Dispute between William Alynwyk, bishop of London and Lord Dacre

Upon this, the before-named Thomas, seeing that his side
was clearly threatened with ill success, and that the present
day was likely to prove far from a propitious one for him,
followed the advice of his counsel, and waited upon the vene^
rafole father, William Alnwyk, the lord bishop of Lincoln,
who was at this time residing there in his palace; and
besought him with many prayers and most urgent entreaties,
that he would deign, in virtue of his authority, to take the
adjudication of the whole matter into his own hands as arbi-
trator ; while at the same time he promised that he would be
ready to abide by such decision as he should think proper to
give. Shortly after this, the abbat’s counsel were sent for ;
reasons and exhortations were adduced by the bishop to
induce them with all confldence to leave the adjudication of
the whole matter to his conscience, as they knew fiill well that
he was a most sincere well-wisher of theirs, and would upon
no account be willing to derogate from the liberties of the
Church. But why enlarge ? What could the authority of
such a man not obtain, the more especially as he was sin*
gularly distinguished among his fellow-bishops of England for
^ This is probably the meaiting of – ‘u bono Gomitatu.”

406 OOKTINUATIOSr OF THE HIStOBT OF CBarX.4in^. . A.Ib XM,

bearing the highest character and’ an linbleriushed nam??
And then, besides, if a person should think £t not to acquiesoe
in his wishes, who ‘ is . there that could possibly escape from
the intolerable indignation that would be manifested by his
diocesan ? Accordingly, they both obeyied, and for the sake
of certainty bonds were entered into on either side, in which
they mutually promised that they would abide by his deter-
mination. As he was a man of the most consummate skill in
the transaction of business, he first examined, with deliberate
attention, the evidonce adduced by documents, and then, em^*
ploying the most careful research, frequently held conferences
on the matter with men well versed in the law. However,
inasmuch as Latin words and expressions are often made
to assume equivocal meanings, to the end that quibblers
upon words might not at future times, by means of scruples
arising from a sinister interpretation, render ambiguous and
a cause of dissension that which . was done with a pious
intention, the venerable prelate ordered the resxdts of his
arbitration to be set forth in the English language^ in the
following terms : . i

” Be hit knowen to all theym which th6es present letters
shall see or here ; that whereas diverse debates, varianoei
controversiz, and dissencion hath growen and late bene moved
and stered betwix the noble lorde Thomas Bacre, lorde of
Dacre, and John his son, clamyng to have correction and
punishmentz of all manner of trespas and offences done in the
Kyngys hyegh ways, commen stretys, and wast grounds, irt
the ton of Whapplode in the shire of Lincoln, be fiie ryght of
the manor and lordship of Holbech pertenyng to the saide
Tliomas of that one partye : and the worshipfull and religiouse
fader Johan, th’ abbot of Croyland affennyng and sayng the
contrarie ; and that all such ryghts longeth only to hyra, be
ryght of the manor and lordeship of Whapplode, pertenyng to
the said abbot be , ryght of his chyrch, on the otiier p«atye;
uppon which debates, variance, contraversiz, and dissencion^
as well upon all the incidentz, depcndentz, and thyngs grown
upon the same; hyt hath lyked the said partyes to blende hem
be theyr dede obligatorye beryng the date the XVII. day of
the moneth of Februarie the yere of the Keyng of Kyng
Herry the Sext XXYI. to stand and obey to tharbitrement|
ordinaunce, awarde, judement> and decree or comisell of me

A.1>. 1447. . AWABD OF THE BISHOP OF UNCOLK, 407

William, be the suffirance of Ood, Bishop of Lincoln^ as hit
apperith more pleynly be the conditions of the said obligacions.
I William, Byshop abovesaid, desyryng the good pees, ease,
and rest of bothe parties afomsaid, theyr successours, servantzy
men, and tenantz, aftyr divers dayes of examinacion of thu
said matter of debate, variaun^e, contraversiz, and dissention,
and good deliberacion hadde, communicacion hadde also there^
npon with wise, sadde, and leemed men in the lawe, the
XXI. day of this present moneth of September, the yere of
the Reyng of Kyng Herry the Sext XXVIJ. arbitre, award,
ordeign, deem, and decree in forme that followeth,

