Iff 3 ---¦A e- LETTERS AND PAPEBS JOHN SHILLINGFORD, MAYOR OF EXETER 1447-50. EDITED BY STUART A. MOGEE, F.S.A. PRINTED FOR THE CAMDEN SOCIETY. M.DCCC.LXXI. WESTMINSTER ; PRINTED BY J. B. NICHOLS AND SONS, 25, PAELIAMENT STREET. COUNCIL OF THE CAMDEN SOCIETY FOR THE YEAR 1871-72. President, SIR WILLIAM TITE, C.B., M.P., F.R.S., V.P.S.A. WILLIAM CHAPPELL, ESQ. F.S.A., Treasurer. WILLIAM DURRANT COOPER, ESQ. F.S.A. F. W. COSENS, ESQ. JOHN FORSTER, ESQ. D.C.L. SAMUEL RAWSON GARDINER, ESQ., Birector ALFRED KINGSTON, ESQ. SIR JOHN MACLEAN, F.S.A. SIR FREDERIC MADDEN, F.R.S. FREDERIC OUVRY, ESQ. Treas.S.A. EDWARD RIMBAULT, LL.D. EVELYN PHILIP SHIRLEY, ESQ. M.A., F.S.A. WILLIAM JOHN THOMS, ESQ. F.S.A., Secretary. THE VERY REV. THE DEAN OF WESTMINSTER, F.S.A. SIR THOMAS E. WINNINGTON, BART. SIR ALBERT W. WOODS, Garter, F.S.A. The CouNoii. of the Camden Society desire it to be under stood that they are not answerable for any opinions or observa tions that may appear in the Society's publications ; the Editors of the several Works being alone responsible for the same. CONTENTS. PART I. PAGE I. — Petition to the Lord Chancellor . . .1 The mayor and commonalty had a day to appear before the Chancellor, and have kept it according to the King's com mandment, and also have put in articles, answers, and re joinders, and done all things that they ought to do. Prays that the matter may be ended. II. — Shillingford to his Fellows at Exeter. [Draft Letter.] ...... 3 He left Exeter on Friday, and came to London on Tuesday at seven o'clock, and laboured to make answer to the articles, which he sends for approval. III. — Shillingford to his Fellows. [Draft Letter.] London, Oct. 30th, 1447 .- . . . .4 On I6th Oct. 1447, Eichard Druell and Harry Dobyn rode out of Exeter to London, to keep the appearance for the City in the Quinzaine S. Michael. The Mayor left Oct. 24, and reached Shaftesbury on Wednesday night. On Saturday 28 Oct. he came to London and saw the Lord Chancellor. He describes his reception and inteirview. On Sunday 29 Oct. he had another interview with the Chancellor, and also with the Chief Justice, and again with the Chancellor. IV.— Shillingford to his Fellows. London, 2 Nov. 1447 8 He has made a present of fish to the Chancellor. The cause was adjourned till Saturday. He has spoken about it to the Justice, who urges him to make a composition, which Shillingford refuses to initiate. The cause was again ad journed till Monday, when it came before the Chancellor and the two Justices. He describes the proceedings minutely. On Tuesday All Hallows Eve he received the answers to the City's articles, in which he is greatly libelled, desires money may be sent him, that the answers may be well understood and replied to, and that the Black Roll may be sent him. CAMD. SOC. a vi CONTENTS. PAGE v.— Shillingford to his Fellows. London, Sat. 11 Nov. 1447. [Draft Letter.] . . . .18 He was at Lambeth with the Chancellor on Sunday the 5 Nov. 1447, and spoke with him about the Answers to tbe City's Articles. On Monday in the Exchequer Chamber tbe Chancellor amended the answers himself. On Tuesday the cause came on again, and he describes the proceedings. The other party are to shew their evidences on Sunday next. VL— Shillingford to his Fellows. London ? Not. or Dec. 1447. [Draft Letter.] . . . -22 Dowrish and Speere saw the Chancellor on the Sunday before his arrival. New bonds are ordered to be sealed to en treat for a composition till Candelmass. Dowrish and Speere were before the Chancellor on Monday; the cause was post poned. Shillingford arrived in London on Tuesday ; he has not seen the Chancellor yet because h,e waits for the " buck- horn "¦ which was to be presented. Upbraids one Germyn for his negligence in not sending it. VII — Shillingford to one of the Bishop's Counsel. 14 Dec. 1447. [Draft Letter.] . . .24 Concerning tbe entreaty tb be had at home under the new bonds. Prays him to fix a place, day, and time for the con sideration of the matter, and expresses his desire for a " good end." A curious passage at the end has been struck out. See the note. VIII. — Shillingford to Dowrish. Exeter, Wednesday, Eve of St. Thomas the Apostle, Dec. 20, 1447 . . 25 Requesting him to help to make a good end of the matter ; with him are Radford and Hengston and William Beef. IX.— Shillingford to the Bishop. Exeter, 24 Dec. 1447. [Draft Letter.] . . . .26 The Lords before whom the matter is " in compremys " have postponed it until Candelmass with a command that the parties should endeavour to agree at home, as appears by a letter lately sent by the Chancellor to the Bisshop. The Mayor and Co- monalty are ready to agree. The City did not wish to dispute the Bishop's right to the Fee. The Church and Cemetery are distinct from the Fee, and not the same thing as it is now CONTENTS. Vll PAGE desired to be set up thia last term, contrary to the Bishop's first answer to the City's articles. Begs he will endeavour to settle the affair according to the effect of divers bulls of supplications put in by the Mayor to the Lords, of which he sends copies. X. — Instructions from Shillingford to his Deputy 24 Dec. 1447 ...... 29 Instructions to speak totheBishop anddeliveraletterfrom the Chancellor. He is to make excuses for the Mayor not bringing the letter himself. It is the Chancellor's command that " we intreat at home." The City is williog. The Mayor is hurt at some remarks of the Bishop's. XI. — Instructions to Shillingford' s Deputy going to the Bishop. (?) Deo. 1447 [Original and draft.] . 31 He is to make his excuses for not coming to his Lordship at Chudleigh. XII. — H. Webber, Priest, on behalf of the Bishop, to the Recorder (?) Chudleigh, 28 Dec. 1447 . . 33 Thanks for good will expressed iu the letter sent to him (the Bishop) on Sunday. The same day he had a long and diffuse letter from the Mayor of Exeter, stating that the Lords' command was that the matter shall he entreated at home in this vacation. The Bishop will order Copleston aud Hendeston to be at Exeter at the next sessions of the peace for that purpose. XIII. — Shillingford to his Fellows. London, 2 Feb. 1447-8. [Draft Letter.] . . . . .35 On Candelmas Eve he received their letter brought him by Harry Dohyn, which he has well understood. What to do he cannot yet be " redely avysed," but will do as best he can. XIV.— Shillingford to his Fellows. 3 Feb. 1447-8. [Original and draft.] * . . . .36 The buckhorn was presented on Candlemas day. Ou that day he was with the Chancellor at mass and presented his candle to him, and " abode there to meat by my lord's com mandment." Describes the scene and his conversations with the Chancellor about the cause. vm CONTENTS. PAGE XV. — The Mayor and Commonalty of Exeter to the Lord Chancellor. February 1447-8. [Draft Letter.] . 39 Praying him to write to the Bishop and desire him to con form to the King's commandment, and to stay the suit at common law. XVI. — The Archbishop of Canterbury to the Bishop of Exeter. Lambeth, 16 Feb. 1447-8 . .41 Begging him to refrain from proceeding at common law because the matter is by his labour and that of the Justices in course of settlement under the bonds that were made to Candelmas last. Trusts that a composition may be made, and if any diflBcult point arise the judges will settle it. XVIL— The Chancellor to the Chief Justice . . .42 Urging him to use his influence with the Bishop for an en treaty to he had at home. XVIII. — Instructions to Richard Druell, drawn by Shillingford. Lent, 1447-8, [Draft.] . . . .42 Druell is to recommend the Mayor, &c. to the Lord Chan cellor. Pray him to remember how the Mayor last departed from him, and specially of the communication had with him the Sunday moming before the Mayor departed in his " ynner chamber " at Lambeth. He abided till Tuesday, and had a letter to the Bishop of Exeter. Also tell him he sent his letter to the Bishop by John Hulle, John Coteler, and you Richard Druell. The Bishop sent Canon Kys to treat with the Mayor, who refused to treat with any one but the Bishop; but they agreed to refer matters to counsel on either side, and met at the Cathedral, Copleston, Kingston, and Wood for the Bishop, and Radford, Hody, Beef, and Dowrish for the City. No answer yet given to the City's articles. The Bishop sent word to the Mayor that he_would be at Exeter to meet him. In the evening the Mayor waited on the Bishop. The Bishop spoke with him. The Mayor attended at the Cathedral on Monday moming " at 10 atte belle," and was assigned to come before the Bishop in the Chapter House. ? Lent, 1 447-8. XIX. — Shillingford to the Chancellor. Soon after 13 March 1447-8. [Draft Letter.] . . . .50 The parties have been in treaty before Sir Richard Newton, Chief Justice of the Common Pleas, at Exeter, and also before the Bishop at Crediton. Hopes for a " gode end." CONTENTS. IX PAGE XX.— Shillingford to Draell. After Lent, 1447-8 . 51 Instructions to speak to the Chancellor upon the matter. XXI. — Shillingford to his Deputy in London. Instructions to speak to the Chancellor. Soon after Easter, 1448 54 Desires more time to answer the Bishop's new articles. Search to be made among the public records for evidence. Since " our departyng from London " the canons have changed their conduct, and behave peacefully. XXII. — A Memorandum sent by Shillingford to Speer in London, to be delivered to the Chancellor. After 10 April, 1448 . . . . .59 Upon the breach at Tiverton between Radford and Hengston the Mayor spoke to Harry Webber, and the matter was put to the arbitration of Radford and Coplestone, but the entreaty is broken off again, he knows not why. XXIII.— William Spere to Shillingford. After 19 April, 1448 ...... 61 Has arrived in London and delivered the Mayor's letter to the Chancellor to Radford, who said he would present it the next day, and would see the Chief Justice. The matter was on in the Common Pleas, and was postponed. Describes the scene at dinner, when the letter was delivered to the Chan cellor, and reports fully upon the proceedings iu London. XXV.— SHUingford to his Fellows. (?) April, 1448. [Draft Letter.] . . . . .65 Was at Windsor on S. George's Day [23 April], and tarried there all day. Wednesday he came to London. The blame of the breaking off the last great entreaty at home thrown on the City, because they would not agree to give up the power to arrest canons and servants in the churchyard. They came before the Chancellor and two Justices at Lambeth, " after mete." Hengston not being there it was adjourned to the Exchequer Chamber till. the morrow. XXVL— Shillingford to his Fellows. (?) 24 May, 1448. [Draft Letter.] . . . . .67 He left Exeter on Wednesday next after Corpus Christi, and reached London on the Saturday following. He describes his interviews with the Chancellor and the two Chief Justices. CONTENTS. XXVII. — Petition of the Mayor and Citizens of Exeter to the Lord Chancellor and the two Chief Justices . 69 The evidence being ready, they pray for a day for the cause to be heard before the Lords, according to the King's com mandment. The matter " hath honged yn debate by tyme of iiij yere, of which tyme almost two yere yn yntrete." This petition appears to have been appended to a brief of the evidence produced before the Chancellor and the Justices. No. XXIX. is evidently taken from it. XXVIII. — A Memorandum of an Address to Sir Richard New ton at the Assizes, desiring him to decide the matter, with the assistance of Sir Philip Courtenay and Sir William Bouevyll. (?> August, 1448 . .70 XXIX. — Petition of the Mayor and Citizens to the Earl of Devonshire, Sir Philip Courtenay, and Sir William Bonevyll, praying them to make an end of the matter, which had been " yn debate by tyme of iiij yere, of the whiche tyme almost ij yere yn entrety " . . 71 PART II. XXX. — The Mayor's Articles of Complaint ' against the Bishop, Dean, and Chapter . . .75 Thees hen the articulis of the right grete injuries and wrouges done by the Bishop Dean aud Chapitre yn severall and comyn of the Cathedrall Churche of Seynt Peter of Excetre theire minesters officers servantis and tenauntys done to the Maier Bailliffs and Communalte of the same Cite by protestaciou to resorte to theire name of corporacion ac cordant to theire title of prescripcion grauntis of the Kyng and his proginato''s to syne and to be syned. XXXI. — The Mayor's Articles of Complaint against the Bishop, Dean, and Chapter. [Draft.] . . 80 XXXII. — Draft of Article IX. of the Mayor's Articles of Complaint . . . . . .93 CONTENTS. XI PAGE XXXIII. — The Answers of the Bishop, Dean, and Chapter, to the Mayor's Articles . . . .95 Thes ben the Answeres of the Bisshop of the Cathedrall Chirch of Saint Petre in Excetre Dean and Chapitre of the same to the Articles of compleynte ayens hem purposed by the Maier Baillyfs and Comminalte of the Citee of Excetre. XXXIV. — The Mayor's Replications to the Bishop's Answers . 105 These buth the repplicacons of the Maier Baillifs and Comminalte of the Citee of Excestre to the Answeris of the Bysshop Dean aud Chapitre of the Cathedrall Churche of Excestre. XXXV. — The Bishop's Articles against the City to prove that the Bishop's Fee is distinct and separate from the City . . . . . .114 These maters folwyng prove that the Cathedral Churche of Excetre and the Cimitere thereof and also the Bysshoppis fee there, otherwise called Seynt Stephenys fee, buth distyncte and ceparate fro the Cyte of Excetre. XXXVI. — The Mayor's Answers to the Bishop's Articles of Proof ...... 116 These bene the Aunswerys to the Articulis of Provys y putte yn by the [Bysshopp Deane and Chapitre of. the] Cathe drall Churche of Exeter ayens the Mayer Baylyfs and [Com minalte of the same Cite to prove that the] seide Cathedrall Churche the Cymetere thereof and that [they calle now the Bysshoppis fe otherwyse and rather y] called Seynt Stephens ys fee aud nowe otherwyse they calle [the Bisshoppis fee] sholde be ceparate and distyncte away fro the seyd Cytee. XXXV.* — The Mayor's Answer to the Replication of the Answer of the Bishop . . . . .126 These hen the Answeres of the Mayer Bailliffs and Com minalte of the Cite of Excetre to the Replicacion of the An sweres to the Articlis of Compleyntys of the Right Reverende Fader yn God the Bisshop of the Cathedrall Churche of Seynt Peter of Excetre, the Dean and Chapitre of the same Churche. * This and the followdng Numbers have been inadvertently wrongly printed in the text. They should be numbered two on. Xll CONTENTS. APPENDIX. PAGE XXXVI.— The Mayor and Citizens of Exeter to the King . 133 Petition praying for the withdrawal of a Privy Seal by which the matters in dispute between the Bishop and the Dean and Chapter of Exeter and the Mayor and Citizens are ordered to be removed out of common law and put to the arbitration of the Lord Chancellor and two Justices. XXXVII. — Bond from the Bishop and the Dean and Chapter to stand to the award of the Chancellor and two Chief Justices . . . . .135 XXXVIII. — The final Agreement between the Bishop, Dean and Chapter, and the Mayor, Bailiffs, and Commonalty . 136 XXXIX. — The Bond to perform the Covenants of the foregoing Deed . . . . . ,140 XL. — Petition of Shillingford to the Chancellor for aid towards the repairing of Exb ridge . . .141 To the most reverend fader in God John Cardynall of Engelond and Archebisshop of Yeork. XLI.— Extract from the Mayor's Court Roll, 23—24 Hen. VI., m. 21, respecting ShilUngford's election as Mayor ...... 142 XLII. — Extracts from the Accounts of the Receivers of the City of Exeter relating to the suit . . .143 INTRODUCTION. The Letters and Papers now first published were found dispersed among the Archives of the Corporation of Exeter. They now consist of broken fragments of what was once a very curious collection. Some of the letters were found in the cupboards of the old Council Chamber, in the gallery of the Guildhall (now pulled down), but a great number had lain for years under the very tiles of the Guildhall roof, whence I rescued them from imminent destruction from damp, in the course of my task of arranging the very valuable and voluminous collection of Archives of the City of Exeter. They consist of Letters and Papers relating to a suit brought against the Mayor and Citizens of Exeter by Edmund Lacy, the Bishop, and the Dean and Chapter of Exeter. The imperfection of the collection is greatly to be regretted, as it is difficult from what remains to obtain a clear idea of the progress of the dispute to which it relates. The quarrel seems to have been one of long standing, and turned upon a matter of great consequence in those days, viz. the respective jurisdictions of the Mayor and Corporation, and of the Church. The Mayor claimed sole jurisdiction within the whole City, in cluding the Bishop's Palace. The Bishop and Dean and Chapter claimed that the Bishop held a fee called the Bishop's Fee, or Saint CAMD. SOC. h XIV INTRODUCTION. ¦Stephen's Fee, separate, distinct from, and out of, the jurisdiction of the Mayor. The dispute appears to have grown up through a long course of years, for we find, as far back as 11 Henry VI., A.D. 1432-3, on the Common Pleas Koll that the Bishop brings his action at common law for an infringement of his liberties when the Mayor attached two knives in the Bishop's Fee, by colour of a present ment made in the Mayor's Court ; but the immediate ground of action was a far more serious offence, and would almost seem to have been intended on the part of the City to provoke the suit. On Ascension Day, 23 Henry VI. a.d. 1445, the Sergeant-at-Mace arrested one John Vouslegh, the servant of John Snetesham, Chan cellor of the Church of Exeter, in the Bishop's Palace, at the suit of one William Wynslow, when the said Vouslegh was holding up from the ground a golden cope which his master was wearing, going in procession of divine service.* At first one was inclined to look upon this as an exaggeration on the Bishop's part ; but, as the allegation is not denied by the Mayor, we are forced to the con clusion either that the Sergeant was highly indiscreet, or that the Mayor intended to bring the question to an issue. The Bishop's suit is also brought for the arrest of one John l^otte. Clerk in the Close, on 14 April, 24 Henry VL, A.D. 1446, at the suit of John Huset, skinner, and of Thomas Kene, clerk, on 3 November 25 Henry VI. , a.d. 1446, at the suit of John Batyn. The damages were laid at £1,000. The suit was commenced in Hilary Term, 26 Henry VL, A.D. 1447. The City appeared and pleaded in Trinity * " Quandam capam auream qua idem Magister suus eundo in processionem divini servicii tunc utehatur ibidem a pulvere terre supportandum." County Placita, Public Record Office, Devon, No. 72. INTKODUCTION. Term following, and the suit was then postponed till Hilary Term, 27 Henry VL, a.d. 1448, when it was appointed to be heard at Barnstaple, before Sir Eichard Newton, the Chief Justice of the Common Pleas, and Sir Nicholas Ayssheton, Justice of the Common Pleas, on Monday after Saint Lucy the Virgin, 16 December, 1448, when a verdict was entered for the Bishop, according to the terms ofthe Agreement printed at p. 136, No. XXXVIII. The mayor and citizens do not appear to have been altogether the aggressors, but, as the quarrel was an ancient one, difficulties were evidently of constant recurrence. It would seem as though Shillingford, finding that it was absolutely necessary to bring the afTairs to a crisis, and so to try the vexed question of jurisdiction to the end, had determined to provoke the Church party to a suit. We gather from the Articles that the mayor and balllflrs had great difficulty in keeping order In the city on account of the division or supposed division of the jurisdiction. The Bishop's tenants appear to have been great offenders in this particular, and to have defied the Mayor's authority. The Mayor's Articles of Complaint show that one Hugh Lucays, a tenant of the Bishop's, " the most or one of the most mysgoverned man of all the City of Exeter,'' made afiray upon one Eichard Wode In the High Street and was arrested by the Serjeant-at-Mace ; but escaping from his custody he fled to the Cathedral, when the City's Officers following him In hot pursuit en tered the Church to bring him forth. There, however, they met with opposition from the Canons and Ministers of the Church, who, if we are to believe the complaints of the Mayor, proved themselves very valiant defenders of the accused, and soundly beat the City's officers, defending their man with swords and knives. The prisoner seems to have made good his escape. xvi INTRODUCTION. The suit was postponed from term to term, till the Bishop, finding probably that the legal proofs of his claim were weak, procured a Privy Seal from the King ordering the matter to be settled by the arbitration of the Lord Chancellor Archbishop Kempe, and the two Chief Justices, Sir John Fortescue and Sir Eichard Newton. This proceeding appears to have been equivalent to what is now-a-days called referring the matter to a special case or taking the suit from Common Law to Chancery. This turn of affairs appears to have been hugely unsatisfactory to the Mayor and Citizens, who there upon petitioned the King for the recall of his Privy Seal, stating In very plain language that his action in the matter was illegal and contraryto the provisions of Magna Charta. (SeeNo. XXXVI.) They also petitioned the Lord Chancellor for the same purpose, but to no effect. At last the matter was compromised by the award of Sir Philip Courtenay and Sir William Bonevllle. (No. XXXVIII.) The case having got, so to speak, into Chancery, the Articles of Complaint, and Answers, Eejolnders, and Eepllcations, Articles of Proof, &c., were put In. Such of these as are extant will be found printed in Part II. They are very interesting, and again It is to be regretted that they are so imperfect. They bear no dates, but appear from the evidence of the different letters to have been put in at various stages of the case. It is very remarkable that we find no mention or notice that evidence or affidavits were taken In support of the allegations of these Bills and Answers, the terms of which in many places so flatly contradict each other. The substance of the Articles Is as follows : The Mayor first traces the History of the City from ancient British times before the coming of Vespasian, showing that It vsras an old city long before the existence of the Cathedral ; and complains of the prevention of INTRODUCTION. XVU the arrest of Hugh Lucas, as before stated. He also complains that the Bishop's tenants refuse to pay the King's dime or tenth and other taxes and talllages within the City as parcel of the same; that the Bishop's tenants and officers prevented the arrest of a felon ; that purprestures and encroachments had been made in a street called Fish Street, contrary to a composition made between the Bishop's predecessors and the City ; that they had also made a pur- presture in the High Street, by building stalls sixty feet long and three feet broad, in front of a tenement belonging to them, which Is now the house of Messrs. Green and Co. the drapers; also that the Dean and Chapter had shut the doors of the cloister and stopped a common way to a place called " the Pralell, the whiche ys comyn sepulture whenne the cymytere standeth pollute," and the cloister, " a place of praier and devocyon topraie for aile sawlys was bonys Heth yn the said cloyster and pralell." The Mayor also charges the Church party with setting fire to a timber-stack to endeavour to burn part of the City, and then endeavouring to " dysclaundre " the citizens by saying they tried to burn the Cathe dral ; also that postern-doors have been made In the town walls, in the Archdeacon's gardens, which are not kept according to the com position thereupon made, and that by these gates " full ungodely cariage as suspeclous men and wymmen have be ladde yn and oute, and divers men that should have be arest conveyed away by that wey." Also that filth and rubble is thrown into a lane at the back of the Archdeacon's houses leading to the town walls, whereby the road is Impassable, the gutters choked, and much damage done. Also that the Dean and Chapter have broken the lock of the broad gate at Freron Lane end into Strike Street, and made them " such XVlll INTRODUCTION. lok and keye as them luste to have made thereto atte their pleiser," whereby " full ungodely cariage " is also carried in and out, " as suspeclous men and wymmen, mennys wyvis and servantes specially ; who to whom and where hit sholde be write yf honeste were ; " and that the noise was so great at night from a tavern called Bevys or Beaufitz Tavern, that the citizens could not sleep ; that the Bishop by his officers hears actions in his courts which ought to be heard by the Mayor amd Bailiffs ; that wine was constantly sold in the Canons' houses contrary to the ordinance ofthe City and the King's " Cry;" and, worse than that, " ofte tymes hath he found corrupte wyn not hole for mannys body dampnablll and shold have be dampned and caste yn the canell," but which was carried to Topsham, reshlpped to Bordeaux, " there to be put and melled with nywe wyn, as hit shall be well proved yf nede be," The Bishop, Dean, and Chapter answer the Mayor's Complaints denying the allegations con tained in them, and saying that all the trouble cometh principally by the " wilfulle laboure of John ShlUyngford nowe being Maier, in whoos tyme ever hast be grete trowblll to the grete hurte and losse ofthe saide Church and Citee." With respect to the cloister, they say that the doors were shut because " ungodly ruled peple, most custumabely yong peple of the saide comminalte within the saide cloistre, have exercised unlawful games, as the toppe-queke, penny- prykke, and most atte tenys, by the which the walles of the saide cloistre have been defowled and the glas wyndowes all to brost.'' As to the disturbance at Bevys Tavern, they say that the tavern is in the Mayor's jurisdiction not theirs, and that it is his part, " if any suche misrule and bawdry be," If he be clear In his own person, to amend it, and that they know no such misruled person as " he that INTRODUCTION. XIX is the cause and yever of ensample to all such mysgovernance," meaning Shillingford — a retort which he appears to have taken very philosophically, as will be seen in his letters about it at page 16.' The Mayor rejoins to the Bishop's answers generally upholding his previous allegations, and saying, as to his living, that " God wote who ys clere of his living, quia nemo sine crimine vivit," and prays his accusers to see their own defaults : "and he that fyndeth himself clere, caste he the furst ston as yn the Gospell." After the Eepllca tions, Articles of Proof were put in by the Bishop to prove his title to his Fee, which were answered by the City. (See pp. 114-125.) The Bishop also put In Articles of Complaint which were answered by the City, replied to by the Bishop, and the Eepllcations rejoined to by the City. Of these, unfortunately, only the Eejoinders are extant; they are printed at p. 126. It does not appear whether they were put in before or after those of the Mayor and Citizens. It was while these Articles and Answers were being agreed upon that Shillingford wrote the remarkable letters and petition which form the first part of this volume. They are amongst the earliest specimens of English private cor respondence that exist, and may fairly be considered as amongst the most remarkable. The peculiarly minute manner in which Shil lingford describes all his proceedings, giving the " Ipsisslma verba " of his conversations, and noting all small Incidents of the Inter views at vfhlch he was present, are sufficient alone to recommend them to the student. The life-like description of the scene at his meeting the Lord Chancellor " at the steire foot coming from the XX INTRODUCTION. Sterre Chamber, goyng into his barge " (p. 6), that of his presenting his candle on Candlemas Day (p. 37), might make fit subjects for an artist. The description of ShilUngford's interview and con versation with the Chief Justice " after mete," and the learned manner in which he argued the case (pp. 9-11), will be found interesting, as well as his report of the hearing of the proceedings before the Chancellor and the Justices, where my Lord took his chair, and " both parties with their conseil kneled before," when the Chancellor jokes Shillingford about his allegation in his Articles of Complaint that Vespasian besieged Exeter, and failed to take It, but afterwards was able to take Jerusalem, and there sold thirty Jew's heads for a penny. The Chancellor indeed seems to have been a man of a merry turn of mind, for on another occasion (p. 19) we find him talking of " matters of dysporte," and, when Shillingford presented him his candle on Candlemas Day, he received him " with laghynge chere." Shillingford appears throughout to have been in high favour with the Chancellor, and his treatment of him on all occasions shows a marked inclination towards the City's side of the question. The Articles and Answers published in Part II. will be parti cularly interesting to the people of Exeter, and though, unhappily, imperfect, they show the nature of the quarrel, and give an odd illustration of the relations between the burgesses of the time and the Clergy and persons of higher social position. The reader will find, both in the Letters and the Articles, numerous passages which will afford an illustration most rarely to be met with of the inner life of the people at the period, and give a curious picture of what may be called a Town and Gown row of the fifteenth century. INTRODUCTION. XXI The Philological student will find here much matter of in struction, especially in such of the papers as exist both in draft and fair copy, the various readings of which have been given in the foot-notes. From these he may trace the train of thought which was passing in the mind of the writer, and may observe the changes of the phrases which sprang from the changing ideas of the writer during the composition of his letters, as well as the mpdificatlons of expression frequently used. Shillingford appears to have been wise in his generation to have prosecuted his suit through the stomach as well as through the ears of his judges : at p. 9 we find that, hearing the Chancellor had asked the Justice to dinner to talk over the case, " seyng he should have a dish of salt fish," Shillingford sent him " two stately tench, and two stately pickerells," which, he tells his fellows, " came In gode season, for the Duke of Buckingham and the Markis of Sowthfolke, and other Bysshopps divers dined with my Lord that day." We see also at p. 23 how enraged he was at the delay made by one Germyn in sending some " buckhern " or pilchards, to be presented to the Chancellor, and Germyn's neglect has furnished us with a most remarkable passage to occur in such a correspondence. The extracts from the Eeceiver's Accounts, printed In the Ap pendix, also show us that several other presents were given to the Chancellor and other persons, and they certainly prove that law suits in the fifteenth century were at least as costly as they now are. The Bishop's title to his fee would seem, from a perusal of the papers and copies of evidence produced by the Bishop, to have been a very uncertain one, and hence it doubtless was that the Bishop was induced to procure the Eoyal Charter referred to at p. 77, CAMD. SOC. « XXll INTRODUCTION. granting him a view of frank pledge, and other liberties in the churchyard. This is the Charter which the Bishop covenants to get cancelled in the final agreement, No. XXXVIII., and it was doubtless argued that the King had no power to make such a grant, as it would be in derogation of his previous grant of jurisdiction to the City. The Mayor showed very long user of his jurisdiction by extracts from the City Court Eolls and other records, and argued that the Bishop had no court leet or jurisdiction, nor never had used such a jurisdiction, quoting Domesday in support of his argument. In fact there is no doubt that the Mayor had a good case, and hence his anxiety to have It tried at common law, where he would be free from all Influence, and more likely to get an honest verdict than if his case were determined by higher judges, who were more likely to be influenced by Interest than a jury. Shillingford, the author of the bulk of these Papers, seems to have been a person of good repute and fame in Exeter at the time of ' his election, for it would appear that, after having served in various capacities in the City for some years, he was desirous of avoiding the office of Mayor but was compelled to take it by special mandate of the King. Thence we may infer that his reputation was more than local, or that, knowing the issue shortly to be tried between the City and the Church, pressure was put upon Shillingford to accept the Mayoralty in order to insure a good man being appointed to conduct the affairs of the City at so serious a crisis. He appears to have been a member of a very ancient family settled at the village of Shillingford a few miles from Exeter ; but he certainly was a trader and had a dwelling-house at Exeter as well as at INTRODUCTION. XXIU Shillingford.* John Vowell, alias Hooker, the well-known editor of Holinshed's Chronicle, the Historian of Exeter, of Sir George Carew, &c., has the two following passages respecting Shillingford in his unpublished Memorials or Annals of the City of Exeter in the possession ofthe Corporation: " 1444. The xxiij yere of Kynge Henry the VP''. M^. that John Shillingford being elected and chosen to be Mayer for the yere dyd refuse to be sworne and to take th'office upon him, whereupon advertysement was made unto the King and Counsell, and then a write under the Privie Seale was directed and sent to the sayde John requirlnge and com- maundlnge him upon the payne of one thowsand powndes to take the office upon him and to exequute the same: who accordinglye upon the Moneday next after the Feaste of S' Valentyne, at too of the clocke of the afternone, came to the Gwyldhall, and there was * I am indebted to Mr. Nichols for a note of a MS. sold hy Kerslake at Bristol in 1862, written possibly by some near relative of our author. The title of it is as follows : — Kerslake's Catalogue, Bristol, 1862. 35II. ANCIENT DEVON MANUS CHIP T:— A thick volume written by John SHILLTNGFORD, Rector of Shillingford to 1392 & Rector of Ugborough, & Canon of Exeter, ito. in the original mood covers, mith most of the deer-shin covering remaining. Contains, I. Memoriale Presbyterorum Parochialum. (Instructions for Con fessing Persons ofthe different callings aud ranks of life; the various penances for every sin ; Eorms of Absolution and Restitution ; with Resolutions of Cases, &c., as practised by the Parish Clergy in the Ancient Church of England.) 2. A vellum leaf with List of Saints, &c.. — " v'" Jd' f ebruarij ob. dn's Joh'es Powler." " Aue regina celor." a Hymn with Music. 3. Extracts from various authors, also Latin "Rhymes. 4. Here bigyunyith ye lamentacoun of our lady seynt marye. A tract in English. 5. Many other pieces. Rhymes, " a prest .... cunsel of schrifte .... he ne oght it for to telle," & others in English and Latin. 6. Viridarium super octo Psalmos, & Exposition of the Creed. " Anno dni mill'o ccc". Nonogesimo . t'tio . in festo sti michael magister Johes Shillyngford Doctor in iure." XXIV INTRODUCTION sworne; and, thoughe at the first w"' an evell will, yet yn thende dyd performe it very well." He was Mayor also in 1446 and 1447, under which year we have in Hooker's MS. : " M^. that this John ShiUIngford the Mayere was a very wyse man and lemed yn the Lawes of the Eealme, bold and sturdle, and yn his governement very just and upright ; and so well he dyrected the same to the beneffite of the common welthe of this Citie as few before hym dyd it better : In his tyme was the longe and troblesome suete betwene Edmond Lacy the Bishop and the Deane and Chapter agaynst the Mayer and Communalte of this Citie concerninge theire lyberties, w* suete this Shillingfford dyd followe very carefully and diligently, and by the meanes thereof and also by reason of his acquentaunce w'^ the Lord Chancellor and the Counsell, his suetes were the better con sidered. The same at lengthe was refferred to arbytrament, and then to be fynally and for evere ended. In this Mayer's tyme Exebrydge was yn greate ruyn and decaye, the stone-worke beinge muche foundred and the higher parte beinge all of tymber was consumed and worne out : And this man beinge of good credyte and acquentance w*'' John Kempe then Archebisshop of Yorke and Cardynall, and one of the executors to Henry Beawford, Cardynall and Bisshop of Wynchester, who for his welthe was called the Eiche Cardynall, to this John Kemp, the Archebosshop, John Shillingfford made an ernest sute and supplication for some releffe and contrybutlon to wardes the new buyldlnge of Exebridge, and was promysed the same ; but, before the mony was payed, John Shillingford dyed, and the monye never reeeved." {See p. 141.) Hooker, who had carefully studied all these papers of Shilling- ford's, and whose handwriting appears on the indorsement of each, would seem to have had good reason for his praise of the sturdy and INTRODUCTION XXV manly character of our author. That he was a man of no small attainments in matters of learning fully appears from his letters, and the evident friendship shown him by the Chancellor would not have been given to any ordinary Mayor. His letters teem with illustrations of his sturdy spirit, but it is most fully shown In the passage erased, on second thoughts, from the end of his draft letter (No. VII. p. 24) to one of the Bishop's counsel, where he declares that he will not be put down by " noo grete dedes of malyce, dys- claundres, longage writyngs, ne settyng up of bulles," &c., but will be " 00 man and the same man that he has been." His witty up braiding of one Germyn for his slothfulness in sending up some " bukhern," or fish, which was intended as a present for the Chan cellor (p. 23), is perhaps the most curious passage in the volume ; and his defence of his private conduct, against the libellous alle gations of his opponents (p. 16), gives us a quaint picture of the sturdy Englishman trusting in his good cause, and yet not ashamed to own his faults. The libel in question, which was contained in the Bishop's Answers, gave great offence to the Chancellor, who, on hearing of it, took the Answer, and " rased hit as it plesed hym w* his owne handys," in the presence ofthe Bishop's counsel, who, says Shillingford, were "yvell pleased and payde therwith," as well they raight be. The manner in which he gives the broadest of hints to his fellows at Exeter to send him money (p. 16) is very charac teristic. Physically he must have been a strong and hearty man, for we find that he usually rode firom Exeter to London in three or four days. >^ I regret that I have been unable, for want of leisure, to work out the history of this Correspondence, and those whom it mentions, more fully. That task I must leave to the future student of these XXVI INTRODUCTION. Papers. )My thanks are due to the Mayor and Corporation of Exeterror their kindness in lending me the original MSS. and especially to the Town Clerk, Mr. W. Denis Moore, for many useful hints, and much kind assistance, both during this my pleasant task and my more laborious one of arranging the voluminous and magnificent archives of Ms City. Stuart a. Moore. Greenhithe, Kent, July 1871. PART I. LETTERS OF JOHN SHILLINGFORD. LETTERS OF JOHN SHILLINaFORD. I. Petition to the Lord Chancellor. The Mayor and Commonalty had a day to appear before the Chancellor, and have kept it according to the King's commandment, and also have put in articles, answers, and rejoinders, and done all thinga that they ought to do. Prays that the matter may be ended.* Unto the Eyght Eeverend Fader yn God and Blessed Lord John Archebysshop of Canterbury, Prymate and ChaunceUer of Engelond. Bysekyth yow full mykely John Shillyngford now beyng Mayer of the cyte of Exetre yn name of hymself as mayer and aile the hole comminalte of the seyde cyte, youre owne puple and true bedmen, and at aile tymes at youre commandement as most specyall lorde after the Kynge our soverayn lord, consyderyng the gode and gracyous lordship and endyfferency that they fynde yn yow that they have moste feyth hope and truste ther yn, and that y dar well seye by my trauthe ; that hit please ^ youre gode and gracyous lordship to be remembred of the grete mater " bytwene the Eyght Eeverend Fader yn God, and gode blessed man yn hymself,'^ Edmund Bysshop ofthe Cathedrall Church of Excetre, the Deane and the Chapytre of the same churche, and the mayer and the comminalte of the seyde cyte, the whiche mater came before yow and the two Chlf Justises by the sywte ynstance and laboure of *the seyde bysshop deane and ¦ The draft of this petition exists; a collation of it is given in the following notes. It is there called B. >> B. begins here with " Please hit yn to your right gode and gracious lordship." •= mater — " mater hongyng yn debate." B. "¦ hymsolf — " yf he most be," inserted in B. CAMD. SOC. B 2 LETTERS OP JOHN SHILLINGFORD, chapitre yn to the highnesse of oure soverayne lorde the Kynge made; by whas ryght high and ferfull commandement by his ^ letters under his privy seell, we the mayer and comminalte hadde day to appere before yow, whiche day we kepte and apperyd and didde and demenyd us that day and evere sythenys yn fulfyllynge of the Kynges commandement, as we truste to God ye woU reporte us, and yet buth redy to do the same as we aughte to do. Nerthelez atte begynnyng of thys mater comyng to fore yow yn reveluclon the ^ mayor and comminalte, as they darst, sywed unto you my lord chaunceUer by supplycaclon to have be descharged and dys- rayssed as the law wolde, and have hadde the maters to have be determyned atte comyn law; bot when your gracyous lordship'' so beynge enfourmed of the Kynges wyll, whiche was to us ryght a high and ferfull commandement, that '^ we darst so not, but wyth ryght gode wyll at aile tymes obeyed us " to abyde suche rule as the Kynge by his seyde letters apoynted us to ; whereupon we sythenys wyth grete coste have labored and at aile tymes have be redy and yet buth to bryng yn dyvers evydencys and munlmentys concernynge oure ryght title and clayme of franchises and libertees of the seyd cyte as the Kynges seyde commandement woli, '' by the specyall sywte yn stance and laboure of the seyde bysshop, deane and chapytre. Also we have made and putte yn before your gode lordshipp articles, answers, rejoynders, ^ and aile other thyngs that we aughte to do. " his — omit, B. l" the to lordship — We by your gracious lordship, B. <^ that to us — " we for drede levyng the comyn lawe and the benefice therof whiche we as i>e kinges true lege men buth an habited ther yn with right gode will obeyed and bounden us." B. <¦ woli, — B ends as follows. — " as hit is comprehended and appereth yn oure articles and shorte entitelynges of oure evidences y put yn before your gode lordshippis, to the whiche we buth not yet answered all be hit that we have answered and buth redy to answere to aile and every their articulis of evidences whiche they have put yn. Also we have put yn before your gode lordship answeres to their articulis of compleyntes and rejoynders to the same, and yf any thyng laoke we buth redy to performe hit. And so we truste to God we have do all thynge that we aughte to do to prove openly and clerely oure entent the con trary of theire claymes." B. ^ For these "articles, answers, replications," see Part II. post. MAYOR OE EXETER, A.D. 1447-8. 3 And yf eny thyng lakke we buth redy perfourme hit. So as we truste to God we have do and shall do all thyngs that longeth to oure part for to do, bysekyng yow of youre gode and gracyous lordshyp that the other party do the same for their part, or. ellys to be con cluded, and thus ye shall have the maters of bothe parties in know- llche, and the ryght openly to appere. And therapon that hit like your gode and gracyous lordship to make and end after the Kynges commandement, calling to you the two chefe justises; and yf eny party be found yn defaute, so to be conceyved, ruled, and reported to the Kyng oure soverayn lorde, and that for the love of God and yn wey of chary te.