1 r& I g3 K^^-t- FROM THE INCOME OF THE FISKE ENDOWMENT FUND THE BEQUEST OF L,ibrarian of the University 1868-1883 1905 a/Sbfab""!, M mJ)^. 184 Tho date shows when this volume was taken. ■To renew this book copy the call No. and give to ■ the librarian- HOME USE RULES. All Books subject to Recall. All books must be returned at end of col- lege year for inspec- tion and repairs. Students must re- turn- all books before /leaving town. Officers sbould arrange for the return of books wanted during their absence from town. Books needed by more than one person are beld'on the reserve list. • Volumes of periodi- cals and of pamphlets are held in the library as much as possible. For special purposes they are given out for a limited time. Borrowers should not use their library privileges for the bene- fit of other persons. , - Books of special' value and gift books, when the giver wishes it, are hot allowed to circulate. Readers are asked' to report all cases, of books marked or muti- lated. . ^rksand wrItlnE. =gv Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028089708 THE MUNICIPAL RECORDS OF BATH. FACSIMILE OF THE CHARTER TO BATH. OF THF 7T« DECEMBER I. R*CH. I. THE 0innitip^l i^wortrsi of l$tUf)* I I 89 TO 1604. PUBLISHED WITH THE APPROVAL OF THE TOWN COUNCIL AND AT THE SPECIAL REQUEST OF THE BATH LITERARY SOCIETY. BV AUSTIN J. KINGLand B. H. WATTS. " The ' talk ' of the village moot, the^strife and the judgment of men giving freely their own rede and setting it as freely aside for what they learn to be the wiser rede of other men, is the groundwork of English history." Green — Making of England, p. 194. , LONDON: ELLIOT STOCK, 62, PATERNOSTER ROW, E.G. BATH : JAMES DAVIES, GRAND PUMP ROOM LIBRARY. h- 35HJSI TREFACE. |E owe our readers an explanation, if not an apology for the absence of an Index, always desirable, and, when the chronological order is not strictly followed, necessary. It lies in the circumstance that we have in preparation a continuation of the "^Municipal Records " to a later date. An Index dealing with the complete work will, we think, be more generally useful, and we propose to append one to the next issue. A. j: K. B. H. W. TABLE OF CONTENTS. CHAPTER I. INTRODUCTORY . - . . . . II. THE CHARTER OF RICHARD CCEUR DE LION - - . . . III. THE CHARTERS OF HENRY OF WINCHESTER ..... IV. THE CHARTERS OF EDWARD I., AND HEREIN OF THE OWNERSHIP OF THE CITY - ... . . V. THE CHARTERS OF EDWARD OF CAERNARVON, AND HEREIN OF FAIRS AND MARKETS - - - . VI. EDWARD III. AND THE FRENCH WARS VII. THE CHARTERS OF RICHARD OF BORDEAUX VIII. THE CHARTERS OF HENRY BOLINGBROKE, HENRY OF MONMOUTH, AND HENRY OF WINDSOR; AND HEREIN OF THE WOOL TRADE IX. EDWARD IV. TO PHILIP AND MARY ; AND HEREIN OF THE OWNERSHIP OF THE HOT SPRINGS - - . , . X. THE CHARTERS OF ELIZABETH - - . . XI. REVIEW OF THE MUNICIPAL SYSTEM XII. CHARITABLE AND ECCLESIASTICAL AFFAIRS XIII. OF THE DRAMA IN BATH ----.. XIV. OF THE CORPORATE PROPERTY ---... XV. CONCLUSION -----.. PAGE I 12 17 22 25 29 37 42 SI S6 58 62 ^mtfettfe. vii PAGE APPENDICES. A. PART I.— CHRONOLOGICAL LIST OF CHARTERS, CROWN GRANTS, WRITS, AND COMMISSIONS ...... . i A. PART II.— CHRONOLOGICAL LIST OF DEEDS AND WILLS - - XV B. THE CHARTER OF ^ DECEMBER, I RIC. I. - - . xxviii C. COMMISSION DATED lO FEB., 20 EDW. III., TO PROVIDE SIX MEN FOR THE king's SERVICE - - . ... xxviii D. WRIT OF l6 MAY, 20 EDW. III., RELIEVING THE CITY FROM PROVIDING TWO MEN AT ARMS ....... -^ xxix E. CHAMBERLAIN'S ACCOUNTS- PART I. LIST OF ACCOUNTS . . - xxx PART IL EXTRACTS FROM ACCOUNTS .... xxxii F. TRANSCRIPT OF CHAMBERLAIN'S ACCOUNT FOR THE YEAR 1588 - - XXxix ERRATUM. Page 12, note ^,for "page 37," read "page 58." THE MUNICIPAL RECORDS OF BATH. CHAPTER I. INTRODUCTORY. OW grand a sight is a noble oak-tree ! The trunk is rough with age^ hoary with lichen, scarred and worn. The gnarled and knotted boughs disdain any trim regularity of growth, and stretch hither and thither in weird fantastic exuberance. Here there is an ugly blemish telling how a goodly limb has been rent off in the mad frolic of a whirlwind, and some branches have been mutilated by the axe of some well-inten- tioned vandal, whilst others are getting touched by decay. Look at the tree as a whole. See how one rough angular limb works in with others, and those again with more ; a fair straight bough, such as we should admire in a garden shrub, would mar the design. The rough vigour of the mighty tree inspires pleasure, but a pleasure feasting not merely on what it sees. As we look upward, we can only just discern the glancing sunlight through the leafy maze ; but we know that beneath our feet, under the swelling and heaying greensward, there is a system of support no less complex. One fibre of the root penetrates far into the subsoil to draw moisture from the subterranean rills ; another has entwined itself in giant embrace around a massive rock, whilst others, spreading this way and that, not only suck vigour from the soil, but buttress the vast structure from the tempest-shock. We know not in what far-off century was planted the acorn which has so developed, or by what hand ; we cannot trace its growth : our fancy grows dizzy in dwelling on its vicissitudes and the scenes which it has witnessed. We know that there was a time when this mighty tree was at the mercy of a passing herd-boy. Now we can but admire the stern majesty of its age. The institutions of our country are like its oaks — no mere accidents they of mushroom The sUnu growth, springing up in a night, and gathered away before that sun which warmed them srowth of into life has reached its zenith. They have grown with the nation and thriven on ^"f-!'^ its strength; have suited themselves to the national character, and, though "marked Jj"„j_"' with many a blemish, and bearing more than one decayed member, they have their roots entwined amongst, and running deep down into, the almost unconscious affections of the people. The manufacture of constitutions has been a. specialty of the present century. Not I Jplfte (^tttttcipal Jil^cm:ir» t>f ;©all|. one of them but is based, as some doctrinaire statesmen assure us, on everything that is good in our own; but before the ink which creates them is well dried, we have a revised edition, generally illustrated with blood. A fancy prevails just now that if men are said to be free in a charter neatly copied on vellum, and bearing a few seals, their freedom is an accomplished fact. " Is not Magna Charta," it is asked, " the bulwark of English freedom?" The question betrays the error. England is free, not because charters made her so, but because the spirit which made the charters was a spirit of freedom, and survives. The charters are but milestones- upon the journey : they mark the way and cheer the traveller, but they move him not. The dim twilight of ages enshrouds from irreverent gaze alike the origin and the development of the institutions of which we are most justly proud. Who can put his finger on a date and say, " Here commenced trial by jury"; or who can point to the time when the House of Commons commenced its legislative work, or when the power of the King to make laws was severed from his executive prerogative to enforce them ? But of all our liberties, that of our municipal life should be the most dear to us, because it is the most practical. We rejoice in the prowess of our army and navy, in the efficiency of our civil service, sometimes in the astuteness of our corps diplomatique ; but all these have for their primary object that we shall be able to live in comfort in our homes. Our political liberties, the victories of our arms, the belt of colonies which encircles the globe, would be but barren glories and mere sounding names but for our right of local self-government. This is the commencement, this the last standpoint of liberty. We have said that our national charters did not make us free. They were mere indications of our progress in regaining the natural heritage of freedom which had been filched from us ; and as with our national, so with our municipal life. Bath in There was a time when a freeman was really free in England, when he gave up Saxcn no personal rights except such as, in the then state of society, were required to be Hmes. surrendered for the common weaL This time we must seek in the days of the Heptarchy. Unless we make this original free state our starting-point, we can ill understand the course of our return to it. On the debris which had choked up and quite hidden the remains of stately Roman baths, luxurious villas, and ornate temples, but through which the hot healing waters still welled up, the Saxons built their rude huts under the shadows of the convent founded by Osric. The population would have been a small one, consisting partly of freemen, partly of that half-free class which formed so important a factor in the social life of the English. ^ There was a popular assembly, a tun moot, and over it presided a grieve. In some open space,^ readily accessible, would have stood a great oak or elm with a rough-sounding bell hanging from a branch. As the harsh notes of this bell were heard clanging out over the valley, each freeman, throwing down his axe, or leaving the serfs to guide the plough, would seize his sword and hasten to the rendezvous. There, gathered round the tree, and sheltered beneath its spreading branches, the freemen held their mote. A clerk from the convent would act as prothonotary ; he would keep a record of decisions, and would write such ' That Bath was a place of some importance in Saxon times is proved by the coronation of King Eadgar having taken place there. The coronation is thus mentioned by Florence of Worcester : " On the day of Pentecost [973], being the fifth of the Ides of May in the first indiction, Eadgar the pacific King of the English, being then in the thirtieth year of his age, received the benediction of the holy Bishops Dunstan and Oswald, and all the other English bishops in the City of Acamann [Baih], and was crowned and anointed King with great honour and glory." See also "Anglo-Saxon Chronicle," under date 973. " The street leading from Stall Street, now called Beau Street, was formerly known as Bell Tree Lane, and on the site of the United Hospital stood Bell Tree House, and, within the present century, a large and very old tree. Could this have been the tree, or the successor on the same site, whereon hung the mote bell ? The only other explanation we have been able to find is one beset with even greater difficulties. Wood, in his " Essay on Bath " (2nd edition, vol. i., p. 44), derives the name from Belenus, one of the invocative names of Apollo, ^ttfcoinwtoH. documents as the simplicity of the times required. At this tun moot disputes were settled, the ploughing or other cultivation of the common fields was arranged, and taxes were collected. This was the unit of legislative liberty, which survived, as the hundred court, for so many centuries. When this system began we know not. The Saxon Chronicle^ casually A grieve of mentions that in a.d. 907 died Alfred, grieve of Bath. ■^'^'^i ^•^• Of this ^Jfred, who was grieve of Bath in 907, the present mayor is the lineal 5°7' descendant The succession is probably unbroken for a single year. Of the tun moot the town council of to-day are the representatives. For a thousand years has Bath then had a municipal government of its own. But there have been some rude shocks. The constitution of the English before the Conquest had in it the germs of complete freedom, but we must not look for any precision of terms, or for any exact limitation of prerogative. The land which was not appropriated to individuals or the Church, belonged, in theory, to the King, as representative of the Effects community at large. It was known as folc land, the people's land ; but such grants as of the were made were by the King. There was generally some common land around a town, Norman fields wherein the freemen turned out their beasts, a level piece of greensward set apart Conquest. for martial sports, and the site of a market. Such common land certainly existed around Bath. It would not have been a trouble to the futt moot that the ownership of this land was, theoretically, in the King ; the possession was in the town, and there was no fear of the King interfering. All the King received was an annual contribution to the Danegelt, and certain seignorial rights, such as the fines imposed on criminals, and heriots on the decease of magnates. The Norman Conquest was, however, a very serious matter for the burghers. The Folc-land folc-land they had considered as their own was held by the feudal lawyers to belonjg '""tedm absolutely to the Crown. ^'^ ^'"^• Imagination has in part to supply the place of history as to the effect of the Conquest on Bath. Here, as everywhere, the Saxon was degraded. Here, aa. everywhere, Norman ecclesiastics were obtruded into English sees and English monasteries. Of the 280 manors owned by the Bishop of Coutances, many were situate around Bath. To make room for him, and such as him, English thanes were dispossessed, and the simple Saxons must have mourned to see the churches they and their fathers had worshipped in swept away, even to be replaced by more stately fanes. There is no reason to doubt that the grieve was from time to time elected, that the hundred court periodically met, for the forms of freedom often survived freedom: but the influence of the grieve was gone, the hundred court would have met merely to bewail the desolation of the land. Norman nobles and Norman soldiers laughed at the laws and customs they were publicly told to respect. So wild was the time, so great the injustice, that lawyers of a later date despaired of unravelling its web of iniquity. They could but Limit of say that whatever existed at the commencement of the reign of Richard 1? must bs ^^S"^ deemed to have been rightly established.^ '"""""-y- Yet during the 130 years which intervened between the Conquest and the death of Henry II. great changes had been going on. The very hardship of the times, which had degraded the English freeman almost ^Ingram's " Saxon Chronicle" (London, 1823), p. 121. In the translation, the word used is "governor," but the text has "gerefa." 2 The time was at first fixed as the reign of Henry I. Then by statute 20 Henry HI., c. 8, the time was fixed as from Henry II., and later by statute 3 Edward I., c. 38, from I Richard I, ' The citizens of Winchester have in 1884 been keeping what they term the 700th anniversary of the mayoralty of their city. Therein they seem to do themselves an injustice. There must have been a mayor of Winchester, in authority if not in name, for some centijries before the date they assign^and the evidence now extant connecting the office with the year 1 184 seems to be of the slenderest. I — 2 W-^^ ^j^uttfcijral ;]^^cw;ir» of ^ftlft. into the position of a serf, was beginning to raise the serf to freedom.^ The tyranny which despoiled the Norman baron made him lean a little on the support of the sturdy English yeoman. The English trader and his Norman rival commenced their inter- course no doubt with mutual hatred, but the common enemy made them become friends. Richart ~^M^xntliVi&ttiv. " City and may answer before our Justices of Assize in those parts concerning " attachments and other matters relating to the office of coroners as our other " coroners ought and are accustomed to answer and that they shall not by " reason of wrongdoing or forfeiture of their servants lose chattels or goods "found in their hands or elsewhere placed by such servants so that they " sufficiently prove them to be their own. And that if they or any of them die " within our land and power either with or without a will we or our heirs will " not confiscate their goods but the same shall entirely belong to their heirs "so as it be shown that the said chattels belonged to the deceased persons " So only that there be sufficient knowledge or belief as to the said heirs And " that throughout the whole of our land and power they may have and hold " all liberties and free customs up to this time obtained or accustomed as " quietly and fully as our citizens of London or any others within our Kingdom "best and most freely have and hold. And if any of the articles contained " in the Charter given to them concerning their liberties have not been wont " to be put in use still notwithstanding this freely and without hindrance " from any one they may be used so far as the same articles are reasonably "included in the same Charter. Wherefore it is our will and we strictly " ordain for ourselves and our heirs that the said Citizens and their heirs being " Citizens of Bath shall for ever enjoy all the said liberties and may freely and " without hindrance from any one enjoy for ever what has been said. And we " forbid under a forfeiture of ;^2o anyone to interfere with or disturb these " liberties and concessions." Much might be said as to the manner in which this charter illustrates the practical history of the period, but it will be sufficient to take three points only ; namely, the power given to the citizens to elect coroners, the surrender of the right of the Crown to seize the personal estate of deceased persons, and the execution of writs by the citizens. The office of coroner is a very ancient one, and in early days was of much greater qf the importance even than now. He had to do not merely with inquiring as to the death of ojgice of persons " suddenly dead," but also to deal with all other writs respecting the Crowa coroner. The Crown writs were very numerous, including attaint, debt, treasure-trove, escheat, detinue of ward, wreck, and certain special offences. ^ It was a common practice of the coroners appointed by the King to show their zeal for his service by trumping up false claims and making their office a pretext for extortion. The grievance of coroners being nominees of the Crown was evidently widely felt, for several statutes were passed for the election of coroners in counties in the reigns of Edward I. and Edward III., the last being : " AH Coroners of the Counties shall be chosen in the full Counties by the " Commons of the same Counties of the most meet and lawful people that shall " be found in the same Counties to execute the same office."^ Thus the counties obtained by statute similar rights to those conferred on many boroughs by charter. The power of making wills is now so universally accepted as an indefeasible right. Of the that we find it difficult to believe that until the reign of Henry VIII. there was no power to general power to dispose of lands by will.^ There was, indeed, a common law right to """^f ««''''^- ' Bracton (De officio coronatorum, lib. 3, tract. 2, cap. S). 2Statute28 Edward III., c. 6. Therapacity of Crown officers was proverbial. Our word "cheat" is derived from tlie name of the King's Escheators. It was their business to look after estates lapsed to the'Crown ; but a statute of 8 Henry V., c. 16, thus describes them : "Item to eschew the dolours, grievances and disherisons which daily do happen to many of the Kmg's liege people by the escheators for that they take inquests, etc., favourably and not duly by people not impanelled nor returned to thein by the Sheriffs, etc., and more often for their private gain and for- the disherison of the King's liege people than for the profit of the same our lord the King," — then follows an ordinance for amendment. ^ See, however, page 19. W^fm. (^Uttictyal ^i[carirs wf )]©ai%. make a testamentary disposition of chattels, but it was a right to the exercise of which many difficulties were interposed, and it was the practice of the Norman Kings to seize, through their officers, the goods of deceased persons and to grant them back only on ^ , ^^^^ onerous terms. The abandonment of this practice would have been a great boon. rapcuity ^^^ \kiaA. point was no doubt the most practical of all, and is put in the foremost of Crown place in the charter — we mean the execution of writs by the bailiffs of the city, officers. This right was of the greatest moment, because it enabled the citizens to manage their own affairs, and prevented the high-handed interference of the royal officers, nominally to execute a warrant, but really to seize goods and commit other acts of oppression. Scarcely a reign passed without many attempts on the part of Parliament to repress the rapacity of the royal officers ; but as fast as one system of fraud and chicanery was exposed and forbidden, some other scheme was devised. We owe much, however, to their ruffianly conduct ; for it led to many of the reforms of the King^s prerogative of Considera- which we now have, the benefit. tion of the As we have the charter of i Richard I, it would naturally be assumed that we authenti- possessed also this very important charter of Henry III. A search in the muniment "nenrys '^°°'" brings, however, to our notice two important facts, that we have not the original charter, of the charter just cited, but that we have another — a totally different charter— dated The origi- from the same place, Gloucester, on the same day and before the same witnesses. nal no- Warner had access to the collection of charters in the Tower of London, but he ■where ex- did not find the original of the one under discussion. That learned archaeologist '""'• states the confirmation of the charter of Henry on 6th March, lo Edward I., but our municipal records throw discredit upon this, for neither the Inspeximus of Edward II. nor Edward III. contains any recital of a confirmation by Edward I.^ The position is very peculiar. We have two charters of the same date : one contains a grant of most important rights, the other merely confers an exemption from suit in certain cases.^ The only charter extant is the latter, but this is not referred to in any subsequent document. The first charter — the important one — is not confirmed in the next reign, but is recited and confirmed by many subsequent Kings. The oiigi- There are two possible explanations. The first is that the minor charter was an iial extant afterthought, intended to secure some privileges forgotten to be asked for when the of another negotiations were on foot, and therefore incorporated in a charter of supplementary charter of effect but even date, and that the charter proper has been lost, and that which was same date, ancillary preserved. The loss of an important charter by a municipality which has been so laudably careful in the preservation of its early archives is not to be lightly assumed ; but, if the loss did take place, the appearance on the inventory of a document of the same date would no doubt have a tendency to prevent search. If we do not accept this explanation, we must seek one less creditable, namely, that the citizens obtained from Henry III. a charter of merely nominal importance, but put forward a forged or pretended grant of valuable privileges as having been granted, and obtained his confirmation under false pretences. Ihis theory, though open to tnany obvious objections, has one or two points in its favour. It is not at all unlikely that the formal records of Henry's acts at Gloucester amounted to no more than a list of charters sealed, so that there would be no duplicate to test the accuracy of the charter put forward by the city ; and it is of moment that the confirmation was not, as we should have expected, by Edward I., a prince very unlikely to submit to imposition, but his weak son Edward II. There is, in the muniment-room, a copy, sealed with the city seal, of the charters 1 See note, p. 6. It was the custom to let each charter of confirmation set out in full the charters of all the previous sovereigns. 'No, 3, in Appendix A. of I Richard I., and of the important charter of 40 Henry III, This copy (apparently intended to have authority as a constat) appears to have been made previously to 12 Edward 11.,^ and was probably used for the purpose of obtaining the confirmation of that year.2 Clearly the privileges of the important charter were subsequently recog- nised by law, and we must of course regard them as duly conferred. In considering the authenticity of this charter, we must bear in mind that in a presentment of the citizens of Bath, in the reign of Edward I., to be presently mentioned, it is expressly stated that the citizens had the return of writs " by an old charter of the king." It does not, of course, follow that, because the citizens made this statement, it was true ; but it shows that the claim to have return of writs was brought under the notice of King Edward. Now, if the citizens had the return of writs, it must have been by operation of the lost charter of 40 Hen. III., for there was no other document pur- porting to confer that privilege. This is an argument therefore, although not a con- clusive one, in favour of the view that after all there was such a charter. It is somewhat striking that the charters of Henry III., although they do not, like that of Richard, confine privileges to the Merchant Guild, abstain from all mention of a Grieve, or Mayor of Bath. The probable explanation is that, as the custom of the citizens electing a chief officer (whether called Grieve or Mayor it ihattered not), bailiffs and other ministers had never been interfered with, no mention in the charter was deemed necessary. We must not fall into the error of supposing that our municipal system commenced at the date of our first record of its existence. Not only must we allow for many lost documents, but we must regard also the extreme looseness of the language used. Thus, in the eighth year of King John,^ a payment from Bath is credited to the " probi Homines " of that city. It would seem not unreasonable to argue from this that there were at this time no municipal officers, or they would have been mentioned ; but such an argument would be deprived of its force by the circumstance that in the previous year the same king directed a writ to the "bailiffs of Bath."* The records in our muniment-room prove the existence of a municipal system of Bath at all events in 1 2 1 8. In the previous year, let us remember, London was actually held by King Louis of France, the citizens of London swore allegiance to an alien king ; and it is vain for us even to attempt to realize the state of England — her honour gone, her very existence as a nation in peril — and yet how quietly were things done in Bath ! Robert Puther agreed to buy a shop^ in the parish of Stalls from Matilda Stanold and her son Henry. The shop had belonged to Richard Stanold, the deceased husband and father. All three went together to the hundred court, and gave notice of their bargain. The monk prothonotary was there, with pen and ink-horn, and a satchel of little strips of vellum, and then and there, in the presence of vendor and purchaser, and of the townsmen, he transcribed the two documents still preserved. By the first^ deed the mother conveys, with the consent of her son : by the second ^ See Report of Commissioners for inquiring into Municipal Corporations. 2 Note the behaviour of the city as to the charter of 32 Elizabeth. 5 "Rotuli Lilerarum Clausarum" (Hardy, 1833). * " Rofuli Literarum Patentium," vol. i., p. 62. ^ The term used is "selda." Thi.s property was subject to a payment at " Hokeday," of iivepence for " landgable." Hokeday is one of the days for payment of the rent reserved by the lease from the Corporation of 20th November, 1393 (No. 63 in Appendix A). It is said to have been a festival celebrated on the Tuesday fortnight after Easter-day, to commemorate the almost total destruction of the Danes in England by Ethelred in 1002. Sometimes a collection was made by the women on the eve of the festival and by the men on the day itself, the proceeds of which was applied for church purposes. The observance of this day declined soon after the Reformation, although it is mentioned in Wythers' "Abuses Stdpt and Whipt," 1618, p, 232; "Brand's Popular Antiquities" (1813), vol, i., pp. 156—165. ' No. 47 in Appendix A. lO l^fit Municipal ^BCtttttr0 of ;i©alft. Dean of Bath in 1218. Mayor of Bath in 1230. Common sealofBath in 1249. the son abandons all claim. The second^ deed concludes, as was not uncommon, with an oath, thus : " And I Henry Stanold touching the Holy Evangelists for me and my " heirs have sworn that we will never seek art or design whereby the aforesaid " Robert Puther or his heirs or such person to whom he shall wish to assign the " same shall be aloigned from the shop aforesaid." The date is expressed to be " the third year after the death of King John." The deed mentions that it is made in the full " hundred court," and the Dean of Bath^ is the first named of many witnesses. The bargain having been thus fully legalized, the question would have arisen, who shall hold the deeds ? and they were placed in the city chest. The chief magistrates of Bath have been faithful to the trust. Dynasties have changed, laws have altered, Guildhall has succeeded Guildhall, we no longer know what property was conveyed, vendor and purchaser are alike lost to us ; but the deed trusted to the safe keeping of the Municipality six centuries since, is this evening produced from that keeping.* Whatever may have been the exact position of the Municipality in 12 18, there was certainly a mayor* within a few years. There is in the muniment-room another conveyance, bearing no date, but estimated to be of the year 1230.^ It is witnessed by " John Duport," at that time Mayor of Bath." In order that no link of evidence might be missing to show how complete was the municipal life in Bath at the early period we are considering, there is to be found in the muniment-room a very curious deed mentioned to have been sealed by the citizens of Bath with the seal of their community.^ Nothing could better illustrate the then corporate existence of the township. The deed^ itself is a curious one. It bears date in the thirty-fourth year of the reign of Henry III., and concludes : " The sale now I Henry have made for my urgent need because I was " charged with money due to the King and was heavily indebted to him for my " ransom in the year of grace 1 249, and in the thirty-fourth year of King " Henry III. by assent and consent of Joan my wife. In witness of which sale " the Citizens of Bath have to this charter set the seal of their community.'" Unfortunately the seal has perished. ^ No. 48 in Appendix A. 2 The Dean may have been the head of the Merchant Guild, but more probably was the representa- tive of the Bishop. As the city was in some sort episcopal property, the Dean may have presided at this time in the hundred court. This mention of the Dean, if we assume him to have been an ecclesi- astical official, in no way militates against the existence at this time of a Surghreeve, or Mayor. The records of London show that a Bishop was associated with the Reeve of that City in early English times, and that a Bishop had authority as one of the civic magistrates of London in the early part of the reign of William the Conqueror. William's Charter commences, " William the King greets William the Bishop and Godfrey the Portreeve and all the burghers," etc. — See Norton's " Commentaries on History of London," 3rd edit., p. 257. ' The substance of this paper was read at a meeting of the Bath Literary Association. * The name mayor has been derived from the Celtic and the Teutonic, as well as the Latin. The title seems to have been introduced about the end of the reign of Richard L The first authoritative use was probably in the charter to London of 20th March, 3 John ; but the actual right of electing a mayor annually was not given to London until the charter of 9th May, 16 John. There seems no import in the name, and no change of right accompanied the change of title. " The date was fixed by the character of the writing by the late Mr. Riley, of the Historical Manu- scripts Commission. <• No. 49 in Appendix A, Part IL ' Dufresne defines the essentials of a Corporation as being " Scabinatus, Collegium, Mageratus, SiglUum, Campana, Berfredus, et Jurisdictio" — Glossarium " Cemmunia." We may render the terms thus— Bailiffs (as the executive) ; Aldermen (as a council); a mayor, a common seal, bells, a belfry, and jurisdiction. There is no formal incorporation of Bath in early times — just as there was no incorpora- tion of London. The existence of a Corporation was assumed from the commencement, after the fashion of the still earlier guilds. » No. 50 in Appenduc A. " It must be added that these deeds are but a few of a vast number appar«ntly deposited with the Municipality for safe keeping. No. 1 is the earliesi Mayors seal of which an. ij'/tf>ressi.c>n is exla?d. Itu/as i,n use dou/n io IS SO. No. 2 is the next Mayor's jeal wh/cr; a/as in use in IS80. No. 3 IS the City seal iM use in,/(3/&, and si iii used. No, 4 uras ike Mayors seal ased doun io airont ///O. No. 5 is thefrese?zi Mayor} seal. When writing was so rare an accomplishment, that few outside the ranks of the clergy could sign their names, the sealing of documents was not, as now, a mere formal survival, but a most material and integral part of the transaction. Signing was unnecessary, and none of the early documents found amongst our archives bear any signatures, but all bear at all events the traces of seals. The seals found are various, and many of them of very great beauty. The earliest document now bearing the city seal in a form capable of recognition, is the copy of charters dated in the reign of Edward II., which has been already mentioned.