Cecil Papers
1648

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Institute of Historical Research

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G. Dyfnallt Owen (editor)

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1971

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402-415

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'Cecil Papers: 1648', Calendar of the Cecil Papers in Hatfield House, Volume 22: 1612-1668 (1971), pp. 402-415. URL: http://www.british-history.ac.uk/report.aspx?compid=112543 Date accessed: 30 September 2014.


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1648

Elizabeth Vaux to the Earl of Salisbury.
[Before 1648].Has a favour to request of him, "which is at this time to beshich you to dou me the favor to be bound with my Lord and my Lord Hattone for 5001",—Undated.
P.S. "It semes by Mr Kettly hom I intreated to see iff he could gett 5001 that my Lord Craven (fn. 1) will have him bound, and I must intreat your Lordship to thanke Mr Kettly for his redynes to dou me that (?) favor."—Undated.
Holograph. Seal. 1 p. (200. 1.)
Nicholas Jackson to —
1647–48, March 12."For the asessment of Sir Thomas Ffairfax theare is nothing done, for the Comissioners could never bee brought to meet about it, for it is opposed by Mr Pentloe and he haith hindred the meeting of the rest for his owne end, which will bee much damage to my Lord, for it is like to bee sest [cessed] againe in the same way, and then the Commissioners in Corby hundard doe intend to lay all the fforty shillings uppon Brigstocke, and then it will bee chardged all uppon the Parks. If my Lord will bee pleased to call the buisness in question the Commissioners are willinge and able to cleare the hundard . . .; if nothing bee done his Lordship is like to beare all . . . chardge. As times may fall out it may bee a hundard pounds a yeare chardge uppon his Lordshipps land, for all . . . taxes will bee levied accordingly."— Brigstock, 12th March, 1647.
Signed. Damaged. 1 p. (General 90/24.)
Accounts.
1648, September 30 to 1649, May 25.Receipts for contributions for General Fairfax's army, the British army, the discharging of the county (Dorset) troop, the disbanding of Colonel Tomlinson's regiment in co. Dorset, and the quartering of Captain Dewey's troops. Moneys paid over by Samuel Stillingfleet.
3 pp. (Accounts 45/4.)
Accounts.
1648, September 30 to 1649, September 28.Household expenses, etc, compiled by Thomas Darrell. They include taxes paid for Ireland and Lord Fairfax's army; Edward Cecil's schooling at Mr Baily's, with the following item: "to a Frenchman now attending upon him for his charges out of Ffrance, 4l 3s 0d;" and other items, inter alia:
October 13, 1648To Rich. Milward which he layed out for a protection and a warrant from the General for the deer in Enfield Chase.0140
November 26, 1648Given to the Generals Trumpetters by my Lords command.0100
September 15, 1649For meal and horsemeat for three gentlemen which brought my Lord word of his Lordships being elected burgesse there (at Lynn)148
44 pp. (Box L/9.)
The Earl of Leicester to the Earl of Salisbury.
