Production Note
Cornell University Library pro-
duced this volume to replace the
irreparably deteriorated original.
It was scanned using Xerox soft-
ware and equipment at 600 dots
per inch resolution and com-
pressed prior to storage using
CCITT Group 4 compression. The
digital data were used to create
Cornell's replacement volume on
paper that meets the ANSI Stand-
ard Z39.48-1984. The production
of this volume was supported in
part by the Commission on Prés-
ervation and Access and the Xerox
Corporation. Digital file copy-
right by Cornell University
Library 1992.LETTERS AND PAPERS
OP
JOHN SHILLINGFORD
MAYOU OF EXETER 14é7-60.
EDITED BY
STUART A. MOORE, F.S.A.
PRINTED FOR THE OAMDEN SOCIETY.
M.DCCC.LXXI.WESTMINSTER :
FRINTED 13Y J. B. NICHOLS AND SONS,
25, PARLIAMENT STREET.
[NEW SERIES. II.]COUNCIL OF THE CAMDEN SOCIETY
FOR THE YEAR 1871-72.
President,
SIR WILLIAM TITE, C.B., M.P., F.R.S., Y.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., Director
ALFRED KINGSTON, ESQ.
SIR JOHN MACLEAN, F.S.A.
SIR FREDERIC MADDEN, F.R.S.
FREDERIC OUYRY, 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 Council 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.—Pétition to the Lord Chancellor .	.	1
The mayor and commonalty had a day to appear before the
Chancellor, and hâve kept it according to the King’s com-
mandment, and also haye put in articles, answers, and re-
joinders, and done ail 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 approyal.
III.	—Shillingford to his Fellows. [Draft Letter.] London,
Oct. 3Ôth, 1447	.....	4
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 came to London and saw the Lord Chancellor. He
describes his réception and interview. 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 présent 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 Ail Hallows Eve he received the answers to the
City’s articles, in which he is greatly libelled, desires money
may he sent him, that the answers may be well understood
and replied to, and that the Black Roll may be sent him.
CAMD. SOC.	aVI
CONTENTS. ,
V.—Shillingford to his Fellows. London, Sat. 11 Nov.
1447.	[Draft Letter.]	....
He was at Lambeth with the Chancellor on Sunday the 5
Noy. 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 évidences on Sunday next.
VI.—Shillingford to his Fellows. London ? Nov. or Dec.
1447.	[Draft Letter.]	....
Dowrish and Speere saw the Chancellor on the Sunday
before his arrivai. 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 he waits for the “ buck-
horn ” which was to be presented. Upbraids one Germyn for
his négligence in not sending it.
VIT —Shillingford to one of the Bishop’s Connsel. 14
Dec. 1447. [Draft Letter.]
Concerning the entreaty to be had at home under the new
bonds. Prays him to fix a place, day, and time for the con-
sidération 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 .
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.] .....
The Lords before whom the matter is “ in compremys ” hâve
postponed it until Candelmass with a command that the parties
should endeavour to agréé at home, as appears by a letter lately
sent by the Chancellor to the Bisshop. The Mayor and Co-
monalty are ready to agréé. 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
PAGE
18
22
24
25
26CONTENTS.
Vil
desired to be set up this last terra, eontrary 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	......
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.
XI.—Instructions to Shillingford’s Deputy going to the
Bishop. (?) Dec. 1447 [Original and draft.]
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
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.
XIII.	—Shillingford to his Fellows. London, 2 Feb. 1447-8.
[Draft Letter.] .....
On Candelmas Eve he received their letter brought him bv
Harry Dobyn, 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.]	....
The buckhom was presented on Candlemas day. On that
day he was with the Chancellor at mass and presented his
candie to him, and “ abode there to méat by my lord’s com-
mandment.” Describes the scene and his conversations with
the Chancellor about the cause.
PAGE
29
31
33
35
36Vlll
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.
XYI.—The Archbishop of Canterbnry to the Bishop of
Exeter. Lambeth, 16 Feb. 1447-8	.	.	41
Begging him to refrain from proceeding at common law
because thè 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 difficult point arise the judges will settle it.
XVII. —The Chancellor to the Chief Justice .	.	.42
Urging him to use his influence with the Bishop for an en-
treaty to be 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 morning 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 Huile, 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 Cathédral, Copleston, Hingston, 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 eyening the Mayor waited on the Bishop. The Bishop
spoke with him. The Mayor attended at the Cathédral on
Monday morning “ at 10 atte belle,” and was assigned to corne
before the Bishop in the Chapter House. ? Lent, 1447-8.
XIX.—Shillingford tothe Chancellor. Soon after 13 March
1447-8. [Draft Letter.] .	.	.	.50
The parties hâve 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 Druell. 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 haye
changed their conduct, and behaye peacefully.
XXII.	—A Mémorandum 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 wasput 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	...... Cl
Has arrived in London and delivered the Mayor’s letter to
the Chancellor to Radford, who said he would présent 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 in London.
XXV.— Shillingford to his Fellows. (?) April, 1448.
[Draft Letter.] .	.	.	.	.65
Was at Windsor on S. George’s Day [23 April], and
tarried there ail day. Wednesday he came to London. The
blâme of the breaking off the last great entreaty at home
thrown on the City, because they would not agréé 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 adjoumed to
the Exchequer Chamber till the morrow.
XXVI.—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.X
CONTENTS.
XXVII.—Pétition of 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 com-
mandment. The matter “ hath honged yn debate by tyme
of iiij yere, of which tyme almost two yere yn yntrete.”
This pétition appears to hâve been appended to a brief of the
evidence produced before the Chancellor and the Justices.
No. XXIX. is eyidently taken from it.
XXVIII.—A Mémorandum of an Address to Sir Richard New-
ton at the Assizes, desiring him to décidé the matter,
with the assistance of Sir Philip Courtenay and Sir
William Bonevyll. (?) August, 1448
XXIX.—Pétition 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 ”.
PART IL
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 tenauntys done
to the Maier Bailliffs and Communalte of the same Cite by
protestacion to resorte to theire name of corporacion ac-
cordant to theire title of prescripcion grauntis of the Kyng and
his proginators to syne and to be syned.
XXXI.—The Mayor’s Articles of Complaint against the
Bishop, Dean, and Chapter. [Draft.]
XXXII.—Draft of Article IX. of the Mayor’s Articles of
Complaint ......
PAGE
69
70
71
75
80
96CONTENTS.
XI
PAGE
XXXIII.	—The Answers of the Bishop, Dean, and Chapter, to
the Mayor’s Articles	.	.	.	.95
Thés 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 Beplications 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 and Chapitre of the Cathedrall Chnrche 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 Cathédral 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 Annswerys 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 and nowe otherwyse they calle [the Bisshoppis fee]
sholde be ceparate and distyncte away fro the seyd Cytee.
XXXV.	*—The Mayor’s Answer to the Beplication of the Answer
of the Bishop .	.	.	.	.126
These ben 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 following Numbers hâve been inadvertently wrongly printed in
the text. They should be numbered two on.xii
CONTENTS»
APPENDIX.
XXXVI.—The Mayor and Citizens of Exeter to the King
Pétition 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 .
XXXVIII.—The final Agreement between the Bishop, Dean and
Chapter, and the Mayor, Bailiffs, and Commonalty .
XXXIX.—The Bond to perform the Covenants of the foregoing
Deed	......
XL.—Pétition 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.
XLI.—Extract from the Mayor’s Court Roll, 23—24 Hen.
VI., m. 21, respecting Shillingford’s élection as
Mayor	......
XLII.—Extracts from the Accounts of the Beceivers of the
City of Exeter relating to the suit .
PAGE
133
135
136
140
141
142
143INTRODUCTION.
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 hâve been one of long standing, and turned
upon a matter of great conséquence 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.	bXIV
INTRODUCTION.
Stephen’s Fee, separate, distinct from, and out of, the jurisdiction of
the Mayor.
The dispute appears to hâve grown up through a long course of
years, for we find, as far hack as 11 Henry VI., a.d. 1432-3, on
the Connu on Pleas Eoll 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 immédiate ground of
action was a far more serious offence, and wouldalmost seemtohave
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 Churcli 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 fîrst one was inclined
to look upon this as an exaggeration on the Bishop’s part ; but, as
the allégation 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 Notte, Clerk in the
Close, on 14 April, 24 Henry VI., 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 VI., a.d. 1447. The City appeared and pleaded in Trinity
* “ Quandam capam auream qua idem Magister suus eundo in processionem divini
servicii tune utebatur ibidem a pulvere terre supportandum.” County Placita, Public
Record Office, Devon, No. 72.INTRODUCTION.
XV
Term following, and the suit was then postponed till Hilary Term,
27 Henry VI., a.d. 1448, when it was appointed to be heard at
Barnstaple, before Sir Richard 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,
wdien a verdict was entered for the Bishop, according to the terms
of the Agreement printed at p. 136, No. XXXVIII.
The mayor and citizens do not appear to hâve been altogether
the aggressors, but, as the quarrel was an ancient one, difficultés
were evidently of constant récurrence. It would seem as though
Shillingford, finding that it was absolutely necessary to bring the
affairs 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 bailiffs 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 hâve been great offenders in this particular, and to hâve defied
the Mayor’s authority. The Mayor’s Articles of Complaint show
that one Hugh Lucays, a tenant of the Bishop’s, u the most or one
of the most mysgoverned man of ail the City of Exeter,” made
affray upon one Richard Wode in the High Street and was arrested
by the Serjeant-at-Mace ; but escaping from his custody he fled to the
Cathedra!, 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 thç, Church, wrho, 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 hâve 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 Richard Newton. This
proceeding appears to hâve been équivalent to what is now-a-days
called refer ring the matter to a spécial case or taking the suit from
Common Law to Chancery. This tum of affairs appears to hâve
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 illégal 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 Boneville. (No. XXXVIII.)
The case having got, so to speak, into Chancery, the Articles of
Complaint, and Answers, Rejoinders, and Réplications, Articles of
Proof, &c., were put in. Such of these as are extant will be
found printed in Part IL 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 hâve 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 allégations of these Bills and Answers, the terms of
which in many placées 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 was an old city long before
the existence of the Cathédral ; and complains of the prévention ofINTRODUCTION.
XVII
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 talliages within the City as parcel of the same;
that the Bishop’s tenants and officers prevented the arrest of a félon ;
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 Praiell, the whiche
ys comyn sépulture whenne the cymytere standeth pollute,” and
the cloister, “ a place of praier and devocyon topraie for aile sawlys
was bonys lieth yn the said cloyster and praiell.” The May or 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 Cathé-
dral ; also that postern-doors hâve 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 suspecious men and wymmen hâve be ladde yn and oute,
and divers men that should hâve 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 hâve broken the lock of the broad
gâte at Freron Lane end into Strike Street, and made them “ suchxviü
INTRODUCTION.
lok and keye as them luste to hâve made thereto atte their pleiser,,,
whereby “ full ungodely cariage ” is also carried in and out, “ as
suspecious 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 and Bailiffs; that wine was constantly sold in the
Canons’ houses contrary to the ordinance of the City and the King’s
“Cry;” and, worse than that, “ ofte tymes hath he found corrupte
wyn not hole for mannys body dampnabill and shold hâve be
dampned and caste yn the canell,” but which was carried to Topsham,
reshipped 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 allégations con-
tained in them, and saying that ail the trouble cometh principally
by the “ wilfulle laboure of John Shillyngford nowe being Maier, in
whoos tyme ever hast be grete trowbill to the grete hurte and losse
of the 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, hâve exercised unlawful games, as the toppe-queke, penny-
prykke, and most atte tenys, by the which the walles of the saide
cloistre hâve been defowled and the glas wyndowes ail 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, u 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 thatINTRODUCTION.
XIX
is the cause and yever of ensample to ail such mysgovernance,”
meaning Shillingford—a retort which he appears to hâve taken
very philosophically, as will be seên in his letters about it at
page 16.
The May or rejoins to the Bishop’s answers generally upholding
his previous allégations, 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 Explica-
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 Keplications rejoined
to by the City. Of these, unfortunately, only the Kejoinders 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 pétition which
form the first part of this volume.
They are amongst the earliest specimens of English private cor-
respondent that exist, and may fairly be considered as amongst the
most remarkable. The peculiarly minute manner in which Shil-
lingford describes ail his proceedings, giving the “ ipsissima verba ”
of his conversations, and no tin g ail small incidents of the inter-
views at which he was présent, 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 theXX
INTRODUCTION.
Sterre Chamber, goyng into his barge99 (p. 6), that of his presenting
his candie on Candlemas Day (p. 37), might make fit subjects for
an artist. The description oT Shillingford’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 allégation in his Articles
of Complaint that Vespasian besieged Exeter, and failed to take it,
but afterwards was able to take Jérusalem, and there sold thirty
Jew’s heads for a penny. The Chancellor indeed seems to hâve
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 candie on Candlemas Day, he receivedhim “ with
laghynge chere.” Shillingford appears throughout to hâve been in
high favour with the Chancellor, and his treatment of him on ail
occasions shows a marked inclination towards the City’s side of the
question.
The Articles and Answers published in Part IL 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 mucli matter of in-
struction, especially in such of the papers as exist both in draft and
fair copy, the various readings of which hâve 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 modifications of
expression frequently used.
Shillingford appears to hâve been wise in his génération to hâve
prosecuted his suit through the stomach as well as through the ears
ofhisjudges: at p. 9 we find that, hearing the Chancellor had
asked the Justice to dinner to talk over the case, seyng he should
hâve a dish of sait 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 Receiver’s Accounts, printed in the Ap-
pendix, also show us that several other présents 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 hâve been
a very uncertain one, and hence it doubtless was that the Bishop
was induced to procure the Royal Charter referred to at p. 77,
CAMD. SOC.XXII
INTRODUCTION.
granting him a view of frank pledge, and other liberties in the
churchyard. This is tlie 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 dérogation of his previous grant of
jurisdiction to the City. The Mayor showed very long user of his
jurisdiction by extracts from the City Court Rolls 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 hâve it tried at common law,
where he would be free from ail influence, and more likely to
get an honest verdict than if his case were determined by higher
judges, who were more likely to be influeneed by interest than a
jury.
Shillingford, the author of the bulk of these Papers, seems to hâve
been a person of good repute and famé in Exeter at the time of
his élection, 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 spécial mandate of
the King. Thence we may infer that his réputation 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 hâve 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 atINTRODUCTION.
XXlll
ShillingforcL* John Vowell, alias Hooker, the well-known editor
of Holinshed’s Chronicle* the Historian of Exeter, of Sir George
Carew, &c., has the two foliowing passages respecting Shillingford
in his unpublished Memorials or Annals of the City of Exeter in
the possession of the Corporation: “ 1444. The xxiij yere of Kynge
Henry the VIth. Md. 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 requiringe and com-
maundinge 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 S1 Valentyne, at too of
the clocke of the afternone, came to the Gwyldhall, and there was
* Iam indebted to Mr. Nichols for a note of a MS. sold by Kerslake at Bristol ir*
1862, written possibly by some near relative of our author. The title of it is
as follows :—
Kerslake’s Catalogue, Bristol, 1862.
3511. ANCIENT JDEVON MANUSCRIPT:—A thick volume written by John
SHILLYNGFORD, Hector of Shillingford to 1392 & Rector of Ugborough, &
Canon of Exeter. 4to. in the original wood covers, with most of the deer-shin
covering remaining.
Contains, 1. Memoriale Presbyterorum Parochialum. (Instructions for Con-
fessing Persons of the different callings and 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..—'“ vt0 Jd9 februarij ob. dn’s Joh’es
Eowler.” “ Aue regina celor.,, a Hymn with Music.
3.	Extracts from various authors, also Latin Rhymes.
4.	Here bigynnjith ye lamentacoun of our lady seynt marye. A tract in English.
5.	Many other pièces. 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 wtU an evell will, yet yn thende dyd
performe it very well.” He was Mayor also in 1446 and 1447,
under which year we hâve in Hooker’s MS. : “ Md. that this John
Shillingford the Mayere was a very wyse man and lerned yn the
Lawes of the Eealme, bold and sturdie, and yn his governement
very just and upright ; and so well he dyrected the sarne to the
beneffite of the common welthe of this Citie as few before hym dyd
it better : In his tyme was the longe and troblesorae suete betwene
Edmond Lacy the Bishop and the Deane and Chapter agaynst the
Mayer and Communalte of this Citie concerninge theire lyberties, wch
suete this Shillingfford dyd followe very carefully and diligently, and
by the meanes thereof and also by reason of his acquentaunce wth 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 ail of tymber was consumed
and worne out : And this man beinge of good credyte and acquentance
wth 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 contrybution
towardes the new buyldinge of Exebridge, and was promysed the
same ; but, before the mony was payed, John Shillingford dyed,
and the monye never receved.” (See p. 141.)
Hooker, who had carefully studied ail these papers of Shilling-
ford’s, and whose handwriting appears on the indorsement of each,
would seem to hâve had good reason for his praise of the sturdy andINTRODUCTION
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 évident friendship shown him by the Chancellor would not
hâve been given to any ordinary May or. 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. VIL p. 24) to one of the Bishop’s counsel, where he déclarés
that he will not be put down by Ét noo grete dedes of malyce, dys-
claundres, longage writyngs, ne settyng up of bulles,” &c., but will
be “ oo 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 présent 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 allé-
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 wth
his owne handys,” in the presence of the Bishop’s counsel, who, says
Shillingford, were “yvell pleased andpayde therwith,” as well they
might 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 hâve been a strong and hearty man, for
we find that he usually rode from Exeter to London in three or
four days.
I regret that I hâve been unable, for want of leisure, to work out
the history of this Correspondent, and those whom it mentions,
more fully. That task I must leave to the future student of theseXXVI
INTRODUCTION.
Papers. My thanks are due to the Mayor and Corporation of
Exeter for their kindness in lending me the original MS S. 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 his City.
Stuart A. Moore.
Greenhithe, Kent, July 1871.PART I.
LETTERS OE JOHN SHILLINGEORH.LETTERS OF JOHN SHILLINCFORD.
i.
Pétition to the Lord Chancellor.
The Mayor and Commonalty liad a day to appear before the Chancellor, and hâve kept it
according to the K.ing’s commandment, and also hâve put in articles, answers, and
rejoinders, and done ail things that they ought to do. Prays that the matter may
be ended.a
Unto the Ryght Reverend Fader yn God and Blessed Lord John
Archebysshop of Canterbury, Prymate and Chaunceller of
Engelond.
Bysekyth yow full mykely John Shillyngford now beyng Mayer
of the cy te 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
hâve moste feyth hope and truste tlier yn, and that y dar well seye
by my trauthe ; that hit please b youre gode and gracyous lordship to
be remembred of the grete materc bytwene the Ryght Reverend
Fader yn God, and gode blessed man yn hymself,d Edmund Bysshop
of the 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 Chif Justises
by the sywte ynstance and laboure of the seyde bysshop deane and
* The draft of this pétition exists; a collation of it is given in the foliowing notes. It
is there called B.
b B. begins here with “ Please hit yn to your right gode and gracious lordship.”
c mater—“ mater hongyng yn debate.” B.
d hymsolf—“yf lie most be,” inserted in B.
CAMD. SOC.	B2
LETTERS OF JOHN SH1LLINGFORD,
chapitre yn to the highnesse of oure soverayne lorde the Kynge
made ; by whas ryght high and ferfull commandement by hisa
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 woll reporte
us, and yet buth redy to do the same as we auglite to do. Nerthelez
atte begynnyng of thys mater comyng to fore yow yn revelucion
theb mayor and comminalte, as they darst, sywed unto you my
lord chaunceller by supplycacion to hâve be descharged and dys-
myssed as the law wolde. and hâve hadde the maters to hâve be
determyned atte comyn law; bot when your gracyous lordshipb so
beynge enfourmed of the Kynges wyll, whiche was to us ryght a high
and ferfull commandement, thatc we darst so not, but wyth ryght
gode wyll at aile tymes obeyed us c to abyde suche rule as the Kynge
by his seyde letters apoynted us to; whereupon we sythenys wyth
grete coste hâve labored and at aile tymes hâve be redy and yet buth
to bryng yn dyvers evydencys and munimentys concernynge oure
ryght title and clayme of franchises and libertees of the seyd cyte as
the Kynges seyde commandement woll,d by the specyall sywte yn-
stance and laboure of the seyde bysshop, deane and chapytre. Also
we hâve made and putte yn before your gode lordshipp articles,
answers, rejoynders,e and aile other thyngs that we aughte to do.
a his—omit, B.	b the to lordship—We by your gracious lordship, B.
c that to us—“ we for drede levyng the comyn lawe and the bénéfice therof whiche we
as J>e kinges true lege men buth an habited ther yn with right gode will obeyed and
bounden us.” B.
d woll,—B ends as foliows.—“ as hit is comprehended and appereth yn oure articles and
shorte entitelynges of oure évidences y put yn before your gode lordshippis, to the whiche
we buth not yet answered ail be hit that we hâve answered and buth redy to answere to
aile and every their articulis of évidences whiche they hâve put yn. Also we hâve put yn
before your gode lordship answeres to their articulis of compleyntes and rejoynders to the
same, and yf any thyng lacke we buth redy to performe hit. And so we truste to God we
hâve do ail thynge that we aughte to do to prove openly and clerely oure entent the con-
trary of theire claymes.” B.
e For these “articles, answers, réplications,’' see Part II. post.MAYOR OF EXETER, A.D. 1447-8.
3
And yf eny thyng lakke we butli redy perfourme hit. So as we truste
to God we hâve do and shall do ail thyngs that longeth to oure
part for to do, bysekyng yow of y oure gode and gracyous lordshyp
that the other party do the same for their part, or ellys to be con-
cluded, and thus ye shall hâve the maters of bothe parties in know-
liche. 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 concey ved, ruled, and reported to
the Kyng oure soverayn lorde, and that for the love of God and yn
wey of charyte.a
II.
Shillingford to hts Fellows 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 hâve full bisily
labored to make an answere to the articulys.b The cause of so longe
taryng yn makyng of the answers hath be for right grete bysynes y1
Alisaunder Hody hath hadde aboute his awne maters ;c netheles by
the avys of Alisaunder Hody and Dowrisshe and Roger Rawly,
[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
a Tliis document is indorsed in a hand of Elizabeth's time—“ Anno Regis Henrici
Sexti vicesimo quarto.”
b articulys.—Le. the Articles of Proof. See Part II.
c maters—after tliis there was originally “ \vl owte wham y cowde not well labore
w* oute much more tarynge.”4
LETTEIIS 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 Recorder yn hast yf hit may be for
shortenys of tyme, &c., that other copy to abide wl yow, prayng
yow Thomas Cook most specially wt 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.a This don y pray yow to calle be fore yow atte halle b the
substance of the comminalte, praynge every of tham yn my name
and chargyng tham yn ]?e most streytest wyse yn the Kynges
byhalf to corne to fore yow yn haste for the tydyngs that y hâve
sent home to yow; and that ye wysely déclaré to fore tham these
answers ; so that they sey manly yee and nay yn suche poyntes as
yow thynkë to be don, &c. and )>l ]>ej wyll abide by j>e answers yn
ail wyse, and that labo1' and spekyng be before to that entent. This
don y pray yow that y hâve 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. lie came
to London and saw the Lord Chancellor. He describes his réception and interview.
On Sunday 29 Oct. he had another interview with the Chancellor, and also with the
Chief Justice, and again with the Chancellor.
Memod that on Monedey next before the feste of Seynt Lukec
the yere of the régné of the kyng that now is xxvj (Henry VI.)
a Originally “ to sette to the penne sadly.”	b halle—“ in my name,” erased.
c 16 Oct. 1447. N.B. This was written by Shillingford, as later on he takes up the
first person.MAYOR OF EXETERj A.D. 1447-8.
5
Richard Druell, William Speere and Henry Dobyn w* ham rode
oute of Exceter to London-ward for nedes 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 condycionell, havyng
w* ham sufficiant power and the comyn seell and xls. 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-
lian, he was payed ayen by the feloship of the collecte mony to the
plee, &c. How the seyde Richard Druell and William Speere
spedde when they came to London hit appereth yn a sedule by the
sayde Richard Druell and William Speer therof made, remaynyng
w* the [seyde] Rychard Druell. Forthermore as tochyng the goynge
of the seyde John Shillyngforde, mayer, he was ail redy for to ride
the seide Monedey : varians y moved bytwene hym and the seyde
Richard Druell, nerthelez better accorde hadde by mene of Tho-
mas Cook, Richard Druell w* other held his wey, and the seyde
mayer abode at home yn to a tuysday next after Seynt Luke is dey a
for settyng of the kynges dyme, comyng of Trevylian, and other
grete mater s toching the cite, and yn especiall to hâve the feloship
togeder, a sadde communicacion to be had or his departyng, the
whiche communicacion myght not be had before Saterdey next after
Seynt Luke is dey b for this cause that the grete part of the feloship
was at Calston is fayre, and thoo that war at home, as Upton, Cote-
ler and Pope, were syke on theire beddes ; and for aile these causes
the mayer abode at home so longe, and ail that tyme he kepte his
iij. hors yn stabill every dey redy to ride to hym grete coste. The
tuysday c he rode and w* hym William Hampton and John Fagot.
On Wendysdey d at nyght they came to Sheftesbery and there mette
w* Richard 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 e next ther after the mayer
* 24 Oct. 1447. b 21 Oct. 1447. c 24 Oct. 1447. d 25 Oct. 1447. e 28 Oct. 1447.6
LETTERS OF JOHN SHÏLLINGFORD,
came to Westminster sone apon ix. atte belle, and ther mette w*
my lorde Cliaunceller atte brode dore a litell fro the steire fote
comyng fro the Sterre chamber, y a 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 ail the comminalte, his awne peeple and bedmen of the Cite of
Exceter. He seyde to the mayer ij. tymes “ Well corne,” and the
iijde. tyme “ Right well corne Mayer,” and helde the mayer a grete
while faste by the honde, and so went forth to his barge and wt hym
grete presse, lordis and other, &c. and yn especiall the tresorer of
the kynges housholde, wl wham he was at right grete pryvy com-
municacion. And therfor y, mayer, drowe me apart, and mette w1
hym at his goyng yn to his barge, and ther toke my leve of hym,
seyyng these wordis, u My lord, y wolle awayte apon youre gode
lordship and youre better leyser at another tyme.” He seyde to me
ayen, “ Mayer, y pray yow hertely that ye do so, and that ye speke
w1 the Chief Justyse and what tyme that ever he will y woll be ail
redy.” And thus departed, &c. The Sonedayb abowte viij. atte
clokke y came to Lambeth, and wt me Dowrissh and Speere to myte
and speke w* my seyd lord. We mette and spake w* hym yn the
ynner chamber, he at that tyme beyng right bysy goynge yn to his
closet. And w1 right gode longage and gode chere yn godely wyse
exscused hym that he myght not speke wt ous atte that tyme for
grete bysynes, and comaunded ous to corne ayen the morun. Y,
mayer, prayed hym 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 corne yn right gode tyme and well
corne, and at his departyng yn to his closet he seide, “ Mayer, wolde
God ye hadde made a gode ende at home.” And y seide, “ Wolde
God my lord that we so hadde, and God y take to recorde y hâve
done my due dilygent part therto, and that yn tyme y truste to God
ye shall well knowe ; for y hâve right meny thyng to enfourme yow
& Note tliat here Shillingford takes the first person.	b 29 Oct. 1447.MAYOR OF EXETER, A.D. 1447-8.
7
of yf y hadde tyme.” He seide 44 Well, mayer,” and bade me corne
ayen that same dey afternone, and so departed, &c. Y was by the
Styward and meny other of the housholde full fayre y bede to abide
atte mete, ne never hadde better chere a of my lorde ne of the hous-
hold then y hadde atte tyme. Netherlez y exscused me and wold
not abide as for tyme. And so went over the water to Temple to
Bluet, &c. and so went w1 Bluet, Dowrissh, Speere and y to the
chief justice and comyned of meny thynges w* hym. He is like as
y conceve to hâve the grete rule yn this mater, for my lorde Chaun-
celler seide, as hit is aboveseid, 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 hâve comyned of a rule yn this mater;
what ever hit be y can not wyte as yet. God eve b grâce hit be
gode, and so y truste to God that hit be. That afternone y went
ayen to Lambethc to my lord after his commaundement aboveseid and
when y corne 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 came 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 me yn presse and went right to my lorde Chaunceller
and seide, 46 My lorde y am corne at youre commaundement, but y
se youre grete bysynesse is suc-he that ye may not attende.” He
seide 44 Noo,d by his trauthe and that y myght right well se.” Y seide
44 Yee, and that y was sory and hadde pyty of his grete vexacion.”
He seide 44 Mayer, y moste to morun ridee by tyme to the Kyng, and
corne ayen this wyke : ye most awayte apon my comyng, and then y
woll speke w* the justise and attende for yow, &c. Y seide, 44 My
lorde, y woll do after youre commaundement,” and prayed hym of hys
gode and gracyous lordship of oo worde more, yf he were enfourmed
• chere—chese MS.	b eve—first written “ yeve” and altered to “eve."
c 29 Oct. 1447.	d Noo—first written “ nay.” e right MS.8
LETTERS OF JOHN SHILLINGFORD,
by worde or by wrytyng of eny thyng that y hâve 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 u Nay,” but that y hadde
governed me at home yn the most best and godely wyse and therfor
he oowde me grete thanke, and seide hertely that y sholde hâve
Goddes blessyng and his therfor, &e. And so departed, &c.
Nota that Druell and Speere is beyng afore dide gode, for tliey
dide theire part yn the most best wyse.
IV.
Shillingford to his Fellows. London, 2 Nov. 1447.
He has made a présent 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 Ail Hallows Eve he received the Answerâ 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 Rolla may be sent him.
[Worthyb Sires, as yn the other letter &c. y grete yow w]eii
aile. Yn the whiche letter y wrote to yow that y hadde a dey to
a Black Roll.—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 VI., and is stated by Izacke (Memorials of
Exeter, p. 95) and by Oliver (History of Exeter, p. 809) never to hâve been returned.
