John Mitchell and others, copyholders of East Bergholt, vs. William Cardnall senior, Thomas Walton, William Cardnall junior, and others; to establish fines certain on admission.

NB: Xpofer = Christopher

PRO C2/ELIZ/M7/54 (9 January 1589)

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PRO summary: Plaintiffs are copyholders of the manor of East Bergholt, which was late the inheritance of the earl of Oxenford, and they and their ancestors held their lands on paying certain moderate fines on admissions, but defendant Cardnall senior, having purchased the said manor of the said earl, has attempted to impose exorbitant fines.

PRO C2/ELIZ/M7/54/1 (complaint)

To the Right honorable Sir xpofer Hatton of the noble order of the garter Knight Lord Chaunceler of Ingland

Humbly Complayninge sheweth vnto yowre Lordshipp yower daylie Orato{urs} ^\\Iohn Mitchell// xpofer Burroughe xpofer Lewes ^\\and// Rob{er}te Lincoln al{ia}s Skinner [and Iohn Mitchell] of Eastbergholt in the said [.] Countye of Suff' That wheras yowre Lordshipps Orato{u}rs were and yet are seased in their demeanes as of fee of and in divers and sundrye Customarye Messuag{es} Land{es} and ten{emen}t{es} holden by Copie of Court Roll by W{illiam} Cardnall gent' as of his Mannor of Oulde Hall in Eastbergholt aforesayd (of w{hi}ch Mannor the Right Honorable the nowe Earle of Oxenforde and his ancesters were long time seased of yowre Orato{u}rs (and they whose estate yowre Orato{u}rs have in the sayd Copie holde Messuag{es} Land{es} and ten{emen}t{es} by all the tyme that the sayd nowe Earle of Oxenforde and his auncesters were seased of the same Mannor quietlye and peaceablye d[[i]]d inioye their estates in the sayd Messuag{es}, land{es} and ten{emen}t{es} doinge their servic{es} and payeinge their rent{es} accustomed to be done for the same / w{i}thout anie manner of exacc{i}on of anie great fines for their admittanc{es} thervnto other then the Value of one yeares Rent payable to the Lord of the sayd Mannor by meanes wherof their were ^\\w{i}thin the saide Towne of Eastbergholt// great store of inhabitant{es} beinge Clothiers of w{hi}ch the sayd Towne of Eastbergholt cheifelye consistethe, But nowe so it is yf it may please yowre Lordshipp that the said Will{ia}m Cardnall havinge purchased the sayde Mannor of the said Earle (p{ar}telye by the p{er}swasion of Thomas Walton gent' his stward of the sayd Mannor, And of Will{ia}m Cardnall the younger of Hadlye in the sayd Countye of Suff' gent', and p{ar}telye of the sayd Will{ia}m Cardnall the elder his covetous minde) suche vnconscionable fines have bene and daylye are exacted of them for their admittanc{es} to their Copiehold{es} holden of the saide Mannor as were not before his tyme at anie tyme demanded or sett, And ^\\besides// from Court to Court ^\\they// have threatned yowre Orato{u}rs w{i}th seasure of their Copieholde Messuag{es} land{es}, and ten{emen}t{es} except they would p{re}sent vppon their othes whatsoever the sayd Will{ia}m Cardnall \\the elder Will{ia}m Cardenall the younger// and Thomas Walton woulde have them to finde to fitt their purposes albeit neyther yowre Orato{u}rs do of their owne knowledge knowe the same to be true nor anie evidence given them to lead their conscienc{es} to finde and p{re}sent the same vppon their othes And of late at a Court holden by the sayd Will{ia}m Cardnall ^\\the elder// at and for the said Mannor about the third day of Aprill last past, the sayd Thomas Walton beinge then Stward about eleven of the Clocke in the forenoone dep{ar}ted out of the sayd Court w{i}thout anie adiorneme{n}t therof to the house of the sayd Will{ia}m Cardnall ^\\the elder// and wheras all that day longe yowre Orato{u}rs had done their service vnto the sayd Court in most dutifull manner that reasonablye could be required yowre Orato{u}rs at the sayd Court beinge sworne vppon the Homage cominge to the sayd Thomas Walton the stward of the sayd Mannor at the house of the sayd Will{ia}m Cardnall ^\\the elder// (beinge out of the sayd Mannor) to yelde vp their verdict and p{re}sentm{en}t of suche thing{es} as they had ^\\bene before charged with and had// inquired of and agreed vpon the said Thomas Walton by the procurem{en}t of the sayd Will{ia}m Cardnall the younger, did tell yowre Orato{u}rs that one Thomas Cole A Customarie ten{au}nt of the sayd Mannor of one Cottage and A Roode of lande w{i}th thappurten{au}nc{es} called Thackers lyeinge in Eastbergholt aforesayd had made A lease of the same to one Thomas Catringham for two