(Record
VOL XXVII.
PROCEEDINGS
IN THE COURT OF THE
STAR CHAMBER
IN THE REIGNS OF
HENRY VII. AND HENRY VIII.
EDITED BY
PRINTED FOR SUBSCRIBERS ONLY
LONDON :
HARRISON AND SONS, PRINTERS IN ORDINARY TO HIS MAJESTY,
ST. MARTIN'S LANE.
(Hecot*
THE volume now issued to the subscribers breaks fresh ground
in the national records. The Star Chamber, or rather the
jurisdiction exercised in the Camera stellata, is a striking instance
of the danger incurred in raising up a fresh tribunal instead of
strengthening the older courts of law. This novelty, originally
intended to reach offenders too great for judges of assize, so
effectually accomplished its purpose that all checks on the despotic
policy of the Crown were destroyed, and the power of the Star
Chamber was used to threaten the liberties of England, and
eventually provoked the Great Rebellion.
Some of the results of this explosion will be found in the
volume for the current year, which is now well advanced for the
printers. It contains the records of the County as related in
the minute book of the Quarter Sessions from October, 1646, to
January, 1655-6. The next volume containing the period 1656-
1666 is unfortunately lost ; but the rolls of Quarter Sessions
papers have been calendared down to 1660, to continue our
local history to the Restoration. I venture to think that the
contents will be found not less interesting than those of the two
preceding volumes.
For 1913, the Council hope to continue the series of Episcopal
records with the issue of the registers of Bishops Bubwith and
Stafford. Together they cover the period 1408-1443, and should
throw light on the subject of the spread of Lollardy in the
diocese.
v
The subscription list remains stationary : the latest name to
be added is that of the Public Library, Denver, Colorado, U.S.A.,
which brings the number of libraries and Societies subscribing in
the New World up to ten.
E. H. BATES HARBIN.
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Councif.
SIR C. E. H. CHADWYCK-HEALEY, K.C.B., K.C.
EMANUEL GREEN, ESQ., F.S.A.
THE RIGHT HON. H. HOBHOUSE, P.C.
REV, CANON T. SCOTT HOLMES, D.D.
SIR J. F. F. HORNER, K.C.V.O.
REV. W. HUNT, D.LITT.
SIR H. C. MAXVVELL-LYTE, M.A., K.C.B.
A. F. SOMERVILLE, ESQ.
REV. F. W. WEAVER, M.A., F.S.A.
REV. E. H. BATES HARBIN, M.A. (HON. SECRETARY).
^^^^^•^^\^N^N^\^>X*
VOLUMES ALREADY ISSUED.
VOL.
I. 1887. Bishop Drokensford's Register, 1309-1329. BISHOP
HOBHOUSE.
II. 1888. Somerset Chantries. E. GREEN, Esq., F.S.A.
III. 1889. Kirby's Quest, &c., Somerset. F. H. DICKINSON, Esq.
IV. 1890. Prae-Reformation Churchwardens' Accounts.
BISHOP HOBHOUSE.
V. 1891. Custumaria of Glastonbury Abbey, XHIth
Century. C. I. ELTON, Q.C.
VI. 1892. Pedes Finium, I, 1196-1307. E. GRKEN, Esq., F.S.A.
VII. 1893. Two Chartularies of Bath Priory. REV. W.
HUNT, M.A.
VIII. 1894. Bruton and Montacute Cartularies. SIR H. C.
MAXVVELL-LYTE, K.C.B., and CANON HOLMKS, M.A.
IX— X. 1895-6. Bishop Ralph of Shrewsbury's Register,
1329-1363. 2 vols. CANON HOLMES, M.A.
XL 1897. Somersetshire Pleas, XHIth Century. C. E. H.
CHADWYCK-HEALEY, K.C.
XIL 1898. Pedes Finium, II, 1308-1346. E. GREEN, Esq., 1 .s A.
b
VOL.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
1899.
)>
1900.
1901.
1902.
XIX.
1903.
XX.
1904.
XXI.
1905.
XXII.
XXIII.
1906.
1907.
XXIV.
1908.
XXV.
1909.
XXVI.
1910,
XXVII.
1911.
Registers of Bishop Giffard, 1265-6, and Bishop
Bowett, 1401-7. CANON HOLMES, M.A.
Cartularies of Muchelney and Athelney Abbeys.
REV. E. H. BATES, M.A.
Gerard's Survey of Somerset, 1633. REV. E. H.
BATES, M.A.
Somerset Wills, XlVth and XVth Centuries.
REV. F. W. WEAVER, M.A., F.S.A.
Pedes Finium, III, 1347-1399. E. GREEN, Esq., F.S.A.
Hopton's Narrative of the Civil War. C. E. H.
CHADWYCK-HEALEY, K.C.
Somerset Wills, 1501-1530. REV. F. W. WEAVER,
M.A., F.S.A.
Certificate of Musters in the County of Somerset :
Temp. Eliz. A.D. 1569. E. GREEN, Esq., F.S.A.
Somerset Wills, 1531-1558. REV. F. W. WEAVER,
M.A., F.S.A.
Pedes Finium, IV, 1399-1485. E. GREEN, Esq., F.S.A.
Quarter Sessions Records, Temp. James I. REV.
E. H. BATES, M.A.
Quarter Sessions Records, Temp. Charles I. REV.
E. H. BATES HARBIN, M.A.
Cartulary of Mynchin Buckland Priory. REV.
F. W. WEAVER, M.A., F.S.A.
A Feodary of Glastonbury Abbey. REV. F. W.
WEAVER, M.A., F.S.A.
Star Chamber Proceedings, Hen. VII. and VIII.
Miss G. BRADFORD.
IN PREPARATION.
Quarter Sessions Records, Temp. Commonwealth. REGIS-
TERS OF BISHOP BUBWITH, 1408-1425, AND BlSHOP
STAFFORD, 1425-1443.
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[113-]
Content**
PAGE
REPORT v
BALANCE SHEET . vii
LIST OF PUBLICATIONS ix
LIST OF SUBSCRIBERS xi
LIST OF CASES xix
INTRODUCTION i
STAR CHAMBER CASES 38
SUBJECT INDEX 297
INDEX OF PERSONS AND PLACES 306
SOMERSET STAR CHAMBER
CASES.
1485-1547.
EDITED BY
GLADYS BRADFORD,
Fellow of Nevinham College, Cambridge.
LIST OF CASES.
NOTE.
The cases contained in this volume include all the Somerset cases
preserved in the Record Office for the reign of Henry VII, and all those
contained in the first thirteen volumes and bundles of the reign of Henry VIII.
The way in which the sorting has been done at the Record Office causes
many difficulties, owing perhaps to the fact that vast masses of documents
which were in hopeless confusion had to be arranged with reasonable rapidity.
Thus parts of the same suit are found in different volumes or bundles, and
cases belonging to one reign are sorted among those of the next. In this
volume the cases have been arranged in a roughly chronological order. The
spelling adopted in this list is that of the parties themselves.
PAGE
1. Prior of Bath v. The Abbot of St. Augustine's, Canterbury ... 38
2. Courtney v. Courteney 5°
3. Dean of Wells v. Hardwich and others
4. Powe V. Newman alias Elys ... 62
5. Hameleyne v. the Abbott of Cleve
6. Hamlyn v. Ewen
7. Inhabitants of Draycott and Stoke Giffard v. Rodney
8. The Bishop of Bath and Wells v. Seyntlaw
9. Bole v. Caraunte
00
10. Carter v. Lewis
11. Crosse v. Ap Ryce
12. Dovell v. Hobbys and others
13. Alye -v. Abbot of St. Augustine's, Bristol
14. Doyll */. Weydon
15. Barker v. Leversegge
16. Bray v. Pecher
114
17. Braye v. Lacy
18. Dobell v. Soley, Coke, Sedborough and Heywarde
19. Comer v. Martyn and others
20. Crouche v. Homer and others
XX
PAGE
21. Crouche v. The Prior of Bath 162
22. A Castell and others v. The Abbot of Athelney 17°
23. Dovell -v. Spede and others ... ... i?4
24. Welles v. Doble 177
25. Doble v. Foxe 185
26. Catcotte -v. Welsshe 186
27. Carmynow v. Tredennyk and others ... 188
28. Brooke v. Carrant 190
29. Drapers. Rodney 198
30. Bridge v. Hill (two suits) 200
31. Hartgill v. Zouche ... 207
32. Heith v. Speke and others 216
33. Bucland v. Carewe 225
34. Bruar v. Horwood 228
35. Delton v. Bowreman ... ... ... ... ... ... ... 230
36. Cooke -u. Sedboroughe ... ... ... ... ... ... 239
37. Croke v. Bycombe 246
38. Browne v. Richeman and others 251
39. Bradley v. Eyssham 260
40. Cappis v. Cappis ... 264
41. Cappis v. Stowell 267
42. Androwes alias Frye v. Phyllyps ... ... ... ... ... 273
43. Chaplain of Catcott v. Cooke and others 286
44. Clyfton v. Wylliams and others 293
45. Bailiff and inhabitants of Carhampton v. Chamberleyn... ... 295
SOMERSET STAR CHAMBER CASES.
1485-1547.
INTRODUCTION.
IN the early years of the i/th century, on the eve of its abolition,
the Court of Star Chamber was the centre of a bitter con-
troversy. Politicians, lawyers, and historians vied with each other
in the extravagance of their assertions. Its origin was disputed
with heat, its methods and procedure were alternately eulogized
or vilified, its powers and sphere of action were attacked or
defended by arguments drawn from the scanty records of its
debateable past. The whole question —by no means a straight-
forward one — became strangely complicated by political bias,
and was fiercely debated by exasperated political opponents who
were already on the verge of war. The rival supporters of
Prerogative and Parliament found an argumentative battle
ground in the most famous of prerogative courts. On the one
hand we have Lambarde's rosy view of the Star Chamber, "this
most noble and praiseworthy court the beams of whose bright
justice, equal in beauty with Hesperus and Lucifer ... do
blaze and spread themselves as far as the realm is long and
wide" j1 on the other hand we have the fierce words of Prynne,
Burton, Bastwick, and many another who suffered about this
time from its arbitrary procedure and brutal punishments.
The origin of the Court was specially a matter for violent
conflict. The popular party spoke of it as a court set up by Act
1 Lambarde, Archeion (1635), p. 116.
* One writer described it as "the Sea of the Star Chamber, that Den
Arbitrary Justice . . . which sits every Wednesday and 1
such as refuse to worship the Minion and to yield to the 1
JhTtvotfuctton.
of Parliament in 1487, which had shamefully outrun its legal
powers, ignored its statutory limitations, and disdained the regu-
lations fixing its composition and limiting its sphere of action ;
the prerogative party spoke of it with reverence, as a court
existing from immemorial activity and deriving its authority
from the king and his council — the source of all the law courts
in the kingdom. They spoke of it as absolved by its nature from
obedience to the rules governing those courts, and as wielding
an extraordinary power which embodied the arbitrary and dis-
cretionary power inherent in kingship. In this whirlwind of
assertion and denial sixteenth century politicians, famous for
their unbridled eloquence, surpassed themselves, and it is a
difficult matter to disentangle historical fact from partizan
assertion.
But the dust of conflict has settled long ago. The history of
the origin and work of the Star Chamber, far from arousing keen
feeling, usually fails to produce any sensation except that of
boredom. And yet it is a court so alien to the general character
of English jurisprudence, so typical of the violent methods of a
violent age, so representative of the vital spirit that animated the
Tudor despotism, that it well repays investigation. Again, the
subject matter that occupied the time and attention of the court
is not without dramatic interest. Though this collection deals
with the Somerset cases just as they appear in the volumes and
bundles at the Record Office, without any attempt to pick out
cases of special interest, it contains many a vivid story and
striking character sketch of some forgotten worthy — and many
of the cases record the actual words spoken in the heat of some
broil more than three hundred years ago.1
Fate — and careless clerks — have dealt harshly with the records
of the Court and, by an annoying coincidence, the most critical
moment in the life of the Star Chamber occurs at a point where
outside records fail us. Thus, even when passion and prejudice
have died away, there are many things in the history of the
Court to puzzle and confuse the most careful observers. But
the obscurity of the subject has attracted able investigators.
1 See pp. 61, 64, 80, 106, 108, 118, 122, 131-2, 142, 145-6, 149, 150, 160,
l6l, 170, 182, 210-12, 215, 222, 233, 237-8, 244, 259, 280, 285.
fntrofettctfat.
Recent researches1 have thrown a flood of light on much that
was before dark and obscure, and many disputable assertions
are now well on the way to becoming commonplaces. In this
brief sketch only a straightforward account, which should be
sufficient as an introduction to the cases contained in this
volume, will be attempted.
To begin with the origin of the name, " Star Chamber," as
to which there have been many theories. Smith, Coke, Cowcll,
and Stowe derive the name from the stars that adorned the
ceiling of the room in which it met, Lambarde from the Anglo-
Saxon " steoran," to steer or govern, Blackstone from the fact
that the room at Westminster where the Court sat was the
depositary of the Jewish bonds called " Starra "- (corruptly from
the Hebrew " Shetar "), and Hudson3 from the judges, who like
stars shone in the legal world deriving their light from the royal
sun ! Without attempting to decide between these various
theories, beyond suggesting that the first appears the most
obvious and least strained, it may be noticed that the name in
the form Camera Stellata first appeared in the reign of Edward
III. as a description of a room in the palace of Westminster,
where the Chancellor, Treasurer, Chamberlain, Lord Privy Seal
and other members of the King's Council sat to compel William
de la Pole to restore charters and deeds retained by him.4
Some years later Sir William Coningsby was bound over in the
Star Chamber to keep the peace, restore money he had extorted
and bonds obtained by him under duress. Thus whenjt first
emerges from the mists of the past we find that the " Starred
' The Introductions written by Mr. I. S. Leadam for the Mar Chamber
Cases, published by the Selden Society, are invaluable, and Miss
Scofield's able monograph, A Study of the Star Chamber, is full
tion. A catalogue of the manuscripts in the British Museum relating to
Star Chamber was made by John Brice (Add. MSS 28,201 A fc
This has been added to by Miss Scofield and printed by her, PP-*£°
* This theory has been examined and rejected by Caley m Ar>
VOl'3VHudson's Treatise on the Star Chamber is very ; valuable as ; he had
access to documents which are now lost, but it is wn tenth
the object of defending the Court from the outcry aga.nst it
legal powers.
4 Close R., 29 Edw., m. 26 d.
fntrotfuctfon.
Chamber" was already known as a place where the King's
Council met to do justice on great offenders who were too
powerful for the ordinary courts to deal with effectively. A
long period follows during which allusions to the Star Chamber
are isolated and almost accidental. What records there are,
however, go to prove that the existence of the Court was
continuous and its character unempaired. By the reign of
Henry IV. we hear of the purchase of " rich cloths, tapestry and
cushions for the advantage and accomodation of the lords and
nobility appointed to consult together on behalf of our said lord
the King in the Star Chamber within the king's palace of
Westminster."1 It can be proved that the King's Council
continued to meet in the Star Chamber and transact judicial
business there during the reigns that followed.2 Late in the
reign of Henry VI., however, the Privy Council records come to
an end, and they do not begin again until 1540. It is in this
interval of obscurity that the famous development of the Court,
which has led to so much confusion and dispute, took place.
The modern view is that the Council continued to sit in the
reigns of Edward IV. and Richard III. and deal with judicial busi-
ness as before, and this view can be supported by trustworthy, if
scanty, evidence.3 The first two years of the reign of Henry VII.,
before the passing of the Star Chamber Act of 1487, are of
special importance, and the evidence fortunately becomes more
full. In 1487 the office of usher of the receipt and Star Chamber
is mentioned/ in the following year a fine made before the King
and his Council in the Star Chamber is referred to,5 and on
another occasion the judges of the Common Bench went to ask
for advice from the Chancellor and lords of the Star Chamber.6
Lambarde states that during the first two years of his reign
1 Issues of the Exchequer, p. 274.
3 Here assertion only is made. For proofs see the evidence collected by
Miss Scofield and by Mr. I. S. Leadam.
3 Year Books, 13 Edw. IV., fols. 9-10 ; 2 Ric. III., fol. 4, 22 ; I Hen. VII.,
Mich. Term, No. 3 ; Coke, Institutes, pt. iv, cap. 5 ; Paly rave, Kin^s Council j
note F. F. ; Lambarde, Archcion, 137, 152.
4 Rot. Parl., vi. 366.
6 Campbell, Materials for the Rei^n of Henry VII. (Rolls Series), ii, 91.
• « Year Book, 2 Hen. VII., Mich. Term, fol. 9.
faitnrtJuctum.
Henry VII. sat twelve times in person in the Star Chamber,1
and this statement is upheld by the discovery of a manuscript
containing notes of the business transacted in the Court during
these two years.2 In the first year we find the king himself
hearing a case of riot with the assistance of four bishops, twenty
one councillors, and the attorney general, and later dealing with
the murders, robberies, and other violent disorders that were
distracting the counties on the Scotch borders.
This brings us to the famous Act of 1487 which, from the
late sixteenth century until comparatively recently, was regarded
as the origin of the Court of Star Chamber. Even in the rapid
sketch given above it may be seen that there Is overwhelming
evidence of the existence of the Court long before the reign ot
Henry VII. The view that the Star Chamber originated under
the Act of 1487 was very tempting to the political theorists who
looked askance at its vast despotic powers. The heresy arose
early and spread wide. It gained official sanction in an Act ot
the reign of Elizabeth,3 and practically held the field until the
end, when the Act abolishing the Star Chamber traced its origin
to the statute of 1487.* Yet there were always some men who
challenged this theory. Hudson for instance calls it " a doating
which no man, that had looked upon the records of the Court,
would have lighted upon." Several other writers in the late
sixteenth and early seventeenth century took what appears to us
to be the historical view on the vexed question of the origin of the
Court. Camden in 1586 writes of it as deriving its origin and
authority from the King's Council, and its name from the reign
of Edward III., pointing out that Henry VII. did not found the
Court but merely added to its powers by Parliamentary
authority : — " Verum huius authoritatem prudentissimus prmceps
Henricus septimus ita parliamentaria authoritate adauxit
constabilivit ut nonnulli primum instituisse falso opinentur. •
1 Lambarde, Archeion, p. 139.
2 Harl. MS.| No. 305, art. 2. This MS. conta.ns the Liber Intmtionum
or Book of Entries, which, from its nature, as Miss Scofield
o be a book of Council minutes. Scofield, op, ctt., p. o.
3 5 Eliz., cap. 9.
4 1 6 Car. I., cap. 10.
6 Camden, Britannia, ed. 1594, P- "2.
JhitttrtJurtt'on.
Sir Thomas Smith, alluding to the increase of the power of
the Court during Wolsey's Chancellorship, speaks of it as
beginning long before.1 He mentions, however, some " inter-
mission by negligence of time," of which we have no evidence.
Lambarde, though writing at a time when the evil reputation
of the Star Chamber was clouding its earlier history, and leading
men to take the narrowest possible view of its powers, takes the
historical view that the Act of Henry VII. added to the powers
of the Council in dealing with particular cases without touching
upon its original jurisdiction.
Unfortunately, however, the men who supported the theory
of the early origin and extra-statutory powers of the Court were
those who were the most ardent champions of arbitrary royal
power. Their theories, though historically correct, shared the
hatred aroused by their politics, and the action of the Star
Chamber itself in the dark days before its unmourned fall
justified the bitterest onslaughts of its enemies.
On the other hand it is easy to show that the work
done by the Star Chamber Court in the early Tudor period,
with which this collection deals, was as admirable as it was
detestable later. Henry VII. came to the throne in a time of
disorder and violence. The Wars of the Roses had left their
bitter legacy of hatred and civil strife, and the King's throne
itself, the only hope of the common people for respite from
aristocratic factions, was threatened by pretenders within the
kingdom, who were backed up by all the princes of Europe, and
supported by the over powerful nobility with their hordes of
liveried retainers. Within a year of the King's accession he had
to fight for his throne on the field of battle. The restoration of
order and of reverence for the law was a pressing necessity, and
much of the King's success was due to the action of the Court of
Star Chamber. It was characteristic of Henry's genius for
kingship that he was able to fashion so apt a tool of despotism
from an already existing court.
The Act of 1487 created no new court ; it simply gave
statutory sanction to the judicial powers long exercised by the
Council. It followed the precedent of the statute of 1453, which,
1 Commonwealth of England, ed. 1 589, Bk. iii, chap. 4.
$ntrot(uctfon.
passed at the time of Jack Cade's rebellion, gave the Council
authority to summon offenders accused of breaking the King's
peace to appear before it by writs of privy seal. Yet in many
ways it improved upon the Act to which it owed its " statutory
pedigree." The Act of 1453 had been of a temporary character
and had expired in 1461. Henry VII. intended to arm himself
with a permanent weapon to face his greater difficulties. In his
resolve to be obeyed and to restore order to his kingdom, he
strongly reinforced the authority of his Council, and here
the gift that he, like all the Tudors, possessed, of enforcing
his will through compliant Parliaments, served his turn. The
Commons, finding their only hope of peace in the King, willingly
sacrificed their old jealousy of the royal Council, and armed it
with further powers to be used against the disorderly nobles.
"That which was principally aimed at in the Act," says
Bacon, " was force and the two chief supports of force,
combination of multitudes and maintenance or headship of
great persons."
The Act of 1487, after rehearsing the particular mischiefs it
was designed to check— maintenance, the giving of liveries, signs
and tokens, retainers by indentures, promises, oaths, writing or
otherwise, embraciaries of the King's subjects, the untrue
demeaning of Sheriffs in making of panels and other untrue
returns, corruption of juries, great riots and unlawful assemblies-
gave the Chancellor, Treasurer and Keeper of the Privy Seal or
any two of them, calling to them a bishop and a temporal lord
of the Council and the two chief justices of the King's Bench and
the Common Pleas, or two other justices in their absence, "upon
bill or informacion put to the seid Chauncellor" authority 1
summon before them by writ of privy seal the said rnisc
examine them at their discretion, and punish them accordi
law. . , ,
Thus the Act enlarged the sphere of jurisdiction forwhi
Council had Parliament as well as prescription be
acknowledged its long disputed claim to issue writs of s
or privy seal, and finally gave the Council statutory authont
examine defendants on oath, a practice exercised long 1
doubtful authority, almost abandoned under popular prc
now put on a sound footing.
8 {ntrotfuctfoii.
Thus armed, this powerful court became a terror to the evil-
doers whose violence brought them within its sphere. Riot,
bullying of all kinds, tyranny, oppression and contempt for the
weak found prompt, swift justice, free from red tape and
formalism. The Somerset magnate who terrorized his neighbours
O C5
and overawed juries, ruling with the strong hand unjustly, found
himself brought to heel by men so highly placed that they were
far above corruption or intimidation.
In comparison with the ordinary law courts the Star Chamber
was both swift and cheap, and its rapid action did much to secure
its hold on the people. From this collection of cases it can be
clearly seen that the Court actually was, as it professed to be,
accessible to the humblest litigants. Yeomen and husbandmen,
from the then remote west, found themselves able to set in motion
the powerful machinery of the Star Chamber, which proved
itself undoubtedly to be the Court " to bridle such stout noble-
men or gentlemen, which would offer wrong by force to any
meaner man, and cannot be content to demand or defend the
right by order of law."1
Something must be said here about the procedure that was
regarded by contemporaries as so simple and effective.2 It
consisted of bill, summons, and answer, the examination of the
defendant on oath, rejoinder, replication, the examination of
witnesses and judgment.
The first step was the drawing up of a bill of complaint by the
plaintiff, in which he recited the injuries of which he complained.
According to the Act of 1487 the bill had to be addressed to the
Chancellor, but the absence of stereotyped usage, characteristic
of the Court, is illustrated here at the outset, and there was much
diversity of practice. Sometimes the Act was obeyed and the
Chancellor was addressed, sometimes the bill was addressed to
the King, sometimes to the King and the Lords of the Council,
sometimes to the Lords of the Council alone. These Somerset
cases contain examples of all these forms of address, except that
to the Chancellor and the Lords of the Council, but by far the
most common was the address to the King alone, the form being:
1 Smith. Commonwealth of England.
2 For a full discussion of the procedure of the Court, see Leadam, S/ar
Chamber Cases, vol. i, Introduction, xviii-xxxiv.
flntrotturtum.
" To the King our sovereign lord," a variation found once only
being " To the King's highness." The address to the King is
actually found in thirty-seven of the cases contained in this
volume, and by the end of the reign of Henry VIII. it became the
almost invariable form. Three bills address the King and the
Lords of the Council, one the Lords of the Council alone, and
one the Archbishop of Canterbury, perhaps in his capacity as
Chancellor.1
These bills, which were drafted and signed by counsel, are of
very varied length. The bill usually ended with the prayer that
the defendant might be summoned to appear before the Court
either by writ of sub pcena, letters of privy seal, or by the
despatch of the serjeant-at-arms to compel the defendant's
appearance. The first method of summons was commonly
employed. Twenty-nine of the bills in this volume prayed for
the issue of the king's " dradde " or " graciouse " writ of sub pcena,
sometimes to all the defendants jointly, sometimes separately to
each. From the reign of Henry VIII. onwards this form of
summons was by far the most common, and it became almost
invariable in the seventeenth century.2
It has been suggested that summons by letters of privy seal-
a more intimate and personal method of summons — was usually
though not invariably used when the defendant was a peer.3 We
have no instance of a peer as a defendant in this volume, but
letters of privy seal are asked for in five or perhaps six4 of the
bills contained in it. The despatch of the serjeant-at-arms
only once asked for, in a case when the defendant was known t<
be in London.5 In addition to these three forms we meet as
usual with several variations. In one case the Star Chamber
asked to add a writ of injunction to the sub pcena,6 i
'their lordships order concerning the premises" is asked 1
third the plaintiff is content with his prayer to the Star C
' See note i, p. 62, below.
2 Hudson, Star Chamber ; Leadam, op. at., i, xiv-xvi.
3 Cowell, in his Interpreter, takes this view.
* The "letters of sub poena" asked for in the suit of Doyll
(see p. 109) probably mean letters of privy seal.
5 Bole v. Caraunte, see p. 87.
6 Draper v. Rodney, see p. 200.
7 Brown v. Richeman and others see p. 256.
to Jfntrottuction.
without asking for the defendant to be summoned1 ; in a fourth
the plaintiff only asks for his discharge from the payment of a
certain rent.2 In a fifth case the bill becomes elaborate in its
demands, asking for the summoning of the defendant for
direction and punishment, for the compelling of the defendant to
give surety, and for the appointment of a commission of
indifferent persons, these special precautions being perhaps a
measure of the terror inspired by the redoubtable John Rodney.3
There is considerable variety too in the way in which the
plaintiffs described the tribunal before which they prayed that
the defendants might be summoned.
Mr. Leadam has found the following variations : —
1. The King " ubicunque fuerit."
2. The King and Council in the Star Chamber.
3. The King or Council in the Star Chamber.
4. The King in the Star Chamber.
5. The Council.
6. The Chancellor.4
7. The Chancellor and Council.
8. The Chancellor in Chancery.
9. The King and Council.
10. The King and Council at Westminster.
IT. " This honorable court."
These Somerset cases throw further light upon the practice.
Of the first, fifth, sixth, seventh, eighth and eleventh forms
this collection gives us no example. The second form is used
fourteen times, the third, which Mr. Leadam thought might be
exceptional, appears twice. There is but one instance of the use
of the fourth form, the ninth form is used nine times, the tenth
form five times. Three other forms, not found by Mr. Leadam,
occur here ; " the Council in the Star Chamber " is named in six
bills, the " Council at Westminster " in one bill, and " the King
at Westminster " in one bill.
But various as are the descriptions of the Court given in the
bills, the plaintiffs all wanted the same thing — to compel the
1 Carter v. Lewis, p. 89.
2 Bradley v. Eyssham, p. 264.
3 Inhabitants of Draycott v. Rodney, p. 75.
4 This was found in a bill originally filed in Chancery.
fntrotJuctton.
ii
defendant to appear before the formidable Court at West-
minster.
The next step was the riling of the bill by the clerk of the Court,
and the summons of the defendant in one or other of the forms
mentioned above to appear before the Star Chamber on a definite
day.1 Occasionally an interim injunction was issued to restrain
the defendant from the conduct complained of by the plaintiff until
the case had been heard by the Court.2 The appearance of the
defendant then followed, and the great power and prestige of the
Star Chamber made cases in which the defendant dared to incur
contempt of court by failing to appear very rare indeed. In this
respect the contrast with the ordinary Courts is very marked.
The Star Chamber had very powerful machinery to deal with
the exceptional case of a defendant failing to obey the writ of
sub poena. A writ of attachment was issued to the Sheriff of
the county in which the defendant lived. If he dared to disobey
that, a proclamation of rebellion was issued, and finally a
commission of rebellion was directed to six commissioners named
by the plaintiff. No defendant however in these Somerset cases
dared to match his strength with the formidable court.
Unless he was specially excused, the defendant had to appear
in person at every session of the Court until he was discharged.
After hearing the charge against him he was allowed eight days
to prepare and bring in his answer, unless he filed an affidavit to
the effect that documents vital to his case were in the country,
when he was allowed until the beginning of the following term.
Like the bill the answer had to be signed by counsel and an oath
was administered to the defendant as to the truth of it.
to avoid this hated obligation, hints the Prior of Bath, that the
Abbot of St. Augustine's had filed his answer in the form of a
petition, " of subtiltie and craft by cause the same ab
not be sworne vppon eny answer by him to be made.
The character of the defendants' answers varied very r
' The bills are often endorsed with a note of the summons issued for
the defendant's appearance.
'• IcofiISd,II^S:p8742- Hud'son, Tr^ of Cour, of Slar O-»r
(Collectanea Juridica> 1792, vol. u), 159-
4 See below, p. 43.
12 Introduction.
Sometimes it was a mere bald denial of the charges and gave the
court no new information, sometimes it gave a reasoned denial,
sometimes it took the form of a series of counter charges against
the plaintiff and was both long and elaborate, sometimes it did
not go beyond a denial that the case came within the sphere of
Star Chamber action and a prayer to be remitted to the common
law. Some such prayer was introduced at the beginning of a very
large number of the answers.
The next stage was the examination of the defendant on
oath, the very important new procedure directly set up by the
Act of 1487. Hitherto the Council, when it arrogated to itself
this power, had no authority for such a proceeding, which was
regarded with much jealousy by the ordinary Courts. In the
earliest period this examination was taken in Court, the Lord
Chancellor administering a series of short questions1 ; later the
procedure became more cumbersome, the interrogatories and the
answers to them being written out at length. The plaintiff was
allowed four days, from the time of receiving the defendant's
answer, in which to prepare and put in these interrogatories. In
this collection we have several examples of the answers of
defendants to interrogatories of a very searching character.2
The next possible stages, the " replication," a further state-
ment by the plaintiff, and the " rejoinder " of the defendant were
very often omitted, probably, in Hudson's view, because there
was a rule that no new charge could be brought forward in the
replication, which therefore became a mere formality. The same
thing may be said of the " surrejoinder " and " rebutter," introduced
later by law clerks to pile up their fees, and drafted by them as
mere formalities. Of the two latter it is natural that we find no
example in a collection of cases drawn from a period when the
Star Chamber was doing its best work with the least formalism.
Instances of replication and rejoinder can be found in this
volume.3 They rarely contain any new facts, and in order to
economize space have not usually been printed here unless the
absence of the bill makes them specially important, but their
existence is always noted.
1 Hudson, p. 168.
2 See pp. 117-120, 141-4, 145-161, 177-9.
3 See pp. 54-5, 94-7, 109-110, 124-5, 138-14!'
Introduction.
After the pleadings on both sides had been taken the
examination of witnesses followed. The practice of the Star
Chamber was to issue a commission to certain local com-
missioners nominated by the Court for the particular case, who
were, says Hudson, " men of great worth in the county where
the fact ariseth."1
The cases printed in this volume illustrate this, and members
of many of the great Somerset families appeared as commis-
sioners. The commission was known as dedimus potestatan-
Sometimes the authority of these local magnates was rein-
forced by the addition of a great lawyer to the commission, but
this was exceptional. The rules as to what evidence was
admissible seem to have been of the most shadowy character.
In one case we find a series of witnesses with extraordinarily
long memories. One man plainly remembered the service he got
2d. for rendering forty years before. Another, aged seventy-two,
gave as evidence something his father had said twenty-four years
ago — his father being then aged ninety. A third reported what
he had heard a servant of the Abbot's saying. This is not an
isolated instance of extraordinary laxity in the admission of
evidence,3 which was probably due to the fact that the com-
missioners were laymen and not lawyers.
It is only fair, however, to notice that the parties often
produced much more reliable evidence — deeds, charters, and court
rolls bearing directly on the case1 — and it is probable that t he-
assistance of men who had local knowledge far outweighed any
disadvantages arising from their lack of legal training.
Occasionally witnesses were examined before the Court in
London before or after the commission sat in the country,5 but
this procedure seems to have been exceptional. The usual
practice, that of taking evidence in the country, was one of the
points that was specially admirable about Star Chamber proce-
dure. It made justice more equal between parties by avoiding
1 Hudson, p. 202. At a later date the commissioners were chosen by the
parties to the suit. Ibid, and Leadam, op. cit., Intro, xxxin.
2 See below pp. 181, 193, 196.
» See pp. 102, 104-6, 184, 212, and Delton v. Bourman, pp. 237-8.
4 See pp. 97-8, 103-4, 151-3, 202-3.
6 Hudson, i, 200.
14 fntnrtWftton.
the expense of bringing witnesses to London, which was then,
even more than now, a very heavy and almost prohibitive
expense to poor litigants.
There are several instances among these cases of another
very useful process adopted by the Court, that of appointing
commissioners with authority, not only to hear evidence, but to
decide the case if possible, certifying the result to the Star
Chamber.1
The next stage was the delivery of judgment by the Court,
and here we come to a vexed question. It is difficult to decide
who the judges of the Court really were. Actually all the
decrees and orders of the Court have disappeared. Their loss
was announced in 1719 by a Committee of the House of Lords,
which naively reported that " they were last seen in a house in
Bartholomew Close, London."2 How they reached this obscure,
and insecure, resting place is unknown. Coke, writing in the
seventeenth century, mentions the acts and decrees of the Star
Chamber as " engrossed in a fair book," and Mill, a clerk of the
Star Chamber, gave evidence to the same effect.3 In 1608, when
Francis Bacon became clerk, he took over three calendars of
Star Chamber orders ranging from the first year of Henry VII.
to the thirtieth year of Elizabeth. By the time of Hudson —
that is about 1625 to 1635 — the record keeping of the Court had
become careless ; the books, he said, were negligently kept and
many times lost, but when describing the early period he states
that the practice was then very different : — " the judgments
were kept with such care, and remain in such order
as no records in the kingdom are more use than those remaining
in the Tower of London." The early decrees of the Court were
certainly then in exisience, and as clerk of the Star Chamber he
had access to them, but we may suspect that the Court never
reached the standard of carefulness and accuracy habitual in the
ordinary law courts. It kept no formal plea roll, it did not consider
itself bound by precedent — or certainly reverenced it less than
other courts — and its character for swiftness militated against
extreme carefulness. When the Court was abolished in 1641, its
1 See below, pp. 81, 97, 108, 184.
2 Scargill-Bird, Guide to Documents at Record Office, p. 198.
3 Hargrave MS. No. 216, art. 19.
fntrottticttott. 15
name was so universally odious that its records were not likely to
be reverently handled. A few notices of orders, decrees, and fines
can be found here and there, and very occasionally the decree
itself has survived among the other documents of a suit One
such exceptional survival appears in the present collection.1
Thus, as we have to depend upon the few decrees of the Star
Chamber which chance has preserved for us, it is dangerous to
dogmatize on the point as to which members of the Court were
qualified to act as judges.
The intricacies of the question may fortunately be passed
over lightly here. On the one hand we have a judgment of 1493,
which expressly laid it down that the Act of 1487 appointed as
judges the Lord Chancellor, Lord Treasurer, or Lord Privy Seal,
or two of them, the other members of the Court being assistants
and assessors and not judges.2 On the other hand it has been
argued that the other members of the Court — the bishop, the
temporal lord, and the two chief justices of the King's Bench —
were also judges. Coke, for instance, gives the weight of his
authority to the statement that the two chief justices were
judges in the Star Chamber Court.3 After some discussion
Mr. Leadam has come to the conclusion that the judgment of
1493, called contemptuously by Coke " a sudden opinion," was
sound law in so far as it decided that the common law judges sat
as assessors only, but wrong inasmuch as it seemed to limit the
judges to the chancellor, treasurer, and privy seal. To put it
shortly, the best modern opinion is that all the members of the
King's Council who sat in the Star Chamber gave sentence as
judges, having first taken the advice of the common law judges.*
One thing that is absolutely clear is that the composition of
the Court constantly varied from that set out in the Act of 1487.
1 See below, p. 224. See also p. 293, n. i. A few notices of Star
Chamber fines of the reigns of Edward VI., Philip and Mary, Ehzabe
James I. can be found in the Accounts of the Exchequer and Que
Remembrancer, in the Record Office. A manuscript entitled He
causes in the Star Chamber temp. Hen. VII." is in the Harleian C
(Harl. MSS. 68 1 1, art. 2.) Notes of the rules and fees of the '
Lansdowne MSS. No. 335, art. 3.
2 Year Book, 8 Henry VII., fo. 13, pt. 7-
3 4 Institiites, 62.
4 Leadam, op. «'/., i, xlvi-xlvii.
1 6 Jfntvofcuttt'on.
Sometimes one or other of the statutory members is absent,
sometimes many lords of the Council in addition to the one
provided for by the Act were present. Often the Lord President
of the Council, who was not named in the Star Chamber Act,
presided as judge1, sometimes the two common law judges were
not summoned. Sometimes, on the contrary, there was a very
large legal contingent ; the chief baron, the puisne judges, the
attorney and solicitor general, and the King's sergeants-at-law.
Yet we never find in any of the suits the plea that the com-
position of the Court did not conform to statute. The whole
point of the statute of 1487 in this connection, was to make it
easier for the Star Chamber to meet and despatch its business.
It was designed to reinforce rather than limit, and it gave to a
small -committee of the Council the power to act for the whole
body in dealing with certain specified cases of disorder and
violence, the prevalence of which formed a crying evil. The com-
mittee perhaps took up its abode fairly permanently in the Star
Chamber at Westminster, and stayed there while the King and
his court were moving about the country, other members of the
Council making their appearance when the King's court came
back to residence in the capital. This would explain the great
fluctuation in the size of the Star Chamber. Size was a matter of
convenience, not of principle, the Court was as much " the
King's Council in the Star Chamber " if there were four members
present as if there were forty. The Act of 1487 was never
regarded as restricting the composition of the Court for all time
to the officials set down in the Act. Indeed it is obvious how
great an inconvenience that would have caused. Fox, Bishop of
Winchester, who was Lord Privy Seal when the Act was passed
was not even then available for constant sitting in London2 ; the
Earl of Surrey, appointed Lord Treasurer in 1501, was much
occupied by military duties.3
1 An Act of 1529 added him to the number of judges. Stat. 21,
Hen. VIII. cap. 20.
2 The period 1494 to 1497 was one of specially irregularity and some-
times neither Chancellor, Treasurer, nor Lord Privy Seal was present.
Hudson i, 23. It was a critical period in the King's reign, when he could ill
spare great officials for judicial work.
3 Scofield, op. tit., p. 5.
Introduction. 17
In short, if the Star Chamber had considered itself bound by
the Act of 1487, which made the presence of Chancellor, Treasurer,
and Lord Privy Seal, or any two of them, imperative, it would
have done very little work. Yet we know that it was so active
during the reign of Henry VII. that, according to Hudson,1 it sat
every day during term time. It certainly sat at least three days in
every week. We may perhaps explain the judgment of 1493 as
an attempt of the common law judges, inspired by their well-
known jealousy of the Star Chamber, to limit its activity by
stereotyping its composition, but the attempt failed utterly. We
actually find men who were not even privy councillors acting as
judges in the Star Chamber. This was brought about by the
King's summons to the individual, who thereupon took an oath
as Councillor, and sat in the Star Chamber.2 Among the
individuals who sat in this way in the Court during the reign of
Henry VII. were Dr. Hatton of Trinity College, Cambridge, the
Warden of Merton College, and the President of Magdalen
College, Oxford, the Deans of the Chapel Royal and St.
George's Chapel, Windsor.
The Court of Star Chamber was theoretically supposed to be
held before the King, and an empty seat was reserved for his
use. Henry VII. and James I. sat fairly often,3 but only one
record of Henry VIII. sitting has been found. The fact that
the " source of justice " occasionally appeared himself probably
added to the elasticity in the composition of the Court, the
judges being after all merely his delegates. As Mr. Leadam
puts it : " The Court was always supposed to be held before t
King .... and whether the officials nominated by the Act were
sitting or not, was, in the presence, real or constructive, ol
from whom its jurisdiction flowed, a matter of no legal i
Another very intricate question, that of the exact relatu
« ?his'poini is more than usually obscure. There is Considerable conflict
of evidence. See Hudson, p. 36, Fortescue, Governance of England
(1885 ed.), p. 147, Coke, Institutes, part iv, cap. 5-
l of Lord Geo. Carew (Camden Soc.) p. 36- James
sat in the Star Chamber in June, 1616, "where he made a long speecc
the admiration of the hearers speakinge more like an angel
4 Leadam, op. tit., p. Ivii.
1 8 fottrottuctton.
between the Star Chamber and the Council, has been the subject
of many elaborate discussions, the final outcome of which appears
to be the decision that, though the two bodies were closely related
in personnel, there was always a distinction between them.
The Council was primarily deliberative, the Star Chamber
judicial in action ; the latter had a much stronger legal element,
since the two chief justices, who were standing judges of the Star
Chamber,1 were not members of the Council ; the Star Chamber
sat in public and only in term time, while the Council deliberated
in secret and at any time found convenient.
It is possible that the Council exercised a concurrent
jurisdiction, even in riot for some time, though the case of 1500
quoted does not appear to be conclusive.2 In any event, the
Council soon gave up considering cases of this kind in its
deliberative meetings, referring them to its judicial meetings in
the Court of Star Chamber, where it was reinforced by legal
experts and its procedure strengthened by statute.
When the Court proceeded to pass sentence, each judge
spoke in turn, beginning with the councillor of the lowest rank
and ending with the presiding judge. The sentence was given
by the verdict of the majority, and the defendant often adopted
an attitude of great humility, kneeling in the middle of the court
to hear his judges pronounce sentence.
The scale of punishment was very wide, and varied from a
small fine or a day or two of imprisonment to anything short of
the death penalty. The commonest of all the punishments
inflicted by the Court was a fine, and the Court gained great
notoriety from the very large fines it inflicted. In the reign of
Henry VII. some very heavy fines were levied, especially for
livery and maintenance. A list of the fines received by Dudley
for the King, between 1505 and I5o8,3 gives an idea of their
amount. We find Sir William Capell and his son Giles fined
;£i,ooo ; the " parson of Clyve " £20 ; Sir William Say, " for his
discharge of his intrusion into certein lands in the West Country
1 Their presence was very valuable, and perhaps aided the great develop-
ment of the Court in the Tudor period.
2 Mr. Leadam takes the view that the Council did concern itself with
riots. Leadem, op. tit., liii, liv.
3 Lansdowne MSS. No. 160, p. 320. (Printed in Archaeologia, vol. xxv
390-3-)
fntrofcuctton.
of the inheritance of one Hill, his first wife," 2,500 marks ; the
Earl of Devon for keeping retainers, 1,000 marks; Giles, Lord
Daubeney, for receiving money at Calais which belonged to the
king, £2,000; the Earl of Northumberland, £10,000; and the
Abbot of Glastonbury, £20O.1 In the reign of his son and
successor heavy fines were the punishment of heresy. Thus
Tyndal and Patmore, for distributing New Testaments, were
fined £18,840 os. lod. In the reign of Elizabeth there were
other instances of heavy fines.2
Imprisonment by order of the Star Chamber was also fairly
common. The Court also showed great ingenuity in devising
punishments which were supposed to fit the offence. It showed
a great fondness for inflicting some kind of spectacular humilia-
tion upon the offender, ordering him to ride round Westminster
Hall with his face to the horse's tail, to do public penance in an
adornment of torn papers, and so on. There is grim humour in
the order that the leader of a sect which taught the unlawfulness
of eating swine's flesh should be committed to prison and fed on
pork.3
Many defendants had to advertise their humiliation as a
preliminary to the grant of a pardon by the Court. Thus Robert
Devereux, who confessed himself of guilty of " hainous riots,"
had to walk through the streets from the Tower to Westminster
barefooted and in his shirt, to ask pardon of the Court, and many
other instances might be quoted.*
The punishments inflicted by the Court became increasingly
severe when despotism passed from its climax under the Tudors
to its decline under the Stuarts. It is then that the cruelty
often associated with conscious weakness appears, and though
corporal punishment had often been inflicted before, it is then
we find frequent record of the brutal and vindictive punishments
for political offences constantly associated in the popular mir
with the Court of Star Chamber— the cropping of ears, si
of noses, branding the letters S. S. (sower of sedit
1 See J. S. Burn, Notices of Court of Star Chamber.
* Harl. MS. 425, art. 8 ; Exch. Q.R. Bdle. 119, No. 21. A part of
heavy fines was often remitted, the view apparently being that
judgments, even if not recoverable, would have a deterrent e
3 Burn, op. cit., i, 74.
* Burn, op. «'/., pp. 45, 47.
20 Cntrotructton.
hot irons into the cheeks, and the use of the pillory and the
rack.1
On the whole, a review of the procedure of the Court shows
it to have been swift, simple and economical. It is comparatively
late (1597) before we hear of the inordinate length and multi-
plication of documents, and the piling up of mountainous fees,2
and then reform followed swiftly,3 though the same complaints
reappear later.4
The Court occasionally acted in an even more summary
manner, by the procedure known as " ore tenus," under which the
presumed delinquent was arrested by an Order in Council issued
on private information,5 or " by the curious eye of the State and
King's Council."6 The accused was privately examined (torture
being sometimes employed in the later period), and if he denied
the offence was remitted to the ordinary formal process. If he
acknowledged the offence, a written confession was obtained and
judgment was passed.7 The rule that the confession was not to
be extorted by compulsion, and that it was to be acknowledged
in open court,8 was more honoured in the breach than in the
observance,9 and we can understand Mill's comment that " many
mischiefes mingled in that manner of dealing."
Practices like the above, though condemned by the law, were
not infrequently used by royal officials whose zeal for the royal
prerogative made them very untender of the subjects' liberties,
and we can easily trace the appearance of the autocratic methods
1 See the trial of Leighton for seditious libel in 1630. Rushworth,
Historical Collections, 55-8.
2 Lansdowne MSS. No. 86, art. 42.
3 Ibid., 2310, art. 5. An order of Elizabeth's limited the length of the
bill to fifteen sheets, and the interrogatories to fifteen articles which were
not to contain more than two or three questions each.
4 Ibid., 4022. In the reign of Charles I. the unhappy defendant some-
times had to answer interrogatories of fifty articles, each containing twenty
or thirty questions.
5 This was part of the hateful " informer " system, raised to a fine art, as
a means of getting money, by Empson £ Dudley.
* Hudson, p. 126.
7 Archaeologia, vol. xxx (1844), pp. 64-110.
8 Hudson, p. 127.
0 E.g., Proceedings v. Lord Vaux and others for receiving Jesuits.
Archaeologia, loc. tit.
fattroKuctfon. 2I
that finally made the Star Chamber the best hated court in the
kingdom.
After each sitting, the Star Chamber judges dined together
in the Inner Star Chamber at the public expense. They dined
luxuriously, and the growing cost of these dinners was a source
of vexation to Elizabeth's careful Lord Treasurer. In 1509
their lordships were able to dine for £i IDS. ;</., though the sum
mentioned included the cost of washing and the cook's wages but
by 1588 a dinner cost £18 5 s. 2dl
To turn from the procedure of the Star Chamber to its work.
Its value to society at the early period with which this collection
is concerned can hardly be exaggerated. It was one of the most
powerful of all the weapons used by Henry VII. in dealing with
the grave social disorders that faced him at his accession. The
action of the Court in this connection is fully illustrated in this
volume, and we find it hard at work repressing the evils of riot and
maintenance, the corruption and intimidation of juries, and the
frays, assaults and broils that were the evil legacy of years of
civil war.
Nearly all the cases we have before us allege riot in some
form or another. In fact the bills of the plaintiffs betray a
suspicion that where no riot could be alleged the defendant
might claim to be removed from the jurisdiction of the Star
Chamber, and hence we get the constant allegation of riot in the
forefront of cases which seem otherwise to be within the scope
of the common law courts. We may surmise that an anxiety
to benefit by the swift justice of a court removed far above local
jealousies or local fears led men to speak of " riot and route and
weapons invasive " with great alacrity.2
Rioting had long been an offence recognised by common law
and statute,3 but the law had been flagrantly disobeyed. The
1 Burn, op. at., 24, 25 ; Add. MSS. 32117. D.
2 Suits in which the allegation of rioting either does not appear or is
very obviously dragged in are those of Heith v. Speke, Welles v. Doble,
Browne v. Richeman, Croke v. Bycombe, Bradley v. Eyssham.
3 2 Edw. III., cap. 3 ; 2 Ric. II., st. i., cap. 6 ; 13 Hen. IV., cap. 7 ;
2 Hen. V., st. i, cap. 8, 9 ; 8 Hen. VI., cap. 14 ; Rot. Parl., vi, 198 ; Lans-
downe MS. 83, art. 72. Even after the Star Chamber was reorganized tl
was need of further legislation. See n Hen. VII., cap. 3, cap. ^.
22 Jhttrotmctton.
evil example of royalty and the nobility had been imitated on all
sides. Owing to the weakness of the central government in the
fifteenth century, habits of lawlessness had been unchecked, and
however peacefully inclined the people generally may have been,
they were at the mercy of the turbulent spirits who found that
violence brought no punishment. The north of England was a
by-word for disorder, but the Paston Letters show how generally
prevalent the evil was. The accession of Henry VII. and the
" sharp justice " of the Star Chamber at last checked a practice
which had become a danger to the central government. The
Court found plenty of work to do in Somerset. It is clear that
brawling was very common, and serious rioting by no means
rare. The carrying of arms was an offence at law,1 but in
practice the law was systematically ignored. Men wore weapons
at their work and used them on slight provocation. Armour
was not infrequently worn. We read of many Somerset men
who wore harness, coats-of-mail, breast-plates and backs, and
helmets. The weapons mentioned in the cases include swords
and bucklers, bows and arrows, halberds and axes, pikes, daggers,
bills and staves, " battes," hand guns, and an otter spear.
Such elaborate preparations imply premeditation, but those
who found themselves without any orthodox weapons gave a
very good account of themselves with picks and shovels. The
Richards family of Martock who came out arrayed in breast-
plates and armed with bows and arrows soon cast the latter
away " and fell to theyre corne pykes." 2 On another occasion a
man did considerable execution with a " fire scrape." 3
One of the most warlike scenes took place in Wedmore, when
some sixty of the men of the Dean of Wells came in battle array
to resist the men of the Abbot of Glastonbury. They rang the
bells of Wedmore church, and proclaimed inside the church that
if the Abbot's men again broke down the bank that had been
the cause of the dispute " they should be betyn and slayne and
fryed in their own grese in their own houses." Their deeds did
not go to the length suggested by these alarming threats, but
they beat the constable and the tithing man of North Load " so
1 2 Edw. III., cap. 3; 20 Rich. II., cap. n.
z See p. 283.
3 See p. 103.
Jfntrotouctum.
that they were in Juperdie of their lives." l Many illustrations of
rioting of this kind could be given.
Violence arising out of a family quarrel is the theme of the
suit Cappis v. Cappis. We are told of the attack made on his
step-mother by Robert Cappis, " a person of most ragyous and
wilfull condicion," accompanied by three armed men, one of
whom came "with a vyzar by cause he woulde not be knowyn."
Robert suddenly plucked out his sword and threatened to run
his step-mother through : " Ah, thow step-dame by goddcs
blodde y care not thought I thrust my swerde thorowe the ! " but
was restrained by one of his companions. The step-mother, it
is said, was in such dread and agony of mind that she fell ill,
and as long as she lived would be the worse for his " ragious "
demeanour.2
The scene in Minehead church over a disputed pew came
very near to being a riot. Giles Doble put his wife to sit in a
certain pew, in the seat next to the door, and when she refused to
let the other man who claimed the seat pass he had to " lepe over
the sayde pewe " in order to get out. Next time when she clung to
the pew and refused to let him pass, he "yn sober manner lawsyd
her arms," and put her out of the pew, whereupon the lady
"wythe owpen mowthe gave him . . . manye unfyttynge
wordes." Her version of the story was that he put her out into
the aisle and so beat and illtreated her that she fell into such a
swoon or sickness that she was likely to have died. In the end
Doble's adversaries broke the pew down ; alleging they were
driven to do this " for quyeting of the parishe and to advoyde the
murder that was like to ensue."3
One more example of rioting in Somerset — this time of a
kind widespread in the years following the dissolution of the
monasteries and the suppression of chantries. On the plea that
it was a chantry, not a free chapel, some of the inhabitants of
Catcot acting for the grantee from the Court of Augmentations
there, carried off the bells, broke down the cage, plucked up and
destroyed the font, pulpit, and seats, and broke the windows.*
violent scenes in Bath arising from disputes between William
Crouch and the Prior will be noticed in another connection.
See pp. 56-62. \ See pp. 264-267.
See pp. 121-125. * See pp. 286-293.
24 fetrotfuctton.
In all these cases the rioting came before the Star Chamber
as the result of a bill of complaint put in by the aggrieved party,
but an Act of 1495 gave the justices of the peace power to act on
private information without indictment by a jury. A riot of
more than forty persons, or a riot considered by the justices to
be " hainous," was to be certified by them to the Council.1
Much of the prevalent social disorganization was due to
the custom of livery and maintenance ; nobles and gentlemen
surrounded themselves by bands of followers, who wore their
liveries, fought in their quarrels, and terrorized their weaker
neighbours. The custom of giving liveries had attracted the
hostile attention of many Parliaments. Successive acts passed in
the reigns of Richard II., Henry IV. and Edward IV. had
prohibited under heavy penalties the giving or wearing of liveries,
by prelates as well as laymen, and forbidden the practice of
"retaining" men by oath and indenture, which was an attempt to
obtain the service of sworn-followers while evading the laws
against liveries.2 Yet all these laws had been disobeyed. Even
the fact that an informer could claim half the fine did not tempt
men in those violent days to brave the anger of a powerful
neighbour. In vain the Commons, in 1472 and 1482, petitioned
for the enforcement of these salutary laws,3 in vain Henry VII.
forced the Lords and Commons of his first Parliament to take a
solemn oath against the practice.4 It remained as prevalent as
ever, the fact being that the justices of the peace before whom
the information against retaining had to be laid sympathized
with the offenders and shared the same habits.5 Henry VII.,
however, had made up his mind to be obeyed, and the develop-
ment of the powerful machinery of the Star Chamber was the
first really effective measure.6
1 ii Hen. VII., cap. 3, cap. 7.
2 20 Ric. II., cap. 2; i Hen. IV., cap. 7; 7 Hen. IV., cap. 14; 13
Hen. IV., cap. 3 ; 8 Hen. VI., cap. 4 ; 8 Edw. IV., cap. 2.
3 Rot. ParL, vi, 8.
4 Ibid,, vi, 198.
6 Many of the county magnates who held office of one kind or another
under the Crown gave liveries on the plea that they were royal officials,
and a special Act had to be passed to restrain them. 3 Hen. VII., cap. 12.
0 Another general Act against livery and maintenance was passed in
1504. 19 Hen. VII., cap. 14.
The prevalence of the evil is illustrated by many of these
cases. At the very outset we meet with the Prior of Bath
commonly riding with " eighteen horses or thereabout and his
servants all in one livery or clothing," but this is not used as a
ground of action against him, and is only introduced incidentally
to prove that he had exaggerated the poverty of the house after
the late Prior's depredations, perhaps with a shrewd suspicion
that such evidence would prejudice the lords of the Star Chamber
against him.1
In 1533 we hear of the Prior's successor attended by fifteen
or sixteen servants, " som afore him and som behind him wayting
upon hym."3 That this retinue was not for mere show we know
from the complaints that were made of the Prior's servants
preventing an officer from serving a sub pcena upon their master
threatening that "they wold cutt off bothe his eyres." But this
was only a mild manifestation of the power of the Prior over his
men. On a later occasion some sixty of his servants and tenants
laid siege to a house in Bath which sheltered a man with whom
their master had a quarrel, the Prior rewarding them for their
prowess by sending them 40^. " to make merye withal." A few
days later some twenty of the Prior's servants, all armed with
various weapons, lay in wait for their master's enemy half a mile
out of Bath, seized him, had him set in the stocks with iron
fetters on his legs and kept him there for three days and nights,
a butt for the insults of the Prior's servants. Bath must have
been an awkward place for anyone who offended the Prior to
live in. The very bailiffs who arrested his servant Horner had to
flee for their lives before an armed force of some sixty of his
servants and tenants, who then besieged the house where they
had taken refuge, attacking it with hatchets and axes anc
fusillade of arrows and calling for fire to burn it. When 1
had reached such a pitch as this, there is no wonder that 1
plaintiffs complained that, owing to the "bearing and mai
ance " of the Prior's friends in the county, and the f
servants were " knytt together in confederacy and
they could get no justice.
An unbiassed observer, reading the answers to these c
and the depositions of witnesses, cannot fail to s
i see p. 49. 2 See pp. 131, W "I*
26
allegations against the Prior and his servants were well founded,
though many witnesses deposed that the Prior himself was " a
good religious man in his living and conversation." At the same
time the counter charges that the plaintiff was a common quarreller
and maintainer of thieves and vagabonds, were supported by the
evidence of many citizens.1 The record of the misdeeds of this
man, one William Crouch by name, is an example of the disorder
that could be caused by the influence of a man in a much lower
station than the Prior's. Crouch was certainly a formidable
adversary. He seems to have terrified the Prior into believing
that he would not be allowed to keep St. John's Hospital annexed
to his priory in spite of the Bishop's licence, and thus he obtained
the mastership of it for his kinsman. Again, he did not scruple to
lay complaints to the King's Council against the Prior, whom he
summoned twice before the Star Chamber. His exact position
in Bath is difficult to determine. He had at one time been a
servant of the Prior's with a yearly fee of 2Os. and 13^. ^d,
for his livery, but by the time of these suits had gone far beyond
that. He was rector of Inglishcombe and Castle Gary, and
seems to have gained strange influence in the city of Bath. A
prominent clothier, who employed three hundred people in his
trade and was Mayor of the city, was so terrified because Crouch
threatened legal proceedings against him for using the King's
seal of the aulnage and because he called him " cankerd churl and
knave," that he dared no longer dwell in Bath, and migrated to
Bristol. This strange story had its counterpart in the following
year when another ex- May or and clothier fled from Bath to Salis-
bury for fear of Crouch and his adherents '! to his utter undoing for
ever." The secret of the sway he exercised in Bath does not
appear. There must have been some other source of his power
than the fact that he was followed by six or eight armed men
"of ill name and fame." They seem to have been a rascally
crew ready with furious words followed up by blows. One old
man of seventy- two, an alderman and ex-Mayor, was so frightened
of Crouch and his men that he dared not go outside the city to
see to his sheep farms, his only hope being that God would " putt
itt in the king is counsaill is myndes to drive the said Crouche
and his adherentes owt of the said countreye," Some of the
1 See pp. 145-149.
fintrotouctt'on. 27
witnesses told a dark story to the effect that Crouch had caused
the death of one William Skidmore who had a life interest in
Wellow parsonage, the reversion of which he had bought. It
was alleged that he had bribed Skidmore's doctor to poison him,
promising him £6 i$s. 4^. for his labour, "and a nagge to carry
him out of the countre," but the story as told by the deponents
hardly carries conviction.
By the end of the reign of Henry VII. heavy Star Chamber
fines had made men chary of keeping liveried retainers in defiance
of the law.1 The bulk of the later cases deal not with the open
violence committed by the sworn followers of great men in
obedience to their master's orders, but with a less crude form
of bullying. Men who were wealthy and powerful could find
many ways of tyrannizing over their neighbours, though their
followers no longer wore their liveries or shouted their war-cry.
The difficulty of obtaining justice in such cases led men to
bring their woes before the Star Chamber. Thus Sir William
Courtenay, as a man of " grete substance of lond and goodcs
and also of grete myght and power," was brought before the
Court by the plaintiff who was "but a younger broder," with
only the disputed property to live on.2
The Abbot of Cleeve was also accused in similar terms, and his
tenants in Treborough and Luxborough were described as being
instigated to a riot " by maintenance and great supportation " of
the Abbot. It is only fair to say, however, that the evidence of
maintenance seems conspicuous by its absence, unless
permissible to glean it from the next suit in which I
asserts that the Abbot's men. constantly threatened him and 1
servants with violence so that they dared not go to t
market town.3 With the allegations brought against
Rodney we reach the class of case that the Star <
procedure was specially designed to meet. He seems
been overbearing as a lord of the manor and unplca-
neighbour. It was alleged that he forced his tenants
his ploughing, and to carry the wood, timber anc
• Noblemen were of course allowed to have their household sen-ants in
livery.
2 See p. 52.
3 See p. 69.
28 Jhttrottttctton.
required for his building operations, not only without payment
but even without an allowance of food and drink, by sheer
weight of terror, threatening to " hang bete and mayhem them."
He took his tenants' horses and mares without leave or
licence and overworked them so shamefully that he sent them
home only to die or too worn out to do any more work. His
red deer lay daily and nightly on their corn, and for fear of their
lives his tenants dared not drive them away. They were even
forbidden to keep dogs to protect their crops, and their
" litle houndes " were killed by Sir John's orders. It was also
alleged that he got hold of their " writtingis," their copies of court
rolls and returned them " rased," that he took fines for leases
which he then refused to grant, besides distressing his tenants
with enclosures.1 It is no wonder, then, that the harassed tenants
prayed the Star Chamber to take surety from Sir John for his
" good aberyng." They estimated the loss they had sustained at
500 marks, and urged that sooner than endure their present
sufferings they would throw up their holdings and go begging for
their living. Sir John's answer cannot be said to be very
convincing. He denied most of the charges brought against
him, alleging that his tenants had helped him with their ploughs,
etc., " of their good mind and free will," that he had recompensed
them for the labour of their cattle, and so forth.3 His grandson
and successor, another John Rodney, seems to have been of a
similar temper, and was accused of having stirred up rioters to
evict a man from his holding.3
The allegation of maintenance against the Abbot of Athelney
as to 40 rioters who broke down a defensive wall in Saltmore
seems purely formal ; it seems to have been concerted action by
the tenants to protect their lands.4 The power of the next
defendants, described as "gret men and gretly alyed," two
Tredennicks, Geoffrey Arundel and others, does not seem to have
been very overwhelming, judging from the obscure part they
played in county history, but to the plaintiffs, who lived in
Cornwall two hundred miles away, and were of great age and
sickly, they may have seemed formidable enough to warrant an
appeal to the Star Chamber.5
1 See below, pp. 72-81. 2 See pp. 78-79. 3 See pp. 198-200.
4 See pp. 170-174. 5 See pp. 188-190.
fotrotmrn'on.
A riot in Martock was alleged to be due to the maintenance
of Thomas Phelipps of Montacute, though if we accept his own
account of it no one could have given more peaceful counsel
than he did : " Better it is to suffer wrong than to do wrong ; the
more wrong you sustain the more pitiful will your complaint
be," but the result of his advice seems to have been a fray with
hand to hand fighting.1
Another type of " maintainer " was William Hartgill of
Kilmington. He harboured a desperado who had been out-
lawed years before, connived at his thefts of cattle and shared in
the proceeds. Hartgill was a very unruly person. He constantly
hunted with ban dogs in the royal forest of Selwood, and boasted
that he had had a cart load of wild boars out of the forest in a
single year, while one of his servants, in the same vein, boasted
that his master had in his tubs, vats, and stands more brawn than
the three next parishes could eat at one meal. He supported
the outlaw in spite of the complaints of all his neighbours, and
punished them for laying information against him, by maiming
their cattle and getting them set in the stocks. His sons and
servants were of the same violent temper, constantly drawing
their swords on their neighbours and successful in rescuing
criminals from justice.2
William Carent was another of the landowners who intimi-
dated his neighbours ; he was able to send eleven men to
execute his "malycyus and ryottose commaund." The plaintiff
complained that William Carent the younger was "a man of
grett power and well kyned alyed and frended— having many
lyght persons aboute hym att all tymes to fulfyll his balcfull
purpose and commandementes."3 Many years later we find him
accused of stirring up 60 riotous persons to rescue goods
distrained.4 The next to be accused of maintenance i
Lord Daubeney. From what we know of his position at Court i
is not surprising to find a plaintiff alleging that certain I
yeomen acted by his order in attacking one Henry
Haselborough, a man " feble, impotent and in gret age. B
such unequally matched opponents the interventK
Chamber was very necessary.6
' See p. 285. 2 See pp. 207-216. 3 See p. 86.
* See p. 192. fl See p. 109.
30 foitrottuctum.
Sylvester Sedborough, described by Mr. Chadwyck Healy as
" a fiery and litigious young man," was another of the men whose
unlawful bearing and maintenance were complained of. He
seems to have behaved in a very brutal, bullying way to a poor
widow — one Joan Soly — beating and ill-treating her till her
son-in-law remonstrated : " I mervaill whie ye handle and
intreate my mother after such faschion as ye doo, and also put
the child that she bearith in her armes in such feare."
Sedborough's only excuse was that she " pressed in upon him."1
These examples are sufficient to show how prevalent was the
evil, and how salutary the action of the Star Chamber.
A landlord could make his method of levying a distress an
oppression in itself, though it was a well known maxim that the
things taken by way of distress were to be returned in good
condition. Driving of cattle to a great distance was a common
form of oppression, and legislation had been directed against it
from the Statute of Marlborough (1267) onward, the slaughtering
or concealment of such distrained cattle being made felony in
The first example we meet of this kind of thing is not very
serious. - The plaintiff's plough oxen were maliciously, and
perhaps illegally, distrained, driven from Milborne Port to
Marnhull in Dorset, and sold there by order of the defendant.3
The conduct of Sylvester Sedborough, who caused the cattle of
his tenants to be seized and driven off to four separate pounds
thirty miles and more distant from the place where he took
them, was more serious. He calmly admitted that many were
" tired by the way," as to others he could not say where
they were, even when an injunction came down from the
Star Chamber that he should re-deliver them pending the trial.4
The method in which Anthony Stowell took a distress was even
more unreasonable ; he drove cattle and fat sheep twelve miles
along roads so deep in mire that many of the sheep died by the
road side and others after they reached the pound. He
gave no notice to the plaintiff of the whereabouts of the cattle,
and neglected to feed them sufficiently while in the pound, the
1 See p. 244. 2 28 Hen. VI., cap. 4.
3 See pp. 83-88. 4 See pp. 241, 243.
fntrotouctt'on. 31
result being that the plaintiff alleged that the sheep were
"utterly perished," and the cattle " moche empared."1 Over-
bearing conduct of this kind called for further legislation and in
!555> probably very shortly after the case noticed here, an Act
was passed which forbade the driving of cattle beyond the limits
of the hundred in which they were taken.2
The prosecution of jurors for giving untrue verdicts was one
of the matters specially assigned to the Star Chamber by the
Act of 1487. The corruption of the jury system was an open
scandal in the beginning of the reign of Henry VII., and in
a time of disorder when the securing of convictions was very
necessary in order to restore a proper reverence for the law, the
escape of guilty persons was a grave political danger. On the
one hand we have all the large class of cases in which the jury
were overawed by some great man, on the other, cases where
they gave wrong verdicts, without compulsion, by their own
perversity, or through sympathy with the accused. The common
law process was ineffective under it. The writ known as Attaint
was used against jurors who had given a false verdict, and the
original jury was tried by a second jury of twenty-four. At
first the decision that the jurors had given a false verdict meant
imprisonment and the forfeiture of their lands and goods,3 but
the penalty was so heavy that the Grand Jury constantly failed
to convict ; and a new Act was passed (n Henry VII., cap. 2)
which lowered the penalty to £20 from each juror in cases
above the value of £40, and to £5 each if below that value.
This Act, at first temporary, was continued by subsequent
legislation,4 and was the law at the period from which these
cases come.
In many cases, however, there was urgent necessity for ;
reinforcement of the ordinary process by the action of the Star
Chamber.
In the suit of Brown and Hales v. Richcman and otn
the offences for which the jury had failed to convict were
1 See pp. 267-73.
2 Leadam, op. tit., i, cxxxi.
» ; .9 Hen. VII, cap. 3, ; V Hen. VIII, cap.
* See pp. 251-260.
32 flntroifuctum.
first-rate importance, and though there is evidence of great laxity
on the part of the local officials — the constable of the hundred and
so on — there is not so much evidence that the jury corruptly
failed to convict. The jury were able to make out a very good
case for themselves, pointing out that they distrusted much of
the evidence given before them because the witnesses took upon
them more knowledge than they could possibly have had. They
pointed out, for instance, that two of the witnesses gave a graphic
description of the sensations of the man whose house was
burgled, how he came home at night and went into his house in
the dark "not mistrusting anything," how he found the
alleged burglar asleep on his bed " and therwith abasshed went
forthe agayn for company," but that neither of the two
witnesses knew anything about the affair until long after-
wards, when they were called to the house by the tithing man.
They also declared that they had been bound to reject even
the testimony of the two great men of the neighbourhood,
Mr. Mallet and Mr. Halswell, because it was hearsay evidence.
The case gives a very amusing account of the whole affair, and
of the very free and easy way in which the constable of the
hundred guarded his prisoner.
The other case in which a jury appears to have failed to give
a correct verdict, at all events at first, was much more serious —
the murder by Thomas Michell, of Cannington, of his wife,
Joan, and her sister, Eleanor, and his subsequent suicide.
There seems to have been something very like a conspiracy
on the part of all the officials, from the sheriff down to
the coroner, to prevent the jury from returning a verdict
of felo de se, which meant the forfeiture of all Michell's
goods and chattels to the King, whose almoner had the
disposal of them. The coroner and his officials certainly acted
irregularly, if not fraudulently. The coroner did not get to the
scene of the crime for three days, and then found that the under-
sheriff and the almoner's deputy were there before him. They,
however, had been forestalled by Sir Thomas Warre, and it was
alleged that he had taken possession of the goods, and ordered
the burial of the bodies without any inquest. The jury could
not at first agree upon their verdict, and the case was twice
postponed on various excuses, one day owing to the coroner's
Introduction. 33
illness, another day because certain of the jury were " watermen
and passyd in theyr viage," to the next assizes, when they returned
a verdict of suicide. Anyway, owing to all this bungling and
delay, the goods of the suicide, who was reputed to have been
very wealthy, were filched by one or other of the officials and
their friends. The under-sheriff was alleged to have driven off
a number of cattle to Bridgwater, others were said to have been
sold by Sir Thomas Warre, and sheep and swine, corn and
furniture had been got rid of in the same way. All the officials
accused one another. One or two admitted having bought goods
belonging to the deceased, but only things of suspiciously
trifling value, "a simple flocke bedd, a nolde carpett, and iij
cousshyns," and so forth. It was certainly a case for the
intervention of the Star Chamber, and it is some satisfaction
to know from the decree — which is one of the very few that have
been preserved — that the Court ordered full restitution of all the
goods with an inventory and detailed accounts.
With these cases we come to the end of the special offences
aimed at in the statute of 1487, but we are still only on the
threshold of the many other misdemeanours with which thi
Court later concerned itself. When, by its beneficent acti
riot and maintenance, the overawing and corruption of jui
had been almost completely stamped out, the Court
great powers to other diseases affecting the body politic. /
the old difficulties dropped out and new ones arose, the Lour
modified its composition and sphere of action, fitting it
new circumstances with an elasticity strangely contrast
the conservatism of the ordinary law courts. Gradi
acquired more work and wider powers, finding t
this extended action, not in any further endowment by
but in the large judicial powers which the Star Chamber ,
King's Council in its judicial capacity possessed by an
prescriptive right. Though a court of law the Star
was the offspring of the royal prerogative, and regardc
as endowed with some of the emergency power , k m
Tudor impatience of delay, and appreciation of an apt. ns
of despotism helped to swell the business of tt : Court.
Already before the end of the reign of Henry VI I L the bta
Chamber took cognizance of cases of murder, rot ry, pei
34
debt, seduction, and abduction, libel against the government,
slander, offences against proclamations, and the enclosure of
common lands. Its supervision of gilds and municipalities was
an accomplished fact, and its control of the press was fore-
shadowed.1 Some of these developments of the action of the
Court are illustrated here, others are not.
The enclosure difficulty which became prominent in the
reign of Henry VIII. was, as is well known, caused largely by the
conversion of arable land into pasture by landowners who hoped
to share in the prosperity of the wool trade. Some enclosures
were made for the purpose of adding land to parks, and a few
took the form of the enclosure of arable land, hitherto lying open
and cultivated on the strip system, for the purpose of improved
farming. The cases of enclosure dealt with in this volume
cannot be classified. The most important one, in which Sir John
Rodney was the defendant, touches on several kinds of enclosure,
Sir John having added part of the common pasture to his park,
and also enclosed 200 acres from the royal forest of Mendip.
The allusions to the pulling down of tenements and so on
suggest enclosure for the purpose of sheep farming. Sir John's
defence was that it was lawful for him as lord of the manor to
" emprowe himself in his own ground " provided he left enough
common for his tenants.2
We have only one example of the cases of slander which
afterwards took up much of the time of the Court. Actions for
slander could be brought in the local courts, or, in cases where the
alleged slander took a " spiritual " form (i.e., the calling a man
heretic, schismatic, or adulterer), the cause came within the scope
of the ecclesiastical courts.3 The Council had statutory authority
to consider cases de Scandalis Magnatum^ and if a man slan-
dered a prelate, duke, earl, or great noble he might expect to be
haled before the Star Chamber, but it was a very liberal inter-
1 See List of Star Chamber Proceedings, Record Office, vol. i ; C. L.
Scofield, op. tit., pp. 29-37 ; Lansdowne MSS., No. 1576, art. 7 ; No. 2217,
art. 57 ; No. 6265, art. 19, 20.
2 See p. 76. Other cases are those of Catcotte v. Welssh (pp. 186-8),
and Bole v. Caraunte, 83-8.
3 Cowell, Interpreter.
4 2 Ric. II., cap. 5 ; 12 Ric. II., cap. n.
introduction. 35
pretation of the sphere of the Court to extend its authority
to the slander of a private individual. The slander alleged in
this Somerset case was against a parson, and the quarrel seems
to have arisen through his constancy to the pre-Reformation
settlement.1 Accusations of slander, perjury, heresy, and treason
were bandied about on both sides, and the case is a good
illustration of the appearance of the political activity of the Star
Chamber which attained such rank growth later. The parson
had been accused of uttering words " soundyng to treson." He
had been brought before the Council of the West, and the Court
of the bishop at Wells, where he was acquitted, and finally
before the Star Chamber, where he obtained the King's pardon.
A renewed dispute was submitted to the decision of com-
missioners.
A large number of the cases have churchmen either for
plaintiffs or defendants. Of them all, the three suits that concern
Bath Priory are the most interesting. The first gives a picture
of that famous house at the end of the fifteenth century, which
is specially valuable owing to the scantiness of our knowledge
of the Priory at that date.3 Prior John Dunster, of whom we are
told so much, is little more than a name to historians of the
house he ruled.3
The state of affairs as revealed by this suit is familiar enough
in religious houses at the end of the fifteenth century, the e
complained of being secularization and bad finance rather than
immorality. John Dunster's motto all through his career at
Bath seems to have been to snatch at any possible means <
raising money without regarding the burdens he was laying on
the house for the future. There is the usual story of
grants of pensions and corrodies at extravagant rates, c
borrowing sums of money for which he mortgaged the
manors, of releasing rents due to the Priory in return for a lu
sum down, which he converted to his own use and of
the manors of stock. But we find that he did not stop J
and he was accused of "great, unreasonable, an
1 See p. 230-39.
' f^Zat' Chart. (Somers. Rec. Soc.), Introduction ; Warner, Bath;
Somers. Relig. Houses (V.C.H., Somers., ik>
36 JhUroKuction.
. . . . wilfull damage," of having carried off a quantity of
plate and other goods with him to Canterbury, to make a good
impression in his new office, promising " on his presthode " to
restore them. In addition to valuables he actually took away
the furnace oven from the brewhouse and left the monks with only
enough provisions for a fortnight, and burdened with a crop of
his unpaid debts.
The result of the suit is not known. John Dunster lived in
peace at Canterbury until his death. Perhaps the Star Chamber,
alarmed by the skilful hint that his successor rode abroad in great
state, followed by men of his livery, did not believe much in
the latter's story of " grevous poverty." Cauntlowe himself, the
plaintiff in this suit, soon got into trouble himself for neglecting
the Priory church.1 Some forty years later we get another
glimpse of Bath Priory — on the eve of the Dissolution — but this
time we hear more of a feud between Prior William Holleway and
William Crouch2 than of the affairs of the Priory. Incidentally
we get the only notice of town life that appears in this collection
— a few slight references to the town officials and to the cloth
trade. The Prior's accounts of tenements unlet and decayed in
the very heart of the city suggest that Bath was not entirely
prosperous, and there were no doubt other reasons for the
migration of prominent clothiers to Salisbury and Bristol than
Crouch's baleful activity, which is suggested as the cause.3
It is very unfortunate that our cases do not give us a single
example of the action of the Star Chamber in the regulation of
town gilds, of municipal elections and bye-laws, and of its
control of trade disputes, weights and measures, and the coinage.4
Other collections give a fair number of illustrations of this
part of the work of the Court, by means of which the Tudors
brought the local authorities directly under the control of the
Crown.5
Several suits in this volume deal with the unlawful hunting of
1 See below, p. 39, n. i.
2 See above, p. 26.
3 See pp. 145, 146.
4 See Liber Intrationum (Harg. MS. 212) ; Harl. MS., 305, art. 2 ; Add.
MS., 4521, art. 9 ; Scofield, op. cit., pp. 18, 19, 50.
5 See Star Chamber Cases (Selden Society), i, ii.
Jfntrottuctum. 37
the deer in private parks. In one case the marauders hunted by
night in direct defiance of the Act of Henry VII., and not only
shot deer with arrows, but trapped them with nets in a most
unsportsmanlike way. They succeeded in killing twenty deer,
and set their heads on the park palings in defiance of the bishop.1
Cases in which contempt of court was alleged are numerous.
Among the Courts thus disrespectfully treated were the Arch-
bishop's Court of Audience, the Court of Common Pleas, the
Assize Courts, and the Court of Chancery.2 Several times there
was open defiance of the sheriff's authority. Contempt of a
Star Chamber decree was rare, but we hear on one occasion of
a rabble of about a hundred persons resisting a sheriff who came
to execute a decree of that Court3 In extenuation of their
conduct they declared that they thought it a " forged writing "
because it had no seal.
Among the miscellaneous matters on which the suits give us
information are the manorial customs relating to copyhold
tenure and the taking of waifs and strays, the payment of rent
in grain, disputes over rights of way, and the duty of keeping
watch and ward on the sea coast.
The cases in this volume reveal the action of the Court at i
most useful period, but they leave untouched many of the matters
which occupied it at the zenith of its power and unpopularity. As
England became peaceful and settled, and the excuse for harsh
measures disappeared, the Star Chamber became ever more
active, more tyrannical, and more hateful. Its control of I
press, its activity in scenting out seditious libel and pumsl
barbarously, the penalties it imposed for breaches of the multi-
tudinous Stuart proclamations, added to its vast powers,
gathered to itself an inquisitorial power over men's private
which was deeply resented. Its action became political r
than judicial, and its powers were used with merciless ^ bigot
for the persecution of political opponents. Thus when the (
of Star Chamber was abolished by the Long Parliament in 6
left an evil reputation which long biassed any enquiry 11
oweWmanpp. ^ See also pp. 86, '3',
3 See p. 1 1 5. Another case of contempt of a Star
of Doble v. Foxe, p. 186.
STAR CHAMBER CASES.
1485-1547.
Prior of Bath u. Abbot of St. Augustine's, Canterbury.
HENRY VIII., BUNDLE 24, No. 396. DATE: I483-7.1
To the king oure souereign lord.
Shewith vnto youre Highnes and the lordes of youre moost
honourable coimsell your contynuall Oratour Thabbot of the
monastery of Seynt Austyn2 in the Countie of Kent that where
1 The documents filed in this case cover a considerable period. The
schedule of the Prior's misdeeds is dated I4th February, 1483-4, and the
original petition of John Cauntlow must have been addressed to the Council
before it obtained the special powers given to it by Henry VII. in the Act of
1487. The answer of the abbot of St. Augustine's, which is in the form of a
petition, appears to refer to the Act of Henry VII., and to have been drawn
up in 1487. Star Chamber Cases (Selden Soc.), ed. Leadam, Intro., vol. i,
Ixxix.
2 John Dunster, formerly Prior of Bath. The dates during which he held
office at Bath are not quite clear. Dugdale in the Monasticon and Mr. Hunt
the editor of the Bath Chartidary (S.R.S.)do not mention any name between
that of Richard who was Prior in 1476 and that of John Cauntlowe, Prior
from 1488 to 1499. (Dugdale, Monasticon, ii, 64, 256; Chart, of Bath
Priory (S.R.S.), Intro., Ixvii.) This John Dunster came between. He is
mentioned as Prior of Bath in 1481 and 1482 (Cal. of Pat. R., 1476-85,
pp. 278, 310), and was transferred to Canterbury before July, 1482, and
later in that year we have Peter, Prior of Bath, mentioned. (Ibid., p. 571.)
Dugdale's date for John Cauntlowe appears from this suit to be wrong, as
John Cauntlowe was already Prior in February, 1483-4. The "Peter"
whose name is found in the Patent Rolls has not been met with elsewhere,
and his rule at Bath must have been very short. John Dunster was Abbot
of St. Augustine's till his death in 1497. (Dugdale, Monasticon, i, 123.) John
Dunster's mother was apparently the Alice Slougge who is mentioned below
(p. 46), and it is suggested that he may have taken the name Dunster from
the place of his birth. Leadam, loc. cit. , p. 20, n. 2.
Chamber Caat*. 39
of late a grevous sclaunderouse vntrue fayned and surmysed bill
of compleynt hath bene and yit is pursuyd ayenst youre saide
Oratour before the lordes of youre moost honourable counsell by
one John Cauntlowe1 prior of the Cathedrall Churche of Bathe
to the greate grevouse and Importunable charge costes and lossis
of youre saide Oratour And for the insufficiente and vncerteynte
of the vvhiche bill youre saide Oratour ought not to be put to
aunswere nevertheless youre saide Oratour saith that by a Statut
made in the tyme of King Edward the thurde thexlij ycre of his
Reygne- it was actid and ordeynyd by the same Statut that no
maner of person shuld be put to aunswere without it were apon a
due presentment afore his Justices or ellys by mater of record or
else by a originall writ accordyng to the auncien lawe of the land
as more playnly apperith by the same estatut And forasmuch as
the saide bill of compleynt of the saide prior of Bathe implyeth
no presentment takyn afore noone of the Kinge's justices nor is
mater of record ner due originall writ your saide Oratour askyth
jugement if he ought to be put to aunswere contrarie to the
fourme of the saide estatut And ouer this saith that in youre
last parliament holden at Westminster it was agreed concludyd
and affermyd by youre grace and the lordes of your moost
honourable counsell in the same present parliament asscmblyd
That from thensforth no maner a persone nor persons shulde
1 Prior of Bath from 1483-4 to 1499- Though he built a manor house at
St. Catherine's, and a chapel at Holway with a small hospital for lunati
it, he seems to have neglected the Priory church, and "great rum ami «
owing to the carelessness of many Priors" was reported by C
then Bishop of Bath and Wells, at a visitation held by _ him jusi
Cauntlowe's death in 1499. The Bishop complained that ,
discipline, feasting and idleness, and directed that £300 yearly c
income of £480 should be set' aside for the rebuilding of the i convent
church. For accounts of Bath Priory see the introduction to the C
Bath (S.R.S.); Victoria County History, Somerse / ii, 69-81 5 I
Monasticon,\\, 256-270 ; J. Britton, History of Rath Abbey.
* Stat. 42 Edw. III., cap. 3 ! Rot. Part., iv, 156. By this Act.
already provided for in the ordinary courts. See
Intro.. Ixxix-lxxxi.
40 £tar Cijamfctr Cast*!.
not be grevid nor vexid upon any privy Scale to be suyd by
reason of any compleynt theruppon made without so were the
mater therin conteynid concernyd a great cause of Ryot forcible
entre vnlaufull and riotouse assemblees or ellys great and
grevouse pouertee concernyng eyther of the parties that so sayth
or compleyneth.1 Wherfor your seid Oratour praieth that foras-
muche as the saide bill of compleyns comprehendeth no Ryot
nor vnlaufull assembe3 and youre said Oratour & the saide prior
be persons ablee and sufficient to suye for their remedy by the
lawes of youre land for all iniuries & wrong to theym commytted
& doone that youre saide Oratoure may be dismissid oute of this
Court with his resonable costes and damages for his wrongfull
vexacion susteyned in this behalf.
Indorsed : Responsio abbates sancti Augustini Cantuariensis
etc ad billam Prioris Bathoniensis.
The declaration [of the] matere in variaunce betweyne the
abbot of the monastere of seynt Augustyn of Caunterbury and
the prior of Bath.
The [seid Prior] sayith that his bille is gode true sufficient &
certain to put the seid Abbot . . .3 Whereas the seid Abbot
alleygeth that the same prior owght [to] sue in ... of the
mater and charges comprysyd in his seid bill the same Prior is
. . . said priorie beth in grete pouertie for . . . manye
causes whe . . . soden ruyn of the most of the church of the
seid Priorye the charges and costes of repare . . . seid . . .
place. And othere greate vrgent & inevitable cause of the same
pouertye is the grete vnreasonable and gruggful . . . wilfull
damage done by ... of ... hereditamentes juelles
goodes and catalles of the same pryorye done & commytted
vnfatherly to the same place by the seid ... as appereth by
1 This must refer to the Act/r<? camera stellata (3 Hen. VII., cap. i), but
the wording is confused and inaccurate. " Great and grevouse pouertee," for
instance, is not mentioned in the Act. It has been suggested (Leadam, op.
«'/., p. 21, n.) that the petition was drawn by a draftsman without having
the Act before him, probably before it was printed.
2 Sic.
3 The parchment containing the Prior's replication is in a bad state,
injured by damp, and torn.
&>tar Chamber Caata. 41
the articles & matere ensuynge redy to be proved emonges
dyuers othere grete inconveyent A ... to the hurt and
ympouerysshyng of ... Fyrst the same Abbot beynge
then Prior of the seid Priorye causyd a yerely rent of ix marcs
parcell of the heritaunce of the seid Priorye due therto by the
maire and com[monalty] of the town of Plymouth1 to be relessyd
& dischargyd forever to the grete hurt & disheritaunce of the same
howse & the same abbot receyued therfore c & viij //. Whiche
[he t]oke with hym & conuertyd to his proper vse & to thevse
of the seid abbathic wherof he is nowe abbot Also the seid
abbot then beyng Pryor of the seid Pryorye caused the [sa]me
Pryorye & thenheritmentes therof to bechargyd perpetuelly with
one yerely rent of xb. grauntyd in his tyme to one Johane at
Welle2 & to her heires & assignes & ressayvid [the]rfore of her
c li, which he toke to his propre vse & to the vse of his abbathie
& also causyd the same pryory to be chargyd perpetuelly with
an other annuel rent of [vi li.} to Thomas more of Cheldre8 in fee
symple & receyved therefore [ccc] marcs which he toke &
conuertyd to his propre vse & to the vse of his seid abbathye.
Also he causyd the same priorye to be charged in his tyme
perpetuelly with an other annuel rent of x //. grauntyd to John
Twyneo4 in fee symple & receyved cccc marcs [which] he in
lyke wyse applied to his propre vse and to the vse of his seid
abbathye Moreouer the seid abbot beynge pryor of the seid
priorie receyved of diuers other persons for ... of yerely
rentes corodyes pensyons & fees & morgages of londes to theym
made in his tyme for terme of their lyves & for discharges &
releeses of the rightes & possessions & sale of ymplemente
the same priorie and for manumyssions & fynes in his tyme made
> The rights of the Priory of Bath in Plymouth were commuted in 1440
for an annual fee farm rent of 10 marks, which was probably redu<
sum of 9 marks about twenty years later, when another fee farm ren
by the town was reduced. R. N. Worth, History of Plymouth, p. i o.
- The will of Joan Atwell, widow of Richard Atwell of G last on
(who died in 1475), was proved in 1485. Somerset Medieval I
ReC* The'wnP'of Thomas More of Cheddar, proved in 1493, is printed in
Somerset Medieval Wills (Somers. Rec. Soc., xvi), p. 3°4-
* The will of John Twynyho of Cirencester (co. Glouc,
in 1488. Smith, Wills, ii, 537-
42 J!?iar Chamber
& grauntyd as appeareth by a scedule thervnto annexyd amount-
ynge to the some of vjclxvij li. xijj. i\\}d. to the extreme
ympouerysshynge of the same Priorye And furthermore the seid
abbot beynge Pryor of the seid Priorye gretly mynysshed the
Store of the mansion & possession of the same Pryorye to
the grete disperses1 damage & ympoverysshynge therof And
also in his tyme & at the time of his departynge the same
Priorye was indettyd in viijxx & xj li. & the same abbot toke and
conueyed with hym the juels plate siluer vessels goodes and
catalles specified in the bille of the seid Prior with dyuers other
goodes & ymplementes of the goodes of the same Priorye which
beth not conuenyent to be expressyd in this high court levying
in the same place no some of money ne other stuff necessarye to
the sustenaunce & mayntenaunce therof as in mete and drynke
to find theym by the space of a fourtnyght but of his gredy
couetous2 havynge special mynde to depart therfro toke all that
he myght of the same place to the vttur ympouerysshynge
therof. And moreouer the seid abbot the day of his departynge
from the seid Priorye havynge in his possession the juels plate
siluer vessell & goodes of the same Priorye specified in the same
bille the couent3 of the same Priorye beynge bifore hym made to
hym request to haue deliuery to theym of the same juels plate
siluer vesell and goodes the same abbot then & theire esspecially
desyred and requyred the same couent by verrey subtile and
crafty meanes that he myght haue the occupacion of the same
juels plate siluer vessell & goodes for a certen season to be in his
rewle & tobe brought with hym to the seid abbey of seynt
Augustyns & therby he shuld haue the grettere love of the
couent of the same place of seynt Augustynes & it were grete
reproch to the same Priorye he to departe so pore from thens
not havynge eny substaunce with hym & thervppon he leynge
his hand vppon his brest made there a solempne oth & promyse
vppon his presthode to the same couent to restore ageyn to
theym the seid juels plate siluer vessell & goodes in as goode
and better value & condicion than he receyued theym. Morouer
1 /.£., dispersals.
