THE DISMISSAL OF SIR EDWARD SEYMOUR
FROM THE RECORDERSHIP OF TOTNES
BY JAMES II. 1687.

BY EDWARD WINDEATT.

(Read at Ashburton, July, 1876.)

WHILST exploring among the old books and papers of the Corporation of Totnes, with a view to glean some particulars of the history of my native town, I have found many entries which, whilst they are of a local character, at the same time throw light on the history of the times to which they relate; and this is specially true of the entries relating to the removal of Sir Edward Seymour, Bart., from the recordership of Totnes by James II. in 1687, which I found in the old dilapidated court-book stored in the council chamber of the ancient guildhall of Totnes; and I have thought them of sufficient general interest to be gathered together in this paper.

Macaulay, in his History of England, referring to the meeting of parliament in May, 1685, gives a sketch of Edward Seymour, of Berry Pomeroy Castle, member for the city of Exeter, and shows that in him James had an adversary of no common prowess, and one who would be sure to be remembered by the king when an opportunity offered.

Seymour was recorder of Totnes; and the extracts which follow show how James removed him from that office, and endeavoured to persuade the freemen of this ancient borough to elect Sir John Southcote, a Catholic, in the room of Seymour, without administering to him the usual oaths, except the usual oath of recorder, and shows that the burghers of Totnes were men of courage and determination, and not to be dictated to even by a king, nor afraid of the consequences of their firmness.

Totnes during the civil war seems to have been more favourable to the parliament than the king, as appears by the entries in the accounts during the time it was succes

sively occupied by the troops of the king under Lord Goring, and those of the parliament under Fairfax. Hence perhaps the resolute spirit manifested by those who could remember that in 1645 their mayor had to pay £115 12s., evidently to prevent the troops of the king from being quartered in the town, and perhaps pillaging it; an agreement being made with Lord Goring, says the mayor's account, "for the preservation and more saffetye of oure towne, which we were constrayned to consent unto," and on which the above sum was paid.

The first entry relating to the removal of Seymour is as follows:

Att the Court at Whitehall,

the 27th November, 1687.

Present,

The King's most Excellent Majesty in Council.

Whereas by the Charter granted to the Towne of Totnes, in Devonshire, a power is reserved to his Majesty by his Order in Council to remove from their imployments any officers in the said Towne,

His Majesty in Council is pleased to order, and it is hereby ordered, that Sir Edward Seymour, Recorder, be and he is hereby removed and displaced from his said office of Recorder in the said towne of Totnes.*

WM. BRIDGMAN.

Which warrant was on Monday, the Fifth day of December, 1687, delivered to the Right Worshipfull Robert Symons, Mayor, and that day read in the Publique Common Hall in presence of several of the Freemen of the said Towne, in presence of Sir John Southcote, who also in the said Hall delivered to the said Mayor the letter following:

To our trusty and welbeloved, the Mayor, Burgesses, and Corporation of our Burrough of Totnes, in our County of Devon.

James R.

Trusty and welbeloved, we greet you well.

Whereas we have by our Order in Council thought fit to remove Sir Edward Seymour, Baronett, from being Recorder of that our Towne, and being well satisfied of the fitnesse of our trusty and welbeloved Sir John Southcote, Knt. to supply that place, Wee have thought fit hereby to will and

require you forthwith to elect and admitt the said Sir John Southcote Recorder of our said Towne, without administering any oath or oaths to him, but the usuall oath of Recorder, with which we are pleased to dispense in this behalfe; and for soe doinge this shall be your warrant.

And soe we bid you farewell.

Given att our Court att Whitehall, the 28th day of November, 1687, in the third yeare of our reigne, by his Majestie's Command. SUNDERLAND. P.