yeares payenge xxs by the yeare contrarye to the Custome of the sayd Mannor, And did further tell yowre Orato{u}rs that the sayde Thomas Cole in open Court had confessed the same and therfore then and their required yowre Orato{u}rs to goe and inquire therof and to p{re}sent the same, whervppon yowre Orato{u}rs went togither to consider of the said lease, And because no p{er}son did depose the same to be [true] ^\\made// in suche sort as the stward had Alledged nor anie other evidence was given to leade yowre [Lordshipps] Orato{u}rs conscience{es} vppon their othes to find the same ^\\and// as yowre Orato{u}rs are p{er}swaded their cannot[?] yet ^\\any such witnesses// be produced, And for that allso yowre honors sayde humble Orato{u}rs had heard it Comonlye reported that by the Custome of the sayd Mannor a Copie holder might make a lease of his copie holde land{es} for the Terme of two or three yeares (the certeintye wherof yowre Orato{u}rs then knewe not) And because yowre Orato{u}rs doe knowe of their owne knowledge that the saide Cotage and woode of land was not then worthe yerely to be letten aboue five shilling{es} A yeare at the moste the sayd Cotage beinge in so great decay / And because the said Thomas Walton did not tell yowre Orato{u}rs that Cole had confessed so muche vntill the sayd Cole was out of Towne and then not to be talked w{i}th And allso for asmuche as yower sayd Orato{u}rs had had experience of the vnindifferent dealinge of the said Thomas Walton w{i}t{h} them, and yet (beinge Copie holders of the sayd Mannor and beinge desirous that neyther the sayd stward nor the lorde himself shoulde take anie displeasure nor have anie color to be offended w{i}th them) they agayne resorted to the sayd steward and for that they had served and done their dutie (as copie holders ought to do all that day before,) and had neyther sufficient evidence to leade their conscienc{es} to find the sayd lease nor sufficient tyme (the day beinge farre past) to make inquiry therof, desired him to give them some Longer tyme for to inquire of the sayd supposed Lease wherbye they might neyther iniurye [=injure] the sayd Cole, nor the Lord of the sayd Mannor, nor offend their owne conscienc{es}, and w{i}th all offered their former verdict and p{re}sentm{en}t and humblye desired some longer tyme to give in their verdict concerninge the sayd supposed Lease, w{hi}ch said verdict and p{re}sentm{en}t so offered the sayd steward then and their w{i}th good allowance receyved and accepted, But vtterlye denied to give anie further tyme for the inquirye of the sayd supposed lease, whervppon one of the sayd Homage sayd vnto the said stwarde that he was doubtfull whither Cole did confesse so muche in open Court as the sayd stward had enformed them or no ^\\And// the said Stward then said it was not in open Court but before sufficient wittnesses, wherin when the sayd Homage did find the sayd Steward to varye from his former speaches they were the rather desirous to have some further respite for inquiringe therof and earnestlye desired the said stward thervnto but he vtterlie refused to grant their request And forthw{i}th in a great rage willed one Mathewe Smithe being his man p{re}sentlie to enter some matter into the Court booke of the sayde Mannor and thervppon the sayd Thomas Walton Mathewe Smythe and Will{ia}m Cardnall the younger or some of them or some other by ther or some of their procurem{en}t have made divers entres ^\\aswell// into the sayd Court booke [or] ^\\as into the// Court rolls of the said Mannor concerninge the lease aforesaid And thervppon seu{er}all seasures of all yowre Orato{u}rs Copiehold Land{es} & ten{emen}t{es} were afterward{es} awarded w{hi}ch note so entered when yowre Orato{u}rs p{er}ceyved they desired the said stward he would not be offended, for if their request might not stand w{i}th his likinge, they would goe agayne to inquire of the sayd Lease and p{re}sent as their conscience should lead them. But the sayd stward then in displeasure about viij or ix of the Clocke at night dep{ar}ted from them, And in the morning earelie yowre Lo{rdships} sayd Orato{u}rs did come againe to the sayd lord ^\\and Steward// to desire their favours and further did desire them not to think that yowre Orato{u}rs had done anie thinge in contempt, but onlie were desirous to have their conscienc{es} satisfied and therfore prayed a further day to give their verdict touchinge the sayd supposed Lease w{hi}ch when the said Lord & steward had denied them yowre Lo{rdshipps} sayd