2 I.e., covetise, an early form of covetousness. — Murray, Dictionary.
* The early form of convent, in use till the seventeenth century. — Murray
Dictionary
Chamber Ca$tjj.
the seid Prior seith that the seid abbot hath by his writynge
made with his owne hande grauntyd to restore ayen the seid
siluer vessel Chalesse pax & half cruettes of siluer in more and
bettere value than he hadde theym Neuerthelesse the same
abbot to thentent to coloure therby more couertly his seid grete
wronges hath made a bille to the kynge cure soueraign lord &
rehersynge therin in a generaltye the compleynt of the seid Prior
praynge for so moch as there is no matere by presentement ne
mater of record due originall by the cours of the law riot riotous
assemble ne forcibly entre comprysed in the bille of the seid
Prior that therefore the same abbot myght be dysmyssyd out of
this Court accordynge to the ordynaunces of certin statutes
in that behalf ordeynyd the which bille of the same abbot is
made in fourme of peticon & not by eny fourme of answar to the
bille of the seid Prior only of subtiltie & craft by cause the same
abbot wold not be sworne vppon eny answer by hym tobe made
diretly to the bille of the same Prior ne yef eny answer direct
therunto which is a right ieopardous president tobe begon of
newe And by the causes and consideracons alleggyd herin it
may be by the consideracion of this high Court pleynly acceptyd
and adiugyd grete pouertie tobe in the seid howse of Bath All
which maters the seid Prior is redy to prove as this Court wille
awarde And for asmoch as the seid abbot in his bille & answer
hath not denyed the hauynge of the seid juels plate siluer
vessell & goodes spec-fled in the seid bille of the seid Prior &
other iniuries conteynyd in the seid bille therefore the same
Prior praeth that by iugement of this high Court the same abbot
may be adiugged othere to yeld to the same Prior the juelles
plate siluer vessell and godes specified in his seid bille & to make
such ferthere restitucion & recompense to the same Prior & his
howse of Bath of the premysses as accordeth with right and £
conscience orelles to make ferthere pleyn & direct answer asv
to the mater specified in this replicacion & therevppon t
examyned by his othe as he shuld haue be vppon a pleyn
answare made to the matere of the bille of the same Prior.
Indorsed: Prior Bathoniensis contra abbatem sancti
Augustini Cantuariensis.
44 Star Cfjambn-
A schedule, in Latin, of the misdeeds of the late prior follows,
which is here translated.
To all the sons of holy mother church to whom these present
writings shall come.
John Cantelowe, prior of the priory of the cathedral church
of Bath and the chapter of the same place, perpetual greeting in
all safety. We have brought to the notice of you all by these
present writings that one father Sir1 John Dunster, Abbot of the
monastery of St. Augustine by Canterbury, lately prior of the
priory of this church of Bath, during the time when he was prior
damaged, detained, dilapidated and wasted the rents and profits
and alienated other goods of the said priory and also greatly
deteriorated the said priory by debts, pensions and corrodies
and burdened it by grants to servants and officers and in other
ways as follows :
In primis he released an annual rent of 9 marks payable
to the prior and convent of the said cathedral church of Bath
by the commonalty of the town of Plymouth for which release
the said reverend father Sir John Dunster, lately prior as
aforesaid, received cviij li.
Item he burdened the said priory by granting to Joan Atwell
of Glastonbury in the county of Somerset, widow, her heirs
executors and assigns a perpetual pension of 40^. yearly and
received for this pension c li. which he took with him.
Item he burdened the said priory by granting to Thomas
More of Cheddar, in the county of Somerset (etc.), an annual
pension of vj li., for which pension he received ccc marcs which
he took with him.
Item he burdened the said priory by granting to John
Twynho of Cirencester, in the county of Gloucester, an annual
pension of x //., and he received for the said pension cccc marks,
which he took with him,
Total of the pensions granted by which the said Priory is
perpetually burdened : xix //.
1 This is dompnus, i.e., dominus, the usual title given to churchmen at
this period.
Chamber
Sums of money received for the said pensions and subtracted
or taken away by the said prior : viijc marks.
Item the said prior carried away with him from the said
priory, two large silver basins, the interior part gilded.
Item the said prior carried away with him the whole
"garnysh" of silver vessels, viz., 12 platters, 12 . . .l and
12 saucers, together with two chargers, and as it is said, one other
charger. Value of the silver ... the platters iij //.
Sum total Ixxxiiij //'.
Item the said reverend father carried away with him two
cruets (phiolas), partly silver gilt, and one silver " paxbred," wholly
silver gilt.
Item he carried away with him one silver chalice, partly gilt,
and one silver flagon (olla), wholly gilt, weighing 13 ounces.
Item he alienated one pair of vestments, the gift of Thomas
Bekynden, formerly Bishop of Bath and Wells,2 worth 4 marks,
with one silver salt cellar (salerium), and with a silver basin
(cratera) belonging to the refectory there.
Item he alienated one old implement belonging to the
brewhouse (pandoxatorium), viz., the furnace oven (le furneys
euen) Ix //'. vis. viij</.
Received by the said reverend father (etc.) at the time of
the building of the refectory.
Item the reverend father received from lady Estmounde,
widow, for a certain annuity of 10 marks, with which the said
priory is burdened until the present time vijx* (//.).
Item he received of John Chaneys3 of Wilmington4 in the
county of Somerset, 100 marks, for which he mortgaged the
1 Perhaps " lances," dishes.
2 He was bishop from 1443-1465.
3 This appears as Champneys in the fragment printed below. \N ill
Champeneys of Wylmyndon, gentilman, was one of the legatees i
Thomas Chaunceler, citizen of Bath, proved on 9 March, 1497.— £M
Medieval Wills (S.R.S., xvi), 342.
4 Wilmington, a hamlet in Priston. Pnston had been granted to Bath
Abbey by Athelstan. Collinson, Hist. ofSomers., i, 43° 5 Du£d-» «*i "» 2°2'
46 &tar Cfyamfcrt
manor of Chelworth1 to the said John, and in addition the said
priory is burdened with the payment of an annual pension of
26s. 8d. to the said John and to his son William, during the life
of them and of each of them (sic).
Item he received of John Chaunceler2 of Keynsham in the
county of Somerset 100 marks for the payment of which the
said priory is burdened and on account of this he granted to the
son of the said John Chaunceler an annual pension of four marks
until the time when he should promote him to a benefice of 20
marks.
Item he received of Richard Canynges3 of Hampton near
Bath for a corrody for himself and his wife and his son for the
term of their lives and of the life of the longest liver, xl marks.
Item he received of John Broke4 of Abbots Leigh near
Bristol for a corrody for himself and his wife . Ivij marks.
Item he received of John Baboure5 of Twiverton near Bath
for a corrody for himself and his wife (etc.) . xlviij (marks).
Item he received of Alice Slougge6 his mother and Agnes
Exsten his aunt for a corrody to them for the term of their
lives xl (//.).
Item he received of William Castell of Bath for a fine for his
tenement xx (//.).
Item he received of William Schote7 of Hampton, near Bath,
for the reversion of a tenement iiij (//.).
1 The manor of Chelworth or Chelwood belonged to the Priory at the
Dissolution. Dugdale, Monasticon, ii, 273.
2 His will, proved 16 July, 1489, is printed in Somerset Medieval Wills
(S.R.S., xvi), p. 282. He was the father of the Thomas Chaunceler a
prosperous citizen of Bath whose will is mentioned above, p. 45, n. 3.
3 He was possibly connected with the Canynges family of Bristol, though
his name is not found in the pedigree given in Memorials of the Canynges
Family (G. Price).
4 The will of a John Broke of Pill was proved in 1496 (S.R.S., xvi, 335),
but this man may perhaps be identified with the John Broke, gentleman,
who is mentioned in a will of 1498 as holding land by grant of John
Kenne. (Ibid., p. 375.)
5 His will was proved in 1534. — Wells Wills, 176.
0 The will of John Slogg of Bath was proved in 1530. — Wells Wills, 7.
7 He was perhaps a member of the Shute family which lived in Bath-
ampton. Will of John Shute proved 1596. — Smith, Wills, iv, 377.
Chamber Casts. 47
Item he received of Lady Hungerford1 for the release of a
title in the manor of Cricket St. Thomas (Crykoff Thomas)
........... xl (//.).
Item he received of a certain Irishman called Parys,2 for a
fine for one tenement situated in Ireland3.
Item he received of Master John Drover for a corrody granted
to him for life ......
Item he received of Sir Robert, his chaplain, for a corrody
granted to him for life ....
Item he received of William Walley* of Bath, for a fine for a
mill .........
Item he received of John Cole of Oldeston5 in the county
of Somerset, for his manumission . x //'. xiijj. ihj</.
Item he received of John Gravell of Inglisbache,6 near Bath,
for a fine of a rectory appropriated to the said priory and
farm (to the said John) . ,
Item he received of John of Bathwtck, near Bath, for a
corrody granted to him . ' , -
Sum total of the above receipts, vf Ixvij h. xiijj. 11
Item the said reverend father wasted the store c
(of the priory).
. This is
who became Baroness Hungerford m ,485 , byt* «»«, ^.^ , 5,,
attainder («e below p 'f ^^Gj^honUs bflonged to the Hungerford
'- any right of the Priory in ft. mano
has been found.
I ?hf Sy'ha^cells at Waterford and Cork.-Dugdale, ii, *63 ;
Chart. (S.R.S.), Ixxix. -Collinson, i, 31 ; Smith, 11'Ms,
* This family was well k"7" ^J?£hed King and Watts, App. xxix.
iii, 324, iv, 433 ; - Bath ^S^ often referred to in the
«*
H' 2e73Englishbatch or Inglesbatch, a hamlet in Englishcombe
Bath Chart. (S.R.S.), ii, tfS,W "• - h d to livestock and so on o
' These accusations of acts of waste ^refeat them Out on the " stock and
the manors proved that thenor and crave nr ietn doned at the
Monasticon, ii, 272, and
48 &tar Chamber
Imprimis of the manor of Sothstoke,1 4 oxen, I bull.
Item, Combe, 3 cows, 3 bullocks and 5 ...
Preston, I bull, 13 oxen, 8 cows, 5 calves.
Coston, 10 oxen, 8 cows, 13 bullocks, I bull.
North Stoke, 2 oxen, 7 cows, I bull.
Lymcombe, 12 oxen.
Hamewell, 30 head of oxen, cows and bullocks.
Debts incurred during the time of the said reverend father
for which the said priory is liable to certain creditors, as
follows : —
Imprimis to the fraternity of St. George3 in the church of
St. James of Bath, vi /z., which he received.
Item to Isabel Broke of Bath, xxxix /z'. x'rijs. i'rijd., which he
received by way of a loan.
Item to John Barbor3 of Bath iiij /z.
Item to Andrew Bedforth4 of Bath .... xj /z.
Item to Richard Fluet of Penford5 . . . Ixxxxij h.
Item to John Gaynard of Bristol, merchant . . xx /z'.
Item to John Payne6 of Mells vj /z'.
Item to Walter Lyncell of Bristol, merchant . . iij /z. v]s.
Sum total of the said debts, viijxx xj /z.
Dated 14 February, 1483, in the first year of the reign of
King Richard the Third.
1 South Stoke. Dug., Mon., ii, 272 ; see also Bath Chart. (S.R.S.).
Corston, ibid. Lyncombe, ibid. This is Hamesvvell, Hamswell or Hareswell,
a manor belonging to the Priory in Cold Ashton, Gloucestershire. Bath
Chart., ii, 327, 327 n, 599, 808.
2 No notice of this fraternity has been found. It was obviously one of
the religious gilds which flourished at this period. See Churchwardens'
Accounts (S.R.S.).
3 The Barber family was well known in Bath. Somers. Wills, v, 106.
Somers. and Dors., N. and Q., v, 178.
4 An Andrew Beddeford or Bedforth was one of the members for the
city of Bath in 1467. — Warner, Hist, of Bath, 161 ; Collinson, i, 21.
5 Pensford. The will of Richard Fluett of Bath was proved in 1497.
Somers. Med. Wills. (S.R.S., xvi), 354.
6 The will of Walter Payne of Mells was proved in 1496. Ibid., 333.
&tar Chamber Ca$«f.
(A small piece of parchment, injured by damp and torn,
gives an English version of part of the above document
It begins : " [Fijrst the seid Abbot then prior of Bath
ressauid of the lady Esemund wydoe for a certen
annuite of x marcs to her grauntyd cxl //.," and ends with
the note of the corrody granted to John of Bathwick.)
The shewyng off John thabbott off seynt Augustynez besides
Canterbury concerning a matier bitwen hym and the
priour off Bath.
The seid Abbott seith that the matier off the byll off the seid
priour is insufficient and he owith nott to be putt to answere
thervnto nor to be called hider opon the said matier for such
consideracion as haith ben shewed by the seid Abbott in a byll
late putt in by hym as by the statute alleged by the seid Abbott
and by the statute off magna carta in which the grete sentence
of holy church1 is yeuen opon them that be brekers theroff and
by dyuerse other statutes it haith bene laudably ordcytied
enacted and establisshed. And wher the seid priour surmitteth
pouerty in hym and his monastery to thentent to cause the seid
Abbot to be putt to answere her the seid Abbott seith that that
is no consideracion to cause hym to be putt to answer her and
is butt feyned by the seid Priour to putt the seid Abbott and his
monastery to coste treble and vexacion. For the seid priour nor
his monastery is nott in any such pouertye as is by hym
surmitted. For the seid priour commonly rideth with xviij
horses or theraboute and her servauntes all in one lyverey or
clothyng. And useth nott hym self lyke to a man being in
pouertye nethyr in his ridyng ner in his other decles. \\ hert
the seid Abbott prayeth and demaundeth as he haith prayec
and demaunded in his other bill etc.
1 This refers to the Confirmatio Cartarum of Edward ., i-9
"And that all archbishops and bishops shall pronounce
great excommunication against all those that by word, d(
contrary to the foresaid charters or in any point break or undo
Select Charters (1890), 496.
50 J^tar Chamber
Courtney u. Courteney.
HENRY VII., No. 14. DATE: 1487-1512.
To the Kynge oure souereigne lorde.
In most humble wise shewith unto your highnes your feithfull
liege man Piers Courtney1 of your countie of Devonshire
esquyer. That wher as Sir William Courtney knyght his fader
was seased of the manors of Bere & Borow3 and oder londes &
tenementes in Hamp3 Gaskyn4 Haller'5 Saltmore6 Northmore7 &
1 These Courtenays belonged to the Powderham branch of the family.
The defendant in this suit was Sir William Courtenay of Powderham, who
succeeded his father Sir William on the death of the latter in 1485. Sir
William the elder, who was High Sheriff of Devon in 1483, left three other
sons, Philip, Peter and James, and two daughters, Joan wife of Sir William
Carew, and Margaret wife of Thomas Rogers. The third son Peter was
the plaintiff in this suit. Very little is known about him, but he must not be
confused with Peter Courtenay Bishop of Exeter, who died in 1491, or with
Peter Courtenay of Ugbrook in Devon who died in 1551. He married Joan
the daughter of Sir Thomas Beaumont, and the widow of William Reigny.
Certain lands in Chudleigh (co. Devon) had been settled by Sir Thomas
upon Joan and her husband Peter Courtenay, but she had died childless on
24 January, 1495-6 (Cal. Inq. p.m. Hen. VII. (Rec. Com.), No. 1231 ; Cleave-
land, Hist, of Courtenay Family?) Sir William married Cecily, daughter of John
Cheyney, and died in 1511-12, but the date of Peter Courtenay's death has not
been found. Sir William, it may be noticed, spells the family name with an
e, his brother without.
2 The manor or manors of Bere and Borow, or Bere and Burgh, were
not easily identified, but they appear to have been in the parish of Aller.
In 1548 the heirs of Courtenay were withholding a rent of wax due to the
parish church of Aller from the manor of Bere in that parish. Somerset
Chantries (S.R.S.), 106, 290. Fortunately an indenture of a grant of the
same date (1549) has been preserved, by which James Courtenay grants
lands in Bere in the parish of Aller to be held by rent and suit to his court
"holdenat Bere and burough." Cat. Anct. Deeds (P.R.O.), A. 12609. In
1599 Sir William Courtenay and James Courtenay held the manor of Bere
and Burgh. Feet of Fines. Div. Cos. Mich. 41, 42 Eliz.
The more obvious identifications of Bere fail, owing to the fact that we
cannot prove any of these other places to have ever been held by the
Courtenay family, though some connection with the manor of Beer in Canning-
ton might be presumed from the fact that that manor was held by the Bonvile
Chamber Casftrf.
half yerd within your Countie of Somerset in his demene as of
fee whiche is to the yerely value of xxx It. and so beyng seased
uppon to promyse & couenaunte for manage made betwen the
said Piers and on Johan doughter of Thomas Beaumount knyght
an astate of all the premyssez was made by the seid Sir William
Courtney to your seid Orator his son & to the heires of his body
begotyn by vertu wherof your seid Orator was therof seased in
his demeane as of fee tayle and so beyng seased one William
Courtney knyght son & heir to the seid Sir William and broder
to your seid suppliant by his dede relessed all the right title &
interesse that he had in the premyssez to your seid Oratour & to
the heires of his body And ouer that by the same dede
bound him & his heires to warant the seid manor londcs &
tenementes to your seid Oratour & to the heires of his body
And so it is most gracious souereign lord that your seid
besecher by reason of the premysses was laufully seased of the
seid manor londes & tenementes and pesibly had and enjoyed the
same from the tyme of the seid gyft duryng all the lyfe of his
seid fader And also after the deces of his seid Fader unto the
tyme the seid Sir William Courtney broder to your seid oratour
contrarie to his own reles and contrarie to the graunte of his seid
Fader through his extort myght & power in riotous wise & with
force assembled & toke to hym Thomas Walton Richard Baker
Robert Prowse William Hole Robert Wattes & diuers oder
persons his seruantes to the nombre of xvj or ther aboute to
family. The manor of Burgh probably took its name from Sir Thomas
Burgh, kt., whose widow Margaret (formerly the wife of
Botreaux) held it in the reign of Edward IV. and at her death
Inq. p.m. Hen. VII., No. 482. Bodleian Library Charters, g
• This is perhaps Ham in Creech St. Michael, or High Ham i
asyn may be identified with a tenement called Gascoigne formerly
held by Sir William Bonvile, from whom we know that I
descended. The same Sir William also owned a manor er near
Combwich (in Cannington) and land in Saltmoor. Inq. p.»
Aids, iv, 436.
er
• Saltmoor in the parishes of North Curry, Si athe, etc
? Northmoor, in Huish Episcopi by Langport. MS*. .
Wells (Hist. MSS. Com.), pp. 177, 484.
52
your seid suppliant as yet unknowen wrongfully & in riotous
wyse with force entred into the seid manors londes & tenementes
& thereof wrongfully & with force put out your seid oratour
ayenst all right lawe & good consciens and so from that tyme
hederto the seid Sir William his broder by his gret myght &
power hath taken thissuez & profites of all the premyssez by
dyuers yeres & yet doth to the disheritance & utter undoyng of
your seid oratour & his heires for euermore ayenst whom your
seid oratour is not able nor of power to sue for his remedy of &
for the premyssez by the course of your comen lawes of this
your realme for so moche as the same Sir William is a man of
grete substance of lond & goodes and also of gret myght &
power in your seid countie and your seid oratour is but a yonger
broder hauyng no more to lyve on but the seid londes and
tenementes into the whiche he dar not entre for the myght &
power of the seid Sir William In whiche cace he is lyke to be
undon & disherite for euermore onles your speciall grace be to
hym shewed in this behalf wherfor please it the same your
highnes the premyssez graciously considered to direct your
gracious letters of prevy seall to be directed to the seid Sir William
Courtney comandyng hym by the same to appere before your
highnes & the lords of your most honourable & discrete counsell
at a certen day & under a certeyn payne to answer, &c.
Appended are
(i) The answer of Sir William Courteney, knight, who says
that : — the said Sir William Courteney his fadyr was seased of the
said manors londes & tenementes specifyed in the said byllin his
demesne as of fee tayle of the gyfte of William Bonvyle knyght1
therof made to hym & Margaret his wif doughter of the said Sir
William Bonvyle & to the heires of their two bodyes cumyng and
the seid William Courteney so being therof seised of such estate
therof dyed seasyd after whos clecesse the said manors londes &
tenementes discendyd to the said William Courteney as son &
1 This was the Sir William Bonvile who was beheaded after the battle of
Wakefield in 1460-1, his son and grandson of the same name both being
slain in that battle. He settled the property in dispute on his daughter
Margaret on her marriage with Sir William Courtenay. She died in 1487,
two years after her husband. G.E.C., Peerage.
Chamber <£ast«. 53
heire of the said William & Margaret by fors wherof immedyatly
after the deces of his seid fadyr by his officers entred & wos & yet
ys therof seasid in his demean as of fee tayle and syth the tymc of
his said fadyr is decesse the same Sir William cam neuer at the said
manors ne eny of the premisses ne the said Pyerssyth his said fadyr
is decesse neuer claymed eny of the premisses untyll now of late
but the said Sir William in peasable maner hath contynued his
possession in the same and to the intent that your good
lordshippis may haue the better knovvleche of the truthe of the
said untrue surmyse the same Sir William besechith your good
lordshippis to gyue comaundement by wrytyng to the shrief &
justices of peas within the said countie of Somerset to inquier
of the said ryot & fors surmytted to be don by hym & to
certyffye your good lordshippis of the truthe therof and ouer
that the said Sir William seith that he hath payed sith the
decesse of his fadyr yerely to his brother Pyers Courteney xx It.
out of the said manors of Bere & Burgh & other the premiss
tyll now of late that the said Pyers of his unkyndynes trobled
the said Sir William & also the same William of his frewill hat
geuyn to his said Brother Pyers londes & tenementes in Coltl
alen1 in the countie of Devon to the yerely value of x //. by caus
his said fadyr couenaunted to geue to the same Pyers xx It. o
of the said manors londes & tenementes specyfied in the saic
which couenaunt made by his said fadyr was voyde by r
by cause the said manors londes & tenementes were intaylcd ar
ouer that the said Sir William seith that the_ seid
Courteney his fadyr contynued his possessyon in he sai.
of Bere & Burgh & other the premisses as well after the maryag
bytwene the said Pyers Courteney & Jane his wif
the same paying to the same Pyers xx //. *£*f%S£5
londes & tenementes & takyng to his owne use
the resydue therof and also the same S.r VV .ham his
after the said maryage as bifor hyld the courtes he ^ d manors
in his owne name & so dyed seased therof «
Sir William Courteney made sealed or ££"h
to the said Pyers as ys surmytted by t
. Land in Coltbury Allen was held of Peter Courtnay, Esq., as overlord
in 1491. Cal. Inq. p.m. Hen. VII., 1, No. 7<
54
Sir William seith that the said relesse is sealed with his moders
seal which after hir deth remayned in the kepyng of the same Pyers
and the same Pyers in his moders liffe neuer pretendyd eny
title to the said manors londes and tenementes and how be yt
the same relesse had beyn the dede of the same Sir William as
in dede yt was not the same relesse ys voyde in the lawe by
cause the said Pyers was not then in possession of the said
Manors ne eny of the premissis and without that the said Sir
William ys gylty of eny royet or fors as ys surmytted by the
said byll all which matters he is redy to proue.
(2) The replication of the said Piers Courtney, in which he
says that : — for the mariage to be had betwen him and the said
Jane suster of the seid Thomas Beaumond the seid Sir William
Courteney the fader for gret somes of money to hym contented
& payd couenaunted & promysed by Indentur that the seid
Piers should haue parcell of the manors londes & tenementes of
the said Sir William to the yerely value of xl li. ouer all
charges & to haue xx li. therof in hond & xx //. after
his deces and ther uppon the seid Sir William the fader in parte
of perfourmance of his seid promyse made estate of the seid
manors londes & tenementes specified in the seid bill to the seid
Piers to haue to hym & to theires of his bodie by aggrement
then had betwen them that the same Sir William shuld haue
duryng his lyfe as moche of the issuez & profites therof as shuld
be aboue xx li. yerely accordyng to the premyssez and ther-
uppon the seid Sir William Courtney his son in the presens of
his seid fader & of his moder and of diuers oder honorable
persons made the seid reles with warrantie unto the seid Piers
and because the same Sir William the son had no seall of his
own as he then seid he then and ther borowed the seall of his
moder & therwith sealed the same reles and deliuered yt to the
seid Piers as his true dede and the seid Piers by reason therof
contynually after that had and occupied the seid manors londes
& tenementes duryng all the lyfe of his seid fader and had xx //.
therof yerely to his own use and his seid fader the residue
accordyng to the seid premysez And after that the seid Sir
William Courtney the fader for asmoche as the same manors
londes & tenementes were but of the yerely value of xxx //.
willed that ymmediatly after his deces the seid Piers shuld haue
&tar Chamber Case*. 55
oder manors londes & tenementes to make up the value of
xl li. accordyng to his seid promyse and decessed after whos
death the same Sir William according to his seid faders will &
promyse made astate to the seid Piers of the seid londes &
tenementes in Coltbury Alen and how be yt that they be now
aboute the yerely value of x li. they wer not then of the yerely
value of vij //'. and so by reason of the premysses all the seid
manors londes & tenementes of right belong to the seid Piers
and that notwithstonding the seid Sir William sent his seruantes
a gret nombre in riotous wise in harnes and wrongfully with
force put him oute without that that the seid William Courtney
the fader was seased of the seid manors londes & tenementes in
fee taill or died therof seased as is surmytted by the seid answer
and also seith that the seid Sir William the fader made the seid
astate unto the seid Piers with warantie and that the seid Sir
William Courtney his son hath sufficient londes and tenementes
descendid to hym from his seid fader in fee symple so that he
hath no right ne title to the same manors londes and tenementes
ne eny parcell therof though they were entayled as they be not
and for asmoche as the seid Sir William the son denyeth not
but that his seid fader made the seid gift to the seid Piers praith
to be restored therunto and also the seid Sir William hath
atteyned to his possession the indenture & odcr wrytynges that
were made for the suertie of the seid astate uppon the seid
manage which belong to the same Piers wher fore he praith
that the seid Sir William may be compelled to delyuer them t<
the same Piers.
(3) The rejoinder of Sir William Courteney which conta
new facts.1
' The result of this suit is not known, but the d.sputed manors arc r
found in the possession of James Courtenay, a . yc
William Courtenay who was the defendant in this si
therefore that Peter Courtney failed to make h« cla im, a
might be expected from the way in wni« "'">> ™V» for the difficulty
and from the lame explanation he put
about the seal.
56
Dean of Wells u. Hardwich and others.
HENRY VII., No. 36 [MS. in bad state], DATE: 1493-1498.
To the King our soveraign lord and the lords of his most
honourable CounseilL
In the most humble wise sheweth and complayneth unto your
highnesse your daily oratour John Gunthorp clerk1 deane of
your cathedrall church of Welles in youre countie of Somerset
that whereas he in the right of the seid deanry was & is seased of
and in a more and certeyn londes called Wedmore More con-
teynyng xvc acres or theraboutes in the parisshe of Wedmore3 in
your seid countie which more and londes hath bine used and
accustomed tym oute of mynde by the same deane and his pre-
decessours deanes of the same churche & other tenauntes there to
be enclosed with walles and other thinges therunto nedefull for the
defence of the said more and landes from daunger of ragious flodes
of waters commyng and adioynyng to the same and according to
the same usage and custume a walle called Kumnorwalle3 extend-
ing in length from a village called Theel4 to a [river] called the
yoo which is the space of a myle and aboue of olde tyme was made
by the seid tenauntes and the predecessours of the said Deane
for the defense of the seid more and landes from the said ragious
flodes and waters which wall without lette or interupcon of any
your subgiects heretofore hath stoude and bein upholden in
1 John Gunthorpe was Dean of Wells from 1472 until his death in 1498.
He was chaplain to Edward IV., prebendary of Lincoln 1471-98, and
Keeper of the Privy Seal in 1483. He was sent on many diplomatic
missions in the reign of Henry. VII. (Diet. Nat. Biog.) His will, dated
25 June, 1498, has been printed in Somerset Medieval Wills (S.R.S., xvi)
p. 361. It contains a bequest of ,£30 to Wedmore Church.
2 Wedmore was given by Harold to the Bishop of Wells who held it at
the date of the Domesday Survey. V.C.H. Somers, i., 458. In about 1150
Wedmore with the hamlets of Mudgley and Mark was granted to the Dean
and Chapter. It formed a prebend of the Cathedral being valued at 60
marks in 1428. Feudal Aids, iv, 415 ; MSS. of D. and C. of Wells (Hist.
MSS. Com.) i, 80.
3 This reading is doubtful ; much of the MS. is in a bad state.
4 East Theal and West Theal are hamlets in Wedmore. Collinson,
Hist, of Somers., i, 189, ii, 243.
&tar Chamber €a$!ta. 57
fourme aforesaid till of late most gracious soueram lord the ij<*.
daie of this present month of Juyn Hugh Hardwich Richard
Dwale Richard Sidnam the yonger William Combe anc
John Martyn of Glastenbury accompanyed with other
disposid and riotous persons of the same town in grete nombre
whose names be as yet to your suppliaunt unknowen arai
maner of werre that is to say with bowes billes and other wcpyw
defensible by the abetting procuring and stirmg of^Wm«u
Tyntenhull of Panburgh* John ^pham John More R
Counsell Robert Chalcroft John Algare William Algare .
Thevre Tohn Collerigge of Theel and John of Martsey alias Barowe
of Panbureh afo re 3d in your said countie the seid seconde da.e
of this present moneth of Juyn riotously contrary to your lawes
^nd pea's came to the wali "aforesaid & there c-Uy and w, h
& other wepyns diuerse baryers that stoa £ ^ ^
in diuers places therof as well to fc**^ of vj, acrcs
«
from ... as for the . . . « H f he
parcell of the seid xv'. acres **"*•£*;£ drOwned and
therof wherby the ^J^^^^M orator & his
... to the grete hurt & dam^^fO* ^ seid orator for the
tenauntes there which tennauntes £r%BW* as they hadd
saluacion of the seid more and Ian 1 asson^ ^ *g ^^
knowlege therof came to . . • ^ persones beyng
& . f . the seid waters and the heir bowes bent &
and abidyng at the ^\ wa^e ^ ^^^" ^
arowes in theym redy to haue : shot at the ten ^ ^ H
orator so that they
then the seid tenaumcs « /-
the same wall to their grete co:
persones in executing therec
[ to the Abbey
i Panborough, another hamlet i »JJ» >Ojr/ sVtr-) ;,',, 89.
of Glastonbury from the iotl:
58 &tar Chamber
ijde. day of Juyn with like force cutte and cast down the same
wall in the same place & surrounded the same more & land
and let the waters into the same and the seid tenauntes of your
suppliaunt assone as they hadde knowleche therof eftsones
amended the same walls to their grete cost & charges . . .
by the procuring and stiring of the persons aforerehersed came
by nyght araied in maner of werre as is aforesaid & brake & cast
down the said walle in other v places of the . . . londes was
drowned and surrounded in such wise that therby it is in case to
be utterly distroyed & wasted foreuer as well to the grete hurt
and disheritance of the said church of Welles . . . dean
and his successours . . . hurt and empouerysshing of their
seid tenauntes Therfor it may pleas your highness upon con-
sideracon of the premises to graunt your gracious letteres of privy
seall to be directed to the seid riotous and evil disposed persons
comaundyng theym & euery of theym by the same to appear
befor your Grace & the lords your most honorable counsel.
Appended are the answers of (i) all the defendants (except
Hardwich and Dwale) saying that they are in no wise
guilty, (2) Hugh Hardwich and Richard Dwale, who say
that :—
Richard abbot of the Monastre of our Lady of Glastonbury1 is
& his predecessours long tyme passed have ben seased of the maner
of Norloode2 in the said countie & of a more called Yoo More
conteyning by estimacon vij or viijc. of acres adioynyng to the
said more called Wedmore More in their demesne as of fee in the
right of their said monasterie and that the said abbot & his
predecessours & all they whos estate the said abbot hath in the
seid maner out of tyme of mynd haue ben seased of commen of
pasture and used to haue commen of pastur for theym & for their
farmors & tenauntes at wille of their said maner of Norloode
with & for all maner of bestes euery tyme of the yere in the said
more called Wedmore More through whiche to mores that is to
1 This was Richard Bere, Abbot of Glastonbury from 1493-1524.
V. C. H. Somers. ii, 94 ; Collinson, ii, 255.
2 The manor of North Load in Wedmore parish belonged to Glaston-
bury Abbey. There were several disputes between the Abbey and the
Dean and Chapter as to tithes from this manor. MSS. of D. and C. of
Wells (Hist. MSS. Com.), i, 226.
Star Chamber Ca*t*. S9
say from the more of the said abbot called Yoo More descendyng
into & thrugh the said more of the said Dean called Wedmore
More ther hath ben by the said tyme unto now of late a commen
Sewer to advoyde all ragious Modes waters comyng & dissendyng
from a brigge called the castell brygge and also from a place
called Muddesley1 wherof the seid Deane is seased in the right
of his seid deanrie which water descendyng from the said brigge
called Castell brigge & the seid water descendyng from the seid
place called Muddesley mete att a place called Booderiggewere
& from thens descendyng to the said more called Yoo More of
the said abbot and from thens to the seid more called Wedmore
More of the said Deane & from thens into a grete ryuer called
the Yoo enteryng into the same ryuer at a place called Lang-
londisham byneth a place called Coklake2 as it doth openly &
evidently appere and bycause that the said waters discendyng by
the same sewar ofte tymes drowned & surrounded the seid more
called Wedmore More wherby as well the predecessors of the
said Deane & their tenauntes3 as they whos estate the said abbot
hath in the said manor called Norloode & their tenauntes often
tymes loste the profiles of their comen aforeseid and the deane
of the seid churche of Welles & his tenauntes att that tyme beyng
percevyng that the seid surroundyng was greter losse unto theym
than it was to the owner of the manor of Norloode & his tenauntes
made a grete sewyng4 dyche within the seid more of the seid deane
1 Mudgley, another hamlet in Wedmore, belonged to Glastonbury
Abbey.
2 Cocklake is also in Wedmore parish.
3 From a very early date there had been disputes between the Abbey ol
Glastonbury and the Dean and Chapter as to their respective rights of
common on Wedmore (see MSS. of D. and C. of Wells passim). Occa-
sionally the matter would be settled for a time by joint agreement, only tc
reopened again later on. By one of these agreements, reached n
instance, the Abbey acknowledged the right of the Dean and Uiapt
enclose 600 acres of land in their moors below Wedmore between
and North Load, surrendering their rights of pasture thorn OB
that common of pasture in the rest of the moors -througho
saved to the tenants of the Abbey in " Patheneberghe I^eneye am
ware." MSS. of D. and C. of Wells (Hist. MSS Com.), i, 226. ,
Hist. MSS. Com. Rep., iii, 2oia, 3623, and Warner, 6fe
« The word " sew "was used in the i6th century for a cote,
open ditch. A "sewyng dyche " is, therefore, obviously a d
drained the moor.
60 J^tar Cfyamfor
called Wedmore More bytweene the same more & the seid more
called Yoo More the same dyche begynnyng att a place called
Thele Wille & so procedyng & descendyng to a place called le
ledesham Corner & from thens to the place called Briddesham1 &
from thens to the seid place called Langlondisham unto the seid
Ryuer of Yoo by which sewyng dyche so new made all the flodes
& waters that used to descende from the seid More called Yoo
More into the seid more called Wedmore More passed unto the
seid grete Ryuer called the Yoo & therby the said More called
Wedmore More dried & grew to grete profites & is of gretter
profite to the seid deane & his seid tenauntes then it was by
fore and by the castyng of the seid new sewyng dyche the seid
banke specified in the seid bill was made whiche banke the seid
now deane & his predecessors & their seid tenanntes haue used
to repaire from the tyme of the makyng therof and the seid now
abbot & his predecessors & all they whos estate the seid now
abbot hathe in the seid manor of Norloode & their seid Fermors
& tenauntes by all the seid tymes sith the makyng thereof haue
hadd & used to haue pass [age] & ... with their bestes
from the said manor to the seid More called Wedmore More and
from the same more to the seid manor without lette or inter-
rupcion unto now of late within a yere last past or lytell more
that evill disposed persons tenauntes to the said Deane whos
names ben to the seid Hugh & Richard unknowen with force
& armes sett & fixt upon the seid walle barriers & stakes so
that the bestes of the seid fermors & tenauntes of the seid abbot
myght not passe that way to the said comem as they hadd at all
tymes byfore and also diuers bestes of the seid fermors & ten-
auntes of the seid abbot were by the same stakes hurte &
destroyed which barriers & stakes if they shold haue so contynued
shuld haue ben to the disheriteson of the said abbot & his succes-
sors and therfor the said Hugh & Richard by the comaundement
of the Steward of the said monasterie the seid secunde day of
June by daylight in peasible maner toke downe the barriers &
stakes and forsomoche as oon of the said barriers levied & fixed
to the nusance of the said abbot & his seid fermors and tenauntes
1 Biddisham and Langland, with which these may be identified, were
places in Mudgeley, frequently mentioned in the MSS. of the D. and C. of
Wells (Hist. MSS. Com.), 50-2, 206, 210, 216, 227, 228.
Chamber Catfea. 61
was fastenyed & fixed depe within grownde uppon the said bankc
in the same place where as the said olde comen sewer used to
passe descend from the seid more called the Yoo in & thrugh
the seid more called Wedmore More the same Hugh & Richard
in peasible maner brake the erthe of the same banke wher as the
same barriers were made to take theym downe & by the brekyng
therof the water which was used to passe by the seid new sewyng
dyche made by the predecessors of the seid Deane for his grete
profite was stopped & might not passe by the same new sewing
dyche as it hadd used to doo but surrounded the seid grounde of
the seid abbot & also grete grounde of his tenauntes adioynyng
therto for lak of scowryng & clensyng therof in the defaute of the
seid deane & his tenauntes entred by the same brekyng of the same
bank into the seid more called Wedmore More in to the same place
where the seid olde comen sewar was and so passed in to the
seid grete ryuer called the Yoo as it used to do of olde tymes
and afterward the tenauntes & seruantes of the seid Deane with
other evill disposed persons to the numbre of Ix & moo arrayed
in maner of werre that is to say in Jakkes1 salettes2 brigandyrens3
bows bent & arrowes gunnes & other armes defensible rynging
the bells of the paroche churche of Wedmore ... & alarom
to cause the parochens & other persons by thcym prouokcd to
be of their affynytie to assemble togeder and so assembled went
& newly made the said stakes & bankps in the places afore . . .
& openly proclayming in the paroche churche of Wedmore
aforesaid that if the tenauntes of the said abbot callyng them
chorles breke downe the bank or stakes eny more they sholde
be betyn & slayne and fryed in their own gresc in their own
houses and then & ther contynuyng in executing their cruell &
malicious disposicon toke oon William Tyntenhull then bcynj
constable & tethyngman of the same town of Norloodc & o
Agnes More then beyng with child & thcym bete ft
intreted that they were in Juperdie of their lyves and
when the said riotous persons were departed the said J
Richard breke the said bank and stakes by the comaundcmcni
the steward & so . . '. of the day breke theym aycn v
i Jackets * Sallets or helmets.
• This is 'the i6th century form of brigandine, a coat of mail co,
of iron rings or plates sewn upon leather or canvas. Murray, Ofi
62 J*>tav Chamber
they were newly made as lawful was for theym to doo without
that that the said Hugh & Richard lete in the water in to the
seid more in any other place then the said water was wont to
haue her course & passe or that they breke any walls or barriers
by nyght as in the said bill is specified or breke & pulled upp
theym in any other wise then is specified in the seid aunswer.
Powe u. Newman alias Elys.
HENRY VII., No. 62. DATE: 1504-1513.
To the moost Reuerende father in God my lorde arcliebisshop of
Caunterburye}
Moost lamentablie compleyneth unto youre good and
graciouse lordeship your contynuall Oratoures and dayly beed-
men Thomas Powe2 and Thomas Towker of the diocese of Bathe
and Welles. That where as your said Oratour Thomas Powe
hathe a quearell dependyng in your noble Courte of the
Audience3 between hym of oon partie actif and oone John New-
man otherwise called Elys of the same diocese of the other
1 The bill was probably directed to Archbishop Warham in his capacity
as Chancellor. He was Archbishop of Canterbury from 29 November, 1503,
until his death in 1532, and was Lord Chancellor from 1504 to 1515. The
erasures suggest that the petition was originally meant for the Archbishop
alone, but was later changed and directed to the Star Chamber, as the
" untrew arrestes " might be regarded as bringing it within the jurisdiction of
that Court, which interpreted its sphere of action in a very elastic way.
2 A family named Powe were settled in Langridge which is about six
miles from Combe Hawey. Collinson, i, 133. A John Powe was rector
there in 1582. Weaver, Somerset Incumbents, p. 275.
3 The Court of Audience was a Court belonging to the Archbishop of
Canterbury, which was " of equal authority to the Court of Arches though
inferior to it both in dignity and antiquity." It has been described as " the
ecclesiastical counterpart of the Court of Requests," a court for the speedy
hearing of poor men's causes. It formerly followed the Archbishop in his
visitations but was fixed at Lambeth about 1500. It was presided over by
two judges called Auditors. It seems often, as here perhaps, to have been
exploited by malevolent persons for the annoyance of their neighbours.
Cowell, Interpreter ; I. S. Leadam, Star Chamber Cases (Selden Society),
Intro., Ixxxv-xc.
Chamber Catfeif. 63
partie defendant. And the same John for his contumacie
obteyned by your houourable auditoure lawfully to be suspended
out of the churche1 and upon the same hadde oute your letteres
of execucion so to denounce the same John Newman in the
parishe churche where he dwellethe and so it is moost gracious
lorde that for bicause oon of your forseid Oratoures Thomas
Towker whiche at thinstant desire and diligent requisicion of the
seid Thomas Powe your oratoure aforeseid brought your foresaid
moost reuerend letters of execucion and them deluyered to the
parish prest or Curate of the parishe churche of Comehawie of
the same diocese for to denownce suspended the foresaid John
Newman in the seid parishe churche and otherwise to doo
according as the tenor of the seid letteres makethe mencion.
The foresaid John Newman of all the premisses hauyng know-
lege and assone as your moost reuerend letteres were so
executed and by the reason of the same not only the foresaid
Thomas Towker your mandatorye in that behalfe pullynge and
halyng hym by the bodie wrongfullye intreted hym and to him
spake many iniuriouse and vilependiouse wordes but also caused
your oratoure and mandatorye wrongfully at his syvvte to be
arrested and him like a felon his handes bounde behynde hym
led to preson and also caused the cattell of the seid Thomas
Powe your oratoure and the cattell of the fader of the seid
Thomas to the numbre of x oxen to be arrested and dreven awey
by force the seid Thomas Powe then being at London geuyng
attendaunce upon his councell of your honourable courts where
the fader of the seid Thomas bey[ing] of the age of Ixxij yeres
ferying the utter undoyng of himself and also of his sonne was
feyne to make him frendes to take the seid John Newman other-
wise called Elys vij ti vj s viij d to have his catell agey . . .
where there was no peny due and after the manner of extorcion
orels brybery3 the seid John Newman witholdeth and kepeth the
seid some of vij ti\] s viij d wrongfully to the grete lost and hinder-
aunce of ... seid olde man fader to the seid Thomas Powe your
1 This was a temporary excommunication inflicted for minor offences
such as brawling and quarrelling. The letter of denunciation had to be
read by the incumbent in the parish church.
2 Bribery in this connection has the old meaning of robbery with
violence. Murray, Dictionary.
64 &tar Chamber
Oratoure And when the seid John hadde the seid some of money
he thretenyng the olde fader with maliciouse wordes seying this
money shall finde the . . . thy sonne plee y nowgh Beforce
where of it wyll ensewe to the utter undoying of your seid ora-
toures onlesse your lordeship the more gracious be shewed to
theym in this behalf hit now please youre good lordes[hip]
the premissez tenderly considered and also the untrew arrestes
made to thentent your seid oratoure shuld surcesse his seid
accion yn your courte to graunt a writ subpena to be directed] to
the seid John Newman otherwise called Elys commaundyng him
by the same to come and make answere before the King our
soueraign lord & his most honourable counsell at a certen day.
Appended is the answer of the said John Newman, in which
he says : —
That he as serjaunt & baylly unto oon Edward Stradlyng
squyer1 & by his commaundment distreyned the said fader of the
said Thomas Powe as a tenaunt unto the said Edward his mayster
for arrerage of his rent and fcrme dewe unto unto hym the which
arreragez amounteth to the said sum of vij ti vj s viij d as is sur-
mitted in the said bill the which he will averre and prayeth to
be dismyssed out of this court.
Hameleyne u. the Abbott of Cleeve.
HENRY VII., No. 77. DATE: c. 1506.
To the kyng oure souerayng lorde.
Humble sheweth and complayneth unto your most noble
grace your true subiect and liege man Alexander Hameleyne3
1 Edward Stradling was the eldest son and heir of Thomas Stradling, who
was lord of the manor of Combe Hawey at this date. He married Elizabeth
daughter of Sir Thomas Arundel of Cornwall, was knighted in 1513, in
which year he made the presentation to the Church of Combe Hawey, and
died in 1535. The family of Stradling had owned this manor from the reign
of Edward I. (See Ministers' Accounts, P.R.O., bundle 1148, nos. 2, 8).
Court Rolls of the manor for the reigns of Henry VI., Henry VII. and
Henry VIII. are preserved at the Record Office. See also Collinson, iii,
335 ; Shaw, Knights of England.
'2 The Hamlyn family had owned land in Cleeve from the fourteenth
century onwards. In 1346 Robert Hamlyn held one-quarter of a knight's fee
jz>tar Cijamfccr Cages. 65
that where as your said oratour and subiecte was lawfully seased
yn his demeane as of fee tayle of certeyn londes meadowes and
pastures with their appurtenances in Lullekkesburgh2 yn your
countie of Somersett by which grownd their ys a high waye
lyyng callyd Sydewaye for alle your liege people to cary ryde
and to goo at alle tymes which high waye hath ben there usyd
by the tyme that no man can remember the contrary tille nowe
of late John Abbott of Clyffe2 John Ewen Richerd Western
George Pytte John Prouse of Crowedon3 John Herward of
Treburgh thelder John Herward of Slowurthy4 John Beydon of
Lye thelder and John Herwerd of Lullekkesburgh with other
riotouse and other evyll disposed persones to the nombre of
there, the remaining three-quarters being held by the Abbot of Cleeve (Feud.
Aids, iv, 342, 431). A William Hamlyn was living here in 1399 (Ing. p. m.,
22 Ric. II., No. 124), and John Hamlyn held the estate in 1431 (Feud.
Aids, iv, 431), but no trace of other members of the family has been found
until the Alexander Hamlyn of the suit. We know from his replication
that the latter was the son of Thomas and the grandson of John Hamlyn.
In 1560 John Hamlyn was holding land in Cleeve. Feet of Fines, Somers.,
Mich., 2 and 3 Eliz.
1 Luxborough. Gerard refers to this old form of the name. Survey of
Somers. (S.R.S.).
2 John Paynter was Abbot of Cleeve in 1506, but in the following year
the Abbot was William Dovell, who held office from 1507 until the surrender
of the house in 1 537. ( V. C. H. Somers., ii, 1 1 5.) The Cistercian abbey of
St. Mary, Cleeve, had been founded by William de Romare, Earl of Lincoln,
between 1186 and 1191. At the date of the Dissolution the Abbey held the
manors of Old Cleeve, Treborough, Brown (in Treborough) and Sandell, with
manorial rights on Luxborough and Clatworthy, and lands and rents
in Bilbrook, Washford, Hungerford, Golsingcote, Roadwater, " Lunda,"
Leigh, " Octro and Smallcombes," Blackford, Sloworthy, Dunster and Marsh.
Dugdale, Monasticon, i, 734 ; V. C. H. Somers., ii, 115-8.
3 The wills of members of the Prowse family of Crowedon or Croydon in
Old Cleeve may be seen in Somerset Wills (ed. Crisp), iii, 74, 76. An
ancient deed preserved in the Record Office contains a curious agreement
by which George Prowse bound himself to provide dinner and supper twice
yearly at Croydon Grange for the Abbot of Cleeve and his men (Cat. And.
Deeds, P.R.O., A. 13069). A pedigree of the Prouse family is found in the
Visitation of 1623 (Harl. Soc., xi, 89, 90), but they lived at Tiverton, Devon,
and there is no evidence of any connection with this family.
4 Cleeve Abbey had acquired land in Sloworthy about 1203, and still
held it at the Dissolution. Valor Eccles (Rec. Com.), i, 217. It was
granted by Henry VIII. to John Wyndham of Orchard. L. and P.,
Hen. VIII. (xv), No. 106, p. 1 1 5.
K
66 g»tar Chamber
xj persones to your supplyaunt unknovven riotousely whith force
and armez that ys to saye with staffes bylles swerdys long
knyues and other defensible wepyns yn maner of a newe
insurrexion the Fryday nexte after the fest of seynt George last
passyd, came in to a certeyn grounde callyd forty acres in
Lullekkesburgh and stopped uppe the said high waye that no
man may ryde yn the same and there and then with their
wepons kutte and brake down the hegges of your said sup-
plyaunt beyng for his closure betwene hys grownde and the high
waye and then made the high waye ouer the grownde of your
said supplyaunt where as was neuer any high waye usyd and so
the said ryotours by meyntennaunce and great supportacion of
the said Abbott contynuelly usyn the same high waye uppon
his seueralle grounde and so doo alle other your subiectez that
com that waye because the olde comen high waye ys so stopped
and dyked and also the s[aid ryotjous persones haue kutte
downe xxiij carte lodes of wodes of your said supplyauntez
whiche was growyng at lullekkesburgh forsaid and caryed awaye
the same as to their owne use contry to alle reason and concyens
and for asmoche as the said abbott ys a man of greate myght
and powre yn that countree and chieff causer and meyntenor of
all the said iniuryes and wronges done your said supplyaunt dar
nott nor ys nott of power to cause reformacion and remedye for
hym to be hadde yn the premyssez by the course of your comon
lawes please yt therfore your most noble grace the premyssez
graciously to consyder and to commawnde your gracious letters
under your prevye scale to be directed to the said Abbott and
other forsaid riotous persones commawnding theym and euery of
theym by the same to appere personally befor your grace and
your most honorable cowncell to answere to the premyssez &c.
Appended are : — (i) The answer of John Abbott of Cliffe to
the other defendants named in the bill of complaint, who say that
the matter is determinable at the common law and further state :
that the said John now Abbott and his Predecessours abbotis of
the said monastery be and haue ben seased of the said parcel 1 of
grounde called forty acres in their demeanes as of fee in the right of
their said church as ther seuerall frehold and the said complaynaunt
entending to put the said Abbott from thaduauntage and proficte
of the said grounde utterly claymeth and pretendith to haue a
Chamber Casf3. 67
high waye within the same . . . ther is nor by the tyme that
any man can remembre haue ben eny high way had or used
within the same grounde without that that the said defendauntis
or eny of theym haue stopped the said high way called the
Sidway as in the said bill is surmysed. The said John Ewen
saith that he was and is tenaunt of certeyn grounde in lullekkys-
bourgh unto the said Alexander by reason of which lesse he
accordyng to the custome of the countre ther hath cutt resonable
fuell and frithe1 for his heggis groueng apon his said ten[ement]
and without that that the said defendauntes or eny of theym by
the mayntenaunce and supportacion of the said abbott usen eny
way ouer the seuerall ground of the said Hamlyn all which
maters they ben redie to proue.
(2) The replication of the said Alexander Hamelyne in which
no further facts appear ; he states that the said John Ewen has
no such lease as alleged.
(3) The depositions for the part of Alexander Hameleyn.
Roger Westcote of the age of four score years or ther[e]abowte
examyned and sworen sayth that he hath seyn a waye ouer
[the] xl acres and knowen by the name of the waye ouer the
xl acres but whether yt be the waye called the syde[way]
or not he knoweth not and he herd saye that ther was a crosse
yn the same way. Also the sayd Roger sayeth that John Ewyn
one of the defendauntez stoppyd the sayd hygh way lyyng ouer
the xl acrez butt he knoweth not that the other of the defen-
dauntez were prevy therto and more he knoweth not.
John Westcote of the age of xl yerez or there abowte
examynyd and sworen sayth as Roger Westcote hath sayd as
towchyng the waye also he sayth that Richerd Western and
John Ewen stoppyd the sayd hygh waye lyyng ouer the
xl acres. Also he sayth that Richerd Western was seruaunt to
John Herward and kutte downe certeyn wode yn pyrlewode yn
lullekkesburgh . . . iij or iiij carte lodes by hys estymacyon
whiche wode the said Richerd Western said that he ... of
John Forster and more he knoweth not.
John Beydon of the age of xlvj yerez or ther ab[oute
examynjyd and sworne sayth yn alle thynges concernyng the
high waye as Roger Westcote sayd and more he [knoweth] not.
1 Underwood, brushwood.
68 £tar Chamber Cages.
William Darche of the age of Ixvj yerez sworen and
examynyd sayth yn alle thynges concernyng the waye [sayth as
Roger Westjcote seyd. And he sayth that he hath seyn the mote
of the crosse that stode yn the waye . . . that Richerd Westerne
and John Herward fader yn lawe to Richerd Western stopped
the sayd waye.
Robert Herward of the age of Ix yerez sayth that Richerd
Western stoppyd the said waye by the commaundement of the
abbot of Clyve predecessor to the abbot that now ys. Also he
saith that Jobn Ewen had no lese of Alexander Hamelyne of
any tenement yn lullekesburgh.
John Syterffyn1 of the age of xl yerez saith that Richerd
Western kutt downe viij lodys of wode yn pyrly wode.
John Pole of the age of Ix years saith that one Robert
Smyth Fermer of the said ground called the xl acrez bette a
woman for levyng opyn of the yate of the sayd waye and that
was don xxx yerez past.
(4) The Deposycyons of the part of John
Abbott of Clyve and other.
Thomas Coke otherwise callyd Thomas Richerdes of the age
of Ix yerez sayth that he hath seyn that men haue gon and
rydyn yn the way ouer the xl acrez butt he knoweth not who
stoppyd the said waye.
John Chapman of the age of four score yerez sayth that he
hath knowen a waye usyd ouer the xl acrez by the space of
xx yerez.
Similar depositions were made by John Vycar otherwise
callyd John Truscombe of the age of 1 yerez ; John Chester of
like age ; and Robert Vycary of the age of Ix yerez.
1 The Siderfin family was well known in West Somerset. — Chadwyck
Healey, Hist, of West Somerset, 43, 150, 160, 374, 399, 400. William
Siderfin married Wilmote, the daughter of John Forster, who owned the
manor of Luxborough Eve in the reign of Elizabeth (Chanc. Proc. Eliz.,
file 3, No. 54). William was followed by his son Robert Siderfin. V. C. H.
Somers., MSS., Luxborough.
€&3t<s. 69
Hamlyn u. Ewen.1
HENRY VII., No. no. DATE: c. 1506.
To the kyng our soueraygne lord.
Humble sheweth and complayneth unto your most noble
grace your true subiect and lige man Alexander Hamlyn of
your Countie of Somerset. That where as your said complayn-
ant was peasably and rightfully possessed and seased in his
demeane as of fee of a mese xxli acres of londe iiij acres of
medowe and xxli acres of pasture with their appurtenances
in Lullekkesburgh in your said countie one John Ewen of
Lullekkesburgh by supportacion ayde and mayntenaunce of
William Hewyt of Dunster John Prouse of Crowdon John
Herward of Treburgh thelder John Herward of Sloworthy
George Pytte and John Rakysworth with force and armes that
is to say with billes swords and staffes riotously the xxij day
of Apriell the xxjth yere of the reign2 of your most noble grace
entred into the said mese londes medowes and other premysses
and so contynually kepeth and taketh all issues reuenus and
profectis therof growing contrary to right and consciens and
ayenst all good order of your lawes and also the said wrong-
doers manessen and threthen your said suppliaunt and his
seruauntes so that they for fere of body harme to theym by
the said riotours to be done dar not goo to their market towne
as they have usid to doo for their nessessary causes pleas
it therefore your most noble grace in consideracion of the
premissis to graunte your gracious letters under your pryvie
scale to be directed to the said mysdoers and to euery of theym
commaundyng theym by the same to apere before your grace
and your most noble counsell to aunswere to the premisses.
Appended are (i) the answers of John Ewen and the other de-
fendants who say that : — at a court of the said Alexander and Alice
1 This appears to be an echo of the former suit, and by the age given by
the deponents must have been about the same time. It should be noticed
that the age of John Siderfin is given as 40 in the former and as 60 in this
suit, but this appears to be a slip. 2 1 506.
70 &tar Chamber €a$«(.
his moder holden at Lullekkesburgh in the countie of Somerset
the vth day of Juny the vij yere of the reigne of our soueraign
lord kyng Henry the vijthl the same John Ewen graunted for the
fyne of xls truly content and payde to the said Alexander and
Alice in her full court toke of the said Alexander and Alice the
said mese londes meadowes and pasture specified in the said bill
to haue to hym [for] terme of his liffe by forse whereof he entred
and occupied the same as lawfull was for hym to doo and by
reason of the said lease the said John contynued his possession
till now of late the said Alexander contrary to right and good
conscience hym put oute of the same without that the said
William Hewyt & the other defendants entered into the said
mese londes and other the premisses or kepeth or takith the
issues and profictis of the same as in the said bill is surmysed
or that they or any of them manessen or threten the said
Alexander or any of his seruantes in maner and form as in the
said bill is alleged.
(2) The replication of Alexander Hamlyn in which he says
that: — on John Hamlyn was seasid of a mese xxli acres of londe
iiij acres of medowe xxl1 acres of pasture with ther appurten-
ances in Lullekkesburgh in the said countie of Somerset in his
demeane as of fee and soo thereof seased the said lond is and
other by the name of all his londes and tenementes in lullek-
kesburgh gaff to Thomas Hamlyn and Alice his wif to have and
to hold to theym and to the heirs of their to bodies lawfully
begoten by vertue whereof the said Thomas and Alice were
thereof seased in their demeane as of fee taile and had issue
the said Alexander and afterwardes the said Thomas died and
the said Alice hym ouerlyued and hilde her in her possession
in the same by vertue of the gifte in the taile aforesaid
by survyvor and afterwardes at the court of the said Alice
holden at Lullekkesburgh the vij day of June in the vijth yere
of the reigne of our soueraign lord kyng Henry the vijth the
said John Ewen toke of the said Alice the said mese and other
the premisses to hold the same accordyng to the custome of the
said maner by copie of court rolle and at the will of the said
Alice. And afterward the said Alice died after whos dethe the
said mese and other the premisses descended to the said
1 1492.
Ctyam&cr Cases. 71
Alexander as son and heire of the said Thomas and Alice
by vertue wherof he entered and therof was seased in his
demeane as of fee taile by force of the gifte aforsaid. And
afterward the said John Ewen and other named in the same bill
of complaynt entred into the said mese and other premisses and
kut downe the said wodis as in the said bill of compleynt is
expressed and so yet contynually taken all issues of the same
withouten that that the said Alexander made any lese of the
said mese and other premisses in maner and form as by the said
aunswer is surmysed wherfore in asmoche as the said John Ewen
and other, &c., haue confessed the said offencis and yniuries
done the said Alexander prayeth that they may be compelled
by auctorite of this court to satisfie the said Alexander aswell
for his damages susteyned and had in the premisses as for his
costes of and for the same.
(3) The deposycions of the parte of Alex. Hameleyn.
John Westcote of the age of xl yerez sworn & examynyd saith
that the said Alex. Hameleyn was seasyd of a mese and certcyn
londe with thappurtenauncez in Lullekkesburgh unto the tyme
that John Evvyn by supportacyon of John Rakysworth and
William Hewett entred yn to the said mease but whether that
Alex. Hameleyn made any copy of the said mease or not to
John Ewyn he knoweth not.
Robert Herward of the age of Ix yerez deposeth as above
but that John Ewyn hadd no copy of Alex. Hamelyn of the
said mease.
John Syterffyn of the age of Ix yerez deposith in like
manner also John Pole of the same age.
Thomas Coke of the age of Ix yerez saith that John Ewen
was putt owte of tenementes yn Lullekesburgh by Alex.
Hamelyn uppon whom John Ewen entryd agayne but by what
auctoryte he knoweth not.
Robert Vycar of the age of Ix yerez deposeth as John Pole
aforesaid.
The deposycions of the part of John Ewen and William
Hewett.
John Forster of the age of xl yerez saith that Alex.
Hamelyn entryd yn to a mease and certeyn londe in Lullekes-
72 g>tar Chamber
burgh and was seasyd therof unto the tyme that John Ewen
entred yn to the sayd mease and londe by supportacyon of John
Rakysworth.
John Broke of the age of xlvj yerez saith that he was
admytted tenaunt to Alex. Hamelyn at the first courte that the
said Alex. Hamelyn held at lullekesborough and he saith that
he hadd neuer copye of the said Alexander.
Inhabitants of Draycott and Stoke Giffard u. Sir John
Rodney, kt.
HENRY VIII., VOL. XIII, 83 AND 84. DATE: 1516.
(2 bills and an answer copied on to one skin.)
To the Kinge our soveraigne lorde and to the lordes of his moost
honorable and discrete counsel!.
Please it your highnes to understand of the wrongis oppres-
sions and extorsions doon by Sir John Rodney, Knight,1 unto
your power and faithfull subjectes inhabitantes within the
townes and villages of Draycot and Stoke Gifford within your
countie of Somerset, whose names resteth in sedule to this bill
annexed,2 whereof some are tenauntis to the Lady Lisley your
1 Sir John Rodney belonged to the family which had held the manor of
Rodney Stoke from the reign of Edward I. He succeeded his father,
Thomas Rodney, in 1469-70 at the age of ten. Collinson, iii, 603. He built
a great part of the manor of Rodney Stoke, the ruins of which could still be
seen in the eighteenth century (Ibid., 604). The Rodneys owned other lands
in the county, including the hamlet of Draycot, which was partly in Cheddar
and partly in Rodney Stoke (Collinson, iii, 602). This Sir John Rodney
presented to the church of Backwell in 1488 and 1510, to the church of
Claverham in 1502, to the church of Saltford in 1505 and 1510, and to that of
Winford in 1499 and 1524. Weaver, Somerset Incumbents, 233, 255, 284,
303. Sir John's eldest son, Sir Walter, who was sheriff of Somerset in 1511,
died in his father's lifetime, and Sir John was followed on .his death in 1526
(for his will see Smith, Wills, ii, 542) by his grandson John. The will of
the last-named, proved 31 Jan., 1548-9, mentions his mansion houses of Stoke
Rodney and Backwell, Soniers. Medieval Wills (S.R.S., xxi), p. 103. See
Somers. Visit., ed. Weaver, p. 70, and below, 198-200.
2 See below, p. 80.
Chamber CaSttf. 73
warde,1 some tenauntis to the Lord of Seint Johns3 and some
tenauntis to the saide Sur John. First that where the said
inhabitantes and their auncestres and all those whose estate they
have in their holdes and tenures in the said townes and villages,
by reason therof have used tyme out of mynde to have comen
of pasture in a more within your said countie called Stokemore,
wiche the seid Sur John hath nowe of late enclosed in to his
parke of Stoke and taken as his severall contrarie to right,
justice and good conscience, by reason whereof your seid
subjectis must leave their tenures and holdes whiche is to their
utter undoing. Also the seid Sur John hath now of late
enclosed as his severall cc acres and more of a certain grounde
within your said countie called Myndepe, parcell of your forest
there, contrarie to all right and good conscience, whereas the
seid inhabitantes have used tyme out of mynde to have comen
in the seid grounde so enclosed for their beastes, by reason of
whiche enclosure your seid subjectis are utterly undon. Also
the seid Sur John hath stopped the comen way which all
inhabitantes within the said townes and villages by reason of
their tenures there have used to have to their seid comen. Also
the seid Sur John wrongfully without colour or title of right but
only of his extorte power and might contrarie to all lawes and
good conscience hath taken from oon John Jenyn, oon of your
seid subjectis, and from Mawde Jenyn and Jane Broke widowes,
two tenementis and a parcell of their grounde thereto belongyng,
and also pulled down their said tenementis or houses and hathe
enclosed the same unto his seid parke, and yet the seid Sur John
compelleth them to paie the hoole rent for the premisses
contrarie to all right and good conscience. Also the seid Sur
John at sundry tymes at his courtis holden within the seid
manors of Stoke Gifford and Draycote compelleth suche of your
seid subjectis as be his tenauntis to shewe him their writtingis
that they have of their seid holdes, and when he hath theym in
1 Elizabeth Grey, suo jure Baroness Lisle, who succeeded her father on
his death without male issue in 1504. She died in 1519, being still under
age and a ward of the king.
2 Thomas Doewra, the diplomatist and courtier, who was Prior of the
Hospital of St. John of Jerusalem at Clerkenwell, is described in contem-
porary documents as " the Lord of St. John's." The St. John barony was in
abeyance in 1516,
74 &tar Chamber Cases.
his handes he raseth and delivereth the same so rased to his seid
tenauntis ayen, by colour whereof he daily troubleth and
manasseth thaim to put theym from their seid holdes and
tenours contrarie to all right and good conscience. Also where
as oon John Webbe, oone of your seid subjectis paied unto the
seid Sur John twentie markys for a fyne and to the seid Sur
John is wiffe xl s. uppon twentie yeres past for a tenement
wherof the seid Sur John promised to make astate by his dede
sufficient in the lawe unto the seid John Webbe and his wiff for
terme of their lives, which dede and astate the seid Sur John
denieth to make, albeit that they have oftentymes required him
that to doo. Also where as oone William Kechyn nowe
deceassed paid in his liffe unto the seid Sur John eighte pounde
for a fyne for a tenement and certain lande in Draicote aforseid
to thuse of John Kechin, oon of your seid subjectis, and Isabell
his wiffe, terme of their lives, the same Sur John of his extorte
power hath taken from the seid John Kechyn the best parte of
the seid londe to the seid tenement belongyng, and not oonly
intreteth the seid John Webbe and John [Kechyn] in this maner
but also many and divers of your seid subjectis his tenauntis
contrary to all right and good conscience. Also the seid Sur
John daily compelleth your seid subjectis to leve their own
besynes and to plowe his lande with their oxen and ploweis and
also to carie his wode, tymbre and stone, to his owne house,
without geving unto them any mete, drink or wages for the
same. And if they sey him naix, he manasseth theim to hange,
bete and mayhem theim contrarie to your lawes, and to their
greate ympoveryssing and utter undoyng. Also the seid Sur
John daily occupieth and laboureth their horses and mares as
his owne without their leve or licence, and when the seid horses
and mares can noo more labour he sendeth them home to your
seid subjectis, whiche afterwardes for the moost parte dieth or else
be never able to doo any more service. Also the seid Sur John,
havyng red dere within his seid park, wilfully suffreth the same
to lye daily and nyghtly upon the corne and grasse of your seid
subjectis, who for fere of their lyves dare not ons dryve thaim
awaie. And if thei put anny litle houndes upon thaim to dryve
theim awaie, the seid Sur John and his servauntis killeth the
same houndes, so that your seid subjectis canne kepe noo .maner
tar Chamber CasttS. 75
of dogges nor houndes within their houses to dryve awaie anny
bestes out of their corne, and if remedie be not hadde the rather
in the premises your seid subjectis must of fyne force leve their
holdes and tenours and goo a begging for their lyving, for thei
are not able nor of power nor yet dare to sue for their remedie
in the premissis for fere of their lyves, and soo without remedie
oonles your gracious highnes [sic] be unto them shewed in the
premisis. And also whereas oon Sur Richard Carter,1
clarke, parsonne of Stoke aforseid, oon of your seid subjectis,
was seised of certain lande and also to have comen in the
forseid more in right of his seid churche, whiche comen and
lande the seid Sur John hath kepte from the said Sur
Richard thes many yeres by reason whereof the seid parsonage
is decayed yerly above the some of iiij /*'. contrary to all right
and good conscience, whereas the seid parsonne is not able nor
of power to sue for his remedie in the premises at comen lawe
and soo without remedie onlesse your moost gracious helpe be
had in the premisses. Please it therefore your seid highnes of
your moost habundaunt grace and pety the premisses to
considere and to call the seid Sur John afore your seid highnes
and your moost honorable counsaill at your palaise of
Westmynster ... to aunswere unto the premisses, and to
ordere such direction and punyshment in the same so that your
seid subjectis may be recompensed of their seid injuries and
wronges to thaim committed by the seid Sur John, whiche
amounteth above the some of ccccc markis, and that the seid
Sur John may fynde unto your highnes good and sufficient
suerties of his good abering,2 and also to kepe your pease ayenst
your seid subjectis and all other, soo that the same your subjectis
maye hereafter lyve quyetly and peasably in your seid countie
under your highnes according to your lawes ; and over that that
it wolde please your seid highnes to directe your commission
to endifferent persons to enquire of the extorcions and oppres-
1 He was parson of Stoke Rodney from November, 1496, to his death in
1541. Weaver, Somers. Incumbents, p. 188.
2 There was a distinction between surety of the peace and surety " of the
good abearying " (de bono gestu\ in that the latter " might be broken without
an affray either by the number of a man's company or by their weapons and
harness." Cowell, Interpreter.
76
sions doon and committed by the seid Sur John to many and
dyvers of your power subjectis within your seid countie, whiche
your seid subjectis estemeth to be above the some of one M1 li.
And your seid subjectis shall daily pray to God for the
preservation of your moost royall estate longe to endure.
The aunswere of Sir John Rodney, Knight, to the above bill.
He seieth that the mater in the same conteigned is determinable
at common lawe, whereto he praieth to be remitted. Neverthe-
les for the declaration of the trought concernying the premisses
he seieth as unto the furst and second articules that before the
tyme of the enclosure supposed he was and yet is fully seased of
the maner of Stoke in his demeane as of fee, wherof dyvers of
the complaynauntis be tenauntis to him for terme of liffe by
copie of courte rolle after custorne of the seid maner, and some
be tenauntis for terme of liffe by dede, and some occupieth by
sufferans and at pleasure of the seid Sur John without havying
any copie or dede, and some of the seid compleynauntis be noo
tenauntis ne occupiers of any lande in the seid lordshippis of
Stoke or Drey cot, soo that the said persons whiche be noo
tenauntis make their complaint of pure malice without any
grounde or cause ; and as to those whiche be tenauntis he seieth
that thei ought not ne mai not by the comen lawe prescribe to
have common ayen the seid Sur John, owner of the seid maner
wherof thei be tenauntis, and if thei might, as thei may not, yet
the seid Sur John seieth that it is laufull for him that is their
lord and owner of the seid maner and landes where they pretende
to have com on, to enprowe himself in his owne grounde, leving
to his seid tenauntis sufficient comen ther. And he seieth that
he enclosed a certain other grounde, parcell of his seid maner,
called the Allars, as it was laufull for him to doo, whiche is noo
parcell of the seid lande called Stokemore, which enclosure the
complaynauntis with divers other riotouse personnes to the
nombre of vij score personnes and above riotously with force
brake and pulled up the pale of the seid Sur John there and
then did bren the same ; without that that the seid Sur John
enclosed the seid more called Stokemore. And he ferther seieth
that he suffereth his seid tenauntis to use comon in his seid more
Chamber Case3. 77
as he hath doon in tyme past at his will and pleasure without
any right, in whiche more called Stokemore is more pasture
thenne his seid tenauntis bene able to occupie, without that the
seid tenauntis of Dreycot ought to have any comon in the said
more, [etc.] And whereas it is supposed that the seid Sur John
shuld have enclosed cc acres of landes of Mendepe, wherein the
complaynantes claymeth comon, he seieth that he entendith to
inclose abought xl acres and to leve more pasture in wast
ground ther unclosed thenne all his tenauntis ben able to
occupie, and made a litle wall ther begynnyng the same enclosure,
without that that he hath yet enclosed any parcell of grounde
ther, or that he entendith .to enclose cc acres [etc.]. As to his
stoppyng of a comon wei to the more called Stokemore, he seieth
that he and his auncestres hath suffered the said tenauntis to
have weys to the seid more, wherof the oone wey was thorough
the utter courte of the seid Sur John, and by cause it was a
nusaunce he did stop it, as it was laufull for him to doo, and
suffereth them to occupie the other wey, as esye for thaim as the
other was, soo that thei be not graved thereby but their complaint
only grounded upon malys. As to the iiij th articule he seieth
that the seid Mawde Jenyns is seassed of two tenamentis in
Stoke wherunto is perteinyng certain acres of landes, for terme
of liff, the remaindre to the seid John Jenens for terme of his
liffe, and thei bounden to repayre and repaire [sic\ the seid
tenamentis, and she dwelled upon the oone and occupied not the
other, but suffered it to be vacant and toke therof noo proficte,
by reason wherof it fell in dekey, and to ease the seid Maude of
the reparacion therof, it was agreed betwene the seid Sur John,
John Jenens and Maude, upon their sute, that Sir John shuld
take downe the seid house and inclose the cyte therof into his
orchard ; and the seid Maude alwaies hath and doth yet kepe
and occupie all the lande belongyng to bothe tenamentis, and
soo she hath rather profecte thenne hurte. As to the house of
Johane Brokis he seieth he is not giltye of the imparking therof ;
she dwelleth in Dricote, and holdeth the same tenament, which
lieth in Stoke, of the seid Sur John by copie of courte rolle,
where the custome is that noo tenaunt shall make noo under
tenaunt without licence of the lord upon payne of forfaiture, and
she did let the seid holde in Stoke to another man without
78 &tar Cfjambtr
licence, by reason whereof the seid Sir John did sease a litell
vacant house parcell of the seid tenament as lawfull it was for
him to doo and yet suffereth the seid Johane to occupie the residue
of the same tenament whiche he might laufully sease into his
handes if he wolde. Also as to the fifth articule the seid Sur
John seith that he never raased any dede of any of his tenauntis
and forasmoche as that articule is very slaunderos the seid
Sur John praieth that the said complaynauntis may be compelled
to express the names of suche personnes whose dedes by their
sufmise shulde be so raased and he shall make more presise
aunswere thereunto. Also as to the sixte articule, the seid
Sur John seith that he had a certain fyne of John Webbe for his
tenament long tyme past but howe muche he hadde he is not
perfitly nowe remembrid and whether the seid Sur John is wiff
hadde anny money of the seide Webbe the seid Sur John
knowith not but he seieth that allwaie sith the seid fyne taken
by the seid Sur John, the seid Sur John hath suffered the seid
John Webbe to occupie his seid tenament without any interup-
cion and at diuers courtis hathe caused proclamacion to be made
that all those whiche hadde paied their fynes for their tenamentis
shulde make their dedes according to their couenauntis and the
custume of the courtis and thei shuld be sealed soo the seid
Sir John hath beene redie to seale his dede according to his
covenauntis till nowe of late that the seid John Webbe with
other riotus personnes agayne the kingis pease and contrarie to
the custume of the maner rioutously assembled thaimselff and
put the seid Sur John in great geopardie as by a bill put in to
this Courte by the seid Sur John ageyne the said John Webbe
and other more at large it dothe appere and if it be thought by
your good lordship that the seide John Webbe shulde haue
estate made notwithstanding his misdemeanre the seid John is
redie to doo therin as it shalbe thowght by this courte. And as
for the seuenth articule the seid Sur John seith that for the seid
summe in the seid articule expressed he bargayned and solde a
tenement to William Kechyn for terme of his own lyffe according
to whiche bargayne he occupied the seid tenament for terme of
his liffe without interruption of the said Sur John, without that
he made any bargayne with the seid William for Johon Kechyn
and Isabell his wiffe as is surmised by the seid articule. As to
&>tar Chamber CatfeS. 79
the eight articule the seid Sur John seith that at certain tymes
long passed his seid tenauntis of their good mynde and free will
to his knowlege haue holpen him with their plowes and he hath
in like maner holpen theym with his plowes at their busynes after
the olde custume and ferther seith that at suche tymes as his
tenauntis did help him thei hadde mete and drink conuenient,
and as far as he cowde knowe thei were well contented therwith.
To the ninth article he seith that he never occupied any of the
horses or mares of his seid tenauntis without their good will, as
far as he remembreth ; and if he occupied any whiche miscaried
in his service he hath recompensed the partie therefore, and
praieth that the names of the persons greved and their wrongis
may be in especialte remembred, and he shall make therto
directe aunswere. And to his red dere distroying the corne of
his tenauntis, and his killing their doggis, he seieth that sumtyme
the seid red dere have brokyn out of his parke, and to his
knowlege have don litell hurte in the seid corne, howbeit he hath
oftentymes seid to his tenauntis that thei shuld present or prove
at any courte of his what hurte his seid dere have doon, and he
have bene alwayes redye to make thaim reasonable amendes ; as
to the doggis, he hath commanded his tenauntes to clog their
dogges for the distroying of his dere and waren, and thei wold
not it doo, wherefore at certain tymes whene the doggis of his
tenauntis hath troubled his dere or waren it may chaunce well
that sume of his servauntis hath by chaunce of some stroke
kylled some of their doggis. As to the parsones land, he seieth
that he before this tyme hath occupied oone acre of lande of the
seid parsons by his agrement, and truly hath paied the parsons
former the rent therfore.
Appended to these copies of bill and answer is a copy of the
bill of the said Sir John, complaining that : — John Webbe, John
Hardwicke, Richard Chike, William Giffrys, John Genes, John
Dultyng and William Cade, all of Stoke Rodney otherwise
called Stoke Gifford husbandmen, with other riotouse and evil
disposed persones to the noumber of sevyn score in all, in maner
of a newe insurrection assembled the third daie of Aprill in the
seventh yere of the King's reigne1 at Stoke Rodney aforeseid, and
there with battis and other wepons a pale of the seid Sur John
1 1516.
8o J?tar Chamber Cased.
standing abought the weste parte of a wodde of the same Sur
Johns called the Alders dedde breke downe a greate parte of the
same pale of their vengeable and dispitefull mynde whiche thei
bere agayne the seid Sur John dede ther and thenne brenne ; and
when Sur John was enfourmed therof, entending under good and
peasable maner to pasifie thaim, came to thaim with tow
servauntis with him, and under faier maner intreate thaim to
sease of brennyng of the seid pale, whiche thei wolde not, but
gave to the seid Sur John many dispitfull wordes, and the seid
John Webbe with a pike furke stroke two tymes at the seid Sur
John entending to have slayne him, ho we beit the seid Richard
Chike, one of the seid malefactours, bare the last stroke, seying
let us not slee him for he is our maister. Wherupon the seid
Sur John departed and left them brennyng the seid pale.
Wherefore it may please your grace [etc. etc.].
[The schedule of names above referred to, being the
inhabitants of Draycot and Stoke Gifford, complainants
against the said Sir John Rodney : — ]
Richard Carter, parson of Stoke, Richard William, Richard
Lane, William Hayne, John Webbe, John Hardwich, Richard
Cheke, William Geffrey, John Jenyns, John Sultyng [sic], William
Cade, John Busshe, John Arney, John Sterr, William Gyll,
William Vowlys, William Stacy, Richard Shepard, William
Randalff, Thomas Richard, John Bauler, John Kychewyn, John
Martyn, William Stacy, John Churchehous, John Kychyn, John
Hardwich, John Fowles, William Hayward, John Parsons, John
Burden and John Goulde.
Appended is a writ, dated 5 July 8 Henry [viii]1, directed
to Sir John Bourchier de Fitzwaren, Knight2, the Abbot
of Glaston3, and Thomas Lovell, clerk4, and John Gilbert5,
1 1516.
2 Sir John Bourchier succeeded his father on the death of the latter in
1480. He was sheriff of Somerset in 1519 (Coll., i, xxvii), and was created
Earl of Bath in 1535. Diet. Nat. Biog., G. E. C., Peerage.
3 Richard Bere was Abbot of Glastonbury at this date. He held office
from 1493 to 1524.
4 At this date (1516) Thomas Lovell was sub-dean of Wells (Weaver,
Somers. Incumb., 218). He died in 1524 and was buried in Wells Cathedral.
Collinson, iii, 399.
* The Gilbert family were lords of the manor of Stert near Babcary
J?tar Chamber Casfetf. 81
appointing them to hear, enquire and examine the circumstances
of the dissensions which have arisen between Sir John Rodney,
Knight, and certain of the inhabitants of Draycote and Stoke
Gifford, as set forth in the copies of certain bills and answers,
exhibited in that behalf before the King and his Council at
Westminster, and annexed to the writ, with power to pacify,
conclude and determine the same according to their discretion ;
and, if they are unable so to do, they shall report their proceed-
ings to the King and his Council at Westminster, with what
they may consider best to be done.
Bishop of Bath and Wells u. Seyntlaw.
HENRY VIII., VOL. III., No. 219. DATE: 1523-4.
To the king our soueraign lord.
In most humble wise sheweth unto your highnes your trew
subiect and dayly orator John Busshop of Bathe and of Wells1
that where there hath ben dyuers estatutes made aswell in the
tyme of the right high and myghty king of noble memorie, the
king your father as in the tyme of other your progenitors
agaynst hunters in Parkes and forestes by day and nyght2
conteynyng in themself dyuers and great penalties whiche not-
(Collinson, ii, 61). The will of John Gilbert, Esq., proved in 1557 mentions
the manor of Stert. He describes himself as " unlerned in the law." He was
in the Commissions of Peace for the county in 1509-14, and later.
1 This was John Clerk, Bishop of Bath and Wells from 1523-1541. He
Thomas Wolsey's chaplain and agent, went on various diplomatic missions,
to Rome in 1521,10 France in 1526,10 Rome again in the following year
and to Cleves in 1540. He became Master of the Rolls in 1522-3, was
appointed to the see of Bath and Wells in 1523, and died in 1541. During
his episcopate, most of his diocesan work was done by suffragan bishops.
From his will (proved 17 Jan., 1540-1) he seems to have been fond of
splendour and magnificence. He made detailed bequests of satin gowns,
rings, jewels and gorgeous plate. He died at Dunkirk in Flanders, and his
will contained directions that his body should be buried " in the principal
church of the town of Calais." Somers. Med. Wills (S.R.S., xxi), p. 62 ;
Diet. Nat. Biog.
2 Hunting by night had been specially forbidden by an Act of Henry VII.
I Hen. VII., cap. 7.
82
withstanding William Seyntlaw1 of Knight Sutton within your
countie of Somerset esquier Robert Goodrich late of the same
gentilman John Bademan late of the same yoman John Cham-
penys2 of the parishe of Chiew within the said Countie gent John
Thomas of Banwell within the sayd Countey yoman William
Panter of Stawnton thelder in the countie of Somerset yoman
gatheryd and unytid to thaym other evill and Riottows persons
to the nombre of xvj persons in maner of warr harnessyd and
arrayed being of oon confedracie to hunt in the parke of your
sayd orator callyd Banwell park3 within the said Countie
the xxviij day of Juyn last past abought xj of the clok of the
same nyght with force and armys that is to say swordes and
buklers crosbowys and other bowys and arowys the sayd parke
broke and entryd and ther ayenst the will of your said orator
huntyd and iiij bukkes and many other rascall dere kellyd and
caryd awaye ayen the peax of your highnes and agayn the forme
of the statutes in that caas provydyd and the said riottous per-
1 The family of St. Lo, a younger branch of the St. Lo family of Newton
St. Lo, had long held the manor of Knight's Sutton or North Sutton in the
parish of Chew. John St. Lo held it in 1428 (Fend. Aids, iv, 379). Sir
Nicholas St. Lo, who died in 1486, seized of the manor of Knights Sutton (Cal.
Inq. p.m., Hen. VII., i, 87. For his will see Medieval Wills (S.R.S., xvi),
pp, 373-4), was followed by his son John, who died about two years later.
The latter's heir was his son Nicholas, who was succeeded on his death in
1508 by his son John, then a minor. He played an important part in the
county, and served in Ireland in 1535. He seems to have had a quarrel with
the Bishop of Bath and Wells (L. and P., Hen. VIII., x, 625), but was very
friendly with Thomas Cromwell, and obtained many grants of Somerset
lands (L. and P., Hen. VIII., xv, 1309-13). He seems to have died about
1547. This William St. Lo was his son and successor. He was Captain of
the Guard to Queen Elizabeth and chief butler of England. He married the
famous Bess of Hardwick as the second of her four husbands (Collinson, ii.
96), and died in 1 565. Somerset Wills, ed. Crisp, vi, 24.
2 The will of John Champneys of Chew Magna was proved in 1524.
Smith, Wills, \. 114.
* The manor of Banwell had been held by the Bishops of Bath since the
reign of Edward the Confessor, and the bishops had made a deer park there,
V. C. H. Somers., i, 457 ; Archaologia, i, 354 ; Ministers' Accounts, P.R.O.,
bundle 1131, Nos. 3-7, 9. Curiously enough this very William St. Lo whose
depredations in Banwell Park had vexed the bishop, later obtained a twenty-
one years lease of land in Banwell, and the office of park keeper and the
herbage and pannage of the park for life. The manor had been sold by
Bishop Barlow to the Duke of Somerset, by whose attainder it came to the
Chamber Caste!. 83
sons not satisfied with ther mysdemeanor before rehersyd of ther
further malicious mynde not dreading God your grace ne the
ponysshement of your lawys the xvij day of August then next
ensuyng in Riottous maner assemblyd themself as is beforesaid
to the nombre of xxx persons and above and at x of the clokke
in the night of the same daye with force and armys as is before
rehersyd the said parke broke and entryd and not only with
bowys and arrowys and greyhoundes but also with nettes then
and there did hunt and killyd dere of all maner sortes to the
nombre of xx dere and more and in further dispite dyd sett the
hedes upon the palis of same parke to the pernicious ensample
and also to the great confort and boldenes to other malefactors
to do in like maner if reformation be not had in suche behalfe.
In consideration whereof it may please your grace to direct
severall writtes of Sub pena to euery of the say persons com-
maunding them and euery of them by the same at a certayn daye
and upon a certyn payne by your grace to be lymyttyd to appere
before your grace and the lords of your most honorable counsaill
in your Sterr chambre at Westmynster there to make answer to
the sayd Riottes and to abyde suche ordre and direction as then
and ther shalbe taken upon the premisses.
Bole u. Caraunte.
HENRY VIII., VOL. V., No. 72-76. DATE: 1524.
(Much faded in parts.)
To the kyng ower soueren lorde.
In most humbyll wyse complaynyth and showy th untoyower
heynes yower powre subjecte Richarde Bole1 of Mylborne porte
in your cownte of Somerset husbondman and tennaunte att will
unto Giles Strangweys knyght3 Rycharde VVylby esquier &
Crown. Henry VIII. made the grant to William St. Lo referred to above.
Queen Mary restored the reversion of Banwell on the expiration of this
lease to the bishopric. (Pat. 2 and 3, Ph. and Mary, pt. 8 ; Collinson, in, 567.)
1 The name Richard Bulle appears twice in the pedigree of the Bull
family given in the Visitation of 1623 (Harl. Soc., xi), p. 17.
2 Sir Giles Strangways, kt., was in the Commission of the Peace for
Somerset and Dorset in 1524 and 1530. He had been knight of the shire
for Dorset in 1530, and in June of the same year there is a record of his
84
Nycholas Wylby1 of [& in] a mese cc acres of londe xx acres of
mede Ix acres of pasture with ther appurtenances in Mil borne
porte in the counte of Somerset wherof the seide Giles Richard &
Nicholas now doo stonde & be seased a mong other londes &
tenements in your seide countie in ther demeane as of fee by the
gyft and feffement of on Wylliam Caraunte esquier son & heyer
of William Caraunte late of Tomer3 in the seide cownte esquier
decessed to the use & intent folowyng that ys to saye to the use
of Elyzabeth Caraunte widow the mother unto the seid William
Caraunte the son for terme of her lyfe and to such other uses of
the seide Elizabeth as apperyth as well in indenturs of covenaunte
as also by a warde made by twen the saide William Caraunte
the [son of] the seid Elyzabeth & other . . . for a rich
recompence & satysfacion of all hir right & tyteel of dower
wych apperteynyth unto the seide Elyzabeth of the londes &
tenements that late were of the Inheritaunce of the seide
Wylliam the father after the wych makyng of the seide indentur
. . . subyecte gaff to the seide Wylliam the son nott passyng
iij yeres past xxx li. fir a fyne called a gresse some3 fir the contynu-
aunce & havyng of a tenement & certen londes beyng parcell of
giving an elaborate present to Wolsey — a great horse, a peacock, 40 rabbits,
6 herons, 6 partridges and 2 pheasants. L. and P. Hen. VIII., iv, 5746. In
1524 he had been one of the collectors of the loan for the French War.
Ibid.) 213, 365 and p. 2691. He was one of the country magnates who was
followed by a great train of servants, who were none too popular among
their neighbours. Men spoke freely of their " lewd " rule, and one of
them was committed for robbery in 1530. L. and P. Hen. VIII.) vol. iv,
6683, 6708.
1 These Willoughbys, joint trustees with Sir Giles, were members of a
family owning considerable property in Somerset. Nicholas was in the
Commission of Peace for the county.
2 The Carent family owned lands in Milborne Port, Berkeley, and Fairoak,
as well as the manor of Toomer in Henstridge, which had been their seat
since the reign of Henry IV., when Sir William Carent married Alice
Toomer, heiress of the family of that name (Collinson, ii, 366 : Feud. Aids,
iv, 423, 428). The William Carent of this suit was the son of the William
Carent of Henstridge, who died in 1516 {Medieval Wills (S.R.S., xix),
p. 186). He was sheriff of Somerset and Dorset in 1522 (Coll., i, xxxviii).
He married Elizabeth, daughter of Hugh Luttrell of Dunster, and died in
1564. Hutchins, Hist, of Dorset, iv, 112.
3 This is " Gersuma," a special name given to the fine paid on entry into
lands held on lease.
