Archbishop Warham's Letters

Archbishop Warham's Letters

(Continued from Vol. I. p. 41.)

We have been compelled to diverge somewhat from our original intention, to make room for the Will of John Roper, of Eltham, father of William Roper, who married Margaret, the favourite daughter of Sir Thomas More. Besides its importance in relation to the controversy, perhaps the most serious, between Warham and Wolsey, this Will, as the testator seems to have anticipated, gave rise to much discussion, and was at last the subject of an Act of Parliament, passed in the year 1529. The succession to Roper's house in Kent, held by the custom of Gavelkind, appears to have produced disputes in the family, which could not be settled without so grave an interposition.

Nec Deus intersit nisi dignus vindice nodus Inciderit.

No private cause in England, whether considering the eminence of the parties concerned, or the issues involved in it, had, up to that time preferred so strong a claim on the majesty of Parliament.

This Will, and the Letters, are from originals in the Record Office, where further correspondence is preserved in connection with the Ropers, to which we may possibly have occasion to refer hereafter.

24. Archbishop Warham to Cardinal Wolsey

Pleace it your grace to understand that now lately I receyved letters from th’Abbat and Convent of Boxley, in whiche they offered to bynd thaire house by thaire writings obligatorie, to be sealed with thaire convent seale, for the payment of all suche sommes of money as th’Abbat oweth the Kinges highnes, birea-son of his collect. Wherein, he and his said convent desireth respite, and favor, touching dayes of payment to bee graunted, for a tyme in that behalf.

In whiche matier, seing the said Abbey is an exempte place of your graces jurisdiction, I wold bee very lothe to medle, miles I were in maner forced thereto, by thact of convocation, auctor-ising me, and my lord of London, to make processe against suche collectors as pay not thair collect, oocordingly as it is specified in the xviith and the xxith chapitur of the said convocation. And forasmuche as the said place is power, &nd much salting is thi-ther to the rode of grace, from all partes of this realme, I wold be lothe, if I myght chose, to interdicte the place, or, to put the fruictes of the same, under sequestration, tyll the kinges highnes bee payed for diverse causes, whiche I doubt not, but your grace wol son coniect.

Whereupon, considering that it is an exempt place of your graces jurisdiction, whiche I wold bee lothe to interdict, or sequester the fruictes thereof, and considering this matier con-cerneth paymentes to be made to the kinges grace, wherein, I am not mynded to gyve dayes, without your graces pleasure knowen in that behalf. I entierly beseche your grace to advertise me by your moost honorable letters, what is your graces mynde and pleasure best to bee doon in this caas, outher to interdict the said monastery, and sequester the fruictes; orals graunt thaim som respite and dayes of payment, upon thair wri-tinge obligatory under thair convent seale. Thabbat, as far as I can per-ceyve and lerne, is utterly disposed to lyve hardly and precisely, to bryng the place out of debt, and affore hand after this greate warnyng, and if I thought he wold not, I wold in no eaas wrote or speke any letter or word in his favor. Diverse men bifore this, have fallen sore, whiche have arrisen and recovered; and have doon as well and better, than they whiche never fell, and so I trust this Abbat woll, orals it were piety that he ahuld lyve muche longer to the hurt of so holy a place, where so many mi-racles be shewed. At my manor of Otford, the third day of May.

At your graces commandement,

WILLM. CANTAR.

To the moost Reverend Father in God, and my very singulru good lord, my Lord Cardinali of York and legate de latere good grace.

25. From the Same to the Same

Pleace it your good grace to understand that I have receyved your moost honorable and loving letters, dated at your graces place beside Westminster, the secunde day of this moneth of Marche, by whiche I perceyve how graciosly ye take in good part my fre and playne writing to the same, whereof in my moost herti.e wise I thank your grace, assuering you that unles I had had in your gracis uni!.oubted favors and benignite toward.is me verey singulier trust and confidence to write without displeasure, not only the playnes of my mynde, but also suche reportes as were brought unto me, I wold in no wise have attempted to disclose my said mynd and reportes so openly.

