1535
26 July.
R. O.1108. T. Lord Monteagle to Henry VIII.
I and other justices of the peace of the county of Lancashire held a session at Preston, 21 July, to make inquiry of the riots committed in the same county, at which 10 of my servants were indicted for assembling at Melling in Lonesdale, Lane, to take a distress out of the fold distrained by Sir Marmaduke Tunstal for the fine of a rescue claimed by him. To oppose them Sir Marmaduke selected 500 persons, but 16 only whose names could be known were indicted. Also, at the same sessions, Adam Hulton, of Hylton, was indicted for riotously assembling to prevent me keeping a court at Westhawghton, where I am steward to the monastery of Cokkersand; insomuch that I required Barth. Hesketh, a justice of the peace, to grant a warrant for their good behaviour. On which Hulton collected a rabble and defied me. I summoned him and others to appear at Walton Hall in the said county, but all refused; on which I sent officers to take them at their dwelling-houses, but all had fled, with the exception of Hulton and Ric. Hogekynson. As I was informed that Hulton was at his house, I sent 12 of my servants to take him; and on his wife and servant swearing that he was not within, and refusing to allow my servants to make search, they broke open the door, and found him locked in a great chest, and brought him to me; whom, with Hogekynson, I have sent to the gaol of Lancaster. HornebyCastle, 26 July. Signed.
Pp. 5. Add. Endd.
1535
29 July.
R. O.1133. Sir Marmaduke Tunstall and Sir James Layburn to Cromwell.
We have been at Cockermouth, in Cumberland, 27 July 27 Hen. VIII., and examined in certain riots committed by Will. Lancaster, of Hawtclyff in Coldbek, Giles Taylor, of Santon, John Tolynson of Cleter, and others, occasioned by the enclosure of a moor near Fressyngton and Cleter, the inheritance, as it is said, of John, father to Dr. Lyght. Desire to know what punishment is to be inflicted. Kendall, 29 July. Signed.
Pp. 2. Add.: Secretary. Endd.
1521
2. Complaints against Thomas Earl of Derby.
"Articles of riots and assemblies and other unlawful offences commit and done by Thomas earl of Derby and his retinue."
He caused John Butler and John Talbot, esquires, with more than 200 of his retinue, "in most riotous manner to keep the King's fair at Whaylley," notwithstanding the King's command. He caused proclamations to be made in his name, and charged the King's officers not to meddle in anything that day on pain of their lives. Though the riot was found afore the justices of the peace, no condign punishment has been had. The fair has been kept at Whallay twice in the year time out of mind, but the Earl has caused it to be "laid away." Divers gentlemen of his retinue, who killed many of the King's deer in the forest of Bolland by night and day and were indicted, are so favored by Mr. Justice Conysbe "in their fines sessing, that they report they can have better price of hart's flesh than of beef." A man stole 100l. of gold and money from his master, and fled till he came to the Earl's servants, whom he prayed to aid him, saying he had slain one of Sir Richard Tempest's servants; so they took money of him and said they would convey him to the Isle of Man; but he was pursued, attacked, had to gaol at Lancaster, and impeached at the sessions, when such favor was shown him that he remains there till this day. Also, the Earl commanded his servant Sir Henry Kygheley, with 800 persons, to go to Preston and put out a chantry priest there, and put in another against the will of the burgesses. A special sessions was had to inquire into these and other riots, and the sheriff commanded divers of the King's servants to be there with their friends, who were impanelled. The justice "took the impanels, and with his pen he marked and wrote a M of all lord MounttEgle friends upon their heads, and also a T for all Sir Richard Tempest friends, and B for all Mr. Butler friends, with divers such other, and crossed them forth of impanels wholly, and charged them all to avoid the town, except only they that favored the Earl's causes."
These offences have been complained of to the Chancellor of the King's duchy, "and as yet but little punishment or remedy."
1535
27 Aug.
R. O.196. Sir Richard Tempest to Cromwell.
The men committed for riots remain in prison. Thinks some might be bound to appear before Cromwell next term. Assuredly, they have had strait punishment, are poor men, and if they remain in prison, their harvest ungotten, they will be unable to pay their farms. Bollyng, 27 Aug. Signed.
