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

PART II. The Articles of Complaint, Answers, Replications, and Rejoinders, between the Bishop, Dean and Chapter, and the Mayor, Bailiffs, and Commonalty of the City of Exeter.

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.]

XXXI. THE MAYOR'S ARTICLES OF COMPLAINT AGAINST THE BISHOP, DEAN, AND CHAPTER. [The text of these articles is taken from two draft copies, neither of which is quite com∣plete. The articles seem to have been revised again, as the text of the first, second, and fifth articles found in No. XXX. differs very greatly from that here given, and the Bishop's answer evidently refers to the former text. It is to be regretted that no complete copy of these articles as finally corrected can be found.] [Draft.]

ARTICLE I.

For the furst article of theire grevous compleyntis the saide Maier and Cominalte seyn that there as where the tenantis and inhabitants of the saide Bysshop with ynne the sayde Cite and suburb of the same ben cessable and chargable, have be cessed and charged, and of right oughte to be and yet ben w^t the citeseyns and inhabitantis of the same cite, and hath ben used levy therof to be made by the Mayer and such as he hath assigned and deputed therto yn alle maner dymes citeseyn spendyng and the fe ferme yf nede be, and alle other taxacions talliages and chargis as well to the

kyng oure soverayn lorde graunted and so hath be yn the tymes of his noble progenitours as of alle other contribucions and chargis w^t yn the saide cite and as parcell of the same. And nowe the laste specially assessying and payment of half a dyme, whiche was assessed and payd yn maner and fourme as by long tyme favorabilly hath be done: but the forsayde Mayer and Comminalte moste grevously compleyne of ij tymes next there be fore of cessyng and paynge of dymes, one yn the tyme of John Coteler beynge Mayer and another tyme William Upton beynge Mayer; at whiche both tymes the tenantis of the seide Bisshop w^t other were warned to come to the Gildehalle, as by longe tyme hath be done, to assessynge of the sayde dymes. And as tochyng the sayd Bysshoppys tenantis they come noght, ne no wyse wolde come to assesse ne paye with the sayde cite atte the ij tymes aboveseid, but by one M^r Henry Webber wrongefully of mere malice and yvell wyll and by com∣maundement of the saide Bisshop manassynge the sayde tenantys as well as yn other charges yf they deede the contrary [to] putte ham oute of theire tenuris, and so they durste not come sette ne paye as they hade be woned to done.

ARTICLE II.

More over the sayde Mayer and Citeseyns seyn that by com∣maundement of the sayde Bysshop and speciall rule of the sayde Master Harry, assessyng and levy was made amonge the sayde Bysshoppis tenantis of ij dymes as a cite or a burgh by hym self, and so was hit never, consideryng that dymes beth graunted but of citees and burghis, and the money so assessed and made levy kepte and yet kepeth to the use of the said Bishop to grete hyndryng and anyntysement of the same cite, upon the whiche the sayde Mayer and Citeseyns made sute to the sayde Byshoppis counseill and most specially to the sayd Maister Harry yn the moste gode and yesly wyse that they cowde, praying hym of his gode frendship [and maystership] erased.]

to helpe to refourme this wronge abovesayde. The sayde Mayster Harry right shortely weywardly and angerly answered seyyng that the sayde Mayer and Citeseyns shold right noght have a do w^t the sayde Bysshoppis tenantis w^t yn the cite and suburb of the same, ne the sayde tenantis w^t the sayde Mayer and Citeseyns, but only be ceparat and distyncte awey fro the sayde cite, seyyng furthermore that we sholde have nywe tidynges yn shorte tyme, menyng as we conceyved sithen a nywe [unlawfull—erased▪] charter that the sayde Bysshop hath purchased sithenys. Nertheles by speciall prayer of the saide Mayer and Citeseyns menyng for the beste hit was prayed and graunte for a trayne that these maters sholde be put upon the sayde Bysshoppys counseyll and the counseyll of the saide cite, and so hit honged yn trety by longe tyme; under which entrety the nywe forsayde charter was purchased to grete hurte and hyndryng to the sayde Mayer and Citeseyns; we praying [From here the text comes from No. IX. which commences abruptly. It is a fair copy of VIII. but has also many additions and erasures.] you oure lorde Chaun∣celler most specially and you oure [two other—erased.] lordis to considre alle the wronges comprehended yn thys article, consyderyng that the seide wronge of nonpayement of the seide dymes ys alle the grounde cause and begynnyng of all the grete debate that hongeth now by twene the seide Bysshop Dean and Chapyter and the seide Mayer and Cyteseyns; [of whiche debate the seide Mayer and Cyteseyns yn the most sory wyse theym repentyth—erased.] for by fore the tyme of begynnyng sturyng and movyng of the said Bysshoppes officers and specially of the seide Meystre Harry of thees forseide maters, he was the most goode and blessyd Lorde and Bysshopp best wylled and set and most good doo and lyke to have done that ever we had there, and so we trust to Godde with youre goode lordshippes woll [woll—first written "shall."] be yet.

ARTICLE III.

Item the seyde Meyer Baillifs and Comminalte compleyne ham and seyn that where they and theyer [predecessoures] be seasyd of tyme that no mynde ys of a leete as hyt ys above seide, one John Barton felon that feloniously hadde robbyd the churche of Morchard [Morchard—first written "Stoklegh Pomeray." In VIII. it was first written "Churton Fitz Payn," and altered to "Stoklegh Pomeray."] of a chalys and other goodes to the valew of xx li. and a hors at Evyll yn S . . . . . atte pris of v. marke, the whiche goodes and catell the seide John brought yn to a tenement of the seide Bysshop yn Exceter where the seide Meyer by hys offycers wolde have arestyd the seyde John and seised the said godes but they were let by one John Toylerd and other of the seide Bysshoppys offycers and by hys commaundement as hit is supposed; wher upon the seide John Berton by the said John Tylard and officers was conveyed away and toke the Cathedrall Churche of Seynt Peter of Excetre, whiche churche ys and ever hath be with ynne the lybertees ffranchees jurisdiccions and power of the seide cyte; whither the coroners of the seide cyte come to take ^dthe knowleche of the said John Berton ys felonyes abovesaid [the to abovesaid—originally "the seide John Berton ys confession."] as ever hath be usyd to done there as well as of abjuracions and to corowne prisoners ded yn the Bysshop ys prisonn. And when the seide coroners cam to take the confessyon above seide they were let by strenthe of one S^r John John and Pyers Carter and many other mynesters and clerkes of the seide churche by commaundement of the seide Bysshop Dean and Chapiter so that they myght nought doo theyre offyce there atte that tyme. And so the seide John Berton by them was brought yn to a hous y callyd the Bakehous and so con∣veyhid and brought hym oute of towne. Also wher the saide coroners diverse tymes cam to the Bysshop ys palyce to have coroned diverse prisoners beyng ther yn the seide Bishop ys prison ded and yn especiall one William Wey; atte whiche tymes by one

Wauter Herte and other as servauntez of the seyde Byshopp and by hys commaundement they were let to do theyre offyce there, and the seide prisoners so ded buryed uncoroned. And as touchyng the seide goodes and cattall wayff y-left yn the seid Bysshopp ys tenement, ther was kept with stronge hande by the seide John Toylerd and other of the seide Bysshopp ys offycers and so wrong∣fully to the use of the saide Bysshop as hit is supposed [originally "to theyre own use."] kepyth hyt to grete hurte and hynderyng of oure soveraigne lorde the Kyng and the seide Meyer and Comminalte.

ARTICLE IV.

Item the seide Meyer Baillifs and Comminalte compleyne ham that wher by the graunte of Kyng Edward the ferst one of the progenitours of oure soveraigne lorde the Kyng that now ys and by graunte of the seide Meyer and cytiseyns of the seide cyte of Exceter the seide Bysshop Dean and Chapiter that tyme beyng hadde lycence to enclose the cimitary ther as hit more pleynly apperyth yn a com∣posicion ther of made. Afore whiche grauntez the Meyer and Cyteseyns hadde and yet ought to have a strete y-called Fyssh strete whiche lyyth with ynne that they calle the prosyncte of the cloos of Seynt Peter of Exceter and with oute the seide cimitery; yn whiche strete of tyme that no mynde ys the ffysh market of the seide Meyer and Comminalte was woned to be holde [ynne—erased.] ; the whiche strete streccheth fro a yeate callyd Seynt Martyn ys yeate dyrectly un to the towne walles to a grete defensable towre ther; yn the whiche strete the said Maire and cyteseyns by the seide Dean and Chapiter buth let to holde theire marketes now as we have be woned to doo; yn whiche way, as well as yn other places with ynne the seide cloos and cimitery, they have made diverse purprestours as steyrez and gardyns and yncroched londe contrary to the composycyon above seide; and yn especiall the ende of the seide Fyssh strete encroched all the hole wey thurt over for a court place to the mancion of the Archideacon

of Cornewaill as hyt apperyth openly; so that the seide Meyer and cyteseyns may nought have theyre way as theym ought to have to the towne wallys and y^e Towre forseide. And also yn the cyte they have made a purpresture yn the Hye strete of the seide Cyte v. stalys of lx. fote long and more and iij. feete yn brede ["and a pentyse of the same leynthe"] erased.] yn the for part of a new tenement [The "New Inn," now occupied by Messrs. Green and Co. drapers, &c.] above Seynt Stephyn ys churche of Exceter wher was never no stale but a stony walle of the leynthe above seide. And another purpresture made by the commaundement of the seide Bysshop as hit is supposed yn Bolehil strete yn a place y-called the Bysshop ys rent yn the fore part of whiche rent ys a long stony wall of cc. fote of lenketh and moche more, yn the whiche walle buth diverse shoppez wyndowes of olde tyme hadde, the leves ther of goyng ynward, and none other ne never were, yn to now late the seide Bysshop hath set oute of purpos a grete bulk stale, a purpresture. The whiche purpresture with all purprestures above seide [and a tree callyd an elme by one Andrew Chalvedon by commaundement of the seide Bysshopp late ys pollyd pared and kut alle stondyng.] standen and been set upon the grounde of the seide Meyer and citezeins without lycence of theym asked or ^dhadde to the hurte and disheritson of the seide Meyer and Cyteseyns abovesaid. [hadde to abovesaid] this was originally: "And also the seyde Bysshop hath en∣croached yn dyverse places of soche ffee as he claymeth when hyt never so was as one place sum tyme called Somer ys place now Wynard ys place longgyng to hys almeshous whiche place parcell ther of ys tenement of the seide Bysshop and parcell nought. Thys and alle wrongez above seide ys yn disherytyng and grevous damage of the seide Mayer and cyteseyns and comminalte."]

ARTICLE V. [

Text from VIII. and IX. Another version of this article occurs on Roll II. It is as follows:—

And also there the Mayer and the Comminalte of the saide Cite and alle other comyng to the sayd churche haven had and been seised of a wey yn to the sayd Cathedrall by and at a dore of the south party of the cloyster of the saide Cathedrall for goyng walkyng honest communicacion and prayers by all the cloyster for said yn to the saide Cathedrall by ij. dorys, that is to seye, that oon yn the West and South party of the saide Cathedrall, that other sette next yn the South ayenst a tumbe y-called the Erlis tumbe of Devonshire, at alle tymes when the dorys of the saide Cathedrall bene open; there the saide Deane and Chapitre the dorys of the saide cloyster have stopped and closed contrary to the Kynges lawe and the use afore tyme had and ayenst all gode policy.

]

Item the seyde Meyer and Comminalte compleynyth that wher the Dean and Chapiter of the Cathedrall Churche of Seynt Peter

of Exceter have a cloyster joynaunt to the seide Cathedrall Churche with ynne the square of whiche cloister ys a voide place y-called "the Praiell," yn the whiche ys comyn sepulture whenne the cymytere standith pollute; thrugh whiche cloyster was a comyn waye for the sayd Maier and Comminalte yn to the said Cathedrall Chirche and the said cloyster a place of praier and devocyon to praie for alle the sawlys was bonys lieth yn the said cloister and prayell atte tyme of dyvyne servyce doyng in the saide cathedrall churche; but now right late the saide Deane and Chapitere the dorys of the saide cloister have stoppid and closid contrarie to the gode usagis of all holy churche, the kynges lawe and the use afore tyme hadde and ayenst al good pollecye.

ARTICLE VI. [Text from VIII. and IX.]

