The History of Tewkesbury

By James Bennett

Transcriptions by Rosemary Lockie, © Copyright 2015

APPENDIX

CHARTERS, GRANTS, TERRIERS, &c.

No. 1.

[Referred to in Chapter 2.- Page 23.]

Liberties and Free Customs granted by Robert and William, Earls of Gloucester, to the Burgesses of Tewkesbury.

FIRST, every burgh shall pay 12d. rent per annum for all services; and every burgess may, at inclination, grant, mortgage, sell, or in any other manner alienate, any burgage of his own purchase to whomsoever he pleases, saving the lord's service: and if that burgage devolves by inheritance, his heir or heirs shall hold it; and his next heir, at the decease of his predecessor, from whom the right ought to descend to such heir; and he shall have seisin immediately, without making any exhibition to the bailiff or steward: and if burgesses should have two burgages, and wish to lease one of them, they may grant the same liberties to the lessee which they themselves enjoy; and if any one hold half a burgage in chief of our lord the earl, he shall enjoy the same privilege as if he held a whole one. Item. - The burgesses owe no suit against their will at the mill, or in fulling or dying cloth. Item. - No burgess shall give heriot or relief for his burgage, but may marry his son or daughter, without soliciting licence from any one. Item. - Any one may sell his wood, horse, or any other article he legally holds, without licence of the lord. Item. - By whatsoever death any burgess may die, criminal punishment excepted, his wife and children shall have his goods; but if he have none, his next relatives. Item. - A burgess, if through distress of circumstances he is obliged to sell or mortgage his burgage, ought first, for a second or third time, to ask his heir to find him necessaries; and if he refuses, such burgess to follow his own inclination. Item. - No free tenant of another lordship, if he have a burgage, is at liberty to take the cattle or goods of his tenant, extra burgum. Item. - Every burgess may brew and bake, without licence, toll, or custom; and he may make toralls, dovecotes, and a horse or hand-mill: and if he shall have been summoned to the hundred, and shall have gone upon his own business out of the town, or be ready to set out, provided he

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has one foot in the stirrup, and can bring two neighbours to prove it, he shall be free. Item. - The knights and free tenants shall be free in the hundred, and the market from toll, for all things sold or bought for their own use, unless they should be in trade. Item. - My lord, the bishop, shall be free concerning his demesn table, if his homagers pay custom. Item. - The templars, hospitallers, and monks, pay custom, unless they have a charter of Earl William, or Earl Robert. Item. - A cart, laden with corn or pease, shall pay custom: the buyer shall give for the said cart, to wit, one halfpenny; a cart, laden with different wares, 1d. stallage, to wit, a horse-load; a seller of iron, who shall carry the iron, one farthing, to wit, for the load one farthing; to wit, for six pigs 1d. and for six sheep 1d. and for five lambs 1d. Item.- Any ware of 3d. value or less, shall be free from toll: if it be of higher value it shall pay. Item. - Chapmen shall pay one farthing for stallage to the lord; and the bringer of a piece of linen for sale, even though he should cut it, one farthing. And all the burgesses, knights, and free tenants of the above honour are quit from toll at Gloucester, and through the whole county, except for raw skins and hairy hides. Item. - No burgess is obliged to attend the hundred out of the town, any summons notwithstanding.

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No. 2.

[Chapter 2. - Page 24.]

Charter of King Edward III. reciting and confirming previous Grants to the Burgesses of Tewkesbury; and also granting further Privileges.

From the Roll of Charters of the eleventh year of King Edward III. No. 21.

THE King, Archbishops, Bishops, Abbots, Priors, Earls, Barons, Justices, Sheriffs, Provosts, Ministers, Bailiffs, and all his faithful subjects Health:

We have inspected the charter of Lord Gilbert heretofore Earl of Gloucester and Hertford, in these words; Gilbert de Clare, Earl of Gloucester and Hertford, to all whom these presents shall come Health. Whereas in time past William and Robert heretofore Earls of Gloucester and Hertford, our progenitors, each one after the other, for them and their heirs, granted and confirmed to their burgesses of Tewkesbury and their heirs and successors, the liberties underwritten:

 HISTORY OF TEWKESBURY.323

First, that the burgesses of the borough aforesaid should have and hold their burgages in the borough aforesaid by free service, that is to say, every of them holding one burgage should have and hold it by the service of twelve-pence by the year to the said earls to be rendered; and if they held more, then they should have and hold by the service of twelve-pence a year for every one; together with the service of doing suit at the courts of the said earls of the borough aforesaid, from three weeks to three weeks for all services. So that, after the decease of every of the aforesaid burgesses, his heir or heirs should enter into the burgage or burgages aforesaid, of whatsoever age or ages he or they should be, and the same should hold free from relief or heriot. And to the said burgesses, and every of them, that he or they, who had a burgage or burgages of his or their own purchase, in the said borough, might at their own wills sell, mortgage and exchange the same with other burgesses, without any redemption to be made. So that the burgesses to whom such burgages were sold, mortgaged or exchanged, their charters or writings, which they had thereupon, before the steward of the aforesaid earls in the court of the said borough should shew forth. And if any of them should hold half a burgage, he should have it with the same liberty with which the tenants of a whole burgage had and held theirs, according to the quantity of their burgage. And that no burgess of the borough aforesaid, by reason of his burgage or half burgage, should in any manner be taxed or make any ransom of his blood, or be disquieted or disturbed by reason of the sale of any horse, ox, or any other their cattle whatsoever; but every of them should use their merchandises without challenge. And to the said burgesses, that they might make their testaments, and their chattels and their burgages which they had of their own purchases they might lawfully dispose in their testaments, at their own wills. And if it happened that any of them should become poor, whereby he should be necessitated to sell his burgage, having first asked of his next hereditary successor, or before his neighbour, three times, to find him his necessaries in victuals and cloathing, according to his quality, which if he would not do, it should be lawful for him at his own will to sell his burgage for ever without challenge. And to the said burgesses, that they might make bread for sale in their own or others' ovens; and beer or ale for sale, in their own or others' furnaces, saving or so that they kept the king's assize. And that they might make ovens or furnaces, pro-, vide beds or lodging, and hand mills, without the hindrance of the earls aforesaid or their bailiffs whatsoever. And that none of them should be obliged to come out of the borough aforesaid, by any summons, to the hundred of the said earls of the honour of Gloucester, in the county aforesaid, by reason of their burgages aforesaid. And if any stranger, who was not a burgess, nor the son of a burgess, should buy a burgage or half a burgage in the said borough, he should come to the next court following of

324HISTORY OF TEWKESBURY. 

the said borough, and do his fealty, and pay a fine for his entry. And that all the burgesses who should hold a burgage or half a burgage, and who should sell bread and beer, should come to the law-day and the soke-day, and there should be amerced for their assizes broken, if they had been amerceable by the presentment of twelve; so that every burgess should answer for his family, sons and tenants, unless they should be attached to answer for any trespass at the day aforesaid. And to the said burgesses, that they should be quit of toll and custom within the dominion of the aforesaid earls, in the honour of Gloucester and elsewhere, in England, according as they antiently used to be. So that no stranger should buy corn in the borough aforesaid, nor put it in a granary or store, nor keep it above eight days, viz. between the first day of August and the feast of All Saints, which if he should do, and thereof be convicted, should be amerced at the will of the aforesaid earls or their bailiffs. Nor after the feast of All Saints and the first day of August, should buy corn to put and keep in a granary or store, nor carry it by water, without the licence of the aforesaid earls or their bailiffs of the borough aforesaid, and should pay the customs. And that no stranger should be received by the steward, clerk, or by any other on the part of the said carls, to be within the liberty aforesaid, unless it should be testified by lawful men of the borough aforesaid that he was good and faithful. And if any burgess should be out of the borough at the time of summoning the court aforesaid, and cannot reasonably be warned, he should not be amerced for his default. And if any stranger should be received within the liberty of the borough aforesaid, he should find sureties that he should carry or behave himself faithfully and in good manner to the aforesaid earls and their bailiffs, and orderly or quiet to the commonalty of the said borough. And that the said burgesses should be bailiffs and serjeants of the said borough, as often as they should be elected thereto, at the will of the aforesaid earls, their stewards and bailiffs, and by the election of the commonalty of the borough aforesaid, from year to year. And that the burgesses aforesaid should have common of pasture for their cattle in the common pasture of the borough aforesaid, according to the burgages which they had in the same borough, as hitherto they have accustomed to have.

We, therefore, liking and approving the gifts and grants aforesaid, do, for us and our heirs, grant and confirm the same for ever, these being witnesses, The Lord Bartolus Badelesmere, Roger Tyrrell, Gilbert of Saint Andoen, Giles de Beauchamp, John de Harecourt, Robert de Bowes, John Tyrrell, knights, Master Richard de Clare, John de Chelmsford, clerks, and others. Given at Rothwell, in the county of Northampton, the twenty-sixth day of April, in the year of grace one thousand three hundred and fourteen, and in the seventh year of the reign of King Edward the son of King Edward,

 HISTORY OF TEWKESBURY.325

We, therefore, approving and liking the gifts, grants and confirmations aforesaid, do grant and confirm the same, for us and our heirs and successors, as much as in us lies, to the now burgesses of the town aforesaid and their heirs and successors, burgesses of the said town, as the charter aforesaid doth reasonably witness or import.

And moreover, whereas, in the charter of the said earl, it is contained, that the said burgesses be free of toll and custom within the lordship or dominion of the aforesaid earl, in the honour of Gloucester and elsewhere, in England, according as they antiently have used to be; We, for a fine which the said burgesses have made with us, have granted for us and our heirs, that the said burgesses and their heirs and successors, burgesses of the said town, be for ever free of toll, pannage, morage, pontage, quayage, lastage, pickage, stickage and stallage, and of all other customs, as well within the liberty of the said earl or elsewhere, throughout our whole realm; these being witnesses, The venerable fathers John Archbishop of Canterbury, primate of all England, Anthony Bishop of Norwich, Master Robert de Stratford archdeacon of Canterbury our chancellor, Master William La Zouch our treasurer, Richard Earl of Arundell, Robert de Ufford Earl of Suffolk, Henry de Ferrers, John Darcy le Neven steward of our household, and others. Given by our own hands, at the Tower of London, the twelfth day of August, by the king himself, and for a fine of twenty marks. Gloucester.

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No. 3.

[Chapter 2. - Page 24.]

Petition of the Commons, anno 8 Hen. VI. 1430.

From the Rolls of Parliament.

A Roy notre tres Soverain Seigneur, et a les Seigneurs Espirituals et Temporels en cest present Parlement.

BESEECHETH meekly the Bailiffs, Burgesses and Commonalty of the town of Tewkesbury, within the county of Gloucester; that whereas the said town of Tewkesbury, within the said county of Gloucester, is nigh adjoining to the river of Severn within the same county, which river is common to all the liege people of our Sovereign Lord the King, for to carry and re-carry, within the stream of the said river, in boats, trows, and otherwise, all manner of merchandise and other goods and chattels to

326HISTORY OF TEWKESBURY. 

Bristol, and to every part adjoining unto the said river; in which river divers persons of Tewkesbury aforesaid, oftentimes and now of late, have charged their own vessels and trows, with wheat, malt, and other corn and goods to the value of £500; and as the said vessels and trows so charged have conveyed in the said river towards the said town of Bristol, by the coasts of the Forest of Dean, within the said county, adjoining to the said river, there have come great multitudes of people, and routs of the commons of the said forest, and of the hundreds of Bledisloe and Westbury, with great riot and strength, in manner of war, as enemies of a strange country, and have with force despoiled the said persons of the said vessels, and taken from them all their corn and goods within the said vessels, and them have menaced and threatened to put to death, if they made any resistance, or any suit, quarrel, or complaint for the same, to the great hindrance, loss, and impoverishment of them, and oppression to all the country adjoining. And since ye, our Sovereign Lord, by the advice of your council, sent your letters of privy seal, directed to divers persons of the said forest, to make proclamation, that there should no man of your said forest be so hardy to disquiet or disturb your people in passing by the said river, with all manner of corn or goods and chattels, or any other manner of merchandise, upon the pain of treason; after which proclamation so made, the said trespassers came to the said river with greater routs and riots than ever they did before, setting no prize by your said letters of privy seal, and there despoiled eight trows of wheat, malt and flour, and other divers goods, and the men of the said trows cast over board, and divers of them drowned, and the hawlsers of the said trows cut in twain, and menaced the owners of the said goods, and the said trowmen, that they should not be so hardy aa to carry any manner of victual, by the said stream, up nor down, for lord nor lady; and that they would hew all to pieces the said trows, and their goods heave overboard, if they came any more by the coasts of the said forest; for which riot and rebellion there dare no person of Tewkesbury aforesaid, nor of the country adjoining, carry corn nor other goods in the said river; nor sue to have remedy for such oppressions and wrongs done to them; inasmuch as the said forest and hundreds, being large countries, and wild of people, and nigh adjoining to Wales; and all the commons of the said forest and hundreds being of one affinity in malice and riot, setting no prize by the law, nor by the officers, nor by the minister thereof; nor caring for the process nor the punishment of the law of the land, insomuch that they will not obey any minister of the law, nor the execution thereof but at their own lust; nor the officers nor the ministers of the law of the said county in any wise dare come within the said forest, or execute any matter or process of law against the will or intent of the commons of the said forest and hundreds.

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Please it therefore, our said sovereign lord, by the advice and assent of all the lords spiritual and temporal in this present parliament assembled, considering the mischiefs aforesaid, and the inconvenience that is likely to fall thereof; to ordain, by authority of this present parliament, that in every such case to come, or within the year last past, as follows: - The sheriff of the said county, or the bailiffs of the town of Gloucester for the time being, or one of them, on pain of forfeiture of £.20 to be levied of their lands, goods and chattels to the king's use, to make proclamation at Gloucester aforesaid, within four days next after notice made to them or to any of them by the said persons so wronged, and the trespasses done, that the said trespassers restore in the same town of Gloucester within fifteen days after the said proclamation, to the said parties so wronged, their said corn and merchandise, goods and chattels so taken, or the very value of them, with reasonable amends for their harms of such taking. After proclamation, if the said trespassers restore not the said corn, merchandise, goods or chattels, or the value of them, to the parties so aggrieved, in the form abovesaid, with reasonable amends for their harms; or if the said trespassers be not brought to your prison, to the castle of Gloucester, for the said trespasses, by the officers of the said forest and hundreds, or by the commonalties of the same, to be demeaned in such case by the king and his council; that then by consideration of the statute of Winchester set for the robbery of any person, which sueth an action for him that is robbed, against the hundred within which the said robbery be done, after the form of the said statute, the same commonalties be charged of the same corn and merchandise, goods and chattels so taken, or of the very value of them, to the parties so grieved; and to satisfy them of their harms for the same taking. And that the said parties so wronged and grieved, may have their general actions of debt against the said commonalties of the said forest and hundreds, of the sum of money to the which the value of the corn, merchandises, goods and chattels so taken do extend. That although the commonalties be no commonalties incorporate, that they have process in such actions of debt, by summons, attachment and distresses, as is to be had in any action of debt at common law; so that if the said commonalties make default at the second distress in such actions, that then the party that sueth have judgment to recover his debts against the said commonalties, after the disposal of their goods, in the form abovesaid, with his reasonable costs and damages. And whatever issue triable by inquest in the said forest and hundreds happeneth to be taken in such actions, that it be tried by inquests of the body of the said county, out of the same forest and hundreds. And that the goods and chattels of every singular person of the said commonalties, for the time being, be had, taken and holden, as the common goods and chattels of the same commonalties, touching the return, serving and all execution of the writs,

328HISTORY OF TEWKESBURY. 

processes and judgments, in and of the said actions. And that every singular person of the said forest and commonalties have power, by the authority of the same parliament, to attach and arrest the said trespassers by their bodies, as well within the said forest as without, and them so arrested to commit to their said prison. And that the keeper and warden of the same prison, upon pain of forty pounds, to be levied of his goods and chattels, lands and tenements to the king's use, safely keep every person to his ward so committed, until the time the king or his council have of record their deliverance ordained and provided. And if the goods or chattels of any singular person or persons of the said forest or hundreds, being not guilty of such despoiling, happen to be put in execution because of any such actions or judgments, that then the action of debt or trespass upon their case may be had against the said trespassers, to recover the damages as well for the value of their goods and chattels so put in execution, as for their damages and costs that happeneth to be had, because of the said actions of debt; having such processes in the said actions of debt or trespass, as are to be had in the said actions of debt for the said persons so endamaged and despoiled.

Resp. Soit fait comme il est desire par la petition.

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No. 4.

[Chapter 3. - Page 31.]

These are the Names of the Noblemen that were slain at Tewkesbury Field.[443]

From a MS. in the possession of J.B. Nichols, Esq. F.S.A.

THE Lord Edward Prince, son of King Henry, in the field of Gaston beside Tewkesbury slain, and buried in the midst of the convent choir, in the monastery there, upon whom God have mercy.

 HISTORY OF TEWKESBURY.329

Lord Edmund, late Duke of Somerset,[444] taken and beheaded, and buried before an image of St. James the Apostle, at an altar in the said monastery church, on the north part.

Lord John Somerset,[445] brother to the said Duke of Somerset, slain in the field there, and buried with his said brother before the image of St. James, towards Mary Magdalen's altar.

Lord Thomas Courtney Earl of Devonshire,[446] slain in the same field, and buried about the midst of the said altar of St. James in the said monastery church.

Lord Wenlocke,[447] slain in the field, and his body taken from thence to be buried.

Sir Humfrey Hadley,[448] there taken and beheaded, and buried with the

330HISTORY OF TEWKESBURY. 

aforesaid Thomas Courtney Earl of Devonshire in one sepulchre place before the said altar.

Sir Edmund H ----- knt.[449] slain in the field, and Sir William Wittingham, knt.[450] slain also in the field, and both bodies buried also in the body of the said monastery church, called the parish church, beside St, George's chapel.

Sir John Delves the elder, slain in the said field; and Mr. John Delves his son, taken and beheaded; and both buried beside St. John's chapel, in the said parish church, and their bodies afterwards taken from thence to their own country.

Sir John Locknore,[451] slain also and buried in the said parish church, beside the bodies of Sir Edmund and Sir William beforesaid.

Sir William Vauxe, knt.[452]slain in the said field, and buried in the said parish church, before an image of our Lady, in the north side.

Sir Servage of Clifton, knt.[453] taken and beheaded; Sir Wm. Car, knt. Sir Henry Rose, knt. all beheaded and buried in the church-yard there.

Sir Willm. Lermouth, knt. Sir John Urmon, knt. Sir Thomas Seymor, knt. Sir Willm. Rowes, knt. all slain in the field, and buried in the church-yard there.

Sir Thomas Trisham, knt. taken and beheaded, whose body is buried in the said monastery church, before a pillar between the altar of St. James and St. Nicholas.

Sir Wm. Newborough, knt. taken and beheaded, whose body is buried in the parish church, beside the font of baptism there in the south side.

Mr. Henry Barrow, esq. slain and buried in the parish church, before an image of St. Clement, pope and martyr, and his body afterwards was taken from thence to his own country.

Mr. Fielding, esq. Mr. Harvy, recorder of Bristow, both slain in the field, and their bodies buried in the church; with many others.

John Gower,[454] sword-bearer of the prince; John Flord, banner-bearer of the Duke of Somerset; Henry Tressam, Walter Courtney, Robt. Acton,

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Lewis Myles, Leph. Feild of Westminster, Mr. Gogh, esq. Sir Thomas Tressam his clerk, ----- Turnbull, all taken and beheaded, and their bodies buried in the church.

Also the Prior and Lord of St. John's beside London, taken in the field, and with others beheaded, whose body being inclosed in lead was taken from thence unto his own place.

These were there presented to the King and pardoned:

Lady Margaret, queen; Lady Anne, princess; Sir Foskew, chief justice of England; Doctor Makerd, John Throgmorton, Mr. Reynton, Mr. Wroghton, all pardoned.

Sir Hugh Courtney,[455] taken and afterwards beheaded.

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No. 5.

[Chapter 3. - Page 25.]

Ancient Account of the Battle of Tewkesbury.

IN the twenty-first volume of the Archaeologia, is an interesting account of King Edward the Fourth's Second Invasion of England, in 1471, translated from a French manuscript preserved in the public library at Ghent; from which we extract that portion relating to the battle of Tewkesbury.

In an introductory letter, written by Edward Jerningham, esq. F.S.A., to the secretary of the Antiquarian Society, it is said, that the manuscript appears to be an illuminated transcript of a report, drawn up by one of the followers of King Edward the fourth, in his final expedition from Zealand, anno 1471, and forwarded to the court of Charles the Bold, Duke of Burgundy, through whose advice and aid the same had been principally planned and effected.

The report is divided into four heads or chapters; is written on vellum, of a quarto size, and at the head of each of the four chapters is an highly finished illuminated miniature.

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Miniature 1, represents the battle of Barnet.

Miniature 2, represents the battle of Tewkesbury. Edward appears conspicuous on a brown horse, in complete armour, bearing on his shield the royal arms of France and England, with a crown on his helmet, and charging at the head of his horse. In front of the Lancastrians, a young knight with light-coloured hair, appears just beaten to the ground, his head uncovered, and the uplifted sword of a knight, mounted on a white charger, richly caparisoned, just ready to strike it off. This probably was intended to represent the death of Prince Edward, by the hands of the Duke of Gloucester or Clarence: in front, the archers appear mutually engaged; the Yorkists, seemingly, with a plentiful supply of arrows at their feet.

Miniature 3, represents King Edward standing in armour, his shield emblazoned, without his helmet, and a gold crown on his head, witnessing the execution of the prisoners taken at Tewkesbury. The executioner (a remarkably large man) appears upon a platform of wood raised with two steps; his axe uplifted, ready to strike off the head of the Duke of Somerset, who is bending over a block, clad in armour, with long gilt spurs, without his helmet, and a white bandage over his eyes; the other prisoners stand close to the platform, with mournful countenances, their hands tied before. John Lonstrother, the Prior of Saint John of Jerusalem, stands foremost, dressed in a long black gown, with the white cross of his order (now Maltese) on his left breast.

Miniature 4, represents the attack made by Thomas Nevill, son to the Lord Thomas Fauconberg, and commonly called the Bastard of Fauconberg, upon London.

How the Queen Margaret, and the Prince of Wales her son, arrived in England; how after their arrival they assembled a vast army; of the great battle King Edward fought with them, and how the Prince of Wales was therein slain, and great numbers with him routed.

The king received intelligence, on the 16th of this month, (April), that Margaret the pretended queen, in virtue of her usurped claim, accompanied by her son Edward the pretended Prince of Wales, with their adherents, were arrived in the kingdom, having landed on the western coast, and were advancing to encounter him with all the force they could muster, and that, bending their march still more to the west, they were making for the city of Exeter, where, with the assistance of numerous partizans in Cornwall, Somersetshire, and Dorsetshire, and other counties adjacent, the Duke (of Somerset), aided by the Earl of Warwick, had been enabled to espouse openly the quarrel of King Henry.

The said Edward and Queen Margaret were in a short time joined by great numbers of the people; in consequence of which, on the 22d day of

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the same month, our sovereign lord resumed the field without delay, and moved forward with such rapidity, Edward and the queen advancing equally on their side, that he soon came to within eighteen miles of the place where they were posted, viz. in the city of Bath, and where, according to the information he received, they purposed to give him battle. Immediately on the receipt of this intelligence, the king drew up his army in the finest array, and remained under arms the whole of the night, in the hopes of fighting the said Edward and Margaret towards break of day; but Margaret and her son, when they had learned the king's resolution, and in what fine array his army was drawn up, changed their plan, and taking another route, marched with their whole force towards a strong city called Bristol, into which they were admitted through the aid and assistance of certain rebels, and were recruited by a supply of men, provisions, and money. Hereupon they resumed sufficient courage to sally forth out of the said city, and to offer the king battle as before; and on the 2d day of May, they chose and appointed a field for the combat, about nine miles from the town; as soon as this was made known to the king, he immediately advanced within two miles of Edward and Margaret; but they, as soon as the king's approach was proclaimed, broke up their camp, and marching during that night and the following day, being thirty-six miles, reached, with their whole army, the town of Tewkesbury. Intelligence of this being brought to the king, he instantly pursued them with his whole force, and made so rapid an advance, that on the 3d of May he came within three miles of Tewkesbury, and there lay encamped in the open fields: the following morning, the king moved forward in the finest order, and came before the town, where he found the rebels drawn up and marshalled in a wonderful strong position. The king hereupon recommending his cause and quarrel to our blessed Creator, attacked on the 4th of May, and through the aid of our blessed Creator, obtained a victory over his said rebels. In the battle, Edward, the brother-in-law of the aforesaid Duke of Somerset, called Marquis of Dorset, Earl Bourchier, and the Lord Wenlock, with many other noble knights and squires were slain; and there were made prisoners, Edmund, stiled Duke of Somerset, the Prior of Saint John, with divers other knights and squires.

How the Duke of Somerset and the Prior of Saint John, with several other Knights and Squires, made prisoners at the Battle, were beheaded in the Town of Tewkesbury.

The battle being thus over, the king entered the town of Tewkesbury, and therein caused to be beheaded, on the 6th day of the aforesaid month of May, the Duke of Somerset, the Prior of Saint John, together with several other knights and squires, and divers other gentlemen, who for a length of time had been the instigators of the rebellion.

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These things being done, the king departed from thence the 7th day of the said month.

The king, continuing his march, arrived in London on the 21st of May, accompanied by many great nobles, and the prime gentry of the kingdom, with other warlike personages, to the number of 30,000 horsemen.

During the period which elapsed between the battle fought at Tewkesbury, and the king's arrival in London, Margaret, the pretended queen, with divers captains of the party of her son Edward, were made prisoners and placed in safe custody, in which they remained.

Here follow the Names of those who were killed at the last Battle, which took place at Tewkesbury, the 4th of May, 1471.

Edward, called Prince of Wales,Sir John Delues,
Sir John of Somerset,Sir William de Vauby,
The Lord of Weneloch,Sir William Fildind,
Sir Edmund Hampden,Sir Robert Wininguem,
Sir John Wellenor,Sir Nycolas Herby, and several others, making a thousand.
Sir William Roos, 

Here follow the Names of those who were beheaded.

The Duke of Somerset,John Flory,
The Prior of St. John, called Sir John Longhenstod,Robert Jackson,
Sir William Votary,John Sowen,
Sir Gervase Clifton,Sir Thomas Tresham,
Henry Tresham,Sir William Webingh,
John Delues,Sir Hunerefry,
Walter Courtnay,William Grynnsby, judged to death and pardoned.
Loy Mills, 

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No. 6.

[Chapter 6. - Page 88.]

Abstract of the Grant of the Manor by King James the first.

THE King, by letters patent, dated 23d March, in the seventh year of his reign, in consideration of £.2453. 75. 4½d. granted to the Bailiffs, Burgesses and Commonalty of the Borough of Tewkesbury and their successors.

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His manor and borough of Tewkesbury, late parcel of the possessions of the monastery of Tewkesbury.

His rents of assize and of free tenants of Tewkesbury, amounting to £.8. 8s. 8d.

And certain houses in Tewkesbury, some of which are described as "messuages, tenements and burgages", and some as "messuages or tenements", without the addition of the term burgage.

Also all profits of courts of the said manor, of the yearly value of 6s. 8d.

Also his manor of Tewkesbury, sometime parcel of the possessions of Thomas Lord Seymour attainted.

And certain parcels of land in the Severn Ham[456] in Tewkesbury, and certain other parcels of land.

And the perquisites of court of the last-mentioned manor, amounting to 3s. 4d. a year.

Also his hundred of Tewkesbury, in the counties of Gloucester and Worcester, late parcel of the possessions of the said Thomas Lord Seymour, and the liberties thereto belonging.

Also the liberty called Tewkesbury Liberty.

Also the rents of assize of his free tenants within the hundred or liberty of Tewkesbury, of the value of 7s. 8d.

And the profits and perquisites of the courts of the hundred and liberty of Tewkesbury, of the value of £.1. 6s. 8d.

Also the manor and borough of Tewkesbury, late parcel of the lands and possessions called Warwick's and Spencer's Lands.

Also divers other messuages, &c.

Also his rents of assize, as well of free as of customary tenants, within the borough, of the yearly value of £.9. 17s. 11d.

And all his customary lands and tenements from which the same are payable.

Also his rents or duties called finestall, of the value of 19s. 2d.

Also his stallage in the market, &c.

Also his fines of the companies of taylors and mercers.

336HISTORY OF TEWKESBURY. 

Also the tolls for stalls fastened to the ground, &c.

Also the perquisites and profits of the courts of the manor and borough of Tewkesbury.

Also all markets and fairs within the manor, borough, hundred and liberties aforesaid.

Also the office of bailiff of the hundred and liberty of Tewkesbury. And all rents, amerciaments, tolls, &c. &c.

And the tolls and customs of the drifts in the Severn Ham aforesaid. To hold unto and to the use of the said bailiffs, burgesses and commonalty and their successors for ever.

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No. 7.

[Chapter 8. - Page 98.]

Some Account of the Order of Benedictines.

ST. BENEDICT, the founder of the order of monks bearing his name, was the son of a Roman senator, and born (according to his biographer, Pope St. Gregory the Great), in the province of Nursia in Italy, in the year 480, and died in 543.

St. Anthony the Great is believed to have been the first person who collected a body of devotees, and induced them to live together under his superintendance. The earliest monastery is thought to have been founded by him, about the year 350; but there was no regular monastic order known until the appearance of St. Benedict, who founded twelve monasteries, the most eminent of which he erected on Mount Cassin, on a spot where a temple of Apollo had stood for ages.

This order is said by some to have been brought into England by St. Augustin in 596, but others think it was little known before King Edgar's time, when St. Dunstan and St. Oswald favoured the Benedictines in opposition to the secular clergy.

The Rule of St. Benedict, at the second council of Douzy in 876, was declared to be an inspired work, "of equal authority with the canonical scriptures"; and Leo, archbishop of Ravenna, calls it a divine Rule, dictated by the Holy Ghost, and leading infallibly to heaven.

The following is the substance of some of the principal Rules of the Order of St. Benedict, which the founder divided into seventy-three chapters or canons.

 HISTORY OF TEWKESBURY.337

The monks were obliged to perform their devotions seven times within the twenty-four hours. - 1. At cock crowing, or nocturnal: this service was performed at two o'clock in the morning, and was taken from David's saying, "At midnight will I praise the Lord", and from a tradition that our Saviour rose from the dead at this hour. - 2. Mattins: these were said at the first hour, or, according to our computation, at six o'clock; as at that time the Jewish morning sacrifice was offered, and the angels are also supposed to have acquainted the women with our Saviour's resurrection at this hour. - 3. The tierce: this service was at nine in the morning, the time when our Saviour was condemned and scourged by Pilate. - 4. The sexte: this office was observed at twelve at noon, as the time when our Saviour was crucified, and the sun eclipsed to a total darkness. - 5. The none was sung in the choir at three in the afternoon; as at this hour our Saviour expired, and it was also the time for public prayer in the Temple. - 6. Vespers were said at six in the afternoon, the time of the evening sacrifice of the Jews in the Temple, and of Christ being taken down from the cross. 7. The compline was solemnly sung at seven o'clock at night, when Christ's agony in the garden was supposed to have begun. - After this service, the monks were not permitted to talk, but retired to bed in silence at eight o'clock; so that they had six hours sleep before the nocturnal began. - All were to sleep in separate beds, with their clothes and their girdles on, and a lamp to burn all night. Their beds were a mat, some straw, and a pillow: their covering, a blanket and a piece of serge. - Punishments were inflicted for disobedience in proportion to the extent of the crime, from simple exclusion from the dinner table to total expulsion from the monastery. - The monks were to serve weekly in rotation in the kitchen and at table; to wash the feet of the others, and on Saturdays to clean all the plates and the linen. They were not permitted to talk in the refectory at their meals, but hearken to the scriptures read to them at the time: the readers, waiters, cook, &c. to dine by themselves after the rest. - Two different dishes and a pound of bread were allowed to each monk; but meat was strictly forbidden to all but the sick. - Six hours in each day were to be devoted to work, and two to reading. - Guests and strangers were admitted to the prior's table. Every monk was to have two coats and two cowls; and when they had new clothes, the old were to be given to the poor.

The form and colour of the dresses of the monks of the Benedictine order were not fixed upon by the founder; but it was subsequently ordained, that they should wear a long loose gown of black stuff, reaching down to the heels, with a cowl or hood of the same material, and a scapulary; under that a closer habit of white flannel, and flannel boots. From the colour of their outward garment, they were sometimes called black monks. Each of the brotherhood was also provided with a knife, a needle, a handkerchief, a steel pen, and tablets for writing upon.

338HISTORY OF TEWKESBURY. 

Every day in Lent they were enjoined to fast till six o'clock in the evening. From Easter to Whitsuntide they dined at twelve and supped at six: in this interval, the primitive church observed no fasts. At other times, the religious were bound to fast till three o'clock on Wednesdays and Fridays: the twelve days in Christmas were excepted.

In the canons of Alfric, archbishop of Canterbury, A.D. 996, the tide songs were thus appointed: the light song, or Mattins, early in the morning; the Prime song at seven o'clock; the Undern song at nine o'clock; the Mid-day song at twelve o'clock; the None song at three o'clock; and the Night song at nine at night.

In every abbey, besides the abbot, was a prior, who in the superior's absence had the chief care of the house. Under him was the sub-prior, and in great abbies the third and fourth prior, all removable at the will of the abbot. They had also four great obedientiurii, or officers, viz. the sacrista or sexton who took care of the buildings, the vessels, books, and vestments of the church; the thesaurarius or bursar, who received all the rents and revenues of the monastery, and disbursed all expenses; the cellarer, who provided food for the house; and the camerarius or chamberlain, who found the clothing. Besides these, there were the almoner, infirmarer, and other inferior officers.

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No. 8.

[Chapter 8. - Page 101.]

Carta Ordinationis Ecclesiae Theokesburiensis, tempore Giraldi Abbatis, et Roberti filii Haimonis.

IN nomine Patris et Filii et Spiritus Sancti, Amen. Ordinata est ecclesia sanctae Mariae Theokesburiensis coenobii. Divisa sunt viz. ejusdem ecclesiae quaeque ministeria; et nominatim sunt distributa quasque quibusque, et singulis ministeriis pertinentia in eisdem ministeriis perpetualiter, quamdiu scilicet saeculum duraverit Deo opitulante firma assertione permansura et convenienter divisa sunt et constituta ad singulas utilitates domus Dei regendas et promovendas quaeque necessaria, sicut subsequenti capitulatione inscribitur. Sunt autem haec ad monachorum mensam pertinentia. In ipsa Theodekesburia molendina duo, piscaria una, terra de Phytentona, decima domini et hominum ejusdem villae, decimae quorundam vicinorum, tertia pars omnium elemosynarum quae fuerint in ecclesia, vel in capitulo

 HISTORY OF TEWKESBURY.339

quocunque modo fiunt in eadem domo Dei, praeter consuetudines parochiae, ecclesia sancti Petri de Bristoll, obedentia de Wallis praeter terram quae fuit Walchelini, Balingehopa, juxta Hereford, Wasseburna, Stanleya, Staneweya, Tatintona, Leomintona, Amenel, Altentuna, Werftona, Tarenta. Hoc autem manerium Tarenta dedit abbas ejusdem ecclesiae nomine Gyraldus, prece Roberti filii Haymonis, ad emendationem victus monachorum die hujus ordinationis. Unde tunc definita fuit fore cotidiana melioratio victus eorum duodecim denar.

