century and tithing or if he could not should expect the severity of the laws But if any one standing thus accused should make his escape either before or after the bail was given that whole Hundred and Tithing was liable to be fined by the King By this project he settled peace in the Kingdom so that even upon the high-roads where four ways met he commanded golden bracelets to be hung up which might expose the avarice of travellers whil'st there was none durst venture to take them away Wappentacks Tithings and Laths These Centuries are in some parts of the Kingdom called Wappentaches if you desire to know the reason I will give it you out of Edward the Confessor's Laws When any one received the government of a Wappentach on a set day and in the place where the meeting used to be held all the elder sort met him and when he was got off his horse rose up to him Then he held up his spear and took security of all there according to custom for whoever came touched his spear with theirs and this touching of armour confirmed them in one common interest and was a publick league In English arms are called wepun and taccare is to confirm as if this were a confirmation of weapons or to speak more agreeably to the English tongue b See Sir Henry Spelman's Glossary under the word Wapentachium Wepentac is a touching of armour for wepun signifies armour and tac is touching There were also other Jurisdictions above those of Wapentaches which they called Ãrihingas including the third part of the Province and those who were Lords over them were termed Ãrihingerefas To these were appeals made in such causes as could not be determined in the Wapentaches So that what the English named a Hundred these called a Wapentach and what was in English three or four hundreds they called c Of which the Ridings in Yorkshire are a corruption Ãrihinge But in some Provinces what they called Trihing was in English term'd Lew and what could not be determined in the Ãrihinge was carried into the Shire These Counties which if you would express in proper Latin Shirâ— may be term'd either Conventus or Pagi we call by the peculiar name of Shyres from the Saxon word Scyre signifying to branch and divide By the first division there were only 32. for in the year 1016. in the Reign of Aethelred Malmsbury assures us there were no more In the life of Aethelred he writes thus At this time the Danes invaded 16 Counties whereas there are but 32 in all England And in those days these Counties were divided according to the variety of the laws Div'faâ— Englaâ—â— acc râ—â—â— to Laâ— For the Laws of England were threefold those of the West-Saxons called West-saxenlage those of the Danes called Denelage and those of the Mercians called Merchenlage Under the West-Saxon-Law were comprehended nine Counties Kent Sussex Surrey Berkshire Hamshire Wiltshire Somersetshire Dorsetshire and Devâ—â—shire To the Dane-Laws belonged fifteen Counties Yorkshire Derbyshire Nottinghamshire Leicestershire Lincolnshire Northamptonshire Bedfordshire Buckinghamshire Hertfordshire Essex Middlesex Norfolk Suffolk Cambridgeshire Huntingdonshire The other eight were judged after the Mercian-Law Lib. â— S. Eâ—â— di those were Glocestershire Worcestershire Herefordshire Warwickshire Oxfordshire Cheshire Shropshire and Staffordshire But when William the first made his Survey of this Kingdom Domâ— book there were reckoned 36 Counties as the Polychronicon tells us But the publick records wherein he registred that Survey reckon up no more than 34. For Durham Lancashire Northumberland Westmorland and Cumberland did not come into the number the three last as some wouâ—d have it being then under the Scots and the other two either exempt from taxes or included under Yorkshire But all these being afterwards added to the number made it as it is to this day 39. Besides which there are 13 moâ—e in Wales d But thâ— Statute of 34 and 35 of Hen. 8. Cap. 26. tells us That eight Shires were of ancient and long time to wit those of Glemorgaâ— Caeâ—mâ— then Pembroke Cardigan Flint Caernarvon Anglesey and Merioneth and other foâ—r were made by the Statute of 27 Hen 8. Cap. 26. beâ—des Monmouthshire namely Radnor Brecknock Montgomery and Denbigh So that in Edward's time there seem to have been eight whereof six were in Edward the first 's time Wal◠〈…〉 Câ—â—â— the rest Henry the eighth settled by Act of Parliament In each of these Counties in troublesome times especially there is appointed a Deputy under the King by the name of Lieutenant who is to take care that the State suffer no damage The first institution hereof seems to be fetch'd from King Alfred who settled in every County the Custodes regni or keepers of the kingdom These afterward were restored by Henry the third under the title of Capitanei For in the fiftieth year of his Reign he as John of London has it held a Parliament wherein this wholsome Law was enacted That in every County there should be one Capâ—nâ—â—â— Captain maintained by the King who by the assistance of the Sheriff should restrain the insolence of robbers Upon which many were so affrighted that they left that trade and the Royal power began to revive This was wisely enough ordered but whether Canutus the Dane when he made a Tetrarchy in a Monarchy 89 〈◊〉 Wâ—â— did not act more prudently let our Politicians determine For he as Hermand the Archdeacon says being an exceeding sagacious man so contriv'd the government of the Kingdom He 〈…〉 that it should fall under Tetrarchs such as he had found faithful to him The government of the West-Saxons which was the greatest he took to himself â—rcha Mercia the second part he committed to one Edrick the third called Northumbre to Yrtus and Earl Turkille had the fourth i.e. East Anglia a very plentiful country This account I owe to the diligence of Fr. Thinne who hath prosecuted this study of Antiquities with great honour and particularly communicated this to me 〈◊〉 of Shire But every year some one inhabitant of the Lesser Nobility is set over the County and stil'd Vice-Comes i.e. a deputy of the Comes or Earl and in our language he is called Shiriff i.e. one set over the County and may very well be term'd the Quaestor of the County or Province For 't is his business to get up the publick revenues of the County to gather into the Exchequer all Fines even by destraining to attend the Judges and to execute their orders to empannel twelve men â—â—elve 〈◊〉 who are to judge of matters of fact and bring in their Verdict to the Judges who are with us only Judges of law and not of fact to take care that such as are condemned be duly executed and to give judgment in petty causes There are also in every County certain Eirenarchae or Justices of the Peace settled by King Edward III. and those
