Parliament The Parliament by the same name as it is in England and hath the same absolute Authority It consists of three States of the Lords Spiritual that is the Bishops Abbots and Priors of the Lords Temporal viz. Dukes Marquisses Earls Viscounts and Barons and the Commissioners for the Cities and Buroughs To whom were joyned not long since for every County also two * Delegati Commissioners It is called by the King at pleasure allowing a certain time for notice before it is to sit When they are convened and the causes of their meeting are declared by the King and the Chancellour the Lords Spiritual retire apart and choose eight of the Lords Temporal the Lords Temporal likewise as many out of the Lords Spiritual Then all these together nominate eight of the Knights of the Shires and as many of the Burgesses which all together make 32. and are called Lords of the Articles and with the Chancellor Treasurer Privy-Seal the King's Secretary c. admit or reject all matters that are propos'd to the States after they have been first communicated to the King After they are approved by the whole Assembly of the States they are throughly examined and such as pass by a majority of Votes are presented to the King who by touching them with his Scepter signifies the confirming or vacating of them But if the King dislikes any thing it is first razed out Next to the Parliament is the College of Justice The College of Justice or as they call it the Session which King James 5. instituted An. 1532. after the manner of the Parliament at Paris consisting of a President fourteen Senators seven of the Clergy and as many of the Laity to whom was afterwards added the Chancellor who takes place first and five other Senators three principal Clerks and as many Advocates as the Senators shall think convenient These are to administer justice not according to the rigour of the Law but with reason and equity every day except Sunday and Monday from the first of November to the fifteenth of March and from Trinity Sunday to the first of August All the space between as being the times of sowing and harvest is Vacation and intermission from Suits and matters of Law They give judgment according to Acts of Parliament and where they are defective according to the Civil Law There are besides in every County inferiour Civil Courts wherein the Sheriff or his deputy decides controversies amongst the inhabitants about ejections intrusions damages debts c. from whom upon suspicion of partiality or alliance they appeal sometimes to the Session These Sheriffs are all for the most part hereditary For the Kings of Scotland as well as of England to oblige the better sort of Gentlemen more closely to them by their favours in old time made these Sheriffs hereditary and perpetual But the English Kings soon perceiving the inconveniencies happening thereupon purposely changed them into annual There are Civil Courts held also in the Fiefs of the Crown by their respective Bailiffs to whom the King hath graciously granted Royal privileges as also in free Boroughs and Cities by their Magistrates There are likewise Courts called The Commissariat the highest of which is kept at Edenborough wherein before four Judges actions are pleaded concerning matters relating to Wills the right of Ecclesiastical Benefices Tythes Divorces c. and Ecclesiastical Causes of like nature But in almost all the other parts of the Kingdom there sits but one Judge on these Causes In criminal Causes the King 's Chief Justice holds his Courts generally at Edenborough which Office hath for some time been executed by the Earls of Argyle who depute two or three Counsellors to take cognizance of actions of life and death loss of limbs or of goods and chattels In this Court likewise the Defendant is permitted even in case of High Treason to retain an Advocate to plead for him Moreover in criminal matters Justices are sometimes appointed by the King's Commission for deciding this or that particular cause Also the Sheriffs in their territories and Magistrates in some Boroughs may sit in judgment of Manslaughter in case the Manslayer be apprehended in the space of 24 hours and having found him guilty by a Jury may put him to death But if that time be once overpast the cause is referred to the King's Justice or his Deputies The same privilege also some of the Nobility and Gentry enjoy against Thieves taken within their own Jurisdictions There are likewise who have such Royalties that in criminal causes they may exercise a jurisdiction within their own limits and in some cases recall those that dwell within their own liberties from the King's Justice provided they judge according to Law These matters as having had but a transient view of them I have lightly touched upon What manner of Country Scotland is and what men it breeds Pomponius Mela. as of old that excellent Geographer writ of Britain will in a little time more certainly and evidently be shown since the greatest of Princes hath opened a passage to it which was so long shut up In the Interim I will proceed to the Places which is a subject I am more immediately concern'd in GADENI or LADENI UPon the Ottadini or Northumberland bordered the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gadeni who by the turning of one letter upside down are called in some Copies of Ptolemy Ladeni seated in that Country lying between the mouth of the River Tweed and Edenborough-Frith Joh. Skene de Verborum significatione which is now cantoned into many petty Countries The principal of them are Teifidale Twedale Merch and Lothien in Latin Lodeneium under which general name the Writers of the middle age comprised them all a TEIFIDALE TEifidale that is to say the Valley or Dale by the River d This river divideth that part of the shire properly called Teviotdale into that which lyeth on the South and that which lyeth on the North. Tefy or Teviot lying next to England amongst cliffs of craggy hills and rocks is inhabited by a warlike people who by reason of so frequent encounters between the Scots and English in former ages are always very ready for service and sudden invasions The first place we meet with amongst these is Jedburg a Borough well frequented standing near the confluence of the Tefy and Jed from whence it takes its name and Mailros â—â—â—â—ross a very ancient Monastery wherein in the Church's infancy were Monks of that antient instituion that gave themselves to prayer and with the labour of their hands earn'd their living And more Eastward where the Twede and the Tefy joyn in one stream â—â—â—oâ—â—â—h e The Royalty of this place was transmitted to the town of Iedburgh the chief burgh-royal of the shire Rosburg called also Roxburgh and in antient times Marchidun from its being seated in the Marches where stands a Castle that by its natural situation and tow'red fortifications
V. M. Who this Apollo Grannus was and whence he had this denomination no one Antiquary to the best of my knowledge has ever yet told us But if I that am of the lowest form may give my sentiments I should say that Apollo Grannus amongst the Romans was the same as the Grecians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is having long locks For Isidore calleth the long hair of the Goths Granni But this may be lookt upon as foreign to my business Something lower near the Scottish Frith stands Edenborough â—â—â—â—boâ—â—â—gh called by the Irish-Scots Dun-Eaden that is Eaden Town which without doubt is the same that Ptolemy calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Castrum Alatum the winged Castle for Edenborough signifies certainly the same as Winged Castle Adain in the British denoting a Wing and Edenborough from a word compounded of the British and Saxon Tongue is nothing else but the Winged Borough From Wings therefore we are to derive its name which if you think good may be done either from those Squadrons of horse which are called Wings or else from those Wings which the Greek Architects call Pteromata that is as Vitruvius tells us two walls so rising up in height that they bear a resemblance of Wings For want of these a certain City of Cyprus was antiently as we read in the Geographers called Aptera that is Wingless But if any man hath a mind to believe it took its name from Ebrauk a Britain or from Heth a Pict he may for me I shall not be against it This City in regard of its more eminent situation the goodness of the air and fertility of the soil many of the Nobilities lofty Seats lying all round it its being water'd with excellent Springs and reaching from East to West a mile in length and half as much in breadth is justly counted the Metropolis of the whole Kingdom strongly walled adorned with publick and private buildings well peopled and frequented for the advantage of the Sea which the neighbouring Port at Leith affords And as it is honoured with the King's residence so is it the sacred repository of the Laws and chief tribunal of Justice For the high Court of Parliament is generally held here for the enacting or repealing of Laws as also the Session and the Courts of the King's Justice and of the Commissariat whereof I have already spoken are here settled On the East side joyning to Holy-Rood-Monastery stands the Palace Royal built by King David the first over which within a Park stored with game hangs a double-topt mountain called Arthur's Chair from Arthur the Britain On the West side there mounts up a rock to a mighty height steep and inaccessible on all sides but that which looks towards the City upon which a Castle stands so strongly fortified with a number of Towers that it is look'd upon as impregnable This the Britains called Castle Myned Agned the Scots the Maidens Castle and the Virgins Castle because the Princesses of the Blood-Royal of the Picts were here kept and the same may really be lookt upon as the Castrum Alatum or Winged Castle abovementioned How Edenborough by the vicissitudes of war has been subject sometimes to the Scots sometimes to the Saxons who inhabited this Eastern part of Scotland until it became wholly under the Scots Dominion in the year of our Lord 960. when the English Empire under the convulsions of the Danish Wars lay as it were expiring How likewise as it is in an old Book Of the Division of Scotland in the Library of the Right Honourable my Lord Burleigh late High-Treasurer of England In the Reign of Indulph Eden Town was * Vacuatum quitted and abandonned to the Scots to this present day and what different turns of fortune it felt afterwards the Historians relate from whom you are to be informed †In the mean time you may read See a fuller description of this place in the Additions if you please the ingenious Johnston's Verses in praise of Edenborough Monte sub acclivi Zephyri procurrit in auras Hinc Arx celsa illinc Regia clara nitet Inter utramque patet sublimibus ardua tectis Urbs armis animis clara frequensque viris Nobile Scotorum caput pars maxima regni Paenè etiam gentis integra Regna suae Rarae artes opes quod mens optaverit aut hic Invenias aut non Scotia tota dabit Compositum hic populum videas sanctumque senatum Sanctaque cum puro lumine jura Dei An quisquam Arctoi extremo in limite mundi Aut haec aut paria his cernere posse putet Dic Hospes postquam externas lustraveris urbes Haec cernens oculis credis an ipse tuis Beneath a Western hill's delightful brow The Castle hence and hence the Court we view The stately town presents it self between Renown'd for arms for courage and for men The kingdom's noblest part the lofty head Or the whole kingdom of the Scottish breed Wealth arts and all that anxious minds desire Or not in Scotland or you meet with here The people sober grave the Senate show The worship pure the faith divinely true In the last borders of the Northern coast What rival land an equal sight can boast These glories Trav'ler when at last you see Say if you don't mistrust your wondring eye And think it transport all and extasy A mile from hence lieth Leith Leith an excellent Haven upon the River Leith which when Monsieur Dessie had fortified with works to secure Edenborough by the conflux of people thither from a mean Village p It has in it several Manufactures it grew to a large Town Again when the French King Francis 2. had married Queen Mary of Scotland the French who then made themselves sure of Scotland and began now to gape after England in the year 1560 strengthned it with more fortifications But Q. Elizabeth of England upon the solicitation of the Scotch Nobility of the Puritan party effected by her wisdom and authority that both they retuâ—ned into France and these their fortifications were levell'd with the ground and Scotland ever since hath had little cause to fear the French e. In the mid'st of this Frith where it begins by degrees to contract it self there stood as Bede noteth the City Caer-Guidi Caer-Guidi which seems now to be Inch-Keith-Island Whether this be the Victoria mentioned by Ptolemy I will not now dispute though a man might be easily induced to believe that the Romans turn'd this Guith into Victoria as our Isle Guith or Wight into Victesis and Vecta Certainly since both these are broken from the shore there is the same reason for the name in both languages For Ninius informs us that Guith in the British Tongue signifies a breaking off or separation Upon the same Frith more inwardly lies Abercorne a famous Monastery in Bede's time which now by the favour of King James 6. gives the Title of Earl to James
of the Pipe the Comptroler of the Pipe the five Auditors of the old Revenues the Foreign Opposer Clerk of the Estreats Clerk of the Pleas the Marshal the Clerk of the Summons the Deputy-Chamberlains two Secondaries in the office of the King's Remembrancer two Deputies in the office of the Treasurer's Remembrancer two Secondaries of the Pipe four the other Clerks in several Offices c. In the other part of the Exchequer call'd * Recepta the Receiving-Office two Chamberlains a Vice-treasurer Clerk of the Tallies Clerk of the Pells four Tellers two Joyners of the Tallies two Deputy-Chamberlains the Clerk for Tallies the Keeper of the Treasury four Pursevants ordinary two Scribes c. The Officers likewise of the Tenths and First-fruits belong to this Court. For when the Pope's authority was rejected and an Act pass'd that all Tithes and First-fruits should be paid to the King these Officers were Instituted Besides these three Royal Courts of Judicature Justices Itinerant for the speedy execution of Justice and to ease the subject of much labour and expence Henry the second sent some of these Judges and others every year into each County who were call'd Justices Itinerant or Justices in Eyre These had jurisdiction as well in Pleas of the Crown as in common causes within the Counties to which they were sent For that King as Matthew Paris says by the advice of his son and the Bishops appointed Justices over six parts of the Kingdom to every part three who took an oath to do every man right and justice This institution expir'd at length in Edward the third's time but was in some measure reviv'd by an Act of Parliament soon after For the Counties being divided into so many Circuits two of the King's Justices are to go those Circuits twice every year for the trial of prisoners and Gaol-delivery Hence in Law-latin they are call'd Justiciarii Gaolae deliberandae They are likewise to take cognizance of all Assizes of novel disseisin and some others from which they are call'd Justices of Assize and also to try all issues between party and party in any of the King 's three great Courts by Recognitors of the same Peerage as the custom is Hence they are call'd Justices of Nisi prius from the Writs directed to the Sheriff for these tryals which have the words Nisi prius in them The b This Court is since Mr. Camden's time taken away Star-Chamber The Star-Chamber or rather the Court of the King's Council takes cognizance of all matters criminal perjuries Impostures Cheats Excesses c. This Court if we consider it in respect of standing and dignity is ancient and honourable above all others For it seems to be as early as Appeals from the Subjects to their Sovereign and the very birth and rise of the King's Council The Judges of it are men of the greatest honour and eminence being those of the King 's Privy Council It has had the name of the Star-Chamber ever since this Court was held in the Star-Chamber in Westminster which has now been a long time set a part to that use For in an Act of Parliament in Edward the third's time we find Conseil en le Chambre des Estoielles pres de la receipte al Westminster i.e. The Council in the Star-Chamber near the Receipt at Westminster The authority and jurisdiction of this Court was enlarg'd and confirm'd by an Act of Parliament procur'd by that wise Prince Henry the 7th so that some have falsly ascribed the institution of it to him The Judges of this Court are the Lord Chancellor of England the Lord Treasurer of England the Lord President of the King's Council the Lord Keeper of the Privy Seal and all those of the King's Council whether persons spiritual or temporal also sâ—n of the Barons of the Realm as the King will â—ppoint with the two Chief Justices or two othâ—â— Judges in their absence The Officers are tâ—â— Clerk of the Council the Clerk of the Writs and â—f the process in the Star-Chamber c. Causes of tâ—â—s Court are not try'd per Pares according to the common-Common-Law but after the method of the Civil-Law Thâ—â—â—urt oâ— Wards The Court of c The Court of Wards is now taken away Wards and Liveries which is so call'd from Minors whose causes are here try'd was instituted by Henry the 8. whereas before all business of this nature was determined in the Courts of Chancery and Exchequer For by an old Custom derived from Normandy and not as some write instituted by Henry the third when any one dies holding lands of the King in capite by Knight's service both the heir and the whole estate with the revenues of it are in Ward to the King till he has compleated the age of one and twenty and then he may sue out his livery The judge in this Court is the Master-General under him a Supervisor of the Liveries an Attorney-General a Receiver-General an Auditor a Clerk of the Liveries a Clerk of the Court forty Feudaries and a Messenger In after-ages were institued two other Courts for correcting of errors the one for those of the Excheqeur the other for those of the King's Bench. The Judges of the first were the Chancellor and the Treasurer of England taking such of the Judges to their assistance as they should think fit those of the latter were the Judges of the Common Pleas and the Barons of the Exchequer The Court of Admiralty has jurisdiction in marine affairs The Court of Admiralty and is administred by the Admiral of England his * Locum-tenens Lieutenant a Judge two Clerks a Serjeant of the Court and the Vice-Admirals Now for the Courts of Equity The Court of Chancery The Chancery takes its name from the Chancellor a title of no great honour under the old Roman Emperors as may be learnt from Vopiscus At present it is a name of the greatest dignity and the Chancellors are raised to the highest honours in the State Cassiodorus derives the word it self a cancellis i.e. rails or Balisters because they examine matters †Intra sâ—creta Cancellorum Epist 6. Lib. 11. in a private apartment enclos'd with rails such as the Latins call'd Cancelli Consider says he by what name you are call'd What you do within the rails cannot be a secret your doors are transparent your cloysters lye open and your gates are all windows Hence it plainly appears that the Chancellor sat expos'd to every one 's within the rails or cancels so that his name seems to be deriv'd from them Now it being the business of that Minister who is as it were the mouth the eyes and ears of the Prince to strike or dash out with cross lines * Cancellation lattice-like such writs or judgments as are against law or prejudicial to the state not improperly call'd Cancelling some think the word Chancellor to be deduc'd from it And thus we find it in a
full of windings and turnings GLOCESTERSHIRE GLocestershire in the Saxon tongue gleaucestâ—schyre was the chief Seat of the Dobuni It is bounded on the west by Monmouthshire and Herefordshire on the north by Worcestershire on the east by Oxfordshire and Warwickshire †And Barkshire Hol. and on the south by Wiltshire and part of Somersetshire A pleasant and fertile County stretching out in length from northeast unto southwest The most eastern part which swelleth with rising Hills is call'd Cotteswold The middle part is a large fruitful Plain which is water'd by the most noble river Severne that gives as 't were life and spirit to the Soil The more western part lying on the other side Severne is altogether shaded with Woods But enough of this William of Malmesbury easeth me of the labour who fully describes this County and sets forth it 's excellence Take what he writes in his Book De Pontificibus The Vale of Glocester is so call'd from its chief City the soil whereof yieldeth variety of fruits and plants and all sorts of grain in some places by the natural richness of the ground and in others by the diligence of the Country-man enough to excite the idlest person to take pains when it repays his sweat with the increase of an hundred fold Here you may behold the high-ways and publick roads full of fruit-trees not set but growing naturally The Earth of its own accord bearing fruit exceeding others both in taste and beauty many of which continue fresh the whole year round and serve the owner till he is supply'd by a new Increase There is no Province in England hath so many or so good Vineyards Vineyards as this County either for fertility or sweetness of the Grape The wine whereof carrieth no unpleasant tartness being not much inferiour to the French in sweetness The Villages are very thick the Churches handsome and the Towns populous and many To all which may be aâ—ded in honour of this County the river Severne Severne than which there is not any in the Land that hath a broader Chanel swifter stream or more plenty of fish There is in it a daily rage and boisterousness of waters which I know not whether I may call a Gulph or Whirlpool casting up the sands from the bottom and rowling them into heaps it floweth with a great torrent but loses its force at the first Bridge Sometimes it overfloweth its banks and wanders a great way into the neighbouring Plains and then returneth back as conquerour of the Land That Vessel is in great danger that is stricken on the side the Watermen us'd to it when they see this Hygre Hygâ— coming for so they call it in English do turn the Vessel and cutting through the midst of it avoid its violence What he says concerning the hundred-fold increase doth not at all hold true neither do I believe with those idle and dissatisfied Husbands whom Columella reprehends that the soil is wore out by its excessive fruitfulness in former Ages and become barren But yet not to mention other things we have no reason to admire that so many places in this County from their Vines are called Vineyards since they formerly afforded plenty of Wine and that they yield none now is rather to be imputed to the sloth and unactiveness of the Inhabitants than the indisposition of the Climate a But why in some parts of this County * See 〈◊〉 Ed. â—â— as we read in our Statutes by a private custom which hath now grown into a Law The Lands and Tenements of condemned persons are forfeited to the King only for a year and a day and after that term expired contrary to the custom of all England beside return to the next heirs let the Lawyers enquire since 't is not to my purpose b And now let us survey those three parts in their order which I mention'd before GLOCESTER SHIRE By Rob t Morden â—â—â—â—ton And since Avon in the British Language signifieth a River it is not improbable it took it's name from the river In the same sense among us to omit many others we have Waterton Bourne Riverton and the Latins have their Aquinum and Fluentium And I am the more ready to believe that this town took it's name from the river because at this place they us'd to ferry over from whence the town opposite to it was called Trajectus by Antonine but without doubt there is an error in the computation of the distance between these two places since he makes it 9 miles betwixt Trajectus and Abone whereas the river is scarce two miles over But I suppose it may have lost it's name or rather dwindld into a village The Ferâ—y when passengers began to ferry over lower or when Athelstan expell'd the Welsh thence For he was the first according to William of Malmesbury who drove the Welsh beyond the river Wye and whereas in former times Severn did divide the Welsh or the Cambri and the English he made the Wye to be their Boundary whence our Countryman Neckham Inde Vagos Vaga Cambrenses hinc respicit Anglos On this side Wye the English views On that the winding Welsh pursues 〈◊〉 Brâ—â—â—â—is Not far from Wye stands amongst tufts of trees St. Breulais Castle more than half demolished famous for the death of Mahel youngest son of Miles Earl of Hereford for there by the just judgment of heaven he was remarkably punished for his greedy designs inhumane cruelty and boundless Avarice always usurping on other men's rights with all these vices he is taxed by the writers of that age For as Giraldus writes being courteously treated here by 2 Sir Walter Clifford Walter de Clifford and the castle taking fire he lost his life by the fall of a stone on his head from the highest tower Here is nothing more remarkable in this woody place e 3 Beside Newnham a pretty market and Westbury thereby a seat of the Bamhams of ancient descent but that Herbert who marry'd the daughter of the aforesaid Mahel Earl of Hereford was in right of his wise call'd Lord of Deane from whom the noble family of the Herbert's deduce their original who gave rise to the Lords of Blanleveny and more lately 〈◊〉 in Dâ—râ—â—shâ—â—e to the Herberts Earls of Huntingdon and Pembroke and others From which family if we may credit D. Powel in his Welsh History Aâ—â—â—â—ny â—â—â—â—erbert was descended Anthony Fitz-Herbert whom the Court of Common Pleas of which he was sometimes chief Justice and his own most elaborate treatises of the Common Law do manifest to have been singularly eminent in his faculty But others affirm he was descended from the Fitz-herberts a Knightly family in the County of Derby and indeed in my opinion more truly â—â—â—â—rn The river Severn call'd by the Britains Haffren after it hath run a long way in a narrow chanel f at it's first entrance into this Shire receives the Avon and