And where your grace adviseth me from hensfurth to give lesse credence to all thoes that have made suche untrue reaportes as bee conteyned in my said letters, studieng more to make divi-sion than to norisshe good amite and accorde bitwixt your grace and me. Suerly albeit I rehersed in my said letters suche rea-portes as were writen and spoken unto me, and none otherwise, as I shall annswere affore god, yet I trust it cannot bee gatherd of my said letters that I gave any fume credence to thoes re-port. For unfayneill.y whatsoever surmises sinister reportes or insinuations have been made or shalbe made unto me, by what-soever menys they com, they have not, and shall not rayse, kendyll, or ingender in me any part of grudge of mynde towardes your grace, orels any mystrust in your singulier goodnes, favors, and benivolence towardes me, which evidently towardes me and myne by substanciall experiment appereth dayly more and more, which your graces manifold good dedes bee more depely fastened in myne hert and remembrance, than can bee removed by any wordes or reaportes whiche your graces goodnes I am not able to recompense with any other thing than with my faithful hert, true love, and dayly prayer for your grace, whereof your grace, be:ing thus so good lord unto me, shalbee so well assuered as far as my litell power shalbe able to extende as of any thing :in this worle, orels I were far unkynd and unthankfull.

And I beseche your grace to think none otherwise in me but that I esteme and set by the favor of your grace a hunderth tymes and incomparably more than by the privat cause of Jane Roper or any suche.

And forasmuche as your grace writeth that your grace is con-tented at my desire to forbere further proceding in the principal matier of John Ropers testament tyl I may awaite on your grace after Ester, I hertly thank your grace, and entend therefor to bee shorter in writing at this tyme, and to differ my ful annswer tyl I may have present conference and communication with your grace, trusting that none of your graces counsail whiche is groundly lerned hath or wol persuade unto your grace, that by vertue of your legacy, notwithstanding the composition that I made with your grace as legate de latere, ye may procede seve-rally in knowlege of testamentarie causes, whiche heretofor have only apperteyned to the jurisdiction of my prerogative, and that without any breche of the said composition. If any lerned wol a6firm and prove the same, suerly he hath seen other lawes, or other understanding of lawes than I could ever know or per-coyve, and yet I have taken some payne to loke for suche ma-tiers.

Finally, I trust when I shal com to your graces presence so to declare my mynde to the same in every thing that your grace of your goodnes shalbee right wel contented ·and pleaced there withall by the grace of God, who preserve your grace in highe honor and dignite, long life and good helth, as good as I can desir to have myself. At my churche of Cantrebury, the vith day of Marche, [1524 ?]

At your grace commandement,

WILLAM CANTU.AR,

To the moost Reverend father in god and my verey singulier good lord my lord Cardinal of York and legate de latere good grace.

The Will of John Roper, Esq.

