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A14575 The order and vsage of the keeping of a parlement in England, and The description of tholde and ancient cittie of Fxcester [sic]. Collected by Iohn Vovvel alias Hooker gentleman; Order and usage of keeping of the parlements in England Hooker, John, 1526?-1601.; Hooker, John, 1526?-1601. Discription of the cittie of Excester. aut 1575 (1575) STC 24887; ESTC S119300 57,649 106

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se dederunt 7 Also in the second yéer of King Stephen Anno. 1137. the Lords and Péeres of the Realme remembring the othe they had made to King Henry the first to whome they swore to bée true to Maude the Kings daughter and to her heires and yet contrary to the same had sworne them selues to King Stephen began to repent them selues and consulted how to restore Maude the Empresse wherfore assembling togither in armour did deuide them selues and took sundry Cities Castels And Baldvvin Ridiuers Earle of Deuon with force of Armes tooke this Cittie whom King Stephen pursuing did driue him out of the same to the Islle of VVight then his Lordship But the King when he had receiued the Cittie into his faith did march towards the Isle of VVight and taking the same did banish the said Earle But Maude the Empresse remembring this Cittie for this faith did enlarge the liberties for whom euer after an aniuersary was kept at the charges of the Cittie Howebeit some say that this Baldvvin took Oxforde or Westchester and not Excester and from thence fled to VVight 8 It was also in some trouble in the xi yéere of King Richard the second Anno. 1387. For a controuersie béeing befall betwéen the King and his Vncles the Dukes of York and Glocestre none were then so much in the Kings fauour as Robart Vere Marques of Doublin Michael Dalapool Earle of Suffolke and others of their faction whome the King commaunded to collect and assemble an Armye in and for his defence agaīst his vncles but they whether they mistrusted their owne parte or whether they were minded to make them selues stronger leuing their iorney towards London came to this Cittie the Dukes vnderstāding the same pursued thē with all spéed and at this Cittie ioyned battail and fought with them but the Marques and the Earle trusting better to their féet then to their hands did preuily flée away into Scotland and frō thence into flanders where they dyed 9 It was also in great troubles in the time of King Edvvard the fourth for in the x. yéer of his reign Anno. 1469. when the states of King Henry the vj. and King Edvvard the fourth were doutful The Duchesse of Clarence the Lord Dinham the Lord Fitzvvarren and the Baron of Carewe with others who took parte with Henry the vj. came to this Cittie accompanyed with a thousand fighting men the Duches béeing great with childe and lodged in the Bishops place But Sir Hugh Courtney Knight who fauored and was of the parte of King Edward hearing of this raised an armye of his fréends and Allies besieged the Cittie brake down the Bridges and stopped all the waies comming towards the same by meanes wherof no Victualles could come to the market And béeing encamped about the Cittie sent vnto the Mayor requiring him either to open the Gates or to deliuer the gentlemen whiche were within The gentlemen which were within they of their parties either mistrusting the Mayor or Comons or not willing to be ruled vnder his gouernment requied the keyes of the gates to be deliuered into their custody and all things to be doon as at their appointment In which perplexitie and doutful estate the Mayor and his brethern consulting did resolue and determine neither to yéeld to the request of them which were without nor yet to satisfie their requests which were within but pacifying bothe partyes with such honest and quiet meanes as they might did conclude to kéep the Cittie and them selues as to their allegiance appertained to the vse of the Crown wherfore foorthwith they rampred the Gates fortified the Walles and armed their Souldiers and set all things in good order leauing nothing vndoon which might be for the preseruation of the state and common welth of the Cittie But in small processe of time the prouision waxed short and victualles began to be scant where of it was feared a famine would insue the same béeing so hard a thing as so great a number of people would not endure and abide Yet notwithstanding partely by the good peswasions of the Magistrates and hauing a regarde of their owne dutyes and estates and hoping this troublesome time would not long indure did continewe firme and trusty in their cause vntil at length by way of intreatie and mediation of certain Chanons of the Close the siege was after xij dayes remooued and raised whervpon very shortly did insue the féeld at Edgecourt where the Duke of Clarence and the Earle of VVarwick be●●ng put to the worst did flée to this Cittie entring in the third of April lying in the Bishops Pallaice for a few dayes vntil they prouided Shippes at Dartmouth fit for their passage to Calleys The King hauing vnderstanding whiche wayes his enemyes were gon followed and pursewed