85
the premyssys to have the same to hym & hys wife . . . rent
as other auncestors of your seide subjecte the same to fore hylde
& hadd Soo yt is most graceus lorde that the seide William
Caraunte the son sent unto the seide Richard Bole by on John att
water his seruannt [to demaunde] the payment unto hym of the
some of xxvj. the wych was due by the seide Richard Bole to be
payd unto the seide Gyles Strangweys Richard Wylby & Nicholas
Wylby to the use of the seide Elizabeth ... in the fest of
Seynt Michell the archangell in the xv yere of your most nobyll
Rengne1 the wych for as mych as the seide Richard Bole well &
perfectly know that the seide rent was due to be payde to the
use of the seide Elizabeth . . . William Caraunte the son
the seide Richard Bole denyed, & refused to make payment
therof to the seide William Caraunte the son as well and laufull
was fir hym to doo wheruppon the seide Wylliam Caraunte the
son toke . . . the seide Richard Bole & therefore of his
malicyous mynde intendyng utterly to undoo & dystroye your
seide subyecte & to avoyde & dryue hym from the occupacion of
his seide Tenement & ther by to putt hym from his lyue . . .
the seide fyne of xxx li, nee yett that the seide Gyles Strang-
wyse & other his seid cofeffes ware seased of the premyses to the
use of the seide Elyzabeth the xxij day of December last past
. . . William Warman of Wyke in the Cowntie of Somerset
husbondman John Clyve of Mylborne Porte in the same counte
weuer Thomas Franker of ye same husbondman John Togoode
of the same husbondman Rafe Chamberlen of the same laborer
John Brownyng of the same husbandman . . . laborer &
Richarde Whyte of the same laborer with other dyuerse evyll
dysposed & mysruled persons to the nomber of xj persons to
spoyle & dystroy ye hegys & inclosures of the ... of the
seide tenement & also the . . . hath kept & socoryd &
susteyne his cattell this wynter tyme wheruppon the seide
Wylliam Warman with the seide oder evyll dysposed persons
with hym accompaned in executyng of the same malycyus
& ryottose commaund of the seid William Caraunt the
son the seid xxij day of December cam with force & armes in
riotus maner contrary unto your pesse and lawes into the
seide tenement & than & ther felled & cut downe xl elmes
1 1524-
86 g>tar Chamber
and asshes growyng in the hegges of the said tenement & . .
the same hegges & the seide grasse with ther waynes & oxen by
the halyng and spylyng the seid trees to the grett hurte & losse
of yower seide subyecte & wherby he ys indaunger of the losyng
of his cattell for lak of sustenaunce this wynter of the wych ther
force & riotus entre In felling and cutting down of the seid elmes
asshes hegges & dystroyeng of the gresse of yower seide subyecte
the seid Wylliam Warman and dyuerse other of the seide
mysruled persons war of ... att the Sessions holden at
Ylchester in the seide cownte of Somerset lawfully indyted, wher
uppon the seide Gyles Strangwyse and other his cofeffes, ther
fermers and tenauntes war by ... the pesybyll possessyon
of the premysses, wych nott withstandyng the seide William
Caraunte the xj day of January last past, as a man not feryng
your heynes nor your lawes ... in ryotous and forcybell
maner entered agen into the seide tenemente and londe of your
seide orator. And over that the seide William Caraunte on the
xj day of January in the seide xv yere of your most nobill
reigne ... to the intent your seide subgecte shuld not be
abyll to plowgh the lande apperteyning to the seide tenement
. . . the oxen off hys plowe1 Wher uppon the seide John Att
Water and John Baker than and ther the seide xj daye entered
and toke iiij off the plowe oxen of your seide subyecte and them
drave . . . wherby your seid subyecte cannot plow his seide
londe. And after the seide William Caraunte the son solde the
seide oxen unto one Thomas . . . Ke . . . And for so
mych as the seide William Caraunte the son is a man of grett
power and well kyned alyed and frended in your seide cownte of
Somerset, and hath many lyght persons aboute hym att all tymes
to fulfyll his balefull purpose and comaundementes, and that
your seide subyecte ys a pore man, not abill to abyde his malyce,
1 This taking of the oxen was, of course, by way of distress for the rent
claimed by William Carent. The object of a distress was "to bring a
man to appear in court or to pay a debt or duty denied." The usual effect
of a distress was to drive the party to replevy the distress and take action of
trespass against the distrainers. " Some of the things for which a man
might distrain were homage, fealty, scutage or other services, fines, or
' damage feasaunt,' but not for rent due from the land except on the land
charged therwith." Carent's action therefore seems to have been of very
doubtful legality.
Chamber CaStS. 87
nor to sewe the comon lawe for remedy in the premysses agenst
hym, and also by cause your seide subyect is in grett fere and
dowte of his person by reson of the seide lyght persons as abyde
uppon his seide tenement for as mych as yt ys butt a myle from
the mancion place where the seide William Caraunte the son
dwelyth, by reson wherof your seid subyecte doth nott only lose
the hole profettes of his tenemente . . . butt also he ys
contynually in grett jepardy of his lyfe by the seide William
Caraunte the son and his adherens. In consyderacion wherof,
and for as mych as the seide William Caraunte the son is att this
present tyme within the cyte of London or nere abowte the
subbarbys of the same, that yttmay plese your heynes that your
serjeaunte at armes may have in comaundement to goo for the
seide William Caraunte the son, comaundyng hym personally to
appere beffore your heynes and other the lordes of your most
honorabill cowncell in the sterr chamber at Westminster ther to
answer [etc. etc.].
Ibid. No. 73. The answer of the defendant is that he is not
guilty of doing anything against the King's peace, and that the
other matters surmised in the bill are determinable at common law.
Ibid. 74 and 75. Interrogatories and depositions in the same
suit.
Thomas Atwater, sworne and examynyed in and upon the
premisses, sayth that one John Attwater and one John Baker,
servantes unto the said William Caraunte the xvth day of
January in the xv yere of the Kynges moost noble reign came
unto the tenemente of the said Richard Bulle at Milborne Porte
and distraynyd foure of the plowe oxen of the said Richard
Bulles, and them frome the said tenemente drave unto Marnell1
in the countie of Dorset. Wheruppon the said Richard Bullc
sewyd unto the shereve of Dorset to have a replevyn2 wherby he
myght have delyverance agayne of his said oxen. Wherupon
the shereve directyd a warante unto the said Thomas Atwater
and one William Baron to make delyverance of the said oxen
1 Marnhull in Dorset, which is about three miles north of Sturm inster
Newton.
2 i.e., to obtain a writ Rcplegiare facias, the distrained person giving
security that he will prosecute the action against the distrainer, see Cowell,
Interpreter,
Cljambtr
unto the said Richard, [and] they made delyverance to the said
Richard Bulle at Marnell forsaid. And that then as the said
Richard Bulle was dryvyng his oxen home to his said tenemente
agayne the said John Atvvater and one Thomas Prancker at a
place callyd Kynges Mille in the said parishe of Marnell and
within the said countie of Dorset toke the said oxen agayne
frome the said Richard Bulle, affirmyng that the oxen were the
said Thomas Pranckers, for that the said William Carante had
them sold unto him for the summe of iij li. xiij^. \\\}d. which
money the said Thomas Prancker said he payde unto the said
Willyam Carante at Shaftysbury. And further the said Thomas
Atwater sayth that the said Thomas Prancker hath all tymes
synse occupyed the said oxen in his plowe.
Willyam Baron also sworne affirmyth in every thyng as the
said Thomas Atwater hath shewyd.
Carter u. Lewis.
HENRY VIII., VOL. VIII., No. 157. DATE: 1526.
To the Kyng our soueraigne lord.
In most humble wyse schewyth and complaynyth unto your
hyghness your trew and faythfull subgett James Carter clerkc1
parson of the parysshe churche of Breene in your countie of
Somerset that where your saide orator was laufully instituted
and inducted in the saide parsonage of Breene at the presentment
of Sir Arthur Plantagenet knyght Vicount Lisley2 rightfull
1 James Carter was instituted to the church of Breane on 23 December,
1523. According to the Bishop's Register the presentation was made by
Lawrence Gumby (Weaver, Somcrs. Incumbents, 32), who may have presented
by grant from Viscount Lisle. The presentation in 1504 was made by
Sir John Grey. James Carter held the living until his death in 1547, so that
the " intrusion " of John Lewis, clerk, must have been rendered void by the
Star Chamber.
2 Sir Arthur Plantagenet, Viscount Lisle (? 1480-1542), was the natural
son of Edward IV. by Elizabeth Lucie. He was an esquire in the bodyguard
of Henry VIII., and married in 1511 Elizabeth, daughter, and eventually
heiress of Edward Grey, Viscount Lisle, obtaining a grant of the title in 1523.
He was Deputy of Calais in 1533, was arrested in 1540 on a suspicion of a
design of betraying Calais to the French. He was declared innocent in
1541-2, but died in the Tower from anxiety and excitement in 1542. Diet,
J?>tar Chamber Cases. 89
patron of the same and hath ben yn peasable and laufull
possession of the same parsonage by the space of iij yeres and
more and therof hathe taken the profittes withoute lett or
interupcion of any person untill the fest of the assumpsion of our
blessed ladie last passide at whiche tyme one John Lewes clerk1
dide intrude yn the said personage withowte any maner of title
laufull and by the saide intrucion and spoliacion by the beryng
and mentenaunce of on John Finneres2 clerke William Harreis
and Thomas Dun3 whiche the same tyme and dyuers tymes syns
in riotous maner assembled them self and with force haue
wrongfully taken the tyythe corne there and other oblacions and
profyttes there and yett forceably do kepe the same and will yn
no wyse suffer hym to entre yn to his saide personage nor to take
the profyttes therof nor will yn any wyse suffer hym to say any
seruyce of God there but at suche tyme as your saide subgett
comyth yn to his saide churche to do his devyne seruyce ther the
saide mysruled persons will in no wyse suffer your saide orator to
haue nother uestment ne Chalice withyn the same Church to the
utter undoyng and impoueryssheyng of your saide subggetand to
the most peryllous example of all suche like offenders yf condinge
punysshment be not schortly prouydid yn this behalf. In
consideracion wherof i[t] may pleas your highnes etc.
Nat. Biog., G. E. C., Peerage. Sir Arthur had obtained the advowson of
Breane by his marriage with Elizabeth, daughter of Edward Grey, Viscount
Lisle, who died in 1492 (Cal. Inq. p.m., Hen. VII., No. 764). He was
followed by his son John, the second viscount, who died in 1504, leaving as
his heiress a daughter, Elizabeth, who died childless in 1519, when her
estates, including the advowson of Breane, passed to her aunt Elizabeth,
who became the wife of Arthur Plantagenet. L. and P. Hen. VIII., vol.
xvii. 1542, Nos. 34, 92, 145.
1 Though this John Lewis failed to make good his claim to Breane, he
seems to have been presented by Viscount Lisle to the church of Uphill in
1532. Weaver, Somerset Incumbents, p. 202.
2 He has not been identified. A John Fynmore was vicar of Dunster in
1514 and 1515 (Somerset Incumbents, 361), and a John Fynncr of North
Petherton is mentioned in a Somerset will of 1530. Wells Wills, ed.
Weaver, 117.
3 A Thomas Dunne of Cocklington is mentioned in 1548. Somerset
Chantries (S.R.S.), 129.
N
go £?tav Chamber
Crosse u. Ap Ryce.
HENRY VIII., VOL. IX, fo. 227. DATE: 1527-1547.
To the Kyng our Soveraigne Lorde.
Lamentably shewith unto your most excellent Highnes your
dayly oratore and bedman unto Godd one John Crosse of
Longford Budfylde in your countie of Somerset husbandman.1
That wher as your said orator was seysed of a mese with his
appurtenaunces called Spenserslonde with xl acres of londe,
sex acres of pasture, one acre of medowe and iiij acres of wodc,
lying within the parryshe of Bodyalton within your said countie
of Somerset, in his demeane as of freholde, whiche one Robert
Bluet2 before held of the graunt and demyse of one William
Tamffelde esquere and Isabell his wyffe,3and whicche John Crosse
1 He has not been identified. The pedigree of Crosse of Charlinch is
given in Somerset Visitations, p. 105, and a John Crosse, owner of a shop in
Taunton, is mentioned in 1 548. Somers, Chantries, 198. The family of Crosse
was well known in Ashbrittle and Langford Budvile. The will of Thomas
Crosse of the former was proved in 1505, the wills of Ambrose and
Dorothy Crosse of Langford Budvile being proved in 1594 and 1603. Smith,
Wills, iv, 100, 113.
2 The Bluets were lords of the manor of Almsworthy in Exford. Richard
Bluet left two sons Nicholas and Robert ; the latter is perhaps to be identified
with the Robert Bluet, of this suit. Nicholas left a son of the same name
who married Agnes Sydenham of Nettlecombe. (V.C.H. Somers., MSS.
Exford, Chipstable and East Bagborough.) Robert Bluet may perhaps be
the "Mr. Bluet" of a later suit (see p. 245). A Robert Bluet who owned
burgages in Wellington and Chard is mentioned in 1532 {Wells Wills, 183)
and 1548. Somers. Chant., p. 173.
The manor of Bathealton ultimately came to the Bluet family. It had
been held in the I4th century by the Sydenhams (Court Rolls, 36 Ed-
ward III. to 31 Henry VI. Portfolio 198, No. 6, to Portfolio 199, No. 41) and
in the 1 5th century by Robert Sydenham and William Poulet jointly (Feud.
Aids, iv, 379, 437). At the date of this suit the manors in this parish were
held by John Sydenham (Inq. p.m., Ser. ii, vol. 25, No. 23) and Hugh Poulet
of Hinton St. George (Inq. p.m., Ser. ii, vol. 167, No. 78) and it is therefore
difficult to see what right William Tanfield had in the parish, unless he held
some extra-manorial lands.
3 William Tanfield of Gayton, North Hants, was lord of the manors of
West Bagborough and of Fideock in Bishops Hull at his death in 1529.
: Chamber Cases. 91
the premysses yet holdyth and injoyith, savyng that that one
John ap Rise, clerke,1 parson of the churche of Aysshebretell
within your said countie one acre of londe lying in a serteyne
close called Crete Wodons, the hole conteynyng a x acres of
londe, hath wrongfully with force of armes by oppressyng with
helde from your orator the space of fyve yeres, and yet doethe,
contrary to all good right and conciens to the grete hurte and
hinderans of your said orator. And furder thereof not only
taketh wrongfully the profyttes but also doth pasture and comon
in and upon all the said Close of a xj acres to the utter undoyng
of your said oratore, onles your Graces Hyghnes to hym be
moved with pytye in that behalf. Wherfore it may plese your
Graces Hyghnes, the premysses tenderly concydered, to graunt
your most gracious wryte of suppena to be directed unto the
said John ap Ryse, clerke, commaundyng hym stray tely by the
same uppon a payne by your Highnes to be lymyted, to appere
personally before your moost excellent Highnes and your most
honorable councell and at a serteyne day [etc. etc.].
Dovell u. Hobbys and others.
HENRY VIII., VOL. XIII, No. 23. DATE: 1528.
To the kynge our souerainge lorde.
Lamcntablye complaynyng shewithe unto your highnes your
true and feythfull subiects and daylly oratours Bernerd Dovell3
Johan hys wyfe and Fraunces Dovell ther doughter of Oldclif in
the countye of Somersett that where as your said oratours were
seased in the demeane as of freholde for terme of ther lyves of
He had married Isabel Humphreys and was followed by his son Francis
Tanfield, who died in 1558. V.C.H. Sowers., MSS. Bishops Hull.
1 John Ap Rice was incumbent of Ashbrittle at some time between 1527
and 1547. The date of his institution is not known. Weaver, Somerset
Incumbents, p. 309.
2 This was probably the Bernard Dovell who at the Dissolution bought
£40 worth of stone, plaster, etc., from the Abbey of Cleeve to build his
mansion in Cleeve. He was murdered there in the reign of Philip and
Mary. Star Chamber Proc. 3 and 4 Ph. and Mary, bundle i, No. 41.
V.C.H. Somerset, MSS. Old Cleeve.
Jz'tar Chamber
and in ij tenementes with the appurtenaunces cxx acres of landes
medowes and woodes in Withycombe in the countye aforesaid
parcell of the londes belongynge to the chauntry of Netylcombe
called the chauntry of Symon Rawlegh1 of the lease and dimise
of one John Michell clerke chauntre preste of the chauntrye
perpetuall of Netylcombe aforesayde so it is most soueraigne
lorde the vjth day of Apryle the xixth year of your most royall
reigne that on John Hobbys2 Johan his wife and Richard ther
sonne Hugh Kytt and Davyd Inyne with dyuers other ryotours
and mysruled persons to the nombre of viij persons unlawfully
assembled and riotously in the maner of warre arrayed with
swordes buclers billes staves and other wepyns into the said
mesuages ryotuosly and with force entred and there riotuoslye
and with force contynued unto the xiijth daye of June nexte
folowyng for the whiche forcyble entre the said John Hobbys
was indyted and a writt of restitucion3 was awarded according
to the statute to put your said oratours in possession of the
premisses by reason whereof your said oratours entred into the
said premisses and were thereof seased and toke the profites
thereof unto the ij daye of Nouembre nexte folowing at the
whiche tyme the said John Hobbys Johan his wife Richard ther
sonne Thomas Keper John Lewys withe many other ill disposed
and suspect persons with swordes buclers bowys arrowes bylles
and staues puttyng your said oratours in ieoperdye of ther
lyues drave and bete them owte and from the possession of the
premisses with force and riotuoslye ageyne entred and there
toke within the said mesuages vitells bredde ale flesshe fysshe
stuff of howshold pannes pottes pewter vesselles xvj syluer spones
with Jewells rynges and other plate xxx unces of brooke4 syluer
iij flocke beddes iiij fetherbeddes couerlettes and blankettes to
the same xvj peyre of shetes syxe dosyn of napkyns table
clothes towelles kerchiefs di. dosen of coschyns with other
1 Lands in Withycombe belonged to the chantry of St. John the Baptist
in the parish church of Nettlecombe. At the date of the Dissolution the
chantry was valued at £7 135. \\\d. net. Somers. Chant., pp. 48, 243.
2 He has not been identified. The will of David Hobbes of Stogussey
was proved in 1559. Somers. Wills, ed. Crisp, iii, 97.
3 See below, p. 115, n. 3.
4 I.e., broken silver, " brooke " being an obsolete passive form of broken,
cf. stony broke.
Cljambtr CaSfsf. 93
apparell as gownes cotes withe other rayment of your said
oratours xx yerdes of blacke velvett ccccc yerdes of kanvas
holondes and dyuers other marchandise billes and bookes of
reconnynges evidences and other writynges fast in chest
loken all the whiche goodes the said John Hobbys Johan his
wife and Richard ther sonne haue conuerted to ther owne use
and in the same riotuse maner the said John Hobbes and the
other aforesaid riotours contynued the possession of the premisses
unto the xth daye of Decembre laste passed that your said
oratours in peasible maner reentred into one howse parcell of
the premisses and brought thither vitells bedding stuf of howse-
holde and dyuerse merchandise and there peasibly kept possession
unto the xviijth day of December then next folowing at which
tyme the said John Hobbys Johan his wife and other riotours
not yett satisfyed but contynued in ther malice ageyne your said
oratours entred eftsones in suche riotouse maner into the
premisses and ther brake doores lockes and toke and caryed
away other parcell of goodes and marchandise of your said
oratours whiche stuff of howsehold and goodes aforesaid so
takyn awey at dyuers tymes in all amountythe to the somme of
cc marks and aboue whiche the said riotours hathe and dothe
daylly conuert to ther owne use and the same riotours from that
day hitherto to thentent utterly to expell your said oratours of
the premisses and ther goodes for euer haue hyred one John
Leuys Thomas Kepar with other riotours to kepe parcell of the
saide goodes beinge not yett spent by them and the possession
of the premisses with force and strength to the utter undoyng of
yours said oratours and to the moste perillous example to other
lyke offendours that may be onles spedy reformacon by your
highnes in this behalf be provided Pleaseth it therfore your said
highnes the premisses considered to graunt seuerall writtes of
sub pena to be directed unto the said John Hobbys Johane his
wife Richard Hobbys ther sonne John Lewes Thomas Keper
Hewgh Kytt and Dauid Inyne commaunding them by the same
to apere before your highnes in the sterre chamber at a certen
daye and uppon a certen peyne by your highnes to be lymyted
there to answer to the premysses.
94 Jktai- Chamber
Alye u. Abbot of St. Augustine's, Bristol.
HENRY VIII., VOL. I, No. 132. DATE: 1528.
This ys the replicacyon of Thomas Alye to the seuerall
aunsweres of William Abbott of Saint Augustyne by
Bristowe1 Hugh Phelippis Walter Phelippis John Mery-
fyld, Robert Southall, Daniel Morgan, William Robert
Basset, William Parsonys, John Stone, William Nayllar,
Thomas Baten, John Awode, John Frax, William
Crowther & William Jarmyn.
The seyd Thomas Alye sayth that hys seyd byll3 ys both
certayn & sufficient yn the lawe to be aunsweryd unto & the
mater yn the same contaynyd ys mater of trewyth & not fay-
nyd nor untrue ne contryvyd to any suche intente as yn the
seyd aunsweres yt ys alleggyd & furdermore sayth yn euery-
thyng as he hath sayd yn his seyd byll & also sayth that the
seyd aunsweres be untrue yn euery thyng. He saythe that the
seyd John Kekewyche nameyd yn the seyd aunswere ys seasyd
of & yn a tenement with certayn land therto belongyng yn
Bowre Aston adioynyng to the seyd fery parcell of hys maner of
Aston Theynes3 within the countye of Somerset yn hys demean
1 The Abbey of St. Augustine's was founded between 1120 and 1248 by
Robert Fitzharding, ancestor of the Berkeley family. The Abbot who was
defendant in this suit was William Burton who became Abbot in 1534 and
held office until 1537, when he either died or resigned, being followed by
Morgan Williams the last Abbot, who surrendered the Abbey to the King
9 Dec. 1 539. Dugdale, Monasticony vi, 364.
2 Though the bill and answer are wanting the substance of them can be
made out from the replication and rejoinder and the depositions of
witnesses.
3 The manor of Aston or Ashton Theynes was one of the several
manors in the parish of Long Ashton. It had been owned by Sir John Juyn
or Inyn of Inyn's Court, Bedminster, who was recorder of Bristol and Chief
Baron of the Exchequer. At his death on 20 May, 1439, it passed to his son
William Juyn (called Inyn by Collinson) and from him to his daughter and
heiress Alice. She married as her first husband Robert Bowring who is
several times mentioned in this suit, and as her second husband John
Kekewich of this suit. Alye, the plaintiff, alleged that the disputed ferry
had been leased to him for life. On the death of Alice Kekewich without
issue in 1529, the manor of Aston Thaynes passed to her cousin John Kenn,
the son of Sir John! Inyn's daughter Isabel. He was followed by his son
Christopher who sold the manor to the Smyths in 1584. Collinson, ii, 284,
295.
Chamber Catfcg. 95
as of fee to whyche tenement the same John Kekewyche & all
other parsonys whose astate yn the same tenement the same
John Kekewyche now hath haue useyd to haue a fcry bote1 & to
fery & cary men & hors with the same bote from the west syde
of the seyd fery or passage beyng within the countye of
Somerset aforeseyd adioynyng to the seyd Tenement ouer the
seyd water unto thother syde beyng within the countye of Glouc'
& there to land them uppon the seyd abbottes grounde tyme
owte of mynde takeyng of euery fote man a farthyng & for euery
man & a hors a halpeny for ther passage oucr the seyd water
whyche John Kekewyche long tyme byfore the seyd riottes com-
mytted dyd lett & dymyse the seyd tenement & land with the
same fery unto the seyd Thomas Alye for terme of his lyfe
by force whereof the same Thomas was therof seasyd yn hys
demene as of freehold & so seasyd occupyed the seyd fery as
lawful was for hym to doo unto the tyme that the seyd abbott &
the seyd other defendauntes yn the seyd bill namcyd wrongfully
& riottousely hym therof disseasyd & toke his seyd Bote as yn
the seyd bill of complaynt yt ys allegged without that that the
seyd abbott & his predecessors tyme out of mynde or any tyme
haue be seasyd of the . . . le passage & fery yn maner
& forme as yn the seyd aunswere yt ys untruly alleggyd tyll
nowe of late that the seyd abbott & the other seyd . . . r
. . . parsonys wrongfully & riottousely as yn the seyd byll of
complaynt ys specyfyed toke the seyd bote & commyttyd the
seyd riottes & without that that the seyd Thomas Alye hath by
the procurement of the seyd John Kekewyche wrongfully or
w . . . ytte put uppe any bote or wrongfully feryd any man
or hors ouer the seyd water or wrongfully tyed his bote to the
1 The ferry in dispute, described below as Rownham Ferry, was of con-
siderable importance, uniting the counties of Gloucester and Somerset and
one of the chief means of communication between the populous city of Bristol
and the places on the Somerset side of the river Avon. Though the record
of the decree made by the Star Chamber in this case is, as usual, lost, the
defendant seems to have made good his title, and Rownham Ferry became,
after the Dissolution, the property of the Dean and Chapter of Bristol, from
whom it was purchased by the Corporation. (Nicholls and Taylor, Bristol,
iii, 316). A ferry boat still plies to and fro across the Avon but since the
erection of the suspension bridge from Clifton to Long Ashton (Stat. 24,
25 Viet. cap. 1 12) and of other bridges it has become less valuable.
96 J?tar Chamber
frehold of the seyd monasterye to the dysheryson of the seyd
monasterye as by the seyd aunswer of the seyd abbot & the seyd
codefendauntes ys untruly alleggd & without that that the seyd
John Tynterne & Humfrey Rychardes be gyltye of eny wrong
by them done or commyttyd ageynst the seyd abbott as by the
seyd aunswere yt ys also untruly alleggeyd & without that that
the seyd abbott or any of the seyd other defendauntes yn the
seyd aunswere nameyd lawfully toke or myght lawfully take the
seyd bote fer any suche cause as by the seyd aunswere yt ys
also untruly alleggeyd but only by reson of hys extort power &
myght without any tytle or just cause so to do & without that
that any other mater yn the seyd aunswere comprisyd beyng
materyall & aunswereable ys true all whyche maters the seyd
Thomas Alye ys redy to prove as this courte woll awarde & yn
as myche as the seyd abbott hath confessed the wrongfull take-
yng of the seyd bote & that riottousely & contrary to the lawe
the seyd Thomas Alye prayth that the seyd abbott & the seyd
other defendauntes may be punyscheyd for the same accordyng
to ther demerittes.
HENRY VIII., VOL. XIII., No. 134.
The rejoynder of William Abbott of Seynt Austens by
Bristow Hugh Phelips & other defendauntes to the
replicacion of Thomas Alye.
They say that the said abbot & his predicessors tyme owte
of mynde haue byn seasid aswell of the hole passage of Rownam
Fery on the water of Aven specyfied in the said bill of com-
playnt aunswer and replicacion as the said acers next adioynyng
to the same water and passage and by all the same tyme haue
used to have a fery bote to cary & convey the Kynges subigettes
over the same water fer such resonabill profyte & toll as ys
specifyed in the said aunswer in maner & forme as in the same
aunswer ys alleggyd and that the said compleynaunt nowe a late
by the procurement of the said John Kechwiche namyd in the
said aunswer hath sett up a fery bote & ther yn wrongfully hathe
conveyed ouer the said watter dyuerse of the Kynges subigettes
& tyed his said bote and landyd upon the frehold of the said
abbote in maner and forme as in the said ^aunswer ys also
Chamber Cajtof. 97
aleggyd and ouer this aueryth all and euery thyng conteyned in
ther said aunswer to be true without that that the same John
Kechwiche and all those whoys estate he hathe in the said
tenement specifyed in the said replication tyme owte of
mynde have usyd or ought to have eny fery bote to the
same tenement to cary and fery men and horse ouer the
said water & to land upon the said abbottes grownde or to take
eny profyte for the said feryage in maner & forme as in the said
replicacion is untruly surmytted.
VOL. II, Nos. 240-242.
Here affter folowyth the deposicions taken at Saynte
Awstens besides Bristowe the xxvth day of Januarij in
the xixth yere of the reign of Kyng Harry the viijth
bifore Syr William Denys, Knyght,1 and William Vowell,
gent,2 commyssioners in a Matter depending in
variaunce bifore the Kynges most honorable councell
betwene the abbate of the monasterye of Saynte
Awstens beside Bristowe of the oon partye and Thomas
Alye of Long Asshton in the countye of Somerset,
barbour, of the other partye.
Imprimis at the seyde day and place Thomas Alye with his
counsell apperid and the seid abbate and his councell apperid also.
For the parte of Thomas Alye.
John Kekewych, gent', shewed forth a dede indented bering
date the xxviijth day of Maij the xjth yere of Kyng Henry the
vjth, by the which it doth appere that oon Norman Weshborne
esquier did lett to Water Pore and to other all his messuage
nexte to the passage of Rowneham within the parissh of Ashton
forseid with a close therunto adjoynyng, with londes, medewse,
woddes and pastures, together with the passage of the water
ther, and also all the profites of the same passage comyng, as
1 Sir William Denys, who had been knighted in 1520, was in the
Commission of the Peace for Gloucester at the date of this suit.
2 William Vowell was in the Commission of the Peace for Somerset in
1543-4. (L. and P. Hen. VIII., vol. xx, pt. i, p. 317.) He may perhaps be
identified with the William Vowell who held part of the manor of West
Luccombe in 1529. Chadwyck Healey, Hist, of West Somerset^ 107 ;
Somerset Visitations ; 114.
O
98 J*>tar Cljambtr
fully and holye as oon John atwater before it did hold, to have
to the seid lesses for terme of their lyves, which dede is
sealed with a seale of armes, which1 the seid John Kekewich did
lett to ferme to the said John Alye.
Also another dede indented sealed, bering date the fyrste day
of October the xvth yere of Kyng Henry the vjth, by which oon
John Brice and Margarete his wyf did geve a mese with other
landes together with the seid passage to oon Water Poore and to
Jane his wyf in especiall taile. Also an indenture sealed dated
the xviijth day of March the xiijth yere of Kyng Henry the vijth,
by the which Robert Bowring and Alice his wyf made alese to
John Graunte and Julian his wyf of a tenement with
thappurtenannces lying at Rownham in the shire of Somerset in
the west parte of the rever called Aven, the which oon Robert
Poynez2 late held, also the passage and ferry that belongeth to
the seid Robert and Alice at Rowenham forseid, foriiij score yeres.
Also another indenture sealed bering date the xxvijth day of
Aprile the xxth yere of Kyng Henry the vijth by which the seid
Robert and Alice did lett the premises among other thinges to the
same John Graunte and Robert his son for Ixx yeres then nexte
ensuyng.
Also certen deposicions taken by the Lord Fitz James, nowe
chef Justies of Englond,3 and wrytten with his owne hand, as the
seid John seieth, taken upon the examination of William Cockes,
now ded, and of John Petfyn of Bedmister, of Richerd Whytyng-
ton, Thomas Ed wardesof Long Ashton, William Piersand Thomas
Piers of the same, conceryng the premisses as by the same more
playnly it doth appere.
John at Water of Bedmister, husbondman, of thage of liiij
yeres, tenaunt to the Erie of Essex,4 seith that oon Robert
1 A clause is evidently omitted here.
2 He was perhaps a descendant of the Robert Poyntz who held a moiety
of the manor of Ashton Philips in Long Ashton in the fifteenth century.
Collinson, ii, 296.
3 This was Sir John Fitzjames who was Recorder of Bristol in 1510,
attorney general in 1519, lord chief justice of England in 1529. He retired
from office in 1 538, and died about 1 542. Diet. Nat. Biog.
4 The manor of Bedminster, forfeited to the Crown by the attainder of
the Duke of Buckingham in 1521, was granted by Henry VIII. to Henry
Earl of Essex, who held it until his death in 1539. Collinson, ii, 282.
Chamber Catfetf. 99
Bovvring was in all the countree there taken as owner of the seid
ferry in the ryght of Alice his wyf, and he did knowe that oon
Robert Poynez and oon Naylor affter the seid Poynez did occupye
the seid ferry as tenaunte to the seid Bowring, and that he never
herd any man sey but that Bowringes wyf and her aunceltors
were owners of the seid ferrye.
As to the ryottes he can sey no thing.
John Collys of Bedmister of thage of Ixxi yeres, tenaunte to
the seid Erie of Esex, seyth that abought Ix yeres past the seid
ferry bote was used in the west side of the water, which is within
the countye of Somerset, and as he remembrith one Nicholas
Donwill did kepe the ferry bote then there, and as ferr as he
knowith the seid bote was then under Maister Juyn ; he never
herd but that the Joynes and their auncetors had a ferry bote
there by tyme owte of mynd and he seith also that Robert
Bowring maryed with the heir of Juyn & that the seid John
Kekewiche maryed the same heir after the deth of Bowring and
that Bowring did lett owte the seid passage or ferry to oon John
Graunte which John Graunte had oon Robert Poynez under hym
and did occupye the seid ferry peaceably and neuer knewe any
tenaunte of the seid Bowring or Kekewich disturbitte of the seid
ferry till now of late the seid Thomas Alye was disturbed by the
seruauntes of the seed abbattes of Saynte awstens, and as to the
ryottes he knowith no thing.
Richard Dauys of Bedmister forseid yoman of the age of
Ix yeres or therabowte tenaunte to doctor apowell parson of
Bedmister1 seith by his oth that he knewe oon Robert Poynez
did occupye the seid ferry bote of the west syde of the water as
tenaunte to oon Bonanter husbond to the seid lady Juyn and he
seith that affter that abowte xxix yeres past Roberte Bowring
which maried with the heir of Juynes did let the seide ferry to
oon John Hunt wheruppon the seid Poynez sued to bowring
openly in his cowrte at ayshton Theynes and claymed estate
made by Bonanter and Bowring wold nott allowe it but lett the
1 This was Edward Powell " sacrae paginae professor," prebendary of
Bedminster. He was instituted in 1508. Weaver, Somers. Incumb., 242.
He became a frequent preacher at Court but opposed the king's divorce.
He refused to take the oath of supremacy, was sent to the Tower and
hanged on 30 July, 1 540. Diet. Nat. Biog.
ioo &tar Cfjambtr
seid ferry to oon John Graunte and that affter Roberte Poynez did
occupye the seid ferry under the seid graunte and kepte the bote
peaseably in Somersetshire side and affter poynez oon Nayler
maried Poynez wyf and kepte the seid ferry as Poynez did Item
he seith that he knewe ij botes there oon for the abbate of Saynte
Awstyns syde and a nother of Juyn is syde and he seith by his
oth that somtyme he hath knowen but oon bote there occupyed
and he seith that he hath knowen somtyme that when the bote
man of Juyn is side did occupye the hole he bere a rente to the
abbat is tenaunte and when the abbat is tenaunte did occupye
the bote then he bere a rente to @ Juyn is tenaunte and ferther
seith that poynez seyd to hym that he payd a rente of iij.? i'rijtf
to Colman bicause there was but oon bote.
To the ryottes he can say no thing.
Richerd Jones of Bedmister forseid of the age of Ix yeres,
tenaunt to the seid Erie seith that he knewe Roberte Poynez
occupy in Bowringes tyme peaseably in the west side of the seid
ferry and more he knoweth nott.
Thomas Edwardes of Ashton foreseid of the age of Ix yeres
tenaunte to the seid Kekewiche John Cotrell of the same tenaunte
to Mistress Broke widow of the age Ix yeres.1 William Pers
of the same of the age of liiij yeres tenaunte to my lord
Dawbeney2 seyn by their othes that euery of them did at dyuerse
tymes fett iij s iiij^ of George Colman in the tyme of my lady
Juyn byfor she was maried to Bonanter3 and affter the seid
manage also to the use of the seid lady and Bonanter and ferther
1 This was Jane, only daughter of Richard A'Merrick and heiress of the
manor of Ashton Phillips. She married John Brook serjeant-at-law about
1494. He bought part of the manor of Clifton in 1508, and other lands
near Bristol. (Bristol and Glou. Arch. Soc., in, 223-5.)
He was steward of the Duke of Buckingham's manor of Bedminster (Z.
and P. Hen. VII I., iii, 3695) and also steward of Glastonbury Abbey. He
was on the Commission of the Peace for Somerset in 1 509 and subsequently.
(L. and P. Hen. VIII. i, 287.) He died in 1525. Bristol and Glouc. Arch.
Sac., iii, 225.
2 Giles Lord Daubeney had bought the manor of Ashton Lyons from
Sir John Choke in 1506. Collinson, ii, 292.
3 Alice Juyn or Joyne, widow of Sir John Juyn, had married as her
second husband a man named Bonauntre. She died on 22 March,
1 1 Henry VII., being described in the inquisition taken on her death as Alice
Joyne otherwise called Alice Bonauntre. Cal. Inq. p.m. Hen. VII., No. 1253.
Chamber Casts, rot
the seid Thomas Edwardes John Cotrell and William Pers seyn
by their othes that euery of them att seuerall tymes did fett the
seid yerely rent of the seid George Colman and delyuered
it to Thomas Newlond bayly and fermer to the seid lady Juyne.
John Barkley of Portbury of the age of Ix yeres and more
tenaunte to the kyng seith that he knewe a bote of the abbates
side and a nother of Maister Juyns side and forther seid thatoon
White seruaunte to Thomas Arnold kepte the passage bote there
which was tenaunte to Juyn fer he seith he was seruaunte to
Arnold xl yeres past.
Harry Newland of Longe Ashton of the age of Ix yeres or
more tenaunte to doctor Halswell seith that Thomas Newland
was bayly to the lady Juyn and receuid yerely the seid
x\d for the rent of the ferry of the ferry man of the abbates.
John Dag of the same of the age of Ix yeres and more seyth
as Herry Newlond hath seid.
John Marten of the age of Ix yeres tenaunte to Mr Kekewiche
Thomas Marten, of the age of liiij yeres tenaunte to Kekewiche
William Phelpys of the age of Iviij yeres Thomas Genyns of the
age of Ix yeres and above tenaunte to Kekewiche Thomas
Phelipps of the age of xliiij yeres tenaunte to Kekewiche John
Cotrell of the age of 1 yeres tenaunte to Kekewich foreseid seyn
that the abbate of Saynte awstyns haue had oon bote there and
Bowring had a nother there at the same ferry.
Herry Jones of Long Ashton tenaunte to Kekewich seyth
by his oth that Roberte Sothall seruante to the abbate seid at
Thomas Alye his howse that bicause he was his countre man he
wente bitwene them and putt a side a staf and gave hym
ij blowes.
Roberte Whitecote of Bedmyster of the age of liiij or above
sworn apon a boke tenente to the Erie of Essex seith that he
was at dyner with his father at Thomas Arnoldes howse at
Rownham which dwellyd in the west syd of the water whiche
tyme this deponente was the age of xij yeres or therabowte and
doth remembre that the same Arnold did arise from his dyner
and conueyd men ouer the ferry with a bote then being in the
west sid but whose the bote was he cannott tell.
John Materface of Bedmyster forseid of the age of Ix yeres
or there abowte deposith apon a boke tenente to the Erie of
£tar Chamber
Essex seith by his oth that to his remembrance abowte
xlvij yeres passed at Arnoldes howse at Rownham forseid seith
that there was a gremente had bitwene Colman and Arnold that
Colman shuld pay to Arnold xl<f a yere for the ferry and howe
that at the end of the same yere that Dauid Fill son in lawe to
the seid Colman then occupiar of the seid ferry under the seid
Colman the seid Dauid Fill gave this deponente xl<^ to pay
to Thomas Newlond bayly to Mr Juyn then callyd Juynes
baylif and gave this deponente \}d for his labour and he seith
that Arnold was Juynes tenente at that tyme and dwellyd in the
howse at rownham.
Richard Money of Bedmister of the age of 1 yeres and above
tenente to the Erie of Essex sworn apon a boke seith that abbote
Nayler cam ouer with Raf Bowring and the seid Raf Bowring
demawnded money of the abbate fer his ferry and that Raf
Bowring shewd this deponent that the abbate payd for his ferrye
but how mytche he cannott tell.
Thomas Gybbes of the parish of Redclef of Bristowe of the
age of Iviij or therabowte tennaunte to John Kenne1 sworn apon
a boke seyth that he never knewe nor herd but that Maister Juyn
and his heires had a bote in the west syde of the ferry of Rownham.
Thomas Genyns of Long Ashton of the age of 1 yeres or
therabowte tenaunte to Maistres Brooke seyth that he neuer
knewe ij botes at the ferry but in Maister Bowringes tyme and
syns that tyme in oon Naylars tyme and howe there was variance
bitwene the seyde Bowring and abbote Newlond for the same ferry.
Roberte Beke of Long Ashton of the age of 1 yeres or
therabowte tenaunte to Maistres Brooke seith that a litill boy of
Naylars kepte the bote in the West syde and bicause the water
was rugh he desyred Edith Colman is seruaunte fermer to the
abbate to help hym ouer the water and that he gave Naylars lad
for his passage ofe bicause he toke hym in the West syde and
farther he seith at dyuers tymes he hath passed over in the bote
in the west syde and farther he seith that he herd that ther was
variaunce bitwene Mr Bowring and the abbote for the passage.
1 This was John Kenne to whom the manor of Ashton Theynes came on
the death of Alice Kekewiche and her husband. John Kenne, the elder, died
before 1524 (Inq. p.m. 16 Hen. VIII. Collinson, ii, 295), the younger was
still living in 1545. Collinson, iii, 592.
Chamber Cages. 103
Humfrye Richardes of the parish Saynte George of the age
of xxiiij yeres sworn apon a booke seyth by his oth that Thomas
Alye complaynaunte desired Agnes Philippes this deponentes
maistres that this deponente myght help hym to lanch owte his
bote and while they were abowte it com certen parsons whose
names and number he cannot tell and he seith that oon of them
gave Thomas Alye a blowe with a staff and a nother gave hym
a blowe with a fire scrape by reson wherof this deponente was
sore sevynnyght after.
Thomas Philippis tenaunte to John Kekewiche deposith apon
a booke Maister to the seid Humfrye Richardes seyth that the
seyd Humfrye complayned to hym assone as he com home
uppon the stripe and sevynnyght affter that he cowde doo no
worke with that hond that same sevynnyght
PRO PARTE ABBATIS.
Item the seyd abbate shewde a dede before date wherbye
oon Elyas Lord of Clyffton1 among other landez did geve to the
church of Saynte awstens of Bristowe and to the chanons
regular there ser[v]ing god in free almes a mese with other landes
with the appurtenaunces at Rownham excepte only passage for
hym self and his proper seruauntes of his own howse.
Item he shewde a pollyd dede sealyd with a scale of armys
before date by which it doth appere that Roger de Clyffton lord
of Clyffton did geve a certen tenement at Rownham with all the
" Wharth " with all the passage there with the appurtenaunces to
god and to the church of Saynte Awstens of Bristowe and to
the chanons sering god there.
Item he shewd forth a confirmacion of the same dede made
by John de Sancto lando Knyght to the seyd monasterye which
dede was made before date.
Item he showed forth a dede identyd2 bering date in the feast
of the Purification of the Blessed Virgin Mary 10 Richard II.
by which dede it apperith that oon Herry abbate of the seid
Monasterye3 and the conuente of the same graunted to John
Parsons the yonger and to Agnes his wyf and to Agnes his
1 Several deeds containing grants by the Cliftons to St. Augustine's are
quoted by Dugdale. Monasticon, vi, 364.
2 Indented.
3 Abbot Henry Shellingford held office from 1364-8.
Chamber
dowtour all his tenement at Rownham with the passage with
the appurtenaunces for terme of Ixx yeres.
Item he shewde a nother dede indented bering date in the
feast of Sl. Valentine the martyr in the 49th year from the
beginning of the reign of Henry VI. & the 1st of his restoration
to royal power wherby oon Water1 abbate of the seid monasterye
by concente of his conuente did graunte to Kerry Gryffith all
his tenement at Rownham with the passage with the appurten-
ances for terme of Ix yeres.
Item he shewd a nother dede bering date in the feast of
Martin the pope 7 Edward IV. by which oon Water Abbate of
the monasterye forseid by assente of his conuente did demyse
to Jamys White all his tenement at Rownham with the passage
with the appurtenaunces for the term of Ix yeres.
Sir John Squier2 parson of the parish church of Clopton
in the countye of Somerset of the age of Ixxij yeres & above
sworn apon a booke deposith and seith apon the seid oth that as
long as he remembreth the seid abbate and his successours hath
ben seased of the hole passage called Rownham ferry and of
v acres of lond with all the wharth adioyning to the same in
their demeane as of fee in the right of their monastery and by
all the same tyme they and their fermers haue used to haue
a passing bote there to passe the kynges subiectes ouer the said
ferry in both sides of the same unto sutch tyme that oon Roberte
Bowring lernid in the lawe in oon abbate Newlondes3 tyme
predicessour to the seid abbate a xxij yeres passed or therabowte
wrongfully disturbid the seid abbate and caused oon Roberte
Poynez his tenenante to sett up a bote and to use the seid
passage with the seid abbates fermer agaynst the will of the seid
Abbate Newlond which wronges the seyd complaynaunte yet
contynewith by the mayntenaunce and commaundment of John
Kekewech and conueyde dyuers of the kinges subiectes ouer the
seide water and farther more the seid Syr John Squier deposeth
and seith apon his oth that he hard his father sey abowte a
xxiiij yeres passed his father then being of the age of Ixxxx
1 Abbot Walter Newbury held office from 1428-1462.
2 He was incumbent of Clopton in 1488. Weaver, Somers. Inczimb,, p. 254.
3 John Newland was Abbot of St. Augustine's from 1481-1515. Dug.,
Man., vi, 364.
Chamber
yeres seith that oon George Colman farmed the bote of the
abbate of Saynte awstens at Rownham ferry.
Richard Whytton of the parish of Long "
Ashton in the county of Somerset of
the age of Ix yeres
Richard Darne of Eston1 in the countye
of Somerset of the age of Ixxv yeres
William Spore of Eston forseid of the age
of Ivj yeres
William Mattock of Eston of the age of
Iviij yeres
Richard Nonye of Eston of the age of
Ixviij yeres
Richard Gall of the same of the age of
Ixx yeres
Thomas Weser of the same of the age of
Iv yeres
John Whiting of the same of the age of
xlij yeres
Richerd Silly of the same of the age of
xl yeres
Richard Weser of Clopton in the seid
cownty of the age of xlvj yeres
John Cotrell of Clopton foreseid of the
age of Ixx yeres
Richard Hethfeld of Portburye in the
countye forseid of the age of Ixij yeres
Richerd Baker of the same of the age of
Ix yeres
Richerd Passer of the same of the age of
Iv yeres
Thomas Euerard of the parish of Long
Ashton in the seid countye of the age
of liiij yeres
John Wylmott of Eston forseid of the age
of Ixviij yeres
Also Roger Yong of the age of Ixxx yeres or therabowtc
1 Easton-in-Gordano, 7 miles from Bristol.
P
Affirmethe the
depositions of
Syr John Squier
parson of
Clopton to be
true.
io6
dwelling in the parish of Westbury in the countye of Gloucester
sworn apon a booke deposith and seith apon his seid oth as the
seid Syr John Squier before hath seid and affirmyth the same to
be trewe in euery thing and ferther he seith and deposith apon
his seid oth that he herd his father sey the same which at the
tyme of hys deth was jc. yeres of age or thereabovvte and ouer
that he seith upon his seid othe that in the seyd abbotte
Newlandes tyme howe many yeres gon this deponent remem-
breth nott that the seid abbate and Robert Bowring assembled
themself with dyuerse aged men aswell of the countye of
Somerset as of the countye of Gloucester he then being presente
and John Brooke sergeante at lawe1 and there they vewed both
sides of the seid passage and all they determyned that the seid
hole passage belonged to the seid abbate and then the seid
Brooke asked the seid Bowring whate evidence he had to prove
his ryght and he made awnswer and seid takyng his wyf by the
hond this is my evidence and other I haue none then the seid
Brooke seid I cannott se by whate meanes ye can haue any
passage here and more this deponent cannot sey in this mater.
Also William Peyton of Clyfton in the countye of Gloucester
of the age of Ixxx and more sworn apon a booke deposith and
seith in euery thing as the seid parson and Roger Yong before
haue seid in their deposicions and affirmyth the same to be
trewe in euery thing on lesse it be that he herd nott the father of
the seid Roger sey as the seyd Roger hath deposed.
Also Robert Power of Portbury, co. Somerset, of the age of
Ixv, deposeth as William Peyton hath deposed.
Thomas Dover of Portbury of the age of Ixv, William
Passar, Ixij, John Edmunds, Ixx, James Godwyn of Portbury,
Ixxj, all depose as William Peyton hath deposed.
John Colman, Maister of the Gauntes2 in Bristowe, of the age
of lix, sworne upon a boke, seith that his father George Colman,
as fermer to the abbate of Saynte Awstyns, occupyed the hole
passage with oon ferry bote from the xv-yere of Kyng Edward
1 See note i, p. 100.
2 This was the Hospital of St. Mark of Billeswyke in Bristol, founded by
Maurice de Gaunte in the reign of Henry III., and usually known as Gaunts'
Hospital. The hospital owned land in Long Ashton, and was therefore
interested to some extent in this dispute.
J?>tar Chamber Casts. 107
the iiijth till Roberte Bowringcs commyng withowte interuption,
and that none other bote was occupyed there bye all that tyme.
Richard Bray of the age of Ixxv dwellyng within the parish
of Saynte Stephyn in Bristowe, seith that at the first commyng
of Kyng Edward the iiijth to Bristowe1 he sawe the abbate is bote
occupyed on both sydes the ferry there of Rowenham, and was
servaunte to Jamys Whyte ferryman there then, and none other
bote ther, and helpid to passe the seid Kyng over the seid ferry
the same tyme.
John a Chamber otherwyse Webbe, of the age of Ixiij, seith
the same savyng he sawe not whether he ferryed over the seyd
Kyng or no.
Also Thomas Colyns of the parish of Abbates Lye, co.
Somerset, of thage of Ix, seith in every thyng as the seid parson
of Clopton hath before seyd, and farther that, when the seyd
complaynante his bote was taken, Hewe Philippis, John Mirry-
feld and Water Philippis [sic] by the seid Hugh John and Water
this deponente passing over the seid water from Bowre Ashton
syde in the county of Somerset in the seyd bote into the other syde
in the countye of Glouceter, which londid this deponenente upon
the soile of frehold of the said abbate, and then this deponente
sawe the seyd Hugh, John and Water, servantes to the seyd abbate,
take the seyd bote peasably and in esy maner, withowte gevyng
any thretnyng wordes, for that they fownd the seyd bote doing
hurte and damage upon the frehold of the seid abbate, and from
thens they in peasable wyse conveyed the seyd bote by water to
a place callyd Lymottes2 in the seyd countye of Glouceter.
Also Hugh Jones of the parish of North Pedirton in the
county of Somerset, of the age of xxxiiij, seith that he was
within syght of the seyd ferry when the bote was taken as
aboveseid, and it was taken in peasable maner [etc. etc.].
Also David Hillyng of the parish of Clyffton in the countye
of Glouceter, of the age of xliiij, seyth that Thomas Alye, now
complaynante, in his howse at Rownham in the countye of
Somerset within vj dayes nexte affter the taking of the seid bote
shewde hym that he and John Tyntarne and Humfrey Ricardes
1 Edward I V. visited Bristol in 1 46 1 and 1 474. Little Red Book of Bristol.
2 Lymotes is marked on a map of I5th century Bristol, lying north-west
of the Abbey. Nichols and Taylor, Bristol, i, 215.
dtar CJjamfccr
had bene at Lymottes, and wold have taken awey hys bote from
thense, and when they were abowte the lowsyng of the bote
came the seyd Roberte Southall, and demaunded of them
whether they had any replevye1 or any auctority to take awey the
seyd bote, and the seyd Thomas seyd it was his ownebote, and
therefore withowte replevyeng and with owte makyng a mendes
for the domages he wold take the seyd bote awey at his plesure,
who so ever seyd the contrarye.
Also the seyd Thomas Colyns deposid that he spake with
the seid complaynante the second day of Maij, and commyned
with hym abowte the maner of the commyssion, and askyd hym
whether he wold be there to attend upon the seyd commys-
sioners, and he answered that he wold nott be there forasmuch as
he had no suche commaundement from his Maister Kekewiche.
And bycause the abovenamed commyssioners cowde nott
determyne the mater bytwene the seyd parties they haue gevyn
iniuncyon to the same parties accordyng to the effecte of the
seyd commyssion to appere afore the king and hys most honour-
able councell at the day & place withyn the sayd commyssyon
comprised. (signed) Willyam Denys
Will'm Vowell
Doyll u. Weydon.
VOL. XIII, FO. 64-68. DATE: 1530.
To the Kyng our soverayng Lorde.
In the most petyfull and lamentable wyse shewyth unto your
excellent hyghnes your pore orator and dayly bedman Henry
Doyll of Haselbere3 in your countie of Somerset, being a man
feble, impotent and in gret age, that wher he was lawfully
possessed to his owne use of certen corne and of dyvers other
goodes and catells, whiche he had trewly gotten by his trew
labour and diligence, and layde the same corne in his house ther
saffely to be kept to his be hoffe and for the necessary levyng
1 See above, p. 87, n. 2.
2 Haselbury Plucknett. The lord of the manor at this date was Edward,
Earl of Derby (Collinson, ii, 333), who succeeded his father in 1521 and died
in 1572. G. E. C., Peerage.
Cljambcr Cast*!. 109
and sustenance of hym and all his household, which hereafter
shold have ben his specyall relefe and socore, and kept hit
peaseably in his said barne as lawfull was for him to doo, untyll
one Edward Weydon of ... in your countie of Dorset, yoman,
William Steyre of the same toune, yoman, Thomas Howell of
the same toune, yoman, Thomas Trewese of North Paret in your
countie of Somerset, husbondman, John Byggnd, yoman,
Nicholas Vicary, husbondman, William Rackley, husbondman,
and Thomas Pester, husbondman, all of North Paret aforesaid,
with many oder ryotose and evyll disposed persons to the
nombere of xij persons ryotosely arayed after the maner of were,
and intendyng utterly to undo your seid pore orator the Saterday
next before the feaste of Simon and Jude in the xxjth yere of
your most noble reyng by commaundement of Henry Daubeney,
Knyght, Lord Dabeney,1 at Haselbere aforeseid, ryotousely
assembled themselffes, and then and ther in ryotuose maner
entred into the house of your seid orator, and toke and caried
away his goodes, that is to say, iiij lodes of corne and hey and
dyvers other goodes to the valewe of vij It. and put your orator
in fere of his Tiff to his utter undoyng onles your gracious favor
to hym be shewed in this behalfe. In consideracion whereof the
premissez tenderly considered hit may please your highnes to
direct unto the abovenamed ryotose persons your gracyous
letters of Subpena, commandyng them by the same to appere
before your grace and your most honourable councell at a certen
day [etc. etc.].
Thaunswere of William Stere, John Begegood, William
Racley, Nycholas Vekery and Thomas Pester to the compleynt
of Henry Doyll.
They say as to any riot they be not gyltie, and the maters
conceyved in the bill be determynable at the comen lawe.
The replication of Henry Doyll.
His byll of complaynt comprehendith goode- and certen
matter, and ys grounded upon trouthe and pursued only for to
have redresse of suche unlawfull actis doone and comittid by the
defendauntes as ben specified in the seide byll, and to have them
lawfully punysshed for the same accordyng to their demerits.
1 See p. no, n. i.
i io j!?tav
And forsomoche as the seid pleyntiff is a man in grett povertie,
and that the same Lord Dawbeney1 ys a man of gret myght and
power, the compleynant is without remedy by the order of the
comen lawe.
1530. Depositions touching the above matter, [taken] 25
Janyver 21 [Henry VIII.].
John Beggewade of thage of xxxiiij, sayth that Lord
Dawbeney bought certen hempe, otes and yll hey of oone Nele
d welly ng in Haselbere, which, after he hadde bowght them, he
seid to this deponent, beyng his servant and tenant, and to
others, beyng his servantes and tenantes, to go and fetche and
carye awaye. And so this deponent, havyng oone ladde with
him and his wayne, and ij other waynes havyng but iiij persones
with them, and havyng no wepons upon them but ther godes,
and every wayne oone pych forke, the day mencyoned in this
byll or ther abowtes, by the commaundement of Lord Dawbeney
went to the house of the sayd Nele, a fette away from hys house
a lode of otes, a lode of hempe and a lode of hey in peasabyll
maner, whiche otes and other stuffe the deponent knew not nor
yet knowith but that it belonged to the said Nele, not havying
any knowlege that Doyll hadde any ryght to the same or dyd
clayme the same.
Thomas Pester, of thage of xxx, deposith as above.
Nicholas Vicary, of thage of 1, deposith as above, and
supposith the whole was not worth xx.y.
William Rackley, of thage of xxvij, deposith as above.
Barker u. Leversegge.
HENRY VIII., VOL. III., No. 113. DATE: 1531.
To the kyng our soueraign lorde.
In moost humble wyse complenyng sheweth unto your
highnes your true and faythfull subiectes William Barker of
1 Henry Daubeney, Lord Daubeney, was lord of the manor of South
Petherton and of other manors in Somerset. He served with the English
army in France in 1513 and was created Earl of Bridgwater on 19 July,
1538. He married Elizabeth, daughter of George Nevill, Lord Abergavenny,
and secondly Katherine, widow of Rhys ap Thomas, but died childless in
1 548, when all his honours became extinct. G. E. C., Peerage.
£>tar Chamber Cage3. in
Frome Selwode in your countie of Somerset capper and Alyce
his wyf that wher Robert leeuersegge Esquier1 lawes Audeley
Dauyd Richardes William Ruggeway & John Gurney accompaned
with them dyuers other evyll dyssposed persons to the nomber of
vj or vij persons in riotous maner arrayed that is to say with
Swerdes & stavys & other wepons defensyve agaynst your peas
& lawes about the xviijth day of June in the xxxiijth yere of
your moost gracious reign2 at frome Selwood aforseid upon your
seid orators made asawte and them bete ymprisoned & evell
entretyd & they so ynptisoned agaynst your lawes & the coistoms
of your realme of Englond long that is to say by the space of
three howers ther dyd kepe & holde & other hurtes to them dyd
to the perlous example of lyke offenders yf condygne punysh-
ment to them be not spedely had in that behalf In consideracon
wherof it may pleas your highnes of your moost noble & habun-
dant grace to graunte your seuerall writtes of Subpena to be
directed to the seid Robert Leversegge lawes Audeley Davyd
Richardes William Ruggeway & John Gurney, commaundyng
them by the same personally to appere before your highnes &
your moost honerable counsell in the Ster Chamber at Westmin-
ster at a certayn day, ther to aunswer to the premysscs ferther
therin to be ordered etc.
[Endorsed : — ] In xvna Micfiis.
1 The family of Leversedge had acquired the manor of Frome by the
marriage of Edmund Leversedge with Elizabeth, daughter and heiress of
the Winslades, in the reign of Henry IV. From Edmund Leversedge it
descended on his death in 1415 (see Somers. Med. Wills, S.R.S., xvi, p-69) to
his son Robert, who was holding Frome in 1428 (Feud. Aids, iv, 385 ; Visit,
of Somers., Harl. Soc., xi, 67), and to the tatter's son Edward, who died
seised of the manor of Frome in 1508, leaving a wife, Eleanor. His son,
Robert Posthumous, succeeded him and may be identified with the defendant
in this suit (Collinson, ii, 187-8; Add. Chart., B.M., No. 7870)- He was a
minor in 1525, when his guardians made the presentation to the church of
Frome in his behalf. He was living in 1544, when he presented to Frome
Church (Somers. Incumb., p. 92), and in 1548, when rents due to him from
burgesses in Frome are mentioned. Somerset Chantries, 286.
2 I531-
ii2 £>tar Chamber
Braye u. Pecher.
HENRY VIII., VOL. VI, Nos. 34-45. DATE: 1531.
To the King our soveraigne lorde.
Shewith unto your hightnes yowre trewe and faithfull subjecte
Sir Edmonde Bray Knyghte1 that wher youre saide subjecte was
seasid of the maner of Estham, and of ^one messe, a c acre of
londe, a c acre of medowe, a c acre of pasture and woode, and
xly. rente with ther appurtenances in Estham2 in the parisshe of
Crokhorne in the countie of Somersett, in his demeyne as of fee,
so it is, gracious lorde, that one Thomas Lacy of Estham,
smyghte, Richerde Lacy, schomaker, John Hankyns, Androwe
Morys, William Lane, Nicholas Michell, John Wythyg, John
Aller, Thomas Thatcher, William Viall, clerke, Wylliam Freke,
Roberte Dorsett, William Partriche, William Toker, Edmonde
Webbe, John Edwarde, Roberte Boucher, Thomas Trete, John
Spyncer, John Paundy, William Huchyns, Johan Pery, Anne
Webbe, Johan Baker, Isabell Morys, Geffrey of Mysterton and
John Lacy, with divers other riottours and mysruled persons to
the number of Ix persons and above, to your subjecte unknoweri,
unlawfully assembelyd, riottusly and in the maner of warre
arrayed with swerdis bucklers bowes arrowis billis staffys and
schorte daggers, in grete rowtis the fyve daye of June the xxj
yere of your moste roiall reigne,3 in to the said maner riottusly
and with force enteryd, and then and ther assautyd manassid and
threte one John Cornysche, clerk,4 chapleyn to your saide
subjecte, and hem expellyd and with force put of and frome the
saide maner, and therof utterly with force riottusly dissessid your
1 Sir Edmund Bray, the nephew and heir of Sir Reginald Bray, the
minister of Henry VII., was summoned to Parliament as a baron in 1529.
He married Jane, daughter of Sir Richard Halighwell, and died on 18 October,
1539. G. E. C., Peerage.
2 A series of Court rolls relating to this manor is preserved in the Record
Office.
3 1529.
4 His name has not been found. A Thomas Cornissh was vicar of
Wedmore in 1548. Somerset Chant., S.R.S., 256.
Chamber CaScS. 113
saide subjecte, and the possession of the same maner the saide
riottours from ther said forcible entre hetherto have kepte and yet
do kepe with force to the grete losse of your saide subjecte and
danger of disheryson of the saide maner and to the moste
perilous example that may be, onlesse your hightnes favor be to
your saide subjecte the rather schewid in refformation of the
premisses. Plesith it therfore your said hightnes to graunte
severell wryttis of subpena to be directyd unto the saide Thomas
Lacy and the other riottors affore namyd, commandynge them
by the same to appere beffore your hightnes and youre moste
honorabill counsell in the Sterre Chamber at a certyne dey and
under a certeyne payne by your hightnes to be lymettid ther to
awnswer to the premisses and to abide and obey suche order
direction and jugement in the premisses as may stonde with
ryghte and goode conciens.
[Endorsed : Before the King and his council at Westminster
in the Octave of St. John the Baptist next to come.]
Thaunswere of William Pecher,1 Nicolas Mychell, Thomas
Hannyng and John Gyles to the bille of compleynt of Edmond
Braye, Lorde Braye. They say for a ferther declaracon of the
trawthe that the seruauntes of the same lorde Braye with the
under sheryffe of Somerset & Dorset came the same daye
mencyonyd in the sayd bill of compleynt to Crokeherne in the
same countye of Somers & ther requyrid the seyd William Pecher
baylyff of Crokehorne forseyd & one William glover constable
of the same towne to goo with theym to Estham & see the
kynges peace kept & so they dyd accordingly goo with theym to
Estham aforeseyd & when they came thether ther was showyd
forthe a paper the whiche the seyd under sheryfT redd openly &
after hit was redd the seyd balyff askyd of the seyd sheryff
whether hit was suffycient & of auctoryte or naye & then the
sheryff sayd he knewe nott nether cowde tell theym whether it
were suffycient or naye and so apon that they departyd ageyn
and ferther for answere sayn & euery of theym saithe that as to
ony ryott unlawfull assembly unlawfull procurement mayn-
tenaunce resistens contempt dysobedyens or of ony other
mysdemeanour by theym as the same compleynaunte hathe
1 William Pycher or Pecher, as appears from his answer, was bailiff of
Crewkerne,
9
ii4 &tav Chamber Casts.
surmyttyd to be don contrary to the kynges pease they be not
therof of gyltye in maner & forme as the seyd compleynaunte
hathe untruly surmytted in his seyd bill of compleynt ageynst
them all whiche maters the seyd deffendauntes ar redy to averre
& proue as this honorable court shall award & prayn that they
maye be dismyst with ther resonable costes & charges wrong-
fully susteynyd in this behaffe.1
Braye u. Lacy.
DATE: 1531-1539.
To the Kyng our Soueraigne Lord.
In most humble wyse shewyth and complaynyth unto your
grace your dayly orator and seruant Edmond Bray1 knight lord
Bray that where your seid orator and dyuers other persons to his
use be seased off the maner off Estham yn your countie off
Somerset yn their demeane as off fee to thuse of your seid orator
and off his heirs and so yt ys most dred soueraigne that dyuers
riottis and forcibles entres haue byn lately made by entryng ynto
the seid manor and kepyng off possession theroff and dyuerse
assaultes & affrayes made uppon the seruaunttes off your seid
orator yn kepyng off possession theroff by one Thomas Lacy and
dyuers other persons by his commaundement and for punyoshe-
ment off the seid riottes persons & mysdemeanors your seid
orator suyd by bylle be fore the ryght honerable the Lord
Chaunceler & the lordes off your most honerable councell yn
your Ster Chamber at Westminster their appon2 off the seid
offenders apperyd and were commyttyd to ward fer their offence
& their uppon by your most honerable councell yn Ester terme
last past yt was orderd & decreed that your seid orator &
other shuld ynioye the possession off the seid maner quyetly
unto suche tyme the seid Thomas Lacy had apperyd beffore
1 It appears from the following suit, Bray v. Lacy, that this suit of Lord
Bray was successful, the defendants being brought before the Court and
imprisoned for the riot complained of, and an order was given that pending
the appearance of Thomas Lacy to file his answer in the second suit, Lord
Bray should enjoy peaceful possession of the manor of Eastham.
2 " Certain " is evidently omitted.
J*>tar Chamber CaSfg. 115
your most honerable councell & made aunsuer to suche bylles &
maters as wer leyd agenst hym by your seid orator by reason
wherof your seid orator send serten off his frendes & seruauntes
to the seid manor wyllyng them to desyer the shryffeof your seid
countie to come to see their entre yn quyetnes made ynto the
seid manor accordyng to the seid decre & therupon the sherff off
your seid countie wyth other frendes & seruauntes of your seid
orators came to entre ynto the seid maner the last day of May
last past and ther anone uppon their comyng to the seid maner
oon William Lawrens taylor Androw Sadler Thomas Twhite the
yonger Thomas Browne glouer & dyuers othe yvelle dysposed
persons riotusly assemblyed them & ther to the number off a
hundred persons or their uppon to your seid orator unknown the
seid last day off May by the commaundment procurement
advyse mayntenaunce & councell off oon Richard Pycher1 &
John Dabney Gent wold not suffer your seid Sherff nor ser-
uauntes off your seid Orator to enter ynto the seid maner but
made them resistens & rescuys & wold not regard the decre
whiche was then & their opynly red by your seid sherff but wold
have takyn hyt from hym & seid yt was afforged wrytyng by
cawse hyt had now scale by reason wheroff your seid sherff &
other wer ynfforsyd that day to depart and the seid offenders
not therwith contentyd the seid riotus persons by the counsell
off the seid Thomas lacy Rychard Pychar & John Dabney haue
caused a sessions of pece to be sorhonyd to be holden at Yel-
chester wythyn your seid countie on Tuysday next comyng
that ys to sey the . . . day off June next folowyng yntendyng
their untruely to endyte the seruauntes of your seid orator off
forciable entre uppon the statute of anno octavo2 & their to have
wrytte off restitucion3 contrary to the order & decre theroff made
yn your ster chamber by the lordes of your most honerable
counsell to the most perlyos example of all other lyke offenders
1 Richard Pycher was probably a relative of the defendant in the earlier
suit, if the name is not written, by a slip, for William as appears from p. 117.
2 Forcible entry was included among the forms of riotous violence dealt
with by the statute of 8 Hen. VI., cap. 14.
3 A writ of restitution is defined by Cowell as " frequently used in the
common law for setting a man in possession of lands or tenements of which
he has been unlawfully disseised." Cowell, Interpreter.
n6 £>tai- Camber CasfcS.
yff due punyshement be not theroff hadd wherffor the premissis
tenderly consyderyd hyt may please your grace to graunte your
most dradde wryttis off subpena to be derectyd to the seid
Richard John William Andrew Thomas & Thomas Browyn
commandyng them at a serteyn day personally to appere beffore
the lordes off your most honerable councell yn the Ster Chaum-
ber at Westminster their to aunswer to the premysses and
further to stond & a byde suche order and direccion as shalbe
thought by them convenyent.
The aunswere of William laurans taylor Androwe Sadler
Thomas Twyte the yongar and Thomas Browne glouer
to the bill of compleynt of Edmond Bray knyght lord
Braye.
They say the bill is ownecerten and insufficient and also the
matter therin comprised is faned and ownetrewly contrivid and
also moche parte of the matter theirof ys determynabill at the
common lawe and not yn this Court And for a declaracon of
the trouthe of the demeaner of the seid defendauntes sayen that
the seid last daye of maye menconed in the seid bill of com-
pleynt the seid complenaunt sent to the maner of Estham in the
seid byll of compleynt specified the nomber of a xvj riotuse and
yldisposed persons or their about the whiche werev arrayed in
warleke maner leke men redy to batell and fight and so forceable
entreid to brake the house and mancon of Estham and some
other of thym enterid into the seid maner in other plases the
seid Thomas twhite and William laurans two of the seid
defendauntes & the father of Andrew Sadler oon other
defendants then holding parcell of the landes of Estham of the
seid Thomas lasy named in the seid bill of compleynt at his will
and plesure berying and paying hym yerely the rent fer the
same as yt was worthe by the yere and within ashort tyme after
the seid forseable entre of the seid riotouse persons yn to the
premisses the seid defendauntes had knowlege theirof and then
the seid two holders thereof and the father of the seid Andrew
had pasturyng apon the same londes dyurs bestes as keyn and
other bestes supposyng that the seid persons wold distrene drife
and convey away ther bestes and because they wold haue their
bestes not dryvyn awaye came thether to see whether the extent
of the seid persons so forseable entryng in to the premisses was
Chamber Cages. 117
to distrene lede and drife awaye their seid bestes and yf they
had persevid that they wold so haue don the seid defendauntes
wold haue rather takyn their bestes of the grounde and wold
have drevyn theym home to their owne houses and for sauegarde
of their bestes was the pryncypall entent of the seid defendauntes
of their comyng thether to the seid grounde the seid last daye of
Maye rehersed in the seid byll of compleynt and not by ony
commandment and counsell of William Picher and John
Dawbeney in maner and forme as yn the seid byll of compleynt
ys ownetrewly surmittid and for answere to the contents of the
resedew of the seid byll of compleynt the seid defendauntes
sayen as to ony owne laufull assemble riott rescu resistans
disturbans by thym then and their the seid last daye of Maye
made to the scheriffe or to ony other then beyng apon the
premisses or of ony other ownelaufull act or misdemeanor ayens
the kynge ys pease the seid defendauntes sayen that they ne ony
of thym be not gilty in maner and forme as the seid complenaunt
hath ownetreuly surmittid yn his seid bill of compleynt all
which matters the seid defendauntes be redy to auer as this
court will awarde.
Answers to interrogatories (the place of the taking of which
does not appear).
William Lawrence of thage of xxx, examyned this xxx day of
June anno xxiij upon interrogatories to hym mynistered by the
Lord Bray.
Sayeth he hath heard there was such a decre made in the Starre
Chamber, but he never harde ytt redde nor dyd see the same.
He was upon the ground at Estham when the sheriff made
the entre, havying a littill staffe in his hande, and he departyd
agayn from the said ground before the said sheriff redde the decre.
He never heard said ther nor at any other tyme that the said
decre was made under abushe.
He met with the said Lord Braye's servants in a feld callyd
Crokehorne Feld, belonging to the Lord Marqwys of Exetor,1
dryvyng of this deponentes catell and other menys cattell, which
they hadde taken, and when this deponent perceyved his
1 Henry Courtenay, Earl of Devon, who was created Marquis of Exeter in
1525, was lord of the manor of Crewkerne at this date. He was beheaded
in 1538-9. G.E.C., Peerage,
n8 j^tar Chamber Casts!.
catell amonges other he beganne to dryve them bak agayne ; and
the Lord Brays servantes sayd to him Lett go the catell or ells
they wold shote at him ; and this deponent answeryd Doo what
they wold, he wold have his catell, praying them to be content
with the same. And so he turned agayn his said catell, and the
Lord Brays servantes drove them agayn to the place where they
hadde destreyned them, and ther left them, saying that ther was
no mo persons with this deponent at that tyme but Andrewe
Sadler, this deponents brother. What wepon he had this
deponent knoweth nat, and this deponents wife (sic).
He came thether only for savegard of his catell, and nat by
any mans procurement or comaundement
Thomas Twytt of thage of xx sworne ut supra.
He sayth he was at Estham when the sheriff redde a papyr,
but what yt was, or what intent yt was, he can nat telle, for he
gave none gre to hyt.1 He was nat there at the tyme of thentre
of the sayd shrefe and the Lord Braye ys servantes.
He hadde a staffe called a brusshe soke and none other
wepon at that tyme.
He came thether only for that his catell was distraynd, and
desyred the Lord Brays servantes to lett him have the catell
agayn, saying that yf they hadde any commaundment that they
wold shewe from the Kyng and his counsell to attache the sayd
catell, that then he wold they shuld take them.
Andrewe Sadler of thage of xxv sworne ut supra.
He was at Estham grounde, and ther herde the shreyf rede
a wrytyng which he sayd was a decre made in the Starre
Chamber.
He hadde a staffe to dryve the catell, and none other wepon.
Thomas Browne of thage of xx sworne ut supra.
He hard the decre redde by the shreve which was made in
the Starre Chamber agaynst Lacie. He hadde no wepon at that
tyme on hym.
He is servant to Lacy ys wife, and was ther as a servant, and
dyd none otherwise demeane hym ther but as became hym to
doo in his business.
The aunswer of William Partrygge to the bill of compleynt of
Edmond Bray, knight, Lord Braye.
1 ? No great heed to it.
Cfyamfcrr Casts. 119
He sayth that John Cornyshe and William Melson named
in the seid bill and other be seased of the manor of Estham yn
their demene as of fee to the use of your complenant and of his
heires ne other wyse, that he ys not gilty of any unlawfull
assemble, brekyng of the dovvyrs of the mancion, or any other
unlawfull misdemeaner ayens the Kyng is pease supposid by
hym to be done.
The Replication of Edmond Braye, knyght, Lord Braye, to
the above answer, affirmyng that on the furst day of October
laste paste the said William Partrige and other with him with
forse and armis riotusly enteryd into the house and mansion of
the manor of Estham, and brake the dores of the same, and toke
too kyne and foure oxen, as is alleged in the bill.
Answers to interrogatories :
William Partrige of thaige of xl yeres, sworne and examind
the xvth daye of November anno xxij upon interrogatories
mynistred against hym by the Lorde Braye. He can nat tell
whether John Cornyshe and William Melson were seased of the
manor of Estham as in the bill is alleged. Nother he nor any
other were assembled by Lacye, with wepons, etc., to enter into
the said manor. On the said vth day of October he came
peacibly to a close, parcell of the said manor, which he hath to
ferme of the said Lacye, to have home his cattail, which there
depastured, to have gone to the plough. And when he came
there a chaplayn of the Lord Brayes, accompaned with two
or thre other persons, denayed this deponent to have his cattail,
and this deponent sayed that he wold have them awaye and
upon this communication the said chaplain departed, and then
this deponent drove awaye his cattail ; and he hadd a hedging
bill as he useth to bere, when he goeth into the feldes.
He was not within the manor, but in a close belonging to the
manor, where he was for the space of an houre.
He hath a lease of a parcell of the said manor of one Nicholas
Michell, and not of Lacye, and his sonne hath no parcell thereof
in ferme ; that which he hath is for his money, and not for ony
mayntenance.
Bill of complaint1 of the said Lord Bray, asserting that John
1 This bill and the following really deal with separate suits brought by
Lord Bray in connection with this same matter against other rioters.
120 g>tar Chamber
Cornish, clerk, and divers other persons, of long tyme past hath
been and yet be seased of the manor of Estham to theuse of Lord
Braye and his heirs. Upon divers forcible entres before tyme
corny ttyd upon the said manor by oon Thomas Lacy and other
persons, the compleynant exhibited a bill in this court, and the
said Lacy came not to make aunswer. Wherefore it was decreed
that the said Lord Braye shuldbe restored unto the possession of
the said manor, until the said Lacy came to shew why he shuld
not injoy the same. By reason wherof your subject sent certen
of his servantes to enter into the seid manor. And, perceyving
the obstinacy of the said Lacy, he commandyd his said servantes
to require the sherf of the countie to goo with them to see the
decre executyd, and your pease to be kepte. And when they
came to enter, upon the iij day of June last past, then anone
uppon ther comyng to the said manor, oon William Lawrens,
John Gyles, Thomas Hannyng and divers other evill disposed
persons riotusly assembled then and ther to the number of oon
hundreth persons to your seid subjecte unknowen, by commaund,
procurement and meyntenance of oon William Pycher, gentle-
man, and Nicholas Michell, wold not suffer ye said sherf ne the
seid servantes to enter into the seid manor, but made them
resistence, and wolde not suffer the seid decre, which was then
and there opynly redde by the seid sherf, but wold have takyn
hyt from hym, and seid it was a forgid writyng by cause hit had
no scale, and riotusly and contemptuously hit despited, to the
most parlous example of all other lyke offendours, [etc.] Wherfor
he prays a writ of subpena to be directyd to the said William
Pycher, Nicholas [Michell], William Lawrens, John Gyles and
Thomas Hannyng [etc., etc.]
Bundle 24, No. 162, is a bill of complaint by the said Lord
Bray against Nicholas Fitzjames,1 gent, to answer for procuring
a similar riotous entry, on the 5th October " last past," by Thomas
Lacy of Estham, yeoman, William Trotte, William Partriche,
John Tayler, John Partriche and Edmond Browne.
1 He played a very prominent part in the county, and was active as a
magistrate, and later as the sheriff. See below, pp. 193, 207, 212-15, 235»
238, 239, 270.
Chamber Casts. 121
Dobell u. Soley, Coke, Sedborough and Heywarde.
VOL. XII, Nos. 224-226. DATE: 1533.
To the kyng our souereyn lord.
In most humble wyse schewith unto your highnes your true
and feythfull subiect Gylles Dobell1 that wher your sayd oratour
ys and long tyme hath been seasid in his demesne as of fee of
and yn on mesuage or tenement with thappurtenaunces in
Mynhed in your countie of Somercett and by reson therof hath
usid to have a sette or a pue for hym and his wyff in the said
churche of Mynhed forsaid in the whiche pue on Margere wyft
to your said subiect the xxijth day of Aprell in the xxvth yer of your
most noble reign2 was syttyng and heryng her devyn servyce as
sche ought to do on Walter Soly3 assocyat wyth hym Robert Coke4
Sylvester Sedborough4 and Robert Heyward5 wyth many other to
your sayd oratour unknoyn in riottus maner arrayed the said xxijth
day of aprell with force and armys that is to saye wyth swordes
and bucklers daggers and other wepyns ynvasive contrare to
your pece souereyn lord in to the said churche of Mynhed
entrid and then and there toke out the said Margere wyfif to
your said oratour of her said pue wher sche was knelyng in the
said churche and her brought out in to an alye in the said
churche agen her wyll and then and ther did her bete and ill
yntret by reson wherof and for such fear as sche then stode yn
1 The family of Dobell or Dovell— the name is also written as
Dobull, or Doble, — were well known in Minehead. This Giles Dobell is
probably the " son Giles " who is mentioned in the will of the Robert Dobyll
of Minehead who died in 1531, and who among other bequests left "a
feather bed perfurmed " the value of which was to keep a taper burning before
Our Lady of Pity in Minehead Church. Dunster Castle Muniments, B. 26,
quoted Hancock, Minehead, p. 19. Giles Dobell was still living in 1551-2,
when he made a grant of land in West Quantockshead. Chadwyck Healy,
op. «'/., p. 147.
3 He was perhaps related to the Joan Soly, who later had her cattle seized
by Silvester Sedborough (see below, p. 241).
4 See below, pp. 239-46.
6 He may have belonged to the same family as the John Heyward who
was sued by the Abbot of Cleeve in 1 500 for the detention of documents
relating to Old Cleeve manor. Early Chanc. Proc., bundle 125, No. I
V. C. H. Somcrs., MSS., Old Cleeve,
122 J^tar Chamber Cages!.
sche fell in suche a sowne or syknys that sche was lykely ther
to have dyed if good helpe of certen of the said parochyns then
and ther beyng had not helpt her. And the said misrulid
persons not wyth this contentyd but of ther furder mischievous
mynde only yntendyng to have murdred and slayn your said
subiect the xxiijth day of Aprill then next foloyng yn lyke
riottus maner came in to the said churche of Mynhed wyth
staves swordes holbardes and axis and then and ther brake the
same pue wher the wyff of your said oratour then was and said
to her these wordes foloyng wher is that knave thy husband and
if he were heer we wold have of hym a legge or an arme by
reson wherof your said subiect dar not com to the said churche
for feer and daunger of his lyff to the perolus example of suche
lyke offenders in tyme to come if remedy be. not by your grace
and your most honerable councell the rather provided in this
behalf hit may therfor plese your highnes the premisses
concyderid to graunt seuerall wryttes of subpena to be directid
to the said Robert Walter Sylvester and Robert Hey ward
comaundyng them and euery of them by vertue thereof
personally to apper befor your highnes and your most honerable
councell at VVestmynster at a certen day to aunswer to the
premissis &c.
The answer of Walter Soley Robert Coke and Robert
Hewarde to the byll of compleynt of Gyles Doble.
They sayne that wythyn the sayde parishe of Mynhedde
there ys no pewe apropryed or belongynp1 to onye howse or
tenement but'onely to the house of Br- vi1 but owte of tyme
of mynde the churche wardens^f the . • r 'parishe haue hadde
the rewle lettyng and dysposycybu of the sayde pewes2 to the
1 Bratton Court, the seat of the family .of that name during the I3th and
1 4th centuries, which had probably been .Unoccupied since the division of
the estate among co-heiresses.
By 1545 the house was "sore in deca | and uninhabited."
2 The churchwardens' accounts for * aehead support the defendants' view
of the dispute. It was resolved by a r'stry meeting in 1637 that a right in a
seat for life could be obtained by the pa yment of 5-y. to the churchwardens, and
a payment of is. was to be made b .' anyone changing his seat. Many
notices of payments received by tr churchwardens for pews are found, and
there is no evidence of pews beir^g appurtenant to special pieces of land.
Hancock, Minehead, 61.
Chamber Cast*!. 123
inhabytantes of the sayde parishe for suche somes of money
to be payde to the use of the sayde churche as hathe bene
agreyd betwene the sayde wardens for the tyme beynge and the
saide inhabytantes and after suche bargaynes made for onye of
the sayde pewes the sayde inhabitantes so makynge suche
bargayns haven useyd to occupye the sayde pewe durynge
theyre lyffes and the sayde Robert Coke saythe that abowt vj
yeres paste he bowght the sayde pewe especyfyed yn the sayde
byll of the churche wardens of the sayde churche of Mynhed
then beynge to haue the same for terme of his lyffe and for as
myche as the sayde Walter beynge of the same paryshe was
destytute of a pewe and cowde have none oneles he payde for
hyt the sayde Robert Coke agreyd withe the sayde Walter that
he at the sufferance of the sayde Robert Coke shulde occupye
and sytte yn the sayde pewe and so dydde as lawfull was for
hym to doo and the sayde Giles beynge none of the sayde
parishe and not contentyd therwith upon passion Sondaye laste
came to the sayde churche yn the fore nowne of the same daye
before mattens there hadde and sate yn the utter parte of the
sayde pewe to the intente that the sayde Walter shuld not come
ynto the same there to hyre his dyvyne seruyce and the sayde
Robert Coke there beynge and perceveynge theunlawfullbehavyor
of the sayde Gyles and to the Intente that the sayde parishe
shuld not be ynquyetyd or trowbelyd by theym and for the
avoydynge of such daungers as mowght ensew sent his seruaunte
to the sayde Walter shewynge hym of the demeynor of the
sayde Gyles wyllyng hym to sytte yn some other place yn the
sayde churche for that daye and not to come withyn the sayde
pewe wherwith the sayde Walter was contentyd wherupon the
sayde Gyles reportyd that yf the sayde Walter hadde come to
sytte yn the same pewe the same daye that he wolde have
howselyd hym and grevousely displeassid hym whiche Giles also
cawseyd his wyffe dyuers tymes before that and sithens to sytte
yn the utter part of the sayde pewe when the sayde Walter was
withyn the same to the intente the sayde Walter shuld not come
owte thereof but shuld be constraynyd and dryven to lepe over
the sayde pew oneles he wolde with vyolence putte hur owte of
the same whiche Walter to the contentacyon of theyre frowarde
wylles for that he cowde not gett forthe of the same manye
124 ^tav Chamber
tymes lepte over the sayde pewe to his great disspleassure and
rebuke and so dydd tyll the xxijth daye of Aprell laste paste
especyfyed yn the sayde byll that the sayde Walter after servyce
there don desyryd the sayde Margery wyffe to the compleyriant
then syttynge yn the sayde pew by hym to gyve hym leve to
come forthe therof whiche Margery then sayde that his waye
was to leape over the same pewe and forthewith closeyd hur
armes faste aboute the ende of the pewe and resystyd the sayde
Walter of his comynge forthe whiche Walter yn sober manner
lawsyd hur armes and putte hur owte of the pewe without doyng
hur onye harme wherwithe she wythe owpen mowthe gave the
same Walter yn the sayde churche manye unfyttynge wordes
whiche he then sufferyd and so departyd thense and therupon
the sayde Robert Coke made desyres to the sayde Gyles to be at
a pease with the sayde Walter and that they mowght be fryndes
and that then they bothe shulde sytte to gyther yn the same
pewe whiche to doo the sayde Giles refuseyd and utterly defyde
hym and spake many obbrobryous wordes ayenste the sayde
Walter yn consyderacyon wherof the sayde Robert Coke aswell
for quyetyng of the sayde parishe as also for the advoydynge
of murder whiche was like to ensew betwene theyme comaundyd
the sayde Robert Reward his servaunt to breke downe the sayde
pewe whiche Reward hymselffe onely without haveyng ony moo
persons with hym brake downe the same pewe then beyng his
masters pewe as before ys rehersyd as lawfull was for hym to doo
and ferther saythe that the sayde compleynaunt ys a man of
lyght behavyor yn his cuntrey makeyng myche debate frayes
and other lyke mysdemenors to the enquyetynge of the kynges
subiectes yn those partyes whiche compleynant and his adherentes
before this tyme hathe of his onely malice prepensyd maymyd
the sayde Walter Soley as ys aparant to be shewyd haveyng no
cause so too doo without that that, &c., &c.
The replication of Gyles Doble to the aunswer of Walter
Solye Robert Coke and Robert Heyward.
He furder aueryth euery thyng in the said byll of compleynt
conteynyd to be true without that ther be pues appropriatt or
belongyng to any house or tenement wythyn the said parish of
Mynhed yn the byll specifyd but only to the house of Brayton
namyd in the said aunswer for the sayd compleynaunt sayth
Chamber Cagetf. 125
that aswell the grauntfader as the fader of the said compleynaunt
beyng seased in ther demesn as of fee of certeyn londes lying
vvythyn the said parische had always yn ther tyme whyles they
levyd sytten in the sayd pue beyng on of the iij pryncypall pues
of the said churche wythout lett or interrepcion of any person for
the which they payd ther dutes belongyng to the said churche and
after ther dethes the said compleynaunt in likewyse pecybely
occupyd and enioyed the said pue by the space of iij yeres and
paid therefor such dutes as hath been used in tymes past to be
paid, and which pue was assigned unto hym and to his wuff by
thole assent of the said parische without that the churchwardens
hathe usid to have the lettyng [etc. etc.] for the said compleynant
saith that the iij princypall pues of the said churche, whereof the
pue now in varyance ys on ys allwayes reservid to the order of
the hole body of the said parische, or that the persons to whom
such grauntes of pues be made by the churchwardens of the
said churche for the tyme being have usid to have thoccupacion
of the same for terme of lyffe, for the said compleynant saith
that yf any person to whom suche graunt of any pue within the
said churche be made by the churchwardens of the same and
(sic) be absent by the space of one yere without occupying of the
same, that then hit schalbe leffull to the church wardens to
demyse and graunt the same to suche of the ynhabitantes of the
said parische as schall plese them, without that the said Robert
Coke bought the said pue of the church wardeyns duryng his
lyff, which if he had hyt wer nothing materiell nor effectuell,
concyderyng that the said church wardeyns had none auctorite
so to do, or that ther was any suche agrement had betwyn the
said Robert and Walter Soly as is specified in the aunswer,
which if ther wer hit wer of non effect nor purpose, and without
that that the said compleynant upon Passion sonday [etc. etc.]
And the said compleynant saieth that the said Walter Soly
wolde dyverce and many tymys occupie the said pue and com
yn and out of the same at his plesure agen the wyll and mynde
of the said compleynant or his wyff, which the said compleynant
could not lett onles he schold have fought with the said Walter,
by reson whereof the said Water gave dyverce and many
occasions of striff and debate to the said compleynant, or that
the wyff of the compleynant closid her armes [etc. etc. etc.]
126 &tar Chamber
Comer u. Martyn and others.
VOL. X, Nos. 137-139. DATE: 1534.
To the Kvng otwe soveraigne Lorde.
In most humble wyse sheweth unto your Highnes your poor
subject and dayly orator William Comer1 of Oke in your countye
of Somerset husbondman, that wher as Robert Hussy, Knyght,3
Edward Waldegrave2 and William Clopton3 esquiers, were seissid
of and in a mesuage and xxli acres of londe in Oke afforsaid in
ther demeane as of fee, and so seassyd grauntyd and demysed
the same to your orator to have to hym for terme of his lyffe,
1 The family of Comer were well known in Oake. They had owned a
good deal of land in the manor between the years 1443 and 1483, at which
period it appears that the office of bailiff of the manor was always held by a
member of this family. Mins. Accts., bundle 977, Nos. i, 2, 7, u, 13, 16,
18-20; and bundle 1119, No. 17. V. C. H. Somcrs., MSS., Oake. The
Comer family were still settled at Oake in the I7th and 1 8th centuries (Somers.
Wills, ed. Crisp, v, 56 ; Somerset Incumbents, p. 392) and also had property
in Monksilver, Wells Wills, 107. The pedigree of Comer of Fitzhead is in
Burke's Landed Gentry. The chief manor of Oake was held at this period
by Hugh Malet. Inq. p.m., 35 Hen. VIII., vol. 68, No. 34.
2 Sir Robert Hussey, Edward Waldegrave and William Clopton
represented the joint owners of the manor of Harnham in Oake. John
Hill had died seized of this manor in 1455, being followed by his
daughter Genevieve, wife of Sir William Say. Genevieve died childless
before 1497, and the manor of Harnham reverted on the death of Sir
William Say in 1529 to John Hill's sister Alice, who was the wife of John
Chesney. They were followed by their son John Chesney, whose property
was divided among his two daughters, Joan and Isabel (Cal. Inq. p.m.,
Hen. VII., No. 1171). Joan was the wife of John Say and afterwards of
Sir Richard Pudsey, and Isabel married Edward Waldegrave, one of the
defendants in this suit. Two of the three daughters of the other co-heiress
are represented here by their husbands, Sir Robert Hussey and John Clopton.