Erant vero tunc in ecclesia monachi numero LVII.

Ad vestes monachorum pertinet ecclesia de Wairford, terra de Middelonda, omnes ecclesiae quae fuerunt Roberti capellani, Kingestona, postquam coenobium aedificatum fuerit. De manu abbatis centum solidi, donec constituantur in terra.

Ad secretariam pertinent omnes consuetudines parochial praeter decimas. De elemosina Dominici xl. sol. tertia pars omnium extrinsecarum elemosinarum quae fiunt in eadem ecclesia.

Ad emendum parcamentum pertinet quaedam terra in Wallis quae fuit Walkelini, decima Roberti de Baskereville.

Ad elemosinam pertinet Ceotel in Dorsete, terra de Pequemintona, una haya ad Wyncelcumbam, decima totius victus coenobii, decima census de Bristoll.

Caeteri redditus et terras quas privilegium ecclesiae nominando distinguit, ad emenda terras, ornamenta, ad supplenda omnia deficientia praadictorum, ad agenda quaelibet opera, ad explendas omnes res abbatis ordinantur.

Facta est haec Ordinatio a praedicto abbate monitu et consilio Roberti filii Haymonis ejusdem ecclesiae fundatoris et domini, ipso praesente et Sibilia uxore sua, atque filia sua Mabilia, Gylbertoque de Deulframvilla, Ricardo de Croyle, multisque aliis, praesente etiam toto conventu ipsius ecclesiae, 5° kal. Octobris, anno seilicet ab incarnatione Domini 1105: quo eadem Henricus Rex Anglorum destruxit Baiocas incendio. Hujus ordinationis violatorem, si forte ullo tempore surrexerit, excommunicabit, eodom die abbas praedictus, ut a consortio coelesti separatus in poenis gehennalibus permaneat sine fine cruciandus, nisi satisfaciens resipuerit, toto conventu ecclesiae et omnibus qui aderant respondentibus Amen.

340HISTORY OF TEWKESBURY. 

No. 9.

[Chapter 8. - Page 102.]

Charter of King Edward I. reciting and confirming the several Charters of King William the second, and King Henry the first and second, to the Abbey of Tewkesbury.

From Atkyns's Gloucestershire.

THE King to all archbishops, &c. health: We have inspected the charter which William of famous memory, heretofore King of England, our progenitor, had granted to the church of St. Mary of Tewkesbury, in these words: I, William, King of the Englishmen, do grant for ever unto the monastery of St. Mary of Tewkesbury, these particulars following, which Robert Fitz-Hamon and his tenants did give; to wit, his fishing, with the royalty of the river, the mills, and a meadow with the tithe, and a meadow near the pasture grounds by the fishery, and the meadow of Edmondshall, and the meadow of Selden, and the land of Roger of the Vineyard, and the churches of Walis, with the lands, tithes, rents, and all other things; and one beid, with a fishery, as the island divides the beid, and a meadow adjoining to the beid; and the tithes of colts, and of the skins of venison, and all manor courts, with full privileges throughout all the lands of St. Mary, and the common of Tewkesbury, for all cattle which shall be kept in the demesnes. Witnesses, William, the chancellor; Robert Fitz-Hamon, Roger Fitz Gerard, and Walter Gillard.

We have also inspected the charter of Henry, of pious memory, heretofore King of the Englishmen, our progenitor, granted to the blessed Mary of Tewkesbury, in these words: In the name of the Holy Trinity, be it known to all good people present and to come, that I, Henry, by the grace of God, King of the Englishmen, at Marlborough, in the year of our Lord 1100, do grant, and for ever confirm, these underwritten things and lands to the church of the blessed Mary of Tewkesbury, which Robert Fitz-Hamon and other my great men have given to the said church; to wit, Gingeston and Stanley, and one hide at Mildelland, and two hides at Bermerton, one at Berchelai, a fishery at Tewkesbury, and the meadow adjoining to it, and the mills, and the church of Walis, and the tithes and church of Fairford, and the church of Cetesley, and the tithes of Denely, and the tithes of Chenucey, and half a hide at Alureton, and the tithes of Ceotel, which Robert de la Haye gave to the said church; and all the

 HISTORY OF TEWKESBURY.341

churches of his demesnes; and a fishery in Walis and Amney, which Winebald de Balaon gave to that church, with the king's leave; and the land of Robert the son of Werton, which he gave to the said church. Signed Henry, king, with a cross before his name, and with crosses for the names of all the witnesses. Hugh Earle, Robert de Belaime, William de Moriam, Roger de Poetivin, Heanric de Warwick, William the chancellor, Edward, William de Wrievvast, Eodorunus the steward, Robert Fitz-Hamon, and Hamon his brother, William de Albegni, Miles Crispin, Hugh de Belcamp, Roger de Nuvant, Nigell de Moneville, Roger le Bigod, Robert Malet, Hugh Maminot.

We have also inspected another charter, which the said King Henry granted to the said church, in these words: In the name of the holy and undivided Trinity, to all the sons and lovers of the catholic church King Henry sendeth health. Be it known unto you all, that I, Henry, by the grace of God, King of the Englishmen, for ever have granted and freely confirmed to the church of St. Mary the holy mother of God, and always virgin, in the year 1106, at Winchester, all things hereunder written, which Robert Fitz-Hamon and many others have given, or which the abbot hath purchased; and this I do for the good of my soul, and of the souls of my father and mother, and of my ancestors; to wit, the land of Byrnete, one hide, and land in Bulling Hope, and in Rerevalls, and one hide at Amney which did belong to Humphry the cook, two hides at Purbike, and one hide with two ti things of Alfrede de Nicholas, and one hide in Pamington, and one yard-land in Aston, and the church of St. Peter of Brigston, and the tithe of the rents of Brigston, and the churches which did belong to Robert the chaplain, with the lands and tithes thereof: those churches are thus severally named as followeth; one church in London called Semanneskyrk, the church of Merlane, the church of Hamelden, the church of Ascenten, the church of Marshfield, the church of Sodbury, the church of Thornbury, the church of Pentric, the church of Essemere, the church of Frome, the church of Lapaford, the church of Wincheley, the church of Edusley, the church of Sut-Molton, the church of Citelmenton, the church of Bideford, the church of Liteham, the church of Chilthenton. And I King Henry did give unto the church one vill, which was held of the honour belonging to Robert Fitz-Hamon; I gave it after his death for the good of his soul, (the vill is called Ferthelmenton); one fishery in Tewkesbury, with the royalty of the water of the fishery, as far as the land of the town doth go; and one water-mill, a meadow with the tithe of the meadows, one meadow out of the common, the meadow of Eadmundesselle, the meadow of Seldene, and common of pasture in all places within Tewkesbury for the cattle feeding on the demesnes; the land of Roger of the Vineyard, and the new-ploughed ground of North-Haye, soc and sac, toll and tein, in all the lands of the church; the court-house, with the houses near the church, which Robert

342HISTORY OF TEWKESBURY. 

Fitz-Hamon gave to the church in the town of Tewkesbury; one hay given by Godwin, two hayes given by Eglaf, and a small parcel of land given by Godwin the baker, lying near Suthmeade; and in Malveme Wood whatsoever is necessary for the use of the church, and quiet pasturage for swine in the same wood; also Kingston, Stanley, Mildeland, Bermerton, Berthele, Wodechesande, half a hide in Hamme, one yard-land in Alangeford, the church of Fairford, the church of Cetesley, the tithe of Heytrodobery, the tithe of Chenuke, the tithe of Tarente, the church of Umberley, the church of Bikenton, Amney, Wertone, Chetel, with an hide in Aiulsi, with the land of Walter; two houses in Bureford, of the gift of Radulph the priest; one yard land in Bisley, of the gift of Sybill; one hide of land in Oxendon, bought of Godric Dydicot, in exchange made by Alexander; thirty-two solidatas of land by the year, lying in a village called Aise in Somersetshire, which Gilbert de Umphrevil gave for the good of his wife's soul; two hides and a yard-land in Ascenton, given by Robert the son of Nigell. In Wales, the parish church of St. Mary of the town of Cardiffe, with one plough's tillage; the chapel in the castle of Cardiffe, with one plough's tillage; and the tithes of all the tents of the demesnes of the town of Cardiffe, the tithes of all the demesnes which Robert the son of Fitz-Hamon held in Wales, the tithes of all the barons' holding of Robert Fitz-Hamon throughout all Wales; all that branch of water of Taff which is near the church, from the issuing out of Taff 'till it goes into Taff again, to make fish-ponds therewith, or any other conveniences for the church; and the meadow on the other side of the water near the church; the village called Landoho, the land given by Walter de Landbethien, the tithes of the land which the abbot of Giocester hath in Landcarvcn, the church of Landhiltunit, the land which Wakelyn gave, the water-mill at Raz, and the fisheries which Robert de Hay gave, the land which Robert the son of Nigel gave, the church of Newcastle. All these have been confirmed by me, and my barons with me. Signed with a cross, by the several persons following. King Henry, Walter the chancellor, Girard the archbishop, Robert bishop of Nicholo, Sampson bishop of Worcester, Hugh the abbot, Humphry de Bohun, Haymon the steward, Robert earl of Mellent, the abbot of Glastonbury, Robert son of Nigell, the abbot Germund, the abbot Pharis, Roger bishop of Salisbury, Thomas the chaplain, William bishop of Exeter, the abbot Nigell.

We have also inspected the charter which the same King Henry made to St. Mary, and to the monks of Tewkesbury, in these words: Henry, by the grace of God, King of England and Duke of Normandy, to all archbishops, bishops, earls, barons, justices, sheriffs, and all our officers, health: Know ye, that I, in honour of God, and of the holy Mary, mother of God, and for the good of my soul, and the souls of King William my father, and of King William my brother, and of Queen Maud my mother, and of Queen Maud my wife, and of the souls of all my ancestors, and for the good of the soul

 HISTORY OF TEWKESBURY.343

of Robert Fitz-Hamon, have granted and confirmed to St. Mary and to the abbot and monks of Tewkesbury, all their possessions in churches and tithes, in lands and waters, in mills and fisheries, in pastures and woods, and in all other things, to hold to them in perpetual almonage, as free and discharged as Robert Fitz-Hamon held the same, who founded the same church, and as they were when in the demesne of King William my father, or Queen Maud my mother, from all payments to the shires or hundreds, from all taxes or dane money, and from all customs and other pretensions. Witnesses, Roger, bishop of Salisbury; Robert, bishop of Lincoln; Robert, earl of Mellant; Robert, earl of Gloucester; Brience, son of earl Hamo; steward of the household; Walter of Gloucester; at Winchester.

We have also inspected the charter which the same King Henry granted to St. Mary of Tewkesbury, in these words: Henry, King of the Englishmen, to all archbishops, bishops, justices, earls, barons, sheriffs, and all other officers of the respective places wherein the abbot of Tewkesbury has any lands sends greeting: Know ye, that I have granted and confirmed to St. Mary of Tewkesbury these following particulars in perpetual almonage, freely and quietly, for the good of my soul, and the souls of my father and mother, and of all my ancestors, the church of Chedesley, the church of Lethe, the tithes of Chaldewel and Fifhide, the tithes of Sutton, the tithes of Bacheberge, the tithes of Weston, given by Robert de Baskerville, the tithes of Haresfelde, the tithes of Muchelesberge; the lands called Lancadel, which Walchelin gave to the church; the land in Didicot, which the church had by exchange from Alexander de Cormeille; the land in Polton, which Adaliza de Lisle gave to the same church, for the good of the soul of Reginald de Dunstanville her husband; two hides in Purbike, of the fee of Robert de Claville; and I farther will and command, that all possessions of St. Mary of Tewkesbury be free and discharged from all pleas and taxes, and all other charges, as when they were the demesnes of Robert Fitz-Hamon, and as they arc now the demesnes of Robert my son. Witnesses, Ranulph, the chancellor; and Hamon, the steward, at Burnam.

We have also inspected the charter which Henry of pious memory, King of England, our great grandfather, granted unto the said monks, in these words: Henry, King of England, and duke of Normandy and Aquitaine, earl of Anjou, to our justices, sheriffs, barons, and other officers, and all his good people throughout England and Wales, sends greeting: Know ye, that I have granted to the monks of Tewkesbury, that they may freely and quietly buy and sell all manner of things necessary for themselves throughout all England and Wales; and I forbid all persons from giving any disturbance to them under the penalty of £.10. Witness, Humphry de Bohun, at Gloucester.

We, therefore, intending to strengthen and make good the several gifts, grants and confirmations abovesaid, to our well-beloved in Christ, the abbot

344HISTORY OF TEWKESBURY. 

and convent abovesaid, and to their successors, do, for us and our heirs, as much as in us lies, grant and confirm all things in the several charters specified. Witnesses, The venerable fathers, A. Durham; John, bishop of Carlisle; William, bishop of Coventry and Lichfield; John de Warren, earl of Surrey; Thomas, earl of Lancaster; Henry de Lacy, earl of Lincoln; John de Hastinges; John de Segrave; Hugh le Despencer, and others.

Given under our hand at Carlisle, the first day of July, by a fine levied in the exchequer.

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No. 10.

[Chapter 8. - Page 105.]

Pardon of King Henry the fifth to the Abbot and Convent of Tewkesbury.[457]

HENRICUS Dei Gratia Rex Angliae et Franciae et Dominus Hiberniae omnibus Ballivis et Fidelibus ad quos praesentes littenae pervenerint Salutcm. Sciatis quod de Gratia nostra speciali et ex mero motu nostro ob reverentiam Dei et caritatis intuitu perdonavimus Thomae Abbati de Teukesbury et ejusdem loci Conventui Sectam Pacis nostrae quae ad nos versus ipsos pertinet pro omnimodis proditionibus murdris raptibus mulierum rebellionibus insurrectionibus felonijs conspirationibus transgrcssionibus offensis negligentijs extorsionibus mesprisionibus ignorantijs contemptibus et deceptionibus per ipsos ante octavun diem Decembris ultimo praeteritum qualitercunque factis sive perpetratis murdris per ipsos post decimum novum diem Novembris ultimo praeteritum perpetratis si quae fuerint exceptis undc judicati rectati vel appellati existunt. Ac etiam utlagarias si quae in ipsos hijs occasionibus fuerint promulgate et firmam pacem nostram eis inde concedimus. Dum tamen idem Abbas et Conventus controfactores mistae monetae et eunagij multiplicatores seu lotores auri et argenti cum omni nostro cuniato et tonsores monetae nostras probatores

 HISTORY OF TEWKESBURY.345

communes et notorij latrones seu felones qui abjurationem fecerant non existant. Ita tamen quod stent recto in Curia nostra siquis versus eos loqui voluerit de praemissis vel aliquo praemissorum. Et ulterius de uberiori Gratia nostra perdonavimus et relaxavimus eisdem Abbati et Conventui omnimoda escapia felonum catalla felonum et fugitovorum catalla utlagatorum et felonum de se deodanda vasta impeticiones ac omnimodos articulos itineris destructiones et transgressiones de viridi vel venatione venditionem boscorum intra forestas et extra et aliarum rerum quarumcunque ante dictum octavum diem Decembris intra dictum Regnum nostrum et partes Walliae emersas et eventas unde punitio caderet in demandam debitam seu in finem et redemptionem aut in alias poenas pecuniarum seu in foristacturas bonorum et catallorum aut imprisonamenta seu amerciamenta comitatum villarum vel singularum personarum vel in onerationem liberi tenementi eorum qui nunquam transgressi fuerint ut heredum executorum et terrae tenentium escaetorum vicecomitum coronatorum et aliorum hujusmodi et omne id quod ad nos versus ipsos pertinet ex causis supradictis statutis liberatorum pannorum et capitiorum ante dictum octavum diem Decembris editis non obstantibus. Ac etiam omnimodas donationes alienationes et perquisitiones ad manum mortuam factas vel habitas absque licentia Regia. Neenon omnimodos intrusiones et ingressus in hereditatem suam in parte vel in toto post mortem antecessorum suorum absque debita prosecutione ejusdem extra manum Regiam ante eundem octavum diem Decembris factas una cum exitibus et proficuis inde medio tempore perceptis. Ac etiam perdonavimus et relaxavimus eisdem Abbati et Conventui omnimodos fines adjudicatos amerciamenta exitus forisfactos relevia scutagia ac omnimoda debita et computa praestita arreragia flrmarum et computorum neenon omnimodas actiones et demandas quas nos solus versus ipsos vel nos conjunctim cum alijs personis seu persona habemus vel habere poterimus. Ac etiam utlagarias in ipsos promulgatas pro aliqua causarum supradictarum. Et insuper perdonavimus et relaxavimus praefatis Abbati et Conventui omnimodas poenas ante eundem octavum diem Decembris forisfactos coram nobis seu Consilio nostro Cancellario Thesaurario seu aliquo Judieum nostrorum pro aliqua causa et omnes alias poenas tam nobis quam carissimo Patri nostro defuncto per ipsum pro aliqua causa ante eundem octavum diem Decembris scilicet forisfactas et ad opus nostrum levandas. Ac etiam omnimodas securitates pacis ante ilium diem octavum forisfactas exceptis debitis Regi de ipso aut de alijs ligeis nostris qui superstites existunt et de illis qui mortui sunt post coronationem notram debitis neenon computantibus in scaccario nostro vel alibi neenon debitis Regi debitis per recognitiones estallamenta assignationes vel obligationes Regi solum aut conjunctim cum alijs personis ut customarijs aut officiarijs quibuscunque factas ac insuper debitis computantibus seu illis qui computaverunt in scaccario sicut vicecomitibus escaetoribus et alijs officiarijs qui

346HISTORY OF TEWKESBURY. 

Regi satisfecerunt debitis et per eosdem debitores Regis non solutis. In cujus rei testimonium has litteras nostras fieri fecimus patentes. Teste me ipso apud Westmonasterium quarto decimo die Martij anno Regni nostri secundo.

 Per ipsum Regem.SIRESTONE.

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No. 11.

[Chapter 10.- Page 124.]

Accompt of the Ministers of the Lord the King in the time of Henry the Eighth.

(Abstract of Roll, 33 Hen. VIII. Augmentation Office.)

MONASTERY OF TEWKESBURY.

COUNTY OF GLOUCESTER.

Manor and Borough of Tewkesbury, with the Monastery thereRents of assize£.8122 
Rents of customary tenants2558 
Rents at the will of the lord the king6496 
Farm of the scite of the monastery3518 
Perquisites of courts1145 
Rectories of Tewkesbury, Fiddington, Walton-Cardiff, Aston-upon-Carron, Southwick and TredingtonPortions of tithes of grain40178 
Small tithes and oblations3191½
AshchurchPortion of tithes577½
Newton, Natton, Fiddington, Aston-upon-Carron, Northway, Walton-Cardiff, Tredington, Southwick, Gupshill, Pamington and OxendonPortions of small tithes4168 
Oxendon and PamingtonPortion of tithes8188 
TredingtonRent of meadow040 
Walton-CardiffPortion of tithes120 
PamingtonPortion of tithes at will020 
 Farm of a portion of tithes200 
FiddingtonPortion of tithes034 

 HISTORY OF TEWKESBURY.347

Mythe HookPortion of tithes£.134 
Severn HamPortion of tithes1176 
Avon HamPortion of tithes0134 
OldburyPortion of tithes168 
Aston-upon-CarronPortion of tithes by copy of court0134 
NorthwayFarm of tithes at the will of the lord094 
SouthwickPortion of tithes01610 
Coln St. Dennis with CalcotFarm1550 
Perquisites of courts"    
Compton Parva, with the Rectory, and Portions of Tithes in Toddenham and BourtonRents of assize160 
 Rents of customary tenants15135½
 Farm of the scite of the manor568 
 Farm of the rectory800 
ToddenhamPortion of tithes0134 
BourtonPortion of tithes0140 
 Perquisites of courts0108½
Preston-upon-Stour, with the Rectory there, and the Hamlets of Alvescot and AtherstonRents of assize030 
 Rents of customary tenants91711¼
 Farm of the scite of the manor568 
 Farm of mills204 
 Perquisites of court078 
 Farm of the rectory16134 
AlvescotFarm of the manor700 
AtherstonAnnual pension040 
WelfordRents of assize150½
 Rents of customary tenants1853¾
 Farm of the scite of the manor10142 
 Perquisites of courts2189½
Washbourn, with the Rectory, and DidcotRents of customary tenants11311 
 Farm of the scite of the manor of Washbourn, with the rectory1788 
 Perquisites of courts209 
DidcotFarm of lands and tenements760 
PrescotFarm of the manor or lordship3640
GotheringtonRents of assize022 
 Rents of customary tenants21210½
 Rents at the will of the lord the king0010 

348HISTORY OF TEWKESBURY. 

GotheringtonFarm of the manor£.7194 
 Perquisites of courts0154 
TredingtonRents of assize020 
 Rents of customary tenants050 
 Rents at the will of the lord028 
 Farm of the manor3134 
FiddingtonRents of customary tenants498 
 Farm of the manor288 
OxendonRents of customary tenants1130 
 Rents at the will of the lord002 
 Farm of the manor300 
ShevingdonAnnual pension0134 
PamingtonFarm484 
NattonRents of customary tenants086 
 Rents at the will of the lord040 
 Farm of messuages and lands2810 
SouthwickRents of customary tenants2160 
 Rents at the will of the lord0100 
 Farm538 
Manor of Walton-CardiffRents of customary tenants11168 
 Farm148 
 Perquisites of courts004 
MytheRents of customary tenants01510 
 Farm of messuage with tithes9100 
Mythe HookRents of customary tenants0100 
TwiningRents of assize0100 
 Rents at the will of the lord004 
Thamer's OrchardFarm of tenement 170   
Over LodeFarm of passage across the water of Severn called Over Lode430 
Severn HamRents of customary tenants0124 
 Rents at the will of the lord0126 
Avon HamRents of customary tenants1110 
 Rents at the will of the lord238 
OldburyRents of customary tenants244 
 Rents at the will of the lord286 
 Farm of lands118 
CowfieldFarm of three closes500 
HolehamRents of customary tenants014 
 Rents at the will of the lord040 
 Farm of meadow018 
DunesmedeFarm of meadow0140 
Carron's Place and Carron's MillFarm of messuage1154 

 HISTORY OF TEWKESBURY.349

Barcock's MillIssues of the mill£.200 
AshchurchFarm of herbage050 
NorthwayRent of lands068 
Forthampton and Swinley, with the RectoryFarm of the manor with the rectory5666 
Thornbury, with the RectoryRents of customary tenants4194 
 Changeable rents014 
 Farm of the scite of the rectory2754 
 Perquisites of courts... 
Amney Holy Cross, with Plucknett, and the Rectory of AmneyRents of assize264 
 Rents of customary tenants13111 
 Farm of the manor of Amney21166 
 Perquisites of courts3146 
SwellPortion of tithes234 
WoodmancotFarm0100 
Rectory of FairfordIssues... 
Rectory of East-LeachIssues... 
Rectory of Wotton-Under-edgeFarm of the rectory3300 
Marshfield, with the RectoryFarm of tenements and tithes3656 
HosebruggeFarm of the lordship1004 
Town of Gloucester with LongfordRents of assize of free tenants0810 
LongfordRents of tenants at the will of the lord0100 
 Farm of messuages078 
 Rents of assize of lands and tenements066 
Manor of Lemington, with tithes of the ChapelFarm of the lordship1340 
Church Stanway Wood Stanway, and TaddingtonFarm of the manor11550½
Park of Tewkesbury, with the MillFarm of herbage and pannage3868 
Broad CampdenRent of customary tenants400 
House or Cell of the Priory of DeerhurstFarm of the scite of the priory1331610¾
Town of BristolRents of assize of free tenants100 
 Rents of tenants at the will of the lord4140 
 Farm of tenements1034 
 Tithes14100 
Priory of St. James near Bristol, a Cell of the Abbey of TewkesburyFarm of the whole priory3568 

350HISTORY OF TEWKESBURY. 

City of WorcesterRents of assize of free tenants£.0156 
 Rents of tenants at the will of the lord1174 
 Farm of a tenement0120 
CheltenhamFarm of a tenement0100 
Deerhurst WaltonRents of customary tenants and lands080 
Apperley near DeerhurstRents of assize040 
Bisley near StroudRents of assize0100 
OkingtonFarm of a messuage and orchard1134 
Bishop's CleeveFarm of messuages0134 
Alderton alias AldringtonRents of assize174 
 Portion of tithes100 
DixtonRent of lands014 
WinchcombRent of tenement and land004 
GrettonPortion of tithes070 
Pull and Pull Court[458]Farm of manor with portion of tithes15910½
QueenhillFarm of the moiety of the whole manor6110 
Kinsham within the parish of BredonRents of assize020 
NortonAnnual Rent030 
MittonFarm of meadow0130 
Over StrenshamRents of assize118¼
 Rents of customary tenants1188 
BushleyFarm of the manor300 
BromhallFarm of messuages140 
ChacelyRents customary of meadow069½
RedmarleyFarm of tenements168 
PirtonFarm of manor1359 
OxeheyFarm of pasture234 
Aishton Keynes and LeighFarm of manor81188¾
Over Wroughton, Turneys and UffecoteAnnual rent160 
Poulton near MarlboroughAnnual rent500 
ShernecotePension030 
Okeborne MinorTithes1100 
Rectory of Sherston and AldingtonIssues... 

 HISTORY OF TEWKESBURY.351

SOMERSET.

BurnetFarm of the manor£.10811 

OXON.

Teynton with the rectoryFarm of the manor3656 
MoreIssues22511 
 Perquisites of courts... 

BUCKS.

Rectory of Marlow MagnaIssues... 
Rectory of ChetelhamptonFarm of the rectory1720 

CORNWALL.

Rectory of St. WenneFarm of the tithes520 
Rectory of CrewenneFarm of the tithes1420 

DORSET.

Manor of CranbournFarm of the manor321610 
Manor of ChetelRents of Customary tenants8189 
 Farm of the manor10100 
 Perquisites of courts... 
Manor or Hundred of Up-wymbourneRents of assize of free tenants01910 
 Rents of customary tenants714 
 Farm of the scite of the manor868 
 Perquisites of courts1168 
Manor of Boverage with EstworthRents of assize of free tenants130 
 Rents of customary tenants9199 
 Farm of the manor1020 
 Perquisites of courts... 
Manor of Tarraunte MonachorumRents of customary tenants1352 
 Changeable rents, with a certain rent called nodway money030 
 Farm of the scite of the manor1388 
 Perquisites of courts... 
Rectory of Tarraunt MonachorumFarm of the rectory2468 
Wodcotesworth and PurbikeRents of assize124 

WILTS.

SteeplehamRents of assize0150 
Steeple Purbike Knoll, Aishmere Penriche, and St. QuintinPortions of tithes and pensions of churches234 

SUSSEX.

Manors of Kingston and Wyke, with the Rectory in KingstonIssues6124 

352HISTORY OF TEWKESBURY. 

WALES.

Rectories of Lantwill, Lamblethian, Lantrissan, Penmarke, with the chapel of St. Donat and CardiffIssues... 
Cardiff and RothRents of assize of free tenants£.157 
 Rents of customary tenants6112 
 Perquisites of courts... 
LantewitteRents of assize138 
 Rents of customary tenants510½
 Tithes0148 
LandoughRents of assize1107 
 Rents of customary tenants11710 
 Farm of demesne lands1100 
 Perquisites of courts... 
Lanissen and LucyveynFarm of lands and mansion400 

GLAMORGANSHIRE.

Benfeld, Eston, Rectory of St. Andrew, St. Fagan's, Coytiff, Winfee and WringestonPortions and Pensions3168 
 Tithes of mill near Cardiff1100 

DEVON.

Manor of Losebcare and Manor of MidlandeRents reserved1510½

[Translated by John Caley, esq.]

-----

No. 12.

[Chapter 10. - Page 124.]

From a Book of Pensions remaining in the Augmentation Office.

Tewkesburie late Monasterie, in the Countie of Glocester.

PENTIONS assigned to the late abbotte and religious there by Robert Southwell, esquier, and other the kinges highnes comissioners appointed for the taking of surrendre of the same house the xijth. day of Januarye, in the xxxjst. yere of the reigne of our soverayne lord Kinge Henry the VIIIth.

 HISTORY OF TEWKESBURY.353

John Wakeman, late abbot, to have the house of Forthampton, with the demaynes belonginge to the same, and the tithes of the tenants of Forthampton aforesayd and Swynle in ferme, for the yerely rent of 8£. 13s. 1d. And£.266134
John Barley, late prior, bachelor of divinitie£.1600
John Bromesgreve, prior of Derehurste, and bachelor of divinitie1368
Robert Circester, late prior of St. James at Bristow, bachelor of divinitie1368
Willm. Dydcote, late prior of Craneborne1000
Robert Cheltenham, bachelor of divinitie1000
Edmonde Stanlie, hosteler6134
Thomas Sturton, fermerer6134
Thomas Wynchecombe6134
Thomas Lemyngton6134
John Cheltenham, sexton6134
Roger Compton, elemosiner6134
Thomas Twynnyng, supp.6134
Richard Compton800
Thomas Teynton6134
John Morton6134
John Tewksburye, chaunter6134
Thomas Leckhampton6134
Willm. Streynesham6134
Robert Aston6134
John Asheton, mr. of or. lady chappell6134
John Gales6134
Edwarde Stanwey6134
Thomas Bristow, stewarde of household6134
John Derehurste6134
John Harteland6134
Thomas Newporte, subsexton6134
Roger Preston6134
John Evesham, subchaunter6134
Philippe Cardiffe als. Wyett, tertius prior800
Thomas Thorneburye6134
Henry Worcester, the abbottes chapleyn6134
Richarde Cheltenham6134
Giles Marlowe6134
Richarde Goderton6134
Thorn. Craneborne6134
Jno. Welneford600
Alexander Belyn600
Richarde Wynceborne600

Summa Dlj.vj.viij.
 Robert Sowthwell.John London.
 Edwarde Carne.John Ap Rice.
 Ri. Gwent. 

354HISTORY OF TEWKESBURY. 

No. 13.

[Chapter 10.- Page 130.]

THE following extracts from Mr. Sharpe's Roll, 2 and 3 Phil. and Mar. afford a more complete list of the pensions payable to the persons dependant on the monastery in 1553, than that given by Willis:-

"Tewkesbury nuper Monasterium. Feod. Williclmi Barners supervisoris omnium possessionum nuper monasterii praedict] per annum 10£. - Thomas Wetherston clerici coquinae ejusdem mon. per annum 2£. 13s. 4d. - Anttuit. Johannis Russell et Thomae Russell per annum 3£. - Willielmi Barners per annum 5£. - Johannis Taylor, alias Barker, per annum 2£. 13s. 4d. - Nicholai Wakeman per annum 3£. 6s. 8d. - Willielmi Dewye per annum 1£. 6s. 8d. - Edmundi Harman per annum 2£. - Roberti Comyn per annum 2£. - Johannis Hareford per annum 2£. - Henrici Crane per annum 4£. - Christoferi Smythe per annum 1£. - Laurenc. Poyner per annum 7£. 13s. 4d. - Hughonis Whittingdon per annum 9£. - Thomae Gwente per annum 3£. 6s. 8d. - Hugonis Pagett pel annum 1£. 6s. 8d. - Johannis Brydges per annum 2£. 13s. 4d. - Laurenc. Case per annum 2£. - Thomas Sherle per annum 2£. - Ed'i Walweyn per annum 3£. 6s. 8d. - Ed'i Robery per annum 1£. - Willielmni Cole per annum 2£. - Thomae Higons per annum 1£. 6s. 8d. - Johannis Waters per annum 3£. 6s. 8d. - Anthonii Kingeston per annum 6£. 13s. 4d. - Penc. Roberti Circettor per annum 13£. 6s. 8d. - Thomae Twyning per annum 6£. 13s. 4d. - Ricardi Compton per annum 8£. - Thomae Lekehampton per annum 6£. 13s]. 4d. - Willielmi Streineshame per annum 6£. 13s. 4d. - Johannis Gates per annum 6£. 13s. 4d. - Thomae Bristowe per annum 6£. 13s. 4d. - Johannis Hartelonde per annum 6£. 13s. 4d. - Thomae Newporte per annum 7£. - Philippi Cardiff per annum 8£. - Thomae Thor- neburye per annum 6£. 13s. 4d. - Henr. Worcester per annum 6£. 13s. 4d. - Ed'i Stanwaye per annum 6£. 13s. 4d. - Ricardi Cheltenhame per annum 6£. 13s. 4d. - Johannis Welneforde per annum 6£. - Ricardi Wymbole per annum 6£. - Roberti Astonne per annnm 6£. 13s. 4d. - Johannis Astonne per annum 6£. 13s. 4d".

-----

No. 14.

[Chapter 11. - Page 132.]

To Master Chancellor of the Kings Majesty's Court of Augmentations.

Pleaseth the same to be advertised unto the tenour of your letters to you directed. We have viewed, seen and measured all the leads upon the

 HISTORY OF TEWKESBURY.355

aisles, choir, chapels, revestry and steeple, with the gutters of the same, lately being the late abbey church of Tewkesbury, and have esteemed the same leads, after 16 foot square to the fodder, to be 80 fodders and one quarter of a fodder, valued at 77s. 6d. the fodder, over and besides the waste and casting, amounting to £.311. And also we have viewed the bells, being eight in number, to 14200lb. weight, valued and prized at 20s. the hundred, amounting to £.142. In all £.453.

Mem. Where there remaineth, upon the body of the said church there, which heretofore was the only parish church to the parishioners of the town of Tewkesbury aforesaid, certain leads, esteemed to be 22 fodders; and at the survey taken at the dissolution of the said monastery valued with the leads belonging to the said late abbey church, that doth manifestly appear unto us, as well by the examination of the last abbot there, as by the oaths of divers substantial and honest persons, that the said body of the said church, with the leads upon the same, hath been ever the parish church to the inhabitants aforesaid, long time before the said abbey church was thereunto built and annexed; and by agreement at the building and annexion of the said churches, the abbot and convent then of the said late monastery did repair the said body of the said church, being a parish church as is aforesaid; and their successors, abbots and convent of the said late monastery, have so repaired, upholden and maintained the said church hitherto, at their costs and charges.

By us,Rycharde Poulet, Receiv.
 Willm. Berners, Audit.

24 Die Junii Anno 34.
For the Parishioners of Tewkesbury.

Mem. The said parishioners shall buy of the king's highness the one part of the said church, with the choir, cross aisle, chapels, revestry, and steeple, and also all the iron, lead, glass, timber, and stone of the same, together also with all the ground and soil of the same, and also the church-yard and all other the premises, for the sum of £.453, to be paid in form following; that is to say, in hand £.200, at the feast of Easter next coming £.100, and at the feast of the Nativity of our Lord God then next following £.153.; and the said parishioners to bear and find the reparations of the said church perpetually.

 Rychard Ryche.
(Indorsed) 
 Pro Ballivis et Burgensibus de Tewkisburye. 

356HISTORY OF TEWKESBURY. 

No. 15.

[Chapter 11. - Page 132.]

Grant of the Abbey Church to the Parishioners.

