On the north side of this tomb is the following inscription:—
Here lyeth the body of Sr.ThomasBrereton of Handforth Barronettwho married Theodosia, Daughterto the Right Honourable HumbleLord Ward and the Lady FrancesBarronesse Dudley, hee departedthis life the 7th of JanuaryAnno Dom: 1673Ætatis Suæ 43.
Here lyeth the body of Sr.ThomasBrereton of Handforth Barronettwho married Theodosia, Daughterto the Right Honourable HumbleLord Ward and the Lady FrancesBarronesse Dudley, hee departedthis life the 7th of JanuaryAnno Dom: 1673Ætatis Suæ 43.
On the dexter side of that inscription is a shield of the arms of Brereton, before described, with the badge of Baronetcy; the crescent gules, before mentioned, appears on the first bar in the arms, but there is not the cross crosslet (before adverted to, in noticing the arms at Handford Hall); and on the sinister side is a shield of the arms of Ward, “chequy, or and azure, a bend ermine.” The east and south sides of the monument are so close to the walls, that it is impossible to ascertain what they contain by way of inscriptions or heraldic devices; and the same remark applies to the west end, where the side of a pew completely precludes all examination. All the three effigies are said to be those of Breretons, and there does not seem to be any fair doubt of the fact. The tombs seem to have been removed to their present position, as it is scarcely probable that they were originally crowded close to each other, and to the walls, as they now are.
In the east window of the Handford Chapel is a mutilated shield of arms, in stained glass; the parts remaining are, as far as I could distinguish, as follows:—On the dexter side, on a chief azure, three bucks’ heads caboshed, or, for Stanley (the rest of the dexter side is so much injured that it cannot be distinguished); impaling the arms of a female, evidently one of the Handfords, of which only the following quarterings remain distinguishable,viz.: second, gules, a scythe argent, for Praers; fourth, sable, a star, with six or eight rays (it is not easy to distinguish the number), argent, for Handford; the crest is rather defaced, but seems to be an eagle’s head erased, holding in its beak an eagle’s leg and claws erased.
Ormerod describes the arms in the window, as the arms of “Stanley impaling Handford, on a chief engrailed azure, three bucks or; impaling Handford, first and fourth, sable, a star of six rays argent; second and third, gules, a scythe argent, Praers; crest, an eagle’s head erased or, holding in the mouth a claw gules.”[279a]It is probable that the stained glass (with the arms) was more perfect when Ormerod wrote, than at present; but he seems to have fallen into an error, in mentioning three “bucks” instead of “bucks’ heads” on the chief. On the dexter side of the arms is the inscription “Vanitas vanitatum.” The chapel has a carved oak screen or frame-work, enclosing it on the west and north sides, with some carving, not very dissimilar to lace-work, but much injured; with a cornice containing the before-mentioned rebus, of a brier and a tun, for Brereton, repeated thirteen times, with the initial letters V and B between each alternately, for “Urian” and “Brereton,” on the north side, but the rebus has been destroyed on the west side.[279b]At the bottom of the screen, on each of those sides, are panels, carved so as to resemble drapery, in upright folds, with two arrows showing themselves upon the drapery on one or two of the panels, and which probably may also have formerly appeared on some of the others.
On the north side of the church is the part called the Mosely Chapel, and sometimes called the Bamford Chapel, which hason the south and west sides a screen or frame-work of carved oak, of a plainer style, and apparently of an older date, than that of the Handford Chapel. It is much mutilated, and there are on it traces of an inscription, in the old characters, of which only a few letters are still visible and legible; but I was informed, by Mr. George Smith, the clerk, that the pulpit, which has been removed, and placed close to the screen, now conceals other imperfect portions of the inscription, which, however, he had previously carefully copied (a measure highly creditable to him), and that the imperfect portions which exist, are as follows:—“rginis — — artu milīmo — uīgētismo XXIX”; the latter being meant for the date—millesimo quingentesimo undetricesimo (1529).
The roof of the church is of oak, supported by elaborately carved oak beams, with cross rafters, also handsomely carved, and with bosses at the intersecting points of the rafters; in several places the etoiles or stars, similar to those mentioned in my account of Wilmslow Church, are also carved on the bosses. Some modern bosses have been recently introduced in the roof of the chancel, and of the side aisles, where the old ones had disappeared; they have been carved in good taste by Mr. Smith, in strict conformity with the remaining ancient ones; he is not only the clerk of the church, but also a mason, and the Gothic font, which was presented by him, and is now used in the church, is of his design and workmanship.
On the east window, which has been sadly altered for the worse, is a mutilated inscription, in stained glass (which may, however, have originally belonged to a much older window), with the date 1556.
The chancel is separated from the nave by a slight screen of carved oak, nearly denuded of all ornament, which seems to have been the lower part of the rood-loft, the upper portion having been long since destroyed.
On a grave-stone near the altar is a small brass plate, withthe arms of Bulkeley, three bulls’ heads couped, and the following inscription:—
“Hic jacet Humphridus Bulkeley Armiger, Filius et Hæres Richardi Bulkeley, Armigeri, et Katherinæ Uxoris, Filiæ Georgii Nedham de Thornset, in comitatu Derbiæ Armigeri; Richardus Filius fuit primogenitus Richardi Bulkeley, Militis de Beaumaris et Cheadle per uxorem priorem; Humphridus Bulkeley prædictus obiit octavo die Septembris, anno Domini, 1678.”
“Hic jacet Humphridus Bulkeley Armiger, Filius et Hæres Richardi Bulkeley, Armigeri, et Katherinæ Uxoris, Filiæ Georgii Nedham de Thornset, in comitatu Derbiæ Armigeri; Richardus Filius fuit primogenitus Richardi Bulkeley, Militis de Beaumaris et Cheadle per uxorem priorem; Humphridus Bulkeley prædictus obiit octavo die Septembris, anno Domini, 1678.”
From the style and appearance of the present east or altar window, it is very probable that it was made during some general alterations and repairs of the church in the seventeenth century—a supposition which receives some corroboration from the date, 1634, which has been put upon the church porch; and it presents us with another striking and lamentable proof of the ignorance of many of the persons to whom the repair of our churches has been intrusted, and of the debased and retrograde state of the science of church architecture which prevailed at one period:—an ugly square-looking window, with little cottage panes of glass, not unlike those often seen in country schools, is put in the place where, no doubt, there was formerly a handsome Gothic altar window.[281a]
The following is a copy of the Pedigree before mentioned:—
Pedigree. Honford of Honford
Letterfrom Richard Brooke, Esq., F.S.A., to Sir Henry Ellis, K.H., F.R.S., Secretary to the Society of Antiquaries of London, upon the office of Keeper of the Royal Menagerie in the Tower of London, in the reign of Edward IV.
“Liverpool, 17thNovember, 1849.“Dear Sir,—I have been recently much interested, in reading Mr. Collier’sAnnals of the Stage. My curiosity was excited, by the passage in vol. i. pp. 35 and 36, in which he gives in a note, a copy from theHarl. MSS., No. 433, of a warrant of 1st Richard III.,[283b]to John Brown, appointing him keeper of the King’s bears and apes; and Mr. Collier there slates, that if a keeper of those animals were known before the reign of Richard the Third, he is not aware of any earlier record of his existence, as a licensed court officer. On reading the passage, I felt astrong impression, that theRotuli Parliamentorumcontained proofs of the existence, at an earlier date than that reign, of an officer of a similar description, to the one alluded to by Mr. Collier. Although I have not succeeded in discovering, that any person is previously mentioned, as being the keeper, by royal authority, of bears and apes in England, I have discovered in the 5th vol. of theRotuli Parliamentorum, proofs in three different instances, in the reign of Edward IV.; one of which is as early as 1461, of the fact of a keeper (Ralph Hastings, Esq.), having been appointed, by letters patent of that King, to what would, in more modern times, be called the Royal Menagerie, in the Tower of London. Lions and lionesses are there mentioned, as being kept in the Tower, in all the three instances; and leopards are mentioned in the first of them. As Edward IV. only came to the throne on the 4th of March, 1461, and as the references to the grant of the office are worded in a commonplace manner, as if it were nothing extraordinary, it is only fair to presume, that the keeping of foreign animals in the Tower, and the appointment of an officer to have the custody of them, not only existed in the reign of Edward IV., but may have occurred at least as far back as the reign of Henry VI.“It is probable that the passages in theRotuli Parliamentorum, to which I have alluded, are well known to many of our Society, still there may be some who are not aware of them; and I am induced to subjoin extracts, and request them to be read before the Society, under the impression that all information of this nature is useful, as tending to give us an insight into the customs and habits of an age gone by.“I remain, dear Sir,“Yours faithfully,“Richard Brooke.“To Sir Henry Ellis, K.H., F.R.S.,Secretary to the Society of Antiquaries, &c. &c.”
“Liverpool, 17thNovember, 1849.
“Dear Sir,—I have been recently much interested, in reading Mr. Collier’sAnnals of the Stage. My curiosity was excited, by the passage in vol. i. pp. 35 and 36, in which he gives in a note, a copy from theHarl. MSS., No. 433, of a warrant of 1st Richard III.,[283b]to John Brown, appointing him keeper of the King’s bears and apes; and Mr. Collier there slates, that if a keeper of those animals were known before the reign of Richard the Third, he is not aware of any earlier record of his existence, as a licensed court officer. On reading the passage, I felt astrong impression, that theRotuli Parliamentorumcontained proofs of the existence, at an earlier date than that reign, of an officer of a similar description, to the one alluded to by Mr. Collier. Although I have not succeeded in discovering, that any person is previously mentioned, as being the keeper, by royal authority, of bears and apes in England, I have discovered in the 5th vol. of theRotuli Parliamentorum, proofs in three different instances, in the reign of Edward IV.; one of which is as early as 1461, of the fact of a keeper (Ralph Hastings, Esq.), having been appointed, by letters patent of that King, to what would, in more modern times, be called the Royal Menagerie, in the Tower of London. Lions and lionesses are there mentioned, as being kept in the Tower, in all the three instances; and leopards are mentioned in the first of them. As Edward IV. only came to the throne on the 4th of March, 1461, and as the references to the grant of the office are worded in a commonplace manner, as if it were nothing extraordinary, it is only fair to presume, that the keeping of foreign animals in the Tower, and the appointment of an officer to have the custody of them, not only existed in the reign of Edward IV., but may have occurred at least as far back as the reign of Henry VI.
“It is probable that the passages in theRotuli Parliamentorum, to which I have alluded, are well known to many of our Society, still there may be some who are not aware of them; and I am induced to subjoin extracts, and request them to be read before the Society, under the impression that all information of this nature is useful, as tending to give us an insight into the customs and habits of an age gone by.
“I remain, dear Sir,
“Yours faithfully,
“Richard Brooke.
“To Sir Henry Ellis, K.H., F.R.S.,Secretary to the Society of Antiquaries, &c. &c.”
Extract from the Act of Declaration of the Royal Title and of Resumption of 1st Edward IV.,A.D.1461.—Rot. Parl.vol. v. fo. 475:—
“Provided also, that this seid acte of assumpcion or resumpcion, extend not nor in any wise be prejudiciall unto Rauff Hastynges, Squier for oure body, of or in any graunte made unto hym by oure lrēs patentes, berying date theXXXday of Juyn the first yere of oure reigne, of the office of kepyng lyons, leonesses and leopardes, within our Toure of London that tyme beying, and of theym that within the same Toure for the tyme shal be, with a place for the Keper of such lyons, leonessez and leopardes there deputed, with another place there, which for the same lyons, leonessez and leopardes within oure seid Toure is ordeyned, with the wages of xiid.by day for hymself, and for sustentation of every lyon, leonessez and leopardes abovesaid vid.by day, duryng the lyf of the said Rauf. But that oure seid lrēs patentes stande good and effectuell after the contenue of the same; the seid acte or any other acte in this Parlement made or to be made notwithstonding.”
“Provided also, that this seid acte of assumpcion or resumpcion, extend not nor in any wise be prejudiciall unto Rauff Hastynges, Squier for oure body, of or in any graunte made unto hym by oure lrēs patentes, berying date theXXXday of Juyn the first yere of oure reigne, of the office of kepyng lyons, leonesses and leopardes, within our Toure of London that tyme beying, and of theym that within the same Toure for the tyme shal be, with a place for the Keper of such lyons, leonessez and leopardes there deputed, with another place there, which for the same lyons, leonessez and leopardes within oure seid Toure is ordeyned, with the wages of xiid.by day for hymself, and for sustentation of every lyon, leonessez and leopardes abovesaid vid.by day, duryng the lyf of the said Rauf. But that oure seid lrēs patentes stande good and effectuell after the contenue of the same; the seid acte or any other acte in this Parlement made or to be made notwithstonding.”
