CAMDEN MISCELLANY VOL. XII CAMDEN THIRD SERIES VOL. XVIII LONDON OFFICES OF THE SOCIETY 6 & 7 SOUTH SQUARE GRAY'S INN 1910 - iJ 19/4 20 #Jl V.I? CONTENTS Page TWO LONDON CHRONICLES, FROM THE COLLECTIONS OF JOHN STOW. EDITED BY C. L. KINGSFORD, M.A., F.S.A., F.R.Hisr.S iij LIFE OF SIR JOHN DIGBY (1605-1645). EDITED BY GEORGES BERNARD, L.ES-L. . . . . . 61 ITER BELLICOSUM: ADAM WHEELER HIS ACCOUNT OF 1685. EDITED BY H. E. MALDEN, M.A., HON. FELLOW OF TRINITY HALL, CAMBRIDGE, V.-P. AND HON. SEC. R.HisT.S. 153 COMMON RIGHTS AT COTTENHAM AND STRET- HAM IN CAMBRIDGESHIRE. EDITED BY W. CUNNINGHAM, D.D., F.B.A., PRESIDENT OF THE ROYAL HISTORICAL SOCIETY AND ARCHDEACON OF ELY . . 169 TWO LONDON CHRONICLES FROM THE COLLECTIONS OF JOHN STOW TWO LONDON CHRONICLES^** .* «$ ?&&•*$ * FROM THE COLLECTIONS OF JOHN STOW :/0 EDITED FOR THE ROYAL HISTORICAL SOCIETY BY CHARLES LETHBRIDGE KINGSFORD M.A., F.S.A., F.R.HIST.S. CAMDEN MISCELLAN.Y VOL. XII (Ontario LONDON OFFICES OF THE SOCIETY 6 & 7 SOUTH SQUARE GRAY'S INN 1910 INTRODUCTION The two short London Chronicles here printed are both preserv- ed amongst the Collections of John Stow in the British Museum, and both illustrate (though in very different degrees) the manner in which he composed his History of England, beginning with his Summary of English Chronicles and ending with his better known Annales. The first and much the more important is copied in Harley MS. 540 ff. 7-21, partly in" Stow's own writing and partly by another hand. At the beginning it is stated to be ' copied out of Myster Lordynge's booke.' Who Mr Lordyng was I cannot say. But his book was probably a copy of one of the old Chronicles of London, as the four brief notes, with which the Chronicle in the Harley MS. begins, seem to indicate. It would be quite in accordance with custom for a later owner to have entered at the. end of the original Chronicle from time to time a continuation of his own. This is the character of the main Chronicle here printed for the years 1523 to 1555. Really there are two separate Chronicles, entered no doubt in the original by two different owners. The first is for the years 1523 to 1540; the second for 1548 to 1555. For the intervening years 1540 to 1548 the names of the mayors and sheriffs, with a single bald note under 1543-44, had been entered, possibly by the writer of the second Chronicle. These two Chronicles of Harley MS. 540 are clearly of different authorship, having nothing in common save for certain indications that the writers of both were of anti- Protestant feelings. The chief interest of the earlier Chronicle (1523-1540) consists in the fact that it formed the principal source for Stow's narrative in the first editions of his Summary of English Chronicles published vi INTRODUCTION in 1565 and i566. It is somewhat amusing to find that Stow was, for matters almost within his own memory, copying so slavishly from a written Chronicle, at the very time when he was censuring Grafton for having made an unfair use of his own printed work. l It is true that Stow added for these years a little from Hall, but the early editions of the Summary are substantially a mere repro- duction from the Chronicle here printed. In the subsequent editions of the Summary in 1570 and 1575, and still more in the final history as given in the Annalcs, Stow drew much more freely on other sources. A great deal of matter contained in this Chronicle was thus gradually dropped. Meantime something had been borrowed by Holinshed without any specific acknowledgement of his source. It is thus necessary to recognise that the successive editions of Stow's Summary are deserving of more attention than they have commonly received. Though Stow for the most part followed the Chronicle very closely, his departures from his original in some places are noteworthy. The original contains certain matter, which, when Stow wrote thirty years later, it would not have been judicious to Vepeat. Under 1528-9 a reference to the u selling of Martin Luther's books " is omitted. ' So also is that to the burning of Tyndal's books in Nov. 1530. More remarkable is the omission of the reference to Catherine of Aragon l a blysyd lady and a good, and of the pathetic story of the two women, who ' fortified theyr saying still to die in the quarell for Queen Catherine's sake.' On the other hand it is to be noted that the Chronicler had not recorded the proclamation of the king's supremacy in 1534, passed over Anne Boleyn's wedding and the birth of the princess Elizabeth, and even the birth of Edward VI ; the omission to mention the suppression of the monasteries under 1537-8 may also be due to anti- Protestant sympathies, which the writer feared to express. Through Stow the Chronicle is several times quoted by Holinshed; 1 Dedication of Summary Abridged for 1567 ap. Survey of London i. Ixxvii. * P- 5 p. 7 INTRODUCTION vii as for the events of 1534-5, for the procession on 11 Nov. 1535, the jousting at Westminster on 29 June 1536, the penance of Thomas Newman on 12 Nov. 1536, and the execution of the Vicar of Wandsworth on 8 July 1539. ' For the most part the Chronicle consists of brief notes, probably written down immediately after the events to which they relate. Executions, penances for heresy, and incidents of civic history furnish the principal staple of the narrative. Passages of more moment, which may be mentioned, are the reference to Queen Catherine noted above, the description of the prosecution of the Maid of Kent,* the long account of the procession on 11th Nov. 1535, 3 and the curious notice of Thomas Cromwell's alleged parentage. 4 The chronology of the Chronicle calls for some explanation. The note 5 that ( this boke doth accoumpte ye yere to begyn at Novembar, ' was probably inserted by Stow, who did not recognise that the years were mayoral not regnal. But the numbers of the years as given in the text have been frequently altered, the original numbers having been a year earlier ('xvj.' for 'xvij.' etc.). The explanation probably is that the original writer put down the mayor, who held office in April 1509, as the mayor for the ' first year of Henry VIII. ' Thus the mayor and sheriffs for 1509-10 would have been entered as those for 2 Henry VIII ; and Thomas Baldry would have appeared under 16 Henry VIII, though he really held office 1523-24 in the 15th and 16th regnal years. The dates as given in the text are the corrected ones ; they follow the most common custom of the London Chronicles and of Stow's Summary, in accordance with which the first mayoral year of Henry VIII was that of the mayor, who took office on 29th October 1509. The second Chronicle for 1548-55 is distinguished from the first by its much greater fulness in matters which it describes, and by less attention to trivial incidents. Partly for these reasons, and 1 Holinshed, iii. 793, 798, 803, 810 ; cf. pp. 10, 13, 15 below. 2 pp. 8-9. 3 p. 11-12. 4 P- 15- 5 p. i. viii INTRODUCTION partly because Stow, from whatever cause, made much less use of it, it is of far more interest. Stow had by this point reached a time well within his own recollection, and may consequently have depended less on written memorials. When he first wrote, moreover, events of such recent happening required discreet handling. When later on he expanded his history, he had at his disposal the manuscript Chronicle of Queen Jane and Queen Marie1, and also as it would appear a copy of Charles Wriothesley's Chronicle. Thus he not only made less use of our Chronicle from 1548 to 1555 in his Summary, but also omitted more of what he had at first borrowed, when he came to write his Annales. The Chronicle opens with a long account of the disturbances of 1549. The description of the rising at Exeter is followed fairly closely by Stow. The story of the disparking of Thame and Rycote, as here given, seems to be novel, and the account of Kelt's rebellion differs from that given by Stow. 2 The first arrest of Somerset, 3 and the story of Captains Charles and Gambold, 4 are given without any particular additions to other accounts. Most of the history of 1550-52 appears in a very similar form to that adopted by Stow in his Summary. 5 Of the events which attended the acces- sion of Queen Mary we get an independent and interesting account of which Stow made little use. 6 Wyatt's rebellion is described freshly, as by one who wrote from his own knowledge; the most notable new point being the story of how Wyatt managed to get into Fleet Street without being recognised.7 There is a good deal of detail on the subsequent incidents of the spring of 1554, but with nothing that calls for comment till we reach the trial of Nicholas Throckmorton,8 where the sufferings of the stalwart jurors, who would not find him guilty, are told at more length than elsewhere. The arrival of Philip of Spain is described with 1 Harley MS. 194: printed in Camden Society i* Series No. 48. 2 pp. 17-19 3 P- 19 4 p 20 * pp. 22-26 e pp. 27-29 7 PP- 31-33 8 PP- 35 and 39 INTRODUCTION ix some small details of interest. l Gardiner's sermon at Paul's Cross on 2nd December, 1554, 2 is summarised in a manner which shows that the Chronicle consists of notes, perhaps written down on the spot, until the bells ( made such noise that I could not understand three words together. ' Of this, the most interesting passage in the whole Chronicle, Stow made no use at all. So far as I can discover no other writer gives so minute an account of Gardiner's sermon. The Chronicle ends with the death of Gardiner in No- vember, 1555. But the history of the last eleven months includes nothing of importance, which cannot be found elsewhere. The description of the flood in October, 1555, 3 shows how Stow used this Chronicle in his Summary, but discarded it in the Annales. The use of the Chronicle by Stow, and the points in which it differs from other contemporary records are illustrated sufficiently in the footnotes to the text. Except where otherwise noted the Summary is quoted from the edition of 1566 (which here differs little from that of 1565), and the Annales from the edition of 1605. (Stow's own final and authoritative text). The brief City Chronicle for 1547 to 1564 is of a different charac- ter to the previous one. Harley MS. 530 ff. 105-110, whence it comes, consists of short historical notes written early in the reign of Elizabeth. The first note is for the 54th year of Henry III taken from Fabyan. Other notes of fourteenth century history follow from Froissart. A notice of Wiclif is borrowed from John Bale. On f. 107 comes a note, which is worth quoting as a charac- teristic specimen : — " Mr. Hall writeth the batayle of Egyncorte to be in the 4 yere, & I do think it gode to referr the redar to mtr hall, who writeth of it at large takyn owt of the frenche cronicle made by enguyron, 4 who did write ymmediatly after frosard. " 1 PP- 37-38 2 pp. 4o, 41 3 P- 43 * Enguerrant de Monstrelet. x INTRODUCTION On f. 108ro there are a few notes on the reign of Henry VIII. The last alone is of any interest : — u In the 25 yere the statute was made for the selling of flessh by waight ; toke effect the first day of August. " ! There then begins the more regular and original Chronicle here printed. ' The writer, unlike the authors of the previous Chron- icle, seems from his notices on religious matters to have been a Protestant. There are a few entries of political matters. But the more interesting part of the Chronicle consist of notes, which would appear to have been made by a London merchant trading abroad. They relate chiefly to incidents and disasters at sea : to captures of French and Spanish ships : to the pirate Strangwysh ; and to the naval warfare off Newhaven, or Havre, in 1563-64. The reference to an exploit of John Hawkins in the autumn of 1563 seems to be novel. Other entries on the rate of exchange with Antwerp, and on prices, also indicate that the writer was interested in commerce. Two amusing notes are of the rainy season of 1563, which caused such a dearth of hops that beer was brewed with broom and bay-berries, and of the abundance of fruit in the following summer. The statement as to the causes which led to the English intervention at Havre in 1563, appears to have been borrowed by Stow for his own narrative in the Annales. Apart from its contents this Chronicle has a certain interest as illustrating how long the practice of keeping written records in the form of civic Annals persisted with London citizens. 