THIS INDENTURE, made the fourth day of June, in the thirty-fourth year of the reign of our Sovereign Lord Henry the Eighth, by the grace of God King of England, France and Ireland, Defender of the Faith, and on earth supreme head of the Church of England and Ireland, Between the same our Sovereign Lord the King on the one part, and the Bailiffs, Burgesses and Commonalty of the borough and town of Tewkesbury, in the county of Gloucester, on the other part, Witnesseth, That whereas the body or nether part of the late abbey church of Tewkesbury aforesaid, in the said county of Gloucester, at the time of the dissolution of the late monastery of Tewkesbury aforesaid, and continually before the same dissolution, was the parish church of the same town of Tewkesbury, and was used as the parish church for the inhabitants of the said town of Tewkesbury and other the parishioners of the same, The King's Highness is pleased and contented, and for him, his heirs and successors, Doth grant by these presents to the said bailiffs, burgesses and commonalty of the said town of Tewkesbury and their successors, All that the over or higher part of the said late abbey church, that is to say, the choir otherwise called the presbytery, the aisles, chapels, vestry, and the steeple of the said late abbey church, and all other things belonging to the same, and the soil, ground, site, precinct and circuit of the same late abbey church, shall from henceforth stand, continue and remain to the enlarging of the said parish church, and shall be had, reputed, used and taken for and as the parish church of Tewkesbury aforesaid. And that the bailiffs and commonalty of the said town of Tewkesbury, and other the parishioners of the said parish church, shall have, use and enjoy the whole aforesaid late abbey church, and every part and parcel of the same as it now standeth, and the aforesaid soil, ground or site, precinct and circuit of the same late abbey church, to the intent to use the same as their parish church for ever, without any let, interruption, or impediment of the king's majesty, his heirs or successors, or of any other manner of person or persons. And in consideration thereof, the king's highness is further pleased and contented to bargain and sell, and by these presents hath fully and clearly bargained and sold unto the said bailiffs, burgesses and commonalty of the said town of Tewkesbury and to their successors, as well all the aforesaid over or higher part of the said late abbey church, that is to say, the choir otherwise called the presbytery, aisles, chapels, vestry and steeple of the said late abbey church, and all other things belonging to the same, and the aforesaid soil, ground or site, precinct and circuit of the same late abbey church, as all the eight bells being in the said steeple of the said late abbey church, weighing about fourteen thousand and two

 HISTORY OF TEWKESBURY.357

hundred pounds weight, and also the whole frame and the clappers of the same bells, and all and all manner of roofs and rowlts within the said abbey church and the chapels of the same, and all the slates of the same chapels and of the said vestry, and all the lead lying and being in and upon the said late abbey church, that is to say, the choir otherwise the presbytery, the aisles, chapels, vestry, steeple and gutters of the said late abbey church, and in the windows of the same. And the king's highness hath also bargained and sold, and by these presents clearly bargaineth and selleth to the aforesaid bailiffs, burgesses and commonalty of the said town of Tewkesbury, and to their successors, all the aforesaid late abbey church, and all manner of partitions of stone, iron and timber, and also all manner of images, tomb-stones, and grave-stones of the same late abbey church, with all kind of metal upon the same and every of them, together with all manner of pavement, paving stones, glass, ropes and irons belonging to the clock and chimes within the said late abbey church, as in any the choir otherwise called the presbytery, the aisles, chapels and vestry, and in the windows of the said late abbey church. And whereas the church-yard, called the parish church-yard in Tewkesbury aforesaid, in the county of Gloucester, containing by estimation one acre and one rood of ground, at the time of the dissolution of the abovesaid late monastery of Tewkesbury aforesaid, and continually before the said dissolution, was the parish church-yard for the burials of dead bodies within the said town of Tewkesbury, and was used as the place of burials of the dead bodies within the said town of Tewkesbury, and the dead bodies of others the parishioners of the said parish church of Tewkesbury aforesaid; in consideration whereof the king's highness hath further bargained and sold, and by these presents fully and clearly bargaineth and selleth unto the said bailiffs, burgesses and commonalty, and to their successors, the whole aforesaid parish church-yard, to be used, accepted and taken for and as the church-yard of the parish church of Tewkesbury aforesaid, To have, hold and enjoy all that the aforesaid over or higher part of the said late abbey church, that is to say, the choir otherwise called the presbytery, the aisles, chapels, vestry and steeple of the aforesaid late abbey church, and all other things belonging to the same, and the whole abovesaid soil, ground or site, precinct and circuit of the same late abbey church, and all and singular other the premises above written, whatsoever they be, and the whole aforesaid parish church-yard, to the aforesaid bailiffs, burgesses and commonalty of the said borough and town of Tewkesbury aforesaid, and to their successors for ever, in as ample and large manner, form and condition as the late abbot and convent of the said late monastery of Tewkesbury aforesaid, or any of their predecessors at any time heretofore have had, held or enjoyed the abovesaid late abbey church of Tewkesbury aforesaid, or the parish church-yard aforesaid, or any other of the premises above written, whatsoever they be, without any let, interruption,

358HISTORY OF TEWKESBURY. 

impediment, vexation or disturbance of the king's majesty's highness or successors, or any other manner of person or persons, for and to the intents and purposes above rehearsed; for and in consideration of which bargain and sale of the whole aforesaid late abbey church, and the parish church-yard aforesaid, and of all other the premises above written, whatsoever they be, the said bailiffs, burgesses and commonalty, for them and their successors, covenanteth, and by these presents granteth to and with our said sovereign lord the king, his heirs and successors, that they the said bailiffs, burgesses and commonalty, and their successors, at their own proper costs and charges, from henceforth continually shall repair, sustain, maintain and uphold, as well the body of the said late abbey church, as also the choir, otherwise called the presbytery, the aisles, chapels, vestry, steeple, walls, and windows of the said late abbey church, and all other things belonging to the same, together with the inclosure and fence of the said church-yard, and of every part and parcel thereof. And also that the said bailiffs, burgesses and commonalty, and their successors, shall acquit, discharge and save harmless our said sovereign lord's highness and successors, as well to and against the Bishop of Gloucester, as also to and against all and every other person and persons, of and for all manner of charge whatsoever which shall happen at any time hereafter to arise or grow by reason or for lack of the said reparations of the said church or church-yard, and other premises by this indenture bargained and sold, or of any part or parcel thereof. And also that they the said bailiffs, burgesses and commonalty, and their successors, shall content and pay, or cause to be contented and paid to the king's highness, the sum of £.453 sterling, over and besides the sum of £.30 sterling by the bailiffs, burgesses and commonalty beforehand paid to the hands of Richard Paulet, esq. and to other the king's commissioners, at the time of the dissolution of the said late monastery, to the use of the king's highness. And the same sum of £.453 to be paid in manner and form following;, that is to say, at the sealing of these presents £.200 sterling, whereof the king's highness acknowledged himself to be fully satisfied, contented and paid, and thereof acquitteth and dischargeth the said bailiffs, burgesses and commonalty and their successors by these presents; and the sum of £.253, unreceived of the sum of £.453, to be paid to the hands of the particular receiver of the revenues of the augmentation of our said sovereign lord the king's crown, for the time being, in the said county of Gloucester, to the use of the king's highness, in manner and form following, that is to say, at the feast of Easter next ensuing the date hereof £.100 sterling, and at the feast of the Nativity of our Lord God next ensuing the same feast of Easter £.153, in full contentacion and payment of the sum of £.453. In witness whereof, to the one part of this indenture, remaining in the custody of our said sovereign lord, the said bailiffs, burgesses and commonalty hath put their common seal; and to the other part of this indenture, remaining in the

 HISTORY OF TEWKESBURY.359

custody of the said bailiffs, burgesses and commonalty, our said sovereign lord hath not only signed the same with his most gracious hand, but also hath caused his great seal of England to be put, the day and year first above written.

----

No. 16.

[Chapter 11. - Page 141.]

Coats of Arms originally in the Chancel Windows, in the West Window, &c.

FROM an ancient manuscript, in the possession of a literary friend, it appears that the following arms were formerly in the seven windows in the choir of Tewkesbury Abbey Church: -

East Window. - 1. Gules, a chevron between ten crosses pattée, argent. Berkeley. - 2. Quarterly, argent and gules, in the second and third quarter a fret or; over all, a bend sable. Le Despenser. - 3. England; gules, three lions passant guardant or. - 4. Le Despenser. - 5. Gules, a cross engrailed or, within a bordure argent. Tewkesbury Abbey.

Window adjoining the Tower, on the south side. - 1. Argent, on a bend gules three buckles or, within a bordure vert charged with eight eaglets displayed of the second. - 2. Gules, fretty or. Audley. - 3. Barry of twelve, argent and azure. Montchensy, a Suffolk family. - 4. Gules, two bars nebuly, a chief nebuly argent; over all, a bend azure. - 5. Azure, a lion rampant guardant or. Fitz-Hamon.

Window adjoining the Tower, on the north side. - 1. Or, between two bendlets gules an escallop in the dexter chief point sable. Tracy of Stanway. - 2. Argent, on a canton gules a cinquefoil pierced or. Bradstone. - 3. Gules, a fess between six martlets or. Beauchamp of Gloucestershire. - 4. Or, three chevrons gules, within a bordure engrailed sable. Clare. - 5. Gules, ten bezants, four, three, two and one. Zouch.

In the other four windows. - 1. England, with a label of three points. Lancaster. - 2. The same, for Brotherton. - 3. The arms of England, within a bordure of France. Exeter. - 4. England, within a bordure argent. Kent - 5. Or, three chevrons gules. Clare.

1. Azure, a bend argent, cotticed or, between six lions rampant of the third. Bohun.- 2. Gules, a lion rampant or. Arundel.- 3. Clare.- 4. Cheeky or and azure. Warren. - 5. Gules, a fess between six cross crosslets or. Beauchamp Earls of Warwick.

1. Gules, a lion rampant argent. Mowbray.- 2. Or, a manche gules. Hastings.- 3. Berkeley.- 4. Clare.- 5. Argent, a lion rampant sable, crowned or. Morley of Norfolk, impaling le Despenser.

1. Gules, a lion rampant, or, within a bordure of the second. Talbot. -2. Argent, three fusils conjoined in fesse, gules, for Montacute, Earl of

360HISTORY OF TEWKESBURY. 

Salisbury. - 3. Clare. - 4. Paly, argent and azure, on a bend gules, three eagles displayed or. Grandison.- 5. Argent, on a bend azure, three lions' heads erased or.

Underneath the west window, on the outside of the church, are the following coats of arms:

1. Gules, a lion rampant regardant or. - 2. In a lozenge, or, a fess vair between six labels of three points sable. - 3. (effaced.) - 4. Gules, across ragule or. - 5. Or, a fess vair between six labels of three points sable. - 6. Gules, a saltier argent. - 7. Per bend, sable and or; a lion rampant, counterchanged.

Under the same window, within the church, arc - 1. Or, between two bendlets gules an escallop in the dexter chief point sable. Tracy of Stanway, impaling gules, a bend or. - 2. Under a mitre, argent, two keys in saltier, the dexter or, surmounted of the sinister argent. - 3. In a lozenge, gules, a dexter hand couped argent, of a chief of the second, three fighting cocks of the first. Hancock of Twvning, impaling or, a fess wavy between six labels of three points sable. - 4. As the last, impaling gules, a fess vair, argent and azure, between three mullets argent. Hancock impaling Baugh, both of Twyning. - 5. Azure, a lion rampant argent. Pool of Salperton.

Besides the coats of arms in the chancel windows and at the west front, there are many others in various parts of the church. Against the wall at the end of the chancel, and in other places, are seen three crowns, the arms of the East Angles; and also a cross patonce between live martlets or, the arms of King Edward the Confessor. A stone was lately found, on the outside of the eastern end of the church, on which were sculptured the arms of the De Warrens, Earls of Surrey.

-----

No. 17.

[Chapter 11. - Page 145.]

Brief for the Repair of Tewkesbury Church in 1720.

THE Trustees of the Brief were, Daniel Kemble, Thomas Kemble, Thomas Warkman, George Taylor, William Heyward, W. Wilson, Thomas Jones, John Hawling, and Joseph Smith.

Receipt.

Amount collected by Brief£.147000
Interest upon ditto7500
Subscriptions towards the reparation of the church81190
Produce of old materials4145
Portion of a church rate2566
Borrowed of the overseers of the poor98179
 £.179278

 HISTORY OF TEWKESBURY.361

Expenditure.

Oak, elm, deal and other timber, (including sixteen beams for the long roof, at 2l. 15s. per ton)£.351109
Carpenters' work175113
Stone, from Bredon's Norton quarry, Wick near Pershore, Leckhampton and Sireford; and bricks, at 9s. per 100012420
Masons' and bricklayers' work37330
Six fodders of lead, and plumbers' work183160
Glass for the two windows behind the pulpit204
Ironmongery, cords, plasterers, tilers, sawyers, labourers, halliers, &c.494180
Expenses of the rearing dinner, which was given in the free-school, and at which nearly eighty workmen dined41110
For a cane, which was given to Mr. Edmund Bradbury, for his great trouble and care in the church repairs0106
For a quarto bible, as a present to John Carloss, carpenter, for his faithfulness in this work110
Balance8130
 £.179278
Thomas Kemmett,John Laight,Church-wardens,
George Moore,Nathaniel Jeynes,

-----

Expenses of Erecting the Altar-Piece in 1725.

Painswick free-stone, and other materials£.7160
Four white marble slabs, 48½ feet, at 5s. 6d1360
Carriage of materials, &c.5175
Mr. John Copner,[459] of Haresfield, free-mason, for working and putting up the altar-piece, viz.    
Carving the pelican2100
Carving the four heads in the pediment0100
Carving the flames for the pots and the heart 0 100
Carving the pediment, the capitals of the pilasters, the pots or urns, and other workmanship33100
Lettering the Lord's Prayer, the Creed, and the Ten Commandments on the marble slabs6123
 £.70118

Amount of voluntary subscriptions towards the above £.39. 0s. 6d.

362HISTORY OF TEWKESBURY. 

No. 18.

[Chapter 11. - Page 152.]

Subscriptions towards the Reparation of Tewkesbury Church in 1828.

The Right Rev. the Lord Bishop of Gloucester£.210 Mr. James Bennett, Tewkesbury£.22
J.E. Dowdeswell, esq. M.P.1000Mr. B. Peyton Sadler, R.N. Gloucester22
John Martin, esq. M.P.1000Edward Gresley Stone, esq. Chamber's Court20
Charles Hanbury Tracy, esq.1000Miss Procter, Tewkesbury20
William Dillon, esq. Mythe500Joseph Higginson, esq. ditto20
J. Terrett, esq. Tewkesbury300T.P. White, esq. ditto20
Samuel Barnes, esq. ditto300H.J.W.C.R. Hays, esq. ditto20
Mrs. Martin, ditto300Mr. Horniblow, ditto20
General Dowdeswell200Mr. Henry Brydges, ditto20
Miss Smithsend, Walton-House200Mr. Edward Brydges, ditto20
Mrs. Mines, Tewkesbury200Mr. Thomas Holder, ditto20
Messrs. Lechmere, Wall, Isaac and Lechmere1515A Stranger11
Sir C.B. Codrington, bart. Dodington Park100Robert Young, esq. Tewkesbury11
Thomas Caddick, esq. Tewkesbury100Mrs. Cooper, ditto11
Major Alcock, ditto50Mrs. Cross, ditto11
Joseph Longmore, esq. Mythe Villa50Mr. Biddle, ditto11
John Gardner, esq. Cheltenham50Mr. Thomas Arkell, ditto11
Mr. Brown, late of Tewkesbury50Mr. William Ricketts, ditto11
T.Vernon, esq. Tewkesbury50Mr. Richard Tree, ditto11
George Dumble, esq. ditto.50Mr. Daniel Lloyd, ditto11
Mrs. Hayter, ditto50Mr. John Brown, ditto11
Miss Dumble, ditto50Major Dewguard, ditto10
Miss Hartelbury, ditto50Mr. T.D. Lewis, Cheltenham10
C.E. Chandler, esq. ditto50Mrs. Ludgrove, Tewkesbury10
Mr. N. Chandler, ditto50Mr. Humpidge, ditto10
Mr. John Moore, ditto50Mr. Thomas Osborne, ditto10
Mrs. Moore, ditto50Mr. James Petley, jun. ditto10
A.B.50Mr. Wallis, ditto10
Omwell John Lloyd, esq.50Mr. Edmund Lloyd, ditto10
Mrs. O.J. Lloyd210Mr. Samuel Ricketts, ditto10
T. Postans, esq. Pimlico30Mr. Samuel Healing, ditto10
Mr. Banaster, Tewkesbury33Mr. John Thomas, ditto10
Mrs. Banaster, ditto22Mr. Samuel Jew, ditto10
L.G. Senior, esq. ditto22Mr. William Knight, ditto10
E. Weedon, esq. Tewkesbury22Mr. T.P. Holder, ditto10
Thomas Blizard, esq. ditto.22Mr. Thomas Wilks, Shipston10
Mrs. Blizard, ditto11    
Total £.697. 11s. 0d.

 HISTORY OF TEWKESBURY.363

No. 19.

[Chapter 13. - Page 180.]

Modern Monuments in Tewkesbury Church.

In the Chancel.

ON the south side of the high altar there is a handsome monumental tablet, erected to the memory of Colonel Wall - a gentleman who was universally and deservedly held in the highest respect and esteem. The following inscription appears on the monument, the decorative part of which, particularly the net-work on the urn, and the sword with its appendages, is admirably executed:

Near this spot are deposited the remains of John Wall, esq. many years Lieutenant-Colonel of the South Gloucester Militia, and late of Tewkesbury Park, near this Borough, who died August 24th, 1808, aged 64.

The tear of Widow, Children, Friends, its tribute gives;
Thus, dear in every breast, his much-lov'd memory lives.

Arms. - First Coat. - Per fess or and azure, a fess battellee, counter-battellee, between three fleur-de-lis, all countercbanged. On an escocheon of pretence, quarterly, 1. Gules, on a fess between three swans' necks erased argent, ducally gorged of the first, three mascles sable. 2. Argent, a chevron between three eagles' legs erased, a la quise, sable. 3. Argent, on a chief gules two bucks' heads or. 4. Argent, a fess engrailed gules, between three mascles sable, all within a bordure gules.

Second Coat. - Wall, as above. On an escocheon of pretence, ermine on a chief sable three escallops or.

Crest. - Out of a mural coronet or, a wolf's head argent, charged on the neck with a fess embattled and counter-embattled gules.

-----

On a pillar, near the chapel of the Holy Trinity, is an elegant little monument, by Flaxman, distinguished for the ability displayed in the execution of the drapery of the figures of Hope and Charity, which ornament its sides. Underneath the words of St. Paul, "But the greatest of these is Charity", the following is inscribed, in gold letters:-

In the south aisle of the church is deposited the mortal part of Ann Lady Clarke, daughter of Philip and Catherine Haughton, of the Island of Jamaica, and wife of Sir Simon Clarke, bart. She was born in that distant colony on the 13th day of April, 1742; and died at Cheltenham, in this county, on the 19th of September, 1800.

As a wife and mother, she was tender and solicitous; and as a Christian, remarkably pious and charitable.

-----

Near the Founder's Chapel is another neat marble monument, edged with gold:-

In memory of George Peyton, M.D., whose probity and piety will, we hope, entitle him to a joyful resurrection. He died October 22, 1742, aged 63.

In the same grave is deposited the body of Elizabeth the widow of the above Dr. Peyton. She was the eldest daughter of Thomas Karver, gent.

364HISTORY OF TEWKESBURY. 

of the city of Worcester; and in every department of life, was exemplary in her conduct, and of a true Christian disposition to God and Man. She died May 29, 1773, aged 76.

Arms.[460] - Sable, a cross engrailed or, in the first quarter a mullet argent; impaling, Azure, a chevron ermine between three lions' heads erased or, langued gules, for Karvef.

On the north side of the high altar, is a monument of white marble, surmounted with the effigies of the benevolent individual whose memory it perpetuates:-

In memory of Charles Wynde, esq. high bailiff, who died the 8th of September, 1716, aged 67.

He gave ten pounds per ann. for ever to be distributed by trustees according to the letter of his will; if not so done, to be stopped by his heir or possessor of the estate as oft as deficient.

Quamque opus exegi, &c.
Arms. - Gules, a chevron between three griffins' heads erased or.

Against the Pillars which support the Tower.

This monument is erected to the memory of Elizabeth Townsend, the daughter of Anthony Townsend, gent, and Elizabeth his wife, who was daughter of John Mann, sen. gent, and Bridget his wife.

Shee was a person of a true and unaffected piety, of a modest and sweet behaviour, of a generous and exemplary charity; for, by her last will and testament, shee gave two hundred pounds to be layd out for the benefit of the minister of God's Word in this parish and his successors for ever. Shee died July 29, 1685, aged 33.

"Let her own works praise her in the gates", - Prov. 31. 31.

Arms. - Within a lozenge, azure, a chevron ermine between three escallops argent.

To commemorate the good deeds of Ann, daughter of Daniel Pert, esq. and wife of Paris Slaughter, of Slaughter, esq.

She lived a sincere professor of vital holiness, and honoured that profession by liberal donations to the poor.

She died October 28th, 1640, aged 84.

Arms. - Argent, a saltier azure, for Slaughter; impaling, Argent, on a bend gules, three mascles of the first. Crest. - Issuant out of a ducal coronet, a phoenix, azure.

In the Aisles surrounding the Chancel.

In a vault near this spot, are deposited the remains of John Reid, esq. of the Island of Jamaica. He was born on the 28th of June, 1756, and died at Cheltenham, in this county, on the 17th of December, 1813; having passed his days in the quiet occupations of retired life, distinguished for the goodness of his heart, and the mildness of his character.

 HISTORY OF TEWKESBURY.365

In memory of Henry Fowke, esq. late of this borough,[461] born in Barbadoes on the 9th day of November, 1758, and second son of Henry Fowke, esq. and Sarah his wife, both of that island. He died on the 7th day of October, 1818, in the 60th year of his age, sincerely beloved by his family and numerous friends; who through life will bear his integrity, his benevolence, and his liberal spirit in grateful remembrance.

Arms.- Azure, a fleur-de-lis argent; on a chief of the second a lion passant gules: impaling, Argent, a saltier sable, in chief and in base a crescent of the second, within a bordure gules, for Maxwell.

Crest. - On a wreath argent and azure, an arm embowed and holding a broken spear proper.

This monument is erected by Tho. Hale, gent, in memory of his pious and vertuous consort, Letitia the daughter of the Hon. Sir Thomas Penniston, late of Cornewell, in the county of Oxon, bart. deceased, and Dame Elizabeth his wife, sole daughter and heiress of Sir Cornelius Fairemedow, deceased. She died the 3d of November, 1700, aged 32 years.

Arms. - Argent, a fess sable, in chief three cinquefoils vert, for Hale; impaling, Argent, three Cornish choughs proper, for Penniston.

To the happy memory of Mary Oldisworth, daughter of Thomas Chamberlayne, of Oddington, esq. wife to Nicholas Oldisworth, gent, son of Robert Oldisworth, of Fairford, esq. mother of Mary the wife of John Sherwood, gent, and also of Margarite wife of John Mann, gent. She lived a virgin 29 yeares, a wife 5, and a widow 39, and died the 4th of August, 1684, aged 73.

She was a pattern of Piety, Charity, Modesty, Chastity, Temperance, and Frugality; of a pleasant conversation, beloved by all, and now wanted by many. All that was mortal lyes interred near this place, expecting a joyful resurrection.

Arms. - Gules, on a fess argent three lions passant guardant sable, for Oldisworth; impaling, Gules, an escutcheon argent between ten stars in orle or, for Chamberlayne.

-----

In the South Transept.

Here lyeth bvryed the body of Priscilla the wyfe of Henry Tracy, of Sowthweeke, esq. (the only davghter of Charles Eyre, son of the Right Honourable Wm. Lord Eyre, Baron of Witton and Mavlton), who died the 14th of March, Ano. Dom. 1632.

Arms. - Quarterly, or and gules, on a bend sable three escallops argent.

366HISTORY OF TEWKESBURY. 

Near this place are deposited the remains of the Rev. Henry Jones, M.A. 14 years vicar of this parish, and minister of Tredington. He died 3d of Nov. 1769, aged 47.

Also of the Rev. Henry Jones, M.A. vicar of this parish, and father of the above-named Henry Jones. He died 3d of May 1729, aged 38.

Also of Mathea, widow of the last-mentioned Henry Jones. She died 23d of August 1733, aged 49.

And of Mary, widow of the first-named Henry Jones. She died 18th June 1779, aged 70.

-----

On a Pillar in the Nave.

Sacred to the memory of Richard Alcock, esq. late of this borough, who departed this life May 13th, 1829, in the 79th year of his age.

After having faithfully served his king and country in various civil and military capacities, during the greater portion of a long and useful life, he died, universally regretted; as he had lived, universally esteemed and respected.[462]

On the north side of the west window is a neat little tablet of white marble, erected by a bereaved father and mother to the memory of their beloved offspring: -

Sacred to the memory of Richard Brydges, a lieutenant in his majesty's navy, eldest son of Edward and Milly Brydges, of this borough, who, after a life actively employed and honourably sustained in the service of his country from his youth, was unfortunately drowned in the River Severn, on the 28th day of February, 1818, in the 26th year of his age.

Also of Charles, their youngest son, a promising youth, aged 13 years, who, at the same awful moment of time, suffered a like untimely fate with his lamented brother.

And also of John, their fourth son, who departed this life Sept. 28th, 1804, aged 7 years.

 HISTORY OF TEWKESBURY.367

In the North Transept.

Here resteth what was mortal of John Roberts, of Fiddington, gent Careful he was to maintain tillage, the maintenance of mankind. He feared God, was faithful to his country, friends, good to the poore and common wealth: just to all men. Who left us Jan. 1631, aged 77.

Round the verge of the effigies of Mr. Roberts are these words: "For Christ is to mee both in life and in death advantage". - Philippians, 1. 21.

Arms. - Per pale argent and gules, over all a lion rampant sable.

-----

No. 20.

[Chapter 13. - Page 180.]

Inscriptions on the Grave-Stones in the Church.

IN the south aisle, there is an old flat stone, which once occupied a different situation, with the following inscription upon it, in Lombardic characters:-

LEGER DE PARR DYT YEY DYEVX DE SA ALME EN
EYT MERCY
[463]

On a brass plate, in the north aisle, is the following singular anagrammatical inscription:-

In hoc Tumulo sepulta jacet Amia uxor Johannis Wiatt, Tewkesburiensis, generosi, quae spiritum exhalavit XXV. August Ao. Dni. ----- In cujus obitum versiculos perlegito subsequentes.

AA me disce mori, mors est sors omnibus una:
MMortis et esca fui mortis et esca fores.
IIn terram ex terra terrestris massa meabis;
EEt capiet cineres urna parata cinis.
  
VVivere vis coelo, terrenam temnito vitam;
VVita piis mors est mors mihi vita piae.
IIejunes, vigiles, ores, credasq. potenti.
AArdua fac: non est mollis ad Astra via.
TTe scriptura vocat, te sermo, ecclesia, mater;
TTeq. vocat sponsus, spiritus atque pater.

368HISTORY OF TEWKESBURY. 

In the South Transept.

Here lyeth Anne the eldest daughter of Sir Pavle Tracy, knight,[464] first wife to Edward Hall, esq. and widowe to William Inngram, esq. who deceased the 24th of February, Anno Dni. 1639.

Arms.- Within a lozenge, or, between two bends ruby an escallop in the chief point sable.

-----

Here lyeth buried the body of Priscilla the wife of Henry Tracy, esq. (the only daughter of Charles Eure, sonne of the Right Honourable William Lord Eure, Baron of Witton and Maulton) who dyed the 14th day of March, Año Domj. 1632.

Here also lyeth buryed the body of Priscilla the wife of Kemmet Freeman, gent. daughter of Henry Tracy, esq. who dyed the 27th day of May, Año Domj. 1670.

Mary, the daughter of Priscilla Freeman, and wife to John Ferryman, gent, who dyed the 15th of December 1721.

-----

Hic
Requiescunt Cineres
Joh. Matthews per 39 Annos
Dignissimi hujus Ecclesiae Pastoris,
AEque doctorum bonorumque deliciarum,
Utpote ipsius in primis eruditi,
Et quavis quae Virum ac Xianum comendat
Virtute Ornati.

Decimo Quinto Mense, quo, ob virium
Et Memoriae defectionem ex Officio
Et Vita pariter decessit Maii 26, 1729,
Ætatis 79.

 HISTORY OF TEWKESBURY.369

In St. Margaret's Chapel.

MS.

Culpeper, wife of Anthony Lawrence, of Señhampton, gent, eldest daughter of John Colles, of Caslet, esq. and Culpeper his wife, died Oct. the 15, A.D. 1702, aet. 40.

Antonius Filius natu Secuñd Antonij & Culpeper Laurentij, obijt Nov. 15, 1705, aet. 9. Hev! Quam Cito!

Robert Colles, the son of Anthony and Culpeper Lawrence, gent, born Jan. 9, died Feb. 3, 1698.

Culpeper Pembruge, eldest daughter of Dr. Lawrence, died Sept. the 13, 1711.

Arms. - Argent, a cross raguly gales; impaling, Argent, a chevron between three leopards' heads gules, for -----. Crest. - On a wreath argent and gules, the tail and lower part of a fish erect and couped proper. Motto. - Loyal an Mort.

-----

In the Aisles surrounding the Chancel.

D'Avenant Hankins, esq. obiit 6th Oct. 1782, aetatis 54.

Elizabeth Hankins, relict of the above, died 24th of Aug. 1805, aged 80 years.

Arms. - Argent, a lion passant gules, langued azure, on three bars wavy azure; on a chief of the last three bezants, for Hankins;[465] impaling, Gules, on a cross flory argent pierced twelve escallops sable, three on each extremity paleways, for Humphreys.

-----

Here was buried, Sept. 1745, the body of Mrs. Dorothy Popham, wife of Edward Popham, esq. of Tewkesbury Lodge.

Here also lieth Letitia, daughter of Edward Popham, esq. by Dorothy his wife. She departed this life the 6th day of February 1753, in the 29th year of her age.

Here lieth the body of Edward Popham, esq. of Tewkesbury Lodge, who departed this life the 20th day of May 1753, aged 65.

Arms. - Argent, on a chief gules two bucks' heads or. Crest. - On a wreath argent and gules a buck's head erased proper.

-----

Here lyeth the body of Mrs. Catharine Hancock, daughter of William Hancock, esq. and Anne his wife, who died November 24th, 1729, aged 67.

Arms. - Within a lozenge, Gules, a dexter hand couped argent, on a chief of the second three fighting cocks of the first.

370HISTORY OF TEWKESBURY. 

Here lies the Hon. Elianor Stanford, daughter of Edward Stanford, esq. of Sawford, in the county of Warwick, by his wife Katharine Cocks of Northey, in the county of Gloucester. She was wife of the Hon. Francis Stafford, son of William Lord Viscount Stafford and the Lady Mary Countesse of Stafford his wife, descended from the antient Princes the Staffords Dukes of Buckingham and Earls of Stafford, &c. She had issue by him one son named Henry, who putts this stone upon her, in memory of a pious wife and tender mother. She departed this life the 26th day of October, Anno Dni. 1707.

Arms. - Within a lozenge, or, a chevron gules, a mullet for difference, for Stafford; impaling, Quarterly, 1st and 4th, Argent, three bars azure for Stanford, 2d and 3d, Sable, a chevron between three stags' attires fixed to the scalps argent, for Cocks.

-----

Here lyeth the body of Charles Bridges, esq. second sone of Sir Giles Bridges, of Wilton-Castle, Barronet, who departed this life the 5th day of May, Ano. 1669.

Anne Bridges, widowe, died the 25th of January 1695. Gyles Bridges, gent, died the 19th of June 1705.

In memory of John Bridges, esq. who died April the 6th, 1731, aged 70.

Arms. - Argent, on a cross sable a leopard's head cabossed or, a crescent for difference.

-----

MS.
V. CL. Samuelis Jones,
Ob vere egregias animi dotes,
Linguarum Scientiam,
Multifariani eruditionem,
In religione ac doctrina promovenda studium,
Et singularem vitae utilitatem,
Existimationis apud omnes summae
In cœlos accitus est.
Anno Ætatis 38,
Octob. 11, 1719[466]

-----

In the Nave.

Edwardus Wakeman, Armiger, qui obijt 3 die Decembris An. Dni. 1634. Resurget et Vivet per ilium qui dixit "Ego sum Resurrectio et Vita". Ann the daughter of William Wakeman, gent, deceased 22d July Anno Dom. 1693.

Arms. - Vert, a saltire wavy ermine.

 HISTORY OF TEWKESBURY.371

No. 21.

[Chapter 13. - Page 180.]

Tombs, &c. in the Church-Yard.

NEAR the entrance into the church-yard, there is a plain flat tomb, without an inscription, apparently of considerable antiquity. It probably once occupied a more honourable situation in the church, and seems to have had an upright cross morticed into it, the lower part of which is still visible. Mr. Gough, in his "Sepulchral Monuments", considers these kind of tombs to be the oldest of any.

-----

On a dilapidated tomb, near to the above:-

Erected to the memory of Charles Hoskins, son of Thomas Hoskins, of the county of Middlesex, esq. and Anne his wife.

He was nine years in slavery in Algiers, and being thence ransomed by the compassionate bounty of his pious mother, was here buried July 20th, 1625.

-----

A neat modern tomb, at the west end of the church-yard, records the melancholy fate of an enterprising young officer:

Beneath this stone, on the 4th day of March 1818, were deposited the mortal remains of James Butcher, a lieutenant in his majesty's navy; who was unfortunately drowned in the River Severn on the 28th of the preceding month, in the 32d year of his age.

Devoted to his profession, he had honourably fulfilled its duties, and amply shared its toils and perils, in Europe, Asia and Africa. Mild of temper, and inoffensive in manners, his general conduct, during too short a life, had secured to him the esteem and regard, while his premature death called forth the sorrow and regret of all who knew him; but of no one more sincerely than of him who has framed this last feeble tribute to his memory and worth.

-----

On a neat raised tomb, inclosed in a cradle of iron railing, on the west side of the church-yard, is the following curious inscription; proving the divinity of our Saviour Jesus Christ, and demonstrating a perfect equality of the second with the first person in the Godhead, from the same names and attributes being indiscriminately ascribed to both in the original language of Holy Scripture. This tomb was erected by the Rev. William Smith, rector of Birtsmorton and curate of Ashchurch, who for many years resided in Tewkesbury.

372HISTORY OF TEWKESBURY. 

On the left side.

The Remains
OF
the most affectionate, endearing and best of Women,
MARY SMITH,
late wife of
The Reverend WILLIAM SMITH,
were deposited here, on November 12th, 1787;
in the 46th Year of her Age.
A disconsolate and inconsolable Husband erects this small Tribute to the
Memory of her, who was dearer to him than his own Life.
Qualis fuit, postrema Dies indicabit.
For we shall all stand before the Judgment seat of CHRIST,(a)
ALEIM [GOD] shall bring every Work into Judgment with every secret Thing, whether
it be good, or whether it be evil.(b)
For ALEIM [GOD] is Judge Himself.(c) JEHOVAH cometh to judge the Earth;(d) And
saith
, I will gather all Nations and Tongues.(e) - Wherefore,
Hear, O Isral, JEHOVAH our ALEIM is JEHOVAH alone,(f) The most HIGH.(g)
As I live, saith the Lord [JEHOVAH, ALEIM] every Knee shall bow to Me, and every
Tongue shall confess to God [ALEIM].(h)
Every Tongue shall confess, that JESUS CHRIST is the Lord [JEHOVAH, ALEIM], to
the Glory of [JEHOVAH, ALEIM] God the Father.(i)

(a) Rom. XIV. 10.- (b) Eccles. XII. 14.- (c) Ps. L. 6.- (d) 1 Chron. XVI. 33. Ps. XCVI. 13.- (e) Isa. LXVI. 18.- {f) Deut. VI. 4. Mark XII. 29, 32.- (g) Ps. LXXXIII. 18.- (h) Rom. XIV. 11. Isa. XLV. 23.- (i) Phil. II. 11. Isa. LXVI. 18.