The Act of Resumption of 4th Edward IV.,A.D.1464 (Rot. Parl.vol. v. fo. 533), contains a very similar proviso and reservation of the office, in favour of the before-mentioned Ralph Hastings, except that it does not mention the leopards, and that the allowance is stated to be 16d.a day, instead of 1s., for fees for himself, besides what was also allowed for the keep of the lions and lionesses.
The following is an extract from the act:—
“of any graunte made by us to hym by any of oure lrēs patents of the office of kepying of lions and lionesses within our Toure of London; or of any graunte made by us to the said Rauff by oure lrēs patentes, of a place within the said Toure for kepying of the seid lions and lionesses there deputed, or of anoder place which for the seid lions and lionesses within the seid Toure is ordeyned, or of xvid.by the day, by us graunted to the said Rauff, for his fees and occupation of the seid office, or of vid.by the day by us graunted to hym, for the sustentation of every lion and lionesse.”
“of any graunte made by us to hym by any of oure lrēs patents of the office of kepying of lions and lionesses within our Toure of London; or of any graunte made by us to the said Rauff by oure lrēs patentes, of a place within the said Toure for kepying of the seid lions and lionesses there deputed, or of anoder place which for the seid lions and lionesses within the seid Toure is ordeyned, or of xvid.by the day, by us graunted to the said Rauff, for his fees and occupation of the seid office, or of vid.by the day by us graunted to hym, for the sustentation of every lion and lionesse.”
Perhaps the latter passage may be considered as elucidated, in some degree, by another passage, which occurs in the subsequent act of 7th and 8th Edward IV., as will be next noticed; and that 6d.a day was allowed for the keep of each lion, &c.: no trifling sum at that time.
The Act of Resumption of 7th and 8th Edward IV.A.D.1467 and 1468 (Rot. Parl.vol. v. fo. 598), also contains a proviso and reservation to the same effect as the last, respecting the grant of the office to Ralph Hastings; but mentions 1s.a day only, for his fees, besides a further allowance for the keep of the animals. It provides that the act should not prejudice the grant to Ralph Hastings, of the office—
“of kepying of lyons and lyonesses within oure Toure of London, or of any graunte made by us to the seid Rauf, by oure letters patentes, of a place within the said Toure, for kepying of the seid lions and lionesses there deputed, or of an other place whiche for the said lions and lionesses within the seid Toure is ordeyned, or of xiid.by the day by us graunted to the seid Rauf, for his fees and occupation of the said office, or of vid.by the day by us graunted to hym, for the sustentation of every lyon, and of every lyonesse vid.”
“of kepying of lyons and lyonesses within oure Toure of London, or of any graunte made by us to the seid Rauf, by oure letters patentes, of a place within the said Toure, for kepying of the seid lions and lionesses there deputed, or of an other place whiche for the said lions and lionesses within the seid Toure is ordeyned, or of xiid.by the day by us graunted to the seid Rauf, for his fees and occupation of the said office, or of vid.by the day by us graunted to hym, for the sustentation of every lyon, and of every lyonesse vid.”
“Cruel as death, and hungry as the grave!Burning for blood! bony and gaunt, and grim!Assembling wolves in raging troops descend;And pouring o’er the country, bear along,Keen as the north wind sweeps the glossy snow.All is their prize. They fasten on the steed,Press him to earth, and pierce his mighty heart,Nor can the bull his awful front defend,Or shake the murd’ring savages away.”Thomson’sWinter.
“Cruel as death, and hungry as the grave!Burning for blood! bony and gaunt, and grim!Assembling wolves in raging troops descend;And pouring o’er the country, bear along,Keen as the north wind sweeps the glossy snow.All is their prize. They fasten on the steed,Press him to earth, and pierce his mighty heart,Nor can the bull his awful front defend,Or shake the murd’ring savages away.”
Thomson’sWinter.
Severaldescriptions of wild animals were, at one period, inhabitants of Great Britain, which, with the increase of population and civilization, have become extinct, amongst which may be mentioned, the wolf, bear,[287b]and wild boar.[287c]We may, however,perhaps regret the extinction of other animals, which were not of a destructive kind; for example, the beaver[288a]is generally admitted by naturalists, to have been, and the roe deer certainly was, formerly, a native of England. The beaver is no longer to be found amongst us; and the roe deer is not now to be met with in any part of this country to the south of Scotland: the latter, however, remained wild in England and Wales, until the reign of King Henry VIII.[288b]The fox would probably have also disappeared ere now, if it had not been for his superior cunning, and his conducing to the sports of the field; the otter is become rather scarce; and the seal is now rarely found upon the coasts of England. The poor harmless badger, although still occasionally met with in some unenclosed or wild parts, has, notwithstanding his inoffensive and unobtrusive habits, been exterminated in several of the English counties, and is become rare in most of them.
The inquiries pursued in this paper will, however, be with reference to the wolf only.
It is admitted by all writers upon the natural history of the British Isles, that wolves once abounded in England, Wales, Scotland, and Ireland; and it is an interesting circumstance, that we know with tolerable exactness, something of the dates of their extinction in Scotland and Ireland. The last wolf that is known to have been wild in Scotland, was killed about the year 1680;[288c]and the last presentment for killing wolves in Ireland, was made in the county of Cork, about the year 1710.[288d]
It is remarkable, that when Buffon wrote in the last century, he or Daubenton, who assisted him, did not believe that wolves had become extinct in Great Britain. The following remarkable passage occurs in Button’sNatural History:—“Les Anglais pretendent en avoir purgé leur Isle, cependant on m’a assuré, qu ’il y en avait en Ecosse. Comme il y a peu de bois, dans la partie meridionale, de la Grand Bretagne, on a eu plus de facilité pour les detruire.”—Buffon’sNatural History, vol. vii. p. 50, title “Du Loup”; in which work Buffon was assisted by Daubenton, the naturalist. As Buffon was born in 1707, and Daubenton in 1716, it is quite possible that one or both of them, received the information upon that point, from some person, who had lived in Scotland, before the extinction of wolves in that country; and, consequently, it might easily be believed by either of them, that wolves were to be found there, at the time when that passage was written.
Holinshed wrote hisChroniclesin the reign of Queen Elizabeth; and he mentions, that wolves then abounded in Scotland:—
“First of all therefore in the fields and wild places of the country, there is great plenty of hares, red deere, fallow deere, roes, wild horsses, wolves and foxes.”* * *“The wolves are most fierce and noisome to the heards and flocks, in all parts of Scotland, saving in one parcell of Angus, called Glennorsdale, where these beasts doo no manner of hurt unto the domesticall catell, but preie onlie upon the wild.”—Holinshed’sChronicles,Description of Scotland, vol. ii. p. 14.
“First of all therefore in the fields and wild places of the country, there is great plenty of hares, red deere, fallow deere, roes, wild horsses, wolves and foxes.”
* * *
“The wolves are most fierce and noisome to the heards and flocks, in all parts of Scotland, saving in one parcell of Angus, called Glennorsdale, where these beasts doo no manner of hurt unto the domesticall catell, but preie onlie upon the wild.”—Holinshed’sChronicles,Description of Scotland, vol. ii. p. 14.
We also know from Camden, who likewise wrote in the reign of Queen Elizabeth, that at the time when he wrote, wolves were very common in Scotland.[289]He also informs us in another place, that Scotland was “grievously infested with fierce wolves, whichnot only make dreadful havoc of cattle, but even fall upon men, with such inveteracy and mischief, not only in this but in many other parts of Scotland, that by act of Parliament, the sheriffs and inhabitants in every county, are obliged to go out three times a year, to destroy the wolves and their young ones.”[290a]
We also learn from Camden, that at that time, Ireland swarmed with wolves.[290b]
Although it appears to be known with some degree of certainty, about what period they ceased to exist in Scotland and Ireland, there is a great difficulty in ascertaining, at what date they became extinct in England; and in consequence of its greater population, its not having many mountainous and wild districts, and, as suggested in Buffon’s work, its not having extensive woods, it is certain, that wolves would be much sooner exterminated in England, than in Scotland or Ireland.
At the time of the Anglo-Saxon sway, wolves abounded in great numbers in England; and in the tenth century, in the reign of Athelstan, a place of retreat was erected at Flixton, in Yorkshire, in order to protect travellers from being devoured by wolves.[290c]
It has been said, that in the reign of Edgar, also in the tenth century, an annual tribute was imposed upon the Welsh princes, of three hundred wolves’ heads, in order to effect their destruction. If that be true, it is only reasonable to suppose, that considerable numbers would be destroyed, by the adoption of that expedient; but it is strange that some authors, copying from one another, and without giving themselves the trouble of searching into authorities, have stated, that the extinction of wolves in England and Wales was caused by it. Nothing can be further from the truth, as will be presently shown. Mr. Hume, in hisHistory of England, indeed, even goes far beyond other writers, in his unqualified assertions on that subject, without anyproof; and shows, as is too often the case in his work, his ignorance of the authorities relative to it; and he has not adduced, and in fact he seems to have been unable to adduce, any authority for making the following assertion, viz.:—“Another remarkable incident of this [Edgar’s] reign, was the extirpation of wolves from England. This advantage was attained by the industrious policy of Edgar. He took great pains in hunting and pursuing those ravenous animals; and when he found that all that escaped him had taken shelter in the mountains and forests of Wales, he changed the tribute of money imposed on the Welsh princes by Athelstan his predecessor, into an annual tribute of three hundred heads of wolves; which produced such diligence in hunting them, that the animal has been no more seen in this island.”[291a]It is surprising that Mr. Hume should have ventured to make an assertion so easily refuted; and it is remarkable, that hisHistory of Englandshould find a prominent place in so many libraries, when it is now admitted, that its author is very frequently incorrect as a historian, and that the statements in it, when he omits, as he often does, to quote authorities, cannot be relied on. That work has never been regularly reviewed, which ought even yet to be done. Lord Brougham, in hisLives of Men of Letters and Science, who flourished in the time of George III., very properly exposes the faults and incorrectness of Mr. Hume’sHistory of England, thus:—
“There is continual proof, that he took what he found set down in former works, without weighing the relative value of conflicting authorities, and generally resorted to the most accessible sources of information. There have been instances without number, adduced of his inaccuracy in citing even the authorities to which he confined his researches.“Nor can we acquit him on another charge, not rarely brought against him, and partaking of the two former: neglect or carelessness about the truth, and infidelity in relating it.”[291b]
“There is continual proof, that he took what he found set down in former works, without weighing the relative value of conflicting authorities, and generally resorted to the most accessible sources of information. There have been instances without number, adduced of his inaccuracy in citing even the authorities to which he confined his researches.
“Nor can we acquit him on another charge, not rarely brought against him, and partaking of the two former: neglect or carelessness about the truth, and infidelity in relating it.”[291b]
The Abbey of Fors, in Wensleydale, in Yorkshire, was founded in the year 1145, which is nearly two centuries after the reign of Edgar; and some time afterwards, Alan Earl of Bretagne, gave to the monks of that abbey the privilege of taking, by themselves or their servants, the remains of the deer which had been killed and partly devoured by the wolves, in the forest of Wensleydale.[292a]
In the 10th year of the reign of William I. (1075), Robert de Hurfravill, lord of Tours and Vian, otherwise called Robert with the Beard, being a kinsman to the King, obtained from him a grant of the lordship, valley, and forest of Riddesdale, in the county of Northumberland, with all the castles, manors, lands, woods, pastures, waters, pools, and royal franchises, which were formerly possessed by Mildred, the son of Akman, late lord of Riddesdale, and which came to that king upon his conquest of England, to hold, by the service of defending that part of the country, for ever, from enemies, and wolves.[292b]
In the 1st year of King John (1199), he granted to William Briwere, a license, “to hunt the hare, fox, cat, and wolf, throughout all Devonshire; and likewise the goat out of the regard [sight] of the forest; and to have free warren throughout all his own lands, for hares, pheasants, and partridges.”[292c]
In the 9th year of Edward I. (1281), wolves existed in such numbers in several parts of England, that a royal commission was issued by him, to Peter Corbet, for the destruction, by means of men, dogs, and engines, of wolves, in all forests, parks, and other places, in Gloucestershire, Worcestershire, Herefordshire, Shropshire, and Staffordshire; and all bailiffs, &c., werecommanded to be aiding and assisting Peter Corbet, in the destruction of wolves in those counties.
