The Council of the West Author(s): Caroline A. J. Skeel Source: Transactions of the Royal Historical Society, Fourth Series, Vol. 4 (1921), pp. 62-80 Published by: Cambridge University Press on behalf of the Royal Historical Society Stable URL: http://www.jstor.org/stable/3678328 . Accessed: 06/11/2014 19:37

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BY CAROLINE A. J. SKEEL, D.LIT., F.R.HIsT.S.

Read May 21, 1921

PROF. BALDWIN has traced the history of the King's Council down to the year 1540 when " the chiefproblems whichaffected the institutionduring the middleages were practicallysettled." There was no longerdanger of sub- servienceto privateinterests; on the contrary,the Council was the means wherebythe Tudor monarchyperformed its work. So successfulwas governmentby Councilthat it was applied to districtswhere special difficulties existed; local Councils workedin close connectionwith the Privy Council. The Councilof the West, or the Councilin the Western Parts,was thelatest in origin,briefest in duration,the least important,and the least interesting,of the three local Councilsof the Tudor period. The beginningsof the Council in theMarches of Wales and theCouncil of the North can be tracedback at least to the fifteenthcentury: both of them enduredtill the seventeenthcentury. The criminaljuris- dictionof both was abolishedby the Long Parliamentin 1641, thoughthe Councilin the Marcheswas revivedas a civil courtat the Restoration,and was not finallyabolished till 1689. The Councilof theWest had a definitebeginning in 1539, and seems to have come to an end some time before the death of Henry VIII in 1547. It has left few traces, and referencesto it, contemporaryor later,are hardto find.1 1 Coke gives the Council a few lines in his Fourth Institute. References to Lord Russell as the firstand only President of the Council are to be found in Wiffen'sMemoirs of the House of Russell, in Mrs, Rose-Troup's 62

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Only once is it mentionedin the Statute Book, in the Subsidy Act,32 H. VIII. c. 50:- " The Bill for the subsydy. Consideryng. . . what yerely costes and chargesalso his Majestie is at and of long timehath bene, forand aboute the stablissingof three Presidentesand discreatseverall Counsailes, as well in the Marchesof Wales and the Shires thereuntoadjoyning, as in the North and Weste parties of the Realme. By reason wherof,his true subjectes poor and riche,without tract of tymeor any greate chargesor expenses have undelayed Justice daylye administredunto them." 1

The document that throws most light on the history of the Council is the copy of the Instructions2 : these are evidently modelled on the Instructions to the Council of the North,3a comparison of the two showinglittle variation in wording save in the preamble. The Instructions are addressed by the King to eighteen councillors,headed by Lord Russell. The other names are: the Bishops of Exeter and Bath (John Voysey and John Clerk),the Dean of Exeter (Simon Heynes), Sir Piers Edgcombe, Sir Thomas Denys, Sir John Arundell the elder, Sir Giles Strangways, Sir Thomas Arundell, Sir , Sir John Horsey, Sir William Godolphin, Sir , John Rowe, serjeant- at-law, Richard Pollard, Lewis Fortescue, William Portman and Thomas Derby (the secretary). The reason for the establishmentof a Council in the westernparts of the realm, i.e. in the shires of Devon, Cornwall, Somerset, Dorset, and the city and county of Exeter, is stated to be the need of speedy and indifferentadministration of justice between party and party. The councillors were to lay aside all partiality in the execution of their duties and without

WesternRebellion of 1549, in Lady Radford's article on Abbey in the Transactions of theDevonshire Association for 1914 (p. 142), and in the article on the firstLord Russell in the Dict. Nat. Biog. 1 This shows that the Council of the West was not " set up by statute " in 1540 (Holdsworth, History of English Law, Vol I, p. 278. 2 Cotton MS. Titus, b. i, ff. 172-7. 3 L. and P. Hen. VIII, vol. xiii, pt. i. (1537), No. 1269.

This content downloaded from 50.79.190.201 on Thu, 6 Nov 2014 19:37:43 PM All use subject to JSTOR Terms and Conditions 64 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY delay wereto bringin all malefactorsin places withintheir jurisdiction. Ten of them(the Bishop of Bath and nineof thelay members)would attend at theirpleasures, save when speciallysent forby the Lord President,though they were expectedto be presentat the fourgeneral sittings. Seven of them (the Bishop of Exeter, the Dean of Exeter, Sir Thomas Denys, Sir Hugh Pollard, John Rowe, Lewis Fortescue and Thomas Derby, the secretary),or at least threeof them, were to givecontinual attendance on theLord President. The yearlysum paid to the Lord Presidentfor the dietsof himself,the councillors,and theirservants, was to be ?i,ooo; the numberof servantsallowed was four, three,or two, accordingto the councillor'srank. The fees allowed for twelve of the lay memberswere as follows: for forfour members ?30 Serjeant Rowe, ?26 13s. 4d. apiece and ?13 6s. 8d. apiece forseven members; apparentlythe othermembers were to serve withoutfee. The fees were to be paid out of the profitsof the Crownlands in theWest, fourtimes a year, at the usual dates. In order to give the Presidentand Council sufficient authorityin criminaland civil causes, two commissionsof oyerand terminerhad been commandedby the King to be made out under the Great Seal. Power is given to the Presidentand Councilto punishthose who neglect or despise theirorders, and those who speak seditiouswords, invent rumours,or commitoffences not amountingto treason; the punishmentsmentioned are the pillory,cutting off ears, displayingpapers, etc. Otheroffences especially within the purviewof the Council were riots and unlawfulretaining and givingof liveries. Theywere also to enforceconformity to " suchelawes ordenancesand determynacionsas be made passed and agreed upon by his graces parlyamentand Clergye" especially against " the usurped and pretended power of the Bisshopp of Rome " and the observanceof " vayne holy dayes." They werealso to " make diligent Inquisicionwho shal take yn or incloseany commonscalled intactes,who be extremein takingGressoms and arrering