1648, December 21."Since I wrote to your Lordship last, which is now five or sixe weekes, I have beene in expectation to know whether your Lordship would pay any part of the principall due unto me, but because I have not heard from you I suppose you will not. Therefore I desire your Lordship to cause the interest due since the 20th of May last to be payd unto me, or to such as I shall appoynt to receive it. And that you will be pleased to give order that the whole principall remaining, with all the interest which shall be then due, be payd on the 20th of May next comming, which I confesse is not fully 6 months, the time that I proposed to your Lordship to be agreed on betweene you and me for the paying and receiving of the sayd money. Therefore if your Lordship chuse rather to have it so, I shall be contented to receive it at the end of 6 months from this signification of my desire to your Lordship, though to me the other would be more convenient; for my estate being small, as some of your officers have heretofore rightly observed, the summe due from your Lordship is very considerable to me, and I find that I shall have very pressing occasions to use it then and before. And if it please your Lordship or my sonne to send into Glamorganshire, I will at the same time give order for the payment of the halfe yeares rents of those lands, which by agreement between your Lordship and me were assigned for the better assurance of the present maintenance agreed upon for your daughter and my sonne. But then I shall desire your Lordship to cause the deed to be ingrossed which is for the joynture of your daughter both before and after my death, and for the settlement of those lands according to agreement, the draught of which deed hath beene long since perused and returned by me to be ingrossed, which was in hand as I have heard and should have beene sealed by me within the time limited by the articles, but that your Lordships officers with extraordinary earnestnes required and tooke it away, which is not my fault. Ffor your Lordship knowes that it is to be done at your charge, and therefore it is not likely that it will be done when I will, or at my appointment. But all that I could doe was to content unto it, and to tender it unto your Lordship or your officers to be finished. And whereas it is pretended that I have made some alterations different from the articles, I acknowledge that some alterations I did make in the draught of the deed to rectify it, and reduced it to the true meaning of the articles from which it varyed as I conceived. And perhaps I might erre in judgment, but I professe to your Lordship that as farre as I could or can know my owne and understand your intention, there is nothing added nor altered to make it disagreable to the articles, whereof the two chiefest are, the assuring of your daughters maintenance and joynture, and setling of the estate for the future. And I am confident that no man can justly say that in either of them there is any alteration disadvantageous or prejudiciall to her or to her children. But to the contrary, that what I did is just and for their good and no way contrary to the articles, but for the playner explication of them to avoyd future disagreements, as I verily believe your Lordship will judge when it shall please you to take the paynes to examine it. And therefore I further desire your Lordship that the lease made in the yeare 1645 may be surrendred, for your Lordship remembers, I doubt not, that the reason of making that lease was because those lands in Wales, being then sequestred from me by the Kings officers, I could not dispose of any of the rents, and the whole country being in the Kings officers power, there could be no great Assises held there, and consequently no new settlement of that estate for joynture to your daughter, nor otherwise. And therefore your Lordship required that lease as all I could doe at that time, and because it was likely that I should dye before that estate could be recovered. But now there remaines no cause nor reason why the sayd lease should continue, I having done all at the Assises which your Lordship desired, and being ready to seale the deed for your daughters joynture and maintenance. I will adde only this consideration, that if my sonne have a sonne (as you know he lately had and I hope will have againe), and then he and I dye the lease will be of no effect, and your daughter can have nothing there. This I conceive to be true but your counsell know much better. But if your Lordship will be contented to let the deed be ingrossed and sealed as I returned it, your daughters interest of joynture and maintenance will be assured and all the rest settled to the good of your grand-children, and therefore (as I hope) to your satisfaction. And that will be a very great contentment unto me."—Penshurst, Decemb. 21th, 1648.
Holograph. Endorsed: "Earle of Leicesters Ire, 21th Decembr. 1648." 3 pp. (200. 126.)
A New Magna Charta.
1648.Enacted and confirmed by the High and Mighty States, the Remainder of the Lords and Commons now sitting at Westminster in empty Parliament under the command and wardship of Sir Thomas Ffairfax, Leiut. Gen: Cromwell (our present Soveraigne Lord the King, now residing at his Royall palace in Whitehall), and Prince Ireton his sonn and the Army under theire command.
Containing the many new, large and ample liberties, customes and franchises of late freely granted and confirmed to our Soveraigne Lord King Charles, his heires and successors, the Church and State of England and Ireland, and all the ffreemen and freeborne people, of the same New Magna Charta, cap. 29.
Omni vendemus, omni negabimus, aut differemus iustitiam vel rectium. 1648.
A New Magna Charta.
