Iustices of the Assises to end and dispatch controversies depending and growne to an issue in the foresaid principall Kings Courts betweene plaintiffes and defendants and that by their Peeres as the custome is whence they are commonly called Iustices of Nisi prius which name they tooke of the writs sent unto the Sheriffe which have in them these two words Nisi Prius that is Vnlesse before c. The Star-Chamber or the Court rather of Kings Counsell wherein are discussed and handled criminall matters perjuries cousenages fraud deceit riots or excesse c. This Court in regard of time is right ancient and for dignitie most honourable For it seemes that it may claime antiquitie ever since the first time that Subject appealed unto their Soveraignes and the Kings Councell was erected Now the Judges of this Court are persons right Honourable and of greatest reputation even the Kings Privie Counsellors As for the name of Star-Chamber it tooke it from the time that this Counsell was appointed at Westminster in a Chamber there anciently garnished and beautified with Starres For we read in the Records of Edward the Third Counseil en la Chambre des Estoilles pres de la Receipt al Westminster that is The Counsell in the Chamber of Starres neere unto the Receit at Westminster But the Authoritie thereof that most sage and wise Prince Henry the Seventh by authoritie of Parliament so augmented and established that some are of opinion though untruely hee was the first founder of it The Judges heere are The Lord Chancellor of England The Lord Treasurer of England The Lord President of the Kings Counsell The Lord Keeper of the Privy Seale and all Counselors of the State as wel Ecclesiasticall as Temporall and out of the Barons of the Parliament those whom the King will call The two chiefe Iustices of the Benches or in their absence two other Iudges The Officers heerein are these The Clerke of the Counsell The Clerke of writs and processe of the Counsell in the Star-Chamber c. And causes here are debated and decided not by Peeres according to our common Law but after the course of Civill Law The Court of Wards and Liveries hath the name of Pupils or Wards whose causes it handleth was first instituted by Henrie the Eighth whereas in former times their causes were heard in the Chancerie and Exchequer For by an old Ordinance derived out of Normandie and not from Henry the Third as some doe write when a man is deceased Who holdeth possessions or Lands of the King in chiefe by Knights service as well the heire as his whole patrimonie and revenues are in the Kings power tuition and protection untill he be full one and twentie yeares of age and untill by vertue of the Kings briefe or letter restitution and re-delivery be made unto him thereof In this Court the Generall Master sitteth as Judge under whom are these The Supravisor or Surveior of Liveries The Atturney generall of the Court The generall Receiver The Auditour The Clerke of the Liveries The Clerke of the Court Fortie Fedaries and a Messenger There have sprung up also in these later times two other Courts to wit Of reforming Errours whereof the first is to correct Errours in the Exchequer the other to amend errours committed in the Kings Bench. The Judges in the former of these twaine are the Lord Chancellor and Lord Treasurer of England with others of the Kings Justices whom they are disposed to take unto them In the later The Iustices of the Common Pleas and the Barons of the Exchequer The Admirals Court handleth Sea matters In this are reckoned the Lord Admirall of England his Lieutenant and a Iudge two Scribes a Serjeant of the Court and the Vice-Admirals of England Now proceede we to the Courts of Equitie The Chancerie drew that name from a Chancellor which name under the ancient Roman Emperours was not of so greate esteeme and dignitie as wee learne out of Vopiscus But now adaies a name it is of highest honour and Chancellors are advanced to the highest pitch of civill Dignitie Whose name Cassiodorus fetcheth from crosse grates or lattesses because they examined matters within places severed apart enclosed with partitions of such crosse bars which the Latins call Cancelli Regard saith hee to a Chancellor what name you beare It cannot bee hidden which you doe within Lattesses For you keepe your gates lightsome your barres open and your dores transparent as windows Whereby it is very evident that he sate within grates where he was to be seene on every side and thereof it may be thought he tooke that name But considering it was his part being as it were the Princes mouth eie and eare to strike and dash out with crosse-lines lattise like those letters Commissions Warrants and Decrees passed against law and right or prejudiciall to the comon-wealth which not improperly they termed to cancell some thinke the name of Chancellor came from this Cancelling and in a Glossarie of latter time thus we read A Chancellor is he whose Office is to looke into and peruse the writings and answers of the Emperour to cancell what is written amisse and to signe that which is well Neither is that true which Polydore Virgil writeth namely that William the Conquerour instituted a Colledge or fellowship of Scribes to write letters pattents c. and named the Master of that Societie Chancellor considering it is plaine and manifest that Chancellors were in England before the Normans Conquest How great the dignitie and authoritie of the Chancellor is at this day it is better knowne than I can declare but of what credit it was in old time have heere in a word or two out of a writer of good antiquitie The dignitie of the Chancellor of England is this He is reputed the second person in the Realme and next unto the King with the one side of the Kings Seale whereof by his Office he hath the Keeping he may signe his owne injunctions to dispose and order the Kings Chappell as hee liketh to receive and keepe all Archbishopricks Bishopricks Abbeies and Baronies void and falling into the Kings hand to be present at all the Kings Counsels and thither to repaire uncalled also that all things be signed by the hand of his Clerke who carrieth the Kings Seale and that all things be directed and disposed by advise of the Chancellor Item that by the helpfull merits of his good life through Gods grace he need not die if he will himselfe but Archbishop or Bishop And heereof it is that the Chancellor-ship is not to be bought The forme and manner of ordaining a Chancellor for that also I will note was in the time of King Henrie the Second by hanging the great Seale of England about the necke of the Chancellor elect But in King Henry the Sixth daies this was the order of it according to the notes I tooke out of the Records When the place of the Lord
