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
see And on the other Hoc Anglis signo Regem fatearis eundem By this a King to Englishmen acknowledge him to be Moreover as William of Malmesburie doth report In imitation of Caesars policy who expelled the Germans lying hidden within that huge forrest Ardenna and by many asallie from thence annoying his armie not by the helpe of his owne Romans but by the Gaules his confederates to this end that whiles strangers and aliens killed one another himselfe might triumph with their bloud-shed the very same course I say did William take with the English men For against certaine of them who upon the first battell of that infortunate man Harold were fled into Denmarke and Ireland and returned with a puissant armie in the third yeere after he opposed meere English forces and an English generall permitting the Normans to sit still and keepe holiday foreseeing heereby and providing for his owne great easement whether of them soever should have the better Neither was he in this point frustrate of his purpose For the English having thus a prettie while skuffeled and skirmished one with another in the end rendred up the entire Victorie to the King without his paines taking And in another place Having undermined and quite overthrowne the power of the Laimen he provided by a sure and irrevocable edict to suffer no Monke or Clerke of the English Nation to endevour for to get any dignitie much disagreeing herein from the clemencie and gentlenesse of King Cnuto in times past who gave unto those that he conquered all their honours entire And hence it came to passe that when hee was once dead the naturall Inhabitants of the countrey upon light occasions fell to driving out of strangers and recovered unto themselves their ancient right and freedome When he had brought this to passe above all things hee laboured to turne away the storme of the Danish wars that hung over his head and to purchase peace though it were with round sums of mony Wherein he used Adelbert Archbishop of Hamburgh as his Instrument For Adam Bremensis writeth thus Betweene Suen and the Bastard there was continuall strife about England although our Bishop being greased in the hand with Williams bribes would have concluded a firme peace betwixt the Kings Which may seeme also to have beene established for since that time England was never any whit afraid of the Danes And William verily betooke himselfe wholly to the defence and maintenance of his Imperiall dignitie and to governe the state by excellent lawes For as Gervase of Tilburie writeth When the renowned Conqueror of England King William had subdued the farther coasts of this Island under his dominion and throughly tamed the stomacks and hearts of rebels by terrible examples lest that from thenceforth they should licentiously run into errour and commit trespasse he determined to reduce his subjects under the obedience of positive and written Lawes Having therefore all the lawes of England laid before him according to the Tripartite Division whereby they were distinguished that is to say Merchenlag Denelag and Westsex-enlag when hee had rejected some of them and allowed of others he adjoyned thereto those Lawes of Neustria beyond the seas which seemed most effectuall to preserve the peace of his Kingdome Afterwards as mine Author Ingulphus saith who flourished in those daies He commanded every Inhabitant of England to doe him homage and to sweare fealtie to him against all men He tooke the survey and description of the whole Land neither was there an Hide of England through but he knew both the value and the owner thereof there was neither plash nor place but set it was in the Kings Roll and the rent revenue and profit thereof the very tenure of possession and possessour himselfe was made knowne to the King according to the credit and true relation of certaine Taxers who being chosen out of every country did put downe in writing the territorie properly belonging thereto And this Roll was called the Roll of Winchester and by the Englishmen for the generalitie thereof because it contained fully and exactly all the tenements of the whole Land named Domesday I have beene more willing to make mention of this booke because it is to be cited alleaged often times hereafter which booke also it pleaseth me to name Gulielmi librum Censualem that is The Tax-booke of William Angliae Notitiam that is The Notice of England Angliae commentarios Censuales that is The Taxe Register or Sessing booke of England and Angliae Lustrum that is the Survey of England But whereas Polydore Virgill writeth how William that Conqueror first brought in the Triall or Iudgement of twelve men there is nothing more untrue For most certaine it is and apparant by the lawes of Etheldred that it was in use many yeares before Neither hath he any cause to terme it a terrible Iudgement For these 12. free-borne and lawfull men are duely by order empannelled and called forth of the Neighbourhood these are bound by oath to pronounce and deliver up their Verdict de facto they heare the counsell pleading in courts on both sides before the Bench or Tribunall and the disposition of witnesses then taking with them the evidences of both parties they are shut up together and kept from meat drinke and fire unlesse haply some one of them be in danger of death thereby so long untill they be all agreed of the fact which when they have pronounced before the Judge hee according to right and law giveth his definitive sentence For this manner of triall our most sage and wise Ancestours have thought the best to finde out the truth to avoid corruption and cut off all partialitie and affections Now as touching martiall prowesse how much the Normans excelled therein let others tell this may suffice for me to have said thus much that being planted among most warlike nations they alwaies saved themseves not by obsequious basenesse but by force of armes and founded most noble Kingdomes in England and Sicilie For Tancrede nephew unto Richard the second of that name Duke of Normandie and his posteritie atchieved brave exploits in Italie and having compelled the Sarazens to flie out of Sicilie erected a Kingdome there Whereupon the Sicilian Historiographer doth freely acknowledge that the Sicilians are beholden unto the Normans for that themselves remaine still in their native soile live in freedome and continue Christians Likewise in the holy Land their martiall prowesse hath been seen with singular commendation Hence it is also that Roger Hoveden writeth in these termes Bold France having made triall once of the Normans warfare durst not peepe out Fierce England being conquered yielded as captive unto them Rich Apulia falling to the lot of their possession flourished a fresh Famous Ierusalem and renowned Antioch were both subdued by them And ever since their comming England as well for martiall honour as civill behaviour hath among the most flourishing Kingdomes of