The commission is alluded to by Bingley, the Naturalist; but it is remarkable that he has altogether omitted to give the date or any reference, where an account of it was to be found. Dr. Whitaker does not notice it, although he more than once, in hisHistory of Craven, adverts to the existence of wolves in England after the reign of Edgar. As the mandate is a curiosity, it is given here precisely as it appears in theFædera.—
A.D.1281.An: 9Edwd.I. Pat. 9 Edw. I. m 20 inTurr:Lond:“Rex omnibus Ballivis etc: Sciatis quod injunximus dilecto & fideli nostro Petro Corbet, quod in omnibus forestis, & parcis, & aliis locis, infra comitatus nostros Gloucestr’ Wygorn’ Hereford’ Salop’ et Stafford’ in quibus lupi poterunt inveniri, lupos, cum hominibus, canibus & ingeniis suis, capiat, & destruat, modis omnibus quibus viderit expedire.“Et ideo vobis mandamus quod eidem Petro in omnibus, quæ ad captionem luporum in comitatibus prædictis, pertinet, intendentes sitis & auxiliantes, quotiens opus fuerit, & prædictus Petrus vobis scire faciet ex parte nostra.“In cujus &c. duratur’ quamdin nobis placuerit. Teste Rege apud Westm’ decimo quarto die Maii.”[293](TRANSLATION.)The King, to all bailiffs, &c. Know ye, that we have enjoined our dear and faithful Peter Corbet, that in all forests, parks, and other places, within our counties of Gloucester, Worcester, Hereford, Salop, and Stafford, in which wolves may be found, that he take and destroy wolves, with his men, dogs, and engines, in all ways, in which it shall seem expedient; and we command you therefore that you be aiding and assisting the said Peter, in all things that relate to the capture of wolves, in the aforesaid counties, as often as occasion may require, and the said Peter may make known to you on our part.In witness, &c., so long as it shall be our pleasure. Witness the King, at Westminster, the 14th day of May.
A.D.1281.An: 9Edwd.I. Pat. 9 Edw. I. m 20 inTurr:Lond:
“Rex omnibus Ballivis etc: Sciatis quod injunximus dilecto & fideli nostro Petro Corbet, quod in omnibus forestis, & parcis, & aliis locis, infra comitatus nostros Gloucestr’ Wygorn’ Hereford’ Salop’ et Stafford’ in quibus lupi poterunt inveniri, lupos, cum hominibus, canibus & ingeniis suis, capiat, & destruat, modis omnibus quibus viderit expedire.
“Et ideo vobis mandamus quod eidem Petro in omnibus, quæ ad captionem luporum in comitatibus prædictis, pertinet, intendentes sitis & auxiliantes, quotiens opus fuerit, & prædictus Petrus vobis scire faciet ex parte nostra.
“In cujus &c. duratur’ quamdin nobis placuerit. Teste Rege apud Westm’ decimo quarto die Maii.”[293]
(TRANSLATION.)
The King, to all bailiffs, &c. Know ye, that we have enjoined our dear and faithful Peter Corbet, that in all forests, parks, and other places, within our counties of Gloucester, Worcester, Hereford, Salop, and Stafford, in which wolves may be found, that he take and destroy wolves, with his men, dogs, and engines, in all ways, in which it shall seem expedient; and we command you therefore that you be aiding and assisting the said Peter, in all things that relate to the capture of wolves, in the aforesaid counties, as often as occasion may require, and the said Peter may make known to you on our part.
In witness, &c., so long as it shall be our pleasure. Witness the King, at Westminster, the 14th day of May.
Enough has now been stated, for the purpose of showing that it was an idle tale to assert that the extinction of these animals occurred in the reign of Edgar. Evidence has been already adduced to show that they existed here, in a wild state, a considerable period after the Conquest; but it is the intention of the author of this paper to go much further, and some proofs will be brought forward of their being in existence for centuries after that event; and some conjectures will be hazarded, respecting the probable period of their final extinction in England.
In the 25th year of Edward I. (1296), John de Engaine, Lord of Blatherwic, died, seized of lands in Pightesse, or Pytesse, in Northamptonshire, found to be held of the King, by service of hunting the wolf, fox, and badger.[294a]
In the reign of Edward II. (1820), John le Wolfhunt, or Wolfhurt, son and heir of John le Wolfhunt, or Wolfhurt, held lands at Wormhill, in Derbyshire, by the service of chasing and taking all wolves that might come into the King’s Forest of the Peak, in that county.[294b]
In the 11th year of Edward III. (1336), John Lord Roos, of Hamlake, had a charter granted to him, by the King, of free warren in lands in Nottinghamshire and Oxfordshire, and also to hunt the fox, wolf, hare, and cat, throughout the King’s forest of Nottinghamshire.[294c]
In the 33rd year of Edward III. (1358), Vitalis Engaine died, seized of part of the lordships of Laxton and Pichesse, in Northamptonshire, held by petit serjeanty, to hunt the wolf whensoever the King should command.[294d]
In the 41st year of Edward III. (1366), Thomas de Engaine, Lord of Blatherwic, died, seized of lands, meadows, and rent, in Pightesse, in Northamptonshire, held by the service of “finding,at his own proper costs, certain dogs, for the destruction of wolves, foxes, martrons [marten cats], cats [wild cats], and other vermine,” within the counties of Northampton, Rutland, Oxford, Essex, and Buckingham.[295a]
Of course it is not pretended, that upon the deaths of any of the before-mentioned personages, who died seized of lands, held by the tenure of hunting or destroying wolves, such a tenure is conclusive evidence that those animals existed at the times of the deaths of those personages respectively, because it may have happened that the lands may have descended from father to son, several times, after the dates of the original royal grants or charters creating such tenures; still, even in that case, enough has been shown to prove that they were not extinct until centuries after the time of King Edgar. Besides which, it must not be forgotten, that the charter before mentioned, of the 11th year of Edward III. (1836), to John Lord Roos, of Hamlake, then gave him a license to hunt the wolf in the King’s Forest of Nottinghamshire, &c., which would have been useless if there had not then been any such animal to hunt. We therefore have some evidence that wolves existed in England in the fourteenth century; but it is very probable that they had been destroyed in the more populous and cultivated counties, although for more than a century longer they might continue to be occasionally met with, in the wild and thinly peopled parts of England, especially in the northern counties.
In the fifteenth century they probably became scarce.
In the 14th year of Edward IV. (1474), that monarch invaded France, and negotiations for a truce were commenced between Louis XI. and Edward, and we learn, from Baker’sChronicles, that King Louis then presented Edward with the handsomest horse which Louis had in his stable, and an ass, and also “a wolf and a wild boar, beasts at that time rare in England.”[295b]Those are the exact words of Baker, and are very interesting, and, with reference to the objects of this paper, very valuable. It will be remarked, that he does not state or insinuate that wolves had been exterminated, or had ceased to exist in England, but merely that they had then become rare. We therefore have got so far towards the latter part of the fifteenth century, and appear not yet to have reached the period of their extinction. I have read somewhere, that it is traditionally stated that they were to be found either in the Forest of Dean or in the Forest of Dartmoor, as late as in the time of Queen Elizabeth; but unfortunately I omitted to take a note of the publication in which it was mentioned; and, although I have since devoted some time in endeavouring to discover it, I have not yet succeeded.
Shakespeare wrote in the reign of Queen Elizabeth; and his allusion to England, and also to wolves, is worthy of notice, as showing his impression of their having at one period abounded in England, viz.:—
“O, thou wilt be a wilderness again,Peopled with wolves, thy old inhabitants.”Shakespeare’sHenry IV.2nd part, act 4, sc. 4.
“O, thou wilt be a wilderness again,Peopled with wolves, thy old inhabitants.”
Shakespeare’sHenry IV.2nd part, act 4, sc. 4.
Some passages in a very learned and celebrated work—theInstitutes of the Law of England—by Sir Edward Coke (afterwards Lord Chief Justice of England, from that circumstance often called Lord Coke), who was a lawyer of great talents, in the reign of Queen Elizabeth, will perhaps excite surprise, and are very important with reference to the subject of this inquiry.
He was born in 1551; was made Solicitor General by Queen Elizabeth in 1592, and Attorney General in 1594. He was appointed Chief Justice of the Court of Common Pleas by James I. in 1606, and Lord Chief Justice of the Court of King’s Bench in 1613. His celebrated works—theCommentary upon Sir Thomas Littleton’s Treatise, andthe Institutes of the Laws of England—required vast time and labour; and it is almost incredible that they could have been written after he became a judge; and consequently, it may be admitted, as is generally believed, that they were written whilst he was at the bar, and in the reign of Elizabeth.
It is well known that the precincts of the forests in England had courts of their own, and were governed by different laws from the rest of England; and of course, in treating upon the laws of this country, so learned and so accurate a writer, as Coke is admitted to have been, could not avoid noticing them. In the part of hisInstitutesupon the Forest Courts, he describes the jurisdiction and functions of those tribunals, and the animals to be met with in the forests of England; and, in the quaint and peculiar language incident to writers of the time of Queen Elizabeth, he proceeds to mention the beasts of chase and of the forest. The following are extracts from his work upon that subject:—
“There be many beasts of the forest by the laws of the forests of England. The hart in summer, the hinde in winter, and all that proceed as of them: the buck in summer, the doe in winter, and the proceed of them; the hare, male and female, and their proceed; the wild boar, male and female, and their proceed; and the wolf, male and female, and their proceed; the fox, male and female, and their proceed; the martin, male and female; capreolus the roe, as it appeareth before, is no beast of the forest, but it is a beast of chase.”“The proceads of the hare, the first year a leveret, the second a hare, the third a great hare. Of a wilde boar: a pig, a hogge, a hog-stear, a boar, and after a sanglier.”“No beast of the forest that issolivagum et nocivum, is venison, as the fox, the wolf, the martin, because they be no meat, butcaro eorum est nociva.”“So as the red deer, the fallow deer, the wilde boar, and the hare, are venison. Whereupon these two conclusions in the law of the forest do follow: first, whatsoever beast of the forest is for the food of man is venison, and therewith agreeth Virgil, describing a feast:—“‘Implentur veteris bacchi pinguisq: ferinæ.’”[297]
“There be many beasts of the forest by the laws of the forests of England. The hart in summer, the hinde in winter, and all that proceed as of them: the buck in summer, the doe in winter, and the proceed of them; the hare, male and female, and their proceed; the wild boar, male and female, and their proceed; and the wolf, male and female, and their proceed; the fox, male and female, and their proceed; the martin, male and female; capreolus the roe, as it appeareth before, is no beast of the forest, but it is a beast of chase.”
“The proceads of the hare, the first year a leveret, the second a hare, the third a great hare. Of a wilde boar: a pig, a hogge, a hog-stear, a boar, and after a sanglier.”
“No beast of the forest that issolivagum et nocivum, is venison, as the fox, the wolf, the martin, because they be no meat, butcaro eorum est nociva.”