Helena, the remaining daughter, married George Babington ; he is not
mentioned here, though his name is found in a later suit (see below, p. 203).
Victoria County History, Oake MSS. Sir Edward Waldegrave (? 1517-
1561) had a distinguished career. He obtained many grants of church lands
in 1548, but became one of Princess Mary's supporters. He became a
Privy Councillor and Master of the Great Wardrobe in 1553, was knighted
in the same year, was M.P. for Somerset in 1554, and Chancellor of the
Duchy of Lancaster 1557-8. From 1558 until his death in 1561 he was
imprisoned in the Tower for recusancy. Diet. Nat. Biog.
Chamber Cased. 127
wherof your said poor orator was therof seassyd (sic) of the pre-
mysses in his demeane as of freholde and so seassid untill the
xxxth day of Februarii in the xxvth yere of your most noble
reigne, that one Raff Martyn,1 John Thome,2 John Kime,3
Thomas Boysse, with other of ther adherentes to the nombre of
v or vj persones whoose names ben to your said poor orator
unknowen, with force and armes in ryoutouse wyse against your
peasse and the ordre of your lawes of this your realme,
that is to witte, with bowes, arrowes, swyrdes and other
weepons invasive at Oke afforsaid then and ther assemblyd
them selfes together after the forme and maner of warr, and then
and ther entred into the said mease and other the premysses,
and forcybly and ryoutusely in most cruell maner expellyd and
put out your complaynant, and sore bett hym and putt hym in
jeopardy of his lyffe and hys poor servauntes. And yet the said
Raff Martyn with force in ryoutous maner wrongfully keepyth
your said poor orator from the possession of the premysses,
having no cause nor just tytle so to do, to the utter undoyng of
your said poor orator for evermore onlesse yt maye pleysse your
hyghnes to graunt forth a wrytt of sub pena to be derectyd to
the said Raff Martyn and the others, comaundyng theym to
appere before your hyghnes and your most honourable councell in
your Sterr Chamber at Westminster, etc. etc.
The answer of Raff Martyn and John Kyme to the above
compleynt.
They deny they are giltye of any riot etc. as in the bill is
surmysed. The said Raff Martyn saith that trew it is that the said
Sir Robert Hussey, Knyght, Edward Walgraveand William Clop-
ton, by John Wallgrave,esquier, son of the said Edward.and depute
or officer to the said Sir Robert, Edward and William, having
sufficient auctorite of theim to make grauntes, leasez and salez for
terme of lyfe or lyfez or for terme of yeres of all their londes
1 He is evidently to be identified with the Raff Martin who under
the will of Elizabeth Gredye of Oake, proved in 1533, inherited lands in
Oake. Weaver, Wells Wills, 112-3.
2 The will of John Thorne of Nettlecombe was proved in 1534. Wells
Wills, no. See also pp. 32, 100, 127, 149.
3 The will of a John Kyme of Cannington is dated March, 1531.
Ibid., p. 39.
Cfjamfccv
and tenementes in Oke aforesaid or elsewhere within the said
countie, the said John Walgrave at a corte holden at Oke fore-
said abowte eyght yeres paste for the some of 40^. in the name
of a fyne to be paid graunted and sold the premysses after the
dethe of one John Gredy1 to the said Raff Martyn, to have to
hym and his wiffe and a childe for terme of their lyves and
longest lyver of them, of whiche fyne the said Raffe paid xxj. in
hand to the said John Walgrave and the other xxx to be paid
at a certen daie betwene theim aggreid, and made a bill to the said
John Gredy then tenaunt testifieng the sayd bargain. And after
and at oder (sic} daie the said John Walgrave demaunded the said
bill of the said bargayne, which was delyvered to him ; at which
tyme the said John Walgrave then and ther in the presence of
dyvers of the tenauntes brake the said bill, and saied that the said
Raff shuld not have the said bargayn onelez he wold gyve him xx.y.
more, all which money, that is to saie as well the said XX.T. being be-
hinde upon the first bargayn, as also the other xxj1., the said Raffe
hathe paied to one John Legge by the commaundment of the
said John Walgrave, whiche graunte was made in the presence
of dyverse of the tenauntes of the said lordship of Oke openly
at the said corte, whiche wyll be redy to depose that at all tymes
upon the hollie Evangelist, of whiche bargeyne the said compley-
nant had perfitt knowledge, for thexecuting of whiche bargayn the
said Rauff Martyn before this tyme hath sued one sub pena to
the Chauncerie ayenst the said John Walgrave, wherin thei be
at issue. And to thentent that the said Raffe shuld not be able
to prosecute the said mater the said compleynant by the mayn-
tenance of the said John Walgrave hath surmysed this untrue
bill ayenst the said Rauff and others. And if any suche graunte
were made by the said Robert, Edward and William, to the saide
William Comer of the premysses, whiche the said Raffe knoweth
not yf any suche be, but if it were true as he supposeth hit shuld
not yet it was longe after the graunte made to the said Rauff,
wherof the compleynant had perfitt knowledge, by force of whiche
the said Rauffe entred into the said premissez after the dethe of
the said John Gredy, and graunted the same to one John
Thorne, as lawfull was for hym to do, without that that [etc.].
1 See note (i), on page 127.
Cfyambtr CasieS. 129
The answere of John Thorne to the same complaint denies
the riot etc., "and for the resydue of the mater [he] seyeth
that it is determynable at the commen lawe wherunto he
prayeth to be remytted."
Crouche u. Horner and others.
VOL. XI, Nos. 63-73. DATE : 1534.
To tJie kynge oure souerayn lorde.
In moost humble wyse shevveth unto your highnes your daylye
oratour and faythfull subgett William Crouche1 that wher oon
William2 Pryor of the monestarye of seynt Peter in Bathe in the
countie of Somerset and patron of the hospytalle of seynt Johns3
in Bathe forsayd by reason of a surmysed lycens by hym opteyned
1 William Crouch played a prominent part in Bath (see above, p. 26).
He lived at Englishcombe outside the city. He seems to have been originally
a paid servant of the priory, and to have worn its livery, but at the date of
this suit had a feud with the Prior and all his servants. He obtained leases
of the churches of Castle Gary, Tellisford and Wellow (Somers. Incumb., 46,
197, 207), presenting to the two latter in 1554.
2 This was William Holway, who succeeded William Bird as Prior of
Bath in 1525, and held office there until the surrender of the house to the
King in 1539. " He was a man of high character and said to be well skilled
in science " (Bath Chart. (S.R.S.), Intro., bcix-lxx). He spent large sums on
restoring the fabric of the church. In the years before the Dissolution
C1 537-1 539) he made grants of the next presentations to the livings of
Long Ashton, Corston, Walcot, Staunton Prior, Kilverton, Castle Gary,
South Stoke, Usk, Batheaston, Englishcombe, Weston, the church of
St. Mary de Stalls, and of the mastership of St. John's Hospital, which forms
the ground of this action. In addition he granted out many of the Priory
manors on leases for lives, and must have raised large sums of money by
these proceedings. After the surrender of the house he was granted a pension
of .£80, a dwelling house in Stalls Street and the profits from the Hot Bath.
His last years were painful ; he wandered about the country, blind and
distraught, until he died. See Bath Chart. (S.R.S.), Intro., Ixxi, Ixxiii, Ixxiv ;
Hath Municipal Records, ed. King and Watts, p. 30 ; Warner, Bath, App.
Nos. 54-70.
3 The Hospital of St. John's was founded by Bishop Reginald in 1 192 for
six poor men with one priest or master (Register of Ralph of Shrewsbury,
Somers. Rec. Soc., p. 87). The patronage belonged to the Priory. Bath
Chart., ii, 492 ; Somers. Inctimb., 236 ; Weaver, Bath, p. 280. It escaped
. S
130 J?tar Chamber
of the most reuerent father in God Thomas1 late lorde Cardynalle
and Legate de latere occupied and enioyed the sayd hospytill to
his own use and profett by the space of vij yeres surmysyng the
same to be appropriatt by the lycens of the sayd lorde Cardynalle
unto the sayd monestarye of Bathe by reason of occupacion of
whiche hospytalle the Sayd Pryor had and toke to his own use
grett profett and auantage rysyng and cummyng of the sayd
hospytalle and after by the deth of the sayd lorde cardynall the
sayd lycens was becom voyde & of none effect so that the sayd
Pryor was in grett feere and dowte for the kepyng of the sayd
hospytall eny longer wherupon commynycacion was had betwen
ye sayd orator and the sayd Pryor concernyng the dyspocision
of the sayd hospitall and emong other thynges hit was then
requyred by the sayd Pryor of your sayd orator that he wold gett
hym som man that wolde geve unto hym som money towardes
suche costes and charges as he had susteyned in and aboute the
sayd hospytall by suche tyme as he had the occupacion therof
and in so doyng the sayd person so gevyng suche convenyent
som of money as by the sayd Pryor shold be assygned shold have
the sayd hospytall duryng his lyve and be ynstytute and ynductyd
theryn accordyng to ye lawe wherupon your sayd orator entendyng
to advaunce and prefarre one John Symons clerke2 beyng a nye
frende of your sayd oratours to the sayd hospytalle offred to the
sayd Pryor the som of xl poundes so that he wold make the
the dissolution of the monastic foundations, and in 1548 was valued at
^25 13-y. 8d. yearly. It was then reported that the hospital was annexed
to the parish church of St. Michael, the parson of that church being master
of the hospital. Somers. Chantries (Somers. Rec. Soc.), 148. In 1578
Queen Elizabeth granted the advowson of the hospital to the Mayor and
commonalty of Bath. Pat. 15 Eliz., pt. viii ; Warner, op. cit., p. 280.
1 This was Thomas Wolsey, Bishop of Bath and Wells from 1514-23.
2 This John Symonds became Master of the Hospital of St. John's in
1535 ( V.C.H. Somers., ii, 1 52-3). We know therefore that Crouch must have
succeeded in this suit as far as the presentation to the hospital was concerned
at all events. Symonds was the incumbent of the chapel of St. John's in
the said hospital in 1546 and 1548. He was given a pension of 66^. 8d. and
was presented by his patron and kinsman Crouch to Wellow Church in 1554.
Somers. Incumbents, 207 ; Bath Chart., Intro., Ixxx. In the reign of Elizabeth
John Crouch was plaintiff in a Chancery action relating to the Hospital of
St. John's, which had been annexed to the church of St. Michael, Bath.
Cal. of Chanc. Proc., Ser. II, i, 107.
Chamber Cases!. 131
sayd John Symons sure of the sayd hospytalle duryng his lyve
and also graunt unto your sayd orator the nexte avoydance of
the sayd hospytall after the deth of the sayd John Symons yf
hyt happenyd the sayd John Symons to be admytted unto the
same wherunto the sayd Pryor saying that the sayd xl pound
was to small som of money for such a promocyon or gyft wold
not content nor agree to the same but att last agreyd that for the
som of Liij/z v')s viij^f payde to the sayd Pryor in hand the sayd
Pryor not only grauntyd the sayd hospytall to the sayd John
Symons but also faythfully covenauntyd & agreyd to make a
suffycient graunte of the nexte advoydaunce of thesayd hospytalle
unto your sayd orator or to suche a person as he shold name and
appoynt with many other covenauntes concernyng the sayd
hospytalle whiche to do the sayd Pryor uniustly denyed to perform
and fulfyll notwithstandyng that he therunto was dyuerce and
many tymes by your sayd orator requyred for reformacion wherof
your sayd orator exibett a bylle of compleynt to your grace in
your chauncere and therupon opteyned your wrytt of Subpena
dyrected to the sayd Pryor by the whiche he was commaundyd
personally to appere before your highnes in your sayd chauncere
att a certeyn daye to awnswer to the contentes of the sayd bille
and whiche wrytt was delyueryd to on John Harreys late servaunt
to your sayd orator to thentent he sholde delyuer the same to
the sayd Pryor whiche Harryce the second daye of June this
present xxvth yere of your moost noble reyn1 in peasable maner
came to Bathe forsayd and to thentent to haue executed the
sayd wrytt upon the sayd Pryor he repayred into the cathederall
churche of the sayd towne of Bathe wher the sayd Pryor then
was and with him xv or xvj of his seruauntes emonge the whiche
one Thomas Horner2 & Thomas Baten3 then servauntes to the
sayd Pryor percevyng the sayd Harryce to be in the sayd churche
repayred unto hym saying that yf he wolde serve eny wrytt upon
the sayd Pryor ther master they wold cutt off bothe his eyres in
the tyme of whiche commynycacion thus had betwen the sayd
Horner Baten and the sayd Harreys the sayd Pryor with the
1 1533.
2 He has not been identified.
3 The will of a Thomas Baten of Bath was proved in 1573. Smith, Wills,
iii, 26.
i32 &tav Chamber
resydue of his sayd seruauntes som afore hym and sem behynd
hym wayting upon hym departed owte of the sayd churche by
reason of whiche wordes thus spoken and also of the grett
manesses and thretenynges then to the sayd Harreys gevyn he
not only durst not execute ne serve the sayd wrytt but also fer
savegarde of his lyve departyd owte of the sayd churche and
repayred to your sayd oratoure then beyng his master and made
reporte unto hym of all the matter before rehersed wherupon the
nexte daye ensuyng that ys to saye the thryd daye of the sayd
monyth of June your sayd orator repayred unto the sayd towne
and at his cumyng theder mett ther with one Sir Henry longe
knyght1 unto whom he made reporte of the varyance betwene
hym and the sayd Pryor and also declaryd unto hym howe that
the servauntes of the sayd Pryor wold not suffer the sayd Harreys
to execute the sayd wrytt of subpena upon the sayd Pryor and
also the evyll demenor and behavor of the sayd seruauntes
towardes the sayd Harreys prayng hym to speke with the sayd
Pryor concernyng the sayd matter and to see som good order to
be taken theryn and whyles the sayd Sir Henry Longe and the
sayd Pryor were in commynycacion together of the sayd matter
the sayd Horner Thomas Jenkyns Richerd Kyppyng and dyuerce
other tenauntes and seruauntes of the sayd Pryor to the nomber
of Ix persons or mo in ryouttes maner arrayde that ys to saye
with swerdes bucklers bylles and other wepyns in vasyve ageyn
your peace souereyn lorde by the commaundes of the sayd Pryor
envyronyd and beseged a certeyn howse in Bathe forsayd after
the maner and fashen of warre in the whiche howse your sayd
oratoure then was putty ng then your sayd oratour in grett feere and
jupardye of hys lyve the whiche malefactors and ryouttes persons
thus unlefully assemblyd and congregate to gether spake openly
and sayd that yf your sayd oratour wolde serve eny of the kynges
wryttes upon the sayd Pryor that then hit shold cost hym his
lyve and then & ther assauttyd the said howse and wold wyth
force and vyolence haue taken your seyd orator and such his
seruauntes as then were with hym in the sayd howse owte of the
same and in the whiche assaulte and unlefull demenour a certen
1 This was probably Sir Henry Long of Draycott who was in the Com-
mission of the Peace for Wilts in 1511, 1513, 1531 and 1532. At the date of
this suit he was high in favour with Thomas Cromwell. See Somers. Incum-
bents, 24, 92 ; Somers. Wills, ed. Crisp, v, 24, vi, 87.
&»tar Chamber Cages. 133
person beyng then seruaunt to the sayd Sir Henry Longe was
by the sayd malefactors wounded and after the sayd
malefactors and evyll doers att the request & desyre of the sayd
Sir Henrye left your sayd oratour in the sayd howse and departyd
imrhedyatlye after whiche departure of the sayd ryoutes persons
the sayd Pryor sent unto them fer ther so doyng xl^f or there-
aboute to make merye withall yn the sayd town of Bathe and
the sayd Pryor not with this contentyd nor satesfyed but
comynnyng in malyce ageyn your sayd oratour the xth daye of
June the sayd xxvth yere of youre moost noble reyn1 caused the
sayd Thomas Horner and one William Brown Richerd Cooke
and dyuerce other seruauntes to the sayd Pryor to the nomber of
xxt! or theraboute ryoutteslye arrayde with swerdes Bucklers
stavys daggers and other wepyns to lye in wayte for your sayd
orator as he was goyng from the said towne of Bathe towardes
his owne howse2 not beyng dystant from Bathe forsayd above the
space of two myles whiche malefactors by the commaundes of
the sayd Pryor the sayd xth day of June the sayd xxvth yere of
your most noble reyn with force and strengthe toke your sayd
orator and on William Hoskyns then his servaunt then beyng
with hym aboute the space of halfe a myle from the said towne of
Bathe and then from thens ageyn ther wylles convayde to Bathe
forsayd whom the sayd malefactors by the procuryng and com-
maundement of the sayd Pryor and Willyam Sherwode clerke3
put yn to the stockes ther and sett feters of irons upon ther legges
and toke from them suche wepyns as they then had upon them
and delyuered the same to the sayd Pryor and them kepte in
warde and pryson by the space of iij days and wolde not suffer
eny person to com unto them nor take eny suertyes for ther
delyuerance and so handelyd and intreatyd your sayd orator and
his sayd servaunt as thoghe they had byn the gretest felons or
murderers of this realm from the whiche enprisonment they colde
1 1533-
2 At Englishcombe. See below, p. 135.
3 William Sherwode was presented to the church of Englishcombe by
the Prior of Bath at some date between 1493 and 1537. Weaver, Somers.
Incumbents, 271. A William Sherwode is mentioned below as the vicar of
St. Mary de Stalls, but his name has not been found among the incumbents
there.
i34 ^tar Chamber
not be enlarged untyll suche tyme as your sayd oratour was
compellyd to bynde hymsylfe by a wfyting obligatorye in the
som of cc/z made by the sayd Sherwode with condycion therupon
endorsed that he shold not sore vexe nor treble eny person of the
sayd tovvne of Bathe for eny hurte or other thynge by them or
eny of them done unto your sayd oratour and after upon the
sealyng of the sayd wryting obligatorye your sayd oratour and
his sayd servaunt were sett att large and delyuered owte of pryson
and after forasmoche as the sayd Thomas Horner bare contynuell
grudge and dedlye malyce ageyn your sayd oratour and also
from tyme to tyme dyd hym grett hurte and dysplesure he caused
the sayd Thomas Horner aboute the last ende of August then
nexte ensuyng to be arrestyd by a writt of supplicauit1 and the
sayd Horner so beyng under arrest one Rycherd Cooke John
Talbott Thomas Baten Wyllyam Hayes3 William Brown John
Gybens Richerd Cokkes3 Thomas Jenkyns Thomas Hogges John
Bewson4 John Baker Thomas Nutte John Balorde Thomas
Shorston Rycherde Baten Henry More William Hore Mathewe
Smyth John Coffen Robert Coffen Richerd Byrde Morgan Taylor
Henry Abyam5 Mores Bryscowe Henry Gybbyns John Sanders6
and dyuerce other persons to the nomber of Ix of the seruauntes
and tenauntes of the sayd Pryours in ryoutes maner arrayde that
ys to saye with swerdes bucklers daggers stavys and other wepyns
by the commaundement of the sayd Pryour made assaulte and
affraye upon the bayles7 whiche had arrestyd the sayd Horner
1 The writ called " supplicavit " was issued out of the Chancery for
taking the surety of the peace against a man. It was directed to the
justices of the peace of the county and the sheriff. Cowell, Interpreter.
a He had a corrody in the Priory. Bath Chart., Ixxiii.
3 He obtained a 70 years' lease of Lyncombe Farm in 1538. Bath*
Chart., Ixxiv.
4 He obtained a lease of a tenement in Bath from the Prior in 1538.
Bath Chart., Ixxiv.
6 The will of Thomas Abiam was proved in 1593. Smith, Wills, iv, i.
A member of the same family had been mayor of Bath. See below, p. 145.
6 The will of a John Saunders of Walcot was proved in 1597. Smith,
Wills, iv, 367.
7 The bailiffs were the executive officers of the city, acting as sheriffs
within its bounds. They managed the gaol and market, executed writs,
had the control of the pillory, the stocks (of which there were later
Casitg. 135
and by reason of the grett feere and daunger that the sayd
malefactors dyd put the sayd bayles yn they for savegard of ther
lyves fled up the house of your sayd oratour att Inglescombe in
the sayd countie of Somercett dystant aboute the space of ij myles
from the sayd towne of Bathe unto the whyche house the sayd
malefactors in ther furye cam and beseged the same and callyd
for fyre to haue burnyd the sayde howse and also wyth axes
hatchettes and other toles and instrumentes they cutt the dores
and brake uppe the walles of the sayd howse in dyuerce places
and put your sayd orator and all suche other as then were yn
the sayd howse in grett feere and jupardie of ther lyves and after
for feere of burnyng of the howse of your sayd orator and also
for savegarde of there lyves your sayd oratoure was fayne to cause
the sayd Bayles to delyuer and sett att large the sayd Horner
withoute fyndyng eny suertyes for the peace or other thynge and
after the seyd Pryour by beryng and meyntenaunce of suche
frendes as he hathe in the sayd Shyre hathe caused William
Kent and Thomas Kent who arrestyd the sayd Horner by vertue
of the sayd supplicauit to be endyted of felonye as princypalles
supposyng that they shold att the tyme of the sayd arrest take
from the [said Horner] his pourse and xxvjs viij^ of money
theryn and a certeyn woodknyfe whiche the sayd Horner then
had upon hym and also haue endyted your sayd orator and John
Byskowe and John Howell seruaunt to your sayd oratour [as]
accessories in the sayd felonye wherof truthe most dred souereyn
[lord] the sayd Horner at the tyme of the sayd arrest lackyng
money to paye his fees requyred your sayd oratour to lend hym
som money for the same and that most drad souereyn lord the
sayd Pryour and the other malefactors so [bear them]sylfes that
neyther they regarde nor feere your grace nor your lawys and
by reason of the grett frendes of the sayd Pryour beryng &
meyntenaunce the parte and behalfe of the sayd
Pryour nott only he but also the grett of all the other
malefactors shalbe unpunyshed to the grett encoragyng and
boldyng of suche other malefactors yn tyme cummyng yf due
two sets, one near the pillory in High Street, between the Guildhall and
the Abbey, and the other near the Hot Bath), the rack, the cage and the
cucking stool. Bath Municipal Records, 44, 45.
136 £tar Chamber Cases!.
correccion be nott with spede had in the premisses Hit mey
therfore please yowr grace the premisses considered] to graunt
seuerall wryttes of subpena to be dyrectyd to the sayd Priour
Horner Richerd Cooke John Talbott Thomas Baten William
Hayes William Brown and all the other before namyd malefactors
commaundyng them by vertue therof personally to [appere]
before your grace and your moost honerable counceyll att
Westminster att a certeyn daye to awnswere to the premisses &c.
The aunsewer of William Priour of the cathedrall churche
& monasterye of Bathe to the bill of complaynt of
William Crouche.
(He says that the said bill is uncertain & insufficient etc.) As
to the seid hospitall he seith that itt is & hath ben tyme oute of
mynd of the foundacion & gyft of the seid Priour & his pre-
decessours priours of the seid monasterie and the seid now
Priour seyng the great ruyne & decaye of the seid hospitall
& entendyng to see the same edifyed & ordered acordyng to the
true entent & mynde of the founders therof in euery thyng
obteigned a licence of the reuerend father in God John now
Bishop of Bathe1 dyocesan of the same to retaigne & kepe styll
the same hospitall in his owne handes to the intent to newe
reddifye repaire & maynteyn the seid hospitall with the rentes
revenus & profittes belongyng to the same by force whereof your
seid orator so did & therupon made great cost & reparacions as
well upon the seid hospitall as upon the mesez & tenementes
perteignyng to the same wheryn the seid priour dispendid ouer
& aboue the revenus of the same hospitall aboute the some of c
markes and afterwardes the seid Crouche by his crafty & subtill
mynd bore in hand the seid priour & perswadid hym that he
cowde in no wyse kepe the seid hospitall by the lawe so that by
suche crafty meanes he putt the seid Priour in mynde to geve
the same hospitall oute of his hondes or elles he shuld luse itt
wherupon the seid Priour in consideracon of the good qualities
vertus & merytes of oon John Symons & at the specyall labor &
desire of the seid Crouche gave frely the seid hospitall to the
seid Sir John Symons wher as the seid Priour myght lawfully
haue kept itt in his owne handes without that that &c. &c.
1 John Clerk, Bishop of Bath 1523-1540. Warner, Bath, 153. See
above, p. 81.
Cages. 137
Thaunswers of Thomas Homer and William Sherwode
clerc to the byll of complaynt of William Crouche.
The said Thomas Homer for aunswer saith that the saide
William Crouche is a comen quareler and a comen mayntener of
theves vagabonndes and of many other evyll doers about the
Cittie of Bathe and also a common oppressor ... in that
parties And of the same he is lawfully indicted by severall
indictementes before the kyng is justice of peace in the countie
of Somerset for whiche upon complaynt made asweill to the
maire of the said citie of Bathe . . . the kyng is Justices of
peace within the saide Cittie as allso to the kyng is Justices of
peace vvithin the saide countie of Somerset for the evyll and
and malicyouse disposition and mysdemeanour of the said
Crouche to the . . . subgetes . . . awarded for his
goode aberyng as well by the kyng is justices of peace within
the saide countie of Somerset as allsoe by the maire and other
justices of peace within the said City of Bathe of ... is
directede to the saide Thomas Horner and other by the saide
Justice of peace within the saide Cittie of Bathe to cause the
saide Crouche to come before the said Maire or oone of the said
Justices of peace . . . cittie of Bathe to fynde surties to be
of good aberyng ayenst all the kyng is liege people and if he
wolde refuse soo to doo than to attach hym and bryng hym to
Gaoll ther to remayn tyll . . . Thomas Horner happenyng
to meete the saide William Crouche within the saide Cittie of
Buth and the liberties of the same requyred and comaunded
the said William Crouch . . . accordyng to the said waraunt
whiche to doo the saide William Crouche obstinately refused
wherupon the saide Horner by vertie of the saide waraunt
. . . William Crouche ... the saide Cittie as [lawful]
was for hym to doo whiche is the same supposed ryott and
unlawfull assemble by the saide Crouche in his saide byll of
complaynt falsely [surmised] to be doone [and caused the said
Crouche to come] before the saide maire and other the kyng is
Justices there to fynde surties to be of goode aberyng accordyng
to kyng is lawes and allsoo of his ... and peruerse mynd
. . . maire and other . . . Justices there callyng and
malicyously saying that they were villains churles knaves and
beggers and further threatnyng and saying that he wolde cause
T
138 &tar Chamber
. . . the said cittie of Bathe shulde be no better [than Walcot]
a little suburbe of the same the saide maire with the other
Justices deteianede and kept sure the same Crouche in the kyng
is ... surties were bounden by ... for his good
aberyng. And after that surtie and boundes made he was
delyuerde and sett att libertie And after the saide Crouche soo
. . . kyng is lawes for suche manassyng and threatnyng
worde's that the same Crouche then hade spoken towardes the
said maire and citizens of the said cittie . . . by obligation
in ccli . . . with condition endorsede therupon that he
sholde nott vex trouble nor unquriett the saide maire nor anny
other . . . accordyng to ... in forme [ The remainder
of this bill is in very bad state ; the wliole of its substance can be
gathered from the other documents in the matter, and it has not
therefore been transcribed^
Writ, dated 13 March 25 Henry VIII.,1 directed to Sir
Edward Wadham2 and Sir Walter Hungerford, knights,3
authorizing them to take the answer of William, Prior
of the monastery of St. Peter of Bath, to the complaint
of William Crowche.
BUNDLE 20 (No. 78).
The replication of William Crouche to the awnswer of
William, Pryor of Bathe, denying that the prior had
licence from the Bishop of Bath to receive and keep the
hospital of St. John, and alleging that the prior received
the profits thereof by the space of seven years or there-
abouts, and converted the same, or most part thereof,
to his own proper use ; nor did he expend the sums he
alleges in his answer in the repairing of the hospital
and its buildings, etc., etc.
1 1533-4-
2 Sir Edward Wadham of Tormarton (co. Glouc). He died in 1547.
His family had much influence in Bath, and in 1553-4 John Wadham was
one of the arbitrators in a dispute in which the Corporation were concerned.
Bath Munic. Rec., App. xxiv.
3 Sir Walter Hungerford was squire of the body to Henry VIII. He was
sheriff of Wells in 1533, was created Baron Hungerford in 1536, and was
beheaded, with Thomas Cromwell, four years later. Diet, Nat, Biog.
Cfyambrr Case*!. 139
The replication of William Crouche to the aunswere of
Thomas Horner and William Sherwoode.
The compleynant denies he is a common meyntenor of
theves vacabondes and yll doers aboute the cyte of Bathe as
specified in the said awnswer, or a commyn oppressor of the
Kynges liege peple in the said parties, as is untruely and
slanderouzly allegged, or that he is lefully indyted of any of the
said offences before the Kinges Justices of his peace within the
countye of Somersett ; if he be so endyted of the said offences
hit is by the beryng, meyntenaunce and enbrasye1 of the said
Thomas Horner and William Sherwoode, and their frendes and
fautors, whiche be of so grett power in the said countie, and so
knytt to gether in confederacie and mychuffe that they at ther
plesure endyte trewe men of felonye and acquite theves and
murderers, to the grett enquyetnes and dysturbance of the most
parte of the sayd countye and in especiall of the pore honest
peple of the same, and withoute that ther wer any warrauntes
opteyned or procured of the Justices of the pece of the sayd
countie or of the mayre of the town of Bathe ageyn the com-
pleynant, but onely suche as wer optayned by the crafty meanes
of the sayd defendauntes, who with diligens from tym to tym
yndever them syllfes to putt the sayd compleynant to suche
treble, and besynes that he shold be drevyn and enforced to leve
the said countye of Somercett and the said town of Bathe. And
without that the said Thomas Horner at the tyme that he wold
have arrestyd the compleynant had eny warraunt ageyn hym,
or that the sayd Horner mett with the compleynant within the
cyte of Bathe or the liberties of the same, and required the
compleynant to com before the Justice of the peace within the
sayd cyte to fyend suretes in maner and forme as in the awnswer
is alleged, which yf he had doon the compleynant was not bound
to obaye the same ; or that the compleynant obstynatly refused
eny thing he was bound to doo ageyn the Kinges lawes, or
dyspysed the mayre of the said cyte of Bathe or other the
Kynges justyces there, or sayed that they or eny of them were
vyleyns, churles, knavys and beggers, or that he wold cause the
said cyte of Bathe to be no better than Walcott, a lytle suburbe
1 Embracery, i.e. corrupt influence.
140
of the same towne ; or that the deteyning of the compleynant
in prison by the mayre and justices ther was lefull ; or that by
his own frewyll he becam bounden by obligacion upon any such
condicion as in the said awnswer is recyted. But he sayth that,
perceyving he shold not be delyvered owte of the prison in the
which he then was, ageyn his wyll and by occacyon of ynprisone-
ment sealyd the said obligacion ; or that the compleynant of his
malyciouz mynde caused William Kent and Thomas Kent
namyd in the said awnswer, or other riottes persons, wrongfully
to lye in waite to bete and slaye the said Thomas Horner, or
that they did so lye in waite, or dyd take from him his purse, or
the some of xxvj^. viijW. therin supposed to be contayned, or
eny some to the knolledge of the sayd compleynant ; or
thretned to murder the said Horner, or compellyd hym to goo
with them to the dwellyng house of the compleynant att Englishe-
combe, or spake to hym eny terrible wordes or sayed that they
wold slaye hym, or that they were commaunded by the com-
pleynant so to do ; or that the compleynant laye in wayte to
bete and slaye hym, or spake to the said Horner any such wordes
as are alleged in the awnswer; or that William and Thomas
Kent be lefully endyted in the said countye of eny robberye,
felonye or misdemenor. But he sayth that the sayd Horner,
beyng the grett rynge leder of inquestes within the sayd countie
and an embrasor of juries within the same, by beryng and
meyntenaunce of dyvers persones, has wrongfully caused the
compleynant and the said William and Thomas Kent to be
endyted of felonye (etc.) ; or that the said Horner was brought to
the house of the said Crouche and ther ageyn the lawes enpry-
soned or sett in the stockes in such wyse that his fete were much
higher then his hedde, or that he was put in eny jepardye of his
lyfe ; nor dyd the compleynant manysse with grett othes that the
said Horner shuld never escape his handes, or that ther was any
fresh sute made for savegard of the lyfe of the said Horner, or
that the compleynant gathered into his house malefactors and
other riottes persons to the nombre of xxli with wepons (etc.), or
sayd that persons coming to his house shuld nott see the said
Horner, or that it shuld cost xxli mennes lyves before they should
have the sayd Horner or his goodes, or shott arrowes owte of the
house ageyn the Kinges subgectes then assembled to have a
Chamber Cages. 141
sight of the said Horner, but he saith that dyvers persons that
were so assembled cried with open voice to have fire to have
burnyd the house of the complaynant, and to have destroyed all
such persons as then were within the same ; and fetched fyre
and strawe for the same entent, and shott arrowys into the house
of the complaynant, and putt them in jepardye that were within ;
then some of the persons that were within shott arrowys owte
of the house, and hurt the same Thomas Shurston namyd in the
said awnswer, who then had fyre in his hand to have burned the
house.
VOL. III., FO. 312.
The witnes upon certeyne interrogatories betwene the Prior
of Bathe and William Crowche taken afore Sir William
Stowrton1 and Sir Henere Longe,2 knyghtes, the xvth daie of
June xxvjth yeare of King Henry the viijth.3
William Howell of the age of Ij yeres, John Crowche,
xl yeres, William Kent, xxxj yeres, deposith that the Priour
of Bathe that now is made a graunt4 to oon Thomas West of
Bathe of a ferme whiche appertayneth to the master of Sent
Jonys of Bathe, yett being in the handes of the said West ; and
also Sir John Symons, clerck, now being master of Seynt Jonys
aforeseid, saythe that att the tyme of his first entryng into the
hospitall the Prior requyred hym to performe and upholde all
suche graunttes as was made afore by the said Prior to certeyne
other persons. The Prior toke the hoole profittes of the same
hospitalle. Whether he came lawfullie to the same hospitall or
noo, itt is to theym unknowen.
Everie of theym seithe that there was communication betwene
the Prior and the seid Crowche for the seid hospitall, and there
was paide to the Prior at oon tyme xl //., and att an other tyme
xx markes, for to have the seid hospitall ; and the seid Sir John
1 He was the nephew of the William Lord Stourton who died in 1523,
when he was followed by his brother Edward. The latter, on his death in
1535, was followed by his son the Sir William Stourton of this suit. He was
in the Commission of the Peace for the county from 1530 onwards and died
in 1548. L. andP.) Hen. VI1L, iv, g, 6803, (12.)
2 See above, p. 132. * 1534.
* This grant has not been found in the Register of Prior Holleway.
J?tar Chamber
Symons seith that he was present att Come, when the Prior
graunted the advouson of the said hospital! next thenne
folowyng to the seid William Crowche, whiche is nott yett
performed.
Every of them doo seie that Crowche exhibited a bill to the
Kynges highnes to have a subpena directed to the seid Prior.
And farther John Turney, genttilman, William Chapman and
John Harris seide that every of them sawe a subpena in the
handes of William Crowche, directed to the said Prior. And
John Harris seith that he cam in to the cathedralle churche of
Bathe aforeseid by the commandment of the said William
Crowche, havyng with hym the said subpena to serve upon the
Prioure. And thenne came to hym oon Thomas Horner [and]
Thomas Baten, servaunttes to the seide Prioure, and demaunded
hym whate he made there. And he seide he came to serve the
Kynges write of subpena. Then they toke hym by the ij armys
and led hym by force owte of the seide churche. And Baten
bade hym that he shuld nott presume to cum noo neere the
Prior, for if he dyd he wold cut off his Eeris. And by there
meanys and others of his servaunttes the Prior was conveide
aweie, so that he myght not serve the Kynges write. And also
Thomas Horner seide that he wolde pare of his eeris yf he
served anny writte ther, by reason wherof the Kynges writte was
unservyd.
John Harris seith that the next daie William Crowche went
to Dreycote, to the howse of Sir Henere Longe, and desyred
hym to cum to the Priour of Bathe, and made relacion of the
premysses aforeseid to thentent that Master Longe shulde desire
the Prioure to take sum goode ende with the seid Crowche and
soo furthe withalle come (sic) togederes the next daie to Bathe,
and soo moved hym consernyng the premisses to be contentid
to have amend as is aforewritten.
They seie it is of trewthe such riottes were made by Thomas
Jeynkyns, Richard Kipping and others the prioures sarvaunttes
to the nomber of Ix persons and more.
Richard Kypping, servaunt to the said Priour, seide at the
tyme afore expressid in Bathe, that if the seid Crowche wolde
serve anny write ayenst the Prior his master, that hitt shulde
coste hym his life, and he with other malefactors wolde have
Chamber Cases. 143
pullid hym oute of a howse which the seid William Crowche
toke for savegarde of his life. By the mediation of the said
Sir Henere Longe they suffred Crowche to be in the same howse
still.
Richard Pereman and all the other deponents doo seie that
immediatlie after the same malefactors were pacified the Prior
sende to theym in rewarde to drynk att the wyne by oon Heys
or Herford his servanttes xxdl in to the towne there.
Richard Pereman,1 bailye of Bathe, William Chepman,2
William Howell and William Kent, doo sey that Thomas
Horner with others withoute the libertie of Bathe by the space of
a quarter of a mile laye in waite riotouslie bittwixte Bathe and
the howse of the said Crowche, and made a saulte upon him and
William Hoskyns, his servant, having forrest bylles, swerddes,
buklers and stavis, and by force carried hym bak to Bathe
ageyne, and soo kepte them bothe in the stokkes by the space
of iij days and nyghttes. And the said Horner toke aweye the
keye from the bailye, and kepte hym hymselfe. And such
persons as came in with hym drew a dagger, and sett to the
stommake of the seid Crowche. And also the said Horner as the
seid Crowche sate in the stokkes shoke hym by the beard, and
shoke his fetters afore hym in greate derizion. And the Priours
cooke sett a horselok upon the leg of the seid Crowche.
The seid Richard Pereman, Sir John Symons, Thomas Kent
and others doo sey that oon Sir William Sherewodde and the
mayre, with all the Priours servaunttes, constreyned the said
Crowche by force to sealle an obligation bynding hymselfe in
cc //. to the malefactors aforesaid, never to sew or trouble them
for his imprisonment.
They doo sey that Crowche sewed a speciall supplicauit3
directed to all the Justices of the peace within the countie of
Somersett, whiche supplicaunt was delyvered to the handes of
Sir William Stourton, Knyght, who made his warrante ayenst
1 The will of a John Foreman of Bath was proved in 1596. Smith, Wills,
iv, 334-
2 The will of William Chapman of Bath was proved in 1586. Smith,
Wills, iv, 36. His name appears as one of the leading citizens of Bath in
1553. Bath Munic. Rec., App. xxiv.
3 See above, p. 134, n. i.
144 £>tar Chamber Cases.
Thomas Horner and others, according to the tennor of the
seyde writte, and appoynted therein to be baylys William Kent,
John Bisto and others, who attachid the seid Horner and
arrested hym by virtue of the same writte, and brought hym to
Inglescombe, ther to be suerlie kepte in the howse of the seid
William Crowche ; as it is also recorded by the deposicion of
John Graunte, John Buls, Phillip Robyns, William Erie, Thomas
Kent and John Appowell.
They sey that Richard Cokkes, John Talbott, Thomas
Batyn, William Heys, William Browne, John Gybons, Richard
Coke, Thomas Jeynkyns, William Tailor, Thomas Hoggis, John
Baker and others to the nombre of Ix persons came from Bathe
to Inglescombe aforesaid, wher as the seid Horner was in
custodie, and with ryotowse manner broughte fyer with theym,
and shotte arrowes to theym that were in the howse of the seid
Crowche, and assaulted the same ; and for feare of burnyng of
the same howse and those who were within, Crowche caused the
same Horner to be delyvered to the handes of the seid rioters,
withoute fynding any suerties. And also they hewde with an
axe the doris of the same howse.
Philip Robyns and others deposith that Horner, after the
tyme that he was arestid and brought to the house of the same
William Crowche, desyred that he myght have a messynger to
go to the viccar of Inglescombe to desyre hym to lend hym sum
mony to paie his fyne and other cosstes, for he seid he had left
his pursse at Bathe, and the seid Crowche seid he shuld lak no
money while he had anny in his pursse.
(signed} W. Stourton, by me Henry Longe.
Writ1 directed to Sir Edward Wadham, knight, Sir Walter
Hungerford, knight, and William Vowell, gentleman,2
commanding them to take evidence in the matter
pending between William Crouche and the Prior of
Bath, dated 16 July, 26 Henry VIII.3
1 This and the following documents are filed in volume x ; but they are
here printed with the rest of the suit to which they belong.
2 See pp. 97, 138.
3 1534-
Cljamfctr CasfrS. 145
This is the certificatt of Edward Wadham and Walter
Hungerford, Knightes, upon the said commyssion, wheruppon
certeyn persones indifferent as herafter doth appere dyd appere
before the said commyssioners syttynge at Bathe the ixth day of
October in the xxvjth yere of the reigne of Kyng Henry theight.
The first Interrogatory.
Whether the said Crouche be a comen quareler and a mayn-
tener of theves and vagaboundes and what be his yll demenors.
John Byrde, oon of the aldermen of the Cittie of Bathe and
oon of the Kyng is Justices of the pease there, of thage of liij
yeres and more, saith that he hath knowen William Crouche
sithens his furst comyng to Inglysshcombe within the countie of
Somersett, which is vij yeres passed or there aboutes, as he remem-
breth, for he saith that vj years passed or there aboutes oon
Robert Abyiare of the cittie of Bathe was then maire of Bathe,1
and used ther to make clothe,2 and dyd sett peapyll dayly in
worke to the nombre of iijC persones or there aboutes, as he now
remembreth. And the said Crouche then began to trouble and
vex the said Robert Abyiare by the lawe for the havyng and
usyng of the Kyng is scale of the awnage3 within the said cittie of
Bathe, which said Robert then hade a lease thereof; by reason
wherof and of the lewde wordes that the said Crouche hade to
the said Robert, as in my presence and heryng the said Crouche
called the said Robert cankerd churl, knave, and other oppro-
brious wordes, the said Robert then beyng maire and the Kyng
is lieutenant there, for the greate mayntenaunce and beryng of
the said Crouche dyrst nott abyde nether tarye within the said
cittie, but departed and went from the said cittie of Bath untill
the towne of Bristoll, wherby the said cittie is the wurse for his
departyng and impoveryshing of the peaple within the said
cittie Dc markes and more.
1 Unfortunately Warner's list of mayors is a very fragmentary one, and
the Municipal Records adds very few names. Abyiare's name has not been
found in either.
2 Bath was of course a great centre of the West of England cloth
manufacture. See Munic. Records, ^^ ; Warner, Bath, 176. The Company
of Weavers was a flourishing one.
3 Under the Assize of Cloth an aulnager was appointed to keep local
measurements up to the official standard. Cunningham Hist, of Eng.
Industry and Commerce, \, 322.
U
146 £>tar Chamber
Moreover he saith that ij yeres then folowyng Thomas
Whelpeley,1 oon of the said cittie, was maire of the same cittie,
then usyng to make clothe, and sette the people of the said
cittie in worke, whiche lykewise was soo troubled and vexed by
the said William Crouche and his ~adherentes that the said
Thomas might not tarye nor abyde quyetly within the said
cittie for daunger of his lyfe, by reason wherof he was compelled
to departe from the said citte of Bathe unto the cittie of Salis-
bury, unto his utter undoyng for ever, and the impoverishment
of the occupyeng of the poore people of the said cittie. And
this deponent knoweth that thoccupyeng within the said cittie is
the wurse by reason of the trouble of the said Crouche a
thousand markes and more. And further saith that the said
prior hath sithens he was prior there used and daily dooth use
good religiouse rule and kepeth great hospitalitie at his monas-
terie of Bathe ; and that the said prior is the wurse for the
vexacions and trouble of the said Crouche cli. and more. And
further he remembreth nott
Jeffrey Steynor, otherwyse called Jeffrey Framcombe,1 oon of
thaldermen of the said cittie of Bathe, of thage of Ixxij yeres
and more, deposeth in every thynge as the said John Byrde hath
deposed ; and that ij yeres paste or thereaboutes this deponent
was then maire of the said cittie of Bathe, and in the same tyme
the said William Crouche wold repare unto the said cittie by
nyght and also by daye, and wold have in his companye vj or
viij eyvll disposed persones, which were of ill name and fame,
arrayed with swerdes billes and other wepons, and resorted
unto the house of oon William Chapman, whiche Crouche is
there suspected of yll rule, and that itt is openly knowen that
the said Crouche dooth live in aduoultre with the wife of the
said William Chapman. The worshipfull officers of the Bisshop
of Bathe att the lawe daye holden at Bathe then putt fyne upon
the said Chapman for these evyll disposicions and behavours in
his house. And whan he was maire the xvj day of December
or there aboutes this deponent was in communication with
William Sherwode, vicare of Stalles within the said cittie, and
as they were together cam the said Crouche and with hym in
1 His name also is not found in the printed records of Bath.
J^tar Chamber Casts. 147
companye oon William Kentt,1 a light and ill disposed persone,
and divers other quarelers, ryoters and yll disposed persons, and
in the presence of this deponent the said Crouche in a furyouse
fashion svvare by our Lorde is woundes that he wolde leye his
swerde upon the said Sherwode is hede. And therwith this
deponent feryng the sayenges of the said Crouche stepped furth
betwen the said Crouche and the said Sherwode. And then
Crouche made a signe to the said Kentt, which Kentt therupon
drewe his swerde and sodenly stroke the said Sherwode on the
hede to thentent as itt semed to have sleyn hym. And then
this deponent commaunded the Kyng is pease to be kepte, and
by reason of the citizens soo ther kepte the Kyng is pease with
moche busynes. And then the said Crouche threatned further
to keyll the said Sherwode. Crouche hath reported that if he
may take this deponent out of the said cittie of Bath, that he
wyll keyll hym, in somoche that this deponent hade fermes of
shepe and other thynges without the said cittie, and fro that
tyme that he was maire nether yette he dare not goo owte of the
said cittie of Bathe for fere of jeopardie of his lyfe of the said
Crouche, William Kent and dyvers others evyll disposed
persons, to vewe his shepe and fermes, excepte he doo goo by
stelthe ; that in somoche this deponent beynge a verye olde
man is compelled to sell aweye his lyvyng that he hath in the
countre owte of the said cittie, for he is nott hable to goo ryde
nother yett laubor to compleyn for remedye. And more he
remembreth nott, butt desireth God to putt itt in the Kyng is
counsaill is myndes to dryve the said Crouche and his adher-
entes owt of the said countre for elles they wyll as they doo
make moche stryffe in that countreye to the utter undoyng of
the said cittie of Bath for ever.
Thomas Whelpeley, oon of thaldermen of the said cittie of
Bathe, of thage of Ij yeres or there aboutes, desposeth as above,
and further saith that he knoweth that the said cittie of Bath is
in maner undone by the said William Crouche and his lewde
companye, and that he useth moche yll rule, and is a man that
had made many quarels and frayes upon the citezens of the said
cittie.
1 The family of Kent was prominent among the weavers of Bath in 1515,
as also were the Chapmans and Styles. Leland, Itinn ii, 67.
148 &tar Chamber
Henry Kavell, now maire of the said cittie of Bath, of thage
of 1 yeres or there aboutes, seyth that he knoweth that the
sayeng of the said John Byrde is true in every thyng, butt that
he remembreth nott whether the said Whelpley departed from
the said cittie unto the cittie of Salisbury for any such cause as
the said Byrd hath deposed, the cause of his departyng he
knoweth nott. He further saith that iiij yeres passed or there
about this deponent was then maire of the said cittie as he nowe
is, and that then the said Crouche hade many light and lewde
wordes ageynst dyvers of the said cittie of Bathe, by reason this
deponent att that tyme hade moche to doo to kepe the Kyng
is pease between the said Crouche and the comons of the said
cittie, and many quarelles and frayes have bene made in the said
cittie by reason of the said Crouche ; and more he remembreth
nott.
Thomas Style,1 late maire of the said cittie of Bathe, of
thage of Ix yeres and more, deposeth as above, and that Jeffrey
Steynor was putt in suche fere of his lyfe by the said Crouche,
that the said Jeffrey, beyng maire of the said cittie in presence
of this deponent and dyvers others desyred upon his knies of
thother Justice of pease and aldermen of the said cittie to have
the pease of the said Crouche. And by reason therof upon a
waraunt of the pease the said Crouche was arrested in Bathe,
and putt in prison tyll he hade founde surties for the pease ; and
more he remembreth nott.
Henry Francombe of the said cittie of Bathe of thage of
xxx yeres or there aboutes, saith that about the Soneday
after Seynt John is daye laste passed, as this deponent
remembreth, he was att Hemyngton within the countie of
Somerset, and soo the Moneday folowyng this deponent was
comyng fro Hemyngton to Bathe, and att Twenowe3 in a lane
he mete with William Crouche rydyng with wepon by his syde,
and said to this deponent that there was a cople of knaves
within the said cittie of Bathe, the one was the said Jeffrey
Steynor and thother John Byrde. And further said to this
deponent that he hade leyde wache for the said Steynor longe
1 See note i, p. 147. The will of Thomas Style of Bath was proved in
1536. He died, therefore, very soon after this. Smith, Wills, ii, 510.
2 FTwinhoe in Wellow.
Cfyambrr €a$t4. 149
tyme, and cannott meete with hym, and that he vvyll Icyc watchc
for him stylle, and if he may meete hym he wolde rydde hym
owte of the vvorlde yf he shuld therfor be hanged by and by, and
wolde advyse hym that he doo nott meete with the said Jeffrey
Steynor. And this deponent said that he wolde shewe the said
Steynor therof. And then the said Crouche made lyght with
signes of his fyngers and rydde his wcye ; and more he
remembreth nott.
Johane Skydmore of Welowe within the countie of Somerset
of thage of 1 yeres or there aboutes, saith that oon William
Skydmore, hir late husbond, hade a lease for terme of his lyfe of
the ferme of the parsonage of Wellowe aforesaid,1 and the said
William Crouche purchased the reversion of the said parsonage
of thabbot of Cicestre,2 as she herith seye. And hir said late
husbonde was diseased in a dysease in his legge, and the said
Crouche perceyving that the said William Skydmore hade the
said parsonage for terme of his lyfe, and the reversion therof was in
the said William Crouche, there (sic) was oon Guilliam a phisicion,
whiche late was com to the cittie of Bathe, and by the report of
oon William Kent, which was servant and of the counsaill of the
said Crouche, and to the intent that the said William Crouche
wold have the deth of the said William Skydmore, the said
Crouche perceyving that the said Guilliam was spoken unto and
after hade taken in hande to cure the said William Skydmore
of his disease caused the said William Kentt his servant,
which was famylyer with the said Guilliam to3 gyve such a
medecyn to the said William Skydmore that the said Skydmore
myght by meanes of that to shorte his lyfe, and that the said
Guilliam shuld have for his laubor vj //. xiijj \.i\]d. and a nagge
to carye hym owte of the countre. Upon whiche mocion the
said Kent refused soo to doo, sayeng that the said Guilliam wold
assone doo ytt upon his motion as otherwyse. Wherupon the
said Kent said that in his presence the said Crouche his maister
1 The patronage of Wellow belonged to the Abbey of Cirencester.
Weaver, Somers. Incumb., 207.
2 William Crouch presented John Simons, the Symonds of this suit, to
Wellow in 1554, but the next presentation after the Dissolution, that in 1545,
was made by the King. Weaver, op. cit., 207.
3 A few words are evidently omitted here, e.g., " move him to."
150 j§?tar Cfjanujfr
mocioned the said Guilliam soo to doo. And he consented to
the same, and therupon gave a medecyn unto the said William
Skydmore by reason wherof the said Skydmore deceased. And
the said Guilliam came to seke the said William Crouche att
Bathe eyr that the said William Skydmor was departed, and
mete with him in an orchard in Bathe, where this deponent now
remembreth nott, and said he hade doone his desire, and that he
shuld be no langer combred with him. Wherupon Crouche
called hym to a hedge and there drewe his purse and delyvered
to the said Guilliam money, but whatt some the said Kentt was
not prevy too. And soone after the disceasse of the said
William Skydmore the said Guilliam departed owte of the
countre. All whiche matter in maner and forme as is before
rehersed the said William Kentt confessed at Bathe before Sir
William Sturton,1 Sir John Seyntloo, knyghtes, Waltier Denys,
Maister Vowell and Maister Bonham,3 esquiers, this deponent
then present, that he hade soo saide and confessed in every
worde to Thomas Horner of Melles, then beyng there att Bathe
present and leyng ytt to his charge.
John Whyte of Wellowe aforesaid of thage of xxxviij yeres
and more, saith that he herde all the sayenges of the said
William Kentt before rehersed by the said Johane Skydmore,
and more he remembreth nott.
And further booth thies deponentes sayen that the said
Guilliam dyde gyve a medecyne to the said William Skydmore
whiche was pounded in a dysshe, and after he hade gyven the
said medecyn he caused the dysshe wherein the medecyn was
made and pounded and alsoo the papur wherein the said madecyn
was putt to be brent immediately, and to this booth thies de-
ponentes were present.
Item whether the said prior be a man of good name and
fame.
All these persones whoos names are subscribed to this bill
doo reporte and be redy to depose that to there knowlege
and comen reporte of the countre the said William, Priour
of Bathe, is a good religiouse man in hys lyvyng and conver-
1 See above, p. 141, n. i.
2 This was perhaps John Bonham, of Haslebury, Wilts, who was a
justice of the peace at this date.
Cijamfcer Cages. 151
sation and kepith good hospitalite and is of good name and
fame.
(signed) 1 Jo. Eps Bath & Welles.
2 Ric. Abbott of Glaston.
John Fetzwareyn.
3 W. Stourton.
4 Ric. Wooleman, Deane at Welles.
5 Wyllyam Knighte, Arch Rich.
Hugh Denys.
s Walter Denys.
7 Heughe Poulett.
8 Thomas Clerk.
Richard de la stroddew.
Roberte Baynard of Lacham.9
The iijde Interrogatorye.
Whether the hospitall of Seynt John in Bathe be of the
foundation and collation of the Priour of Bathe for the
tyme being.
William now Prior of Bathe, appered before us commyssioners
aforseid and shewed furth before us undre scale how the said
hospitall was gevyn unto the said monasterie and house of Bathe
by graunte without date whiche foloweth worde by worde and is
this : [ Translation] To all the faithful of Christ to whom the
present writing shall come Rainulph10 (Rain) by God's mercy
Bishop of Bath, greeting. Know ye that we, moved by the
love of God have given and [granted] in frank almoin to God
1 John Clerk, Bishop of Bath and Wells, 1523-41. See above, p. 81.
2 Richard Bere, abbot from 1493-1524.
3 See above, p. 141.
4 He was dean from 1529 to 1537.
5 He became Archdeacon of Richmond in 1529, and in 1541 Bishop of
Bath and Wells.
6 Sir Walter obtained a grant of the next presentation to the church of
St. Mary de Stalls in 1 538. Bath. Chart., Ixxiii.
7 See below, p. 191.
8 He was related to the bishop, and obtained various grants of lands,
etc., on lease from the Priory in 1537 and 1535. Bath Chart., Ixxiii.
9 PLottesham.
10 Ralph of Shrewsbury, 1329-1363, or Ralph Erghum, 1388-1400.
152 J!?tar Chamber.
and the hospital of St. John the Baptist, which is in Bath, for
the maintenance of the poor of the same place, one sheaf of
corn to be received every year from every acre of the whole of
our demesne of the bishopric of Bath. Moreover William, Prior
of Bath,1 and the convent of that place, granted to the said
hospital one sheaf of corn to be received every year from every
acre of their demesne for ever, and the tithe of all the bread of
the convent and the prior's court, and the tithe of all the cheese,
the tithe whereof they were not accustomed to give to the parish
churches, and the tithe of the flitches (carnmm\ which they
make every year in the court of the prior and monks at Bath.
And moreover we have granted to the aforenamed Prior William,
and his successors, and the convent of Bath that they shall for
ever freely ordain and dispose concerning the abovesaid hospital
house as of their own almonry. And for the ratification and
confirmation of this present charter, we have thought meet to
confirm it with our own seal and the seals of both of our
churches of Bath and Wells. And whosoever shall dare to
make void (irritare] this sheet (fiaginam) of our gift and grant
shall incur the wrath of God and of St. John the Baptist, and of
the Apostles Peter and Paul, and of St. Andrew and All Saints,
together with our own. These being witnesses : Alexander the
Dean and Thomas the Sub-dean of Wells, Master Godfrey de
Lanton, William de Cerda, Jocelin our chaplain, Master Roger
de Doncliz, Hugh Roger, Jocelin of Wells, William de Winton,
Roger de Bonneville, Richard Marshal, Adam de Rammesbury
and many more.
Also the said prior then and there shewed furth before us a
confirmation of Savaricke, somtyme Busshop of Bath and
Glaston,3 of the said donation begynnyng on this wyse : {Trans-
lation^ To all the faithful sons of Mother Church to whom this
present writing shall come, Savarick, by the grace of God
Bishop of Bath and Glaston, true greeting in Christ. Know ye,
etc., likewise without date. Also a graunt and confirmation of
1 The only William, Prior of Bath, of whom there is notice is William
Southbroke, ? 1425-1447 (Bath C/iart., Ixxix), who obviously cannot be the
one referred to.
'2 1192-1205.
Chamber Case*!. 153
the same hospitall and other of Roger,1 sometyme Busshop of
Bath and Welles, wherin is conteyned or recyted the grauntes
of dyvers kynges of England and begynneth thus : [Translation']
To all the faithful of Christ to whom the present writing shall
come, Roger, by the grace of God Bishop of Bath and Wells,
eternal greeting in the Lord. We by the prerogative, etc.
Given at Chewe in the year of our Lord 1246; with confirmation
of the Dean and chapitre of Wells. Alsoo a graunt and con-
firmation of the said hospitall amongest other thynges of
Walter,3 sometyme Busshop of Bath and Welles, begynnyng :
{Translation'] To all the faithful of Christ to whom the present
writing shall come, Walter, by the grace of God Bishop of Bath
and Wells, eternal greeting in the Lord. Those whom by the
prerogative of favour, etc. Given at Woky 2 Kal. March,
1302; with confirmation likewyse of the Deane and chapitre
of Welles.
Item the said Prior then and there shewed furth an old legier
mencionyng that John Clopton,3 sometyme prior of the said
priorye of Bath, gave the said hospitall as verry and right
patron to oon Sir John Babyngton in Kyng Edward the furste
is dayes. Also that John I fiord,4 sometyme prior there, gave the
said hospitall to oon Adam Hattefeld in Kynge Edwarde the
iijde is dayes, and soo shewed furth in the said legier every
maisters name that have been made by the predecessours of the
nowe prior and of the gifte of the said nowe prior without
trouble disturbance or lette of any other persone or persones,
and soo quyetly hath and doth contynue the same.
The iiijde Interrogatorye.
Whether the said now Prior hath a licence of the now
busshop of Bath to retayne the said hospitall in his
own handes to thentent to reedifye the same with
thissues and profites of the same.
1 Roger, formerly precentor of Salisbury, was bishop from 1244-1248.
2 Walter Haselshaw, 1302-1311.
3 He is the Prior John, surname unknown, who appears in the list of
priors (?) 1461-1469. Bath Chart., Ixxix.
4 Prior from i34O-(?) 1359. Ibid., Ixxix.
X
154 £>tar Cijamfctr CasicS.
The said prior then and there shewed furth before us a
graunte or lycence of unyon or incorporation of the said
hospitall of Seynt John is to the said monasterie and cathedrall
church of Bathe of the graunte and undre the scale of John,
now Busshop of Bath,1 wherof the tenor foloweth worde by
worde : [ Translation] To all the sons of holy Mother
Church, who shall see or hear the present letters, and especially
those whom it concerns or may hereafter concern, John, by
permission of God, Bishop of Bath and Wells, greeting, grace
and benediction. To the end that the hospitals and other
ecclesiastical places in our diocese of Bath and Wells, piously
granted to the necessary use of the poor, may not suffer ruin
in their buildings and edifices through default and negligence of
those who have charge of them, and the said poor be forced to
endure the calamity entailed by the ruin of such places, we, in
the zeal and anxiety belonging to our pastoral office, solicitous
concerning the damage and danger which we see has come to
some such places, intend to apply thereto the remedy of our
care, the rather since the necessity of the times and the reason-
ableness of the cause urge us thereto, and the increase of divine
worship demands the same. A petition set before us by our well-
beloved in Christ Master James Horton,2 " bachelor of decrees,"
master or warden of the hospital of St. John the Baptist in our
city of Bath, shows how the fruits, rents and issues thereof are
quite insufficient by reason of their being notoriously so small,
to maintain himself and the poor of his hospital, which has
brought great suffering on the said poor people ; also many
parts of the structure and fabric of the said hospital have
perished, and those that remain are threatened with irreparable
ruin. And, as the petition continues, if this hospital (to which
is annexed the parish church of St. Michael in the said city)
were united and incorporated with our monastery or cathedral
church of Bath, which resignation was made solely for the
purpose within written of preserving the same, and for no other
cause or inducement whatsoever, the best provision would be
made for the poor folks inhabiting there and divine worship
1 John Clerk, who was bishop of Bath and Wells from 1523 to 1541.
2 He was appointed as Prior of St. John's Hospital by William Bird
Prior of Bath, in 1520. Bath Chart., Intro., Ixxx and ii, No. 943.
Chamber Casts. 155
increased therein. Wherefore the said Master James, the master
or warden, fearing that still greater evil awaited the said hospital
in the future, humbly besought us to take steps in the premises
and to grant our favour. We therefore, sincerely sympathising
in this matter, and believing the petition to be just and con-
sonant with reason, have caused diligent inquiry to be made
concerning all and singular the premises, and we have ascer-
tained on our own behalf and from certain trustworthy persons
produced in this connection by the said master, that all and
singular the facts asserted by the said master (as is abovesaid)
are true, and that the said master wishes the state of the
aforesaid hospital changed for no wicked design but only for its
improvement. Therefore by the presents we unite, incorporate
and annex the said hospital, vacant by the resignation of the
said John, to our monastery or cathedral church aforesaid for
ever, so that it shall and henceforth may be lawful to the
venerable and religious man William, by the mercy of God now
prior of our said monastery or cathedral church, by the prior
accustomed to be governed, freely to take corporal, real and
actual possession of the same hospital by his own authority, and
to receive and take the fruits, rents and issues thereof, and to
convert and for ever retain the same to the use of our said
cathedral church and of the said hospital, and for the benefit of
the poor according to the first ordinance thereof, requiring no
licence therein from any superior authority. And for the more
sufficient maintenance of the poor and the more easily dis-
charging certain other burdens upon the said hospital, willing
with fatherly solicitude that the said hospital should be assisted
in its necessity, seeing the smallness of the rents and issues
thereof, which are insufficient as is abovesaid, for its maintenance,
understanding also that a certain sum of 8/z. of the usual money
of this Kingdom has been paid every year to the said hospital
from time immemorial, by the pious largess and grant of our
predecessors, bishops of Bath and Wells, the which payment
by tenor of these presents we do approve, and confirm the same
to be paid every year in the time to come on behalf of us and
our successors, to be applied to the benefit of the said hospital,
we decree and grant that the same shall be paid every year
peacefully, quietly and faithfully by our receiver for the time
156
being. Moreover we will, after the such union and incorporation
shall have been duly effected, that the said hospital shall not on
that account be defrauded of services, nor shall the [cure?] of
souls in the said parish church be in any wise neglected, but all
its charges due and accustomed of old time shall be maintained.
All and singular the which things, together with these our
present letters, and the things therein set forth and contained
we declare and notify to you one and all, that you may not be
able to pretend any ignorance concerning the premises. Given
at Wells under our seal 18 February, 1526.
Item the said Prior then and there shewed furth before us in
a parchement skyne writen thentent and ordynance of the said
Prior accordyng to tholde fundacion of the said hospitall, whiche
the said Prior hade sende by Maister Thomas, clerke unto the
said now busshop of Bath, to thentent that the said busshop
shuld se the same and new conferme the same ordynances, to the
drawyng wherof the said Prior hade, as be said before us,
counsaill as well spirituall as temporal!, the pennyng wherof to
booth the counsailles the said Prior reported of his presthod
stode hym in xl markes and above.
The fyfte interrogatorye.
Whether the said Prior hath made reparations upon the said
hospitalis and the tenementes belonging to the same
to the value of oone c markes or to what value.
Walter Symon, mason, of thage of 1 yeres or thereaboutes,
William Grace, mason, of thage of 1 yeres or there aboutes, and
William Hunt, mason, of thage of Ix yeres or there aboutes,
depose that William, now Prior of Bath, dispended and bestowed
in and upon the buldynges and reparations of the hospitall of
Seynt Johnis in Bathe and the tenementes and houses therunto
belongyng above the some of oone c poundes, And therof xl//.
passed and was accompted by the handes of the said Walter
Symon.
Also the said Prior then and there shewed furthe before us
a fayre playne booke in paper declarying what charges he hade
done in the buldynges and reparation of the said hospitall etc.,
in the which booke it doth appere particuler every man what
wages dyde take dayly for his or there laubor, whiche paymentes
Chamber Casts. 157
were delyvered wekely by the said Prior to his cosyner1 for the
tyme beyng, and moost in speciall to oon Dan John Bekyngton,
to thentent that the workmen upon the said hospitall shuld be
payed as they were and be to the knowledge of the said Prior ;
whiche buldynges and reparations mentioned in the said
booke drawe as appereth clerely by the same boke to the some
of Ixvij//'. vs. \]d, ot>.
John Bekyngton, cosyner of the house of the said Prior,2 of
thage of xl yeres or there aboutes, saith that he dyd sett for his
tyme the workmen upon the buldyng etc. of the said hospitall
etc. And that he made and wrote for the greate parte the said
boke shewed before the said commyssioners ; and he truly for
his tyme receyved the particuler sommes mencioned therin, and
so payed unto every persone named in the said boke.
The v]xt. Interrogatorye.
Whether the said reparations drawe above the clere yerely
value of the rentes of the said hospitall.
The said Prior then and there brought furth before us commys-
sioners a rentall of all the londes, rentes and other profytts belong-
yng in any wyse to the said hospitall duryng the tyme that itt
was in his handes, which yerely amounteth to the some of
xxviij//. xvj. jV., that is to say in rentt of assize xxij/z. viijj. \d.
More of a pension yerely of the busshop of Bath cs. and of
tythes of Seynt Mighell is churche xxvj^. \\\']d.
And thereupon oon John Talbot, of thage of 1 yeres or there
aboutes ; sayth that the said Prior appoynted and commaunded
hym to take tholde rentalles and other bokes belonging to the
said hospitall immediately upon the surrender or resignation of
the said Maister James Horten into his handes, and that the
yerely rentes etc. therin mencioned amounted to the some of
xxviij/z. xvj. ]d. and no more. And that he gathered the rent
of the said hospitall from the tyme of the said surrender untill
1 The explanation of this is difficult. In Dufresne's Glossary of Late
Latin Terms we find " Cosinerius," cook, but the duty with which we find the
cosyner charged here seems strange if he were the priory cook.
* He received a pension of £6 ly. j\d. at the Dissolution. Bath
Chart.) Ixx.
158 £>tar Chamber
the tyme that the said Prior gave the said hospitall to Sir John
Symons, now incumbent, which was as this deponent remembreth
by the space of v yeres or there aboutes, in all whiche he cowde
not knowe nor here of the said yerely rentes etc. to be above
the said some of xxviij/z. xvs. ]d. And longer the said Prior
held itt nott, butt gave it owt of his handes att the desyre and
speciall request as this deponent hath herd saye, and as the
comen fame is, of the said William Crovvch, to the said Sir John
Symons, whiche is a nighe kynnesman or alyaunce of the said
William Crouche, as reporte is. Duryng the said v yeres the
Prior made greate reparations and coste upon the said hospitall,
butt to what some this deponent remembreth nott. How beitt
he knoweth that the yerely charges besydes reparations and
buldynges payed by the said Prior for the said hospitall amounted
to xxviij/z. xixs. vd. ob. qa, that is to saye for the yerely wages
or stypend of ij prestes oone at the said hospitall and an other
at Seynt Mighell is xiiij v]s. v'rijd. Item in almesse to pore
people iiij/z. xs. v'rijd. Item in rent resolute xxvij.?. \\}d. ob. qa.
Item to this deponent, rent gatherer, lvj.y. vm]d. Item in obytes
or anniversaries iijs. \]d. Item in decayes of tenementes of the
hoole charge v//. xvs. And more this deponent remembreth
nott.
After which deposition the said Prior shewed furth before us
a bylle of the particles of the said charges (including) in almes
dedes of charite. Inprimis to Thomas Walsheman and his wyfe
wekely every of them iiijV., yerely xxxiiij^. v'rijd. Item to Julyan
Jenkins a pore woman wekely v]d. with a house to dwell in of
vijj. by yere rentfre, yerely xxxiiij^. viijW. Item to William
Macy1 wekely i'njd., yerely xvi'js. m]d. Item to William Hude
yerely nijs. Summa : iiij/z. xs. v'rijd.
In owt renttes : In primis to the Baily of the cittie yerely for
Langables2 xs. vd. ob. qa. Item to the proctours of the comons
for certen tenementes yerely ijs. vjd. Item to the proctours of
stalles v'ri'jd. Item to my office yerely vjj. viijd. Item to my
sexten yerely ijs. Item to my sexten ij Ib. of wax yerely xi'jd.
1 John Made of Witcombe, weaver, is mentioned in 1538. Bath Chart.)
Ixxiii.
2 i.e., land-gable, a tax payable to the corporation.
Cfjambtr CaSt3. 159
Item to my hosteler is office, i)s. Item to my pittansary is
office yerely i]s. Summa : xxvijj. iijW. ob. qa.
In wages. In prim is to Talbott Rentgatherer for his wages
yerely XX.T. Item for his lyvery cote xs. Item for his horde
yerely xxvjj. viijV. Summa : \v]s. viijW.
Item in anniversies or obites yerely n]s. \]d.
Decayes of tenementes ; Inprimis vijs. of a tenement decayed
that David Horseman somtyme dyde hold by the Crosse bathe.1
Item vij.y. of a tenement next to Seynt Mighell is church dore
now a garden. Item xiiijj. of ij tenementes decayed besydes
the Crosebathe. Item xxs. of a tenement called the Crowne.
vi'\)s. Item of a tenement besydes Woton. Item viijj. of ij
stables in Seynt Mighell is lane. Item iiijj. of the Cornehouse
decayed by Seynt Mighell is church. Item xvs. of iij tene-
mentes decayed and now gardens in John Whyte is handes in
Binbery Lane. Item injs. of the Cornehouse now a voide grounde
by the hote bathe. Item xxs, of a tenement decayed in West-
gate Strete. Item viijj. of a tenement that Hude hade. Summa :
v/z. xvs.
And soo the said Prior saith that the yerely charges of the
said hospitall besydes buldynges and reparations was above any
rentes and profites by hym receyved \\ijs. v]d. ob. qa.
The vijth Interrogatorye.
What ys the clere yerely value of the rentes belongyng to
the said hospitall.
The said John Talbott deposeth as he hath before deposed.
The viijth Interrogatorye.
Whether the said Crouch persuaded the said Prior and made
hyme beleve that he cowde nott keepe the said hospitall
in his own handes but shuld lease ytt yf he soo dyde.
The said Prior herupon demaunded and examyned sayth
that of treuth William Crouche, often and many tymes movyng
and spekyng unto hym of the said hospitall, bore him allweyes
1 The Cross Bath, the Hot Bath and the King's Bath are often mentioned
in 1 5th and i6th century records, also the " Crown," Westgate Street and
Binbery Lane. Bath Munic. Records ; Warner, Bath.
160 j^tar Chamber Cases.
in hande that he shuld nott any longer be suffered to kepe the
said hospitall, butt that he shuld shortely lease ytt, by reason
wherof he brought the said Prior in mynde and wyll to gyve
the same hospitall to some gode and charitable man, whiche
wold be content to recompense as reason wold such costes and
charges as the said Prior hade done and bestowed upon the said
hospitall. Furthermore the Prior saith that at the same he
shewed and opened hymselfe att London this sayeng and motion
of Crouche unto Maister John Skuse, Maister Doctor Peter
Lycham and to David Broke, his nigh frendes, and desyred there
counsaill, as he doubteth nott butt they and every of theym
wyll yett reporte yf they be therupon examyned.
The ixth Interrogatorye.
Whether the said Prior herupon and by the persuasion of
the said Crouche gave the said hospitall to the said
Sir John Symons.
John Symons now maister of the said hospitall of Seynt John
is, of thage of xl yeres or there aboutes, saith that by the meane
of William Crouche the said Prior gave to him the said'hospitall
of Seynt John is upon the consideration that he shuld content
to the said Prior costes and charges leyde owte by the said Prior
in the buldyng and repayring of the said hospitall and the
tenementes in the cittie of Bathe belonging to the same. And
after the payment of the said money by this deponent att Combe
within the countie of Somersett he saith that he herde the said
Crouche desyre the said Prior to be good unto hym, that if his
kynnesman this deponent shuld dye that he myght [have] the
next avoydaunce. And the said Prior then said that the said
Crouche wolde be nopreaste, what wyll youe doo with ytt. And
then the said Prior said that he wold be gode unto hym yff itt
soo chaunsed that hys kynnesman dyed ; and more he cannott
saye, butt that immediatly after the graunt of the said hospitall
made by the said Prior to the said Crouche this deponent
receyved from the said Crouche a lettre writen with his owne
hande wherof the tenor here foloweth :
Cousyn, in my right herty maner I recommende me unto
youe, advertysyng youe that I have desyred my lord Prior of
Bath to be good unto you, and he hath at my desyre gevyn unto
Chamber Cades!. 161
youe the maistership of Seynt Johnis of Bathe, which is a verye
worschipfull promocion, for ytt is of rent of assise by the hoole
yere xviij li. besydes other profites and casualties to the same
belongyng, as ye shall more perfitely knowe att your comyng.
If itt please youe to take ytt upon youe ye mooste paye for all the
costes that my lord Prior hath doone upon the place and other
houses belongyng to the said house, which amounteth to the
some of iijxx poundes. Howe beitt ye shall pay no more at your
entre but xl //'. in hand. And for the rest I trust we shall intrete
my lord wull inough for ytt either to forgyve halfe or all, which
is xx11 poundes. And thus fare ye wull. I pray youe geve
credence to my brother who can enforme youe more of my
mynde.
By all yours William Crouche.
To his lovyng cousyn Sir John Symons, clerke, this be
delivered. Whiche lettre the said Sir John Symons shewed
furth before us with desyres to take the copy of the same, and
certifye thereof the King is moost honorable counsaill.
The xth Interrogatorye.
What lyvynge hath the said Crouch by the said Prior and
to whate yerely value.
The said Prior apperyng before us affermeth that the said
William Crouche obteigned of hym by the space that he was
drawyng to his monasterie a yerely fee of xxs. by covent seale,
and xiijr. iiijW. for his lyvere, and besydes he hade horsemete and
mann is mete as often and whan he come into the said Priorye.
Moreover the said Crouche obteigned of the said Prior the
reversion of the parsonage of Inglysshcombe, which by reporte
is xx1' markes better than the rent. And alsoo he hade of the
same Prior the lease or graunte of the parsonage of Castellcary,
which was unto hym as is reporte vj/z. x'rijs. injd. above the
yerely rente. And more hee remembreth nott.
(signed} Edward Wadham.
Walter Hungerford, Kt.
162 £?tar Camber Cagt«f.
Crouche u. the Prior of Bath.
VOL. X, FO. 231-240. DATE: 1535.
To the Kyng ower sovereyn Lord.
In moost humble wyse sheweth unto youre Highnes your
daylye oratoure Wyllyam Crouche1 That wher one William
Holwaye,3 Priour of the monestary of Saynt Savyor Seynt Peter
and Pawlle of Bathe in the countie of Somersett, and parson in
parsoney of the parsonage of Castell Gary3 in the said countye,
and the covent of the same place, by ther wryting redye to be
shewed, datyd the xjth daye of November the xxiiijth yere of
the reyne of our sovereyn lord Kyng Henry theight,4 for the fyne
of xx/z. by your said orator payde, demysed and grauntyd the
syte of the said parsonage with all howses theruppon buylded,
and all landes, tenementes, medowes [etc.] unto your said suppliant
from the fest of Saynt Michill tharcangell last before the date of
the said wryting duryng the lyve of your oratour, the remaynder
therof after the decesse of youre said oratoure to John Crouche,
nye Kynsman to youre oratoure, for terme of his lyfe, yelding
therfore yerely during ther lyves-to the said priour, covent, and
ther successors, xij/z. of good and lefull money of Englande, to be
payde yerly at the Festes of the Nativite of Saynt John the
Baptist5 and the Nativite of owre Lord God by evyn porcions. By
force wherof youre orator att the Annunciacion of owre blessyd
Ladie the Virgin then nexte insuyng into the said parsonage with
parte of the glebe landes therunto belongynge entryd and was
therof seased in his demeane as of frehold, and so was sease.d untyll
the xxiiij [?] day of Februarii the xxvth yere of youre moost
noble reyn,6 att whiche daye one Thomas Horner Richerd
1 See above, p. 129.
2 See above, p. 129.
3 William Crouch evidently continued to hold this rectory after the lease
from the Prior had expired. He may after the Dissolution have obtained
a grant from the Crown which has not been found. However that may be,
we know that he presented to the vicarage of Castle Gary in 1554. Sotners
Incumbents, p. 46.
4 1532.
0 24 June. c 1534.
Cljambcr €asff$. 163
Morgan Walter Gary John Mortymer Willyam Wylkyns John
Bosgrave and dyverce other persons with swcrdes bucklers
daggers stavys and other wepens in vasyve ageyn your peace,
sovereyne Lorde, by the commaundement of the said priour into
the said parsonage and dyverce landes therunto belongyng with
thappurtenaunccs forsybely and ryottesly dyd entre. And after-
ward in August the said xxvth ycre the said malefactors toke
as moche corne of your said orators as amountyd to the som of
xl markes, whiche was severyd from the ixth parte lying in the
feldes of the said paryshe ageyn the wille and mynde of your
supplyant, whiche they yett wrongfully detayn and kepe. And
the said malefactors so use them sylfes that your orator with
moche dyffycultye and daunger kepith the possession of the said
parsonage, by reason of withholding of whiche corne so unlefully
takyn your orator shall not be able to satisfie the said yerely
rent of xij/z. ; by reason wherof he shall stand in daunger and
juperdie of losing of his said title and ynterest in the said parson-
age. The whiche malefactors and ryottes persons so assemble and
accompanye together that the farmers of your orator of the said
parsonage stand in grett feere and juperdie of ther lyves to the
evyll example of lyke offenders in tym cummyng yff due cor-
reccion be not had with spede in the premisses. Hit may
therfore please your Grace, the premisses concedryd, to graunt
severall wryttes of subpena to be dyrectyd to the said Priour,
Thomas Horner [and the others], commaunding them by virtue
therof personally to appere before your Grace and youre moost
honorable counceyll att Westminster att a certeyn daye [etc. etc.]
(signed} [?] Sturdier.1
The answer of William Hollewey, Priour of Bath, and of
Thomas Horner aforesaid.
(They deny the alleged riot, and acknowledge the lease, which,
however, contained this condition :) that if it happyn the said
rent of xij/z. to be behinde and unpayde by the space of vj wykes
after any of the termes afforesaid, if it be lawfully askyd, and no
sufficient distresse for the same rent so beyng behynde may be
founden in and upon the said parsonage so demysed, then it
1 This is the signature of the counsel who drafted the bill. See above,
p. 9.
164
shalbe leyfull to the said priour and covent into the said rectory
to renter and the same to holde in there olde estate. And
forasmoche as the said rent of xij/z. for a hole yere was behynde
and unpayd at the feste of the birthe of oure Lorde God, the said
Priour sent one John Homer auctorisid to the said parsonage to
demaunde in the name of the said priour and covent the same
rent of xij/z'., and also auctorisid the said John Horner and
Richard Morgan into the said parsonage to reenter for defaute
of payment of the said rent accordynge to the condysion affore
rehersid. By reason wherof the said John Horner and Richard
Morgan the v day of February laste paste in the laste houre of
the same day came apon the same parsonage and at the howse
there and at dyvers other places of the same parsonage and
ferine so letten demand id the said rent, and there was no man
redy to pay the same, nor any sufficient dystresse there to be
takyn for the same cowde be founde ; by force wherof they
departid. And forasmoche as the said John Horner was in
doughte whether the sayd v day were the day on the whiche
the said rent ought to be demandid, on the next day he came
ageyn to the said parsonage, and in the laste houre of the same
syxte day, and there demaundid the same rent, and there con-
tinually abode the holle tyme of the said severall laste houres of
the said ij dayes, and there was no man by all the said tyme to
pay hyme nor no sufficient distresse as is abovesaid. Wherfore
the said Richard Morgan on the xxvijth day of Februarii then
next insuenge by sufficient and lawful auctorite into the premisses
lawfully enterid in the name of the said priour and covent as
lawful was for hyme to do. And after aboute the feste of Seynt
James thappostell1 then next folowynge the said Prior bargayned
and solde unto the said Thomas Horner and one John Bosgrove
all the tithe corne of the said parsonage of Castell Gary to them
belonginge for that yere. By force wherof the said Thomas
Horner and John Bosgrove in Auguste then next ensuenge toke
the said tythe corne in the said bill specified within the precinct
of the said parsonage, beinge severed from the ix parties, as
lawfull was for them to doo, after which lawfull entre and lawfull
takyn of the said corne, the said William Grouche untruly
1 25 July.
Chamber Casfts. 165
surmysing to the Kinges moste honorable councell that the
priour hade unjustly takyn the said corne without title or good
cause, the1 matter consernyng the said tythe corne dependinge
before the Kynge and his moste honorable councell in the Star
Chamber, where no such matter was then dependyng before the
said councell at the tyme of the takynge of the said corne nor
long after, he opteyned one injunction to the said prior directid
commaundyng hyme by the same to redelyver the same corne
to the same William Crouche, or the value thereof. By reason
wherof the said prior feyring to falle in any contempte ayenste
our soverend Lorde, delyvered then to the said William Crouche
xij/z. for the value of the said corne, which the same Crouche
receyved. Wherfore the said prior prayeth that the said Crouche
may as well be compellid to make restitution to the said prior of
the said xij//. so craftely and untruly by hyme atteyned, as also
to pay xij//. for one nolle yeres rent according to right and good
conciens ; without that that [etc. etc.!
2The replication of William Crouche to thaunswer of William
Holwaye, Prior of the monasterye of Bathe, and Thomas
Horner.
He sayth that a longe tyme before the tyme that the said lease
was made by the said pryour to the compleynant of the parson-
age of Castell Carye, the pryour had secretly made a lease therof
unto one Wyllyam Wylkens for tcrme of his lyve,3 so that the
complaynant could not lefully occupye the said parsonage nor
take the profettes therof long tyme after the said lease so made
unto hym, for that the said Wylkyns enterrupted, dysturbyd and
lettyd hym from thentre into the said parsonage and glebe land,
and wolde not suffer hym to take any profettes thereof onlesse
he shoulde stande in jupardie of hys lyve, untyll hyt was att the
Fest of the Natyvite of our Lord God the xxiijth yere of the
reyne of the now Lord the Kyngc,1 by whiche tyme Wylkyns
had yelded uppe to the pryour his ynterest and tytle in the sayd
1 Supply " and that."
2 This, though bound up in Vol. XI, is obviously part of this suit, and is
printed in what appears to be its right order.
3 This lease has not been found in the register of Prior Holleway. Harl.
MS., 3970.
4 25 Dec., 1531.
1 66 J*>tar Chamber
parsonage, notwithstandinge whiche the said Wylkyns had afore
that tyme embleyde and sowen with certeyn corne dyverce
parcelles of the glebe landes belongyng to the said parsonage,
with the which the said Wylkyns wold not suffer the compleynant
to medle withall, nor take any profett thereof, untyll hyt were
past the moneth of August the xxvth yere of the said reigne,
by whiche tyme the said Wylkyns had caryed and conveyde
away his corne so by hym Sowen upon the sayd glebe land ; by
reason wherof the said pryour promysed to the compleynant
that he should not be charged with the payment of any rent for
the said parsonage for the firste halfe yere next after the sayd
lease so made unto hym, without that that ther was due to the
sayd pryour at the Feast of the Nativite of our Lord God last
past [etc. etc.]
Also ther was sufficient dystresse upon the sayd parsonage
lyable to the dystresses of the said priour, and he denyeth any
such entre was made by Morgans as ys specified in the sayd
awnswere, or that hyt was lefull for hym to entre into the same,
for he saith that dyverce tymes he offrid to paye unto the said
priour such rent as was due unto hym upon the sayd lease att
the sayd monastery of Bathe, whiche to receyve he refused, saying
that he wolde commen with the compleynant for that matter att
his nexte cummyng to London. He also denyeth that hyt was
lefull for the said Horner and Bosgrave to take the sayd corne
by reason of any suche bargayn and sale to them supposed to be
made or that the compleynant made any unjust or untrew sur-
myse unto the Kynges moost honorable counceyll ageyn the
said pryour for the takyng awaye of the sayd corne, for he
sayeth that suche informacion as he made to the sayd coun-
ceyll concernyng that matter was trewe ; or that the xij//.
delyveryd to the compleynant by the pryour by reason of the
injunction was as moche worthe as the sayd tithe corne by hym
taken amounted unto, whiche was worth xxli/z. or thereaboute.
The answer of Wylliam, Pryour of Bathe, to the interro-
gatory es of Wylliam Crowche.
He was agreed to make to the sayd Wylkyns a lease of the
parsonage of Carye to begin at Crystmas or at Mydsomer in
Chamber CasftJf. 167
what yere he remembryth not ; for iij lyvys, as he remembryth ;
and the sayd Wylkyns theruppon entred and occupied the sayd
parsonage abowte vj or vij yeres, withowte any possession
delyveryd or any lease therof made in wryttyng, and payed x//.
to fyne or ther aboute.
By reason of the occupyeng of the said parsonage the said
Wilkins was indebted to the said pryour in a certeyne some of
money for hys rent by the space of oone yere and a halfc, as he
remembryth ; wyche debte the said pryour offentymes requyred
of the sayd Wylkyns, and divers tymes he promysed payment,
and kepte not hys promise. And at the last he promisyd by
his letters sent to the Priour that yff he payed not the sayd debte
at a daye in his sayd letters expressyd, that then the sayd pryour
shuld dispose of .the sayd parsonage of Castelkarye at his
pleasure, so that he wolde paye unto the sayd Wylkyns hys fyne
ageyne. At wyche daye Wylkyns kepte not hys promise, and
the pryour theruppon made graunt of the parsonage to Crowche,
and Wylkyns dyd yelde upp and release by wryttyng all hys
interest and tytle of the said parsonage but what daye he
remembryth not, but conjecturyth yt was abowte the Fcst of St.
Thomas thappostell before Crystmasse in the xxiiij yere of the
Kyng that now ys, wyche release is in the monastery of the said
pryour redye to be shewyd.
He made agraunte of the parsonage to Crowche afore the
release made in wrytyng, howbeyt Wylkyns was agreed wyth
the sayd pryour by his letters long before that tyme to release
as he after dyd, so that he myght have hys fyne ageyne alowyd
by the said pryour. He never made any promise to Crowche
that he shuld not be charged with rente of oone di. yere nexte
ensuyng after the makyng of his lease, but uppon the entre of
Crowche he lost between the said Crowche and Wylkyns the rent
of oone halfe yere, that ys to saye from Midsomer to Crystmasse,
as the sayd Crowche and Wylkyns theym selfe do knowe.
He knoweth not that Wylkyns occupied any parte of the
parsonage after the possession therof gyven to the sayd
Crowche, which was abowte the feast of St. Martyne the
Bysshope1 in the said xxiiij yere ; and yff he dyd yt was with-
1 ii November.
168 £tar Cfjambtr
owte tytle and ageynst the wyll of the said Pryour. And
the said Crowche promised that he wolde take yt according to
his lease at all parells ; and the pryour never herde that Crowche
was disturbyd in his possession of the sayd parsonage by the sayd
Wylkyns or any other in hys name.
Baker and Mylys never promysed to paye hym any rente
due at the Feast of the Anunciation of our Ladye, next
ensuyng after the. begynnyng of Crowches lease, for as moche as
ther was noo rent dew to the pryour by Wylkyns nor yett by
Crowche at that feast. After Wylkyns, being in arrear for oone
hole yere and a dp- at Mydsomer in the xxiiijth yere, broke
the promyse of his letters, the pryour, abowte the Feast of All
Saynctes then nexte folowyng, as he now remembryth, desyred
the sayd Crowche to cause the sayd Baker and Mylls, wyche
were occupiers of certeyne glebe land longyng to the said parson-
age under the said Wylkyns, to come over to Bathe to the said
prior, and to speke with hym. And so they dyd. At wiche
tyme the pryour desyred them to staye and kepe styll in theyre
handes all suche monye as they owghte unto the sayd Wylkyns
for any thyng belongyng to the sayd parsonage, untyll suche
tyme as Wylkyns had agreed with the pryour for the sayd rent
that was behynde unpayed. And so they promised to doo, and
departyd. And after the release had bene made by Wylkyns
they came to the Pryour, and demaundyd of hym to whome they
shulde paye theyre rent due to the sayd Wylkyns. And then
the Prior sayde to them that Wylkyns and he wer at a poynt for
Wylkyns interest, and therfore paye your rent wher ye wyll to
hym that of ryghte owghte to have yt. And yff therbe any
variaunce betwene Wylkyns and Crowche, as I knowe noone,
then kepe the rent styll in your hand tyll they be agreed. And
so they departyd from the Prior withoute any rent receyved by
the said Prior ; and who receyved the sayde rent he knoweth not.
He never dischargyd Crowche from the payment of any halfe
yeres rent due at thannunciation of our Ladye in the xxiiijth yere
in the presence of the sayd Baker nor of any other, nor the sayd
Pryour had never cause so for to doo, for ther was no rente
then dewe.
1 i.e. dimidium, half.