1 Cf. Stow, Survey of London, i. 187. 2 PP- 47-49- A LONDON CHRONICLE 1523-1555 The notes folowynge wer copied out of Myst'. Lordynges boke. Richard ye seconde The iijde yere of his reygne ye galyottis of Spayne w* othar small shipps cam a land at Gravesende, & robbyd & brent ye moaste parte [of ye] towne. The xviij. yere of Richard ye second ye heresies of John Wyk- clyffe began to spryng in England. Henry ye fourthe Ye xj. yere of his reygne began ye alaye of goulde : & ye kyngs sons betyn in ye Chepe. Henry ye vij The first yere of his reyne ye crosse in Chepe was new buylded, Hughe Bryce beyng mayre. The xiij of his reygne ye wedercoke of Powlls was new made. Henrie ye viij This boke dothe accowmpte ye yere to begyn at November, but yt dothe not begyn tyll Aprill next foloynge, which is to be noted. l 1 This is a note made by Stow, who did not then realise that these London Chronicles were dated by mayoral years beginning on 29th Oct. The regnal years of Henry viii began on 22nd April. See Introduction, p. iii. above. 2 TWO LONDON CHRONICLES Ye xv. yere of Henrie ye viij, Tomas Baldry beyng may re, was ye lady Hungarford and hir man hangyd at Tyburne.1 The xvj. yere of his reyne yecastellof Grenewyche was buyldyd. Ye same yere, ye xviij daye of June, was creatyd at Brydewell Henrie, ye kyngis bastard, duke of Richemont & Somersete, & earle of Nothyngham, highe steward of Englande, warden of all ye marches agaynst Scotlande, hyghe admyrall of ye sea, highe Justice of all ye kyngs parkes, chaces, mayrynes, & forestis.' from Trent to Scotland, & hyghe steward to ye byshope of Yorke & Doram. * The xvij. yere of his reygne, ye xj. day of februarie, beynge shroffe sondaye, v. men of ye Stilaard dyd penaunce, iij. of them bare fagotes at Powles, & ij. of them bare taperes. And an awsten fryar callyd doctor Barns of Cambryge bare a fagot at Powles ye same daye. The same yere ye vj. day of September was proclamyd of goulde ye frenche crowne iiij.s. vj.d., ye halffe noble iij.s. ix.d., ye angell noble vij.s. vj.d., and ye riall xj.s. iij.d., & so every pese affter yl valewe. 3 The xviij. yere, Thomas Seamar mayre, of his reygne, ye iij. day 'of Julii, ye lorde cardenall rode thorowe Chepe, & so toward Fraunce 4 ; & ye xv. day of ye same monythe was one Harman drawyn from Newgate to Tyburn, & there hangyd for qwynynge of falce golde. 5 And in ye same yere in Julii & in August was ye slewcys made in Fynsbery fylde to convaye ye yll watars ovar ye towne dyche by pypes of lede in to ye Temes. 6 In y* same yere was great skarsnes of breade at London, & all England, y* many dyed for defaut therof : & ye bread cartes y* came from Stratford to London were mett by yeway at Myllende by ye citisensof London, 1 The notice for this year is added in the margin. 3 Summary omits. 3 This forms the whole notice for the year in the Summary, save for an addi- tion as to the sermon preached by bishop Fisher at S* Paul's on IIth Feb. 4 At more length in Summary. 5 Summary, but reading : 'coynynge'. . « Abbreviated in Summary, and in Survey, ii. 77- TWO LONDON CHRONICLES 3 y* ye mayr and shrivis were fayne to goo & reskew them, & se them browght to ye markytis apoyntyd. l The xix. yere, of his reygne, James Spencer mayre, ye first day of Novembar, my lord cardinall w' yc Ambasadours of Fraunce wer at Powles, & ther was proclaymyd a generall peace betwene kyng Henrie of England & Francys ye frenche kynge durynge theyr lyves, & a xij. monythe & a day afftar. 2 The viij. day of Novembar iij. scolers of Cambryge, & one Fostar a gentyllman of y° cowrte bare ffagotts at Powlis for heresy. * This yere was no watche at mydsomer. ye vij. of October cam to London a legat from Rome. The v. day of January y« cardynall, & many byshopes, & abbotis, & priours, went a prossecion at Powles, & sange te deum for ye eskapynge of ye pope from ye emperour. The xiij. clay of January was a great fyar at Andre we Moreys key in Terns strete, & anothar key by it, wher was myche hurte done. The vij. clay of Aprell ye lord master of ye Rodes cam to London, & lay at sent Johns in Smythfyld. The xvij day of June ye terem was aiournycl to myhellmas aftar, becaws of ye swetynge sykenes y* reygnyd at yi tym in London & in othar placis.' 5 The xx. yere of his reygne, J. Ruclstone mayre, ye xxix. of November y« parysshe prist of Hony lane & a yonge man, y* some tyme was vsshar of seynt Anthonys scole, bare fagottis at Powlis. And ij. othar men, one a duche man, y« othar an englyshe man, bare tapers of wax for sellyng of Martyn Leuthars bokes. 6 The viij. daye of Maye a powche maker bare a fagote at Powles 1 Summary with additions from Hall. 2 Summary. 3 Summary. 4 Because of the sweating sickness. This and the following note are transferred in the Summary to their proper chronological position at the end of the year. 5 The whole of this paragraph appears in the Summary, with the addition of a note as to how two French and Flemish vessels chased one another from Margate to Tower wharf. 6 Summary, but omitting/ for sellyng etc.' A note on the sessions of the Cardinals at Blackfriars is then inserted from Hall. 4 TWO LONDON CHRONICLES for heresye The vj. day of September one John Skotte, wod- monger, dyd penaunce in Chepe and othar placis of ye citie, goynge in his shurte, bare leggyd & bare fottyd, and a proclamacion made at ye Standard, at Ledyn hall, & at Grace churche vpon misde meanor agaynst ye mayre & ye aldermen wl ye shrives. 1 The xviij day of October was ye cardynall dyschargyd of his chauncelourshype. & ye kynge seasyd all his goods & his place at Westmystar : & ye xxv. day of ye same monythe he went Yorke place to Ashehere 2 wfc xxx. persones & no more, & ther to abyde tyll he knew furdar of ye kyngs pleasure. And the xxvj. day of Octobre was sir Thomas More made chauncelour England,' & sworne, & kepte his rome all one day. 3 The xxj yere of his reygne, Rauffe Dodmer mayre, y6 vnj. day of Decembre was one sir Thomas Bolyn, callyd lord of Rocheforde, was made earle of Ormonde & of Wylshere, & ye lorde ffughe Watars 4 was made earle of Sussex, & my lorde Hastynges was made earle of Huntyngton. * The xiij day of Janewarie was a great fyar in ye Vyntry, & myche hurte done. The xxiij. day of Janewarie was iij. men, one aGaskone, & ij. eryche6 men, drawne ' from Newgat to ye Towerhyll, and ther hangyd & quarteryd for countarfeytynge ye kyngs coyne. The xvj. day of Maye was a gebyt set vp in Fynsbery filde, & a man hangyd in chaynes for kvllynge of doctour Myles, vykar of sent Brydes. The v. day of Julii was one hangyd in chayns in Fynsbery fyld for kyllynge mastres knevytt's mayd in sente Auntolyns paryshe. 7 The xxij. yere of his reygne, Thomas Pargetour mayre, ye : 1 Summary, but reading : ' his demeanor '. s Itnmary. Three notes are then added on William Tyndale, the peace, and the parliament at Blackfriars. 4 Fitz Walter. 5 The notice of these creations is omitted in the Summary. ' The whole of the latter part of this paragraph appears in the Summary, together with two notes on Tyndal's translation of the New Testament, and « the proclamation prohibiting communication with Rome. TWO LONDON CHRONICLES 5 day of Novembar iiij. men, whose names were, Thomas Somar, John Pursar, Tyndall, & a prentys on London brydge, they rode from the Towre of London wfc papars on theyr heades vnto ye crosse in Chepe, & ther was made a great fyar & theyr bokes brent. l The v. day of Aprylle was a coke boylyd in a cawclren of brasse in Smythefylde for ye poysonynge of ye byshope of Rochestars servant. 2 At mydsomar ye constables rode in ye watche. The xiiij. day of Julii maystre Lacis servant was hangyd in Fynsbery fylde for ye morderynge of a mayde, & for ye robynge of this sayd mistar Lacie. The xix. day of August y6 byshope of Norwyche brynt a master of Arte callyd Thomas Bylneye. The xxij. day of October Paytmer, a merchant & a glayssyar, bare fagotis at Powles. 4 The xxiij. yere of his reygne, Nicholas Lambarde, mayre, ye v. day of November ij. men bare fagotis at Powles, one of them was Parnylls servant, a drapar. The xj. day of Novembar Hade Thomson was commyttyd to perpetuall pryson for eresye : the same Harie cam owt agayn by ye kyngs chartar : ye same day on Pattmer, a pryst, was commyttyd to pepetuall pryson for heresye. 5 The xxvij. day of November was a monke of* Bery 6 burnt in Smythefylde for heresie. 7 The iiij. day of December was one Risse 8 Gryffyn, a gentylman of Wales, behedyd at yc Towre hyll, & his man hanged, drawne, & quarteryd at Tybourne for treason. The xx. day of Decembar was a pouchemaker brent in Smythefyld for heresie. 9 The xxvij. day of Janewarie, a douche man bare a 1 Omitted in Summary. 2 Summary, but reading : ' poysonynge dyuers persons at the byshop of Rochesters pjace ' ; and giving the cook's name ' one Richarde Rose'. 3 These two notes are omitted in the Summary. 4 Summary ; but Bilney is called ' a bacheler of law ', and ' Paules crosse ' is substituted for ' Powles '. 5 These notes are omitted in the Summary. 6 Bury. 7 Summary omits ' for heresie '. 8 Ryce, Summary. 9 Summary omits this note. 6 TWO LONDON CHRONICLES fagot at Powles crosse for heresie. Ye xj. day of February one bare a fagot at Polls crosse. The xxj. day of August one bare a fagot at Powlys for heresye. l The laste day of Apryll was one Baynam brent in Smythefylde for herisye. The xxv. day of Maye was takyn between Grenewyche & London ij. greate fyshis callid herlpoles, both a male & a female. The iiij. day of June was dyscharged syr Thomas More of his chauncelourshipe, & for him was chosyn mistar Audleye, sergant of ye coyffe, & was made cheffe justice in ye chancerie, & cald by his offyce lorde brode scale. 2 The xv. day of June was v. men drawne from Newgate to ye"To\vr hyll, & then hangyd & quarteryd for qwynynge of sylvar & clypynge of gowld. 3 The xxviij. day of June was one othar man hangyd in chaynes in Fynsbery fylde for ye kylynge of mystris Lacis mayd. 4 The v. day of Julii was a pryst dwellynge at S. Andrews by syd ye wardrope drawne from Newgate to ye Towr hyll, & ther hangid & quarteryd for clypynge of gowlde. 