Jî. a paper dated 1 Mardi, 1552-3, entitled “ Remembrances for the Parliament/’ occurs
the foliowing mémorandum about it : “ Item to speke to Mr. Cicell for the Blake rolle
which Griffvn leyfft in his custody.” [Letters, &c. among the Archives of the Corpo-
ration, No. 31.] It was delivered to Grffin Amerideth 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 speciall 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.
b The original of this letter and part of the draft are extant ; the words in brackets are
füled 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 tlie Fridey next ther after;
and for as moche as] my lord Chaunceller bade the Justyse to dyner a
ayenst that same day for [oure mater, seyyng that he sholde hâve a
dys] of sait fisshe ; y hiryng this, y didde as me thoght aughte to be
done, and by avys [of the Justise and of oure counseill, and sende]
thider that day ij. stately pikerellis and ij. stately tenchis, for the
whiche my [lord Chaunceller cowde right grete thankjys and made
right moche tlierof hardely; for hit came yn gode seson,b for my
lordis [the Duke of Bokyngham, the Markis] of Southfolke and other,
Bysshoppis divers dyned with my lord Chaunceller tlia[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 forthese
causis that a grete disputacion was be fore my lorde yn his chapell
at Lambetli for pre[chyng of] Bysshoppis. And the seide lordis that
same Friday were there at diner.c And the Justise came not there
that day; but the same Friday after mete y was with the Justise by d
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 hâve the
grete rule of the mater, as yn the other letter. And he bade me
move of some gode meene to ende the mater. Y seide ayen, savyng
his commaundement, y cowde no skyll theryn ne to speke ne move
of menys,e ne hit was not my part so to do ; for hit wolde seme if y
so didde, that y hadde doute of oure right7 where y hâve right none,
but we wroll dwelle and abide thereapoun and go no ferther; but
if eny man wolde move of eny meene, hit was my part to hire and
so to reporte, &c. But furthermore y seide that fro ij. thyngis wt
oure gode will we wolde never départe; that the churche and cimi-
tere, asf that they calle synt Stevyn is fe, is parcel of the cite and
ever hath be and shall be ; and that we hâve a vy w and aile that
to belongeth, and they right none, ne never hadde ne shall s hâve but
a dyner—written “ mete'’ in B. and altered.	b seson—ceson, B,
c originally “ mete ” in B. and altered. d by — omit .B. e of menys—omit B.
f as—and, B.	s shall—sholde, B.
CAM1). SOC.
C10
LETTERS OF JOHN SHILLINGFORD,
ever w4 ynne the jurisdiccion and under the correccion and punyssh-
ment of the cite, &c. He seide that they claymed a viw and that
they hadde used moche thyng, &c. and he seide hit was aunsion de-
mene. And y seide nay, and proved hit by Domesday, and so were
on grete argamentes by longe tyme, to longe to write : ail hit was to
tempte me w4 laghynge chere, Y seide they hadde no more but
sympell Court Baron, if they so hadde. He seide that every man
myght hâve of his awne tenantis and aske no man no leve, &c. Y
seide how sholde they hâve more; they hâve noa olde grauntis of
kynges, ne clayme none allowance yn Eyere, ne instrument to do
punysshement 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 hym 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 Haroldis fe, is b graunt of olde kyngis and confirmaciouns, &c.
He seide the Bisshop hadde the same Y seide nay that I never
knyw ne sigh,c 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 w4 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 haved an abstynance, but none y graunted but
under this fourme, that the Maier that tyme beyng, and every man
that hadde be Maier and like to be Maier, promysed 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 perpétuai pees. Then he asked of me of this mene ; if we wolde
absteyne us and forbere of arrestis of aile men of habitee servantis
familiars knawed without any fraude generally. Y seide, if hit
a no—notner, B.	b is—and. B.	c sigh—segh. B. d hâve—hâve hadde, B.
e habite—abyte, B.MAYOR OF EXETER, A.D. 1447-8.
11
pleased hym, nay; for hit was better the last terme before this, that
we sholde forbere of arrestis but yn tyme of doyng of divine servys
of men of habite, servantis familiars and theire Baillyffs knawed, &c.
and of aile other as on Sent Pauli is Chirche at London. He seide hit
was soth, and asked ayen if we wold a forbere and absteyne and be re-
compensed therfor, and we to hâve the viw and aile thatlongeth therto
generally, as well on the fe as, &c. and so to make arrestis w* ynne the
fe, as y conceved hym, andto forbere aile other arrestis w* ynne his
tenementis of the seide fe and to be recompensed &c. and the Bisshop
to hâve his courtis of his awne tenantis and to holde plees of gretter
somme thenne b Court Baron xl s. and spake of xl. marke. Apon
this mene he stiked faste, and thoghte0 hit was resonable and ever
asked of me divers tymes what y wolde seye therto, ail as y conceve d
to tempte me, and to concente to a mene, &c. and then y seide “ My
“ lorde, if hit please you, ye shall hâve me exscused to answere,” &c.
for thogh me thoght that hit were a mene resonable y dar not sey
yee, thogh y hâve power, for the mater toucheth a grete comminalte
as well as me, and so that y dar not seye yn to tyme that y hâve
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 hâve
“ power ynogh, y beseche yow of youre gode lordship to hâve me
“ exscused therof yn to tyme y hâve be at home with my felowship,
“ or of tham here with me vj. or vij. for other wyse woll y never con-
“ clude with my gode will,” &c. He seide ayen, u Ye didde theron as
“ right a wise man,” and so departyd, &c. The morun Saterdaye y
came to Westminster to kepe my day as hit is aboveseid. Y spake
with my lorde Chaunceller. He adjorned hit over yn to Soneday,
andf afterward fro Soneday £yn to Moneday; for the Justises dyned
with the Maier of London that Sonday. The Moneday h y maier,
a wold—wold so, B.	b thenne—J>en, B.
c thoughte—}>oughte, B. “ th” is frequeritly “ \> ” in B, and is not noted after this.
d conceve—conceved, B.	e Saturday, 28 Oct. 1447.	f and so, B.
b Sunday, 29 Oct. 1447.	h Monday, 30 Oct. 1447.12
LETTERS OF JOHN SHILLINGFORD,
Bluet, Hody, Dourissh, Germyn and Speere with me corne to Lam-
beth to my lord, and tlier was at that day atte dyner with my lord
the ij. chif justises, a 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 Chif Justises, so that the Chif
Justise 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 comininalte, the whiche them
semeth grevous, beth not y et answered, and them semetli, &c. My
lord Chauncellor tlier with sodenly went right to the justises bothen,
and called to hym Nicholas Ayssheton at that tyme beynge there,
and leide theire iiij. heddis neghb to gedder and comyned to geder
right privyly a grete while, and aile as y conceve c and as hit proved
afterwardis that the answeris to oure articulis d not to be spoke of.
After that my lorde toke his cheire and the justises sa te with hym,
and bothe parties with. theire conseil kneled before. My lord asked
how we last departed and therapoun stompede 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, withf moche more
therto, &c. and how my lordis commaundement was at London, and
aggrementis at home yn the chaptry hous, that oure articulis
sliolde be answered or we proceded any ferder, y praynge my lorde
that so, &c. My lord was lotli therto and the justises bothe. My
lorde seide furste merily g of Yaspasianus.h And y seide that that*
was no mater of oure compleyntis, but y putte yn to prive k what the
cite was of olde tyme ; and then my lord seide some what strangely
and sharpely that oure articulis many were maters of noyse and
desclaunder, and forto 1 answere them hit wolde be cause of more
a justises—judgys, B.	b negh—right negh, B.	c conceved, B.
à articulis—to be laid apart, erased in B. e “ abode” erased, “ stomped” inserted in B.
f with—put in place of and” in B.	S merily—myryly, B.
h Yaspasianus—See the City’s Articles, Part II.
* that—hit, B.	k prove, B.	1 forto—for, B.MAYOR OF EXETER, A.D. 1447-8.
13
grucchynge and yvell wyll. And y seide, u Yf eny suche be, lete tham
be leide apart, and tho that beth substancialle grete and grevous to
us, and somme cause and begynnyng of aile this debate, lete tham
be so answered and y rehercediij. yn especiall, oone of the Dyme,a
another of the feloun that toke the bysshoppls fe, and afterwarde of
the churche, and the b coroners ylette, &c. and of the toure on the
bisshoppis gardyn, &c. The chif justise seyde as tochynge the arti-
culis of bothe parties, that there were maters amen dis to be made to
ayther party, and that were longe to do, and that hit myght be don
as well after as before,c and that he hadde sey somme of oure arti-
culis ij. in especiall, oone of the 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. Thenne as touchyng the deme,d Hengston seide that he wolde
right well that the deme were payed with us, as hit aughte to be,
and hath be of olde tyme ; 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 tyme ynto this dey,
how and under what fourme hit was don of olde tyme, how sithenes,
and how now, and how late they sette with ynne thame self, and
kept the mony and yet kepeth, and that sholde be well y proved.
My lorde seide f 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 tyme 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 the grâce 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
a Dyme—the “ décima ” or king’s tenth ?	b the—of the, B.
c as to before—inserted on a rider in B.
d Whereapoun to deme—inserted in a rider in B. but much decayed.
e tham—ham, B.	f seide —seide hym thoghte, B.14
LETTERS OF JOHN SHILLINGFORD,
gode a wille, yee for theire part. My lorde asked of me,b Maier, if
we wolde the same. 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 thec articulis most 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 theyd hadde seide dyvers tymes that
they hadde olde charters, évidences, 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 e 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.f Hengston honged sore to hâve a lete and a
grete courte, and y traversed hym ever, and seide to hym moche
thynge, and yn especiall that they never hadde instrument, and
reherced what that belongeths 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 hâve hit, and spake no more at ail that
tyme. Hengston seide openly that Kadeford and he hadde commu-
nicacion at home of this mater, 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 kny we well and was
spoke to of suche a communicacion ; but what the privyte and the
menyng was y myghte not knowe, and yf y hadde hit sholde hâve
be never the werce but the better ; and so we departed, stondyng a
a gode—right gode, B.	b me—put in place of “ us ” in B. c the—J>4 J>e, B.
d they—J?1 J?ey, B.	c 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.	8 belongeth—longeth, B.MAYOR OF EXETER, A.D. 1447*8.
15
fer fro my lorde, and he asked wyne and sende me his awne cuppe
and to no moo. Y wende right to my lord ayen before them aile,
and spake with my lorde prively a grete whiles of divers maters, and
among other of thys blynde entrety that Hengston spake of, y sey-
ynge to my lorde verily that this blynde entrety growith of my
lorde of Excetre as y supposed.a Wherfor and for as moche as
Hengston seide yn his presence that Radeforde and he were negli
accorded : y b bysoghte my lorde, as me thoght his part was, and to
ende the mater the rather to knowe of the communicacion, &c. My
lorde seide y moved hym right well and sholde hâve goddis blessyng
and his, and seide he wolde do so, &c. and so we toke oure leve and
departed fro my lord and my lordis aile. My lord at this tyme
didde me moche worsship, and openly yn the communicacion above-
seyde commended me for my gode rule at home, and yn especiall for
the grete favor that y hâve do to men of the churche, hongyng this
debate; and furthermore he of his awne mocion yn the communi-
cacion aboveseid spake openly of the letter that he send home to the
bysshop by me, seiyng these wordes, 44 Maier, aponthe communica-
cion that y hadde with yow here y send home a letter by yow to
my brother of Excetre, the whiche y hoped sholde hâve do moche
gode and cause of spede the rather ende c of the mater.” Y seide,
44 My lorde,d that is true, and y hâve do my due diligent part therto,
after youre commaundement by my trauthe.” Y seyde more to Kys
these wordis, 44 Ivis, ye seide to me at home that y didde and seide
moche thynge more there then my lorddis 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 thyng
that y didde and seide.” My lorde sate stille a while, and Kys
knelyng spake never a word, and thus passed over. Hengston
among the maters abovesayd seyde moche more than is above writyn
as touchyng the towre that stont on the bysshoppis gardyn, seiyng
that that towre stode upon the bisshoppis grounde, and the bisshop
* as y supposed—not in B.
c the rather ende—not in B.
b The rest of B. is much decayed.
d B. ends here abruptly.16
LETTERS OF JOHN SHfLLINGFORD
sum tyme 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 kernellis
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 a y receyved the answeris to
oure articulis at Westminster of the whiche y sende yow a true copy,
yn the whiche articulis as hit appereth they hâve spatte out the
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 hâve don, and werce yf they
cowde: but as for trawthe of the mater that tocheth me, meny
worthy man stondeth on the same cas and hâve do moche werce
than ever y didde, thogh that be to me none exscuse. As touchyng
the grete venym that they menyth of my ly vyng, y may and pur-
pose be at my purge, as y may right well apon my sawle of aile
wymmen alyve excepte oone, and of hire righte a grete while; therfor
y take right noght by and sey sadly si recte vivas, §c. and am right
mery and fare right well, ever thankyng God and myn awne purse.
And y liyng on my bedde atte writyng of this right yerly, myryly
syngyng a myry song, and that ys this, Corne no more at oure hous,
corne, corne, corne. Y woll not dye nor for sorowe ne for anger,
but be myry and fare right well, while y hâve mony ; but that ys
and like to be scarce with me, considerynge the bisynesse and coste
that y hâve hadde : and like to hâve : and yet y hadde with me xx li.
and more by my trauthe ; wherof oftrauthenot right moche y spende
yet, but like &c. Constre ye what ye will. Item, Thomas Mon-
tagew sholde sende me xj li. and odde mony as he wote well and
can telle yowe: and y supposed that John Germyn sholde b hâve
broght to me ail most x li. ail this of myne awne gode ; wherof
» 31 Oc1. 1447.
b 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 me xx li. yn hast, as
ye wolle the spede of youre mater and welfare of the cite, y not
shamed but pleased attis tyme; and that ye faill yn no wyse, mer-
vaillyng moche, for as moche as y departed fro yow with ou te eny
mony of youris, that ye ne hadde sende to me sithenesse some mony
by Germyn, Kyrton, or some other man, &c.
Forthermore as tochyng the seide answeris, y pray yow that they
be well redely avysely and distinctely over radde and the substance
of them right well understonde, and most speciall the furste arti-
cule, the whiche ys most and right harde to answere, and that oure
Recorder hâve knoweliclie of ail thyng that y hâve 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 hâve youre conceyt witte and entente to
repplye to the seide answeris, and to the furste most specyally,
whiche is derke to my 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 Domus Dey, copy of Eyris, of charters and other thynges
that is necessary to be seye yn makyng of thés repplicacions. Y can
no more attis tyme, but y pray you to be not wery to over rede hire
and se ail the writyng that y hâve sende home to yow attis tyme ;
and yf ye be, no mervaill thogh y be wery, &c. and God be w* yow.
y-writen at London yn aile Sawlyn daya afore day yn hast. Item, 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
hath borwys for his office, lete them be pryvy to, yf yow,b that hit is
to be do.
Indorsed. A letter of certificatt from John Shillingford, Maior,
of his doinges at London.
a Nov. 2, 1447.
b yf yow, sic MS.— ? yf yow like.
D
CAMD. SOC-18
LETTERS OF JOHN SHI.ELINGFOED,
y.
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 évidences on
Sunday next.
I grete you well aile, doyng yow to understonde that y am at
London as y liave Write to yow afore this tyme, &c. and as touchyng
the laboure and spede of oure comyn mater sithen y wrote last to
yow, y was at Lambeth with my lorde on Sonday next after aile
Halwyna day and spake with hym 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 “ Corne the morun Monedeyb .... the love of
god,” Y seyde the tyme was to shorte, and prayed hym of Wendys-
dey; y enfourmed hym [of t]he grete malice venym that they hâve
spatte to me yn theire answeris as hit appereth yn a copy that y sende
to yow of. My lorde seide, “ Alagge alagge, why wolde they do so ?
y woll seye right sharpely to ham therfor and y nogh,” and com-
maunded 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 escheco1 cham-
ber, and as sone as ever he saw me a ferre, he called me to hym and
asked the seide answere, and he rased hit as hit plesed hym w* his
owne handys, oure party ad vers w1 theire counsell beyng présent
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
a 5 Nov. 1447.
b 6 Nov. 1447.MAYOR OF EXETER, A.D. 1447-8.
19
party ne to me to be there and so. departed. The morun tuysdey a
y came to my lorde at Westminster ayen and asked yf he wolde
commaunde 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, 44 My
4 4 lorde oure repplicacions beth not yet aile redy ne mygh not be for
“ shortenesse of tyme thogh y sholde dye therfor, and yet y hadde
“ waked nyghte and dey.” He seide hit was right yvell y do yf hit
myght otherwise hâve be, and commaunded 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, 44 My lorde, oure
44 repplicacions beth not yet fully redy bot anon to oon b and that oon
44 almost 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, &c. My lorde seyde that he wolde
sende for the bokys that y hâve Write to yow of yn Kent ys warde :
then he bade that other party goo a part and comyned w* my seyde
felowship and me nigh by an oure, and he was right mery and comyned
meny dyvers maters bothe of disporte and sadnesse : furste of dys-
porte of Bysshop Stafford ys tyme when my lord was there,c and among
other y spake to my lorde yn dysporte of the arest of Sr Thomas
Gogh and of Hugh Luccays atte Denys place, and what favor y had
do and had no ' thanke and of other thyngys as corne yn to my
mynde. d He cowde Telle Yis how Germyn toke the churche pe 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 mater 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.	b Originally “aile most oone.v
c The Chancellor was at one time a dignitary of the Cathédral of Exeter.
the to wyse—added in the raargin and then struck out.20
LETTERS OF JOHN SHILLÏNGFORD,
loth they wolde be to make arestys theryn, and seyde tliat seynt
Peter ys churche was Goddis lious and his halle, &c. and made meny
resons to bryng yn abstynce of arestys. They were answered as God
wolde geve us grâce. Douryssh a didde well his part ; nerthelez ail the
longage bot hit were the lesse was by twene my lorde Chaunceller
the Justyse and me.a My lorde Chaunceller wolde that y sholde
myve of menys. Y seyde, savyng his commaundement, that y
cowde not theryn ; hit was not my 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 hym well, and
leyde meny myschyffys, &c. Y seyde therto also as y cowde sympelly,
and then y reherced to hym of the last accorde of the suberbys with-
oute Esteyeate and what abstynance was of courtesy y graunted at
that tyme, &c. y conceyved that my lorde wolde move of no nyre
mene and then y seyde to hym thus: “ My lorde, y beseke you of
youre gode lordship to hâve me exscu .	.	.	. to move or
aggre to eny mene .... y hâve speke with my felowship
at home or they here with me.” Tham thoghte y seyde reso-
...........hadde right moche longage of the Bysshoppis fe, and
specyally of the vyw and of the Bysshoppis Court what court he
hadde and sholde hâve : here of was right moche longage b 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 hâve supposed right well ;
so y said, “ My lorde, y hâve hurde of suche thyngis, bot y sawe hit
never, praying yow yf eny suche thyng be, that they may be shewed
and seyn, and bot yf hit may be answered ellys so to make an ende,”
&c. My lorde conjoured me to make an ende of this mater and yf y
so didde y sholde be cronycled. Y seyde, “ My lorde, y hâve don my
out.
Dourysshe to me—struck out, and then “ stet” putover it; “ stet” also has been struck
b 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 commaundement.,, Y conjoured my lorde
ayen and seyde these wordys, “ My lorde, ye beth lorde under hevyn,
“ excepte the kyng, tbat the Cite of Excetre hâve most feyth bope
“ and truste tlieryn, and hâve fulle power to make an ende, bysekyng
“ you and as y dar requyre yow, se the ryght and lete hit never passe
“ yor hondes bot so to make an ende,” and made 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 comyned wyth that other party, and they seyn
moche that they woll abyde apoun theire right, and shewe theire
forseyde evydence to prove hit. Y seyde, “ My lorde,” as y hâve
aboveseyde, &c. My lorde seyde, “ Mayer, ye seye right well, and
so we woll do and procédé,” and so we ail departed sine die, &c.
Bot sythenys y hâve be w1 my lorde dyvers tymes and now hâve
a day, and that other party to be before my seide lordis the morun
Sonedey apon the makyng of this letter; a they to shewe ther evy-
dences as y suppose. What they meneth that they woll abyde
apon theire right and shew theire evydence constre ye. Gode and
gentell longage and shere y hâve 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.b Certe hit be seyde that that ys the cause of the breche, &c.
for they hâve labored strongly and sayeth nay, &c.
a Letter written Sat. 11 Nov. 1447.	b derde, MS.22
LETTERS OF 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 arrivai. 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, lie has not seen the Chancellor yet because he
waits for the “ buckhom,,a which was to be presented. Upbraids one Germyn for his
négligence 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 Ÿ tyme as the
mater stondeth, and yn especyall as tochyng the commaundement the
whiche y reported at home, nywe bondis to be made and enseled at
home to entrete yn to Candel masse and lenger yf J>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 ; of the whiche commaundement my lorde remembred
hym right well therof as wéll as the Chif Justise, and my lord
avowed me well therof and was right well pleased ofb ail my 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 godeman wyse and well do my part, after his
commaundement attis tyme and shold hâve goddes blessyng and his,
and whan that ever y corne to be well corne 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 )>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 counsell Yong
a buckliorn.— Thisappears to hâve been a kind of fisli. In the Receiver's Account it is
stated that 400 of bukhorn was bought to be given to the Chancellor. In the Household
Account of the Countess of Devon (State Papers, Henry VIII. iii. p. 1403) amongst other
fish there is an item for “ 6254 buckernes, 35s. 10d.”	b of—first written “ with.”MAYOR OF EXETER, A.D. 1447-8.
23
and Beef, and so came yn before my lord Chaunceller the morun
Moneday, and nywe moved bym wt mocbe longage as tochyng the
sute aboveseide. My lorde seyde he myght not werne tham pe comyn
lawe, bot he seide right feith fully and sadly he wolde conseil ham the
contrary and commaunded to awayte apon hym and pe Chif Justise
beyng togeder. A rule to be sette, &c. And so departed and stont yet.
Furthermore y do you to understonde y corne to London on tuys-
dey, so pt y wolde hâve be w* my lord pt same dey tymely y nogh
afore mete ; bot I taried and yet tary because of pe buk horn pt 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 othis;
the whiche came not yet, me to right grete anger and discom-
fort by my trauthe, and the cause ÿ hit was boght for myche like
to be lost; for hit hadde be a gode mene and order after spekyng
and communication aboveseid, the buk horn to hâve be presented,
and y to hâve corne there after, &c. and so to hâve sped moche the
better : but now hit is like to faille to hyndryng. And so y hâve
helpe ynogh abakward and but a litell forthward as hit at aile tyme
proveth and appereth. Y prayyou specially to thanke moche t .	.
.	.	. gentill Germyn Quasi duceret euge exige Germyn of his
governaunce attis tyme, id malegaude Germyn. Nothelez [I know]
right well he woll ascuse hym right well by thike fais harlot his
carioure, 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
humo. Cristes curse hâve they bothe, and seye ye amen non sine
merito9 and bot ye dar sey so, thynke so, thynke so. Also y charge
Germyn under rule and commaundement of J. Coteler mylutenant,
pt he do that he can do, braule, bragge and brace, lye and swere
well to, and yn especiall y J?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 my comyng as sone as y may by cokkis bonys.5
a but litell—originally “ no thing.”
b 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 SHILLING FORD,
VII.
ShILLINGFORD TO ONE OF THE BlSHOP’S COUNSEL.
14 Dec. 1447. (Draft Letter.)
Concerning the entreaty to be had at home under the new bonds—prays him tofix place,
day, and time for the considération of the matter, and expresses his desire for a “ good
end*’—a curious passage at the end has been struck out. See the note.
Kight worshipfull sir, y recommaunde me to yow. Likea yow
to be remembred of the speche and communicacion was late be-
twene yow and me at Westminster before my lorde Chif Justise
and also what he seide and how that y conjured yow and ye con-
jured me ayen, and aile to the best entent to aile parties as y hope
to God, trustyng that ye buth and woll be the same man as there, or
better yf ye better may, and y the same after my sympell power by
my trauthe : apon the whiche communicacion as y seide to yow that
y wolde, and as ye seide my part was to spake with my lord Chaun-
celler, &c. and afterward Maister Bogger Kys and y were before my
two seid lordis to knowe of a rule and a departyng home, &c. Whas
rule and commaundement as y conceved was this, to make and
ensele nywe bondis yn to Candelmasse next comyng, and lenger yf
the parties wolde at oure comyng home ; and yn the mene 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 pe communicacion betwene yow and me
abovesaide, y sende to yow at this tyme praying yow to considre the
same, with more that hit is bot a short and a bysy tyme consyderyng
the grete parties and maters, with the circumstance and grete and
longe communicacion that is like to be. Wherfor y pray yow to préfixé
place day and tyme as ye woll resonabilly, and that as sone asye may
godely, the rather the levere,b and ye shall be ail redy and wyth aile
a Like—twice altered, and put in place of “praying.”
b tlie rather the levere : i.e. the sooner the bettsr.MAYOR OF EXETER, A.D. 1447-8.
25
thoo tliat longeth to be there, for oure party un failled ; so that noo
cause of tarying shallbe founde yn oure party with the grâce of God :
praying yow the same, &c. for ye a may fully conceve f t my felows
and y wold fayne hâve a gode ende and pees, prayng you to applie
yor god will and favor to the same. And how hit may please you to
do in j?s, y pray you to s[ende] hit me yn writyng and aile shall be
well wt pe grâce of God, whiche hâve yow yn kepyng. Amen. Writen
at Exeter the thursday (next) after Sent Lucie. [Dec. 14, 1447.]
VIII.
Shillingford to DowRiSH.b 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.
Right Worshipfull ser, y recommaunde me un to yow ; doyng
yow to understonde that as touchyng the grete maters yn debate by
twene my lord the Byssliop 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 y s put yn rule as hit appereth by a letter the whiche y hâve
sende to William Hengston, wherof y sende to yow a copy; as well
as of dyvers otlier bullis of supplicacions by the seide Maier and
a In place of the words from “ ye” to the end he had written originally as folio ws, but
substituted the other passage afterwards: “We wolde right fayne hâve an ende, ye ne noo
man conceyvyng for noo drede ne dowte that we hâve yn oure right, ne y John Shillyng,
for noo drede of grete wordes of malyce, disclaundres, longage, writvnges, 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 woll not be so rebuked ne y dulled, but the more boldeliere and
shapely after my sympell powere as the lawe woll to do my part as y am sworn to ; ne
ever the werce willed to aile gode communicacion and resonable meene to make a gode
ende, and thus y desire to be knowed and reported, for with the grâce of god y woll be oo
man, and the same man y hâve be.”
b Dowrish appears to hâve been one of the City’s counsel.
CAMD. SOC.	E26
LETTERS OF JOHN SHI'LLINGFORD,
Comminalte y putte yn be fore the seide lordis. The whiche copies
ail 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 ail my feloship and y pray yow right
hertly. And yn especyall that ye be oon of thoo pryncipall en-
differently to entrete ther ynne that most gode may do ther yn, and
with yow Eadeforde and Hengston, and so that William Beef be
oon with yow by your speciall meene to be brogh yn, for pleasur
and the better to ende the mater hardly with the grâce of God. Ye
may constre moche thyng &c. bot this aboveseide thus don, y dowte
noght, bot truste to God verily to hâve a gode ende and pees with
the grâce of God, whiche hâve yow ynh is kepyng. Amen. Writen
at Excetre on Wendisdey yn the vigill of Seynt Thomas the Apos-
tell.
Indorsed. A letter of advertysmentes.
IX.
Shillingford to the Bishop. Exeter, 24 Dec. 1447.
[Draft Letter.]
The Lords before whom the matter is “ in compremys” hâve postponed it until Candelmass
with a command that the parties sliould endeavour to agréé at home, as appears by a
letter lately sent by the Chancellor to the Bisshop. The Mayor and Comonalty are
ready to agréé. The City did not wish to dispute the Bisliop’s right to the Fee. The
Church and Cemetery are distinct from the Fee and not the same thing as it is now
de3ired to be set np 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 effect 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
recommaunde me un to your right gode and gracyous lordship.
Please hit your gode and gracious lordship to hâve yn knowlicheMAYOR 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 ofyor Cathedrall Churche
of the Cite of Exceter and the Maier and the Comminalte of the
seide Cite, the which maters by yor 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 commaunded nywe bondis to be made and
enseled to entrete yn to Candelmasse andlenger yf the parties myght
so aggre and accorde at their comyng home ; and yn the mene
tyme to entrete at home to shorte the mater to their hondis, and that
we myght not accorde therof they to make an ende ; and that by
longe tyme hath be my lorde Chauncelleris commaundement 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 myn excuse y our conseill beyng présent, and as y seid yn yor
presence yn the Chapetry hous of yor Cathedrall Churche of Excetre.
