After having been in post for some 5 years, Thomas Waterman brought a case in Chancery against Thomas Buttes circa 1581/2 and there are multiple copies surviving in B.L. Add Mss 39227 of the complaints and answers of the case which was deferred by Sir Cristofer Wraye and Edmond Anderson to a decision made at a local level. Wraye and Anderson were Lord Chief Justice and Chief Justice of the Common Pleas respectively and responsible for the pivotal legal cases of the Elizabethan era. These sorts of petty domestic squabbles, though far beneath them, clearly consumed quite considerably the passions of the two protagonists. Alongside the 3 copies of the two men’s depositions, there exists a list of “Interrogatoryes for Witnisses to be examined uppon the p[ar]te and behalfe of Thomas Buttes Esquier” …….. put before a number of local men in order to verify his case.
Unfortunately there seems to be no written record of any judgement as made by Wm. Heydon and Wm. Rugge who were appointed to hear the case.
B.L. Add Mss 39227 fo. 83 see also ff. 80 and 90 for other copies of the same
In most humble wise sheweth and compleyneth unto your honors, your poore and dailey Orator Thomas
Waterman clarcke parson of greate Ryburgh within the said Countie, that whereas he is and hath been these fyve
yeares last past, lawfullie possessed of the parsonage of Ryburgh aforesaid, he hath not onelie susteyned intollerable
losse in everie of the said yeres by the wrongful dealing of Thomas Buttes Esquire Patron there, But also this last
yere is utterlie spoiled and undoon, unles by your honors good means he maye finde redres, ffor whereas there
hath been two or three and fiftie acres of glebe land belonging to the said Parsonage, before his dealing with it,
he hath a longe time counted xvij or xviij to his owne use, whereas nyne acres by estimacon he seased in his
owne counte, as it is reported abought xxx ie yeres ago, and therof made sale to one Thomas Tonneshend
gent. The residewe he occupieth without making any allowance, or agrement with your said Orator for the
use of them, neither will directlie confesse that he hath anye suche landes, And to the end that due p[ro]ffe shold
not easelie bee made, whereas there was a parchement booke written Primo Edwardi quarti cogni. Wher in
expressed aswell the glebe landes as also rente, tithes, and other thinges to the said parsonage onelie belonging. The
said Thomas Buttes deliv[r]ing the said booke unto one John Heathe clarcke, who then served the cure in the
voydannce of the benefice had pynnd certen leaves together, charging the said John Heathe not to look, and to
bringe the booke agayne spedilie unto him. But when the said Thomas Buttes delivered the booke unto the
next incumbent, the terror of the glebe land was cutt owte. The residence of the booke being presentlie in his
custodie, he will not parte from yt:/ by reason whereof your said Orator doth susteyne manye and greate
losses. Also the said Thom^s Buttes hath enclosed one other acre of the said glebe land, with certen grounde of
his owne called Woodrroffe,& will neither suffer your said orator to have a way to occupie the same, neither
will allowe him anye other ground for it nor anye reasonabill fearme:/ Also the said Thomas Buttes hath
taken in a portion of the highwey leading from Gateley to ffakenham, and having a longe time hanged gatees crosse
lokkd, & turned the Quenes leige people a further waye aboute, hathe the nynthe daye of this last
moneth of marche diched up and lowred one end of the lane, and forbidden your said Orator to come there, clayminge
yt to be his owne demeanes, by reason of whereof your said Orator is debarred and utterlie excluded from one
close of his glebe land conteyning two acres, And further whereas your said Orator hath ten acres and a half
of glebe land lieing in the field of Riburgh aforesaid, besides the landes w[hi]ch the said Thomas Buttes witholdeth ffor
which the parsons of greate Ribugh and their fermes &c have alwayes shakked: The Tennth of the said Thoms
Buttes in his Courte Baron, or leete which once mingeled together holden after St Michaell Ao: 1578: have for