faithfull Knights or upon the faith of a Knight how far they were from base gaine and lucre and what manner of paiment or Aid is to be levied for Knights fees when as the Prince the Kings eldest son should be invested in this honour c. I leave it for others to write as also when they had so far offended that being to suffer death therfore they were first dispoiled of their ensignes and of their degree to wit their militarie Girdle ungirted the Sword taken away their Spurs cut off with an hatchet their Gantlets or Gloves plucked from them and the Escutcheon of their Armes reversed like as in the degrading Ecclesiasticall order all the Ecclesiasticall ornaments booke chalice such like are taken away Let the curious also enquire whether those knights were truly by some termed Knights Bachelars or whether Bachelars were of a middle degree between these Knights and Esquires For in the Kings Record are read The names of Knights of Bachelars and of Valects of the Earle of Gocester and of others Whereupon there be that would have Bachelars so called as one would say Bas-Chevaliers that is knights of low degree although other derive that name from the French verbe Battailer which signifieth to combate or fight it out Withall let them weigh and consider whether these dignities of knighthood in times past so glorious as long as they were more rare and bestowed onely as the reward of vertue may not be vilified when it becommeth common and lieth prostitute as it were to the ambitious humour of every one Whereof in the like case Aemilius Probus complained long since among the Romans Next in degree after these Knights are Esquires termed in Latine Armigeri that is Costrels or Bearers of Armes the same that Scutiferi that is Shield-bearers and Homines ad arma that is Men at Armes the Goths called them Schilpor all of carrying the shield as in old time among the Romans such as were named Scutarii who tooke that name either of their Escutcheons of armes which they bare as Ensignes of their descent or because they were armour-bearers to Princes or to the better sort of the Nobilitie For in times past every Knight had two of these waighting upon him they carried his Morrion and shield as inseparable companions they stuck close unto him because of the said Knight their Lord they held certaine lands in Escutage like as the knight himselfe of the King by knights service But now a daies there be five distinct sorts of these for those whom I have spoken of already be now no more in any request The principall Esquires at this day those are accounted that are select Esquires for the Princes bodie the next unto them be knights eldest sonnes and their eldest sonnes likewise successively In a third place are reputed younger sonnes of the eldest sonnes of Barons and of other Nobles in higher estate and when such heires male faile togither with them the title also faileth In a fourth ranke are reckoned those unto whom the King himselfe together with a title giveth armes or createth Esquires by putting about their necke a silver colar of SS and in former times upon their heeles a paire of white spurres silvered whereupon at this day in the West part of the Kingdome they be called White-spurres for distinction from Knights who are wont to weare gilt spurres and to the first begotten sonnes onely of these doth the title belong In the fifth and last place bee those ranged and taken for Esquires whosoever have any superiour publike office in the Common-weale or serve the Prince in any Worshipfull calling But this name of Esquire which in ancient time was a name of charge and office onely crept first among other titles of dignitie and worship so farre as ever I could observe in the raigne of Richard the Second Gentlemen or the common sort of Nobilitie bee they that either are descended of worshipfull parentage or raised up from the base condition of people for their vertue or wealth Citizens or Burgesses be such as in their owne severall citie execute any publike office and by election have a roome in our High Court of Parliament Yeomen are they whom some call Free-borne or Free-holders and our law termeth Homines Legales that is Lawfull men and who of Free-hands may dispend fortie shillings at least by the yeare Lastly Craftsmen Artisans or Workemen be they that labour for hire and namely such as sit at worke Mechanicke Artificers Smiths Carpenters c. Which were termed of the Romans Capite censi as one would say Taxed or reckoned by the poll and Proletarii LAVV COVRTS OF ENGLAND AS touching the Tribunals or Courts of Justice of England there are three sorts of them among us for some bee Ecclesiasticall others Temporall and one mixt of both which being the greatest and most honourable of all is called by a name of no great antiquitie and the same borrowed out of French The Parliament The Anglo-Saxons our ancestours termed it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is An assembly of the wise and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is A Counsell and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the Greeke word Synodus that is A great Synod or meeting The Latine writers of that and the ensuing age called it Commune Concilium Curiam altissimam Generale placitum Curiam magnam Magnatum Conventum Praesentiam Regis Praelatorum Procerumque collectorum Commune totius Regni Concilium c. That is The Common councell The Highest court The Generall Plea The Great court The meeting of States The Presence of the King Prelates and Peeres assembled together The Publike Councell of the whole Kingdome c. And like as the Generall Councell of all Etolia is named by Livie PANAETOLIUM so this may well be termed PANANGLIUM For it consisteth of the King the Clergie the superior Nobles the elect Knights and Burgesses or to speake more significantly after the Lawyers phrase of the King the Lords Spirituall and Temporall and the Commons which States represent the body of all England It is not held at set and certaine times but summoned by the King at his pleasure so often as consultation is to be had of high affaires and urgent matters that the Common weale may sustaine no damage at his will alone it is dissolved Now this Court hath soveraigne and sacred authoritie in making confirming repealing and expounding Lawes in restoring such as be attainted or outlawed to their former estates in deciding of the hardest controversies betweene private persons and to speake at a word in all causes which may concerne either the safetie of the State or any private person whatsoever The next Court after this in the daies presently following the Normans comming and some good while after was The Court of the King himselfe and the same kept in the Kings house or Palace accompanying the King whither so ever he retired or went in progresse
