Letters and papers of John Shillingford, mayor of Exeter 1447-50. Ed. by Stuart A. Moore, F. S. A.

LETTERS OF JOHN SHILLINGFORD.

I. PETITION TO THE LORD CHANCELLOR.

The Mayor and Commonalty had a day to appear before the Chancellor, and have kept it according to the King's commandment, and also have put in articles, answers, and rejoinders, and done all things that they ought to do. Prays that the matter may be ended. [The draft of this petition exists; a collation of it is given in the following notes. It is there called B.]

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 cyte of Exetre yn name of hymself as mayer and alle the hole comminalte of the seyde cyte, youre owne puple and true bedmen, and at alle tymes at youre commandement as most specyall lorde after the Kynge our soverayn lord, consyderyng the gode and gracyous lordship and endyfferency that they fynde yn yow that they have moste feyth hope and truste ther yn, and that y dar well seye by my trauthe; that hit please [B. begins here with "Please hit yn to your right gode and gracious lordship."] youre gode and gracyous lordship to be remembred of the grete mater [mater—"mater hongyng yn debate." B.] bytwene the Ryght Reverend Fader yn God, and gode blessed man yn hymself, [hymself—"yf he most be," inserted in B.] 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

chapitre yn to the highnesse of oure soverayne lorde the Kynge made; by whas ryght high and ferfull commandement by his [his—omit, B.] 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 aughte to do. Nerthelez atte begynnyng of thys mater comyng to fore yow yn revelucion the^b mayor and comminalte, as they darst, sywed unto you my lord chaunceller by supplycacion to have be descharged and dys∣myssed as the law wolde, and have hadde the maters to have be determyned atte comyn law; bot when your gracyous lordship [the to lordship—We by your gracious lordship, B.] so beynge enfourmed of the Kynges wyll, whiche was to us ryght a high and ferfull commandement, that^c we darst so not, but wyth ryght gode wyll at alle tymes obeyed us [that to us—"we for drede levyng the comyn lawe and the benefice therof whiche we as þe kinges true lege men buth an habited ther yn with right gode will obeyed and bounden us." B.] to abyde suche rule as the Kynge by his seyde letters apoynted us to; whereupon we sythenys wyth grete coste have labored and at alle tymes have 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, [woll,—B ends as follows.—"as hit is comprehended and appereth yn oure articles and shorte entitelynges of oure evidences y put yn before your gode lordshippis, to the whiche we buth not yet answered all be hit that we have answered and buth redy to answere to alle and every their articulis of evidences whiche they have put yn. Also we have put yn before your gode lordship answeres to their articulis of compleyntes and rejoynders to the same, and yf any thyng lacke we buth redy to performe hit. And so we truste to God we have do all thynge that we aughte to do to prove openly and clerely oure entent the con∣trary of theire claymes." B.] by the specyall sywte yn∣stance and laboure of the seyde bysshop, deane and chapytre. Also we have made and putte yn before your gode lordshipp articles, answers, rejoynders, [For these "articles, answers, replications," see Part II. post.] and alle other thyngs that we aughte to do.

And yf eny thyng lakke we buth redy perfourme hit. So as we truste to God we have do and shall do all thyngs that longeth to oure part for to do, bysekyng yow of youre gode and gracyous lordshyp that the other party do the same for their part, or ellys to be con∣cluded, and thus ye shall have the maters of bothe parties in know∣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 conceyved, ruled, and reported to the Kyng oure soverayn lorde, and that for the love of God and yn wey of charyte. [This document is indorsed in a hand of Elizabeth's time—"Anno Regis Henrici Sexti vicesimo quarto."]

II. SHILLINGFORD TO HIS 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 alle; doyng yow to understonde that y rode fro Excetre on Fryday and cam to London on Tywys∣day by tyme at vii atte cloke; and ther sithenys have full bisily labored to make an answere to the articulys. [articulys.—i. e. the Articles of Proof. See Part II.] The cause of so longe taryng yn makyng of the answers hath be for right grete bysynes y^t Alisaunder Hody hath hadde aboute his awne maters; [maters—after this there was originally "w^t owte wham y cowde not well labore w^t oute much more tarynge."] 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

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 w^t yow, prayng yow Thomas Cook most specially w^t 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. [Originally "to sette to the penne sadly."] This don y pray yow to calle be fore yow atte halle [halle—"in my name," erased.] the substance of the comminalte, praynge every of tham yn my name and chargyng tham yn þe most streytest wyse yn the Kynges byhalf to come to fore yow yn haste for the tydyngs that y have sent home to yow; and that ye wysely declare to fore tham these answers; so that they sey manly yee and nay yn suche poyntes as yow thynke to be don, &c. and þ^t þey wyll abide by þ^e answers yn all wyse, and that labo^r and spekyng be before to that entent. This don y pray yow that y have a gode man sende to me yn hast.

III. SHILLINGFORD TO HIS FELLOWS. [Draft Letter.] London, Oct. 30th, 1447.

On 16th Oct. 1447, Richard Druell and Harry Dobyn, rode out of Exeter to London, to keep the appearance for the city in the Quinzaine S. Michael. The Mayor left Oct. 24, and reached Shaftesbury on Wednesday night. On Saturday 28 Oct. he came to London and saw the Lord Chancellor. He describes his reception and interview. On Sunday 29 Oct. he had another interview with the Chancellor, and also with the Chief Justice, and again with the Chancellor.

Memo^d that on Monedey next before the feste of Seynt Luke [16 Oct. 1447. N. B. This was written by Shillingford, as later on he takes up the first person.] the yere of the regne of the kyng that now is xxvj (Henry VI.)

Richard Druell, William Speere and Henry Dobyn w^t 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^t ham sufficiant power and the comyn seell and xl s. of John Shil∣lingford, Mayer, and xx s. of John Germyn, for their coustages; and so departed the seyde Monedey yerly. And as tochyng the seyde xl s. w^t 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^t the [seyde] Rychard Druell. Forthermore as tochyng the goynge of the seyde John Shillyngforde, mayer, he was all 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^t other held his wey, and the seyde mayer abode at home yn to a tuysday next after Seynt Luke is dey [24 Oct. 1447.] for settyng of the kynges dyme, comyng of Trevylian, and other grete maters toching the cite, and yn especiall to have 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 [21 Oct. 1447.] 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 alle these causes the mayer abode at home so longe, and all that tyme he kepte his iij. hors yn stabill every dey redy to ride to hym grete coste. The tuysday [24 Oct. 1447.] he rode and w^t hym William Hampton and John Fagot. On Wendysdey [25 Oct. 1447.] at nyght they came to Sheftesbery and there mette w^t 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 [28 Oct. 1447.] next ther after the mayer

came to Westminster sone apon ix. atte belle, and ther mette w^t my lorde Chaunceller atte brode dore a litell fro the steire fote comyng fro the Sterre chamber, y [Note that here Shillingford takes the first person.] yn the courte and by the dore knellyng and salutyng hym yn the moste godely wyse that y cowde and recommended yn to his gode and gracious lordship my feloship and all the comminalte, his awne peeple and bedmen of the Cite of Exceter. He seyde to the mayer ij. tymes "Well come," and the iij^de. tyme "Right well come Mayer," and helde the mayer a grete while faste by the honde, and so went forth to his barge and w^t hym grete presse, lordis and other, &c. and yn especiall the tresorer of the kynges housholde, w^t wham he was at right grete pryvy com∣municacion. And therfor y, mayer, drowe me apart, and mette w^t hym at his goyng yn to his barge, and ther toke my leve of hym, seyyng these wordis, "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 w^t the Chief Justyse and what tyme that ever he will y woll be all redy." And thus departed, &c. The Soneday [29 Oct. 1447.] abowte viij. atte clokke y came to Lambeth, and w^t me Dowrissh and Speere to myte and speke w^t my seyd lord. We mette and spake w^t hym yn the ynner chamber, he at that tyme beyng right bysy goynge yn to his closet. And w^t right gode longage and gode chere yn godely wyse exscused hym that he myght not speke w^t ous atte that tyme for grete bysynes, and comaunded ous to come 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 come yn right gode tyme and well come, 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 have done my due dilygent part therto, and that yn tyme y truste to God ye shall well knowe; for y have right meny thyng to enfourme yow

of yf y hadde tyme." He seide "Well, mayer," and bade me come 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 [chere—chese MS.] 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 w^t Bluet, Dowrissh, Speere and y to the chief justice and comyned of meny thynges w^t hym. He is like as y conceve to have 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 have comyned of a rule yn this mater; what ever hit be y can not wyte as yet. God eve [eve—first written "yeve" and altered to "eve."] grace hit be gode, and so y truste to God that hit be. That afternone y went ayen to Lambeth [29 Oct. 1447.] to my lord after his commaundement aboveseid and when y come thider to hym yn to his ynner chamber, there was myche peeple, lordes and other, my lord Tresorer, under Tresorer, the pryvy seel, land dyvers abbottes and pryours, and meny strangers aleyns of other londys. And then came yn the Duke of Bokyngham, and ther was grete bysynes at that tyme, hardly alle 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, "My lorde y am come at youre commaundement, but y se youre grete bysynesse is suche that ye may not attende." He seide "Noo, [Noo—first written "nay."] , by his trauthe and that y myght right well se." Y seide "Yee, and that y was sory and hadde pyty of his grete vexacion." He seide "Mayer, y moste to morun ride [right MS.] by tyme to the Kyng, and come ayen this wyke: ye most awayte apon my comyng, and then y woll speke w^t the justise and attende for yow, &c. Y seide, "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

by worde or by wrytyng of eny thyng that y have do or seyde or governed me yn eny wyse at home sithen the last terme my depart∣yng fro hym other wyse then to his plesure and after his com∣maundement. He seyde right hertly "Nay," but that y hadde governed me at home yn the most best and godely wyse and therfor he oowde me grete thanke, and seide hertely that y sholde have Goddes blessyng and his therfor, &c. And so departed, &c.

Nota that Druell and Speere is beyng afore dide gode, for they dide theire part yn the most best wyse.