also Justices of Assize Nisi prius and Oyer and Terminer as in England Justices of Peace in every County to preserve the Peace and the King has his Serjeant at Law his Attorney and his Sollicitor General There are also other Governors besides these to administer justice in the remoter Provinces and that is in Conaugh stilled chief Commissioner is call'd b Since the Country has been well inhabited with English and much more civiliz'd than heretofore the Presidencies of Munster and Conaught were superseded by King Charles II. about the year 1671. President in Munster who have certain of the Gentry and Lawyers to assist them and are all directed by the Lord Deputy As for their Law the Common-law used there is the same with this of ours in England For thus it is in the Records of the Kingdom King Henry the third in the twelfth of his reign sent an order to his Justice in Ireland that he should assemble the Archbishops Bishops Barons and Knights of that Kingdom and make the Charter of King John be read unto them which he did accordingly giving them an oath to observe the laws and customs of England and that they should hold and keep the same 3 Nevertheless the meer Irish did not admit them but retain'd their own Brehon-Laws and lâ—ud Customs And the Kings of England used a connivance therein upon some deep consideration not vouchsafing to communicate the benefit of the English Laws but upon especial grace to especial families or sects namely the O Neales O Conors O Brien O Maloghlins and Mac Murough which were reputed of the blood royal among them So that even the Parliamentary Laws or Statutes of England were of force in Ireland till King Henry the seventh's time For in the tenth year of his reign they were established and confirmed by Act of Parliament in Ireland 4 In the time of Sir Edward Poinings government But since that time they have lived by Acts and Statutes of their own making Besides these civil Magistrates they have also one Military officer named the c There being no War in the Kingdom there is no such Officer Marshal Marshal of Ireland who is serviceable to the State not only in restraining the insolence of soldiers but also in checking the outrage of rebels who are now and then troublesome This office formerly belonged hereditarily to the Lords Morley of England 9 of King John For King John gave them this Office to hold in see of him in these words We have given and granted to John Marshall for his homage and service our Marshalship of Ireland with all appurtenances We have given him likewise for his homage and service the Cantred wherein standeth the town of Kilbunny to have and to hold to him and his heirs of us and our heirs From him it descended in a right line to the Barons of Morley This Marshal has under him * Submaresâ—allum a Provost-Marshal and sometimes more according to the difficulties and exigencies of affairs who exercise their authority by Commission and Instructions under the Great Seal of Ireland But these and all other curiosities of this nature I leave to the diligence of others As for the methods of Justice and Government among the wild Irish I shall take care to insert something in a more proper place when I come to treat of their Mannors and Customs The d See Ware 's Antiquitat Hibern Cap. 3. pag. 11. Division of IRELAND â—â—â—on â—â—â—land IReland from the manners and customs of the Inhabitants is divided into two parts e At present there is no such Div sion or distiâ—ction but the King 's Writ runs through the whole Kingdom and every part of it is now answerable to Law they who reject all Laws and live after a barbarous manner are called the Irishry or wild Irish but those civilized who submit themselves with respect and obedience to the laws are termed the English-Irish and their Country the English Pale for the first English men that came hither set their boundaries in the east and richest part of the Island as taken in for themselves within which compass even at this day some remain uncivilized and pay no deference to the laws whereas some without are as courteous and genteel as one would desire But if we consider it as it was more early this Country from its situation or rather number of its Governors heretofore must be divided into five parts for it was formerly a Pentarchy namely Munster southward Leinster eastward Connaught westward Ulster northward and Meath almost in the middle Which as to civil administration are thus divided into Counties In Munster are the Counties of Kerry f At this day there is no such County as Desmond part of that Territory lying in the County of Kerry and the rest in the County of Cork Desmond Cork Waterford Limerick Tiperary g The County of the Holy-Cross is swallowed up in that of Tiperary with the County of S. Cross in Tiperary In Leinster are the Counties of Kilkenny Caterlough Queen's County King's County Kildare Weishford Dublin In Meath are the Counties of East-Meath West-Meath Longford In Connaught are the Counties of h Instead of this