sometimes declared according to the Law of Tanistry they call him Tanist whether or no from the Danes among whom as among the Northern people of Britain Thane was taken for a person of honour and the King's Officer I cannot positively determine 1 But whereas I have incidently hapned of better observations concerning thus Brehon law and Tanistry dligently collected by Sir John Davis his Majesties Atturney general in Ireland I hope I may with his good leave impart some of them to publick knowedge in his own Words Thâ— several countries or territories possessed by the Irishry were in number 60 and upwards and some being greater and sore less did in extent and scope of land contain two parts of the Kingdom at least In every one of these countries there was a chief Lord or Captain and under him a Tanist which was his successor apparent both these were elected of the country who commonly made choice of such as were most â—ctive and had most sword men and followers depending upon him The chief Lord had certain Lands in Demesne which were called his Log tii or mensall lands in Dâ—or lomâ—sne where he placed his principal Officers namely his Brehon his Marshal his Cup-bearer his Physitian his Surgeon is Chronicler his Rimeâ— and others which offices and professions were hereditary and peculiar to certain septs and families He had also small râ—ts of money and Cows and customary duties of Oatmeal butter and the like out of the lands in the Country except the lands of the Church aâ—d such of his kinsmen and followers to whom he granted a special discharge or freedom Besides he had a general tallage or cutting high or low tâ— his pleasure upon all the inheritance which he took commonly when he made war either with his neighbours or against the Crown of England or made a journy to the state or gave any entertainment so as the whole profits of the Country were at his disposition when he listed and so â—ade the inhabitants like the villains of England upon whom their Lords had power Tallier Haut and Bas as the Phrase of our Law is whereupâ— the English call this kind of exaction by the name of cutting This chief Lord had his Cosharies upon his tenants that is he and his would lye â—pon them until they had eat up all their provisions He would likewise employ upon them his horsemen his kernes his horse boys his dogs boys aâ—d the like to be fed and maintained by them which kept the poor people in continual slavery and beggery The Tanist had also a special portiâ— of land and certain Chiefry proper to the â—anist and within the limits of his portion he had also his cuttings and his Coshiries The rest of tâ— land being distributed among several sâ—pts every sept had a Chief or Canfinie as they called him with a Tanist of that sept both which were châ—n by the chief Lord or Captain of the Country and had likewise their several portions and Chiefries These Captainships or Chiefries were not pâ—table but were entirely enjoyed by such as were elected thereunto All the rest of the lands except the portions of the Cheifs and Tanists descend in course of Gavelkind and were portable among the Males only in which division the Bastards had their portions as well as the legitimate For offences and matters criminal none was so hainous or of so high a nature as that it was capital for treason against the chief Lord and under were fineable the fine they called an Ericke which was assessed by the Lord and his Brehons In case of treason the Lord had all the fine in case of murder the Lord had one moiety and the kindred of the party slain the other moiety so as they never forfeited their possessions or the lands for any offence Howbeit their lands were seized by the Lord for their fines until the same were levied thereupon and then restored Râ— was finable in like sort but theft deserved praise and reward if the stealth were brought into the country because the Lord had a share and â— country thereby became the richer But the theft committed in the country and carried out if the thief were apprehended before his friend madffer of his fine he was commonly punished with death But the Lord in that case might take an Erick if he would Upon the stealth of any caâ—oe if the owner followed the tract wherein the Irish are incredible cunning insomuch as they will find the same by the bruising of a grass in the mmer time if the party unto whose land the tract is brought cannot make it off to some other land he is to answer the stealth to the owner nd this being an Irish law or custom is at this day observed both by the English and Irish the same being ratified by an Act of Council in the â—rl of Sussex his government as fit and necessary for that Kingdom The Brehons assisted by certain Scholars who had learned many rules of the â—il and Canon Law rather by tradition than by reading gave judgment in all causes and had the eleventh part of the thing adjudged for the fee and the chief Lord's Marshal did execution Thâ—se are the principal rules and grounds of