King Athelstan

NOTE.

It is most highly probable that the original Charter granted by King Athelstan no longer exists. A 15th Century Transcript is preserved at the British Museum (Cotton M.S., Vitellius C. IX., f. 200) and printed copies of it may be found in Birch’s Cartularium Saxonicum, Vol. II. p. 428; Rymer’s Foedera, Vol. IV. p. I35; Kemble’s Codex Diplomaticus, Vol. V. p. 251. Another version occurs on Patent Roll. 5 Richard II., part 1, membrane 12, in an Inspeximus and Confirmation of the Charter of Athelstan by King Richard II. An Abstract of this, in English, may be found in the Calendar of Patent Rolls, 1381-1385, p. 54, published by H.M. Stationery Office.

I

15TH CENTURY MANUSCRIPT

in

The British Museum (Dept. of MSS.).
(Cotton MS. Vitellius. C. IX. f. 200).
Translation from the Latin.
THE ORIGINAL CHARTER TO Y BURGESSES OF MALMESBURY.

[I]1 Athelstan, King of the English, on behalf of myself and my successors grant to my Burgesses and to their successors of the burg of Meldufu4 that they may have and hold always all their tributes and free customs,2 as they held them in the time of King Edward my father, fully and in honour.

And I enjoin on all beneath my rule that they do no wrong to these Burgesses, and I order that they be free ‘from claims and from payment of scot.3

And I give and grant to them that royal heath-land of five hides of land near my vill of Norton, on account of their assistance in my struggle against the Danes.

The Charter of this grant has been confirmed by my seal, by the witnessing of Edmund, my brother, and by the advice of Master Wolsin my chancellor and Odo my treasurer and Godwyn.

Godwyn, who bears the King’s standard, obtained this on behalf of the Burgesses.

NOTES.

Latin copied correctly by Birch (Cartul. Sax.). Slightly different versions given by Kemble and Thorpe ; but apparently from same M.S., of which they had faulty transcripts.

  1. Probably Ego, but M.S. torn away here.
  2. Consuetudines. Usually means ” customary exaction.”
  3. Scot. Usually means “local community taxes.” Kemble’s and Thorpe’s variations are only in grammar, spelling and the omission of ” King ” before ” Edward.”
  4. Melduf in Kemble E Richard IL Regrant.

Rymer. Foedera. Vol. IV. contains the following (in Latin), printed. It is a different version of Athelstan’s Charter from that in the Cotton MS. The source apparently was extant in the Tower of London in Rymer’s time.

TRANSLATION.

Concerning the confirmation of the Charter granted by Athelstan, formerly King of England, on behalf of the Burgesses of the town of Melduln.

THE KING, greeting to all whom it may

A.D. 1381. concern. We have examined the Charter

An. 5 Ric. II. which the lord Athelstan, formerly King of England and our ancestor, granted to the

Pat. 5 Ric. II. Burgesses of the town of Meldulf in the

p. 1. m. 12. following words.

in Turr. Lond.

+ I, Athelstan, King of the English, on

behalf of myself and my successors, grant to my Burgesses and to all1 their successors of the burg of Meldulf that they may have and hold always all their tributes and free customs, as they held them in the time of King Edward my father, fully and honourably.

And I enjoin on all beneath my rule that they do no wrong to these Burgesses, and I order that they be not molested by claims for burghbote2 [tribute for repairing town walls], brugbote [tribute for repair of bridges], wardwyte [tribute for upkeep of a guard], horngeld [cattle-tax] and scot [customary tax].

And I give and grant to them that royal heath-land of five hides of land near my vill of Norton, on account of their assistance in my struggle against the Danes.

The Charter of this grant has been confirmed by my seal, by the witnessing of Edmund, my brother, and by the advice of Master Wolsin my chancellor and Odo my treasurer and Godwin.3

Godwin, who bears the King’s standard, obtained this on behalf of the Burgesses.

Now WE, holding the aforesaid Charter and all that it contains to be valid and agreeable to us, accept, approve and ratify it as far as in us lies, on behalf of ourselves and our heirs; and we grant and confirm all it contains unto the aforesaid Burgesses and to their heirs and successors, Burgesses of the aforesaid town, for ever, according to the terms reasonably set forth in the aforesaid Charter.

In whose &c.

Witnessed by the King, at Westminster, the twenty-eighth day of November.

By an assembly in Parliament and by payment of a hundred shillings in the Hanaper Office.

NOTES.

  1. Omnibus. Not in Cotton MS.
  2. Burghbote, brugbote, wardwyte, horngeld. Not in Cotton MS. Are preceded by calumpnia de, i.e., claim for. These Saxon words show that the copy of the Charter used for Richard’s regrant was probably authentic, as well as different from that seen by the 15th century copyist.
  3. Godwyn in Cotton MS.

FIRST PART OF THE PATENTS IN THE EIGHTH

YEAR OF KING WILLIAM THE THIRD.

(8 William III. Part I Entry No. II.)

WILLIAM THE THIRD by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c., TO ALL to whom these present Letters shall come Greeting. WHEREAS the Borough of Malmesbury in our County of Wilts, is an ancient Borough, and was in old time named Burgus Medulfuensis, and whereas the same Borough doth extend and from time the contrary whereof doth not exist in the memory of men did extend itself as well in and by the whole Town of Malmesbury aforesaid as in and by the whole Town of Westport in the same County of Wilts, and whereas the Burgesses of that Borough by reason of divers prescriptions and Customs used in the same Borough time out of mind have used and enjoyed divers Liberties, Franchises, Priviledges, Immunities and Acquittances, AND WHEREAS Athelstan heretofore King of

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the English (nation) made his Charter to the Burgesses of the same Borough in these Words, I, Athelstan King of the English, do give for me and my Successors to my Burgesses and all their Successors of the Borough of Malmesbury that they shall always have and hold all their Functions and free Customs as they held then in the Time of King Edward my Father freely and honorably, and I command to all under my dominion that they do no injury to them, and that they be free from all Calumny of Burghboote, Brugboote, Wardwhite, Horngeld and Scot, and I give and grant to them the royal Bruery of five hides of land near to my Town of Norton for their assistance in my Conflict against the Danes. The Charter of this Donation was made with my Sign by the Testimony of Edmund my Brother by Counsel of Wolsin our Chancellor and Odin my

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Treasurer and Godwin, Son of Godwin, who bare the royal Standard, purchased this for the Burgesses; and whereas the Lord Henry the Fourth late King of England by his Letters Patent under his great Sea] of England made bearing date at Westminster the 2nd day of July in the 12th year of his Reign, ratified and confirmed the Charter aforesaid and all and singular Things in the same contained to the Burgesses of the Borough beforementioned and their successors, and moreover being willing to shew more ample Grace to the same Burgesses by his same Letters Patent did grant for himself and his Heirs to the aforesaid Burgesses that although they or their Ancestors or Predecessors Burgesses of the Town aforesaid had not fully used or enjoyed any one or more of the Liberties or Acquittances in the said Charter and Letters contained in any