The Foot.

is the same
incommunicable
Name
I AM, in OT. as Exod. III 14 and
OT. as Exod. III 14 and
N.T. as John VIII. 24, 28, 58,
Matt. XIV. 27.

O JEHOVAH, the ALEIM [GOD] of Isral, Who dwellest
between the Cherubs, Thou only art the ALEIM
over all the Kingdoms of the Earth.(a)
The four living Creatures rest not Day and Night,
saying, Holy, Holy, Holy Lord [JEHOVAH] of Hosts,
GOD [ALEIM] Almighty, Who was, and is, and is to come.(b)
Trust ye in JEHOVAH for ever;
For in JAH JEHOVAH is everlasting Safety(c)
Jesus Christ the same Yesterday, To-day, and for ever.(d)
How amiable are Thy Mansions,
O Thou JEHOVAH the ALEIM of Hosts.(c)
Blessed be JEHOVAH the ALEIM of Isral,
From everlasting, & to everlasting,
Amen, and Amen.(f)

(a) 2 Kings XIX. 15.- (b) Rev. IV. 8. Isa. VI. 3. & XLIV. 6. - (c) Judges V. 3.- (d) Heb. XIII. 8.- (e) Ps. LXXXIV. 1, 8.- (f ) Ps. XLI. 13.

is the ESSENCE,
HE Who is, or
the BEING, in
Exod. XV. 2. Isa. XII. 2. XXVI. 4.
and
Rev. I. 4, 8. IV. 8. XI. 17.

 HISTORY OF TEWKESBURY.373

The Head.

The CHERUBIM of Glory, or Similitude of the ALEIM,
the Almighty CREATORS, with Man in Union.- Heb. IX. 5.

CHERUBIC FIGURES,

Carved and Coloured.

From the Plate in Bates's Translation of the Pentateuch, and in the
second edition of Parkhurst's Hebrew Lexicon.

Exod. XXV. 18-22. XXXVII. 7-9. 2 Chron. III. 10. v. 8. 1 Kings VI. 23-28. VIII. 7. Exek. I. 5-11. X. 14, 18-22. Exod. XL. 20. 2 Kings XIX. 15. Lev. IV. 6. XVI. 12-14. Heb. IX. 4, 5. Confer, V. 13. Rev. VIII. 4. and V. 8.

On the right side.

In this Vault also rest the
Remains
OF
WILLIAM SMITH, A.M.
Removed from this Life on the 6th of November, 1796,
AEtatis 60.

By his Death
Society lost a most useful Member,
Christianity a powerful Advocate,
Mankind a real and pure Friend.

On an upright head-stone, between two of the large chesnut trees:-

In memory of John Hart, who died Jan. 22, 1800, (the sixth descendant from the Poet Shakspeare), aged 45 years.

Here lies the only comfort of my life,
Who was the best of husbands to a wife;
Since he is not, no joy I e'er shall have,
Till laid by him within this silent grave.
Here we shall sleep, and quietly remain,
Till by God's pow'r we meet in heaven again;
There with Christ eternally to dwell,
And until that blest time, my love, farewell![467]

374HISTORY OF TEWKESBURY. 

No. 22.

[Chapter 11.- Page 183.]

A Terrier of all the Glebes, Lands, Tithes, and other Rights, belonging to the Vicarage of Tewkesbury, in the Diocese of Gloucester.

Extracted from the Registry of the Lord Bishop of Gloucester.

Imprimis. The church and church-yard of the parish of Tewkesbury.

Item. A glebe house, in length about 45 feet, in breadth about 40 feet, with a garden walled round, adjoining the church-yard, and measuring (including the site of the house) about one quarter of an acre.

Item. Land in lieu of the great tithes of the parish of Tredington, set out by virtue of an Act of Parliament in the year l806, for inclosing the said parish, measuring 122A. 2R. 5P. and the church-yard of Tredington aforesaid.

Item. Land in lieu of the great tithes of the hamlet of Fiddington, in the parish of Ashchurch, set out by virtue of an art of parliament in the year 1811, for inclosing the said hamlet, measuring 113A. 1R. 6P.; and also

 HISTORY OF TEWKESBURY.375

the great tithes of about twelve acres of arable land in the said hamlet, now occupied by Mr. Hobbs.

Item. One third part of the tithes of the parish of St. Ismael in Rose, in the county of Pembroke.

Item. Land exchanged for other land in the Oldbury Field, in the parish of Tewkesbury, in virtue of an act of parliament in the year 1808 for inclosing the said field, measuring 2A. 2R. 10P.

Item. A small inclosure on the Ashchurch-road, containing 1A. 3R. 32P. being the first field on the left hand on the further side of Saladine Bridge.

Item. A small estate at Greet, in the parish of Winchcomb, consisting of about fifteen acres.

Item. An interest in an estate at Gretton, in the parish of Winchcomb, being the profit of £.100 laid out on behalf of the minister in the year 1725, and now producing £.6. 18s. per annum.

Item. One annual payment of £.4. 17s. 6d. from the tellers of his majesty's exchequer.

Item. One annual rent charge of £.3. 5s. issuing from an estate at Stoke Prior, near Bromsgrove, in the county of Worcester.

Item. One annual rent charge of £.1 per annum issuing out of a house near the Crescent, Church-street, now occupied by Mr. Jacob Allis.

Item. One annual rent charge of 10s. per annum on a ground called the Red Pools, at the Mythe.

Item. There is paid for every banns put up in the church 2s. - for every marriage by banns 5s. - for every marriage by license 10s. 6d. - for every person dying out of the parish and brought to be buried 6s. 8d. - and for every churching 1s.

Item. For every person buried in the chancel £.5. 5s., and in any other part of the church £.3. 3s.

Item. In abeyance, all and singular privy or small tithes and Easter offerings yearly coming, arising, increasing and renewing, within the town and borough of TeAvkesbury.

Signed, the 23d day of June, 1828,

 Charles White,Vicar of Tewkesbury.
James Bennett,Churchwardens.
William Moore,

N.B. The land at Tredington and Fiddington is subject to the payment of fee-farm rents amounting to £.62. 11s. 5½d. and to the annual payment of £.12 to the perpetual curate of Ashchurch, and £.12[468] to the perpetual curate of Tredington, deducting from each a proportional share of all expenses incident to the said land.

376HISTORY OF TEWKESBURY. 

No. 23.

[Chapter 14. - Page 189.]

Letter from Bishop Warburton.

To Mr. White, Deputy Registrar, Gloucester.
Free, W. Gloucester.

SIR, - You will see the inclosed letter is of a delicate nature, and therefore I am unwilling to send it to a stranger uncopied, which forces me to desire you would take a copy of it, and then seal it and send it as directed.

I am, your faithful friend and servant,
P.P. Oct. 12, 1764. W. Gloucester.

REV. SIR, - I am much obliged to you for the information you have given me of this unhappy man, Williams. You have done your duty in a proper and exemplary manner, by admonishing him not to come to the sacrament till he has made a public recantation. If he shall presume to come, it is your duty to reject him. I further desire you to admonish him, in my name, to give public satisfaction for the scandal he has occasioned. And this I suppose is all which the laws will permit me to do in performance of my promise at my consecration - to be ready with all faithful diligence to drive away all erroneous and strange doctrines, &c.

By the fifth Canon of 1603, excommunication is denounced against all who hold that any of the thirty-nine Articles are superstitious or erroneous; and therefore you may suppose, that this man may be prosecuted in my court. But the civil courts have declared that these Canons bind only churchmen, and not laymen; and indeed it seems as if this Canon should be so interpreted.

In the 9. 10. Will. III. there is an act for suppressing blasphemy and profaneness, under which Williams expressly falls. This act declares that whoever, by writing, printing or teaching, shall deny any one person in the holy Trinity to he God, and shall be convicted thereof in any of his Majesty's courts at Westminster, shall be adjudged incapable of holding any employment, ecclesiastical, civil or military, and shall forfeit what they do hold. This for the first offence; for a second, still greater penalties; and, amongst the rest, three years' imprisonment. By this you see, any inhabitant of Tewkesbury, who has taken just scandal and offence at this impudent fellow, has it in his or her power to prosecute him in the civil courts, on this statute. But whoever has taken offence must not expect that I should be the delator. When I promised to be ready with all faithful diligence to drive away all erroneous and strange doctrines, &c. I did not understand that I engaged

 HISTORY OF TEWKESBURY.377

myself to deliver over heretics to the secular arm, or to drive them away with any other weapons than the sword of the Spirit, which excommunication would indeed be, were it not attended with civil consequences: which, as it is, I should forbear to use it in my court, though it were clear that this man was subject to it. All I can do, I am ready to do - and therefore, in conclusion, I beg you would wait, in my name, and with my compliments upon the man's mistress, (Mrs. Bromley), and tell her I have heard of the great scandal which her impertinent footman has given; and that (if she will not think it persecution) she would consult her own honour by turning him away, and thereby free herself from ail imputation of giving encouragement to so audacious insolence.

I am, Rev. Sir,
Your loving brother and servant,
W. Gloucester.

To the Rev. Mr. H. Jones,
Vicar of Tewkesbury, in Gloucestershire.

-----

No. 24.

[Chapter 15. - Page 197.]

Titles of the Local Acts of Parliament relating to Tewkesbury.

26 Geo. III. 1786. - An Act for Paving, Repairing, Cleansing, Lighting, and Watching the Streets, Lanes, Ways, Passages, and Places, within the town of Tewkesbury, and the Precincts thereof, in the county of Gloucester; for the removal of present, and prevention of future, Encroachments, Nuisances, and Annoyances therein; for regulating Carts and other Carriages, and ascertaining the Rates of Carriage; and for Widening some part of the Street called Church-street, within the said town.

32 Geo. III. 1792.- An Act for the better Relief and Employment of the Poor of and belonging to the parish of Tewkesbury, in the county of Gloucester.

48 Geo. III. 1808. - An Act for taking down and re-building the Key Bridge across the River Avon, in the borough of Tewkesbury, in the county of Gloucester, and for making and forming convenient Roads thereto.

48 Geo. III. 1808. - An Act for inclosing Lands in the borough and parish of Tewkesbury, in the county of Gloucester; and for vesting the After or Latter Math of a Meadow called Severn Ham, within the said borough and parish, in Trustees for certain Purposes.

378HISTORY OF TEWKESBURY. 

53 Geo. III. 1812-13. - An Act for erecting a New Gaol, House of Correction, and Penitentiary House, in the borough of Tewkesbury, in the county of Gloucester.

4 Geo. IV. 1823. - An Act for building a Bridge over the River Severn, at or near to the Mythe Hill, within the parish, and near to the town, of Tewkesbury, in the county of Gloucester, to the opposite side of the said River, in the parish of Bushley, in the county of Worcester; and for making convenient Roads and Avenues to communicate with such Bridge, within the counties of Gloucester and Worcester.

7 Geo. IV. 1826. - An Act for altering, amending and enlarging the Powers and Provisions of an Act relating to the Tewkesbury Severn Bridge and Roads.

7 Geo. IV. 1826. - An Act for making, maintaining and repairing certain Roads leading into and from the town of Tewkesbury, in the county of Gloucester, towards the cities of Gloucester and Worcester and the towns of Cheltenham, Stow-on-the-Wold, Evesham and Pershore, and certain other Roads therein mentioned, in the counties of Gloucester and Worcester.

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No. 25.

[Chapter 15. - Page 207.]

Abstract of the Charter of 17 Elizabeth.

4th April, 1574.

QUEEN Elizabeth, by her charter then dated at Gorhambury, recites, That her town or borough of Tewkesbury, in the county of Gloucester, had remained from the ancient crown of England, and that the burgesses and inhabitants had enjoyed many jurisdictions, rights, franchises, liberties and customs, as well by prescription as by letters patents of King Edward the third, and by colour of a charter and grant of Gilbert de Clare, Earl of Gloucester and Hertford, in King Edward the second's time, to them and their successors granted, and that the same had been confirmed by her own letters patents and by those of divers of her progenitors.

That the said town, for time immemorial, had chosen two bailiffs, two serjeants at mace, and two constables yearly, for the better government of the inhabitants.

That the said town was great and very populous, and consisted of two several manors, liberties or jurisdictions, viz. The manor or liberty then late of the abbot or monastery of Tewkesbury dissolved, called the Abbey

 HISTORY OF TEWKESBURY.379

Fee; and the manor, liberty or borough of Tewkesbury, called Warwick's and Spenser's Lands.

And also recites, that the said bailiffs and other officers of the said borough could not enter into the said liberty of the Abbey Fee, or the houses, lands, &c. parcel thereof, for government thereof, by reason whereof many evils daily happened by malefactors flying into the said Abbey Fee Liberty and there remaining.

For remedy whereof, the said queen did, (at the humble request of the said bailiffs, &c.) ordain, constitute and grant, for herself, her heirs and successors,

That the town of Tewkesbury aforesaid, and the whole fee called the Abbey Fee in Tewkesbury aforesaid, and also the whole manor and liberties, parcel of the possessions of the late monastery, should be from thence a free borough, consisting of bailiffs, burgesses and commonalty of the said town and borough of Tewkesbury.

That the said bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, should be able to possess lands, &c.

That they should prosecute and defend actions, &c.

And that they should have a common seal for transacting their business.

The said queen, by her said charter, nominated the bailiffs and the twelve principal burgesses, and directed that they should be the common council of the said borough; and that they and their successors should take an oath before the steward of the said town or his deputy, at the then next court leet after they should enter into their respective offices, of their fidelity towards the said queen, her heirs and successors, and for their due government of the said town.

That the said bailiffs, constables, Sec. should be sworn at the next court leet held for the said borough after Michaelmas Day.

That on the death, &c. of any of the burgesses, the majority of the survivors should elect other persons in their places in eight days' time, who should take the oaths of fidelity, &c. before the said bailiffs or one of them, and six of the said principal burgesses.

That the said bailiffs and burgesses should have power to make bye-laws for the government of the tradesmen and other inhabitants of the said borough.

That the extent of the said borough, and the jurisdiction of the said bailiffs, burgesses and commonalty thereof, should be and extend itself as follows, viz.

Eastward by the whole field of the Oldbury to the end of the said borough, and to the end or last place of the said borough unto a stone bridge called Salendine's bridge. And further westward to the water of Avon, and so to the mills called the Town Mills, and further by the king's highway to a place called the Hermitage, at the end of a bridge called

380HISTORY OF TEWKESBURY. 

Holme Bridge. And northward to the end of the said borough leading towards the city of Worcester, about forty paces beyond the wooden bridge which lyeth over the water called Old Avon, to a great stone in the causeway there pitched; and back again to the end of the said borough northward, leading towards Mitton, unto the end of a certain lane there by the town field of Oldbury aforesaid, and to the end of another certain lane called the Quay-Lane, reaching by the whole quay, and so by the ban!; of a certain meadow called Severn Ham to a place called Avon Mouth. And southward to the water of Swilgate, running eastward from a wooden bridge leading to the lands then or then late of Alexander Whitehead, to a meadow called Swilgate Meadow, unto another bridge in the end of a certain lane there called the Gander-Lane; and from the said lane called the Gander-Lane by the wall called Warkhay Wall, there compassing by the parts of the church; the same being the end and bounds of the ancient liberties of the town or borough of Tewkesbury aforesaid.

And also granted, that as the said bailiffs, &c. had for time immemorial holden two markets every week throughout the year, viz. on Wednesday and Saturday, for all kinds of grain and other dead victuals and merchandize;

That they should also, upon Wednesday weekly, hold therein a market for cattle, wool, yarn, hemp, linen, &c.

And also, that they should hold a fair yearly on St. Mark's Day forever, and a court of pie poudre.

Excepting and saving to the said queen, her heirs and successors, toiling, stallage, piccage, lines and amercements, and all other profits, commodities and emoluments whatsoever to such like market or fair granted within the town or borough aforesaid belonging. The same to be levied by the bailiffs to the use of the said queen, her heirs and successors, and to be accounted for yearly by them to the auditor of the county of Gloucester.

And further granted, that the said bailiffs should be clerks of the market, so long as the town was not within the verge of the household, and that no other clerk of the market should enter and intrude himself there.

That the jurisdiction of the said bailiffs, 8oC. should extend over thy whole liberty of the Abbey Fee, and all the bounds and limits of the same.

That the said bailiffs, &c. should hold a court of record every Friday in the year, (before the said bailiffs, at the Tolsey or other more convenient place within the said borough), of pleas of debt, &c. not exceeding forty shillings, and that they should attach the bodies of defendants by process directed to the sergeants at mace of the said borough. The fines and amercements arising therein reserved to the said queen, her heirs and successors; and the bailiffs to account yearly for the same to the auditor of the county of Gloucester aforesaid.

That Mr. Barston should be the first town clerk, and exercise the same so long as he should behave himself well.

 HISTORY OF TEWKESBURY.381

That the said bailiffs, &c. or the major part of them, should choose, upon the said Barston's death or removal, a town-clerk, and discharge and remove him at their pleasure.

And that the said bailiffs, See. and all burgesses of the said borough, should enjoy their former liberties, privileges, franchises, Sec.

Subject to a proviso that the grant aforesaid should not injure the queen's steward or his deputy in any privileges which he had usually enjoyed.

That the steward or his deputy, at the courts held every Friday by the said bailiffs, might be present with them in court.

And that the said bailiffs, &c. should have power to possess lands, so that the same did not exceed £.40 per annum.

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No. 26.

[Chapter 15. - Page 207.]

Abstract of the Charter of 3 James I.

18th October, 1605.

THE former charter recited, and the incorporation confirmed.

The bailiffs, burgesses and commonalty to have a common seal, which they may break or change at pleasure.

The bailiffs to continue in office till the Thursday before the feast of St. Simon and St. Jude.

Twenty-four principal burgesses.

Power to call the common council together, and to make statutes and ordinances for the good government of the borough.

And to impose penalties on such as offend against them.

To choose bailiffs yearly on the Thursday before the feast of St. Simon and St. Jude, to be sworn before their predecessors and such of the principal burgesses who may be present.

To choose a bailiff in the place of any who shall die or be removed during his year.

The like of any of the principal burgesses.

To elect and swear other inferior officers.

To impose a penalty upon such as shall refuse office after being chosen. A weekly court of record not exceeding £.30.

A fair on the feast of Invention of Holy Cross, in the month of May, instead of that on St. Mark's Day.

382HISTORY OF TEWKESBURY. 

A court of orphans within the borough; and the bailiffs, burgesses and commonalty to have custody of the lands, goods and chattels of orphans until twenty-one years of age, if sons; and until that age or the time of their marriage, if daughters; with power to summon executors and administrators, and commit them for disobedience; and also power to take securities for rents, &c. belonging to orphans, in like manner as the mayor and aldermen of London had in that respect.

Power to tax the inhabitants towards the necessary expenses of the borough, with authority to enforce payment.

The bailiffs and two others to be justices of the peace, and any three to hold sessions: not to determine any offence touching life or member.

Power to choose a coroner.

Confirmation of former liberties.

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No. 27.

[Chapter 15. - Page 208.]

Abstract of the Charter of 7 James I.

23d March, 1609.

THE borough enlarged, and to extend over the whole hundred and liberty of Tewkesbury, in the counties of Gloucester and Worcester.

Power to perambulate and set bounds.

To have two bailiffs, twenty-four principal burgesses, and twenty-four assistants.

To have six justices of peace, including the bailiffs, there being formerly but four; with their power, and an inhibition to county justices not to intermeddle in the town or parish.

To hold plea of actions to the amount of £.50, instead of £.30.

To choose a high steward.

To have a chamberlain.

To have acknowledgment of statutes, and a seal.

To have a gaol within the borough, and the bailiffs to be the keepers of it.

To have all fines, amercements, recognizances, felons' goods, fee.

Power to press and to train and muster within the borough.

The bailiffs, burgesses and commonalty exempted from service at assizes and sessions, unless they have lands out of the borough.

The bailiffs and burgesses to have the return of writs.

Two burgesses to be sent to parliament.

 HISTORY OF TEWKESBURY.383

Two fairs, (over and above any fairs or markets formerly granted or used in the borough), one on the feast of St. Barnabas in June, and the other on the feast of St. Michael in September, with a court of pie poudre, tolls, &c.

Power to elect strangers to be burgesses.

Power to punish drunkards, fornicators, scolds, and other offenders.

Power to purchase lands not exceeding £.100 per annum.

Confirmation of former liberties.

A grant of a free-school, and the governors incorporated.

Power for the governors of the school to purchase, not exceeding £.30 per annum.

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No. 28.

[Chapter 15. - Page 210.]

Abstract of the Charter of 2 James II.

12th March, 1686.

RECITES former charters, &c. adds the village or hamlet of Walton- Cardiff to the borough, and incorporates the burgesses and inhabitants by the name of "the mayor, aldermen and common council of the borough of Tewkesbury, in the county of Gloucester".

To have a common seal, &c.

Confirmation of all their former liberties, privileges, &c.

Liberty of perambulation through the liberties of the town, hundred, &c.

To have within the borough a mayor.

The mayor and twelve other persons to be the common council.

To have a chief steward.

The mayor, the chief steward or his deputy, and three others of the common council chosen yearly, to be aldermen and justices of the peace, with the same powers as those belonging to any other justices of peace within the realm.

Charles Hancock, esq. to be the first mayor.

Henry Duke of Beaufort to be the first chief steward.

The mayor, &c. after the determination of the Duke of Beaufort's office, may appoint another person to be chief steward.

The said Duke of Beaufort, and the said Charles Hancock, and John Mann, William Saunders, and John Peyton, to be the first aldermen and justices of the peace.

384HISTORY OF TEWKESBURY. 

The said Duke of Beaufort, Charles Hancock, John Mann, William Saunders, and John Peyton, and also Samuel Hawling, James Simpson, William Jennings, Charles Wynde, William Wilson, Thomas Bartholomew, William Jones, and George Moore, to be the first and modern common council.

The mayor or his deputy may summon courts of common council.

The majority of the common council, at chamber meetings, to have power to make orders respecting the government of the town.

The mayor, &c. to have power to put "pains, punishments and fines" upon such as offend against these orders.

A new mayor to be chosen annually from the common council, on the Thursday before the feast of St. Simon and St. Jude.

The new mayor to take an oath before his predecessor for the due execution of his office.

In case of the mayor's death or removal during his mayoralty, the common council may elect another from their body to be mayor.

In case of the death or removal of any of the aldermen or common councilmen, others to be elected in their places.

A coroner to be chosen.

The king appoints James Simpson, gent, to be the first coroner.

In case of the coroner's death or removal, the mayor, aldermen and common council may choose another during pleasure.

The coroner to have power within the borough, &c. and to take an oath.

The mayor or his deputy, the chief steward or his deputy, and the three aldermen or justices, or any three of them (the chief steward or his deputy being one) shall have power to enquire into offences, &c. and to hold sessions.

The county justices not to intermeddle within the town or parish of Tewkesbury, nor within the town or hamlet of Walton-Cardiff, nor within any other town, hamlet, or place, reputed within the parish of Tewkesbury, and the precincts of the same.

A court of record to be kept every Friday.

Power to arrest, and to hear and determine suits.

James Simpson, gent, to be common clerk of the said borough and clerk of the peace.

After his death, the mayor, &c. may choose another common clerk, &c.

One of the common council to be chosen chamberlain.

To take an oath, &c.

The chamberlain to receive and keep, for the use of the corporation, all rents, fines, &c.

The chamberlain to keep the records of the borough, and to account yearly at the feast of St. Simon and St. Jude.

The chamberlain or his executors to account.

 HISTORY OF TEWKESBURY.385

William Jennings to be the first chamberlain.

The mayor, &c. after the surrender or death of William Jennings, to have power to choose another chamberlain.

The mayor, &c. may choose Serjeants at mace, constables and other officers, and swear them.

In case of the death or removal of any of their officers, to choose new ones.

To fine or imprison such burgesses as refuse to serve offices.

The mayor or his deputy, and the king's clerk of the borough, may take recognizances.

The town-clerk to be clerk of the recognizances.

The mayor and common clerk to have a seal to seal recognizances, and full power in all things touching the same.

The mayor, in case of sickness or absence, to appoint a deputy.

To have the two usual weekly markets, on Wednesdays and Saturdays.

To keep five fairs yearly, as they used to do, viz. on the third of May, the feast of St. Barnabas, the feast of St. Bartholomew, Michaelmas Day, and Matthias's Day - the fairs to continue two days together, unless one of the days be the Lord's Day, and then on the Monday following: together with the court of pie poudre, and all liberties and free customs, tolls, stallage, piccage, fines, amercements, and all other profits and liberties to the said fairs or court of pie poudre belonging.

The mayor or his deputy to be clerk of the market.

The mayor to appoint a water bailiff.

The mayor, aldermen and common council, or the major part of them (the mayor being one) may tax the burgesses and inhabitants in any sum of money towards the necessary expenses of the borough and repair of common bridges, or for any other matters of the borough, or touching and concerning this charter and obtaining the same; and to levy such sums by distress, imprisonment, &c. and this charter to be sufficient warrant and discharge to the said mayor, &c.

To have a gaol, and the mayor to be the keeper of it.

To have all fines, &c. forfeited or imposed upon residents of the borough, &c. to be taken by the chamberlain.

To have also the goods of felons, fugitives, outlaws, &c. forfeited within the precincts of the borough, to be seized and taken by the chamberlain.

The mayor, &c. and all officers within the borough, to be exempt from serving upon juries out of the same, unless they have lands out of the precincts.

The mayor or his deputy to have the return and execution of all writs, &c. within the borough and precincts.

The mayor, aldermen and common council to elect and send two burgesses to parliament, who are to have their expenses borne at the charge of the said borough.

386HISTORY OF TEWKESBURY. 

The king, by order in his privy council, may remove the mayor, chief steward, aldermen, justices, common councilmen, common clerk, clerk of the peace and chamberlain.

The mayor and aldermen before named to take an oath before James Simpson and Benjamin Hyett.

The mayor, &.c. to give the same oath to the rest of the common council, &c.

The mayor, &c. to have power to make freemen, &c.

The burgesses to enjoy all their former privileges.

No foreigner to exercise any trade within the borough.

To punish drunkards, &c. and all scolds or malicious brawlers.

To purchase lands, &c. so that they do not exceed the clear yearly value of £.200; and to dispose of the same at their pleasure, notwithstanding any statute to the contrary.

The burgesses to be free from payment of all manner of tolls, &c. in all places, in as large a manner as by the charter of King Edward the third, and by other charters, hath been granted to the burgesses of the said town of Tewkesbury.

A confirmation of all their former liberties, &c. and of all their lands, &c.

To hold their liberties, &c. free from trouble, and no quo warranto to be brought against them, &c.

To have a free grammar school, to be called "the free grammar school of William Ferrers, citizen and mercer of London", &c.

To be one chief master or teacher, and an undermaster or usher, to instruct the scholars in the same school.

The mayor, &c. to be governors of the said school.

The governors to have a common seal.

May purchase lands, &c. for maintaining the school.

May plead by that name.

The governors to choose a master and usher, to continue in office during the pleasure of the said governors.

In case of the master or usher's death or removal, to choose a successor.

The major part of the governors may make orders for governing the school, &c.

May purchase lands not exceeding £.50 per annum.

Any person may give lands not exceeding that value.

All things in this charter to be firm and valid in law, &c.

Dated at Westminster, the 12th of March, in the 2d year of the reign of King James the second.

 HISTORY OF TEWKESBURY.387

No. 29.

[Chapter 15. - Page 210.]

Present Charter of the Borough, granted by King William III.

13th July, 1698.

WILLIAM III. by the Grace of God of England, Scotland, France and Ireland, King, Defender of the Faith, and so forth. To all to whom these letters patents shall come, greeting.

Whereas our great grandfather, James I. late king of England, &c. by his letters patents under his great seal of England, bearing date the twenty-third day of March, in the year of his reign of England, France and Ireland the seventh, reciting, that whereas our sovereign Lady Elizabeth, late queen of England, by her letters patents, sealed with her great seal of England, bearing date at Gorhambury the fourth day of April, in the seventeenth year of her reign, (amongst other things), had willed, ordained, constituted, granted and declared, that the town of Tewkesbury, in the county of Gloucester, and the whole fee called the Abbey Fee in Tewkesbury aforesaid, and also the whole manor and liberty of the late abbey or late dissolved monastery of Tewkesbury, called the Abbey Fee, parcel of the possessions of the late monastery, should be and are a free borough, incorporated in deed, fact and name for ever, of two bailiffs and of burgesses and commonalty of the said town or borough of Tewkesbury, by the name of the bailiffs, burgesses and commonalty of the borough of Tewkesbury, in the county of Gloucester; and that the bailiffs, burgesses and commonalty of the same borough, for the time being, and their successors, be and should be one body corporate and politic, and one perpetual commonalty in deed and name, and should have perpetual succession, and them the said bailiffs and burgesses one body corporate and politic, really and to the full had created, erected, ordained, declared and incorporated, by the same letters patents, as by the same letters patents (amongst other things) may more fully appear.

And also reciting, that whereas the said James I. late king of England and so forth, by his letters patents, sealed with his great seal of England, bearing date at Westminster the eighteenth day of October in the year of his reign of England, France and Ireland the third, and of Scotland the thirty-ninth, (amongst other things), had willed, granted, ordained, constituted and declared, that the borough of Tewkesbury aforesaid should be and remain for ever hereafter a free borough of itself; and that the bailiffs, burgesses and commonalty of the borough of Tewkesbury thereafter for ever be and should be one body corporate and politic, in deed, fact and name, by the name of the bailiffs, burgesses and commonalty of the borough of

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Tewkesbury, in the county of Gloucester; and them by the name of the bailiffs, burgesses and commonalty of the borough of Tewkesbury, in the county of Gloucester, one body corporate and politic, really and to the full, for himself, his heirs and successors, had erected, made, ordained and created by his said letters patents; and that by the same name they should have perpetual succession, as by his said letters patents (amongst other things) in like manner more fully may appear.

And also reciting, that whereas his beloved and faithful subjects, the bailiffs, burgesses and commonalty of the borough of Tewkesbury aforesaid, in the said county of Gloucester, had purchased of him the said king for a great sum of money his whole manor and borough of Tewkesbury, in the county of Gloucester, and his divers messuages, lands, tenements and hereditaments in Tewkesbury, in the said county of Gloucester, late parcel of the possessions of the late monastery of Tewkesbury; and the manor of Tewkesbury, in the said county of Gloucester; and his hundred of Tewkesbury, in the said counties of Gloucester and Worcester, or in one of them; and divers messuages, lands, tenements and hereditaments there, late parcel of the lands of Thomas late Lord Seymour of Sudely attainted; and also the manor and borough of Tewkesbury, in the said county of Gloucester, and divers messuages, lands, tenements and hereditaments there, late parcel of the lands called Warwick's and Spenser's Lands; as well for and in consideration of the purchase aforesaid, as for divers other good causes and considerations him to the same presents especially moving, for the better rule, government and improvement of the borough of Tewkesbury aforesaid, of his special grace, and of his certain knowledge and mere motion, had willed, granted, constituted, ordained and declared, for himself, his heirs and successors, that the said manor and borough of Tewkesbury, in the county of Gloucester, and the other hereditaments aforesaid, late parcel of the lands of the late monastery of Tewkesbury, and the aforesaid manor of Tewkesbury, in the said county of Gloucester; and the aforesaid hundred and liberty of Tewkesbury, in the said counties of Gloucester and Worcester, or in one of them; and the other hereditaments aforesaid, late parcel of the lands of Thomas late Lord Seymour of Sudely attainted; and also the aforesaid manor and borough of Tewkesbury, in the said county of Gloucester, and other the hereditaments aforesaid, late parcel of the lands called Warwick's and Spenser's Lands, be and should be and reputed to be part and parcel of the incorporation of the town and borough of Tewkesbury aforementioned; and the aforesaid town of Tewkesbury, in the county of Gloucester, and all that fee called the Abbey Fee, in Tewkesbury aforesaid; and also all that manor and liberty of the late abbey or late dissolved monastery of Tewkesbury, called the Abbey Fee, parcel of the possessions of the late monastery; and all that manor and borough of Tewkesbury, parcel of the possessions of the late monastery; and all that manor of Tewkesbury, in the said county

 HISTORY OF TEWKESBURY.389

of Gloucester; and all that hundred and liberty of Tewkesbury, in the counties of Gloucester and Worcester, or in one of them, parcel of the lands of Thomas late Lord Seymour of Sudely attainted; also all that manor and borough of Tewkesbury, parcel of the lands called Warwick's and Spenser's Lands; and all other messuages, lands, tenements and hereditaments as aforesaid, of him purchased, to be one entire free borough corporate, in deed, fact and name, from thence for ever had ordained, created and incorporated, by his said letters patents; and also had given and granted to them the said bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, divers liberties, powers, privileges, authorities and other things, as by the said letters patents, bearing date the twenty-third day of March, in the seventh year of the reign of the said late King James I. more fully may appear.

And whereas the bailiffs, burgesses and commonalty of our borough of Tewkesbury aforesaid, have surrendered the charter or letters patents, bearing date the said twenty-third day of March, in the seventh year of the reign of the said late King James I. to them or their ancestors formerly granted; and all the liberties, privileges, emoluments and advantages, by the same charter or by any former or other charters or letters patents to them granted, to James II. late king of England, by their writing sealed with their common seal, bearing date the twenty-fourth day of March, in the first year of the reign of the said late King James II. and duly inrolled in our court of chancery.

And whereas the aforesaid James II. late king of England, by his letters patents, under his great seal of England made, bearing date the twelfth day of March, in the second year of his reign, did will, constitute and declare, that the said town of Tewkesbury, in the said county of Gloucester, and the other messuages, lands, tenements and hereditaments, in the same letters patents mentioned, be and should be a free borough of itself, and the burgesses and inhabitants of the same borough be and should be one body corporate and politic, in deed, fact and name, by the name of the mayor, aldermen and common council of the borough of Tewkesbury, in the county of Gloucester; and granted to them divers liberties, franchises, powers and other things.

And whereas no election of mayor, aldermen or persons of the common council of the borough aforesaid, or of any officer in or for the borough aforesaid, nor any government in the same borough, according to the form and effect of the same letters patents of James II. or of any other charter of incorporation of the borough aforesaid, for divers years last past have been had or executed, or is now executed, as we are informed; by reason of which, all acts of government and administration of justice in the same borough (as a body corporate) have totally ceased, and as yet do cease, to the great prejudice of our subjects inhabiting there.

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And whereas the burgesses of the same borough have humbly besought us and our late most dear consort Mary, late queen of England and so forth, to grant to them our royal charter, and to restore and confirm to them such liberties and privileges as they had and enjoyed at the time of the surrender aforesaid: We therefore, being willing that from henceforth for ever there be had, in the borough aforesaid, a certain and undoubted manner of and for the keeping of the peace, and for the good rule and government of our people there, and others coming thither; and that our peace in future times may be kept inviolated there, and that other acts of justice and good rule within the borough aforesaid may be rightly administered and executed, to the terror of the wicked, and reward of the good.