the French King put in a golden little Urn upon a Pyramid 53 Sir Charles Blunt Earl c. instead of Charles Earl of Devon c. Charles Earl of Devonshire Lord Deputy of Ireland and Geoffrey Chaucer who being Prince of the English Poets ought not to be pass'd by as neither Edmund Spencer who of all the English Poets came nearest him in a happy genius and a rich vein of Poetry There are also several others both Clergy and Gentlemen of quality r Hard by there was another College 54 Of a Dean and c. of 12 Canons dedicated to S. Stephen which King Edw. 3. rais'd to such a royal magnificence and endow'd with such large possessions after he had carry'd his victories thro' France that he seems rather to have been Founder than only the Repairer devoutly considering as the Foundation-Charter has it the great benefits of Christ whereby out of his rich mercy we have been prevented upon all occasions delivering us altho' unworthy of it from divers perils and by the right hand of his power mightily defending us and giving us the victory in all the assaults of our enemies as also comforting us with unexpected remedies in the other tribulations and difficulties we have labour'd under Near this was a Palace the ancient habitation of the Kings of England from the time of S. Edward the Confessor which in the reign of K. Hen. 8. was burnt down by a casual fire This Palace was really large and magnificent Fitz-Steph a building not to be equall'd in that age having a * Anteâ—â—rale vawmure and bulwarks For the remains of this are the Chamber wherein the King the Nobility and great Ministers of State meet in Parliament and that next to it wherein our Forefathers us'd to begin their Parliaments call'd the painted Chamber of S. Edward 55 Because the Tradition holds that the said King Edward therein died How bloody black hainous and horrible how odious to God and man that act was whereby certain brutes in the shape of men under that Arch-traitor Fr. Catesby by undermining Fr. Catesby's Plot and placing a vast quantity of gun-powder under those buildings lately contriv'd the destruction of their Prince Country and all the Estates of the Kingdom out of a specious pretence of Religion my very heart quakes to consider and I cannot reflect without the greatest horrour and astonishment into what an inevitable darkness and lamentable ruin they would have thrown this most flourishing Kingdom in a moment But what an old Poet said in a matter of less concern we may mournfully apply to our case Excidat illa dies aevo ne postera credant Secula nos certè taceamus obruta multa Nocte tegi propriae patiamur crimina gentis May that black day ' scape the record of fate And after-ages never know 't has been Or us at least let us the time forget And hide in endless night our guilty nation's sin Near these is the White-hall wherein is at this day the Court of Requests Below which is that Hall larger than any of the rest Westminster-Hall the Praetorium and Hall of Justice for all England s In this there are held Courts of Justice namely King's-Bench Common-Pleas Chancery and in places round it The Star-Chamber the Exchequer Court of Wards Court of the Dutchy of Lancaster c. In these are heard Causes at the set seasons or Terms of the year whereas before the reign of Hen. 3. the General Court of Justice was moveable and always follow'd the King's Court. Guil Lâ—â—bard But he in his Magna Charta made a law in these words The Common-Pleas shall not follow our Court but be held in some one certain place Tho' there are some who understand only by this that the Common-Pleas should from that time forward be held in a distinct Court and not in the Kings-bench as formerly The * Praetorium Hall which we now have was built by K. Rich. 2. as we learn from his Arms in the stone-work and the †Lacunaribus beams which having pull'd down that more ancient Hall built in the place by William Rufus he made his own habitation For then the Kings us'd to hear causes themselves as being the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Judges Prov. c. 1â— whose mouth as the Royal Pen-man has it shall not err in judgment But this Palace being burn'd down in the year 1512. lay desolate and a little after Henry 8. remov'd the Royal Seat to a neighbouring house that not long since was Cardinal Wolsey's which they now call White-hall This is a truly Royal Palace enclos'd on one side with a Park reaching to another house of the King 's 56 Robert Catesby built by K. Henry 8. and call'd S. James's 57 Where anciently was a Spittle for Maiden Lepeus on the other with the Thames A certain Poet from it's Whiteness has term'd it Leucaeum Regale subintrant Leucaeum Reges dederant memorabile quondam Atria quae niveo candebant marmore nomen Quod Tamisis prima est cui gloria pascere cygnos Ledaeos rauco pronus subterluit aestu To the Leuceum now the Princes came Which to it's own white marble owes it's name Here Thames whose silver swans are all his pride Runs roaring by with an impetuous tide Hard by near the Mues The Mâ—â—s so call'd because 't was formerly a place for keeping of Hawks but is now a beautiful stable for the King's horses there stands a monument which King Edw. 1. erected in memory of Queen Eleanor Châ—ring-cross the dearest husband to the most loving wife The tenderness oâ— wife whose tender affection will stand upon record to all posterity She was daughter to Ferdinand 3. King of Castile and marry'd to Edward 1. King of England with whom she went into the Holy Land When her husband was treacherously wounded by a Moor with a poyson'd sword and rather grew worse than receiv'd any ease by what the Physicians apply'd to it Rodâ—ricus Tâ—â—â—tanus lâ—b 1. she found out a remedy as new and unheard of as full of love and endearment For by reason of the malignity of the poyson her husband's wounds could not possibly be clos'd but she lick'd them dayly with her own tongue and suck'd out the venomous humour thinking it a most delicious liquor By the power whereof or rather by the virtue of a wife's tenderness she so drew out the poysonous matter that he was entirely cur'd of his wound and she escap'd without catching any harm What then can be more rare than this woman's expression of love or what can be more admirable The tongue of a wife anointed if I may so say with duty and love to her husband draws from her beloved those poysons which could not be drawn by the most approv'd Physician and what many and most exquisite medicines could not do is effected purely by the love of a wife And thus
which they still keep of which leader they are to this day called Dalreudini Dalreudini for in their language Dal Dal. signifies a part And a little after Ireland says he is the proper Country of the Scots for being departed out of it they added unto the Britons and Picts a 3d Nation in Britain And there is a very good Arm of the sea or a bay that antiently divided the Nation of the Britons from the Picts which from the West breaketh a great way into the Land and there to this day standeth the strongest City of the Britons call'd Alcluith In the Northern part of which bay the Scots whom I now mentioned when they came got themselves room to settle in Of that name Dalreudin there are now extant no remains that I know of nor any mention of it in Writers unless it be the same with Dalrieta Dalrieâ—â— For in an old little book of the Division of Albany we read of one Kinnadius who 't is certain was a King of Scotland and subdu'd the Picts in these very words Kinnadius two years before he came into Pictavia so it calls the country of the Picts enter'd upon the government of Dalrieta Also there is mention made in a more modern History of Dalrea Dalrea hereabouts where King Robert Brus fought a battle with ill success K. James the 4. with consent of the States of the Kingdom enacted that Justice should be administred to this province by the Justices Itinerant at Perth whensoever the King should think convenient But the Earls themselves have in some cases their Jura Regalia who are persons of very great authority and of a mighty interest deriving their pedigree from the antient petty Kings of Argile through an infinite series of Ancestors and taking their sirname from their Castle Cambel But they are oblig'd to King James the 2. for the honour and title of Earl who as it is recorded created Colin Lord Cambel Earl of Argile Earls oâ— Argile in regard to his own virtue and the dignity of his Family Whose Posterity by the favour of their Kings have been a good while General Justices of the Kingdom of Scotland or according to their way of expressing it Justices generally constitute and Great Masters of the King's Houshold e CANTIRE LOgh-Finn Logh-Finn a Lake that in the season produces incredible sholes of herrings divides Argile from a Promontory which for about 30 miles together growing by little and little into a sharp point thrusts it self with such a seeming earnestness towards Ireland separated from it by a narrow streight of scarce 13 miles as if it would call it over to it Ptolemy names this the Promontory of the Epidii Epidium between which name and the Islands Ebudae opposite to it methinks there is some affinity It is now called in Irish which language they use in all this Tract Can-tyre that is the Land's head 'T is inhabited by the family of Mac-Conell very powerful here but yet at the command of the Earl of Argile they sometimes in their Vessels make excursions for booty into Ireland and have possessed themselves of those little Provinces they call Glines and Rowte This Promontory lieth close to Knapdale by so small a neck of land being scarce a mile over and sandy too that the Sea-men by a short cut as it were transport their vessels over land from the Ocean to Logh-Finn Which a man would sooner beelieve than that the Argonautes laid their Argos upon their shoulders and carried it along with them 500 miles 10 From Aemonia to the shores of Thessalia f LORN SOmewhat higher lies Lorn towards the North a Country producing the best Barley divided by Logh-Leave a vast Lake upon which stands Berogomum Beâ—ogoâ—um a Castle wherein the Courts of Justice were antiently kept and not far from it Dunstafag that is Stephen's Mount antiently a seat of the Kings above which is Logh-Aber â—â—gh-â—â—â—r a Lake insinuating it self so far into the land out of the Western sea that it would meet the Lake of Ness which empties it self into the Eastern Ocean did not the hills which lie between separate them by a very narrow neck The chiefest place in this tract is Tarbar in Logh-Kinkeran where K. James 4. by authority of Parliament constituted a Justice and Sheriff to administer justice to the inhabitants of the Southern Isles These Countrys and these beyond them were in the year of Our Lord 605. held by those Picts which Bede calls the Northern Picts where he tells us that in the said Year Columbanus a Priest and Abbot Lib. 3. ca. 4. famous for the profession of Monkery came out of Ireland into Britain to instruct those in the Christian Religion that by the high and fearful ridges of mountains were sequester'd from the Southern Countrys of the Picts and that they in requital granted him m It does not appear that the Western-Isles belong'd to the Picts at that time so that they could not dispose of any part of them 'T is more probable that it was Hoia one of the Orkney-Isles the Island Hii lying over against them now call'd I-comb-kill of which in its proper place Its Stewards in the last Age were the Lords of Lorn but now by a female heir it is come to the Earls of Argile who always use this among their other titles of honour BRAID ALBIN MORE inwardly amongst the high and craggy ridges of the mountain Grampius where they begin a little to slope and settle downwards lies Braid-Albin n Now an Earldom in the family of the Campbels that is the highest part of Scotland For they that are the true and genuine Scots call Scotland in their Mother-Tongue Albin as that part where it rises up highest Drum-Albin that is the Ridge of Scotland But in a certain old Book it is read Brun-Albin where we find it thus written Fergus the son of Eric was the first of the seed of Chonare that enter'd upon the Kingdom of Albany from Brun-Albain to the Irish-sea and Inch-Gall And after him the Kings of the race of Fergus reigned in Brun-Albain or Brunhere unto Alpinus the son of Eochal But this Albany is better known for its Dukes than the fruits of its ground The first Duke of Albany that I read of 〈◊〉 of â—â—â—â—ny was Robert Earl of Fife advanced to that honour by his Brother K. Robert the 3. of that name yet he spurr'd on by ambition most ungratefully starved to death David this very brother's son and next heir to the Crown But the punishment due to this wicked fact which himself by the forbearance of God felt not came heavy upon his son Mordac or Murdo second Duke of Albany who was condemned for treason and beheaded after he had seen his two sons executed in like manner the day before The third Duke of Albany was Alexander 2. son of King James 2. who being Regent of the Kingdom Earl of
this name of Esquire which in ancient times was a name of charge and office only crept first in among the titles of honour as far as I can find in the reign of Richard the second Gentlemen Gentlemen are either the common sort of nobility who are descended of good families or those who by their virtue and fortune have made themselves eminent Citizens Citizens or Burgesses are such as are in publick offices in any City or elected to sit in Parliament The common people or Yeomen are such as some call ingenui the Law homines legales i.e. freeholders Yeomâ— Gemâ—◠〈◊〉 Saxo◠〈◊〉 common people those who can spend at least forty shillings of their own yearly Labourers are such as labour for wages sit to their work are Mechanicks Artizans Smiths Carpenters c. term'd capite censi and Proletarii by the Romans The law-Law-Courts of ENGLAND AS for the Tribunals or Courts of Justice in England there are three several sorts of them some Spiritual others Temporal and one mixt or complicate of both which is the greatest and by far the most honourable call'd the Parliament Parliament a French word of no great antiquity The Saxons our fore-fathers nam'd it a Witenâ— gemot â—s the true Saxon word Ç·ittenagemot that is an assembly of wise-men and Geraedniss or Council and Micil Synod from the greek word Synod signifying a great meeting The Latin writers of that and the next age call it Commune Concilium Curia altissima Generale Placitum Curia Magna Magnatum Conventus Praesentia Rogis Praelatorum Procerumque collectorum Commune totius regni concilium c. And as Livy calls the general Council of Aetolia Panetolium so this of ours may be term'd very properly Pananglium For it consists of the King the Clergy the Barons and those Knights and Burgesses elected or to express my self more plainly in Law-language the King the Lords Spiritual and Temporal and the Commons who there represent the body of the Nation This Court is not held at certain set times but is call'd at the King's pleasure when things of great difficulty and importance are to be consider'd in order to prevent any danger that may happen to the State and then again is dissolv'd when-ever he alone pleases Now this Court has the sovereign power and an inviolable authority in making confirming repealing and explaining laws reversing Attainders determining causes of more than ordinary difficulty between private persons and to be short in all things which concern the State in general or any particular Subject â—he Kings â—â—urt The next Court to this immediately after the coming in of the Normans and for some time before was the King's Court which was held in the King's Palace and follow'd the King where-ever he went For in the King's Palace there was a peculiar place for the Chancellor and Clerks who had the issuing out of Writs and the management of the great Seal and likewise for Judges who had not only power to hear pleas of the Crown but any cause whatsoever between private persons There was also an Exchequer for the Treasurer and his Receivers who had charge of the King's revenues These each of them were counted members of the King's family and had their meat and cloaths of the King Hence Gotzelin in the life of S. Edward calls them Palatii Causidici and Joannes Sarisburiensis Curiales But besides these and above them likewise â—â—e Chief â—â—â—tice was the Justitia Angliae and Justitiarius Angliae Capitalis i.e. the Lord Chief Justice who was constituted with a yearly stipend of 1000 marks by a Patent after this form The King to all the Archbishops Bishops Abbots Priors Counts Barons Viscounts Foresters and all other his faithful subjects of England greeting Whereas for our own preservation and the tranquillity of our Kingdom and for the administration of justice to all and singular of this our Realm we have ordain'd our beloved and trusty Philip Basset Chief Justice of England during our will and pleasure we do require you by the faith and allegiance due to us strictly enjoyning that in all things relating to the said office and the preservation of our peace and Kingdom you shall be fully obedient to him so long as he shall continue in the said Office Witness the King c. But in the reign of Henry the third it was enacted that the Common Pleas should not follow the King's Court but be held in some certain place and awhile after the Chancery the Pleas of the Crown and the Exchequer also were remov'd from the King's Court and establisht apart in certain set places as some how truly I know not have told us Having premis'd thus much I will now add somewhat concerning these Courts and others that sprung from them as they are at this day And seeing some of them have cognizance of â—uris Law namely the King's Bench Common Pleas Exchequer Assizes Star-Chamber Court of Wards and the Court of Admiralty others of Equity as the Chancery the Court of Requests the Councils in the Marches of Wales and in the North I will here insert what I have learnt from others of each of them in their proper places The King's Bench â—â—e Kings â—â—â—ch so call'd because the Kings themselves were wont to preside in that Court takes cognizance of all pleas of the Crown and many other matters relating to the King and the well-being of the publick it has power to examine and correct the errors of the Common-pleas The Judges there besides the King himself when he is pleas'd to be present are the Lord Chief Justice of England and four others or more as the King pleases â—â—mmon â—â—â—as The Common-Pleas has this name because the common pleas between subject and subject is by our law which is call'd the Common law there triable The Judges here are the Chief Justice of the Common Pleas and four others or more to assist him Officers belonging to this Court are the Custos Brevium three Prothonotaries and many others of inferior rank â—â—â—hequer The Exchequer deriv'd that name from a table at which they sat For so Gervasius Tilburiensis writes who liv'd in the year 1160. The Exchequer is a squarâ— table about ten foot long and five broad contriv'd likâ— a table to sit round On every side it has a ledge of four fingers breadth Upon it is spread a cloath of black colour with stripes distant about a foot or spanâ— it bought in Easter term A little after This Court 〈◊〉 report has been from the very Conquest of the Realm by King William the design and model of it being taken â—â—m the Exchequer beyond Sea Here all matters belongiâ—â—â— to the King's revenues are decided The Judges of it are the Lord Treasurer of England the Chancellor of the Exchequer the Chief Baron and three or four other Barons The Officers of this Court are the King's Remembrancer the Treasurer's Remembrancer the Clerk
modern Glossary A Chancellor is he whose office is to inspect the writings and answer of the Emperor to cancell those that are wrong and sign those that are right Nor is that of Polidore Virgil true namely that William the Conqueror instituted a College of Scribes to write letters-patents and nam'd the head of that society a CHANCELLOR for it is evident that Chancellors were in England before the Conquest How great the honour and authority of Chancellor is at this day is so very well known that I need not enlarge upon it yet it will not be improper to subjoyn a word or two from an old Author to shew of what note it was formerly Robert Fi z-Stephens who liv'd under Hen. 2. The dignity of the Chancellor of England is this he is reputed the second person in the Kingdom and next unto the King with the King's seal whereof he has the keeping he may seal his own injunctions to dispose of the King's Chapel as he pleases to receive and have the custody of all Archbishopricks Bishopricks Abbies and Baronies vacant and fallen into the King's hands to be present at the King's Counsels and repair thither without summons to seal all things by the hand of his Clerk who carries the King's seal and that all things be disposed of by his advice Also * Ut jâ—â—â— gaâ—â—â—â— eâ— per 〈◊〉 graâ—â—â—â— vita â—â—ritis â—morâ—â—â—â— nisi â—chiâ—â—â— scepâ—◠〈◊〉 vâ—â—uâ—â—â— that by the grace of God leading a just and upright Life he may if he will himself die Archbishop Whereupon it it is that the CHANCELLORSHIP is not to be bought The manner of creating a Chancellor for that I have a mind to take notice of in King Henry the second 's time was by hanging the Great Seal about the neck of the person chosen for that office Yet in Henry the sixth's reign the method was thus Guâ—â— Mâ—â— as it appears from the Records Upon the death of the Chancellor of England the three great Seals one of gold and the other two of silver which were kept by the Chancellor are immediately after his decease shut up in a wooden chest fast lock'd and seal'd by the Lords there present and so convey'd into the Treasury From thence they are brought to the King who in the presence of many of the Nobility delivers the same into the hands of him that is to be the succeeding Chancellor and undertakes the Charge of that office having first took an oath before him that he will duly administer the same First then he delivers up the great silver seal next that of gold and lastly the other of silver in the presence of great numbers of the Nobility After he has thus receiv'd them he puts them into the chest again and so sends them seal'd home where before certain of the Nobility he causes the King's writs and briefs to be seal'd with them When a Chancellor is displac'd he delivers up those three seals into the King's hands in the presence of many of the Nobility first the seal of Gold then the broad seal of silver and next the other of a less size At this day only one seal is delivered to the Chancellor nor is there any mention to be found of these three seals but in the reign of Henry the sixth In process of time much honour and authority was added to this office of Chancellor by Act of Parliament especially since so much niceness and subtilty has crept in among the Lawyers who have made their pleadings so difficult and ensnaring that a Court of Equity was found necessary which was committed to the Chancellors that he might judge according to the rules of right and equity and moderate the rigour of exact justice which is often down-right injustice and oppression There preside in this Court the Lord Chancellor of England and twelve Masters of Chancery as Assessors to him the chief where of is the Keeper of the Rolls belonging to that Court and thence call'd Magister Rotulorum or Master of the Rolls There are also many other Officers belonging to this Court some of them concern'd about the King's Seal namely the Clerk of the Crown the Clerk of the Hamper A Sealer A Chauff-wax A Comptroller of the Hamper twenty four Cursitors and a Clerk for the Sub-poena-writs Others concerned in the Bills there exhibited are a Prothonotary the Six Clerks or Attorneys of the Court and a Register There are also the three Clerks of the petit bag a Clerk of the Presentations a Clerk of the Faculties a Clerk for examining Letters-Patents a Clerk for Dimissions c. There is another Court also arising from the King 's Privy Council call'd the Court of Requests The Câ—â— of Requests from the addresses of Petitioners deliver'd there where private causes are heard as in Chancery if first presented to the King or his privy Council though sometimes otherwise In this Court business is manag'd by the Masters of the Requests and a Clerk or Register with two or three Attorneys As for those Councils held in the Marches of Wales and in the North I will treat of them God willing in another place The Chief Spiritual Courts Spiâ—â—â—â— Coâ—â—â— are the Synod which is call'd the Convocation and is always held at the same time that a Parliament is and the Provincial Synods in both Provinces After these are the Courts of the Achbishop of Canterbury namely the Court of Arches The Câ—â—â— of Aâ—â—â—â— the judge of which is the Dean of the †He is called DEAN for that he hath jurisdiction in 13 Parishes of London exempt from the Bishop of London which number maketh a DEANERIE Hol. Arches so call'd from St. Mary's Church in London famous for its arch'd steeple All Appeals within the province of Canterbury are made to him There are in this Court 16 Advocates or more as the Archbishop shall think fit all of them Doctors of Law two Registers and ten Proctors Court â—udiâ— The Court of Audience where all complaints causes and appeals in this Province are receiv'd Court â—eroâ—e The Court of Prerogative where the Commissary judges of inheritances whether descended without will or devis'd The Court of Faculties manag'd by a * Câ—urt â—culâ— â—fâ—ctus President who takes cognizance of all grievances represented to him by such as desire that the rigour and severity of the Canon-law may be moderated and a Register to record such dispensations as are granted Court â—eculâ—â— The Court of Peculiars which has jurisdiction in certain parishes exempt from the Bishop of the Diocese where they lye and those Peculiars that belong to the Archbishop with other things of less note I willingly omit For I must confess it was imprudent in me to dip at all in a subject of this nature however Guicciardin encouraged me to it by his example in his description of the Netherlands I intended here to have inserted some few things and those chiefly concerning the antiquity