the Brehon law which the makers of the Statutes Kilkenny did not without cause call a lewd custom for it was the cause of much lewdness and barbarism It gave countenance and encouragement to theft rape and murder it made all possessions uncertain whereby it came to pass that there was no building of houses and towns nor educatâ— of children in learning or civility no exercise of trades or handicrafts no improvement or manuring of lands no industry or virtue in use amoâ—â— them but the people were bred in looseness and idleness which hath been the true cause of all the mischiefs and miseries in that Kingdom But now take the observations of the foresaid Good in favour of whom I cannot but take previous notice that there is nothing in them malicious and partial but all fair and candid and that they are only to be understood of the wild and native Irish who are as yet unreformed and skulk up and down in the remoter parts of the country These people are generally strong bodied nimble bold haughty quick warlike venturesome hardy whether in labour or in want lustful pretty civil in their entertainments constant in their affections implacably malicious credulous ambitious quarelsome in case of an affront or injury and according to their old character violent in all their affections the bad among them are not to be match'd nor the good to be excell'd They commonly baptize their children by prophane names adding somewhat from one accident or other from some old woman's tattle from colours as red white black c. from distempers as scab'd bald c. or else from some vice as Robbery or pride and though they cannnot bear reproach yet the greatest among them such as have the letter O
and Lancaster was much diminish'd they still resolutely adhering to the Lancastrians Thomas 16 Taken at Towton-field was beheaded at York and Henry his brother who succeeded underwent the same punishment 7 years after at Salisbury 9 Edâ—â— And altho' K. Edw. 4. created 17 Sir Humfrey Stafford Lord Stafford of Suthwick Earl of Devonshire 18 Who within three months revolting from King Edward his advancer most ingratefully was appâ—â—hended and without process executed at Bridgwater who dy'd that same year yet John Courtney the youngest brother would never part with this Title till he lost his life in Tewkesbury-fight From henceforward this family lay extinct in a manner for a long time yet under Hen. 7. it re-flourish'd who restor'd Edward Courtney the next heir male to the honours of his Ancestors He had a son William Earl of Devonshire who marry'd Catharine the daughter of Edw. 4. by whom he had Henry Earl of Devonshire who was also Marquess of Exeter and beheaded in Hen. 8.'s time His son Edward being restor'd to all again by Queen Mary a noble young gentleman of great hopes dy'd in his greener years at Padua in Italy for to use the words of Quadrigarius The best men are still the shortest liv'd In the 46. year after his death Charles Blunt Lord Montjoye Vice-Roy of Ireland 19 Which title he affected as descended from a Cousin and heir of Humfrey Stafford Earl of Devonshire a man not only of ancient and noble extract but famous for his conduct and learning for having recover'd Ireland and reduc'd it to its former state by driving out the Spaniard and either defeating the rebels or forcing them to submit 1â— was by King James created Earl of Devonshire advanc'd to many other honours and by the bounty of the King rais'd to great riches but envious death soon interrupted his enjoyment of this wealth and honor 20 Which he enjoy'd as few years as his predecessor Humfrey Stafford did months ADDITIONS to DEVONSHIRE AS England draweth nearer the East it encreases considerably in breadth Devonshire the very next County to that narrow horn of Cornwall being 54 miles broad and 61 long It has in it abundance of rivers more perhaps than any other County in England and bridges to the number of 166 according to the generall computation That the Romans were in possession of this County appears from the Fosse-way crossing it and from Roman Coyns digg'd up in several places As a gold coyn of Nero in Exeter and another of Theodosius at a place near Barnstaple several silver coyns also of Severus and other Emperors and of brass a great many The West-Saxons made it for some time the seat of their Kingdom and after their removal thence committed it to the custody of the Earls which were at that time Officiary The Danes mightily infested it and left behind them on several high hills a rude kind of fortification commonly call'd Danes-castle a Our Author observes that 't is much enrich'd with Tinn-mines â—â—nn-mines and it has certainly in former ages been very considerable for them An evidence whereof are the four Stannaries or Jurisdictions with as many Stannary-Courts and towns of Coynage viz. Plympton Tavistoke Ashburton and Chagford By these are chosen from time to time at the direction of the Lord-Warden certain Jurates to meet in a general Session of Parliament at