This content downloaded from 50.79.190.201 on Thu, 6 Nov 2014 19:37:43 PM All use subject to JSTOR Terms and Conditions THE COUNCIL OF THE WEST 65 of Rentesand soo call the partyesthat have soo used them- selfeseyvell therein before them and havingall Respectes or affectionsaparte theyshall take such orderand redresse of the enormityesused in the same as the poore people be not oppressedbut that theymay lyve aftertheir sortes and qualities". This clause showsthat the instructionsfor the Councilof the Northwere used forthe Councilof theWest withoutregard to the fact that gressomwas the North- countryname for the fine paid by a tenanton enteringupon his lands. Poor suitors might have counsel furnished withoutpayment. The decreesof the Councilwere to be enteredby the Secretaryimmediately in a book whichwas to remainin the custodyof the President. Much is said aboutfees, that question on whichso muchink was expended by criticsof the Councilof the Marches. The Councilwas to meetat fourplaces in the year,staying at least a month at each. Thereis a regrettableblank space in the MS. for the firstmeeting-place; the othersare Exeter,Dorchester and Wells. It is probablethat the othermeeting-place was Tavistock; this would have been speciallyconvenient for Lord Russell, since, afterthe dissolutionof the Abbey of Tavistock, its lands and its rightsover the town were transferredto him; sometimeshe speaks of " my townof Tavistock". Moreoverthere are at least three definite statementsthat the Councildid meet at Tavistock.1 It may be conjecturedthat the reason forestablishing the Council was not merelythe laudable desire to give increased legal facilitiesto the inhabitantsof the four westerncounties. It was due also, in all probability,to the fearthat the West mightfollow the exampleof theNorth in 1536 and break out into open rebellion. Quite recently therehad been disturbancesin Somersetover the visitation of the monasteriesin 1535; thesehad been dealt withby

1 L. and P. Hen. VIII, vol. xiv, pt. ii (1539), 190, p. 55. Hoker's CommonplaceBook (City of Exeter Muniment Room), f. 344. Jewett's Historyof Plymouth, p. 88, under date 1538. " Wm. Hawkins again Mayor. The King established a council for the west at Tavistock," TRANS, 4TH S.--VOL. IV. F

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Lord Fitzwarrenand Lord Houston,and 140 personswho had been condemnedfor high treason in taking part in unlawful assemblies had been pardoned. Similar dis- affectionhad been shown in Dorset.' In Devon Henry mightwell fear the resentmentof the old familiesat the executionof the Marquis of Exeter, HenryCourtenay, on thecharge of treason (1538). Amongthe accusations against him is included the statementof a certainclothier that " the date of the King was almostout and that therewas but fouror fiveyears to come and then my lord Marquis would be King". An additionalmotive for the establishment of the Council may wellbe foundin the resentment,in the West as in the North,at thedissolution of the monasteries and theabolition of sundry holy days. Sir William Godolphinwrote to Cromwellin 1537 concerningthe desireof the Cornishmen to retain their holy days.3 How the proceedingsof the commissionersfor suppression of monasterieswere regarded in Exeter may be seen from the narrative of Hoker, historianand chamberlainof the city.* He relatesthat in the summerof 1535 Sir John Tregonwell,Sir Thomas Arundelland othercommissioners came to Exeterto suppress all the religioushouses of the sum of 300 marksor They began with the Priory of St. Nicholas, andunder. after viewingit, went offto dinner,commanding that during theirabsence the rood-loftof the churchshould be pulled down. " In the meanwhile,and beforethey did return, certainwomen and wives in the city,namely Jone Reve, ElizabethGlanfeld, Agnes Collaton, Alys Miller, Joan Rede and others,mynding to stop the suppressingof that house, camein at last to thesayd churche; the dore being fast, they brokeit open and findingthere the man pullingdown the rood-loft,they sought all the meansthey could to take him 1Cotton MS. Titus, B. i, f. 97. L. and P. Hen. VIII, vol. x, 702 and 1015 (26). 2 L. and P. Hen. VIII, vol. xiii, pt. ii, 961. 3 Ibid., vol. xii, pt. i (1537), IoOI. * Printed in Oliver's Monasticon Dioeceis Exoniensis, p, II6.