Richard Earl of Cornwall 7 This Richard began to make Ordinances for these tinn-works and afterwards c. Afterwards a Charter was granted them by Edmund Earl Richard's Brother with several immunities by whom also the Stannary-Laws were fram'd and confirm'd with his own Seal laying a certain impost upon the tinn payable to the Earls of Cornwall The Polity of the Tinners These Liberties Privileges and d They are recited in Plowden's Commentaries p. 327. Laws were afterwards confirm'd and enlarg'd by Edward 3. who divided the whole society of Tinners that were as it were one body into four parts or quarters call'd from the places Foy-more Black-more Trewarnaile and Penwith He constituted one general Warden or Overseer over all the rest 8 Called Lord Warden of the Stannaries of Stannum that is tinn who is to do justice both in causes of Law and Equity and to set over every company each their Sub-warden who should 9 Every three weeks every month within their respective jurisdiction determine controversies 10 In causes personal between tinner and tinner and between tinner and foreigner except in causes of Land Life or Member and such Sentences from the Stannum or tinn are call'd Stannary-Judgments but from these an Appeal is sometimes made to the Lord Warden himself 11 From him to the Duke from the Duke to the King In matters of moment there are by the Warden general Parliaments or several Assemblies summon'd whereunto Jurats are sent out of every Stannary whose Constitutions do bind them As for those that deal with tinn they are of four sorts the owners of the Soil the Adventurers the Merchants or Regraters and the Labourers call'd the Spadiards of their Spade who poor men are pitifully out-eaten by usurious Contracts But the Kings of England and Dukes of Cornwall in their times have reserv'd to themselves a Praeemption of tinn by the opinion of the learned in the Law as well in regard of the Propriety as being chief Lords and Proprietaries as of their Royal Prerogative And lest the tribute should not be duly paid to the prejudice of the Dukes of Cornwall who according to ancient custom for every thousand pound of tinn are to have 40 shillings it is provided that whatever tinn is made shall be carried to one of the four towns appointed for that purpose where twice every year it shall be weigh'd stamp'd 12 They call it Coynage and the impost paid and before that no man may sell it or convey it away 13 Under forfeiture of their tinn without being liable to a severe fine Nor is Tinn the only Mineral found here but there is likewise gold Cornish Diamonds silver and diamonds naturally cut into angles and polish'd some whereof are altogether as big as a walnut and only inferior to those in the East in blackness and hardness c Sea-holme Sea-holme is found in great plenty upon the coasts and all manner of grain tho' not without great industry in the husbandman is produced in such plenty that it does not only supply their own necessary uses but Spain also yearly with vast quantities of corn They make likewise a gainful trade of those little fishes they call Pylchards Pylchards which are seen upon the sea-coast as it were in great swarms from July to November these they catch garbage salt smoak barrel press and so send them in great numbers to France Spain and Italy where they are a welcome commodity Fumados perhaps Pliny's Gerres and are named Fumados Upon which Michael a Cornish-man by much the most eminent Poët of his age writing against Henry of Auranches Poet-Laureat to King Henry 3. who had play'd upon the Cornish-men as the fagg-end of the world in defence of his country has these verses which I shall here set down for your diversion Non opus est ut opes numerem quibus est opulenta Et per quas inopes sustentat non ope lenta Piscibus stano nusquam tam fertilis ora 'T were needless to recount their wondrous store Vast wealth and fair provisions for the poor In fish and tinn they know no rival shore Nor is Cornwall more happy in the soil than it's inhabitants who as they are extremely well bred and ever have been so even in those more ancient times for as Diodorus Siculus observes by conversation with merchants trading thither for tinn they became more courteous to strangers so are they lusty stout and tall their limbs are well set 〈…〉 and at wrastling not to mention that manly exercise of hurling the Ball they are so eminent that they go beyond other parts both in art and a firmness of body requir'd to it And the foremention'd Poet e Michael Blaunpinus Cornubiensis look'd upon as a most excellent Poët in his time and flourish'd in the year 1250. Bal. Cent. 4. N. 10. Wood Antiq. Oxon. pag. 85. Michael after a long harangue made upon his country-men telling us in his jingling verse how Arthur always set them in the front of the battel at last boldly concludes Quid nos deterret si firmiter in pede stemus Fraus ni nos superet nihil est quod non superemus What can e'er fright us if we stand our ground If fraud confound us not we 'll all confound And this perhaps may have given occasion to that tradition of Giants formerly inhabiting those parts For Hauvillan a Poët who liv'd four hundred years ago describing certain British Giants has these verses concerning Britain Titanibus illa 〈…〉 Sed paucis famulosa domus quibus uda ferarum Terga dabant vestes cruor haustus pocula trunci Antra Lares Dumeta thoros coenacula rupes Praeda cibes raptus Venerem spectacula caedes Imperium vires animos furor impetus arma Mortem pugna sepulchra rubus monstrisque gemebat Monticolis tellus sed eorum plurima tractus Pars erat occidui terror majórque premebat Te furor extremum Zephyri Cornubia limen Of Titan's monstrous race Only some few disturb'd that happy place Raw hides they wore for cloaths their drink was blood Rocks were their dining-rooms their prey their food Their cup some hollow trunk their be a grove Murder their sport and rapes their only love Their courage frenzy strength their sole command Their arms what fury offer'd to their hand And when at last in brutish fight they dy'd Some spatious thicket a vast grave supply'd With such vile monsters was the land opprest But most the farther regions of the West Of them thou Cornwall too wast plagu'd above the rest But whether this firmness of constitution which consists of a due temperature of heat and moisture be caused in the Danmonii by those fruitful breezes of the West-wind and their westerly situation 〈…〉 as we see in Germany the Batavi in France the Aquitani and Rutheni which lye farthest toward the West are most lusty or rather to some peculiar
Elbe with shame disown The painted Crosses on their mantles shown These glories now are all eclips'd by one One honour vies with all thy old renown When on thy courts and on my bank we see Elizabeth then Thames with bended knee Stoops low to pay obeysance to her name And thus goes on pleas'd with his mighty theme Elizabeth whom we with wonder stile The Queen the Saint the Goddess of our Isle Whose praise should I endeavour to rehearse Within the narrow bounds of feeble verse As soon huge Athos might on Atlas stand Rais'd by my strength as soon my weary hand Might count the endless globules of my sand If any grace on purpose I 'd conceal What I pass by will prove the greatest still If her past deeds inspire my joyful tongue Her present actions stop th' imperfect song Should her strict justice fill my rising thought Her mercy comes between and drives it out Or was my subject her triumphant Arms Alas more trophies grace her conqu'ring charms That virtues flourish and the peaceful gown That all to laws are subject laws to none That Scotland hath refus'd the Gallick yoak And Ireland all her savage arts forsook That Ulster's sons at last reform'd appear To her they owe the fame belongs to her Virtues that single make us thro'ly blest United all adorn her princely breast To heaven her Godlike mind Religion bears Justice to profit honesty preferrs Deliberate prudence cautious thoughts inspires And temp'rance guides her innocent desires Her settled constancy's unshaken frame Deserves the noble motto STILL THE SAME But ah my numbers all are spent in vain And grasp at that they never can contain Should some wild fancy all th' encomiums joyn That worth could e're deserve or poët feign The panegyrick would be still too mean O may her years increase with her renown May constant joys attend her peaceful Crown While I my streams or banks can call my own And when she dies if Goddesses can die May I straight fail and be for ever dry The rest of Barkshire Windâ—â— Forâ—â—t that is southward from Windsor and is shadow'd with woods and groves is commonly call'd Windsor-Forest and is but thinly planted with villages of which Okingham is the most noted for it's bigness and cloathing trade but is well stock'd every where with game Now since we have often already A Forest â—hat it is â—nd whence â—o called and shall hereafter speak of Forests if you have a desire seriously to know what a Forest is and whence the name comes take it here out of the Black Book of the Exchequer A Forest is a safe harbour for beasts not every sort but for such as are wild not in every place but in some certain places fit for the purpose whence it is call'd Foresta quasi Feresta that is Ferarum statio And it is incredible how much ground the Kings of England have suffer'd every where to lie wast and have set apart for the shutting up of Deer or as our writers term it have afforested Neither can I believe that any thing else was the cause Or for â—â—ding the â—â—rt in â—â—â—son but too great delight in * hunting tho' some attribute it to want of people for since the Danish times they have continually afforested more and more places and for their preservation have imposed very strict laws and appointed a Chief-Ranger or Forester Chief-ranâ—er who is to take cognizance of all causes relating to the Forests and may punish with loss of life or limb any one that shall kill the Deer in any Chase or Forest But Joannes Sarisburiensis shall briefly relate these things in his own words out of his Polycraticon That which will make you more admire to lay gins for birds to lay snares to allure them with springs or pipe or to entrap them any manner of way is by proclamation often made a crime punishable with forfeiture of goods or loss of limb and life You have heard that the fowls of the air and fishes of the sea are common But these are the King 's and are claimed by the Forest-Law where e're they fly With-hold thine hand and forbear lest thou fall into the Huntsman's hands and be punish'd for Treason The Husbandmen are debarr'd their Fallows whilst the Deer have liberty to stray abroad and that their feedings may be enlarg'd the Farmer is cut short of the use of his own grounds What is sown or planted they keep from the Countryman pasturage from the Graziers and throw the Bee-hives out of the Flowry Plots nay even the Bees themselves are scarce suffer'd to use their natural liberty Which courses seeming too inhumane have often been the occasion of great troubles till by the Barons revolt the Charta de Foresta was extorted from Henry 3. wherein having abrogated those rigorous laws he granted others more equitable to which those that live within the limits of the Forests are at this day bound to be conformable Afterwards Justices in Eyre two Justices were appointed for these causes whereof one presides over all the Forests on this side the river Trent the other over those beyond it as far as Scotland with great authority Throughout all this County as we find in the Survey-book of England The Taine or King's Knight holding of him as Lord whensoever he died left to the King for a Relief all his Armour one Horse with a Saddle and another without a Saddle And if he had either Hounds or Hawks they were tendred to the King that if he pleas'd he might take them When Geld was given in K. †The Confessor Edward's time throughout all Barkshire an hide yielded 3 d. ob before Christmas and as much at Whitsuntide Thus much of Barkshire which as yet has given no person the title of Earl There are in this County 140 Parishes The Countries we have been travelling over that is those of the Danmonii Durotriges Belgae and Attrebatii while the Saxons had the Sovereignty here in Britain fell to the Kingdom of the West-Saxons which they in their language call'd k West-Seaxna-ric is the true Saxon name Weast-Seaxan-ric as they did themselves Geguysis from Cerdic's grandfather who first enrich'd this Kingdom whence some call them Geuissi and others Visi-Saxones from their western situation as the Western Goths are nam'd Visi-Gothi These at length when the English Empire was grown to maturity reduc'd the Saxon Heptarchy into a Monarchy which nevertheless afterwards thro' the laziness of their Kings quickly grew as it were decrepit and easily vanish'd So that herein we daily see it confirm'd that the race of the most valiant and noblest Families as the Shoots of Plants have their first sprouting up their time of flowring and maturity and in the end fade and die by little and little ADDITIONS to BARKSHIRE â—â—e name Barkâ—â— a WHAT the original of this County's name may be is much harder to determine than to show that those which are commonly produc'd
springeth out of a pond vulgarly call'd Brown's-well for Brent-well that is in old English Frog-well passeth down between Hendon which Archbishop Dunstan born for the advancement of Monks purchased for some few gold Bizantines which were imperial pieces of gold coined at Byzantium or Constantinople and gave to the Monks of St. Peter of Westminster And Hampsted-hill from whence you have a most pleasant prospect to the most beautiful City of London and the lovely Country about it Over which the ancient Roman military way led to Verulam or St. Albans by Edgworth and not by High-gate as now which new way was opened by the Bishops of London about some 300 years since But to return Brent into whom all the small rivers of these parts resort runneth on by Brent-street an Hamlet to which it imparted its name watreth Hangerwood Hanwell Oiâ—terley-Park where Sir Thomas Gresham built a fair large house and so near her fall into the Thames giveth name to Brentford a fair thorough-fare and frequent Market Hard by is Brentford Brentford which receiv'd that name from the little river Brent where Edmund Ironside after he had oblig'd the Danes to draw off from the siege of London did so attack them as to force 'em to a disorderly flight wherein he kill'd great numbers of them From Stanes thus far all between the high-road along Hounslow and the Thames was call'd the Forrest or Warren of Stanes till Henry 3. as we read in his Charter deforrested and dewarren'd it Then 8 To the Thames side I saw Fulham Fulham in Saxon Fullonham i.e. a house of fowle which receives its greatest honour from the Bishop of London's Country-house 9 Standing there conveniently not far from the City albeit not so healthfully f And Chelsey Chelsey as if one should say Shelfsey so call'd from a bed of Sands in the river Thames 10 As some suppose but in Records 't is nam'd Chelche-hith adorn'd with stately buildings by Henry 8. William Powlett Marquess of Winchester and others g But amongst these London which is as it were the Epitome of all Britain the Seat of the British Empire and the †Camera Residence of the Kings of England is to use the Poet's comparison as much above the rest as the Cypress is above the little sprig Tacitus Ptolemy and Antoninus call it Londinium and Longidinium Ammianus Lundinum and Augusta Stephanus in his book of Cities 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 our British Lundayn the old Saxons Londen-ceaster Londen-byrig Londen-pyc foreigners Londra and Londres our own nation London London the fabulous Writers Troja Nova Dinas Belin i.e. the city of Belin and Caer Lud from one King Luddus whom they affirm to have given it both being and name But as for those new-broach'd names and originals as also Erasmus's conjecture that it came from Lindum a city of Rhodes I leave 'em to those that are inclin'd to admire them For my own part since Caesar and Strabo have told me British Towns that the ancient Britains call'd such woods or groves as they fenc'd with trees they had cut down Cities or Towns and since I have been inform'd that in British they call such places Llhwn I am almost of this opinion that London is by way of eminence simply call'd a City or a City in a wood But if that do not hit give me leave without the charge of inconstancy 11 While I disport in conjecture to guess once more that it might have it's name from the same original that it had it's growth and glory I mean Ships call'd by the British Lhong so that London is as much as a Harbour or City of Ships For the Britains term a City Dinas Dinas which the Latins turn'd into Dinum Upon which account it is call'd in one place Longidinium and in a * Naenia Song of an ancient British Bard Lhongporth i.e. a port or harbour for Ships And by the same word Bologne in France in Ptolemy Gessoriacum Navale is turn'd by the British Glossary Bolung Long. For several cities have had their names from shipping as Naupactus Naustathmos Nauplia Navalia Augusti c. None of which can lay better claim to the name of an harbour than our London For 't is admirably accommodated with both Elements standing in a fruitful soil abounding with every thing seated upon a gentle ascent and upon the river Thames which without trouble or difficulty brings it in the riches of the world For by the convenience of the tide coming in at set hours with the safety and depth of the river which brings up the largest vessels it daily heaps in so much wealth both from East and West that it may at this day dispute the preheminence with all the Mart-towns in Christendom Moreover it is such a sure and complete station for ships that one may term it a grov'd wood so shaded is it with masts and sails h Antiquity has told us nothing of the first Founder as indeed Cities growing up by little and little but seldom know their original Notwithstanding this among others has fabulously deriv'd it self from the Trojans and is persuaded that Brute ‖ Abnepos second Nephew to the famous Aeneas was it's Founder But whoever built it the growth of it may convince 't was begun with a †Vitali genio lucky omen 12 Marked for life and long continuance and Ammianus Marcellinus has taught us to pay it a veneration upon account of it's Antiquity when even in his time which is twelve hundred years ago he calls it an ancient town And agreeably Cornelius Tacitus who flourish'd under Nero 13 1540. years since has told us that then 't was a place exceeding famous for the number of merchants and it's trade Even then nothing was wanting to complete it's glory but that it was not either a ‖ Municipium Free-borough or a Colony Nor indeed would it have been the interest of the Romans that a City of such vast trade should enjoy the privileges of a Colony or Free-borough for which reason I fancy they made it a Praefecture Praefecturae for so they call'd the towns wherein there were * Nundinae Fairs and Courts kept Not that they had Magistrates of their own but had Praefects sent them yearly to do justice who were to act in all publick affairs such as taxes tributes imposts †Militiae the business of the army c. according to the Instructions of the Roman Senate Upon which account it is that London is only term'd Opidum a town by Tacitus by the Panegyrist and by Marcellinus But altho' it had not a more honourable title yet it has been as powerful wealthy and prosperous as any and that almost without interruption under the Roman Saxon and Norman Governments scarce ever falling under any great calamity i In Nero's reign when the Britains under the conduct of Boadicia had unanimously resolv'd
fish are vended At which time the Cinque-Ports by an old custom appoint so many Bailiffs Commissioners to send hither who to speak out of their Diploma or Commission along with the Magistrates of the Town during the free Fair hold a Court for matters belonging to the Fair execute the King's justice and keep the King's peace The harbour underneath is of great advantage not only to the inhabitants but those of Norwich also and 't is an infinite charge they are at to keep it open against the violence of the Sea Which to do justice and make amends for what it has swallow'd up on this coast has here heap'd up Sands into a little Island k At this Mouth also another river call'd by some Thyrn Thyrn river empties it self along with the Yare It rises near Holt so call'd from the wood and noted for its market and running all along as it were perpendicularly with the Yare at about five miles distance goes by Blickling Blickling f Sir Edward Cleere sold it to Sir Henry Hobart Attorney General and Lord Chief Justice of the Common Pleas in the time of King James 1. whose great grandson Sir Henry Hobart Knight and Baronet now enjoys it now the seat of the ancient and famous family of Clere who liv'd formerly at Ormesby l and by Ailesham Ailesham a pretty populous market-town where formerly the Earl of Athol in Scotland was possess'd of Lands 15 Nor far from Worsted where as I read the Stuff Worsted in so great request among our Ancestors was first made and hence so nam'd as Dornicks Cameric Calecut c. had in like manner their denomination from the places where they were first invented and made then by the ruinous Monastery of Sr. Benedict de Hulmo commonly S. Benet S. Benets in the Holme i.e. in a river Island built by Canute the Dane and afterwards so fortify'd by the Monks with strong walls and bulwarks that it lookt more like a Castle than a Cloyster So that William the Conquerour could not possibly take it till a Monk betray'd it upon condition he should be made Abbot which he accordingly was But presently the new Abbot as the story goes among the inhabitants was by the King 's special order hang d for a Traitor and so was punisht answerably to his treachery The ground in this Island is so fenny that if you only cut the * Fibrae little strings and roots of the trees and shrubs that grow in it it swims upon the water and you may draw it after you whither you please And some conclude from the Cockles now and then dug up there that once the Sea broke in so far From hence the river glides on by Ludham Ludham a seat of the Bishops of Norwich then by Clipsby Clipsby which gave name to an ancient and eminent family in these parts and so presently joyns the Yare m From the Yare's mouth the shore runs in a manner directly northward to Winterton a little Promontory of note among the Sea-men which I fancy had that name given it from the winterly situation For it lyes open to the Sea that Parent of winds and cold which rushes violently against the banks rais'd on purpose to oppose it And yet the neighbouring fields all round are lookt upon by several to be the fattest and loosest in all England A soil very fat as requiring the least labour and bringing the largest increase For as Pliny says of Bizacium in Africa it may be plow'd with a horse of any sort and an old woman drawing against him From Winterton the shore presently turns westward giving back for a long way together and in a level without any considerable juttings out into the Sea as far as Eccles swallow'd up by the Ocean Then runs on though with a higher shore by Bronholme formerly a small Monastery endow'd by the Glanvils seated upon a high hill the Cross whereof was by our Ancestors had in mighty veneration 16 Next is Paston a small Townlet which yet hath given sirname to a family grown great both in estate and alliance since they match'd with the heiress of Beary and Maultbye So Holland The right name is Barry for Sir William Paston the Judge marry'd Agnes daughter and coheir of Sir Edward Barry Knight And not far from Gimmingham Gimmingham which among other manours J. Earl of Warren and Surrey formerly gave to Thomas Earl of Lancaster n So along by Cromer where the Inhabitants at great expence endeavour'd to maintain a †Cothonem little harbour against the violence of the Sea but all in vain it runs to Wauburnehope a creek not long since fortify'd so call'd from the little town of Wauburne Wauburne to which King Edward the second granted a Market and Fair at the instance of Oliver de Bourdeaux Next to this is Clay and over against it on the other bank of the little river Blakeney Blackney call'd by our Countryman Bale Nigeria a famous College of Carmelite Friers in the last age built by 17 Sir Robert Robert de Roos 18 Sir Robert Robert Bacon and J. Brett It bred John Baconthorp John Baconthorp nam'd from the place of his birth now the seat of the Heydons Knights a man in that age of so universal and so profound Learning that he was highly admir'd by the Italians and went commonly by the name of the Resolute Doctor Doctor Resolutus Whereupon Paulus Pansa writes thus of him If your inclinations lead you to search into the nature of Almighty God no one has writ more accurately upon his Essence If one has a mind to search into the causes of things the effects of nature the various motions of the heavens and the contrary qualities of the elements here he 's presented with a Magazine This one Resolute Doctor has furnisht the Christian Religion with armour against the Jews stronger than any of Vulcan's c. From Wauburne to the little Promontory of S. Edmund the coast lyes lower cut and parted by many rivulets and secur'd against the incursion of the Sea with Sand-heaps call'd g They are so call'd says Spelman from the Swedish and German mul signifying dust Meales Meales or Mieles not without great difficulty Scarce four miles more inward is Walsingham Walsingham which from the nearness of the Sea Erasmus calls Parathalassa This little town is noted at present for producing the best Saffron but was lately famous through England for Pilgrimages to the Virgin Mary For in the last age whoever had not made a visit and a present to the Blessed Virgin of this place was lookt upon as impious and irreligious But take the description of it from Erasmus who was an eye-witness Not far from the sea at almost four miles distance there is a village in a manner entirely maintain'd by the great resort of Travellers There is a College of Canons call'd by the