Orato{u}rs offered to have made A verdict accordinge to their conscienc{es} touchinge the sayd supposed Lease / But the sayd Steward then answered that his pen should not goe in vayne, since w{hi}ch time all yowre Orato{u}rs Copihold Messuag{es} Land{es} and ten{emen}t{es} by warrant from the said Lord & steward were seazed after w{hi}ch seazure about the xxvij daye of May last past the sayd stward did keepe an other Court for the said Will{ia}m Cardnall the elder, for the said Mannor, at w{hi}ch Court the sayd Lord & steward did practise together to bring yowre Orato{u}rs to confesse they had offended in not p{re}sentinge the sayd supposed Lease And to p{er}swade yowre Orato{u}rs ^\\the// rather to consent thervnto they offered that yf yowre said Orator would confesse theire offence & submit themselves to the Lord{es} mercye they would regrant vnto some of them their Copiehold Messuag{es} Land{es} & ten{emen}t{es} by Copie of Court Roll agayne; to w{hi}ch p{er}swasion aswell because yowre Orato{u}rs did knowe they had not offended as allso because their Copiehold Messuag{es}, Land{es}, and ten{emen}t{es} (w{hi}ch they should thereby put in danger) were of verye great value, and the moste p{ar}te of some of yowre Orato{u}rs substaunce, as allso because yowre Orato{u}rs knewe not howe their sayd Messuag{es} Land{es} and ten{emen}t{es} by suche act might be incombred, yowre said Orator would not agree And thervppon at the sayd Court the said Lord & Steward did in the p{re}sence of yowre Orato{u}rs grant certeyne p{ar}cells of yowre Orato{u}rs Copiehold (so by them by Coulor of the said supposed forfeture seased) vnto one Will{ia}m Webb, whom (by some confederacye betweene the sayd Will{ia}m Cardnall the elder Thomas Walton Will{ia}m Cardnall the younger Mathewe Smythe, & Will{ia}m Webb before hand had) they had (as it seemeth) brought thither for that purpose, who being towar{es} the Lawe meaneth & threatnethe to Comence suit agaynst yowre Orato{u}rs for occupienge of the same Copiehold landes & ten{emen}t{es}, And the said Will{ia}m Cardnall to manifest his hard dealinge further to the world threatnethe yowre Orato{u}rs & givethe it out in speaches & intendeth (as is it to be feared) that if he p{re}vayle not in obteyninge yowre Lo{rdships} Orato{u}rs said messuag{es}, land{es} and ten{emen}t{es} by colour of the said p{re}tended forfeyture, yet yf the said Copie hold Land{es} or ten{emen}ts come anie waies into his hand{es} by surrender or otherwise yf he cannot p{re}vayle by coulour of the said supposed forfeture he will revenge himself by exactinge suche fines as shall seeme good to him In tender Considerac{i}on wherof and inasmuche as suche entres into the sayd Court booke and Court Rolls of the sayd Mannor as hath beene made concerninge the sayd supposed forfeture may heer after breed some disquiett & troubles in lawe wherby yowre Orato{u}rs or their posteritie (when the truthe concerninge the p{re}misses shall not p{er}adventure be so well knowne or able to be proved), And for that the sayd Lord & steward do exacte vnreasonable fines more then ever have bene heeretofore payd or demanded, vppon discent{es} & admittanc{es} And for that also yower Orato{u}rs hope that the sayd Will{ia}m Cardnall \\the elder// Thomas Walton ^\\Will{ia}m Cardnall the younger// Mathewe Smythe & Will{ia}m Webb will vpon their othes seu{er}allye confesse the truthe of eu{er}ie[?] p{ar}ticular matter layd to their severall Charges (Whervnto yowre humble Orato{u}rs pray they may be vrged) And for that allso your Lordshipps said poore Orato{u}rs have no remedye by the Course of the comon Lawes of this Realme to have suche fines (as vnconscionablie) they be threatned w{i}th mitigated to some reasonable rate May it please yowre Lordshipp the p{re}misses considered to grant vnto yowre Lordshipps Orato{u}rs hir Ma{ies}ties most gracous writt of Subpena to be directed to the sayd Will{ia}m Cardnall the elder Thomas Walton Will{ia}m Cardnall the younger, Mathewe Smythe and Will{ia}m Webb therebye comaundinge them and everye of them at a certeyne day and vnder a certeyne Paine p{er}sonallye to appeare before ^\\yowre// Lordshipp in hir Ma{ies}ties most highe Court of Chauncerye then and their to answere the p{re}misses and to stande to suche further order and direcc{i}on as to yowre Lordshipp shall seeme to stande w{i}th equitye and good Conscience / And yowre Lo{rdshipps} Orato{ur}s as is their Bounden Dutye shall daylie pray to god for yowre good Lo{rdshipp} in muche honor longe to Continue.