This content downloaded from 50.79.190.201 on Thu, 6 Nov 2014 19:37:43 PM All use subject to JSTOR Terms and Conditions THE COUNCIL OF THE WEST 67 and hurledstones unto him, insomuch that forhis safetyhe was drivento take the towerfor his refuge,and yet they pursuedhim so eagerlythat he was enforcedto leap out at a windowand so save himself,and veryhardly he escaped thebreaking of his neck, but yetbrake one ofhis ribs. John Blackaller,one of the aldermenof the citybeing advertised hereof,he withall spede gate himto the said monasteryso thinkingthat what with fair words and what with foul words,to have stayed and pacifiedthe women: but how- soeverhe talkedwith them, they were playn with hym and the foresaidElizabeth Glanfeldgave him a blow and sent him packynge. The mayor(William Hurst) having under- standinghereof and beingvery lothe the visitorsshould be advertisedof any such disordersand trobles,he came down withhis officers.Before whose comyng they had made fast the churchedores and had bestowedthemselves in places meet as theythought to stand to theirdefence. Notwith- standingthe mayorbroke in upon themand withmuch ado he apprehendedthem and took themall and sent themto ward. The visitorsbeing then acquaintedtherewith, they gave thanksto the mayorfor the care and diligenceof their servicesand so they proceededto the suppressingof the house,and beforetheir departure they intreated the mayor forreleasing of the women." Thus theCouncil would be speciallyconcerned to repress any manifestationof attachmentto the Courtenayfamily and any demonstrationin favourof the old religion. The intimateknowledge that Cromwellpossessed of the Council in theMarches of Wales and the Councilin theNorth makes it probablethat the establishmentof thisthird Council was in a large measurehis work. The Councillorswere well chosenfor their task: they were forthe most part definitelyassociated with the new orderof things,especially the Lord President. Sprungof a Dorsetfamily which became prominent only in the reignof Henry VII, Russell was a favouriteof Henry VIII, who employedhim in diplomaticbusiness and in warfare. He

This content downloaded from 50.79.190.201 on Thu, 6 Nov 2014 19:37:43 PM All use subject to JSTOR Terms and Conditions 68 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY was Sheriffof Dorset and Somerset in 1528; in 1539 he was present at the execution of the Abbot of Glastonbury, and in the same year he was made Baron Russell of Chenies, High Steward of the Duchy of Cornwall and Lord President of the Council of the West.1 Russell gained enormouslyby the Reformationchanges; he was granted the lands of the abbeys of Woburn and Tavistock, and the site of the Dominican convent in Exeter, on whichBedford House was built. He also derived considerable sums from other monastic houses, such as Selby, Peterboroughand Croyland. For his services in the suppressionof the Western Rebellion in 1549 he was made Earl of Bedford. The Corporationof Exeter has quite recently acquired an early seventeenth century common-place book, in which there is a poem on Russell's son Francis, the second Earl of Bedford. The firstEarl is thus described: " his noble sier in Henryeseye a pearl clymbdby degreesuntil he was an Earle." The second of the Councillors,Bishop Voysey, was a person of some note; between 1525 and 1534 he had been President of the Council of the Marches; earlierstill he had been commissioner in the inquisition on enclosures in 1517-18. Under him muchof the propertyof the see of Exeter was alienated; one of the ChapterAct Books has the inscrip- tion:-" contains the alienations of Bishop Voysey". Thereis also a grim notice of him in Hoker's Exeter2 :- " he whenhe had consumedthe bishoprikeof her landes Dyed sodenlyin a pange at his house of SuttonColshill3 1555 and was there buryed ". Voysey readily carried out the King's commandsas to holydays; in October,1539, he admonishedhis archdeaconto endeavourto rootout certain abuses; artificersand labourers left their work every

1 The article on Russell in the Dict. Nat. Biog. wrongly gives 1540 as the date of his appointment as President. 2 Hoker's History of Exeter (Devon and Cornwall Record Society), p. 236. 3 i.e. Coldfield.

