UNIVERSITY OF FLORIDA LIBRARIES Digitized by the Internet Archive 2015 in https://archive.org/details/listofproceeding00newy_1 PUBLIC RECORD OFFICE, LONDON LISTS AND INDEXES, No. XXI. LIST OF PEOCEEDINGS IN THE COURT OF REQUESTS, PRESERVED IN THE PUBLIC EECORD OFFICE. VOL. I. BY ARRANGEMENT WITH HER MAJESTY’S STATIONERY OFFICE, LONDON NEW YORK: KRAUS REPRINT CORPORATION 1963 Calligraphic amendments incorporated from the master copy in the Search Room of the Public Record Office This series was first published on behalf of the Public Record Office by Her Britannic Majesty’s Stationery Office as follows: Vols 1-38 between 1892 and 1912; Vol 39: 1913; Vols 40-43: 1914; Vol 44: 1915; Vol 45: 1917; Vols 46-48: 1922; Vol 49: 1923; Vol 50: 1927; Vols 51-52: 1929; Vol 53: 1931; Vol 54: 1933; Vol 55: 1936. Reprinted by permission and with the authority ofthe Controller ofHer BritannicMajesty’sStationery Office. Kraus Reprint Corporation 16 East 46th Street, New York, 17, N.Y. The manuscript amendments in this edition are @ British Crown Copyright 1963. Printed in the United States of America — FOR AN INTRODUCTION TO THIS REPRINTED SERIES, SEE VOLUME I. P K E F A C E . Tiii.s list iuchuli's the existing Proceedings of the Court of Requests from th(' reigu of Henry VII to that of Philip and Mary, with part of those of the reign of Elizabeth, as follows ; Bundles 1-13 Henry VII and Vlll. Bundles 14-H) ... Edward VI. Bundles 20-25 - Philip and Mary. Bundles 26-136 . - - - Elizabeth. The records (T this court, like those of the Star Chamber, belonged to the Treasury of the E.xchequer, and were therefore preserved in the Chapter House at Westminster before their transfer to the Public Record Office.** The bills are addressed to the Sovereign, and habitually refer to the court as his council. Thus the earlier suits are almost indistinguishable from those of tlic‘ Star Chamber, except that the form of process sought is generally described as a wult of privy seal, and not as a w’rit of subpoena. A somewhat later designation is “the Court of Whitehall," or “your Majesty’s Council in the White Hall." This was, of course, not the palace of Whitehall, but the hall in the Palace of Westminster which at the time of the fire in the last century was the meeting-place of the tloiise of liOrds, The phrase “Court of Requests,” though known earlier, does not become common until near the end of the reign of Edward VI, and, like the title of the Star Chamber, is generally joined with the w'ord “Council." These phrases imply that the Court of Requests, like the Star Chamber, was simply one form of the activity of the Council and we find in the ; printed volume of Acts of the Council for 1547-50 an entry dated 14 November — 1549; “The Hordes agreyed to heare Mr. Hare, Master of the Requests, ordynarely uppon the Wedynsdayes in thc> afternone, if mattier for the King of greater importaunce did not lett.” No trace of these special Wednesday sittings appears in the Council books and those of the Court of ; Requests are unfortunately lacking at this date. Two years later, the business was placed in the hands of a committee. In the ninth voluume of orders of the Court, immefiiately preceding the entries for Hilary term 6 Edw. VI, is a list headed “ Commissioners apf)oytid {sic) to sytt in the Courte of Requestes anno regni regis E. vj“ sexto.” Of the eight names following, none are PriNy Councillors, except Thomas [Thirleby], bishop of Norwich. It is thus clear that before the end of the reign of Edward VI the work of the court was done by a body not consisting wholly of Privy Councillors. Nevertheless, it was still the Council in theory, the appearances of suitors being constantly entered as “ coram consilio domini regis." Seventh Report of the Deputy Keeper of the Public Records, p. 13. —— IV I he proceedings show that the court dealt with civil business of every kind. But it seems to have been intended for particular classes of suitors. In a small volume ascribed to Sir Julius Caesar, himself a Master of Requests, printed in 1597, and entitled “ The Ancient State, Authoritie, and Proceedings of the Court of Requests,” is the following paragraph ; “The persons plaintifs, and Defendants, betwene w^hom they judged, were alwayes either priviledged as officers of the Court, or as their servants, or as the Kings servants, or necessarie attendants on them or els where the plaintifs ; povertie, or mean estate was not matchable with the wealth, or greatnes of the Defendant or where the cause meerely contained matter of equity, and : had no proper remedy at the Common law or where the cause was specially : recommended from the King, to the examination of his Councell or causes : concerning Universities, Colledges, Schooles, Hospitalls, and the like.” It is not an unusual form of demurrer to state that the matter is determinable at common law and sometimes this is the only plea. ; A copy of the above named book, with manuscript additions partly by Sir Julius Caesar, is preserved in the British Museum under the reference Lansdowne MS. J25. One of these additions, printed in the Selden Society’s volume of Select Cases in the Court of Requests, is a set of rules for its conduct dated 35 Henry VIII, of which the third paragraph runs as follows : “3. That all gentlemen which bringe complaintes to the Kinges Grace or his Counsell, not being his Graces howsehold servants attendant upon his person, having landes to the yearlie value of or all such other , persons that have goodes and chattells to the somme of be remytted , to the common