“So as the red deer, the fallow deer, the wilde boar, and the hare, are venison. Whereupon these two conclusions in the law of the forest do follow: first, whatsoever beast of the forest is for the food of man is venison, and therewith agreeth Virgil, describing a feast:—
“‘Implentur veteris bacchi pinguisq: ferinæ.’”[297]
It is to be presumed, that a writer, whose works are so accurateas Coke’s are admitted to be, would not have stated that the wolf was an animal of chase in England, at the time when he wrote, in the sixteenth century, in the reign of Elizabeth, if it had then been extinct; and it must be borne in mind, that he has used the present tense in writing of it; which it is not likely that he would have done, if he had intended to write respecting an animal which had formerly been a beast of chase, but which had ceased to exist in England. We have, therefore, got to the point, that the wolf may fairly be believed not to have become extinct in England until at least some time in, or perhaps soon after, the reign of Elizabeth. I am, however, far from contending that it then existed in the southern or midland counties. On the contrary, it appears probable, that when Coke wrote, it had become extinct in all parts of England, except in some few of the most northern counties, of which two are contiguous to Scotland. In the southern parts, it may perhaps be presumed to have ceased to exist about, or soon after, the period of the accession of the Tudors to the throne; and it will be borne in mind that only seventy-three years elapsed between the accession of the first of that family, Henry VII. in 1485, and that of Elizabeth, who was the last of them, in 1558; and that no very extraordinary change took place in the cultivation or population of England, during that period. As we have the clear evidence of writers of such authenticity as Holinshed and Camden, that in the time of Elizabeth, all parts of Scotland abounded with wolves, and as there was nothing to prevent those animals from rambling across the Border, either in search of prey, or for bringing forth their young, or in consequence of any other natural instinct, it would be impossible, at that time, with a scanty population, and with the desolation incident to the unsettled state of the Borders, to keep the northern counties of England always free from them, and to prevent their breeding there.[298]Those parts ofEngland were exposed to the incursions of Borderers and freebooters from Scotland, whose lawless and dangerous habits were almost as intolerable to their own countrymen as to the English, and who principally subsisted by pillage, and rendered life and property insecure, and, as a natural consequence, those parts were very thinly inhabited. Many very large districts in the northern counties consisted of wild wastes, forests, hills, woody valleys, and swamps, with a very scanty and semi-barbarous population: disadvantages which militated very much against the early extermination of savage animals. A change for the better, however, took place in the population, the civilization, and the appearance of the country, about the close of the reign of Elizabeth. I, however, am not aware that any English writer, since the time of Coke, has given us any reason to suppose that wolves were to be found in England after the termination of her reign. We can scarcely suppose that Coke was incorrect in mentioning wolves as beasts of chase in England at the time when he wrote; it seems, however, only reasonable to believe, under all the circumstances, that they were at that time extinct in all the southern parts; but that a few then remained in their fastnesses and retreats in forests, hills, and wild districts, in some of the northern counties of England, and especially in the parts adjacent to Scotland, and furnished employment and sport to the hunters, and that, with the increase of population and cultivation, the clearing away of woods and forests, and the more general use of firearms, they at last became extinct in the northern counties, about the commencement of the seventeenth century, which was near the period of the close of the reign of Elizabeth.
Extract from the Act of Attainder of the 1st Edward IV., passed against the Lancastrians who had taken part in the second Battle of St. Alban’s, the Battle of Wakefield, and the Battle of Towton.—Rot. Parl.1 Edward IV. (A.D.1461), vol. v. p. 476, 477, and 478.
“Forasmoche as Henry, late Kyng Henry the sixt, ayenst the honoure and trouth that owe to be stablisshed in every Christien Prynce, dissimilyng with the right noble and famous Prynce Richard Duc of York, to whome it lyked at the grete and speciall instaunce of the same Henry, and of the Lordes Spuelx and Temporelx, and Commyns of the Reame of Englond, solempnely to hym made, and for the tender and naturall zele and affection that he bare unto the commyn wele, good pollitique, and restful governaunce therof, to take his viage from the Cite of London, toward the North parties of the seid Reame, to represse, subdue and resist the unleefull and inordynat commotion and riotte there bigonne, to the subversion of the seid Cõen wele, politique and restfull governaunce: Natheles procured, stered and excited, ayenst his promisse, and the forme of the Convention and Concorde made bitwene hem of and uppon the right and title of the seid Coroune, roiall power, dignite, estate, preemynence and possession of the seid Reame, the murdre of the same Duc. And where the seid Henry Usurpour, dissimilyng the destruction of other lordes and persones of the same reame, by his writts, called to assist hym to attend uppon his persone, to resiste and represse another commocion of people, by his assent and wille gadered, and waged not oonly in the North parties, but also oute of Scotlond, commyng from the same parties with Margarete late called Quene of Englond, and hir son Edward, late called Prynce of Wales, extendyng to the extreme destruction of the seid Reame, namely of the South parties therof,wherof experience sheweth the clerenes, respect had to the spoile by theym of Godds chirch, of Chalesses, Crosses of sylver, Boxes for the Sacrament, and other onourments longyng therunto, of defoulyng and ravisshing religious wymmen, wedowes and maydens, of unmanly and abhomynable entretyng of wymmen beyng in the naturall labour and bataille of travailyng of child, by the moyne therof piteously disperaged, Heven sorowyng the lost therby of the Soules that shuld have been of the felauship of Cristendom and of the blisse of Heven, not abhorryng of unmanly, unnaturall and beestly cruelte to drawe wymmen beyng in childebedde from their bedds naked, and to spoile hem of all her goods, a piteous desolacion. The same Henry, actour, factour and provoker of the seid commocion, and assentyng of covyne with the seid Margarete, Henry Duc of Somerset, and Henry late Erle of Northumberlond, in a battaille to be shewed unto hym, and offered of fraudulent dissimilacion, in a feld beside the toune of Seint Albones, theXVIIday of Feverer last past, not joynyng his persone and blode to the defence, tuition and salvacion of the same Lordes and persones commen to assist hym by his auctorite and commaundement, lyke a victorious and a noble captayne, but lyke a disseyvable coward, ayenst princely and knyghtly duetee, sodenly, privately and shamefully refused theym, sufferyng and procuryng to disseivably th’effucion of their blode, and horrible murdre and deth, not havyng therof sorowe, pitee or compassion; adheryng to the seid Margaret, and to the seid Duc of Somerset, and other Lordes and persones that committed the seid orrible and cruell murdre of the seid Duc of York, and of the Erles of Rutlond and Salesbury, and also of the seid people, in the seid felde beside the seid toune of Seint Albones, yevyng therfor to the seid Duc and other assistyng theym therin, a speciall laude and thank; from thensforth appliyng to theym and to their outrageous and unlawfull riotts and misgovernaunce; after that sufferying wilfully thoo worthy and good Knyghtes, William Lord Bonvile, and Sir Thomas Kiryell, for the prowesse of knyghthode approved in their persones called to the order of the Garter, and William Gower Squier, the Berer of oon of his Baners, whom to he made feith and assurans under Kynges word, proeedyng from his mouth, to kepe and defend theym there from all hurt, joupardie and perell, to be murdred, and after that tyrannyously heded, with grete violence, withoute processe of lawe or any pitee, contrary to his seid feith and promysse, abhomynable in the heryng of all Christen Prynces.For asmoch also as Henry Duc of Somerset, purposyng, ymaginyng and compassyng, of extreme and insaciate malice and violence, to destroy the right noble and famous Prynce of wurthy memorie, Richard late Duc of York, fader to oure Liege and Soverayne Lord Kyng Edward the fourth, and in his lyf verrey Kyng in right of the reame of Englond, singuler protectour lover and defensour of the good governaunce, pollicie, commyn wele, peas and tranquillite therof; and also Thomas Courteney late Erle of Devonshire, Henry Erle of Northumberlond, Thomas Lord Roos, John late Lord Nevill, John Whelpdale late of Lychefeld, Clerk, Philip Lowes late of Thouresby in the counte of Lincoln Clerk, Bawdewyn Fulforth Knyght, Alexander Hody Knyght, Nicholas Latymer Knyght, James Loterell Knyght, Edmund Mountford Knyght, Thomas Fyndern Knyght, Henry Lewes Knyght, John Heron of the Forde Knyght, Richard Tunstall Knyght, Henry Belyngeham Knyght, Robert Whityngham Knyght, William Grymmesby late of London late Squier, Thomas Tunstall late of Thurland in the shire of Lancastr’ Squier, Symond Hammes Knyght, Thomas Dalton late of Lilbourne in the counte of Northumberlond Gentilman, James Dalton late of the same Gentilman, George Dalton late of the same Gentilman, John Clapam late of Skipton in Craven in Yorkshire Yoman, Andrew Trollop late of Guysnes Squier, Antony Notehill Knyght, John Botiller late of Howke in the counte of Dorset Squier, Gawen Lampleugh late of Warkeworth in the shire of Northumberlond Gentilman, Edmund Fyssh late of York Taylleour, Thomas Frysell late of the same Smyth, John Smothyng late of the same Yoman, John Caterall late of Brayton in the counte of York Gentilman, Thomas Barton late of Helmesley in the counte of York Gentilman, William Fyppes late of Sonthduffeld in the counte of York Yoman, Henry Clyff th’ elder late of Lokyngton in the counte of York Yoman, Robert Tomlynson late of Helagh in the counte of York Yoman, and Thomas Barton late of York Mason; at Wakefeld in the shire of York, on Tywesday the xxx day of Decembr’ last past, with grete despite and cruell violence, horrible and unmanly tyrannye, murdred the seid right noble Prynce Duc of York. And where also Henry Duc of Excestr’, Henry Duc of Somerset, Thomas Courteney late Erle of Devonshire, Henry late Erle of Northumberlond, William Vicecount Beaumont, Thomas Lord Roos, John late Lord Clyfford, Leo late Lord Welles, John late Lord Nevill, Thomas Gray Knyght Lord Rugemond Gray, Randolf late Lord Dacre, Humfrey DacreKnyght, John Morton late Person of Blokesworth in the shire of Dorset Clerk, Rauff Makerell late Person of Ryseby in the shire of Suff’ Clerk, Thomas Mannyng late of New Wyndesore in Berkshire Clerk, John Whelpdale late of Lychefeld in the counte of Stafford Clerk, John Nayler late of London Squier, John Preston late Wakefield in the shire of York Preest, Philip Wentworth Knyght, John Fortescu Knyght, William Tailboys Knyght, Edmund Mountford Knyght, Thomas Tresham Knyght, William Vaux Knyght, Edmund Hampden Knyght, Thomas Fyndern Knyght, John Courteney Knyght, Henry Lewes Knyght, Nicholas Latymer, Knyght, Waltier Nuthill late of Ryston in Holdernes in the shire of York Squier, John Heron of the Forde Knyght, Richard Tunstall Knyght, Henry Belyngeham Knyght, Robert Whityngham Knyght, John Ormond otherwise called John Botillier Knyght, William Mille Knyght, Symonde Hammes Knyght, William Holand Knyght called the Bastard of Excestr’, William Josep’ late of London Squier, Everard Dykby late of Stokedry in the shire of Ruthlond Squier, John Myrfyn late of Suthwerk in the shire of Surr’ Squier, Thomas Philip late of Dertyngton in Devonshire Squier, Thomas Brampton late of Guysnes Squier, Giles Seyntlowe late of London Squier, Thomas Claymond, the seid Thomas Tunstall Squier, Thomas Crawford late of Caleys Squier, John Aldeley late of Guysnes Squyer, John Lenche of Wyche in the shire of Worcestre Squier, Thomas Ormond otherwise called Thomas Botillier Knyght, Robert Bellyngeham late of Burnalshede in the shire of Westmerlond Squier, Thomas Everyngham late of Newhall in the shire of Leycestr’ Knyght, John Penycok late of Waybrigge in the counte of Surr’ Squier, William Grymmesby late of Grymmesby in