Dr. Holland has put Clare which yet is in the Province of Muâ—ster Twomund Galloway Maio. Slego Letrim Rofcomon In Ulster are the Counties of Louth Cavon Farmanagh Monaghan Armagh Doun Antrim Colran Tir-Oën Tir-Conell or Donegall Ecclesiastical Jurisdiction The Ecclesiastical state of Ireland was antiently managed by the Bishops either consecrated by the Archbishop of Canterbury or by one another But in the year 1152 as we find it in Philip of Flattesbury Christianus Bishop of Lismore Legat of all Ireland held a very full and honourable Council at Meath where were present the Bishops Abbots Kings Dukes and Elders of Ireland and there by the Apostolical authority with the advice of the Cardinals and the consent of the Bishops Abbots and others met together four Archbishopricks were constituted in Ireland Armagh Dublin Cassil and Tuam The Bishopricks which were under these formerly for some of them have been abolished to feed the greedy humor of ill times others have been confounded or annexed to one another while others again have been translated I do desire to subjoyn here in their true and ancient order from an old Roman Provincial faithfully copied from the Original Under the Archbp. of Armagh Primate of all Ireland are the Bishops of Meath or i Cluanard The Bishop is stiled of Meath Elnamirand Down otherwise Dundalethglass k Clogher Cloghor otherwise Lugundun l Connor is united to Down Conner m Ardagh Ardachad n Rapho Rathbot Rathluc Daln-liguir o Derry or London-Derry Dearrih 4 Holland has added Cloemacniso which ought to be writ Clonmacnois and is now united to Meath as also Dromor and Brefem now Kilmore Under the Archbp. of Dublin are the Bishops of
take cognizance of murders felonies trespasses for so they term them and many other misdemeanors Besides the King sends every year into each County two of the Justices of England to give sentence upon Prisoners â—es of â—e and to use the law-term in that cause to make a Gaol-delivery But of these more hereafter when we come to the Courts As to the Ecclesiastical Government after the Bishops of Rome had assigned to each Presbyter his Church and divided the parishes among them Honorius Archbishop of Canterbury â—â—â—â—and â—ed inâ—â—â—â—rishes about the year of our Lord 636. first began to divide England into Parishes as we read in the History of Canterbury Now England has two Provinces and two Archbishops Canterbury Primate of all England and Metropolitan and York Under these are 25 Bishops 22 under Canterbury and the rest under York What these Bishopricks are with their Counties or Dioceses which they now contain â—ops are shown us in those words of that excellent person the most reverend Father in God Matthew Parker Archbishop of Canterbury a Patron of Learning and a great Judge of Antiquities In the Province of Canterbury THE Bishoprick of Canterbury along with Rochester contains the County of Kent London has under it Essex Middlesex and part of Hertfordshire Chichester has Sussex Winchester has Hamshire Surrey Isle of Wight with Gernsey and Jersey Islands lying upon the Coast of Normandy Salisbury contains Wiltshire and Berkshire Exeter includes Devonshire and Cornwal Bathe and Wells joyntly have Somersetshire and Glocester Glocestershire Worcester Worcestershire and part of Warwickshire Hereford Herefordshire and part of Shropshire Coventry and Lichfield joyned together Staffordshire Derbyshire and the other part of Warwickshire as also that part of Shropshire which borders upon the River Repil Next Lincoln the largest contains six Counties Lincolnshire Liecestershire Huntingdonshire Bedfordshire Buckinghamshire and the other part of Hertfordshire Ely Cambridgeshire and the Isle of Ely Norwich Norfolk and Suffolk Oxford Oxfordshire Peterburrow Northamptonshire and Rutlandshire Bristol Dorsetshire To which 18 Dioceses in England must be added those of Wales or Cambria which are both deprived of an Archbishop of their own and also made fewer seven hardly coming entire into four These are â—eâ—e â—sis St. Davids whose seat is at St. Davids Landaff Banchor and Asaph or Elwensis In the Province of York YOrk it self comprehends Yorkshire and Nottinghamshire Chester Cheshire Richmondshire Lancashire with part of Cumberland Flintshire and Denbighshire Durham the Bishoprick of Durham and Northumberland Carlisle part of Cumberland and Westmerland To these may be added the Bishoprick of Sodor in Mona commonly called the Isle of Man Amongst those the Archbishop of Canterbury takes the first place the Archbishop of York the second the Bishop of London the third the Bishop of Durham the fourth and the Bishop of Winchester the fifth The rest take place according to the time of their Consecration But if any of the other Bishops happen to be Secretary to the King he claims the fifth place There are besides in England 26 Deaneries 13 whereof were made in the larger Churches by King Henry VIII upon expulsion of the Monks The Archdeaconries are sixty and the Dignities and Prebends make 544. There are also 9284 Parish-churches under the Bishops of which 3845 are appropriate as is plain from the Catalogue exhibited to King James which I have here subjoyned Now appropriate Churches are such as by the authority of the Pope and the consent of the King and Bishop of the Diocess are upon certain conditions settled upon those Monasteries Bishopricks Colleges and Hospitals whose revenues are but small either because they were built upon their ground or granted by the Lords of the Mannour Such a Settlement is expressed in form of law by being united annext and incorporated for ever But these upon the subversion of the Monasteries were to the great damage of the Church made Feuda Laicalia Lay-fees In the Province of Canterbury Dioceses Parish-Churches Churches appropriate Canterbury 257 140 London 623 189 Winchester 362 131 Coventry and Lichfield 557 250 