Ffirst, for the honour of Almighty God and in pursuance of the solemne Leauge and Covenant, which wee made in the presence of Almighty God for the reformation and defence of religion, the honour and happines of the King, and the peace and safety of the three Kingdomes of England, Scotland and Ireland, wee have granted and by this present Charter confirmed that the Church of England shall bee free to deny the perpetuall ordinances of Jesus Christ, to countenance spreading heresies, cursed blasphemies and generall loosenes and prophanes, and that all lawes and statutes formerly made against the aforesaid offences for the punishment and restrayning thereof shall bee utterly repealed, that soe all men may freely enjoy what religion soever they please without restraint. And wee will that all Archbishops, Bishops and theire dependents shall bee eternally suppressed, and all theire mannors, lands and possessions sold to defray and advance the publiq faith; that all ministers shall bee plundered and thrust out of theire livinges and free holds by our Committee of plundering ministers without oath or legall tryall, upon bare information of such of theire parishners who are indebted to them for tythes or have any kinsman to preferr to theire livinges; and to supply the want of ministers, that all officers, souldiers, coblers, tinkers and gifted brethren and sisters shall freely preach and propogate the gospell to the people, and new dip and rebaptize them without punishment.
Item, wee will that the Kings Majesties person may bee maintained and his authority preserved by seizing his person at Holdenby with a party of horse and imprisoning him in the army, indangering his life at Hampton Court, and by coulour therof conveying him secretly in the Isle of Wight, removing from him all his attendants, disposing of his revenue, children, forts, ships, castles and kingdomes, and by this puttinge in execution these our votes:
That noe more addresses bee made from the Parl. to the King, nor any letters or message received from him; that it shall bee treason for any persons whatsoever to deliver any message to the King or receive any message or letters from him, without leave from both houses of Parliament; that a Committee draw up a declaration to bee published to satisfie the kingdom of the reason of passing these votes, that soe the world may bear witnesse with our consciences of our loyalltie, and that wee have noe thoughts or intentions to diminish his Maties just power and greatnes according to the words of the solemne Leauge and Covenant.
Item, wee give and grant to the ffreemen of the realme these liberties underwritten: first, that noe shereffes shall make due returnes of the citizens and burgesses elected to serve in Parliament, nor make due elections of knights nor in convenient tyme, nor the ablest, wisest nor discreetest shall bee returned, but all fraud and deceit shall bee used in elections, and persons not duely elected nor eligible by law shall bee members of the House of Commons, and those to bee our sonnes, kindred, servants, officers and such as will comply with us.
Item, noe member shall sit in the House of Commons with freedome and safety that endeavours to settle religion in the purity therof accordinge to the Covenant, to maintaine the ancient and fundamentall goverment of the kingdome or to preserve the rights and lyberties of the subject, or that layes hold on the first oppertunity of procuring a safe and well grounded peace in the three kingdomes, or that keepes a good understanding betweene the two kingdomes of England and Scotland according to the grounds expressed in the solemne Leauge and Covenant. And who ever offends against this article, wee will that such members bee impeached of high treason by the Army, suspended the House before any particular impeachment, forced to accuse themselves by stating theire cases for want of an accuser and witnesses to prove them criminall, and at last cast out of the house without answer, hearing the evidence or privity of those that elected them whose persons they represent.
Item, wee grant that neither wee nor any by coulour of authority derived from us shall interrupt the ordinary course of justice in the severall courts and judicatures of the kingdom, nor intermedle in causes of private interest other where determinable, save only our Committees of Indemnities, plundred ministers, complaints, sequestration, Excise and the Army, who shall judge and controdict the lawes and statutes of the realme, vacate and repeale all inditements, verdicts and justice, imprison all manner of persons and turne them out of their freeholds, estates, goods and chattles without the lawfull judgment of theire peers and against the fundamentall lawes of the land.
Item, wee will and ordaine that the great and unusuall payments imposed upon the people, and the extraordinary wayes that were taken for procuring moneyes (contrary to the trust reposed in us) bee still burthensome and daily increased more and more upon the people by our bare votes and ordinances without the common consent by Act of Parliament: and in case of refusall forcibly levyed by troopes of horse and souldiers according to the lawes of decolled Strafford, of all which moneys ourselves and members will bee sole treasurers and disposers: free quarter shall bee still tolerated, and countenance given by us to the exactions and extortions of the souldiers to whom wee have granted an act of indemnity for all murders, fellonies, rapes, robberies, injuries and trespasses committed by them, and all such offences as they shall commit, to the end they may protect us against the clamours and complaints of the oppressed people either by land or sea; and wee doe rain that all freemen shall henceforth bee tryed by martial and Committee law, and impeached of new high treason at our pleasure to confiscate theire estates to our Exchequer.