5 Allso in Julii ye kynge put dowue ye priour of Christchurche in London, all ye chanons of ye same place ye kyng sent to othar placis of ye same relygyon, for be caws ye same priour lyvyd vnthriftely & wl his vngracious rewle brought yc same house in debt, yl he was not able to kepe his housse and mayntayne it.6 The xvij. day of Auguste ij. prestis of Allhallows in Bredstrete fell at variance, yl y6 one prist drew blode on ye othar, wherfore yc same churche was supendyd & and no servys sayd nor songe in one monythe. 7 This yere in August & Septembar ye kynge repayryd y° Towr of London, & mad ther myche buyldynge. The fyrst of Septembar 1 Summary omits the last two notes. 2 Stow records this in his own words, and adds notes on the king's supremacy, and on Cromwell's promotion. 3 Summary, but reading : ' coynyng '. 4 Summary omits. * Summary. 6 Summary, but omitting from ' for be caws ' to ' mayntayne it.' Compare Stow's story of the prior's hospitality ap. Survey i. 141 and ii. 291, and Hall, Chronicle. 7 Given with the subsequent note of their penance by Stow in Survey, i. 347. TWO LONDON CHRONICLES 7 was the lady Anne Bullyn made marchionys of Penbroke at Wynd- sore. The vij. day of October ye kynge went to Calys & to Bol- lyne, & came ovar agayn ye xiij. day of Novembar folowynge. ] The xxv. day of Octobar ye ij. pristis of Allhallowne in Bredstrete wer joynyd in penaunce to go byfore yegenerall prossecion wl bare feet, bare leggyd, & bare hedyd, before ye children, w* bedes & bokes in theyr hands, & so dyd theyr penaunce. The xxiiij. yere of his reygne, Stephen Pekoke, mayre, ye xv. day of Decembar was a great fyar at ye byshop of Lyncolnes place in Holbourne, & myche hurt done. 2 The xvij. day of Marche was chosyn Edward Hall, gentylman, of Greys In, to be comon sargaunte of ye citie of London. 3 The x. clay of Aprill was a dole at sent Mary Overies in Sothewarke, & at ye same dole was so great preace of pore people yi ther was smoulderyd in y(' strete iiij. men, ij. wemen, & a boye, starke deade. 4 The xij. day of Aprill was ye countes of Penbroke, lady Anne Bolyne, dowghter of syr Thomas Bolen, bacheylar knyght, but yc kynge made hym lorde of Rocheforcle, & earl of Wylshire & Ormonde, on Estar eve ye xij. day of Aprill she was proclaymyd quen of England ; & quene Katheryn was put downe, & hir dowghtar Mary, pryncis, was lykewyse put downe, beyng his owne dowghtar gotyn on quene Katheryn, whiche was xxiiij. yere his wyffe & quene of England, a blysyd lady & a good. * Ye xij. day of May Pavyar, ye towne clarke, honge hym selffe. The iiij. day of Julii was brent in Smythefyld John Frythe, a scolar of Oxforde, & a taylours servante, bothe together for heresye. 6 The vj. day of Julye was quen Katheryn proclaymyd princis Arthours 1 The last^ three notes in Summary, with an addition on the king's marriage to Anne Boleyn. 2 Summary. 3 Summary adding : ' Whiche Edward Halle made the notable boke of Chronicles '. 4 Summary but reading, ' Audries ' for ' Overies ', and omitting ' in ye strete '. 5 For the proclamation of Queen Anne the Summary follows Hall's Chronicle, and omits the reference to Queen Katharine altogether. 6 Wriothesley's Chron. i. 22. The second was Andrew Hewit. Q)ntaiitt. Of i" 8 TWO LONDON CHRONICLES Wydowe. l The xvij. day of Julii were ij. marchauntis slayne on y6 watar toward Westmynstar by one Wolffe & his wyffe. The xxiij. day of August wear ij. women betton abowght the Chepe nakyd from ye waste vpwarde, w* roddes, & theyr eris naylyd to ye Standard for by cause they sayd quene Katheryn was ye treu quen of England, & not quene Ane : and one of ye wemen was byge w1 childe : & whan thes ij. wemen had thus bene punyshed, they forteffyed theyr sayenge styll, to dy in ye quarell for quene Katheryns sake. 2 The v. day of Octobar was a great fyar at Baynards castell, & great hurt don. The xxv. yere of his reygne, Christopher Askewe, mayre, y6 xxiiij. day of Octobar was ther a skafolde set up at Powles crosse, & ther on stode a none namyd Anne 3 Barton, callyd ye holy mayd of Courtopstrete * bysyde Cauntourbury in Kent, & ij. monkes of Cauntourbery, y6 one was doctor Boccynge, a devyn, & ij. obsarvant fryars, one was ye father of y* house of Richemount & ye othar was of Cauntourbery, & ye parson of Aldermary in London callyd Mst. Gowlde, & anothar priste confessor to ye same none, & ij. lay men, & at y6 same crosse was a sermond made by kye byshope of Bangowre, callyd ye Abbot of Hyde, wher was shewyd all theyr offends, & so they wer from thence removyd to ye Towr. 5 1 The Summary omits the last two notes. It gives the enactment for butchers, which reappears in the Survey, i. 187. 1 This pathetic story is omitted in the Summary. It is remarkable that the Chronicle has no notice of the birth of Elizabeth on 7 Sept, which Stow duly inserts before the note on the fire at Baynard's Castle. 3 Should be ' Elizabeth '. 4 Court-up-street, or Court-at-street. 5 In the Summary Stow transfers this verbatim to the 24th mayoral year, to which it properly belongs. The true date was 23rd Oct. see Letters and Papers vi. 1433, 1460 and vii. 72, p. 29, and Gairdner, Lollardy and the Reformation, i. 455. Wriothesley Chron. i. 23 gives the date as 23rd Nov. The monks were Edward Bockyng and Richard Deryng, the friars Hugh Rich and Richard Risby, the priest Richard Masters, parson of Aldington, and the laymen Edward Thwaytes and Thomas Gold. TWO LONDON CHRONICLES 9 The xxviij. day of Januarie was a great fyshe taken at Blake walle callyd a whall, & was brought up to Westminstar to ye kynge to see, so browght downe to Broken wharffe & ther cut out. The fyrst day of Apryll wer Wolffe & his wyffe hangyd at ye turnyngetre in Lambethe marche, for ye deathe of ye ij. Lombardes afore namyd. The xx. day of Apryll were ij. monkes of Cantor- bury, ij. observant fryars, ye person of Alclermarie in London, & a none callycl ye holy mayd of Courthopstrete in Kent bysyd Caun- tourbery, all thes wer drawne from ye Tour of London vnto Tybourne & ther hangyd, qwarteryd, & theyr hedes set vpon London brydge, & at ye gate of ye citie of London. 1 The xx. day of Apryll all ye craft es & companyes in London were sworne to ye kynge & to quene Anne & theyr eyres. The xxv. clay of Maye was a great fyar at ye Saltars hall in Bredstrete & moche harme done. The v. day of June wer all servants & prentisys of ye age of xx. yeres or above sworne to ye kynge, & quene Anne his wyffe, & to the issewe of them. The ix. day of Julii was y° lord Dacres of ye northe araynyd of treason, and acqwyted of ye same. 2 The xj. day of August was all ye placis of ye obsarvant fryars, as Grenewyche, Cantorburie, Rychemonte, & Newarke, & New- castell, put downe, & Austyn fryars put in ye same places, & ye same obsarvantis wer put in placys of grave fryars &c. The xiij. day of August was a great fyar at ye Temple barr, & myche hurt don & certayne persons byrnt. The xv. day of August ye kyngs place at Chary nge crosse, callyd ye Mewse, was a fyre.3 The xxj. day of Septembar doctor Taylor, mastar of ye Rolls was dyschargyd, & for hym Mst. Thomas Cromwell was made maystar of ye Rolls, & sworne ye ix. day of Octobar. 4 1 Summary adds : 'and theyr bodies buried '. 2 Summary has ' treason, where he so wittily and directly confuted hys accusers, that to theyr great shame, he was founde by his peres not gyltie '. Stow then inserts from Hall a notice (misplaced, see above under 1532-33) of the mar- tyrdom of John Frith and Andrew Hewet. 3 This is differently described in the Summary. 4 Summary adds : ' who afterwarde bare great rule. ' J#J <3 V)Hf&rta. 10 TWO LONDON CHRONICLES The xxvj. yere of his reygne, John Champneys mayre, l ye xxix. day of Apryll ye prior of ye Charterhouse of London, the prior of Beuall, 2 the prior of Exsam, 3 & a brodar of ye same callyd mistar Raynolds, & a pryste callyd Mast. John Hayle, vicar of Thystyl- worthe 4 were all condemnyd of treason & judgyde at Westmystar to be drawne, hangyd, & quarteryd at Tybourne, who wer executyd at Tyborne ye iiij. day of May, & ther heds & quarters set at every gate of London, & at ye Chartarhous in London one quartar. The viij. day of May the kynge comaundyd all about his court to powl theyr hedes, & to gyve them ensample he dyd cawse his owne hed to be powllyd lykewyse. The xxv. day of May was a great examynacion of ery tykes borne in Holand beyond ye see; ther was examynyd xix. men & vj. wemen of ye same country borne.5 The ij. day of June mistar Hall was chosyn vnclar shrive by ye mayre & comon counsell, who was before ye comon sargante of London.6 The iiij. day of June a man & his wyffe borne in Bothe in Holand 7 wer byrnt in Smythefyld for heresye. 8 The xviij. day of June wer thre monkes of ye Chartarhouse, Exmew, Mydlemor, & Nydygate, drawn to Tyborne, & ther hangyd & -quarteryd. The xxij. day of June was doctor Fyshar, byshope of Rochestar, behedyd at ye Towre hyll, 9 [his body buryed at Bar- kynge 10]. The xvj. day of Julii syr Thomas More was behedyd at Tour hyll n [then yc body of byshope of Rochestar was taken vp, I In the Summary Stow inserts a note on the Parliament of November, 1534. • Beauvale. 3 Summary reads ' Hexham '. It should be ' Axholme '. 4 Isleworth. 5 Summary then adds "their opinions". 6 Summary adds : ' as is aforesaid.' 7 Summary : ' borne in Holland '. 9 Summary: ' for the Arrianes heresie '. 9 Summary inserts: ' his head was set on London 'bridge, and '. 10 Allhallows Barking. II Summary inserts: ' for denyall of the Kynges supremacy ', and omits the following clause. The words bracketed above are an insertion, and perhaps did not appear in the original. In the Annales, 963. Stow follows the Chronicle, as TWO LONDON CHRONICLES 11 & w1 ye body of s. Thomas More buryd in ye Towre]. l In Octo- ber ye kynge sent doctour Lee to vysyt ye abayes, priories, & non- ryes in England, & to put out all relygious persons that wolde goo, & all them yfc wer vndar ye age of xxiiij. yers, as nones, fryars, monkes, & chanons, ye were put of theyr housys, y1 abot & pryor shulde gyve every one in ye stede of ther abbet a pristes gowne, & xl. s. of money, & ye nunes to have suche aparell as seculer wemen were, & to go wher they wyll. He toke out of monestaries & abbayes all theyr relikes & Jewells 2 Syr John Allyn, mayre, yc xxvij. 3 yere of ye kynge, y° xj. day of Novembar, beyng styll in ye xxvij. yere of Henrie y(> viij., was a great procession at London by ye kyngis commandement : fyrst went y(1 wayts of y° citie all vj., 4 & nexte folowynge ye children of ye gramer scoll of sente Thomas of Acres w1 ye schollmayster afftar them ; 5 next aftar them came sent Anthonys scole & ye mastar & vshar aftar them : nexte came ye scholars of Powles schole wl theyr mastar & vshar aftar them : next came all ye mynstrells of London in theyr best apayrell, & ye mastar of ye sayd mynstrells w* his gyrdyll abought hem as he doth were on myd lent sondaye : 6 nexte aftar them com ye crwchyd fryers, & every fryer had a coppe and theyr crosse : nexte aftar them com ye fryars Austyns w4 theyr crosse & every fryar a cope : next came ye white friars \vrt theyr crosse & every friar a cope : next came ye graye fryars & theyr crosse & every fryar a cope : next came ye blake fryars w* theyr crosse & every fryar a cope, syngynge ye letany w* faburdyn : 7 above, except that in each case he states that the execution was for denial of the king's supremacy. 