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Saturday " after the right custom and usage of the Jews from noon till evensong " ; fishermenwould not go to fish on certainSaints' days, and shoesmithswould not shoe a horseon St. Lewis's day, nor would carrierscarry hay and other thingsnecessary to the use of man.1 A few vivid pictures of this Tudor bishop can be formed from casual referencesin the Letters and Papers. For example, John Worth writesto Lady Lisle (15 May, 1539), that the Bishop of Exeter came to London on Saturdaywith eighty horses in a livery,lighted at my lord Privy Seal's gate at St. James's and spoke with him. At his departurehe gave twentynobles in rewardto the officersof the house.2 The membersof the Council in nearly every case had some connection,family or official,with the West Country. Several served on commissions of the peace, commissions foroyer and terminer,for musters, for assessing and collecting contributions. Sir Thomas Denys was many times High Sheriffof Devon and for thirty years he was Recorder of Exeter, where his coat-of-armsis still to be seen in the Guildhall on the north wall. Sir Piers Edgcombe was Sheriffof Devon in 1528 and the same officewas held thrice by Sir Hugh Pollardand once by RichardPollard. Richard Pollard was also made chief steward of the Marquis of Exeter's forfeited lands (1539). Many of the members besidethe Lord Presidenthad to theiradvantage taken part in the recentdissolution of the monasteries.3 The member 1 L. and P. Hen. VIII, vol. xiv, pt. ii, 342. 2lIbid., pt. i, 967. 3 Sir Thomas Arundell had acted with Tregonwell as a commissioner for suppression of religious houses and had received the tithes of the Scilly Islands, which had formerlybelonged to Tavistock Abbey, also the house and site of the College or Chantryof Slapton. Sir Thomas Denys, who had been much employed by Cromwell,had gained the site of Buckfast Abbey. Sir Piers Edgcombe had tried to secure the temporalities of St. Mary's Priory, , and also of CornworthyAbbey. Sir Hugh Paulet was surveyor of lands in various counties in the king's hands through the attainder of Abbot Whiting of Glastonbury; he had a fee of ?20 per annum and diets of I3s. 4d. when occupied in the courts or about the accounts. Sir Hugh Pollard, one of the twenty-two children of Judge , had been employed to take the surrenderof religious houses and had a lease of . His brother Richard was " an especial

This content downloaded from 50.79.190.201 on Thu, 6 Nov 2014 19:37:43 PM All use subject to JSTOR Terms and Conditions 70 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY of the Councilwho appears to have been least closelycon- nected with the West Countrywas Thomas Derby; he seemsto have givenlittle attention to his dutiesas secretary, forhe held various otheroffices, being Clerkof the Privy Council,Clerk of the PrivySeal and Secretaryto the Queen (Anneof Cleves). In the AugmentationOffice Books are severalentries of 20ogranted to him. He was clearlya man of the New Learning; in the Lettersand Papers thereare two documentsin hishandwriting, one a theologicaltreatise, the other " a summarydeclaration of the faith,uses and observationsin England". In the latterhe remarkscom- placentlyon the disappearanceof the old " fabulousand fantasticalbooks of the Table Round, Launcelot du Lake, Huon de Bordeaux,Beves of Hampton,Guy of Warwyk, the Quatre Fils Aymon, Calisto and Melibee, and such other".1 Thereare severalother references to Derbyin the Lettersand Papers,but fewthrow any lighton his workas Secretaryto the Councilof the West. Neitherat Woburn Abbeynor at theBedford Estate Office,Tavistock, does there seemto be any traceof the Register in whichhe was directed to recordthe Council'sdecrees. It is now time to turn fromthe compositionto the proceedings of the Council. On April 12, 1539, a com- missionwas issued to John,Lord Russell,President of the King's Councilin the countiesof Somerset,Dorset, Devon and Cornwall,and the countyof the city of Exeter, and Thomas Derby, to receive recognizancesin the above countiesfor appearances before them and beforethe justices and forgood conductand forpreservation of the peace, and to enrolthe same.2 A fewweeks earlier Cromwell had been favourer of Cromwell" and a visitor of religious houses. As one of the King's general surveyors he superintended the destruction of many monasteries in the North, East and West, he received a grant of , and according to a correspondentof Lord Lisle, he " rules all now in Devonshire ". He had been active in the destruction of the shrines of St. Thomas at Canterbury and St. Swithun at Winchester, and had been the principal witness in 1537 against the Abbot of Glastonbury. 3 L. and P. Hen. VIII, vol. xiv, pt. i, 402. 2 Pat. Roll Hen. VIII, p. 2, m. 2Id. and 22.