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emergent case before the date of the same Letters Patent, yet the same Burgesses and their Heirs and Successors, Burgesses of the same Town should fully enjoy and use those Liberties and Acquittances and every of them thence forwards in future without hindrance or impediment of the same late King or his Heirs, his justices, Escheators, Sheriffs, Coroners or other Bailiffs or Ministers whatsoever as by the same Letters Patent among other things more fully appears; and whereas the Lord Charles the First, late King of England, by his Letters Patent under his great Seal of England made bearing date at Canterbury the 24th Day of July in the eleventh year of his Reign, did confirm and ratify to the Burgesses and their Successors the Charter aforesaid and all and singular Things in the same contained, and also did give and grant to the Burgesses

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aforesaid divers Priviledges and Franchises as an Alderman and twelve capital Burgesses within the Borough aforesaid and twenty-four Persons, called Assistants to the Alderman Justices of the Peace for the Time being within the Borough aforesaid, with many other Priviledges as by the same Letters Patent amongst other things more fully appears. And whereas the Alderman, capital Burgesses and all and singular other Officers and Ministers of our aforesaid Borough for the time being except our beloved and faithful Counsellor Thomas Lord Wharton, Steward of the Borough aforesaid, being entirely ignorant of the Law have neglected and every one of them bath neglected to subscribe to an Association specified in a certain Act of Parliament begun at Westminster the twenty-second Day of November in the seventh year of our Reign and

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now being entitled “An Act for the better securitie of his Majesties royall person and Government,” at the Places and Times in the said Act in like manner mentioned and prescribed contrary to the Tenor of the same Act whereby they are become and remain unable and unfit to bear or exercise their respective offices aforesaid, and their aforesaid respective offices of Alderman, Capital Burgesses and assistants of the Borough aforesaid, have become and now exist void, whereby the Body corporate and politic of the Borough aforesaid. for default of its proper Members doth languish and is not able nor capable to use, enjoy or partake of its Liberties, Franchises and Priviledges granted by the aforesaid Letters Patent ; and whereas the Borough aforesaid, is populous at this time, and principally inhabited by Burgesses much employed in the

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Linen Trade and Merchandize; and whereas moreover very many Transgressions and other Misdeeds within the Borough before mentioned have been daily committed, and because there are not in that Borough Magistrates who can duly and speedily correct the offences there perpetrated by the punishments by the Laws and Statutes of this our Realm of England constituted for the like guilty Persons, and that often times such guilty Persons do fly within the precincts of the late Monastery of Malmesbury to the same Borough adjacent and contiguous and by that means evade the execution of Justice so that it frequently happens that Malefactors depart with impunity and the Parties aggrieved claim for default of Justice. Wherefore the Burgesses of the Borough aforesaid, have most humbly supplicated us that we would think fit to provide a proper

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Remedy, WE, therefore considering all the Premisses and seriously consulting the good of the Borough aforesaid, and our People there dwelling and being willing and with our utmost Study and Care providing that our same People in that Borough as aforesaid dwelling in their works of art and like modes of living, should be nourished to the same chearfully do bestow our Munificence and Favor and that these may be continually be had in the Borough aforesaid and in the precinct of the said late Monastery one certain and undoubled mode for the preservation of our peace, and for the well governing and rightly disposing of our people there dwelling, and others thither resorting, whereby our same peace in future times may be inviolably preserved, and our other Deeds of Justice and good Rule within the Borough aforesaid may be rightly administered and executed,

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and that Borough may remain in future a Borough of Peace and Quiet, to the terror of evil-minded persons, the Punishment of Delinquents, and the Reward of the Good (and) hoping that if the Burgesses of the aforesaid Borough and their Successors may be able more amply of our Grant to enjoy their Liberties and Priviledges that then they would feel themselves bound more strongly as well by affection as Duty to perform what Services they are able to us, our Heirs and Successors of our special Grace and of our certain knowledge and mere motion we have willed and declared and by these presents for us our Heirs and Successors do will and declare that the Borough of Medulfuensis vulgarly Malmsbury and that the Precinct of the said late Monastery of Malmesbury in our County of Wilts to the same Borough contiguous may be and shall

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for ever remain a free Borough of itself, and that the Inhabitants of the said late Monastery and the men and free Burgesses of the aforesaid Borough and their Successors in all future Times may and shall be one Body corporate and politick in Deed, Effect and Name really and to the full by the Name of the Alderman and Burgesses of the Borough of Malmsbury in the County of Wilts and them by the Name of Alderman and Burgesses of the Borough of Malmsbury in the County of Wilts, we do make, create and declare one body corporate and politic in Deed, Effect and Name really and to the full for us, our Heirs and Successors by these Presents, and that they by the Name of Alderman and Burgesses of the Borough of Malmesbury in the County of Wilts may and shall be in future for ever Persons able and capable in the Law to have

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take purchase and possess Manors, Lands, Tenements, Rents, Liberties, Priviledges, jurisdictions, Franchises and Hereditaments of whatsoever kind, nature or species they may be to them, and their Successors in fee and perpetuity, and also Goods and Chattels, and whatsoever other Things of whatever kind, nature or species they may be, and also to give, grant, admit, assign and dispose of Manors, Lands, Tenements, Hereditaments and Chattels and all and singular other deeds and affairs concerning the Borough aforesaid to do and execute by the aforesaid Name. And that by the same Name of Alderman and Burgesses of the Borough of Malmsbury in the County of Wilts they may plead and be impleaded, defend and be defended in all and singular Actions, Pleas, Suits, Disputes, Causes, Matters and Demands, real, personal or mixt

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whatsoever or of whatever kind in all Courts and before all Judges or Justices or other, our Officers and Ministers and those of our Heirs or Successors moved or to be moved in the same manner and form as any other, our liege Subjects of England, persons able and capable in the Law, or any other Body corporate or politick within our Realm of England may be able and capable to have, take, purchase, possess, give, grant, lease, assign or dispose or may be able and capable to plead and be impleaded, answer and be answered unto, defend and be defended, do or execute; and that the Alderman and Burgesses of the Borough aforesaid and their Successors for ever may have a common Seal to serve for their Causes and Business in any wise concerning that Borough or the Precinct of the said late Monastery, and that it may and shall be lawfull

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for the same Alderman and Burgesses and their Successors that Seal at their pleasure from Time to Time to break, change and make anew, as to them shall seem expedient, AND further we will and by these presents for us our Heirs and Successors do declare that in future for ever there may and shall be within the Borough aforesaid out of the Men and free Burgesses of that Borough in the form in these presents below, to be nominated and elected, Viz.:- One who shall be called Alderman, and twelve others who shall be called capital Burgesses, and twenty-four others who shall be called Assistants of the same Borough, which capital Burgesses and Assistants shall be from Time to Time consulting and aiding the Alderman of the same Town for the Time being in all Causes, Affairs and Business that Borough touching or in any wise

