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A30714 The survey and antiquitie of the towne of Stamford in the county of Lincolne with its ancient foundation, grants, priviledges, and severall donations thereunto belonging : also a list of the aldermens names, and the time when they were chosen : with the names of 10 Lord Majors (of the Hon. city of London) borne in the foresaid county of Lincolne / written by Richard Butcher, Gent. ... Butcher, Richard, 1583-1665? 1646 (1646) Wing B6261; ESTC R2120 34,702 55

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following Verses which in part doe resemble the free and large liberties and graunts to inferiour Corporations The King gave him for his Inheritance The County of Chester with the appurtenance Made a sure Charter to him and his succession By the sword of Dignity to hold it by might And to call a Parliament to his will and fight To order his Subjects after true Iustice As a praeporent Prince and statutes to devise This Hugh Lupus for the better ayding of him in his Government and for the more compleating of him in his Parliament which shou●d bee the fountaine of his Lawes to rule by substituted and made under him these Eight Barons That is to say 1 Robertus filius Hugonis Baron de Malpas 2 Richardus de Vernon Baron de Shibbrooke 3 Willielm●● Malbanc Baron de Nampwich 4 Willielmus filius Nig●lli Baron de Halton 5 Hamo de Mascy Baron de Dunham 6 Gilbertus de Venables Baron de Kilb●rton 7 Hugo filius Normandi Baron de Hawardin 8 Nicholas de Stock-port Baron de Stock-port In like manner as this Earle and his Barons assembled in the great Hall in his Castle of Chester had the power to make Lawes and Constitutions for the government of that his County so hath this lesser body aggregate the survey of which I now write a power within themselves in their common Hall assembled to make Lawes as peculier and proper rules for their better Government the said assembly being a little Court of Parliament if it be lawfull for me to compare small things with great or like a Cosmographer to frame a modell of the great World in one small skin of Parchment for in this small modell is a representation of the highest and greatest Government For here the Alderman as the chiefest Magistrate represents the person of the King his Brethren the Comburgesses sitting round about him as so many Peeres of the upper house the Capitall Burgesses which wee here call the 24 being Senatores minorum gentium are the representative Body of the whole Towne and in their place doe symbolize with the lower house of Parliament The Recorder being the mouth of the Court doth represent the Speaker in this Michrocosme the Town-clarke the Register or Clarke of the same The gilded Mace-bearer the Serjeant at Armes and the Iaylor being the arresting Serjeant in the Liberty the Knight of the Black rod Now in pursuance of that power given to this Corporation for the making of good and wholsome Lawes for the better government of the same Richard Wolphe Gent. Alderman of the said Towne at a common Court or Hall there held the 15th day of March in the Sixth yeare of the Raigne of our Soveraigne Lord King CHARLES that now is c. With the advice and consent of the Comburgesses and Capitall Burgesses in the Common Hall assembled Did ordaine and constitute as followeth I. THat no new Habitation shall be erected in the said Town unlesse it be made fit for the dwelling of such person or persons as shall be Cessed or fit to be cessed in the Subsidie at xx s in Land or iij.l. in Goods at the least excepting Hospitals and houses of Correction upon peyne to forfeit to the Alderman and Burgesses or their successors the summe of x.s. for every Moneth that such Cottage or new building shall be used for habitation 2 That no Barnes or other houses shall be converted into Tenements and no ancient Tenement shall be devided into sundry habitations except the same so devided shall be made fit for the dwelling of Subsidie men of xx s lands or iij.l. goods the erecter to forfeit x.s. Monethly and the tenant v.s. monethly to the use aforesaid 3 That such who take in Inmates shall forfeit x.s. monthly to the use aforesaid 4 That none shall let or assigne any Tenement to any one not assessed or fit to be assessed at xx s lands or iij.l. goods except to Fréemen that have not discontinued from the Towne with their family by the space of one yeare before unlesse the Landlord become bound with the tenant or one other sufficient suerty in 40. l. to save the towne harmless upon peine of five pound forfeit for the contempt and x.s. monethly for the continuance by the Landlord and v.s. monethly by the tenant to the use aforesaid 5 That these orders extend not to any that take in tenants of xx s land or iij.l. goods in ye subsidy except they be Inmates 6 That the Alderman for the time being with two of the 〈◊〉 Camburgesses to the place not being offenders shall be iudges whether such erections be meet for the habitation of such Subsidy men 7 That the Stréets and Lanes in the said towne be clensed every Saterday by the adjacent Inhabitants or the parties