Also the said Maier and Comminalte compleyneth where late was sette yn the cymytere of the Cathedrall Churche of Seynt Peter of Excetre a grete drie fryth almoste evyn junant to the bak side of the costlewe billyng [In VIII. "of the most costlew and stately billying of the Cite."] and yn the cheiff place of the citee of Excetre therto enclose and enclosed a gret parcell of tymber, the whiche fright [fright] vrith. VIII.] atte the stroke of ix. atte clocke yn the shortestez [shortestez] shortist. VIII.] tyme of eere yn the nyght, alle the close yeatis beyng faste y shet, as hit aught to be by a composicion ij. owris before, by on of the mynysteris of the said Cathedrall Churche was sette afire, and began to brenne, and yf hit hadde had his course lyke to have sette a fyre

and brende the cheif and grete parte of the citee. And yet hit was said by the said mynyster and other minystres of the said Cathedrall Churche to noyse and disslaundre the said citee that hit was sette afire by men of the same citee to brenne the said Cathedrall Churche. And hit provith noght so by shutyng of the sayd cloys yeatis. And by that that the said Cathedrall Churche stant a buc shote fro and more.

ARTICLE VII. [Text from VIII. and IX.]

Also the said Maier and Comminalte compleyneth that where the said Bysshop ys seysed of a gardyn lyyng to his paleys and the said Dean and Chapitere of iij. other gardynes, of the whiche said iij. gardynes of the said Dean and Chapitere on lyeth to the mancyon of the Archdekne of Cornewayle and a nother lyeth to the mancyon of the Chaunceler of Excetre and the thirdde lyeth to [the] mansion of the Archedeacon of Excetre; the whiche iiij gardynes lyeth fro a lane y-called the Freren lane junant a long by the Towne Wallys almoste to the Sowthe gate of the same citee. Atte two endys of whiche gardynes and by twyne every gardyn so ayunant apon the Towne Wallys ys a walle thurte and buttyng a yenst the Towne Walle and a posterne yeate therynne, the [whiche] wallys and posternys by the Maier and Comminalte by force of a composicion and as the composicion woll, have be made and ofte tymes repaired and amended, and ij lokkys and keies yn and to every yeate, one [one] oo. VIII.] kaye of every yeate remaynyng to the said Maier and Comminalte and a nother to the Bysshop and so to every of the personys ecclesiasticeris forsaid to this entent that the said yeate sholde noght be sette opyn but atte the Maier ys will ouns yn a eere a yenste the comyng of the Maier to over se yf eny nede be to repaire the towne wallys. And yf eny nede be to repaire, to stande opyn duryng the tyme of repeiryng as yn the said composicion more openly and pleynly aperith. With owte the procyncte of the said Bisshop ys garden and yn the said wall

there ys the moste costelew defence and moste stately [IX. breaks off here. The rest of the text of this article is taken from VIII.] towre of alle the City, of the saide Maier and Comminalte well heled with led and housed for a right gode mansion to be ther yn. The whiche towre late was repayred to the coste of the saide Mayer and Comminalte of xx li. and more and right a stronge dore w^t lokke and keye made therto and fast y shitte to this entent ther to bryng yn stuf for the werre and defence of the cite and other thyng more of the saide cite ther to be kept stronge saf and sure. The which dore of the towre w^t the other v. postern doris, the whiche v. dorys buth com∣prehended yn the saide composicion, ofte tymes have be repayred and amended to the grete coste of the seyde Mayer and Comminalte, and as ofte as ever they have be repaired ever anon they have be right spytefully broke up by the Bisshop and Dean and Chapitre aforesaid, and the dore of the said towre at all tyme and yet is so stondynge open and fakettes hors and dong and myche other un∣godely thyng by commaundement of the said Bisshop broghte theryn; bycause of þe whiche þe said towre is likely to be destroyed and fall a down to grete hyndryng of the said cite yn repaire yf hit falle of ml̄ l̄i. and the said v. postern doris so broke up, oo suche lok and keye as they woll is sette yn every dore to theire pleisaunce disporte and yese to go yn and oute when ever they will contrary to the saide composicion. By the whiche yeatis full ungodely cariage as suspecious men and wymmen have be ladde yn and oute, [atte Freren lane and so yn to the Cite] erased.] and divers men that sholde have be arest conveyed awey by that wey [S^r John of Dynham specially and meny others] erased.] to right grete hurte hyndryng harmys and damage to the saide Cite.

ARTICLE VIII. [The text is from VIII.]

Item the Mayer and Comminalte compleyneth as tochyng the Freren lane abovesaide, the whiche is a longe lane lyyng a longe

by and yn the bakside joynant to divers mansions of divers chanons of the clos longyng to the said Dean and Chapitre; the whiche lane is ceverall grounde of the saide Mayer and Comminalte and parcell of theire fe ferme and wey to the towne wallis for the repair of tham; yn to whiche lane oghte no dore ne yeate open be w^t oute licence of the Maier and Comminalte; the said Dean and Chapitre in the wallis of the saide mansions yn to the saide lane have made divers doris w^t owte licence of the said Maier and Comminalte, by the whiche doris by the said Chanons dwellyng yn the said mansions by commaundement of þ^e said Dean and Chapitre is caryed oute so moche erthe robill and donge and other fylthis of theire places that the sayde wey ys dytte, that no man ther yn may well ride ne go ne lede cariage to the wallis, to grete hurte and hyndryng to the saide Mayer and Comminalte: and also yn the saide lane was a grete comyn gutto^r lyyng deepe underneth a long thurgh the lane almost to the lane ende and then turned thurte westward thurghe the mansion of the Archidiacon of Cornewaill to theire grete comyn gutto^r liyng yn þ^e saide Fissh strete havyng issu thurghe the towne wallis; the whiche gutto^r lyyng thurgh the saide lane ordeyned for to defende [of] erased.] reyne water and other of Strike stret and of many other divers placis and mansions grete part of the saide cite; the whiche gutto^r goyng thurgh the Archidiacon of Cornewayll is mansion as hit is abovesaide first by one Maister John Gorewyll Maister John Waryn M^r William Filham S^r Richard Kelyer and other som tyme chanons of þ^e said churche there dwellyng by commaundement of the Dean and Chapitre the saide gutto^r hath be broke and for ditte and the stonys therof by tham take and bore away so that the reyne water and other of Strike strete and other places abovesaid may noo have his course as hit hath be wont to have to grete hurte and noy∣saunce etc.

ARTICLE IX.

Also atte fore ende of the said Freron lane open yn to Strike strete ys a brode yeate for all maner cariage yn to the

towne wallis, the whiche yeate is the yeate of the Maier and Com∣minalte and by tham at theire grete coste y-made; of whiche yeate sholde no man have no keye ne interesse but the saide Mayer and Comminalte and suche as they wolde yeve licence therto. The which yeate by the saide chanons havyng doris [Mr. William Bronnyng, Mr. John Rowe, and other Chanons havyng yeates] erased.] yn to that lane as hit is above sayde and their servantes that beth nyghte walkers riato^rs and brekers of the pes, by commaundement of þ^e Dean and Chapitre hath be brok up and suche lok and keye as tham luste to have made therto atte theire pleiser. Atte whiche yeate bothe be nyghte and by daye, and by nyghte most specially, full ungodely cariage is caried yn and oute as suspecious men and wymmen mennys wyvis and servantes specially; who to whom and where hit sholde be write yf honeste were. Atte whiche yeate also ofte tyme hath be grete affrayes and debate and like to have be manslaghter, and divers nyghte walkers and riato^rs comying out at that yeate yn to the cite and ther have made meny affrayes assautes and other riatous mysgovernaunce ayenst the pees and y broke oute over the towne wallis, and myche more myschif like to falle by that yeate w^t oute better remedy had as well as at the brode yeate of the clos of Seynt Peter of Exceter whiche oghte to be shitte ["wiket and alle atte cessyng of curfu," erased MS.] and alle þ^e yeates alle þ^e nyght as hit appereth by composicion therof made; wher now ys by þ^e said clos myche nyght wacchyng and other riatous mysgovern∣ance, the wiket of the same yeate stondyng open almost alle the nyght and a taverne that is called Bevys [Bevys] also "Bearefitz."] is taverne evyn joynyng to w^t ynne the hous of the yeate; out of whiche wyket yn to whiche taverne comyth the grete part of alle the riato^rs of the clos priestes and other as S^r Robert Bokynham S^r Richard Martyn S^r Lewys Walssheman John Panton and other, and suche noyse affrayes and debates by tham there made that one William Upton late Maier of the saide Cite and other neghebo^rs dwellyng aboute beth foule accombred therof and y-lette of theire nyghte reste, compleynyng

to the Mayer therof seyyng that ther is like to falle myche more myschif there and that they wolle avoyde theire dwellyng placis there w^t oute better remedy had: and all this riottes governance and moche of the other mysgovernance abovesaid is upon boldenysse off the said nywe charter purchased and abstynance of arestes above∣said.

ARTICLE X.

Also the saide Maier and Comminalte compleyneth that the saide Bisshop by his officers drawyth yn to his courtys as well his Court Cristian as . . . . . . Court Baron yn Exceter divers accions and maters that longeth not to be determined there but before þ^e said Maier and Bailliffs, and yn especiall yn his Court Baron plees of the Crowne and other plees and maters that longeth to a lete ^awhere he hath no suche power ne jurisdiccion and the amercia∣mentes issuys and proffits therof comyng taketh to his awne use yn disherityng etc. [Where to etc.—originally "of the whiche he hath no power to determine suche plees there for he hath no late ne never hadde þer but only longyth to the Cyte that have a late and ever have hadde as hit is abovesaide," afterwards altered to "whereof he hath no power for he hath no lete ne never had ne no thyng that longeth therto but the saide Maier and Bailliffs only" and then stated as in the text.]

ARTICLE XI.

Also the saide Mayer Baillifs and Comminalte compleyneth where that they and theire predecessours have had assize of bred and of ale and correccion therof and of all other maner vitaill as parcell of theire view yn þ^e saide cite and suburb to sette pris, forfete, dampne and excute as the lawe will, the saide Maier and Bailliffs have used at alle tymes when they wolde to go aboute the cite to make serche of mysgovernance of vitaill and specially of bred and of ale and of wyne, yn the whiche they have founde ofte tymes grete defautes, and specially yn wyn, as well yn the Bisshoppis paleys, wyn by his

officers ofte tymes being ther y put to sale yn retaill y-solde durer than hit aughte to be solde and ayenst the ordinance of the saide Cite and the Kynges cry by the Maier therof made, and so yn S^r John Morton is hous, chanon of the saide churche, and other divers chanons there and tenantes of the saide Bisshop yn the saide Cite, [originally "as S^r John Morton and other and among the Bysshoppis tenantes yn the saide Cite at hygher pris than hit oughte to be solde and contrary to the ordinance and cry."] the whiche wyne so solde ayenst the ordinance and cry abovesaid have be forfetable to the saide Maier and Comminalte. [originally "to the Cite as parcell of their fee ferme."] By the whiche wyne so solde the saide Maier and Comminalte loste theire custumes one at theire port of Exemouth iiij d. of every pipe parcell of theire fe ferme that is there y-boghte to be solde ayen yn grete or retaill, another is custum of the saide Cite called wyne gavell of every pipe solde yn retaill xij d. And also ofte tymes hath be founde corrupte wyn not hole for mannys body dampn∣abill and sholde have be dampned and by way of execucion caste yn the canell; the whiche execusion the tenantis of the saide Bisshop dwellyng with yn the saide saide cite and suburb of the same by com∣maundement of the saide Bisshop have lette and disturbed the saide Maier and Baillifs so that they myght do none execucion. The whiche corrupte wyn hath be carried to Topsham and there y-shipped and so lad to Burdeaux ther to be put and melled among nywe wyn as hit shall be well proved yf nede be. And also they have lette to prove to trie and weye sale bred made by the said tenantis of þ^e said Bisshop accordant to the statute therof made, by force of whiche the saide corrupte wyn hath not be put yn execucion as hit aughte to be and the sillers of the saide wyn bakers bruers and other mys∣governers abovesaid beth unpunyshed yn disherityng etc.

XXXII. DRAFT OF ARTICLE IX. OF THE MAYOR'S ARTICLES OF COMPLAINT. [The text of this article is from Roll No. IX. It is struck through with the pen, and was not inserted in the articles delivered to the Chancellor, as no notice of it or the subject of it is to be found in the Bishop's answers.]

