The late mayor and his assistants scornfully denied the bulk of
Bristowe's accusation. Whitley, they averred, was no "manor," and
claims such as its present owner put forward had been formerly unknown.
They gently ridiculed the complaint of the damage wrought among the
"gret okes," whereof none, they declared, were more than twenty years
old, the value of the whole timber being but 6s. 8d.; but they were
fain to admit the felling of twelve _small_ trees, as well as of
breaking hedges, and carrying away sundry loads of clay and gravel. But
it was not on Bristowe's land, they declared, that these trespasses
had been done. The land he asserted to be part of his inheritance was
in reality the property of the community, and in the time of Lawrence
Cook (he had succeeded Bristowe's father in the mayoralty in 1429) the
corporation had held these meadows in the community's name. And this
possession dated back to the days before the city's incorporation. "The
commonalty of the same city, afore that any mayor or baliff was, were
seized thereof in their demesne as of fee, time that no man's mind is
to the contrary."
Bristowe's second statement, or "replicacion," and Saunders'
"rejoinder," were a mere tissue of mutual contradiction, and the
King deputed the Prior of Maxstoke, Sir Richard Byngham, and Thomas
Littleton, to inquire into the business, and "make a return under their
conclusions respecting the same, in the quindene of S. Michael next
coming."[382] What the end of these worthy persons' inquisition was we
have no means of knowing. The matter, however, dragged on, with various
appeals to justice, until April 1472.
In that year the corporation made a great effort to end the dispute.
A large gathering--"these," says the _Leet Book_, giving about 120
names,[383] "and of other many moo"--assembled in S. Mary's Hall at
the mayor's bidding; and being asked "how they wold be demened in that
behalf," answered and said, "they wode abyde with the mair and his
bredern to the utmost of herr goodes" in the matter; "and as the mair
and his cownsaill did in the mater [would] agree thereto." Fortified by
this support, the mayor and his council proceeded to seek for means of
closing the quarrel by arbitration. On the Wednesday in Whitsunweek the
two sheriffs offered to treat on Bristowe's behalf, their labour being
undertaken, they confessed, "thorow the speceal meanes and lamentable
instaunce of the wyffe of the seid William Bristowe."[384] The mayor
and council, "in order that it might not be said that they had refused
a reasonable offer," ordered that bills, "endented and ensealed,"
should be made, setting forth the matter at variance, both parties
agreeing to abide by the decision of John Catesby, sergeant-at-law,
and William Cumberford. Moreover, a representative of the mayor and
community was to be chosen to ride to London and lay the matter before
the arbitrators.[385]
Public-domain text, read in full here on John Shaqi.
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