Westminster The Abbat of S. Albans The Abbat of S. Edmonds-Bury The Abbat of Peterburgh The Abbat of S. Iohn of Colchester The Abbat of Evesham The Abbat of Winchelcomb The Abbat of Crouland The Abbat of Battaile The Abbat of Reding The Abbat of Abindon The Abbat of Waltham holy Crosse. The Abbat of Shrewsburie or Salop. The Abbat of Sircester The Abbat of S. Peters in Glocester The Abbat of Bardeney The Abbat of S. Bennets of Hulme The Abbat of Thorney The Abbat of Ramsey The Abbat of Hyde The Abbat of Malmesburie The Abbat of S. Marie in Yorke The Abbat of Selbey The Prior of Coventrie The Prior of The order of S. Iohn at Ierusalem who commonly is called Master of S. Iohns Knights and would be counted the first and chiefe Baron of England Vnto whom as still unto the Bishops By right and custome it appurtained as to Peeres of the Kingdome to be with the rest of the Peeres personally present at all parliaments whatsoever there to consult to handle to ordaine decree and determine in regard of the Baronies which they held of the King For William the first a thing that the Church-men of that time complained of but those in the age ensuing counted their greatest honor ordained Bishopricks and Abbaies which held Baronies in pure and perpetuall Almâ—s and untill that time were free from all secular service to bee under military or Knights service enrolling every Bishopricke and Abbay at his will and pleasure and appointing how many souldiers he would have every of them to find for him and his successours in the time of hostility and warre From that time ever since those Ecclesiasticall persons enjoyed all the immunities that the Barons of the Kingdome did save onely that they were not to be judged by their Peeres For considering that according to the Canons of the Church such might not be present in matters of life and death in the same causes they are left unto a jurie of twelve men to be judged in the question of Fact But whether this be a cleere point in law or no I referre me to skilfull Lawyers Vavasors or Valvasors in old time stood in the next ranke after Barons whom the Lawyers derive from Valvae that is leaved dootes And this dignitie seemeth to have come unto us from the French For when they had soveraigne rule in Italy they called those Valvasores who of a Duke Marquesse Earle or Captaine had received the charge over some part of their people and as Butelere the civill Lawyer saith had power to chastise in the highest degree but not the Libertie of faires and mercates This was a rare dignity among us and if ever there were such long since by little and little it ceased and ended For in Chaucers time it was not great seeing that of his Franklin a good yeoman or Freeholder he writeth but thus A Sheriffe had he beene and a Câ—ntour Was no where such a worthy Vavasour Inferiour nobles are Knights Esquires and those which usually are called Generosi and Gentlemen Knights who of our English Lawyers be termed also in Latin Milites and in all nations well neere besides tooke their name of Horses for the Italians call them Cavellieni the Frenchmen Chevaliers the Germans Reiters and our Britans in Wales Margogh all of riding Englishmen onely terme them Knights by a word that in the old English language as also of the German signifieth indifferently a servitor or minister and a lusty young man Heereupon it commeth that in the Old written Gospels translated into the English tongue wee read for Christs Disciples Christs Leorning Cnyhts and else where for a Client or Vassall Incnyght and Bracton our ancient civill Lawyer maketh mention of Radâ—nights that is to say serving horsemen who held their lands with this condition that they should serve their Lords on horsbacke and so by cutting off a peece of the name as our delight is to speake short I thought long since that this name of Knights remained with us But whence it came that our countreymen should in penning of lawes and in all writings since the Normans conquest terme those Knights in Latin Milites I can hardly see And yet I am not ignorant that in the declining time of the Roman Empire the Denomination of Milites that is Souldiers was transferred unto those that conversing neere about the Princes person bare any of the greater offices in the Princes Court or traine But if I have any sight at all in this matter they were among us at first so called who held any lands or inheritances as Tenants in Fee by this tenure to serve in the warres For those Lands were termed Knights Fees and those that elsewhere they named Feudatarij that is Tenants in Fee were here called Milites that is Knights as for example Milites Regis c. The Kings Knights Knights of the Archbishop of Canterburie Knights of Earle Roger of Earle Hugh c. For that they received those lands or manors of them with this condition to serve for them in the wars and to yeeld them fealty and homage whereas others who served for pay were simply called Solidarij and Servientes that is Souldiers and Servitors But these call them Milites or Equites whether you will are with us of foure distinct sorts The most honorable and of greatest dignitie be those of the Order of S. George or of the Garter In a second degree are Banerets in a third ranke Knights of the Bath and in a fourth place those who simply in our tongue be called Knights in Latin Equites aurati or Milites without any condition at all Of S. Georges Knights I will write in due place when I am come to Windsor Of the rest thus much briefly at this time Banerets whom others terme untruely Baronets have their name of a Banner For granted it was unto them in regard of their martiall vertue and prowesse to use a foure square ensigne or Banner as well as Barons whereupon some call them and that truly Equites Vexillarij that is Knights-Banerets and the Germans Banner-heires The antiquitie of these Knights Banerets I cannot fetch from before the time of King Edward the Third when Englishmen were renowned for Chivalrie so that I would beleeve verily that this honorable title was devised then first in recompence of martiall prowesse untill time shall bring more certainty of truth to light In the publicke records of that time mention is made among military titles of Banerets of Men at the Banner which may seeme all one and of Men at armes And I have seene a Charter of King Edward the Third by which he advanced Iohn Coupland to the State of a Baneret because in a battell fought at Durham hee had taken prisoner David the Second King of the Scots and it runneth in these words Being willing to reward the said Iohn who tooke David de Bruis prisoner and
Lancaster second son of K. Henry the third and his wife Aveline de fortibus Countesse of Albemarle William and Audomar of Valence of the family of Lusignian Earles of Pembroch Alphonsus Iohn and other children of King Edward the First Iohn of Eltham Earle of Cornwall son to K. Edward the second Thomas of Woodstocke Duke of Glocester the yongest son of K. Edward the third with other of his children Aeleanor daughter and heire of Humfrey Bohun Earle of Hereford and of Essex wife to Thomas of Woodstocke the yong daughter of Edward the fourth and K. Henry the seventh Henry a childe two months old son of K. Henry the eight Sophia the daughter of K. Iames who died as it were in the very first day-dawning of her age Phillippa Mohun Dutches of Yorke Lewis Vicount Robsert of Henault in right of his wife Lord Bourchier Anne the yong daughter and heire of Iohn Mowbray Duke of Norfolke promised in marriage unto Richard Duke of Yorke yonger son to K. Edward the fourth Sir Giles Daubency Lord Chamberlaine to king Henry the Seventh and his wife of the house of the Arundels in Cornwall I. Vicount Wells Francis Brandon Dutches of Suffolke Mary her daughter Margaret Douglasse Countesse of Lennox grandmother to Iames King of Britaine with Charles her son Winifrid Bruges Marchionesse of Winchester Anne Stanhop Dutches of Somerset and Iane her daughter Anne Cecill Countesse of Oxford daughter to the L. Burghley Lord high Treasurer of England with Mildred Burghley her mother Elizabeth Berkeley Countesse of Ormund Francis Sidney Countesse of Sussex Iames Butler Vicount Thurles son and heire to the Earle of Ormond Besides these Humfrey Lord Bourchier of Cromwall Sir Humfrey Bourchier son and heire to the Lord Bourchier of Berners both slaine at Bernet field Sir Nicholas Carew Baron Carew Baronesse Powisse T. Lord Wentworth Thomas Lord Wharton Iohn Lord Russell Sir T. Bromley Lord Chancellour of England Douglas Howard daughter and heire generall of