CSI Ktljaca, SJem fork BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND THE GIFT OF HENRY W. SAGE 1891 The date shows when this volume was taken. To renew this book copy the call No. and give to the hln-airian. HOME USE RULES All Books subject to Recall All boiTowers must regis- ter in the library to borrow books for home use. All books must be re- turned at end of college year for inspection and repairs. Limited books must be re- turned within the four week limit and not renewed. Students must return all books before leaving town. Officers should arrange for the return of books wanted during their absence from town. ^Volumes of periodicals and of pamphlets are held in the library as much as possible. For special pur- poses they are given out for a limited time. Borrowers should not use their library privileges for the benefit of other persons. Books of special value and gift books, when the giver wishes it, are not allowed to circulate. Readers are asked to le- poxt all cases of bo(^ marked or mutilated. ^ Do not deface books by marks and writing. CorneM University Library DA 690,C51Y5 1884 3 1924 028 079 790 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/cu31924028079790 RECORDS OF THE Borou^l? of Q}cskx\klb: A SERIES OF EXTRACTS FROM THE ARCHIVES OF THE CORPORATION OF CHESTERFIELD, And of other Repositories ; COLLECTED BY PYM YEATMAN, ESQ., Of Lincoln's Inn, Barrister at Law. ^nblisl^cit ttttJiEr tire aatlioritf of jWr. ^Itrermatt (See, ^Bjor of Ctresierfielir. Chesterfield: WilfRED EDMUNDS. Sheffield: MESSRS. LEADER AND SONS, 1884. k^^t(\^'i SHEFFIELD : LEADER AND SONS, PRINTERS, BANK STREET. PREFACE. As I have long taken an interest in everything that relates to the Borough -of Chesterfield, it appeared to me that if the Charters belonging to the Corporation were published, the Burgesses would then see how their Corporate rights have from time to^. time been acquired, and how their predecessors have staunchly endeavoured to uphold the same. I have fortunately been able to obtain some of the most important Charters relating to the Borough which had not been in the possession of the Corporation for a considerable number of years, and these I have restored to the Town Clerk, who is by Statute the keeper of the Corporate Records, subject to the diredtion of the Council. In the volume now before you much information will be found relating to the early history of the town, which T believe has never before been published. I consider myself fortunate in having secured the services of- that eminent antiquary, Mr. Pym Yeatman, who has carefully gone through the Charters and trans- lated the same. Geo. Edwd. Gee, Mayor. Chesterfield, i2th July, 1884. INTRODUCTION. T^HE Letters Patent, under the Great Seal oi the Crown of ■ England, here printed, give a complete history of the Charter rights of the Borough of Chesterfield, but it must be noted that this class of rights forms the least important portion of the privileges of the Town, since the most valuable depend upon the Law of Pre- scription ; this is expressly recited in the third Charter of Queen Elizabeth, page 70, and, indeed, these prescriptive rights are directly preserved in all the three Charters of King John, printed at pages 2, 21, and 25, where he uses the same words, excepting from the power of the Lords William and Richard Brewer, all those who had liberties in the Borough, " illi qui prius ibi libertates habuerunt," and all succeeding Kings, with Queen Elizabeth herself, expressly confirm all the rights and liberties (of course including this exemp- tion) granted by King John. What the prescriptive rights were may be learnt from two Charters, or rather Certificates, printed at pages 47 and 71, those of King Edward IV. and Queen Elizabeth, which prove that the prescriptive rights of Chesterfield are those of a Borough of the ancient demesne of the Crown of England. It is to be noted that King Edward IV. is the only King who had granted a Charter to the Borough of Chesterfield from the time of King Henry III. to that of King Henry VII., a period of more than 250 years, and the Certificate and Charter of Confirmation of Queen Elizabeth are both sealed the same day, prov- ing how highly the Burgesses of Chesterfield valued their prescriptive privileges, and, perhaps, also they are indicative of the slight value they placed -upon the Royal Charters, vi. Introduction. Mr. John Cutts, the Town Clerk of Chesterfield, has given every possible facility, within the limits of safety, to inspedl and examine the Records still remaining in his charge. As Town Clerk, Mr. Cutts himself in the year 1857, shortly after his appointment, took the wise precaution of causing to be printed a list of "all charters, deeds, books, books of account, and all documents and effects belong- ing to the Corporation of Chesterfield" at that date, an abstra(5l of which will be found printed in this book. Every one of these charters and documents are now in his custody and possession. All those — the great majority of them — which appeared to be of value either to the Corporation and Burgesses, or of interest to historical students, will be found here printed. That this list is far, very far, short of what the Corporation possessed about a hundred years ago is evident from the list here- after printed, entitled "A Schedule of Papers in the Corporation chest, 1789," which, through the kindness of Mr. G. S. Cockayne, Lancaster Herald, was found amongst the late Dr. Pegge's papers, now deposited in the Heralds' College. This list is printed, not only to supply all the evidence at present -available of the contents of the lost charters, but in the hope that if they should by any means be discovered they should be restored to the Borough. Considering the high reputation of Dr. Pegge as a careful and skilful genealogist, the town of Chesterfield is fortunate in possessing such good secondary evidence of the contents of the lost charters, and although the notices are but too frequently only scant and frag- mentary, still, they incidentally convey information of the highest value and interest, which is not now to be obtained from any other source. This list also furnishes evidence of a great loss of especial significance. From a note of Dr. Pegge's to No. 45, "The old transcript of King John's Charter to Wm. Brewer, Ac. 17," it appears that at that period the Black Book of Chesterfield was in existence, for a comparison of the transcript with the copy entered in the Black Book is made, and it is declared to be " fuller." Few Cor- Introduction. vii, porations are so fortunate as to have possession of these Black or Red Books, as they were sometimes called, and it is remarkable to find that the Chesterfield book was existing within so short a period, and, indeed, it affords a hope that it yet may be discovered and restored. The great Red Book of the town of Nottingham existed till the year 1724, when a calamitous fire occured in the Town Clerk's office and consumed it with many other precious Records. Fortunately, however, valuable abstracts had been made by several of the Town Clerks, and it is from these sources that the town of Chesterfield depends for much of the evidence of the earlier Charters and customs affecting it ; in this respect Chesterfield has a great advantage, since it now possesses a perfect and remarkable series of Original Royal Charters. No abstract or account of the Chesterfield Black Book could be found amongst Dr. Pegge's papers, or the very valuable collection of the late Mr. Swift, but from the note before mentioned by Dr. Pegge it is evident that it contained information of the highest value ; possibly an abstract by him or by some other antiquary may be existing elsewhere, and if it should be discovered it is hoped that a copy may be communicated to the Borough. This book would, no doubt, contain many Charters, the originals of which are now lost, including, perhaps, the Charter of William Brewer, the elder, which is referred to in subsequent documents, and possibly it would con- tain the only existing evidence of their contents ; many facts of interest relating to the laws and customs of the Borough, which, owing to the fatft that it had no Court of Record, are now forgotten, might he obtained from this book. This loss, however, can in some measure be supplied by the aid of " The Nottingham Records," recently published. Nottingham having had a Court of Record at least as early as 1303, and probably much earlier, has preserved in a durable form a great corpus of Miini- cipal law of great value and interest. This directly concerns the viii. Introduction. town of Chesterfield, because by a singular circumstance we are with- out any information in the Royal Charters of what nature were the Chesterfield customs, each and all of them referring to the Nottingham customs and declaring them to be similar. This omis- sion- is, however, in a great measure supplied by the curious series of Charters hereafter printed, commencing with Wake's Charter and followed by Gryssop's composition, and that of the date of Queen Elizabeth, terminating with the award of the Earl of Shrewsbury, which specify many of the customs. It is, however, very curious that so little is expressed in the Royal Charters since the county in which Chesterfield is situated is not Nottingham, although at the time of the Conquest, and for long after, both Nottingham and Derby were under the control of the same Earl (Tofti), and the same Sheriff (Hugh fil_ Baldric, a member of the great family of Toesni, or Todini, whose connections, the Albinis, held feudal sway over the neighbouring counties of Lincoln, Leicester, and Rutland). Wake's Charter, however, whilst it recites several special customs, but only some of those affecting the Borough, like the Royal Charters expressly includes the Nottingham customs. It is said by Glover that the Manor of Chesterfield had a Court of Record for acftions under ;^2o, but no trace of its records can be discovered, and certainly no Courts are now held, nor does the Public Record Office contain any Court Rolls of the Manor whilst it was in the hands of the Crown, with one exception, of the 2nd and 3rd Philip and Mary, when a great Court of the King and Queen was held there (Portfolio No. 6., No. 63); it is, however, very meagre in detail, and does not disclose the form of the business — it only con- tains 6 entries— Sir James Foljambe was fined four shillings for default of doing the service that he owed, that is for absenting himself from the Court. Ralf Leake and John Rhodes were fined the same amount, and John Bullock was fined twopence, whilst Thomas Gyles and Edward .Bannall were each fined sixpence with Introduction. ix respect to a dealing with a moiety of a messuage, toft, &c., in Bagthorpe. It has been doubted whether the Chesterfield of Domesday was the Chesterfield of to-day, and whether the latter was not excluded from Domesday. It seems incredible that it could have been really described as a hamlet of Newbold — a place never probably of any Consequence. The history of the two places, their geographical position, and the undoubted fact that Chesterfield was the Roman city, the capital of this district, the great emporium of the metal merchants for centuries previously, whilst Newbold had nothing whatever to commend it — lying as it does in a comparatively sub- ordinate position — has naturally raised doubts in the minds of those who have interested themselves upon this question, but a little reflection must satisfy the enquirer that_ Chesterfield, as described amongst the King's demesnes, was that place which had superiority over the district in the time of the Romans, and ever since the memory of man. Newbold, though an inferior place in many respects, may have been the centre of a large population outside the camp (castra), where possibly it was not permitted to erect houses for the poorer sort, or perhaps any dwell- ings, in the time of the pre- Roman Britons, and the Bailiff of the district may have resided there. At the time of the Domesday Survey the history ,of the place would have small attractions for him — doubtless a Norman — and for his own convenience he may have classified the district in the manner in which we find it in Domesday, but it is far more probable that it is so described because the older Domesdays described it in the same manner; and it is singularly corroborative of this idea that in after days, down even so late as the reign of Queen Elizabeth, when Newbold, if it ever had any importance in the district had lost it entirely, that the order in which they are mentioned (curiously omitting Newbold altogether) is precisely that of the order of Domesday — Wittinton, Brimington, Tapton, Chesterfield, Buttorp, and Echintune ; nay, the X. Introduction. very spelling of the names, which by that time had considerably varied, is copied from Domesday, shewing that the writ is copied from the Book of Domesday itself. We learn the true meaning of these charters from Fitzherbert (p. 221 Natura Brevium). He states : " Tenants in ancient demesne, by the custom of the realm, ought to be quit of toll, &c., in every market, fair, town, or city throughout the realm, and upon that every one of them may sue to have letters patent under the King's seal to all the King's officers, and to mayors, bailiffs, &c." This writ is granted when the citizens or burgesses of any city or borough have been quit of toll throughout the realm by grants of the King's progenitors, or by prescription. Where charters are the source of the exemption they are set out in the writs. The letters granted to Chesterfield mention no grant, and therefore show that the right was by prescrip- tion. The separate certificates relating to Chesterfield, coming as they do at periods when and after changes had been made in the exact tenure of the Manor, are of the greatest value in proof of the preservation of the rights of the tenants of this Manor, which otherwise possibly might have been in dispute in consequence of the various Royal charters which appear to afi'ect them, but it may be taken positively that notwithstanding the very curious and interesting series of Royal charters afFecfling the borough, it was never intended by the Crown, even if it had the power to do so, and consequently it may be affirmed that the Crown never did, disturb these ancient rights, and that they exist intadt to this day. It may be asked, of what use is it that it should be proved that Chesterfield is a place of ancient demesne of the Crown? and if it is so proved, do any privileges worth possession now remain? Certainly it is of great value to prove it, and certainly, if so proved, all the privileges still remain ; it matters not that they have been lost or encroached upon, for there is an old maxim of the law applicable, " Null us tempus occurrit Regi," there is no statute of limitations against the Crown. The Crown can at any moment Introduction. xi. resume its rights which for any length of time have been lost or laid aside or unused, and as a corollary the tenants of the Crown can at any time reclaim their rights, because they are a privilege of the Crown itself, and any tenant of ancient demesne of the Crown can even now avail himself of these ancient privileges, he can refuse to serve on juries at Assizes or Sessions, or to pay County rates for certain purposes, as road making, bridge making, and so forth, which in old days were called the "Trinoda necessitas." Fitzherbert has preserved the ancient forms of writs for preserving and claiming these privileges, and modern legislation ' has not destroyed but only changed them ; it is open at the present day for any Burgess to assert his individual claims, and, apparently, any Burgess on his own behalf or for the Corporation might apply for similar letters patent, to those granted by Edward IV. and Queen Elizabeth declaratory of their rights and privileges. The Charters of Queen Elizabeth (the 3rd of her reign) and King Charles II. are printed from the excellent translation made for Mr. Ford's " History of Chesterfield." It was thought unnecessary to print the original Latin of these lengthy documents. Thanks are due to His Grace the Duke of Devonshire and to Mr. F. J. S. Foljambe, of Osberton, Notts., for very kindly giving access to their invaluable collections of ancient Muniments, some of which throw an important light upon the History of the Borough ; also to Mr. Benjamin Bagshawe, Mr. J. D. Leader, F.R.S., Mr. Sidney O. Addy, to the Rev. J. F. Fowler, and to Mr. Sam Geo. Johnson, the Town Clerk of Nottingham, for their aid in determin- ing difficult points in the construction and elucidation of these documents, PYM YEATMAN. Springfield House, . . Sheffield, i6tk July, 1884. TABLE OF CONTENTS. PAGE Introduction '• I.