P. 1. Add.: Master Cromwell, Secretary to the King's Majesty. Endd.
29 Jan.1537
R. O.281. SIR HENRY SAYVYLL to CROMWELL.
The country for 20 miles round where I dwell is in good condition. From Sawllay Abbey Northwards those who have little are still wild; but I trust before Easter to see them quiet. The gentlemen prepare to meet my lord of Norfolk. Riots are used daily, and correction of them will do good. Religious houses keep not their injunctions, but say the commons compelled them to use their old fashions; but I marvel they continue it since the pardon. The abbot of Crystaull made a fray, since the pardon, on Sir Chr. Danby's servants and divers were hurt on both sides, "and a monk or two hurt." Now they are going to stop the matter by agreement. The "lightness" of the abbot is cause enough to depose him; and a good man there (for it is a house with great lands) would do the King good service. The poor man on whom the fray was made has promised not to treat without consulting me. I send you a letter of the vicar of Braton's showing how he visited under Aske in these parts. I have seen a letter of lord Darcy to the gentlemen of the west parts of the honour of Pomfret to give credence to the bearer, who was Thos. Lacy, a servant of Sir George Darcy, and hasten to PomfretCastle. He had given up the Castle before he sent Lacy, and when they came he caused them to be sworn. Few gentlemen would rise with him if he would "melle" any more. At this petty insurrection at Hull I suppose the procurers were not there but had set light persons on to prove the country. Sotthyll Hall, 29 Jan. Signed.
27 Oct.
15351314. Henry Earl of Cumberland to Cromwell.
R. O.On receipt of your letters for the delivery of those committed to prison by Sir Richard Tempest and the other commissioners, took bonds for their appearance Crastino Animarum. Skypton, 27 Oct. Signed.
P. 1. Add.: To Master Secretary. Endd.
27 Oct.
15351315. Sir Richard Tempest to Cromwell.
R. O.According to your command, these poor men are bound to appear before you Crastino Animarum. Does not find they meant anything but to pull down the dyke of an enclosure made by John Lambard, which they say they ought to have in common. From Bollyng. Signature in a clerk's hand like the letter.
P. 1. Add.: Mr. Crumwell, Secretary to the King's noble grace. Endd.
Morrow of all souls = crastino animarum
378. LORD DARCY] to SIR RICHARD TEMPEST.
"Cousin, at the reverence of God, without delay or tract of time take some sad and discreet direction betwixt my lord Clifford and you, and such other commissioners as be joined with you for your quarters, for the speedy return of the money sessed, with the names of the collectors." If this be not done with diligence, "all we that be in the said commission shall run in the King's high displeasure," as may be seen by his late letters missive sent to all the commissioners of the subsidy, "and besides that, run in great penalties in the Exchequer," and be "noted lag;" for all the other commissioners are ready to make their returns, and tarry "upon your quarters, and quarters assigned to Sir Wm. Gascon by his desire, who will be advised by my said Lord, and appoint with him, as he showed my servant." The others were ready "before my departure over sea (?)." Urges him to appoint meetings, and determine when they will be meet for the return; "and of all these parts ye shall not be tarried three hours."
Draft, in Darcy's hand, p. 1. Endd.: A copy of the letter sent to Sir Ric. Tempest.
1527 18. John Norton, Tho. Ryder, Roger Lassel and Walter Bradford. Commission to make inquisition in co. York concerning the lands and heir of Elizabeth late wife of Roger Tempest and late wife of Edw. Redmayn, dec. Westm., 18 May.—Pat. 19 Hen. VIII. p. 1, m. 19d.
16 June.
1532
R. O.1100. Sir Richard Tempest to Cromwell.
Thanks him for his goodness to his son-in-law Thos. Waterton, the bearer, and to his son Thos.Tempest. Requests him to obtain for Waterton long days of payment to the merchant for the lordship of Burne. Has provided a Northern gelding for Crumwell, which, if peace be, he will bring himself this summer. If it be war, begs Cromwell to have him in remembrance to the King, that he may be appointed where he may do best service. Bollynge, 16 June. Signed.