delinquent to forfeit for every offence vj.d. and the Constables in that precinct to forfeit for not presenting every offence at the next Sessions after the same is committed ij.s.vj.d. to the use aforesaid 8 That no Alderman shall presume to make any a Fréeman out of the Town-hall unlesse the same be granted in the open Hall and the fine for such Fréedome there assessed upon peyne to forfeit v.l. to the use aforesaid 9 That no Tradesman whatsoever except Fréemen by birth or service shall presume to open any shop or to sell any wares untill they have agréed for their Fréedome upon peyne of forfeiting x.s. for every Month they shall so do to the use aforesaid 10 That all the Conduits common Wells and Pumps about the said Town shall from time to time be repaired at the Town charge upon pain of forfiture of vj s.viij.d a peece by the two Chamberlains to the use aforesaid 11 That so many of the Comburgesses or Capitall Burgesses as shall be dwelling within the parish where the Alderman or his Deputy for the time being shall dwell having no lawfull excuse to the contrary shall attend upon the said Alderman or his deputy to and from his parish Church upon every Lords day both before noone and after noone if there be any Sermon at the said Church upon pain for every one offending to forfeit for every offence the summe of iiij d to the use aforesaid 12 That all such as have built upon the Town walls or upon the Rampier thereof or made any doores or gates out of the said walls within the space of 40 yeares before these ordinances shall take Leases from the Town of the said passages or shall forfeit xij d for every Month they shall continue the same without Leases to the use aforesaid 13 That the Pinder of the said Town shall impound and take i.d. for every beast that he finds in the Town stréets and in the liberties thereof not put before the common Heard 14 That all the forfitures aforesaid shall be payed to the Chamberlaines for the time being who in default of payment shall recover and leavie the same by action or actions of debt or
Tower-Roll in the third yeare of King Edward the first Per veredictum duodec●m minorum Ville de Stamford R●tul hundred Lincoln ibi fuerunt duodecem qui vocantur LEGEMANI qui sic vocabantur quia ab antiqu● fuerunt Iudices legum in eadem Villam Whereby it is manifest that in those dayes there were Twelve men in Stamford which were called Legemani because they were Iudges of the Law and had the law in their hands for the Government of this Towne Edward the 4th in the first yeare of his Raigne Anno Dom. 1461. by his Charter directed to George Chapman the first incorporate Alderman and others both of the upper and lower Bench then called the Comburgesses and Capitall-burgesses being then the first and second Twelve as they are more particulerly named in the said Charter but since inlarged by a later Charter To the Alderman and twelve Comburgesses and to the number of 24 Capitall Burgesses did incorporate the said Towne both in Name and Deed by the name of the Alderman and Burgesses of Stamford and thereby gave or rather confirmed unto the same many great and profitable Priviledges as to be freed from the Sheriffes jurisdiction and from being put on Inquests out of the Towne to have the returne of all Writs to be freed from all Lords Lieutenants or their Deputies in respect of taking of Musters as touching the Militia of the said Towne making the Alderman for the time being the Kings immediate Lieutenant within his Liberties and Iurisdiction and to be within the same the second man within the Kingdome to have one or more Mace or Maces of Gold or Silver at his choyce to be carried before him for his greater honour and dignity to have a common Seale at Armes and for the more honour thereof the same are allowed to be the Armes of England both in Field colour and posture without difference impaled with the checkie Coat Or and Azure of Earle Warren the ancient Lord as hath been said of this Towne and further to doe and execute within the same and Liberties thereof Vt ab antiquo usu fuerunt as of ancient time they had been accustomed which makes it evident that this Charter is but a new Confirmation of more ancient Priviledges The Naturalists report that the Viperous brood are procreated by the destruction of both the Parents the Male destroyed in the act of generation the Female at the time of bringing forth Such a generation of Vipers have frō time to time unfortunatly been gotten and brought forth in this Town I meane men who have been begotten into prime O●fices by the votes and suffrages of others by which very act they have proved the ruine of those which begat them and being conceived in the wombe of their Offices to make themselves a Birth to their better benefit and greater prefe●ment have torne out the bowels of this their nourishing Mother by purloyning from her her ancient Records Charters and miniments rending to the death and destruction of this Corporation only to advance their private designes together with the designes of the Townes common enemy whereby our ancient Immunities appeare no otherwise