them with an armye of xl thousand men and came to this Cittie the xiiij of Aprill Anno. 147● but he came to late the Duke and the Earle beeing gone to the Seaes before his comming wherfore the King after he had reposed him self heer three dayes returned 10 It was likewise in great trouble béeing besieged the x●j yéere of the reign of King Henry the vij Anno 1498. by one Parkin VVarbeck who in the beginning of September came to this Cittie and encamped it with Ordinaunce battred the walles fired the gates vndermined the walles and sealed the same but by the noble courage of the Citizens he had small successe béeing manfully resisted vntil suche time as the King aduertised therof did send the Lord Edvvard Courtney Earle of Deuon and the Lord VVilliam his Sonne with other Noble men who reskewed the Cittie and deliuered it from the enemye 11 Finally and last of all it was besieged in the third yéere of King Edvvard the sixt Anno. 1549. by the Commons of Deuon and Cornvvall who not contenting them selues with the state of Religion then established clustered them selues in companyes appointed to them selues Captaines and minded by their force to vndoo that which the Prince by Lawe and Act of Parlement had established wherfore to redéeme all such places of force welth and defence into their owne hands whiche might in any respect serue for their ayde and defence came to this Cittie the second of Iuly 1549. and encamped them selues about the same in great numbers during the time of their abode besieging great troubles arose sōetimes assaultꝭ made sometimes the gates fired sōetimes the walles vndermined some times skirmishes made some great laromes to defēd the walles against scaling finally nothing was left vndoon which the enemyes might deuise for the obteining of their purpose And albeit there wāted not lusty stomakes of the Citizens to withstād this outward force yet in processe of time such scarcitie of Vitualles did encrease Bread wared so scant that the people began to waxe wery and lothe to abide the extremitie therof whiche was so extreme that
neither fear god nor hate iniquitie which are of no experience or knowledge sit in Senate of the wise and giue iudgemēt emong the graue and learned Finally if the olde Senators and wise Fathers ought there to sit in ancient order and in graue maner what place is there for punies rash heddes and yung men who hauing no learning and lesse experience are caried away as a fether with the winde with euery light toy making no account nor hauing any regarde at all to the publique weale And surely that our Parlements should be kept in such order the good ancient Kings of this realme with great aduise did so ordain and great penalties are prescribed and punishments appointed against such as shal be remisse in obseruing or guiltie in the breach therof If we therfore for whose safetie and preseruation so good and wholsome lawes which haue been made and heertofore obserued should degenerate from our forefathers and be remisse or carelesse in the keeping of the same let vs be assured that as we shall right worthely so shall we assuredly feel the smart therof to the vtter destruction of our selues the subuertion of the common welth and decay of our posteritie for so hath it happened and be fallen to all the estates kingdomes Realmes Citties and common welths of all the world whose destruction and decay began with the contempt and decay of their lawes and orders Where is the wel gouerned estate of the Atheniences What is become of the noble estate of the Romains What is become of the prudent gouernment of the Ephoros in Sparta Nay what is become of the Israelits the chosen people of God are not they driuen out of their owne land and become vagabōds through the whole world are not they so lothesome that all sorts of people doo in a manner shun and abhorre them It is an olde saying Felix quem faciunt aliena pericula cautum happy is he that can beware by an other mannes harme Wel if their be any feare of God in vs if any zeale to our cōmon weale any care of our posteritie or account of our owne safetie let vs haue an ernest regarde to the preseruation of that which is the preseruation of vs Let vs keep that which keepeth vs maintain that which maintaineth vs and defend that whiche defendeth vs Let vs preuent and beware that in choice of the Knights Citizens and Burgesses none be chosen which are straungers to the common welth yung of yeeres weke of discretion and timerose to speak but such as are graue wise anciēt and expert fearing God dealing truely according to the ancient orders lawdable customes and prescribed lawes of this Realme And for asmuch as the orders vsages and customs of the Parlements of this Realme are for the most part and to most men hidden and vnknowen and yet moste expedient and necessary that none should be ignoraunt of them I haue thought good vpon considerations to make a collection of them and finding some alteration and varietie of the Parlements in these dayes from them which were vsed in the elder dayes I haue made the discription bothe of the one and of thother The first and ancientest orders I haue translated