As there were, of course, no deeds existing testifying to the rights of
the community in this case, measures were taken to prepare documents.
"And on the Monday next after the blessed Trinity Sunday"[386] the
common lands were viewed by certain great men of the neighbourhood,
the Abbots of Kenilworth, Combe, Stoneley, and Merevale, Sir Simon
Mountford of Coleshill, Sir Robert Strelley, and William Hugford of
Emscote. These, then, had an "examination" of certain of the oldest men
of the city. "The whyche old men all and everych of them by himself
deposed and swar openly uppon a boke" that the land in question was
"common to the commonalty."[387] There was then a "letter testimonial"
made to this effect, to which all the worshipful men and these great
folk affixed their seals.
The thirty old men--their ages ranged from forty years "and more" to
fourscore[388]--were much impressed with the solemnity of the occasion.
"In alsmoche," their "letter testimonial" runs, "as for oure gret
ages be liklyhode wee may not long abyde in this erthely lyfe, and we
knowe verely that hit is medefull to our soweles to witnesse thynges
that be true and in oure knowlech, callyng to our remembraunce the
unlawefull and wilfull troble whiche William Bristowe dothe azeyns the
maire and commonalte of Couentre, claymyng the common ground that lieth
betwyxt Baronsfelde[389] withoute the Newe Yate under the kynges park,
stretchyng to Whitleybroke, called Shirburne," they affirmed that his
claim was contrary to old custom, and "open wrong." They told also the
tale of John Bristowe's offences in enclosing and sending his cattle
upon the pastures.
"And sithen the deth of the seid John Bristowe ... the same William
Bristowe, willyng be his power to contynue the forseid wrong done be
his seid ffadir, wrongfully put into the same closez, and the forseid
other common grounde residue, dyuers bestes of his ffermors of Whitley,
seying presumptuously that he and his tennantez of Whitley wolden
haue comyn for their bestes at Whitley withoute nombre" in all places
upon the said common ground. Whereas this land, on the contrary, had
formerly been occupied by the commonalty of Coventry "yearly" at their
pleasure to make their "shutynges, rennynges, daunsynges, bowelyng
aleyes, and other their disportez as in their owne ground. And these
matiers," the record concludes, "be us also declared ben iuste and
true, so help us God at the day of Dome."
Public-domain text, read in full here on John Shaqi.
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