^ If we regard the date of this as insufficiently proved, our next document is of the year 1346.^ In both cases the seal used was the same as at the present time. In 1853 another document was found in the Tower of London, dated in the reign of Edward III., and bearing the seal of Bath just as now used.' The Mayor of Bath has had for very many years a seal denoting his office. The 7X« seal oj seal now used dates only from about 1770, but we find another official seal used \n the Mayor 1380, and a still earlier one in 1330. . "f^"*"- We cannot refrain from mentioning one more of these early deeds. It is of the period between 1250 and 1260.* It is probably the earliest specimen extant of a grant A grant in in fee farm in Bath, a mode of conveyance which has always been a favourite in this^^*/'"'^' city. "''^'^ "SO- This deed grants a shop at the Stalls of Bath, reserving a perpetual rent of four shillings a year. The grant is made " saving the service of our Lord the King as much as appertains to the said shop, namely sixpence at the feast of St. Michael." Compar- ing this Crown rent of sixpence with the four shillings which was then the annual value of the tenement, we get a notion of how the ownership of the King was beginning to dwindle into a quit-rent. We have, however, been anticipating. ''■Ante, pp. 8, 9. ^ No. 60 in Appendix A. ^Letter from J. Doubleday (Department of Antiquities, British Museum] to Philip George, Town Clerk of Bath, dated 13th April, 1853. * No. 51 in Appendix A. 2 — 2 12 W-kt ^InxtkipAl ^^cwh* ijf iJSaf ft. Theforin- secum. Grant to John de Villula. CHAPTER IV. THE CHARTERS OF EDWARD I,, AND HEREIN OF THE OWNERSHIP OF THE CITY. |HE Crown was accustomed to grant cities and towns to some prelate or lord to farm. A fixed rent was paid, and the grantee made what he could out of the revenues of the town. This beneficial ownership was termed the " farm." The conversion of the folc-land into a part of the Sovereign's private demesne made such grants of considerable value, because the grantee not only enjoyed the income derived from fines, forfeitures, and other similar emoluments, but also had power to let, and take the profits, of the common land.^ The documents in the keeping of the Corporation supply some links in the story of the ownership of Bath. At the Conquest Bath was in part, although not wholly, the property of the King.2 It has been ably argued by Bishop Clifford' that the walls of Bath were not built as town walls, but were the wall of the Roman therma utilized for a smaller city. At all events, our very earliest records prove the existence of a district of some extent and population beyond the walls. This was termed the Hundred of 'Ba.th forinsecum, afterwards corrupted into Bath forum. Within this, but always recognised as distinct, was the estate known as the Barton. This was no doubt the common farm of the city, cultivated for the mutual advantage of all the citizens, but it became at the Conquest Crown land. How soon the rights of the Crown were put in force we cannot accurately say, but from a presentment made by the citizens in 2 Edward I., it appears that the city was formerly let at ^20 and the Barton at £z°i and that Reginald Fitz Jocelyn, the Bishop of Bath (1205 to 1242), caused ;^io, formerly payable out of the Barton, to be paid out of the city. The citizens were not absolutely deprived of their estate, for as far back as the year 1260 their right to common was admitted over it.* The first grant^ after the Conquest was by William Rufus to John de Villula, or, as he is often called, John of Tours. This prelate practised physic, and, attracted by the healing qualities of the hot springs, proved himself a beneficent patron of the city, and traces of his fine Norman masonry are still visible. This grant did not include the forinsecum or the Barton, and Henry I., although he confirmed his brother's grant and added a gift of the hidage (or land-tax) of the city, did not add these. No rent is mentioned in either of these grants. * Many curious instances of these grants are to be found in Madox, Finna Burgi. ' " Rex tenet Bad T[empore]R[egis] E[dwardi] geldabat pro xx hid quando scira geldabat. Ibi h.ibet rex xxiv burgenses reddentes iv lib et x c burgenses alior hominum reddunt ibi Ix solid." — Dooms- day Book. Twenty-four of the burgesses "alior hominum " belonged to the church at Bath : they are entered as of Keynsham, Chewton, and Littleton, — Ellis, "Doomsday Book," London, 1833, vol. ii., p. 484. ' Paper read before Bath Literary Association, 14th November, 1884. * See further as to Ms post, page 37. " This grant is with the Dean and Chapter of Wells. It is remarkable as being attested by 66 witnesses, of whom 21 only aiiix their crosses. In the later grants none of the witnesses sign. Savaric, Archdeacon of Northampton, was a relation of Henry VI. of Germany, who had been instrumental in obtaining the release of Richard Coeur de Lion. He had been nominated to the See of Bath in 1192, and, through the influence of the Emperor, was made Abbot of Glastonbury. In return for this valuable appointment, he surrendered the city of Bath to the Crown. John seems to have kept the city in hand, but from the presentment of the citizens (iemj>. Edw. I.) already mentioned, it seems that he allowed the Prior and monks to enjoy it on consideration of an annual payment of £30. The Barton and the forinsecum John granted to the Priory in fee farm at a Grant to rent of ;^2o, and this charter was confirmed by Henry III., and again by Richard II. ^''■^ Priory. This property did not pass from the possession of the monks until the Reformation, but the rights of common of the citizens were maintained. During the troublous reign of Henry III., Edward and his high-spirited mother, Eleanor of Provence, had done much to supply the deficiencies of the King : indeed, but for the courage and martial skill they displayed, the ending of Henry's reign and of his life would have been different. Early in his reign Edward granted Bath and the Barton farm, subject as to the latter to tenancy of the prior and convent, to his mother Eleanor, as a part of the dower assigned for her maintenance.^ On the 27th of May, in the third year of his reign, Edward sent a missive^ to the " Bailiffs and principal men " of Bath, of the substance of which the following is a sUghtly abbreviated translation : "When our Mother Eleanor Queen of England shall have surrendered into i'«"w«^«<- "our hands to be dealt with at our pleasure the City of Bath which she holds of city by " in dower (except the Barton farm of the said City to be held in dower by our p'^^^e] "said mother) we have deputed Godfrey Husee and William Merleghe to " receive and hold the said City." We have already referred to a presentment of the citizens during this reign. It was the custom for the Crown to order periodical inquiries as to the state of towns and any diminution of the royal prerogative or estates. Two presentments in answer to such commissions of inquiry are extant, although not, unfortunately, amongst our Municipal Records. They contain such interesting information that we venture to quote from them. The presentments are in the second and fourth years of Edward's reign, and are made by a jury impanelled for the purpose. Henry, the Tailor, mayor of Bath, is foreman of the jury on the first occasion j the names are not given on the second After setting forth a short history of the city, from the reign of John, the jurors go on to state a variety of different facts, such as ; ' Warner (p. 169) quotes the grant as having been made to Eleanor of Castile, Edward's wife. He sets out the grant thus : "Pro Regina Angliae. Rex, etc., priori et conventui Sancti Petri Bathon sal Sciatis quod assignavimus charissime nostre Eleanore regine Angl. civitatem Bathon cum Bertona et aliis pertinent, eorundem habend et tenend domine regine in dotem quamdiu vixerit una cum quibusdam aliis rebus nostris, et idem vobis mandamus quatenus debuistis." It is quite certain that Warner has not transcribed this literatim from an original, as some of the terminations are never so fully given in documents of such a date. We suggest- that this grant was in fact to Edward's mother, and that the word "matri" (written "mri" and therefore easily capable of being passed over) has been omitted. That the grant was to the mother is proved, we think, by the documents stated in the text and by the words " assignavimus " " in dotem," used in the grant jtself, which are the technical ones for assigning dower by an heir to his mother. If further proof were ^wanted it is to be found in the circumstance that in two documents of I Edward I., the Queen Dovrager describes herself as "Regina Anglise," and the Queen Consort as "Consors Regis." — Madox, "Hist. Ex.," vol. i., p. 351. ^ No. 4 in Appendix A. 1. The assumption by the Prior of the Rectory of Walcot, and of two mills^ belonging to the city. 2. That the king has in the City of Bath, by title of escheat for a felony com- mitted by Robert Petyt, a house which King Henry granted^ to Master Geoffry of Bath in his place, before which grant of the said King the said house used to provide one carpenter for 40 days in time of war for the use of the King's army. 3. That the Abbot of Keynsham, the Abbess of St Edward, the Abbess of Werewell, Anselm de Gurney, Hubert Husee, the heir of Philip Ayston, John de St. Loe' had withdrawn themselves from the suit which they owe to the King's Court from the beginning of the provisions* of Oxford until that time, the same happening through the neglect of the bailiffs of the Prior. 4. That the villages of Claverton and Hampton have withdrawn themselves from their obligation to mow the meadow of our lord the King from the time of Bishop Jocelyn, to the loss of the King each year 20s. 6d. 5. That the King was accustomed to hold in the City of Bath a fair^ on the feast day of the beheading of St. John, and that the Prior of Hinton had obtained a charter of our lord the King to hold a fair on that day at Hinton, to the damage of the fair of the City of Bath los. a year. 6. That the priest Henry de Courtney commenced a handsome chamber upon the city wall, and that on his death the then Prior of Bath pulled it down and carried away the stone and timbers into the Priory, to the damage of the King and the whole city of 40s. 7. That Robert Cherin holds a tenement within the city and a meadow outside, value los., for which he was wont to keep the gate on the bridge in time of war. 8. That the citizens of Bath have the return of writs by an old charter of the King. 9. That all the freeholders of the county of Gloucester who had been accus- tomed to pay toll in Bath had withdrawn themselves from so doing since the battle of Lewes,* to the loss of the King los. 10. That the King's own houses within the Abbey gates had been out of repair or destroyed from the time when the Prior was farmer of Bath, and that the cost of restoring them to their former condition is estimated at 10 marks beyond the xost which the King had incurred about two houses he had himself rebralt on his own land within the Priory.^ 11. That the Abbot of Keynsham had established a market at Marshfield, 9 miles* from the city, to the damage of the city los. 1 2. That Thomas, the Prior of Bath, and other Priors of the same house, had ■ The mills being without the walls might be assumed to have passed under the grant to the monks of ihe fonmecum. * This grant was in the possession of the Corporation in 1775, but it cannot now be found. ' Derives his name from St. Lo in Normandy. The family gave their name to the village of Newton St. Loe, near Bath. * The ■' Mad Parliament " which sat at Oxford, without the presence of the King, in June, 1258, is here referred to. ' The word mmdinas is here used instead of the \is\ialferiain. •The battle of Lewes (May, 1264) was the one at which Gilbert de Clare, Earl of Oxford, was knighted by Simon de Montford, Earl of Leicester. His accession to the Baronial party was most important, and some grant to the freeholders of the county may have been made on the occasion. ' It appears that the monks were under obligation to keep the King's Bath, and some houses suitable for royal lodgings near it, in proper order, for the occasional use of the King. In 20 Henry III., a process was issued calling upon the monks to pay £1^ lis. for the repair. ' " Quinque leucas." Plfte ^ftattfer^ ttf ;]^irit»ax;it I. 15 made with stones from the walls a causeway of 8 perches from the south gate towards " MonckesmuUe," to the loss of the King 53. 13. That the Prior had acquired by gift or purchase, after he had taken the city to farm, 27 tenements in " perpetual alms," out of which the King had lost escheats and other emoluments, and that the tenants were in lot and scot} and ought to pay tallage like other citizens. 14. That the Bishop of Bath holds two^ ... in Hampton and Claverton, and Adam de Bicton one ... in Charlcombe, and Robert Denemede one . . . in Easton, and Walter of Shockerwick one ... in Easton, which were accustomed to do suit at the hundred of Barton forinsecum, and have been withdrawn therefrom by Jocelyn, Bishop of Bath, for these 35 years, to the detriment of the King (if he had kept the hundred in hand) 20s. a year ; and that the jurors do not know on what warrant this was done. 15. That Gilbert de Clare, Earl of Gloucester, holds one . . -^ in Langridge and Freshford, which was accustomed to do suit at the hundred of Barton forinsecum, and such suit has been withdrawn by Richard, formerly Earl of Gloucester, the father of the said Earl, for these 15 years, to the detriment of the King (if he had kept the hundred in hand) 2S. a year; and that the jurors do not know on what warrant this was done. 16. That Gilbert, Earl of Gloucester, has the return of writs in the forinsecum for now 12 years, through the act of Henry de Aulton, then Sheriff, who had 40s. for the return from the Earl ; and the jurors do not know on what warrant this was done. 17. That the Bishop of Bath has a warren on the Manor of Hampton, and this from the time of Willian>, the Bishop, his uncle ; and the jurors do not know under what warrant.^ The jurors go on to describe a wholesale system of carrying off stones from the city walls. The Prior is the greatest offender, the damage done by him being estimated at 40s. ; the miller of the Monks' mill, the miller of Peter Forester's mill, and the master of the Hospital of St. John the Baptist follow suit to the extent of 20s. each ; and a host of smaller offenders concludes the list. * Edward seems to have determined the tenancy at will of the monks so far as regarded the city. For although Queen Eleanor is said to hold the city in dower whilst the tenancy of the monks was apparently existing, a grant of the city soon followed to Robert Burnell, Bishop of Bath and Wells, the King's Chancellor.^ This grant excepts the Barton, which it mentions as held by the monks in fee farm. ^ Entitled to hold civic offices. Lot and scot ordinarily included gayment also. ^ The word in the original is " theas," the meaning of which does not appear clear. " Seigniories " or " manors " have been suggested. See "DieGesetzeder Angelsachsen," ed. Dr. K. Schmid, 8vo,,2nd edition. Leipsic, 1858. The entire passage is as folloiVs : "Item dicunt quod Episcopus Bathon tenet ij theas scilicet in Hampton et Claverton, et Adam de Bicton unam theam in Cherlecumbe, et Robertus I)enemede unam theam in Eston, et Walterus de Shoterigg unam theam in Eston quae quidem thea solebant facere sectam ad hundredum predictum forinsecum de la Berton et subtracte sunt per Jocelinum quondam . Bathon Episcopum, et hoc xxxv annis elapsis ad dampnum domini Regis per annum xx^. si dominus Rex predictum hundredum in manu sua haberet, et nesciunt quo warranto. " Dicunt et quod Gilbertus de Clare, Comes Gloverine, tenet unam theam in Langruche et Fers- ford, quae solebat sectam facere ad hundredum predictum foriiwecum de la Berton et subtracte est modo secta ilia et hoc per Ricardum quondam Comitem Gloverinse, patrem predicti Comitis, et hoc jam XV annis elapsis ad dampnum domini Regis ijV. si dictum hundredum esset in manu domini Regis, et nesciunt quo warranto." ' The uncle was William Bitton or Button, who was consecrated in 1248, and died in 1264. The nephew was consecrated in 1267, and died in 1274. The uncle obtained a grant of free warren from Henry III. See Warner, p. 143. ''Rotuli Hundredorum temp. Henry III. — Edward I. London, 1818, pp. 123 — 132. ' See the grant and direction to Escheators to give livery in Appendices xlvi. and xxxvii. of Warner. The names of the Escheators are the same as those mentioned m the document of 27th May, 3 Edward I. l6 Jpl^^ ^^Utttripal ;]^^tJ;M:ir» t»f ^aift. borcnighs. Acquit- tance of tallage Jiaid to queen- mothers. Bath re- presented in Parlia- ment 26 Edw. I. We have a charter, dated' in the third year of this reign, freeing the citizens of Bath from toll, and describing the city as belonging to the Bishop.^ Our next document is dated the 28th April in the fifth year of Edward I., and it needs a few words of introduction. There was one general tax in England before the Conquest, the Danegelt, a tax originally levied to pay a shameful tribute to the Danes in the reign of the weak Ethelred II., but continued as an impost even under the early Norman kings. As the feudal system made more progress in the country, the mode of taxation became more various. We find scutage, applicable to knights' fees ; hidage, payable out of lands not held by military tenure f and tallage, payable in respect of boroughs. The word "tallage," has no special meaning denoting a distinct mode of taxation. It was deemed applicable primarily to those towns which, like Bath, belonged to the Crown, and the amount lay in the discretion of the Crown. The tallage was some- times levied on the town, sometimes on the individual citizens, the itinerant justices giving the necessary directions. Tallages gave rise to great complaints in the reign of Henry III., and towns endeavoured to establish the principle that taxation is based on consent, by offering aids in lieu of the tallages demanded. It appears that Henry had made over, though informally, a sum of ^£'15, part of a quota of tallage payable from Bath, to his wife, Queen Eleanor, and ;^ii was received from the citizens by the Queen.^ In the fifth year of Edward I. some difiiculty arose as to the payment of this .j^i i, and a writ* was sent by Edward, dated the 28th April in that year. The following is an abbreviated translation : " Whereas our citizens of Bath have paid to our mother Eleanor Queen of " England by the hands of Richard Querard and Thomas de Coker formerly " Bailiffs of Bath eleven pounds on account of the tallage of the said City which " tallage was by our father King Henry assigned in part payment of fifteen pounds " made over to our said mother by the said King Henry towards the expenses of " our said mother .... we order that the said burgesses shall be acquitted the " said eleven pounds." The question of the representation of boroughs in the early Parliaments is some- what beside our subject, as no documents relating to the election or return of members, at the time we are considering, are to be found amongst our city archives. We content ourselves, therefore, with mentioning that the celebrated William Prynne, who in the reign of Charles II. was Recorder of Bath, found in the chapel in the White Tower of the Tower of London a vast heap of parchment documents. These he sorted, and published a list of the most interesting, under the title of " Brevia Parliamentaria."* From these it appears that the Parliament held in the twenty-sixth year of the reign of Edward I., and which sat at York, included two representatives of Bath, Henry Bayton and Thomas de Missletre. There is a writ of Edward II. in the first year of his reign, which illustrates the small appreciation of the franchise then prevailing. The following is a translation : " For the election of two citizens from the city of Bath. The writ of our " Lord the King was returned by the Mayor and bailiffs of the said city of the " liberty of the Bishop of Bath who care not to give any effect thereto."^ When a representative was elected, he had to find two sureties {manucaptorei) for his due attendance at the Parliament. The names of these sureties were set out in the "return." ' No. S in Appendix A. ^ A considerable extent of land in England remained unaffected by the feudal system. ' We have not been able to find trace of this particular tallage. We find that in 14 Henry III. there was a tallage of Somerset and Dorset, and that the quota of Bath was then £,2,\. Madox, " Hist. Ex.," vol. i., p. 708. * No. 6 in Appendix A. " Published for the Author, by Edward Thomas, at the " Adam and Eve," 1662. ' See Prynne. Iplfte iMft^tltVfa of ;^biuarir uf (gfaurnarii^n, 1 7 CHAPTER V. THE CHARTERS OF EDWARD OF CAERNARVON, AND HEREIN OF FAIRS AND MARKETS. |E now pass to the reign of Edward II. This King, a sad contrast to Confirma- his sire, confirmed the city charter on the 12th March in the sixth '*''?*?^ year of his reign.^ The charter of confirmation is in the same form '^^harters. as before, and is extant in duplicate amongst our archives. Both parts are sealed, and both are complete in substance, but whilst one has an ornamental initial letter (though of no particular merit), the other has simply a blank space. This confirmation, which is dated from Windsor, was probably obtained on the reconciliation of Edward to his barons after the murder of Piers de Gaveston, the royal favourite. The consideration of our Municipal Records now brings us in" presence of a very P'^^i'^- interesting question — that of fairs and markets. The term "fair" now conveys to us an impression of a race-course without races, a grand emporium of gilded gingerbread, giving unlimited facilities for Aunt Sally, the inspection of the Chinese giant with a mellow Cork brogue, the two-headed calf, and the talking fish, and rendered attractive by a steam hurdygurdy or two and a selection of Ethiopian serenaders. Fairs have indeed, except in a few special cases, come to be regarded as nuisances without miti- gation, because they have survived their purpose of usefulness ; but in ancient times they represented a great step in advance, an important approximation to free trade. We are rather apt to treat a free right of trading as part of the natural heritage of man, but in fact, it was a right surrendered by man to society at a very early stage, and one which has been very gradually restored. We do not presume to develop the logic of protection and free trade, but the historical fact is certain that, not only were manufactures protected by being confined to certain guilds or companies, and by the laws enforcing apprenticeship, but there were grave restrictions set on retail and general trading. Prices of certain classes of goods were fixed by law, and the manner of their sale imperatively determined ; and only the small, privileged class of " free citizens " were in many boroughs, and Bath amongst them, allowed to open shops. Sales of goods also had to be made in towns, and at fixed places only. We are not to blame such restrictions merely because we have taught ourselves to believe, in these days, that the true protection of trade is the encouragement of the laws of supply and demand : many of them were based on very sound reasoning, as applied to the then state of society. But obviously some mitigation of the hard and fast line was an absolute Fairs an necessity, and fairs and periodical markets became an important factor in commercial approach life. The right of granting a fair was part of the royal prerogative, and the grant was '2^^^^^^^ deemed to be in the nature of a trust, as well as a franchise, as by the mere grant of a fair the right and duty of holding a Court of Piepoudre vested in the person, generally the lord of the manor, to whom the grant was made. The Court of Piepoudre was said to derive its name because, being held for the convenience of persons meeting together from a distance for a temporary purpose, it was to do justice as speedily as the dust can fall from the feet.^ 1 No. 7 in Appendix A. 2 See Bacon's Abridgement (1778), vol. ii., p. 656. A less laboured derivation, viz., from the con- dition of the feet of the suitors, may suggest itself, and is adopted by Manley. See his " Interpretei," in verbo. (London, 1672.) 3 The first fairs of which we have record were granted to the Prior and monks by Edward I., namely, in their manor of Lyncombe, on the eve and on the feast of the Finding of the Holy Cross, and in the Barton on the eve and on the feast of St. Lawrence.^ Grant of In the twelfth year of his reign Edward II. granted to the Bishop of Bath and clierryfair.^^^ the right to hold^ a fair at "his manor of Bath" for ten days in the year," on " the vigil and on the day and on the morrow of the feast of the Apostles SS. Peter and Paul,* and on the seven following days." This right is only exercisable subject to the fair doing no injury to any other fair.* This fair was usually known as Cherry Fair. There was, we may perhaps be allowed to say in passing, a very practical advan- tage in buying at fairs, because the purchaser's title to the goods purchased was valid, notwithstanding that the seller might have wrongfully acquired them.* Grant of a We pass from the chronological order to notice a further grant of a market to John market by de Harewell, Bishop of Bath and Wells, chaplain to the Black Prince, by Edward III." Edward ^j^g charter is curious; it recites that from time whereof the memory of man was not to the contrary, the Bishop and his predecessors had, at Bath, weekly, two markets, namely on Wednesday and Saturday from the feast of St Kalixtus the Pope until Palm Sunday^ It then goes on to authorize the Bishop to hold a weekly market from Palm Sunday to the feast of St. Kalixtus ; that is, the weekly market is extended over the whole year. This is the origin of our present weekly market, the right to hold which, no doubt, passed from the Bishop to the municipality at the same time as the manor. A market has most of the same legal attributes as a fair, and differs rather in its more frequent occurrence than in any other important feature. Our Bath market con- sists of two portions — what we terra the ordinary, and the " country market." The first is not a market proper, but a collection of small shops aggregated in a single building ; the country market is the survival of the real market, at which the people not allowed to open shops within the city brought in and offered for sale their wares — a periodic invasion of the monopoly of sale reserved to the free citizens. It is a curious survival that by the law at the present day no one may, during a market, offer for sale otherwise than in such market or in his own shop any goods of a class similar to those sold in the market.^ It is worthy of note that although these fairs and markets are granted to the Bishop, both charters are in our muniment-room.^ ' See the grants of these fairs (4th October, 32 Edward I.), Appendix 39 to Warner. ^ No. 8 in Appendix A. * This fair was held in the High Street and adjoining streets down to 1851. No real business had been done for many years. * These words would have been implied, if not inserted. Bacon, vol. ii., p. 455. ° By a special custom, a similar transfer of title takes place on a sale in any shop in London of goods of a class usually sold there. * No. 19 in Appendix A. ' See Mayor, etc., of Manchester v, Lyons Bros., Law Reports, 22 Ch, D. 287. ^ See as to this p. 27, post. ;^bhiatjb III. anir f^^ ^Ktt^nc^ "^^att«. 19 CHAPTER VI. EDWARD III. AND THE FRENCH WARS. |E now come to an exceedingly important epoch in the national and in our municipal history. Edward of Caernarvon was murdered at Berkeley Castle in September, 1327; and his son, then of the age of fifteen years, ascended the throne as the puppet of the false Queen Isabella and her paramour Mortimer. In times of national turmoil a bid is usually made for the support of the middle classes, and in the first year of the nominal reign of Edward III. an Act was passed in these words : " Item the King wills — that all cities boroughs and franchise towns shall Statute of " enjoy their franchises customs and usages as they ought and were wont to do."i Confirma- tion, This is a somewhat singular statute. The rights conceded to boroughs by charter were part of the prerogative of the Crown, and Parliament had no power to abridge the prerogative On the other hand, it will be noted that the statute commences in a manner unfitted for an Act of Parliament — " The King wills." Probably there were difficulties in the infant King making a grant by charter, and the statute represented an attempt to meet it. We have stated a general incapacity to make wills of land, between the Conquest socaee- and the reign of Henry VIII. The incapacity was based on the exigencies of the land in feudal system ; but this system, though very prevalent, did not affect all the land in Bath, and England. The ordinary tenure in Saxon times was socage, and this tenure had preserved ^ "?/'^ its individuality down to the reign of Charles II., when it was re-established as the general .^thft. land tenure of the realm.* In the interim it was for the most part confined to property within boroughs, which, for many reasons, could not be conveniently subjected to military tenure. Whenever socage-land could be proved to exist, the old Saxon power of willing it existed also. Hence wills of houses in towns before the reign of Henry VIII. are occasionally to be met with, and there is an interesting one amongst our records.^ It is dated " Friday next after the feast of St. Kalixtus the Pope " (14th October), 1326. The testator, Benedict de Stoke, described as of Bath, gives Will of " To Joan his wife and her heirs All that his tenement m Stalls Street in Benedict " Bath between the lane leading towards the Kings Bath on the North and a * stoke. " Tenement of Walter Clement on the South which Tenement the said Walter " then held of him for life — she paying thereout to the Bishop of Bath 7s. and " a pound of wax yearly for ever for a Taper for the Blessed Mary of Stalls " and 4d. yearly for ever for four masses for his sotil." The will is mentioned to be proved before the Rector of Schepton Beauchamp, Commissary of the Bishop of Bath and Wells. 1 Statute I Edward III., c. 9. 2 Statute 12 Car. II., c. 2. Before the reign of Henry VIII., leasehold interests in and " uses" carved out of land were devisable. ' No. 56 in Appendix A. See also a will set out (No. 64) in Appendix A. 3—2 20 Ipilft^ ^Innidp^l ^sr^tir^ »f :]Saift. Confirma- tion of charters, »332- Further charter of Ed. III. >34l- The benefactions under this will were duly paid until the dissolution, and the records of the Augmentation Office mention them as passing on that event to the Crown. In the autumn of 1330, Edward, then eighteen years old, assumed the reins of government, and never were they held in a firmer hand. Mortimer, condemned by Parliament, was hanged at Tyburn for the murder of the late King, and a vigorous home and foreign policy was inaugurated. The hundred years' war with France drained England of much blood and much treasure, and inflicted upon her miseries for which the glories of Crecyand Poitiers may ill atone. But whilst we remember this, we must remember also that the reign of Edward bore little similarity to that of Richard Cceur de Lion. Though the King was much abroad, the statute roll of his reign reflects a most exhaustive and minute atten- tion to home affairs, and notwithstanding the pressure of taxation, our English home- steads were crowded with the rarest goods from foreign climes.