sea-coast entire More inward upon the west-side of the County there are also several towns but because they are but of late standing I will just only touch upon them Near Linne is Rising-Castle Rising seated on a high hill and vying with that at Norwich It was formerly the seat of the Albinies afterwards of Robert de Mont-hault by marriage with the sister and coheir of Hugh de Albiney Earl of Arundel and lastly of the Mowbrays descended as I have been told from the same stock with the Albinies But now it is ruinated and as it were expiring for age z Below is Castle-acre Castle-acre where formerly the Earls of Warren dwelt in a Castle now ruinous that stood upon a little river aa The river is anonymous rising not far from Godwicke Godwick a lucky name where is a small seat but made great by the ornament it receives from the famous Sir Edward Cooke Knight a person of admirable parts than whom as no one ever apply'd himself closer to the study of the Common-Law so never any understood it better Whereof he convinc'd England by his discreet management for many years together whilst Attorney-General and still does by executing the office of Lord Chief Justice of the Common-Pleas with the greatest prudence Nor has he given less proof of his abilities in his Commentaries upon our Laws whereby he has highly oblig'd both his own Age and Posterity This little river glides on gently westward to Linne by Neirford Neirford which gave name to the famous family of Neirfords and by Neirborrough where near the seat of the Spilmans Knights there is a strong and ancient military entrenchment upon a high hill very conveniently seated for the defence of the neighbouring field bb Next Penteney is plac'd upon the same rivulet which was formerly a common burying-place for the Nobility of those parts Neighbour to this is Wormegay Wormegay commonly Wrongey which Reginald de Warren brother of William de Warren second Earl of Surrey had with his wife of whom as I have read the said Earl had the donation or Maritage as they worded it in that age By his grand-daughter by a son it presently went to the Bardolphs â—arâ—ns â—â—â—dâ—â—ph noble and honourable Barons who flourish'd for a long time and bore three Cinque-foils Or in a field azure A great part of their estate along with the title came to 19 Sir William William Phellips and by his daughter to the Viscount Beaumont More to the east we see Swaffham â—â—affham a famous market-town formerly the possession of the Earl of Richmond Ashele-manour â—â—heâ—e in right whereof the Hastings and the Greys Lords of Ruthun â—â—n prâ—câ—â—â—â—◠‖ had formerly the oversight of the Table cloaths and Napkins made use of at the Coronation of the Kings of England â—â—â—â—e de â—â—â—â—aâ—yre North-Elmham where the Bishops had their seat for some time when this Diocese was divided into two cc Dereham Dâ—â—eham where was bury'd Withburga daughter of King Anna who divorcing her self entirely from all luxury and levity and being a Virgin of great sanctity was by our Ancestors canoniz'd a Saint dd Next to this is Gressenhall â—reâ—â—enhall with its neighbour Elsing both the possessions formerly of the Folliots â—oâ—â—ot persons of great honour in their time By the daughter of Richard Folliot they came to 20 Sir Hugh Hugh de Hastings of the family of Abergeuenny and at length by the daughters and heirs of Hugh Hasting the last Gressenhal came to 21 Sir Hamon Hamon le Strange of Hunstanston and Elsing â—â—â—ing to William Brown brother of 22 Sir Anthony Anthony Brown first Viscount Montacute In this Quarter also is Iâ—-borough â—â—hborough which Talbot takes to be the Iciani mention'd by Antoninus 〈◊〉 Nor need I say any more about these matters I have now nothing to do but to reckon up the Earls and Dukes of Norfolk and so go on to Cambridgeshire ee â—â—â—â—s and â—â—kes of â—â—rfâ—â—k William the Conquerour set one Ralph over the Country of the East-Angles that is the Counties of Norfolk Suffolk and Cambridgeshire But he was quickly depriv'd as I observ'd before for endeavouring innovations in the State Some years after in the reign of K. Stephen Hugh Bigod was Earl of Norfolk For when a Peace was concluded between Stephen and Henry of Anjou afterwards Henry 2. it was expresly provided that William son of Stephen â—â—â—eement â—â—â—ween K. â—â—â—pâ—en and â—â—â—y D. of â—â—pe should have the whole County of Norfolk except among other things the third penny of which Hugo Bigod was Earl Whom notwithstanding King Hen. 2. afterwards made Earl of the third penny of Norfolk and Norwic. A Monâ—â—s In the 27th of Henry 2. upon his death his son Roger succeeded him who for I know not what reason procur'd a new Creation-Charter of Rich. 1. Roger was succeeded by his son Hugh who marry'd Mawd eldest daughter and coheir of William Marshal Earl of Pembroke By her he had Roger Earl of Norfolk and Marshal of England Luxatis â—â—poris arâ—â—lis who * wresting and straining his joynts in a Tournament dy'd without issue and Hugh Bigod Lord Chief Justice of England slain in the battel of Lewes whose son Roger succeeded his Uncle in the dignity of Earl of Norfolk and Marshal of England But when his insolent and stubborn behaviour had thrown him under the displeasure of Edw. 1. he was forc'd to pass over his honours and almost his whole estate to the King for the use of Thomas de Brotherton the King's son by Margaret sister to Philip the Fair King of France For so a History has told us out of the Library of St. Augustin's in Canterbury In the year 1301. Roger Bigod Earl of Norfolk made King Edward his heir and deliver'd up to him the Marshal's rod upon this condition That if his wife bore him any children all should be return'd and he should hold it peaceably without any contradiction on the King's part And the King gave him a thousand pound in money and a thousand †Librataâ— pound in lands for life along with the Titles of Marshal and Earl But he dying without issue King Edw. 2. by virtue of the surrender above-mention'd honour'd his brother Thomas Brotherton with the titles of Marshal and Earl of Norfolk But his daughter Margaret Parl. 21. Rich. 2. call'd Lady Marshal and Countess of Norfolk and marry'd to John Lord Segrave was created Dutchess of Norfolk for life by K. Rich. 2. who at the same time created Thomas Mowbray Earl of Nottingham and grandchild to Margaret by a daughter first Duke of Norfolk to him and his heirs males having before granted him the dignity and stile of Earl Marshal of England 23 This is he that before the King was challeng'd and accus'd by Henry of Lancaster Duke of Hereford This is he who accus'd Henry of
Baron to John Beauchamp Steward of the Houshold to Richard the second who by his Letters Patents created him Baron Beauchamp of Kidderminster Baron Beauchamp 〈◊〉 Kâ—dderâ—â—â—r Soon after this he with many other eminent persons in defiance of that King was condemned and beheaded by the Barons who making an Insurrection with the Commons in contempt of the King's Authority call'd all his prime Favourites to account for male-administration Hence Severn taking somewhat an oblique course salutes Hertlebury Hertlebury a Castle of the Bishops of Worcester 〈◊〉 in old â—â—glish â—â—â—ds or â—â—â—cts not far distant and so goes on to Holt which hath that name from the thick Woods a castle anciently belonging to the Abtots and since to the Beauchamps who springing from William Beauchamp sirnam'd the blind Baron grew up into a very honourable family whose estate after some time by heirs-female came to the Guises and Penistones e In its passage downward Severn feeds such a number of River-Lampreys Lampreys that Nature seems to have made a pond for them in this place such as the Romans anciently invented in the height of their Luxury Lampreys have their name from the Latin Lampetra from licking the rocks they are like Eels slippery and of a dark colour only somewhat blueish on the belly on each side the throat they have seven holes at which they receive water having no gills at all They are best in season in the Spring as being then of a most delicious taste whereas in the Summer the string within them which doth the office of a back-bone groweth hard The Italians do much improve the delicacy of their taste by a particular way of dressing them First they kill the fish in * Vino Cretico Malvesey and stop the mouth with a nutmeg and reach hole with a clove then rolling them up round they add the kernels of filbirds stamp'd crums of bread oil Malvesey and Spices stewing them all together carefully in a pan over a moderate fire for some little time But to instruct Cooks and Epicures is no business of mine Below Holt Severn opens its Eastern bank to receive the river Salwarp 3 This hath its first veins out of the Lickey-hill most eminent in the North-part of this Shire near unto which at Frankley the family of the Littletons were planted by †John Littleton alias Westcote the famous Lawyer Justice in the King's Bench in the time of King Edw. 4. to whose Treatise of Tenures the Students of our Common Law are no less beholden than the Civilians to Justinian's Institutes Hol. which rising in the North-part of the County runs by Brome's-grave Bromes-grave a very considerable market-town not far from Grafton Grafton a seat of the renowned family of the Talbots which King Henry the seventh gave to Gilbert Talbot a younger son of John the second Earl of Shrewsbury whom for his bravery in war and his extraordinary wisdom he also made Knight of the Garter and Governour of Calice in France f From Brome's-grave Salwarp proceeds to Droitwich Durtwich Durtwich some call it from the Brine-pits and its wet situation as Hyetus in Boeotia from its dirty soil g Here rise three Springs Salt-springs by natures particular bounty yielding plenty of Brine h they are separated by a brook of fresh water which runs between them And out of them is made the purest and whitest kind of Salt for six months in the year that is from the Summer to the Winter Solstice It is prepared in little boiling houses built about the pits What a prodigious quantity of wood these Salt-works consume though men be silent yet Feckenham Forest Feckenham Forest once very thick with trees and the neighbouring woods will by their thinness declare daily more and more If I should say that Richard de la Wich Richard de la Wich Bishop of Chichester who was born here did by his prayers obtain these Salt-springs I am afraid some would censure me as very injurious to the Divine Providence and over-credulous of old wives fables Nevertheless so great was the pious credulity of our Ancestors that they did not only believe it firmly themselves and transmit it in writing to us but also upon that account paid him honours in a manner divine when for his skill in the Canon-Law and sanctity of life he was solemnly canonized for a Saint by Urban the fourth Yet before this Richard was born Gervase of Tilbury wrote the following account of these Springs though not exactly true In the Diocese of Worcester there is a village not far from that city nam'd Wich where at the foot of a little hill there runs a stream of very sweet water On the bank hereof are certain pits few in number and of no great depth whose water is extreamly salt which boiled in pans condenseth into very white salt All the Country report that from Christmas to Midsummer there comes up very strong brine but all the rest of the year the water is somewhat fresh and unfit to make salt And which I think more wonderful when the water b Mr. Camden citing Gervase of Tilbury in the margin hath locus corruptus and by an asterisk directs to these words oportuni partem which I guess should be thus corrected oportuna parum not strong enough for making salt riseth it scarce ever runs over the pit at the season of its saltness the brine is not in the least weakned by the vicinity of the fresh river and yet it is not at all near the Sea Moreover in the King's Survey which we call Domesday-book In Wich there be eight fats of salt belonging to the King and to the Earl which every week of wealling yield on the Friday 16 i Bullions 4 Salwarp having now entertain'd a small brook descending from Chedesley where anciently the family of Foliot flourished as after at Longdon makes haste to Severne Not four miles lower Severn with a slow course as it were admiring passeth by Worcester Worcester the chief town of this Shire seated on its bank and really it deserveth admiration both for its Antiquity and Beauty For Antoninus mentions it by the name of Branonium and Ptolemy in whom by the transcriber's negligence it is misplaced by the name of Branogenium Branogenium whence the Britains or Welsh call it at this day Cair Vrangon and in the Catalogue of Ninnius it is Caer Guorangon and Caer Guorcon Afterwards the Saxons called it Weogare-ceaster Wegeorna-ceaster and Wire-ceaster perhaps from Wire a woody forest adjoyning In Latin it is Wigornia One of the first who mentions it by that name if I mistake not is Joseph of Exeter the most elegant Poet of that age whose book passeth under the name of Cornelius Nepos in these verses to Baldwin Archbishop of Canterbury In numerum jam crescit honor te tertia poscit Infula jam meminit Wigornia Cantia discit Romanus meditatur apex
Isabella and Delaley and other large Possessions which by the Outlawry of Richard Earl of Arundel were then forfeited to the Crown Richard himself was styl'd Princeps Cestriae Prince of Chester But this title was but of small duration no longer than till Henry the fourth repeal'd the Laws of the said Parliament for then it became a County Palatine again and retains that Prerogative to this day which is administred by a Chamberlain 11 Who hath all jurisdiction of a Chancellour within the said County Palatine a Judge Special 12 For matters in Common-Plees and Plees of the Crown to be heard and determin'd in the said County two Barons of the Exchequer three Serjeants at Law a Sheriff an Attorney an Escheator 13 And the Inhabitants of the said County for the enjoying of their Liberties were to pay at the change of every owner of the said Earldom a sum of money about 3000 marks by the name of a Mize as the County of Flint being a parcel thereof about 2000 marks if I have not been misinform'd c. We have now survey'd the Country of the Cornavii who together with the Coritani Dobuni and Catuellani made one entire Kingdom in the Saxon Heptarchy then called by them Myrcna-ric and Mearc-lond but render'd by the Latins Meâ—cia from a Saxon word Mearc which signifies limit for the other Kingdoms border'd upon this This was by far the largest Kingdom of them all begun by Crida the Saxon about the year 586. and enlarg'd on all hands by Penda and a littlâ— after under Peada converted to Christianity But after a duration of 250 years it was too late subjected to the Dominion of the West-Saxons when it had long endured all the outrage and misery that the Danish wars could inflict upon it This County has about 68 Parishes ADDITIONS to CHESHIRE AS the County of Chester exceeds most others in the antiquitâ— and Royalty of it's jurisdiction and multitude of it's ancient Gentry so the famous Colony settled in it under the Roman Government has render'd it very considerable for Antiquities Nor had that Subject wanted a due examination or the remains of Antiquity layn so long undiscover'd if most of it's Historians had not been led away with a chain of groundless stories and extravagant conjectures 'T is true Sir Peter Leicester has made due searches into the Records relating to this County especially to Bucklow-Hundred and reported them with great exactness and fidelity but the Roman affairs he has left so entirely untouch'd that 't is plain he either industriously declin'd them as foreign to his business or wanted experience to carry him through that part of history In like manner Sir John Doderidge a man of great learning in his Treatise concerning this County hath exactly stated the ancient and present revenues thereof but was not so diligent in his enquiries concerning the original of the County Palatine as might from a man of his Profession have been reasonably expected However his defect in this point is in a great measure supply'd by what the learned Mr. Harrington has left upon that subject a Gentleman by whose death Learning in general and particularly the Antiquities of this County which he had design'd to illustrate and improve have suffer'd very much a To begin then with Mr. Camden who first observes that this is a County Palatine County Palatine It may be worth our notice that it had this additional title upon the coming over of the Normans At first indeed William the Conquerour gave this Province to Gherbord a Nobleman of Flanders who had only the same title and power as the Officiary Earls amongst the Saxons had enjoy'd the inheritance the Earldom and grandeur of the Tenure being not yet settl'd Afterwards Hugh Lupus son of the Viscount of Auranches a Nephew of William the Conquerour by his sister receiv'd this Earldom from the Conquerour under the greatest and most honourable Tenure that ever was granted to a Subject Totum hunc dedit Comitatum tenendum sibi haeredibus suis ita liberè ad gladium sicut ipse Rex tenebat Angliae coronam The vast extent of the Powers convey'd in this Grant carry'd in them Palatine jurisdiction tho' it is certain that neither Hugh Lupus nor any of his successors were in the Grant it self or any ancient Records stil'd Comites Palatini As to the original of Palatinates in general it is clear that anciently in the decline of the Roman Empire the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the name imports were only officers of the Courts of Princes The term in process of time was restrain'd to those who had the final deteâ—mination of Causes under the King or Emperour And those that exercis d this sovereignty of jurisdiction in any Precinct or Province were call'd Comites Palatini and the place where the jurisdiction was us'd Palatinatus a Palatinate Instances of such personal offices in the Court we may still observe in the Palatine of Hungary and examples of such local authority we have in the Palatinates of the Rhine Durham and Lancaster Whether therefore the ancient Palatines were equal to the Praefecti Praetorio the Curopalatae the Grand Maistres in France or the ancient Chief Justices in England we need not dispute since it is clear that the Comites Palatini as all new-erected Officers titles retain'd many of the powers of the ancient but still had many characters of difference as well as some of resemblance By virtue of this Grant Chester enjoy'd all sovereign jurisdiction within its own precincts and that in so high a degree that the ancient Earls had Parliaments consisting of their own Barons and Tenants and were not oblig'd by the English Acts of Parliament These high and unaccountable jurisdictions were thought necessary upon the Marches and Borders of the Kingdom as investing the Governour of the Provinces with Dictatorial power and enabling them more effectually to subdue the common enemies of the Nation But when the same power that was formerly a good bar against Invaders grew formidable to the Kings themselves Henry 8. restrain'd the sovereignty of the Palatinates and made them not only subordinate to but dependent on the Crown of England And yet after that restraining Statute all Pleas of Lands and Tenements all Contracts arising within this County are and ought to be judicially heard and determin'd within this Shire and not elsewhere and if any determination be made out of it it is void and coram non judice except in cases of Error Foreign-Plea and Foreign Voucher And there is no other crime but Treason that can draw an inhabitant of this County to a Tryal elsewhere This jurisdiction tho' held now in other Counties was most anciently claim'd and enjoy'd by this County of Chester The Palatinate of Lancaster which was the Favourite-Province of the Kings of that House was erected under Edw. 1. and granted by him to Henry the first Duke of Lancaster and even in the Act of
by mediation of Enion ap Kadîvor a Nobleman who had married his daughter Robert Fitz-Haimon 〈…〉 a Norman son of Haimon Dentatus Earl of Corboil Who forthwith levied an Army of choice Souldiers and taking to his assistance twelve Knights as Adventurers in this Enterprize â— Eâ—â—gâ—â—t first gave RhÅ·s battel and slew him and afterwards being allur'd with the fertility of the Country which he had before conceiv'd sure hopes to be Lord of turning his Forces against Jestin himself for that he had not kept his Articles with Enion he soon deprived him of the Inheritance of his Ancestors and divided the Country amongst his Partners The barren Mountains he granted to Enion but the fertile Plains he divided amongst these twelve Associates whom he had called Peers and himself on that condition that they should hold their Land in Fee and Vassalage of him as their chief Lord to assist each other in common and that each of them should defend his station in his Castle of Caèrdiffe eâ—d ffe and attend him in his Court at the administration of Justice It may not perhaps be foreign to our purpose if we add their names out of a Book written on this subject either by Sir Edward Stradling or Sir Edward Maunsel for 't is ascribed to both of them both being very well skill'd in Genealogy and Antiquities William of London or de Londres Richard Granvil Pain Turbervil Oliver St. John Robert de St. Quintin Roger Bekeroul William Easterling so call'd for that he was descended from Germany whose Posterity were call'd Stradlings Gilbert Humfranvil Richard Siward John Flemming Peter Soore Reginald Sully The river Rhymny gliding from the Mountains makes the Eastern limit of this County whereby it is divided from Monmouthshire and in the British * Rhanna Remny signifies to divide In a Moorish bottom not far from this river where it runs through places scarce passable among the hills are seen the ruinous walls of Caer-phily-castle Caerphily-castle which has been of that vast magnitude and such an admirable structure that most affirm it to have been a Roman Garrison nor shall I deny it tho' I cannot yet discover by what name they call'd it However it should seem to have been re-edified in regard it has a Chapel built after the Christian manner as I was inform'd by the learned and judicious Mr. J. Sanford who took an accurate survey of it It was once the possession of the Clares Earls of Glocester but we find no mention of it in our Annals till the reign of Edward the second For at that time the Spensers having by underhand practices set the King and Queen and the Barons at difference we read that Hugolin Spenser was a long time besieged in this Castle but without success a Upon this river also but the place is uncertain Ninnius informs us that Faustus a pious godly son of Vortigern a most wicked father erected a stately Edifice Where with other devout men he daily pray'd unto God that he would not punish him for the sins of his father who committing most abominable Incest had begotten him on his own daughter and that his father might at last seriously repent and the Country be freed from the Saxon war A little lower Ptolemy places the mouth of Rhatostabius The mouth of Rhatostabius or Rhatostibius a maim'd word for the British Traeth Tâv which signifies the sandy Frith of the river Taf. For there the river Taf gliding from the Mountains falls into the Sea at Lan-daf Landaffe that is the Church on the river Taf a small place seated in a bottom but dignified with a Bishop's See in the Diocese whereof are 154 Parishes and adorn'd with a Cathedral consecrated to St. Teiliau Bishop thereof Hist Landavensis Which Church was then erected by the two Gallick Bishops Germanus and Lupus when they had suppress'd the Pelagian Heresie that prevail'd so much in Britain and Dubricius a most devout man they first preferr'd to the Bishoprick to whom Meurick a British Prince granted all the Lands between Taf and Eli. From hence Taf continues its course to Caerdiffe Caerdiffe in British Kaer DÅ·dh * Câ—rruptly I suppose for Caer DÅ·v a neat Town considering the Country and a commodius Haven fortified with Walls and a Castle by the Conquerour Fitz Haimon who made it both the Seat of War and a Court of Justice Where besides a standing Army of choice Souldiers the twelve Knights or Peers were obliged each of them to defend their several stations Notwithstanding which a few years after one Ivor Bâch a Britain who dwelt in the Mountains a man of small stature but of resolute courage marched hither with a band of Souldiers privately by night and seiz'd the Castle carrying away William Earl of Glocester Fitz-Haimon's grandson by the daughter together with his wife and son whom he detain d prisoners till he had receiv'd satisfaction for all injuries But how Robert Curthose Rob. Curthâ—se D of Normâ—ndy eldest son of William the Conquerour a man in Martial Prowess but too adventurous and fool-hardy was depâ—ived by his younger brothers of all hopes of succession to the Crown and bereft of both his eyes lived in this Castle till he became an old man may be seen in our English Historians Whereby we may also learn That to be born of the Blood-royal does not ensure us of either Liberty or Safety Scarce three miles from the mouth of the river Taf in the very winding of the shore there are two small but very pleasant Islands divided from each other and also from the main Land by a narrow Frith The hithermost is call'd Sully Sully so call'd perhaps from the Silures from a town opposite to it to which Robert de Sully whose share it was in the Division is thought to have given name tho' we might as well suppose he took his name from it The farthermost is call'd Barry from St. Baruch who lyes buried there who as he gave name to the place so the place afterwards gave sirname to its Proprietors For that noble family of Viscount Barry in Ireland is thence denominated In a maritim Rock of this Island saith Giraldus there is a narrow chink or chest A remarkable Cave to which if you put your ear you shall perceive such a noise as if Smiths were at work there For sometimes you hear the blowing of the bellows at other times the stroaks of the hammers also the grinding of tools the hissing noise of steel-gads of fire burning in furnaces c. These sounds I should suppose might be occasion'd by the repercussion of the Sea-waters into these chinks but that they are continued at low ebb when there 's no water at all as well as at the full tide b Nor was that place unlike to this which Clemens Alexandrinus mentions in the seventh Book of his Stromata Historians inform us that in the Isle of Britain there is a certain