1 Summary inserts a note on the Earl of Kildare and his son. 2 Summary. 3 Originally this was ' xxviij.' See Introduction p. iii. 4 Summary : ' citie goynge formoste.'. 5 Summary : ' schole of the mercers chapell with theyr mastar.' 6 Summary : ' mynstrels, with his collar.' 7 Summary gives simply a list of the Friars, and ends: ' all in copes, with theyr crosses and candelsticks.' 12 TWO LONDON CHRONICLES next cam ye chanons of sent Marie Overyes, l ye chanons of sent Barthelmewis, wl ye chanons of Esynge 2 spityll, & ye chanons of sent Mary spitill, w1 ye priours of ye same howsys wfc tlieyr crosses & candelstykes and theyr vergirers before them, & every chanon & priour in a cope : next aftar them came ye clarkes of London, & every one of them a cope : aftar them ye prystis of London, & everie one in a cope : aftar them cam ye monkes of Newe abbeye, & y° monkes of Barmondsey, wi ye monkes of Westmystar,' syn- gynge, wl theyr crossys & vergerers & sensars, w1 candylstyks, & every monke a cope, ye Abotis of thes placis in copes, myteryd.. 3 Aftar them cam Powles quere, every priste & clerke had a cope w1 all theyr residentaris in copes, syngynge the letany wl faburden ; aftar them cam ye Abotes & priors, y1 was myteryd men, in theyr pontefycallibus : than cam ij. mynstrells before ye byshope of Lon- don, who come vndar a canypie wl a cope on his bake, berynge betwen his hands a crosse wfc ye ost therin, & othar relykes, & abowghte hym was borne by ye byshopis servantis xij. torch prikes of wax brenynge lyght : 4 aftar them come ye bachilars of ye com- pany of my lorde mayr in theyr aparell 5 w1 theyr hoods as they xiyd whan ye mayr toke his othe. Aftar them come my lorde mayre in a gowne of blake velvyt wl a hode of velvyt of ye same. Aftar hym com xix. 6 aldarmen in theyr gownes of skarlet : & aitar them ye craftis of London in theyr degres. Ye nombar of copys that wrare worne in this prossessyon was vij. hundred & xviij. 7 The last day of Decembar my lord mayre gave comaundement 1 Summary, ' Auderies '. 2 Elsing. 3 Summary: 'all syngynge the Letany wyth Faburden, theyr crosses, candel- styckes, and Vergerers beef ore them '. 4 Summary: " Powles quyer, with theyr Resydensaries: The byshop of London, and the Abbottes mytered in theyr Pontificalibus. ". 5 Summary, ' best apparell '; and omits " wl theyr... othe ". 6 Summary, " and the ". 1 Summary adds: " This procession was for the recoueryng of the french kyng to hys helth ". See also Wriothesley Chron.i. 32, a short account with date 12th Nov. Stow has only a bare note in the Summary for 1575, p. 436, & in the Annales. TWO LONDON CHRONICLES 13 to all paryshes in London to brynge in before hym ye names of all ye chantries wfc theyr paryshis, & who was ye gyvars of them. l Yc xxix. day of June, on sent Petar day, ye kynge made a justynge at Westmynstar ; & ther wer ordaynyd ij. lytars, made lyke ij. shipps, to right on ye watar, & ye one of them braste in ye mydes, & a sarvant2 of mstar. Knevytis in his harnys lepynge betwen bothe shypes was drownyd : & in ye othar shippe a gonne brast hir chambar & may my d ij. of ye marynars. 3 Sir Rauffe Warryn, mayre. The xij. day of Novembar sir Thomas Newman bare a fagot at Powles crosse, for yfc he song mas wlgood alle. The xiij. day of Novembar Mst. Packenton was slayne wl a gone in Chepe as he went to S. Thomas of Acres to here masse. 4 The xix.day of Novembar Myryll, a tylar, dwellynge in sent Pulkers 5 paryshe, bare a fagot at Poles crosse for heresye. The x. day of Decembar ye parson of Sansted bysyd Hoddon6bare a fagot at Poles crosse for heresye.7 The xxix. day of Marche, beynge maundy Thursdaye, wer xij. men of Lyncolne drawne from Newgate to Tyborne, & ther hangyd & qtiarteryd: v. wer prystis, & vij. wer laye men, one was doctor Make- ryll8, a whit canon, another was ye vycar of Lowthe9 in Lyncolnshire. 1 Summary, " who hadde the gyfte of the same ". Stow then adds nearly two pages from Hall's Chronicle. 2 Called ' one Gates gentleman ' in Annalcs, 965. 3 Summary then inserts an account of the insurrection in Yorkshire. 4 In the Summary Stow gives the account of Packenton's murder in his own words, adding " the murderer was never openly knowen ". In the Summary for 1575, p. 439, as in the Survey, i. 261, he says : "the murderer was neuer discouered, but by his owne confession made when he came to the gallowes at Banbury, to be hanged for fellony. " See Hall, Chronicle ; Holinshecl, iii. 883; and Gairdner, Lollardy and the Reformation, ii. 382. 5 St Sepulchre's. G Stanstead near Hoddesdon, Herts. 7 Summary omits the last two notes, but adds notices of the rising in Yorkshire, and other matters. 8 Matthew Makkarell, prior of Barlings, Lincolnshire. D.N.B. xxxv. 391. 9 Thomas Kendall. They were executed for their share in the Lincoln rebellion. See Letters and Papers, xii. I. 70, 734 (3), 760. 14 TWO LONDON CHRONICLES Ye xxviij. yere of his reygne, y6 xv. day of Maye, my lord Darcie & my lorde Hussaye wer had from y6 Towr of London vnto West- mystar, & thar condemnyd. l The xviij. day of Septembar was a grete fyar at sent Antholyns, & myche hurt done. * Richard Greshame, mayre, ye xxix. yere of ye kings reygne. 3 The xviij. day of Januarie a sal tar of London was set on ye pilorie in Chepe for pakynge & sellynge of rotton herrynge, & vsynge of fals waytes. The xxv. day of Januarie one stond on ye pelory in Chepe, & his eres cut of & nayllyd to ye pyllorye for raylynge on.ye kyngs councell. 4 The xviij. day of Februarie a sarvant of my lady Pargiters'5 was drawne, hangyd, & quarteryd for clypping of golde. The xxv. day of February sir Allyn, a pryst, & a gentyllman 6 were bothe drawne to Tyborne, & ther hangyd, & quarteryd for treson. The xxj. day of Marche Hary Harssam, customar of Plomouthe, 7 was drawne from Newgate to Tyborne, & ther hangyd, & quarteryd for treson : & one Thomas Ewell 8 lykewyse hangyd & quarteryd. 9 Ye xxvij. of May was ye fyar in Rode lane. Ye first day of Septembar y* hangman was hongyd at ye wrestlyng place. 10 Wylyam Ferman. n mayre, ye 30 yer of yeJcynges reygne. 12 Ye xvj. day of Novembar was ye blake fryars in London put downe, & I Summary adds a notice of their execution. 3 Summary omits, but adds notes on Cromwell's creation as K. G., and on the birth of Edward vi. 3 Summary inserts notices of the burial of Queen Jane, and of the Christmas court. 4 Summary omits. 5 Wife of Sir Thomas Pargitor, mayor, 1530-31. See Wriothesley. Ch ron. i. 73. 6 ' Sir John Allen... and an Irish Gentleman of the Garrets'. Annales, 069. 7 Thomas Harford of Plymouth. Letters and Papers, xiii. I. 580, with date 22nd March. So also Wriothesley, Chron., i. 77. 8 Wriothesley calls him Yewer; and Grey friars Chron. p. 201, Hever. 9 Summary adds a note on Friar Forest. 10 Summary gives these two notes at more length, and between them inserts a note of the treason of Edmond Conyngsbie. The year closes with notes on the removal of images, and suppression of abbeys from Hall. II Or Forman. 1J Summary inserts a long note on Nicholas Gibson's charities. TWO LONDON CHRONICLES 15 ye next day ye whiht fryers put downe. Ye neste day ye gray fryars, & ye monkes of yc Chartarhosse put downe. 1 The xxij. day of Novembar was Lambart * byrnt in Smythe fylde. The xxiiij. day of Novembar was iij. buchars, & a woman bare fagotts at Poles. The viij. day of Decembar a priste of sent Margaretis in Frydaye strete bare a fagot at Poles for heresye. 3 The xxij. day of Decem- bar a pryste, & a bryke layar called Harie Daunce, 4 & an organe makar bare fagotis at Poles crosse. ° The iij. day of Marche syr Nycholas Carrow, knyght & mastar of ye horsse, was hedyd at ye Towr hyll.6 The viij. clay of Maye was ye great mustar in London. 7 Yc viij. day of Julii ye vycar of Wandworthe, 8 his chapleyne, & his servante, & fryar Way re wer all four drawne frome ye Marshalcy vnto sent Thomas Wateryng, & ther hangyd & quarteryd for treson. 9 Ye xxxj. yere of ye kynge, Mastar Holyes, mayre. The x. clay of June ye lorde Cromewell was sent to ye Towre of London. This Cromwell his fathar was an Irysheman borne, & a smythe by his occtipacion, & aftar that he kepte a brewe howse at Wandworthe, & ther was this Cromwell borne, & at ye last comynge in favour wl ye kynge Henry ye eyght, he made hym knyght, & iorde privy scale, 1 Summary adds: ' and so al the other immediatly after. ' 2 Summary: 'John Nicholson otherwyse Lambert, a priest,' from Hall. Wrio- thesley Chron. i. 88 calls him William Nicholson. 3 Summary omits these two notes, but inserts one on the arrest of the Marquis of Exeter and Sir Henry Pole. 4 His real name was John Harridaunce: he used to preach in his garden at Whitechapel. See Gairdner, Lollardy and the Reformation, i. 208, Wriothesley, Chron. i. 82, 93, and Letters and Papers, xiv. ii. 42 (i, 2). 5 Summary inserts a note on the execution of John Johns and others for murder of Roger Cholmeley. 6 Summary is somewhat fuller, and then inserts notes on the promotion of Paulet & Russell, the fortification of havens, & attainders in Parliament. 7 Summary has a full notice similar to that in Survey, i. 103. 8 Griffith Clarke, Annales,<)j2. Wriothesley, Chron. i. 101 calls him 'chaplaine to the Marques of Exceter. ' 9 Summary adds notes on O'Neill's rebellion in Ireland, and the negotiation of Henry's marriage to Anne of Cleves. 16 TWO LONDON CHRONICLES & then vycegerent, & aftar lord chamberleyne, & then yearle of Essyxe, & thus he browght hym vp of noghte. The xxviij. day of Julii was the lord Cromewell, l & ye lorde Hongarforde behedyd at ye Towr hyll for treson. The iiij.day of August wer drawne from ye Towre to Tyborne vj. persons, & one led betwen ij. sargantis, & ther hangyd & quarteryd : one of them was ye prior of Dancastor, a monke of ye Chartarhouse of London, Gyles Herne a monke of Westmystar, one Fylpot, & one Carrow, & a fryar : all were put to death for treason.2 This yere ye dychys abowt London wer new cast. Syr Wylyam Roche, mayre, in ye 32 yere ye kyngs reygne. The xxxiij. yere of his reygne. Michaell Dormer, mayre, in ye 33 of Henrie ye viij. The xxxiiij. yere of ye kyngs reygne. John Cotes, mayre. The xxiij. day of Novembar wer ij. men hangyd in Holborne fylde for kyllynge a woman3. The xxxv. yere of his reygne. Sir Wyllyam Boyere, mayre, in ye 35 yere of Henrie ye viij. The xxxvj. yere of his reygne. Syr Wylyam Laxton, mayre, in ye 36 yere of Henrie ye viij. The xxij. of Aprill yc xxxvij. of his reygne. 1 The whole of this curious note is omitted in the Summary. Though clearly a contemporary story it is in point of fact inaccurate. Thomas Cromwell's father, Walter Cromwell or Smythe, was it is true a blacksmith and brewhouse keeper at Putney: but the family had been settled there since 1452, and came from Norwell in Nottinghamshire. See D.N.B. xiii. 192. The Summary has a long and independent account for this year, borrowing only the next paragraph from the Chronicle. 2 See Annalcs, 977; Laurence Cooke, prior of Doncaster, William Home, lay- brother of the Charterhouse, Giles Home, gentleman, Clement Philip, gentleman, Edward Bromholme, priest, Darby Gening and Robert Bird executed for deny- ing the king's supremacy. Wriothesley, Chron. i. 121 has 'Clement Philpott, ' and says Charles Carow, gentleman was ' hanged for robbing of my Ladie Carow '. 