Item the seide Meyer and Comminalte compleyne hem and seyn that wher they and theyre predecessours cyteseyns of the same cyte of tyme that no mynde renneth have hadde and by lawe ought to have as parcell of theyre ffee ferme all maner tolne of all maner marchaundyse opentyd and layed to sylle yn every place of the Cyte and suburbez ther of as well with ynne the saide Cathedrall Churche and Cimitery as yn any other place of the seide Cyte, yn the whiche churche and cimitery diverse marchauntez that bryngeth theyre marchaundyses to towne to sylle yn tymes of feyrez have be ever woned and usyd specially when that grete multitude of peple and muche marchaundyse comyth to the Cyte, to ley opene bye and sylle diverse marchaundisez yn the seide churche and cimitery and speciall yn the kyngges hye way ther as atte Welles Salysbury and other places moo, as disshes bollys and other thyngges lyke and yn the seyde churche ornamentes for the same and other juellys convenyant therto; of the whiche marchaundysez the Dean and Chapiter forseide began to take and toke diverse tolne of diverse men, one Richard Setter juler, and John Torner of Tyverton and other. Wher apon the seide Meyer and Comminalte grevously compleyned them atte that tyme and so hyt was put yn dayyng and apon arbitro^rs amonge other alle and grete debatez be fore that tyme hongyng; the whiche arbitro^rs atte that tyme ordeyned that ther sholde be no soche tolne custume ne other dute ther to be take by the seide Dean and Chapiter with ynne the seide churche and cimitery. For anger and evyll wille wher of the seide Dean and Chapiter by theyre mynesters and servauntes ever sythen have put

oute all soche marchauntez and marchaundisez contrary and ayenst the olde ruell and use to grete hurte hynderyng and damagez to the seide Meyer and Comminalte and distruccion of theyre seide feyrez and markettez. Atte whiche tyme of entrety the seide Dean and Chapiter cowde nought saye ne ley for theym that the seide churche and cimitery was no parcell of the seide cyte so that the seide Meyer and Comminalte myght take ne make levy of no soche custume ne tolne ther. But atte the ende and conclusion of the seide grete entrety and goode accorde and love y-hadde, the seide Dean and much part of the Chapiter with theyre counsell of the one part and the Meyer and Styward with the more part of the xij. men governers of the seide cyte with theyre counseill of the other party, thus bothe partyes beyng present yn the Cathedrall Churche of Seynt Peter of Exceter, the seide Dean and Chapiter most specially prayed yn tokyng that ther sholde never no more debate be by twene the seide partyes that the seide Meyer and Baylyffez yn all that they myght goodly shulde absteyne and for∣bere with ynne the seide churche and cimitery of all maner arestys as touchyng the chanons and all thoo that buth of abyte and theyre mynysters and servauntez familiars fro tyme of sessyng of owre lady belle yn to tyme that cumple wher done. And so of ryght good wille to that entent as hyt was desyred was graunted and sythen observed and kept and yet ys duryng the tyme of thys entrety, the whiche now ys layde ayenst us yn evydence, seying that we never made ne oughte to make arest ther, the whiche ys to the seide Meyer and Comminalte grete vexacion hurte and hynderyng and to mysgoverned men ryatours and brekers of the pees grete bolde∣nesse and hath be cause of diverse affrayes that have be made bothe yn the churche and cimitery and yn especiall by one Richard Whiterow affraye made by hym apon John Howdon servaunt of Harry Helyer smytyng hym with a dagger with ynne the cloos yeate yn the eygge by twene the cimitery and the cyte alle most anon to the dethe, wherof we most grevyously compleyne us besekyng you oure gode Lorde Chaunceler and you oure lordes

^athis to refourme and redresse yn eschewyng of ynconvenyence that myght folwe therof. [this to thereof—originally "to be mene un to owre soveraigne the kyng so that he ne ye be nought displeasyd thow the seide Meyer and Comminalte leve soche abstynence but esyly to execute all lawfull execucions ther as theym ought to execute and to doo ryght to the partyes as the Meyer ys sworn ther to, or ellys to have the Meyer excusyd yf that any ynconvenyence mysgovernaunce or mischeve fall, as hyt ys lyke to do, and that for the love of God and the way of charyte."]

XXXIII. THE ANSWERS OF THE BISHOP, DEAN AND CHAPTER, TO THE MAYOR'S ARTICLES.

Thes ben the Answeres of the Bisshop of the Cathedrall Chirch of Saint Petre in Excetre Dean and Chapitre of the same to the Articles of compleynte ayens hem purposed by the Maier Baillyfs and Comminalte of the Citee of Excetre.

ARTICLE I.

As to the first Article of the saide Maier Baillifs and Comy∣nalte the saide Bisshop Dean and Chapiter seyen that thei doute of Vaspasions being atte Excestre and so atte Burdeaux and Jerusalem to sille xxx Jewes hedes for a peny; and thei sey that trewe it is that the saide nowe Citee of Excestre was of old tyme a Burgh and atte all tymes hath be, and is aunceon demene, but never under the name of a citee byfore the stallacion of Leofrik in the said Cathe∣drall Chirch, first Bisshop ther stalled by the hondes of Saint Edward and Edithe his Quene, which Saint Edward cursed all such that in any wyse fro the saide Chirch withdrawett eny right or ayens the saide Chirch maligne; atte which tyme the saide Chirch Cimitery paleys and other londes and tenements longing therto were separate and distincte fro the saide Citee and no parcell therof as it appereth in the Boke of Domus Day; afore which tyme ne seth was no mayer ne fee ferme bore for the saide nowe Citee to the progenitoures of our Soverayne Lord the King unto the regne

of King Henry the Thirde, butte the rentz and revenues comyng of the saide towne nowe Citee were answered to the noble progeni∣toures of our saide Soverayn Lord in their Escheker atte West∣minster as of partie of the shire of Devenshire by the honds of the Shereve of the same shere for the tyme being and by none other as it appereth by matier of recorde in the saide Escheker; atte which tyme the Bisshop of Excestre that tyme being was seised of the saide Chirch Cimitery palies lands and tenements aforsaide and all his predecessours afore him were seised of the same contynuelly fro the tyme of the saide Saint Edward; which Chirch Cimitery palies lands and tenements ben named and knowen by the name called the Bisshopes Fee, otherwyse called Saint Stephen's Fee, distincte and separate fro the saide Citee and oute of the jurisdiccion of the same, withoute that that at the dayes or many dayes setthen tyme of mynde any such Mayer Baillifs and Comminalte as thei surmytten where yn the saide Citee knowen by the name of Maier and Com∣minalte. And there as the saide Mayer and Com∣minalte seyen that they and their predecessors citezeins of the same Citee have had and hold the saide Citee in fee ferme of Oure Soverayne Lord the King that nowe is and his noble progenitours oute of tyme that no mynde is; the saide Bisshop Dean and Chapitre seyen that byfore the tyme of Richard King of Almayn which had xiii^li ix^s to his sustentacion atte will of his brother King Henry the Thirde and no thing ells in the saide Citee over xxv^li xii^s vi^d comyng of the rent of the saide nowe Citee yeven to the hous of Crichirch in London by the graunt of King Henry the First and Malde his wif paied to them by the hendes of the saide Shereve, ther was in Excestre nether Mayer ne Baillifs ne under that name Mayer and Comminalte but an auncean demene as the saide Mayer and Comminalte have articled and the saide Bisshop Deane and Chapitre confessed; which Richard King of Almayne graunted first by the name of Baillifs and citezeinis the saide Citee to fee ferme, havyng none oper estate than is above rehersed; wherfore the saide Citee with all the appurtenaunces in King Edwardes dayes the thirde was

seised in to the saide King Edward's hondes as more plainly ap∣pereth in the replicacion late made by the saide Bisshop Dean and Chapitre; in the which replicacion all other matiers of the saide Article be sufficeantly replied to as troueth asketh and requireth, as well to the jurisdiccions libertees fraunchises and power to hold plees &c., as in their compleynts been comprehended, as to all other. And as to the disclaunder which the saide Mayer and Comminalte have putte upon the saide Hue Lucas, the saide Bisshop Dean and Chapitre seyen that thei know him for no such misgoverned man, neither thei knowe in no wyse of affray that he shuld make upon Richard Attewode atte the Gilde Hall dore ner of eny arrest ther upon him had after the manner and fourme that the saide Mayer and Comminalte have articled. But thei seyen that thei knowe well that the saide Hue was furiously dreven into the saide Cathedrall Chirch by officers and other of the saide Citee with swerdes daggers and other invasif wepen ayens the pees drawen, the mynysters of the saide Chirch the same tyme being in theire habits atte divine service, which mynysters as prestees ought to do in all that thei godely myght laboured to save the saide Hues lyf, being in right grete perell therof, withoute comaundement or knouleche of the saide Dean and Chapitre or eny harme doing or menyng to ony maner officer of the saide Citee or in enywise smyting eny man or mace; but one of the saide officers violently with a custrell smote one John Pawton a mynyster of the saide Chirch upon the hede, he being in his habite; by the which and other abhomynable mysgovernaunce ther made by the saide officers the saide Chirch was peluted in maner and fourme as it more pleinly appereth by the examynacion therupon had and by the Article of replicacion of the saide Bisshop Dean and Chapitre late made &c.

ARTICLE II.

Item as to the seconde Article of theire compleints the saide Bisshop saieth as he seide in his thirde replicacion &c. withoute

that that the saide Bisshop atte eny tymes hath had or kept eny part of such money so sette to his owne use. And there as it is supposed by the saide Maier Baillifs and Comminalte that eny such dyme which shuld be due in William Upton's tyme was with∣drawen, hit was paied and delyvered to the saide William Upton and by him receyved as depute of the Kings collectours in the shire of Devenshire by the honds of Water Hert Baillif of the saide Bisshop. And as to the paiement of eny dyme in the tyme of the saide John Cotiller, the saide Bisshop saieth that the tenants of his saide fee were not warned to come to the saide Gild Halle to the assession therof, and that the saide Maier and Comminalte assessed and sette the saide tenants, in whom thei had no such power, of malice to a importable sume otherwise then ever thei were wont to paie, so that ther would have remayned in the saide Maiers honds a grete sume therof above the saide dyme, like as there hath remayned in other Maiers honds somtyme vii^li sumtyme C^s and sumtyme more sumtyme lesse. But the saide tenants offered to the saide John Cotiller as depute aforesaide by the honds of the forsaide Walter Hert Baillyf to paie and yet be redy to paie as mich as thei were wont to paie to fore and he refused to receyve it. And as to all other conturbucions and charges comprehended in the saide Article, the saide Bisshop saieth that his saide tenants were never contri∣butaries therto, ne ought to be in forme as the saide Maier and Comminalte have declared; for as moche as the saide fee is separate and distincte fro the saide Citee and no parcell therof, as it is above rehersed. And he seieth that the sute made by the saide Mayer and Comminalte for to have oppressed and enthralled the saide Bisshop Dean and Chapitre and theire mynysters and servants by the sute of a bill which is to shewe was and yit is cause of the saide stryves and debates and no feyned tretice ne other matier sued or done by theire partie, but principally by the wilfull laboure of John Shillyngford, nowe being Maier, in whoos tyme ever hath be grete troubill to the grete hurt and losse of the saide Chirch and Citee.

ARTICLE III.

Item as to the thirde Article of theire compleynts the saide Bisshop saieth that he and his predecessours have be seised of tyme that no mynde is of a Chirch called Saint Petre in Excetre a Cimi∣tery annexed per to w^t a paleis and oper divers londs and tenements called Saint Stephyns fe, operwise called the Bisshop's fe, yn and nought of Excestre but distincte and separate fro the same; within which he and his predecessours fro tyme that no mynde is hathe and have had view of Frank Plegge weif and straif and all other profits longing to a viewe, and one Water Hert Baillif of the saide Bisshop toke the saide hors and chaleis to the use of the saide Bisshop as goods weifed by the saide John Barton within the saide fee. And as to the comyng of eny coroner of the saide Citee within the saide fee Chirch Cimitery and paleys or eny parcell therof for to take eny knouleche of eny felon or sight of dede man convycte within the saide paleis, the saide Bisshop saieth that the coroners of the saide Cite have no jurisdiccion within the saide Chirch Cimitery paleys and fee, but only the coroner of the shire of Devenshire, for as moche as the saide Chirch Cimitery paleis and fee ben separate and distincte fro the saide Citee. And as to the remenaunt of the matier conteynyng in the saide Article, the saide Bisshop saieth that him ought not answere therto by the lawe.

ARTICLE IV.