IV. SHILLINGFORD TO HIS FELLOWS. London, 2 Nov. 1447.

He has made a present of fish to the Chancellor. The cause was adjourned till Saturday. He has spoken about it to the Justice, who urges him to make a composition, which Shillingford refuses to initiate. The cause was again adjourned till Monday, when it came before the Chancellor and the two Justices. He describes the proceedings mi∣nutely. On Tuesday All Hallows Eve he received the Answers to the City's Articles in which he is greatly libelled, desires money may be sent him, that the answers may be well understood and replied to, and that the Black Roll [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. 309) never to have been returned. In a paper dated 1 March, 1552-3, entitled "Remembrances for the Parliament," occurs the following memorandum about it: "Item to speke to Mr. Cicell for the Blake rolle which Griffyn leyfft in his custody." [Letters, &c. among the Archives of the Corpo∣ration, No. 31.] It was delivered to Grffin 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 L, 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.] may be sent him.

[Worthy [The original of this letter and part of the draft are extant; the words in brackets are filled in from the draft, called B. for the purpose of collation.] Sires, as yn the other letter &c. y grete yow w]ell alle. Yn the whiche letter y wrote to yow that y hadde a dey to

appere before the lordis for [oure mater the Fridey next ther after; and for as moche as] my lord Chaunceller bade the Justyse to dyner [dyner—written "mete" in B. and altered.] ayenst that same day for [oure mater, seyyng that he sholde have a dys] of salt fisshe; y hiryng this, y didde as me thoght aughte to be done, and by avys [of the 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 thank]ys and made right moche therof hardely; for hit came yn gode seson, [seson—ceson, B.] for my lordis [the Duke of Bokyngham, the Markis] of Southfolke and other, Bysshoppis divers dyned with my lord Chaunceller tha[t dey. But] as touchyng the laboure and spede of oure mater that day, hit was by my seide lorde ajorned over yn to the [morun] Saterdey for these causis that a grete disputacion was be fore my lorde yn his chapell at Lambeth for pre[chyng of] Bysshoppis. And the seide lordis that same Friday were there at diner. [originally "mete" in B. and altered.] And the Justise came not there that day; but the same Friday after mete y was with the Justise by [by—omit B.] longe tyme and yn gode leisure to comyne of oure mater. Y fynde hym a gode man and well willed yn oure right, and like to have the grete rule of the mater, as yn the other letter. And he bade me move of some gode meene to ende the mater. Y seide ayen, savyng his commaundement, y cowde no skyll theryn ne to speke ne move of menyse, [of menys—omit B.] ne hit was not my part so to do; for hit wolde seme if y so didde, that y hadde doute of oure right, where y have right none, but we woll 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 w^t oure gode will we wolde never departe; that the churche and cimi∣tere, as [as—and, B.] that they calle synt Stevyn is fe, is parcel of the cite and ever hath be and shall be; and that we have a vyw and alle that to belongeth, and they right none, ne never hadde ne shall [shall—sholde, B.] have but

ever w^t 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: all hit was to tempte me w^t laghynge chere. Y seide they hadde no more but sympell Court Baron, if they so hadde. He seide that every man myght have of his awne tenantis and aske no man no leve, &c. Y seide how sholde they have more; they have no [no—nother, B.] 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 alle 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 [is—and. B.] graunt of olde kyngis and confirmaciouns, &c. He seide the Bisshop hadde the same. Y seide nay that I never knyw ne sigh, [sigh—segh. B.] and if that they so hadde, lete hit be shewed and but hit be answered hit sholde ende the mater. Then he moved of divers menys and abstynance of arestis. Y seide when the last grete debate was of the suburbis w^t oute Este yeate, of whiche debate he was cause of an ende by a recompence, atte ende of whiche mater hit was desired for to have [have—have hadde, B.] 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, alle that they myght godely, and sithenes hadde they no cause resonable to com∣plaine; and y seide this was a grete thynge as me thoght. He seide nay for that that sholde be attis tyme sholde be do by writynge for a perpetual pees. Then he asked of me of this mene; if we wolde absteyne us and forbere of arrestis of alle men of habite [habite—abyte, B.] servantis familiars knawed without any fraude generally. Y seide, if hit

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 alle other as on Sent Paull is Chirche at London. He seide hit was soth, and asked ayen if we wold [wold—wold so, B.] forbere and absteyne and be re∣compensed therfor, and we to have the viw and alle that longeth therto generally, as well on the fe as, &c. and so to make arrestis w^t ynne the fe, as y conceved hym, and to forbere alle other arrestis w^t ynne his tenementis of the seide fe and to be recompensed &c. and the Bisshop to have his courtis of his awne tenantis and to holde plees of gretter somme thenne [thenne—þen, B.] Court Baron xl s. and spake of xl. marke. Apon this mene he stiked faste, and thoghte [thoughte—þoughte, B. "th" is frequently "þ" in B, and is not noted after this.] hit was resonable and ever asked of me divers tyms what y wolde seye therto, all as y conceve [conceve—conceved, B.] to tempte me, and to concente to a mene, &c. and then y seide

My lorde, if hit please you, ye shall have me exscused to answere,

&c. for thogh me thoght that hit were a mene resonable y dar not sey yee, thogh y have power, for the mater toucheth a grete comminalte as well as me, and so that y dar not seye yn to tyme that y have spoke w^t my felowship at home: and y seide,

My lorde, for as moche as y conceve right well that this mater, if hit ende attis tyme, hit is like to ende by a mene, hit is my part to hire and to reporte, &c. but be the mene never so resonable to conclude with yow, thogh y have power ynogh, y beseche yow of youre gode lordship to have me exscused therof yn to tyme y have be at home with my felowship, or of tham here with me vj. or vij. for other wyse woll y never con∣clude with my gode will,

&c. He seide ayen,

Ye didde theron as right a wise man,

and so departyd, &c. The morun Saterday [Saturday, 28 Oct. 1447.] 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, and [and so, B.] afterward fro Soneday [Sunday, 29 Oct. 1447.] yn to Moneday; for the Justises dyned with the Maier of London that Sonday. The Moneday [Monday, 30 Oct. 1447.] y maier,

Bluet, Hody, Dourissh, Germyn and Speere with me come to Lam∣beth to my lord, and ther was at that day atte dyner with my lord the ij. chif justises, [justises—judgys, B.] 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 comminalte, the whiche them semeth grevous, beth not yet answered, and them semeth, &c. My lord Chauncellor therwith sodenly went right to the justises bothen, and called to hym Nicholas Ayssheton at that tyme beynge there, and leide theire iiij. heddis negh [negh—right negh, B.] to gedder and comyned to geder right privyly a grete while, and alle as y conceve [conceved, B.] and as hit proved afterwardis that the answeris to oure articulis [articulis—to be laid apart erased in B.] not to be spoke of. After that my lorde toke his cheire and the justises sate with hym, and bothe parties with theire consell kneled before. My lord asked how we last departed and therapoun stomped ["abode" erased, "stomped" inserted in B.] a grete while. My lord asked the bokis. He seide that his were on Kent is warde. He asked of oure party advers theire bokis: they wolde be knawe of none yn no wyse. And y mayer, seide yes, with [with—put in place of "and" in B.] moche more therto, &c. and how my lordis commaundement was at London, and aggrementis at home yn the chaptry hous, that oure articulis sholde be answered or we proceded any ferder, y praynge my lorde that so, &c. My lord was loth therto and the justises bothe. My lorde seide furste merily [merily—myryly, B.] of Vaspasianus. [Vaspasianus—See the City's Articles, Part II.] And y seide that that [that—hit, B.] was no mater of oure compleyntis, but y putte yn to prive [prove, B.] 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 [for to—for, B.] answere them hit wolde be cause of more

grucchynge and yvell wyll. And y seide, "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 alle this debate, lete tham be so answered:" and y reherced iij. yn especiall, oone of the Dyme, [Dyme—the "decima" or king's tenth?] another of the feloun that toke the bysshoppis fe, and afterwarde of the churche, and the [the—of 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 amendis to be made to ayther party, and that were longe to do, and that hit myght be don as well after as before, [as to before—inserted on a rider in B.] and that he hadde sey somme of oure arti∣culis ij. in especiall, oone of the Deme, another of the 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 alle 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, [Whereapoun to deme—inserted in a rider in B. but much decayed.] 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 tham [tham—ham, B.] self, and kept the mony and yet kepeth, and that sholde be well y proved. My lorde seide [seide—seide hym thoghte, B.] that as touchynge the settynge we were alle 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 grace of god." Then my lord asked furste of that other party if they hadde full auctorite and power and wolde consente to menys: and they seide anone with

gode [gode—right gode, B.] wille, yee for theire part. My lorde asked of me, [me—put in place of "us" in 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 the [the—þ^t þe, B.] 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 they [they—þ^t þey, B.] hadde seide dyvers tymes that they hadde olde charters, evidences, and munymentis to ende the mater; and y seide if they so hadde to bryng ham yn, and but they were answered to ende, &c. Hengston seide moche [moche and strongely—myche and strangely, B.] 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. [above—And here apon we hadde dey to receyve oure articles þe morn and so de∣parted, erased in B.] Hengston honged sore to have 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 belongeth [belongeth—longeth, B.] to a lete. Hengston seide but litell therto, but made wyse as thogh hit were yes; but Wode seide that they hadde olde wrytinge to have hit, and spake no more at all that tyme. Hengston seide openly that Radeford 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 knywe 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 have be never the werce but the better; and so we departed, stondyng a

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 alle, 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. [as y supposed—not in B.] Wherfor and for as moche as Hengston seide yn his presence that Radeforde and he were negh accorded: y [The rest of B. is much decayed.] 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 have 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 alle. 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 favo^r that y have do to men of the churche, hongyng this debate; and furthermore he of his awne mocion yn the communi∣cacion aboveseide spake openly of the letter that he send home to the bysshop by me, seiyng these wordes, "Maier, apon the 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 have do moche gode and cause of spede the rather ende [the rather ende—not in B.] of the mater." Y seide, "My lorde, [B. ends here abruptly.] that is true, and y have do my due diligent part therto, after youre commaundement by my trauthe." Y seyde more to Kys these wordis, "Kis, ye seide to me at home that y didde and seide moche thynge more there then my 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 alle 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