^ IL Shillingford to his Felloavs at Exeter. [Draft Letter.] He left Exeter on Friday, and came to London on Tuesday at seven o'clock, and laboured to make answer to the articles, which he sends for approval. Worthy sires y grete yow well aile; doyng yow to understonde that y rode fro Excetre on Fryday and cam to London on Tywys- day by tyme at vii atte cloke ; and ther sithenys have full bisily labored to make an answere to the artlculys.'' The cause of so longe taryng yn makyng of the answers hath be for right grete bysynes y' Ahsaunder Hody hath hadde aboute his awne maters;" netheles by the avys of Alisaunder Hody and Dowrisshe and Eoger Eawly, [they] beth made as may be yn so shorte tyme, trustyng to God that al the substance ys comprehended "ther ynne, so that what tyme » This document is indorsed in a hand of Elizabeth's time—" Anno Regis Henrici Sexti vicesimo quarto." ll articulys. — i.e. the Articles of Proof. See Part II. ' maters — after this there was originally " w' owte wham y cowde not well labore w' oute much more tarynge." 4 LETTERS OF JOHN SHILLINGFORD, hit is amended, corected and made by avys of counseyll to be right well; of the whiche answeris so shortely made y sende to yow ij. copies, oon to be send to the Eecorder yn hast yf hit may be for shortenys of tyrae, &c., that other copy to abide w* yow, prayng yow Thomas Cook most specially w* the lu tenaunt, callyng to yow William Noble, Coteler, Druell, and other wham ye seme is to be don, and that this answer be sadly over seyn; and yf eny thyng be ther yn to myche or to litell yn substance to sette the penne to sadly .^ This don y pray yow to calle be fore yow atte halle * the substance of the comminalte, praynge every of tham yn ray name and chargyng tham yn ]>e most streytest wyse yn the Kynges byhalf to come to fore yow yn haste for the tydyngs that y have sent home to yow; and that ye wysely declare to fore tham these answers ; so that they sey manly yee and nay yn suche poyntes as yow thynke to be don, &c. and f ]>ej wyll abide by ]>" .answers yn all wyse, and that labo'' and spekyng be before to that entent. This don y pray yow that y have a gode man sende to me yn hast. III. Shillingford to his Fellows. [Draft Letter.] London, Oct. 30th, 1447. On 16th Oct. 1447, Richard Druell and Harry Dobyn, rode out of Exeter to London, to keep the appearance for the city in the Quinzaine S. Michael. The Mayor left Oct. 24, and reached Shaftesbury on Wednesday night. On Saturday 28 Oct. he eame to London and saw the Lord Chancellor. He describes his reception arid interview. On Sunday 29 Oct. he had another interview with the Chancellor, and also with the Chief Justice, and again with the Chancellor. Memo'' that on Monedey next before the feste of Seynt Luke " the yere of the regne of the kyng that now is xxvj (Henry VL) » Originally " to sette to the penne sadly. " '' halle — " in my name," erased. " 16 Oct. 1447. N.B. This was written by Shillingford, as later on he takes up the first person. MAYOR OF EXETER, A.D. 1447-8. 5 Eichard Druell, William Speere and Henry Dobyn w* ham rode oute of Exceter to London- ward for nodes of the cite, that is to seye to kepe the dey of apparence atte xv. of Seynt MIchall as the cite was bounde to, as hit appereth by a bounde condyclonell, havyng w* ham sufliclant power and the comyn seell and xl s. of John Shil lingford, Mayer, and xx s. of John Germyn, for their coustages; and so departed the seyde Monedey yerly. And as tochyng the seyde xl s. w* xl s. more that the seyde John Mayer payed to Trevy- llan, he was payed ayen by the feloship of the coUecte mony to the plee, &c. How the seyde Eichard Druell and William Speere spedde when they came to London hit appereth yn a sedule by the sayde Eichard Druell and William Speer therof made, remaynyng w* the [seyde] Eychard Druell. Forthermore as tochyng the goynge of the seyde John Shillyngforde, mayer, he was all redy for to ride the seide Monedey : varlans y moved bytwene hym and the seyde Eichard Druell, nerthelez better accorde hadde by mene of Tho raas Cook, Eichard Druell w* other held his wey, and the seyde mayer abode at home yn to a tuysday next after Seynt Luke Is dey ^ for settyng of the kynges dyme, comyng of Trevyllan, and other grete ;naters toching the cite, and yn especiall to have the feloship togeder, a sadde coraraunicacion to be had or his departyng, the whiche coraraunicacion rayght not be had before Saterdey next after Seynt Luke Is dey*" for this cause that the grete part ofthe feloship was at Calston is fayre, and thoo that war at horae, as Upton, Cote ler and Pope, were syke on theire beddes; and for aile these causes the mayer abode at home so longe, and all that tyme he kepte his iij. hors yn stabill every dey redy to ride to hym grete coste. The tuysday " he rode and w* hym William Hampton and John Fagot. On Wendysdey '' at nyght they came *o Sheftesbery and there mette w* Eichard Druell, whiche made reporte of his gode spede and grete laboure at London, as hit appereth yn his sayde remembrance, and that on the beste wyse. The Saterdey " next ther after the mayer • 24 Oct. 1447. "¦ 21 Oct. 1447. ' 24 Oct. 1447. ¦> 25 Oct. 1447. ' 28 Oct. 1447. 6 LETTERS OF JOHN SHILLINGFORD, came to Westminster sone apon ix. atte belle, and ther mette w* ray lorde ChaunceUer atte brode dore a litell fro the steire fote comyng fro the Sterre chamber, y " yn the courte and by the dore knellyng and salutyng hym yn the moste godely wyse that y cowde and recommended yn to his gode and gracious lordship my feloship and all the comminalte, his awne peeple and bedmen of the, Cite of Exceter. He seyde to the mayer ij. tymes " Well corae," and the iij.'^"- tyrae " Eight well corae Mayer," and helde the mayer a grete while faste by the honde, and so went forth to his barge and w* hym grete presse, lordis and other, &c. and yn especiall the tresorer of the kynges housholde, w* wham he was at right grete pryvy cora raunicacion. And therfor y, mayer, drowe me apart, and mette w' hym at his goyng yn to his barge, and ther toke ray leve of hym, seyyng these wordis, " My lord, y wolle awayte apon youre gode lordship and youre better leyser at another tyrae." He seyde to rae ayen, " Mayer, y pray yow hertely that ye do so, and that ye speke w* the Chief Justyse and what tyrae that ever he will y woli be all redy." And thus departed, &c. The Soneday* abowte viij. atte clokke y came to Lambeth, and w' me Dowrissh and Speere to rayte and speke w* my seyd lord. We mette and spake w* hym yn the ynner charaber, he at that tyme beyng right bysy goynge yn to his closet. And w* right gode longage and gode chere yn godely wyse exscused hym that he rayght not speke w* ous atte that tyme for grete bysynes, and comaunded ous to come ayen the morun. Y, mayer, prayed hyra of oo a worde at that tyme and no more, y seyyng that y was enfourmed that he was dysplesed of my late comyng, and yf he so were, y bysoghte hym to hire myne excuse grete. He seyde " Nay;" but that y was come yn right gode tyme and well come, and at his departyng yn to his closet he seide, " Mayer, wolde God ye hadde raade a gode ende at home." And y seide, " Wolde God my lord that we so hadde, and God y take to recorde y have done my due dilygent part therto, and that yn tyme y truste to God ye shall well knowe ; for y have right meny thyng to enfourme yow » Note that here Shillingford takes the first persorir^^^^^-'^f *• 29 Oct. 1447. J MAYOR OF EXETER, A.D. 1447-8. 7 of yf y hadde tyme." He seide " Well, mayer," and bade rae come ayen that sarae dey afternone, and so departed, &c. Y was by the Styward and raeny other of the housholde full fayre y bede to abide atte mete, ne never hadde better chere * of my lorde ne of the hous hold then y hadde atte tyme. Netherlez y exscused rae and wold not abide as for tyme. And so went over the water to Temple to Bluet, &c. and so went w' Bluet, Dowrissh, Speere and y to the chief justice and comyned of raeny thynges w* hym. He is like as y conceve to have the grete rule yn this mater, for my lorde Chaun ceUer seide, as hit is aboveseld, that he wolde attende when the justyse wolde, the whiche y seide to the justyse. The justyse seyde he wold be aredy at his callyng. And as y conceve by dyvers wordes that they have comyned of a rule yn this mater; what ever hit be y can not wyte as yet. God eve "^ grace hit be gode, and so y truste to God that hit be. That afternone y went ayen to Lambeth" to my lord after his commaundement aboveseld and when y come thider to hym yn to his ynner_ chamber, there was myche peeple, lordes and other, my lord Tresorer, under Tresorer, the pryvy seel, land dyvers abbottes and pryours, and meny strangers aleyns of other londys. And then carae yn the Duke of Bokyngham, and ther was grete bysynes at that tyme, hardly aile men were bede to avoyde that chamber saaf the lordes. Nerthelez y awayted my tyme and put rae yn presse and went right to my losde ChaunceUer and seide, " My lorde y am come at youre commaundement, but y se youre grete bysynesse Is suche that ye may not attende." He seide " Noo,'' by his trauthe and that y myght right well se." Y seide " Yee, and that y was sory and hadde pyty of his grete vexaclon." He seide " Mayer, y moste to morun ride" by tyme to the Kyng, and come ayen this .wyke : ye most awayte lapon my comyng, and then y woU speke w* the justlse and attende for yow, &o. Y seide, " My lorde, y woU do after youre commaundement," and prayed hym of hys gode and gracyous lordship of oo worde raore, yf he were enfourmed » chere— chese MS. '' eve — first written " yeve" and altered to " eve." •= 29 Oct. 1447. '' Noo — first written " nay." ' right MS. 8 LETTERS OF JOHN SHILLINGFORD, by worde or by wrytyng of eny thyng that y have do or seyde or governed me yn eny wyse at home sithen the last terme my depart yng fro hym other wyse then to his plesure and after his com maundement. He seyde right hertly " Nay," but that y hadde governed rae at home yn the most best and godely wyse and therfor he oowde me grete thanke, and seide hertely that y sholde have Goddes blessyng and his therfor, &o. And so departed, &c. Nota that Druell and Speere Is beyng afore dide gode, for they dide theire part yn the most best wyse. IV. Shillingford to his Fellows. London, 2 Nov. 1447. He has made a present of fish to the Chancellor. The cause was adjourned till Saturday. He has spoken about it to the Justice, who urges him to make a composition, which Shillingford refuses to initiate. The cause was again adjourned till Monday, when it came before the Chancellor and the two Justices. He describes the proceedings mi nutely. On Tuesday All Hallows Eve he received the Answers to the City's Articles in which he is greatly libelled, desires money may be sent him, that the answers may be well understood and replied to, and that the Black Roll * may be sent him. [Worthy ^ Sires, as yn the other letter &c. y grete yow w]eli aile. Yn the whiche letter y wrote to yow that y hadde a dey to « Slack RoU. — This was a roll containing the Customs of the City of Exeter. It was considered of great "authority and value, and on it the Mayors were sworn. It was lent to Sir William Cecil in the reign of Edward VL, and is stated by Izacke (Memorials of Exeter, p. 95) and by Oliver (History of Exeter, p. 309) never to have been returned. .Tl a paper dated 1 March, 1552-3, entitled " Remembrances for the Parliament," occurs *he following memorandum about it : " Item to speke to Mr. Cicell for the Blake rolle which Griffyn leyfft in his custody." [Letters, &c. among the Archives of the Corpo ration, No. 31.] It was delivered to Grffin Araerideth 22 Dec. 1 Edw. VI. (Act Book, ii. p. 88), but it had found its way back to Exeter in the first year of James I., for there is in the Act Book of that year (vi. p. 59) an order " that the Blacke rolle shall be broght " into the Council Chamber, and Mr. Chamberleyn shall write oute of the said roll into " some booke in the Chamber fitt for the sam, such speciali thynges therein contained " as shall be necessary, and he to be allowed for his peynes therein." Neither the copy nor the original can now be found. *> The original of this letter and part of the draft are extant ; the words in brackets are filled in from the draft, called B. for the purpose of collation. MAYOR OF EXETER, A.D. 1447-8. 9 appere before the lordis for [oure mater the Fridey next ther after; and for as moche as] my lord ChaunceUer bade the Justyse to dyner " ayenst that same day for [oure mater, seyyng that he sholde have a dys] of salt fisshe ; y hiryng this, y didde as me thoght aughte to be done, and by avys [of the Jufftlse and of oure counselll, and sende] thider that day ij. stately pikerellis and ij. stately tenchls, for the whiche my [lord ChaunceUer cowde right grete thank]ys and made right moche therof hardely ; for hit came yn gode seson,*" for my lordis [the Duke of Bokyngham, the Markis] of Southfolke and other, Bysshoppis divers dyned with ray lord ChaunceUer tha[t dey. But] as touchyng the laboure and spede of oure mater that day, hit was by my seide lorde ajorned over ynto the [morun] Saterdey for these causis that a grete disputacion was be fore my lorde yn his chapell at Lambeth for pre[chyng of] Bysshoppis. And the seide lordis that same Friday were there at diner.'^ And the Justlse came not there that day; but the same Friday after mete y was with the Justlse by * longe tyme and yn gode leisure to comyne of oure mater. Y fynde hym a gode man and well willed yn oure right, and like to have the grete rule of the mater, as yn the other letter. And he bade me move of sorae gode raeene to ende the raater. Y seide ayen, savyng his commaundement, y cowde no skyll theryn ne to speke ne move of menys,^ ne hit was not my part so to do; for hit wolde seme if y so didde, that y hadde doute of oure right, where y have right none, but we woU dwelle and abide thereapoun and go no ferther; but if eny raan wolde raove of eny meene, hit was iny part to hire and so to reporte, &c. But furthermore y seide that fro Ij. thyngis w' oure gode will we wolde never departe ; that the ^hurcli£ and cimi tere, as ^ that they calle synt Stevyn,Is fe, Is parcel of the cite and ever hath be and shall be; and that we have a vyw and aile that ¦ to belongeth, and they right none, ne never hadde ne shall ^ have but • dyner — written " mete" in B. and altered. '¦ seson — ceson, B, >= originally " mete " in B. and altered. '' by— omit B. • of menys — omit B. f as — aud, B. K shall — sholde, B. CAMD. SOC. C 10 -LETTERS OF JOHN SHILLINGFORD, ever w* ynne the jurisdicclon and under the correccion and punyssh- ment of the cite, &c. He seide that they clayraed a vlw and that they hadde used mocihe thyng, &c- and he seide hit was aunsion de- mene. And y-seide nayrand provec^hltby Donaesday, and so were on grete argamentes by longe tyme, to longe to Write: all hit was to tempte me w* laghynge chere, Y seide they hadde no raore but syrapell Court Baron, If they so hadde. He seide that every man myght have of his awne tenantis and aske no man no leve, &c. Y seide how sholde they have more; they have no" olde grauntis of kynges, ne clayme none allowance yn Eyere, ne Instrument to do punyssheraent of that that longethe to a lete. He seide hit was a fe called of olde tyme. Y seide yee, as suche fees as beth ther on towne, and reherced hym of vij . and that aile were parcell of the cite : and among other y rehersed hyra of Seynt Nicholas fe. He seide lete the Bisshoppis fe be as Seynt Nicholas fe is. Y seide, if hit pleased hym, nay, hit myght not be so ; for Seynt Nicholas fe, y called Haroldls fe, is ^ graunt of olde kyngis and confirmaciouns, &c. He seide the Bisshop hadde the same Y seide nay that I never knyw ne sigh," and if that they so hadde, lete hit be shewed and but hit be answered hit sholde ende the mater. Then he moved of divers menys and abstynance of arestis. Y seide when the last grete debate was of the suburbis w* oute Este yeate, of whiche debate he was cause of an ende by a recompence, atte ende of whiche mater hit was desired for to have* an abstynance, but none y graunted but under this fourme, that the Maier that tyrae beyng, and every raan that hadde be Maier and like to be Maier, proraysed on his feith to forbere of arestis on the Churche for certyn ouris, aile that they myght godely, and sithenes hadde they no cause resonable to com plaine ; and y seide this was a grete thynge as me thoght. He seide nay for that that sholde be attis tyme sholde be do by writynge for a perpetual pees. Then he asked of me of this mene ; if we wolde absteyne us and forbere of arrestis of aile men of habite ^ servantis familiars knawed without any fraude generally. Y seide, if hit " no — nother, B. >> is — and. B. ; " sigh — segh. B. •> have — have hadde, B. " habite — abyte, B. MAYOR OP EXETER, A.D. 1447-8. 11 pleased hym, nay; for hit was better the last terrae before this, that we sholde forbere of arrestis btit yn tyrae of doyng of divine servys of raen of habite, servantis familiars and th^re Baillyffs knawed, ^^• and of aile othei as on •Sent^PauU.isiOhi^he.at Lohdb^. He seide hit was soth, and asked ayen if we Wold ^'forbere and absteyne and be re compensed therfor, and we to have the viw and aile that longeth therto generally, as well on the fe as, &c. and so to make arrestis w' ynne the fe, as y conceved hyra, and to forbere aile other arrestis w* ynne his teneraentig of the seide fe and to be recompensed &c. and the Bisshop to have his courtis of his awne tenantis and to holde plees of gretter sorarae thenne *¦ Court Baron xl s. and spake of xl. marke. Apon this mene he stiked faste, and thoghte " hit was resonable and ever asked of me divers tymes what y wolde seye therto, all as y conceve '' to tempte rae, and to concente to a mene, &c. and then y seide " My " lorde, if hit please you, ye shall have me exscused to answere," &c. for thogh me thoght that hit were a mene resonable y dar not sey yee, thogh y have power, for the raater toucheth a grete coraralnalte as well as me, and so that y dar not seye yn to tyme that y have spoke w' my felowship at home : and y seide, " My lorde, for as moche ' as y conceve right well that this mater. If hit ende attis tyme, hit is ' like to ende by a mene, hit is my part to hire and to reporte, &c. but ' be the mene never so resonable to conclude with yow, thogh y have ' power ynogh, y beseche yow of youre gode lordship to have me ' exscused therof yn to tyme y have be at home with my felowship, ' or of tham here with me vj. or vij. for other wyse woli y never con- ' elude with my gode will," &c. He seide ayen, " Ye didde theron as ' right a wise man," and so departyd, &c. The morun Saterday " y came to Westminster to kepe my day as hit is aboveseld. Y spake with my lorde ChaunceUer. He adjor»ed hit over yn to Soneday, and' afterward fro Soneday Syn to Moneday; forthe Justises dyned with the Maler of London that Sonday. The Moneday ^ y maler, . * wold — wold so, B. " thenne — }>en, B. " thoughte — J'oughte, B. " th" is frequently " i> " in B, and is not noted after this. ¦i conceve — conceved, B. e Saturday, 28 Oct. 1447. ' and so, B. e Sunday, 29 Oct. 1447. '' Monday, 30 Oct. 1447. 12' LETTERS OF JOHN SHILLINGFORD, Bluet, Hody, Dourissh, Germyn and Speere with rae come to Lam beth to my lord, and ther was at that day atte dyner with my lord the ij. chlf justises, » and so we appered before them ; and for oure party advers Kys, Hengston, More, Wode and Wolston. My lord hym self furst moved the mater to the Chlf Justises, so that the Chif Justlse seide the mater stondeth thus: that as to, the compleyntis of the Bisshop Deane and Chapitre, hit Is answered, repplyed and re- joyned, and as moche do therynne as may be do; and as tochynge the compleyntes of the maier and comminalte, the whiche them semeth grevous, beth not yet answered, and them semeth, &c. My lord ChaunceUer therwith sodenly went right to the justises bothen, and called to hym Nicholas Ayssheton at that tyrae beynge there, and leide theire iiij. heddls negh** to gedder and corayned to geder right privyly a grete while, and aile as y conceve " and as hit proved afterwardis that the answeris to oure articulis * not to be spoke of. After that ray lorde toke his cheire and the justises sate with hym, and bothe parties with theire conseil kneled before. My lord asked how we last departed and therapoun stomped ^ a grete while. My lord asked the bokis. He seide that his were on Kent is warde. He asked of oure party advers theire bokis: they wolde be knawe of none yn no wyse. And y mayer, seide yes, with * raoche more therto, &c. and how ray lordis coraraaundement was at London, and aggrementis at home yn the chaptry hous, that oure articulis sholde be answered or we preceded any ferder, y praynge my lorde that so, &c. My lord was loth therto and the justises bothe. My lorde seide furste merily s of Vaspaslanus.'' And y seide that that ' was no mater of oure compleyntis, but y putte yn to prive ^ what the cite was of olde tyrae ; and then my lord seide some what strangely and sharpely that oure articulis many were maters of noyse and desclaunder, and forto ' answere thera hit wolde be cause of more » justises — judgys, B. ^ negh — right negh, U. >- conceved, B. '' articulis — to be laid apart, erased in B. « "abode" erased, "stomped" inserted in B. f with — put in place of " and" in B. s merily — myryly, B. J» Vaspasianus — See the City's Articles, Part II. ' that— hit, B, « prove, B. ' for to— for, B. MAYOR OF EXETER, A.D. 1447-8. 13 grucchynge and.^i£lLwyU. And y seide, " Yf eny suche be, lete tham be leide apart, and tho that beth substanclalle grete and grevous to us, and somme cause and begynnyng of aile this debate, lete tham be so answered :" and y reherced iij. yn especiall, oone of the Dyme,»^ another of the feloun that toke the bysshoppis fe, and afterwarde of the churche, and the'' coroners ylette, &c. and of the toure on the kiishoppis gardyn, &c. The chlf justlse seyde as tochynge the arti culis of bothe parties, that there were maters araendis to be made to ayther party, and that were longe to do, and that hit myght be don as well after as before," and that he hadde sey somme of oure arti culis ij. i^ especiall, oone ofthe Deme, another ofthe feloun above- seide ; and seide that us semed that they were grevous to us. Where- apoun my lord spake of" the bokis to us ayen ; and y seide that my bokis were aile redy. And my lord bade to leye ham forth ; and so we didde the articulis. They were but litell y radde ne take kepe to. Thanne as touchyng the deme,'^ Hengston seide that he wolde right well that the deme were payed with us, as hit aughte to be, and hath be of olde tyrae ; but we didde not so, but sette hit and called none of the bysshoppis tenantis to us. Y saide nay, and made a longe rehersall therof fro kyng Edwardis tyrae ynto this dey, how and under what fourrae hit was don of olde tyrae, how sithenes. and how now, and how late they sette with ynne tham ^ self, and kept the mony and yet kepeth, and that sholde be well y proved. My lorde seide ' that as touchynge the settynge we were aile most accordyd theryn. Then seide Hengston lightly as touchynge set tynge and kepyng of the mony of the deme, hit shall be sone an swered; he menyng of Upton Is tyrae y wote right well, as y seide to yow at home. Y seyde to Hengston as lightly ayen, "As sone hit sholde be repplied and truly with tie grace of god." Then my lord asked furste of that other party If they hadde full auctorite and power and wolde consente to menys : and they seide anone with ¦ Dyme — the " decima " or king's tenth ? '' the — of the, B. "^ as to before — inserted on a rider in B. ¦• Whereapoun to deme — inserted in a rider in B. but much decayed. ' tham — ham, B. ' seide — seide hym thoghte, B. 14 LETTERS OF JOHN SHILLINGFORD, gode " wille, yee for theire part. My lorde asked of me,'' Maier, if we wolde the sarae. Y seide as touchyng the power we hadde suffi- ciant and y nogh ; as touchyng to menys, y bisoghte hym of his lordship that y myght go apart to comyne with my felowship and oure conseill there at that tyme; and so y didde, and yeaf an an swere. Hody hadde the wordis of power as above ; and as touchyng the menys with this condicion that oure articulis were answered, that we wolde aggre to suche menys as they lordis wolde rule us to. Then hit was no more at that tyme but the '^ articulis raost be an swered; and as loth as they were to answere, and hadde no bokis as hit Is abovesayde. Then they aggreed ham to bryng yn the an swere the morun. Y seide they* hadde seide dyvers tymes that they hadde olde charters, evidences, and munymentis to ende the mater; and y seide if they so hadde to bryng ham yn, and but they were answered to ende, &c. Hengston seide moche " and strongely because y seide they hadde suche charters. Y seide yee, and avowed hit well they seide so. He seide that they hadde olde recordis, &c. and y saide as above.' Hengston honged sore to have a lete and a grete courte, and y traversed hyra ever, and seide to hym moche thynge, and yn especiall that they never hadde Instrument, and reherced what that belongeth s to a lete. Hengston seide but litell therto, but made wyse as thogh hit were yes ; but Wode seide that they hadde olde wrytinge to have hit, and spake no raore at all that tyme. Hengston seide openly that Eadeford and he hadde commu nlcacion at horae of this raater, and were well negh accorded; and my lord seide, "Wolde god hit hadde be so," and yet " Wolde hit were so, for oure discharge." Y, Mayer, seide y knywe well and was spoke to of suche a communlcacion ; but what the privyte and the menyng was y myghte not knowe, and yf y hadde hit sholde have be never the werce but the better ; and so we departed, ston dyng a » gode — right gode, B. '' me— put in place of " us " in B. c the )>« Jje, B. " they — V ))ey, B. « moche and strongely — myche and strangely, B. f above — And here apon we hadde dey to receyve oure articles \>e morn and so de parted, erased in B. B belongeth — longeth, B. MAYOR OF EXETER, A.D. 1447-8. 15 fer fro my lorde, and he asked wyne and sende rae his awne cuppe and to no raoo. Y wende right to ray lord ayen before them aile, and spake with my lorde prively a grete whiles of divers raaters, and araong other of thys blynde entrety that Hengston spake of, y sey- ynge to ray lorde verily that this blynde entrety growlth of ray lorde of Excetre as y supposed.'' Wherfor and for as moche as Hengston seide yn his presence that Eadeforde and he were negh accorded : y '' bysoghte ray lorde, as rae thoght his part was, and to ende the mater the rather to knowe of the communlcacion, &c. My lorde seide y moved hym right well and sholde have goddis blessyng and his, and seide he wolde do so, &c. and so we toke oure leve and departed fro my lord and ray lordis aile. My lord at this tyme didde me moche worsship, and openly yn the communlcacion above- seyde commended me for my gode rule at home, and yn especiall for the grete favo"^ that y have do to raen of the churche, hongyng this debate; and furthermore he of his awne mocion yn the communl cacion aboveseld spake openly of the letter that he send home to the bysshop by me, seiyng these wordes, ' ' Maier, apon the communlca cion that y hadde with yow here y send home a letter by yow to ray brother of Excetre, the whiche y hoped sholde hav% do raoche- gode and cause of spede the rather ende ° of the mater." Y seide, " My lorde,'' that is true, and y have do ray due diligent part therto, after youre commaundement by my trauthe." Y seyde more to Kys these wordis, " Kis, ye seide to me at home that y didde and seide moche thynge more there then my lorddls commaundement was, sey ye here be fore my lorde what hit was ; and y truste to God and my lorde is gode lordship that my lord will avowe me on aile th3'-ng that y didde and seide." My lorde. sate stille a while, and Kys knelyng spake never a word, and tkus passed over. Hengston araong the maters abovesayd seyde moche more than is above writyn as touchyng the towre that stent on the bysshoppis gardyn, seiyng that that towre stode npon the bisshoppis grounde, and the bisshop * as y supposed — not in B. '' The rest of B. is much decayed. <= the rather ende — not in B. ¦¦ B. ends here abruptly. 16 LETTERS OF JOHN SHILLINGFORD, sum tyrae hadde his prison yn that towre, and that we repaired hit never, as is write on oure articulis : atte last hit was seide by their party that parcell of the towre stode upon the bisshoppis grounde as hit appereth openly there ; they menyng by a wall and kernellls stondynge withoute the towre and thiknys of the towne walle, to ward the bisshoppis gardyn and annexed to the towre and towne wallis, &c. The morun tuysday al Halwyn yeven * y receyved the answeris to oure articulis at Westrainster of the whiche y sende yow a true copy, yn the whiche articulis as hit appereth they have spatte out tlie uttmyst and worste venym that they cowde seye or thynke by me ; y blessed be God hit is nother felony, ne treson, ne grete trespas, and thogh hit hadde be, so they wolde have don, and werce yf they cowde: but as for trawthe of the mater that tocheth me, meny worthy raan stondeth on the same eas and have do moche werce than ever y didde, thogh that be to me none exscuse. As touchyng the grete venym that they menyth of ray lyvyng, y may and pur pose be at my purge, as y may right well apon my sawle of aile wymmen aly ve excepte oone, and of hire righte a grete while; therfor y take right noght by and sey sadly si recte vivas, ^-c. and ara right raery and fare right well, ever thankyng God and myn awne purse. And y Hyng on my bedde atte writyng of this right yerly, myryly syngyng a myry song, and that ys this. Come no more at oure hous, come, come, come. Y woU not dye nor for sorowe ne for anger, but be myry and fare right well, while y have mony ; but that ys . and like to be scarce with me, conslderynge the bisy nesse and coste that y have hadde : and like to have : and yet y hadde with me xx li. and more by my trauthe ; wherof of trauthe not right moche y spende yet, but like &c. Constre ye what ye will. Itera, Thomas Mon- tagew sholde sende me xj 11. and odde mony as he wote well and can telle yowe : and y supposed that John Germyn sholde '' have broght to me all most xli. all this of rayne awne gode; wherof » 31 Oct. 1447. " sholde — originally wolde altered to sholde. MAYOR OF EXETER, A.D. 1447-8. 17 cometh to me no peny. Wherfor y sende home to yow attis tyme William Hampton, berer of this writyng, for this cause most spe cially that ye, how that ever ye do, sende rae xx li. yn hast, as ye wolle the spede of youre raater and welfare of the cite, y not sharaed but pleased attis tyme ; and that ye faill yn no wyse, mer- vaillyng raoche, for as moche as y departed fro yow with oute eny raony of yourls, that ye ne hadde sende to me sithenesse some raony by Germyn, Kyrton, or some other raan, &c. Forthermore as tochyng the seide answeris, y pray yow that they be well redely avysely and distlnctely over radde and the substance of them right well understonde, and most speciali the furste arti culo, the whiche ys raost and right harde to answere, and that oure Eecorder have knoweliche of all thyng that y have write home yf he be here as y suppose attis tyme, and but yf he be, to sende home to hym In hast; so that y have youre conceyt witte and entente to repplye to the seide answeris, and to the furste most specyally, whiche is derke to ray conceyte as yet ; but y truste to God hit shall be right well with youre gode enformacion and helpe therto: to whiche entent y sende yow a rolle yn the whiche is conteyned copies of Dora us Dey, copy of Eyrls, of charters and other thynges that is necessary to be S8|ye yn raakyng of thes repplicacions. Y can no more attis tyme, but y pray you to be not wery to over rede hire and se all the writyng that y have sende home to yow attis tyrae ; and yf yebe, no raervalU thogh y be wery, &c. and God be w* yow. y-wrlten at London yn aile Sawlyn day" afore day yn hast. Itera, y pray you to sende me the blak rolle whiche shall be delyvered to yow by Thomas Montegow, by William Hampton berer of this wri tyng, the which Is a man true ynogh as y truste and suppose and hatk borwys for his office, lete thera be pryvy to, yf yow,'' that hit Is to be do. Indorsed. A letter of certlficatt from John Shillingford, Maior, of his doinges at London. " Nov. 2, 1447. ^ yf yow, sic MS. — ? yf yow like. CAMD. SOC- D 1 8 LETTERS OF JOHN SHILLINGFORD, V. Shillingford to his Fellows. London, Sat. 11 Nov. 1447. [Draft Letter.] He was at Lambeth with the Chancellor on Sunday the 5 Nov. 1447, and spoke with him about the Answers to the City's Articles. On Monday in the Exchequer Chamber the Chancellor amended the answers himself. On Tuesday the. cause came on again, and he describes the proceedings. The other party are to shew their evidences on Sunday next. I grete you well aile, doyng yow to understonde that y am at London as y have write to yow afore this tyrae, &c. and as touchyng the laboure and spede of oure corayh raater sithen y wrote last to yow, y was at Larabeth with my lorde on Sonday next after aile Halwyn " day and spake with hyra at gode leisure and yn gode tyme and well disposed. Among other thynges y asked .... at dey and how we sholde be demened to brynge yn oure repplica cions, he seyde " Come the morun Monedey'' .... the love of god," Y seyde the tyme was to shorte, and prayed hyra of Wendys dey; y enfourraed hyra [of t]he grete malice venym that they have spatte to me yn theire answeris as hit appereth yn a copy thaty sende to yow of. My lorde seide, " Alagge alagge, why wolde they do so ? y woU seye right sharpely to ham therfor and y nogh," and com- raaunded me to bryng the answeris to hym the morun at West minster, and that he wolde amende hit w' his awne hondis, &c. and so y departed, and mette w* hym that morun yn the escheco'' cham ber, and as sone as ever he saw me a ferre, he called me to hyra and asked the seide answere, and he rased hit as hit plesed hyra w* his owne handys, oure party advers w' theire counsell beyng present and yvell plesed and payde therwith, and my lorde was to tham right sadde ne wolde hire ham speke no worde, but spake to the chif Justyse Fortescu and prayed hym to be w* hym that morun atte mete to comyne of oure mater, and yeaf no dey to that other * 5 Nov. 1447. 1) 6 Nov. 1447. MAYOR OP EXETER, A.D. 1447-8. 19 party ne to me to be there and so departed. The morun tuysdey " y carae to my lorde [at Westrainster ayen and asked yf he wolde coramaunde me eny thyng to do that dey, he seide yee, to be w* hym that after mete to comyne as hit is aboveseide. Y seide, " My " lorde oure repplicacions beth not yet alie redy ne mygh not be for " shortenesse of tyrae thogh y sholde dye therfor, and yet y hadde " waked nyghte and dey." He seide hit was right yvell y do yf hit rayght otherwise have be, and coramaunded me not fealle but kepe my dey, that after mete : and so y didde and with me Dourissh and Speare, and for that other party Kys, Hengston, More, Wode, and Orcharde, a greet barre. Furste my lorde asked how we departed laste. Hit was seyde apoune the answerys of the Bysshop, Deane, and Chapitre, put yn and we to replye. Y seyde, " My lorde, oure " repplicacions beth not yet fully redy bot anon to oon *" and that oon " alraost as hit appereth here aredy to shewe." My lorde and the Jus tyse seyde no force to shewe and ryght meny resons why. Y seyde yes, and made resons sympelly as y cowde; so hit was graunted that y sholde bryng ham yn, &o. My lorde seyde that he wolde sende for the bokys that y have write to yow of yn Kent ys warde: then he bade that other party goo a part and comyned w' ray seyde felowship and me nigh by an oure, and he was right mery and comyned raeny dyvers maters bothe of disporte and sadnesse : furste of dys porte of Bysshop Stafford ys tyme when my lord was there," and among other y spake to my lorde yn dysporte of the arest of S'' Thoraas Gogh and of Hugh Luccays atte Denys place, and what favo"^ yhad do and had no thanke and of other thyngys as corae yn to my raynde. * He cowde^telle us how Germyn toke the churche ]>e day of eleccion, &c. Y seide . ... therof a disporte, and that Germyn putte his fynger yn his ye and*wepte, also y t . . . . e most sadly wyse. Atte last fyll to raater of sadnesse, and they spake of Goddys hous Seynt Peter ys churche of Excetre, and my lorde spake of his house, his halle, and the Justyse the same, how ¦ Tuesday, 7 Nov. 1447. '' Originally " aile most oone." ¦: The Chancellor was at one time a dignitary of the Cathedral of Exeter. ¦l the to wyse — added in the margin and then struck out. 20 LETTERS OF JOHN SHILLINGFORD, loth they wolde be to raake arestys theryn, and seyde that seynt Peter ys churche was Goddis hous and his halle, &c. and made raeny resons to bryng yn abstynce of arestys. They were answered as God wolde geve us grace. Douryssh " didde well his part ; nerthelez all the longage bot hit were the lesse was by twene my lorde ChaunceUer the Justyse and me.' My lorde ChaunceUer wolde that y sholde myve of menys. Y seyde, savyng his coraraaundement, that y cowde not theryn ; hit was not ray part : and then he hym self and the Justyse moved of menys dyvers, and atte the laste my lorde moved of this mene to forbere arestys of aile men of habyte and theyre servantys, famylyars, and bailliffs, withynne the churche and cimetere at aile tymes, &c. Douryssh acquytted hyra well, and leyde meny rayschyfiys, &c. Y seyde therto also as y cowde sympelly, and then y reherced to hyra of the last accorde of the suberbys with oute Esteyeate and what abstynance was of courtesy y graunted at that tyrae, &c. y conceyved that my lorde wolde move of no nyre mene and then y seyde to hyra thus: " My lorde, y beseke you of youre gode lordship to have rae exscu .... to move or aggre to eny mene ... y have speke with ray felowship at horae or they here with me." Tham thoghte y seyde reso- hadde right raoche longage of the Bysshoppis fe, and specyally of the vyw and of the Bysshoppis Court what court he hadde and sholde have : here of was right moche longage •• and reson prove and contra. Y hilde myn awne. Y hadde maters y nogh, &c. My seyde lordys bothe seyde that thay hadde olde recordys and evydences to prove their content. My lord hym self spake derkely of right olde charters the whiche y as ever have supposed right well ; so y said, " My lorde, y have- hurdig^a| suche thyngis, bot y sawe hit never, praying yow yf eny suche "thyng be, that they raay be shewed and seyn, and bot yf hit may be answered ellys so to make an ende," &c. My lorde conjoured rae to make an ende of this mater and yf y so didde y sholde be cronycled. Y seyde, " My lorde, y have don ray " Douryashe io me — struck out, and then " stet" put over it; " stet" also has been struck out. '' longage— first written " ado and reson." MAYOR OF EXETER, A.D. 1447-8. 21 part as y truste to God ye shall knawe and wolle reporte as fer as y can may and thar do after youre coraraaundement." Y conjoured my lorde ayen and seyde these wordys, " My lorde, ye beth lordje under hevyn, " excepte the kyng, that the Cite of Excetre have niost feyth hope " and truste theryn, and have fulle power to make an ende, bysekyng " you and as y dar requyre yow, se the ryght and lete hit never passe " yo"^ hondes bot so to make an ende," and raade us go a part and called that other party. They were with hym bote ryght a litell while and called us yn ayen, and bade that other go apart, and seyde to us that they hadde corayned wyth that other party, and they seyn' moche that they woU abyde apoun theire right, and shewe thelrij forseyde evydence to prove hit. Y seyde, " My lorde," as y have aboveseyde, &c. 'My lorde seyde, " Mayer, ye seye right well, and so we woU do and precede," and so we all departed sine die, &c. Bot sythenys y have be w* my lorde dyvers tyraes and now have a day, and that other party to be before my seide lordis the morun Sonedey apon the makyng of this letter; '" they to shewe ther evy dences as y suppose. What they raeneth that they woU abyde apon theire right and shew theire evydence constre ye. Gode and gentell longage and shore y have of that other party, and that they will abyde the rule of the lordys, &c. and that the lordys pur pose to make an ende, &c. bote y fere therof bot the courte be so hard against us, therfor to speke wyth the nywe shyrf y sette hit grete wysedome so hit be by soche a mene as be knowe noght fro us for drede.'' Certe hit be seyde that that ys the cause of the breche, &c. for they have labored strongly and sayeth nay, &c. " Letter written Sat. 11 Nov. 1447. ^ derde, MS. ¦ 22 LETTERS OP JOHN SHILLINGFORD, VI. Shillingford to his fellows. London ? Nov. or Dec. 1447. (Draft Letter.) Dowrish and Speere saw the Chancellor on the Sunday before his arrival. New bonds are ordered to be sealed to entreat for a composition till Candelmass. Dowrish and Speere were before- the Chancellor on Monday ; the cause was postponed. Shilling ford arrived in London on Tuesday, he has not seen the Chancellor yet because he waits for the " buckhorn"* which was to be presented. Upbraids one Germyn for his negligence in not sending it. Worthy siris y grete yow well aile; doyng you to understonde as touchyng the laboure and spede of oure mater that Dourissh and Speere hadde be w* my lord on Soneday next before my comyng and hadde ther right gode chere of my lord and other and right . . . so spedde there yn the beste wyse at f* tyme as the mater stondeth, andyn especyall as tochyng the coraraaundement the whiche y reported at horae, nywe bondls to be made and enseled at home to entrete yn to Candel masse and lenger yf )>e parties myght so accorde to breve the mater to the lordis hondis ; and that we myght not accorde therof to be remytted to the lordes and they so to make an ende; ofthe whiche commaundement my lorde remembred hyra right well therof as well as the Chif Justlse, and ray lord avowed rae well therof and was right well pleased of' all ray laboure at home y-reported to hym by Thomas Dourissh and Speere yn the beste wyse, my lorde seyng of me that y was never worthy to be called, that y was a goderaan wyse and well do my part, after his commaundement attis tyme and shold have goddes blessyng and his, and whan that ever y come to be well corae to hym, as the seide Dourissh and Speere reported to me ; and also they spake to hym of a sute like to be take by l^e B. D. and C. &c. My lord answered bot litell therto at that tyme, bot bade ham to awayte apoun hym that morun at Westminster and so departed. Ayenst whiche tyme the seide Dourissh and Speere right wysely ordeyned counseU Yong " buckhorn.— This appears to have been a kind of fish. In the Receiver's Account it is stated that 400 of bukhorn was bought to be given to the Chancellor. In the Household Account ofthe Countess of Devon (State Papers, Henry VHI. iii. p. 1403) amono-st other fish there is an item for " 6254 buckernes, 355. -lOd." <> of first written " with " MAYOR OF EXETER, A.D. 1447-8. 23 and Beef, and so carae yn before ray lord ChaunceUer the morun Moneday, and nywe moved hym w* moche longage as tochyng the sute aboveseide. My lorde seyde he myght not werne tham Jie comyn lawe, bot he seide right feith fully and sadly he wolde conseil ham the contrary and coraraaunded to awayte apon hyra and ^e Chif Justlse beyng togeder. A rule to be sette, &c. And so departed and stent yet. Furthermore y do you to understonde y come to London on tuys dey, so ]jt y wolde have be w' my lo*d ]>t sarae dey tyraely y nogh afore mete ; bot I taried and yet tary because of fe buk horn ft was boght or y went and forth before at Stoklond or y departed fro home as Germyn, that never legh, tolde to me verily w* grete othls; the whiche came not yet, rae to right grete anger and discom fort by ray trauthe, and the cause f* hit was boght for myche like to be lost ; for hit hadde be a gode mene and order after spekyng and communication aboveseld, the buk horn to have be presented, and y to have come there after, &c. and so to have sped moche the better : but now hit is like to faille to hyndryng. And so y have helpe ynogh abakward and but " litell forthward as hit at aile tyme proveth and appereth. Y prayyou specially to thanke moche t . . gentill Germyn Quasi duceret euge euge Germyn of his governaunce attis tyrae, id male gaude Gerrayn. Nothelez [I know] right well he woU ascuse hym right well by thike fals harlot his carloure, and the carioure yn like wyse by the seide Germyn, and so I may say ait latro ad latronem and inter scabella duo anus labitur Jiumo. Cristes curse have they bothe, and seye ye amen non sine merito, and bot ye dar sey so, thynke so, thynke so. Also y charge Germyn under rule and commaundement of J. Coteler ray lutenant, f* he do that he can do, braule, bragge and brace, lye and swere well to, and yn especiall Y \e stretes be right clene and specialle the litell lane yn the bak side be nethe the flessh folde yeate, for ther lieth many oxen hedes and bonys that they be removed away for the nonys ayenst ray comyng as sone as y may by cokkis bonys.'' • hut litell— originally " no thing." ^ cokkis bonys— i. e. God's bones or God's wounds (?) ; Gogs wouns. See "Taming the Shrew," Act iii. scene ii. 24 LETTERS OF JOHN SHILLINGFORD, VIL Shillingford to one of the Bishop's Counsel. 