The whiche rule and commaundement the seid Maier and Commi-
nalte fully aggreed ham for their part and were ail redy to fulfille
hit at London and so buth yet her at home, and shall be yn ail wyse,
or eny other resonable entrety that may be moved or stured or by
yow commaunded, so hit be knowed to the pleasure of my seid lords
aboveseid, praying yow and yor parties and yow most specially of
your gode and gracious lordship to yeve your gode will and applie
yor favor to conforme to the same; considryng verily that we w^old
right fayne hâve a gode ende with yow as lawe, right, reson, and
gode consience requiren, with ail favor desired resonable that by
our part may be shewed or don, and to that is called your fe, most
specially bysekyng yor 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 hâve be forced therto by yor Arti-
culis of Complayntes and other actes of the same, or elles to lese our
rig(ht), &c. Also hit was never known ne seide bot that the seide
fe was a thyng by him self, and the seide Churche and Cimitere28
LETTEKS OP JOHN SHJLLINGFOKD,
another thyng by him self, as ye hâve supposed and claymed and
allegged by two tlie furst divers articulis tlierof made yn your furst
articulis of compleynts, withoute tliat yor Cathedrall Churcbe and
Cimitere be parcell of the seid fe or annexed therto, as hit is and shall
be well proved by évident writyng, witnesse, and other wyse. But
now late this last terme ye hâve supposed and leyde the seid fee
Churche and Cimitere to be conjoyntly contrary to yor furst clayme,
as hit openly appereth yn your furst articulis of yor provys to hâve a
color to the seide Churche and Cimitere by the seide fe, &c., as hit
is right well conceyved, and therto ye hâve aleyed for yor prove the
boke of domysdey, the whiche is no prove, and that we hâve and
shall comytte yn to the grete wysedomys of the lords abovseid. But
we truste to God, savyng yor gode lordshippe, the same boke shall
prove our entent as hit is proved and pleynly appereth yn our furst
answer to the seide same articule of yr provys. The whiche with
meny other thyngs shall be redy to be shewed before yor gode
lordships yf hit please you. But what conclusion that ever ther
folwe we trustyng to God to hâve yor gode lordship, we woll be
demened resonabilly wTith ail favor to the pleasur of your gode lord-
ship as hit is aboveseid, and of the seid fe most specially, ever bese-
kyng you and as we dar requyr you that ye woll applie yor blessed
favor and benyvolence to the gode ende and appeasynge of this
mater, after the will, désir, forme, effecte and entente ofdyvers bullis
of supplicacons by us y put and to be put yn be fore the lordes of
this mater, of the whiche bullis I sende to you copies by the berers
of this my pore writyng, whiche copies please hit yor gode and
gracious lordship at yor leysure to over se and fully conceyve, the
rather to hâve a gode ende as we truste to God : and like you
to knowe that y hâve Write to Copleston and Hengeston and
y spoke with Radeford 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 ail redye, &c. Bysek-
yng you of yor right gode and gracious lordship, as y hâve my
lord Chaunceller, to hâve me exscused of myn non comyng to youMAYOR OF EXETER, A.D. 1447-8.
29
as my dute hath be and is. Considryng verily if y myglit knowe
.... lordships pleasur and commaundement tlierto, the whiche
y wolde full fayne knowe and corne grete joye and comfort to aile
your puple and gostly cliildren of the Cite of Exceter and me most
specially; and how hit may please your gode lordeship to do and
commaunde us yn the rule and commaundement of the lords above-
seide to hâve yn knowliche by the berers of this my symple writyng
at yor pleasur. Please yor gode and gracious lordship to hâve yn
rembrance that I and ail the Comminalte of the seide Cite ben your
gostly children and yor men at yor commaundement and ever shall
be by Godd’s mercy, whiche preserve yor gode and gracious lordship
and yor blessed faderhed yn his higli mercy. Writen at Exceter the
xxiiii day of Décembre.
By yor awne servant and bedman,
J. Shillyngford.
Indorsed. A letter from the Jo. Shillingford, Maior, to the
bishop.
X.
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 “ vve intreat at home.” The City is willing. The Mayor is hurt at
some remarks of the Bishop’s.
After the recommendacion had yn the most godely wyse, ye shall
seye to my lord that the Maier yeveth yow yn commaundement to
seye, that my lorde Chaunceller greteth hym well and sendeth hym
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 lordship30
LETTERS OF JOHN SHILLINGF0RD,
atte reverence of my lorde Chaunceller to yeve leyser and attend -
ence therto ; seyyng also that hit is the Maier is part to hâve
corne hym self with tlie letter and exscuse, &c., and then how dan-
gerous hit was to make eny worthy man to corne to hym att tyme for
strange chere at Clist, &c., and that the Maier exscused hym ayenst
my seide lorde Chaunceller to brynge the letter, &c., and pro-
mytted to sende of the most worthiest as he hath, &c.
Item, that ye commende my lorde Chaunceller yn the most beste
and trusty wyse, and that hit is his commaundement and other
lordes, and longe tyme hath be, that we sholde entre te at home, the
whiche hath be the Maier is grete laboure the grete part of ail this
yere, and myghte noght be excepted therto, and so he hath re-
ported before the lordes as well as the furst coming to hym to Clist
to seke his gode lordeship and 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 présent, trustyng to God verely al for the best, and myche the
rather and the better to hâve 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 maters 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 same oo man and sarne
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 wt 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 his bénéfice. Make ye myche of this
matter and of the deme suying, and of the short chere at Cliste, and
the gode chere that the Maier had yn his Closet, bryngyng CotelerMAYOR OF EXETER, A.D. 1447-8.
31
to his gode grâce, y yet praying the same yf y may be herde, and
that ye desyre his gode leysur now, and but yf ye mowe now to
corne to hym ayen.
XI.
Instructions to Shillingford’s Deputy going to the
Bishop. (?) Dec. 1447.
[Original and Draft.]
He is to make his excuses for not coming to his Lordship at Chudleigh.
And after dywe recomendacion ye shall byseke my lord of his
gode lordship to hâve me exscused of myn non comyng to Chud-
legh. For yf aughte be by me 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 my lordis comaundement bot
the nyght before and that late, after candell tendyng, my hors bare
and my ridyng harneys being at Shillyngford, feloship not comyned
with ne warned who to ride with me. The whiche y cowde not ail
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 corne to Chudlegh yf me thoghte hit were to be done, &c.
. The whiche seyyng yn my sympelnys considerid, me thoght hit was
not to be don at that tyme, consideryng before ail thyngs the Kynges
right high furst comaundement, the rule of my lord Chaunceller and
the ij Chif Justises, and of their comaundement to ensele nywe
bondis and entrete at home with a resort ; wherapon men y
nempted, day y sette to entrete, and ail growith and is under the
Kynges furst comaundement ; and also considryng the bulle the
whiche y presented late to my lord Chaunceller, wherapon dyvers
letters were made, wherofa ye shall présente my lord copies ; Also
a whereof—whereof ail. B.32
LETTERS OF JOHN SHILLINGFORD,
y most considryng yn my sympelnesse that my lorde hadde no
knowliche of ail this laboure ne y no knowliche of his privy
comaundement as * ail tyme hath be hadde yn thés mater how
y sholde hâve governed me, and seide at Chudlegh y stondyng
mayer and of power, and yet havyng no power, ne noght may
do, seye, aggre, ne assent withoute communicacion hadde with
my feloship, a Comminalte whiche is harde to dele with, dredyng
my sympelnys lest eny thyng sliold hâve passed me the whiche yf
hit sholde hâve be noted right well, &c. the whiche ail this con-
siderid me thoght hit was not my part to corne to Chudlegh with-
oute more streiter 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
noa comaund me ayenst the Kyng’s comaundement, my wordis,
Works, and writyngs. Item ye shall seye to my lord that y hâve
do my dayly labour yn ail wyse, aswell here at home as at London,
and to my lord Chaunceller 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 Chaunceller. And so y hâve do
as moche as y can mây and dar do by my trauthe to bryng the mater
ail 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 my lord not mystrustyngb
me orc lete me be dyscharged of the privy conseil of the mater, for
Thomas Cooke tolde to me so that y sholde not hâve knowe of the
privy communicacion betwene the Bysshop and my lord at his
rather beyng at Chudlegh for drede of discoveryng ne hadde be,
that noght myght be do w*oute me as mayer.
Indorsed, A lettre of John Shillingfordes for excuse because he
could not resort to the Byshop at Chudleigh.
* not—noght. B.	b mystrustyng—mystrute. B.	c To—or to. B.MAYOR OF EXETER, A.D. 1447-8.
33
XII.
H. Webber, priest, on behalf of the Bishop, to the
Eecoreer (?) 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
entierly recommendacion with ail worship and reverence, my lord
the Bysshop of Excetre, of whas commaundement y Write un to
you at this tyme, 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 b your letter he receyved a
long and riglit 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
supplicacions by hym made ther a fore, yn the whiche letters ye as
yn youre by the enformacion of the seyde Mayer, and the seide
Mayer as yn his letters conceyved, atte laste terme 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, Sr, what the departyng and
how at the laste terme was a fore my seid lord the Chaunceller and
the seide Justises my 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 communicacion to be
hadde after the effecte that ye commyned with my seid lord sum
a There was a consultation in the Chapter House, Lent 1447 8.—See Extracts from '
Receiver’s Accounts in the Appendix.
b Originally “ hadde receyved.”
CAMD. SOC.
F34
LETTERS OF JOHN SHILLINGFORD,
tyme at Excetre, and yn maner so the seide Maier writetli hym self
to my seid lord, with maters of pretens contrarye articulis and other
allegauncies and remissions yn to meny diffuse supplicacions, seyng
furdermore that he hath writen to John Copleston and William
Hendiston for the same communicacion 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 communicacion myght be hadde
yn haste, and he woll do the seide John Copleston and William
Hendeston to be at Excetre with other as well of the Chapitre is
counseill as of his awne atte next session of peas. So that the
seide communicacion be no longe délayé to hyndryng of his
Churche and of his right, for trewly he woll noo long délayés
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 woll applie hym self therto
with gode will : and where ye wrote yn to my seide lorde that he
moved to yow that William Hendeston and ye a certyn day limited
by yow and by my seid lord for to commune for the gode ende to
be hadde yn the seide maters, and he kepte not his day, my seid
lord seith that ye knowe well by certefyyng of right worthy men
that he myght 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 communicacion was
be ease and litell fruité theron. And he seith that sith he came
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 woldenoo more therof Notheles my seide lord, seyng
your gode will, whiche ben of counseill with his Churche, wytha 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
grâce of God John a Copleston and William Hendeston and other,
as hit is aboveseid, shall be a redy to commune with yow under the
a 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 hâve
founde yn your person ever, my seid lord woll 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 myght be cause of the gode ende and peasyng of
the seide maters. And yf y myght se that hit myght take effectuait
and a spedefull ende, y sey yow feithfully y shall do my part truly
therto with the grâce of God, the which hâve yow ever yn his
gracyous kepyng, and my seid lord praied yow that ye wolle notise
his wyll aboveseid to the seid Maier and to such other as your
worthy and appreved discrecion 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 lias
well understood. What to do he cannot yet be “ redely avysed,” but will do as best
he can.
Right 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 my sympell conceyt y yn aile
thynges hâve well understonde, and y am and was before that letter
fully remembred of ail thynges that is comprehended theryn, as
specially of Stokewode, as well as more of the entrety some tyme
moved by Sir William Bonevill, and of the communycacion ther36
LETTERS OF JOHN 8HIELINGFORD,
upon hadde at London, and specially yn the Cloyster at Paulys, the
right grete of the parties, with theire conseille, and moche other
puple beyng présent ; what was comyned, moved, stured, desired,
and by whom ; how hit was procured and shortly throwen 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 Kichard 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 most
doe as y se the mater woll be ruled, and as y can, may, and dar
do, eschewyng variance, breche, throwyng of, and yndyngnacion
specially, and so y shall by the grâce of God,a whiche hâve yow yn
his kepyng. Amen.
XIV.
Shillingford to his Fellows. 3 Feb. 1447-8.
[Original and draft.b]
The Buckhorn was presented on Candlemas day. On that day he was with the Chan-
celior at mass and presented his candie to him, and “ abode there to méat by my
lord’s commandaient.” 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 me bot on Candelmasse yeven [afternone
somewh]at better late than never, whiche bukhorn was presented to
my lord on Candelmasse 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 mowthe. That day was y
a by the grâce of God —originally “ so far as God will yeve me wyt and grâce."
b The words in brackets are filled in from the draft, here called B.MAY OR OF EXETER, A.D. 1447-8.
37
at Lambeth with my lorde at masse, and offered my candelle [to
my lord is] blessed bond, y knelyng adoun offeryng my candell.
My lord with laghyng chere upon me seide hertely, “ Graunt mercy,
Mayer,” &c. That same day y abode there to mete by my seide
lordis commaundement ; [y mette] with my lorde atte high table
ende comyng to meteward, and as sone as ever he saw me 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 hâve had
better stuf and other thynges, &c. Y went forth with hym to the
myddis of the halle, he stondyng yn his astate ayenst the fire a grete
whiles, and ij bisshoppis, the ij Chif Justises, and other lordis,
knyghtes, and squyers,a and other comyn puple grete multitude, the
halle fulle, aile stondyng a far apart fro hym, y knelyng by hym, and
after recommendacion y moved hym of oure mater shortly as tyme
asked, and yn especiall of the ij Chif Justises beyng there, bysekyng
hym or their departyng to cal le ham to hym for oure mater ; he seid
hertly with right godewill, and prayed God that ther myght be
right a gode ende ; and y thanked hym and seide with his gode
lordship we were almost thurgh and at an ende, y seyyng also by
these menys “ My lord, y hâve 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.” Y seide, “ 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 my lorde and spake with hym right a grete while, so that he
called the Justises to hym and moved of oure mater. Y wolde hâve
seide, &c. the Chif Justise toke upon hym to seye, &c. and seide
moche thyng for oure part, and quytte hym a gode manb to us.
squyers—“ quyers B.
b man—originally “ lord.” B.38	LETTERS OF JOHN SHtLLINGFORD,
Furst he reherced how we were broght yn be fore tham by the
Kynges commaundement, how we wolde hâve be dysmyssed and
discharged fro tham,a 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 atb myschif, &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
more communicacion of oure mater. Afterward y spake with the
ijde Chif Justise 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 seidc therto for oure part. [After this
we toke our leve, and y yn my leve takyng seyyng [these] wordis,
“ My lord, hâve mercy and pyty apoun that pore Cite, Jésus vidit
civitatem et flevit super eam also bysekyng him to yeve me leve
to sywe to his gode lordship to hâve the mater refourmed as hit is
aboveseide ; he seide y sholde be right welle corne what tyme that
ever y corne, 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,d to the whiche recorde with avys of conseill
y thynge bolde[ly to] appere forthwith this terme, &c. and y hope
hit sliall be right well as the cas stoondeth, and better than hit was
desired and like to hâve be atte last entrety at home, with the grâce
of God, whiche hâve you in his kepyng. Writen at London the
morun after Candelmasse day. [3 Feb. 1447-8.]
John	7
By Shillingford, 1 M’ ofExcetre-
Indorsed. After makyng of this letter y receyved a Copy of a
writte ayenst John Huile, as h[ere folowyth].
a See the Pétition to the King in the Appendix.
b at—originally “yn.M B.
c and so seid—originally “ and seyde right blessedly ” in B.
d See end of letter.î	e “ thenke ” in the draft.MAYOR OF EXETEIl, A.D. 1447-8.
39
Devonia. Distringas Johannem Hull de Exonia in Comitatu tuo
marchaunt per omnes terras, &c. respondenduin octabis Purifica-
tionis Thome.................ipse simul eum Ricardo Toher de
Exonia Sherman vi et armis in ipsum Thomam apud Exoniam
................imprisonavit, &c. et ipsum in prisona quousque
idem Thomas finem per centum solidos pro deliberatione s . . . .
. . . Ricardo et Johanne fecisset, &c. Et alia contra, &c.
% On a ryder ;—
Devonia. De termino Sancti Hillarii anno regni Regis Henrici vj.
xxvj0. rotulo lix°. Distringas Majorem et Communitatem Civitatis
Exonie Octabis (sic) Purificationis Johanni Notte clerico vi et armis
ipsum Johannem apud Exoniam absque causa rationabili ceperunt
et imprisonaverunt et ipsum ibidem sic in prisona contra legem et
consuetudinem regni nostri Anglie diu detinuerunt. Et alia, &c.
Addressed. To John Coteler, lu tenant, Thomas Cook, John
Germyn, Walter Pope, Richard 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-
aient, and to stay the suit at common law.
Please hit yn to youre right gode and gracyous Lordship of
youre specyall grâce and favor to write unto the right reverend
fader yn God and blessed man yn hym self Edmund Bysshop of the
Cathedrall churche of Excetre and to the Deane and Chapitre of
the same, as touchyng the grete mater yn variance that by long
tyme hath honged betwene the seid Bysshop, Deane and Chapitre
and the Maier and Communalte of the seid cite ; furst, yf hit please40
LETTERS OF JOHN SHTLLINGFORD,
yow, recytyng 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 su te,
ynstance, and laboure to his highnesse therof made, at whiche tyme
the seide mayer and communalte wolde full fayne to hâve be
dysmyssed a large and the mater to hâve be determyned atte comyn
lawe, bot for drede of the seide commaundement, to tham right
ferfull, obeyed and bounden tliem to abide the rule of youre gode
lordeship and the seide two chif justises after the seide commaunde-
mente ; and so they hâve governed tham, don and fulfilled ail 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
hâve 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 J?e Kyng, evyng yn com-
maundement to the seid parties to go home, nywe bondis to be
made and enseled yn to Candelmasse, and yn the mene tyme to
entrete at home to shorte the mater to youre blessed Lordis, and so
an ende to hâve be made this terme. Bot as ye beeth enfourmed by
the part of the seide Mayer and Communalte that they beeth varied
fro the seide comaundements and suyth a large atte comyn lawe to
yow grete mervaylle if hit so be, praying tham specially at this
tyme to be refourmed and confourme tham to the seide com-
maundement, the whiche the seide Maier and Communalte hâve
and woll yn aile wise obeye, abide, and be bounde therto, as they
seyn, to hâve a gode ende and pees ; and as us thenkyth hit is yor
part to do the same; and so we woll that ye do atte reverence of
Godes pleasure, of the Kyng, and oure worship, and as ye woll yese
and pees yn this mater ; and ellis to oonswer the Kynges com-
maundement and oure rule, and to lete us hâve yn knowleche why
ye woll not.a
a The latter part of this pétition shows that it was only a draft. The last sentences
were evidentlv intended to be employed by tlie Chancellor in addressing the Bishop.MAYOR OF EXETER, AD. 1447-8.
41
XVI.
The Archbishop of Canterbury to the Bishop of
Exeter. Lambeth, 16 Feb., 1447-8,
Begging him to refrain from proceeding at Coramon Law because the matter is by liis
labour and that of the Justices in course of seulement 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.
Ryght Worshipfull and wyth ail my herte rigbt welbeloved
Brother, I grete you well full hertly. And suppose ve be well
remembrid liowe that matier whiche longe tyme hath abiden yn
travers bitwixte yow, your Brethren and myn, your Deane and
Chapitre of yowre churclie of Excetre, and the Mayer and the Com-
minalte of the same, by speciall comaundement of the Kyng was
commytted and putte to the rule of the two chief Justises and me,
wheryn as God knowytli they and I hâve laboured long tyme, and
specially the last term yn our effectuall wyse for the gode of pease
and sure conclusion to growe therof, bryngyngthe matier by daylie
labour to grete ripenesse the soner therby to hâve 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 enselid at home by bothe parties unto Can-
delmasse last passed trustyng the matier to hâve be comyned and
yn partie entreted at home. And as nowe we wold hâve preceded
theryn to somme gode conclusion ; and the matier is attained at
large yn the comyn lawe: We praye yow as yet that, notwith-
stondyng havyng consideracion the seide Mayer and Comminaîte
hâve att ail tymes and yet ben as they seyen redy to obey and
abide ail entrety, yow like to putte the matier 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 woll putte to owr labour to the remedy
CAMD. SOC.	O42
LETTERS OF JOHN SIIILLINGFORD,
and redresse therof with ail our hertis and power. And almyghty
Jhesu hâve yow ever yn his keeping. Writen at Lamehithe the
xvj daye of February,
J. Archebysshop of Caunterbury.
Indorsed. The besshop of Canterbury to the bisliop 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 whiclie 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 hâve hadde grete laboure ; y pray yow,
considryng the mater is attainyd at large in the comyn lawe not
likely by that mene to be ended lightly, as your wysedom knowyth
well, yow like at this tyme yn your beyng ther to move and enduce
my seid Brother and aile parties to putte the mater yn entrety at
home, trustyng as me semyth fully wyth more charité 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 hâve
yow yn his kepyng. Writen, &c.
The bishop of Canterbury unto the lord Cheff Justice for an
intrety to be had.
XVIII.
Instructions to Richard Druell, drawn by Shillingford.
Lent, 1447-8. [Draft.]
Druell is to recommend the Mayor, &c. to the Lord Chancellor. Pray him to remember
howtlie Mayor last departed from him, and specially of the communication had with
him theSunday morning beforethe Mayor departed in his “ynner charnier ” 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 Huile, John Coteler, and you Richard
Druell. The Bishop sent Canon Kys to treat with the May or, who refused to treat
with any one but the Bishop ; but they agreed to refer matters to counsel on eitlier
side, and met at the Cathédral, Copleston, Hingston, 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 Cathédral on Monday morning “at 10 atte belle ” and
was assigned to corne before the Bishop in the Chapter House. ? Lent, 1447-8.
Furst ye shall recommende the Maier and ail the hole comminalte
of the Cite of Excetre to my lorde Chaunceller is gode and gracyous
lordship as his awne puple and true bedmen, and at his commaunde-
inent at aile tyme redy, and that this be seide with more after your
discrecyon yn the most godely wyse and under the most best and
convenyent termys as longeth to his high astate and plesure as
lord. Y sey for my self by my trawthe and for ail the seide Com-
minalte as y suppose* yn wham after the Kyng your soverayn lorde
we hâve most feith hope and truste verylye* ever thankyng hym of
ail 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 man and the Comminalte of the seyde Cite of that other part,
the which mater, with the grâce of God, with contynuance 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 recommendacion and thanks ye shall praye my seyde
lorde of his gracyous lordship to be remembred how the seide Mayer
last departed fro hym, and specially of the communicacion 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
Lambyth, wher y moved my lord of meny dyvers maters and yn44
LETTERS OF JOHN SHILLING FORD,
especyall of my lord Bysshop of Excetre and of the grete mater
hongyng yn debate by twene bym tlie Dean and Chapiter and the
seide Cyte, and bow that as y supposed tbat my seide lorde of
Exceter had no more knawlyche of tbe grounde of this mater then
tbe ymage yn the cloth of areys tlier, &c. and yf he knyw the right
title and gronnde of this mater, considryng his blessednesse holy
lyyynge 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 Chaunceller
hath showed and don as well to my seid lord Bysshop of Excetre
Dean and Chapitres part as to the Cite of Excetre and elles not, &c.
My seyde lord Chaunceller conceyved and consydred me well, and
seyde that y sholde hâve 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
haveatokyn to Sir John Wulston to hâve 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 hym. Y seide of lesse then they wolde answer to the
articulis y sholde never enduce my felowship to no suche* entrety ; and
thus y hadde my leve and departed fro my lorde and came home to
Excetre, &c. Item, ye shall enfourme my lorde of the governance
at Excetre tyme of assise and specially of the wacche and kepyng of
]?e pees, and how that my lord of Excetre is tcnantis were somned
to corne 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 Justise and so they didde, and
how the Justise demened hit, so that the seyde tenants wolde hâve
corne 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 “ noue.”MAYOR OF EXETER, A.D. 1417-8.
45
eny man to corne to the wacche that they sliolde breke bis hed,
wherof bit was like to bave be rigbt mycbe a do and grete troble.
Kerthelez tbe pees by tbe mayeres rule well y kepte and ail otber
thynggis so don tbat y truste to God tbe Justise woll reporte the
beste.
Item ye sball enfourme my lorde how tbat y sende his letter to
my lord Bysshop of Excetre by John Huile, John Coteler, and
yow Richard Druell ; bow godeley tbe letter was receyved, what
gode cbere and welfare tliey hadde there, and tbe answer tbat tbey
badde to the letter; tbat my lorde the Bysshop seyde that bit was
not his part ne noght wolde comyne ne bire therof, but that be
wolde sende his Counseill Copleston specyally to comyne of tbat
mater, &c. and so the seyde John Huile, John Coteler, and Druell
departed, &c. Sone afterward came to tbe Mayer fro my seyde
lord Bysshop of Excetre Sir Rogger Kys, chanon, and seyde tbat
he badde a bulle y corne fro my lorde of Excetre, tbat lie sholde
speke with tbe Mayer there to know bis entent of the seyde letter,
and so to reporte to my lorde. Tbe seide Mayer seide to hym ayen
tbat be cowdea no skyll to speke entrete ne uttre no mater to my
seyde lord Bysshop by mene. And tbat tbe seyde Maier conceyved
and knywe right well tbat bis seyde lorde Bysshop toke unworthy
as be myglite rigbt well for sympelnesse and poverte to speke or
entrete with hym. Nerthelez be seyde suche sympell as be was he
was Mayer of Excetre and badde yn comaundement of my lord
Chaunceller to speke, uttre maters, and entrete with hymself. Wher-
for be seyde tbat be after my lordes commaundement and as Mayer
of Excetre be wolde boldely take bit upon hym, &c. Kys wolde
no ferther yn tbat, but moved and stured of other divers entreteys.b
And y seide ayen, sithen tbat they wolde leye tbis entrety apart,
wbat ever entrety tbey wolde move, sture, or desire resonable bit
sholde be aggreed, so tbat no defaute shoulde be founde yn oure
» cowde—oowde, MS.
b “ And yn especiall to hâve 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 condueended yn this wyse: ij men to be nempted of
aytber connseyll to sette aytber party yn rule of entrety; hit was
aggreed, men of connseyll y nempted, and a dey y sette at Seynt
Peter’s. They nempted Coplestone yn certeyn, Hengston or Wode
for their part. Y, Mayer, nempted Radeforde in certeyn; Hody,
Beef, or Douryssli as y myghte gete, and so departed. The whiche
dey at Seynt Peter’s we mette w7ith bothe counseill, but they
fayled of Hengston and broghte Copleston and More. We faylled
Radeford and broghte Beef and Douryshe ; wher was myche com-
municacion, ye Druell beyng présent at that tyme and at every
doyng and communicacion sithen; wherof y pray yow to remembre
yow right well and enfourme my lorde of ail 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
hâve hadde, and latyst specially, and how the counseyll at Seynt
Peteres Churche tyme aboveseyde, seyde hit was reson that we hadde
answers to onre 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 tliis mater : they
seide nay, and so our 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 wt hym of the
maters comprehended yn the letter that my lorde Chaunceller sende
to hym by the Mayer; of the whiche warnyng the Mayer was fowle
astoned and encombred, and seyde that this was grete mervaille to
hym, trustyng to God that it w7as not my lorde Chauncelleres corn-MAYOR OF EXETER, A D. 1447-8.
47
maimdement that my lorde of Excetre should corne so, but tliat tlie
seyde Mayer witli other of bis felowship sholde corne to bym at bis
assignement and callyng as tbeir parte is, and wolde w* rigbt gode
will to comyne after tbe commaundement and the entent of tbe seyde
letter, and thought tbat my lord of Exceter were avysed and ruled
so to corne for so myche as the matter of tbe 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 commaundement,
nother speke ne entrete w* hym of tbis matter, prayng so to hâve
me ascused ; but yf he wolde nedys tbus corne, y wl my felowship
wolde awayte apon his gode lordeship, and comyng w* ail 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 my lord for my lord was comyng. 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 tliey
shold take this for none ans were, for the mater tochith the grete
Comminalte of the Cite of Exceter as well as hym. But communi-
cacion y hadde w1 felowship they sholde hâve an answer. Cople-
ston seyde hit most be don forth with, for my lorde was comyng.
The Maier seyde he most hâve resonable tyme for callyng and of
communicacion, and desyred ij oures, oône 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 they
were answered that the Mayer w* aile the worthy of the Cite
wolde awayte apon his gode lordship and his comyng. And at aile
tymes to be ail redy to corne to his commaundement to his presence
and specially suche as he wolde calle accordant to the writyng of
my lord of Canterbury. At yevensonge tyme my lorde the Bysshop
was corne, the Mayer wt aile the worthy as ys aboveseide and
grete parte of the Comminalte, a fair felowship hardly, wayted apon48
LETTERS OF JOHN SHILLINGFORD,
hym as is aboveseid,a and well comed hym 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 hym 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 tô the Maier that he was corne to
towne by commaundement of my lorde Chaunceller to speke with
hym, and seyde that he sholde seye what that he wolde. The
Maier answered and seyde he trusted to God that my lorde Chaun-
celler commanded not so, and bthat he right hevy was of his grete
laboure at that tyme and that hit neded not, for yf he had send for
the Maierb and suche of his felowship as hit plesed hym to hâve
corne to hym tliey wolde hâve corne to hym 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 commaundement
of my lorde Chaunceller, praying hym forthermore and bysechyng
hym of his gode and gracious lordship to be oure gode lord as he
hath be before this tyme, with myche more &c. 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 hâve w1 me at this communicacion of my felows suche
as hit pleased yow. And at your commaundement my seide lorde
seide y sholde take wham that y wolde, there stode right y noghc
abowte. The Maier seide yf he sholde so do he most comyne
w1 hys felowship wham he sholde hâve, and that oon of them
that they wolde hâve as he knywe well was Thomas Cook seke lame
at home, and so prayed my lorde most specially of his gode and
a after aboveseide—“ w* ail the reverence that they cowde ”—struck out.
b “that’* to “ Maier” put in place of 44 that hit longeth to his astate to hâve bide at
home and to hâve commaunded the seide Mayer to corne to hym.”
c ynogh—first written “ ynowe.”MAYOR O F EXETER, A.D. 1447-8.
49
gracious lordship to hâve 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 speeiall writyng that he hadde promysed
to my lorde Chaunceller that sholde make an ende of ail the mater,
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 made noo suche speeiall promys, and that he trusteth to
God my lord Chaunceller woll 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 proferred 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 moved hym yf eny thyng wer by commaundement fro
my lorde Chaunceller to call hym therfor, they wer at aile tymes
redy to obeye, do, and corne by his commaundement, and so
bysoghte hym to take and reporte us, &c.
At whiche tyme, at x atte belle, by assignement of my seide lorde
the Bysshop, the seide Maier and his felowship w* their coun-
seyll awayted apon my seide lorde the Bysshop in Seynt Peteres
Churche of Excetre, and there and at that tyme they were assigned
to corne be fore hym yn the Chapitre hous of Seynt Peteres.
Mémorandum. To hâve yn mynde of a blynde entrety, and how
hit hath be ladde forth thus hiderto.
Mémorandum. Of the priestis that beth endyted.
Indorsed. A letter of Instructions to Kichard Druell.
CAMD. SOC.
H50
LETTERS OF JOHN SHILLINGFORD,
XIX.
Shilling!'ord to the Chancellor. Soon after 13 Mardi,
1447-8. [Draft Letter.]