PRO C2/ELIZ/M7/54/2 (answers: some loss of text on right side due to decay; and bottom, either cut or second sheet missing)

[[...]] 10 February 1589 [[...]]

The Iointe and severall Answeres of Willyam Cardynall thelder, Thomas Walton, & Willyam Webb, defendant{es} to the Bill of Complaynte of Iohn Michell, xpoffer Boroughe, xpofer Lewes, & Rob{er}t Lincolne al{ia}s Skinner, Complaynaunt{es}

The said defendants savinge to themselves all advantages of exception to the vncertaintye and insufficiencye of the saide Bill of Complaynte, for answere vnto the matters conteyned in the said [[Bill of Complaynte, _________ and]]

Will{ia}m Cardynall the elder and Thomas Walton sayen, That it is verye true that the saide Will{ia}m Cardynall menc{i}oned in the said Bill is seised of the Mannor of Old Hall in Estbargholte w{i}th [[or w{hi}ch]] the said [[________]]

W[[ill]]yam[?] from the right honorable the Earle of Oxforde that now is: and that the said Thomas Walton is Stewarde of the saide Mannor, and that by Patente to be executed by the said Thomas [[_______]]

and that vppon the seconde or thirde day of Aprill last past, there was a Courte holden w{i}thin the saide Mannor, at which Courte the saide Complaynant{es}, together w{i}th Iohn Branston Xpofer Brans[[ton __________]]

Tommes Lancelott Warde Willyam Norman Willyam Coke Iohn Cooke xpoffer Hawsted and Anthonye Payne were then and there sworne of the homage, and there charge deliu{er}ed vnto them by Mathwe [[_______ Thomas]]

Walton and for that purpose deputed by the saide Thomas, in w{hi}ch charge (as these defendant{es} haue hearde by the relac{i}on of the saide Mathew Smyth) they were especiallye charged, to enquire yf any Coppis wood{es} [[ __________]]

Lease of anye his Coppiholde mesuages land{es} and tenement{es}, contrarye to the custome of the saide Mannor w{i}thout Licence & that yf they should vnderstande ^\\of// anye such Lease, they should presente the same [[_______]] the Lorde [[_____]]

for that the saide Coppiholde so demysed, was by the Custome of the saide Mannor forfeyted vnto the Lord of the saide Mannor. And the saide Thomas Walton saythe, that it is also verie true, that before such tyme [[______]]

saide Matthew Smyth vnto the said Complaynant{es}, and the residue of the homage there, the said Thomas Walton and the saide Will{ia}m Cardynall the elder, w{i}th some others accompanying them departed from the place where the said Courte [[________]]