H. Vicount Howard of Bindon wife to Sir Arthur Gorges Elizabeth daughter and heire of Edward Earle of Rutland wife to William Cecill Sir Iohn Puckering Lord Keeper of the great Seale of England Francis Howard Countesse of Hertford Henrie and George Cary the father and sonne Barons of Hunsdon both Lords Chamberlaines to Queene Elizabeth the heart of Anne Sophia the tender daughter of Christopher Harley Count Beaumont Embassadour from the king of France in England bestowed within a small guilt Urne over a Pyramid Sir Charles Blunt Earle of Devonshire Lord Lieutenant Generall of Ireland And whom in no wise wee must forget the Prince of English Poets Geoffry Chauer as also he that for pregnant wit and an excellent gift in Poetry of all English Poets came neerest unto him Edmund Spencer Beside many others of the Clergy and Gentlemen of quality There was also another College or Free-chapell hard by consisting of a Deane and twelve Chanons dedicated to Saint Stephen which King Edward the Third in his princely Magnificence repaired with curious workmanship and endowed with faire possessions so as he may seeme to have built it new what time as he had with his victories overrun and subdued al France recalling to minde as we read the Charter of the foundation and pondering in a due weight of devout consideration the exceeding benefits of Christ whereby of his owne sweet mercy and pity he preventeth us in all occasions delivering us although without all desert from sundry perils and defending us gloriously with his powerfull right hand against the violent assaults of our adversaries with victorious successes and in other tribulations and perplexities wherein wee have exceeding much beene encombred by comforting us and by applying and in-powering remedies upon us beyond all hope and expectation There was adjoyning hereto a Palace the ancient habitation of the Kings of England from the time of King Edward the Confessor which in the Raigne of king Henry the Eighth was burnt by casuall fire to the ground A very large stately and sumptuous Palace this was and in that age for building incomparable with a vawmurâ— and bulwarks for defence The remaines whereof are the Chamber wherein the King the Nobles with the Counsellers and Officers of State doe assemble at the high Court of Parliament and the next unto it wherein anciently they were wont to beginne the Parliaments knowne by the name of Saint Edwards painted chamber because the tradition holdeth that the said king Edward therein dyed But how sinfull an Act how bloudy how foule how hainous horrible hideous and odious both to God and man certaine brute and savage beasts in mens shape enterprised of late by the device of that Arch Traitour Robert Catesby with undermining and placing a mighty deale of gunpowder under these Edifices against their Prince their Country and all the States of the Kingdome and that under an abominable pretence of Religion my very heart quaketh to remember and mention nay amazed it is and astonied but to thinke onely into what inevitable darknesse confusion and wofull miseries they had suddenly in the twinckling of an eye plunged this most flourishing Realme and Common wealth But that which an ancient Poet in a smaller matter wrote we may in this with griefe of minde utter Excidat illa dies aevo nè postera credant Secula nos certè taceamus obruta multa Nocte tegi propriae patiamur crimina gentis That cursed day forgotten be no future age beleeve That this was true let us also at least wise now that live Conceale the same and suffer such Designes of our owne Nation Hidden to be and buried quite in darknesse of oblivion Adjoyning unto this is the Whitehall wherein at this day the Court of Requests is kept Beneath this is that Hall which of all other is the greatest and the very Praetorium or Hall of Justice for all England In this are the Judiciall Courts namely The Kings Bench the Common Pleas and The Chancery And in places neere thereabout The Star-Chamber the Exchequer Court of Ward and Court of the Dâ—teby of Lancaster c. In which at certaine set times wee call them Tearmes yearely causes are heard and tryed whereas before king Henry the Third his dayes the Court of common Law and principall Justice was unsetled and alwaies followed the kings Court But he in the Magna Charta made a law in these words Let not the Common Pleas folâ—ow our Court but bee holden in some certaine place Which notwithstanding some expound thus That the Common Pleas from thenceforth bee handled in a Court of the owne by it selfe a part and not in the Kings Bench as before This Judgement Hall which we now have king Richard the Second built out of the ground as appeareth by his Armes engraven in the stone-worke and many arched beames when he had plucked downe the former old Hall that king William Rufus in the same place had built before and made it his
said What ever vaine excesse affects what may mans need content Shall come from thee or else to thee from other lands be sent This plentifull abundance these goodly pleasures of Britain have perswaded some that those fortunate Islands wherein all things as Poets write do still flourish as in a perpetuall Spring tide were sometime heere with us For this doth one Isacius Tzetzes a Greek Author of no small credit affirme and our ancestours seeme to have believed the same as a certaine truth For what time as Pope Clement the sixth as wee read in Robert of Aevsburie had elected Lewis of Spaine to bee the Prince of those fortunate Islands and for to aid and assist him mustered souldiers in France and Italie our countrymen were verily perswaded That hee was chosen Prince of Britâ—ine and that all the said preparation was for Britaine as one saith he of the fortunate Islands Yea and even those most prudent personages themselves our Legier Embassadours there with the Pope were so deeply setled in this opinion that forthwith they withdrew themselves from Rome and hastned with all speed into England there to certifie their countreymen and friends of the matter Neither will any man now judge otherwise who throughly knoweth the blessed estate and happie wealth of Britaine For Nature tooke a pleasure in the framing thereof and seemeth to have made it as a second world sequestred from the other to delight mankind withall yea and curiously depainted it of purpose as it were a certaine portraict to represent a singular beautie and for the ornament of the universall world with so gallant and glittering variety with so pleasant a shew are the beholders eies delighted which way soever they glance To say nothing of the Inhabitants whose bodies are of an excellent good constitution their demeanour right courteous their natures as gentle and their courage most hardie and valiant whose manhood by exploits atchieved both at home and abroad is famously renowned thorow the whole world But who were the most ancient and the very first Inhabitants of this Isle as also from whence this word Britan had the originall derivation sundry opinions one after another have risen and many we have seene who being uncertaine in this point have seemed to put downe the certaine resolution thereof Neither can we hope to attaine unto any certaintie heerein more than all other nations which setting those aside that have their originall avouched unto them out of holy Scripture as well as wee touching their point abide in great darkenesse errour and ignorance And how to speake truly can it otherwise be considering that the trueth after so many revolutions of ages and times could not chuse but be deepely hidden For the first inhabitours of countreys had other cares and thoughts to busie and trouble