The parties hâve been in treaty before Sir Richard Newton, Chief Justice of the Coramon
Pleas, at Exeter, and also before the Bishop at Crediton. Hopes for a “gode ende.”
Please liit your gode and gracions lordship to hâve yn your
blessid remembraunce as touchyng the grete matiers 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
Cominalte yor owne puple and poore bedemen of the seid Cite of
Excetre, how hit pleased yor gode and gracious lordshippe this same
terme of Seynt Hillary to write a lettre unto my scid lord the
Bysshop of Excetre, to hâve the seyd matier yn trete at home as a
hit was bi your lordship comaunded ata Mighelmasse terme, whiche
lettre ye yeve me yn spécial comaundement to bere my self to my
seid lord of Excetre; afterb which comaundement I toke hit apoun me
and so did, where, through favoure of yor c gode lordship, I ferid
wel, had gode chere, and was yn the best wise right wel corne, and
al thing comprehendid yn yor lettris yn fui godely wise take,
obeyed, assent, and agreed. Radford and Copleston to bed at
Excetre to trete yn the matyer; and so thei were at tyme of assises,
at whiche tyme Sr Richard Neuton, chief Justise of the Comun
plece, called the parties before him, and the seid John Copston
and N. Radford, and there he liardly did indifferently his true
tendre and diligent labor and parte for the gode appesyng and
welfare of bothe parties yn the seid mater, after the effect and
extent of ye blessid lettre fro your lordship to him send by me.
* as to at—originally “ after yor comaundement yn.’,
b after—originally “ at.”	c where to yor—originally “ where for yor love.*’
d to be—originally “ beyng.”MAYOR OF EXETER, A.D. 1447-8.
51
Whereapon day was assigned on Wensday next after Passion
Sonday a . . . . the seid Copleston and Radford to intrete of this
mater; at whiche day the seid Copston and Radford, 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
présent. And there and at that tyme ab reule was mouthid and
hadb accordyng to the forme of a condicion of an obligation,
whereof I hâve send to yor lordsliip a copy yn this lettre, to whiche
bothe parties at that tyme aggreed and assentid ham, ac spécial
communication had beforec with the seid justise by me the seyd . . .
my counseil and felowship ; trustying to God and to yor gode lord-
ship to hâve right a gode ende. And, yf noe, ever to resorte to
your gode lordsliip accordant to the kynges comaundement, by
Goddis mercy, whiche preserve yor gode lordship in his high mercy.
XX.
Shillingford to Druell. After Lent, 1447-8.
Instructions to speak to the Chancellor upon the matter.
Furst, ye shall remembre my lord how ye last departed fro hym
by your olde enstruccion. Item, déclaré hym yn especiale of vyw
de Franke plegge, what hit is, and as many thyngis as hit drawith to
hym as fer as ye can, the whiche no lerned man can well déclaré,
ther beth so many. Item, how the cite stondeth entitled theryn,
&c. Item, ye shall enfourme hym of the grete laboure that hath
ben at London sithenys, &c. by an enstruccon and letter that sholde
hâve be sende home, yn the whiche is conteyned shortly myche of
the grete laboure that hath [be] at London. Also ye shall enfourme
a 13 March, 1447-8.
b a to had—originally “ the seyd Copston and Radford made a reule as hit apperjth
yn/* then “ a reule was had and made by the seyd Copston and Radford.”
c a to before—originally “ moreover ther was a communicacion had.’*52
LETTERS OF JOHN SHILLING FORD,
hym of the Justyses comyngyn 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 of the wacche, and how that the Bysshoppis counseyll was
w* the Maier, makyng 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 woll do more ; of lessea then they wold corne when
they were somned, that he wold streitly punysshe ham, and that
they sholde knowe well.b The Maier made his grete querell to the
seide Bysshoppis counsell, seyyng that they hadde forbode the
Bysshoppis tenants every apon payn of xls that they sholde not
corne to wacche, and that they had seyd that yf eny 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 made right grete wayward longage to tham.c The
Maier seide waywardly he wolde do more, he wolde make levy
bothe of the Citeseyn spendyng and the fe ferme, and that he wolde
well avowe, and bade ham of ail to enforme the Justise therof, and
that he wolde do the same, and so the Maier did, and the Justise to
ail thyng for the cite is part yn resonabilly gode wyse toke hit, and
yn especiall the wacche yn the best wyse, so that they woll wacche
now w4 a gode wyll, and beth gode men and eysy as at Radwey.d
IVherof y pray yow to enforme my lord of ail 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 Gerrnyn,
and then ye shall speke to hym for the Mayer of Pencrygge, w4 ail
a of lesse,—in the sense of “ unless,” as in a previous page, and again in p. 70.
b well—after this there was *‘and seid to ham that they sholde enfourme the Justise
thereof, and so they did.”
c 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.”
d Radwey was one of the Bishop’s seats. The allusion appears to be to the obedience
and good conduct of the Biahop's men there as compared to that of his men in the City.MAYOR OP EXETER, A.D. 1447-8.
53
the grete circumstance. Y pray yow to remembre yow of ail thyngs
therof. After this ye shall speke to hym for the Mayer, tbat the
Mayer tbat is and shalbe some tyme, may not ne shall not mow
dar a 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 ryght by his comaundement.
Furst, oon Wouston, my lordes tenant, and Richard Prewe. Also
the jugement by twene Broghton and the Glasier, and by twene
John Husset versus John Notte, and specially of Sr John Notte of
his fyn. Item in speciall of Sr Thomas Gogh, how he is take
out of Court, and the Court stondeth y charged w4 hym in dyvers
wyse, and Sr William Slug defauteth ryght, and meny other[s] that
wolde sywe ayenst hym ther. Item, of William Hampton, he
remayneth by wey of execucion contrary ayenst ye lawe as hit is
supposed, and lith yn grete myschif. Also afte tymes [the Mayor]
hath not dar do the lawe and execucon thereof, as right requyreth,
apon his tenants, mayny and other, as Huxhill, John Fyle gold-
smyth, most specially Robert May and his wyf, by wham the Mayer
is rebuked, &c. Richard Ree specially ; his mynstral made affray
apon a woman, and wold hâve ravasshed hir. Sr Thomas Gogh
made affray and toke the churche late. Forest seide Y Y seyd Sr
Thomas was my lordes man. John Hussett arest a Saterdey, he
most be delyvored to make my lordes work. Thomas Mayer ynter-
ruptyng our franchise a Lammasse yeven. Of aile these and right
meny moo ]?e Mayer hath not dar do right lawe ne execucon, for
now almost every man taketh color by my lord. Bysekyng J?s to be
remedyed, and also of beryng of the mace w^ut Westyeat and of
Y brygge b while seson ys.
a -dar—after this “ for drede of my lorde n hasbeen struck out.
b pe brygge—Exbridge was in decay at tliis time ; fehillingford made great efforts to
restore it. See his pétition in the Appendix.54
LETTERS OF JOHN SHILLINGFORD,
XXI.
Shillingford to his Deputt 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 hâve
changed their conduct, and behave peacefully.
* ***** *
......of ail 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.
..........Cominalte of the said Cite of that other parte. The
whiclie hnater with the grâce of God............and
gracious endifferent Lordeship of my saide Lorde, with leiser shall
take gode effecte and ende and rig.........partyes.
After this recommendacion and thankys ye shall remembre my
Lord how ye laste departed fro hym and sh..to relierce
to hym the articulis that comyth to yowre mynde, that beth corn-
prehended yn the olde enstrucc[ion], the whiche ye delyvered un
to my Lorde ayenst the Mayeris wyll, savynge my L or des com-
maundement, ffor sympelnys of enditynge and writynge, con-
sideryng his high astate ; bisechyng hym to hâve the articulis ayen,
yff hit plese hym, for youre better enstruccion; ffor this cause that
y wolde noglit 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
notlier mene ; and if my Lorde wyll that the same boke shall be
avowed, hit shall be a bide by, and pryved trywe every poynte
comprehended theryn.
Forthermore, ye shall remembre my Lorde of oure comyngeMAYOR OF EXETER, A.D. 1447-8.
55-
haste to London ; of oure beynge tlier ; and how we departed
tbens. Ferst, howe we cam thider, and kepte oure daye, by the
Kynges commaundement and by my saide Lordes, atte ferst day of
the xve, and sholde hâve receved the articulis the Wendisday next
after. But by the speciall dilygent and tendre laboure, ferst of
M. John Druell, y oure 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 witli the articulis un to oure comynge 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 comynge home ; wher to we
truste [d] fully, and ther for called no more upon my Lorde to hâve
the articulis delyvered there ; and elles we wolde truly to hâve had
tyme fro that xve ynto this xve to hâve made oure answere, and
yet that tyme had be full shorte, considerynge, etc. How we sped
whenne we corne home, hit is comprehended yn the olde forsaide
enstr[uc]cyon, ail most anon to the ende of the Parlement. What
hath be seide and don sithen ye corne ho [me] fro the Parlement,
ye knowe right well ; ye hâve be at aile tymes présent. Apon the
deliverance of whiche ar[ticulis] to us covenant was at London
that we sholde hâve had a communicacion to breve the mater at
home ayenst oure comynge to London at thys tyme, to my Lordes
eyse and pleisere. How y hâve labored and called daylly to hâve
the articulis delyvered, and communicacion 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,a and that full sympelly yn
paper, and afterwarde, at oure prayer and request, yn parchement,
but noght endented, as covenant was ; they exscused ham, and wolde
noglit therof. Y wolde hâve comyned w* ham to hâve breved the
mater, as covenant was, and as hit is aforsaide ; and they seyde they
hadde no power therto, ne cowde ne wolde not, but hire ail thynge
that y wolde seye, and eve me none answere, but reporte me. And
a 4 April 1448.56
LETTERS OP JOHN SHILLINGtFORD,
/ '
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 comynge
be fore my saide Lorde atte terme, at his eise and pleisere. They
wolde therof yn no wise, but made protestacion, as tochynge the
articulis, that they wolde addere ada diminuerez 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
hâve called upon almost dailly to hâve the articulis delyvered, and
a communicacion tlier uppon yn this mater, as hit is abovesaid ; the
whiche if hit had be had, w1 the grâce of God, hit sholde hâve
breved the mater, and turned to eyse to aile parties, and to my
Lordis pleisere. And thus hit apperetli hit is noght oure defaute,
trustynge to God that oure party ad vers woll seye the same and
they hâve seyde. And y seye by my trowtlie, as y conceve, hyt is
not myche theire defaute, that we hâve spoke and treted there with
none of the Chanons at Excetre, ffor they hâve be and beth right
yvell apayed of this longe tarynge and délayé of the articulis, and
of myche other thynge, and yn the best wise wylled to entre te 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.
Ferthermore, y pray yow, what reporte that ever hath be made
ayenst us by the Chanons part afore this tyme, for oure blâme, that
noght withstondvnge, 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 they ris by theyre governance hâve governed ham yn the
most best, gentyll, and saddist wise, to ail ententis, sithen oure
departynge fro London. Ferst, they seynge the streyte rule that
» Sic MS.MAYOR OF EXETER, A.D. 1447-8.
57
tlie Mayer sette in the Cite for kepynge of the pees, they confourmed
ham to the same, and ruled ham and aile they ris ther after, and so,
blessed be God, that ail nyght walkynge, yvell longage, visagynge,
sholdrynge, and ail riatous rule, is lefte, and gode rule y-come yn
place, y-blessed be God and my Lord Chaunceller. 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 ail groweth of my Lord Chaunceller, as [hit]
is well conceyed. God continue hit! For y thera seye hit feith-
fully, yf this rule had be had and kept a fore this tyme, we hadde
ne ver be yn this debate ; and yf it be contynued, myclie hertis eyse ;
the [strife ?] to be at an ende, and never to be yn debate no more,
w1 the grâce of God. For now, if eny thynge be amys yn theire
parte, the Mayer sendeth to tham 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 mater, hath do eyse, pryvynge the wyll and the
pacyence of bothe parties, as now is pryved every day better then
other ; w* this, that my saide Lord Lordb Chaunceller be gode and
gracious Lorde to oure partie to hâve resonable dey to make an
answere to the articulis, considerynge longe tyme that they hâve
hadde yn makynge of the articulis, fro the xve of Seynt Hillary yn
to the xve of Pasche ; and yet they hâve not nywe made ham, but
corrected the oide, that were delyvered to us yn the xve of Seynt
Mighell, yn the whiche the substance of the nywe articulis ys
myche comprehended. And so, as hit appereth, they hâve had tyme
of makynge 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
a ther ; i.e. dare.	b Sic, MS.
CAMD. SOC.
I58
LETTERS OF 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
cleymetb to hâve the Cimitéré fre, ceperat fro the Cite of Excetre.a
A notlier articleb that they cleymeth to hâve 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 tyme then is the Cite. And if hit
so be, hit is harde to answere. Hit asketh meny grete encerchis ;
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 Receyt, and yn the Towre ; and aile these
encerches asketh grete laboure longe tyme, as after this, to make
oure articulis, we hâve meny true ayenst oon of theyris. Ali this
asketh longe tyme, and we can noght do, yn to tyme that we hâve
and knowe the certeynte of theyre articulis ; bysechynge my saide
Lorde Chaunceller to considéré ail 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 hâve 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.
Ferthermore, as tochynge the iijde articule, yn substance is the
Kynge oure Soverayn Lordes grete graunte, the whiche we can
noght, ne may noght, ne wyll ne dar noght answere ne despute ; ffor
of his riall power he may do what he wyll, for ail thynge is at his
commaundement, body, londe, and gode, etc. ; trustynge to God and
oure Soverayne Lorde the Kynge, of his highnesse and grâce, and
my Lorde Chaunceller to be gode mene therto, that we mowe be
demened after his lawis, 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.”
b Sic MS.MAYOR OF EXETER, A.D. 1447-8.
59
what was seyde yn the Gildehall at Excetre a Trusday yn the Ester
wyke, first of oure Soverayne Lorde the Kynge, afterwarde of my
Lorde Chaunceller, and how the puple beth willed and set, foryete
ye hit noght, but lete hit be truly reported, as fer as hit comyth to
y oure mynde.
Indorsed. Letters of Instruction.
XXII.
A Mémorandum sent b y Shillingford to Speer in London,
to be delivered to the Chancellor. 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.
Med that apon the breche at Tyverton bitwen Radford and
Hengston,"of whiche reporte was made to the Mayer, he ]?en by
the speche of the seid Radford, and by labour and spekyng of Syr
John Wolston, and other, was ynduced to speke wyth Maystej*
Harry Webber, and so I dide, beyng présente the seyd Sir John
Wolstone and John Coteler; at which tyme ther was right gode
and gentle communicacon, and thus accordide, and that by the
motiun of Mayster Harry Webber, that John a Copleston and the
seid Radford shuld hâve the mater yn communicacon, and as for oo
poynt or tweyn yf such were, that they myght not accorde tlierof,
&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 ail ther
hertis, for hit was accordyng to my lord Chaunceler ys comaunde-
ment, &c. Wherapon the seyd John a Copleston and Radford, by
two joynte lettris, yn name of the rseyd Mayster Herry and the
seyde Mayer, were sende fore yn ail haste. And so they corne and
were yn communicacion by two dayes, and desirid the partyes to be60
LETTERS OF JOHN SHILLINGFORD,
bounde to bide the renie, ordinance, and arbitrement of them. The
whiche was aggreed wyth this, tliat of such thingis as they myght
not accorde of to be putte on the lordis as hit aboveseide, &c. They
wolden not therofyn no wyse, but seide that thei were discharged
and dymyssyd by the lordis, and so at large, and that they wold sue
ne hâve a do ther no more. For this matter we seyd that we knew
not therof, ne not so wolde, ne hit was not our parte yn to tyme
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 communicacon, and then yn
ther rehersall they wolde that the seyd Mayer shuld hâve sued for a
discharge to be delyvored and departid for the seyd lordis. The
seyd Mayer wold noght therof yn no wyse, ne so départe fro the
lordis, hit was not his parte to do so wythoute ther spécial comaunde-
ment, the whiche comaundement, 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 pt
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 h1 well, and
bype avyse of Dowryssh to amende )?e makynge ]?erof, if nede be,
and ]?en to write h* clene, and hâve hfc yn youre hond when ye
speke w1 my Lord Chaunceller as for yowre instruction. And when
ye may take a tyme yn communicacion to delyvere hit to hym,
saynge to hym pt }?is was sende after yow yn grete hast for youre
instruccion yn pis mater.
(Signcd) g M. [John Shillingford, Mayor.]
Fur]?ermore pl ye be fully remembred to meeve my lord Chaun-
cellor pt no suyte be graunted ayenst us yn no wise, &c.
To William Spere be J?is delyvered.
Indorsed. Letters, enstruccions, and other remembrances.MAYOR OF F.XETER, 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,
wlio said he would présent 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.
Meinod that on Saturday the xiie day of Aprile Thomas Dowrissh,
and William Spere with hym, rode owte of Excetre to London
wardis, and came to London on tuysday next folwyng,a at iij. atte
belle afternone, and anon as we came by my mayster is avis, and as
the Mayeres commaundement was, &c. Y William Spere inquered
as for John Afild, and soghte hym yn dyvers placys, and coude not
fynde hym, and when y came ayen my Maister Dowrissh seid to me
that he was don to wyte that my Mayster Radford and my
Maistresse his wyf were yn towne, and anon my Mayster Dowrissh
lefte ail his awne bysynesse, and went to seike my Maister Radford,
and fonde him and seide that his Maister the Mayer of Exceter
commaunded hym to hym, and apon that comyned with hym
prevyly of the letter that we hadde to my lord Chaunceller 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 Chaunceller 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 b [to] my lord Chief Justise,
and recommaunde the Mayer and the comynes of Exceter to hys
gode lordship, as his men and pore bedmen, and how that my lord
Chaunceller efte, at Hillary terme, wrotte unto my lord Bysshop of
Exceter, that touchyng the grete mater yn variance, &c. not with
* 16 April, 1448.
b furst—in place of 1,4 furst” there was originally “ and comyne with.”62
LETTERS OF JOHN SHILLINGFORD,
stondynge that hit be by hym tained yn the comyn lawe, yet wold
conforme to entrety as efte, and the mater to be comyned 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-
celler, and other lordis, and to the other to lordis Justices, they to
make an ende accordant to the Kynges commaundement; and how
that the Mayer and comynes offred ham self to aile inaner resonable
entrety, and a entrety hadde, and the gentelnesse and favor and
proffers that was on the part of the Mayer and comynes, and of ail the
mater, with the circumstance full and hole, and of the breche, &c.
And my Mayster Eadford, and my Mayster Dowrissh, can enforme
yow better than y, for y was not ail thyng so nye ham to hire and
knowe aile thyng that was seid and comyned, for my degree was
not, &c. And there they comyned a grete while, and my lord
Fortescu seid many things as me thoghte, and onys y herde hym
seye, with right a gladde spyrute,“And my lord Chaunceller woll be
endyfferent, we shall hâve a gode ende y truste to Almyghty God
and owre lady,” and sone after departed. And anon upon that,
my Maister Recorder went to Westminster, and Dowrissh, John
Afylde, and y wTith hym, and ther anon the mater was called upon
yn comyn place, and forthwith anon my Mayster Radford send for
Henry Brok, and charged hym that he sholde not appere as for
attorney, and he seide no morehe wold, bote he prayed the Justises
wolde respite hit yn to yor comyng, and seid the were comyng and
wolde corne, as sone as ye myght. And anon ther was grete
callyng apon by Moyll, Wode, and other that were of conseill, werea
the Bysship ; that not with stondyng, the mater was putte yn
respite yn to the morun by aile the Justices.
And so then the Recorder went to Lambeth to dyne with my
lord Chaunceller, 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,
a were—(sic) MS. ? with.MAYOR OF EXETER, A.D. 1447-8.
63
and toke a bote and went to Temple, and y with hym. And tbere
he tolde me that he dylivered yor letter to my lord, or my lord went
to his dyner, seyyng that the Mayer and ail the hole Communal te
of Excetre recommaunded tham unto his gode and gracious lordship,
and a his man and pore bedman, and kyssed the letter, and putte hyt
yn to my lordes blessed hond, and my lord with a gladde conty-
nance receyved the letter and seid that the Maier and aile the
comynes sholde hâve 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 hym stille, and seid, with a myry chere chere
(sic), these wordis: “Eadford, when we hâve dyned we shallcomyne
of this mater, and aile shall be well, with Goddes grâce,” &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
woll enforme yow of aile at his comyng fro Canterbury, for y went
yn hast and made Dowrissh to corne to hym to Paulis, and to
comyne with hym of his beyng with my lord, &c. and so he didde,
and somme of the comynyng y herde, bot ail y myght not, bot
afterwardis my mayster Eecorder called me to hym and seid that ye
shold wryte un to the kynge of this mater, rehercyng yn yor
writyng that there as afte hit liked the kyng to yeve yn commaunde-
ment by his letters under his prevy seell to the Mayer and the
Communalte of the Cite of Excetre, to abide the rule and ordynance
of his Chaunceller of Engelond, and his two Chif J ustises, of the grete
maters yn variance and travers bytwene the Bysshop of Exceter and
the Deane and Chapiter there, and the Maier and Communalte of
the same, and so hongying the mater yn entrety by the kynges
commaundement, that not with stondynge the mater is a tained at
large by the Bysshop yn the comyn lawe, contrary to the kynges
a and—(sic) MS. ? as.64
LETTERS OF JOHN SHJLLINGFORD,
commaundement, wherof that hit liked the kyng of his hignesse to
yeve yn commaundement to the seid Bysshop to cesse of his sute,
and to abide the rule of the seide jugis of the seide mater yn travers,
&c. And y was riglit gladde of his seyyng, and seide that y wolde
seye yow so at yor comyng, and so y toke my leve of hym, and he
went to his soper, and the morun Thursday a by tymes he rode to
Canterbury wardis, 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 mervaillynge that the Mayer came not, and
tlier apon yssuys were yn maner assessed at vij 11 as for the twro
writtes, then hit was seid to the Justises that the Mayer was comyng,
praying tham to respite, &c. yn to the morun. And so they
didde full gentilly. And anon Sr John Wolston came to me and
asked why ye were so longe, and y seid the wold be here yn hast,
w* Goddis mercy, and then he seid that he wold fayne that there
myglite be a gode ende yn this mater, and y asked by what mene,
and he seid by entrety, and no rigorste of lawe, and y seide and he
wolde so he wolde not lete calle so fervently atte barre apon the
Mayer and Commines, &c. and y seide furthermore that the Maier
and Commines at aile tymes hâve 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 spirute, 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 men 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 taie 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 home, and how that he obeyed hym yn the most lowly wyse to ail
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, &c. The Friday a y came to Westminster, and
there at \blank~\ at belle the mater was called apoun by oure party
advers........
[The 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 ail day. Wednesday
he came to London. The blâme of the breaking off the last great entreaty at home
thrown on the City, because they would not agréé 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 wardis on seynt George is day,
and there taried almost ail that day, and cowde not hyre ne knowe
CAMD. SOC.
19 April, 1448.
K66
LETTEKS OF JOHN SHÏLLINGFOED,
tliere of noo thyng compreliended yn the letter y sende home to
yow by William Duke, ne of none other thyng, bot ail 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 may be. The Wen-
disday y came to London, where was moche longage of oure comyn
mater, and specially of this laste grete entrety at home, how hit
was broken up, and for right litell thyng, and ail yn oure defaute.
Thus hit was y seid that accorde was hadde here at home by the
seide entrety, that the Bisshop sliolde hâve his fee churche and cimi-
tere parcell of the same, as he claymeth generally, and generall
municion yn the churche, we to hâve right noght to don ne make
none arestis withynne his fee, bot yn the cimitere to make arrestis,
excepte of the Byssliop and his mayny, chanons, and aile men of
habite, and for w'e wolde noght aggre bot to hâve power to arreste
chanons men servants familiars withynne the cimitere, was only
cause of brekyng up of the seide entrety. Y of purpose mette with
Sr John Wolston, of wham y suppose growe ail 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 menys y write, by the hondis of John More, yn
presence of my lord of Devonshire, atte Blak Freris at Excetre,
ail 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 Wendisday, as sone as y was
corne to towne ayenst mete tyme, my lord Chaunceller send for me
yn hast. Y came to hym in Lambyth, wher y founde the ii Chif
Justises of purpos mochea y suppose: of wham aile and specially of
my lord y hadde right gode chere, never better, and right well
corne yn the best wise. Y spake with my seide lord and the
Justises, apart fro my Conseill, a grete whiles. They moved me to
knowe of the entrety and departyng at home. Y prayed my lordes
a moche—? “mette.MAYOR OF EXETER, A.D. 1447-8.
67
to hâve my Conseill to seye for me. He graunted hit to me. Sr
John Wolston was yn the utter chamber, and wolde corne noo nyre,
and for as moche as Hengston was not there hit was enjorned over
yn to the morun at Westminster, yn the Escheker Chamber, wher
Hengston reported to my seid lord as Sr 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 Sr John Walston ther beyng présent that ther was
writyng of that reporte, as hit is aboveseide.
XXYI.
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 Wendisday 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 withmy lord Chauneeller, he
beyng yn right grete bysyness ; as sone as he sawe me seyde right
hertely, “ Mayer well corne,” and toke me by the honde, and made
me right gode chere, and so departed fro hym 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 mette68
LETTERS OF JOHN SHILLINGFORD,
with Sr John Wolston, and other of oure [and] theire conseill, of
wham aile y hadde gode chere, and as they seide that y was right
well corne. Afterward y spake w1 the cliif Justis Sr John
Fortescu, goyng w* hym homward, and hadde with hym right
muche gode longage and wordis of coin fort. After this y spake
with the chif justice Sr Richard Nuton, thankyng hym of his favor
the last terme, &c. He, a full gode man, seide he wolde do for me
what he myght godely. That day y comyned w* oure conseill of
oure maters, and hadde wordis of gode comfort to spede right well.
That day after none y wold hâve 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 leysor; to wham y recommended you ail to hym yn the best
inaner that y coude, thankyng hym of his gode lordship, &c.
praying contynuance at this tyme specially, and to helpe that we
myght hâve a gode ende by doyng after the kynges commaunde-
ment, for elles we most to a triall, and that were harde. He seide,
God hit forbede, then sholde ye never love, and that were pyty,”
and he seide he woll speke with the Chif Justise Fortescu, and ]?en
another rule, &c. Y thanked hym 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 tymes, almost by tyme of viijxx 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 hym that we were fully avysed, writh leve
of his gode lordeship, onys to smyte, 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 hym yn no wyse. He thanked and seyde that he
coude not blâme us. Y seide, u My lord, thus we most beare, serve
and defende,” that not with stondyng that, we woll be ail redy at ail
tyme to obeye the kynges commaundement and his.MAYOR OF EXETER, A.D. 1447-8.
69
XXVII.
Pétition of 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
by tyme of iiij yere, of which tyme almost two yere yn yntrete.,, This pétition
appears to hâve been appended to a brief of the evidence produced before the Chan-
eellor and the Justices. No. XXIX. is evidently taken from it.
Please hit your gode and gracious lordshippis to hâve yn know-
liche that the evidencis wherof short tytelyngs butli made yn the Ar-
ticulis aboveseid 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 somme restyth at
Excetre, for grete cariage and nought yet encerched, for the mayer
right long beyng here, by dyvers tymes, by the Kyng our soveraign
lordis comaundement ; after whas first right streite and ferfull
comaundement, by resonable warnyng, at suche leysur tyme and
place competent* as hit woll like yor gode lordshippes to comaunde
ham to, shall be redy to be shewed, and specialy suche as you woll
comaunde ham to bryng and shewe, next and best to end the
mater and ail other thynges, redy to obeye and don accordant to
our seyd soveraign lord the Kynges first comaundement aboveseid.
The whiche seid evydencis so shewed and right proved conceyved
and knowed, We the Mayer and Comminalte lowly beseke yow our
lord Chaunceler, moste specialy, and yow our two other lordis, to
procédé 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 iiii yere, of the whiche tyme
almost ii yere yn entre ty, the whiche hath ben to the seid Mayer70
LETTERS OF JOHN SHILLINGFORD,
and Comminalte right grete labour, trouble, vexacion, coste, lost,
and other right grete hurte and hyndryng and moche more like to
fall, as well as right meny other perilys and ynconvenyencys yn
subvention and anyntysshement of the seid Citee, and dysheretyng
of our seyd soveraign lord the Kyng, and the Mayer and Commi-
nalte, of lesse tlien an ende be like to be made.
Indorsed. . A request to the lord Chauncelor for a day.
XXVIII.
A Mémorandum of an Address to Sir Eichard Newton
at the Assizes, desiring him to décidé the matter, with the
assistance of Sir Philip Courtenay and Sir William Bonevyll.
(?) August, 1448.
And where 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 Comminalte of the Cite of Excetre, whiche
by the kyngs commaundement was putte yn compremys and rule of
my lord Chaunceller, callyng to hym the ii Chif Justises, whiche
mater hath longe tyme honged be fore tham yn communicacion and
entrety and yet remayneth undysscussed and unended : now late
my lord Chaunceller hath yeve yn commaundement to bothe parties
generally to entrete and to procédé to gode conclusion of the seide
mater at home ; uppon whiche my lord Chaunceller wrote to Sr
Eichard Nuton, oon of the ii Chif Justises, desiryng hym to move
the parties now at the assises yn bothe sides to the saine entent ;
wherapon the seid Justise, on Sondey that last was, called severally
bothe parties be fore hym, and moved 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 OF EXETER, A.D. 1447-8.
71
municacion shold be gynne a Tuysday next comyng ; to whiche
botbe parties at that tyme were aggreable, and for as moche as hit
ys sythenes fully conceyved by the seide Mayer and Comminalte
that the ende of the seide mater is non certyn and doutefull to make
conclusion and ende by this maner of mene, the seid Mayer and
Comminalte woll beseke you at the reverence of God, that hit may
please yor gode lordship to take this mater yn your gracious hondis,
callyng to yor lordship my maysters Sr Philip Courtenay and Sr
William Bonevyll, and such rule as hit may please yor gode lord-
ship to appoynte yn the seid mater, the seide Mayer and Com-
minalte will abide yor commaundement yn ail maner wyse. Please
youre gode lordship also to calle be fore yow the seide John of
Copleston and Nicholas Badeford, as for the declaracion of the
titulis and claymes of bothe parties.