Salisbury 248 109 Bath and Wells 388 160 Lincoln 1255 577 Peterburrow 293 91 Exeter 604 239 Glocester 267 125 Hereford 313 166 Norwich 1121 385 Ely 141 75 Rochester 98 36 Chichester 250 112 Oxford 195 88 Worcester 241 76 Bristol 236 64 S. Davids 308 120 Bangor 107 36 Llandaff 177 98 S. Asaph 121 19 Peculiars in the Province of Canterbury 57 14 The whole number in the Province of Canterbury 8219 3303 In the Province of York York 581 336 Durham 135 87 Chester 256 101 Carlisle 93 18 The whole number in York 1065 592 The whole number in both Provinces 9284 3845 But in the Book of Thomas Wolsey Cardinal written in the year 1520. there are reckoned in all the Counties 9407 Churches I know not how this difference should happen unless it be that some were demolished in the last age and Chapels which are Parochial be omitted others which are barely Chapels being reckoned up amongst the Parish-churches However I have set down the number of Churches at the end of each County out of this Book of Wolsey's There were also in the Reign of King Henry VIII if it be not a crime to mention them monuments of the piety of our fore-fathers Monasteries built to the honour of God the propagation of the Christian faith and good learning and for the support of the poor Of Religious houses i.e. Monasteries or Abbies and Priories to the number of 645. whereof when 40 had been suppressed by a Grant from Pope Clement the seventh Hen. 5. had before that dissolved 100 Pâ—iories of Monks Aliens obtained by Cardinal Wolsey who had then laid the foundation of two Colleges one at Oxford and another at Ipswich presently about the 36th of Henry VIII a torrent as it were that has thrown down the banks broke in upon the ecclesiastical state of England and to the great surprize of the whole world and oppression of this nation at once threw down the greatest part of the Religious with their curious structures For what the Pope granted to the Cardinal the King took himself by consent of Parliament Whereupon in the year 1536. all religious houses with their revenues which had 200 l. yearly or under that were granted to the King in number 376. And the next year under a specious pretence of rooting out superstition the rest along with the Colleges Chauntries and Hospitals were given up to the King's disposal At which time there were valued or taxed 605 religious houses remaining Colleges besides those in the Universities 96. Hospitals 110. Chauntries and Free-chapels 2374. Most of which in a short time were every where pulled down their revenues squander'd away and the riches which had been consecrated to God by the pious munificence of the English from the time they received Christianity were as it were in a moment dispersed and if I may use the
sea-coast entire More inward upon the west-side of the County there are also several towns but because they are but of late standing I will just only touch upon them Near Linne is Rising-Castle Rising seated on a high hill and vying with that at Norwich It was formerly the seat of the Albinies afterwards of Robert de Mont-hault by marriage with the sister and coheir of Hugh de Albiney Earl of Arundel and lastly of the Mowbrays descended as I have been told from the same stock with the Albinies But now it is ruinated and as it were expiring for age z Below is Castle-acre Castle-acre where formerly the Earls of Warren dwelt in a Castle now ruinous that stood upon a little river aa The river is anonymous rising not far from Godwicke Godwick a lucky name where is a small seat but made great by the ornament it receives from the famous Sir Edward Cooke Knight a person of admirable parts than whom as no one ever apply'd himself closer to the study of the Common-Law so never any understood it better Whereof he convinc'd England by his discreet management for many years together whilst Attorney-General and still does by executing the office of Lord Chief Justice of the Common-Pleas with the greatest prudence Nor has he given less proof of his abilities in his Commentaries upon our Laws whereby he has highly oblig'd both his own Age and Posterity This little river glides on gently westward to Linne by Neirford Neirford which gave name to the famous family of Neirfords and by Neirborrough where near the seat of the Spilmans Knights there is a strong and ancient military entrenchment upon a high hill very conveniently seated for the defence of the neighbouring field bb Next Penteney is plac'd upon the same rivulet which was formerly a common burying-place for the Nobility of those parts Neighbour to this is Wormegay Wormegay commonly Wrongey which Reginald de Warren brother of William de Warren second Earl of Surrey had with his wife of whom as I have read the said Earl had the donation or Maritage as they worded it in that age By his grand-daughter by a son it presently went to the Bardolphs â—arâ—ns â—â—â—dâ—â—ph noble and honourable Barons who flourish'd for a long time and bore three Cinque-foils Or in a field azure A great part of their estate along with the title came to 19 Sir William William Phellips and by his daughter to the Viscount Beaumont More to the east we see Swaffham â—â—affham a famous market-town formerly the possession of the Earl of Richmond Ashele-manour â—â—heâ—e in right whereof the Hastings and the Greys Lords of Ruthun â—â—n prâ—câ—â—â—â—◠‖ had formerly the oversight of the Table cloaths and Napkins made use of at the Coronation of the Kings of England â—â—â—â—e de â—â—â—â—aâ—yre North-Elmham where the Bishops had their seat for some time when this Diocese was divided into two cc Dereham Dâ—â—eham where was bury'd Withburga daughter of King Anna who divorcing her self entirely from all luxury and levity and being a Virgin of great sanctity was by our Ancestors canoniz'd a Saint dd Next to this is Gressenhall â—reâ—â—enhall with its neighbour Elsing both the possessions