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 [31 Oct. 1447.] 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 have 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 have 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 have do moche werce than ever y didde, thogh that be to me none exscuse. As touchyng the grete venym that they menyth of my lyvyng, y may and pur∣pose be at my purge, as y may right well apon my sawle of alle 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, Come no more at oure hous, come, come, come. Y woll not dye nor for sorowe ne for anger, but be myry and fare right well, while y have mony; but that ys and like to be scarce with me, considerynge the bisynesse and coste that y have hadde; and like to have: and yet y hadde with me xx li. and more by my trauthe; wherof of trauthe not right moche y spende yet, but like &c. Constre ye what ye will. 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 [sholde—originally wolde altered to sholde.] have broght to me all most x li. all this of myne awne gode; wherof

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 oute 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 have knoweliche of all thyng that y have write home yf he be here as y suppose attis tyme, and but yf he be, to sende home to hym in hast; so that y have youre conceyt witte and entente to repplye to the seide answeris, and to the furste most specyally, whiche is derke to 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 thes repplicacions. Y can no more attis tyme, but y pray you to be not wery to over rede hire and se all the writyng that y have sende home to yow attis tyme; and yf ye be, no mervaill thogh y be wery, &c. and God be w^t yow. y-writen at London yn alle Sawlyn day [Nov. 2, 1447.] 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 tru ynogh as y truste and suppose and hath borwys for his office, lete them be pryvy to, yf yow, [yf yow, sic MS.—? yf yow like.] that hit is to be do.

Indorsed. A letter of certificatt from John Shillingford, Maior, of his doinges at London.

V. SHILLINGFORD TO HIS FELLOWS. London, Sat. 11 Nov. 1447. [Draft Letter.]

He was at Lambeth with the Chancellor on Sunday the 5 Nov. 1447, and spoke with him about the Answers to the City's Articles. On Monday in the Exchequer Chamber the Chancellor amended the answers himself. On Tuesday the cause came on again, and he describes the proceedings. The other party are to shew their evidences on Sunday next.

I grete you well alle, doyng yow to understonde that y am at London as y have 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 alle Halwyn [5 Nov. 1447.] 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 "Come the morun Monedey [6 Nov. 1447.] . . . . 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 have 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^t his awne hondis, &c. and so y departed, and mette w^t hym that morun yn the escheco^r 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^t his owne handys, oure party advers w^t theire counsell beyng present and yvell plesed and payde therwith, and my lorde was to tham right sadde ne wolde hire ham speke no worde, but spake to the chif Justyse Fortescu and prayed hym to be w^t hym that morun atte mete to comyne of oure mater, and yeaf no dey to that other

party ne to me to be there and so departed. The morun tuysdey [Tuesday, 7 Nov 1447.] 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^t hym that after mete to comyne as hit is aboveseide. Y seide,

My lorde oure repplicacions beth not yet alle 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 have 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,

My lorde, oure repplicacions beth not yet fully redy bot anon to oon [Originally "alle most oone."] and that oon 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 have write to yow of yn Kent ys warde: then he bade that other party goo a part and comyned w^t 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, [The Chancellor was at one time a dignitary of the Cathedral of Exeter.] and among other y spake to my lorde yn dysporte of the arest of S^r Thomas Gogh and of Hugh Luccays atte Denys place, and what favo^r y had do and had no thanke and of other thyngys as come yn to my mynde. [the to wyse—added in the margin and then struck out.] He cowde telle us how Germyn toke the churche þe 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 Goddys hous Seynt Peter ys churche of Excetre, and my lorde spake of his house, his halle, and the Justyse the same, how

loth they wolde be to make arestys theryn, and seyde that seynt Peter ys churche was Goddis hous and his halle, &c. and made meny resons to bryng yn abstynce of arestys. They were answered as God wolde geve us grace. Douryssh^a didde well his part; nerthelez all the longage bot hit were the lesse was by twene my lorde Chaunceller the Justyse and me. [Dourysshe to me—struck out, and then "stet" put over it; "stet" also has been struck out.] 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 alle men of habyte and theyre servantys, famylyars, and bailliffs, withynne the churche and cimetere at alle 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 have me exscu . . . . to move or aggre to eny mene . . . . y have 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 have: here of was right moche longage [longage—first written "ado and reson."] and reson prove and contra. Y hilde myn awne. Y hadde maters y nogh, &c. My seyde lordys bothe seyde that thay hadde olde recordys and evydences to prove their content. My lord hym self spake derkely of right olde charters the whiche y as ever have supposed right well; so y said, "My lorde, y have 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 have don my

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, that the Cite of Excetre have most feyth hope and truste theryn, and have fulle power to make an ende, bysekyng you and as y dar requyre yow, se the ryght and lete hit never passe yo^r 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 have aboveseyde, &c. My lorde seyde, "Mayer, ye seye right well, and so we woll do and procede," and so we all departed sine die, &c. Bot sythenys y have be w^t my lorde dyvers tymes and now have a day, and that other party to be before my seide lordis the morun Sonedey apon the makyng of this letter; [Letter written Sat. 11 Nov. 1447.] 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 have of that other party, and that they will abyde the rule of the lordys, &c. and that the lordys pur∣pose to make an ende, &c. bote y fere therof bot the courte be so hard against us, therfor to speke wyth the nywe shyrf y sette hit grete wysedome so hit be by soch a mene as be knowe noght fro us for drede. [derde, MS.] Certe hit be seyde that that ys the cause of the breche, &c. for they have labored strongly and sayeth nay, &c.

VI. SHILLINGFORD TO HIS FELLOWS. London ? Nov. or Dec. 1447. (Draft Letter.)

Dowrish and Speere saw the Chancellor on the Sunday before his arrival. New bonds are ordered to be sealed to entreat for a composition till Candelmass. Dowrish and Speere were before the Chancellor on Monday; the cause was postponed. Shilling∣ford arrived in London on Tuesday, he has not seen the Chancellor yet because he waits for the "buckhorn" [buckhorn.—This appears to have been a kind of fish. In the Receiver's Account it is stated that 400 of bukhorn was bought to be given to the Chancellor. In the Household Account of the Countess of Devon (State Papers, Henry VIII. iii. p. 1403) amongst other fish there is an item for "6254 buckernes, 35s. 10d."] which was to be presented. Upbraids one Germyn for his negligence in not sending it.

Worthy siris y grete yow well alle; doyng you to understonde as touchyng the laboure and spede of oure mater that Dourissh and Speere hadde be w^t 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 þ^t 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 þe 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 well as the Chif Justise, and my lord avowed me well therof and was right well pleased of [of—first written "with."] all 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 have goddes blessyng and his, and whan that ever y come to be well come 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 þe B. D. and C. &c. My lord answered bot litel 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

and Beef, and so came yn before my lord Chaunceller the morun Moneday, and nywe moved hym w^t moche longage as tochyng the sute aboveseide. My lorde seyde he myght not werne tham þe comyn lawe, bot he seide right feith fully and sadly he wolde consell ham the contrary and commaunded to awayte apon hym and þe Chif Justise beyng togeder. A rule to be sette, &c. And so departed and stont yet.

Furthermore y do you to understonde y come to London on tuys∣dey, so þt y wolde have be w^t my lord þt same dey tymely y nogh afore mete; bot I taried and yet tary because of þe buk horn þt 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^t grete othis; the whiche came not yet, me to right grete anger and discom∣fort by my trauthe, and the cause þ^t 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 have be presented, and y to have come there after, &c. and so to have sped moche the better: but now hit is like to faille to hyndryng. And so y have helpe ynogh abakward and but [but litell—originally "no thing."] litell forthward as hit at alle tyme proveth and appereth. Y prayyou specially to thanke moche t . . . . . gentill Germyn Quasi duceret euge euge Germyn of his governaunce attis tyme, id male gaude Germyn. Nothelez [I know] right well he woll ascuse hym right well by thike fals 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 have they bothe, and seye ye amen non sine merito, and bot ye dar sey so, thynke so, thynke so. Also y charge Germyn under rule and commaundement of J. Coteler my lutenant, þ^t he do that he can do, braule, bragge and brace, lye and swere well to, and yn especiall þ^t þe 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. [cokkis bonys—i. e. God's bones or God's wounds (?); Gogs wouns. See "Taming the Shrew," Act iii. scene ii.]

VII. SHILLINGFORD TO ONE OF THE BISHOP'S COUNSEL. 14 Dec. 1447. (Draft Letter.)

Concerning the entreaty to be had at home under the new bonds—prays him to fix place, day, and time for the consideration of the matter, and expresses his desire for a "good end"—a curious passage at the end has been struck out. See the note.

Right worshipfull sir, y recommaunde me to yow. Like [Like—twice altered, and put in place of "praying."] yow to be remembred of the speche and communicacion þt 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 alle to the best entent to alle 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 Rogger 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 þe 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 prefixe place day and tyme as ye woll resonabilly, and that as sone as ye may godely, the rather the levere, [the rather the levere; i. e. the sooner the better.] and ye shall be all redy and wyth alle

thoo that longeth to be there, for oure party un failled; so that noo cause of tarying shallbe founde yn oure party with the grace of God: praying yow the same, &c. for ye [In place of the words from "ye" to the end he had written originally as follows, but substituted the other passage afterwards: "We wolde right fayne have an ende, ye ne noo man conceyvyng for noo drede ne dowte that we have yn oure right, ne y John Shillyng, for noo drede of grete wordes of malyce, disclaundres, longage, writynges, ne settyng up of bullis to that entent to rebuke me and to make me dulle to labore for the right that y am sworne to, for truly y 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 alle gode communicacion and resonable meene to make a gode ende, and thus y desire to be knowed and reported, for with the grace of god y woll be oo man, and the same man y have be."] may fully conceve þt my felows and y wold fayne have a gode ende and pees, prayng you to applie yo^r god will and favo^r to the same. And how hit may please you to do in þ^s, y pray you to s[ende] hit me yn writyng and alle shall be well w^t þ^e grace of God, whiche have yow yn kepyng. Amen. Writen at Exeter the thursday (next) after Sent Lucie. [Dec. 14, 1447.]