Indorsed. A mocyon that the controverse might be compro-
myssed to Sr Philyp Courtenay and Sr Wm Bonvyle.
XXIX.
Pétition 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/’a
Please hit youre gode lordeship my lorde of Devonsshire* and yow
oure to Maysters Sr Philip Courtenay and Sr William Bonevyll, and
and also yow oure two other Maysters Sr John Copleston and
Nicholas Badeford, to hâve yn knawliche 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 hâve 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 Comminalte lowly byseke yow oure seid Lord and
yow oure other Maysters aile so to procédé and make an ende as
lawe, right, reson and conscience requyreth. And yf the right by
évidences be not declared by suche a mene, as yow seme yn youre
conscyence next to the right is to be done to make an ende after
the kynges furst commaundement considryng the prémisses. 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 Comminalte right grete laboure, troble, vexacion,
coste, loste, and other right grete hurte and hyndryng, and moche
more like to falle, as well as right meny other perilles and yncon-
venyences yn subvercion and anyntysshement of the said Cite, and
dysherityng of oure soverayn lorde the Kyng, and the Maier and
Comminalte, of lesse than an ende is like to be made.a
a 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.PART 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.i
PART IL
The Articles of Complaint, Answers, Réplications, 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
tlieire rainesters officers servantis and tenaunty done to the Maier Bailliffs and Com-
munalte of the same Cite by protestacion to resorte to theire name of corporacion
accordant to theire title of prescripcion grauntis of the Kyng and his proginators to
syne and to be syned.a
Article I.
Furst. The saide Maier Baillifs and Communalte seyn that the
saide Cite of Exceter of right olde tyme y called Penholtkeyre the
most or one of the most auncion cite of this londe of whas begynnyng
no man can fynde ne rede, the whiche cite afore the enc[arnation of
Christ] b was a cite walled and suburb to the sanie0 of most reputa-
a 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 B adds—and by longe tyme sithenys.
c B omits—walled and suburb to the same.
L 276
ARTICLES OF COMPLAIJST,
ciona worship defence and defencible of ail th[ese parties and yet is
yn tyme of nede] and moste bfavoure and socoure to aile the
Kynges puple of the londe specially yn tyme of werre repairying
tliereto.h [The whiche] cite sone apon the passion of Crist was by
Vaspasian biseged by tyme of viij deys ; the whiche opteynyd not
the effecte of his sege c and so wende forth to Burdeaux and fro
Burdeaux to Rome and fro Rome to Jérusalem and there hec wt
Titus byseged Jérusalem and opteyned dand solde xxx jywys for
a peny as hit appereth by Croniclis: and alwey the saide Cite of
Excetre hole and undevided yn worship as hit is abovesaide yn to
tyme of the comyng thider of the Bisshop and Chanons. Afore
whas comyng there tliat now is a Cathedrall Churche and a paleis
was a Monastère and a cite of blak monekys of the order of Seynt
Benet y-founded by Kyng Athelston. The whiche monastère and
cite, now Cathedrall Churche cimitere and paleys, is and alwey hath
be yn and of and parcell of the saide cite and under the jurisdiction
and power of the same. The whiche cite with suburbis of the same
is auncion demene and at aile tymes as well a fore the conquest as
a B omits—reputacion.
b B lias in place of “ favoure iothereto,>—strengthe favour supportacion and socour
to the Kyng and to ail his puple yn tyme of nécessite.
c and to be—The whiche afterward. B.
d and to beyng, p. . B has—and so the saide Cite of Excetre stode as a Citie hole of most
worship prospérité defence and defensable of ail that party of the londe as is abovesaide,
yn to tyme that there was a Monastère or abbey of Black Monkys of the order of Seynt
Benet, there the saide Cathedrall Churche Cimitere and paleys is now. And so yn theire tyme
contynued yn like prospérité by longe tymes yeres and davs un to tyme of Seynt Edward
the whiche voided the saide Monekys and chonged the saide Monastère yn to the Cathedrall
Churche that now is and possession of the Bisshop Dean and Chapitre and theire pre-
decessors. Afore whiche clionge and atte tyme of the chonge and even continuall sithen
the Monastère Catliedrail cite and paleys and churclieyerde to the same churche beliyng
as well when the Cite was yn the hondis of the progenitors of the Kyng oure soverayn
lorde as sithen were in parcell yn and of the same cite ; wl ynne whiche Monastère
Cathedrall cite paleys and churcheyurd as well the progenitors of the Kyng forsaid as the
Maier an l Citeseyns of the same cite sythen they hâve had hit to fe ferme, hâve ben
seised of ail maner jurisdiccion 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 terme forsaid.ANSWERS, REPLICATIONS, AND REJOINDERS.
77
sithen hath be the Kyngis cite longyng to his crowne a fore eny
Monastère or Cathedrall Cliurche as hit is aboveseide tlier had. The
whiche cite w1 suburbes of the same the saide Maier Baillifs and
citeseyns and theire predecessours hâve had and holde yn fe ferme
of the Kyng our soverayn lorde and his noble progenitours kynges
of this roialme by tyrne aboyé saide ; to whiche longeth view of frank
plegge with aile articulis franchises libertees jurisdiccions and aile
other proffitis commoditees and emolymentis as to any view of frank
pleigge belongyng.
And they seyn tliat the citeseyns and their predecessours citeseyns
of the same 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 corne, were seised of suche a view yn the same cite to be holde
and of ij coroners of them self yn and of the same cite w1 many and
other divers custumys libertees jurisdiccions ymmynnetees and fran-
chises as well as sithen by ceverall letters patentz of divers progeni-
tours of oure soverayn lorde the Kyng and by hyin by his letters
patentz graunted ratefied and confermed, and hâve had used and
enjoyed jurisdiccions libertees franchises correccions attachiamentis
arestis and determinacions of aile offencis dettis trespasses deceytis
detennys covenantis deliverancis contractis and aile other maters and
accions, and for aile affrayes and assautis done or made ayenst the
Kynges pees, and for aile thyng done bytwene party and party
tochyng plee reall personell or mixte, surdans had moved comynga
fallyng or growen w1 ynne the same cite and suburb of the same to
be empleded and determyned yn the Kynges courte of the Gildehall
after the custum of the same cite affore the Maier and Baillifs of the
same cite for the tyme beyngd un to now la te that the saide Byssliop
Dean and Chapitre by coloure of certeyn letters patentz of the Kyng
to tham severally graunted of jurisdiccion power and auctorite of
suche plees as ben above reherced, hâve lette disturbled and with
drawen the saide Maier Baillifs and Communalte of theire juris-
d oon^ing—MS. A.
See unie, long note.78
ARTICLES OF COMPLAINT
diccion above reherced. And yn especiall that there as where oon
Hugli Lucays tenant of tlie saide Bysshopa, the most or one of the
most mysgoverned man of ail the cite of Excetre or of ail the shire
afterward, the whiche hath be cause of ij pollucions of the Cathedrall
Churche and Cimitere of the Cite of Excetre, ma de affray aponn oon
Richard 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 Richard Druell and Thomas Sampson ij stivvardis
of the Cite of Excetre folwed 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 corne yn there they founde the saide sergeantis at grete myschif
and theire prisoner violently with strong honde take away fro ham,
and apon tham by commaundement of the saide Dean and Chapitre
Sr John Jon with a dore barre and S1’ Lewis Walsshe-
man John Panton and meny other minesters of the saide churche to
thaym unknowed wyth swerdis custellis long knyvis and yryssh
skenes drawyn yn theire hondis to hâve sleyn the saide sergeantis
and wold so hâve sleyn ham ne hadde y be as God yeaf grâce the
saide stiwardis with other came yn to kepe the pees. And when
they corne yn they smote to the saide Richard 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 of the Kyngis lawe and the violence done to theire officers
a 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
dam agis.
Article II.a
Item the sayde May or and Oomminalte sayen that there as
where the tenantis and inhabitans of the sayde Bysschop w1
ynne the sayde cyte and subarbes of the same ben cessable and
charcheabel, hâve been cessyd and charched and of righte awghte
to be and 3yt ben wt the citezayns and inhabitans of the same cite,
and hath ben used levy )?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-
cions taliages and charges as well to the Kyng owre soverayne
lord graunted, and so hath be in the tymes of his noble pro-
genitores as of al other contribucions and charges w^nne the sayde
Cite and as parcel of the same. And now the latist spécial acessyng
and payement of alfe a deme wyche was acessyd and payed in
maner and forme as by long tyme favoraboly hath be done ; bote the
forsayde Mayer and Comenalte most grevously complayn* of to
tymes nexst there by fore of cessyng and paying of demys, one
yn the tyme of John Coteler beyng Mayer and another tyme
William Upton beyng Mayer ; ate wyche bothe tymes the tenantes
of the sayde Bysschop w1 others were warned to corne 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 corne
nought, ne no wyse wolde corne to a cesse ne paye w1 the sayde
Cyte ate the to tymes above sayde bote by bthe Mynesters of the
saide Bissliop and Mr Henry Webber speciallyb 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 corne sette ne paye as thei hâve be woned to done. More
a This article is written in another hand. It occurs in A.
b the to specially] originally “one Maister Harry Webber wiongfiilly.”80	ARTICLES OF COM^LAINT,
over the Mayer and Citezaynes sayen that by commaundement of
the sayde Bysschop and spécial rewel of the sayde Mais ter Harry
accessyng and levy was mad amonge the sayde Bysschoppis
tenantes of ij demys as a Cyte other a Burgh by hym selve.
And so was hit never consyderyng that demys beth y graunted
b................and the money so acessyd and made levy kepte.
and 3yt kep1 .... [Torn away.]
[Tins copy breaks off here. Other drafts of the Articles exist in
Rolls VIII. and ZX, the text of wliich differs from the foregoing
to so great an extent that it has been thought best to print tliem
[No. XXXI.]
XXXI.
The Mayor’s Articles of Complaint against the Bishop,
Dean, and Chapter.0
[Draft.]
Article I.
For the furst article of theire grevous compleyntis the saide
Maier and Cominalte 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, hâve be cessed and
charged, and of right oughte to be and yet ben w1 the citeseyns
and inhabitantis of the same cite, and hath ben used levy therof to be
made by the Mayer and su ch as he hath assigned and deputed
therto yn aile maner dymes citeseyn spendyng and the fe ferme yf
nede be, and aile other taxacions talliages and chargis as well to the
a The text ofthese articles istaken from two draft copies, neitherof which is quite com-
plété. The articles seem to hâve been revised again, as the text of the first, second,
and fifth articles found 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
complété copy of tliese 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 cbargis
w1 yn the saide cite and as parcell of the same. 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 favorabilly
hathbedone : but the forsaydeMayerandComminaltemoste 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 corne to the
Gildehalle, as by longe tyme hath be done, to assessynge of the
sayde dymes. And as tochyng the sayd Bysshoppys tenantis they
corne noght, ne no wyse wolde corne to assesse ne paye with the
sayde cite atte the ij tymes aboveseid, but by one Mr Henry
Webber wrongefully 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 corne sette ne
paye as they hade be woned to done.
Article IL
More over the sayde Mayer and Citeseyns seyn that by com-
maundement of the sayde Bjsshop and speciall rule of the sayde
Master Harry, assessyng and levy was made amonge 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 burghis, and the money so assessed and made levy kepte
and yet kepeth to the use of the said Bishop to grete hyndryng
and anyntysement 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 frendshipa
CAMI). soc.
and maystership] ero.sed,
M82
ARTICLES OF COMFLAINT,
to helpe to refourme this wronge abovesayde. The sayde Mayster
Harry right shortely weywardly and angerly answered seyyng
that the sayde Mayer and Citeseyns shold right noght hâve 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 ceparat and distyncte awey fro the sayde cite, seyyng
furthermore that we sholde hâve nywe tidynges yn shorte tyme,
menyng as we conceyved sithen a nywea charter that the sayde
Bysshop hath purchased sithenys. Nertheles by speciall 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 prayingb you oure lorde Chaun-
celler most specially and you ourec lordis to considre aile the
wronges comprehended yn thys article, consyderyng that the seide
wronge of nonpayement of the seide dymes y s aile the grounde
cause and begynnyng of ail the grete debate that hongeth now by
twene the seide Bysshop Dean and Chapyter and the seide Mayer
and Cyteseyns ;d 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 most goode and
blessyd Lorde and Bysshopp best wylled and set and most good doo
and lyke to hâve done that ever we had there, and so we trust to
Godde with youre goode lordshippes wolle be yet.
a unlawfull — erased.
b From here the text cornes firom No. IX. which commences abruptly. It is a fair
copy of VIII. but has also many additions and erasures.
c two other—erased.
d of whiche debate the seide Mayer and Cyteseyns yn the most sory wyse theym
repentyth—erased.
e woll—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 félon that feloniously hadde robbyd the churche
of Morcharda of a chalys and other goodes to the valew of xx li.
and a hors at Evyll 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 hâve 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 commaundement 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 jurisdiccions and power of the seide cyte ;
whither the coroners of the seide cyte corne to take dthe knowleche
of the said John Berton ys felonyes abovesaidd 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
Sr John John and Pyers Carter and many other mynesters and
clerkes of the seide churche by commaundement of the seide
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-
veyhid and brought hym oute of towne. Also wher the saide
coroners diverse tymes cam to the Bysshop ys palyce to hâve
coroned diverse prisoners beyng ther yn the seide Bishop ys prison
ded and yn especiall one William Wey ; atte whiche tymes by one
a Morchard—fi rat written “ Stoklegh Pomeray.” In VIII. it was first written
“ Churton Fitz Payn,” and altered to “ Stoklegh Pomeray.”
b the to abovesaid—originally “ the seide John Berton ys confession.M
M 284
ARTICLES OF 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 cattall wayff y-left yn the seid Bysshopp ys
tenement, ther was kept with stronge hande by the seide John
Toylerd and other of the seide Bysshopp y s offycers and so wrong-
fully to the use of the saide Bysshop as hit is supposed a kepyth hy t
to grete hurte and hynderyng of oure soveraigne lorde the Kyng and
the seide Meyer and Comminalte.
Article IV.
Item the seide Meyer Baillifs and Comminalte compleyne ham
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 and cytiseyns of the seide cyte of Exceter
the seide Bysshop Dean and Chapiter that tyme beyng hadde lycence
to enclose the cimitary ther as hit more pleynly apperyth yn a com-
posicion ther of made. Afore whiche grauntez the Meyer and
Cyteseyns hadde and yet ought to hâve a strete y-called Fysshstrete
wThiche lyyth with ynne that they calle the prosyncte of the cloos of
Seynt Peter of Exceter and with oute the seide cimitery ; yn whiche
strete of tyme that no mynde ys the ffysh market of the seide Meyer
and Comminalte was woned to be holdeb; 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 hâve be woned to doo ; yn whiche
way, as well as yn other places with ynne the seide cloos and cimitery,
they hâve made 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 ail the hole
wey thurt over for a court place to the mancion of the Archideacon
a 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 hâve theyre way as theym ought to hâve to
the towne wallys and ye Towre forseide. And also yn the cyte
they hâve made a purpresture yn the Hye strete of the seide Cyte v.
stalys of lx. fote long and more and iij. feete yn bredea yn the for
part of a new tenementb 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
ofcc. fote of lenketh and moche more, yn the whiche walle buth diverse
shoppez wyndowes of olde tyme hadde, the leves ther of 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 ail purprestures above seide e standen and been set
upon the grounde of the seide Meyer and citezeins without lycence
of theym asked or d hadde to the hurte and disheritson of the seide
Meyer and Cyteseyns abovesaid.d
Article V.*
Item the seyde Meyer and Comminalte compleynyth that wher
the Dean and Chapiter of the Cathedrall Churche of Seynt Peter
a “and a pentyse of the same leynthe ”] erased.
b The “ New Inn,” now occupied by Messrs. Green and Co. drapera, &c.
c and a tree callyd an elme by one Andrew Chalvedon by commaundement of the seide
Bysshopp late ys pollyd pared and kut aile stondyng.
d 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.”
e 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 and86
ARTICLES OF COMPLAINT,
of Exceter hâve 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 sépulture 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 hâve stoppid and closid contrarie to the gode usagis of
ail holy churche, the kynges lawe and the use afore tyme hadde
and ayenst al good pollecye.
Article VI.a
Also the said Maier and Comminalte compleyneth where late
was sette yn the cymytere of the Cathedrall Churche of Seynt
Peter of Excetre a grete drie fryth almoste evyn junant to the bak
side of the costlewe billyngb and yn the cheiff place of the citee of
Excetre therto enclose and enclosed a gret parcell of tymber, the
whiche fright0 atte the stroke of ix. atte clocke yn the shortestezd
tyme of eere yn the nyght, aile the close yeatis beyng faste y shet,
as hit aught to be by a composicion 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 hâve 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 ail 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 hâve stopped and closed contrary to the
Kynges lawe and the use afore tyme had and ayenst ail gode policy.
» Text from VIII. and IX.
b In VIII. “ of the most costlew and stately billying of the Cite/*
c fright] vrith. VIII.
d shortestez] shortist. VIII.ÀNSWERS, REPLICATIONS, AND REJOINDERS.
87
and brende the cheif and grete parte of the citee. And yet hit was
said by the said mynyster and other minystres of the said Cathedrall
Churche to noyse and disslaundre the said citee that hit was sette
afire by men 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 bue shote fro and
more.
Article VII.a
Also the said Maier and Comminalte compleyneth 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 gâte of the same
citee. Atte two endys of whiche gardynes and by twyne every
gardyn so ayunant apon the Towne Wallys ys a walle thurte and
buttyng a yenst the Towne Walle and a posterne yeate therynne,
the [whiche] wallys and posternys by the Maier and Comminalte
by force of a composicion and as the composicion woll, hâve be
made and ofte tymes repaired and amended, and ij lokkys and keies
yn and to every yeate, oneb kaye of every yeate remaynyng to the
said Maier and Comminalte and a nother to the Bysshop and so to
every of the personys ecclesiasticeris forsaid to this entent that the
said yeate sholde noght be sette opyn but atte the Maier ys will
ouns yn a eere a yenste the comyng of the Maier to over se yf
eny nede be to repaire the towne wallys. And yf eny nede be to
repaire, to stande opyn duryng the tyme of repeiryng as yn the
said composicion more openly and pleynly aperith. With owte
the procyncte of the said Bisshop ys garden and yn the said wall
* Text from VIII. and IX.	b one] oo. VIII.88
ARTICLES OF COMPLAINT,
there ys the moste costelew defence and moste statelya towre of aile
the City, of the saide Maier and Comminalte 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 w1 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 whicli dore of the
towre w* the other y. postern doris, the whiche v. dorys buth com-
prehended yn the saide composicion, ofte tymes hâve be repayred
and amended to the grete coste of the seyde Mayer and Comminalte,
and as ofte as ever they hâve be repaired ever anon they hâve be
right spytefully broke up by the Bisshop and Dean and Chapitre
aforesaid, and the dore of the said towre at ail tyme and yet is so
stondynge open and fakettes hors and dong and myche other un-
godely thyng by commaundement of the said Bisshop broghte
theryn ; bycause of J?e whiche pe 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^ ii. and the said v. postern doris so broke up, oo suche
lok and keye as they woll is sette yn every dore to theire pîeisaunce
disporte and yese to go yn and ou te when ever they will contrary
to the saide composicion. By the whiche yeatis full ungodely
cariage as suspecious men and wymmen hâve be ladde yn and oute,b
and divers men that sholde hâve be arest conveyed awey by that
weyc to right grete hurte hyndryng harmys and damage to the
saide Cite.
Article VIII.d
Item the Mayer and Comminalte compleyneth as tochyng the
Freren lane abovesaide, the whiche is a longe lane lyyng a longe
a IX. breaks off here. The rest of the text of this article is taken from VIII.
b atte Freren lane and so yn to the Cite] erased.
c Sr John of Dynham specially and meny others] erased.
d The text is from VIII.ANSWERS, REPLICATIONS, AND REJOINDERS.	89
by and yn the bakside joynant to divers mansions of divers clianons
of the clos longyng to the said Dean and Chapitre ; the whiclie lane
is ceverall grounde of the saide Mayer and Comminalte 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 wl oute licence of
the Maier and Comminalte ; the said Dean and Chapitre in the
wallis of the saide mansions yn to the saide lane hâve made divers
doris wt owte licence of the said Maier and Comminalte, by the
whiche doris by the said Chanons dwellyng yn the said mansions by
commaundement of ]?e said Dean and Chapitre is caryed oute so
moche erthe robill and donge and other fylthis of theire places that
the sayde wey y s 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 guttor lyyng dcepe underneth a long thurgh the lane almost
to the lane ende and then turned thurte westward thurghe the
mansion of the Archidiacon of Cornewaill to theire grete comyn
guttor liyng yn )?e saide Fissh strete havyng issu thurghe the towne
wallis ; the whiche guttor lyyng thurgh the saide lane ordeyned
for to defendea reyne water and other of Strike stret and of many other
divers placis and mansions grete part of the saide cite ; the whiche
guttor goyng thurgh the Archidiacon of Cornewayll is mansion as
hit is aboresaide first by one Maister John Gorewyll Maister John
Waryn Mr William Filham Sr Richard Kelyer and other som tyme
chanons of ]?e said churche there dwellyng by commaundement of
the Dean and Chapitre the saide guttor hath be broke and for ditte
and the stonys therof by tham take and bore away so that the reyne
water and other of Strike strete and other places abovesaid may noo
hâve his course as hit hath be wont to hâve 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 ail maner cariage yn to the
* of] erased.
N
CAMD. SOC.90
ARTICLES OF COMPLAINT
towne wallis, the whiche yeate is the yeate of the Maier and Com-
minalte and by tham at theire grete coste y-made ; of whiche yeate
sliolde no man bave no keye ne interesse but the saide Mayer and
Comminalte and suche as tliey wolde yeve licence tberto. The
wbich yeate by tlie saide chanons havyng dorisa yn to that lane as
hit is above sayde and their servantes that beth nyghte walkers
riators and brekers of the pes, by commaundement of ]>e Dean and
Chapitre hath be brok up and suche lok and keye as tham luste to
hâve made therto atte theire pleiser. Atte whiche yeate bothe be
nyghte and by daye, and by nyghte most specially, full ungodely
cariage is caried yn and oute as suspec-ious men and wymmen mennys
wyvis and servantes specially ; who to whom and where hit sliolde be
Write yf honeste were. Atte whiche yeate also ofte tyme hath be
grete affrayes and debate and like to hâve be manslaghter, and
divers nyghte walkers and riators comying out at that yeate yn to
the cite and ther hâve made meny affrayes assautes and other riatous
mysgovernaunce ayenst the pees and y broke oute over the towne
wallis, and myche more myschif 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 b and aile ]?e ycates aile
Ve nyght as hit appereth by composicion tlierof made ; wher now ys
by ]>e said clos myche nyght wacchyng and other riatous mysgovern-
ance, the wiket of the same yeate stondyng open almost aile the
nyght and a taverne that is called Bevysc is taverne evyn joynyng
to w1 ynne the hous of the yeate ; out of whiche wyket yn to whiche
taverne comytli the grete part of aile the riators of the clos priestes
and other as Sr Robert Bokynham Sr Richard Martyn Sr Lewys
Walssheman John Panton and other, and suche noyse affrayes and
debates by tham there made that one William Upton late Maier of
the saide Cite and other neghebors dwellyng aboute beth foule
accombred therof and y-lette of theire nyghte reste, compleynyng
a Mr. William Bronnyng, Mr. John Rowe, and other Chanons havyng yeates] erased.
b “ wiket and aile atte cessyng of curfu,” erased MS.
* Bevys] also “ BeareHtz ”ÀNSWERS, REPLICATIONS, AND REJOINDERS.	9
to the Mayer therof seyyng that ther is like to falle myche more
myschif there and that they wolle avoyde tlieire dwellyng placis
tliere w* oute better remedy had : and ail this riottes governance
and moclie of the otlier mysgovernance abovesaid is upon boldenysse
off the said nywe charter purchased and abstynance of arestes above-
said.
Article X.
AJso the saide Maier and Comminalte compleyneth that the saide
Bisshop by liis 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 pe
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
a where he hath no suche power ne jurisdiccion and the amercia-
mentes issuys and profits therof comyng taketh to his awne use yn
disherityng etc.a
Article XI.
Also the saide Mayer Baillifs and Comminalte compleyneth where
that they and theire predecessours hâve had assize of bred and
of ale and coreccion therof and of ail other maner vitaill as parcell of
theire view yn pe saide cite and suburb to sette pris, forfete, dampne
and excute as the lawe will, the saide Maier and Bailliffs hâve used
at aile tymes when they wolde to go aboute the cite to make serche
of mysgovernance of vitaill and speeially of bred and of ale and of
wyne, yn the whiche they hâve founde ofte tymes grete defautes,
and speeially yn wyn, as well yn the Bisshoppis paleys, wyn by his
a Where to etc.—originally “ of the whiche be hath no power to détermine suche
plees there for he hath no late ne never hadde J?er but only longyth to the Cyte that liave
a late and ever hâve hadde as hit is abovesaide,” aftenvards altered to “ whereof he
hath no power for he hath no lete ne never had ne no thyng that longeth therto but the
saide Maier and Bailliffs only ” and tken stated as in the text.92
ARTICLES OF COMPLAINT,
officers ofte tymes being tber 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 ciy by the Maier therof made, and so yn Sr
John Morton is hous, chanon of the 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
hâve be forfetable to the saide Maier and Comîninalte.b By the
whiche wyne so solde the saide Maier and Comminalte loste theire
custumes one at theire port of Exemouth iiij d. of every pipe
parcell of theire fe ferme that is there y-boghte to be solde ayen yn
grete or retaill, another is custum of the saide Cite called wyne
gavell of every pipe solde yn retaill xip d. And also ofte tymes
hath be founde eorrupte wyn not hole for mannys body dampn-
abill and sholde hâve be dainpned and by way of execucion caste yn
the canell ; the whiche execusion the tenantis of the saide Bisshop
dwellyng with yn the saide cite and suburb of the same by com-
maundement of the saide Bisshop hâve lette and disturbed the saide
Maier and Bailli fs so that they myght do none execucion. The
whiche eorrupte wyn hath be carried to Topsham and there y-shipped
and so lad to Burdeaux ther to be put and melled among nywe wyn
as hit shall be well proved yf nede be. And also they hâve lette to
prove to trie and weye sale bred made by the said tenantis of ]>e said
Bisshop accordant to the statute therof made, by force of whiche the
saide eorrupte wyn hath not be put yn execucion as hit aughte to
be and the sillers of the saide wyn bakers bruers and other mys-
governers abovesaid beth unpunyshed yn disherityng etc.
a originally “ as Sr 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.”
b originally “ to the Cite as parcell of their fee ferme.”ÀNSWERS, REPLICATIONS, AND REJOINDERS.
93
XXXII.
Draft of Article IX. of the Mayor’s Articles of
Complainte
Item the seide Meyer and Comminalte compleyne hem and seyn
that wher they and theyre predecessours cyteseyns of the same cyte
of tyme that no mynde renneth hâve hadde and by lawe ought to
hâve as parcell of theyre ffee ferme ail maner tolne of ail maner
marchaundyse opentyd and layed to sylle yn every place of the
Cyte and suburbez ther of as well with ynne the saide Cathedrall
Churche and Cimitery 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 hâve be
ever woned and usyd specially when that grete multitude of peple
and muche marchaundyse comyth to the Cyte, to ley opene bye
and sylle diverse marcliaundisez yn the seide churche and cimitery
and speciall yn the kyngges hye way ther as atte Welles Salysbury
and other places moo, as disshes bollys and other thyngges lyke and
yn the seyde churche ornamentes for the same and other juellys
convenyant therto ; of the whiche marchaundysez the Dean and
Chapiter forseide began to take and toke diverse tolne of diverse
men, one Richard Setter juler, and John Torner of Tyverton and
other. Wher apon the seide Meyer and Comminalte grevously
compleyned them atte that tyme and so hyt was put yn dayyng and
apon arbitrors arnonge other aile and grete debatez be fore that
tyme hongyng ; the whiche arbitrors atte that tyme ordeyned that
ther sholde be no soche tolne custume ne other dute ther to be take
by the seide Dean and Chapiter with ynne the seide churche and
cimitery. For anger and evyll wille wher of the seide Dean and
Chapiter by theyre mynesters and servauntes ever sythen hâve 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 OF COMPLAINT,
ou te ail eoche inarchauntez and marchaundisez contrary and ayenst
the olde ruell and use to grete hurte hynderyng and damagez to the
seide Meyer and Comminalte and distruccion of theyre seide feyrez
and markettez. Atte whiche tyme of entrety thé seide Dean and
Chapiter cowde nought saye ne ley for theym that the seide churche
and cimitery was no parcell of the seide cyte so that the seide
Meyer and Comminalte myght take ne make levy of no soche
custume 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 counseill of the
other party, thus bothe partyes beyng présent yn the Cathediall
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 ail that they myght goodly sliulde absteyne and for-
bere with ynne the seide churche and cimitery of ail maner arestys
as touchyng the chanons and ail 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 vexacion hurte and hynderyng and
to mysgoverned men ryatours and brekers of the pees grete bolde-
nesse and hath be cause of diverse affrayes that hâve be made bothe
yn the churche and cimitery and yn especiall by one Bichard
Whiterow affraye made by hym apon John Howdon servaunt of
Harry Helyer smytyng hym with a dagger with ynne the cloos
yeate yn the eygge by twene the cimitery and the cyte aile most
an on to the de the, wherof we most grevyously compleyne us
besekyng you oure gode Lorde Chaunceler and you oure lordesANSWERS, REPLICATIONS, AND REJOINDERS.
95
R this to refourme and redresse yn eschewyng of ynconvenyence that
myght folwe tlierof.a
XXXIII.
The Answers of the Bishop, Dean and Chapter, to the
Mayor’s Articles.