3 Summary omits. Wriothesley Chron. i. 137: ' In November were hanged on the backsyde of Lincolnes Inne two persons for murtheringe one Thomas Chesshers mayde in the same place '. TWO LONDON CHRONICLES 17 Sir Martin Bowes, may re, ye 37 of Henry ye 8. The xxij. of Aprill yc xxxviij. yere of his reygne. Henri Hubarthorn, may re, ye xxviij. of Novembar ! in ye 38 of Henrie 8. The first yere of ye kynge Edward ye vj. ye xxviij. of January. Sir John Gressham, mercar, inayre in ye 1. yere of Edward ye 6. The second yere of ye kynge ye xxviij. of Januarie. Mst. Hamcotis, 2 nshemongar, mayr, yc 2 yere of Ed. 6. The xx. day of Marche sir Thomas Seymar, knyght, lord admyrall, was behedyd at Towre hyll. This yere ye comons in all ye parties of England made sondry insurreccions & commocions about whitson- tyde, & so forthe vntyll September : amongs whome dyvers of comons of Cornwall & Devonshire 3 in sondry campes besegyd Excester, whiche manfully was defendyd4 by ye inhabytauntes & dyver gentylmen which were flecle into it. And agaynst thes rebells wrere sent ye lorcle Russell, lorde privy scale, who lay longe ther at Hontyngton, 5 vntyll ye lord Graye w* certayne strayngars horsmen in redd cottes came thether, & syr Wyllyam Herbart w* dyvers Welchemen, & at a towne callyd Byshopps Clyffte 6 they assaltyd one campe furnyshed w1 a greate number of ye'sayd rebelles & them vanquished. And ye othar Rebells lying before-Exceter,herynge of ye ovarthrow of theyr companyons at Bysshoppis Clyfte, beynge in f eare of y° kynges Army, fled frome ye sege beyonde Excester into Cornwall, 7 so that the lorcles aforesayd entred into Exceter w1 out any further treble, yet yey left not yc sayd rebells but chasd them into Cornewall, & take one Humfrey Arundell, one of ye capitaynes, 1 Sic. Perhaps an error for 28"' Sept.; Wriothesley (i. 175) says Hubberthorne was the first mayor chosen on that date. 2 Sir Henry Amcotes. 3 Summary inserts: " rose agaynst the nobles and gentelmen: and. " 4 Summary, ' whyche was valyauntly defended. ' Stow then continues more briefly in his own words. 5 Honiton. 6 Bishop Clist. 7 Another handwriting begins. 18 TWO LONDON CHRONICLES & one l Pomery, wl dyuerse other, & slewe very many : the contry was very sore wasted not only by reason of thar long lyenge ther in sondry campes, but also for that all the company of ye lordes ye strange had leave to spoyle. * Also durynge this seege ye comons of Oxfordshire, Northamp- tonshire, & Bedfordshire, w* dyvars of Somersettshire & others, arose in great numbers, & w* great angre towards sir John Wyllyams disparkyd his parke called Thame parke, & kyllyd all ye dere : from thens they went vnto Rycote, & ther dysparked ye parke called Rycote parke, & kyllyd all his dere, entered into ye place, & dranke theyr fyll of wyne, ale & bere, slew many shepe, & etc them, wl dyvers other myscheves : from thens they went vnto Woodstocke, & then herynge yfc my lorde Gray wl ye kyngs powre was comynge towards them, many of them forsoke theyr companye, & thos whiche remaynyd went vnto a towne callyd Chyppynge Norton, where they encampyd themselves, whithar my lorde Graye folowyd them, & ther ovarcame them, & toke one Thomas Bowldrey, who aftar was hangyd & quarteryd, & one Bowlar, whiche aftarwards had his pardon : those ij. were capitayns at the brakynge vp ye parks.3 And also duryng ye sege at Exetar y® comons of Norfolke & Suffolke arose in great nombar, & came vnto Norwytche, & nere there vnto in a wode callyd S. Nicholas wood they encampyd themselves, & aganst them was sent ye Erie of Essex, whyche was made markes Northampton, w* dyvers straungers & englyshe men, all horssemen, 4 whome these rebelles suffred to enter into Nor- wiche peceably ; but after yfc he had entered ye towne they neuer left of from molestynge & assaultynge ye towne, so yl in y6 con- clusion he was fayne to forsake yc towne & leave behynde many of his companye wl moch mony, stuff, horses, & other caryage : after yl those rebelles wl ther capyteyn, called Keet 5 ye tanner, 1 Blank in MS. He was Sir Thomas Pomeroy. 2 Stow resumes writing. 3 Stow makes no use of this. In future I shall note only his quotations. 4 The other hand resumes. 4 Robert Kett. TWO LONDON CHRONICLES 19 burned dyuerse houses w* in ye citie of Norwiche, & spoyled many honest marchauntes of ther goodes to ther ympoueryshinge. Also he tooke all ye gentilmen yi he myghte gett, & cheyned them together entreatynge them very cruelly : wherfore for ye appeas- inge of this vprore therle of Warwyke was sent thyther w1 ye kynges power, who did so handell the matter y1 aboute the begynnynge of September, l bartellmewtyd, he ouer came them, & toke ther capitayn, called Keet ye tanner, whome he sent to London to ye kynge, by whos commaundement ye same Keet was broughte throughe London ye last of September, & w* hym a brother of hys also, \vh. were both broughte vnto ye Tower. ffor ye wThich offence ye sayd Keet ye tanner was hanged vppon ye toppe of ye castell of Norwytche, and his brother also. 2 xxix° September, a° iij. Regis E. vjtl. Sir Rowland Hyll, mercer, mayour, ye 3 yere of Edward 6. This yere ye iiijth of October ye lord protector & ye erle of Warwyke fill at controversye aboute ye reasonynge of certeyn things, & so ye erle of Warwyke wfc other lordes of ye counsell assembled, & y* herynge the lord protector w* all spede departed from Hampton courte, & tooke ye kynge wrt hym to ye castell of Wyndsore vppon ye sixte day of October at . nyghte late, & gathered thyther moche people, & w4 hym went ye archbishope of Caunterberye, sir Thomas Patchett,3 & secretary Smythe : 4 wher- fore ye lordes cam together vpp to London, as the lord chaun- cellor, 5 ye lord Sfc John, lord grete master, w* dyuerse other of ye kynges counsayll, & satt at ye mercers hall in Chepesyde ye vijth daye of October : & ye viijth day of October ye said lord protector w* all hys complices was proclaymed a traytor in London for dyuerse causes then declared in ye proclamacion : & ye tenthe 1 On 26th August. 2 The copyist first wrote: ' but his brother had his pardon.' His brother William was hanged at Wymondham. Two other brothers were pardoned. 3 Probably Sir William Paget. 4 Sir Thomas Smith. 5 Richard, lord Rich. 20 TWO LONDON CHRONICLES daye ye lord protector was comytted to ward in ye castell of Wyndsor, & after y1 vppon Mondaye, beinge ye xiiijth of October, y* same lord protector was brought from Wyndsore vnto ye Tower throughe ye citye, & wl hym ye same tyme was broughte M. Stan- hope,1 grome of yc stole, & secretarye Smythe wfc other : & after y*, vppon Thursdaye, beinge saynte Lukes eve, viz. ye xvij. day of October, ye kynges Mtie Edward ye sixte, accompanyecl w* all ye nobilite came from Hampton corte vnto Suffolke place in Sothe- werke, wher he dyned, & after dyner rode throughe ye citie vnto Westmester in moste goodly order. Also be it remembred * y* vppon Sondaye, beynge ye xixth day of January, A° R. E. vj.u tertio, in ye evenynge after super betwene Newgate & Smythe tilde one called commonly captayn Gambold, 3 & an other captayne wl hym called 4 were both slayne by one called captayne Charles, 5 whoo of very malyce & dispyte slewe ye same Gambold, & for y6 same offence ye sayd captayne Charles had hys hand stryken off vpon ye carte whelle, wher in he w* iij. others 6 w1 hym were caryed from Newgate, & vpon ye waye before ye kynges hedd taverne 7 lost hys hand, & so were they all iiij. hanged in Smythfeld ye Frydaye, next folowynge, which wasye xxv.th 8 of Januarye. Also y6 xxvj.th day of January, a.° iij.° E. vj.u, foure westerne men, viz. one called Humfrey Arundell, a gentellman borne, one Berrys,9 1 Michael Stanhope. 2 Stow Summary, and Annales, 1017, describes this rather more fully. See also Wriothesley, Chron. ii. 31, 32. 3 ' Sir Peter Gambo, ' Stow and Wriothesley; ' Gambolde ' in Greyfriars Chron. 4 ' Filicirga ', Stow. 5 ' Charles Gauaro', Stow; Degavaro, Wriothesley. 6 Kynges head dore before Smithfield, where the Murther was committed. Summary. 7 Balthasar Gauaro, Nicholas Disalueton, and Francis Deualesco, Annales ; Michael Desaluaron, and Frauncis Desalvasto, Wriothesley. 8 So Summary; 24th, Annales, and Wriothesley. 9 Bery, Stow. TWO LONDON CHRONICLES 21 one Wynslowe, & one called Holmes l were drawn, hanged, & quartered at Tyborne from ye Tower of London for ye insurreccion made in ye west partes, as appeareth in ye yere before. Also ye vj.th of ffebruary, a.° R. E. vj.li, iiijto, the duke of Somerset, wh. as aforesayd beynge lord protector proclaymed traytor & com- mytted vnto ye Tower, was nowe delyuered out of ye Tower, & ye same nyghte supped w1 ye erle of Warwyke at ye shreff es called mr, Yorke. 2 Also vppon Mondaye,beinge ye tenth daye of ffebruary afforesayde, one Bell, a Suffolkeman was drawen from ye Tower vnto ye Tyburne, & ther hanged & quartred, which as they sayd was for a newe insurreccion, wh. he w* certayne other of his com- plyces moved in Suffolke & in Essexe. 2 Also vpon Mondaye, beinge ye last daye of Marche, a.° R. E. vj.11 iiijto, a generall peace was proclaymed throughe London betwene ye kynge our M., & ye ffrench kynge, & in y° same peace were included themperor & ye scotes :3 ye condicions of ye wh. peace as some sayd were thes y* followe. 4 Be it remembred yt ye xxvj.th of Aprill, anno R. «E. vj.11 quarto, ye towne of Bulloyne was yelden vp vnto yc french kynge, & hys capitaynes tooke ye possession, which was so greate comforte & joye to ye ffrench men, y1 as some sayd at ye entrye in to ye towne many of them kneled downe & kyssed y° stones of ye stretes. 5 Be it also remembred yi vppon ffryday, beynge yc seconde daye of Maye, one Joan of Kent, otherwyse called Joan Bocher, was borned in Smythnld for heresy, whose pryncrypall article was our saviour Chryst tooke nether flesh nor blood of yc vyrgyn Mary. 6 The xxix.of October a.° iiijto E. vj.u M. Andrew Jude, skynner, mayor, 1550, a.° 4. E. vj.u 1 Thomas Holmes, Stow. 2 Quoted with slight variation in Summary. 3 Summary. 4 Not given in MS., nor by Stow. 5 Summary. 6 Summary with some variations. 22 TWO LONDON CHRONICLES This yere vppon a Thursdaye, beynge ye xvijth of Decembar, yc Temes beneth ye brydge dyd ebbe & flow thre tymes w1 in ix. howres, & ye very same daye ye bishope of Winchester, who had lyen in ye Tower from ye mowow after saynt Peters daye a.° primo E. vj.li, was broughte vnto Lambethe before ye bishope of Caunter- bery & certeyne of ye kynges comyssyoners ther vnto appoynted, where were obiected vnto hym certeyne articles on ye kynges behalfe, & daye assigned vnto his answere, ! at wh. daye he exhibyted a matter Justificatory wl certayne Interrogatoryes, vppon ye wh. articles, mattier justifycatory, & interrogatoryes were very many nobell men & other witnesses examined, & dyuerse dayes ye sayd L. of Wynchester hadd accorclynge to ye order of ye lawe. A.