William who enjoyed it a short time dying also without issue So by Amice the second daughter of the forenamed Earle William married to Richard de Clare Earle of Hertford this Earledome descended to Gilbert her sonne who was stiled Earle of Glocester and Hertford and mightily enriched his house by marrying one of the heires of William Marshall Earle of Pembroch His sonne and successour Richard in the beginning of the Barons warres against king Henry the Third ended his life leaving Gilbert his sonne to succeed him who powerfully and prudently swaied much in the said wars as he inclined to them or the king He obnoxious to King Edward the First surrendred his lands unto him and received them againe by marrying Joane the Kings Daughter sirnamed of Acres in the Holy-land because shee was there borne to his second Wife who bare unto him Gilbert Clare last Earle of Glocester of this sirname slaine in the flower of his youth in Scotland at the battaile of Sterling in the 6. yeare of K. Edward the second Howbeit while this Gilbert the third was in minority Sir Ralph de Mont-hermer who by a secret contract had espoused his mother the Kings daughter for which he incurred the kings high displeasure and a short imprisonment but after reconciled was summoned to Parliaments by the name of Earle of Glocester and Hertford But when Gilbert was out of his minority he was summoned amongst the Barons by the name of Sir Ralph de Mont-hermer as long as he lived which I note more willingly for the rarenesse of the example After the death of Gilbert the third without children Sir Hugh Le De-Spenser commonly named Spenser the younger was by writers called Earle of Glocester because he had married the eldest sister of the said Gilbert the third But after that he was by the Queene and Nobles of the Realme hanged for hatred they bare to K. Edward the 2. whose minion he was Sir Hugh Audley who had matched in marriage with the second sister through the favour of King Edward the Third received this honour After his death King Richard the Second erected this Earledome into a Dukedome and so it had three Dukes and one Earle betweene and unto them all it prooved Equus Sejanus that is Fatall to give them their fall Thomas of Woodstocke youngest sonne to King Edward the Third was the first Duke of Glocester advanced to that high honour by the said King Richard the Second and shortly after by him subverted For when he busily plotted great matters the King tooke order that he should be conveyed secretly in all haste to Calis where with a featherbed cast upon him he was smouthered having before under his owne band confessed as it stands upon Record in the Parliament Rols that he by vertue of a Patent which hee had wrested from the King tooke upon him the Kings regall authority that he came armed into the Kings presence reviled him consulted with learned about renouncing his allegiance and devised to depose the King for which being now dead he was by authority of Parliament attainted and condemned of high Treason When hee was thus dispatched the same King conferred the Title of Earle of Glocester upon Thomas Le De-Spenser in the right of his Great Grand-mother who within a while after sped no better than his great Grand-father Sir Hugh For by King Henry the fourth he was violently displaced shamefully degraded and at Briston by the peoples fury beheaded After some yeares King Henry the Fifth created his brother Humfrey the second Duke of Glocester who stiled himselfe the first yeare of King Henry the Sixth as I have seene in an Instrument of his Humfrey by the Grace of God sonne brother and Uncle to Kings Duke of Glocester Earle of Henault Holland Zeland and Penbroch Lord of Friesland Great Chamberlaine of the Kingdome of England Protector and Defender of the same Kingdome and Church of England A man that had right well deserved of the common wealth and of learning but through the fraudulent practise and malignant envie of the Queene brought to his end at Saint Edmunds Bury The third and last Duke was Richard brother to King Edward the Fourth who afterwards having most wickedly murdred his Nephewes usurped the Kingdome by the name of King Richard the third and after two yeares lost both it and his life in a pitched field finding by experience that power gotten by wicked meanes is never long lasting Concerning this last Duke of Glocester and his first entry to the Crowne give me leave for a while to play the part of an Historiographer which I will speedily give over againe as not well able to act it When this Richard Duke of Glocester being now proclaimed Protector of the Kingdome had under his command his tender two Nephewes Edward the Fifth King of England and Richard Duke of Yorke he retriving after the Kingdome for himselfe by profuse liberality and bounty to very many by passing great gravitie tempered with singular affabilitie by deepe wisdome by ministring justice indifferently and by close devises wonne wholly to him all mens hearts but the Lawyers especially to serve his turne So shortly he effected that in the name of all the States of the Realme there should be exhibited unto him a supplication wherein they most earnestly besought him for the publike Weale of the Kingdome to take upon him the Crowne to uphold his Countrey and the common-weale now shrinking and downe falling not to suffer it to runne headlong into utter desolation by reason that both lawes of nature and the authority of positive