Chancellor of England is void by death the Kings three great Seales to wit one of gold and other two of silver which remained in the custodie of the Chancellor presently after his death are shut up in a wooden chest fast locked and signed with the Seales of the Lords then present and so conveied into the Treasurie From thence brought they are to the King who in the presence of many Noblemen delivereth them into the hands of him that shall be Chancellor and undertaketh the charge of executing the Office of Chancellorship taking before an oath of him well and truely to exercise the same first he delivereth the great Seale of silver then that of gold and so the other of silver who receiving the same bestoweth them againe in the chest and being signed with his owne Seale conveieth it home to his owne house and before certaine of the Nobilitie causeth the Kings Patents and writs to be Sealed When a Chancellor is discharged of his place he delivereth up into the Kings hands in the presence of the Lords and Nobles those three Seales first the Seale of gold then one broad Seale of silver and so another of a lesse forme Howbeit at this day one Seale and no more is delivered unto the Chanchellor neither is there mention any where made of these three Seales but in the raigne of Henry the Sixth To this Chancellors Office in processe of time much authoritie and dignitie hath been adjoyned by authoritie of Parliament especially ever since that Lawyers stood so precisely upon the strict points of Law and caught men with the traps and snares of their law termes that of necessitie there was a Court of equitie to be erected and the same committed to the Chancellor who might give judgement according to equitie and reason and moderate the extremitie of law which was wont to bee thought extreme wrong In this Court there sitteth as President the Lord Chancellor of England and as assessors or assistants to him twelve Masters of the Chancerie whereof the chiefe and principall is the Keeper of the Rolls belonging to the same Court and thereupon he is called Master of the Rolles There belong also to this Court very many Officers of whom some attend especially upon the Kings Seale namely The Clerke of the Crown The Clerke of the Hanaper The Sealer The Chauff-wax The Controller of the Hanaper Cursitours twenty foure A Clerke for the writs of Sub-poena Others are attendant upon Bils of complaint there exhibited to wit A Protonotarie sixe Clerkes or Atturnies of the Court and a Register There belong also thereto the Clekes of the Petty Bag The Clerke of Presentations The Clerke of Faculties The Clerke for examination of Letters Patents The Clerke for dimissions c. There is another Court also derived out of the Kings Privie Counsell called The Court of Requests which giveth hearing likewise as in the Chancerie to causes betweene private persons but such as before are presented unto the Prince or his Privie Counsell as also to others In this are employed certaine Masters of the Requests and a Clerke or Register with two Atturneys or three But as touching those Counsels held in the Marches of Wales and in the North parts wee will speake with the leave of God in their due place As for Ecclesiasticall or Spirituall Courts there be two principall to wit The Synode which is called The Convocation of the Clergie and is alwaies kept with the Parliament and the Provinciall Synods in both Provinces After these are reckoned the Archbishop of Canterburies Courts to wit The Court of the Arches wherein sitteth as Judge the Deane of the Arches He is called Deane for that he hath jurisdiction in xiij Parishes of London exempt from the Bishop of London which number maketh a Deanrie and Deane of the Arches because the principall of his Churches is S. Maries Church in London the tower steeple or lanterne whereof is beautifully built of arched worke He hath to doe with appeales of all men within the Province of Canterburie Advocates there bee in this Court xvj or more at the pleasure of the Archbishop all Doctors of the Law two Registers and ten Proctours The Court of Audience which entertaineth the complaints causes and appeales of them in that Province The Prerogative Court in which the Commissarie sitteth upon Inheritances fallen either by the Intestate or by will and testament The Court of Faculties wherein there is appointed a chiefe President who heareth and considereth of their grievances and requests that are petitioners for some moderation and easement of the Ecclesiasticall law sometimes over-strict and rigorous and a Register beside who recordeth the Dispensations granted The Court of Peculiars which dealeth in certaine Parishes exempt from the Bishops jurisdiction in some Diocesses and are peculiarly belonging to the Archbishop of Canterburie Other Courts of meaner account I willingly overpasse Neither doe I wisely I assure you thus to entermeddle heerein and yet Guicciardine in his Description of the Neatherlands hath given me a precedent hereof to follow Heere in this place my purpose was to have interserted somewhat so farre forth especially as concerned antiquitie as touching the chiefe Magistrates and highest Offices of England as namely The Lord Chancellor aforesaid The Lord Treasurer The President of the Counsell The Lord Keeper of the Privie Seale The Lord high Chamberlain The Lord high Constable The Mareschall and Seneschal or Steward of the Kings houshold c. But understanding that others were in hand with these matters so farre am I from preventing them that right willingly I shall impart even to them whatsoever in this behalfe I have observed Some man perhaps heere looketh that I should out of Astrologicall rules adde to to the rest under what Signe and Planet our Britaine is seated And verily I will say somewhat to satisfie the Curious for in those learned errors I have I may tell you in my youth taken some paines although the Conjecturers of Astrologers touching this point are so divers that the very diversitie may seeme to weaken the thing it selfe and leave no place for the truth M. Manilius an ancient Poet in this verse of his seemeth to intimate that Capricorne heere beareth rule in Britaine Tu Capricorne regis quicquid sub Sole cadente Expositum Thou Capricorne doest governe all That lies to Sun at his down-fall Ptolomee Albumazar and Cardane doe make Aries our Tutelar Signe Iohannes de Muris the Planet Saturne The Frier Perscrutator Esquidus and Henrie Silen the Moone for that as they say it is in the seventh Climate Roger of Hereford Thomas of Ravenna Philologus and Hispalensis are of opinion Pisces governe us and last of all Schonerus and Pitatus see how they all disagree have with no better reason than the rest subjected us unto Gemini Now will I by Gods assistance make my perambulation through the Provinces or Shires of Britaine wherein according to the Preface that they