On receipt of which letter, the Mayor considering the directions thereof, and it being in a time when most of the Freemen were att the faire att Exon, and there were absent (Thirteen then only appearing), a List of all the Freemen was made, and they summoned to appeare at the Guildhall, on Monday, the Twelfth day of December instant, who proceeded as follows:

Totnes. Att the publique Meetinge att the Guildhall there on Monday, the Twelfth day of December, 1687, by the Mayor, Aldermen, and Freemen of the said Town (being then present Thirty-nyne Freemen), who having beene called over in order by name, the order for dismissing of Sir Edward Seymour, Barrt. from being Recorder having been read, and he dismissed accordingly. The King's Majesty's letter afore-mentioned was also read; and then, according to the custom of the Burrough, we proceeded, that each freeman might give his vote whether Sir John Southcote should be elected Recorder or not, in which, in order, Thirty-three of the said Freemen (whose names are here subscribed) denyed to elect Sir John Southcote Recorder, and fower of the said Freemen declared they were for electing him Recorder; the other two refused to give their votes.

Then follows the signatures of the Freemen voting as follows:

Among the persons voting against the election of Sir John Southcote, and thus defying the king, were all the leading men in the borough, many of whom had filled the office of mayor; and with reference to one of them (Samuel Hyre), there is a very curious entry in the same court-book, under date 19th January, 1685-6, as follows:

Samuel Hyre, of Totnes, Brasier, was bound in recognizance for reporting that he had received a letter from his father (a Lieutenant in the King's Army against Lyme Regis), wherein it was said that the Duke of Monmouth had 12,000

men.

The conduct of the burgesses of Totnes in thus defying the king's command was not long allowed to go unpunished, as appears by the next extract.

Att the Court att Whitehall,

the 23rd of December, 1687.
Present,

The King's most excellent Maty
in Councill.

Whereas by the Charter granted to the Towne of Totnes, in Devonshire, a power is reserved to his Maty by his Order in Councill to remove from their employments any officers in the said Town, His Majesty in Council is pleased to order, and it is hereby ordered that John Harlowin and John Crosse, Aldermen and Justices of the Peace; Richard Tucker, Alderman; John Waymouth, Alderman and Town Clerk; Richard Cockey, John Hewett, William Birch, John Willing, Sen., John Willing, jun., William Searle, Edward Truman, James Cockey, Thomas Willing, Edward Rounsevall, Luke Corbin, Alexander Trounson, and George Brockwell, Assistants, be,

Where these signatures would be the book has been mutilated, and I guess them from the fact that they were among those turned out.

and they are hereby removed and displaced from their aforesaid offices in the sayd Town of Totnes.

day of

Which order was, on the * delivered unto Mr. Robert Symons, Maior of the sayd Borough of Totnes. And being read in a Publique Hall, the same was allowed, and the persons above named discharged accordingly. And there-upon the letter, or mandate, hereunder written, was delivered to the said Mayor by Sir John Southcote, which was also read in the Publique Hall. †

To our trusty and welbeloved the Mayor, Burgesses, and Corporation of our Towne of Totnes, in our County of Devon, James R.

Trusty and welbeloved, we greet you well. Whereas we have by our Order in Councill thought fitt to remove (repeating the seventeen persons named above), wee have thought fitt thereby to will and require you forthwith to elect and admitt our trusty and welbeloved Richard Burthogge and John Brooking, Esqrs, Aldermen and Justices of the Peace; Anthony Guthridge, Alderman; Robert Berry, Alderman and Town Clerk; John Tothill, Joseph Langworthy, Ralph Wakeham, John Harris, Edward Perrott, Anthony Boone, Mordecai Cockey, Richard Clarke, Edward Holwell, James Cole, William Jarvis, Richard Short, and Samuel Venning, to be Assistants in the room of the persons above mentioned, without administering unto them any other oaths but the usual oath for the execution of their respective places, with which we are pleased to dispense in this behalf, and for soe doing this shall be your warrant.

The parties displaced were no doubt the ringleaders in opposing the king's command, and were the first to suffer for their courage and independence.

Several of the persons put in to supply their places were dissenters, their names frequently appearing in the same old court-book, as being reported for non-attendance at church, and attendance at conventicles. Of these, Richard Barthogge, M.D., of Bowdon House, near Totnes, was one of the most prominent. Several times had he and his family been presented by the jury of the court-leet for non-attendance at church. For two years he had entertained at his house Mr. James Burdwood, the ejected minister of St. Petrock's Church, Dartmouth, together with his wife and children. But now the times were changed, and he was an alderman and justice + Page 227.

*No date is inserted.