lawes and the laudable customes and liberties of England wherein every Englishman is an inheritor were subverted and trampled under foote through civill wars rapines murthers extortions oppressions and all sorts of misery But especially ever since that King Edward the fourth his brother bewitched by sorcerie and amorous potions fell in fancie with Dame Elizabeth Greie widdow whom he married without the assent of his Nobles without solemne publication of Banes secretly in a profane place and not in the face of the Church contrary to the law of Gods Church and commendable custome of the Church of England and which was worse having before time by a precontract espoused Dame Aeleanor Butler daughter to the old Earle of Shrewsburie whereby most sure and certaine it was that the foresaid matrimony was unlawfull and therewith the children of them begotten illegitimate and so unable to inherite or claime the Crowne Moreover considering that George Duke of Clarence the second brother of King Edward the Fourth was by authority of Parliament convicted and attainted of high treason thereupon his children disabled and debarred from all right succession evident it was to every man that Richard himselfe remained the sole and undoubted heire to the Crowne Of whom they assured themselves that being borne in England he would seriously provide for the good of England neither could they make any doubt of his
relishes both in wit and judgement But to tell the truth unfainedly the love of my Country which comprisseth all love in it and hath endeared me unto it the glory of the British name the advise of some judicious friends hath overmastred my modestie and wild I nild I hath enforced me against mine own judgment to undergo this burden too heavy for me so thrust me forth into the worlds view For I see judgements prejudices censures reprehensions obtrectations detractions affronts and confronts as it were in battaile array to environ me on every side some there are which wholly contemne and avile this study of Antiquitie as a back-looking curiositie whose authority as I do not utterly vilefie so I do not overprize or admire their judgement Neither am I destitute of reasons whereby I might approve this my purpose to well bred and well meaning men which tender the glory of their native Country and moreover could give them to understand that in the studie of Antiquity which is alwaies accompanied with dignity and hath a certaine resemblance with eternity there is a sweet food of the mind well befitting such as are of honest and noble disposition If any there be which are desirous to be strangers in their owne soile and forrainers in their owne City they may so continue and therin flatter themselves For such like I have not written these lines nor taken these paines Some there be who may object the silly web of my stile and rough hewed forme of my writing Verily I acknowledge it neither have I waied every word in Goldsmiths scales as Vario commanded neither purposed I to picke flowers out of the gardens of Eloquence But why should they object this when as Cicero the father of Eloquence denieth that this kind of argument can 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is be flourished out and as Pomponius Mela said is incapable of all Eloquent speech Many happily will insult over me for that I have adventured to hunt after the originals of names by conjectures who if they proceed on to reject all conjectures I feare me a great part of liberall learning and humane knowledge will be utterly out-cast into banishment For the edge of our understanding is so blunt that we are of necessitie enforced to prosecute many matters in all professions conjecturally In Physick 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which are nothing else but conjectures have their place and stand in good steed likewise in Rhetoricke Civil Law and other arts they are admitted and allowed And whereas conjectures are certaine detections of things unknown and as Fabius termeth them directions of reason to verity I have alwaies thought that they were to be accounted among the skuppers wherewith TIME worketh and draweth VERITIE out of Democritus his deepe dungeon But if these men may be induced to attribute ought to conjectures I doubt not but my modesty and moderation in conjecturing may withall purchase my pardon Plato in his Cratilus commandeth that we recal the originals of names to the barbarous tongues for so he called al but Greek as being most ancient I thereupon in Etymologies and my conjectures have made recourse to the British or Welsh tongue so they now call it as being the same which the Primitive and most ancient Inhabitants of this land used and to the English-Saxons tongue which our Progenitors the English spake He commandeth that the name be consonant to the nature of the thing the nature thereof to the name if they be herein dissonant I admit them not In things saith he there is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is but I cannot aptly expresse them A sound a forme and colour if these discover not themselves in the name I reject the conjecture As for obscure Etymologies far fetched hardly wrested and which may be drawne diversly I have vouchsafed them no place it this worke finally I have beene so sparing and cautelously forecasting in my conjectures that if I be not thought 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Happily adventurous I shall not