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concerning, and further we will and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the same Borough and their Successors, that yearly in future for ever, to wit, on the Tuesday which shall first happen after Trinity Sunday, it may and shall be lawful for the Alderman and capital Burgesses of the Borough aforesaid for the Time being or the major part of the same to elect one of the capital Burgesses of the same Borough for the Time being for Alderman of the Borough aforesaid, and that he who shall be so elected Alderman of the aforesaid Borough after that election made and before he be admitted to exercise the office of Aide-man within that Borough, to wit, on the Feast Day of St. Michael the Archangel next after the like Election shall take a corporal oath before the last Alderman of the

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Borough aforesaid for the time being, the predecessor of him the Alderman elect, and the Residue of the Capital Burgesses of that Borough for the time being or as many of them as will be present of whom the said last Alderman if he be surviving and will be present we will to be one the office of Alderman of the aforesaid Borough rightly and faithfully in all things touching that office to execute, and after that Oath so taken, he shall be able and capable to execute the office of Alderman of the Borough aforesaid for one whole year, then next ensuing and thence forwards until another into that office shall be duly elected, made and sworn, and so from year to year in every year for ever, and as often as any one (elected) Alderman of the Borough aforesaid shall die or refuse the office of Alderman of the aforesaid Borough, before he hath taken the like Oath, we

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will that similar Nomination and Election shall recently be made and that he anew elected the Oath as aforesaid being taken shall execute the office of Alderman of the same Borough in form aforesaid, and if it shall happen that the Alderman of the Borough aforesaid for the time being, at any time being within one year after he hath been elected, chosen and sworn into the office of Alderman of the Borough aforesaid shall die, we will, and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors, that after the like death of the Alderman, to wit, at a time proper, convenient and not protracted by unnecessary suspensions it may and shall be lawful for the capital Burgesses of the same Borough for the time being, or the major part of them to elect

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and make one of the same capital Burgesses to be Alderman of that Borough in the place of the same Alderman so deceased, and that he so elected and made Alderman of the aforesaid Borough may have and exercise that office during the residue of the same year and thenceforwards until another into that office be duly elected and made the corporal Oath being first taken in Form aforesaid, and in the meantime the capital Burgess of the aforesaid Borough first in order after the Alderman aforesaid so deceased within the beforementioned Borough for the time being shall officiate as Alderman, and so from time to time as often and when the case shall so happen for ever, and further we will and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors that every

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capital Burgess of the aforesaid Borough whether by these presents below constituted or by force of these presents hereafter to be elected shall exercise and use the office of a capital Burgess of the same Borough during his natural life, unless in the meantime from that office in the form and for the Causes below mentioned he shall be removed, and if it shall happen that any one of the aforesaid capital Burgesses of the Borough aforesaid whether by these presents below constituted or by force of these presents hereafter to be elected shall die or from his office of capital Burgess of the same Borough be removed that after the death or removal of the like capital Burgess to wit at a time proper convenient and not protracted by unnecessary suspensions it may and shall be lawful for the Alderman and residue of the Capital Burgesses of the

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Borough aforesaid surviving, for the time being, or the major part of the same to elect and choose an assistant aforesaid to be a Capital Burgess of that Borough in the place and office of the said Capital Burgess so deceased or removed, to fill up the aforesaid Number of the Capital Burgesses of the Borough aforesaid which Capital Burgess as aforesaid to be elected after that he be elected a Capital Burgess of the aforesaid Borough and before he be admitted to exercise the office of a, Capital Burgess of the same Borough within that Borough shall take a corporal Oath before the Alderman and residue of the capital Burgesses of the aforesaid Borough for the time being, or as many of them as will be present of whom the Alderman of the Borough aforesaid for the time being we will to be one rightly and faithfully to execute the office

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of a capital Burgess of the same Borough in all things that office touching or concerning, and this from time to time as often and when the case shall so happen for ever, and further we will and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors that every Assistant of the aforesaid Borough, whether by these presents below constituted or by force of these presents hereafter to be elected, shall exercise and use the office of an Assistant of the same Borough during his natural life unless in the meantime from that office in the form and for the cause below mentioned he shall be removed and if it shall happen that anyone of the Assistants of the Borough aforesaid whether by these presents below constituted or by force of these presents hereafter to

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be elected shall die or from his office of Assistant of the same Borough be removed that after the death or removal of the same Assistant to wit, at a time proper, convenient and not protracted by unnecessary suspensions, it may and shall be lawful for the Alderman, capital Burgesses and the residue of the Assistants of the Borough aforesaid for the time being, or the major part of the same to elect and choose one of the free Burgesses of the same Borough who are called and from time the contrary whereof in the memory of man doth not exist have been called Landholders for Assistant of that Borough in the place and office of the same Assistant so deceased or removed to fill up the aforesaid Number of Assistants of the Borough beforementioned, which Assistant so as aforesaid to be chosen after that he is elected an Assistant of the

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aforesaid Borough and before he is admitted shall take a corporal Oath before the Alderman and capital Burgesses of the Borough aforesaid for the time being, or as many of them as will be present of whom the Alderman of the aforesaid Borough for the time being, we will to be one rightly and faithfully to execute the office of an Assistant of the same Borough in all things that office touching or concerning, and this from time to time as often and when the case shall so happen for ever, and further we will and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the Borough beforementioned and their Successors that in future for ever it may and shall be lawful for the Alderman and capital Burgesses of the Borough aforesaid for the time being or the major part of them as often as occasion shall require

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that any of the capital Burgesses and Assistants of the same Borough below by these presents constituted or by force of these presents hereafter in the form in these presents specified to be elected for badly bearing himself in his office of capital Burgess or Assistant of the Borough aforesaid or for any other just and reasonable cause from his same office shall be removed, we will also and by these presents for us, our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors that if anyone who hereafter to the office of Alderman, capital Burgess and Assistant or to any other office within the aforesaid Borough in due manner shall be elected, being a member of the Body of the Borough aforesaid so as above said incorporated, and partaking of the Liberties of the same, and having notice

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of his said Election shall refuse to exercise the same office to which he hath been so elected, that then and so often it may and shall be lawful for the Alderman and capital Burgesses of the Borough aforesaid for the time being or the major part of the same to impose a reasonable Fine or Amerciament upon the like person refusing for his said Recusancy. And if any one so refusing shall refuse to pay the like Fine or Amerciament so imposed upon him then and so often to commit the like Recusant to any prison of ours within the Borough aforesaid and there to detain him in Prison until he pay or cause to be paid the said Fine or Amerciament. And that the Alderman and Burgesses of the Borough aforesaid and their Successors may receive and have the Fines and Amerciaments in the Form and for the Cause beforementioned imposed and