duties and therefore 't is not strange that a Colony should be converted into a Municipium But to what purpose is this nicety For the difference between those two words is not always precisely observ'd in the History of the Caesars but sometimes both Colonia and Municipium promiscuously apply'd to one and the same place Yet from the Coins before-mention'd I dare hardly affirm this Colony to have been planted here by Severus seeing Ptolemy 13 And Antonine himself tells us that in the time of the Antonines this was the station of the sixth Legion However we read that Severus Severus had his Palace here and that he died in this city with these words in his mouth The Common-wealth was disorder'd in all parts when I receiv'd it yet I leave it all in peace and good temper even to the Britains His Corps were also brought out after the Roman manner by the Souldiers and committed to the flames and the day solemniz'd with races by his sons and souldiers at a certain place under the town not far to the west near Ackham where stands yet a huge mount which Radulphus Niger tells us was in his time call'd Sivers from Severus His ashes were preserv'd in a golden Urn or a vessel of Porphyrite-stone and transferr'd to Rome where it was laid in the monument of the Antonines I must not forget to take notice that there stood a Temple dedicated to Bellona in this City for Spartian speaking of the City says That Severus coming into it Bellona's Temple and intending to offer sacrifice was first conducted to the Temple of Bellona by a mistake of an ignorant Augur And that it was then so happy as to have justice administred to it by that great Oracle of the Law Aemilius Paulus Papinianus Forcatulus has told us From this City the Emperours Severus and Antoninus upon a question arising about the sense of the Law dated their Rescript de Rei Vindicatione About a hundred years after the death of Severus Constantius Chlorus Fla. Val. Constantius sirnam'd Chlorus an excellent Emperour endow'd with all moral and christian virtues came to this City as the Panegyrist has it the Gods calling him hither as to the remotest part of the world Here he died likewise and was afterwards deified as appears by the old Coins And tho' Florilegus tells us that his Tomb was found in Wales as I have already observ'd yet I have been inform'd by credible persons that at the suppression of Monasteries in the last age there was found a Lamp burning in the vault of a little Chapel here and Constantius was thought to be buried there Lazius tells us that the ancients had an art of dissolving gold into a fat liquor and of preparing it so that it would continue burning in the Sepulchres for many ages Constantine the Great Constantius by his first wife Helena had issue Constantinus Maximus in Inscriptions stiled Romanae Urbis Liberator Quietis fundator and Reipublicae instaurator who here received the last gasp of his dying father and was immediately made Emperour The Souldiers as the Panegyrist says regarding rather the benefit of the State than their own private interests cast the robes upon him whilst he wept and clapt spurs to his horse to avoid the importunity of the army attempting at that instant to make him Emperour but at last his modesty gave way to the happiness of the State And therefore he exclaims at last O fortunate Britain now blessed above all Nations for having seen Constantine first Emperour Again Liberavit ille Britannias servitute tu etiam nobiles illic oriendo fecisti i.e. He rescued the Britains from slavery but thou hast enobled them by being born there For in the judgment of the learned Baronius and others this passage refers to the native Country of Constantine But I will not here repeat what I have already said From all this it may be inferr'd what figure Eboracum then made in the world seeing it was the Seat of the Roman Emperours Our own Historians tell us pp This account is not too well grounded See Fuller's Churâ—h Hist A. D. 305. that it was made an Episcopal See by Constantius But that Taurinus the Martyr Bishop of the Eburovices or Eureux presided here I am not inclin'd with others Vincentii Speculum Historiale to believe for Vincentius by whom they were tainted with this errour would confute me with his own words When the Romans withdrew themselves and left Britain a prey to barbarous Nations such a weighty share of miseries fell to this City that towards the end of the Scotch and Saxon wars it was nothing but the mere fame and Echo of what it had been For when Paulinus preached Christianity to the Saxons of this Province it was reduced so low that the whole City could not afford so much as a small Church wherein to baptize King Edwin who in the year 627. rais'd a fabrick of wood for Divine Service and after that intending to build another of stone he had hardly laid the foundation but he died leaving the work to be finisht by his successor King Oswald From this time the City began to be great in Ecclesiastical affairs Pope Honorius sent it a Pall Scotland formerly subjeâ—â— to the Arch-bishop of York See in Scotland and it was made a Metropolitan City endowed with soveraignty not only over twelve Sees here in England but over all the Bishopricks of Scotland But Scotland hath disown'd her Prerogative many years since and she her self hath swallowed up several small inconsiderable Bishopricks hereabouts so that the whole Province is now reduc'd to the four Sees of Durham Chester Carlisle and Man or Sodor in the Isle of Man Egbert an Arch-bishop of this See who lived about the year 740. founded a noble Library The Library here these are the words of Malmsbury a Treasury and Cabinet if I may so express my self enrich'd with all Arts and Sciences Of which also Alcuinus of York who was Tutor to Charles the great the first Author of an Academy at Paris as also the great glory of this City makes mention of it in his Epistle to the said Charles the great Flâ—ccus Alcuinus or Albinus flourish'd about 780. Give me such excellent and learned Books for Scholastick Divinity as I have seen in my own Country collected by the useful and pious industry of Egbert Arch-bishop And if it seem proper to your Wisdom I will send some of your own servants who may copy out of them such things as be necessary and so transport the flowers of Britain into France that this garden may no longer be confined to York but somethirg of that Paradise may be transplanted to q Here Alcuinus dy'd A. D. 780. and was buried in a s all Convent appendant to his Monastery of St. Martin's where he was Abbot Fuller's Worth p. 227. from Bale who ranks him the third English man for learning Tours
increase is owing partly to Michael de la Pole who upon his advancement to the Earldom of Suffolk by King Richard the second procur'd them their privileges and partly to their trade of Iseland-fish dâ—y'd and harden'd term'd by them Stock-fish Stockfish which turns to great gain and has strangely enrich'd the Town Immediately upon this rise they fortify'd the place with a brick wall and many towers on that side where they are not defended by the river and brought in such a quantity of stones for ballast Coblestones as was sufficient to pave all parts of the Town As I have been inform'd by the Citizens they were first govern'd by a Warden then by Bailiffs after that by a Mayor and Bailiffs and at last they obtain'd from Henry the sixth that they should be govern'd by a Mayor and Sheriff and that the City should be a County incorporate of it self as the Lawyers term it Concerning the first Mayor of this City it may not be tedious to relate this passage from the Register of the Abbey de Melsa or de Meaux tho' the stile be barbarous William de la Pole De la Pole Kt. was first a Merchant at Ravens-rod skilful in the arts of trade and inferiour to no English Merchant whatsoever He afterwards living at Kingston upon Hull was the first Mayor of that Town and founded the Monastery of St. Michael which now belongs to the Carthusian Monks near the said Kingston His eldest son 4 Sir Michael Michael de la Pole Earl of Suffolk caused the said Monastery to be inhabited by that Order William de la Pole aforesaid lent King Edward many thousand pounds of gold during his abode at Antwerp in Brabant For this reason the King made him chief Baron of his Exchequer gave him by Deed the Seigniory of Holderness with many other Lands then belonging to the Crown and made him a Baneret If any one questions the truth of this C 5 E R 3. m 28. the Records of the Tower will I hope fully satisfie him there it is expresly William de la Pole dilectus valectus mercator noster Now Valectus Valectus or Valettus J. Tilius that I may observe it once for all was then an honourable title both in France and England but afterwards coming to be meanly apply'd to servants so that the Nobility disliked it the title was changed and he was call d Gentleman of the Bed chamber h From Hull a large promontory shoots out into the Sea call'd by Ptolemy Ocellum Ocellum by us at this day Holderness Holderness A certain Monk has call'd it Cava Deira that is to say the hollow Country of the Deiri in the same sence that Coelosyria is so call'd signifying hollow Syria i The first place a man comes at on this winding shore is Headon Headon which formerly if we 'll believe Fame that always magnifies Truth was a very considerable place by reason of merchants and shipping k For my part I have faith enough to believe it notwithstanding 't is now so diminish'd partly by reason of its being too near Hull and partly because the Haven is block'd up and useless that it has not the least shew of that grandeur it pretends to have had Which may teach us that the condition of Towns and Cities is every jot as unstable as the state and happiness of men King John granted to Baldwin Earl of Albemarle and Holderness and to his wife Hawis free Burgage here so that the Burgesses might hold in free burgage by the same customs with York and * Nâ—â—â— Lincoln Nichol. At present the Town begins to flourish again and has some hopes of attaining to its former greatness Somewhat farther in the same Promontory there stands an ancient Town call'd Praetorium Praeâ—â—â—â—â— by Antoninus but we now name it Patrington Patâ—â—â—gâ— as the Italians do Petrovina from the Town Praetorium That I am not mistaken here the distance from Delgovitia and the name still remaining do both shew which also does in some sort imply that this is the Petuaria which goes corruptly in Copies of Ptolemy for Praetorium But whether it took the name from the Praetorium which was their Court of Justice or from some large and stately edifice for such also the Romans call'd Praetoria does not appear l The Inhabitants do still boast of their antiquity and the former excellence of their Haven nor do they less glory in the pleasantness of the place having a very fine prospect on this side as it looks toward the Ocean and on that as it surveys the Humber and the shores about it together with the green skirts of Lincolnshire The Roman way from the Picts wall which Antoninus the Emperour first trac'd out ends here So Ulpian tells us that High-ways of that nature end at the Sea at a River or at a City Somewhat lower stands Winsted Wâ—nâ—â—d the Seat of the Hildeards Knights and a little higher Rosse is seated which gives name as it did heretofore a seat to that famous race of Barons de Rosse Baron 〈◊〉 Rosse and upon the sea Grimston-garth where the Grimstons long flourish'd From hence at no great distance stands Rise formerly the House of those Noblemen call'd de Faulconberge In the very tongue of this Promontory where it draws most towards a point and takes the name of Spurnhead Ratâ—â—â— and Râ—â—burg stands the little village Kellnsey which shews plainly that this is the Ocellum in Ptolemy for as Kellnsey Keâ—â—â—ey comes from Ocellum so without doubt this Ocellum is deriv'd from Y-kill which signifies in British a Promontory or a narrow slip of ground as I have already said m From Ocellum the shore gradually withdraws and with a small bending runs northward by Overthorne and Witherensey little Churches call'd from the sisters that built them Sisters-kirks Sisters-kirks and not much wide of Constable-Burton Conâ—â—â—â— so nam'd from the Lords of it who by marriages are ally'd to very honourable families and flourish in great splendour at this day Robert of this House as we find it in Meaux-Abbey-book was one of the Knights of the Earl of Albemarle who being old and full of days took upon him the Cross and went with King Richard to the Holy Land Then by Skipsey which Drugo the first Lord of Holderness fortify'd with a Castle Here the shore begins to shoot again into the Sea and makes that Bay call'd in Ptolemy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gabrantovicorum which some Latin Translators render Portuosus sinus others Salutaris Sinus Sâ—â—taris Neither of them express the sence of the Greek word better than that little town in the turn of it call'd Suerby Sueâ—â—y For that which is safe and free from danger is by the Britains and Gauls call'd Seur as we also do in English who probably derive it from the Britains There 's no reason therefore why we should
the said Anthony The name of the place is Lanchester which I once imagin'd to be the old Longovicum But to return to the Were which at last winds about into the east and running by Hilton a castle of the Hiltons Hilton-castle falls into the sea at Wiran-muth as Bede calls it but now Monks-were-mouth that is the mouth of the Were belonging to the Monks Of which William of Malmesbury writes thus The Were flowing into the Sea here kindly receives the ships that are brought in with a gentle wind upon each bank whereof Benedict Bishop Bishop Benedict built a Church l and likewâ—se in the same places founded Monasteries the one to Peter the other to Paul Whoever reads the life of this man will admire his industry in bringing hither great store of books and in being the first man that ever brought Masons and Glaziers into England Glaziers first in England Five miles higher the Tine also draws to its mouth which for some way as we have observ'd made the north-side of our triangle with the Derwent Upon the Derwent which rises near the * Apex angle of this triangle nothing is eminent unless it be Ebchester Ebchester as they now call it a small village so nam'd from Ebba S. Ebba descended from the blood-royal of the Northumbrians who flourish'd about the year 630. in so much repute and esteem for her sanctity that she was solemnly canoniz'd for a Saint and has many Churches dedicated to her in this Island which are commonly call'd St. Tabbs S. Tabbs for St. Ebbs. The first remarkable upon the Tine is Gateshead Gateshead in Saxon Gaetsheved and in the same sence by Historians Caprae caput i.e. Goats-head which is a kind of Suburbs to Newcastle upon the other side the Tine and was annexed to it by Edward the sixth when he had suppress'd the Bishoprick but Queen Mary soon after restor'd it to the Church This place is commonly believ'd to be of greater antiquity than Newcastle it self And if I should say farther that this and Newcastle for they seem formerly to have been only one Town parted by the river were that Frontier-garison which in the times of the later Emperours was call'd Gabrosentum Gâ—brosentum and defended by the second Cohort of the Thraces and that it retain'd its old name in a due sense and signification notwithstanding this Newcastle has chang'd its name once or twice I hope it would be no ways inconsistent with truth For Gaffr is us'd by the Britains for a Goat and Hen in composition for Pen which signifies a head and in this very sense and meaning it is plainly call'd Caprae caput or Goats-head by our old Latin Historians as Brundusium took its name from the head of a Stag in the language of the Messapii And I am apt to fancy that this name was given the place from some Inn or other that had set out the Goats-head for the sign just like the Cock in Africa The three Sisters in Spain and The Pear in Italy all of them mention'd by Antoninus which as some learned men think took their names from such signs As for our Historians they unanimously call it Caprae caput when they tell us that Walcher Bishop of Durham who was constituted Earl by William the Conquerour to govern the Northumbrians was slain in this place by the furious rabble for his severe and illegal proceedings Below this village almost upon the mouth of the Tine stands Girwy now Jarrow Jarrow Girwy where venerable Bede was born and where a little Monastery heretofore flourisht When and by whom it was founded may be learnt from this Inscription which is legible to this day in the Church-wall DEDICATIO BASILICAE S. PAVLI VIII KL MAII ANNO XVI ECFRIDI REG. CEOLFRIDI ABB. EIVSDEMQ ECCLES DEO AVCTORE CONDITORIS ANNO IIII. m Now the greater Churches 〈◊〉 when the saving light of the Gospel began to shine abroad in the world for it is not impertinent to note thus much were call'd Basilicae because the Basilicae of the Gentiles namely those stately buildings where the Magistrates held their Courts of Justice were converted to Churches by the Christians Whence Ausonius Basilica olim negotiis plena nunc votis i.e. The Basilica frequented for business heretofore but now for devotion Or else because they were built in an oblong form as the Basilicae were Here our Bede Bâ—de the great glory of England for his eminent piety and learning sirnam'd Venerable made it his business as he himself says to study the Scriptures and in the very worst times of barbarity writ many learned volumes Upon his death as William of Malmesbury says almost all knowledge of History down to our times went to the grave with him For whilst one still succeeded lazier than another all spirit of study and industry was quite extinct in the Island The Danes were so troublesome to this holy place that in the beginning of the Norman times when some had reviv'd the Monastick Order in these parts and Walcher the Bishop had assign'd them this place the walls says my Author stood without a roof and without any remains of their ancient splendour however covering them with rough unhewn wood they thatch'd them with straw and began to celebrate Divine Service n. It is not necessary that I here give an account of all the Bishops of Durham Bishâ—ps Durham who are reckon'd Counts Palatines It may suffice to observe in short that from the first foundation of this Bishoprick in the year 995. to our times there have presided thirty five Bishops in this See The most eminent of them are these four Hugh de Puteaco or Pudsey who for 1013 l. ready money purchas'd of Richard the first the Earldom of Northumberland for his own life and Sathbregia to hold to him and his Successors for ever and founded a very fine Hospital as was observ'd before Between him and the Archbishop there happen'd a most grievous out-fall See the Earls of Northâ—â—berland whilst as one words it the one would be superiour the other would not be inferiour and neither would do any good Next Anthony Bec Patriarch of Jerusalem who spent vast sums of money in extravagant buildings and glorious furniture Thomas Wolsey Cardinal who wanted nothing to compleat his happiness but moderation his story is well enough known And Cuthbert Tunstall who dy'd about the beginning of this age and for his knowledge in the best kinds of learning and a holy life 4 And great wisdom approv'd in domestical and foreign employments was without envy be it spoken * equal to them all and the great ornament of our Britain e Since the year 1607. wherein Mr. Camden publisht the last Edition of his Britannia there have been five Bishops of this See There are in this County and Northumberland 118. Parish Churches besides a great many Chapels ADDITIONS to the BISHOPRICK of DVRHAM
a THat the great opinion our Ancestors had of the Sanctity of St. Cuthbert was the occasion of their munificence to his Church our Histories informs us and 〈◊〉 is very evident from our Author But he seems to have given him more than ever was bestow'd when he tells us that King Egfrid gave him large Revenues in York For his Charter be it true or counterfeit mentions no such thing Simeon Dunelmensis indeed or rather Abbot Turgot tells us that Creac was given him by this King Ut haberet Eboracum iens vel inde rediens mansionem ubi requiescere posset But this only intimates that St. Cuthbert might have frequent occasions to travel to York probably to attend the Court which the Historian supposes to have been most commonly resident in that City b Nor can we properly say that Guthrun the Dane whom our Historians call also Guthredus Cuthredus Gormo and Gurmundus was Lieutenant to the great King Aelfred in the Kingdom of Northumberland any more than Aelfred was his Deputy in that of the West-Saxons For they two by compact divided the whole Kingdom betwixt them and joyntly enacted Laws which were to be mutually observ'd both by the English and Danes And hence some Monks have taken occasion to unite them falsly in granting Charters to Monasteries c. c What vast Privileges and Immunities this Church had by the Liberality of Princes we may learn in general from Mr. Camden but may have a more particular view by the help of some observations upon that Head extracted for me by Mr. Rudd Schoolmaster of Durham out of the posthumous Papers of Mr. Mickleton who had made large Collections in order to the Antiquities of this County It 's probable the Bishops were Counts Palatine before the Conquest it appears at least they were so in the Conquerour's time Their power was formerly very great till part of it was taken away by the Statute of Henry 8. It was a common saying that Quicquid Rex habet extra Comitatum Dunelmensem Episcopus habet intrà nisi aliqua sit concessio aut praescriptio in contrarium They had power to levy Taxes and make Truces with the Scots to raise defensible persons within the Bishoprick from 16 to 60 years of age They had power also to make Barons who as well as their vassals were bound to come to their Palace to advise them and to give them observance and obedience in their Courts And altho' the Canons forbid any Clergyman to be present when judgment of blood is given the Bishops of Durham did and may sit in Court in their Purple-robes in giving judgment of death Hence the saying Solum Dunelmense judicat stola ense They had a Mint and power to coyn money The Courts which in other places are held in the King's name were till the Statute of Henry 8. held here in the Bishop's till which time he could make Justices of Assizes of Oyer and Terminer and of the Peace and all Writs went out in his name All Recognizances entred upon his Close-Rolls in his Chancery and made to him or in his name were as valid within the County as those made to the King without He could exempt men from appearing at the Assizes and being Jurors He had a Register of Writs of as much authority as that in the King's Courts He hath yet his Court of Chancery Common-Pleas and County Court and Copyhold or Halmot Court A great part of the Land in the County is held of him as Lord Paramount in Capite All the Moors and Wastes in the County to which no other can make title belong to him which could not be enclos'd without his grant Neither could Freehold Lands be alienated without his leave they that did so were oblig'd to sue to him for his Patent of Pardon He pardon'd intrusions trespasses c. He had villains or bondmen whom he manumitted when he pleas'd The Lands Goods and Chattels of those that committed Treason are forfeited to the Bishop All forfeitures upon Outlawries or Felonies belong to him He could pardon Felonies Rapes Trespasses and other Misprisions He had the fruits of Tenures by Wardships Marriages Liveries Primier-seizins Ouster le mains c. He gave licence to build Chapels found Chantries and Hospitals made Burroughs and Incorporations Markets Fairs c. He created several Officers by Patent either quamdiu se bene gesserint quamdiu Episcopo placuerit or for life or lives viz. his Temporal Chancellor Constable of the Castle of Durham Great Chamberlain Under-Chamberlain Secretary Steward Treasurer and Comptroller of his Houshold Steward and Under-steward of the Manours or Halmot Courts Sheriff Protonotary Clerk of the Chancery Crown and Peace several Keepers of the Rolls belonging to their respective Offices Registers and Examiners in Chancery Clerk of the County Court Stewards of Burrough-Courts Escheators Feodaries Auditors and Under-Auditors Clerks of the Receipt of the Exchequer Supervisors of Lordships Castles Mines of Coal Lead and Iron Coroners Conservators of Rivers and Waters Officers of the Marshalsea or Clerks of the Market of Cities Burroughs and Towns Keepers of his Seal of Ulnage and of his Wardrobe and Harness But none of his Patents are valid any longer than the Bishop's life that gives them unless they be confirm'd by the Dean and Chapter He had several Forests Chaces Parks Woods where he had his Foresters who kept Courts in his name and determin'd matters relating to the Forests c. or the Tenants of them Parkers Rangers Pale-keepers He was Lord Admiral of the Seas and Waters within the County Palatine had his Vice-Admirals and Courts of Admiralty Judges Registers Examiners c. Officers of Beaconage Anchorage c. he awarded Commissions to regulate waters and passage of waters There have been several contests betwixt the Archbishop of York and the Bishop of Durham about Ecclesiastical Jurisdiction the one attempting to exercise his Archiepiscopal jurisdiction in this Diocese the other claiming a peculiar immunity Walter Gray Archbishop profferr'd the Archdeacon of Durham the guariandship of Stanhop-Church but he refus'd to accept it as having it before in his own or the Bishop's right Another Archbishop coming to visit the Priory when the Bishop was absent at Rome was forc'd to take Sanctuary in St. Nicholas Church as he was afterwards upon another attempt of the same nature and when he was going to excommunicate them in his Sermon was in danger of being kill'd if he had not escap'd out of the Church one of his Attendants lost an ear This distinct mention of Condati would tempt us to believe that this was the ancient Condate which Mr. Camden places in Cheshire Which opinion one may close with the more freely because nothing at least that he has told us of induc'd him to settle it at Congleton beside the affinity of names e North from hence is Heighington Heighington in Darlington-ward where Elizabeth Penyson founded a School in the 43d of Queen Elizabeth to which Edward