Item, wee will that such persons as have done faithfully and valiantly in the Parliaments cause, according to the declaration of England and Scotland, shall bee publiqly disgraced and dishonored and without cause thrust from theire commands and imployments, both civill and martiall, without pay, hearing, conviction or reperation for theire losses; and that the generall and respective Leiutenants, Governours and old garison souldiers of the Tower of London, Newcastle, Yorke, Bristoll, Plimouth, Glocester, Exceter, Chester, Pendennis Castle and the Isle of Wight bee removed with disgrace by our new Generalissimoes meere arbitrary power, notwithstanding our former votes and ordinances for theire particular settlement, and new, meane seditious sectaries of our confederacy put into theire places.
Item, wee will that a just difference bee made betweene such persons as never departed from theire Covenant and duty, and such as were detestable newtralists and oppressours of the people; and to that end wee will that the Comission of the peace bee renewed at the pleasure of our flying speakers, who are to provide that such bee omitted as agree not with the frame and temper of the Army and us theire Lords and Commons sitting at Westminster, and others be added in theire places who have complyed with the enemy and oppressed the people; and to that end wee agree that the Earle of Suffolke, Earl of Middlesex, William, Lord Maynard, William Hicks, Knight and Baronet, John Parsons, Knight, Richard Pigott, Knight, Edward King, Esq., Thomas Welcome, Esq, and divers others bee omitted, and that John Lockley, Thomas Welby, William Godfrey, Richard Brian, Sir Richard Earle, Baronet, and others of that stampe bee added, of whose integrity and faithfulnes, quere.
Item, wee will that for the perpetuall honour of the Lords and Barons of this realme, whose ancestors purchased for us with the expence of theire lives and blouds from King John and Henry the Third the great Charter, that they shall from henceforth bee impeached of high treason committed, imprisoned and put out of the house of peers, and forfeit theire lives and estates to our disposing if they defend that great Charter, the lives and liberties of the subjects, and Parliament against a perfidious and rebellious Army and us the fugitive Lords and Commons who fled from our houses to the Army without cause, and there entred into a trayterous Covenant and ingagement to live and dye with the Army, and to destroy the faithfull members that stayed behind at Westminster, and all the freedom of this and future Parliaments. And wee will that henceforth there shall bee noe house of Peers distinct from Commons, but that all peers and peerage bee for ever abolished, and all great and rich mens estates levelled and made equall to their poorest neighbours for the better relief and incouragement of the poor Saints.
Item, wee will that the City of London shall have all her ancient liberties and customs in as full and ample manner as her predecessours ever had; and for that end wee will that the Army shall march in a warlike manner towards that Citty and passe like conquerours over the same in triumph; that all the fortifications and lines about it shall bee sleighted and thrownedowne, the Tower taken out of their hands and put into our Generalls and fortified to overawe them; the Militia of the City changed and divided from that of Westminster and Southwarke; the Lord Mayor, Recorder and Aldermen and some leading men of the Common Counsell by crafty, sinister and feigned informations impeached of high treason and other great misdemeanours, imprisoned and disabled, and others by our appointment and nomination put into their places, and the citizens and Common Councell men shall henceforth make noe free elections of Governours and officers; that Whitehall, the Muse, Minories, Ely House and other places shall bee made citadells, that the posts and chaines in the Citty and subburbs bee taken away, their gates and porcullices pulled downe, their arms delivered into a common magazine, by our appointment, to disable them from all future possibility of selfe defence or disobedience to our imperiall commands; that soe they may willingly deliver us up the remainder of their exhausted treasures and estates when wee see cause to require the same; and made as absolute ffreemen for all their expence of treasure and blood in our defence as our English gally slaves now are in Algier.