their heads than to deliver their beginnings unto posteritie And say they had been most willing so to do yet possibly could they not seeing their life was so uncivill so rude so full of warres and therefore void of all literature which keeping companie with a civill life by peace and repose is onely able to preserve the memorie of things and to make over the same to the succeeding ages Moreover the Druidae who being in the olde time the Priests of the Britans and Gaules were supposed to have knowne all that was past the Bardi that used to resound in song all valours and noble acts thought it not lawfull to write and booke any thing But admit they had recorded ought in so long continuance of time in so many and so great turnings and overturnings of States doubtlesse the same had beene utterly lost seeing that the very stones pyramides obelisks and other memorable monuments thought to be more durable than brasse have yeelded long agoe to the iniquitie of time Howbeit in the ages soone after following there wanted not such as desired gladly to supplie these defects and when they could not declare the trueth indeed yet at least way for delectation they laboured to bring foorth narrations devised of purpose with certaine pleasant varietie to give contentment and delivered their severall opinions each one after his owne conceit and capacitie touching the originall of Nations and their names Unto which as there were many who neglecting further search into the trueth quickly yeelded connivence so the most sort delighted with the sweetnesse of the Deviser as readily gave credence But to let passe all the rest one Geffrey Ap Arthur of Monmouth among us whom I would not pronounce in this behalfe liable to this suspicion in the raigne of K. Henrie the Second published an Historie of Britaine and that out of the British tongue as hee saith himselfe wherein he writeth That Brutus a Trojane borne the sonne of Silvius nephew of Ascanius and in a third degree nephew to that great Aeneas descended from supreame Jupiter for the goddesse Venus bare him whose birth cost his mother her life and who by chance slew his owne father in hunting a thing that the wise Magi had foretold fled his country and went into Greece where he delivered out of thraldome the progenie of Helenus K. Priamus sonne vanquished King Pandrasus wedded his daughter and accompanied with a remnant of Trojans fell upon the Island Leogetia where by the Oracle of Diana he was advised to goe into this Westerne Isle From thence through the Streights of Gebraltar where he escaped the Mer-maydes and afterward through the Tuskan sea hee came as farre as to Aquitaine in a pight battell defeated Golfarius the Pict King of Aquitaine together with twelve Princes of Gaul and after he had built the citie Tours as witnesseth Homer and made spoile of Gaule passed over sea into this Island inhabited of Giants whom when he had conquered together with Gogmagog the hugest of them all according to his owne name he called it Britaine in the yeare of the world 2855 before the first Olympiad 334. yeares and before the nativitie of Christ 1108. Thus farre Geffrey of Monmouth Yet others there bee that fetch the name of Britaine from some other causes Sir Thomas Eliot by degree a worshipfull Knight and a man of singular learning draweth it from the Greeke fountaine to wit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a tearme that the Athenians gave to their publike Finances or Revenues Humfrey Lhuyd reputed by our countrymen for knowledge of Antiquitie to carrie after a sort with him all the credit and authoritie referreth it confidently to the British word PRID-CAIN that is to say a pure white forme Pomponius Laetus reporteth that the Britons out of Armorica in France gave it that name Goropius Becanus saith that the Danes sought heere to plant themselves and so named it BRIDANIA that is Free Dania Others derive it from PRVTENIA a region in Germanie Bodine supposeth that it tooke the name of BRETTA the Spanish word which signifieth Earth and Forcatulus of BRITHIN which as wee read in Athenaeus
Townes able to set out a great fleet of Ships the inland parts have rich and plenteous mines of tinne For there is digged out of them wonderfull store of tinne yielding exceeding much profit and commoditie where are made houshold pewter vessels which are used throughout many parts of Europe in service of the table and for their glittering brightnesse compared with silver plate The Inhabitants doe discover these mines by certaine tinne-stones lying on the face of the ground which they call Shoad being somewhat smooth and round Of these Mines or tinne-workes there be two kinds the one they call Lode-workes the other Stream-workes This lieth in lower grounds when by trenching they follow the veines of tinne and turne aside now and then the streames of water comming in their way that other is in higher places when as upon the hils they dig very deepe pits which they call Shafts and doe undermine In working both waies there is seen wonderfull wit and skill as well in draining of waters aside and reducing them into one streame as in the underbuilding pinning and propping up of their pits to passe over with silence their devices of breaking stamping drying crasing washing melting and fining the mettall than which there cannot be more cunning shewed There are also two sorts of Tinne Blacke tinne which is tinne-ore broken and washed but not yet founded into mettall and white tinne that is molten into mettall and that is either soft tinne which is best merchantable or hard tinne lesse merchantable That the ancient Britans practised these tinne-works to omit Timaeus the Historian in Plinie who reporteth That the Britans fetched tinne out of the Isle Icta in wicker boats covered and stitched about with leather appeareth for certaine out of Diodorus Siculus who flourished under Augustus Caesar. For hee writeth that the Britans who Inhabited this part digged tinne out of stonie ground and at a low water carried the same in carts to certaine Ilands adjoyning From whence Merchants transported it by ships into Gaule and from thence conveied the same upon horses within thirtie daies unto the spring-heads of the river Eridanus or else to the citie Narbone as it were to a Mart. Aethicus also who ever hee was that unworthily beareth title to be interpreted by S. Hierome out of the Sclavonian tongue insinuateth the very same and saith That hee delivered rules and precepts to these Tinne-workers But it seemeth that the English-Saxons neglected it altogether or to have used the workmanship and labour of Arabians or Saracens For the Inhabitants in their language terme the mines forlet and given over Attal Sarisin that is the leavings of the Saracens if they did meane by that name the ancient Panims After the comming in of the Normans the Earles of Cornwal gathered great riches out of these mines and especially Richard brother to King Henrie the Third and no marvell sith that in those daies Europe had tinne from no other place For the incursions of the Mores had stopped up the tinne mines of Spaine and as for the tinne veines in Germanie which are in Misnia and Bohemia they were not as yet knowen and those verily not discovered before the yeere after Christs nativitie 1240. For then as a writer of that age recordeth was tinne mett all found in Germanie by a certain Cornishman driven out of his native soile to the great losse and hindrance of Richard Earle of Cornwal This Richard began to make ordinances for these tin-works and afterward Edmund his sonne granted a Charter and certain liberties and withall prescribed certaine