[[____]] howse of the said Will{ia}m Cardynall, not farre distante from the saide Courte, where at there comminge they founde the saide Thomas Cole, menc{i}oned in the saide Bill and one Rob{er}t Goffe in some controversy about some [[______ (as they]]

d[[o bo]]th now remember) by the saide Earle to be vsed toward{es} the said Cattringh{a}m somtimes owner of the saide tenemente [+called] Thackers menc{i}oned in the saide Bill. Whervppon the saide Cole and Goffe desired the said Thomas Walton [[________]]

the saide Cole in openinge of his tytle shewed vnto the saide Thomas Walton ^\\as he remembreth// that the saide Cattringh{a}m was owner of the saide tenemente ^\\called// Thackers, and helde the same of the saide Will{ia}m Cardynall as of his saide mannor of Oldhall, by Coppye [[_______]]

borrowed of the saide Cole Ten Pownd{es} of lawfull monye of Englande, and surrendred his saide tenemente vnto the vse of the saide Cole, vppon condic{i}on that yf the saide Cattringh{a}m did paye vnto the saide Cole at thende of twoo yeares or therabout{es}, the [[___________]]

that then the saide surrender should be voide. And that the saide Cole was thervnto admitted accordinglye, And shewed further that the saide Cole & Cattringham did agree that the said Cattringh{a}m should occupye and take the profitt{es} of the said [[________]]

vse duringe the saide terme. Payinge vnto the saide Cole yearlye for the same the yearlye Rente of Twentye shillinges during the saide terme, w{hi}ch the saide Thomas Walton hearinge answered vnto the said Cole, that yf he had answ[[______ _______]]

the said Cattringh{a}m, he had then committed a forfeyture, for that the saide agreemente did amounte vnto a Lease w{hi}ch was contrarye to the custome of the Mannor, Whervnto the saide Cole answered that he had no meaninge to committ any for[[feiture ______]]

saide agreemente did amounte vnto a Lease in lawe, he saied he could not now amende the matter, for in verye truth suche was the plaine agreemente betwene them; But he well hoped that Mr Cardynall (meaninge the Lorde of the s[[aide ______]]

favourablye w{i}th him (consideringe he had no yll meaninge, wher vnto the saide Thomas Walton answered, that there was no doubt, but he should finde the saide Mr Cardynall as reasonable in this cause (as he himselfe woulde desire) [[________]]

Cole had openlye confessed the truth vnto him the saide Thomas Walton being then Stewarde of the saide manner, in the hearinge of manye, and for that it was matter apparante to be doone w{i}thout licence contrary to the Custome of the M[[annor ______]]

answered that he could not in dutye conceale the same, but saied he would make it knowen vnto the homage, and they should bringe it in as p{ar}cell of there verdytt, Whervppon dinner being ended, the saide Thomas Walton findinge the whole Homage [[________]]

howse of the saide Will{ia}m Cardynall, ^\\(as he remembreth)// did there deliver vnto them the truth of all the saide matter touchinge the saide Lease w{hi}ch Cole before had confessed, desiringe them to bringe it in as p{ar}cell of there verdytt, and so they departed together ^\\to this [[_____]]//[[______]]

after, being betwene three & fower of the Clocke in the afternoone (as this defendant verelye thinketh) they came againe vnto the saide Thomas Walton, vnto the mansion howse of the saide William Cardynall, signifyinge that they were [[ _________]]

and desired the saide Thomas Walton to receive the same, and deliu{er}ed a paper in wrytinge conteyninge there saide verdytt, w{hi}ch when the saide Thomas Walton had perused, and findinge no menc{i}on there made of the saide supposed Lease before [[_______]]

by the saide Thomas Walton, the saide Thomas refused to receiue there verditt, desiring them to goo together againe, & to be better advysed of the same, and told them againe that it was verye true, that the saide Cole had confessed the same Lease ^\\vnto the said Thomas Walton// in such [[________]]

[Thomas Walton And] ^\\wher vppon// Will{ia}m Cardynall the yonger menc{i}oned in the saide Bill and one Richard Brommead ^\\as this defend{an}t doth remember// then sittinge by answered, that they should not nede to doubt of the truth of the saide Coles confession, for that they did likewise heare the said Cole confesse th[[__ ______]]

saide Will{ia}m Cardynall the yonger offred that yf they did doubt whether Cole confessed the same or no, [____] he would be sworne vnto them, that he heard him confesse the same, whervnto some of the homage answered, that it should not [[__________

true, and answered further that open confession deserved open punnishemente, and some other of the homage further answered, that although they did beleve that it was true, that the saide Cole had made suche ^\\a// confession vnto the s[[___ __________]]

yet they thought it not to be against the custome of the saide Mannor, to make a Lease for twoo or three yeares, w{i}thout the Licence of the Lorde, whervppon the saide Thomas Walton then desired them, that yf they did knowe th[[__ _____]]