shakking am[er]cied vj d and payned xs your said Orators ferme to the parsonage, who being a copieholder
to the said Thomas Buttes and hath paied am[er]ciament, and absteyned from shakking thes four yeres. & not
quietly borne hitherto Whereas your said Orator hath fower other closes of glebe land lieing in Riburgh
aforesaid conteyning xix acres which warre inclosed aboute lxx agoo, The tennantes of the sayd Thomas in
the said next Courte holden after St Michael last, have am[er]cyed your said Orator iij s And paynd
him xxd to cast them open and to shack by a daye, which daye being overslypped by your said Orator
Two of the servanntes of the said Thomas Buttes: viz: Nicholas Shadwell and John Large threwe them
open twyce in one daye at the comandement of their Master, And sithens that time they have been
often cast uppe breaking of gappes,^ felling the quick wood cutting asunder of barres^
and fedd with the sheepe of the said Thomas Buttes: Soo that of lii acres of
glebe land or liij there remaynes but onlie the fences and homestalles of the parsonage conteyning iij Acres
wherein your said Orator may set foote the hoole yere. Also whereas there was a pencon of xxv s viij d
due unto the QueenesMa[ies]tie owte of the parsonage aforesaid, The said Thomas Buttes having purchased
yt of one Nichoas Mynnes gent aboute viij yeres agoo , hath in the Instrument from hym made, raysed the
pencyon to xl s./ And soo hath demannded and receyved of your said Orator not being able to contend
and to the end that after a fewe yeres there bee noo p[ro]ffe made to the contrarye he hath gotten into his
handes all the acquitannces of the old pencon, as also all the acquitannces of tenthes and subsidyes payable
herafter owte of the said p[ar]sonage, Soo that by the one your sayd Orator susteyneth a yerelie losse by the
other he maye bee utterlye undone, yf dewtyes discharged as Acrerage./ Therefore he most humblye
besecheth Your honors, to defend his lawfull cause against the violence, and wrongfull dealing
of him, by whose meanes he hath been from time to tyme molested, and ys nowe like to be utterlye
spoiled. And to provide that he bee not driven owte of his Cuntrye, but maye serve god quietlie
and her Ma[ies]tie in peace according to the meaning of her good and vertuous lawes which if he
maye obteyne, as he hopeth, and all men which knowe the matt[er] looke for: As he is alreadye So he
shalbe further bound to praye for Your honors true p[ro]speritye, and longe contynuance in this place to
gods glory and the benefit of this coman welthe
The cause herin menconed is by us comended to the hearing ending, and determining
Wm. Heydon and Wm Rugge* Esquires two of her ma[ies]ties Justices of peace within the
Countie of Norf, who are to call before them the parties herin menconed and to end
and determyne the same Or ells to certifie us, at the next gen[er]all Assises in the same
Countie to be holden in whome the default is./
Cr[ist]ofer Wraye
Edmond Anderson
Add 39227 fo 81-82 See also ff 84/5 and 88/89 for other copies of the same.
Thomas Buttes of greate Ryburgh within the Countie of Norfk Esquire, for a Answere to the false and
surmised bill of Compl[ain]t of Thomas Waterman Clarcke parson of greate Ryburgh aforesaid exhibited
to Sir Xtofer Wray knight Lord Cheif Justice of England, and Edmond Anderson S[ir]jant at the lawe
Justice of Assise within the said Countie, And to everie Article, and clause thereof in manne[r] and forme
following: Sayeth./
(1)
Imprimis for a Answere to the first Article in the said Bill mencioned, The said Thomas Buttes saieth: that the ix Acres of
land especified in the said Bill, by the same Thomas Waterman to bee glebe landes belonging to his Provynce: Anne tenement
landes, p[ar]cell of the Tenement Loveles, lieng in Testerton, and belonging to the mannor of greate Riburgh, as shalbe
approved By the Courte rolles of the same Mannor, and laufullye seased into the handes of the said Thom[a]s Buttes,
fore diverse just and lawfull causes, as by the Courte rolles of the said Mannor doo appeare;/ And further he
saieth that to his knowledgehe hath not in his possession, or use, anye part or p[ar]ell of the other glebe landes