— Charter of King • * * to William Brewer - - . - i II.— Charter of King Henry II. to the Burgesses of Nottingham - - 7 III._Charter of John Earl of Mortain to the Burgesses of Nottingham - 9 IV.— Charter of King John to the Burgesses of Nottingham . - - 13 v.— Charter of King John to the Burgesses of Derby - - - - 17 VI. — Charter of King John to Richard, son of William Brewer - - zi VII.— Charter of King John to Wm. Brewer, the younger - - - 24 VIII. — Concord between Wm. Brewer the younger, and the Burgesses of Chesterfield 28 IX.— Charter of King Henry III. to the Borough of Chesterfield - - 31 X.— Charter of John Lord Wake to the Borough of Chesterfield - - 33 XI.— Charter of King Edward IV. to the Borough of Chesterfield - - 44 XII.— Certificate of King Edward IV. that Chesterfield was a Borough of Ancient Demesne of the Crown 47 XIII.— Charter of King Henry VII. to the Borough of Chesterfield - - 50 XIV.— Charter of King Henry VIII. to the Borough of Chesterfield- - 54 XV.— Charter of King Edward VI. to the Borough of Chesterfield - - 58 XVI. — ist Charter of Queen Elizabeth to the Borough of Chesterfield - 64 XVII.— 2jid Charter of Queen Elizabeth — Certificate that Chesterfield was a Borough of Ancient Demesne of the Crown - - - 71 XVIII.— 3rd Charter of Queen Elizabeth to the Borough of Chesterfield - 73 XIX.— Charter of King Charles II. to the Borough of Chesterfield - - 93 XX. — Gryssop's Composition respecting the Customs of Chesterfield - 102 XXI.— The Composition of the 6th Oct., 8th Elizabeth respecting the Customs of Chesterfield 105 XXII.— The 4th Charter of Queen Elizabeth inspecting the Compositions- 113 XXIII. — The Composition with the Earl of Shrewsbury of the 4th January, loth Elizabeth 113 Contents.- xiil., PAGE XXIIIa.— 25 Nov., Henry VI. Pardon under the Great Seal to the Guild of the Holy Cross 117 XXIV.— 3 Hy. IV. Lease of the Manor of Chesterfield from Joan, Countess of Kent - - - - - - - --118 XXV.— Wm, II. The King's Charter to St. Mary's, Lincoln, respecting the Church of Chesterfield- - - - - - - - 123 XXVI.— s. d. Charter of Wm. fil Ranulf of Chesterfield to Robert fil Edward de Chesterfield - - - - - - - - 123 XXVII.— Charter of Robert fil Susannah de Rousely to Walter Clark of Chesterfield -- - - - 123 XXVIII.— Charter of Robert de Peck, of Chesterfield, to Peter fil Hugh, of Brimington 124 XXIX. — Charter of John Fitz Isaac, of Chesterfield, to Beauchief Abbey - 124 XXX. — Charter of Alan fil Gunild, of Chesterfield, to Beauchief Abbey - 124 XXXI.— Will of William Fitz Norman, of Taddington 124 XXXII. — Commemoration at Beauchief Abbey of Chesterfield worthies - 124 XXXIII. — Charter of Wm. Briges, of Chesterfield, to Beauchief Abbey - - 124 XXXrv. — Charter of Peter del Hirst, and Maud, his .wife, to Beauchief Abbey - -- - - - -- - - - 124 XXXV. — Charter of Richard Bonus, of Chesterfield, to Beauchief Abbey - 123 XXXVI. — Charter of Robert Wiggley to Sir John Ryggeway, of Chesterfield- 123 XXXVII,— Charter of Hugo fil Hugo, of Dochmanton, to John Bond, of Chesterfield - - - -- -- - -- 125 XXXVIII.— Charter of Hugo Brito, of Walton, to the Dean of Lincoln - - 125 XXXIX.— Charter of Henry fil Roger Bate, of Newbold, to Roger fil Henry de Newbold - -- -.- 125 XL.— Charter of Robert Hayston, of Chesterfield, to Richard fil Bond, of Chesterfield - - - - - lij XLI. — Charter of Ralf Brito del Hertwyc to Jocelyn de Haremere - - 123 XLII. — 23 Hy. III. Gljiarter of Sarra, widow of Ralf, the Clerk, to Adam Venell, of Chesterfield - - - 126 XLIII. — s. d. Charter of John de Sutton, of Nottingham, and Matilda Bond to Richard de Aston r - 126 XLIV.— s. d. Charter of Peter Tindlor, of Chesterfield, to Peter fil Hugh de Dockmanton - - - - - - - - - - 126 XLV.-^s. d. Charter of John Arcwryt, of Chesterfield, to the Guild of the Blessed Mary of Chesterfield 127 XLVI.— s. d. Charter of John fil John Bond de Chesterfield to Margerie, his sister ......••-'- i2f xiv. Contents. . PACE XLVII.— 21 Ed. I. Charter of John de Calale to Roger de Mannesdeld - 127 XLVIII.— s. d. Charter of Adam fil Hugo de Lincoln - - - - - 127 XLIX.— s. d. Charter of Hugh fil Hugh de Dockmanton to John Bond, of Chesterfield 127 L. — 26 Ed. I. Charter of Emma, widow of Adam de Beat, of Chester- field, to Stephen, her brother - - - - - - -127 LI.— 30 Ed. I. Charter of William fil William Pistor, of Chesterfield, to Roger fil Galfred de Walton - . - - - - 127 LII. — II Ed. II. Charter of Roger de Mablethorpe to Gilbert, his brother 128 LIIL— 14 Ed. II. Charter of Isabella, fil John fil Roger fil Hore, to John fil Ranulf fil Reginald de Holywelgate 128 LIV.— 16 Ed. II. Charter of John fil William fil Edde de Chesterfield to Richard le Archer 128 LV.— 16 Ed. II. Charter of John fil Richard Bond, of Chesterfield, to Roger de Mannesfield -- 128 LVI.— 14 Ed. III. Charter of Richard Albeyne, of Chesterfield - - 128 LVII. — 15 Ed. III. Charter of Nicolas Fox to Adam Horn - . - 128 LVIII.— 18 Ed. III. Charter of William Hyas, of Chesterfield, to John fil Roger fil Ranulf de Halywell ---.... 129 LIX. — 20 Ed. III. Charter of Richard Foljambe to Henry de Hampton, of Chesterfield -.-- 129 LX. — 34 Ed. III. Charter of John de Wytington to William Aleyn, of Chesterfield - 129 LXI.— 46 Ed. III. Charter of John Bond .-.--- 129 LXII.— 46 Ed. III. The King's Charter to Richard de Chesterfield - - 129 LXIIa. — 49 Ed. III. Charter of John Foljambe to William Hackholder .- 130 LXIII.— 4 Ric. III. The King's Charter to Richard de Chesterfield - - 130 LXIV.— 16 Ric. II. The King's Charter to William de Horbur>- - - 130 LXV. — 14 Rich. II. Charter of William del Lowe to Roger del Hardwyk and Johanna, his wife 131 LXVI.— 17 Ric. II. Charter of Thomas de Nevil to John de Mannesfield de Chesterfield 131 LXVII.— 19 Rich. II. Charter of John fil John de Horsley to John Rankell 131 LXVIII.— 10 Apl., 1481. Charter of William de Calale, of Normanton, to John de Barley 131 LXIX.— Hy. VI. Charter of Henry Gothe to Richard Cook de Chesterfield 131 LXX.— 23 Hy. VI. Charter of Ralf, Lord Cromwel, and others, to John Wilson J J Contents. xv. PAGE LXXI. — 31 Hy. V. Charter of Thomas, son of John Foljambe, to Henry, his brother -- 132 LXXII.— 3 Ed. IV. Charter of William fil John Shaw to Richard Asche - 132 LXXIII.— 16 Ed IV. Charter of John Hethcote, of Chesterfield, to William Whithel 132 LXXIV.— Hy. VII. Receipt Robert Barley to Henry Foljambe - - - 132 LXXV.— 6 Hy. VII. Charter of John Asche de Chesterfield to Henry Foljambe - 132 LXXVI.— 19 Hy. VII. Charter of Thomas Hervey, of Chesterfield, to Gilbert Foljambe 132 LXXVII.— 3 Hy. IV. Charter of Alice, widow of Ralf Papplewick to William Frenyngham - - - 133 LXXVIII.— 32 Hy.VIII. TheKing'sChartertotheGuildof the Blessed Mary 133 LXXIX.^23 Sept., 1562. Power of Attorney from George, Earl of Shrews- bury 135 LXXX, — I Aug., 1621. Faculty for Seats in the Church for the Mayor and Aldermen and their wives - 136 LXXXI.— 3 Nov., 1658. Lease of the Town Hall from Lord Mansfield (Commonwealth) - - -i37 LXXXII. — 14 Chas. II. Expulsion of the Mayor and Aldermen (Restoration) 138 LXXXIII. — 3 May, 1675. Licence from the Duke of Newcastle to build a Market House - 137 Dr. Pegge's List of Corporation Records, 1789 - - - - 139 Mr. Cutts' List of Corporation Records, 1857 .... i^g List of Mayors, Bailiffs, Aldermen, &c. - - -_ - - - 148 List of Town Clerks .--...... 154 Burgess Roll, No. i 154 Burgess Roll, No. 2 i57 1 Ed. III. List of Inhabitants Assessed to the Subsidy - - 159 43 Eliz. List of Inhabitants Assessed to the Subsidy - - - 159 2 Hy. IV. to 2 Hy. V. Hundred Roll of Scarsdale of this date - 160 Papers relating to the Appointments to the office of Town Clerk - 163 3^opal Ci)arttrs 6rantetr to tije iLortsi of tf)t ilanor ot ClbesiUrfielli antr to tfte Btirgtssfesf of tljt same 3Sorougl^* I. — Charter of King * * * to William Brewer, CONFIRMING THE GrANT OF THE BoROUGH OF CHES- TERFIELD, WITH OTHER MANORS, &C., AT FEE FARM. E Rot. Cart. Antiq., (A. A. 20) now deposited at the Public Record Oifice. N.B. — The outside edge of this roll has been damaged, and the name of the Grantor is gone, as well as the beginning of each line. These parts are indicated by brackets [ ] There is a transcript of this roll in the Record Office, written by Mr. Edward Bond, some thirty years since, shewing that this damage is of old date. For presumed date of this Record see Preface. [* * * ] Di gra Rex Angl, &c., Sciatis nos dedisse cocensisse t psenti Carta nra cofirmasse Willo Briwerr t hedibus suis maniu nrm de Cestrefeld in Derbysyr cu Briweton t Witenton t soca t toto wapeltac de Scarvedel [ ] cu omibus integritatibus' t pertinenciis suis tened ad feodi firma ei et heredibus suis de nobis et heredibus nrs reddedo annuati de predico Cestrefeld t Brumint t Witenton t soca — sexaginta t nove libr nuo t de pdicto 1 " Integritatibus " — It is difficult to give this word a correct raeaning. Ducange gives a user of the word, Carta Caroli C Regis Francie ann 84s in Tabulario sc Mauri ad Ligerim " Has denique res cum omni integritate, id est, cum colonis et ser- vis ibi commanentibus cum domibus et suprapositis cum terris cultis et incultis." None of these meanings would suit a mercantile town where all men were free at this date, and where there were no fields to cultivate, the generic term "members" is therefore given. wapentac [ ] de Scarnedale dece libr nuo ad Scaccr nra Westm. p manu suo vel hered suor sciliz medietate ad scarr pasc et mediatate ad scarr Sci Michael Volum etia q pdcum Maniu de Cestrefeld cu oibus pertinenciis suis [ ] hat easde libtates et libas consuetudines qus burgus nra de Nottingha ht i oibus locis t oibus rebs ita tarn qd Burgi nris Notingh t Derbi libtates suas qs hnt t hre debent no amittnt Volum t qd eade [ ] Chestrefeld sit liber burgs ita tarn qd nuUus burgens vel mercator in ea vel int pdic M^apentac vel in socca hat libtates t libas con- suetudines ni p ipsu Will Briwerr vel p heredes suis [ ] ni illi qui priq ibi libertates habuerunt Concedimus t eide Willo Briwerr t hedibus suis [ ] q hant apud Cestrefeld una feria singlis annis i exaltacoe Sci Crucis p octo dies duratim et ptrea unu mercatu ibidem sin- gulis sept p duos dies scil die Martis et die Sabbati cu omnibus libertatibus t librs consuetudinibs ad feria et mercatu pertinentibus et qd Theloneu capiatr in prdict feria t mercato ab oibus illi qui libtates no habuerit t dedimus t concessimus eid Willo t heredibus suis maniu nrm de Snodington in Notinghaschyre t maniu nrm de Axeminster in Devon cu oibus itegrtatibus t ptinenciis eor excepto hundr de Axeminstr Tenenda ad feodi firma ei et hdibus suis de nob t hedibus nris redd annuati de Snod- ington octo libr nuo t [ ] Axemenistr xxx t quatuor lib nuo ad predict Scaccr p manu suo vel heredu suor ad pdict trminos et qd hant ap Axemenistr unu mercatu sing sept die donica sic ibi ee consuevit t pteria piscaria nram de Kingeswere in Sumsat cu oibus ptinenciis suis tenend ad feodi firma ei t hedibus suis de nobis t hedibus nris redd in annuati xx sol nuo ad pdict Scaccr p manu suu vel heredu suoru ad pdicos trminos ita qd pdict Wills Briwerr t heredes sui post eu hat t teneat prdic maniu de Cestrefeld cu Brumint t Witenton t soca t toto wapeltac de Scarvedal cu oibus ptinenciis suis t pdm maniu de Snodington cu oibus ptinenciis suis t pdm maniu de Axemenistr cu oibus ptinenciis suis exceptis hundredo de Axemenistre t pdcam [ ] piscaria de Kingeswere ad feod firma reddo ind annuati cetu t duo- deci libr nuo ad scaccr nrm Westm p manu suo vel hered suor pdicis trminos sic pdictu est ptra Dedimus t con- cessimus eide Willo Briwerr reditu Pet de Sandiacre qd nob debuit de terr quam ht de nob i excambiu p terr de Horseleg Quare Volumus t firmit pcipimus qd pdic Wills Briwerr t heredes sui post eu hant t teneant cu oibus libertatibus t itegrtatibus t oibus ptinenciis suis ad feodi firma p pdicam firma t p servitiu p ] feodi uni milit p oi servitis t omi demanda adeo ben t i pace libe t quiete honorifice sic nos vel ancessoris nri ilia unqm meli liberi et integri habuimus solita et quieta de Syris t hundr t wapentac t sectis eor t de oibus placitis querelis [exatio- nibus exceptis hiis] q ad Corona nra ptinet T Dno J Norwic Datu p manu Hug de Well Archied Welles apud Clarendon vicesimo septimo die Septemr anno regni nri Sexto. (Translation of the above.) [ * * * ] by the Grace of God — King of England, &c. Know ye that we have given, granted, and by this our present charter have confirmed to William Brewer and his heirs our Manor of Chesterfield, in Derbyshire, with Briweton and Witenton, and the soke and whole wapentake of Scarsdale [ ] with all its members and appurtenances to hold at fee farm to him and to his heirs of us and of our heirs, paying annually for the said Chesterfield and Brumenton, and 1 It will be seen by reference to the Charter granted to Richard, son of this William Brewer, that the service was only of "two parts" of a Knight's fee, but his grant only included part of the premises, the subject of this grant, 4 Witenton and Soke, 69 pounds of money, and for the said wapentake [ ] of Scarsdale, ;^io of money into our exchequer of Westminster by his own hand or by the hands of his heirs, that is to say half at the term of Easter and half at the term of St. Michael; we will also that the said Manor of Chesterfield, with all its appurtenances [ ] shall have the same liberties and free customs which our boroughs of Nottingham possess in all places and in all things, so nevertheless that our boroughs of Nottingham and Derby shall not lose the liberties which they possess and should have ; and we will that the said Chesterfield shall be a free Borough, so that no Burgess or Merchant within it, or within the said wapentake or in the soke, shall have liberties and free customs unless by him the said William Brewer or thro' his heirs, except those who before this time there had liberties.