14 Dec. 1447. (Draft Letter.) Concerning the entreaty to be had at home under the new bonds — prays him to fix place, day, and time for the consideration of the matter, and expresses his desire for a " good end" — a curious passage at the end has been struck out. See the note. Eight worshipfull sir, y recoramaunde rae to yow. Like^ yow to be remembred of the speche and coraraunicacion ft was late be twene yow and me at Westminster before ray lorde Chif Justise and also what he seide and how that y conjured yow and ye con jured rae ayen, and aile to the best entent to aile parties as y hope to God, trustyng that ye buth and woU be the sarae raan as there, or better yf ye better may, and y the sarae after my syrapell power by ray trauthe : apon the whiche communlcacion as y seide to yow that y wolde, and as ye seide my part was to spake with my lord Chaun ceUer, &c. and afterward Maister Eogger Kys and y were before ray two seid lordis to knowe of a rule and a departyng home, &c. Whas rule and coraraaunderaent as y conceved was this, to raake and ensele nywe hondis yn to Candelraasse next corayng, and lenger yf the parties wolde at oure comyng horae ; and yn the raene tyme to entrete at home to shorte the mater to their hondes ; and that we myght not accorde therof, they to make an ende, the whiche hath ever be my will and laboure y take God to wytnesse, and yet shall be. Wherapon y consideryng the rule and commaundement of the lordes and the entent of fe communlcacion betwene yow and me abovesaide, y sende to yow at this tyme praying yow to considre the sarae, with more that hit is bot a short and a bysy tyrae consyderyng the grete parties and maters, with the circumstance and grete and longe communlcacion that is like to be. Wherfor y pray yow to prefixe place day and tyme as ye woU resonablUy, and that as sone as ye may godely, the rather the levere,'' and ye shall be all redy and wyth aile " Like — twice altered, and put in place of "praying," '' the rather the levere ; i.e. the sooner the bettsr. MAYOR OF EXETER, A.D. 1447-8. 25 thoo that longeth to be there, for oure party un faiUed ; so that noo cause of tarying shallbe founde yn oure party with the grace of God : praying yow the sarae, &c. for ye " may fully conceve ft ray felows and y wold fayne have a gode ende and pees, prayng you to applle yo"^ god will and favo' to the sarae. And how hit may please you to do in fs, y pray you to s[ende] hit me yn writyng and aile shall be well w' f* grace of God, whiche have yow yn kepyng. Amen. Writen at Exeter the thursday fnext) after Sent Lucie. [Dec. 14, 1447.] VIII. Shillingford to Dowrish.'' Exeter, Wednesday, Eve of St. , Thomas the Apostle, Dec. 20, 1447. Requesting him to help to make a good end of the matter; with him are Radford and Hengston and William Beef. Eight Worshipfull ser, y recoramaunde me un to yow ; doyng yow to understonde that as touchyng the grete raaters yn debate by twene my lord the Bysshop of Excetre the Deane and the Chapiter ther, and the Maier and Comminalte of the seide Cite, the whiche maters at London this last term passed, by comaundement of the lordis ys put yn rule as hit appereth by a letter the whiche y have sende to William Hengston, wherof y sende to yow a copy; as well as of dyvers other buUIs of suppllcacions by the seide Maier and ' In place of the words from " ye" to the end he had written originally as follows, but substituted the other passage afterwards; " We wolde right fayne have an ende, ye ne noo man conceyvyng for noo drede ne dowte that we have yn oure right, ne y John Shillyng, for noo drede of grete wordes of malyce, disclaundres, longage, writynges, ne settyng up of bullis to that entent to rebuke me and to make "me dulle to labore for the right that y am sworne to, for truly y woli not be so rebuked ne y dulled, but the more boldeliere and shapely after my sympell powere as the lawe woU to do my part as y am sworn to ; ne ever the werce willed to aile gode communlcacion and resonable meene to make a gode ende, and thus y desire to be knowed and reported, for with the grace of god y woU be oo man, and the same man y have be." b Dowrish appears to have been one of the City's counsel. CAMD. SOC. E 26 LETTERS OF JOHN SHILLINGFORD, Comminalte y putte yn be fore the seide lordis. The whiche copies aU y pray yow avysely to over rede and well understonde after the commaundement and rule aboveseide. And after the gode will, prayer, fourme, effecte, desire, and entent of the seide Maier and Comminalte comprehended yn the seide letter and bullis, to applie your gode will and to do your tendre and diligent labour to helpe to make a gode ende, and that all my feloship and y pray yow right hertly. And yn especyall that ye be oon of thoo pryncipall en- dlfferently to entrete ther ynne that most gode raay do ther yn, and with yow Eadeforde and Hengston, and so that WiUiam Beef be oon with yow by your speciali meene to be brogh yn, for pleasur and the better to ende the raater hardly with the grace of God. Ye may constre moche thyng &c. hot this aboveseide thus don, y dowte noght, bot truste to God verily to have a gode ende and pees with the grace of God, whiche have yow ynh Is kepyng. Amen. Writen at Excetre on Wendisdey yn the vlglU of Seynt Thomas the Apos- tell. Indorsed. A letter of advertysraentes. IX. Shillingford to the Bishop. Exeter, 24 Dec. 1447. [Draft Letter.] The Lords before whom the matter is " in compremys" have postponed it until Candelmass with a command that the parties should endeavour to agree at home, as .appears by a letter lately sent by the Chancellor to the Bisshop. The Mayor and Comonalty are ready to agree. The City did not wish to dispute the Bishop's right to the Fee. The Church and Cemetery are distinct from the Fee and not tbe same thing as it is now desired to be set up this last term contrary to the Bishop's first answer to the City's articles. Begs he will endeavour to settle the affair according to the efieot of divers bulls of supplications put in by the Mayor to the Lords, of which he sends copies. Eight Worshipfull and Eeverend Fader yn God and gode lorde, y recoramaunde me un to your right gode and gracyous lordship. Please hit your gode and gracious lordship to have yn knowliche MAYOR OF EXETER, A.D. 1447-8. 27 as tochyng the grete maters yn variance betwene yor right gode and gracious lordship the Deane and Chapiter of yo"^ Cathedrall Churche of the Cite of Exceter aud the Maier and the Comminalte of the seide Cite, the which maters by yo"' menys so labored un to the highnesse of our soverayn lorde the Kyng was broght yn and so by longe tyme hath honged and yet hongeth yn compremys be fore the lordis. The whiche by the seide lordis this last terme as y con ceyved thus ruled, and coraraaunded nywe hondis to be made and enseled to entrete yn to Candelraasse andlengeryf the parties myght so aggre and accorde at their comyng home ; and yn the mene tyme to entrete at home to shorte thejnater to their hondis, and that we myght not accorde therof they to raake an ende ; and that by longe tyrae hath be ray lorde Chauncelleris coraraaundement as y knawe right well, and as hit proveth and appereth by a letter by hym late to yow sende, the whiche letter he this terme avowed well for rajai excuse your conseill beyng present, and as y seid yn yo'' presence yn the Chapetry hous of yo' Cathedrall Churche of Excetre. The whiche rule and commaundement the seid ]\laier and Commi nalte fully aggreed ham for their part and were all redy to fulfiUe hit at London and so buth yet her at horae, and shall be yn all wyse, or eny other resonable entrety that may be raoved or stured or by yow commaunded, so hit be knowed to the pleasure of my seid lords a,boveseId, praying yow and yo'' parties and yow most specially of your gode aud gracious lordship to 3'eve your gode will and applie yo'' favo'^ to conforme t6 the same; considryng verily that we wold right fayne have a gode ende with yow as lawe, right, reson, and gode conslence requlren, with all favo'' desired resonable that by our part raay be shewed or don, and to that is called your fe, most specially bysekyng yo'' gode and gracious lordship to be amytted therto, for hit was never our will to putte that yn debate ne to de- spute the right therof, but as we have be forced therto by yo'' Arti culis of Coraplayntes and other actes of the same, or elles to lese our rig(ht), &c. Also hit was never known ne seide bot that tlie seide fe was a thyng by hira self, and the seide Churche and Cimitere 28 LETTERS OF JOHN SHILLINGFORD, anothet thyng by hira self, as ye have supposed and claymed and allegged by two the furst divers articulis therof made yn your furst articulis of compleynts, withoute that yo"^ Cathedrall Churche and Cimitere be parcell of the seid fe or annexed therto, as hit is and shall be well proved by evident writyng, witnesse, and other wyse. But now late this last terme ye have supposed and leyde the seid fee Churche and Cimitere to be conjoyntly contraryto yo'' furst clayme, as hit openly appereth yn your furst articulis of yo"^ provys to have a colo'' to the seide Churche and Cimitere by the seide fe, &c., as hit is right well conceyved, and therto ye have aleyed for yo'' prove the boke of domysdey, the whiche is no prove, and that we have and shall comytte yn to the grete wysedomys ofthe lords abovseid. But we truste to God, savyng yo"^ gode lordshippe, the same boke shall prove our entent as hit is proved and pleynly appereth yn our furst ansAver to the seide same articule of y'' provys. The whiche with meny other thyngs shall be redy to be shewed before yo'^ gode lordships yf hit please you. But what conclusion that ever ther folwe we trustyng to God to have yo* gode lordship, we woU be demened resonablUy with all favo'' to the pleasur of your gode lord ship as hit Is aboveseid, and of the seid fe raost specially, ever bese- kyng you and as we dar requyr you that ye woU applie yo"^ blessed favo'' and benyvolence to the gode ende and appeasynge of this mater, after the will, desir, forme, effecte and entente of dyvers bullis of suppllcacons by us y put and to be put yn be fore the lordes of this raater, of the whiche bullis I sende to you copies by the berers of this my pore writyng, whiche copies please hit yo"^ gode and gracious lordship at yo' leysure to over se and fully conceyve, the rather to have a gode ende as we truste to God : and like you to knowe that y have write to Copleston and Hengeston and y spoke with Eadeford of this maters for myn exscuse to be reported above be fore the lords, so that no cause of taryng shall be founde yn our party, but ever all redye, &c. Bysek yng you of yo' right gode and gracious lordship, as y have my lord ChaunceUer, to have me exscused of myn non comyng to you MAYOR OF EXETER, A.D. 1447-8. 29 as my dute hath be and Is. Considryng verily if y myght knowe .... lordships pleasur and commaundement therto, the whiche y wolde full fayne knowe and come grete joye and comfort to aile your puple and gostly children of the Cite of Exceter and me most specially ; and how hit raay please your gode lordeship to do and commaunde us yn the rule and commaundement of the lords above seide to have yn knowliche by the berers of this my symple writyng at yo' pleasur. Please yo' gode and gracious lordship to have yn rembrance that I and all the Comminalte ofthe seide Cite ben your gostly children and yo' raen af yo' commaundement and ever shall be by Godd's mercy, whiche preserve yo' gode and gracious lordship and yo' blessed faderhed yn his high mercy. Writen at Exceter the xxilli day of Decembre. By yo' awne servant and bedman, J. Shillyngford. Indorsed. A letter from the Jo. Shillingford, Maior, to the bishop. Instructions from Shillingford to his Deputy. 24 Dec, 1447. Instructions to speak to the Bishop and deliver a letter from the Chancellor. He is to make excuses for the Mayor not bringing the letter himself. It is the Chancellor's command that " we intreat at home." The City is willing. The Mayor is hurt at some remarks of the Bishop's. After the recommendaclon had yn the raost godely wyse, ye shall seye to ray lord that the Maler yeveth* yow yn commaunderaent to seye, that ray lorde ChaunceUer greteth hym well and sendeth hyra the letter, bysekyng hym of his gode lordship avisely to overse hit : wherapon as ye suppose after the entent of the letter that ye most speke myche more with him, also bysekyng him of his gode lordship 30 LETTERS OF JOHN SHILLINGFORD, atte reverence of my lorde ChaunceUer to yeve leyser and attend ence therto ; seyyng also that hit is the Maler Is part to have come hyra self with the letter and exscuse, &c., and then how dan gerous hit was to raake eny worthy raan to corae to hym att tyme for strange chere at'Clist, &c., and that the Maier exscused hym ayenst my seide lorde ChaunceUer to brynge the letter, &c., and pro- inytted to sende of the most worthiest as he hath, &c. Itera, that ye commende my lorde ChaunceUer yn the most beste and trusty wyse, and that hit is his commaundement and other lordes, and longe tyme hath be, that we sholde entrete at home, the whiche hath be the Maier Is grete laboure the grete part of all this yere, and myghte noght be excepted therto, and so he hath re ported before the lordes as well as the furst coming to hyra to Clist to seke his gode lordeship aud pees for his exscuse: and yet the Mayer and the Cite now aswell as before this tyme by commaunde ment of the lordis and by their awne gode wyll prayeth and desireth that the matter myght be disclosed before his gode lord ship, the Maier, the Eecorder with other of the Cite at his pleser beyng present, trustyng to God verely al for the best, and myche the rather and the better to have a gode ende as lawe, reson, and right gode conscience requyren, he to fele aile the maters, and so as ye suppose to be his awne juge, and ende myche of the mate'rs by his awne conscience, we knawing his blessednysse and gode con science, &c. Forthermore, ye shall seye as for the Maier wher my seyde lorde hath seide, and sende hym word that he is not the man that he wend that he had be, the which worde is to hym right hevy, and seith that he shall fynde hym the sarae oo man and same true man as he hath be, and so he trusteth to God he is take and knawe among the lordes above ; but thogh he and other labor for the right of the Cite w*true menys as he hath do and none other wise as hit shalbe well proved, hit is no cause, &c., they beth sworn therto as he Is to the right of Ills benefice. Make ye myche of this matter and of the derae suying, and of the short chere at Cliste, and the gode chere that the Maier had yn'his Closet, bryngyng Coteler MAYOR OF EXETER, A.D. 1447-8. 31 to his gode grace, y yet praying the sarae yf y may be herde, and that ye desyre his gode leysur now, and but yf ye rnowe now to corae to hym ayen. XI. Instructions to Shillingford's Deputy going to the Bishop. (?) Dec 1447. [Original and Draft.] He is to raake his excuses for not coming to his Lordship at Chudleigh. And after dywe recomendaclon ye shall byseke my lord of his gode lordship to have me exscused of myn non corayng to Chud- legh. For yf aughte be by rae otherwyse than aughte to be done God y take to wytnesse hit is but for defaute of connyng sympel- nesse and lewdenesse of myself. But for myn exscuses dyverses ye shall sey that y hadde warnyng of ray lordis comaundement bot the nyght before and that late, after candell tendyng, my hors bare and my ridyng harneys being at Shillyngford, feloship not corayned with ne warned who to ride with me. The whiche y cowde not all brynge aboute yn so shorte a tyme, and also hit was seide to me with the seid comaundement these wordis fro my seid lorde, that y sholde corae to Chudlegh yf rae thoghte hit were to be done, &c. The whiche seyyng yn ray sympelnys considerid, rae thoght hit was not to be don at that tyme, consideryng before all thyngs the Kynges right high furst comaundement, the rule of my lord ChaunceUer and the ij Chif Justises, and of their comaundement to ensele nywe bondis and entrete at horae with % resort ; wherapon raen y nerapted, day y sette to entrete, and all growith and is under the Kynges furst comaundement ; and also considryng the bulle the whiche y presented late to my lord ChaunceUer, wherapon dyvers letters were made, wherof" ye shall presente my lord copies ; Also * whereof — whereof all. B. 32 LETTERS OP JOHN SHILLINGFORD, y most considryng yn my sympelnesse that my lorde hadde no knowliche of all this laboure ne y no knowliche of his privy comaundement as all tyme hath be hadde yn thes mater how y sholde have governed me, and seide at Chudlegh y stondyng mayer and of power, and yet havyng no power, ne noght raay do, seye, aggre, ne assent withoute coraraunicacion hadde with my feloship, a Comrainalte whiche is harde to dele with, dredyng ray sympelnys lest eny thyng shold have passed me the whiche yf hit sholde have be noted right well, &c. the whiche all this con siderid me thoght hit was not my part to come to Chudlegh with oute more strelter comaundement, and so y sent Thomas Cook, &c. Also ye shall seye to my seid lord that he shall fynde the seide Maier oo man and his welwylled and true men what eny men seye of hym, and a redy at aile tymes as hym aughte to obeye and fulfille his comaundement. And yn the grete mater yn debate specially y-trustyng to God and his gode lordship that he will no" coraaund rae ayenst the Kyng's comaundement, my wordis, works, and writyngs. Item ye shall seye to my lord that y have do my dayly labour yn all wyse, aswell here at home as at London, and to my lord ChaunceUer specially, furst by mene [of] Courteys the Frere, and then by writyngs, as hit appereth yn the seide bulle, and then by mouthe myself to my lord Chaunc;eller. And so y have do as moche as y can may and dar do by ray trauthe to bryng the mater all yn my lords hondis ; And yet yf hit may be seye how by my lordis privy comaundement y may more do y shall the utmyst as me aughte do to my lordis pleasure, besekynge ray lord not mystrustyng'' me or" lete me be dyscharged of the privy conseil of the mater, for Thomas Cooke tolde to me so that y sholde not have knowe of the privy coraraunicacion betwene the Bysshop and my lord at his rather beyng at Chudlegh for drede of discoveryng ne hadde be, that noght rayght be do w*oute rae as mayer. Indorsed, A lettre of John ShiUingfordes for excuse because he could not resort to the Byshop at Chudleigh. * not — noght. B. '' mystrustyng — mystrute. B. "^ To — or to. B. MAYOR OF EXETER, A.D. 1447-8. 33 XIL H. Webber, priest, on behalf of the Bishop, to the Eecorder (?) Chudlegh, 28 Dec. 1447. Thanks for good will expressed in the letter sent to him (the Bishop) on Sunday. The same day he had a long and diffuse letter from the Mayor of Exeter, stating that the Lords' command was that the matter shall be^entreated at home in this vacation. The Bishop will order Copleston and Hendeston to be at Exeter at the next sessions of the peace for that purpose.** My right reverend trusty and singular maister, after dewe and entlerly recommendaclon with all worship and reverence, my lord the Bysshop of Excetre, of whas coraraaunderaent y write un to you at this tyrae, thanketh your kyndenesse of your gode and well conceyved letter that ye sende unto hym on Sonday last passed, the whiche day sone apon -that he receyved'' your letter he receyved a long and right a diffuse letter y send to hym by the Mayer of Excetre remyttyng my seide lord in the same yn to a long rolle of suppllcacions by hym raade ther a fore, yn the whiche letters ye as yn youre by the enforraacion of the seyde Mayer, and the seide Mayer as yn his letters conceyved, atte laste terrae that hit was appoynted by my lord of Canterbury and the two Chyf Justises, that the maters be twene my seide lord and the Deane and the Chapitre of his Churche of Excetre and the seyde Maier and the Comminalte of the said Cite hongyng sholde be entreted here at home yn this vacacon, with other larger words of the same in the Mayer's letters comprehended. Trewly, S', what the departyng and how at the laste terme was a fore my seid lord the ChaunceUer and the seide Justises ray seide lorde was a fore and Is fully enfourmed therof. Notheles for as moche as ye fynde the seide Maier and his feloship of the Cite disiderable and aggreyng a communlcacion to be hadde after the effecte that ye commyned with my seid lord sum " There was a consultation in the Chapter House, Lent 1447 8. — See Extracts from Receiver's Accounts in the Appendix. '' Originally " hadde receyved." CAMD. SOC. P 34 LETTERS OF JOHN SHILLINGFORD, tyme at Excetre, and yn maner so the seide Maier writeth hym self to my seid lord, with maters of pretens contrarye articulis and other allegauncies and remissions yn to meny diffuse suppllcacions, seyng furderraore that he hath writen to John Copleston and William Hendlston for the same coraraunicacion to be hadde for the gode ende and peasyng of the seide maters, of the whiche my seide lorde seith that hit pleaseth hym that a communlcacion myght be "hadde yn haste, and he woU do the seide John Copleston and WlUiara Hendeston to-be at Excetre with other as well of the Chapitre is counselll as of his awne atte next session of peas. So that the seide coraraunicacion be no longe delaye to hyndryng of his Churche and of his right, for trewly he woU noo long delayes theron, bot to do his avail whan he shall se his tyme. And yf hit so be that ther shall be y-offered suche weyes that may be to the gode ende and peasying of the seide maters withoute hertyng and delayng of the right of his Churche, he well applie hym self therto with gode will : and where ye wrote yn to ray seide lorde that he raoved to yow that Williara Hendeston and ye a certyn day limited by yow and by ray seid lord for to comraune for the gode ende to be hadde yn the seide raaters, and he kepte not his day, my seid lord seith that ye knowe well by certefyyng of right worthy men that he rayght not be there at that day for certyn causes that they certefied yow therof resonable. Notheles sone apon he came to yow and ye and he communed to geder, the whiche coraraunicacion was be ease and litell fruite theron. And he seith that sith he carae home from Courte he communed with yow of dyvers maters, bot ye moved noo thyng of the seide maters. And therfor my seide lord supposed ye wolde noo raore therof, Notheles my seide lord, seyng your gode will, whiche ben of counselll with his Churche, wyth" hym, and with the Maier of later date, thanketh yow hertely of your gode letter and also the Maier for his godeley letters, and with the grace of God John a Copleston and William Hendeston and other, as hit Is aboveseid, shall be a redy to comraune with yow under the " wyth— originally " and." MAYOR OF EXETER, A.D. 1447-8. 35 fourme as hit is aboveseid to the effectuall gode ende with oute grete delay, for trewly y ther sey yow secretely, on grete truste that y have founde yn your person ever, my seid lord woU not be long delayed yn noowise, as y veryly conceyve by hym, and therfor y wolde for the reverence of God and ease of the pore puple and for your grete worship that ye rayght be cause of the gode ende and peasyng of the seide maters. And yf y myght se that hit myght take effectuall and a spedefuU ende, y sey yow felthfuUy y shall do my part truly therto with the grace of God, the which have yow ever yn his gracyous kepyng, and my seid lord praied yow that ye wolle notlse his wyll aboveseid to the seid Maier and to such other as your worthy and appreved diserecion semyth best for be don. Y-write at Chuddelegh the xxviii day of December. By your owne Prest, H. Webber, dwellyng with the Bysshop of Excetr. Indorsed, A lettre agaynst the Cite sent by a preest to the bishop. XIII. Shillingford to his Fellows. London, 2 Feb. 1447-8. [Draft Letter.] On Candelmass Eve he received their letter brought him by Harry Dobyn, which he has well understood. What to do he cannot yet be "redely avysed," but will do as best he can. Eight worthy siris, y grete yow well ; doyng yow to understonde that on Candlemasse yeve y receyved a letter y send to me by Harry Dobyn, whiche letter yn ray sympell conceyt y yn aile thynges have well understonde, and y am and was before that letter fully reraerabred of all thjoiges that is comprehended theryn, as specially of Stokewode, as well as more of the entrety sorae tyme raoved by Sir William BoneviU, and of the comraunycacion ther 36 LETTERS OF JOHN SHILLINGFORD, f upon hadde at London, and specially yn the Cloyster at Paulys, the right grete of the parties, with theire conselUe, and moche other puple beyng present ; what was corayned, raoved, stured, desired, and by whom ; how hit was procured and shortly thro wen of; how hit was conceyved, reported, and take there and ellis where, and what yvell wyll, waywardnys, and unkyndnesse was assigned, and what was promysed and what was do therfore, ye knowe right well, and Eichard Druell specially : some wherof ye and y com myned therof the last hole day of my beyng at home at Exceter yn my parler ; constre ye aile thynges what y mene. What is to do furthermore y can not yet be redely avysed by conseill, bot y raost doe as y se the mater woU be ruled, and as y can, may, and dar do, eschewyng variance, breche, throwyng of, and yndyngnacion specially, and so y shall by the grace of God," whiche have yow yn his kepyng. Amen. XIV. Shillingford to his Fellows. 3 Feb. 1447-8. [Original and draft.''] The Buckhorn was presented on Candlemas day. On that day he was with the Chan cellor at mass and presented his caudle to him, and " abode there to meat by my Ibrd's commandment." Describes the scene and his conversations .with the Chan cellor about the cause. [Worthy siris, y grete] yow well aile, doyng yow to understonde that the bukhorn came to rae bot on Candelraasse yeven [afternone 'somewh]at better late than never, whiche bukhorn was presented to ray lord on Candelraasse day by the [morun. How hit] was presented y-take, and what thankys and better thankis y nogh therfor Harry Dobyn can telle [yow of some]what by ihowthe. That day was y " by the grace of God— originally " so far as God will yeve me wyt and grace." '' The worda in brackets are filled in from tho draft, here called B. MAYOR OP EXETER, A.D. 1447-8. 37 at Lambeth with my lorde at masse, and offered my candelle [to ray lord is] blessed bond, y knelyng adoun. offeryng my candell. My lord wlth_jaghyng chere upon me seide hertely, " Graunt mercy, Mayer," &c. That same day y abode there to raete by ray seide lordis coraraaundement ; [y mette] with ray lorde atte high table ende comyng to meteward, and as sone as ever he saw rae he [toke me] fast by the honde and thankis ynogh to : y seide to my seid lorde hit was to symple a thyng considryng his astate to seye onys graunt mercy, bot yf y hadde be at home at this faire he sholde have had better stuf and other thynges, &c. Y went forth with hyra to the myddis of the halle, he stondyng yn his astate ayenst the fire a grete whiles, aip.d ij bisshoppis, the Ij Chif Justises, and other lordis, knyghtes, and squyers," and other comyn puple grete multitude, the halle fulle, aile stondyng a far apart fro hyra, y knelyng by hyra, and after recommendaclon y moved hym of oure mater shortly as tyrae asked, and yn especiall bf this ij Chif Justises beyng there, bysekyng hym or their departyng to calle ham to hyra for oure raater ; he seid hertly with right godewIU, and prayed God that ther rayght be right a gode ende ; and y thanked hyra and seide with his gode lordship we were alraost thurgh and at an ende, y seyyng also by these raenys "My lord, y have herd yow seye that ye and the ij Chif Justises of a rule of the Churche and Cimitere were negh accorded." He seide hertely, " Yee for gode." Yseide, " My lord, as touchyng the fee Eadford and Coplestone beth nigh accorded at home, whiche two accordis y knowe we buth aile most thurgh :" the whiche seyyng aile he toke on the best wyse and was well pleased therwith, and so departed fro hym at that tyme. Mete y doun, my lord toke his chamber, the astatis and other with hym. Y put me yn presse and to ray lorde and spake with hyra right a grete while, so that he called the Justises to hyra and moved of oure mater. Y wolde have seide, &c. the Chif Justise toke upon hym to seye, &c. and seide moche thyng for oure part, and quytte hyra a gode man*" to us. a squyers — "quyers " B. '' man— 'originally " lord." B. 38 LETTERS OF JOHN SHILLINGFORD, Furst he reherced how we were broght yn be fore tham by the Kynges coraraaundement, how we wolde have be dysmyssed and discharged fro tham," and be atte comyn lawe and myght not, and how hit hath be labored ayenst us duryng the tyme of this entrety, so that ther is a Shirf y made and the contrey embraced ayenst [oure] entent and thus we stode at'' myschlf, &c. The other Chif Justise seide well therto also, and my lord toke hit [welle] seyyng, " Hit may not be so ; assigne ye a tyme the parties to be called, a rule to be sette, so that hit shold be amendyd :" and so departed as for raore communlcacion of oure mater. Afterward y spake with the ij''* Chif Justlse there a grete while, to whom oure mater myche was rawe. He understode and toke my seyyng and ynformacion [yn the moste] beste wise, and so seid "^ therto for oure part. [After this we toke our leve, and y yn my leve takyng seyyng [these] wordis, " My lord, have raercy and pyty apoun that pore Cite, Jesus vidit civitatem et fievit super eara ;" also bysekyng him to yeve me leve to sywe to-his gode lordship to have the raater refourmed as hit is aboveseide ; he seide y sholde be right weUe come what tyme that ever y come, and so departed thens and stonde this day, &c. That nyght right late Harry [Brok] broght me a copy of a recorde whiche y sende to yow,'' to the whiche recorde with avys of conseill y thyng* bolde[ly to] appere forthwith this terme, &c. and y hope hit shall be right well as the eas stoondeth, and better than hit was desired and like to have be atte last entrety at horae, with the grace of God, whiche have you in his kepyng. Writen at London the morun after Candelraasse day. [3 Feb. 1447-8.] John 7 ^y Shillingford; ;M'°f Excetre. Indorsed. After makyng of this letter y receyved a Copy of a writte ayenst John Hulle, as h[ere folowyth]. " See the Petition to the King in the Appendix. ^^ at — originally " yn.'' B. "^ and so seid — originally " and seyde right blessedly '* in B. . ¦¦ See end of letter.l « " thenke " in the draft. MAYOR OF EXETER, A.D. 1447-8. 39 Devonia, Distringas Johannem Hull de Exonia in Comitatu tuo marcbaunt per omnes terras, &c. respondendura octabis Purifica tionis Thome ipse simul cura Eicardo Toher de "Exonia Sherraan vi et armis in ipsum Thomam apud Exoniam imprisonavit, &c. et ipsura in prisona quousque idem Thomas finem per centum solidos pro dellberatlone s . . . . . . . Eicardo et Johanne fecisset, &c. Et alia contra, &c. X On a ryder : — Devonia, De termino Sancti HiUarii anno regni Eegis Henrici vj. xxvj". rotulo lix". Distringas Majorem et Comraunltatem Civitatis Exonie Octabis (sic) Purificationis Johanni Notte clerico vi et armis ipsum Johannem apud Exoniam absque causa rationablli ceperunt et imprisonaverunt et ipsum ibidera sic in prisona contra legera et consuetudinera regni nostri Anglie diu detlnuerunt. Et alia, &c. Addressed. To John Coteler, lutenant, Thoraas Cook, John Gerrayn, Walter Pope, Eichard Druell, and other, this letter be delyvered, &c. XV. The Mayor and Commonalty of Exeter to the Lord Chancellor. February 1447-8. [Draft Letter.] Praying him to write to the Bishop and desire him to conform to the King's command ment, and to stay the suit at coramon law. Please hit yn to youre right gode and gracyous Lordship of youre specyall grace and favo' to write unto the right reverend fader yn God and blessed raan yn hym self Edmund Bysshop of the Cathedrall churche of Excetre and to the Deane and Chapitre of the same, as touchyng the grete raater yn variance that by long tyrae hath honged betwene the seid Bysshop, Deane and Chapitre and the Maier and Communalte of the seid cite ; furst, yf hit please 40 LETTERS OF JOHN SHILLINGFORD, yow, recyt3rng how that the seide mater of variance came before youre gode Lordship and the two Chif Justises by the high com maundement of oure soverayn lord the Kynge by theire sute, ynstance, and laboure to his highnesse therof raade, at whiche tyme the seide mayer and comraunalte wolde full fayne to have be dysmyssed a large and the raater to have be deterrayned atte corayn lawe, bot for drede of the seide commaunderaent, to tham right ferfull, obeyed and bounden them to abide the rule of youre gode lordeship and the seide two chif justises after the seide commaunde- mente ; and so they have governed tham, don and fulfilled all thyng that longeth to theire part to don ; and if any thyng lakke they beeth redy to perfourme hit as they seyn, trustyng to. God verily to have hadde right a gode ende. Whereapon how that ye yn your gode lordship yn the ende of the last terme of Seynt MIghell, for shortness of tyme and grete bysnesse for jje Kyng, evyng yn com maundement to the seid parties to go home, nywe bondls to be made and enseled yn to Candelraasse, and yn the mene tyrae to entrete at home to shorte the mater to youre blessed Lordis, and so an ende to have be made this terme. Bot as ye beeth enfourmed by the part of the seide Mayer and Comraunalte that they beeth varied fro the seide comaundements and suyth a large atte corayn lawe to yow grete raervaylle if hit so be, praying tham specially at this tyme to be refourmed and confourme thara to the seide com maundement, the whiche the seide Maier and Communalte have and woU yn aile wise obeye, abide, and be bounde therto, as they seyn, to have a gode ende and pees ; and as us thenkyth hit is yo' part to do the sarae; and so we woU that ye do atte reverence of Godes pleasure, of the Kyng, and oure worship, and as ye woU yese and pees yn this raater ; and ellis to oonswer the Kynges com maunderaent and oure rule, and to lete us have yn knowleche why ye woU not." ' The latter part of this petition shows that it was only a draft. The last sentences were evidently intended to be employed by the Chancellor in addressing the Bishop, MAYOR OF EXETER, A D. 1447-8. 41 XVI. The Archbishop op Canterbury to the Bishop of Exeter. Lambeth, 16 Feb., 1447-8, Begging him to refrain from proceeding at Common Law because the matter is by his labour and that of the Justices in course of settlement under the bonds that were made to Candelmass last. Trusts that a composition may be made and if any difficult point arise the judges will settle it. Eyght Worshipfull and wyth all my herte right welbeloved Brother, I grete you well full hertly. And suppose ye be well remerabrld howe that matler whiche longe tyme h-ath abiden yn travers bitwixte yow, your Brethren and myn, your Deane and Chapitre of yowre churche of Excetre, and the Mayer and the Com minalte of the same, by speciali comaundement of the Kyng was comraytted and putte to the rule of the two chief Justises and me, wheryn as God knowyth they and I have laboured long tyme, and specially the last term yn our effectuall wyse for the gode of pease and sure conclusion to growe therof, bryngyng the matler by daylle labour to grete ripenesse the souer therby to have concluded theryn : And for as moche as we myght not approchyng the ende of the terme further labour theryn, hit was comyned and desyred nywe bondis to be made and enselld at home by bothe parties unto Can delraasse last passed trustyng the matler to have be comyned and yn partie entreted at home. And as nowe we wold have preceded theryn to somme gode conclusion ; and the matler is attained at large yn the comyn lawe: We praye yow as yet that, notwith- stondyng havyng consideracion the sel^e Mayer and Comminalte have att all tymes and yet ben as they seyen redy to obey and abide all entrety, yow like to putte the raatier to take soner effec tuall ende by entrety and yntercommunicacion than by rigour of the lawe. And yf ther be eny poynte of grete difficultee or tra vers, the seide Juges and I woU putte to owr labour to the remedy CAMD. SOC. G 42 LETTERS OF JOHN SHILLINGFORD, and redresse therof with all our hertis and power. And almyghty Jhesu have yow ever yn his keeping. Writen at Lamehlthe the xvj daye of February, J. Archebysshop of Caunterbury. Indorsed, The besshop of Canterbury to the bishop of Exon. XVII. The Chancellor to the Chief Justice, Urging him to use his influence with the Bishop for an entreaty to be had at home. Worshipfull and right welbeloved Frend, — Y grete yow well, and doute not ye be well remembred of that mater whiche hath longe tyme abiden yn travers betwixte my Brother of Excestre the Deane and Chapitre and the Maier and the Comminalte of Excetre, wheryn ye for your part have hadde grete laboure ; y' pray yo'v, considryng the mater Is attalnyd at large in the comyn lawe not likely by that mene to be ended lightly, as your wysedom knowyth well, yow like at this tyrae yn your beyng ther to raove and enduce my seid Brother and aile parties to putte the mater yn entrety at home, trustyng as me serayth fully wyth raore charite and lasse coste the mater to take sonner ende by that mene than by processe or rigour of lawe withoute your dysplase. And almyghty Jhesu have yow yn his kepyng. Writen, &c. The bishop of Canterbury unto the lord Cheff Justice for an in trety- to be had. XVIII. Instructions to Eichard Druell, drawn by Shillingford. Lent, 1447-8. [Draft.] Druell is to recoraraend the Mayor, &o. to the Lord Chancellor. Pray hira to remember howthe Mayor last departed frora him, and specially of the communication had with him the Sunday morning before the Mayor departed in his "ynner chamber" at Lam- MAYOR OF EXETER, A.D. 1447-8. 43 beth. He abided till Tuesday, and had a letter to the Bishop of Exeter. Also tell him he sent his letter to the Bishop by John Hulle, John Coteler, and you Richard Druell. The Bishop sent Canon Kys to treat with the Mayor, who refused to treat with any one but the Bishop; but they agreed to refer matters to counsel on either side, and met at the Cathedral, Copleston, Kingston, and Wood for the Bishop, and Radford, Hody, Beef, and Dowrish for the City. No answer yet given to the City's articles. The Bishop sent word to the Mayor that he would be at Exeter to meet him. In the evening the Mayor waited on the Bishop. The Bishop spoke with him. The Mayor attended at the Cathedral on Monday morning " at 10 atte belle " and was assigned to come before the Bishop in the Chapter House. ?Lent, 1447-8. Furst ye shall recomraende the Maier and all the hole coraralnalte of the Cite of Excetre to ray lorde ChaunceUer is gode and gracyous lordship as his awne puple and true bedmen, and at his commaunde ment at aile tyme redy, and that this be seide with more after your discrecyon yn the raost godely wyse and under the most best and convenyent terrays as longeth to his high astate and plesure as lord. Y sey for my self by my trawthe and for all the seide Com minalte as y suppose, yn wham after the Kyng your soverayn lorde we have raost feith hope and truste verylye, ever thankyng hym of all his ryght grete gode gracyous and endyfferent lordship at aile tymes to us redy shewed and don, and yn especiall yn this mater yn debate by twene the right reverende Fader yn God and blessed gode man if he most be Edmund Bysshop of Excetre, and the Deane and Chapitre therof of that oo part, and the symple Mayer his raan and the Coraralnalte of the seyde Cite of that. other part, the which mater, with the grace of God, with con ty nuance of the gode, gracyous, and endyfferent lordship of my seide lorde, the grounde of right y knawed yn bothe parties by leysur ys like to take effecte and gode ende. After this recommendaclon and thanks ye shall praye my seyde lorde of his gracyous lordship to be remembred how the seide Mayer last departed fro hyra, and specially of the communlcacion that the seyde Mayer hadde with my seide lorde the Sonedey yn the mornyng next be fore his departyng yn my lordis ynner chamber at Lamhyth, wher y moved my lord of meny dyvers maters and yn 44 LETTERS OF JOHN SHILLINGFORD, especyall. of my lord Bysshop of Excetre and ofthe grete mater hongyng yn debate by twene hym the Dean and Chapiter and the seide Cyte, and how that as y supposed that ray seide lorde of Exceter had no more knawlyche of the grounde of this mater then the ymage yn the cloth of areys ther, &c. and yf he knyw the right title and grounde of this mater, considryng his blessednesse holy lyvynge and gode consyence, that hit wold be cause myche the rather to be at a gode ende, and cause to knowe the better the gode, gracyous, and favorable lordship that my seyde lord ChaunceUer hath showed and don as well to my seid lord Bysshop of Excetre Dean and Chapltres part as to the Cite of Excetre and elles not, &c. My seyde lord ChaunceUer conceyved and consydred rae well, and seyde that y sholde have a letter wyth me to his seide brother Bisshop of Exceter of this matter, and comaunded me to abide, and so y didde anon to Tuysdey, the whiche Tuysdey y hadde the letter delyvered wherof y send a copy. That day y spake to my lord to have a tokyn to Sir John Wulston to have oure articles y-answered. My seide lord as y conceyved hym seide y sholde not nede, for he knyw well that they would answer at home, and so that they hadde promytted hyra. Y seide of lesse then they wolde answer to the articulis y sholde never enduce ray felowship to no suche " entrety ; and thus y hadde ray leve and departed fro my lorde and came horae to Excetre, &c. Itera, ye shall enfourme my lorde of the governance at Excetre tyrae of assise and speciaUy of the wacche and kepyng of ]>e pees, and how that ray lord of Excetre Is tenantis were somned to come and kepe the wacche and the pees and came not, and what querell ther was made by the surveyur and Copleston, and how the Mayer bade ham to compleyne to the Justlse and so they didde, and how the Justise demened hit, so that the seyde tenants wolde have come afterward as well as be fore yf they moste, but they wer forbode apon a grete payne and charged yf eny of the Mayeres officers, entred yn to eny tenement of the Bysshop for to warne " no suche— first written " none." MxVYOR OF EXETER, A.D. 1417-8. 45 eny man to come to the wacche that they sholde breke his hed, wherof hit was like to have be right myche a do and grete troble. Nerthelez the pees by the mayeres rule well y kepte and dl other thyuggis so don that y truste to God the Justlse woU reporte the beste. Item ye shall enfourme my lorde how that y sende his letter to my lord Bysshop of Excetre by John Hulle, John Coteler, and yow Eichard Druell ; how godeley the letter was receyved, what gode chere and welfare they hadde there, and the answer that they hadde to the letter; that my lorde the Bysshop seyde that hit was not his part ne noght wolde comyne ne hire therof, but that he wolde sende his Counselll Copleston specyally -to comyne of that mater, &c. and so the seyde John Hulle, John Coteler, and Druell departed, &c. Sone afterward carae to the Mayer fro mj seyde lord -Bysshop of Excetre Sir Eogger Kys, chanon, and seyde that he hadde a bulle y come fro my lorde of Excetre, that he sholde speke with the Mayer there to know his entent of the seyde letter, and so to reporte to my lorde. The seide Mayer seide to hym ayen that he cowde" no skyll to speke entrete ne uttre no mater to my sevde lord Bysshop by mene. And that the seyde Maier conceyved and knywe right well that his seyde lorde Bysshop toke unworthy as he myghte right well for sympelnesse and poverte to speke or entrete with hym. Nerthelez he seyde suche sympell as he was he was Mayer of Excetre and hadde yn comaundement of my lord ChaunceUer to speke, uttre maters, and entrete with hymself. Wher for he seyde that he after my lordes coraraaundement and as Mayer of Excetre he wolde boldely take hit upon hym, &c. Kys wolde no ferther yn that, but moved and stured of other divers entreteys.'' And y seide ayen, sithen that they wjplde leye this entrety apart, what ever entrety they wolde move, sture, or desire resonable hit sholde be aggreed, so that no defaute shoulde be founde yn oure * cowde — oowde, MS. !