Lawes concerning the same which hee ratified or strengthened under his seale and imposed a tribute or rent upon tin to be answered unto the Earls These liberties priviledges and lawes King Edward the Third did afterwards confirme and augment The whole common-wealth of those Tinners and workmen as it were one bodie hee divided into foure quarters which of the places they call Foy-more Black-more Trewarnaile and Penwith Over them all hee ordained a Warden called L. Warden of the Stanniers of Stannum that is Tinne who giveth judgement as well according to equitie and conscience as Law and appointed to every quarter their Stewards who once every iij. weeks every one in his severall quarter minister justice in causes personall betweene Tinner and Tinner and betweene Tinner and Forrainer except in causes of land life or member From whom there lieth an appeale to the Lord Warden from him to the Duke from the Duke to the King In matters of moment there are by the Warden generall Parliaments or severall assemblies summoned whereunto Iurats are sent out of every Stannarie whose constitutions do bind them As for those that deale with tinne they are of foure sorts the owners of the soile the adventurers the merchants or regraters and the labourers called the Spadiards of their Spade who poore men are pitifully out-eaten by usurious contracts But the Kings of England and Dukes of Cornwall in their times have reserved to themselves a praeemption of tin by the opinion of the learned in the Law as well in regard of the proprietie as being chiefe Lords and Proprietaries as of their royall prerogative Lest the tribute or rent imposed should be embezelled and the Dukes of Cornwall defrauded unto whom by the old custome for every thousand pound waight of tinne there is paid forty shillings it is by a Law provided that all the tin which is cast wrought be brought to one of the foure appointed townes where twice in the yeere it is weighed and signed with a stampe they call it Coinage and the said impost according paid neither is it lawfull for any man before that to sell or send it abroad under forfeiture of their tin And now only tin is here found but therewith also gold and silver yea and Diamonds shaped and pointed anglewise smoothed also by nature it selfe whereof some are as big as walnuts and inferiour to the Orient Diamonds in blacknesse and hardnesse only Moreover there is found Eryngium that is Sea Holly growing most abundantly every where along the shore Furthermore so plentifull is this countrey of graine although not without great toile of the husbandman that it hath not onely sufficient to maintaine it selfe but also affoordeth often times great store of corne into Spaine Besides a most rich revenue and commoditie they have by those little fishes that they call Pilchards which swarming as one would say in mighty great skuls about the shores from Iuly unto November are there taken garbaged salted hanged in the smoake laied up pressed and by infinite numbers carried over into France Spaine and Italie unto which countreys they be very good chaffer and right welcome merchandise and are there named Fumados Whereupon Michael a Cornish Poet and of Rhymers in his time the chiefe in his Satyre against Henrie of Aurenches Archpoet to King Henrie the Third because he had unreverently plaied upon Cornishmen as if
matters In criminall causes the Kings chiefe Justice holdeth his Court for the most part at Edenburgh which office the Earles of Argile have executed now for some yeeres And he doth depute two or three Lawyers who have the hearing and deciding of capitall actions concerning life and death or of such as inferre losse of limbs or of all goods In this Court the Defendant is permitted yea in case of high treason to entertaine a Counsellor or Advocate to pleade his cause Moreover in criminall matters there are sometimes by vertue of the Kings commission and authoritie Justices appointed for the deciding of this or that particular cause Also the Sheriffes in their territories and Magistrates in some Burghs may sit in judgement of man-slaughter in case the man-slayer be taken within 24. houres after the deed committed and being found guiltie by a Jurie put him to death But if that time be once overpast the cause is referred and put over to the Kings Iustice or his Deputies The same priviledge also some of the Nobilitie and Gentrie enjoy against theeves taken within their owne jurisdictions There bee likewise that have such Roialties as that in criminall causes they may exercise a jurisdiction within their owne limits and in some cases recall those that dwell within their owne limits and liberties from the Kings Justice howbeit with a caution and proviso interposed That they judge according to Law Thus much briefly have I put downe as one that hath but sleightly looked into these matters yet by the information of the judicious Knight Sir Alexander Hay his Majesties Secretarie for that kingdome who hath therein given me good light But as touching SCOTLAND what a noble countrey it is and what men it breedeth as sometimes the Geographer wrote of Britaine there will within a while more certaine and more evident matter be delivered since that most high and mightie Prince hath set it open now for us which had so long time beene shut from us Meane while I will come unto the description of places the project that I entended especially GADENI or LADENI UPon the Ottadini or Northumberland bordered as next neighbours the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is GADENI who also by the inversion or turning of one letter upside downe are called in some Copies of Ptolomee LADENI seated in that countrey which lieth betweene the mouth of the river Twede and Edenburgh Forth and is at this day divided into many petty Countries the chiefe whereof are Teifidale Twedale Merch and Lothien in Latine Lodeneium under which one generall name alone the Writers of the middle time comprised all the rest TEIFIDALE TEifidale that is to say the Vale by the river Teifie or Teviat lying next unto England among the edges of high craggie hills is inhabited by a warlike nation which by reason of so many encounters in foregoing ages betweene Scottish and English are alwaies most readie for service and sudden invasions The first place among these that wee meet with is Iedburgh a Burrough well inhabited and frequented standing neere unto the confluence of Teifie and Ied whereof it took the name also Mailros a very ancient Monastery wherein at the beginning of our Church were cloistered Monkes of that ancient order and institution that gave themselves to prayer and with their hand-labour earned their living which holy King David restored and replenished with Cistertian Monkes And more Eastward where Twede and Teifie joine in one streame Rosburg sheweth it selfe called also Roxburg and in old time MARCHIDUN because it was a towne in the Marches where stands a Castle that for naturall situation and towred fortifications was in times past exceeding strong Which being surprised and held by the English whiles James the second King of Scots encircled it with a siege hee was by a peece of a great Ordnance that brake slaine untimely in the very floure of his youth a Prince much missed and lamented of his Subjects As for the castle it was yeelded and being then for the most part of it layed even with the ground is now in a manner quite vanished and not to bee seene The territory adjoyning called of it the Sherifdome of Roxburg hath one hereditary Sheriffe out of the family of the Douglasses who is usually called the Sheriffe of Teviot Dale And now hath Roxburg also a Baron Robert