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
watereth Eovesham so called as the Monkes write of one Eoves Swinheard to Egwin Bishop of Worcester whereas before time the name of it was Eâ—th-home and Heath-field A very proper Towne situate upon an hill arising from the River in the Suburb as it were whereof was sometime Bengeworth Castle at the Bridge head which Castle William de Audevill the Abbot recovered by law against William Beauchamp utterly rased it and caused the place to be hallowed for a Church-yard A Towne this is well knowne by reason of the Abbay which that noble Egwin with the helpe of King Kenred the sonne of Wolpher King of the Mercians founded about the yeere of our Lord 700. knowne likewise for the vale under it named thereof The Vale of Evesham which for plentifull fertility hath well deserved to be called the Garnary of all these countries so good and plentifull is the ground in yeelding the best corne aboundantly But most knowne in elder time by occasion of the great overthrow of the Barons and our Catiline Simon Montfort Earle of Leicester For this man being of a lewd disposition and profound perfidiousnesse hath taught us that which another truly said That good turnes are so long acceptable as they may be requitable For when King Henry the Third had with full hand heaped upon him all the benefits he could yea and given him his owne sister in marriage what other fruit reaped he of his so great bounty but most bitter and deadly hatred For he raised a most dangerous Warre hee spoiled shamefully a great part of England under pretense of restoring the common wealth and maintaining liberty neither left he any thing undone to bring the King under to change the State and of a Monarchy to bring in an Oligarchy But in the end after that fortune had for a good while favourably smiled upon him he was slaine at this place with many others of his complices by the prowesse of Prince Edward and forthwith the sinke of lawlesse rebels being as it were pumped and emptied out of the common weale joyfull peace which hee had banished shone againe most comfortably on every side Upon the same River hard by standeth Charleton the possession sometime of the ancient family of Hansacres Knights but now of the Dinleies or Dingleies who being descended from that ancient stocke of the Dinleies in Lancashire came unto this by hereditary succession More beneath in the primitive Church of our English Nation there was another place wherein religious men lived to God then called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 now Flatbury and neere unto it Pershor in the English Saxons language 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 taking the name from Peares which as we reade in that worthy Historiographer William of Malmesbury Egelward Duke of Dorset a man bearing no nigardly minde but exceeding liberall founded and finished in King Eadgars time But what detriment hath it sustained one part of it the ambition of the rich seized upon another part oblivion hath buried but the greatest portion King Edward the Confessour and King William bestowed upon the Church of Westminster Then receiveth Avon a Riveret from the North upon which standeth Hodington a seat of the Winters out of which were Robert Winter and his brother Thomas who when as they were of the hellish damned crew in the Gunpowder Treason let their memory lie damned From thence Avon running gently downe by Strensham the habitation of the Russels Knights by degree of ancient descent in the end out-ladeth his owne streame into Severn Neere to these places on this South side is Oswaldslaw Hundred so called of Oswald Bishop of Worcester who obtained it for himselfe of King Eadgar The immunity whereof when William Conquerour made a Survey and taxation of all England was registred in the Domesday booke after this manner The Church of Saint Mary of Worcester hath the Hundred called Oswaldslaw wherein lye 300. Hides out of which the Bishop of the same Church by ancient order and custome hath all the revenewes of Soches and all customes or duties there appertaining to the Lords victuall and the Kings service and his owne so that no Sheriffe may hold there any action or suit neither in any plea nor in any other cause whatsoever This witnesseth the whole County A place there is about this Shire but precisely where it should be is not certainly knowne called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Augustines Oke at which Augustine the Apostle of the Englishmen and the Bishops of Britaine met and after they had disputed and debated the matter hotely for a good while touching the celebration of Easter preaching Godâ— Word also to the English Nation and of administring Baptisme according to the rites of the Roman Church in the end when they could not agree they departed on both sides with discontented mindes upon their dissenting opinions This Province since the Normans comming in had for the first Sheriffe Vrsus or Vrso de Abtot unto whom and his heires King William the Conquerour granted that office together with faire and large possessions After him succeeded his sonne Roger who as William of Malmesbury the Historiographer reporteth enjoying his fathers possessions through the high displeasure and indignation of King Henry the first was disseized thereof because in a furious fit of anger hee had commanded one of the Kings Officers to be killed But this Sheriffedome was by Emeline this Rogers sister translated hereditarily into the Family of the Beauchamps For she was married to Walter Beauchamp whom king Stephen after he had put downe Miles of Glocester ordained Constable of England Within some few yeeres king Stephen created Walleran Earle of Mellent twin-brother to Robert Bossu Earle of Leicester the first Earle of Worcester having given unto him the Citie of Worcester who afterwards became a Monke and died at Pratellae in Normandie in the yeere 1166. As for his sonne Robert who had wedded the daughter of Reginald Earle of Cornwall and advanced the Standard of rebellion against King Henry the Second and Peter his sonne who in the yeere 1203. revolted to the French neither of them used the title of Worcester but onely of Mellent so farre as ever I could yet read For King Henry the Second who succeeded Stephen would not easily suffer that any under him should enjoy the honors received from Stephen an usurper and his enemy For as I finde in the Annales of Waverley Abbay he put downe those imaginary and counterfeit Earles among whom King Stephen had inconsideratly distributed and given away all the revenewes pertaining to the Exchequer Neither to my knowledge was there any one that bare the title of the Earldome of Worcester untill the daies of King Richard the Second For he bestowed it upon Sir Thomas Percy who when he conspired against King Henry the Fourth was taken at the battaile of Shrewsbury and there beheaded Then Sir Richard Beauchamp descended from the Abtots received