And we being also willing that the burgesses and inhabitants of the borough aforesaid, for ever hereafter may have and use the ancient liberties, franchises, privileges and pre-eminencies, from the burgesses and inhabitants of the borough aforesaid, before this used and enjoyed, together with our fuller grants for the better conservation of the peace in the borough aforesaid, and government and rule of our people there: Know ye, that we of our special grace, certain knowledge, and mere motion, have willed, granted, constituted, ordained and declared, and by these presents, for us, our heirs and successors, do will, grant, constitute, ordain and declare, that the said manor and borough of Tewkesbury, in the county of Gloucester, and the other hereditaments aforesaid, late pared of the lands of the late monastery of Tewkesbury, and the aforesaid manor of Tewkesbury, in the said county of Gloucester, and the aforesaid hundred and liberty of Tewkesbury, in the counties of Gloucester and Worcester, and in either of them, and the other hereditaments aforesaid, late parcel of the lands of Thomas late Lord Seymour of Sudely attainted; and also the aforesaid manor and borough of Tewkesbury, in the said county of Gloucester, and other the hereditaments aforesaid, late parcel of lands called Warwick's and Spenser's Lands, be and shall be and reputed to be part and parcel of the incorporation of the town and borough of Tewkesbury before-mentioned; and the aforesaid town of Tewkesbury, in the county of Gloucester, and the whole fee called the Abbey Fee, in Tewkesbury aforesaid; and also the whole manor and liberty of the late abbey or monastery of Tewkesbury lately dissolved, called the Abbey Fee, parcel of the possessions of the said late monastery; and the whole manor and borough of Tewkesbury, part of the possessions of the said late monastery; and the whole manor of Tewkesbury, in the said county of Gloucester; and the whole hundred and liberty of Tewkesbury, in the counties of Gloucester and Worcester, and in either of them, parcel of lands of Thomas late Lord Seymour of Sudely attainted; and also all that manor and borough of Tewkesbury, parcel of lands called Warwick's and Spenser's Lands; and all other messuages, lands, tenements and hereditaments as aforesaid purchased; we do ordain, create and

 HISTORY OF TEWKESBURY.391

incorporate, by these presents, one entire free borough corporate, in fact, deed and name, henceforth for ever.

And that the burgesses and inhabitants of the same borough of Tewkesbury, for the future and for ever, are and shall be one body corporate and politic, in fact, deed and name, by the name of the bailiffs, burgesses and commonalty of the borough of Tewkesbury, in the county of Gloucester; and them by the name of the bailiffs, burgesses and commonalty of the borough of Tewkesbury, in the county of Gloucester, one body corporate and politic, really and fully, for us, our heirs and successors, we erect, make, ordain and create, by these presents; and that by the same name they may have a perpetual succession; and that they and their successors, by the name of the bailiffs, burgesses and commonalty of the borough of Tewkesbury, in the county of Gloucester, may and shall be perpetually, for the future, persons fit and capable in the law to have, demand, receive and possess, lands, tenements, liberties, franchises, jurisdictions and hereditaments, to them and their successors, in fee and perpetuity, or for term of life or lives, year or years, or otherwise howsoever; and also goods and chattels, and all other things of whatsoever sort, nature, kind or quality they shall be; and to give, grant, demise and assign the same lands, tenements and hereditaments, goods and chattels, and other deeds and things whatsoever, or any parcel thereof; and all other things do and perform by the name aforesaid; and that by the same name of the bailiffs, burgesses and commonalty of the borough of Tewkesbury, in the county of Gloucester, they may and can plead and be impleaded, answer and be answered, defend and be defended, in all courts and places whatsoever, and before us, our heirs and successors, and all judges and justices, and other persons and officers whatsoever, of us, our heirs and successors, in all and singular actions, pleas, suits, complaints, causes, matters and demands whatsoever, of whatsoever sort, nature or kind, in the same manner and form as any other of our subjects of our kingdom of England, persons fit and capable in the law, or any other body corporate and politic, within this our kingdom of England, may and can have, receive, purchase, possess, give, grant, demise, assign or dispose, and plead and be impleaded, answer and he answered, defend and be defended, do or perform.

And we farther will, and by these presents, for us, our heirs and successors, do give, grant, restore and confirm to the said bailiffs, burgesses and commonalty of the borough of Tewkesbury aforesaid, and their successors, full power and authority to execute, enjoy and exercise, so many, so much, such, the same, of the same kind, all, all manner, and the like customs, liberties, privileges, franchises, immunities, acquittances, fines, amercements, exemption of gaols, merchandising, toll, custom, and all other rights and jurisdictions whatsoever, within the said town of Tewkesbury, in the county of Gloucester, and within the whole fee, called the Abbey Fee, in

392HISTORY OF TEWKESBURY. 

Tewkesbury aforesaid, and within the whole manor and liberties of the late abbey or monastery of Tewkesbury lately dissolved, called the Abbey Fee, parcel of the possessions of the said late monastery; and within the whole manor and borough of Tewkesbury, parcel of the possessions of the said late monastery; and within the whole manor of Tewkesbury, in the said county of Gloucester; and the whole hundred and liberty of Tewkesbury, in the said counties of Gloucester and Worcester, and in either of them, parcel of the lands of Thomas late Lord Seymour of Sudely attainted; and also within the whole manor and borough of Tewkesbury, parcel of the lands called Warwick's and Spenser's Lands; and also within all and singular messuages, lands, tenements and hereditaments as aforesaid, before purchased, and within every and either of them, and part and parcel of each of them, as many, as much, such and which, the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, or their predecessors, or any of them, by whatsoever names, or by whatsoever name, or by whatsoever incorporation or pretence of any incorporation, (at or before the time of the surrender aforesaid), lawfully had, possessed or enjoyed, or ought to have, possess, use or enjoy, within the borough, town, hundred, manor, tenements, liberties and places aforesaid.

And we farther will, and by these presents, for us, our heirs and successors, do give and grant to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and to their successors, free liberty, power and authority, and that it well may and shall be lawful for the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, to perambulate and make perambulation or perambulations thereof, and to erect and put bounds and limits there, or in the outward parts thereof, or any part of it, for to have true and better knowledge thereof, as often as it shall please them or shall seem necessary to them; and this without any writ or other warrant therefore from us, our heirs or successors, in this part howsoever to be requested or prosecuted.

We will also, and by these presents, for us, our heirs and successors, do grant and ordain, that from henceforth for the future, there are and shall be, in the borough aforesaid, two of the burgesses of the borough aforesaid, in manner below in these presents named, to be chosen and named, who shall be, and shall be nominated, bailiffs of the same borough; and for the better execution of our grant in this part, we have assigned, nominated, appointed and made, and by these presents, for us, our heirs and successors, do assign, nominate, appoint and make, our beloved Joseph Jones and Henry Dobbins, gent, to be the first and modern bailiffs of the borough aforesaid; willing that they, the same Joseph Jones and Henry Dobbins, shall be and continue in the offices of bailiffs of the same borough, from the date of these presents, until and in the second Thursday in the month of October next to come, and from the same day until two other of the

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burgesses of the borough aforesaid shall be elected, appointed and sworn to the office of bailiffs aforesaid, at the time, in the manner and form in these presents here under mentioned, if the same Joseph Jones and Henry Dobbins or either of them shall so long live.

And we will also, and by these presents, for us, our heirs and successors, do grant and ordain, that from henceforth for ever there may and shall be, in the borough aforesaid, four-and-twenty men, of the better, honester and more discreet burgesses of the same borough, who shall be and perpetually be called principal burgesses of the borough aforesaid; which principal burgesses, together with the bailiffs of the borough aforesaid, may and shall be, and for ever hereafter shall be called, the common council of the borough aforesaid, for all things, matters, causes and businesses of the borough aforesaid, and the good rule, state and government of the same borough touching or concerning; and they may and shall be from time to time assistant and helping to the said bailiffs, for that time being, in all things, matters, causes and businesses, relating to the same borough.

And we farther have assigned, nominated, appointed and made, and by these presents, for us, our heirs and successors, do assign, nominate, appoint and make, our beloved Robert Tracy, esq. Richard Dowdeswell, esq. Henry Collet, jun. esq. Charles Wynde, the aforesaid Joseph Jones, Nicholas Steight, Theophilus Holland, William Steight, Henry Peyton, Nicholas Wrenforcl, William Wilson, John Mann, Abraham Farren, Samuel Hawling, Robert Porter, the aforesaid Henry Dobbins, William Jones, Francis Leight, John Jeynes, Thomas Warkeman, William Merret, Thomas Hale, merchant, Thomas Bartholomew, and Daniel Kemble, gent, to be the chief and modern four-and-twenty principal burgesses of the borough aforesaid, to be continued in the same offices and places as long as they shall behave themselves well; which indeed principal burgesses, and every of them before-named, and principal burgesses of the borough aforesaid, for the time being, for himself or themselves ill behaving, we will to be moveable at the good pleasure of the bailiffs and principal burgesses, being common council of the borough aforesaid, or the greater part of them, either of which bailiffs of the borough aforesaid, for the time being, we will to be one.

And we farther will, and by these presents, for us, our heirs and successors, do grant to the bailiffs, burgesses and commonalty of the borough aforesaid, and to their successors, that whensoever it shall happen that either or any of the four-and-twenty principal burgesses of the borough aforesaid, for the time being, do die, or be removed from their office as aforesaid, that then and so often it may and shall be well and lawful for the aforesaid bailiffs and principal burgesses, being a common council of the borough aforesaid, or for the greater part of them, (of whom either of the bailiffs of the borough aforesaid for that time being we will to be one), one other, or more of the burgesses of the borough aforesaid, into the place

394HISTORY OF TEWKESBURY. 

or places of a principal burgess, or those principal burgesses, so dead, or removed from his or their office or offices, to elect, nominate and appoint, to supply the aforesaid number of four-and-twenty principal burgesses of the borough aforesaid; and that he or they, so elected and appointed as aforesaid, may have and exercise that office or offices, so long as he or they shall behave himself or themselves well in the same office or offices, a corporal oath before the bailiffs and principal burgesses, being common council of the borough aforesaid, for the time being, or the greater part of them, (of whom either of the bailiffs of the borough aforesaid we will to be one), of that office, in all things touching that office, rightly, well and faithfully to execute, being first performed.

And farther, of our more abundant special grace, certain knowledge and mere motion, have willed, ordained and granted, and by these presents, for us, our heirs and successors, do will, ordain and grant to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that from henceforth for ever there be and shall be, within the borough aforesaid, four-and twenty other men, honest and discreet, of the same borough, who shall be and be named assistants of the same borough; which indeed four-and-twenty assistants may and shall be, from time to time, assisting and helping to the bailiffs of the borough aforesaid, for the time being, and to the aforesaid four-and-twenty principal burgesses, for the good rule, state and government of the borough aforesaid, in all things, causes, matters and businesses, touching the same borough.

And we have assigned, nominated, created, appointed and made, and by these presents, for us, our heirs and successors, do assign, nominate, create, appoint and make, our beloved Joseph Sheene, Stephen Millington, Isaac Merret, Robert Wilkins, John Reeks, Robert Morris, George Moore, William Hayward, Edward Leight, John Farren, Ralph Jeynes of the Barton-street, Matthew Maid, Thomas Nutt, Edward Phelps, Samuel Dobbins, Ralph Jeynes of the High-street, Philip Brush, George Waters alias Hawkins, Richard Pitt, Joseph Smith, John Clifton, John Chaundler, Edward Pierce and Samuel Penell, to be four-and-twenty chief and modern assistants of the borough aforesaid, to be continued in the same offices so long as they shall behave themselves well; which very assistants before named, and either or any of them, and the assistants of the borough aforesaid for the time being, and either or any of them, not behaving himself or themselves well in their offices, we will to be moveable at the good pleasure of the bailiffs and principal burgesses, being common council of the borough aforesaid, or the greater part of them, of whom either of the bailiffs of the borough aforesaid for the time being we will to be one.

And we farther will, and for us, our heirs and successors, do give and grant to the said bailiff's, burgesses and commonalty of the borough aforesaid, and to their successors, that whensoever it shall happen that either or

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any of the aforesaid four-and-twenty assistants of the borough aforesaid do die, or are removed from his or their office as aforesaid, that then and so often it may and shall he well and lawful for the said bailiffs, and the rest of the common council of the borough aforesaid, for the time being, or the greater part of them, (of whom either of the bailiffs of the borough aforesaid for the time being we will to be one), one other or more of the burgesses of the borough aforesaid, into the place or places of the same assistant or assistants (so happening to die or be removed) to elect, nominate and appoint, to supply t ne aforesaid number of four-and-twenty assistants of the borough aforesaid; and that he or they, so as aforesaid elected and appointed to the office or offices of an assistant or assistants of the borough aforesaid, having performed, before the bailiffs and the rest of the common council of the borough aforesaid, for the time being, or the greater part of them, (of whom either of the bailiffs of the borough aforesaid for the time being we will to be one), a corporal oath, well and faithfully to execute that office, he and they shall be of the number of the aforesaid four-and-twenty assistants of the borough aforesaid; and this from time to time, as often as it shall so happen.

And we farther will, and by these presents, for us, our heirs and successors, do grant to the said bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that from henceforth for the future the bailiffs and burgesses aforesaid shall be elected, nominated and sworn yearly, and every year, in and upon the second Thursday in the month of October, and not upon the Thursday next after the feast of St. Simon and St. Jude Apostles, by and before such person and persons, and in the same manner and form as was wont to be in the same borough at and before the time of the surrender aforesaid; and that they who shall be elected, nominated and sworn as aforesaid, to the office of bailiffs of the borough aforesaid, may have and exercise that office for one whole year then next following, and thenceforth until two other burgesses of the borough aforesaid to the offices of bailiffs of the borough aforesaid shall be elected, appointed and sworn, in due manner.

And moreover we will, and for us, our heirs and successors, do grant to the bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that if it shall happen that the bailiffs of the borough aforesaid, or either of them, for the time being, within one year after they shall be elected, appointed and sworn to the offices of bailiffs of the borough aforesaid, so as aforesaid, do die or be removed from his or their office or offices, that then and so often, one other lit person or two other fit persons shall be elected, appointed and sworn into the bailiwick or bailiwicks of the borough of Tewkesbury aforesaid, by and before such person and persons, and in such manner and form as was wont in the same borough at and before the time of the surrender aforesaid; and that he or they, so elected and sworn

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may have and execute that office or offices during the residue of the same year, and so often as it shall so happen.

And we farther will, and by these presents, for us, our heirs and successors, do grant to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that they and their successors may and shall have, in the borough aforesaid, one honest and discreet man, to be chosen and nominated in form beneath in these presents expressed, who shall be and be named high steward of the borough aforesaid; and we have assigned, nominated, appointed and made, and by these presents, for us, our heirs and successors, do assign, nominate, appoint and make, our well-beloved and faithful kinsman, Algernon Earl of Essex, to be the first and modem high steward of the borough aforesaid, to be continued in the same office so long as he shall behave himself well.

We also will, and by these presents, for us, our heirs and successors, do grant to the bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that from and after the death of the said Algernon Earl of Essex, or any other determination of his office, the bailiffs and principal burgesses of the borough aforesaid, for the time being, or the greater part of them, (of whom either of the bailiffs of the borough aforesaid we will to be one), may and can elect, nominate and appoint, one other honest and discreet man, from time to time, to the office of high steward of the borough aforesaid; and that he who shall be elected, appointed and nominated so as aforesaid, after the death of the said Algernon Earl of Essex, or any other determination of the said office of high steward, shall and may execute and enjoy that office of high steward of the borough aforesaid, during the good pleasure of the aforesaid bailiffs and principal burgesses of the borough aforesaid, or the greater part of them, (of whom either of the bailiffs of the borough aforesaid we will to be one), and so as often as it shall so happen.

We will also, and for us, our heirs and successors, do grant to the said bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that they from henceforth for ever may have, in the borough aforesaid, one honest, fit and discreet man, skilful and learned in the laws of this kingdom of England, who shall be and be named recorder of that borough, to be continued in that office, and to execute the same by himself, or his deputy, so long as he shall behave himself well; and we have assigned, nominated, appointed and made, and by these presents, for us, our heirs and successors, do assign, nominate, appoint and make, the aforesaid Robert Tracy to be chief and modern recorder of the borough aforesaid, to be continued in the same office, and the same office to execute, by himself or his sufficient deputy, so long as he shall behave himself well.

And we farther will, and by these presents, for us, our heirs and successors, do grant to the bailiffs, burgesses and commonalty of the borough

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aforesaid, and their successors, that after the death or removal of the said Robert Tracy from the office aforesaid, and so often as the office of recorder of the borough aforesaid shall happen to be vacant, it may and shall be lawful for the bailiff's and principal burgesses of the borough aforesaid, for the time being, or the greater part of them, (of whom either of the bailiffs of the borough aforesaid we will to be one), to elect, name and prefer one other honest and discreet man, learned in the laws of this kingdom of England, into the office of recorder of the borough aforesaid, to be continued in the same office so long as he shall behave himself well; which said Robert Tracy, and all other persons who for the future shall be elected, nominated and appointed, so as aforesaid, into the office of recorder of the borough aforesaid, before he shall be permitted to execute that office, shall take a corporal oath before the bailiffs of the borough aforesaid, for the time being, or either of them, to rightly, well and faithfully execute that office, in all businesses touching or concerning it.

And we farther, of our more abundant special grace, certain knowledge and mere motion, have willed and granted, and by these presents, for us, our heirs and successors, do will and grant to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that the bailiffs and recorder of the borough aforesaid, for the time being, during the time in which they shall happen to be in their offices, and four other of the honester and more discreet burgesses of the borough aforesaid, to be chosen and nominated by the bailiffs and principal burgesses of the borough aforesaid, or by the greater part of them, (of whom either of the bailiffs of the borough aforesaid we will to be one), may and shall be, and every of them may and shall be, our justices, and our heirs and successors, to keep the peace, and to keep and cause to be kept the orders and statutes set forth for the good of the peace of us, our heirs and successors, and for the keeping of the same, and for the good and quiet rule and government of our people, our heirs and successors, and in all their articles in the borough, and liberty and precincts, by these presents to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, before granted, according to the statute, form and effect of the same; and to chastise and punish all offending against the force, form and effect, of the same orders and statutes, or either of them, as shall be to be done according to the form of the same orders and statutes; and to cause to come before them, or either of them, all those who have threatened either or any of our people concerning their bodies or burning of their houses, to find sufficient security of the peace, or their good behaviour towards us and our people; and if they shall refuse to find such security, then them to cause to be kept safe in our prison in the borough aforesaid, until they shall find such security; and to hear and determine all and all manner of felonies and other misdeeds, in the said borough, and liberty and precinct of the same, before mentioned, committed and to be

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committed, and to keep and correct, and cause to be kept and corrected, the statutes concerning artificers, labourers, weights and measures, within the borough aforesaid, and liberty and precinct of the same.

And that the said bailiffs and principal burgesses, or the greater part of them, within one month after the date of these presents, shall choose four such burgesses as aforesaid to be justices of the peace; which said four burgesses shall continue in the offices of justices of the peace, within the borough aforesaid, until and upon the second Thursday in the month of October next to come; and that in and upon the aforesaid second Thursday of October next to come, and upon every second Thursday in the month of October for ever, four such burgesses of the borough aforesaid shall be yearly chosen, as aforesaid, to be justices of the peace, as aforesaid, within the borough aforesaid; and that the bailiffs and recorders of the same borough, for the time being, and four other burgesses to be elected and nominated so as aforesaid in the offices of justices of the peace, or any three of them, (of whom either of the bailiffs or recorders of the borough aforesaid we will to be one), may have full power and absolute authority to inquire, from time to time, by the oath of honest and lawful men of the borough aforesaid, liberty and precinct of the same, concerning all and all manner of petty treasons, murders, voluntary manslaughter, manslaughters, felonies, witchcrafts, incantations, sorceries, magic art, forestallings, ingrossings, regratings and extortions whatsoever, and concerning all and singular other witchcrafts, transgressions, faults and offences whatsoever, of which the justices appointed to keep the peace in any county of our kingdom of England may or ought lawfully to inquire; and that they may or shall hear and determine all and singular felonies, offences, transgressions, crimes and articles whatsoever, that belong to the office of a justice of the peace within the borough aforesaid, liberty and precinct of the same, to be done, heard, performed and determined, so fully and wholly, and in so ample a manner and form, as any other justices appointed to keep the peace in any county of our kingdom of England, by the laws and statutes of the same kingdom of England, or otherwise; and that they, or any three of them, may and can, from time to time, keep sessions, in the same manner and form as another justices, appointed to keep the peace in any county of our kingdom of England, may and can; so, nevertheless, that at the determination of any treason, murder, manslaughter, felony, or other offence whatsoever, touching the loss of life or a member, within the borough aforesaid, liberty and precinct of the same, without our special mandate of us, our heirs and successors, howsoever for the future they may not proceed.

We will also, and for us, our heirs and successors, do command and forbid, by these presents, that no justice of the peace, within the county of Gloucester, do any ways introduce himself to do or execute any thing within the town or parish of Tewkesbury, and precinct of the same, that belongs to the office of a justice of the peace there to be done.

 HISTORY OF TEWKESBURY.399

And we farther will, and by these presents, for us, our heirs and successors, do grant to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that they, and their successors, henceforth for ever, may have and hold, within the borough aforesaid, a certain court of record before the bailiffs of the same borough for the time being, in a certain house called the Tolzey, or other convenient place in the same borough, upon Friday in every week yearly to be kept; in which court they shall keep the pleas of all and all manner of debts, trespasses and personal actions, proceeding from within the liberty of the borough aforesaid, so that they do not exceed the sum of fifty pounds of lawful money of England, nor touching a free tenement within the liberties of the borough aforesaid, by complaints thereof before the bailiffs aforesaid, to be levied, made and entered; and that the same bailiffs, burgesses and commonalty, and their successors, upon the like sort of complaints, pleas, quarrels and actions, may have power, authority and faculty, to implead defendants against whom the like complaints, pleas or actions, in the said court shall happen to be levied or removed, by an attachment of their bodies to be directed to the sergeants at mace of the borough aforesaid, or other officer or officers, or any of them, to be appointed or assigned by the bailiffs aforesaid, or either of them, for the time being.

And that the like pleas, complaints, suits and actions, may be there heard and determined before the bailiffs of the said borough for the time being, or either of them, together with the recorder of the borough aforesaid, or his sufficient deputy for the time being, by such and the like processes and means, according to the laws and customs of this our kingdom of England, by their peers, and as is agreeable to our laws, and in as ample manner and form as is or ought to be used and accustomed in any court of record in any city, borough, or town incorporate, within our kingdom of England. Provided always, and it is our good pleasure, and for us, our heirs and successors, we do will and forbid, that no attachment or other process be directed to the sergeants at mace of the borough aforesaid, or shall be executed or served by the same in any place, unless within the town and parish of Tewkesbury aforesaid, and precinct of the same town.

And we farther will, and for us, our heirs and successors, do grant to the bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that there may and shall be perpetually, in the borough aforesaid, one honest and discreet man, to be chosen in form in these presents mentioned, who shall be and be nominated common clerk of the borough aforesaid, and clerk of our peace within the borough aforesaid, to be continued in the same office so long as he shall behave himself well. And we have farther appointed, nominated and constituted, and by these presents, for us, our heirs and successors, do appoint, nominate and constitute the aforesaid Henry Collet, jun. to be the first and modern common clerk of

400HISTORY OF TEWKESBURY. 

the borough aforesaid, and clerk of our peace within the borough aforesaid, so long as he shall behave himself well, and to do and execute all things which respectively belong to the office of common clerk and clerk of the peace within the borough aforesaid.

And we also will, and by these presents, for us, our heirs and successors, do grant to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that from henceforth for the future there be and shall be, within the borough, liberty and precinct of the same, one honest and discreet man, to be chosen in form in these presents, who shall be and be called coroner of the borough aforesaid, who shall have full power and authority to do and execute all and singular those acts and things whatsoever, within the borough aforesaid, and precinct of the same, which tend and belong to the office of a coroner within the borough aforesaid to be done and executed. And we have appointed, nominated and constituted, and by these presents do appoint, nominate and' constitute, the aforesaid Henry Collet to be the first and modern coroner of the borough aforesaid, to be continued in the same office during the good pleasure of the bailiffs and principal burgesses of the borough aforesaid, or the greater part of them, (of whom either of the bailiffs we will to be one.) And we farther will, that after the death or removal of the aforesaid Henry Collet from the office of coroner aforesaid, then and thenceforth it may and shall be well and lawful for the bailiffs and principal burgesses of the borough aforesaid, for the time being, or the greater part of them who shall be then present, (of whom either of the bailiffs of the borough aforesaid we will to be one), at their pleasure from time to time to elect, nominate and appoint, one other honest and discreet man of the burgesses of the borough aforesaid into the office of coroner of the borough aforesaid, to be continued in the same office during the good pleasure of the aforesaid bailiffs and principal burgesses of the borough aforesaid, or the greater part of them, (of whom either of the bailiffs we will to be one), a corporal oath being first taken before the bailiffs of the borough aforesaid, or either of them, to rightly, well and faithfully perform that office in all things touching or concerning that office.

We farther will, and by these presents, for us, our heirs and successors, do grant to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that the bailiffs and principal burgesses of the borough aforesaid, for the time being, or the greater part of them, (of whom either of the bailiffs of the borough aforesaid for the time being we will to be one), may and shall from time to time elect, constitute and create, one of the burgesses of the borough aforesaid to have, exercise and execute, the office of chamberlain of the borough aforesaid, so long as it shall seem fit to the aforesaid bailiffs and principal burgesses of the borough aforesaid, or the greater part of them, (of whom either of the bailiffs of the borough

 HISTORY OF TEWKESBURY.401

aforesaid for the time being we will to be one), or until the aforesaid chamberlain shall leave the said office of his own accord, or die; and that every burgess of that borough, elected, chosen and created, chamberlain of the borough aforesaid, or to be elected, chosen or created, shall take a corporal oath, in due manner, to do and faithfully execute all those things which belong to the office of chamberlain of the borough aforesaid. And that the chamberlain of the borough aforesaid, for the time being, shall and may receive all manner of rents, fines, amercements, revenues, profits, commodities and emoluments whatsoever, to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, by right of any corporation, or howsoever belonging, appertaining, incurred, due or payable, and keep the same in his power, to and for the use of the bailiffs, burgesses and commonalty of the borough aforesaid, and expend and disburse the same, from time to time, at their command and request. And the aforesaid chamberlain of the borough aforesaid, for the time being, shall] keep all and singular writings, deeds, evidences and muniments whatsoever, to the said bailiffs, burgesses and commonalty of the borough aforesaid, for the time being, belonging, or in any wise appertaining; and shall keep the seal as well of the aforesaid bailiff's, burgesses and commonalty of the borough aforesaid, as of the master of the school beneath written, in the chamber of the borough aforesaid; and shall cause to come the same writings and muniments, and seal, before the aforesaid bailiffs and principal burgesses, or either of them, as often and whensoever by them they shall be commanded, that they may look into them, and duly determine and dispose or use them; and let him perpetually give a true and just yearly account, at every feast of Saint James the Apostle, or within fifteen days next following the same feast, to the said bailiffs and principal burgesses of the borough aforesaid, for the time being, or the greater part of them, of all things by him so received or levied, kept or had; and let him execute and do all those things as in times past were used and accustomed by the chamberlain aforesaid. And also that every chamberlain of the borough aforesaid, for the time being, who shall happen to be removed from his office, or shall leave his office aforesaid of his own accord, and the heirs, executors and administrators of such who shall die, having the office of chamberlain aforesaid, within one month next after the death or removal, or voluntary leaving of his office beforesaid, may give a true and faithful account of all things in his office, by virtue of said office by him accepted, had or done, to the bailiffs and principal burgesses of that borough, or so many of them as will be there when it shall be required of him. And for the better execution of our will and grant in this part, we have appointed, created, nominated, constituted and made, and by these presents, for us, our heirs and successors, do appoint, create, nominate, constitute and make, the aforesaid William Wilson to be the first and modern chamberlain of that borough, to be continued in the

402HISTORY OF TEWKESBURY. 

office aforesaid so long as he shall behave himself well. And that, from time to time, and at all times, after the death, surrender or other determination of the office aforesaid, at the good pleasure and will of the bailiffs and principal burgesses of the borough aforesaid, for the time being, or the greater part of them, (of whom either of the bailiffs of the borough aforesaid for the time being we will to be one), the aforesaid bailiffs and principal burgesses of the borough aforesaid, for the time being, or the greater part of them, as aforesaid, may elect, nominate and appoint, one other discreet man of the burgesses of the borough, for the time being, from time to time, to be chamberlain of the borough aforesaid; and that he who shall be elected, appointed and nominated, to be chamberlain of the borough aforesaid, so as aforesaid, after the death, surrender or other determination of the aforesaid office, may have, enjoy and exercise that office of chamberlain of the borough aforesaid, during the good pleasure of the bailiffs and principal burgesses of the borough aforesaid, for the time being, or the greater part of them, (of whom either of the bailiffs of the borough aforesaid for the time being we will to be one), a corporal oath being first taken before the bailiffs and principal burgesses of the borough aforesaid, or so many of them as will be there, (of whom either of the bailiffs for the time being we will to be one), to execute that office of chamberlain of the borough aforesaid, rightly, well and faithfully, in and by all things touching that office; and so often as it shall so happen.

And farther, of our more abundant special grace, certain knowledge and mere motion, by these presents, for us, our heirs and successors, we do will and grant to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that the bailiffs of the borough aforesaid, for the time being, together with our clerk, our heirs and successors, of the same borough assigned to receive recognizances of debts, may for ever have full power and authority to receive recognizances, by virtue of the statute of Acton Burncll, between merchant and merchant, merchants and merchants, and between every and all other person and persons whatsoever, or either of them, concerning any debt, and any sum; and the execution thereof to be made according to the form and effect of the said statute of Acton Burnell, statute of merchants, or either of them, or other statute in that part set forth and provided; and also to do and execute all other things in the premises, or the premises any ways touching or concerning, which by the vigour of the said statute of Acton Burnell, and the statute of merchants, and other statutes in that part set forth and provided, or either or any of them, belong to be done and executed. And that for ever hereafter there be and shall be a clerk of us, our heirs and successors, of the said borough of Tewkesbury, to receive such like recognizances of debts, according to the form of the statutes aforesaid; and that he may and shall perpetually have power and authority to do and perform all and singular

 HISTORY OF TEWKESBURY.403

matters, which in any wise belong to the office of clerk of recognizances, according to the form of the statutes aforesaid, or either of them, to be taken in the vigour of those statutes, or either of them, to be done and executed. And we do ordain, nominate, constitute, create, erect and appoint, by these presents, for us, our heirs and successors, the aforesaid Henry Collet to be our clerk, our heirs and successors, of the recognizances aforesaid, within the borough aforesaid, and the aforesaid liberty and precinct of the same, according to the form and statute aforesaid, as long as he shall behave himself well in the same office; and that the aforesaid bailiffs, and the aforesaid clerk of the like recognizances, for the time being, may for ever have a seal for sealing the recognizances aforesaid, according to the form of the statute aforesaid; and that the same bailiffs and clerk of such like recognizances, for the time being, may have for ever henceforth the keeping of the said seal; and that the said bailiff's and clerk of the like recognizances, for the time being, may have from henceforth for ever so much, and so great, and intire, and absolute authority, faculty and power, from henceforth for the future, to take, seal and record, and certify such like recognizances, and to perform, do and execute all other, according to the exigence of the said statute, by and in all things, with the sureties, fees and regards thereunto belonging and appertaining, as any other mayor, mayors, bailiff, bailiffs, and such clerk or clerks, in any city, borough or town whatsoever, within this our kingdom of England, hath, or have, or ought to have. And we do make, create, constitute, appoint and ordain, by these presents, the said bailiff's and clerk of the recognizances of the said borough, for the time being, to do and perform all the premises.

And we farther will, and by these presents, for us, our heirs and successors, do grant to the bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that after the death or removal of the aforesaid Henry Collet from the aforesaid offices of common clerk, clerk of the peace, and clerk of the recognizances, within the borough aforesaid, or from either of them, and from and after any other determination of the offices aforesaid, of common clerk, clerk of the peace, and clerk of the recognizances, within the borough aforesaid, or either of them, and as often as such offices or either or any of them shall be void, then and so often it may and shall be well and lawful for the bailiffs and principal burgesses of the borough aforesaid, for the time being, or for the greater part of them, (of whom either of the bailiffs of the borough aforesaid for the time being we will to be one), to elect, nominate and appoint, one other fit person or more fit persons to be common clerk, clerk of the peace and clerk of the -.recognizances, within the borough aforesaid, to be continued in the like office or offices, to which he or they shall be elected and appointed, so long as he or they shall behave himself or themselves well. Provided always, and we will, that every person and persons, so as aforesaid hereafter to be

404HISTORY OF TEWKESBURY. 

elected to the aforesaid offices of common clerk, clerk of the peace and clerk of the recognizances, within the borough aforesaid, or to either or any of these offices, before he or they be admitted to the execution of these offices, or either or any of them, shall take a corporal oath for the due execution of the offices of common clerk, clerk of the peace and clerk of the recognizances, within the borough aforesaid, or for the due execution of such office or offices to which he or they shall be so elected, before the bailiffs and principal burgesses of the borough aforesaid, for the time being, or the greater part of them.

And moreover we will, and by these presents, for us, our heirs and successors, do command, that the bailiffs, recorders, common clerk, principal burgesses, justices of the peace, assistants, chamberlain, coroner, clerk of the peace and recognizances, and other officers, by these presents nominated and constituted, before that they or either of them be respectively admitted to the execution of their separate trusts and offices, in these presents mentioned, they and every of them shall take and perform their separate corporal oaths, upon the Bible, for the due execution of their trusts and respective offices, in manner and form following, (viz.) The bailiff's and recorder, by these presents nominated and appointed, shall take their oaths before the aforesaid Richard Dowdcswell, Stephen Baldwin, esqrs. Henry Collet, sen. and James Bengough, gent, or any two or more of them, to which, or am two or more of them, we give and grant, by these presents, full power and authority to give and administer the like oath. And we have also granted, and by these presents, for us, our heirs and successors, do grant, that the aforesaid bailiffs and recorder, in these presents nominated, or two of them, (of whom either of the bailiff's we will to be one), may have full power and authority of giving and administering a corporal oath to the rest of the principal burgesses, justices of the peace, chamberlain, common clerk, clerk of the peace and recognizances, coroner, assistants, and other officers aforesaid, in these presents before mentioned, and also die aforesaid four justices of the peace, by virtue of these presents, as aforesaid, to be elected within one month after the date of these presents.

And we farther will, and by these presents, for us, our heirs and successors, do grant to the aforesaid bailiff's, burgesses and commonalty of the borough aforesaid, and their successors, that the aforesaid bailiff's, burgesses and commonalty of the borough aforesaid, and their successors, may and shall for ever have, within the borough aforesaid, liberty and precinct of the same, one prison or gaol, for the preservation and keeping of all and singular persons attached or to be attached, or to be any ways adjudged to the prison or gaol of the borough aforesaid, within the liberty of the borough aforesaid, or precinct of the same, for any cause which could be inquired, prosecuted, punished or determined, in that borough, to abide there so long and until they shall be freed in a lawful manner; and that the bailiffs of

 HISTORY OF TEWKESBURY.405

the borough aforesaid, for the time being, be and shall be keepers of the same gaol.