^ We grant also that the same William Brewer and his heirs shall have a fair at Chesterfield in each year, at the exaltation of the Holy Cross, for eight days' duration, and besides a market there of two days in each week, that is to say on Tuesday and Saturday, with all the liberties and free customs pertaining to fairs and markets, and that Toll shall be taken in the said fair and markets from all those who do not possess privileges of exemption. Besides we have given and granted to the same William Brewer and his heirs our Manor of Snodington, in Nottinghamshire, and our Manor of Axminster, in Devonshire, with all its mem- bers and appurtenances, except the hundred of Axmin- ster, to hold to fee farm to him and to his heirs of us and of our heirs, paying annually for Snodington ;^8 of money, and for Axminster £2,^ of money into 1 The words printed in italics are omitted from all the Charters of Confirmation after that which King John granted to Wm. Brewer, the younger, but Henry III. especially preserves the liberties granted by King John. our said exchequer by his hands or by the hands of his heirs at the said terms, and that he shall have at Axminster one market each week, upon Sunday, as they are there accustomed, and besides, our fishery of Kingswere, in Somersetshire, with all its appurtenances, to hold to fee farm to him and to his heirs of us and of our heirs, paying annually for it twenty shillings of money to our said exchequer by his hands or by the hands of his heirs at the said terms, so that the said William Brewer and his heirs after him shall have and hold the said Manor of Chesterfield, with Brumenton and Witenton, and the soke and the whole wapentake of Scarsdale, with all its appurtenances, and the said Manor of Snodington with all its appurtenances, and the said Manor of Axmin- ster with all its appurtenances, except the hundred of Axminster and the said Fishery of Kingswere, to fee farm, paying annually 112 pounds' of money into our ex- chequer at Westminster, by his hands or by the hands of his heirs at the said terms as is aforesaid. Besides we have given and granted to the same William Brewer the rent of Peter of Sandiacre, which he owes to us for the land which he holds of us in exchange for the land of Horsley. Wherefore we will and especially command that the said William Brewer and his heirs after him shall have and hold, with all liberties and members and all appurtenances, to fee farm for the said farm and by the service of [ ] one Knight's fee for all services and all demands, and that well and peacefully, freely and quietly and honourably as we or our ancestors ever better more freely completely held them free and quit of shires 1 The correct computation counting Kingswere fishery at one pound is £122, Glover in his history of Derbyshire, Vol, II., pt. i, p. 298 states that the payment for Axminster was £2^, and for Kingswere /20. The probability is that his copy was correct as to Axminster but wrong as to Kingswere, Glover gives the date of the Charter as 1204. and hundreds and wapentakes, and of their suits and of all pleas, complaints [exactions, except those] which to our crown belong. As Witness The Lord J. Norwich. Given by the hand of Hugo de Well, Archdeacon of Wells, at Clarendon, the 2gth day of September, in the 6th year of our Reign. II. — Charter of King Henry II. to the Burgesses of Nottingham, referred to in the Charters grant- ed TO the Burgesses of Chesterfield. (Printed from the Records of the Borough of Nottingham, 1882.) [1155— 1165.] 'H[enricus] Rex Angliae, et Dux Normanniae et Aqui- tanniae, et Comes Andegaviae, archiepiscopis, episcopis, comitibus, baronibus, justitiariis, vicecomitibus, ministris, et omnibus fidelibus suis Francis et Anglis totius Angliae, salutem. Sciatis me concessisse, et hac mea carta con- firmasse, Burgensibus de Noting[ham] omnes illas libe- ras consuetudines quas habuerunt tempore Regis Henrici avi mei ; scilicet, Tol et Theam, et Infangenetheof, et Thelonea, a Thurmotestona usque ad Newerc', et de omnibus Trentam transeuntibus, ita plenarie ut in burgo de Noting[ham] ; et ex alia parte a duito ultra Rempes- tunam usque ad aquam de Radeford in Nort. Homines etiam de Noting[ham]scir' et de Derbisir' venire debent ad burgum de Noting[ham] die Veneris et Sabbati, cum quadrigis et summagiis suis : nee aliquis infra decern leucas in circuitu de Noting[ham] tinctos pannos operari debet, nisi in burgo de Notingh[am]. Et si aliquis, undecunque sit, in burgo de Noting[ham] manserit anno uno et die uno, tempore pacis, absque calumpnia, nullus ' This charter has been printed from a duplicate among the Government records, in Rymer's Foedcra, ed. 1816, i. 41, and from thence in Prof. Stubbs' Select CharUrs, p, 166, postea nisi rex in eum jus habebit. Et quicunque bur- gensium terram vicini sui emerit, et possederit per annum integrum et diem unum, absque calumpnia parentum vendentis, si in Anglia fuerint, postea eam quiete possi- debit; neque praeposito burgi de Notingh[am] aliquem burgensium calumpnianti respondeatur, nisi alius fuerit accusator in causa. Et quicunque in burgo manserit, cujuscunque feodi sit, reddere debet simul cum burgen- sibus taillagia, et defectus burgi adimplere. Omnes etiam qui ad forum de Notingh[am] venerint a vespere diei Veneris usque ad vesperam Sabbati, non namientur, nisi pro firma regis. Et iter de Trenta liberum esse debet navigantibus quantum pertica una optinebit ex utraque parte fili aquae. Quare volo et firmiter prae- cipio quod praedicti Burgenses praedictas consuetudines habeant et teneant bene et in pace, et libere, et quiete, et honorifice, et plenarie, et integre, sicut habuerunt tempore Regis H[enrici] avi mei. Testibus : Ricardo de Hum[et] Conest[abulario], Willelmo de Braosio, Will- elmo de Caisneto, Willelmo de Lanvalei, Rann[ulfo] Vic[ecomite] de Noting[ham].' Apud Eborac[um]. 4151- (Translation.) Henry, King of England, and Duke of Normandy and Aquitaine, and Earl of Anjou, to his archbishops, bishops, earls, barons, justiciaries, sheriffs, ministers, and all his faithful subjects, French and English of all England, greeting. Know ye that I have granted, and by this my charter have confirmed, to the Burgesses of Nottingham all those free customs which they had in the time of King Henry my grandfather ; to wit, Tol and Theam, and Infangenetheof, and Thelonea from Thrumpton to 1 Ranulf Fitz-Ingleram was sheriff of Notts and Derby from 2 Hen. II. to 11 Hen. II. • This charter was most probably granted early in 1155, when Henry visited York and Nottingham. See Prof Stubbs' Outline Iiin;yary of Hen. II. in Chron. of Benedict Abbas, ii. p, cxxix.— Note from " The Nottingham Records," Newark, and of all things crossing the Trent, as fully as in the borough of Nottingham ; and on the other side from the brook beyond Rempston to the water of Retford in the north. Moreover, the men of Nottinghamshire and Derbyshire ought to come to the borough of Not- tingham on Friday and Saturday, with their wains and packhorses : nor ought any one within a radius of ten leucae of Nottingham to work dyed cloth, except in the borough of Nottingham. And if any one, whencesoever he may be, shall dwell in the borough of Nottingham a year and a day, in time of peace, without claim, no one afterwards except the king shall have any right in him. And whosoever of the burgesses shall buy the land of his neighbour, and shall possess it for a whole year and a day, without claim on the part of the kindred of the ven- dor, if they be in England, he shall afterwards quietly possess it : nor shall it be answered to the reeve of the borough of Nottingham claiming any burgess, unless another shall be the plaintiff in the cause. And whoso- ever shall dwell in the borough, of whatsoever fee he may be, he ought to pay tallages together with the burgesses, and make up the defaults of the borough. Also all who come to the market of Nottingham from the eve of Friday to the eve of Saturday, shall not be distrained, except for the King's ferm. And the passage of the Trent ought to be free to navigators as far as one perch extends on either side of the mid-stream. Wherefore I will and firmly en- join that the aforesaid Burgesses shall have and hold the said customs in good manner and in peace, and freely and quietly, and honourably and fully, and wholly, as they had in the time of King Henry my grandfather. Witnesses: Richard de Humet Constable, William de Braosio, William de Caisneto, William de Lanvalei, Ranulf Sheriff of Nottingham. At York. 4151. 9 III. — Charter of John Earl of Mortain, confirming THE Charter of his father, King Henry II., to THE Burgesses of Nottingham. (Printed from the Records of the Borough of Nottingham, 1882.) J[ohannes, Comes] Moret[oniae], omnibus hominibus et amicis suis, Francis et Anglis, praesentibus et futuris, salutem. Sciatis me concessisse, et hac praesenti carta mea confirmasse, Burgensibus meis Notingeham', omnes illas liberas consuetudines quas habuerunt tempore Henrici Regis proavi mei, et tempore Henrici Regis patris mei, sicut carta ejusdem Henrici patris mei testatur ; scilicet, Thol et Theam, et Infangenetheof, et Tholonea, a Thurmodeston' usque ad Niwerch', et de omnibus Trentam transeuntibus, ita plenarie ut in burgo de Notingeham ; et ex alia parte a duitto ultra Rempes- ton' usque ad aquam de Radeford in Nord', et de Bikeres- dic. Homines etiam de Notingehamsir' et de Derbisir' venire debent ad burgum de Notingeham die Veneris et Sabbati, cum quadrigis et summagiis suis ; nee aliquis infra decem leucas in circuitu de Notingeham tinctos pannos operari debet, nisi in burgo de Notingeham. Et si aliquis, undecunque sit, in burgo de Notingeham manserit uno anno et die uno, tempore pacis et absque calumpnia, nullus postea, nisi ego, in eum jus habebit. Et quicumque burgensium terram vicini sui emerit, et possederit per annum integrum et diem unum absque calumpnia parentum vendentis, si in Anglia fuerint, postea eam quiete possidebit. Neque praeposito burgi de Notingeham aliquem burgensium calumpnianti re- spondeatur, nisi alius fuerit accusator in causa. Et quicunque [in burgo majnserit, cujuscunque feodi sit, reddere debet simul cum burgensibus tailagia, et defectus burgi adimplere. Omnes etiam qui [ad forum] de Not- lO ingeham venerint a vespere die[i] Veneris usque ad vesperam Sabbati, non namientur nisi pro firma mea, Et iter de Trente [liberum] esse debet navigantibus quan- tum pertica una optinebit ex utraque parte fili aquae. Praeterea concessi etiam, de proprio dono meo, et hac mea [carta] confirmavi eisdem liberis Burgensibus meis, Gildam Mercatorum, cum omnibus libertatibus et liberis consuetudinibus quae ad Gildam Mercatorum debent [vel solejnt pertinere ; et quod ipsi sint quieti de Tholo- nea per totam terram meam, infra nundinas et extra. Et licet illis quem voluerint ex suis in fine anni praepo- situm suum facere, qui de firma mea pro ipsis respon- deat ; ita quod si idem praepositus mihi displiceat, ilium ad voluntatem meam removebo, et ipsi alium ad libitum meum substituent. Concessi etiam eisdem Burgensibus ut quicunque ab eis constitutus fuerit praepositus ejus- dem burgi, solvat firmam ejusdem burgi ad dominicum scaccarium meum, ubicunque fuerit in Anglia, ad duos terminos, medietatem, scilicet, ad clausum Paschae, et medietatem in octavis Sancti Michaelis. Quare volo et firmiter praecipio quod praedicti Burgenses habeant et teneant praedictas consuetudines bene et in pace, libere et quiete, honorifice et pacifice, plenarie et integre, sicut habuerunt tempore Henrici Regis proavi mei et tempore Henrici Regis patris mei, cum praedictis augmentis quae eis concessi. Et prohibeo ne quis contra banc cartam meam praedictos Burgenses vexare praesumat in aliquo, super decem libras forisfacti mei. Hiis testibus : Hugone Coventrensi Episcopo, Ada Abbate de Wellebec, Alex- andro Priore de Lenton,' Aldr[edo] Priore de Novo Loco, Rogero de Play,' Girardo de Canvill, Henrico de Ver, Radulfo Murdac, Galfrido de Jorz, Samsone de Stretlee, Simone filio Ricardi, Roberto de Fornellis, Willelmo de Furnellis, Willelmo de Craumunt, Rogero II de Karkeny,' Galfrido Luterell,' Magistro Benedicto, Serlone clerico, et multis aliis. 4152. (Translation.) John, Earl of Mortain, to all his men and friends, French and English, present and to come, greeting. Know ye that I have granted, and by this my present charter have confirmed, to my Burgesses of Nottingham all those free customs which they had in the time of King Henry my great-grandfather, and in the time of King Henry my father, as the charter of the same Henry my father witnesses ; to wit, Thol and Theam, and Infangenetheof, and Tholonea, from Thrumpton to New- ark, and of everything crossing the Trent, as fully as in the borough of Nottingham ; and on the other side from the brook beyond Rempston to the water of Retford in the north, and from Bycardyke. Also the men of Nottinghamshire and Derbyshire ought to come to the borough of Nottingham on Friday and Saturday, with their wains and pack-horses ; nor ought any one to work dyed cloth within a radius of ten leucae of Nottingham, except in the borough of Nottingham. And if any one, whencesoever he may be, shall remain in the borough of Nottingham a year and a day, in time of peace, and without claim, no one afterwards, but I, shall have any right in him. And whosoever of the burgesses shall buy the land of his neighbour, and shall possess it for a whole year and a day without claim by the kindred of the ven- dor, if they be in England, he shall afterwards quietly possess it. Nor shall it be answered to the reeve of Nottingham claiming any of the burgesses, unless another shall be the plaintiff in the case. And whosoever shall dwell in [the borough], of whatsoeiver fee he may be, ought to pay tallages, together with the burgesses, and 12 make good the defaults of the borough. Also all who shall come [to the market] of Nottingham, from the eve of Friday to the evening of Saturday shall not be dis- trained except for my ferm. And the passage of Trent ought to be free to navigators as far as one perch extends on either side of the mid-stream. Moreover I have also granted, of my own gift, and by this my [charter] have confirmed to the same my free Burgesses, a Merchants' Gild, with all the liberties and free customs which should, or usually belong to a Mer- chants' Gild. And that they shall be quit of Tholonea throughout the whole of my land, within and without fairs. And they may make, at the end of the year, whom they will from amongst themselves their reeve, who shall answer on their behalf for my ferm ; provided that if the same reeve shall displease me, I shall remove him at my will, and they shall substitute another at my pleasure. Also I have granted to the same Burgesses that whoso- ever shall be constituted reeve of the same borough, shall pay the ferm of the same borough to my demesne exche- quer, wherever it may be in England, at two terms, to wit, a moiety at the close of Easter, and a moiety in the octave of Saint Michael. Wherefore I will and firmly enjoin that the aforesaid Burgesses shall have and hold the aforesaid customs well and in peace, freely and quietly, honourably and peacefully, fully and wholly, as they had them in the time of King Henry my great- grandfather, and in the time of King Henry my father, with the aforesaid augmentations which I have granted them. And I forbid that any one presume to vex the said Burgesses in aught against this my charter, upon pain of ten pounds to be forfeited to me. These being witnesses : Hugh Bishop of Coventry, Adam Abbot of Welbeck, Alexander Prior of Lenton, Aldred Prior of 13 Newstead, Roger de Play,' Gerard de Camville, Henry de Vera, Ralph Murdac, Geoffrey de Jorz, Sampson de Strelley, Simon Fitz-Richard, Robert de B'urneux, William de Furneux, William de Craumunt, Roger de Karkeny, Geoffrey Luterel, Master Benedict, Serlo the clerk, and many others. 