Chamber CaSesf. 169
It is trewe that the vicar of Inglyshecombe1 abowte Cristmas
in the xxv yere of Kyng Henry the viijth2 was in Bathe, but
wether he was send thether by Crowche or not for payment of
any rent he can not tell, for he payed noone unto the Pryour,
but sayd, as yt had byn in jestyng, that the sayde Crowche wolde
have spoke with the Pryour and paye hym rent, whereunto the
Pryor answeryd that he wolde gladly receive his rent, but what
daye yt was he remembryth not. Afterward the Prior sent
the vicar of Stalls to Crowche, then beyng in the Barton by
Bathe, with a sufficient acquietaunce made by the said Prior to
demawnde of Crowche in the name of the Prior xij/2. then dewe
for the said parsonage of Castellkary. And the vicar so dyd in
every thyng, and Crowche made answer that he owghte but vj/z'.,
and he wolde pay no more ; wheruppon the said vicar toke
record and so departyd.
The sayd vicar [of Inglisshcombe] at notyme offerydto hym
any rent, nor the sayd Pryor never refusyd to receyve hys dewe
rent ; and when the vicar sayd that Crowche wolde speke with
hym, the Prior askyd whye, and the vicar sayd he wolde paye
hym oone halfe yeres rent, and aske hym forgevenes. And the
Pryour sayed Crowche oughte hym for one hole yeres rent, and
he wolde not take but the hole yeres rente accordyng to hys
deede. And then the vicar sayd that he wolde paye but the
di yeres rent. Wheruppon the Prior sayde he wolde speke with
Crowche at London, for as he herde saye the sayde Crowche had
a sub pena ageynst hym ; and more he remembryth not.
BUNDLE 22, No. 151.
viij Februarii ex parte Crowche contra Priorem de Bath.
Robert Bayly,3 baker of Castell Gary in the countye of
Somerset, sayeth that he hath knolege of such lease specified, and
hath herde it redde, and sene it under the covent scale of the
Priory of Bathe ; it began at Myghelmas last was ij yeres, to
1 The only institution to Englishcombe between 1493 anc* 1541 that has
been found is that of William Sherwood. Weaver, Somers. Incumb., 271.
2 1533-
3 The will of a William Baily of Castle Gary was proved in 1515.
Z
170 J*>tar Chamber
endure the lyffe tyme of the said Crowche and ij lyves after his
deth.
After the beginning of the same lease Wylliam Wylkyns was
in possession of the same parsonage, and kepte Crowche oute
therof by force untyll Crystysmas next after.
At the said Myghelmas Wylkyns dyd sowe the groundes
belonging to the parsonage, notwithstanding the forsaid lease.
He had certen grayne growyng ther till August folowyng, at
whiche tyme Crowche suffered him peasably to cary hyt awaye.
About the feast of St. Andrewe last past1 was ij yeres this
deponent was present in the conventuall churche of Bathe, when
the said Prior said unto Crowche ; Crowche because ye have
receyved no profits of the parsonage of Cary syth Myghelmas
I wyll discharge yow of the halfe yeres rent therof; wherupon
Crowche desyred this deponent and John Myles to be wytnes
therof.
John Myles, taylor of Castell cary, deposes as above.
A Castell and others u. Abbot of Athelney.
VOL. VIII, No. 186. DATE: 1535.
To the King our soueraign lord.
In most humble & lamentable wyse compleyneng shewen
unto your most excellent highnez your true & feythfull subiettes
& dayly oratours John a Castell3 William Fuljame & Walter
Baryngton that where your seid orator the iiijth day of Aprell in the
xxvjth yere of your mostgracyous reigne3 were in godes peace &
yours att Saltrnore with the parishe of Gregorie Stoke yn
your countie of Somerset intendyng ne myndyng eny bodely
hurte or dyspleasure unto eny person one Thomas fackeryll
William Tomson John Fackeryll William Hoper Thomas
Saunder John Hyll Henry Gade John lubbyn Thomas Stanurby
John Keberd John Walford Richard Bryen John Captyn Henry
1 30 November.
2 John a Castell, " the younger," of the neighbouring parish of Enmore,
is mentioned in a will of 1535, he being then one of the trustees of the
testator's land in Broomfield. Wells Wills, p. 82.
3 1535-
Chamber Cases. 171
Hoges William Myles the yonger Richard Baken William
Colyns Richard Androvves Richard Serle Richard Fakeryll son
of the said John Fackeryll William Ditty John Hatys William
Fackeryll John Syncombe John Hykly William Benett William
Cosyn William Gade John Cade William Miles the elder
Richard Wylshere John Gybyns Walter Shyperd Jamys Bar-
stabyll John Barstabyll John Holies & dyuerse other ryottous &
mysruled persons to the nombre of xl persons & aboue unto
your seid orator unknowen beyng the seruantes tenauntes &
adherentes of the Abbott of the monasterye of Athylny1 yn your
seid county of Somersett by the unlawfull commaundement &
abettement of the seid Abbott dyd unlawfully assemble & gether
them selffe together att Saltmore aforeseid & so unlawfully
assemblyd with force & armys thatt ys to sey with bowez arrows
swerdes buckelers bylles staves & other defensyue & invasyue
wepons & in maner of warre arrayed in such unlawfull maner as
in those parties hertofore hath nott byn seen the iiijth day of
Aprell last past came unto Saltmore aforeseid & then & there
with force & armys by the commaundement procurement &
abettement of the seid Abbott cruelly assauted & made affray
apon your seid orator & them then & there sore cutte bete &
wounded & also putt them in greate jeopardye of their lyues and
moreouer the seid ryottous and mysruled persons nott being yett
content of their further malycous & evell dysposed myndes dyd
also then & there with force & armys by the procurement of the
seid abbot malycously breke & cutt downe a walle beyng the
defence & sauegarde of sixe hundrethe acres of good pasture
medowe & erable land wherby the same vjc acres land was
defendyd & sauyd from drownyng with a great ryuer or water
there by reason of which seid unlawfull brekyng of the seid
walle the seid vjc acres land were & be drowened
& moche corne ther sowen therby drowned & dystroyed not only
to the great hurte & losse of your seid orator & of all the cuntrey
there adioynyng but also to the evell example of all such lyke
offenders if that condygne punyshement & spedy remedy theryn
1 This must be Richard Hamlyn or Hamblyn who was Abbot of
Athelney from 1533 to 1539. Land in Saltmore had been granted to the
Abbot of Athelney in the reign of Henry III. Collinson, ii, 366. For an
account of the Abbey see Athelney Cartulary (S.R.S., xiv) and V. C. H.
Somerset, ii, 99-103.
172 j*>tar Chamber
be nott by your highnez & your most honerable counsell shortly
prouyded & hadd in this behalfe In consideration wherof it may
please your highnez the premyssez tendrely considered to
graunt unto your seid orator your most gracyous seuerall wryttes
of subpena to be dyrected unto the seid Abbott & all other the
seid ryottous & mysruled persons commaunding them & euery
of them by the same personally to appere before your highnez &
your most honerable counsell in your Starre Chamber att
Westminster att a certen day there to make answere to the
premysses.
[Signed] Twhorwod, Chaplain.
VOL. IX, Nos. 64-9.
Answers to the interrogatories concernyng the matter
dependyng in varyaunce before the kyng & his counsell
in the sterre chamber att Westminister bytwene John a
Castell William Fuljame & Walter Barryngton com-
pleynauntes & Thomas Fackerell William Tomsom John
Fackerell William Hoper & dyuers other defendauntes
wherapon as well the seid defendauntes as the wyt-
nessez & proffez of & for the parte of the seid com-
pleynauntes ar to be examyned.
secundo Julij.
Sup Inter? ex pte lighte fsus Castell et alias.
Richard Bacon of the county of Somersett husbondman &
thage of Ixxvij sworne and examyned etc.
He saith that the iiijth daye of Aprill last past viz., in
the xxvj yere of the reigne of our souereign lord Kynge Henry
the viijth this deponent with Thomas Fackerell William
Tomson John Fackerell William Hoper Thomas Saunder John
Hyll Henry Gade John Lubbyn Thomas Stanurby John
Keberd John Walford Richard Bryen John Captyn Henry
Hoges William Myles the yonger Richard Baken William
Colyns Richard Androwez Richard Serle Richard Fackerell
son of the seid John Fackerell William Dytty John Hotys
William Fackerell John Symonde John Hylly William Benett
William Cosyn William Gade John Cade William Myles thelder
Cfjamfccr Cast3. 173
Richard Wylshere, John Gybbyns Walter Shyperd Jamys
Barstabyll John Barstabyll John Holies & dyuers other persons
to the nomeber of xl dyd assemble all together at Saltmore
withyn the parisshe of Gregory Stoke in the county of Somer-
set and then and ther dyd wyth shoveles breke downe a pece of
the wall beyng the defence of vjc acres land from a great ryuer
or water their to the intente the water myghte passe throwghe
there and avoyde frome the landes of the persones above namyd
bycause theyr corne was drownyd throwghe the lacke of avoy-
daunce of the same water And he saith they dyd so by thaduise
of theym all and by no other mans commaundyment or pro-
curement and had no weapons at all but that some of theym
had shovels to thentente aforesaid ; also that all the persons
abovenamyd were tenauntes to the said Abbot of Athelney
excepte ij or iij but noone wer serauntes to hym and the said
wall was not broken downe by his commaundynent also that
none of the said complaynauntes were hurte ther or any
maliciouse wordes spoken unto theym by any the said
persons. He further saith ther was caste down of the same
wall abowte a dosen yardes wiche wall had so stoud ther by the
space of a c yeres and he saith the same wall dyd defende vxx
acres of grounde but yff yt had not byn broken downe yt wolde
have drownyd a m1 acres off grounde within the parisshe of
lenge. He deposeth that the water dyd breke in to a c acres of
lande by the meanes of the cuttyng downe of the same wall
whereof ther was but iij or iiij acres sowen and the same ground
ys occupied by the Tenauntes of dyuerse men whome he can
not name. Finally he saith the said Thomas Fakerell dyd not
shewe any wryttyng unto this deponenent under scale or said
that yt was the kynges commaundyment to cut downe the same
wall.
Richard Bryan of the county of Somerset saith that the
persons aforesaid dyd brake downe the same wall wyche was fence
to ijc acres of grounde, and by no mans procurement but that
necessytie so constrayned theym to do for that ij m1 acres within
the paryshes of leng & North Petherton were drowned with water
and the corne thereof destroyed. He saith that Mr. Gilbert1 &
MX William Lyght1 be lordes of the ijc acres that were ouerflowen
1 A Mr. Gilbert held Stert in Babcary in the reign of Henry VIII.,
174
with water whereof he saith very fewe were sowen. He saith the
brekyng downe of the same walle was the saving of M1 M1 acres
within the parish of Leng and north Petherton.
John Simondes of the county of Somerset saith there was
broken up v or vj yards of the said wall wyche had stoude ther
as he hath herd saye abowte Lxxx yeres and was defence to ijc
acres of pasture ; also he beleuyth that there was neuer an acre
of grounde destroyed or spoylyd thorowghe the brekyn of the
same wall and he saithe that the same grounde ys occupied by
dyuerse grasyers dwelling in devon shyre whome this deponent
knowith not.
Richard Andrew of the county of Somerset deposith that the
said wall ys not defence to vjc acres nother scarsely to ijc acres
of pasture.
Richard Fakerell, William Ditty & Thomas Fakerell theelder
all of the county of Somerset depose in similar manner as the
foregoing.
Dovell u. Spede and others.
VOL. XIII, Nos. 24-25. DATE: 1535.
To the kynge oure souerayn lorde.
In moost humble wyse sheweth unto your grace your dayly
oratour Barnard Dovell1 That wher one William Dovell2 abbott
of the Monestary of oure blessed ladie of Cleve in your countie of
Somerset and the covent of the same place were seased in ther
demean as of fee as in the right of the sayd howse emong other
landes and tenementes of and in one tenement and one hundrith
acres of land therunto belongyng wyth thappurtenances callyd
Bylbroke in Cleve3 in your said countie and so beyng seased the
(Collinson, ii, 61) and a family of this name was later known in Bishop's
Hull. (V.C.H. Somers., MSS.). William Lyte owned lands in Northover in
1546-7. Collinson, iii, 306.
1 For Bernard Dovell see above, p. 91, note 2.
2 William Dovell was Abbot of Cleeve in 1534. Weaver, Wells Wills,
P- 153-
3 Bilbrook was probably granted to the Abbey of Cleeve by Hubert de
Burgh, and remained with the Abbey until the Dissolution. Rents from
tenements in Bilbrook were valued at £7 is. $d. in 1537. Dugdale, Man.,
Cfjam&er Castef. 175
sayd Abbott and Covent by ther sufficient dede under the covent
scale of the sayd monastary datyd the xiiijlh daye of November
the xijth yere of your moost noble reyn1 gave and grauntyd the
same unto your sayd oratour and his heyres for ever whiche
tenement and land with thappurtenaunces Agnes Dovell decessed
late moder to your sayd oratour longe tyme held and occupied
by thassent and agrement of your said oratour and so yt ys
moost dred souereyn lorde that one Thomas Spede of Cleve
forsayd by the sufferance of the sayd Agnes occupied the sayd
tenement and land with thappurtenaunces long tyme in her lyfe
and after the sayd Agnes dyed ever syns whoys deth the sayd
Thomas Spede withowte colour right or tytle hathe occupied the
same and at this tyme ys seased by wronge, unto the whiche
tenement and land your sayd oratour of late that ys to saye
aboute the xth daye of Maye this present xxvijth yere of your
moost noble reyn3 in peasyble maner repayred and cam and
requyred and desyred the sayd Thomas Spede that he wold
avoyde the possession of the sayd tenement and land and suffer
your said oratour peasybly to entre into the same whiche he in
no wyse wold do wherupon your sayd oratour departyd and in
the xxixth daye of June last past your sayd oratour peasybly
resortyd and repayred unto the sayd howse and land and ther
toke certeyn bestes and catelles of the sayd Thomas Spede
that ys to saye viij keyn damag fesaunt3 and wold haue
convayde them unto the comen pound withyn the manour of
v, 734. Bilbrook passed with the rest of the lands of Cleeve Abbey to
Robert, Earl of Sussex, by grant from Henry VIII. L. and P., Hen. VIII.,
vol. xiii, I, g. 190 (42).
In 1522 the Abbot had granted to Bernard Dovell and his wife Joan
a lease of the Fyssheponde with a garden beside it, two corn mills, and
a mill house in Washford, with permission to build a shambles near the mill.
Anct. Deeds, P.R.O., A 12456 ; V. C. H. Somers., MSS., Old Cleeve.
1 1520.
2 1535-
3 " Damage feesant " is thus defined by Cowell in his Interpreter : " When
a stranger's beasts are in another man's ground without licence of the
tenant of the ground, and do there feed, tread and otherwise spoil the corn,
grass, woods and such like, in which case the tenant whom they damage,
may therefore take, distrain, and impound them as well in the night as in the
day. But in other cases, as for rent and services, none may distrain in
the night."
176 £tar Chamber
Cleve accordyng to your lawys at whiche tyme the sayd Thomas
Spede Johan his wyfe William his son and dyuers other royott
persons havyng then upon them certeyn wepyns that ys to saye
stavys and pychforkes made assaulte upon your sayd orato and
put hym in grett feere and jupardie of lyfe and by force and
vyolens toke from your sayd oratour the sayd bestes sayng that
rather then your sayd oratour shold take any dystresse ther or
entre in to the same tenement and land with appurtenaunces he
wold dye ther, whiche tenement and land with thappurtenances
the sayd Thomas Spede with the nomber of vij or viijth persons
forsybly & ryouttesly kepeth yn suche wyse that your sayd
oratour darre not approche nor cum nye the same fer feere of
his lyfe to the grett encoragyng of lyke offenders in tym cum-
myng yf due correccion be not had with spede in the premissis
hyt maye therfore please your highnes of youre moost abondant
grace to graunt your wryttes of subpena to be dyrectyd unto the
sayd Thomas Spede Johan his wyfe and William his son and
also to the other royottes persons commaundyng them by vertue
therof personally to appere before your grace and your moost
honerable counceyll att Westminster at a certeyn daye taunswer
to the premissis and to inioyn the sayd Thomas Spede & the
other persons before rehersed and all suche other as be in the
sayd tenement and laid by the commaundement of the sayd
Thomas Spede to avoyde the possession of the sayd tenement
and land with appurtenaunces and to suffer your oratour
peasybly to inioye the same accordyng to the sayd graunt
made unto hym and farder to do and determyn theryn as shalbe
thoght by your grace and your said counceyll moost expedient
& necessary in this behalfe.
[Signed] Chidley.
Termino Hilt anno xxvijmo H. VIII.
Thaunswer of Thomas Spede to the bill of complaynt of
Barnard Dovell.
He sayeth by protestacion that he knoyth not of any suche
laufull estate or lease mede to the said Barnard Dovell & to his
heyers ; if any suche dede were made there was never liverie and
Chamber Ca^eg. 177
season1 delyvered to the same Barnard or attornement2 of any
tenant. And for dyvers variaunces betwyne the said Abbot of
Cleve and the compleynant, as well for dyuers dettes and
trespassez as for the tenement specyfied in the said bill, for
apesyng therof the said Abbot and the said Barnard put them-
selfes in arbytement of Harry Strett, Gylbert Kerke and Thomas
Stret, clerke, vicar of Bridgewater,3 whiche awarded that the said
compleynant shuld not from thensforth make any farther clayme
or tytle to the said tenement called Bilbroke, in recompence
wherof, and for dyvers other dettes and trespasses the said
arbitrators awarded that the said Abbot shuld pay to the said
Barnard Dovell xlij It. and the condicion of one bargyn to the
value of ten poundes, which awarde the said Abbot is and att all
tymes hath byn redy to performe, without that that [etc.].
Welles u. Doble.4
VOL. XII, No. 235. DATE : 1535-1538.
Interrogatorries of the parte of Thomas Wylles and Johanne
hys wyff ageigne Gyles Doble.
Furste whether Mary Hastinges late Ladie of Hastinges and
Hongerforde decessede at the tyme of making the deade or
graunte unto Robert Doble Chrystyan hys wyffe and Hughe
their Sonne namede in thanswer of the sayed Gyelles of the
tenement callede Knoll with the lande therunto belongyng
parcell of the manour of Wotten Courtney in the countie of
Somerset was wydow orelles covert baron e.5
Item how long it is sythen the sayede lady was maryede to
Richarde Saye Cheuerell knyght decessede.
1 Livery of seisin, z.e., delivery of possession.
2 This is the acknowledgment made by a tenant to a new lord of the manor.
3 Thomas Stete alias Strete was instituted to Bridgwater Church in
1528. Somerset Incumbents, 318. He was still vicar in 1548. Somerset
Chantries (S.R.S.), 57.
4 This is calendared as Doble v. Hastings, but would appear to belong
to the suit Welles v. Doble to which the bill Doble v. Foxe refers, and to
which the other depositions belong, and it is indeed so endorsed.
6 i.e., in the state of coverture, a married woman during her husband's
lifetime being under certain disabilities.
2 A
178 &tar Cfjambtr
Item whether at the tyme of the lease specifyede in thanswere
of the sayede defendauntes made to Robert Doble Chrystyan
hys wyffe and Hugh their Sonne the sayede Chrystyan was in
lyffe or not or elles he had a wyffe naniede Johanne or not.
The deposicion of John Dale clerke takun at leys1 the xxiij1'
day of December in the xxvij1' yere of the reign of our
soueragn lord kyng Henry the viijth3 by the grace of God
of England & of Fraunce kyng defensor of the feyth
lord of lorland & in yerth supreme hedd of the Church
of Englond.
John Dale clerke3 of the age of Lxxix yeres sworne &
examyned the day a yere abouesaid by fore John Vyllers
knyght by vertue of a commyssion frome our said soueragn
lord to the said John Vyllers dyrected & hereunto anexed
sayth that he never knew of any dede or graunt made by Mary
late Lady Hastynges & Hungreford4 unto Robert Doble
Crystyane his wyffe & Hugh ther sonne5 of a tenement called
1 Leigh. 2 1535.
3 John Dale, clerk. From the case that follows it appears that the
plaintiffs in this suit were Thomas Welles and Joan his wife, and that
the defendant was Giles Dobell.
4 The manor of Wootton Courtenay belonged in the i$th century to the
Hungerford family. Mary, daughter and heiress of Sir Thomas Hungerford,
married Edward Hastings, 2nd Lord Hastings, in 1481. By the reversal of
her father's attainder in 1485 she became Baroness Hastings, Baroness
Hungerford and Molyns. After the death of her husband in November,
1506, she married in 1511 Sir Richard Sacheverell, who died in 1534. The
exact date of her death is not known, but it was between 1528 and 1534
(G. E. C., Peerage). Her heir was her son George, Lord Hastings and
Hungerford, lord of the manor of Wootton Courtenay. He was a Privy
Councillor in the reign of Henry VIII., and was created Earl of Huntingdon
in 1529, and died in 1544. Diet. Nat. Biog.
6 This is the Robert Dobell of Minehead whose will was proved in 1531
(see above, p. 121, n. i). Christian seems to have been a second wife, and
this suit concerned a lease said to have been made to Robert Dobell, his
wife Joan (his first wife) and their son Peter. Two of Lady Hungerford's
officers and one surveyor said that the lease was granted in this form, but
other witnesses appeared to declare that it was made to Robert, his second
wife Christian, and their son Hugh. A great deal turned on the question
as to whether Joan, the first wife, had died during the lifetime of
Sir Richard Sacheverell and whether she was dead at the time when the
Chamber Casfejf. 179
Knole with the land therunto belongyng parcell of the maner
of Wotton Courtney in the countie of Somerset and yf ther
wer any suche he knoyth not whether she wer covert baron or
not but he sayth that he well remembryth that the said lady
Hastynges & Hungreford was maryed unto Sir Richard
Sacheuerell knyght latly deseysyd apon Mayday the furst yere
of the reign of our said soueragn lord kyng Henry the viijthl the
wich was juste xxvjth yere on Mayday last past & further this
deponent sayth that he never knew the said Robert Doble
Crystyane his wyff nor Hugh ther sonne nor wether Crystyan
his wyff wer on lyffe the said tyme or not nor whether the said
Robart Doble hadd at any tyme before or syth that tyme a wyff
namyd Johan or nott.
Item the said Johan Bryght alias Ashby dyed at Retherby in
the countie of Leycestre on hooll yere befor the date of this
commyssyon to me dyrectyd. In wittenez hereof to this present
certificat I haue subscrybed my name the day and yere
abouesaid.
(Signed) Johis Vyllers.
[Endorsed.] The certificat of Sir John Vyllers knyght to the
Kynges most honerable counsaill in the [Star] Chamber
bithwixt Doble & oder.
The deposycion of Willyam Erne, late of Woten Courteney
in the countie of Somerset husbandman sworn & examyned
the ix daye of January yn the xxvijth yere of the rayn of our
soueraign lord kynge Henry the eight2 by fore Sir Phelippe
Champernon knyght3 and Henry Fortescu esquier4 sayth in
manner and forme fowlowyng.
lease was made. It was actually alleged that the date of Joan Dobell's
death had been torn out of the church book by Robert Coke.
Giles Dobell, who was perhaps a son of Joan the first wife, was accused
of having produced a forged lease.
1 1 509. This date is not the same as that given in the Peerage, etc.
2 '536.
3 Philip Champernoun was patron of Gorton Dinham in 1526, and in
1 542 he owned land in West Luccombe. Chadwyck Healey, op. at., 105 ;
Somerset Incumbents, 74. He belonged to the family of Champernoun of
Modbury (co. Devon), and was a Justice of the Peace at the date of
this suit.
4 Henry Fortescue was perhaps a member of the family of Fileigh (co.
Devon), that owned the manor of Corscombe in Somerset (Collinson, iii,
180 £>tar Chamber
In primis he scith that a bargayn1 callyd Knoll of the
Inheritaunce of my lady Hastynges seith that the seid Rychard
Hals & on Wyllyam Reynoldes both beyng officers ther dyd
sett & lett the seid bargayn of Knoll aforseid to oon Robert
Dobill and Johan his wiffe & peter the son of the Robert
Dobyll and that he neuer made graunt nor lesse unto the seid
Crystyan last wiffe of the seid Robert Dobill nor Hugh the son
of Robert Dobill & ferther he knoweth not, &c.
(Signed) Phelypp Champernown.
Harie Fortescue.
before Sir Phyllippe Champernoun knyght and Harry
fortescu squier.
The deposycion of Rye Hale esquyer sworyn and examynyd
saith that he and one Wylliam Raynoldes ware survayors to
Mary late lady Hungerforde Hastynges botreaux and molyans
and by rayson of ther commyssyon graunttyd to one Robert
Dobyll Johane his wyff and Peter there sone of a bargyn callyd
Knoll by dede indentid saylyd and senyd with the said lady his
hande and delyueryd by me Rychard Hals beyng than seruaour
and generall receuour to the forsaid lady of all her londes yn deuon
andCornubia and of Wotton Courtenayyn thecountie of Somerset.
And all my doynges yn surveyce by the reason of my commyssyon
was yn the xxijth yeer of the regne of our souerenge lorde kynge
Henry the vijth and part of the next yeer foloyng and as to the
couerture of the said lady to Sir Rychard Sacheverell knyght ys
owt of my remembraunce by the othe thatt I haue takyn & to the
sayd cristian last wyfe to ye sayde Dobyll nother Hew the son
to the sayd dobyl he knowythe nothyng of any astate.
(Signed) Phelypp Champernown.
Henr Fortescu.
[Endorsed : — ] brought in by ... Fortescue one [of the]
commissioners bitwen Welles & Doble.
469), presenting to the church of Corscombe between 1552 and 1569.
Somerset Incumbents, p. 77.
1 This use of the word " bargayn " is an unusual one. A few words seem
to be omitted in this sentence.
S'tar Chamber Caseg. 181
Deposionis takyn by Hughe Malett esquer1 and John
Wyndham esquer3 the first day of Junii anno regni R. Henr.
viij. xxixno3 by vertu of a dedimus potestatem to them directid
apon certyn interogatoris to the said wrytt annexid.
[Endorsed : — ] brought in by M. Fortescue, one of the commis-
sioners betwen Welles and Doble.
William Yerde of the age of xl yeris or ther a bowtes,
gentilman, deposithe that at a certyn curte holdyn att Wotton
Curtney in the county of Somersett apon a ij or iij yeris past, one
Maister Bemounte beyng then survayor to the Erell of Hunting-
ton, and (sic) att the said curte there was a dede shewyd by
Gelys Dobell made unto Robert Dobell, Christiane his wiffe and
Huge his sone, the wiche was supposid to be forgid, and soo
ther provid by the survayor is bokes that the dede was made
to Robert Dobell, Johana and Peter. And sayith furder that he
was commandid by the said survayor to voyde the grounde and
bryng one Johana Tyddes in poscession, now wyffe unto Thomas
Willis. Beyng then present John Gelis, John Elsworthey,
William Couche, John Hill, John Valyntyne the elder, William
Hooll, John Stoddon and Thomas Hoper.
John Folyntayn of Wotton Curtney, husbondman, off the age
off fifty yeris or there a bowtes, deposithe that the sayd bargayn
was bosthe4 to Robert Dobell, Johana his wiffe, and Peter his
sone, as he herd say at the tyme he toke his copy. The date
therof is xxiiij to die Augustii anno regni R. Henr. sept, xxiij0.5
And furder he scythe that the said Robert Dobell had noo
wiffe namyd Christian att the said tyme off the makyn of his
copy.
William Eme of Wotton Curtney, husbondman, of the age
of Iij yeris, deposithe that he herde John Tyddes say that he had
bosthe the reversion off Robert Dobell off the Erell of Huntyng-
ton. And furder he sayithe that one Johana Tyddes after the
dethe of Robert Dobell was put yn possession off the said
1 Hugh Malet was lord of the manor of Enmore (see above, p. 126, n. i).
Weaver, Somers. Incumb., 329, 366, 410.
2 This John Wyndham (of Orchard) held land in East Quantockshead
and was patron of the church there in 1 543. Somers. Incumb., 424.
3 I537-
4 On the next page this word is corrected to bowght.
* 1508.
182 JHar Cfjam&tr
bargyn by the commandement off the survayors ; and that he
never knowe that the seyd bargyn was bosthe to Christiane and
Huge. He furder scythe that he herde Gelys Dobell say yn the
parsonage of Wotton forsaid that Christiane and Huge had noo
right yn hytt, and that he wold by hytt off the lord for hem
selffe ; and he supposithe the said dede to be untrew.
Alice Tiddes, widowe, of the parische of Mynhed off the
age off Ix yeris deposithe that Gelys Dobell seid that after the
dethe of his father Robert Dobell (sic) heyr gossope Gelys
Dobell came in to her house, and the seid Alice seid, Gelys, ye
ar to blame agen yor mother yn lawe. He axid why. And she
seid, ye shuld lett heir to have a house to dwell yn. And he
demaunded whatt howse. And she seid Peryton or els Knoll.
And he seid, as for Knoll she hathe noo right un to hytt, for
hytt was bought to Johan and Peter.
Symon Williams, of Mynhed foreseid off the age of lij yeris,
deposithe that Johan Dobell decessid a bowtt sent Jamis tyde
the wiche shalbe xxix yeris at sent James day next cummyn,
and after her decesse the said Robert Dobell maried with one
Christian. And he sayithe that he never herd Gelys Dobell
nor noo other man say that Christiane and Huge had noo right
yn the said bargen.
Water Fraunke of Tymbercomb, husbondman, beynd1 off
xlvj yeres, deposithe that he knowithe that John Tiddes had a
dede off the said bargyn to hem his executors and assignez, and
the dede sclowid yn the curte, and the woman putt yn possession
and the curtt rolles showyd that the said bargyn was bought to
Robert Dobell, Johan and Peter ; and furder he sayithe that
Johan Tyddes was executrix to heyr husband John Tyddes.
John Stookecomb of Tymbercomb saythe that the said Johan
was executrix off her husbound, and more he knowith nott.
Thomas Umfrye of Mynhed, husbondman, off the age of
Ix yeres, deposithe as above.
Sir Thomas Vigoros, prist, deposith that one Recherd Severry
showyd hem that he lende the churche bokes off Mynhed unto
on Robert Coke, wheryn apperid the tyme off the date off our
Lord yn the wiche Johan Dobell dyed, and \]s. v\\)d. payd
1 Sic.
jfetar Chamber Caged. 183
for her grave, and that one Robert Cooke shold rent owt the
leffe off the said boke.
Christian Greme, late the wiff of William Greme, showythe
forthe a testyment of the said William Greme beryng date xxiij
die mensis Novembris A.D. 1507.
John Wethecomb off the age of 1 yeris, deposithe as above.
Robert Cooke1 off Mynhed foreseid gentilman, beyng off
the age of Ij yeris, deposithe that he hathe sene a dede the wiche
was made unto John Tiddes for certeyn yeris, butt he scythe
he was never privy to the bargyn. The bokes of the churche
off Mynhead was nott yn his custody before May last past, the
wiche was yn the xxvijth yere of the reyng of our severing
Kyng Henry the viijth.
William Davy, off the age of liiij yeris, deposithe that my
Lady Mare Hungerford yn her wydowe astate made a dede unto
Robert Dobell, Cristyan his wiff, and Huge his sone, off a
tenement callid Knoll, wheryn he was putt yn the letter of
turnay, and accordyng to the same delyvered possession to the
said Robert Cristian and Huge. And, as he supposithe, the
namys of the Wyttnise be recorded in the bakeside off the
indentur. Johan Dobell died att Sent James day next cummyng
shalbe therty yeris. Before Midsomer next folowyng Cristian
was maried to Robert Dobell, the wiche shalbe now xxix yeres.
Nicholas Philip off the age of 1 yeres deposithe as to the
dethe of Johane Dobell, [as the last deponent]
John Culverwill off the age of Ivj yeres deposithe [as the two
last deponents]. And furder he saythe that he herde Robert
Dobell sey often tymes that he had bought hytt to Cristian and
Huge.
Recherd Kyttner, off the age of Ivij yeres, sayithe that the
said dede was made to John Tyddes, and that the said lesse
shold be made after the dethe of Sir Recherd Saychaverll,
and the said John dyed before Sir Recherd ; and he knowithe
that the said Johan Tyddes was browght in posession of the
tenement called Knoll after the decesse of her husbound. There
was a lesse made to Robert Dobell, Johan and Peter, as he herd
Maister Bemont report, beyng survayor. Gelys Dobell showyd
a lesse made to Robert Dobell, Cristian and Huge, wiche was
1 See below, p. 239.
184 £>tar Chamber
nott good and lawful). And furder he scythe that Cristian was
nott the wiffe off the said Robert att the tyme of the makyn
of the said dede, for he herd the seid dede rede at Westmester
before my lord Hastyns, and as he herde ther was a dede made
to Robert, Johan and Peter, and furder he can nott say, butt
that Johan was a lyffe att sent James tyde now next commyng
shalbe xxix yeres, Cristian was maried to Robert Dobell att
mydsomer next shalbe xxviij ti yeres, and was nott wiff to
Robert Dobell att the makyn of the said dede. And furder he
scythe that he herde sey that Gelys Dobell shold reportt that
Cristian and Huge had noo right yn the said tenement by report
of certyn wemon. And furder he scythe that off his consciens
the said dede is untrew.
William More off the age of Ij yeres deposithe as the the
dethe of Johane [etc. as the last deponent]. Wether the dede
be forged or nott he knowith nott.
Thomas Secomb off Mynhed off the age of xxviij yeris sayith
that he herd Robert Cooke rede in the churche boke off Mynhed
that there was vjs. viij</. payid [sic].
Plesith your honourable lordshippes to understonde that wee
the seide Hugh Malet and John Wyndame do certifye unto you
that wee have procuryd and intretid both seid parteis to be at a
fynall ende of and for the mater yn varyaunce betwene the said
parteis acordyng to your honorable commaundementes ; and for
obstynacy of both seide parteis wee coude nott make no ende
nor determynacion betuxe them.
(signed} Hugh Malet.
John Wyndam.
[Entered on the dorse of the second page of depositions : — ]
Per dominum Cancellarium Anglic anno regni regis nunc xxix.
Giles Doble sworne and examyned confessith that he hath but a
lees by promyse from yere [sic], paying x\s. by yere. And
sayeth the land was not in variaunce whan he toke the same
leas, and that it is iiijor yeres syns he toke it ; and what rent he
hath paid for the same he cannot tell.1
1 The result of this complicated suit appears from the case that follows.
The right in the lease was adjudged to be in Hugh Dobell.
Chamber Cases!. 185
Doble u. Foxe.
VOL. XII, Nos. 227-234. DATE: 1547-1553.
To the Kynges HigJinesse.
Most humbly complaynyng shewithe unto your Highnes
your Graces trew lovyng and obedient subiecte and pore sup-
pliaunt Hughe Doble that when uppon mater in varyaunce here-
tofore dependyng before your highnesse in your Sterr Chamber
betwene Thomas Welles and Johane his wyffe complaynauntes
and Giles Doble and Christiane Doble defendauntes of and
concernyng a leasse of certen landes and tenementes lyeng
in (blank} in the countie of Somersett made by the Lady
Hungerford dccessed, in whiche mater dyvers orders were hadd
and taken as apperethe. And forasmuche as the interest of the
said Christiane was then determyned by reason of an award wher-
unto she was then bounden to stande and performe. And foras-
muche also as one Hughe Doble beyng named in the said leasse
ought to have the said lande and tenementes by meanes that the
estate and interest of the said Christiane was determyned and
expired, hyt was fynally ordered and decreed the xxiijth of
Maye in the xxxth yere of or late sovereigne lorde of worthy
memorie 'Kyng Henry theight,1 yor graces most deare father,
that yor said trew and lovyng subiect shold have inyoied the
said landes accordyng unto the said leasse, and that the said
Thomas Welles and his said wyff shold from thensforthe per-
mitt and suffer yor said subiect to occupie and inyoie the same
without lett or interrupcion of the said Thomas Welles and his
wyffe or of any other person by their assent, meanes or procure-
ment, untyll suche tyme as the said Thomas Welles and his
wyffe had shewed and lawfully proved before yor Highnes in
your said Stear Chamber good and sufficient mater whie he
ought not so to do. And that uppon payne of one hundred
poundes as in the said fynall order and decre more playnly
doth appere. So it ys, most dread sovereigne lord, that synce
the said order made the said Thomas Welles dyed and the said
1 1538.
2 B
1 86 &tar Chamber
Johane hym overlyved, and hathe taken to husband one
Gregorie Foxe, by reason of whiche intermariage the said
Gregorie and Johane, as in the right of the said Johane, pre-
tendyng to subverte and make voyde the said fynall order and
decre, have not only in contempt therof lately entred in the
said landes ordered and decred unto your said pore subject and
distreyned his cattell in and uppon the same, but also daily dis-
turbithe and inquietithe hym in the occupacion of the said landes.
And not so contented hathe in ferder contempt of the said order
and decre commenced an action of trespasse1 at the commen
lawe ageynst yor said pore subiecte for the occupacion of the said
landes, to the great losse, hynderaunce and damage of yor
Graces pore subiecte. In tendre consideracion wherof yt may
pleyse yor Highnesse to graunt yor Graces writ of subpena to
be dyrected unto the said Gregorie Foxe and Johane his wyffe,
commaundyng them and every of them personally to appeire
before yor highnesse or yor most honorable councell in yor
Graces stear chamber at Westminster [etc.].
Catcotte v, Welsshe.
HENRY VIII., VOL. Ill, No. 209. DATE: 1536.
To the kyng our soueraign lorde.
In most humble wyse shewyth and compleynyth unto youre
highnesse youre true and faythfull Subiect and servaunt John
Catcotte of Batcombe3 in youre countie of Somerset yoman of
your garde That where youre seyd Subiect was and is seised of in
three acres of pasture sett lying and beyng in Batcombe aforeseyd
in your seyd countie of Somerset in his demeane as of fee by copy
of Courte roll after the custome of the maner whyche premysses
ben customary and copyholde londe holden of the ryght noble
1 In actions of trespass the plaintiff sued for damages, or the value of the
hurt done to him by the defendant. Cowell, Interpreter.
2 John Catcott of Shepton Mallet, whose will was proved in 1519 (Medieval
Wills, S.R.S., xix, pp. 204, 205), left two sons, Sir John and William. A John
Catcott, who may have been this man or his son of the same name, was a
considerable landowner in Spargrove in the reign of Elizabeth, when he was
sued by John Bradford for a parcel of the manor of Westcombe. (Chanc.
Proc., Ser. ii, vol. i, No. 43.)
£>tar Chamber Casts. 187
William Erie of Arrundell1 as of his maner of Spargrowe2 in
youre seyd countie of Somerset whyche premysses ben enclosed
with hedges and dyches and youre seyd subiect so beyng therof
seised of the premysses hathe peaceably and quyetly taken the
profettes of the premysses by the space of xij yeres and aboue
without interupcyon and so yt is most drede souereign lorde
that one Robert Welsshe of Wescome yoman3 John Aleyn alias
Cornysshe William Thecher John Dawe John Williams John
Atwode thelder John Atwode the yonger George Attwode
George Norton Walter Tabuz John Tabuz, Kerry Norton
husbondman and other ryottuose persons to your seyd Subiect ,
unknowen to the noumber of twenty persons and aboue
ryottuosly assembled by the procurement and abettment of the
seyd Robert Welsshe the xxiiijth day of February in the xxvijth
yere of youre most noble reign4 att Batcombe aforeseyd abought
the houres of nyne or ten of the clok in the nyght of the same
day wyth force and armes that is to sey wyth bowes and arowes
bylles staves and other wepons and some of the seyd ryottuose
persons beyng in harnesse came in ryottuose maner unto the
seyd three acres of pasture beyng enclosed and then and their
ryottuosly forcybly and cruelly with greate violence dyd nott
only cutt and pull downe the hedges abought the premisses and
cruelly burned the same butt also threwe downe dykes abought
the premisses to the greate hurte and damage of your seid
servaunt and to the perylous ensample unto evyll dysposed
persons yf condign punysshment with expedycyon be nott by
youre hyghness and your most honerable councall provyded in
this behalf and the seyd ryottuose persons contynuyng the seyd
ryottuose maner ryottuosly and forcybly kepyth the possessyon
of the premysses and dysturbe and lett youre seyd oratour in
takyng of the profettes of the premysses and wyll nott suffre
1 William FitzAlan, Earl of Arundel, succeeded his father, Thomas, Earl
of Arundel, in 1 524. He was prominent at court, assisted in the coronation and
trial of Anne Boleyn. He married Elizabeth, daughter of Robert Willoughby,
Lord Willoughby de Broke, and secondly Ann, daughter of the 4th Earl of
Northumberland. He died in 1543-4, being followed by his son Henry.
2 Spargrove and Westcombe were both manors in the parish of Batcombe.
See Collinson, iii, 467.
3 This perhaps may be the Robert Welssh to whom rent was payable for
and in Fivehead in 1545. Somers. Chantries, S.R.S., 301. 4 1536.
1 88 &tar Ci;ambtv Caitsf.
youre seyd oratour to make the hedges abought the premysses
to the greate loss and damage of your seyd orator. In tender
consyderacon wherof yt may please your highnesse the premysses
tenderly consydered to graunt your most gracyous vvrittes of
subpena to be dyrectyd to the seyd Ryottouse persones com-
maundyng theym and euery of theym by the same personally to
appere before your highnese and your most honorable councell
in your Stare Chaumber at Westminster at a certen day there to
make aunsvver unto the premysses.
Carmynow u. Tredennyk and others.
VOL. VIII, No. 133. DATE : 1536.
To tJu kyng our soueraygne lorde.
Humble shewith unto your highnes your dayle pore subiectes
John Carmynow Johane hys wyfe1 that where your said subiectes
were seased in there demeane as of fee as in the right of the same
Johanne haue bene seased of and in the moyte of fyve messuages
x cotages & too thousand acres of land with there appurten-
aunces in the townes and places callyd Cossyngton2 Proynelles
1 John Carminowe was in the Commission of the Peace for Cornwall in
*537i * 538-40, 1543-4. L. and P. Hen. VIII., xii, g. 1150, No. 12 ; xiii
(pt. i), g. 384, 17, 63 ; Ibid., xx, pt. i, g. 622.
A John Carminowe appears in the pedigree of the family given in
Somers. Visitations, ed. Weaver, p. 31. There seems to be some distant
connection with the Trewethenicks.
2 This is, of course, Cossington, but the other places have not been
identified.
The manor of Cossington was held at this date by the Brent family,
William Brent, who was patron in 1528, being followed by Richard Brent.
Weaver, Somers. Incumbents, 76 ; Com. Pleas Deeds Enrolled, Hil., 5 and 6
Edward VI., and Feet of Fines, Somerset, Trin., 6 Edward VI. No notice
of either Carminowe or Tredennick owning land in Cossington has been found.
Joan, daughter and heiress of John Brent, had, however, married a Cornish-
man, Thomas Trethek, and it may be suggested that she may have left
daughters, and co-heiresses, one of whom married John Carminowe. This
is, however, mere supposition. In any event, Joan's right in the manor was
challenged in various law suits brought by her half-brother, John Brent, and
Giles, son of John Brent, obtained livery of lands in Cossington in 1518.
L. and P. Hen. VIII. , 1517-8, vol. ii, pt. 2, 4202.
Chamber CnStS. 189
Hoke Good Londe Clothham Strengston Kyngeston Lemmaune-
feld sett lying and beyng in the countie of Somersett in hys1
demeane as of freeholde and of the very trew tytle & ryght of
inherytance of the sayd Johane and they so beyng seased of the
sayd moyte peaceable hayth takyn the profettes therof untyll
now of late that ys to saye the thryd day of September the
xxviij yere of your most royall reygne3 one John Tredennyk3
Henry Tredenyk John Wylles Galfryd Arundell John Legg the
yonger William Crosse Roberte Cloutesham Thomas Saunder
and John Richeman with dyuerse other parsons unknowen unto
them assocyated ryotously and in forseable maner withoute colour
of any iuste tytle to the same haue entryd into all the sayd
moyte of the sayd messuages cotages and landes with there
appurtenaunces aforesayd and therof haythe expellyd and putte
oute your sayd oratours frome the premysses and the same moyte
haue sett unto dyuerse persons being strangers and of theyme
haythe taken of and for the lettyng and settyng therof dyuerse
greate somes of money to the value of too hundreth markes and
more and hath conuertyd the same all to there owne proper use
and yet unto this present tyme with force dothe kepe your sayd
subiectes frome the possessyon therof so that your sayd subiectes
for as moche as the doo inhabyte them selfes and dwell within
the counte of Cornewall nye aboute cc myles from the sayd
messuages cotages and landes in Somersetshyre and are of great
age and sykylle and the sayd euyll dysposyed persons ben gret
men and gretly alyed within the sayd counte of Somerset your
sayd subiectes ben lyke to be dysinheryted of the premysses for
euer contrary to all your lawes & the moste parolous example of
all other lyke offendours yf dewe punyssement theryn be not had
In consyderacon wherof maye yt please your gracyous highnes
the preamysses consyderyd to graunt your gracious writtes of
subpenas to be derectyd unto the sayd John Tredennek Henry
Tredenyk John Wylles Galfryde Arundell John Legg the yonger
William Crosse Robert Cloutesham Thomas Saundre and John
Richeman comaundyng them and euery of theym personally
1 Sic.
2 1536.
3 John Tredeneck and William Carsnyoun (? Carminowe) are mentioned
in a deed of 1565. Cat. Anct. Deeds, A, 13230.
190 &tar Chamber
to appcre before your gracyous hyghnes and the lordes of your
most honorable councell there to make aunswere unto the
premysses &c.
Brooke u. Carrant.
VOL. VI, Nos. 129-134. DATE: 1537.
To the kynge our souerayne lorde.
In most humble wyse sheweth unto your highnes your dayly
orator Elys Brooke1 that wher Sir Wylliam Carant knyght2 by
hys dede suffycyent in the lawe grauntyth one annuyte or
annuall of xlf yeerly goyng out of hys maner of Thomar3 in the
countye of Somerset the seyd Elys Brooke to have and to
perceve to the seyd Elys for terme of hys lyffe wyth a suffycyent
clause of dystresse apon the same maner as by the same dede
more playnly apperyth for wyche annuyte or annuall rent the
seyd Elys Brooke abowt the xxth day of decembre in the xxviijth
yeere of your most noble reyngne4 lawfully dystrayned upon the
seyd manor the catalls of the seyd Sir Wylliam Carrant and them
1 Ellis Brook was probably a member of the family which took its name
from the village of Brook near Ilchester, Coll., iii, 302-3, but his name has
not been found in the family pedigrees. John Carent, who died in 1483, had
married Joan, daughter of Thomas Brook, Lord Cobham, who was therefore
the grandmother of the defendant in this suit. Hutchins, Hist, of Dorset, iv,
112. This connection between the families may perhaps explain this grant
of an annuity.
2 Sir William Carent, lord of the manor of Toomer, had followed his
father, William Carent, on his death in 1516. Med. Wills (S.R.S., xix),
p. 1 86. The Carent family had acquired Toomer by the marriage of Alice,
the sister, and eventually the heiress of Richard de Toomer, with William
de Carent (Chart., 25 and 26 Hen. VII., No. I. Feet of Fines, Somers.,
Mich., 28 Hen. VI.). From him it descended in the direct male line to the
defendant in this suit. This Sir William Carent was involved in a great
deal of litigation. We have already met with him involved in a Star
Chamber suit (see above, p. 84), and in his old age he was forcibly dis-
possessed of this same manor of Toomer by Thomas Horsey, the husband of
his daughter Dorothy, who alleged a settlement of the manor upon them ; the
case came before the Court of Chancery. Chanc. Proc., Eliz., ser. ii,
bundle 45, No. 25.
3 Toomer in Henstridge.
4 1536.
Chamber CaSta. 191
dyd inpownnd at North Cadbury in the countye of Somerset
for wyche catalls the seyd Sir Wylliam Carrant sued a replevyn1
returnable at the common place and ther made defalt wher-
upon returne was awardyd to the seyd Elys and a wrytt de
returno habendo2 was dyrectyd to Sir Hugh Pawlet knyght3
shyrefif of the countye of Somerset to make delyueraunce to the
sayd Elys of the seyd catalles befor dystrayned wherupon the
seyd Sir Hugh Pawlet dyrectyd hys warrant to one Wylliam
Toker Richard Mongomere and John Stoone to execute the
seyd wrytt wyche Wylliam Toker & Rychard Mongomere &
John Stoone at Tomar aforsayd the xth day of June in the
xxixth yere of your most noble rcyngne* toke the seyd catalles and
peaceably delyuered them to the seyd Elys Brooke accordyng
to seyd wrytt and the seyd Elys Brooke Wylliam Toker
Rycharde Mongomere & John Stone beyng in peceably maner
possessyd of the seyd catelles and yn godes peace and your
gracys at Thomer afor seyd the seyd Sir Wylliam Carant
knyght accompanyd with leonard Carant John Awater Hugh
Ryall Edwarde Durneforde Wylliam Locke carpynter John
Warman Thomas Kyngesbury Nicholas Taberer John Galpyn
John Heyne Robert Pryde Nicholas Taylor John Peny Wylliam
Locke John Smyth Sir Rychard Jamys clerke John Curteys
Wylliam Warrar' John Maydman John Taylor Sir Thomas
1 A replevin is " the bringing of a writ called Replegiare facias, by him
that has his cattle or goods distrained by another for any cause, and putting
in surety to the sheriff, that upon delivery of the thing distrained he will
prosecute the action against the distrainer. Goods may be replevied two
manner of ways, by writ, that is by the common law, or by plaint, that
is by the statute law for the more speedy having again of their cattle and
goods." Cowell, Interpreter. This is an instance of the former method
the writ being returnable in the Court of Common Pleas.
2 This is a writ for the return to the man making the distraint of the cattle
he had distrained, which before were replevied by the party distrained, if the
latter makes default and does not prosecute his suit in the Common Pleas.
Cowell, Interpreter.
3 Sir Hugh Paulet was the eldest son of Sir Amias Paulett of Hinton
St. George. He was sheriff of the county in 1536, 1542 and 1547. (Coll.,
i, xxxvii, xliv, q.v.} He served in the French war of 1544, and was made
supervisor of all the lands formerly belonging to Glastonbury Abbey. He
defeated the Devon and Cornish rebels in 1550 and died in 1572. Coll., ii,
167, 286 ; Diet. Nat. Biog.; Somers. Visitations (ed. Weaver), 189.
4 1537-
192 J?tar Cfjamfttr CaStsf.
Collop prest Walter Gryne & John Stokerer and other ryotous
and mysrulyd persons to the number of Lx ryotously and unlau-
fully assembled them selffes together at Tomer aforsayd the seyd
xth day of June in the seyd xxixth yeere in the maner of an
newe insurrexion and vvyth forse and armys that ys to say wyth
bylles bowes gleyues and other maner of wepons defencyble in
the maner of warr arrayd ryotusly at Tomer aforseyd made
assaut apon the seyd Elys Brooke Wylliam Toker Rychard
Mongomere & John Stone and with lyke force and armys toke
the seyd catalles from the seyd Elys Brooke Wylliam Toker
Rychard Mongomere and John Stone and them yll intreatyd
contrary to your lawes and your graces peax to the lett of the-
xecucyon of your lawes and to the grete hurte and hynderaunce
of the seyd Elys brooke and to the perlyous example of suche
other mysrulyd persons in tyme to come If condyng punyshment
be not had and prouyded in thys behalf In consyderayon
wherof yt may plese your hyghnes the premysses consyderyd to
graunt seuerall wryttes of sub pena to be dyrectyd to the seyd
Sir Wyllyam Carant knyght and the other ryotous persons
comaundyng them and euery of them personally to apere before
your highnes at Westminster ther to answer to the premysses
and furcler to abyde such order and dyrectyon as by your grace
shalbe thowght most conuenyant in this behalff.
(Fo. 340 of this volume is the fair copy of the above draft
complaint?)
Appended is the writ to take the answers of Sir William
Carrant and others to the above complaint, dated 5 July, 29
Henry VIII.,1 by virtue of which the following depositions were
taken : —
These be the deposicions of dyuerse persons whose names
hereafter folowythe taken before William lorde
Stourton knyght3 at Toomer in the countye of Somer-
set the seconde day of October the xxixli yere of the
reigne of our soueraigne lorde3 kyng Henry the viijth
by vertue of a wrytte of our sayde soueraign lorde of
1 1537-
2 William Lord Stourton succeeded to the peerage on the death of his
father Edward, Lord Stourton, in 1535. See above, p. 141, n. i. Med. Wills
(S.R.S., xix), p. 214. s 1538.
Cfjamftcr Casts. 193
dedimus potcstatem to me directed and hereunto
annexyd with a bille of complaynt of Elys Broke also
to the sayd wrytte annexid.
William Carrent of Toomer knyght sworne and examyned
before me the sayde lorde Storton the day and yere abouesaid
deposith and saith that William Toker sayde that he wolde not
medelle in seruyng of no processe nor dyd not knovve his maisters
pleasure whether he ware in the warraunt or no and further
sayde that he was put in at Maister Nicholas Fitzjames howse.
Syr Richarde James vicar of Hengstrege1 John Awater of the
same yeoman Syr Thomas Coloppe clerke of Toomer and
William Warre of the same Towne laborer sworne and examyned
deposyn and sayn and euery oon of them deposith and sayth in
euery thyng as the saide Sir William Carrent hathe sayde.
William Locke of Stalbryge in the countie of Dorset
carpenter sworne and examyned deposithe and saithe before me
the sayde William Stourton that he was the tenth day of Juny
whiche was Sonday at Stalbrige at matens and masse and not at
Toomer by fore iiij of Clocke at afternone as in the bille of the
sayde Elys Broke ys mencyoned.
John Dredge of Stalbryge aforesayde husbondman of the age
of xxxvj1' yeres or there aboute Thomas Babstoke of thage of
xxx yeres and John Townesende of thage of xxx'y yeres or aboue
of the same towne husbondmen sworne and examyned affirme
the sayng of William Locke to be trewe.
Nicholas Tabor of Hengstrege foresayde sworne and
examyned deposithe and saythe that he was at Stalbryge the
sayde xth day of Juny the hole day and the nexte day also and
not at Thoomer as in the sayde bille ys mencyoned.
Thomas Water of Stalbrige foresayde Gentilman of the age
of xl yeres or there aboute John Locke of the age of xlij yeres
John Gayns of the age of xl yeres or there aboute John Galpyn
of thage of 1 yeres or there aboute Richarde Snoke of thage of
1 yeres and above husbondmen William Stacy wheler of the age
of Liiij yeres and Thomas Kyng of the age of xl yeres or aboue
1 His name is not found among the incumbents of Henstridge. Richard
Husthewaytwas presented in 1530, and Richard Bierbecke in 1578. Richard
James may perhaps have come between. Somers. Incttmb., p. 100.
2 C
ig4 J?tar Cijamfcrr
wever of Stalbryge aforesayde sworne and examyned deposyn
and sayn and euery oon of them deposith and saith that the
sayde Nicholas Tabor was not at Toomer the day and yere in
the sayde bill supposyd.
William Were of Come Mynstrell of thage of xxviij yeres or
there aboute sworne and examyned deposithe and saithe that
the sayde Nicholas Taboure was not at Toomer the day and
yere in the sayde bille supposyde.
Hugh Ryall of Bowdon, sworne and examyned deposith and
saith that the tenth day of Juny in the sayde bylle mencyoned he
was at Hengstrege at his parisshe church at masse and after
masse departyd whome to Bowdon to hys owne house and then
at after none came to his parische churche to evynsong and after
that went to Stalbrige and at vj of the clocke at afternone the
same day came to Toomer and was not there before that owre
that day and saith that he knewe not of the sheryffes seruauntte
beyng at Toomer that day tyll that owre.
William Cuffe of Bowdon forsayde of the age of Ix yeres
William Homer of thage of Ix yeres and aboue William Ryalle of
the age of xxviij^ yeres and more and Rofrt lambert of thage of
xxxty yeres of Bowdon forsayde husbondmen sworne and ex-
amyned affyrmyn the sayng of the sayde Hugh to be trewe in
euery thynge.
William Locke of Hengstrege foresayde sworne and ex-
amyned the day and yere abouesayde deposithe and saythe that
he was not at Toomer the sayde xth day of Juny as in the
sayde bill ys mencyoned nother within iiij wykkes after.
Syr Denys Oldefelde of Hengstrege foresayde clerke of the
age of xl yeres and above sworne and examyned affyrmythe the
sayng of the saide William Locke to be trewe.
Walter Grene of the same place wever sworne and examyned
the day and yere aboue sayde deposithe and saythe that he was
not at Toomer the sayde xth day of Juny in the sayde bill
mencyoned nother yet within a fourth nyght after.
John Rydeout of the same towne husbondman of thage of
xxx'y yeres and aboue sworne and examyned affirmyth the sayng
of the said Walter to be good and trewe.
John Tayllor of Hengstrege forsayde husbondman sworne and
examyned the day and yere abouesayde deposithe and saithe
Chamber CaSta. 195
that he was not at Toomer the sayde xth day of Juny in the
sayde bill supposyd nother within foure days after.
John Maydeman of the same towne husbondman sworne and
examyned the day and yere aboue sayde deposithe and saithe
that he was not at Toomer the sayd xth day of Juny in the
sayde bille supposyde nor within iiij days after.
John Galpyn of the same town tayllor sworne and examyned
the day and yere abouesaid deposithe and saithe that he was not
at Toomer the sayde xth day of Juny untyll iij of the clocke at
afternone the same day as in the sayde bill ys mencyoned.
William Lokke of the same place husbondman of the age of
Lx yeres and aboue sworne and examyned affirmyth the sayng
of the same John Galpen to be trewe in euery thyng.
Nicholas Talor of the same towne husbondman sworn and
examyned the day and yere abouesayde deposithe and saithe
that he was not at Toomer the sayde xth day of Juny as in the
sayde bille ys supposyd nother within oon inoneth after.
William Langforde of the same towne husbondman of the
age of xxvj'y yeres or thereaboute sworn and examyned affirmyth
the sayng of the sayd Nicholas to be good and trewe.
John Smythe of the sayde towne smyth John Heyn of the
same taillor Robert Pryde and John Penny of the same
husbondmen sworne and examyned the day and yere abouesayde
and sayn that there was no maner of Catell taken by the
sheryffes seruaunttes at Toomer forsayde as ys supposyd in the
sayde bille there was no man harnysed with harnes nor there
was no assaut made apon Elys Broke William Toker Richarde
Mongomery and John Stone as in the said bill ys supposyd and
further sayn they were present at Toomer the same day and
came thyther by chaunce.
John Warman of Wyke husbondman Edwarde Durneforde
of Mylborne Port husbondman John Curtes of Toomer coke and
Thomas kyngesbery of the same husbondman sworn and
examyned sayn and euery oon of them saithe that they were
present at Toomer the sayde x day of June as in the sayde
bille ys mencyoned and further sayn as the sayde John Smythe
and other haue sayde in euery thyng.
John Stokker of Shaftesbery berebruer sworn and examyned
deposith and saithe that he was not at Toomer the xth day of
196 £>tav Chamber
Juny supposyd in the sayde bille nor within iiij days after or
within ij wykkes before.
John Warman of Wyke foresayde Edwarde Durneforde of
Mylborne port and Thomas Kyngesbery of Thomer husbondmen
sworne and examyned deposyn and sayn and euery oon of them
deposithe and saith that the sheryffes seruantte William Toker
sayde at Toomer that he wolde serue no maner of processe for
hys parte.
William Maister of Mylleborne port of thage of 1 yeres and
John Elys of the same towne wever of the age of 1 yeres sworne
and examyned sayn that they were present at Toomer the xth
day of Juny and further sayn that there were no catell taken by
the sheriffes seruante nor no maner of persons arrayd in harnes
nor no maner of wepon drawyn nor no bowe bent nor no maner
of asaute made apon the sheriffes seruante nother appon no other
maner ther beyng present.
[Signed] W. Stourton.
Endorsed : — The certificat of William Stourton knyght lord
Storton. I the said William by vertue of the kinges wrytte of
dedimus potestatem to me directed with a bylle of complaynt
yoyned to the same and within this paper inclosyd haue called
before me certayn persons according to the tenure of the same
And sworn them apon the sayd complaynt whose names and
deposicons appere in a bille annexid to the sayd wrytte with the
said bille of complaynt In witnesse wherof I the sayd William
haue sealed this withe my scale.
brought in by Hugh Ryall xviij die octobr' a°. xxixe.
VOL. VI, No. 341.
The awnswere of Sir William Carrant knyght Leonard
Carrant1 Sir Richard James clerck Sir Thomas Colop
chaplyn Hugh Ryall Thomas Kyngesbery John Courtes
to the byll of compleynt of Elys Brooke.
They say that the suit is determinable at the common law
and that Sir Hugh Pawlett3 shiryff of the said Sheir upon the
fals suggestion & untrue informacion of the said complaynant
1 The words " non juratus " are written above this name.
2 See above, p. 191, n. 3.
Chamber CaSttf. 197
haith retournyd a rescouse1 ynto the kynges most honorable
court of his common placeys ayenst the said Sir William Carrant
& dyuers other of the defendaunts of & for the same surmysid
& untrue cause alleged in the said bill of complaynt werfor the
said defendauntz prayen to be dismyssid out of this honorable
court with their resonable costes & charges neverthelesse if by
thorder of this honorable court they shalbe here also compellyd
to make awnsweir to the premissez surmysid yn the said bill of
complaynt they sayen as to ony ryott unlaufull assemble or as to
eny asseut or fraye commyttid & made by the said defendaunt
uppon the said complaynaunt or ony of them named in the saide
surmysid bill or as to ony other unlaufull act or mysdemeanor
commyttid ordon by the said defendaunt ayenst the kynges
peace yn maner & forme as yn the said bill is allegid that they
& euery of them be therof not giltie without that the said
William Toker Richard Mongomere & John Stone by vertue
of their saide warrant at the day supposid yn their sayd bill toke
the said catalles & delyuered them unto the said complaynaunt
as in the said bill is allegid and without that the said complay-
naunt was euer possessid of ony suche catalles by vertue of the
said warrant as yn the said bill is also allegid and without that
the said defendaunt or any of them toke the said catalles from
the said complaynaunt or from the said William Toker Richard
Mongomere & John Stone or ony of them in maner & forme as
yn the said bill untruly also is surmysid and without that the
said defendaunt or ony of them weire arrayed or had ony suche
wepens or other then they weir dayly use to wayre as yn the said
surmysid bill is also allegid & without that ony other thyng
allegid yn the said bill & materiall to be awnswerid unto is true
all whiche maters they been all redy to averr & prove as this
honorable court shall award & demaund iugement & prayen they
may be dysmyssed with their resonable costes & charges sus-
teyned yn this behalff.
[In Vol. VIII., fo. 152, is a bill preferred by the said Sir
William Carrant against the said Elys Broke complaining of a
similar trespass under similar circumstances on 22 July, 29
Henry VIII.]
1 A Rescous is defined as a resistance to lawful authority. The writ used
in this case was known as the writ de rescussu.
198 J?tar Chamber Cas!t3.
Draper u, Rodney.
VOL. XIII, No. 78. DATE: 1537.
To the kinge our soueraygn lorde.
Humble shewithe and complayneth unto your highnes youre
powre subiect and daylye oratoure William Draper1 of Hasyl-
beare in your countye . . . Somerset that wher oune John
Whytton was seassed in his demeane as of fee of and in twentye
measses xjc acres of londe c acres of medowe cc acres of pasture
. . . acres of wode and to schillynges of rent witharappur-
tenaunces in Backwell in the countie of Somerset and so seassed
by his dede indentid whos date is the xiiijth ... of Novem-
ber in the xxvjth yere of your most noble reigne2 for a certayne
sum of moriye bi your said orator to the said John Whytton well
and tru . . . contentid and payd bargayncd and solde to
your said subiect the said twentye messuages and other the
premysses with ther appurtenaunces sett . . . and beinge
in the parishe of Backewell in your said countye of Somersett
aforsaid and for the forder accomplisshement of the said bargayne
and sal . . . the premysses to your said subiect the same
John Whytton by his ferder dede of feoffement reddy to shewed
gaue and grauntyd all the said . . . and other the premisses
withe ther appurtenaunces to on Roger Hullocke of Blagdon and
Walter Fychet To haue and to hold all the said mesuages &
other ... to them and to their heires for euer to the use of
your said subiect and his heires for euer by force wherof the said
Rogger and Walter were seised of the said messuages and other
the premisses with there appurtenaunces in ther demeane as of
fee to the use of your said subiect and of his heires untill the
fourthe day of February in the xxvijth yere of your most nobell
1 William Draper, of Haslebury Plucknett, was the son of Richard
Draper of the same place, who was apparently a brewer and who died in
1532. Medieval Wills (S.R.S., xxi), p. 9. William Draper died in 1560
Smith, Wills, iii, 99.
2 1534-
Ctyamfctr Casts. 199
reigne1 your said subiect by vertue of an acte2 made in the
parliament holden at Westminster the forsaid fourthe day of
February in the said xxvijth yere fyrst begone at London the
therde day of November in the xxj yere of your most nobell
reigne3 and from thens adiorned and prorogyd by diuerse
prorogacions to Westminster interyd into the said meassuag and
other the premisses and was therof seassed in hys demein as of
fee by vertu of the said acte and so beinge of the premisses
seassed to his oune use and his heires tooke the issues and
profettes peasabell untill nowe of late that ys to saye the xxli
day of August in the xxixd yere of your most nobell reign4 that
on John Rodney5 esquyre Richerd gouffe and John Rome with
diuerse other yll disposed persons to your subject as yet unknovven
riottusly and with force of armes, that is to saye withe swordes,
bocklerys, byllys, bowes and arowes, and with other wepons
defencybill, without any right, title or grounde reasonabill,
entryd into the said messuages and all other the premissez and
with force expelled and put owt your said subject from his
lawfull possession thereof, and with leke force do retayne and
kepe your said subject as yet owte of the same, and wyllnot
suffer him to take the profettes thereof, but take it to ther owne
1 1536.
2 This refers to the Statute of Uses of 1535 (27 Hen. VIII., cap. 10),
which purported to do away with the distinction between beneficiary and
legal ownership by enacting that all land held by one person to the " use " of
a second should be held to be the legal property of that second person, who
was henceforth to be responsible for the discharge of all the duties and
obligations connected with the estate. Before very long, however, legal
ingenuity re-introduced the old distinction between equitable and legal owner-
ship by deciding that " an use cannot be engendered of an use " and that
therefore if A held land to the use of B to the use of C, B's rights were
secured by statute, while C's rights were left to the equitable jurisdiction of the
Court of Chancery. These secondary uses became the Trusts of modern law.
This suit presents us with an example of the effect of the statute in its simplest
form, the estate which had been held by trustees to the use of William
Draper becoming his property absolutely.
3 i 29.
4 153.7-
5 This John Rodney is the grandson of the Sir John whom we have met
before in these suits, his father, Walter Rodney, having died in Sir John's
lifetime (see above, p. 72). The John Rodney of this suit died in 1548.
Medieval Wills (S.R.S., xxi), 103.
200 J?>tar Chamber
use to the grett hurte, losse and onquietnys of your said
subject and to hys utter undoyng, and to the perrelous exampell
of suche licke offenders in tyme to come if condyngn punisshe-
rncnt be not the rather had in this behalff. In consideracion
whereof and for as muche as your said orator is but a pore man
and the said John Rodney a man of grett possessyons and well
fryndyd and alyed to dyverse men of auctoryte and powre in
your said countye, by reason wherof your pore subject can have
no redresse ne remedy of the premisses onles your gracious favor
be to hym shewed in this behalff, in tender consideracion of the
premisses it maye therfor please your highnes of your most
habundant grace to graunte to your said subject your most
gracyous wryte of injunccyon with a subpena to be dyrectyd to
the said John Rodney and the others, commaundyng them as
well to avoyed the possession of the premisses and to suffer your
said subject to occupy the same according to right, equite and
justis, so also to apere before your highnes and the lorddes of
your most honorabell counsell in your highe courte of your
stare chamber at Westminster [etc. etc.J.
Bridge u. Hill.
VOL. VI, No. 248. DATE : 1537.
To the Kynge our Soveraigne Lord.
In his moste humble wyse complayneth unto your Highnes
your poore subject William Bridge that whereas at a courte
holden at the manor of Radyngton1 in Radyngton in the countie
of Somerset the first daye of Maye in the ixth yere of the reigne
of Kynge Edward the iiijthe oon William Saye Knyght
decessed1 then beynge owner of the said manor as in right of
Dame Jenofee his wyff1 by his stuarde of the same courte
1 The manor of Raddington had been owned by the Hills, John Hill,
who died in 1455, being followed by his daughter Genevieve, who married
Sir William Say. Sir William, who was holding this manor in right of his
wife in 1468, was sheriff of the counties of Somerset and Dorset in 1478 and
1479 (Collinson, i, xxxvi). Sir William and his wife had no children, and
£>tar Cfjanriw Cases. 201
graunted by copie of courte rolle to Robert Moore1 Allyn his
wyffe now decessed and to Jhon Moore their sonne yet lyvinge
oon tenement and certen londes therunto belongynge late in the
tenure of William More decessyd, to hold the same for terme of
theire lyves and the longest lyver of them after the custom of
the said manor, as by the copie of the same courte rolle more
pleynly it doth appere. By reason wherof the said Robert Ally
and John toke the yearly revenuez yssues and proffittes of the
premisses withowght interupcion, And after the death of the
saide Robert Moore and Allyn his wyff the saide John Moore
toke the profittes therof by survivor. By whose sufferaunce and
for divers summes of money to hym well and truly contentyd by
your orator, your orator hath peacably and quyetly taken and
perceyed the yerely revenuez of the premisses until the xth daye
of Maye last passyd, that oon William Hill2 and Robert Yea
and other to the number of vij or viij ryottous peisons whose
names ben unto your orator unknowen, with swordes, bukkelors,
staves, billes, glayves and other defensive wepons in maner of
warre arrayed agaynst your paix and lawes, soveraigne lorde,
came to parcel 1 of the said premisses and with force did take
and dryve aweye vij score shepe or therabought vij bullokkes
and a colte of your said orators, and a grett number of the same
doo yett kepe and deteign against the will and mynde of your
said orator to the utter undoyng and impoverishement of your
said orator for ever oneles your gracyous favor be unto hym
showed in this behaulf. And forasmuche as your orator is a
poore man and not of abylytee or substaunce to sue for reforma-
tion of the premisses at the comon lawe, yt may therfore lyke
your highnes, the premisses tendrely considred, to graunt your
gracyouse wrytt of subpena to be dyrectyd unto the said William
Hill and Robert Yea, commaundynge them personally to
appere before your highnes or your most honorable councell in
your Sterre Chamber at Westminster [etc. etc.].
the manor reverted to Genevieve's aunt, Elizabeth, sister of John Hill, who
was the wife of John Chesney. She left two daughters and co-heiresses, who
were represented by the grantees of the lease mentioned below. See
Collinson, iii, 542 ; Weaver, Somers. Visit., pp. 32, 33.
1 These Moores have not been identified.
2 A William Hill of Radington died in 1509. This may have been his
son. Smith, Wills, i, 124.
2 P
202 jy>tar Cljamfcer
Vol. VI, 355-365. The sayyng of John More, mensyoned
within the sayd bill of complaynt, examined before Sir
Hewgh Poulett, knyght,1 and Roger Bluett, esquyer,2
the xth day of Marche yn the xxviijth yere of the
reigne of Kyng Harry the viijth.3
The sayd John More, beyng son of Robert More and Elynor
his wyffe, sayth that the hole right and yntrest of the landes in
varyance only belongeth to the saide John More, as yt apery th
by dyvers copyez of the courte rolles of Radyngton hereafter
worde by worde copyed owte. The saide Aleynor overlyved the
sayde Robert More and dyed abowte ij yers paste, and syns the
deth of the sayde Aleynor the said John More was never ad-
mytted tenant to hyt, but a lytle before the deth of the said
Aleynor the said John dyd put ij sters yn to the same grounde,
and ymmediatly upon the deth of the saide Aleynor the said ij
bestes were dryven away oute of the grounde to a place callyd
Rokes castle4 by the forsaide William Hill and syns that tyme
the said John More never occupyed any part of the saide
grounde. He never surrenderd nor yeldyd up his title, nor
never made any graunt to any man of any parcell of the said
grounde, or of any part of his right or title concernyng the same.
Hereafter followeth the coppys whereby the said John More
claymeth, [here translated out of the Latin] : —
Radyngton. To a court held there 1st May 10 Edward IV5
there came Robert att More, and gave the lord a fine of los. for
entry into two closes called the Churche Hyll and the West-
downe, which William More lately held ; to hold to himself and
Eleanor, his wife, and John their son, for the term of the lives of
them and the longer liver of them, according to the custom of
the manor, by the rents and services therefrom heretofore due
and accustomed. And so they were admitted tenants, and did
fealty to the lord.
1 See above, p. 191.
2 He was the son of Richard Bluett and the grandson of Nicholas Bluet,
and was lord of the manor of North Petherton. Somers. Visitations, ed,
Weaver, I, 7, 8 ; Collinson, 55, 262.
3
1537-
4 Rooks Castle is in the parish of Broomfield.
6 H70.
Cljamlm- Cased. 203
Radyngton. To the court held there 1st May 9 Edward IV.1
came Robert at More, and gave the lord 6s. %d. for a fine for
entry into that tenement which William More lately held, to hold
[as above].
Radyngton. To the court held there 1st May 1 1 Edward IV.2
came Robert at More, Eleanor his wife and John their son, and
gave the lord 40^. as a fine for entry into a tenement which John
at Bury lately held, to hold [as above].
Radyngton. As yet the court of Sir William Say, Knight,
tenant by the law of England, held there nth April 2
Richard III.3; to this court came Robert at More and gave the
lord 2Qd. for a fine for the reversion of a meadow called the
Westmede, now in the tenure of Lucy Sayer, to hold [as above].
The sayyng of William Brudge [examined as above].
He sayth that Aleynor More and he, the said William Brudge,
and Anne his wyffe, dowghter of the said Aleynor, systerto John
More now lyvyng, hath taken a lesse of the saide grounde in
varyance of John Waldgrave,4 Thomas Hussey,4 William Clop-
ton the yonger,4 George Babyngton4 and Eleynor4 his wyffe, by
ther dede endented to the said Aleynor More, William Brudge
and Anne his wyffe. Before the takyng of this estate the said
John More sayde that he wolde make no clay me to the sayde
grounde if that his said syster Anne scholde have any state in
the same, orels he wolde clayme hyt. He never had any other
graunte theryn of the said John More, nor doth nott know what
yntereste the said John More hathe yn the said grounde, by the
1 1469.
2
3 1485-
4 These were the representatives of John Chesney's co-heiresses. John
Waldegrave, who was the son of Edward Waldegrave and of Mabel,
daughter of John .Chesney, inherited one moiety, the other moiety was
divided among the three daughters of Joan Chesney, who had married John
Say. These were Helena, who married George Babington, Elizabeth, the
wife of William Clopton, and Anne, who married Robert Hussey. Collinson
is wrong in making Mabel, the wife of Edward Waldegrave, the sister of the
three co-heiresses. She was their cousin and inherited a moiety of the
manor (Coll., ii, 244). Charles Waldegrave owned the advowson of Rading-
ton in 1599. Feet of Fines, Div. Cos., Mich., 41-42 Eliz. See above,
p. 126, n. 2.
204 ^tar Chamber
sayyng of the said John More, who sayth that he hathe an estate
theryn by copye of the courte rolle.
Hereafter foloyth the copye of the abovesaid deed [in Latin,
dated 25 November 26 Henry VIII.1 whereby all the tenements
mentioned above, together with a meadow called Estmede and
the moor there, were granted as abovesaid for term of the lives
of the said Eleanor, William and Anne. John Hyll is constituted
attorney to deliver seisin to the grantees].
The sayyng of William Hylle [examined as above].
He sayth he hathe right to the saide grounde in varyance by
reason of a lesse taken of Sir William Say, knight, John Clerke
and John Felde, feoffees of the said Sir William Say, made to
the said William Hylle, Margaret his wyffe and Johan there
dowghter, for terme of there lyffes. He occupyed the grounde
peacebly after the deth of Aleynor More, wiffe of Robert More,
by the space of a quarter of a yere and more, and then was put
owte by the said William Brudge, syn whiche tyme hyt hath
contynued yn varyance betwyne the sayd William Hill and
William Brudge.
Here followeth a copye of the abovesaid dede [in Latin, dated
24th April 2 Henry VIII.,2 granting the reversion of the premises
after the death of Robert More and Aliena his wife, for term of
the lives of the said William Hyll, Margaret and Joan ; Thomas
Fremelet and Richard Cook of Spaxton are constituted attorneys
to deliver seisin to the grantees].
The sayyng of John Chubworthie alias Hill [examined as
above].
He sayth that he was prevy to the byyng of the premises in
varyance of Sir William Say, knyght, for the said William Hill,
Margaret and Johan, and payde for the fyne therof v/z., and was
at the sealyng of the dede made by the saide Sir William Say,
John Clerk and John Felde. At the bying of the said grounde
the courte rolles were serched to know what state was graunted
of the said grounde ; wheruppon hyt was founde that by a copye
of the courte rolle there was a state made to one William More,
1 1534-
Chamber tfaseji. 205
Alice his wyffe, Robert there son and hys wiffe, after custom of
manor, and as for eny farder state ther was none cowde be founde
nor seen at eny time, wherby John More son of the said Robert
More sholde have eny ynterest And further he sayth that
aboute xxli yeres paste one Sir Olyver, chaplyn to Master
Humfrey Calverlegh, saide to the saide John Chubworthie, that
at the request of John More son of Robert More the said Sir
Olyver had made ij copyez to the said John More of the grounde
now in varyance.
Farther there was delyvered to us, the sayde Heugh Poulett,
knyght, and Roger Bluett, esquyer, a letter from Richard Gyfforde
of London gentelman, syned and sealed with his honde, who had
all the doinges in this and all Sir William Sayes lande in the
weste partyez duryng his lyffe and the trewe copye of hys letter
hereafter foloyth : —
Pleasyth it your worschippes to understonde that where it ys
so that one John More of Radyngton in the countye of Somer-
sett certeyn yeres paste dyd come unto me to Spaxton yn the
said countie I then being officer to Sir William Say, knight,
whos soule Jesu pardone, to have a copie of certen landes yn
Radington beforesayde whyche one Robert More had by copie
to him and to one Eleyn hys wyffe and to the lenger lyver of
them, and after the deceasse of the sayde Robert, the sayd Elyn
his wyffe then lyvyng, came one William Hille of Radington
aforesaid and optayned of the lorde a deade of the revercion of
the saide landes after the deceas of the sayde Eleyn to the saide
Hille and to certen others whos names be conteyned yn hys
sayde deade. And after the dethe of the sayd Eleyn, then the
sayde John More came unto me to the sayde Spaxton, and
wolde have had of me a newe copie after the deceas of the sayde
Eleyn to hym and others, and also there brought with hym the
copie of the said Robert and Eleyn his wyffe, and no other
persons namyde in the saide copie but only the sayde Robert
and Eleyn. And then uppon the said profe had the said
William Hille was putte in possession yn to the sayde grounde,
and so contynued there peasibly untyll the deth of the said Sir
William Saye. Wheruppon I knowe very well and will testefye
the same at all tymez that the said John More at that tyme
coulde nott schowe nor had no yntereste nor title to any wrytyng,
206 £tar Chamber
but that the said John was Robert Morys son, and other tytle do
I nott knowe but that the sayde William Hylle scholde have the
sayde lande accordyng to hys deade, whyche I am and always
shalbe redy to shewe thys the treuth therof as knouyth God that
ever have you in hys tiewissyon. At London the xiiijth day of
February.1
[signed] Heughe Paulett.
Roger Bluett.
Bridge u. Hill. [SECOND SUIT.]
VOL. VI, Nos. 72 AND 73. DATE: 1544.
Depositions upon interrogatories ministred on behalf of
William Bridge against William Hill ; xiiij May anno
xxxvj to [Henry VIII.].2
William Hill of Radington, co. Somerset, husbandman,
confesseth that ther was a decre made by the Kinges most
honorable counsaile in the Sterre Chamber, xxix Henry the
eight, towching a certen tenement and landes then in variaunce
betwene this deponent and the saide William Bridge, the playntif,
in which this deponent was injoyned upon payne of cli. to suffer
the playntif to occupie the premises during the lyffe of oone John
More, sone of oone Robert More deceasyd.
He confessith the same John More to be yet lyving.
He denyeth that sith the same decre he hath molestyd or
interrupted the pleyntif in occupieinge the same tenement, but
saithe that the same John More being absent by the space of ij
yeres this deponent thought him dede, and therupon sued to the
Kynges most honorable counsale for the possession of the same
premises upon the death of the said John More according to the
aforesaide decre, and therupon obteyned an injunction against
the pleyntif, and then incontinently the said John More came
home again. And so then this deponent perceyvinge the said
John More to be on lyve medlyd not therwith.
1 From the suit which follows we learn that the plaintiff, William Bridge,
was successful, the defendant being bound over not to interfere with his
occupation of the premises during John More's lifetime.
2 1544-
Chamber CaStsl. 207
Hartgill u. Zouche.
HENRY VIII., VOL. II, Nos. 24-31. DATE: 1540.
This boke containyth the matter bitwen Argill & Richard
Zouche esquier.
Depositions taken at Bruton the viijth day of Aprill yn the
xxxjth of the reign of oure soueraign lorde kyng Henry
the viijthl bifore Sir Giles Strangwayes knyght2 Sir John
Horssey knyght3 Sir Hughe Paulett knynght4 Nicholas
Fitzjames5 and George Gilbert esquyers.6
Thomas Amys of Southbruhame in the countie of Somerset
husbondman of thage of xlvj yeres or theraboutes sworne &
examined the seide day & yere deposith & saythe that oon John
Webbe alias Smythe beyng seruaunt to William Hartgill of
Kylmyngton7 aboute ix yeres past with one John Crase John
Bryaunt & oder did stele a mare with a colte of the price of
xxvjs v'rijd of the goods of this deponent for which felonye the
1 1540.
2 These were all county magnates. For Sir Giles Strangways, see
above, p. 84.
3 Sir John Horsey, kt., was in the Commission of the Peace for Somerset
from 1530 onwards. L. and. P. Hen. VIII., iv, g. 6803 (12), etc.
4 See above, p. 191.
6 Nicholas Fitzjames was a justice of the peace for the county at this
date, and was later sheriff.
6 George Gilbert was another Somerset J.P. ; he owned land in
Bishop's Hull and Gorton Denham.
7 The pedigree of the Hartgill family of Kilmington appears in the
Visitation of 1623. Harl. Soc., xi, p. 46. At this date the manor of
Kilmington was owned by George, Earl of Huntingdon, who died seized of
it in 1544. It later, however, passed to the Hartgills. Coll., iii, 40.
William Hartgill, who was lord of the manor of Norton Ferris, became
a familiar figure in Star Chamber suits. He and his son brought two
actions against Charles, Lord Stourton (to whose father, William, Lord
Stourton, he had been land steward), for the seizure of corn and cattle in
Norton Ferris in the reign of Philip and Mary (Cal. Star Chamber Proc.,
i, 271, 306, 321), and was himself the defendant in an action brought for
illegal distraint on land held of the manor of Norton Ferris in the reign of
Edward VI. His quarrel with Charles, Lord Stourton, who had followed
his father in 1548, was very bitter — and ended in a tragedy. Lord Stourton,
ao8 J!?tar Chamber Cages.
seide erase was arraigned and put yn execucion at yevilchestre
and the seid Crase at the tyme of his deth didd confesse that the
seide John Webbe was the principal! dower of the stelyng of the
seide mare & colte and the seide Bryaunt toke sanctuary far the
same felonye at Charterhouse within and ther beyng confessid
the like mater for Webbe & hymselff as erase bifore confessid
and apon knowlege that the seide Crase was taken for the same
felonye the seide Webbe fledd the contrey for it and sithen that
tyme apon boldenes of the seide Hartgill the seide Webbe hathe
dyuers tymes resortyd yn to this countrey and hathe byn sup-
ported conforted & maynteyned by the seid Hartgill and yn his
house at dyuers tymes. Item the seide deponent saithe ferder
apon his seide othe that by meanes off the seide Hartgill he was
arrestid for the peace byfore the kyngges Justyces off assizes and
ther bifore them fownd suerties for the same1 which was procurid
agaynst hym oonly of malice for that he declarid the seid felonies
agaynst the seide Webbe and apon the same assisse immediately
after his comyng home the seide Hartgyll causid the seide
deponent to be nywly arrestid to the peace2 oonly for vexacion
at the suyte of oon of the sonnes of the seide Hart[gyll] as
apperid by the warraunt grauntid by the lorde Stourton3 and
therapon the seide deponent was put yn the Stockes by the space
of iiij ho[urs] beyng ther extremly thretenyd and ynforced by the
same to fynde nywe sewerties for the peace and allso paide ther
iiij.? for his fees or he cowlde departe.
And ferder seyth apon his saide othe that apon confession
made by the seide Crase and Bryaunt this seide deponent hadde
agayne his seid mare aboute Chrischurche yn Suthamshire
with the help of four of his servants murdered Hartgill and his son and
buried their bodies fifteen feet deep. The crime was, however, discovered,
Lord Stourton was convicted of the murder on 26 Feb., 1556-7, was attainted
and hanged at Salisbury in the following March. G. E. C., Peerage,
Collinson, iii, 40. The manor of Norton Ferris, forfeited by Lord Stourton's
attainder, was granted to Hartgill's heir. William Hartgill s will, which was
proved in 1557, mentions the debts owed to him by Charles, Lord Stourton.
Med. Wills (S.R.S., xxi), 173-4.
1 Surety of the peace — a bond given by a man before a competent judge
of record, in this case one of the king's justices at the assize.
2 /.£., arrested for a breach of the peace.
3 This was William, third Lord Stourton, the father of the man whose
quarrel with Hartgill had such a fatal ending.
tar Chamber Casftsf. 209
accordyng to their confession made where as the same mare
schuld be with iij other horses of oder mennys gooddes stolen
by theym & webbe by their seide confession.
And also they confessid that the seid Webbe hadd a grete
parte of the money whiche was taken for the seide mare & horses
that were stolen and more the deponent knowith not.
Henry Moore alias Smythe of Kylmyngton yn the countye
of Somerset husbandman off thage of 1 yeres or nyghe ther-
aboutes sworne & examined the seide day & yere deposith
& saith upon his seide othe that he herd the seide Crase &
Bryaunt confesse the seide felonyes don by them selffes and
Webbe yn like maner as the same amys hathe bifore deposed
and so he affirmeth all & euery thing to be true yn maner &
forme as the seide amys hathe don.
Item the seide deponent saith ferder apon his seide othe that
the seide Hartgill and his Sonnes Wyllyam and John hathe
dyuers tymes layen yn a wayte for this seide deponent and they
haue at dyuers tymes pykkyd qwarrelles to this deponent and
made dyuers assaultes aswell ageyn the seide deponent as agayn
som of his seruauntes yn so moche that Willyam son of the seid
Hartgyll did chace this seide deponent with his swerd drawen
the Thursday after the feste of the epiphanye of cure lord last
past at whiche tyme this seide deponent was rescued from the
seid Willyam by oon James Adamps then seruaunt to this seide
deponent and then the seide Willyam Hartgyll the yonger did
hurt the seid James apon the arme with his sworde. Wherapon
this saide deponent immediatly after the sessions at Wellis
complayned to Willyam Portman esquyer1 oon of the kynges
Justices of the peace for feare of his bodyly harme who therupon
directed his letters to the seide Hartgill Wyllyng & commaund-
yng hym & his sonnes by the same to kepe the kyngges peace
ageynst this seide deponent and oder his servauntes yet that
notwithstondyng the seide Willyam Hartgill the yonger the
Sonday after the resccite of the seide lettres manassed this seide
deponent and sought for hym to haue assaulted hym yn the
house of oon Willyam Felpis off Kylmyngton wher as he
1 He was the son of John Portman, who died in 1521, and was lord of the
manors of Orchard Portman and Gorton Denham. He was a member of
the Council of the West. L, and P. Hen. VIII., xiv, pt. I, g. 743-
2 E
210 J!?tar Chamber
supposed that the seid deponent schuld haue ben at Souper
wherapon this seide deponent aboute the Fryday or Saterday
next after the fest of the purificacion of our lady last past for
sauffgarde of his lyffe did reqwyre the peace of the lord
chauncellor1 agaynst the seide Willyam Hartgill thelder and all
his sonnes & seruauntes wherapon the seid Willyam Hartgill
thelder fownde sevvrties accordyngly and sithen that tyme that
is to saye the iijde day of Marche last past the seide John
Hartgill and Willyam sonnes of the seide Hartgill thelder did
assaulte this deponent with their swerdes and an ovvtter speare
the seid deponent beyng then at the ploughe aboute his busynes
the seide John Hartgill did stryke at the seide deponent with the
seide owtter speare as he wold haue fledd from theym apon his
horse but he then escapid from theym with moche daunger.
And ferder the seid deponent saide apon his seide othe that
aboute the fest of all seyntes last was twelue monethis oon
Edward Huntley Richard Carpynter & John Goold then
seruantes to the seide Hartgill theldre did stele a sowe of this
seide deponents yn a place called the holt whereof this seide
deponent hadd knovvlege by that oon John Lambart of Kylmyng-
ton forseide did se theym take the seide sowe with a mastyff
dogg off whiche mater the seid lambert gaue knowlege prively
to oon Sir Willyam Southey preste belongyng to the seid
Hartgill and to oon John lopham to thentent that som good
ordre myght be taken theryn by the seide Hartgill withoute
ferther busynes wherupon the seide Lambert hadd afterwardes
a heffur hurt yn the legg and an oxe likewise hurt yn the legg
and he hymselfe was afterward hurt and put yn daunger of his
lyffe by the seide Edward Huntley whereapon the seid lambert
didd schewe the same mater unto the seide deponent & other.
And ferder saithe that the seide Richard Carpynter saide to
the wiffe of this deponent & to one Humfrey Smythe that his
master Willyam Hartgill hadd yn Tubbes fattes & standys more
brawne then the iij next parishes cowde etc at one meale and
that the seide carpynter ynsuyd & folowed with a naked knyffe
1 If the bond given before the common law judges failed to make a man
keep the peace, he might be required to give surety for his good behaviour
before the Lord Chancellor. This is apparently what is referred to here.
Chamber CaStjf. 211
drawen yn his hand ij boores of this seide deponents and more
he knoweth not.