” Furst, consideryng that the saide Abbot- be tho ryght of
his chyrch is called Lord of the saide ton of Wh9,pl()de, and
haath ther be sufficiaunt graunt, waranth, and autofite, Leet,:
and also Faycre and Market in the waast grounde of the said
Ton ; and that he and his Predecessours have hadde a yiewe
of Eranc-plege in the said ton of Whapplode, and. bave
punished and corrected trespas and offences done withyn the
hyegh waye, commonstrete, ‘and waastground within the
suid ground of Whappbde, with all manner of wayfes and
strayes, and tresoutroue,. and other libertes and launches
pertenyng to the vyewe of Franc-plege : the whych possession
he and his Predecessours have contynude sythen the tyme of
Kyng Herry the Thyrde, as it appereth moor pleynly be the
eourtroUes maad of the said vie we; and the suid Thomas
Lord Dacre haath not passyng XII. tenauntes in the said ton :
the said Abbot and his successours shall have and peseble
enjoye all manor of correction and punyshment of all manor of
trespas and offences done in the said wayes, stretes, and waast
groimd, withyn the said ton of Whapplode, with wayfes,
strayes, and other libertes and fraunches longyng to the view
of Franc-plege of the said Abbot in the said Ton. Excepte
alway, undyr excepted and followyngly juged and decreed
unto the said Lorde Dacre be this my present award, con-
sideryng also that the said Thomas Lord Dacre haath in lyke
wyse in his courtes holden at Holbech, inquered of trespas and
offences done withyn the hiegh waye, commonstrete, and
waast ground of the said ton of Whapplode, and receyved
presentments of the same, from the tyine of Kyng Edward the
Thyrde, as it appereth be the courtrolles made of the viewe
hW in his courtz kepte at the said Holbech; and so of mykell

408 CONTIKUATIOIi OF THE HIOTOKT OP CBOXIAKD. A.D. l44>,

latter tyine possessed in the behalre ; which possession for sd
mykell is as it sem^ of less weght and force; I awaide,
ordejBgne, deem, and decree, that the said Thomas liord
Dacre, his heyres and his successours, shull nowe be his
tenaonts inquere in his courtz holden at Holbech of ^ach
trespas aod offences done wythyn the hyeghwaye, eomnumr
strete, and waastground, withjTi the said ground of Whaj^^
lode, and peseble punysh and correot only his own tenaimta
resyeng upon his grounde in the said ton of Whapplode,
which hold not of ti^e said Abbot of Croyland nor his success
sours beyng for the tyme. And iff the said Abbpt or his
suceessdurfe, eny tenaunt, or tenauntz of the said Abbot or his
successours, as of his manyer of Whapplode, or eny other
resyeng in the said ton, not tenaunt and resyeng of die said
Lord fiacre ground, his heyer or heyeres, withyn the sai4
ton of Whapplode, be presented in the court or courtz of
the Lorde Bacre beyng for the tyme, for any trespas, offence,
or mysprysion done withyn the said ton of Whapplode, or
wayes, stretes, or waast ground of the same. Ney the said
Lord Dacre, his heyer, nor heyeres, thevr officer nor officers,
nor theyr servauntz nor ministers shall in eny wyse execute
the said presentment, nor levy eny amerciament nor fyne of
the said Abbot, his successours, nor none of the tenantz of the
said Abbot, as of his manyer of Whapplode, or his successours,
or eny other resyeng in the said ton, not tenaunt and resyeog
on the said Lord Dacre ground withyn the said ton of Whapp-
lode, for the said cause. And in semblabele wyse, if the said
Thomas Lord Dacre or his heyres, eny tenaunt or tenauntz
of the saide lord or his heyres resyeng upon his ground in
Whapplode, not holdyng of thabbot beyng for the tyme, be
presented in thabbot’s court for eny trespas, offence, or mys-
prysion done withyn the said ton of Whapplode, or wayes,
stretes, or waastgrounds of the said ton, that ney the said
Abbot nor his successours, theyr assignes, servauntz nor mi-
nisters shall execute the said presentments, nor levy eny
amerciament nor fyne of the said Thomas Lord Dacre, his
heyres, nor noon of his tenauntz resyeng upon his ground in
Whapplode noght holdyng of thabbot nor his sucessours, for
the said cause.