Kerr through the favour of King James the sixth out of the family of the Kerrs a famous house and spred into a number of branches as any one in that tract out of which the Fernhersts and others inured in martiall feats have been of great name Twede aforesaid runneth through the middest of a Dale taking name of it replenished with sheepe that beare wooll of great request A very goodly river this is which springing more inwardly Eastward after it hath passed as it were in a streight channell by Drimlar Castle by Peblis a mercate towne which hath for the Sheriff thereof Baron Zeister like as Selkirk hard by hath another out of the family of Murray of Fallohill entertaineth Lauder a riveret at which appeareth Lauder together with Thirlestan where stands a very faire house of Sir John Mettellan late Chancellor of Scotland whom for his singular wisdome King James the sixth created Baron of Thirlestan Then Twede beneath Roxburg augmented with the river of Teviot resorting unto him watereth the Sherifdome of Berwick throughout a great part whereof is possessed by the Humes wherein the chiefe man of that family exerciseth now the jurisdiction of a Sheriffe and so passeth under Berwick the strongest towne of Britain whereof I have spoken already where hee is exceeding full of Salmons and so falleth into the sea MERCHIA MERCH or MERS MERCH which is next and so named because it is a march country lyeth wholly upon the German sea In this first Hume Castle sheweth it selfe the ancient possession of the Lords of Home or Hume who being descended from the family of the Earles of Merch are growne to be a noble and faire spred family out of which Alexander Hume who before was the first Baron of Scotland and Sheriff of Berwick was of late advanced by James King of great Britaine to the title of Earle Hume Neere unto which lieth Kelso famous sometime for the monastery which with thirteen others King David the first of that name built out of the ground for the propagation of Gods glory but to the great empairing of the Crowne land Then is to be seene Coldingham which Bede calleth the City Coldana and the City of Coludum haply COLANIA mentioned by Ptolomee a place consecrated many ages since unto professed Virgins or Nunnes whose chastity is recorded in ancient bookes For that they together with Ebba their Prioresse cut off their owne noses and lips choosing rather to preserve their virginity from the Danes than their beauty and favour and yet for all that the Danes burnt their monasterie and them withall Hard by is Fast-castle a castle of
albeit it is the Archiepiscopall See and Metropolitane of the whole Iland The Irish talke much that it was so called of Queen Armacha but in mine opinion it is the very same that Bede nameth Dearmach and out of the Scottish or Irish language interpreteth it The field of Okes. But it was named Drumsailich before that Saint Patricke had built there a proper faire City for site forme quantity and compasse modelled out as hee saith by the appointment and direction of Angels That Patricke I say who being a Britan borne and Saint Martins sisters sonne named at his Baptisme Sucat was sold into Ireland where he became Heardman to King Miluc afterwards was named by Saint German whose disciple hee was Magonius as a Nurse-Father out of a British word and by Pope Caelestine Patricius as a Father of the Citizens and by him sent over to catechize Ireland in the Christian faith which notwithstanding some had received there before as wee may gather out of an old Synodall wherein is urged the testimony of Patricke himselfe against that tonsure or shaving of Priests which had beene used before his time in Ireland whereby they were shaven onely on the fore part of the head and not on the Crowne Which manner of shaving he seemeth by way of contempt to father upon a certaine Swineherd of King Lagerius the sonne of Nell and the writers of that age cried out that it was Simon Magus his shaving and not S. Peters In this place about the yeere of our salvation 610. Columbane built a most famous Monastery out of which very many Monasteries afterwards were propagated by his disciples both in Britain and in Ireland Of this Armach S. Bernard thus writeth In honour of S. Patrick the Apostle of Ireland who here by his life time ruled and after death rested it is the Archiepiscopall seat and Metropolitan City of all Ireland and of so venerable estimation in old time that not only Bishops and Priests but Kings also and Princes in generall were subject to the Metropolitane thereof in all obedience and he alone governed them all But through the divellish ambition of some mighty Potentates there was taken up a very bad custome that this holy See should be obtained and held in hereditary succession neither suffered they any to be Bishops but such as were of their owne Clan Tribe and Family Neither prevailed this execrable succession a little but continued this wicked manner for the space well neere of fifteen generations When in processe of time the Ecclesiasticall discipline in this Iland was growne loose so as in townes and cities there were translations and plurality of Bishops according to the will and pleasure of the Metropolitane for reformation of this abuse Iohn Papyrio a Cardinall was sent hither from Pope Eugenius the fourth as a namelesse writer then living wrote in these words In the yeere of our Lord 1142. Iohn Papyrio a Cardinall sent from Eugenius the fourth Bishop of Rome together with Christian Bishop of Lismore Legate of all Ireland came into Ireland The same Christian held a solemne Counsell in Mell at which were present all the Bishops Abbats Kings Dukes and Elders of Ireland By whose consent there were established foure Archbishopricks namely of Armach of Dublin of Cassile and Toam Wherein sate and ruled at the same time Gelasius Gregorius Donatus and Edanus and so the Cardinall bestowing his blessing upon the Clergie returned to Rome For before that time the Bishops of Ireland were wont to be consecrated by the Archbishops of Canterbury in regard of the Primacy which they had in Ireland This did the Citizens of Dublin acknowledge when they sent Gregory elect Bishop of Dublin unto Ralph Archbishop of Canterbury for to be consecrated by these words Antecessorum vestrorum Magisterio c. that is Unto the Magistracy of your Predecessors we willingly submitted our Prelats from which we remember that our Prelats have received their dignity Ecclesiasticall c. which appeareth for certain out of letters also bearing date of greater antiquity namely of Murchertach King of Ireland written unto Anselm Archbishop of Canterbury for the ordaining and enstalling of the Bishops of Dublin and of Waterford likewise of King Gothrich unto Lanfrank his predecessor in the behalfe of one Patrick a Bishop of Lanfrank also unto Therdeluac a King of Ireland unto whom he complaineth That the Irishmen forsake and leave at their pleasure their wedded wives without any canonicall cause and match with any others even such as be neere of kinne either to themselves or the said forsaken wives and if another man with like wickednesse hath cast off any wife her also rashly and hand over head they joine with by law of marriage or fornication rather an abuse worthy to be punished With which vices if this nation had not bin corrupted even unto these daies of ours both the right of lineall succession among them had been more certain and as well the gentry as the communalty had not embrued themselves so wickedly with the effusion of so much blood of their owne kinred about their inheritances and legitimation neither had they become so infamous in these respects among