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paid, for the use and support of the whole body beforementioned so as above said incorporated without hindrance or impediment of us our Heirs or Successors or of any Officer or Minister of us our Heirs or Successors or without any Anompt to us our Heirs or Successors therefore to be rendered. WE WILL MOREOVER and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors that in future for ever they may and shall have in the Borough aforesaid an honest Man skilful in the Law and fit yearly to wit on the Tuesday which shall first happen after the Sunday of the Holy Trinity by the Alderman and capital Burgesses of the same Borough or the major Part of the same to be chosen who shall be called High Steward of the Borough aforesaid to consult and direct the

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Alderman and Burgesses of the same Borough in business touching that Borough, and to do and execute all other things which to the office of High Steward appertain by himself or his sufficient Deputy, which High Steward so to be elected after that be bath been chosen Steward of the aforesaid Borough and before he be admitted to exercise the office of Steward within that Borough, to wit, on the Feast Day of St. Michael the Archangel next after the said Election shall take a corporal Oath before the Alderman and capital Burgesses of the Borough aforesaid for the time being, or as many of them as are willing to be present of whom the Alderman of that Borough for the time being, we will to be one rightly and faithfully to execute the office of High Steward of the same Borough in all things that office touching or concerning, and after that Oath so taken he

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shall be able and capable to execute the office of High Steward of that Borough by himself or his sufficient Deputy and to receive and have all and singular fees, wages, and rewards to the same office belonging or incumbent for one whole year then next ensuing and until another into that office be duly elected, chosen and sworn and so from year to year, every year for ever, and as often as anyone to the office of High Steward of the Borough aforesaid elected shall die or the office of High Steward of the same Borough shall refuse before he hath taken the like oath, we will that a similar Election shall presently be made and that he anew elected the office as aforesaid previously taken shall execute the office of High Steward of the same Borough in form before mentioned and if it shall happen that the High Steward of the Borough aforesaid for the time being

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at any time within one year after that to the office of Steward of that Borough so as aforesaid elected, chosen and sworn shall die, we will and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors that after the death of the said High Steward, to wit, at a time proper, convenient and not protracted by unnecessary suspensions it may and shall be lawful for the Alderman and capital Burgesses of the Borough aforesaid for the time being or the major part of the same to elect, choose and swear one other honest man, skilful in the Law and fit to be High Steward of the Borough aforesaid in the place and office of the like High Steward so deceased, and that he so elected, chosen and sworn for High Steward of the Borough aforesaid shall have and exercise that office

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during the remainder of that year and thence forwards until another into that office be duly elected, chosen and sworn in the form above specified and so from time to time as often and when the case shall so happen for ever, we will further and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors that in future for ever they may and shall have in the Borough aforesaid two Servants who shall be called Serjeants at Mace by the Alderman and capital Burgesses of the Borough aforesaid for the time being or the major part of the same every year on the Tuesday which shall first happen after the Sunday of the Holy Trinity to be chosen which Serjeants at Mace shall be from time to time attendant upon the aforesaid Alderman each of them hearing in all places

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within the Borough aforesaid, the hounds, limits and precincts of the same a Mace, silver or gilt, engraved with our Arms, before the Alderman for the greater decorum of the Borough aforesaid, and shall in like manner serve in our Courts and those of our Heirs or Successors of the Borough aforesaid within that Borough to be holden for Proclamations and other matters to the office of Serjeants at Mace appertaining, there to be done, and also they shall execute and all and singular process to them directed and all precepts whatever to them given in charge, and to do all other matters which to the office of Serjeants at Mace appertain to be done within that Borough, the bounds, limits, and precincts of the same, and shall be answerable for the execution thereof in the same Courts, and that each of the same Serjeants at Mace after that he be elected

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Serjeant at Mace of the Borough aforesaid, and before that he be admitted to exercise the office of Serjeant at Mace within the Borough beforementioned, to wit, on the Feast day of Saint Michael the Archangel next after the said Election he shall take a corporal Oath before the Alderman and capital Burgesses of the Borough aforesaid for the time being or as many of them as are willing to be present, of whom the Alderman of the Borough aforesaid for the time being, we will to be one rightly and faithfully to execute the office of Serjeant at Mace of the same Borough in all things that office touching or concerning, and after the Oath so taken he shall be able and capable to execute the office of Serjeant at Mace of the Borough aforesaid for one whole year, then next ensuing and thence forwards until two others into that office be duly elected, chosen

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and sworn, and so from year to year, every year for ever, and as often as either he as Serjeant at Mace of the Borough aforesaid elected shall die or shall refuse to undertake the office of Serjeant at Mace of the same Borough before he hath taken the like Oath, we will that there be presently made a similar Election of another in the place of the like Serjeant at Mace so deceased or recusant, and that he elected anew the Oath as aforesaid being taken shall execute the office of Serjeant at Mace of the same Borough in form aforesaid, and if it shall happen that the other Serjeant at Mace of that Borough for the time being, at any time within one year after he hath been so as aforesaid elected, chosen and sworn into the office of Serjeant at Mace of that Borough shall die, we will and by these presents for us our Heirs and Successors do grant to the

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aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors that after the death of the like Serjeant at Mace, to wit, at a time convenient, proper and not protracted by unnecessary suspensions it may and shall be lawful for the Alderman and capital Burgesses of the Borough aforesaid for the time being or the major part of the same to elect, choose and swear another for Serjeant at Mace of that Borough in the place and office of the like Serjeant at Mace so deceased and that he so elected, chosen and sworn Serjeant at Mace of the Borough aforesaid may have and exercise that office during the remainder of the same year, and thence forwards until two others be duly elected, chosen and sworn into that office in form aforesaid and this from time to time as often and when the case shall so happen for ever, and in every

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Election of an Officer or Servant within the aforesaid Borough in future to be made in which the Voters in their Suffrages are equally divided, we will and by these presents do ordain that the Alderman of the same Borough for the time being shall have a double vote in that case, and for the better regulation of the aforesaid Borough at present we have nominated, created, constituted, made and confirmed, and by these presents for us our Heirs and Successors do nominate, create, constitute, make and confirm our beloved John Turner now being a free Burgess of the Borough aforesaid to be the first and modern Alderman of the aforesaid Borough, and our beloved Thomas Burgis, Elias Ferris, James Croome, Nicholas Hayes, Richard Doleman, Robert Nicholls, William Hill, John Ady, Edmund Sansum, Giles Keynes, Edward Brown, and Edmund Fry, now being