4152. IV. — Charter of King John, confirming grants made BY HIMSELF WHILST EaRL OF MoRTAIN, TO THE BuR- GESSES OF Nottingham, dated March ig, 1200. (Printed from the Records of the Borough of Nottingham, 1882.) Johannes, Dei Gratia Rex Angliae, Dominus Hyber- niae. Dux Normanniae, Aquitanniae, et Comes Ande- gaviae, archiepiscopis, episcopis, abbatibus, comitibus, baronibus, justitiariis, vicecomitibus, et omnibus ballivis et fidelibus suis totius Angliae, salutem. Sciatis nos concessisse, et praesenti carta nostra confirmasse, Bur- gensibus nostris de Notingeham omnes illas liberas con- suetudines quas habuerunt tempore Henrici Regis proavi nostri, et tempore Henrici Regis patris nostri, sicut carta ejusdem Henrici patris nostri testatur ; scilicet, Thol et Theam, et Infangenetheof, et Tholonea a Thurmodeston' usque ad Niwerk', et de omnibus Trentam transeuntibus, ita plenarie ut in burgo de Notingham ; et ex alia parte a duitto ultra Rempeston' usque ad aquam de Radeford in Nord', et de Bikeresdik. Homines etiam de Noting- hamsir' et de Derebisir' venire debent ad burgum de Notingham die Veneris et Sabbati, cum quadrigis et summagiis suis ; nee aliquis infra decem leucas in cir- cuitu de Notingham tinctos pannos operari debet, nisi in burgo de Notingham. Et si aliquis, undecunque sit, in burgo de Notingham manserit uno anno et die uno, tem- pore pacis et absque calumpnia, nullus postea nisi Rex 14 in eum jus habebit. Et quicumque burgensium terram vicini sui emerit, et possederit per annum integrum et diem unum, absque calumpnia parentum vendentis, si in Anglia fuerint, postea earn quiete possidebit. Neque praeposito burgi de Notingham aliquem burgensium calumpnianti respondeatur, nisi alius fuerit accusator in causa. Et quicunque in burgo manserit, cujuscunque feodi sit, reddere debet simul cum burgensibus taillagia, et defectus burgi adimplere. Omnes etiam qui ad forum de Notingham venerint a vespere die[i] Veneris usque ad vesperam Sabbati, non namientur, nisi pro firma nostra. Et iter de Trente liberum esse debet navigantibus, quan- tum pertica una optinebit ex utraque parte fili aquae. Praeterea concessimus etiam de proprio dono nostro, et hac carta nostra confirmavimus, eisdem liberis Burgensi- bus nostris Gildam Mercatorum, cum omnibus libertati- bus et liberis consuetudinibus quae ad Gildam Mercato- rum debent vel solent pertinere ; et quod ipsi sint quieti de Tholonea per totam terram nostram, infra nundinas et extra. Et licet illis quem voluerint ex suis in fine anni praepositum suum facere, qui de firma nostra pro ipsis respondeat ; ita quod si idem praepositus nobis dis- pliceat, ilium ad voluntatem nostram removebimus, et ipsi alium ad libitum nostrum substituent. Concessimus etiam eisdem Burgensibus ut quicumque ab eis constitu- tus fuerit praepositus ejusdem burgi, solvat firmam ejus- dem burgi ad dominicum scaccarium nostrum, ubicunque fuerit in Anglia, ad duos terminos, medietatem, scilicet, ad clausum Paschae, et medietatem in octabis Sancti Michaelis. Quare volumus et firmiter pracipimus quod praedicti Burgenses habeant et teneant praedictas con- suetudines, bene et in pace, libere et quiete, honorifice et pacifice, plenarie et integre, sicut habuerunt tempore Henrici Regis proavi nostri, et tempore Henrici Regis 15 patris nostri, cum praedictis augmentis quae eis conces- simus. Et prohibemus ne quis contra hanc cartam nos- tram praedictos Burgenses vexare praesuniat in aliquo, super decern libras forisfacti nostri, sicut eis concessimus et rationabili carta nostra confirmavimus dum essemus Comes Moretoniae. Hiis testibus : Gaufrido filio Petri Comite Essexiae, Willelmo Briwere, Hugone Bard[ulfi], Roberto filio Rogeri, Willelmo de Stotevill', Hugone de Neviir, Simone de Pateshull', Gilleberto de Norfolk. Datum per manus Simonis Archidiaconi Wellensis, et Johannis de Gray, Archidiaconi Clivelandiae, apud Clip- ston, xix die Martii, regni mostri anno primo. 4153- (Translation.) John, by the grace of God, King of England, Lord of Ireland, Duke of Normandy, Aquitaine, and Earl of Anjou, to his archbishops, bishops, abbots, earls, barons, justiciaries, sheriffs, and bailiffs and faithful subjects of all England, greeting. Know ye that we have granted, and by our present charter have confirmed, to our Bur- gesses of Nottingham, all those free customs which they had in the time of King Henry, our great-grandfa,ther, and in the time of Henry our father, as the charter of the same Henry our father witnesses ; to wit, Thol and Theam, and Infangenetheof, and Tholonea, from Thrumpton to Newark, and of all things passing the Trent, as fully as in the borough of Nottingham ; and on the other side from the brook beyond Rempston to the water of Retford in the north, and from Bycardyke. Also the men of Nottinghamshire and Derbyshire ought to come to the borough of Nottingham on Friday and Saturday with their wains and pack-horses ; nor ought any one to work dyed cloth within a radius of ten leucae of Nottingham, except in the borough of Nottingham. i6 And if any one, whencesoever he may be, shall remain in Nottingham a year and a day in time of peace, and without claim, no one afterwards except the king shall have any right over him. And whosoever of the burgesses shall buy the land of his neighbour, and shall possess it for a whole year and a day, without claim by the kindred of the vendor, if they be in England, he shall afterwards quietly possess it. Nor shall it be answered to the reeve of Nottingham claiming any of the burgesses, unless another shall be the plaintiff in the case. And whoso- ever shall dwell in the borough, of whatsoever fee he may be, ought to pay tallages, and make good the deficiencies of the borough. Also all who shall come to the market of Nottingham from the eve of Friday to the evening of Saturday shall not be distrained except for our ferm. And the passage of Trent ought to be free to navigators as far as one perch extends on either side of the mid- stream. Moreover, we have granted, of our own gift, and by this our present charter have confirmed, to the same our free Burgesses a Merchants' Gild, with all the liberties and free customs which ought, or are used to pertain to a Merchants' Gild ; and that they shall be quit of Tholonea throughout the whole of our land, within and without fairs. And they may make, at the end of the year, whom they will from amongst themselves their reeve, who shall answer for our ferm on their behalf; provided that if the same reeve shall displease us, we shall remove him at our will, and they shall substitute another at our pleasure. Also we have granted to the same Burgesses that whosoever shall be constituted reeve of the same borough, shall pay the ferm of the same town at our demesne exchequer, wheresoever it may be in England, at two terms, to wit, a moiety at the close of Easter, and a moiety in the octave of Saint Michael. n Wherefore we will and firmly enjoin, that the aforesaid Burgesses shall have and hold the aforesaid customs, well and in peace, freely and quietly, honourably and peacefully, fully and wholly, as they had in the time of King Henry our great-grandfather, and in the time of King Henry our father, with the aforesaid augmenta- tions which we have granted them. And we forbid that any one presume to vex the aforesaid Burgesses in aught against this our charter, under pain of ten pounds to be forfeited to us, as we granted and by our reasonable charter confirmed when we were Earl of Mortain. These being witnesses : Geoffrey Fitz-Peter Earl of Essex, William Briwere, Hugh Bardolf, Robert Fitz-Roger, William de Stuteville, Hugh de Neville, Simon de Pate- shull, Gilbert de Norfolk. Given by the hands of Simon, Archdeacon of Wells, and John de Gray, Archdeacon of Cleveland, at Clipston, the 19 day of March, in the first year of our reign. 41 53' V. — Charter of King John to the Burgesses oe Derby, dated the Sixth Year of his reign. (E Rot. Cart. Antiq., (Z. 5.) Public Record Office.) Carta ^Burgettsfium Ire ©eitlju John, Di Gra rex Angl, &c. Sciatis nos concessisse t psenti carta nra confirmasse burgensibus nris de Derebi omes illas libas consuetudines qus burgenses nri de Notingha hnt t huert temp H Reg pavi nri t tempe H Reg pris nri scil thol t theam t infangenetheof et Thelo- nia a Dunebrig usq ad ponte de Cordi et a ponte Cordi usq ad ponte de Estweit sicut hre solent et de omibz Derewent tnseuntibs ita plenarie ut i burgo de Derebi Holes t de Derbisir t de Notinghasir venire debent ad B i8 burgu de Derebi die Jovis t die Vens in qudrigis et sumagiis suis Nee aliq's infra dece leucas i circuitu de Derebi tinctos pannos opari debr ni in Burgo de Derebi salva libtate burgi de Notingha et si aliqs undecuqs sit manserit i Burgo de Derebi uno anno t uno die tempe pacis sn calumpnia nulls ptea ni Rex i eu jus habebit. Et qcuqs burgensiu tra vicini sui emit t possedit p annu itegru et unu die absq calumpnia parentii vendentis si in Angl fuerit pea ea qeta possidebit Neq ppoito burgi de Derebi aliq burgensiu caluniati respondeatr n aliqs fuerit accusator i causa et qcuqs i burgo manserit ciscuq feodi sit redde deb siml cu burgsibus taill t defect burgi adimplere omes t qi ad foru de Derebi venint a vespe diei Jovis usq ad vespa diei veneris no namientr ni p firma nra et iter de Derwent libu ee deb navigantibus qntu ptica una optinebit ex utq parte fili aque Pretea concessimus t confirmavim eisdem burgensibus libis nstris de Derebi gildam mercator ac omnibus libertatibus et libis consuetudinis q ad roba mcator debut vl solut pertine et qd ipi sint quieti de telonio p tota tra nfam infra nundinas t extra concessimus et confirmavimus eidem burgensibus de Derebi Burgu de Derebi cu oibus ptinciis suis ad feodi firma tenend de nob et heredibus nris sibi et heredibus suis i ppetua p antiqu firma et de cremto X librarp annu p omni servicio et demanda et liceat illis q voluint ex suis i fine anni ppositu suu facere qi de firma nra p ipis respondeat ita qd si id ppoits nob dis- pliceat illu ad voluntate nram removebim t ipi aliu ad libitu nrm substituent concessim t eide burgensibs ut qicunq ab eis constitutr fuit ppoits ejs de burgi solvat firma ejusde burgi ad dnica scaccm nrm ubicuqe fuit in Angl ad duos trminos scil medietate ad clausu Pasch t medietate i octav sci Mich Quare volumus t firmit pcipims qd pdci burgnses & eor hedes t oia pdca hant t 19 teneant de nob et hedibs nris bn et i pace libe t quiete honorifice pacifice plenarie t integre et phibems ne qs contr banc carta nram pdcos burgenses vexare psumat sup forisfactam nram X libror ut pdcm est T. Dat p man H. Well Archied anno regni nri VI. (Translation.) John, by the Grace of God, England, &c. Know ye that we have granted, and by this our present charter have confirmed, to the Burgesses of Derby all those free customs which our Burgesses of Nottingham had and held in the time of Henry, the King, our great-grand- father, and in the time of Henry, the King, our father, that is to say, Thol and Theam, and Infangenethef, and Tolls from Dunsbrig to the Bridge of Cordi, and from the Bridge of Cordi to the Bridge of Eastweit, as they were accustomed to have from all crossing the Der- went as fully as in the Borough of Derby. The men both of Derbyshire and Nottinghamshire ought to come to the Borough of Derby on Wednesday and Friday with their wains and pack-horses ; nor within a radius of ten leucae of Derby should anyone work dyed cloth except in the Borough of Derby, saving the liberties of the Borough of Nottingham, And if anyone, whencesoever he may be, shall dwell in the Borough of Derby for a year and a day in the time of peace without complaint, no one after- wards, except the King, shall have any right in him. And whosoever of the Burgesses shall buy the land of his neighbour, and shall possess it for a whole year and a day, without claim by the kindred of the. vendor, if they be in England, he shall afterwards quietly possess it. Nor shall it be answered to the reeve of Nottingham claiming any of the Burgesses, unless another shall be the plaintiff in the case. And whosoever shall dwell 20 in the Borough, of whatsoever fee he may be, ought to pay tallages, together with the Burgesses, and make good the defaults of the Borough. Also all who shall come to the market of Derby from the eve of Wednesday to the evening of Friday shall not be distrained except for our ferm. And the passage of the Derwent ought to be free to navigators as far as one perch extends on either side of the mid-stream. Moreover, I have also granted and [by this my charter] have confirmed to the same my free Burgesses of Derby a Merchants' Gild, with all the liberties and free customs which should, or usually belong to a Merchants' Gild. And that they shall be quit of Tholonea throughout the whole of my land, within and without fairs. We concede and grant to the same Burgesses of Derby the Borough of Derby, with all its appurtenances at fee farm. To hold of us and our heirs, to them, and to their heirs for ever, by ancient ferm, and for the salary of ^lo per annum for all services and demands. And they may make, at the end of the year, whom they will from amongst themselves their reeve, who shall answer on their behalf for my ferm ; provided that if the same reeve shall displease me, I shall remove him at my will, and they shall substitute another at my pleasure. Also I have granted to the same Burgesses that whosoever shall be constituted reeve of the same Borough, shall pay the ferm of the same Borough to my demesne exchequer, wherever it may be in England, at two terms, to wit, a moiety at the close of Easter, and a moiety in the octave of Saint Michael. Wherefore I will and firmly enjoin that the aforesaid Burgesses and their heirs shall have and hold the afore- said customs well and in peace, freely and quietly, honourably and peacefully, fully and wholly. And I forbid that anyone presume to vex the said Burgesses in aught against this my charter, upon pain of ;^io, to be forfeited to me as aforesaid. T. Given by the hand of H. Well, Archdeacon, in the 6th year of our reign. VI. — Charter of King John to Richard, son of William Brewerr, granting the Manor of Chesterfield, &c., in fee farm, dated in the i6th year of his Reign. (E. Rot. Cart. Antiq. Y. 3. Public Record Office.) J di gra Rex Angl etc omnibs fidelibs suis salt Sciatis nos dedisse t concississe t carta nra confirmasse Ric Briwere filio Willi Briwere t heredibus