formerly of the Folliots â—oâ—â—ot persons of great honour in their time By the daughter of Richard Folliot they came to 20 Sir Hugh Hugh de Hastings of the family of Abergeuenny and at length by the daughters and heirs of Hugh Hasting the last Gressenhal came to 21 Sir Hamon Hamon le Strange of Hunstanston and Elsing â—â—â—ing to William Brown brother of 22 Sir Anthony Anthony Brown first Viscount Montacute In this Quarter also is Iâ—-borough â—â—hborough which Talbot takes to be the Iciani mention'd by Antoninus 〈◊〉 Nor need I say any more about these matters I have now nothing to do but to reckon up the Earls and Dukes of Norfolk and so go on to Cambridgeshire ee â—â—â—â—s and â—â—kes of â—â—rfâ—â—k William the Conquerour set one Ralph over the Country of the East-Angles that is the Counties of Norfolk Suffolk and Cambridgeshire But he was quickly depriv'd as I observ'd before for endeavouring innovations in the State Some years after in the reign of K. Stephen Hugh Bigod was Earl of Norfolk For when a Peace was concluded between Stephen and Henry of Anjou afterwards Henry 2. it was expresly provided that William son of Stephen â—â—â—eement â—â—â—ween K. â—â—â—pâ—en and â—â—â—y D. of â—â—pe should have the whole County of Norfolk except among other things the third penny of which Hugo Bigod was Earl Whom notwithstanding King Hen. 2. afterwards made Earl of the third penny of Norfolk and Norwic. A Monâ—â—s In the 27th of Henry 2. upon his death his son Roger succeeded him who for I know not what reason procur'd a new Creation-Charter of Rich. 1. Roger was succeeded by his son Hugh who marry'd Mawd eldest daughter and coheir of William Marshal Earl of Pembroke By her he had Roger Earl of Norfolk and Marshal of England Luxatis â—â—poris arâ—â—lis who * wresting and straining his joynts in a Tournament dy'd without issue and Hugh Bigod Lord Chief Justice of England slain in the battel of Lewes whose son Roger succeeded his Uncle in the dignity of Earl of Norfolk and Marshal of England But when his insolent and stubborn behaviour had thrown him under the displeasure of Edw. 1. he was forc'd to pass over his honours and almost his whole estate to the King for the use of Thomas de Brotherton the King's son by Margaret sister to Philip the Fair King of France For so a History has told us out of the Library of St. Augustin's in Canterbury In the year 1301. Roger Bigod Earl of Norfolk made King Edward his heir and deliver'd up to him the Marshal's rod upon this condition That if his wife bore him any children all should be return'd and he should hold it peaceably without any contradiction on the King's part And the King gave him a thousand pound in money and a thousand †Librataâ— pound in lands for life along with the Titles of Marshal and Earl But he dying without issue King Edw. 2. by virtue of the surrender above-mention'd honour'd his brother Thomas Brotherton with the titles of Marshal and Earl of Norfolk But his daughter Margaret Parl. 21. Rich. 2. call'd Lady Marshal and Countess of Norfolk and marry'd to John Lord Segrave was created Dutchess of Norfolk for life by K. Rich. 2. who at the same time created Thomas Mowbray Earl of Nottingham and grandchild to Margaret by a daughter first Duke of Norfolk to him and his heirs males having before granted him the dignity and stile of Earl Marshal of England 23 This is he that before the King was challeng'd and accus'd by Henry of Lancaster Duke of Hereford This is he who accus'd Henry of
heaths and low places where as in other parts of this County they often dig up trees 〈…〉 â—â—â—d which they suppose have lain there ever since the Deluge Afterwards as it passeth through fruitful fields it receives a little river from the eastward upon which is situated Wibbenbury so called from Wibba King of the Mercians Next to that is Hatherton formerly the seat of the Orbies after that of the Corbets and at present of Thomas Smith son of Sir Laurence Smith Knight then Dodington the estate of the Delvesies Batherton of the Griphins and Shavington of the Wodenoths who by their name seem to have sprung from the Saxons besides the seats of many other honourable families which are very numerous in this County From hence the river Wever goes on by Nantwich at some distance from Midlewich to Norwich These are the noble Salt-wiches about 5 or 6 miles distant one from another where they draw brine or salt-water out of pits and do not according to the method of the old Gauls and Germans pour it upon burning wood but boil it upon the fire to make Salt of Nor do I question but these were known to the Romans and that their impost for salt was laid on them For there was a noble Way from Midlewich to Northwich which is raised so high with gravel that one may easily discern it to be Roman especially if he considers that gravel is scarce in this County and that private men are even forced to rob the road of it for their own uses Matthew Paris says these Salt-pits were stop'd by Hen. 3. when he wasted this County that the Welsh who were then in rebellion might have no supplies from them But upon the next return of peace they were open'd again 〈◊〉 Nantwich the first of them that is visited by the Wever is the greatest and best-built town of this County call'd by the Welsh Hellath Wen that is White-salt-wich because the whitest salt is made here by the Latins Vicus Malbanus probably from William called Malbedeng and Malbanc who had it given him upon the Norman Conquest There is but one Salt-pit they call it the Brine-Pit distant about 14 foot from the river From this Brine-Pit they convey salt-water by wooden troughs into the houses adjoyning where there stand ready little barrels fixed in the ground which they fill with that water and at the notice of a bell they presently make a fire under their Leads whereof they have six in every house for boiling the water