John Lambert of Kylmyngton yn the countie off Somerset
husbandman of thage of xxxv yeres or theraboutes sworne and
examyned the day & yere abouesaide deposith & saith that he
was seruaunt to Willyam Hartgill at the time when the mare &
colte of the seide Thomas Amys was stolen and at the same
tyme the seide Webbe was then likewise seruant to the seid
Hartgill and after that the seide Crase was taken as is afforsaide
for the stelyng of the seide mare the seide Webbe by the space
of xiij daies or more kept hymself prively yn the woddes of the
forest of Selwodd and somtyme commyng to the seide Hartgilles
house yn the nyght tyme and immediately after the seid xiiij
dayes the seide Webbe fledd owte of the contrey for the space
of v or vj yeres and was not seen yn the contrey ageyn by all
that space for this deponent contynued yn the seruice of the
seide Hartgill ij yeres next after the seide felonye commytted
and ferder saith that he knowith certenly the stelyng of the sowe
of the seide Henry Moore and that this deponent was hurt and
his catell hurt yn maner & forme as the seid Henry hathe bifore
deposid.
Item he seith ferder that he sawe the seid Carpynter lede
the seide Sowe yn to the house of the seide Willyam Hartgill
theldre.
Item the seide deponent saith ferther apon his seide othe that
he was bownde to the peace bifore the Kynges Justices at the
last assises holden at Yevilchestre and that notwithstondyng was
nywly arrestid by a warraunt made by the lord Stourton and
put yn Stockes by the space of half a day immediately after
thassises by the procurement of the seid Hartgill & ther was
compellid to fynde nywe suertiez and paid for his fees iiij.?. v](f.
Item the seide deponent saithe ferder that on Sonday last
past he delyuerede a lettre from Sir Giles Strangwayes & oder
the Kynges commissioners to the said Willyam Hartgill for his
apparaunce bifore theym apon thes causes wherapon the seide
Hartgill seide to hym if thow wyn by this thow shalt never lose
by no bargayn that euer thow shalt make.
Richard Stere of Southbruham yn the countye of Somerset
husbondman of thage of xxxv yeres or ther aboutes deposith
212 J^tar Chamber
that he herd Wyllyam Stere father of this deponent say that
Crase did confesse to hym at tyme of his execucion & likewise
bifore and allso that Bryaunt beyng in Sanctuary didd likewise
confesse that Webb was at the stelyng of the mare & colte of
Thomas Amys with the seid Crase & bryaunt and also that they
hadd stolen so moche ledder as was worth yn value xlvjj. viij<£
Thomas Rastall of Stauerdell yn the countie of Somerset
yoman off thage of xxxiiij yeres or therabouts saith that apon
complaynt made by dyuers persons to Mr. Richard Zouche1 that
the seide Webbe (beyng noted to be an arrant theffe) was com
yn to the countrey who kept hymselff prively yn the day tyme
and that he schuld be supportid yn the howse of the seide
Hartgill yn the nyght tyme wherapon the seid Mr. Zouche sent
this deponent to Mr. Nicholas Fitzjames and George Gilbert
esqwyers Justices of the peace in the seid Countie to knowe their
best advises yn this mater who advised hym that he shulde
cause the seid Webbe to be arrestid & taken for felony and to
be brought bifore som Justice of the peace for the ferder exacions
therof and accordyngly the seide Mr. Zouche the Thursday next
bifore the fest of the purificacion of our lady erly yn the mornyng
did send this deponent with on Edward Morne Robert Vynyng
& John Hillyng to apprehende the seide Webbe beyng then yn
the house of the seide Hartgill Wherapon this seide deponent
with his felowez heryng that Webb used to be euery mornyng
yn a place called the holt adioynyng to the Forrest of Selwood
and ther used to contynue all the day tyme went to siche place
as they supposed the seide Webbe wold goo towardes the holt
thynkyng that oon of theym shuld fetche the Constable of
Kylmyngton to assist theym and ther goyng yn ther way they
mett with the said Webb and then this deponent saide to hym
I arrest the of felonye and with that the seide Webbe turned
from hym and drew owte his swerd & Buckler and cast a foyne
at hym backward wherwith he strake this deponent through the
cote under his arme and then this deponent & his felowes didd
take the seid Webb and this deponent lefte this Webb with his
1 This was probably the Richard Zouche of Stavordale, son of John,
Lord Zouche, who was lord of the manors of North Barrow and South
Barrow and Bratton Seymour. Collinson, ii, 62 ; iii, 36. Weaver, Somers.
Incumbents, 17, 177.
Cljamfcti' Caseg. 213
oder felowez under the seid arrest and went hym selff towardes
the towne of Kylmyngton to cause the Constable to com thidre
who was not then at home and yn the churchyarde of
Kylmyngton this deponent met with iiij of hartgilles seruauntes
sayeng to theym that he had arrestid Webbe of felonye and left
hym with his felowes yn the Grove adioynyng nygh to his house
and then this deponent went to the bailiff of Kylmyngton and
to the tethingman ther and charged theym in the Kyngges
name to help hym & his felowez apon the arrest of the
seid Webbe whereupon this deponent and the seid Bayly &
Tethingman went towardes the place wher this Webb was
arrested & lefte and by the waye nere to the same place they
mett with som of the felowez of this deponent whiche saide that
Hartgill & his company hadd rescued & taken away the seide
Webbe from theym with grete force and then this deponentes
felowez went to Mr. Zouche to shewe hym of this demenour and
this deponent taried at Kylmyngton to knowe what the officers
ther wold doo yn this mater whiche officers ther saide that they
hadd awnswere of the seid Hartgill that the saide Webb shuld
be furth comyng to awnswere unto siche mater as cowld be
allegid agayn hym and this deponent hadd then his wapon
taken from hym by the seide Hartgilles meanez apon the reporte
that the seide Webb was sclayne & murdrid by hym & his
felowez and the next day after the seid Webb was brought
bifore Mr. Nicholas Fitzjames and Mr. George Gilbert and they
apon the examynacion of the mater sent hym to the kyngges
Gaole of Yevilchestre and the next day folowyng the seide
Willyam Hartgill did send iij sewertyes wherof one of theym
was his son an oder his son yn the lawe and the iijde one carter
who was his seruaunt and apon their recognisaunce the seid
Webb was Baillie to the next generall gaole delyuerey at whiche
tyme the seide Hartgill brought furth & delyuered a write of
Corpus cum caused byfore the Justices to remove the seide
Webb owte of the shere yn to the Kynges benche.
1 Corpus cum causa is " a writ issuing out of the Chancery to remove
both the body and the record touching the cause of any man lying in
execution upon a judgment for debt into the King's Bench, there to lie until
he hath satisfied the judgment." Cowell, Interpreter.
214 ^tav Chamber
Edward Morice off Staverdell in the countie of Somerset
yoman aboute thage of xxxij yeres or theraboutes saith yn all
& euery thing concernyng the rescuyng of Webbe as the seide
Rastall hathe before deposed and ferder saithe that when the
seide Webbe was arrested and lefte yn the custodye of this
deponent and other of his felowez the seide Rastall went to
Kylmyngton for the Constable and yn the meane tyme cam
Hartgill with dyuers other persons with hym to the numbre of
xiiij persons or theraboutes with bowes and arrowes & oder
wepons and som of theym beyng harnysed did forcibly take a
way the seide Webbe from this saide deponent & his felowez
albeit that this deponent didd opynly say to the seid Hartgill
that the seide Webbe was arrested by the commaundement of
the Kynges Justices and the seide Hartgill then made awnswere
& saide that Webbe was his seruaunt & wee schuld not haue
hym and with that Hartgill bade them that were with hym yn
his parte to schute at Mr. Zouche is seruauntes and kyll theym
and so toke the seide Webb from this deponent & other contrary
to oure willes.
Robert Vynyng of Wyncaulton yn the countie of Somerset,
husbondman of thage of xxv yeres or theraboutes saithe in all
& euerything as the seide Edward Morice hathe bifore saide &
deposid and saith ferder apon his seid othe that Hartgill caused
ij bandogges to be sett on this deponent & his felowez to
thentent to haue their purposes afforsaide.
Richard Wynsloo off Pen yn the countie of Somerset
husbondman of thage of 1 yeres or theraboutes desposith that he
was seruaunt and under keper to Willyam Hartgill yn Brucombe1
yn the Forest of Selwodd and seith ferder apon his seid othe
that the seide Willyam Hartgill the elder W7illyam & John his
sonnes and John Webbe his seruante hathe dyuers tymes
forstallid & kylled the kyngges dere yn the seide forest to a
grete numbre and ferder saithe that he fownde Huntley and
John Frowde seruauntes to the seide Hartgill where they hadd
kylled a bore with ij bandogges and put hym yn a sack and
caried it to the house of the seide Hartgill and one Alice
Rendall and Avelyng Gilbert cam to the seide Edward Huntley
and John Frowde when they hadd kyllid the same bore.
1 Sic.
Chamber CaSfg. 215
Item the seid deponent saith ferder apon his seide othe that
Willyam Hartgill saide to this deponent that he hathe hadd
kepers byfore hym that hathe brought hym a carte lode of wylde
boores yn one yere.
James Adamps of Kylmyngton yn the countie of Somerset,
husbondman of thage of xxx yeres or theraboutes, deposith that
Willyam Hartgill and John his son made assaulte apon the
deponent yn the churche yarde of Kylmyngton and the seid
John Hartgill strake hym with his daggar and the seide Willyam
strake at hym with his wodd knyffe and did put hym yn
Jeopardie of his lyffe savyng that good rescue was hadd of
honest persons that were present.
Signed : — Gyles Strangwayes, John Horsey, Hwg' Paulet,
George Gilbert, Nycholas Fitzjames.
Ex parte Willelmi Hartgill.
Richard Adamps of Bruton yn the countie of Somerset
glover aboute thage of Ix yeres or more saith that aboute x or
xj yeres past the seid deponent hadd a donn Geldyng stolen at
Bruton by oon John Bayly alias Smythe and afterward the same
Geldyng was convayed nyghe aboute Crischurche yn Sutham-
shire by the confession of oon Bryaunt beyng yn Saynctuary
whiche cam to the knowlege of this deponent by oon Thomas
Amys and he saithe that to his knowlege the seid Webbe was
not privey to the stelyng of the seide horsse.
Thomas Crase of North Bruham yn the countie of Somerset
husbandman of thage of 1 yeres or theraboutes deposith that
he herd Crase & Bryaunt sey that Webb did stele wyne owte of
oon Wykes wayne but he knowith not how moche it was and
this was don abowte ix yeres past.
Willyam Leuersage of Kylmyngton yn the countie of
Somerset yoman of thage of 1 yeres or more saith that he
herd Webb say the morrowe after that he was hurt yn the
grove besides Hartgills house that certeyn of Mr Richard Zouche
is seruauntes did set apon the seide Webbe the day bifore and
badde hym yeld hym thyffe and he defended hym selff the best
he cowd wherapon he was hurt and ferder saithe that Webbe was
with Hartgill yn seruice by the space of a yere after that Crase
216 J?tar Chamber Casts.
was put yn execucion, and ther contynued till he hurtid oon
Water Gulloffer then he gave hym warnyng to avoyde his seruice.
[Signed as above.]
Heith u. Speke and others.
HENRY VIII., VOL. I, No. 100. DATE: 1540.
The answer of John Bely to the byll of complaynt of
Nicholas Heith clarke cheif almoner to the king's grace.1
The said John Bely sayth that the seid bill of complaynt ys
uncerten & insufficient in the lawe to be answered unto & the
mater therin contayned deuised only of malice to thentent only
to put the said defendant to great vexacion. Netherthelesse
for farder answere unto the said surmised byll of complaynt the
said defendaunt saythe that att such tyme as the said Nicholas
Sarger2 had knoledge of the murder commytted & down by the
said Thomas Michell3 as ys mencyoned in the said byll of com-
playnt he the said Nycholas Sarger made hys repaire unto
Canyngton aforesaid with whom the defendaunt beyng seruaunt
1 Nicholas Heath was appointed almoner to the king in 1537. He later
became Bishop of Rochester (1539), of Worcester (1543), Archbishop of York
(1555-9), and Lord Chancellor (1556-8). His political career ended with the
accession of Elizabeth. Diet. Nat, Biog. The goods of the felo de se were
forfeited to the king's almoner, who disposed of them in alms to the poor.
Cowell, Interpreter.
2 Under-sheriff of the county, see below. His will was proved in 1550-1.
Somers. Wills, ed. Crisp, i, 83.
3 This Thomas Michell was the grandson of Walter Michell, who died in
1487 owning many manors in Somerset, including the manor of Chilton, the
manors of Wembdon and West Pury. Cal. Inq. p. m., Hen. VII., i, 257.
West Pury may probably be identified with the Pury Court which became
the scene of this tragedy. Walter Michell was followed by his two sons,
William and John, in succession, both of whom died without issue, the latter
on 3 November, 1492 (Ibid., i, 756), when they were succeeded by their
brother Thomas Michell, who married Margaret Fitzjames. This Thomas
died in 1502, his will being proved in 1502-3. Medieval Wills (Somers.
Rec. Soc., xix), 51 ; Hist. MSS. Com. Rep. viii, App., pt. i, 335«. He was
followed by his son, Thomas Michell, who was lord of the manors of Chilton,
Wembdon, and West Pury. Thomas Michell married Joan, second daughter
of Sir Richard Warre, knight, whom, with her sister Eleanor Sydenhatn, he
murdered, afterwards committing suicide.
Chamber Caseg. 217
unto the said Nicholas Sarger also came & repayred at whos
cummyng they there founde the said Thomas Warre1 whiche
had taken withoute auctoritie the ordinaunce & rule of all the
said goodes & after the cummyng of the said defendaunt at
Canyngton aforesaid the said William Pycchard then beyng
coroner made an enquire by the othes of xij lawfull men how
& in what maner the said Thomas Michell Johan hys wife &
the said Elyanor should cum to there deathe & also the said
William Pycchard then & there by the othes of the said xij men
caused all the goodes & catalz of the said Thomas Michell to
be valued & pricyd & after the goodes so valued & pricyd the
said defendaunt by the commaundement of the said Nickolas
Sarger dyd take certen of the said goodes & conveyd it in to
a wayne then & there beyng & ordeyned for the conveyaunce
of the said goodes and also saythe that the said Nicholas Sarger
sold to the said defendaunt on hors a simple flocke bedd a nolde
carpett & iij cousshyns whiche amountyd in all to the some of
xxs. whiche said hors flockebedd & cusshens the said defendaunt
hath in his custody & for the same he haith & trwely payed
Nicholas the some of xxs. without that the said defendaunt is
gylty of brekyng the house & dores or takyng of any other of
the said goodes & catalles that was to the said Thomas Michell
or conuertyd the same to his owne use in maner & forme as
untruly is alleged in the said bill of complaynt or that any other
thing comprised in the said bill of complaynt beyng materiall
to be answered unto not answered confessed & avoyded is trwe
all whiche mater your said defendaunt is redy to aver as this
honorable court will award & prayeth to be dysmyssed out of
this honorable court with his reasonable coste for his wrongfull
vexacyon susteyned in thys behalf.
VOL. I, No. 101.
The answer of Wylliam Pyccher' to the same byll.
He saith that he is on of the coroners of the seyd counte of
Somerset & was by the seyd Nycholas Sarger mencyonyd in
1 Their relationship to the murdered woman to some extent explains the
part taken by Sir Richard Warre and Thomas Warre in the affair. The
will of Thomas Warre was proved in 1542. See Visit, of Somers. (Harl.
Soc., xi), 115 ; Coll., iii, 259.
2 F
218 g>tar Chamber
the seyd byll of complaynt wyllyd & requyred to come to
Canyngton afore seyd & ther to make an enquere apon the vew
of the bodyes of the seyd Thomas Michell Johan hys wyf &
Elenor Sydenham then beyng dede at whois request the seyd
William Pycher came to Canyngton afore seyd at whyche tyme
the seyd bodyes of the seyd Thomas Mychell Johan hys wyf &
Elenor Sydenham were then buryed by the said Thomas Warre
& oder without any vewe or other enquyre therof by any coroner
of the seyd counte wherupon the seyd William beyng coroner
ther acordyng to hys office & dewte toke the vew of ther bodyes
& by a suffycyent enquest ther by the Baliff of the hundred of
Canyngton to hym retournyd made an enquere how & in what
maner the seyd Thomas & Johan his wyf & the seyd Elenor
shulde cume by ther deth by vvhych enquest it was founde that
the seyd Thomas had felonously murderyd & kyllyd the seyd
Johan & Elenor but whether the seyd Thomas had murderyd &
kyllyd hymself the seyd enquest for lake of suffycyent evydens
therof they coude not agree to make any verdyt therof wher-
uppon the seyd William at the request of the seyd Jure ther so
sworen to them gave dyuers dayes to be advysid to make ther
verdyte therof & at every of the seyd dayes to them appoynted
the seid coroner gave his personall attendaunce & at no tyme
the seyd jure coude agree to fend that the seyd Thomas Mychell
shulde kyll hymself tyll now of late at the last assisez holden at
Ivelchester and the seyd William Pyccher also saith that at the
tyme that he toke the vew of the bodyes of the seyd Thomas
Mychell Johan hys wyfif and the seyd Elenor for asmoche as it
was namyd & surmysid that the seyd Thomas Mychell was
possessed of goodes and catalls of a great value & that by the
murther so by hym commyttyd the rygth & tytle therof shulde
be unto our soueraign lorde the kyng theruppon the seyd
William Pyccher made & toke an inventory of all such goodes
& catalles as then & ther remayned & by the othes of dyuers &
sondry credyable persons causid the seyde goodes to be valued
and prycyd the inventory wherof with the value of the same
accordyng as it was then pricyd the seid Wylliam hath her redy
to be shewed without that the seyd Wylliam refused or wold
not cume to Brygewater to take the verdyt of the seyd enquest
in maner & forme as untrewly is surmysed in the seid byll of
complaynt.
Ci) amber Cases. 219
VOL. I, No. 109.
The answer of Sir Thomas Speke knyght1 to the same bill.
He saith that the said Thomas Michell was a man of great
possessions & estemyd to have at the tyme of his death goods
& catall to the value of on thousand poundes & aboue whiche
goodes were then & there before the cumyng of the said Coroner
by the said Humfry Waldron2 Thomas Warr & other personz to
the said Sir Thomas nowe unknowen spolyed taken & caried
awaye wher uppon the said Nicholas Sarger beyng under sherif
to the said Sir Thomas hauyng knolegge of this murder cam to
Canyngton aforesaid & there found the said Thomas Warr in the
house of the said Michell hauyng the ordinaunce of the said goods
att his pleasure at which tyme no coroner had any vewe of the
bodies of the said Thomas Michell Johan & Elianor but the said
Thomas Warr and other of their owne auctoritie had buryed the
said Thomas Johan & Elianor contrary to the kinges lawes
wheruppon the said Nicholas Sarger send to the said William
Pycchard then beyng one of the coroners of the said shire to
cum3 Canyngton aforesaid & to take the vewe of the bodies of the
said Thomas Johan & Elianor uppon whos request the said
coroner came & there toke the vewe of their bodies as before
is declared & then & there the said coroner at the request of the
said under shireff caused an inventory to be had of all suche
goodes & catall as were to the said Thomas Michell then & there
remayning and then & there causyd the same to be pricyd &
valued to the use of our soueraing lorde the kyng to thentent his
grace myght be trwly satisfyed & answered of the value therof
uppon which apprisment & valuation the said Nicholas Sarger
then beyng under shireff of that shire seased the said goodes &
catall to the use of our said soueraing lorde the kyng and the
said Sir Thomas Speke also saith that Alexander Popham4
1 Sir Thomas Speke, kt., was one of the gentlemen of the King's Privy
Chamber. He owned broad lands in Somerset and was appointed surveyor
of the confiscated monastery lands for the Court of Augmentations. He was
sheriff of the county in 1539-40. He died in 1551. Medieval Wills (S.R.S.,
xxi), 126 ; L. and P. Hen. VIII., vol. xiv, pt. ii, g. 619 (38), and g. 780 (34).
2 Humphrey Waldron or Walrond belonged to the Devonshire family of
that name, and was a descendant of the Humphrey Walrond who flourished
in the reign of Henry VII. Cal. Inq. p.m. Hen. VII, No. 902.
1 Sic. 4 Alexander Popham was Thomas Warre's cousin.
220 ^tar Chamber Cages.
Robart Warre & diuers other persons to the nomber of xx
persons & more to the said Sir Thomas Speke as yet unknowen
after the same goods so pricyd wrongfully took owt of the
possession of the said Henry Free servaunt unto the said Sir
Thomas Speke diuers parcell of the said goodes & catall & the
same convertid to there owne use and not so contentyd but also
the said Alexander Popham Robert Warre one Sir Richard Warr
knyght Thomas Warr Humfry Waldron & oder to the said Sir
Thomas as yet unknowen now of late certein corne & shippe
there also pricid that were of the goodes & catall of the said
Thomas Michell wrongfully without any auctorite haue taken
and caried it a waye & convertyd the same yn lyke maner to
ther owne use and also the said Sir Thomas sayth that at the
tyme of the said felonye & murder committed & done & at all
tyme sythyn he the said Sir Thomas was & hath ben in London
& by London attendyng & waytyng uppon the kynges highnes
and after that he the said Thomas had any knolegge of the
premissez he acerteynyd the kynges hyghnes therof as his duety
was so to do withowt that the said Thomas Michell was or yet
is endited for murderyng of hymself or that the said enquest
were or yet be agreed to endyte the said Thomas Michell for
any murderyng or kyllyng hymself in maner and forme as
untrwly is alleged yn the said bill of complaynt or that the said
coroner by the unlawfull payement or any oder meanz of the
said Sir Thomas Speke refusyd or wold not come to Brigge-
water to take the verdett of the said enquest in maner & forme
as untrewly is surmised yn the said bill of complaynt or that the
said Nicholas Sarger & the other person named yn the said bill
of complaynt brake upp the dores & lokes of the mancion house
of the said Thomas Michell by the commandement of the said
Sir Thomas Speke or that there were any suche dores & lokes
ther broken yn maner and forme as untrwly is alleged yn the
said bill of complaynt or that the said Thomas Warre was
expulsed & put owt of the said house for any suche intent as
is alleged, or that the compleynant owght to haue the goodes
of the said Thomas Michell in maner & forme as he hath alleged
yn the said bill of complaynt. And forasmuche as it apperyth
in the said bill of complaynt that ther is no Record to proue that
the said Thomas Michell dyd kyll or murder hymself therfore
Chamber Ca$?g. 221
by the order of the kynges lawes the said complainaunt owght
not of right to have the same goods & catall of the said Thomas
Michel before there be a sufficient mater of record to proue
the same which the said complaynaunt hath not alleged nor
knologed.
HENRY VIII., VOL. I, No. 113-116 (DAMAGED), No. 117.
Interrogatories in connection with the suit Heith v. Speke,
of which the depositions here follow. (No. i torn away.)
28 April 32 [Henry VIII.]. William Picher of Crekeherne,
co. Somerset, gent coroner of the same county deposeth that
yt is gyven in verdyct that the same Thomas Michell on the
1 3th of December at Canyngton dyd feloniously kyll and murdr
the same Elianor Sidnam his wifes syster and also the same
Joan his wife, and at the same daye and place dyd also felo-
niousely kyll and murdre himselfe as yt apperythe by the same
verdyt so gyven in wryting. Also he saithe he knewe not at
that tyme but that all such goodes cattails and dettes as wer the
saide Thomas Michells at the tyme of his dethe dyd apperteyngne
and belong to the kinges grace and not to his almoner ; likewise
he knoweth not perfytly what goodes cattalles plate juells &
other thinges wer the said Thomas Michells at the tyme of his
dethe for he saithe he came not to the howse in thre dayes after
his dethe in wiche tyme and space he saith bothe the same
undershrife and the said almoners deputye had byn ther befor
him comyng thether and saithe that suche goodes cattails dettes
Juells and plate as twer there at the said William Picher's
comyng thither amountyd to the some of a cli. xviij.r. or ther-
aboutes as apperith by an inventary therof made which he hathe
exhibyted into this Courte at this his present examinacion ; he
further saithe that that xij men dyd the same xviijth daye of
december fynde and present by theeyre othes that the same
Thomas Michell had feloniousely murdryd his said wife and his
syster and at that tyme dyd not present how the same Thomas
Michell came to his dethe whereupon this deponent at the
request & desyre of the same jury dyd giue daye ouer unto the
vth daye of Januarye and he knoweth not by whose meanes yt
was that they founde not nor presentyd at that tyme how the
222 J^tav Chamber
same Thomas Michell came to his dethe for he saithe he
demaundyd them the cause thero-f at that tyme wherunto they
made answer that they had no perfyt evidence in the mattr nor
had then viewed the howse or seene what innelettes wer to the
same howse therefor desyred this deponent of a longer daye
therein ; he further saith that on the vth of January being very
sycke [so] that he coulde not be at bridgewatter the same daye
with the same Jury [he] sent his letter to John Sheares bayly of
the hundred of Canyngton that he wolde desyre the same Jury
to tary at home for that daye untyll iij or iiij dayes after that he
might come to them when he was amendyd not knowing nor
hering that the same jurye wer agreed upon a verdycte or that
they wer the same day goyng to bridgewater and saithe he was
not procuryd by any persone to staye them that daye but saithe
he dyd yt only upon his dyssease as he hathe before sayde ;
also he knowyth not whether Sarger, Frye or any other person
dyd speke or labour to any of the xij men that they shulde not
appere to fynde howe the same .Thomas Michell came to his
dethe, but saithe that ryding from Welles to Canyngton to thentent
to take the same verdyt mett with Henry Frye wiche tolde this
deponent that he shulde lefe his labour for he shulde not haue
apparence ther bycause certen of the Jurye wer watermen and
passyd in theyr viage that they could not be ther that daye and
this deponent saithe that at his comyng to Canyngton according
as the same Frye had sayde he lackyd ij persons of the same
Jurye and toke no verdyt there that daye. [In answer to the
question whether the said Sarger, Pycher & others did carry
away the goods &c. of the said Thomas Mitchell the day of his
seid deth at Canyngton aforesaid & at Pery Court in the said
county of Somerset :] He further saith that he with Robert
Hawkyns his seruaunt came to the said house of Thomas
Michell and ther found the said Serger Pycher Roger Lowth
Henry Frye John Bely and John Parsons on the said xviijth day
of December last past in the eventide, in the same house with
the said Thomas Warr' and saithe the same Serger dyd then and
ther breke open the closet dore and ther founde the keyes of
dyuerse other dores & chests and then also he avoyded the same
warr frome the howse and sayde he wolde discharg him therof
and so he serched dyuerse chestes and brake open ij wherof he
£>tar Cfjamfcer Ca$ts. 223
had not the keyes and further saithe that at his being ther the
same Serger undershrife commaundyd this deponent to take an
inventary of the goodes and cattails ther wiche this deponent so
dyd And saithe that at the same tyme the same Nicholas
Serger drove and caryed awaye xiiij oxen ij steres xiij kyen and
heyfers a bull and xiiij young linges of ij yeres and iij yeres age
vij calves a baye gelding ij mares and ij coltes ij geldinges white
and grey a baye mare ix swyne of oone sorte and x of an other
and drove them to brydgewater as this deponent thinkethe, the
certentye he knoweth not. He knowyth not what ys no we
become of the same cattail and other goodes or stuff at that
tyme he caryed not awaye to this deponents knoledge but saithe
that the same Sergers seruaunt kept the same house two or
three days after And he saith the same Serger wolde haue had
this deponent to haue delyuerid to him suche goodes as he toke
awaye wiche this deponent refusyd to do and deliueryd him none
at all ; also he saithe that he hathe in his custodie a froke of
chamlet and oone pilowe with an olde shete for the wiche he
paide to the same Serger ii)s viij^ And saithe that for his
partye he gave nothinge awaye ther but a lytell paynted clothe
and an olde table clothe not worthe as he saithe xij^ but saithe
the same Serger dyd sell awaye bedstedes and dyuerse other
thinges ther, also that divers of the following persons i.e. Sir
Thomas Speke Sarger Pycher Bely lowth Frye Parsons &
Hawkyns haue bought certen parcells of the same goodes of the
sayde Serger wiche remayne in theyre custodye at this present
tyme. Finally he says he was never procuryd by any persone to
staye the xij men in gyving ther verdyt concerning the dethe of
the said Thomas Michell but saithe that the saide Serger hathe
sayde to this deponent that he shulde not nede to make no hast
in calling for the same verdyt for he said yt shulde be no daunger
to this deponent yf yt wer gyven up by the Sessions daye.
Nicholas Serger of Sherborne co. Dorset, deposeth to the
same effect & saith that Thomas Warr had entryd the same
howse and toke and conveyed away to his owne use dyuerse
parcels of the same goods ij dayes before this deponent's entry
ther ; also that the same Waldron came to sease the same goods
to the use of the said almener to whom this deponent sayde that
he had seasyd them already to the kinges use and that he knew
224 Star Chamber
not that they did belong to the distribution of the said almener
and saithe that then and ther yt was agreed bytwene this
deponent and the said Waldron that ther shuld not ther be
made an Inventary therof untyll the coroner had sytten to viewe
the deed bodyes and so then the dore of oone chamber was
lockyd & sealyd up for that tyme. Likewise he saith that he
hathe in his hands certen of the said goods and gave away
thereof a counter table to a servant in the house and also gave
away ij or iij chesys ; also that vj kye, the swyne & certen shepe
hogges sold to Mr. Compton1 were dryven to Glastonbury to the
park ther of the wiche he saithe some be solde and the one part
thereof delyuered to the kinges almoner ; also that the said
Sir Thomas Speke sent a letter to this deponent to staye all the
aforesaid goods to the King's use and so to see them in savegard
for the King.
BUNDLE 17, No. 364.
It ys this daye ordered & decread2 in the matter here depend-
ing in variaunce bitwen Nicholas Bisshopp of Rochestre high
almenour to the kinges highnes plaintiff on thone partie and
Sir Thomas Speke knight Nicholas Serger & other defendant on
thother partie that the same Nicholas Serger bitwen this & the
first daye of the next terme shall bring unto this court a iuste
& a true boke of all suche goodes & cattals houshold stuff and
other ymplementes late Thomas Michels of Canyngton in the
countie of Somerset felon of hym self which the said Nicholas
Serger & other persons by his commaundement toke sold or
caryed awaye contrary to the kinges lawes In the which boke he
shall declare & expres how muche of the said goodes & cattals
he hath sold and to whome and what somes of money he
hath receyved for theim And yt ys further ordred that the said
Sir Thomas Speke & Nicholas Serger shall by the xxviijth daye
of this present moneth of Maye delyuer at Canyngton aforsaid
unto the handes of the said almenour or to his deputie all suche
1 The will of John Compton, gentleman, of Glastonbury, was proved
9 March, 1552. Medieval Wills (S.R.S., xxi), p. 127.
2 This is the only decree of the Court that has been found among these
Somerset suits. See Introduction, p. 15.
CaSe0. 225
goodes & cattals late the said Thomas Michels which doo
remayne in the handes & custodye of the said Sir Thomas and
Nicholas Serger William Picher John Parsons Henry Frye
Robert Hawkyns John Raynesbury John Hast John Cely Robert
Jones Roger Leugh or any other of the seruauntes of the said
Sir Thomas & Nicholas Serger or in the handes of ony other
person or persones to thuse of the said Sir Thomas & Nicholas
Serger or either of theim And wher as the said Serger hath
receyved certain somes of money of dyuers persons for a great
parte of the said goodes & cattals It ys ther upon ordred &
decreed that the said Nicholas Serger shall bitwen this & the
first daye of the next terme repaye & delyuer the same somes
of money soo by hym receyved to the same parties that he
receyved the money of And the same goodes & cattals which
were soo by hym sold to be delyuered by the same persons to
whome they were sold to the said almenour or to his deputie at
Canyngton aforsaid the xixth daye of July next commyng And
yt ys further ordred that yt shalbe lawful! to the said almenour
& to his deputie to take and receyve all the goodes & cattals
late the said Thomas Michels remaynyng in the handes &
keaping of Alexandre Popham gent or in the handes & keaping
of ony other person or persons what soo euer they be.
Bucland u. Carewe.
VOL. VII, No. i. DATE: 1541.
To the king our soueraigne lord.
In most humble wise complaineth to your excellent maiestie
your poer subiect & daily orator John Bucland of Westharptre1
in the countie of Somerset That where one Agnes late Abbes
of the monasterie of Syon2 in the countie of Middlesex now
dissolued & the covent of the same were seasid in their demeane
as of fee as in the right of their church of & in one tenement
1 This is perhaps the John Bucland mentioned in the will of Richard
Bucland, "gentleman," of Martock, proved in 1557. Medieval Wills
(Somers. Rec. Soc., xxi), 179.
2 The Abbey of Sion held a manor in Martock at the date of the
Dissolution. The estate had once belonged to the alien priory of St. Michael's
Mount in Normandy. Collinson, iii, 8.
2 G
226 £>tar Chamber
with the appurtenances in Martoke in the countie of Somerset,
late in the tenure of on John Witcombe decessid1 and so being
ther of seasid in the first day of Maye in the xxxth yere of the
raigne of our said soueraigne lord2 for a certen sum of money by
your said orator to the said late Abbes & covent bifore hand
well & truly contentid & paidd to their dede indenttid under
their covent scale demysed & to ferme did lett unto your said
orator the foresaid premisses amongist other thinges with the
appurtenaunces during the terme of certen yeres yet to come
which said tenement & other parcels of landes hathe byne
usually lettyne heretofore in ferme and not reseruyde for the
occupacion of the said Abbes & covent & their predecessors for
the mayntenaunce & hospitalite of their good howses keping
yelding & paieng for the same unto the said late Abbes & covent
& their successors as muche annuall rent as at any tyme hereto-
for by the space of twentie yeres & more hathe byne usually
paied for the same premisses as by the same dede redye to be
shewid more plainly appere By vertue whereof your poer
orator was possessed of the said premisses accordingly so it is
most gracious soueraigne lord that on Peter Carewe of Mount-
isoterye3 in the countie of Devon esquier John Carwithan of
the same towne yeman William Raynoldes of the same
towne yoman John Gache of the said pariche of Martocke
smythe Roberte Lowgh of Martoke foresaid prest4 Stephyne
Nurse of Martoke foresaid prest & John Tailor of Martoke
aforesaid yoman the iijd daye of Nouember in the xxxiiijth yere
of your most gracious raigne at Martoke aforesaid riotously
assembled them selffs to gether with meny other to the number
of xxt; persons and more and they so being assembled then &
1 See below, p. 273, n. 2.
2 1538.
3 Peter Carew of Mohun's Ottery was a soldier and adventurer. He was
a gentleman of the Privy Chamber to Henry VIII., served in the war in
France in 1544, and was knighted in 1545. He was a sheriff of Devon in
1546. Diet. Nat. Biog. He obtained many grants of church lands. Coll.
ii, 259, iii, 418.
4 He was the stipendiary priest of Long Load chapel at a salary of
8 marks yearly. When the manor passed to the Duke of Suffolk the chapel
was pulled down and he was given a pension of 40^. Somerset Chantries-
(S.R.S., ii), p. in.
Chamber Cagt$. 227
there with force & armys & in i iottousse manor the howsse of your
said pocr subiect & oratour now complaynaunt at Martoke afore-
said in the said countie of Somerset brake & entryde and therof
with force as it is aforesaid did expulse & put owte the same
complaynaunt and not only brake the chamber doer of the said
howsse but also the stodye ther wherein were diuerse monnys
writinges and spoiled the gooddes & catelles of one Richard
Buclandes then & theyr found to the value of one hundred
shelinges And after the said ryott & forcible entree comytted
in manor & forme aforesaid the said mysruled persons with force
& armys kept the possession of the said howsse contynually
untill the fest of Ester then next folowing to the grete lose &
hinderaunce of your poer orator & subiect for whiche ryot rout
& unlaufull assemble at a generall sessions of the peace holden
at Welles in the said countie of Somerset the said Peter Carewe
John Carwithan William Raynoldes John Cache Robert
lowght Stephyne Nurse & John Tailor were laufully indited by
the gentilmen & freholders sworne to inquyre of all ryottes
routtes & other mysdemeanors commytted within the said
countie for whiche ryot rout & unlaufull assemble yf condyng
punysshement shulde not be mynystred it might growe to the
evill example of other suche like persons eftsones to commyt
like or wors offences In tender consideracion whereof it may
please your said most excellent majestic of your accustomyd
zele & respect that ye haue to the quyetnes of your humble &
obdyent subiectes to graunt your seuerall gracious writtes of
subpena be directid unto the said Peter Carewe John Carwithan
William Raynoldes John Cache Robert Lowghe Stephyn
Nurse & John Tailor commaunding them by the same personally
to appier byfore your maiestye & your most honorable counsell
in your Star Chamber at a certen day then and theyr to make
aunswer to the premisses.
228 £*>tar Chamber
Bruar v. Horwood and others.
VOL. VI, Nos. 366-367. DATE: 1542.
To the king oiir souereign lord.
In most humble wysse compleynyng shewythe onto your
hyghnez your trewe loving & obedyent subiecte & dayly orators
Elyn Bruar wydow & William Bruar1 that where the seid Elyn
was possessyd of & in a tenement & certeyn lond medow &
pastur wythe ther appurtenaunces to the same tenement belong-
ing & apperteynyng sett lyyng & being in Angers lye in the seid
countie of Somerset during her wydowed after the custome of
the maner of Angers Lye in the seid countie wythin wyche maner
the custome is & during the tyme wherof no mans remembrance
is to the contrary hathe byn that if any man being possessyd of
any customary hold or tenure wythin the seid maner have a
wyffe & dye before his seid wyff that his wyffe shall peseably
occupye possesse & inioye the seid customary hold or tenure
wythe their appurtenaunces during her wydowed So hit is most
dread souereign lord that the seid Elyn bruar being possessyd as
afore is seid of the tenement aforeseid & other the premisses
wythe ther appurtenaunces & havyng the seid William bruar her
son in hir seid housse & tenement to ayd & helpe her too hus-
bander & manure the same for the mayntenaunce of hir lyving
Robert H ore wood Richerd belman & Raynold bennet of
Angerslye aforesaid husbondmen & Hughe Shepard otherwysse
caullyd Thorn of Pytmyster in the seid countie husbondman &
John Mugge of Thorn Fawconer in the seid countie husbond-
man the xvth day of November last passed in this present
xxxiiij11 yere of your graces reygn2 not dreading god your
hyghnez ne your graces lawes in most ryottuse & forceable
maner contrary to your graces peace the housse & tenement
aforeseid broke & entereid and your seid orators being then in
the seid house in godes peace & your graces did not only most
violently expell & avoyd from the same but also dyd spoyll and
cast forthe of the same housse all the goods and catalls of your
seid orators to the value of xx& or above to the grett detryment
loss & impoverischment of your seid orators and them so
1 These Bruars have not been identified. 2 1542.
Cijambtr CasicS. 229
expulsed & avoyded from the premisses being parcell ymblees1
dothe hereby mynd & intend to kepe from the seid Elyn your
oratrixe foreuer she yet being wydow to her utter undoyng &
perlesse example of lyke mysdoers if spedy remedy be not be
your grace shortly provyded in this behalffe In consideracion
werof yt may plesse your highnez to direct your graces writtes
of subpena to be directed unto the aforeseid Robert Horwood &
other afore namyd commaunding them by the same personally
to appere before your highnez & your honerable councell in the
sterr chamber at Westmynster to answer unto the premises and
ferder to stand to such order consernyng the same as shall plesse
your highnez and your honerable counsell therin to take.
The severall answer of John Mugge Robert Horwood &
Hughe Shepard to the byll of complaynt of Elen
Bruer & William Bruer.
They say that the sayd tenement menconyd in the sayd byll
ys parcell of the manor of Angerslye and hathe beyn tyme owt
of mynde usyd to be lett by coppy of court roll for terme of lyffe
or lyves paying the rentes & seruyces therof due & accustomyd
and that the sayd Elyn Bruer one of the sayd compleynantes was
possessyd & occupyed the sayd tenement in hyr wyddohed in
maner & forme as ys allegyd in the sayd byll and helde the
same of Syr Henry Capell knyght then beyng owner of the
sayd manor of Angerslye2 duryng hyr wydohed accordyng to
the custome menconyd in the seyd byll and the sayd de-
fendauntes sayen that the seyd Elyn Bruer yerly dyd wytholde
fro the sayd Syr Henry Capell thre shyllynges & fower pens &
sute to the court to the sayd manor whyche thre shyllyng &
fower pens sute of court & other duytes due to the sayd Syr
Henry Capell by reason of the custome of the sayd manor the
sayd Elyn then dyd not only by the space of fourten yers wyth-
olde & wythdrawe contrary to the custome of the seyd manor
but also caused to pretend title to the same by
1 This may be "embleyde," i.e., sown with corn.
2 The manor of Angersleigh was acquired by Sir Giles Capell by his
marriage with Isabel, daughter and co-heiress of Richard Newton. He died
in 1556, leaving as his heir, his son Sir Henry Capell, who died in Feb.
1557-8. V.C.H. Somers. MSS.
3 Blank in MS.
230 J*>tar Cfjambtr
reason wherof after at a court holden at the seyd manor of
Angerslye abowt two yers past yt was then presentyd by the
homage & sutars of the same court holden at the same manor of
Angerslye that the sayd Elyn had wythdrawn & wythholden
from the sayd Syr Henry Capell the seyd yerly rent of thre
shyllynges & fower pens & other the sayd suytes & seruyces due
to the sayd Syr Henry Capell for & by reason of the seyd tene-
ment by reason wherof the sayd tenement accordyng to the
custome of the sayd manor of Angerslye was forfett to the sayd
Syr Henry Capell and by reason therof the same tenement was
seasyd by the bayly of the sayd manor in to the handes &
possessyon of the sayd Syr Henry Capell wherapon after the
sayd Syr Henry Capell at a nother court holden at the sayd
manor of Angerslye grauntyd the sayd tenement to the sayd
Hugh Shepard otherwyse callyd Hughe Thorn nowe one of the
sayd defendauntes for terme of lyffe of the sayd Hughe Shepard
by reason wherof the sayd Hugh Shepard peasably enteryd in to
the premisse and was therof lauffully seasyd for terme of hys
lyffe accordyng to the custome of the sayd manor, and the
profyttes therof taketh as lawfullys for hym to do, without that
that on the sayd fyften day of November last past [etc. etc.].
Delton u. Bowreman.
VOL. XII, Nos. 180-184. DATE: 1544.
To the kyng ourer souereign lorde.
In most humble wyse complayneth and shewyth to your
maiestie your humble and poore subiecte John Delton wher before
this one William Bowreman clerke late chanon of the cathedrall
churche of Welles1 within your countie of Somerset and nowe
parson of the churche of Corscombe3 within your said countie
wher your said subiecte is parysshioner spake and owtred wordes
soundyng to treson wheruppon att that tyme your said orator
1 William Boureman was presented to the church of Croscombe in 1519.
He is mentioned as sub-dean of Wells in 1 546. Weaver, Somerset Incumbents,
pp. 77, 218.
2 /.<?., Croscombe. The Churchwardens' Accounts of Croscombe, q.v.
(S.R.S., pp. 1-48), illustrate many of the matters dealt with here, the church
stock, church ales, and the land owned by the church.
Cfjmnbtr Cade*. 231
accordyng to his bounden dutie of allegance dysclosed and
openyd the same to your most honerable counsel! upon which
enformacon the said Sir William bowreman was called by presses
to appere in your stare chamber att Westminster before your
most honorable counsell and for his aunsvver there pleaded your
most gracious and free pardon and so he was dyscharged and nott
othervvyse as apperyth by recorde Neuerthelesse the said William
Bowreman after that he was dyscharged by your pardon as is
aforesaid of his crewyll and malicious mynde not only ded take
an accon upon the case1 agaynst your said orator for that your
said orator publysshed & opened the said wordes to your said
counsell but also surmyssed & untrewly without cause or matter
of trough sewyd dyuers other accions agaynst your said orator
wherby your said orator was very lyke to have ben undon by the
grett charges and expenses whyche he was att by the wrongfull
sewtes and vexacon of the said Sir William Bowreman yf your
said subiecte had not the rather shewyd and complayned to your
maiestie wherupon your highenes dyrected your most gracious
letters to my lorde Sturton and other to cause the said Sir
William to cesse in his said sewtes and further to cause the same
Sir William bowreman to recompence your said subiecte of his
grete expences & charges susteyned by the mysdemenour &
wrongfull vexacion of the said Syr Wylliam amountyng to the
some of xl/z and above as dewly is to be proved accordyng to
the tenor of your gracious letters the said lorde Sturton caussed
the said Syr William bowreman to cese his wrongfull sewtes &
for recompence to be made to your said powre subiecte of his
expences & charges susteyned by the wrongfull sewtes &
demeanour of the said Sir William yt was ordered that your
said orator & the said Sir William bowreman shold be bounden
euery of them to other to stonde to the awarde order and juge-
ment of certen persons by the said parties then named wiche
order the said Syr William Bowreman after refused & wold not
be bounden and so your said orator as yet restyth & is without
any recompence or satysfaccion of his said grete charges &
expences susteyned by the grett wronges of the said Syr William
as is aforsaid & very lyke so to be to the undoyng of your said
1 Cowell defines this as " a general action given for redress of wrongs
done without force upon any man, and not especially provided for by law."
232 J^tar Chamber Cases.
orator his wyff and chyldern yf your a boundant mersy and
pitie to hym in this behalf be not shewyd That yt may therfor
pleas your maiestie to graunt your most gracious wryte of sub-
pena to be dyrected to the said Syr William bowreman com-
aundyng hym by vertue of the same personally to appere
before your highnes and your most honorable counsell in your
starr chamber att Westminster att a certen day ther to aunswer
to the premysses &c.
The answer of William Bowreman subdean and canon of
Welles to the byll of complaynt of John Delton bedys-
maker of Corsecombe.
For answer he sayth that the saide John Delton beyng a
customary tenaunt unto the saide defendant parson of Corse-
combe1 contrary to the duety of a customary tenaunte hath not
only provoked stired and attempted meany light and yll con-
dicioned persons of the saide parishe of Corsecombe to treble
and vex the saide defendant his parson curet and landlorde to
shrowed and cutte downe certeyne trees growing in the
churcheyard of Corsecombe aforesaide agaynst his wyll and
licence and to withdraw ther dueties from the churche but also
before any complaynt made unto the kynges majestic or his moste
honorable counsell the saide complaynaunte at Corsecombe and
Welles in diuers markett dayes in the presence of meany honest
persons slanderously and (your honour saued) falsely callid the
saide defendant heretique and traytour and he being therfore
callyd before the right honorable lorde Russell2 at Welles then
1 This is a reference to the rectorial manor which existed in this parish
(Collinson, iii, 469), which was held by William Bowreman in right of the
church.
2 This was John, Lord Russell, who played a prominent part in the
reigns of Henry VIII. and Edward VI. He was a gentleman of the Privy
Chamber in 1506, became a great favourite with Henry VIII., and was made
marshal of the king's household in 1523. He successfully performed many
diplomatic missions, took part in suppressing the Pilgrimage of Grace, and
in the execution of the Abbot of Glastonbury. He was made a Privy
Councillor in 1538, was created Baron Russell of Chenies in 1539. He
became Lord President of the Council of the West in 1540, in which
capacity we find him acting in this suit, was Lord Privy Seal in 1542, 1543
and 1 549, and Lord High Admiral in 1 540-2, He took part in the suppression
of the Western rebellion in 1549, was created Earl of Bedford in 1550, and
£>tar Chamber Cages. 233
president of the kynges moste honorable counsaill in the parties
of the Weste the said lorde Russell examined the saide John
Delton what matters he knew ayenst the saide defendant of
heresye and treason and he recognized his saide unfitting
wordes and saide he was periured and that was heresie and that
he the saide defendant beyng steward of the churche of Welles
comaunded the churche tenauntes of Winscombe to pay theire
peter pence as they wer wont to doo notwithstanding the Statute
of repell therof made whiche he saide was treason the whiche
saynges albeit they had ben true . . . they were not (yet ys it no
matter of heresye ne treason), wheruppon the saide lorde Russell
committed thexaminacion and hearing of the saide matter unto
the late bushop of Bath John Clarke1 whiche examining the same
coulde fynd no suche matter to be true and therupon one John
Medell of Corsecombe by the procurement and ayde of the saide
John Delton complayned unto the kynges majestie and his moste
honorable counsell in the starre chamber and by cause the kynges
majestie by his most gracious and free pardon had discharged
and acquited all maner contemptes offences and mysdemaners
the saide defendant to avoyde further charges costes expenses
and not wylling to contend with his moste gracious souerend
lorde in the mater (albeit hit was untrue that was by the saide
Mydell and Delton alleaged ayenst him) dyd pray alowans of the
saide pardon and by the same was dismissed owt of the saide
cowrt of starre chamber after whiche dimission the saide com-
playnaunte not pleased ne contented with the same of his
sclanderous and malicious mynd reported and spake eftsones
openly in the market at Welles and in diuerse other places before
diuerse honest and credable persons sayng maister Bowreman
the parson of Corsecombe is an herytyk and a treator and yf the
kynges pardon had not byn he wold so haue proued hym and
that he was fayne to plede the kynges pardon for his discharge
and other sclanderous wordes he spake by the saide defendant to
the greate losse and hinderans of the saide defendant and in
derogation of his good name and fame, by force wherof he was
died in 1555. He is described as "a pleasant courtier, a good soldier, a
competent ambassador and a steady friend," and his political adroitness was
rewarded by many large grants. Diet. Nat. Biog.; Collinson, i, 171, etc.
1 See above, p. 81. He was a Star Chamber judge in 1519, and later
acted as one of the king's ecclesiastical commissioners in trials for heresy.
2 II
234 £tar Cijamfctr
constreyned for his owne declaracion to sue the saide Delton by
accyon upon the case for thies and other his unfitting wordes and
mysdemaners therupon continued untill the capias^ wherby he
was attached and by cause he coulde not iustifie his unlawful!
wordes and mysdemaners don the saide John Delton made
eftsones a new Complaynt unto the kynges majestic and his moste
honorable counsell upon the whiche complaynt the saide counsell
directed theire honorable letters unto the lorde Stourton willing
and requiring hym calling the saide parties before hym to here
and determyn the saide maters betwene the saide complaynaunte
and the saide defendant whiche lorde Sturton by vertue of the
same saide letters calling as well the saide complaynant as the
saide defendaunt before hym the xxixth day of August in the
xxxiijrd yere of the raygn of our soueraign lorde3 at [BJruton
and there hearing and examining the whole mater and suche
wytnes as were preductyd by the saide Delton perceyued that
the saide complaynt was groundyd of malice more then of any
iuste cause and further perceyued that the saide Delton and other
of the saide parishe had spent certeyne of the churche stocke in
the defence of the suites taken betwene the saide parties made
this order that ys to say that eche partie shold dysmisse and dis-
charge thother and that the saide defendant sholde no farther
prosequute his saide accyon upon the case ayenst the saide John
Delton but discontinue the same and further to delyuer at his
proper costes to the same John Delton certeyne distressis taken
and impoundyd on the behalfe of this defendant for that that the
saide Delton expresly had denyed the payment of his rent then
due to the saide defendant and that the saide John Delton sholde
use hymselfe ever after honestly unto the saide defendant as to
his curet and landlord and also that the saide defendant by cause
he ys parson of Corsecombe with his fryndes shold cause to be
spent at the churche ale of Corsecombe3 to the profytte of the
saide churche the sume of x\s. whiche saide order albeit the saide
defendant hath susteyned grete costes and charges in his saide
suites and neuer a peny for amendes made to haue a quiet end
1 This was the writ before judgment known as " capias ad respondendum."
3 For the church ales of Croscombe, see Churchwardens' Accounts
(Somers. Rec. Soc.).
Jz>tar Chamber Cast3. 235
without further treble for his partie hath hitherto truly obserued
and performed and therupon procured to be spent there shortely
after the same order made the summe of xlvJ. or aboue withowt
that that &c.
[Signed : — ] Nycholas Fitzjames.1 John Buckland.2
The answere of William Bowrman Clarke taken the xiij
day of June the xxxvjth yere of the rayng of our
souerayng lord Henry the eyght3 by the grace of god
of Englond fraunce & Irlond kyng defendour of the
faythe & in erth of the churche of Englond & Irlond
supreme hedd before Nicholas Fitzjames & John
Buclond esquiers by vertu of the kynges most honor-
able commyssyon to them dyrected uppon a byll of
complaynt of John Delton complaynaunt to the same
commyssion annexed as also uppon certayne interroga-
tories browght yn by the said John Delton before us
the said commyssioners.
To the fyrst interrogatory he saythe he doo not deney but
that he dyd sew John Delton & John Myddell for cuttyng of a
box tre & a ewthe tre yn the churche yard of Corscombe whiche
sute was yn the courte of Whytstons hundred wher the said
John Delton & John Myddell were condemned yet not with
standyng uppon his othe he toke neuer a penny of them.
Item the cause of hys sute was by cause they were the cheffe
doers of the caryng a way of the said tres.
Item he saythe he was nothyng angry for dryvyng a way of
the pryst after he knew hys unthryfty conuersacion but he
saythe hys very meanyng was after they hadd layd treson to the
same pryst to staye hym ther to try hym self for suche matters
as they layde agaynst hym.
Item as towchyng the mortuary & peters pence he denyethe
& saythe he neuer axyd none nor toke none.
1 He was sheriff of Somerset and Dorset in 1545 and died in 1549-5°-
Collinson, i, xxxvii ; Visitations, ed. Weaver, p. 106.
2 He was probably the John Bucland of West Harptree of an earlier
suit (see above, p. 225). The manor of West Harptree, granted by
Henry VIII. in 1543 to John, Lord Russell, was alienated by him in the same
year to John Bucland. Collinson, iii, 141. 3 I544-
236 J^tau CIjambtT
Item wher as he allegythe a supersedeas1 to be sewed owt
he do not deney hyt but ther was a supersedeas sent hym by
hys counsel! by cause he was not priuy who were the com-
myssyoners uppon the commyssyon sewed owt by the said
John Delton.
Item wher as he allegythe that he browght hyt owt of the
Starr Chamber & browght hyt before my lord presydent he
denyethe not but he caused them to appere before my lord
priuey scale then beyng my lord presydent of the west at Wells
hys entente was to haue hadd ther tonges charmed by cause
they callyd hym erytyke & treytor. And as to the rest of this
interrogatory he dothe deney.
Item to the vij interrogatory he saythe that John Myddell
callyd hym eretyke & traytor & sayd he was an eretyke by
cause he dyd falsly forswere hym selfe uppon a boke and as for
the peters pence & mortuares he denyethe any suche thyng to
be taken by hym or by any other of hys procurement and as
for the rest he remembrythe hyt not.
Item to the viijth interrogatory he saythe he knew nothyng
of the same.
Item to the ixth he knowythe nothyng of the same.
Item to xth interrogatory he saythe that the said John Delton
gaue hym wyld & unsettyng wordes before Syr John Sayntlow2
& Syr Harry Capell3 & other what the wordes were he do not
remember.
Item as for the accion uppon the case he do not deney but
he sewed them & further he saithe that he sewed hym for an
accion of trespas by cause the said John Delton entryd in to
hys howse because he hathe forfete hyt by the ordre of hys
Courte what the accions were he can not perfetly tell.
Item as to the ij prystes he knowethe nothyng of the same.
Item as to the undoyng of hym he saythe he neuer ment
hyt nor yet of the hundred markes that the said John Delton
saythe he hathe spent he knowethe not of hyt.
1 The writ of supersedeas " signifies in general a command to stay or
forbear the doing of that which ought not to be done." Cowell, Interpreter,
In this case, apparently, the object was to stay the commission from
taking action.
2 See above, p. 81.
3 See above, p. 229.
Chamber CaSeg. 237
Item as for the commyng to hym uppon palme Sunday he
do not remember the same but as for spattyng uppon hym he
dothe utterly deney.
Also farther he saythe that Mr. doctor Egworthe declaryd
unto hym that the said John Delton had byn with hym and
schowed hym that he hadd byn with Mr. Bowreman to haue
pece to whom Mr. doctor Egworthe said I cannot blame hym
thowghe he hathe denyed youe for youe haue sowght hys rewen.
Item for the arrestyng of John Myddell he do not deney but
he hadd an accion uppon the case agaynst hym but whether he
were in ward or no he do not know nor remember.
Item he saythe he receuyd a letter from my lord priuey scale
uppon the which letter he certyfyed my lord uppon the contentes
therof and farther he saythe he hadd a letter from my lord of
Rochester1 but as for the contentes therof he do not remember.
Deposicions takyn on the behalfe of the said William
Bowrman, clarke.
William Northe of Bruton in the countey of Somerset beyng
of thage of Ix yeres sworun & examyned saythe by hys othe
that my lord Sturton3 that now ys a bowte ij yeres & halfe
past or ther abowte receuyd a letter from the kynges most
honorable counsell and so poynted a place at Bruton & ther he
sate in commyssyon and callyd the sayd Bowreman & Delton
before hym wher he hadd all the grevys of bothe partes opened
before hym and so heryng euery of them with hys provys he
toke a order betwen them And commandyd the sayd Boreman
to spend xlf at the churche ale of Corscombe for certen money
that the sayd John Delton beyng wardyng of Corscombe hadd
spent yn hys sute agaynst bowrman And farther he saythe that
my said lord Stourton caused the sayd Boureman to delyuer a
cow to the sayd John Delton wyche he hadd strayned for certen
rent and so my sayd lord made a fynall ende betwixt them to
hys knowlege.
Thomas Rose beyng of the age of xlli yeres sworne &
examyned saythe & declarythe all suche thynges as the said
William Northe hathe don before hym.
1 Nicholas Heath, Bishop of Rochester.
2 This was William, Lord Stourton. See above, p. 141.
238 Jj>tar Cfjamfctr
William Butler gentylman beyng of the age of 1 yeres
sworne & examyned saythe in all maner thynges as the other
dothe declare before hym.
Syr Thomas Bugley pryst of the age of lijd yeres sworun
& examyned saythe that John Delton & John Myddell callyd
the said William Bowrman erytyke & traytor yn the markett
of Welles.
[Signed : — ] Nycholas Fitzjames, John Buckland
[Endorsed : — ] brought in by Nicholas Rekes xvj° October
anno xxxvj1 from Nicholas Fitzjames & other commissioners
in a matter bitwen Delton pi and Bowerman & other def. per.
Deposicions taken on the behalfe of John Delton uppon the
interrogatories of hys byll of complaynt.
John Myddell of Corscombe in the countey of Somerset
weuer of the age of xlvj yeres sowrun & examined saythe to the
first interrogatori of hys said byll that William Bowreman was
commaundyd to appere in the Starr Chamber by subpena ther
to aunswere unto suche treson as was layd agaynst hym and
ther he pledyd the kynges most gracious pardon.
To the second he saythe that he hard saye that William
Bowrman schuld saye (acte or acte not)3 he would receue peters
pence & mortuary.
To the thyrd he saythe that William Bowreman toke an
accion agaynst John Delton uppon hys case for that as the said
John De[l]ton hadd sclaundered hym.
To the fowerth he saythe that as he doth exteme uppon hys
conciens the costes of John Delton yn hys sute agaynst William
bowreman doth extend to the sume of xx1' li. or ther abowte.
To the xth he saithe that sens the kynges gracys letters were
dyrected unto my lord Sturton he knowethe of no sute
that the said William Bowreman hathe attemptyd agaynst the
said John Delton but at the same tyme my said lord Sturton
wylled them to be fryndes and that Mr. Dogen of Welles3 & some
1 1544-
2 This refers to the Acts of Parliament forbidding the payment of Peter's
pence and limiting mortuaries, 25 Hen. VIII., c. 21 ; 21 Hen. VIII., c. 6.
3 He may perhaps be identified with George Dogyon, clerk, who was in
the Commission of the Peace for Somerset in 1545.
&tar Chamber Cage4. 239
other honest gentyllman schuld make a nend & concord betwyxt
them.
Farther thys deponent saithe that he know of none ende that
my lord Sturton made betwyxt them but wher as the said
William bowrman hadd dy stray ned John Delton by one cow for
the rent of a tenement the wyche he holdethe of the said
William Bowrman in Corscomb the wyche cow my lord Sturton
willed that hyt schuld be delivered unto the said John Delton
agayne withowt costes the whiche so deliuered withowt any
costes of the said John Delton.
Symond Browne of Corscombe in the countey of Somerset
weuer of the age xlviij yeres soworun & examyned said to the
fyrst interrogatory he knowethe nothyng. In all other he saithe
leke as the aboue namyd John Myddell hathe done & deposed.
John Lacey of the same in the countey aforesayed weuer of
the age of Ity yeres sowrun & examyned saithe to the fyrst he
knowethe nothyng to the secound he saythe with the other savyng
that he hard not that he schuld saye (acte or acte not) but he
hard that he dyd receue peters pence & mortuary to the other he
knowethe nothyng.
William Mors of the same in the countey aforesaid tucker of
the age of lli yeres sowrn & examyned saithe to the fyrst he
knoweth nothyng to the second & thyrd he saithe as John
Myddell hathe don to the iiijth & vth he knowethe not the
certenty therof to the syx he said he knew of no certen end that
my lord Sturton made betwyxt them.
[Signed] : — Nycholas Fitzjames, Jamys bysse.1
Cooke u. Sedboroughe.
VOL. X, Nos. 189-191. DATE: 1545.
To the King our sovreyn lorde.
In mooste humble wise sheweth unto your Majestic your
faithfull subgecte and daily orator Robert Cooke of Tyverton2
1 This must have been the James Bysse of Stoke St. Michael, who
obtained grants of land in Somerset from the king in 1544. Collinson, iii,
340, 467.
2 This is a family dispute between stepfather and stepson. It concerned
the manor of Sparkhays in Porlock, which had passed, on the division of
240 jHar Chamber
in your countie of Devon, that wher one Johan Sedboroghe was
seased in her demeane as of fee emong other landes and tenementes
of and in certeyn landes, feldes, woodes and pastures, called
Sparkhays1 sett lying and beyng in the parishes of Purlock and
Luckcombe in your Counte of Somerset and she so beyng therof
seased in her pure wydowhed by her dede yndentid dated the
xxth daye of December the xixth yere of your moost gracious
reigne3 gave and graunted emonge other landes and tenementes
the sayd landes feldes and pastures called Sparkhayes to
Wyllyam Machyn Henry Dovell & other. To be had to the
sayd Wyllyam and Henry and thother coofefifees ther heyres
and assignes for euer to thuse and behove of the said Johan for
term of her lyfe. And after her decesse to thuse and behove of
your sayd orator for term of his lyfe and after the decesse of
your said orator to the right heyres of the said Johan for euer as
by the same dede redy to be shewed more playnly may appere
by force wherof the said William Machyn, Henry Dovell and
thother cofeffees were of the premissis seased in ther demesne as
of fee to thuse aforesaid. And after your said orator and the
said Johan Sedboroghe were maried together according to the
lawes of Holy Churche and afterward the said Johan aboute the
space of ix yeres last past dyed after whose deth your said orator
by reason of thextinguyshet3 of wylles4 according to the statute
for the same made was seased of the premisses in his demesne as
of freehold during his lyfe and peasably toke the rentes issues and
profettes therof according to the tenor of the said dede by the
space of viijth yeres withowte lett interupcion or disturbance of
any person or persons. But so it is moost gracious souereyn
Jerome Bratton's property in 1513, to the second of his sisters and co-heiresses,
Alice, the wife of William Fry, and Joan, wife of William Sedborough.
William Sedborough died on 2 March, 1526-7, and his widow Joan, the
mother of the defendant, Silvester Sedborough, married as her second
husband, Robert Cooke, the plaintiff, and died on 27 Sept., 1537.
1 For a history of this estate see Chadwyck Healey, Hist, of Somers.,
323-39-
2 1527. This settlement is quoted in the inquisition taken on Joan's
death in 1537. Exch. Inq. p. m., Ser. ii, No. 927, m. 5.
3 Extinguishment is a law term signifying " an effect of consolidation,"
/.£., if a man owns a yearly rent out of lands and then purchases the lands
the rent is extinguished.
4 This refers to the Statute of Wills, 1 540.
Chamber Ca$t$. 241
lorde that one Syluester Sedboroghe1 of the said Counte of
Somerset gent accompanyed with dyuerce ryottes persons of
light behauour beyng arrayde with sondrye kynde of wepyns
that is to saie swerdes daggers staves and suche other the viiith
daye of May this present xxxvijth yere of your moost noble rayn2
forsibly and ryottesly brake into the landes feldes and pastures
of your said orator in Sparkehays forsaid beyng in thoccupacion
of certeyn his tennantes there and from theme toke dyuerce
bestes and catall of the tenauntes and farmers of your said
orator that is to saye of John Rowe iiij oxen and a gelding of
Johan Soly wydowe fyve kyne ij steerts and a heffer one mare
xxix shepe & xxiij lambes and so bete and yntreated the said
Johan that she was in daunger and jupardie of her lyfe of Thomas
England ij kyne of John Cockesley fyve shepe and fyve lambes
all whiche bestes & catall so by the said Sedboroghe and thother
ryottes persons takyn awaye owte of the said feldes and pastures
they haue convayde awaye to places to your said orator and his
tenauntes unknowen3and theym detayn and kepe in suche places
wher as your said orator nor his said tenauntes can com by
theym to the grett losse and hyndrance of your said orator and
to the utter ynpouerishement of his pore tenauntes and so by
the crewell handelyng and demenor of the said Syluester by
reason of suche unlefull bayring and mayntenaunce as he hath
withyn the said Counte of Somerset the tenauntes of your said
orator shall not be able to paye ther rentes and other duties for
ther said tenementes and holdinges unto your said orator as they
haue don in tymes paste and so from tyme to tyme doth so
1 Mr. Chadwyck Healey describes him as " a fiery and litigious young
man." We have met him before concerned in a riot in Minehead Church.
In this suit he was obviously in the wrong, possibly, it is suggested,
" because he misunderstood the effect of the then recent legislation affecting
real estate." Chadwyck Healey, Hist, of W. Somers., 336. We find him
later, in the reign of Edward VI., dragging his neighbours in Horsington
before the Star Chamber. Cal. of Star Chamber Proc. The date of his death
is unknown. By 1565 he had been followed by his son Robert, who granted
his estates in Culbone and Sparkhays to William Fry, who had inherited
the other moiety of the Bratton estates. Somers. Visitations, ed. Weaver,
pp. 11, 76.
2 1545-
3 This was against the law. See note on Distress, p. 86, above.
2 I
242 £>tar Chamber Cages!.
manesse and thretyn the said pore tenauntes of your orator that
they can not quyetly occupie ther said tenementes and holdinges
as they haue don for feare and daunger of the said Syluester his
adherentes bayrors and maynteners contrary to your graces
lawes and peace to the perelouz example of suche lyke offenders
in tyme cummyng yf due correccion be not had with spede in the
premisses Hit may therfore please your magestie the premissis
considered to graunt your gracious writtes of subpena to be
dyrectid unto the said Syluester Sedboroghe and to thother
Ryottes persons commaundyng them by vertue therof personally
to appere afore your highnes and your moost honerable counsaill
att Westminster att a certeyn daye to aunswer to the premissis
and also to enioyn the said Sylvester upon a payn by your
highnes to be lymytted that he ymmediatly restore the sayd
bestes and catell so by hym ryottesly takyn owtt of the said
landes feldes and pastures of your said orator unto the tenauntes
and farmers of your orator agayn beyng the verey owners of
theym and that he nor any person or persons for hym yn his
name or by his commaundes vexe treble or inquyett from
henceforth the tenauntes and farmers of your said orator by
dystresses or otherwyse but suffer theym quyetly and peasably
to occupie and enioye ther said tenementes and holdinges untyll
suche tyme as the said matter withall the cyrcumstances therof
be fully examyned orderid and endyd by your grace and your
sayd moost honorable counsaill accordyng to right equyte and
good conscience.
[Endorsed : — ] An injunction is awarded for restoring of the
cattell and no further distressis to be had quousque &c. and also
tappere on the Morrow of All Souls.
The aunswer of Sylvester Sedboroghe to the bill of compleynt
of Robert Coke.
He denies all riottes and unlawfull assemblez, and saith that
on the death of the said Johane the landes called Sparkhays
dissendyd and of ryght owght to dyssend to the defendant as son
and heir of the said Johane, he then being within age, by force
wherof the compleinant still contynued in possession, and wrong-
fully toke the issuez and profittes of the same, and therunto sett
dyvers tenantes to occupye and manure the same with their
Chamber CajfeS. 243
catell, contrary to the comen lawe of this realme. Wherupon
this defendant, perceyving the same to be to his disheryson, on
the said viijth day of Maii cam into the saide landes, and then
and ther gentilly requyred the said tenantes to avoide ther said
catell from the possession of his said landes, which to do the said
tenantes then and ther refusid. Wherupon, according to the
order of the kynges Majestyes lawes, this defendant then and
ther peasably distreyned the said catell of the said defendantes
for damage fesaunt in the same, and impounded the said catell
as lawfull was for him to do, withowt that the said Johane, by
hur sufficient and lawfull dede in the lawe [etc. etc.].
BUNDLE 17, No. 254.
Depositions taken 12 Nov. 37 [Hen. VIII.]1 in answer to
interrogatories on the part of Robert Coke agayn
Sylvester Sydborgh.
Silvester Sedboroughe of Horsington in the county of
Somerset, gent., saithe that he distreyned upon Sparkhayes
xviij hedde of nete and halfe a hundred shepe of the goodes
and cattails of the tenants of the said Sparkhayes, his servants
impounded the same shepe in Dunster pounde, and the nete he
saithe they drove to the pounde at Quene Camell and to other
poundes therby, of the wiche he saithe some were tyred by the
waye, wherof they gave knoledge to the owners of the said cattail,
and some of them were delyvered to the owners by the waye.
The said cattail were impoundyd in iiij severall poundes xxx
myles and above distant from the place wher he toke them.
He hathe sondry tymes distrayned upon the same grounde
the cattail of the tenants there, whose names he saithe he knoweth
not, but saithe they be abowte the nomber of viij tenants.
He confesseth that all the said cattail so distreyned were not
delyvered, for some wer lost by the way and tyered ; all suche as
he had in his custody and knewe wher they wer this respondent,
upon the injunction directyd to hym, delyvered the same.
All suche tymes as he hathe so distreyned he hathe had no
other company with him then ij of his servantes at the most,
having theyre swirdes by theyre sydes and no other weapons ;
1 1545-
244 l^tar Chamber
all the same distresses wer taken by this respondents com-
mandyment.
Upon receyving the said injunction he delyvered all suche
cattail as he then knewe wher they wer be come unto Walter
Williams, who came in the name of all the owners of them, and
suche as were tyred and not fatchid awaye by the owners he
saithe were not delyvered, nor he knoweth how many wer of
them, nor how many the same tenants dyd fatch away of them,
nor how many dyed and wer not fatchid awaye.
Abowte mydsomer last past this deponent accompanid with
his two servants John Frye and oon Wekes came to the howse
of Johan Zoly widowe at Sparkhaies, and ther finding her
withoute the dores this deponent enterid into the same house,
and toke possession ther, at what tyme he saith the same Joan
wolde have come in to this deponent, wiche this deponent wolde
nat suffer untyll he had taken possession ; and after possession
taken he restoryd her to the same ageyne, and so departyd, And
saith they had no weapons but swerdes as they ryde with all,
And he denyeth the brekyng of any dores there.
Trewe it is that Walter Williams, sonne in lawe to the said
Johan, said unto this deponent : Imervaill whie ye handle and
intreate my mother after such faschion as yedoo, and also put
the child that she bearith in her armes in such feare, And this
respondent answerid that she mighte have avoyded yt (not I care
not thoughe I had killid thy mother and the child also), saying,
what neded she to have pressed in upon me when I was in the
howse.
He confessith that this respondent ryding in the company of
James Fitzjames, gent.,1 John Sydenham,2 Alexander Sidenham3
1 He was probably the third son of William Fitzjames, lord of the
manors of West Quantockshead, Brompton Ralph and Clatworthy, who died
in 1510. A James Fitz James was patron of the church of Fodingtonlin
1527. V. C. H. Somers., MSS. Brompton Ralph ; Weaver, Somers. Incum-
bents, 41, 87.
2 This was perhaps the John Sydenham, of Brimpton, who, among many
other manors, owned that of Bossington in Porlock, and who died in 1557.
3 Alexander Sydenham, of Luxborough, was one of Sir John Sydenham's
younger sons. He died in 1584. (See Sydenham pedigree. Chadwyck
Healey, op. «'/., 309-313.)
Cfyamfar Casea. 245
and Mr. Blewet,1 with dyverse of their servants, unto a place
callyd Cubbon, passed by the howse of Robert Coke callid
Bratton2 in the said counte of Somerset, being a ruynouse howse
and sore in decaye and not inhabyted, and so desyred the same
gentylmen to go with hym to the said house and to view the
decaye thereof, wiche they so dyd, and founde no persone in the
house nor no goodes ther, and so departyd. He saythe they had
no weapons but theyre swerdes and some bucklers as they ryde
withall. He confesseth that he did not entre in at the dore, but
went over a wall and unbolted the gate, and so went in to every
place of the same howse, and brake no dore there, nor any dore
was ther fast or shute, as he saithe.
There was no goodes, cattails or writinges or any specialtyes3
taken awaye thens, nor none was ther founde, as he saithe, more
then a lytell pynne dowste4 wiche was in a paper in the wyndowe,
and that they toke away with them as he saithe.
He confesseth that he went to the manor of the complaynantes
callid Kydnore otherwise St. Culbens in the same counte of
Somerset, and there distrayned the tenantes cattail for his rent,
wherupon he saith the same tenantes paide unto this deponent
his rent wiche ,was xijV. and \n]d., as he now remembrith, and so
he delyverid the same cattail and departyd.
He knowith not of any lyverye and season5 made upon the
dede specified in the bill of complaynt in the wydowed of this
deponentes mother, but by the only reporte of the same plaintiff
and oone Machin, who reported that he was present thereat,
saying that he knew not whether the same dede was good or not.
He confessith that he stondithe bounde by obligation unto
the plaintiff, wiche bonde was taken in the nonage of this
1 This Mr. Bluet may have been either the Robert or the Roger Bluet
mentioned above (p. 90), or Nicholas Bluet of Exford, who was living at
this date. V. C. H. Somers., MSS. Exford.
2 Bratton Court had been uninhabited since the division of Jerome
Bratton's property among the co-heiresses.
3 Cowell defines specialty, specialitas, as "a bond, bill, or such like
instrument."
4 This, as Mr. Chadwyck Healey suggests, may be " pen dust, the fine
sand always used before blotting paper came in." The forms pen-powder
and pen-dust used in this sense in 1581 and 1593 are noticed in Murray's
Dictionary.
6 Livery and seisin.
246 ^tar Chamber
deponent, as he saithe, that this deponent shulde not vex or sue
the same plaintiff towelling any lawfull estate made unto hym in
any landes by this deponentes mother.
Croke u, Bycombe.
VOL. XI, No. 45. DATE: 1546.
To the kyng our soueraygne lorde.
Most humbly shewyth unto your highnes your feythfull
subgiet and mynyster John Croke Controller of your Hanaper1
that wher it hath pleased your maiestie in consyderacion of one
certeyn some of money payde by the same John to your gracis
behofe to gyve and graunte unto the same John amonges other
thynges the manor of Crowcombe in the countye of Somerset
of late belongyng to the late priory of Studley in the county of
Oxford2 nowe dyssolued wyth viewe of francplege lete waife and
stray and all other liberties in like maner as the late priores and
covent of the saide late monasterie had had and enioyed the same
by vertu wherof the same John did enter into the same manor
and hath sythen the tyme of the date of your most gracious
letters patentes to hym made in that behalfe yerely accordyng
to your lawes used in this your realme of England kept ther lete
and vyewe of francplege in lyke maner and fourme as the late
priores and covent did tyme out of mynde of memorye of man
use ther to kepe hirtofore and hath enioyed without interrupcion
of any person all liberties dependyng uppon the seid lete and
viewe of francplege with wayfes and strays3 founde within the
same maner untell now of late that one Hugh Bykham
1 John Croke, controller of the Hanaper, had been made serjeant-at-law
in 1546 and master in Chancery in 1549. He obtained many grants of
church lands, including the site and lands of the Priory of Studley in Oxford.
He died in 1555. Diet. Nat. Biog.
2 This grant was made in 1540. L. and P. Hen. VIIL, xv, g. 282 (109).
The manor was then valued at £20 %s. I id. and a pound of pepper.
3 Waifs and strays had to be publicly proclaimed in churches and markets
near about. After a year and a day they became the property of the finder, if
not claimed. The right of impounding waifs and strays found in any manor
was usually the exclusive privilege of the lord of the manor.
Chamber CaScS. 247
gentylman beyng a freholder within the same maner1 without
colour or right hath not onely letted and dysturbed the same
John and his officer ther to take up such strayes as do chaunce
to come into the said maner but also doth take up hymselfe and
other by his commaundement and to his behofe dyuers strayes
wythin the same maner and the same doth deteyne within his
frehold contrarye to your most gracyous graunt to the same
John made in fourme aforsaid and the same Hugh not so con-
tented but of his cruell and perverse mynde and to thentent to
fatigat the same John and moleste his tenauntes of the said
maner hath now of late most uniustlye caused one Cristofor
Goodman beyng Hayward and officer to your said subgiet within
the same maner appoynted to take up and kepe accordyng to
your lawes all such strayes as shuld be founde within his said
maner to be of late yndicted of felonye for takyng up of one
straye shepe ther of the said Hughes which ymmedyatly the
same Christopher did marke for a straye wyth a wyth2 about his
necke accordyng to the custome of the Countre ther in lyke case
used supposyng that the same shepe was stollen by the seid
Christopher notwithstandyng the same shepe was delyuerd to
the seruauntes of the seid Bykham uppon their fyrst request in
that behalfe made to the great ynquyetnes of your seid subgiet
daunger3 of the said Christopher his officer and fear of all his
other tenauntes in the said maner to do their duties in accom-
plysshement of such laufull preceptes as is accustomed to be
1 This Hugh Biccombe could be more correctly described as the owner
of the reversion of the adjoining manor of Crowcombe Biccombe, which was
held by his mother for her life. The division of the manor of Crowcombe
dates from the I3th century, when Godfrey of Crowcombe, the then owner,
gave half the manor to the Benedictine Priory of Studley, (Cal. Pat, /?.,
1232-47, pp. 2, no; Cal. Chart. R., 1226-57, p. 54 ; Cal. Pat. A'., 1381-8,
p. 478) and this moiety was later known by the name of Crowcombe Studley.
The other half of the manor which Godfrey retained for himself passed in the
I4th century by the marriage of its heiress, Isolda de Crowcombe, to John
Biccombe. Inq. p. m., 23 Edw. III. (ist Nos.), No. 9. It subsequently
descended in the Biccombe family, coming to the Hugh Biccombe of this suit
on the death of his father, Richard Biccombe, in 1523. Inq. p. m., Ser. ii,
vol. 40, No. 49, and vol. 81, No. 188.
2 Wythe, says Cowell, is the same as waif. Here, however, it is evidently
some local method of marking a stray beast. Can it be that a "withy" was
twisted round the beast's neck to mark it as a stray ?
3 Sic. Supply " to the."
248 £>tar Chamber
gyven unto theym in the seid letes, in consyderacion wherof it
may therfor pleas your most benygne grace to graunt unto your
seid subgiet your gracyous wrytt of subpena to be dyrectcd unto
the said Hugh Bykham commaundyng hym by the same to
appere before your most honorable counsell at Westminster ther
to answer to the premysses and to abyde such order as shalbc
awarded by your highnes and your said gracis counsell in this
behalfe.
VOL. VI, No. 141.
The aunswer of Hugh Bycombe to the bille of complaynte
of John Croke.
The said defendaunt sayeth that the sayd bille of complaynt
is insufficient uncerten & untrue and the matter therin conteyned
fayned & imagined untruely to the1 putte the said defendaunt
dwelling farre from London to vexacion trouble & costes and yet
if the matter of the said bille were true as it is not it were
matter determinable att the comon law & not in this honorable
courte Neuertheles for declaration of the treuth for aunswer if he
be therto compelled sayeth that Jane bicombe mother to the said
defendant is seased of the maner of Cracombe bicom adionyng
to the maner of Cracombe Studleigh wherof the plaintif ys
ownor in her demeane as of frehold for terme of her lif the
reuercion respectaunt to the said defendant & to his heires and
that the said Jane and all other owners tenauntes and occupiers
of the sayd maner of Cracombe bycombe haue used tyme out
of mynde to haue common for ther bestes & catell in the waste
grounde of the said maner of Cracom Studleygh with the
tenantes & occupiers of the said maner as entre commoners2 one
with an other and the said defendant l^avyng a tenement with
certen landes therto in Cracom bycombe dyd putte certen catell
as shepe & other to fede & depastur uppon the said common as
well & laufull was for him so to doo And the said Cristopher
Goodman knowing the shepe & cattell of the said defendant to
be depasturing uppon the said common dyd wrongfully take one
1 Sic.
2 This refers to the practice of "intercommoning," which was the liberty
allowed to the tenants of one manor to let their beasts stray into a neighbour-
ing manor, though they must not be put there deliberately.
Chamber Cascg. 249
shepe of the said defendant in the said common and drave the
said shepe away thentent to conuerte hun to his own use and as
he was dryving away the said shepe ij of the seruauntes of the
said defendant dyd mete & encountre the said goodman
requiryng & demaundyng him why he dyd dryve & carie away
ther masters shepe and the said goodman denied it to be the
shepe of ther said master wheruppon they shewing ther masters
marke upon the said shepe toke the shepe from the said good-
man which takyng the said seruauntes supposed to be felony in
the said goodman declared to the greatte inquest at the cessions
that the said goodman hadd wrongfully taken away a shepe of
the said masters wher uppon the said goodman was by the said
inquest indited of felony without that the said shepe was marked
with a wyth like a straier to the knowlege of this defendant
and without that the said defendant hath or doth claym to have
any estrayers within the said maner of Cracom and without that
the said defendant or any other by his commaundment hath
taken uppe any straiers within the said maner or doth detayn or
kepe in his frehold or custodie any such estraier or that the said
shepe or any other catell of the said defendant was or could
laufully be taken in estraier uppon the said waste grounde or
common and without that the said defendant hath moost
inioustely caused the said goodman to be indited of felony for
taking of the said shepe other wise then is befor mencioned &
declared by euidence geven by his seruantes and without that
any other thing in the said bill being materiall & not answered
is true all which maters the said defendant is ready to prove.
VOL. IX, Nos. 222-225.
Examination of witnesses made II October 38 [Henry
VIII.]1 on the behalf John Croke against Hugh
Byckam.
Nicholas Gade of Crawcombe, co. Somerset, yeoman, of thage
of liij yeres, sworne etc.
Saithe that John Croke hathe of righte all waifes and strayes
within the manor of Crawcombe, and hathe so had and taken
the same by all the tyme that he hath enjoyed the said manor ;
and before hym the late prioresse and convent of Studley and
1 1546-
2 K
250 J!?tar Cfjamftfr
her predecessors, to whome the same manor then did belong,
dyd lykewise take all suche waifes and strayes ; and this
deponent never knewe or herde to the contrarye before this
present strife.
He never knewe that the same Hughe Byckam or any of his
auncestors dyd ever kepe any lawe daye in theyre name within
the same towne and manor of Crawcombe, or ever hade or toke
any wayfe or straye ther.
The tenant of the same Hughe, by his commandement, toke
a shepe of this deponentes pasturing upon the comon, and sayde
he toke it for a straye shepe, wiche this deponent denyed to be
any straye, and sayde the same was stolen from this deponent
by the said Bykam his tenant ; and so about halfe yere after the
same shepe was redelyvered unto this deponent by the sayde
Byckam his tenant at the commandement of Mr. Wyndom,1
Justice there.
He saithe that oone John Prior deposyd upon an othe before
this deponent and other of the jury at a courte holden there that
the same Hughe Byckam and other by his assignement had
sherid two of the saide John Priors shepe wiche he had taken up
on the comon there. And also this deponent herde Sir George
Geffrey priest say that he carryed home to Mr. Doddington2 ij
flestes of woll by the commandement of the saide Byckam, wiche
the saide Byckam had causyd to be shorne of the shepe of the
sayde Doddyngtons.
He saithe that trew yt is that the same Byckam procured
Christopher Goodman, tenant to the plaintiff, to be indyted for
takinge up of a straye shepe wiche this deponent knewe to be
marked for a straye shepe.
He hath herde that the defendant hath taken up sondry
shepe, and cut of theyre eare marke and sett on his owne
marke.
He knoweth that the defendant hath loppid and cutt an
elmen tree standinge upon the highe waye belonginge to the
said plaintiff, and hath also fellyd two trees of oon Thomas
1 John Wyndham, of Orchard, was a justice of the peace at this date.
2 This was Richard or John Dodington, who owned the manor of
Dodington about this time. See Somers. and Dors. N. and Q., iv, 291, 337,
v, 18, 59, 134 ; Collinson, iii, 518.
Cljmtuur Catftg. 251
Larkham, tenant to the plaintiff, whome upon comunicating of
the felling therof the same Byckam did ywell intreate and put
hym in jeopardye of his life.
Thomas Larkam of Crawcombe aforesaid, husbandman, of
thage of lij yeres, sworne etc.
Saith [as Gade has said, and] that he was one of the jury
with the said Nicholas Gade, and herde John Prior give evydence
as above is said. The defendant felly d two trees of this
deponent's, wherupon this deponent resorted to hym and
comonyd with hym therin, and he therupon beate this deponent
and brake his hedde.
Christopher Goodman of Crawcombe aforesaide, husband-
man, of thage of xl yeres, sworne etc.
Saith [as the other witnesses have said, and that] he sawe a
shepe of John Prior, wiche was marked with a blake yron in the
syde being Mr. Byckam's marke and the eare of the same shepe
where the same Priors marke was clipped of.
Browne u. Richeman and others.
VOL. VI, Nos. 215-216. DATE: 1546.
To the honorable lordes of the kinges most honorable councell.
Humbly shewen unto your honorable lordshippes Humfry
Browne knyght1 and James Hales the kynges seriant at lawe2
justices of assise in the countye of Somerset that wher at the
gaole delyuery holden at Ilchester in the same county the third
day of August in the xxxviijth yere of the reigne of our
soueraigne lord the kyng3 their was gyven in evydence to
Thomas Rycheman4 Jeffrey Segnens Thomas Gary Richard
1 Sir Humphrey Brown, kt, was sheriff of Somerset in 1545. Collinson,
op. tit., i, xxxvii.
2 James Hales of Gray's Inn became serjeant-at-law in 1540, king's
serjeant in 1544, K.B. in 1547, and judge of the Court of Common
Pleas in 1549. He became prominent among the Reformers in the reign of
Edward VI., and was imprisoned in the reign of Mary. He finally drowned
himself. Diet. Nat. Biog.
3 1546.
. 4 The will of Thomas Richeman of Babington, proved in 1551, is
vindictive in character. He left to his son John his " worst draughte oxen.''
Medieval Wills, S.R.S., xxi, 121.
Chamber
Baker John Thomas John Taylor Thomas Treherne John Roo
Robert Chauncellar William Gover John Brownyng and John
Durborough sworn before the seid Justices uppon the Euangelist
to try whether John Wynscotte alias Aysshe late of Enmore in
the same county tailor were gylty of the brekyng of the house
of John Boldeye the younger at Spaxton in the said county
burgularly in the xviijth day of May in the xxxviijth yere
aboueseid about the houres of x of the nyght of the same day
and of the felonous takyng and caryng away of one purse and
of xxs sterlyng in money two rynges of syluer to the value of
\\\}d. and .a sygnet of syluer price \}d. beyng in the same purse
by the seid John Boldy John Bowe and John Leve uppon their
othes that the seid John Wynscott about tenne of the clok in the
nyght the seid xviijth day of May with a countfett key dyd open
the dore of the house of the seid John Boldy in Spaxton aforeseid
and felonously dyd enter in to the same house and brake open
a chest of the same John Boldy in his chamber and their dyd
take a purse of the seid John Boldy with xx.? of money ij rynges
and a sygnet of the seid John Boldy and dyd lok the dores to
hym and that sone after the said John Boldy cam to his seid
house and fyndyng his dore locked opened it with his owen key
and went in without lyght not mystrustyng any thyng and when
he cam in to his chaumber he found one lying uppon his bed
and therwith abasshed went forthe ageyn for company and called
Symon logg tythyngman there John Bowe Jeffrey Segnens and
John leve with dyuers other and they cam togeder in to the seid
house and found the seid John Wynscott lying uppon the seid
bedd slepyng who awaked hym and examyned hym of his
comyng thether wherunto the seid John Wynscott made litle
answer in effect then seid John Boldy takyng with hym the seid
John Bowe and Jeffrey Segnens to serche if any thyng were
lakyng and among other places lokyng in his chest myssed his
purse and the seid xx.y and the seid rynges and sygnett and also
one Mighell Mallett esquyer one of the Justices of peace of the
same county gave like wise in evydence to the seid Jury that the
seid John Boldy with iiij or v other honest men beyng inhabi-
tances nere by the place wrier the same robbery was comytted
cam and declared unto hym that the seid John boldy the seid
day and tyme cam to his seid house at Spaxton aforeseid &
Cljambtr Cartel. 253
unlocked the dore of the same house and entred in to the same
house without any candle light or any other lyght and comyng
to his bed in his chamber felt with his hand one lying uppon the
same bed wherwith beyng astoned and afrayed went forthe
secretly out of his house ageyn and declared it to v or vj of his
neyghbours and desired them to goo to his house and to see
who it was that was their lying and theruppon the same his
neyghbours went to the same house and there found the same
John Wynscott lying upon the same bed slepyng and then and
ther they toke hym & demaunded of hym what he myndcd to
doo their wherunto he made no direct ansuer And then the seid
boldy found his cofer broken open and his purse with xxs of
money sterlyng ij rynges and a sygnet in the same purse con-
teyned taken away out of the same coofer & declared it to his
seid neyghbors wheruppon they arested hym for suspeccion of
the same felony and ledd hym to an other place in the same
village of Spaxton aforeseid and they in a house kept hym and
then dyd send for Humfry Blake counstable of the same hundred
to the intent that he should better examyn the seid matter and
furder they seid that before the seid counstable cam to them that
the seid John Wynscott procured one Anthony Frenche to
convey away certen money from hym who refused that to doo
declaryng unto them that if he shuld convey away any of the
same money from hym that then therby he shuld be in as evyll
case as the seid Wynscott was and then the seid Wynscott
desired the seid Anthony Frenche that if he wold not convey
a way the same money from hym that then he wold goo to one
Water Credelond and desire hym to com to hym wheruppon he
went and desired the same Credelond to com to the seid
Wynscott declaryng to hym were the seid Wynscott was and
what case he was in wheruppon the same Credelond beyng then
in his bedd about ij of the clok of the seyd nyght dyd ryse out
of his bedd and cam to the seid Wynscott and there commoned
with him secretly bytwene them two but wherof their comuny-
cacon was they could not tell and after that in the next mornyng
about vij of the clok the seid counstable cam to them and then
and their the same counstable examyned the same Wynscott of
the seid felony and serched what money he had about hym and
found about hym about ij.f iiij^f and not aboue wheruppon they
254 Star Ctyamfctr
that had kept hym all the nyght before perceivyng that he had
ben often tymys that same nyght resortyng about certen peaces
of tymber whiche dyd lye in the same house wher he was kept
that nyght past mystrustyd and supposed that he had hyd the
same purse & money with the other thynges in the same purse
conteyned amonges the seid tymber for they knewe that he had
moche more money that nyght before the whiche he wold haue
had conveyd from hym by the seid Anthony Frenche and so
they declared to the seid counstable wheruppon they serched
the seid peces of tymber and their found the seid purse and the
seid ij rynges and the seid sygnett therin conteyned but their
was no money in the purse wheruppon they suspected that the
seid Walter Credelond had conveyed away the seid money from
hym and uppon that suspect the seid counstable examyned the
seid Wynscott furder of the seid felony and demaunded of hym
where the seid xx.? of money was whiche was in the purse at
the tyme of the seid felony comytted and theruppon the seid
Wynscott ansured confessyng the seid felony that he had
delyuered the seid xxs to the seid Walter Credelond wher uppon
the seid constable examyned the seid Credelond and demaunded
to haue the seid xx.y to restore the same to the said John Boldey
and theruppon the seid Credelond denyed the resceyt and
havyng of the seid xx.f but then and their the seid counstable
spake to the seid Wynscott to fynd some mean that the seid
Boldey mought be restored to his money ageyn to that entent
that their mought ensewe from thensforth the lesse trouble
therin wher uppon the seid John Boldey requyred the seid
Water Credelond to help hym at whose request the seid
Credelond graunted that forasmoche as he the same Water had
no money that yf any man wold be contentyd to ley out so
myche money for the same purpose that he wold be contentyd
to see hym satisfyed therof ageyn wheruppon one of the seid
Walter Credelond is frendes dyd delyuer unto the seid counstable
xxs uppon declaracion of whiche matter the seid Michaell
Mallett1 sent for the seid counstable and for the seid Anthony
1 Michael Mallet was probably a younger son of the family of Malet of
Enmore, the lord of Enmore at this date being Richard Mallet, who died
in 1551.