suis maneriu nrm de Cestrefeud i Derbyschyre cu Brumiton t Wittinton t soka t tota wapentak de Scarnedale t c omnibus integr tatibus et pertin suis tenend ad feod firma ei t hedibus suis de nobis t hedibus nris redd annuatm de pdict Cestrefeld t Brumiton t Wittinton t soka lxix Lib numo et de pred wapentac de Scharndal x lib nuo ad 5acc nrm apd Westm p manu suu vel heredu suor Sclt medietate ad seem pasce et medietate ad seem Sci Mich volum t qd pdcam manerum de Cestrefeld t omnibus ptin suis habeat easd lib t lib consuetudines qs burg nr de Notingh ht in omibs locis t rebus Ita tn qd Burgi nri Noting t Derbi libs suas quas habent t habre debuint non amittant Volum t qd ead Cestrefeld sit lib burg ita tam qd nuUus burgens vl mcator i ea vel in prdco wapen- tac vl in soka hat lib vel libas consuetudines ni p ipm Ric Briwere vl p hedes suos ni illi q' priuq ibi libertates huerunt Concedim t eidem Ric Briwere t hedibs suis qd bnt apud Cestrefeld unam feriam singulis annis in ex- altoe Sci Crucis p VIII dies duraturam t pterea unu mercatu ibi de singulis septim p duos dies scil die Mart 22 t die sabbi c omnibus lib t libas consuetudinibus ad feriam et mercatum ptin et qd Theloniu capiatr in prdictis feria & mercato ab omnibus illis q' libtates non habuerint Dedim et concessim eidem Ric t hered suis manerium nostrum de Snodington in Nottinghamsir tenend ad feod firma ei et heredibus suis de nob t heredibs nris reddendo inde anuatim VIII libr numo ad prdcum scaccm p manu suor vel heredum suor ad prdictos ter- minos. Hec an subscripta dedimus et concessimus & he carta nostra confirmavimus prdi Ric hedibus suis de voluntate t assensu ad petitione Willi Briwere patris sui cui t hedibus suis prius dedimus t concessiramus & carta nra confirmaverim. Qre volumus prcipim qd prdic Ric Briwere t hedes sui pt eum hant t teneant omnia prdic tenement t omnibs libtatibus t integretat t omnibus ptin suis ad feod firmam p pdictam firmam et p serviciu duarum partim feod un militis p omni svicio t oi demanda adeo bene t in pace libe t quiete t integre plenarie t honorifice sic nos vel ancessores nri ilia unqua melius librius t integris hubuim soluta t quieta de siris t hundr wapentac t sectis eor t de omibs placitis & querelis t exactionibs exceptis hiis que ad corona pertinebit. [Dat apud Anno regni nri XVI ] (Translation.) ] by the Grace of God, King of England, to all his faithful Health. Know ye that we have given and granted and by our charter have confirmed to Richard Brewer, son of William Brewer, and his heirs, our Manor of Chesterfield, in Derbyshire, with Brumington and Wittington, and the soke and all the wapentake of Scarnedale, and with all its members and appurtenances to hold at fee farm to him and his heirs of us and of our heirs, paying annually for the said Chesterfield and 23 Brumington, and Wittington and Soke, sixty-nine pounds of money, and for the said wapentake of Scarnedale ^lo of money into our exchequer of Westminster by his hands or by the hands of his heirs, that is to say half at the term of Easter and half at the term of St. Michael ; we will also that the said Manor of Chesterfield and all its appurtenances shall have the same liberties and free cus- toms which our Borough of Nottingham has in all places and in all things, so that nevertheless our Boroughs of Nottingham and Derby shall not loose the liberties which they have or ought to have ; we will that the said Ches- terfield shall be a free Borough, so nevertheless that no Burgess or Merchant within it, or in the said wapentake or in the soke, shall have liberties or free customs except through the same Richard Brewer and his heirs, unless those who before this time there held liberties ; we grant also to the same Richard Brewer and his heirs that they should have a fair at Chesterfield every year, at the ex- altation of the holy cross, of 8 days' duration, and besides a market there each week of two days, that is to say on Tuesday and Saturday, with all liberties and free customs pertaining to fairs and markets, and that tolls should be taken in the said fair, and markets from all those who have no privileges ; we have given and granted to the same Richard and his heirs our Manor of Snod- ington, in Nottinghamshire, to hold to fee farm to him and to his heirs of us and of our heirs, paying therefore annually 8 pounds of money into the said exchequer by his hands or by the hands of his heirs at the aforesaid terms. This before subscribed we have given and granted and by this our charter have confirmed to the said Richard and his heirs, by the will and assent and at the petition "of William Brewer, his father, to whom and to his heirs we have formerly given and granted and 24 by our charter confirmed it ; wherefore we will and com- mand that the said Richard Brewer and his heirs after him shall have and hold all the said tenements with all their liberties and boundaries and appurtenances to fee farm by the said farm and by the service of two parts of one Knight's fee for all services and all demands, so well and in peace, freely and quietly, wholly and fully, and honourably as we or our ancestor ever better more freely and completely were accustomed to hold it, and quit of all shires and hundreds, wapentakes and of their suits, and of all pleas and complaints and exactions, except those which belong to our crown. VII. — Charter of King John Granting the Manor OF Chesterfield, &c., to William Brewer the Younger, to be held in Capite by Knight Service, Dated the i6th day of August, in the 17TH year OF his Reign. (Copied from the MSS. of Dr. Pegge, deposited at Heralds' College, in his handwriting, with this note: "E Rot. Cart, de anno, decimo septimo regni Regis Johannis." — N.B. This roll is not now to be found at the Record Office, the few rolls of Ancient Charters there have been enrolled irregularly as to date, and at no known periods. In Dr. Pegge's "schedule of papers in the Corporation of Chesterfield chest, 1789," Dure is om. No. 45, from which this is probably a copy. It is called "An old transcript of King J's. Charter to Wm. Brewere, Ao. 17: this is fuller than that copy in the Black Book. N.B. ye original is supposed to be lost." This old copy of the Charter, as well as the Black Book has now disappeared, and is not to be found amongst the Corporation muniments.) Johannis Dei gratia Rex Angliae Dominus Hibernie Dux Normainie Aquitaine et Comes Andegavie Archiepis Episcopis Comitibus Baronibus Justiciariis Vicecomiti- bus et oibus Ballivis et fidelibus suis Saltem Sciatis nos dedisse et concencisse Willmo Briwerr et heredibus suis 25 pro homagio et servitio suo maneriu nostrum de Cestre- feld cu BTuminton et Witenton et soca et toto wapen- take de.Scarnedale et cum omibus integritatibus et pertinenciis suis Ita qd pdictum manerium de Chestrefeld cum oibus pertinenciis suis habeat easdem libtates et liberis consuetudines quas Burgus noster Notingham habeat in oibus locis et oibus rebus Ita tamen qd Burg: nostri de Notingham et Derbi libtates suas quas habent et habere debent non amittant Volumus etiam qd eadem Chestrefeld sit liber Burgus ita tamen qd nullus Burgens vel mercator in ea vel in pdicto wapentake vel in soca habeat libtes vel liberas consuetudines nisi per ipsum. Willimum Briwerr vel per heredes suis nisi illi qui prius ibi libertates habuerunt concedimus etiam eidem Willo Briwerr et heredis suis qd habeant apud Chestrefeld unam feriam singulis annis in exaltacoe Sci Crucis per octo dies duraturum et preteria unu mercatu ibidem sin- gulis septimanis per duas dies scilt die Martis et die Sabbati cu oibus libertates et liberis consuetudinibus qd ad feria et mercatu pertinent Theloneum capiatur in predictis feria et mercatum ab oibus illi qui libtates non habuerunt. Dedimus etiam ac concessimus eidem Willo et heredibus suis maner nostra de Snodinct in Notinghamschire, et maneriu de Axeminister in Devon, cu oibus integritatibus et pertinenciis eorum cu hundred de Axeminister et quod habeant apud Axeminister unu mercatu singulis septimanis die dominica sicut ibi esse consuevit et preteria piscarium nostra de Kingswere in Sumset, cu oibus pertinenciis suis ita soil qd predictus Willmo Briwerr et heredes sui habeant et teneant prdictu maneriu de Chestrefeld cu Brumenton et Witenton et soca et tota Wapentac de Scarnedale cu oibus ptinen suis et Manerium de Snodington cu oibus ptinen suis et predict maner de Axeminster cu oibus ptinen suis cum 26 hundred de Axeminster et pdictu piscaria de Kingswere cu oibus pertinenciis suis faciend nobis et heredibus nostris de oibus pdic servit feod triu milit pro oibus ser- vitiis et demand. Quare Volumus et firmiter precepimus qd pdict Willus et heredes suis post eum habeant et teneant oia predicta maneria et tenta cu oibus liberta- tibus et integritatibus et oibus pertinenciis suis per servicium feod triu milit pro omni servici et demanda. Adeo bene, &c., sicut nos et antecessoris nostri ilia unquam melius et liberius habuimus soluta et quieta de sires et hunds et wapentac et sec eor et de omnibus placitis et querelis et exicoebus exceptis hiis que ad Coronam nostrum pertinet. Testi : W Com Saru fratre E Majestro Milicie tem- pi! in Anglia, H. de Nevill, H. de Mortuomari, Waltero de Lascy, Johan de Munenz, Thoma de Sandford, Willo de Cantelupo, Fulcon de Cantelupo, Rado Corini. Dat apud marleberge decimo sexto die Augusto Anno regni nri decimo sexto. (Translation.) John by the Grace of God, King of England, Lord of Ireland, Duke of Normandy Aquitaine, and Count of Anjou, to his Archbishops, Bishops, Earls, Barons, Justiciars, Viscounts, and to all Bailiffs and faithful Health. Know ye that we have given and granted to William Brewer and his heirs, for his homage and service, our Manor of Chesterfield, with Brumington and Wit- tington, and the Soke and whole Wapentake of Scarne- dale and with all its members and appurtenances, so that the said Manor of Chesterfield, with all its appurte- nances, should have the same liberties and free customs which our Borough of Nottingham has in all places and in all things, so nevertheless that our Boroughs of Not- 27 tingham and Derby should not loose the liberties which they have and should have. We will also that the said Chesterfield shall be a free Borough, so nevertheless that no one of the Burgesses or Merchants within it or within the said Wapentake, or within the Soke, shall have liber- ties or free customs, unless through him the said William Brewer or through his heirs, excepting those who before this there had liberties ; we concede also to the same William Brewer and his heirs that they should have at Chesterfield one fair every year, at the exaltation of the Holy Cross, of eight days' duration, and besides a mar- ket there each week of two days, that is to say on Tuesday and on Saturday, with all the liberties and free customs pertaining to fairs and markets. Toll shall be taken in the said fair and market from all those who have not liberties ; we have also given and granted to the same William Brewer and his heirs our Manor of Snodinct, in Nottinghamshire, and the Manor of Axminster, in Devon- shire, with all its members and appurtenances, with the hundred of Axminster, and that they should have a market at Axminster every week, upon Sunday, as they are there accustomed, and besides our fishery of Kings- were, in Somersetshire, with all its appurts, so that the said William Brewer and his heirs should have and hold the said Manor of Chesterfield, with Brumenton and Wittenton, and the soke and whole wapentake of Scarne- dale with all their appurtenances, and the Manor of Snodington with all its appurts, and the said Manor of Axminster with all its appurtenances, with the said hundred of Axminster and the said fishery of Kingswere with all its appurtenances, doing to us and to our heirs for all the said services for three Knights' fees for all services and demands ; wherfore we will and firmly com- mand that the said William and his heirs after him shall ^8 have and hold all the said Manors and tenements" with all liberties and members and all its appurtenances, by the service of three Knights' fees for all services and de- mands; therefore well, etc., as we and our Ancestors ever better freer held them free and quit of Shires and hun- dreds, and wapentakes and their suits, and of all pleas and complaints and exactions, except those which belong to our crown. Witness — W. Earl of Salisbury, Brother E. Master of the Knights Templars in England, H. de Neville, H. de Mortimer, Walter de Lacey, John de Munens, Thomas de Sandford, William de Cantelupe, Falcon de Cante- lupe, Ralf Corini. Given at Merlbergh the i6th day of August in the 17th year of our reign. VIII. — Concord made between the above-mentioned William Brewer the Younger and the Free Burgesses of Chesterfield, in vindication of THEIR liberties AGAINST THE SAID WiLLIAM Brewer. (From the original Fine now amongst the muniments of the Corporation of Chesterfield.) Hec est concordia facta int Dnm Willm Briwerr Juniorem et Burgenses de Cestfeld silicet qd ipi et hedes sui habebunt et tenebunt de dicto W. Brewerr et de hedebs suis omes illas libtates et omes libas consuetu- dines in villa de Cestfeld qs Bgus de Notingham habet et tenet et habere debet salvis tn si firmis suis assisis in toftis in villa de Cestfeld eo die qo ista concordia facta fuit et salvis si illis toftis qos diet W. Brewerr et hedes sui pea assedebunt ptea diet W Brewerr et hedes sui concessit qd pdici Burgenses et heredes sui habeant v^vp ^mMm mSf'm? 29 et teneant celdas in foro qi de ceto teiiere voluint Reddo p annu p qolibet celda sex denar p excepto tm qd diet W Briwerr et heredes sui habunt omes celdas in tempe nundinaru ad op suum singlis annis Ptea diet W Briwerr p se et p hedibus suis coneessit qd pdieti Burgenses et hedes sui habeant et teneant pmes acr tre in eampis qs habuert et tenuerunt die qo ista concordia fca fuit Reddo p annu pro qlibet ac qtuor denar exeeptis deee aes de Dnico sue qor qlib aer reddit p annu Vllldenar ptea Dicti W Briwerr concessit eadm Burgensibus qd .nullu eoru fiat ppoit in villa de Gestfeld ni p libam voluntatem eoru *et si aliqs serviens p pdietu W Briwerr in pdeo Burgo poit contra jura et libtates Bgi age et venire volant em dabit. Has no relaxacoes et libertates pseptas coneessit diet W Briwerr pdictis Bgensibus in ppetuu p icta q ipi Burgensis de ceto jura et libertates qs sepedict W Briwerr de jure hare tenetr manuteneant et qd contr illas libertates nuq venire psumant Hiis testibus Dno H. Lincol, Epo Stepho, de Segrave Willo f War, Rt de Lexington, Willo Basset, Rad f Nicol, tc, Justic Dni Reg et aliis fidelibs Dni Reg tc tp Notingh. psntibs. (Translation.) This is the concord made between Lord William Brewer the Younger and the Burgesses of Chesterfield. That is to say, that they and their heirs shall have and hold of the said William Brewer and of his heirs all those liberties and all free customs within the Town of Chesterfield, such as the Burgesses of Notingham have and hold or ought to have, saving to him nevertheless all his farms assessed in the tofts in the town of Chesterfield, upon that day on which this concord was made, and sav- I'^g also to him those tofts which the said William Brewer and his heirs aforesaid enjoyed. Besides the saidW. 