Item, wee will that the command of the Navy and all ships at sea, for the honour of this nation and our owne, be committed into the hands and goverment of a vice-admirall (without and against the consent of the Lords), of late but a skippers boy, a common souldier in Hull, a Leveller in the Army, impeached by the Generall for endeavoring to raise a mutiny at the late rendevouz, and since that taken with a whore in a bawdy house, who rode downe in triumph to the Downes to take possession of his place in a coach and four horses with a trumpeter and some troopers riding before and after it, sounding the trumpet in every towne and village as they passed to give notice of his new Excellencies arrivall, and make the common people vaile bonnet and strike sail to his coach; and at his late returne from the Isle of Wight to the Downes, was rowed from the ship to the towne of Deal with the ensigne in the sterne, the boatswain and all the rowers bareheaded like soe many gally slaves (a new kind of State which never any Lord Admirall in England, though the greatest peer, yet tooke upon him but the King onely). And to maintaine this new pompe and state of his, wee will and ordaine that all merchants, as well natives as fforraigners, shall pay such new customes, impositions and excise for all manner of goods and merchandize whatsoever imported or exported as wee in our arbitrary wisdomes shall judge meet, under paine of forfeiture of all their said goods and merchandize and such other penaltyes as wee shall impose.
Item, we will and ordain for the ease and releif of the almost famished poore in these times of dearth and decay of trade, that excise shall still bee paide by them and every of them for every drop of small beare they drinke and for all oyles, dying stuffes and mercers wares they shall have occasion to use about their trades and manufactures; and that the lusty young souldiers who are able to worke and get their livings by the sweat of their browes shall ramble abroad through all the kingdome, and like soe many sturdy rouges take free quarter for themselves, horses and companions from place to place, refusing to eat (sic ? work), shall eat up all the provisions in gentlemens, yeomens, clothiers and other rich mens houses who formerly releeved the poore with their almes and the able with worke.
Item, wee will that Will. Lenthall, our Speaker for the time being, shall have a monopoly and plurality of all kind of officers [? offices] for the maintenance of his state and dignity, and recompence of his infidelity in the defecting the true house of Commons, notwithstanding the selfe denying ordinance to the contrary; and to this end wee ordaine that hee shall bee our perpetuall Speaker and eternally take 5e for every ordinance that passeth the Commons house, with all other incident (new acted) fees and grattuities; that hee shall with his office enjoy the custody and profitts of the great Seale of England, the Duchy of Lankaster, together with the Maistership of the roolls, and as many other places as wee shall be able to confer upon him or his son; and that his honoured brother, Sir John Lenthall, for his great affection to and care of the subjects liberties comitted to his custody, shall have free license to suffer what prisoners he pleaseth to escape out of prison; and Sir Lewis Dives, though voted by us to bee arraigned and tryed for high treason this terme, and all persons lying in execution for debts, to goe and lye abroad at their owne houses and make escape at pleasure, to the defrauding of creditors, without being prosecuted or put out of his office for the same, provided they allwayes give him a good gratuity for this their liberty of escape.
Item, wee will that our distressed brethren in Ireland may enjoy the benefit of this our new great Charter, and all the liberties therin comprised, and that by vertue therof the supplies, releifs, men, monyes and the monthly tax of 600001 designed for them shall bee totally interrupted, misimployed, and divers by King Cromwell and Prince Ireton his son-in-law, to maintain, pay and recur theire supernumeraries and the Army here; that the noble and valiant Lord Inchiquin, who hath done such gallant service against the rebells, shall be accused and blasted in both our houses and phamphletts and mercenary diurnall for a traytour and confederate with the rebells by the Lord Lisle and his confederates, who wears much of Irelands imbezelled treasure on his back and hath much more of it in his purse, taking noe lesse then 10t or 15t as Lord Deputy of that realme onely for riding about London streets in his coach in state, and victorious honest Colonel Jones discountenanced, discouraged and both of them removed this spring from their commands to advance the independant cause and godly party in that realme.