Vale underneath along Corve which commonly is called Corves-dale to Sir Foulque of Dinan Afterwards it belonged to the Lacies of Ireland and by a daughter fell to Sir Geffrey de Ienevile a Poictevin or as some will have it of the house of Lorain from whose heires it descended againe by a daughter to the Mortimers and from thence hereditarily to the Crowne Then the Inhabitants in processe of time built in the very bosome of the Towne and on the highest ground a very faire Church and the onely Church they have And so it beganne to be of great account and to excell other neighbour Townes adjoyning And although by King Stephen Simon Montfort and King Henry the Sixth it suffered much damage in the civill Warres yet it alwayes flourished againe and now especially ever since that King Henry the Eighth ordained the Councell of the Marches not unlike to those Parliaments in France the Lord President whereof doth for the most part keepe Courts and Terme here which a man could hardly have seene at any time without Suites whether it were for the great state and authority that it carryed or because the Welshmen are so forward and hote to goe to Law This Councell consisteth of the Lord President so many Counsellers as it shall please the Prince to appoint a Secretary an Attorney a Sollicitour and the foure Iustices of the Counties in Wales Somewhat lower upon the River Temd is seene Burford which from Theodoricke Saie and his Posterity came unto Robert Mortimer and from his posterity likewise unto Sir Geffrey Cornwaile who derived his Descent from Richard Earle of Cornwall and King of the Alemans and his Race even unto these daies hath flourished under the name of Barons of Burford but not in the dignity of Parliamentary Barons whereas it is holden as we reade in the Inquisition of the King for to finde five men for the Army of Wales and by service of a Baronie As for those that I may note thus much by the way who held an entire and whole Barony they were commonly in times past reputed Barons and as some learned in our common lawes are of opinion Baron and Barony like as Earle and Earledome Duke and Dukedome King and Kingdome were Conjugata that is Originally yoke-fellowes When Temd now is leaving Shropp-shire behinde it not farre from the bankes thereof there raise themselves up Northward certaine hils of easie ascent Cleehill they call them much commended for yeelding the best Barly in great plenty neither are they without iron mines at the descent whereof in a Village called Cleybury Hugh Mortimer built a Castle which King Henry the Second forthwith so rased because it was a noursery of sedition that scarce there remaine any tokens thereof at this day also hard by standeth Kinlet where the Blunts flourished Their name in this Tract is very great so sirnamed at first of their yellow haire the Family noble and ancient and the branches thereof farre spread Then saw we on the right hand banke of Severn Brug Morfe commonly but corruptly called Bridg-North so called of Burg or Burrbugh and Morfe a Forest adjoyning whereas before time it was named simply Burgh A Towne fortified with wals a ditch a stately Castle and the Severn which betweene the Rockes runneth downe with a great fall seated also upon a Rocke out of which the waies leading into the upper part of the Towne were wrought out Achelfleda Lady of the Mercians first built it and Robert de Belesme Earle of Shrewesbury walled it who trusting to the naturall strength of the place rebelled against King Henry the First like as afterward Roger Mortimer against King Henry the the Second but both of them with ill successe for they were both forced to yeeld and submit themselves absolutely to the Kings command At the Siege of this Castle as we reade in our Annales King Henry the Second being levelled at with an arrow had beene shot therewith quite through the body had not Sir Hubert Syncter a noble and trusty Servitour to the King interposed himselfe and to save the King received both the arrow and his deaths wound withall Before time also Sir Raulph de Pichford bare himselfe so valiantly heere that king Henry the First gave unto him the little Burgh hard by To hold by service for to finde dry wood for the great chamber of the Castle of Burgh against the comming of his Soveraigne Lord the King Willeley or Willey is not farre from hence the habitation in old time of Sir Warner De Willeley from whose Posterity by the Harleis and Peshall it came to the notable Family of Lacon advanced by marriage long since with the heire of Passelew and of late by the Possession of Sir I. Blunt of Kinlet There be in like manner other Townes and Castles heere and there in this Tract as Newcastle Hopton Castle Shipton and upon the River Corve Corvesham which Walter Clifford had by the gift of king Henry the Second also Brancroft and Holgot commonly Howgate which belonged sometime to the Manduits then to Robert Blunt Bishop of Bath and afterwards to the Lovells More higher are Wenlocke now knowne for the lime but in king Richard the Seconds time for a mine of Copper there But much more knowne in the Saxons dayes for a most ancient Nunnery where Milburga that most holy virgin lived in great devotion and was entombed the which Nunnery Earle Roger de Montgomerie repaired and replenished with Monkes In later times Sir Iohn Winell called also Wenlocke because he heere inhabited for his faithfull service to king Henry the Sixth was by him advanced to the state and honor of Baron Wenlocke and elected knight of the Garter in whose cause he manfully lost his life in the Battaile of Tewkesbury leaving no issue but from his cozin and heire generall the Lawleys of this County are lineally descended A little more West is Acton Burnell a Castle of the Burnels and after of the Lovels made famous by the Court of Parliament there held in the time of king Edward the First This Family of the Burnells was in old time of great name and antiquity very much enriched also by that Bishop aforenamed But it failed and had an end in the Raigne of Edward the Second when Mawde the heire was married unto John Lovell first and secondly to John Haudlow whose sonne Nicholas assumed to himselfe the name of Burnell from whom the Ratcliffes Earles of Sussex and others draw their pedegree Scarce a mile from hence standeth Langley seated very flat and low in a Parke full of Woods the dwelling place of the Leas which may well challenge to be ranged among the Families that are of the better worth and greater Antiquity in this Tract Next unto these is Condover a Manour sometimes of the Lovells but of late the possession of Thomas Owen