Item as to the iiii. Article of theire compleints, the saide Bis∣shop Dean and Chapitre sayen that ther is no such strete called Fissh Strete within the Close of Saint Petre in Excestre. And also thei seyen that ther is not ne never was eny maner market hold within the saide Cloos ne within no partie therof. And thei seyen that thei never encroched in no wyse to theire saintuary eny grounde of the saide Maire and Comminalte. And as to the en∣croching of the ende of a way which thei call Fissh Strete, the saide Dean and Chapitre sayn that there is no such strete called Fissh

Strete, but the strete that thei call Fissh Strete is called Saint Mar∣tyns Strete otherwyse called Chanons Strete; atte which ende ther hath ben a wall and a brode yate in the saide wall fro the tyme that no mynd is, by the which yate citezeins of the saide town atte all tymes as nede requyreth have had and may have by resonable warnyng free comyng and going to repaire the saide towne and walles withoute lettyng of the saide Dean and Chapitre. And as to eny purposture made by the saide Dean and Chapitre in manner and fourme as the saide Maier and Comminalte have declared, the saide Dean and Chapitre seyen that the punysshment of all pur∣postures within the saide Citee longeth to the King and not to the saide Maire and Comminalte. And over that the seyen that all free-holders within the saide Citee of tyme that no mynd is, which have eny houses or tenements in the saide Citee, have used to make stalles in all stretes joynyng to the saide houses and tenementes so it be no noysaunee to the Kinges liege people. And so thei being seised of the saide nywe tenements made oute the saide stalles in the Kinges Hie Strete joynant to the saide tenement nat noying the Kings peple, which be the same purpostures that thei compleyn hem of. And as to the purposture which is supposed to be made in the Bisshopes rent, the saide Bisshop rent is within the saide Saint Stephens fee distincte and separate fro the saide Citee. And as to eny steires or palais made within the saide Chirch Yerde or Close, yif eny such bee, the said Bisshop Dean and Chapitre understond that such staires paleis and gardeins within the said palises in no wyse shuld cause the saide Mayer and Commynalte therof to complain or to be greved for as moche as the saide staires paleys and gardynes be within the procincte of the Cimitery which is no parcell of the saide Citee but distincte and separate fro the same. And the saide Bisshop Dean and Chapitre ne none of hem never made within eny place of the saide Citee eny purpostures stalles or wyndowes upon eny grounde of the saide Maire Baillifs and Comminalte.

ARTICLE V.

And as to the v. Article of theire compleyntes, the saide Dean and Chapitre seyen that within the saide Cloister, which is well walled and glased, is a Chapitre House and a Library compre∣hending a quarter of the said Cloister which is within the procincte of the saide Chirch and Cimitery and no comon wey but oute of the jurisdiccon of the saide Mair and Commynalte, which Cloister dores atte all tymes have be shette except tymes to goo in procession or to the Chapitre House or to the said Library or eny other such resonable tyme; atte which tymes and in especiall in tyme of dyvyne service, ungoodly ruled peple most custumabely yong peple of the saide Comminalte within the saide cloistre have exercised unlawfull games as the toppe, queke, penny prykke and most atte tenys, by the which the walles of the saide Cloistre have be defowled and the glas wyndowes all to brost, as it openly sheweth, contrarie to all good and goostly godenesse and directly ayens all good policy and ayens all good rule within the sayde cloyster to suffre eny such mysruled people to have comune entre which spare not withyn a quarter of a yer to pollute the saide Cimitery and their saide moder Cathedrall Chirch, not eschewing to doo the same within the saide Cloyster w^toute that that the saide Maier and Comminalte or eny of their predecessours ever had thourgh the saide cloistre eny comune wey.

ARTICLE VI.

Item to the vi. Article of the compleints of the saide Maire and Comminalte, the saide Bisshop Dean and Chapitre seyen that the saide Article is but a feyned matier to putte their offence fro hem self and to disclaundre the mynysters of the saide Chirch, which offence preveth to be done by the consent of some of the saide Comminalte for as moche as one of hem atte curfew tyme, all the yates of the saide Close stonding open and and the weket of the brode yate an oure after as it ought to be, atte the litell stile came yn to the saide Close and broght fire in a sho and sette the saide

egge a fire within which was xx^li worth tymber of the saide Dean and Chapitre is godes, and by the same wey ran oute ayene seying that he was aspied by a mynyster of the saide Chirch, which as God would in all hast quenched the saide fire and so excluded all mis∣chefs therby like to have fall as wele to the saide tymber and tene∣ments of the saide Chirch as bilding of the saide Citee; withoute that that eny man of the saide close hath noysed and disclaundred the saide Citee to brenne the saide Chirch but only have reproved such mysgovernance withoute any disclaunder as was done in this behalf, as trouth and godenesse requireth.

ARTICLE VII.

Item to the vii. Article of their compleynts, the saide Bisshop Dean and Chapitre seyen that well and trewe it is that thei and ther predecessours have be seised and so ought to be of such iiii. gardyns and postren dores specefied in the saide Article, the which postren dores joinantly oughte to stande and be maynteyned by the saide Mair and Commynalte in the saide buttyng wall and in none other place conteynyng the brede of a kernell of the saide towne wall, ones a yere by the warnyng of viij. dayes to have a way by the saide postrons to over se the towne walles and none other use except tyme of werre, which postrons and brede of the saide buttyng wall so of duete to have be repaired by the saide Maier and Comminalte by their frowardnesse to evell entent suffred the saide postrone and part of wall to fall down and to lie opyn for defaute of reparacion to thentent that thei myght have fre comyng in to the saide gardins atte their owne will and to feyne matiers of disclaundre upon mynysters of the saide Chirch contrarie to all godenesse and to the saide composicion; which Mayer and such dredefull people of his commynalte be the mysgoverned people and yncomers that thei spoke of and none other; withoute that that thei the said Maier and Comminalte in eny tyme this C. yere have doo or made eny reparacion in the saide postrons towre and dore of the

saide towre, and without that that the saide Bisshop Dean and Chapitre or eny of their servants in eny wise have broke eny lokks or dores or in eny manner have harmed or hurt the saide towre after the fourme by the saide Maire and Commynalte articled; but for their owne honeste and necessite for defaute of reparacion atte their propre costes and expenses have repaired the saide walle so fallen downe and made dores in their severall grounde by the which the saide Maier and Comminalte many yeres have had free yn comyng and such cherisshing with all gentilnesse as Chanons of the said Chirch coude make hem in such wyse that as for that way thei ought feyne no matier ne cause to compleyn hem of.

ARTICLE VIII.

Item to the viii. Article of the saide Maire and Commynalte, the saide Deane and Chapitre seyen that sothe it is that such a lane lieth bytwene the mansions of the saide Chanons and Friers, which lane is no severall grounde to the saide Maier and Commi∣nalte but comon to all such Chanons as have mansions adjoynyng to the saide lane, there thourgh for to make theire cariages atte their ease and liberte withoute eny lycence of the saide Maier and Com∣mynalte thereupon required to be asked; withoute that that the saide Deane and Chapitre or eny other man by theire comaundement have cast eny such rowble or unclenly things in to the saide lane or eny goter there have broke up or stones in eny wyse therof have caried awey.

ARTICLE IX.

Item to the ix. Article of the saide Maier and Comminalte, the saide Deane and Chapitre seyen that the trewe it is that atte the saide lane ende is a yate which perteyneth to the saide Friers and not to the saide Maier and Commynalte ne to their charge of repara∣cion but therof to have a key to over see the towne walles, and the saide Friers to have another and the Chanons the thirde, by the which key so being in the saide Mayer's warde, yif eny nyght

walkers herkeners or any mysgoverned people or mysgoverned women have come yn or oute atte the saide yate, withoute that that thei have knowe eny other such people by the saide yate to come yn or oute which shulde noyse or disclaunder eny persone dwelling there withynne, or eny such mysrule used by eny persone of the saide Close atte the saide Beaufits Taverne, being a taverne in the saide towne and withoute the saide Close and fee. Wherfore it were p^e part of the saide Maier, yif eny such mysrule and bawdery bee within the saide taverne, yif he be clere in his owne persone, to compleyne and to see that it were corrected and amended; within which taverne the saide Deane and Chapitre have no such correcion ne knowe eny such mysruled preistes using the saide taverne as be specefied in the saide Article ne none so mysruled persones within the saide Close . . . . . . as he that is cause and yever of ensample to all such mysgovernance. [This appears to be the answer which Shillingford speaks of at p. 16.]

ARTICLE X.

Item as to the x. Article of the saide Maier Baillifs and Com∣minalte touching holding of eny pl . . . . . . the saide Bisshop saieth that no lawe putte him therto to answere. Natwithstendi . . . . . . yn his saide Courte spiritual noon other plees but as hem ought to doo. And where as . . . . . . seyen that the saide Bisshop hath no lete but a simple Court Baron in Excetre; therto the saide Bisshop saieth that he and his predecessours of tyme that no mynde is hath and have had in Excetre a viewe of Frank Plegge as it is more pleynly above rehersed.

ARTICLE XI.

Item as to the last and most disclaunderous Article, the saide Bisshop saieth that it is none other but mater of disclaundre . . . . . . if eny mysrule hath be within eny tenure of his in the saide Citee of eny mater vitaill yn especiall among other of brede

ale and wyne or any such, the punysshment and correccion therof perteyneth to the said Bisshop and of tyme that no mynde is hath be corected in Courtes of the saide Bisshop and his predecessours and yn no wyse by the saide Mayer and Comminalte, within which tenements the saide Mayer and Comminalte have no jurisdiccion correccion. . . . . . . And the saide Bisshop saieth that neither he ne none other by his comaundement never sende s . . . . t wyne ne none other to Topsam ne to Budeux as the saide Mayer most dis∣claunderly hath surmytted.

XXXIV. THE MAYOR'S REPLICATIONS TO THE BISHOP'S ANSWERS.

These buth the repplicacons of the Maier Baillifs and Comminalte of the Citee of Excestre to the Answeris of the Bysshop Dean and Chapitre of the Cathedrall Churche of Excestre.

ARTICLE I.

The seide Maier Baillifs and Comminalte seyn that alle the maters conteyned in their furste Article is gode and true as they ben and woll be at all tymes redy to prove as your full notable discrecions woll rule them to bothe by mater of recorde prescripcion and other wyse. Bot as to that they seyn that the seide Citee was never under the name of a Cite a fore the stallacion of Leofrike there furste Bysshop and that Seynt Edward accursed alle suche that yn enywyse fro the seide Churche withdrawyn eny right or ayenst the seyde Churche malygne, the seide Mayer Baillifs and Comminalte seyn that the seide Cite was knowyn by the name of a Cite as hit appereth by olde croniclis and as hit ys write yn an olde table the which hongeth yn quere of the seide Church writen thus Anno Domini XLIX^o Vaspasianus cum exercitu Romano Civitatem Exonie octo diebus obsedit sed minime prevaluit, Arvirago Rege civi∣bus prestante auxilium. And they supposeth right well that Seynt

Edward accursed and knowyth right well yndede that they buth accursed alle suche that yn enywyse fro the seyde Churche wil∣lyngly and wyttyngly withdrawith or buth wyllyng to withdrawe eny right fro the seide Churche or malynge; and the seide Maier and all the hole Comminalte and the Mayer most specially prayeth and ever shall praye God and Seynt Edward and all the Seynts in hevyn and yow to do the same aswell as all they that withdrawith or wold withdraw eny right fro the seide Cite; and they seyn that a fore Leofrike is tyme and yn the tyme of monkis of the order of Seynt Benet there dwellyng and possessed of the seide Churche and all thyngs therto belongyng, was and at alle tymes afore that of whiche no tyme of mynde is nother at that tyme was, stode called named and reputed as a Cite and so conceyved and knowed; at whiche tyme the saide Churche Cimitere Paleys londis and tene∣ments belongyng therto were have be and yet of right ought to be yn and of the saide Cite and parcell of the same, not separate ne distynct therfro; withoute that hit is conteyned yn the boke of Domesdey that they were separate and distyncte fro the seide Cite, and withoute that the Bysshop and his predecessours tyme of Seynt Edward were possessed of eny suche fe as they seyn; of the whiche sufficiant provis at alle tymes of recorde shall be redy to be had. And as to the fe ferme answered to the progenytours of Oure Soverayn Lorde the Kyng, they seyn that they and theire predecessours hilde the seide Cite at fe ferme yn the tyme of William Conquerrour as hit appereth of recorde; afore whiche tyme, thenne of tyme that no mynde was, they and theire predecessours hadde holde the seide Cite to Fe Ferme yn like fourme. The whiche Fe Ferme by tyme aboveseide hath be made levy and payed by and to suche persons as to the seide Kyngs progenytours liked to assigne as of Fe Ferme of the said Cite. And as touchyng other articlis conteyned yn theire seide compleynt, the whiche the Bisshop Dean and Chapitre have answered yn theire repplicacion as they seyn, the seide Maier Baillifs and Comminalte seyn that the mater yn the repplicacion of the seide Bysshop Dean and Chapitre to their rejoynder made ys

not sufficiantly answered; the whiche they remytte to youre grete wisedomys and discrecions; and as to the answere to the rescours made by Hugh Lucays, they seyn that all the mater conteyned yn theire compleynt is gode and true as they at alle tymes wolbe redy to prove after youre discrecions.

ARTICLE II.