”And whereas the said parties were in variaunce as for the
dryfft withyn the marysh and common of the said Ton of
Wliapplode and Holbech, I deem, award, and decree, that the

A-n. 1447. , AWAIiD: 0? THE BDBHOP OP XJNCOLy. . 409

Bald Thomas Lord Dacr^, and his hej’res, and the said Abbot
and his successours, shall take, occup5-e, and use theyr said
dryfPts withyn the said Mar}’8h of Whapplode and Holbech,
at such tyme as theym likes ; y ch of them be such wayes
within his own ton, and in such forme as it haath beene used
of old tyme, with ^lil maner of profetes, of wayfes, and straycs^
jBuid otiier liberties pertenyng to the said dryffts. Provided ah-
way, that the said. Thomas Lord Dacre, his heyres, nor his
^cc^sours, shall at no tyme of theyr dryfft make thejnr com-
mon waye thorow the said ton of Whapplode, nor noou waye
thereoff to the manyer of Holbech, but alonly thorowe Holbech
droue, and be other wayes of the said Holbech, as it haath
bene used of old tyme, but in cas that the said old wayes may
hot be used in forme as they haath bene afom tyme, because of
surundyng of waters, tiian the said Thomas Lord Dacre beyng
for the tyme, shall be his officers giff wamyng to the said
•Abbot, or to his officers, be reasonable tyme, to fom he enter
with eny such dryffts the ton of Whapplode, or the hyegh
yvBLje theroff, to the intent that the inhabitantz thereof may
remove and avoyd theyr Catell owte of the stretes and hyegh
waye theyre pasturyng for the tyme, that they be not chaced
nor driven forth to theyr hurt, with his said dryifts so to be
maade, shall mowe com thorowe the said ton of Whapplode
with his dryfft, noght clamyng there by eny tytle of ryght
iigeyn or contrarie to this my present award. And where the
said parties were in variaunce as for takynge of toll of the peo-
ple and persons comyng to the feyr and market withyn the
said ton of Whapplode, I deem, award, and decree, that the
said Thomas, Lord Dacn^, his heyres, nor noon of his officers,
shall in noo wyse take toll of eny person or persons comyng to
the feyr or market of the said Abbot in the said ton of Whap-
plode.

” Also, I deem^ award, and decree, that ether partie above
said, the Lord Dacre, for him and his hejTes, the Abbot for him
and his successours, shall make as suyer to the tother partie all
thees articles to hym thus demede, awardede, and decreed, as I
be advyce and counsell of leeined men lawMly shall con-
devyse, when and at what tyme ether partie requireth it of
ether, at the costs and expenses of the partie so requiryng and
diBsyryng. And that all actions, suytes and plees takyn, meved
Nbwi bangyng be ether partie in any Goourt ageyn other, be oc4

410 COXTINXTATIOK OF tRB HIbTOBY OF CBOYLAND. A.D. 1448.

casidii or cause of these premisses and matiers aboye rehersed,
shall utterly cees, be it be discontinuaunce or other wayes law-
.fiilL In wytnesse whereof to this my present awajnd, ordi-
naunce, jugement, and decree, tr3rpartytey one parte indented
xemanyng to the said Thomas Lord Bacre and his heyres ; and
to another parte remanyng anempste the 8£^d Abbot and his
>euccessours ; and to the thyrde parte remanying in Eegistrje
of the Byshoprych of Lincoln, I have sette to my seele.”

From the Croyland (Crowland) Chronicle