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free Burgesses of the Borough aforesaid to be the first and modern twelve capital Burgesses, and our beloved John Read, John Seele, Adam Clarke. Edward Tawley, Henry Gambow, Richard Browne, Henry Butt, Charles Hudson, Edward Player, John Chapp. Thomas Smith, John Knee, Henry Gingell, Robert Hobbs, William Male. John Mathews, John Bayley. Henry Tayler, William Chamberlin, Richard Webb, Thomas Miller, Abraham Huskins, John Rogers and John Wayte, being in like manner free Burgesses of the Borough aforesaid, to be the first and modern twenty-four Assistants, and our beloved and very faithful Counsellor Thomas Lord Wharton to be the first and modern High Steward, and our beloved the aforesaid Henry Butt and one Thomas May in like manner now being free Burgesses of the Borough aforesaid, to be the first and modern

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Serjeants at Mace of that Borough, being willing and by these presents declaring that the aforesaid John Turner shall be and continue Alderman of the Borough aforesaid, until the Tuesday next after the Sunday of the Holy Trinity next coming, and thence forwards until another to that office in due manner be elected, chosen and sworn according to the Ordinance and provision in these presents above thereupon declared, if the same John Turner shall so long live, and after the end of his Aldermanship aforesaid, he shall be and continue a capital Burgess of the Borough aforesaid during his natural life unless in the form and for the cause abovementioned from his office of capital Burgess of the same Borough he be removed. And that the aforesaid Thomas Lord Wharton shall be and continue High Steward of the Borough aforesaid until the Tuesday

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next after the Sunday of the Holy Trinity next ensuing and thence forwards until another to that office in due manner be elected, chosen and sworn, according to the form of the Ordination and Provision in these presents above thereupon declared if the same Thomas Lord Wharton shall so long live, and that the aforesaid Henry Butt and Thomas May may and shall be Serjeants at Mace of the aforesaid Borough until the aforesaid Sunday of the Holy Trinity next coming and thence forwards until two others into that office in due manner be elected, chosen and sworn in form aforesaid, if the same Henry Butt and Thomas May shall so long live, and further we will and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors that if it shall happen that the

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Alderman of the Borough aforesaid for the time being, is detained by Infirmity, or engaged in our service or that of our Heirs or Successors out of the Borough so that he cannot attend to the necessary Business of the aforesaid Borough, touching his office of Alderman of the Borough aforesaid or for any other reasonable cause depart out of the Borough, that then and so often it may and shall be lawful for the same Alderman to put and constitute in his room, one honest and discreet man out of the capital Burgesses of the Borough aforesaid for the time being, to be his Deputy during his Infirmity or Absence, which Deputy so to be appointed and constituted before he be admitted to exercise the office of Deputy Alderman within the Borough aforesaid shall take a corporal Oath before the remainder of the capital Burgesses of the Borough

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aforesaid for the time being or as many of them as will be present for the faithful execution of the same office and after the Oath so taken, to be present at all manner of causes, affairs and business the Borough aforesaid in any wise touching and to do and execute all and singular things which to the office of Alderman of the same Borough appertain to be done, which he shall be able and capable to do to all purposes and in as ample manner and form as the Alderman himself, during the like infirmity or absence of the Alderman so being infirm or absent, and this from time to time as often and when the case shall so happen for ever. We will also and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors that if it shall happen that the Steward of the Borough

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aforesaid for the time being be detained by infirmity or engaged in our Service or that of our Heirs or Successors out of the aforesaid Borough or be elsewhere occupied so that he is not able to attend to the necessary business of that Borough touching his office of Steward of the same Borough, that then and so often it may and shall be lawful for the same Steward to put in his place and constitute an honest man, skilful in the Law and fit to be his Deputy during his infirmity or absence, which Deputy so to be put and constituted before that he be admitted to exercise the office of Deputy Steward within the Borough aforesaid, shall take a corporal Oath before the Alderman and capital Burgesses of the Borough aforesaid for the time being or as many of them as are willing to be present of whom the Alderman of the same Borough, we will to be one or

#40

his Deputy for the time being for the faithful execution of his office and after that Oath so taken, to do all and singular things which to the office of Steward aforesaid appertain to be done in as ample manner and form as the Steward himself is able and capable to do and execute, during the like infirmity or absence of him the Steward so infirm and absent, and this from time to time as often and when the case shall so happen for ever, and further we will and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and capital Burgesses of the aforesaid Borough and their Successors that it may and shall be lawful for the Alderman and capital Burgesses of the Borough aforesaid for the time being or the major part of the same of whom the Alderman of the Borough aforesaid for the time being, we will to be

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one together with the High Steward of that Borough or his Deputy for the time being to make, compose and ordain the proper form or forms of an Oath or Oaths by all the Officers and Ministers of the Borough aforesaid and their aforesaid Deputies from time to time respectively to be taken, and that or those (forms) so made, composed and ordained to cause to be administered to the same Officers, Ministers and Deputies from time to time respectively in form aforesaid, and this without any further Grant or Warrant from us our Heirs or Successors to be procured or obtained in that behalf, WE WILL MOREOVER and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors that the Alderman and capital Burgesses of the Borough aforesaid for the time being or the

#42

major part of the same of whom the Alderman of the same Borough for the time being, we will to he one may and from time to time in future for ever shall have full power and authority to convene in the Common Hall of the Borough aforesaid and there to have meetings and in the meetings so had to make, compose, constitute, ordain and establish, good, sound, honest, useful, necessary and reasonable Laws, Constitutions, Ordinances and Provisions according to their sound discretions for the good Regulation and Government of the Borough aforesaid and of all and singular the Officers, Ministers, Artificers, Inhabitants and Resiants within the Borough beforementioned, and the bounds, limits, and precincts of the same, and of others to the aforesaid Borough resorting for Declaration in what manner and order the same Alderman and capital

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Burgesses and all and singular other Officers and Ministers of the Borough aforesaid shall bear and hold themselves within the Borough aforesaid and the bounds. limits and precincts of the same on the Sundays, Feasts, and Solemnities for the greater decorum of the Borough aforesaid, and also in what manner the same Alderman, capital Burgesses, Officers and Ministers and all and singular the Burgesses, Artificers, Inhabitants and Resiants of the Borough aforesaid at all future times shall hold and dispose themselves in their Offices, Servitude, Functions or Artificing within that Borough and the bounds, limits and precincts of the same for the public good and common weal of the said Borough, and also for the victualling of the same Borough, and likewise for the causes and other affairs whatsoever that Borough touching or in

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any wise concerning, and to demand due execution of the same Laws, Customs, Ordinances and Provisions so composed, constituted, ordained and established, which Laws, Constitutions, Ordinances and Provisions, we will also to be observed under such pains and penalties or reasonable Fine and Amerciament or either of them in the same Laws, Constitutions, Ordinances and Provisions to be contained, imposed in and upon the delinquents against the same as to the same Alderman and capital Burgesses or the major part of them of whom the Alderman for the time being, we will to be one shall seem necessary to be imposed for the better observance of those Laws, Constitutions, Ordinances and Provisions, and that they may be able and capable to levy, receive and have those Fines and Amerciaments so imposed to the use of the Alderman and