° vto E. vj.u Also be it remembred yl vppon Satterdaye ye vj. off ffebruary ye same L. of Winchester was before ye sayde comyssyoners, & was deprived from his bisshoprik. Be it remembred yl vppon ffrydaye, beynge ye 13 of Marche, one Thomas Morysbye & his syster were both hanged in Smythfild for murderyng of a gentyllman dwellynge in ffeuersham, called Arden, who was murdred by his owne wyffe, & thother ij. aboue- named : for ye wh. murder as ye saynge was his wyffe was also barned at Canterbury aboute ye xiij.th daye of Marche, & twoo other also suffred at Feuersham ye same daye. * Be it also remembred yl this yere were clene put downe all ye alters wh. were left stondynge in London ; for in dyuerse places in England, & in sondry parishes of London ye had been pulled downe longe affore, excepte SL. Nicholas Willows, & tables of waynscott set in ye myddest of ye quere ; & in ye begynnynge of ye moneth of Aprill 3 ye yron gates of ye quere of Paules were mured vpp w* bryke bycause many people cam thyther clayly & worshipe ye sacrament. 1 Thus far in Summary. Gardiner was remitted from time to time till 14th Feb. 1551. 1 Summary gives this at more length from another source. 3 " Against Easter", Wriothesley, Chron. ii. 47. TWO LONDON CHRONICLES 23 Be it also remembred y* vppon ffryday, beynge ye xxiiij.th of Aprell, a dutcheman was burned in Smythfilld for heresy, whose detestabell heresy was of ye inequalitie betweene God ye father, & God ye sonne. 1 Be it also remembred y1 vppon ffryday, beinge ye viij. of Maye, a proclamacion was made in London yt,from & after ye last daye of August then next ensewynge, shyllynges of ye valewe of xij.d. shuld be currant but ix.d., & a grote for iij. pence. By reason of wh. proclaymacion ensewed great death 2 of all thynges ; for ye people, coueytinge to rayse ye losse of theyr money vppon soche kynd of wares or victuallesas they occupyed, dyd dayly inhaunse & encrease ye prises both of wares & victualles, most miserably oppressynge ye poore. 3 Nota. y1 vppon Mondaye, beynge ye xxvth. of Maye, betwene ye howres of xj. & one of ye clocke at none was an erthequake of halfe a quarter of an hower longe at Blechyngelye, at Godstone, at Croydon, at Albery, & dyuerse other places ther aboutes : ye cause therof is onely knowen vnto God, who be merciful vnto vs. 4 Also be it remembred yt vppon Thursdaye, beinge ye ixth. of July, ye forsayd proclamacion, wh. was appoynted to take effecte ye last day of August next comynge, by reason of ye insatyabell covetous of ye people oppressynge ye pore in ouerprysing, especially of vytayll & generally all other kyndes of warres, was shortened vnto this presente daye, & tooke effecte ymedyatly vppon ye publyshynge of ye same, wh. was doon betwene ix. & x. of ye clocke beforenone of ye same ix. daye, so yt ymedyatly a shyllynge went for ix.d. & a grote for iij.d., & no word spoken of ye small money as, pence & halfe grotes, by reason whereof ther was no small money to be gotten to geve ye poore people. 5 1 Summary ending: ' who helde the detestable opinion of the Arrians '. His name was George of Paris, Anuales, 1021. 2 Read ' dearth ' as in Summary. 3 Summary with slight variations. 4 Summary ending: ' places in Southery and Myddlesexe.' See Wriothesley, Chron. ii. 49. 6 Summary. 24 TWO LONDON CHRONICLES Be it also remembred yl vppon ffrydaye, ye xth. of July, ye swetinge sycknes was very vehemente in London. But specially Watlyngstret, so yl in ye same daye dyed many. l Bee it remembred yfc at St. Nicholas wyllows ye altars stood yet styll, as yt ye precher M. Home was very ernest agaynst them in ye afternoon y1 he made. Be it remembred yfc vpon a Monday, beinge ye xvijth. of August a°. R. E. vjtl Quinto, y6 proclaymacion cam forth for a shyllyng to be currant for vj.d., a grote for ij.d., a peny of ij.d. for a perry, a peny for a ob., & a ob. for a qr. * Be it remembred y1 vppon Sondaye ye xjth. of October yc lorde marques Dorset was created duke of Suffolke, ye lord erlle of War- wyke was created duke of Northumberland, & ye erle of Wyltesh. was created marques of Wynchester, & sir Willyam Harbert y6 master of ye horse was created erle of Penbroke, & dyuerse men made knyghtes.3 Be it further remembred y1 vppon ffrydaye ye 16 of October ye duke of Somerset was brought vnto ye Tower, & in ye next mor- nynge beynge Satterdaye ye duchesse his wyfe was broughte thyther also, & ther wente also w1 ye duke the lord Grey of Wylton, sir Raffe Vane, & sir Thomas Pallmer,4 & sondrye other men bothe of ye dukes seruauntes & of others. 29 Octobers 1551. M. Richard Dobbes, skynner, Mayor, yc 5 yere of Ed. 6. No111. 5 that vppon ffrydaye, beynge ye 30 of October, a newe proclamacion cum forth for sondrye newe peces of money both sylver & golde of dyuerse valewes, viz. souereignes of fyne gould at xxx. s., angelles of fyne golde at x., & dyuerse other peces of gold 1 Summary much longer. 1 Summary with some variation. 3 Summary. 4 Summary inserts: " Syr Mylles Petrydge, syr Michell Stonhope, syr Thomas Arundell. ' 5 sc. Notandum. TWO LONDON CHRONICLES 25 of lesser valewes, a pece of syluer v.s, & a pece ii., vj.d., ye sterlynge shillinge of xij.d. & sondry other small moneyes. ' Note also yt uppon ffrydaye, beynge ye vjth. daye of Nouember ye quene of scottes 2 rode throughe Chepesyde w* a greate companye of englishemen waytynge on her, after she had lyen iiij. dayes in ye byshope of London's palace besydes Ponies churche. Note further y* vppon Tewesdaye ye first of December ye duke of Somerset was areyned at Westmynster hall, & was then & ther acquyted of treason, but he was condempned of felonye by vertue of acte of parlyamente made agaynst conventicles & vnlawfull assemblies.3 Also vppon ye Monday e after, beynge yc vijth. daye of December was a general! muster of ye horsemen, wh. were in ye wages of yc nobles of this realme, & for ye wh. ye kynges majesty allowed yerely for each man xx.li., the wh. muster was made vppon ye brod cawsey ouer agaynste y'1 brode causaye ouer agaynst ye kinges place4 at saynte James : & as yl was reported ye nomber of y° horsemen was a thousande. Note y1 vppon ffrydaye, beynge yc xxijth. day of January, ye cluke of Somerset was broughte vnto yc skaffold vppon y° Tower hyll, & ther was beheaded. And vppon Satterdaye ye xxiijth. daye of Januarye y° parlyament began wh. y° lordes assembled. Also about this tyme y1' llud of ye ocean & flemyshe sea of ye Temes swelled so hyghe y1 yt dyde greate hurte vpon all ye cost of Flaunders, & ouerflowecl Lesynge 5 mershe besydes Wolwytche, & ye mershes beyond saynte Kateryns. Also aboute this tyme ther was found dead in ye mouth of ye H umber in ye north a greate whale of vij. or viij. cubites. 1 Summary. * Summary. ' The old Quene of Scottes. ' a Summary. 4 So in MS. Summary: ' made vpon the caussey ouer against the kynges palace.' 5 Lesnes. A somewhat different account in the Summary. 26 TWO LONDON CHRONICLES Note, y1 vppon Fryday, beinge ye xxvjth. of ffebruary, one sir Raffe a Vane, & on sir Myles Partryge were both hanged [at] ye Tower hyll vppon ye gallowes, & sir Mihell Stanhope & sir Thomas Arundell were beheaded vppon ye skaffold ther : all wh. foure were condempned by vertue of ye acte of vnlawfull assembles as acces- saryes to ye duke of Somerset.1 Note, yl vppon good Frydaye ye xvtb. of Aprell ye parlyament was cleane dyssolued & broken vpp, wherin were many goodly lawes & statutes ordeyned & stablyshed. * The third day of August in a towne called Myddelton Stony in Oxford, there was borne a double child, whiche was two children from ye brest vpwarde, in all partis perfyte wl one body, one navle, & one ishew where out passyd both ordure & water, havynge ij. legges growynge out of ye one syde of ye belye, & one ye other, one lege havynge ij. bones in one skyne, ix. toes, & ij soles of ye foote, callyd & christenyd by ye mydwyfe Johan Joane : thone always slepynge whiles ye othar was wakynge, in August anno 1552.3 Also in ye same monythe of August began to gooe forwarde y* great provysyon for ye poore, towards ye whiche every man was tributorie & gave a certayn wykelye, & also somewhat to begyne ye same on hande : ye first hotis which was begon was ye graye fryers in Newgate market, wh. wente forwarde wl all spede. 4 Mihelmas daye, 1552. George Barnes, habardashar, mayre, ye 6 yere of Ed. 6. Be yt remembryd yfc at this mychelmas ye lorde Wyllyam Havvarde was apoynted to be deputie of Calice, & ye lorde Willoghby was commaundyd home, & ye lorde Gray of Wylton was made leftenaunte of Gwynes. Vpon ye Sondaye, beynge ye xvj. daye of Julii, Nycholas Rydley, 1 Sum mary. "Scaffold, which fowre wer condemned as accessary in that whyche the Duke was condemned for." 1 Stow resumes copying. 3 In the Summary this monster is described somewhat differently; it lived eighteen days. 4 Summary. TWO LONDON CHRONICLES 27 byshope of London, made a sermon at Poules crosse, l & ther declared yi ye twoo systers, ye lady Mary, & ye lady Ellisabeth were both basse borne, & ther fore were not naturall chyldren vnto kynge Henry ye eyghte,but borne incest : by reason wherof ye lawes both of ye reallme & also ye ciuille lawe doth not allowe or permite any soche chyldren so borne : & for ye same shewed ye wordes of ye ciuile lawe. Neuerthelesse, thankes be to God, the Wednysday, beynge ye xix.th of Jully, at v. of ye clocke in ye afternone ye hole body of ye counsel, wh. were lefte behynd in ye Tower, assembled at Baynardes castell, & ther communed w1 ye erle of Penbroke, & ymedyatly came into Chepesyde w1 ye kynge of heraudes, wher they proclaymed ye vertuous lady Mary, doughter of quene Kateryn, quene of England, ffraunce &c.,2 in earth ye supreme heade : ye Joye wherof wonderfull, for some caste money abrod, & some made bonfyars thorowe ye whole cyte : ye prayses were geuen to God in ye churches w1 te deum & orgaynes, belles ryngynge & euery wher ye tables spredd in ye stretes, meate & drynke plentye, wyne geuen ffrely of many men, and a greate peale of ordynaunce was shete of at ye Tower. After thes thinges thus done, euen ye sellfe.same xix.th daye of July at ix. of ye clocke in ye nyghte, ye erle of Arundell w1 ye lord Patchet rode to ye quenes grace to fframyngham,3 & as ye was sayd caryed wt them ye greate sealle of England, & then also ye counsell sent letters vnto ye duke of Northumberland \vt his adherentes to retyre, & proclayme ye queue in his campe : ye wh. thynge done he returned homeward, & at Cambrydge was taken & commytted to warde. Ye 21 of July, beynge ffrydaye, ye byshope of London, who before prechyd so abhomynabillye, ye xvj.th of July, rode erly ye same 21 day in ye morninge towardes her grace, to submyte hym vnto her gracious mercy. 1 The other hand resumes. 2 Stow in the Summary quotes thus far from ' assembled', but ends: ' and Irelande, defendour of the faythe etc'. In the Annales, 1033, he substitutes an account closely resembling that in Wriothesley, Chron. ii. 88. Wriothesley says that the style of the proclamation could not be heard for the cheering. 3 Framlingham. 