^ The Christmas of 1331 Edward spent amidst great rejoicings at Wells; and we cannot doubt that he was duly interviewed by delegates from Bath, begging the young King, who was showing so decidedly that he had a will of his own, not to interfere with the privileges granted to the city by his predecessors. At all events we find that in the spring of 1332, Edward confirmed the city charter, and the Inspeximus is extant in duplicate amongst the city archives.'' The seals are almost perfect, and are of much artistic merit. We now pass on to the fourteenth year of the King's reign. He had been actively waging war in the Low Countries, but had been compelled, by want of money to pay his troops and allies, to retire from the siege of Tournai. He borrowed money at usurious rates from the Jews at Ghent, and left the Earl of Derby and some other lords in pledge to his creditors.* Then he took sail from a little port in Zealand, and cast anchor in the Thames, in front of the Tower, before his Ministers had gathered inkling of his intention. He vowed vengeance against them, but the quarrel was patched over by the grant of supplies. At this period the citizens of Bath obtained a charter of much moment* The first part deals with rights apparently included in earlier deeds, exempting the citizens of Bath from certain exactions in fairs and markets.^ The concluding part is of greater interest. It gives the citizens power to appoint their own assessors and collectors concerning the contribution of the city to all grants of tenths or fifteenths. It was customary to let the taxes to farm, and monstrous injustice was often per- petrated by the collectors. The advantage which citizens would have reaped from being made collectors of the quota of taxation to be paid by their city, must have been almost sufficient to mitigate by one-half the burden of the imposition. We cannot doubt that none of the city charters were granted without substantial payment, but in this reign the amounts are stated — for the charter of confirmation, 40s., "Anno gratix, 1348 . . . Videbatur Anglicis quasi novus sol oriri propter pacis abundantiam rerum copiam et victoriarum gloriam. Nam nuUius nominis erat foemina quae non aliquid de manubiis Cadomi CalicsiiB et aliarum urbium transmarinarum vestes furruras culcitras et utensilia possidebat ; mappjE mensales et monilia ciphi aurei et arpentea linthea et lintheamina sparsim per Angliam in singulorum domibus visebantur.' — Walsingham, Camden's edition. Frankfort, 1603, p. 168, " No. 9 in Appendix A. ' Rymer's Fcedera, v. 277. This was certainly an odd use to make of the House of Peers ; but a couple of years before he had raised money from the same usurers on security of his wife. Queen Phifippa. * No. 10 in Appendix A. • The terms are stallage, or payment for selling goods ;/«Vc(yT?, fee for liberty to dig holes for erection of a shed ; and murage and pavage, contributions towards the common expense of maintaining the bounds and alleys of the fair or town. If such exemptions were common, as undoubtedly they were, the lawful profits of the owner of a fair could not have been great. pg.bhtaxiit III. anir f^e ^BlrBtttft "^"ars. 21 and for that just mentioned, ;^2o. The latter sum is stated to be payable to the Exchequer.^ - In the same year the citizens had an opportunity of exercising their privilege. A Commis- writ^ was directed to William Rycard and Richard Rede to raise a subsidy of a whole sion of sub- fifteenth and a tenth, stated to amount tO;^i3 6s. 8d., granted by Parliament.^ ■'"^' The Commission after a lengthy introduction directs the Commissioners to call before them the mayor and bailiffs of the city, and four or six of the more discreet and honest men of the city and suburbs, and on their advice to levy the money on the city and suburbs. Two other records of this reign extant amongst the archives are worthy of note. In 1347 an invasion was threatened by Philip of Valois, and to avert this Edward Writ to determined to attack " the parts beyond sea." A writ was accordingly issued on the provide six loth February,* commanding the city of Bath to provide six fully armed men, to be at '"^"• Portsmouth on Mid Lent Sunday to accompany the King. * We have two modes of valuing the spending power of money in this period. The price of corn per quarter was, in 131 7, from 6s. 8d. tOjf4; in 1336, 2s.; in 1338,3s. 4d. ; in 1339,9s. (Smith's "Wealth of Nations," vol. i., p. 354). The price of labour fluctuated as much as the price of corn, After the plague, Edward attempted to drive wages, which had naturally increased, back to their former standard. The statute was of course unsuccessful, but is interesting as an indication of what were considered normal wages. The wages, without victuals, were as follows : Haymakers, per day, id.; mowers, 5d. ; reapers, in first week of August, 2d. — afterwards, 3d. ; threshers, per quarter of wheat or rye, ajd. — ditto of barley, beans, peas and oats, ijd. ; carpenters, per day, 2d. ; masons, 3d. ; tilers 3d.; thatchers, 3d. ; labourers, ijd. — Rot. Pari., ii, 234 ; Lingard, 4th edition, vol. iv., p. 64. ^ No. 1 1 in Appendix A. * An aid or subsidy differed from a tallage in that it could only be levied by the consent of the particular town or of the Commons in Parliament. A tax of a tenth or a fifteenth meant that propor- tion of each man's personal property, with a few exceptions, such as arms, a suit of clothes, plate in daily use, etc This constant searching amongst and valuation of men's property gave rise to great dissatisfaction, and in 1334 Commissioners were appointed in each county, with power to arrange a fixed sum to be paid in respect of a tax of a tenth from cities and boroughs and royal demesnes, and a fifteenth from the rest of the kingdom. Sums were fixed accordingly, and subsequent grants of a tenth or fifteenth were answered by a proportionate payment from each township. The compositions made by the Commissioners were very moderate. We have some amusing instances of the manner in which the zeal or laxity of the Commissioners might vary the amount to be produced from a tenth or fifteenth. In 1296, William Miller, of Colchester, had his property thus valued, for purposes of a subsidy : £ s. d. One quarter of wheat ... ... ... ... ... 036 One „ oats ... ... ... ... ... 020 One pig ... ... ... ... ... ... 020 £0 7 6 Five years later the goods of the same man were again valued for another subsidy : Brought forward ... Andirons ... A seat A quarter of wheat ... A quarter of barley ... Two quarters of malt . . . Two hogs ... Two pigs ... One pound of wool ... Faggots £ s. d Money .. 13 4 A silver clasp ..00 9 A ring .. I A suit of clothes .. 10 Abed ■■03 A cloth ..00 9 A towel ..00 6 A pot of brass ..02 A dish „ ..01 A cup „ ..00 8 Carried forward ■■■£1 13 £ s. I 13 o o o o o 4 o 3 o 4 O 10 o 3 o 3 O 2 Total ;^3 3 4 Lingard's " History," 4th edition, vol. iv,, p. * Nq. 13 in Appendix A. 130. 22 Iplll^ ^j^uttitipal ^]^cmtir» nrf "^Mnifi^ The city found it inconvenient to provide more than four men, and in lieu of the other two paid into the Exchequer 20 marks, and on the i6th May, 1347,1 letters patent were passed under the great seal, acquitting the city from finding the remaining two men ; but apparently not without some difficulty, for the patent states that this is not to be " drawn into a precedent for the future." Several other interesting records of this reign will be found in Appendix A. Edward's long reign, so glorious in its zenith, was degraded towards its close. His personal weakness and his evil government sowed the seeds of disturbances which were to bear fearful fruit in succeeding reigns. Even his own son, the heroic Black Prince, headed a constitutional opposition to his father ; and had he lived to guide the "good Parliament," much future misery might have been averted. He died, how- ever, in 1376, and the next year witnessed the miserable death of his father. Invasion threateiud by French, Confirma- tion of charters. IVat Tyler's rebellion. CHAPTER Vn. THE CHARTERS OF RICHARD OF BORDEAUX. NCE more the Crown devolved upon an infant, and Richard of Bordeaux, son of the Black Prince, a youth of ten, ascended the throne. The decline of the English power is aptly illustrated by a writ of 27th August, I Rich. II.,'' directing the mayor and bailiffs of Bath to survey and repair the walls and bounds of the city " against an invasion threatened by the French." This is followed by a writ on the 30th* November in the same year, directing the mayor and citizens of Bath to furnish a small vessel before the ist March then next, to attend at such place as the Lord Admiral should appoint, and a commission (4th March, 3 Rich. II.) directing the raising of a subsidy.* On the 9th March, in the fifth^ year of his reign, Richard confirmed the city charter. The Inspeximus is a good specimen of the illumination of the period. There is a floriated border in colour, and much enriched with burnished gilding, still quite brilliant. The payment made is said to be ten marks paid into the hanaper^ — as a fee, no doubt, for passing the seal, and not as a purchase-money. Both the original charter and the duplicate are sealed, but the former only is illuminated. , , , In June, 1381, occurred the rebellion of Wat Tyler. The general scope and history of the rising is, of course, beyond our subject, but one incident has an interest- ing connection with the records of Bath. The insurgents surrounded the Tower, where the King and many of his adherents took refuge. What followed is thus graphically described by Thomas de Walsingham : ' No. 14 in Appendix A. , », • a j- a = No. 20 in Appendix A. » No. 21 in Appendix A. « No. 22 in Appendix A. » No. 24 in Appendix A. , j „ • The Hanaper and Petty-bag Offices derive their names from the basket (or hamper) and small bag into which writs, etc., of a certain class were thrown, according to their relation to the rights of the Crown or a subject. JpEftE dTftaitfstts i^f ^icIiaittJ of ^wxttr^aux. 23 " The mob which was near the Tower compelled the King to give up to " them the Archbishop, the master of the Hospital of St. John, and others who " were lying hid in the Tower itself, and all of whom they proclaimed as traitors. " He knew that otherwise he would lose his own life. The King, therefore, " placed in this difficulty, allowed them to enter the Tower, and to search all " the most secret places according to their wicked will, and was unable safely to " deny them anything that they asked. "There were at that time in the Tower 600 men accustomed to war, " trained to the use of arms, men at once strong and skilful, besides 600 archers, " all of whom (which was wonderful) so conducted themselves that you would " deem them dead rather than quick. " They allowed not merely rustics, but the lowest class of rustics, not in a " large body, but one by one, to' enter with dirty sticks the sleeping chamber of " the King and his mother, and frighten the soldiers by threats, and to stroke " their beards with their rough and dirty hands, and to bandy familiar words " with them. . . . And whilst they were doing all this, and when, as we have " said, many of them were alone in the chambers, and were showing their " insolence by sitting and sprawling and playing on the bed of the King, and " even asked the King's mother to kiss them, not even then, which is wonderful " to relate, did these many soldiers and gentlemen dare to prevent even one of " such outrageous acts, nor raise a hand to prevent it, or even forbid such " conduct in words." The account goes on to tell us how the captives were executed and their heads barbarously paraded. Under the circumstances it is not unnatural that the report, sedulously spread by the insurgents, that the young King secretly supported the move- ment, should have obtained credence. To obviate the ill effects, the King's advisers (he was at the time only in his seventeenth year) caused a very singular proclaination to be made to the citizens of Bath, and no doubt other places. It commences as follows :^ "Richard, etc.. To the Bailiffs citizens principal men and the whole com- Disclaimer " munity of our City of Bath. We believe that it is already well known to you iy Kichard " and our other lieges that many wicked men against our peace in many "f'^'t^ "f " counties of our Kingdom of England to the great disturbance of our faithful ""'"'■S^"'^- " lieges have risen in a hostile manner in divers unlawful meetings and assemblies "cruelly killing (without fault of theirs) the venerable father Simon lately "Archbishop of Canterbury and Primate of all England our Chancellor and " Brother Robert de Hales, lately Prior of the Hospital of St. John of Jerusalem "in England our Treasurer, John Cavendish lately our Chief Justice^ and many " others of our lieges and faithful servants." After enumerating other offences against property, the proclamation continues : "Now because the said wicked men have falsely and lyingly asserted "and maintained that they have done and perpetrated the wicked murders " and damages aforesaid by our authority and will that thus they may success- " fully continue in their wicked course and improperly obtain impunity from " the premises We wish it to come to the knowledge of you and of our other " faithful subjects wherever they may be that the wicked murders and damages ^ No 23 in Appendix A. '^ Sir John Cavendish was killed after the death of Tyler. Some of Jack Straw's party seized him and led him in mock procession from his mansion at Cavendish to Bury St. Edmunds. There, after a ribald trial, he was sentenced to be beheaded, and his head was placed in the pillory. Cavendish was appointed Chief Justice by Edward III. in 1366. His original name was Gernon or Gernum. 24 W^^ ^i^utttcfpal ;Klilcixrtr« xif @atl|. Commis- sion of subsiily. Writ directing all char- ters, etc., to be sent in for ex- amination. " have in no sort proceeded and do not proceed from our will or order but "we are on their account exceedingly grieved and we feel that they in no " small measure redound to our own great blame and the prejudice of our crown " and loss and disturbance of our whole kingdom." The document then goes on to direct in a very general manner the punishment of insurgents. The pith was no doubt in the disclaimer. In the seventh year of his reign Richard sent another commission to raise a subsidy in Bath.i We now pass on to the twelfth year of the King's reign, and once more preface our mention of an extant document with a quotation from Walsingham •? "The King suddenly entered the' Council Chamber, and seating himself, " required to know what was his age. The reply was that he had already passed " his 2oth year. 'Therefore,' said he, 'I am of full age to manage my home and " family, and my kingdom also, and it seems to me unjust that I am made of " a lower estate with reference to my kingdom. . . , Now know that for too " long a time have I been governed by tutors . . . and as an heir of full age I " will call whom I will into my Council, and will manage my own affairs.' " He then made the Chancellor resign his seal, and entered upon the personal government of the nation. Now for our record. We have a precept, bearing the date of this year,* which shows that the King was bent upon searching out the true position of the various trading and other guilds and companies, which already showed signs of the future power they were to attain to. We extract a portion. The King orders : " That all masters and supervisors of mysteries and arts of every descrip- " tion who have any charters or letters patent granted by the King or his " progenitors in any manner affecting such mysteries and arts shall bring them " in before the octave of St. Hilary. " Also that all masters and wardens of guilds and fraternities shall certify " in Chancery at the feast of the Purification of the Blessed Virgin of the " manner and form and authority of the foundation and continuance of such "guilds and fraternities, of the manner and form and authority of religious " congregations communities and gatherings of brethren and sisters and of all " others of guilds and fraternities of this sort and of the liberties privileges "statutes ordinances uses and customs of the same guilds and fraternities and " of all lands tenements rents and possessions whether in mortmain or out of "mortmain and of all goods and chattels belonging to such guilds and " fraternities." Whether legislation would have followed we can but conjecture, but the Wars of the Roses put back all domestic progress in England for many generations. We just notice in passing letters patent,* dated 28th November, in the twentieth year of Richard II., being the exemplification of the record of the acquittal of Richard Godelegh, Henry Goldsmith, and others, who had been tried for felony in Bath. The letters were probably sent to the Mayor of Bath to be preserved as a public record. The ' No. 25 in Appendix A. ° Camden's edition, p. 337. > No. 26 in Appendix A. * No. 27 in Appendix A, where some interesting particulars are set out. other records of this reigtj are an acknowledgment of;^2o, borrowed by the King from a loan to the city of Bath in the twenty-first year of his reign,i and a commission to John Hull,' the King. Thomas Plomer (Mayor of Bath), and others, to deliver the city gaol.* We must not pass from this reign without mentioning some documents relating to the internal affairs of the city. Although the ownership of the city was in the Bishop, some property belonged to the municipality from a very early date. We have counterpart leases of corporate property, dated in the thirteenth Edward II., the twenty-third and forty-fifth Edward III., sixteenth Richard II., and fifteenth Edward IV. All the houses mentioned in these are in Stalls Street, except one, which is in Walcot Street. All of them are leases for lives, and are made to the lessees and their wives, and in some cases to a son or daughter also. One of the leases is of the property out of which Benedik de Stoke had made his charitable rents-charge to issue. It is mentioned that this pro- perty had been given to the Corporation by the " gift and bequest of John Freoman."* It is important to note that the lease of Edward IV. 's reign mentions aldermen and procurators as well as a mayor. The procurators were probably the bailiffs.* In 1399 Richard was deposed, and Henry of Bolingbroke was crowned as Henry IV. CHAPTER VIII. THE CHARTERS OF HENRY BOLINGBROKE, HENRY OF MONMOUTH, AND HENRY OF WINDSOR : AND HEREIN OF THE WOOL TRADE. N the i2th March, 1400, the dead body of Richard, who had been Confir, murdered in Pontefract Castle, was shown publicly in St. Paul's, and Hon of on the 25th of the same month the charter, which he had granted to charters by Bath, was confirmed by Henry. The charter* is not in duplicate. A kt^""y^f^-> of jCy is mentioned to be paid into the Hanaper. The next document we have to notice is a charter of Inspextmus by Henry V., son of the last-named King. In October 1414, the young King, being determined to claim the French crown, obtained a grant from Parliament of two-tenths and two-fifteenths, and raised money also by pawning the Crown jewels and other means. At this juncture it need not surprise us to find that the citizens of Bath obtained a renewal of their privileges. The charter ' is dated from Westminster on the 1 No. 28 in Appendix A. ^ No. 29 in Appendix A. ' It is to be noted that in this last document the mayor is named second. John Hull was probably one of the Justices of Assize. ' ' *The statute of mortmain cannot have been very strictly observed. It may be convenient to record the names of the mayors: 1320, John Cole; 1349, William Cubbel ; 1372, Robert Wattes; 1393. William Rous ; 1476, Robert Rogers. ' In the very interesting accounts of the church of St. Michael extra muros, which commence, from 1349, the churchwardens are called Procuratores. The accounts, transcribed and annotated by the late Canon Pearson, are set out in the " Proceedings of the Somerset Archaeological Society, 1877, 1878, and 1879." « No. 30 in Appendix A. ' No. 31 w Appendix A. and hy 24th November, second Henry V., and the original is in the muniment-room. The Henry V. payment into the Hanaper '\% £,\o. In the full flush of victory, with his foot on the step of the tottering throne of France, with his hand stretched forth to grasp its crown, Henry V., the hero of Agincourt, sank under an insidious disease, leaving a child of nine months to inherit his honours and battle with his enemies. The Duke of Bedford was appointed " Protector," and during his absence in France the Duke of Gloucester. A Parliament was at once held, and various Acts were passed to facilitate the carrying on of the business of the country. It would appear that amongst other provisions was one authorizing the renewal of municipal charters, but it is not published amongst the statutes of the realm. The explanation is interesting. Regency The Lords claimed a sole and exclusive right of acting in the name of the King, of mi^^rity ^/^PPoi'^ting a Council of Regency, and of exercising the Royal prerogative. The actual Hettry VI. '^^^^ °*^ *^^ session was apparently proceeded with in the ordinary way, but, at its close, ' the judges were ordered by the Council to separate those Acts which related to the coni stitution of the Council and the administration of the prerogative from those relating to ordinary national business, and the latter only were promulgated. ^ In 1429, Henry, then in his eighth year, was crowned at Westminster, and in the next year at Rheims, as King of France. But the Exchequer was in so bankrupt a con- ditiori that the journey to France had had to be delayed until the necessary funds could be raised, and after the ceremony the war languished for want of means. Confirma- It was during this period of impecuniosity that Bath obtained its renewal charter,' *^f . which is dated from Westminster, June 1st, 10 Henry VI. The sum paid is not 'ffm^^Vl. mentioned. The heading of the charter refers to the authority given by the Parlkment ' on the demise of Henry V, Jt runs as follows ; " We these charters etc. with the advice and assent of the Lords Spiritual " and Temporal in our Parliament held at Westminster in the first year of our " reign accept approve and confirm." It will be noted that the Commons are not mentioned. The charter has evidently been prepared for illumination, but the work has not been carried out In 1445, Henry married the celebrated Margaret of Anjou, the daughter of that musical pauper with many proud titles. King Rene,* hoping thereby to make a favourable arrangement with France, of whose King the bride was a near relation. The scheme failed, and loud were the murmurs of the people, then, as now, keenly sensitive on the subject of military glory, when it was found that as the price of the marriage, Anjou and Maine, the keys of Normandy, were to be surrendered. The Duke of Gloucester had been the active spirit in the administration, and he had been particularly keen in dis- covering and punishing offences in the provinces. He died in 1447, having been in partial disgrace for some time previously. It may be conjectured that Bath had fallen under his displeasure, and that he had laid charges against the city. However this may have been, a pardon was granted on the isth October, 25 Henry TL* A general The offences dealt with are, (i) breach of the statutes relating to cloth and other pardon. wool fabrics; (2) general offences, including capital crimes, but excluding treason against the King ; (3) seizure of the goods of felons, and offences against the forest laws ; (4) the non-payment of fines on alienation and licenses in mortmain payable to the King or his predecessors, previously to the 9th April last past ; (5) the receipt of thirds or thirds of thirds of the ransom of captives taken in war before the same date ; (6) offences against ' Lingard, 4th edition, v. 58. " No. 32 in Appendix A. * See the amusing sketch of this troubadour King in Sir Walter Scott's "Anne of Geierstein." * No, 33 in Appendix A, — _— — _— _^_^^^^^__^_^____^^_^^_— ^— ^^^^— — — — ^^^^— ^— — — — ^ the statutes forbidding^ the publication of apostolic letters and bulls; (7) the non-payment of fee-farm and other rents, escuage, fines, reliefs, and other payments due to the King before the ist September in the twentieth year of the King's reign. The pardon is not to apply to Eleanor Cobeham, daughter of Reginald Cobeham, Knight; John Bolton of Bolton, in the county of Lancaster, Bladsmyth ; William Wyghalt, late keeper of the gaol at Nottingham ; nor to the murder of Christopher Talbot, Knight ; nor to wool sent beyond the kingdom against the statute 18 Henry VI, Certain accounting officials are also excluded in general terms. Bath was a very considerable centre of the West of England woollen' trade, and a weaver's shuttle forming part of the arms of the priory denoted the importance attached by the monks to the manufacture. The church of St. Michael exfra muros possessed some large brass pots used for dyeing cloth, which the churchwardens used to lend out on hire.* The mill known as Monks' Mill was a fulling mill, and there were a great number of looms in the city. The most curious attempts have been made by the Legislature to '^^^ '"'ool benefit the wool trade, and to make that trade benefit the kingdom. Not only were the ^^'^P^^' prices and breadths of the diflerent cloths prescribed, but the importation of cloth and the exportation of wool or wool felts were alike forbidden ; and, even down to the reign of Charles II., death was the assigned punishment for breach of the law. With reference primarily to the wool trade, but for the aid of commerce in the other staple industries- of leather, lead, tin, etc., also, the Plantagenet Kings did not hesitate to abrogate their whole system of common law, and to substitute the " law merchant,'' which was to a great extent based on the Roman civil law. In certain specified towns, including Bristol, was established the " Staple." The Mayor and other officers of the staple registered and supervised contracts, decided disputes, and received recognisances from one merchant to another. Later on the " law merchant " became incorporated with the common law. In the 26th year of the same reign a further charter was obtained, which requires a word or two of introduction. We have seen that the City of Bath was granted to the Bishop of Bath and Wells, and the continued ownership of the Bishop is proved by the grants of fairs and markets to him in the reigns of the three Edwards. We have no conveyance extant from the Bishop to the citizens, although the rights of the Bishop did somehow or another vest in them. In the charter now under con- sideration there is a sort of clue to the transaction. It recites the charge which " the citizens were at, of the fee-farm* they paid to the Bishop." Now the seignorial rights of the Crown and of the grantees of the Crown in towns, had lapsed into the receipt of an unvarying annual rent, and probably custom cut down the rights of the Bishop to this limited payment, and gave to the citizens the practical enjoyment of all the franchises- nominally vested in the Bishop. There may have been, therefore, no formal grant at all, although there must have been some particular period when the Bishop admitted the title of the citizens ; for grants to the Bishop are found, as we have seen, in the custody of the citizens. ^ The statute 38 Edward III. was passed to prevent English benefices being sought to be obtained by Papal influence. ' We fear.from a recital in the statute 13 Richard II.,c. 1 1, that the West-Country wool had not always a good name : " Forasmuch as divers plain cloths that be wrought in the counties of Somerset, Dorset, Bristol and Gloucester, be tacked and folded together and sent to sale, of the which cloths a great part be broken, broused, and not agreeing in the colour, neither be according in breadth nor in no manner to the part of the same cloths shown outwards ... to the great slander of the realm of England," etc. ' These seem to have been bequeathed to the church. There was at this period very little personal 'estate, except of the nature of specific chattels, and as land could not under the statute of mortmain be given to charitable purposes, wills abound with all sorts of quaint specific bequests. See some instances in the will No. 64 in Appendix A. * The fee-farm payable at this time to the Bishop was apparently larger than the very moderate rents afterwards payable to the Crown, •> 4—2 28 W-flVi ^j^uttitipal ^BC0x:!tr» ttf ^aift. Further charter by Henry VI, In the reign of Elizabeth, when the municipal accounts commence, we do not find any rent payable to the Bishop, but we do find some Crown rents. The charter^ dated from Westminster, on the 26th November, 26 Henry VI., concedes the following privileges : 1. The mayor shall be " Gustos Pacis," and shall inquire of felonies and other offences. 2. The citizens shall not be called on to answer at County Sessions for things arising in the city, and no other justices shall intrude themselves into the city. 3. The mayor shall have the assize of bread, wine, beer, and of all other kitjds of victuals, and correction of weights and measures, and the King's clerk of the market is not to enter. 4. The mayor and procurators to hold pleas of personal actions, as well trespasses against the King as betweeij subjects. 5. The concessions are not, however, to prejudice the Bishop.^ Assize of bread and ale. The mention of the assize of bread raises an interesting question. Communica- tion between different agricultural centres was so difficult and slow that farmers hesitated to sell their goods, and a remedy was sought in a periodical public statement of the prices which were to rule. This system dates from the reign of Henry III., and the convenience of having the right of fixing the prices vested in the local authority must have been very great.* At first blush it may not seem very material whether the accuracy of weights and measures is tested by the central authority or by a local official. The clerk of the market of the King's household had this duty throughout England j but, as usual, he abused his trust, and extorted money for doing his office. Jack Cade's rebellion was one which just escaped being a formidable historical fact It failed ; and Henry was free in giving pardons to all who had been concerned in it. A general /^ pardon, under the Great Seal, was granted to Bath, which is still amongst our fardonby archives (12 June, 30 Henry VI.).* It is in terms very similar to the one already Henry VI, cited, but excludes from its operation the murderers of Adam, Bishop of Chichester, and William, Bishop of Salisbury, and their aiders and abettors.* 1 No. 34 in Appendix A. ' The seal is said to be affixed " Per ipsum regem et datum prsedicta auctoritate parliament!." 'By statute 51 Henry III., c. I, the price of bread is to be governed by the certified price of wheat, and brewers are forbidden to charge more for their beer than "according to the rate of sixpence rising in a quarter of malt." The same statute makes regulations as to standard weights and measures. The pillory is to be the punishment for breach, * No. 35 in Appendix A. » Adam, Bishop of Chichester, was keeper of the Privy Seal and one of the witnesses to the charter just mentioned. He had been sent abroad by the King to give possession of Maine and Anjou, and became very unpojpular in consequence. In 1449 Rouen was taken by the French, and rather as a concession to popular feeling than with any serious intention of defence, an expedition was sent off from Portsmouth. The Bishop was sent down with funds, but was recognised and killed by the mob. The Bishop of Salisbury was, during Cade's rebellion, seized just as he had celebrated mass, and slain on a little eminence overlooking Eddington (1450), ^bhrartr IV. to ^I|tKjr anir ^i^arg. 29 CHAPTER IX. EDWARD IV. TO PHILIP AND MARY; AND HEREIN OF THE OWNERSHIP OF THE HOT SPRINGS. T this tjme the Wars of the White and Red Rose were commencing, and on the very day of the coronation of Edward Duke of York as Edward IV., Henry died. But the party of Lancaster was not subdued ; and during many succeeding years, civil war desolated English fields and homesteads, and drained away the best and noblest blood of English- men in that most unsatisfactory of all differences, a dynastic war. Edward, by charter, dated from Westminster on the i6th November, in the 6th Confirma- year of his reign, renewed the privileges granted by the charter of ist June, lo Hon of Henry VI. ; but his charter of Inspeximus makes no reference to those conferred by '^'^''''"• that of 26th November, 26 Henry VI.i The sum paid -appears to have been ten marks into the Hanaper. The charter has been prepared for illumination, but has not been completed. The reigns of Edward V. and Richard 111. passed away without any charters having been granted to Bath. In the reign of Henry VII., we have only a commission of subsidy, dated the 22nd February, in his 7th year.