Lastly, all these new customes and liberties aforesaid which wee have granted to bee holden in our realme of England and Ireland, as much as appertaineth to us wee shall observe. And all men of these realms, as well nobles as commons, shall enjoy and observe the same against all persons in likewise. And for this our gift and grant of these liberties, the nobles and commons are becomme our men from this day forward of life and limbe and earthly worship, and unto us shall bee slaves and vassalls for ever. And wee have granted further that neither wee nor any of us shall procure or doe any thing wherby all or any the liberties in this Charter contained shall bee ever hereafter infringed or broken. And further wee ordain that our postmaster Edmund Prideaux, one of our fugitive and army engaged members, who by fraud got into that office and keeps it by force against common right, doe send posts with copies of this our Charter into all counties, cities and places of our dominions, for recompence of which service he shall still forcibly enjoy that office; and that our sheriffs, Committees and new made justices cause the same to bee speedily published accordingly in all our country courts, these being our witnesses to this Charter:
William Laud, Lord Archbishop of Canterbury,
Thomas, Earl of Strafford,
Sir John Hotham, Governour of Hull,
Leiftenant Generall John Hotham,
all four beheaded by our command at the Tower Hill for the breach of old Magna Charta and trechery: Nathaniel
Ffines condemned to loose his head by a counsell of warr for delivering up Bristoll to our enemies and yet spared by us to bee one of the grand Committee for the safety of this Kingdome and Ireland instead of the exploded Scoth Commissioners.
12 pp. (276. 3.)
Enfield Chase.
[? Car. 1].Presentment of the jury with regard to the conditions and customs of Enfield Chase.
"To the Eighth Article, wee answer and present that Thomas Robinson houldeth of his Matie, Lord of this Manor, a certaine fishing at Rammey reach by coppye of Court Roll att the rent p ann. of iiiid. And that there is noe other fishinge within the said Manor but the fishing of ould pond within the said Chace which hath, as appeares to us by record, beene formerly lett att 40s p ann.
To the Seavententh Article, wee annswere and present that there commoneth in Enfeild Chace over and beside the Kings Mats tenants and inhabitants of Enfeild att this day the parishes and Lordships of Southmyms, Hadley and Edmonton, which have there commoned and soe still doe, but by what right wee doe not knowe justlye, but referre them and their pretended right of common to be examined by and in the Dutchy Court or otherwise as his Matie please to direct and appoynt.
To the Twentieth Article, wee answer and present as to that article touching our laudable customes, for want of the execution of those decrees his Mats Chace both in wood and game are much decayed, and that all the keepers there doe commonly breake the same customes by the delivery of the browse wood to stranngers and fforrayners, whereby his Mats tenants are much wronged contrary to the former decrees. And that Charles Crosby, servant or deputy of John West, esq., keeper of the West Bayley walke, doth use to fell and sell all the wood within the newe rayles to his owne benefitt, and takes his fuell further into the said chace contrary to the same decrees, to the great prejudice of his Matie and of his tenants there. That the same customes doe appeare upon a survey made by Edmond Twynnowhoe the eighth day of July 1572, the which as well by decree made in the time of King Henry the Eighth as in the times of Queene Elizabeth and King James are decreed and confirmed and are as followeth, vizt: that the tenants and headboroughs of Enfeild have accustomably and att this present doe meet together att a place called Posterne playne upon St George day every yeare, att which place the bailyffe and all the keepers should and of duty ought to meet with them, and every of the said keepers sheweth unto the same tenants what wood, tymber and browze was felled in every of their walkes that same yeare, and by the old custome the said bailyffe and keepers were sworne at every Court Leet truly and justly to informe the tenants of the same wood, tymber and browze; and if any tymber were felled and carryed away before it were viewed, yet the same keepers brought the said tenants to the stubbes soe that the tenants might take an estimate of the quantity thereof, the which they commonly presented in their verdict att the next Court, upon which veiw and examination of the same keepers soe taken the just quantity and number of loads of wood was justly knowne and answeared and the same employed to his Mats use in manner and forme following. Ffirst, the keepers tooke for their allowance as much wood as they could sufficiently burne within their lodge or dwelling houses, and not to sell or take mony for any nor clayming any wood by certainty as to demannd or clayme for their allowance any certaine number of loads, for by the ould custome the keepers took not their wood by loads