worthy and heroicall a Knight ORATE PRO ANIMA PRAENOBILIS DOMINI DOMINI JOANNIS TALBOTT QVONDAM COMITIS SALOPIAE DOMINI TALBOTT DOMINI FURNIVALL DOMINI VERDON DOMINI STRANGE DE BLACK-MERE ET MARESCALLI FRANCIAE QUI OBIIT IN BELLO APUD BURDEVVS VII IULII M. CCCC.LIII That is Pray for the Soule of the right Noble Lord Sir John Talbot sometimes Earle of Shrewsburie Lord Talbot Lord Furnivall Lord Verdon Lord Strange de Black-Mere and Mareshall of France Who died in the battaile at Burdews VII IULII M. CCCC LIII Unto this Family of the Talbots there accrued by marriage-right the inheritance of the Barons Le Strange of Blackmere who were surnamed Le Strange commonly and Extranei in Latine records for that they were strangers brought hether by King Henrie the Second and in short time their house was far propagated These of Blackmere were much inriched by an heire of W. de Albo-monasterio or this Whit-Church and also by one of the heires of John Lord Giffard of Brimsfield of ancient Nobility in Glocester-shire by the onely daughter of Walter Lord Clifford More Westward lieth Ellesmer a little territorie but rich and fruitfull which as the Chronologie of Chester testifieth King John gave with the Castle to Lhewellin Prince of North-Wales in marriage with Joane his base daughter Afterwards in the time of King Henry the Third it came to the Family of the Stranges But now it hath his Baron Sir Thomas Egerton a man whom for his singular wisdome and sincere equity Queene Elizabeth chose to be Lord Keeper of the great Seale and King Iames making him Lord Chancellour advanced to the highest Honour of the long roabe and withall adorned with the Honorable title of Baron of Ellesmer Now let us briefely adde somewhat of the Earles of Shrewsbury Roger de Belesmo otherwise Montgomery was created the first Earle of Shrewsbury by King William the Conquerour unto whom he allotted also the greatest part of this Shire After him succeeded first his eldest sonne Hugh slaine in Wales without issue Then Robert another of his sonnes a man outragiously cruell toward his owne sonnes and hostages whose eyes with his owne hands he plucked out and gelded But afterwards being convict of high Treason he was kept in perpetuall prison by King Henry the first and so suffered condigne punishment for his notorious wickednesse Then was his Earledome made over unto Queene Adeliza for her dowry Many ages after King Henry the Sixth in the 20. yeere of his reigne promoted to this honour Iohn Lord Talbot whom both Nature bred and his disposition inured unto warlike prowesse And in the 24. yeere of his reigne he bestowed moreover upon the same Iohn whom in the Patent he calleth Earle of Shrewsbery and of Weisford the title of Earle of Waterford the Barony of Dongarvan and the Seneschalsie or Stewardship of Ireland But when he was slaine at Castilion upon Dordon neere Burdeaux together with his younger sonne Sir John Talbot Vicount L'isle after he had foure and twenty yeeres together marched with victorious armes over a great part of France his sonne Iohn by the daughter and one of the heires of Sir Thomas Nevill Lord Furnivall succeeded who siding with the house of Lancaster was slaine fighting valorously in the forefront of the battaile of Northampton From him by a daughter of the Earle of Ormond came Iohn the third Earle of Shrewsbury and Sir Gilbert Talbot Captaine of Callis from whom the Talbots of Graston descended This third Iohn had by his wife Katherine daughter to H. Duke of Buckingham George the fourth Earle who served King Henry the Seventh valiantly and constantly at the battaile of Stoke And he by Anne his wife daughter of William Lord Hastings had Francis the fifth Earle who begat of Mary daughter to Thomas Lord Dacre of Gillesland George the sixth Earle aman of approoved fidelity in weighty affaires of State whose sonne Gilbert by his wife Gertrud daughter to Thomas Earle of Rutland the seventh Earle maintaineth at this day his place left unto him by his ancestours with right great honour and commendation for his vertues In this region there are Parishes much about 170. CESTRIAE Comitatus Romanis Legionibus-et Colonijis olim insignis vera et obseluta descriptio CHES-SHIRE THE fifth and last of those Countries which in old time the CORNAVII held is the County of CHESTER in the Saxons Tongue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 commonly CHES-SHIRE and The County Palatine of Chester for that the Earles thereof had Royalties and princely Priviledges belonging to them and all the Inhabitants owed Allegeance and fealty to them as they did to the King As for this tearme Palatine that I may rehearse againe that which I have said before of this name was in times past common to all those who bare any Office in the Kings Court or Palace and in that age Comes Palatinus was a Title of Dignity conferred upon him who before was Palatinus with authority to heare and determine Causes in his owne Territory and as well his Nobles whom they called Barons as his Vassals were bound to repaire to the Palace of the said Count both to give him advise and also to give their attendance and furnish his Court with their presence This Country as William of Malmesbury saith Is scarce of Corne but especially of Wheat yet plentifull in Cattaile and fish Howbeit Ranulph the Monke of Chester affirmeth the contrary Whatsoever Malmesbury dreamd saith hee upon the relation of others it aboundeth with all kinde of victuals plenteous in Corne flesh fish and salmons especially of the very best it maintaineth trade with many commodities and maketh good returne For why in the Confines thereof it hath salt pits mines and metals And this moreover will I adde the grasse and fodder there is of that goodnesse and vertue that cheeses bee made heere in great number of a most pleasing and delicate taste such as all England againe affordeth not the like no though the best dayriwomen otherwise and skilfullest in cheese making be had from hence And whiles I am writing this I cannot chuse but mervaile by the way at that which Strabo writeth That in his time some Britans could not skill of making Cheese and that Plinie afterwards wondered That barbarous Nations who lived of milke either knew not or despised for so many ages the commodity of Cheese who otherwise had the feat of crudding it to a pleasant tartnesse and to fat buâ—yr Whereby it may be gathered that the devise of making Cheese came into Britaine from the Romans But howsoever this Region in fertility of soile commeth behinde many Countries in England yet hath it alwaies bred and reared more Gentry than the rest For you have not in all England againe any one Province beside that in old time either brought more valorous Gentlemen into the field or had more Families in it of Knights degree On the Southside it is hemmed