30 Brewer and his heirs granted that the said Burgesaea and their heirs should have and hold Stalls in the market, which they wished to hold of others, paying annually for each stall sixpence, except only that the said William Brewer and his heirs should have all the stalls in the time of the fair to his own use each year. Besides the said W. Brewer for himself and his heirs acknowledged that the said Burgesses and their heirs should have and hold the chief acres of land in the plain, which they had and held the day when that concord was made, paying yearly for each acre four pence, excepting ten acres of their own dominion, for each of which acre they should pay per annum eight pence. Besides the said William Brewer conceded to the same Burgesses that no one of them should be made Reeve in the Town of Chesterfield un- less by their free consent, and if any of the servants of the said William Brewer should act or do anything contrary to the rights and liberties of the Burgesses they will be corrected. These new relaxations and prescrip- tive liberties the said William Brewer allowed to the said Burgesses in perpetuity for ever, so that these Burgesses would hold and maintain those rights and liberties which the said William Brewer should enjoy by law, and that none should ever presume against those liberties. These witnesses : Lord H. Lincoln Bishop, Stephen de Segrave, William fil War, Rt. de Lessington, Willo Basset, Ralf fil Nicol, then Justices of our Lord the King, and other faithful of the Lord the King, at that time being present at Nottingham. Note. — This very important fine, for such it is in effect, though perhaps not in form, can only be dated approximately. No record of it remains at the Public Record Office, in no Assize Roll or Roll of the King's Court is there any mention of it, nor is there any record of it on the fine Rolls, but a close Roll of lo Henry III. shews that the Bishop of Lincoln and the four following judges were appointed to take pleas at Nottingham in that and the following year, 3.1 IX. — Charter of King Henry III. confirming to THE Burgesses of Chesterfield, the liberties WHICH William de Brewer acknowledged to BE THEIR RIGHTS BY THE CHARTER OF JOHN, KiNG OF England (with the great seal attached). Dated the 28 December, the 17TH year of his Reign. C6f jTi'rsit (great €t)nvUv to tf)t ^Sorouglb of Cl^esterflVIlii (From the original Charter now in the Muniment room of THE Corporation of Chesterfield recovered and restored to THE Borough by Mr. Alderman Gee, Mayor of Chesterfield, on the 8th day of April, 1884.) Henricus Dei Gra Rex Angl Dns Hybn Dux Norm et Aquit Com Andeg Archiepis Epis Abbibus Prioribus Comitibus Baronibus Justic Vicecomitibs Prepositis Ministris et omnibus BalliVis et Fidelibus suis Salutem Sciatis nos concessisse et hac carta nostra confirmasse pro nobis et heredibus nostris hoibs Willi Briwerr qui de eo tenent et tenebunt in Villa de Cestrefeld libertatem qm eidem Wills eis concessit scilicet qd sint liberi Bur- genses et qd ipi et heredes sui heant et teneant de eodem Willo et hedebs suis easdem libtates et libas consuetudines inf villam et extra villam et in omnibus locis quas Dns J Rex Angl Pat nr eidem Willo concessit et carta sua con- firmavit in eadem villa et secdm qd carta ejusdem Dni J Regis ptris nri quam idm Wills de eo habet et sicut carta pdci Willi qua pdci homines de eo habent ronabilr testatur Quare Volumus et firmit precipimus pro nobis et heredibus nris qd pdci homines de Cestrefeld qui de pdco Willo tenent et tenebunt in eadem villa de Cestre- feld sint liberi Burgenses et qd ipi et heredes sui heant et teneant de eodem Willo et heredibs suis easdem liber-. 32. tates et libas consuetudines quas pdcs Dns J Rex pr nr eidem Willo concessit et carta sua confirmavit in ead villa sicut predcm est. Hiis testibus : R mar Com Penbr, Petro de Ryvall, Capicer Pict, Rado fil Nichol, Godefrido. de Craucumb, Galfrido Dispens, Galfrido de Cauz, Ricardo filio Hugo, Henrico de Capella et Aliis. Data per manum venabilis ptrs Radi Cicestr Epi Cancellar nri apud Theokesbirvicesimo octavo die Decembr anno regni nostri septimo decimo. per Radulfam filium Nicolai. (See Photograph of this Charter, with the fragments of the Great Seal attached, opposite Frontispiece.) (Translation.) Henry by the Grace of God, King of England, Lord of Ireland, Duke of Normandy and Aquitaine, Count of Anjou, to his Archbishops, Bishops, Abbots, Priors, Counts, Barons, Justices, Viscounts, Reeves, Ministers, and to all his bailiffs and his faithful Health. Know ye that we have granted and by this our Charter have con- firmed for us and our heirs to the men of Williarn Brewer who now hold of him or who will hold in the Town of Chesterfield the freedom which the same William Brewer granted them, that is to say, that they should be free Burgesses and that they and their heirs should have and hold of the same William and his heirs the liberties and free customs within the Town and without the Town, and in all places, which the Lord John King of England our father to the same William granted, and by his Charter confirmed in the same Town, and according to which Charter of the same Lord John the King, our father, which the same William had of him, and as the Charter of the said William which the said men had of him reasonably witnesses. Wherefore we will and firmly 33 command for us and for our heirs that the said men of Chesterfield who now hold and who will hold of the said William in the said Town of Chesterfield are free Bur- gesses, and that they and their heirs shall have and hold of the same William and his heirs the same liberties and free customs which the said Lord John the- King our father to the same William granted and by his Charter confirmed in the same town as is aforesaid. These wit- nesses R. Mar (shall) Count of Pembroke, Peter de Ryval, Capicer Pict, Ralf fil Nicol, Godefrido de Crau- cumb Galfred Dispens, Galfred de Cauz, Richard fil Hugo, Henry de Capella and others. Given by the hand of the Venerable father Ralf Bishop of Chester, our Chancellor at Tewksbury, the 28th day of -December, in the 17th year of our Reign. X. — Charter of John Lord Wake to the Burgesses OF THE Borough of Chesterfield. (From the Original amongst the Muniments of the Borough.) Omnibus xpi fidelibs presens scptu visur vel auditur Johes Wak Dns de Lidel et de Cestrefeud Saltm in Dno sempitnam novit universitas nra me concessisse et hac psenti carta mea confirmasse p me et hedibus meis in ppetuu hoibs meis de Cestrefeud qui de me et hedibs meis vl assignatis tenent et tenebunt burgagia in villa de Cestrefeud qd heant et teneant de me et hedibus meis vl assignat ipi et eor hedes vl assignati easdem libtates et libas consuetudines infra villa de Cestrefeud et extra et in omibs locis et p omia qs habuerunt de dono et con- cessione Willi le Brewer Senioris pdecessoris mei et p confirmacoem Dni Reg Henrici pats Dni Reg Edwardi et ptea p quandum finale Concordia sigillo Willi le Brewer Junior sigillata ita scils qd ipi Burgenses et eor c 34 hedes vl assignati heant omnes easdem libtates et libas consuetudines in ombs locis et p omia quas Burgus Notigham habet et qd sint libi Burgenses in ppetuu et qeti de tollonio et releivis in ppetuu et de sectis cur (here is an erasure). Wappentack et de misis scotage (custage) oimod et talliag : Hoc tn excepto qd tallia- buntr qndo Dns Rex talliat Burgos suos et tunc racion- abilit talliabuntr hoc p precepti Dni Reg Similr et seniores filii eorum habebunt easdem libertates et libas consuetudines Hcet no heant burgag viventibus ancessori- bus et pribus eordm et tenentibus burgag unde erunt hedes et ceti aut fihi et filie burgens habebunt hbertates et libas consuetudines si mcandiare voluunt et dabunt m et hedibus meis annuatim tres denar p libertatibs hndis donee sibi burgag adquisierint et tunc dabunt _^m et hedibus meis ad ingressu qtuor denar et Bedello unu denar et clico unu denar ad ponend nomen eor in rotulo et tuc no dabunt ampli tres denar p annum et omnes tenentes in villa residentes venient bis p annu ad cur meam et hedu meor et psentabnt et respondet de articul pacem Dni Reg tangentibus except braccatoribus' et effusione sanguinis ac huches q no presentabunter et ibi venient n alibi sint ad pacem Dni Reg et habnt raconales simonicoes et venient ad curia qn bre Dni Reg est in curia et ad indicand latrones si necesse sint p rationabil simonicoes qndeci diem et unqsq burgenses essoinabit aliu ad curia sine calupnia qndo fuint absent et null q ht libertates vl sit Burgens no amcietr ad pi vl alci nulla decausa n ad tres denar hiis tantu except bracia- coribus bis p annu si se adquietare no possunt qd non vendiderunt contra assisam Dni Reg et Pistoribs si furma nint et vendiderunt pane contr assissam Dni Reg et ecia hiis q effudint sangne et sup hoc covicti fiunt p * This word is either " braccatoribus " or " braciacoribus." ■ 35 querella et no aliter et eciam hiis q desptu fecint m et hedibus meis vel assignatis seu ballis nostris si super hoc covicti fiunt et si aliis burgens de istaru aliq quatuor reru covict sint scundem qntitatem delicti p pares suos amercietr nuUus extraneus mtbit burgag nc habet seisina anqm m et hedibus meis vel ballivis nostris satifFecitr et burgens modo suo antique ptito et si filii vel filie burgen dantes libertate p annum scil tres denar sibi burgag adquisierint vl de dono legato empcoe aut de jure aut aliquo alio modo tuc no dabnt ampli tres denar ad libertate p annu et si filie burgag tenentes se maritare voluint tunc mariti filiar venient ad pxm cur et dabnt m et heredibs meis quatuor denar et bedello unu denar et clico unu denar ut prius dictum est et filii eorum erunt burgenses et mariti filiarum burgag tenentes p legem Anglie pt morte uxor suar erunt burgenses in tota vita sua et heredes de dca muliere pcati et filii et filie hebnt libertates predictas in ppetuu et si maritus adqsierit sibi burgag vivente uxore sua ipe et hered sui erunt burgenses in ppetuam null alius prtrquam burgens vluabit se- cabit aut emdet pannos lineos vel laneos nc coreas vel pelles virid crud recent aut salicas emat in mcato vl inft-a villa de Cestrefeud et si fecint pannor secator rempteres corea vl pellui amittant pannos secatos et coreas et pelles emptr et statim capiantr ad opus mcatis ville p aliquo de mcato ville sine ballo put a tempo ptico fecerunt et pt qm feofati fuunt except octo diebus tempo Nundum de Cestrefeud et burgenses hebunt Gilda sua mercatoria cu omnibus rebus dcam gilda tangentibus et nullo for- stallari vl reglatari emat in foro p dies sabbi aliquid gen victual vl pvandi anqm pma pulsetr ne mangnates et pbi hoies de Patra et burgenses impediantr ad emend sua necessar in foro an hoia p me et si qs hoc fecit tunc amittet oia empta rea de quibs covenit emendi et oia 36 sit emp et de quibs covenit atachiant ad opus mcatis ville et nichilomin faciet bonas emendas m et hedibus meis sicut consuetudo est et Vidue dotate reorum scdi viri in tota vita viduar tenant burgag in dotem erint bur- genses ut prius dictum est de maritis filiarum. Sz viri talm viduarum no hbnt libertates pt morte uxorum suarum ni medio tempe sibi burgag adqsierint et hebnt pastura sua et communia sua et molas suas manuales in burgag suis et electoem sua ppria de coburgensibus suis ut in iqsicoibus et assisis sine impedimento alicui put ab antique et ptqm feofati sunt here cosuevert et ecia furna ad furniand pane suu ppum nisi pane braiaco qoimodo debet furniri ad furnu meu et heredu meor. Et null erit tinctor vel tanator aut cutis tannati secator ni fuit burgens aut velit satisface m et heredibus meis et Bur- gensibus et null ho ptqm burgens amputabit carnes vl pistes infr villa de Cestrefeld et pistori ementes bladn infra villa vel hntes bladu ad furniand pane ad vendendum cuicuqs sint non exptabntr ad molend bladu suu ad molendinu meu et heredu meorum n p unu diem et p una noctem tm p munico molendinar et si cunc molere no possint ducent bladu suu ad molendu ubi voluunt Et furmabunt pane ad vendendum ubi voluunt et cu vendet qn et ubi voluunt excepto pane braiato ut pdcm est Et ego Johes Wake et hed mei vel balli nostri no ponem burgens ad sacmentu nisi per eorum voluntatem sine prcepto Dni Reg nisi bis per annum. Nullus ho heat lot neq scot cu burgenses de mercand emp p ipsos vl p . aliquos suoru infra villa de Cestrefeud nisi Burgenses sed ipi Burgens vl sui servientes loco suo hebent lot et scot cu omnibus aliis more suo consueto et antiquo. Et burgenses assidebunt et fige facient seldas suas ubi volu- unt in feria sine licentia mei et hered meorum vel balliv nrtrum sicut ab antiquo face consueverint sine aliquo 37 dono. Et Ego Johes et hered mei hebum omnes seldas eorum quas tenet de me et hedibus meis tempe Nundm si voluimus et omnes q tenet in capite de me et hedibs meis-ab antique et modo tenet et ptea tenebunt habebunt libertates prdictas. Et si vendidunt burgag vel reddit que p Burgag m et heredibus p annum reddnt aut redde soleb ant aut debet tunc si voluunt et reddant m et hedibus meis tres denar p annu p libtatibus hndis. Et si aliqs capt fint p suspicoe latrocinii vel p latricinio p ballos meos seu hedu medr sine assensu burgens tunc de custibs et in piculo bailor et non mei seu heredu meor salvo custodiatr done debito modo delibetur vl ad Gayola Dni reg mittetr et si p cocessu ballov et burgens capiantur tunc de custibus burgenses et in piculo eordm custodiant in prsona mea et hered meor done delibentr ut prius dictum est et deducent ad Gayola Dni Reg de custibus Burgens et Burgensis nichil dabnt p allocac prsone mee vel ferroru meor et burgens heant et teneant omnes alias libtates et libas consuetudines in ombs rebus et locis qs Burgus Notingh habet et si aliquis balls positus sint in pdca villa q contra eorum libertates et consuetudines face p supscrit emendabit et pdti burges et eorum hed vel assig- nati hbnt et tenebunt de me t hedibus meis vel assignatis nostris omnes libertates et libas consuetudines pdcas libe quiete bn in pace jure in feodo t hereditate in ppetuu sine aliquo impedimento seu recevemento. In cujus rei testimonium Ego Joh Wake pro me et hered meis psenti scpto dentato in modo cirographi cosecto penes pdcos burgenses et heres suos remaneti sigillu meu est appensum. Hiis testibus Dno Johe le Bigot fre Count Marescall, Dnis Radulpho fil Willi Bald Picot, Thomas de Cadurs, Walto de Gousel, Rogo le Bret militibus, Willo le Bret, John de Eyncourt, Roger le Breton, Willo de Somville, Willo Funces et multis aliis Dat apud 38 Kirkebi Moreshieved Tercio Kalend Junii Anno Regni Reg Edwardi fil Reg Henrici Vicesimo secundo. (Translaiion.) To all Faithful Christians by whom this present writing shall be seen or heard. John Wake, Lord of Lidel and of Chesterfield, Health Eternal in the Lord. Be it known to .all men that I have granted and by this my present Charter have confirmed for myself and my heirs for ever to my men of Chesterfield, who of myself or of my heirs or assigns hold or will hold burgage (tenures) in the Town of Chesterfield that they their heirs or assigns shall have and hold of myself and my heirs or assigns the same liberties and free customs within and without the Town of Chesterfield, and in all places and for all things, which they had by the gift and concession of William the Brewer the elder, my predecessor,' and by the confirmation of the Lord King Henry, father of our Lord Edward the King, and besides by a cer- tain final concord, sealed with the seal of William Brewer the younger, that is to say, that they the said Burgesses and their heirs or assigns shall have all the same liberties and free customs in all places and for all things which the Borough of Nottingham has, and that they are free burgesses for ever and quit of taxations* and reliefs for ever, and of suit of court [an erasure here]. Wapentakes, and of costs, charges, and expenses of all kinds and taxations, this only excepted, that they shall be taxed as the Lord King shall tax his Boroughs, and then reasonably taxed, and this likewise by the pre- cept of the Lord the King, , and their eldest sons shall 1 No trace of this Grant can be found. • Perhaps tolls, but the context shpwSi that these tolls were other than Taxation, levied by the King on his Boroughs of Ancient demesne, -to which alone Boroughs of Ancient demesne were liable. 