seeme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Presumptuously audacious And albeit I have once or twice framed two conjectures in one and the same name yet I forget not in the meane time that VNITIE is consecrated unto VERITIE There are some peradventure which apprehend it disdainfully and offensively that I have not remembred this or that family when as it was not my purpose to mention any but such as were more notable nor all them truely for their names would fill whole volumes but such as hapned in my way according to the method I proposed to my selfe And with Gods grace I may have a more convenient occasion to deserve well of the Nobilitie and Gentry But happily they will be most offended herein who have least deserved of their conutry or overvallew themselves most or whose Gentry may be but newly blossomed Of whom yet I protest I would not offend any and therefore desire and hope their noble natures will not take it offensively upon such causelesse apprehensions Others will call me in question for that I have commended some persons now living yet I have done it sparingly and that out of an assurance of verity out of the common consent and voice of such as can well judge of worth from no base flattery By these sparing commendations such as are commended may be lessoned that their deportments may be answerable and that they preserve and daily increase the same Succeeding ages which I respect more than the present will render to every man his right whatsoever is now scribled in papers In the meane time I wish them to remember that to praise good men is but to shew a light of direction as out of a watch towre to posteritie True is that saying of Symmachus Imitation is encouraged with the seemely praises of the good and imitating vertue is cherished by the example of others honour If any say that I have sought occasion to commend some one or other I confesse it Neither is well-meaning without leasing to be blamed among the good and well deserving friends are not to be forgotten Howsoever Virtue and Glory hath alwaies opposites and men usually envie the present and reverence what is past yet God forbid that we should be so partially injurious as to thinke our times under most worthy Princes to be barrein of praiseworthy persons As for such as maligne the praise of the good I feare me least in their owne guiltinesse they may apply the dispraise of the bad to themselves As for my selfe I sensibly understand that which Plinie intimated to Tacitus in like case There will bee great offence and slender thankes for albeit in the loosenesse of the world there is much more to be discommended than commended yet if you commend you shall be taxed as oversparing if you discommend you shall be censured as overlavish although
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
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
game and hunting of red Deere being divided eft-soone speedeth himselfe on the one hand to Idel a River in Nottingham-shire on the other to Are that hee and they together may fall into Humber In which very place there are environed with these rivers Diche-marcâ— and Marshland little Mersh Countries or River-Islands rather taking up in circuit much about fifteene miles most plentifull of greene grasse passing good for feeding of Cattaile and on every side garnished as it were with prety Townes Yet some of the Inhabitants are of opinion that the land there is hollow and hanging yea and that as the waters rise the same also is heaved up a thing that Pomponius Mela hath written concerning Antrum an Isle in France But among those Beakes and Brookes that convey their streames hither I must not overpasse Went which floweth out of a standing Poole neere unto Nosthill where sometime stood an Abbay consecrated to Oswald both a King and a Saint which A. Confessour to King Henry the First reedified But since the dissolution it hath beene the dwelling house of the Gargraves Knights of especiall good respect Calder springing in the very Confines of Lancashire runneth along certaine Townes of no account among which at Gretland in the top of an Hill whereunto there is no ascent but of one side was digged up this Votive Altar erected as it should seeme to the tutelar God of the whole State of the Brigants which Altar was to bee seene at Bradley in the house of the right worshipfull Sir John Savill Knight Baron of the Exchequer but now among Sir Robert Cottons Antiquities On the other side DUI CI. BRIG ET NUM AUGG. T. AUR. AURELIAN US DD PRO SE ET SUIS S. M. A. G. S. ANTONINO III. ET GET COSS. That is To the God of the whole Communalty and state of the Brigantes and to the sacred Majesty of the Augusti Titus Aurelius Aurelianus hath dedicated for himselfe and his The letters that bee last of all passe my skill altogether When Antonine the third time and Geta were Consuls Now whether that DUI be God whom the Britans now call Diw or a peculiar locall God or Genius of the Brigantes I leave for to be discussed by them that are better learned Like as the soules are divided and distributed among them that are borne saith Symmachus even so are Fatall Genij among Nations And the divine minde allotteth sundry keepers and Guardians to particular Countries For thus they were in old time perswaded in their Divinity and thus they beleeved And to say nothing of forraine Nations whose History is very full of such peculiar and locall Gods the Britans had in that part which now is called ESSEX