These are attended by certain women call'd Wallers who with little wooden rakes draw the Salt out of the bottom of them and put it in baskets out of which the liquor runs but the Salt remains and settles d Of the manner of making Salt in this place see Ray's Northern words pag. 204. There is but one Church in this town a neat fabrick belonging heretofore as I have heard to the Monastery of Cumbermer Hence the Wever runs in a very oblique course and is joyn'd by a little river which rises in the east and passes by Crew where formerly lived a famous family of that name At some farther distance from the west-side of it â—â—y stands Calveley which has given both a seat and name to that noble family the Calveleys of whom in Richard 2.'s time was Sir Hugh de Calveley who had the reputation of so great a souldier in France that nothing was held impregnable to his valour and conduct Hence the river goes on by Minshul â—â—yal the seat of the Minshuls and by Vale Royal an Abbey founded in a pleasant valley by King Edward the first where now the famous family of the Holcrofts dwell 〈◊〉 then by Northwich in British Hellath Du signifying the black Salt-pit where 5 Very near the brink of the river Dan. there is a deep and plentiful Brine-pit with stairs about it by which when they have drawn the water in their leather-buckets they ascend half naked to the troughs and fill them from whence it is convey'd to the Wich-houses that are furnish'd with great piles of wood Here the Wever receives the Dan which we will now follow This Dan or Davan springs from the mountains which separate this County from Staffordshire and runs without any increase by e See in the Bishoprick of Durham about Presbrig whither perhaps this place may be transferr'd Condate a town mention'd in Antoninus and now corruptly nam'd Congleton the middle whereof is watered by the little brook Howty the east-side by the Daning-Schow and the north by the Dan it self Altho' this town for greatness resort and commerce has deserved a Mayor and six Aldermen to govern it yet it has only one Chapel in it and that entirely of wood unless it be the quire and a little tower The Mother-Church to which it belongs is Astbury about two miles off which is indeed a curious thing and tho' the Church be very high yet the west porch is equal to it there is also a spire-steeple In the Church-yard there are two grave-stones having the portraicture of Knights upon them and in shields two bars Being without their colours 't is hardly to be determin'd whether they belong'd to the Breretons the Manwarings or the Venables which are the best families hereabouts and bear such bars in their arms but with different colours Next it arrives at Davenport Davenport commonly Danport which gives name to the famous family of the Davenports and Holmes-Chapel well known to travellers where within the memory of this age J. Needham built a bridge Not far from this stands Rudheath formerly an Asylum or Sanctuary to those of this Country and others that had broken the laws where they were protected a year and a day Next it runs by Kinderton the ancient seat of that old family the Venables who from the time of the Conquest have flourish'd here and are commonly called Barons of Kinderton Below this place towards the south the river Dan is joyn'd by the Croc a brook rising out pf the lake Bagmere which runs by Brereton As this town has given name to the famous ancient numerous and knightly family of the Breretons so Sir William Brereton has honour'd it by raising very stately buildings therein Here is one thing incredibly strange but attested as I my self have heard by many persons and commonly believ'd Before any heir of this family dies there are seen in a lake adjoyning the bodies of trees swimming upon the water for several days together not much different from what Leonardus Vairus relates upon the authority of Cardinal Granvellan Lib. 2. de Fascino That near the Abbey of St. Maurice in Burgundy there is a fish-pond into which a number of fishes are put equal to the number of the Monks of that place And if any one of them happen to be sick there is a fish seen floating upon the water sick too and in case the fit of sickness prove fatal to
a THat the great opinion our Ancestors had of the Sanctity of St. Cuthbert was the occasion of their munificence to his Church our Histories informs us and 〈◊〉 is very evident from our Author But he seems to have given him more than ever was bestow'd when he tells us that King Egfrid gave him large Revenues in York For his Charter be it true or counterfeit mentions no such thing Simeon Dunelmensis indeed or rather Abbot Turgot tells us that Creac was given him by this King Ut haberet Eboracum iens vel inde rediens mansionem ubi requiescere posset But this only intimates that St. Cuthbert might have frequent occasions to travel to York probably to attend the Court which the Historian supposes to have been most commonly resident in that City b Nor can we properly say that Guthrun the Dane whom our Historians call also Guthredus Cuthredus Gormo and Gurmundus was Lieutenant to the great King Aelfred in the Kingdom of Northumberland any more than Aelfred was his Deputy in that of the West-Saxons For they two by compact divided the whole Kingdom betwixt them and joyntly enacted Laws which were to be mutually observ'd both by the English and Danes And hence some Monks have taken occasion to unite them falsly in granting Charters to Monasteries c. c What vast Privileges and Immunities this Church had by the Liberality of Princes we may learn in general from Mr. Camden but may have a more particular view by the help of some observations upon that Head extracted for me by Mr. Rudd Schoolmaster of Durham out of the posthumous Papers of Mr. Mickleton who had made large Collections in order to the Antiquities of this County It 's probable the