28 TWO LONDON CHRONICLES And vpon Thursdaye, beinge ye 21 of Julii, y6 duke of Northum- berland havynge receyved ye sayd proclamation from ye lordes, he returned ye same nyghte to Cambridge, & ther proclamed her grace quene of England ; & ye same nyghte after he was layed in his bede ye garde came & seased vppon his weapons & his body & tooke hym in charge : & ye next day ye lord erle of H untyngton, ye lorde Graye, & dyuers other, & ye capeteyne of ye gar[de] -1 also were arested by ye quenes commaundement. And vppon Sonday, beinge ye 22 daye of Julye, as it was sayd, dyuerse of ye lordes of ye counsell here rode towardes her grace.1 Vppon Tewesdaye, beinge ye xxvth. day of July in yc feast of sainte James thapostell, aboute iiij. of ye clocke at afternone thes persons followynge were broughte as prysoners into ye Tower of London, yi is to saye ye duke of Northumberland, ye erle of Warwyke his sonne, sir Ambrose Dudleye his sonne, & Harry Dudley his sonne, therle of H untyngton, & ye lorde Hastinges his sonne, one ] Sandes 2 a prest of Cambrydge, who had preched in Cambrydge in all condycions & rather worse than yc bishope of London, Sir John Gaates capteyne of ye garde, & Harry Gaates his brother, Sir Androwe Dudley, & sir Thomas Pallmer. And ye morrow after, beynge Wednysdaye yc 26 of July,3 ther were broughte into yc Towre the prisoners folowynge, The lord marques Northeampton, The byshope of London, Rydleye, sir Richard Corbyt knyt of Suffolke, & a serchar of Gravesende called Harmonde. Thes came in at Allgate. And ye same nyght ye two cheff Judgys of England, ye lord Mountagwe, cheff judge of ye comon place, & syr Rogar Cholmley, cheffe justice of yc kyngs benche were bothe comytted to ye Towre. And neverthelesse they were sone delyveryd, beyng fynyd at serten somes of money. Vpon Fryday ye xxviij. day of Julii the duke of Suff., Mster. Cheeke, whiche was ye kynges schole-mastar, wl divers othar, were commytted to ye Tower. 1 MS., ' game. ' * Dr Edwin Sandys, the Vice-Chancellor of Cambridge. The MS. is damaged. 3 Stow resumes copying. TWO LONDON CHRONICLES 29 Vpon Thursday, beynge ye thyrd of August, ye quenes grace, ladie Marie, came aboute vij. of yc cloke at nyght vnto ye Towre of London, & vpon her awayted a great nomber of soldyours, some in blewe, some in white & grene, & some in Redde cottes, & a ix. C. shott of ordynaunce was shott of ye Towre. And at hyr entrynge into hir great chambar ye bishope of Wyn- chester, doctour Gardenar, ye duke of Northeffolke, & ye douches of Somersett, & myster Courtneye, sonn to ye marquess of Exceter, had theyr pardon grauntycl vnto them by hyr graces owne mouthe. Vppon Sattarday, beynge yc v. of August, ye byshope of London, doctour Bonar, wrho hadd lyen in ye Marchallse aboute v. yeres, was delyverycl & set at lybertie. And doctour Tunstall, byshope of Duresme, was also clelyveryd out of ye Towre. Vppon Twesdaye, ye viij. of August, ye corps of kynge Edward ye vj. was buryed in ye churche of sent Petar at Westmyster. And yc nyght before ther wras placebo & dyrige sayd in latyn before ye quene wfc yn ye Towre : & this present Twesdaye ther was a messe of requyem songe in latin before ye quene by ye byshope of Wyn- chestar \vl in ye Towre. On Twesdaye beynge ye xxij. daye of Auguste, The Duke of Northumberland, sir John Gaates, & buskynned Palmer were all thre behedyd vppon ye skaffolde at ye Towr hyll. The xxvij. of August, beynge Sondaye, ye bakesyde of ye highe altar of Powles churche beynge made up w1 brike some what above an altar but not clearly fynyshed, ther was hyghe masse songe in lattyn wfc bothe mattyns & evensonge lykewyse in lattyn. And dyvers churches in London had ye lyke servyce. Vppon Satterday, beynge ye laste daye of September, yc quenes highnes rode through ye citie in moaste goodly manere. The pageauntes in all places accustomyd beynge moste gorgyously trymmyd : amongest all ye thre pagauntes made by ye straungers wer ye myghtyest, wher of thone made by ye Gennayes1 at Fan- churche, the othar at Grasechurche made by ye Stilliardes, & ye 1 Genoese. 30 TWO LONDON CHRONICLES third in ye myddes of Gracious streate made by ye Florentynes were all made w* gattes to passe throwghe, & y6 buyldynges wer very highe statlye. And so hir grace passyd forthe vnto Westmyster, & as she passyd by Pawles a certayne duche man stode vpon ye wetharcoke w1 a flagge in his hande, & ondar hym vpon y6 crosse a skaffolde w1 flaggs, & ondar y1 vpon ye ball an othar skaifolde w* flaggs & streamers. ! Vpon Sonday, beynge ye fyrste day of October, ye quenes grace was crownyd at Westmystar, & before here went all ye byshoppes wl myters & croysers, & ye clerks syngynge yc servyce all in lattyru Vpon Thursdaye, beynge ye v. day of October, yc barge of Gravesend by greate mysfortune of a catche comynge vpon hir was ovarthrowne and aboute fortye persons drownyd1 : our lord be merciful to them. On Monday, beynge ye xxiij., on wednysday ye xxv., & Fryday, beynge ye xxvij. day of October, were certayne dysputacions in y* longe 3 chapell at ye northe doore of Paules concernynge y6 transub- stanciacion, but no thyng throughely determynyd.4 Thomas Whit, marchaunt tayloure, mayie, ye xxviij. of Octobar, 1553. Vpon Fryday ye iij. day of Novembar, 1553, y6 aforesaid douche- man, who stode vpon y6 wethercoke at y6 queens rydynge thrughe London, dyd set up y6 wetharcoke of Poules agayne vpon ye crosse, whiche he had causyd to be amendyd wl a brode rownde vane set vpon ye tayle to thend y1 she myght turne w* every wynde, & even y6 same day he stroke downe both ye skafoldes, whiche he before had made agaynst y6 queens comynge. Vpon Wednysday ye viij. of Novembar an obyt was kept in Poules 1 Stow uses this paragraph, but omits ' amongest ' to ' statlye, ' and varies the last clause. In the Annales he follows The Chronicle of Queen Jane and Queen Mary, pp. 27-30. 2 Summary but ending : " and xiiii. persones drowned, and xvj. saued by swymmyng. " 1 So Stow. The MS. has ' londe. ' 4 Summary. TWO LONDON CHRONICLES 31 for doctour Dolman, & vpon Thursday ye ix. of Novembar ye byshope of London songe ye masse hymselfe. Vpon Monday, beynge ye xiij. day of Novembar, The archeby- shope of Cantourbery, the lord Robert Dudleye, the lord Guylforde Dudley, husbond of yc lady Jane pretendyd quene, the lord Henrie Dudley, youngest sone of ye sayd thre Dudleyes, and ye sayd lady Jane ye pretendyd queene, were all v. arreygnyd at ye Guylde hawll vpon highe treason, & so cast & adiudgyd to be drawne, hangyd, & quarteryd. Vpon Satterday, beynge ye xxv. of Novembar, & y° yere of our lord 1553, Anno I. Regyne Marie, at vj. of ye cloke at night S. Katheryns lyghts were cryed aboute ye battylments of Paules steple, whiche had not ben many yeres before. l Vpon Tewesdaye or Wednysdaye ye v. of Decembar, ye parlya- ment was dissolvyd, wherein was repeallyd ix. servall. actes, viz. for mariage of priestes, ye legitimacion of prestis children, ye recey- vynge of ye sacrament in bothe kyndes, ye makynge of deacons & pristes, the vniformytie of devyne prayer, the pluckynge downe of altars, Roods, & Images, the observacion of holydayes & fastynge dayes, w1 ij. othar actes. Vpon ye 14 day of Januarye, 1553, ye lord chauncelour w* othar of ye counsell declaryd openly vnto ye queens Maiestie howse- holde yi ther was a mariage concludyd betwene hir grace & ye kynge of Spayne,2 whiche was ye fyrst tyme it was certaynly knowne abrode. Aboute ye xxv. day of Januarie, Anno 1553, anno prime Regine Made, began ye comocion in Kent, ye cheffe captayns wherof was sir Thomas Wyat & one syr Henrie Illisleye 3 : but it was sayd y* lorde Cobhain had taken parte w* yc queene : the cause of theyr 1 Summary in Stovv's own words. 2 Summary reading: ' xx. day of January. ' The emperor's ambassadors had public audience of the queen on 14th January, & the queen's decision was com- municated to the lord mayor next day. In the Annales this is given correctly from The Chronicle of Queen Jane and Queen Mary pp. 34, 35. 3 Isley, Stow. 32 TWO LONDON CHRONICLES comocion (as ye brute went) was because they woulde not be subiecte to ye kynge of Spayne : for thappesynge where of ther was a great nombar of men made out of ye citie of London, & all ye companyes chargyd ther w1. And vppon Candelmas day, beynge Frydaye & ye ij. day of Februarie, all ye aldarmen of London & ye inhabytauntes of every warde were ye whole day in harnes for feare of ye aforesayde Rebells, who as it was sayd approchid : & my lord mayre was at Leclyn hall wl a great nomber of men in harnesse, whiche were apoyntyd forthe by ye companyes of ye citie, double so many as before, for wher ye marchaunt taylours at ye fyrst tyme armed xxx. at this tyme they armyd Ix. &c. Vppon Satterday, beynge ye iij. day of February, y6 morow after Candelmas day, s. Thomas Wyatt, who had lyen at Grenewitche by ye space of ij. nyghts & a daye, cam sodeynly aboute one of ye cloke at aftar none into Sothewarke wl his band of men, whose sodayne comynge drave ye citizens into great feare so that they were fayne to close vp y6 gatte on ye brydge, & cutt downe yc draw brydge & let it fawll in to y6 watar, & all men ran to harneys for ye deffence of y(> citie. How be it sir Thomas Wyatt made to ! proffer of entrie, but went streyght wayes to worke & his men w1 hym & trenchid Sothewarke at every end, and plantyd his ordenaunce for his deffence. The citizens in ye meane season preparynge great watche & warde. And thus lay syr Thomas Wyat from ye Satourday at noone vntyll shrove Tewesday in yc mornynge next folowynge. The queens maiestie durynge this tyme preparyd greate power to goo agaynst hyme. The atoresayd shrovetewesday, beynge ye vj. day of Februarie, early in ye mornynge ye sayd syr Thomas Wyate removyd all his people & theyr ordynaunce all save one pece, & went vnto Kyngston, & ther beyng sumwhat resysted at y* last he by entreatie passyd y° brydge, whiche brydge was by hyme & his foarcyd & made, for y° brydge yl before was ther was cutt downe or he cam : & then he marchyd to London wardes a bowght xij. of 1 So MS.; read 'no'. TWO LONDON CHRONICLES 33 ye cloke at nyght. Vpon ye morow, beynge ashwednysdaye, aboute thre of ye cloke in ye mornynge a greate outcrye was made thrughe London y1 every man shuld put on his harnysse, & as sone as it was day lyght ye wardars, whiche were apoyntyd to have wardyd at ye bridge, wrere for ye moast parte all sent to Ludgate & othar placis. The queenes armye in ye meane season encampyd them selves in ye fylde before ye place callyd saynt James beyonde West- myster, whithar it was sayd ye rebells purposyd to come : and aboute two of ye cloke they came : the queens ordynaunce was schott of, & ye horsemen marchyd fortheward, & set vpon them : & sir Thomas Wyate perseyvynge his dystruction at hand devysyd wl hym selffe this pollicie : he w1 a certayne nombar slyppyd bye, & havynge theyr swerds drawne cam in at ye Temple barre cryenge, God save queue Marie : ye people, knowynge hym not to be Wyatt, sufferyd hym \\rt his companye to entre, thynkynge them to have bene some of theyr frynds : & ymediatly pursuite was made aftar hym by ye quenes armye, and in Fletstrete he was taken & dyvers othar wl hym, as two of ye Knayvatis, l & two of ye Cobhams, Captayne Brett, 2 \vhiche went away wt ye Londoners at Rochestar. Thar was slayne aboute ye numbar of an hondred 3 of ye Rebells. And then ye quene of hir clemencie & pitie grauntyd pardon to all ye rest of theyr lyves : and aftar a day or two syr Henry Isley w1 dyvers othar were brought vnto ye Towre. Vpon Monday, beynge ye xij. day of Februarie, ye lorde Gylforde Dudley, forthe sonne to ye duke of Northumbarland, hosband to ye lady jane, pretendyd quene, was behedyd at ye Towre hyll : and ye sayd day lady Jane, ye pretendyd queene, was behedyd ye same day wl in ye Towre. Abought two days afore ye duke of Suffolke wl one of his brythern, whiche before fledd to Lester, ther to rays 1 Knyvet or Knevet. The Chronicle of Queen Jane and Queen Maty p. 50 men- tions William Knevet and Thomas Cobham as taken prisoners here; other prisoners were Thomas Knevet, Anthony Knevet, George Cobham and Sir Wil- liam Cobham. 