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Burgesses of the Borough aforesaid without Impediments of us our Heirs or Successors or of any Officers of us our Heirs or Successors and without any accompt to us our Heirs or Successors therefore to be rendered so that nevertheless the Laws, Constitutions, Ordinances and Provisions and the pains and penalties in the same contained, are not contrary to the Laws. Statutes or Customs of our Realm of England, and that full Justice may be better had within the aforesaid Borough and the precincts of the said late Monastery to all our Subjects there residing and thither resorting, according to the Exigency of the Law, and the clamour of persons from the cause abovementioned injured may not be reiterated to us, we will further and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and

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-288 Burgesses of the Borough aforesaid and their Successors that the Alderman of the Borough aforesaid for the time being and the High Steward of the Borough aforesaid for the time being and the Deputy Alderman of the Borough aforesaid and the Deputy Steward of the Borough aforesaid for the time being during the infirmity or absence of the same Alderman and Steward may and shall be in future for ever our justices and those of our Heirs and Successors within the same Borough and the liberties and precincts of the same late Monastery and also to the Statutes and Ordinances at Winton, Northampton and Westminster for preservation of the Peace of the same and the Statutes and Ordinances there and at Cambridge, of Huntsmen, Workmen, Artificers, Servants, Hostlers, Mendicants, Vagabunds and other poor men who call

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themselves travelling men, and also at a certain other Statute in the parliament of the Lord Henry the Fifth late King of England held at Westminster aforesaid for counterfeiting, clipping, washing and otherwise debasing the money of our Land, and also all other Ordinances and Statutes made or to be made for the good of our peace and that of our Heirs and Successors, and the quiet Rule and Governance of our People and that of our Heirs and Successors, in all and singular their articles within the Borough aforesaid the liberties and precincts of the same and within the precinct of the said late Monastery, according to the Force, Form and Effect of the same to be observed, and all those whom they shall find delinquent against the Form of the Ordination and Statute aforesaid to chastise and punish according to those

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Ordinations and Statutes, and also upon all those who to any of our people or that of our Heirs or Successors shall give threats as to their bodies or setting fire to their houses they shall exact sufficient security of their keeping the peace and good behaviour towards us and our people and those of our Heirs and Successors, and if they shall refuse to find the like security to cause them to be safely kept in our prison and that of our Heirs and Successors of the aforesaid Borough until they find the like security, and to do and execute all other things appertaining to the office of Justices of the Peace within the aforesaid Borough in as ample manner and form as any Justices of Peace within the County of Wilts may be able or capable to do or execute in that County, and that the Alderman of the Borough aforesaid and the High Steward of the

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aforesaid Borough for the time being before they be respectively admitted to exercise the office of Justice of Peace within the Borough shall take a corporal Oath upon the Holy Gospels of God according to the Laws and Statutes of our Realm of England in the like case provided before the capital Burgesses of the same Borough or as many of them as will be present, well and faithfully to execute the offices of Justice of the Peace within the same Borough the liberties and precincts of the same, to which capital Burgesses for the administering of the like Oaths, we do give and grant full Power and Authority by these presents without any further Warrant or Commission from us our Heirs or Successors to be procured or obtained in that behalf being willing also and by these presents ordaining that the Deputy Alderman and Deputy High Steward for

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the time being may and shall be Justices of Peace within the Borough aforesaid, in the place of every Alderman and High Steward so being as aforesaid infirm or absent during the infirmity or absence of the same Alderman and High Steward respectively, the Oath being first taken in form aforesaid, we will and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors that the Alderman of the same Borough for the time being in future for ever may and shall be our Coroner and that of our Heirs and Successors in the Borough aforesaid and shall do and preserve all and singular things which to the office of Coroner appertain to be executed in that Borough so that no other Coroner of us our Heirs or Successors enter our aforesaid Borough the liberties or

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precincts of the same to do any thing which appertaineth to the office of Coroner there or intermeddle himself therewith in any wise, and that the Alderman of the Borough aforesaid for the time being before that he be admitted to exercise the office of Coroner within that Borough shall take a corporal Oath upon the Holy Gospels of God before the capital Burgesses of the same Borough or as many of them as will be present well and faithfully to exercise the office of Coroner within the same Borough the liberties and precincts of the same to which capital Burgesses for the administering of the like Oath we give and grant full Power and Authority by these presents without any further Warrant or Commission from us our Heirs or Successors to be procured or obtained in that behalf being willing also and by these presents ordaining that the

#52

Deputy Alderman of the Borough aforesaid for the time being shall exercise the office of Coroner within the aforesaid Borough in the place of every Alderman so as abovementioned infirm or absent during the infirmity or absence of him the said Alderman, the Oath as aforesaid first being taken in form aforesaid, we will further and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors that the Alderman of the Borough aforesaid or his Deputy for the time being in future for ever may and shall be Clerk of our Market and that of our Heirs and Successors within the Borough aforesaid, the liberties and precincts of the same as well in our presence as our absence and that of our Heirs and Successors and shall have and exercise the assize of bread and beer

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and the custody and assize of measures and weights and also all other things to the office of Clerk of the Market appertaining and that he shall correct and amend Transgressions of Assize of bread and beer in due manner, and the defects of Measures and Weights and other things to the office of Clerk of the Market appertaining, and shall do all and singular those things when and as often as shall be requisite and necessary as fully and entirely there as any Clerk of the Market of our Household and that of our Heirs and Successors might do or ought to do if this our present Grant had not been made, so that the Clerk of the Market or any other our Servant or that of our Heirs or Successors shall enter not within the Borough aforesaid the Liberties or Precincts of the same to do any thing there which to the office of Clerk of the Market appertains, nor

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therewith intermeddle himself in any wise whatsoever and if he doth intermeddle himself it may and shall be lawful for the Alderman and Burgesses of the Borough aforesaid for the time being, legally to resist such Intermeddler and not permit the like Intermeddlers to do the office of Clerk of the Market there in any wise, and that the Alderman of the Borough aforesaid for the time being before that he be admitted to exercise the office of Clerk of the Market within that Borough shall take a corporal Oath upon the Holy Gospels of God before the capital Burgesses of the same Borough or as many of them as are willing to be present well and faithfully to do the office of Clerk of the Market within the same Borough, the liberties and precincts of the same to which capital Burgesses for the administering of the like Oath we do give and grant full Power