This content downloaded from 50.79.190.201 on Thu, 6 Nov 2014 19:37:43 PM All use subject to JSTOR Terms and Conditions THE COUNCIL OF THE WEST 71 asked to " send Lord Russell post towardsthe West where he is appointed ".' Early in April Russell wrote to Cromwell fromSir Thomas Denys' house beside Exeter sayingthat he was going to Dartmouthand so westwards. He was evidentlynot greatlypleased withthe prospectbefore him, forhe added :-" The bishop of Exeter is sore diseased with the gout; I prayyou be a suitorto the King that he may tarryhere this parliament time. It wouldbe a pleasureto me: forwhen Sir Thomas Dennysand othergentlemen of the countryare come up, I shall have no company".2 Russell'srequest was not granted,for, despite his infirmities, the Bishopcontrived to be in Londonin May, 1539,and the Lords' Journalsshow that he was severaltimes present in Parliament. Russell's sojourn,lonely as it was, seems to have given pleasurein Devon, forSerjeant Rowe writesto Cromwell: " Devon and theWest Country is singularlywell contentwith lord Russell'scoming thither, as theyfind him a man of substantialwit, great experience,wisdom and gentlenature. His beinghere will be to thegreat quiet and comfortof ourparts ". He hopesthat Cromwell will cause him to comeagain soon.3 A littlelater Sir WilliamGodolphin writesto Cromwellthat he had broughthis servant,William Swadell,before Lord Russell,and made him writehis con- fession,as he wouldbide by it at his peril.4 At the end of AugustMaud Graynfyld,writing to her aunt, Lady Lisle, says she has been withLord Russell. " We have ofttimes drunkto you and so hath Lord and Lady Russell. I have never been so gentlyentertained in my life as by him."5 In mid-SeptemberRussell writesto Cromwellthat as yet theyhave muchbusiness in hearingof causes,but he hopes that theseshall be abated by a fortnightafter Hallow-tide, whenhe intendsto addresshim towardsthe courtand see the King, the Princeand Cromwell.6An indicationas to the judicial workof the Councilin 1539 is to be foundin Cromwell'sRemembrances, probably for October, " Letters 1 L. and P. Hen. VIII, vol. xiv, pt. i, 590. 2Ibid., 685. 3 Ibid., 686. SIbid., 928. Ibid., pt. ii, io6. 8 Ibid., 371.

This content downloaded from 50.79.190.201 on Thu, 6 Nov 2014 19:37:43 PM All use subject to JSTOR Terms and Conditions 72 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY to be sent with the copy of the indictmentagainst Sir John St. Low's men to lord presidentRussell, withstrait command- ment to proceed to justice ".1 Early in November Russell was at Exeter,2on the I6th he was at Wells, when he wrote to Cromwell that the criminals about whom Cromwell had writtenhad been condemned and four of them executed.3 On the same day Richard Pollard wrote to Cromwell re- specting the death of Abbot Whiting of Glastonbury: " he took his death patiently,asking pardon of God and the King for his offencesand desiring Pollard's servants to ask him and my lord President to mediate with the King for his forgiveness." Pollard adds: " Lord Russell goes to-day from Wells towards London ".' Thus there is ample evidence of the activity of the Council in 1539. Nor is evidence lacking for 1540; in January Sir Giles Strangways and others wrote to Lord Russell addressing him as " President of the Council in the West parts," respectinga robber who had been indicted at the Blandfordquarter-sessions, and had been deliveredto the under-sheriffto bringup to the King's Council, and was now in the Tower; his burglarious implements were sent to Russell in a sealed bag.5 One of the most noteworthy indicationsof the Council's workoccurs in a letterof Russell's, 8 February, 1540, to Thomas Trevethan:-- " The King havingappointed a Councilto hear and determine causes in the West Parts, I withothers, being at Tavistockwhen the King's Council sat there,one John Polwhele sued a writ underthe Privy Seal forthe said West Parts against you, upon whichyou have not onlynot appeared,but have sincemaliciously broughtan action at commonlaw for the same matteragainst the said Polwhele. I counsel you to commenceyour action withinthe King's courtthere, and you will be sure of justice."6 Henceforthreferences to the Council in the Lettersand Papers are very few; Russell's duties firstas Great Admiral of England, later as Keeper of the Privy Seal, his partici-

1 2 L. and P. Hen. VIII, vol. xiv, pt. i, 399. Ibid., 455. 6 8 Ibid., 530. 4lbid., 531. SIbid., vol. xv, 95. Ibid., I8o.

This content downloaded from 50.79.190.201 on Thu, 6 Nov 2014 19:37:43 PM All use subject to JSTOR Terms and Conditions THE COUNCIL OF THE WEST 73 pation in the French war of 1544, and his attendance at the Privy Council Board must have left little time for judicial work. But as late as 1543 there is an entry in the Letters and Papers dealing with fees :- " Lord Russell presidentof the Councilin the West, fees and diets of that Council for three quartersended St. John's Day ao 32, warrant31 March a' 31, &927 Ios. od." 1 It is just possible that in August, 1545, Russell was acting as Lord Presidentwhen he took orderto preventa " headlong search " for priests in Devon and to stop it in Dorset and Somerset.2 In the indexes to the Lettersand Papers, 1539 to 1547, Russell is styled President of the Council of the West, and the title appears on his monument in Chenies Church, though by a curious blunder he is styled " Lord President of the Western Portes, after (i.e. afterwards)Lo: Highe Admirall to King Edward 6th ". " Portes " should be " Parts " and " Edward 6th " should be Henry VIII.3 Of definiteevidence as to the cessation of the Council there is very little. On January 31, 1547, three days after Henry VIII's death, it was decided at a meetingof the Privy Council that Lord Wriothesley should immediately " make out new patents to all the Justices of the realm and of Wales, to the Barons of thexcheker,to the Presidents of the Coun- seilles in the North and in Wales, Justices of the Peaxe ", etc.4 On February 2 the Privy Council ordained (Russell being present) that letters " for a good eye to their neigh- bours and sedicious persons " should be sent to various persons, including the Presidents of the North and Wales, and the Earl of Bath, Sir Thomas Denys, Sir Hugh Pollard, and Sir Hugh Paulet for the good order of the shires near unto them in the West.5 These entries prove conclusively

