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

XXX. THE MAYOR'S ARTICLES OF COMPLAINT AGAINST THE BISHOP, DEAN, AND CHAPTER.

Thees ben the articulis of the right grete injuries and wronges done by the Bishop Dean and Chapitre yn severall and comyn of the Cathedrall Churche of Seynt Peter of Excetre theire minesters officers servantis and tenaunty done to the Maier Bailliffs and Com∣munalte of the same Cite by protestacion to resorte to theire name of corporacion accordant to theire title of prescripcion grauntis of the Kyng and his proginato^rs to syne and to be syned. [The text of these articles is taken from fragments of two drafts, Rolls I. and II., here distinguished as A and B for the purpose of collation. The title is from B.]

ARTICLE I.

Furst. The saide Maier Baillifs and Communalte seyn that the saide Cite of Exceter of right olde tyme y called Penholtkeyre the most or one of the most auncion cite of this londe of whas begynnyng no man can fynde ne rede, the whiche cite afore the enc[arnation of Christ] [B adds—and by longe tyme sithenys.] was a cite walled and suburb to the same [B omits—walled and suburb to the same.] of most

reputa∣cion [B omits—reputacion.] worship defence and defencible of all th[ese parties and yet is yn tyme of nede] and moste ^bfavoure and socoure to alle the Kynges puple of the londe specially yn tyme of werre repairying thereto. [B has in place of "favoure to thereto"—strengthe favour supportacion and socour to the Kyng and to all his puple yn tyme of necessite.] [The whiche] cite sone apon the passion of Crist was by Vaspasian biseged by tyme of viij deys; the whiche opteynyd not the effecte of his sege ^cand so wende forth to Burdeaux and fro Burdeaux to Rome and fro Rome to Jerusalem and there he [and to be—The whiche afterward. B.] w^t Titus byseged Jerusalem and opteyned [and to beyng, p. . B has—and so the saide Cite of Excetre stode as a Citie hole of most worship prosperite defence and defensable of all that party of the londe as is abovesaide, yn to tyme that there was a Monastere or abbey of Black Monkys of the order of Seynt Benet, there the saide Cathedrall Churche Cimitere and paleys is now. And so yn theire tyme contynued yn like prosperite by longe tymes yeres and days un to tyme of Seynt Edward the whiche voided the saide Monckys and chonged the saide Monastere yn to the Cathedrall Churche that now is and possession of the Bisshop Dean and Chapitre and theire pre∣decessors. Afore whiche chonge and atte tyme of the chonge and even continuall sithen the Monastere Cathedrail cite and paleys and churcheyerde to the same churche beliyng as well when the Cite was yn the hondis of the progenito^rs of the Kyng oure soverayn lorde as sithen were in parcell yn and of the same cite; w^t ynne whiche Monastere Cathedrall cite paleys and churcheyurd as well the progenito^rs of the Kyng forsaid as the Maier and Citeseyns of the same cite sythen they have had hit to fe ferme, have ben seised of all maner jurisdiccion of alle maner plees reall and personellies of tyme that no mynde renneth, surdans moved comyng and fallyng w^t ynne the same as parcel of their fe ferme forsaid.] and solde xxx jywys for a peny as hit appereth by Croniclis: and alwey the saide Cite of Excetre hole and undevided yn worship as hit is abovesaide yn to tyme of the comyng thider of the Bisshop and Chanons. Afore whas comyng there that now is a Cathedrall Churche and a paleis was a Monastere and a cite of blak monekys of the order of Seynt Benet y-founded by Kyng Athelston. The whiche monastere and cite, now Cathedrall Churche cimitere and paleys, is and alwey hath be yn and of and parcell of the saide cite and under the jurisdiction and power of the same. The whiche cite with suburbis of the same is auncion demene and at alle tymes as well a fore the conquest as

sithen hath be the Kyngis cite longyng to his crowne a fore eny Monastere or Cathedrall Churche as hit is aboveseide ther had. The whiche cite w^t suburbes of the same the saide Maier Baillifs and citeseyns and theire predecessours have had and holde yn fe ferme of the Kyng our soverayn lorde and his noble progenitours kynges of this roialme by tyme above saide; to whiche longeth view of frank plegge with alle articulis franchises libertees jurisdiccions and alle other proffitis commoditees and emolymentis as to any view of frank pleigge belongyng.

And they seyn that the citeseyns and their predecessours citeseyns of the same afterward the same cite toke to holde to fe ferme, and beffore the saide Kyngis of Engelonde and or the same cite to theym so come, were seised of suche a view yn the same cite to be holde and of ij coroners of them self yn and of the same cite w^t many and other divers custumys libertees jurisdiccions ymmynnetees and fran∣chises as well as sithen by ceverall letters patentz of divers progeni∣tours of oure soverayn lorde the Kyng and by hym by his letters patentz graunted ratefied and confermed, and have had used and enjoyed jurisdiccions libertees franchises correccions attachiamentis arestis and determinacions of alle offencis dettis trespasses deceytis detennys covenantis deliverancis contractis and alle other maters and accions, and for alle affrayes and assautis done or made ayenst the Kynges pees, and for alle thyng done bytwene party and party tochyng plee reall personell or mixte, surdans had moved comyng [oomying-MS. A.] fallyng or growen w^t ynne the same cite and suburb of the same to be empleded and determyned yn the Kynges courte of the Gildehall after the custum of the same cite affore the Maier and Baillifs of the same cite for the tyme beyng [See ante, long note.] un to now late that the saide Bysshop Dean and Chapitre by coloure of certeyn letters patentz of the Kyng to tham severally graunted of jurisdiccion power and auctorite of suche plees as ben above reherced, have lette disturbled and with drawen the saide Maier Baillifs and Communalte of theire juris∣diccion