lawe, and in default of remedie there, to the Kinges high Court of Chauncerie, considering their suites to be greatlie to the hinderaunce of poore mens causes admitted to sue to the Kinges Grace, and that all such persons be triedby their oathes, touching their landes and goodes.” Accordingly in an undated but early answer iti this collection (Bundle VIII, No. 180), the defendant demurs “wheir hyt ys establyshed, ordenyd, determyned and : decreed by thys honorable court that noo person nor persons haveyng of hys or their owne proper goodes above the valeu of xx li. shall exibytt or procure any byll of complaynt from hensforth yn thys honorable court agaynst any person or persons, and yf any oft'ende or do contrail {sic) to they {sic) ordin- aunce abovesayd, their sayde byll of corapleynt to abate and to be clearly voyde and of non effect contrarye to wyche good ordinans and decree the ; sayde Johane havyng yn londes to the value of v li. by the yere and goodes yn valeu above the som of xx li. sterlyng hathe, con- trarii to the sayde holsom and good ordynans, exibyted and procured one byll of compleynt agaynste the sayde Robert The wyche maters the sayde Robert ys reddy to aver and prove and prayth to be dysmyssed and dischargyd owt of thys honorable court with ys reasonable costes and damages susteynyd yn that behalf acordyng to the good and holsom ordynans aforesaide.” V But the frequent appearance of men of rank and wealth as plaintiffs proves that these limitations were not observed, but that the Court of Requests imitated all the other courts in a vigorous competition for business. In the latter years of Elizabeth, the Court of Requests came into repeated conflict with the Court of Common Pleas; and in Michaelmas term, 40-41 Eliz., the latter court decided in the case of Stepney v. Floud that the Court of Requests had no power to issue warrants for arrest under the Privy Seal. This blow, however, was not destructive; for the (Jourt of Requests continued to do abundant business till the outbreak of the Civil War. Further particulars with regard to this Court will be found in the Selden Society’s volume mentioned above. The following List has been prepared by the late Mr. P. S. L. Hunt, Mr. H. Rodney, M.A., and Mr. J. B. W. Chapman, M.A., of this Department. Mr. Chapman has put together the preceding notes upon the Court of Requests. Public Record Office, MAXWELL 9 April, 1906. H. C. LYTE. —— IV Ihe proceedings show that the court dealt with civil business of every kind. But it seems to have been intended for particular classes of suitors. In a small volume ascribed to Sir Julius Caesar, himself a Master of Requests, printed in 1597, and entitled “ The Ancient State, Authoritie, and Proceedings of the Court of Reguests,” is the following paragraph : “ The persons plaintifs, and Defendants, betwene whom they judged, were alwayes either priviledged as officers of the Court, or as their servants, or as the Kings servants, or necessarie attendants on them or els where the plaintifs ; povertie, or mean estate was not matchable with the wealth, or greatnes of the Defendant or where the cause meerely contained matter of equity, and : had no proper remedy at the Common law or where the cause was specially : recommended from the King, to the examination of his Councell • or causes concerning Universities, Colledges, Schooles, Hospitalls, and the like.” It is not an unusual form of demurrer to state that the matter is determinable at common law and sometimes this is the only plea. ; A copy of the above named book, with manuscript additions partly by Sir Julius Csesar, is preserved in the British Museum under the reference Lansdowne MS. J25. One of these additions, printed in the Selden Society’s volume of Select Cases in the Court of Requests, is a set of rules for its conduct dated 35 Henry VIII, of which the third paragraph runs as follows ; “3. That all gentlemen which bringe complaintes to the Kinges Grace or his Counsell, not being his Graces howsehold servants attendant upon his person, having landes to the yearlie value of or all such other , persons that have goodes and chattells to the somme of be remytted , to the common lawe, and in default of remedie there, to the Kinges high Court of Chauncerie, considering their suites to be greatlie to the hinderaunce of poore mens causes admitted to sue to the Kinges Grace, and that all such persons be triedby their oathes, touching their landes and goodes.” Accordingly in an undated but early answer iti this collection (Bundle VIII, No. 180), the defendant demurs “wheir hyt ys establyshed, ordenyd, determyned and : decreed by thys honorable court that noo person nor persons haveyng of hys or their owne proper goodes above the valeu of xx li. shall exibytt or procure any byll of complaynt from hensforth yn thys honorable court agaynst any person or persons, and yf any offende or do contrail [sic) to they (sic) ordin- aunce abovesayd, their sayde byll of corapleynt to abate and to be clearly voyde and of non effect contrarye to wyche good ordinans and decree the ; sayde Johane havyng yn londes to the value of v li. by the yere and goodes yn valeu above the som of xx li. sterlyng bathe, con- trarii to the sayde holsom and good ordynans, exibyted and procured one byll of compleynt agaynste the sayde Robert The wyche maters the sayde Robert ys reddy to aver and prove and prayth to be dysmyssed and dischargyd owt of thys honorable court with ys reasonable costes and damages susteynyd yn that behalf acordyng to the good and holsom ordynans aforesaide.”