Leases for ij or iij yeares w{i}thout licence, that then they should finde there said Custome, and that this Lease in this manner made was not made contrarye to there custome, or otherwise to make some verditt of this matter, telling them [[___________]]

in it, he the saide Thomas Walton would be therw{i}th contented, for that the matter had bene so openlye dealte in, it might not now be buryed in silence. Whervppon some of the homage desired come further time to enquier of the same, to w{hi}ch th[[_______]]

and might take sufficiente tyme all that daye to enquier of the same, but longer tyme then that daye he did not minde to giue them, for that the matter was not difficulte, nor likelye that they could haue any better evidence: for that the same [[________?

a matter in secrecye betwene the saide Cole and Cattringh{a}m, not possible otherwise to be proved, but by there owne propper confession, w{hi}ch the saide Cole (whome for that purpose it did most concerne) had alreadye confessed, and therfore [[__________]]

therof, and so they departed vntill after supper, betwene Eight & nine of the Clocke in the eveninge (as he this defendante doothe remember) they all came againe vnto the saide defendante, and signifyed vnto him, that they weare now fullye [[___________]]

receive the same, & therw{i}th deliu{er}ed againe vnto the saide defendante a paper conteyninge there saide verdytt, w{hi}ch this defendante did likewise peruse, and findinge nothinge therin doone concerninge the saide supposed Lease, the saide [[____________]]

they did muche forgett them selves, and the Othe that they had that daye taken, to enquier of all Leases made contrarye to the custome of the Mannor, and the dutye that they did then owe as tenant{es} of the saide Mannor, whervnto the [[__________]]

did well hope that further time would be giuen them to enquier therof, but this defendante p{er}ceivinge there dooing{es} to procede rather of will and stomacke, then of anye wante of true Informac{i}on, refused to giue them anye further tyme, but [[__________]]

wher vnto they all answered that they were then fullye advysed, that they would giue no other verditt then was conteyned in there saide paper. Wherin, in truth was no menc{i}on made, of anye thinge at all to be doone concerninge the [[_________]]

them againe, yf they were all of that opinion, who answered that they all saide as there foreman had spoken, but bycause he this defendante was not satisfyed w{i}th anye suche generall refusall, this defendante did further examine [[__________]]

foreman, & continuinge to the last man, whether they would make anye verditt touchinge the saide supposed Lease confessed to be made by the saide Cole yea or noe. Whervnto they did answere one after another in willfull & contemptuous [[__________]]

that they would make no verditt at all touchinge that matter, whervppon this defendante made answere that he was right sory to see there frowardnes, grownded rather vppon there owne will then vppon any reason, shewing them further t[[____ ______]]

to be punished then by seisinge of there Coppihold{es}, for that in the opinion of this defendante it did amounte vnto a manifest forfeyture, and thervppon caused an entrye to be made in the Courte booke of the saide Mannor of this there contemp[[t__ ________]]

of there saide Coppiholde tenement{es}, not w{i}thstandinge w{hi}ch entrye, this defendante p{er}swaded them further to remember them selves better, & confourme them selues to reason, p{er}swadinge them, that yf they would yet doo anye thinge in that matter [[_____]]

accept it at there hand{es}, and that then the saide entrye in the saide Courte books should not be p{re}iudiciall vnto them, notw{i}thstandinge w{hi}ch p{er}swasion, they continued there former contempte, refusinge vtterlye to finde any thinge of that [[________]]

ended. And the next morninge vppon better advysemente, they did all ^\\or the greatest number of them// resorte vnto the saide defendante againe, desiringe him that he would not cause anye seisure to be made of there Coppihold{es}, and that then they would giue a verditt [[________]]

before, whervnto the saide defendante answered, that it did not then lye in him to doo the same, for that the Courte was ended & the seisure alreadye awarded: but this defendante offred them, that yf they would submitt them s[[elves _______]] the said M[[_________]]