mencyonde in the said Bill (except oneAcre lieng in Woodcrofte hereafter remembred)./
(2)
Also to the second Article, as towching the Booke mencioned in the said Bill: ffor a Answswere he saieth: that he hath seen a
booke conteyning iiij or fyve leaves written in parchement , the date whereof he doth not remember, wherein certen
finale rentes belonging to the parsonage in greate Riburgh warre by old Willm Andrewe sometime of greate Riburgh
aforesaid, altered, and put oute: Which Booke was delive[r]ed to the handes of the same Willm Andrewe, by one Bulman
sometime of Egmere nere Walsingh[a]m a religious man , and Curate at greate Riburgh: And further he saieth that he
bev[e]r cut any Terror of the glebe landes of the Rectorie of greate Ryburgh aforesaid out of the same booke, nor nev[e]r
did see anye such terror in the same, And where the same is, he neither knoweth nor yet remembreth that ever he
delive[r]ed anye suche booke to John Heathe mencyoned in the said Bill in suche order , and form, as in the same bill is most slannderouslie alledged./
(3)
Also whereas the said Thomas Waterman most falslie and untrulye in his said surmised Bill saieth that the same
Thomas Buttes hath , and doeth ocupie one Acre of his glebe land lieng in a pasture called Woodcrofte withoute
payeng anie reasonable fearme for the same . The sayd Thomas Buttes for a Answer thereunto sayeth thet in truthe
he ocupieth , and hath for the space of these ffourtie yeres nowe past, used and ocupied the same Acre of land, And
hath yerelie paied aswell to the same Thomas Waterman, as to his p[re]decessors for the yerelie ferm thereof xij s
As by the acquitannces and sufficient discharge of the same Thomas Waterman, and his sayd p[re]decessors, remayning
in the custodye of the same Thomas Buttes doo at large appeare./
(4)
And whereas also the said Thomas Waterman in his said bill affirmeth and sayeth, that the same Thomas Buttes
hath Bared in, lokked,& stopped up, p[ar]cell of the high waye, leading from Gateley, to ffakenham:/ ffor a ananswere
thereunto he saieth: that the supposed place where the said highe waye shold lye, ys p[ar]cell of the demeanes of his
said mannor of greate Riburgh, and now used or frequented as a highe waye, as shalbe approved as well by
anncient feld bookes, and rentalles, as also by deedes, and other evidences./
(5)
And whereas also the said Thomas Waterman in his said frivolous bill claymeth Comon of Shack in the feldes of greate
Riburgh, By reason of certen of his glebe landes lieing in the same felde: ffor a Answere thereunto he saieth: that neither
he nor his p[re]decessors , p[ar]sons of greate Riburgh have had, or oughte to have of righte, the benifyt to Comon in the
Com[m]ons and feldes of greate Riburgh, but from time, to time have been ponished for soo doing, as shalbe approved
by anncient recordes./
(6)
And Whereas also the said Thomas Waterman in his said surmised Bill complaineth and saieth that he hath
iij Closes of glebe landes in greate Riburgh w[hi]ch have been enclosed the space of lxx yeres nowe past p[ai]d ffor a Answere
therto the same Thomas Buttes saieth : that most trewe it is, that the same Closes were not inclosed above two yeres
nexte before the dissolucon of the Abbyes, And that from time to time, since the inclosing of them, The sayd
Thomas Buttes, and they whose estate he nowe hath in the mannor of greate Riburgh aforesaid have yerelye paid
heretofore Comon of Shack in the same closes, as shalbe p[ro]ved by witnesses, and sufficient recordes./
(7)
And Whereas also the same Thomas Waterman in his said Bill saieth that the same Thomas Buttes hath and dothe
deteyne certen acquitances of Tenthes, subsidies, and pencons, paid owte of the Provy[nc]e of greate Riburgh
ffor a Answere therunto he saieth that he hath in his custodie certen acquitannces w[hi]ch warre deliv[er]ed him
by the wife of one Wm Startwite sometime p[ar]son of greate Ryburgh, whose executor he was & some others
sithens that time. W[hi]ch he supposeth he maye laufully kepe, notwithstanding at all times hereafter they
shalbe readie to bee p[ro]duced to the discharge of the Incumbent, when and as often as occasion shall prove.