the shire of Lincoln’ Squier, Henry Ross late of Rokyngham in the shire of Northampton Knyght, Thomas Danyell late of Rysyng in the shire of Norff’ Squier, John Doubiggyng late of the same Gentilman, Richard Kirkeby late of Kirkeby Ireleth in the shire of Lancastr’ Gentilman, William Ackeworth late of Luton in the shire of Bed’ Squier, William Weynsford late of London Squier, Richard Stucley late of Lambehith in the counte of Surr’ Squier, Thomas Stanley late of Carlile Gentilman, Thomas Litley late of London Grocer, John Maydenwell late of Kirton in Lyndesey in the counte of Lincoln, Gentilman, Edward Ellesmere late of London Squier, John Dauson late of Westmynster in the shire of Midd’ Yoman, Henry Spencer late of the same Yoman, John Smothyng lateof York Yoman, John Beaumont late of Goodby in the shire of Leyc’ Gentilman, Henry Beaumont late of the same Gentilman, Roger Wharton otherwise called Roger of the Halle, late of Burgh in the shire of Westmerlond Grome, John Joskyn late of Branghing in the shire of Hertf’ Squier, Richard Litestr’ the yonger late of Wakefeld Yoman, Thomas Carr late of Westmynster Yoman, Robert Bollyng late of Bollyng in the shire of York Gentilman, Robert Hatecale late of Barleburgh in the same shire Yoman, Richard Everyngham late of Pontfreyt in the same shire Squier, Richard Fulnaby of Fulnaby in the shire of Lincoln Gentilman, Laurence Hille late of Moch Wycombe in the counte of Buk’ Yoman, Rauff Chernok late of Thorley in the counte of Lancastr’ Gentilman, Richard Gaitford of Estretford in Cley in the shire of Notyngh’ Gentilman, John Chapman late of Wymbourne Mynster in Dorset shire Yoman, and Richard Cokerell late of York Marchaunt; on Sonday called comynly Palme Sonday, the xxix day of Marche, the first yere of his reigne, in a feld bitwene the townes of Shirbourne in Elmett, and Tadcastr’ in the seid Shire of York, called Saxtonfeld and Tawtonfeeld, in the shire of York, accompanyed with the Frensshmen and Scotts, the Kynges Ennemyes, falsely and traiterously ayenst their feith and liegeaunce, there rered werre ayenst the same Kyng Edward, their rightwise, true, and naturall liege Lord, purposyng there and then to have distroyed hym, and deposed hym of his roiall estate, coroune and dignite; and then and there, to that entent, falsely and traiterously moved bataille ayenst his seid astate, shedyng therin the blode of a grete nombre of his subgetts: In the which bataille, it pleased Almyghty God to yeve unto hym, of the mysterie of his myght and grace, the victorie of his ennemyes and rebelles, and to subdue and avoyde th’ effect of their fals and traiterous purpose. And where also the seid Henry, late called Kyng Henry the Sixt, Margarete his wyf, late called Quene of Englond, and Edward her Son, late called Prynce of Wales, and also Henry Duc of Excestre, Henry Duc of Somerset, Thomas Lord Roos, Thomas Grey Knyght Lord Rugemond Gray, in the fest of Seint Marc Evangelist last past, purposyng and ymaginyng the destruction of oure seid Soverayne Lord Kyng Edward, to depose hym of his roiall astate and dignite, procured of James Kyng of Scotts, and of his subgetts, then ennemyes of oure seid Soverayne Lord, their eyde, assistence and armed power, to entre uppon the same oure Soverayne Lord into his seid reame, to put hym from the reigne therof, and todistroy hym; and to that entent, convened with the same James Kyng of Scotts, and ayeinst their feith and liegeaunce, delyvered to hym to his possession and obeisaunce, in the seid Fest, the toune and castell of Berwyk, of oure seid liege Lordes, then beyng their rightwisse, true, and naturall liege Lord, to that ende and effect, that the seid Kyng of Scotts soo than possessed of the seid toune and castell, the key of the Estmarches of Englond, shuld therby have entre, to execute the unjust, untrue, and malicious purpose and entent of the same Henry, Margaret and Edward. And for asmoch also as the seid Margarete, and also Henry Duc of Excestr’, Henry Duc of Somerset, Jasper Erle of Pembroke, James late Erle of Wilteshire, Robert Lord Hungerford, Thomas Mannyng Clerk, John Lax, late Parsoune of Walton in the shire of Somerset Clerk, Henry Lewes Knyght, Robert Whityngham Knyght, John Ormond otherwise called John Botillier Knyght, Frere Robert Gasley, of the ordre of the Freres Prechours, and Thomas Cornewayle Squier, have ayenst their feith and liegeaunce, dyvers tymes sith the fourth day of Marche last past, stured, laboured and provoked the ennemyes of oure seid soverayne Lord Kyng Edward the Fourth, of outeward landes, to entre into his seid reame with grete bataille, to rere werre ayenst his astate within this seid reame, to conquere the same from his possession and obeysaunce, to depose hym of roiall astate, corounes and dignite, and to destroy his moost noble persone and subgetts. And where also the same Margarete, and Edward her son, and also the seid Henry Duc of Excestr’, Thomas Grey Lord Rugemonde Grey, Humfrey Dacre Knyght, Edmund Hampden Knyght, Robert Whityngham Knyght, Henry Bellyngeham Knyght, and Richard Tunstall Knyght, adheryng to the Scotts, ennemyes of oure seid soverayne Lord Kyng Edward the Fourth, convened with the same Scotts, procuryng, desiring and wagyng theym to enter into his seid reame, to make there werre ayenst his Roiall Majeste, bringyng the same Scotts and ennemyes to his cite of Carlile, besegyng and envirounyng it, brennyng the subarbes therof, distroiyng the howses, habitacions and landes of his subgetts nygh therunto, in manere of conquest; purposyng, ayenst their feith and liegeaunce, to have delyvered the seid cite, the key of the Westmarches of Englond, into the possession and obeysaunce of the seid Kyng of Scotts, and to have spoiled the coroune of Englond therof, as they didde of the seid toune of Berwyk. And over that, where the seid Henry, late called Kyng of Englond the Sixt, and also Thomas Lord Roos, Thomas GrayLord Rugemond Grey, Humfrey Dacre Knyght, John Fortescu Knyght, William Tailboys Knyght, Edmund Mountford Knyght, Thomas Nevill late of Brauncepath in the Bisshopryke of Durham Clerk, Humfrey Nevill late of the same Squier, and Thomas Elwyke late of Caleys Squier, theXXVIday of Juyne last past, at Ryton and Brauncepath in the Bisshopryke of Durham, with standardes and gyturons unrolled, rered werre ayenst oure seid Lord Kyng Edward, purposying to have deposed hym of his roiall astate, coroune and dignite, ayenst their feith and liegeaunce. And for asmoch also as Henry Duc of Excestre, Jasper Erle of Pembroke, and Thomas Fitz Herry late of Herford Squier, at a place called Tutehill, besid’ the toune of Carnarvan in Wales, on Friday next after the fest of Translacion of Seint Edward last past, rered werre ayenst the same oure soverayne Lord, purposyng then and there to have proceeded to his destruction, of fals and cruell violence, ayenst their feith and liegeaunce.”
“Forasmoche as Henry, late Kyng Henry the sixt, ayenst the honoure and trouth that owe to be stablisshed in every Christien Prynce, dissimilyng with the right noble and famous Prynce Richard Duc of York, to whome it lyked at the grete and speciall instaunce of the same Henry, and of the Lordes Spuelx and Temporelx, and Commyns of the Reame of Englond, solempnely to hym made, and for the tender and naturall zele and affection that he bare unto the commyn wele, good pollitique, and restful governaunce therof, to take his viage from the Cite of London, toward the North parties of the seid Reame, to represse, subdue and resist the unleefull and inordynat commotion and riotte there bigonne, to the subversion of the seid Cõen wele, politique and restfull governaunce: Natheles procured, stered and excited, ayenst his promisse, and the forme of the Convention and Concorde made bitwene hem of and uppon the right and title of the seid Coroune, roiall power, dignite, estate, preemynence and possession of the seid Reame, the murdre of the same Duc. And where the seid Henry Usurpour, dissimilyng the destruction of other lordes and persones of the same reame, by his writts, called to assist hym to attend uppon his persone, to resiste and represse another commocion of people, by his assent and wille gadered, and waged not oonly in the North parties, but also oute of Scotlond, commyng from the same parties with Margarete late called Quene of Englond, and hir son Edward, late called Prynce of Wales, extendyng to the extreme destruction of the seid Reame, namely of the South parties therof,wherof experience sheweth the clerenes, respect had to the spoile by theym of Godds chirch, of Chalesses, Crosses of sylver, Boxes for the Sacrament, and other onourments longyng therunto, of defoulyng and ravisshing religious wymmen, wedowes and maydens, of unmanly and abhomynable entretyng of wymmen beyng in the naturall labour and bataille of travailyng of child, by the moyne therof piteously disperaged, Heven sorowyng the lost therby of the Soules that shuld have been of the felauship of Cristendom and of the blisse of Heven, not abhorryng of unmanly, unnaturall and beestly cruelte to drawe wymmen beyng in childebedde from their bedds naked, and to spoile hem of all her goods, a piteous desolacion. The same Henry, actour, factour and provoker of the seid commocion, and assentyng of covyne with the seid Margarete, Henry Duc of Somerset, and Henry late Erle of Northumberlond, in a battaille to be shewed unto hym, and offered of fraudulent dissimilacion, in a feld beside the toune of Seint Albones, theXVIIday of Feverer last past, not joynyng his persone and blode to the defence, tuition and salvacion of the same Lordes and persones commen to assist hym by his auctorite and commaundement, lyke a victorious and a noble captayne, but lyke a disseyvable coward, ayenst princely and knyghtly duetee, sodenly, privately and shamefully refused theym, sufferyng and procuryng to disseivably th’effucion of their blode, and horrible murdre and deth, not havyng therof sorowe, pitee or compassion; adheryng to the seid Margaret, and to the seid Duc of Somerset, and other Lordes and persones that committed the seid orrible and cruell murdre of the seid Duc of York, and of the Erles of Rutlond and Salesbury, and also of the seid people, in the seid felde beside the seid toune of Seint Albones, yevyng therfor to the seid Duc and other assistyng theym therin, a speciall laude and thank; from thensforth appliyng to theym and to their outrageous and unlawfull riotts and misgovernaunce; after that sufferying wilfully thoo worthy and good Knyghtes, William Lord Bonvile, and Sir Thomas Kiryell, for the prowesse of knyghthode approved in their persones called to the order of the Garter, and William Gower Squier, the Berer of oon of his Baners, whom to he made feith and assurans under Kynges word, proeedyng from his mouth, to kepe and defend theym there from all hurt, joupardie and perell, to be murdred, and after that tyrannyously heded, with grete violence, withoute processe of lawe or any pitee, contrary to his seid feith and promysse, abhomynable in the heryng of all Christen Prynces.For asmoch also as Henry Duc of Somerset, purposyng, ymaginyng and compassyng, of extreme and insaciate malice and violence, to destroy the right noble and famous Prynce of wurthy memorie, Richard late Duc of York, fader to oure Liege and Soverayne Lord Kyng Edward the fourth, and in his lyf verrey Kyng in right of the reame of Englond, singuler protectour lover and defensour of the good governaunce, pollicie, commyn wele, peas and tranquillite therof; and also Thomas Courteney late Erle of Devonshire, Henry Erle of Northumberlond, Thomas Lord Roos, John late Lord Nevill, John Whelpdale late of Lychefeld, Clerk, Philip Lowes late of Thouresby in the counte of Lincoln Clerk, Bawdewyn Fulforth Knyght, Alexander Hody Knyght, Nicholas Latymer Knyght, James Loterell Knyght, Edmund Mountford Knyght, Thomas Fyndern Knyght, Henry Lewes Knyght, John Heron of the Forde Knyght, Richard Tunstall Knyght, Henry Belyngeham Knyght, Robert Whityngham Knyght, William Grymmesby late of London late Squier, Thomas Tunstall late of Thurland in the shire of Lancastr’ Squier, Symond Hammes Knyght, Thomas Dalton late of Lilbourne in the counte of Northumberlond Gentilman, James Dalton late of the same Gentilman, George Dalton late of the same Gentilman, John Clapam late of Skipton in Craven in Yorkshire Yoman, Andrew Trollop late of Guysnes Squier, Antony Notehill Knyght, John Botiller late of Howke in the counte of Dorset Squier, Gawen Lampleugh late of Warkeworth in the shire of Northumberlond Gentilman, Edmund Fyssh late of York Taylleour, Thomas Frysell late of the same Smyth, John Smothyng late of the same Yoman, John Caterall late of Brayton in the counte of York Gentilman, Thomas Barton late of Helmesley in the counte of York Gentilman, William