> " And yn especiall to have a day of entrety, ij. of their counseyll y called to and ij of oures. Whereupon we accorded of a day. The Mayor " struck out in MS. 46 • LETTERS OF JOHN SHILLINGFORD, part; wherapon we comyned of divers maters and entretyes, and atte last we conducended yn this wyse : ij men to be nempted of ayther counseyll to sette ayther party yn rule of entrety; hit was aggreed, men of counseyll y nempted, and a dey y sette at Seynt Peter's. They nerapted Coplestone yn certeyn, Hengston or Wode for their part. Y, Mayer, nerapted Eadeforde in certeyn; Hody, Beef, or Douryssh as y rayghte gete, and so departed. The whiche dey at Seynt Peter's we raette with bothe counseill, but they fayled of Hengston and broghte Copleston and More. We faylled Eadeford and broghte Beef and Douryshe; wher was myche com munlcacion, ye Druell beyng present at that tyme and at every doyng and communlcacion sithen; wherof y pray yow to reraembre yow right well and enfourme my lorde of all thynge truly and yn especyall of the answer to our articulis how ofte yn name of my lordes commaundement above seide hit hath be asked what answers we have hadde, and latyst specially, and how the counseyll at Seynt Peteres Churche tyme aboveseyde, seyde hit was reson that we hadde answers to oure articulis, and hit was aggreed. The Dean seyde that they wolde not entrete but yf they hadde Hengston, and seyde that they had meny old charters, evydences, and munimentes that their counseyll saw never, whiche sholde be shewed. We seyde and prayed for the love of God that they myght be shewed, yf eny suche were, and it sholde ende the mater but it wer lawfully answered ; and so dey yeve over and ajorned yn to Hengston is comyng. Our counseyll asked yf they sholde eny lenger tary for this mater : they seide nay, and so onr counsell was by them conveyed and so de parted fro us that dey ayenst nyght. The morun at viii atte cloke came to the Mayer my lorde of Exceter Is surveyour and Copleston and warned hym that my seyde lorde Bysshop of Exceter wolde be att Exeter that same dey atte oon atte clokke to speke w' hym of the maters comprehended yn the letter that my lorde ChaunceUer sende to hym by the Mayer; ofthe whiche warnyng the Mayer was fowle astoned and encombred, and seyde that this was grete mervalUe to hyra, trustyng to God tliat it was not my lorde Chauncelleres com- MAYOR OF EXETER, A,D. 1447-8. 47 maunderaent that ray lorde of Excetre should corae so, but that the seyde Mayer with other df his felowship sholde come to hym at his asslgneraent and callyng as their parte is, and wolde w* right gode wIU to comyne after the commaundement and the entent of the seyde letter, and thought that my lord of Exceter were avysed and ruled so to corae for so ray che as the matter of the seide letter by my lord ¦ of Exceter was leide apart as Is aboveseyde, and a nywe fourme of entrety take and entred yn entrety, and the matter ajorned over by avys of bothe counseyll as hit is aboveseide. Y cowde ne wolde not, savyng my seid lorde Bysshop of Exceter Is coraraaundement, nother speke ne entrete w"^ hym of 'this matter, prayng so to have rae ascused ; but yf he wolde nedys thus come, y w' my felowship wolde awayte apon his gode lordeship, and comyng w* all worship and reverence to receyve hym as oure part was. Copleston asked yf this sholde be oure answer, and yf hit so sholde he most sende a man yn hast ayen ray lord for ray lord was corayng. The Mayer seide this was hasty processe, and conceved right well that hit was do for to take hym yn a defaute, whiche he trusteth to God and my lord Chauncelleres gode lordeship that they sholde not ; and seide they shold take this for none answere, for the mater tochlth the grete Comminalte of the Cite of Exceter as well as hym. But communl cacion y hadde w' felowship they sholde have an answer. Cople ston seyde hit most be don forth with, for my lorde was comyng. The Maier seyde he raost have resonable tyrae for callyng and of communicacion. and desyred ij oures, oone to calle another to comyne, and no moo. And that with grete ynstance and prayer was graunted, with ynne whiche Ij oures and fast by oon oure tliey were answered that the Mayer w* aile the worthy of the Cite wolde awayte apon his gode lordship aijd his comyng. And at aile tymes to be all redy to come to his coraraaundement to his presence and specially suche as he wolde calle accordant to the writyng of ray lord of Canterbury. At yevensonge tyme my lorde the Bysshop was come, the Mayer w* aile the worthy as ys aboveseide and grete parte of the Comminalte, a fair felowship hardly, wayted apon 48 LETTERS OP JOHN SHILLINGFORD, hym as Is aboveseid,'^ and well comed hyra yn the most best and godely wyse that they cowde. How hit was y take and what stronge chere was hadde of the meyny y pray yow to reporte When my lorde hadde seide his prayers atte high auter, he went a. part to the syde auter by hyra self and called to hym a part the Maier and no moo and there comyned to geder a grete while. My seide lorde the Bysshop seyde to the Maler that he was come to towne by coraraaundement' of my lorde ChaunceUer to speke with hyra, and seyde that he sholde seye what that he wolde. The Maier answered and seyde he trusted to God that my lorde Chaun ceUer comraanded not so, and ''that he right hevy was of his grete laboure at that tyrae and that hit neded not, for yf he had send for the Maier'' and suche of his felowship as hit plesed hyra to have come to hym they wolde have come to hyra at my lord Chaun celleres commaundement and his as their part was with right gode wyll, and that as he supposed was the entent and commaunderaent of my lorde ChaunceUer, praying hym forthermore and bysechyng hym of his gode and gracious lordship to be oure gode lord as he hath be before this tyrae, with rayche raore &o. And that hit pleased hym to assigne hym an oure the morun, &c. My seide lorde seide he myght not tary, but be agone anon. The Maier seide that he cowde not comyne with hym sodenly and with so shorte avys and by hym self, and my lorde Chauncelleres commaundement was that y sholde have w* me at this communlcacion of my felows suche as hit pleased yow. And at your coraraaundement my seide lorde seide y sholde take wham that y wolde, there stode right y nogh'= abowte. The Maier seide yf he sholde so do he most comyne w* hys felowship wham he sholde have, and that oon of them that they wolde have as he knywe well was Thomas Cook seke lame at home, and so prayed my lorde most specially of his gode and " after aboveseide — " w* all the reverence that they cowde " — struck out. ^ " that " to " Maier " put in place of " that hit longeth to his astate to have bide at home and to have commaunded the seide Mayer to come to hym." ° ynogh — first written "ynowe." MAYOR OP EXETER, A.D. 1447-8. 49 gracious lordship to have dey over yn to a mourn ; and so w* myche hardnys, prayer, and ynstance hit was graunted at x atte clokke, and so hadde leve of my lorde and departed yn to a mourn. Among other next aboveseide my seide lorde commaunded the seide Maier to shewe that speciali writyng that he hadde proraysed to my lorde ChaunceUer that sholde make an ende of all the raater, and ther apon he stiked fast with stroynge longage and chere as well as yn other maters aboveseide. The seide Maier answered and seide he hadde raade noo suche speciali promys, and that he trusteth to God ray lord ChaunceUer woU reporte. The Bysshop taried at Excetre fro Fridey yevynsonge tyme yn to a Monedey erly yn the mornynge. The Maier wayted apon his gode lordship at aile tymes as his part was, and preferred hym his servys yf eny thyng he sholde and myght do or eny of the Cite ; they wer aile redy at his commaundement and ever prayed him of his gode lordship, and forthermore raoved hym yf eny thyng wer by coraraaundement fro my lorde ChaunceUer to call hym therfor, they wer at aile tymes redy to obeye, do, and come by his coraraaundement, and so bysoghte hym to take and reporte us, &c. At whiche tyme, at x atte belle, by asslgneraent of my seide lorde the Bysshop, the seide Maier and his felowship w' their coun seyll awayted apon ray seide lorde the Bysshop In Seynt Peteres Churche of Excetre, and there and at that tyme they were assigned to come be fore hym yn the Chapitre hous of Seynt Peteres. Memorandum. To have yn mynde of a blynde entrety, and how hit hath be ladde forth thus hiderto. Memorandum. Of the prlestis that beth endyted. Indorsed. A letter of Instructions to Jilchard Druell. CAMD. 3Q0. 50 LETTERS OF JOHN SHILLINGFORD, XIX. Shillingford to the Chancellor. Soon after 13 March, 1447-8. [Draft Letter.] The parties have been in treaty before Sir Richard Newton, Chief Justice of the Common Pleas, at Exeter, and also before the Bishop at Crediton. Hopes for a " gode ende." Please hit your gode and gracious lordship to have yn your blessid remembraunce as touchyng the grete raatiers yn debate betweene the right reverend fader In God and blessed man in him self and my right gode lord yn tyme hath be and yut throgh your gracious lordship I truste to God shal be, Edmond Bisshop of Exceter, the Deane and Chapitre of the same, and the Mayer and Comlnalte yo'' owne puple and poore bedemen of the seid Cite of Excetre, how hit pleased yo' gode and gracious lordshippe this same terme of Seynt Hillary to write p, lettre unto my seid lord the Bysshop of Excetre, to have the seyd matler yn trete at horae as " hit was hi your lordship comaunded at " Mighelmasse terrae, whiche lettre ye yeve me yn special comaundement to bere my self to ray seid lord of Excetre ; after'' which coraaundement I toke hit apoun rae and so did, where, through favoure of yo' " gode lordship, I ferld wel, had gode chere, and was yn the best wise right wel corae, and al thing comprehendid yn yo' lettris yn ful godely wise take, obeyed, assent, and agreed. Eadford and Copleston to be ^ at Excetre to trete yn the matyer; and so thei were at tyme of assises, at whiche tyme S' Eichard Neuton, chief Justise of the Coraun piece, called the parties before hira, and the seid John Copston and N. Eadford, and there he hardly did indifferently his true tendre and diligent labo' and parte for the gode appesyng and welfare of bothe parties yn the seid mater, after the effect and extent of y^ blessid lettre fro your lordship to him send by me. " as to at — originally " after yo'' comaundement yn." •> after — originally " at." " where to yo'' — originally" where for yo' love." > be — originally " beyng." ^ to be — originally " beyng." mayor of EXETER, A.D. 1447-8. 51 Whereapon day was assigned on Wensday next after Passion Sonday "... the seid Copleston and Eadford to intrete of this mater; at whiche day the seid Copston and Eadford, and I the seyd Mayor, with my felowship, were at Kyrton before my seyd Bisshop of Excetre, my lorde. of Devonshire at that tyme beyng present. And there and at that tyme a'' reule was mouthid and had''- accordyng to the forme of a condicion of an obligation, whereof I have send to yo' lordship- a copy yn this lettre, to -v^hlche bothe ¦parties at that tyme aggreed and assentid ham, a" special communication had before " with the seid justlse by me the seyd . . . my counsell and felowship ; trustying to God and to yo' gode lord ship to have right a gode ende. And, yf noe, ever to resorte to your gode lordship accordant to the kynges comaundement, by Goddis mercy, whiche preserve yo"" gode lordship in his high raercy. XX. Shillingford to Druell. After Lent, 1447-8. Instructions to speak tp the Chancellor upon the matter. Furst, ye shall remembre my lord how ye last departed fro hym by your olde enstruccion. Item, declare hym yn especiale of vyw de Franke plegge, what hit is, and as raany thyngis as hit drawith to hyra as fer as ye can, the whiche no lerned raan can well declare, ther beth so many. Itera, how the cite stondeth entitled theryn, &c. Itera, ye shall enfourme hyra of the grete laboure that hath ben at London sithenys, &c. by an enstruccon and letter that sholde have be sende home, yn the whiche Is conteyned shortly myche of the grete laboure that hath [be] at London. Also ye shall enfourme " 13 March, 1447-8. ^ ato had — originally " the seyd Copston and Radford made a reule as hit apperyth yn," then " a reule was had and made by the seyd Copston and Radford." ¦^ a to before — originally " moreover ther was a communicacion had." 52 LETTERS OF JOHN SHILLINGFORD, hym of the Justyses comyng yn to Excetre, how he was receyved, what chere he hadde, and how he toke hit, and what rule and governance hath be at Excetre at tyme of his beyng ther, and yn especyall ofthe wacche, and how that the Bysshoppis counseyll was w* the Maier, raakyng grete querellis by cause that he somned the Bysshoppis tenaunts to watche ; the mayer avowed hit well, and seide that that somnys was no wronge, ne cause to make no querell, but that he woU do raore ; of lesse " then they wold come when they were somned, that he wold streltly punysshe ham, and that they sholde knowe well.'' The Maier made his grete querell to the seide Bysshoppis counsell, seyyng that they hadde forbode the Bysshoppis tenants every apon payn of xl' that they sholde not come to wacche, and that they had seyd that yf eniy of the Maiers officers entred yn to any hous, that is of that that the Bysshop calleth his fee, that the tenant sholde breke his hed. Wherapon the Mayer raade right grete wayward longage to thara." The Maier seide waywardly he wolde do nlore, he wolde make levy bothe of the Citeseyn spendyng and the fe ferme, and that he wolde well avowe, and bade hara of all to enforme the Justlse therof, and that he wolde do the sarae, and so the Maier did, and the Justlse to all thyng for the cite is part yn resonablUy gode wyse toke hit, and yji especiall the wacche yn the best wyse, so that they woU wacche now w* a gode wyll, and beth gode raen and eysy as at Eadwey.* Wherof y pray yow to enforrae my lord of all thyng that was done and seyde ther at that tyme, &c. Next after this ye shall yn the Mayer Is name speke to my lorde for John Coteler and John Germyn, and then ye shall speke to hym for the Mayer of Pencrygge, w* all ® of lesse, — in the sense of ** unless," as in a previous page, and again in p. 70. ' well — after this there was "and seid to ham that they sholde enfourme the Justise thereof, and so they did. " •= tham — after this there was originally " and bade ham to telle that to the Justise, and seide that he wolde do the same, and so he did." ¦• Radwey was one of the Bishop's seats. The allusion appears to be to the obedience and good conduct of the Bishop's men there as compared to that of his men iu the City. MAYOR OP EXETER, A.D. 1447-8. 53 the grete circumstance. Y pray yow to remembre yow of all thyngs therof. After this ye shall speke to hym for the Mayer, that the Mayer that is and shalbe sorae tyrae, may not ne shall not mow dar " to rule the Kynges puple after his lawys, ne putte the lawe yn execucion, ne do ryght as he is sworn to for drede of my lord, and sey un to hym what men defauteth ryglit by his comaunderaent. Furst, oon Wouston, my lordes tenant, and Eichard Prewe. Also the jugement by twene Broghton and the Glasier, and by twene John Husset versus John Notte, and specially of S' John Notte of his fyn. Item in speciali of S' Thomas Gogh, how he is take out of Court, and the Court stondeth y charged w' hyra in dyvers wyse, and S' Williara Slug defauteth ryght, and raeny other[s] that wolde sywe ayenst hym ther. Item, of William Hampton, he remayneth by wey of execucion contrary ayenst y" lawe as hit Is supposed, and lith yn grete myschlf. Also afte tymes [the Mayor] hath not dar do the lawe and execucon thereof, as right requyreth, apon his tenants, mayny and other, as HuxhlU, John Fyle gold- smyth, most specially Eobert May and his wyf, by wham the Mayer is rebuked, &c. Eichard Eee specially ; his mynstral made affray apon a woraan, and wold have ravasshed hir. S' Thoraas Gogh Ji' made affray and toke the churche late. Forest seide J>* p^ seyd S"^ Thoraas was my lordes man. John Hussett arest a Saterdey, he most be delyvered to make my lordes work. Thomas Mayer ynter- ruptyng our franchise a Lammasse yeven. Of aile these and right meny raoo ]>^ Mayer hath not dar do right lawe ne execucon, for now alraost every man taketh colo' by my lord. Bysekyng Y to be remedyed, and also of beryng of the mace w*out Westyeat and of p" brygge '' while seson ys. " dar — after this " for drede of my lorde " has been struck out. i> p«. brygge — Exbridge was in decay at this time ; Shillingford made great efforts to restore it. See his -petition in the Appendix. 54 LETTERS OF JOHN SHILLINGFORD, XXI. Shillingford to his Deputy in London. Instructions to SPEAK to the Chancellor. Soon after Easter, 1448. Desires more time to answer the Bishop's new articles. Search to be made among the Public Records for evidence. Since " our departyng from London " the Canons have changed their conduct, and behave peacefully. * ***** * of all his right gode, endifferent, and gracious Lordship ally yn this grete mater yn debate by twene the righte reverende ffader yn God ; be Edmund Bysshop of Excetre and the Dean and the Chapitre there of that oo parte Comlnalte of the said Cite of that other parte. The whiche mater with the grace of God and gi-acIous endifferent Lordeship of ray saide Lorde, with leiser shall take gode effecte and ende and rig partyes. After this recomraendacion and thankys ye shall remembre my Lord how ye laste departed fro hym and sh to reherce to hym the articulis that comyth to yowre mynde, that beth com prehended yn the olde enstrucc[ion], the whiche ye delyvered un to my Lorde ayenst the Mayeris wyll, savynge my Lordes com maundement, ffor sympelnys of enditynge and writynge, con sideryng his high astate ; bisechyng hyra to have the articulis ayen, yff hit plese hyra, for youre better enstruccion; ffor this cause that y wolde noght hit were y-knowe that suche writynge cam fro me, leste the parties signe defaute yn me, and be more werce willed and dangerous to entrete. Nertheless if my Lorde suppose eny article comprehended theryn be not trywe, hit shalbe avowed trywe by a nother raene ; and if mj Lorde wyll that the sarae boke shall be avowed, hit shall be a bide by, and pryved trywe every poynte- coraprehended theryn. Fortherraore, ye shall remembre my Lorde of oure eomynge MAYOR OF EXETER, A.D. 1447-8. 55 haste to London ; of oure beynge ther ; and how we departed thens. Ferst, howe we cam thider, and kepte oure daye, by the Kynges coraraaunderaent and by ray saide Lordes, atte ferst day of the xv^, and sholde have reeeved the articulis the Wendlsday next after. But by the speciali dilygent and tendre laboure, ferst of M. John Druell, youre unkell, and after by prayer and desire of aile other of that parte beynge ther at that tyme, we were prayed and desired to abide with the articulis un to oure eomynge home, for theire evidence and theire better counseill to make theyre arti culis was at home, and that we be delyvered therof by boke endented, yn shorte tyme after oure eomynge home ; wher to we truste[d] fully, and therfor called no more upon my Lorde to have the articulis delyvered there ; and elles we wolde truly to have had tyme fro that xv^ ynto this xv" to have made oure answere, and yet that tyme had be full shorte, conslderynge, etc. How we sped whenne we corae home, hit is coraprehended yn the olde forsaide enstr[uc]cyon, all raost anon to the ende of the Parlement. What hath be seide and don sithen ye come ho[me] fro the Parleraent, ye knowe right well ; ye have be at aile tyraes present. Apon the deliverance of whiche ar[tlculis] to us covenant was at London that we sholde have had a coraraunicacion to breve the mater at home ayenst oure eomynge to London at thys tyrae, to my Lordes eyse and pleisere. How y have labored and called daylly to have the articulis delyvered, and coraraunicacion ther apon, as covenant was at London, ye knawe well ; and so y praye yowe enfourme my Lorde for oure exscuse, and how the articulis were delyvered us but a Thursday a fore Palme Sonday," and that full syrapelly yn paper, and afterwarde, at oure prayer and request, yn parchement, but noght endented, as covenant was ; they exscused ham, and wolde noght therof. Y wolde have corayned w' ham to have breved the mater, as covenant was, and as hit Is aforsalde ; and they seyde they hadde no power therto, ne cowde ne wolde not, but hire all thynge that y wolde seye, and eve me none answere, but reporte me. And • 4 April 1448. 56 LETTERS OF JOHN SHILLINGFORD, y thoghte, and seide that was no reson ; y seyynge if they wolde keep ham clos, y wolde do the same, and seye to ham right noght ; and if they wolde eny thynge sey and disclose, y wolde the same and more, to the entente to bryve the mater ayenst oure eomynge be fore my saide Lorde atte terrae, at his else and pleisere. They wolde therof yn no wise, but made protestaclon, as tochynge the articulis, that they wolde addere ad " diminuere, the substance noght changed, oon article excepted, the whiche they wolde adde yn sub stance ; and thus be we uncerteyn as yet of the articulis, and almost but as we departed fro London ; and God wote that is not oure defaute, for as ye knowe right well as fer as y myghte honestly y have called upon almost dailly to have the articulis delyvered, and a communicacion ther uppon yn this mater, as hit is abovesaid ; the whiche if hit had be had, w* the grace of God, hit sholde have breved the mater, and turned to eyse to aile parties, and to my Lordis pleisere. And thus hit appereth hit Is noght oure defaute, trustynge to God that oure party advers woU seye the same and they have seyde. And y seye by my trowthe, as y conceve, hyt is not myche theire defaute, that we have spoke and treted there with none of the Chanons at Excetre, ffor they have be and beth right yvell apayed of this longe tarynge and delaye of the articulis, and of myche other thynge, and yn the best wise wylled to entrete and to make an ende, and fyndeth theire exscuse by my Lord Bysshop of Excetre, and by theire counseyll ; but, as y conceyve, ther groweth myche thynge out of oo place and oo person specyally, etc. Fertherraore, y pray yow, what reporte that ever hath be made ayenst us by the Chanons part afore this tyme, for oure blame, that noght withstondynge, that ye reporte the beste and as trewthe is of theyre gode and sad governaunce sithen oure departynge fro London, for theire thanke and worship : ffor, by my trawthe, they and aile theyris by theyre governance have governed ham yn the most best, gentyll, and saddist wise, to all ententis, sithen oure departynge fro London. Ferst, they sejmge the streyte tule that > Sic MS. MAYOR OP EXETER, A.D. 1447-8. 57 the Mayer sette in the Cite for kepynge of the pees, they confourraed ham to the same, and ruled hara and aile theyris ther after, and so, blessed be God, that all nyght walkynge, yvell longage, visagynge, sholdrynge, and all riatous ride. Is lefte, and gode rule y-oorae yn place, y-blessed be God and ray Lord ChaunceUer. For now ther is by twene the parties, as hit is conceyved, grete gode wyll, worship, courtesy, reverence, yn procession specyally ; fayre, gode, gentell, and curteys longage ; gode chere and right wellcome, gode welfare, and grete festis yn the Chanons parte, and of youre unkell M. John Dru.[ell] most specially, and every day better then other, thanked be God ; and all groweth of my Lord ChaunceUer, -as [hit] is well conceyed. God continue hit! For y ther" seye hit feitli- fuUy, yf this rule had be had and kept a fore this tyrae, we hadde never be yn this debate ; and yf It be contynued, myche hertis eyse ; the [strife ?] to be at an ende, and never to be yn debate no raore, w* the grace of God. For now, if eny thynge be amys yn theire parte, the Mayer sendeth to thara to amende hit, as so they doth, yn the beste wyse, w* sharpe execucion ; and if they sende to the Mayer, the Mayer doth the same for his parte. And thus hit semeth that longe tarynge of delyverynge of the articlis, and entre- tynge of the raater, hath do eyse, pryvynge the wyll and the pacyencc of bothe parties, as now is pryved every day better then other ; w' this, that ray saide Lord Lord'' ChaunceUer be gode and gracious Lorde to oure partie to have resonable dey to raake an answere to the articulis, conslderynge longe tyrae that they have hadde yn makynge of the articulis, fro the xv^ of Seynt Hillary yn to the xv^ of Pasche ; and yet they have not nywe made hara, but corrected the olde, that were delyvered to us yn the xv^ of Seynt Mighell, yn the whiche the substance of the nywe articulis ys myche coraprehended. And so, as hit appereth, they have had tyrae of raakynge of theire articulis fro Mighelmasse yn to nowe ; and by reson the grounde of theire articulis was knowe be fore or they pur chased theire nywe chartre of oure Soverayne Lorde the Kynge, and « ther ; i.e. dare. "J Sic, MS. CAMD. SOC. I 58 LETTERS OP .JOHN SHILLINGFORD, SO longe tyme a bowte litell thynge, as hit appereth. Theire articulis yn substance is comprehended but yn iij thyngis. Oon is, that they cleyraeth to have the Cimitere fre, ceperat fro the Cite of Excetre." A nother article '' that they cleyraeth to have a fee called Seynt Stephenys Fee, ceperat and distyncte fro the Cite of Excetre, and no parcell of the same, and as they cleyme, and as they seyn, and uttred by Hengeston, of yldre tyrae then is the Cite. Arid if hit so be, hit Is harde to answere. Hit asketh meny grete encerchls ; ffyrste, yn oure tresory at home, a monge full meny grete and olde recordis ; afterward at Westminster, fyrste yn the Chauncery, yn the Eschecour, yn the Eeeeyt, and yn the Towre ; and aile these encerches asketh grete laboure longe tyme, as after this, to make oure articulis, we have meny true ayenst oon of theyris. All this asketh longe tyme, and we can noght do, yn to tyme that we have and knowe the certeynte of theyre articulis ; bysechynge my saide Lorde ChaunceUer to consldere all this, and that the articulis that beth derke may be declared and delyvered yn certeyn, and of suche recorde that they be not varied fro ; so that if they be lawfully answered, that the parties be stopped, as yn a Courte of recorde, by wey of plee, etc. ; and that we have dey resonable to answere and article, so that for shortnys of tyme to answere and to article, that we be not desert, as we truste yn the favour of his gode and gra cious Lordship. Fertherraore, as tochynge the iij''^ articule, yn substance is the Kynge oure Soverayn Lordes grete graunte, the whiche we can noght, ne raay noght, ne wyll ne dar noght answere ne despute ; ffor of his riall power he raay do what he wyll, for all thynge is at his coraraaunderaent, body, londe, and gode, etc. ; trustynge to God and oure Soverayne Lorde the Kynge, of his highnesse and grace, and my Lorde ChaunceUer to be gode mene therto, that we mowe be demened after his lawls, and as right requyreth. And y pray yow, * Here the following words are struck out — " the whiche y truste to God wol be answered and determined by evydent writynge." " Sic MS. MAYOR OF EXETER, A.D. 1447-8. 59 what was seyde yn the GUdehall at Excetre a Trusday yn the Ester wyke, first of oure Soverayne Lorde the Kynge, afterwarde of my Lorde ChaunceUer, and how the puple beth willed and set, foryete ye hit noght, but lete hit be truly reported, as fer as hit comyth to youre mynde. Indorsed. Letters of Instruction. XXII. A Memorandum sent by Shillingford to Speer in London, to be delivered to the ChanceUor. After 10 April, 1448. Upon the breach at Tiverton between Radford and Hengston the Mayor spoke to Harry Webber, and the matter was put to the arbitration of Radford and Coplestone, but the entreaty is broken, off again, he knows not why. Me* that apon the breche at Tyverton bitwen Eadford and Hengston,"of whiche reporte was made to the Mayer, he l^en by the speche of the seid Eadford, and by labour and spekyng of Syr John Wolston, and other, was ynduced to speke wyth Mayster Harry Webber, and so I dide, beyng presente the seyd Sir John Wolstone and John Coteler; at which tyme ther was right gode and gentle comraunlcacon, and thus accordlde, and that by the motiun of Mayster Harry Webber, that John a Copleston and the seid Eadford shuld have the raater yn comraunlcacon, and as for oo poynt or tweyn yf such were, that they rayght not accorde therof, &c. than the parties to be bounde to byde the reule of the lordis, &c. Of the which mocion the mayer was right wel apayed, and wyth assente of hys felowship fully agreyd hym therto, with all ther hertis, for hit was accordyng to my lord Chaunceler ys comaunde ment, &c. Wherapon the seyd John a Copleston and Eadford, by two joynte lettris, yn name of the 'seyd Mayster Herry and the seyde Mayer, were sende fore yn all haste. And so they corae and were yn coraraunicacion by two dayes, and desirid the partyes to be 60 LETTERS OP JOHN SHILLINGFORD, bounde to bide the reule, ordinance, and arbitrement of them. The whiche was aggreed wyth this, that of such thingis as they myght not accorde of to be putte on the lordis as hit aboveseide, &c. They wolden not therof yn no wyse, but seide that thei were discharged and dymyssyd by the lordis, and so at large, and that they wold sue ne have a do ther no raore. For this matter we seyd that we knew not therof, ne not so wolde, ne hit was not our parte yn to tyrae that we had other knowliche, &c. They seyde yf we wolden so aggre us, that the Kyng and the lordis shulden thanke us, and that they wolden undertake uppon ham. Wherapon yf so, &c. hit was aggreed. After this ther was a nother comraunlcacon, and then yn ther rehersall they wolde that the seyd Mayer shuld have sued for a discharge to be delyvered and departid for the seyd lordis. The seyd Mayer wold noght therof yn no wyse, ne so departe fro the lordis, hit was not his parte to do so wythoute ther special coraaunde ment, the whiche comaunderaent, yf they wolde ordeyne and gete, the Mayer wyth his felouship wyth right a gode wille wolde aggree hem, &c. The whiche seying was amytted, seying hit shulde be done, and bothe parties aggreed therto, and so departid atte ]?t time, &c. Sythenys the parties were never callid to gidre, and so this mater ys broke up, the cause not knowed to us yn no wise. This mater write yn hast I praye yow to understonde h* well, and by fie avyse of Dowryssh to amende l^e makynge ]7erof, if nede be, and ]>en to write h' clene, and have h* yn youre bond when ye speke w* my Lord ChaunceUer as for yowre instruccion. And when ye may take a tyme yn communicacion to delyvere hit to hyiji, saynge to hym ]>t J>is was sende after yow yn grete hast for youre instruccion yn JjIs mater. (Signed) g" M. [John Shillingford, Mayor.] Fur]7erraore }?* ye be fully remembred to meeve my lord Chaun ceUer 1?t no suyte be graunted ayenst us yn no wise, &c. To WiUiam Spere be JjIs delyvered. Indorsed. Letters, enstruccions, and other remembrances. MAYOR OP EXETER, A.D. 1447-8. 61 XXIII. William Spere to Shillingford. After 19 April, 1448. Has arrived in London and delivered the Mayor's letter to the Chancellor to Radford, ¦who said he would present it the next day, and would see the Chief Justice. The matter was on in the Common Pleas, and was postponed. Describes the scene at dinner, when the letter was delivered to the Chancellor, and reports fully upon the proceedings in London. Memo'' that on Saturday the xii" day of Aprlle Thomas Dowrissh, and William Spere with hyra, rode owte of Excetre to London wardls, and carae to London on tuysday next folwyng," at Iij. atte belle afternone, and anon as we came by my mayster is avis, and as the Mayeres coraraaundement was, &c. Y WiUiam Spere inquered as for John Afild, and soghte hyra yn dyvers placys, and coude not fynde hyra, and when y came ayen my Maister Dowrissh seid to me that he was don to wyte that my Mayster Eadford and my Malstresse his wyf were yn towne, and anon ray Mayster Dowrissh lefte all his awne bysynesse, and went4;o seike ray Maister Eadford, and fonde him and seide that his Maister the Mayer of Exceter commaunded hyra to hyra, and apon that comyned with hym prevyly of the letter that we hadde to my lord ChaunceUer fro the Mayer, and what was comprised yn the letter, and he was a passynge gladde man chery hardely, and seid he wold bere the letter hym self to my lord ChaunceUer on the morun, and that my lord hadde bede hym to dyne with hym that day, Wendysday. Nethelez he seid that he wold go furst '' [to] tpy lord Chief Justlse, and recoramaunde the Mayer and the comynes of Exceter to hys gode lordship, as his raen and pore b^raen, and how that ray lord ChaunceUer efte, at Hillary terme, wrotte unto my lord Bysshop of Exceter, that touchyng the grete mater yn variance, &c. not with » 16 April, 1448. ^ furst — in place of " furst" there was originally " and comyne with." 62 LETTERS OP JOHN SHILLINGFORD, stondynge that hit be by hym tained yn the comyn lawe, yet wold conforme to entrety as efte, and the raater to be corayned and entreted at home, and that that was harde and diffuse, and that we myght not accorde therof, reporte to be made un to my seid lord Chaun ceUer, and other lordis, and to the other to lordis Justices, they to make an ende accordant to the Kynges commaunderaent; and how that the Mayer and coraynes offred hara self to aile maner resonable entrety, and a entrety hadde, and the gentelnesse and favo' and proffers that was on the part of the Mayer and coraynes, and of all the mater, with the circumstance full and hole, and of the breche, &c. And ray Mayster Eadford, and my Mayster Dowrissh, can enfo'me yow better than y, for y was not all thyng so nye ham to hire and knowe aile thyng that was seid and corayned, for ray degree was not, &c. And there they comyned a grete while, and ray lord Fortescu seid raany things as me thoghte, and onys y herde hym seye, with right a gladde spyrute, "And my lord ChaunceUer woU be endyfferent, we shall have a gode ende y truste to Almyghty God and owre lady," and sone after departed. And anon upon that, my Maister Eecorder went to Westrainster, and Dowrissh, John Afylde, and y with hym, and ther anon the raater was caUed upon yn corayn place, and forthwith anon my Mayster Eadford send for Henry Brok, and charged hyra that he sholde not appere as for attorney, and he seide no more he wold, bote he prayed the Justises wolde respite hit yn to yo' corayng, and seid the were corayng and wolde come, as sone as ye myght. And anon ther was grete callyng apon by Moyll, Wode, and other that were of conseill, were" the Bysship ; that not with stondyng, the mater was putte yn respite yn to the morun by aile the Justices. And so then the Eecorder went to Lambeth to dyne with ray lord ChaunceUer, and y delyvered hym the letter, &c. and seid that y wold awayte upon hym there as sone as he hadde dyned, and so didde, and withyn an oure after wardes he toke his leve of my lord, "* were — {sic) MS. ? with. . MAYOR OP EXETER, A.D. 1447-8. 63 and toke a bote and went to Temple, and y with hym. And there he tolde me that he dylivered yo' letter to my lord, or my lord went to his dyner, seyyng that the Mayer and all the hole Comraunalte of Excetre recomraaunded tham unto his gode and gracious lordship, and " his man and pore bedman, and kyssed the letter, and putte hyt yn to my lordes blessed bond, and my lord with a gladde conty- nance receyved the letter and seid that the Maier and aile the coraynes sholde have Cristis blessyng and his, and bade my Maister Eadford to stonde up, and so didde, and anon my lord breke the letter, yeven while gracias was seyyng, and ther right radde hit every dell, or he went to his dyner, and when he hadde full radde hit he kepte hit with hyra stille, and Seid, with a myry chere chere (sic), the.se wordis: "Eadford, when we have dyned we shall comyne of this raater, and aile shall be well, with Goddes grace," &c. After dyner my lord called the Eecorder to hym and comyned hym certyn thynges yn the mater, as me thoght by his menyng, of the whiche y wote well he hath comyned privyly with Dowrissh, or elles he woU enfo'me yow of aile at his comyng fro Canterbury, for y went yn hast and made Dowrissh to come to hym to Paulls, and to comyne with hym of his beyng with my lord, &c. and so he didde, and sorarae of the comynyng y herde, bot all y rayght not, bot afterwardis my mayster Eecorder called rae to hyra and seid that ye shold wryte un to the kynge of this raater, rehercyng yn yo' writyng that there as afte hit liked the kyng to yeve yn coraraaunde raent by his letters under his prevy seell to the Mayer and the Communalte of the Cite of Excetre, to abide the rule and ordynanee of his ChaunceUer of Engelond, and his two Chif Justises, ofthe grete maters yn variance, and travers bytwene the Bysshop of Exceter and the Deane and Chapiter there, and the, Maier and Communalte of the sarae, and so hongying the mater yn entrety by the kynges coraraaunderaent, that not with stondynge the mater Is a tained at large by the Bysshop yn the comyn lawe, contrary to the kynges • and — (sic) MS. ? as. 64 LETTERS OP JOHN SHILLINGFORD, commaundement, wherof that hit liked the kyng of his bignesse to yeve yn coraraaunderaent to the seid Bysshop to cesse of his sute, and to abide the rule ofthe seide jugis of the seide mater yn travers, &c. And y was right gladde of his seyyng, and seide that y wolde seye yow so at yo' comyng, and so y toke my leve of hyra, and he went to his soper, and the morun Thursday " by tymes he rode to Canterbury wardls, and his wyf with hym, a full sike woman hardely for she hadd sore falle of hire horce. And for]? with y went to Westminster, and spake with Dowrissh and Brok, and seyde to Brok that he sholde not appere as attornay for the Mayer and Comynes, and he said [he] wold not. And anon the [mater] was called apon, and the Justises raervalUynge that the Mayer carae not, and ther apon yssuys were yn raaner assessed at vij '' as for the two writtes, then hit was seid to the Justises that the Mayer was corayng, praying tham to respite, &c. yn to the morun. And so they didde full gentlUy. And anon S' John Wolston came to me and asked why ye were so longe, aud y seid the wold be here yn hast, w* Goddis mercy, and then he sej.d that he wold fayne that there rayghte be a gode ende yn this mater, and y asked by what mene, and he seid by entrety, and no rigo'ste of lawe, and y seide and he wolde so he wolde not lete calle so fervently atte barre apon the Mayer and Comralnes, &c. and y seide furthermore that the Maier and Comralnes at aile tymes have byden aile resonable entrety before thys, and yet bene redy to abide as y conceyved, and anon he seide me that there were many wylde and unresonable felows. of the Cite of Excetre. And y asked what they were, and he seide William Hampton of Exceter, and other of the Sergeantes. And y asked why and for what cause, and he seide, with a high splrute, that William Hampton and other of the Sergeantes seid at Excetre, yn William Gyfford is hous, there yn hiryng of a priest of my lord Bysshop of Excetre there beyng neghe atte that tyme, that there shold meny a priest of the close of Exceter loste his hede onys of » 18 April, 1448.. MAYOR OF EXETER, A.D. 1447-8. 65 myssomer yeven. And y seide y darst well seye that he ne none of his felow ne none other of the Cite seid never so, and asked yf eny other raen cowde seye and wolde avowe that, and he seide he knyw none that wolde ne kowde sey so, saf the seide priest, and y seid that his tale was not be lyved, for hit wolle be supposed ever of yvell wille and none other. Also he seide un to me that my lord the Bysshop of Excetre hath write unto the kynge of this entrety hadde at horae, and how that he obeyed hym yn the most lowly wyse to all entrety resonable, and came and labored yn his awne person to seke the weyes and menys of pees to hym grete un yese, and grete menys offred yn hys part, and yet that not wyth stondyng the entrety broken of, trustyng to God no defaute to be assigned ne founde yn his part, &o. The Friday/' y came to Westmrtister, and there at [blanJc'] at belle the mater was called apoun by oure party advers ..... [TAe MS. here breaks off abruptly, as if unfinished.'] XXV. Shillingford to his fellows. (?) April 1448. [Draft Letter.] Was at Windsor on S. George's Day [23 April], and tarried there all day. Wednesday he came to London. The blame of the breaking off the last great entreaty at home thrown on the City, because they would not agree to give up the power to arrest canons and servants in the churchyard. They came before the Chancellor and two Justices at Lambeth, " after mete." Hengston not being there it was adjourned to the Ex.. chequer Chamber till the morrow. Worthy sirs, y grete yow well aile, doyng yow to understonde that y was at Wyndesore to London wardls on seynt George is day, and there taried almost aU that day, and cowde not hyre ne knowe " 19 April, 1448. CAMD. SOC. K 66 LETTERS OP JOHN SHILLINGFORD, there of noo thyng comprehended yn the letter y sende home to yow by William Duke, ne of none other thyng, bot all ther as well as hit was wont to be, and as y suppose with laboure and other thyng that longeth therto, yf men wyll better raay be. The Wen dlsday y carae to London, where was moche longage of oure comyn mater, and specially of this laste grete entrety at horae, how hit was broken up, and for right litell thyng, and all yn oure defaute. Thus hit was y seid that accorde was hadde here at horae by the seide entrety, that the Bisshop sholde have his fee churche and cimi tere parcell of the sarae, as he claymeth generally, and generall municion yn the churche, we to have right noght to don ne make none arestis withynne his fee, bot yn the cimitere to make arrestis, excepte of the Bysshop and his mayny, chanons, and aile men of habite, and for we wolde noght aggre bot to have power to arreste chanons men servants familiars withynne the cimitere, was only cause of brekyng up ofthe seide entrety. Y of purpose mette with S' John^olston, of wham y suppose growe all this untrue longage, and asked hym, &c. He seid every word, and that the accorde was suche as hit, Is aboveseide, with more that ther was writyng therof, and by what raenys y write, by the hondis of John More, yn presence of ray lord of Devonshire, atte Blak Freris at Excetre, all redy to shewe ; y seide if any suche writyng were knowe and proved by my seide Lorde and the other arbitrous, we moste nedys and with right gode will wolde abide hit, or any other reporte that they wolde make. This same day Wendlsday, as sone as y was come to towne ayenst raete tyme, ray lord ChaunceUer send for rae yn hast. Y came to hym in Lamhyth, wher y founde the ii Chif Justises of purpos moche » y suppose : of wham aile and specially of my lord y hadde right gode chere, never better, and right well come yn the best wise. Y spake with my seide lord and the Justises, apart fro ray Conseill, a grete whiles. They moved rae to knowe of the entrety and departyng at horae. Y prayed my lordes * moche — ? mette. MAYOR OF EXETER, A.D. 1447-8. 67 to have my Conseill to seye for me. He graunted hit to me. S' John Wolston was yn the utter chamber, and wolde come noo nyre, and for as raoche as Hengston was not there hit was enjorned over yn to the raorun at Westminster, yn the Escheker Chamber, wher Hengston reported to my seid lord as S' John Wolston hath as hit is aboveseid, excepte of writyng. Y answered and seide y knywe noght therof, nee of noo such accorde, ne cowde make noo reporte, and asked of hym what knowliche he hadde of that he reported. He seide as he herde hit reported. Y asked of wham. He seide the comyn voys of the Cite. Y seide of none bot of soche as were of theire part, and by tham self. Y seid forthermore that y was enformed by S' John Walston ther beyng present that ther was writyng of that reporte, as hit is aboveseide. XXVI. Shillingford to his fellows. (?) 