Thés 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
Yaspasions being atte Excestre and so atte Burdeaux and Jérusalem
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 ail tymes hath be, and is aunceon demene, but never und'er the
name of a citee byfore the stallacion of Leofrik in the said Cathe-
drall Chirch, first Bisshop tlier stalled by the hondes of Saint
Edward and Edithe his Quene, which Saint Edward cursed ail
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 loncles 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 tyme
ne seth was no mayer ne fee ferme bore for the saide nowe Citee to
the progenitoures of our Soverayne Lord the King unto the régné
a this to thereof—originally “ to be mene 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 ail 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 hâve tlie Meyer excusyd yf
that any ynconvenyence mysgovernaunce or mischeve fall, as hyt ys lyke to do, and that
for the love of God and the way of charte.”96
ARTICLES OF COM^LAINT,
of King Henry the Thirde, butte the rentz and revenues comyng of
tbe saide towne nowe Citee were answered to the noble progeni-
toures of our saide Soverayn Lord in their Escheker atte West-
minster as of partie of the shire of Devenshire by the honds of the
Shereve of the saine shere for the tyme being and by none other as
it appereth by matier of recorde in the saide Escheker ; atte which
tyme the Bisshop of Excestre that tyme being was seised of the
saide Chirch Cimitery pâlies lands and tenements aforsaide and ail
his predecessours afore him were seised of the saine contynuelly fro
the tyme of the saide Saint Edward ; which Chirch Cimitery pâlies
lands and tenements ben named and knowen by the name called
the Bisshopes Fee, otherwyse called Saint Stephen’s Fee, distincte
and sépara te fro the saide Citee and oute of the jurisdiccion of the
same, withoute that that at the dayes or many dayes setthen tyme
of mynde any such Mayer Baillifs and Comminalte as thei surmytten
where yn the saide Citee knowen by the name of Maier and Com-
minalte. And there as the saide Mayer and Comminalte seyen
that they and their predecessors citezeins of the same Citee hâve
liad 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 of Bichard King of Almayn which had xiiin ixs to
his sustentacion atte will of his brother King Henry the Thirde and
no thing élis in the saide Citee over xxvn xiis vid comyng 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 Malde 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 hâve articled and the saide Bisshop Deane and Chapitre
confessed ; which Kichard King of Almayne graunted first by the
name of Baillifs and citezeinis the saide Citee to fee ferme, havyng
none o]?er estate than is above rehersed ; wherfore the saide Citee
with ail the appurtenaunces in King Edwardes dayes the thirde wasANSWERS, 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 ail other matiers of the saide
Article be sufficeantly replied to as troueth asketh and requireth, as
well to the jurisdiccions libertees fraunchises and power to hold
plees &c., as in their compleynts been comprehended, as to ail other.
And as to the disclaunder which the saide Mayer and Comminalte
hâve putte upon the saide Hue Lucas, the saide Bisshop Dean
and Chapitre seyen that thei know him for no such misgoverned
man, neither thei knowe in no wyse of affray that he shuld make
upon Bichard Attewode atte the Gilde Hall dore ner of eny arrest
ther upon him had after the manner and fourme that the saide
Mayer and Comminalte hâve articled. But thei seyen that thei
knowe well that the saide Hue was furiously dreven into the saide
Cathedrall Chirch by officers and other of the saide Citee witli
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 ail that thei godely myght laboured to save the saide Hues lyf,
being in right grete perell therof, withoute comaundement or
knouleche of the saide Dean and Chapitre or eny harme doing or
menyng to ony maner officer of the saide Citee or in enywise
smyting eny man or mace ; but one of the saide officers violently
with a custrell smote one John Fawton a mynyster of the saide
Chirch upon the hede, he being in his habite ; by the which and other
abhomynable mysgovernaunce ther made by the saide officers the
saide Chirch was peluted in maner and fourme as it more pleinly
appereth by the examynacion therupon had and by the Article of
replicacion of the saide Bisshop Dean and Chapitre late made &c.
Article II.
Item as to the seconde Article of theire compleints the saide
Bisshop saieth as he seide in his thirde replicacion &c. withoute
CAMD. SOC.	O98
ARTICLES OF COlVfPLAINT,
that that the saide Bisshop atte eny tymes hath had or kept eny
part of such money so sette to his owne use. And there as it is
supposed by the saide Maier Baillifs and Comminalte that eny such
dyme which shuld be due in William Upton’s tyme was with-
drawen, hit was paied and delyvered to the saide William Upton
and by him receyved as député of the Kings collectours in the
shire of Devenshire by the honds of Water Hert Baillif of the saide
Bisshop. And as to the paiement of eny dyme in the tyme of the
saide John Cotiller, the saide Bisshop saieth that the tenants of his
saide fee were not warned to corne to the saide Gild Halle to the
assession therof, and that the saide Maier and Comminalte assessed
and sette the saide tenants, in whom thei had no such power, of
malice to a importable sume otherwise then ever thei were wont to
paie, so that ther would hâve remayned in the saide Maiers honds a
grete sume therof above the saide dyme, like as there hath remayned
in other Maiers honds somtyme viiH sumtyme cs and sumtyme more
sumtyme lesse. But the saide tenants offered to the saide John
Cotiller as député aforesaide by the honds of the forsaide Walter
Hert Baillyf to paie and yet be redy to paie as mich as thei were
wont to paie to fore and he refused to receyve it. And as to ail
other conturbucions and charges comprehended in the saide Article,
the saide Bisshop saieth that his saide tenants were never contri-
butaries therto, ne ought to be in forme as the saide Maier and
Comminalte hâve declared ; for as moche as the saide fee is sépara te
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 Comminalte for to hâve 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 matier 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 hâve be seised of tyme
that no mynde is of a Chirch called Saint Petre in Excetre a Cimi-
tery annexed }?er to w* a paleis and o]?er divers londs and tenements
called Saint Stepliyns 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 tyme that no mynde is hathe
and hâve had view of Frank Plegge weif and straif and ail other
profits longing to a viewe, and one Water Hert Baillif of the saide
Bisshop toke the saide hors and chaleis 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 Cimitery and paleys or eny parcell
therof for to take eny knouleche of eny félon or sight of dede man
convycte within the saide paleis, the saide Bisshop saieth that the
coroners of the saide Cite hâve no jurisdiccion within the saide
Chirch Cimitery paleys and fee, but only the coroner of the shire of
Devenshire, for as moche as the saide Chirch Cimitery paleis and
fee ben separate and distincte fro the saide Citee. And as to the
remenaunt of the matier conteynyng in the saide Article, the saide
Bisshop saieth that him ought not answere therto by the lawe.
Article IY.
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 maner 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
o 2100
ARTICLES OF COMRLAINT
Strete, but the strete tliat thei call Fissh Strete is called Saint Mar-
ty ns Strete otherwyse called Chanons Strete ; atte which ende tlier
hath ben a wall and a brode yate in the saide wall fro the tyme tliat no
mynd is, by the which yate citezeins of the saide town atte ail tymes
as nede requyreth hâve had and may hâve by resonable warnyng
free comyng and going to repaire the saide towne and walles
wîthoute 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 hâve declared, the
saide Dean and Chapitre seyen that the punysshment of ail pur-
postlires within the saide Citee longeth to the King and not to the
saide Maire and Comminalte. And over that the seyen that ail free-
holders within the saide Citee of tyme that no mynd is, which hâve
eny houses or tenements in the saide Citee, hâve used to make stalles
in ail 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 stalles in the Kinges
Hie Strete joynant to the saide tenement nat noying the Kings peple,
which be the same purpostures that thei compleyn hem 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 su ch
bee, the said Bisshop Dean and Chapitre understorid that such staires
paleis and gardeins within the said palises in no wyse shuld cause
the saide Mayer and Commynalte therof to complain or to be greved
for as moche 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 made within eny place of the
saide Citee eny purpostures stalles or wyndowes upon eny grounde
of the saide Maire Baillifs and Comminalte.ANSWERS, REPLICATIONS, AND REJOINDERS.
101
Article Y.
And as to tlie y. 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 which is within the procincte
of the saide Chirch and Cimitery and no comon wey but oute of
the jurisdiccon of the saide Mair and Commynalte, which Cloister
dores atte ail tymes hâve be shette except tymes to goo in procession
or to the Chapitre House or to the said Library or eny other such
resonable tytne ; atte which tymes and in especiall in tyme of dyvyne
service, ungoodly ruled peple most custumabely yong peple of the
saide Comininalte within the saide cloistre hâve exercised unlawfull
games as the toppe, queke, penny prykke and most atte tenys, by
the which the walles of the saide Cloistre hâve be defowled and the
glas wyndowes ail to brost, as it openly sheweth, contrarie to ail good
and goostly godenesse and directly ayens ail good policy and ayens
ail good rule within the sayde cloyster to suffire eny such mysruled
people to hâve comune entre which spare not withyn a quarter of a
yer to pollute the saide Cimitery and their saide moder Cathedrall
Chirch, not eschewing to doo the same within the saide Cloyster
whmte that that the saide Maier and Comminalte 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 Comminalte, the saide Bisshop Dean and Chapitre seyen that
the saide Article is but a feyned matier 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 hem atte curfew tyme, ail
the yates of the saide Close stonding open and and the weket of the
brode yate an oure after as it ought to be, atte the litell stile came
yn to the saide Close and broght lire in a sho and sette the saide102
ARTICLES OF COMJPLAINT,
egge a fïre within which was xxu 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 mynyster of the saide Chirch, which as God
would in ail hast quenched the saide lire and so excluded ail mis-
chefs therby like to hâve fall as wele to the saide tymber and tene-
ments of the saide Chirch as bilding of the 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 hâve 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 hâve 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 Commynalte 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 hâve a way
by the saide postrons to over se the towne walles and none other
use except tyme of werre, which postrons and brede of the saide
buttyng wall so of duete to hâve be repaired by the saide Maier
and Comminalte 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 hâve fre comyng
in to the saide gardins atte their owne will and to feyne matiers of
disclaundre upon mynysters of the saide Chirch contrarie to ail
godenesse and to the saide composicion ; which Mayer and such
dredefull people of his commynalte be the mysgoverned people and
yncomers that thei spoke of and none other ; withoute that that thei
the said Maier and Comminalte in eny tyme this C. yere liave doo
or made eny reparacion in the saide postrons towre and dore of theANSWERS, REPLICATIONS, AND REJOINDERS.
103
saide towre, and without that that the saide Bisshop Dean and
Chapitre or eny of their servants in eny wise hâve broke eny lokks
or dores or in eny manner hâve harmed or hurt the saide towre
after the fournie by the saide Maire and Commynalte articled ; but
for their owne honeste and nécessite for defaute of reparacion atte
their propre costes and expenses hâve repaired the saide walle so
fallen downe and made dores in their severall grounde by the
which the saide Maier and Comminalte many yeres hâve liad free
yn comyng and such cherisshing with ail gentilnesse as Chanons of
the said Chirch coude make hem in such wyse that as for that way
thei ought feyne no matier ne cause to compleyn hem of.
Article VIII.
Item to the viii. Article of the saide Maire and Commynalte,
the saide Deane and Chapitre seyen that sothe it is that such
a lane lieth bytwene the mansions of the saide Chanons and Friers,
which lane is no severall grounde to the saide Maier and Commi-
nalte but comon to ail such Chanons as hâve mansions adjoynyng
to the saide lane, there thourgh for to make theire cariages atte their
ease and liberté withoute eny lycence of the saide Maier and Com-
mynalte thereupon required to be asked ; withoute that that the
saide Deane and Chapitre or eny other man by theire comaundement
hâve cast eny such rowble or unclenly things in to the saide lane or
eny goter there hâve broke up or stones in eny wyse therof hâve
caried awey.
Article IX.
Item to the ix. Article of the saide Maier and Comminalte, 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 Commynalte ne to their charge of repara-
cion but therof to hâve a key to over see the towne walles, and the
saide Friers to hâve another and the Chanons the thirde, by the
which key so being in the saide Mayer’s warde, yif eny nyght104
ARTICLES OF COMPLAINT,
walkers herkeners or any mysgoverned people or mysgoverned
women hâve corne yn or oute atte the saide yate, withoute that that
thei hâve knowe eny other such people by the saide yate to corne
yn or oute whicli 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 J?e part of the saide Maier, yif eny such mysrule and bawdery
bee within the saide taverne, yifhe 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 hâve no such correcion
ne knowe eny such mysruled preistes using the saide taverne as be
spec.efied in the saide Article ne none so mysruled persones within
the saide Close.........as he that is cause and yever of ensainple
to ail such mysgovernance.a
Article X.
Item as to the x. Article of the saide Maier Baillifs and Com-
minalte touching holding of eny pl...........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 hâve had in Excetre a viewe of
Frank Plegge as it is more pleynly above rehersed.
Article XL
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 among other of brede
a 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 mynde 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 hâve no jurisdiccion
correccion..........And the saide Bisshop saieth that neither he
ne none other by his comaundement never sende s .... t wyne ne
none other to Topsam ne to Budeux as the saide Mayer most dis-
claunderly hath surmytted.
XXXIV.
The Mayor’s Réplications 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 Cliurche of
Excestre.
Article I.
The seide Maier Baillifs and Comminalte seyn that aile the
maters conteyned in their furste Article is gode and true as they
ben and woll be at ail tymes redy to prove as your full notable
discrecions woll rule tliem 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 y s write yn an olde
table the which hongeth yn quere of the seide Church writen thus
Anno Domini xlix° Vaspasianus cum exercitu Romano Civitatem
Exonie octo diebus obsedit sed minime prevaluit, Arvirago Rege civi-
bus prestante auxilium. And they supposeth right well that Seynt
CAMD. SOC.	P106
ARTICLES OF COMPLÀINT,
Edward accursed and knowyth right wcll yndede tliat tliey buth
accursed aile suche that yn enywyse fro the seyde Churclie wil-
lyngly and wyttyngly withdrawith or buth wyllyng to withdrawe
eny right fro the seide Churclie or malynge ; and the seide Maier
and ail the hole Comminalte and the Mayer most specially prayeth
and ever shall praye God and Seynt Edward and ail the Seynts in
hevyn and yow to do the same aswell as ail they that withdrawith
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 Churclie and
ail thyngs therto belongyng, was and at aile tymes afore that of
whiclic no tyme of mynde îs notlier at that tyme was, stode called
named and reputed as a Cite and so conceyved and knowed ; at
wliiche tyme the saide Churclie Cimitere Paleys londis and tene-
ments belongyng therto were hâve be and y et of right ought to be
yn and of the saide Cite and parcell of the sanie, not separate ne
distynct therfro ; witlioute that hit is conteyned yn the boke of
Domesdey that they were separate and distyncte fro the seide Cite,
and witlioute that the Bysshop and his predecessours tyme of Seynt
Edward were possessed of eny suche fe as they seyn ; of the wliiche
sufficiant provis at aile tymes of recorde shall be redy to be had. And
as to the fe ferme answered to the progenytours of Oure Soverayn
Lorde the Kyng, they seyn that they and theire predecessours hilde
the seide Cite at fe ferme yn the tyme of William Conquerrour
as hit appereth of recorde ; afore wliiche tyme, thenne of tyme tliat
no mynde was, they and theire predecessours hadde holde the seide
Cite to Fe Ferme yn like fourme. The wliiche 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. And as touchyng other articlis conteyned yn
theire seide compleynt, the wliiche the Bisshop Dean and Chapitre
hâve answered yn theire repplicacion'as they seyn, the seide Maier
Baillifs and Comminalte seyn that the mater yn the repplicacion of
the seide Bysshop Dean and Chapitre to their rejovnder made ysANSWERS, REPLICATIONS, AND REJOINDEIIS.
107
not sufficiantly answered ; the whiche tliey remytte to youre grete
wisedomys and discrecions ; and as to the answere to the rescours
made by Hugh Lucays, tliey seyn that ail the mater conteyncd yn
tlieire compleynt is gode and true as tliey at aile tymes wolbe redy
to prove after youre discrecions.
Article IL
Item as to the seconde answere of tlie seide Bysshop Deane
and Chapitre to the Articlis of this seyde Maier Bailli fs and C-om-
minalte, tliey seyn that aile the maters yn that Article of compleyntis
and every Article of Compleyntis wythynne the same as well as yn
other answeris of the seyde Maier Baillifs and Comminalte to the
Articlis of the sayde Bysshop Dean and Chapitre and yn the re-
joynder to the same, som by matter of recorde some prescripcon and
as liath be lawfully used, and som by other évident writyng and
witnesse, slialbe proved gode and true after your wise discrecyons
and as ye woll rule ham to. And as to that the Bysshop seytli that
eny dyme or pareell therof sholde be payed to William Upton, som
tyme beyng Maier, and by liiin receyved as député to the Kyngis
collectours yn the shire of Devonsliire by the liondis of Walter
Herte Baillifs of the seyde Bysshop, the seyde William Upton
hath right faithfully seyde and we seye that lie receyved never so
ne yn none otherwyse no sucli monev. And as to that the Bysshop
seith as touchyng the payement of eny dyme yn the tjrnie of the
seyde John Coteler that his tenantis of that lie calleth his Fe were
not y warned to corne to the Gildehalle, to the assssyng therof,
the seyde Mayer Baillifs and Comminalte seyn that tliey were
warned as tliey 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 ymportable some
other wyse tlien ever tliey wer wont to paye so that tlier wolde
liave remayned yn the seyde Mayer’s hondys a grete some therof
above the seide dyme like as tlier hath remayned yn other Mayer is108
ARTICLES OF COMPLAINT,
hondys some tyme vii ti. some tyme y ii. som tyme more som tyme
lasse, tlie seyde Mayer Baillifs and Comminalte seyn that the seide
Bysshoppis tenantis wer never so sette bot favorabilly and with-
ynne that ham oughte and myghte hâve be assessed and payedy
ne never otherwyse at no tyme assessed ne payed then longeth
to tham to be assessed and payed or wyth ynne, as hit shall
be ryght well y proved by ryglit gode and true witnesse and olde
bokys therof y made, and that by assent of ham self and their awne
assent and aggrement. How so be that the seyde Mayer Baillifs
and Comminalte by otlier men myght hâve assessed ham, they not
called therto, ne no suche mony remayned, ne bot right litell or none
at eny tyme hath remayned, and that whata hath remayned hath
be departed ayen among suche of the porest puple that hâve bore
charge and payed therto, and som tyme hath lakked ; whiche hath
be payed with the comyn gode, while ther was eny, as well as som
tymes ail yn dyscharge of the comyn puple of the seyde Cyte, as ail
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 député aforseyde to paye by the hondys of the forseyde
Walter Herte Bayllif and yetbuth redy so topaye as moche as they
wer wont to paye to fore, and he refused and wolde not receyve hit,
the seyde Mayer Bayllifs and Comminalte seyn that true hit ys
that the seyde tenantys offerred to the forseyde John Coteler as
député aforseyde to paye, and yet as they supposeth byth redy so
to paye bot as moche 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 tyme of Kyng Edwarde the Thirdde the vi. yere as hit
appereth of recorde ; the whiche they remytte to your wysedomys.
And as they and John Coteler seyn that they ne wolde ne yet woll
no suche mony so unlawfully assessed and made levy as hit ys sur-
mytted yn the Article of the seyde Mayer Bayllifs and Comminalte
a whiit] wlicn, 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 tlie seyde
unlawful proffre. And as to ail the rémanent of the seyde Article,
the seyde Mayer Bayllifs and Comminalte seyn that they woll prove
hit gode and true as hit ys aboveseyde yn this same repplycacion.
Articles III. IV.
Item as to the thirdde and fourthe Answeris of the seyde
Byssliop Dean and Chapitre, the seyd Mayer Bayllifs and Commin-
alte seyn that the mater conteyned yn their seyde Articlis shall
be sufficyantly proved gode and true som by mater of recorde
and some by mater 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
Comminalte and their predecessours hâve hadde and of right aughte
to hâve aile maner punysshementys and avantagys of aile maner
purpresturys witliynne the seyde Cite and precyncte of the same,
the whiche they buth redy to averre and prove. And as touchyng
to theire surmys that every freholder yn the seyde Cyte hâve used
to make stallis yoyant to theyr tenementis yn maner and fourme
yn the seide answeris conteyned, the seyde Mayer Baillifs and
Comminalte 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 Comminalte. And they seyn that the housys and
tenementis whiche the seyde purpresturis beth made and y hadde
buth bot of right late tyme and withynne tyme of mynde bulled110
ARTICLES OF COMT^LAINT,
and ne ver none before. The whiche tenements and purpresturis
buth aile yn and of and parcell of the seide Cite.
Article V.
Item as to ve Answer to the Article of the seyde Mayer Bail-
liffs and Cominalte, they seyn that ail the mater comprehended yn
the seyde Article shall be effectually proved gode and true. And
as to that they seyn that the seide Maier and Comminalte hadde
never comyn wey thurgh the seyde cloyster, they seyn that withynne
tyme of mynde ther was no suche Cloyster ther bot ail opyn
Churche hey and a comyn wey over yn to the seide Churche ; and
as to the rémanent of the mater comprehended yn the seide answer,
the seide Mayer Baillifs and Comminalte seyn that they by the
lawe buth not bounde therto to answere.
Article VL
Item as to the vi. Answer of the seyde Bysshop Deane and
Chapitre, the seyde Mayer Baillifs and Comminalte seyn that ail
the mater conteyned yn their Article is gode and true and not
feyned ne to disclaunder no mynester of the seyde Churche. And
yn speciall that the Close yeates and the litell stile most specyally
wer y-shitte as hit is comprehended yn the Article therof made ;
withoute that eny suche came yn atte lytell stile beryng fyre in a
slio as they surmytteth or yn eny other wyse, and that shall be ryght
well and truly proved.
Article VII.
Item as to the viie Answer of the seyde Bysshop Deane and
Chapitre, they seyn that ail 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[ticle] sholde be of
the brede of a kernell of the seyde towne wallis and that by theANSWERS, REPLICATIONS, AND REJ01NDERS.	111
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 tliat tliey myght hâve fre comyng yn to the seide
gardyns attheir owne will to fa[yne maters] of disclaunder aponthe
minesters of the seyde Churche, and that the comyng yn of the
Mayor [and] suche dredeful puple of his Comminalte sholde be
the mysgoverned puple and yncomyers that the Mayer and Com-
minalte compleyn of yn their article, and that tliey for their owne
necessyte for defaute of reparacion atte their awne propre costeys
and expensis hâve repayred the seyde wall so fall adoun and y
made dorys yn theyre severall grounde, the seide Maier Baylifs
and Comminalte seyn furst that the seyde dorys sholde be of the
brede of the thicknesse of the towne wall withynne the kernellis of
the same, 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 sufficiant wall and dore larger for his awne
yese and disporte and ail at his awne wyll, and oon Mayster
Bobert Boson, som tyme Chaunceller 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 made anotlier postern dore allowe yn his gardyn for
his better yese and disporte going yn and oute atÉ that dore;
the whiclie stoppyng of the dore the Maier and Comminalte ever
sithen hâve sufFred and go yn and oute when tyme hath be at
that other side dore, excepte this yer that he wolde not, and thogli
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-made upon their severall grounde
at their propre costys and expensis repayred that they compleyn
ham of, withoute that the Mayer and Comminalte 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 Comminalte112
ARTICLES OF COMPLAINT,
be eny suche dredefull and mysgoverned puple and yncomyers as
tliey speke of ; for the puple that tbe Mayer and Comminalte yn tlieir
divers Articlis meneth and compleyne ham of, tlieir namys not
specifyed for noyse and disclaunder that myght corne therof, y s ne
buth their Holy Gostly Fader the Bysshop ne Deane ne Chapitre ne
noneof tham ne botright fewe of their mynesters ne servantis famyliars
that such noyse and disclaunder as hit is supposed sholde be to, bot
right grete and worthy of the contrey and suche as hâve be wonte
to be called worthy of the Cite of Excetre and other to grete harme
hurte hyndryng noyse and disclaunder of Mli and moche more; the
which ail shall be proved gode and true and parcell as the lawe
wyll bytwene party and party, prayng yow my Lorde Chaunceller
yf hit please your gode Lordesship by mouthe to knowe hit &c.
and ail 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 Chaunceller most specially, and
yow oure other Lordis Justises, to comaunde our Holy Fader the
Bysshop Deane and Chapitre to suffire 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 viie Article and two dyvers lokkis and
keyes to be sette apon every dore to be opened bot onys yn a yer
after the fourme effecte and entent of a composicon therof made
and to avoyde aile yn and oute comyers bot as by the compesicon
aboveseide. And that they may hâve make repayr maynner use
and occupye to their awne use and do as they woll and aughte to do
with and yn the same tour comprehended 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 whiche tour and dorys yn their Article of compleyntis as hit
is compleyned ys not withseyde.ANSWERS, REPLICATIONS, AND REJOINDERS.
113
Articles VIII. IX. X.
Item as to the viiie ixe xe and xie Answers of the seyde
Bysshop Deane and Chapitre, they seyn that ail the mater 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 y s
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 Comminalte
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 hâve corne yn or owte atte seyde dore,
that they hâve corne by avys and ordynance of the seyde Mayer;
and also as to that they seyn that it wer the part of the seyde
Mayer, yf eny suche mysrule as ys comprehended yn the Article or
bawdry, yf he be clere yn his awne person, to compleyn and to se
that hit wer corrected and amended, and that they knowe none
suche mysruled person as he that is cause and yever of ensampell
of ail suche mysgovernance ; the Mayor Baillifs and Comminalte
seyn that the Freris hâve no yeate ther ne keye, ne none aughte to
hâve, ne never they ne none other man hadde, ne aughte to hâve
bot by the Mayer and Comminalte, and that the Mayer and Com-
minalte at aile tymes hâve made the seyde yeate and repayred hit as
ail shall be right well proved by right gode open and evydent
writyngs and witnesse, and that the Mayer ne no man that they
surmytteth apon hadde never keye therof wherby eny suche mys-
governed puple sholde corne yn or owte. And the Mayer seith
that true hit is that hit is his part to correcte and amend suche
mysgovernance as y s surmytted yn Beau fi tz is Taverne ail 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 négligent 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 commaundement of yow my Lorde Chaunceller
CAMD. SOC.	Q114
ARTICLES OF COMÇLAINT,
and other lordes, he woll amende hit as sone as God well yeve hym
grâce and tyme to as the lawe woll. And as to his clere lyvyng yn
his awne person and cause yever of ensample of ail suche mys-
governance, he seyth that God wote who ys cler of his lyvyng “ quia
nemo sine crimine vivit” and prayetli 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 ail Churche of Engelonde and his High Holy Gostly
Fader to amytte hym to his purge for the grete parte of the
mater of disclaunder that y s thus disclaundely of yvell wyll openly
putte apon hym and that for the love of God and yn wey of charité.
The articles of complaint being answered and replied to, the proofs
appear to hâve been stated. The following “Articles of Prooff and
the answers ihereto hâve been found.
XXXV.
The Bishop’s Articles against the City to proye that
THE BlSHOP’S FeE IS DISTINCT AND SEPARATE FROM
the City.
These maters folwyng prove that the Cathédral 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. domos xv. minus °lc. Episcopus habet in
Exonia xlvij. domos duas acras terre et dimidiam whiche maketh
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 seideANSWERS, REPLICATIONS, AND REJOINDERS.	115
Cite as the Mayer and Comminalte of Excetre liave supposed before
tliis yn theire awne writyng.
IL Item William Conquerrour and aile bis heiris hadde tbe seide
Cite yn theire awne hondes as there aunceon demene distyncte and
ceparate fro4 the seide Bysshoppis tenementis tille the ijde yere of
the reynyng of Kyng H. the thirdde duryng whiche tyme somme
yeris the Shirivys of Devonshire accompted of the issuys and proffitis
therof yn the Kynges Excheker as parcell of the ferme of the shire
and somme yeres gardeyns of the seide Cite, as hit appereth of recorde
yn the Escheker; ail whiche tyme the seide Bysshoppis tenementis
were not claymed to be parcell of the seide Cite.
III.	Item none of the Bysshoppes of Excetre nother theire tenantes
of theire saide tenementis paied ne ver rente nother didde eny ser-
vicys [to] the lordes nother to the gardeyns or possessours of the
seide Cite as tenantes of aunceon demene doth to their lordes.
IV.	Item the seide Bysshoppis fro the tyme that noo mynde ys
hâve hadde a Court yn theire seide fe and lete and vyw de franke
plegge, as shall be proved by olde rollis 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 riglit sywed there 7c.
V.	Item the citeseyns of the seide Cite hadde never libertees ne
custumys before Kyng Harey is tyme the thirdde bot as Burgeyses
and tenantes of aunceon demene sholde hâve ; at whiche tyme
they were worthy and thrifty puple and suifred the seide Bysshoppes
and theire tenantes of theire seide fe to be yn pees till afterward
nywe charters were made to theyme.
VI.	Item the Citeseyns of Excetre hadde never the seide Cite
to fe ferme before Kyng H. ys tyme the thirdde ; at whiche tyme
they by coloure of a voyde charter made to theym therof by Richard116
ARTICLES OF COMPLAINT,
Kyng of Almayne 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 jugement hadde ther apon by grete deliberacion, and the
Shrive of Devonshire charged by writte to answere to the Kyng of
the yssuys and profits therof, as hit appereth of recorde yn the
Escheker ; and afterward the 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 hâve wrongfully dyvers tymes claymed
the seide Bysshoppes tenements to be parcell of the seide Cite otlier-
wyse then ever was done afore.
Indorsed : Copia vera.
XXXVI.
The Mayor’s Answers to the Bishop’s Articles of Proof.»
These beneb 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 c calle now the Byshoppis fe otherwyse and rather y] called
Seynt Stephens ys fee and nowe otherwyse they calle c [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. domos xv. minus Je. Episcopus habet in
Exonia xlvij. [domos duas acras terre et dimidiam Je. whiche]
maketh the seide Churche Cimitere and fe so that the seide boke
proveth as the seid Bysshop seith that the Bisshoppis [tenauntes
•The text is from an imperfect copy roll. A collation is given from a full copy in
parcliment found after the transcript was made—it is designated A for the purpose.