ANDATES in Cumberland BELLO-TUCADRUS in Northumberland VITERINUS and MOGONTUS as shall appeare more evidently out of those Inscriptions which I will set downe in due place Servius Honoratus likewise hath well and truely observed that these Locall or Topick Gods doe never passe unto other Countries But to returne unto the River Calder which when by the comming in of other waters hee is growne bigge and carryeth a fuller streame hath a faire Bridge over it at Eland neere unto which at Grimscarre were brickes found with this Inscription COH IIII. BRE For the Romanes flourishing in military prowesse in great wisedome and policie exercised both their Legions and Cohorts in time of peace to withstand Idlenesse by casting of ditches making of High-waies baking of brickes building of Bridges c. Calder afterward among the very Hilles leaveth on the left hand Halifax a most famous Towne lying from West to East upon the steepe descent of an Hill And not many ages since tooke it this name whereas before time it was called Horton as some of the Inhabitants doe report who tell this prety story also touching the alteration of the name A certaine Clerke as they call him was farre in love with a maiden who when hee might not have his purpose of her for all the faire meanes and enticements hee could use his love being turned unto rage vilanous Wretch that hee was cut off the Maides head which being hung afterwards upon an Eugh tree the common people counted as an hallowed Relique untill it was rotten yea and they came devoutly to visit it and every one gathered and carryed away with him a branch or sprig of the said tree But after the tree was bare and nothing left but the very stocke such was the credulity of that time it maintained the opinion of reverence and Religion still For the people were perswaded that the little veines that are stretched out and spred betweene the barke and body of the Eugh tree in manner of haires or fine threads were the very haires indeed of the Virgins head Hereupon they that dwelt thereabout repaired on Pilgrimage hither and such resort there was unto it that Horton being but a little Village before grew up to a great Towne and was called by a new name Halig-Fax or Hali-fex that is Holy haire For the Englishmen dwelling beyond Trent called the haire of the head Fax Whence also there is a Family in this Country of Gentlemen named Faire-fax of the faire bush of their haire They therefore which by resemblance of the name gather this to bee Ptolomees Olicana bee farre deceived Now this place is become famous as well among the multitude by reason of a Law there whereby they behead streightwaies whosoever are taken stealing as also amongst the learned for they report that Joannes de Sacro Bosco the Author of the Sphaere was here borne yet more famous it is for the greatnesse of the Parish which reckoneth in it eleven Chappels whereof two be Parish-Chappels and to the number of twelve thousand people therein So that the Inhabitants are wont to give out that this Parish of theirs maintaineth more men and women than other living creatures of what kinde soever Whereas you shall see elsewhere in England in the most fruitfull and fertile places many thousands of Sheepe and very few men as if folke had given place to flockes of Sheepe and heards of Neat or else were devoured of them Moreover the industry of the Inhabitants heere is admirable who in a barraine Soile wherein there is no commodious nay scarce any dwelling and living at all have so come up and flourished by Clothing a trade which they tooke to not above threescore and tenne yeeres agoe at the farthest that they greatly enrich their owne estates and winne the praise from all their neighbours yea and have proved the saying to be true That barraine places give a good edge to industrie and that hence it is that Norinberg in Germanie Venice and Genua in Italie and Limoges in France situate all in barraine places are become right flourishing Cities Sixe miles from hence and not farre from the right side of the River Calder neere unto Almond-bury a little Towne standing upon an
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
therein bee with the narrowest thrust close and pent together yet such is the convenience and commodiousnesse of the haven that for wealth fresh trading and frequent resort it is the second City in all Ireland and hath alwaies shewed a singular loialty fidelitie and obedience to the Imperiall Crowne of England For ever since that Richard Earle of Pembrok wanne it it hath continued so faithfull and quietly disposed that it performed at all times safe and secure peace unto the English on their backes whiles they went on in the conquering of Ireland Whence it is that the Kings of England have granted unto it very many and those right large Franchises which King Henry the seventh augmented and confirmed because the Citizens had demeaned themselves most valiantly and wisely against that Mock-Prince Perkin Warbeck who being a young man of base condition by hoising up the full sailes of impudence went about to mount up aloft unto the Imperiall diadem whiles he a meer suborned counterfeit tooke upon him to be Richard Duke of Yorke the second sonne of King Edward the fourth This countie of Waterford together with the city King Henry the sixth gave unto Iohn Talbot Earle of Shrewsbury aforesaid by these words which because they testifie the valerous vertue of that most martiall Knight to the