raised Edmund Crouchback his younger son to whom he had given the estate and honours of Simon Montfort Earl of Leicester of Robert Ferrars Earl of Derby and of John of Monmouth for rebelling against him to the Earldom of Lancaster Eaâ—â—â—â— Lancastâ—â— giving it in these words The Honour Earldom Castle and the Town of Lancaster with the Cow-pastures and Forests of Wiresdale Lownsdale Newcastle under Lime with the Manour Forest and a Castle of Pickering the Manour of Scaleby the Village of Gomecestre and the Rents of the Town of Huntendon c. after he had lost the Kingdom of Sicily with which the Pope by a ring invested him to no purpose and what expos'd the English to the publick scoff and laughter of the world he caus'd pieces of gold to be coyn'd with this Inscription AIMUNDUS REX SICILIAE 〈…〉 having first chous'd and cully'd the credulous King out of much money upon that account The said Edmund his first wife dying without issue who was the daughter and heir of the Earl of Albemarle 10 Of William de Fortibus Earl c. yet by her last Will made him her heir had by his second wife Blanch of Artois of the 〈…〉 Royal Family of France Thomas and Henry and John who dy'd very young Thomas was the second Earl of Lancaster who married Alice the only daughter and heir of Henry Lacy Earl of Lincoln she convey'd this and her mother's estate who was of the family of the Long Espee's Earls of Salisbury as likewise her father Henry Lacy had done before with his own Lands in case Alice should dye without issue as indeed it afterwards hapen'd over to the family of Lancaster But this Thomas for his Insolence and disrespect to his Prince Edward the second and for imbroiling the State was at last taken prisoner in the field and beheaded having no issue However his Sentence was afterwards revers'd by Act of Parliament because he was not try'd by his Peers and so his brother Henry succeeded him in his estate and honours He was also enrich'd by his wife Maud daughter and sole heir of Patrick Chaworth and that not only with her own but with great estates in Wales namely of Maurice of London and of Siward from whom she was descended He dying left a son Henry 〈…〉 whom Edward the third rais'd from Earl to a Duke and he was the second of our Nobility that bore the title of Duke But he dy'd without issue-male leaving two daughters Mawd and Blanch between whom the Inheritance was divided Mawd was married to William of Bavaria Earl of Holland Zeland Friseland Hanault and of Leicester too in right of his wife But she dying without issue John of Gaunt so call'd because he was born at Gaunt in Flanders fourth son of Edward the third by marriage with Blanch the other daughter of Henry came to the whole estate And now being equal to many Kings in wealth and created Duke of Lancaster by his father he also obtain'd the Royalties of him The King too advanc'd the County of Lancaster into a Palatinate by this Rescript wherein after he has declar'd the great service he had done his Country both at home and abroad he adds We have granted for us and our heirs to our son aforesaid that he during the term of life shall have within the County of Lancaster his Chancery and his Writs to be issued out under his own Seal belonging to the Office of Chancellor his Justices likewise as well for Pleas of the Crown as for other Pleas relating to Common Law to have cognisance of them and to have power of making all Executions whatsoever by his Writs and Officers And to have all other Liberties and Royalties of what kind soever appertaining to a County Palatine as freely and as fully as the Earl of Chester within the said County is known to have c. Nor was he only Duke of Lancaster but also by marriage with Constantia daughter of Peter King of Castile John of Gaunt K. of Castile for some time bore the title of King of Leon and Castile But by contract he parted with this title and in the 13th of King Richard the second was created by consent of Parliament Duke of Aquitain 11 To have and to hold the same title for term of life of the King of England and Monarch of France but to the general disgust of the inhabitants of the Province of Aquitain who gave it out that their Seigniory was inseparably annext to the Crown of England to the great dissatisfaction of that Country At that time his titles were John son to the King of England Duke of Aquitain and Lancaster Earl of Derby Lincoln and Leicester and high Steward of England After this John Henry de Bullingbroke his son succeeded in the Dutchy of Lancaster 12 Who when he had dispossess'd Richard the second and obtain'd the Kingdom of England he considering that being now King he could not bear the title of Duke of Lancaster and unwilling that the said title should be discontinu'd ordain'd by assent of Parliament that Henry his present son should enjoy the same and be stil'd Prince of Wales Duke of Aquitain Lancaster and Cornwall and Earl of Chester and also that the Liberties and Franchises of the Dutchy of Lancaster should remain to his said son sever'd from the Crown of England who having deposed Richard the second obtain'd the Crown and conferr'd this honour upon Heny his son K. Henr. 4. afterwards King of England And that he might entail it upon him and his heirs for ever he had an Act of Parliament made in these words We being unwilling that our said inheritance or its liberties by reason of our now assuming the Royal state and dignity should be any ways chang'd transferr'd diminish'd or impair'd but that our said inheritance with its rights and liberties aforesaid should in the same manner and form condition and state wherein they descended and fell to us and also with all and singular liberties franchises and other privileges commodities and profits whatsoever which our Lord and Father in his life time had and held it withal for term of his life by the grant of the late King Richard be wholly and fully preserv'd continu'd and enjoy'd by us and our heirs specified in the said Charters And by the tenure of these presents we do upon our certain knowledge and with the consent of this our present Parliament grant declare decree and ordain for us and our heirs that as well our Dutchy of Lancaster as all and singular Counties Honours Castles Manours Fees Advowsons Possessions Annuities and Seigniories whatsoever descended to us before the Royal Dignity was obtain'd by us how or in what place soever by right of inheritance in possession or in reversion or other way remain to us and our said heirs specified in the Charters abovesaid after the said manner for ever Afterwards King Henry the fifth by Act
Northumberland More rare Plants growing wild in Northumberland Chamaepericlymenum Park Ger. Periclymenum humile C. B. parvum Prutenicum Clusii J. B. Dwarf Honey-suckle On the West-side of the North-end of the highest of Cheviot-hills in great plenty Echium marinum B. P. Sea-Buglosse At Scrammerston-mill between the Salt-pans and Barwick on the Seabaich about a mile and a half from Barwick Lysimachia siliquosa glabra minor latifolia The lesser smooth broad-leav'd codded Willow-herb On Cheviot-hills by the Springs and Rivulets of water Pyrola Alsines flore Europaea C.B. Park Herba trientalis J. B. Winter-green with Chick-weed flowers On the other side the Picts-wall five miles beyond Hexham Northwards And among the Heath upon the moist Mountains not far from Harbottle westward Rhaphanus rusticanus Ger. Park C. B. sylvestris sive Armoracia multis J. B. Horse-radish We observ'd it about Alnwick and elsewhere in this County in the ditches and by the water-sides growing in great plenty Eryngium vulgare J. B. vulgare Camerarii C. B. mediterraneum Ger. mediterraneum seu campestre Park Common Eryngo of the Midland On the shore call'd Friar-goose near New-castle upon Tyne SCOTLAND IRELAND AND THE BRITISH ISLANDS THE GENERAL HEADS IN Scotland Ireland and the Islands SCOTLAND 581  Its Division 885  Its Degrees 891  Its Courts of Justice ibid. Gadeni 893 Teifidale 893 Merch 893 Lauden 895 Selgovae 905 Annandale 907 Nidisdale 907 Novantes 909 Galloway 909 Carrict 911 Kyle 911 Cunningham 913 Glotta 913 Damnii 925 Cluydesdale 915 Lennox 917 Sterling 919 Caledonia 925 Fife 927 Strathern 929 Argile 931 Cantire 931 Lorn 933 Braidalbin 933 Perth-shire 935 Angus 937 Mernis 939 Marr 939 Buquhan 941 Murray 943 Loqhabre 945 Rosse 945 Sutherland 947 Cathnes 947 Strath-navern 947  The Roman Wall 957 IRELAND 961 The British Ocean 961 The Government of Ireland 973  The Courts 973  The Division 973 Munster 975 Kerry 975 Desmond 977 Voidiae 979 Cork 979 Waterford 981 Limerick 983 Tipperary 983 Leinster 985 Birgantes 985 Kilkenny 985 Caterlogh 987 Queens County 987 Kings County 989 Kildar 989 Weisford 991 Cauci 991 Dublin 993 Meth 997 East-Meth 997 West-Meth 997 Longford 999 Conaght 999 Twomond 1001 Gallway 1001 Maio 1003 Slego 1005 Letrim 1005 Roscoman 1005 Lords of Conaght 1007 Vlster 1007 Louth 1007 Cavon 1009 Fermanagh 1009 Monaghan 1011 Armagh 1011 Down 1013 Antrim 1015 Colran 1017 Tir-Oen 1019 Tir-Conel 1019 The Rebellion of the O-Neal's 1023 The Manners of the Irish 1041 The smaller Islands in the British Ocean 1049 The Annals of Ireland SCOTLAND By Rob t Morden SCOTLAND NOW I am bound for Scotland whither I go with a willing mind but shall with gentle touches lightly pass it over Not forgetting that Minus notis minus diu insistendum The less we know things the less we are to insist upon them and that advice of the Grecian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Be not too busie where thou art not acquainted For it would certainly be impudent to treat copiously where our notices have been but little But since this too is honour'd with the name of Britain may I have liberty with due respect to the Scottish Nation in pursuance of my bold design of illustrating Britain to prosecute my undertaking with their good leave and drawing aside as it were the Curtains of obsure Antiquity to point out according to my ability some places of ancient note and memory I assure my self of a certain pardon both from the good nature of the people themselves and the extraordinary happiness of these times when by a divine providence that is fallen into our hands which we hardly ever hoped for and our Ancestors so often and so earnestly wished to see that is that Britain so mâ—ny Ages divided in it self and unsociable should all in general like one uniform City under one most August Monarch the founder of an eternal peace be conjoyned in one entire body Who being through the propitious goodness of Almighty God elected born and preserved to the good of both Nations as he is a Prince of singular wisdom and fatherly affection to all his subjects doth so cut off all occasions of fear hope revenge and complaint that the fatal Discord which hath so long engaged these Nations otherwise invincible in mutual Wars is stifled and suppressed for ever and Concord rejoyces exceedingly as it were keeps Holiday and Triumphs because as the Poet sings Jam cuncti Gens una sumus Now all one Nation we 're united fast To which we answer by way of Chorus Et simus in aevum And may that union for ever last But before I enter upon Scotland I think it not amiss to advertise the Reader thus much before-hand that I leave the first Original of the Scottish Nation and the Etymology of their Name banishing all conjectures of others which as well in former Ages as these our days owe their birth either to hasty credulity or careless negligence to be discussed by their own Historians and the Learned of that Nation And following the same method I took in England I shall premise something in short touching the division of Scotland the States of the Kingdom and the Courts of Justice and then briefly touch upon the Situation and Commodities of every several County which are the Places of most Note what Families are most eminent and have flourished with the title and honour of Earls and Barons of Parliament so far forth as by reading and enquiry I cou'd possibly procure information and that cautiously taking all imaginable care by an ingenuous and sincere regard for truth not to give the least offence to the most malicious and by so compendious a brevity as not to prevent the curious diligence of those who may possibly attempt this with a fuller stroke and finish the same with more lively and lasting colours Additions concerning SCOTLAND in general SINCE our Author has profess'd himself at a loss in the affairs of Scotland and for that reason has but touch'd very lightly upon each part of it it will be so much the more necessary to continue our method through this Kingdom and add such things as seem proper and agreeable to the design Especially being encourag'd and assisted herein by the Informations of the very learned Sir Robert Sibbald Dr. of Physick who has given sufficient testimonies to the world of his knowledge of Antiquities and particularly those of his own Country As Albion was the first and most ancient name that we meet with of Great Britain in the old Greek and Latin Authors so was Albania Albania of that northern part that lay beyond the Humber and Deva The Learned have deliver'd various reasons why it should be so call'd but the most probable of them is from the ancient Inhabitants calling themselves Albanich who likewise term'd their Country Albin and their posterity the High-landers do still retain the name in a part of their Country call'd Braid-Albin The Country which now makes the Kingdom
Gareock and Strath-Bogie-Land A small part of Buchan Strathdovern Boyn Einzie Strath Awin and Balvenie The East part of Murray The West part of Murray Badenoch Lochabir and the south part of Ross A small part of Ross lying on the south side of Cromartie-Frith The rest of Ross with the Isles of Sky Lewis and Herris Sutherland and Strathnavern Cathness Beside the Stewartries mentioned by our Author there is that of Orkney which contains all the Isles of Orkney and Zetland The Constabularie of Hadington contains East-Lothian To pursue Mr. Camden's method in his general Description of England it will be necessary to give a scheme of the bounds and extent of the several Dioceses of this kingdom Diocese of St. Andrews Glasgow Edinburgh Dunkeld Aberdeen Murray Brichin Dumblam Ross Cathness Orkney Galloway Argile The Isles Contains Part of Perthshire and part of Angus and Mernes The shires of Dunbarton Ranfrew Air Lanerick part of the shires of Roxburgh Dumfreis Peebles and Selkirk The shires of Edinburgh Linlithgow part of Strivelingshire Berwick-shire the Constabularie of Hadington and Bailery of Lauderdale The most part of Perthshire part of Angus and part of West-Lothian Most part of Bams-shire and part of Mernis The shires of Elgin Nairn and part of Inverness and Bamf-shire Part of Angus and Mernis Part of Perth and Striveling-shires The shire of Tain Cromertie and the greatest part of Inverness-shire Cathness and Sutherland All the Northern Isles of Orkney and Zetland The shire of Wigton the Stewartrie of Kircudbright the Regality of Glentrurie and part of Dumfries-shire Argile Lorn Kintyre and Lohaber with some of the West Isles Most of the west Isles Under this Constitution the Government was thus 1. In every Parish the cognizance of some scandals belong'd to the Session a Judicature compos'd of the greatest and worthiest persons in each parish where the Minister presided ex officio 2. But if the Case prov'd too intricate it was referred to the Presbyterie a superior Judicature consisting of a certain number of Ministers between 12 and 20 who met almost every fortnight The Moderator herein was nam'd by the Bishop and besides the censures they inflicted 't was by them that such as enter'd into Orders were solemnly examined The Presbyteries are these that follow Dunce Chernside Kelso Ersilton Jedburgh Melross Dumbar Hadington Dalkeith Edinburgh Peebles Linlithgow Perth Dunkeld Auchterarder Striveling Dumblane Dumfreis Penpont Lochmabane Midlebie Wigton Kircudbright Stranraver Aire Irwing Paselay Dumbarton Glasgow Hamilton Lanerick Biggar Dunnune Kinloch Inerary Kilmore Sky St. Andrews Kirkaldy Cowper Dumfermelin Meegle Dundee Arbroth Forfar Brichen Mernis Aberdeen Kinkardin Alfoord Gareoch Deir Turref Fordyce Ellon Strathbogie Abernethie Elgin Forres Aberlower Chanrie Tayn Dingwell Dornoch Week Thurso Kirkwal Scaloway Colmkill 3. Above this was the Provincial-Synod who met twice a year in every Diocese and had the examination of such cases as were referred to them by the Presbyteries here the Bishop presided ex officio 4. Above all was the Convocation when the King pleas'd to call it wherein the Archbishop of St. Andrews presided And besides these every Bishop for the cases of Testaments c. had his Official or Commissary who was judge of that Court within the Diocese Of these Edenburgh had four the rest one But since Presbyterie has been introduced the Church-government stands thus 1. They also have their Parochial Sessions but with this difference that though the Minister presides yet a Lay-man a Bailie ordinarily assists 2. In their Presbyteries they chose their own Moderator to preside 3. They have their Synod or Provincial Assembly but without a constant head for every time they meet they make choice of a new Moderator 4. Their General Assembly this consists of two members from every Presbytery and one Commissioner from each University The King too has his Commissioner there without whose consent no Act can pass and before they be in force they must be also ratify'd by the King Thus much of the several Divisions of Scotland As to the Orders and Degrees of this Kingdom there appears no alteration in them since our Author's time and if any one desires to have a more particular information in their Courts of Justice and Methods of Proceeding a separate Treatise upon this subject written by the Learned Sir George Makenzy late Lord Advocate of Scotland will give him ample satisfaction The Degrees of SCOTLAND THE Government of the Scots as that of the English consists of a King Nobility and Commonalty The King to use the words of their own Records is directus totius Dominii Dominus direct Lord of the whole Dominion or Domain and hath Royal Authority and Jurisdiction over all the States of his Kingdom as well Ecclesiastick as Laick Next to the King is his Eldest Son who is stiled Prince of Scotland and by a peculiar right is Duke of Rothsay and Steward of Scotland But the rest of the King's Children are called simply Princes Amongst the Nobles the greatest and most honorable were in old times the Thanes Thanes that is if I have any judgment those who were ennobled only by the office which they bore for the word in the antient Saxon signifies The King's Minister Of these they of the higher rank were called Ab-thanes of the lower Under-Thanes But these Names by little and little grew out of use ever since King Malcolm the 3. conferred the Titles of Earls and Barons borrow'd out of England from the Normans upon such Noblemen as had deserv'd them Since when in process of time new Titles of Honour have been much taken up and Scotland as well as England hath Dukes Marquisses Earls Viscounts and Barons Dukes Marquesses Earls Viscoun◠Barons As for the title of Duke the first that brought it into Scotland was Robert the Third about the year of our Lord 1400 as the honourable titles of Marquiss and Viscount were lately brought in by our most gracious Sovereign King James the sixth These are accounted Nobles of a higher degree and have both place and voice in Parliaments and by a special name together with the Bishops are called Lords Amongst the Nobles of a lower degree in the first place are Knights Knight◠who are certainly made with greater solemnity than any where else in Europe by taking of an Oath and being proclaim'd publickly by the Heralds In the second are those who are called Lairds Lairds and commonly without any addition Barons amongst whom none were antiently reckoned but such as held immediately from the King Lands in Capite and had the * Powe◠hang 〈◊〉 Jus Furcarum In the third place are such as being descended of Honourable Families and dignify'd with no certain title are term'd Gentlemen Gentlemen All the rest as Citizens Merchants Artificers c. are reckoned among the Commons The COURTS of JUSTICE THE supream Court as well in dignity as authority is accounted the Assembly of the States of the Kingdom which is called a
High-street to serve the town with water There is here also a College of Justice which hath its Dean of faculty They try their Intrants or Candidates and have a Bibliotheque well furnished with Books of Law and History King Charles the second did likewise erect at Edinburg a College of Physicians giving them by a Patent under the Great Seal an ample Jurisdiction within this City and the Liberties thereof appointing the Judicatures to concur to the execution of their Decreets by a latter Grant they have the faculty of professing Physick They have their conferences once a month for the improvement of Medicine and have begun to erect a Library Near to this City is Leith a convenient harbour for Ships As this Country has at present several considerable Houses whereof Hawthornden is famous for its caves hewen out of the rock and Roslin for the * Vide Theatrâ—â— Scotiae stately Chapel so can it produce some remains of Antiquity For near the Town of Cramond at which Salmon and several other Fish are taken many stones have been dug up with Roman Inscriptions Also in the grounds of Inglistown belonging to Hugh Wallace were found not long ago two stones parts of a Pillar upon one of which is a Lawrel-Crown upon the other the longest of the two there is on each side the Roman Securis The name of the Emperor is broken off but by the progress of the Roman Arms described by Tacitus it appears to have been set up in the time of Julius Agricola's government And since only the Emperor's name is struck off and it appears that by order of the Senate the Statues and Inscriptions of Domitian were defaced one may probably conclude that 't was erected in honour of that Emperor What remains of it is this AVG. COS. IV. GERMANICVS PONTIFEX MAX. These Stones are to be seen in the Garden at Edinburgh belonging to Sir Robert Sibbalds Doctor of Physick Next the Antiquities * Scotia Ilustrat Cap. 10. p 24. that noted spring two miles south of Edinburgh deserves our notice The name of it is St. Catharine's-Well though 't is commonly call'd The Oily Well because it sends up along with the water an Oil or Balsom which swims upon it 'T is found by experience to be exceeding good not only for the cure of Scabs but likewise of any pains proceeding from cold as also for strengthening and putting life into any decaying part It has two Presbyteries Edinburg and Dalkeith f The Shire of LINLITHGOW call'd West-Lothian West-Lotâ—ian takes it's name from Linlithgow the head burgh and has on the north the Forth is divided from Mid-Lothian toawrds the south and east by the waters of Almond and Breichwater to the north-west it meeteth with part of Stirlingshire and to the west with part of Clidisdale 'T is in length 14 miles and in breadth about nine It affords great plenty of Coal Lime-stone and of White Salt and in the reign of King James 6. a Silver Mine was found in it out of which they got a great deal of Silver The Town of Linlithgow â—â—nlithâ—â—w mentioned by our Author * â—heatr â—â—â—â—ae is a Royal-burgh well built and is accommodated with Fountains that furnish water to the Inhabitants with a stately Town-house for the meeting of the Gentry and Citizens and with a harbour at Blackness But it 's greatest ornament is the King's house which stands upon a rising ground that runs almost into the middle of the Loch and looks like an Amphitheater having Terras-walks as it were and a descent from them but upon the top where the Castle stands it is a plain The Court has apartments like towers upon the four corners and in the midst of it a stately fountain adorned with several curious statues the water whereof rises to a good height The Levingstons Earls of this place are hereditary Keepers of it as they are also hereditary Bailifs of the King's Bailifry and hereditary Constables of the King's Castle of Blackness Near the Palace upon a level with it stands the Church a curious work of fine stone Nor ought we to omit Borrostoness â—â—â—â—â—stoâ—â—â—â— north from hence upon the sea-coast erected into a burgh of Regality by his Grace the Duke of Hamilton who hath in the neighbourhood his castle of Kineil of late adorned with large Parks and stately Avenues Torphichen â—â—â—phiâ—â—â—n to the south of Linlithgow deserves also our notice as being a burgh of Regality and once the residence of the Knights of Malta but now giveth the title of Lord to the chief of the name of Sandilands And Bathgate Bathgate the parish whereof is erected into a Sherifdom by it self And as the Towns so also some Houses of note require our mention Nidry-Castle Nidry southwest from Linlithgow upon a river the Manor of Sir Charles Hope who by these lands is hereditary Bailif of the Regality of Kirkliston and by the Barony of Abercorn is hereditary Sheriff of the Shire And north from thence Dundass Dundass formerly a fortification now adorned with parks and fine gardens wherein are many curious Plants by the care of that worthy Gentleman Mr. Patrick Murray the owner thereof who whilst he lived was the ornament of his Countrey From whence to the west between this and Linlithgow is the Bins Bins the residence of General Dolzâ—ll adorned by his Excellence with Avenues large Parks and fine Gardens After he had procured himself a lasting name in the Wars here it was that he fix'd his old Age and pleased himself with the culture of curious Flowers and Plants And upon the same coast Medop Medop the residence of the Earl of Linlithgow famous likewise for its fine Gardens which the father of the present Earl enclosed with high walls furnish'd with Orange-trees and such like curious Exoticks But from the present places to descend to those of Antiquity at the east end of the enclosure of the Kipps Kipps south from Linlithgow there is an ancient Altar of great stones unpolish'd so placed as each of them does support another and no one could stand without leaning upon another Hard by it there are several great stones set in a Circle and in the two adjacent hills the remains of old Camps with great heaps of stones and ancient Graves Some miles also to the west of Queens-Ferry upon the sea-coast is Abercorn-Castle Abercorn Castle near which place Bede tells us the Roman wall began One may trace it along towards Cariddin where a figured stone is to be seen and a gold Medal was found In a line parallel about a mile to the south of this there is a Village which still keeps the remains of the old wall being called Walltoun From the name and the artificial Mount cast up there one would believe it to be the very place which Bede calls Penvalltoun The track of the wall appears in several places between this and Kinweill and from thence to
