io s. XIL AUG. u, im] NOTES AND QUERIES.
quhilkis ar onlie proper to him ; and thay uplift the same thamsellfs in a far gritter measour and proportionn nor evir the said Sir James or his predicessouris liftit the same. Especialie, quhairas the said Sir James tooke onlie aucht pennyis of a load of victuall, thay tak ane ladle full of victuall, quilk wilbe quadruple the availl of aucht pennyis ; and quhairas the said Sir James tuke onlie twa pennyis of a stane of butter, cheis, and woll, thay tak aucht pennyis of everie stane, with a piece of butter and cheis ane lock woll, whilk wilbe worth twelff pennyis."
Thus ran a portion of the indictment. In this case the King's Advocate intervened, and the defenders stated
" that same taxation was set doun and aggreit unto with ane uniforme consent of the bailleis, counsaill and haill communitie of the town of Hawik for the publict and common effairis and causis of the towne, as namelie for paying of the debtis contractit be thame the tyme of the visitationn of the said toun with the plaige, the repairing of the kirk bell, paying of thair minis- teris stipend, biggeing of thair tolbuith, and defraying of the chairgeis quhilkis thay debursit in resisting of the said Laird of Drumlanrig his troublesome persuitis."
But it was of no fcvail. The Lords of
" having lykewise at grite lenth hard both the
saidis partyis uponn the remanent pintis, heads,
and articlis of this camplaint, and being weill and
throughlie advisit with all that wes proponit,
reasoned, and allegeit be thame, ' '
remit the question of law to the Lords of Session, and find that the defenders had done wrong r
" in lifting and taking of custome fra his Majesteis subjectis for the commoditeis and goodis quhilkis ar boght and sauld in thair mercat."
The spirit of " wha daur meddle wi' me " received a shaking on its pedestal the King's writ must run.
J. LINDSAY HILSON,
FIENNES OF BROUGHTON.
MR. A. R. BAYLEY, in his useful notes on ' Oxford Parliamentary Leaders in the Civil War,' ante, p. 82, fell, he must forgive me for saying, into a bad error when, upon mentioning William Fiennes, first Viscount Saye and Sele (' D.N.B.' xviii. 433), he described the connexion between the family of Fiennes and William of Wykeham, the Bishop of Winchester, as " mythical." Nothing concerning Wykeham' s kin is better established than this connexion.
The Bishop's sister Agnes, generally known as Agnes Champeneys, had a daughter Alice, and this daughter, by 1 her marriage with William Perot, had three sons, William, Thomas, and John, all of whom took the name of Wykeham. See the settlement
which the Bishop made of the manors of Burnham and Brene, Somerset, in 1396,. when William, one of these three sons of Alice Perot, was about to marry Alice Uvedale. It is printed in Lowth's ' Life ' of the Bishop, App. No. II. This William* who has generally been put down as the- eldest of the three, seems to have died with- out issue in the Bishop's lifetime ; at any rate, he is not mentioned in the Bishop's will (also printed by Lowth, App. No. XVII.), and his brother Thomas is named in the will as the Bishop's heir (" consanguineum meum et heredem "). Not that he was, to speak strictly, the heir, because his mother, Alice Perot, survived the Bishop, and was still alive, as was also her husband, in 1410. See the document printed by Lowth, App. No. III.
This Thomas Wykeham represented Ox- fordshire in the House of Commons in 1402,. 1416, 1422, and 1425 ; and was Sheriff of Oxfordshire and Berkshire in 1413, 1417, 1426, and 1430, and of Hampshire in 1416. He received knighthood at an uncertain date, later, according to Shaw's ' Knights,' than Nov., 1416. In the licence tocrenellate his mansion at Broughton, which he obtained in 1406, he is styled the King's esquire ('Cal. Pat. Rolls, 1405-8,' p. 161). His. landed estates included the manors of Broughton, Oxfordshire ; Ashe, Hants ; and Burnham, Somerset ('Feudal Aids,' ii. 348; iv. 186, 420). These were all properties that the Bishop had acquired by purchase (see Moberly's ' Life,' 2nd ed., pp. 33, 165) ; and Sir Thomas Wykeham derived title to them from the Bishop. The settlement which the Bishop made of Broughton in 1391 is printed in Collectanea Top. et Gen., ii. 368. The descent of Otterbourne, Hants, another manor that came to Sir Thomas from the Bishop, is traced in * Victoria History of Hants,' iii. 441.
Sir Thomas died on 18 Oct., 1443, leaving as his heir his son William, then aged forty years and more (Inq. p.m. 22 Hen. VI. No. 16) ; and this son, who represented Bedfordshire in the Parliament of 1442, and was Sheriff of Oxfordshire in 1449, died in his turn on 18 Sept., 1456, leaving as his heir his daughter Margaret, then aged twenty -eight and more, the wife of Sir William Fenys or Fiennes, Kt., Lord of Saye (Inq. p.m. 35 Hen. VI. No. 19). This Sir William Fiennes was the second of the Barons of Saye and Sele by writ (see G. E. C.'s ' Peerage,' vii. 64 et seq.), and Broughton Castle came to the family of Fiennes by reason of his marriage