24 May, 1448. [Draft Letter.] He left Exeter on Wednesday next after Corpus Christi, and reached London on the Saturday following. He describes his interviews with the Chancellor and the two Chief Justices, Worthy siris, ryght feyne ffrendis and ffelows, y grete yow well aile, doyng yow to understonde that on Wendlsday next after Corporis Christi day, as ye knowe right well, after vj atte clokke yn the mornyng y rode oute of Exceter to London warde ; the Saterdey next ther after at vij atte clokke by the mornyng y came to London, and so to Westminster, and ther mette with ray lord ChaunceUer, he beyng yn right grete bysyness ; as sone as "he sawe rae seyde right hertely, " Mayer well corae," and toke me by the honde, and made me right gode chere, and so departed fro hyra at that tyme. That day y hadde right grete bysynesse : furst y went yn to the Esc heco for oure mater of Exmouth, and there y spedde spede can and may ' spede resonabylly well. That day on Westminster halle y raette 68 LETTERS OF JOHN SHILLINGFORD, with S' John Wolston, and other of oure [and] theire conseill, of whara aile y hadde gode chere, and as they seide that y was right well come. Afterward y spake w*^ the chif Justis S' John_ Fortescu, goyng w' hyra homward, and hadde with hym right muche gode longage and wordis of comfort. After this y spake with the chif justice S'' Eichard Nuton, thankyng hyra of his favo' the last terrae, &c. He, a full gode raan, seide he wolde do for me what he myght godely. That day y corayned w* oure conseill of oure maters, and hadde wordis of gode comfort to spede right well. That day after none y wold have be at Lambeth w* my lord, bot y came not there because that Wolston was there that day. The morun be tyme y came to my lord, and hadde hym at right godd short leyso' ; to whara y recommended you all to hym yn the best maner that y coude, thankyng hym of his gode lordship, &c. praying contynuance at this tyme specially, and to helpe that we myght have a gode ende by doyng after the kynges coraraaunde ment, for elles we most to a triall, and that were harde. He seide, " God hit forhede, then sholde ye never love, and that were pyty," and he seide he woli speke with the Chif Justlse Fortescu, and pen another rule, &c. Y thanked hyra and seide, " My lord, they take grete boldenesse of ij thynges, oon of truste of the Shirf, another apon the lawe, y truste to Gode other wyse than they shall fynde hit." Also y seide to my lord that we hadde be yn debate by dyvers tyrae^, alraost by tyme of viij"'' yere, and that y coude never knowe fynde ne rede that we ever toke a sute ayenst tham, but ever stonde yn defence, as a bokeler player, and smyte never, and that y hadde to seye fro you to hyra that we were fully avysed, with leve of his gode lordeship, onys to srayte, takyng a sute, for we hadde meny and dyvers causis, and they hadde none, bot that we wold no thyng do bote that his gode lordship hadde know liche of, for we wold attempte hyra yn no wyse. He thanked and seyde that he coude not blame us. Y seide, " My lord, thus we most beare, serve and defende," that not with stondyng that, we woU be all redy at all tyme to obeye the kynges commaundement and his. MAYOR OF EXETER, A.D. 1447-8. 69 XXVII. Petition op the Mayor and Citizens of Exeter to the Lord Chancellor and the two Chief Justices. The evidence being ready, they pray for a day for the cause to be heard before the Lords, according to the King's commandment. The matter " hath honged yn debate hy tyme of iiij yere, of which tyme almost two yere yn yntrete." This petition appears to have been appended to a brief of the evidence produced before the Chan cellor and the Justices. No. XXIX. is evidently taken from it. Please hit your gode and gracious lordshippis to have yn know liche that the evidencis wherof short tytelyngs buth made yn the Ar ticulis aboveseld buth redy to shewe wyth many mo other and dyvers concernyng the title clayme of franchises and libertees of the seide Cite of Excetre, some here redye to shewe and sorarae restyth at Excetre, for grete cariage and nought yet encerched, for the raayer right long beyng here, by dyvers tyraes, by the Kyng our soveraign lordis comaundement ; after whas first right streite and ferfull comaundement, by resonable warnyng, at suche leysur tyrae and place competent, as hit woU like yo' gode lordshippes to coraaunde hara to, shall be redy to be shewed, and specialy suche as you woU coraaunde ham to bryng and shewe, next and best to end the mater and all other thynges, redy to obeye and don accordant to our seyd soveraign lord the Kynges first comaundement aboveseld. The whiche seid evydencis so shewed and right proved conceyved and knowed, We the Mayer and Comrainalte lowly beseke yow our lord Chaunceler, moste specialy, and yow our two other lordis, to precede and make and ende after the Kyngis comawndement, and as lawe reson and right requyren. And yf the right by evidence be not declared, by such a mene, as yow seme by yowr gode lord shippes and yn your conscience next to the right ys to be don to make an ende. Consideryng these premysses, and that this mater hath honged yn debate by tyme of Uii yere, of the whiche tyme almost ii yere yn entrety, the whiche hath ben to the seid Mayer 70 LETTERS OP JOHN SHILLINGFORD, and Comminalte right grete labour, trouble, vexaclon, coste, lost, and other right grete hurte and hyndryng and moche more like to faU, as weU as right raeny other perilys and ynconvenyencys yn subverclon and anyntysshement of the seid Citee, and dysheretyng of our seyd soveraign lord the Kyng, and the Mayer and Commi nalte, of lesse then an ende be like to be made. Indorsed. A request to the lord Chaunceler for a day. XXVIII. A Memorandum op an Address to- Sir Eichard Newton at the Assizes, desiring him to decide the matter, with the assistance of Sir Philip Courtenay and Sir William Bonevyll. (?) August, 1448. - And lyhere as ther hath longe honged a mater yn travers betwene my lord the Bysshop of Excetre and the Deane and the Chapitre and the Maier and the Coraralnalte of the Cite of Excetre, whiche by the kyngs commaunderaent was putte yn compremys and rule of ray lord ChaunceUer, callyng to hym the ii Chif Justises, whiche raater hath longe tyrae honged be fore thara yn coraraunicacion and entrety and yet remayneth undysscussed and unended : now late my lord ChaunceUer hath yeve yn coraraaundement to bothe parties generally to entrete and to precede to gode conclusion of the seide raater at horae ;. uppon whiche ray lord ChaunceUer wrote to S' Eichard Nutan, oon of the ii Chif Justises, deslryng hym to move the parties now at the assises yn bothe sides to the same entent • wherapon the seid Justise, on Sondey that last was, called severally bothe parties be fore hym, and raoved ham that the seide mater myght be comyned and entreted by John of Copleston and Nicholas Eadeford, and by theym to be broght to gode conclusion and gode ende be twene this and the next terme, whiche entrety and com- mayor op EXETER, A.D. 1447-8. 71 munlcacion shold be gynne a Tuysday next corayng ; to whiche bothe "parties at that tyrae were aggreable, and for as moche as hit ys sythenes fully conceyved by the seide Mayer and Comrainalte that the ende of the seide mater is non certyn and doutefuU to raake conclusion and ende by this maner of mene, the seid Mayer and Comminalte woU beseke you at the, reverence of God, that hit raay please yo' gode lordship to take this mater yn your gracious hondis, callyng to yo' lordship my maysters S' Philip Courtenay and S' Williara Bonevyll, and such rule as hit raay please yo' gode lord ship to appoynte yn the seid mater, the seide Mayer and Com minalte will abide yo' commaundement yn all maner wyse. Please youre gode lordship also to calle be fore yow the seide John of Copleston and Nicholas Eadeford, as for the declaracion of the titulis and claymes of bothe parties. Indorsed. A mocyon that the controyerse might be compro- rayssed to S' Philyp Courtenay and S' W"" Bonvyle. XXIX. Petition op the Mayor and Citizens to the Earl of Devonshire, Sir Philip Courtenay, and Sir William BoNE^VYLL, praying thera to make an end of the matter which had been " yn debate by tyme of iiij yere, of the whiche tyrae almost ij ypre yn entrety."" Please hit youre gode lordeship my lorde of Devonsshire, and yow oure to Maysters S' Philip Courtenay and S' William Bonevyll, and and also yow oure two other Maysters S' John Copleston and Nicholas Eadeford, to have yn knawHche that aile the evydences whereof writynges shorte titelynges or mencyon buth made, the orygynallys or true copyes therof buth redy to be shewed with right meny other dyvers and moo, concernyng oure right, title, and a It occurs at the end of a fragment which appears to have been a statement of the documentary evidence adduced before the arbitrators. 72 LETTERS OF JOHN SHILLINGFORD. clayme of franchises and libertees of the seid Cyte of Excetre, to prove oure ententes, and specyally suche as ye well commaunde us to bryng and shewe next and best to ende the mater. The whiche evydences so shewed and right proved conceyved and knowed we the Mayer and Comrainalte lowly byseke yow oure seid Lord and yow oure other Maysters aile so to precede and raake an ende as lawe, right, reson and conscience requyreth. And yf the right by evidences be not declared by suche a mene, as yow serae yn youre conscyence next to the right is to be done to make an ende after the kynges furst commaunderaent considryng the premisses. And that this mater hath honged yn debate by tyme of iiij yere, of the whiche tyme almost ij yere yn entrety, the whiche hath bene to the seid Maier and Coraralnalte right grete laboure, troble, vexaclon, coste, loste, and other right grete hurte and hyndryng, and raoche more like to falle, aswell as right raeny other perlUes and yncon- venyences yn subverclon and anyntysshement of the said Cite, and dysherityng of oure soverayn lorde the Kyng, and the Maier and Comrainalte, of lesse than an ende is like to be made." » The end was made by an award which is printed in the second part of this volume after the Articles and Answers. END OF PART I. PAET II. THE ARTICLES OF COMPLAINT, ANSWEES, EEPLICATIONS, AND REJOINDERS, BETWEEN THE BISHOP, DEAN AND CHAPTER, AND THE MAYOR, , BAILIFFS, AND COMMONALTY OF THE CITY OF EXETER. PAET II. The Articles of Complaint, Answers, Replications, and Rejoinders, between the Bishop, Dean and Chapter, and the Mayor, Bailiffs, and Commonalty of the City of Exeter. XXX. The Mayor's Articles of Complaint against the Bishop, Dean, and Chapter. Thees ben the articulis of the right grete injuries and wronges done by the Bishop Dean and Chapitre yn severall and comyn of the Cathedrall Churche of Seynt Peter of Excetre theire minesters officers servantis and tenaunty done to the Maier Bailliffs and Com munalte of the same Cite by protestaclon to resorte to theire name of corporacion accordant to theire title of prescripcion grauntis of the Kyng and his proginato''s to syne and to be syned.* Article I. Furst. The saide Maier Baillifs and Communalte seyn that the saide Cite of Exceter of right olde tyrae y called Penholtkeyre the most or one of the most aunclon cite of this londe of whas begynnyng no man can fynde. ne rede, the whiche cite afore the enc[arnation pf Christ] ^ was a cite walled and suburb to the same" of most reputa- » The text of these articles is taken from fragments of two drafts, Rolls I. and II., here distinguished as A and B for the purpose of collation. The title is from B. '' B adds — and by longe tyme sithenys. '^ B omits — walled and suburb to the same. L 2 76 ARTICLES OP COMPLAINT, cion" worship defence and defenclble of all th[ese parties and yet is yn tyme of nede] and moste ''favoure and socoure to aile the Kynges puple of the londe specially yn tyme of werre repairying thereto.'' [The whiche] cite sone apon the passion of Crist was by Vaspaslan biseged by tyme of viij deys ; the whiche opteynyd not the effecte of his sege " and so wende forth to Burdeaux and fro Burdeaux to Eome and fro Eome to Jerusalem and there he" w* Titus byseged Jerusalem and opteyned d and solde xxx jywys for a peny as hit appereth by Croniclis: and alwey the saide Cite -of Excetre hole and undevlded yn worship as hit is abovesaide yn to tyme of the comyng thider of the Bisshop and Chanons. Afore whas comyng there that now is a Cathedrall Churche and a paleis was a Monastere and a cite of blak monekys of the order of Seynt Benet y-founded by Kyng Athelston. The whiche monastere and cite, now Cathedrall Churche cimitere and paleys, is and alwey hath be yn and of and parcel] of the saide cite and under the jurisdiction and power of the same. The whiche cite with suburbis of the same is aunclon demene and at aile tyraes as well a fore the conquest as ^ B omits — reputacion. •^ B has in place of " favoure io thereto*' — strengthe favour supportacion and socour to the Kyng and to all his puple yn tyme of necessite. *= and to be — The whiche afterward, B. " and (0 beyng, p. . B has — and so the saide Cite of Excetre stode as a Citie hole of most worship prosperite defence and defensable of all that party of the londe as is abovesaide, yn to tyme that there was a Monastere or abbey of Black Monkys of the order of Seynt Benet, there the saide Cathedrall Churche Cimit'^re and paleys is now. And soyn theire tyme contynued yn like pios^terite by longe tymes yeres and days un to tyme of Seynt Edward the whiche voided the saide Monekys and chonged the saide Monastere yn to the Cathedrall Churche that now is and possession of the Bisshop Dean and Chapitre and theire pre decessors. Afore whiche chonge and atte tyme of the chonge and even continuall sithen the Monastere Cathedrall cite and paleys and churcheyerde to the same churche beliyng as well when the Cite was yn the hondis of the progenito'"s of the Kyng oure soverayn lorde as sithen were in parcell yn and of the same cite ; w' ynne whiche Monastere Cathedrall cite paleys and churcheyurd as well the progenitoi's of the Kyng forsaid as the Maier and Citeseyns of the same cite sythen they have had hit to fe ferme, have ben seised of all maner jurisdicclon of aile maner plees reall and personellies of tyme that no mynde renneth, surdans moved comyng and fallyng w' ynne the same as parcel of their fe ferme forsaid. ANSWERS, REPLICATIONS, AND REJOINDERS. 77 sithen hath be the Kyngis cite longyng to his crowne a fore eny Monastere or Cathedrall Churche as hit Is aboveseide ther had. The whiche cite w* suburbes of the same the saide Maier BaUlifs and citeseyns and theire predecessours have had and holde yn fe ferme of the Kyng our soverayn lorde and his noble progenitours kynges of this roialme by tyme above saide ; to whiche longeth view of frank plegge with aile articulis franchises libertees jurlsdiccions and aile other profEtIs commodltees and emolymentis as to any view of frank pleigge belongyng. And they seyn that the citeseyns and their predecessours citeseyns ofthe sarae afterward the same cite toke to holde to fe ferme, and beffore the saide Kyngis of Engelonde and or the same cite to theym so come, were seised of suche a view yn the sarae cite to be holde and of Ij coroners of thera self yn and of the sarae cite w* raany and other divers custurays libertees jurlsdiccions yramynnetees and fran chises as well as sithen by coverall letters paten tz of divers progeni tours of oure soverayn lorde the Kyng and by hym by his letters patentz graunted ratefied and confermed, and have had used and enjoyed jurlsdiccions libertees franchises correcclons attachlamentis arestis and determlnaclons of aile offends dettis trespasses deceytis detennys covenantis deliverancis contractis and aile other maters and accions, and for aile affrayes and assautis done or raade ayenst the Kynges pees, and for aile thyng done bytwene party and party tochyng plee reall personell or ralxte, surdans had moved comyng" fallyng or growen w* ynne the same cite and suburb of the same to be empleded and determyned yn the Kynges courte of the Gildehall after the custura of the sarae cite affore the Maier and Baillifs of the same cite for the tyrae beyng* un to now late that the saide Bysshop Dean and Chapitre by coloure of certeyn letters patentz bf the Kyng to thara severally graunted of jurisdicclon power and auctorite of suche plees as ben above reherced, have lette disturbled and with drawen the saide Maier Baillifs and Communalte of theire jurls- » oomying — MS. A. '^ See ante, long note. 78 ARTICLES OF COMPLAINT, dlcclon above reherced. And yn especiall that there as where oon Hugh Lucays tenant of the saide Bysshop '','the most or one of the most mysgoverned man of all the cite, of Excetre or of all the shire afterwardAhe whiche hath be cause of ij poUucions of the Cathedrall Churcheand Cimitere of the Cite of Excetre, made affray aponn oon Eichard Wode yn the Kyngis high strete atte Gyldehall dore of the saide Cite of Excetre' ; apon the wheche affray oon John Glasyer a sergeant of the Cite of Excetre arested the saide Hughe, and he brake the arest and wende his way, and the saide John and oon William Wynslo another sergeant of the same cite ther sywed hym as theire prisoner yn to the saide cimitere and so yn to the saide Cathedrall Churche and seisid hym there. But as sone as ever the sergeantis were with ynne' the churche dore aile the doris there were shitte sodenly, as hit were done of purpos and for a trayne, not- withstondyng that Eichard Druell and Thomas Sampson ij stiwardis of the Cite of Excetre fol wed fresshely with ynne the space of xvj- fote to kepe the pees and myght not entre yn at that dore ne none other dore but at one dore : and so they entred yn, and when they so come yn there they founde the saide sergeantis at grete rayschlf and theire prisoner violently with strong honde -take away fro ham, and apon tham by commaundement of the saide Dean and Chapitre . . . S'' John Jon with a dore barre and S"^ Lewis Walsshe- man John Panton and meny other minesters of the saide churche to thaym unknowed wyth swerdis custellls long knyvis and yryssh gkenes drawyn yn theire hondis to have sleyn the saide sergeantis anowold so have sleyn hara ne hadde y be as God yeaf grace the saide stiwardis with other came yn to kepe the pees. And when they come yn they smote to the saide Eichard Druell with a custell apon the Kyngis mace as hit is sygne yet, so that aile bothe stiwardis and sergeantis stode yn despayre of theire lyvys and unneth scaped out of the churche with theire lyvys : by cause of the whiche the execucion ofthe Kyngis lawe andthe violence done to theire officers » Bysshop] A breaks off here " made affray, &c." The text is supplied from B. ANSWERS, REPLICATIONS, AND REJOINDERS. 79 yet .remayneth unpunysshed to theire grete hurte hyndryng and damagis. Article IL' Item the sayde Mayor and Comminalte sayen that there as where the tenantis and inhabltans of the sayde Bysschop w' ynne the sayde cyte "and subarbes of the same ben cessable and charcheabel, have been cessyd and charched and of righte awghte to be and 3yt ben w* the citezayns and inhabltans of the same cite, and hath ben used levy j^erof to be mad by the Mayer and suche as he hath assigned and deputid J^erto, in aile maner demys, cite- zaynes spendyng, and the ffe ferme yf nede be, and al other taxa- clons tallages and charges as well to the Kyng owre soverayne lord graunted, and so hath be in the tyraes of his noble pro- genitores as of al other contribucions and charges w*ynne the sayde Cite and as parcel of the same. And now the latist special acessyng and payeraent of alfe a derae wyche was acessyd and payed in raaner and forrae as by long tyme favoraboly hath be done ; bote the forsayde Mayer and Comenalte raost grevously coraplayn* of to tyraes nexst there by fore of cessyng and paying of derays, one yn the tyrae of John Coteler beyng Mayer and another tyrae M'^iUiara Uplon beyng Mayer ; ate wyche bothe tyraes the tenantes of the sayde Bysschop w' others were warned to come to the Gyld- halle, as by long tyme hath bene done, to acessyng of the sayde demys. And as touching the sayd Bysschoppis tenantes they come nought, ne no wyse wolde come to a cesse ne paye w* the sayde Cyte ate the to tymes above sayde bote by ''the Mynesters of the saide Bisshop and M' Henry Webber specially'' of mere malice and evele wyl and by commaundement of the sayde Bysschop mana- cyng the sayde tenantes as wel as yn other chargis yf they dede the contrary [to] put ham out of theyre tenures. And so they derste nought corae sette ne paye as thei have be woned to done. More ' This article is written in another hand. It occurs in A. '¦ the io specially] originally "one Maister Harry Webber wrongfully." 80 ARTICLES OF COMPLAINT, over t'ne Mayer and Citezaynes sayen that by coraraaundement of the sayde Bysschop and special rewel of the sayde Maister Harry accessyng and levy was raad amonge the sayde Bysschoppis tenantes of ij demys as a Cyte other a Burgh by hyra solve. And so was hit never consyderyng that demys beth y graunted b and the money so acessyd and raade levy kepte. and 3yt kep* .... [Torn away.] [This copy breaks off here. Other drafts of the Articles exist in Rolls VIII. and IX., the- text of lohich differs from the foregoing to so gr'eat an extent that it has been thought best to print them [No. XXXI.] XXXI. The Mayor's Articles of Complaint against the Bishop, Dean, and Chapter.'^ [Draft.] Article I. For the furst article of theire grevous compleyntis the saide Maier and Comlnalte seyn that there as where the tenantis and inhabitants of the saide Bysshop with ynne the sayde Cite and suburb of the same ben cessable and chargable, have be cessed and charged, and of right oughte to be and yet ben w* the citeseyns and inhabltantis of the sarae cite, and hath ben used levy therof to be raade by the Mayer and such as he hath assigned and deputed therto yn aile raaner dymes citeseyn spendyng and the fe ferme yf nede be, and aile other taxaclons talliages and chargis as well to the » The text of these articles is taken from two draft copies, neither of which is quite com plete. The articles seem to have been revised again, as the text of the first, second, and fifth articles fo\ind in No. XXX. differs very greatly from that here given, and the Bishop's answer evidently refers to the former text. It is to be regretted that no complete copy of these articles as finally corrected can be found . answers, replications, and REJOINDERS. 81 kyng oure soverayn lorde graunted and so hath be yn the tymes of his noble progenitours as of aile other contribucions and chargis w* yn the saide cite and as parcell of the sarae. And nowe the laste specially assessying and payment of half a dyme, whiche was assessed and payd yn maner and fourme as by long tyme favorablUy hath be done : but the forsayde Mayer and Comminalte raoste grevously compleyne of ij tymes next there be fore of cessyng and paynge of dymes, one yn the tyme of John Coteler beynge Mayer and another tyme William Upton beynge Mayer ; at whiche both tymes the tenantis of the seide Bisshop w* other were warned to corae to the Gildehalle, as by longe tyme hath be done, to assessynge of the sayde dymes. And as tochyng the sayd Bysshoppys tenantis they come noght, ne no wyse wolde corae to assesse ne paye with the sayde cite atte the ij tymes aboveseid, but by one M"^ Henry Webber wrongefuUy of mere malice and yvell wyll and by com maundement of the saide Bisshop manassynge the sayde tenantys as well as yn other charges yf they deede the contrary [to] putte ham oute of" theire tenuris, and so they durste not come sette ne paye as they hade be woned to done. Article II. More over the sayde Mayer and Citeseyns seyn that by com maundement of the sayde Bysshop and speciali rule of the sayde Master Harry, assessyng and levy was made araonge the sayde Bysshoppis tenantis of ij dymes as a cite or a burgh by hym self, and so was hit never, consideryng that dymes beth graunted but of citees and burghls, and the money so assessed and made levy kepte and yet kepeth to the use of the said Bishop to grete hyndryng and anyntyseraent of the same cite, .upon the whiche the sayde Mayer and Citeseyns made sute to the sayde Byshoppis counseill and most specially to the sayd Maister Harry yn the moste gode and yesly wyse that they cowde, praying hym of his gode frendship* and maystership] erased. CAMD. SOC Jl 82 ARTICLES OP COMPLAINT, to helpe to refourrae this wronge abovesayde. The sayde Mayster Harry right shortely weywardly and angerly answered seyyng that the sayde Mayer and Citeseyns shold right noght have a do w* the sayde Bysshoppis tenantis w' yn the cite and suburb of the same, ne the sayde tenantis w' the sayde Mayer and Citeseyns, but only be ccparat and distyncte awey fro the sayde cite, seyyng furthermore that we sholde have nywe tidynges yn shorte tyme, menyng as we conceyved sithen a nywe* charter that the sayde Bysshop hath purchased sithenys. Nertheles by speciali prayer of the saide Mayer and Citeseyns menyng for the beste hit was prayed and graunte for a trayne that these maters sholde be put upon the sayde Bysshoppys counseyll and the counseyll of the saide cite, and so hit honged yn trety by longe tyme ; under which entrety the nywe forsayde charter was purchased to grete hurte and hyndryng to the sayde Mayer and Citeseyns ; we praying'' you oure lorde Chaun ceUer raost specially and you oure ° lordis to considre aile the wronges coraprehended yn thys article, consyderyng that the seide wronge of nonpayeraent of the seide dymes ys aile the grounde cause and begynnyng of all the grete debate that hongeth now by twene the seide Bysshop Dean and Chapyter and the seide Mayer and Cyteseyns ;''¦ for by fore the tyme of begynnyng sturyng and movyng of the said Bysshoppes officers and specially of the seide Meystre Harry of thees forseide maters, he was the raost goode and blessyd Lorde and Bysshopp best wylled and set and most good doo and lyke to have done that ever we had there, and so we trust to Godde with youre goode lordshippes woU^ be yet. » unlawfull - erased. *> From here the text comes from No. IX. which commences abruptly. It is a fair copy of VIII. but has also many additions and erasures. *= two other — erased. ^ of whiche debate the seide Mayer and Cyteseyns yn the most sory wyse theym repentyth — erased. " woU — first written " shall." ANSWERS, REPLICATIONS, AND REJOINDERS. 83 Article III. Item the seyde Meyer Baillifs and Comminalte compleyne ham and seyn that where they and theyer [predecessoures] be seasyd of tyme that no mynde ys of a leete as hyt ys above seide, one John Barton felon that feloniously hadde robbyd the churche of Morchard^ of a chalys and other goodes to the valew of xx 11. and a hors at EvyU yn S atte pris of v. marke, the whiche goodes and catell the seide John brought yn to a tenement of the seide Bysshop yn Exceter where the seide Meyer by hys offycers wolde have arestyd the seyde John and seised the said godes but they were let by one John Toylerd and other of the seide Bysshoppys offycers and by hys commaunderaent as hit is supposed ; wher upon the seide John Berton by the said John Tylard and officers was conveyed away and toke the Cathedrall Churche of Seynt Peter of Excetre, whiche churche ys and ever hath be with, ynne the lybertees ffranchees jurlsdiccions and power of the seide cyte ; whither the coroners of the seide cyte come to take ''the knowleche of the said John Berton ys felonyes abovesaid* as ever hath be usyd to done there as well as of abjuracions and to corowne prisoners ded yn the Bysshop ys prisonn. And when the seide coroners cam to take the confessyon above seide they were let by strenthe of one S"" John John and Pyers Carter and many other mynesters and clerkes of the seide churche by commaundement of the seid6 Bysshop Dean and Chapiter so that they myght nought doo theyre offyce there atte that tyme. And so the seide John Berton by them was brought yn to a hous y callyd the Bakehous and so con- veyhld and brought hym oute of towne. Also wher the saide coroners diverse tymes cam to the Bjsshop ys palyce to have coroned diverse prisoners beyng ther yn the seide Bishop ys prison ded and yn especiall one William Wey ; atte whiche tymes by one » Morchard— first written " Stoljlegh Pomeray." In VIII. it was first written " Churton Fitz Payn," and altered to " Stoklegh Pomeray." '¦ the lo abovesaid — originally " the seide John Berton ys confession." m'2 84 ARTICLES OP COMPLAINT, Wauter Herte and other as servauntez of the seyde Byshopp and by hys commaundement they were let to do theyre offyce there, and the seide prisoners so ded buryed uncoroned. And as touchyng the seide goodes and cattail wayff y-left yh the seid Bysshopp ys tenement, ther was kept with stronge hande by the seide John Toylerd and other of the seide Bysshopp ys offycers and so wrong fully to the use of the saide Bysshop as hit is supposed * kepyth hyt to grete hurte and hynderyng of oure soveraigne lorde the Kyng and the seide Meyer and Comrainalte. Article IV. Item the seide Meyer BaiUifs and Comminalte compleyne hara that wher by the graunte of Kyng Edward the ferst one of the progenitours of oure soveraigne lorde the Kyng that now ys and by graunte of the seide Meyer ^nd cytiseyns of the seide cyte of Exceter the seide Bysshop Dean and Chapiter that tyrae beyng hadde lyceilce to enclose the cimitary ther as hit more pleynly apperyth yn a com- poslclon ther of raade. Afore whiche grauntez the Meyer and Cyteseyns hadde and yet ought to have a strete y-called Fyssh strete whiche lyyth with ynne that they calle the prosyncte of the cloos of Seynt Peter of Exceter and with oute the seide ciraitery ; yn whiche strete of tyrae that no raynde ys the ffysh market of the seide Meyer and Comrainalte was woned to be holde'' ; the whiche strete streccheth fro a yeate callyd Seynt Martyn ys yeate dyrectly un to the towne walles to a grete defensable towre ther ; yn the whiche strete the said Maire and cyteseyns by the seide Dean and Chapiter buth let to holde theire marketes now as we have be woned to doo ; yn whiche way, as well as yn oth.er places with ynne the seide cloos and cimitery, they have raade diverse purprestours as steyrez and gardyns and yncroched londe contrary to the composycyon above seide ; and yn especiall the ende of the seide Fyssh strete encroched all the hole wey thurt over for a court place to the mancion of the Archideacon » originally " to theyre own use." b ynne — erased. ANSWERS, REPLICATIONS, AND REJOINDERS. 85 of Cornewaill as hyt apperyth openly ; so that the seide Meyer and cyteseyns may nought have theyre way as theym ought to have to the towne wallys and y^ Towre forseide. And also yn the cyte they have made a purpresture yn the Hye strete of the seide Cyte v. stalys of Ix. fote long and raore and Iij. feete yn brede" yn the for part of a new tenement '' above Seynt Stephyn ys churche of Exceter wher was never no stale but a stony walle of the leynthe above seide. And another purpresture made by the commaundement of the seide Bysshop as hit is supposed yn Bolehil strete yn a place y-called the Bysshop ys rent yn the fore part of whiche rent ys a long stony wall of cc. fote of lenketh and moche more, yn the whiche walle buth diverse shoppez wyndowes of olde tyraehadde,the leves therof goyng ynward, and none other ne never were, yn to now late the seide Bysshop hath set oute of purpos a grete bulk stale, a purpresture. The whiche purpresture with all purprestures above seide ^ standen and been set upon the grounde of the seide Meyer and citezeins without lycence of theym asked or * hadde to the hurte and disheritson of the seide Meyer and. Cyteseyns abovesaid.'^ . Article V.* Item the seyde Meyer and Comrainalte compleynyth that wher the Dean and Chapiter of the Cathedrall Churche of Seynt Peter » " and a pentyse of the same leynthe "] trased. ^ The " New Inn," now occupied by Messrs. Green and Co. drapers, &o. » and a tree callyd an elme by one Andrew Chalvedon by commaundement of the seide Bysshopp late ys pollyd pared and kut aile stondyng. ^ hadde to abovesaid] this was originally : " And also the seyde Bysshop hath en croached yn dyverse places of soche ffee as he claymeth when hyt never so was as one place sum tyme called Somer ys place now Wynard ys place longgyng to hys almeshous whiche place parcell ther of ys tenement of the seide Bysshop and parcell nought. Thys and aile wrongez above seide ys yn disherytyng and grevous damage of the seide Mayer and cyteseyns and comminalte." * Text from VIII. and IX. Another version of this article occurs on Roll II. It is as follows : — And also there the Mayer and the Comminalte of the saide Cite and aile other comyng to the sayd churche haven had and been seised of a wey yn to the sayd Cathedrall by and 86 ARTICLES OF COMPLAINT, of Exceter have a cloyster joynaunt to the seide Cathedrall Churche with ynne the square of whiche cloister ' ys a voide place y- called " the Praiell," yn the whiche ys comyn sepulture whenne the cymytere standith pollute; thrugh whiche cloyster was a comyn waye for the sayd Maier and Comminalte yn to the said Cathedrall Chirche and the said cloyster a place of praier and devocyon to praie for aile the sawlys was bonys lieth yn the said cloister and prayell atte tyme of dyvyne servyce doyng in the saide cathedrall churche ; but now right late the saide Deane and Chapitere the dorys of the saide cloister have stoppid and closld contrarie to the gode usagis of all holy churche, the kynges lawe and the use afore tyme hadde and ayenst al good poUecye. Article VI.^ Also the said Maier and Comminalte corapleyneth where late was sette yn the cyraytere of the Cathedrall Churche of' Seynt Peter of Excetre a grete drie fryth almoste evyn junant to the bak side of the costlewe billyng'' and yn the cheiff place of the cit^e of Excetre therto enclose and enclosed a gret parcell of tymber, the whiche fright" atte the stroke of ix. atte clocke yn the shortestez"! tyme of eere yn the nyght, aile the cloie yeatis beyng faste y shet, as hit aught to be by a composlcion ij. owris before, by on of the mynysteris of the said Cathedrall Churche was sette afire, and began to brenne, and yf hit hadde had his course lyke to have sette a fyre at a dore of the south party of the cloyster of the saide Cathedrall for goyng walkyng honest communicacion and prayers by all the cloyster for said yn to the saide Cathedrall by ij. dorys, that is to seye, that oon yn the West and South party of the saide Cathedrall, that other sette next yn the South ayenst a tumbe y-called the Erlis tumbe of Devonshire, at aile tymes when the dorys of the saide Cathedrall bene open ; there the saide Deane and Chapitre the dorys of the saide cloyster have stopped and closed contrary to the Kynges lawe and the use afore tyme had and ayenst all gode policy. « Text from VIII. and IX. •> In VIII. " of the most oostlew and stately billying of the Cite." « fright] vrith. VIIL ' ehortestez] shortist. VIII. ANSWERS, REPLICATIONS, AND REJOINDERS. 87 and brende the cheif and grete parte of the citee. And yet hit was said by the said raynyster and other rainystres of the said Cathedrall Churche to noyse and disslaundre the said citee that hit was sette afire by raen of the same citee to brenne the said Cathedrall Churche. And hit provith noght so by shutyng of the sayd cloys yeatis. And by that that the said Cathedrall Churche stant a hue shote fro and more. Article VII.* Also the said Maier and Comminalte corapleyneth that where the said Bysshop ys seysed of a gardyn lyyng to his paleys and the said Dean and Chapitere of iij. other gardynes, of the whiche said iij. gardyneS of the said Dean and Chapitere on lyeth to the mancyon of the Archdekne of Cornewayle and a nother lyeth to the mancyon of the Chaunceler of Excetre and the thirdde lyeth to [the] mansion of the Archedeacon of Excetre ; the whiche iiij gardynes lyeth fro a lane y-called the Freren lane junant a long by the Towne Wallys almoste to the Sowthe gate of the same citee. Atte two endys of whi one] oo. VIU. 88 ARTICLES OP COMPLAINT, there ys the moste costelew defence and moste stately* towre of alie the City, of the saide Maier and Coraminalte well heled with led and housed for a right gode mansion to be ther yn. The whiche towre late was repayred to the coste of the saide Mayer and Comminalte of XX li. and more and right a stronge dore w' lokke and keye made therto and fast y shitte to this entent ther to bryng yn stuf for the werre and defence of the cite and other thyng more of the saide cite ther to be kept stronge saf and sure. The which dore of the towre w' the other v. postern doris, the whiche v. dorys buth com prehended yn the saide composlcion, ohe tymes have be repayred and amended to the grete coste ofthe seyde Mayer and Comminalte, and as ofte as ever they have be repaired ever anon they have be right spytefully broke up by the Bisshop and Dean and Chapitre aforesaid, and the dore of the said, towre at all tyme and yet is so stondynge open and fakettes hors and dong and rayche other un godely thyng by coraraaunderaent of the said Bisshop broghte theryn ; bycause of \>e whiche ]>e said towre is likely to be destroyed and fall a down to grete hyndryng of the said cite yn repaire yf hit falle of m'' ti. and the said v. postern doris so broke up, oo suche lok and keye as they woU is sette yn every dore to theire pleisaunce disporte and yese to go yn and oute when ever they will contrary to the saide coraposicion. By the whiche yeatis full ungodely cariage as suspeclous men and wymraen have be ladde yn and oute,'' and divers men that sholde have be arest conveyed awey by that wey" to right grete hurte hyndryng harmys and damage to the saide Cite. Article VIII."* Item the Mayer and Comminalte coihpleyneth as tochyng the Freren lane abovesaide, the whiche is a longe lane lyyng a longe * IX. breaks off here. The rest of the text of this article is taken from VIII. ^ atte Freren lane and so yn to the Cite] erased. " S' John of Dynham specially and meny others] erased. ¦' The text is from VIII. ANSWERS, REPLICATIONS, AND REJOINDERS. 89 by and yn the bakside j oynant to divers mansions of divers chanons of the clos longyng to the said Dean and Chapitre ; the whiche lane is ceverall grounde of the saide Mayer and Coraminalte and parcell of theire fe ferme and wey to the towne wallis for the repair of tham ; yn to whiche lane oghte no dore ne yeate open be w' oute licence of the Maier and Comminalte ; the said Dean and Chapitre In the wallis of the saide mansions yn to the saide lane have made divers doris w* owte licence of the Said Maier and Comminalte, by the whiche doris by the said Chanons dwellyng yn the said mansions by commaundement of J>« said Dean and Chapitre is caryed oute so moche erthe robill and donge and other fylthis of theire places that the sayde wey ys dytte, that no man ther yn may well ride ne go ne lede cariage to the wallis, to grete hurte and hyndryng to the saide Mayer and Comminalte: and also yn the saide lane was a grete comyn gutto'' lyyng deepe underneth a long thurgh the lane almost to the lane ende and then turned thurte westward thurghe the mansion of the Archldiacon of Cornewaill to theire grete comyn gutto' liyng yn Y saide Fissh strete havyng Issu thurghe the towne wallis ; the whiche gutto"^ lyy^g thurgh the saide lane ordeyned for to defende'' reyne water and other of Strike stret and of raany other divers placis and raansions grete part of the saide cite ; the whiche gutto"^ goyg thurgh the Archldiacon of Cornewayll is mansion as hit Is abovesaide first by one Maister John Gorewyll Maister John Waryn M"" William Filham S'' Eichard Kelyer and other som tyme chanons of Y ^^^'^ churche there dwellyng by coraraaundement of the Dean and Chapitre the saide gutto"" hath be broke and for ditto and the stonys therof by thara take and bore away so that the reyne water and other of Strike strete and other places abovesaid may noo have his course as hit hath be wont to have to grete hurte and noy- saunce etc. Article IX. Also atte fore ende of the said Freron lane open yn to Strike strete ys a brode yeate for all maner cariage yn to the " of] erased. CAMD. SOC. N 90 articles OP COMPLAINT, towne wallis, the whiche yeate is the yeate of the Maier and Com minalte and by tham at theire grete coste y-raade ; of whiche yeate sholde no man have no keye ne interesse but the saide Mayer and Comminalte and suche as they wolde yeve licence therto. The which yeate by the saide chanons havyng doris » yn to -that lane as hit is above sayde and their servantes that beth nyghte walkers riatous and brekers of the pes, by commaunderaent of Y Dean and Chapitre hath be brok up and suche lok and keye as tham luste to have raade therto atte theire pleiser. Atte whiche yeate bothe be nyghte and by daye, and by nyghte raost specially, full ungodely cariage is caried yn and oute as suspeclous men and wymmen mennys wyvis and servantes specially ; who to whom and where hit sholde be write yf honeste were. Atte whiche yeate also ofte tyme hath be grete affrayes and debate and like to have be raanslaghter, and divers nyghte walkers and rIato''s comying out at that yeate yn to the cite and ther have made meny affrayes assautes and other riatous mysgovernaunce ayenst the pees and y broke oute over the towne wallis, and rayche raore rayschlf like to falle by that' yeate w* oute better remedy had as well as at the brode yeate of the clos of Seynt Peter of Exceter whiche oghte to be shitte '' and aile Y yeates aile Y nyght as hit appereth by coraposicion therof made ; wher now ys by Y said clos myche nyght wacchyng and other riatous mysgovern ance, the wlket of the same yeate stondyng open almost aile the nyght and a taverne that is called Bevys " is taverne evyn joynyng to w* ynne the hous of the yeate ; out of whiche wyket yn to whiche taverne corayth the grete part of aile the riato's of the clos priestes and other as S"^ Eobert Bokynham S"^ Eichard Martyn S" Lewys Walssheraan John Panton and other, and suche noyse affrayes and debates by thara there made that one Williara Upton late Maier of the saide Cite and other neghebo'^s dwellyng aboute beth foule accorabred therof and y-lette of theire nyghte reste, compleynyng i" Mr. William Brennyng, Mr. John Rowe, and other Chanons havyng yeates] erased. *> " wiket and aile atte cessyng of ourfu," erased MS. •= Bevys] also " Bearefitz " ANSWERS, REPLICATIONS, AND REJOINDERS. V to the Mayer therof seyyng that ther Is like to falle myche more myschlf there and that they wolle avoyde theire dwellyng placis there w' oute better remedy had : and all this riottes governance and moche of the other mysgovernance abovesaid Is upon boldenysse off the said nywe charter purchased and abstynance of arestes above- said. Article X. Also the saide Maier and Coraralnalte corapleyneth that the saide Bisshop by his officers drawyth yn to his courtys as well his Court Cristian as Court Baron yn Exceter divers accions and maters that longeth not to be determined there but before J>^ said Maier and Bailliffs, and yn especiall yn his Court Baron plees of the Crowne and other plees and maters that longeth to a lete " where he hath no suche power ne jurisdicclon and the amercia- raentes Issuys and proffits therof corayng taketh to his awne use yn disherityng etc.^ Article XI. Also the saide Mayer Baillifs and Coraminalte corapleyneth where that they and theire predecessours have had assize of bred and of ale and coreccion therof and of all other maner vitaill as parcell of theire view yn Y saide cite and suburb to sette pris, forfete, dampne and excute as the lawe will, the saide Maier and Bailliffs have used at aile tymes when they wolde to go aboute the cite to make serche of mysgovernance of vitaill and specially of bred and of ale and of wyne, yn the whiche they have founde ofte tymes grete defautes, and specially yn wyn, as well yn the Bisshoppis paleys, wyn by his " Where to etc. — originally " of the whiche he hath no power to determine suche plees there for he hath no late ne never hadde J^er but only longyth to the Cyte that have a late and ever have hadde as hit is abovesaide," afterwards altered to " whereof he hath no power for he hath no letene never had ne no thyng that longeth therto but the saide Maier and Bailliffs only " and then stated as in the text. N 2 92 ARTICLES OF COMPLAINT, officers ofte tymes being ther y put to sale yn retaill y-solde durer than hit aughte to be solde and ayenst the ordinance of the saide Cite and the Kynges cry by the Maier therof made, and so yn S' John Morton is hous, chanon ofthe saide churche, and other divers chanons there and tenantes of the saide Bisshop yn the saide CIte,» the whiche wyne so solde ayenst the ordinance and cry abovesaid have be forfetable to the saide Maier and Comrainalte.'' By the whiche wyne so solde the saide Maier and Coraralnalte loste theire custumes one at theire port of Exeraouth iiij d. of every pipe parcell of theire fe ferrae that Is there y-boghte to be solde ayen yn grete or retaill, another Is custura of the saide Cite called wyne gavell of every pipe solde yn retaill xij. d. And also ofte tymes hath be founde corrupte wyn not hole for mannys body dampn- ) abill and sholde have be dampned and by way of execucion caste yn the canell ; the whiche execuslon the tenantis of the saide Bisshop dwellyng with yn the saide cite and suburb of the same by com maundement ofthe saide Bisshop have lette and disturbed the "saide Maier and Baillifs so that they myght do none execucion. The whiche corrupte wyn hath be carried to Topsham and there y-shipped and so lad to Burdeaux ther to be put and raelled among nywe-wyn as hit shall be well proved yf nede be. And also they have lette to prove to trie and weye sale bred raade by the said tenantis of Y said Bisshop accordant to the statute therof made, by force of whiche the saide corrupte wyn hath not be put yn execucion as hit aughte to be and the sillers of the saide wyn bakers bruers and other mys^ governors abovesaid beth unpunyshed yn disherityng etc. » originally " as S' John Morton and other and among the Bysshoppis tenantes yn the saide Cite at hygher pris than hit oughte to be solde and contrary to the ordinance and ^ cry." •> originally " to the Cite as parcell of their fee ferme." ANSWERS, REPLICATIONS, AND REJOINDERS. 