In the name of God Amen. I John Rooper, of the paroche of Eltham, in the countie of Kent, the xxvii day of Januarye, in the xv yere of our sovereign lorde King Henry VIII., and in the yere of our Lorde God m1 vc xxiij, being of hole mynde and good remembraunce, thankes be to God, make this my present testament in fourme folowing :-Furst, I bequethe my soule to Al-mightie God, our blessed lady sayncte Mary the Vyrgyn, and to all the company of heven, my bodye to be buryed in the churche of saincte Dunston without Westgate of Canterburye, in the chapell of Saincte Nycholas, in the same church where I have made my buryeng place. And I bequethe to the Vycar of the same churche, for my tythes necligently forgotten xiii8-iiijd. Item, to the reparacyons of the churche of holy crosse within the Westgate of Canterburye, xx•. Item, to the Vyoar of saincte B17des in London, for my tythes forgotten, :x:•. Item, to the Vycar of Eltham, for lyke cause, x•. And to the reparacyons of the same churche, :x::x.•. Item, to the reparacyons of the pa-roche churche of Swalclyf, xx8. Item, to the churche of Cosme and Damyane in the Bleen, for like cause, x•. Item, for lyke cause to Whitstaplè churche, :x:x•. Item, to the reparacyons of the churche of Hern, XX8. Item, to the reparacyons of the churche of Stowrmothe, :x::x:8. Item, to the reparacyons of the churche of Preston, beside W yngham, x.8. Item, to the repara-cyons of the churche of Ryver, beside Dover, vi8-viijd. Item, to the reparacyons of the churche of Ewell, vi•-viiid. Item, to the reparacyons of the churche of Saincte Stephin, besyde Caun-terbury, x:x:8. Item, I bequeth to the pryor of Christe Ohurche of Oaunterbury forsaide, and to the convent of the same place, for a dyrige and a masse of requiem to be sayed and song there, by the same pryor and convent in convenyent tym.e after my de-cease, vu, whereof the saide pryor to have :xx• for his labor, and the residue to be devyded amongst the convent of the same pla.ce, rateablye by the pryor of the same church for the tym.e being by his discression. Item, I bequethe to the Abbot of saincte Austen's, without the walles of Caunterbury forsaide, and to the convent of the same place, iijli-vj5-viijd, for lyke cause, whereof the saide Abbot to have for his labour xiij8-iiiji1 and the residue to be devyded, by the disoression of the Abbot there fo1· the tym.e being, rateablye amonst his convent. Item, I bequethe to the Abbot of Bataylle in Sussex, and to the convent of the same place, for lyke cause, iijli-vi9-viijd, whereof the Abbot to have xiij8-iiijd for his labour, and the residue to be devyded amongst his convent in lyke manner as, as aforsaide. Item, I bequethe to the Abbot of Feversham, and to his convent of the same place, for lyke cause, iij11-vj•-viijd, whereof the same Abbotte then being to have for his labour xs, and the residue to be devyded amongst his convent rateablye. Item, I bequethe to the pryour of saincte Gregorye, without the Northgate of Caunterbury forsaide, and to the convent of the same place, for lyke ea.use, xlS, whereof the pryour of the same place to have for his labour xs, and the resi-due to be devyded amongst his convent rateablye.

Item, I bequethe to the making of an horse way, for the fisshe wyves, and other, in the highway from Whltstaple, to the entring of the strete of saincte Dunston, without the Westgate of Caunter-bury, in suche place, and places, as the Abbot of Feversham that now is, and other myn ex:ecutours, shall thinke most necessary and convenyent, one hundredth markes, And the saide Abbot to have for his labour about the same xl8. And I requyre myn ex-ecutours to have at my buryeng dirige, and on the morow, xx:x: masses to be song and sayed, or mo by the discression of myn executours, without making of any gaye herse, other than iiij grete tapers of wex: to be set about the herse, to be light at the ser-vyce, and to be holden with iiij poure men with iiij blacke gownes, and iiij children with iiij blacke gownes, with iiij lesse tapers. And in lyke manner at my monethes mynde, And the prieste and clerke to have for theyr labours as myn executours can with them reasonably agree. And ferthermore, to order my buryall in such maner as my saide executours shall thinke necessary and con-venyent. Not passing perfourming of rny saide buryall, and monethes mynde, the expence of 100li which I will be therup-pon disposed by the advyse of my saide executors. And after yerely suche masses and dirige to be sayed ones in the yere, as in my last will shalbe declared, for the helth of my soule, and my frendes' soules, and all xtien soules.