from the Church as a Feudatory and Vicegerent and obliged his Successors to pay three hundred Marks to the Bishop of that See Yet the most eminent 1 Sir Thomas Hol. Thomas Moor who sacrificed his life to the Pope's Prerogative denies this to be true For he says the Romanists can shew no grant and that they have never demanded the said money nor the Kings of England acknowledged it However with submission to this great man the thing is really otherwise as most clearly appears from the Parliament-Rolls which are evidence incontestable For in a Parliament in Edward the third's Reign the Chancellor of England informs the House That the Pope intended to cite the King of England to a tryal at Rome as well for homage as for the tribute due and payable from England and Ireland and to which King John had bound both himself and his Successors and desired their opinion in it The Bishops required a day to consider of this matter apart as likewise did the Lords and Commons The next day they met again and unanimously voted and declared that forasmuch as neither King John nor any other King whatsoever could put the Kingdom under such a servitude but by the consent and agreement of a Parliament which was never had and farther that since whatsoever he had done in that kind was directly contrary to the Oath which he solemnly took before God at his Coronation if the Pope would insist upon it they were resolved to oppose him with their lives and fortunes to the very utmost of their power Such also as were learned in the law made the Charter of King John to be void and insignificant by that clause of reservation in the end saving to us and our heirs all our rights liberties and regalities But this is out of my road From King John's time the Kings of England were stiled Lords of Ireland till within the memory of our fathers Henry the eighth was declared King of Ireland by the States of that Realm assembled in Parliament the title of Lord seeming not so sacred and venerable to some seditious persons as that of King In the year 1555 when Queen Mary offered the subjection of the Kingdom of England by the hands of her Ambassadors to Pope Paul the fourth this name and title of Kingdom of Ireland was confirmed by the Pope in these word To the praise and glory of Almighty God and his most glorious mother the Virgin Mary to the honour of the whole Court of Heaven and the exaltation of the Catholick Faith We at the humble request of King Philip and Queen Mary made unto us by the advice of our brethren and by virtue of our full Apostolical authority do erect the Kingdom of Ireland and do for ever dignifie and exalt it with the title honours powers rights ensigns prerogatives preferments Royal praeeminencies and such like privileges as other Christian Realms have use and enjoy or may have use and enjoy hereafter Having accidentally found a Catalogue of those English Noble men who went in the first invasion of Ireland and with great valor subdued it to the Crown of England lest I should seem to envy them and their posterity the glory of this atchievment I will here give you them from the Chancery of Ireland for so 't is entitled The Names of such as came with Dermic Mac Morrog into Ireland Richard Strongbow Earl of Pembroke who by Eve the daughter of Morrog the Irish petty King aforesaid had an only daughter who brought to William Mareschall the title of Earl of Pembroke with a fair estate in Ireland and had issue five sons who in order succeeded one another all childless and as many daughters who enriched their husbands Hugh Bigod Earl of Norfolk Guarin Montchensey Gilbert Clare Earl of Glocester William Ferrars Earl of Derby and William Breose with children honours and possessions Robert Fitz-Stephens Harvey de Mont Marish Maurice Prendergest Robert Barr. Meiler Meilerine Maurice Fitz-Girald Redmund nephew to Stephen William Ferrand Miles de Cogan Richard de Cogan Gualter de Ridensford Gualter sons of Maurice Girald Alexander sons of Maurice Girald William Notte Robert Fitz-Bernard Hugh de Lacy. William Fitz-Aldelm William Macarell Hunfrey Bohun Hugh de Gundevill Philip de Hasting Hugh Tirell David Walsh Robert Poer Osbert de Harloter William de Bendenge Adam de Gernez Philip de Breos Griffin Nephew of Stephen Ralph Fitz-Stephen Walter de Barry Philip Walsh Adam de Hereford To whom out of Giraldus Cambrensis may be added John de Curcy Hugh Contilon Redmond Cantimore Edmond Fitz-Hugh Miles of St. Davids and others The Government of the Kingdom of IRELAND SInce Ireland has been subject to the Crown of England the Kings of this Realm have ever sent their Vice-Roys to manage the publick affairs there who at first in their Letters Patents or Commissions Loâ—d Depâ—â—ies of â—â—â—â—and were stilled Keepers of Ireland after that Justices of Ireland or at pleasure Lieutenants and Deputies Their jurisdiction and authority is really large and Royal they make war and peace have power to fill all Magistracies and other Offices except some very few to pardon all crimes but those of high treason and to confer Knighthood c. These Letters Patents when any one enters upon this honourable office are publickly read and after the new Deputy has took a solemn oath of a certain set form for that purpose before the Chancellor the sword which is to be carried before him is delivered into his hands and he is seated in a Chair of state attended by the Chancellor of the Realm the Members of the Privy-Council the Peers and Nobles of the Kingdom the King at Arms a Serjeant at Arms and other Officers of State So that whether we consider his jurisdiction and authority or his train attendance and splendor there is certainly no Vice-roy in Christendom that comes nearer the grandeur and majesty of a King His Council are the Chancellor of the Realm the Treasurer and such others of the Earls Barons and Judges as are of the Privy-Council Orders or degrees iâ— Ireland For Ireland has the same orders and degrees of honour that England has Earls Barons Knights Esquires c. The Courts or Tribunals of IRELAND THE supream Court in Ireland is the Parliament which Parliament at the pleasure of the King of England is either called or dissolved by his Deputy â—as an 〈◊〉 12. and yet in Edward the second 's time it was enacted That Parliaments should be held in Ireland every year 2 Which seemeth yet not to have been effected Here are likewise observed foure Law-terms in the year as in England and five Courts of Justice held 〈◊〉 the a The Court was called The Court of Castle-chamber because it was usually kept in the Castle of Dublin but has never been held since the Court of Star-Chamber was supprest in England Star-Chamber the Chancery King's-Bench Common Pleas and the Exchequer Here are
also Justices of Assize Nisi prius and Oyer and Terminer as in England Justices of Peace in every County to preserve the Peace and the King has his Serjeant at Law his Attorney and his Sollicitor General There are also other Governors besides these to administer justice in the remoter Provinces and that is in Conaugh stilled chief Commissioner is call'd b Since the Country has been well inhabited with English and much more civiliz'd than heretofore the Presidencies of Munster and Conaught were superseded by King Charles II. about the year 1671. President in Munster who have certain of the Gentry and Lawyers to assist them and are all directed by the Lord Deputy As for their Law the Common-law used there is the same with this of ours in England For thus it is in the Records of the Kingdom King Henry the third in the twelfth of his reign sent an order to his Justice in Ireland that he should assemble the Archbishops Bishops Barons and Knights of that Kingdom and make the Charter of King John be read unto them which he did accordingly giving them an oath to observe the laws and customs of England and that they should hold and keep the same 3 Nevertheless the meer Irish did not admit them but retain'd their own Brehon-Laws and lâ—ud Customs And the Kings of England used a connivance therein upon some deep consideration not vouchsafing to communicate the benefit of the English Laws but upon especial grace to especial families or sects namely the O Neales O Conors O Brien O Maloghlins and Mac Murough which were reputed of the blood royal among them So that even the Parliamentary Laws or Statutes of England were of force in Ireland till King Henry the seventh's time For in the tenth year of his reign they were established and confirmed by Act of Parliament in Ireland 4 In the time of Sir Edward Poinings government But since that time they have lived by Acts and Statutes of their own making Besides these civil Magistrates they have also one Military officer named the c There being no War in the Kingdom there is no such Officer Marshal Marshal of Ireland who is serviceable to the State not only in restraining the insolence of soldiers but also in checking the outrage of rebels who are now and then troublesome This office formerly belonged hereditarily to the Lords Morley of England 9 of King John For King John gave them this Office to hold in see of him in these words We have given and granted to John Marshall for his homage and service our Marshalship of Ireland with all appurtenances We have given him likewise for his homage and service the Cantred wherein standeth the town of Kilbunny to have and to hold to him and his heirs of us and our heirs From him it descended in a right line to the Barons of Morley This Marshal has under him * Submaresâ—allum a Provost-Marshal and sometimes more according to the difficulties and exigencies of affairs who exercise their authority by Commission and Instructions under the Great Seal of Ireland But these and all other curiosities of this nature I leave to the diligence of others As for the methods of Justice and Government among the wild Irish I shall take care to insert something in a more proper place when I come to treat of their Mannors and Customs The d See Ware 's Antiquitat Hibern Cap. 3. pag. 11. Division of IRELAND â—â—â—on â—â—â—land IReland from the manners and customs of the Inhabitants is divided into two parts e At present there is no such Div sion or distiâ—ction but the King 's Writ runs through the whole Kingdom and every part of it is now answerable to Law they who reject all Laws and live after a barbarous manner are called the Irishry or wild Irish but those civilized who submit themselves with respect and obedience to the laws are termed the English-Irish and their Country the English Pale for the first English men that came hither set their boundaries in the east and richest part of the Island as taken in for themselves within which compass even at this day some remain uncivilized and pay no deference to the laws whereas some without are as courteous and genteel as one would desire But if we consider it as it was more early this Country from its situation or rather number of its Governors heretofore must be divided into five parts for it was formerly a Pentarchy namely Munster southward Leinster eastward Connaught westward Ulster northward and Meath almost in the middle Which as to civil administration are thus divided into Counties In Munster are the Counties of Kerry f At this day there is no such County as Desmond part of that Territory lying in the County of Kerry and the rest in the County of Cork Desmond Cork Waterford Limerick Tiperary g The County of the Holy-Cross is swallowed up in that of Tiperary with the County of S. Cross in Tiperary In Leinster are the Counties of Kilkenny Caterlough Queen's County King's County Kildare Weishford Dublin In Meath are the Counties of East-Meath West-Meath Longford In Connaught are the Counties of h Instead of this Dr. Holland has put Clare which yet is in the Province of Muâ—ster Twomund Galloway Maio. Slego Letrim Rofcomon In Ulster are the Counties of Louth Cavon Farmanagh Monaghan Armagh Doun Antrim Colran Tir-Oën Tir-Conell or Donegall Ecclesiastical Jurisdiction The Ecclesiastical state of Ireland was antiently managed by the Bishops either consecrated by the Archbishop of Canterbury or by one another But in the year 1152 as we find it in Philip of Flattesbury Christianus Bishop of Lismore Legat of all Ireland held a very full and honourable Council at Meath where were present the Bishops Abbots Kings Dukes and Elders of Ireland and there by the Apostolical authority with the advice of the Cardinals and the consent of the Bishops Abbots and others met together four Archbishopricks were constituted in Ireland Armagh Dublin Cassil and Tuam The Bishopricks which were under these formerly for some of them have been abolished to feed the greedy humor of ill times others have been confounded or annexed to one another while others again have been translated I do desire to subjoyn here in their true and ancient order from an old Roman Provincial faithfully copied from the Original Under the Archbp. of Armagh Primate of all Ireland are the Bishops of Meath or i Cluanard The Bishop is stiled of Meath Elnamirand Down otherwise Dundalethglass k Clogher Cloghor otherwise Lugundun l Connor is united to Down Conner m Ardagh Ardachad n Rapho Rathbot Rathluc Daln-liguir o Derry or London-Derry Dearrih 4 Holland has added Cloemacniso which ought to be writ Clonmacnois and is now united to Meath as also Dromor and Brefem now Kilmore Under the Archbp. of Dublin are the Bishops of
57 And this Rory his succâ—ssor practising new treason against King James his advancer upon the terrour of a guilty conscience fled the Realm in the year 1607 and died at Rome The Scots The antient inhabitants of this Ulster as likewise of all other parts of the Kingdom went formerly by the name of Scots and from hence they brought that name into the Northern part of Britain For as Giraldus says the six sons of Mured King of Ulster possest themselves of the North of Britain about 400 years after Christ from which time it has been called by the name of Scotia Yet the Annals of that Kingdom shew us that it has had this name much earlier And moreover Fergus the second who re-established the Kingdom of the Scots in Britain came from hence Patrick â—xâ—ife of â— Patrick having foretold That though he seemed mean and contemptible to his brethren at that time it would shortly came to pass thas he should be Prince and Lord over them all To make this the more probable the same writer adds farther That not long after Fergus according to the prediction of this holy man obtained the soveraignty in these parts and that his posterity continued in the throne for many generations From him was descended the most valiant King Edan son of Gabrain who conquer'd Scotland called Albania where his offspring reign to this day 58 Sir John John Curcy in the reign of Henry the second was the first Englishman that attempted the conquest of this County who having taken Down and Armagh made himself master of the whole Province either by force or surrender and was the first that had the title of Earl of Ulster â—'s of â—â—er At last his success and fortune made him so envied that for his own worth and the unworthiness of others he was banish'd and by King John's appointment succeeded by Hugh de Lacy second son of Hugh Lacy Lord of Meth who was made Earl of Ulster by a sword with orders to carry on a war against him Yet he was deprived of this honour by the same King 〈◊〉 â—o upon his insolence and popular practices but received again into favour In confirmation of this I will here give you word for word what I find in the Records of Ireland Hugh de Lacy formerly Earl of Ulster held all Ulster exempt and separate from any other County whatsoever in capite of the Kings of England by the service of three Knights when ever the Royal service was ordered by proclamation And he migâ—â— try in his own Court all pleas whatsoever belonging to the Sheriff and the Chief Justice and held a Court of Chancery c. After this all Ulster was forfeited to our Lord King John from the said Hugh who had it afterwards granted him for term of life by King Henry the third After Hugh's decease Walter de Burgo did these services to our Lord Edward King Henry's son Lord of Ireland before he was King This same Lord Edward infeoff'd the aforesaid Walter with the lands of Ulster to have and to hold to him and his heirs by the service aforesaid as well and freely as the said Hugh de Lacy did excepting the advowsons of the Cathedral Churches and the demesns of the same as also the Pleas of the Crown Rapes Forstalls Arsonyes and Treasure-trouves which our soveraign Lord King Edward retaineth to himself and his heirs This Walter de Burgo who was Lord of Conaught and Earl of Ulster had by the only daughter of Hugh de Lacy Richard Earl of Ulster who put an end to an uneasie life in the year 1326. This Richard had a son John de Burgo who died in his life time after he had had a son William by his wife Elizabeth the sister and co-heir of Gilbert Clare Earl of Gloucester who succeeded his Grandfather William was murder'd by his own men in his youth leaving a little daughter Elizabeth See Raâ—norshire and Yorkshire north-riding afterwards married to Leonel Duke of Clarence by whom she had likewise an only daughter married to Edmund Mortimer Earl of March and by her the Earldom of Ulster and Seigniory of Conaught came to the Mortimers from whom together with the Kingdom of England it fell to the house of York and then by King Edward the fourth was annexed to the Crown or the King 's demesn lands as they express it A civil war breaking out at that time and the Nation falling into faction and parties so that these English then in Ulster were induced to return into England to support their several sides and parties these Countreys were seiz'd upon by O-Neal and others of the Irish so that the Province grew as wild and barbarous as could be and whereas it formerly yielded a considerable revenue to the Earl in money it has hardly since that time paid any to the Kings of England And if I may be allowed to make remarks of this nature the piety and wisdom of the Kings of England has been more defective in no one thing than in the due administration of this Province and all Ireland either in respect of propagating Religion modelling the State or civilizing the Inhabitants Whether this neglect is to be imputed to a careless oversight or a design of parsimony and unseasonable providence I am not able to determine But one would think an Island so great and so near us where there 's so much good soil and rich pasture so many woods so much good mettal for digging up so many fine rivers and commodious harbours on all sides convenient for navigation into the richest parts of the world upon which account great imposts might be probably expected and lastly an Island so very fruitful of inhabitants and the people both in respect of minds and bodies capable of all the employments of peace or war should of right challenge and deserve our care for the future 59 If they were wrought and conform'd to orderly civility I Did but just now intimate That I would give some account of these O-Neals who pretend to be Lords of Ulster and therefore I promised to an excellent friend of mine the history of the Rebellions they rais'd this last age Though that Gentleman is now happy in a better world yet I had so much esteem for him that I cannot now but perform my promise to his very memory Thus much I thought necessary to premise As for the following History the materials are not drawn from uncertain reports or other weak authorities but from those very authâ—ntick papers that came from the Generals themselves or such as were eye-witnesses and had a share in the transactions and that so sincerely that I cannot but flatter my self with hopes of favour from the Reader if he desires a true information or would understand the late affairs in Ireland which are so much a secret to most of us and also of escaping all manner of reprehension except from such as are conscious and gall'd
killed with a stone and buried in Iona. 1230. Olave came with Godred Don and the Norwegians to Man and they divided the Kingdom Olave was to have Man Godred being gone to the Isles was slain in Lodhus So Olave came to be sole King of the Isles 1237. On the twelfth of the Calends of June died Olave the son of Godred King of Man in St. Patrick's Isle and was buried in the Abbey of Russin He reigned eleven years two in the life time of his brother and nine after His son Harald then fourteen years old succeeded him and reigned twelve years In the first year of his reign he went to the Isles and made Loglen his Kinsman Keeper of Man In the autumn following Harald sent three sons of Nell viz. Dufgald Thorquel and Molmore and his friend Joseph to Man to consider of affairs Accordingly on the twenty fifth day they met at Tingala where upon a quarrel that then happened between the sons of Nell and Loglen there arose a sore fight on both sides in which Dufgald Mormor and the said Joseph lost their lives In the spring following King Harald came to the Isle of Man and Loglen who fled into Wales with Godred the son of Olave his pupil was cast away with about forty others 1238. Gospatrick and Gillescrist the son of Mac-Kerthac came from the King of Norway into Man and kept out Harald converting the tributes of the Country to the service of the King of Norway because he had refused to appear in person at the Court of that King 1240. Gospatric died and was buried in the Abbey of Russin 1239. Harald went to the King of Norway who after two years confirmed to him his heirs and successors under his Seal all the Islands that his Predecessors had enjoyed 1242. Harald returned out of Norway to Man was honourably received by the Inhabitants and made peace with the Kings of England and Scotland 1247. Harald as his father had been before him was Knighted by the King of England and returned home with many presents The same year the King of Norway sent for him and a match was made between Harald and his daughter In the year 1249 as he was on his voyage home with with her accompanied with Laurence the elect King of Man and many of the Nobility and Gentry he was cast away by a sudden storm near the coasts of Radland 1249. Reginald the son of Olave and brother to Harald began his reign the day before the Nones of May and on the thirtieth day thereof was slain by one Yvar a Knight and his accomplices in a meadow near Trinity Church on the south side His Corps were buried in the Church of S. Mary of Russin Alexander King of Scots prepared a great fleet about this time intending to conquer the Isles but a feavor seized him in the Isle of Kerwaray whereof he died Harald the son of Godred Don assumed the title of King of the Islands banished all the Noblemen that Harald King Olave's son had preferred and instead of them recalled such as were fled from him 1250. Harald the son of Godred Don upon letters mandatory from the King of Norway went to him and was imprisoned for his unjust usurpation The same year Magnus son of Olave and John the son of Dugald who named himself King arrived at Roghalwaht but the people of Man taking it ill that Magnus had not that title beat them off their coast and many of them were cast away 1252. Magnus the son of Olave came to Man and was made King The next year after he went and took a voyage to the Court of Norway and tarried there a year 1254. Haco King of Norway made Magnus the son of Olave King of the Isles confirming them to him and his heirs and expresly to his brother Harald 1256. Magnus King of Man went into England and there was Knighted by the King 1257. The Church of S. Mary of Russin was consecrated by Richard of Sodore 1260. Haco King of Norway came to Scotland and without effecting any thing died in his return to Orkneys at Kirwas and was buried at Bergh 1265. This year died Magnus the son of Olave King of Man and of the Islands at Russin castle and was buried in S. Mary's Church there 1266. The Kingdom of the Isles was translated by means of Alexander King of Scots What follows was written in a different and later Character 1270. On the seventh of October Alexander the King of Scots's navy arrived at Roghalwath and before sun-rise next morning a battle was fought between the Inhabitants of Man and the Scots who slew five hundred thirty five of the former whence that of a certain Poet L. decies X. ter penta duo cecidere Mannica gens de te damna futura cave 1313. Robert King of Scots besieged the castle of Russin which was defended by Dingawy Dowyll and at last took it 1316. Upon Ascension-day Richard de Mandevile and his brothers with others of the Irish Nobility arrived at Ramaldwath desiring a supply of money and victuals being stript of all by continual depredations When the Commonalty denied it they took the field in two bodies against those of Man advancing still till they came to the side of Warthfell-hill in a field where John Mandevile was posted Upon engaging they carried the victory spoiled the Isle and the Abbey of Russin Thus far out of that ancient Book and after a whole months ravagement they returned home full fraught with pillage The end of the Chronicle of the Kings of Man A Continuation of the foregoing History collected out of other Authors ALexander the third King of Scots having made himself master of the Western Islands partly by his sword and partly by purchase from the King of Norway at last invaded Man also as one of that number and by the valiant conduct of Alexander Steward entirely subdued it and set a King over the Isle upon this condition that he should be ready to assist him with ten ships in any of his wars by Sea when ever he demanded them However Mary the daughter of Reginald King of Man who was the Liege-man of John K. of England address'd her self to the King of England for justice in this case Answer was made That the King of Scots was then possess'd of the Island and she ought to apply her self to him Lords of Man Her grandchild by a son John Waldebeof for Mary married into this family notwithstanding this sued again for his right in Parliament held the 33d of Edw. the first urging it there before the King of England as Lord Paramount of Scotland Yet all the answer he could have was as it is in the very Record That he might prosecute his title before the Justices of the King's Bench let it be heard there and let justice be done But what he could not effect by law his kinsmanâ— 1 Sir William Hol. William Montacute for he was of the royal