Bishops were Counts Palatine before the Conquest it appears at least they were so in the Conquerour's time Their power was formerly very great till part of it was taken away by the Statute of Henry 8. It was a common saying that Quicquid Rex habet extra Comitatum Dunelmensem Episcopus habet intrà nisi aliqua sit concessio aut praescriptio in contrarium They had power to levy Taxes and make Truces with the Scots to raise defensible persons within the Bishoprick from 16 to 60 years of age They had power also to make Barons who as well as their vassals were bound to come to their Palace to advise them and to give them observance and obedience in their Courts And altho' the Canons forbid any Clergyman to be present when judgment of blood is given the Bishops of Durham did and may sit in Court in their Purple-robes in giving judgment of death Hence the saying Solum Dunelmense judicat stola ense They had a Mint and power to coyn money The Courts which in other places are held in the King's name were till the Statute of Henry 8. held here in the Bishop's till which time he could make Justices of Assizes of Oyer and Terminer and of the Peace and all Writs went out in his name All Recognizances entred upon his Close-Rolls in his Chancery and made to him or in his name were as valid within the County as those made to the King without He could exempt men from appearing at the Assizes and being Jurors He had a Register of Writs of as much authority as that in the King's Courts He hath yet his Court of Chancery Common-Pleas and County Court and Copyhold or Halmot Court A great part of the Land in the County is held of him as Lord Paramount in Capite All the Moors and Wastes in the County to which no other can make title belong to him which could not be enclos'd without his grant Neither could Freehold Lands be alienated without his leave they that did so were oblig'd to sue to him for his Patent of Pardon He pardon'd intrusions trespasses c. He had villains or bondmen whom he manumitted when he pleas'd The Lands Goods and Chattels of those that committed Treason are forfeited to the Bishop All forfeitures upon Outlawries or Felonies belong to him He could pardon Felonies Rapes Trespasses and other Misprisions He had the fruits of Tenures by Wardships Marriages Liveries Primier-seizins Ouster le mains c. He gave licence to build Chapels found Chantries and Hospitals made Burroughs and Incorporations Markets Fairs c. He created several Officers by Patent either quamdiu se bene gesserint quamdiu Episcopo placuerit or for life or lives viz. his Temporal Chancellor Constable of the Castle of Durham Great Chamberlain Under-Chamberlain Secretary Steward Treasurer and Comptroller of his Houshold Steward and Under-steward of the Manours or Halmot Courts Sheriff Protonotary Clerk of the Chancery Crown and Peace several Keepers of the Rolls belonging to their respective Offices Registers and Examiners in Chancery Clerk of the County Court Stewards of Burrough-Courts Escheators Feodaries Auditors and Under-Auditors Clerks of the Receipt of the Exchequer Supervisors of Lordships Castles Mines of Coal Lead and Iron Coroners Conservators of Rivers and Waters Officers of the Marshalsea or Clerks of the Market of Cities Burroughs and Towns Keepers of his Seal of Ulnage and of his Wardrobe and Harness But none of his Patents are valid any longer than the Bishop's life that gives them unless they be confirm'd by the Dean and Chapter He had several Forests Chaces Parks Woods where he had his Foresters who kept Courts in his name and determin'd matters relating to the Forests c. or the Tenants of them Parkers Rangers Pale-keepers He was Lord Admiral of the Seas and Waters within the County Palatine had his Vice-Admirals and Courts of Admiralty Judges Registers Examiners c. Officers of Beaconage Anchorage c. he awarded Commissions to regulate waters and passage of waters There have been several contests betwixt the Archbishop of York and the Bishop of Durham about Ecclesiastical Jurisdiction the one attempting to exercise his Archiepiscopal jurisdiction in this Diocese the other claiming a peculiar immunity Walter Gray Archbishop profferr'd the Archdeacon of Durham the guariandship of Stanhop-Church but he refus'd to accept it as having it before in his own or the Bishop's right Another Archbishop coming to visit the Priory when the Bishop was absent at Rome was forc'd to take Sanctuary in St. Nicholas Church as he was afterwards upon another attempt of the same nature and when he was going to excommunicate them in his Sermon was in danger of being kill'd if he had not escap'd out of the Church one of his Attendants lost an ear This distinct mention of Condati would tempt us to believe that this was the ancient Condate which Mr. Camden places in Cheshire Which opinion one may close with the more freely because nothing at least that he has told us of induc'd him to settle it at Congleton beside the affinity of names e North from hence is Heighington Heighington in Darlington-ward where Elizabeth Penyson founded a School in the 43d of Queen Elizabeth to which Edward