* We now pass to the period of the Reformation, There is only one charter of Henry VIII. to be found in our muniment-room. It is dated from Westminster, 27 June, 36 Henry VIII.* This is a grant to the Mayor and citizens of Bath of a yearly fair within the city. Grant of a to be held on the ist February, and the six following days, together with a Court oif<^irby Piepoudre and all purprestures, tolls, etc., to such fairs belonging.* It was called ^/^Y orange fair. The border of this charter contains some quaint and well-executed devices in pen and ink. It would not be easy to over-estimate the violence of the convulsion which the Reformation wrought in England : the changes effected were not only great in them- selves, but far-reaching in their results ; and they affected the political and social only less than the religious state of the country. At this critical time a weak man held the important post of Prior of Bath — Subser- William Gibbes, or Holwaye. He was not of the stuff of which martyrs were made, and ■viencv of in 1534 took the oath of supremacy. He did his best to curry favour : the advowsons, or, f""" "'"^ in some cases, the next presentations, of the Hospital of St. John the Baptist,* of Long Ashton, Corston, Walcot, Stanton Prior, Kilverton, Cary, Southstoke, Usk, Batheaston, ' No. 36 in Appendix A, ^ No. 37 in Appendix A. ' No. 38 in Appendix A. It is stated to be given " per breve de private sigillo et de data praedicta auctoritate parliament!." * This fair was held down to 1851, when it was suppressed, to the great indignation of the juvenile members of the community. ^ See the grants set out in Warner, Appendices 54 to 70. It is but fair to say that Holwaye spent a considerable sum in rebuilding the Abbey church, and lome of the grants may have been with the object of raising money for this purpose. Englishcombe, Stalls, and Weston, were granted within a few years ; a- pension was granted to Lord Cromwell, and corodies, or allowances of daily victuals, were also granted. In 1539 the possessions of the priory were surrendered to the King, and Holwaye received a reward for his subserviency in a pension of £,^0, a house and garden in the parish of St. James, and the perquisites from the baths. It is pitiable to think of a man once honoured as was Holwaye receiving such a pension from such a king, and taking the emoluments of hot baths, then only frequented by a few tennis-players. Henry granted to Humphrey CoUes the precinct of the late monastery, the Ham mead, the Ambury meads, and all the monastic property in Lyncombe, Widcombe, HoUoway, and Walcot^^ We are of course only here concerned with this great wave in so far as it affected the social condition of the city as mirrored in the records of the municipality. Henry VIII. was a mere spoiler. Churches which, if religious feeling had died out of the land, ought to have been preserved as gems of architecture adorning its surface, and to have been reverenced as the depositories of the bones of the great dead, were abandoned to those who viewed them as mere quanies of hewn stone. Abbeys and priories were ransacked for treasure, and noble buildings were reduced in a few days by disappointed searchers into masses of shapeless ruins. As in the material, so in the moral order. In every monastery was a free-school, and a provision for the relief of the poor. Opinions may differ as to monasteries and their advantages, but there can be no difference of opinion as to the harm the country sustained by vast wealth, which was in part, at all events, devoted to the public good, being granted off to royal sycophants who knew of no liberality but in the indulgence of their passion for luxury and display.^ The advisers of Edward VI. saw clearly that unless some attempt was made to build up what Henry had thrown down, the country must rush to unutterable ruin.' The attempt can be traced at Bath, as well as in many other towns. p^gg By a deed, dated the loth July, in the 6th year of Edward VI.,* that King granted grammar to the citizens " all and singular his messuages, etc., situate as well within the city of school Bath as the suburbs thereof, being formerly parcel of the lands of the late dissolved f^^^ ^y Priory of Bath," in trust for the maintenance of a free-school and some almshouses, known in the city records as " the Black Alms," "the Bimberries," and " St. Catherine's Hospital." The King reserved to himself a head-rent of ;^io. * Prior Park, the country residence of the Prior, is expressly mentioned in the grant. Our reference is taken from an official extract from the records of the Augmentation Office amongst the deeds of Prior Park College. ''The latter part of this sentence is of general rather than local application. 8 There are a few early statutes as to the poor, but they are not of a character to give us to under- stand that the question had been a burning one. After the dissolution of the monasteries legislation became fast and furious. The statute I Edward VI., c, 3, is very instructive. It makes the following provisions : (l) Men not working for three days and not offering to work for mere meat and drink, or leaving work, to be branded with a hot iron on the breast with the letter V, and to be assigned as a slave for two years. (2) The person to whom the slave is assigned may give him bread and water or small drink, and such refuse-meat as he may think proper, and cause him to work (how vile soever it be) by beating, chaining, and otherwise. (3) If the slave runs away he is to be branded on the forehead or the ball of the cheek with a hot iron with the sign of S, and is to be assigned as a slave for ever.^ After a few r every ; (according to such talent as God had given him) a godly and briet exnoriation to nis parisnioners, muviug and exciting them to remember the poor people and the duty of Christian charity in relieving of them which be their brothers in Christ, born in the same parish and needing their help." Let it be said, to the credit of Englishmen, that they refused to give effect to this wicked statute, and a few years after- wards it was for this assigned reason repealed. ♦This deed is now in the custody of the Governors of King Edward s School. ^l^bhtarh IV, iv ;]i>^tKp antr ^^am- 31 The hospital itself was in Birabury Lane, and was built during the reign of Queen Mary. It is not a little remarkable that in a city, of which the origin and the prosperity are alike dependent on the possession of hot springs of healing waters, a doubt should exist as to how these became vested in the Municipality, and our astonishment is increased when we reflect that no serious attempt has been made to solve it. It is admitted on all hands that, down to the dissolution, the springs were vested in the prior and monks, and that they were under obligation to maintain the " King's Bath " in such a state of decency as might befit royalty. The baths were partly within and partly without the precinct of the monastery, and the King's Bath and the springs were wholly without Leland expressly tells us that from the King's Bath " goeth a sluise, and servid in tymes past with water derivid out of it 2 places in Bath priorie used for bathers els void for in them be no springes. "1 Let us first dispose of the baths within the precinct. These, with a derivative supply of hot water, passed to Humphrey Colles under the grant of Henry VIII., and the right to water was purchased by the Corporation in 1878. The King's Bath and the other baths beyond the precinct, the Cross Bath and ''hot bath," and the springs, were with the other monastic property vested in the Crown. These did not pass to Humphrey Colles, being neither named nor situate in any of the parishes comprised in the general description. Wood^ tells us that William Holwaye, the late Prior, received the emoluments until his death, and ^hat then the Corporation became lessees. In the sixth year of his reign, Edward VI. granted to the citizens as an endowment for the Free Grammar School and Black Alms Charity, all the property in Bath part of the possessions of the late Priory then vested in the Crown, It admits of no reason- able doubt that this grant then passed the baths to the Corporation in a fiduciary capacity. The only escape from this is in the supposition that some oth^r grant had been made, but there is evidence that such was not the case. On the death of Holwaye the house which had been assigned to him reverted to the Crown. He died in the lifetime of Henry VIII., and Edward VI., in the first year of his reign, granted a lease^ of the house he had occupied to Eichard Erampton for twenty-one years, at a rent of 20s. The emoluments of the baths had dwindled to a small sum, and it was not an unnatural idea that the perquisites, such as they were, might be regarded under the special circumstances as appurtenant to the house which Holwaye had occupied. In 1562 Dr. Turner wrote a treatise* upon the mineral waters of Europe, amongst which he assigns a high place to those of Bath ; and this publication began to excite public attention to the great treasure which had been allowed to fall into disrepute. The words of Dr. Turner are certainly calculated to startle apathy into action. "There is money enough spet u^o cockfightinges, tenesplayes, parkes, *' bankettings, pageantes and playes serving only for a short tyme ye pleasure oft " tymes but of privat persones which have no nede of them. But I have not heard " tell that any riche man hath spente upon these noble bathes beynge so profitable for " the hole comanwelth of Englande one grote these twintye years." ^Leland's " Itinerary,'' vol. ii., p. 238. These baths are mentioned by Wood (Essay on Bath, 2nd edit.), vol. i., p. 186, to have been built by John de Villula, and to have been called the Abbot's Bath and the Prior's Bath. 2 Wood, vol. i., p. 198. Wood's statements are not always reliable, but in this instance he is corro- borated. He had access, as he tells us, to the memoirs of the Chapman family, which would certainly be likely to deal correctly with a fact which must have been notorious, ' No. 39 in Appendix A. * "A Book of the Natures and Properties as well of Bathes in England as of other Bathes in Germany and Italy very necessary for all Sick Persons that cannot be treated without the Helpe of Natural Bathes, gathered by William Turner, Doctor of Physick, 1582." Not unnaturally the Corporation became alive to the value of the waters, and a dispute arose between them and Humphrey Cotton (an assignee of Frampton) as to their ownership. There was also another dispute with Cotton. He had acquired another curious right. We have seen that Bath had been granted to the Bishops of Bath and Wells, but we do not know when the ownership of the Bishops determined. From the circumstance of Henry VIH., in the thirty-sixth year of his reign, granting a fair to the Municipality, it would appear that the Bishop was not at that time the owner of the city. From a document to be now mentioned, it seems clear that one Nicholas Kingston had been appointed for life to the office of collector of the " liberties of the Citie of Bathe, and of the rentes of assize and fee farms of the same, and of all other hereditaments there to the late^ Bysshoprycke of Bathe and Welles apperteyning." This life office Nicholas Kingston assigned to Humphrey Cotton. If the Bishop's interest in the city had been transferred to the Municipality, it would obviously be inconvenient that a collector appointed by the Bishop should remain in office. This gave rise then to another difference with the Corporation, and we have in the muniment-room a bond^ by which both parties engage to abide by the arbitrament of Sir John Sydenham, John Wadham, and the Humphrey Colles already mentioned. These gentlemen made their award^ on the 28th January, 1554,* and adjudged : 1. ' That the saide Humfrey Gotten afore the feast of Seynt John the Baptist ' by suffycient conveyance in the lawe shall convey vnto John Davyes '[Mayor of Bath] Edward Ludwell Richard Chepirian and other the ' inhabitantes of the said Cytye of Bathe all the ynterest that Nicholas ' Kyngston and the said Humfrey Cotten have in the office of the Bayly- ' wyke and CoUectorship of the Citie of Bathe,' etc., • for the terme of the ' lyef Of the said Nicholas Kingston. 2. ' That the said Humfrey Cotten before the said feast shall make such con- 'veyance as the lerned Counsayle of the said John Davys Edward ' Ludwell Richarde Chepman and other thenhabytauntes of the said 'Citye shall advyse of all his estate in one Cotage or burgage and one ' garden adioynyng withe thapptennces in the said Citie called the Pryors ' house and also of and in one howse or mesuage with thapptennces in ' the said Cytie of Bathe callyd the Harte withe twoo meadows con- ' teynyng twoo acres and also of and in the baynes otherwyse callyd the ' bathes of the said cytie of Bathe.' 3. The payment to Humphrey Cotton of the ' some of fower score and tenne poundes ' by certain instalments. The Crown leases to Frampton and Cotton were apparently given up to the Corporation, but no trace exists of the conveyances directed to be made. 'The meaning is no doubt "late to the Bishopric, etc., belonging." * No. 66 in Appendix A. The condition of the bond is to obey the award of the arbitrators upon "all manr- of causes controuses stryfes and debates nowe depindynge and beinge in varyance betwyne the said pties from the bigynnynge of the worlde unto the daye of makynge herof as further it dothe appeere moer plaenely in certen Inslruccions directed from the kynge and quenes most honorable Councell unto the said Sr. John Sydenhm John Wadhm and Humfry Colles except only one Article amongest other of the said Instruccions consnvnee the Right tytle and interest of the Baynes of the said Cytie of Bathe and the Fee of vj /i and xxd. ' No. 67 in Appendix A. * The style of the Sovereigns is most elaborate : " Thilipp and Mary, by the grace of God, Kinge and Quene of England, France, Naples, Jerusalem and Ireland, defenders of the faythe, Princes of Spayne and Cecilly, Archduke of Austriche, Duke of Mylleyn, Burgundy and Brabant, and Fries of Haspurge, Flaunders and Tyroll." ;^bhrarir IV. fx» ^i^xlh^ attltr ^lUM- 33 The property mentioned in the award as the Prior's house was afterwards admitted to be subject to the charitable trusts of the charter of 6 Edward VI. The conclusion seems irresistible that, as the baths vested in the Crown, and, save T^e title to by a lease, were ungranted in 6 Edward VI., they passed to the Corporation under the t^^ Hot charter of that year. It is, at first sight, therefore, somewhat puzzling to find Wood^ pnngs. and Warner^ boldly stating that the baths, were vested in the Corporation by the charter of 32 Elizabeth to be pVesently mentioned. This charter neither grants nor purports to grant anything not already belonging to the Corporation ; it is simply confirmatory. There was, it is true, another grant made by Elizabeth in the twenty-seventh year of her reign, of the existence of which both authors seem to have been unaware ; but it comprises only fifty-six houses, all fully identified, and contains no general description. How then does the error arise ? The explanation is but too obvious. The only title the Corporation had to the springs or. baths was as trustees under Edward's charter for the Grammar School and Black Alms charity. In Wood's time and Warner's the subject of the dealings by the Corporation with the charity property was exciting much scrutiny, and the Council, keenly alive to the danger, and allowing no one to have access to their records, gave out that the baths had been granted by Elizabeth to the city. The actual beneficial title of the Corporation commenced with the compromise made with the Charity Trustees several centuries later. The present is a convenient place in which to mention the utilization of the hot The works springs down to the end of the reign of Elizabeth. executed There were at the date of the dissolution of the Priory three baths beyond the f^^"^"- precinct of the monastery — the King's Bath, the Cross Bath, and the Hot Bath. The Cross Bath had apparently fallen out of use, whilst the Hot Bath was used only by lepers. Mr. Bellott, the steward of the household of Queen Elizabeth, built the bath now known as the Queen's Bath, by the side of the King's Bath, on a piece of land acquired from the owners of the Priory property. This obtained its present name in 1615, from the preference given to it by Anne of Denmark, wife of James I. ; until that date it was known as the New Bath, and was devoted to the use of the poor. The Cross Bath came into notice again during this reign, and was preferred by some fashionable bathers in consequence of a real or supposed difference in the chemical constituents of the spring which supplied it ; and about the same time the bath origin- ally known as the Leper's Bath, afterwards variously as the Hot, Common, or Long Bath, was, as Wood expresses it, " rescued from the common people." Even assuming that the " New Bath " was still available for the ordinary poor, no bath would be left for the accommodation of the lazars or lepers, a class at this time numerous. A new Leper's Bath was built on the west side of the Hot Bath. It was a very small one, 10 feet from north to south, 8 feet from east to west. The exact date of its origin we have not been able to trace, but the Chamberlain's accounts preserve an interesting record of the little hospital built for the poor who frequented it. At the time of the Reformation, John Feckenham was one of the community oi Abbot the monastery of Evesham. He was a man staunch to his^ principles, and, unlike fe<:ketiham Prior Holwaye of Bath, refused to take the oath of supremacy. He suffered imprison- "^lazars' ment in the Tower in the reigns of Henry VIII. and Edward VI., but immediately BospUal. after the coronation of Mary, was made Queen's Chaplain and Dean of St. Paul's. Secular Canons had been put in possession of Westminster Abbey, but in November, 1556, the Benedictine monks were restored, and Feckenham was appointed Abbot. On Mary's death, Feckenham preached her funeral sermon. The Abbot had done » Vol. i,, p. 203. 2 P. 320, many acts of kindness to Elizabeth in her troubles, and she endeavoured, on coming to the throne, to win him to the new religion; and on his refusal to conform, kept him under durance for twenty-three years, besides three times subjecting him to torture. His imprisonment was at first in the Tower; then he was placed under Horn, Bishop of Winchester, was again taken to the Tower, and afterwards to the Marshalsea. For a time he was allowed out on parol, and resided for some time in Holborn, and afterwards in Bath. The Whilst here he interested himself in providing accommodation for the sick poor Lazars' who flocked to the healing waters. In 1576, the Chamberlain thus takes credit for a Bath, payment : " Delyuered to Mr. Fekewand, late Abbot of Westmr., Three Tonnes of " Tymber and x foote to builde the howse for the poore by the whote bathe, c " xxxiijj. iiij^. To hym more iiii. of lathes at x^. the los. 2d. We cannot find any authority for the increase. This 1 No, 68 in Appendix A. ^ Ante, p. 27. rent of ;^8 los. 2d., and the rent of ;^io reserved by the charter of 6 Edward VI., were for many years paid separately ; but later the two were included in one payment, but of ;^i7 los. instead of Jf 18 los. 2d. To show how hopeless would be any attempt at identification, we may mention that when, in the reign of Charles II., there was a general sale of Crown rents, that of ;£8 los. 2d. is described as having been reserved by the charter of 32 Elizabeth, which reserves no rent at all. The probable explanation, although it does not admit of proof, is that the Bishop paid a rent to the Crown based on an estimate of the value of the city temp. Edward I., and imposed an improved rent on the city of considerable amount ; that in the reign of Henry VIII. the title of the Bishop vested in the Crown, and that, after some negotiation, the Crown agreed to accept from the city the original rent which the Bishop had been wont to pay, the improved rent being allowed to lapse. The fee of j£6 and 20 pence may well have been the original rent. TAe In 1573 Elizabeth was very alert in looking up the internal defences and resources militia. of her kingdom, and we have, amongst the muniments, a commission^ of that year relating to the drilling and accoutrement of the "musters'' or militia.^ The commission is not of a character that need detain us, but there is one feature of interest connected with it. The original is, according to the inflexible rule, in Latin; but it no doubt occurred to the officials that now the monks were scattered, there would be no one able to translate that language into the vernacular, and accordingly a summary in English accompanies the original, explaining very pithily what is to be done, and how and when. Appoint- In the following year there is a grant^ from the Crown of a most high-handed '"fi"/ ,1 description. The Queen appoints William Swayne to the office of Bailiif, Coroner, market. Escheator, and Clerk of the Market of the City of Bath. The offices of Coroner and Clerk of the Market were by former charters vested in the Mayor, and the office of Bailiff had become by custom elective. We do not hear of any opposition raised : indeed, to oppose Elizabeth required more than the spirit of a provincial town. The In 1574, Elizabeth made a royal progress through the kingdom, starting from Queen's Greenwich on the loth July. She reached Bristol on the 15th August, the route being '^Bath'in ^'^°^^ Windsor, Reading, Ewelme, Halton, Woodstock, Langley, Sherborne, Sudely, ,j7^ Boddington, and Gloucester. At many towns, and notably at Bristol, the Queen was received with great splendour, and "Oracions, Immes, and Sarmonds" acted as a counterpoise to dramatic entertainments. Leaving Bristol on the 21st August, she remained in Bath over Sunday the 22nd, and continued her progress through Hazlebury and Lacock on the following day. Of the doings at Bristol, a most minute account has been preserved, but although there have been many speculative opinions expressed as to the Queen's residence in Bath, there is no record or even fixed tradition. We have, however, some indication of the preparations made. The City Chamberlain's Account* for the following year con- tains these entries : " Given to the Queresters of Welles att the Queenes ma''' being heare, yis. " Y^" to the Painter of Salisbury for his worke dcSne at Westgate the Kinges " Bathe and at Northgate, iiij//. xiijj. m]d. " P''° to one that kepte cleane the walles of the City att the Queenes ma"" beinge "heare, . . . ^ No. 41 in Appendix A. ^ See Appendix F, where the Chamberlain's account for the year 1588 is'set out. The details are very interesting with reference to the muster. ' No. 42 in Appendix A. ^ The original is with the churchwardens of St. Michael's extra vmros. How it got out of its proper custody is not known. " ?■" to the tapster of the Harte for the gentlemen Ushers and his companyes " dynner, xijj. viijV. " P''' for cordes for the oracon place, i]d. " For making the oracon place, xijd. " To the Bellman for dressing the Tankards and for grene, vjV. " To Forte for glasing of Stalles church windowe at the Queenes mat^ being heare, "iiijf. iij^. " To the Bellman for grene for the new Church, iiijd. " To Fitche for iiij yards di of blacke frise at xvd. the yarde for the Bellmans " Coate, \s. \i]d." There are besides some items for repairs to the Baths, and for painting the Guild- hall door, and the city gates, which were, no doubt, parts of the general " brush up." The " grene " would have been for strewing the floor of the church which the Queen visited on the Sunday. The one thing we must be most struck by is the very small expense which a royal visit then entailed. A roll of the Lord Chamberlain, entitled an account for " apparel- ing and making Readye of the Q mats Howses with others in Prograsse tyme " explains this. It appears that throughout, and whether the Queen was stopping at private houses or otherwise, the expenses were borne by herself. The first night the Queen was in Bath, her expenses amounted to jQ^<)2 zs. sfd.^ The next day's expenses were "£iBi 13s. 6Hd." Our next document deals with some ecclesiastical property. All the properties of the monastery were vested by statute of Henry VIII. in the Concealed Crown, but in the confusion and scramble much valuable property was concealed and i^^""^ taken possession of by tenants and strangers. To remedy this, commissions were issued t^°P^^y- for discovering concealed properties, both in the reign of Edward VI. and Elizabeth. An ofBce copy^ of a commission in the 27 Elizabeth is amongst the archives. It directs Thomas Rowsewell, William Atwood, William Whalley, John Hayles, William Cavell, and Thomas Harryngton^ to inquire as to all lands and tenements in the county of Somerset belonging to the Crown by reason of the dissolution of monasteries, etc., and by the statute of mortmain, or by reason of attaint for treason, and concealed and unjustly detained. The Commissioners present^ that fifty-six tenements in Bath belonged to the Queen, and that the present occupiers had no right to them. In March, 1585, the Queen granted^ all the houses mentioned in the inquisition to Grant to William Sherston and John Sachfield. sherston There was some shuffling about this grant. The tenements in Bath, which were "■^ included in it, were in the immediate neighbourhood of the churches of St. Michael extra ^'^^M'^- muros, and St Mary de Stalles, and there is the strongest possible evidence that they were not " concealed lands " of the monastery at all, but part of the possessions of these two parish churches. Besides, however, the tenements in Bath, the grant included 30 acres of arable and 6 acres of pasture-land, and "a decaied Colemyne," in Tockoles, in the town 1 " Cenam, £\2\ 6s. ; Butteria, £t,(i 2s. 4d. ; Garderoba, £,\^ Js. ; Coquina, £,(>% 4s. 4d. ; PuUetria, jf i5 8s. gd. ; Scuttleria,;^4 ; Salseria, i8s. 2d. ; Aula, £,t, 17s. ; Stabulum, £,<) is. 44i My Lord of Sussexe, Mr. Cooke, Sr. John Salisburie, Mr. Price, Mr. Cosseworthe, Mr. Colthirst, my L. Bishop's wife. In 157s, Sr. Robt. Lune, and in 1603; Mr. Estcourte, and in 1603. In 1576, Sr. Walter Hungerford's Sonne, Mr. Henry Newton, Mr. Jones, of Welles, In 1577, My Lorde of Hunesdon, Mr. Coiferes, Sr. John Gilberte. In 1578, Sr. Edward Umpton, Mr. George, Mr. Clyfton, Mr. Flower, Mr. Marshawle and Master Callanger, Sr. George Speake. In IS79> Doctor Julio, my Lord Chamblaine, and in 1600 and 1602 ; my L. Pagett, my L. Bishopp of Bathe, and in 1585 ; yonge Mr. Gorge, Sr, John Clifton, and in 1587 ; Sr. Gilles Poole, Sr. Henry Nevill, and in 1583 and 1585. In 1580, Sr. John Horn's doughter. In 1581, Sr. Henry Sydney, Sr. Henry Sherrynton, Dr. Mathewe. In 1582, Mr. Henry Scowton (hyghe Shryfe), my Lord Delaware. In 1583, Sr. Nicholas Poyntz, Mr. Wortlye, the Lord of Pembrook, and in 1595 ; Mr. Samuell Norton, Mr. Doctor Jones, a chaplyn of Sir Christofer Hatton's, Doctor Bysse, and in 1588, 1600, and 1602; Mrs. Elizabeth Garret, one of her maties maydes of honor; Mr. Edward Horton, Mr. Lovell, the Bysshopp of Gloucester, and in 1600. In 1584, Sr. George Carye, and in 1588; Mr. Gylpyn, Sr. John Yonge, Sr. Wilhn Pelhm, and in 1587. In 1585, Sr. Thomas Heneage, Doctor Gaye, and in 1588. In 1587, My Lord of Lecseter, ray Lord of Warwicke, my Lord Dale of Ware, Doctor Lewys, Sr. Walter Ralley, and in 1590 and 1600. In 1588, The Lady Russell, the Lord of Canterburi's Comissioners. In 1589, My Lord Northe, and in 1594 and 1600 ; Sr. John Parrat. In 1590, General Norris, my Lord of Northumberland. In 1592, Sr. Thomas Sysell, and in 1594 ; Mr. Newton and his wife, Doctor Arrye, the Duke of Houlte, Sr. Thomas Wilkes, my Ladie Henadge. In IS93> Mr. Phillippes, and in 1600 ; Doctor Aberie, and in 1594. In 1594, The Bishopp, Mr. Thomas Horner, and in IS9S and 159? ; Mr, Cooke, the L. chiefe Justice, and in 1597 ; Captaine Lee, Mr, Puckerne, Mr. Mourton, Mr. Orringe, baron. Ewens. In 159S, Sr. Frauncis Hastings, and in 1600; my Lord Abergavenny, the Erie of Bathe, the Lord of Cumberland. In 1596, Mr. Hopton, and in 1598 and 1601 ; my L. of Oxon and the Countess of Cumberland, a gent that laie at the Abbey, on Mr, Maynard. In 1597, Sr. John Stawell, my Lord Bishoppe, the Lord Ritch. In 1599, Sr. Robert Sisell's Sonn, the Erie of Rutland, Sr. Henrie Graye. In 1600, Mr. Saxie, the Lady Marques, and in 1602 ; Mr. Roberte Stapleton. In 1601, Sr, Edward Dennie, Sr. Thomas Gorge, the Lord Cobham. In l6o2, Sr. John Poynes, the Earle of Tumorth, Sir Edward Wyngfield, Mris. Carr, Mr, Smyth. Cfftattifa&t^ attiir '^tttnnxAiiit^t .^flfattt^* 51 CHAPTER XII. CHARITABLE AND ECCLESISATICAL AFFAIRS. I HE duty of relieving the poor rested with the Chamber, but very little money was laid out in this way.^ It must be admitted that the Chamber were but unjust stewards of the Charitable and Ecclesiastical properties vested in them. Their backslidings and malpractices are matters both of history and of record. Even before the reform of the Corporation the people rose up and refused to tolerate the shameful misappropriation which so scandalously prevailed. The misconduct was of a kind which increased in magnitude as years of impunity rolled by. At the time we are ' considering, the trusts had only just been reposed in the Chamber, and the system of peculation had not yet got fully under weigh. The subject, therefore, properly belongs to a later section of the Municipal Records, and we here propose to confine ourselves to a few examples. At the time of the Reformation the ecclesiastical system of the city centred in the j^^^ ^ny Abbey. That church was for the use of the monks primarily, and was not devoted to churches, parochial purposes, but there were many attendant vicarages and some oratories. In the first place, there was the parish church of St Mary de Stalls, at the corner of Cheap Street and Stall Street. This was the official church of the Chamber, and contained an aisle for the accommodation of the Mayor and Aldermen, termed the Mayor's Aisle. The other parish churches were St. Mary intra muros, St. Michael intra muros, St. Michael extra muros, and St. James. The Chapelry of Widcombe was appendant to the Vicarage of St Mary de Stalles. The Commissioners for inquiring into the revenues of Monasteries offered to sell the The fabric of the Abbey Church to the city for 500 marks, which offer was declined. Abbey. Although the citizens would not buy the Abbey Church, they felt no hesitation in plundering it They stripped away the glass, iron and lead (the latter amounting to 480 tons), and shipped these, and the bells, to Spain. The evilly acquired stores were lost in transit The position of affairs in the year 1577 may be thus summarized. The Abbey Church, a despoiled ruin, had passed to Humphrey Colles uiider the grant of Henry VIII. Colles had sold it to Mathew Colthurst, and that gentleman had been succeeded in the ownership by Edmund Colthurst." As the advowsons of all the city churches had >.A few illustrations may be given : 1573-. For the kepinge of amadde woman, paied byMr. Cavell xs. 1594. paide vnto Nicholas Smithe for the kepinge of a childe iiijj. 1597. Paid to Gillian Forrest to releeve her whiles she lay in Childe bedd xj. viiji/. Paid for a shrowde for her Childe viij(/. 