93 XXXII. Draft of Article IX. op the Mayor's Articles op Complaint.^ Item the seide Meyer and Comminalte compleyne hem and seyn that wher they and theyre predecessours cyteseyns of the same cyte of tyrae that no raynde renneth have hadde and by lawe ought to have as parcell of theyre ffee ferrae all raaner tolne of all maner marchaundyse opentyd and layed- to sylle yn every place of the Cyte and suburbez ther of as well with ynne the saide Cathiedrall Churche and Ciraitery as yn any other place of the seide Cyte, yn the whiche churche and cimitery diverse marchauntez that bryngeth theyre marchaundyses to towne to sylle yn tymes of feyrez have be ever woned and usyd specially when that grete multitude of peple and rauche marchaundyse comyth to the Cyte, to ley opene bye and sylle diverse marchaundisez yn the seide churche and cimitery and speciali yn the kyngges hye way ther as atte Welles Salysbury and other places moo, as disshes boUys and other thyngges lyke and yn the seyde churche omamentes for the same and other juellys convenyant therto ; of the whiche raarchaundysez the Dean and Chapiter forseide began to take and toke diverse tolne of diverse men, one Eichard Setter juler, and John Torner of Tyverton and other. Wher apon the seide Meyer and Coraminalte grevously compleyned them atte that tyme and so hyt was put yn dayyng and apon arbitro'^s amonge other aile and grete debatez be fore that tyme hongyng ; the whiche arbItroi"s atte that tyrae ordeyned that ther sholde be no soche tolne custurae ne other dute ther to be take by the seide Dean and Chapiter with ynne the seide churche and ciraitery. For anger and evyll wille wher of the seide Dean and Chapiter by theyre mynesters and servauntes ever sythen have put a The text of this article is from Roll No. IX. It is struck through with the pen, and was not inserted in the articles delivered to the Chancellor, as no notice of it or the subject of it is to be found in the Bishop's answers. 94 ARTICLES OP COMPLAINT, oute all soche marchauntez and marchaundisez contrary and ayenst the olde ruell and use to grete hurte hynderyng and damagez to the seide Meyer and Coraminalte and distruceion of theyre seide feyrez and markettez. Atte whiche tyrae of entrety the seide Dean and Chapiter cowde nought saye ne ley for theyra that the seide churche ' and ciraitery was no parcell of the seide cyte so that- the seide Meyer and Coraminalte myght take ne make levy of no soche custurae ne tolne ther. But atte the ende and conclusion of the seide grete entrety and goode accorde and love y-hadde, the seide Dean and much part of the Chapiter with theyre counsell of the one part and the Meyer and Styward with the more part of the xij. men governers of the seide cyte with theyre counselll of the other party, thus bothe partyes beyng present yn the Cathedrall Churche of Seynt Peter of Exceter, the seide Dean and Chapiter most specially prayed yn tokyng that ther sholde never no more debate be by twene the seide partyes that the seide Meyer and Baylyffez yn all that they rayght goodly shulde absteyne and for bere with ynne the seide churche and cimitery of all maner arestys as touchyng the chanons and all thoo that buth of abyte and-theyre mynysters and servauntez familiars fro tyme of sessyng of owre lady belle yn to tyme that cumple wher done. And so of ryght good wille to that entent as hyt was desyred was graunted and sythen observed and kept and yet ys duryng the tyme of thys entrety, the whiche now ys layde ayenst us yn evydence, seying that we never made ne oughte to make arest ther, the whiche ys to the seide Meyer andComminalte grete vexaclon hurte and hynderyng and to mysgoverned men ryatours and brekers of the pees grete bolde nesse and hath be cause of diverse affrayes that have be made bothe yn the churche and cimitery and yn especiall by one Eichard Whiterow affraye made by hyra apon John Howdon' servaunt of Harry Helyer smytyng hym with a dagger with ynne the cloos yeate yn the eygge by twene the ciraitery and the cyte aile most anon to the dethe, wherof we most grevyously compleyne us besekyng you oure gode Lorde Chaunceler and you oure lordes ANSWERS, REPLICATIONS, AND REJOINDERS. 95 * this to refourrae and redresse yn eschewyng of ynconvenyence that myght folwe therof." XXXIIL The Answers op the Bishop, Dean and Chapter, to the Mayor's Articles. Thes ben the Answeres of the Bisshop of the Cathedrall Chirch of Saint Petre in Excetre Dean and Chapitre of the same to the Articles of compleynte ayens hem purposed by the Maier Baillyfs and Comminalte of the Citee of Excetre. Article I. As to the first Article of the saide Maier Baillifs and Comy nalte the saide Bisshop Dean and Chapiter seyen that thei doute of Vaspasions being atte Excestre and so atte Burdeaux and Jerusalem to sille xxx Jewes hedes for a peny ; and thei sey that trewe It Is that the saide nowe Citee of Excestre was of old tyme a Burgh and atte all tymes hath be, and is aunceon deraene, but never under the name of a citee byfore the stallacion of Leofrik in the said Cathe drall Chirch, first Bisshop ther stalled by the hondes of Saint Edward and Edithe his Quene, which Saint Edward cursed all such that in any wyse fro the saide Chirch withdrawett eny right or ayens the saide Chirch maligne ; atte which tyme the saide Chirch Cimitery paleys and other londes and tenements longing therto were separate and distincte fro the saide Citee and no parcell therof as it appereth in the Boke of Domus Day ; afore which tyrae ne seth was no mayer ne fee ferme bore for the saide nowe Citee to the progenltoures of our Soverayne Lord the King unto the regne * this io thereof — originally " to be raene un to owre soveraigne the kyng so that he ne ye be nought displeasyd thow the seide Meyer and Comminalte leve soche abstynence but esyly to execute all lawfull execucions ther as theym ought to execute and to doo ryght to the partyes as tbe Meyer ys sworn ther to, or ellys to have the Meyer excusyd yf that any ynconvenyence mysgovernaunce or mischeve fail, as hyt ys lyke to do, and that for the love of God and the way of oharyte." 96 ARTICLES OF COMPLAINT, of King Henry the Thirde, butte the rentz and revenues comyng of the saide towne nowe Citee were answered to the noble progenl toures of our saide Soverayn Lord in their Escheker atte West minster as of partie of the shire of Devenshire by the bonds of the Shereve of the same shere for the tyme being and by none other as it appereth by raatier of recorde In the saide Escheker ; atte which tyme the Bisshop of Excestre that tyme being was seised of the saide Chirch Cimitery palies lands and tenements aforsalde and all his predecessours afore him were seised of the sarae contynuelly fro the tyme of the saide Saint Edward ; which Chirch Cimitery palies lands and tenements ben named and knowen by the name called the Bisshopes Fee, otherwyse called Saint Stephen's Fee, distincte and separate fro the saide Citee and oute of the jurisdicclon of the same, withoute that that at the dayes or many dayes setthen tyme of raynde any such Mayer Baillifs and Coraralnalte as thei surraytten where yn the saide Citee knowen by the narae of Maier and Com minalte. And there as the saide Mayer and Comminalte seyen that they and their predecessors citezeins of the same Citee have had and hold the saide Citee in fee ferme of Oure Soverayne Lord the King that nowe Is and his noble progenitours oute of tyme that no mynde is ; the saide Bisshop Dean and Chapitre seyen that byfore the tyme gf Eichard King of Alraayn which had xilP Ix= to" his, sustentacion atte will of his brother King Henry the Thirde and no thing ells in the saide Citee over xxv'' xli^ vi^ corayng of the ' rent of the saide nowe Citee yeven to the hous of Crichirch in London by the graunt of King Henry the First and Maide his wif paied to them by the hendes of the saide Shereve, ther was In Excestre nether Mayer ne Baillifs ne under that name Mayer and Comminalte but an auncean demene as the saide Mayer and Com minalte have articled and the saide Bisshop Deane and Chapitre confessed ; which Eichard King of Alraayne graunted first by the name of Baillifs and citezeinis the saide Citee to fee ferme^ havyng none o]7er estate than is above rehersed ; wherfore the saide Citee with all the appurtenaunces in King Edwardes dayes the thirde was ANSWERS, REPLICATIONS, AND REJOINDERS. 97 seised in to the saide King Edward's hondes as more plainly ap pereth In the replicacion late made by the saide Bisshop Dean and Chapitre ; in the which replicacion all other raatiers of the saide Article be sufficeantly replied to.as troueth asketh and requireth, as well to the jurlsdiccions libertees fraimchlses and power to hold plees &c., as in their compleynts been comprehended, as to all other. And as to the disclaunder which the saide Mayer and Comminalte have putte upon the saide Hue Lucas, the saide Bisshop Dean and Chapitre seyen that thei know him for no such misgoverned man, neither thei knawe in no wyse of affray that he shuld make upon Eichard Attewode atte the Glide Hall dore ner of eny arrest ther upon him had after the manner and fourme that the saide Mayer and Comminalte have articled. But thei seyen that thei knowe well that,^he saide Hue was furiously dreven into the saide Cathedrall Chirch by officers and other of the saide Citee with swerdes daggers and other invasif wepen ayens the pees drawen, the mynysters of the saide Chirch the same tyme being in theire habits atte divine service, which mynysters as prestees ought to do in all that thei godely myght laboured to save the saide Hues lyf, being in right grete perell therof, iwithoute comaunderaent or knouleche of the saide Dean and" Chapitre or eny harrae doing or nienyng to ony maner officer of the saide Citee or in enywise smyting eny man or raace ; but one of the saide officers violently with a custreil smote one John Pawton a raynyster of the saide Chirch upon the hede, he being in his habite ; by the which and other ' abhoraytiable mysgovernaunce ther raade by the saide officers the saide Chirch was peluted in maner and fourrae as it raore pleinly appereth by the exaraynacion therupon had and by the Article of replicacion ofthe saide Bisshop Dean and Chapitre late made &c. Article II. Item as to the seconde Article of theire coraplelnts the saide Bisshop saieth as he seide in his thirde replicacion &c. withoute CAMD. SOC, O 98 ARTICLES OP COMPLAINT, that that the saide Bisshop atte eny tymes hath had or kept eny part of such raoney so sette to his owne use. And there as it is supposed by the saide Maier Baillifs and Coraralnalte that eny such dyrae which shuld be due in Williara Upton's tyme was with- drawen, hit was paled and delyvered to the saide Williara Upton and by hira receyved as depute of the Kings coUectours in the shire of Devenshire by the bonds of Water Hert BalUIf of the saide Bisshop. And as to the paieraent of eny dyme in the tyrae of the saide John CotlUer, the saide Bisshop saieth that the tenants of his saide fee were not warned to corae to the saide Gild Halle to the assesslon therof, and that the saide Maier and Comminalte assessed and sette the saide tenants, in whora thei had no such power, of raalice to a importable surae otherwise then ever thei were wont to pale, so that ther would have remayned in the saide Maiers bonds a grete sume therof above the saide dyrae, like as there hath reraayned in other Maiers bonds soratyme vli^ sumtyme c' and suratyrae raore suratyrae lesse. But the saide tenants offered to the saide John CotlUer as depute aforesaide by the, bonds of the forsaide Walter Hert BalUyf to pale and yet be redy to paie as raich as thei were wont to pale to fore and he refused to receyve it. And as to all other conturbucions and charges coraprehended in the saide Article, the saide Bisshop saieth that his saide tenants were never contri- butaries therto, ne ought to be In forrae as the saide Maier and Comrainalte have declared j for as raoche as the saide fee is separate and distincte fro the saide. Citee and no parcell therof, as It is above rehersed. And he seieth that the sute made by the saide Mayer and Comrainalte for to have oppressed and enthralled the saide Bisshop Dean and Chapitre and theire mynysters and servants by the sute of a bill which is to shewe was and yit Is cause of the saide- stryves and debates and no feyned tretice ne other matler sued or done by theire partie, but principally by the wilfull laboure of John Shillyngford, nowe being Maier, in whoos tyme ever hath be grete troubill to the grete hurt and losse of the saide Chirch and Citee. ANSWERS, REPLICATIONS, AND REJOINDERS. 99 Article III. Item as to the thirde Article of theire compleynts the saide Bisshop saieth that he and his predecessours have be seised of tyrae that no raynde is of a Chirch caUed Saint Petre in Excetre a Cimi tery annexed }>er to w* a paleis and ojjer divers lends and tenements called Saint Stephyns fe, o}>erwise called the BIsshop's fe, yn and nought of Excestre but distincte and separate fro the same ; within which he and his predecessours fro tyrae that no raynde Is hathe and have had view of Frank Plegge welf and straif and all other profits longing to a viewe, and one Water Hert Baillif of the saide Bisshop toke the saide hors and chalels to the use of the saide Bisshop as goods weifed by the saide John Barton within the saide fee. And as to the comyng of eny coroner of the saide Citee within the saide fee Chirch Ciraitery and paleys or eny parcell therof for to take eny knouleche of eny felon or sight of dede raan convycte within the saide paleis, the saide Bisshop saieth that the coroners of the saide Cite- have no jurisdicclon within the saide Chirch Cimitery paleys and fee, but only the coroner of the shire of Devenshire, for as raoche as the saide Chirch Cimitery paleis and fee ben separate and distincte fro the saide Citee. And as to the remenaunt of the raatier conteynyng in the saide Article, the saide Bisshop saieth that hira ought not answere therto by the lawe. Article IV. Item as to the iiii. Article of theire compleints, the saide Bis shop Dean and Chapitre sayen that ther is no such strete called Fissh Strete within the Close of Saint Petre In Excestre. And also thei seyen that ther is not ne never was eny raaner market hold within the saide Cloos ne within no partie therof And thei seyen that thei never encroched in no wyse to theire saintuary eny grounde of the saide Maire and Comminalte. And as to the en- croching of the ende of a way which thei call Fissh Strete, the saide Dean and Chapitre sayn that there is no such strete called Fissh 02 100 ARTICLES OF COMPLAINT, Strete, but the strete that thei call Fissh Strete is called Saint Mar- tyns Strete otherwyse called Chanons Strete ; atte which ende ther hath ben a wall and a brode yate in the saide wall fro the tyme that no mynd is, by the which yate citezeins of the saide town atte all tymes as nede requyreth have had and may have by resonable warnyng free comyng and going to repaire the saide towne and walles withoute lettyng of the saide Dean and Chapitre. And as to eny purposture made by the saide Dean and Chapitre in manner and fourme as the saide Maier and Comminalte have declared, the saide Dean and Chapitre seyen that the punysshment of all pur- postures within the saide Citee longeth to the King and not to the saide Maire and Coraminalte. And over that the seyen that all free holders within the saide Citee of tyme that no raynd is, which have eny houses or teneraents in the saide Citee, have used to make stalles in all stretes joynyng to the saide houses and tenementes so it be no noysaunce to the Kinges liege people. And so thei being seised of the saide nywe tenements made oute the saide staUes in the Kinges . Hie Strete joynant to the saide tenement nat noying the Kings peple, which be the same purpostures that thei corapleyn hera of And as to the purposture which is supposed to be made in the Bisshopes rent, the saide Bisshop rent Is within the saide Saint Stephens fee distincte and separate fro the saide Citee. And as to eny steires or palais made within the saide Chirch Yerde or Close, yif eny such bee, the said Bisshop Dean and Chapitre understond that such staires- paleis and gardeins within the said pallses In no wyse shuld cause the saide Mayer and Coramynalte therof to complain or to be greved for as raoche as the saide staires paleys and gardynes be within the procincte of the Cimitery which is no parcell of the saide Citee but distincte and separate fro the same. And the saide Bisshop Dean and Chapitre ne none of hem never raade within eny place of the saide Citee eny purpostures stalles or wyndowes upon eny grounde of th« saide Maire Baillifs and Comminalte. ANSWERS, REPLICATIONS, AND REJOINDERS. 101 Article V. And as to the v. Article of theire compleyntes, the saide Dean and Chapitre seyen that within the saide Cloister, which Is well walled and glased. Is a Chapitre House and a Library compre hending a quarter of the said Cloister whichjis within the procincte of the saide Chirch and Cimitery and no comon wey but oute of the jurisdiccon of the saide Mair and Coramynalte, which Cloister dores atte all tyraes have be shette except tyraes to goo in procession or to the Chapitre House Or to the said Library or_eny other such resonable tyme; atte which tymes and in especiall In tyme of dyvyne service, ungoodly ruled peple most custumabely yong peple of the saide Comminalte within the saide cloistre have exercised unlawfull games as the toppe, queke, penny prykke and most atte tenys, by the which the walles of the saide Cloistre have be defowled and the glas wyndowes all to brost, as It openly sheweth, contrarie to all good and goostly godenesse and directly ayens all good policy and ayens all- good rule within the sayde cloyster to suffre eny such mysruled people to have comune entre vrhlch spare not withyn a quarter of a yer to pollute the saide Cimitery and their saide moder Cathedrall Chlrchj not eschewing to doo the same within the saide Cloyster w*!Tute that that the saide Maier and Coraminalte or eny of their predecessours ever had thourgh the saide cloistre eny comune wey. Article VI. Item to the vi. Article of the compleints of the saide Maire and Coraminalte, the saide Bisshop Dean and Chapitre seyen that the saide Article Is but a feyned matler to putte their offence fro hem self and to disclaundre the mynysters of the saide Chirch, which offence preveth to be done by the consent of some of the saide Comminalte for as moche as one of hera atte curfew tyme, all the yates of the saide Close stonding open and and the weket of the brode yate £tn oure after as it ought to be, atte the litell stile came yn to the saide Close and broght fire in a sho and sette the saide 102 ARTICLES OF COMPL.4.INT, egge a fire within which was xx'' worth tymber of the saide Dean and Chapitre is godes, and by the same wey ran oute ayene seying ' that he was aspied by a raynyster ofthe saide Chirch, which as God would in all hast quenched the saide fire and so excluded all mis- chefs therby like to have fall as weie to the saide tymber and tene ments of the saide Chirch as bilding ofthe saide Citee ; withoute that that eny man of the saide close hath noysed and disclaundred the saide Citee to brenne the saide Chirch but only have reproved such mysgovernance withoute any disclaunder as was done in this behalf, as trouth and godenesse requireth. Article VII. Item to the vii. Article of their compleynts, the saide Bisshop Dean and Chapitre seyen that well and trewe it is that thei and ther predecessours have be seised and so ought to be of such iiii. gardyns and postren dores specefied in the saide Article, the which postren dores joinantly oughte to stande and be maynteyned by the saide Mair and Coraraynalte in the saide buttyng wall and in none other place conteynyng the brede of a kernell of the saide towne wall, ones a yere by the warnyng of viij. dayes to have a way by the saide postrons to over se the towne walles and none other use except tyrae of werre, which postrons' and brede of the saide buttyng wall so of duete to have be repaired by the saide Maier and Coraminalte by their frowardnesse to evell entent suffred the saide postrone and part of wall to fall down and to lie opyn for defaute of reparacion to thentent that thei myght have fre comyng in to the saide gardins atte their owne will and to feyne raatiers of disclaundre upon raynysters of the saide Chirch contrarie to all godenesse and to the saide cbmposicion ; which Mayer and such dredefuU people of his coraraynalte be the mysgoverned people and yncomers that thei spoke of and none other ; withoute that that thei the said Maier and Comminalte in eny tyrae this c. yere have doo or raade eny reparacion In the saide postrons towre and dore of the ANSWERS, REPLICATIONS, AND REJOINDERS. 103 saide towre, and without that that the saide Bisshop Dean and Chapitre or eny of their servants in eny wise have broke eny lokks or dores or in eny manner have harraed or hurt the saide towre after the fourme by the saide Maire and Coramynalte articled ; but for their owne honeste and necessite for defaute of reparacion atte their propre costes and expenses have repaired the saide walle so fallen downe and made dores in their severall grounde by the which the saide Maier and Comrainalte raany yeres have had free yn corayng and such cherlsshlng with all gentilnesse as Chanons of the said Chirch coude raake hem in such wyse that as for that way thei ought feyne no raatier ne cause to corapleyn hem of. Article VIII. Item to the viii. Article of the saide Maire and Coramynalte, the saide Deane and Chapitre seyen that sothe it is that such a lane lieth bytwene the mansions ofthe saide Chanons and Friers, which lane is no severall grounde to the saide Maier and Commi nalte but comon to all such Chanons as have mansions adjoynyng to the saide lane, there thourgh for to raake theire carlages atte their ease and liberte withoute eny lycence of the saide Maier and Cora raynalte thereupon required to be asked ; withoute that that the saide Deane and Chapitre or eny other raan by theire comaundement have cast eny such rowble or unclenly things in to the saide lane or eny goter there have broke up or stones in eny wyse therof have caried awey. Article IX. Item to the ix. Article ofthe saide Maier and Comrainalte, the saide Deane and Chapitre seyen that the trewe it is that atte the saide lane ende is a yate which perteyneth to the saide Friers and not to the saide Maier and Coramynalte ne to their charge of repara cion but therof to have a key to over see the towne walles, and the saide Friers to have another and the Chanons the thirde, by the which key so being in the saide Mayer's warde, yif eny nyght 104 articles op complaint, walkers herkeners or any mysgoverned people or mysgoverned woraen have come yn or oute atte the saide yate, withoute that that thei have knowe eny other such people by the saide yate to come yn or oute which shulde noyse or disclaunder eny persone dwelling there withynne, or eny such mysrule used by eny persone of the saide Close atte the saide Beaufits Taverne, being a taverne in the saide towne and withoute the saide Close and fee. Wherfore It were ]>^ part of the saide Maier, yif eny such mysrule and bawdery bee within the saide taverne, yif he be clere in his owne persone, to compleyne and to see that it were corrected and amended ; within which taverne the saide Deane and Chapitre have no such correcion ne knowe eny such mysruled prelstes using the saide taverne as be specefied in the saide Article ne none so mysruled persones within the saide Close as he that is cause and yever of ensample to all such mysgovernance.* Article X. Item as to the x. Article, of the saide Maier Baillifs and Com minalte touching holding of eny pi the saide Bisshop saieth that no lawe putte him therto to answere. Natwithstendi yn his saide Courte spiritual noon other plees but as hem ought to doo. And where as seyen that the saide Bisshop hath -no lete but ¦ a simple Court Baron in Excetre ; therto the saide Bisshop saieth that he and his predecessours of tyme that no mynde is hath and have had in Excetre a viewe of Frank Plegge as it is more pleynly above rehersed. Article XI. Item as to the last- and most disclaunderous Article, the saide Bisshop saieth that it is none other but mater of disclaundre if eny mysrule hath be within eny tenure of his In the saide Citee of eny mater vitaill yn especiall araong other of brede » This appears to be the answer which Shillingford speaks of at p. 16. ANSWERS, replications, AND REJOINDERS. 105 ale and wyne or any such, the punysshment and correccion therof perteyneth to the said Bisshop and of tyme that no raynde Is hath be corected in Courtes of the saide Bisshop and his predecessours and yn no wyse by the saide Mayer and Comminalte, within which tenements the saide Mayer and Comminalte have no jurisdicclon correccion And the saide Bisshop saieth that neither he ne none oth«r by his comaundement never sende s . . . . t wyne ne none other to Topsam ne to Budeux as the saide Mayer most dls- claunderly hath surmytted. XXXIV. "The Mayor's Eeplications to the Bishop's Answers. These buth the repplicacons of the Maier Baillifs and Comminalte of the Citee of Excestre to the Answeris of the Bysshop Dean and Chapitre of the Cathedrall Churche of Excestre. Article L The seide Maier Baillifs and Coraminalte seyn that aile the maters conteyned In their furste Article is gode and true as they ben and woU be at all tyraes redy to prove as your full notable discrecions woU rule thera to bothe by mater of recorde prescripcion and other wyse. Bot as to that they seyn that the seide Citee was never under the name of a Cite a fore the stallacion of Leofrike there furste Bysshop and that Seynt Edward accursed aile suche that yn enywyse fro the seide Churche withdrawyn eny right or ayenst the seyde Churche malygne, the seide Mayer Baillifs and Comminalte seyn that the seide Cite was.knowyn by the name of a Cite as hit appereth by olde croniclis and as hit ys write yn an olde table the which hongeth yn quere of the seide Church writen thus Anno Domini XLix° Vaspasianus cum exercitu Eomano Civitatem Exonie octo diebus obsedit sed minime prevaluit, Arvlrago Eege civi bus prestante auxiUura. And they supposeth right well that Seynt CAMD. SOC. P 106 ARTICLES OF COMPLAINT, Edward accursed and knowyth right well yndede that they buth accursed aile suche that yn enywyse fro the seyde Churche wil- lyngly and wyttyngly withdrawlth or buth wyllyng to withdrawe eny right fro the seide Churche or malynge ; and the seide Maier and all the hole Comminalte and the Mayer most specially prayeth and ever shall praye God and Seynt Edward and all the Seynts in hevyn and yow to do the sarae aswell as all they that withdrawlth or wold withdraw eny right fro the seide Cite ; and they seyn that a fore Leofrike is tyme and yn the tyme of monkis of the order of Seynt Benet there dwellyng and possessed of the seide Churche and all thyngs therto belongyng, was and at aile tymes afore that of whiche no tyrae of mynde Is nother at that tyme was, stode called named and reputed as a Cite and so conceyved and knowed ; at whiche tyrae the saide Churche CIraltere Paleys londis and tene raents belongyng therto were have be and yet of right ought to be yn and of the saide Cite and ]3arcell of the same, not separate ne distynct therfro ; withoute that hit is conteyned yn the boke of Domesdey that they were separate and distyncte fro the seide Cite, ' and withoute that the Bysshop and his predecessours tyrae of Seynt Edward were possessed of eny suche fe as they seyn ; ofthe whiche sufficlant provis at aile tyraes of recorde shall be redy to be had. And as to the fe ferrae answered to the progenytours of Oure Soverayn Lorde the Kyng, they seyn that they and theire predecessours hilde the seide Cite at fe ferrae yn the tyme of William Conquerrour as hit appereth of recorde ; afore whiche tyme, thenne of tyrae that no mynde was, they and theire predecessours hadde holde the seide Cite to Fe Ferme yn like fourme. The whiche Fe Ferme by tyme aboveseide hath be made levy and payed by and to suche persons as to the seide Kyngs progenytours liked to assigne as of Fe Ferme of the said Cite. Aud as touchyng other articlis conteyned yn theire seide compleynt, the whiche the Bisshop Dean and Chapitre have answered yn theire repplicaclon as they seyn, the seide Maier Baillifs and Coraminalte seyn that the mater yn the repplicacion of the seide Bysshop Dean and Chapitre to their rejoynder made ys ANSWERS, REPLICATIONS, AND REJOINDERS. 107 not sufficlantly answered ; the whiche they remytte to youre grete wisedomys and discrecions ; and as to the answere to the rescours raade by Hugh Lucays, they seyn that all the mater conteyned yn theire compleynt is gode and true as they at aile tymes wolbe redy to prove after youre discrecions. Article II. Item as to the seconde answere of the seide Bysshop Deane and Chapitre to the Articlis of this seyde Maier Baillifs and Com minalte, they seyn that aile the maters yn that Article of compleyntis and every Article of Compleyntis wythynne the sarae as well as yn other answeris of the seyde Maier Baillifs and Coraminalte to the Articlis of the sayde Bysshop Dean and Chapitre and yn the re joynder to the same, som by matter of recorde some prescrlpcon and as hath be lawfully used, and som by other evident writyng and witnesse, shalbe proved gode and true after your wise discrecyons and as ye woU rule hara to. And as to that the Bysshop seyth that eny dyrae or parcell therof sholde be payed to Williara Upton, sora tyrae beyng Maier, and by him receyved as depute to the Kyngis coUectours yn the shire of Devonshire by the hondis of Walter Herte Baillifs of the seyde Bysshop, the seyde Williara Upton hath right faithfully seyde and we seye that he receyved never so ne yn none otherwyse no such raoney. And as to that the Bysshop seith as touchyng the payeraent of eny dyme yn the tyme of the seyde John Coteler that his tenantis of that he calleth his Fe were not y warned to come to the Gildehalle, to the assssyng therof, the seyde Mayer Baillifs and Comminalte seyn that they were warned as they were wont to be warned and as hit openly^ appereth yn the Articlis of the seyde Mayer Baillifs and Comminalte therof made. And as to that the Bysshop seith that his tenantis were assessed and sette of malys and yvell wyll to an yraportable some other wyse then ever they wer wont to paye so that ther wolde have remayned yn the seyde Mayer's hondys a grete some therof above the seide dyme like as ther hath remayned yn other Mayer is 108 ARTICLES OF COMPLAINT, hondys some tyrae vii ti. sorae tyme v ii. sora tyme more sora tyme lasse, the seyde Mayer BaiUIfs and Corarninalte seyn that the seide Bysshoppis tenantis wer never so sette bot favorablUy and with ynne that hara oughte and rayghte have be assessed and payed, ne never otherwyse at no tyrae assessed ne payed then longeth to thara to be assessed and payed or wyth ynne, as hit shall be ryght well y proved by ryght gode and true witnesse and olde bokys therof y made, and that by assent of ham self and their awne assent and aggreraent. How so be that the seyde Mayer Baillifs and Coraminalte by other men myght have assessed hara, they not called therto, ne no suche raony reraayned, ne bot right litell or none at eny tyrae hath remayned, and that what* hath reraayned hath be departed ayen araong suche of the porest puple that have bore charge and payed therto, and sora tyme hath lakked ;. whiche hath be payed with the comyn gode, while ther- was eny, as well as som tymes all yn dysoharge of the comyn puple of the seyde Cyte, as all shall be ryght well knowed and proved by right gode and true notable evydent writyng and wytnesse. And as to that the seyde Bysshop seyeth that his seyde tenantys offerred to the forseyde John Cotyler as depute aforseyde to paye by the hondys of the forseyde Walter Herte Bayllif and yet buth redy so to paye as moche as they wer wont to paye to fore, and he refused and wolde not receyve hit, the seyde Mayer Bayllifs and Coraralnalte seyn that true hit ys that the seyde tenantys offerred to the forseyde John Coteler as depute aforseyde to paye, and yet as they supposeth byth redy so to paye bot as moohe as was wont to be payed before was never ne may be putte yn certyn as aile the hole Cyte ys, and that bot sithenys the tyrae of Kyng Edwarde the Thirdde the vi. yere as hit appereth of recorde ; the whiche they reraytte- to your wysedomys. And as they and John Coteler seyn that they ne wolde ne yet woU no suche mony so unlawfully assessed and made levy as hit ys sur mytted yn the Article of the seyde Mayer Bayllifs and Comminalte » wliat], when, MS. ANSWERS, REPLICATIONS, AND REJOINDERS. 109 therof made, yn no wyse receyve, and that was the cause that the seyde John Coteler wolde none receyve but refused the seyde unlawful proffre. And as to all the remanent of the seyde Article, the seyde Mayer Bayllifs and Comminalte seyn that they woU prove hit gode and true as bit ys aboveseyde yn this same repplycacion. Articles IIL IV. Item as to the thirdde and fourthe Answeris of the seyde Bysshop Dean and Chapitre, the seyd Mayer Bayllifs and Coramin alte seyn that the mater conteyned yn their seyde Articlis shall be sufficyantly proved gode and true som by raater of recorde and sorae by raater of recorder and som by prescripcyon and as hit hath be lawfully used and som by other evydent writyng and wytnesse ; the whiche they answer not bot by mater of travers ; bot wher they seyn that the punysshment of aile purpresturys longeth to the Kyng and not to the seyde Mayer Bayllifs and Comminalte, they seyn that of tyme that no mynde is the Mayer Baillifs and Coraminalte and their predecessours have hadde and of right aughte to have aile maner punysshementys and avantagys of aile raaner purpresturys withynne the seyde Cite and precyncte of the sarae, the whiche they buth redy to averre and prove. And as touchyng to theire surmys that every freholder yn the seyde Cyte have used to make stallls yoyant to theyr tenementis yn raaner and fourme yn the seide answeris conteyned, the seyde Mayer Baillifs and Comrainalte seyn that theyr seyde answer ys no sufficient prescrip cyon ne answer suffycyant yn lawe ; the whiche they putte yn your wysedomys. And as touchyng eny suche stallys to be made ayenst eny freholde, they, seyn that no freholder aughte no sholde of ryght make no stallys ayenst theyr freholde withoute hit hadde be used and accustomned of tyme that no mynde is or by leve of the seyde Mayer and Coraralnalte. And they seyn that the housys and tenementis whiche the seyde purpresturls beth raade and y hadde buth bot of light late tyme and withynne tyme of mynde bulled 110 articles OF COMPLAINT, and never none before. The whiche teneraents and purpresturls buth aile yn and of and parcell of the seide Cite. Article V. Item as to v" Answer to the Article of the seyde Mayer Bail liffs and Comlnalte, they seyn that all the raater comprehended yn the seyde Article shall be effectually proved gode and true. And as to that they seyn that the seide Maier and Comrainalte hadde never comyn wey thurgh the seyde cloyster, they seyn that withynne tyrae of raynde ther was no suche Cloyster ther bot all opyn Churche hey and a corayn wey over yn to the seide Churche ; and as to the remanent of the mafer comprehended yn the seide answer, the seide Mayer Baillifs and Comminalte seyn that they by the lawe buth not bounde therto to answere. Article VI. Itera as to the vi. Answer of the seyde Bysshop Deane and Chapitre, the seyde Mayer BaiUIfs and Comminalte seyn that all the raater conteyned yn their Article is gode and true and not feyned ne to disclaunder no mynester of the seyde Churche. And yn speciali that the Close yeates and the litell stile most specyally wer y- shitte as hit is comprehended yn the Article therof raade; withoute that eny suche carae yn atte lytell stile beryng fyre in a sho as they surraytteth or yn eny other wyse, and that shall be ryght well and truly proved. Article VIL Item as to the vii^ Answer . of the seyde Bysshop Deane and Chapitre, they seyn that all the m[ater in the] seyde Article con teyned Is gode and true as hit shall be ryght well proved by ryght gode and .... writyng and witnesse. And as to that they seyn that the postern dorys specefied yn the seyde ar[tlcle] sholde be of the brede of a kernell of the seyde towne wallis and that by the ANSWERS, REPLICATIONS, AND REJOINDERS. Ill frowardness to yvell [entent] suffred the seyde posternes and part of the wall to fall adown and to lye open for defaute of reparacion [to the] entente that they myght have fre comyng yn to the seide gard3ms at their owne wIU to fa [yne maters] of disclaunder apon the minesters of the seyde Churche, and that the corayng yn of the Mayor [and] suche dredeful puple of his Coraralnalte sholde be the raysgoverned puple and yncomyers that the Mayer and Com minalte corapleyn of yn their article, and that they for their owne necessyte for defaute of reparacion atte their awne propre costeys and expensis have repayred the seyde wall so fall adoun and y made dorys yn theyre severall grounde, the seide Maier Bayllfs and Coraralnalte seyn furst that the seyde dorys sholde be of the brede of the thicknesse of the towne wall withynne the kernellis of the sarae, and that no suche wall fill adoun for defaute of reparacon ; bot right late Mayster John Druell, Archidiakne of Excetre, tenant of oon of the seide iiii. gardyns ther hit is supposed oon sholde fall adoun, drewe adoun a sufficlant wall and dore larger for his awne yese and disporte and all at his awne wyll, and oon Mayster Eobert Boson, sora tyrae ChaunceUer of the Cathedrall Churche of Excetre, beyng tenaunt of oon of the said iiii. gardyns, stopped up oon of the dorys stondyng an high upon the wall of the towne and raade another postern dore allowe yn his gardyn for his better yese • and disporte going yn and oute at, that dore ; the whiche stoppyng of the dore the Maier and Coraminalte ever sithen have suffred and go yn and oute when tyrae hath be at that other side dore, excepte this yer that he wolde not, and thogh he wolde he was forbode and lette by the tenant of the seyde gardyn. And this buth the posternys dorys and wallis fall adoun for defaute of reparacion and y-raade upon their severall grounde at their propre costys and expensis repayred that they corapleyn ham of, withoute that the Mayer and Comrainalte of frowardnesse to yvell entent suffredde the seyde posternys and part of the wall fall adoun to fayne maters of disclaunder apon the minesters of the seide Churche, and withoute that the Mayer or eny of his Comminalte 112 ARTICLES OF COMPLAINT, be eny suche dredefuU and raysgoverned puple and yncorayers as they speke of ; for the puple that the Mayer and Coraralnalte yn their divers Articlis meneth and compleyne hara of, their narays not specifyed for noyse and disclaunder that myght corae therof, ys ne buth their Holy Gostly Fader the Bysshop ne Deane ne Chapitre ne none of tham ne bot right fewe of their mynesters ne servantis famyllars that such noyse and disclaunder as hit Is supposed sholde be to, bot right grete and worthy of the contrey and suche as have be wonte to be called worthy of the Cite of Excetre and other to grete harme hurte hyndryng noyse and disclaunder of M ii and moche more ; the which all shall be proved gode and true and parcell as the lawe wyll bytwene party and party, prayng yow my Lorde ChaunceUer yf hit please your gode Lordesship by mouthe to knowe hit &c. and all yn defaut of kepyng of the seyde yeatis posternys dorys. Wherfor we the Mayer Baillifs and Comminalte of the Cite of Excestre praying yow oure Lorde ChaunceUer most specially, and yow oure other Lordis Justises, to coraaunde our Holy Fader the Bysshop Deane and Chapitre to suffre us yn pees and godely to amende and repayre aile such yeatys and dorys as we of right and of lawe aught to amende and repayre as hit shall be right well y proved and yn especiall aile the dorys and posternys apon the towne wallis y-specefyed yn their vll^ Article and two dyvers lokkis and keyes to be sette apon every dore to be opened bot onys yn a yer after the fourrae effecte and entent of a composicon therof made and to avoyde aile yn and oute comyers bot as by the corapesicon aboveseide. And that they may have make repayr maynner use and occupye to their awne use and do as they woU and aughte to do with and yn the sarae tour coraprehended yn the seide vii. Article as well as the dorys and posternys after the fourme effecte and entent of the seyde composicon as lawe right and reson requyreth, the wiiiche tour and dorys jn their Article of compleyntis as hit is compleyned ys not withseyde. ANSWERS, REPLICATIONS, AND REJOINDERS. 113 Articles VIII. IX. X. Itera as to the vilis Jx^ x" and xi^ Answers of the seyde Bysshop Deane and Chapitre, they seyn that all the raater con teyned yn the seide Articlis, as well as yn the Articlis above seyde, buth god and tru as hit shall be well proved, as hit ys specefyed in the furst thridde and fourthe repplicacions: and as to that they seye that the yeate atte the Freren Lane ende perteyneth to the Freris and not to the seyde Mayer Baillifs and Coraralnalte ne to their charge of reparacion and by the keye yn the seyde Mayeris warde yf eny nyght walkers herkeners or eny other mys governed puple or wymmen have corae yn or owte atte seyde dore, that they have corae by avys and ordynanee of the seyde Mayer ; and also as to that they seyn that it wer the part of the seyde Mayer, yf eny suche raysrule as ys comprehended yn the Article or bawdry, yf he be clere yn his awne person, to corapleyn and to se that hit wer corrected and amended, and that they knowe none suche raysruled person as he that is cause and yever of ensarapell of all suche mysgovernance ; the Mayor Baillifs and Comminalte seyn that the Freris have no yeate ther ne keye, ne none aughte to have, ne never they ne none other raan hadde, ne aughte to have bot by the Mayer and Coraralnalte, and that the Mayer and Com minalte at aile tymes have made the seyde yeate and repayred hit as all shall be right well proved by right gode open and evydent writyngs and witnesse, and that the Mayer ne no man that they surraytteth apon hadde never keye therof wherby eny suche mys governed puple sholde come yn or owte. And the Mayer seith that true hit Is that hit is his part to correcte and amend suche mysgovernance as ys surmytted yn Beaufitz is Taverne all that longeth to the Kyng and to his pees withoute leve y asked. And he seyth that he knoweth right well he hath be right negligent and sparyng theryn as yn other offencys meny and dyvers, supposyng to the worlde warde for the beste duryng the tyme of this entrety. Bot savynge the commaunderaent of yow ray Lorde ChaunceUer CAMD. soc. Q 114 ARTICLES OF COMPLAINT, and other lordes, he woU amende hit as sone as God well yeve hyra grace and tyme to as the lawe woU. And as to his clere lyvyng yn his awne person and cause yever of ensample of all suche mys governance, he seyth that God wote who ys cler of his lyvyng " quia nemo sine crimine vivit " aiid prayeth the causers doers and wyllers therof every man furst to se his awne defautis as well theryn or and as well as yn other defautis grettere and more perill and offence then this, and he that fyndeth himself cler, caste he the furst ston as yn the Gospell, and do he has the Mayer shall for his part, bysekyng yow my Lorde of Canterbury as Archebysshop Prymate and hedde of all Churche of Engelonde and his High Holy Gostly Fader to amytte hyra to his purge for the grete parte of the raater of disclaunder that ys thus disclaundely of yvell wyll openly putte apon hym and that for the love of God and yn wey of charite. The articles of complaint being answered and replied to, the proofs appear to have been stated. The following ^''Articles of Proofs'' and the answers thereto have been found. XXXV. The Bishop's Articles against the City to prove that THE Bishop's Fee is distinct and separate prom THE City. These maters folwyng prove that the Cathedral Churche of Excetre and the Cimitere thereof and also the Bysshoppis fee there, otherwyse called Seynt Stephenys fee, buth distyncte and ceparate fro the Cyte of Excetre. I. Furst hit ys conteyned yn the boke of Domys Day " quod rex habet in Exonia ccc. domes xv. minus Ic. Episcopus habet in Exonia xlvij. domes duas acras terre et dimidiam ¦?