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and Authority by these presents without further Warrant or Commission from us our Heirs or Successors to be procured or obtained in that behalf being willing also and by these presents ordaining that the Deputy Alderman of the Borough aforesaid for the time being shall exercise the office of Clerk of the Market within that Borough in the place of every Alderman so being as aforesaid infirm or absent during the infirmity or absence of the same Alderman, the Oath being previously taken in form aforesaid, WE WILL MOREOVER and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors for ever that the Alderman of the aforesaid Borough for the time being shall have Retorn of all and singular our Writs and Precepts and those of our

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Heirs and Successors as well of Assize of most dancestor Certificate or presentation and Attainder as of other our Writs and those of our Heirs and Successors whatsoever and the executions of the same within the Borough aforesaid the liberties and precincts of the same in any wise to be made so that no Sheriff Coroner unless our Coroner or that of our Heirs and Successors of the aforesaid Borough for the time being Bailiff or other our Minister or that of our Heirs and Successors do enter that Borough, the liberties and precincts of the same to execute any our Writs, Mandates or Precepts or anything whatsoever to his office appertaining or therewith himself in any wise intermeddle unless in default of the same Alderman or his servants for the time being, AND of our moreabundant special grace and of our certain knowledge and mere motion

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we have willed and declared, and by these presents for us our Heirs and Successors do will and declare that the Alderman and capital Burgesses of the Borough aforesaid for the time being and their Successors in all future times to come may and shall be one Body corporate and politick in deed effect and name by the name of the Alderman and capital Burgesses of the Borough of Malmsbury in the County of Wilts and then by the name of the Alderman and capital Burgesses of the Borough of Malmsbury in the County of Wilts one Body corporate and politick in deed effect and name really and to the full for us our Heirs and Successors we do make, create and declare by these presents and that by the same name they may have perpetual Succession, and that they by the name of the Alderman and capital Burgesses of the Borough of Malmsbury

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in the County of Wilts may and shall be in future for ever, persons able and capable in the Law to have, take, purchase and possess Manors, Lands, Tenements, Rents, Liberties, Priviledges, Jurisdictions, Franchises and Hereditaments of whatsoever kind, Nature, Name or Species they may be to them and their Successors in fee and perpetuity and also Goods and Chattels and other things whatsoever of whatever kind, nature or species they may be and also to give, grant, lease and dispose of Manors, Lands, Tenements, Hereditaments and Chattels, and to do and execute all and singular other Deeds and Affairs, the Body corporate and politick of Alderman and capital Burgesses of the Borough aforesaid so as abovementioned incorporated, or the Lands, Tenements, Hereditaments, Rents, and Services below in these presents to the

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aforesaid Alderman and capital Burgesses of the aforesaid Borough and their Successors granted in any wise concerning by the name aforesaid, and that by the same name of Alderman and capital Burgesses of the Borough of Malmsbury in the County of Wilts they may be able and capable to plead and be impleaded, answer and be answered unto, defend and be defended in all and singular Actions, Pleas, Suits, Causes, Matters and Demands, real, personal or mixt whatsoever and before all judges or justices or other our Officers and Ministers and those of our Heirs and Successors moved or to be moved in the same manner and form as other our Lieges, Subjects of England, persons able and capable in the Law or any other Body corporate and politick within our Realm of England are able and capable to have, take, purchase, possess,

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give, grant, admit, assign or dispose, or plead and be impleaded, answer and be answered unto, defend and be defended, do or execute, and that the Alderman and capital Burgesses of the Borough aforesaid and their Successors may for ever have a common Seal to serve for the Causes and Business the Body corporate and politick of Alderman and capital Burgesses of the Borough or the Lands, Tenements or Hereditaments to the aforesaid Alderman and capital Burgesses and their Successors granted in any wise so concerning, and it may and shall be lawful for the same Alderman and capital Burgesses and their Successors that Seal at their will from time to time to break. change and renew as to them shall seem expedient, AND WHEREAS the Alderman and capital Burgesses of the Borough aforesaid by reason of divers Precepts,

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Prescriptions and Customs from time out of mind of man used and approved have had and held to themselves distinct from the other free Burgesses of the Borough aforesaid. a certain Hospital or Almshouse vulgarly called St. John’s Hospital, within the aforesaid Borough, and also divers other Lands, Tenements, Hereditaments, Rents and Services, commonly called the Alderman’s Kitchen, the Burgess parts and the Burgess Lands lying and being within the Borough aforesaid and elsewhere in our Counties of Wilts and Gloucester, below in these presents specified for the better support of the dignity of their offices, and for the support of a certain Academy or School and of the Hospital of St. John aforesaid for the certainty of the right and title to the House, Lands, Tenements, Hereditaments, Rents and Services aforesaid some small doubt hath

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arisen, we being willing to take away the said doubt and preserve to the proper and accustomed use the House, Lands, Tenements, Hereditaments, Rents and Services of our more abundant Grace, and of our certain knowledge and mere motion we will and by these presents for us our Heirs and Successors do grant and confirm to the aforesaid Alderman and capital Burgesses of the Borough aforesaid and their Successors all that Spital House aforesaid, and all Edifices, Gardens, Orchards and Appurtenances to the same belonging and all those Closes commonly called the Cooks’ Heathes now in the several Tenures or Occupations of the aforesaid John Turner, James Croome, Elias Ferris, Robert Nicholls, Richard Dolman, William Hill or John Ody or their under Tenants all those closes commonly called Portuca Downe now in the tenure or occupation of

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Thomas Burgis or his under Tenant, all those closes called Brundheath now in the Tenure of the aforesaid Edmund Sansum, all those closes commonly called Blandfords Lanes now in the Tenure of the aforesaid Nicholas Hays or his under Tenants, all those closes commonly called New Leaze now in the tenure or occupation of one John Sansum, all those closes called Clyetts now in the tenure of Joseph Fry, all that house and close now in the tenure of Henry Jeffreys, all those closes now in the tenure of Robert Player, and all that acre of land lying in a certain place called Kingborow alias Kemborough Field now in the possession of Robert Arch which tenements abovementioned are parcels of the tenements commonly called the Burgess Parts and are lying and being within the Parishes of Malmsbury, Westport, Foxley and Norton in

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our County of Wilts, and all that close now in the tenure of William Tomkins alias Tomson lying and being within the Parish of Weston Birt in our County of Gloucester and is parcel of the tenements aforesaid commonly called the Burgess Lands, and also all those messuages and closes in the several tenures of Mary Webb widow, Edward Browne, William Bayly, Anthony Hankes, James Croome, James Packer, Robert Seager, Edward Nurse, Richard Puckeridge, Samuel Chapp, Jane Bayly, Henry Alexander, Esther Bayly widow, Adam Clarke, Edmund Estcourt, John Cugly and Anthony Sharpe lying and being within the Borough aforesaid and commonly called the Burgess Lands, and all and singular Gardens, Orchards and Appurts to the Messuages last mentioned belonging or appertaining all and singular which Lands, Tenements and Premises were formerly