forraine nations But these matters are exorbitant of themselves and from my purpose Long had not that Archiepiscopall dignity and Primacy beene established when Vivian the Popes Legate confirmed the same againe so that their opinion may seeme to be worthy of discredit and refutation who affirme that the Archbishop of Armach had in regard of antiquity the priority and superiour place of the Archbishop of Canterbury in the Generall or Oecumenicall Councells whereas by the first institution hee is by many ages the latter Neither according to the antiquitie of places are the seats in Councels appointed But all Prelates of what degree soever they be sit among their Colleagues according to their owne ordination enstalling and promotion What time as that Vivian was Legate in Ireland Sir Iohn Curcy subdued Armach and made it subject to the English and yet did he no harme then but is reported to have beene very good and bountifull unto the Churchmen that served God there and he re-edified their Church which in our memory was fired and foulely defaced by the rebell Shan O Neale and the city withall so that they lost all the ancient beauty and glory and nothing remaineth at this day but very few small watled cottages with the ruinous walls of the Monastery Priory and Primates palace Among the Archbishops of this place there goes the greatest fame and name of S. Malachy the first that prohibited Priests marriage in Ireland a man in his time learned and devout and who tooke no lesse of the native barbarousnesse of that country than sea fishes saltnesse of the seas as saith S. Bernard who wrote his life at large also Richard Fitz-Ralfe commonly called Armachanus is of famous memory who turned the edge of his stile about the yeere 1355. against
Kingdome The Brehons assisted by certaine Scholars who had learned many rules of the civill and Canon law rather by tradition then by reading gave judgement in all causes and had the eleventh part of the thing adjudged for their fee and the chiefe Lords Marshall did execution These are the principall rules and grounds of the Brehon law which the makers of the Statutes of Kilkenny did not without cause call a lewd custome for it was the cause of much lewdnesse and barbarisme It gave countenance and encouragement to theft rape and murther it made all possessions uncertaine whereby it came to passe that there was no building of houses and townes nor education of children in learning or civility no exercise of trades or handicrafts no improvement or manuring of lands no industry or vertue in use among them but the people were bred in loosenesse and idlenesse which hath beene the true cause of all the mischeifes and miseries in that Kingdome Now forward take with you the observations of the said Good and thus much will I speake before hand for the man that in nothing he shooteth at reproach but aimeth all at truth and speaketh onely of those uncivill and meere Irish that lie shrowded in the utmost coasts and have not as yet suited themselves with civill qualities and conditions And to speake in generall of them all this Nation is strong of bodie and passing nimble stout and haughty in heart for wit quicke martiall prodigall and carelesse of their lives enduring travell cold and hunger given to fleshly lust kind and curteous to strangers constant in love in enmitie implacable light of beliefe greedie of glorie impatient of abuse and injurie and as hee said in old time in all affections most vehement and passionate If they be bad you shall no where meet with worse if they be good you can hardly find better Generally they give unto their children when they come to holy baptisme profane names adding alwaies somewhat to the name taken either from some event or an old wife or else some colour as red white blacke or else from a disease scab and peeldnesse or from one vice or other as theefe proud c. and albeit they be of all men most impatient of reproach yet these noble men of theirs even they that have the letter O prefixed to their names disdaine not those additions The name of the Parent or any of the same kinred then living it is not lawfull to give unto children for they are perswaded that their death is hastened thereby But when the father is dead then the sonne assumeth his name left the name should be lost and if any Ancestour of that name were a redoubted warriour the like prowesse and valour is expected from him This opinion is encreased by their Poets Bardes or Rimers who keepe the exploits of those ancient Progenitours recorded in writing which they peece out with many high praises and fables devised of their owne braine whereby these Rimers or Bards grow rich For new wedded brides and women in childbed thinke themselves discredited if they bestow not upon one of these Praise-praters the best garments they have Mothers after six daies that they be brought a bed companie with their husbands afresh and put forth their young babes to nource They that be of the more noble parentage shall have a number of nources repaire unto them streight waies from far which make suit for the nourcing of the infant and of these foster children they make more account than of their own which they beare And although they are most intemperate by reason of the distemperature of the aire and the moisture both of the ground and of their meates in regard also that all law is exiled and albeit they thinke it is a shame for themselves to give their owne children the breast yet for this their nurcelings sake both man and wife abstaine from carnall company together And if they doe otherwise they entertaine another nource under them at their owne charges And nources there be among them as many well neere as there are young wenches for their servants and to have the suckling of the little child they count a sufficient reward for being naught of their bodies Now if this infant fortune to bee sicke they all to besprinckle it with the stalest urine they can get and for a preservative against all misfortunes they hang about the childrens neckes not onely the beginning of Saint Iohns Gospell but also a crooked naile taken out of an horses shooe or else a piece of a Wolves skin And for that purpose as well nources as infants weare girdles platted of womens haire To their lovers also it is knowne they send bracelets finely wrought of these haires whether their minde is herein of Venus girdle called Cestos I wote not The Foster-fathers take much more paines bestow more goods by farre and shew greater love unto their foster children than they doe to their owne children From them these children not so much by due claime of right receive as by force wrest even with taking stresses and driving away booties apparell maintenance for their pleasures mony wherwith to buy them armour yea and to spend in all kind of their lewdnesse their dowries also and stockes of cattell All those that have been nourced by the same woman love one another more deerely repose greater trust in them than if they were their naturall whole brethren and sisters insomuch as in comparison of these and for their sakes they even hate their naturall brethren and sisters Be they reproved at any time by their own parents they flie to these their foster-fathers and being heartened by them breake out oftentimes even unto open war against their said parents taking instructions from them to all lewd and villanous prankes they become most ungracious and desperate Semblably the nources traine up those maidens which they reare to all obscenity and filthinesse If any of these foster children chance to fall sicke a man would not beleeve how quickly their nources heare of it yea though they dwell many a mile off how pensively they attend and watch by the sicke body night and day To conclude the greatest corruptions of Ireland are thought to spring from these foster-fathers and nources and from nought else That these Irish people are both of an hotter and moisture nature than other nations we may well conjecture And this we gather by their wonderfull soft skin which doubtlesse commeth as well by the nature of the soile as by certaine artificiall bathings and exercise that they use By reason also of the same tendernesse of their muscles they so excell in nimblenesse and flexibility of all parts of the body as it is incredible Given they are to idlenes above all things they reckon it the greatest riches to take no paine and count it the most pleasure to enjoy liberty Delighted they are above measure in musick but especially in the harpe with wire-strings which they