<;." whiche raaketh the seyde Churche Cimitere and fee, so that the saide boke provyth that the Bysshoppys tenementis were frank fe and cevered fro the Kyngs aunceon demene, whiche aunceon demene maketh the seide ANSWERS, REPLICATIONS, AND REJOINDERS. 115 Cite as the Mayer and Comminalte of Excetre have supposed before this yn theire awne writyng. II. Itera Williara Conquerrour and aile his heiris hadde the seide Cite yn theire awne hondes as there aunceon demene distyncte and ceparate fro the seide Bysshoppis tenementis tille the Ij'''' yere of the reynyng of Kyng H. the thirdde duryng whiche tyrae sorarae yeris the Shirivys of Devonshire accompted of the issuys and proffitis therof yn the Kynges Excheker as parcell of the ferrae of the shire and somme yeres gardeyns of the seide Cite, as hit appereth of recorde yn the Escheker; all whiche tyrae the seide Bysshoppis teneraentis were not claymed to be parcell of the seide Cite. III. Item none ofthe Bysshoppes of Excetre nother theire tenantes of theire saide tenementis paled never rente nother didde eny ser- vicys [to] the lordes nother to the gardeyns or possessours of the seide Cite as tenantes of aunceon deraene doth to their lordes. IV. Itera the seide Bysshoppis fro the tyrae that noo raynde ys have hadde a Court yn theire seide fe and lete and vyw de franke plegge, as shall be proved by olde rollls therof, and correccion of brekyng of assise of bred and of ale and of assauts and of aile other articlis longyng to a lete, and wrytts of right sywed there ^c. V. Itera the citeseyns of the seide Cite hadde never libertees ne custurays before Kyng Harey is tyrae the thirdde bot as Burgeyses and tenantes of aunceon demene sholde have ; at whiche tyrae they were worthy and thrifty puple and suffred the seide Bysshoppes and theire tenantes of theire seide fe to be yn pees till afterward nywe charters were made to theyme. VI. Itera the Citeseyns of Excetre hadde never the seide Cite to fe ferrae before Kyng H. ys tyme the thirdde ; at whiche tyme they by coloure of a voyde charter raade to theym therof by Eichard 116 ARTICLES OF COMPLAINT, Kyng of Alraayne brother of the seide Kyng H. wrongfully usurpyd apon hym claymyng to hold the seide Cite by fe ferme, wherfore the same Cite was resumyd yn to Kyng E. the thriddes hondes by vertu of a jugeraent hadde ther apon by grete deliberacion, and the Shrive of Devonshire charged by writte to answere to the Kyng of the yssuys and proffits therof, as hit appereth of recorde yn the Escheker ; and afterward th e same Kyng by his letters patentz graunted the seide Cite to the saide Citeseyns and to theire successours to fe ferme; syth whiche tyme they have wrongfully dyvers tymes claymed the seide Bysshoppes teneraents to be parcell of the seide Cite other wyse then ever was done afore. Indorsed : Copia vera. XXXVI. The Mayor's Answers to the Bishop's Articles op Proof.* These bene** the Aunswerys to the Articulis of Provys y putte yn by the [Bysshop Deane and Chapitre of the] Cathedrall Churche of Exeter ayens the Mayer Baylyfs and [Comminalte of the same Cite to prove that the] seide Cathedrall Churche the Cyme tere therof and that [they ' calle now the Byshoppis fe otherwyse and rather y] called Seynt Stephens ys fee and nowe otherwyse they calle " [the Bishoppis fee] sholde be ceparate and distyncte away fro the seyd Cytee. As to the firste artycle of provis where the seide Bisshop Deane and Chapitre seyn that hit is conteyned yn the boke of Domysdey quod rex habet In Exonia ccc. domes xv. minus '?£. Episcopus habet In Exonia xlvij. [domes duas acras terre et dimidiam Ic. whiche] maketh the seide Churche Cimitere and fe so that the seide boke proveth as the seid Bysshop seith that the Bisshoppis [tenaiintes » The text is from an imperfect copy roll. A collation is given from a full copy in parchment found after the transcript was made — it is designated A for the purpose. Slight variations of spelling have not been noted. ^ bene] byth. A. "= they to calle " yn ther ffirst article of these compleynts called Seynt Stephyns Fee and nowe otherwise they callyth the Bisshoppes fee shalbe, &c." A, ANSWERS, REPLICATIONS, AND REJOINDERS. 117 were frank fe and cevered fro the] Kynges aunceon deraene. The whiche the seide Maier and Comrainalte seyn is noo prove that the [seyde Churche Cimitere and fe ne tenaunts] buth frank fe separate and distincte awey fro the seide Cite and that they remytte yn^ to your grete wise [dorays]. And yf hit so were by reson hit sholde be called Seynt Peter is fe, and so was hit never, nother the Bysshop is fe as they now clayraeth bot long sithenys tyme of raynde. Bot if eny fe be hit hath be called Seynt Stephens fe as the seide Bisshop hath supposed and clayraed yn his furst and seconde articlis of corapleyntis, and annexed to the Churche of Seynt Stephen of Excetre hed place of the seide fe, as of olde tyrae hit hath be seide knowed and called. Yn prove wherof some of the tenantis of the seide Bysshop holdeth and bereth rente to the seid Bysshop as by right of the seide ChurChe of Seynt Stephen and sywte and servyce to the seide Bysshop as by the right of Y same Churche ; and somme bothe by rente sywte and servys to the seide Bisshop as by right of the seide Churche of Seynt Stephen ; w* oute that ony house lond or tenemente hold of the seid Bisshop of that he calleth hys fee forseid ben holde of the seid Bisshop as of the right of his Church of Seynt Peter forsaid ; and withoute that the Churche of Seynt Peter Cimitere or housis withynne the procyncte of the seide Cimitere berying eny suche rente sywte or servys to the seide Churche of Seynt Stephen or to the seide Bysshop by right of the seide'' Churche nother the seide Churche of Seynt Stephen beryng eny suche rente swyte or servys to the seide Churche of Seynt Peter. And so hit proveth yf eny be Seynt Stephens fe, ceparate and dis tyncte away fro the seide Cathedrall Churche and Cimitery, as the seide Bysshop hymself yn his furste and seconde articulis of cora pleyntis separatly and ceverally hath supposed and clayraed ; with oute that hit be conteyned yn the Boke of Doraysday or Osbert the seconde Bysshop of Excetre [araong wother claymed or made] mencyon of eny suche Church of Seynt Stephen or fe ; and with- " yn] omitted in A. *> seide] same. A. 118 ARTICLES OF COMPLAINT, oute that eny of the seide Bysshoppis predecessours were seised of eny fe yn the tyme of Kyng Williara Conquerrour as they have above supposed and claymed. And so the seide'' boke of Doraysday proveth right noght for the saide Bisshop Deane and Chapiter yn this mater, ''and that they remytteth as hit is aboveseide.'' Bot they seyn that hit proveth by that the Bisshop" Deane and Chapitre seyn as hit Is conteyned yn the boke of Domesday with more as hit is conteyned yn the same boke thereto yn these wordis " De tempore Eegis Edwardi Episcopus habet in Exonia duas acras terre et dirai- dlara et jacent cura terra Burgensiura que ad ecclesiam pertinent," the whiche lorde Osbert the seconde Bishop there clayraed to have yn Seynt Edward Is tyme yn the Cite of Excetre withoute eny more as hit appereth yn the sarae boke of recorde ; the whiche londe raaketh the Bisshoppis Paleis and the gardynes annexed therto. And yn Kyng Williara Conquerro' is tyrae the seide Bisshop claymed the same londe and a Churche beryng a raarke and xlvij. housis beryng xs. xd. not makyng mencyon perteynyng to his Churche. The whiche rentis as well as of meny other housis londis and tenementis y-holde yn the seide Cite yn like wise somme of Seint Edwardis tyrae and somme of the seide Kyng Williara Conquerrour is tyrae beryng custume or rente or bothen ^ ; of the whiche Churches housis londis and teneraentis somme buth of the seide Bisshoppis and his predecessours and sorarae of Bisshoppis of other dioceses and of religeous and of erlis barons knyghtes squyers and other none withselde bot all parcell of the seide Cite and annexed to the same, whas namys and parcellis meny buth conteyned yn a bulle annexed herto ^ with meny moo that ther buth, in aile " seide] omitted in A. ° and to aboveseide] omitted. A. " Bishop] omitted. A. * bothen] both. A. « On a rider occur extracts from Domesday relating to houses in Exeter which pay custom to the King, viz. : " Terra episcopi de Exonia. Episcopus de Exonia habet in civitate unam ecclesiam que reddit j marcam argenti et xlvij. demos reddentes xs. xd. et due domus sunt vastate per ignem. Ibi due acre terre et dimidia et jacent cum terra Burgensium que ad ecoliam pertinent. Ipse episcopus tenet in Exoestria ix. domos reddentes iijs." Also " Terra Episcopi Constantiensis— Ecclesia Batailze— Terra Comitis ANSWERS, REPLICATIONS, AND REJOINDERS. 119 raaketh the norabre of Ix. and moo "?£. as hit appereth of recorde. The whiche rentis aile of tyrae that no raynde renneth have be and yet bene parcell of the fe ferme of the seide Cite. And so hit proveth by the seide boke of Doraesdey that the seide Churche Cimitere housis londis teneraentis and fe buth not franke fe ne ceparate ne distincte awey fro the saide Cite, as they above have leide, bot at all tyraes have ben and yet buth yn and of the seide Cite annexed therto and parcell of the sarae as well as of other of the same holdyng comprehended and raade raencion of yn the seide bille. And yn prove that the seide Cite was at fe ferrae yn the tyrae of Kyng Williara Conquerrour hit proveth by these wordis yn the seide boke " Exonia hec reddit xviij. libras" the whiche rente so putte yn certeyne proveth a fe ferrae. And yn raore prove therof they seyn that yn Kyng Harry is tyme the furst, sone to the Con- querroure, the iiij^ yere of his regne, Mawtehis Quene founded the hous of Crechurche yn London and yeaf to the foundacion therof " duas partes redditus Exonie." And so the sarae Kyng Harry the furste confermed hit by these wordes " De redditu Exonie " "ic. And so hit proveth fe ferrae.'' Bot yn raore full prove therof the sarae Kyng sende a writte yn to the Barons of his Escheker yn the whiche is conteyned these wordis " Sciatis rae concessisse esse stabule (sic) donum quod Matilda uxor mea dedit et concessit Canonlcis Sancte Trinltatis Londonie de firma civitatis Exonie. Et ita distringatis sicut feceritis de mea propria firma." The Moritonie — Terra Baldwin! Vicecomitis — Terra Radulfi Pomeray — Terra Alveredi^ Terra Godeholdi," — with this note : " The whiche aile churchis housys londys and tene mentis buth of 00 holdyng as well as ryght meny moo other and dyverse whiche aile passyth the nombre of Ix. and moo beryng rente or yeldyng custume as all apperith of recorde yn the seyd boke, none wythseyd except ithe xlvij . housys aboveseyd now late ; the whiche the Mayer and Comminalte seyn that all buth parcell of the seyd Cytee yn and of and annexid to the same. And they seyn that all the rentys aforseyd hen parcell of the fe ferme of the said Cyte, and that rentys and eustumys proveth a fe ferme by prescripcion at that tyme. And the Cyte not yn the Kinges hondes as hit ys yn theire seconde Article of provis supposid." • fee ferme. A, 120 ARTICLES OF COMPLAINT, whiche writte is of recorde wherof a copy is redy to shewe, and thus hit proveth that the seide Maier and Comrainalte hadde the seide Cyte of Excetre to fe ferme yn the tyrae of Kyng Williara Conquerro'' by no graunt of Kyng bot by prescripcion, and so [at all tyraes] vew de franke plegge as they have allelde yn theire furste article of theire corapleyntis and as hit is allowed be fore justice yn Eier " amonge other thynges by these wordis " Cives Exonie habent placita de vetito naraio, furcas, asslsas panis et servlsie "?£. Et hec omnia habuerunt ante conquestum et post ;" a copy of whiche recorde is redy to shewe : and yet yn prove that hit is a fe ferme, hit was never answered yn to the Escheker bot by rente certeyn as hit is aboveseide and paied by suche hondis as hit appereth yn the seconde article of the repplicacions to the answeris to the articles of the seide Maier and Coraralnalte or by narae of a fe ferrae as yn the iij''" Kyng Harry is tyrae the xx. yere of his regne by these wordis " Cives Exonie debent xij ti xix s. de firraa ville sue et vj ii ixS. vj d. de eadem pro diraidio anno sed non debent sumraoneri quia Elcardus'' frater Eegis Comes Cornubie habet "^c." as hyt apperith of recorde as wel as yn the thrydde Edward Is tyme, the YJte y.gj,g of his regne ; at whiche tyrae the Cyte was selsyd yn to the kynges hondys and the Shrlvey charged wyth the yssuys and profitis therof by wrytte by thes wordys " Preceptura est Vicecomltl ^c. quod eandera civitatera capiat in manu Eegis et de proficuis inde provenientlbus " 15c. The whiche were never by the Shyryve y aunswerid yn to the Kyng, bot at hys accoraptes therof discharged and the Citee charged by thes wordis: " De qua quidera firma iidem Major et Cives restant onerandi " ¦?£. And so hit proveth alwey a fee ferme as hyt is abovesayde ; wythout that hit was atony tyrae y aunswerid yn to the Escheker by these wordis " de proficius aut de exitibus" tc. Item to prove that the seyd Churche londis and tenantis buth noo franke fe ne ceparate ne distyncte awey fro the seyd Cytee as " Justices of an oyer. A. ^ Richardus] Rex, MS. ANSWERS, REPLICATIONS, AND REJOINDERS. 121 they have above supposid and leyd ;" furste hit is a grete prove the grete and meny dyvers provis that the Mayer and Comlnalte have provid the cite at fe ferme and long contynuance as hit ys above seyd and leyde. And for more opyn prove the Mayer and Comminalte seyn that aile the Bysshoppis tenantys of that he callyth Seynt Stephyn ys fe at all tymes have be chargeable and charged wyth theyra yn al raaner taxaclons talliages and charges, the whiche buth specyfied yn al *> theire seconnde article of compleyntes, and specyaly yn a taxe yn the furste Edwardys tyrae, the vj. yere of his regne, of every mannys rente of cytees and burghes the x*'' parte to the Kyng, as hit more opynly apperyth yn the. fourth article of provys ; at whiche tyme of assesse levy and payment made therof there was no mencion ne exception y-made of no fe lond ne tenemente dystyncte ne ceparate awey fro the seyd Citee, but al payed as hit ys above seyde ; and the Bisshoppis tenantes specyaly as hit apperyth by rollys and the commyssyon of recorde, the whiche buth redy to shewe. Itera raore and right openly hit proveth by this that the tenantis of the seide Seint Stephens fe to aile dyraes y-graunted and payed to the Kyng at eny tyme, the whiche dymes buth graunted" payed and raade levye bot of cytees and burghes, the seyd tenantys of moste olde tyrae and sythenys hath payed, and yet yn thes dayes whan hit coraeth, payeth, and not by tham withsayde. And so hyt proveth opynly parcelle of the seyd Cytee or els Cyte or burgh by hym sylfe. And so was hyt never. Item hit proveth by that that coroners of the seide Cite aughte and so have executed theire power that longeth to theire office of coronershipp as well yn the Cathedrall Churche of Excetre as yn aile other placys housis londis and teneraentis with ynne the seide clos and ciraitere as yn aile other housis londis and teneraentis of the seide Bysshopis with ynne the seide fe whanne hit hath falle, as hit openly proveth yn the vij. article of our provys. • and leyd] omitted. A. '' al] omitted. A. •^ graunted] omitted. A. CAMD. SOC. B 122 ARTICLES OF COMPLAINT, Item hit proveth by that dyvers londis and tenementis lyyng yn dyvers placis of the clos and amydde the cimitere of the seide' Cathedrall Churche, aswell as of other londis and teneraentis of the tenementis that the Bisshop calleth to be of his fee, by the pre decessours of the Bisshop and dyvers of his tenantis of the sarae fe have pleded and be pleded and recovered before the seide Maier and Baillifs, and so stondeth seised at this day ; and the Bisshop specially, and the housis londis and tenementis of the seid fe have passed by fynes and testamentis and y-ruled at aile tyraes after the custume of the same Cite, as hit openly is proved yn the viij. article of provys of the seide Maier and Comrainalte and by recordis wherof titelynggis thereafter suyth : the whiche recordis buth redy to shewe. ''The whiche y-shewed they truste to God and to youre gode lordshippis that hit shall stoppehara, and they not to be receyved to seye the contrary nother the Churche housis londis ne tenementis of theirls aboveseide buth'' ceparate ne distyncte fro the seide Cite bot yn and of parcell of the seide Cite and annexed to the same as they have above proved. Item as to the seconde article of provys where the Bisshop Deane and Chapiter seyn that William Conquerrour and aile his heiris hadde the seide Cite yn theire awne hondis as theire aunceon de mene distyncte and ceparate fro the seide Bisshoppis tenementis till the seconde yere of Kyng Harry the thridde, duryng whiche tyme ' shyryves of Devonschyre accompted of yssuys and profytes therof as parcell of ferme of the shyre, and some yerys gardeynys "^c. All whiche tyrae the Bysshoppys teneraentys were not clayraed to be parcell ^c. To the whiche artycle the Mayer and Coramunalte seyn that the contrarye of al thys artycle yn theire furste artycle abovesayde ys suffycanntly proved "^and that they reraytte yn to youre grete wysdomys." Item as to the thrid artycle of provys, where the Bysshop Deane * seide] omitted. A. i" The to buth] and is sufficient to prove that they byth nott. A. « and io wisdomys] omitted. A. ANSWERS, REPLICATIONS, AND REJOINDERS. 123 and Chapytre seyn that none of the Bysshoppis of Excetre nother their tenantys "of theyr seyd teneraentys'' payed never rente nother didde eny servys to the lordys as tenantys of aunceon deraesne: Thereto the seyd Mayer and Coraralnalte seyn that the seyd Byshop pis and their tenantys of olde tyme hau done and payed as tham aughte to do and paye and as hit ys coraprehendyd yn the fyrste artycle abovesayde. Itera as to the fourthe artycle of provys, where the seyd Bysshop Deane and Chapytre seyn that the seyd Bysshoppys fro the tyme that no raynde ys have hadde a courte yn theyr seyd fe and lete and vew de frank pleg, as shal be proved by olde roUys therof, and correccion of brekyng of Assise of bred and of ale and of assautys and of aile other articles longyng to a lete and wryttys of ryght ryght sywed there : Therto the seyd Mayer and Comminalte seyn that they ne have ne aughte to have bot Courte Baron, and that longeth therto. And that is to prove by many and dyvers records aredy to. And as to all the remanent of the same article, hit ys proved the contrary yn the furste article aboveseyde, and yn the seconde article of their provys tc. Item as to the fyfte article of provys, where the seyd Bysshop Deane and Chapytre seyn that the Cyteseyns of the seyd Cytee hadde never liberties ne custumes before Kyng Herry ys tyme the thridde bot as burgeyses and tenantys of aunceon deraene shulde have ; Therto the seyd Mayer and Coraralnalte seyn that they and theire predecessours have hadde and used eustumys and libertees by prescripcion as hit ys above proved yn theire furste article, and as they maye and ys proved yn the'' nexte the vj" article sywyng as wel yn" Kyng Harry is tyrae the furste as hit apperith by hys chartre of recorde that they have the sarae liberties and eustumys that London hath by thes wordys " Sciatis eos habere consuetudines Londoniensium sicud barones mei ibidem nobis testantur." The » of to tenementys] omitted. A. '' the] and the. A. <: yn] as yn. A. 124 ARTICLES OF COMPLAINT, whiche ys no nywe graunte bot proveth a prescripcion, and so hit ys alowed before Justyse yn Eyere. And as toward that they seyn that of olde tyme there were thrifty puple yn the Cite of Excetre, as who seyth to every mannys understondyng and als hit wol be take noo thrifty puple there nowe, the whiche is no raater yn substaunce to aunswere to ; nerthelez hit shall be aunswered and declared among other raaters yn a bulle y-brought to ray Lord Chaunceler. Itera as to that they seyn that the Mayer and Coraralnalte of the seyd Cytee suffrid the seyd Bysshoppis and theire tenantys to be yn pease ; thereto thei seyn thare was no debate ne no cause of debate, but nowe ; for the Bysshoppis predecessours at that tyme and all theire tenantys didde sywe, pledid and were pledid before the Mayer and Ballyfs as tham aughte to do, and never claymed to be ceparate ne distyncte awey fro the seyd Cytee, as hit proveth by dyverse evydencys and recordys yn our articlis of provys specifyed. Item as to the vj" Article of provys where the seyd Bysshop Deane and Chapitre seyn that the cyteseyns of the Cytee hadde never the Cyte to fe ferme before Kyng Harry ys tyme the thrid, and that they seyn "that the seyd Cytee was seysed yn to Kyng E. the thridde ys hondys. And as to that they seyn" that the Shyryve of Devonshyre was charged by writte to aunswere to the Kyng yn hys Escheker of the yssuys and profetys of the seyd Cyte ; and as to that they seyn that afterward the same Kyng by his letters patentz grauntid the seyde Cyte to the seyd cyteseyns and to theyre successours to fe ferme ; the Mayer and Comrainalte seyn as to the seysyng of the seyd Cyte and takyng of a nywe charter, they buth not by the lawe excludid to clayme al the olde custumes franchyses and libertees by prescrlpcions as they didde before. And as to that they seyn that they sythenys have claymed the seyd Bysshoppis tenementys to be parcell of the seyd Cytee otherwise than ever was done before ; ''they seyn never bot as hara aughte to do, and as they have provid yn the furste article of provis aboveseyd. And as to " that to seyn] omitted. A. >> they to 'tc] which is well proved yn the first article of provys ; A. which ends here. ANSWERS, REPLICATIONS, AND REJOINDERS. 125 all the remmanaunte of this article, hit ys proved yn theire firste article abovseyd '?£.'' Thes aunswerls thus made writen and delyvered yn to your gode lordshippis, we the Mayer and Comminalte of the seyd Cyte of Excetre trustyng to God that we have after the Kyngis comaunde ment do writen and delyvered yn al that we aughte to do and delyver, praying you of your gode and gracious lordshippis that the Bisshop Deane and Chapitre do the same for theire parte, that yet buth byhynde of rejoynyng to our Articles and the aunswere to oure article of provys. And so the parties to stonde evyn, and over that replle to thes aunswerls, and we shall rejoyne and lete thera do the sarae to oure articles of provis. And as we truste to God the raaters by evydencis shall be so declarid that right shall opynly appere. And therapon that bit please your gode and gracious lordshippis so to make an ende after the fourme effecte and entente of our Article of suppllcaclon yn the ende of the Artycles of our Provis conteyned. And If eny partie be yn defaute let hym be so reulid knowed and reportid to the Kyng our soverayne lord *?£. And that for the love of God and yn way of charyte. Indorsed. — Copia vera. Et examlnatur per Montegu et Johannem Aleyn. The Bishop and the Dean and Chapter put in Articles of Com plaint against the Mayor and Citizens, which were answered by the City, and replied to by the Bishop and Dean and Chapter. These articles, ansivers, and replication, however, are not to be found; ihe answer to the replication only has been discovered. It is as follows : 126 ARTICLES OF COMPLAINT, XXXV. The Mayor's Answer to the Eeplication op the Answer OF THE Bishop. These ben the Answeres of the Mayer Bailliffs and Comminalte of the Cite of Excetre to the Replicacion of the Answeres to the Articlis of Compleyntys of the Right Reverende Fader yn God the Bisshop of the Cathedrall Churche of Seynt Peter of Excetre, the Dean and Chapitre of the same Churche. As to the Eeplicaclon ofthe Bisshop of Excetre made &c. ayenst the Furst Answere of the sayde Mayer Baillifs and Comrainalte, Where the sayde Bysshop yn his repplicacion seyth that there was an Eyre holdon yn the Shire of Devonshire afore Salamon Eoof and his felowes atte Excetre yn the vtas of Seynt Martyn the yere of the regne of Kyng Edward the Furst the Ix", and that the sayde Mayer Baillifs and Coraralnalte were not restored by fyn by replevyn made of the sayde libertees and franchises. And also that yn the ill^ yere of Kyng Edward the IIie peyn of mt. ii. and upon their liegeaunce [to come and appere] afore your ChaunceUer of Englond and certein of your Jugges by him to be assigned the xx"" day of Juyn last past [and to bringe] w* them ther Chartres and evidences consernyng her libertees and Fraunchises and to obey such reule and ordenaunce as shall be sette by your seid ChaunceUer and Jugges bitwene the seid Bisshop Deane and Chapitre and your seid besechers ; the goyng out of the which prevee seall is ageinst the forme and ordre of your lawe of this your noble Eeaume ; in the which every yo"^ trew liegeman in this your same Eeaume is enherited. Please it your " The date of this petition is about July 1447, for in Bishop Lacy's Register under date Chudleigh, 18 May, in that year, we find the appointment of William Byoonyll, LL.D. Walter Collis the precentor, John Druell archdeacon of Exeter, John Rowe the sub- deacon, Roger Keys canon of Exeter, Sir John Wolston chaplain, John More, John Wode, and Thomas Maynour, Attornies and Proctors for the Bishop and the Dean and Chapter, to appear before the Lord Chancellor and the two Chief Justices. They are also granted a power to produce charters and muniments. [Lacy's Register, ff. 286'', 287.] CAMD. SOC. T 134 APPENDIX. highnesse of your grete right wisnesse and speciali grace tendrely to have in rightfull favo'' your seid Cite Mayer and Citezeyns, Forasmuch as" it is ordeigned by the statute made in Magna Carta of the libertees and franchises of Englond Jiat no man shuld bee disseised ne put out of his free hold ne fe King upon him shuld goo, neither him shuld vex ne in no manere him shall take ne enpreson but by lawfull juggement and by lawe of the lond, neither the King shuld deferre ne deny right or justyce And over fat it is ordeigned by a statute in the tyme of your noble pro genitor King E. the IIP" in the xlii yere of his reigne for the gode governaunce of the commune that no man shuld be putte to answere before the King or his Counseill w'out presentment before Justice or matier of record or due processe and writte originall after the auncien lawe of this your seid reaume. And yf eny thing be doen the contrary that it shall be hold for nought.'' And forasmuch as your seid suppliantz ben vexed and put to trouble by colour of the seid preye seall ageinst your lawe and ageinst fe seid ordenaunce to adresse your honorablez letters under your signet un to your seid ChaunceUer commaunding him that ne no wise he hold afore him no mannere matier by force of the seid preve seall ageinst yo"^ seid suppliantz, and ft he for that cause dymysse hem. And yf eny man have cause to compleyne ageinst hem fat fei ft such cause have sue the commune [lawe] ageinst hem, and thei as yo^ most obeisantz lieges in your commune lawe will answere hem w*out delay. And to graunt un to the seid Maier and Citezens of yo'' seid grace yf eny such preve seall or other such your high commaundement ageinst the lawe of this yo"^ seid noble Reaume to hem be directed that for the nonnobeisaunce therof thei be putte in no vexacon hurt trouble ne losse in no manere wise. And this atte hone'' of God and in wey of cheritee. And thei yo' humble lieges w' all her triew entent shall pray evermore to God for your high estate. » Cite io as] originally " Mayer and Citizens considering the grete and huge charges that thei bere yerely to you for the seid Citee and have doen unto your noble progenito's afore this tyme, and howe." ^ And to the end-J altered in MS. as follows : Where for most soveraynge lord please yn Right wiseness that yo"^ said besechers as for yo^ said preve seall be utterly discharged and dismyssed and rueled and demened after the cours of yo'' Comen law and accordyng to yo' Statutes aforesaid yn the wurshup of God and way of Cheryte and they will pray to God for yow. APPENDIX. 1.35 Indorsed: — The supplication unto the Kinge to call yn his com maundement that the mayer shall come to an arbitrament. Asupplycacon tothe Kyng for the callinge of his pry vie seall graunted agaynst the Lawe. XXXVII. Bond from the Bishop and the Dean and Chapter to stand to thk AWARD OF THE CHANCELLOR AND TWO ChIEF JUSTICES. 8 August, 25 Henry VI. a.d. 1447. Noverint universi nos Edmundum Exoniensem Episcopum ac Decanum et Capitulum ecclesie Cathedralis beati Petri Exonie teneri et per presentes " firmiter obligari Majori et communitati civitatis Exonie antedicte in quingentis libris bone et legalis monete Anglie ; solvendis eisdem Majori et Communitati vel successoribus suis aut eorum certo attorn ato in festo Sancti Michaelis Archiangeli proximo futuro post datum presentium. Ad quam quidem solutionem bene et fideliter faciendam obligamus nos et successores nostros per presentes. In cujus rei testimonium tam nos predictus Episcopus sigillum nostrum quam nos predicti Decanus et capitulum sigillum nostrum commune presentibus apposuimus. Datum octavo die Augusti anno regni Regis Henrici sexti vicesimo quinto. Condicio suprascripte obligationis talis est quod si supraobligati Epis copus et successores sui ac Decanus et Capitulum ecclesie cathedralis et successores sui steterint judicio ordinationi et arbitrio Reverendissimi in Christo patris et domini Domini Johannis permissione divina Can tuariensis Archiepiscopi Cancellarii Anglie, Johannis Fortescu Militis Capitalis Justiciarii Domini Regis ad placita coram ipso Rege tenenda, et Ricardi Newton Militis Capitalis Justiciarii Domini Regis de com muni Banco, arbitratorum indifferenter electorum de et super jure titulo et possessione omnium et omnimodorum libertatum franchesiarum privi- legiorum et jurisdictionum cum omnibus et omnimodis eisdem Hbertatibus franchesiis privilegiis et jurisdictionibus aliquo modo pertinentibus ; necnon de et super omnimodis actionibus litibus querelis debatis et demandis inter predictos Episcopum Decanum et Capitulum et prefatos 136 APPENDIX. Majorem et communitatem ac Ballivos Civitatis predicte necnon inter prefatum Episcopum et dictos Majorem Ballivos et Communitatem ac inter prefatos Decanum et Capitulum et predictos Majorem Ballivos et Communitatem habitis metis sive pendentibus ante datum supradictum. Et si duo vel tres predictorum Episcopi Decani et Capituli ut procuratores sive attornati eorundem Episcopi Decani et Capituli ad ministrandum causas et materias de et super premissis personaliter compareant coram prefatis arbitratoribus in quindena Sancti Michaelis Archiangeli proximo futura post datum supradictum, et si iidem Episcopus et successores sui ac Decanus et Capitulum ecclesie cathedralis predicte et successores sui dicta judicium ordinationem et arbitrium ex parte sua bene et fideliter perimpleverint ac omnia in conditione ista specificata fideliter observave- rint, quod extunc predicta obligatio pro nullo habeatur ; alioquin in suo robore permaneat et effectu. Proviso semper quod dicta ordinatio arbi trium et judicium per prefatos arbitratores de et super premissis facienda fiant et reddantur in scriptis indentatis sigillis ipsorum arbitratorum sigillatis et partibus predictis separatim liberatis citra festum Natalis Domini proximo futurum post datum supradictum. Attached are the fragments ofthe seals of the Bishop and the Dean and Chapter. XXXVIII. The Final Agreement between the Bishop, Dean and Chapter, and THE Mayor, Baillifs, and Commonalty. 12 Dec. 27 Henry VI. a.d. 1448. This Endenture made bytwene Edmund Lacy Bysshop of Exceter and the Dene and Chapitre of the Cathedrall Churche of Synt Petyr of Exceter of the one partie, and the Maier and the Comonaltie of the Citie of Exceter of the other partie Witnessith that where dyvers debates contraversies and discordes moved and hadde bytwyne the parties above sayd the same parties the xii. day of the moneth Decembre the xxvii. yere of the raynyg of Kynge Harry the Sixte by mene and mediation of Thomas Courtney Erie of Devonshire and of S'' William Bonvile knight buth agreed and accordyd of all the sayd debatis contraversies and dis cordes yn the forme folwynge : — APPENDIX. 137 Fyrst that where the seide Bysshop hath sued and sueth a writte of trespasse upon his case yn the Kynges Courte before his Justices of the comyn benche ayens the seide Maior and Comonaltee, ther buth plees pleded and a issue joyned bytwyne the seide Bysshop Maier and Como- nalte and theruppon a nisi prius is graunted to be tryed and take at Barnestaple in the shire of Devonshire the Mundaye next after the feste of Synte Lucie the Virgyne next cominge before S"^ Richard Neuton Knight and Nicholas Ayssheton the Kynges Justices or one of them, as it appereth more pleynely of recorde yn the seide Courte ; the seide parties buth accorded that the seide issue shall be ti-yed by there comyn assent for the parte of the seide Bysshop and his entent, and ther uppon jugement to be yeve in the seide Courte for the same parte and intent without any disturbaunce and lettynge of the seide Mayer and Comlnalte or of theire successours. And forthwith the damages yn the seide sute to be recoveryd shall be relessed by the seide Bysshop. Also the seide Bysshop and his successours shall rejoice and have to them'and^theire successours for ever more their lordshipp and fee yn the seide Citee and suburbes of the same called Bysshoppes fee, other wyse called Seynt Stevenes ffee, whereof the seide Cathedrall Church and Churcheyurde of the same buth and have be parcell. And Courte Baroun letes and vewes of frankeplege with yn the seide ffee of al thynges doun and to be doe there w'yn, dystyncte and separate fro the juris diction and libertee of the seide Citee, w*oute any disturbance and lettynge of the seide maier and commonalte and bailyfs and coroners of the seide Citee and theire successours by the commowndment of the seide maier and theire successours. And that the seide maier and commonalte bailes and Coroners of the seide citee and their successours by commawndment of the seide maier and commonalte or theire successours shall make no somnes attachementes distresses arestes nor capies w*yn the seide fee churche and churcheyurde parcell of the seide fee nor none jurisdiction ne interesse there have except certayn hye waies and strete^as hit foloweth hereafter write. Also the seide Bysshop nor none of his successours nor none of theire mynes ters of their Courtes foresaide by commawndement of the seide Bysshop or his successours shall never hereafter by presses or cause ofthe same Courtes to doe somne attache nor areste w'^yn the seide churche or churcheyurde any persone of the seide Citee nor of the suburbes longynge to the juris- 138 APPENDIX. diction of the seide Citee nor any jurisdiction yn the seide churche and chiucheyurde have apon theym, save spry tuel jurisdiction of any thynge doe or to be do w'yn the seide churche or churcheyurde or fee foreseide. Also the seide Maier and Commonaltee Bailyfs and their successours shall have power for ever more to make somnes attachementes and arestes yn the hie wayes and stretes w'oute the olde howndes of the seide churche yurde withyn the seide fee, except the waies and stretes w'yn the seide churche and churcheyurde beinge w'yn the olde bounds of the seide churcheyurde of aile persons theire godes and catelles; except the seide Bysshop Deane and Chapitre and theire successours and aile the mynes- tres of the seide churche and theire successours and theire famyliar ser vantes and of every of theym and aile tenantes of the seide Bysshop and of his successours of the seide fee and theire godes and catelles for evermore. Also the tenauntes of the seide Bysshop and of his successours of the seide fee dwellynge withyn the walles of the seide Citee shall yn resonable maner and yn resonable tyme by resonable wamynge made by the mynesters of the seide Mayer and comminalte and of their successours to the baily of the seide Bysshop and of his successours of the seide fee, in dywe tyme shal keepe theire nyghte wacche of the seide Citee for theire torne w' other citizeins of the seide Citee upon payne of loste of iiii d. to be payd to the seide Maier and Comminaltee at every tyme that they be yn defaute to be made levy of goods and catelles of any of the seide tennauntes founde w'hout the seide fee wt^jn the libertee of the seide Citee w"'oute any lettynge or disturbaunce of tho seide Bysshop Deane and Chapiter and of theire successors. Except the seide Dene and Chapiter and the mynesters of the seide Churche and theire successours. Also the tennauntes of the seide Bysshop and his successours of the seide fee shall paye dymes and kynges silver and other taxes to the kinge at al tymes to be graunted to the kyng and his heires and successours, and murage of the seide Citee resonably w"' the citizeins of the seide Citee. And that the baily of the seide Bysshop and of his successours of the seide fee for the tyme beinge be resonably warned by the mynisters of the seide Maier and Comminaltee and of theire successours for to warne the seide tenaunts to be atte the settynge thereof and to be admytted to have theire voice theretoe as the seide citizeins shall have. And that the APPENDIX. 139 money or taxe so sette apon the saide tenaunts be reryd and levyed by the seide baily of the seide fee and payde to the mynesters of the seide citee assigned by the seide Maier and his successours to resceve hit or to other comyscyoners &c. Also that aile Charters late made and graunted to the seide Bysshop and his successours of any jurisdiction or jurisdictions to be hadde w'''yn the seide churche symytery fee or close of the same by the kinge that nowe is of any action real personall and myxte apon any person or per sons shall be atte the sute of the seide Bysshop or his successors revoked cancelyd and adnulled by fore Easter day nexte eomynge. Also the said Bysshop Deane and Chapter nor none of hir successours by their comaundmente nor^ the seide Mayer and .comminaltee and bailes and coroners by the commowndment of the seide maier and com minaltee nor none of their successours shal never hereafter purchase have occupie nor use any jurisdiction w"'yn the seide fee church and churche yurde by reason of any charter or charters or graunte or any other cause hereafter to be made or hadde by the Kinge his heirs or successours ne by graunte of Parliament ne by cause of anye grauntes byfore this tyme hadde by the Kynge that nowe ys. Also the seide Bysshop Dene and chapiter nor theire successours by theym ne by other shal not lett nor disturbe the seide Maier Bayles and Commonaltee nor theire successours to have and purchace newe charters and grauntes for to have more jurisdiction libertee and frauncheses w"'yn the libertee of the seide Citee oute of the seide fee churche and churche yurd parcell of the same. Also the seide Maier Bailes and their successours and servants for the tyme beynge of the seide Citee aile tyme cominge perpetuall shall bere theire mase and mases -w^^jn the seide Church Cimitery fee and close w"'out lettynge or disturbaunce or contradiction of the seide Bysshop Dene and Chapiter or any of theire successours or any of theire mynesters or officers by the commowndment of the seide Bisshop Dene and Chapiter or their successours. Alway foreseyne that the seide Maier Baylifs and their successours here after never w'hyn the seide fee churche and churchyurde parcell of the same fee clayme use nor have any maner jurisdiction authoritee or power other than is conteyned yn the olde composicions byfore this tyme betwene the seide parties y-made. 140 APPENDIX. Also the seide Maier Baylifs and Comminaltee ne their successours nor none of them shall never sue any commyscyon nor no thinge by auctoritee of parliament nor ne nother graunte for any auctoritee or power to be hadde to make any arestes w"'yn the seide Citee or attachementes or capias or w'liyn any place by the whiche the auctoritee of the justices of peas of the seide shire nowe beynge or tyme to eomynge shall be may be lette or herte. Also if any difficultee beyn any article abovesayde that hit be reformyd after the trewe entent of the same by the avyse of councell of the seide both parties the substance thereof not chaungyd. And yn case that the Councell of the seide parties maye not accorde apon the premisses that then this wrytynge and appuyntementes after the true entent to be kept and fulfylled. In witnesse of all the premisses to the one partie of this endenture remaynynge to the seide Maier and Cominaltee the seide Bysshop Dene and Chapiter have putte theire seles and to the other partie of the same endenture remanynge towarde the seide Bysshop Dene and Chapiter the seide Maier and Comlnalte have sette their common seie. Seal of (l.s.) the Bishop. Seal of (l.s.) the Dean and Chapter. XXXIX. The Bond to perform the Covenants of the foregoing Deed. Noverint universi per presentes nos Edmundum Exoniensem Episco pum ac Decanum et Capitulum ecclesie Cathedralis beati Petri Exonie teneri et firmiter obligari Majori et Communitati civitatis Exonie et eorum successoribus in duobus millibus Ubrarum sterlingorum bone et legahs monete Anglie solvendis eisdem Majori et Communitati vel eorum successoribus ad festum Pasche proximo futurum post datum presen tium. Ad quam quidem solutionem bene et fideliter faciendam obligamus nos et utrumque nostrum per se pro toto et in solidum et successores nostros per presentes. In cujus rei testimonium tam nos predictus Epis copus sigillum nostrum quam nos predicti Decanus et Capitulum sigillum nostrum commune presentibus apposuimus. Datum duodecimo die Decembris anno- regni regis Henrici sexti post conquestum vicesimo septimo. APPENDIX. 