39 have the same liberties and free customs, but they shall not, whilst their ancestors and fathers, tenants of the same burgage, are living, hold the burgage tenures of which they are the heirs ; and the- other children, whether sons or daughters of Burgesses, shall have liberties and free customs if they wish to become merchants, and shall give me and my heirs annually three pence for having the privileges until each one shall acquire to himself a Burgess part, and then shall, upon entering upon it, give me and my heirs four pennies, and to the Bedel one penny, and to the (Town) Clerk one penny for placing their names on the Roll, and afterwards shall not give more than three pence per annum. And all tenants residing in the town shall come twice a year to my Court and to the court of my heirs, and shall present and answer concerning articles touching the peace of our Lord the King, except money coiners (?) and spillers of blood (assaults) and hue and cry which are not to be presented. And shall come there nor go elsewhere for the peace of the Lord the King, and shall have recognizance (raconales) summons (simi- nocoes) and shall come to the Court whenever the Brief of the Lord the King is in Court, and for discovering robbers, if there should be necessity, by reasonable sum- mons of 15 days, and any one of the Burgesses shall essoin another to the Court without censure whenever they should be absent, and no one having liberties or who is a Burgess shall be amerced in any cause for more than three pence, these cases only excepted: — Brewers (?) twice per annum if they are not able to acquit themselves that they have not sold . contrary to the Assize of the Lord. the King, and Bakers if they bake and sell bread contrary to the Assize of the Lord the King, and also those who spill blood, and for this are 40 convicted upon complaint and not otherwise; and also those who are guilty of a contempt against me or to my heirs or assigns or our bailiffs, if upon this they are convicted. Also if other Burgesses are con- victed of other offences besides these four according to the gravity of the wrong by their fellows they are to be fined. No stranger shall purchase a Burgess part or have seizin before that they satisfy myself or my heirs or my bailiffs and the Burgesses set out in their ancient manner, and if the sons or daughters of Burgesses giving 3 pence annually for their liberties shall acquire a bur- gage part to themselves, either by gift, legacy, by purchase or by right or by any other manner, they shall not give more than three pence per annum for their liberties. And if the daughters holding Burgess parts wish to marry then the husbands of the daughters shall come at the next Court and pay to me or to my heirs four pence, and one penny to the Bedel, and one penny to the (Town) Clerk as aforesaid, and their children will be Burgesses, and the husbands of the daughters Burgage tenants will be Burgesses by the law (curtesy) of England after the death of their wives for the whole of their lives, and the heirs of the said women and their sons and daughters shall have the said liberties for ever. And if the husband acquires a Burgess part during the life of his wife he and his heirs will be Burgesses for ever. No others besides burgesses shall value,' cut up' or sell cloth, linen or woollen, wax, or skins fresh, raw, cooled, or salted, bought in the market or within the Town of Chesterfield, and if they do the cloth, cut off or rem- nants, wax, or skins, they shall lose, and the cloth, remnants, and wax and skins so purchased, and forth- with they are to be taken for the use of the market of I Bargain — decide upon the price. ' Perhaps decide. 41 the town by any one of the market in the town, without the bailiffs as they did from the time aforesaid and after they were enfeoffed, except during 8 days at the time of the Fair of Chesterfield, and the Burgesses shall have their own Merchant Guild with all things to the said Guild per- taining, and no forestallers or regulators shall buy in the market on the Saturday any thing of the kind of victual or provender before that it is first stamped, lest the Magnates and Honest men of the Country and the Bur- gesses are hindered in buying these necessaries in the market, or men for me. And if anyone should do this then he shall lose all the purchases of things of which he covined in buying, and all things bought and which he covined shall be attached for the benefit of the market of the Town, and notwithstanding (besides) they shall do good amends to me and to my heirs as the custom is. And widows being endowered of goods, their 2nd husbands during the whole life of the widow holding the Burgage in dower, shall be Burgesses as before is said of the husbands of daughters ; but the husbands of such widows shall not retain such liberties after the death of their wives, unless in the meantime they acquire for themselves burgess rights, and have their own pasture, their own Common rights, and their own hand-mills (?) in their own burgess part, and the choice in their own right with their co-burgesses as in inquisitions and assizes without any impediment as from ancient days and as they are accustomed to have after they are enfeoffeed. And also (they shall have) ovens for baking their own proper bread except malted (?) bread which of all kinds ought to be baked at my oven and the oven of my heirs. And no . one shall be (tinctor) painter or tanner, or skin tanner, or cutter who is not a Burgess or who is not willing to make satisfaction to me 4.2 and my heirs and the Burgesses, And no one, except he be a burgess shall cut up meat or loaves within the town of Chesterfield, and Bakers selling corn within the town or having corn for baking bread for selling to any one are not expected to grind their corn at my mill and at the mill of my heirs, except for one day and one night unless by the free will of the miller, and if it happens that the miller cannot work they shall carry their corn to what mill they please and bake bread for selling where they will and when sold how and where they please, ex- cept malted bread as aforesaid. And I John Wake and my heirs or my bailiffs will not put any burgess to the oath unless by their free will but by the precept of the King, except twice a year. No one shall have lot or scot with the Burgesses in buying merchandise for himself or for any other within the Town of Chesterfield unless they are Burgesses. But these Burgesses or their servants shall have lot and scot in their own places with all others as they are allowed by custom and antiquity. And the Burgesses shall set down and affix their stalls where they will in the market without the license of myself my heirs or my Bailiff's as they are accustomed to do from ancient days without any gift. And I John and my heirs shall have all their stalls which they hold of me and of my heirs during the Fair if I desire, and all who hold in capite of myself or my heirs from ancient days and now hold, and besides shall hold in future shall have the aforesaid liberties. And if they shall sell a Burgage part or rent which for a Burgage part to me and my heirs is paid each year or is accustomed to be paid or should be paid then if they desire they shall pay rent to me and to my heirs three pennies per year for having liberties. And if any are taken upon suspicion of rob- bing or for robbery by my bailiffs or those of my heirs 43 without the assent of the Burgesses then they are in custody and at the peril of the bailiffs and not of myself or my heirs saving the Custody until in due course they are tried or sent to the Gaol of the Lord the King, and if they are taken with the consent of the Bailiff and the Burgesses then are they in the custody of the Burgesses and at their peril they shall keep them in my prison and that of my heirs until they are tried as before said and takea to the Gaol of the Lord King out of the custody of the Burgesses and the Burgesses shall give nothing for allowance for my prison or my stocks (chains) . And the Burgesses shall have and hold all other liberties and free customs in all things and places which the Burgesses of Nottingham have, and if any bailiffs are placed in the said Town who act contrary to these liber- ties and customs as before written they shall be corrected and the said Burgesses and their heirs or assigns shall have and hold of me and' my heirs or my assigns all the said liberties and free customs aforesaid, freely, quietly, fully, in peace, in right, in fee and inheritance for ever, without any impediment or reservation. In testimony whereof I John Wake for myself and my heirs this present writing indented after the manner of Chierographs and in the power of the said Burgesses and their heirs to remain, have appended my seal before these witnesses, Lord John Bigot, brother of the Earl Marshall Lord Ralf fitz William Baldwin Picot, Thomas de Chaworth, Walter de Gousel, Roger le Bret, Kts., Willo le Bret, John de Eyncourt, Roger le Breton, William de Somer- ville, William Fraunces and many others. Given at Kirkeby Moorhead, the third kalend. of June, in the year of the Reign of the King Edward, son of King Henry, the 22nd. NoTE.-The Chartulary of Beauchief Abbey fol. :oo gives a Charter by Hufth Wake, giving freedom to the Canons to buy and sell in bis Town of Chesterfield. 44 both in shop (domo) and in market, and without the whole wapentake of Scarsdale without paying toll or custom. Dr. Pegge (Beauchief Abbey) thinks this was that Hugh who died 26 Hy. III., but probabilities rather point to his successor, who was living 4 Ed. II. Amongst the schedule of papers in the Chesterfield Corporation Chest in 1789, (but most of which, and this amongst them, disappeared be- fore the accession to office of Mr. Cutts the present Town Clerk), was a French Lease, dated 5 Henry IV., by Dame Johanna Countess of Kent, and . . . de Wake to Thomas de Annersley, William Kalale, Roger Herdwyck, John Calale, and Roger Wormhill, of the Manor of Chesterfield, except the advowson of the free chapel called The Leyht of St. Leonard, they paying to her at the Manor of Brua 8s marks per annum, 9 marks to be paid to the Chapel of St. Leonard. This Chapel was no doubt the Hospital of Lepers, at Old Spital, near Chesterfield. XL— Charter of King Edward IV., dated the 17TH DAY OF August, in the 4TH Year of his Reign, TO THE Burgesses of Chesterfield, confirming THE Charter of King Henry III, Wi)t ^ttonti (great Charter to tt)t MvouQi) of Cfttsterftcni* (From the Original Charter now in the Muniment Room of THE Corporation of Chesterfield, recovered and restored to THE Borough by Mr. Alderman Gee, Mayor of Chesterfield, ON the 8th day of April, 1884). Edwardus Dei Gra Rex Anglie et Francie at Dns Hiberne. Omnibus ad quos presentes Ire pervenerint Salutem Inspexims Cartam Domini H nupef Regis Anglie tercii post conquestum pmogenitoris nostri fcam in hec verba : — Henricus Dei Gra Rex Angl Dns Hybn Dux Norm et Aquit Com Andeg Archiepis Epis Abbi- bus Prioribus Comitibus Baronibus Justic Vicecomitibs Prepositis Ministris et omnibus Ballivis et Fidelibus suis Salutem Sciatis nos concessisse et hac carta nostra con- firmasse pro nobis et heredibus nostris hoibs Willi Briwerr qui de eo tenent et tenebunt in Villa de Cestre- 45 feld libertatem qm eidem Wills eis concessit scilicet qd sint liberi Burgenses et qd ipi et heredes sui heant et teneant de eodem Willo et heredes suis easdem libtates et libas consuetudines inf villain et extra villana et in omnibus locis quas Dns J Rex Angl Pat nr eidem WiHo concessit et carta sua confirmavit in eadem villa et secdm qd carta ejusdem Dni J Regis ptris nri quam idm Wills de eo habet et sicut carta pdci Willi qua pdci homines de eo habent ronabilr testatur Quare Volumus et firmit pre- cipimus pro nobis et heredibus nris qd pdci homines de Cestrefeld qui de pdco Willo tenent et tenebunt in eadem villa de Cestrefeld sint liberi Burgenses et qd ipi et here- des sui heant et teneant de eodem Willo et heredibs suis easdem libertates et libas consuetudines quas pdcs Dns J Rex pr nr eidem Willo concessit et carta sua confir- mavit in ead villa sicut predcm est. Hiis testibus : R mar Com Penbr, Petro de Ryvall, Capicer Pict, Rado fil Nichol, Godefrido de Craucumb, Galfrido Dispens, Gal- frido de Cauz, Ricardo filio Hugo, Henrico de Capella et Aliis. Data p manum venabilis ptrs Radi Cicestr Epi Cancellar nri apud Theokesbir vicesimo octavo die De- cembr anno regni nostri septimo decimo. Nos autem cartam pdcam ac omnia et singula contenta in eadem rata hentes et gra ea p nob et heres nrs quantum in nobis est acceptamus et approbamus ac dilcis nobis nunc hoibus ville de Cestrefeld et eorum successoribus ratifi- camus et confirmavimus put carta predict ranobiliter testat. In cujus rei testimonium has literas nostras fieri fecimus patentes. Teste me ipso apud Westmr Decimo septimo die Augusti Anno regni nri quarto. p sexdecem solidis et octo denariis solictis in hanapeo Upton. Ex p WiLLM MORLAND Henricum Upton Clicos. 