We will also, and by these presents, for us, our heirs and successors, of our more abundant special grace, certain knowledge and mere motion, do grant to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that they and their successors may have all fines, redemptions, recognizances and amercements whatsoever, for transgressions and other misdeeds whatsoever, or other causes and matters within the borough aforesaid, liberty and precinct of the same, committed and to be committed, and also all and all manner of penalties and forfeitures, forfeited or to be forfeited, of all burgesses and inhabitants of the borough, and liberty of the same aforesaid, there residing, and henceforth happening to reside, and their successors, for the peace of us, our heirs and successors, and otherwise howsoever, and also of all other residing in the borough aforesaid, and liberty of the same, forfeited or to be forfeited, to us, our heirs and successors, within the same borough, liberty, and precinct of the same, and all and all manner of issues, fines, redemptions and amercements, of the aforesaid burgesses and residents, their heirs and successors, before the bailiffs of the borough aforesaid, as before the justices of us, our heirs and successors, appointed to take the assizes or gaol delivery, keepers of the peace, and justices itinerant, and the institutes of us, our heirs and successors, to hear and determine, and other commissionary justices of us, our heirs and successors, whatsoever forfeited or to be forfeited, done or to be done, imposed or to be imposed, from or by any cause, by the chamberlain of the borough aforesaid, who shall be for that time, to the use of the said bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, to be asked, levied and demanded, without the occasion or hindrance of us, our heirs and successors, sheriffs, justices, and other commissionary officers and ministers whatsoever, of us, our heirs and successors.

We have also granted, and by these presents, for us, our heirs and successors, do grant to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that they and their successors, henceforth for ever, may and shall have, to the proper use of them the bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, all and all manner of goods and chattels of all felons and fugitives, outlawed and waved, to be outlawed and to be waved, adjudged, condemned, and to be adjudged, attaint and happening to be attaint, convicted and to be convicted, fled and to be sought after, for Mony, murder, or petty treason, transgression, or other matter or cause whatsoever; and other forfeitures and offences beforesaid, touching and concerning all and singular burgesses and inhabitants, residing or not residing within the borough aforesaid, and liberty and precinct of the same, and all other things whatsoever, within the borough aforesaid, liberty and precinct of the same,

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found out and happening for the future to be found out; and that if any person, that ought to lose his life or limbs for his offence, shall either fly, and will not stand to judgment, or shall commit any other crime, for which he ought to lose or forfeit his goods and chattels, wheresoever justice ought to be done him, whether it be in our court, our heirs and successors, or in any other court whatsoever, his goods and chattels being, or henceforth for the future happening to be, within the borough aforesaid, liberty and precinct of the same, shall be to the bailiffs, burgesses and commonalty of the borough aforesaid, and their heirs for ever; and that it may and shall be well and lawful for the same bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, by the chamberlain of the borough aforesaid, who for that time shall be, or by any other or others in their name, without the hindrance of us, our heirs and successors, or any officers of our heirs and successors whatsoever, to put himself or themselves in seizure of the goods and chattels aforesaid, and them receive and keep for the use of the bailiff's, burgesses and commonalty of the borough aforesaid, and their successors, although the same goods and chattels shall be first seized by us, or our heirs or successors, or by our or their servants.

And we farther will, and by these presents, for us, our heirs and successors, do grant to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that the bailiffs of the borough aforesaid, for the time being, and their successors, may and shall have full authority and power to press for the service of us, our heirs and successors, at any of our wars, and musterings, and trainings of our subjects, within the town and parish of Tewkesbury aforesaid, the limits and precincts of the same, as often and when they see fit, from time to time, to be done, taken and overlooked, and to cause to be chastised and punished those that refuse the premises, or any of them, at the lawful command of the said bailiffs of the borough aforesaid, for the time being, by imprisonment of their bodies, according to their discretion; and that no man possessing a place, or a commissioner of us, our heirs or successors, appointed or to be appointed to press, or train, in the aforesaid county of Gloucester, may introduce himself in any pressing or training of men, abiding or inhabiting within the town and parish of Tewkesbury aforesaid, limits and precinct of the same, nor enter into the town and parish aforesaid, limits or precinct of the same, to do or execute any thing that doth in any wise belong to his office of pressing or training, unless with the assent and consent of the bailiffs of the borough aforesaid for the time being.

And farther, of our more ample special grace, certain knowledge and mere motion, we will, and by these presents, for us, our heirs and successors, do grant to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that neither they the bailiffs and principal burgesses, and their assistant", the high steward, chamberlain, and their

 HISTORY OF TEWKESBURY.407

successors, and other their officers within the borough aforesaid, shall serve, nor any of them may be compelled or hound, nor either of them be compelled or bound, any ways to come before us, our heirs and successors, the justices of the bench of us and our heirs, the justices of us and our heirs appointed keepers of the peace, to take the assizes and gaol delivery, and the justices of us and our heirs appointed to hear and determine divers felonies, transgressions and misdeeds, or the justices of us and our heirs of the nisi prius, or the justices of us and our heirs assigned to survey the seawalls, ditches, gouts, sewers, paths, bridges and rinds, or other commissioners of us or our heirs, the high sheriff, escheater, coroner, high steward, mareschal, or clerk of the market of our household, or other officers and servants of us, our heirs and successors; nor may any or either of them, in any assizes, be put or impanelled on a jury, or other inquisition, without the borough aforesaid, nor may they or either of them forthwith forfeit to us or our heirs, in any issue or amercement, on any occasion whatsoever; but thereof let them be quiet for ever, unless they have, or either of them hath, lands and tenements without the borough aforesaid, liberty and precinct of the same, for which he or they ought to be charged.

And we have farther given and granted, and by these presents, for us, our heirs and successors^ do give and grant, to the aforesaid bailiffs and burgesses of the borough aforesaid, and their successors, that the bailiffs of the borough aforesaid, for the time being, may and shall have the return of all writs, precepts, bills and warrants, of us, our heirs and successors; and also summons, estreats and precepts, of our exchequer, our heirs and successors; and the estreats and precepts of our justices itinerant, as well at the forest pleas, as at the common pleas, or other offices whatsoever; and also attachments, as well of the pleas of the crown, as others coming from and happening in the said borough, liberty and precinct, or any part of them; and the execution of them to be made by the bailiffs of the borough aforesaid, for the time being; so that no high sheriff, under sheriff, bailiff, or any servant of us, our heirs and successors, may enter into our borough aforesaid, the suburbs or precinct of the same, for any thing or things belonging to his office to be done, in this part to be done, unless in defect of those bailiffs, or their successors, or their servants, for the time being.

And we will also, and by these presents, for us, our heirs and successors, do grant and ordain, that henceforth for ever there be and shall be, in the said borough of Tewkesbury, two burgesses of the parliament of us, our heirs and successors; and that the bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, upon a writ of us, our heirs and successors, concerning the election of burgesses of parliament, to them directed, may and shall have power, authority and faculty, of electing and nominating two discreet and honest men to be burgesses of the parliament of us, our heirs and successors, for the same borough, and to send the same

408HISTORY OF TEWKESBURY. 

burgesses, so elected, at the charges and costs of the said bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, for the time being, into the parliament of us, our heirs and successors, where it shall be then held, in the same manner and form as is used and accustomed in any boroughs of our kingdom of England; which burgesses, so elected and nominated, we will to be present and to abide at the parliament of us, our heirs and successors, at the charges and costs of the said bailiffs, burgesses and commonalty of the borough aforesaid, for the time being, during the time in which the parliament shall happen to be held; and they to have places and votes in like manner and form as other burgesses of parliament for any other boroughs or borough whatsoever, within our kingdom of England, do and have, or have been wont to do and have; and these burgesses, in the parliaments of us, our heirs and successors, shall have their votes as well affirmative as negative, and shall there do and execute all and singular other matters, as any other burgesses or burgess of our parliament, for all other boroughs or borough whatsoever, may or can have, do and execute, by reason or manner whatsoever.

And we farther will, and by these presents, for us, our heirs and successors, do grant to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors for ever, that they and their successors may and can have, hold and keep, in the borough aforesaid, yearly for ever, all and singular such wakes, fairs and markets, in the same borough, as by the aforesaid charter, made in the seventh year aforesaid of the late King James I. or by any charters of our antecessors and predecessors, to the same bailiffs, burgesses and commonalty of the borough aforesaid, or to their predecessors granted, before that time were granted, and which at or before the time of the surrender aforesaid were lawfully held or used, by the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, within the borough aforesaid, together with the pie poudre court there held in the time of those wakes and fairs, and with all liberty and free customs of toll, stallage, piccage, fines, amercements, and all other profits, commodities and emoluments whatsoever, belonging, happening, proceeding or touching, the same wake or fair, and pie poudre court, and with all other free customs and liberty whatsoever, to the same wake, fair and pie poudre court, appertaining and belonging.

And we farther will and grant to the bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that the bailiffs of the borough aforesaid, for the time being, henceforth for ever, be and shall be clerks of the market within the borough aforesaid, liberty and precinct of the same.

And we further will, and by these presents, for us, our heirs and successors, do grant to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that the bailiffs and principal

 HISTORY OF TEWKESBURY.409

burgesses of the borough aforesaid, for the time being, or the greater part of them, (of whom either of the bailiffs of the borough aforesaid for the time being we will to be one), may and shall have power and authority, from time to time, to elect, nominate, appoint and constitute, so many and such, as well without the borough aforesaid, as within that borough, limits or precinct of the same, inhabiting and abiding, to be burgesses of the said borough, as to the said bailiffs and principal burgesses of the borough aforesaid, or to the greater part of them, as aforesaid, for the public profit of the said borough, shall seem more profitable, in the same manner and form, and with the same corporal oath to be taken by every of the said burgesses so chosen and appointed, as the burgesses of that borough were heretofore wont to take within the said borough of Tewkesbury; and that these burgesses of the borough aforesaid, and every of them, henceforth for ever, may and can perpetually, fully and peaceably, possess and enjoy all liberties, privileges, franchises and immunities, by either or any of our progenitors or predecessors, kings or queens of England, to the bailiffs, burgesses and commonalty of the borough of Tewkesbury, or incorporated by any other name or names, before given and granted, at and before the time of the surrender aforesaid.

And farther, of our more plentiful and special grace, certain knowledge and mere motion, we have given and granted, and for us, our heirs and successors, by these presents, do give and grant, to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, full power, authority and jurisdiction, that the aforesaid bailiffs of the borough aforesaid, for the time being, may and can have and exercise, within the borough aforesaid, and liberty and precinct of the same, henceforth for ever, the punishing and correcting of all and singular drunkards, and all and singular harlots, whores, bawds, concubines, and all others whatsoever living lasciviously and incontinently; and also all and singular dishonestly or maliciously communicating, upon any occasion, whether they are scolds abiding or inhabiting within the borough aforesaid, and liberty of the same, or are delinquents, as well by the verdict and presentment of twelve honest and lawful men of the borough aforesaid, for that time being, as by other lawful ways and means, to which the said bailiffs, for the time being, it shall seem to be most expedient.

And farther, of our more abundant special grace, certain knowledge and mere motion, we have granted, and by these presents, for us, our heirs and successors, do grant and give, special and free liberty and faculty, power and authority, to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, to have, receive and purchase, to them and their successors for ever, the manors, messuages, lands, tenements, meadows, pastures, woods, rectories, tithes, rents, reversions, and other hereditaments whatsoever, within our kingdom of England, or any where

410HISTORY OF TEWKESBURY. 

within our dominions, purchased of us, our heirs and successors, as of any other person or persons whatsoever, so that the same manors, messuages, lands, tenements, meadows, pastures, woods, underwoods, rectories, tithes, rents, reversions, and other hereditaments, so by them to be had, received and purchased, above the aforesaid manor, borough and hundred of Tewkesbury, and other the premises in these presents before-mentioned, and other manors, lands, tenements and hereditaments, purchased before the making of the aforesaid letters patents, in the seventh year of King James I. by the same bailiffs, burgesses and commonalty of the borough aforesaid, or their predecessors, by any name or names incorporated, or purchased by virtue of any incorporation, do not exceed in the whole the clear yearly value of £.200 per annum, besides all charges. And we do give also, and by these presents, for us, our heirs and successors, to every of our subjects, our heirs and successors, special and free liberty, power and authority, that they, or either or any of them, may give, grant or sell, messuages, lands, tenements, meadows, pastures, woods, underwoods, rectories, tithes, rents, reversions, services, and other hereditaments whatsoever, to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors; so that all the aforesaid manors, messuages, lands, tenements, meadows, pastures, woods, underwoods, rectories, tithes, rents, reversions, services, and other hereditaments, to the same bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, by virtue of these presents so to be given, granted, leased and aliened, as aforesaid, do not exceed, in the whole, the clear yearly value of £.200 per annum, besides all charges and reprises.

And we farther will, and by these presents, for us, our heirs and successors, do give, grant, confirm, ratify, restore and approve, to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, all and all manner of liberties, franchises, immunities, exemptions, privileges, acquittances, jurisdictions, lands, tenements, wafts, funds, commons, and hereditaments whatsoever, which the bailiffs, burgesses and commonalty of the borough aforesaid, or any of their successors, by any names or name, or by any incorporation, or under pretence of any incorporation, in time of making the aforesaid charter, made in the seventh year of the aforesaid King James I. had, possessed, used or enjoyed, or ought to have, possess, use or enjoy, from an hereditary state, by reason or under pretence of any charters or letters patent, by any of our progenitors or predecessors, kings or queens of England, howsoever before them made, confirmed or granted, or by any other lawful means, right, title, custom, use or prescription, before then lawfully used, had or accustomed, although the same, or any of them, have not heretofore been used, or have been abused, or ill used or discontinued; and although the same, or either or any of them, are and have been forfeited, or lost, or surrendered; to be had,

 HISTORY OF TEWKESBURY.411

possessed, exercised, used and enjoyed, by the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors for ever; and to restore and pay therefore to us, our heirs and successors, yearly, so much, so many, such, the same, and the like rents, services, sums of money and demands whatsoever, as for the same were heretofore wont to be paid, or they ought to pay, to us or our predecessors. Wherefore we will, and by these presents, for us, our heirs and successors, that the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, may fully and entirely have, possess, use and enjoy, all liberties, free customs, privileges, authority, jurisdictions and acquittances aforesaid, according to the tenor and effect of these our letters patent, without the occasion or hindrance of us, or any of our heirs or successors; willing that the same bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, or any or either of them, by reason of the premises, or either of them, by us, our heirs, our justices, sheriffs, escheators, or other bailiffs or servants of us, our heirs and successors, whatsoever, be occasioned, molested, vexed, grieved, or disturbed, in any thing; willing, and by these presents, for us, our heirs and successors, commanding, as well the commissioners of our treasury, the treasurer, chancellor and barons, of the exchequer, of us, our heirs and successors, as our attorney and solicitor general for the time being, and every of them, and all other officers and servants whatsoever of us, our heirs and successors, that neither they, nor either nor any of them, may prosecute or continue, or shall cause to be prosecuted or continued, any writ or summons of any warrant, or any other our writ, writs or process whatsoever, against the bailiffs, burgesses and commonalty of the borough aforesaid, or either or any of them, for any causes, things or matters, offences, claims or usurpations, whether of any of them, by them, or any of them, due, claimed, attempted, used, had or usurped, before the day of the making of these presents; willing also, that the bailiffs, burgesses and commonalty of the borough aforesaid, or either of them, be no ways molested or hindered by either or any justices, officers and sen ants aforesaid, in or for due use, claim, usurpation or abuse, of any liberties, franchises or jurisdiction, before the day of the making of these our letters patent, or be compelled to answer to any or either of these things.

And farther, for the better education and instruction of boys and youth within the same borough, liberty and precinct thereof, in good arts, learning, virtue and education, perpetually to be educated and informed, of our more abundant special grace, certain knowledge and mere motion, we have willed, granted and ordained, and by these presents, for us, our heirs and successors, do will, grant and ordain, that from henceforth for ever there be and shall be, within the borough aforesaid, liberty and precinct of the same, one grammar-school, which shall be called the free grammar-school of William Ferrers, citizen and mercer of London, in Tewkesbury, in the county of

412HISTORY OF TEWKESBURY. 

Gloucester; and that school, by the name of the free grammar-school of the aforesaid William Ferrers, of Tewkesbury, in the county of Gloucester, we do erect, ordain, create, found and firmly establish, by these presents; and that the free grammar-school aforesaid be, and do consist of one master and one usher, and scholars in the same school, to be taught and instructed according to the ordination and constitution in these presents below specified and declared. And that our aforesaid intention may better take effect, and that the manors, messuages, lands, tenements, rents, reversions, hereditaments, annuities, goods and chattels, and other profits and hereditaments, to be granted, assigned and appointed, to the sustenance of the free grammar-school aforesaid, may be better governed, for continuation of the same school, we will, grant and ordain, that the aforesaid bailiffs, justices of the peace, chamberlain of the borough aforesaid, and town clerk, in Tewkesbury aforesaid, and their successors, henceforth for ever, shall be and be called governors of the goods, possessions and revenues, of the aforesaid free grammar-school of William Ferrers, in Tewkesbury, in the county of Gloucester.

And farther, of our more abundant special grace, certain knowledge and mere motion, we do will, ordain and establish, by these presents, for us, our heirs and successors, that the aforesaid bailiffs, justices, chamberlain and town clerk, of the aforesaid borough of Tewkesbury, for the time being, and their successors for ever, henceforth be and shall be one body corporate and politic of itself, in deed, fact and name, by the name of governors of the goods, possessions and revenues, of the free grammar-school of William Ferrers, in Tewkesbury, in the county of Gloucester; and them, and their successors, into one body corporate and politic, really and to the full, for us, our heirs and successors, we do incorporate, erect, create, ordain, make and establish, by these presents; and that by the same name of governors of the goods, possessions and revenues, of the free grammar-school of William Ferrers, in Tewkesbury, in the county of Gloucester, in all future times they shall be known, called and nominated, and shall have a perpetual succession.

And we farther will and ordain, and by these presents, for us, our heirs and successors, do grant to the aforesaid governors, and their successors, that they and their successors, from henceforth for ever, may have a common seal, to serve for their business touching the free grammar-school aforesaid, according to the tenor and true intent of these our letters patent; and that it may and shall be well and lawful for them, and their successors, to break, change and make new, that seal, from time to time, at their pleasure, as it shall seem fit to them to be done; and that they and their successors, by the name of governors of the goods, possessions and revenues, of the free grammar-school of William Ferrers, in Tewkesbury, in the county of Gloucester, be and shall be perpetually persons fit and capable, in the

 HISTORY OF TEWKESBURY.413

law, to have, purchase, receive and possess, to them and their successors, the goods and chattels, and also manors, messuages, lands, tenements, meadows, pastures, feedings, rents, reversions, services, rectories, tithes, and other possessions and hereditaments whatsoever, to the sustenance and maintenance of the said grammar-school, as well from us, our heirs and successors, as from any other person or persons whatsoever, in manner and form in these presents below specified; and that the aforesaid governors, and their successors, by the name of governors of the goods, possessions and revenues, of the free grammar-school of William Ferrers, in Tewkesbury, in the county of Gloucester, may and can plead and be impleaded, defend and be defended, answer and be answered, in all and singular causes, complaints, actions, suits and demands whatsoever, of whatsoever sort, nature or kind they be, in whatsoever places and courts of us, our heirs and successors, and before whatsoever judges and justices of as, our heirs and successors, or any of them, within our kingdom of England, and to do and execute all other facts and deeds, by the name aforesaid, as other our subjects of our kingdom of England, persons fit and capable in the law, within our kingdom of England, do or may do, in the places and courts aforesaid, and before the justices abovesaid.

And we farther will, and by these presents, for us, our heirs and successors, do give and grant liberty, power and authority, to the aforesaid governors and their successors, to elect, nominate and appoint, and that they may and can elect and appoint, one honest man, learned, and fearing God, to be master of the free grammar-school aforesaid, and one other man, discreet and fit, to be usher of the same school j which master and usher, so as aforesaid elected, nominated and appointed, shall be and continue, and either of them shall be and continue, in their offices aforesaid, during the good pleasure of those the governors and their successors for the time being; and that as often as it shall happen that any master or usher of the free grammar-school aforesaid dies, or be removed from the office and place aforesaid, that then and so often it shall and may be well and lawful for the aforesaid governors, and their successors, to elect, nominate and appoint, one other honest man, learned, and fearing God, in the place of the master so dead or removed from his office; and also one other honest and fit man, in the like place of the usher, so happening to die or be removed; and that every master, so as aforesaid nominated and appointed, shall be and continue in the office or place of master or usher of the same free grammar-school, during the good pleasure of those governors of the goods, possessions and revenues, of the free grammar-school aforesaid, and their successors; and that the same governors of the goods, possessions and revenues, of the said free grammar-school of William Ferrers, of Tewkesbury, in the county of Gloucester, for the time being, and their successors, shall and may make fit and wholesome statutes, ordinances and writings,

414HISTORY OF TEWKESBURY. 

touching and concerning the nomination, election, ordination, government, punishment, expulsion, removal and direction, of the said free grammar-school, the master and usher of the same school, and the scholars in the same school being; and concerning and touching the ordination, government, dismission, location, disposition, recovery, defence and preservation, of the manors, messuages, lands, tenements, possessions, hereditaments, goods and chattels, to be given, granted or assigned, to the maintenance of the aforesaid grammar-school. Which statutes and ordinances, so to be made, we will and ordain, and for us, our heirs and successors, do command, from time to time inviolably to be observed for ever; so nevertheless that the aforesaid statutes and ordinances, so as aforesaid to be made, or any of them, are not repugnant or contrary to the laws, statutes, rights, or customs, of this our kingdom of England.

And farther, of our more abundant special grace, certain knowledge and mere motion, we have given and granted, and by these presents, for us, our heirs and successors, do give and grant, to the aforesaid governors of the goods, possessions and revenues, of the aforesaid free grammar-school of the aforesaid William Ferrers, in Tewkesbury, in the county of Gloucester, and their successors, liberty, special free will, power, faculty and authority, to have, purchase, receive and possess, to them and their successors for ever, for the perpetual sustenance and maintenance of the free grammar-school aforesaid, manors, messuages, lands, tenements, meadows, pastures, woods, underwoods, rectories, rents, reversions and services, and other hereditaments whatsoever, within our kingdom of England, or any where within our dominions, as well from our heirs and successors, as from any other person or persons whatsoever, so that the same manors, messuages, lands, tenements, meadows, pastures, woods, underwoods, rectories, tithes, rents, reversions, services, and other hereditaments, do not exceed in the whole the clear yearly value of £.30 per annum, besides all charges and reprises.

And we do also give and grant, for us, our heirs and successors, by these presents, to every of our subjects, our heirs and successors whatsoever, special and free liberty and power, faculty and authority, that they and every of them may give, grant, sell, lease or alien, manors, messuages, lands, tenements, meadows, pastures, feedings, woods, underwoods, rectories, tithes, rents, reversions, services, and other hereditaments whatsoever, to the aforesaid governors of the goods, possessions and revenues, of the aforesaid free grammar-school of William Ferrers, in Tewkesbury, in the county of Gloucester, and their successors; so nevertheless that all the aforesaid manors, messuages, lands, tenements, meadows, pastures, feedings, woods, underwoods, rectories, tithes, rents, reversions and services, and other hereditaments, so as aforesaid to be given, granted, leased or aliened, to the same governors and their successors, by virtue of these presents, do not exceed in the whole the clear yearly value of £.30, besides burthens and reprises.

 HISTORY OF TEWKESBURY.415

We will also, and by these presents, for us, our heirs and successors, do grant to the aforesaid bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, that these our letters patent, and all and singular things in them contained, shall stand and be good, firm, valid, sufficient and effectual, in the law - y and that all and singular things, in these presents expressed and specified, may be expounded, declared, construed, interpreted and adjudged, as well to the sense and intention, as to the words, most kindly, favourably, graciously, and for the profit and benefit of those bailiffs, burgesses and commonalty of the borough aforesaid, and their successors, towards us, our heirs and successors.

In witness whereof we have caused these our letters to be made patents. Witness ourself at Westminster, the thirteenth day of July, in the tenth year of our reign.

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No. 30.

[Chapter 15. - Page 212.]

High Stewards, Recorders, Town Clerks, Coroners, and Chamberlains,

UNDER THE PRESENT CHARTER.

High Stewards

1698.Algernon, Earl of Essex.
1710.Thomas, Earl of Wharton.
1715.Charles Howard, Earl of Carlisle.
1716.Duke of Portland, in lieu of the Earl of Carlisle, who refused or neglected to accept the office.
1728.William, Earl of Essex.
1743.William, Lord Deerhurst, son of William, Earl of Coventry.[469]
1744.George William, Lord Deerhurst, brother of the above, and afterwards sixth Earl of Coventry.
1810.George William, seventh and present Earl of Coventry.

416HISTORY OF TEWKESBURY. 

Recorders

1698.Robert Tracy, esq.[470]1777.Sir Charles Barrow, bart.
1735.William Bromley, esq.1787.William Dowdeswell, esq.[471]
1756.The Hon. Robert Harley.1798.John Edmund Dowdeswell, esq.
1760.Nicholas Hyett, esq.   

Town Clerks and Coroners.

1698.Henry Collet, esq.1767.Neast Havard, esq.
1715.Thomas Warkman, esq.1787.Henry Fowke, esq.
1733.George Taylor, esq.1818.Edmund Warden Jones, esq.
1735.Henry Whitaker, esq.   

Chamberlains.

1698.William Wilson, esq.1792.Thomas Woollams, esq.
1728.Nathaniel Jeynes, esq.1804.Omwell Lloyd, esq.
1738 to 1756.The senior Bailiff1811.Henry William Harris, esq.
1757.John Havard, esq.1813.Joseph Boughton, esq.
1771.John Pitt, esq.1827.Thomas Vernon, esq.

 HISTORY OF TEWKESBURY.417

No. 31.

[Chapter 15.- Page 213.]

Bailiffs of Tewkesbury, under the Charters of Elizabeth and James the First.

1574.Thomas PerkinsThomas Geest 
1575.Nicholas GreenwoodKenelm Cotterell
1576.William HillThomas Crump
1577.Richard PaceWilliam Wakeman
1578.Edward LeightJohn Leight
1579.Hugh SelicerRichard Rydgesdale
1580.George MorreyHenry Dowle
1581.Roger TurbervilleRichard Eckingsall
1582.Thomas CrumpRichard Clark
1583.Nicholas GreenwoodJohn Rice
1584.William HillWilliam Willis
1585.Richard PaceThomas Geest
1586.William WakemanRobert Milton
1587.Edward LeightEdward Alye
1588.Kenelm CotterellRichard Cotton
1589.John BarstonWilliam Fowlk
1590.John MillingtonJohn Mann
1591.William WillisJohn Hazard
1592.Thomas GeestJohn Hodges
1593.Edward AlyeJohn Bubb
1594.Kenelm CotterellJohn Butler
1595.George ConnardGeorge Morrey
1596.Richard CottonThomas Hilley
1597.William FowlkWilliam Johnson
1598.Edmund BalthropHenry Tovey
1599.Henry ToveyThomas Careloss
1600.Edward AlyeWilliam Turberville
1601.George MorreyJohn Bradford
1602.Conon RichardsonJohn Vicaridge
1603.Thomas HilleyWilliam Parsons
1604.Thomas HilleyWilliam Parsons
1605.William JohnsonRichard Butler
1606.Thomas LancasterWilliam Rayer
1607.William TurbervilleWilliam Phelps
1608.[472]George MorreyJohn Cooke

418HISTORY OF TEWKESBURY. 

1609.John CookeWilliam Hitches 
1610.Conon RichardsonRichard Bradford
1611.John VicaridgeJohn Scullowe
1612.William JohnsonsJohn Slaughter
1613.Thomas HilleyThomas Deakins
1614.William ParsonsJohn Underhill
1615.William HitchesGeorge Morrey
1616.Richard BradfordJohn Hill
1617.[473]John VicaridgeWilliam Hill
1618.[474]John CookeThomas Vaughan
1619.[475]John SlaughterEdward Tovey
1620.Conon RichardsonRichard Wheeler
1621.[476]William HitchesJohn Packer
1622.Richard BradfordWilliam Whitledge
1623.William CowlesEdward Millichap
1624.Thomas VaughanKenelm Mearston
1625.John SlaughterGeorge Shaw
1626.Richard WheelerChristopher Canner
1627.John PackerThomas Hale
1628.William HitchesEdward Millichap
1620.Richard BradfordEdward Phelps
1630.William WhitledgeMichael Millington
1631.Thomas VaughanRoger Plevy
1632.Kenelm MearstonThomas Clarke
1633.George ShawGiles Harmar
1634.Christopher CannerWilliam Terrett
1635.John PackerJohn Mann
1636.[477]Thomas HaleThomas Bennett
1637.William WhitledgeWilliam Crooke

 HISTORY OF TEWKESBURY.419

1638. [478]William WilsonJohn Snell 
1639. [479]Roger PlevyThomas Hale
1640.Edward MillichapRobert Jennings
1641.Kenelm MearstonJohn Selicer
1642.Thomas ClarkeThomas Carte
1643.William WhitledgeTheophilus Alye
1644.Thomas Hale, sen.Robert Jennings
1645.William CrookeThomas Skey
1646.William WilsonJohn Millington
1647.Thomas HaleEdward Jennings
1648.John MannChristopher Atkinson
1649.[480]John SelicerJohn Carver

420HISTORY OF TEWKESBURY. 

1650.William HillJohn Bach 
1651.William CrookeThomas Clarke
1652.Robert JenningsPhilip Hilley
1653.John MillingtonChristopher Smith
1654.Thomas HaleEdward Wilson
1655.[481]William CroftEdward Phelps
1656.John BachWilliam Hatton
1657.Thomas ClarkeThomas Jeynes
1658.Thomas ClarkeThomas Jeynes
1659.Christopher SmithAndrew Woollams
1660.[482]John CarverJohn Dobbins
1661.Philip HilleyPhilip Surman
1662.[483]Edward JenningsJohn Mann
1663.Edward WilsonNicholas Steight

 HISTORY OF TEWKESBURY.421

1664.Edward PhelpsThomas King 
1665.Conway WhitburnRichard Smithsend
1666.Thomas NanfanHenry Peyton
1667.Christopher Smith.Edward Laight
1668.George JeynesTheophilus Holland
1669.Philip HilleyRichard Cooke
1670.John DobbinsThomas Palmer
1671.Edward WilsonRobert Porter
1672.Edward JenningsHenry Dobbins
1673.Edward PhelpsThomas Hale
1674.Nicholas SteightJohn Mann
1675.[484]Conway WhithornPhilip Hilley, jun.
1676.Thomas KingsSamuel Smith
1677.Richard SmithsendSamuel Hawling
1678.Thomas NanfanHenry Hatton
1679.Theophilus HollandJoseph Jones
1680.[485]Thomas HaleThomas Bartholomew
1681.Henry DobbinsWilliam Jennings
1682.Thomas NanfanWilliam Jones
1683.John MannWilliam Saunders
1684.[486]Philip HilleyThomas Nanfan
1685.Nicholas SteightAnthony Aston

422HISTORY OF TEWKESBURY. 

Mayors, under the Charter of James the Second.

1686.Charles Hancock, esq.[487]1689.Thomas Jeynes, gent.
1686.William Saunders, gent.1690.Ditto.
1687.John Mann, gent.[488]1691.Ditto.
1688.Thomas Hitchman, gent.[489]   

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Bailiffs, under the Charter of William the Third.

1698Joseph Jones, gent.Henry Dobbins, gent. 
1699.Thomas Bartholomew, gent.William Steight, gent.
1700.William Jones, gent.Nicholas Wrenford, gent.
1701.William Wilson, gent.Francis Laight, gent.
 Edward Laight, gent. vice F. Laight, deceased.
1702.Theophilus Holland, gent.John Jeynes, gent.
1703.George Moore, gent.Thomas Hale, gent.
1704.Thomas Warkman, gent.Abraham Farren, gent.
1705.Joseph Jones, sen. gent.Edward Laight, gent.

 HISTORY OF TEWKESBURY.423

1706.Thomas Bartholomew, gent.Thomas Nevett, gent. 
1707.William Steight, gent.Isaac Merrell, gent.
1708.George Moore, gent.Thomas Kings, gent.
1709.Daniel Kemble, gent.Joseph Smith, gent.
1710.Thomas Warkman, gent.John Clifton, gent.
1711.Edward Laight, gent.Joseph Blackburne, gent.
1712.Thomas Hale, gent.Thomas Kemmett, gent.
1713.Abraham Farren, gent.William Hayward, gent.
1714.George Moore, sen. gent.John Hawling, gent.
1715.Charles Wynde, gent.William Wilson, gent.
 George Moore, sen. gent. vice Wynde, deceased.
1716.George Moore, sen. gent.Joseph Smith, gent.
1717.George Moore, sen. gent.George Taylor, gent.
1718.Henry Collet, esq.George Taylor, gent.
1719.Joseph Smith, gent.Thomas Jones, gent.
1720.Daniel Kemble, gent.George Moore, jun. gent.
1721.Edward Laight, gent.John Clifton, gent.
1722.Joseph Smith, gent.Joseph Blackburne, gent.
1723.George Taylor, gent.William Hayward, gent.
1724.Daniel Kemble, gent.Thomas Kemmett, gent.
1725.George Taylor, gent.Joseph Smith, sen. gent.
1726.George Moore, gent.John Jones, gent.
1727.John Hawling, gent.John Laight, gent.
1728.Thomas Jones, gent.Thomas Hopcott, gent.
1729.William Bromley, esq.Thomas Kemble, gent.
1730.Thomas Kemmett, gent.Nathaniel Jeynes, gent.
1731.Daniel Kemble, gent.John Wilson, gent.
1732.Thomas Warkman, gent.Richard Ash win, gent.
1733.John Hawling, gent.Samuel Rose, gent.
1734.John Jones, gent.John Blackburne, gent.
1735.Thomas Kemble, gent.William Hayward, gent.
1736.George Moore, gent.Thomas Weale, gent.
1737.Thomas Hopcott, gent.William Godsall, gent.
 Nath. Jeynes, gent, vice Hopcott, deceased.
1738.John Jones, gent, for Lord GageRichard Terrett. gent.
1739.John Wilson, gent.Philip Pitt, gent.
1740.Richard Ashwin, gent.John Dobbins, gent.
1741.John Hawling, gent, for Lord CoventrySamuel Rose, gent.
1742.John Blackburne, gent.Peter Cocks, gent.
1743.Thomas Weale, gent.John Hawling, gent.
1744.William Godsall, gent.William Walker, gent.
1745.William Dowdeswell, esq.The Rev. Penry Jones
1746.Philip Pitt, gent.Edmund Lechmere, esq.
1747.John Jones, gent.George Turberville, gent.
1748.Richard Terrett, gent.John Kemmett, gent.
1749.Samuel Rose, gent.Francis Geers, M.D.
1750.Henry Whitaker, gent.John Webb, gent.
1751.The Rev. Penry JonesLawrence Cox, gent.
1752.Peter Cocks, gent.William Clifton, gent.

424HISTORY OF TEWKESBURY. 