1L. and P. Hen. VIII, vol. xviii, pt. ii, 231, p. 125; cf. vol. xiv, and pt. ii, 236 (9) vol. xvi, pt. i, 745, ff. 32, 33. 2 Ibid., vol. xx, pt. ii, 159, 186, 19o. 3 Lipscomb: History of Buckinghamshire,vol. iii, p. 256. 4 Acts of the Privy Council, vol. ii, p. 6. 5 lbid., p. II.

This content downloaded from 50.79.190.201 on Thu, 6 Nov 2014 19:37:43 PM All use subject to JSTOR Terms and Conditions 74 TRANSACTIONSOF THE ROYAL HISTORICALSOCIETY that the Council of the West had ceased to be; responsibility for good order in the West is laid not on Russell, but on the Earl of Bath, and three persons who had formerlyserved under Russell as Lord President. The only positive evidence so far forthcomingas to the cessation of the Council is furnishedby Coke in the Fourth Institute :-- " And it appearethin the Subsidy in Anno 32 H. 8 cap. 50 that H. 8 raised not only this Presidentand Councell(sc. in the North)but a Presidentand Councellalso havinglike authority in the Westernparts, pretending it to be fortheir ease to receive justice at theirown doors, but they of Cornwall,Devon, etc., desirousto live under the immediategovernment of the King and the commonlaw opposedit. Et sic Commissioilla evanuit: which Commissionunder the Great Seal we have seen."

Coke's statement is likely enough to be true, judging from the similar opposition offeredto the Council ofthe Marches, but little or no confirmingevidence can as yet be found.2 Even if men were bold enough to put in writingtheir com- plaints against the Council's jurisdiction,it is,unlikely that these have survived. If they had, they would assuredly have been utilized in the great Marches case of James I's reign, when the four Border counties sought exemption fromconciliar jurisdiction,and when chroniclesand records were ransacked for supporting arguments. The writer is indebted to Dr. Holdsworth for a suggestion based partly on the letter of Lord Russell (February 8, 1540) respecting Polwhele's action at common law.3 About 1540 Henry was anxious to conciliatehis subjects, as was shown by the passing of the Statute of Wills. He would not think it worth while to stir up trouble by actively supporting a council which

1Ed. 1648, p. 246. 2 It is possible that friction arose between the Council and the civic authorities of Exeter which had been made into a county in 1537, and may well have resentedits inclusion withinthe Council's jurisdiction. Similarly Bristol, in 1561 or 1562, gained exemption from the jurisdiction of the Council of the Marches (Seyer: Memoirs of Bristol, ii, p. 238, ? 3). 3 See ante.

This content downloaded from 50.79.190.201 on Thu, 6 Nov 2014 19:37:43 PM All use subject to JSTOR Terms and Conditions THE COUNCIL OF THE WEST 75 aroused ill-feeling.He knew well enoughthe strengthof the commonlawyers, for in 1536 he had been obligedfirst to frightenand thento conciliatethem, in orderto get the Statuteof Uses throughthe House of Commons.' Thereis no reasonto thinkthat Russellwould feel aggrieved by the cessationof the Council of the West; throughhis great landed possessionsand the high officeshe held,he had the substanceof powerwhether he fulfilledthe duties of Lord Presidentor not; indeed he could not have failedto find the legal businessof the Councilextremely irksome, and he was doubtlessmuch morein his elementinspecting fortifi- cations than hearingsuitors. An outline of the historyof the Council can thus be sketchedfrom the Instructionsand fromscattered references in the Lettersand Papers of theReign of Henry VIII ; some additionaldetails are furnishedby reportsof legal cases and by local records. In the Star Chambercase, Delton v. Bowreman,1544,2 incidental referenceis made to the Council of the West. John Delton, customarytenant of William Bowreman,parson of Croscombeand canon of Wells, was called before" the righthonourable lorde Russell at Wells thenpresident of the kyngesmost honorable counsaill in the partiesof the Weste." Russellcommitted the examination of the matterto John Clarke(Clerk), Bishop of Bath, and a memberof the Councilof the West. Ultimatelythe case came beforethe Star Chamber. Anothercase in which referenceis made to the Councilof theWest was published by Mr. Leadam in his Select Cases in the Court of Requests. In 1535the Earl ofBath seizedfrom John Burde the elder and John Burde the youngergoods to the alleged value of ?400, althoughtheir ancestor had been manumittedby the Earl's great-grandfather.The plaintiffdid nothingfor four years, probablyowing to the expenseof legal proceedings,but in September, 1539, he petitioned the Council of the West

1 See Dr. Holdsworth's article in the Harvard Law Review,xxvi, p. io8. 2 Som. Rec. Soc. Star ChamberCases in the reigns of Henry VII and Henry VIII, pp. 230 ff.