Add 39227 fo 81v blank
Add 39227 fo 82
(8)
And as towching the pencon of xl s by yere going owte of the Provi[nc]e and benifice of greate Riburgh, supposed and
most wrongfullie surmised, by the same Thomas Waterman in his said frivolous bill to be raised from xxvi s viij d
to the said some of xl s in the Instrument made from Mr Nich[ol]as Mynnes to the said Thom[a]s Buttes and his heires./
ffor a Answere thereunto, the said Thomas Buttes saieth: That Kyng Henrye the eighte by his le[tte]rs patente
bearing date the xvth daie of November Anno Regni sin xxxiij . granted to Thomas Paston of his pryvye
chamber certen Mannors and penc[i]ons, and one poucon of xiijs iiijd going owte of little Riburgh and xl s going
oute of the benifice of greate Riburgh in ffee./ And afterward, the sayd Thomas Paston by indenture bearing
date the xxtie daie of Aprill in the said xxxiij yere of Kinge Henrye the eighte, exchanged with the Kinge for the
Mannor of Bloyfeld, the said Mannors, and penc[y]ons, which pencyons sithens the said time have not been put in
charge, nor anye thinge of them paid to the Kinge. And the said penc[y]ons and advowsion of little Ryburgh
have ever sithens the time of the eschange been concealed. And warre soo certified into the Eschequer by
Certificat taken at Carleton the xxth daye of Aprill in the xvth yere of the Raigne of our Sov[er]eigne Ladye Queene
Elizabeth xc Before Willm Lymerston Esquire and other comyssioners by vertue of a Comission awarded oute of
the Eschequer, oute of Mr {Peter} Osbornes office./ After that the ssayd penc[y]ons, with the Acerages therof, and the
advowsion of little Riburgh warre grannted to xp tofer ffenton and barnard Gylpin gent, and their heires
by our Sov[er]eigne Ladye Queene Elizabeth by her le[tte]res patente bearing date xix die ffebruari Anno Regni sin
xvi th And afterward that is to sey the xth daie of Julye Anno Re[gni] Elizabeth xvjth ……. the said xptofer
ffenton and Barnard Gylpyn did sell and setover their righte and interest in the said two penc[y]ons, with
the advowsion of little Riburgh and the sayd Accerages unto Thomas Buttes and Nich[ol]as Mynnes and
their heires. And afterward, that is to say the xxth daie of September Anno xvj R.. Elizabeth………
The ssayd Nich[ol]as Mynnes did release and setover all his right and interest in the ……… unto the syd Thomas
Buttes and his heires, W[hi]ch sayd Thomas Buttes hathe yerely for the terme of fyve yeres ended at
Mihelm as Ao 1581 receyved of the same Thomas Waterman the sayd penc[y]on of xls going out of the
benifice of greate Riburgh aforesaid./
The following is a transcription of the last three pages of Buttes' acccumulated paperwork
connected to the Chancery suit found in British Library Mss Add 39227. These pages
summarise the grievances of Thomas Buttes, Lord of the Manor of Great Ryburgh and
this was perhaps his only satisfaction in a case which seems most likely to have been
dismissed after, of course, due consideration:
Add. MS 39227 fo. 97
A true reporte & declaration, of the Qualeties, Conditions, and unministerlike
behaviour, of Thomas Waterman Clark parson of Greate Ryburgh in Norfolk.
First your lordeshipp shall understande that I Thomas Buttes, at the requeast of
Mr William Heydon, and uppon his earnest promisse, aswell by speeche, as by his
hande wrightyng, of the goode conditions , & goode behaviour of the said
Waterman, did francklie, & freelie (geving too much trust unto former promisse)
give the benefice of Greate Ryburgh aboute fyve yeres past unto the said
Thomas Waterman, who within iiii dayes next after his taking of possesion
thereof, even the first Sunday that he served as parson there, openlie in the
Churche quarreled wt one Richard Peers warrener of Great Ryburgh for tythes,
whoo at that tyme offerd unto hym suche tythes as hadd been oldelie, and
usuallie payed unto his predecessors, which hee the said T. Waterman then
untterlie refused, sayeng then that hee woold either weene the horse, or leese
the saddell, & so afterwrdes in deede hee did and the saide Richard Peers in ye
spitituall courte at Ryburgh, & after that ( bothe moony & tyme being evil spent)
he was content with the olde & usuall payement.