then scatteringly here and there upon the Tower Roll little better then meere circumstances yet pregnant Evidences of more ancient Priviledges So that at this day wee ca● shew none under any authentick warrant beyond the first yeare of the Raigne of King Edward the fourth But to proceed since the obtaining of this first Charter the same hath been Confirmed by divers Iuspeccimusses from all the succeeding Kings and Queenes that have been Soveraignes to the time of King CHARLES that now is and divers new Grants added as the Munday Market the three Fayres of Simon and Iude Gréene-goose Fayre and St. Iames Fayre having formerly but the Friday Market and the great Mid-lent Mart the profits of which only belong to the Lord these later to the Corporation By a late Inspeccimus there is granted to the Alderman and Burgesses to hold a Court of Pleas of all actions Reall personall or mixt to the value of 40. l. And to hold Sessions and Goale delivery for all Criminall actions perpetrated and done within the Liberty high Treason and pettie Treason only excepted This Towne hath as many other ancient Boroughes of England have a power to send up two Burgesses to every Parliament So that they have not only the power to execute Lawes but also a share in making of lawes And here is to bee observed the reason why the Princes and policy of England have had a regard as it were to the fencing and hedging about the Cities and ancient Boroughs of this Land with Priviledges and Immunities for the stronger defence preservation and maintenance of the same and that for divers great and weighty ends and purposes In the time of William the Conquerour it is constitured by the said King in these words Item nullum Mercatum vel forum sit nec fieri permittatur nisi in Civitatibus Regni nostri in Burgis clausis muto vallatis Castellis locis tutissimus ubi consuetudines Regni nostri jus nostrum commune dignitates Coronae nostrae quae constitutae sunt a bonis Praedecessoribus nostris deperire non possunt nec defraudari nec viol●ri sed omnia rite ●er judicium justiciam fieri debent Et ideo Castella Burgi Civitates sunt fundatae edificata scilicet ad tuitionem gentium populorum Regni ad defencionem Regni idcirco observari debent cum omne libertate et integritate et ratione So as by this it appeares that Cities and ancient Boroughs as this Towne is were instituted for three purposes First the conservation of the Customes of the Kingdome and the common Right and Dignity of the Crowne 2. For the defence of the Nation and the people of the Kingdome 3. And as for the defence of the Kingdome so for the conservation of the Lawes thereof by which Lawes every man injoyes his owne in Peace for tuition and defence of the Kings subjects and for the keeping of the Kings peace in time of suddaine uproares and finally for the Defence of the Realme against outward and inward hostilitie And indeed the Graunts of Kings and Soveraigne Princes either to Counties Cities or Townes corporate makes such Counties Cities and Townes corporate as it were small County Palatines within themselves in giving them power for the better Government of such places to have Magistrates of their owne members and for their more ample Authority and peculiar rule to make Lawes constitutions and ordinances to bind themselves and every member within their Iurisdiction When the Conquerour created Hugh Lupus Earle of Chester he made that Shire a County Palatine upon which Creation Henry Bradshaw a Munk in Chester about the beginning of King Henry the 8. speaking of the manner of the Conquerours graunt to the said Hugh hath these
of Armes ●●s●ulped in the store about it as the Armes of Castil● and L●●n ●ua●●ered being the paternall coat of the King of Spain and divers other Hatchments belonging to that Crown which envious time hath so defaced that only the ruins appeare to my eye and therefore not to be described by my pen This Crosse is called the Queens-Crosse and was erected in this place by King Edward the first about Anno Dom. 1293. The occasion of this erection was in memory of El●nor daughter to Fardinand the third of that name King of Castil● and wife of the said King Edward the first a most Religious Chast and vertuous Lady who as the story goes when her husband was wounded with an invenomed arrow at the Warres in Palestine with her own mouth she sucked the poyson out of the wound and so healed her Lord when all his Chyrurgions Physitians had left the wound for mor●●ll This Queen fal●ing sick at H●rdeley beyond Lincolne there dyed the 9th of November 1290 and her Corpes being brought from thence to be buried at Westminster in every place whne the same rested by the way King Edward the first shortly after caused in memory of her a most sumptuous Crosse of stone to be erected neer the place some of which are standing and remaining if not lately destroyed till this day as at Lincolne Grantham Stamford Waltham and Charing-Crosse neer unto Westminster yet appeareth At the upper end of the middle quire of this Church of St. Maries in Stamford there stands a monument more curious for the workmanship then for the