Slight variations of spelling hâve not been noted.
b bene] bytb. A.
c 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 demene. The
whiche the seide Maier and Comminalte 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 yna to
your grete wise [domys]. And yf hit so were by reson hit sholde
be called Seynt Peter is fe, and so washitnever, nother the Bysshop
is fe as they now claymeth bot long sithenys tyme of mynde. Bot
if eny fe be hit hath be called Seynt Stephens fe as the seide
Bisshop hath supposed and claymed yn his furst and seconde articlis
of compleyntis, and annexed to the Churche of Seynt Stephen of
Excetre hed place of the seide fe, as of olde tyme 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 sy wte 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 ; w1 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
seideb 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 com-
pleyntis separatly and ceverally hath supposed and claymed ; with-
oute that hit be conteyned yn the Boke of Domysday or Osbert the
seconde Bysshop of Excetre [among wother claymed or made]
mencyon of eny suche Church of Seynt Stephen or fe ; and with-
a yn] omitted in A.
b 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 William Conquerrour as they hâve
above supposed and claymed. And so the seidea boke of Domysday
proveth right noght for the saide Bisshop Deane and Chapiter yn
this mater, band that they remytteth as hit is aboveseide.b Bot they
seyn that hit proveth by that the Bisshop0 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
Begis Edwardi Episcopus habet in Exonia duas acras terre et dimi-
diam et jacent cum terra Burgensium que ad ecclesiam pertinent,”
the whiche lorde Osbert the seconde Bishop there claymed to hâve
yn Seynt Edward is tyme yn the Cite of Excetre withoute eny
more as hit appereth yn the same boke of recorde ; the whiche
londe maketh the Bisshoppis Paleis and the gardynes annexed
therto. And yn Kyng William Conquerror is tyme the seide
Bisshop claymed the same londe and a Churche beryng a marke
and xlvij. housis beryng x§. 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 tyme and somme of the seide Kyng William
Conquerrour is tyme beryng custume or rente or bothen d ; of the
whiche Churches housis londis and tenementis somme buth of the
seide Bisshoppis and his predecessours and somme of Bisshoppis of
other diocèses and of religeous and of erlis barons knyghtes squyers
and other none withseide bot ail parcell of the seide Cite and
annexed to the same, whas namys and parcellis meny buth conteyned
yn a bulle annexed hertoe with meny moo that ther buth, in aile
a seide] omitted in A.	b and to aboveseide] omitted. A.
c Bishop] omitted. A.	d bothen] both. A.
« On a rider occur extracts from Domesday relating to houses in Exeter which pay
custom to the King, viz. : “ Terra episcojpi de Exonia. Episcopus de Exonia habet in
civitate unam ecclesiam que reddit j marcam argenti et xlvij. domos reddentes xs. xd.
et due domus sunt vastate per ignem. Ibi due acre terre et dimidia et jacent cum terra
Burgensium que ad eccliam pertinent. Ipse episcopus tenet in Excestria ix. domos
reddentes iijs,” Also “ Terra Episcopi Constantiensis—Ecclesia Batailze—Terra ComitisANSWERS, REPLICATIONS, AND REJOINDERS.
119
maketh the nombre of lx. and moo Je. as hit appereth of recorde.
The whiche rentis aile of tyme that no mynde renneth hâve be and
yet bene parcell of the fe ferme of the seide Cite. And so hit
proveth by the seide boke of Domesdey that the seide Churche
Cimitere housis londis tenementis and fe buth not franke fe ne
ceparate ne distincte awey fro the saide Cite, as they above hâve
leide, bot at ail tymes hâve ben and yet buth yn and of the seide
Cite annexed therto and parcell of the same as well as of other of
the same holayng comprehended and made mencion of yn the seide
bille. And yn prove that the seide Cite was at fe ferme yn the tyme
of Kyng William 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 ferme. And yn more prove therof
they seyn that yn Kyng Harry is tyme the furst, sone to the Con~
querroure, the iiije yere of his régné, Mawte his Quene founded the
hous of Crechurche yn London and yeaf to the foundacion therof
“ duas partes redditus Exonie.” And so the same Kyng Harry the
furste confermed hit by these wordes “De redditu Exonie*’ Je.
And so hit proveth fe ferme.a Bot yn more full prove therof the
same Kyng sende a writte yn to the Barons of his Escheker yn the
whiche is conteyned these wordis “ Sciatis me concessisse esse
stabule (sic) donum quod Matilda uxor mea dédit et concessit
Canonicis Sancte Trinitatis Londonie de firma civitatis Exonie.
Et ita distringatis sicut feceritis de mea propria firma.” The
Moritonie — Terra Baldwini Vicecomitis — Terra Radulfi Pomeray — Terra Alveredi—
Terra Godeboldi,”—with this note : “ The whiche aile churchis housys londys and tene-
mentis buth of oo holdyng as well as ryght meny moo other and dyverse whiche aile
passyth the nombre of lx. and moo beryng rente or yeldyng custume as ail apperith of
recorde yn the seyd boke, none wythseyd except the xlvij. housys aboveseyd now late ;
the whiche the Mayer and Comminalte seyn that ail buth parcell of the seyd Cytee yn
and of and annexid to the same. And they seyn that ail the rentys aforseyd ben parcell
of the fe ferme of the said Cyte, and that rentys and custumys 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.”
a fee ferme. A.120
ARTICLES OF COMJPLAINT,
whiche writte is of recorde wherof a copy is redy to shewe, and
thus hit proveth that the seide Maier and Comminalte hadde the seide
Cyte of Excetre to fe ferme yn the tyme of Kyng William Conquerror
by no graunt of Kyng bot by prescripcion, and so [at ail tymes] vew
de franke plegge as they hâve alleide yn theire furste article of theire
compleyntis and as hit is allowed be fore justice yn Eier a amonge
other thynges by these wordis “ Cives Exonie habent placita de
vetito namio, furcas, assisas panis et servisie ‘ïc. 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 Comminalte or by name of a fe ferme as yn
the iijde Kyng Harry is tyme the xx. yere of his régné by these
wordis “ Cives Exonie debent xij îi xix s. de firma ville sue et vj ti
ix§. vj d. de eadem pro dimidio anno sed non debent summoneri
quia Ricardusb frater Regis Cornes Cornubie habet Ifc.” as hyt
apperith of recorde as wel as yn the thrydde Edward is tyme, the
vjte yere of his régné ; at whiche tyme the Cyte was seisyd yn to the
kynges hondys and the Shrivey charged wyth the yssuys and profitis
therof by wrytte by thés wordys “ Preceptum est Yicecomiti %.
quod eandem civitatem capiat in manu Regis et de proficuis inde
provenientibus ” The whiche were never by the Shyryve y
aunswerid yn to the Kyng, bot at hys accomptes therof discharged
and the Citee charged by thés wordis:	“De qua quidem firma
iidem Major et Cives restant onerandi ” ‘ïc. And so hit proveth
alwey a fee ferme as hyt is abovesayde ; wythout that hit was at ony
tyme y aunswerid yn to the Escheker by these wordis “ de proficius
aut de exitibus” Je.
Item to prove that the seyd Churche londis and tenantis buth
noo franke fe ne ceparate ne distyncte awey fro the seyd Cytee as
a Justices of an eyer. A.
b Richardus] Rex. MS.ANSWERS, REPLICATIONS, AND REJOINDERS.
121
they hâve above supposid and leyd ;a furste hit is a grete prove
the grete and meny dyvers provis that the Mayer and Côminalte hâve
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 ail tymes hâve be chargeable and charged wyth
theym yn al maner taxacions talliages and charges, the whiche buth
specyfied yn alb theire seconnde article of compleyntes, and specyaly
yn a taxé yn the furste Edwardys tyme, the vj. yere of his régné, of
every mannys rente of cytees and burghes the xth parte to the Kyng,
as hit more opynly apperyth yn the fourth article of provys ; at
whiche tyme of assesse levy and payrnent 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
roi lys and the commyssyon of recorde, the whiche buth redy to
shewe.
Item more and right openly hit proveth by tliis that the tenantis
of the seide Seint Stephens fe to aile dymes y-graunted and payed
to the Kyng at eny tyme, the whiche dymes buth graunted0 payed
and made levye bot of cytees and burghes, the seyd tenantys of
moste olde tyme and sythenys hath payed, and yet yn thés dayes
whan hit corneth, 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 hâve 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 tenementis with ynne the seide
clos and cimitere as yn aile other housis londis and tenementis of
the seide Bysshopis with ynne the seide fe whanne hit hath falle, as
hit openly proveth yn the vij. article of our provys.
a and leyd] omitted. A.	b al] omitted. A.
c graunted] omitted. A.
CAMD. SOC.
R122
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 seidea
Cathedrall Churche, aswell as of other londis and tenementis of the
tenementis that the Bisshop calieth to be of his fee, by the pre-
decessours of the Bisshop and dyvers of his tenantis of the same fe
hâve pleded and be pleded and recovered before the seide Maier
and Bailli fs, and so s tonde th seised at this day ; and the Bisshop
specially, and the housis londis and tenementis of the seid fe hâve
passed by fynes and testamentis and y-ruled at aile tymes after the
custume of the same Cite, as hit openly is proved yn the viij.
article of provys of the seide Maier and Comminalte and by recordis
wherof titelynggis thereafter suyth : the whiche recordis buth redy
to shewe. bThe whiche y-shewed they truste to God and to youre
gode lordshippis that hit shall stoppe ham, and they not to be receyved
to seye the contrary nother the Ohurche housis londis ne tenementis
of theiris aboveseide buthb ceparate ne distyncte fro the seide Cite
bot yn and of parcell of the seide Cite and annexed to the same as
they hâve 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 7c. Ail
whiche tyme the Bysshoppys tenementys were not claymed to be
parcell 7c. To the whiche artycle the Mayer and Communalte
seyn that the contrarye of al thys artycle yn theire furste artycle
abovesayde ys suffycanntly proved cand that they remytte yn to youre
grete wysdomys.c
Item as to the thrid artycle of provys, where the Bysshop Deane
a seide] omitted. A.
b The to buth] and is sufficient to prove that they byth nott. A.
c and to wisdomys] omitted. A.ANSWERS, REPLICATIONS, AND REJOINDERS.
123
and Chapytre seyn that none of the Bysshoppis of Excetre nother
their tenantys aoftheyr seyd tenementysb payed never rente nother
didde eny servys to the lordys as tenantys of aunceon demesne:
Thereto the seyd Mayer and Comminalte 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 comprehendyd yn the fyrste
artycle abovesayde.
Item as to the fourthe artycle of provys, where the seyd Bysshop
Deane and Chapytre seyn that the seyd Bysshoppys fro the tyme
that no mynde ys hâve hadde a courte yn theyr seyd fe and lete
and vew de frank pleg, as shal be proved by olde rollys 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 sy wed there : Therto the seyd Mayer and Comminalte seyn that
they ne hâve ne aughte to hâve bot Courte Baron, and that longeth
therto. And that is to prove by many and dyvers records aredy ?c.
And as to ail the rémanent of the same article, hit ys proved the
contrary yn the furste article aboveseyde, and yn the seconde
article of their provys te.
Item as to the fyfte article of provys, wlîere 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 demene shulde
hâve ; Therto the seyd Mayer and Comminalte seyn that they and
theire predecessours hâve hadde and used custumys and libertees by
prescripcion as hit ys above proved yn theire furste article, and
as they maye and ys proved yn theb nexte the vje article sywyng as
wel ync Kyng Harry is tyme the furste as hit apperith by hys
cliartre of recorde that they hâve the same liberties and custumys
that London hath by thés wordys “ Sciatis eos habere consuetudines
Londoniensium sicud barones mei ibidem nobis testantur.” The
a of to tenementys] omitted. A.
c yn] as yn. A.
b the] and the. A.124
ARTICLES OF COMPLAINT,
whiche ys no ny we 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 tlirifty 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 mater yn substaunce to
aunswere to ; nerthelez hit shall be aunswered and declared among
other maters yn a bulle y-brought to my Lord Chaunceler.
Item as to that they seyn that the Mayer and Comminalte 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 ail
theire tenantys didde sy we, pledid and were pledid before the Mayer
and Bailyfs as tham auglite 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 vje 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 athat the seyd Cytee was seysed yn to Kyng E.
the thridde ys hondys. And as to that they seyna 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 Comminalte 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 prescripcions as they didde before. And as to that
they seyn that they sythenys liave claymed the seyd Bysshoppis
tenementys to be parcell of the seyd Cytee otherwise than ever was
done before ; Hliey seyn never bot as ham aughte to do, and as they
hâve provid yn the furste article of provis aboveseyd. And as to
a that to seyn] omitted. A.
b they to ’tc,] whicli is well proved yn the first article of provys ; A. which ends here.ANSWERS, REPLICATIONS, AND REJOINDERS.	125
ail the remmanaunte of this article, hit ys proved yn theire firste
article abovseyd %.b
Thés aunsweris thus made writen and delyvered yn to your gode
lordshippis, we the Mayer and Comminalte of the seyd Cyte of
Excetre trustyng to God tliat we hâve 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 saine 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 replie to thés aunsweris, and we shall rejoyne and lete
them do the same to oure articles of provis. And as we truste to
God the maters by evydencis shall be so declarid that right shall
opynly appere. And therapon that hit please your gode and
gracious lordshippis so to make an ende after the fourme effecte
and entente of our Article of supplicacion 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 examinatur 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 hy the
City, and replied to hy the Bishop and Dean and Chapter. These
articles, ansivers, and réplication, however, are not to be found; the
answer to the réplication only lias been discovered. It is as follows :126
ARTICLES OF COMPLAINT,
XXXV.
The Mayor’s Answer to the Réplication of the Answer
OF THE BlSHOP.
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 Replicacion of the Bisshop of Excetre made &c. ayenst
the Furst Answere of the sayde Mayer Baillifs and Comminalte,
Where the sayde Bysshop yn his repplicacion seyth that there was
an Eyre holdon yn the Shire of Devonshire afore Salamon Roof
and his felowes atte Excetre yn the vtas of Seynt Martyn the yere
of the régné of Kyng Edward the Furst the ixe, and that the
sayde Mayer Baillifs and Comminalte were not restored by fyn by
replevyn made of the sayde libertees and franchises. And also that
yn the iiie yere of Kyng Edward the iiide the sayde Cyte wyth the
apurtenaunce was seysed yn to the Kyngis handys, yn which as after
theire entent the sayde libertees and franchises of the sayde Maier
and Comminalte shuld be expired and extynt and theyre answere
not sufficiaunt : Therto the sayde Maier and Comminalte seyn that
the repplicacon of the sayde Bisshop Dean and Chapitre is not
sufficient yn lawe to exclude ham of theire claym and title of theire
libertees and franchises yn maner and fourme by tham claymed ; for
as moche as they surmytten nor generall ne speciall seysyn therof,
ne non allocucion by Quo Waranto generall ne speciall, ne leye no
recorde in certeyn to conclude hem ; But for more pleyn declaracion
of theire custumys libertees and franchises they seyn that long tyme
afore that Eyre, by protestacion that there ys non suche recorde
as they seyn, atte another Eyer holden atte Excetre anno tercio of
the sayde Edward the Furst and atte another Eyre holden at
Excetre anno quarto of the same Kyng, the Maier and Comminalte
of the sayde Cite that tyme beyng, claymed before the Justise ynANSWERS, REPLICATIONS, AND REJOINDERS.
127
Eire at that tyme beyng, to hâve diverse libertees franchises and
custumys and also suche libertees franchises and custumys as the
Citesyns of London at that tyme hadde, whiche Cite of London at
that tyme hadde ail the same libertees franchises and custumys that
the Maier and Citesyns of the Cite of Excetre yn theire furst
aunswere and articles claymed to hâve ; whiche were yn the sayde
Eyres to them allowed, and after that yn the sayde Eyre by the
sayde Bysshop aleyéd to be holden before Salamon Boof and his
felawes at Excetre as hit appereth in the sayde repplicacon of the
sayde Bysshop, the sayde Maier and Citeseyns seyn that they by
the name of Burgeyses appered atte sayde vtas of Seynt Martyn by
the sayde Bisshop alleyd byfore the sayde Salamon Eoof and his
felowes, and there appered and claymed ail the sayde libertees and
franchises in the maner and fuurme abovesayde. And as touchyng
the seysen by the sayd Bisshop aleyd of the sayde Cite ynto the
Kyngs hondes the thirdde yere of Kyng Edward the Thirdde by
the cause of the sayde Bisshop above aleyd ; the sayde Maier Baillifs
and Comminalte seyn that the sayde Cite anno quinto of the seyde
Kyng Edwarde the Thirdd was seysed in to the Kyngis hondys
salvis Majori et civibus omnibus juribus etlibertatibvs suis ; wythoute
that that hit was that the sayde Cite was seysid into the Kyngis
hondis anno tercio in maner and fourme as the seyde Bisshop hath
above aleyd or yn any other tyme before or after ; in whiche cas the
libertees and franchises of the sayde Mayer Baillifs and Comminalte
at that tyme of the seyd seysone hadd and before and after were
abode and contynued still yn theyr persons wythoute anyynterrupcon
as they hâve supposed in theyre furste aunswere. Wherfore the
sayd Maier Baillifs and Comminalte praith that ayenst the sayde
Bisshop they may be discharged and dismyssed and use and enjoye
aile theyre seyde libertees and fraunchises as they hâve doon byfore.
And there as the sayd Bysshopp seyth that there as the Mayer
and Cyteseyns of the sayd Cite that tyme beyng, atte theire sute
made to the same Kyng Edward, had by hym graunted and con-
firmed to theym by hys letters patentes whych beth confirmed by128
ARTICLES OF COMPLAINT,
owre Soverayn Lord the Kyng that now ys, yn whyclie cas after the
entent of the sayde Bysshop the acceptacion of the sayde letters
patentes shuld conclude and stoppe the sayde Mayer and Citeseyns
to claym any other libertees and franchises then ys conteyned yn
the sayde Letters Patentes ; Therto the sayd Mayre Baillifls Citeseyns
seyn that this mater ys nott sufficiant in lawe to conclude and stoppe
theym ; bot that they may clayme aile the libertees and franchises
the whyche they yn theyr furst Articles and answeris hâve claymed
And there as the sayd Bysshop alleggeth that atte an Eyer holden
anno ix° Edwardi primi atte Exceter claymed to hold plees wythynne
the sayde Cite de vetito namio and none other ; Therto the sayde
Mayer Baillifs and Comminalte seyn that they claymed to hold plees
yn the sayde Cite de vetito namio, returna brévium, extracta finium
and assise of bred and of ale amonge other libertees and franchises
as they hâve claymed above ; wyth oute that that they claymed to
holde plees de vetito namio only and none other. And also where
the sayd Bysshop alleggeth that sythen the tyme of mynde when
any plees or recordes hâve be broght and removed out of that Court
ynto the Kyngs Court atte Westminster the titlyng of the sayde plees
hâve be made “ Exon scilicet Placita tenta ibidem coram Majore et
Ballivis &c. juxta libertates eisdem Majori et Ballivis concessas,” yn
which cas the sayd Maier Bailiffs and Citesyns sliolde clayme to
hâve theire libertees and jurisdiccons by force of the Kyngys letters
patentes and not by prescripcion ; Therto the sayde Mayer BaillifFs
and Comminalte seyn that they ne thaire predecessours never made
certificat ne retorne into the Kyngys Court other wyse ne in other
maner bot accordyng to their title of prescripcion abovesayd other
accordyng to thaire clayme and title of libertees and franchises by
the Kyng oure Soverayn Lorde and his progenitours to them
graunted and confirmed. And there as the sayde Bysshop seyth that
the sayd Maier BaillifFs and Comminalte ne none of theire predeces-
sours never hadde used ne enjoyed jurisdiccions libertees franchises
coreccions and determinacions of ofiensis trespasses dettes contracts
ne of non other matiers ne accons of afFraies done or made ayenst theANSWERS, REPLICATIONS, AND REJOINDERS.
129
Kyngs pees ne of none other thyng don b y twene parti and parti
tochyng plee reall or personell wythynne the sayde Cathedrall Churche
Cimitere and fee of tyme that no mynde ys as they hâve surmitted yn
thaire Aunswer; the sayd Mayer Bailliffs and Comminalte seyn that
they knowe of no suche fee as the sayde Bysshop hath above reherced.
But they seyn that the Maier and Bailiffs of the sayde Cite and ail
theire predecessours of tyme that no mynde ys ben and hâve be seysed
of aile the seyde jurisdiccions libertees fraunchises correccions and
determinacions of offenses trespasses dettes contractes and other
matiers accions and affraies don or made ayenst the Kyng’s pees and of
ail thyngs don bitwene parti and parti tochyng plee reall or personell
wythynne the sayd Catbedrall Churche Cimitere and wythynne ail
the tenements of the sayd Bisliop, beyng wythynne the sayd Cite,
yn maner and forme as they hâve aunswered above; which mater
they will averre. And as tochyng to that that the sayd Bisshop
seyth that there as the seyd Maier and Citeseyns seyn that they
hâve jurisdiccions libertees and fraunchises as ys aboveseyd as well
by severall Letters Patentes of divers progenitours of oure seid
Soverayne Lord the Kyng and by hym confermed as fro tyme that
no mynde ys ; the seyd Bisshop prayth of hyryng of the seyd
Letters patentes and that they may be shewed for he knowyth none
suche of recorde ; Thereto the sayd Maier Baillifs and Citeseyns
seyn yff the Bisshop wyll sey that ther y s none suche recorde, they
bytli redy to averre that ther ys suche recorde, so that they hâve
day tyme and place resonable to bryng hit forth. And as to that
that the seyd Bisshop Dean and Chapitre seyn that the seyd Cathe-
drall Churche and Cimitere ben no parcell of the sayd Cite, but out
of tyme that no mynd is hâve be dystincte and separate fro the same
as hit shall be proved by mater of record ; the sayd Maier Bailliffs
and Comminalte seyn ther ys no suche recorde as th[ey surmetten]
but they seyn they will averre by recorde and otherwyse that hit
is and at ail tvmes hath ben parcell yn and of the [same Citye].
IL—Item as to the seconde repplicacion of the seide Bisshop to
CAMD. SOC.	S130
ARTICLES OF COMPLAINT,
the seconde answer of the seide Maier Baillifs and Comminalte ;
the seide Maier Baillifs and Comminalte seyn tliat their answer is not
suffi ciantly repplied to with that they will averre ail tliyngs con-
teyned yn tlieire seide answere, and pray yow tliat of the seide
Article they be utterly descharged and dismyssed.
III.	—Item as to the iiie Article they seyn that the seyde assessours
ne hâve otherwyse assessed the tenauntis of the seide Bysshope ne
yn none other maner then ever hit hath be at aile tymes used and
accustomed and accordyng to the afférant of the charge for the
tyme beynge and accordyng to their Answer abovesaide.
IV.	V.—Item as to the repplicacion of the iiiie and the ve
Answeris of the seide Maier Baillifs and Comminalte, they seyn that
their Answeris beth gode and sufficiant yn lawe, the whiche they
beth redy to averre and to prove sufficiantly that the seide Cathe-
drall Churche and Cimitere ben yn and of the seide Cite and
withynne their liberté franchise jurisdiccion and power yn maner
and fourme as yn their Answer more pleynly ys conteyned.
VI.— Item as to the vi. repplicacion of the seide Bisshop Dean
and Chapiter, the saide Maier Baillifs and Comminalte seyn like as
they seyde yn their answer above that they understonde not that
they bith bounde oghte by lawe to the seide Article to answer as
they hâve abovesaide, withoute they wer made party to the same.
And as therto as hit is supposed that the seide John Huile tyme of
the pollutyng surmetted was Maier of the seide Cite and divers of
the officers and of the Comminalte ther helpyng assistyng and
supportynge hym yn the saide affray; yn which cas hit shold be
the part of the seide Maier and Comminalte therto to answer :
they seyn by protestacion they know no suche affray ; but for as
myche as they surmette not the saide affray to be don by the seide
Maier and Comminalte nor by their commandement but by synguler
persons ; yn which cas they aughte not by lawe therto to answer ;ANSWERS, REPLICATIONS, AND REJOINDERS.
131
they pray yow that therof they may be discharged. And as for the
violent sbedyng of blode and pollutyng of the Churche of one
John Pawton, they seyn that therto they hâve yeve sufficiant
answer, the whiche they will averre. But for more pleyn declara-
cion the cause and the grounde of shedyng of the seide blode more
pleynly appereth yn an answer by the seide Maier and Comminalte
ayenst the seide Bisshop Dean and Chapiter surmetted a fore yow
putte. The whiche yet by tham abideth unanswered.
VII.	—Item as to the vii. repplicacion the seide Maier Baillifs and
Comminalte seyn that they hâve sufficiantly answered therto, as they
understonde, and made sufficiant justificacion of the wrong by them
supposed, the which they beth and at aile tymes will be redy to
averre. And as touchyng the graunte by oure Soveryn lorde by
his letters patents late to them made, they seyn that the seide
letters patents after their entent bith voide and of none efîecte yn
lawe consideryng their answer therto made and also their compleynt
ayenst the seide Bisshop Dean and Chapiter, by the whiche the
right title and clayme of the seide Maier and Comminalte pleynly
appereth: ayenst whiche right title and clayme the seide nywe
letters patents be direct contrary; wherfor they byseke yow this
premissis considered that of their compleyntis they be discharged
and that they may pesibilly enjoye use and hâve their custumes
libertees and franchises as their predecessours hâve done before
ham.
VIII.	—And as to the viii. repplicacion of the seide Bisshop
Dean and Chapitre, they seyn that aile the mater conteyned yn their
viii. Answere to their compleyntis is gode and true, the whiche they
beth redy to averre. And as touchyng the grete consideracon after
their entent of the lementable injuries that they suffren by mene of
som of their unkynde children, and also wilfulness of certyn persons
of the seide Cite, and also yn eschewyng of menyfolde yncon-
venyencis, they desiren hasty remedy of the seide strife ; and also132
ARTICLES OF COMPLAINT, ETC.
how by divers membres of the seide Mayer and Comminaltees
answers they fayne and coloure their answer with sotelnesse yn
desiryng of lenger delay ; therto the seyde Mayer and Commi-
nalte seyn that the seide consideracons excepte oon touchyn certyn
persons of the seide Comminalte covertely and sotelly yn maner
and fourme of disclaunder; the which longeth not to gode faderhode
ne to priesthode to do, the whiche yf tham luste to déclaré so hit
touche the seide Maier and Comminalte they ben redy therto to
answere. And as touchyng that poynt that the seide Maier and
Comminalte sholde fayne and coloure their answer with sotelnesse
yn desiryng of lenger delay, they remytte tham to your grete wyse-
domes and to their answeris repplicacons and articlis, lowly and
mekely desiryng yow, oure lorde Chaunceller, and yow oure other
lordis the prémisses to consider and how aile the lementable injuries
sotelnesse wilfulnesse debate and strif commenseth and begyneth
yn their part and not yn the part of the seide Maier and Commi-
nalte, and so to ende the mater after their compleynts herde and as
far as gode feith right and true consience wyll and requiren, or ellis
to remytte hem to the comyn lawe, the right there be tried and
determyned. And y John Shillynford nowe beynge Mayer of the
Cite of Excetre byseke yow yn the lowlokyst wyse that for as myche
as the seyde Bysshop Dean and Chapiter hâve noysed by their
writynge not pleynly declared of divers thingis as hit appereth yn
the seide writyng and of divers other thyngis yn coverte wyse as
hit is to suppose, that hit like yow so to rule the seide Bysshop
Dean and Chapitre that they yn pleyn wyse nude and open may put
yn yn wrytyng aile thyngs the whiche they fele ham greved of, so
that the seide John Shillyngforde may hâve thereto an answer, the
which he trusteth to God he wyll spedely answer to the plesance
of yow and his pleyn excuse and declaracon.APPENDIX.
XXXVI.
The Mayor and Citizens of Exeter to the King.
Pétition 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.®
To the King our soveraigne lord,
Besechen most mekely y our humble lieges the Maier and Citez enis of
your auncien Citee of Excetre, the wieh they hold of yow for a fee ferme
to them right chargeable, that where it liked your highnesse by the suyt
of the reverent fader in God Emond Bysshopp [of] Excestre and the
Dean and Chapitre of the same to addresse your letters [of privy seal] unto
your seid Maire and Comminalte of yor Citee aforseid commaunding them
upon J>e peyn of m*. ii. and upon their liegeaunce [to corne and appere]
afore your Chaunceller of Englond and certein of your Jugges by him to be
assigned the xxth day of Juyn last past [and to bringe] w1 them ther Chartres
and évidences consernyng her libertees and Fraunchises and to obey such
reule and ordenaunce as shall be sette by your seid Chaunceller 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 Heaume ; in the which every
yor trew liegeman in this your same Heaume is enherited. Please it your
* The date of this pétition is about July 1447, for in Bishop Lacy’s Register under
date Chudleigh, 18 May, in that year, wefind the appointaient of William Byconyll, 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. 28db, 287.]
CAMD. SOC.	TAPPENDIX.
134
highnesse of jour grete right wisnesse and speciall grâce tendrely to hâve
in rightfull favor jour seid Cite Mayer and Citezeyns, Forasmuch asa it
is ordeigned by tbe statute made in Magna Carta of the libertees and
franchises of Englond J>at no man shuld bee disseised ne put out of his
free hold ne pe King upon him shuld goo, neither him shuld yex 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 pat it is ordeigned by a statute in the tyme of your noble pro-
genitor King E. the IIIde 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^utpresentment 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.b And forasmuch as your seid suppliantz ben
vexed and put to trouble by colour of the seid preve seall ageinst your
lawe and ageinst pe seid ordenaunce to adresse your honorablez letters
under your signet un to your seid Chaunceller commaunding him that ne
no wise he hold afore him no mannere matier by force of the seid preve
seall ageinst yor seid suppliantz, and pt he for that cause dymysse
hem. And yf eny man hâve cause to compleyne ageinst hem pat pei pt
such cause hâve sue the commune [lawe] ageinst hem, and thei as yor
most obeisantz lieges in your commune lawe will answere hem w^ut
delay. And to graunt un to the seid Maier and Citezens of yor seid
grâce yf eny such preve seall or other such your high commaundement
ageinst the lawe of this yor seid noble Keaume 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 honer of God and in wey of
cheritee. And thei yor humble lieges wl ail her triew entent shall pray
evermore to God for your high estate.
a Cite to as] originally '* Mayer and Citizens considering the grete and huge charges
that thei bere yerely to you for the seid Citee and hâve doen unto your noble progenitors
afore this tyme, and howe.”
b And to the end~\ altered in MS. as foliows : Where for most soveraynge lord please
yn Right wiseness that yor said besechers as for yor said preve seall be utterly discharged
and dismyssed and rueled and demened after the cours of yor Comen law and accordyng
to yor Statutes aforesaid yn the wurshup of God and way of Cheryte and they will pray
to God for yo w.APPENDIX.