And of this my testament I make and ordeyn the Reverende father in God the pryor of Christe churche of Canterbury for-said, for the tyme being, Sir John Fyneux, knight, chief Justice of the King's benche, Richard Broke, Judge, to whom I be-quethe iijli-vi•-viiiu, John Hales, one of the barons of the King his Exchequer, and Jane my wif, myn executours, for the assis-tence of the saide Jane in that behalf. And for the forther helpe of such labour and paynes as shall happen to be aboutte the accomplisshement of the premisses and perfourmyng of my testament and last will, I make also Christopher Hales, John Sethe, Robert Maycote, John Chilton, and John a Bery, myn olde servaunte, myn executours. And I bequethe to my wif Jane C.C.U, and to every of the same pryor, and Lorde Fyneux, for theyr labor, x marks, and to the saide John Hales, iijli-vi•-viiia, and to the saide Christopher, xls. And to every of the saide John Sethe, Robert Maycote, John Chilton, and John a Bery, xl•. And these bequests beforesaied of one 100ll for my buryall, or more as my saide executours shall think necessary and convenyent, and the saide 0.0.li to my saide wif, to be levyed of my moveable goods and cattalles if it will thereof arryse, orelis to be levyed of the yssues and proffytes of my manors, laudes, and tenementes, as is conteyned in my last will. And all the residue of all my saide bequestes aforesaide to be levyed of thissues and proffyttes yerely of my manors, landes, and tenementes in my last will specefied and conteyned: Ian.des and tenementes lymyted to my wiffe, Joynctors and londs and tenementes lymyted to my soonnes Edwarde and Ohristofer, and londs and tenementes for our yerely obyt to be kept in my last will of my manors, londs, and tenementes conteyned and spece-fied onely excepted; and all the residue of my saide moveable goodes and catalles to be disposed by my saide executours in maner and fourme also as in my saide last will of my mauours, landes, and tenementes is specefied and conteyned, desiring all my saide executours specyally of theyr charytees to cause this my present testament and last will to be fulfilled asmocb.e as they may. And if complaynte happen to be made uppon me after my decease of any Injury or Wrong don by me in my lif to any person or pe1-sous, and theruppon lawfull profe therof had and made by any suche person or persons, then I will my saide executours make recompence and amendes to the same person or persons so complayning, or otherwise agree with them, which recompence and amendes I will shalbe levyed of thissues and proffyttes of suche manours, landes, and tenementes as in my last will be lymyted and appoynted for payment of my debttes and dyvers bequestes in the same last will also specefied and conteyned.

This is the last will of me the saide John Roper, made the xxviiith day of January, in the xvth yere of the reigne of King Henry the VIII., as to the disposicyon of all my manours, landes, and tenementes, Rentes, Revercyons, Servyces, .A.dvowsons, and other heredytamentes, with theyr appurtenances, Wb.ereof I the saide John Roper ioynetlye with other be seased, or whereof any other person or persons ben seased to myn use, within the Counties of Kente, Surrey, the Cytee of London, or ellswhere, within the Realme of Englonde.

Fyrst, forasmoche as I have prqvyded and caused myn eldest soonne Willyam to be prefferred, and to be Joynt offycer with me in the office, of the chief clerke of our Sovereigne lorde the King, for plees before the same King to be holden, and per-ceyve the proffyttes thereof after my decease, the Atteyning of which office was to me no litle charge, And also where the grete parte of my saide manours, landes, and tenementes, to the yerelye value of one hundreth poundes and above, hen of the tenure and nature of Gavylkynde, and that londes and tenementes of the same tenure and nature of Gavilkynde, within the saide Countie of Kent ben, and the tyme that no manna's mynde ys to the contrary, ha.the hen parted and parteable emonge heyres males, and to thintente my soonnes after my decease, shall have no cause to varye amongst them selffes, or to stryve for the partycyon and devyding of the same, I therefore openly declare this my saide last will concerning my saide manou.rs, landes, and tenementes, by these presentes in fourme folowing, that ys to saye:

Fyrst, I will that all the saide persons, theyr heyres, and assignes, seased of and in all my saide manours, landes, and tenementes, Rentes, Revercyons, Servyces, .A.dvowsons, and other heredytamentes, with theyr appurtenances aforesaide, shall after my decease ymedyatly stonde and be seased of and in my manor place of Welhawe, Courtelage, Barnes, Stables, Gardeyns, Orchards, the motes and waters there, in the paroohe of El-tham, with theyr appurtenances, in the saide Countie of Kent; And also of and in my pryncypall place, with the barnes, sta-bles, courtlages, and gardeyns, with theyr appurtenances, in the paroche of Sainote Dunstons without the walles of Caun-terburye, in the saide Countie of Kent; and also of and in my pryncypall place called Chestfelde, with the barnes, stables, gar-deyns, and Orchards, with theyr appurtenances, in the paroche of Swalclyf, in the saide Countie of Kent: and of and in every of them, to the use of Jane my wif, aslong and all the tyme that the saide Jane do lyve sole unmaryed, without impeche-ment of waste, wilfull waste as of plucking downe of houses onely excepted; And also of the pryncypall mansion place called the lodge, with the quadrante, the kitchen, the houses next ailioyning to the same, called the milkehouse, the dof house, Gardeyn, and orchard, in the paroche of Linsted, during her lif, notwithstanding that she marye. Which pryncypall mansion place and houses in Lynsted aforsaid, amongst other landes and tenementes, Sir John Fyneux, knight, chief Justice of our sove-reigne Lorde the King, at plees before the same King to be holden, by his writing gave and graunted to me, and to the saide Jane my wife for ever, to dispose it to any of the soonnes of me the saide John Roper and Jane, which it shoulde lyke us to lymyte yt unto. And over that I will that the saide Jane shall take and perceyve to her owne use, of thissues and proffyttes of all the saide manours, landes, and tenementes aforesaide, in such place and places as hereafter in this my last will shalbe appoynted, one hundreth markes, and fewell for her household yerely during her lyf. And also I will that the issues and proffyttes lymyted for the joyntour of the saide Jane shalbe at the lymytacyon and poyntement of the same Jane during the space of x yeres after her decesse, to be disposed at her Will if she lyve sole.

Ferthermore I will my saide wif, lyvyng sole unmaryed, shall yerely after my decesse receyve and take xiijll-vjs-viijd of this-sues and proffyttes of the saide manor called the logge, and of all other landes and tenementes in Lyusted aforsaid, Dodington, Kingsdowne, and Norton, within the saide Countie of Kent, and of my londes and tenementes in Estgrenewich, and Candelwike Strete in London, till my Soon Edwarde cummeth to the age of :xxiiij yeres, towardes the exhibycyon and fynding of my saide soon Edwarde to lerning, and to kepe my saide sonne Edwarde therewith honestly during the saide terme. And when my saide soon Edwarde cummeth to the age of xxiiij yeres, then I will that my saide wif shall trewly content and paye to my saide soone Edwarde, that ys to say, of the issues and proffytes of the saide manor called the Logge, and of the londes and tenementes in Lynsted, Kingsdowne, Norton, and Dodington; of the saide londes and tenementes in Estgrenewich, and also of the saide londes and tenementes in Candelwike Strate in London, xx.li at the feastes of Saincte Michaell the Archaungell and tha:nnuncya-tion of our lady the Vyrgyn, by even porcyons yerely, as long as the saide Jane doth lyve sole un.maryed.

And if the saide Jane be maryed or decesse before thage of xxiiij yeres of the saide Edwarde my soone, then I will that my saide feoffes, theyr heyres and assignes, shall stonde and be seased of all the saide londes and tenementes in Lynsted, Kingsdowne, Doilington, and Norton, with theyr appurtenances, and of the saide londes and tenementes in Estegrenewiche and Candelwike strete in London, with theyr appurtenances, to the use and intente that the saide Edwarde shall have and perceyve of thissues and proffyttes thereof to his exhibicyon and fyncling xiij1i-vi8-viij'1, till he cum to the saide age of xxiiij yeres; and after when he cwnmeth to the age of xxiiij yeres, then the saide Edwarde to have and perceyve of thissues and proffyttes thereof yerely xx.ll, unto suche tyme as my dettes, bequestes, and other charges expressed in my last will bee paied, or as much therof as will extende for payement of the same. And if the saide Edwarde decesse afore he cum to the age of xxiiij yeres, then I will the saide Jane to content and paye yerely to my soone Ch.ri.stopher of thissues and proffyttes of the saide landes and tenementes yerely xiijll-vjs-viijd, towards his exhibicyon and fynding, till my saide soone Ohristofer cumme to the age of xxiiij yeres, or as long as the saide Jane lyveth sole unmaryed. And after that the saide Chrystofer hath perfyted his saide age of xxiiij yeres, then I will that he shall have and perceyve yerely xx.li, of the saide issues and proffyttes, to be paied yerely as ys aforsaide to thuse and performaunce of my saide last will. And after that the saide Jane bee maryed, or decesse, then I will the saide Chrystofer shall have and perceyve yerely as ys aforsaid of thissues and proffyttes of all the saide manours, londes, and tenementes, xxll, towardes his exhibicyon and fynding, till my saide dettes, legaces, and other bequestes expressed in my saide last will be paied and parfourmed, and after the same to him and his heyres for ever.