Item as to the seconde answere of the seide Bysshop Deane and Chapitre to the Articlis of this seyde Maier Baillifs and Com∣minalte, they seyn that alle the maters yn that Article of compleyntis and every Article of Compleyntis wythynne the same as well as yn other answeris of the seyde Maier Baillifs and Comminalte to the Articlis of the sayde Bysshop Dean and Chapitre and yn the re∣joynder to the same, som by matter of recorde some prescripcon and as hath be lawfully used, and som by other evident writyng and witnesse, shalbe proved gode and true after your wise discrecyons and as ye woll rule ham to. And as to that the Bysshop seyth that eny dyme or parcell therof sholde be payed to William Upton, som tyme beyng Maier, and by him receyved as depute to the Kyngis collectours yn the shire of Devonshire by the hondis of Walter Herte Baillifs of the seyde Bysshop, the seyde William Upton hath right faithfully seyde and we seye that he receyved never so ne yn none otherwyse no such money. And as to that the Bysshop seith as touchyng the payement of eny dyme yn the tyme of the seyde John Coteler that his tenantis of that he calleth his Fe were not y warned to come to the Gildehalle, to the assssyng therof, the seyde Mayer Baillifs and Comminalte seyn that they were warned as they were wont to be warned and as hit openly appereth yn the Articlis of the seyde Mayer Baillifs and Comminalte therof made. And as to that the Bysshop seith that his tenantis were assessed and sette of malys and yvell wyll to an ymportable some other wyse then ever they wer wont to paye so that ther wolde have remayned yn the seyde Mayer's hondys a grete some therof above the seide dyme like as ther hath remayned yn other Mayer is

hondys some tyme vii li. some tyme v li. som tyme more som tyme lasse, the seyde Mayer Baillifs and Comminalte seyn that the seide Bysshoppis tenantis wer never so sette bot favorabilly and with∣ynne that ham oughte and myghte have be assessed and payed, ne never otherwyse at no tyme assessed ne payed then longeth to tham to be assessed and payed or wyth ynne, as hit shall be ryght well y proved by ryght gode and true witnesse and olde bokys therof y made, and that by assent of ham self and their awne assent and aggrement. How so be that the seyde Mayer Baillifs and Comminalte by other men myght have assessed ham, they not called therto, ne no suche mony remayned, ne bot right litell or none at eny tyme hath remayned, and that what [what] when, MS.] hath remayned hath be departed ayen among suche of the porest puple that have bore charge and payed therto, and som tyme hath lakked; whiche hath be payed with the comyn gode, while ther was eny, as well as som tymes all yn dyscharge of the comyn puple of the seyde Cyte, as all shall be ryght well knowed and proved by right gode and true notable evydent writyng and wytnesse. And as to that the seyde Bysshop seyeth that his seyde tenantys offerred to the forseyde John Cotyler as depute aforseyde to paye by the hondys of the forseyde Walter Herte Bayllif and yet buth redy so to paye as moche as they wer wont to paye to fore, and he refused and wolde not receyve hit, the seyde Mayer Bayllifs and Comminalte seyn that true hit ys that the seyde tenantys offerred to the forseyde John Coteler as depute aforseyde to paye, and yet as they supposeth byth redy so to paye bot as moche as was wont to be payed before was never ne may be putte yn certyn as alle the hole Cyte ys, and that bot sithenys the tyme of Kyng Edwarde the Thirdde the vi. yere as hit appereth of recorde; the whiche they remytte to your wysedomys. And as they and John Coteler seyn that they ne wolde ne yet woll no suche mony so unlawfully assessed and made levy as hit ys sur∣mytted yn the Article of the seyde Mayer Bayllifs and Comminalte

therof made, yn no wyse receyve, and that was the cause that the seyde John Coteler wolde none receyve but refused the seyde unlawful proffre. And as to all the remanent of the seyde Article, the seyde Mayer Bayllifs and Commin∣alte seyn that they woll prove hit gode and true as hit ys aboveseyde yn this same repplycacion.

ARTICLES III. IV.

Item as to the thirdde and fourthe Answeris of the seyde Bysshop Dean and Chapitre, the seyd Mayer Bayllifs and Comminalte seyn that the mater conteyned yn their seyde Articlis shall be sufficyantly proved gode and true som by mater of recorde and some by mater of recorder and som by prescripcyon and as hit hath be lawfully used and som by other evydent writyng and wytnesse; the whiche they answer not bot by mater of travers; bot wher they seyn that the punysshment of alle purpresturys longeth to the Kyng and not to the seyde Mayer Bayllifs and Comminalte, they seyn that of tyme that no mynde is the Mayer Baillifs and Comminalte and their predecessours have hadde and of right aughte to have alle maner punysshementys and avantagys of alle maner purpresturys withynne the seyde Cite and precyncte of the same, the whiche they buth redy to averre and prove. And as touchyng to theire surmys that every freholder yn the seyde Cyte have used to make stallis yoyant to theyr tenementis yn maner and fourme yn the seide answeris conteyned, the seyde Mayer Baillifs and Comminalte seyn that theyr seyde answer ys no sufficient prescrip∣cyon ne answer suffycyant yn lawe; the whiche they putte yn your wysedomys. And as touchyng eny suche stallys to be made ayenst eny freholde, they seyn that no freholder aughte no sholde of ryght make no stallys ayenst theyr freholde withoute hit hadde be used and accustomned of tyme that no mynde is or by leve of the seyde Mayer and Comminalte. And they seyn that the housys and tenementis whiche the seyde purpresturis beth made and y hadde buth bot of right late tyme and withynne tyme of mynde bulled

and never none before. The whiche tenements and purpresturis buth alle yn and of and parcell of the seide Cite.

ARTICLE V.

Item as to v^e Answer to the Article of the seyde Mayer Bail∣liffs and Cominalte, they seyn that all the mater comprehended yn the seyde Article shall be effectually proved gode and true. And as to that they seyn that the seide Maier and Comminalte hadde never comyn wey thurgh the seyde cloyster, they seyn that withynne tyme of mynde ther was no suche Cloyster ther bot all opyn Churche hey and a comyn wey over yn to the seide Churche; and as to the remanent of the mater comprehended yn the seide answer, the seide Mayer Baillifs and Comminalte seyn that they by the lawe buth not bounde therto to answere.

ARTICLE VI.

Item as to the vi. Answer of the seyde Bysshop Deane and Chapitre, the seyde Mayer Baillifs and Comminalte seyn that all the mater conteyned yn their Article is gode and true and not feyned ne to disclaunder no mynester of the seyde Churche. And yn speciall that the Close yeates and the litell stile most specyally wer y shitte as hit is comprehended yn the Article therof made; withoute that eny suche came yn atte lytell stile beryng fyre in a sho as they surmytteth or yn eny other wyse, and that shall be ryght well and truly proved.

ARTICLE VII.

Item as to the vii^e Answer of the seyde Bysshop Deane and Chapitre, they seyn that all the m[ater in the] seyde Article con∣teyned is gode and true as hit shall be ryght well proved by ryght gode and . . . . writyng and witnesse. And as to that they seyn that the postern dorys specefied yn the seyde ar[ticle] sholde be of the brede of a kernell of the seyde towne wallis and that by the

frowardness to yvell [entent] suffred the seyde posternes and part of the wall to fall adown and to lye open for defaute of reparacion [to the] entente that they myght have fre comyng yn to the seide gardyns at their owne will to fa[yne maters] of disclaunder apon the minesters of the seyde Churche, and that the comyng yn of the Mayor [and] suche dredeful puple of his Comminalte sholde be the mysgoverned puple and yncomyers that the Mayer and Com∣minalte compleyn of yn their article, and that they for their owne necessyte for defaute of reparacion atte their awne propre costeys and expensis have repayred the seyde wall so fall adoun and y made dorys yn theyre severall grounde, the seide Maier Baylifs and Comminalte seyn furst that the seyde dorys sholde be of the brede of the thicknesse of the towne wall withynne the kernellis of the same, and that no suche wall fill adoun for defaute of reparacon; bot right late Mayster John Druell, Archidiakne of Excetre, tenant of oon of the seide iiii. gardyns ther hit is supposed oon sholde fall adoun, drewe adoun a sufficiant wall and dore larger for his awne yese and disporte and all at his awne wyll, and oon Mayster Robert Boson, som tyme Chaunceller of the Cathedrall Churche of Excetre, beyng tenaunt of oon of the said iiii. gardyns, stopped up oon of the dorys stondyng an high upon the wall of the towne and made another postern dore allowe yn his gardyn for his better yese and disporte going yn and oute at that dore; the whiche stoppyng of the dore the Maier and Comminalte ever sithen have suffred and go yn and oute when tyme hath be at that other side dore, excepte this yer that he wolde not, and thogh he wolde he was forbode and lette by the tenant of the seyde gardyn. And this buth the posternys dorys and wallis fall adoun for defaute of reparacion and y-made upon their severall grounde at their propre costys and expensis repayred that they compleyn ham of, withoute that the Mayer and Comminalte of frowardnesse to yvell entent suffredde the seyde posternys and part of the wall fall adoun to fayne maters of disclaunder apon the minesters of the seide Churche, and withoute that the Mayer or eny of his Comminalte

be eny suche dredefull and mysgoverned puple and yncomyers as they speke of; for the puple that the Mayer and Comminalte yn their divers Articlis meneth and compleyne ham of, their namys not specifyed for noyse and disclaunder that myght come therof, ys ne buth their Holy Gostly Fader the Bysshop ne Deane ne Chapitre ne none of tham ne bot right fewe of their mynesters ne servantis famyliars that such noyse and disclaunder as hit is supposed sholde be to, bot right grete and worthy of the contrey and suche as have be wonte to be called worthy of the Cite of Excetre and other to grete harme hurte hyndryng noyse and disclaunder of M l̄ and moche more; the which all shall be proved gode and true and parcell as the lawe wyll bytwene party and party, prayng yow my Lorde Chaunceller yf hit please your gode Lordesship by mouthe to knowe hit &c. and all yn defaut of kepyng of the seyde yeatis posternys dorys. Wherfor we the Mayer Baillifs and Comminalte of the Cite of Excestre praying yow oure Lorde Chaunceller most specially, and yow oure other Lordis Justises, to comaunde our Holy Fader the Bysshop Deane and Chapitre to suffre us yn pees and godely to amende and repayre alle such yeatys and dorys as we of right and of lawe aught to amende and repayre as hit shall be right well y proved and yn especiall alle the dorys and posternys apon the towne wallis y-specefyed yn their vii^e Article and two dyvers lokkis and keyes to be sette apon every dore to be opened bot onys yn a yer after the fourme effecte and entent of a composicon therof made and to avoyde alle yn and oute comyers bot as by the compesicon aboveseide. And that they may have make repayr maynner use and occupye to their awne use and do as they woll and aughte to do with and yn the same tour comprehended yn the seide vii. Article as well as the dorys and posternys after the fourme effecte and entent of the seyde composicon as lawe right and reson requyreth, the whiche tour and dorys yn their Article of compleyntis as hit is compleyned ys not withseyde.

ARTICLES VIII. IX. X.

Item as to the viii^e ix^e x^e and xi^e Answers of the seyde Bysshop Deane and Chapitre, they seyn that all the mater con∣teyned yn the seide Articlis, as well as yn the Articlis above∣seyde, buth god and tru as hit shall be well proved, as hit ys specefyed in the furst thridde and fourthe repplicacions: and as to that they seye that the yeate atte the Freren Lane ende perteyneth to the Freris and not to the seyde Mayer Baillifs and Comminalte ne to their charge of reparacion and by the keye yn the seyde Mayeris warde yf eny nyght walkers herkeners or eny other mys∣governed puple or wymmen have come yn or owte atte seyde dore, that they have come by avys and ordynance of the seyde Mayer; and also as to that they seyn that it wer the part of the seyde Mayer, yf eny suche mysrule as ys comprehended yn the Article or bawdry, yf he be clere yn his awne person, to compleyn and to se that hit wer corrected and amended, and that they knowe none suche mysruled person as he that is cause and yever of ensampell of all suche mysgovernance; the Mayor Baillifs and Comminalte seyn that the Freris have no yeate ther ne keye, ne none aughte to have, ne never they ne none other man hadde, ne aughte to have bot by the Mayer and Comminalte, and that the Mayer and Com∣minalte at alle tymes have made the seyde yeate and repayred hit as all shall be right well proved by right gode open and evydent writyngs and witnesse, and that the Mayer ne no man that they surmytteth apon hadde never keye therof wherby eny suche mys∣governed puple sholde come yn or owte. And the Mayer seith that true hit is that hit is his part to correcte and amend suche mysgovernance as ys surmytted yn Beaufitz is Taverne all that longeth to the Kyng and to his pees withoute leve y asked. And he seyth that he knoweth right well he hath be right negligent and sparyng theryn as yn other offencys meny and dyvers, supposyng to the worlde warde for the beste duryng the tyme of this entrety. Bot savynge the commaundement of yow my Lorde Chaunceller

and other lordes, he woll amende hit as sone as God well yeve hym grace and tyme to as the lawe woll. And as to his clere lyvyng yn his awne person and cause yever of ensample of all suche mys∣governance, he seyth that God wote who ys cler of his lyvyng "quia nemo sine crimine vivit" and prayeth the causers doers and wyllers therof every man furst to se his awne defautis as well theryn or and as well as yn other defautis grettere and more perill and offence then this, and he that fyndeth himself cler, caste he the furst ston as yn the Gospell, and do he has the Mayer shall for his part, bysekyng yow my Lorde of Canterbury as Archebysshop Prymate and hedde of all Churche of Engelonde and his High Holy Gostly Fader to amytte hym to his purge for the grete parte of the mater of disclaunder that ys thus disclaundely of yvell wyll openly putte apon hym and that for the love of God and yn wey of charite.