141 Conditio istius obligationis talis est quod si supra obligatus episcopus et successores sui ac predicti Decanus et capitulum et successores sui ex parte sua teneant et perimpleant omnia et singula convenciones articulos et appunctuamenta inter ipsos Episcopum Decanum et Capitulum ae prefatos Majorem et Communitatem in quibusdem indenturis inter eosdem Episcopum Decanum et Capitulum ex parte una ac suprascriptos Majorem et Communitatem ex parte altera faetis et contingentibus quod extunc presens obligatio pro nullo habeatur; alioquin in suis robore permaneat et eifectu. XL. Pbtition of Shillingford to the Chancellor for Aid Towards the Repairing of Exbridge. To the most Reverend fader in God John, Cardynall of Engelond and Archebisshop of Yeork. Bysekyth yow full mekely John Shillyngford Maier of the Cite of Excetre yn name of hym self and all the hole Comminalte of the seid Cite as well as of all puple of the grete part of Engelond havyng con- cours and way over the most perillous watter yn tyme of eere y called Exe by a brigge there y called Exbrigge aj oynant to the seid Cite, where of longe tyme and withynne tyme of mynde was nother brigge ne way bot by right a perillous fery bote ; by the whiche fery as hit is seid and like that of olde tyme puple were yn grete perill and meny perisshed and lost. Wherfor oon Walter Gervys, some tyme Maier and Citeseyn of the same Cite, and a notable man of Uode, with other helpe of almes- dede of the seid Cite as well as of the contrey there aboute as of the grete part of Engelond evyng almesdede therto the some of x mt. ti. and more as hit is supposed aud appereth by the werk of the same, toke apon hym to make, and so was made a new brigge, where was none be fore. Whiche brigge is of the lengthe or negh by and of the same mason werk as London brigge housyng apon excepte, and by the seid Maier and Comminalte at theire grete yerly coste kepte susteyned repaired and amended ; the whiche, and new makyng, they may noo lenger endure and bere. Wherfor grete part of the seid brigge by dyvers tymes hath fallen adown and made up ayen with tymber as" now is, and ofte tymes CAMD. SOC. U 142 APPENDIX. with grete waters fallen adown ayen : by the whiche perillous waters and so fallyng adown of the brigge puple have be yn grete perill and meny and dyvers lost and ded, and withoute better remedy meny moe like and all the brigge to falle adown and a fery bote to be as of olde tyme grete perill and charge to aile puple, cause of withdrawyng of repaire of puple and vitaill and moche desolacion of the seid cite. Whiche aile God defende. The whiche brigge openly is knowen the grettest costlew werk and most of almesdede to helpe hit yn all the west part of Engelond and will not be new made and amended withoute helpe of grete almesdede as hit was atte begynnyng of makyng of the same brigge aboveseide. Wherfor bysekyng yow my lord cardynall most specially and yow aile oure worthy maisters execute's to my lord Cardynall of Wynchestre that late died, of whas sowle God have pity and mercy, to considre this bulle and to be begynners of yevers of almesdede to the seid brigge, whiche trustynge to God shall be cause of moche more gode yevyng makyng and repairynge of the said brigge thogh hit coste ij. mt. }i. as hit is like — and that besekyng yow for the love of God yn way of charite and almes dede for the seid sowle of my lorde cardynall aboveseid. XLL Extract from the Mayor's Court Roll, 23 — 24 Henry VI., m. 21, respecting Shillingford's election as Mayor. Nota pro Recorde. Ad hanc diem scilicet diem Lune proximam post festum Sancti Valentini Martyris (18 Feb. 1444—5) anno regni Regis Henrici sexti vicesimo tertio apud Exoniam in Gihaldam ad horam secun dam post meridiem Johannes Shillyngford qui alias hic ¦?£• die Lune prox ima post festum Sancti Michaelis Archiangeli anno regni predicti Domini Regis supradicto in Majorem Civitatis Exonie secundum consuetudinem ¦JC. electus fuit, modo per mandatum Domini Regis de private sigillo suo sub pena mille Ubrarum eidem Johanni eo quod idem Johannes officium Majoratus Civitatis predicte a die electionis predicte usque in hune diem assumere recusavit ea occasione commissum in se benigne modo assumat et cum magna solempnitate juratus est. Et remanet secundum consue tudinem tc- APPENDIX. 143 XLIL Extracts from the Accounts of the Receivers of the City of Exeter relating to the Suit. 22—23 Henry VI. to 27—28 Henry VI. a.d. 1443—1449. Receiver's account, 22—23 Henry VI. Michaelmas 1443 to Michael mas 1444. Hugh Germyn, Mayor. Will. Crymell, Receiver. John Forde, Clerk. Hen. Broke, Attorney. Expensce forinsecce.— Item solutis Willelmo Fox ad equitandum versus Londoniam ad interloquendum cum consilio civitatis pro quadam actione quam decanus et capitulum ecclesia3 Cathedralis Sancti Petri arrainaverunt versus Johannem Cousham pro recognitione inde habenda xiij s. iiij d. Item solutis Johannis Coteler pro vino misso Nicholao Radford pro eadem materia xij d. Item solutis Willelmo Fox equitanti versus London pro quadam litera portanda capitall Justiciario Domini Regis pro diversis negociis civitatis xvj s. viij d. Item solutis Nicholao Radeforde pro pabulo equorum ejusdem Nicholai Mar. 13, die martis post festum Sancti Gregorii Pape existentis apud Exoniam pro 1443-4. materia inter Dominum Episcopum Exoniam et Majorem et communita tem pacifioanda xl d. Item in uno juntaculo date eidem Nicholao et servientibus suis eodem tempore xx d. Item datis clerico ejusdem Nicholai eodem tempore iiij d. Item datis Henrico Trethyn equitanti versus Nicholaum Radeforde pro negociis civitatis cum locacione unius equi viij d. Item datis Johanni Coteler pro labore suo equitanti versus dominum Episcopum Exoniam pro quodam debato inter dominum Epis copum et Majorem et Communitatem pacificando xij d. Receiver's account, 23 — 24 Hen. VI. JSJichaelmas 1444 to Michael mas 1445. John Shillingford, Mayor. John Beaufitz, Receiver. John Forde, Clerk. Hen. Broke, Attorney, 144 APPENDIX. Item in j quarteiio vini de Malmesyn super Majori et sociis ejus xxj Nov. 21, 1444. die Novembris in Gihalda existentibus pro negociis civitatis iiij d." Item in uno quarterio vini de Malmesyn uxori ejusdem Recordatoris eodem tempore iiij d. Item in una lagena vini data Recordatori in crastino Dec. 9, 1444. concepcionis beate Marie viij d. Item soluto pro vino videlicet ij lagenis vini datis Majori Johanni Shillingford et sociis suis existentibus apud Feb. 18, Gihaldam pro negociis civitatis xviij die Februarii xvj d. Item in uno 1444-5. potello vini de Malmesyn misso Majori et sociis suis existentibus in Feb. 21, Gihalda pro negociis civitatis xxj die Februarii viij d. Item in pissibus emptis et missis Nicholao Radford xviij die Februarii iij s. yj d. Item in 1444 ^5^' j P^'^y^'^ W° dictis pissibus inde cariandis j d. Item in uno potello vini de Malmesyn dato uxori Nicholai Radford eodem tempore viij d. Item in ij lagena j quarte et j pynte vini rubei et aibi missis eidem Nicholao eodem tempore xix d. Item in vj panbius canonicis missis eidem Nicholao eodem tempore vj d. Item in vino dato Majori et sociis suis ac Recorda tori eodem tempore in domo Majoris viij d. Item solutis uno homini ad portandum retornum cujusdam brevis versus Londoniam missum Majori et Ballivis Exonie, xx d. In pede., — Postea oneratur de xxs. receptis de Nicholao Druell pro expensis suis versus Londoniam pro negociis civitatis. Et sic debet vj li. XV s. x d. Inde allocatur eidem xxiij s. iiij d. in plenam solucionem omnium expensarum suarum equitando versus Londoniam pro negociis civitatis. Receivtr's account, 24—25 Hen. VI. Michaelmas 1445 to Michael mas 1446. John Hull, Mayor. John Clerke, Receiver. John Forde, Clerk. Hen. Broke, Attorney. Nicholas Radford, Recorder. Nov 8 1445. Dona et exennia. — In primis iu ij lagenis vini missis Willielmo Bone vyll chivaler octavo die Novembris apud Exoniam xvj d. sic pro lagena » This item is erased, MS. APPENDIX. 145 viij d. Item in j lagena et j potello vini missis Majori et sociis suis existentibus in Gilhalda pro negocio civitatis eodem die xij d. Item in focale empto pro eisdem Majore et sociis suis eodem tempore ij d. Item solutis Willielmo Beffe pro bono concilio suo habenda in quodam debato inter Dominum Exoniensem Episcopum et Majorem et communitatem Exon. xxs. Item solutis Nicholao Radford ultra vadium pro bono consiUo suo habendo inter dominum Exoniensem Episcopum et Majorem et communitatem Exon. xiij s. iiij d. Item solutis Nicholao Broghton Vicecomite Devon, pro amicitia sua habenda inter debatum inter Dominum Exoniensem Episcopum et Majorem et communitatem Exon. xx s. Item in solutis Thome Heyt receptori brevium Domini Regis in comitatu Devon, pro amicitia sua habenda pro debato predicto vj s. viij d. Item solutis quinque generosis, videlicet Stephano Gififard, Johanni Gay- leway, Henrico Drwe, Johanni Byry, et Ricardo Forscue pro amicitia sua habenda pro debato predicto, cuilibet eorum vj s.viij d., xxxiij s. iiij d. Item solutis Nicholao Radforde ultra pensionem suam pro consilio suo habendo alia vice pro debato inter Dominum Episcopum et Majorem et Communitatem xiij s. iiij d. Expense forinsece. — Item in uno equo locate pro uno homine equitante Jan. 3, versus Alexandrum Hody pro negotio Civitatis iij die Januarii et in 1445-6. expensis ejusdem hominis medio tempore iij. s. Item in expensis Recep- toris equitantis versus Londoniam ad scrutandum in Scaccario Domini Regis utrum feodum Episcopi sit guldabile cum civitate necne x s. Item dato clericis ejusdem Scaccarii de rewardo pro eodem scrutinio faciendo Feb. 12, xl d. Item soluto Johanni Germyn in crastino cinerum ad reddendum 1^45-6. Johanni Shillyngford pro expensis suis apud London pro negotio civitatis V. marcas. Item soluto Johanni Germyn pro expensis Majoris et soci- orum apud Teverton xlvij s. Item soluto Edwardo Thryng equitanti versus Recordatorem cum copia carte Domini Episcopi xx d. Item in uno equo locate pro clerico equitante versus Recordatorem apud Crediton cum Johanne Shellyngford et Johanne Germyn iiij d. In expensis eorundem adtunc ibidem viij d. Tfi pede. — Et (allocantur) eidem x s. solutis Hugoni Lucays pro expensis suis versus Londoniam et ibidem et domorsum pro negotio civitatis et eidem vj s. viij d. solutos Nicholao Radeford pro consilio suo habendo pro civitate existenti apud Exoniam. 146 APPENDIX. Receiver's account, 25 — 26 Henry VI. Michaelmas 1446 to Michael mas 1447. John Shillingford, Mayor. John Germyn, Receiver. Will. Spen, Clerk. Henry Broke, Attorney. Dona et exhennia. — "Item in vij piscibus vocatis congre missis Domino Cancellario Anglie xvij s. vj d. Item in iiij'^ de Bokhorn missis eidem Cancellario eodem tempore pretii le c, v s. — xx s. Item in iiij" piscibus vocatis Crabbis missis eidem Cancellario eodem tempore ij s. viij d. Item in cariagio eorundem piscium de Exonia versus Londoniam viij s. Item in j gentaculo piscium dato Nicholao Radeford, Willelmo Befe, Johanni Dowryssh et aliis apud Exoniam una vice, communicantibus et laboranti- bus pro materia inter Dominum Episcopum et Majorem et communitatem, Aug. 23, 1447. videlicet in vigilia Sancti Bartholomei Apostoli ij s. iiij d. Item -in piscibus recentibus datis eisdem pro alio jantaculo, communicantibus de Aug. 26, 1447. materia predicta die Sabbati proximo sequente ij s. ij d. Item in ij lagenis vini datis Majori et sociis suis et consilio civitatis die Jovis Mar. 23, proxima ante festum annunciationis beate Marie Virginis ad superviden- 1446-7. dum articulos Domini Episcopi factos erga Majorem et communitatem in Gilhalda ibidem xij d. Item in pane dato eisdem eodem tempore ij d. Item in ij lagenis vini missis Majori et consilio civitatis alia vice in Gil halda laborantibus pro materia inter Dominum Episcopum et Majorem et communitatem xvj d. Expense forinsece. — In primis soluto Ricardo Druell essendo apud Tuverton per ij. dies ad communicandum cum Domino Comite Devonie pro materia inter Dominum Episcopum et Majorem et communitatem ij s. Item in expensis Ricardi Druell et Henrici Trethyne existentium apud Tuverton pro negotio civitatis ij s. Item in locatione ij equorum pro eisdem eodem tempore viij d. Item soluto Ricardo Druell pro expensis Christmas, et labore suo equitanti usque Londoniam in septimana Natalis Domini '• ad communicandum cum Domino Concellario pro materia inter Dominum Episcopum et Majorem et communitatem xl s.'' " Erased — " quia sine warranto." i* This is erased — " quia pro negotio suo proprio virtute brevis de subpena ad sectam Decani et Capituli." APPENDIX. 147 Item in uno jantaculo dato Majori, Johanni Coteler, Willelmo Upton, Johanni Germyn et aliis tempore quo Major reversit de Londonia xviij die Julii vij s. vj d." Item in uno equo locuto pro Johanne Coteler ad July 18, 1447. equitandum versus Nicholaum Radeford ad certificandum ipsum Nicho laum Radeford de labore Majoris apud Londoniam xxd. Item in expensis Majoris, Thome Cook, Johannis Coteler et ahorum civium equi- tantum versus Nicholaum Radeford ad communicandum cum eodem Nicholao de materia civitatis viij d. Item in piscibus recentibus datis eidem Nicholao eodem tempore ij s. vij d. Item in j potello de Malmesyn dato eidem Nicholao eodem tempore viij d. ob. Item in uuo homine cum equo locato pro dictis victualibus cariandis usque mansionem Nicholai Radeford vij d. Item in ij equis locatis pro Johanne Coteler et Johanne Glasyer equitantibus versus Chuddelegh ad communicandum cum Domino Episcopo de materia inter ipsum et Majorem et communitatem xj d. Item soluto Ricardo Druell equitanti usque Tuverton ad communicandum cum Domino Comite pro materia civitatis viij d. Item in pabulo equi sui eodem tempore iij d. Item in uno equo locato pro Johanne Coteler equitante versus mansionem Nicholai Radford pro materia civitatis ix d. Item in vino de Malmesyn et piscibus datis eidem Nicholao xxij d. Item in ij lagenis vini emptis pro Majore et communitate die communicationis in Gilhalda Exonie de materia inter Dominum Episcopum et Majorem et Communitatem xvj d. Item in ij equis locatis pro Johanne Coteler equitante versus Nicholaum Radeford cum j serviente civitatis pro reparacione facienda de articulis civitatis versus Dominum Episcopum XX d. Item in vino de Malmesyn et piscibus datis eidem Nicholao eodem tempore xx d. Item in ij equis locatis pro Johanne Coteler et famulo suo equitantibus versus mansionem Nicholai Radeford ad communicandum cum eo pro materia civitatis et in vino de Malmesyn dato eidem Nicholao eodem tempore xviij d. Item in j equo locato pro Willelmo Hampton ad j^f^g^ No„ 2 equitandum versus Londoniam cum le blak rolle et aliis scripturis cum 1447. argento sibi liberato pro expensis suis versus Londoniam xiij s. iiij d. Item soluto Johanni Harry pro scriptura j rotuli de croniculis xij d. * Erased. 148 APPENDIX. Receiver's account, 26 — 27 Henry VI. Michaelmas 1447 to Michael mas 1448. John Shillingford, Mayor. John Germyn, Receiver. William Speer, Clerk. Henry Brok, Attorney. Dona et exennia. — In primis in piscibus datis Johanni Copleston, Nicholao Radford et aliis tempore tractatus materie inter Majorem et communitatem et Dominum Episcopum xviij d. Item in cuniculis datis eisdem eodem tempore vj d. Item in ij plovers et j partriche datis eisdem eodem tempore v d. Item in vino ij s. ij d. Item dato Nicholao Rade forde de rewardo eodem tempore xx s. Item dato clerico suo xx d. Item dato Thome Dourisshe eodem tempore de rewardo 'vj s. viij d. Item in uno fardello de Bukhorn dato Domino Cancellario Anglie in festo Jan 25 conversionis Sancti Pauli xx s. Item in cariagio ejusdem v s. Item 1447-8. dato Johanni Goff servient! Johannis Fortescu Chivaler eodem tempore xl d. Item dato clerico suo iiij d. Item in vino dato consilio civitatis eodem tempore [tempore Assisarum apud Exoniam tempore Quadra gesime] laboranti circa negotium civitatis x s." Item in vino dato con silio civitatis et Domini Episcopi in domo capitular! ix s. ij d. Item in vino de Malmesyn dato Nicholao Radeforde alia vice iiij d. Item in vino dato Willelmo Beffe et in pabulis equorum suorum apud Exoniam existentium tempore communicationis materie inter Dominum Episcopum et Majorefn et communitatem viij s. vij d. Item in pane canonico, vino et piscibus datis Nicholao in domo sua alia vice ij s. vij d. Item in vino de Malmesyn dato Nicholao Radeforde alia vice xij d. Item dato June 24, 1448. Johanni Husset in festo Nativitatis Sancti Johannis Baptiste laboranti circa negotium civitatis ex precepto Majoris xld."" Item in pane dato pro uno juntaculo Vicecomiti Devonie xij d. Item in vj lagenis servisie xij d. Item in v lagenis vini iij s. iiij d. Item in carne boum, multonum et porcorum ij s. Item in una auca empta v d. Item in iij caponibus ij s. Item in una aucta ij d. Item in uno porcello vj d. Item in viij * This last item is erased. '' This entrv is erased! APPENDIX. 149 castrumago {sic) alias vocatis wodecokhys vij d. Item in iij perdicibus alias vocatis partrichis vij d. ob. Item in v volucribus v d. Item in speciebus emptis viij d. Item in argento dato coco de rewardo vj d. Item dato administralhs domini Ducis Suffelchie vj s. viij d. Item dato administrallis domini Ducis Bukingham viij d.* Item in piscibus de sturgeon datis Justiciariis tempore assisarum iiij s. Item in makerellis ¦vj d. Item in piscibus de conger iij s. iiij d. Item in lampreys xvj d. Item in anguillis iij s. iiij d. Item in uno turbet iij s. Item in vj coners •» xiiij d. Item in makerellis xiij d. Item in makerellis iij s. ij d. Item in haddokkys xx d. Item in o. walkys iij d. Item in j pecia de graunt conger ix d, Item in gumardis xvij d. Item in piscibus datis hominibus de consilio tempore tractatus materie predicte apud Exoniam iij s. vij d.'= Item dato Johanni Husset ad equitandum pro Willelmo Beef ex precepto Majoris 'vij d. Item in piscibus datis Johanni Copleston, Nicholao Radeforde et aliis tempore tractatus communis materie predicte apud. Exoniam alia vice ij s. iij d. Item in piscibus de Milwell et lenge emptis pro eisdem eodem tempore xij d. Item in piscibus de lenge emptis pro eisdem eodem tempore vj d. Item in argento dato Thome Dowrisshe apud Londoniam de rewardo vj s. viij d. Item dato servienti Majoris pro cariagio harnesie usque Londoniam iij s. iiij d. Item in locatione batellorum pro Majore et hominibus de consilio per diversas vices apud Londoniam vij d. Item in uno pane et piris datis Alexandre Hody, Thome Dourisshe et aliis v d. Item dato Theme Jenkyn de rewardo pro scriptura articulerum &c. per diversas vices vj d. Item date Willelmo Nayller pre scrutineo facto in Cancellario xxd. Item soluto Thome Yonge de rewardo vj s. viij d. Item in pane, vine et piris datis Johanni Vampage, Alexandre Hody et aliis de consilio civitatis xv di ob. Item in una cena data Thome Dowrissh, Alexandre Hody, Henry Brok et aliis xix d. Item in alia cena data eisdem alia vice ad supervidendum et cor rigendum articulos etc. xiiij d. Item in ij prandiis et ij jantacuUs datis Thome Jenkyn viij d. Item in vino et piris datis Alexandre Hody apud " Bel taverne " ix d. Item in argento dato Ricarde Neell et Theme Dourisshe de rewardo vj s. viij d. Item in vine dato eisdem v d. Item ¦ These two last entries are erased here, but eleven pence of the amount is allowed in the foot of the account. l" Congers (?) ° Erased. CAMD. SOC. X 150 APPENDIX. in argento dato clerico Ricardi Neell viij d. Item in vino piris et bere datis Ricardo Neell, Johanni Bluet,- et Thome Dourisshe xij d. Item in vino dato Thome Dourisshe et Ricardo Livermore ij d. Item in caleptra data Johanni Vampage xx d. Item dato Thome Douryssh de rewardo in Gylhalda civitatis ex consensu Majoris et seciorum suorum xxvj s. viij d. "Item in iiij" de Beckeherne emptis pro Domino Cancellario Anglie in Aug. 1, 1447. festo Ad vincula Sancti Petri anno xxvj" Regis nunc xvj s. Item in cariagio ejusdem usque Londoniam viij d. Item in una lagena vini missa uno generose Ducis Suffolchie viij d. Item in una lagena 'vini data Domino de Lacy viij d.* Item in iij lagenis vini Magistro Henrico Webber ij s. Item in iij lagenis vini missis Thome Courtenay chivaler ij s. Item in j lagena vini data Johanni Trevilian viij d. Item in une potello vini dato Nicholao Radeforde iiij d. Item in xv lagenis et j quarterio et dimidio vini missis Baroni de Scaccario x s. iij d. sic pro lagena viij d. Item in x lagenis vini missis Justiciario Domini Regis Aug. 1, 1448. ad assisas tempore assisarum in festo ad vincula Sancti Petri v s. Item in j quarterio vini misso eidem Baroni eedem tempore ij d. Expense forinsece. — Item in pabulis equorum Thome Cook equitantis usque Chuddelegh, Tyverton et Kyrton ad communicandum cum Domino Episcopo et Comite Devonie de materia civitatis iij s. Item in expensis Ricardi Druell equitantis versus Tyverton ad communicandum cum March 28, Domino Comite Devonie pro materia civitatis xxviij die Martii et in ^^^^- pabulis equorum suorum xxiij d. Item soluto eidem Ricardo ad equitan dum versus Criditon ad communicandum cum Domine Episcopo vj d. Item in expensis ejusdem Ricardi equitantis versus Tyverton ad communican- April 10, 1448. dum cum Domino Comite Devonie pro materia civitatis x die Aprilis xij d. Item in expensis Johannis Germyn, Johannis Avyle, Johannis Beaufitz, et Andree Thrynge equitantium versus Shute ad communican dum cum Willelmo Bonevyll milite pre materia civitatis v s. vj d. Item in ij equis locatis per duas vices pro Ricardo Druell et Henrico Dobyn equitantibus versus Tyverton et in eorum expensis per idem tempus xx d. Item in expensis Johannis Hulle, Johannis Cutler, et Ricardi Druell equitantium versus Radeway ad communicandum cum Domino Episcopo de materia civitatis iiij s. xd. Item in expensis Ricardi Druell et » Erased, MS. APPENDIX. 151 Henrici Dobyn equitantium versus Tyverton pre materia civitatis et in pabulis equorum suorum iij s. v d. Item in duobus equis locatis pre eisdem Ricardo et Henrico equitantibus versus Tyverton pro materia predicta ij s. j d. eb. Item in expensis Ricardi Druell equitantis versus Tyverton cum una littera de materia civitatis ij s. vij d. Item in uno equo locato pro clerico equitante versus recordatorem pro una littera de materia civitatis vd. Item in expensis Hugonis Germyn, Johannis Coteler et aliorum equitantium versus Recordatorem pro materia civitatis cum vino date eidem Recordatori eodem tempore iij s. x d. Item in expensis Johannis Glasyer equitantis versus London pro negotiis civi tatis X s. Item in locatione unius equi equitandi usque Kyrton et Tyverton ad communicandum cnm Domino Comite pro materia civitatis ij s. V d. Item soluto Ricardo Druell pre pabulis equi sui existentis in stabulo per dues dies parati ad equitandum versus Exon. pro materia civitatis videhcet ad communicandum cum Domino Cancellario xiij d. Item in expensis Ricardi Druell equitantis versus Tuverton cum lanceis et in pabulis equi sui eedem tempore ij s. vij d. Item in expensis Ricardi Druell per ij dies apud Tuverton ad communicandum cum Domino Comite Devonie pro negotio civitatis ij s. Item in expensis Ricardi Druell et Henrici Trethyne apud Tuverton pro negotio civitatis ij s. viij d. Item in locatione ij equorum pro eisdem eedem tempore viij d. Item in cariagio togarum Majoris et civium Exonie usque Londoniam iij s. iiij d. Item in expensis Majoris clerici et servientum Curie apud Tuverton xiij d. Item in argento tradito Eicardo Druell et Henrico Dobyn equi tantium usque Londoniam pro negotio civitatis xviij s. videlicet xxv° die June 25, 1448. Junii. Item dato eidem Ricardo de rewardo pre magno labore suo circa negotio civitatis ex precepto Majoris xl s.* Item in expensis Receptoris equitantis usque Londoniam per ij vices tempore Johannis Hulle Majoris videlicet de termino Trlnitatis xij s. x d.'' Item in expensis receptoris Trinity, 1446. equitantis versus Londoniam alia vice pro negotio civitatis vj s. ij d. Item in expensis receptoris equitantis versus Londoniam alia vice pro negotio civitatis xj s. x d. Item in expensis ejusdem receptoris equitantis versus Londoniam alia vice videlicet termino Pasche et termino Sancte Trlnitatis tempore Johannis Shillyngforde Majoris ix s. iij d. Item in " These two last entries are erased. ' Erased. 152 APPENDIX. expensis ejusdem Receptoris equitantis usque Londoniam per ij vices Easter, 1447-8. videlicet pro negotio civitatis videlicet termino Pasche et termino Trini- tatis xxvs. xd. Item in uno jantaculo dato Johanni Bluet, Johanni Vampage, Theme Yong, et Thome Dowrissh in camera Johannis Vam page apud Londoniam vij s. Item [in] expensis Willelmi Bonevyll et servientum suorum tempore tractatus pacis de debate inter Dominum Episcopum et Majorem et Communitatem existentium apud Exoniam una vice Ixxyj s. Item in expensis Philippi Courtenay et servientum suorum hic apud Exoniam existentium pro materia predicta xxxj s. j d. Item in expensis servientum suorum iiij d. Item in piscibus emptis missis ad Criditon tempore tractatus materie ibidem cum Domino Epis copo vj d. Item in piscibus missis Nicholao Radeford viij d. Item in piscibus missis eidem Nicholao iiij d. Item soluto Ricardo Neell de rewardo iij s. iiij d. Item solute Nicholao Radeforde pro consilio suo habendo circa negotium civitatis ad Sessionem pacis pest festum Epi- Jan. 6, 1447-8. phanie Domini xxvj s. viij d. Item date Thome Dourisshe junior! eedem tempore x s. Item soluto Nicholao Radeforde pre labore suo die amoris Domino Comite Devonie ibidem existente xiij s. iiij d. Item dato Willelmo Beef eodem tempore xx s. Item dato Thome Domisshe eodem tempore vj s. viij d. Receiver's account, 27—28 Henry VI. Michaelmas 1448 to Michael mas 1449. John Coteler, Mayor. William Tuke, Receiver. William Speere, Clerk. Henry Brok, Attorney. Dona et exennia. — Item in una lagena vini missa Majori, Theme Cooke, Recordatori et aliis in demo "Bfeome Cooke tempore communicationis materie in debato inter Dominum Episcopum et Majorem et communi tatem viij d. Item soluto Ricardo Levermore pre magno debate inter Dominum Episcopum et Majorem et communitatem, videlicet pro labore sue de rewardo xiij s. iiij d. Item solute Johanni Hoppynge pre labore suo circa eodem materiam ut de rewardo xx d. Item in iij lagenis vini missis Domine de Bonevyle apud Exoniam x die Novembris ij s. Item APPENDIX. 153 in j quarte de Malmesyn date eidem Domine eedem tempore iiij d. Item dato eidem Domine de rewardo pre magno labore sue in materia inter Dominum Episcopum et Majorem et communitatem videlicet pro expensis suis Iv s. vij d. ob. Item dato servientibus ejusdem Domini de Bonevyle adtunc de rewardo per preceptum Majoris et socierum suorum xlvj s. viij d. Item in j summagio piscis date eidem domino eodem tempore per pre ceptum Majoris et socierum suorum iij s. xd. Item date Recordatori de rewardo pro labore suo [in] debato inter dominum Episcopum et Majorem et cominunitatem Exonie xls. Item dato Willelmo Beeff de rewardo eedem tempore per preceptum Majoris et socierum suorum xx s. Item in coners * emptis de Thoma Power, iij pleyeis emptis de Thoma Kyng ffyssher, in mulwel emptis, in tubdure et turbet emptis de Willelmo Fysshe, in konger, turbet et breyme emptis de Rogero Fyssher, et walkys emptis datis domino de Bonevyle pro magno labore suo in debato inter Dominum Episcopum et Majorem et communitatem ex assensu Majoris et socierum suorum iiij die Aprilis viij s. x d. Item April, 1449. in cariagio eorundem piscium xviij d. Item in j lagena et j pynte de Malmesyn datis recordatori xviij d. Item in romenay vij d. Item in romenay vij d. ob. missis eidem recordatori. Item in piscibus datis eidem recordatori xv die Marcii xx d. Item in iij quarles de Mal mesyn datis Domino Episcopo xxvij die Martii per preceptum Majoris et socierum suorum xij d. Item in iij quartes de romenay datis eidem Episcopo eedem tempore ix d. Item in iij quartes vini bastard eodem tempore datis eidem Episcopo xij d. Item in j lagena vini rubei data eidem Episcopo adtunc vj d. Item in pabulis equorum Domini de Bone vyll apud Exon. apud la Belle tempore quo tractavit pro materia inter Dominum Episcopum et Majorem et communitatem xxxvij s. iiij d. Expense forinsece. — In primis in expensis faetis apud Chuddelegh per Johannem Coteler, Majorem Civitatis Exonie, Johannem Kelly, Willel- mum Duke, et servientes Curie tempore quo communicaverunt cum Domine Episcopo pro materia in debato inter Dominum Episcopum et Majorem et communitatem, videlicet in pabulis equorum suorum iiij d. eb. Item in expensis faetis per Johannem Coteler Majorem, Johannem Hulle, Thomam Cooke, Willelmum Crymell, et Thomam Evelton pro materia predicta alia vice apud Chudlegh ij s. iiij d. Item soluto Henrico Dobyn » Congers. 154 APPENDIX. equitanti usque Londoniam tertio die Octobris cum copia placiti inter " ' ' ' Johannem Nette clericum et Majorem et communitatem xiij s. iiij d. Item soluto Johanni Shillyngford pro copia placiti predicti habenda iij s. viij d. In pede. — Et [allocantur] eidem xxvj s. viij d. soluti Theme Dourissh existenti ad parliamentum Domini Regis pro civitate Exonie. Et eidem xxvj s. viij d. Johanni Tyler existenti ad parliamentum predictum pre civitate predicta. Inde allocantur eidem xl s. soluti Magistro Hugeni Payn pre magno labore suo [in] tractatu cum Domino Episcopo pro materia in debato inter eundem Episcopum et Majorem et Communita- cem dicte civitatis. Item allocantur eidem vj s. ¦viij d. dati servienti ejusdem Magistri Hugonis eodem tempore. the end. INDEX. Afild (or Afylde,) John, 61, 62 ; see Avyle. Affrays in Exeter, between the ecclesias tics and citizens, 78, 90, 94, 128, 130 Aleyn, John, 125 Ancient demesne (of the Crown), 10, 76, 95, 96, 114, 115,117,122, 123 Answers (by the parties to the suit), 2, 3, 16, 17, 18, 19,46, 75 el seq. Arrests, dispute touching, 10, 11,20, 66, 91, 94, 137, 138, 140 Articles of complaint, the City's, 2, 3, 12, 13, 16, 27, 28, 44, 46, 54, 55, 56, 57, 58, 69, 75 et sect. the Bishop's, 125 Articles of proof, the Bishop's, 114 j the City's answers, 116 et seq, the City's, 125 Assessors, 130 ;«eel)yme Assize of bread, ale, and wine, &c. 91, 104, 105, 115, 120, 123, 128 Assizes at Exeter, 44, 50, 70, 148, 149, 150 Athelstan, King, 76 Attewode, Richard, 97 ; see Wode. Avyle, John, 150 ;«ee Afild. Ayssheton, Nicholas, Justice (of the Com- • mon Pleas), 12, 137 Bailiffs, the City, 75 etseq. the Bishop's, 11, 138 Bakehouse, a house called the, 83 Barnstable, Devon, 137 Barton, John, felon, 83, 99 Beaufitz, John, Receiver, 143, 150 Beaufitz's Tavern, 104, 113 Beef, (Beffe or Befe), Wiliam, counsel for the City, 23, 26,46, 145, 146, 148, 149, 152, 163 Bell Tavern, Exeter, 149, 153 Berton j see Barton. Bevys's Tavern ; see Beaufitz's Tavern. Bishop, the, Edmund, 1, 39, 43, 46, 47, 48,49,50, 51, 52, 54, 56, 147, 150, 152, 153, 154 ; see Lacy a letter written Jjyihe Lord Chan cellor to, 15, 50, 61 letter from Shillingford to, (draft) 26 instructions to Shillingford's de puty sent to, 29, 31 a letter written by command of, 33 letter from the Archbishop of Canterbury to, 41, 42 writes to the King, 65 his Articles of Proof, 11 4 e( seq. ministers of, 79 OfScers of, 82, 83, 84, 91 ¦ tenants of, 13; 44, 52, 53, 79, 80, 81, 92, 98, 107, 108, 115, 116, 117, 121, 123, 124, 130, 138 Bishop, Dean, and Chapter, their disputes with the Mayor and Commonalty, pas sim ; their complaints, 12 ; their bond to stand to the award of the Lord Chan ceUor, 135; their agreement with the Mayor and Commonalty, 1 36 ; their bond to perform the covenants therein, 140 Bishop's Court, the, 20, 91, 101, 115 Bishop's Fee, (or St. Stephen's Fee), ques tions relating to the, 10, 11, 12, 20, 27, 52, 60, 96,98,99, 106, 107, Hi et seq. 129, 137, 145 Bishop's garden, the tower on the, 13, 15, 87 ; the Bishop's prison therein, 16 Bishop's Palace, the, 83, 87, 91,95,96, 99, 106, 118 Bishop's prison, the, 83 Bishop's Rent, the, in Bolehil Street, 85, 100 CAMD. SOC. 156 INDEX. Black Monks of the Order of St. Benet, 76 Black Roll, the, 8, 17, 147 Bluet, 7, 12 John, 150, 152 Bokynham, Sir Robert, 90 Bolehil Street, a purpresture in, 85 Bonds, 22, 24, 27, 71 BoneviU, Sir William, 35, 70, 144, 150, 52 bis, 153 — petition to, 71 mediator between the City and the Bishop, 136 Boson, Robert, Chancellor of St. Peter's, Exeter, III Broghton, — , 53 Nicholas, Sheriff of Devon, 145 Brok (or Broke), Henry, attorney, 38, 62, 64, 143, 144, 146, 148, 149, 152 Buck-hern, (a kind of flsh ?) 22, 23 presented to the Lord Chancellor, 36, 146, 148, l.-iO Buckingham, Duke of, 7, 9 his " administralli," 149 Byconyll, 'William, LL.D. 133 Byry, John, 145 Calston' s fair, 5 Canons of Exeter, 56, 57, 66, 76, 90, 103 ; their mansions, 89, 92, 94, 103 Canterbury, 63, 64 Canterbury, Archbishop of, John, Lord Chancellor, I, 33, 47, 114, 135 i letter of the, to the Bishop of Exeter, 41 -; see Chancellor. Carter, Pyers, 83 Cathedral Church, the, (of Exeter), 9, 27, 28, 37, 83,94,95, 96, 100, 114,116, 117, 119, 122, 129, 130, 137, 138, 139 " pollutions" of, 78, 131 ; account of an affray in it, 78 alleged attempt by the City to burn, 87, 102 : St. Peter's. CecU, Sir Wilham, 8 (note) Cemetery, the, 9, 20, 27, 28, 37, 58, 66, 76, 78, 84, 86, 93, 94 95, 96, 99, 101, 106, 114, 116, 117, 119, 121, 122, 129, 130,139 Chalvedon, Andrew, 85 Chancellor, the Lord, 6, 7, 9, II, 12, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, 27. 29,30, 31, 32, 33,43,45,46,47,48, 49, 54, 57, 58, 59, 60, 61, 62, 63, 66, 67, 70, 82, 94, 112, 113, 124. 132, 133, 134, 135, 146, 149, 150, 151 petitions to, 1, 39, 69, 141 ' letter from, to the Lord Chief Justice, 42 letter to, from Shillingford, 50 ; see Canterbury, Archbishop of; York, Cardinal Archbishop of. Chanons Strete, 100 Chapter House, the, 12, 27, 49, 101 Charter, a new, obtained by the Bishop, 57, 82, 91, 145 to be cancelled, 139 Charters, 14, 20, 133 ¦ copies of, 17 the City's, 115, 124 Chief Justice, the Lord, 6,7, 9,13, 18, 19, 20, 22, 23, 24, 37, 61, 143 ; see Fortescu. Chief Justice, the Second, 38 Chief Justice of the Common Pleas, Sir Ric. Newton, 50, 68 Chief Justices, the two, 1, 11,12,31,33, 37, 40, 41, 62, 63, 66, 68, 70, 112, 133, 135 ' petition to, 69 Chronicles, 76 Chudleigh, 31, 32, 133 (note) 147, 150, 153 letter dated at, 35 Churchyard, the, 100, 137, 138, 139 Churton Fitz-Payn, church of, 83 Clerke, John, Receiver, 144 CUst, 30 Cloister, a place called the Praiell in the, 86 unlawful games in the, 101 a Library in the, 101 — — — common way through the, 1 10 Collis, 'Walter, precentor, 133; Common Pleas, Justices of, 137; see Chief Justice. Commonalty, the, 4, 6, 47 ; see Mayor and Commonalty, Compositions (between the Bishop and the City), 86, 87 Cook, Thomas, 4, 5, 32, 39,48, 147, 150, 152, 153 Copleston, Sir John, 28, 34, 37, 44, 45, 46 47, 50, 51, 59, 70, 71, 148, 149 INDEX. 157 Cornwall, Archdeacon of, his mansion in Exeter, 84, 87, 89 Earl of ; see Richard. Coroners, hindered from performing their office by the Bishop's officers, 13, 83, 99, 121,-139 Coteler, John, 4, 5, 30, 45, 52, 59, 143, 147, 151 Shillingford's lieutenant in the office of Mayor, 23, 39 Mayor, 79, 81, 98, 107, 108, 109, 152, 153 Counsel, 4, 9, 12, 18, 22, 34, 36, 38, 46, 47, 61, 52, 56, 62, 66, 67, 68, 82, 94, 140, 148, 149 letter from Shillingford to one of the Bishop's, 24 Court Baron, enjoyed hy the Bishop, 10, 11, 91, 104, 123,137; see Bishop's Court. Court Christian, the Bishop's, 91, 104 Courtenay, Sir Philip, 70, 152 petition to, 7 1 Sir Thomas, 150 Courteys, the Friar, 32 Cousham, John, 143 Crediton, 145, 150, 152 CrymeU, William, Receiver, 143, !53 Customs of Exeter, a roll of the, called the Black Roll, 8 Cutler, John, 150 ; see Coteler. Dean, the, 46 and Chapter, 78, 84, etseq. ; see Bishop, Dean, and Chapter. Deme ; see Dyme. Denys-place, 19 Devonshire, Earl of, Thomas Courtenay, 51, 66, 146, 147, 150, 151, 152 petition to, 71 mediator between the City and the Bishop, 136 county of, 96, 97, 99, 107, 126 •sheriffs of, 115, 117, 122, 124, 145, 148 Dohyn, Henry or Harry, 5, 35, 36, 150, 151, 153 Domesday Book (" Domus Dey," " Do mysdey") 10, 17, 28,9.5, 106,114, 116, 117, 118, 119 Dowrish, (Dowrishe, Douryssh, &c.), Tho mas, 3, 6, 7, 12, 19, 20, 22, 46, 60, 61, 62, 63, 64, 148, 149, 150, 152, 154 Dowrish, Thomas, letter to, 25 John, 146 Thomas, junior, 152 Druell, John, 55, 57 Archdeacon of Exeter, 111, 133 Druell, Nicholas, 144 Druell, Richard, 4, 5, 8, 36, 39, 45, 46, 146, 147, 150, 151 instructions to, 42 et seq. 51 steward of the City of Exeter, 78 Drwe, Henry, 145 Duke, William, 66, 153 Dyme (or Deme"! — qu. dedma or King's tenth?— 13, 79,80, 81,98, 107, 121, 138 Eastgate, the suburbs without the, 10, 20 Edward, Saint, and Edith his Queen, 95, 96, 105, 106, 118 Edward, King, 13, 118 the First, 84, 121 the Third, 96, 108, 116, 124, 127 Evelton, Thomas, 153 " Evyll yn S "83 Exchequer, the King's, 115, 145 a Baron of the, 1 50 Exchequer Chamber, the, 18; see West minster Exe-bridge, 53 Shillingford's petition for aid to wards the repair of, 141 Exeter, City of, 3, 5, 6, 34, 36, 44, 46, 52, 61,67 the close of, 64 " Blak Freris" at, 66 letters dated at, 25, 26, 29 Archdeacon of, his mansion and gardens there, 87, 111 — ; see Mayor and Commonalty ; Bai liffs; &c. Exmouth, the " matter" of, 67 ; the port of, 92 " Eyris," copy of, 17 ¦Pagot, John, 5 Fairs, 93 Fee-farm ofthe City, 79, 89, 92, 93, 95 96, 106, 115, 116, 119, 120, 121, 122, 133 " Fellowship," the, 5, 11, 47, 48, 51 Filham, Master William, Canon of Exeter, 89 158 INDEX. Fish, a present of, to the Lord Chancellor, 9, 146 Fishmarket, the, 84 Fish Street, 84, 89, 99 Fleshfold Gate, a lane near the, 23 Forde, John, clerk, 143, 144 "''orest, — , 53 Forscue, Richard, 145 Fortescu, Sir John, Chief Justice, 18, 62, 68, 135, 148; see Chief Justice. Fox, WiUiam, 143 Freeholders, 100, 109 Freren Lane, 87, 89, 113 Friars, of Exeter, 103, 113 Fyle, John, Goldsmith, 53 Fysshe, William, 153 Fyssher, Roger, 153 Games, unlawful, 101 Gayleway, John, 145 Germyn, Hugh, Mayor, 143, 150 Germyn, John, 5, 12, 16, 17, 19, 23, 39, 52, 145, 147, 150 Receiver, 146, 148 Gervys, Walter, formerly Mayor of Exeter, 141 Giffard, Stephen, 145 Glasier, the, 53 Glasyer, John, 78, 147, 151 Goff, John, servant of Sir John Fortescu, 148 Gogh, Sir Thomas, 19, 53 GorewyU, Master John, Canon of Exeter, 89 GuUdhaU, Exeter, 53, 77, 78, 79, 97, 98, 107, 144, 145, 146, 147, 150 Gyfford, William, 64 " Habit," men of, 10, 11, 66 Hampton, WiUiam, 5, 17, 53, 64, 147 Harold's Fee, (or St. Nicholas's Fee), 10 Harry, John, 147 Helyer, Harry, 94 Hendlston, "WiUiam, 34 (same as Heng ston). Hengston (or Hengeston), Williara, 12, 13, 14, 15, 19, 25, 26, 28, 46; 58, 59, 67 Henry I., King, and Maude his wife, 96, 119, 123 Henry IU., King, 96, U5, 120, 122, 123, 124 Herte, Walter, the Bishop's bailiff, 84, 98, 99, 107, 108 Heyt, Thomas, receiver of the King's writs in co. Devon, 145 High Street, Exeter, affray in, 78 purprestures in, 85, 100 Hody, Alexander, 3, 12, 14, 46, 145, 149 Hoppynge, John, 152 Howdon, John, 94 Hulle, John, of Exeter, merchant, 38, 39, 45, 150, 153 Mayor, 130, 144, 151 Husset, John, 53, 148, 149 Huxhill, , 53 Irish " skenes," 78 Jenkyn, Thomas, 149 John, Sir John, 78, 83 Justices, the, 11, 62, 64; see Chief Jus tices. at Exeter, 44,45, 52, 149, 150 ; see Newton, Sir Richard ; Aysshe ton, Nicholas. Justices in Eyre at Exeter, 120, 124, 126, 127 Kelly, John, 153 Kelyer, Sir Edward, Canon of Exeter, 89 " Kent is Warde," 12, 19 Keys, Roger, Canon, 113 ; see Kys. King, the, (Henry VL) 7, 27, 31, 32, 38, 40, 43, 51, 53, 57, 58, 60, 62, 63, 65, 68, 69, 70, 72, 76, 84, 95 (note), 109, 125 suit of the Bishop to, 2 petition of the City to, 133 King's silver, 138 Kyng, Thomas, fisher [man], 153 Kyrton, (a place,) 51, 150, 151 Kyrton, , 17 Kys, Master (or Sir) Roger, Canon, 12, 15, 19, 24, 45 ; see Keys. Lacy, Edmund, Bishop of Exeter, 136 his register, 133 (note). Dominus de, 150 Lambeth, 6, 7, 9, 12, 18, 37, 43, 62, 66, 68 letter dated at, 41, 42 Leet, a, claimed hy the Bishop, 115, 123, 137 Leofrik, first Bishop of Exeter, 95, 105, 106 INDEX. 159 Letters patents to the City, 129, 131 Lieutenant (the Mayor's?) 4; see Coteler, John. Livermore (or Levermore), Richard, 150, 152 London, 3, 5, 12, 18, 23, 25, 27, 32, 51, 55, 56, 61, 65,6 6, 67, 143 et seq. liberties and franchises of the City of, 123, 127 [Lord] Mayor of, 1 1 the " Cloyster at Paulys," 36 the house of " Crichurch" at, 96, 119 letters dated at, 4, 8, 17, 18, 22, 35,38 London Bridge, 141 Lords, the, 21, 22, 60, (qy. the Lord Chancellor and Chief Justices?) Luccays, (or Lucas), Hugh, a tenant of the Bishop's, 19, 78, 97, 107, 145 Mace, the, 53, 78 Magna Charta, 134 Malmsey wine, 144, 147, 148, 153 Martyn, Sir Richard, 90 May, Robert, and his wife, 53 Mayer, Thomas, 53 Magnour, Thomas, attorney and proc tor for the Bishop, 133 Mayor, the, 10,33, 43-49, et passim; see Shillingford. officers of the, 44 Mayor and Commonalty, their disputes with the Bishop, Dean, and Chapter, passim. complaints ofthe, 12 " buUs of supplications" by the, 25, 26, 28 . petitions ofthe, 1, 69, 71, 133 their final agreement with the Bishop, Dean, and Chapter, 136-40 Mayors of Exeter, sworn upon the " Black Roll," 8 Mayor's Court Roll, extract from a, 442 MUweU, fish of, 149 Montagew, Thomas, 16, 17 Montegu, 125 Morchard, church of, 83 More, John, attorney and proctor for the Bishop, 12, 19, 46, 133 Morton, Sir John, Canon of Exeter, 92 Moyll, , 62 Murage, 138 Nayller, William, 149 Neell, Richard, 149, 150, 152 New Inn, the, 85 (note). Newton, Sir Richard, Chief Justice of the Common Pleas, 60, 68, 70, 135, 137 Nightwalkers, 90, 103, 104, 113 Night-watch, the, 138 Noble, WiUiam, 4 Notte, John, clerk, 39, 53, 154 Orcharde, , 19 Osbert, second Bishop of Exeter, 1!7, 118 Panton, (or Pauton,) John, a minister of St. Peter's, Exeter, 78, 90, 97, 131 Parliament, 55 Payn, Master Hugh, 154 Pencrygge, Mayor of, 52 Penholtkeyre, the ancient name of Exeter, 75 Pleas of the Crown, 91 Pleas " de vetito namio," &c. 120, 128 Pope, Walter, 5, 39 Power, Thomas, 153 Prewe, Richard, 53 Privy Seal, letters under the, 2, 63 petition of the City for their with drawal, 133, 134 Privy Seal, [the Lord] , 7 Purprestures, hy the Bishop, 85, 100, 109 Radford (or Radeford), Nicholas, 14, 15, 26, 28, 37, 46, 50, 51, 69, 61, 62, 63, 70, 71, 143-152 his wife, 61, 64, 144 Recorder, 144 Radwey, (or Radeway,) 52, 150 Rawly, Boger, 3 Receiver, the, 151, 152 Receivers' Accounts of the City of Exeter, 143-154 Recorder, the, 4, 17, 30, 62, 63, 144, 145, 151, 152, 1,'J3 —s letter to the, 33 Records, old, 14, 20, 122 Ree, Richard, and his minstrel, 53 Rejoinders, 2, 75 etseq. Replications, 18, 19, 75 etseq. Richard, King of Almayn, 96, 115, 116 Earl of Cornwall, 120 Rioters, 90, 94 160 INDEX. Eoof, Salamon, Justice in Eyre, 126, 127 Rowe, John, Suh-deacon, 133 St. Benet, monks of the Order of, 106; see Black Monks. St. Martin's Gate, 84 St. Martin's Street, 100 St. Nicholas's Fee, called Harold's Fee, 10 St. Paul's Church, London, 11, 63 St. Peter's, Exeter, 19, 20, 46, 49, 99; see Cathedral. the close of, 84, 99, 100, 104, 121, 122, 139 the broad gate and other gates of the close of, 90,94, 101, 110 ¦ ministers and clerks of, 78, 83, 86, 101, 102, 111, 138 St. Stephen's Church, 85, 117 St. Stephen's Fee, (or the Bishop's Fee,) • 9,58,96.99,100, 117, 121, 131 ; see Bishop's Fee. Sampson, Thomas, steward of the City of Exeter, 78 Seal, the Common, 5 Sergeants, 64, 78 Setter, Richard, jeweller, 93 ShiUIngford, John, Mayor of Exeter, 5, 33, 98, 143 etseq. his petition to the Lord Chan cellor, 1 letters of, 3-29, 35-40, 50, 51, 65-68 • instructions by, to his deputy in London, 29, 31, 42—49, 51—58 — ¦ his lieutenant in the office of Mayor ; see Coteler ; Lieutenant. memorandum by, 59 -letter to, 61 accused of setting a bad example, 104 his defence of himself, 114 prays that the accusations against him may be put in writing, 132 his petition touching Exebridge 141 ¦ extract respecting his election as Mayor, 142 Shillyngford, (a place), 31 Shute, (a place,) 150 Slug, Sir WUliam, 53 Somer's Place, 84 (note) Song, a, (" Come no more at our hous," etc.) 16 Southgate, the, 87 Speere, WiUiam, 5, 6, 7, 8, 12, 19, 22, 59, 146, 148, 152 letter of, 61 Stafford, Bishop, 19 Stalls, 85, 100, 109 Star Chamber, the, 6 Steward, the, [of the Lord Chancellor,] 7 Stewards of the City of Exeter, 78, 94 Stokewode, 35 Stoklegh Pomeray, church of, 83 Stoklond, 23 Strike Street, 89 Suffolk, Marquis of, 9 Duke of, his " administralli," 149 a gentleman of the, 150 Surveyor, the, 44 ' — ' the Bishop's, 46 Temple, [the], 7, 63 Thryng, Edward, 145 Thrynge, Andrew, 150 Tiverton, 59, 93, 145, 146, 147, 150, 151 Toher, Richard, of Exeter, Sherman, 39 Tolls, at fairs, 93 Topsham, 92, 105 Torner, John, of Tiverton, 93 Tower, a great, on the City walls, 84, 85, 88, 103 Toylerd, (or Tylard,) John, 83, 84; see Tyler Treasurer, the Lord, 7 Treasurer, the Under, 7 Treasurer of the King's Household, the, 6 Trethyne, Henry, 143, 146, 151 Trevilian, John, 150 Trevylian, , 5 Tuke, WiUiam, Receiver, 152 Tyler, John, 154 ; see Toylerd. Upton, WiUiam, 5, 13, 147 Mayor, 79, 81, 90, 98, 107 Vampage, John, 149, 150, 152 " Vespasianus," 12, 76, 95, 105 View of frankpledge, 77 the Bishop's claim to, 10, 11, 20, 99, 104, 115, 123, 137 WaUs, the town, (of Exeter), 16, 84, 85, 87, 89, 90, 103 postern gates in, 87,88, 102,103, 110, 111, 112 INDEX. 161 Walssheraan, Sir Lewis, 78, 90 'Waryn, Master John, Canon of Exeter, 89 Webber, H., priest, letter of, (on behalf of the Bishop,) 33 . Master Harry, 59, 79, 80, 81, 82, 150 West-gate, the bearing of the raace with out, 53 Westminster, and the Courts there, 6, 11, 16, 18, 19, 22, 24, 58, 62, 64, 65, 67, 96, 128 W^ey, William, 83 Whiterow, Richard, 94 WiUiam the Conqueror, King, 106, 115, 118, 119, 120, 122 Winchester, Cardinal of, 142 Windsor, 65 Wine, customs on, not paid by the Bishop and Canons, 92 ; the Bishop denies this, 105 Wode, , 12, 14, 19, 46, 62 John, attorney and proctor forthe Bishop, 133 Richard, 78 ; see Attewode. Wolston, , 12, ¦ Sir John, chaplain, 59, 64, 66, 67, 68, 133 ; see Wulston. Wouston, , a tenant of the Bishop's, 53 Wulston, Sir John, 44 ; see Wolston. Wynard's Place, 85 Wynslo, WiUiam, 78 -, counsel for the City, 22 Yong, - Yonge, Thomas, 149, 152 York, Cardinal Archhishop of, John, Lord Chancellor, 141 ¦WESTMINSTEE : PEINTED BT J. B. NICHOLS AND SONS, 25, PAELIAMENT STEEET. YALE UNIVERSITY a39002 00123'4989b ^-"t