And over this I will that my soone Edwarde shall have and perceyve to him and his heyres for ever after the dettes, lega-cies, and bequestes be aforeseide be paied and perfourmed, the manour place called the logge, with the quadrante, the kitchen, the houses next allyoining to the same, called the mylkehouse, the dof house, with the gardeyn and orchard, in Lynsted aforsaid, with all the landes, tenementes, and hereditamentes in Lynsted, Kingsdowne, Dodington, and Norton, aforesaide, and also the saide londes and tenementes in Estgrenewich, and Candelwike strete in London aforsaid, excepte suche tenementes as I lymyt to John Sutton and Alys his wif, during theyr lyfes, whiche shall remayne after theyr decesse to my soone Edwarde and to his heyres in fourme aforsaide.

Also I will that my feoffes, theyr heyres and assignes, shall stonde and be seased of and in the mannour of Brabourne, in the saide Countie of Kent, with thappurtenaunces, to thuse of the saide Jane my wif, duryng hir lyf, the remaindre thereof to my soone Christopher and to his heyres, male, on the condycion that the saide Christopher shall paye to Jane my daughter, towardes hir mariage, ccl markes. And if the saide Christopher decesse with-out issue male, then I will that the saide Jane my wif shall take and perceyve yerely the proffyttes of the saide mannour of Brabourne, and after the decesse of hir the saide Jane my wif, then I will that the saide mannour of Brabourne shall remayne to my soone Edwarde and to his heyres male for ever.

Also I will that after the dettes, legacies, and other bequestes be aforeseide bee perfourmed, that my soone Edwarde shall have and perceyve yerely of the proffyttes and yssues of all my manours, landes, and tenementes in the paroches of Eltham, Lewysham, and Grenewiche, with thappurtenaunces, to thuse of him and his heyres for ever, of the yerely value of one hundredth poundes, withoute Impechement of Wast, whiche shall bee lymyted to him by my feoffes and executours, as they shall thinke good, whiche to bee don by theym within vi monethes next after the day of my decesse. And over this I will that after the perfourmaunce of my saide last will, that my feoffes, theyr heyres and assignes, shall stonde and be seased of and in all other my manours, landes, tenementes, advowsons, rentes, and servyces, with theyr appurtenaunces within the countie of Kent, Surrey, the Cytee of London, or elswhere within the Realme of Englonde, to the use of my soone Willyam and of his heyres for ever.

In wytnes of whiche my last will and testamente, I have to this my present testament and last will, signed my name, and setto my seale of armes the daye and yere above sayde. My lorde pryor of Christe churche of Caunterbury, Sir John Fyneux, knyght, Richard Broke, John Hales, Sir Edwarde Poynengs, Sir Thomas Bulleyn, Sir Henry Guldeforde, Sir Willyam Skeffington, knyghtes, have putto theyr scales, and also William Dauns, Richard Warner, William Islepe, Johane my wif, Christopher Hales, Robert Maycote, John Chilton, and John a Bery have setto theyr scales as wytnesses of the same.

26. Archbishop Warham to Cardinal Wolsey

Pleace it your grace to understand, that at the requeste of John Moyle, this berer, my servaunt, I sende now unto your good grace this byll enclosed of the saide John Moyle, trusting that your good grace woll graunt unto the same John Moyle such reasonable desyres, as be expressed in his said supplicacion, considering he hathe long tyme contynued your servaunt, and hath doon your grace right good servyce and pleasur, as this berer John Moyle woll declare unto your grace more at large. As knoweth our Lorde, who kepe your grace in long lyf and goode helth to his pleasure. At Knoll, the viiith day of Novembre.

At your gracis commandement,

WILLM. CANTUAR.

To the most Reverend Father in God, my Lorde Cardinall of Yorke and Legate de latere.