The articles of complaint being answered and replied to, the proofs appear to have been stated. The following "Articles of Proof," and the answers thereto have been found.

XXXV. THE BISHOP'S ARTICLES AGAINST THE CITY TO PROVE THAT THE BISHOP'S FEE IS DISTINCT AND SEPARATE FROM THE CITY.

These maters folwyng prove that the Cathedral Churche of Excetre and the Cimitere thereof and also the Bysshoppis fee there, otherwyse called Seynt Stephenys fee, buth distyncte and ceparate fro the Cyte of Excetre.

I. Furst hit ys conteyned yn the boke of Domys Day "quod rex habet in Exonia ccc. domos xv. minus &c̄. Episcopus habet in Exonia xlvij. domos duas acras terre et dimidiam &c̄." whiche maketh the seyde Churche Cimitere and fee, so that the saide boke provyth that the Bysshoppys tenementis were frank fe and cevered fro the Kyngs aunceon demene, whiche aunceon demene maketh the seide

Cite as the Mayer and Comminalte of Excetre have supposed before this yn theire awne writyng.

II. Item William Conquerrour and alle his heiris hadde the seide Cite yn theire awne hondes as there aunceon demene distyncte and ceparate fro the seide Bysshoppis tenementis tille the ij^de yere of the reynyng of Kyng H. the thirdde duryng whiche tyme somme yeris the Shirivys of Devonshire accompted of the issuys and proffitis therof yn the Kynges Excheker as parcell of the ferme of the shire and somme yeres gardeyns of the seide Cite, as hit appereth of recorde yn the Escheker; all whiche tyme the seide Bysshoppis tenementis were not claymed to be parcell of the seide Cite.

III. Item none of the Bysshoppes of Excetre nother theire tenantes of theire saide tenementis paied never rente nother didde eny ser∣vicys [to] the lordes nother to the gardeyns or possessours of the seide Cite as tenantes of aunceon demene doth to their lordes.

IV. Item the seide Bysshoppis fro the tyme that noo mynde ys have hadde a Court yn theire seide fe and lete and vyw de franke plegge, as shall be proved by olde rollis therof, and correccion of brekyng of assise of bred and of ale and of assauts and of alle other articlis longyng to a lete, and wrytts of right sywed there &c̄.

V. Item the citeseyns of the seide Cite hadde never libertees ne custumys before Kyng Harey is tyme the thirdde bot as Burgeyses and tenantes of aunceon demene sholde have; at whiche tyme they were worthy and thrifty puple and suffred the seide Bysshoppes and theire tenantes of theire seide fe to be yn pees till afterward nywe charters were made to theyme.

VI. Item the Citeseyns of Excetre hadde never the seide Cite to fe ferme before Kyng H. ys tyme the thirdde; at whiche tyme they by coloure of a voyde charter made to theym therof by Richard

Kyng of Almayne brother of the seide Kyng H. wrongfully usurpyd apon hym claymyng to hold the seide Cite by fe ferme, wherfore the same Cite was resumyd yn to Kyng E. the thriddes hondes by vertu of a jugement hadde ther apon by grete deliberacion, and the Shrive of Devonshire charged by writte to answere to the Kyng of the yssuys and proffits therof, as hit appereth of recorde yn the Escheker; and afterward the same Kyng by his letters patentz graunted the seide Cite to the saide Citeseyns and to theire successours to fe ferme; syth whiche tyme they have wrongfully dyvers tymes claymed the seide Bysshoppes tenements to be parcell of the seide Cite other∣wyse then ever was done afore.

Indorsed: Copia vera.

XXXVI. THE MAYOR'S ANSWERS TO THE BISHOP'S ARTICLES OF PROOF. [The text is from an imperfect copy roll. A collation is given from a full copy in parchment found after the transcript was made—it is designated A for the purpose. Slight variations of spelling have not been noted.]

These bene [bene] byth. A.] the Aunswerys to the Articulis of Provys y putte yn by the [Bysshop Deane and Chapitre of the] Cathedrall Churche of Exeter ayens the Mayer Baylyfs and [Comminalte of the same Cite to prove that the] seide Cathedrall Churche the Cyme∣tere therof and that [they^c calle now the Byshoppis fe otherwyse and rather y] called Seynt Stephens ys fee and nowe otherwyse they calle [they to calle "yn ther ffirst article of these compleynts called Seynt Stephyns Fee and nowe otherwise they callyth the Bisshoppes fee shalbe, &c." A.] [the Bishoppis fee] sholde be ceparate and distyncte away fro the seyd Cytee.

As to the firste artycle of provis where the seide Bisshop Deane and Chapitre seyn that hit is conteyned yn the boke of Domysdey quod rex habet in Exonia ccc. domos xv. minus &c̄. Episcopus habet in Exonia xlvij. [domos duas acras terre et dimidiam &c̄. whiche] maketh the seide Churche Cimitere and fe so that the seide boke proveth as the seid Bysshop seith that the Bisshoppis [tenauntes

were frank fe and cevered fro the] Kynges aunceon demene. The whiche the seide Maier and Comminalte seyn is noo prove that the [seyde Churche Cimitere and fe ne tenaunts] buth frank fe separate and distincte awey fro the seide Cite and that they remytte yn [yn] omitted in A.] to your grete wise [domys]. And yf hit so were by reson hit sholde be called Seynt Peter is fe, and so was hit never, nother the Bysshop is fe as they now claymeth bot long sithenys tyme of mynde. Bot if eny fe be hit hath be called Seynt Stephens fe as the seide Bisshop hath supposed and claymed yn his furst and seconde articlis of compleyntis, and annexed to the Churche of Seynt Stephen of Excetre hed place of the seide fe, as of olde tyme hit hath be seide knowed and called. Yn prove wherof some of the tenantis of the seide Bysshop holdeth and bereth rente to the seid Bysshop as by right of the seide Churche of Seynt Stephen and sywte and servyce to the seide Bysshop as by the right of þ^e same Churche; and somme bothe by rente sywte and servys to the seide Bisshop as by right of the seide Churche of Seynt Stephen; w^t oute that ony house lond or tenemente hold of the seid Bisshop of that he calleth hys fee forseid ben holde of the seid Bisshop as of the right of his Church of Seynt Peter forsaid; and withoute that the Churche of Seynt Peter Cimitere or housis withynne the procyncte of the seide Cimitere berying eny suche rente sywte or servys to the seide Churche of Seynt Stephen or to the seide Bysshop by right of the seide [seide] same. A.] Churche nother the seide Churche of Seynt Stephen beryng eny suche rente swyte or servys to the seide Churche of Seynt Peter. And so hit proveth yf eny be Seynt Stephens fe, ceparate and dis∣tyncte away fro the seide Cathedrall Churche and Cimitery, as the seide Bysshop hymself yn his furste and seconde articulis of com∣pleyntis separatly and ceverally hath supposed and claymed; with∣oute that hit be conteyned yn the Boke of Domysday or Osbert the seconde Bysshop of Excetre [among wother claymed or made] mencyon of eny suche Church of Seynt Stephen or fe; and with∣oute

that eny of the seide Bysshoppis predecessours were seised of eny fe yn the tyme of Kyng William Conquerrour as they have above supposed and claymed. And so the seide [seide] omitted in A.] boke of Domysday proveth right noght for the saide Bisshop Deane and Chapiter yn this mater, ^band that they remytteth as hit is aboveseide. [and to aboveseide] omitted. A.] Bot they seyn that hit proveth by that the Bisshop [Bishop] omitted. A.] Deane and Chapitre seyn as hit is conteyned yn the boke of Domesday with more as hit is conteyned yn the same boke thereto yn these wordis "De tempore Regis Edwardi Episcopus habet in Exonia duas acras terre et dimi∣diam et jacent cum terra Burgensium que ad ecclesiam pertinent," the whiche lorde Osbert the seconde Bishop there claymed to have yn Seynt Edward is tyme yn the Cite of Excetre withoute eny more as hit appereth yn the same boke of recorde; the whiche londe maketh the Bisshoppis Paleis and the gardynes annexed therto. And yn Kyng William Conquerro^r is tyme the seide Bisshop claymed the same londe and a Churche beryng a marke and xlvij. housis beryng xs̄. xd̄. not makyng mencyon perteynyng to his Churche. The whiche rentis as well as of meny other housis londis and tenementis y-holde yn the seide Cite yn like wise somme of Seint Edwardis tyme and somme of the seide Kyng William Conquerrour is tyme beryng custume or rente or bothen [bothen] both. A.] ; of the whiche Churches housis londis and tenementis somme buth of the seide Bisshoppis and his predecessours and somme of Bisshoppis of other dioceses and of religeous and of erlis barons knyghtes squyers and other none withseide bot all parcell of the seide Cite and annexed to the same, whas namys and parcellis meny buth conteyned yn a bulle annexed herto [On a rider occur extracts from Domesday relating to houses in Exeter which pay custom to the King, viz.: "Terra episcopi de Exonia. Episcopus de Exonia habet in civitate unam ecclesiam que reddit j marcam argenti et xlvij. domos reddentes xs. xd. et due domus sunt vastate per ignem. Ibi due acre terre et dimidia et jacent cum terra Burgensium que ad eccliam pertinent. Ipse episcopus tenet in Excestria ix. domos reddentes iijs." Also "Terra Episcopi Constantiensis—Ecclesia Batailze—Terra Comitis Moritonie—Terra Baldwini Vicecomitis—Terra Radulfi Pomeray—Terra Alveredi—Terra Godeboldi,"—with this note: "The whiche alle churchis housys londys and tenementis buth of oo holdyng as well as ryght meny moo other and dyverse whiche alle passyth the nombre of lx. and moo beryng rente or yeldyng custume as all apperith of recorde yn the seyd boke, none wythseyd except the xlvij. housys aboveseyd now late; the whiche the Mayer and Comminalte seyn that all buth parcell of the seyd Cytee yn and of and annexid to the same. And they seyn that all the rentys aforseyd ben parcell of the fe ferme of the said Cyte, and that rentys and custumys proveth a fe ferme by prescripcion at that tyme. And the Cyte not yn the Kinges hondes as hit ys yn theire seconde Article of provis supposid."] with meny moo that ther buth, in alle

maketh the nombre of lx. and moo &c̄. as hit appereth of recorde. The whiche rentis alle of tyme that no mynde renneth have be and yet bene parcell of the fe ferme of the seide Cite. And so hit proveth by the seide boke of Domesdey that the seide Churche Cimitere housis londis tenementis and fe buth not franke fe ne ceparate ne distincte awey fro the saide Cite, as they above have leide, bot at all tymes have ben and yet buth yn and of the seide Cite annexed therto and parcell of the same as well as of other of the same holdyng comprehended and made mencion of yn the seide bille. And yn prove that the seide Cite was at fe ferme yn the tyme of Kyng William Conquerrour hit proveth by these wordis yn the seide boke "Exonia hec reddit xviij. libras" the whiche rente so putte yn certeyne proveth a fe ferme. And yn more prove therof they seyn that yn Kyng Harry is tyme the furst, sone to the Con∣querroure, the iiij^e yere of his regne, Mawte his Quene founded the hous of Crechurche yn London and yeaf to the foundacion therof "duas partes redditus Exonie." And so the same Kyng Harry the furste confermed hit by these wordes "De redditu Exonie" &c̄. And so hit proveth fe ferme. [fee ferme. A.] Bot yn more full prove therof the same Kyng sende a writte yn to the Barons of his Escheker yn the whiche is conteyned these wordis "Sciatis me concessisse esse stabule (sic) donum quod Matilda uxor mea dedit et concessit Canonicis Sancte Trinitatis Londonie de firma civitatis Exonie. Et ita distringatis sicut feceritis de mea propria firma." The