1753.George Turberville, gent.John Havard, gent. 
1754.Edmund Lechmere, esq.Samuel Rose, gent.
1755.Henry Whitaker, gent.John Carloss, gent.
1756.Francis Geers, M.D.Peter Hancocke, esq.
1757.John Havard, gent.Samuel Jeynes, gent.
1758.Charles Barrow, esq.Neast Havard, gent.
1759.William Packer Surman, esq.John Webb, gent.
1760.Neast Havard, gent.Richard Bayzand, gent.
1761.John Carloss, gent.Thomas Chinn, gent.
 Francis Geers, M.D. vice Carloss, deceased.
1762.Samuel Jeynes, gent.John Webb, gent.
1763.Peter Hancocke, esq.Neast Havard, gent.
1764.Richard Bayzand, gent.John Spilsbury, gent.
1765.Neast Havard, gent.Richard Carloss, gent.
1766.Thomas Chinn, gent.Marmaduke Rose, gent.
1767.Neast Havard, gent.William Jones, gent.
1768.Charles Barrow, esq.John Pitt, gent.
1769.John Spilsbury, gent.Walter Dewguard, gent.
1770.John Pitt, gent.Charles Dowdeswell, esq.
1771.William Jones, gent.Richard Carloss, gent.
1772.Charles Dowdeswell, esq.William Cliffe, gent.
1773.Walter Dewguard, gent.Robert Smith, gent.
1774.Neast Havard, gent.Samuel Jeynes, jun. gent.
1775.William Cliffe, gent.Thomas Smith, gent,
 George Maxwell, esq. vice Smith, deceased.
1776.Robert Smith, gent.John Terrett, gent.
1777.Samuel Jeynes, gent.Walter Dewguard, gent.
1778.John Terrett, gent.Flock Roberts, gent.
1779.Neast Havard, gent.Thomas Woollams, gent.
1780.Samuel Jeynes, gent.Merrett Hartelbury, gent.
1781.Thomas Woollams, gent.Charles Hancock, gent.
1782.Flock Roberts, gent.Robert Smith, gent.
1783.Charles Hancock, gent.William Mew, gent.
1784.John Terrett, gent.Richard Jenkins, gent.
1785.Neast Harvard, gent.Omwell Lloyd, gent.
1786.Richard Jenkins, gent.Michael Procter, gent.
1787.John Darke, esq.Henry Fowke, gent.
1788.Omwell Lloyd, gent.William Dowdeswell, esq.
1789.John Pitt, gent.Wm. M. Hartelbury, gent.
1790.Michael Procter, gent.Thomas Brown, gent.
1791.Henry Fowke, gent.George Phelps, esq.
1792.Thomas Brown, gent.Rev. Joseph Robinson
1793.William Merrett Hartelbury , gent.Henry Fowke, gent.
1794.George Phelps, esq.Richard Jenkins, gent.
1795.Rev. Joseph RobinsonWilliam Buckle, esq.
1796.Thomas Woollams, gent.Henry Fowke, gent.
1797.John Darke, esq.Richard Jenkins, gent.
1798.Omwell Lloyd, gent.Henry Fowke, gent.
1799.Michael Procter, gent.Thomas Dowdeswell, esq.

 HISTORY OF TEWKESBURY.425

1800.Wm. Merrett Hartelbury, gent,Wm. George Maxwell, clerk 
1801.Thomas Dowdeswell, esq.Omwell Lloyd, gent.
1802.Samuel Trueman, gent.John Pitt Nind, gent.
1803.Wm. George Maxwell, clerkThomas Cooper, gent.
1804.Thomas Dowdeswell, esq.Omwell Lloyd, gent.
1805.John Pitt Nind, gent.Thomas Vernon, gent.
1806.John Terrett, gent.Joseph Wickes, gent.
1807.Henry Fowke, gent.Thomas Woollams, gent.
1808.Thomas Cooper, gent.Michael Procter, gent.
1809.Thomas Vernon, esq.James Kingsbury, esq.
1810.Joseph Wickes, esq.Anthony Lechmere, esq.
1811.Wm. George Maxwell, clerkJohn Martin, esq.
1812.Michael Procter, esq.Henry William Harris, esq.
1813.James Kingsbury, esq.Richard Alcock, esq.
1814.William Dowdeswell, esq.William Prosser, clerk
1815.Henry Fowke, esq.Benjamin Holland, esq.
1816.Anthony Lechmere, esq.Charles Edward Chandler, esq.
1817.Thomas Vernon, esq.James Gorle, esq.
1818.Henry William Harris, esq.Joseph Boughton, esq.
1819.Richard Alcock, esq.Edmund Warden Jones, gent.
1820.Wm. George Maxwell, clerkEdward Brydges, gent.
1821.Benjamin Holland, esq.Joseph Longmore, esq.
1822.James Gorle, esq.Robert Young, esq.
1823.Joseph Boughton, esq.William George Maxwell, clerk
1824.William Prosser, clerkJames Kingsbury, esq.
 Michael Procter, esq. vice Kingsbury, deceased.
1825.Edward Brydges, esq.William Procter, esq.
1826.Edmund Warden Jones, esq.Charles White, clerk
1827.Joseph Longmore, esq.Lewis Goodin Senior, esq.
1828.Robert Young, esq.Thomas Taylor, esq.
1829.Lewis Goodin Senior, esq.George Edmunds Williams, esq.

------

No. 32.

[Chapter 15. - Page 213.]

Tewkesbury Court of Record.

CONCEIVING this court to be of great importance to every inhabitant of the borough, we have subjoined the following epitome of its practice.

The charter of the borough directs that the bailiffs "shall keep the pleas of all and all manner of debts, trespasses and personal actions, proceeding from within the liberty of the borough aforesaid, so that they do not exceed the sum of fifty pounds of lawful money of England".

426HISTORY OF TEWKESBURY. 

The court of record is holden every Friday, at the Tolzey, before the bailiffs, or either of them, and the recorder, or his sufficient deputy, and on that day all process is returnable; but for the issuing, filing, and transacting the routine of its proceedings, the town clerk's office is open every day in the week.

The mode of proceeding is by summons, in the nature of a capias. The plaintiff, by his attorney, files, as in the superior courts, a pracipe, and warrant to sue; whereupon a summons issues, directed to the sergeants at mace, one of whom serves a copy personally on the defendant; and service on the Thursday, or before the sitting of the court on Friday, is held good. It may be here proper to observe, that the court formerly used, in the first instance, to arrest and hold to bail; however, pursuant to some high legal opinions, taken on the subject some years ago, the practice is now never to issue a bailable capias, except in default of appearance to the summons previously issued and returned.

The defendant, having been summoned, must enter his appearance by the next court day after the return of the summons, or, in default, the plaintiff appears for him, according to the statute; and the plaintiff is then entitled to file his declaration, giving notice to the defendant to plead thereto by the next court day, that is, the second court day from the return of the summons. Unless, therefore, before the then following court day, a plea is filed, the plaintiff may sign final or interlocutory judgment, as the nature of the action may require. Thus the plaintiff may obtain his judgment by default in three weeks. In this, however, as in other courts, the defendant has an opportunity of delaying the plaintiff - he is allowed to take out three rules for time to plead, which would delay three weeks; the plaintiff is also allowed three rules for time to declare, occupying a similar period. The plaintiff, on the court day when the defendant's time to plead expires, may give notice of executing his writ of enquiry on the following Thursday: this writ is executed before the town-clerk. When the defendant has pleaded, the plaintiff may give notice of trial on the following court day. The same writs of execution issue from this as from the superior courts; and it may be generally observed that, except in the variation of time and place, the same forms (after the summons) of declarations, notices, &c. are used in this as in the superior courts.

The proceedings of the court are regularly recorded in the court book, and are, from the commencement of the charter, in perfect existence in the town-clerk's office.

 HISTORY OF TEWKESBURY.427

No. 33.

[Chapter 15. - Page 215.]

Fairs and Great Markets.

At a public Meeting of Farmers, Graziers, and other persons interested in the Fairs and Markets of Tewkesbury, (convened by the Bailiffs, pursuant to a resolution of the Common Council of the Borough), held at the Tolzey, on Wednesday, the 26th day of September, 1827,

E.W. JONES, Esq. High Bailiff, in the Chair:

It was unanimously Resolved,

That the March Fair shall be held on the second Monday in the month, as heretofore.

That the Fair usually held on the first Wednesday in April, old style, shall in future be held on the second Wednesday in April, according to the present style.

That the May Fair shall continue to be held on the 14th of the month.

That the Fair on the 22d of June be discontinued, in consequence of a Great Market being held in that month.

That the Fair hitherto held on the 4th of September shall in future be held on the first Wednesday after the 4th of September, for the sale of cheese, wool, &c. as well as for cattle and other live stock.

That the October Fair shall as heretofore be held on the 10th of the month; and that there be Mops for hiring Servants on the Wednesday before and the Wednesday after the said 10th of October, as formerly.

That Great Markets, for the sale of cattle and other live stock, be held on the second Wednesdays in June, August and December, (the latter to be in lieu of the Fair hitherto held in December).

That the following gentlemen be appointed a committee for giving publicity to these proceedings:

Mr. John LordMr. James GorleMr. James Bennett
Mr. Richard LordMr. Thomas TolleyMr. Thomas Orme
Mr. Aaron PikeMr. Wm. ProcterMr. H.K. Whithorn
Mr. John NewMr. Charles BanasterMr. E.G. Edgell
  E.W. JONES, Chairman.

-----

The Fairs and Great Markets above-mentioned were, at a Meeting of the Bailiffs and Common Council of the Borough of Tewkesbury, held on the 11th instant, confirmed, and ordered to be held accordingly.

 E.W. JONES, Town-Clerk.
Tewkesbury, 12th Oct. 1827. 

428HISTORY OF TEWKESBURY. 

No. 34.

[Chapter 19. - Page 262.]

Report of the Committee of the House of Commons on the Tewkesbury Election Petition.

Mercurii lmo. die Martii, 1797.

WHEREAS the select Committee, appointed to try and determine the merits of the petition of Peter Moore, esq. and Philip Francis, esq, complaining of an undue Election and Return for the Borough of Tewkesbury, in the County of Gloucester, have this day reported to the House of Commons:-

"That it appeared to the said select Committee, that the merits of the petition did, in part, depend upon the Right of Election, and that, thereupon, the said Committee, therefore, required the parties to deliver in statements in writing, of the Right of Election for which they respectively contended.

"That in consequence thereof the petitioners delivered in a statement, as follows:-

"The petitioners state, that the Right of Election, for the borough of Tewkesbury, is only in the Bailiffs, Burgesses and Commonalty of the said Borough; meaning, by the word Burgesses, such persons as are entitled to their freedom by servitude or copy; and by the word Commonalty, the inhabitant householders of the said borough".

"That the sitting members, James Martin and William Dowdeswell, esquires, delivered in a statement, as follows:

"The Right of Election is in the Freemen of the said Borough; and in any Person seised of an Estate of Freehold, in an entire Dwelling-House, situate within the said Borough".

" That, upon the statement delivered in by the said petitioners, the said select Committee have determined. That the Right of Election, as set forth in the said statement, is not the Right of Election for the said Borough of Tewkesbury.

"That, upon the statement delivered by the sitting members, the said select Committee have determined, That the Right of Election, as set forth in the said statement, is not the Right of Election for the said Borough of Tewkesbury.

 HISTORY OF TEWKESBURY.429

"That the said select Committee, having duly considered the said statements, and the evidence adduced before them, touching the Right of Election, have determined,

"That the Right of Election is in the Freemen at large, and in all Persons seised of an Estate of Freehold, in an entire Dwelling -House, within the ancient limits of the said Borough".

I do hereby give you this notice, in pursuance of the directions of the Act made in the twenty-eighth year of the reign of his present Majesty, intituled, "An Act for the further Regulation of the Trials of Controverted Elections, or Returns of Members to serve in Parliament". Given under my hand, this first day of March, one thousand seven hundred and ninety-seven.

 HENRY ADDINGTON, Speaker.
To the Returning Officers for the Borough of Tewkesbury.

-----

No. 35.

[Chapter 19. - Page 264.]

Particulars of the public Life of the late James Martin, Esq. M.P.

THIS highly respected gentleman was born at Overbury, in Worcestershire, on the 4th of June, 1738 - the identical birth-day of our late venerable sovereign, King George the third.

His father, John Martin, esq. who generally resided on his estate at Overbury, and was much esteemed for his social and benevolent disposition, was elected member for Tewkesbury in 1741, at the same time that his brother James represented the town of Cambridge, and both of them were warmly attached to Whig principles: he built a handsome house upon the estate at Overbury, which was burnt down in 1735, shortly after which he erected the present mansion: he died in 1767. His mother was Catherine, daughter of Joseph Jackson, esq. of Sneyd Park, near Bristol.

He was the youngest of three brothers, John, Joseph and James. John was a most accomplished gentleman, and was elected member for Tewkesbury in 1754: he married Judith, only daughter and sole heiress of William Bromley, esq. of Upton-upon-Severn. Joseph was first member for Gatton, and afterwards represented Tewkesbury: he succeeded his uncle in the banking-house in Lombard-street, which had been established for nearly one hundred years, and served the office of sheriff of London and Middlesex

430HISTORY OF TEWKESBURY. 

in 1771. He had several sisters, most of whom settled in life, and formed respectable connexions: one of them married the Rev. Treadway Nash, D.D. the historian of Worcestershire, whose only daughter and sole heiress married the present Earl Somers in 1785; another married the celebrated Dr. Heberden; a third, Thomas Herbert, esq. of Mucruss, on the banks of the Lake of Killarney; and a fourth, Sir Nicholas Carew, bart. of Beddington Hall, near Croydon.

James, the subject of this memoir, received his education first under the Rev. Matthew Bloxham, vicar of Overbury, father of the late Sir Matthew Bloxham, alderman of London; and subsequently under the Rev. Mr. Graham, of Hackney, father of the present Judge Graham. Immediately after leaving school, he was introduced into the banking-house in Lombard-street, and as soon as he became of age, was admitted a partner.

About this period he became extremely corpulent, and the violent measures he adopted to counteract this tendency, temporarily injured his health; in order to restore it, and to gratify his inclination to visit various parts of the continent of Europe, he spent two or three years abroad. On his return to England, he purchased chambers in the Temple, and resided there until he removed to a house in Whitehall. In 1774, he married Penelope, only daughter of John Skipp, esq. of Ledbury, w bo was descended from a branch of the family of Dr. John Skipp, the first protestant bishop of Hereford.

Upon the death of his brother Joseph, in 1776, Mr. James Martin was elected a representative in parliament for the borough of Tewkesbury, and retained his seat in the six following parliaments. At the general election, in 1807, this upright and indefatigable senator voluntarily resigned his trust, and retired into private life.

The late Alexander Stephens, author of the "Public Characters", calls him "honest James Martin", and says, "I would to God that we had but two hundred such as the member for Tewkesbury in the Augean stable". And Sir Nathaniel Wraxall, in his "Memoirs", observes, that he, who "yielded to none in probity, invoked curses on the coalition, as the grave of all principle". Mr. Martin indeed never suffered an opportunity to escape of attacking this unnatural political union: during the debate on Mr. Fox's celebrated Bill for vesting the Affairs of the East India Company in the hands of Commissioners, in 1783, after stating that this desperate measure was to be ascribed to the ruinous effects of the late coalition, "I wish", said he, "there were a speaking starling perched upon the speaker's chair, to sound in the ears of the House, 'curst coalition!' 'curst coalition!'" This caustic exclamation entailed upon him, ever afterwards, among his political opponent^, the epithet of "Starling Martin". Shakspeare has a similar idea in Henry IV. in which he says,

"I will have a starling taught to speak
"Nothing but Mortimer; and give it him,
"To keep his anger still in motion".

 HISTORY OF TEWKESBURY.431

Few representatives in parliament ever enjoyed the confidence and esteem of their constituents equally with this gentleman, and none ever deserved it more. When he retired from the arduous duties of a legislator, even those who had most frequently differed from him on national subjects, spontaneously and eagerly came forward, with his more immediate friends, to testify their approbation of his general parliamentary conduct; and as the proceedings on that occasion were no less honourable to Mr. Martin than to those who had seven times delegated him to the important trust of representing them in parliament, it has been thought proper to preserve here the following interesting documents.

Tewkesbury, May 26, 1807.

At a Meeting of the Freemen, Burgesses, and Inhabitants of this Borough, convened by public notice from the Bailiffs, for the purpose of considering of an Address to our late Representative, James Martin, esq. expressive of our thanks for his honest, faithful, independent and conscientious conduct, during the thirty-two years he has represented this Borough in Parliament,

The worshipful the High Bailiff in the Chair:

Resolved unanimously, - That the services which have been rendered to this Borough, by our late worthy Representative, James Martin, esq. during the long and eventful period in which he has sat in the British Senate, imperiously call upon us, on his retiring from public life, to offer him our warmest acknowledgments for the anxious regard and unremitted attention which he has uniformly displayed towards the interests of his Constituents; and to express the high sense which we entertain of that sterling Independence, and inflexible Integrity, which have marked the whole of his Parliamentary Conduct, and have peculiarly characterized him as a faithful and honest Representative of the Commons of this Kingdom.

That a Piece of Plate be presented to Mr. Martin, with an appropriate inscription; and that Mr. Bailiff be requested to communicate these Resolutions to him; and to add our sincere and hearty wishes that he may long continue to experience in retirement those enjoyments, to which, by his public and private virtues, he is so eminently entitled.

Signed, at the request of the Meeting,
JOHN TERRETT, Bailiff.

St. James's-Street, May 29, 1807.

My dear Sir, - I yesterday received the favour of your letter, together with the Resolutions passed at a Meeting of the Freemen, Burgesses, and Inhabitants of Tewkesbury, on the 26th instant, and I cannot sufficiently express the happiness which I feel in having the approbation of my conduct, while I had the honour of being in Parliament, so solemnly expressed by my Constituents.

432HISTORY OF TEWKESBURY. 

The Resolutions themselves render it almost unnecessary for me to declare, that in the discharge of my duty I never sought any other reward: during an eventful period of thirty-two years, many questions must have arisen, in which the most honest and able men entertained the most opposite opinions; and it must have frequently happened, that I have supported some measures, and opposed others, contrary to the judgment of many of those by whom I was sent to Parliament; but whenever my constituents thought proper to express any decided opinion, to that opinion I readily submitted my conduct; when left to act upon my own ideas, I can safely assert, that my constant aim was, - to guard the public purse from abuse, to render the necessary taxes as little oppressive as possible, - to promote agriculture, manufactures, commerce, and works of public utility, - to support those principles of civil and religious freedom which are the foundation of our constitution, as established at the glorious Revolution in 1688, and which afterwards placed the House of Hanover on the throne of this country, - to promote the peace and happiness of all mankind.

These, I repeat, were the objects of all my endeavours; - had my conduct been unfortunately disapproved by my constituents, I must even then have experienced no inconsiderable share of satisfaction, arising from rectitude of intention; but uniting to that feeling, testimonies of approbation and attachment, which I have received from those who have long known me, both in private and public life, there are few who may not envy the state of my mind.

If any thing could have increased the pleasure which I experienced on the receipt of the Resolutions, it was their being communicated to me through the hands of one of my oldest, warmest, and most zealous friends. I shall esteem myself further obliged, by your making known my thanks and sentiments on this occasion, in any way you, my dear friend, may think the most proper: I have only to add, that the warmest wish of my heart is, that the Electors of Tewkesbury may obtain that, - which their own pure and uncorrupt conduct, on all occasions, has fairly entitled them to, - I mean, Representatives more able and as faithfully attached to their interest, as

Yours sincerely,JAMES MARTIN.
To John Terrett, esq. Bailiff of Tewkesbury. 

The Vase, which was very elegant, was executed by one of the first silver-smiths in London, and bore the following inscription:

"The Burgesses and Inhabitants of the Borough of Tewkesbury, at a public Meeting, held on the 26th day of May, in the year 1807, unanimously voted, that this Vase should he presented to James Martin, esquire, upon his retiring from their Parliamentary Service, as a small testimony of respect and regard for that Independence and Fidelity, which has marked his conduct as one of their Representatives during the long and eventful space of thirty-one years.

"ElectedApril 8, 1776"ElectedMay 30, 1796
 Sept. 11, 1780 July 5, 1802
 April 6, 1784 Oct. 31, 1806
 June 18, 1790RetiredApril 29, 1807".

 HISTORY OF TEWKESBURY.433

Upon receipt of this Piece of Plate, Mr. Martin returned the following note, addressed to Henry Fowke, esq.:

"Mr. Martin thinks himself particularly obliged to the Gentlemen of the Committee, for the kind and friendly manner in which they have transmitted to him the truly valuable and elegant Present of the Burgesses and Inhabitants of the Borough of Tewkesbury. His only claim of any reward for his parliamentary conduct must be, that he is thoroughly conscious of never having disgraced the choice of his constituents, by any thing mean, corrupt, or self-interested. The words "independence and fidelity", which make part of the inscription, arc, above all others, those which he would have wished to have been applied to himself.

"Overbury, Nov. 28, 1807".

To the universal regret of his family and friends, Mr. Martin died on the 20th of January, 1810, and was buried with his ancestors in the family vault at Overbury.

The following character of him, which first appeared in the obituary of that highly-respectable publication, the Gentleman's Magazine, is an elegant and just eulogium on one of the most upright and patriotic individuals that ever adorned the British Senate:

"He was a man whose love of justice was sincere and fervent, and it ran through all his conduct. His attachment to order and decorum was seen in all he did; his regard to decency, and hatred of loose and profane conversation, endeared him to the good and worthy, and abashed the dissolute, whom he put to silence, however high their rank; his religion was without ostentation, yet it was the genuine effect of Christianity; it accompanied all his actions, and adorned his life. He was a friend to the poor; he listened to all their wants, and relieved them. His benevolence was conveyed, by secret veins, to the abodes of poverty; and when it arose to view it occasioned a blush upon his cheek. But the performance of the duties of religion in his family he was never ashamed of, let his guests be whom they might. In his conduct as a husband and a father he was exemplary. He was ever attentive to the interests and welfare of his domestics; and had the happiness of all around him greatly at heart. He served his country many years in parliament with inflexible integrity, and attended to its official duties with indefatigable zeal. His independency of conduct was almost proverbial. Though not implicitly devoted to any party, he ever supported the rights and liberties of the people. Firmly attached to the House of Hanover, and the king upon the throne, he was convinced there were faults to be discovered in the cabinets of princes, and that the administration of government is not always right. A true friend to the constitution, as established at the glorious Revolution of 1G8S, he was jealous of an infringement of its rights, and lamented the injury it has sustained. A sworn foe to

434HISTORY OF TEWKESBURY. 

bribery and corruption, he abhorred the infamous arts practised at elections; and so nice was his sense of propriety and fairness, that he never used any undue influence himself, nor would he suffer any to be used by his friends. In short, both in public and in private life, his predominant character was that of "the upright and honest man". As a friend he was sincere, affectionate, and never-failing. His urbanity and general politeness to all his acquaintance evinced the gentleman; his hospitality and attention to his guests no one could ever exceed; yet was his sincerity greater than his politeness. He would never compliment his visitors at the expense of truth; nor would he give his assent to any assertion in which his heart did not concur. He discouraged flattery, and despised the flatterer. To the cause of virtue, and to the feelings of humanity, he was ever devoted. Every useful, patriotic, and benevolent scheme had his warm patronage and strong support. Under his auspices, and assisted by his personal exertions, arose the institution called "The Severn Humane Society"; and he lived to witness its success, in the recovery of many useful lives. Well acquainted with polite Literature, the sciences, and the fine arts, he encouraged and patronized their professors, and was particularly the friend of indigent merit. Such was the man now lost to his family, to his friends, to the poor, to his country; lost to the cause of virtue and piety; lost, as a bright example to the world, in which few such remain. But, though lost to us, he is gone, it is hoped, to receive his reward in a better world".

Mr. Martin left behind him three sons, John, Joseph and James, and three daughters, Penelope, Eliza and Anne.

John is the present member for Tewkesbury, and head of the old and respectable banking establishment in Lombard-street. He married, in 1803, Frances, daughter of Richard Stone, esq. a banker in London, and of Chislehurst in Kent, and has issue, Frances Penelope, John, James, Robert and Emily: his second son, Richard, who was of New College, Oxford, died at Bath, on the 5th of June, 1829, aged 23.

Joseph is a chancery barrister, of considerable eminence, and has evinced himself a staunch assertor of the privileges of the people on several important occasions: he married a lady whose maiden name was Hewitt, and whose family resided at Whitehaven, in the county of Cumberland. - James was until lately a partner with his elder brother in the bank, and was captain of the Tewkesbury Troop of Yeomanry Cavalry during the late war: he married Julia, daughter of the Rev. John Vignoles, of Portarlington in Ireland, and resides at Colwall in Herefordshire. - Eliza is married to Charles Edward Hanford, esq. of Wollashill; and the other daughters reside with their truly amiable and venerable mother, at the family mansion at Overbury, about five miles from Tewkesbury.

 HISTORY OF TEWKESBURY.435

No. 36.

[Chapter 19. - Page 265.]

A brief Account of the Family of Codrington.

THE Codrington family, which is of considerable antiquity, was settled at Codrington, in the county of Gloucester, in the time of King Henry the fourth. John Codrington, esq. held the dignified situation of standard-bearer to Henry the fifth, in his wars with France, and is supposed to be the same John whose death is recorded on a monumental tablet in Wapley church, at the extraordinary age of 111 years, A.D. 1475. Robert Codrington, a demy of Magdalen College, Oxford, who wrote the Life of Robert Earl of Essex, and died of the plague in London in 1665, was of this family, and born in the county.

The present family is descended from a branch of the Codringtons of Codrington: Christopher, a younger son, in the reign of Charles the first, went with his fortune to Barbadoes, where he died, and left two sons; the eldest of whom, Christopher, became lieutenant-governor of the island of Barbadoes, and afterwards captain-general of the Leeward Islands, in which post he died, leaving also two sons, one of them of his own name. This Christopher, who was born in 1668, was a fellow of All Souls College, Oxford; but being desirous of visiting foreign countries, he entered the army, became a captain of the first regiment of foot guards, and attended King William in the wars of Flanders, where he conducted himself with such gallantry, that, after the peace of Ryswick, he was appointed to succeed his father in the government of the Leeward Caribbee Islands. In 1701, articles of impeachment were brought against him before the Commons of England, by whom he was honourably acquitted; shortly after which, he resigned his government, and retired to the enjoyment of a studious life. He died at Barbadoes in 1710, and bequeathed to the College of All Souls the sum of £.10,000 for the purpose of building a library and furnishing it with books, besides leaving to the same college his own invaluable collection of literary treasures; he also gave £.20,000 to the Society for the Propagation of Christian Knowledge, for the building and endowment of a college at Barbadoes; and left the bulk of his fortune, upwards of £.40,000, to his cousin, Colonel William Codrington, of that island. There is a fine statue of him, in a Roman garb, by Sir H. Cheere, and a bust by Rysbrack, in All Souls College.

Sir William Codrington, the first baronet, so created in 1721, was one of the gentlemen of the privy chamber of George the first, and M.P. for Minehead; he married Elizabeth, daughter and heiress of William Bethell, esq.

436HISTORY OF TEWKESBURY. 

of Swindon, Yorkshire, by whom he had issue, 1. William, who succeeded him; 2. John Archibald, 3. Christopher, both of whom died without issue; 4. Edward, who married Rebecca L'Esturgeon, of Mortlake, Surrey, and died in 1775, leaving issue, Christopher, the present baronet; William John, who took the surname and arms of Bethell in 1798, and married Anna Maria Chaloner, of Gainsborough, Yorkshire, niece of the late Lord Harewood; Sir Edward, admiral, G.C.B. and F.R.S. who signalized himself at the battle of Navarino, against the Turks, in 1828; Elizabeth, who died unmarried; and Caroline, married to Joseph Lyons Walvond, of Antigua. Sir William had also five daughters, 1. Elizabeth, died unmarried; 2. Caroline, married Richard Cox, esq.; 3. Dorothy, married William Pennyman, esq.; 4. Mary, married George Bernard, esq.; and 5. Bridget, married William Dowdeswell, esq. of Pull Court, Worcestershire, chancellor of the exchequer, &c. Sir William died 17th Dec. 1738, and was succeeded by his eldest son,

Sir William, the second baronet, who married Anne Acton, of Fulham, Middlesex, by whom he had one son. He was a lieutenant-colonel of the Gloucestershire militia, represented the borough of Tewkesbury in six successive parliaments, and died 11th March, 1792, aged 75.

Sir William, the third baronet, succeeded to the title of his father, and married Mary Kirke, who died in 1789, without issue, he chiefly resided in France, and died at Rennes, 5th Sept. 1816, aged 78. He was succeeded in his title by his first cousin, Christopher, the present baronet, who previously enjoyed the family estates, as devisee of his uncle, the second baronet.

Sir Christopher Bethell Codrington, bait, who represented Tewkesbury in parliament from 1797 to 1812, married Caiolinc-Georgina-Harriott, daughter of Thomas, second Lord Foley (by Harriott, fourth daughter of William, second Earl of Harrington, by Caroline Fitzroy, eldest daughter of Charles, second Duke of Grafton, K.G.), and has issue, 1. Harriott, born 2d July, 1797; 2. Anna-Maria-Caroline, born 11th July, 1798, married Jan. 3, 1826, to the Hon. Arthur Thelluson, fourth son of the late and brother to the present Lord Rendlesham; 3. Georgina-Elizabeth, born 16th July, 1799, married in 1826 to Henry Peyton, esq. eldest son of Sir Henry Peyton, bart.; 4. Mary, born 30th Jan. 1801; 5. Anna-Maria, died 1802; 6. Anna-Maria, born 1st Oct. 1803, died 20th May, 1823; 7. Christopher-William, born 12th March, 1805; 8. Cecilia, born 19th Feb. 1807; 9. Charles-Bethell, born 19th Sept. 1808; 10. Elizabeth, born 18th Nov. 1809; 11. Charlotte-Octavia, born 5th Feb. 1811; 12. Isabella; died an infant; 13. Edward, born 6th Aug. 1813; 14. Emma, born 10th Dec. 1814; and 15, Augusta-Frederica, born 2d July, l818.

 HISTORY OF TEWKESBURY.437

No. 37.

[Chapter 19. - Page 265.]

A short Pedigree of the ancient Family of Tracy.

THE family of Tracy is descended from the blood-royal of the Saxon kings of England; and the manor of Todington, in the county of Gloucester, has continued in the name of Tracy from the beginning of the reign of King Edward the first - a space of upwards of five hundred and fifty years. "Todintune", at the time of the Survey, was held by Heraldus, lord of Sudeley, son of Ralph Earl of Hereford, who was son of Goda, youngest daughter of King Ethelred, by Walter de Maigne, a Norman nobleman. John de Sudeley, son and heir of Heraldus, married Grace, daughter of Henri de Traci, lord of Barnstaple, Devon, who came into England with William the Conqueror, and took his name from Traci, a town of Normandy. From this marriage sprang Ralph, who succeeded to the barony of Sudeley; and William, who, in the reign of Henry the second, took his mother's name of Traci. William probably held the Todington estate of his elder brother Ralph by the service of a knight's fee; and was one of the four knights who slew Archbishop Becket, in Canterbury cathedral, in 1170.

From this William the family has been continued in the following names, in lineal descent: Oliver de Tracy, 1201; - William de Tracy, 1269; - Sir William Tracy, high-sheriff 1319; - Henry; - Henry; - Thomas, high-sheriff 1359 and three following years; - John, knighted by Edw. III. and knight of the shire and high-sheriff 1366; - Henry; - John, high-sheriff 1379; -William, high-sheriff 1395; - William, high-sheriff 1416; - William, high-sheriff 1442 and 1443; - William, high-sheriff 1449; - Henry; - William, high-sheriff 1512; married Margaret, daughter of Sir Thomas Throckmorton, of Corse Court: he was suspected of heresy after his death, in consequence of some expressions in his will, and his body was taken up and burnt in the reign of Hen. VIII.; - William; - Henry, married Elizabeth, daughter of John Lord Chandos, baron of Sudeley, and died in 1551: his younger brother Richard was settled at Stanway, and from him descended the Traeys of Stanway; - Sir John, high-sheriff 1578, died 1591; - Sir John, high-sheriff 1609, created a viscount 1642; - Robert, second viscount; - John, third viscount; - William, fourth viscount; - Thomas Charles, fifth viscount; - Thomas Charles, sixth viscount, son of the preceding peer, by Elizabeth, grand-daughter of Sir Edw. Keyte, of Ebrington, hart, died in

438HISTORY OF TEWKESBURY. 

1792; - John, seventh viscount, half-brother to the above, whose mother was Frances, daughter of Sir John Packington, of Westwood, hart.: he was a doctor in divinity and warden of All Souls College, Oxford, and died without issue, in 1793, shortly after his accession to the title. - He was succeeded by his brother Henry, the eighth and last viscount; on whose death, in 1797, the title became extinct.

Henry left one daughter, heiress to the great estates, the Hon. Henrietta Susannah Tracy, married to Charles Hanbury, esq. of Pontypool, in the county of Monmouth, in 1798, who thereupon took the name of Tracy, and served the office of high-sheriff of the county of Gloucester in 1800. He was elected member for Tewkesbury in 1807, but declined representing the borough in the ensuing parliament.

Mr. Tracy had materially beautified and improved the fine old family mansion at Todington, when, in 1802, a fire destroyed a considerable portion of it: he afterwards, in a great measure, repaired the damage occasioned by this accident, but finding that the site of the house was not the fittest that could have been selected, and probably experiencing much difficulty in accommodating the ancient residence to the conveniences and taste of modern life, without destroying the appearance of antiquity in the exterior, he, about the year 1820, commenced the erection of a large and elegant structure, on an elevated spot at a little distance from the former one. This splendid mansion, when completed, will be a chef d'oeuvre of that species of architecture which is usually termed Gothic; it will exceed in grandeur of design and in sculptured decoration the once celebrated abbey at Fonthill; and will be a lasting monument to the public spirit and exquisite taste of the liberal-minded proprietor, from whose plans and under whose immediate superintendence the whole of it has been raised.

Mr. Tracy has six sons and three daughters, viz. Thomas Charles Hanbury Leigh, Henry Hanbury, John Capel Hanbury, Arthur Capel Hanbury, William Hanbury, Edward Hanbury, Henrietta Susannah, Frances Hanbury, and Laura Susannah Hanbury.

 HISTORY OF TEWKESBURY.439

No. 38.

[Chapter 19. - Page 265.]

A Pedigree of the Dowdeswell Family.

THE highly-respectable family of Dowdeswell has been settled at Bushley, in the county of Worcester, for upwards of two centuries, where they possess a fine estate, including the whole of the parish, with the exception of a cottage or two, as well as extensive possessions in several of the adjoining parishes. The mansion, called Pull Court, which is delightfully situated in the midst of the estate, has been much improved by its present tasteful proprietor and his immediate predecessors, and is enriched by a good library and some fine pictures. The pleasure grounds and plantations are extensive and picturesque, and exhibit, in many of their most admired features, the peculiar taste of the celebrated Launcelot Brown, usually designated "Capability Brown", by whom they were planned. There were originally three distinct manors in this parish: the manor of Bushley Park belonged to the Clares and Despensers, Earls of Gloucester, and from them it passed by marriage to the Beauchamps, Earls of Warwick: it fell to the king, upon the attainder of Edward Plantagenet, Earl of Warwick, 15 Hen. VII. and was attached to the see of London in the time of Bishop Bonner. An act of parliament was afterwards passed, to enable the bishop of London to sell this manor to Mr. Richard Dowdeswell. There was another manor in the parish, called Bushley Manor, belonging to the abbey of Tewkesbury, which, with the parsonage of Bushley, fell into the king's hands at the suppression of the monasteries, and subsequently passed through the families of Handby and Colles to the Dowdeswells. A third manor here was called Pulle, (signifying, according to Bullet's Etymol. Dict., fertile or abundant), which once belonged to the crown, and afterwards to the abbey of Tewkesbury. At the dissolution of the abbey, it was again vested in the crown, and subsequently became the property of Sir William Chyld, who sold it to Sir John Rous, from whom it was purchased by Mr. Roger Dowdeswell. These manors are now united, and from the proximity of the Bushley estate to Tewkesbury, the possessors of it have generally had considerable influence in the town; they have usually been members of the body corporate, and have frequently represented the borough in parliament.