1598. Paid to Six poore people wch weare wonte to haue the Queene's Almes xxiiijj-. Some old benefactions to the poor, in the shape of loaves in Lent, were continued. These were originally annexed to the parish churches. ^ Colles had apparently bought the Priory property as a speculation, for Iwo days after the date of the grant he obtained a license from the Crown to sell to Colthurst. An official copy of the license made in 1777, from the original record then in the Rolls Chapel, is in the Muniment-room. 7—2 been vested in the Priory, these were claimed by the Crown under Holwaye's surrender. Before this surrender, however, Holwaye had conveyed the next presentation of St. Mary de Stalles to Sir Walter Denys, who had presented in 157 1 Henry Adams. This ecclesiastic was until his death in 1577 virtually the Rector of Bath. The death of Adams presented the opportunity of an arrangement under which the Abbey Church should be made the town church in place of St Mary de Stalles. The first step was the acquisition of the fabric, and this was eifected by a grant from Edmund Colthurst. As Colthurst held as tenant in capite he had to get a license from the Crown to aUen, and the statutes of mortmain made a similar license necessary for the citizens taking the grant. These licenses were given by letters-patent of 21st November,^ 15 Eliz. (1572). In these letters the Abbey Church is described as " totam illam ecdesiam ruinosam sive templum ruinosum." Grant of The same document grants to the citizens the advowson of the churches of St. advowsons Mary intra muros, St. James, St Michael extra tnuros, the hospital of St. John the to chamber. Baptist and the church of St Michael intra muros, thereto annexed, and the church of St Mary de Stalles with the appendant Chapelry of Widcombe. To consolidate the livings, required the consent of the ordinary. At the date of the grant, Gilbert Berkeley was Bishop of Bath and Wells, but between his death in November, 1581, and the consecration of Thomas Godwyn in September, 1584, the See was vacant The vicar capitular and administrator during this interval (Dr. Aubrey) was an ecclesiastic intimately connected with Bath. The following references are to be found in the accounts of the City Chamber- lain : — » " 1581. Payed unto Mr. Ayshe for money layed forthe att London to Mr. "Awbery for his fee and other charges concnyng Wathells matt* " xs. for sentence xxxiiijj. mid. " 1583. Delyued to Mr. George Perman Mayor to get Mr. Doctor Aubery to " pcure the vnytynge of o' churches xli. " 1584. [Stipends] to Doctor Aubery for his fee xl^. whose yere begynnethe all- " wayes at the feast of St Michaell ; for half a Skyn of Parchm' for " Mr. Doctor Auberye his patent iij(/. for waxe ij^. To Wackley for " bearinge a letter to London to Mr. Doctor Auberye x^. " 1593' P^-id fo'^ ifOQ dozen of pigeons three dozen of larckes and three live " partridges given to Mr. Doctor Aberie. '' 1594. Paid for a sugar loafe wch was given unto Mr. Doctor Aberie xij^ iij//. " and for a gallon of wyne wch was given him iijV." Consolida- In each of the years from 1584 to 1594, Dr. Aubrey seems to have received tion of the ^^^^ which is sometimes termed an "annuity " and sometimes a " fee." livings. rpj^jg divine was not unnaturally willing to oblige the MunicipaUty, and on the 12th April, 1583, he signed an important order of consolidation. The document recites that all the churches were vacant, and that the " ruinated church " belonging to the Priory had been re-edified except the south aisle, and then orders that the churches of St. Mary de Stalles and the chapel of Widcombe should be annexed " for the increase of divine worship and the preaching of the Word of God to the said great ruinated church." The Abbey Church is then erected into a parish 1 In the Muniment-room is an official copy of this document, made in 1777 from the original record then in the Rolls Chapel. * This is the will, No. 70 in Appendix A. ^ftajttfatrl^ anir @rtclB»ia»ifeaI ^fatit«. 53 church, " to which as to their parish church all and singular the inhabitants of the said late parishes should be obliged always to come and to no other place to hear Divine service and to receive the Sacraments." The order then goes on to permit the use of the other churches until the repair of the south aisle of the Abbey Church.^ The conduct of the citizens in plundering the church evidently excited some pardonfor attention, for in 1596 we find the City Chamberlain paying jT^xo "to Mr. YLtrait seizing the Osborne for pcuring a pdon under the greate seale of the seasure of the greate ^bbey. church," a sum of £,\ 6s. 8d. having been paid the previous year on the same account. The result of the arrangement was that the parish of St. Mary de Stalks be- came the parish of SS. Peter and Paul. The order of consolidation was never fully acted upon j probably the parishioners refused to allow it. The churches of St. Michael extra muros and St. James were not interfered with, except that the house property of the former was appropriated by the Chamber. Another church was that of St. Mary intra muros or St. Mary's by the Northgate. St. Mary This church was in use until 1588, for in that year appears an entry of "procurations" intra paid to the Bishop.^ muros. Soon after this date the church was desecrated, the tower being used as a prison, the nave as the free grammar school. Previously to this the free school seems to have been held in the room above the Westgate. The annexation of the church of St. Michael intra muros, termed sometimes St. Michael " little St Michael's," sometimes " St. Michael's by the Bath," to St. John's Hospital i"'^" was effected about 2 Edward VL^ '"'"'<"• A "ruinous chapel" was included in the grant of 27 Elizabeth, already mentioned. We can trace this chapel down to 1699, when it is described as "3, little shop situate near the Cross Bath, containing five feet and a half in length and about five feet in breadth." Tliis small building was not improbably the private chapel of the Master of St. John's Hospital. On the annexation of St. Michael's Church to the hospital it was used as the chapel, and gradually lost entirely its parochial character. Besides these public churches there were the votive Chapel of St. Laurence ^^' on the Bridge, the Oratory of St. Werburgh on the site of Fountain Buildings (which, '>^<^tories. in Elizabeth's reign, was used as an ale-house), and the Chapel of St. Winifred below Cavendish Crescent. All these chapels fell almost at once into ruins or were withdrawn from religious purposes. Even from the death of Adams in 1577 and without any formal authority, all "^^ the churches were kept in hand and administered by the Chamber, for the City '^^^ofthe Chamberlain paid the "procurations." The fees for burial seem also to have been paid churches to that officer. by the No great expense was incurred on the " cure of souls." A Mr. Long was the nominal Chamber. incumbent ; but we find that he was so, only from his subsequent resignation. During his incumbency he was paid by the Chamber, as such entries as the following will show : 1576. Geven to Mr. Longe the preacher... ... xxj. 1579. To Mr. Longe to make vp his money vj//. xiijj. \\\]d. that was given vnto him by ' An ofEckt copy of this order, made in 1777 from the original then in Lambeth Palace, is in the Muniment-room. The church of St. Mary de Stalles stood at the comer of Stall Street and Cheap Street. It was soon after tlie date we are now considering removed, and the site appropriated by the Chamber. ^ These were dues payable from parish churches to the ordinary. 3 The annexation is mentioned in a certificate in the Augmentation Office (No. 42), dated 13th February, 2 Edward VI. soundrie men as it appereth by a bill of their names...- xxiijV. iij^. Sequestra- People were very complaisant in those days as to church services, but the inhabi- *"'j^?t' tants of Widcombe evidently protested against the farce of one man ministering to the pud for. spiritual needs of the congregations in five churches, and in 1583 they applied for a sequestration of the living. The minds of the Chamber were much disturbed. The sum of;^39 14s. 4d. was at once spent on such matters as : Delyued to John Chapman to be delyued to Mr. Longe at London to avoyde the seques- tracon pcured forthe by the Inhitantes of Wytcombe xlf. Payed Mr. Lloyd for rydynge to Welles to avoyd the lycence graunted to Mr. Gaye for the servynge of Wytcombe iij^. iiijV. The attempt was successful, for there is a subsequent entry : Payed to John Perman for bringynge downe of a Revocacon... ... ... ... ... xiij.f. vi\]d. Mr. Long was still employed, for in 1584 the Chamberlain paid £,\ 6s. 6d. to make up a payment to him of ;^ 10, the rest being "gathered." But in the same year he resigned the living, there being indications of disturbance " touching the plurality." The next presentation made by the Chamber was of Richard Meredith. This was in 1584. Three years afterwards the Chamberlain pays " Mr. Meredith, o"" Parson, more then is receaued for his wages this ij yeres as appeareth bie the pticulars xij/. vj^. \d. " In the same year ;^i8 9s. sd. is spent on "makinge of the gallerie" of Stalles Church. Zease of The Chamber found the " cure of souls " an agreeable and perhaps not altogether churches an unprofitable recreation, and in 1590 a bargain was made with Meredith. By lease tochamber. dated the loth December in that year, that complaisant rector demised to the mayor, aldermen, and citizens the rectory of SS. Peter and Paul, with all tithes, payments, and appurtenances thereto belonging, reserving to himself the parsonage house, and a rent There are some curious entries in the accounts of the church of St. Michael extra muros as to the parson's living. In 1551, the churchwardens presented him with twenty pence "towards hys lyvynge," and another account contains an entry of sixpence paid to the wardens " sekynge y° goodwylle and gentilnes towards the parson's levynge." We need not here stay to deal with the manner in which the Chamber discharged the ecclesiastical duties so rashly sought and obtained. Before the gift of the church by Mathew Colthurst, material had been carted from it in vast quantities to mend the roads. '^ Before the order of consolidation, and therefore before there was any pretence for the contention that the other churches were to be desecrated, the lead was stripped from the roofs to make pipes for the waterworks, and the rood-lofts and other materials in the churches were sold. The We have already seen that the property forming the endowment of the free school charities, and Black Alms Charity were vested in the Chamber. Ichoir" '^^t^ intermixed this wuh the ordinary City land, and kept no separate account. The free school was after a fashion maintained. * No. 71 in Appendix A. ° Tlie accounts of St. Michael's contain entries of money paid for hauling stone and tiles from the Abbey, as do those of the City Chamberlain. i^iiatifniitu anltr Oftcl^siaaiical ^fattt«. 55 There is annually an. entry of ^£12 or thereabouts as paid to the schoolmaster; and in 1586 there is another entry, "given to Mr. Jonnes for the free schole to make vpp xxs. which was gathered iiijj." The only other items we find relating to the school are : 1594. Paid vnto the Joyner for a writinge board for the schole iiijy. vji/. „ Paid for a dictionarie to remaine in the free schole ... ... ... ... ... xixs. „ Paid for a dictionarie for the Schole xxiijj. iiij^. Another charity of which we must speak is the Hospital of St. John the Baptist. Hospital This was a charity for the relief of old men and women who resided in the almshouse. "J^'-J'"''^- It was founded by John de Villula about 1174, and its administration had for many years rested with the monks of the priory. We have seen that after the dissolution the hospital became annexed to the Vicarage of St. Michael intra muros, and the patronage and management vested in the Chamber. The Chamberlain kept distinct accounts of the charity property, but as these were not audited on behalf of the hospital, this was of no advantage to the institution. ^ The first account we have is in 1577. In that year the Chamberlain charges himself with an income oij£^2 12s., but of this ^6 goes to the " poor of the hospital." Of the balance a considerable sum was expended on the repair of the Abbey church, which had been allowed to fall into ruin by a course of brutal neglect ; but there was still enough left of the patrimony of the poor to be frittered away in payments to players, for bear-baiting, and in presents to magnate visitors. Of the Hospital of St. Mary Magdalen at Holloway we have already spoken.^ Hospital of Henry VIII. had by letters-patent appointed Simon Sheppard to be master. In 1561 ^j/^^/^ the citizens moved to have this appointment set aside and the funds devoted to charit- able purposes, but the letters-patent of Henry VIII. were held to bar the claim. It is curious that, having regard to this, Thomas Wathell, a priest, who died in 1569, should, by his will,^ have given an annual donation to this Hospital. We cannot tell with certainty when the entire withdrawal from the poor of the funds of this charity commenced, but in 1815 it was shown that the revenues had for very many years been misappropriated for private purposes, " This record of plunder and mismanagement is a dreary one, but anyone who reads the report of the Charitable Trust Commissioners (18 15 to 1839) will see that the remarks here made with respect to Bath might be repeated in reference to almost every town in the kingdom possessed of charitable endowments. ^ Mr. Beaushin (or Bewshin) was apparently the first Master of the Hospital on the nomination of the Chamber. He died in 1587. ^ ^Ante, page 34. Jll^^ ' No. 70 in Appendix A. Mr. Wathell was buried in St, James's Viliurch. The entry in the register is as follows : " December, an° 1569. " Sir Thomas Whathell, parson, was buried the Six* day, 1569.'' 56 iP^lfte ^unfcijraJ ;^itJ^wlr» ijf ;]©af%. CHAPTER XIII. OF THE DRAMA IN BATH. Thedrama ESS^JWOETRY seemed to be born again in England during the reign of Elizabeth. tn Bath, Rl fiSfiiltyl Between Chaucer and Spenser we have no English poet, but scarcely had the nation learned from the " Faerie Queene " that the English language was fitted for the expression of the noblest thoughts in the noblest verse, than the poetic fire seemed to be enkindled throughout the country. The drama principally attracted the aspirants to fame. Kyd, Green, and Marlowe wrote plays which have only ceased to live inasmuch as they have been overwhelmed and outshone by the majesty and surpassing light of Shakespeare. The whole country was overrun by bands of strolling players; the leaders of fashion kept their companies of actors as did the Roman patricians their schools of gladiators. Inn-yards, barns and cart-sheds were turned into extempore theatres, and a public nuisance was occasioned by the travelling about of so many idle persons. The Act 39 Eliz., c. 4, forbids " all fencers berewards common players of interludes and minstrells wandering abroad (other than players of interludes belonging to anie Baron of this realme, or anie other honourable person of greater degree to bee authorized to play under the hand and seal of armes of such baron or personage.)" The punishment is, " to be stripped naked from the middle upwards, and be openly whipped till his or her bodie be bloudie."^ A city situated as was Bath, was a natural resort for players, and it is not astonish- ing to find noblemen glad to display the powers of their companies of actors before such discriminating audiences as would be afforded by the visitors to the baths. Sometimes an absolute fee was paid, leaving the players to "gather at the bench" what more they could ; at others a total sum was guaranteed, and the Chamberlain made up out of the public funds the deficiency of the sum collected. The payments varied in amount. We find Lord Worcester's players satisfied in 1577 with 2s. 6d., whilst the next year " my lorde of Lesyters^ players " received 14s. Occasionally more serious plays were relieved by the less montonous diversion afforded by tumblers, the Queen's and Lord Warwick's. There is some evidence that Shakespeare not only visited Bath, but that he was much impressed with the natural curiosity of the hot springs. Amongst the various companies of actors the place of honour and of merit was conceded to the " Lord Chamberlain's servants " or players. These were only nominally in employment as servants ; they really formed a little joint-stock company of their own.^ In 1586 Shakespeare came to London, and only three years later he is one of the sixteen "poore players," being all of them " sharers in the Black Fryers playhouse," who petitioned against an ordinance against plays made because certain actors had " brought into theire playes maters of state and religion, 'The same statute (which is directed against vagrants generally) goes on to provide " that no diseased or impotent poor person shall at any time resort or repaire from their dweUing-places to the City of Bathe or town of Buxton for the ease of their griefs," unless authorized by two justices, and that the inhabitants of the same city of Bath and town of Buxton shall not be liable for their relief. '^ The Earl of Leicester opened the first theatre in London, in Blackfriars. Some of the other players were the servants of the Lord Chamberlain (the Master of the Revels), the Lord Admiral, Lords Mountjoy, Sussex, Essex, Stafford, Fitzjames, Montague, Berkeley, Harbord, Hayward, Derby, Strange, Sheffield, Hunsdon, Bartlett, Chandos, Oxford, Warwick, Darcie, Hertford, Monteagle, Pembroke, Sir Richard Rogers and Sir Harry Rackliffe. a Dyce's " Life of Shakespeare." Payments to players and tumblers. ®f i^^ ^xiamti in ';M(ii^> 57 unfit to bee handled by them or to bee presented before lewde spectators." These sharers of Black Friars theatre were known as the Lord Chamberlain's players, and afterwards as the Queen's players. In I James I that King conferred the title of " King's servants " upon the company of which Shakespeare was a member, and he is expressly named in the patent. The title of Queen's players or servants had, however, been used for several years previously. This company visited Bath no less than fourteen times between 1587 and 1601. The license to act was in those days a personal one, and the companies were small, s/iaie- We have seen that Shakespeare is mentioned as a member of the royal troupe in 1589, sjieam in and again in 1604 ; and there is a petition extant in 1596 in which Shakespeare joins in ^"■'^'• a petition to the " Privie Counsell " for leave to rep^iir and enlarge the Black Friars theatre, against which the inhabitants of the district had protested. As he was a member of the company during this period of thirteen years, and as the company visited Bath so often, the inference is strong that he was frequently in the city. The inference is confirmed by the poet's writings. In Sonnet 153 the healing fountains of the cityare thus beautifully mentioned : " Cupid laid by his brand, and fell asleep : A maid of Dian's this advantage found. And his love-kindling fire did quickly steep In a cold valley-fountain of that ground ; Which borrowed from this holy fire of love A dateless lively heat, still to endure, And grew a seething bath, which yet men prove Against strange maladies a sovereign cure. But at my mistress' eye love's brand new fired, The boy for trial needs would touch my breast, I sick withal, the help of Bath desired, And thither hied, a sad disteinpered guest, But found no cure : the bath for my help lies ■ Where Cupid got new fire — my mistress' eyes." In the next Sonnet we have the picture of a nymph seizing the " heart-inflaming brand " of the sleeping Cupid : " This brand she quenched in a cool well by, Which from love's fire took heat perpetual. Growing a bath and healthful remedy For men diseased : but I, my mistress' thrall. Came there for cure, and this by that I prove Love's fire heats water, water cools not love." The Chamber patronized also local talent. Mr. Long,^ the preacher, wrote some plays. In 1583 he received from the Chamber 6s. for one, and 3s. 4d. for another. Of local actors we have these indications, namely, a payment in 1661 " to the younge men of our men that plaid at Cristmas," and in 1602 to " the younge men of our Cyttie that played att Christmas," and to " the Children that played at Candellmas," no doubt on the occasion of the annual fair. There were some less refined recreations provided. The amusement ol \i2\'C\ng Bear-bait- bears with dogs was much prized, and a royal bearwarden was appointed to manage ing. the sport for the Court. Mr. Chapman seems to have kept a bear for baiting in the city, and in 1577 a small payment of twelve pence was made him towards the ex- penses. We find also payments made to the bearwardens of the Queen (in 1593 and 1602), Lord Warwick (in 1576), and of Lord Dudley (in 1594). ' See some notes as to Mr. Long, ante, pp. 51, 54. 58 ipHire ^^nmtipAl '^^ttxtvih^ mf ^JSaifi. CHAPTER XIV. Right of common over Barton estate. OF THE CORPORATE PROPERTY. iHE Guildhall, which was removed to make way for the present structure, was built in 1569, at an expense of ;^i94 17s. 3d. There was no con- tract, and apparently no paid architect, but the Chamberlain paid every trifling expense down to " pack-thread, twopence j and meat and drink for the carrier, sixpence." Much stone was hauled from the " Pallis " (the abbey buildings), and some from the quarry on the Common farm.^ We have already seen that from time immemorial the free citizens of Bath exercised rights of common over the Barton estate. Th6 right was curious in its terms, which had evidently been made the subject of minute negotiation at some very early period in the history of the city. Every freeman might put his cattle into Kingsmead upon Lammas day (2nd February), there to feed until the farmer put his cattle into the arable field of Barton ; and when the farmer of Barton put his cattle into the field, the freemen could do the same, and leave them until the field was sown again. The freemen might also put their cattle in the enclosed grounds of the Barton estate three weeks after the farmer had put in his cattle, and might again put their cattle into Kingsmead upon St. Crispin's day (25th October), there to remain until St. Andrew's day (30th November). This is very different from an ordinary right of common, and represents an evident attempt to reconcile an ancient custom with more recently acquired pro- prietary rights. But there was another and still more unusual feature : tlie freemen using the rights of common had to pay for every beast going in Kingsmead at Lammas, having a tooth, a penny ; and not having a tooth, a halfpenny ; and for the cattle going in the arable fields, having a tooth, three halfpence ; and not having a tooth, a halfpenny ; and for every beast going on the enclosed ground, having a tooth, a penny ; and having no tooth, a halfpenny. The Barton farm extended not only over the now existing " Common farm " and Victoria Park, but also the site of Queen Square, Gay Street, Barton Street, Brock Street, the Circus, the Crescent fields, etc. The right of common over Kingsmead was specifically enjoyed, but that over the Barton appears from a very early date to have been commuted into an annual money payment, leases being granted or verbal agreements made with the successive tenants. In the year 1570, a lease was granted of the common rights to the farmer of the Barton, Peter Beaushin, at 40s. per annum. This annual rent was, until 16 19, treated as part of the city revenue ; but afterwards, and down to our own time, the estate conveyed as a consideration for the release of common was dealt with as belonging to the individual freemen for the time being. In the next reign, the incorporeal right of common was surrendered, in considera- tion of the absolute conveyance of a part of the estate. Besides this interest in the Barton estate, the Chamber possessed, from a very early date, considerable property, both within and without the city walls. How this was acquired is a very interesting question, but it is unfortunately one to which the answer is only conjectural. ' The rates of wages were : freemasons, is, a day ; carpenters, 9d. a day ; labourers, 6d. to 7^. a day. Lime was Jd. per sack. Some of the standing timber was apparently given, as the charges extend only to felling, carrying, and sawing timber. Axes are charged at is., shovels at ijd. The Corporate property, exclusive of some lands in country parishes, consists of the streets now known as Oxford Row, part of Bennett Street, Saville Row, the North side of Alfred Street, Edgar Buildings, nearly all Milsom Street and Broad Street, the Paragon, nearly all Walcot Street and Northgate Street, New Bond Street, Upper Borough Walls, High Street, Cheap Street, the Orange Grove, Westgate Street, Stall Street, Bath Street, Hot Bath Street, part of Westgate Buildings, and the whole of Southgate Street. The origin of title to Sotithgate Street appears tolerably clear. It is the street Corfomte leading from the Southgate (hard by St. James's Church) to the Old or Bath Bridge. It property in would obviously have been the right and interest of the city to maintain a free right of Southgate access to the gate from the passage over the river,i and having regard to the foundrous ^*''"^\ state of all roads, there would have been an evident advantage in having a very wide free passage. The- Corporation property in Southgate Street extends over a width, including the street, of 86 yards ; and it is probable that this was the original roadway, and that the Chamber, when so wide a road was not required, appropriated the surplus land. The Corporate property in Milsom Street and Broad Street forms a fairly compact block, and represents roughly the site of one of the Butts where the trained bands of the City used to exercise. This was built upon when the necessity for such an open space was deemed to have ceased. The pieces of freehold intermixed with this property may arise either from encroachments or exchanges. Concerning the rest of the Corporate property, it is only possible to speak in general terms. There was, as we have seen,^ some city property in 13 Edward H., and one of the houses is mentioned to have been given to the town. It is probable that, notwithstand- ing the statutes of mortmain, many houses were similarly acquired. Another class of houses which devolved on the Municipality consisted, no doubt, of property which had originally belonged to the Crown, and which, by the gradual relinquishment of the royal rights, was taken possession of by the citizens. A very large accretion to the city property was one of the results of the Reforma- tion. Edward VI., by his general-grant, conveyed to the citizens, as trustees of the Free Appro- Grammar School and Black Alms Charity, a great number of houses never fully identified, pHation of but mentioned to have been nearly 100. Only a very small proportion was recovered Charity by the Charity Trustees. The Commissioners of 27 Elizabeth reported 56 houses to ^^'^ ... belong to the Crown in Bath in right of the dissolved Priory. It would be very unlikely property. that such a cluster of houses should in any ordinary sense have been concealed, and. there is another explanation of their not being previously seized. The accounts of the parish of St. Michael extra muros show that the churchwardens had a considerable number of houses under their management as far back as the year 1349, and in 18 Henry VIII. the houses were certified by the churchwardens as 36 in number in Walcot Street, Broad Street, and Frog Lane (now New Bond Street), the rental amounting to ;^ii i8s. 8d. These houses belonged technically, perhaps, to the Priory, as owners of the Rectory, but the parish enjoyed the rents, and the churchwardens would be so far the reputed owners as to prevent the property being returned as part of the possessions of the Priory. The houses remained unclaimed, therefore, until 1585, when, with others, they were returned as lapsed to the Crown, and were granted, as we have said, to the citizens. The Crown grant is endorsed, although in a writing of later date, as "Church land ;" and in 1586 and some subsequent years, the rent reserved to the Queen is said to be in respect of Church land. Practically speaking, there is no doubt that 36 of the 1 The foundations of the bridge are Roman, but there seems to have been no bridge, but only a ford in English times until the reign of Edward III. ^ Ante, p. 25. 8—2 6o l^llt ^uttictpal ^ccuitir« ttf ;:i®afl|. Water- tvorks on Beecheii Cliff, Ana Beacon Hill. 56 houses comprised in the grant belonged to the parish of St. Michael extra muros} and that of the remaining 20, many formed part of the endowments of the parishes of St. Mary de Stalles and possibly St. Michael intra muros. A considerable portion, therefore, of the Corporate property at the present day consists of Church and charity land appropriated by the Chamber.^ As the gross income at present derived from the Corporation water-works exceeds ;£'i 0,000 per annum, it seems necessary to say a few words as to their origin during the period we have been considering. The original supply of the city was from Beechen Cliff. The springs arose on land belonging to the Priory, but afterwards acquired by Hugh Sexey and given as part of the endowment of Bruton Hospital. The rent paid was a large one — £io i os. per annum. We have not any record of the terms of the lease or agreement, but they may be gathered from the provisions of a statute (6 George III.) passed to enable the Corporation to improve their works. The rights of Earl Manvers, the owner of the Priory estates in Bath, were defined to be : " Two several feather streams or pipes ot water of the bigness or diameter " of a swan's quill of the largest size and one goose quill continually to run for " the use and supply of the Abbey House and other buildings on the said Duke's " Estate there." And in lieu thereof it was provided that the Corporation should deliver a stream ot water of the diameter of an inch and a quarter to run for the space of four successive hours in every day. At an early date a further supply was obtained from Beacon Hill by agreement with the Prior and monks, as grantees of the hundred of the forittsecum. The rent paid appears in a record of the Augmentation Office in 31 Henry VIH. as "Et de xvjd. de redd de j aque voc Walcotts Water p ann." The rent payable to the Priory, had been extinguished before the date of our first Chamberlain's account. It passed to the Crown on the dissolution, and was included in the grant from Edward VI. Down to the year 1873, when the whole spring was acquired by the Corporation, a quaint device existed for its equal division. The bed of the culvert was made to bifurcate, the two branches so uniting as to allow an equal part of the stream to flow down each, whilst a pair of locks prevented either party from tampering with the fairness of the arrangement. From these sources water was conveyed in pipes to public conduits, situate in Walcot Street, Broad Street, High Street, and Southgate Street. These seem to have been at one time, highly architectural little buildings, but afterwards degenerated into mere " stand-pipes." The records of the period we are considering only serve to show on how small a scale the work then was. There were, down to the reign of Elizabeth, no private supplies taken from the public pipes, but these commenced during this and the next reign. The following entries may be taken as samples of the repairs recorded to have been' executed : " 1569. To Willm Colyns for keping the watre, iijs. iiij(/. " For mendinge saint Jeames pype, xvji/. " For mendinge the pypes in Waulkotts lane in the twelfe dayes for " clothe corde pyche tallowe and rosson, xvj^. " For mendinge the pypes in Waulkott lane ij ells canvas, xx(/. ; in "lyme, xij^. ; iiij/«. pyche and rosson, viii^. ; \]li. of tallowe, iiiji/." 