there Error, he would then be a meanes that no advantage should be taken of the saide forfeyture, w{hi}ch to doo, they then semed vtterlye vnwillinge, whervppon the Lord of the said Mannor, caused there saide tenement{es} to be seised m[[_________]] he being verie Loathe to take

advantage against them, of this there Contempte, (as by the custome of the saide Mannor & the common lawes of this Realme & as he this defendant is verilye p{er}swaded) he lawfullyue might, caused another Courte to be summoned p{re}sently after the feaste of Pentecoste then next following,

at w{hi}ch Courte, all they of the saide homage (to the remembrance of this def{en}d{an}te) were presente, and then this defendant signiffyed vnto them, that this Courte was summoned of purpose, to make it knowen vnto them, that wheras they [[____]] opinion of suche as were [[___]]

counsell w{i}th the Lorde of the same Manner, committed a manifest & willfull forfeyture of there Coppihold at the last Courte, yet bicause the said defendante & the saide Will{ia}m Cardynall Lord of the said Mannor were verye loathe that so great advantage should be taken

against them (as there offence in lawe did ^\\de//serve) did then signiffye vnto them, that yf they would submitt them selves there, & showe that the ^\\saide// offence p{ro}ceded of their ignorance & not of there willfulnes, they should have there land{es} agayne, [[______]]

of them by name xpoffer Hawsted & Iohn Cooke did then submitt them selves, and shewed that the offence w{hi}ch they committed was of ignorance & not of willl wher vppon both the saide Hawsted & Cooke were there admitted at the saide Court (in [[______]] that anye of [[_____]]

payinge, and some others of the saide homage did then shewe them selves likewise very willinge to have submitted them selves, & to have confessed there offense, but that they were vehemently laboured (as this defendant was informed) to the contrarye by some of the chieffest of there fellowes

and by one Stephen Woodgate an other tenante of the saide Mannor, then standinge by, to the intente to diswade them from anye suche submission, saied openlye amongest them (as this defendant was likewise informed) that he had rather h[[_______]] his Coppiholdes, then make anye suche submission

whervppon this defendante willed the saide Woodgate to staye his tongue & be wyse, lest he might happilye runne into like danger. But in truth his and other like p{er}swasions so p{re}vailed w{i}th the saide Tenant{es}, that the rest of the saide Homage, did then vtterlye refuse to make anye

suche submission, standinge vppon there innocencye that they had not offended. Whervppon the saide Will{ia}m Cardynall Lord of the saide Manno{u}r seing them so stronglye to persist in their saide error saied openlye that yf any man would craue to be admitted vnto of anye the sayde Coppiholde

tenement{es}, he should haue them for a verie reasonable considerac{i}on. Whervppon the saide Will{ia}m Webbe standinge by and seing there frowardnes & p{er}ceivinge that it would amounte to a manifest forfeyture in lawe, offred that yf he might be admitted to some p{ar}te of their tenements he would

giue reasonablye for them, whervnto the saide Will{ia}m Cardynall Lord of the saide Mannor sayth that he willinglye condiscended, and in considerac{i}on of threscore Pownd{es} to be paied afore hande & of thre score Pound{es} more to be paied vppon anie tryall to be made of the sayde tytle for the sayde Will{ia}m

Webb, by course of the common lawes of this Realme, was then p{resen}tlye admitted vnto diu{er}se p{ar}cells belonginge vnto the saide xpoffer Boroughe Rob{er}t Lincolne al{ia}s Skinner, xpoffer Lewes w{i}th this proviso not w{i}th standinge, yat yf the saide W{illia}m Cardynall should betwene that daye & Michelmas

followinge finde anye conformitye in his saide tenant{es} to submitt them selves, he the said Will{ia}m Webbe shewed vppon the repaimente of the saide threscore Pownd{es}, take no advantage of the saide admittance. And the saide Will{ia}m Cardynall Lorde of the sayde Mannor saythe further that he

was the more willinge to admitt the saide Webb, for that he did vnderstande by the reporte of some of the saide homage, that the greatest number of them were willinge and desirous, accordinge to there oths and [[______]] to have made a verdett & found the saide Lease made

contrarye to the custome of the saide Mannor, in manner & fourme (as is before declared) But that they were vehementlye disswaded by the saide xpoffer Burroughe, there said foreman, of the homage (whome this defendant verilye

thinketh to be the saide Rob{er}t Lincolne al{ia}s Skinner & xpoffer Lewes) bicause that they three haue hertofore shewed themselves agaynst the saide Lorde & his p{ro}cedinges most contemptuous, insomuch that the said Xpofer Burrouhge should saye further vnto his saide fellowes

in disswadinge them from findinge the saide Lease (these speaches or the like in effecte) that they meaninge his saide fellowes, might doo what pleased them, but he for his p{ar}te would never agree to the finding[?] of the same Lease, for (quoth he) the most that they can [[____]]