The present family is descended in a direct line from John Dowdeswell, who, in the reign of Queen Elizabeth, lived at Hill-House, in the parish of Bushley, which he occupied as tenant of the Wrenfords of Long&on. John. had three wives; his first was Sybil, who died in 1571, by whom he had two sons, Roger and John, and two daughters; his second wife was Johanna Clements, by whom also he had issue; and his third was Elizabeth Taynton.

440HISTORY OF TEWKESBURY. 

Roger, eldest son of John, who is described as of New Inn, married Martha Blomer, daughter of Giles Blomer, who was grandson and heir to Johanna Tyndale of Pull Court. In 1606, he bought Hill-House from the Wrenfords; and in 1609, he purchased from his father-in-law, Giles Blomer, the Ox-eye and Frogmore, formerly part of the possessions of Tewkesbury Abbey. He also acquired considerable property in Pull, which was at that period a distinct manor, and which, in 1628, was conveyed to him and to his eldest son Richard. He died in 1633, and was buried in Bushley Church, where there is a mural monument erected to his memory, with a curious laudatory epitaph. He left several children, one of whom was William, of Pembroke College, Oxford, D.C.L., prebend of Worcester and vicar of Tirley; who was, according to Wood, accounted a learned man among those of his society, and often commended by Sir Thomas Brown for his literary attainments.

Richard, the son of Roger, in 1628, married Ann, daughter of Sir Charles Pleydell, knight of the golden fleece, of Mydge Hall, Wilts, and purchased of John Colles the manor, rectory and parsonage of Bushley. During the civil wars, Richard appears to have taken an active part for the king. The following is an entry in the journals of the house of commons, March 3, 1644: "Resolved, that Mr. Richard Dowdeswell, of Worcestershire, be sent up to the parliament, and not exchanged without the consent of the committee of Worcestershire". On some former occasions he appears also to have been much harassed: in 1643, the house of commons sent for him as a delinquent, "for being active and assisting in the putting the commission of array in execution"; and ordered the serjeant to receive and keep him in safe custody. A petition, and "divers articles annexed", were afterwards preferred against him; and after examining witnesses and questioning the "delinquent", he was committed to the Serjeant's custody, but was subsequently discharged upon bail. In 1660, he was returned by Tewkesbury, as one of its members, to the convention parliament, and continued to represent the borough during the remainder of his life. He was an active member of the house; was on most of the committees appointed to consider of the measures fit to be adopted against the regicides, and was one of those to whom it was referred to bring in a bill for their execution. He opposed the proceedings against Lord Clarendon; and having, in one of the debates on the articles of impeachment which had been brought forward against that nobleman, observed, "that there was a violent stream against the chancellor", he was called to the bar, compelled to explain himself, and ask pardon of the house. He died in 1673, aged 73, having had several children, and lies in Bushley church, where there is a monumental inscription, commemorative of him and his wife.

William, his eldest son, who, in 1652, had married Judith, daughter of Sir James Wymondsell, of Putney, knight, succeeded to the family estates.

 HISTORY OF TEWKESBURY.441

Between him and his brother Charles there appear to have been some serious disputes and litigations, which were terminated in 1677, by an award of Chief Justice Scroggs. By this award, Charles was directed to convey to William the rectory and parsonage of Bushley, and all tithes, great and small, within the parish. Charles died in 1706, and was buried in Forthampton church.[490] William's eldest daughter, Elizabeth, married Judge Tracy. He served the office of sheriff of the county of Worcester in 1678, and died in 1683.

He was succeeded in his estates by Richard, his eldest son, who in 1676, married Elizabeth, daughter of Sir Edward Winnington, bart. In 1684, Richard was returned to parliament as representative of the borough of Tewkesbury, a situation he continued to fill during the rest of his life, having been elected for ten successive parliaments. He appears to have had great influence in the borough, for, during part of the time he represented it, his colleague was Sir Francis Winnington, bart. his wife's brother; and at another time, Charles Hancock, esq. who had married his sister. He served the office of sheriff of Worcestershire in 1689, and died in 1711, leaving two sons, William and Francis, and three daughters, Judith, Margaret and Elizabeth, the last of whom married Roger Tuckfield.

William succeeded his father in the family estates, and in 1711. married the Hon. Catharine Cockayne, daughter of Lord Cullen, who died in 1716, leaving two children, William, who died an infant, and Frances, who married William Basil. William, afterwards, in 1719, married Anne Hammond, daughter of Anthony Hammond the poet, and great grand-daughter of Sir Dudley Digges, bart. one of the first representatives for Tewkesbury. William was elected member for Tewkesbury in 1710, 1713, and 1715; and served the office of sheriff of Worcestershire in 1726. He died in 1728, leaving by his second wife three sons, William, who succeeded him; George, a physician; and Thomas, who died whilst at Westminster school. George, the second son, was educated at Westminster school and

442HISTORY OF TEWKESBURY. 

at Christ Church, Oxford; in 1745 he was elected to one of Dr. Radcliffe's travelling fellowships, and in 1760 married Elizabeth, daughter of Richard Buckle, esq. of Chaceley, by whom he had three sons, William, Charles and George, and one daughter, Frances.

William succeeded to his father's estates when he was a little more than seven years old, having been born in 1721. He was educated at Westminster school, from whence he was, in 1736, removed to Christ Church, Oxford. In 1747 he was returned to parliament as member for Tewkesbury, and in the same year married Bridget, youngest daughter of Sir William Codrington, bart. In 1761 he was elected one of the members for Worcestershire, and continued to represent that county during the rest of his life; his brother-in-law, Sir William Codrington, being returned on his interest for Tewkesbury. Mr. Dowdeswell filled the important situation of chancellor of the exchequer during the Rockingham administration in 1765 and 1766, and was appointed one of his majesty's most honourable privy council. Dr. Belsham, who is not remarkable for eulogising any of the servants of the crown, characterises him as a man of shining talents and inflexible virtue, equally a stranger to the artifices and servility of courts. His character has also been justly delineated in the following elegant lines, written by his intimate friend the Right Hon. Edmund Burke, and engraven on a tablet in Bushley church;

"To the memon of WILLIAM DOWDESWELL,
Representative in Parliament for the County of Worcester,
Chancellor of the Exchequer in the years 1765 and 66, and a Member of the King's Privy Council:
A SENATOR for TWENTY YEARS, a MINISTER for ONE, a VIRTUOUS CITIZEN
for his WHOLE LIFE.
A man of unshaken constancy, inflexible integrity, unremitted industry.
HIS MIND was generous, open, sincere.
HIS M NNERS plain, simple, and noble; rejecting all sorts of duplicity and disguise, as useless
to his designs and odious to his nature.
HIS UNDERSTANDING was comprehensive, steady, vigorous, made for the practical business
of the state.
IN DEBATE he was clear, natural, and convincing.
HIS KNOWLEDGE, in all things which concerned his duty, profound.
He understood beyond any man of his time the REVENUES of HIS COUNTRY; which he preferred
to every thing except its LIBERTIES.
He was perfect master of the law of parliament, and attached to its privileges until they were set
up against the RIGHTS of the PEOPLE.
All the proceedings which have weakened GOVERNMENT, endangered FREEDOM, and distracted
the BRITISH EMPIRE, were by him strenuously OPPOSED;
And his last efforts, under which his health sunk, were to preserve his country from a CIVIL
WAR; which, being unable to prevent, he had not the misfortune to see.
He was not more respectable on the public scene than amiable in private life.
Immersed in the greatest affairs, he never lest the ancient native genuine English character of a
COUNTRY GENTLEMAN, disdaining and neglecting no office in life.
He was an useful municipal magistrate; with great care and clear judgment administering
justice, maintaining the police, relieving the distresses, and regulating the manners
of the people in his neighbourhood.
AS HUSBAND and FATHER, the kindest, gentlest, most indulgent He was every thing to his
family except what be gave up to HIS COUNTRY.
His widow, who labours with life in order to form the minds of his eleven children to the
resemblance of their father, erects this monument"

 HISTORY OF TEWKESBURY.443

The right honourable gentleman was chairman of the quarter sessions for the county of Worcester for many years previous to his death, which happened in 1775, at Nice, whither he had retired for the benefit of his health. He left issue, Thomas; - Charles, who died in 1776; - William; - Edward Christopher; - Wentworth, who died an infant; - and John Edmund. - He also left six daughters, Elizabeth, who married Sir W.W. Pepys, bart.; Charlotte, Arabella, Theodosia, Diana and Caroline. His lady died at Sunbury, Middlesex, in 1818, and was buried in the same vault with her husband at Bushley.

Thomas, on the death of his father, inherited the family property: he entered early in life into the guards, and served with his regiment in America, where, from exposure to cold and damp, his eyes became affected with so serious a malady, that it ended in a total deprivation of sight before he was thirty years of age. He married, in 1798, Magdalena, second daughter of Admiral Sir Thomas Pasley, bart. and died without issue Nov. 11, 1811, aged 57. - Anna Seward, in one of her "Letters", thus describes Pull Court, and Colonel Thomas Dowdeswell and his lady: "Nature and well-directed art have combined to enrich and adorn that noble seat of an ancient family with every charm of landscape; excepting, indeed, the meandering course of a river, or the glassy expanse of a lake. Only a short reach of the Severn is discernible at about a mile's distance. What was originally a noble park, has been, within these twenty years, and by its present owner, converted into a bright, extensive lawn, near a mile across, and of proportionate width". "Little Mrs. Dowdeswell, sensible and very lively, though twenty years younger than her excellent husband, loves him with animated tenderness, and alleviates the misfortune of long-extinguished sight by the most energetic and incessant attention. She reads to him, she writes for him; and, when he is unemployed, she frolics about him with all the sweet-tempered gaiety of Rosalind. His own industrious ingenuity assists her affectionate endeavours to make him forget his calamity. He knotted all the fringe of his furniture himself; he hung all his pictures and prints; knows, and can point out the beauties and defects of each. He placed with his own hands every book in his noble library, and can fetch any volume that is wanted without assistance. He repeats the whole Sunday Evening Liturgy to his family, with solemn and harmonious accuracy. I was affected even to tears when I saw him stand up, and begin that sacred address. His fine height, majestic person, expressive features, and unaffected energy of tone and emphasis, combined with the consciousness of that darkness to which no earthly morning can come, thrilled my heart with blended sensations of pain and pleasure".

William, who was chosen member of parliament for Tewkesbury, on the death of Sir William Codrington in 1792, and again at the general election in 1796, and who succeeded to the family estate on the demise of his eldest

444HISTORY OF TEWKESBURY. 

brother Thomas, was, during the greatest portion of a long and valuable life, actively engaged in the military service of his country. In 1780, he entered the army as ensign in the first foot guards; and in 1782, was appointed aid-de-camp to the late Duke of Portland, then lord-lieutenant of Ireland. In 1785, he received a lieutenancy, with the rank of captain in his regiment; and in 1793, joined the army under the Duke of York at Tournay. In the action at Lincelles, Capt. Dowdeswell commanded a company, and was present at the sieges of Valenciennes and Dunkirk. In 1794, he succeeded to a company, with the rank of lieutenant-colonel; and in 1797, was appointed governor and commander-in-chief in the Bahama Islands, whence he returned to England in 1801. In 1797, he received the brevet of colonel; in 1798, a lieutenant-colonelcy in the 60th foot; and in 1803, was removed to the 80th. In 1802, Colonel Dowdeswell was appointed private secretary to Lieut.-Gen. Lord William Bentinek, then governor of Madras; in Sept. 1803, major-general; and in Oct. 1804, to the staff of the Bengal army, which he joined on the 31st of Dec. 1804, immediately taking command of one of the wings. In this situation he remained during the active operations then carrying on against the Mahratta chiefs beyond the frontiers of the British territories, and was present at the siege of Bhurtpore. In Oct. 1805, he was detached by Lord Lake in command of a separate division of the army, consisting of eight thousand men, to co-operate with his lordship in preventing the incursions of the enemy, and protecting that portion of the East India Company's territories called the Doab, and remained in the field until hostilities ceased. On the return of the army into cantonments, the general was appointed to the command of the station at Cawnpore and its dependencies. On Lord Lake's departure for England, in Feb. 1807, General Dowdeswell succeeded, by the appointment of the supreme government of Bengal, to the chief command of the troops in that province, in which he continued until compelled by ill health to return to England in Nov. 1808, when he received the thanks of the government in India for his conduct. In 1808, he obtained a lieutenant-colonelcy in the 60th foot; in 1810, he was promoted to the rank of lieutenant-general; and in 1821, to that of general; soon after which he retired from the army, among those officers who were specially allowed to retain their rank without receiving pay.

During the latter period of his life, General Dowdeswell usually resided at Pull Court, and was in the commission of the peace. After enduring great bodily affliction for many years, he expired on the 1st of Dec. 1828, in the 69th year of his age. His death was thus briefly recorded, in the Gloucester Journal, by a gentleman[491] who had frequent opportunities of witnessing the

 HISTORY OF TEWKESBURY.445

many amiable traits in his character: - "In his military capacity he had served his king and country with effect and reputation in various parts of the world; he was an useful and upright magistrate; an honest and faithful representative. In the intercourse of society he was distinguished by the urbanity of his manners and his readiness of access. Brave, without rashness; liberal, without profusion; hospitable, without ostentation; steady to his friendships; an indulgent and considerate landlord; and a kind and constant benefactor to the poor. Thus, as he lived esteemed and beloved by the good, so he died lamented by all who were acquainted with his character and real worth".

General Dowdeswell was a great encourager of literature; and at one period his library of books and prints was exceeded in value by few private collections. A portion of his library was sold by Mr. Evans, in Pall Mall, Jan. 10,1820, and four following days: among many scarce and curious articles was a copy of Gough's "British Topography", the two volumes of which were increased to no less than twenty-four, by the addition of upwards of four thousand views and portraits. The general's prints were soon afterwards sold, at the same place, being described as "the choice selections of the works of the most eminent engravers of all the schools, containing fine and rare specimens of each master, from the commencement of the art to nearly the present æra". His fine collection of Hollars formed a separate sale, in 1821, and alone produced upwards of £.500.[492] Another portion of his books was sold in London in 1828.

The Lincolnshire property, of which the general was in possession under the will of his cousin, William Pennyman, esq. has devolved to his eldest surviving brother, the Rev. Edward Christopher Dowdeswell, D.D., Canon of Christ Church, Oxford. In the Worcestershire and Gloucestershire estates he has been succeeded by his youngest brother, John Edmund, the present representative in parliament for the borough of Tewkesbury, and a master in chancery, who married Carolina Brietzeke, and has issue, William, John Christopher, and Catharine.

[446 blank]

Notes
[443] This list is nearly the same as that given by Leland in his Itinerary; the latter mentions an additional name, viz. Henry Wately, esq. killed and buried at Tewkesbury; but omits Lewis Myles, Leph. Feild, Mr. Gogh, Sir Thos. Tresham's clerk and Turnbull. - Hutton, in his Battle of Bosworth Field, names Sir Thomas Harvey among those slain in the field; and Sir William Grimesby among the beheaded. He also calls Sir William Car, Sir William Carey; Mr. Fielding, Sir William Fielding; and Mr. Harvey, Sir Nicholas Harvey.
[444] He was the second son of Edmund Beaufort, the first Duke of Somerset, who was slain at the battle of St. Alban's; and was brother of Henry, second duke, whom he succeeded, on his being beheaded after the battle of Hexham, 3 Edw. IV. 1463. At the battle of Barnet, this Edmund had the command of the archers, placed betwixt the right and left wing of the Lancastrian army; and upon the loss of the day, he flew into Wales, to the Earl of Pembroke, and raised new forces for the restoration of Henry. He joined Queen Margaret and her son on their landing at Weymouth, and steadily supported the house of Lancaster until its final overthrow at Tewkesbury. The Duke of Somerset died without issue, and was the last of the Beauforts. His eldest brother, Henry, left a natural son, by Joan Hill, who was called Charles Somerset; he was created Earl of Worcester by King Henry the eighth, and from him the present ducal family of Beaufort is descended.
[445] The third son of Edmund Beaufort, the first Duke of Somerset, and brother to Henry and Edmund, the second and third dukes.
[446] The father of this nobleman was Thomas Courtenay, Earl of Devonshire, the steady adherent of Henry the sixth. He was attainted for being at Towton Field, and at length nobly fell in the Lancastrian cause at Tewkesbury.
[447] Of Lord Wenlock's parentage, Dugdale says he could not find any thing. In 26 Hen. VI. he was knighted, and soon afterwards made constable of Bamburgh castle. At the battle of St. Alban's he was sorely wounded, and lent the king £.1033. 6s. 8d. He was made knight of the garter by Henry the sixth, and was attainted for siding with the Duke of York. He was with King Edward at Towton Field, and after the victory obtained a grant of the office of chief butler of England. In 1 Edw. IV. he was advanced to the dignity of a baron, and made a privy councillor. He subsequently took part with the Earl of Warwick against King Edward; and after the battle of Barnet, hastened to Queen Margaret at Beaulieu abbey. He left neither wife nor issue.
[448] Leland calls him Haudeley; and Hutton, Audley.
[449] Leland has Sir Edmund Havarde; and Hutton has Hampden.
[450] Wichingham, according to Leland.
[451] Leland calls him Sir John Leukenor.
[452] William Vaux, in the time of those great and sharp contests betwixt the houses of York and Lancaster, lost all for his adherence to King Henry the sixth; but at length Henry Earl of Richmond obtaining the crown, Sir Nicholas, his son and heir, had restitution thereof. - Dugdale.
[453] According to Leland and Hutton, Sir Gervais Clifton.
[454] He was of the ancient family of Gower, of Sittenham, Yorkshire, ancestors of the Marquis of Stafford.
[455] By Dugdale's Baronage, it appears, that Henry the seventh advanced Sir Edward Courtenay, son to Sir Hugh Courtenay, (probably the above Hugh), son of Hugh, younger brother to Edward late Earl of Devon, unto the title of Earl of Devon.
[456] The land in the Severn Ham, granted by these letters patent, (amounting to ninety-four acres, and let at £22. 3s. 4d. per annum), was afterwards sold by the bailiffs, burgesses and commonalty to Mr. Ferrers; and in the grant thereof is excepted to the said bailiffs, burgesses and commonalty, and their successors, such right of common in and upon the land so granted as they and the inhabitants of the said borough were entitled to therein; and an exception to the said bailiffs, burgesses and commonalty of the liberty to take such custom for the drift of cattle in the said Ham as had been theretofore taken.
[457] For a copy of this pardon, as well as for several other interesting documents, the editor is indebted to Mr. Samuel Tymms, of Westminster a gentleman of considerable antiquarian knowledge, and kindly communicative of his information.
[458] This and the seventeen following places are incorrectly stated to be in Gloucestershire: most of them are in Worcestershire.
[459] Mr. Copner having sickened and died of the small-pox, whilst at Tewkesbury, the contract, with the consent of his widow, was completed by Mr. John Ricketts, carver, of Gloucester, by whom the design of the altar-piece was originally made.
[460] Mr. Cole says, the arms of this family of Peyton are the same as those of the Peytons of Cambridge.- MS. Brit. Mus.
[461] The offices of town-clerk and deputy recorder of Tewkesbury were most honourably and satisfactorily filled by Mr. Fowke for thirty-two years; and no man was ever more generally respected in his life time, or more unfeignedly regretted at his death. As a spontaneous mark of respect, the shops of most of the principal tradesmen, and the dwelling-houses of many of the respectable inhabitants, were kept closed during the whole of the day on which his interment took place.
[462] Richard Alcock, esq. had been formerly a major in the Kilkenny militia, served the office of high sheriff, and was for thirty years a most active and useful magistrate for that county. When the French landed at Killala Bay, Aug. 22, 1798, Major Alcock fractured his leg, while in the performance of his duty; he was also taken prisoner, and detained until the invaders surrendered to the British forces, on the 7th of Sept. following. On his quitting Ireland, in 1805, he received the unanimous thanks of his brother magistrates, voted to him at the general quarter sessions, accompanied by an elegant gold snuff-box, with an appropriate inscription, expressive of their regret at his departure. He married Juliana, widow of Somerset Hamilton, first Earl of Carrick, and daughter of Henry, first Earl of Shannon. He resided, for many years previous to his death, at Tewkesbury, was a member of the body corporate, and twice served the office of bailiff of the borough.
[463] In English - "Leger de Parr lies here, God on his soul have mercy". Who this Leger de Parr was, or when he flourished, we have no information: Mr. Gough says, that the old English character began to prevail on tomb- stones in the middle of the fourteenth century, and it is therefore presumed that this stone is of a date somewhat prior.
[464] Sir Paul Tracy, of Stanway, was son and heir of Richard, who was the second son of William Tracy, esq. of Todington, to whom the manor of Stanway was given by King Henry the eighth, at the dissolution of the monastery of Tewkesbury. Sir Paul was high-sheriff of Gloucestershire, 11 James I. and built the present elegant mansion-house at Stanway: he married Anne, daughter of Sir Ralph Shakerley, and was succeeded by his son Sir Richard, who married Anne, daughter of Sir Thomas Coningsby, of Hampton Court, Herefordshire. Sir Humphrey Tracy, his son, succeeded to the estate; he was sequestered in the great rebellion, and paid £.1600 for composition. He died in 1651, without issue, as did also his brothers Sir Richard and Sir John, his successors, the last of whom left the manor of Stanway to Ferdinando Tracy, esq. second son to John, third Viscount Tracy. Ferdinando married the daughter of Sir Anthony Keck, by whom he had one son, John, who married Anne, daughter of Sir Robert Atkyns, lord chief baron of the exchequer. He died in 1735, and was succeeded by his eldest son Robert, at that time M.P. for Tewkesbury. Lady Elcho, the present proprietor of Stanway, is daughter of Anthony Keck Tracy, who was the youngest of the four sons of the above John Tracy.
[465] Robert and Thomas de Hankins, sons of Frederick de Hankins, of Mayon Castle, in Normandy, accompanied Duke William to England in 1066. The conqueror rewarded them for their services: he knighted Robert, and made him governor of the castle of Carlisle, in Cumberland, a place of great trust; he gave Thomas an estate near Whitehaven, in the same county, and honoured him with the above coat of arms, to be borne by him and his posterity.
[466] Some account of the Rev. Samuel Jones may be found in page 255.
[467] Although there is no lineal descendant of Shakspeare now living - his grand-daughter, the lady of Sir John Barnard, of Abingdon, near Northampton, being the last of the poet's family in the direct line - yet from Shakspeare's favourite sister Joan, who married William Hart, a hatter, of Stratford-upon-Avon, about 1599, has regularly descended the present family of the Harts of Tewkesbury. John Hart, who is described above as the sixth in descent from Shakspeare, left two sons, the eldest of whom, William Shakspeare Hart, an industrious chair-maker, is now residing in this town, and has a large family. Sir R. Phillips, (vide Monthly Magazine, Dec. 1817), thinks that a striking resemblance is discernible in the contour of Hart's countenance to the portrait of Shakspeare in the first folio edition of his works, which we have Ben Johnson's testimony for believing to be an authentic likeness. Ireland, in his Picturesque Views on the Avon, makes a similar observation with regard to John Hart's father: alluding to the bust of Shakspeare, in Stratford church, and its resemblance to the print above- mentioned, he says, that there was "in the countenance of the late Mr. Thomas Harte, the descendant of Shakspeare's sister, a strong similitude to the markings of this figure". Poor Hart has now no relic of " the Bard of Avon" - a long walking-stick, which was given to him by his grandfather, just before his death, and which had been much valued by the family in consequence of its having belonged to Shakspeare, he confided to the care of the late Editor of the Monthly Magazine, in 1817. Mrs. Kingsbury, of this town, (who is related to the family of the Harts), has in her possession a large earthen jug, with raised figures upon it, representing some of the personages in the heathen mythology, which is said to have been part of the property left by Shakspeare to his sister Joan. A neat silver top has recently been added to the jug, on which a head of the bard is engraved. Mrs. K. has likewise a metal pencil-case, supposed to have belonged to the immortal dramatist, on which an old-fashioned cipher WS. is engraved. Both these articles have unquestionably been long in the possession of the poet's descendants, and there is great probability for supposing them to have once been the property of Shakspeare himself.
[468] This sum is now increased to £.18, without any deduction.
[469] Three individuals of this noble family were high stewards of Tewkes- bury under former charters. Thomas, second Lord Coventry, eldest son of the Lord Keeper Coventry, was high steward until his death, which occurred in 1661. George, the third baron, was appointed his successor; and at the death of the latter, in 1680, John, the fourth Lord Coventry, was chosen to the same office.
[470] The death of Judge Tracy is thus recorded in the Gloucester Journal of Sept. 23d, 1735:- "At his seat in Gloucestershire, aged near fourscore, Robert Tracy, esq. who was made one of the justices of the court of common-pleas in the reign of King William, in which post he continued all the reign of Queen Anne and King George I. But on his present majesty's accession to the throne, his patent was not renewed. He was of a very ancient family in Gloucestershire, being descended by a second ventre from Robert Viscount Tracy, (son and heir of John the first Viscount), who represented the county of Gloucester in several parliaments in the life-time of his father; and was knighted by King James I. The judge married Anne, eldest daughter of William Dowdeswell, of Pull Court, in Worcestershire, esq. by whom he had three sons, Robert, Richard, and William, all of whom are dead; but the eldest son has left a son, who is in his minority, and heir to his grandfather. The judge had also two daughters; Anne, married first to Charles Dowdeswell, of Forthampton-Court, in Gloucestershire, esq. and is now the wife of Thomas Wylde, esq. who represented the city of Worcester in several parliaments, and is now one of the commissioners of the excise; and Dorothy, his youngest daughter, who is dead, married ------ Pratt, esq. son and heir of the Lord Chief Justice Pratt. Mr. Justice Tracy was a complete gentleman, and a good lawyer; of a clear head, and an honest heart; and was remarkable for delivering his opinion with that genteel affability and integrity, that even those that lost a cause were charmed with his behaviour; he was a true friend to his country, would never stoop to do mean and little offices, nor ever made himself a tool to a party; by which means he lived respected by all, and has died universally lamented".
[471] Wm. Dowdeswell, esq. was son of Dr. Dowdeswell, of Chaceley, and nephew to the Right Hon. Wm. Dowdeswell, chancellor of the exchequer.
[472] At the election of officers, in 1608, William Turberville and William Phelps, the old bailiffs, wishing to continue in office another year, absented themselves from the common council; but their project failed, for in consequence of their neglect, they were wholly expelled the body corporate.
[473] Although Mr. John Vicaridge repeatedly served the highest offices in the corporation, he was incapable of writing even his own name.
[474] In 1618, the junior bailiff sued the elder for misbehaviour in his office. The offence is not explicitly stated, but it appears to have been relative to the mustering of the townspeople when "a huge navy of Spaniards appeared".
[475] In 1619, on the death of John Cooke, who had retained the office of chamberlain of the borough by patent during his life, it was determined to elect one of the body corporate to that office annually, and Richard Bradford was accordingly sworn in chamberlain for that year only.
[476] In 1621, the bailiffs had for the first time the entire custody of the borough gaol.
[477] There were six principal burgesses and ten assistants elected in the year 1636, which was a greater number than was ever before admitted in so short a period. The fees were so considerable, that they were given to the poor, in December 1638.
[478] In the bye-laws of the corporation, made in 1638, it was agreed, that every person, on being elected a principal burgess, should give a good dinner to the principal burgesses, the assistants, and their wives, or forfeit £.6. 13s. 4d.; that, on the election of assistants, two of them, joining together, should give a dinner to the principal burgesses and assistants, without their wives, or forfeit five nobles; and that every person, on being elected and sworn low bailiff, should give a banquet to the principal burgesses and assistants, and their wives, or forfeit £.13. 6s. 8d. A former order made it imperative upon the high bailiff to give a feast.
[479] In 1639, the bailiff's and two senior justices were, for the first time, appointed deputy lieutenants for the town and parish of Tewkesbury.
[480] In 1649, Christopher Atkinson, one of the late bailiffs, who was attached to the commonwealth interest, and twenty-one other inhabitants, petitioned parliament against the proceedings of the common council, in nominating John Slicer and Richard Berrow to be bailiffs, both of whom the petitioners accused of being disaffected to the existing government; praying that Sir William Constable, the honourable governor of Gloucester, and Colonel Harrison, major-general of these parts, both members of the House of Commons, might be empowered to hear and examine the premises upon oath, with liberty to abridge the number of the common-council, and to reform and regulate the government of the borough, by displacing the disaffected, and placing others in their stead. The House ordered the petition to be referred to Sir William Constable, knight, governor of Gloucester, Robert Holmes, of Netherton, and Giles Hancock, of Cirencester, esqrs. justices of the peace for the county of Gloucester, to examine witnesses, and to report to the committee of the House, on the 2d of February: the complaint to be heard on the 13th of the same month, when all the parties were to attend. The bailiffs, justices, common council, and burgesses, petitioned that William Leigh, William Shepherd and Sylvanus Wood, esqrs. justices of the peace for the county, might be added to the other justices appointed, and with this request the House acquiesced. In Dec. 1649, two of the commissioners, Mr. Holmes and Mr. Hancock, came to Tewkesbury, and the whole matter was referred to four members of the parliament, viz. Alderman Pennington and Sir Henry Mildmay, named by the complainants, and Colonel John Venn and Mr. Luke Hodges, nominated by the defendants, to treat with all parties concerned touching the regulation of the corporation, and to consider of the liberties and privileges of the town, and the renewing of the charter, and a petition to parliament was accordingly prepared. The bailiffs and fifteen others of the common council then signed an appointment and authority to Thomas Bulstrode, esq. the recorder, and Richard Dowdeswell, gent, to attend their referees in parliament on all subjects relative to the borough. Nothing further however appears to have been done in the affair.
[481] It appears, by the following extract from a letter of Major-General Disbrowe to the Protector Cromwell, dated Jan. 7, 1655, that there were some considerable changes made in the body corporate in the course of this year:- "At Bristol, intimation was given me, by some honest people, that sundry of the aldermen and justices were enemies to the public interest, retaining their old malignant principles, discountenancing the godly, and upholding the loose and profane, which indeed is a disease predominating in most corporations". After detailing how he prevailed upon the mayor to induce the obnoxious members of the Bristol corporation to resign, and "make way for honester men", he thus proceeds: "There were also articles of delinquency proved against nine of the magistrates of Tewkesbury, and particularly against Hill their town-clerk: I have also dismissed them, and four of the common council of Gloucester, for adhering to the Scotch king's interest". - Thurloe's State Papers, vol. IV. p.396.
[482] At a chamber meeting, Nov. 23, 1660, it was ordered, in obedience to a letter from the lords of the privy council, that Mr. William Wilson, Mr. John Mann, Mr. Thomas Hale, Mr. John Selicer, Mr. Edward Jennings, Mr. Philip Hilley, and Mr. Edward Wilson, who were ejected by General Disbrowe's order, in 1655, should be restored to their places in the corporation.
[483] In Aug. 1662, by warrant of the commissioners appointed under the great seal, pursuant to the provisions of an act of parliament for regulating corporations, Philip Surman, John Carver, William Neast, William Croft, John Bach, Thomas Clarke, William Hatton, Thomas Jeynes, Robert Buggin, John Croft, Bartholomew Reade, Henry Symonds and Richard Yarrow, were removed from the common council; and Conway Whithorn, Thomas Nanfan, Thomas Jeynes, John Mann the younger, George Jeynes, Nicholas Steight, Richard Smithsend, Thomas Kings and Thomas Smithsend, were placed in their stead. Edward Wilson was made bailiff in place of Philip Surman; and Edward Jennings was made justice in lieu of John Carver. Richard Hill was removed from the office of town-clerk, and George Jeynes placed in his stead. At the investigation into the conduct of the parties, previously to their removal, Lord Herbert, the lord-lieutenant of the county, was present; and Richard Dowdeswell, esq. was one of the commissioners.
[484] 1675. - The common council ordered, that the bailiffs and bailiffs elect, with the chamberlain and town-clerk, should repair to Clifford Chambers, on the 1st of Nov. "and then and there lay claim to and make use of the privileges of hawking, hunting, fishing, fowling, &c. within the manor of Clifford Chambers aforesaid, appertaining to the bailiffs, burgesses and commonalty of this corporation"; and that the expense thereof should be defrayed out of the public stock, provided it did not exceed £.3.
[485] At the election of bailiffs, in 1680, Mr. Richard Cooke was chosen senior bailiff, but refused to serve, and was fined £.25. Mr. Robert Porter was then elected, and paid the same penalty to be excused. Mr. Thomas Hale also refused, on being chosen, and was fined; but he subsequently consented to accept the office.
[486] Major Nanfan and Mr. Philip Hilley, bailiffs, both died while in office. The Nanfans of Tewkesbury were a branch of the highly respectable family, of that name, which was for many generations settled at Birtsmorton.
[487] Mr. Hancock was mayor only a few months, having entered upon his office on the 8th of July, and his successor being elected in October.
[488] A clause, in James the second's charter, empowered the king in council to remove any of the officers of the corporation, and this power was frequently exercised. In Dec. 1687, pursuant to his majesty's mandate, Mr. Thomas Hitchman, Mr. Thomas Skey, Mr. William Millington, Mr. John Lane and Mr. Henry Collet, were elected and sworn of the common council; Mr. Thomas Hitchman was elected mayor, in the place of Mr. John Mann; Mr. Henry Collet was elected an alderman, and Mr. Thomas Symes, town-clerk, in the room of Mr. James Simpson; and Mr. William Millington was elected chamberlain, in the room of Mr. William Jennings. By virtue of another mandate, in a few weeks afterwards, Mr. Thomas Jeynes and Mr. Philip Surman were elected of the common council, and also aldermen and justices of the peace; and Mr. Thomas Clarke was elected one of the common council. - In obedience to another mandate, from the king, in the succeeding month, Mr. Henry Dobbins and Mr. William Pay were elected of the common council.
[489] In June 1688, Mr. Richard Teynton, of the Berrow, in the county of Worcester, was elected town-clerk and clerk of the peace of the borough of Tewkesbury, in the room of Mr. Thomas Symes, deceased, on condition that he paid £.10 per annum to the chamber, so long as he should continue in such offices. - In October following, by direction of the king's mandamus, Mr. Henry Fowler was elected town-clerk in the place of Mr. Richard Teynton. - In Feb. 1689, Mr. Richard Teynton, the lately deposed town-clerk, was again sworn into the same office, in the room of Mr. Henry Fowler. - In the ensuing July, Mr. Thomas Warkman was elected town-clerk in the room of Mr. Richard Teynton. - Mr. Hitchman resigned the office of mayor, in July 1689, and Mr. Thomas Jeynes was elected in his place for the remainder of the year.
[490] This Charles, in 1671, purchased the Forthampton estate from the Earl of Essex, which, on his death, became vested in his son Charles, who married Anne, his cousin, the daughter of Judge Tracy, and who, in the event of his dying without issue male, devised his estates to his brother Richard, charged with the payment of £.10,000 to his daughter Anne, who married Robert Wylde. Charles, the son, died in 1713, without leaving issue male, and in 1733 an act of parliament was passed to enable Richard to sell part of his estates, in order to pay off the portion to Anne. The Forthampton estate was sold, by Richard's son Charles, to Samuel Clarke, who sold it to Dr. Isaac Madox, bishop of Worcester, about 1750. The bishop's daughter and sole heiress carried it by marriage to the Hon. Dr. James Yorke, late bishop of Ely, whose son, Joseph Yorke, esq. is now proprietor of the estate, and lord of the manor of Forthampton.
[491] The Rev. Wm. Prosser, then Incumbent of Bushley
[492] Walpole's Catalogue of Engravings, by Dallaway.

OCR/transcript by Rosemary Lockie in October 2015.

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