Crockern-Torr a high hill in the midst of Dartmore This Parliament has power to make Laws touching the state of the Mines and Stannaries a volume whereof was printed in Q. Elizabeth's time the Earl of Bedford then Lord-Warden Now such regular Courts and Proceedings give us an estimate of what great quantities of tinn must have been formerly digg'd up here the regulation whereof should require so much solemnity Besides it expresly appears as was observ'd in Cornwall that in K. John's time Devonshire produc'd greater store of tinn than that County the Coynage of this being set to farm for 100 l. yearly and that only for 100 marks But now Cornwall has almost the whole trade and tho' they still work in some parts of this County it amounts to nothing considerable There were formerly in Devonshire mines also of gold and silver Sâ— l. Pet. â—â—d Reg. as appears from several Grants made by K. Edw. 3. and other Kings with a reservation of the Tenths to the Church Iron-mines have been discover'd too but for want of fuel and for some other reasons they are not yet wrought to perfection Mineral Chalybiate waters are at Cleave Tavistoke Lamerton Lifton and other places in this County The Devonshire Tinners are not under the Lord-Lieutenant of the County but form a separate Militia by themselves b The dearness of the sand mention'd by Mr. Camden by which they improve their ground has I suppose in some places put them under a necessity of using marle â—â—me and the turf of the ground skinn'd off and burnt to ashes a method of Agriculture very agreeable to â—1 George Virgil's rule Saepe etiam steriles c. With crackling flames to burn the barren earth Has oft produc'd an advantageous birth Whether an higher nutriment it get And secret vigour from the genial heat Or ' cause the noxious dregs being purg'd by fire The useless juices in moist fumes perspire Or that the heat relax the stubborn mass And find new ways for nourishment to pass And feed the tender plants or make It hard so that it no impression take From the soft Courtship of descending showers Or from the sun's or wind 's more active powers c To go along now with our Author Lidford Lidford he tells us was formerly a famous town We find it had in the Conqueror's time 140 Burgesses and to argue of what importance it was the custody of the castle here was committed from time to time to persons of the greatest quality Whatever were the causes of it's decay the Mayoralty of it is now lost and whereas it sent Burgesses to Parliament it was discharg'd from that obligation propter paupertatem i.e. in consideration of it's poverty From Lidford two or three miles Westward stands Brent Torr Brent-Torr a name signifying a high rocky place On the top of this high hill is a Parish-Church dedicated to S. Michael a famous sea-mark And hard there is a village nam'd the Gubbins The Gabbins the inhabitants whereof are by mistake represented by Fuller in his English Worthies as a lawless Scythian sort of people d Farther down the river is Tavistoke Tavistoke where the school in which the Saxon tongue was taught is still in being and as I have heard there was also in the beginning of the late Civil wars a Saxon-Grammar printed in Tavistoke Upon the same design to preserve that ancient Language and to promote the Antiquities of our own kingdom Sir Henry Spelman founded a Saxon-Lecture in Cambridge which is now come to nothing And a very learned
hand-habend i.e. having his hand in or being in the very act of stealing or back-berond i.e. having the thing stoln either upon his back or somewhere about him without giving any probable account how he came by it or lastly confesson'd owning that he stole the thing for which he was accused The cause therefore must be only theft and that manner of theft only which is call'd furtum manifestum grounded upon some of the foresaid evidences The value of the thing stoln must likewise amount to above 13 d. ob for if the value was found only so much and no more by this Custom he should not dye for it He was first brought before the Bailiff of Halifax who presently summon'd the Frithborgers within the several Towns of the Forest and being found guilty within a week was brought to the Scaffold The Ax was drawn up by a pulley and fasten'd with a pin to the side of the Scaffold If it was an horse an ox or any other creature that was stoln it was brought along with him to the place of execution and fasten'd to the cord by a pin that stay'd the block So that when the time of execution came which was known by the Jurors holding up one of their hands the Bailiff or his Servant whipping the beast the pin was pluckt out and execution done But if it was not done by a beast then the Bailiff or his Servant cut the rope But the manner of execution will be better apprehended by the following draught of it Printed for â— Sold By F Bentley in Halifax A A. The Scaffold B. The piece of wood wherein the Axe is fix'd C. The Axe D. The Pulley by which the Axe is drawn up E. The Malefactor