Cijamfcer Casest. 255
Frenche and also fir the seid Walter Credelond and examyned
first the seid counstable of all the premysses which be here before
expressed touchyng his knowlege all whiche premysses he
confessed to be true and after that he the seid Mighell Mallet
examyned the seid Anthony Frenche of all the premysses
whiche be here before declared concernyng his knowlege whiche
all he the same Anthony confessed to be true wheruppon he the
same Mighell toke a recognysaunce of the seid Walter Credelond
wherin he and other two as suerties for hym stode bound to the
kyng our souereign lord for the personal! apperance of the seid
Walter at the next assises then folovvyng then and their to be
redy to ansure to the premysses And also their was gyven in
evydence to the seid Jury likewise sworn to try whether that
Andrewe Mauncell late of netherstowe in the county of Somerset
laborer were gylty of the felonyus takyng and ledyng away of
one mare colour bay price of xxvj.? viijW of the goods and
catalles of Johanne Bennett, wydowe from laurence lyddyard in
the seid county in the first day of May the same yere and
whether the same Andrewe were gylty of folonyus takyng and
dryvyng away of ij kyne color red price the polle xxj of the
goodes and catalles of John Crosse1 from Bromfyld in the seid
countie the ix day of June the same yere by Robert Hill baylif
of the liberties of my lord Bishop of Wynchester that the seid
Andrewe dyd folonyusly steale the seid kyen and dyd dryve the
same from Bromfeld aforeseid to Kyngeston within the seid
libertye and dyd put the seid kyen in to the close of Richard
Bowlt in Kyngeston aforeseid and wentymmedyatly to Taunton
to John Colforth bocher who cam with hym to Kyngeston to
thentent to haue bargayned for the same two kyen and so sone
as the seid John Colforth sawe the same ij kyen he knewe them
to be the seid John Crosse his neyghbour and theruppon caused
the seid Androwe to be attached at Kyngeston aforeseid with
. . . and also with one bay mare whiche mare the seid
Andrewe Mauncell had stolen at laurence lydyard in the seid
county long before the same tyme the stealyng of whiche ij
. . . mare the seid Andrewe confessed before the seid
1 His descendants later became lords of part of the manor of Broomfield.
V.C.H., MSS.
256 Jto Chamber
Robert Hill John Colforth and John Long with others then
present at Kyngeston aforeseid and forasmoche as the owners
dyd put in suerty . . . Andrewe Maunsell accordyng to
the lawe they had their goodes to them delyuered ageyn whiche
evydence so gyven to the seid Jury notwithstondyng yet the
same Jury dyd find the seid John Wynscott and Andrewe
Maunsell not gylty of the seid felonyes to the evyll example of
other persons wherfore they prayen your lordshippes order
concernyng the premysses.
[Endorsed] : — xva Hift.
Thanswer of Thomas Rycheman Geffrey Segnence John
Thomas Thomas Treherne John Roo Robert Chaun-
cellor Rychard Baker and John Durboroughe to the
byll of complaynt exhybyted ayenst them by the ryght
worshypfull Syr Humfrey Browne knyght and James
Hales the kynge Seriaunte at lawe Justyces of assyse
in the county of Somerset.
The seyd defendauntes sayen euery of them sayeth as ...
touchyng thacquytall of the seyd John Wynscote ats Asshe
named in the seyd byll of complaynte that where as John Boldey
John Bowe and John Leave gave evydence precysely as of ther
owne knowlege that John Wynscote ats Asshe wyth a counter-
feit key dyd open the dore of Boleys house at Spaxton and dyd
felonyously breke the chest of the seyd Boldey and take his
purse with xx.? of money ij rynges and a sygnett and dyd then
loke the dore ayeyn to hym and that sone after Boldey came to
his seyd house and fyndyng hys seyd dore fast lockyd openyd
yt wyth his owne key and went in wythout lyght not mys-
trustyng any thyng and that he found oon opon his bedd
wherwyth he was abasshed and went furthe ayeyn for compeny
and called Symon Legge tythyngman there John Bowe Geffrey
Segnens and John Leve to the whiche evydence gyuen by the
seyd John Boldey they sayen . . . they gave no grete
creditt forasmoche as Geffrey Segnence and Wylliam Cover
two of the seyd jury knewe of trothe and enformed the resydew
of the jury that there was variance bytwen the seyd John
Wynscote alias asshe and the seyd John Boldey apon that
£>tar Chamber Catfes. 257
Boldey had goten the seid house wherin he then dwellyd out of
the handes of John Wynscote whiche lately before dwellyd in
the same house and to thevydence gyuen by the seyd John
Bowe and John leve they sayen therunto that the seyd Bowe
and leave could not by any reason haue knowlege of the same
mattir onles they had byn present at the seyd doynges and yf
they had ben present there as they were not where they seyed that
Boldey at hys fyrst entrance [into] the seid house mystrustyng
nothyng and after fyndyng oon apon his bed was abasshed in
these two poyntz they toke apon them more knolege then yt
was possyble that they could haue and yt aperyd by theyr
owne evydence that nyether of them knew eny thyng in the seid
matter untyll they were callyd by the tythyngman which
tythyngman callyd not the seyd leve untyll along space after
that he the seyd tythyngman the seyd Geffrey Segnence
Wylliam Gover & John Bowe came thyther and had serchyd
the sayd Wynscote ais Asshe and then the seyd tythyngman dyd
fetche the seyd John leve and not before but the seyd Segnence
and Wylliam Gover were there . . . John Bowe and . . .
and knewe as moche of theyr owne knowlege as Bowe and Leve
dyd & also knewe very well that the seid Bowe & Leve dyd
speke moche more in theyr euydence then they knewe wherfor
they beyng sworne apon the seyd acquytall dyd ther instructe
theyr seyd fellowes wherfore they gave little credyte to yt and
also the seyd Segnence & Gover nowe defendauntes beyng
sworne apon the seyd acquytall knew the seyd Wynscote
accustomyd to be dronke which mater they declared to their
seyd fellowes and that the seyd Wynscote was contynually
taken for a true man and where also Mayster Mallett gaue in
euydence that the seyd Boldey & iiij or v of his neyghbors
declared to hym that the seyd Boldey the same night cam to
hys seyd house and unlockyd the dore of the seyd house and
entred into the same wythout any lyght & comyng to hys bed
felt oon lying uppon the seyd bed, and that he was therwith
astonyed, and called fyve or syxe of his neyghbors and desyred
them to goo with hym and se who yt was, they sayen that the
seyd neyghbors knew not the same but by Boldeis report, for
they confessed that they were not then present. Wherfore they
estemyd the seyd evydence not to be of any efficacye. And
2 L
258 &tar Cijmnbn-
further wher the seyd Mallett dyd gyve in evydence that the
seyd Boldey and his seyd neyghbors declared to hym that they
found the seyd Wynscote liyng slepyng apon the seyd bed, and
that the seyd Boldey found his coyffer broken in and his seyd
purse with xxj. of money two ringes and a signett in the same
purse taken awey out of the same coffer, and declared yt to his
seyd neyghbors, and that they therapon arestyd hym of sus-
peccion of the same felonye, they sey that the seyd Segnence
and Cover knewe asmoche therin as the seyd Boldey or any
other dyd, as hereafter ys more playnly declared ; and also there
was none of the seyd persons sworen apon theyr sayinges.
Wherfore they dyd not credyte the same evydence, but leyned
more to their owne knowlege. And where the seyd informers
sayid that the seyd Wynscote procured Anthony French to
convey awey certen money from hym bycause the seyd French
came to them uncalled by the seid Tythingmen they in their
consciences do thynke that the matter was conspired bytwene
hym and the seyd Boldey to trowble the seyd Wynscote for
dyspleasure, and that yf the seyd Wynscote had desyred Frenche
to convey the money from hym, they thynke Frenche wolde
have made the seyd Tythingmen and the resydue pryvey to yt
immedyatly, so that the money myght have been found apon
the seyd Wynscote ; and because he dyd not so they belyved
that yt was but a feyned tale. And where the seyd Maister
Mallett dyd gyve in evydence upon the reporte of the seyd
constable that the seyd Wynscote had confessed to hym that he
had the seyd money, the seyd Geffrey Segnence and his com-
peny could gyve no creditt therto, for that that the seyd constable
was present at the assyse, and gave not the evydence hymself,
and also the seyd constable had told the seyd Segnence a lyttle
before thassisez that Wynscote never confessed to hym the
takyng of the seyd money, but he sayed he dyd threten to send
hym to the gaole onles the money were delyveryd ageyn, and
also sayed yf it were restored then there schold be no ferther
trouble aboute yt, and therafter by thadvertisement of the seyd
constable he sayed he wold gyve him so moche money rather
than suffer further trouble therin. And also the seyd Geffrey
Segnence and William Gover of the seyd jury enformed the
resydue of theyr seyd compeny of the jury of all the matterz,
J*>tar (ftfyamfetr CaSeg. 259
and of all that they knewe to be true concernyng the seyd
matter, which they knewe of theyr owne knolege asmoche as all
the resydue dyd, savyng only in that that the seyd Boldey hymself
dyd, which Boldey came to the Tythyngman of Spaxton the
seyd nyght about x of the cloke, and sayd that ther was oon in hys
house, and desyred hym to reyse the neyghbors, and se who yt
was; wherapon he reysed the seyd Geffrey Segnens, William
Cover and John Bowe, and went to the seyd house, and there
found the seyd John Wynscote slepyng apon the seyd Boldeys
bed, and then pulled hym and styred hym, and with that he
sate up, staryng aboute the house, and he was so dronke that
they could not gett a redy answer in half an houre of hym, and
then he axed of them where he was, and then they axed hym
how he cam in to the seyd house, and he sayd with the key of
the church howse of Enmer ; at the last he rose from the bed,
and wold have gon furth, and then Boldey sayed I praye you
staye hym untyll I maye serche whether I lacke any thyng or
not. And then wythin a lyttle whyle he sayed that he lackyd
his purs [etc.], and then the tythyngman and the compeny
serched hym and stryppyd hym, but they could fynd nothyng
apon hym, nor he wolde not confess to them that he had the
purse nor money. Wherapon they consideryng the case they
found hym in, and that they could not fynd any thyng apon
hym at the seyd serche, for which causes and for that that the
seyd Segnence and Gover knew the seyd Wynscote to be accus-
tomed to be dronke and yet taken contynually as a true man,
and that he dyd there remayne and slepe, they could not fynde
in theyre conscyence that the seyd Wynscote had that money.
All which consideracion beyng leyd to the resydue of the seyd
jury by the seyd Segnence and Gover, and for that that Master
Halswell, Justyce of Peace there,1 gave evydence apon his othe
touchyng the seyng of the seyd John Zely and Symon Legge
by hym examyned, which was that they came with the seyd
tythyngman [as is abovesaid], and also for that that the seyd
evydence of the seyd Mallett was but by report of the seyd
constable and others as is aforeseyd, not sworen, and some of
1 This was probably the Nicholas Halswell who held the neighbouring
manor of Halswell in the parish of Goathurst at this date, and died in 1564.
Inq. p. m., ser. ii, vol. 141, No. 15.
260 J*>tar Cijamfctr
them were present at the assysez and give not the seyd evydence
themselfes, the seyd defendantes thought in theyr conscyence
that the matter was . . . apon malyce, and therapon dyd
acquyte the seyd Wynscote of the seyd felony.
And as to thacquytall of the seyd Andrew Maunsell they
sayen that forasmoche as nother the seyd Johan Benett, who
was allegyd owner of the seyd mare supposed to be stolen by
the said Maunsell, ne any person for her ne in her name, gave
any evydence to the seid jury, ne also the seyd John Crosse,
who was allegyd to be owner of the seyd two kyen supposed
lykewise to be stolen by the seyd Maunsell, nor any person for
hym ne in his name, gave any evydence to the seyd jury therof,
ne no man els but oonly a straunger, whiche dyd gyve no
profett1 evydence, but suche as rather semyd to the seyd jury to
procede of malyce then of truthe, for that yt was apon the
reporte of other and not apon his owne knowlege, wherfore the
defendauntes could do no otherwise by theyr conscyence but
acquyte the seyd Maunsell of the seyd felonyes, without that
that [etc. etc.].
Bradley u. Eyssham.
HENRY VIII., VOL. VI, No. 2. DATE: AFTER 1546.
To the Kynge oure soveraigne lorde.
Moost humbly besechyng sheweth unto your mooste excel-
lent highnes your poore subjecte and daily oratour Robert
Bradley of Bathford in the countie of Somerset husbondman
That where the Priour and Covent of the late dissolved house or
monasterye of Bathe in the said countie by there indentour
under there Convent or Common Scale dimyssed and to ferm
dyd lette unto oon Thomas Bradley, father to your said poore
oratour, now deceased, and to the said Robert and Margery e his
wyfe, all that there ferm of the manor of Bathford2 with divers
howses and edifyenges therupon bulded, and all the londes
medowes, lesures and pastures, to the same ferm belongyng to-
».Sfe.
2 The manor of Ford had belonged to Bath Priory since the Conquest.
V.C.H. Somers., i ; Feud. Aids., iv, 329. See also Bath Chartulary
(S.R.S., p. Ixxiii) for a note of this lease from Prior Holwell's Register.
Chamber Cages!. 26i
gither with comyn and other thappurtenances and the personage
of Batheford aforsaid, as by the said indentour beryng date the
xvth day of Marche in the xxixth yere of youre mooste gracious
reigne1 [sic], Excepte certen thinges as in the same indentur
ben excepted and reserved. To have and to hold the ferm of
the said manor to the said Thomas, Robert and Margery his
wyfe, for term of there lyves successively and to the longest liver
of theym, paying therfore yearlie duryng the said term to the said
Priour and Convent and to their successours xl quarters of cleane
wheate and Ix quarters of cleane barlye at certen feastes and
termes in the yeare to be deliverd as also by the said indentour
may appere ; by force wherof your said poore oratour hath and
yett doth occupye and enjoy the said premisses, the reversion of
all whiche said premysses is now in your Majestic in fee by
reason of the said dissolution. And at the tyme of the dissolu-
tion of the said monasterye and after that your Majesties
surveyours appoynted by your highnes surveyed and vewed all
the said premisses amongest other, and saw the indentour pur-
portyng the lease made of the said premysses to your said poore
oratour and others and certen grayn reserved upon the said
indentour and no yearly rent upon the sight of whiche saide
indentour the said surveyours did rate and value and also
chaunge the said grayne into a certen some of money that is to
saye xviij/z. xiijj. \\\]d. whiche was after the rate and price of
every bushell of wheate v\\]d. and of every bushell of barlye
iiijW. And soo charged your said poore oratour to paye unto
your highnes Receyvours the said xviij//. xiijj. iiij^ in the
lewe of the said grayn, whiche your oratour payde unto your
Majestic accordingly by the space of ij yeares or there about untill
foure or fyve yeares passed that oon Sir Henry Knevet Knyght2
obtayned a leasse of your Majestic for xxj yeares owte of your
Graces courte of the Augmentations of the Revennous of your
Crowne, allegyng that your oratour dyd and shuld paie to your
Grace the said xl quarters of wheate and Ix quarters of barlye.3
1 1538-
2 This was Sir Henry Knyvet or Knevet of Charlton (Wilts). He
married Mary Sydenham. Chadwyck Healey, op. tit., 312.
3 This change was probably made owing to , the general rise in
prices. Sir Henry found that the grain was worth much more than the
262 £>tar Chamber Cases.
And after that the said Sir Henry Knevet by William Eyssham
his deputie requyred the grain of your said oratour, which he
refused to paye. Upon which refusall the said Sir Henry
Knevet by the sinstre meanes and laybours of the said William
Eyssham procured that your said poore oratour was called by
pryvye scale before your Chancellour of your said Courte of
Augmentations. And upon examination of the mater your
oratour was comitted to ward in to the Flete, and there
remayned by the space of vij weakes untill suche tyme as your
oratour was bounden by obligation and two other of his frendes
with hym to Henry Eyssham, every of them in the some of oon
hundreth markes sterling, and your said oratour in the hoole,
as well to pay yearly the said grayn from that tyme forwardes
duryng the said terme of xxj yeares to the said Henry Eyssham
and to his assignes, whoo hade then the hoole ryght and title of
the said Sir Henry Knevet in the said terme, as also xxx/z.
sterling for thadvantage or gayne of every busshell of the said
wheate above the said price of v\\]d. a busshell and above the
price of \\\]d. for every busshell of the said barlye, if the said
Henry Eyssham shuld have sold the said grayn after the comen
price of the markett. Ever sens whiche said bonde your oratour
hath paide the said grayn unto the said Henry Eyssham, excepte
the laste yeare paste that your oratour paide hym not xxix
quarters of wheate, for asmoch as the said Henry Eyssham paid
not your Highnes rent for that halfe yere, whiche was ix/z'. vjs.
viij^., for the which some the said Henry Eyssham caused your
oratour eftsones to be called before the said Chauncelour and
wold have compelled hym to have paide the said some of ix/z'.
vjs. viijd., which was the said Henry Eysshams dutie to paye ;
but your oratour offered thereto pay the saide corne, soo that he
myght be discharged of your Graces rent of ix/. vjs. viij^., and
from thensforth of the said xviij/. xiijs. n\]d. duryng the said
terme of xxj yeares. And that to doo the said Henry Eyssham
refused and yett doth. And for that your oratour yett deteyneth
not oonely the said xxix quarters of wheate but also other grayn
price at which it had been commuted, viz., ^s. $d. and 2s. per quarter.
Wheat which in 1539 sold for $s. %d. rose to i8s. 6d. in 1546 (a year of great
scarcity), while barley rose from 5-y. &,d. to 9-r. per quarter. The Court of
Augmentations apparently decided that the loss sustained by Sir Henry
Knevet, owing to this commutation, should be made good by the plaintiff.
Chamber CatfeS. 263
ever sithens for lyke non payment of your Graces said yerely
rent, willing allweyes and offerynge himselfe to pay all the said
grayn, if he myght be discharged of the said rent. And that
notwithstanding the said Henry Eyssham in the terme of Saynt
Myghell Tharchaungell in the xxxvijth yere of your reign pro-
cured an other pryvye scale ageynst your oratour and other his
frendes owt of your Graces said Courte of Augmentations by
force wherof they personally appered and put in their sufficient
aunswer in the law. And therupon your oratours sureties
departed, and your oratour here in his own person gave his
attendaunce of the said mater all the said terme to have hade the
determination and ordre of the said suite. Nevertheles nothing
therein further was doone, albeit your said oratour made divers
sutes unto your said Highnes Courte, wher as he yett can have
no redresse. And after that the said Henry Eyssham in thend
of the said terme in London brought an action of dette upon
the said obligation of cc markes ageynst your oratour and his
said surties bounde with him, wherunto your oratour [pleaded]
that itt was not his dede, and if itt were founde to be his dede
then he prayed that the Jurye myght inquire of the dette accord-
ing to the custom of London.1 And therupon the parties were at
issue, and the jurye somoned, appeared tried and sworn, after
evidence gevyn unto them on both partes, were at the barre redy
to make there verdicte, and the pleyntyfe was demaunded and
was nonsute. And not oonly this but immediatly hath caused
all the goodes, corne and catalles of the said oratour by com-
maundement of the said Courte to be stayed, by force wherof
your said poore oratour can take ne have anny parte or parcell
of his own grayn to sell or for his own necessary expenses, or
any of his said catall. And not oonly that, moost gracious lord,
but also your said oratour, being in your Graces prisonne of the
Flete for the causes above expressed and noon other, the said
Henry Eyssham hath of late with force and armes entred in and
upon the said ferme and personage, and taken into his own
handes all the goodes and catalles of your said poore oratoure,
and theym perceyveth keapeth and occupieth as his own, moost
1 The body of commercial law, known as the custom of London,
obtained over the whole of the south-west of England, being transmitted
through Bristol and Winchester. Cunningham, op. tit., i, 224.
264 &tar Chamber Cases.
cruelly expulsing your oratours poore wife, childern and familye,
contrary to all right and good conscience to the extreme and
utter undoyng and empoverisshyng of your said poore oratour and
of his familye forever, ooneles your Highnes favour be shewed unto
hym graciously in this behalve. It may therefore please your
moost excellent highnes of your moost habundaunt and acust-
amed goodnes, all the said premisses tendrely considered, that
your said poore oratour may be accordyng to equitie and justice
either discharged of the said yearly rent of xviij/. xiijs. iiijW. or
elles of the said grayn ageynst the said Eyssham. And this to
doo at the reverence of Gode and in the way of charitie. And
your humble besecher aforesaid according to his bounden dutie
shall duryng his naturall lyfe daily pray to God for the preser-
vation of your moost royall estate longe to endure.
Cappis u. Cappis.
VOL. VIII, No. 103. DATE : BEFORE 1548.
To the kyng oure soueragne lord.
In most humble wyse compleynyth to your highnes your
dayly oratrix & poure bedwoman Philippe Cappis, wydowe late
wyff of James Cappys Esquyer decessed1 That where John
Rowe sergeaunt at the lawe & other were & yet be seased of &
yn six mesuages and ccccc acres of londe lying in Est
whitfilde & West Whitfilde2 yn your countie of Somerset yn ther
demeane as offee to thuse of your seid Oratrix for terme of hur lieff
as for hur joynture to her by her seid late husbond willid & put
in suertie whiche londes & tenementes syns the decesse of her
seid husbonde your seid oratrix hathe peseably hadde usid &
occupied by sufferauns of the seid John Rowe & other accordyng
to the seid late husbondes wille & suertie made So hit is most
1 They unfortunately have not been identified. In the reign of Edward IV.
Robert Cappis had held the manor of Stowell als Stavvel in right of his wife
Elizabeth, the widow of Sir John Hody. He presented to the church of
Stowell in right of his wife between 1452 and 1469. Weaver, Somerset
Incumbents, p. 191 ; Collinson, ii, 379. It may be suggested that James
Cappis, whose widow Philippa was plaintiff in this suit, was his descendant.
2 In Wiveliscombe.
Cljambrr Case*!. 265
dredde souerayne lorde that one Robert Cappis one of the sonnes
of the seid James beyng a person of most ragyous & wilfull
condicion nothyng dredyng the ponyschement of your lawes as
concernyng his wilfull & ragious actes wrongfully forceably & yn
riotus maner accompanyd with thre like ragious & riotus
persons apparalid with wepyns of warre defencyble & the names
of whom the one is callid William a Wode the elder another of
them called William a Wode the yongger & the thridde commyng
with a vysar by cause he woulde not be knowyn apon the fest of
seynt Luke last past came yn to the towne of Wylscombe yn
your seid countie & percevyng that your oratrix was at dyner
within an honest man is house within the seid towne came yn to
the seid house where your seid oratrix was at dyner and seyng
her there sodenly plucked out his swerde havyng these wordes to
her as hereafter folowith that is to wete a thow stepdame by
goddes blodde y care not thought y thrust my swerde thorowe
the and he intendyng so to haue don yn most egar maner one of
his seid riotus company beyng somewhate better aduysid pluckid
hym abacke sayng to hym thes wordes Master Cappis be ware
whate ye do kylle her not and ferthermore before the seid riotus
persons comyng yn to the seid house ye seid oratrix hadde with
her yn the seid house one of her sonnes callid Sir Roger Cappis
beyng a prest brother to the seid Robert Cappis whiche Roger
shortly percevyng the soden comyng of the seid riotus persons
unto whom the seid Robert hadde a longe tyme borne his dedly
malice for no other queroll but for assistaunce & defence of his
seid mothers laufull quarell & title yn the premysses and
dredyng the daunger of his lyff or bodely hurte sodenly to be to
hym don by the seid riotus persons conveyed hymself & avoydid
from ther presens before ther seid comyng yn at a backe syde
of the seid house & so departid owte of ther daunger after whose
departyng & after the seyd ragious demeanor of the seid Robert
to your oratrix as is aforesaid (the seid Robert demaundid by
thes wordes folowyng) Where is that hore is sonne the prest yf
y hadde hym y wolde hew hym yn smale gobettes to sell hym
at the market or y went and this don the seid riotus persons
departid levyng your seid oratrix yn suche drede & agonye that
she was & hath byn syns yn perell of her body & lyeff and euer
shall be the wors whyle she lyveth yet the seid malefactours not
2 M
266 Jztar Chamber
contentid with ther seid ragious demeanour percevyng your
oratrix to be from home yn leke ragious & riotus demeanour
incontynent entered yn to the seid landes & thare toke & drove
away a kow yn the name of an heryot seyng there & puplysyng
hym selff to be very lord & heire of the same landes and yn leke
maner he hath usid hym selff apon the premyssis dyuers tymes
before this and hath recevid with manysyng & threttyng of your
oratrix poure tenauntes of the seid premyssis dyuers somes of
money of the rentes of right belongyng to your oratrix the seid
Robert Cappis havyng no maner of colour of title to the
premyssis nother as heyre to the same nor other wise whiche is
not only grete drede as well to hur person but also of the
vexacion for hur seid poure tenauntes & daunger of ther lyvys
and by occasion whereof sche is yn suche a confusyon what for
lacke of receyte of the profittes of the seid londs which is hur
hole levyng and whate for the wylde & furyous rage of the seid
Robert & his adherentes that she beyng a woman yn extreme age
& impotent & can not without extreme charges defende hur self
knowith not whate to do without the mercyfull socour of your
most gracious highnes yn suche case requysite to be admynystred
to poure impotent & socourlese wydowys wherefore may hit
please your highnes of your most habundant grace to graunte
to your seid suppliaunt your gracious writtes of subpena to be
directid to the seid Robert & other the seid Riotus persons with
hym before namyd commaundyng them by vertue of the same
to appere before youre highnes & your most honorable counsell
yn your hye court of Sterre Chamber ther to aunswer to the
premyssis and ferther commaundyng the seid Robert by eny of
the seid writtes to hym to be delyuered by way of Iniunccion to
avoyde his possession of the premyssis & to suffer your seid
oratrix yn the meane tyme peseably to occupie the same tyll
suche tyme as the title yn the premyssis be tried before your
seid honorable counsell.
[Signed : — ] John jlowe.
Endorsed': — coram dno R et cone suo apud Westm in quin-
dena sci Hillarij px futur.
Chamber CaSeS. 267
Cappis u. Stowell.
VOL. VI, Nos. 104-106. DATE: BEFORE 1548.
To the kyng our soueraigne lorde.
In most humbly wise schewith & complaynyth unto your
most gracyouse highnes your poure & faithfull subiecte Thomas
Cappis1 that where on William Cappys father unto your said
subiecte by juste & laufull conveyaunce yn the lawe was seased
yn his demeane as of fee tayll to hym & to his heirez malez of his
bodie laufully be gottyn had & made by on Jamez Cappis his
father of & yn the manors of Estwitfylde Westwytfild &
Fyssehande2 yn the countie of Somersett & so seased died therof
seased after whois deith the premyssez discendid unto your said
subiecte as son & heire male of the bodie of the said William
Cappis by reason wherof the said Thomas entred yn to the
premyssez & was thereof seasid tyll on Anthonye Stowell3
riotously & with force that is to saye with swerdes bucklers &
stavez entred yn to the premyssez & then & there expelled & putt
oute your said subiecte from his laufull possession wherupon your
seid subiecte made his complaynt therof unto your highnez
Chauncelor of Englande & your moste honorable counsell
consernyng the mysdemeanor of the said Anthonye apon which
complaynt your highnez said Chauncelor directed your gracyouse
wryte of Iniunccion unto the said Anthonye commaundyng hym
by the same to permytte & suffer your said subiecte quyetly &
peceably to haue & ynioye the premyssez untyll it were otherwise
ordered by your said highnez so it is gracyous soueraign lorde
that he the said Anthonye Stowell nothyng regardyng the said
commaundyment yn any wise will not permytte ne suffer your
said subiecte quyetly to occupie & ynioye the premyssez
accordyng to the said wryte of iniunccon but now of late that is to
saye the secound daye of January last paste yn the neight tyme
he the said Anthonye by the maynteriaunce procurement &
1 Thomas Cappis was, it appears, the grandson of the James Cappis whose
widow Phillippa was plaintiff in the former suit. He seems to have been a tailor.
2 Fitzhead, a hamlet in Wiveliscombe.
3 The Stowells were lords of a manor in Wiveliscombe (Colhnson, u,
489), but Anthony Stowell claimed this property as great-grandson of James
Cappis, being, as he said, the son of Joan, daughter of Thomas Cappis, who
was the son of James Cappis.
268 £>tav Chamber Cases.
abectement of on Michell Malette1 accompaned with on Richarde
Malet Roberte Schurcomb Edmond Clode John Charle John
Elys & other to the nomber of ix or x persons whois namez be as
yet to youre said subiecte unknowen yn riotouse maner hauyng
with them fyve long bowez on hand gonne forest byllys stavez
a tergatt & other wepons came to the said capital! Mesuage &
then & there not only assauted the said house but also manysshed
& threttened on Thomas Colles2 then beyng yn the said house to
kyll hym & to burne the said house and not contented with this
yvell demeanors but also then & there wroungfully xxli rother
bestes or neyte foure houndred fatte schepe3 then beyng yn &
apon the premyssez (the same schepe then beyng worth foure
scoore poundes) did take & dryve away unto a place called
Rookes Castell4 beyng from thens xij long myles distant & by
reason of fowelnez & dypnesse of the waye dyuerse of the said
schepe died yn dryvyng er that they came to the said rookes
Castell & the residewe beyng a lyve at Rookes Castell aforesaid
did impounde & there the same schepe & cattail so long yn
pounde remayned er that the awners of them had knowlege
where the same schepe became & coulde gett replevyns for the
delyueraunce of them that partly for lacke of meyte & fedyng
but especyally by meane of the said unresonable dryffte the said
schepe are utterly perisshed & the rother bestes moche em pared
and also the said awners hauyng laufull replevyns coulde not
haue there said bestes & schepe delyuered untyll they paide iiijd
for the poundage of euery beste ouer & beside the pasturyng of
them yn the meane tyme and the day of the retorne of the said
replevyns the said Anthonye dyd not nor wolde make any
avowry5 nor justificacion of & for the takyng of the said bestes
but only reportyng that he toke the said bestes by the counsell
1 He was the son of Baldwin Mallet, lord of a portion of the manor of
West Quantoxhead, which manor descended on Baldwin's death in 1533 to
this Michael Mallet, who died in 1548. V.C.H. Somers., iii (MSS.) ;
Medieval Wills, xxi, p. 17 ; Inq. p. m., ser. ii, 2 Edw. VI., vol. 86, No. 26
2 This family was well known in Wiveliscombe, and the manor was held
by them in the 1 7th century. See Somers. Wills (ed. Crisp), i, 33.
3 The value set on the sheep, 4^. each, was a reasonable one, the average
price in the ten years between 1541 and 1550 being 4^. i i^d. Thorold Rogers,
Hist, of Agr. and Prices, iv, 356.
4 This is in the parish of Broomfield. See above, p. 255 (n. i).
5 The taker of a distress had to prove or " avow " his right to take it.
Cfyambtr Cases. 269
of the said Michell Malett to whom the said Anthonye had solde
all suche right title & Interest as he then had yn the premyssez
& therfore whether he the said Anthonye had don well or yll
theryn he cared nothyng for it for as mych as his title was solde
to the said Malett, yet all this not with standyng he the said
Anthonye now of late that is to say aboute the xviijth day of
January laste paste riotusly with force & armez nothyng
dreadyng your gracys lawez nor the punysment therof accom-
paned with on Joseph Hussey William Trevylian Edmound
Cloode Robert Schurcomb of Clotoworthye1 laborer John Charley
Thomas Holoway of Camflorey2 yoman John Davye of Aysshe
Pryors laborer & dyuerse other persons unknowen to the nomber
of xij persons with force & armez & yn the maner of warre
arrayed that is to say with swerdes bocklers & other wepons
defensiue the said house of Jewez3 did breke & entre &
then & there of there malicyouse & ungracyouse mynde riotusly
dyd rent & cutt yn pecez all the beddyng & weryng clothez of on
Thomas Powell then beyng yn the said house & x disshez ij
bowez halff a scheff of arowez on axe on payre of teylors scherez
a pressyng iron & a forest byll then & there founde did take &
carye awaye and also soueraign lorde the said Anthonye Stowell
John Davye William Lovell Edmonde Clode John Charley Roberte
Schurcomb Phylypp Breme Thomas lackyngton accompaned
with dyuers other ivell disposed persons to the nomber of xvjli
persons riotously with force and armez that is to say battes bowes
arrowez & other wepons defensyvez not only the xth day of
Aprell last paste but also the xviijth day of Aprell last paste the
house of your said subiecte att Weuelescomb aforesaid called
Jewez wroungfully dyd breke & entre & then & there riotusly &
with force expulsed & disseised your said subiecte therof & the
same house with such force there yet deteynyth & kypith contrary
to your gracyouse lawez & Statutes yn that behalff prouyded
and also then & there yn on Thomas Powell made assaute &
hym then & there did beate & ivyll intrete so that he was in
jeopardie of his lyff and also on cloke of the valewe of xs of the
1 Clatworthy. 2 Combe Flory.
3 The house called " Jewez " at Wiveliscombe must have taken its name
from John Jewe, who lived at Wiveliscombe in 1415. Genealogist^ 1882, vi,
31. The name is found again in the i7th century, the will of John Hawley
" of Jewes " being proved in 1541. Somerset Wills^ ed. Crisp, vi, 71.
270 J?tar Chamber €
goodes & catalles of your said subiectes then & there founde did
rent & teyre yn pecez to the most perill example of all other such
lyke offenders for which forceable entrez riottes & other
mysdemenors so comytted & don att your sessions of peace
lately holden at Ivellchester yn youre said Countie of Somerset
the said Anthonye Stowell & the other persons before named
haue byn indited thereof as by the recorde therof remaynyng
before your Justice of peace yn the said countie more playnly
apperith In tender consideracon wherof may it therfore please
your good heighnez the premissez considered to graunte to your
poure subiette your gracyouse wryte of subpena to be directed to
thesaid Anthonye Stowell Michell Malett Rycherd Malett Roberte
Schurcombe Edmond Clode John Charley John Elys Joseph
Hussey William Trevylyan Thomas Holoway John Davye
William Lovell Phylypp Breme & Thomas Lackyngton com-
maunding by the same personally to appere before your gracyous
heighnez & the lordes of your moste honorable counsell yn your
Starre Chamber at Westmynster & there to make answere unto
the premissez.
The awnswer of Anthony Stawell to the byll of complaynt of
Thomas Cappys.
The seid defendaunt seith that the matter conteyned in the
seid bill of complaynt is false & untrew, & deuysed & imagened
by the seid complaynaunt & one Nicholas Fitziames1 his master
& is also sett forthe by the procurement & mayntenaunce of the
seid Nicholas Fytziames by whom the seid mater is unlawfully
borne & mayntened ageynst the seid defendaunt to the grett
hynderaunce & in a maner to the undoyng & impoueryshement
of the same defendaunt and as to all assawltes & bateryes & to
all & euery other acte & actes what so euer hit be supposed to
be don by the seid defendaunt agaynst the peace or ryotously
that he is therof not gylty And as to the entre in to the seid
londes & tenementes & the takyng of the seid bestes & shepe
the seid defendaunt seithe that one James Cappys was seased of
the seid londes & tenementes in his demeane as of fee tayll that
is to wete to hem & to the heyrs of his body lawfully begoten
by just & lawfull conveyaunz in the law redy to be showed & he
1 See above, p. 120 («. i).
JS?tar Chamber Caseg. 271
so beyng therof seased dyed therof so seased after whose dethe
the premysses dyscended & of very ryght owght to dyscend unto
the seid defendaunt as cosen & heire of the body of the seid
James that is to wete son & heir of the body of [Jojhan dowghter
& heir of the body of Thomas sone & heire of the body of the
seid James by force wherof the seid defendaunt entred into the
premysses & was therof seasid in his demeane as of fee tayle &
he so being therof seasid at the tyme of the seid entre & takyn
of the seid bestes supposed to be done came to the seid londes &
tenements & ther founde certeyn cattell & sheppe going in &
uppon the seid premisses & then & ther depasturing eatyng upp
& tredyng down his grasse & pasture growyng in & uppon the
same premysses by force wherof he toke the same bestes then &
ther damages fesaunt & them drove from thens unto a comon
pound within the seid countey of Somerset called Rokes castell
the whiche is dystant from the seid place wher the takyn is
supposed to be vij myles or therabouts & the same bestes ther
impounded as lawfull was for hem to doo and after that the seid
bestes were wrongfully & ageynst the law sett owt of the seid
pound by a replevyn supposed to be made by the sheref of the
seid countey by force wherof the seid defendaunt was at the
countey court then next folowyng kepte at Yvelchester in the
seid countey ther to pursw the seid mater & to haue justyfyed
the takyng of the seid bestes accordyng to the order of the law
at whiche tyme the seid sheref of the seid shere ther dysavowed
the seid replevyn for that the seid repleuyn was not made ne
graunted by hem by force wherof the seid defendaunt cowld not
pursw this seid mater wythowt that the seid William Cappys
was seised of & in the premysses by just & lawfull conveyaunz
in the law in his demeane as of fee tayll or that the same
William dyed therof seased or that the premisses dyscended
after the deth of the said William unto the seid complaynaunt or
that the seid complaynaunt was euer seased of the premisses
other then by dysseison & wrong wyth force & armes &
riotowsely therof commytted & done unto the seid defendaunt
by the seid compleynaunt accompanyed wyth Thomas
Powell Richard Gybbys clothyer & -- Grove Richard Sho-
maker William Showmaker Thomas Howell & dyuerz other
suche lyke euell dysposed persons or that ony wryte of iniunccon
272 &tar Chamber Ca<JcS.
was euer dyrected to the seid defendaunt commaundyng hym by
the same to permyt & suffer the seid complaynaunt quyetly &
pacably to haue & injoy the premysses untyll it were otherwyse
ordered by your hyghnes or that the seid defendaunt dyd euer
manasse or thretyn the seid Thomas Collys to kyll hem or to
burne the seid house or that the seid sheppe dyed or perysshed in
the defaute of the seid defendaunt or that the seid defendaunt
dyd euer report that he had solde all suche ryght tytle & interest
as he had in the premysses unto the seid Michaell Malet for he
seyth that he neuer sold his seid ryght tytle & interest of & in
the premysses to the seid Michaell Malet nor to ony other
person and wythowt that &c.
Appended is the answer of Michael Malet, which contains no
fresh particulars.
VOL. IX, No. 43.
The replicacion of Thomas Capps to the answer of Anthony
Stowell.
The said Thomas saith that his byll of complaynt is sufficient
in the law to be answered unto and farder saith that the said
defendaunt is gylty of the said assautes bateris ryotis & other
the misdoniers allegyd in the said bill of complaint in manner
and forme as therin is expressed & declared and farther saith
that the said William Capps was seased of the premissez and
died therof seased and that the premisses after the death of the
said Willyam discendid unto the said complaynaunt and that the
said complaynaunt was seased of the premissez and that a
writte of iniunccon was directed to the said defendaunt com-
maundyng hym by the same to permytt and suffer the said
complaynaunt quyetly and peceably to haue & enioy the
premisses as is allegid in the said bill of complaint and that the
said defendaunt dyd manasse & threten the said Thomas Collis
to kyll him and to burne his said house and that the seid shepe
died and perisshed in the default of the said defendaunt and that
the seid defendaunt dyd report that he hadd solde all such right
title and interest as he hadd in the premissez unto the said
Michell Mallett and that the said defendaunt dyd also report
that he cared nott whether he hadd don well or yvill in the
Chamber CaSe$. 273
takyng of the same beastes and that he rent and cutt in peces
the beddyng & weryng clothes of the said Thomas Powell and
toke and caried away the disshes & other thynges out of the said
capitall mese and that the said defendaunt dyd wrongfully breke
& enter into the same hous and expelled & disseased the said
complaynaunt therof and that the said defendaunt doith wrong-
fully deteyne & kepe the same hous and that the said defendaunt
was inditted apon a good and iust cause and reasonable grounde
for and concernyng the premissez as is allegyd in the said bill of
complaint and also saith and auerith all & euery thyng conteyned
in his seid bill to be trew without that &c. &c.
Androwes als Frye u. Phyllyps.
HENRY VIII., VOL. I, No. 164. DATE: 1550.
To the kynge our soveraygne lorde.
In most lamentable wyse complaynynge shewen to your your
highnes your pore subiectes and dayly oratours Henry Androwes
als Frye thelder Wylliam Androwes als Frye1 and Henry
Androwes ats Frye thonger that where Wylliam Wytcombe-
gent was seasyde in his demeane as of fee of and in the moyety
or one half of a capitall meassuage, one orcharde one gardyn
one close of pasture contaynynge by estymacion vj acres nere
adyoynynge to the sayde capitall mease and of and in the
1 He evidently belonged to the same family as the Thomas Andrewes
alias Fry of Martock, whose will was proved in 1595. J. C. C. Smith,
Wills (Index Library), iv, 9, 163.
2 The will of John Witcombe, proved in 1527, throws considerable light
on this suit. John Witcombe owned the manor of Witcombe in Martock
with lands and tenements in Witcombe, Bower Hinton, Coat and Lym-
borough in the parish of Martock. The will quotes a settlement dated
13 Dec., 1521, on his brother William and his wife Elizabeth, and the
reversion of the testator's dwelling house in Martock, in which his wife was
given a life interest, was to pass on her death to this William Witcombe.
He left most of his plate to build a chantry house in Martock. He named
his cousin, Richard Philipps, as one of his executors on condition that he
within one month after the testator's decease " clerely discharged himself
fro' all such troubills as he is in against our soueraign Lord and King."
Medieval Wills (S.R.S., xix), p. 263.
2 N
274 ^tar Chamber
moyety or one half of Ixx acres of arrable land xviij acres and
a halff of meadowe ij other closes of pasture wherof thone
ys callyd waltershame, and the other courshame and also of and
in the moyety or one halff of one other close of pasture
contaynyng by estymacon xvij acres and of the moyetye or one
halfif of the feadinge or pasturynge of xxx oxen in a certen
meadow callyd Shaldowe to be had and usyde after the shere of
the same meadowe and of the feadinge and pasturinge of viijth
kyen in a pasture callyde the cowe lease and of and in one
tenement callyde Randalls adyoynge to the said capitall mease
with certayn landes meadowes and pasture to the same tenement
apperteynynge sett lyeinge and beinge within the parysshe of
Martok in your county of Somerset and so beinge therof seasyd,
for a competent some of meoney to hym truely contentyde and
payde in the name of a Fyne by indenture beryng date the
xiij daye of Maye in this present fowerth yere of your moste
gracyous rayngne,2 demysed and grauntyd aswell all that hissayde
tenement callyde Randalles with the land meadowe and pasture
to the same belongynge as also all the saide moyetyes of the said
capytall meassuage and all other the premysses to your sayd
subiectes for terme of their lyves and the lorigyst lyver of them
except and alwayes reservyd to the sayd Wylliam Wytcombe
and his heyers all the great tymber trees grovvinge in and uppon
the premysses by the sayde indenture more at large dothe and
maye appere, by force wherof your said subiectes entryd in to
the premysses as ys aforesaid and were therof seasid in their
demeane as of freehold So it is most gracyous soveraygne lord,
that John Richardes of Martok John Richardes of Norton John
Richards of Aller Richard Rychardes Wylliam Richardes
Thomas Balche and Wylliam Hickes by the mayntenaunce
supportacion and councell of Thomas Phyllyp esquyer,1 the
xxth daye of August last past, unlefully assemblyd them selffes
together in and uppon the premysses havinge bylles, bowes,
1 The Phelipps family acquired the manor of Montacute in the reign of
Henry VIII. The will of this Thomas Phellips, which was proved in 1589,
mentions his " mansion house of Montacute," which was conveyed to his
younger son, Sir Edward Phellips, before his father's death. Collinson
seems to be wrong in saying that this Sir Edward was the first of the family
to settle at Montacute, as Thomas is described as " of Montacute " in this
suit. Collinson, iii, 314. 2 1550.
Chamber Cages. 275
arrowes pykes and staves, and other weapons defensyve, and
some of them beinge in harneys, after the manner of warr with
force and arms riotously and in riotous manner entryd into the
premysses uppon the possession of your said subiectes and
therof with like force dysseasyd and expulsyde your said subiectes
and fardre not thenvith contentyd, but of their fardre malice
fynedynge your sayde subiect Henry Frye thelder and his
servauntes in the peace of god and your graces in and uppon
the premysses at the tyme of their said unlefull entry of their
dylvyshe myndes and evyll dysposyde purposes made a fraye and
assaulte uppon your sayd subiect Henry Frye thelder and his
sayd servauntes and them in suche cruell manner and sorte dyd
beate wound and intreat that they were therby in grete peryll
and jeopardy of their lyves to their grett hynderaunce and
ympoueryshment and in manner utter undoyng for ever and
to the pernycous example of other lyke malefactors for
reformacion whereof your highenes said subiectes according to the
lawes and statutes of thys your graces realme at the sessions
holden at Brydgewater in the countye of Somerset, the thursday
next after the feaste of saynte Mathewe exybyted one bill of
indyctment uppon the statute made in the viijth yere of the
raygne of your highnes progenytor kynge Henry the vjthl compre-
hendynge in the same, that the said defendauntes had with force
and armes dysseasyde and expulsyd your said oratours of the
premysses to them demysed contrary to the forme of the said
estatute whych sayde bill being perusyd by the Justyces of the
peace of the same shier, before whom the said sessions was
holden, and delyveryd to the grete inquest that then was
chargyd to ... for your highnes of matters touchynge the
publyke welthe of the same shier, was found and presentyd to be
true wherupon the same Justices awardyd one wryte of
Restitucion2 dyrectyd to Sir Thomas Speke knyght8 shryef of the
Countye aforesayd commaundynge hym by the same to putt your
sayd subiectes in possession of the premysses to hym and others
demysed as ys aforesayd by force whereof the sayd Sir 1 homas
1 By this act (8 Hen. VI., cap. 14), severe punishments were inflicted
upon rioters.
* A writ of restitution was a writ setting a man in possession of lands and
tenements of which he had been unlawfully deprived.
3 See above, p. 219.
276 ^tar Chamber
Speke commaundyd Wyllyam Hyatt undershryef of the said
countye to repayer to the sayd tenement and other the
premysses demysed to your sayde subiectes to putt them in
possessyon of the same by force wherof the said Wylliam Hyatt
came to the premysses and ther found the sayd John Richardes
of Norten and Richarde Rychardes in the sayd meassuage with
the dores therof close shutt kepynge the possessyon therof wyth
force which when the sayde undershryeff perceavyd he declaryd
unto them of Martock John Richardes and Richarde Rychardes,
that he was come to put your graces said subiect Henry Frye in
possession of the premysses by vertue of the kynges wrytt to hym
directyd commaundinge them in the behalf of your Maiestye to
open the dores of the sayd messuage and to suffer the same
undershrief to execute the same wryte as in that behalff apper-
teynyd and that notwithstandinge the said John Richardes of
Norton John Rychardes of Awler Rycharde Rychardes and
Wylliam Richardes, arrogantly and very dysobedyently nothinge
regardinge your graces lawes kept the possession of the
premysses with force in souche manner that the said undershrief
colde not as then enter in to the same without peryll and
daungere of manslaughter for thadvoyding wherof the same
undershreff ymmedyatly deparetyd and repayeryd to the said
Sir Thomas Speke declarynge unto hym the said evyll behaviour
of the sayd persons wheruppon the said Sir Thomas Speke the
next daye lykewise personally repayeryd to the said messuage, and
there lykewyse found the said John Rychardes of Norton
Richard Richardes Wylliam Richardes and Thomas Richardes
kepyng the said howse with force and the dores and windowes
of the same close shutt which when the said Sir Thomas Speke
perceavyd he spake unto them beinge within the said howse
commaundynge them that they shold open the dores who uppon
persuasion openyd the dores of the said meassuage wheruppon
the sayde Sir Thomas Speke accordinge to the tenor of the said
wryte putt your graces said subiectes in possession of the
premysses as ys aforesaid by reason wherof your sayd subiect
Henry Frye thelder put in his cattail to use and occupye the
said landes to hym demysed as lefull was for hym to do and the
said demyse and wryt off restitucion notwithstandinge the said
John Richardes of Martok John Richardes of Norton and the
Chamber <£as«. 277
said William Richardes by the mayntenaunce of the said
Thomas Phyllyps the xvth daye of this present monyth of
October with force and armes beinge arrayed with armour and
wepon mete for the wars eftsones in riotous manner entryd in to
the premysses and then and ther dystraynyd xj oxen of the
goodes and cattails of your said subiectes Henry Frye thelder
which he could not have delyveryd agayne without replevy and
yet not so contentyd but do dayly otherwise dysturbe your
graces sayd pore subyectes in suche manner that he cannot
quyetly take and enyoye thyssues and profittes of the premysses
to them demysed, as of right they ought to do by the lawes of
this your graces realme whyche wylbe their utter undoinge
oneles your graces mercyfull goodnes be to them shewyd in thys
behalf In consideration whereof yt may please your highnes to
graunt your graces wrytt of subpena to be directyd to the said
Thomas Phyllyps & the others above named, commaundinge
them by the same at a certayn daye and uppon a payne therin
to be lymyttyd personally to appere before your highnes most
honorable pryvey councell in your Sterr chambre at Westminster
then and ther to make aunswer.
No. 165.
The answer of Thomas Phylypps John Rychards John
Richards John Richardes & Wyllyam Rychardes to
the byll of complaynt of Henrye Androwes ais
Frye thelder William Androwes ais Frye & Henrye
Androwes ais Frye the yonger.
John Richardes one of the sayd defendauntes saythe that
long tyme before the said supposed lesse made by the sayd
Wyllyam Whytcombe unto the sayd complaynauntes of the
premisses mencyoned in the byll the said William Whytecomb
& Elizabethe the wieff were seised of & in all the sayd masuages
londes tenementes & heredytamentes mencyoned in the byll
that is to saye the sayd Wyllyam Whytcomb in his demesne as
off fee & the sayd Elyzabethe in her demesne as of frehold by
one laufull conveyauns thereof to the same Wyllyam Whytcomb
& Elizabethe and the sayd William Whytcomb & Elizabethe
beyng thereof so seised by ther dede indentyd redye to be
278 £>tar Cfyamfcn1 Casts.
shewed made bytwene the sayd William Whytcomb & Elizabeth
his wyeff of the one parte and one Thomas Whyte of Martock
& Agnes his wyeff the said John Richardes the elder & Thomas
Whyte the yonger of the other parte long tyme before the said
supposed lesse mencyoned in the sayd byll of complaynt for &
in consideracion of the summe of fortye markes payed unto the
said Willyam Whytcomb for & in the name of a fyne dyd
demyse graunt & to ferme Ictt unto the said Thomas Whyte &
Agnes his wieff John Rychardes the one of the sayd defendants
& the said Thomas Whyte the yonger all and singular the sayd
mesuages londes tenements & hereditaments mencyoned in the
sayd byll by the name of all ther capytall mesuage one gardeyn
one close to the sayd mesuage annexed conteynyng by estyma-
cion sixe acres of severall pasture threscore & ten acres of arable
londe lyeng in the three feldes of Whytcomb eighteyn acres &
a half of medowe whereof eight acres did lye in Sheldowne
Mede viij acres in the hurst & one acre in a medowe called
asshemede and one acre & a half doth lye in the lymehyll and
also twoo closes of seuerall pasture whereof one close thereof is
called . . . conteynyng by estymacion xij acres & a nother
close thereof called Courtham conteynyng by estymacion vj
acres and the pasture for thyrtye bestes in a certayn meadow
called Shuldowne Mede after the first cuttyng and also one
other close of seuerall pasture lyeng bytwene the vyllages of
Overasshe & Netherasshe contaynyng by estymacion xvij acres
& whiche sometyme laye in foure lytle severall closes and also
the pasture for viij keen in a pasture called Cowles with all and
singuler ther appurtenaunces To have & to holde the sayd
capytall mesuage & all other the premisses with thappurtenaunces
to the sayd Thomas Whyte & Agnes his wyeff the sayd John
Rychardes & to the sayd Thomas Whyte the yonger for terme
of theyr lyeffes & of euerye of them longyst ly vyng successyvelye
& seuerallye & not ioyntlye yeldyng & payng therefore yerelye
duryng the sayd terme to the sayd William Whytcomb &
Elizabeth his wyeff & to the heyres of the sayd Willyam
Whytecomb seven poundes of laufull monye of Englond att the
foure usuall & pryncypall feastes of the yere by even porcions
to be payed as by the sayd Indenture whose date is the sixte
daye of Maye in the xxix yere of the raign of our late soueraign
Chamber
lorde kyng Henrye the eight father to our soueraign lorde the
kyng thatt nowe ys mere playnlye dothe appere By force
whereof the sayd Thomas Whyte of Martock was sole seised of
& in the said Capytall mesuage & all other the premisses in his
demesne as off freholde to the knowlege off the sayd John
Rychardes thelder and he beyng thereof so seysed dyd quyetlye
holde & solelye enioye the sayd capytall mesuage & other the
premisses with thappurtenaunces to his owne use & behouffe
without interrupcion of any person or persons and after the sayd
Thomas Whyte of Martock so beyng seysed dyed by & after
whose dethe the sayd capytall mesuage & other the premisses
with thappurtenaunces remayned & came to the sayd Agnes
his wyeff by force of the sayd dede indentyd as this defendaunt
John Rychardes thelder also supposythe by force whereof the
sayd Agnes dyd entre into the sayd capytall mesuage & other
the premisses & was thereof sole seysed as he thynkythe in her
demesne as off freeholde & quyetlye dyd holde & enioye the
same premisses & the profyttes thereof comyng & growyng dyd
solelye levye & take to her owne use without interrupcion off
any person or persons accordyng to the meanyng of the sayd
Indentures and after the sayd Agnes dyed about twelve
monethes laste paste by & after whos dethe the sayd John
Rychardes entryd into the sayd capytall mesuage & other the
premisses accordyng to the true meanyng of the sayd indenture
& was sole seysyd of the sayd capytall mesuage & other the
premisses (& as he thynkythe rightfullye) in his demesne as of
freholde and he beyng thereof so seysed about the [sic] daye
of Julye last past dyd mowe & cutt downe ij acres of grasse
in the sayd medowe called Chaldowne Mede parcell of the
premisses to them letten as is aforesayd and the same did make
into haye and after thatt the sayd haye was dryd & redye to be
caryed into the house the sayd complaynauntes & other ryotouse
persones to the number of fyve persons to them assocyated dyd
fecche & carye awaye ryotouslye twoo wayneloodes of the sayd
haye whiche was made att the onlye costes of the said John
Rychardes thelder and in the caryeng of the same ij wayne
loddes of haye from the sayd medowe dialled Chaldowne Mede
the sayd John Rychardes thelder mett with the sayd Henrye
Androwes ats Frye thelder & requyred hem thatt he woulde
s8o J?>tar Chamber
nott medle wyth ne carye a waye the haye of the said John
Rychardes the elder whereunto the Henrye Androwes thelder
answeryd saying to the said John Rychardes thelder that he
woulde take and carye awaye the haye yf the sayd John
Rychardes thelder & all the knavys his brethern would saye
naye thereunto wherefore the sayd John Rychardes thelder dyd
permytt the sayd Henrye Androwes the elder att thatt tyme in
quyet maner for feare of the breche of the kynges peas to carye
awaye the said ij wayne loddes of hey and the sayd John
Rychardes thelder John Richardes the yonger Ry chard Rychardes
& Wyllyam Richardes further sayen and euerye of them saythe
that the same Henrie Androwe the same \sic\ daye of Julye
after the caryage awaye of the same ij wayne loddes of haye
hauyng in his companye seven other persons ryotouslye with
force & armes came to the sayd medowe called Chaldowne Mede
& ther with the sayd ryotouse psons would haue forcebellye &
ryotouslye haue laden & caryed awaye three other wayn loddes
of haye of the sayd John Rychardes thelder yf the sayd John
Rychardes thelder & othar the defendauntes before namyd had
nott ther byn who gentyllye requyred the said Harry Androwes
thelder to leve and surcesse in his wrongdoyng & in caryeng off
the haye of the sayd John Rychardes butt the sayd Harrye
Androwes myndyng nothyng butt trouble & vexacion to the
sayd defendaunt & the breche of the kynges peas sayd to the
sayd ryotouse persons whiche then accompanyed hem these
wordes folowyng Syrs come on & stand faste ye shall have better
playe anone and thereapon would haue with force laden the
sayd iij waynes wythe the haye of the sayd Richardes & woulde
haue caryed hytt awaye maugre the wyll of the sayd John
Richardes thelder & the sayd John Richardes thelder John
Rychardes the yonger Rychard Rychardes & Wyllyam Rychardes
wherefore they resysted the sayd iniuryous pretens & purpose &
would nott suffer the sayd ryotous persons to carye awaye the
sayd haye and thereapon the sayd Henrye Androwes & other the
complaynauntes made assaulte apon the sayd John Rychardes &
his said brethern intending therby vyolentlye & with force to
carye awaye the same haye butt the sayd John Richardes
thelder & his sayd brethern did them defende So that suche
hurte & damage as anye of the complaynauntes hadde or anye
£>tnr Cfjambtr Catt*. 281
of them hathe was of ther owne assaulte & wronge & in the
defens of the said Richardes & of his brethern without thatt
thatt the sayd Wyllyam Whytcomb by indenture beryng date
the xiijth of Maye laste paste did demyse & graunt or laufullie
myght demyse & graunt anye parte of the premises mencyoned
in the byll to the sayd complaynauntes for anie of ther lyeffes &
euerye of them longyst lyvyng or that the sayd Wyllyam
Whytcomb coulde make anye suche laufull lesse of the premisses
to the said complaynauntes or that the sayd complaynauntes by
ther entre into the premisses were thereof laufullye seysed in
ther demesne as of freholde or that the sayd defendauntes before
namyd by the supportacion of the sayd Thomas Phillyps the
xxth daye of August last paste unlaufullye assembled themselffes
together upon the premisses with bylles bowes arowes pykes &
staves & other wepons defensyble or thatt anye of the sayd
defendauntes were in harnesse after the maner of warre or with
force and armes ryotouslye entryd into the premisses apon the
possessyons of the sayd complaynauntes or thereof with lyke
force dysseysed & expulsed the said complaynauntes for the
sayd defendaunt John Richardes thelder John Richardes Richard
Richardes & William Rychardes sayen & euerye of them syayth
that the sayd John Richardes the elder in his owne right and
the other defendauntes as seruauntes to hym & by his commaunde-
ment dyd preserue & kepe the laufull possessyon of the sayd
John Rychardes the elder in the premisses accordyng to the
trewe meanyng & intent of the sayd dede indentyd made to the
sayd John Rychardes thelder and whyche thyng they thynke
thatt maye laufullye so do by the lawes of this realme bycause
thatt he the sayd John Richardes thelder & suche as were
wythe hym namyd in the said lesse dyd quyetlye entre into the
premisses and hadde kepte the possessyon thereof quyetlye by
the space of three yeres & more before the tyme of the sayd
supposed ryott & forcyble entre comytted or that they of ther
further malyce fyndyng the sayd Henrye Androwes thelder &
his seruantes in the peas of godd & of the kynges maiestye
att the tyme of their said entre & as it is supposed unlaufull of
ther develysshe myndes & euyll dysposed purposes made affrey
& assault upon the sayd Henrye Frye thelder & his seruauntes or
that they in suche cruell manner dyd beate them that they
3 Q
282 &tar Cfyamfctr
were in Jeopardye of ther lyeffes othervvyse then yn the defens
off the sayd defendaunts & apon the assault made by the said
complaynauntes & ther seruauntes apon the said defendaunts as
before in this answer is alleyged without that the sayd defen-
dauntes were indyted before the Justyces of peas in the said
countye of Somerset of a wrongefull dysseysyn by them
commytted & don to the said complaynauntes in the premisses
contrary to the statute made in the viij yere of the raign of
Kyng Henrye the sixte to the knowlege of the sayd defendaunt
or thatt they or anye of them myght be thereof laufullye
indyted for the causes abouemencyoned or that the sayd
undershyryffe declared to the sayd John Rychardes of Martock
& Rycharde Rychardes that he was come to putte the sayd
Henrye Frye in possessyon of the premisses by vertue of
the kynges wrytte to hem dyrected or that ther was any suche
wrytte dyrected to the sayd undershyryffe to the knowlege
of the sayd defendaunt or that he commaundyd hem to open
the dores of the sayd messuage that he mought execute the
same sopposed wrytte or that they or any of them kepte the
occupacion of the premisses arrogantly e not regardyng the kynges
lawes as is surmysed by the sayd byll or that the sayd
Sir Thomas Speke knight then shyryff of the countye of Somer-
set att his repayre thyther did fynde the sayd John Rychardes
Thomas Richardes Wyllyam Rychardes & Rycharde Rychardes
kepyng the sayd mesuage wythe force & the dores & wyndowes
of the same close shutte butt they & euerye of them saythe
that there were within the sayd mesuage att the tyme of the
comyng of the sayd Sir Thomas Speke thyther the sayd Rychard
Rychardes & the others named were deteyned & kepte in
pryson by the sayd complaynauntes before the comyng of the
sayd Sir Thomas Speke to the sayd messuage & after his
departure from thens the said Richard Richardes John Rychardes
the yonger percevyng the comyng of the said Sir Thomas Speke
dyd open fourthewythe the dores of the said mesuage &
sufferyd hem to come into the sayd mesuage quyetlye without
thatt thatt the sayd complaynaunt Henrye Frye thelder dyd
or myght putt his catall laufully into the premisses or that they
unlawfullye by the mayntenaunce & procurement of the sayd
Thomas Phylyppes dyd dystreyn wrongfullye vj oxen of the
Chamber Casks. 283
goodes of the sayd Henrye Frye thelder in manner & forme as
is surmysed by the said byll butt the said defendaunts sayen
that forasmyche as the sayd John Rychardes the elder founde
the same oxen apon the premisses the sayd John Rychardes the
elder in his own right & the reste of the defendauntes as his
servauntes by his commaundement dyd dystreyn the sayd
xi oxen damage fysaunt & dyd laufullye empounde them as
laufull ys for them to do or that the sayd complaynauntes or
anye of them ought of right to take & enioye quyetlye the
issues & proffyttes of the premisses or of anye parte thereof to
the knowlege of the sayd defendaunt.
Signed : — J. Predaux. Rob't Cattyn.
In the replication of Henry Andrews no further facts are
stated except that the said Thomas White granted to the said
William Wytcombe, his right in the said lands on the xxiiij day
of January 3 Henry VIII.1 In his rejoinder John Rychardes
sayth : — that the sayd tenement callyd Randalls mencionyd yn
the sayd bylle of compleynt is now no dwellyng howse but is only
one olde decayed howse usyd and occupyed for a howse to putt
beastes yn and standyth on the backe syde of the sayde capytall
mesuage and that the same tenement callyd Randalls and
all the lands supposed to be perteyning to the same bene and at
the tyme of the sayd lease mencionyd yn the sayd answer and
long before were parcell of the sayd capytall mesuage and haue
bene occupyed and demysyd with the sayd capytall mesuage
and as parcell of the landes belongyng to the same tyme owt of
memory of manne. Depositions in tlie above suit were taken
29 November [4 Henry VIIL~\.
John Richardes of Martocke co. Somerset husbandman
deposeth that he with a pikeforke Wylliam Richardes with a
pykeforke John Richardes the younger John Richardes of Aller
and Richard Richardes with corn pykes came to the ground in
variaunce having no harnes on them but that Wylliam Richardes
had on a breast plate and a back of harnes and the same
Wylliam Richardes and Richard Richardes had eche of them
bowes and arrowes whiche after two or thre shottes they cast
awaye and fell to they re corne pykes and so at theyr coming
thither they founde ther the complainaunt with his thre waynes
1 1512.
284 &tar Chamber
ladynge awaye the haye of the grounde whom this deponent
byd to avoyde from the grounde who refusyd so to do and gave
this deponent evyll langage and therupon he saith they fell
together and made an affraye. In the whiche affraye the com-
playnaunt was by John Richardes of Aller stryken downe &
fellyd and oone arrowe shott starke in his arme and so when he
was downe the same John gave him two drye1 blowes, but no
pyke was broken on his legges. Further he sayth that after the
same affraye endyd this deponent dyd distreyne the wayne and
oxen of the said complainaunt and dyd dryve the same oxen to
the kinges pounde ; also he confesseth that the same Thomas
Philips at Easter last past dyd gyve this deponent councell to
kepe his possession in the landes in variaunce and tolde him
that in the terme tyme the matter shulde be easyde and that the
more wrongs and injuryes that this deponent sufferyd at the
complainauntes handes the better yt shulde be for this deponent
and he denyeth that the saide Philips or any his seruauntes wer
ther at any tyme to kepe the possession therof with force.
Likewise he denyeth he was in the capitall house now in variance
at suche tyme as the same Wylliam Hyat the late undershrive
of Somerset came thither nor can depose of the conversation
between him and such persons as wer in the howse to kepe this
deponents possessions in his absence, but saith he knoweth that
the same persons kept the dores fast shutt ageynt the same
undershrive and that by this deponents commaundyment without
the councell of the saide Thomas Philips as he saith. He further
deposeth he was not present when Sir Thomas Speke knighte
highe Shrive of Somerset came to the same capitall howse and
saith that the persones then within the house keping this
deponents possessions ther dyd refuse to open the dores at the
fyrst to the same shrive bycause this deponent had before
charged them that they shulde not open the dores untyll this
deponents retorne thithere ageyne and then upon the redyng of
the kynges writt he saith the dores wer openyd to the same
shrive. Lastly he saith that after the complainaunt was put in
possession of the premisses by the saide Shrive this deponent
dyd distrayne the cattail of the same complaynaunt and drave
1 Z.e., " two or three," an instance of the Somerset -iialect finding its way
into the pleadings.
Chamber CaSfS. 285
them to the kinges pounde and the same so dyd upon his owne
hadde without any councell of any person.
Richard Richardes of Martocke husbandman confessith that
he was present at the same affray as his brother John Richardes
aforesaid and the other his bretherne by the same John before
namyd and saith he had a wyche hasell bowe and Richard
Richardes his brother had an other and they had halfe a shefe of
arrowes betwene them and this deponent shott in the same affraye
iiij arrowes and ouershott the complainaunt and his company to
feare them and with oone arrowe strake him on the arme and
for that his bowe was not good nor able to beare his arrowes he
cast yt downe and fell to his corne pyke and then the com-
playnaunt was fellyd to the grounde by his brother John
Richardes of Aller and this deponent strake him not but with
the arrowe. This deponent had then a brest plate and a backe
of harnes and after the affray he dyd helpe to carry the oxen to
the pounde. John Richardes of Aller, husbandman, deposeth
in similar manner stating that no more persons were with them
five brethern.
John Richard the younger of Norton, co. Somerset, servant to
John Richardes thelder. He saith he was present in the howse
now in variaunce at suche tyme as the same undershrive came
thither who required this deponent to open the dore but he
refused until his brother John Richards the elder should come ;
that he was also present in the said howse when the high shrive
came thither and kept the dores closed until the same shrive
declaryd the kinges write.
Richard Richardes of Wytcombe co. Somers. husbandman
deposeth as above.
Thomas Philips of Montagew co. Somerset, esquire saith he
was not present at the said affray. He confessith that in Lent
last past the same John Richardes the elder openyd his wronges
of this matter to this deponent and askyd his advyse therein to
whom this deponent gave counsell saying by thes wordes I
thinke by the lawe you may kepe your possessions therein and yet
better wer you to suffer wrong ther then do wrong and the more
wrong you sustyne the more pitefull wyll your complaynt be, and
he denyeth that he gave his counsell to kepe possession with force
or that this deponent or any his servants wer ther to kepe any
286 £tar Chamber
possession thir and finally he denyeth that he was present at the
howse in variance at any suche times that the high shrive or his
undershrive were there to put the complaynaunt in possession
thereof.
Chaplain of Catcott u. Cooke and others.
VOL. VIII, No. 190-192. DATE: AFTER 1549.
To the kyng cure soueraign lord.
In most lamentable wyse shewyth and compleynyth unto
your highnes Sr Rycharde Hoggedon chapleyn of Catcotte1 in
your graces of2 countye of Somerset John Cole of Catcotte in
your said graces countye of Somerset husbondman churche-
warden of the chappell of Catcote for and in the name and
behalf of themselfes and of all the reste of the inhabytauntes
of Catcote aforesaid that where the inhabytauntes of the vyllage
and hamlette of Catcote aforesaid haue had alwayes by the
space of three hundred yeres laste paste a Chappell of ease in
Catcote aforesayd to whiche chappell the inhabytauntes of
Catcote aforesaid haue always by the sayd tyme repayred and
had accesse to the heryng of goddes dyvyne seruyce and for
the dewe admynistracion of the sacramentes in Catcote afore-
sayd as by a mynyment concernyng the composycon for the
fyrste makyng of the said chappell of ease bytwene the parson
of Marlynche at that tyme beyng wythin whyche parysshe the
said chappell of ease is founded and the inhabytauntes of
Catcote aforesaid more playnlye dothe appere and where also
your highnes dyrectyd your graces commyssyon to certayn
coinyssioners in your said graces countie of Somerset3 for the
survey of all Colleges fraternytyes and chaunteryes in the
said countie of Somerset whiche came to your said highnes
1 This interesting suit is concerned with the status of the chapel of
Catcott in Moorlinch. The chaplain and churchwarden, on behalf of the
inhabitants, alleged that it was a chapel of ease to the parish church of
Moorlinch, and the defendants alleged that it was a chantry chapel, which
had been granted to them by the Court of Augmentations. This Richard
Hoggedon appears in the chantry certificates as Richard Hodson or
Hodshon. 2 Sic.
3 The Act of 1547, vesting all chantries in the Crown, was followed by
the issue of a royal commission on 13 Feb., 1548 (Pat. 2 Edw. VI., pt. vii,
m. 32), to certain commissioners who were directed to survey the property
of these chantries (see Somerset Chantries, S.R.S., Introduction, ix, x). The
Chamber CuM. 287
handes by reason of one acte of parliament made in the fyrst
yere of your said highnes reign for the dyssolucon of Colleges
free chappells and chantryes before whiche comyssyoners one
Wyllyam Coke1 of Catcote aforesaid myndyng and intendyng
ungodlye and uncharytabellye to deface and plucke downe the
said chappell dyd of his owne malycyous mynde present before
your graces commyssyoners in your said countye of Somerset
that the said chappell of ease was a chaunterye by meanes of
whiche presentment yt was certyfyed into your graces courte
of augmentacions of the reuenewes of your highnes Crowne
that the sayd chappell of ease was a chaunterye2 after whyche
presentment and certyfycat so made the said Wylliam Cooke
procured the said chappell of ease to be purchasyd and bought
of your highnes wyth the londes tenementes and heredyta-
mentes to the same chappell belongyng to his owne use and
behoufife after whyche purchase so by hym thereof made the
said Wyllyam Coke wylled and commaundyd your said
subiectes and inhabytauntes of Catcote not from thensfourth to
repayre unto the sayd chappell for the heryng of goddes
seruyce there saying that he had purchasyd yt of your maiestye
and that he woulde converte the same to s'uche uses as plesyd
hym whereapon your said poore subiectes and inhabytauntes
made there most humble suyte and compleynte unto your
graces most honorable privye councell who apon compleynt
thereof to them made addressyd there honorable letters unto
Sir Richard Sackevyle knight3 chauncellor of your graces courte
Somerset commissioners appointed in pursuance of this act were Sir Thomas
Speke, Sir Hugh Paulet, Sir John Rogers, Sir John St. Lo, Sir Thomas Dyer,
William Moryce, George Lyne, Robert Kelway, Robert Metcalf, John
Hannan, and William Hartgill.
1 He has not been identified. The wills of two William Cookes of
Lympsham were proved in 1556 and 1579. Smith, Wills, i, 139, iii, 75 ;
Medieval Wills, S.R.S., xxi, 186.
2 The certificate here referred to is printed in Somerset Chantries, S.R.S.
It was returned as a chantry with a house, 24 acres of land, and all tithes
except the tithe corn, which was reserved to the rector of Moorlinch, certain
plate, bells, and ornaments. The land and tithes were valued at £4.
Richard Hodson, the late incumbent, held the dwelling-house, garden, and
24 acres of land, paying a rent of 13^. 4^. for them, and William Coke
farmed the tithes for 66s. 8d. Ibid., 66, 248.
3 Sir Richard Sackville, a cousin of Anne Boleyn, was M.P. for Arundel
in 1529, Chancellor of the Court of Augmentations in 1548, knighted in
288 g>tar Chamber
of Augmentacons of the revenewes of your crown and to the
reste of the said court to hyre and determyne the cause of the
compleynt of your said subiectes, and thereapon by the aduyse
of your highnes councell of the said courte there was a
commyssyon awarded oute of your said highnes courte of
Augmentacions dyrectyd to the reuerent father Wylliam bysshop
of Bathe1 Sir Hughe Pawlet3 Sir Thomas Speke3 knightes
Alexandre Popham4 Thomas Clerke and Rycharde Cowper
esquiers or to thre of them to trye and examyn by all ways
and meanes that they coulde whether the said chappell of
Catcote were a chappell of ease or a chaunterye who certyfyed
the same to be a chappell of ease and no chaunterye whcre-
apon a decre was made in your graces said Courte of
Augmentacions the xviijth daye of Nouember laste paste
that your said subiectes and inhabytauntes shulde haue and
enioye the said chappell and the churche yearde of the
same and the belles and ornamentes tythes and oblacions
to the same belongyng. And that the chaplyn of the
said chappell for the tyme beyng shulde haue and enioye all
suche alterages5 oblacons tythes and corne of Catcote as the
chaplyn ther for the tyme beyng haue usyd to haue perceyue
and take of the sayd inhabytauntes and that the lorde of Catcote
aforesaid shulde at his pleasure present his chaplyn to the said
chappell when the same shuld be voyed as heretofore yt hath
byn used and that the possessyon of your highnes shulde be
amoved from the premisses as by the said decree exemplyfyed
under the great seall of your said Courte of Augmentacons redye
to be shewyd more playnlye dothe and maye appere. So yt is
moste drad soueraign lorde that notwythstandyng the said
decree made in your said highnes Courte of Augmentacions the
1549, and became a Privy Councillor in 1554. He died in 1566. Diet.
Nat. Biog.
1 William Knight, Bishop of Bath and Wells, 1541-1547. See Diet.
Nat. Biog.
2 See above, p. 191.
3 See above, p. 219.
4 See above, p. 219. His will was proved in 1556. He owned lands in
Bridgwater, Wembdon, North Petherton, etc. Medieval Wills (S.R.S.,
xxi), 186.
6 See below, p. 291, n. 3.
Chamber Ca$fS. 289
said William Coke accompanyed with Richard Coke of Glaston
in your said countie of Somerset husbondman Robert Capron
of Catcote aforesaid husbondman and dyuers other ryotous
persons to your sayd subiectes unknowen to the number of eight
persons about the v daye of Apryll nowe laste paste dyd
ryotouslye and forcybellye and in most ryotouse manner brake
and entryd the said chappell of Catcote and from thens toke
and caryed awaye ij belles1 then and ther beyng of the said
inhabytauntes and defaced the cage made and prouyded for the
said belles and on the next daye folowyng the sayd ryotouse
persons in lyke forcyble manner ryotouslye assembled came to
the said Chapel of Catcote and with lyke force dyd plucke up
the founte ther and brake the same and also the seates made for
the sayd inhabytauntes of Catcote wythin the said Chappell
and the pulpyt within the sayd chappell and brake downe
the glasse wyndowes of the sayd chappell and the wyndowes of
the said chappell and the iron of the sayd wyndowes hath taken
awaye & brought home to the house of the said William Coke
at Catcote aforesayd and the same chappell hath unterlye (sic}
defaced contrarye to your graces lawes and to the great yll
example of all suche malefactors yf condygne punysshement be
not for them prouyded in that behalf. In consideracion whereof
yt maye plese your highnes to graunte your most gracyous
letters of privye seall to be dyrectyd to the same William Coke
Rycharde Coke & Robert Capron commaundyng them and
euerye of them by the same letters personallye to appere before
your highnes most honourable councell in your highnes moste
honourable courte of the Sterre Chamber at a certayn daye to
answere to the premisses, &c.
Thaunswer of William Cooke and Richard Cooke to the
bill of complaint of Richard Hoggden clerk & John
Cole.
The seyd defendauntes saye that the chappell in the seid
bill callyd Catecote chappell was a chauntery presentable and
1 According to the survey the chapel had three bells in the steeple,
and a sanctus ben", as well as two " leche" bells which were in the custody
of William Cook, Somers. Chatit., p. 66.
2 P
290 &tar Chamber
was knowen by the name of the chauntery of Catecote and was
indowed with one capital! messuage xxiiij acres of land meadow
and pastuer and certeyn tythes and other profyttes to the yerly
value of iij li vjs viijd1 and hathe alweis paid first frueth and
tenthes to thuse of our late souereign lord kinge Henry the
viijth which seyd chauntery of Catecote came to thandes and
possession of our souereign lord the kinges majesty that now
is by reason of the acte of parlyament made for the dissolution
of chaunteries and collegys by reason whereof his highnes was
thereof seasyd in his demeane as of fee accordingly and his grace
so being thereof seasyd by his gracys letters patents bearinge
date the vjth daye of June in the fivith yere of his majesties
raigne2 gave and grauntyd the seyd late chauntery with thap-
purtenaunces togeather with the seyd messuage xxiiij acres of
land meadowe and pastuer with thappurtenaunces to Wyllyam
Morice3 and Edward Isaak esquyers to haue to them and their
heiers in fee symple for euer by force whereof the seyd William
Morice and Edward Isaak were thereof seasyd in their demeane
as of fee and they being of the same so seasyd, a two yeres past
or theraboutes bargayned conveyed and assueryd the same
chapell mesuage & xxiiij acres of lond to the said deffendaunt
Wyllyam Cooke to haue to hym and his heiers for euer by force
whereof the seid defendaunt Wylliam Cooke entryd in to the
premysses and was and yett is thereof seasyd in his demeane as
of fee accordingly and so seasyd in peaceable and quyett manner
about the tyme in the seid bill specified defaced the seid late
chauntery in the seyd bill callyd a chappell and the glasse and
iron of the windowes of the same dyd take and carry away as
lawfull it was for hym to doo without that that &c.
Appended is the replication of Richard Hodgedon & John
Cole wythe other thinhabitauntes of Catecote to the answere of
William Coke & Richard Coke.
The sayd complainauntes sayen that the sayd chapell was
founded about two hundred yeres paste only for the ease of the
inhabitauntes of the sayd village wherin be xxx howseholders
conteynyng vij score people or theraboute of all ages wyche
1 It is valued at £4. in the chantry certificate. Ibid.
2 I55I-
3 He was evidently one of the commissioners. (See above, p. 286, n. 3.)
£>tar Chamber Cages. 291
village is distaunte from the parisshe churche of merlynche a
myle & more and apon the fyrste buildyng thereof the lorde &
ownor of the sayd village & manor of Catcote1 dyd gyue unto
the mayntenaunce of a chapelyn to serue ther for the ease of the
sayd inhabitauntes a tenement with xxiiij acres of lande pasture
& medowe for the better sustentacion & mayntenaunce of the
sayd chapelyn and the parson of Morlinche wythe the assent of
the Abbotte of Glastonburye then being patron of the churche of
Morlynche2 & ordinarie there as of a peculier dyd graunte unto
the sayd chapelen thatt he & hys successors sholde haue all
altilages3 & small tythes rysyng wythin the sayd village of the
inhabitauntes there wythe certen busshells of greyne of the seyd
inhabitauntes amountyng to xvj busshells by the yere for hys
sustenaunce & leuyng to thentente the sayd chapelyn & other
hys successors sholde dwell wythin the sayd village & ministre
unto the sayd inhabitauntes all maner of sacramentes & sacra-
mentalles there excepte only buriall and to singe & saye there in
the sayd chapell to the sayd inhabitauntes diuine seruice on the
holye dayes as by a muniment of a composition founde in the
howse of Glastonburye ytt maye appere and so alwayes continued
untyll that upon commission awarded to taxe the tenthes &
fyrste fruictes of all spirituall promocions wythin the shere of
Somerset because the sayd composition was not seen nor copye
therof had the chapelyn att that tyme of the sayd chapell dyd
presente the same as a chauntry before the commissioners then
by the kynges maiesties commission appoincted to enquier of the
valeue of all spirituall promotions wythin the diocesse of Bathe &
Welles wyche chapell was then presented in the name of a
chauntry to be in landes yerely xiij.? iiij^f & in altilage & small
1 The owner of Catcott manor in 1346— about 200 years before the date
of this suit — was John de Cadicote. It had formerly been held by John
Basset. Feud. Aids, iv, 350. No record of the institution of this chapel of
ease has been found.
2 Glastonbury Abbey had held Mooriinch from an early date (V.C.H.
Somers., \ ; Glaston. Ing. (Roxburghe Club) ; Glaston. Rentals and Surveys
(S.R.S.)), and the abbots had been patrons of the parish church. Weaver,
Somers. Incumbents, p. 148.
3 Altarage includes the tithes of wool, lambs, colts, calves, pigs, goslings,
chickens, butter, cheese, hemp, flax, honey, fruit, herbs, and other such small
tithes. Cowell, Interpreter.
292 £>tar Cljamfcir
tythes iij/z v]s viij^f all iiij/z wyche was a very small lyuing for
a preste after upon the view of thatt presentment by the tenthes
& fyrste fruictes the sayd defendauntes wythe others nott
knowynge & being no maner of experience in suche thynges nor
hauing the sayd composition dyd present the same before the
commissioners of the suppression of colleages & chauntries to be
a chauntrye whereas in verye dede there was no fondacon made
therof any chauntrye or seruice of a prest to synge for sowles or
any other seruice then for the ease of the inhabitantes there and
upon commission awarded outte of the sayd courte of augmenta-
cions att the suite of the sayd inhabitauntes unto the buisshoppe
of Bathe & Welles Sir Hughe Pawlett Sir Thomas Speke
knyghtes Thomas Clerke Alexaunder Popham & Richard
Capper esquiers the same was founden to be a chapell of ease &
no chauntry and so certified by them into the sayd courte of
Augmentacions of the revenues of the kynges crowne upon
wyche certificate the depositions & examinations deliberately
harde by the chauncellour & councell of the sayd courte for that
the sayd tenement wythe xxiiij acres of lande pasture & medowe
were before thatt tyme solde by the kynges majestic unto the
sayd Wyllyam Morice & Edwarde Isack hytt was ordred in the
sayd courte that the sayd chapell & all thynges therein sholde
stande & remayne for the ease of the sayd inhabitauntes and
from thence forthe to be used as a chapell of ease for the
ministration of diuine seruice sacramentes & sacramentalles for
the inhabitauntes there and their small tythes & altilages
amountyng yerely v markes wythe the sayd xvj busshels of
corne to goo to the fyndyng & mayntenaunce of a C haply n to
ministre there as by the sayd decree under the scale of the sayd
courte hytt maye appere wyche decre is not reuoked nor
adnulled to the knowlege of the sayd complaynauntes and
forasmuche as the sayd Wyllyam Coke & Richard Coke haue
confessed the spoylyng & defacying the sayd chapell bothe of
the belles cage of tymbre glasse & iron of the wyndowes &c.
wherby the sayd inhabitauntes can nott haue quietly their diuine
seruice there nor sacramentes there administred as they owght &
were wonte, the sayd complaynauntes prayen this most honorable
courte that the sayd Wyllyam Coke may be enioyned by the
same to restore all suche thynges by hym or any other by hys
Cfjambtr Casts. 293
commaundemente taken outte of the sayd chapell & sufficiently
to amende the same in lyke case as hytt was before hys defacyng
thereof wytheout that1 &c.
Clyfton u. Wylliams and others.
VOL. X, No. 3. DATE: 1552-8.
To the Kynge our Soueraigne Lorde.
In mooste humble vvyse shewethe unto your mooste excellent
maiestie your humble & faythfull offycer & obedyent subiecte
Wylliam Clyfton esquyer2 that wheras he ys mooste laufullye
seased in his demeane as of fee of and in the manor & parke of
Baryngton with thappurtenaunces in the countie of Somerset
which parke ys & hathe byn tyme owte of mynde replenysshed
with dere and that your said supplyante and all other whose
estate he hathe of & in the said parke tyme wherof mynde of
1 The decree in this suit is quoted by Collinson (vol. iii, p. 432) from Harl.
MS. No. 6967. The plaintiffs succeeded in proving that the chapel was a
chapel of ease. Cooke was ordered to make good his depredations, and to
surrender a lease of the tithes obtained by him from the Court of Augmen-
tations. Cooke, however, was not satisfied, and the next suit to the Star
Chamber was made by him by way of an appeal from the previous decree
(Star Chamber Proc., Philip and Mary). In a third suit he was again the
defendant.
An institution to Catcott was made by John Newton in 1 566, when he
presented William Beseker (Somers. Incumb., p. 47). Ultimately, whatever
may have been the final decision of the Star Chamber, the revenues of the
chapel were appropriated to secular uses, as in 1582 the "free chapel or
chantry of Catecote in the parish of Moorlinch, with all tithes belonging to
the same chapel or chantry," were granted to Theophilus Adams (Pat. 25 Eliz.,
pt. iv). Catcott did not become a separate parish until the i8th century.
2 William Clifton had acquired the manor of Barrington by purchase
from Henry, Duke of Suffolk, in 1552 (Collinson, iii, 113). It had been the
property of the Daubeney family, being held by Henry, Earl of Bridgwater,
in 1543 (Feet of Fines, Div. Cos., Mich., 35 Hen. VIII.). On his death
without issue in 1548 it was granted to Henry, Duke of Suffolk. (Pat.
6 Edw. VI., pt. ii.)
William Clifton held the manor at his death, between July, 1562, and
November, 1564 (Somers. Wills, ed. Crisp, iv, 14), when he was followed by
his son, Sir John Clifton, kt., who died seized of it. (Inq. p. m., ser. ii,
vol. 237, No. 131.) The arms of this family are given in Somers. and Dorset
N.andQ.,\v, 153.
294 ^tai* Chamber
man ys not to the contraye have used and had libertye of parke
and free warren withyn the same grounde that is nowe enclosed
round abowte with pale, conteynynge by estimation one Myle
compasse or nere there abowte ; so it is and it please your
Highnes, that the nyght ensuynge the xxijth daye of January
laste paste at two of the clock after mydnyght, one Osmond
Wylliams of Ilmyster in the said countie of Somerset, barbor,
Walter Trotte of \blank\ Thomas Cobbe, Hughe
Huggons, gentylman, Cuthbert Rose, gentelman, Lawrence
Hutchynne, Ambrose Went, rioutouse and evill disposed
persons, being arrayed with bowes and arrowes, pykes, staves,
swerdes, daggers and other weapons, mooste ryotouslye and
unlawfullie assembled themselfes at Baryngton aforesaid, and
there entered the said parke of your said supplyantes, and the
game of dere there founde did then and there hunte and chase
tyll suche tyme as they had perceyved the kepers of the same
game to be wetchinge in the said parke, and therapon fledde,
(sic} where one of the said riotouse persons called Walter Trotte,
beinge in the house of the forsaid Osmond Wylliams one of his
confederates, wherunto he was pursued by one of the kepers of
the said parke by the drawinge of a hounde, fled owte at a backe
dore of the said house and lepid over a walle, and so gate awaye,
agenst the peace of your Highnes, to the hurte and damage of
your said orator and the very evill example of all other which
shall attempte the lyke (yf spedie redresse be not herin hadde
and obtayned at your mooste graciouse handes). In con-
sideracion whereof and forasmuche as your said orator is for the
moost part here within the cytye of London attendante in the
service of your Maiestie, and therfore the lesse abell to with-
stonde the malyce of such offenders, yf yt be not by the helpe of
your lawes and spedie mynystracion of justice in the same. It
may therfore plese your said Maiestie to grante unto your said
Orator your mooste gracyous writtes of subpena to be directed
unto the said Osmond Wylliams and the others, commaundinge
them at a day certayne and under a certayne payne therin to
be lymyted personally tappere before your moost honorable
counsaile in your Starre Chamber at Westminster etc.
J^tar Chamber Cajfetf. 295
Bailiff and Inhabitants of Carhampton1 u. Chamberleyn.
VOL. VI, No. 107 [DAMAGED].
Bailiff & inhabitants of Carhampton v. Chamberleyn.
To the kyng our soueryagn lorde.