Fyppes late of Sonthduffeld in the counte of York Yoman, Henry Clyff th’ elder late of Lokyngton in the counte of York Yoman, Robert Tomlynson late of Helagh in the counte of York Yoman, and Thomas Barton late of York Mason; at Wakefeld in the shire of York, on Tywesday the xxx day of Decembr’ last past, with grete despite and cruell violence, horrible and unmanly tyrannye, murdred the seid right noble Prynce Duc of York. And where also Henry Duc of Excestr’, Henry Duc of Somerset, Thomas Courteney late Erle of Devonshire, Henry late Erle of Northumberlond, William Vicecount Beaumont, Thomas Lord Roos, John late Lord Clyfford, Leo late Lord Welles, John late Lord Nevill, Thomas Gray Knyght Lord Rugemond Gray, Randolf late Lord Dacre, Humfrey DacreKnyght, John Morton late Person of Blokesworth in the shire of Dorset Clerk, Rauff Makerell late Person of Ryseby in the shire of Suff’ Clerk, Thomas Mannyng late of New Wyndesore in Berkshire Clerk, John Whelpdale late of Lychefeld in the counte of Stafford Clerk, John Nayler late of London Squier, John Preston late Wakefield in the shire of York Preest, Philip Wentworth Knyght, John Fortescu Knyght, William Tailboys Knyght, Edmund Mountford Knyght, Thomas Tresham Knyght, William Vaux Knyght, Edmund Hampden Knyght, Thomas Fyndern Knyght, John Courteney Knyght, Henry Lewes Knyght, Nicholas Latymer, Knyght, Waltier Nuthill late of Ryston in Holdernes in the shire of York Squier, John Heron of the Forde Knyght, Richard Tunstall Knyght, Henry Belyngeham Knyght, Robert Whityngham Knyght, John Ormond otherwise called John Botillier Knyght, William Mille Knyght, Symonde Hammes Knyght, William Holand Knyght called the Bastard of Excestr’, William Josep’ late of London Squier, Everard Dykby late of Stokedry in the shire of Ruthlond Squier, John Myrfyn late of Suthwerk in the shire of Surr’ Squier, Thomas Philip late of Dertyngton in Devonshire Squier, Thomas Brampton late of Guysnes Squier, Giles Seyntlowe late of London Squier, Thomas Claymond, the seid Thomas Tunstall Squier, Thomas Crawford late of Caleys Squier, John Aldeley late of Guysnes Squyer, John Lenche of Wyche in the shire of Worcestre Squier, Thomas Ormond otherwise called Thomas Botillier Knyght, Robert Bellyngeham late of Burnalshede in the shire of Westmerlond Squier, Thomas Everyngham late of Newhall in the shire of Leycestr’ Knyght, John Penycok late of Waybrigge in the counte of Surr’ Squier, William Grymmesby late of Grymmesby in the shire of Lincoln’ Squier, Henry Ross late of Rokyngham in the shire of Northampton Knyght, Thomas Danyell late of Rysyng in the shire of Norff’ Squier, John Doubiggyng late of the same Gentilman, Richard Kirkeby late of Kirkeby Ireleth in the shire of Lancastr’ Gentilman, William Ackeworth late of Luton in the shire of Bed’ Squier, William Weynsford late of London Squier, Richard Stucley late of Lambehith in the counte of Surr’ Squier, Thomas Stanley late of Carlile Gentilman, Thomas Litley late of London Grocer, John Maydenwell late of Kirton in Lyndesey in the counte of Lincoln, Gentilman, Edward Ellesmere late of London Squier, John Dauson late of Westmynster in the shire of Midd’ Yoman, Henry Spencer late of the same Yoman, John Smothyng lateof York Yoman, John Beaumont late of Goodby in the shire of Leyc’ Gentilman, Henry Beaumont late of the same Gentilman, Roger Wharton otherwise called Roger of the Halle, late of Burgh in the shire of Westmerlond Grome, John Joskyn late of Branghing in the shire of Hertf’ Squier, Richard Litestr’ the yonger late of Wakefeld Yoman, Thomas Carr late of Westmynster Yoman, Robert Bollyng late of Bollyng in the shire of York Gentilman, Robert Hatecale late of Barleburgh in the same shire Yoman, Richard Everyngham late of Pontfreyt in the same shire Squier, Richard Fulnaby of Fulnaby in the shire of Lincoln Gentilman, Laurence Hille late of Moch Wycombe in the counte of Buk’ Yoman, Rauff Chernok late of Thorley in the counte of Lancastr’ Gentilman, Richard Gaitford of Estretford in Cley in the shire of Notyngh’ Gentilman, John Chapman late of Wymbourne Mynster in Dorset shire Yoman, and Richard Cokerell late of York Marchaunt; on Sonday called comynly Palme Sonday, the xxix day of Marche, the first yere of his reigne, in a feld bitwene the townes of Shirbourne in Elmett, and Tadcastr’ in the seid Shire of York, called Saxtonfeld and Tawtonfeeld, in the shire of York, accompanyed with the Frensshmen and Scotts, the Kynges Ennemyes, falsely and traiterously ayenst their feith and liegeaunce, there rered werre ayenst the same Kyng Edward, their rightwise, true, and naturall liege Lord, purposyng there and then to have distroyed hym, and deposed hym of his roiall estate, coroune and dignite; and then and there, to that entent, falsely and traiterously moved bataille ayenst his seid astate, shedyng therin the blode of a grete nombre of his subgetts: In the which bataille, it pleased Almyghty God to yeve unto hym, of the mysterie of his myght and grace, the victorie of his ennemyes and rebelles, and to subdue and avoyde th’ effect of their fals and traiterous purpose. And where also the seid Henry, late called Kyng Henry the Sixt, Margarete his wyf, late called Quene of Englond, and Edward her Son, late called Prynce of Wales, and also Henry Duc of Excestre, Henry Duc of Somerset, Thomas Lord Roos, Thomas Grey Knyght Lord Rugemond Gray, in the fest of Seint Marc Evangelist last past, purposyng and ymaginyng the destruction of oure seid Soverayne Lord Kyng Edward, to depose hym of his roiall astate and dignite, procured of James Kyng of Scotts, and of his subgetts, then ennemyes of oure seid Soverayne Lord, their eyde, assistence and armed power, to entre uppon the same oure Soverayne Lord into his seid reame, to put hym from the reigne therof, and todistroy hym; and to that entent, convened with the same James Kyng of Scotts, and ayeinst their feith and liegeaunce, delyvered to hym to his possession and obeisaunce, in the seid Fest, the toune and castell of Berwyk, of oure seid liege Lordes, then beyng their rightwisse, true, and naturall liege Lord, to that ende and effect, that the seid Kyng of Scotts soo than possessed of the seid toune and castell, the key of the Estmarches of Englond, shuld therby have entre, to execute the unjust, untrue, and malicious purpose and entent of the same Henry, Margaret and Edward. And for asmoch also as the seid Margarete, and also Henry Duc of Excestr’, Henry Duc of Somerset, Jasper Erle of Pembroke, James late Erle of Wilteshire, Robert Lord Hungerford, Thomas Mannyng Clerk, John Lax, late Parsoune of Walton in the shire of Somerset Clerk, Henry Lewes Knyght, Robert Whityngham Knyght, John Ormond otherwise called John Botillier Knyght, Frere Robert Gasley, of the ordre of the Freres Prechours, and Thomas Cornewayle Squier, have ayenst their feith and liegeaunce, dyvers tymes sith the fourth day of Marche last past, stured, laboured and provoked the ennemyes of oure seid soverayne Lord Kyng Edward the Fourth, of outeward landes, to entre into his seid reame with grete bataille, to rere werre ayenst his astate within this seid reame, to conquere the same from his possession and obeysaunce, to depose hym of roiall astate, corounes and dignite, and to destroy his moost noble persone and subgetts. And where also the same Margarete, and Edward her son, and also the seid Henry Duc of Excestr’, Thomas Grey Lord Rugemonde Grey, Humfrey Dacre Knyght, Edmund Hampden Knyght, Robert Whityngham Knyght, Henry Bellyngeham Knyght, and Richard Tunstall Knyght, adheryng to the Scotts, ennemyes of oure seid soverayne Lord Kyng Edward the Fourth, convened with the same Scotts, procuryng, desiring and wagyng theym to enter into his seid reame, to make there werre ayenst his Roiall Majeste, bringyng the same Scotts and ennemyes to his cite of Carlile, besegyng and envirounyng it, brennyng the subarbes therof, distroiyng the howses, habitacions and landes of his subgetts nygh therunto, in manere of conquest; purposyng, ayenst their feith and liegeaunce, to have delyvered the seid cite, the key of the Westmarches of Englond, into the possession and obeysaunce of the seid Kyng of Scotts, and to have spoiled the coroune of Englond therof, as they didde of the seid toune of Berwyk. And over that, where the seid Henry, late called Kyng of Englond the Sixt, and also Thomas Lord Roos, Thomas GrayLord Rugemond Grey, Humfrey Dacre Knyght, John Fortescu Knyght, William Tailboys Knyght, Edmund Mountford Knyght, Thomas Nevill late of Brauncepath in the Bisshopryke of Durham Clerk, Humfrey Nevill late of the same Squier, and Thomas Elwyke late of Caleys Squier, theXXVIday of Juyne last past, at Ryton and Brauncepath in the Bisshopryke of Durham, with standardes and gyturons unrolled, rered werre ayenst oure seid Lord Kyng Edward, purposying to have deposed hym of his roiall astate, coroune and dignite, ayenst their feith and liegeaunce. And for asmoch also as Henry Duc of Excestre, Jasper Erle of Pembroke, and Thomas Fitz Herry late of Herford Squier, at a place called Tutehill, besid’ the toune of Carnarvan in Wales, on Friday next after the fest of Translacion of Seint Edward last past, rered werre ayenst the same oure soverayne Lord, purposyng then and there to have proceeded to his destruction, of fals and cruell violence, ayenst their feith and liegeaunce.”
The act then declares Henry, late called King Henry the Sixth, convicted of high treason, and to forfeit all castles, manors, lordships, lands, &c. &c., parcel of the Duchy of Lancaster; and the said Margaret, late called Queen of England, convicted of high treason; and the said Margaret, and also the said Edward her son, disabled from having or enjoying any name of dignity, pre-eminence, &c. &c.; and declares the said Margaret, and Edward her son, to forfeit all castles, manors, lordships, lands, goods, &c. &c.; and also declares the noblemen comprised in it disabled from having or enjoying any name of dignity, pre-eminence, &c. &c.; and the noblemen, knights, and other persons comprised in the act, convicted of high treason, and to forfeit all their manors, lordships, lands, possessions, &c. to the King; except such as were within the liberty of the Bishop of Durham, which were declared forfeited to the Bishop, who claimed them in right of the Cathedral Church of St. Cuthbert of Durham; within which liberty the Bishops of Durham were alleged to have had immemorially the right to all forfeitures of that description.
Extract from the Act of Attainder of 14th Edward IV. passed against some of the Lancastrians who had taken part in the Battles of Barnet, Tewkesbury, &c.—Rot. Parl.14th Edward IV. (A.D.1475), vol. vi. fos. 144, 145, 146.
“Andalso where John Veer late Erl of Oxford, late of Wyvenho in the counte of Essex Knyght, George Veer, late of the same toune Knyght, Thomas Veer late of the same toune Knyght, Robert Harlyston, late of Shymplyng in the counte of Suffolk Squyer, William Godmanston, late of Bromle in the counte of Essex, Squyer, John Durraunt, late of Colleweston in the counte of Northampton Yoman, and Robert Gybbon, late of Wyngfeld in the counte of Suffolk Squyer, in the solempne and high fest of Ester Day, the which was theXIIIIthday of Aprill, theXIthyere of the reigne of our said sovereigne liege Lord, at Barnet in the counte of Hertford, and there and thenne togider assembled theym, with grete multitude of his innaturall subgiettes, rebelles and traytours, felonsle falsle and traiterousle, levied werre agayns Kyng Edward the IIIIth, their naturall liege Lord, his roiall persone then and there beyng, and his baner displayed, entendyng traiterousle then and there the fynall distruction of his said moost roiall persone, purposyng to have distroyd’ hym, and deposed hym of his roiall astate, corone and dignitee, and there and then falsle and traiterousle made and reared werre agayns his astate, sheddyng there the blode of grete nombre of his subgiettes; in the which bataill, it pleased Almyghty God to gyf hym victorie of hys ennemyes and rebelles, and to subdue the effecte of their fals and traiterous purpose. And also where Thomas Tresham late of Sywell in the counte of Northampton Knyght, John Delves, late of Uttokeshater, in the counte of Stafford Squyer, and Robert Baynton, late of Farleston in the counte of Wilteshire Knyght, with grete nombre of rebelles and traytours, assembled theym theIIIthday of the moneth of May, the saidXIthyere of the reigne of oure said sovereigne Lord, at Tewkesbury in the counte of Gloucestr’, and there and then felonsle falsle and traiterousle levied werre agayns Kyng Edward the IIIIth, their naturall liege Lord, his roiall persone then and there beyng, and his baner displaied, entendyng traiterousle then and there the fynall destruction of his said moost roiall persone.”