out of an olde and an ancient Lattin Record which I haue of the Parlemēts kept in the time of King Edward the Sonne of King Etheldred named Edward the confessor about the yeer of our Lord. 1046 which were duely for many yeeres before and after his dayes kept and obserued The others are of mine owne deuise and collection according to that which I saw and learned at the Parlement holden at Westminster in the xiij yeer of the reign of Queene Elizabeth Anno. 1571. at which I was present being one though vnworthy of the said house and assembly I haue beē the more willing to set the same foorth because I knowe it moste necessary and needful to be knowen and that it toucheth the whole estate and common wealth of this Realme very neer For if the Rulers and gouernours of Citties and townes doo not more carefully look to the choice of their Citizens and Burgesses their states may paraduenture be in daunger to be shaken and their gouernments be in peril to perish And as for zeale and good wil to the whole common welth and my natiue Contrey I haue taken this little trauail so of bounden deutie I haue thought good to offer and presēt the same vnto you partely that a Legiar memoriall of so worthy and necessary a matter might remain and be emong your Records for the better instruction of your selues and all others which shal repair vnto you for the same But cheefly to yeeld my self vnto you moste humble and thankful for your good wil and tender affection towards me for albeit you had the choice of sundry wise men which for their grauitie experience and knowledge farre exceeding me were more fit to haue supplyed a place in that honorable assembly yet you of a good wil conceiuing the best made choice of me preferring me before the wise and ioyning me with the discreet and although by meanes of sicknes the vse of my speech not seruing I could not speak my minde in that pluce as of duety and consciēce I ought and would haue doon yet in such credit of that assembly I was that by a whole and a generall concent of the Parlemēt I was eftsoones chosen to be a Comitte in sundry matters of charge and importaunce and they with whome I was ioyned although they were personages of much honor and great experience yet such credit they gaue to my words and so allowed of my sayings that with good allowance they relyed vnto the same Whatsoeuer credit or cōmendation groweth to me heerby I doo must and wil wholly impute it vnto you And therfore as one bounden vnto you and altogither dedicated to your seruice and commaundement I doo offer this my simple and rude collection vnto your worships praying and beseeching you not to haue respect to the simplicitie rudenes and sclendernes of the matter offred but to the good wil of the offerer I haue before this attempted and begun to to draw and make a discourse of the antiquitie estate and gouernment of this Cittie thinking when I began I should long ere this haue absolued the same and haue offred it vnto you But in the middle of my trauails beeing by your consēts called to folow the weightie affaires of the right worshipful Sir Peeter Carew knight in Ireland I was cut of and dissapointed sithens beeing returned I haue for the moste part been so ouer charged with sicknes and mine affections haue been and are so distempered as that oportunitie and power haue not yet serued to folow the absoluing of that whiche my good wil and ernest desire wissheth Neuerthelesse hauing perused the discription of this Cittie which was of mine owne collection I haue vpon the sight of more matter enlarged augmēted and brought the same to such a perfection
west side of the Riuer and th' other within her manor of Topsham béeing in the East side of the Riuer leuing between the said twoo weres a certain aparture or open roume of thirtye foot through which all Botes Shippes and Vessails without let might haue their vsuall passage and repassage towards and from this Cittie The said Earle to abridge destroy this commoditie did leuye build a new Weare in the said open place stopping filing and quirting the same with trées timber and Stones in such sort that no vessail could passe or repasse After him Edward Courtney Earle of Deuon and Nephew to the said Hugh did not onely maintaine and continew the fact of his ancester and grandfather by dayly repairing and defending the same but also woorking an vtter destruction for any passage for Shippes thencefoorth to the Cittie vnder pretēce to buyld certain Milles did erect and make two other weares the one Sainct Iames ouerthwart the Riuer and the other at Lamperford by meanes wherof not onely the Cittie susteined the whole losse of their hauē but the whole Contrey adioyning for which iniuryes vpon complaints made writs and commissions of inquiry were sent out the said Earles for the same by verdict and presentment at seuerall times found guilty but such was his authoritie and power that it auailed nothing Neuerthelesse the said Earle Hugh the water course vnto the Cittie thus destroyed buylded a place called a Key for the charge and discharge of all Wares and Merchandise within that port at a Town of his owne called Topsham distant from