VIII. SHILLINGFORD TO DOWRISH. [Dowrish appears to have been one of the City's counsel.] 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 Bysshop of Excetre the Deane and the Chapiter ther, and the Maier and Comminalte of the seide Cite, the whiche maters at London this last term passed, by comaundement of the lordis ys put yn rule as hit appereth by a letter the whiche y have sende to William Hengston, wherof y sende to yow a copy; as well as of dyvers other bullis of supplicacions by the seide Maier and

Comminalte y putte yn be fore the seide lordis. The whiche copies all y pray yow avysely to over rede and well understonde after the commaundement and rule aboveseide. And after the gode will, prayer, fourme, effecte, desire, and entent of the seide Maier and Comminalte comprehended yn the seide letter and bullis, to applie your gode will and to do your tendre and diligent labour to helpe to make a gode ende, and that all my feloship and y pray yow right hertly. And yn especyall that ye be oon of thoo pryncipall en∣differently to entrete ther ynne that most gode may do ther yn, and with yow Radeforde 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 grace of God. Ye may constre moche thyng &c. bot this aboveseide thus don, y dowte noght, bot truste to God verily to have a gode ende and pees with the grace of God, whiche have yow ynh is kepyng. Amen. Writen at Excetre on Wendisdey yn the 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" have postponed it until Candelmass with a command that the parties should endeavour to agree at home, as appears by a letter lately sent by the Chancellor to the Bisshop. The Mayor and Comonalty are ready to agree. The City did not wish to dispute the Bishop's right to the Fee. The Church and Cemetery are distinct from the Fee and not the same thing as it is now desired to be set up this last term contrary to the Bishop's first answer to the City's articles. Begs he will endeavour to settle the affair according to the effect of divers bulls of supplications put in by the Mayor to the Lords, of which he sends copies.

Right Worshipfull and Reverend 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 have yn knowliche

as tochyng the grete maters yn variance betwene yo^r right gode and gracious lordship the Deane and Chapiter of yo^r Cathedrall Churche of the Cite of Exceter and the Maier and the Comminalte of the seide Cite, the which maters by yo^r 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 and lenger 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 your conseill beyng present, and as y seid yn yo^r presence yn the Chapetry hous of yo^r Cathedrall Churche of Excetre. The whiche rule and commaundement the seid Maier and Commi∣nalte fully aggreed ham for their part and were all redy to fulfille hit at London and so buth yet her at home, and shall be yn all 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 yo^r parties and yow most specially of your gode and gracious lordship to yeve your gode will and applie yo^r favo^r to conforme to the same; considryng verily that we wold right fayne have a gode ende with yow as lawe, right, reson, and gode consience requiren, with all favo^r desired resonable that by our part may be shewed or don, and to that is called your fe, most specially bysekyng yo^r gode and gracious lordship to be amytted therto, for hit was never our will to putte that yn debate ne to de∣spute the right therof, but as we have be forced therto by yo^r 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 Cimitere

another thyng by him self, as ye have supposed and claymed and allegged by two the furst divers articulis therof made yn your furst articulis of compleynts, withoute that yo^r Cathedrall Churche and Cimitere be parcell of the seid fe or annexed therto, as hit is and shall be well proved by evident writyng, witnesse, and other wyse. But now late this last terme ye have supposed and leyde the seid fee Churche and Cimitere to be conjoyntly contrary to yo^r furst clayme, as hit openly appereth yn your furst articulis of yo^r provys to have a colo^r to the seide Churche and Cimitere by the seide fe, &c., as hit is right well conceyved, and therto ye have aleyed for yo^r prove the boke of domysdey, the whiche is no prove, and that we have and shall comytte yn to the grete wysedomys of the lords abovseid. But we truste to God, savyng yo^r 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 y^r provys. The whiche with meny other thyngs shall be redy to be shewed before yo^r gode lordships yf hit please you. But what conclusion that ever ther folwe we trustyng to God to have yo^r gode lordship, we woll be demened resonabilly with all favo^r 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 yo^r blessed favo^r and benyvolence to the gode ende and appeasynge of this mater, after the will, desir, forme, effecte and entente of dyvers 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 yo^r gode and gracious lordship at yo^r leysure to over se and fully conceyve, the rather to have a gode ende as we truste to God: and like you to knowe that y have write to Copleston and Hengeston and y spoke with 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 all redye, &c. Bysek∣yng you of yo^r right gode and gracious lordship, as y have my lord Chaunceller, to have me exscused of myn non comyng to you

as my dute hath be and is. Considryng verily if y myght knowe . . . . lordships pleasur and commaundement therto, the whiche y wolde full fayne knowe and come grete joye and comfort to alle yur puple and gostly children 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 have yn knowliche by the berers of this my symple writyng at yo^r pleasur. Please yo^r gode and gracious lordship to have yn rembrance that I and all the Comminalte of the seide Cite ben your gostly children and yo^r men at yo^r commaundement and ever shall be by Godd's mercy, whiche preserve yo^r gode and gracious lordship and yo^r blessed faderhed yn his high mercy. Writen at Exceter the xxiiii day of Decembre.

By yo^r awne servant and bedman,
J. SHILLYNGFORD.

Indorsed. A letter from the Jo. Shillingford, Maior, to the bishop.

X. INSTRUCTIONS FROM SHILLINGFORD TO HIS DEUPTY. 24 Dec., 1447.

Instructions to speak to the Bishop and deliver a letter from the Chancellor. He is to make excuses for the Mayor not bringing the letter himself. It is the Chancellor's command that "we intreat at home." The City is willing. The Mayor is hurt at some remarks of the Bishop's.

After the 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 lordship

atte reverence of my lorde Chaunceller to yeve leyser and attend∣ence therto; seyyng also that hit is the Maier is part to have come hym self with the letter and exscuse, &c., and then how dan∣gerous hit was to make eny worthy man to come 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 entrete at home, the whiche hath be the Maier is grete laboure the grete part of all this yere, and myghte noght be excepted therto, and so he hath re∣ported before the lordes as well as the furst coming to 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 Recorder with other of the Cite at his pleser beyng present, trustyng to God verely al for the best, and myche the rather and the better to have a gode ende as lawe, reson, and right gode conscience requyren, he to fele alle 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 same true man as he hath be, and so he trusteth to God he is take and knawe among the lordes above; but thogh he and other labor for the right of the Cite w^t 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 benefice. 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 Coteler

to his gode grace, 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 come 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 have 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 all brynge aboute yn so shorte a tyme, and also hit was seide to me with the seid comaundement these wordis fro my seid lorde, that y sholde come 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 all 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 all 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, wherof [whereof—whereof all. B.] ye shall presente my lord copies; Also

y most considryng yn my sympelnesse that my lorde hadde no knowliche of all this laboure ne y no knowliche of his privy comaundement as all tyme hath be hadde yn thes mater how y sholde have governed me, and seide at Chudlegh y stondyng mayer and of power, and yet havyng no power, ne noght 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 shold have passed me the whiche yf hit sholde have be noted right well, &c. the whiche all this con∣siderid me thoght hit was not my part to come to Chudlegh with∣oute more 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 alle tymes as hym aughte to obeye and fulfille his comaundement. And yn the grete mater yn debate specially y-trustyng to God and his gode lordship that he will no [not—noght. B.] comaund me ayenst the Kyng's comaundement, my wordis, works, and writyngs. Item ye shall seye to my lord that y have do my dayly labour yn all wyse, aswell here at home as at London, and to my lord 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 have do as moche as y can may and dar do by my trauthe to bryng the mater all yn my lords hondis; And yet yf hit may be seye how by my lordis privy comaundement y may more do y shall the utmyst as me aughte do to my lordis pleasure, besekynge my lord not mystrustyng [mystrustyng—mystrute. B.] me or [To—or to. B.] lete me be dyscharged of the privy consell of the mater, for Thomas Cooke tolde to me so that y sholde not have 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^toute me as mayer.

Indorsed, A lettre of John Shillingfordes for excuse because he could not resort to the Byshop at Chudleigh.

XII. H. WEBBER, PRIEST, ON BEHALF OF THE BISHOP, TO THE RECORDER (?) 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. [There was a consultation in the Chapter House, Lent 1447 8.—See Extracts from Receiver's Accounts in the Appendix.]

My right reverend trusty and singular maister, after dewe and entierly recommendacion with all 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 [Originally "hadde receyved."] your letter he receyved a long and right a diffuse letter y send to hym by the Mayer of Excetre remyttyng my seide lord in the same yn to a long rolle of 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, S^r, 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

tyme at Excetre, and yn maner so the seide Maier writeth hym self to my seid lord, with maters of pretens contrarye articulis and other allegauncies and remissions yn to meny diffuse 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 delaye to hyndryng of his Churche and of his right, for trewly he woll noo long delayes theron, bot to do his avail whan he shall se his tyme. And yf hit so be that ther shall be y-offered suche weyes that may be to the gode ende and peasying of the seide maters withoute hertyng and delayng of the right of his Churche, he 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 fruite 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 wolde noo more therof. Notheles my seide lord, seyng your gode will, whiche ben of counseill with his Churche, wyth [wyth—originally "and."] hym, and with the Maier of later date, thanketh yow hertely of your gode letter and also the Maier for his godeley letters, and with the grace of God John a Copleston and William Hendeston and other, as hit is aböveseid, shall be a redy to commune with yow under the

fourme as hit is aboveseid to the effectuall gode ende with oute grete delay, for trewly y ther sey yow secretely, on grete truste that y have founde yn your person ever, my seid lord 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 effectuall and a spedcefull ende, y sey yow feithfully y shall do my part truly therto with the grace of God, the which have yow ever yn his gracyous kepyng, and my seid lord praied yow that ye wolle 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 has 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 alle thynges have well understonde, and y am and was before that letter fully remembred of all 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 ther

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 present; 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 Richard 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 alle 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 grace of God, [by the grace of God—originally "so far as God will yeve me wyt and grace."] whiche have yow yn his kepyng.