but drew as much in sledge as they thought sufficient for them to burne that yeare; then when the keepers had taken sufficient for themselves as aforesaid, the remaynder was sould to the Kings tenants at 8d the load, being the old accustomed price, the which was truly annsweared by the tenants to the bayliffe and by him to the Kings Mats use; and the brush, shrammell or sprey, being the offall or shredding of the same wood, the tenants and inhabitants of Enfeild tooke and carryed away for their necessity without controllment. It was then alsoe the custome that the Rannger and bayliffe should have their wood appoynted them by the tenants of the old dottrells and dead trees, the which was marked out for them with an hatchett, being marked with the Crowne, the which marke yet remayneth with the bayliffe. But nowe the Rannger, bayliffe and woodward take their wood of the browse, but what account is made for the dottrells and swonners att this day wee cannott justly say. Alsoe because the bayliffe and keepers were yearlie sworne to informe the tenannts att the veiw day of all abuses comitted and done within the said chace the same yeare, the which they allwaies certified att the next Court Leet in their verdict, it was thonly and cheife cause of keeping all good orders. But nowe the bayliffe, woodward and keepers being not sworne to give information as they were wont, they neither answer to any of the demannds followeing or abuses, neither the same abuses followeing are either presented or pun nished, whereby it followeth consequentlye that the Kings Matie must be greatly deceived as more playnly may appeare by the demannds followeing. Ffirst, it was demannded by the tenants of the same Bayliffe, woodward and keepers whoe hath taken or carryed away any wood before the veiw and to what quantitye, the which abuse was punnished and reformed att the next Court. Item, whither any wood were cutt downe after the veiwe, by whom and to what quantitye. Item, whither any did cutt downe any greene bowes which might seeme to bee any destruction to the wood other then little shredds to sett in windowes or houses, which the tenants allwayes had without controllment. Item, whither any forestalled the Kings deare. Item, whither any hawked or hunted within the said chace. Item, whither any kept any gunne or crossebowe neare to the borders of the said chace. Item, whither any kept any greyhound upon the borders of the same chace. Item, whither any overcharged the said chace or common with cattell. Item, whither any tooke any cattle to joysment wherby the chace and common was overcharged and the Kings deare decayed. Item, whither any made any coopes in the chace by meanes wherof the King lost his strayes and the tenants their cattell. Item, it was the custome and att this day is that evreye inhabitant of Enfeild did finde and sett out for every house one able person to drive the same chace every yeare at a day appoynted upon a warning given within a moneth before or after Michaelmas. Item, it is the custome and allwayes hath beene that every Coppyholder of this Manor should have sufficyent tymber allowed him for his needfull reparations out of the same chace with clay and sand, which clay and sand they have att this day, but of late tymber hath beene denyed them. Item, the inhabitants doe allwayes take bushes within the same chace to fence their grownds withall. Item, by the anntient custome the tenants in consideration of their paynes and travell upon the same veiwe day had every one of them a load of wood appoynted him which they commonly gave to a borderer to warme themselves, and to have a drinking after their veiwe. Alsoe they had every yeare a bucke and a doe given them; the bucke was assigned them at St Markes Court by the highe steward. And the doe was appoynted them att St Martyns day att the Court then accustomedly kept. Item, it was the old custome of the Manor that at the takeing of any straye it should ymediately bee brought to the pownd and the same shewed to twoe or three tenants, and the day of the takeing up of the same straye noted and presented at the next Court, soe that the yearing of the same stray might bee well knowne; and when the same was asked and praised it was delivered to one of the tenants to bee annsweared the King att the yeares end att the price praised. Item, it was the anncyent custome that the pownd should stand unlocked allwaies unles any action were entred by any playntiffe for trespas done. Item, it was the old custome that all the freeholders and inhabitants of Enfeild might take claye, sand or gravell in Enfeild chace or in any other of the Kings common places, without doeing any annoyance, for their needfull reparations and necessary easements. Item, it is the custome that the tenants doe take and allwaies have had all trees standinge and adjoyning soe neare their grownds that a horse with a packe cannott goe betweene. Item, it is the custome that the tenants and poore inhabitants allwaies did take the old rotten wood crabbes for sauce and to gather acrons (sic) under the trees, not beating nor shaking any.