In mooste humble wyse shewythe and compl . . . unto
your hyghnes your trewe & faythefull ... of the towne of
Caramp ... of Somersett with all other the inhabytauntes
of the seyd towne that where of auncyent tyme they haue usyd
to ... dyuerse statutys & lawes therefore made . . .
good statutys & lawes so made dyuerse commaundementes
hathe byn gevyn by your hyghnes & the lordys of your . . .
to kepe watche uppon the see costys & all . . . throwe your
countye of Somersett for the preseruacon of thys your gracys
royalme & your pore subyectes inhabitauntes . . . whiche
commaundementes so gevyn your trew . . . the inhabi-
tauntes of the townes of Carampton aforeseyd Treborowe &
luckysborowe haue yoned2 them selfes to ... hey euer
haue usyd & trewly haue kept the seyd . . . upon the see
costys next adyonyng to the seyd towne of Carampton untyll
now of late that ys to sey yn Apryll last paste that there
was a newe com...ent yn wrytyng gevyn by your hyghnes
honerable coun . . . the seyd inhabytauntes of the seyd
towne of Carampton to kepe watche there accordyng as they
have accustomably usyd afore thys tyme wheruppon the seyd
inhabytauntes of the . . . Carampton by vertue of the seyd
letters requyred the inhabytauntes of the seyd towns of Tre-
borowe & Luckysborowe accordyng to the tenure of the seyd
letters & accordyng to ... to kepe watche with them
1 The manor and hundred of Carhampton belonged to the Mohuns and
Luttrells of Dunster Castle. Many of the accounts of the bailiff of the
hundred of Carhampton have been preserved in Dunster Castle, and are
quoted by Sir Henry Maxwell Lyte, Dunster and its Lords. The lords of
Dunster had taken "wreck of the sea" along the coast of the hundred for
centuries (p. 295), but this duty of keeping watch and ward was a national
not a manorial, obligation. The date of this suit has not been fixed, but it
may have been in the reign of Edward VI.
2 ? joined.
296 g>tar Chamber
whyche to do they and euery of them by the only yntysement
& procurement of one John Chamberleyn of Treborowe1 afore-
sayd William Sytterfen of Luckys[borowe]2 . . . John
Dunscomb of Luckysborowe aforeseyd Symon Coly of Luckys-
borowe aforeseyd John Bedon of Luckysborowe aforeseyd and
Thomas Grenslade of Luckysborowe aforeseyd husbondmen
. . . syns utterly refused & yet dothe contrary to ther seyd
custome & usage & contrary to the seyd commaundement before
gevyn & for as moche as the seyd towne of Carampton ys
adyonyng to the see coste were the watche ought more surely
to be kept for the preseruacon of all the countre ther and also
ys smally ynhabyted they of them selfes are not able nor darnott
for so smale company to kepe the watche as they ought to do &
so the watche ys lykely to be unkept unless spedy remedy be
by your hyghnes hadd yn thys behalf?. In consyderacon wherof
yt may therfore please your hyghnes of your abundaunt grace
to graunt your graces seuerall wryttes of subpena to be dyrectyd
to the seyd John Chamberleyn William Sytterfen John Dunscomb
Symon Coly John Bedon & Thomas Grenslade commaundyng
them & euery of them by vertue of the same personally to
appere before the lordes of your most honerable counsell yn the
Court of Ster Chamber, ther to aunsvver to the premyssez.
1 The Chamberlayne family were settled in West Somerset about this
date. Elizabeth, the daughter of Richard Chamberlayne, of London, who
had married Hugh Stewkley, lay rector of Dunster, died in 1598. (Maxwell
Lyte, op. tit., 413.)
2 This is probably the William Sydervin, of Luxborough, whose will was
proved 16 May, 1572. (Somers. Wills, ed. Crisp, iii, 90.) The Syderfins
later owned the manor of East Harwood in Luccombe and other property
in West Somerset. (Chadwyck Healey, pp. 43, 150, 374.)
SUBJECT INDEX.
A.
Account books, 93, 156-7.
Actions,
of debt, 263.
of trespass, 186, 236.
upon the case. 231, 233, 234, 236-7,
238.
Acts of Parliament, 2, 4-7, 12, 15-7,
24, 30-4, 36, 39, 39 («• 2), 40 (n. i),
49 (*• i), 115, 199, 233, 240, 275,
282, 287, 290.
Adultery, 146.
Advowsons, 72 («. i), 81 («. i), 88 («.
i, n. 2), in («. i), 129 («. 1-3), 130
(n. 2), 133 (n. 3), 142, 149 (n. i, 2),
151 (n. 6), 161 («. 3), 179 (». 4), 188
(«. 2), 203 (». 4), 264 (n. i), 293 («. i).
Affidavit, filing of, n.
Aldermen, 26, 145-7, 148.
Allowances of food and drink, 28, 78.
Almoner, King's, 32, 216-25.
deputy of, 32, 216-25.
Alms, 158.
Alterage, 228, 291.
Anniversaries, 158-9.
Answers of defendants, 8, 11-2.
Arbitrators, award of, 177, 231, 237, 239.
Armour, backs, 22, 283-5.
breastplates, 22, 283-5.
brigandines, 22, 6 1.
bucklers, 22, 82, 92, 94, 112, 121,
132-3, 143, 163, 171, 199, 201, 212,
245, 267, 269.
jackets, 61.
sallet, 22, 61.
target, 268.
Arms, axes, 22, 25, 122, 135, 144.
"battes," 22, 79, 269.
bills, 22, 57, 66, 69, 92, 112, 119,
122, 132, 143, 146, 171, 187, 192, 199,
201, 268, 274, 28l.
Arms, bows and arrows, 22, 25, 36, 57,
52, 61, 82-3, 92, 112, 127, 140-1,
144, 171, 187, 192, 199, 214, 269,
274, 281, 283-5, 294-
" brusshe soke," 118.
cross bows, 82.
daggers, 22, 112, 121, 133, 143,
163, 215, 241, 291, 294.
fire-scrape, 22, 103.
glaives, 192, 201.
halberds, 22, 122.
hand guns, 22, 61, 268.
hatchets, 22, 25, 135.
knives, 66, 210.
otter-spear, 22, 210.
pickforks, 80, no, 176, 283.
pikes, 22, 275, 281, 284-5, 291,
294.
staves, 22, 66, 69, 92, 101, 103,
III-2, 122, 133, 143, 163, 171, 176,
187, 199, 201, 241, 267-8, 275, 28l,
291, 294.
swords, 22, 57, 66, 69, 82, 92,
1 1 1-2, 121 2, 127, 132-3, 143, 146-7,
163, 171, 199, 201, 209, 210, 212,
241, 243-5, 265, 267, 269, 294.
wood knife, 215. .
Arrest, 63, 134, 135, 144, 148, 213, 255.
Assize Courts, 37, 208, 211, 218, 255,
258, 260.
Attorney -general, 5, 16.
Attornment, 177.
Bailiffs, of Bath, 25, 126 (n. i), 134-5,
143, 146, 158.
of Bishop of Winchester, 255.
of Cannington, 218, 222-5.
of Kilmington, 213, 218.
of Carhampton, 295.
2 Q
298
Bailiffs, of Crewkerne, 113.
of hundred, 295.
of manor, 230.
Ban dogs, 29, 214.
Bargain, 78, 128, 166, 177, 180-2,
183.
Barley, 261-4.
Bill of complaint, 8-1 1, 12, 21, 24, 39,
66, 109, 113-4, "7> 119-20, 122, 131,
136-7, 193, 196-7, 202, 216-7, 235,
238, 242, 245, 248, 256, 270, 272,
283, 289.
alleged uncertainty of, 39, 49, 116,
136, 216, 248.
Bishop^, 5, 7, 15, 36, 39 («. i), 81, 128,
136, 138, 151-5, 157, 233, 237, 292.
Boars, wild, 29, 214-5.
Bond of Obligation, 140, 143, 245, 262-3.
Brawn, 29, 210.
Brewhouse, 35, 48.
Bridges, 59.
Burglary, 252-60.
C.
Calendars, of Star Chamber, decrees, 14.
Record Office, 14.
Cathedral, 131, 142.
Cattle, 30, 48, 63, 85-7, 116-20, 175,
201, 210, 217, 223, 237, 239, 241-3,
245, 248, 258, 260, 266, 268-72.
Chalice, 43, 45, 89.
Chamberlain, Lord, 3.
Chancellor, Lord, 3, 7-10, 12, 15, 17,
62 (n. i), 184, 210, 216, 267.
Chancery, Court of, 10, 37, 128, 131.
Chantries, 23, 92, 273 (n. 2), 286-93.
Chantry priest, 92.
Chapels, 23, 39 (n. i), 286-93.
Chaplains, 47, 112, 119, 172, 205, 286-
93-
Chattels, re-delivery of, 191-225.
distraint of, 190, 197, 243.
impounding of, 191.
theft of, 227-9, 245-
valuation of, 217-9, 221, 224-5.
Cheese, 224.
Church aisle, 121.
ale, 230 (n. 2), 234, 237.
bells, 22, 23, 6l, 288-9.
Church books, 182-4.
dues, 123-5, 232.
font, 23, 289.
goods, 40, 42, 44.
house, 259.
jewels, 40, 42-3, 45.
lands, 42, 44, 56-62, 66, 75, 103-7,
225, 233.
pew, 23, 121-5, 289.
- plate, 35, 42, 45, 89.
rents, 40, 41, 44.
stock, 234.
vestments, 45.
wardens, 122-5, 286.
yards, 213, 215, 232, 235, 288.
Churches, 22-3, 36, 39 («. i), 40, 56-
63, 72 (n. i), 75, 88-9, 9i, i°3~4,
121-6, 131-2, 142, 154-7, 183, 194,
225, 230, 232-3, 286, 291.
Clerk, of Star Chamber, 4, n, 14.
Closes, 90-1, 97, 119, 202, 278-86.
Cloth trade, 34, 36, 145-6.
Commission, appointment of, 10, 13, 14,
80, 138, 181, 192, 235, 288.
" dedimus potestatem" 13, 181, 193,
196.
for survey of chantries, 286-93.
for valuation of spiritualities, 291.
of rebellion, u.
to take evidence, etc. 75, 80, 138,
178, 192, 202, 237, 288, 291.
Commissioners, u, 13, 14, 97, 108, 138,
144-5, IS1, '57, l84, 207, 211, 235-6,
238-9, 286-7, 290-2.
Common law, 66, 75-6, 85, 109-10, 116,
129, 186, 196, 201, 243, 248.
Comptroller of Hanaper, 246.
Confessions (in ore temis procedure),
rules as to, 20.
Constables, 22, 31-2, 61, 113, 212-4,
253-5, 258-9.
Contempt of court, n, 37, 120, 186, 267,
276.
Contempt (of sheriff), I2O, 276.
Conveyance in the law, 270-1, 277-
Copyhold tenure, 128, 180-4, 186-7.
Corn, 33, 74, 79, 108-9, IS2, 163, 166,
170-1, 173, 220, 229 (n. i), 261.
rent, 261-4.
pick, 22, 285.
Coroners, 32, 217-25.
Subject
299
Corrodies, 35, 41, 44, 46-7, 49, 134
(«• 2).
"Cosyner," 157,
Council, King's, 5-7, 9, 10, 12, 15, 17,
18, 20, 26, 33, 34, 147, 161, 166, 230,
287.
committee of, 16.
letters of. 234, 237, 287.
lord president of, 1 6.
lords of, 7-10, 15, 16.
minutes of, 5 («. 2).
records of, 4.
of the West, 35, 232-3, 236.
order in, 20.
Counsel, legal, 9, n, 97, 156.
Court rolls, 13, 28, 64 (n. i), 70-2, 1 12
(«. 2), 181-4, 1861 201-2, 204.
copy of, 70-3, 76, 77, 181-4,
186, 201-2, 204-5, 228, 229.
of Audience, 37, 62.
auditor of, 63.
of Augmentations, 23, 219 (n. i),
261-4, 287-92.
chancellor of, 262, 287, 292.
decree of, 288, 292.
of Common Pleas, 37, 191 (n. i),
197.
of King's Bench, 213.
of Requests, 62 («. 2).
of Star Chamber, see Star Cham-
ber.
Courts, Hundred, 235.
Manor, see Manor courts.
Shire, 271,
Cross, highway, 68,
bath (at Bath), 159.
Covenant, 131.
Coverture, 177-80.
Custom of London, 263.
D.
Damages, claims for, 75.
Debts, 44, 167, 177.
Deeds, 13, 51, 54, 73~4, 78, 93, 97~8,
103-4, 154-6, 162, 175, 177-8, 180-1,
183-4, 198, 202-6, 226, 240, 245, 260,
274, 277-8, 281.
alleged tampering with, 78.
Deer, 28, 36, 37, 74, 79, 82, 83, 214,
293-4-
Defendants, rules as to, 8-10, 20-1,
28.
Default, 191.
Depositions, of defendants, 12, 58, 193,
202, 206, 221-4, 243-6.
of witnesses, 8, 13, 14, 25-6, 67-8,
71-2, 87-8, 97-8, 103-8, no, 178-
80, 181-4, 192-3, 196, 207-16, 221-4,
237-9, 249-51, 283.
Disorder, prevalence of, 7, 8, 16, 21, 22,
24, 146-8.
Distraint, 64, 87, 116-7, 17^>> 186, 191,
201, 207 (n. 7), 237, 239, 241-3, 245,
268, 282-3, 284- See also Distress.
Distress, 30, 86 (n. i), 116-20, 164,
166, 190, 234, 241, 242, 244, 268, law
as to, 30, 175 (n. 3), 241 (n. 3).
Ditches, 59-62, 187.
Dogs, 28-9, 74, 75, 79, 210, 214, 294.
Dower, 84.
Drunkenness, 257-60.
E.
Enclosures, 28, 33-4, 66, 72-83, 85,
187, 294.
Evensong, 194.
Evidence, rules as to admission of, 13.
Excommunication, temporary, 63.
Execution of thief, 208, 212, 216.
Executrix, 182.
F.
Family disputes, 23, 50-5, 282.
Farms, 26, 34, 47, 141, 147, 149, 260,
261.
Fees, 135, 208, 211.
Felony, 30, 135, 139, 140, 208-9, 212-3,
247, 252-60.
Ferry, 94-110.
Fetters, 133, 143.
Fields, open, 163, 274.
Field names, 188-9, 274, 278-9, 280.
Fines, for entry on lands, 28, 41, 46-7,
70, 74, 76, 78, 84, 85, 128, 162, 167,
202-4, 274.
300
Subject
Fleet prison, 262, 265.
Forcible entry, 43, 52, 92, 114-6, 119-
20, 127, 189, 199, 201, 227, 241, 263,
265, 267, 269-72, 281.
Forgery, accusation of, 115, 120, 181,
184.
Frank pledge, view of, 246.
Fraternities, 48. See Gilds.
Free arms, 103, 151.
Freehold, 90, 91, 95-6, 107, 162. 189,
240, 248, 279.
Freeholders, 227, 247.
Freewarren, 294.
G.
Gaol, 134 («. 7), 137, 213.
delivery, 213, 251.
Garden, 159, 174 (n. 3), 278.
Gilds, 33, 36, 48 (n. 2).
Glebe lands, 162, 165-6, 168.
Grass, alleged damage to, 74, 86.
Greyhounds, 83.
H.
Hay, 109, 279, 280, 284.
Hedging bill, 119.
Hemp, no.
Heresy, accusations of, 19, 232-9.
Heriot, 266.
Highways, 65-8.
Hollands, canvas, 93.
Horse meat, 161.
Horses, 28, 74, 79, 149, 201, 208, 211-2,
215, 217, 223, 241, 255, 260.
Hospitality, 146, 151, 226.
Hot bath (at Bath), 129 (n. 2), 135 (n. 7),
159.
House of Commons, oath taken by, 24.
petitions of, 24.
restraining activity of Council,
39 («• 2).
of Lords, Committee of, 14.
oath taken by, 24.
Household goods, 31, 33, 92-3, 217,
218, 223-5, 269. 273.
Hundred Courts, 235.
Hunting, unlawful, 81-3, 214, 294.
Husbandmen. See Trades.
I.
Impounding of cattle, 30, 175, 191, 243,
249, 268, 271, 283.
Indentures, 54-5, 84, 98, 183, 261, 274,
277-8, 281.
Indictment, 137, 140.
Indorsements, 40, 43.
Informers, 20, 24.
Injunctions, n, 108, 114, 165, 166, 185.
206, 216, 242, 244, 263, 272.
Imprisonment, 19, 114.
Inquests, 32, 140, 217-25.
Intercommoning, custom of, 248 («. 2).
Interrogatories, 12, 20 (n. 3) («. 4), 87,
117, 119, 141, 145, 150, 151, 153,
156, 157, 159, 160, 161, 163, 172,
177-8, 206, 221, 235, 238.
answers to, 117, 119, 141-4,167,
172-4, 177-8, 221-4, 235-7.
Inventory of Goods, 218, 219, 223, 224.
Jewels, 42, 92.
Jointure, 264.
Judges, common law, 4, 15-17.
of the Common Pleas, 7» 2Sl
(n. 2).
of the King's Bench, 7, 15.
of the Star Chamber, 3, 15-17.
puisne, 16.
Judgment of, 1453, 15, 17.
Jury, 218-25, 251-60, 263.
Grand, 31, 275.
Juries, corruption of, 7, 21, 31, 33, 140.
evidence placed before, 218, 222,
256-60, 263.
indictment by, 24.
intimidation of, 21, 31, 33, 140.
verdict of, 31, 32, 218, 221-3,
256, 263.
Justice, Chief, 18.
Justices, of assizes, 208, 214, 251-2, 256,
282.
of the peace, 24, 53, 137, 139, 140,
143, 145, 148, 207 (n. 3), 209, 21 1-2,
214, 252, 256, 259, 270, 275, 282.
Subject
301
K.
Keepers, 214, 215, 294.
Keys, 143, 222, 252, 256, 259.
King, forms of address to, 9.
Labourers, 85, 193, 269.
Land gable, 158.
Landlord, 232, 234.
Law costs, 161, 238.
courts, common.
day, 146, 250.
Leases, 28, 97, 119, 126-9, 149, 159-
61, 163, 165, 167-70, 176, 178, 180,
183-5, 201, 203-4, 226, 260-4, 274.
276, 278, 281, 283.
Leather, 212.
Ledger, produced as evidence, 212.
Letters, 160-1, 167, 168, 205, 209, 211,
224, 234, 237-8.
of attorney, 183.
of denunciation, 63 (n, i).
of Execution, 63.
patent, 246, 290.
of privy seal, 7, 9, 52, 58, 66, 69,
231, 237, 262-3, 287, 289.
of subpoena, 109.
Libel, 33.
Liberty of Bishop of Winchester, 255.
License (from bishop), 129, 136, 138,
153-4-
Liveries, 7, 24-5, 49, 160.
Livery and maintenance, 7, 18, 24, 24
(«. 5), («• 6), 25.
coat, 159.
of seisin, 176, 245.
M.
Magna Carta, 49.
Maintenance, 7, 18, 21, 24-5, 28-9, 52,
66, 69, 86, 89, 104, 113, 115, 119,
120, 128, 135, 137, 139-40, I45»
189, 200, 208, 241, 267-8, 270, 274,
277.
Manor courts, 50 («. 2), 63, 69-73, 99t
128, 171, 181, 200-6, 228-30,
250.
Manor customs, 67, 77-8, 186, 201, 202,
205, 228-30, 246-51.
Manors, 35, 46, 47-8, 50-55, 58-62, 64
(«. I, 2), 65 (n. I), 72 («. i), 73, 76,
80 («. 4), 81 («. 3), 82 (n. 2), 84 («. 3),
90 («• 2, 3), 94, loo («. i, 2), 102
(n. i), 108 («. 2), no («. i), in («. i),
112-4, 114-20, 121 (n. 5), 126 («. J,
2), 133, 175. 178 (n. 5), 179, 181, 181
(«. i), 186-7, 188 (n. 2), 190, 190
(n. 2), 200-6, 207 (n. i), 216 (n. 3),
225 (n. I), 229 (n. I), 232 (;;. i), 235
(«. 2), 239 («. 2), 228-30, 241, 242,
244 (n. i, 3). 245, 246-51, 259 («. i),
260 («. i), 260-4, 267 (n. 3), 268 («. i),
273 (»• i), 274 (». I), 288, 291, 293-4,
295 («• i).
Mansion houses, 39 (n. i), 72 (n. i), 87,
91 (n. 2), 116, 122, 124, 268.
Manumissions, 41, 47.
Manuscripts in British Museum, 3
(n. i).
Market days, 232.
towns, 27, 69.
Markets, 233.
Marriage, covenant for, 51.
Mass, 193-4.
Mastiff, 210.
Matins, 123, 193.
Mayors, 26, 41, 137-9, 143, 145-6, 148,
278.
Meadow land, 84, 90, 92, 97, 112, 139,
140, 162, 171, 198, 228, 260, 274,279,
290.
Medicine, 149, 150.
Merchandize, 93.
Merchants, 48.
Messuage and lands, 69-72, 84-8, 90-1,
97-8, 112, 121, 126-9, 188-90, 198,
264, 273-86, 290.
capital, 268, 273-86, 290.
Mill, 47, 147 («. 3).
Money, 227, 252-60.
Moors, 56, 58, 73, 76, 170-4.
flooding of, 56-62, 171-4.
Mortgages, 41, 45-
Mortuaries, 235-6, 238, 239.
Murders, 5, 32, 33, 91, 150, 216-25.
302
N.
Nets, for deer, 36.
Night, brawling by, 146, 187.
burglary by, 252-60.
hunting by, 81-3, 294.
rioting by, 58, 82-3, 187, 267-8.
Non-suit, 263.
O.
Oath, examination of defendant on, 7,
II, 12, 43.
examination of witnesses on, 13.
Oaths, retaining by, 7.
Oats, no.
Obits, 158-9.
Oblations, 89, 288.
Obligation, bond of. See Bond.
Order-in-Council, 20.
Ore tenus procedure, 20.
P.
Pardon, royal, 231, 233, 238.
Parks, 34, 36, 73, 76, 79, 81-3, 83, 293-4.
Parliament, I, 7, 24, 37, 39, 199. See
Acts of Parliament.
Parishioners, 230.
Parsonage, 27, 75, 88-9, 149, 161-70,
182, 261, 263.
Passage, right of, 60.
Pasture, common of, 58-62, 72-81, 198.
Pastures, 84, 90-1, 171-4, 186, 198, 228,
240-2, 248-51, 260, 273, 278, 290.
Patron, 129, 153, 291.
Patronage, 129-31, 136, 141, 151-3,
1 60.
Peace, bond to keep the, 1 34.
King's, 147, 148, 191-2, 197,280-1.
of the Lord Chancellor, 210.
God's, 281.
Peculiar, ordinary of, 291.
Peer as defendant, 9.
Pensions, 35, 41, 44, 45-7, 157.
Perjury, 33, 233.
Peter's pence, 233, 235-6, 238-9.
Physician, 27, 149.
Pillory, 20, 134 (n. 7).
Pittancer, office of, 1 59.
Plaintiffs, rules as to, 8-11, 21, 27-9.
Plough beasts, 74, 86-7, 119.
Ploughing, 27, 74.
Ploughs, 28, 74, 78, 210.
Pounds, for cattle, 30, 175, 243, 271,
285.
Prerogative, royal, I, 20, 33.
President, Lord, of Council of West,
236.
Press, control of, 34.
Prices, of barley, 261-2.
of cattle, 88, 255.
of horses, 207, 255.
of sheep, 268.
of wheat, 261-2.
Priests, 63, 158, 182, 192, 210, 226,
235-6, 238, 265, 292.
stipend of, 158, 291-2.
Prison, 134, 140, 148, 263, 282.
Privy Seal, Lord, 3, 7, 15-7, 232 (n. 2),
236-7.
letters of. See Letters.
Proclamation of a fine, 78.
of rebellion, II.
Proclamations, offences against, 33.
Proctors, 158.
Purses, 135, 140, 144, 150, 252-4, 256,
258-9.
R.
Rack, 20, 134 (n. 7).
Rebutter, 12.
Recognizances, 215, 255.
Rectories, 26, 47, 164.
Rectors, 20, 62 (n. 2).
Refectory, 45.
Rejoinders, 8, 12, 55, 96, 283.
Release, 51, 167-8.
Rent, payment of, 10, 41 (n. i), 53, 64,
73, 85, loo, 101, 116, 157-9, 161,
162-3, 166-70, 198-9, 20 i, 226, 229,
234, 240, 241, 245, 266.
of corn, 260-4.
of wax, 50 (n. 2).
gatherer, 158-9.
Rentals, 157.
Rents, Assize, 157, 159, 161.
Repairs, 156-8, 159.
303
Replevin, 87, 108, 191, 268, 271.
Replications, 8, 12, 54-5, 67, 70, 94,
109,119, 124, 138-9, 165, 272,282,
283, 290.
Rescous, 197.
Rescue, forcible, 144, 213-6.
Retainers, 7, 19, 24.
Retinue, 132.
Reversion, 149, 181, 205.
Right of way, 37, 64-8, 73, 77.
Ring, alleged theft of, 252-60.
Riot, cases of, 5, 7, 8, 18, 19, 21-3, 29,
40, 51, 57, 64-5, 69, 76, 78-9, 82-3,
85-6, 89, 92-3, 95, 109, 1 1 1-2, 114-
20, I2I-2, 127, 129, I3I-3, 142, 144,
163, 171, 173, 176, 187, 189, 191-2,
201, 226-9, 241-6, 265-6, 267-72, 275,
28 , 294.
Rioting, law as to, 21-2, 24.
Robbery, 5, 33, 63, 208.
S.
Sacraments, administration of, 286,
291.
Sanctuary, 208, aia.
Schedule, of misdeeds, 44-8.
of names, 80, 105.
Scotch Border, 5-
Seal of the alnage, 26, 145.
Seals, 54, 78, 98, 103, 115, 120, 151-2,
154, 156, 161, 169, 173, 175, W
204, 205, 226, 260-1, 288, 292.
Seduction, 33.
Serjeant-at-arms, 9, 87.
Serjeant-at-law, 16, 101 (n. i), 106, 251,
256, 264.
Service, divine, 1 21, 124, 286.
Sessions, 223, 249.
at Bridgwater, 275.
at Ilchester, 86, 115, 208,211, 270.
at Wells, 209, 227.
Sewer, or draining ditch, 59-62.
Sexton, 158.
Sheep, 30, 33, 201, 220, 222, 241, 243,
247-51, 261, 268-72.
Sheep farms, 26, 34, 147.
Sheriffs, 53, 80 («. 2), 84 (n. 3), 87,
115-20, 138 (n. 3), 191, 196,200 («. i),
207 (n. 5), 219 («. i), 226 (n. 3), 235
(«. i), 251 («. i), 271, 275, 282, 284,
285.
misconduct of, 7, 32.
servants of, 194, 195, 196.
writ issued to, n.
under sheriffs, 33, 113, 216-25,
276, 282, 284-6.
Shovels, 22, 173.
Siege, of house in Bath, 132, 135.
of house in Englishcombe, 135.
Slander, accusations of, 33-5, 232-9.
Solicitor-general, 16.
Souls, cure of, 156.
Spitting, accusation of, 237.
Staff called " brusshe soke," 118.
Star Chamber, Court of, abolition ot,
i, 14.
Act of 1487, 2, 4-8, 12, 15-7,
33, 36.
action with regard to noting,
22.
appearance before, 114-20.
award of, 185-6.
clerk of, 4, 1 1, 14.
composition of, 15-7.
contempt of decree of, 37,
115, 186.
controversy concerning, 1-5.
dinners, 21.
decrees and orders of, 14, 15,
20, 33, 114-5, "7-20, 185-6, 206,
224.
fees of, 15 («. i), 20.
fines inflicted by, 15, 15 («. i),
18, 19, 27.
freedom from formality of, 8,
14.
judges of, 3, 14-7, 21.
judgments of, 14, 18, 20.
lords of, 3, 4.
meeting place of, 3, 4, 1 6.
notes of business in, 5.
origin of, 1-5.
political activity, 35-7.
procedure, 8-21.
punishments of, 18, 19, 20.
records of, 2, 4, 14, 15.
rapid action of, 8, 14, 20.
relationship between Council
and, 17-8.
sessions of, 17, 18.
3°4
Subject
Star Chamber, sphere of action, 21, 33-4,
36-7, 62 («. I).
unpopularity of, I, 2, 6, 15,
21.
usher of, 4.
Inner, 21.
Stewards, manorial, 2OI.
of Glastonbury, 60, 61, 100 (n. i).
of Wells, 233.
Stocks, 25, 29, 133, 134 (n. 7), 140, 143,
2O8, 211.
Study, 227.
Suicide, 32, 216 (n. l), 218-25.
Summons to appear, 8-1 1, II (n. l).
See Writ of Subpoena.
Surety of good behaviour, IO, 75, 75
(n. 2), 137-8.
of the peace, 10, 75, 75 (n. 2), 135,
139, 148, 208, 210, 211.
Surrejoinder, 12.
Surveyors, 178 (n. 6), 180-3, 261.
Survivorship, estate by, 201.
Swine, 33, 210, 223-4.
T.
Tenants at will, 76, 83, 116.
Tenants for life, 76, 84, 91, 95, 126, 149,
162, 175, 229-30, 240, 248, 261, 264,
278.
Tenants, customary, 228, 232.
Tenements, vacant and decayed, 77, 158-
9, 245, 283.
Tenths and first fruits, annexation of, 291.
Threats, 61, 64, 69, 112, 118, 121, 131,
132, 137-8, 140-2, 147, 149, 152, 209,
211, 242, 265-6, 268, 272.
Timber, 254, 274.
Tithe, 58 (n. 2), 89, 157, 288, 290-1.
corn, 89, 164-6, 288, 291.
of bread, 152.
of cheese, 152.
• of flitches, 152.
Tithing man, 22, 32, 6 1, 213, 252, 256-9.
Tolls for ferry, 95-6, 102.
Trades, Baker, 169.
Barber, 64, 101, 113, 144, 294.
Bead-maker, 232.
Boatman, loo.
Trades. Brewer, 195, 198.
Butcher, 255.
Capper, in.
Carpenter, 191, 193.
Clothier, 26, 36, 271.
Cook, 143, 157, 195.
Farmer, 68, 101, 104, 106, 163,
241, 242.
Gamekeeper, 214, 215, 294.
Glover, 113, 115, 116, 215.
Grazier, 174.
Hayward, 247.
Husbandmen, 79, 83, 85, 90, 98,
109, 126, 172, 179, 181-2, 187, 193-6,
206-7, 209. 2II» 214-5, 228, 260,
284-6, 289.
Labourer, 85, 193, 255, 269.
Mason, 156.
Merchant, 48.
Sexton, 158.
Shoemaker, 1 1 2.
Smith, 112, 195, 226.
Steward, 60, 61, 201.
Surveyor, 180-3.
Tailor, 115, 116, 170, 195, 252.
Tucker, 239.
Waterman, 31, 222.
Weaver, 85, 147 («. l), 158, 194,
196, 238, 239.
Wheelwright, 193.
Yeoman. See Yeomen.
Treason, accusation of, 35, 230-9.
Treasurer, Lord, 3, 7, 15, 16, 17, 21.
Trees, Ash, 85.
Box, 235.
Elm, 85, 250.
Yew, 235.
U.
Uses, 84-5, 100, 119, 198-9, 240, 264
V.
Velvet, 93.
Vestments, 89.
Vicar, 144, 146, 177, 193.
Visar, 23, 265.
Subject
305
w.
Wages, 26-7, 74, 156, 158-9.
Waifs and strays, 37, 246-51.
Wains, 86, no, 215, 217, 279, 283.
Walls, defensive (in moors), 28, 56-62,
171-4.
Warrant of Justices of Peace, 137, 139,
143, 148, 193,205, 211.
Sheriffs, 87, 191.
Warranty, 54-5.
Warren, 79.
Wars of Roses, 6.
Waste on common, 248-51.
Watch and ward on coast, 37, 295.
Wax, 158.
Wearing apparel, 93, 223, 269, 273.
Wharf, 104.
Wheat, 261-4.
Wills, 183, 216 («. 3), 240, 264, 296
(«. 2).
Wine, 143, 215.
Wood, loads of, 66-8.
cutting of, 66-8, 71, 85-6, 250-1.
Wool trade, 34, I45~7-
Writing obligatory, 134, 162, 245.
Writs, appointing commissioners, 80,
138, 144.
capias ad respondendtim, 234.
corpus cum causa, 213.
de rescussu, 197 (n. i).
of attachment, II.
of attaint, 31.
of injunction, 9, 200, 267, 271, 272.
of restitution, 92, 115, 275-86.
of subpoena, 7, 9, n, 25, 64, 83,
9i»93, i°9, "I. "3, "6, 120, 122,
127-8, 131-2, 136, 142, 163, 169, 172,
176, 186, 188-9, 192, 200-1, 216,
227, 229, 231-2, 238, 242, 248, 266,
270, 277, 294, 296.
of summons, 8.
replegiarc facias, 87 (n. 2), 108,
191.
returno habendo, 191.
supersedeas, 236.
supplicavit, 134-5, 143-4-
Y.
Yeomen, 29, 82, 99, 109, 120, 187, 193,
212, 214-5, 226, 249> 269.
Yeomen-of-the-Guard, 186.
2 R
INDEX OF PERSONS AND PLACES.
Abbots Leigh, Abbates Lye, 46, 107.
Abergavenny, Lord, George Nevill, no
(». I).
Abiam, Abyiare Henry, 134.
Robert, 145.
Thomas, 134 (n. 5).
Adams, James, 209, 215.
Richard, 215.
Theophilus, 293 (n. i).
Aleyn, John, 187.
Algare, John, 57.
William, 57.
Allars, Alders, 76, 79.
Aller, Haller, 50, 274, 276, 283-5.
J<.hn, 112.
Almsworthy, 90 (n. 2).
Alye, Thomas, 94-9, 103, 107.
A'Merrick, Richard, 100 (n. i).
Amys, Thomas, 207, 211, 212, 215.
Andrews, Androwes, Henry, 273, 275-
S3-
Richard, 171, 172, 174.
Thomas, 273 (n. i).
William, 273, 277.
Angersleigh, Angerslye, 228-30.
Appowell, John, 144.
Ap Rice, John, clerk, 91.
Ap Thomas, Katherine no (n. i).
Rhys, no (n. i).
Arch, Richard, 151.
Arney, John, 80.
Arnold, Thomas, 101, 102.
Arundel, 287 (n. 3).
Geoffrey, 28, 189.
• Henry, Earl of, 187 (n. i).
Sir Thomas, 64 («. i).
— Thomas, Earl of, 187 (;?. i).
William, Earl of, 187.
Ash, Aysshe, John, 252, 256, 257.
Ashbrittle, Aysshebretell, 90 («. i), 91.
Ashby, Joan, 179.
Ash Priors, 269.
Ashton, 94, too.
Phillips, 98 (n. 2), 100 (n. i).
- Theynes, 94, 95 (n. i), 99.
Asshmede, 278.
Athelney, Abbot of, Richard Hamblyn,
28, 171, 173.
Atwater, att Water, John, 85-7, 97, 98,
191, 193-
Thomas, 87.
Atwell, at Welle, Joan, 41, 44.
Atwood, Awode, George, 187.
— John, 94, 187.
Audeley, Lawes, in.
St. Augustines (Bristol), Abbot of,
William Burton, 94, 96, IOO-6.
Henry Shellingford, 103.
John Newlond, 102, 104, 106.
Walter Newbury, 104.
Morgan Williams, 94 (n. i).
(Canterbury), John Dunster, II, 35,
38-49-
Avon, Aven, 96, 98.
B.
Babcary, 80 («. 5).
Babington, 251 (n. 4).
Eleanor, Ellen, Helena, 126 (« 2),
203.
George, 126 (n, 2), 203.
— Sir John, 153.
Babstoke, Thomas, 193.
Backwell, 72, 198.
Bacon, Richard, 171, 172.
Bademan, John, 82.
Bagborough, West, 90 (n. 3).
of fJersonsi antJ
307
Bailey, Bayly, Bely, John, 215, 216,
222, 223.
Robert, 169.
William, 169 (n. 3).
Baker, Joan, 112.
John, 86, 87, 134, 144.
Richard, 51, 105, 252, 256.
168, 169.
Balorde, John, 134.
Ban well, 82.
Banyard, Robert, 151.
Barber, Barboure, Barbor, John, 46, 48.
Barker, Alice, III.
William, no.
Barkley, John, 101.
Barlow, William, Bishop of Bath and
Wells, 82 (». I).
Baron, William, 87, 88.
Barowe, John, 57.
Barrington, Baryngton, 293, 294.
Walter, 170, 172.
Barrow, North, 212 (n. i).
— South, 212 (n. i).
Barstabyll, James, 171, 173.
John, 171.
Basset, William Robert, 94.
Batcombe, 186.
Baten, Richard, 134.
Thomas, 94, 131, 134, 136, 142,
144
Bath, 26, 36, 44, 46-48, 129, 131, 133,
134, 137, 139, 140, 144. 145, 147,
150-2, 162, 168-70.
Church of St. James', 48.
St. Mary de Stalls, 129 («. 2),
146, 151 (n. 6), 169.
— Hospital of St. John's, 26, 129-31,
136, 138, 141-2, 151-8, 160, 161.
John Bourchier, Earl of, 80 («. 2).
Prior of, William Bird, 129 (n. 2),
154 (n. I).
John Cauntlow, n, 36, 38-
49-
John Clopton, 153.
John Dunster, 38-49.
William Hoi way, 25, 36, 47
(«. 7), 129, 134-8, 141-6, 150, 151,
155-70.
John Ifford, 153.
William Southbroke, 152
(«. i).
Bath and Wells, Bishop of, William
Barlow, 82 (n. i).
Thomas Bekynden, 45.
John Clerk, 81, 136, 138, 151,
154, 233.
Ralph Erghum, 151 («. 10).
Walter Haselshaw, 153, 154.
Oliver King, 39.
— William Knight, 151, 288,
292.
Reginald, 129 (n. 2).
Roger, 153.
Savaric, 152.
Ralph of Shrewsbury, 151
(«. 10).
Thomas Wolsey, 130.
Bathampton, 46.
Bathealton, Bodyalton, 90.
Batheaston, 129 («. 2).
Bathford, 260, 261.
Bath wick, John of, 47.
Baulch, Balche, Thomas, 274.
Bauler, John, 80.
Baynard, Robert, 151.
Beaumont, Beaumond, Joan, 51, 54.
Mr., 181, 183.
Sir Thomas, 50 («. i), 51.
Bedforth, Beddeford, Andrew, 48.
Bedminster, 94 (n. 3), 98, 99-102.
Bedon, John, 296.
Beer, Bere, 50, 53.
Beggewade, John, 1 10.
Beke, Robert, 102.
Bekynden, Thomas, Bishop of Bath and
Wells, 45.
Bekyngton, John, 157.
Belman, Richard, 228.
Bely, John, 216, 222, 223.
Benett, Joan, 255, 260.
Raynold, 228.
William, 171, 173.
(See Bailey.)
Bere, Richard, Abbot of Glastonbury, 58,
80, 151.
Berkeley, 84 («. 2).
Beseker, William, 293 (n. i).
Bewson, John, 134.
Beydon, John, 65, 67.
Biccombe, Bycombe, Bykham, Hugh,
247-51.
— Jane, 248.
John, 247 («. I).
3o8
of
arrtJ
Biccombe, Richard, 247 (w. i).
Bierbecke, Richard, 193 («. i).
Bigod, Begegood, John, 109.
Bilbrook, 65 (n. 2), 174, 177.
Bird, William, Prior of Bath, 129 («. 2),
154 (»• 0-
Bishops Hull, 90 («. 3), 207 («. 6).
Blackford, 65 (n. 2).
Blagdon, 198.
Blake, Humphrey, 253.
Bluet, Nicholas, 90 (n. 2), 202 (n. 2),
245 («. i).
Richard, 90 («. 2), 202 (n. 2).
Robert, 90, 245 (n. I).
— Roger, 202, 205, 206, 245 («. i).
Bodyalton, see Bathealton.
Boldy, Boldeye, John, 252-59.
Boleyn, Anne, 187 («. i), 287 («. 3).
Bolt, Bowlt, Richard, 255.
Bonanter, Bonauntre, , 99, IOO
(«• 3)-
Bonham, John, 150.
Bonneville, Roger de, 152.
Bonvile, Sir William, 51, 52.
Boodriggeweare, 59.
Borow, Burgh, 50, 53.
Bosgrave, John, 163, 164, 166.
Bossington, 244 (n. i).
Botreaux, Sir Thomas, 51 (n. 2).
Boucher, Robert, 1 12.
Bourchier, de Fitzwarine, Sir John, 80.
Boureman, Bowreman, William, Canon
of Wells, 230-3, 235, 237-9.
Bowdon, 194.
Bowe, John, 252, 256, 257, 259.
Bower Ashton, 94, 107.
Bower Hinton, 273 (n. 2).
Bowring, Alice, 94 (n. 3), 98.
Ralph, 102.
Robert, 94 (n. 3), 98-102, 104, 106,
107.
Boyce, Boysse, Thomas, 127.
Bradford, John, 186 («. 2).
Bradley, Margery, 260, 261.
Robert, 260, 261.
Thomas, 260, 261.
Bratton, 122, 124, 241 (n. i), 245.
Jerome, 239 (n. 2).
Seymour, 212 (n. i).
Bray, Sir Edmund, 112-20.
Jane, 112 (n. i).
Bray, Sir Reginald, 112 (n. i).
Richard, 107.
Breane,
Breme, Philip, 269, 270.
Brent, Giles, 188 (n. 2).
Joan, 1 88 (n. 2).
Richard, 188 (n. 2).
William, 188 (n. 2).
Brewer, Bruar, Ellen, 228-30.
William, 228, 229.
Brewham, North, 215.
South, 211.
Brice, John, 98.
Margaret, 98.
Briddesham, 60.
Bridge, Anne, 203, 204.
William, 200, 203, 204, 206.
Bridgwater, 177, 218, 220, 222, 223,
275.
Henry, Earl of, no (n. i), 293
(n. 2).
Bright, Bryght, Joan, 179.
Bristol, 26, 48, 94, 95 (n. i), 96, 97,
102, 103, 106, 107, 145.
Abbey of St. Augustine's, 94, 96,
104-6.
Hospital of St. Mark (Gaunt's
Hospital), 106 («. i).
St. Stephen's Church, 107.
Brook, 190.
Brook, Broke, David, 160.
Elys, 190-3, 195-7.
Isabel, 48.
Jane, 73, 77, 100.
John, 46, 72, loo (n. i), 102, 106.
Thomas, Lord Cobham, 190 (n. i).
Broke, Brokis, Joan, 190.
Brompton, Ralph, 244 (n. i).
Broomfield, 255 (n. i), 268 («. 4).
Brown, Browne, Edmund, 120.
Sir Humphrey, 251, 256.
Simon, 239.
Thomas, 115, 116, 118.
William, 133, 134, 136, 144.
Browning, Brownyng, John, 85, 252
Bruton, 207, 215, 234, 237.
Bryaunt, John, 208, 209, 212-5.
Bryen, Richard, 171-3.
Bryght, Joan, 179.
Bryscowe, John, 135, 144.
Mores, 134, 135, 144.
of -En-Sons antt
3°9
Buckingham, Duke of, 98 («. 3), loo
(n. I)-
Buckland, Bucland, John, 225, 235,238.
Richard, 225 (n. 2), 227.
Bugley, Thomas, Clerk, 238.
Bull, Bulle, Bole, Richard, 83, 85, 87,
88.
Buls, John, 144.
Burden, John, 80.
Burgh, Hubert de, 174 (n. 3).
Margaret, 51 (n. 2).
Sir Thomas, 51 (n. 2).
Burton, William, Abbot of St. Augustine's,
Bristol, 94, 96, 100-6.
Bury, John, 203.
Busshe, John, 80.
Butler, William, 238.
Byrde, John, 145-7, 148, 149.
Richard, 134.
Byscowe, John, 135, 144.
Bysse, James, 239.
C.
Cade, John, 171, 1 73.
William, 79, 80.
Calais, 88 (n. 2).
Calverlegh, Humphrey, 205.
Cannington, 32, 50 (n. 2), 127 («. 3),
216-9, 22I> 222> 224> 225-
Canterbury, Archbishop of, William
Warham, 62.
St. Augustine's, Abbot of, n, 35,
38-49.
Canynges, Richard, 46, 292.
Capell, Giles, 18, 229 (n. i).
Sir Henry, 229, 230, 236.
Isabel, 229 (». I).
Sir William, 18.
Capper, Richard, 292.
Cappis, Cappys, Elizabeth, 264 («. l).
James, 264, 265, 267, 270, 271.
Joan, 267 (n. 3), 271.
Philippa, 264, 267 (n. i).
Robert, 23, 264 («. i), 265, 266.
Roger, clerk, 265.
Thomas, 267, 270-2.
William, 267, 271, 272.
Capron, Robert, 289.
Captyn, John, 171, 172.
Carent, Caraunte, Elizabeth, 84.
John, 190 (n. i).
Leonard, 191, 196.
Sir William, 29, 84-7, 190-3, 196,
197.
Carew, Joan, 50 (n. i).
Peter, 226, 227.
Sir William, 50.
Carhampton, 295, 296.
Carminowe, Carmynowe, Joan, 188
199.
John, 1 88.
William [Carsnyoun], 189.
Carpenter, Richard, 210, 211.
Carter, James, 88.
Richard, clerk, 75, 80.
Carwithan, John, 226, 227.
Gary, Thomas, 251.
Walter, 163.
Castell, A Castell, John, 170, 172.
William, 46.
Castellbrigge, 59.
Castle Gary, 26, 129 («. i), 161, 162,
164, 165, 167, 169.
Catcott, Catecote, 23, 286-91.
John, 1 86.
Sir William, 186 (n. 2).
Cattyn, Robert, 283.
Cauntlow, Cantelowe, John, Prior 01
Bath, ii, 36, 38-49.
Cely, John, 225.
Cerda, William de, 152.
Chalcroft, Robert, 57.
Chamberlayne, Chamberleyn, Elizabeth,
296 («. i).
John, 296.
Ralph, 85.
Richard, 296 (n. i).
Champernoun, Sir Phillip, 179, 180.
Champneys, Champeneys, Chancys, John,
45, 82.
William, 46.
Chapman, John, 68.
William, 142, 143, 146.
Chard, 90 (». 2).
Charley, John, 268-70.
Charlton (Wilts.), 261 («. 2).
Charlinch, 90 («. i).
Charterhouse, 208.
Chaunceler, John, 46.
Robert, 252, 256.
at
Chaunceler, Thomas, 45, 46 («. 2).
Cheddar, 41, 44.
Chelworth, Chelwood, 46.
Chesney, Alice, 126 (n. 2).
Joan, 126 (n. 2).
John, 126 (n. 2), 200 (n. i).
Chester, John, 68.
Chew, Chiew, 82 (n. I), 82, 153.
Cheyney, John, 50 (n. i).
Chidley, , 176.
Chike, Richard, 79, So.
Chilton, 216 (n. 3).
Choke, Sir John, 100 (n. i).
Christchurch (co. Hants), 208, 215.
Chubworthie, John, 204, 205.
Chudleigh, (Co. Devon), 50 (n. i).
Churchhouse, John, 80.
Cirencester (co. Gloucester), 41, 44, 149.
Clatworthy, Clotworthy, 65 (n. 2), 244
(n. i), 269.
Claverham, 72 (n. i).
Clerk, John, 204.
John, Bishop of Bath and Wells,
81, 136, 138, 151, 154, 233.
Thomas, 151, 288, 292.
Cleeve, Old Clif, Old Cleeve, 91, 174-6.
Cleeve, Abbot of, John Paynter, 27,
64-6, 68, 121.
William Dovell, 65 (n. 2),
174, 175. 177-
Cleves, 8 1 (n. i).
Clifton, Sir John, 293 (n. 2).
William, 293.
Cloode, Clode, Edmund, 268-70.
Clotham, 189.
Clopton, 104, 107.
John, 153.
William, 126, 203.
Cloutsham, Robert, 189.
Clyve, John, 85.
Coat, 273 (n. 2).
Cobbe, Thomas, 294.
Cobham, Thomas Brook, Lord, 190
(n. I).
Cockes, William, 98.
Cockesley, John, 241.
Cocklake, Coklake, 59.
Cocklington, 89 (n. 3).
Coffen, John, 1 34.
Richard, 134.
Cole, John, 47, 286, 289, 290.
Colforth, John, 255, 256.
Collerigge, John, 57.
Collins, Colyns, Thomas, 107, 108.
William, 171, 172.
Collop, Thomas, clerk, 192, 193, 196.
Collys, Colles, John, 99.
Thomas, 268, 272.
Colman, Edith, 102.
George, 100-2, 105, 106.
John, 106.
Coltbury Allen, Boltbury Alen (Co.
Devon), 53 (n. i), 55.
Coly, Simon, 296.
Combe, 48, 160.
Combe Florey, Camflorey, 269.
Combe Mynstrell (co. Dorset), 194.
Combe, William, 57.
Come Hawey, Comehawie, 63, 64 (n. i).
Comer, William, 126, 128.
Compton, John, 224.
Connigsby, Sir William, 3.
Cooke, Coke, Richard, 133, 134, 136,'
144, 204, 289, 290, 292.
Robert, 121, 122, 125, 178 (n. 6),
182-4, 239. 242, 243, 245.
Thomas, 68, 71.
William, 287, 289, 290, 292.
Cornissh, John, clerk, 112, 119, 120, 187.
Thomas, 112 (n. 4).
Corscombe, Croscombe, 179 (n. 4), 230,
232-9.
Corston, Coston, 48, 149 (n. 2).
Gorton Durham, 179 (n. 3), 207 (n. 6),
209 (n. i).
Cossington, 188.
Cosyn, William, 171, 173.
Cotrell, John, 100, 101, 105.
Couche, William, 181.
Counsell, Robert, 57.
Courshame, Courthame [in Martock], 274,
278.
Courtenay, Courteney, Courtney, Court-
nay, Cecily, 50 (n. i).
Edward, Earl of Devon, 19.
James, 50 (n. i), 55.
Jane, 50 («. i), 53, 54.
Margaret, 52, 54.
Peter, 50-5.
Philip, 50 (n. i).
Sir William, 27, 50-5.
Cowles [in Martock], 278.
of -persona an*
Cowper, Richard, 288.
Cox, Cokkes, Richard, 134, 144.
William, 134, 144.
Crase, John, 207-9, 2II> 212.
Thomas, 215.
Credelond, Walter, 253, 255.
Crewkerne, Crokhorne, 112, 113.
Cricket, St. Thomas, 47.
Croke, John, 246-9.
Cromwell, Thomas, 82 (n. i), 132 (n. i),
138 («. 3)-
Crosse, Ambrose, 90 (n. i).
Dorothy, 90 (n. i).
John, 90, 255, 260.
Thomas, 90 («. i).
William, 189.
Crouch, John, 130 {«. 2), 141, 162.
William, 23, 26, 29, 36, 129, 130,
136-9, 141-9, 150-70.
Crowcombe, Crawcombe, 246, 248-51.
Crowcombe Biccombe, 247 (n, I).
Crowcombe, Isolda de, 247.
Crowcombe Studley, 248.
Crowden, Croyden, 65, 67, 69.
Crowther, William, 94.
Croyden Grange [in Old Cleeve], 65
(n. 3).
Cuffe, William, 194.
Culbone, Cubbon, 241 («. i), 245.
Culverwell, John, 183.
Curtis, Courtes, Curteys, John, 191, 195,
196.
D.
Dag, John, 101.
Dale, John, clerk, 178, 179.
Darche, William, 68.
Darne, Richard, 105.
Daubeney, Giles, Lord, 19, 100.
Henry, Lord, 29, 109, I IO.
John, 115-7.
Davis, Dauys, Richard, 99.
Davy, John, 269-70.
William, 183.
Dawe, John, 187.
Delton, John, 230, 232-9.
Denys, Hugh, 151.
Walter, 150, 151.
Sir William, 97, 108.
Derby, Earl of, Edward, 1 08 (n. 2).
Devereux, Robert, 19.
Devon, Earl of, Edward Courtenay,
19-
Henry Courtenay, 117.
Ditty, William, 171, 173, 174.
Dobell, Dovell, Dobull, Doble, Agnes,
175-
Bernard, 91, 174-7.
Christian, 177-85.
Frances, 91.
Giles, 23, 121, 177, 178 («. 6), 181,
182, 184, 185.
Henry, 240.
Hugh, 177-85.
Joan, 91, 175, 178-84.
Margery, 121, 124.
Peter, 178 (n. 6), 180, 181, 184.
Robert, 121 (n. i), 177-84.
William, Abbot of Cleeve, 65 (». 2),
174, 175. 177-
Dodington, 250 (n, 2).
John, 250.
Richard, 250.
Dogen, Mr. 238.
Dogyon, George, 238 (n. 3).
Doncliz, Roger de, 152.
Donwill, Nicholas, 99.
Dorsett, Robert, 112.
Dovell, William, Abbot of Cleeve, 65
(n. 2), 184, 185.
Dover, Thomas, 106.
Doyll, Henry, 29, 108-10.
Draper, Richard, 198 (n. i).
William, 198.
Draycot, 72, 73, 76 77, 80, 132 (n. i),
142.
Dredge, John, 193.
Drover, John, 47.
Dulling, John, 79.
Dun, Dunne, Thomas, 89.
Dunkirk, 81 (n. i).
Dunscombe, John, 296.
Dunster, 65 (//. 2), 69, 84 («. 3), 89
(n. 2), 243, 296 (n. i).
Dunster, John, Abbot of St. Augustine's,
Canterbury, 1 1 , 35-6, 38-49.
Durborough, John, 252, 256.
Durnford, Edward, 191, 195, 196.
Dwale, Richard, 57-61.
Dyer, Sir Thomas, 286 («. 3).
312
ol
anti
E.
Easton-in-Gordano, Eston, 105.
Edgworth, Egworthe, Dr., 237.
Edmunds, John, 106.
Edwarde, John, 112.
Edwardes, Thomas, 98-100.
Ellis, Elys, John, 196, 268, 270.
Els worthy, John, 181.
Erne, William, 179, 181.
England, Thomas, 241.
Englishbatch, Inglesbache [in English-
combe], 47, 144, 471.
Englishcombe, Inglescombe, 26, 129
(n. i), 133 («. 2), 135, 140, 144, 145,
161, 169.
Enmore, Enmer, 170, 181 («. l), 252,
254, 259-
Erghune, Ralph, Bishop of Bath, 151
(n. 10).
Erie, William, 144.
Essex, Henry, Earl of, 98, 99, 101, IO2.
Estham, 112-4, n6, 118-20.
Estmede [in Radington], 204.
Estmounde, Esemund, Lady, 45, 49.
Eston, 105 [see Easton-in-Gordano].
Everard, Thomas, 105.
Ewen, John, 65, 67, 69-71.
Exeter, Bishop of, Peter Courtenay, 50
(n. I).
Marquis of, Henry Courtenay, 117.
Exford, 245 (n. i).
Exsten, Agnes, 46.
Eyssham, Henry, 262-264.
William, 262.
F.
Fackeryll, John, 171-3.
Richard, 171, 172, 174.
Thomas, 170, 172, 173.
William, 171, 173, 174.
Fairoak, 84 (n. 2).
Felpis, William, 209.
Fideock, 90 (n. 3).
Field, Felde, John, 204.
Fill, David, 102.
Fileigh, family of, 179 (n. 4).
Finneres, John, clerk, 89.
Fitzharding, Robert, 94 (n. i).
Fitz James, James, 244.
Sir John, 98.
Nicholas, 120, 193, 207, 212-5,
235, 238, 239, 270.
William, 244 (n. i).
Fitzwarren, John, 151.
Fivehead, 187 (n. 2).
Fluet, Fluett, Richard, 48.
Fodington, 244 (n. l).
Folyntayn, John, 181.
Ford, 260 (n. l).
Forster, John, 67, 68, 71.
Fortescue, Henry, 179-81.
Fowles, John, 80.
Foxe, Gregory, 186.
Joan, 186.
Framcombe, Francombe, Geoffrey, alias
Steynor, 146, 148.
Henry, 148.
Fraunke, Walter, 182.
Frax, John, 94.
Free, Frye, Henry, 220, 222.
Freke, William, 1 1 2.
Fremelet, Thomas, 204.
French, Anthony, 253-5, 258.
Frome Selwood, in.
Frowde, John, 214.
Fry, Frye, Alice, 239 («. 2).
Henry, 273, 275-83.
John, 244.
Thomas, 273 (n. i).
William, 239 («. 2), 241 («. i), 273,
277.
Fuljambe, William, 170, 172.
Fychet, Walter, 198.
Fynmore, John, 89 (n. 2).
Fynner, John, 89 (». 2).
Fyssehande, 267.
G.
Cache, John, 226, 227.
Gade, Henry, 171, 172.
Nicholas, 249, 251.
William, 171, 172.
Gall, Richard, 105.
Galpin, John, 191, 193, 195.
Gascoigne, Gaskyn, 51 (n. 4).
Gaunte, Maurice de, 106 (». 2).
Gaynard, John, 48.
of flmions antJ -places*.
Gayns, John, 193.
Gay ton [North Hants], 90 (n. 3).
Geffrys, Geoffry, George, clerk, 250.
William, 79, 80.
Gelis, John, 181.
Genes, John, 79.
Gibbons, Gybens, Henry, 134.
John, 134, 144, 171, 173.
Gibbs, Gybbes, Richard 271.
Thomas, 102.
Gifford, Gyfforde, Richard, 205.
Gilbert, Avelyng, 214.
George, 207, 212, 213, 215.
John, 80.
Mr., 174.
Glastonbury, Glaston, 44, 57-59, 224,
289, 291.
Abbot of, Richard Bere, 58, 80, 151.
Glover, William, 113.
Goathurst, 259 (n. i).
Godwyn, James, 106.
Golsingcote, 65 (n. 2).
Goodman, Christopher, 247-51.
Goodrich, Robert, 82.
Gough, Richard, 199.
Gould, Goold, John, 80, 210.
Cover, William, 252, 256, 258, 259.
Grace, William, 156.
Grant, Graunte, John, 98, 99, 144.
Julia, 98.
Robert, 98.
Gravell, John, 47.
Gredye, Elizabeth, 127 («. i).
John, 128.
Green, Walter, 192, 194.
Gregory Stoke, 170, 173.
Greme, Christian, 183.
William, 183.
Grenslade, Thomas, 296.
Grey, Edward, Viscount Lisle, 88 («. 2).
Sir John, 88 (n. i).
Griffith, Gryffith, Harry, 104.
Grove, , 271.
Guilliam, a physician, 149, 150.
Gulliver, Gulloffer, Walter, 216.
Gumby, Lawrence, 88 («. i).
Gunthorpe, John, Dean of Wells, 56,
59-61.
Gurney, John, ill.
Gyles, John, 113, 120.
Gyll, William, 80.
H.
Hales, James, 251, 256.
Haligwell, Sir Richard, 112 («. i).
Hals, Richard, 180.
Halswell, 259 («. i).
Nicholas, 32, 259.
, Dr., 101.
Ham, Hamp [in Creech St. Michael],
Si («• 3)-
High [near Langport], 51 («. 3).
Hameswell, Hamewell [co. Gloucester],
48.
Hamlyn, Hamelyne, Alexander, 27, 64-7,
69, 71.
Alice, 70.
John, 65, 70.
Richard, Abbot of Athelney, 28,
I?', 173-
Robert, 64 (n. 2).
Thomas, 65, 70.
William, 64 («. i).
Hampton, 46.
Hankyns, John, 112.
Hannan, John, 286 (n. 3).
Hannyng, Thomas, 113, 120.
Hardwick, Hardwich, Hugh, 57-61.
John, 79, 80.
Harelshaw, Walter, Bishop of Bath and
Wells, 153, 154.
Harnham, 126 (n. 2).
Harptree, West, 225.
Harris, Harreys, John, 131, 132, 142.
William, 89.
Hartgill, John, 209, 210, 214, 215.
William, 29, 207-215, 286 (n. 3).
Haselbury (co. Wilts.), 150 {«. 2).
Plucknett, Haselbere, 29, io8(w. i),
109, no, 198.
Hast, John, 225.
Hastings, Edward, Lord, 178 («. 5).
George, Lord, 178 (n. 5), 184.
Mary, Lady, 47, 177-80, 183, 185.
Hattefeld, Adam, 153.
Hatys, Hotys, John, 171, 173.
Hawkins, Robert, 222, 223, 225.
Hawley, John, 269 (n. 3).
Hayes, William, 134, 136, 143, 144.
Hayne, Heyne, William, 80.
John, 191, 195.
Hayward, Heyward, John, 1 21 (n. 5).
? s
of
antf
Hay ward, Robert, 1 21, 122, 124.
William, 80.
Heath, Heith, Nicholas, Bishop of
Rochester, 216, 224, 237.
Hemyngton, 148.
Henstridge, 84 (n. 2), 193, 194.
Herford, — , 143.
Herward, John, 65, 67, 69.
Robert, 68, 71.
Hethfeld. Richard, 105.
Hewett, Hewyt, William, 69, 70, 71.
Hickes, William, 274.
Hill, Hyll, Genevieve, 126 (n. 2), 200
(n. i).
Joan, 204.
John, 126 (». 2), 171, 172, 181,
200 (n. i), 204.
Margaret, 204.
Robert, 255, 256.
William, 201, 202, 204-206.
Ilillyng, David, 107.
John, 212.
Hinton St. George, 191 (n. 3).
Hobbes, Hobbys, David, 92 (n. 2).
Joan, 92, 93.
John, 92, 63.
Richard, 92, 93.
Hodges, Hogges, Henry, 171, 172.
Thomas, 134, 144.
Hodson, Hodshon, Hoggedon, Richard,
clerk, 286, 289, 290.
Hody, Sir John, 264 (n. i).
Hoke, 189.
Hole, William, 51, 181.
Holies, John, 171, 173.
Holway, 39.
Holway, Holoway, Holleway, Thomas,
269, 270.
William, Prior of Bath, 25, 36, 47,
129, 134-8, 141-6, ISO, IS1, * 55-70.
Hoper, Thomas, 181.
William, 171, 172.
Hore, William, 134.
Horewood, Robert, 228, 229.
Twhorwod, — , 172.
Horner, Thomas, 25, 131-144, 150, 162,
163, 165-7.
William, 194.
Horseman, David, 159.
Horsey, Dorothy, 190 (n. 2).
Sir John, 207, 215
Horsey, Thomas, 190 (n. 2).
Horsington, 241 (n. i), 243, 248.
Horton, James, 154, 157.
Horwood, Twhorwood, 172.
Hoskyns, William, 133, 143.
Howell, John, 135.
Thomas, 109, 271.
William, 141, 143.
Huchyns, William, 112.
Hude, William, 158, 159.
Huggons, Hugh, 294.
Hullock, Roger, 198.
Humphrey, Umfrye, Thomas, 182.
Humphreys, Isabel, 90 (n. 3).
Hungerford, 65 (n 2.)
Hungerford, George, Lord Hastings and,
178 (n. 5), 184.
Mary, Lady Hastings and, 47 (n. 7),
177-180, 183, 185.
Sir Thomas, 47, 178 (n. 5).
— Sir Walter, 138, 144, 145, 161.
Hunt, John, 99.
William, 1 56.
Huntingdon, George, Earl of, 178 (n. 5),
181, 207 (n. 7).
Huntley, Edward, 2IO, 214.
Hussey, Joseph, 269, 270.
Sir Robert, 126, 127, 203 (n. 4).
Thomas, 203.
Husthewayt, Richard, 193 (n. i).
Hutchynne, Lawrence, 294.
Hyatt, William, 276, 284.
Hykly, John, 171, 1 73.
I.
Ifford, John, Prior of Bath, 153.
Ilchester, Ylchester, 86, 115, 190, 208,
211, 213, 218, 251, 270, 271.
Ilminster, 294.
Inyn, Sir John, 94 (n. 3), 99, 100, 102 (see
Joyne).
Inyne, David, 92, 93.
Isaak, Edward, 290, 292.
J-
James, Jamis, Richard, clerk, 191, 193,
196.
of fJtrsomf antt
Jarmyn, William, 94.
Jennings, Jenyns, Jenens, Genyns, John.
73, 77, 80.
Maude, 73, 77.
Thomas, 101, 102.
Jenkins, Julia, 158.
Jenkyns, Thomas, 132, 134, 142, 144.
Jewe, John, 269 (n. 3).
Jewez, house called, 269.
Jones, Harry, 101.
Hugh, 107.
Richard, 100.
Robert, 225.
Jayne, Juyn, Alice, 94 (n. 3), 100, 101.
Isabel, 94 («. 3).
Sir John, 94 (n. 3), 99, 100, 102
[see Inyn].
William, 94 («. 3).
K.
Kavell, Henry, 148.
Keberd, John, 171, 172.
Kechyn, Kechin, Isabel, 74, 78.
John, 74, 78, 80.
William, 74, 78.
Kekewich, Kekewyche, Alice, 94 (n. 3).
John, 94-104, 108.
Kelway, Robert, 286 (n. 3).
Kenne, Christopher, 94 («. 3).
John, 46 (n. 4), 94 (n. 3), 101, 102.
Kent, Thomas, 135, 140, 143, 144.
William, 135, 140, 141, 143, 144,
147, 149, 150.
Keper, Thomas, 92, 93.
Kerke, Gilbert, 177.
Keynsham, 46.
Kilmington, 29, 207 (n. 7), 209-215.
Kilverton, 129 («. 2).
King, Oliver, Bishop of Bath and Wells,
39-
Thomas, 193.
Kingsmill, Kynges Mille \co. Dorset}, 87.
Kingston, Kyngeston [near Taunton],
255, 256.
Kitnore, Kydnore, alias Culbone, 241
(n. i), 245.
Knevett, Knyvet, Sir Henry, 261, 262.
Knight, William, 151, 288, 292.
Knight's Sutton, 82.
Knowle, 177, 179, 180, 182, 183.
Kumnorwalle, 56,
Kychewyn, John, 80.
Kyme, John, 127.
Kyngesbury, Thomas, 191, 195, 196.
Kyngeston, 189.
Kyppyng, Richard, 132, 142.
Kytt, Hugh, 92, 93.
Kyttner, Richard, 183.
L.
Lackington, Thomas, 269, 270.
Lacy, Lacey, John, 112, 239.
Richard, 112.
Thomas, 112-120.
Lambert, John, 210, 211.
Robert, 194.
Lane, Richard, 80.
William, 112.
Langford Budvil, Longford Budfylde,
90.
Langford, William, 195.
Langridge, 62.
Langlondisham, 59, 60.
Lanton, Geofrey de, 152.
Larkham, Thomas, 251.
Lawrens, William, 115-117, 120.
Ledesham Corner, 60.
Legge, Logg, John, 128, 189.
Simon, 252, 256, 259.
Leigh, 178.
Lemmaunsfeld, 189.
Lerig. 173, 174-
Leugh, Roger, 225.
Leve, Leave, John, 252, 256, 257.
Leversedge, Edmund, in («. i).
Edward, in («. i).
Eleanor, in (n. i).
Robert, HI.
William, 215.
Lewis, John, clerk, 88 (n. i), 89.
Lewys, John, 92, 93.
Lincoln, Earl of, .William de Romare,
63 («. 2).
Lisle, Lisley, Lady, 72, 73.
Viscount, Sir Arthur Plantagenet,
88, 89 («. i).
Elizabeth, 88 («. 2).
John, 88 («. 2).
316
of
antt
Load, North, Norloode, 58, 59, 60.
Locke, John, 193.
— William, 191, 193-195.
Long Ashton, 94, 95 (n. i), 97, 98 («. 2),
101, 105, 129 (n. 2).
London, 63, 87, 160, 199, 205, 206, 220,
248, 263, 294.
Long, Sir Henry, 132, 133, 141-144.
John, 256.
Lopham, John, 210
Lottesham, 151 (n. 9).
Lovell, Thomas, 80.
William, 269, 270.
Low, Lowgh, Robert, 226, 227.
Lowth, Roger, 222, 223.
Lubbyn, John, 171, 172.
Luccombe, Luckcombe, 240.
West, 97 (n. 2).
Lucie, Elizabeth, 88 (n. 2).
Luttrell, Elizabeth, 84 (n. 2).
Hugh, 84 (n. 2).
Luxborough, Luckysborowe, Lukekkes-
burgh, 27, 65, 67, 69, 70-72, 244,
295, 296.
Lycham, Peter, 160.
Lydeard, St. Lawrence, Lawrence Lyd-
yard, 255.
Lyght, William, 173.
Lymborough 273 (n. 2).
Lymchyll, 278.
Lymottes, 107, 108.
Lympsham, 278 (n. l).
Lyncell, Walter, 48.
Lyncombe, 48.
Lyne, George, 286 (n. 3).
M.
Machyn, William, 240, 245.
Macy, John, 158 (n. i).
William, 158.
Malet, Mallette, Baldwin, 268 («. i).
Hugh, 126 (n. i), 181, 184.
Michael, 32, 252, 254, 255, 257,
258, 268-272.
Richard, 254 (n. i), 268, 270.
Mark, 56.
Marnhull, Marnell [co. Dorset], 30, 87.
Marshall, Richard, 152.
Martin, Marten, John, 57, 80, 101.
Martin, Ralph, 127, 128.
Thomas, 101.
Martock, 28, 225-7, 273 (n. i), 274,
276, 278, 279, 282, 285.
Martsey, John, 57.
Master, Maister, William, 196.
Materface, John, 101.
Mattock, William, 105.
Maunsell, Mauncell, Andrew, 255, 256,
260.
Maydman, John, 191, 195.
Medell, Myddell, John, 233, 235-9.
Mells, 48, 150.
Melson, William, 119.
Mendip, Myndepe, 34, 73, 77.
Merrick, Richard, 100 (n. i).
Meryfyld, John, 94, 107.
Metcalf, Robert, 286 (n. 3).
Michell, Joan, 32, 216 (n. 3), 217-9,
221.
John, 92, 216 («. 3).
Margaret, 216 (n. 3).
Nicholas, 112, 113, 119, I2O.
Thomas, 32, 216-25.
Walter, 216 (n. 3).
William, 216 (n. 3).
Milborne Port, Mylborneporte, 30, 83-5,
87, 195, 196.
Miles, Myles, John, 168, 170.
William, 171-3.
Minehead, 23, 121, 122, 182-4, 241
(n. i).
Mirryfeld, John, 107.
Modbury [co. Devon], 179 (n. 3).
Mohun's Ottery, Mountisoterye [co.
Devon], 226.
Money, Richard, 1 02.
Monksilver, 126.
Montacute, 28/274, 285.
Montgomery, Richard, 191, 192, 195,
197.
Moorlynch, Marlynche, Merlynche, 286,
291.
More, Agnes, 61.
Alice, 205.
Eleanor, 201-5.
Henry, 134, 211.
John, 57, 201-3, 205, 206.
Robert, 201-6.
Thomas, 41, 44.
William, 184, 201, 202, 203.
of $rison$ anU glares.
3'7
Morgan, Daniel, 94.
— Richard, 163, 164, 166.
Morne, Edward, 212.
Mors, William, 239.
Mortimer, Mortymer, John, 163.
Morys, Moryce, Andrew, 1 12.
Edward, 214.
Isabel, 112.
William, 286 («. 3), 290, 292.
Mudgeley, Muddesley, 56, 59.
Mugge, John, 228, 229.
Mysterton, Geoffrey of, 112.
N.
Naylor, Nayllar, William, 94, 98, 99.
Nele, , no.
Netherasshe, 278.
Netherstowey, 255*
Nettlecombe, Netylcombe, 90 (». 2),
92, 127 («. 2).
Chantry of St. John the Baptist, 92
n. i).
Nevill, George, Lord Abergavenny, no
(n. I).
Newbury, Walter, Abbot of S. Augus-
tine's [Bristol], 104.
Newland, Harry, 101.
Thomas, 101, 102.
Newlond, John, Abbot of St. Augustine's
[Bristol], 102, 104, 106.
Newman, John, 62-64.
Newton, John, 293 (n. l).
Richard, 293 (n. l),
St. Lo, n («. I).
Nonye, Richard, 105.
North, William, 237.
Barrow, 212 (n. i).
Bereham, 215.
Cadbury, 191.
Load, 59.
Northmoor, Northmore, 51.
North Paret, 109.
Petherton, Pedirton, 89 («. 2), 107,
173, 174, 202 (n. 2).
Northumberland, Earl of, 19.
Norton, 274, 276, 285.
Ferris, 207 (n. 7).
George, 187.
Henry, 187.
Nurse, Stephen, 226, 227.
Nutte, Thomas, 134.
O.
Oake, 126-8.
Octro and Smallcombe, 65 (it. 2).
Oldfield, Denys, Clerk, 194.
Oliver, Sir, a chaplain, 205.
Olveston [co. Glouc.], 47.
Orchard, 181.
Overasshe, 278.
P.
Panborough, Panburgh, 57, 59 (n. 3).
Panter, William, 82.
Parsons, Parsonys, Agnes, 103.
John, 80, 103, 222, 223, 225.
William, 94.
Partridge, Partriche, John, 1 20.
William, 112, 118-20.
Parys, , 47.
Passer, Richard, 105.
William, 106.
Paulett, Pawlett, Poulet, Sir Amias, 191
(». 3)-
Sir Hugh, 90 (n. 2), 157, 191, 196,
202-7, 215, 286 (n. 3), 288.
William, 90 (//. 2).
Paundy, John, 112.
Payne, John, 48.
Walter, 48 («. 6).
Paynter, John, Abbot of Cleeve, 27, 64-6,
68, 121.
Pembroke, William, Earl of, 187 {«. i).
Pen, 214.
Penny, John, 191, 193, 195.
Pensford, Penford, 48.
Pery Court, 222.
John, 112.
Pery ton, 182.
Pester, Thomas, 109, IIO.
Petfyn, John, 98.
Petherton, North, 89 (n. 2).
Peyton, William, 106.
Phelips, Phelippes, Phillips, Phillyps,
Agnes, 103.
Edward, 274 (n. l).
of
antJ
Phelips, Hugh, 94, 96, 107.
Richard, 273 («. 2).
— Thomas, 28, 101, 103, 274, 281,
282, 284.
Walter, 94, 107, 277.
William, 101.
Philip, Nicholas, 183.
Piers, Thomas, 98.
William, 98, 100.
Pitminster, 228.
Plantagenet, Sir Arthur, Viscount Lisle,
88, 89 (». I).
Plymouth, 41.
Pole, John, 68, 71.
William de la, 3.
Poore, Jane, 98.
Walter, 97, 98.
Popham, Alexander, 219, 220, 225, 288,
292.
John, 57.
Foreman, John, 143 (n. i).
Richard, 143.
Porlock, 239 (n. 2), 240, 244 («. i).
Portbury, 101, 105, 106.
Portman, William, 209.
Powderham, 50.
Powe, John, 62 (n. 2).
Thomas, 62-4.
Powell, Edward, 99.
John Ap, 144.
Robert, 106.
Thomas, 269, 271, 273.
Power, Robert, 106.
Poyntz, Poynez, Robert, 98-100, 104.
Franker, Thomas, 85, 88.
Predaux, J., 283.
Preston, 48.
Prior, John, 250, 251.
Priston, 45 (n. i).
Prowse, John, 65, 69.
Robert, 51.
Proynelles, 188.
Pryde, Robert, 191, 195.
Pudsey, Joan, 126 («. 2).
Sir Richard, 126 (n. 2).
Pury, West, 216 (n. 3).
Pycher, Pecher, Pycchard, Richard, 115,
116.
William, 113, 117, 120, 217-9,
221-5.
Pytte, George, 65, 69.
Q-
Quantokshead, East, 181 (n. 2).
West, 244 (n. i), 268 (n. i).
Queen Camell, Quene Camell, 243.
R.
Rackley, William, 109, no.
Radington, 200-3, 2O5> 2°6-
Raikes, Rekes, Nicholas, 238.
Rakysworth, John, 69, 71.
Raleigh, Rawlegh, Simon, 92.
Rammesbury, Adam de, 152.
Randalff, William, 80.
Randalls, house called, 274, 283.
Rastall, Thomas, 212, 214.
Raynesbury, John, 225.
Redcliff, 102.
Reigny, William, 50 (n. i).
Kendall, Alice, 214.
Retherby [co. Leicester], 179.
Reynolds, William, 180, 226, 227.
Rice, John Ap, 91.
Richard, Thomas, 80.
Richards, Rychardes, David, in.
Humphrey, 96, 103, 107.
John, 274, 276, 277, 280-5.
Richard, 274, 276, 277, 280-5.
William, 274, 276, 280-3.
Richeman, Rycheman, John, 189, 251
(n. 4).
Thomas, 251, 256.
Roadwater, 65 (n. 2).
Robins, Phillip, 144.
Rochester, Nicholas Heath, Bishop of,
216, 224, 237.
Rodney, Sir John, 27, 28, 34, 72-80.
John, 72 (». I), 199, 200.
Stoke, 72, 75, 76.
Thomas, 72 (n. i).
Sir Walter, 72 (n. i), 199 (n. 5).
Roger, Hugh, 152.
Rogers, Sir John, 286 («. I ).
Margaret, 50 (n. i).
Thomas, 50 (n. i).
Romare, William de, Earl of Lincoln,
65 (n. 2).
Rome, John, 199.
of
319
Rooks Castle, Rokes Castle, 202, 268,
271.
Rose, Cuthbert, 294.
Thomas, 237.
Rowe, Roo, John, 241, 252, 256, 264,
266.
Rownham, Rowenham, 98, 101-4, '°7-
Ferry, 95 («. i), 96, 102, 104,
105, 107.
Ruggeway, William, in.
Russell, John, Lord, 232, 233.
Ryall, Hugh, 191, 194, 196.
William, 194.
Rydeout, John, 194.
s.
Sacheverell, Saye Cheuerell, Sir Richard,
177, 178 («. 5), 179, 180, 183.
Sackville, Sir Richard, 287.
Sadler, Andrew, 115, 116, 118.
St. John's, Lord of, 73.
St. Lo, Sayntlow, Seyntlaw, Sir John,
82 («. i), 150, 236, 286 (n. 3).
Nicholas, 82 (n. i).
William, 82.
Salisbury, 26, 146, 147, 148.
Saltford, 72 («. i).
Saltmoor [North Curry], 28, 50.
— [Gregory Stoke], 170-3.
Sanctolando, John de, 103.
Sandell, 65.
Sarger, Nicholas, 216-20, 222-5.
Saunders, John, 134.
Thomas, 171, 172, 189.
Say, Genevieve, Jenofee, 126 («. i),
200.
Sir William, 18, 126 (n. i), 200,
203-5.
Sayer, Lucy, 203.
Secomb, Thomas, 184.
Sedborough, Joan, 239 (n. 2), 240, 242,
243-
Robert, 241 (n. i).
Sylvester, 29, 30, 121, 122, 241-3.
William, 239 (n. i).
Segnens, Geoffrey, 251, 252, 256-9.
Selwood, 11, 29, 2H, 212.
Serle, Richard, 171, 172.
Severy, Richard, 182.
Shaftesbury, Shaftysbury [co. Dorset],
88, 195.
Shaldermead, Chaldowne, Sheldowne
Meade [in Martock], 274, 278-80.
Sheares, John, 222.
Shellingford, Henry, Abbot of St. Augus-
tine's [Bristol], 103.
Shepherd, Hugh, 228-30.
Richard, 80.
WalteY, 171, 173.
Shepton Mallet, 186.
Sherborne [co. Dorset], 223.
Sherwode, William, clerk, 133, 134, 137,
139, 143. 146, 147, 169 (w. i).
Shiraler, , 163.
Shomaker, Richard, 271.
William, 271.
Shorston, Thomas, 134, 141.
Shrewsbury, Ralph of, Bishop of Bath,
151 («. 10).
Shurcomb, Robert, 268-70.
Shute, Schote, John, 46 (n. 7).
William, 46.
Siderfin, Sydervin, Syterffyn, John, 68,
71.
Robert, 68 («. i).
William, 68 («. i), 296.
Sidnam, Richard, 57 (see Sydenham).
Simonds, John, 173, 174.
Sion, Agnes, Abbess of, 225, 226.
Skuse, John, 160.
Skydmore, Joan, 149, 150.
William, 27, 149, 150.
Slogg, Slougge, Alice, 38 («. 2), 46.
John, 46 («. 6).
Sloworthy, 65 (n. 2), 69.
Smith, Smythe, Humphrey, 210.
John, 191, 195, 207, 215.
Matthew, 134.
Robert, 68.
Snook, Snoke, Richard, 193.
Soly, Zoly, Zely, Joan, 30, 241, 244.
Walter, 121-5.
Southall, Robert, 94, 101, 108.
South Barrow, 212.
Southbroke, William, Prior of Bath,
I52(«. I).
Southbruham, 21 1.
Southey, William, priest, 210.
South Tetherton, no.
South Stoke, Soth Stoke, 48, 129 (n. 2).
320
tintttj: of fhrton* airtJ
Spargrove, 187.
Sparkhays, 239 («. 2), 240-4.
Spaxton, 204, 205, 252, 253, 256, 259.
Spede, Thomas, 175, 176.
William, 176.
Speke, Sir Thomas, 219, 222-5, 275.
276, 282, 284, 286 (». 3), 288, 292.
Spenserlonde, 90.
Spore, William, 105.
Spyncer, John, 112.
Squier, John, priest, 104, 106.
Stacy, William, 80, 193.
Stalbridge, 193, 194.
Stalls [in Bath], 146, 169.
— St. Mary de, 129 («. 2), 146.
Stanton Drew, 82.
Prior, 129 («. 2).
Stanurby, Thomas, 171, 172.
Stavordale, 212, 214.
Stele, Thomas, 177 («. 3).
Sterr, John, 80.
Stert, 80 («. 5), 173 («. i).
Stewkley, Hugh, 296 («. i).
Steynor, Geoffrey, 146, 148, 149.
Steyre, Steer, Richard, 211.
William, 109, 212.
Stocker, Stokerer, John, 192, 195.
Stoddon, John, 181.
Stoke, 76, 77, 80.
Gifford, 72, 73, 79, 80.
Rodney, 75, 76, 79.
St. Gregory, 170, 173.
Stokemore, 73, 76.
Stone, John, 94, 191, 192, 195, 197.
Stookecomb, John, 182.
Stourton, Sturton, Charles, Lord, 207
(». 7).
Edward, Lord, 141 (#. i), 192
(». 2).
William, Lord, 141, 143, 144, 150,
151, 192, 193, 196, 207 (M. 7), 208,
211, 231, 234, 237-9.
Stowell, Stawel, 264.
Stowell, Anthony, 30, 267-72.
Stradling, Edward, 64.
Thomas, 64 («. i).
Strangways, Strangweys, Sir Giles, 84-6,
207, 211, 215.
Strengston, 189.
Strete, Strett, Harry, 177.
Thomas, 177.
Stroddew, Richard de la, 151.
Studley, Priory of [co. Oxford], 246
(«. i), 249.
Style, Thomas, 148.
Suffolk, Henry, Duke of, 293 («. 2).
Sully, Silly, Richard, 105.
Sulton, Knight, alias North Sutton, 81.
Sultyng, John, 80.
Sydenham, Agnes, 90 («. 2).
Alexander, 244.
Eleanor, 32, 216 (». 3), 217-9,
221.
John, 244.
Mary, 261 («. 2).
— Richard, 57.
— Robert, 90 («. 2).
Symon, Walter, 156.
Symonds, John (clerk), 130, 131, 136,
141-3, 149 («. 2), 158, 160, 161.
Syncombe, John, 171.
T.
Tabor, Taberer, Nicholas, 191, 193, 194.
Tabuz, John, 187.
Walter, 187.
Talbott, John, 134, 136, 144, 157, 159.
Tanfield, Tamfield, Francis, 90 («. 3).
— Isabel, 90.
William, 90.
Taunton, 255.
Taylor, John, 120, 191, 194, 226, 227,
252.
Morgan, 134.
Nicholas, 191, 195.
William, 144.
Tellisford, 129 («. i).
Thatcher, Thecher, Thomas, 112.
— William, 187.
Theal, East, 56.
West, 56.
Thele Wille, 60.
Theyre, Thomas, 57.
Thomas, John, 82, 252, 256.
Katherine Ap, no («. i).
Rhys Ap, 1 10 (« i).
Thomson, William, 171, 172.
Thorn, Hugh, 228, 230.
John, 127, 128, 129.
Thornfalcon, Thorn Fawconer, 228.
of $cr*on* airtl
321
Timberscombe, Tymberscomb, 182.
Tiverton [co. Devon], 239.
Togoode, John, 85.
Toomer, 84, 190-6.
Alice, 84 (M. 2), 190 (;/. 2).
Richard de, 190 («. 2).
Tormarton [co. Gloucester], 138 («. 2).
Towker, Toker, Thomas, 62, 63.
William, 112, 191-7.
Townsend, John, 193.
Treborough, Treborowe, Treburgh, 27,
65, 69, 295.
Tredennick, Tredeneck, Henry, 28, 189.
John, 28, 189.
Treherne, Thomas, 252, 256.
Trete, Thomas, 112.
Trethek, Thomas, 188 («. 2).
Trevilian, Trevylian, William, 269, 270.
Trewese, Thomas, 109.
Trott, Walter, 294.
William, 120.
Truscombe, John, 68.
Turney, John, 142.
Twhite, Twytt, Thomas, 115, 116, 1 1 8.
Twhorwod, , 172.
Twinhoe, 148.
Twiverton, 46.
Twynyho, Twyneo, John, 41, 44.
Tyddes, Alice, 182.
Joan, 181-3.
John, 181-3.
Tyntenhull, William, 57».6i.
Tynterne, John, 96, 107.
Uphill, 89 (n. I).
Usk, 129 (n. 2).
U.
V.
Valentine, John, 181.
Vicary, Vycary, Nicholas, 109, no.
Robert, 68, 71.
Vigoros, Thomas, clerk, 182.
Vile, Viall, William, 112.
Villiers, Vyllers, Sir John, 178, 179.
Vowell, William, 97, 108, 144, 150.
Vowlys, William, 80.
Vycar, John, 68.
Vynyng, Robert, 212, 214.
W.
Wadham, Sir Edward, 138, 144, 145,
161.
John, 138 (n. 2).
Walcot, 129 (n. 2), 134 (n. 6), 138-40.
Waldegrave, Charles, 203 ,«. 4).
Edward, 126, 127, 203 (n. 4).
Isabel, 126 (n. 2), 203 (n. 4).
John, 127, 128, 203.
Waldron, Walrond, Humphrey, 219,
220, 223, 224.
Walford, John, 171, 172.
Walley, William, 47.
Walsheman, Thomas,
Waltershame in [Martock], 274.
Walton, Thomas, 51.
Warham, Thomas, Archbishop of
Canterbury, 62.
Warman, John, 191, 195, 196.
- William, 85, 86.
Warre, Sir Richard, 2 l6(w. 3), 217 (n. i),
22O.
Robert, 220.
Thomas, 32, 33, 217, 219, 220, 222,
223.
William, 191, 193, 194.
Washbourne, Weshbourne, Norman, 97.
Water, Thomas, 193.
Wattes, Robert, 51.
Webbe, Anna, 112.
Edmund, 112.
John, 74, 78-80, 107, 207-15.
Wedmore, 22, 56, 58-61, 112 (n. 4).
Church, 56 (n. l), 6l.
Wekes , 244.
Welles, Willes, Joan, 177, 185, 186.
Thomas, 177, 181, 185.
Wellington, 90 (n. 2).
Wellow, 27, 129 («. i), 130 («. 2), 148,
(«. 2), 149, 150.
Wells, 56, 58, 156, 209, 222, 227, 232,
233, 236, 238.
Canon of, William Bowreman, 230-2,
235-
2 T
322
of $en!(m0 anB
Wells, Dean of, Alexander, 152.
— John Gunthorpe, 56, 60.
Richard Wooleman, 151.
Jocelin, Bishop of, 152.
Sub-dean of, Thomas, 152.
Welssh, Robert, 187.
Wembdon, 216 (n. 3).
Went, Ambrose, 294.
Weser, Richard, 105.
— Thomas, 105.
West Bagborough, 90 (n. 3).
Thomas, 141.
Westbury, 105.
Westcombe, Wescome, 187.
Westcote, John, 67, 71, 150.
— Roger, 67, 68.
West Harptree, 225.
— Luccombe, 179 (n. 3).
Fury, 216 (n. 3).
Quantocks head, 244 (n. i), 268
(»• I)-
- Whitfield, 264, 267.
Western, Richard, 65, 67, 68.
Westminster, 4, 19, 39, 75, 81, 87, ill,
113, 114, 116, 136, 184, 186, 188, 192,
199, 200, 231, 232, 242, 248, 270, 277,
294.
Weston, 129 (n. 2).
Weydon, Edward, 109.
Whelpeley, Thomas, 146-8.
White, Whyte, James, 104, 107.
John, 150, 159.
Richard, 85.
Thomas, 278, 279, 283.
101.
Whitecote, Robert, 101.
Whitfield, East, 264, 267.
West, 264, 267.
Whiting, John, 105.
Whittington, Richard, 98.
Whytton, Agnes, 278.
John, 198.
Richard, 105.
Wick, Wyke, 85, 195, 196.
Williams, Wylliams, John, 187.
Osmond, 294.
Simon, 182.
Walter, 244.
Willoughby, Wylby, Richard, 84, 85.
Robert, Lord, 187 (n. i).
Nicholas, 84, 85.
Wilmington, 45.
Wilmott, Wylmote, John, 105.
Wincanton, Wyncaulton, 214.
Winford, 72 (n. i).
Winscombe, 233.
Winslade, Elizabeth, 1 1 1 (n. i).
Winslow, Wynsloo, Richard, 214.
Winton, William de, 152.
Witcombe, Wytcombe, 158 (n. i), 273
(ft. 2), 277, 278.
Witcombe, Elizabeth, 273 (n. 2), 277,
278.
John, 226, 273 (n. 3).
— William, 273, 274, 277, 278, 281.
Withecombe, John, 183.
Withycombe, 92.
Wiveliscombe, Wylscombe, 264 («. 2),
265, 267, 269 (n. 3).
Wolsey, Thomas, 8l (n. i), 84 («. i),
130.
Wood, a Wode, William, 265.
Wookey, Woky, 153.
Wooleman, Richard, Dean of Wells, 151.
Wootton Courtenay, Wotten Courtney,
177, 178 («. 5), 179-82.
Wykes, 215.
Wylkens, William, 163, 165-170.
Wylles, John, 189.
Wylshere, Richard, 171, 173.
Wyndham, John, 181, 184, 188, 250.'
Mr., 250.
Wynscotte, John, 252-60.
Wythyg, John, 112.
Y.
Yea, Robert, 201.
Yeo Moor, Yoomore, 58, 60.
Yeo, Yoo, River, 56, 59, 61.
Yerde, William, 181.
York, Archbishop of, Nicholas Heath,
216.
Young, Yong, Roger, 105, 106.
Z.
Zely, John, 259.
Zouche, John, Lord, 212 (;;. i).
Richard, 207, 212-5.
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