Amen.

XIV. SHILLINGFORD TO HIS FELLOWS. 3 Feb. 1447-8. [Original and draft. [The words in brackets are filled in from the draft, here called B.] ]

The Buckhorn was presented on Candlemas day. On that day he was with the Chan∣cellor at mass and presented his candle to him, and "abode there to meat by my lord's commandment." Describes the scene and his conversations with the Chan∣cellor about the cause.

[Worthy siris, y grete] yow well alle, 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

at Lambeth with my lorde at masse, and offered my candelle [to my lord is] blessed hond, 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 have 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, [squyers—"quyers" B.] and other comyn puple grete multitude, the halle fulle, alle 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 calle 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 have herd yow seye that ye and the ij Chif Justises of a rule of the Churche and Cimitere were negh accorded." He seide hertely, "Yee for gode." Y seide, "My lord, as touchyng the fee Radford and Coplestone beth nigh accorded at home, whiche two accordis y knowe we buth alle most thurgh:" the whiche seyyng alle 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 have seide, &c. the Chif Justise toke upon hym to seye, &c. and seide moche thyng for oure part, and quytte hym a gode man [man—originally "lord." B.] to us.

Furst he reherced how we were broght yn be fore tham by the Kynges commaundement, how we wolde have be dysmyssed and discharged fro tham, [See the Petition to the King in the Appendix.] and be atte comyn lawe and myght not, and how hit hath be labored ayenst us duryng the tyme of this entrety, so that ther is a Shirf y made and the contrey embraced ayenst [oure] entent and thus we stode at [at—originally "yn." B.] 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 ij^de 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 seid [and so seid—originally "and seyde right blessedly" in B.] therto for oure part. [After this we toke our leve, and y yn my leve takyng seyyng [these] wordis, "My lord, have mercy and pyty apoun that pore Cite, Jesus vidit civitatem et flevit super eam;" also bysekyng him to yeve me leve to sywe to his gode lordship to have the mater refourmed as hit is aboveseide; he seide y sholde be right welle come what tyme that ever y come, and so departed thens and stonde this day, &c. That nyght right late Harry [Brok] broght me a copy of a recorde whiche y sende to yow, [See end of letter. ‡] to the whiche recorde with avys of conseill y thyng ["thenke" in the draft.] bolde[ly to] appere forthwith this terme, &c. and y hope hit shall be right well as the cas stoondeth, and better than hit was desired and like to have be atte last entrety at home, with the grace of God, whiche have you in his kepyng. Writen at London the morun after Candelmasse day. [3 Feb. 1447-8.]

By JOHN SHILLINGFORD, M' of Excetre.

Indorsed. After makyng of this letter y receyved a Copy of a writte ayenst John Hulle, as h[ere folowyth].

Devonia. Distringas Johannem Hull de Exonia in Comitatu tuo marchaunt per omnes terras, &c. respondendum octabis Purifica∣tionis Thome . . . . . . . . . . ipse simul cum 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. xxvj^o. rotulo lix^o. 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, lutenant, 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∣ment, and to stay the suit at common law.

Please hit yn to youre right gode and gracyous Lordship of youre specyall grace and favo^r 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 please

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 sute, ynstance, and laboure to his highnesse therof made, at whiche tyme the seide mayer and communalte wolde full fayne to have be dysmyssed a large and the mater to have be determyned atte comyn lawe, bot for drede of the seide commaundement, to tham right ferfull, obeyed and bounden them to abide the rule of youre gode lordeship and the seide two chif justises after the seide commaunde∣mente; and so they have governed tham, don and fulfilled all thyng that longeth to theire part to don; and if any thyng lakke they beeth redy to perfourme hit as they seyn, trustyng to God verily to have hadde right a gode ende. Whereapon how that ye yn your gode lordship yn the ende of the last terme of Seynt Mighell, for shortness of tyme and grete bysnesse for þe 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 have 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 have and woll yn alle wise obeye, abide, and be bounde therto, as they seyn, to have a gode ende and pees; and as us thenkyth hit is yo^r 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 have yn knowleche why ye woll not. [The latter part of this petition shows that it was only a draft. The last sentences were evidently intended to be employed by the Chancellor in addressing the Bishop.]

XVI. THE ARCHBISHOP OF CANTERBURY TO THE BISHOP OF EXETER. Lambeth, 16 Feb., 1447-8,

Begging him to refrain from proceeding at Common Law because the matter is by his labour and that of the Justices in course of settlement under the bonds that were made to Candelmass last. Trusts that a composition may be made and if any difficult point arise the judges will settle it.

Ryght Worshipfull and wyth all my herte right welbeloved Brother, I grete you well full hertly. And suppose ye be well remembrid howe that matier whiche longe tyme hath abiden yn travers bitwixte yow, your Brethren and myn, your Deane and Chapitre of yowre churche of Excetre, and the Mayer and the Com∣minalte of the same, by speciall comaundement of the Kyng was commytted and putte to the rule of the two chief Justises and me, wheryn as God knowyth they and I have laboured long tyme, and specially the last term yn our effectuall wyse for the gode of pease and sure conclusion to growe therof, bryngyng the matier by daylie labour to grete ripenesse the soner therby to have concluded theryn: And for as moche as we myght not approchyng the ende of the terme further labour theryn, hit was comyned and desyred nywe bondis to be made and enselid at home by bothe parties unto Can∣delmasse last passed trustyng the matier to have be comyned and yn partie entreted at home. And as nowe we wold have 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 Comminalte have att all tymes and yet ben as they seyen redy to obey and abide all 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

and redresse therof with all our hertis and power. And almyghty Jhesu have yow ever yn his keeping. Writen at Lamehithe the xvj daye of February,

J. ARCHEBYSSHOP OF CAUNTERBURY.

Indorsed. The besshop of Canterbury to the bishop of Exon.

XVII. THE CHANCELLOR TO THE CHIEF JUSTICE,

Urging him to use his influence with the Bishop for an entreaty to be had at home.

Worshipfull and right welbeloved Frend,—Y grete yow well, and doute not ye be well remembred of that mater whiche hath longe tyme abiden yn travers betwixte my Brother of Excestre the Deane and Chapitre and the Maier and the Comminalte of Excetre, wheryn ye for your part have hadde grete laboure; y pray 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 alle parties to putte the mater yn entrety at home, trustyng as me semyth fully wyth more charite and lasse coste the mater to take sonner ende by that mene than by processe or rigour of lawe withoute your dysplase. And almyghty Jhesu have yow yn his kepyng. Writen, &c.

The bishop of Canterbury unto the lord Cheff Justice for an 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 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 Lam∣beth.

He abided till Tuesday, and had a letter to the Bishop of Exeter. Also tell him he sent his letter to the Bishop by John Hulle, John Coteler, and you Richard Druell. The Bishop sent Canon Kys to treat with the Mayor, who refused to treat with any one but the Bishop; but they agreed to refer matters to counsel on either side, and met at the Cathedral, Copleston, 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 Cathedral on Monday morning "at 10 atte belle" and was assigned to come before the Bishop in the Chapter House. ? Lent, 1447-8.

Furst ye shall recommende the Maier and all 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∣ment at alle 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 all the seide Com∣minalte as y suppose, yn wham after the Kyng your soverayn lorde we have most feith hope and truste verylye, ever thankyng hym of all his ryght grete gode gracyous and endyfferent lordship at alle 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 grace 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 yn

especyall of my lord Bysshop of Excetre and of the grete mater hongyng yn debate by twene hym the Dean and Chapiter and the seide Cyte, and how that as y supposed that my seide lorde of Exceter had no more knawlyche of the grounde of this mater then the ymage yn the cloth of areys ther, &c. and yf he knyw the right title and grounde of this mater, considryng his blessednesse holy lyvynge and gode consyence, that hit wold be cause myche the rather to be at a gode ende, and cause to knowe the better the gode, gracyous, and favorable lordship that my seyde lord 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 have a letter wyth me to his seide brother Bisshop of Exceter of this matter, and comaunded me to abide, and so y didde anon to Tuysdey, the whiche Tuysdey y hadde the letter delyvered wherof y send a copy. That day y spake to my lord to have a tokyn to Sir John Wulston to have oure articles y-answered. My seide lord as y conceyved hym seide y sholde not nede, for he knyw well that they would answer at home, and so that they hadde promytted hym. Y seide of lesse then they wolde answer to the articulis y sholde never enduce my felowship to no suche [no suche—first written "none."] 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 þe pees, and how that my lord of Excetre is tenantis were somned to come and kepe the wacche and the pees and came not, and what querell ther was made by the surveyur and Copleston, and how the Mayer bade ham to compleyne to the Justise and so they didde, and how the Justise demened hit, so that the seyde tenants wolde have come afterward as well as be fore yf they moste, but they wer forbode apon a grete payne and charged yf eny of the Mayeres officers entred yn to eny tenement of the Bysshop for to warne

eny man to come to the wacche that they sholde breke his hed, wherof hit was like to have be right myche a do and grete troble. Nerthelez the pees by the mayeres rule well y kepte and all other thynggis so don that y truste to God the Justise woll reporte the beste.