1 The houses were claimed by the parish, and on the 23rd May, 1735, the Charity Commissioners held that the claim was just, but the later history of the Municipality will show that the Chamber suc- cessfully refused to make over the property which now forms part of the city estates. " The gross income of the Corporate property in the year ended 25th March, 1884, was ^7,933 los. 2d. In 1576, one of the headings of the account is, "Chardges bestowed vppon the Repairs to conduytes," which amounted together to £,x 13s. id. The following are some of the Waier- details : ^'"'*•'■ " Paied to a Laborer for niendinge of Staules pipe, vj^. ; p* to the belmans " Sonne for twoo dales labor about St. James pipe, yi\)d. ; paied to a laborer for " mendynge the Conduyte above Walcott, viij^. ; . . . p* to ij woorkemen " woorkinge on the Conduyte w'out the gate, xiiij(/. ; ... To Forte for mendynge " the Conduite in the Highestreate and for two powndes of Soder, ijj." In 1581 also, one of the headings of the account is: "Repacons bestowed about the Pypes and Conditts," the total being ;^29 iis. S^d. Some of the details are as follows : " Payed unto Percyvall the vi"" of June for fetchinge home of the Water, "xiji/. ; . . . payed more the xviij'"" of June for fetching the water from Becknold " and Bechinge Cliffe, ijj. v]d. ; . . . payed for mendynge the pype att the blynd " lane, -xd.; . . . more receyved in ledd from w"'out gates Churche in ledd, " vijf. Yviixx. poundes for the whiche payed for tylynge the porche as followeth " payed for lathes, iiijrf. ; payed for lath nayles, \\\)d. ; payed for takynge downe " the ledd, viiji^. ; for tyle, vijj'. ; for the tylynge, \\)s. ; payed for Crestes, xv^. ; "for a Refter and a waleplate, \]d. ; for lyrae, x^. ; payed for woodd to moult " the ledd, iijj. iiiji/. ; . . . payed for cuttynge the stone pypes, iiijj. ; . . . payed " to Richard Erode for iij lodes of over Tyle for the Hospitall for that the ledd " thereof was hadd to make pypes, lijj. ; . . . paied more for ij bushelles of whytt " salt, iiijj. viiji/. ; . . . payed for a Styllytorye, ijx. ; . . . paied for helpynge " home the water, vj(/. j- . . . payed for the carriadge of a lode of stone from the " Abbye to the pype in Brodstrete, viij^. Here are some items in following years, thus : " 1586. Mending a pipe in Bychencliff, iijj. iiijV. ; for setting of a pipe in Saint "James sestron, xviij^. ; paid John Gill for vncoueringe of all the "stone pipes from the trowe in John Saunders close to the field, " ixj. \]d. " 1587. Paid Hugh Hill for j dales worke for doinge in ditchinge a place for the " waste water at Bitchingcliffe, iiiJ5. ; paid Hugh Hill for ij daies riddinge " of the stone pipes in August, xvj^. ; paid Bekar and John Thomas for " carienge of pavygrs from the Hall to becknowell to cover the pipes, " xni]d. "1589. To William, Forte for keeping the water, xiijj. iiij^. ; to Hugh Hill for " keeping the water coming from Walcott, xiijj. iiijd. "1595. Paid to Moreley for three pound and a half of sodder to mend the " leades in BechinclifF, ijs. iiij^. ; paid him for his paines to mend the " same, v]d. ; paid for a Facket of wood to the same worke, n]d. ; paid " vnto Mooreley for twoo pound of sodder to mende the leades in " Marchants orchard, xvjd. ; paid for fyer to the same ]d. ; paid to " Mooreley for his laboure, iu]d.; paid to Baker for digginge about the " same, iiij^. ; paid to Moorley for mendinge of the pipes in Crosses " hopyard, vjd. ; paid for sodder to the same, xij^. ; paidfor a Faggett " of wood, iij^. ; paid to Mooreley for mendinge of the pipes in Bigges "close, \ii]d. ; paid for sodder to mend the same, iijj-. mid. ; paid to " Baker for laboringe and digginge about the pipes, viij^. ; paid vnto " John Dallamye for makinge of a pipe of woode for the cocke at the " market house, vjd.'' 62 J^JjE ^i]©[unmjEraI '^titttvtf& of [[JSatlj. CHAPTER XV. CONCLUSION. IE have seen that there existed in Bath a complete system of Municipal Government J that this system was merely codified by the charter of Elizabeth, and that it was, in essential points, untouched by the charters of preceding sovereigns. Bath, however, is in no exceptional position : a system of govern- ment similar in substance, and with only slight divergencies of detail, existed in all other ancient towns of considerable magnitude. How, then, did this almost uniform and pervading system come into being ? The question is a most interesting one, and as by degrees the jrotting and vermin-gnawed records of our municipal boroughs are rescued from their undeserved oblivion, and the scattered facts are pieced together, we shall approach to its solution. We shall find our municipal government carried backward, and yet further back, and shall probably discover all its essential elements existing before the Conquest, and left to us now as a survival of that old free state of merry England, to which we are in so many ways returning. There is, indeed, a sad blot on these pages of our history. For five hundred years the municipal towns warred and struggled with the Crown. One by one the fetters, imposed on local freedom by tyrant kings and crafty ministers, were burst asunder, but the clatter of the last falling shackle seemed but the key-note for the commencement of another struggle for freedom. This time the com- munity sought the aid of the central authority to unrivet the chains industriously fastened by the close oligarchy which usurped the government The course is not difficult to trace. The Saxon iun moot was an assembly of the free- men — that is, of the landowners of the town. It was not, nor was any assembly of the Saxons, representative in its nature. Now, in all deliberative assemblies of any size, the practical discussion is relegated to a few, and the more popular the assembly the more com- pletely is this tendency developed. In the tun moot there would have been an inner circle sitting round the tree, whilst the humbler freemen, forming a standing cluster beyond, par- ticipated in the discussion by occasional interjections of dissent or approval. Death would occasionally make a vacancy in one of the seats around the tree, and, at first informally, afterwards by some sort of election, one would be called from the outer circle to supply it. How this rude system would have adapted itself to a more complex state of society we can only conjecture, but the existence of a strong common enemy would naturally stifle all internal attempts at legislation. In those early days, when England was winning back her liberties one by one from the Norman masters, when burghers fought the good fight shoulder to shoulder, true of heart, and with single purpose, the shrewdest and boldest men would naturally come to the front, and the citizens would not care to §can the process of their elevation. Unfortunately, there was in most towns a pecuniary interest in citizenship, the benefits of a common, exclusive right of trading, and so forth. The small consideration that these benefits were diminished by being shared, blinded the citizens to the great advantage of assimilating new blood and new ideas, and of continually aggregating new citizens, each one working with hand and brain primarily for his own emolument, but as certainly, although less directly, for the common weal. Instead of this, the effort was to restrict the number of citizens, and the result to <^0nclusum. (>t, prevent the formation of a healthy public opinion, and that broadening of the base of municipal freedom which is necessary to keep the structure upright. The existence of Corporate property had another evil result. Even a small self- elected and self-elective body must, in its own despite, be influenced by the angry voices of citizens whose pockets are invaded. This valuable counterpoise and corrective did not exist. The Chamber could govern without taxation : it was like a king able to dispense with a parliament. When the much-belauded charter of Elizabeth was obtained, there was an admir- able opportunity of making the council a representative body. The opportunity was not taken, and, if we regard the nature of the times, it is, perhaps, not to be wondered at ; but the fact remains, and the misfortune. We were once free with our natural heritage ; our freedom was torn from us, and we recovered it, but only to lose it again by apathy and corruption ; and though we are once more restored to freedom, our joy in the possession is embittered, our glory tinged with shame, because we hold it as the gift of the central authority, which it ought to have been our boast to exclude. APPENDIX A. PART I. CHRONOLOGICAL LIST OF CHARTERS, CROWN GRANTS, WRITS, AND COMMISSIONS. No. Page where referred to. Date and Place. 7 Dec, I Rich. I. ("89): Dover. 23 Dec, 31 Hen. III. (1246); Winchester. Witnesses, Particulars. See full text in Appendix B. Confirmation of i Rich. I. new privileges added. No Hugh, Bishop of Durham.' Hugh, Bishop of Chester. ^ Hubert, Bishop of Salisbury. William Marshal.^ John, his brother. Geoffry Fitz Peter. W(illiam), Bishop of Winches- ter. F(ulk), Bishop of London. R(ichard), Bishop of Exeter. Richard de Clare, Earl of Gloucester and Hereford,* R. le Bygod, Earl of Norfolk.^ William de Cantilupe.^ Hu- bert de Vinon, Ralph, the son of Nicholas. Bercinus de Criorl. Paulinus Perure. John 1 Hugh, Bishop of Durham in 34 Henry II., was sent into Scotland to collect the disme for the Crusade. He met - there with a somewhat rough reception. Appointed one of the Justiciaries in I Richard I. - Hugh de Nonant, Bishop of Coventry and Lichfield. The diocese of CJiester was created in 1 541, but the Bishops of Coventry and Lich6eld, before that date, often styled themselves Bishops of Chester (" Le Neve, Fasti Ecclesiae Anglicanse," by Duffus Hardy, Oxford, 1854, vol. i,, p. 546), ' William Marshal was, in 8 Richard I., Earl of Estrigol. The two Marshals were witnesses to the Winchester charter. The of5ce of Marshal was hereditary in the family. William Marshal was, wifh Geoffry Fitz Peter, associated with the Bishop of Durham in managing the kingdom in the King's * The Gloucester of the "Mad Parliament." He was the son of Gilbert de Clare, who became entitled to the Earldom of Gloucester through his mother, Amicia, and to that of Hereford from his father. In 51 Hen. HI. there was a celebrated lawsuit between Gilbert, son of Rich"ard (mentioned in the text), and the widow, as to dower. The extent of the estates may be estimated by the circumstance of ^20,000 damages being claimed by the young Earl for excess of dower taken by his mother. ^ Matthew Paris tells us "Multiplicatis intercessionibus concessa est marescalcia cum officio et honore Comiti Rogero Bigod, ratione Comitessae filitc Comitis magni Wilhelmi marescalli primogenitie matris su£B." (P. 1246.) 8 Cantilupe, or Cantlow, illustrates a peculiar rule strictly enforced by our early Kmgs— thata Crown debtor could not make a' will without leave. Henry HI. gave his permission to m?ike a will "Quia Rex vult quod heredes ejusdera Wilhelmi solveant ei debita in quibus ipse Wilhelmus regi tenetur ad eosdem terminos ad quos idem Wilhelmus eadera debita regi reddere solebat." 9 11 l^fivi ^©[untripal ^^tttrir0 wf ]]©affe. No. where referred to. {conti Date and Place. itued) 26 July, 40 Hen; III. (1256).! Witnesses. 13 16 27 May, 3 Edw. I. (1275)- 12 Nov., 3 Edw. I. (iz7S)- Particulars. de Lexinton. Godfrey de Childewik. Robert le Nor- reis. Ralph de Wauncy, Guy de Lesignan. Godfrey de Lesignan, and William de Valence,^ the King's brothers. John de Plessetis, Earl of Warwick.' Roger de Thur- kiby. Robert Walerand. Wal- kelin de Arderun. Nicholas de St. Maur. Ralph de Bakepus. Bartholomew le Bigot.* William of St. Er- minus. William Gernun. No witnesses. Walter, Bishop of Rochester. Thomas, Bishop of Hereford. William de Valence, the King's uncle. Thomas de Clare. Roger de Mortimer. Maurice de Credon. Otto de Grandi- son. Robert de Scardeburg, Archdeacon of the East Rid- ing. Hugh, son of Otto. John de Seyton. Grant that the citizens and their goods shall not be arrested for debts for which they are not bondsmen, unless the debtors themselves are of their com- munity, and have wherewith to discharge their debts in whole or part, and shall be wanting in justice to their creditors. Writ directing bailiffs ot Bath to give livery of the city to the King's escheators, Geofiry Husee and William Merleghe, on surrender by Queen Eleanor. Charter granting to the Bishop of Bath and Wells that the citizens of Bath should be free of toll. ' Except where otherwise stated the documents are dated at Westminster. = Uterine brothers. Guy and William were amongst the twelve King's representatives in the " Mad Parliament." In July, 1258, the four brothers, Guy, William, Geoffrey, and Aymar, were stripped of their estates and allowed to go beyond sea. In May, 1265, William landed with troops in Pembrokeshire, and did good service to the King in his war with De Montford. His name appears in a commission of 18 Edward I. as the King's uncle. He is also witness to the Bath charter of 3 Edward I. ' There is a curious writ of 7th January, 39 Henry III. It is addressed to the tenants of the Earl of Warwick, setting out the embarrassed circumstances of the Earl, and ordering them to subscribe to pay his debts, including an aid due from the Earl to the King himself on the occasion of his eldest son being made a knight. The tenants claimed that as the Earl did not hold his earldom hereditarily, he was not liable to give an aid to the King, nor his tenants to him. In 40 Henry III. this plea was ad- mitted ; but it was held that the tenants were directly liable to the King, and they were distrained on accordingly. John was the second husband of Margery, Countess of Warwick in her own right, but she had no issue. Wales, * Bartholomew de Bygot was acquitted by Henry III. of escuage, because he was with the King in es, and did the personal service due in respect of the knight's fee. ^pjr^ttbM£ A. m No. Page where referred to. l6 17 18 Date and Place. 28 April, 5 Edw. I. (1277). 12 Mar., 6 Edw. II. (1313)- Windsor. I Sep., 12 Edw. II. (1318); Abercon- way. 4 May, 5 Edw. III. (1332); Haveryng at Bowre. 10 April, 14 Edw. III. (1341)- Witnesses. W(alter), Bishop of Worcester. ^ Hugh le Despencer.^ William le Latymer.^. Nicholas de Segrave.* Roger le Braban- zon.^ William de Hereford. Henry le Scrope. Richard de Burgh,® Earl of Ulster. Thomas de Clare.' Richard de Bruce. William le Latimer. John de Mon- talt.8 Peter de Chauvent.* Eustace de Hacche.^ J(ohn), Bishop of Winchester, Chancellor. W(illiam), Bishop of Norwich, Treasurer. John de Eltham, Earl of Cornwall, the King's brother.* Hugh Sandele. Henry de Percy, i" William d,e Montacute.^^ Ralph de Neville,^" Steward of the Household. J(ohn), Archbishop of Canter- bury.i^ R(ichard), Bishop of Durham.^' H(enry), Bishop Particulars. Writ to the Barons of the Ex- chequer, ^acquitting the citi- zens of Bath of ;^ii tallage, paid to Queen Eleanor. Inspeximus and confirmation of the important charter of 24 July, 40 Hen. III. Charter granting a fair to the Bishop of Bath and Wells, to be held in Bath at the feast of SS. Peter and Paul. Inspeximus and confirmation of the charter of 12 Mar., 6 Edw. II, Charter granting exemption to citizens from stallage, murage, pavage and piccage, and 1 Walter Reynald, Chancellor, S Edward II., ei seq. 2 The King's favourite. ' Fought in army of Edward I. against Scotch, 26 Edward I. ; made Marshal of England, t Edward II. 1 ■» Summoned with his father to army in Scotland, 26 Edward I. = Chief Justice, 26 Edward I. « Ordered to lead the chiefs of the Irish septs to the King's assistance in Scotland (1313), im- prisoned in Dublin, but released 1318, died 1326. ' A brother of Gilbert, Earl of Gloucester. 8 Summoned 26 Edward I. to King's army in Scotland. ' A younger son of Edward II. ; was made Earl of Cornwall after the disgrace and death of Piers de GavKiton. 10 Were in joint command at the battle (October, 1346) at which David of Scotland was taken prisoner. 1' A great favourite of Edward III., and assisted in overthrow of Mortimer. Created Earl of Salisbury, ami was King of Man. On the death of Thomas Brotherton, Earl of Norfolk, and son of Edward I,, was made Earl Marshal for life. He died previously to 18 Edward III.- '2 John de Stratford was previously Bishop of Winchester, translated to Canterbury in 1333. 13 Richard de Bury, Dean of Wells, consecrated Bishop of Durham in 1333. 9—2 IV WM P^xxttitxpal ^^curirs ttf :]Sa{^. No. Page where referred to. I I 13 {conti Date and Place. HUed) 24 July, i4Edw. III. (1341)- 19 Mar., iSEdw.IlI. (1341-2). 10 Feb., 20 Edw. III.s (1346-7)- Witnesses. Particulars. authorizing citizens to appoint their own assessors and collec- tors of subsidies. of Lincoln. John de Warren, Earl of Surrey. William de Bohun, Earl of Northamp- ton.i Henry of Lancaster, Earl of Derby.2 William de Clinton, Earl of Huntingdon.^ William la Zouche, Dean of the church of St. Peter, at York, Treasurer. Henry de Ferrers. John Darcy le Cosyn, Steward of the Household. Commission directed to William Rycard and Richard Rede, to collect the subsidy of a fifteenth and tenth granted by Parliament, to be paid on the next feast of St. Martin in the winter,* the proportion pay- able by Bath being ^13 6s. 8d. Commission directed to Robert Chapman and John Geffrays to collect the subsidies granted by Parliament, namely, a whole fifteenth and tenth, on the fif- teenth day after Easter, and three parts of another fifteenth and tenth on the next feast of St. Martin in the winter. Writ directed to the Bailififs, principal men, and the whole commonalty of the town^ of Bath, reciting that the King having heard that his adver- sary, Philip of Valois, was collecting an armed force to destroy him, and, if possible, to erase the English-speaking people, he had, with the advice of the magnates and others of the Council, determined to ' The Eatldoin had lapsed, but was revived by Edward III. William de Bohun was, on the failing health of his brother Humphrey (Earl of Hereford and Essex), made High Constable. '■' Created Duke of Lancaster 1350; saved life of Black Prince that year. This was the second Dukedom. • When the Earldom ceased to be an appanage of the Crown of Scotland, Edward IH. bestowed it on William de Clinton. * That is, the I2th November. » " In the 20th year of our reign of England, but in the Tlh of our reign of France." ' In this writ Bath is termed '^ villa." ^ppi[ttirt3e A. No. 13 where referred to. 14 {conti nued) 15 Date and Place. 16 May, 20 Edw. III.2 (1347)- 20 Sept, 36 Edw. III. (1363). Witnesses, Particulars. attack the parts beyond sea, in the middle of next Lent, with his whole army, and or- dering them to provide six fully armed men, to be at Portsmouth on the Sunday in the middle of next Lent.^ Writ* to the overseers, electors, and arraiers of men-at-arms, horse-soldiers, and archers in the County of Somerset, and to the sheriffs, bailiffs, and thanes of the same county, reciting that the men of the city of Bath have paid into the Exchequer twenty marks for the expenses of two armed men to accompany, the King - in his approaching passage to parts beyond sea, and ac- quitting the same men from finding two armed men, and all other armed men for whom they had been assessed, not wishing, however, that this, which had been done in such urgent necessity, should be a precedent for the future. * Commission to Walter de Frompton, William Canynges, and John de Stoke, reciting that the prelates, magnates and commons assembled in the Great Council lately held at Westminster, had, in considera- tion of the remission, made at their request, of certain for- feitures belonging to the King of ulnage of cloth, granted him a subsidy of all cloths 1 The writ is issued " per ipsum regem et consilium." The complete text is contained in Appendix C. 2 " In the 20th year of our reign of England, but in the 7th of our reign of France," " This is in shape a writ, although stated to be " letters patent." *This document is issued "per ipsum regem et consilium." The complete text is contained in Appendix D. VI T^lm ^utttctpal Ol^^ctii-i»« uf ^atir. No. 15 16 fags where referred CO. {conti 17 Date and Place. nued) 20 Jan., 43 Edw. III. (1369-70). 4^June, 43 Edw. III. (1370)- Witnesses. Particulars, offered for sale, and appoint- ing them to be collectors of such subsidy within the Coun- ties of Somerset, Dorset, and Gloucester. Commission directed to John Gregory, Mayor of Bath, Mathew de Clyvedon, and John de Peterton, reciting that the commonalty of the town* had complained that certain evil-doers had broken down the walls in several places and taken away the stones, and appointing the persons named to inquire by a jury who the persons were that had so done, and to compel them to repair the walls.^ Commission directed to the Mayor and Bailiffs of the city of Bath, whereby, after recit- ing that the King had un- derstood there were several defects in the walls and towers of the city, whereby, unless quickly repaired, several dan- gers were likely to arise, as well to the King as the city, they and their deputies were appointed to levy a contribu- tion for the repair of the walls and towers, upon all owners of lands, tenements, and rents within the city and suburbs, and all who constantly dwell therein, and resort thither for merchandise. Also to take as many carpenters, masons and other workmen as may be necessary, and set them upon the work at the expense of the commonalty of the city, and to ' The word is villa. ' The Commission is issued " per consilium." ,^pJK[ttiJt5£ A. Vll No. 17 18 Page where referred to. 19 (conti Date and Place. niied) 26 Jan., 45 Edw. III.2 (1372)- 20 June, 45 Edw. III. (1372)- Witnesses. W(illiam), Bishop of Winches- ter. J(ohn), Bishop of Ely.* Th(oinas), Bishop of Exeter. Richard, Earl of Arundel. Humphry de Bohun, Earl of Hereford. William de Mon- tacute. Earl of Salisbury.* Robert le Thorp, Chancellor. Richard le Scrope, Treasurer. Henry le Scrope, Steward of the Household. 27 Aug., Commission directed to the I Rlc. II. Mayor and Bailiffs, reciting (1377). that the King had heard that his enemies, the French, were proposing to collect a multi- tude of men-at-arms within the kingdom of England, and to attack the city, or other cities of the kingdom, and appoint- ing them to superintend the walls and fosses of the city, and to compel persons having lands or goods within the city to contribute to the repair thereof.* 30 Nov., Commission directed to the I Ric. II. Mayor, Bailiffs, and principal (1377). men of the " city of IJath and Wells," appointing them to ' The Coflamission is issued " per ipsum regem et consilium." " The date of the year of the reign in England is torn, but " in the 32nd of our reign of France " remains. 3 John Barnet, Bishop of Bath and Wells, translated to Ely in 1366. .... * Son of previous Earl (note 1 1, p. iii. ). He died childless, having slain his only son in training him to tilt. ° Issued " per consilium." ' Particulars. arrest all who shall be con- trary and rebellious in the pre- mises, and to cast them into prison until further orders.^ Commission directed toMathew de Clevedon, Walter Clopton, Robert Lough, John Pederton, and Henry de Forde, similar to the one of 20 Jan., 43 Edw. III. Charter granting to the Bishop of Bath and Wells, that where- as he had by prescription a market on Wednesday and Saturday from the feast of St. Kalixtus the Pope to Palm Sunday, he should have the same market from Palm Sun- day to the feast of St. Kalixtus. VIU IlHriB Mltminpal ^^mtrir» of ;:EB«W|. No, 21 Page where referred to, (cofift 22 24 25 26 23 22 24 24 Date and Place. nved) 4 Mar., 3 Ric. II. (1379-80). 23 June, S Ric. II. (138^); Waltham. 9 Mar., 5 Ric. II. (1381-2). 28 Nov., 7 Ric. II. (1383^- 18 Nov., 12 Ric. II. (1388). Witnesses. No witnesses. Particulars. provide one small barge, called balinger, towards one hundred ordered by Parliament to be provided by the cities and "good towns" before the I St March next, at a place to be named by the Admiral.^ Commission directed to John Natton,^ John Gregory, and William Cook, to raise a sub- sidy of a tenth and a half, to be paid at the next feast of St. George.* Commission directed to the Bailiffs, principal men and whole commonalty of the city of Bath, ordering them to for- bid by public proclamation all tumultuous assemblies, and to punish insurgents and disturb- ers of the peace. Inspeximus and confirmation of the charter of 10 April, 14 Edw. III. Commission directed to John Donne, William Rous,* John Fraille, and Robert Wattes,^ to raise a subsidy of a moiety of a tenth, to be paid within the octave of St. Hilary* next Mandate from John Rodeney, Sheriflfof the County of Somer- set, to the Mayor and Bailiffs of Bath, setting forth two writs of the King, dated ist Novem- ber instant, one ordering the Masters and Wardens of all mysteries having charters or letters-patent to bring them in, ' Issued " per ipsum regem et consilium in Parliamcnto." It would seem that already the right of voting supplies was vested in the Commons. The ordinance is said to have been made "in presenti parliamento nostro per nos et consilium nostrum do assensu militum civium et burgensium." ' Was Mayor of Bath this year. ? Was Mayor of Bath in 1372. ' The 23rd April. ' The 14th January. < Was Mayor of Bath in 1393. j^pjr^ttMae A. IX No. Page iVnere referred to. 26 27 (conii 24 Date and Place. nued) 28 Nov., 20 Ric. II. (1396) ; Witnesses. Particulars, the Other ordering the Mas- ters and Wardens of all guilds and fraternities to make a return in writing, before the next feast of the Purification,* of the manner of their founda- tion and of their liberties, and also of all lands, tenements, rents, goods and chattels be- longing to them, also to pro- duce before the Council at the same time all their charters and letters-patent, and com- manding obedience thereto. Exemplification under the Great Seal of the record of the ac- quittal of Richard Godelegh, chaplain, Henry Goldsmyth, Roger Norman, and Joan his wife, William Barbour of Bath, Robett Nywelyn, John Stone of Bath, and Walter Sleywort, who were indicted before a Commission of gaol delivery consisting of Thomas Hunger- ford, Richard Sydenham, John Fytelton, Robert Angre^( Mayor of Bath), and Edmund Forde on the Tuesday after the feast of Holy Trinity, in 19 Ric. II., for having, on the Thursday before the feast of S. Catherine the Virgin, in 15 Ric. II., broken into the house of Richard Clewere,^ at Bath, and stolen thence four yards of white* cloth, value i6s., and in money ;^ I o, a silver girdle value 80s., seven silver buttons value 6s., one silver Agnus Dei value 20s., a clasp' value 2od., a cloth^ value 2 s., and a piece of kerchiefs, value los. Also of the acquittal of the same per- 1 The 2nd February. ^ Was member of Parliament in 1396. » Was Churchwarden of St. Michael extra muros in I365-6. parish in " Brad Stret " at the yearly rent of a penny. * The original is " nibii coloiris," ».«., probably, nivei colons. 5 Firmaculum=ferraail, f{lo\x\3..—Ducang-e. ' Tuale. Tualia-=mappa, mappula. — Ducange, In 1377, he held a house of the 10 IPI|B ^untetpal ^^ci[iti»0 tif ;®ai^. No. 27 28 29 3° 31 32 33 Page where referred to. (conti 25 25 25 26 26 Date and Place. nued) 27 Sept., 2iRic. 11. (1397)- 19 June, 22 Ric. II. (1399)- 25 Mar., I Hen. IV. (1400). 24 Nov., 2 Hen. V. (1414). 1 June, 10 Hen. VI. (1431)- 15 Oct., 25 Hen. VI. (1446). Witnesses. No witnesses. No witnesses. No witnesses. Particulars. sons, except Walter Sleywort, . who were indicted at the same time for having, on Palm Sun- day in 19 Ric. II., broken into the house of William Lyneden, Vicar of Wellow, at Wellow, and stolen ;^2o in gold and silver. An acknowledgment that the men of the town^ of Bath had paid the King ;^2o, and a promise to repay that sum on the fifteenth day after Easter. Commission directed to John Hull, Robert son of John Hull, Thomas Plomer, Mayor of the city of Bath, and Edmund Forde,^ to deliver the gaol of Bath. Inspeximus and confirmation of the charter of 9th Mar., 5 Ric. II. Inspeximus and confirmation of the charter of 25th Mar., 1 Hen. IV. Inspeximus and confirmation of the charter of 24th Nov., 2 Hen. V. General pardon, granted by the Crown to the Mayor and com- monalty of the city of Bath, of all trespasses, etc., com- mitted before the 9th day of April then last, and of all debts, etc., due to the King before the ist day of Septem- ber, in the 20th year of his reign. ' "Vilte." 2 Edmund Forde was named in the Commission recited in No. 27, aiitt. j^jq^ttMx; A, xt No. 34 35 36 37 Page where referred to. 28 28 29 29 Date and Place. 26 Nov., 26 Hen. VI. (1447)- 12 June, 30 Hen. VI. (1452)- 16 Nov., 6 Edw. IV. (146.6). 22 Feb., 7 Hen. VII. (1491-2). Witnesses. J(ohn) Archbishop of Can- terbury, Chancellor.! Mar- maduke, Bishop of Carlisle, TreasurerofEngland. Adam,^ Bishop of Chichester, Keeper of the Privy Seal. Richard,^ Duke of York, and Humphry,* Duke of Buckingham. Ed- mund,* Marquis of Dorset, and William, 8 Marquis of Suffolk, Chamberlain of Eng- land. Richard,'^ Earl of Salis- bury, and John, Earl of Shrewsbury. Sir Ralph Crom- well. Sir John Stourton, Treasurer of the Household. No witnesses. Particulars. Charter grantihg " for the spe- cial relief of the city of Bath, and of the heavy burdens which the Mayor and citizens of the same city sustain and support, as well in payment of the fee farm of the said city to the Bishop of the same city and his successors, as in the sup- port of certain several other burdens incumbent on them, and in order that the same Mayor and citizens and their successors maybe able to dwell more safely and quietly within the same city, to the glory and honour of God," the several privileges set forth at page 28. Pardon, under the Great Seal, granted to the Mayor and commonalty of Bath, of all trespasses, etc., committed be- fore the 7th day of April then last. Inspeximus and confirmation of the charter of ist June, 10 Hen. VI. Commission directed to Richard Lacy and Laurence Leche to raise a subsidy of two fifteenths and tenths, one to be paid on the I St of April, and the other on the feast of St. Martin in the winter. » John Stafford, translated from Bath and Wells, isth May, 1443. ^ See as to this Bishop, note S on p. 28. 'Father of Edward IV. * Humphry is said, by Camden, to have died in his father's lifetime, being slain at the battle of St. Albans (34 Henry VI.). ' Afterwards Duke of Somerset. • Grandson of Michael de la Pole, the burgher Baron. William was Earl by descent. Marquis by grant of Henry VI. ; privileged to carry at the coronation of the King a golden verge with a dove on top of it. ' Richard Neville, who obtained the Earldom on his marriage with Alice, daughter of Thomas de Montacute, the late Earl Richard followed the York family, and was taken prisoner and beheaded after the battle of Wakefield, 1461. 10 — 2 xu Jplft^ ^l^utticijftal ^5Ctn;if« tjf ;;©afli. No, 38 39 40 where referred to. 29 31 32 Date and Place. 27 June, 36 Hen. VIII. (1545)- 16 Aug., I Edw.VI. (1547)- 23 Dec, 4 Edw. VI. (iSSoV Witnesses. No witnesses. Particulars. Sir Edward Northe. Charter granting to the Mayor and citizens of Bath and their successors a yearly fair, to be held within the city on the ist February and six following days, together with a Court of Piepoudre, and all purpres- tures, tolls, etc., belonging to such fairs. Lease to Richard Frampton of a cottage and garden,i late -in the occupation of William Gibbes, alias Holwaye, in the parish of S. James in the city of Bath, situate between the King's highway on the south, and a tenement of the Cham- berlain of the city on the north, lately part of the possessions of the Priory of Bath, for 21 years, from Michaelmas [1547]; at the rent of 20s. The King covenants to repair with tim- ber, and the lessee to do other repairs. The lease is to be void if the rent is unpaid for five weeks. Lease to Humfry Cotton of a messuage and tenement late in the occupation of William Huchyns, situate in Bath, and of another messuage and tene- ment, called the Harte, late in the occupation of John Chep- man, situate in Bath, and of a meadow called Wayboroughe meade, near Bath (all which premises were parcel of the possessions of the late Priory), for 21 years from Michaelmas [1551], at the rents for Hu- chyns' tenement of 46^., for the Harte of loof., and for Wayboroughe meade of 6^. The King covenants to find sufficient great timber for re- ' Probably what is now the " Horse and Jockey," in Beau Street, or else No 15, Stall Street. Sir Richard Sakevyle. ^pptn'ifxx A. XUl No. 40 41 Page where referred to. 42 43 Date and Place. ( COttti lined) 38 38 6 June, 15 Eliz. (1573)- 39 4 May, 16 Eliz. (1574)- 5 Nov., 26 Eliz. (1584). Particulars. pairs, and the lessee to bear the expense of throwing, cut- ting, carriage, and working of timber. The lease is to be void if the rent is in arrear for five weeks. Letters patent directed to the Mayor of the City of Bath for the time being. Sir Hugh Pawlett, Sir Maurice Barkeley, Sir George Norton, George Rogers, John Younge, John Horner, Esquires, Edward Baber, Esquire, Recorder, Arthur Hop- ton, Esquire, George Pereman, William Cavell, John Wyott, Thomas Tumor, and John Davies, Aldermen, appointing them Commissioners to array, inspect, and arm men-at-arms, as well horse as foot, and archers and musketeers above the age of 16 and under 60, and ordering them to certify in writing, under their hands and seals, as quickly as possible, what they shall have done in the premisses, and to follow the instructions annexed, and such other instructions as should be issued by the Privy Council. Annexed to the Commission is " A generall direction for the Comissioners for the Musters in the Citie of Bathe, howe theie shall precede in the execution of the saide Comis- sion." This "direction" recites that with the Commission for the general muster of the County of Somerset are sent instructions by the Privy Council which contain many articles "verye mete and necessarie for the musteringe and trayn- inge up of Soldiers in Cities," and instructs them that as the Queen has been pleased to direct a special Commission to the City of Bath, they are to require from the Com- missioners in the " Sheiers " next to them a sight of such instructions and a copy of such parts thereof as shall seem meet. Letters patent granting to William Swayne the offices of bailiff, coroner, escheator, and clerk of the market of the City of Bath and within the liberties thereof, with all rights formerly belonging to the Bishopric of Bath and Wells. Also the ofifice of bailiff of the hundred of Holforde, Gretton, and Kit- tesgate in the County of Gloucester, part of the possessions of William, late Marquess of Northampton, to hold the same for term of his life. Also for the execution of the office of bailiff of the said hundred 40 shillings yearly, payable at Michaelmas and Lady-day.