their great charges sought there of late for Alum More Northward lieth that Mona whereof Caesar maketh mention in the mids of the cur as he saith betweene Britaine and Ireland Ptolomee termeth it MONOEDA as one would say Mon-eitha that is if I may be allowed to conjecture The more remote Mona to put a difference betweene it and the other Mona that is Anglesey Plinie MONABIA Orosius MENAVIA and Bede Menavia secunda that is the second Menavia where he termeth Mona or Anglesey Menavia prior that is the former Menavia and calleth them both Ilands of the Britans in which writers notwithstanding it is read amisse Mevania Ninius who also goeth abroad under the name of Gildas nameth it Eubonia and Manaw the Britans Menow the inhabitants Maning and we Englishmen The Yle of Man stretched out just in the mid levell as saith Girald Cambrensis betweene the Northren coasts of Ireland and Britaine about which Isle and namely to whether of the two countries it ought of right to appertaine there arose no small doubt among those in ancient times At length the controversie was taken up in this manner For as much as this land fostered venemous wormes brought over hither for triall adjudged it was by a common censure and doome to lye unto Britain Howbeit the inhabitants both in language and manners come nighest unto the Irish yet so as they therewith savour somewhat of the qualities of the Norvegians It lieth out in length from North to South much about thirty Italian miles but reacheth in bredth where it is widest scarce above fifteene miles and where it is narrowest eight In Bedes dayes it contained in it three hundred families like as Anglesey 96. but now it numbreth seventeene Parish Churches Flaxe and hempe it beareth abundantly it hath fresh pastures and fields by good manuring plenteous of Barley and Wheat but of Oates especially whence it is that the people there eate most of all Oaten bread Store of cattell every where and mighty flockes of sheepe but both their sheepe and other cattell also bee smaller of body there like as in Ireland neighbouring upon it than in England and nothing so faire headed And considering it hath few or no woods at all they use for fewell a kind of clammy turfe which as they are digging out of the earth they light many times upon trees buried under the ground In the middest it riseth up with hils standing thick the highest whereof is Sceafull from whence a man may see on a cleere and faire day Scotland England and Ireland Their chiefe towne they count Russin situate on the South-side which of a castle wherein lieth a Garison is commonly called Castle-Towne where within a little Iland Pope Gregory the fourteenth instituted an Episcopall See the Bishop whereof named Sodorensis of this very Iland as it is thought had jurisdiction in times past over all the Ilands West Irish Iles or Hebrides but exerciseth it now onely upon that Iland and is himselfe under the Archbishop of Yorke Howbeit he hath no place nor voice in the assembly of the States of England in Court of Parliament Duglasse is the best peopled towne and of greatest resort because the haven is commodious and hath a most easie entrance unto which the Frenchmen and other forrainers use to repaire with their bay-salt having trafficke with the Ilanders and buying of them againe leather course wooll and poudred beefe But on the South side of the I le stand Bala-Curi where the Bishop for the most part is resiant and the Pyle a Block-house standing in a little Iland where also there are souldiers in garison Also before the very South point there lyeth a prety Iland called the Calfe of Man wherein are exceeding great store of sea-foule called Puffins and of those duckes and drakes which breeding of rotten-wood as they say the Englishmen call Bernacles the Scots Clakes and Soland geese That which here followeth I will set downe out of a letter which that learned and reverend father in God John Meryk Bishop of this I le wrote unto me This Iland for cattell for fish yea and for corne rather through mens industry than by any goodnesse of the ground hath not only sufficient for it selfe but also good store to send into other countries Yet happier it was for the government thereof as being defended from neighbour enemies by souldiers prest and ready at the expences of the Earle of Darby upon which he employed the greatest part of his yeerely revenue in this Isle All controversies are decided without writings or any charges by certaine Iudges whom they chuse from among themselves and call Deemsters For the Magistrate taketh up a stone and when he hath given it his mark delivereth it unto the plaintiffe who by vertue thereof citeth his adversary and witnesses If there fall out any doubtfull case of greater importance it is referred to twelve men whom they terme The Keyes of the Iland It hath certain Coroners and those they call Annos who stand in stead of Sheriffes and execute their office The Ecclesiasticall Judge doth cite persons and determine causes within eight dayes they stand to his award or they are clapt up in prison They had as I have heard say as a peculiar language of their own so also their peculiar lawes which are signes of a peculiar seigniory Their Ecclesiasticall lawes next after this Canon Law come neerest unto the Civill Upon any Iudge or Clerks of the Court for making of Processe or drawing Instruments the people never bestow so much as one penny As for that which English Writers report of mischiefes done by witchcraft and sorcery it is meere false They that are of the wealthier sort and hold faire possessions and for their good houskeeping and honest cariage are conformable to imitate the people of Lancaster The women whither soever they go out of their doores gird themselves about as mindfull of their mortality with the winding sheet that they purpose to be buried in Such of them as are by law condemned to die are sewed within a sack flung from a rock into the sea They are all of them in this Isle as far from the customary practice of theeving or begging from doore to doore as may be wonderfull religious and most ready every one to entertain the forme of the English Church The disorders as well Civill as Ecclesiasticall of their neighbour nations they detest and whereas the whole Isle is divided into two parts South and North this in common speech resembleth the Scottish the other the Irish. Haply it were worth my labour if I should here insert a little History of this Iland which truth of due demandeth at my hands that so I may keepe alive and in remembrance still the Acts heretofore atchieved which if they bee not buried yet are waxen old and have as it were one foot in the grave of oblivion That the Britans held this Iland as they did all Britaine it is confessed