(meaninge the Lorde & the Stewarde) vnto vs is, but to sett a fyne of ffortye shillinges a pece vppon our head{es}, w{hi}ch (quoth the saide xpoffer Burrowe) I had rather paye xls, then I will be accounted to be the author of anye suche p{er}sidente not w{i}th standinge w{hi}ch contemptuous

behavioure of the saide xpoffer Boroughe Rob{er}t Lincolne al{ia}s Skinner, xpoffer Lewes & the rest of there fellowes, the saide Will{ia}m Cardynall sayth that he never mente to take further advantauge of the said forfeyture, then in some reasonable sorte to punishe there

contempte, and make them knowe there Error, for he saith, that he alwayes hetherto hath bene, and yet ys fullye contented, vppon there submission, knowledginge their offence, and vppon paiment of suche reasonable fyne (as by others should not be thought vnreasonable)

and recompence for his charges in lawe w{hi}ch they haue since put him to, to admitt them to there former estate. And likewise the saide Willyam Webbe for him selfe sayeth, that he alwayes hath bene, and yet is very willing to surrender vp his said Interest therin to the

vse of the saide xpoffer Boroughe, Rob{er}t Lincolne al{ia}s Skinner, & xpofer Lewes, yf he might haue his saide threescore pound{es} againe w{i}th some reasonable considerac{i}on for his said bargaine, w{hi}ch said somm of threescore pound{es} the saide Willyam Cardinall hath

hertofore manye times offred to paye, so as they the saide xpoffer Boroughe Rob{er}t Lincolne al{ia}s Skinner & xpoffer Lewes, would haue giuen the saide Will{ia}m Webb some considerac{i}on for his saide Bargaine, w{hi}ch they the said xpoffer Boroughe Rob{er}t Lincolne al{ia}s

Skinner and xpoffer Lewes haue alwayes hetherto refused to doo. And therfore what harde dealinge, or what extremitye hath bene offred by the saide defendant{es} or any of them, vnto the saide Complaynant{es} (the p{re}misses considered) these defendant{es} [[______]]

referre them selves to the honorable co[[n]]s[[i]]derac{i}on of this Courte. And further the saide Will{ia}m Cardynall sayth, that the ffynes to be sett vppon the saide Coppiholders vppon everye admittance now are and alwayes time out of memorye of man haue bene arbytrable at the

will of the Lorde of the saide Manner and vncertaine: W{i}thout that there is anye suche Custome to paye for a fyne appon anye there admittance but the value of one yeares Rente paieable vnto the Lorde of the saide Mannor as is in the saide Bill

most vntruely surmysed) and contrarye to the Complaynant{es} owne knowledge And without that the said Will{ia}m Cardynall the elder, Thomas Walton, or Will{ia}m Cardynall the younger, haue from Courte to Courte threatned the saide Complaynaunt{es} to seise

there Coppiholde mesuages land{es} and Tenement{es} (except they would presente vppon there Othes, whatsoever they woulde haue them to finde to fitt there owne purposes) where no evidence was given them, and where themselves had no

knowledge (as is also most slaunderouslye and vntrulye surmysed in the saide Bill) And without that there is anye suche Custome w{i}thin the saide Mannor, That everie Coppiholder of the same Mannor, maye make anye Lease for two or three

yeares without Licence (as is also vntrulye surmysed) And without that the saide Complaynant{es} ever had anye experience of the vnindifferente dealinge of the saide Thomas Walton (as is likewise vntruly surmysed) And without that the said

Thomas Walton did to his remembrance varye in his speaches made vnto them concerninge the saide supposed Lease, Or that they did in respecte of anye suche variance desire to haue further Respecte to enquire of the same Lease to the knowledg of theise


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