whiche writte is of recorde wherof a copy is redy to shewe, and thus hit proveth that the seide Maier and Comminalte hadde the seide Cyte of Excetre to fe ferme yn the tyme of Kyng William Conquerro^r by no graunt of Kyng bot by prescripcion, and so [at all tymes] vew de franke plegge as they have alleide yn theire furste article of theire compleyntis and as hit is allowed be fore justice yn Eier [Justices of an eyer. A.] amonge other thynges by these wordis "Cives Exonie habent placita de vetito namio, furcas, assisas panis et servisie &c̄. Et hec omnia habuerunt ante conquestum et post;" a copy of whiche recorde is redy to shewe: and yet yn prove that hit is a fe ferme, hit was never answered yn to the Escheker bot by rente certeyn as hit is aboveseide and paied by suche hondis as hit appereth yn the seconde article of the repplicacions to the answeris to the articles of the seide Maier and Comminalte or by name of a fe ferme as yn the iij^de Kyng Harry is tyme the xx. yere of his regne by these wordis "Cives Exonie debent xij l̄i xix s. de firma ville sue et vj l̄i ix s̄. vj d̄. de eadem pro dimidio anno sed non debent summoneri quia Ricardus [Richardus] Rex. MS.] frater Regis Comes Cornubie habet &c." as hyt apperith of recorde as wel as yn the thrydde Edward is tyme, the vj^te yere of his regne; at whiche tyme the Cyte was seisyd yn to the kynges hondys and the Shrivey charged wyth the yssuys and profitis therof by wrytte by thes wordys "Preceptum est Vicecomiti &c. quod eandem civitatem capiat in manu Regis et de proficuis inde provenientibus" &c̄. The whiche were never by the Shyryve y aunswerid yn to the Kyng, bot at hys accomptes therof discharged and the Citee charged by thes wordis: "De qua quidem firma iidem Major et Cives restant onerandi" &c̄. And so hit proveth alwey a fee ferme as hyt is abovesayde; wythout that hit was at ony tyme y aunswerid yn to the Escheker by these wordis "de proficius aut de exitibus" &c̄.

Item to prove that the seyd Churche londis and tenantis buth noo franke fe ne ceparate ne distyncte awey fro the seyd Cytee as

they have above supposid and leyd; [and leyd] omitted. A.] furste hit is a grete prove the grete and meny dyvers provis that the Mayer and Cominalte have provid the cite at fe ferme and long contynuance as hit ys above seyd and leyde. And for more opyn prove the Mayer and Comminalte seyn that alle the Bysshoppis tenantys of that he callyth Seynt Stephyn ys fe at all tymes have be chargeable and charged wyth theym yn al maner taxacions talliages and charges, the whiche buth specyfied yn al [al] omitted. A.] theire seconnde article of compleyntes, and specyaly yn a taxe yn the furste Edwardys tyme, the vj. yere of his regne, of every mannys rente of cytees and burghes the x^th parte to the Kyng, as hit more opynly apperyth yn the fourth article of provys; at whiche tyme of assesse levy and payment made therof there was no mencion ne exception y-made of no fe lond ne tenemente dystyncte ne ceparate awey fro the seyd Citee, but al payed as hit ys above∣seyde; and the Bisshoppis tenantes specyaly as hit apperyth by rollys and the commyssyon of recorde, the whiche buth redy to shewe.

Item more and right openly hit proveth by this that the tenantis of the seide Seint Stephens fe to alle dymes y-graunted and payed to the Kyng at eny tyme, the whiche dymes buth graunted [graunted] omitted. A.] payed and made levye bot of cytees and burghes, the seyd tenantys of moste olde tyme and sythenys hath payed, and yet yn thes dayes whan hit cometh, payeth, and not by tham withsayde. And so hyt proveth opynly parcelle of the seyd Cytee or els Cyte or burgh by hym sylfe. And so was hyt never.

Item hit proveth by that that coroners of the seide Cite aughte and so have executed theire power that longeth to theire office of coronershipp as well yn the Cathedrall Churche of Excetre as yn alle other placys housis londis and tenementis with ynne the seide clos and cimitere as yn alle other housis londis and tenementis of the seide Bysshopis with ynne the seide fe whanne hit hath falle, as hit openly proveth yn the vij. article of our provys.

Item hit proveth by that dyvers londis and tenementis lyyng yn dyvers placis of the clos and amydde the cimitere of the seide [seide] omitted. A.] Cathedrall Churche, aswell as of other londis and tenementis of the tenementis that the Bisshop calleth to be of his fee, by the pre∣decessours of the Bisshop and dyvers of his tenantis of the same fe have pleded and be pleded and recovered before the seide Maier and Baillifs, and so stondeth seised at this day; and the Bisshop specially, and the housis londis and tenementis of the seid fe have passed by fynes and testamentis and y-ruled at alle tymes after the custume of the same Cite, as hit openly is proved yn the viij. article of provys of the seide Maier and Comminalte and by recordis wherof titelynggis thereafter suyth: the whiche recordis buth redy to shewe. ^bThe whiche y-shewed they truste to God and to youre gode lordshippis that hit shall stoppe ham, and they not to be receyved to seye the contrary nother the Churche housis londis ne tenementis of theiris aboveseide buth [The to buth] and is sufficient to prove that they byth nott. A.] ceparate ne distyncte fro the seide Cite bot yn and of parcell of the seide Cite and annexed to the same as they have above proved.

Item as to the seconde article of provys where the Bisshop Deane and Chapiter seyn that William Conquerrour and alle his heiris hadde the seide Cite yn theire awne hondis as theire aunceon de∣mene distyncte and ceparate fro the seide Bisshoppis tenementis till the seconde yere of Kyng Harry the thridde, duryng whiche tyme shyryves of Devonschyre accompted of yssuys and profytes therof as parcell of ferme of the shyre, and some yerys gardeynys &c. All whiche tyme the Bysshoppys tenementys were not claymed to be parcell &c. To the whiche artycle the Mayer and Communalte seyn that the contrarye of al thys artycle yn theire furste artycle abovesayde ys suffycanntly proved ^cand that they remytte yn to youre grete wysdomys. [and to wisdomys] omitted. A.]

Item as to the thrid artycle of provys, where the Bysshop Deane

and Chapytre seyn that none of the Bysshoppis of Excetre nother their tenantys ^aof theyr seyd tenementys [of to tenementys] omitted. A.] payed never rente nother didde eny servys to the lordys as tenantys of aunceon demesne: Thereto the seyd Mayer and Comminalte seyn that the seyd Byshop∣pis and their tenantys of olde tyme hau done and payed as tham aughte to do and paye and as hit ys comprehendyd yn the fyrste artycle abovesayde.

Item as to the fourthe artycle of provys, where the seyd Bysshop Deane and Chapytre seyn that the seyd Bysshoppys fro the tyme that no mynde ys have hadde a courte yn theyr seyd fe and lete and vew de frank pleg, as shal be proved by olde rollys therof, and correccion of brekyng of Assise of bred and of ale and of assautys and of alle other articles longyng to a lete and wryttys of ryght ryght sywed there: Therto the seyd Mayer and Comminalte seyn that they ne have ne aughte to have bot Courte Baron, and that longeth therto. And that is to prove by many and dyvers records aredy &c. And as to all the remanent of the same article, hit ys proved the contrary yn the furste article aboveseyde, and yn the seconde article of their provys &c.

Item as to the fyfte article of provys, where the seyd Bysshop Deane and Chapytre seyn that the Cyteseyns of the seyd Cytee hadde never liberties ne custumes before Kyng Herry ys tyme the thridde bot as burgeyses and tenantys of aunceon demene shulde have; Therto the seyd Mayer and Comminalte seyn that they and theire predecessours have hadde and used custumys and libertees by prescripcion as hit ys above proved yn theire furste article, and as they maye and ys proved yn the [the] and the. A.] nexte the vj^e article sywyng as wel yn [yn] as yn. A.] Kyng Harry is tyme the furste as hit apperith by hys chartre of recorde that they have the same liberties and custumys that London hath by thes wordys "Sciatis eos habere consuetudines Londoniensium sicud barones mei ibidem nobis testantur." The

whiche ys no nywe graunte bot proveth a prescripcion, and so hit ys alowed before Justyse yn Eyere. And as toward that they seyn that of olde tyme there were thrifty puple yn the Cite of Excetre, as who seyth to every mannys understondyng and als hit wol be take noo thrifty puple there nowe, the whiche is no mater yn substaunce to aunswere to; nerthelez hit shall be aunswered and declared among other maters yn a bulle y-brought to my Lord Chaunceler.

Item as to that they seyn that the Mayer and Comminalte of the seyd Cytee suffrid the seyd Bysshoppis and theire tenantys to be yn pease; thereto thei seyn thare was no debate ne no cause of debate, but nowe; for the Bysshoppis predecessours at that tyme and all theire tenantys didde sywe, pledid and were pledid before the Mayer and Bailyfs as tham aughte to do, and never claymed to be ceparate ne distyncte awey fro the seyd Cytee, as hit proveth by dyverse evydencys and recordys yn our articlis of provys specifyed.

Item as to the vj^e Article of provys where the seyd Bysshop Deane and Chapitre seyn that the cyteseyns of the Cytee hadde never the Cyte to fe ferme before Kyng Harry ys tyme the thrid, and that they seyn ^athat the seyd Cytee was seysed yn to Kyng E. the thridde ys hondys. And as to that they seyn [that to seyn] omitted. A.] that the Shyryve of Devonshyre was charged by writte to aunswere to the Kyng yn hys Escheker of the yssuys and profetys of the seyd Cyte; and as to that they seyn that afterward the same Kyng by his letters patentz grauntid the seyde Cyte to the seyd cyteseyns and to theyre successours to fe ferme; the Mayer and Comminalte seyn as to the seysyng of the seyd Cyte and takyng of a nywe charter, they buth not by the lawe excludid to clayme al the olde custumes franchyses and libertees by prescripcions as they didde before. And as to that they seyn that they sythenys have claymed the seyd Bysshoppis tenementys to be parcell of the seyd Cytee otherwise than ever was done before; ^bthey seyn never bot as ham aughte to do, and as they have provid yn the furste article of provis aboveseyd. And as to

all the remmanaunte of this article, hit ys proved yn theire firste article abovseyd &c̄. [they to 'tc.] which is well proved yn the first article of provys; A. which ends here.]

Thes aunsweris thus made writen and delyvered yn to your gode lordshippis, we the Mayer and Comminalte of the seyd Cyte of Excetre trustyng to God that we have after the Kyngis comaunde∣ment do writen and delyvered yn al that we aughte to do and delyver, praying you of your gode and gracious lordshippis that the Bisshop Deane and Chapitre do the same for theire parte, that yet buth byhynde of rejoynyng to our Articles and the aunswere to oure article of provys. And so the parties to stonde evyn, and over that replie to thes aunsweris, and we shall rejoyne and lete them do the same to oure articles of provis. And as we truste to God the maters by evydencis shall be so declarid that right shall opynly appere. And therapon that hit please your gode and gracious lordshippis so to make an ende after the fourme effecte and entente of our Article of supplicacion yn the ende of the Artycles of our Provis conteyned. And if eny partie be yn defaute let hym be so reulid knowed and reportid to the Kyng our soverayne lord &c̄. And that for the love of God and yn way of charyte.

Indorsed.—Copia vera. Et examinatur per Montegu et Johannem Aleyn.

The Bishop and the Dean and Chapter put in Articles of Com∣plaint against the Mayor and Citizens, which were answered by the City, and replied to by the Bishop and Dean and Chapter. These articles, answers, and replication, however, are not to be found; the anwer to the replication only has been discovered. It is as follows:

XXXV. THE MAYOR'S ANSWER TO THE REPLICATION OF THE ANSWER OF THE BISHOP.

These ben the Answeres of the Mayer Bailliffs and Comminalte of the Cite of Excetre to the Replicacion of the Answeres to the Articlis of Compleyntys of the Right Reverende Fader yn God the Bisshop of the Cathedrall Churche of Seynt Peter of Excetre, the Dean and Chapitre of the same Churche.