Since the coming of the said T. Waterman there hath been more suyte in the
Towne of G. Ryburgh, & that by his meanes, then ever was for the space of ye
yeres of my owne knowledge, for he hymselfe have sued divers of the Townesmen
there, as Richard Peers. Robt Harvy, Raphe Heywarde & others.
There have been no catechising at G. Ryburgh for the space of theise iiii yeres
last past & more, nor teaching the Articles of the Fayth, the Comanndementes, &
the lordes prayer,as is prescribed in the Catechisme.
No repayering the channcell, or parsonage, but letting to fearme his benefise
there and that unto verie unmeete persons.
No hospytalitie kept , nor releving the poore there by hym, but yerelie selling of
dykerowes.
No prayer for her majestie the xvii daye of November last past although the
inhabtants were redy at the Church doores for that godly purpose: for hee was
then gadded to the spirituall courte to followe his suyte against Robt Harvy of G.
Ryburgh for tythes onjustlie requyered.
No peace maker is hee, but contrarie to the protestation & promisse which hee
made at his entring into the ministerie, hee giveth greate cause of offence, & is
no helper or meane to reconcyle them which be at variannce, but alwayes a
partetaker with the worst syde.
Hee is a verie covetous parson, & such a one, as in harvest-tyme when he
gatherith tythe ofred upon his gleebe landes or else where hee is not content to
take such as come next to hande for his thredd or x shoffe , but he taketh the
shoffe by the bondes and yt shoffe that is heaviest & wayeth best downe the
topp yt will hee have & none other or else to the lawe.
Haud ulla est fides homini avaro
“No faith at all is (to be placed) in a greedy (avaricious) man.”
Add. MS 39227 fo. 97 v
Also whereas the Anncient Tenanntes with others, did at the Generall Courte
with the Leete holden at Greate Ryburgh the Mondaye next after the ffeast of
S Michael the archanngell last past, & uppon theire othes present by verdict,
that the said Thomas Waterman Clarck parson of Greate Ryburgh had contrarie
to the customs so stopped & shett upp certayne closes of the Gleebe land, lieng
within the libertie, feeldes, & shack of G. Ryburgh, agaynst the olde ancient
custome so amerced hym the said T. Waterman iij s & then payned hym upon the
payne of xx s to laye open the same closes ageyn before the feast of S. Luke the
evangelist then next following. Upon the knowlege whereof the said T.Waterman
openly in the pulpit in the Church of G. Ryburgh on the Sunday next after Simon
& Judes day last past, taking the theame out of Esaiagh, amongst his other good
& clarcklike lessons had & then used their woordes folowing . Be good to the
widdowe, doe your selfes no harme go alas sillie ones, ye do ye knows not what, ye
make such lie lawed, that your children shall have cause to curse you, it were
meete for you to have a lawyer & a good devine, with many other such fond
speeches not meete for that place, which shalbe witnessed by dyvers: Is this
speeche mete for a preacher in the pulpett openly as much as in hym have to
perswade the tenannte to perjurie, & not to present the truth!
Tell not a lie against thy brother neither do the same against thy friend.
Ecclesiasticus the vii.Chap: & the vii. verse
Hee that speaketh lies shall not escape: Proverbs the xix Chap: the v. verse.
What rewarde shalbe geeven or done unto thee! O thou false tongue! even
myghtie & sharpe arowes, with hott burnyng coles. Psalm Cxx. Notwithstanding all
theire good & godlie sayenges thisT Waterman, whoo by his lyfe & doctrine should
be an example to others of good woorcke with gravitis & integritie go as sayeth S.