Item ye shall enfourme my lorde how that y sende his letter to my lord Bysshop of Excetre by John Hulle, John Coteler, and yow Richard Druell; how godeley the letter was receyved, what gode chere and welfare they hadde there, and the answer that they hadde to the letter; that my lorde the Bysshop seyde that hit was not his part ne noght wolde comyne ne hire therof, but that he wolde sende his Counseill Copleston specyally to comyne of that mater, &c. and so the seyde John Hulle, John Coteler, and Druell departed, &c. Sone afterward came to the Mayer fro my seyde lord Bysshop of Excetre Sir Rogger Kys, chanon, and seyde that he hadde a bulle y come fro my lorde of Excetre, that he sholde speke with the Mayer there to know his entent of the seyde letter, and so to reporte to my lorde. The seide Mayer seide to hym ayen that he cowde [cowde—oowde, MS.] no skyll to speke entrete ne uttre no mater to my seyde lord Bysshop by mene. And that the seyde Maier conceyved and knywe right well that his seyde lorde Bysshop toke unworthy as he myghte right well for sympelnesse and poverte to speke or entrete with hym. Nerthelez he seyde suche sympell as he was he was Mayer of Excetre and hadde yn comaundement of my lord Chaunceller to speke, uttre maters, and entrete with hymself. Wher∣for he seyde that he after my lordes commaundement and as Mayer of Excetre he wolde boldely take hit upon hym, &c. Kys wolde no ferther yn that, but moved and stured of other divers entreteys. ["And yn especiall to have a day of entrety, ij. of their counseyll y called to and ij of oures. Whereupon we accorded of a day. The Mayor" struck out in MS.] And y seide ayen, sithen that they wolde leye this entrety apart, what ever entrety they wolde move, sture, or desire resonable hit sholde be aggreed, so that no defaute shoulde be founde yn oure

part; wherapon we comyned of divers maters and entretyes, and atte last we conducended yn this wyse: ij men to be nempted of ayther counseyll to sette ayther party yn rule of entrety; hit was aggreed, men of counseyll y nempted, and a dey y sette at Seynt Peter's. They nempted Coplestone yn certeyn, Hengston or Wode for their part. Y, Mayer, nempted Radeforde in certeyn; Hody, Beef, or Douryssh as y myghte gete, and so departed. The whiche dey at Seynt Peter's we mette with 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 present at that tyme and at every doyng and communicacion sithen; wherof y pray yow to remembre yow right well and enfourme my lorde of all thynge truly and yn especyall of the answer to our articulis how ofte yn name of my lordes commaundement above seide hit hath be asked what answers we have hadde, and latyst specially, and how the counseyll at Seynt Peters Churche tyme aboveseyde, seyde hit was reson that we hadde answers to oure articulis, and hit was aggreed. The Dean seyde that they wolde not entrete but yf they hadde Hengston, and seyde that they had meny old charters, evydences, and munimentes that their counseyll saw never, whiche sholde be shewed. We seyde and prayed for the love of God that they myght be shewed, yf eny suche were, and it sholde ende the mater but it wer lawfully answered; and so dey yeve over and ajorned yn to Hengston is comyng. Our counseyll asked yf they sholde eny lenger tary for this mater: they seide nay, and so 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 w^t 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 was not my lorde Chauncellers com∣maundement

that my lorde of Excetre should come so, but that the seyde Mayer with other of his felowship sholde come to hym at his assignement and callyng as their parte is, and wolde w^t right gode will to comyne after the commaundement and the entent of the seyde letter, and thought that my lord of Exceter were avysed and ruled so to come for so myche as the matter of the seide letter by my lord of Exceter was leide apart as is aboveseide, 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^t hym of this matter, prayng so to have me ascused; but yf he wolde nedys thus come, y w^t my felowship wolde awayte apon his gode lordeship, and comyng w^t all worship and reverence to receyve hym as oure part was. Copleston asked yf this sholde be oure answer, and yf hit so sholde he most sende a man yn hast ayen 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 they shold take this for none answere, for the mater tochith the grete Comminalte of the Cite of Exceter as well as hym. But communi∣cacion y hadde w^t felowship they sholde have an answer. Cople∣ston seyde hit most be don forth with, for my lorde was comyng. The Maier seyde he most have resonable tyme for callyng and of communicacion, and desyred ij oures, oone to calle another to comyne, and no moo. And that with grete ynstance and prayer was graunted, with ynne whiche ij oures and fast by oon oure they were answered that the Mayer w^t alle the worthy of the Cite wolde awayte apon his gode lordship and his comyng. And at alle tymes to be all redy to come 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 come, the Mayer w^t alle the worthy as ys aboveseide and grete parte of the Comminalte, a fair felowship hardly, wayted apon

hym as is aboveseid, [after aboveseide—"w^t all the reverence that they cowde"—struck out.] 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 to the Maier that he was come 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 Maier ["that" to "Maier" put in place of "that hit longeth to his astate to have bide at home and to have commaunded the seide Mayer to come to hym."] and suche of his felowship as hit plesed hym to have come to hym they wolde have come 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 have w^t 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 nogh [ynogh—first written "ynowe."] abowte. The Maier seide yf he sholde so do he most comyne w^t hys felowship wham he sholde have, and that oon of them that they wolde have as he knywe well was Thomas Cook seke lame at home, and so prayed my lorde most specially of his gode and

gracious lordship to have dey over yn to a mourn; and so w^t 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 speciall writyng that he hadde promysed to my lorde Chaunceller that sholde make an ende of all 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 speciall 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 alle 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 alle 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 alle tymes redy to obeye, do, and come 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^t 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 come be fore hym yn the Chapitre hous of Seynt Peteres.

Memorandum. To have yn mynde of a blynde entrety, and how hit hath be ladde forth thus hiderto.

Memorandum. Of the priestis that beth endyted.

Indorsed. A letter of Instructions to Richard Druell.

XIX. SHILLINGFORD TO THE CHANCELLOR. Soon after 13 March, 1447-8. [Draft Letter.]

The parties have been in treaty before Sir Richard Newton, Chief Justice of the Common Pleas, at Exeter, and also before the Bishop at Crediton. Hopes for a "gode ende."

Please hit your gode and gracious lordship to have yn your blessid remembraunce as touchyng the grete 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 yo^r owne puple and poore bedemen of the seid Cite of Excetre, how hit pleased yo^r gode and gracious lordshippe this same terme of Seynt Hillary to write a lettre unto my seid lord the Bysshop of Excetre, to have the seyd matier yn trete at home as^a hit was bi your lordship comaunded at [as to at—originally "after yo^r comaundement yn."] Mighelmasse terme, whiche lettre ye yeve me yn special comaundement to bere my self to my seid lord of Excetre; after [after—originally "at."] which comaundement I toke hit apoun me and so did, where, through favoure of yo^r [where to yo^r—originally "where for yo^r love."] gode lordship, I ferid wel, had gode chere, and was yn the best wise right wel come, and al thing comprehendid yn yo^r lettris yn ful godely wise take, obeyed, assent, and agreed. Radford and Copleston to be [to be—originally "beyng."] at Excetre to trete yn the matyer; and so thei were at tyme of assises, at whiche tyme S^r Richard Neuton, chief Justise of the Comun plece, called the parties before him, and the seid John Copston and N. Radford, and there he hardly did indifferently his true tendre and diligent labo^r and parte for the gode appesyng and welfare of bothe parties yn the seid mater, after the effect and extent of y^e blessid lettre fro your lordship to him send by me.

Whereapon day was assigned on Wensday next after Passion Sonday [13 March, 1447-8.] . . . . 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 present. And there and at that tyme a^b reule was mouthid and had [a to had—originally "the seyd Copston and Radford made a reule as hit apperyth yn," then "a reule was had and made by the seyd Copston and Radford."] accordyng to the forme of a condicion of an obligation, whereof I have send to yo^r lordship a copy yn this lettre, to whiche bothe parties at that tyme aggreed and assentid ham, a^c special communication had before [a to before—originally "moreover ther was a communicacion had."] with the seid justise by me the seyd . . . my counseil and felowship; trustying to God and to yo^r gode lord∣ship to have right a gode ende. And, yf noe, ever to resorte to your gode lordship accordant to the kynges comaundement, by Goddis mercy, whiche preserve yo^r 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, declare 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 declare, 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 have be sende home, yn the whiche is conteyned shortly myche of the grete laboure that hath [be] at London. Also ye shall enfourme

hym of the Justyses comyng yn to Excetre, how he was receyved, what chere he hadde, and how he toke hit, and what rule and governance hath be at Excetre at tyme of his beyng ther, and yn especyall of the wacche, and how that the Bysshoppis counseyll was w^t 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 lesse [of lesse,—in the sense of "unless," as in a previous page, and again in p. 70.] then they wold come when they were somned, that he wold streitly punysshe ham, and that they sholde knowe well. [well—after this there was "and seid to ham that they sholde enfourme the Justise thereof, and so they did."] The Maier made his grete querell to the seide Bysshoppis counsell, seyyng that they hadde forbode the Bysshoppis tenants every apon payn of xl^s that they sholde not come 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. [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."] 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 all to enforme the Justise therof, and that he wolde do the same, and so the Maier did, and the Justise to all 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 w^t a gode wyll, and beth gode men and eysy as at Radwey. [Radwey was one of the Bishop's seats. The allusion appears to be to the obedience and good conduct of the Bishop's men there as compared to that of his men in the City.] Wherof y pray yow to enforme my lord of all thyng that was done and seyde ther at that tyme, &c. Next after this ye shall yn the Mayer is name speke to my lorde for John Coteler and John Germyn, and then ye shall speke to hym for the Mayer of Pencrygge, w^t all

the grete circumstance. Y pray yow to remembre yow of all thyngs therof. After this ye shall speke to hym for the Mayer, that the Mayer that is and shalbe some tyme, may not ne shall not mow dar [dar—after this "for drede of my lorde" has been struck out.] 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 S^r John Notte of his fyn. Item in speciall of S^r Thomas Gogh, how he is take out of Court, and the Court stondeth y charged w^t hym in dyvers wyse, and S^r 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 y^e 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 have ravasshed hir. S^r Thomas Gogh þ^t made affray and toke the churche late. Forest seide þ^t þ^e seyd S^r 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 alle these and right meny moo þ^e Mayer hath not dar do right lawe ne execucon, for now almost every man taketh colo^r by my lord. Bysekyng þ^s to be remedyed, and also of beryng of the mace w^tout Westyeat and of þ^e brygge [þ^e brygge—Exbridge was in decay at this time; Shillingford made great efforts to restore it. See his petition in the Appendix.] while seson ys.