As to the Replicacion of the Bisshop of Excetre made &c. ayenst the Furst Answere of the sayde Mayer Baillifs and Comminalte, Where the sayde Bysshop yn his repplicacion seyth that there was an Eyre holdon yn the Shire of Devonshire afore Salamon Roof and his felowes atte Excetre yn the vtas of Seynt Martyn the yere of the regne of Kyng Edward the Furst the ix^e, and that the sayde Mayer Baillifs and Comminalte were not restored by fyn by replevyn made of the sayde libertees and franchises. And also that yn the iii^e yere of Kyng Edward the iii^de the sayde Cyte wyth the apurtenaunce was seysed yn to the Kyngis handys, yn which as after theire entent the sayde libertees and franchises of the sayde Maier and Comminalte shuld be expired and extynt and theyre answere not sufficiaunt: Therto the sayde Maier and Comminalte seyn that the repplicacon of the sayde Bisshop Dean and Chapitre is not sufficient yn lawe to exclude ham of theire claym and title of theire libertees and franchises yn maner and fourme by tham claymed; for as moche as they surmytten nor generall ne speciall seysyn therof, ne non allocucion by Quo Waranto generall ne speciall, ne leye no recorde in certeyn to conclude hem; But for more pleyn declaracion of theire custumys libertees and franchises they seyn that long tyme afore that Eyre, by protestacion that there ys non suche recorde as they seyn, atte another Eyer holden atte Excetre anno tercio of the sayde Edward the Furst and atte another Eyre holden at Excetre anno quarto of the same Kyng, the Maier and Comminalte of the sayde Cite that tyme beyng, claymed before the Justise yn

Eire at that tyme beyng, to have diverse libertees franchises and custumys and also suche libertees franchises and custumys as the Citesyns of London at that tyme hadde, whiche Cite of London at that tyme hadde all the same libertees franchises and custumys that the Maier and Citesyns of the Cite of the Excetre yn theire furst aunswere and articles claymed to have; whiche were yn the sayde Eyres to them allowed, and after that yn the sayde Eyre by the sayde Bysshop aleyed to be holden before Salamon Roof and his felawes at Excetre as hit appereth in the sayde repplicacon of the sayde Bysshop, the sayde Maier and Citeseyns seyn that they by the name of Burgeyses appered atte sayde vtas of Seynt Martyn by the sayde Bisshop alleyd byfore the sayde Salamon Roof and his felowes, and there appered and claymed all the sayde libertees and franchises in the maner and fourme abovesayde. And as touchyng the seysen by the sayd Bisshop aleyd of the sayde Cite ynto the Kyngs hondes the thirdde yere of Kyng Edward the Thirdde by the cause of the sayde Bisshop above aleyd; the sayde Maier Baillifs and Comminalte seyn that the sayde Cite anno quinto of the seyde Kyng Edwarde the Thirdd was seysed in to the Kyngis hondys salvis Majori et civibus omnibus juribus et libertatibus suis; wythoute that that hit was that the sayde Cite was seysid into the Kyngis hondis anno tercio in maner and fourme as the seyde Bisshop hath above aleyd or yn any other tyme before or after; in whiche cas the libertees and franchises of the sayde Mayer Baillifs and Comminalte at that tyme of the seyd seysone hadd and before and after were abode and contynued still yn theyr persons wythoute any ynterrupcon as they have supposed in theyre furste aunswere. Wherfore the sayd Maier Baillifs and Comminalte praith that ayenst the sayde Bisshop they may be discharged and dismyssed and use and enjoye alle theyre seyde libertees and fraunchises as they have doon byfore.

And there as the sayd Bysshopp seyth that there as the Mayer and Cyteseyns of the sayd Cite that tyme beyng, atte theire sute made to the same Kyng Edward, had by hym graunted and con∣firmed to theym by hys letters patentes whych beth confirmed by

owre Soverayn Lord the Kyng that now ys, yn whyche cas after the entent of the sayde Bysshop the acceptacion of the sayde letters patentes shuld conclude and stoppe the sayde Mayer and Citeseyns to claym any other libertees and franchises then ys conteyned yn the sayde Letters Patentes; Therto the sayd Mayre Bailliffs Citeseyns seyn that this mater ys nott sufficiant in lawe to conclude and stoppe theym; bot that they may clayme alle the libertees and franchises the whyche they yn theyr furst Articles and answeris have claymed And there as the sayd Bysshop alleggeth that atte an Eyer holden anno ix^o Edwardi primi atte Exceter claymed to hold plees wythynne the sayde Cite de vetito namio and none other; Therto the sayde Mayer Baillifs and Comminalte seyn that they claymed to hold plees yn the sayde Cite de vetito namio, returna brevium, extracta finium and assise of bred and of ale amonge other libertees and franchises as they have claymed above; wyth oute that that they claymed to holde plees de vetito namio only and none other. And also where the sayd Bysshop alleggeth that sythen the tyme of mynde when any plees or recordes have be broght and removed out of that Court ynto the Kyngs Court atte Westminster the titlyng of the sayde plees have be made "Exon scilicet Placita tenta ibidem coram Majore et Ballivis &c. juxta libertates eisdem Majori et Ballivis concessas," yn which cas the sayd Maier Bailiffs and Citesyns sholde clayme to have theire libertees and jurisdiccons by force of the Kyngys letters patentes and not by prescripcion; Therto the sayde Mayer Bailliffs and Comminalte seyn that they ne thaire predecessours never made certificat ne retorne into the Kyngys Court other wyse ne in other maner bot accordyng to their title of prescripcion abovesayd other accordyng to thaire clayme and title of libertees and franchises by the Kyng oure Soverayn Lorde and his progenitours to them graunted and confirmed. And there as the sayde Bysshop seyth that the sayd Maier Bailliffs and Comminalte ne none of theire predeces∣sours never hadde used ne enjoyed jurisdiccions libertees franchises coreccions and determinacions of offensis trespasses dettes contracts ne of non other matiers ne accons of affraies done or made ayenst the

Kyngs pees ne of none other thyng don by twene parti and parti tochyng plee reall or personell wythynne the sayde Cathedrall Churche Cimitere and fee of tyme that no mynde ys as they have surmitted yn thaire Aunswer; the sayd Mayer Bailliffs and Comminalte seyn that they knowe of no suche fee as the sayde Bysshop hath above reherced. But they seyn that the Maier and Bailiffs of the sayde Cite and all theire predecessours of tyme that no mynde ys ben and have be seysed of alle the seyde jurisdiccions libertees fraunchises correccions and determinacions of offenses trespasses dettes contractes and other matiers accions and affraies don or made ayenst the Kyng's pees and of all thyngs don bitwene parti and parti tochyng plee reall or personell wythynne the sayd Cathedrall Churche Cimitere and wythynne all the tenements of the sayd Bishop, beyng wythynne the sayd Cite, yn maner and forme as they have aunswered above; which mater they will averre. And as tochyng to that that the sayd Bisshop seyth that there as the seyd Maier and Citeseyns seyn that they have jurisdiccions libertees and fraunchises as ys aboveseyd as well by severall Letters Patentes of divers progenitours of oure seid Soverayne Lord the Kyng and by hym confermed as fro tyme that no mynde ys; the seyd Bisshop prayth of hyryng of the seyd Letters patentes and that they may be shewed for he knowyth none suche of recorde; Thereto the sayd Maier Baillifs and Citeseyns seyn yff the Bisshop wyll sey that ther ys none suche recorde, they byth redy to averre that ther ys suche recorde, so that they have day tyme and place resonable to bryng hit forth. And as to that that the seyd Bisshop Dean and Chapitre seyn that the seyd Cathe∣drall Churche and Cimitere ben no parcell of the sayd Cite, but out of tyme that no mynd is have be dystincte and separate fro the same as hit shall be proved by mater of record; the sayd Maier Bailliffs and Comminalte seyn ther ys no suche recorde as th[ey surmetten] but they seyn they will averre by recorde and otherwyse that hit is and at all tymes hath ben parcell yn and of the [same Citye].

II.—Item as to the seconde repplicacion of the seide Bisshop to

the seconde answer of the seide Maier Baillifs and Comminalte; the seide Maier Baillifs and Comminalte seyn that their answer is not sufficiantly repplied to with that they will averre all thyngs con∣teyned yn theire seide answere, and pray yow that of the seide Article they be utterly descharged and dismyssed.

III.—Item as to the iii^e Article they seyn that the seyde assessours ne have otherwyse assessed the tenauntis of the seide Bysshope ne yn none other maner then ever hit hath be at alle tymes used and accustomed and accordyng to the afferant of the charge for the tyme beynge and accordyng to their Answer abovesaide.

IV. V.—Item as to the repplicacion of the iiii^e and the v^e Answeris of the seide Maier Baillifs and Comminalte, they seyn that their Answeris beth gode and sufficiant yn lawe, the whiche they beth redy to averre and to prove sufficiantly that the seide Cathe∣drall Churche and Cimitere ben yn and of the seide Cite and withynne their liberte franchise jurisdiccion and power yn maner and fourme as yn their Answer more pleynly ys conteyned.

VI.—Item as to the vi. repplicacion of the seide Bisshop Dean and Chapiter, the saide Maier Baillifs and Comminalte seyn like as they seyde yn their answer above that they understonde not that they bith bounde oghte by lawe to the seide Article to answer as they have abovesaide, withoute they wer made party to the same. And as therto as hit is supposed that the seide John Hulle tyme of the pollutyng surmetted was Maier of the seide Cite and divers of the officers and of the Comminalte ther helpyng assistyng and supportynge hym yn the saide affray; yn which cas hit shold be the part of the seide Maier and Comminalte therto to answer: they seyn by protestacion they know no suche affray; but for as myche as they surmette not the saide affray to be don by the seide Maier and Comminalte nor by their commandement but by synguler persons; yn which cas they aughte not by lawe therto to answer;

they pray yow that therof they may be discharged. And as for the violent shedyng of blode and pollutyng of the Churche of one John Pawton, they seyn that therto they have yeve sufficiant answer, the whiche they will averre. But for more pleyn declara∣cion the cause and the grounde of shedyng of the seide blode more pleynly appereth yn an answer by the seide Maier and Comminalte ayenst the seide Bisshop Dean and Chapiter surmetted afore yow putte. The whiche yet by tham abideth unanswered.

VII.—Item as to the vii. repplicacion the seide Maier Baillifs and Comminalte seyn that they have sufficiantly answered therto, as they understonde, and made sufficiant justificacion of the wrong by them supposed, the which they beth and at alle tymes will be redy to averre. And as touchyng the graunte by oure Soveryn lorde by his letters patents late to them made, they seyn that the seide letters patents after their entent bith voide and of none effecte yn lawe consideryng their answer therto made and also their compleynt ayenst the seide Bisshop Dean and Chapiter, by the whiche the right title and clayme of the seide Maier and Comminalte pleynly appereth: ayenst whiche right title and clayme the seide nywe letters patents be direct contrary; wherfor they byseke yow this premissis considered that of their compleyntis they be discharged and that they may pesibilly enjoye use and have their custumes libertees and franchises as their predecessours have done before ham.

VIII.—And as to the viii. repplicacion of the seide Bisshop Dean and Chapitre, they seyn that alle the mater conteyned yn their viii. Answere to their compleyntis is gode and true, the whiche they beth redy to averre. And as touchyng the grete consideracon after their entent of the lementable injuries that they suffren by mene of som of their unkynde children, and also wilfulness of certyn persons of the seide Cite, and also yn eschewyng of menyfolde yncon∣venyencis, they desiren hasty remedy of the seide strife; and also

how by divers membres of the seide Mayer and Comminaltees answers they fayne and coloure their answer with sotelnesse yn desiryng of lenger delay; therto the seyde Mayer and Commi∣nalte seyn that the seide consideracons excepte oon touchyn certyn persons of the seide Comminalte covertely and sotelly yn maner and fourme of disclaunder; the which longeth not to gode faderhode ne to priesthode to do, the whiche yf tham luste to declare so hit touche the seide Maier and Comminalte they ben redy therto to answere. And as touchyng that poynt that the seide Maier and Comminalte sholde fayne and coloure their answer with sotelnesse yn desiryng of lenger delay, they remytte tham to your grete wyse∣domes and to their answeris repplicacons and articlis, lowly and mekely desiryng yow, oure lorde Chaunceller, and yow oure other lordis the premisses to consider and how alle the lementable injuries sotelnesse wilfulnesse debate and strif commenseth and begyneth yn their part and not yn the part of the seide Maier and Commi∣nalte, and so to ende the mater after their compleynts herde and as far as gode feith right and true consience wyll and requiren, or ellis to remytte hem to the comyn lawe, the right there be tried and determyned. And y John Shillynford nowe beynge Mayer of the Cite of Excetre byseke yow yn the lowlokyst wyse that for as myche as the seyde Bysshop Dean and Chapiter have noysed by their writynge not pleynly declared of divers thingis as hit appereth yn the seide writyng and of divers other thyngis yn coverte wyse as hit is to suppose, that hit like yow so to rule the seide Bysshop Dean and Chapitre that they yn pleyn wyse nude and open may put yn yn wrytyng alle thyngs the whiche they fele ham greved of, so that the seide John Shillyngforde may have thereto an answer, the which he trusteth to God he wyll spedely answer to the plesance of yow and his pleyn excuse and declaracon.