above reherced. And yn especiall that there as where oon Hugh Lucays tenant of the saide Bysshop [Bysshop] A breaks off here "made affray, &c." The text is supplied from B.] , the most or one of the most mysgoverned man of all the cite of Excetre or of all the shire afterward, the whiche hath be cause of ij pollucions of the Cathedrall Churche and Cimitere of the Cite of Excetre, made affray aponn oon Richard Wode yn the Kyngis high strete atte Gyldehall dore of the saide Cite of Excetre; apon the wheche affray oon John Glasyer a sergeant of the Cite of Excetre arested the saide Hughe, and he brake the arest and wende his way, and the saide John and oon William Wynslo another sergeant of the same cite ther sywed hym as theire prisoner yn to the saide cimitere and so yn to the saide Cathedrall Churche and seisid hym there. But as sone as ever the sergeantis were with ynne the churche dore alle the doris there were shitte sodenly, as hit were done of purpos and for a trayne, not∣withstondyng that Richard Druell and Thomas Sampson ij stiwardis of the Cite of Excetre folwed fresshely with ynne the space of xvj. fote to kepe the pees and myght not entre yn at that dore ne none other dore but at one dore: and so they entred yn, and when they so come yn there they founde the saide sergeantis at grete myschif and theire prisoner violently with strong honde take away fro ham, and apon tham by commaundement of the saide Dean and Chapitre . . . . S^r John Jon with a dore barre and S^r Lewis Walsshe∣man John Panton and meny other minesters of the saide churche to thaym unknowed wyth swerdis custellis long knyvis and yryssh skenes drawyn yn theire hondis to have sleyn the saide sergeantis and wold so have sleyn ham ne hadde y be as God yeaf grace the saide stiwardis with other came yn to kepe the pees. And when they come yn they smote to the saide Richard Druell with a custell apon the Kyngis mace as hit is sygne yet, so that alle bothe stiwardis and sergeantis stode yn despayre of theire lyvys and unneth scaped out of the churche with theire lyvys: by cause of the whiche the execucion of the Kyngis lawe and the violence done to theire officers

yet remayneth unpunysshed to theire grete hurte hyndryng and damagis.

ARTICLE II. [This article is written in another hand. It occurs in A.]

Item the sayde Mayor and Comminalte sayen that there as where the tenantis and inhabitans of the sayde Bysschop w^t ynne the sayde cyte and subarbes of the same ben cessable and charcheabel, have been cessyd and charched and of righte awghte to be and 3yt ben w^t the citezayns and inhabitans of the same cite, and hath ben used levy þerof to be mad by the Mayer and suche as he hath assigned and deputid þerto, in alle maner demys, cite∣zaynes spendyng, and the ffe ferme yf nede be, and al other taxa∣cions taliages and charges as well to the Kyng owre soverayne lord graunted, and so hath be in the tymes of his noble pro∣genitores as of al other contribucions and charges w^tynne the sayde Cite and as parcel of the same. And now the latist special acessyng and payement of alfe a deme wyche was acessyd and payed in maner and forme as by long tyme favoraboly hath be done; bote the forsayde Mayer and Comenalte most grevously complayn^t of to tymes nexst there by fore of cessyng and paying of demys, one yn the tyme of John Coteler beyng Mayer and another tyme William Upton beyng Mayer; ate wyche bothe tymes the tenantes of the sayde Bysschop w^t others were warned to come to the Gyld∣halle, as by long tyme hath bene done, to acessyng of the sayde demys. And as touching the sayd Bysschoppis tenantes they come nought, ne no wyse wolde come to a cesse ne paye w^t the sayde Cyte ate the to tymes above sayde bote by ^bthe Mynesters of the saide Bisshop and M^r Henry Webber specially [the to specially] originally "one Maister Harry Webber wrongfully."] of mere malice and evele wyl and by commaundement of the sayde Bysschop mana∣cyng the sayde tenantes as wel as yn other chargis yf they dede the contrary [to] put ham out of theyre tenures. And so they derste nought come sette ne paye as thei have be woned to done. More

over the Mayer and Citezaynes sayen that by commaundement of the sayde Bysschop and special rewel of the sayde Maister Harry accessyng and levy was mad amonge the sayde Bysschoppis tenantes of ij demys as a Cyte other a Burgh by hym selve. And so was hit never consyderyng that demys beth y graunted b . . . . . . . . . and the money so acessyd and made levy kepte. and 3yt kep^t . . . . [Torn away.]

[This copy breaks off here. Other drafts of the Articles exist in Rolls VIII. and IX., the text of which differs from the foregoing to so great an extent that it has been thought best to print them [No. XXXI.]