processe of time this Hierarchie or Ecclesiasticall government was established in Scotland Two Archbishops one of Saint Andrews the other of Glasco whereof the former is counted Primate of all Scotland under whom there be eight Bishoprickes Dunkeld Aberdon Murray Dunblan Brechin Rosse Cathanes Orkney Under the Archbishop of Glasco there be onely three Candida Casa or Galloway Lismore or Argile The Iles. THE STATES OR DEGREES OF SCOTLAND THe Republicke or Commonwealth of the Scots like as that of Englishmen consisteth of a King the Nobility or Gentry and Commons The King that I may use the words of their owne Record is Directus totius Dominus that is The direct Lord of the whole Domain or Dominion and hath royall authority and jurisdiction over all the States and degrees as well Ecclesiasticall as Lay or Temporall Next unto the King is his eldest sonne who is called PRINCE OF SCOTLAND and by a peculiar right Duke of Rothsay and Seneschall or Steward of Scotland But all the rest of the Kings children are named simply Princes Among the Nobles the greatest and most honourable were in old time The Thanes that is those who if my judgement be ought were ennobled onely by the office which they administred For the word in the ancient English Saxon tongue signifieth The Kings Minister Of these they of the superior place were called Abthanes the inferior Under Thanes But these names by little and little grew out of use ever since that King Malcolm the third conferred the titles of Earles and Barons after the manner received from the English upon Noble men of good desert Since when in processe of time new titles of honours were much taken up and Scotland as well as England hath had Dukes Marquesses Earles Vicounts and Barons As for the title of Duke the first that brought it into Scotland was King Robert the third about the yeere of Salvation 1400. like as the honourable titles of Marquesse and Vicount were first brought in by our most gracious Soveraigne King James the sixth These are counted Nobles of the higher degree and have both place and voice in the Parliaments and by a speciall name are called Lords like as also the Bishops Among the Nobles of a lower degree in the first place are ranged Knights who verily are dubbed with greater solemnity than in any other place throughout all Europe by taking of an oath and are proclaimed by the publike voice of an Herald Of a second sort are they who are tearmed Lairds and Barons among whom none were reckoned in old time but such as held immediatly from the King lands in Chef and had jus furcarum that is power to hang c. In the third place are all such as being descended from worshipfull houses and not honoured with any especiall dignitie be termed Gentlemen All the rest as Citizens Merchants Artisans c. are reputed among the Commons THE JUDICATORIES OR COURTS OF JUSTICE THe supreme Court as well for dignitie as authoritie is accounted the Assembly of the States of the Kingdome which is called by the very same name as it is in England A Parliament hath the same verie power as absolute It consisteth of three States of Lords Spirituall namely Bishops Abbots and Priors and of Lords Temporall to wit Dukes Marquesses Earles Vicounts and Barons and Commissioners for Cities Burghs Unto whom were adjoined not long since for everie Countie also two Commissioners It is appointed and solemnly called by the King at his pleasure at a certain set time before it be holden When these States abovesaid are assembled and the causes of their assembly delivered by the King or the Chancellour the Lords Spirituall chuse out apart by themselves eight of the Lords Temporall Semblably the Lords Temporall make choise of as many out of the Lords Spirituall then the same all jointly together nominate 8. of the Commissioners for the counties as many of the Commissioners for the free Burghs regall which make up in all the number of 32. And then these Lords of the Articles so they are termed together with the Chancellor Treasurer Keeper of the Privie Seale Kings Secretarie c. do admit or reject everie bill proposed unto the States after they have bin first imparted unto the King Being allowed by the whole assembly of the States they are throughly weighed and examined and such of them as passe by the greater number of voices are exhibited unto the King who by touching them with his Scepter pronounceth that hee either ratifieth and approveth them or disableth and maketh the same voide But if any thing disliketh the King it is razed out before The Second Court or next unto the Parliament is the Colledge of Iustice or as they call it The Session which King James the fifth 1532. instituted after the forme of the Parliament of Paris consisting of a President 14. Senatours seven of the Cleargie and as many of the Laitie unto whom was adjoined afterward the Chancellor who hath the chiefe place and five other Senatours three principall Scribes or Clerks and as many Advocates as the Senatours shall thinke good These sit and minister justice not according to the rigour of law but with reason and equitie every day save onely on the Lords day and Monday from the first of November to the fifteenth of March and from Trinitie Sunday unto the Calends of August All the space betweene as being the times of sowing and harvest is vacation and intermission of all suites and law matters They give judgement according to the Parliament Statutes and Municipall Lawes and where they are defective they have recourse to the Imperiall Civill Law There are besides in everie Countie inferiour civill Judicatories or Courts kept wherein the Sheriffe of the shire or his deputie decideth the controversies of the inhabitants about violent ejections intrusions dammages debts c. From which Courts and Judges in regard of hard and unequall dealing or else of alliance and partialitie they appeale sometime to the Session These Sheriffes are all for the most part hereditarie For the Kings of Scots like as of England also to oblige more surely unto them the better sort of Gentlemen by their benefits and favours made in old time these Sheriffes hereditarie and perpetuall But the English Kings soone perceiving the inconveniences thereby ensuing of purpose changed this order and appointed them from yeere to yeere There be civill Courts also in everie regalitie holden by their Bailiffes to whom the Kings have graciously granted royalties as also in free Burroughs by the Magistrates thereof There are likewise Judicatories which they call Commissariats the highest whereof is kept at Edenburgh in which before foure Judges actions are pleaded concerning Wills and Testaments the right of Ecclesiasticall benefices Tithes Divorces and such other Ecclesiasticall causes In every other severall part almost throughout the Kingdome there sitteth but one Judge alone in a place about these