^ Office copy Commission directed to Thomas Riousewell, Wil- liam Atwood, William Whalley, John Hayles, William Cavell, and Thomas Harryngton to inquire of all lands and tene- ments in the County of Somerset which have devolved on the Crown by reason of the dissolution of monasteries, etc., and by the statutes of mortmain, or by reason of attaint ' There is a memorandum endorsed " Jur coram Willo Neale Aud Com Somers xxviijo May, 1574- XIV I^lje Municipal ^BtJJtttra irf ^iSaift. No. 43 44 Page where referred to. 45 {conti 39 39 Date and Place. nued) 1 6 Jan., 27 Eliz. (1584-5)- 13 March, 27 Eliz. (1584-5)- Particulars. for high treason, etc., or in any the Crown and unjustly detained. manner concealed from Office copy return to the last-mentioned Commission, being an inquisition taken before William Walley, William Cavell, and Thomas Harrington on the oath of a jury' summoneJ- by Gabriel Hawley, Sheriff of the County, who enumerate 56 tenements,^ and say " that all the houses, cottages, barns, dovecotes, lands, meadows, pastures, with all and singular the premises with their appurtenances are concealed, with- drawn, and unjustly detained from our said Lady the Queen, through the default of the feoffees to uses of the several parish churches within the City aforesaid, to which churches the lands, tenements, and hereditaments aforesaid formerly belonged," and the Commissionfers certify that although the tenants were warned to say what they could before them in sup- port of their title, none of them had appeared. Grant from the Crown made " in consideration of the faith- ful and acceptable service heretofore rendered to us by our beloved servant and counsellor. Sir James Crofte, Controller of our Household, as well as at the humble petition of the said James Crofte," to William Sherston of Bath, clothier, and John Sachefelde of Bath, baker, of the 56 tenements mentioned in the return to the Commission of 5 November, 1584, at rents amounting together to ;^i 14s. 4d. per annum. Also of 30 acres of arable land and 6 acres of pasture, with " a decaied Colemyne " and a " Stone DelfFe," situate " in Tockoles, in the town of Lyuesaie, commonly called Wenshead," in the County of I^ancaster, formerly belon^ng to the Chantry in the Church of Leeland, in the same County, now or late in the occupation of John Baron, deceased, or his assigns. Also of 40 acres of pasture' situate in Lower Standen, in the County of Lancaster, now or late in the occupation of Giles Colthurste and Peter Farrande, and were parcel of the late Monastery of Whaleye, in the County of Lancaster, at ' The names of the jury were John Elmor, Edward Norwaye, John Richardson, Anthony I-ovell, Edward Gittes, Henry Coye, John Spanley, Barnabie Haroulde, Giles Sparke, Nicholas Picher, John Tyler, and William Forest. _ ' - The situation of the properties is not stated, but nearly all were identified in the course of the pro- ceedings between the Corporation and the parish of St. Michael, in the years 1735 to 1798. The only local descriptions are, " A small piece of land called Elmhayes," which name repeatedly occurs in the Churchwardens of St. Michael's accounts ; " certain lands lying in Dunckerton, containing by estimation 12 acres ;" "a ruinous barn with a piece of land containing by estimation one acre, lying in Lingcom ;" "a small garden lying near a garden of John Sharston in a certain street called Bynburye Lane." There are also mentioned " a house called a Roodlofl," "a small cottage called a Coat," "a ruinous Chapel," " a small house called a Cote," The annual value of the 12 acres of land in Dunkerton is stated to be 3 shillings beyond reprises. ^ppviVLbix A. XV No. 45 46 Page where referred to. Particulars. (conti 40 nued) 4 Sept., 32 Eliz. (1590)- rents in respect of Baron's land of los. 6d., and of Colthurste's land of 13s. 4d. per annum. Charter defining the rights, privileges, and duties of the Muni- cipality, based mainly upon rights and customs already es- tablished. PART II. CHRONOLOGICAL LIST OF DEEDS AND WILLS. No. Page where referred to. Date. Particulars. Names of Witnesses. 47 48 9 10 6 Dec., 1218.1 6 Dec, I2l8.1 Conveyance by Matilda Stanold to Robert Puther of a shop at the South of the stalls of Bath, for 48 shillings. Deed by which Henry Stanold, son of Matilda Stanold, releases his claim to the same shop for i mark of silver. Helias,2 Dean of Bath, Richard the Chaplain, Swein, Gervaise, Henry Cabbel, David le Petit,^ Hugh de Aixton, Swein de Weston, Henry the Porter, Geoffry the Porter. Helias,^ Dean of Bath, Richard the Chaplain, Swein, Thomas his son, Gervaise, David le Petit,* Henry Cabbel, Hugh de Aixton, Swein de Weston, Walter de Weston, Henry the Porter, Geoffry the Porter, Richard la Waite. 1 " The feast of St. Nicholas in the third year after the death of King John. ' 2 Not, it is to b& hoped, the Elyas the dean against whom, in 3 John, the record stands, "Elyas decanus reddidit compotum de c marcis pro trahenda arnica sua et filiis etc' ' The grantor in deed No. 51. XVI I^IlB ^utttctjral ^BtJiriths t»f ;:©afr|. No. 49 s° SI 1230.1 10 1250. Be- tween 1250 and 1260.^ Particulars. Conveyance by Walter, son of Serle, to Juliana, daughter of William Springod, of the shop at the South of the stalls of Bath, which he bought of Robert Puther.2 Consideration money, 4 J marks of silver. Conveyance by Henry Peytevyn, of Bath, to John Coc,* of a shop at the stalls of Bath, at the west end of the churchyard on the east side of the street oppo- site the house which belonged to Hidebrond, between the shop of Master Henry Pann and the shop of Walter Falc, subject to " land- gable " to the King, of 6 pence annually at Michaelmas. Consi- deration, 4 marks of silver and a tunic of bluet.^ Grant in fee farm by David le Petit, of Bath, to Robert le Tanur, of Hampton, of a shop at the stalls of Bath, between the shop of Henry le Peitevyn on the south, and the shop of John Wissi on the north, at the yearly rent of 4 shillings of silver, pay- able quarterly at Michaelmas, St. Thomas, the Annunciation, and St. John the Baptist, "for all secular service, exaction, and Names of Witnesses. John Du Port, at that time Mayor of Bath, Andrew the clerk, Geoffry Wissi, Hugh de Ayston,' Thomas Sweyn,* Walter Cab- bel. John Du Port, Henry the Tai- lor," Roger Budd,* William de Clafferton, Jord de Henl, Wal- ter Falc, Randolf de Arche, John [son] of Milo, Walter Brian. John du Port, John Cok,* John Wyssi,* Ernald le Vingnur, John de Henton, John de Wik, William de Claferton.i" 1 There is no date to the deed. The late Mr. Riley, of the Historical MSS. Commission, fixed the date at about 1230. 2 This is no doubt th§ same shop which Robert Puther bought of Matilda Stanold and her son, the rent to the lords of the fee being the same (7 pence), and also the "landgable " (S pence). ' Was witness to the conveyances by Matilda and Henry Stanold. (Nos. 47 and 48). •■ Mentioned in the inquisition of4 Edward I. (pp. 13, 15), as having taken stones from the city wall. The jurors' names in the inquisition of 2 Edward I., include Henry the Tailor, Walter Falc, Roger de Mitford, Thomas Coker, Henry Absolon and William le Res, all of whom are mentioned iii the deeds of this period. » Blue cloth. ' Mayor of Bath in 1280. 'Mr. Riley puts the date at between 1250 and 1260, presumably from the style of writing — the deed itself being undated. But unless Henry Peytevyn had two shops at the stalls, the date must be before 1250, when he sold his shop to John Coke (see ante, No. 50). ' Grantee in the conveyance No. 50. ' No doubt the owner of the adjoining shop. 1° One of the witnesses to the conveyance (No. 50) from Henry Peytevyn to John Coke. ,^pp^xiitxx A. xvu No. 51 52 {contt meed) S3 54 About 1260^ or 1270. [28o7 No dare, but pro- bably earlier than 1313- Particulars. demand, saving the service of the Lord the King, as much as per- tains Jo the said shop, namely 6 pence at the feast of S. Michael for land gable." The deed pro- vides that the grantee may alien the property to anyone except Jews and religious men.^ Grant by Peter Chamberlayn of Shaf- tesbury, to Richard Donekan, Vicar of Southstoke, in consideration of 1 2 marks in pennies, of a perpetual yearly rent of 12 shillings payable quarterly out of the house which Thomas Sweyn^ held of him in Bath, opposite to the church of S. Mary de Stalls. Release by Cristina, relict of Robert le Tannur, to William le Cran, in con- sideration of 4 shillings, of all her right in a certain shop in Stall Street, Bath, which Robert, her late hus- band, sold to Roger de Mitford,' and the same Roger to the aforesaid William le Cran.' Copy of the charter of i Richard I., and the long charter of 40 Henry III. At the foot is written : "Nouerint omes ad quos tnsqrip- tum istud cartar nrar puenerit q sub sigillo comunitatis nreBathon tnsqribit. In hui rei testimonm huic psenti tnsqripto cartar nrar Names of Witnesses, Henry* then Mayor of Bath, Walter Falc,^ Robert Coc, William Sleygh, John Milis,'' Gilbert the Tailor, Richard de Henlege and John Mar- shal, then escheators, Henry Absolon, Richard Everard, William the Porter, William le Res, Robert the stable- man, Henry Tropinas. Henry the Tailor then Mayor, Richard Everard then Pro- vostji" John Mills, 10 John Coc,io Gilbert the Tailor,!" William Scleht," Thomas Sweyn.^ ~ I Robert le Tanur sold this shop to Roger de Mitford, who sold it to William le Cran, and, in 1280, Christina, widow of Robert IcTanur, in consideration of 4 shillings, executed a deed releasing all her interest in the property. ' The deed is undated. This is the date assigned by Mr. Riley. ' One of the witnesses to deed No. 49^ * Possibly Henry the Tailor, who was Mayor in 1280. ^ One of the witnesses to deed No. 50. ' Possibly John the son of Milo, who was also one of the witnesses to deed No. JO- - ' "In the 8th year of the reign of King Edward, son of King Henry." ' Mentioned in the inquisition of 4 Edward I. (pp. 13 and 15), as living in a house to build which William Cook took away stones from the City wall. ' Evidently a release of dower. 1° One of the witnesses to deed No. 52. II No doubt the same as William Sleygh, one of the witnesses to deed No. 52. II xvm Jp!II|K ^^utticijral ]KlBi^i»it^« xff '^nlfi* ^T where *^°' referred to. 54 (con a 55 56 21 nued) 20 March, 1319- 20. II Nov., 1326. Particulars. John called le Bacare,^ John de Wyk,^ Richard le Boye,* William de Blakedon, John the Dyer.5 sigillum nrm comune est appen- sum, A small portion of an impression of the present city seal is still attached Lease from John Cole, then Mayor of Bath, and the whole commonalty of the same city, to the said John Cole and Agnes his wife, of a shop in Stalls Street, near the entrance of the church of St. Mary de Stall on the south side (and which Henry Batyn formerly held), for their lives and the life of the survivor, at the yearly rent of 8 silver shillings. Probate of will of Benedict de Stok, of Bath, whereby he bequeathed : 1. For his funeral, los, 2. To Dom. John, the Vicar of Stalls, i2d., and to his clerk 2d, 3. To John his son, his best robe, 4. To Joan de Kanynges his wife, his tenement in Stalls Street, in Bath, between the lane leading to the King's Bath on the north, and a tene ment of Walter Clement on the south, which tenement the said Walter held of him for his life, also the reversion of the same tenement after the said Walter's death, she paying thereout yearly for ever to the Bishop of Bath 7s., and a pound of wax for a taper for St. Mary de Stalls, at the Feast of the Assumption of the Blessed Mary, and 4d. for four Masses, to be cele- brated in the aforesaid church of Stalls on the date of his anniversary for his soul for ever, 5. A rent of .6s. to his same wife for ever, to be charged upon a tene- ment which Richard le Peynjtor and Alice his wife held for the term of their lives, in Vroggemere Lane, in the suburb of Bath, with the rever- ' The date is " Anno Regni Reg. Edwardi fil Regis Edwardi terciodecimo." ' Mayor in 1316-17. ' Mayor in 1325 and 1 328. * One of the witnesses to deed No. 58. » Provost in 1326. Names of Witnesses. j^pjr^ttMie A. XIX No. 56 57 Page where referred to. (conii nued) 20 Sept.,2 1330- Particulars. sipn of the same tenement after the deaths of the said Richard and Alice. 6. To his son John, a rent of 2 s., to be received out of the aforesaid tene- ment in Vroggeraere Lane, for the term of his life. 7. To Joan his wife, his tenement situate without the south gate in the suburbs of Bath, situate between the tenement of the Prior of Bath, in the same place, on both sides. 8. To John his son, 3s. yearly, to be receivedout of the same tenement, for his Ufe. 9. The residue of his goods not be- fore disposed of to Joan his wife. And he appointed, as executors, John Fowel and Richard le Vygnur.^ The will is dated the Friday after the feast of St. Kalixtus the Pope (14th October), that is 19th October, 1326. It -was proved in the great church at Wells, on the nth Novem- ber following, before Walter de HuUe, Rector of the church of Shepton Beauchamp, Commissary of the Bishop of Bath and Wells [John de Drokensford.] Release by Roger ate Welle of Calne- stone, son of John ate Welle, to Alexander the Dyer,^ of Bath, and Ellen his wife, of all his right and interest in the shop of the street of the Stalls of Bath, situate between the alms-land of the Priory of Bath on the south, and land of the hospi- tal of St. John the Baptist on the north, and which shop the said Alex- ander had by the feoffment of Nicho- las de la mare of Calneston, the uncle of the said Roger ate Welle. 1 Member of Parliament for Bath in 1343. ^ This deed has a very good impression of the earliest Mayor's seal, which is said to be affixed "quo3 dictum sigillum meum pluribus est incognitum." It relates to premises on the site of what is now No. 13, Stall Street. * Mayor of Bath in 1347, and Member of Parliament in 1339. * See note 3, page xviii. ' Mayor of Bath in 1320 and 1326. " Mayor of Bath in 1332, 1333, 1336. ' ProTost in 1332. II — 2 Names of Witnesses. Adam Wytesone then Mayor of Bath, John de Wyke,* John Cole,5 Roger Cole," Henry Hurrel.^ XX W^^ Municipal ^Klsc^rtr^ wf ^alft. No. Page where referred to. Date. — 4 Aug., 1336.^ 20 March, 1341-2. II March, 1345- 6J Particulars. William Cubbel* then Mayor of Bath, Adam Whitesone,^ Alexander the Dyer,* Roger Tryst, William Swayn.i" Henry Hurel,* Henry le Mareschal, John Husee. 58 — 4 Aug., A mandate from Thomas de Cumbe- haweye to Edward the Fuller, Alice his wife, and John their son, to pay to Alexander the Dyer, of Bath^ (to whom he had sold the same)^ a yearly man. rent of 6 pence, payable in equal portions at the Nativity of our Lord, and at the feast of S. Michael the Archangel, for a tenement with a curtilage and appurtenances, in the street called Walecotestrete, which they held of him for their lives. 59 — 20 General release by Sir John de St. Lo to all the citizens of Bath of all rents, whether of money or otherwise, which they owed him.* 60 — II Conveyance by Lucas the Miller of Calneston, and Agnes his wife, daughter of Nicholas de la mare of Calneston, to the Mayor and Com- monalty of the City of Bath, of a rent of 5 shillings issuing out of a shop situate in the street of the Stalls of Bath, which William Hendyman then held, situate between the shop which John Batyn held on the north, and the shop which Peter de Lewes held on the south. Also another ' This deed is in French. The date is " le quart Jour de la goulast Laan du regne le Roy Edward letreisaps le conquest." Goulast = Gula Augusti, i.e., 1st August. « Bath is called in this deed " Baa." ' Mayor of Bath in 1330, and Member of Parliament in 1326. * One of the witnesses to deed No. 55. ' Provost in 1332. " As this deed seems to infer some kind of ownership in the city, the full text is given ; " Universis ad quos presens scriptum pervenerit Johannes de sancto Laudo miles salutem in Domino. Noverit uni- versitas vestra me remisisse et relaxasse omnibus et singulis civibus civitatis Bathoniae lotus redditus quse ipsi vel aliquis eorum michi debent sive sint argentum sive alius redditus qualiscunque ea videlicet occasione ut sint sub defensione et protectione dominii me!. De quibus redditibus predictos Bathonienses et eorum quselibet pro me et heredibus meis in perpetuum quietos clamo per preseutes. In cujus rei tes- timonium sigillum meum presentibus apposui. Datum Bathonia vicesimo die Martii Anno regni Regis Edwardi tertii post conquestum quintodecimo." Collinson (" History of Somerset," vol. iii., p. 342) says that the arms of Sir John de St. Lo, who succeeded his father in 7 Edward II., and was living in 46 Edward III., were a bend in chief, a label of five points. The seal to this deed is the same, with the addition of a lion rampant on the dexter side of the shield. Sir John de St. Lo was lord of Publow as well as of Newton. The former he held of the honour of Gloucester, and it has been suggested that the addition to the arms has reference thereto. ' This deed has a tolerably perfect impression of the present city seal. " Accounts of Churchwardens of St. Michael, 1349 : " Item paid to the proctor of the Commonalty 6 pence for the messuage which William Cubbel holds of the said church." ' See note 3, page xix. '" Mayor of Bath in 1333. Names of Witnesses. Roger Cole then Mayor of Bath, Adam Whitesone,* Richard le Boye,* Henry Hurrel,^ Richard the Hunts- ^p^viiixx A. XXI I Page »^, where J^O. referred 60 (conft Particulars. William Cubbel, Mayor, Thomas Scote/ John Tope, Roger le Clywer,* Walter le Carpenter.6 nued) rent of 2 , shillings, issuing out of an- other shop in the same street, which William the Porter held, situate be- tween the shop of John Fynch on the north,, and the shop which William Combe held on the south. 61 — 21 Lease from William Cubbel, then Dec, Mayor of the City of Bath, and the 1349.1 whole Commonalty of the same place, to Thomas de Thame and his wife, of a tenement situate in Stall Street (which they had of the gift and bequest of John Freoman, and lay between the lane leading to the King's Bath on the north, and the tenement which Walter de Lam- brigge formerly held on the south) for their lives and the life of the sur- vivor, at the rent, to the Vicar of the church of the Blessed Mary de Stalls, of 1 2 pence at the terms in the grant made by Benedict de Stoke,^ and to the lessors of 13 shillings, a half- penny and a farthing. 62 — 1 Feb., Lease from Robert Wattes, then Mayor 137 1-2. of the City of Bath, and the whole Commonalty of the same place, to Nicholas Buryton and Alice his wife, and after their death to John their eldest son, for his life, of a tenement in Stallestrete, situate between the tenement which Roger le Parmenter" held on the south, and the lane lead- ing to the King's Bath on the north, at the yearly rent of 14 shillings, a penny and a halfpenny. 1 Feast of .St. Thomas the Apostle, 23 Edward III. 2 This may possibly be the house bequeathed by Benedict de Stolce to his wife {ati/e, No. 56), the 12 pence mentioned in the lease representing a pound of, wax and 4 pence for masses. The price of wax varied from 4d. to is. the pound. ^ 8 Mayor of Bath in 1352. * Ace. Ch. St. Mich., 1349 : "Item they have received 6 shillings of Roger Clyware for three terms, viz., of the term Hock, the Nativity of St. John the Baptist, and St. Michael." ' ^ Mayor of Bath in 1352 and 1 36 1. 'Ace. Ch. St. Mich., 1405: "Item received of the bequest of Roger Parmiter, 6 pence for torches." ' Member of Parliament in 1360, 1363, 1369, '371. 1372, and 1373. 8 .\cc. Ch. St. Mich., 1349, amongst " New Rent " : " and 2 shillings received from John Gregory.'' And in 1370 in the summary of the account, " out of which are allotted to John Gregory and John Nac- tone 13s. 4d., which they formerly lent to the chapel of the Blessed Mary." Names of Witnesses. Henry de Forde, John Whyt- tokesmede,'^ John Gregory,^ Walter Carpenter,^ John Natton.^ XXll I^ilflE Municipal ^^cwtrs vf ^afft. No. Page where referred Lo. 14 Jan., 1403-4. Particulars. Names of Witnesses. William Rous^ Mayor, Robert Westpray,^ Richard Budel,^ John Katton,* Roger Test- wode.^ 63 — 20 Lease from William Rous, then Mayor Nov., of the City of Bath, and the whole 1392.1 Commonalty of the same town, to William Scropchire, Juliana his wife, and John their eldest son, for their lives and the life of either of them, of a shop with an upper room, -situate in Stallestret between the shop of the Prior of Bath, which John Lakot holds, on the south, and the shop which John Synto formerly held of the said Mayor and Commonalty on the north, at the yearly rent of 12 shillings.- 64 27 14 Probate of the will of Sybil Pochon, relict of Thomas Pochon, whereby she bequeathed : 1. To the fabric of the church of S. Mary de Stalles, her best napkin.''' 2. To Dom. John Baret, vicar of the same church, 5s. 6d. to say masses for her soul. 3. To Dora. John Fowler, the chap- lain,8 6 pence to say masses for her soul. 4. To Dom. Robert Hendnid, monk of the ^cathedral church of Bath, an altar cloth with a napkin.'-* 5. To Dora. John Tower, 6 pence to say masses for her soul. 6. To the image of St. Catherine de Stalls, her best silk robe.^" 7. To the image of the Holy Trinity in the cathedral church of Bath, a pair of jet rosaries with silver beads.^i I ' Wednesday, the feast of St. Edmund King and Martyr, 16 Richard II. * Mayor of Bath in 1393. ' Member of Parliament in 1376, 1377, 1378, and 1383. * Ace. Ch. St. Mich., 1376 : "Delivered to John Natton for timber bought for the work of the church, £4 IDS., by valuation (per tallium)." 1377 : " Item delivered to John Natton 9 shillings, in part payment for work at the church (facturaecclesie)." 1394 : " Item 3s. 4d., which John Nactone.'ljurgess of Coventry, gave to the Church of the Blessed Michael without, on behalf of his . . . formerly our Rector." John Natton was Mayor of Bath in 1380, and Member of Parliament in 1383 and 1388. ' Mayor of Bath in 1407. ' The will-is dated 7 December, 1403, and was proved on the 14th January following, in the chapel of St. Mary next the cloister of the cathedral at Wells, before Thomas Barton, Commissary of Henry [Bowet] Bishop of Bath and Wells. ' " Manutergium." 8 There is a word after this which is illegible, ' " Unam mappam cum manutergio." i» " Unum flamiolum meum optimum de serico.'" " " Unam par precariorum de Get cum gaudys de Argento." The Gaudes, or as they were after- j^ppHViinx A. . xxili No. Page where referred to. Date. Particulars. Names of Witnesses. 64 65 (conti nued) 12 May, 1476. 8. To Thomas Smyth, a cupboard. ^ 9. To Elizabeth Hendy, a small silk robe, and another small robe of linen thread.^ 10. To Richard Wydcombe* of Bath, all her land without the North- gate in Walcot Street, between the tenement of John Pochon, junr.,* and the messuage in which David Ryche^ dwells, extending from the King's highway to the Avon. 1 1. The residue of her goods to the said Richard .Wydcombe, to be dis- posed of at his discretion for the good of her soul. And she appointed the said Richard Wydcombe, and Thomas Smyth, her executors, and Dom. John Baret overseer.^ Lease from Robert Rogers, Mayor, and the whole Commonalty of the City of Bath, to John Slogye, citizen of the same city, Catherine his wife, Robert Rogers, Mayor, Wil- liam Stanburgh, Andrew Bedford,^ Aldermen, Robert Chepman* and John Jef- wards called in English, tlie Gawdes, were the large beads on which the " Pater noster " was said. The word has been derived from " gaudium," in connection with the joys of the Blessed Virgin. If so, the term " gaudes " would have originally been applied to the smaller beads of the rosary on which the "Ave Maria " was recited. See " Our Lady's Dowry," by Rev. T. E. Bridgett, pp. 65 and 205. Also "Pietas Mariana Britannica," by Edmund Waterton, pp. 156-167. 1 " Unum almary." , 2 " Unum flamiolum de serico parvum et unum alium parvum flamiolum de lineo filo.'' ' Mayor of Bath in 1418, and Member of Parliament in 1413, 1414, 1420, 1424, and 1428. ' Ace. Ch. St. Mich., 1420 : " Item in expenses paid to John Pochyne for the threshold of his house, xiijj-. iii)d. Item for writing the indenture between us parishioners and John Pochyne and the sealing of the same, u]s. Item paid to John Pochyne for rent, xxijj. viijV. Item for taking down tiles (pro takying downe de tegulis) from the house of John Pochyne in Walcot Street, xiijrf. Item of the, tenement of John Pochyne in Walcot Street, in which John Rymour diVells, xs. Item for the repair of a couple (de uno copylle) in the house of John Pochyne in Walcot Street, and of a post to support an upper chamber in the same house, xi]d." (A couple, called also a principal, is part of the framework of a roof.) 1439 : " and ijcl. paid in drink at several times to the carpenter and mason working in the house late of John Pochyn, and xld. paid to the tiler working in the house, late of John Pochyn." 1441 : " Default rent, ixii., of the tenement forilierly of John Pochyn." 5 Walter Riche was Churchwarden of S. Michael in 1403, 1404, and 1415. In 1404 it is said : " And Walter Riche will bear the purse this year." He was Member of Parliament in 1417, 1421, 1422,. and 1424. ^ " The coadjutor, or overseer, has no power to administer or intermeddle, otherwise than to counsel, persuade, and advise, and if that fail to remedy negligence^or miscarrying in the executors, he may complain to the Spiritual Court, and his charges in so doing ought to be allowed out of the testator's estate."—" Williams on Executors " (6th edition), vol. i., p. 234. ^ Ace. Ch. St. Mich., 1460 : " And in oil bought of Andrew Beddeford for the said lamp this year, as appears by the bill of parcels annexed to this account, iijs. vjd." 1473-4 • " And to Andrew Bedford for oil for the lamps burning in the church this year, ijs. viij;/." He was Member of Parliament in 1467. ' Churdiwarden of St. Michael in 1473-4, 1481-2, 1484-6, 1487-8. Ace. Ch. St. Mich., 1473-4 : " And to Robert Chepman, xlvijj, iijii. ob., for Ijuilding the new tenement." 1481-2 : " And to Robert Chapman for cheese [used at the performance of plays], ixa'." 1504-5 : " And viija!'. for the wasting of XXIV WfA ^Innitip^l ^«ciJtir« itf ^iSalft. No. Page where referred to. 65 66 67 68 69 ((r<'«^« nued) 32 32 37 43 Date. 4 Jan., ISS3-4- 28 Jan., I and 2 Phil. & Mary, [1553- 4-] 26 April, 1560. 18 April, 1572- Particulars. Names of Witnesses. freys,^ Proctors of the Com- monalty. and Edith their daughter, for their lives and the life of a survivor, of a tenement in Walkote Street, which John de Hampton lately inhabited, with a garden there adjacent, which tenement is situated between a tene- ment of the Hospital of S. John the Baptist on the south, and the tene- ment which John Wydcombe^ holds of the Churchwardens of St. Michael extra [muros] on the north. Bond from Humfrey Cotten to John Davys, Mayor of Bath, Edward Ludwell, Richard Chapman, William Chapman, William Abyban, William Rabbynsson, Thomas Gybbys, John Bale, George Pereman, and Thomas Turner, " brethren of the Corporatiob," in the sum of ;^3oo, to obey the award of Sir John Sydenham and John Wad- ham, and Humfrey CoUes, upon all matters in dispute between the said Humfrey Cotten and John Davys and others. Such award to be made before Lady-day then next Award of Sir John Sydenham, John Wadham, and Humfrey CoUes in the dispute between Humfrey Cotton and John Davys, Mayor, Edward Ludwell, Richard Chepman, and other inhabitants of Bath, touching the title to the bailiwick of Bath, a house called the Hart, a house called the Prior's house, and the Baynes in the same city. Draft petition to the Marquess of Winchester, Lord Treasurer of England, with reference to arrears due to the Crown for the baili- wick of the city. Indenture between George Pearman, Mayor of the City of Bath, the Aldermen and Burgesses of the same city, of the one part, and George Rogers, Esq., Sheriff of the County of Somerset, of the other part, whereby it is witnessed that the said George Pearman and Edward Baber, Esq., Recorder, have been elected Burgesses for the same city in Parliament. two candles (pro vastacione ij terticiorum) on the day of the burial of Robert Chappmane. And vjj. viijif. of the gift and bequest of the said Robert Chappmane and William Kennt. ' Was Churchwarden of St. Michael in 1476-7. Ace. Ch. St. Mich., 1460 : "and in default rent of the tenement late of Eichard Crykett, in Broad street, beyond, vjj. viijrf., levied of John Wytecombe yearly, iiija^. And to Boryett, of Bathewyke, for 1500 laths bought for the tenement of John Wytcombe and the tenement of Tropmylle, y\\)d. And for 21 J dozen of helm bought for the tenement of John Wythcombe . . . viu. ij(/. 1469 : " And for xviij dozen of helm bought for the tenement of John Wyttcombe, vj. vnd." 1473-4 = " And, paid to a tiler (js tylere) working at . . . the tenement of John Wydcombe . . . vijj. vija'." 1477-8 : "And iiijj. viijif. increased rent of the tenement late of John Witcombe, now of Philip Strong. And to John Smythe, mason, for a day's work in repairing a stable wall in the tenement of John Witcombe, vjrf." 1487-8 : " And ijj. for a jar (pro ja oUa) given by John Witcombe." * Ace. Ch. St. Mich., 1481-2 : " And for making a hearth (pro factura jus hurthe) in the tenement of John Gefferes, \yi" ,^jtjrenM3e A. XXV No, Page where referred to. Particulars. s. •JO 55 25 Letters of Administration with the will (dated 31 October, 1569) Jan., annexed, of the personal estate of Thomas Wathell, of Bath, Priest, 1589- granted by the Prerogative Court of Canterbury to the Mayor and 90. Citizens of the City of Bath.^ The testator bequeathed : 1. To the Cathedral Church of Wells, i2d. 2. To the churchwardens of St. James, Bath, los. 3. To each of his four bearers, i2d. 4. To the priest that should " saye sarvice " at his burial, lad. 5. To the clerk and gravedigger, 6d. each. 6. To the churchwardens of Philip's Norton, ss. yearly for the maintenance of the church. 7. To the parish church of St. James, Bath, 6s. 8d. yearly, for the maintenance of the church. To the four poor people of the almshouses at Philip's Norton, id. a piece, weekly, to be paid ^^ t^e four usual quarter days. To the poorest people of PhiUp's Norton, 26s. 8d. yearly, to be distributed by the churbhwardens, on the Friday before Christmas and the Friday before Easter. To the said churchwardens, 5s. yearly for their pains. To the poor lazar people of the Hospital of St. Mary Magdalen by the City of Bath, 5 s. yearly, toibe distributed quarterly. 12. To the poor people of the City of Bath, forty dozen of bread yearly, to be distributed quarterly, and the distributor to have 6s. 8d. yearly. To the Chamber of the City of Bath, out of the rent of the house which was Leonard Stobbes, during the years of his lease, 6s.'8d. yearly ; and to the Mayor, 5s. yearly, out of the same rent ; and to the Chamberlain, 2od. yearly, out of the same rent. To the parish church of Stall's, 5s. ; and to the church without Northgate, 5s. To the parish church of Combehaye, 6s. 8d. To the parish church of Walcot, 5s. To the parish church of Widcombe, 5s., for the maintenance of the same churches. To Mr. Robert Frauncis, Mayor of Bath, one old niazer and one silver spoon, and to his wife one silver spoon. To Elizabeth Crase and Agnes Abraham, his servants, id. weekly for their lives apiece. Also a flock bed, a bolster, two sheets, a blanket, and a coverlet apiece. To John Clement's wife, a pair of tachehooks in pawn for 5s. To Elizabeth, their daughter, a pap-pan with a handle, one platter, one pottinger, one sawcer and one eare dishe of pewter. To John, their son, one candlestick, one platter, one pottinger, one sawcer, and one eare dishe of pewter. 1 The Probate Act shows that probate was originally granted to Richard Jones, Robert Frauncis, and John Pardice, and that after their death John Brittayne and John Flowre.obtained a grant of ad- ministration, and afterwards, at the suit of William Morse, the grant was revoked, and the same William Morse, who was declared to be next of kin to the testator, had renounced. John Theaker, notary public, was proctor for the Corporation. II. 13- 14. IS- 16. 17- 18. XXVI W^r^ ^utttnpal ^Etm:b0 *tf ^a{%. No. , 70 {conti 71 54 nued) 10 Dec, 1590. Particulars. 19. 21. To Margaret Evans, one pair of canvas sheets, one pair of yarn hoses, with as much yarn as shall make a pair of hoses. To Milles, one white coverlet, his old gown, his breeches, and the stockings, one short. To Joan Masye, one yard of narrow diaper, and to her son one candlestick, and to every one of her daughters a diaper napkin. 