XXI. SHILLINGFORD TO HIS DEPUTY IN LONDON. INSTRUCTIONS TO SPEAK TO THE CHANCELLOR. Soon after Easter, 1448.

Desires more time to answer the Bishop's new articles. Search to be made among the Public Records for evidence. Since "our departyng from London" the Canons have changed their conduct, and behave peacefully.

..... of all his right gode, endifferent, and gracious Lordship ...................... ally yn this grete mater yn debate by twene the righte reverende ffader yn God ........................... be Edmund Bysshop of Excetre and the Dean and the Chapitre there of that oo parte ................ Cominalte of the said Cite of that other parte. The whiche mater with the grace 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 reherce to hym the articulis that comyth to yowre mynde, that beth com∣prehended yn the olde enstrucc[ion], the whiche ye delyvered un to my Lorde ayenst the Mayeris wyll, savynge my Lordes com∣maundement, ffor sympelnys of enditynge and writynge, con∣sideryng his high astate; bisechyng hym to have the articulis ayen, yff hit plese hym, for youre better enstruccion; ffor this cause that y wolde noght hit were y-knowe that suche writynge cam fro me, leste the parties signe defaute yn me, and be more werce willed and dangerous to entrete. Nertheless if my Lorde suppose eny article comprehended theryn be not trywe, hit shalbe avowed trywe by a nother 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 comynge

haste to London; of oure beynge ther; and how we departed thens. Ferst, howe we cam thider, and kepte oure daye, by the Kynges commaundement and by my saide Lordes, atte ferst day of the xv^e, and sholde have receved the articulis the Wendisday next after. But by the speciall dilygent and tendre laboure, ferst of M. John Druell, youre unkell, and after by prayer and desire of alle other of that parte beynge ther at that tyme, we were prayed and desired to abide with 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 therfor called no more upon my Lorde to have the articulis delyvered there; and elles we wolde truly to have had tyme fro that xv^e ynto this xv^e to have made oure answere, and yet that tyme had be full shorte, considerynge, etc. How we sped whenne we come home, hit is comprehended yn the olde forsaide enstr[uc]cyon, all most anon to the ende of the Parlement. What hath be seide and don sithen ye come ho[me] fro the Parlement, ye knowe right well; ye have be at alle tymes present. Apon the deliverance of whiche ar[ticulis] to us covenant was at London that we sholde have 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 have labored and called daylly to have 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, [4 April 1448.] 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 noght therof. Y wolde have comyned w^t ham to have 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 all thynge that y wolde seye, and eve me none answere, but reporte me. And

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 ad [Sic MS.] diminuere, the substance noght changed, oon article excepted, the whiche they wolde adde yn sub∣stance; and thus be we uncerteyn as yet of the articulis, and almost but as we departed fro London; and God wote that is not oure defaute, for as ye knowe right well as fer as y myghte honestly y have called upon almost dailly to have the articulis delyvered, and a communicacion ther uppon yn this mater, as hit is abovesaid; the whiche if hit had be had, w^t the grace of God, hit sholde have breved the mater, and turned to eyse to alle parties, and to my Lordis pleisere. And thus hit appereth hit is noght oure defaute, trustynge to God that oure party advers woll seye the same and they have seyde. And y seye by my trowthe, as y conceve, hyt is not myche theire defaute, that we have spoke and treted there with none of the Chanons at Excetre, ffor they have be and beth right yvell apayed of this longe tarynge and delaye of the articulis, and of myche other thynge, and yn the best wise wylled to entrete and to make an ende, and fyndeth theire exscuse by my Lord Bysshop of Excetre, and by theire counseyll; but, as y conceyve, ther groweth myche thynge out of oo place and oo person specyally, etc.

Ferthermore, y pray yow, what reporte that ever hath be made ayenst us by the Chanons part afore this tyme, for oure blame, that noght withstondynge, that ye reporte the beste and as trewthe is of theyre gode and sad governaunce sithen oure departynge fro London, for theire thanke and worship: ffor, by my trawthe, they and alle theyris by theyre governance have governed ham yn the most best, gentyll, and saddist wise, to all ententis, sithen oure departynge fro London. Ferst, they seynge the streyte rule that

the Mayer sette in the Cite for kepynge of the pees, they confourmed ham to the same, and ruled ham and alle theyris ther after, and so, blessed be God, that all nyght walkynge, yvell longage, visagynge, sholdrynge, and all 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 all groweth of my Lord Chaunceller, as [hit] is well conceyed. God continue hit! For y ther [ther; i.e. dare.] seye hit feith∣fully, yf this rule had be had and kept a fore this tyme, we hadde never be yn this debate; and yf it be contynued, myche hertis eyse; the [strife?] to be at an ende, and never to be yn debate no more, w^t the grace 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^t 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^t this, that my saide Lord Lord [Sic, MS.] Chaunceller be gode and gracious Lorde to oure partie to have resonable dey to make an answere to the articulis, considerynge longe tyme that they have hadde yn makynge of the articulis, fro the xv^e of Seynt Hillary yn to the xv^e of Pasche; and yet they have not nywe made ham, but corrected the olde, that were delyvered to us yn the xv^e of Seynt Mighell, yn the whiche the substance of the nywe articulis ys myche comprehended. And so, as hit appereth, they have 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

so longe tyme a bowte litell thynge, as hit appereth. Theire articulis yn substance is comprehended but yn iij thyngis. Oon is, that they cleymeth to have the Cimitere fre, ceperat fro the Cite of Excetre. [Here the following words are struck out—"the whiche y truste to God wol be answered and determined by evydent writynge."] A nother article [Sic MS.] that they cleymeth to have a fee called Seynt Stephenys Fee, ceperat and distyncte fro the Cite of Excetre, and no parcell of the same, and as they cleyme, and as they seyn, and uttred by Hengeston, of yldre 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 alle these encerches asketh grete laboure longe tyme, as after this, to make oure articulis, we have meny true ayenst oon of theyris. All this asketh longe tyme, and we can noght do, yn to tyme that we have and knowe the certeynte of theyre articulis; bysechynge my saide Lorde Chaunceller to considere all this, and that the articulis that beth derke may be declared and delyvered yn certeyn, and of suche recorde that they be not varied fro; so that if they be lawfully answered, that the parties be stopped, as yn a Courte of recorde, by wey of plee, etc.; and that we have dey resonable to answere and article, so that for shortnys of tyme to answere and to article, that we be not desert, as we truste yn the favour of his gode and gra∣cious Lordship.

Ferthermore, as tochynge the iij^de 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 all thynge is at his commaundement, body, londe, and gode, etc.; trustynge to God and oure Soverayne Lorde the Kynge, of his highnesse and grace, 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,

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 youre mynde.

Indorsed. Letters of Instruction.

XXII. A MEMORANDUM SENT BY 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.

Me^d that apon the breche at Tyverton bitwen Radford and Hengston, of whiche reporte was made to the Mayer, he þen by the speche of the seid Radford, and by labour and spekyng of Syr John Wolston, and other, was ynduced to speke wyth Mayster Harry Webber, and so I dide, beyng presente the seyd Sir John Wolstone and John Coteler; at which tyme ther was right gode and gentle communicacon, and thus accordide, and that by the motiun of Mayster Harry Webber, that John a Copleston and the seid Radford shuld have the mater yn communicacon, and as for oo poynt or tweyn yf such were, that they myght not accorde therof, &c. than the parties to be bounde to byde the reule of the lordis, &c. Of the which mocion the mayer was right wel apayed, and wyth assente of hys felowship fully agreyd hym therto, with all ther hertis, for hit was accordyng to my lord Chaunceler ys comaunde∣ment, &c. Wherapon the seyd John a Copleston and Radford, by two joynte lettris, yn name of the seyd Mayster Herry and the seyde Mayer, were sende fore yn all haste. And so they come and were yn communicacion by two dayes, and desirid the partyes to be

bounde to bide the reule, ordinance, and arbitrement of them. The whiche was aggreed wyth this, that of such thingis as they myght not accorde of to be putte on the lordis as hit aboveseide, &c. They wolden not therof yn no wyse, but seide that thei were discharged and dymyssyd by the lordis, and so at large, and that they wold sue ne have a do ther no 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 have sued for a discharge to be delyvored and departid for the seyd lordis. The seyd Mayer wold noght therof yn no wyse, ne so departe fro the lordis, hit was not his parte to do so wythoute ther special 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 þt time, &c. Sythenys the parties were never callid to gidre, and so this mater ys broke up, the cause not knowed to us yn no wise. This mater write yn hast I praye yow to understonde h^t well, and by þe avyse of Dowryssh to amende þe makynge þerof, if nede be, and þen to write h^t clene, and have h^t yn youre hond when ye speke w^t my Lord Chaunceller as for yowre instruccion. And when ye may take a tyme yn communicacion to delyvere hit to hym, saynge to hym þt þis was sende after yow yn grete hast for youre instruccion yn þis mater.

(Signed) J. S. M. [John Shillingford, Mayor.]

Furþermore þ^t ye be fully remembred to meeve my lord Chaun∣cellor þt no suyte be graunted ayenst us yn no wise, &c.

To William Spere be þis delyvered.

Indorsed. Letters, enstruccions, and other remembrances.

XXIII. WILLIAM SPERE TO SHILLINGFORD. After 19 April, 1448.

Has arrived in London and delivered the Mayor's letter to the Chancellor to Radford, who said he would present it the next day, and would see the Chief Justice. The matter was on in the Common Pleas, and was postponed. Describes the scene at dinner, when the letter was delivered to the Chancellor, and reports fully upon the proceedings in London.