“Andalso where John Veer late Erl of Oxford, late of Wyvenho in the counte of Essex Knyght, George Veer, late of the same toune Knyght, Thomas Veer late of the same toune Knyght, Robert Harlyston, late of Shymplyng in the counte of Suffolk Squyer, William Godmanston, late of Bromle in the counte of Essex, Squyer, John Durraunt, late of Colleweston in the counte of Northampton Yoman, and Robert Gybbon, late of Wyngfeld in the counte of Suffolk Squyer, in the solempne and high fest of Ester Day, the which was theXIIIIthday of Aprill, theXIthyere of the reigne of our said sovereigne liege Lord, at Barnet in the counte of Hertford, and there and thenne togider assembled theym, with grete multitude of his innaturall subgiettes, rebelles and traytours, felonsle falsle and traiterousle, levied werre agayns Kyng Edward the IIIIth, their naturall liege Lord, his roiall persone then and there beyng, and his baner displayed, entendyng traiterousle then and there the fynall distruction of his said moost roiall persone, purposyng to have distroyd’ hym, and deposed hym of his roiall astate, corone and dignitee, and there and then falsle and traiterousle made and reared werre agayns his astate, sheddyng there the blode of grete nombre of his subgiettes; in the which bataill, it pleased Almyghty God to gyf hym victorie of hys ennemyes and rebelles, and to subdue the effecte of their fals and traiterous purpose. And also where Thomas Tresham late of Sywell in the counte of Northampton Knyght, John Delves, late of Uttokeshater, in the counte of Stafford Squyer, and Robert Baynton, late of Farleston in the counte of Wilteshire Knyght, with grete nombre of rebelles and traytours, assembled theym theIIIthday of the moneth of May, the saidXIthyere of the reigne of oure said sovereigne Lord, at Tewkesbury in the counte of Gloucestr’, and there and then felonsle falsle and traiterousle levied werre agayns Kyng Edward the IIIIth, their naturall liege Lord, his roiall persone then and there beyng, and his baner displaied, entendyng traiterousle then and there the fynall destruction of his said moost roiall persone.”
The act then declares the persons comprised in it convicted of hightreason, and all their castles, manors, lordships, lands, &c., forfeited to the King, and also declares that they were disabled from having or enjoying any name of dignity, pre-eminence, &c. &c.
Extract from the Act of Attainder of 1st Henry VII., passed against the Yorkists who had taken part in the Battle of Bosworth.—Rot. Parl.1st Henry VII. (A.D.1485), vol. vi. fos. 275 and 276.
“Forasmocheas every king, prince, and liege lord, the more hie that he be in estate and prehemenence, the more singularly he is bound to the advancement and preferring of that indefferent vertue justice; and promoteinge and rewardinge vertue, and bi oppressinge and punishinge vice: Wherefore oure soveraigne lord, calleinge unto hys blessed remembraunce thys high and grete charge adjoyned to hys royall majestie and estate, not oblivious nor puttinge out of hys godly mind the unnaturall, mischeivous, and grete perjuries, treasons, homicides and murdres, in shedding of infants blood, with manie other wronges, odious offences, and abominac̃ons ayenst God and man, and in es̃pall oure said soveraigne lord, committed and doone by Richard late Duke of Glouc’, callinge and nameinge hymself, by usurpac̃on, King Richard the IIId; the which, with John late Duke of Norff’, Thomas Erle of Surrie, Francis Lovell Kñt Visc’ Lovell, Walter Devereux Kñt, late Lord Ferrers, John Lord Zouche, Robert Harrington, Richard Charleton, Richard Ratcliffe, William Berkley of Welley, Robert Brakenbury, Thomas Pillkinton, Robert Midletoune, James Harrington, Kñts, Walter Hopton, William Catesby, Roger Wake, William Sapcott, Humfrey Stafford, William Clerke of Wenlocke, Jeffrey St̃ Jermin, Richard Watkins, Herrauld of Armes, Richard Revell of Derbishyre, Thomas Poulter of the countee of Kent the younger, John Walsh otherwyse called Hastinges, John Kendale, late secretarie to the said Richard late Duke, John Buck, Andrew Ratt, and William Bramton of Burford, theXXIstdaie of August, the first yere of the reigne of oure soveraigne lord, assembled to theyme atte Leicestre in the countee of Leicestre a grete hoste, traiterously intendinge, imagininge and conspireinge the destrucc̃on of the kinges royall ps̃oune, oure soveraigne leige lord. And they, with the same hoste, with banners spred, mightyly armed and defenced with all manner armes, as gunnes, bowes, arrowes, speres, gleves, axes, and all other mannerarticles apt or needfull to gef and cause mightie battaille agen oure said soveraigne lord, kept togedre from the saidXXIIddaie of the said month thanne next followinge, and theyme conduced to a feld within the said shyre of Leicestre, there bi grete and continued deliberacõne, traiterously levied warre ayenst oure said soveraine lord, and his true subjects there being in his service and assistance under a banner of oure said soveraine lord, to the subversion of this realme, and com̃on weale of the same.”
“Forasmocheas every king, prince, and liege lord, the more hie that he be in estate and prehemenence, the more singularly he is bound to the advancement and preferring of that indefferent vertue justice; and promoteinge and rewardinge vertue, and bi oppressinge and punishinge vice: Wherefore oure soveraigne lord, calleinge unto hys blessed remembraunce thys high and grete charge adjoyned to hys royall majestie and estate, not oblivious nor puttinge out of hys godly mind the unnaturall, mischeivous, and grete perjuries, treasons, homicides and murdres, in shedding of infants blood, with manie other wronges, odious offences, and abominac̃ons ayenst God and man, and in es̃pall oure said soveraigne lord, committed and doone by Richard late Duke of Glouc’, callinge and nameinge hymself, by usurpac̃on, King Richard the IIId; the which, with John late Duke of Norff’, Thomas Erle of Surrie, Francis Lovell Kñt Visc’ Lovell, Walter Devereux Kñt, late Lord Ferrers, John Lord Zouche, Robert Harrington, Richard Charleton, Richard Ratcliffe, William Berkley of Welley, Robert Brakenbury, Thomas Pillkinton, Robert Midletoune, James Harrington, Kñts, Walter Hopton, William Catesby, Roger Wake, William Sapcott, Humfrey Stafford, William Clerke of Wenlocke, Jeffrey St̃ Jermin, Richard Watkins, Herrauld of Armes, Richard Revell of Derbishyre, Thomas Poulter of the countee of Kent the younger, John Walsh otherwyse called Hastinges, John Kendale, late secretarie to the said Richard late Duke, John Buck, Andrew Ratt, and William Bramton of Burford, theXXIstdaie of August, the first yere of the reigne of oure soveraigne lord, assembled to theyme atte Leicestre in the countee of Leicestre a grete hoste, traiterously intendinge, imagininge and conspireinge the destrucc̃on of the kinges royall ps̃oune, oure soveraigne leige lord. And they, with the same hoste, with banners spred, mightyly armed and defenced with all manner armes, as gunnes, bowes, arrowes, speres, gleves, axes, and all other mannerarticles apt or needfull to gef and cause mightie battaille agen oure said soveraigne lord, kept togedre from the saidXXIIddaie of the said month thanne next followinge, and theyme conduced to a feld within the said shyre of Leicestre, there bi grete and continued deliberacõne, traiterously levied warre ayenst oure said soveraine lord, and his true subjects there being in his service and assistance under a banner of oure said soveraine lord, to the subversion of this realme, and com̃on weale of the same.”
The act then proceeds to declare Richard Duke of Gloucester otherwise called King Richard III., and all the noblemen, knights, and other persons comprised in the act, convicted of high treason, and disabled and forejudged of all honours, dignity, pre-eminences, &c. &c., and all their castles, manors, lordships, lands, goods, &c., forfeited to the King.
Proclamation by Henry VII., for enforcing order and discipline in his Army; and Extract from a Journal of the March and Proceedings of Henry VII. previously to the Battle of Stoke; from a manuscript in the Cottonian Library.—LelandiCollectanea, vol. iv. p. 210.
“TheKing our souveraigne lorde straytly charge and comaunde, that no maner of man, of whatsoever state, degre, or condition he bee, robe ne spoyle any chyrche, ne take oute of the same any ornament theron belonging, nor touche ne sett hande on the pixe wherein the blessed sacrament is conteynede, nor yet robbe ne spoyle any maner man or woman, upon peyne of deth. Also that no maner of persones ne persones whatsoever they bee make no quarell to any man, nor sease nor vex ne troble any man by body or goodes for any offense, or by color of any offence hertofor doon or comyttede agenst the roial Majestie of the King our saide souveraigne lorde, withoute his auctoritie and especial comaundement geven unto hym or theym, that so doon in that behalfe upon peyne of deth. Also that no maner of persones ne persones whatsoever they bee, ravishe no religios woman, nor mannes wiff, doughter, maydene, ne no mannes ne womans servaunt, or take, ne presume to take, any maner of vytayll, horsemet, nor mannes mete, withoute paying therfor the reasonable pryce therof, assisede by the clerke of the market or other the king’s officers therforordeynede, upon peyne of deth. Also that no maner of persones ne persones, whatsoever thay bee, take uppon theym to logge theymsilfs, nor take no maner of logging, ne harbygage, but suche as shal be assignede unto hym or theym by the King’s herbygeours, nor disloge no man, nor chaunge no logging after that he be assignede, without advyse and assent of the said harbygeours, uppon peine of imprisonment and to be punyshede at the wille of our saide souveraigne lorde. Also that no maner of man, whatsoever he bee, make no quarell with any other man, whatsoever be bee, for no maner of cause, old ne newe; ne make no maner of fray, within the hooste ne withoute, upon peyne of imprisonment and to bee punishede according to ther trespas and defautes. And if ther happen any suche quarell of affray to be made by any evyll disposede personnes, that then no maner of man, for any acquentaunce or filiship that they bee of, take noo parte with no suche mysdooers in any suche affrayes or quarells, upon peyne of imprisonment and to be punyshed at the King’s wille. But that every man endevor hymsilf to take al suche mysdooers and brynge theym to the marshalls ward, to be punyshed according to ther desertes. Also that no maner of personne, whatsoever he bee, hurte, troble, bete, ne lette no maner of personne, man, woman, or childe bryngyng any vitayle unto the Kings hooste, upon payne of imprisonment and his bodye to bee at the Kings wille. And over this, that every man, being of the reteyne of our saide souveraigne lorde, at the furste sounde or blaste of the trumpet to saddil hys hors; at the 2d doo brydell; and at the 3d be redy on horsebake to wayte upon his highnesse, upon peyne of imprisonment. Also, that no maner of personne, whatsoever he bee, make no skryes, showtings, or blowing of hornesse in the Kings hooste after the wache bee sett, upon peyne of imprisonment and his bodye to be at the Kings wille. Also, that no vagabonde, nor other, folowe the Kings hooste, but suche as be reteynede, or have maisters within the same, upon peyne of imprisonment and to bee punyshede in example for other; and that no coman wooman folow the Kings hooste, upon payne of imprisonment and openly to be punyshede in example of al other. Also, whansoever it shall please the King our souveraigne lorde to comaunde any of hys officers of armes to charge any thing in his name, by hys high comaundement, or by the comaundement of his counstable or marshall, that it be observed and kept, upon payne of imprisonment and his body to be punyshed at the Kings pleasure.