matter whereof it is framed having no superscription nor Armes to de●ote unto us who the party was that it was made for He lyeth in Armour Cap●pe The tradition is that he was a Knight who went by the name of Sir Daniel Phillips a great man for Henry Earle of Richmond in the battaile against the Tyrant Richard the third But I suppose he was one of a more higher rank and of the blood Royall for at his feet there is a Lyon Co●chant and round about the Tombe Roses the culler not perceived supported by a Grayhound and a Dragon being hatchments of honour appertayning to the Crown of England At the upper end of the midle quite in the glasse window did stand before they were lately defaced three Scu●chions of Armes the first Gules a ●esse betwixt six crosse Crossees de Or being the coat Armor of B●●champ sometimes Earle of Warwicke likewise another coat viz● Argent a Pesse between three Cressents Gules which is the coat of Oagle of Pinchback in the County of Lincolne from which family as to me appeares the Baron Oagles of the North are descended because these Oagles of Lincolnshire bear the paternall coate without difference the third is Azure● Crosse fitched between 2. Eagles wing Or in the midle window on the South side of the said Church before the same was defaced there stood the coat Armor of Shelton of Norfolke viz● Azure a Crosse Or. Upon the North side of the golden Quire in this Church in the Wall of the fame there is a Monument lying in Armor Cap●pe but having neither Scutchion not superscription s●●ing that in the glasse window neer to the same there sometimes and but lately their stood a shield of Armes Sable three Lyons pawe● cupped and erected Argent armed Gules which Coat belongs to the name of Vsher and this makes me to conceive that this party was of that Family In the midst of the flore of the said golden Quire lies buried under a faire stone of blew Marble plated very curiously with Brasse work William Hi●km●n sometimes Alderman of Stamford who at hi● own cost and ch●●ges did gild over the roof of the said Quire the full portrature both of him and his wife in Brasse did lately lie fixed upon the same stone In the upper window of the quire of St. Georges Church are portrayed kneeling as in St. Georges Chappell at Winsor before the picture of that Saint Edward the third his Queen the Prince of Wales and Henry Duke of L●ncaster all in their Robes of the Order of the Garter and in the windowes on each side the said Quire are portrayed acco●ding to the first institution the first Knights of that Order that were made kneeling in their Garter Robes upon their Surcoates of Armes which said Order was unded by the said Edward the third the names of the first Knights of this Order are set down in order Edward the third Edward Prince of Wales Henry Duke of Lancaster 〈◊〉 Earle of Warwicke Cap●tain● De Bouch● ●aphe Earle of Stafford William de Mount●ac●te Earle of Salisbury Roger de Mortimor Earle of March Iohn de I●sula Bartholmew Burwash Iohn de-Belle Campo Iohn de Mohum Hugh Courtney Thomas Holland Iohn Gray Richard Fitz-Symon Miles Stapleton Thomas Walle Hugh Wrothesley Nigellus Loring Iohn Chandos Iames Audley Otho Holland Henry Eme Zachetus Dabridgcourt William Paganell In the Windowes of the said Church in sundry places appeares the Coat Armor of divers ancient and Noble Families there is the Coat of Earle Warren the ancient Lord and owner of Stamford Checkie Or and Azure There is likewise the Armes of Sapcote who bears Sable a Pidgion Coat erected Argent The Armes of Le Grosse being Or a Ccheverne betwixt three Roses Gules is likewise placed in the lower Window of the said Church towards the South There is likewise in an other window on the same side the Coat Armor of Molene●x of Haughton in the County of Nottingham who beares Azure A Crosse Moly●e quarter pierced Argent Which severall Monuments of Armes were here placed either in regard the bearers of them were benefactors to this Church or had Lands and possessions in the same Parish In this Church of All-Saints I observe not any Monument of Stone worth the noting and very few Monuments of Armes in the Windowes The Armes of the Town of Stamford Gules three Lyons passant Or impaled to Earle Warren Or and Azure Checky stands on the North side of the lowest window West on the South side of the same window stands the Armes of the Marchants of the Staple being Nebile of six pieces Argent and Sable a chief Azure charged with a Lyon passant Argent my conjecturall reason is touching the placing of these Armes in this window that the said window was first built at the joint charge of the Town and of William Brown who was as hereafter shal appeare a great benefactor to this Church and was a Marchant of the Staple For the parishes of St. Iohns and St. Michaels in Stamford I doe not observe any Mon●ment worth the noting neither in the quires bodies or windowes of the said Churches There is in the upper end of the midle Quire of this Church of S. Martins neer Stamford a stately Mausolean Monument built in the memory of VVilliam Cecell Lord Burley standing just over the Vault in which