end that vertue might have the due honour thereto belonging I thinke it worth my labour and haply any man else would deeme no lesse to put downe out of the Record which may be Englished thus We therefore saith the King after other eloquent termes penned by the Secretaries of that age when there was but simple Latin weighing with due consideration the valiant prowesse of our most deere and faithfull cousin John Earle of Shrewsbury and of Weisford Lord Talbot Furnivall and Le Strange sufficiently tried and approved even unto his old age in the warres aforesaid upon his body no lesse bedewed with sweat many a time than embrued with blood and considering in what sort our Countie and Citie of Waterford in our land of Ireland the Castle Seigniory Honour Land and Baronie of Dungarvan and all the Lordships Lands Honours and Baronies with the pertinences within the same County which by forfeiture of rebels by reversion or decease of any person or persons by escheat or any other title of law ought to come into our hands or our progenitors or in the same to be by reason of the hostile invasions of our enemies and rebells in those parts are become so desolate and lye so much exposed to the spoiles of warre wholly as it were wasted that they turne us to no profit but have and doe redound oftentimes to our detriment in this regard also that by the same our Cousin our foresaid land of Ireland may the more valiantly be defended in those parts against such attempts and invasions of our enemies and rebells doe ordaine promote and create him Earle of Waterford together with the stile title name and honour thereto belonging And because as the highnesse of his state and degree groweth all things consequently of necessity grow withall upon our speciall grace certaine knowledge and meere motion and for the estate of the Earle himselfe our Cousin to be maintained in more decent manner we have given granted and by these our letters confirmed unto the same Earle the County aforesaid together with the foresaid stile title name and honour of Earle of Waterford yea and the foresaid City with the fee ferme of the same the Castles Lordships Honours Lands and Baronies with the pertinences within the County likewise all and every sort the Manors Hundreds Wapentakes c. all along the sea coast from the towne of Yoghall unto Waterford City aforesaid To have and to hold the foresaid County of Waterford the stile title name and honour of Earle of Waterford and the City Waterford aforesaid the Castle Seigniory Honour Land and Barony of Dungarvan and all other Lordships Honours Lands and Baronies within the said county as also all and every the foresaid Manors Hundreds c. unto the above named Earle and the heires males issuing out of his body to have I say and to hold of us and our heires by homage fealty and the service of being and to be our Seneschall or Steward and that his heires be the Seneschals of Ireland to us and our heires throughout our whole land of Ireland to do and that hee doe and ought himselfe to doe in the same his office that which his predecessors Seneschals of England were wont to doe hitherto in that office for ever In witnesse whereof c. But when as whiles the Kings of England and the Nobles who had large and goodly possessions in Ireland were much busied and troubled a long time first with the warres of France and afterward with civill warres at home Ireland lay in manner neglected and the State of English there falling still to decay was now in manner come to nothing but the Irishry by occasion of the others absence grew exceeding mighty for to recover these losses and to abate the power of the Irish it was ordained and enacted by the States of the Realme in Parliament that the Earle of Shrewsbury for his absence and carelesnesse in maintaining of his owne should surrender into the hands of the King and his successors the Earledome and towne of Waterford the Duke of Norfolke likewise the Baron Barkley the heires generall of the Earle of Ormond and all the Abbats Priors c. of England who had any lands should surrender up all their possessions unto the King and his successors for the same absence and neglect THE COUNTY OF LIMERICK HItherto have wee gone over the Maritime counties of Mounster two there remaine yet behind that bee in-lands Limericke and Tipperary which wee are now to goe unto The county of LIMERICK lieth behinde that of Corke Northward betweene Kerry the river Shanon and the county of Tipperary A fertile countrey and well peopled but able to shew very few places of any good account and importance The more Western part of it is called Conilagh wherein among the hills Knock-Patric that is Patricks hill mounteth up of a mighty height and yeelding a pleasant prospect into the sea beholdeth afarre off the river Shanon falling with a wide and wast mouth into the Vergivian or Ocean Under which hill a sept of Fitz-Giralds or Giraldines lived honourably a long time untill that Thomas called the Knight of the Valley or of the Glin when his gracelesse sonne that wicked firebrand suffered death for to set villages and houses a fire is by the lawes of Ireland high treason because himselfe advised his sonne and set him on to enter into these lewd actions by authority of the Parliament was disseized of his goodly and large possessions The head City of this county is Limerick which Shanon a most famous river by parting his chanell compasseth round about The Irish call it Loumeag and