“From thens” [Kenilworth] “the King procedede to Coventrye, wher the Bishop of Wynchester toke his leve and went to the Quene and the Prince, and the substance of his companye waytede upon the King, under the standerde of his neveu th Erle of Devonshir. From Coventrie the King remeved unto Leycester, wherby the comaundement of the mooste Reverende Fader in God, th Archbishop of Canterbury, then Chanceller of England, the Kings proclamations were put in execusion. And in especyal voydyng comen women and vagabonds, for ther wer imprisonede great nomber of both. Wherfor ther was more reste in the King’s hooste, and the better rule. And on the morow, which was on the Monday, the King lefte ther the forsaide Reverende Fader in God and roode to Loughborough; and the saide Lorde Chancellors folks were commyttede by his neveu, Robert Morton, unto the stander of th Erle of Oxinforde, in the fowarde. And at Loughborough, the stokks and prisonnes wer reasonabley fylled with harlatts and vagabonds. And after that were but fewe in the hooste unto the tyme the felde was doon. On Tewsday the King remevede and lay al nyght in the felde, under a wode called Bonley Rice. And on the Wednesday the King’s marshalls and herbigers of his hoste did not so welle ther diligence that way, for when the King remevede ther was no propre grounde appoyntede wher the Kings hooste shulde logge that nyght hen following, but it was a royal and a marvelouse faire and a wele tempered day. And the King, with his hooste, wandrede her and ther a great espace of tyme, and so came to a fayre longe hille, wher the King sett his folks in array of batell, that is to say, a bow and a bill at his bak, and al the fowarde were wele and warely loggede under the hille to Notyngham warde. And when the King hade sene his people in this fayr array, he roode to a village 3 myles a this side Notingham, on the highway syde, wher in a gentilmannes place his grace logede. And in that village, and in a bene felde to Notingham warde, lougede al his batell; whiche evening wer taken certeyn espies, whiche noysede in the contrey that the King had ben fledde. And sume were hangede on the ashe at Notyngham Brygge ende. And on the morowe, whiche was Corpus Christi day, after the King had harde the dyvyne servyce in the pariche chirche, and the trumpetts hadde blowne to horse, the King, not letting his hoste to understand his entente, rode bakewarde to see, and also welcome the Lord Strannge, whichc brought with hym a great hoste, inow to have beten al the Kings enemies, only of my Lorde his faders th’ Erle of Derbye folksand his. And al wer fayre embaytailled, whiche unknowne turnyng to the hooste, causede many folks for to marvaille. Also the Kings standerde and muche cariage folowde after the King, unto the tyme the King was advertysede by Garter King of Armes, whom the King comaunded to turne them al ageyn, whiche so dide theym al in bataile on the hef heder side of the great hille a this side Notingham, unto the tyme the King came. That nyght the Kings hooste lay under the ende of all that hille towarde Notingham to Lenton warde, and his fowarde befor hym to Notyngham Bruge warde. And th Erle of Derbyes host on the Kings lifte hand to the meadowes besides Lenton. And that evenyng ther was a great skrye, at wiche skrye ther flede many men; but it was great joy to see how sone the King was redye and his true men in array. And from thens, on the Friday, the King, understanding that his enemyes and rebelles drew towards Newarke warde, passing by Southwelle and the furside of Trente, the King with his hoste remevede thedarwards, and logged that nyght beside a village callede Ratcliff, 9 miles oute of Newarke. That evening ther was a great skrye, whiche causede many cowards to flee; but th Erle of Oxinforde, and al the nobles in the fowarde with hym, wer sone in a good array and in a fayr bataile, and so was the King and al the very men that ther wer. And in this estrye I harde of no man of worship that fledde but raskells.“On the morne, which was Satirday, the King erly arros and harde 2 masses, wherof the Lorde John Fox, Bishop of Excester, sange the ton; and the King had 5 good and true men of the village of Ratecliff, whiche shewde his grace the beste way for to conduyt his hoost to Newark, whiche knew welle the countrey, and shewde wher wer marres, and wher was the river of Trent, and wher wer vilages or grovys for bushements, or strayt weyes, that the King might conduyt his hoost the better. Of whiche guides the King gave 2 to th’ Erle of Oxinforde to conduyt the fowarde, and the remanent reteyned at his pleasure. And so in good order and array, before 9 of the clok, beside a village called Stook, a large myle oute of Newarke, his fowarde recountrede his enemyes and rebells, wher by the helpe of Almighty God, he hadde the victorye. And ther was taken the lad that his rebells callede King Edwarde, whos name was indede Lambert, by a vaylent and a gentil esquier of the Kings howse, called Robert Bellingham. And ther was slayne th’ Erle of Lincoln John, and dyvers other gentilmen, and the Vicount Lorde Lovell put to flight. And ther was slayne of Englishe,Duche, and Irishemen M IIII. And that day the king made 13 baneretts andLIIknyghts, whose names ensueth.“Theis bee the names of the baneretts:
“TheKing our souveraigne lorde straytly charge and comaunde, that no maner of man, of whatsoever state, degre, or condition he bee, robe ne spoyle any chyrche, ne take oute of the same any ornament theron belonging, nor touche ne sett hande on the pixe wherein the blessed sacrament is conteynede, nor yet robbe ne spoyle any maner man or woman, upon peyne of deth. Also that no maner of persones ne persones whatsoever they bee make no quarell to any man, nor sease nor vex ne troble any man by body or goodes for any offense, or by color of any offence hertofor doon or comyttede agenst the roial Majestie of the King our saide souveraigne lorde, withoute his auctoritie and especial comaundement geven unto hym or theym, that so doon in that behalfe upon peyne of deth. Also that no maner of persones ne persones whatsoever they bee, ravishe no religios woman, nor mannes wiff, doughter, maydene, ne no mannes ne womans servaunt, or take, ne presume to take, any maner of vytayll, horsemet, nor mannes mete, withoute paying therfor the reasonable pryce therof, assisede by the clerke of the market or other the king’s officers therforordeynede, upon peyne of deth. Also that no maner of persones ne persones, whatsoever thay bee, take uppon theym to logge theymsilfs, nor take no maner of logging, ne harbygage, but suche as shal be assignede unto hym or theym by the King’s herbygeours, nor disloge no man, nor chaunge no logging after that he be assignede, without advyse and assent of the said harbygeours, uppon peine of imprisonment and to be punyshede at the wille of our saide souveraigne lorde. Also that no maner of man, whatsoever he bee, make no quarell with any other man, whatsoever be bee, for no maner of cause, old ne newe; ne make no maner of fray, within the hooste ne withoute, upon peyne of imprisonment and to bee punishede according to ther trespas and defautes. And if ther happen any suche quarell of affray to be made by any evyll disposede personnes, that then no maner of man, for any acquentaunce or filiship that they bee of, take noo parte with no suche mysdooers in any suche affrayes or quarells, upon peyne of imprisonment and to be punyshed at the King’s wille. But that every man endevor hymsilf to take al suche mysdooers and brynge theym to the marshalls ward, to be punyshed according to ther desertes. Also that no maner of personne, whatsoever he bee, hurte, troble, bete, ne lette no maner of personne, man, woman, or childe bryngyng any vitayle unto the Kings hooste, upon payne of imprisonment and his bodye to bee at the Kings wille. And over this, that every man, being of the reteyne of our saide souveraigne lorde, at the furste sounde or blaste of the trumpet to saddil hys hors; at the 2d doo brydell; and at the 3d be redy on horsebake to wayte upon his highnesse, upon peyne of imprisonment. Also, that no maner of personne, whatsoever he bee, make no skryes, showtings, or blowing of hornesse in the Kings hooste after the wache bee sett, upon peyne of imprisonment and his bodye to be at the Kings wille. Also, that no vagabonde, nor other, folowe the Kings hooste, but suche as be reteynede, or have maisters within the same, upon peyne of imprisonment and to bee punyshede in example for other; and that no coman wooman folow the Kings hooste, upon payne of imprisonment and openly to be punyshede in example of al other. Also, whansoever it shall please the King our souveraigne lorde to comaunde any of hys officers of armes to charge any thing in his name, by hys high comaundement, or by the comaundement of his counstable or marshall, that it be observed and kept, upon payne of imprisonment and his body to be punyshed at the Kings pleasure.
“From thens” [Kenilworth] “the King procedede to Coventrye, wher the Bishop of Wynchester toke his leve and went to the Quene and the Prince, and the substance of his companye waytede upon the King, under the standerde of his neveu th Erle of Devonshir. From Coventrie the King remeved unto Leycester, wherby the comaundement of the mooste Reverende Fader in God, th Archbishop of Canterbury, then Chanceller of England, the Kings proclamations were put in execusion. And in especyal voydyng comen women and vagabonds, for ther wer imprisonede great nomber of both. Wherfor ther was more reste in the King’s hooste, and the better rule. And on the morow, which was on the Monday, the King lefte ther the forsaide Reverende Fader in God and roode to Loughborough; and the saide Lorde Chancellors folks were commyttede by his neveu, Robert Morton, unto the stander of th Erle of Oxinforde, in the fowarde. And at Loughborough, the stokks and prisonnes wer reasonabley fylled with harlatts and vagabonds. And after that were but fewe in the hooste unto the tyme the felde was doon. On Tewsday the King remevede and lay al nyght in the felde, under a wode called Bonley Rice. And on the Wednesday the King’s marshalls and herbigers of his hoste did not so welle ther diligence that way, for when the King remevede ther was no propre grounde appoyntede wher the Kings hooste shulde logge that nyght hen following, but it was a royal and a marvelouse faire and a wele tempered day. And the King, with his hooste, wandrede her and ther a great espace of tyme, and so came to a fayre longe hille, wher the King sett his folks in array of batell, that is to say, a bow and a bill at his bak, and al the fowarde were wele and warely loggede under the hille to Notyngham warde. And when the King hade sene his people in this fayr array, he roode to a village 3 myles a this side Notingham, on the highway syde, wher in a gentilmannes place his grace logede. And in that village, and in a bene felde to Notingham warde, lougede al his batell; whiche evening wer taken certeyn espies, whiche noysede in the contrey that the King had ben fledde. And sume were hangede on the ashe at Notyngham Brygge ende. And on the morowe, whiche was Corpus Christi day, after the King had harde the dyvyne servyce in the pariche chirche, and the trumpetts hadde blowne to horse, the King, not letting his hoste to understand his entente, rode bakewarde to see, and also welcome the Lord Strannge, whichc brought with hym a great hoste, inow to have beten al the Kings enemies, only of my Lorde his faders th’ Erle of Derbye folksand his. And al wer fayre embaytailled, whiche unknowne turnyng to the hooste, causede many folks for to marvaille. Also the Kings standerde and muche cariage folowde after the King, unto the tyme the King was advertysede by Garter King of Armes, whom the King comaunded to turne them al ageyn, whiche so dide theym al in bataile on the hef heder side of the great hille a this side Notingham, unto the tyme the King came. That nyght the Kings hooste lay under the ende of all that hille towarde Notingham to Lenton warde, and his fowarde befor hym to Notyngham Bruge warde. And th Erle of Derbyes host on the Kings lifte hand to the meadowes besides Lenton. And that evenyng ther was a great skrye, at wiche skrye ther flede many men; but it was great joy to see how sone the King was redye and his true men in array. And from thens, on the Friday, the King, understanding that his enemyes and rebelles drew towards Newarke warde, passing by Southwelle and the furside of Trente, the King with his hoste remevede thedarwards, and logged that nyght beside a village callede Ratcliff, 9 miles oute of Newarke. That evening ther was a great skrye, whiche causede many cowards to flee; but th Erle of Oxinforde, and al the nobles in the fowarde with hym, wer sone in a good array and in a fayr bataile, and so was the King and al the very men that ther wer. And in this estrye I harde of no man of worship that fledde but raskells.
“On the morne, which was Satirday, the King erly arros and harde 2 masses, wherof the Lorde John Fox, Bishop of Excester, sange the ton; and the King had 5 good and true men of the village of Ratecliff, whiche shewde his grace the beste way for to conduyt his hoost to Newark, whiche knew welle the countrey, and shewde wher wer marres, and wher was the river of Trent, and wher wer vilages or grovys for bushements, or strayt weyes, that the King might conduyt his hoost the better. Of whiche guides the King gave 2 to th’ Erle of Oxinforde to conduyt the fowarde, and the remanent reteyned at his pleasure. And so in good order and array, before 9 of the clok, beside a village called Stook, a large myle oute of Newarke, his fowarde recountrede his enemyes and rebells, wher by the helpe of Almighty God, he hadde the victorye. And ther was taken the lad that his rebells callede King Edwarde, whos name was indede Lambert, by a vaylent and a gentil esquier of the Kings howse, called Robert Bellingham. And ther was slayne th’ Erle of Lincoln John, and dyvers other gentilmen, and the Vicount Lorde Lovell put to flight. And ther was slayne of Englishe,Duche, and Irishemen M IIII. And that day the king made 13 baneretts andLIIknyghts, whose names ensueth.
“Theis bee the names of the baneretts:
Sir Gilbert Talbot,
Sir John Cheyny,
Sir William Stow,
TheisIIIwer made byfor the batell.
“And after the batel were made the same day:
“And after the batel were made the same day:
Sir John of Aronndell,
Sir Thomas Cokesay,
Sir John Forstin,
Sir Edward Benyngfelde,
Sir James Blount,
Sir Richard Crofte,
Sir Humfrey Stanley,
Sir Richarde de la Ver,
Sir John Mortymer,
Sir William Trouthbek.