22. To Margery Overbury, one yard of narrow diaper, and to her youngest servant his least candlestick. To John Bushe, her servant, the next candlestick. And to Joari Hayes, her ser- vant, the next candlestick. And to every of the same said maidens, one table-napkin. To Richard Gibbes, priest, his short gown. To Thomas Longe's wife, the baker, one yard of narrow diaper. To each of Thomas Longe's two maid-servants, two hand- napkins. To the parson of Walcot, his sarcenet tippet and his gown that was last made. To Richard Joynes, his fox^urred gown. To John Pardice of Philip's Norton, his last ripped gown with as much budge as shall face the same. To Richard Peareman, one book called " Tullyes Offices " with a commentary. To each of his godchildren, Thomas Whyte, Izott Powe, Thomas Shorte, William Whibbin, Thomas Whibbin, Thomas Flower, junn, 2od. The residue of his goods, cattails moveable and immoveable, debts, and sums of money, to the poor people in manner and form above mentioned, to be distributed amongst them by his executors. And he appointed Robert Frauncis, Mayor of Bath, Richard Jones of the same city, yeoman, and John Pardice of Philip's Norton, his executors, who were to have for their painS, of every nine pounds 40 shillings, "asking and taking no more nor any man ellse, but to give vnto god thankes Lawde bono"' and praises with prayer Amen." The will contains a power to appoint another executor in place of any that may die, and the testator appoints his cousin, William Morse, of Gray's Inn, the supervisor of his will, and gives to the said William Morse, his sister's son, all his lands within the County of Kent. The witnesses are John Cleament, John Beard, Myles Denyson, Thomas Welche, Burre, Robert , Fowke Marlot. Lease from Richard Meredith, Parson of the parish church of St. Peter and St. Paul, to the Mayor, Aldermen, and Citizens of Bath, of the Rectory of St. Peter and St. Paul, and the parsonage or chapel of Witcombe and Lincombe being parcel thereof (except the parsonage house within the city, and the barn, garden, and orchard thereto), for the term of sixty years, if the lessor should so long live, at the yearly rent of £t,2. 23- 24. 25- 26. 27. 28. 29. 3o- 31- j^ppi^nM^e A. XXVll No. Page where referred to. Date. Particulars. 72 40 . 25 Sept., i6qi. Deed-poll under the common seal of the city, appointing John Parker the elder, and Peter Sherston, attorneys ,on behalf of the Corporation, to receive a certain writing bearing even date there- with (by which Thomas Pryce and John Roberts purport to assure to the Corporation for ever the messuages, lands, and tenements contained therein) as the deed of the said Thomas Pryce and John Roberts, and also to receive possession and seisin of such mes- suages, etc., on behalf of the Corporation. ff.Vn ' ■} ••V 12- xxviii JpI^B ^l^unwtpal ^Erotti"^ »f ;®affe. APPENDIX B. THE CHARTER OF 7 DECEMBER, 1 RIC. I, RiCARDUS Dei gratia Rex Anglije Dux Normannise Aquitanise Comes Andagavise Justiciariis Vicecomitibus Baronibus Prspositis Ministris et Omnibus fidelibus suis Totius Anglise et Portuum Maris Salutem Dei prsecipimus quod Cives de Bathonia qui sunt de gilda eorum mercatoria habeant in Omnibus eandem quietacionem et libertatem de omnibus mercatis suis quocunque venerint per terram vel aquam de toloneo de passagio de lestagio et de omnibus aliis consuetudinibus et occasionibus et rebus quam pleniter et libere habent Cives nostri Wintonienses de gilda eorum mercatoria. Et prohibemus ne super hoc aliquis eos disturbet vel infestet ipsos vel res ipsorum super decem librarum forisfactura. Testibus Hugone Dunelmensi et Hugone Cestriensi et Huberto Saresburiensi Episcopis Willelmo Mariscallo Johanne fratre suo Galfrido filio Petri. Data apud Doveriam per manum Willelmi Eliensi Electi Cancellarii nostri septimo die Decembris Regni nostri Anno primo. APPENDIX C. COMMISSION DATED 10 FEB., 20 EDW. Ill, TO PROVIDE SIX MEN FOR THE KING'S SERVICE. Edwardus Dei gratia Rex Angliae et Franciae et Dominus Hiberniae dilectis sibi Ballivis probis hominibus et toti Communitati villse Bathoniensis salutem Quia pro certo didicimus quod Philippus de Valesio adversarius noster Francius machinans nos et nostros destruere et linguam delere si possit Anglicanam armatam coUigit potenciam quantam potest et magnum congregat navigium ad invadendum regnum nostrum Angliae et dominium nostrum subvertendum propter quod ad occurrendum ipsius adversarii maliciae et pro salvacione et defensione dicti regni nostri de consilio et avisamento magnatum et aliorum de consilio nostro ordinavimus versus partes trans- marinas cum toto exercitu nostro quanto potencius poterimus in medio quadragesimae proxime futurse transfretare ad quod faciendum magnum numerum armatorum necessario nos habere oportet vobis mandamus firmiter injungentes quod in villa predicta sex homines airmatos sine dilatione eligi arraiari et triari et armis competentibus muniri et ad nos usque portum de Portesrauth duci faciatis Ita quod sint ibidem die dominica in medio quadragesimje proxime futurae ,ad ultimum prompti et parati ad proficistendum nobiscum ad vadia nostra pro salvacione et defensione dicti regni nostri prout tunc duxerimus ordinandum. Et hoc sub forisfactura omnium quae nobis foris- ^^ppjttMx D. xxix facere poteritis nullatenus omittatis Scientes pro certo quod pro aliquibus rumoribus emergentibus de redicio fidelium nostrorum in partibus externis jam existentium versus Angliam aut aliis causis quibuscumque non intendimus propositum nostrum ex causa predicta transfretandi jam inceptum aliqualitei' inmutare. Teste me ipso apud Westmonasterium x die Februarii arino regni nostri Angliae vicesimo regni vero nostri Franci^e septimo. per ipsum regem et consilium. APPENDIX D. WRIT OF 16 MAY, 20 EDW. III., RELIEVING THE CITY FROM PROVIDING TWO MEN AT ARMS. Edwardus Dei gratia Rex Anglise et Francise et Dominus Hibernise Supervisoribus Electoribus et Arraiatoribus hominum ad arma Hobelariorum etSagittariorum in Comitatu Somerset necnon vicecomitibus Ballivis et ministris ejusdem Comitatus ac aliis fidelibus suis ad quos presentes literse pervenerint salutem Quia homines Civitatis Bathonise solverunt nobis ad receptam scaccarii nostri decem marcas pro expensis duorum hominum armatorum nobiscum in obsequium nostrum in proximo passagio nostro ad partes transmarinas profecturorum Nos volentes securitati ipsorum hominum in hac parte providere eosdem homines de dictis duobu^ hominibus armatis necnon de omnibus aliis hominibus armatis ad quos assessi fuerunt nobis pro dicto passagio nostro inveniendis tenore presentium exoneramus et quietamus Nolentes quod hoc quod in tam urgenti necessitate sic factum existit trahatur in exemplum seu consequenciam in futuro. Et ideo vobis mandamus quod ipsos homines contra tenorem presentium non molestetis in aliquo seu gravetis. In cujus rei testimonium has literas nostras fieri fecimus patentes. Teste me ipso apud Westmonasterium xvj die Maii anno regni nostri Anglise vicesimo regni vero nostri Francise septimo. per ipsum regem tt consilium. 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To the waytes of bristowe againste my lorde of Pembrokes comynge, vs. Chargys of the newe howsse 20 May, IS73- — Receaued on May Daie for one holberde one bowe and for blacke billes, bowestringes and gowne powder allowed, xxvijs. x]d. To the baylif of the hundred of Bathefor[insecum] for release of Bute of Courte, xijW. To lemon for makeinge of wall over the gate of the Fishe Tower and the side walle, x\']d To the Clarke of the hier howse about the estatute for bathes, xs. To the Clarke of the Lower howse for the same estatute, xs. About the { To Padget for that he laied out at London for knowledginge of a Abbeye < fyne, x\s. Churche. \ To S^ John PoUardes man about the same matter, ixj. 5 June, 1577. — To the lokier for workmannshipp and cciij//. of yron at \}d. ob. the pownde. for a great windowe in the same [Abbey] church, xsss. vij^. ob. 9 June, 1579. — Of Willm Cocks for his absence at the hall upon an accustomed daie, iijj. iiija?. to the Trompeters that blewe at his [the Lord Chamberlain's] comynge, vs. 12 June, 1580. — to a psifant for a pclamacon for exces of apparell, iijx. m^d. to a psyfant for a pclamacon for breadinge of greate horses, iijV. \\\-\d. paid and allowed to Mr. Maibr and Mr. Bailie for their charges in conductinge of Mr. Eewshjn to my Lord Bishoppe and from thence to the highe comissions, v]li. yijj. viij^. as appeareth by their billes of accompt; paid to Mr. Recorders man Thomas Reade for suinge the writt for eleccon of burges and makinge the Indentures, xs. 15 June, 1581. — payed to the pcyfwant the xxxth of Julye for a pclam towchinge Rebells depted oute of the Realme, iijj. iiij^ payed unto the pursevant the xxviijth of Aprill for a Comyssion. towching the Subsydye and a pclam towching Sedicius Rumors & Words uttered against her ma'ie. v\s. viijV. payed to the pursevant the xxxth of Maye for a pclam concnynge usorors, iijj. \\\]d. payed for mendynge of lott gate, v\d. 15 June, 1583.— payed the pursevant for a pclamacon concernynge Retaynors, \\]s. \\\]d. 16 June, 1584.— [Casual Receipts] of_Mr. Chambers [townclerk] of the vj/«. xiijj. \\\)d. f was deliued vnto hym concnynge the Church land, xiiijj. xd. ,^j>jisnMx E. xxxiii payed for the Comyssions dynner concnynge the Churche land, xvijf, viiji/. for bred and beare the same tyme, ixs. iiiji/. ; for wyne the same tyme, iiij^. xd. 14 June, 1586. — paid William Furde for a shurte for John Jenetes, iji. ; paid for ij yeards of fryes for a payre of gasgins, ij^. vji/.; paid for iiij yeards and a half of curse lyninge for to lyne his hose and to mak him a peticott, vj^. ij(/. ; paid for a payre of stockins for him, xviij(/. ; paid Myles for a coate for him, ij^. ; paid Beard for makinge the petycott and the bridches, vij^.; paid for a pclamaccn against the sowinge of wood, iijs. iiiiif. [A considerable sum expended on the School-house adjoining the Borough wall at Northgate.] paid for the chainge of Ix pound of pewter, x^. ; paid for xxviij pound of pewter and is to make vpp a dossen sawsers a dossen pottengers and a dossen platters and iiij chargers, xviijj. viij^. paid for sawinge of a peace of Timber in the abey for to make a payre of stayers in Butlers house, xxd. and for the stockes by the Whott Bathe ; paid Deepe for his mans worke about the stayers & doore, ij^. jd. paid Hassellwood for makinge the Buttes and bringinge the torfes, xs. paid Thomas Gibbes bayKe for servinge towe writtes on the Maior and Mr. Perman at Prices suite of Weston, iiijj. paid Spanlye for iij knokeates for the gates, ijs. laid out about the monster as appeareth bie the pticulars more then is receaued, xxix//. ijj-. njd. ob. 14 June, 1587. — Casuall Receiptes for vj chickins and iij cople of Capons that was bought against S"" xpoffer Hattens cominge now sould againe, xijj. GiFTES AND Rewardes. Itm given to S' John Clifton shirifTe and to the rest of the Justices of this shire a bancatinge Dishe foot at the potecharies, viijj. ; ij poundes of resones, xiiij^/.; a pound of shuger, xxd.; a gallon of clarett wyne, ijx. viijif.; a potte of secke, xxd. Paymentes. paid for a procklimacon for desolvinge the plyament, iijj'. iiij^.; paid the pavyer for pavinge of g vj yeardes from the vtter dore of the Hawll to the ender dore, viijj. n]d. paid Osborne for caringe a hewe and crie to Brestoll of a fained report that London was a fyer, xiiij^. ; paid Anthony Cavell for Ridinge to S' John Horner about the same buysines, xd. ; paid William Moreford for the meate of one of the poste horses that was sent the same time, \xd. paid William Tucker for carienge a Ire to Mr. John Bewshin in the west countrey, i]s. paid William Amye for makinge a waie over the ditche in Kinges meade for my Lord of Lecester and my Lord of Warwicke, xv']d.; paid Amye for takinge of that awaie againe, viij(/. ; paid John Thomas for makinge a waie throwghe Mr. Sherstons wall, iij^. paid Thomas Gregorie for goinge to Lavington to forbidd the killinge of rabettes, xviij^. Paid for Mr. Fiches^ chardges and myne and o' horsemeat for that 1 Mr. Fiche was the Mayor. 13 Caynes srved vs to appeare in the chauncery in Trinitie Terme for monney he chardged the Cittie to owe him for worke donn one the churche ; paid for the copie of o"' Bill, ixr. iiijy. ; paid Mr. Aishe^ for councell, xf. ; paid for the Attorneis Fee, iijj. iiij^ ; paid Mr. Aishes man for writtinge of o' aunswer, iiijx. ; gaue Mr. Sheppardes man v}d ; paid for horsemeat and mans meat at Malborowe, ijf. ; paid at Newbery for supper and breakefast, iiijf., for horse meate there, iiij^. ; paid at Maydenhead for o' bayte, iij^. vj^., for horse meate, xx^. ; paid for o' supper saterdaie night at London, ijj. vi\]d. ; paid sundaie Dynner and supper, viijf. ; paid mondaie dynner and supper, \s. i]d. ; paid Twisdaie Dynner and supper, iiijj. ix^. ; paid wensdaie morning drinkinge, v']d. ; paid for horsemeate at London, vjj. v']d. ; paid at Readinge at my cominge whome for Dynner and horsemeate, i]s. ; paid Mawl- borowghe for supper and horsemeate that nighte, ijx. ; more Mr. Fitche laid out as appeareth bie his note, \\i\s. yd. pd Mr. Chambers for a suppena and costes against Kaynes for bale for Mr. Walley, at the suite of Price for Atturneis Fee for the In- denture for pliament Burges for discontynnce of the accon of Price against Mr. Walley for the Atturneis Fee for suinge fowre to an outlawry for the quarr as appeareth by this note, iiij//. xiijj. \\d. 20 June, 1589. — paid to Mr. Price for writinge out the copie of the composicon for the comon, xij//. ; paid to him for writinge out the booke of accompte that Mr. Perman made for the churche, xxf. ; paid to Mr. Price for makinge twoe Ires of Atturney to gather vp the rentes that are vnpaid to the Chamber, ij^. ; more to him for a copie of a bande that lies in the Arches and for a Ire of Atturney to make seasure vpon outlawes goodes to the use of the Cittie, \\s. paid to Mr. John Sachefild for his chardges and Mr. Chambers and his man for ridinge to Mr. Courte for framinge an answere to Mr. Perman and Lloyd in the Chauncerie when they served Mr. Sherston, Mr. Sachefild and John Sherston, ixj. ; paid Mr. Courtes man for writinge o' answere in paper, viy. m\d. ; paid Burde Mr. Chambers man for ingrosinge of o' answere to Lloyd, \]s. y paid to Mr. Prices man for ingrosinge o'' answere to Mr. Perman, ijx. vj^. ; paid to Mr. Jackson for the suite of Flood against Mr. John Sachefild in the Kinges benche for comon bale, xviijV. j and for the copie of his declaracon, \\\)d. ; for the Atturneis Fee, \\)s. \\\)d. ; paid more to Mr. Jackson at the same tyme for comon bale for Mr. Sherston in the Kinges benche, xviij^/. ; for a copie of the declaracon, xx*/. j for the Atturneis Fee, \\]s. iiijil paid to Thomas Gardener and Thomas Hibbett masons for byldinge vp the chancell at the schoole house, \s. \ more to a Free mason for makinge a wyndowe in the poynen^ end, xxs. [A new roof was put on the school and other repairs.] ^ Mr. Aishe was the Recorder. ' Ace. Ch. St. Mich., 1473-4 '• " Et Johi Smythe mason pro emendacione de la Pynyn in novo teno iijd " Conveyance dated 19th April, 1773, from Corporation of Bath to William Pulteney, B^qr.: "bounded ... oil the west side with the poin end of the late free school." " Pignon . . . Mur termini en triangle suivant la pente d'un comble i deux egouts et formant cloture devant les fermes de la charpente. Un bStiment simple se compose de deux murs goutterots et de deux pignons." VioUet-le-Duc, Did. de I'Arch. Fran, du xi"au xvi" slide, vol. vii., page 130. (Paris, 1864,) ,^jtjr^nbix E. xxxv 20 June, 1590. — for carienge of rubbell out of the Abbey to mend the waie by the burwales and the waie betwene southgate and the bridge, xx^. ; paid for Mr. Recorders horsemeate when he sat in comission be- twene Mr. Sachefild and Mr. Perman, vj^. ; paid for a paire of Indentures for the burges of the plament, m]s. ; paid for the pursefantes Fee that brought the write, ii]s. iiij^. ; paid for chardges in the Chauncery at the suite of- Mr. Lloyd against Mr. Sherston, Mr. Sachefild as appeareth by a bill thereof made by theire Atturney, xxvJ5. ; paid Mr. Jacksonn for drawinge an answere of Mr. Sachefild to Lloydes bill of complaint for impri- soninge of him, xiijj. iiij^. ; paid to a pursefant wch brought the pclaraacon for makinge of salt peeter, iijy. iiij^. ; more paid to an other pursefant for brininge the pclamacon against vagarant soldiers, iijj. iiij^. ; paid to Mr. John Walley thelder in full satis- faccon for the bu^es monney, ii]li. 10 Sept., 1593. — [Received] of John Hull for Rundells beinge Free wth thoccupacori of Cordiners, xxs. ; of M'^'^ Walley for the seale of her lease of the platt of grounde by the women's Bathe, \is. viij^. [Payments] paid Deep for work don vpon the lassor bath and Crosse bath, xs. ; paid Gilson for three lockes for the wyckettes of the toune gates . . . xs. ; paid for the pavinge of the Highestreete and for carienge of stones sand and rubbell besides some monney given by the parishe, iiij//. iiij^. viij(/. ; paid more for twoe staples and a haspe for the Cage, ijd ; paid to Raffe Jones for carienge of a Ire to Bridgwater to Mr. Court about a burges, iijj. v]d. ; paid to Robert Hurley deputie to Mr. Harrington esquier, sheriff, for a due out of the great churche as appearith by the acquittance, xiijj. iiijii ; paid Morley, for twoe mattes for the maior his seate in Stalles churche and tile lyme and his workmanshippe one the lassor bathe, ijs. viij^f. ; paid to Mr. Sachefild for the chardges of court wch he disbursed in a suite for CoUebies house, iiijj. ijd. ; paid to Mr. Sherston, v//. and to Mr. Price, iiij/?. for their wages at the plyament. 1594. — [Gyftes and rewardes] paid vnto the Pursevant for a pclamacon for the reiurnment of the terme to St. Albournes, iijV. iiij^. ; paide vnto the Pursevante for a pclamacon for suppressinge of Rogges, iij.;. iiij^. [Paymentes] paid vnto Persons for receivinge Johane Paviers sonne to be his apprentice, xiij.f.- iiijV. ; paid to Bartlett for writtinge a note of tharrerages of the church, vjV. ; paid vnto Mr. Heath for phissicke mynistred vnto a man of Judge Gentes, vjf. viij:/. 10 Oct., 1595. — paid vnto Peeter Lane of Welles for bringinge of a seale out of the exchequer for arrerages due from o' churche, vjs. ; paid to Josias Sargent at Mr. Maio'^ appointm' for the charges of twoo prisoners for xiiij™ dales wch were founde wth a counterfeit licens of my Lord Admiralles, v.f. viij;/. ; paid vnto him [Richard Barra] againe for plasteringe and seelinge and whiteliminge of the yeldhall & the pclamacon house and vnder the North gate and for a leaven hun- dred of Lastes, xxiij^. ; paid to the smith for iron worke about the tablement forthe quenes armes, xvj^. ; paid vnto the ioyner for makinge of Mr. Mayors seate in the yeldhall, xvj^. ; paid to John Tucker for the hyer of twoe horses to carie the prisoners to Cawne wch were suspected for quyninge of monney, vs. ; paid IS— 2 vnto the Lord Bushoppe and the rest of the Justices wch was laid on the Cittie for Light horses for to goe into Ireland, xvs. ; paid vnto Mr. William Chapman for ridinge to Welles iij times con- cninge o"' hospitall land, vij^f. ; paid to Mr. Sachefild for ridinge twise to Welles about the same busines, iijJr. 14 Oct., 1596. — paid for crieinge of Lamas faire, m]d. ; paid for a leaven yeardes of blue clothe for to make the souldiers coates, iij/t xvjf. viid. ; paid more for one duzen and a half of statute lace for the souldiers coates, xviij * Probably these were men sent down to make arrangements for 'the proposed visit of the Queen. See anie, page 48. xxxviii Jpfllj^ ^j^utticipal '^^tvfv'iiit t»f ^afft. M"= Stone, ]s. ; paid vnto Mr. Heath one of the Burgises of this Cyttie for nyne weekes att ijj. a daye for his allowance,- vj//. \]s. ; paid to Mr. Sherstone one other of the Burgises for the Cyttie, vj//. \]s. ; paid vnto Mr. Heath for the booke of Statutes of the last parliam', \]s. iiijrf. ; paid for a newe stafife & for frenge for Mr. Horton's partecon that wiis broken when the Irish rebelJs were heare vnto Thomas Cottrell, viij^. ; paid vnto a pursevant that brought a proclamacon about shipping & piracie, iijj. iiij^. ; paid for the Chardges of the sute aboute the bote bathe by Mr. Mayors appoyntm', \]li. vs. ; paid vnto the Constable when the souldiers went into Ireland for the Cyttie, iij//. vjy. xd. ^PLjrjrettbix F. xxxix APPENDIX F. TRANSCRIPT OF CHAMBERLAIN'S ACCOUNT FOR THE YEAR 1588. Bathe \ The Acconipte of John Walley the younger Chamberlalne of the Cittie. I Cittie of Bathe made in the guild Haull there before John Sachefild maio"' of the said Cittie the Aldermen and Comon Councell of the same beinge assembled there the xviij"' Daie of June in the xxx* yere of the Raigne of o"" Souaigne Lady Quene Elizabeth. Rentes of\ As appeareth by the Rentalles of the said Cham- -(^w/^. J berlaine amounteth yerelie to ... ... ... ... ex//, xixj. Incresede \ Impmis of Davie Thomas for the house over South-\ Rentes. ] gate, vjr. ; of Richard Gaye for A tenement built | over a pcell of ground that he had out of William I Whittinges gardaine, iiijj. ; Of William Hedge for A \ . ... , , pcell of grounde by brookes house, xvj(/. Of Henrie | Chapman Capper for Sainct Michaells Churche, ij^; I Of Mr. John Sachefild for a gardaine in Westgate Street, I \]s. ; for one yere William Furd for A house, v\d. J Casualle \ Impmis Receaued for Candelmas fayer of John , Receiptes. ] Bearde, xij5. vj^. ; Receaued of Thomas Hill and John Harvord for the standinges, v.f.; Receaued the tenth daie of Februarie as by a note appeareth by theire names for sealinge of Leasses Impmis of Fetter Chapman, vjx. \\\]d. ; Of William Moreford, vjs. viij^. ; Also for A fyne of his malt house, y\s. v\\]d. ; Of Mr. George Perman for twoe leasses, xiijj. iiijV. ; Of William Chapman of Barton for twoe leasses, xiijV. iiij^. ; Of Mr. Sachefild beinge maio"' for A lease for him self and John Bearde, xiij^. \\\]d. ; Mr. Lawrence Byam for his lease, vj J. viij(/. ; Of John Clipsons, vjj. viij^. ; for Hawells lease of Killing- cott, \\s. y\\]d. ; Re of Mr. George Perman for his Bathe doore, vj. ; Re of Thomas Whibbyn for his bathe doores, jls. ; Re of Peter Chapman for his Bathe doore, v^. ; Re of John Walley and John Hull for there Bathe doores, ys. ; Re of Robert Jones for his bath doore, ys.; Re of Mr. Colthrust for his bath doore, iiij^; Re of ) xvj/«. xvij.f. v*/. William Coxe for his Bathe doore, ys. ; Re of John Walley J° for the fishinge of the water, ij.f. ; Re of Dandie the butcher for his standinge for three quarters,' \)s. y\d. ; Re of Anthonie Lovell bathe keep for the Kinges bathe, xU. ; Re of John Strangworthy for the lower bathes, xxf. ; Re of Thomas Chilton for his Free- dome, ys. ; Re of Townsen Gregorie Dallamye and George Bearde for yli. of powder at xij the pounde, ys. ; Itm Souldc to the hundred of BathefSr y\\li. of xl W^^ ^unmpal Jli{«cwb» tJf ;©alft. powder at xvd. the pounde, vij^. hd. ; Re of Greene the pewterer for a standinge, njs. iiij^. ; Re more for another standinge, xvjd. ; Re of Roger Lovell for his freedome, iiijj. ; Re of John Stowell for his freedome, iiijj. ; Re of Richard Baker in pte of payment for his fredome, vs. ; Re of James Shicke for his freedome w"' his occupacon, xxs. ; Receaued for the comon, xls. ; Receaued for bur- gess monney for one yere, xxxviij^. y\\)d. ' I Some Totall of all the Receiptes cxxviij/?. xiljj. jV. Oute Rentes. ) Impmis paid to the quenes ma''^ Receavers, xli. and J for Acquittance for the same, m)d. ; Itm paid to them more for the Quarre, v^., for acquittance, iiij^. ; paid Mr. Freake the xiiij* dale of October for lamps & lightes, xlvj^f. v'uid. ; paid for- acquittance, iiij^. ; paid for }■ xiij/«. js. x]d. pcrecons for St Michaells w"" in the gate, xij^. ; paid for acquittance, vdid. for St. Maries, vi]d. ; paid -to the CoUedge of Bristoll, iij.f. mjd. ; paid Mr. Button for a cheif Rent, iiijj. Stipendes. — Impmis paid to Mr. John Sachefild maio"^ for his Fee, ^ nihil ; paid Mr. Aishe Recorder, xIj. ; paid Mr. Robert Chambers for his Fee, xk ; Paid Mr. Doctor Aubry for his fee, xk ; paid Mr. Skott schoolmaster for his Fee, xij//. ; paid y= Chamberlaine his Fee, iiijV?^ ; paid him for ij dynners ij lawe dales, xv)s. ; paid for bell mans coate, \]s. ; paid for bred given in lent to the poore, iiij//. ; paid to Richard Tucker towne sergeant, xk ; paid to Robert Parrowe the Maio" sergeant, xxs. ; paid to the bellman for his Fee, x^. ; paid to the Almes folke of the Madlins, iiijj. ; paid the Almes folke of the Cittie, xk ; paid to Bonney for kepinge the clocke, viij^. ; paid to John Dallamy for keepinge the Northgate, iiijj. ; paid to John Chaunter for keepinge the Westgate, iiij.f. ; paid to Thomas Sley, for keepinge of eastgate, vx]s. ; paid to John Shorte for kepinge of Southgate, m]s ; paid for xj sackes of cole given to the poor against xpmas, vijj. xd.; paid for the clothe for the poore in bynberie lane, iij/«. \]s. v'n]d. ; paid to Norwaie for A yeard & a quarter of redd cloth to gard the Said blacke gownes, iji. vj(/. ; paid for makinge of the tenn blacke gownes, x^. xxxviij& vijj. Defalt rentes. — Inprimis John Bearde, iiiji. and Henrie Chapman, ij^. \]S. Gyftes and \ Impmis To the quenes ma''== plaiers the xiij* of \ Rewardes. ) Julie, xys. beside the gatheringe ; To the L of Sussex plaiers, xs. xd. ; given to Mr. Haman the xv'^ of Aprill a couple of capons, \\\)s. \ given to the L of Warwickes tumblers, vjj. viij^. ; given to Doctor Dale & Mr. Bisse the xxxf'^ of Maye A potte of clarett wyne A potte secke )li. of shuger, vs. \d. ; To the L of Lecesters ) iiijV/. ixs. plaiers, xxs. ; given to S'' George Carrey A gallone of I ^^pp^Viiixx F. xli wyne j//. of shugar, iiijj. iiij^. ; given to the Lady- Russell ij dozens of Chickins ij dozens of pigeons, iiij"' copies of Rabbittes, xvs. lui, ; given to the Lord of Canterburis Comissioner^ one dozen of Chickins one gallon of clarett wyne one pound of shuger, vijj. iij^. . . . Paymentes. — Impmis paid to Hughe Hill and Forte the xxix* daie of Julie for bringinge the water, v\\]d. ; paid for canvas pitch and whippcorde the xxix* of Julie, \]d. ; paid to Forte more for the same worke, vj^. ; paid to Hughe Hill the last of September for fatchinge whome the water, iij^ . \\\^d. ; paid to Mr. Maio' for Peeter Chepman when he went to the Recorder, vJ5. viij^. ; paid to Panter y= Lyme burner for a doble sacke of lyme about the Almes house, xd. ; paid to Forte for his worke about the leade the Fourth of October, vj(/.; paid to Forte the xiiij* of October for vli. of Soulder for his worke and for his man three dales worke, viijj. ; paid to John Sherston for twoe faggottes of wood, vj^. ; paid to the Pavior the xiiij'*' daie of October for sixe yeardes pavinge about the Conditt of St. James, ix^. ; paid to Gill for fatchinge the water the x* daie of November, y\\]d. ; paid to Ireland the xix* daie of November for his worke at the pooremens bath, vs. ; paid for a C of lathes, xij^. ; paid for iij peces of timber, xij^. ; paid to Forte the xxj* of November for mendinge the pipes, xvjV. ; paid Deepe the mason for his worke about Sainct James Conditt, viijj. \xd. ; paid to Gill that daie for him self and his man, vj^. y\d. ; paid more to Gill the xxv* of December, ijj. vjd. ; paid to Thomas Beaker for his worke about the cunditt, v]d. ; paid goodwif Greese of Holwaie for the cariage of twoe loades of stones for coveringe of the Cunditt, ii]s. ; paid to the Pursivant that brought the pclamacon the viij of Janiiarie, iijj. iiij^.>; paid to Forte for one daies worke about the bridge the xij'i^ of Januarie, xijd. ; paid to Panter the lyme burner for A doble sacke of lyme, xd. ; paid to Hughe Hill the xv* daie of Januarie for workinge about the water, mjd. ; paid to Thomas Phillipes for mendinge Jones house one the bridge his worke and for stone, xijV. ; paid more to Thomas Bigge for cariage and for stones the third daie of Januarie, iij^. ; paid to Forte the second of Februarie for mendinge A gutter at the almsehouse, xviij^. ; paid to Thomas PhilUppes for takinge downe the coveringe of the whott bath and for carienge the stones into the hospitall, xij^. ; paid to Kinge and John Thatcher for scowringe the gutter at the whott bath, xxd. ; paid to Hughe Hill the xxix* of March for worke donne about the Cunditt, iijj, iiijj^. ; paid to Fort the third of March for his worke, i]s. vja!. ; paid to Panter the lyme burner for ij doble sackes of lyme the x* of Aprill, xxd. ; paid to Deepe the mason for his worke at the Whott bath, vs. viijd. ; paid to xviij//. xvij^. iid. 14 Hughe Hill for halfe a dales worke about the pipe, iiij;/. ; paid to Ireland the fourth of Male for tilinge the portch of the Whott bath, vj.viij^. ; paid to Forte the vij"" of Male for the worke about the pipes, ijs. \]d. ; paid to Irelandes sonne for tilinge of the house that was Nicholas Smiths, \']s. ; paid to Forte for mendinge of iiij" Chemneis of the Almsefolke beinge blake gownes, i]s. vn]d. ; paid Mr. John Chapman for Mr. Recorder horse meate for that yere, xxijs. ; paid to one that brought a Ire from Mr. Atturney about Mr. Recorder, xij^ ; paid to the Shiriffes men for a distress for the greate church, xk ; paid to John Macie for carienge A Ire to aunswer Mr. Atturney, iijj. vj//. ; paid Fortt for setting a bundle at Prices doore, -xvd. ; paid to Hughe Hill and to Fortt for mendinge A leake one the bridge, u]s. i]d. ; paid to Johane George for kepinge of Agnes Hutchinges childe and for his charges, \is. viij^. ; paid to Peter Chepman for carriadge of a Ire to Mr. Atturney and by his charge, vj.f. viij(/. ; paid to Thomas Gregorie for carringe of a Ire to Mr. Aishe, xij^. ; paid to the Pursivant for the bookes of the subsidee, iijj. iiijd. ; paid to John Sherston for v faggottes of wood to mend the lead, yi\d. ; paid Drake for clensinge the towne wales betwene the Westgate and the town, ijj. vjd. ; paid Anthonie Cavell for his chardges and for carienge the subsedie bookes to the L Bishoppe and to S' John Horner iiijj. ; paid to Mr. Chambers for retorninge the bandes intp the excheker for the tenthes, xij(/. ; paid the Plumers for mendinge the pipe in Bitchinge cliffe and in Gibbes backeside, vj^. viiij^. ; paid Mr. Bewshon for the Bushoppe of Canterburies pcreacons for litle Sainct Michaell, \]s. viij//. ; paid Wydowe Chepman for Mr. Recorders horsmeate when he came to be o"" recorder, x.f. iiiji/. ; to Richard Tucker the xijth of March half-a-pound of shuger xd. more in Redd wax, ij^. ; To Goodman Ireland, iij C of lath nailes and boord nailes \']d. ob more j C of bushell nailes to Ireland & borde nailes ij^. ob. ; more to Ireland the fourth of Apprill half-a-thousand of Lathe nailes and half a hundred of stone nailes, xj(/. ; to William Arton the xijth of Apprill one dozen of pointes and pap, iijrf. ; deliued too old Humffrey at Mr. Maiors appointment, xij^., for a quier of paper iiiji/. ; paid to Mr. John Chep- man for charges and money laid out for Mr. Longes pluralityes, \]li. ; paid to Willm Cox and Owen Griffithes to make vp their payment for the queues silver, xxs. ixd. ; paid to the pmoters for hattes & cappes, xs, J Laide Out for the muster as foUoweth Impmis paid " to Richard Graie for his worcke done to the chamber as appeareth by his bill, xvjs. vjd. ; paid to John Sherston for a barren of beare of xviij gallons and a duzen of ale wch was caried vnto the meadowe amongest the soul- diers, vi\s. vjd. ; Im paid for mendinge of five arrowe ^PtpjtttttMje F. xliii 'vij//, i]V. v']d casses, xd. ; more for a bushell of Charcole, iiijV. ; for makinge of a bowe, ij(/. ; for a shuttinge glove, iiij^. ; for viij poutcheSjijj. viij//. ; Itm more for three newe poutches, xviiji/. ; Itm for tucheboxes and" mendinge the droome, xxd ; for a scouringe sticlce, j^. ; for ij skins for the droome heade, iiij^. iiijV. ; for a stock for a goun, ijj. iiij^. ; for a toutchboxe, iiij^. ; for a pouche, vjd. ; for one pound of wooll to stuffe the heade peaces, iiiji/. ; Itm paid for vj hanginges for the souldiers swordes, v^. ; paid to John Sherston for five horses that brought the mouster m out of Bath the viij"^ of March, vj^. \\]d. ; Deliued to William Dallamy to paie the traine souldiers the fourth of Aprill viij^. apece wch came to xiiijj. ; paid for viij sword girdells xij hanginges and vj buckells bought xiij* dale of Aprill for the souldiers, xjj. ; Deliued to William Dallamy the last of May for the souldiers, xj. ; at Mr. Maiors appointment paid to John Broade for a coveringe for the droome, xiij//. ; paid for arminge of twoe pikes, ijj. ; for stuffinge of the murrens, ij^. ; Deliued the vj* of Februarie to Richard Tucker and Markes fowre els and a quarter of canvas at xiiij(/. the ell for twoe coates for the souldiers, iiij^f. xj^. ob. ; for ij/?. of packthreed, vij^f. a //,, xiiij^. ; for twoe ownces of oxe silke at viij