To the Three and Twentith Article, wee answer and present that the parke and lodge called the ould parke with the pales therof is in good repayre, and that the rayles within the same parke are in great decay, but as wee conceave are not needfull to bee repayred in regard of severall inclosures there. And that there is not tymber to bee found to make good the same rayles. And as touching that particuler estimation to enquire of the state of the ould parke, wee doe say that the game of deere in the said parke is extreamly decayed, in so much as of the nomber of 40 or 50 great buckes of one season yearlie before the late inclosure and grounds lately laied into the said parke, there are not above 4 or 5 good buckes of one season, and in all not the 5th part of the former game. And as to the woods there wee saye that Robert Fforrest, gent, keeper of the said parke, hath sould great store and quantitye of wood out of the said parke; and hath agested yearly many horse and cowes to grasse in the said ould parke, but by what warrant hee hath soe done and what accompt hee hath made for the same wee knowe not but referre to the examination.
To the Nyne and Twentith Article, wee annswer and present that upon veiwe by us made wee finde the head and wast of the old pond in Enfeild Chace to bee in great decay and want of repayre. And that his Matie ought to repayre the same. And the particuler defects and the quantitye of tymber needfull for the same repayre are as followeth, vizt: Inprimis, the length of the head of the said pond contayneth 30 poles or thereabouts in which there wants 26 poles to be new plancked of twoe planckes in depth, which will require 1000 foot of planckes which will alsoe require 5 loads of tymber. Item, for pyles to hould up those planckes will require twoe loads of tymber. Item, the sluce must be taken up and the trough which goeth from the same which conteynes three poles in length must bee newe made, which requireth 200 foote of planckes which will require one load of tymber. Item, there wanteth 200 foote of planckes att the wast, which will require one load of tymber. In toto, of tymber to bee used thereabout the same repayre, nyne loads. The charge of the workmen, vizt carpenters, sawyers, labourers and such like with the carriage of the tymber will amount to the somme of 151.
To the Thirtieth Article, wee answer and present that wee doe not knowe or have heard or seene by any custome or record that the keepers within the said chace of Enfeild have any right or power to deliver any load or loads of wood to any person or persons for any horse [? or] for their doggs. And alsoe that wee never knew or ever heard or have seene by any custome or record that ever they had any right or power to deliver any wood for the carriage of the said keepers owne wood to their severall lodges, or for any other worke to bee done for them by any person or persons. But now of late yeares all the same keepers doe commonly use to deliver wood in all those kinds, which is greatly prejudiciall to his Matie in respect there is noe accompt made of any proffitt arising to his Matie for the same. And likewise to the great hurt and hindrance of his Mats tenants there. And contrary to all the former decrees of the said Dutchey.—Undated.
3⅓ pp. (Legal 216/9.)
Political Verses.
[temp. Chas 1].Portion of verses in which Pym, Hampden, Strafford's ghost, etc, are mentioned.
Ends: "Do not stand for peace then, for trust me, if you do, Each county of the kingdom will rise up and do so too."
3 pp. Much damaged. (206. 109.)
Dame Elizabeth Peryont to —
[? temp. Chas 1].Prays to be discharged from furnishing a light horse, charged upon the lands of her late husband, Sir George Peryont. Particulars of the lands.—Undated.
1 p. (P. 1043.)
Consistory Court of Norwich.
[temp. Charles 1].Part of an entry book of writs of "consultation" and "prohibition" of the reign of Charles 1, apparently all addressed to the Official of the Consistory Court at Norwich. [The nature of these writs, which were respectively for the restoration to and the removal from the Ecclesiastical Courts of actions with which the King's Courts were concerned, is explained in Tomlin's Law Dictionary.] The book is written in a set legal hand and probably once belonged to the office of a lawyer practising in the Consistory Court of Norwich.
32 pp. (Box V/5.)

Footnotes

1 Died 1647/48.


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1647