the Cittie about thrée miles from whence euer sithence all wares and Merchandises haue béen caryed and recaryed to and from the Cittie by Horse Cart or Wain though to the gain of the Earle and his Tenaunts yet to the great trouble and hindraunce of this Cittie and Merchaunts therof Neuerthelesse the port hath euermore yet dooth retain his olde and ancient name béeing called the Port of this Cittie of Exon and alwaies hath béen and presently is a tribute paid vnto the Cittie for all kindes of wares and Merchandise discharged within that Port and called by the name of the pettie town costome And albeit the water course thus destroyed can hardely be restored to his olde pristinate naturall estate for that through long continuaunce the olde course cannot be discerned yet now at length after many attempts and great expences a water course and passage begun in the yéer 1564. is recouered and by sluces Botes and vessailes of xx tunnes tight are brought to the Citie and there discharged at the olde and ancient place called the VVater gate Where is buylded a fair and a large Key or Wharf as also an engine called a Crane fit for the purpose Within this Cittie were sometime but few parish Churches but when that Innocencius tertius in the yéere of our Lord. 1198. had established the Article of Transubstanciation adding the same to the Simbole as appéereth in the Decretal titulo de summa trinitate canō firmiter thē his next successor Honorius Anno. 1218. did not onely confirme the same but also decreed Reseruation Candlelight and praying for the dead as appéereth Decret titulo de celebratione missarum canon sane cum et sane cum creatura by which meanes the number of Préests did not onely increace but Churches also in all places begā dayly to be buylded And therfore in this Cittie in the yéer of our Lord 1222. béeing the .vj. yéere of Henry the third the parish Churches therin were limitted out and augmented to the number of xix Churches within the Cittie and suburbes of the same And moste certain it is that in times past they were liuings competent and sufficient to maintain an Incumbent but that kinde of Religion now auoyded the Gospel preched the liuelihods are so small as not sufficient to maintain a poore Clark or Scoller which is the cause that so many of them dooly vacant without Incumbents Besides these parish Churches there was also a Monastery sometime of Monkes of Saint Benets order but sithence a Cathedrall Church béeing very fair and sumptuously buylded with free Stones and the Pillers of grey Marble standing and scituated in the East parte of the Cittie which as some doo reporte that Etheldred the third Sonne of Echelwolphus should first found and buyld Some think that King Edgar did it trueth it is that bothe the said Kings buylded euery of them a house of Religious persons within this Cittie but the first was vtterly burnt and destroyed by the Danes and th' other in processe of time vnited to the Monastery which now is a Cathedrall Church which is moste certain and trew that King Athelstane the Sonne of King Edvvard the elder did bothe foūd and buyld it as it dooth plainly appéer in the history of the said Church where it is written Athelstanus subiugatis cornuquallen sibus reuersus est ad ciuitatem que antiquitus Muncketon vocabatur nunc autem Exeter ac ibi sedens Anno. 932. non tam lacerata eiusdem Ciuitatis maenia reparabat quin et mansum quoddam dedit ad fundandum Monasterium pro monachis Deo et Sancto Petro famulantibus This King besides his expences charges in building of this Church which at the first was but small placed therin Munkes of S. Benettes order prouided liuelehodes for them and made vnto them a gouernor and Ruler called by the name of an Abbote towards whose liuelihodes he gaue Morckshull and Treasurers Beare which at these presents doo yet remain béeing annexed to the dignitie of the Tresurership The Church thus begun Kings Princes and noble men from time to time were gladly contributors to the absoluing and finishing of the same For about lxxx and od yéers after Adlestene King Knoght called Cahutus or Canutus at the sugestion of one of his Dukes named Athelred did confirme and graunt to Athelwolde then Abbot of the said Church to his successors many and sundry priuileges and liberties vnder his Letters Patentes dated the second yéer of his reign Anno domini 1019. After him néer about xxx yéeres King Edward the confessor remooued the Munkes vnto VVestminster and made this a Cathedrall Church remoouing the Sea thē at Crediton to this Cittie making Leofricus Bishop therof as appéereth by his letters Patents dated the viij yéer of his reign An. 1050. Howbeit the Munck of Bury and Polidorus others doo affirme and write that the setling of this Bishops seat in this Cittie was in the xij yéer of VViliam the Conquerour for thus they write Habitum est Londini sub Lanfrāco Antistitum et sacerdotū comitium quo decretum est quod aliquot sedes Episcopales que in opidulis et pagis ante fuerant in vrbibus et locis celeberrimis collocarentur quo factum est vt Bathonia Lincolnia Sarisburia Exonia Cestria et Cicestria vrbes huiusmodi nouis Episcoporū