Paul unto Titus in the second Chap: in the. vii. verse spareth not in all places most
untrulie to bee lie & speake evill of mee. T Buttes, forgetting his vocation & dutie
in everie respect, but he hath most shamefullie & slannderouslie of late exhibited
a bill unto the Right Honourable the L Justices of Assise at Thetfoord being
altogether false & garnyshed with lies & untruth, as by the Grace of God shall be
well, not by woordes, but by fayer anncient & good evidences, and those of greate
choyce approved:
How well this T. Waterman concydereth of the sayenge of S Paule the .1. to the
Corinthians the vi Chap: the v verse: I speake to your shame etc.? & also the
vi.vii.& viii verses I leave to you to good consideration: Although hee speketh not
greatelie of S.Paule hes former sayenge, yet if hee woulde well waye & concidre
of Mathew in the v chap. Resist not evill etc.? xxxix xi & xij verses, he should
fynde therein such doctrine as is more meeter for him to folowe, then that
unministerlike vayne, wherein he is given to walk.
I have of late red in a booke named John Marbecke noted & Comon places fol 726
that ministers ought first of all to teache with woorkes, & then with
woordes,least the sayeng
Add. MS 39227 fo. 98
of S. Paule be objected Rom.z.the zl.verse: Thou that teachest an other, teachest
not thy selfe, Oh that he would well remember this sayeng, & folowe the same,
for Menander in the same booke : fol: 727: sayeth, that the manners of the
speaker are they that perswade, and not that which is spoken,
Although this T. Waterman altogether overwhelmed & drowned in covetonsnesse
bent to trooble, & forgetting the godlie sayengs aswell of S.Paule as of Mathewe
next afore remembered: yet for his better creditt & estimation, I would wishe
hym to remember the sayeng of Cato mentioned in the sayde Marbecke booke
fol:726 & fol 727which is as foloweth in Englishe verse.
Cato: Qu[a]e in aliis damnes ipse ne feceris: “What things you wish not done to
you do not to others”
The thinges which in other thou art woont to blame,
Be well ware that thou offend not in the same.
for it is very shame, when a man will preach,
yf that his deede against his woorde doe teach
I fynde in the same Marbecke booke also fol:858: What weapons the preachers
must usethey must fight with the woorde, & not with the swoorde, their weapons
are prayers & tearesbut this Waterman myslykyng of their weapons, carrieth
most comonlie a staffe with a long pyke of iron therein to the mayntenance &
defending of his closes, as one loth to havethem broken open ( although directlie
both agayn truth & olde custome) & as by verdict fownd yea, & he of late with
weapon in hand hath sayed, yet hee will either give or take an wownde, if any man
come to lay open the same. And also to cownetenannce his leawde & unlawefull
doinge hath at Mr Heydons hande craved to have bothe mee & my servanntes
bownde to the peace.
I am very sorie, yet urged, concidering this T. Watermans oncomlie & unthankfull
dealing with mee, to declare what & how beneficiall I have beene unto hym: unto
whome besides the free gift of my benefice, I also gave one whole yeres boorde
wanting vii weekes, & longer would have done, but yet I fownde hym so
contentious , given to trooble , & lawing.
I gave hym also towardes bying of bookes yerelie xxd oute of my purse untill
suche tyme as I sawe hym reather given to trooble then to studdie.
I gave hym also one newe dublett redy made unto hes back, for he came verie
simplie unto me. vidett, in a pooer canvis dublett cutt so
I gave hym also uppon rekonynge pasyng bytweene hym & mee to liberallie,
sometyme vidett xiiid.iiijd. at one tyme
I have also glased at myne owne proper cost and chardge all the windowes in the
Chauncell, which ar in noomber. v. & those verie large & greate, which did cost
mee with the scripture written within the said Chauncelles wales more then xx li.
and thus to conclude I justlie as I have fownde hym may saye:
Perit quod feci ingrato: “What I have done for an ingrate perishes”
(The word ‘perit’, ‘perishes’, could stand for ‘periit’, ‘has perished, or come to naught’.)
Thomas Buttes seems to have given up on Ryburgh after this and moved to Catton where he died in 1592/3
It is shown in the church registers that Thomas Waterman remained in post until his death in 1624,
some 32 years after Thomas Buttes demise.
I am very grateful to David Pinto and Neil Cheshire for their help in the translation of the Latin commentary
copyright 2019