This content downloaded from 50.79.190.201 on Thu, 6 Nov 2014 19:37:43 PM All use subject to JSTOR Terms and Conditions 76 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETV and secured an order for restitutionof goods seized. The Earl not only disobeyed the order, but effecteda further seizure, whereupon the plaintiffand his son appealed to Sir Thomas Denys, Sir Hugh Pollard, Richard Pollard and Serjeant Rowe, who orderedobedience to the formerdecree. The Earl remained obdurate. Three times over the plaintiff procured a writ of Privy Seal, the last one threateninga fine of ?200 in case of disobedience. Finally in 1544 his goods were restored. But in 1551, after sustaining yet another seizure, he petitioned the King in the Court of Requests. The Earl's defence was that his ancestor, who had enfran- chised the plaintiff'sancestor, had exceeded his legal rights, inasmuch as he was only a tenant in tail and therefore unable to enfranchisefor more than the term of his own life. The result of the case is not known, but the details illustrate the need for extraordinary courts in the Tudor period. Additional illustrativematerial may naturally be looked for in the records of cities and towns within the Council's jurisdiction. According to the Reports of the Historical MSS. Commission there is nothing relevant at Bodmin, Launceston and Wells. The Dorchester Records calen- dared by Mr. Mayo have nothing to the purpose. The writerwas informedby the Steward of the Duke of Bedford's Officeat Tavistock that no material bearing on the Council is to be found there. In the Calendar of the Plymouth Municipal Records thereis one entry(Old Audit Book, under date 1538-9):

Item pd fora Carpyttgevyn in the Townes name to mylady Russell at my lords welcome to this Contrey vijli (Lord Arundellcame to the town as well as the lord president and salutes were fired.)

The place fromwhich most might be hoped was obviously Exeter, and during the Easter vacation of 1921 the writer searched for information in the Diocesan Registry, the Chapter Clerk's Office,the MunimentRoom at the back of

This content downloaded from 50.79.190.201 on Thu, 6 Nov 2014 19:37:43 PM All use subject to JSTOR Terms and Conditions THE COUNCIL OF THE WEST 77 the Guildhall, and the Public Library, which contains not only a valuable collection of local books and pamphlets, but also some most useful transcriptsof the Receiver's Rolls, made by Mr. E. Chick. The Exeter Episcopal Registers, togetherwith a mass of other documents, are at present housed in two fire-proof cellars under the Diocesan Registry in the Close. In Bishop Voysey's Register there are two letters that have some bearing on the Council of the West. One is a letter to the Bishop from the King, 24 June, 34 H. VIII (1542), asking that Sir Thomas Denys " our trustye and right welbelovyd Counsailor " may have Crediton Park. In the Dictionary of National Biography,as in Prince's Worthiesof Devon, Denys is called a privy councillor; but he is never styled privy councilloreither in the Acts of thePrivy Council or in the Lettersand Papers, though he is mentionedas privy councillor to Anne of Cleves in 1540, two years before the date of the above-mentionedletter. It is possible, therefore, that Henry refersto Denys' membershipof the Council of the West. On the next page of the Register is a letter (printed in Oliver's History of the Bishops of Exeter) from Lord Russell, at Hampton Court, to Bishop Voysey, in which the followingpassage occurs:- " My lord amongeothers I am complaynedunto by dyverse of the kingessubiectes of Devonshireand Cornwallof there (sic) greate disquyettnesand troubleby Reason they are compellyd to sue here so farreof (sic) forredresse of theireiniuryes and wrongesw'th the w'ch they fyndethem sellves moche grevyd as undoubtedlyethey have no lesse cause. My lorde as towch- yngethat I wulde rightgladlie knoweyor best advyse and what yow thinketo the redressethereof. And even so shall I not faylleto be a suter to the Kinges highnesfor the purchaseof theirebetter quyettnestherein." This passage perhaps confirmsCoke's statement that the Council came to an end owing to the complaintsof those who upheld common-law jurisdiction. They apparently got theirway, but the poorer folkssuffered through lack of legal