Memo^d that on Saturday the xii^e 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, [16 April, 1448.] 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 all 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 [furst—in place of "furst" there was originally "and comyne with."] [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

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 alle maner resonable entrety, and a entrety hadde, and the gentelnesse and favo^r and proffers that was on the part of the Mayer and comynes, and of all the mater, with the circumstance full and hole, and of the breche, &c. And my Mayster Radford, and my Mayster Dowrissh, can enfo^rme yow better than y, for y was not all thyng so nye ham to hire and knowe alle 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 have 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 with 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 more he wold, bote he prayed the Justises wolde respite hit yn to yo^r comyng, and seid the were comyng and wolde come, as sone as ye myght. And anon ther was grete callyng apon by Moyll, Wode, and other that were of conseill, were [were—(sic) MS.? with.] the Bysship; that not with stondyng, the mater was putte yn respite yn to the morun by alle 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,

and toke a bote and went to Temple, and y with hym. And there he tolde me that he dylivered yo^r letter to my lord, or my lord went to his dyner, seyyng that the Mayer and all the hole Communalte of Excetre recommaunded tham unto his gode and gracious lordship, and [and—(sic) MS.? as.] 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 alle the comynes sholde have Cristis blessyng and his, and bade my Maister Radford 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: "Radford, when we have dyned we shall comyne of this mater, and alle shall be well, with Goddes grace," &c. After dyner my lord called the Recorder 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 enfo^rme yow of alle at his comyng fro Canterbury, for y went yn hast and made Dowrissh to come 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 all y myght not, bot afterwardis my mayster Recorder called me to hym and seid that ye shold wryte un to the kynge of this mater, rehercyng yn yo^r 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 Justises, 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

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 right gladde of his seyyng, and seide that y wolde seye yow so at yo^r comyng, and so y toke my leve of hym, and he went to his soper, and the morun Thursday [18 April, 1448.] 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. Ad forþwit y went to Westinster, and spake with Dowrissh ad 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 ther apon yssuys were yn maner assessed at vij^li as for the two 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 S^r John Wolston came to me and asked why ye were so longe, and y seid the wold be here yn hast, w^t Goddis mercy, and then he seid that he wold fayne that there myghte be a gode ende yn this mater, and y asked by what mene, and he seid by entrety, and no rigo^rste of lawe, and y seide ad 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 alle tymes have byden alle 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 Sergeates 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 is hede onys of

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 tale was not be lyved, for hit wolle be supposed ever of yvell wille and none other. Also he seide un to me that my lord the Bysshop of Excetre hath write unto the kynge of this entrety hadde at home, and how that he obeyed hym yn the most lowly wyse to all entrety resonable, and came and labored yn his awne person to seke the weyes and menys of pees to hym grete un yese, and grete menys offred yn hys part, and yet that not wyth stondyng the entrety broken of, trustyng to God no defaute to be assigned ne founde yn his part, &c. The Friday [19 April, 1448.] 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 all day. Wednesday he came to London. The blame of the breaking off the last great entreaty at home thrown on the City, because they would not agree to give up the power to arrest canons and servants in the churchyard. They came before the Chancellor and two Justices at Lambeth, "after mete." Hengston not being there it was adjourned to the Ex∣chequer Chamber till the morrow.

Worthy sirs, y grete yow well alle, doyng yow to understonde that y was at Wyndesore to London wardis on seynt George is day, and there taried almost all that day, and cowde not hyre ne knowe

there of noo thyng comprehended yn the letter y sende home to yow by William Duke, ne of none other thyng, bot all ther as well as hit was wont to be, and as y suppose with laboure and other thyng that longeth therto, yf men wyll better 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 all yn oure defaute. Thus hit was y seid that accorde was hadde here at home by the seide entrety, that the Bisshop sholde have his fee churche and cimi∣tere parcell of the same, as he claymeth generally, and generall municion yn the churche, we to have right noght to don ne make none arestis withynne his fee, bot yn the cimitere to make arrestis, excepte of the Bysshop and his mayny, chanons, and alle men of habite, and for we wolde noght aggre bot to have power to arreste chanons men servants familiars withynne the cimitere, was only cause of brekyng up of the seide entrety. Y of purpose mette with S^r John Wolston, of wham y suppose growe all this untrue longage, and asked hym, &c. He seid every word, and that the accorde was suche as hit is aboveseide, with more that ther was writyng therof, and by what menys y write, by the hondis of John MOre, yn presence of my lord of Devonshire, atte Blak Freris as Excetre, all redy to shewe; y seide if any suche writyng were knowe and proved by my seide Lorde and the other arbitrous, we moste nedys and with right gode will wolde abide hit, or any other reporte that they wolde make. This same day Wendisday, as sone as y was come 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 moche [moche—? mette.] y suppose: of wham alle and specially of my lord y hadde right gode chere, never better, and right well come yn the best wise. Y spake with my seide lord and the Justises, apart fro my Conseill, a grete whiles. They moved me to knowe of the entrety and departyng at home. Y prayed my lordes

to have my Conseill to seye for me. He graunted hit to me. S^r John Wolston was yn the utter chamber, and wolde come 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 S^r John Wolston hath as hit is aboveseid, excepte of writyng. Y answered and seide y knywe noght therof, nee of noo such accorde, ne cowde make noo reporte, and asked of hym what knowliche he hadde of that he reported. He seide as he herde hit reported. Y asked of wham. He seide the comyn voys of the Cite. Y seide of none bot of soche as were of theire part, and by tham self. Y seid forthermore that y was enformed by S^r John Walston ther beyng present that ther was writyng of that reporte, as hit is aboveseide.

XXVI. SHILLINGFORD TO HIS FELLOWS. (?) 24 May, 1448. [Draft Letter.]

He left Exeter on Wednesday next after Corpus Christi, and reached London on the Saturday following. He describes his interviews with the Chancellor and the two Chief Justices.

Worthy siris, ryght feyne ffrendis and ffelows, y grete yow well alle, 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 with my lord Chaunceller, he beyng yn right grete bysyness; as sone as he sawe me seyde right hertely, "Mayer well come," 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 Escheco for oure mater of Exmouth, and there y spedde spede can and may spede resonabylly well. That day on Westminster halle y mette

with S^r John Wolston, and other of oure [and] theire conseill, of wham alle y hadde gode chere, and as they seide that y was right well come. Afterward y spake w^t the chif Justis S^r John Fortescu, goyng w^t hym homward, and hadde with hym right muche gode longage and wordis of comfort. After this y spake with the chif justice S^r Richard Nuton, thankyng hym of his favo^r the last terme, &c. He, a full gode man, seide he wolde do for me what he myght godely. That day y comyned w^t oure conseill of oure maters, and hadde wordis of gode comfort to spede right well. That day after none y wold have be at Lambeth w^t my lord, bot y came not there because that Wolston was there that day. The morun be byme y came to my lord, and hadde hym at right godd short leyso^r; to wham y recommended you all to hym yn the best maner that y coude, thankyng hym of his gode lordship, &c. praying contynuance at this tyme speically, and to helpe that we myght have 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 þen 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 viij^xx 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, with 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 blame us. Y seide, "My lord, thus we most beare, serve and defende," that not with stondyng that, we woll be all redy at all tyme to obeye the kynges commaundement and his.

XXVII. PETITION 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 petition appears to have been appended to a brief of the evidence produced before the Chan∣cellor and the Justices. No. XXIX. is evidently taken from it.

Please hit your gode and gracious lordshippis to have yn know∣liche that the evidencis wherof short tytelyngs buth made yn the Ar∣ticulis 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 yo^r 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 all 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 procede 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 entrety, the whiche hath ben to the seid Mayer

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 subvercion and anyntysshement of the seid Citee, and dysheretyng of our seyd soveraign lord the Kyng, and the Mayer and Commi∣nalte, of lesse then an ende be like to be made.

Indorsed. A request to the lord Chauncelor for a day.

XXVIII. A MEMORANDUM OF AN ADDRESS TO SIR RICHARD NEWTON at the Assizes, desiring him to decide 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 procede to gode conclusion of the seide mater at home; uppon whiche my lord Chaunceller wrote to S^r Richard Nuton, oon of the ii Chif Justises, desiryng hym to move the parties now at the assises yn bothe sides to the same entent; wherapon the seid Justise, on Sondey that last was, called severally bothe parties be fore hym, and moved ham that the seide mater myght be comyned and entreted by John of Copleston and Nicholas Radeford, and by theym to be broght to gode conclusion and gode ende be twene this and the next terme, whiche entrety and com∣municacion

shold be gynne a Tuysday next comyng; to whiche bothe 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 yo^r gode lordship to take this mater yn your gracious hondis, callyng to yo^r lordship my maysters S^r Philip Courtenay and S^r William Bonevyll, and such rule as hit may please yo^r gode lord∣ship to appoynte yn the seid mater, the seide Mayer and Com∣minalte will abide yo^r commaundement yn all maner wyse. Please youre gode lordship also to calle be fore yow the seide John of Copleston and Nicholas Radeford, as for the declaracion of the titulis and claymes of bothe parties.

Indorsed. A mocyon that the controverse might be compro∣myssed to S^r Philyp Courtenay and S^r W^m Bonvyle.

XXIX.

PETITION OF THE MAYOR AND CITIZENS TO THE EARL OF DEVONSHIRE, SIR PHILIP COURTENAY, AND SIR WILLIAM BONEVYLL, praying them to make an end of the matter which had been "yn debate by tyme of iiij yere, of the whiche tyme almost ij yere yn entrety." [It occurs at the end of a fragment which appears to have been a statement of the documentary evidence adduced before the arbitrators.]

Please hit youre gode lordeship my lorde of Devonsshire, and yow oure to Maysters S^r Philip Courtenay and S^r William Bonevyll, and and also yow oure two other Maysters S^r John Copleston and Nicholas Radeford, to have yn knawliche that alle 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

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 alle so to procede and make an ende as lawe, right, reson and conscience requyreth. And yf the right by evidences 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 premisses. And that this mater hath honged yn debate by tyme of iiij yere, of the whiche tyme almost ij yere yn entrety, the whiche hath bene to the seid Maier and Comminalte right grete laboure, troble, vexacion, coste, loste, and other right grete hurte and hyndryng, and moche more like to falle, aswell 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. [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