46 (Translation.) Edward by the Grace of God, King of England and France, and Lord of Ireland. To all to whom these presents shall come Health. We have inspected the Charter of the Lord Henry, formerly King of England, the third after the Conquest our Progenitor made in these words : — Henry by the Grace of God, King of England, Lord of Ireland, Duke of Normandy and Aquitaine, Count of Anjou, to his Archbishops, Bishops, Abbots, Priors, Counts, Barons, Justices, Sheriffs, Reeves, Ministers, and to all his bailiffs and his faith- ful Health. Know ye that we have granted and by this our Charter have confirmed for us and our heirs to the men of William Brewer who now hold of him or who will hold in the Town of Chesterfield the freedom which the same William Brewer granted them, that is to say, that they should be free burgesses and that they and their heirs should have and hold of the same William and his heirs the liberties and free customs within the Town and without the Town, and in all places, which the Lord John King of England our father to the same William granted, and by his Charter confirmed in the same Town, and according to which Charter of the same Lord John the King, our father, which the same William had of him, and as the Charter of the said WiUiam which the said men had of him reasonably witnesses. Wherefore we will and firmly command for us and for our heirs that the said men of Chesterfield who now hold and who will hold of the said William in the said Town of Chesterfield are free burgesses, and that they and their heirs shall have and hold of the same William and his heirs the same liberties and free customs which the said Lord John the King our father to the same William granted and by his Charter confirmed in the same town 47 as is aforesaid. These witnesses R. Mar (shall) Count' of Pembroke, Peter de Ryval, Capicer Pict, Half fil Nieol, Godefrido de Craucumb, Galfred Dispens, Galfred de Cauz, Richard fil Hugo, Henry de Capella and others. Given by the hand of the Venerable father Ralf Bishop of Chester, our Chancellor at Tewksbury, the 28th day of December, in the 17th year of our Reign. We therefore holding and maintaining the said Charter and all and singular that which is recited in it and approv- ing thereof for ourselves and our heirs as much as we are able, do accept and approve and to our chosen men of the Town of Chesterfield and to their succes- sors do ratify and confirm in so far as the said Char- ter reasonably testifies. In testimony whereof we make these letters patent. As witness ourselves at Westmin- ster the 17th day of August, in the 4th year of our Reign, for 6 shillings and 8 pence paid into the hanaper. Upton. Examined by William Morland 1 rUyho Henry Upton J Xn. — Charter by Letters Patent of King Edward IV. TO THE Burgesses of Chesterfield, dated the I2TH DAY OF MaY, IN THE 20TH YEAR OF HIS REIGN, confirming TO THEM THE PRIVILEGES WHICH THEY POSSESSED AS TeNANTS OF THE AnCIENT DE- MESNE OF THE Crown of England, from the time WHEN THE memory OF MAN RUNNETH NOT TO THE contrary, (From the Original Letters Patent in the Muniment Room of THE Corporation of Chesterfield.) Edwardus, Dei gratia Rex Anglie, Francie, Dominus Hiberne, omnibus et singulis Vicecomitibus, Maoribus, Bullivis, Constabularius et aliis fidelibus suis tam infra 48 libertates quam extra ad quos presentes Ire pervenerint saltern cum secundem consuetudinem in regno nro Anglie hactenus optentam et approbatam hoies at tenentes de Antique Dominio Corone Anglie de theloneo stallagio chiminagio pontagio panagio picagio muragio lastagio et - passagio p totum regnum nostrum pdcum quieti esse debeant ac secundum consuetudinem pdictum hoies tenentes de Antique Dominio Corone Anglie a contri- bucoe expensarum militum ad Parliamenta nra et pro- genitorum nostrorum quondam Regnum Anglie p civitate comm veniend semp hactenus a tempore quo non extat memoria quieti esse consueverint nee non seen consue- tudinem superdictum homines et tenentes de maniorum que sunt de antiquo dominico ejusdem corone p tris et tenement suis que tenent de eodem dominio in assissis in juratis seu recognicoibus aliquibs ponetr non debeant nisi tarn de hiis que in cur hujusmodi mainor debent fieri de Mania Witintune BrimintuneTaptune Cestrefeld Buttorp et Echingtun in com Derb de Antiquo Dominio Corone Anglie existant siclit per quandam etificacoem nob in Cancellar nostrum p Theo C Camararii nostris de man- date nostro inde missam et comptam vobis cuibs vrm mumgimus et includimus qii omes et singulos homines et tenentes de manerios predictis de Theloneo stallagio chiminagio pontagio panagio picagio muragio lastagio et passagio et expensis miletum quietos esse pro'mittatis necnon eosdem homines et tenentes eorum maniorum in assisis in juratis seu recognicoibus aliquibus non ponetis nisi tantum hiis que in curia hujusmodi maniorum debent fieri contra consuetudinem supradictum et disquicocoem si quam eis vel eorum alieni hiis vicecombus fecitis sine dolone relaxistis eisdem In cujus rei testimonium has literas nostras fieri fecimus patentes Teste me ipso apud Westm duo decimo die Mai Anno regni nostro vicesimo. 49 (Translation.) Edward, by the grace of God, King of England and France, Lord of Ireland, to all and singular his Sheriffs, Mayors, Bailiffs, Constables, and others his faithful as well within the liberties as without, to whom these pre- sent letters shall come, health. Whereas, according to custom in our kingdom of England hitherto obtaining and being approved, the men and tenants of ancient demesne of the Crown of England ought to be free from tolls, stallage,' chiminage,^ pontage,^ pannage,* picage,' lastage,^ and passage,^ through the whole of our aforesaid kingdom, and according to the aforesaid custom the said men tenants of ancient demesne of the Crown of England from the time in which memory does not exist (from the time when the memory of man runneth not to the contrary) have always hitherto been accustomed to be free from contribution to the expenses of knights coming from their common town to our Parliament, and that of our progeni- tors formerly Kings of England. And also according to the custom aforesaid the men and tenants of manors of ancient dernesne of the same Crown for the lands and tenements which they hold of the same dominion should not be put upon assizes on juries or in any recognizances, except only for those which ought to be done in the court of these same manors. And Witington, Brimington, Tapton, Chesterfield, Boythorp, and Eckington, in the county of Derby, of the ancient demesne of the Crown of England now remain, as appears by a certain notifi- cation to us in our chancellerie by our treasurer and chamberlain by our command therein sent and reckoned to you and each of you, we charge and prohibit that all ^ The expenses of erecting stalls, " of maintenance of ways, ' of repair of bridges, * of the cost of feeding cattle in forest ways, '^ of the cost of breaking the lord's ground for stalls, ° the tax on selling goods (such as herrings) by the last, ' the passing over the sea. D 50 and singular the men and tenants of the manors aforesaid shall be free from tolls, stallage, chiminage, pontage, pannage, picage, lastage, and passage, and expenses of knights ; and also that you engage that you shall not put these same men and tenants of these manors upon assizes upon juries or upon any recognizance (except only those which ought to be done in the courts of these same manors) against the aforesaid custom and notification. If any thing to them or any of their men these sheriffs shall do without delay, ye shall release the same. In witness whereof we have made these letters patent. As witness ourselves at Westminster, the 12th day of May, in the 20th year of our reign. XIII . — Charter of King Henry VI I . confirming to the Burgesses of Chesterfield the great Charters OF Kings Henry III. and Edward IV., dated the 28th day of October, in the Tenth Year of his reign. €f)t €l)ivXi (great Charter tii tKje BorousI) of (From the Original in the Muniment Room of the Corporation OF Chesterfield.) Henricus, Dei Gra RexAnglie at Francie et Dominus Hibernie Omnibus ad quos presentes Ire pervenerint Saltern Inspeximus Iras patentes Dni E nup Regis Anglie quarti de confirmacoe fcas in hec verba : — Edwardus Dei Gra Rex Anglie et Francie et Dns Hiberne. Omnibus ad quos presentes Ire pervenerint Salutem Inspexims Cartam Domini H nuper Regis Anglie tercii post conquestum pmogenitoris nostri fcam in hec verba : Henricus Dei Gra Rex Angl Dns Hybn Dux Norm et 51 Aquit Com Andeg Archiepis Epis Abbibus Prioribus Comitibus Baronibus Justic Vicecomitibs Prepositis Ministris et omnibus Ballivis et Fidelibus suis Salutem Sciatis nos concessisse et hac carta nostra confir- masse pro nobis et heredibus nostris hoibs Willi Bri- werr qui de eo tenent et tenebunt in Villa de Cestrefeld libertatem qm eidem Wills eis concessit scilicet qd sint liberi Burgenses et qd ipi et heredes sui heant et teneant de eodem Willo et heredes suis easdem libtates et libas consuetudines inf villam et extra villam et in omnibus locis quas Dns J Rex Angl Pat nr eidem Willo concessit et carta sua confirmavit in eadem villa et secdm qd carta ejusdem Dni J Regis ptris nri quam idm Wills de eo habet et sicut carta pdci Willi qua pdci homines de eo habent ronabilr testatur Quare Volumus et firmit pre- cipimus pro nobis et heredibus nris qd pdci homines de' Cestrefeld qui de pdco, Willo tenent et tenebunt in eadem villa de Cestrefeld sint liberi Burgenses et qd ipi et here- des sui heant et teneant de eodem Willo et heredibs suis easdem libertates et libas consuetudines quas pdcs Dns J Rex pr nr eidem Willo concessit et carta sua confir- mavit in ead villa sicut predcm est. Hiis testibus : R mar Com Penbr, Petro de Ryvall., Capicer Pict, Rado fil Nichol, Godefrido de Craucumb, Galfrido Dispens, Gal- frido de Cauz, Ricardo filio Hugo, Henrico de Capella et Aliis. Data p manum venabilis ptrs Radi Cicestr Epi Cancellar nri apud Theokesbir vicesimo octavo die De- cembr anno regni nostri septimo decimo. Nos autem cartam pdcam ac omnia et singula contenta in eadem rata hentes et gra ea p nob et heres nrs quantum in nobis est acceptamus et approbamus ac dilcis nobis nunc hoibus ville de Cestrefeld et eorum successoribus ratifi- camus et confirmavimus put carta predict ranobihter testat. In cujus rei testimonium has literas nostras 52 fieri fecimus patentes. Teste me ipso apud Westmr Decimo septimo die Augusti Anno regni nri quarto. Nos autem Iras pdictas ac omnia in eisdem contenta rata hentes et grata ea p nob et heredibus nris quantum in nob est acceptamus et approbamus ac dulcis nuc hoibus ville de Cestrefeld et eorum successoribus ratificamus et confirmavimus put Itre pdic ronabiliter testant In cujus rei testimonium has literas nostris fieri fecimus patentes Teste me ipso apud Westm vicesimo octavo die Octobr Anno Regni nri decimo. (Translation.) Henry, by the Grace of God, King of England, Prance, Lord of Ireland, To all to whom these letters patent shall come, Health. We have inspected the let- ters patent of the Lord Edward, lately King of England, the fourth, being a confirmation made in these words : — Edward, by the Grace of God, King of England and France, and Lord of Ireland. To all to whom these presents shall come Health. We have inspected the Charter of the Lord Henry, formerly King of England, the third after the Conquest our Progenitor made in these words: — Henry by the Grace of God, King of England, Lord of Ireland, Duke of Normandy and Aquitaine, Count of Anjou, to his Archbishops, Bishops, Abbots, Priors, Counts, Barons, Justices, Sheriffs, Reeves, Ministers, and to all his bailiffs and his faith- ful Health. Know ye that we have granted and by this our Charter have confirmed for us and our heirs to the men of William Brewer who now hold of him or who will hold in the Town of Chesterfield the freedom which the same William Brewer granted them, that is to say, that they should be free burgesses and that they and their heirs should have and hold of the same William 53 and his heirs the liberties and free, customs within the Town and without the Town, and in all places, which the Lord John King of England our father to the same William granted, and by his Charter confirmed in the same Town, and according to which Charter of the same Lord John the King, our Father, which the same William had of him, and as the Charter of the said William which the said men had of him reasonably witnesses. Wherefore we will and firmly command for us and for our heirs that the said men of Chesterfield who now hold and who will hold of the said William in the said Town of Chesterfield are free burgesses, and that they and their heirs shall have and hold of the same William and his heirs the same liberties and free customs which the said Lord John the King our father to the same William granted and by his Charter confirmed in the same town as is aforesaid. These witnesses R. Mar (shall) Count of Pembroke, Peter de Ryval, Capicer Pict, Ralf fil Nicol, Godefrido de Craucumb, Galfred Dispens, Galfred de Cauz, Richard fil Hugo, Henry de Capella and others. Given by the hand of the Venerable father Ralf Bishop of Chester, our Chancellor at Tewksbury, the 28th day of December, in the 17th year of our Reign. We therefore holding and maintaining the said Charter and all and singular that which is recited in it and approving thereof for ourselves and our heirs as much as we are . able, do accept and approve, and to our chosen men of the Town of Chesterfield and to their successors do ratify and confirm in so far as the said Charter reasonably testifies. In testimony whereof we make these letters patent. As witness ourselves at Westmin- ster the 17th day of August, in the 4th year of our Reign. We therefore, the said letters patent and all things therein contained, confirming, holding, and approving of 54 the same for ourselves and for our heirs as much as lieth in us do accept and approve, and to our chosen, the present men of the town of Chesterfield, and to their successors, do ratify and confirm according as the said letters rea- sonably testify. In testimony of which we have made these letters patent. As witness ourselves at Westmin- ster, the 28th day of Odlober, in the loth year of our reign. XIV. — Charter of King Henry VIII., confirming TO THE Burgesses of Chesterfield the great Charters of Kings Henry III., Edward IV., and Henry VII., dated the 24TH day of May, in the Third Year of his reign. €f}t jTourti) ' 'i • Ki Lounde, Thomas (1556), 64 ; Wm. del (16 Ed. II.), 128; (9 Rich. IL) 143. Lowe, Humphrey (1661), 96; Wm. del (g Rich. II.), 142. Lowestodes, Thos. (6 Hy. VII.), 132. Luterell, Galfrido (1189), 10. Mablesthorpe, Gilbert (ii Ed. II.), 128 ; Roger (II Ed. II.), 128. Mandesder, Robert (17 Rich. II.), 131. Mannesfield, Hy. de (6, 15, 43 Ed. III.), 142-3-6; (4, 9 Rich. II.) 30,44; John de (10, 43 Ed. III.), 142-3 ; (9 Rich. II.), 142 ; Roger (9 Ed. V.), 144. Mar, Walter de, 123. Marchant, Richard (24 Rich. II.), 143. Ulnae, Richard de, 127. Ulnal, Richard de, 123. Ver, Henry de (1189), 10. yemon, George (1163), 138; Sir Henry, (6 Hy. VII.), 132. Viver John, (2 Hy. VII.), 142. Wadworth, John (1566), 64; (1598), 74; (1661), 96; Ralf (1566), 64; Rich. (1598), 80. "Wake, John, 33, 143. Walkinson, Wm. (5 Hy. VIII.), 142. Wardlowe, Nicolas de (19 Rd. II.), 131. Warwyc, Richard Earl of, 144. Waryn, Willo fil (X226), 29. "Wayfer, AUce (Hy. VI.), 131. Waward, John^ (23 Hy, VIII.), 142. Webster, Godfrey, (1621), 136; William,. (1566), 64; (15981,81. Wells, Hugo, Archdeacon of (6 John) 3,. 17 ; Simon do. (1199). i5- Wendysley, Richard (1568), 114. Westwode, Roger (3 Hy. IV.), 133. Watton, Michael (1663), 138. Wheldon, Hugh (1598), 79. Whithel, Wm. (16 Ed. IV.), 132. White, George (1663), 138. Whiting, Walter {2 Rd. II;), 145. WhittleweU, Robt. (9 Rd. II.), 142. Williams, John, 143. Williamson, John (12 Ed. IV.), 144. Wilson, John (23 Hy. VI.), 132; (1566),. 64. Witenton, i. Wode, John (23 Hy. VI.), 132. .Woodruff, John fil John (12 Ed. IV.), 144. Woodward, John {27 Hy. VIII.), 145 • Thomas (9 Hy. VI.), 144. Wormehill, Roger (5 Hy. IV.), 118. Worth, Robt. (1566), 64. Wytenton, John {34 Ed. III.); Robert (6 Ed. III.), 146; (21 Rd. II.), 145- Roger (23 Ed. III.), 142. Youle, John, 143 ; Rich. (x66i), 96 ; (i663> 138. Leader and Sons, Printers, Bank street, Sheffield. w: LfJI/li^JAiJ ,