This content downloaded from 50.79.190.201 on Thu, 6 Nov 2014 19:37:43 PM All use subject to JSTOR Terms and Conditions 78 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY redressnear at hand ; theirview of the Council of the West would have agreed with George Owen's view of the Council of the Marches as " the very place of refuge for the poore oppressed of this Country of Wales to flie unto ". In two of the Chapter Act Books (Heynes and Heynson) occur the names of various members of the Council of the West :--Lord Russell, Sir Thomas Denys, Sir Thomas Arundell, Sir Hugh Pollard and Richard Pollard; but their chiefvalue lies in the lightthey throwon the alienations ofthe propertyof the See during Voysey's episcopate, when from one of the richest sees it became one of the poorest. The City Muniments furnish details respecting the President and Council of the West which have not been previously used. Mrs. Rose-Troup kindly told the present writer that she rememberedan allusion to the Council in Hoker's Commonplace Book. This is fully described in Dr. Wylie's Report on the Exeter MSS., p. 340; part of it consists of City Annals with extracts from the Mayor's Court Rolls. Under the mayoral year 1538-9 (f. 344) the following entry occurs:- " Also Sr JohnRussell Lord Russell and Comptrollerof the King's howse came yn to theisewest partes as Lorde president of the same. he had the whole Abbey of Tavestokegeven unto hym withthe demeanesof the same wherehe laye forthe most parte and in this Citie hyringeand determyningeof causses broughtbefore hym. he travelledall the coastes and sea sydes comaundingbullworkes and blockhowsesto be made yn sundry partieswhere he thowghtgood and most meete for defenseof the realme."

The Receiver's Rolls furnishsome additional details 1 : 30-31 H. 8. f. 198. It'm forvj ouncesof (sic) di. (i.e. and a half)of synamud' for my lord Russell ijs xd It'm for ij ounces of clowes (i.e. cloves) Xd It'm one ounce of gynger iiijd 1 Vol. xviii of Mr. Chick's transcripts preserved in the Exeter City Library.

This content downloaded from 50.79.190.201 on Thu, 6 Nov 2014 19:37:43 PM All use subject to JSTOR Terms and Conditions THE COUNCIL OF THE WEST 79 f. 199. It'm payd for the bancket that MmeMayres and her systersmade to my lady Russell xxxijs vjd f. 2oo. It'm payde to Berymanfor ij oxen geven to my lord Russell. iiijli xjs 31-32 H. 8. f. 227. In p'mis pd to Mr. Rowpe forou'seyng of Bonyfaunt's wretyngsbefore my lord p'sydent iiijs iiijd

This last entry may refer to the execution of John Bonefaunt, an attorney, for treason, in Southernhay, out- side the City wall, in August, 1539 ; full details are given in Hoker's Commonplace Book, and if correct,they show how under the treason laws of Henry VIII an innocent man could be done to death to satisfya neighbour'scupidity. The Receiver's Rolls contain allusions to Lord Russell's house in Exeterand to his requestthat a tilt-yardshould be made in Southernhay. Several membersof the Council of the West are mentioned,especially, of course,the Recorderof Exeter, Sir Thomas Denys, also Serjeant Rowe, Sir Hugh Pollard, Richard Pollard, and Lewis Fortescue. To sum up:-The Council of the West was probably institutedwith a two-foldpurpose, to check rebellionand to providemuch needed legal facilitiesin theWestern parts, especiallyfor poorer persons. Lord Russell and various local gentrycommitted to the new order of thingsgained someaccession of dignity by theinstitution of the Council, and somepoor suitors at all eventsseem to have been benefited. But the Council'sactivity lasted a shorttime only; at the outside,five years. Lord Russell was absorbedin many other duties, and no Vice-Presidentseems to have been appointed; accordingto the Instructionsa Vice-President could be appointedin case of the President'sillness, but nothingis said about his absence. Possiblythe Council's activitywas checkedby Cromwell'sdeath in 1540. It may be that the unpopularityof extraordinaryjurisdictions with the commonlawyers forced Henry to allow the Councilto fall into abeyance; he would not wish to arouse their hostility,and themaintenance of a Councilthat was allowed

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?1,ooo a year for diets would be a difficultmatter in the war years of 1544-5. The West certainlyremained quiet during the later years of Henry VIII's reign, though discontent blazed out in the reignof his son. The historyof the Council, imperfectas it is, furnishesyet another illustration of two points in Henry VIII's character, his adroitness in leading his people, as Prof. Pollard puts it, in the way they wanted to go, and his readiness to yield when resistance would have entailed loss of popularity. It may be added that though the title " President of the Council of the West " is not found afterHenry VIII's reign,yet that officemay well have contributedsomething to the officeof King's Lieutenant in the West, held by Russell in 1549, though his duties were then military,not judicial. The groupingof several counties was continued in the reignof Philip and Mary, when Francis the second Earl of Bedford was Lord Lieutenant of Dorset, Devon, Cornwall, and the city of Exeter. Finally, the question may be asked, why did the Council of the West come to so speedy an end, while the other two local Councils endured for generations? Perhaps the answer is this; the other two were in a sense natural growths,having theirroots deep in the past, and theirback- ground is the whole history of the Scottish and the Welsh Borders. But the Council of the West was an artificial, imitative thing, and thereforequickly succumbed before local opposition.1

1 The grateful acknowledgments of the writer are due for much help and kindness received fromthe followingboth before and during her visit to Exeter :-Lady Radford, Mrs. Rose-Troup, Rev. J. F. Chanter, Mr. E. Chick, Miss Easterling, Prof. Harte, and Mr. Lloyd Parry, Town Clerk of Exeter.

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