in a winding chanel sometimes broad and sometimes narrow runs through many Counties as we have already observed The chief families are the O Rorcks O Murreies Mac Lochleims Mac Glanchies and Mac Granells all pure Irish John de Burgo the son of Richard Earl of Clan-Ricard who was made Baron Letrim Baron Letrim by Queen Elizabeth and soon after slain by some malicious rivals took his title as some say from another place and not from this Letrim and I have not certainly discovered the truth of that matter The County of ROSCOMAN BElow Letrim to the south lyes the County of Roscoman first made by Henry Sidney Lord Deputy of great length but very narrow bounded on the west by the river Suc on the east by the Shanon and on the north by the Curlew mountains Curlew-â—ountains This is for the most part a Champian country fertile well stock'd with cattle and ever plentiful in its corn-harvests if assisted with a little good husbandry and tillage Towards the north are the Curlew-mountains steep and unpassable till with much pains and difficulty a way was cut through them by George Bingham and famous for the slaughter of 35 Sir Coniers Clifford Coniers Clifford Governor of Conaught and other brave old soldiers cut off there not very long since by his negligence There are four Baronies in this County first the Barony of Boile Barony of Boile under the Curlew-mountains upon the Shanon where formerly stood a famous monastery founded in the year 1152 together with the Abbey of Beatitude * Mac-Dermot quasi rerum potitur Balin Tober This is the Seigniory of Mac Dermot Next the Barony of Balin Tobar upon the Suc where O Conor Dun has the chief power and interest neighbouring upon the Bishoprick of Elphin Lower down lyes Roscoman Roscoman the Barony of O Conor Roo that is Conor the red wherein stands the head town of this County fortified with a castle built by Robert Ufford Lord Chief Justice of Ireland the houses of the town are all thatch'd More southward lyes Athlone Athlone the Barony of the O-Kellies so called from the principal town in it which has a castle a garison and a fair stone bridge built within the memory of this age by Henry Sidney Lord Deputy at the command of Queen Elizabeth who designed to make this the seat of the Lord Deputy as most convenient to suppress insurrections The Lords of CONAGHT IT appears by the Irish Histories that Turlogh O Mor O Conor formerly reigned over this Country and divided it between his two sons Cahel and Brien But when the English invaded Ireland it was governed by Rotheric under the title of Monarch of Ireland who was so apprehensive of the English power that he submitted himself to King Henry the second without the hazard of a battle Soon after he revolted and thereupon Conaght was first invaded by Milo-Cogan an English man but without success However the King of Conaght was reduced to such straits that he was fain to acknowledge himself a liege-man of the King of England's Rog. Hove ac 1175. p. 312. Claus 7. Joâ—nnis so as to serve him faithfully as his man and pay him yearly for every ten head of cattle one hide vendible c. Yet by the grant of King John he was to have and to hold the third part of Conaght to him and his heirs for 100 marks However this County was first subdued and civilized by William Fitz-Adelme whose posterity is the De Burgo's in Latin or as the Irish call them the Burks and Bourks Robert Muscogros Gilbert Clare Earl of Glocester and William de Bermingham William de Burgo or Bourks and his posterity under the title of Lords of Conaght governed this and the County of Ulster for a long time in great peace and enjoyed considerable revenues from them But at last it went out of the family by the only daughter of William de Burgo sole heir to Conaght and Ulster who was married to Leonel Duke of Clarence son to King Edward the third He generally residing in England as well as his successors the Mortimers this estate in Ireland was neglected so that the Bourks The Bourks their relations and stewards here finding their Lords absent and England embroiled at that time confederated with the Irish by leagues and marriages seized upon almost all Conaght as their own and by little and little degenerated into the Irish barbarity Those of them descended from Richard de Burgo are called Clan Ricard others Mac William Oughter i.e. Higher others Mac William Eughter i.e. Lower So those of greatest interest in the County of Maio were simply called Mac William assumed as a title of much honour and authority as descended from William de Burgo already mentiond 36 Under countenance of which name they for a long time tyranniz'd over the poor Inhabitants with most grievous exactions ULSTER ALL that part of the Country beyond the mouth of the river Boyn the County of Meath and Longford and the mouth of the river Ravie on the North make up the fifth part of Ireland called in Latin Ultonia and Ulidia in English Ulster in Irish Cui Guilly i.e. Province of Guilly and in Welsh Ultw In Ptolemy's time it was wholly peopl'd by the Voluntii Darni Robogdii and the Erdini This is a large Province water'd with many considerable loughs shelter'd with huge woods fruitful in some places and barren in others yet very green and sightly in all parts and well stock'd with Cattle But as the soil for want of culture is rough and barren so the Inhabitants for want of education and discipline a This is to be understood of the Irish Inhabitants who are now so routed out and destroyed by their many Rebellions and by the accession of Scots who for the most part inhabit this Province that there are not supposed to be left 10000 Irish able and sit to bear Arms in all Ulster are very wild and barbarous Yet to keep them in subjection and order for neither the bonds of justice modesty nor other duty could restrain them this hither part was formerly divided into three Counties Louth Down and Antrimme and now the rest is divided into these seven Counties Cavon Fermanagh Monaghan Armagh Colran Tir Oen and Donegall or Tirconell by the provident care of 37 Sir John John Perott Lord Deputy Jo. Perot Lord Deputy 1585. a man truly great and famous and thoroughly acquanted with the temper of this Province For being sensible that nothing would more effectually appease the tumults of Ireland than a regulation and settlement of these parts of Ulster he went himself in person thither in that troublesome and dangerous time when the Spanish descent was so much expected there and in England and by his gravity and authority while he took care to punish injurious actions which are ever the great causes of dissention and War gain'd so much respect among