P. 1. Add. : To the right honorable and his especial good master, Thomas Cromwell, councillor to the King's highness. Endd.
1532 725. Yorkshire Weirs and Fishgarths.
"Commyssioners to be namyd in the commissions for reformations of weres and fischegarthis and other nusances in the grett ryvers, and also for the commyssion of suers in the countye of Yorke, (fn. 1) besyds thaym that be namyd and apoyntyd in the commyssion a redy sende in to the seid countye."
East Riding : The abbot of Meulx, prior of Bridlington, Sir John Counstable, Sir Rauff Ellerker, the younger, Sir Peter Vavasor, Chr. Hillierd, Thos. Metham, John Aske, Edw. Saltemarche, Robt. Crake, Walter Grymston, Chr. Thirkilde, Thos. Langton, Wm. Twats, Gervaise Cawood.
West Riding : Lord Darcy, the abbot of Kirkstall, prior of Bolton, prior of St. Oswald of Nostell, Sir Ric.Tempest, Sir Robt. Nevill, Sir Wm. Middilton, Sir Nenyan Markenfeld, Sir Wm. Mallyverer, Wm. Ingilby, Brian Hastyngs, Ant. Clyfford, Stephen Hamerton, Wm. Plompton, Rauff Reresby, Wm. Frost, Thos. Grice, Thos. Beverley, Henry Pudsey, Walter Bradford, Ric. Basford, John Lambertt.
North Riding : The abbot of Whitby, the abbot of Byland, the prior of Gisbourghe, Jas. Metcalf, John Norton of Norton, John Dawney, Roger Lassulls, Edw. Gower, Roger Cholmeley, Rauff Rokesby, John Barton, Chr. Foulthorpp, Rauff Batty, Miles Staveley, Robt. Manyll, Wm. Rokesby, Ric. Segisweke, Matthew Witham.
Mem.—For like commissions to be made for York, Hull, and Scarborough, and for their liberties.
Pp. 3. Endd.
1533
1 Feb.
R. O.107. Sir George Lawson to Cromwell.
I have received of my brother Richard, your servant, 3,000l., and indented with him for it. After the payment of 500l. to my lord Dacres, of 250l. for the costs of the last 1,500 men at 3s. 4d. each, of the wages of the first 1,000 men due on March 5, and of the last 1,500 men on the 5th Feb., there will remain in his hands about 150l. So the said supplement will cry for their wages beforehand. Reminds him of the contents of his long letter from Newcastle on Jan. 18. Regrets the great charge the King is put to, "being so good and gracious Lord as he is every way," and no exploits done against the enemies ; 5,000l. has been spent since anything has been done worth writing. During this stay at York has written several times to my lord of Northumberland that the garrisons should be doing something. At his arrival on the Borders, will urge my Lord and the Council to do some notable act at the full of the moon next week. Afterwards the King might send for Sir Richard Tempest, and Lawson would be glad to come with him to explain the state of affairs. Has shown part of his mind to the bearer, Richard, your kinsman. Begs him to send money for the 1,500 men, to make them equal in their month's wages with the first 1,000 men, that the whole of the garrisons may be paid to the 5th March. Hears that divers persons have bought corn in Holderness, intending to send it to London,—corn being, as he has written, as cheap in the North as the South. Begs a letter may be sent from the King to the customers of Hull, to allow no corn to go out of these parts, except to the King's use, without special licence. York, at my departure northward, 1 Feb.
P.S. in his own hand.—Thinks the abbeys should bear more of the charges in these parts. God's service might be as well maintained, and yet the King's highness might have a good part of what the abbots and priors prodigally spend. Signed.
Pp. 3. Add. : Master Cromwell, Esquire, and of the King's most honorable Council.
4 Feb.1533
Rolls of Parl.119. Parliament.
Held by prorogation at Westminster, 4 Feb. 24 Hen. VIII.
Admission of —, abbot of Burton, to his seat by virtue of a writ of summons dated 30 April 24 Hen. VIII.