135
Indorsed:—The supplication unto the Kinge to call yn his com-
maundement that the mayer shall corne to an arbitrament.
A supplycacon to the Kyng for the callinge of his pryvie seall graunted
agaynst the Lawe.
XXXVII.
Bond from the Bishop and the Dean and Chapter to stand to the
AWARD OF THE ChANCELLOR AND TVVO ChIEF JUSTICES.
8 August, 25 Henry VI. a.d. 1447.
Noyerint universi nos Edmundum Exoniensem Episcopum ac Decanum
et Capitulum ecclesie Cathedralis beati Pétri Exonie teneri et per présentes
firmiter obligari Majori et communitati ciyitatis Exonie antedicte in
quingentis libris bone et legalis monete Anglie ; solvendis eisdem Majori
et Communitati yel successoribus suis aut eorum certo attornato in festo
Sancti Michaelis Archiangeli proximo futuro post datum presentium. Ad
quam quidem solutionem bene et fideliter faciendam obligamus nos et
successores nostros per présentes. In cujus rei testimonium tam nos
predictus Episcopus sigillum nostrum quam nos predicti Decanus et
capitulum sigillum nostrum commune presentibus apposuimus. Datum
octayo 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 Reyerendissimi 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 priyi-
legiorum et jurisdictionum cum omnibus et omnimodis eisdem libertatibus
franchesiis priyilegiis et jurisdictionibus aliquo modo pertinentibus ;
necnon de et super omnimodis actionibus litibus querelis debatis et
demandis inter predictos Episcopum Decanum et Capitulum et prêtâtes136
APPENDIX.'
Majorem et communitatem ac Ballivos Ciyitatis predicte necnon inter
prefatum Episcopum et dictos Majorem Ballivos et Communitatem ac
inter prefatos Decanum et Capitulum et predictos Majorem Ballivos et
Communitatem habitis motis sive pendentibus ante datum supradictum.
Et si duo vel très 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 Arcbiangeli 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 j udicium 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 of the 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. 144.8.
Tbis Endenture made bytwene Edmund Lacy Byssbop of Exceter and
tbe Dene and Chapitre of tbe Catbedrall Churcbe of Synt Petyr of
Exceter of tbe one partie, and tbe Maier and tbe Comonaltie of tbe
Citie of Exceter of tbe otber partie Witnessitb that wbere dyvers debates
contraversies and discordes moved and hadde bytwyne tbe parties above
sayd the same parties tbe xii. day of the monetb Décembre tbe xxvii.
yere of tbe raynyg of Kynge Harry tbe Sixte by mene and médiation of
Thomas Courtney Erle of Devonshire and of Sr William Bon vile knigbt
buth agreed and accordyd of ail tbe 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 Deyonshire the Mundaye next after the feste
of Synte Lucie the Virgyne next cominge before Sr 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 tryed 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
Comin allé 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 haye 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 hâve 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^n, dystyncte and separate fro the juris-
diction and libertee of the seide Citee, w^ute 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
hâve except certayn hye waies and stretes 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 prosses or cause of the same Courtes
to doe somne attache nor areste w^n 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
churcheyurde hâve apon theym, save sprytuel 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 hâve power for ever more to make somnes attachementes and arestes
yn the hie wayes and stretes w*oute the olde bowndes of the seide churche-
yurde withyn the seide fee, except the waies and stretes w*yn the seide
churche and churcheyurde beinge wtyn 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 warnynge 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^out the seide fee wthyn the libertee of the seide
Citee wthoute any lettynge or disturbaunce of the 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 kvnges 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 wth 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 attc the settynge thereof and to be admytted to
hâve theire voice theretoe as the seide citizeins shall hâve. And that theAPPENDIX.
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 Chartors 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 comynge.
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 hâve
occupie nor use any jurisdiction wthyn 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 hâve and purchace newe charters
and grauntes for to hâve more jurisdiction libertee and frauncheses wthyn
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 wthyn the seide Church Cimitery fee and close
wthout lettynge or disturbaunce or contradiction of the seide Bysshop
Dene and Chapiter or any of theire successours or any of theire mynesters
or oflBcers 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 wthyn the seide fee churche and churchyurde parcell of the same
fee clayme use nor hâve any maner jurisdiction authoritee or power other
than is conteyned yn the olde composicions byfore this tyme betwene the
seide parties y-made.140
APPENDI£.
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 no nother graunte for any auctoritee or power
to be hadde to make any arestes wthyn the seide Citee or attachementes or
capias or wthyn any place by the whiche the auctoritee of the justices of
peas of the seide shire nowe beynge or tyme to comynge shall be may be
lette or herte.
Also if any difficultee be yn any article aboyesayde 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 prémisses that
then this wrytynge and appuyntementes after the true entent to be kept
and fulfylled. In witnesse of ail the prémisses to the one partie of this
endenture remaynynge to the seide Maier and Cominaltee the seide
Bysshop Dene and Chapiter haye putte theire seles and to the other partie
of the same endenture remanynge towarde the seide Bysshop Dene and
Chapiter the seide Maier and Cominalte haye sette their common sele.
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 présentes nos Edmundum Exoniensem Episco-
pum ac Decanum et Capitulum ecclesie Cathedralis beati Pétri Exonie
teneri et firmiter obligari Majori et Communitati civitatis Exonie et
eorum successoribus in duobus millibus librarum sterlingorum bone et
legalis monete Anglie sol vendis 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 présentes. 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 obligations 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 ac
prefatos Majorem et Communitatem in quibusdem indenturis inter eosdem
Episcopum Decanum et Capitulum ex parte una ac supraseriptos Majorem
et Communitatem ex parte altéra factis et contingentibus quod extunc
presens obligatio pro nullo habeatur ; alioquin in suis robore permaneat
et effectu.
XL.
Pétition of Shillingford to the Chancellor for Aid Towàrds the
Repairing of Exbridge.
To the most Reverend fader in God John, Cardynali of Engelond and Archebisshop of
Yeork.
Bysekyth yow full mekely John Shillyngford Maier of the Cite of
Excetre yn name of hym self and ail the hole Comminalte of the seid
Cite as well as of ail 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 ajoynant 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 Gode, 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. mL fi.
and more as hit is supposed and 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 aven with tymber as now is, and ofte tymes
CAMD. SOC.	ü142
APPENDIX.
with grete waters, fallen adown ayen : by the wbiche perillous waters and
so fallyng adown of the brigge puple hâve be yn grete perill and meny
and dyvers lost and ded, and withoute better remedy meny moe like and
ail 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 ail 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 executors to my lord Cardynall of Wynchestre that
late died, of whas sowle God hâve 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. ml. ti. as hit is like—
and that besekyng yow for the love of God yn way of charité 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 élection as Mayor.
Nota pro Recordo. Ad hanc diem scilicet diem Lune proximam post
festum Sancti Valentini Marty ris (18 Feb. 1444—5) anno regni Regis
Henrici sexti vicesimo tertio apud Exoniam in Gihaldam ad horam secun-
dampost meridiem Johannes Shillyngford qui alias hic te. die Lune prox-
ima post festum Sancti Michaelis Archiangeli anno regni predicti Domini
Regis supradicto in Majorem Civitatis Exonie secundum consuetudinem
te- electus fuit, modo per mandatum Domini Regis de privato sigillo suo
sub pena mille librarum 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 assumât
et cum magna solempnitate juratus est. Et remanet secundum consue-
tudinem te-APPENDIX.
143
XLII.
Extracts from the Accoünts of the Receivers of the City of
ExETER RELATING TO THE SUIT.
22—23 Henry VI. to 27—28 Henry YI. 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.
Expensœ forinsecœ.— Item solutis Willelmo Fox ad equitandum versus
Londoniam ad interloquendum cum consilio civitatis pro quadam actione
quam decanus et capitulum ecclesiæ Cathedralis Sancti Pétri arrainaverunt
versus Johannem Cousham pro recognitione inde habonda 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 capitali Justiciario Domini Regis pro
diversis negociis civitatis xvj s. viij d.
Item solutis Nicholao Radeforde pro pabulo equorum ejusdem Nicholai
die martis post festum Sancti Gregorii Pape existentis apud Exoniam pro
materia inter Dominum Episcopum Exoniam et Majorem et communita-
tem pacificanda xl d. Item in uno juntaculo dato 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. Michaelmas 1444 to Michael-
mas 1445.
John Shillingford, Mayor.
John Beaufitz, Receiver.
John Forde, Clerk.
Hen. Broke, Attorney.
Mar. 13,
1443-4.144
APPENDIX.'
Nov. 21,1444.
Dec. 9,1444.
Feb. 18,
1444-5.
Feb. 21,
1444-5.
Feb. 18,
1444-5.
Nov. 8, 1445.
Item in j quarterio vini de Malmesyn super Majori et sociis ejus xxj
die Noyembris in Gihalda existentibus pro negociis ciyitatis iiij d.a Item
in uno quarterio vini de Malmesyn uxori ejusdem Recordatoris eodem
tempore iiij d. Item in una lagena vini data Recordatori in crastino
concepcionis beate Marie viij d. Item soluto pro vino videlicet ij lagenis
vini datis Majori Johanni Shillingford et sociis suis existentibus apud
Gibaldam pro negociis ciyitatis xviij die Februarii xvj d. Item in uno
potello vini de Malmesyn misso Majori et sociis suis existentibus in
Gibalda pro negociis ciyitatis xxj die Februarii viij d. Item in pissibus
emptis et missis Nicholao Radford xviij die Februarii iij s. vj d. Item in
j panyer pro 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 albi 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.
Receiver’s account, 24—25 Hen. VI. Michaelmas 1445 to Michael-
mas 1446.
John Hull, May or.
John Clerke, Receiver.
John Forde, Clerk.
Hen. Broke, Attorney.
Nicholas Radford, Recorder.
Donci et exennia.—In primis in ij lagenis vini missis Willielmo Bone-
vyll chivaler octavo die Novembris apud Exoniam xvj d. sic pro lagena
This ite.m is erased, MS.APPENDIX.
145
viij d. Item in j lagena et j potello yini missis Majori et sociis suis
existentibus in Gilhalda pro negocio ciyitatis 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. xx s. Item solutis Nicholao Radford ultra yadium pro bono
consilio 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 brévium Domini Regis in
comitatu Devon. pro amicitia sua habenda pro debato predicto vj s. viij d.
Item solutis quinque generosis, videlicet Stephano Giffard, 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 locato pro uno homine equitante
versus Alexandrum Hody pro negotio Civitatis iij die Januarii et in
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 serutinio faciendo
xl d. Item soluto Johanni Germyn in crastino cinerum ad reddendum
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
locato pro clerico equitante versus Recordatorem apud Crediton cum
Johanne Shellyngford et Johanne Germyn iiij d. In expensis eorundem
adtunc ibidem viij d.
In 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.
Jan. 3,
1445-6.
Feb. 12,
1445-6.146
APPENDIX/
Receiver’s account, 25—26 Henry YI. Michaelmas 1446 to Michael-
mas 1447.
John Shillingford, Mayor.
John Germyn, Receiver.
Will. Speir, Clerk.
Henry Broke, Attorney.
Dona et exhennia.—aItem in yij piscibus yocatis congre missis Domino
Cancellario Anglie xvij s. vj d. Item in iiijc de Bokhorh missis eidem
Cancellario eodem tempore pretii le c. y s.—xx s. Item in iiijor piscibus
vocatis Crabbis missis eidem Cancellario eodem tempore ij s. yiij d. Item
in cariagio eorundem piscium de Exonia yersus Londoniam yiij s. Item
in j gentaculo piscium dato Nicbolao Radeford, Willelmo Befe, Jobanni
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 Yirginis 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 Comité Devonie
pro materia inter Dominum Episcopum et Majorem et communitatem ij s.
Item in expensis Ricardi Druell et Henrici Tretbyne 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.b
a Erased—“ quia sine warranto.”
b 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.a 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 aliorum 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 uno homme 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 Comité 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 After Nov 2,
equitandum versus Londoniam cum le blak rôtie et aliis scripturis cum
argento sibi liberato pro expensis suis versus Londoniam xiij s. iiij d.
Item soluto Johanni Harry pro scriptura j rotuli de croniculis xij d.
a 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 y 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 xxs. Item in cariagio ejusdem vs. Item
1447-8. dato Johanni Goff servienti Johannis Fortescu Chivaler eodem tempore
xl d. Item dato clerico suo iiij d. Item in vino dato consilio civitatis
Lent 1447 8 e0(^elïl tempore [tempore Assisarum apud Exoniam tempore Quadra-
gesime] laboranti circa negotium civitatis x s.a Item in vino dato con-
silio civitatis et Domini Episcopi in domo capitulari 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 Majorem 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 xl d.b 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
a This last item is erased.
b This entry is erased.APPENDIX.
149
castrumago (sic) alias vocatis wodecokhjs vij d. Item in iij perdicibus
alias vocatis partrichis vij d. ob. Item in v volucribus y d. Item in
speciebus emptis viij d. Item in argento dato coco de rewardo vj d.
Item dato administrallis domini Ducis Suffolchie vj s. viij d. Item dato
administrallis domini Ducis Bukingham viij d.a 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
conersb xiiij d. Item in makerellis xiij d. Item in makerellis iij s. ij d.
Item in haddokkys xx d. Item in c. walkys iij d. Item in j pecia de
graunt conger ix d. Item in gurnardis xvij d. Item in piscibus datis
hominibus de consilio tempore tractatus materie predicte apud Exoniam
iij s. vij d.c Item dato Johanni Husset ad equitandum pro Willelmo
Beef ex precepto Majoris vij d. Item in piscibus datis Johanni Copleston,
Nicholao Badeforde 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 Alexandro
Hody, Thome Dourisshe et aliis v d. Item dato Thome Jenkyn de rewardo
pro scriptura articulorum &c. per diversas vices vj d. Item dato Willelmo
Nayller pro scrutineo facto in Cancellario xxd. Item soluto Thome
Yonge de rewardo vj s. viij d. Item in pane, vino et piris datis Johanni
Vampage, Alexandro Hody et aliis de consilio civitatis xvd. ob. Item in
una cena data Thome Dowrissh, Alexandro 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 jantaculis datis
Thome Jenkyn viij d. Item in vino et piris datis Alexandro Hody apud
“ Bel taverne ” ix d. Item in argento dato Kicardo Neell et Thome
Dourisshe de rewardo vj s. viij d. Item in vino 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.
b Congers (?)	c Erased.
CAMD. SOC.
X150
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 Yampage xx d. Item dato Thome Douryssh de rewardo in
Gylhalda civitatis ex consensu Majoris et socioram suorum xxvj s. viij d.
aItem in iiijc de Bockehorne emptis pro Domino Cancellario Anglie in
Aug. 1,1447. festo Ad vincula Sancti Pétri anno xxvjti Regis nnnc xvj s. Item in
cariagio ejusdem usque Londoniam viij d. Item in nna lagena vini missa
uno generoso Ducis Suffolchie viij d. Item in una lagena vini data
Domino de Lacy viij d.a 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 nno
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 Pétri v s. Item in
j quarterio vini misso eidem Baroni eodem tempore ij d.
Expense forinsece.—Item in pabulis equorum Thome Cook equitantis
usque Chuddelegh, Tyverton et Kyrton ad communicandum cum Domino
Episcopo et Comité Devonie de materia civitatis iij s. Item in expensis
Ricardi Druell equitantis versus Tyverton ad communicandum cum
March 28, Domino Comité Devonie pro materia civitatis xxviij die Martii et in
1448, pabulis equorum suorum xxiij d. Item soluto eidem Ricardo ad equitan-
dum versus Criditon ad communicandum cum Domino Episcopo vj d. Item
in expensis ejusdem Ricardi equitantis versus Tyverton ad communican-
April 10, 1448. dum cum Domino Comité 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 pro 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 Huile, 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
a Erased, MS.APPENDIX.
151
Henrici Dobyn equitantium versus Tyverton pro materia civitatis et in
pabulis equorum suorum iij s. v d. Item in duobus equis locatis pro
eisdem Ricardo et Henrico equitantibus versus Tyverton pro materia
predicta ij s. j d. ob. 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 dato 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 Comité pro materia civitatis
ij s. v d. Item soluto Ricardo Druell pro pabulis equi sui existentis in
stabulo per duos dies parati ad equitandum versus Exon. pro materia
civitatis videlicet ad communicandum cum Domino Cancellario xiij d.
Item in expensis Ricardi Druell equitantis versus Tuverton cum lanceis
et in pabulis equi sui eodem tempore ij s. vij d. Item in expensis Ricardi
Druell per ij dies apud Tuverton ad communicandum cum Domino
Comité 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 eodem 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 Ricardo Druell et Henrico Dobyn equi-
tantium usque Londoniam pro negotio civitatis xviij s. videlicet xxv° die June25, 1448.
Junii. Item dato eidem Ricardo de rewardo pro magno labore suo circa
negotio civitatis ex precepto Majoris xl s.a Item in expensis Receptoris
equitantis usque Londoniam per ij vices tempore Johannis Huile Majoris
videlicet de termino Trinitatis xij s. x d.b 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
Trinitatis tempore Johannis Shillyngforde Majoris ix s. iij d. Item in
* These two last entries are erased.
b Erased.152
APPENDIX.,
expensis ejusdem Receptoris equitantis usqne Londoniam per ij vices
Easter, 1447-8. videlicet pro negotio civitatis videlicet termino Pasche et termino Trini-
rnmty, 1448.	xxvg x Item in uno jantaculo date Johanni Bluet, Jolianni
Vampage, Thome Yong, et Thome Dowrissh in caméra Johannis Vam-
page apnd Londoniam vij s. Item [in] expensis Willelmi Bonevyll et
servientum snorum tempore tractatus pacis de debato inter Dominum
Episcopum et Majorem et Commnnitatem existentium apud Exoniam
una vice lxxvj 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 soluto Nicholao Radeforde pro consilio suo
habendo circa negotium civitatis ad Sessionem pacis post festum Epi-
Jan. 6,1447-8. phanie Domini xxvj s. viij d. Item dato Thome Dourisshe juniori eodem
tempore x s. Item soluto Nicholao Radeforde pro labore suo die amoris
Domino Comité Devonie ibidem existente xiij s. iiij d. Item dato
Willelmo Beef eodem tempore xx s. Item dato Thome Dourisshe eodem
tempore vj s. viij d.
Receiver’s account, 27—28 Henry VI. Michaelmas 1448 to Michael-
mas 1449.
John Coteler, May or.
William Tuke, Receiver.
William Speere, Clerk.
Henry Brok, Attorney.
Dona et exennia.—Item in una lagena vini missa Majori, Thome Cooke,
Recordatori et aliis in domo Thome Cooke tempore communicationis
materie in debato inter Dominum Episcopum et Majorem et communi-
tatem viij d. Item soluto Ricardo Levermore pro magno debato inter
Dominum Episcopum et Majorem et communitatem, videlicet pro labore
suo de rewardo xiij s. iiij d. Item soluto Johanni Hoppynge pro labore
suo circa eodem materiam ut de rewardo xx d. Item in iij lagenis vini
missis Domino de Bonevyle apud Exoniam x die Novembris ij s. ItemAPPEND1X.
153
in j quarte de Malmesyn dato eidem Domino eodem tempore iiij d. Item
dato eidem Domino de rewardo pro magno labore suo in materia inter
Dominum Episcopum etMajorem et communitatem yidelicetpro expensis
suis lv s. vij d. ob. Item dato servientibus ejusdem Domini de Bonevyle
adtunc de rewardo per preceptum Majoris et sociorum suorum xlvj s. yiij d.
Item in j summagio piscis dato eidem domino eodem tempore per pre-
ceptum Majoris et sociorum suorum iij s. xd. Item dato Becordatori de
rewardo pro labore suo [in] debato inter dominum Episcopum et Majorem
et communitatem Exonie xl s. Item dato Willelmo Beoff de rewardo
eodem tempore per preceptum Majoris et sociorum suorum xx s. Item
in coners a 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 Bogero 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 sociorum 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 quartes de Mal-
mesyn datis Domino Episcopo xxvij die Martii per preceptum Majoris et
sociorum suorum xij d. Item in iij quartes de romenay datis eidem
Episcopo eodem 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 factis apud Chuddelegh per
Jobannem Coteler, Majorem Civitatis Exonie, Jobannem Kelly, Willel-
mum Duke, et servientes Curie tempore quo communicaverunt cum
Domino Episcopo pro materia in debato inter Dominum Episcopum et
Majorem et communitatem, videlicet in pabulis equorum suorum iiij d. ob.
Item in expensis factis per Johannem Coteler Majorem, Johannem Huile,
Thomam Cooke, Willelmum Crymell, et Thomam Evelton pro materia
predicta alia vice apud Chudlegh ij s. iiij d. Item soluto Henrico Dobyn
a Congers.154
APPENDIX.
Oct. 3,1448. equitanti usque Londoiiiam tertio die Octobris cum copia placiti inter
Jobannem Notte clericum et Majorem et communitatem xiij s. iiij d.
Item soluto Jobanni Sbillyngford pro copia placiti predicti habenda
iij s. yiij d.
In pede.—Et [allocantur] eidem xxvj s. yiij d. soluti Tbome Dourissb
existenti ad parliamentum Domini Regis pro ciyitate Exonie. Et
eidem xxvj s. viij d. Jobanni Tyler existenti ad parliamentum predictum
pro ciyitate predicta. Inde allocantur eidem xl s. soluti Magistro Hugoni
Payn pro magno labore suo [in] tractatu cum Domino Episcopo pro
materia in debato inter eundem Episcopum et Majorem et Communita-
cem dicte ciyitatis. 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, ]25
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 etseq.
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 seq.
---------the Bishop’s, 125
Articles of proof, the Bishop’s, 114; the
City’s answers, 116e/ seq.
-----—— the City’s, 125
Assessors, 130 ; seeDyme
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 ; see 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, félon, 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, 153
Bell Tavern, Exeter, 149, 153
Berton ; 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 by the 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, 114 e/ seq.
-------ministers of, 79
-------ofiicers 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-
cellor, 135 ; their agreement with the
Mayor and Commonalty, 136; their
bond to perform the covenants therein,
140
Bishop’s Court, the, 20, 91, 104, 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, 114 etseq.
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.
Y156
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
Bonevill, Sir William, 35, 70, 144, 150,
52 bis, 153
-------pétition to, 71
-----mediator between the City and
the Bishop, 136
Boson, Robert, Chancellor of St. Peter’s,
Exeter, 111
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 fish ?) 22, 23
------- presented to the Lord Chancellor,
36, 146, 148, 150
Buckingham, Duke of, 7, 9
-------his “ administrant” 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, 1, 33, 47, 114, 135
■■■■ ■ letter of the, to the Bishop of
Exeter, 41
------; see Chancellor.
Carter, Pyers, 83
Cathédral 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
«-----; see St. Peter’s.
Cecil, Sir William, 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, 11, 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
-------pétitions 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
Rie. Newton, 50, 68
Chief Justices, the two, 1, 11, 12, 31, 33,
37, 40, 41, 62, 63, 66, 68, 70, 112, 133,
135
-------pétition 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
Clist, 30
Cloister, a place called the Praiell in the,
86
-------» unlawful games in the, 101
-------a Library in the, 101
-------common way through the, 110
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,
149INDEX.
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, 51, 52, 56, 62, 66, 67, 68, 82, 94,
140, 148, 149
-------letter from Shillingford to one of
the Bishop’s, 24
Court Baron, enjoyed by the Bishop, 10,
11, 91, 104, 123, 137 ; see Bishop’s
Court.
Court Christian, the Bishop’s, 91, 104
Courtenay, Sir Philip, 70, 152
-------pétition to, 71
-------Sir Thomas, 150
Courteys, the Friar, 32
Cousham, John, 143
Crediton, 145, 150, 152
Crymell, William, Receiver, 143, 153
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
-------pétition 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
Dobyn, Henry or Harry, 5, 35, 36, 150,
151, 153
Domesday Book (“ Domus Dey,” ° Do-
mysdey”) 10, 17, 28, 95, 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 Demeï—qu. décima 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, 150
Exchequer Chamber, the, 18; see West'
minster
Exe-bridge, 53
-------Shillingford’s pétition 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
Fagot, John, 5
Fairs, 93
Fee-farm of the 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,
89158
INDEX,
Fish, a présent of,tothe Lord Chancellor,
9, 146
Fishmarket, the, 84
Fish Street, 84, 89, 99
Fleshfold Gâte, a lane near the, 23
Forde, John, clerk, 143, 144
vorest, —, 53
Forscue, Richard, 145
Fortescu, Sir John, Chief Justice, 18, 62,
68, 135, 148; see Chief Justice.
Fox, William, 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
Gorewyll, Master John, Canon of Exeter,
89
Guildhall, Exeter, 59, 77, 78, 79, 97, 98,
107, 144, 145, 146, 147, 150
Gyfford, William, 64
“ Habit,” men of, 10, 11, 66
Hampton, William, 5, 17, 53, 64, 147
Harold's Fee, (or St. Nicholas’s Fee), 10
Harry, John, 147
Helyer, Harry, 94
Hendiston, William, 34 (same as Heng-
ston).
Hengston (or Hengeston),William, 12, 13,
14, 15, 19, 25, 26, 28, 46, 58, 59, 67
Henry I., King, and Maude his wife, 96,
119, 123
Henry III., King, 96, 115, 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
Huile, 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 isWarde,” 12, 19
Keys, Roger, Canon, 113 ; see Kys.
King, the, (Henry VI.) 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
-------pétition 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 by the Bishop, 115, 123,
137
Leofrik, first Bishop of Exeter, 95, 105,
106INDEX.
159
Letters patents to the City, 129, 131
Lieutenant (theMayor'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, 11
-------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
-------“ bulls of supplications” by the,
25, 26, 28
-----— pétitions of the, 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
Milwell, 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, 50, 68, 70, 135, 137
Nightwalkers, 90, 103, 104, 113
Night-watch, the, 138
Noble, William, 4
Notte, John, clerk, 39, 53, 154
Orcharde,------, 19
Osbert, second Bishop of Exeter, 117,
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
-------pétition of the City for their with-
drawal, 133,134
Privy Seal, [the Lord], 7
Purprestures, by the Bishop, 85, 100,
109
Radford (or Radeford), Nicholas, 14, 15,
26, 28, 37, 46,50, 51, 59, 61, 62, 63,
70, 71, 143-152
-------his wife, 61, 64, 144
-------Recorder, 144
Radwey, (or Radeway,) 52, 150
Rawly, Roger, 3
Receiver, the, 151, 152
Receivers’ Accounts of the City of Exeter,
143-154
Recorder, the, 4, 17, 30, 62, 63, 144, 145,
151, 152,153
-------letter to the, 33
Records, old, 14, 20, 122
Ree, Richard, and his minstrel, 53
Rejoinders, 2, 75 et seq.
Réplications, 18, 19, 75 et seq.
Richard, King of Almayn, 96, 115, 116
-------Earl of Cornwall, 120
Rioters, 90, 94160
INDEX.
Roof, Salamon, Justice in Eyre, 126,127
Rowe, John, Sub-deacon, 133
St. Benet, monks of the Order of, 106;
see Black Monks.
St. Martin’s Gâte, 84
St. Martin’s Street, 100
St. Nicholas’s Fee, called Harold’s Fee, 10
St. PauFs Church, London, 11, 63
St. Peter’s, Exeter, 19, 20, 46, 49, 99; see
Cathédral.
-------the close of, 84, 99, 100, 104,
121, 122,139
-------- the broad gâte 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, 137 ; see
Bishop’s Fee.
Sampson, Thomas, steward of the City of
Exeter, 78
Seal, the Common, 5
Sergeants, 64, 78
Setter, Richard, jeweller, 93
Shillingford, John, Mayor of Exeter, 5,
33, 98, 143 etseq.
-------his pétition 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.
-------mémorandum 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 pétition touching Exebridge
141
-------extract respecting his élection as
Mayor, 142
Shillyngford, (a place), 31
Shute, (a place,) 150
Slug, Sir William, 53
Somer’s Place, 84 (note)
Song, a, (“ Corne no more at our hous,”
etc.) 16
Southgate, the, 87
Speere, William, 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, William, Receiver, 152
Tyler, John, 154 ; see Toylerd.
Upton, William, 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
Walls, the town, (of Exeter), 16, 84, 85,
87, 89, 90, 103
-------postern gates in, 87,88, 102, 103,
110, 111, 112INDEX.
161
Walssheman, Sir Lewis, 78, 90
Waryn, Master John, Canon of Exeter,
89
Webber, H., priest, letter of, (on behalfof
the Bishop,) 33
------Master Harry, 59, 79, 80, 81, 82,
150
West- gâte, the bearing of the mace with-
out, 53
Westminster, and the Courts there, 6,11,
16, 18, 19, 22, 24, 58, 62, 64, 65, 67,
96,128
Wey, William, 83
Whiterow, Richard, 94
William 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 déniés
this, 105
Wode,------, 12, 14, 19, 46, 62
------John, attorney and proctor for the
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, William, 78
Yong,---------, counsel for the City, 22
Yonge, Thomas, 149, 152
York, Cardinal Archbishop of, John, Lord
Chancellor, 141WESTMINSTER :
BY J. B. NICHOLS AND SONS,
PARLIAMENT STREET.
PRINTED
25,