who lyes to be beheaded F. The pin to which the Rope is ty'd that draws up the Axe o On the other side of the Calder is Cambodunum Cambodunum which probably was built most of wood there being no manner of appearance of stone or brick The fire that burnt it down seems to have been exceeding vehement from the cinders which are strangely solder'd together One lump was found of above 2 foot every way the earth being melted rather than burnt But Mr. Camden's guess at a burning there from the blackness of the stones in the buildings is groundless for the edges of them are so in the Quarry which is half a mile off and so deep that for fire to reach them there is impossible p Next the Calder goes to Wakefield Wakefield where by the noble charity of the pious Lady Campden is a weekly Lecture endow'd with fourscore pounds per An. The other for she left three thousand pounds to Trustees for the founding two Lectures in the north of England is at Grantham Upon the light hand of the high-way leading from Wakefield to Sandal there is a small square plot of ground hedg'd in from a Close within which before the war between K. Charles and the Parliament there stood a Cross of stone where Richard Duke of York was slain The owners are oblig'd by the tenure of the land to hedge it in from the Close The carved work of stone upon the Chapel built by King Edward 4. on the bridge hath been very beautiful but is now much defac'd The whole structure is artificially wrought about ten yards long and six broad Dâ—â—tâ—n At some distance from hence is Darton of the Beaumonts of which Mr. George Beaumont a Merchant left 500 l. for the founding a Free-school in this place of his nativity as much to poor Ministers 150 l. to the poor of London 50 l. to York 30 l. to Hull with a considerable estate amongst his relations Farther from the Calder lyes Burton-grange Burtâ—â—-grangâ— where the no less religious than honourable Lady Mary Talbot second daughter and coheir of Henry Talbot fourth son of the illustrious George Talbot Earl of Shrewsbury erected an Hospital for six poor widows each of which have 40 s. and a Gown every year She built also and endow'd two other Hospitals in other Counties during her life and at her death An. 1675. left 40 l. per An. for 99 years to be put to such like uses More to the south is Stainbrough Stainbrough where Henry Edmunds Esq has generously built a good house for the Minister and Mr. Walker late Master of University-College has annex'd a Library to the school Two miles from Howley is Drighlington D ighliton memorable only for the nativity of Dr. James Margetson late Archbishop of Armagh who founded here a school and endow'd it with 60 l. per An. q The river Are our next guide runs to Skipton Skiptâ—n where lye interr'd several of the Cliffords particularly George third Earl of Cumberland honour'd with the Garter by Queen Elizabeth and famous for his sea-services performing * Inscâ—â—pâ—â—on in Sâ—â—â—ton Caâ—â—â— nine Voyages in his own person most of them to the West-Indies being the best born Englishman that ever hazarded himself in that kind He died 30 Oct. 1605. leaving one only daughter Anne Countess of Pembroke Dorset and Montgomery an eminent benefactor born 30 Jan. 1589 90. at Skipton-Castle in Yorkshire wherein I am the more particular because Dr. Fuller in his Worthies Com. West p. 140. out of a mistake says 't was in Hertfordshire She built from the ground or considerably repair'd six ancient Castles one of which Brough had lain 140 years desolate after the fire had consum'd it An. 1520. Another See the â—â—ditioâ—â— Wâ—stmâ—land Pendragon-castle of which our Author tells us nothing remain'd in his time but the bare name and an heap of stones 320 years after the invading Scots under their King David had wasted it An. 1341. She built also seven Chapels or Churches with two stately Hospitals richly endow'd and died 22 March A. D. 1675. This Country Craven hath given the title of Earl to William Craven Baron of Hampsted Marshal created Earl of Craven Mari 16. An. 16 Car. 2. From hence the Are passeth by Thornton the seat of Richard Thornton Esq to Rawdon Rawdon famous for Sir George Rawdon a most accomplish'd person who with 200 or fewer British most valiantly repulsed Sir Philim o Neile at the head of an army of about 7000 rebels assaulting Lisnegarvy now Lisburn in Ireland in that grand massacre 1641. wherein thousands of Protestants were most cruelly murder'd There now resideth Henry son of Francis Layton Esquire who in pursuance of his said father's will has built there and endow'd with 20 l. per an a Chapel which was consecrated by Archbishop Dolben 4 May 1684. r Upon the same river is Leeds Leeds possibly from the Saxon Leod gens natio implying it to have been very populous in the Saxon times which town and parish King Charles 1. by Letters Patents 13 July second of his reign incorporated under the government of one chief Alderman nine Burgesses and twenty Assistants Sir John Savil afterwards Lord