Acts passed on the following subjects :—
1. In favor of Walter Walshe.
2. Letters patent to the town of Hull cancelled.
3. The tanning and currying of leather.
4. The dyeing of wools.
5. Flesh to be sold by weight.
6. Sowing of flax and hemp.
7. "Where a man killing a thief shall not forfeit his goods."
8. Sale of wines.
9. Act renewed against killing calves.
10. "Where defendants shall not recover costs."
11. Against killing young beasts called wendlings.
12. To destroy choughs, crows, and rooks.
13. For paving the Strand.
14. Appeals to Rome forbidden.
15. Against excess in apparel.
16. Butchers licensed to slaughter cattle within London.
Cleopatra, F. II. 249. B. M.
1533122. Tithes.
A paper complaining of the heaviness of the tithe paid by tillers as compared with graziers. If it be true that the charges of cultivation stand the ploughman in 13s. 4d. an acre of wheat, as is mentioned in a bill once read in the House, it seems that the curate has half the poor man's gains by the name of a tenth. He who keeps his ground in pasturage pays but 8d. of the noble, which is not full two groats for six acres of land ; whereas the tiller may pay 10s. for six acres, and if his crop is a loss he still has to pay. If this inequality were remedied, tillage would marvellously increase, to the setting on work of many or all the vagabonds, and to the great wealth of the realm.
Pp. 2.
1669. Yorkshire.
R. O.
1534“A remembrance for the right honorable Mr. Cromwell, secretary to the King's highness, of certain business and matters in Yorkshire.”
To send out process to levy the King's fines, as the gentlemen have not appeared to avoid the contempt of the King's letters. If the commission is returned into the Exchequer, which was delivered in by Sir Marmaduke Constable upon the inquiry of Flokkers, (fn. 20) it will discharge process, which comes every term against the commissioners.
Whereas Cromwell retains the presentments of the flokkers and false clothmakers in Yorkshire, they now act much worse than ever they did. This must be reformed shortly, or the country of cloth makers will be impoverished. To speak to Mr. Spylman and Mr. Bawdwyn (fn. 21) touching two prisoners in YorkCastle, one of whom is arrested for gold coining and the other for words against the King, as appears by Sir W. Gascoinge's letter. Touching the King's right in Yorkshire, every man claims liberties, of which the reformation rests with Cromwell. Touching the keeping of the King's sessions in Yorkshire, there is no manner of matter which hath bearing, but it is only by justices of peace, of whom there are a great number in every riding. Those who are of the most power and worship bring their juries to the sessions and reform the sheriffs' returns. If the following persons were discharged thereof, it would much quiet the shire and further justice. West Riding: Sir Ric. Tempest, Sir Hen. Sayvell, Sir Wm. Gascoigne. East Riding: Sir Robt. Constable, Sir Wm. Percey, Sir Rauf Dure (Eure). North Riding: Roger Lassels, John Lecton, Sir Edw. Gower. “These be men of great authority, and might do the King's highness high service and minister justice to his subjects, but as yet in this point that doth not appear, which moveth me of no displeasure, but of my poor truth to inform you of the same.” The King's felons, murderers and outlaws are cloked, colored and maintained by stewards and bailiffs of liberties, so that the King's process has no place, and he is not answered of any profits on the said offenders, which causes his laws much less to be dreaded. There are many of them in the shire out of all sanctuaries. Great and common extortions are used by men of power and worship, and daily increase, unless remedy may be had. At York, where they have lately executed justice and reformed the sensual opinions of the commonalty, it is necessary to set and establish the guild therein, and help the city against the earl of Rutland. In my poor opinion, the city can never increase unless the idleness of the people may be reformed and the confederates of the idle people avoided. The King has not, in York or near, any house able to lodge his commissioners or councillors except the site of a castle which is in ruins. If the castle were repaired it would be a great help hereafter. The debts and profits of the shire would probably mend it, if the King's laws may have place.
There are two great sanctuaries in Yorkshire, beside the bishopric of Durham, where all murderers and felons resort, and have at least 100 miles' compass. Recommends that Durham alone should be sanctuary. Offers his services, but is not desirous of authority.
Pp. 3. Endd.