this Island they had no use of money till the late troubles of England during which Their current coin many loyalists flying thither for shelter so plentifully supplied them with it that many of the tenants were enabled to pay their rents in money which formerly they paid in sheep hogs c. The current coin of this Island is the Scotch English and Irish they neither have nor ever had any proper coine of their own Mr. Camden in the account he gives of this Island Mâ— Camden misinformed as to some cu toms of this Island has been mis-informed as to some custom He says that the women of the Island of Man going abroad do gird themselves about with their winding-sheet that they purpose to be buried in to shew themselves mindful of their mortality It is indeed customary here for the women that live in the Country when they walk abroad to wrap themselves up in a blanket but without any other design than to defend themselves from the cold as they tell every one that asks them a reason Besides these blankets which they wear are quite of a different sort from winding-sheets the blankets being generally made of woollen whereas all shrowds are of linnen These blankets are only worn by the Country-women who generally have a better sort of blanket for Sundays and another for working days but in towns they are hardly wore by any women whether poor or rich But further that this wearing of blankets was never designed by them for a Memento Mori is evident from an old customary law among them by which it is ordained that the Sunday-blankets viz. those of the better sort be given to the next child and those of the worse sort which they wear upon workdays be given for Corbes that is be sold with the other goods of the deceased to pay debts which is by no means consistent with their using them as winding-sheets to be buried in It is at this day a common custom in many places of Scotland for the country women to wear these kind of blankets when they go abroad but they are of no other use than to shelter them from the cold and are of a quite different nature from what they use for winding-sheets So that it is probable this custom of wearing blankets among the women of the Isle of Man is of the same nature and design with that of Scotland and has been introduced into the Isle by its first inhabitants who as I have already said came probably from the western parts of Scotland where this custom is among the country women generally practiced even to this very day Another mistake there is in the account which Mr. Camden had from Bishop Merrick of this Island That the Isle of Man is free from Thieves and Beggars As for Theft there is no robbing in the high-ways but you may travel there securely in any part of the Island but the poorer fort of this Isle even of both sexes are very much given to pilfering which appears from the severe laws made against stealing of ling hay hens c. And as for Beggars there are divers of them in the Island both of natives and Irish The Irish are more clamorous than the natives the natives never cry and beg at the doors but without knocking open the latch of the door and entering in take a stool and sit down by the fire and then ask an alms The Laws Their Laws and Statutes of this Island are such as the * Co k's Instit Part. 4. p. 284. Lord Cook saith the like of them are not to be found in any other place But notwithstanding this Island has continued a Kingdom for many hundreds of years yet there never was nor is there at this day extant any treatise to inform us of their Laws Customs and Jurisdictions In former times they were governed by a Jus non scriptum which was committed to the fidelity of their Deemsters as a thing holy and sacred and by them delivered to posterity by oral tradition only so that whatever they pronounced was to be held for law This custom it is probable they received from the Druides who as Caesar * Commen lib. 6. saith would not by writing prostitute any thing to the vulgar And therefore from all antiquity and even at this day the Manksmen do call their Laws Breast-laws as being deposited and locked up in the breasts of their Deemsters and Keys only Thus was this Island governed from the beginning till it was given to Sir John Stanley and his Heirs by King Henry the fourth He at his coming hither brought over with him one Michael Blondel a very wise understanding Gentleman of Lancashire whom he made Governor of the Island and he observing the inconvenience of these Breast-laws ordered that for the future all Law-cases decided in their Courts or by their Deemsters should be written down by the Clerk of the Rolls and kept as a Register of Precedents when the same or the like cases should chance to fall out again These books of precedents none are admitted to peruse but the Lord's officers only and of them no one can have access to them alone They are deposited in the Treasury and there locked up with three keys which are kept by the Governor the Receiver General and Comptroller of the Island These Laws are acknowledged to be very just and equitable and are executed with the greatest mildness the most of them are very ancient even above a thousand years In former times the voice of the whole people was necessary to the making a new Law but now this custom is abrogated and whatever is agreed upon by the Lord of the Island the Governor the two Deemsters and twenty four Keys obtains the force of a law Their new laws or statutes are always proclaimed in that Court which the Manksmen call a Tinwald The solemni y of a Tinwald It is publickly kept sub dio upon a little hill adjoyning to a little Chapel dedicated to St. John Baptist two miles from Peel-town The ancient manner of holding this Court was this The Lord of the Island was to sit here in a chair of state with a royal cloth or canopy over his his head with his face to the East and his sword before him holden with the point upward His Barons viz. the Bishops and Abbots with the rest in their degrees sat beside him his beneficed men or fee'd Council and Deemsters sat before him his Gentry and Yeomanry in the third degree and the twenty four Keys in their order and the Commons stood without the circle with three Clerks in their surplices Their Courts of Justice All possible care is taken in this Island for the speedy execution of justice For although the Sheeding-courts which are as it were their Terms do meet but twice a year yet for the quicker dispatch of justice there is erected a Court of Chancery wherein the Governor sitteth sole judge as
side there is an ancient fort and a dwelling house built at the charge of the Chamberlans for the fee farm of the Isle was granted by Queen Elizabeth to G. Chamberlane son to Sir Leonard Chamberlane of Sâ—â—rburne in Oxfordshire when he recovered it from the French And under this fort the sand with violent drifts from the Northwest overlaid the land so that now it serveth thereabout most for comes is hardly seven miles from the promontory Le Hague in Normandy and about eight miles in compass The soil is rich and produces both grass and corn very well The Island contains one church and about eighty houses I need hardly take notice of a gyants tooth found here The Gyâ—â—â—oorth 〈◊〉 civ 〈◊〉 l. 15. 〈◊〉 9. which was full as big as a mans fist since St. Austin says he has seen one so large that it might be cut into a hundred teeth as big as any ordinary mans From hence there runs a ridge of high rocks for some way to the westward which 3 Which have their several Eddies and therefore are dreaded c. are dreaded by the mariners who call them the Quasquettes 4 Out of one of the which properly named Casquet there gusheth a most sweet spring of frâ—sh water to the great comfort of the Island fishermen beating up and down hereabout At these to remember incidently that the memory of a well-deserving Patriot may not perish the fleet which John Philipot Citizen of London set forth and manned at his own private charges had a glorious victory over a rabble of Pirates who impeached all traffick taking their Captain and fifteen Spanish ships that consorted with them Which worthy man also maintained 1020 Soldiers at his own pay for the defence of the Realm against the French who sore infested the southern coast in the beginning of the reign of King Richard the second to omit his great loans to the King and other good and laudable offices to his country Under these southward lies Caesarea Câ—sarea mentioned by Antoninus hardly twelve miles distant which the French havve contracted in pronouncing just as they have done Caesaris Burgus in Normandy and as the Spaniards Caesaraugusta in Spain for they call it Gearzey â—â—â—rsey as they do Cherburgh for Caesaris Burgum and as Saragosa is generally spoke for Caesaraugusta Gregorius Turonensis call it Insula Maris quod Constantiae civitati adjacet i.e. the Island of the sea that lyeth to the City Constantia and tells us how Praetextatus Bishop of Roan was confined here Thus Papirius Massonius calls it Insula littoris Constantini because it lies over-against Constantia an old City which seems to be called in Ammianus Castra Constantia â—â—â—ra â—onstanâ—â—â—oritoâ—um and in former ages Moritonium for Robertus Montensis writes thus Comes Moritonii id est Constantiarum unless this be the gloss of the Librarian for Moritonium or Mortaigne as it is now call'd is more remote from the sea This Island is about thirty miles in compass and defended with rocks and quicksands which are shallow places dangerous for such as sail that way The soil is fertil so that the Isle has great plenty of fruit and good stocks of cattle and sheep many whereof carry b They have six horns three on each side one bent towards the nose another towards the neck and the third standing upright between the other two but these now are become very rare four horns The air is very wholesom the Inhabitants are subject to no distempers but * Agues Fevers and those in the month of September which therefore they call Settembers for this reason there are no Physitians to be found among them The Island affords very little fewel and therefore they use a sea-weed instead of wood which they term Uraic Uraic and which is supposed to be Pliny's Fucus marinus Fuâ—us Mâ—rinus produced very plentifully in rocks and craggy Islands This being dried in the sun serves for fire and after it is burnt the ashes is as good as marle or dung for manuring the fields and fallows and does as much enrich them But they are not to gather this but in the spring and in the summer and then only on certain days appointed by the Magistrate And at the times allowed they repair with their Cars to the shore or in boats to the neighbouring rocks with great joy and readiness However the poor people are permitted to take up all that the sea casts up of it for their own uses The midland part of this Isle is somewhat high and mountainous but the valleys under these hills are finely watered with brooks and very pleasant being planted with fruit-trees but apple-trees especially of which they make Cyder The villages stand thick and make in all twelve parishes which have the advantage of many fine creeks for ships the securest of which is that on the south-side of the Island S Hilarius between the towns of S. Hilary and S. Albans which harbour has also a little Isle belonging to it and therein a garison that cuts off all manner of access S. Hilary Bishop of Poictiers that was banished hither is said to be buried here For the town which is dedicated to his name lies just over-against the Island and is reckoned the chief both because of its trade and market and also upon the account of a Court of Justice which is fixed here On the east-side where it looks towards the City Constantia over-against it stands a very strong castle situated upon a steep rock called by the proud name of Mont-Orgueil repaired by Henry the 5th Mont Oâ—gue◠〈◊〉 iâ— to say A p oud thiâ—â— and commanded by the Governor of the Isle who was formerly stil'd The Keeper of the Isle and in Henry the 3d's time had a yearly Salary of 200 l. On the south but at greater distance lies S. Malo which takes this new name from Maclovius a man of great piety being formerly called the city Diablintum and Aletum Aletum in the old Notitia for in a Manuscript of Isiodorus Mercator it is expressly read Civitas Diablintum quae alio nomine Aletum i e The City Diablintum otherwise called Aletum The people apply themselves to fishing but especially to Agriculture The women make great gain by knitting hose which they call Gersey Stockes As for the State and Polity of this Isle whoever the King of England sends to govern it is the supream Magistrate He substitutes a Bailiff who with twelve Jurors chosen out of each parish by their respective parishioners to sit and assist him has the trial of pleas In capital causes he 's to have seven of these assessors with him in civil three only c A very particular account of the Island of Jersey is lately publish'd by Mr. Philip Falle Rector of S. Saviour in that Island Twenty miles north west of this lies another Island which Antoninus calls Sarnia Sarnia and we
call'd Hogelyn John de Northon John de Breton and many others Item On the 16th before the kalends of July Dolovan Tobyr and other towns and villages bordering upon them were burnt down by the said malefactors Item Soon after this a great Parliament was held at London wherein a sad difference arose between the Barons upon the account of Pieirs Gaveston who was banish'd out of the Kingdom of England the day after the feast of S. John the baptist's nativity and went over into Ireland about the feast of the Saints Quirita and Julita together with his wife and sister the Countess of Glocester and came to Dublin in great state and there continued Item William Mac Baltor a stout robber and incendiary was condemn'd in the court of our Lord the King at Dublin by the Lord Chief Justice John Wogan on the 12th before the kalends of September and was drawn at a horse's tail to the gallows and there hang'd as he deserv'd Item This year a marble cistern was made to receive the Water from the conduit-head in Dublin such as was never before seen here by the Mayor of the City Master John Decer and all at his own proper expences This same John a little before made a bridge to be built over the river Aven-Liffie near the priory of S. Wolstan He also built the Chappel of S. Mary of the Friers minors wherein he was buried and the Chappel of S. Mary of the Hospital of S. John in Dublin Item This John Decer was bountiful to the convent of Friers Predicants in Dublin For instance he made one stone-pillar in the Church and laid the great stone upon the high altar with all its ornaments Item He entertain'd the friers at his own table on the 6th day of the week out of pure charity as the seniors have reported to their juniors Item The Lord John Wogan took ship in Autumn to be at the parliament of England and the Lord William Bourk was appointed Keeper of Ireland in his room Item This year on the eve of S. Simon and Jude the Lord Roger de Mortimer and his Lady the right heir of Meth the daughter of the Lord Peter son of Sir Gefferey Genevil arriv'd in Ireland As soon as they landed they took possession of Meth Sir Gefferey Genevil giving way to them and entring himself into the order of the Friers predicants at Trym the morrow after S. Edward the Archbishop's day Item Dermot Odympsy was slain at Tully by the servants of Sir Piers Gaveston Item Richard Bourk Earl of Ulster at Whitsontide made a great feast at Trym and conferr'd Knighthood upon Walter Lacie and Hugh Lacie In the vigil of the Assumption the Earl of Ulster came against Piers Gaveston Earl of Cornwal at Drogheda and at the same time turn'd back towards Scotland Item This year Maud the Earl of Ulster's daughter imbark'd for England in order for a marriage with the Earl of Glocester which within a month was consummated between them Item Maurice Caunton kill'd Richard Talon and the Roches afterwards kill'd him Item Sir David Caunton was hang'd at Dublin Item Odo the son of Cathol O Conghir kill'd Odo O Conghiâ— King of Connaght Item Athi was burnt by the Irish MCCCIX Peter Gaveston subdued the O Brynnes in Ireland and rebuilt the new castle of Mackingham and the castle of Kemny he also cut down and scour'd the pass between Kemny castle and Glyndelagh in spite of all the opposition the Irish could make and sâ— march'd away and offer'd in the Church of S. Kimny The same year the Lord Peter Gaveston went over into Englanâ— on the eve of S. John Baptist's Nativity Item The Earl of Ulster's son's wife daughter of the Earl oâ— Glocester came into Ireland on the 15th of October Item On Christmas-eve the Earl of Ulster returned out of England and landed at Drogheda Item On the Purification of the Blessed Virgin Mary Sir John Bonevil was slain near the town of Arstol by Sir Arnold Pover and his accomplices and buried at Athy in the Church of the Frierâ— predicants Item A Parliament was held at Kilkenny in the octaves of thâ— Purification of the Blessed Mary by the Earl of Ulster John Wogan Justiciary of Ireland and others of the nobility wherein a difference among certain of the great men was adjusted and many proviso's made in the nature of statutes that might havâ— been of good consequence to the Kingdom if they had been observ'd Item Shortly after Sir Edward Botiller return'd out of England where he had been knighted at London Item The Earl of Ulster Roger Mortimer and Sir John Fitz-Thomas went over into England Item This year died Sir Theobald Verdon MCCCX. King Edward and Sir Peter Gaveston took theiâ— march for Scotland against Robert Brus. Item There was this year a great scarcity of corn in Ireland * Eranca an eranc of corn sold at the rate of twenty shilling and upwards Item The Bakers of Dublin were punish'd after a new way foâ— false weights For on S. Sampson the Bishop's day they werâ— drawn upon hurdles at the horses tails along the streets of thâ— City Item In the Abby of S. Thomas the Martyr at Dublin Sir Neiâ— Bruin Knight Escheator to our Lord the King in Ireland departed this life his corps was buried at the Friers-minors in Dublin witâ— such a pomp of tapers and wax-lights as never was before seen iâ— this Kingdom This year a Parliament was held at Kildare wherin Sir Arnold Pover was acquitted of the death of the Lord Bonevil for it waâ— found Se defendendo Item On S. Patrick's day Mr. Alexander Bickenor was witâ— the unanimous consent of the Chapter made Archbishop of Dublin Item The Lord Roger Mortimer in the octaves of the nativity of the Blessed Virgin return'd into Ireland Item This year died Henry Lacy Earl of Lincoln MCCCXI In Thomond at Bonnorathie the Lord Richarâ— Clare gave the Earl of Ulster's party a very strange defeat Thâ— Lord William Bourk and John the Lord Walter Lacy's Son werâ— taken prisoners with many others This battle was fought on thâ— 13th before the kalends of June and great numbers both of thâ— English and the Irish slain in it Item Tassagard and Rathcante were invaded by the rapperies namely the O Brinnes and O Tothiles the day after S. John Baptist's nativity Whereupon in the Autumn soon after a greaâ— army was rais'd in Leinster to defeat them both in Glindelory anâ— in other woody places Item In August a Parliament was holden at London between thâ— King and the Barons to consider the state of the Kingdom and thâ— King's houshold and a committee of six Bishops six Earls and six Barons was appointed to consult the good of the Realm Item On the 2d day before the Ides of November the Lord Richard Clare cut off 600 Galegolaghes Item On All saints day last past Peter Gaveston was banished out of England by the Earls and Barons and many good statutes were
Chancellor representing the Lord's person and this Court the Governor may keep every week as occasion shall require Besides the customary Laws do so impower the Governor or any of the two Deemsters as that in effect they are Courts of Record in themselves If either of these be but riding or walking in the high-way and if any person have cause of complaint against another for debt or any extraordinary business he may procure a Token from the Governor or Deemster to bring the party before him And if the party do either confess the debt or matter or it appear by the testimony of two witnesses upon their oaths that such a debt is due either of the said officers may give their Token for execution to the Coroner or to his Lockman And this is as good and valid as if the matter had in Court received trial by verdict of the Jury or by a Decree in Chancery The Citations in the Courts of this Island are not in the form of a Writing but after this manner The Plaintiff cometh to the Comptroller and entereth his Complaint and taking a Copy thereof he sheweth it to the Governour or Deemster Either of them takes up a piece of blew slate which is common enough in any part of the Island and upon that slate scrapes what mark he pleases This stone so marked is called a Token which being given to the Plaintiff he delivereth it to the Crowner of the place where the Defendant resides and the Defendant having received it is bound to appear and answer It has been an antient custom in that Island that if the Plaintiff find his Adversary present in the Court while the Court is sitting he may take him by the arm and bring him before the Governour and set his foot upon his Adversary's foot and there plead his Cause against him without the formality of summoning him with a Token In these Courts each Party pleads his own Cause vivâ voce so that they have no occasion for any Lawyers Proctors or Attorneys which Custom obtains but in few places of Europe as in Sweden and Denmark From these Courts there lies an Appeal to the Lord of the Island and from him to the King of England but it seldom happens that they have any Appeals All Causes both in spiritual and temporal Courts are prosecuted and ended without one penny of charges They had here an old custom concerning Debts which is now abolished When the Debtor died An antrenâ— custom foâ— the recovery of Debts and was buried and there remained no Writings to prove the Debt the Creditor came to the Grave of the deceased and laid himself all along with his back upon the grave with his face towards Heaven and a Bible on his breast and there he protested before God that is above him and by the contents of the Bible on his breast that the deceased there buried under him did owe him so much money and then the Executors were bound to pay him But in the year 1609 this custom was abolished and such Controversies order'd to be tried according to the form of Law by Witnesses or otherwise In this Island there are several of those round hills The manner of uâ—ns fouâ— in this Isâ— which in the plains of Wiltshire are very frequent and by the Inhabitants termed Barrowes In the midland parts of England they are called Lowes and are commonly held to be places of Sepulture * Descr the Isle oâ— Man p 1â— Mr. James Chaloner during his abode in the Isle caused one of these to be opened in which were found 14 rotten Urns or earthen Pots placed with their mouths downwards and one more neatly than the rest in a bed of fine white sand containing nothing but a few brittle bones as having passed the fire but no ashes left discernible Some of these are environed with great stones pitched end-ways in the earth and some of the Urns found enclosed in Coffins of stone one Coffin containing divers of them The Isle of Man hath ever since its first plantation The Lorâ— of Man been reputed a Monarchical State and whoever is of right Lord of it may not only use the title of King but may cause himself to be crowned with a Crown of Gold * Walsiâ—â— Hypodigâ— Neustriâ— p. 546. though it is not improbable that in their first and original Installations they made use of a Crown of Iron as has been heretofore done by the Kings of England and as Charles the fourth Emperour of Germany was crowned at Milan An. 1334. The Kings of Man have now of a long time waved their title of King and instead thereof assumed the title of Lord but they still retain almost all the Jura Regalia they enjoyed heretofore They have still power of life and death to banish or condemn to perpetual Imprisonment to raise men and money to place or displace any officer in the Island at their own pleasure and all fines and forfeitures in cases of Treason Felony and Felo de se do belong to them The greatest difference betwixt a King and Lord of Man is That the Kings were crowned whereas the Lords now are only publickly proclaimed and installed The Kings created Barons made Knights and Esquires but the Lords never confer any titles of honour The Kings of Man in old times according to the Manks tradition claim'd the whole Island and all the Revenues thereof as belonging to the Crown The Inhabitants had no right to any Inheritance in the Island but were only Tenants at will and held their Lands of the King for the performance of certain duties and and services And this tenure they called The holding by the straw which was first changed into Leases for three Lives during the late Civil Wars thereby to augment the Lord's Revenues the Tenants being then obliged to pay yearly a quit-rent and a fine at renewing The Kings of this Island have at different times been tributaries both to the Kings of England Scotland and Norway and were obliged in token of their subjection to these States to pay a certain Homage at the Coronation of any of the Princes of these Kingdoms They have made many wars in attempts to enlarge their Dominions beyond the Confines of this little Island not only in Venedotia against the King of North-wales especially in Anglesey but also in Ireland where Godred Cron. of Man An. â—147 son to Olave King of Man was crowned King of Dublin and subdued a great part of Leinster but left it not to his successors Likewise for some years by the favour and aid of Magnus King of Norway they had under their subjection some if not all the Islands on the West part of Scotland Hollinsh â— 293. which are called Hebrides and upon this account stiled themselves Kings of Man and of the Islands But Alexander King of Scotland An. 1266. not only recovered these Islands but reduced the Isle of Man it self to his subjection and placed