were slaine about foure hundred whose heads were sent to Dublin and wonders were afterwards seene there The dead as it were arose and fought one with another and cried out Fennokabo which was their signal And afterward about the feast of the translation of S. Thomas there were rigged and made ready eight ships and set out from Tredagh to Crag-fergus with victuals Which were by the Earle of Ulster much troubled for the delivery of William Burk who had been taken with the Scots and the Saturday following there were made friends and united at Dublin the Earle of Ulster and the Lord John Fitz-Thomas and many of the Nobles sworne and confederate to live and die for the maintenance of the peace of Ireland The same yeere newes came out of Connaght that O-Conghir slew many of the English to wit Lord Stephen of Excester Miles Cogan and many of the Barries and of the Lawlies about fourescore Item the weeke after Saint Laurence feast there arose in Connaght foure Irish Princes to make warre against the English against whom came the Lord William Burk the Lord Richard Bermingham the Lord of Anry with his retinue of the country and of the same Irish about eleven thousand fell upon the edge of the sword neere unto Anry which town was walled afterwards with the mony raised of armor and spoile gotten from the Irish because every one of the English that had double armours of the Irish gave the one halfe deale toward the walls of the towne Anry Slaine were there Fidelmic O-Conghir a petty King or Prince of Connaght O-Kelley and many other Princes or Potentates John Husee a butcher of Anry fought there who the same night at the request of his Lord of Anry stood among the dead to seek out and discover O-Kelley which O-Kelley with his Costrell or esquire rose out of their lurking holes and cried unto the foresaid man to wit Husee come with mee and I will make thee a great Lord in my countrey And Husee answered I will not goe with thee but thou shalt goe to my Lord Richard Bermingham Then said O-Kelley Thou hast but one servant with thee and I have a doughtie esquire therefore come with mee that thou maist bee safe unto whom his owne man also said Agree and goe away with O-Kelley that wee may be saved and inriched because they are stronger than we But the said John Husee first killed his owne servant and O-Kelley and his Esquire and cut off all their three heads and carried them to his Lord Richard Bermingham and that Bermingham gave unto the said John Hussee faire lands and dubbed him Knight as he well deserved The same yeere about the feast of S. Laurence came O-Hanlan to Dundalk for to destreine and the Dundalkers with their men killed a number Item on Monday next before the feast of the nativitie of Saint Mary came David O-Tothill with foure more and hid himselfe secretly all night long in Coleyn wood which the Dublinians and Sir William Comyn perceiving went forth and manfully pursued them for sixe leagues and slew of them about seventeen and wounded many to death Also there ran rumors to Dublin that the Lord Robert Brus King of Scotland entred Ireland to aid Edward Brus his brother and the Castle of Crag-fergus in Ulster was besieged by the foresaid Scots The Monasteries of St. Patrick of Dune and of Seball and many other houses as well of Monkes as of regular preaching Friers and Minors were spoiled in Ulster by the Scots Item the Lord William Burk leaving his son for an hostage in Scotland is set free The Church of Brught in Ulster being in manner full of folke of both sexes is burnt by the Scots and Irish of Ulster At the same time newes came from Crag-fergus that those which kept the Castle for default of victuals did eat hides and leather yea and eight Scots who before were taken prisoners great pity and griefe that no man relieved such And the Friday following newes were brought that Thomas the sonne of the Earle of Ulster was dead Also the Sunday following the feast of the nativitie of the blessed Virgin died Lord Iohn Fitz-Thomas at Laraghbrine neere unto Mayneth and he was buried at Kildare among the Friers Minors Of which Lord John Fitz-Thomas it is said that a little before his death he was created Earle of Kildare after whom succeeded his sonne and heire the Lord Thomas Fitz-Iohn a prudent and wise personage And afterwards newes came that the Castle of Crag-fergus was rendred to the Scots and granted there was to the keepers of it life and limbe Also upon the day of the exaltation of the holy Crosse Conghar and Mac-keley were slaine with five hundred of the Irish by the Lord William Burke and Richard Bermingham in Connaght Item on Munday before Holloughmas happened a great slaughter of the Scots in Ulster by John Loggan and Hugh Bisset to wit one hundred with double armour and two hundred with single armour The number of those men of armes that were slaine in all was three hundred beside footmen And afterward in the Vigill of Saint Edmund King there fell a great tempest of winde and raine which overthrew many houses and the Steeple of Saint Trinitie Church in Dublin and did much harme on land and sea Also in the Vigill of S. Nicholas Sir Alan Stewart taken prisoner in Ulster by John Loggan and Sir John Sandale was brought unto the Castle of Dublin In the same yeere newes arrived out of England that the Lord King of England and the Earle of Lancaster were at variance and that they were desirous one to surprize the other for which cause the whole land was in great trouble Item in the same yeere about the feast of St. Andrew the Apostle sent there were to the Court of Rome the Lord Hugh Despencer the Lord Bartholmew Baldesmere the Bishop of Worcester and the Bishop of Ely about important affaires of the Lord King of England for Scotland who returned into England about the feast of the purification of the blessed Virgin Mary Also after the said feast the Lacies came to Dublin and procured an inquisition to prove that the Scots by their meanes came not into Ireland which inquisition acquitted them Whereupon they had a charter of the Lord the King of peace and upon the Sacrament given unto them they tooke an oath to keepe the peace of the Lord King of England and to their power to destroy the Scots And afterwards even in the same yeere after the feast of Shrovetide the Scots came secretly as farre as to Slane with twenty thousand armed men and the armie of Ulster joyned with them who spoiled the whole countrey before them And after this on munday next before the feast of S. Matthias the Apostle the Earle of Ulster was taken in the Abbey of St. Mary by the Maior of the Citie of Dublin to wit Robert Notingham and brought to the castle of Dublin where