#65

demised or demiseable by the Alderman and capital Burgesses of the Borough aforesaid for the time being, and are now demised for divers terms not yet expired, AND FURTHER of our special grace and of our certain knowledge and mere motion we do give and confirm to the aforesaid Alderman and capital Burgesses of the aforesaid Borough all and singular Reversions, Rents and Services of all and singular Messuages, Closes and Hereditaments abovementioned with the appurts, although the Messuages, Lands, Tenements and Premisses above specified with the Appurts are concealed, withdrawn or detained from us, or to us do appertain by any other right or title whatsoever, so that nevertheless the Spital House be for ever disposed as an Hospital or Almshouse, and so that the aforesaid Alderman and capital Burgesses of the aforesaid

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Borough and their Successors do pay to the schoolmaster of the same school yearly ten pounds, and to the five poor persons of the same Hospital or Almshouse ten pounds for ever according to the laudable custom within the Borough, time out of mind used and approved, we will also and by these presents for us our Heirs and Successors do grant to the aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors that it may and shall be lawful for the same Alderman and Burgesses of the aforesaid Borough and their successors yearly in future for ever to make a Perambulation of the aforesaid Borough and the limits and precincts of the same by the Metes and Divisions in the necessary places to be placed and fixed and renewing the same as often as necessary that so certain knowledge of the limits and boundaries may

#67

be for ever retained, and further by these presents for us our Heirs and Successors we do ratify and confirm to the aforesaid Alderman the Letters Patent of the aforesaid late Henry the Fourth and the aforesaid Letters Patent of the late King Charles the First and all and singular things in the same Charters and Letters Patent contained as those Charters and Letters Patent in themselves reasonably testify, WE ratify also and by these presents for us our Heirs and Successors do grant and confirm to the aforesaid Alderman and Burgesses of the Borough aforesaid and their Successors all and singular. other Profits, Commodities, Advantages, Emoluments, Lands, Goods and Chattels, Hereditaments, Authorities, Liberties, Priviledges, Rights, Jurisdictions and Immunities, Acquittances and Exemptions which the Burgesses of the Borough aforesaid

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now lawfully have, hold, enjoy or use or any of them or their Predecessors, Burgesses of the same Borough, by what mode soever or by whatever Names or by whatsoever Incorporation known or incorporated, they have heretofore lawfully had, held, enjoyed or used or ought to have, hold, enjoy or use to them and their successors by reason or virtue of any other Charters or Letters Patent by any other of our Progenitors or Ancestors, late Kings or Queens of England, heretofore made granted or confirmed or by whatsoever other lawful Mode, Right, Title, Custom, Prescription or use heretofore lawfully used, had or accustomed except those things in these presents to the contrary, to have, hold and enjoy to the aforesaid Alderman and Burgesses of the Borough aforesaid, and their Successors for ever to the sole and proper use and behoof

#69

of the same Alderman and Burgesses and their Successors under the first ancient lents and services therefore accustomed to be rendered to us and being willing and by these presents for us our Heirs and Successors E~rantinv to the aforesaid Alderman and Burgesses of the aforesaid Borough and their Successors that the same Alderman and Burgesses and their Successors may have, hold, enjoy and use for ever all and singular Profits, Commodities, Advantages, Emoluments, Hereditaments, Lands, Goods and Chattels, Authorities, Liberties, Priviledges, Rights, Jurisdictions, Immunities, Acquittances and Exemptions except as before excepted according to the true intention of these presents without Hindrance or Impediment of us our Heirs or Successors whatsoever, WE WILL also and by these presents do enjoin and command that the

#70

aforesaid John Turner ncmii at cd to be the Alderman of the Borough aforesaid, the beforementioned High Steward, capital Burgesses, Assistants and Serjeants at Mace of the aforesaid Borough, by these presents nominated and constituted, and all other inferior officers by virtue of these presents to be chosen before that they be admitted to the execution of their offices and trusts, or any one of them be admitted shall take, make and subscribe an Oath for the due execution of their offices and trusts, and all other Oaths and Prescriptions by the Laws ard Statutes of this our Realm of England, requisite to be taken before William Adye and John Tyler Gentlemen, and either of them to which William Adye and John Tyler or either of them for the giving, administering and requiring of the said Oaths and Subscriptions we give and grant full Power and

#71

-288 Authority by these presents being willing further and by these presents for us our Heirs and Successors granting to the aforesaid Alderman and Burgesses of the aforesaid Borough and their Successors and to the aforesaid Alderman and capital Burgesses of the aforesaid Borough and their Successors that these our Letters Patent or the Imoluments thereof and < 11 and singular Grants, Informations and Clauses in the ~.ame contained, may and shall be good, firm and valid and effectual in the Law to the same Alderman and Burgesses of the Borough aforesaid and their Successors and to the same Alderman and capital Burgesses of the Borough aforesaid and their Successors in all things and by all things in all Courts whatsoever and before all Courts whatsoever and before all judges or justices or other our Officers md Ministers and those of our

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Heirs and Successors they shall be taken and construed as fully and amply as can be in favour and for the benefit of the same Alderman and c,ipital Burgesses of the Borough aforesaid and their Successors towards and against us our Heirs and Successors notwithstanding the not naming badly naming or not truly or fully naming, or not reciting, badly reciting, or not truly or fully reciting, the Liberties, Franchises and Premisses by these presents above granted add any other grant or grants by us or any of our Progenitors or Ancestors heretofore-made or by any of them, and notwithstanding the not taking or finding of any Inquision by virtue of any writ of ad quod damnum to our Sheriff of Wilts to be directed to enquire of the nuisance of the premisses or of any of them, in witness whereof &c., Witness the King at Westminster the fourteenth day of November.

By Writ of Privy Seal.

EXPLANATORY NOTES.

“Functions” literally functiones – municipal administration and offices.
“Customs” lit, consuetudines – municipal practices and regulations.
“Calumny” lit. calumpnia -claim, charge.
“Burghboote” or burhbote – town tax or levy.
“Brugboote” or brugbote – bridge tax (for upkeep of bridges).
“Wardwhite” or wardwyle – levy for a guard or town watch. Doubtful.
“Horngeld” – cattle tax.
“Scot” – common tax. Exact application doubtful.
“Bruery” lit. bruera – heath-land.
“Town” of Norton lit. villunculam – hamlet or small vill.

The Anglo-Norman vill varied in size from a town to the smallest hamlet.

“Purchased “lit. perquisivit – obtained. Often used for purchased.
“Wolsin our chancellor” lit. cancellarii mei, “my chancellor.” So in both texts.

“Godwin son of Godwin.” The underlined part is not based on anything in Tower of London or British Museum texts, which say simply “Godwini,” and again “Godwinus qui fert vexillam” – “Godwin who bears the standard.” The translator seems to have read “Godwini filii Godwini, qui fert vexillam.”

22 August, 2014

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