2 Alexander Brett; see Chron. Q. Jane, pp. 38, 51. 3 ' hondred ' was afterwards struck out, and ' xx ' written above. 34 TWO LONDON CHRONICLES y6 people ther to ayd syr Thomas Wyat, was brought in to ye Towre of London. Vpon ye sayd Monday, beynge y6 xij. of Februarie, l ye lord Courtney, therle of Devonshire, who was delyveryd out of y* Towre at ye queens entrynge, as is afore sayde,was nowe agayne comytted vnto ye Towre. The same Monday ther were gallowes to ye nomber of xviij. payre sett vp in dyvers placis of London : as two in Chepesyde, wherof one was beyond ye cross towarde Poules, & thothar almoast at y* great conduyte : at dyuers of y6 gates othar. Vpon Wednysday folowynge, beynge ye xiiij. day of Februarie, ther were vj. persons hangyd in Chepe syde vpon y6 two payr of galowes. And vpon thothar gallowes in othar placis of y6 citie to ye nombar of fifftye * persons, whiche wer of ye Londoners yl were set out by ye citie and rane away from y6 duke of Northfolke vnto Wyatt, & wer taken in y° fylde vpon ashewednesday. Also y° Sonday before,3 Captayn Bret w1 xxv. more wer layd in a cart in Sothewarke by ser Robert Sothewell,shrive of Kent,ye whiche wer asygnyd to be executyd in dyver placis in Kent, but many of them were aftarward pardonyd. Vpon Thursday, beynge ye xxj.4 day of Februarie, y* remayriante of y* sayde rebells, whiche hadd bene emprisonyd, some in New- gate, some in the Countars, some in Sothewarke, & some in seynt Petars chirche at Westmystar in dyvers chapells ther, whiche wer to y° nomber of xij. score persons or more, were brought to y* <;rosse in Chepe, where y* quenes mercifull pardon was declaryd vnto them to theyr great comfortes.5 1 So also Chron. Queen Jane and Queen Mary, p. 59 and Stow, Annales 1052. But Stow. Summary, and Wriothesley, Chron. ii. 113 have 15th March. * Machyn, Diary, p. 55 gives 46. Grafton (ii. 543) says 50. Other chronicles smaller numbers. 3 Machyn and Wriothesley (ii. 112) give iti* February, which was the Sunday After. 4 Should be ' xxij. ' •* Summary somewhat differently, with date 23rd February. TWO LONDON CHRONICLES 35 And vpon Fryday, beynge ye xxij. 1 of Februarie, the duke of Suffolke was beheaded at ye Towre hyll. Vpon Thursday, beynge ye viij. day of Marche, tharchbisshope of Cantorbery, ye byshope of London, Nycholas Rydleye, & fathar Latymer were brought out of ye Towre, & sent vnto Oxforde, ther to remayne vntyll ye queens corny ng thethar at ye parlyament, beynge appoyntyd to begyn vpon ye Monday aftar lowe Sonday, ye iij.2 day of Aprill; & ye tearme also was apoynted to be kepte at Oxford lykewysse. Vpon Saterday, beynge ye xvij. 3 of Marche, ye lady Elisabeth, doughter of quene Anne Bulleyne, was comyttyd vnto ye Towre. Wheras ye parlyament & tearme were bothe appoyntyd to have bene kepte at Oxenforde, it was now reiourriyd vnto London by proclaymacion, and began at Westmystar ye second day of Apryll, beynge Monday. Vpon Wednysday, beynge ye xj. of Aprill, sir Thomas Wyat, capitayne & ryngledar of ye sayd Rebells, was behedyd at ye Towr hyll. Vpon y° xxvij. clay of Apryll one Nicholas Thokmorton, 4 a gen- lylman, was arraygnyd at ye Gyldhall as accessary e vnto Wyats conspiracie, & vpon his quest were chosen dyvers sytysyns, one was Whetstone, 5 haberdashar, Emanuell Lucas, 6 marchant taylor, Watur Yonge, Mst. Baskerfylde, Symon Lowe, Wyliam Bankes, Mstar. Poyntar, Mst. Martyn, and fowr othars, whiche dyd acquyt hym, and shortly aftar sent for before ye connsell, & ij. of them sent to ye Towre, ye rest were sent to ye Flete. Vpon Fryday, beynge ye xviij.day of May, one Wylyam Thomas, a gentylman who had bene clarke of ye counsell, who had bene w1 Wyat, and allso detarmynyd to have slayne ye quene wt a dagar, 1 Should be ' xxiij. ' 2 Should be ' ij. ' 3 Other authorities give Palm Sunday, i8th March. 4 Throckmorton. He was arraigned on 17"' April, and acquitted on the 25th. 5 See Holinshed iv. 31, 64,74 for the jurors, and 3 1-54 for the record of the trial. •6 Lucare, Wriothesley. 36 TWO LONDON CHRONICLES was drawne from ye Towre of London to Tyborne, & ther hangyd & quarteryd. Vpon Satarday, beynge ye xix. day of May, ye lady Elizabeth was brought out of y6 Towr, & so convayed by watar vnto Rychemonde, & from thence y6 next day she went to Wyndsore, & so by my lord Wyllyams to Rycote in Oxenf ordeshire, & from thens to Wodstoke, where as it was sayd she shuld remayne.1 The fyrste 8 day of June y6 gallowsys in London were commandyd to be takyn downe, whiche thynge was done accordyngly. And aboute ye sayd fyrst 8 day of June ther was grauntyd by acte of comon counsell a fyvtyne & a halfe to be levyed of ye citezens for ye gyldynge of ye crosse in Chepe, & for makynge of pagauntes agaynst ye comynge of ye prynce of Spayne; & ther vpon skaffolds were made aboute ye crosse, & werkemen set a werke for makynge of ye pagauntis. Vpon Sonday, beynge y6 xv. day of Jully, 1554, & anno Regine Marie secondo, a yonge wenche4 of ye age of xvj. or xvij. yeres dyd open penaunce at Poules crosse, standynge vpon a skaffolde all y6 sermon tyme, & confessyd hir falte openly: that she beynge intysed by lewde counsell had 5 counterf etyd certayne speaches in an house in Aldarsgate strete, about ye whiche matar ye people were wondar- fully molestyd, some saynge y1 it was a sprite that spake in a wall, some one thynge, some an othar : on this manor she vsed hir selff e, she lay in hir bed, & whistelyd in a strange whystell made for y* nones, then was ther (as she confessyd) vj. falce knaves, 6 whos names she ther declaryd, conf ederyd w* hir, whiche toke vpon them 1 Summary. 2 Summary, ' fowerth'. Machyn, Diary p. 65. 4th June. 3 Machyn says 4th June. « Summary, 'Elizabeth a yonge wenche.' Wriothesley, ii. 117, calls her Elizabeth Crofte. * Summary, ' had vpon the xiiij. day of Marche last passed. Wriothesley ' in Apryll. ' e Summary, ' iiij. or vj. companions. ' Wriothesley and Machyn name one as John Drake, a servant of Anthony Nevill or Anthony Knevett. TWO LONDON CHRONICLES 37 to entarprite what ye spryt spake, expressynge certayn sedycius l words agaynst ye queens hyghnes. Vpon Satarday, beyng ye xxj. of Julii, ther was great Joye & tryoumpth made in London w1 bonffyars & ryngynge for ye salffe landynge of ye prynce of Spayne, who came on land vpon Thursday at nyghte, ye xix. of Julii. Vpon Wedenseday, beynge saynt James day ye xxv. day of Julii ^ at Wynchestar ye prynce of Spayne was maried vnto ye queens maiestie. Vpon Sonday, beynge ye xxix. day of Julii, one doctour Harpefeld1 preachyd at Powles crosse, and after he had made his proposy- cion he exortyd all men to become newe men bothe in mynd & doyng, for so myche (saycl he) as I have newe thyngs to declare vnto you and therfore ye must become newe, for accordynge to Christis saynge no man puttythe newe wyne into olde vessyles etc. ; and thervpon he declaryd vnto ye people ye style in maner folowynge : fyrst I command vnto 3 Philipp and Marye by ye grace of God kynge & quene of England, Faunce, Napyles, Jerusalem and Irlande, defender of ye faythe, prynces of Hyspayne & Cicile, archedukes of Austrie, dukes of Mylayne, Burgoyne, & Brabant, countes of Ausborow, 4 Flaunders & Tiroll: & then procedyd forthe w* his prayer. 5 Vpon Lamas day, beynge ye fyrst of August, ye proclamacion was made consernynge ye sayd style in ye forenone, and at aftar none ye same stylle pryntyd bothe in Englisshe & in lattyn, was set up in dyvers placis of the citie. And vpon Satterdaye, beynge ye xviij. day of August, 6 ye kynge Summary, ' sedicious and opprobrious. ' Nicolas Harpsfield. The edge of the leaf is worn. sc. Habsburg. Compare Machyn, pp. 66-7. So Stow in the Summary, but in the Annales he gives 12th August. Wriothesley (ii. 122) has i8th August, and so also Chron. Queen Mary, p. 78. Stow makes only slight use of the account above. 38 TWO LONDON CHRONICLES & ye quene bothe togethar wl ij. swerdes borne before them passed ovar London brydge from Suffolke place in Sothewarke, wher they had lyene yc nyght before, and so rode bothe togethar thrughe y6 citie. And at Gracious strete ye house of ye Stylyard at theyr cost made a sumptious & a large pagaunte fovvr square w1 stones of dyvars sortis. And at ye Stokes l was a great pagaunte made at ye cities cost declarynge ye nobylytie of iiij. Philyppes, 2 whiche have excellyd in vertue,& praysynge ye kynge for ye fyfthe. At Iremon- gare lane 3 ende was an othar greate pageante of Orpheus syttynge on ye toppe, playenge on a harpe, and lytyll boyes dressyd lyke wylde beastis dawnsynge aboutes ye mownt wheron he satt. The crosse beynge newly gyldyde shone very fayre. At ye lytyll conduite was ye whole genelogie of ye quenes maiestie & ye kyngs, brought from Edward ye thyrde, fathar to John of Gaunte : and at ye weste ende of Poules ye kynge & ye quene bothe alyghtyd and entryd into ye churche, & so into ye qwyre, wher they entryd into ij. traversys made for them. And afftar rode forthe. And round abowte y6 conduyte in Fletestrete was a large & a fayre greate pageaunte wl turretts & dyvers other thyngs, And at ye gatte at Temple barr was a longe declaracion of ye prayse of y6 kynge, wl a bryffe rehearsall of all ye sayd pagauntis. Not.,4 yl from ye 10 day of Octobar vntyll ye xvj. day a greate preparacion was made in Smythefylde for ye spanyards to bayte y6 bull aftar ye maner of Spayne, called Juga de Tauro, vpon sainte Lukes day, & a great frame for an house newe sett vp ther ; and vpon ye even of saynt Luke, beynge ye xvij. day of Octobar, it was knowen yl y* same pastyme shulde be put of, so yl all ye preparacion for this tyme was voyde. Vpon sent Lukes day, beyng Thursday ye xviij. day of October, 1 Stock Market. 2 Chron. Queen Mary, p. 80, gives them as: ' Phillipus rex Macedoniae, Phillipus bonus, Phillipus imperator, and Phillipus audax.' 3 Ironmongers Lane. 4 sc. Notandum. TWO LONDON CHRONICLES 39 ye kynges maiestie come to Pawles, and herde masse, ye whiche was songe wl his awne chapell. The xxix. of Octobar, 1554, & in ye first & second yeres &c. John Lyon, grocar, mayre. 1 Not., that aboute ij. or thre days past those viij. citesins, Wherstorie, Emanuell Lucas, Walter Younge, Baskevyle, Wyllyam Bankes, Marten, Kyghlehe, & Calthrope, were broughte out of ye Flete before ye counsell in ye Starre chamber, wher as yt was sayd ye lordes, consyclclerynge the obstaclenes, detyrmyned yt ye sayd [Wherstone] * because he was forman should paye for his fyne a thousande markes, & euery of ye other syxe hondreth poundes apece : but yet was not thes fynes ymedyatly sett vppon ther heades, but they were all viij. .remytted to ye Flette : & as for yeothar fowre, N. Poynter, who neuer came in by reason y* he was syke when thother was apprehended, Symon Lowe, merchuaunte tayllor, who had bene delyuered shortly after he was committed, one [ ] Oates, who lately vpon submyssyon was lett out, & one other, who [s] name I knowe not, were not appoynted to paye any fyne. And vppon Satterdaye, beinge ye x.th of Tvlouember, 1554, ye shrefe of London enteryd into ye houses of y* said viij. 3 men, & seased vppon all ye goodes in them for ye levyinge of a fyne of a thousand markes apece, sett vppon ther heades in thexcheqwyre, & processe directed vnto ye shreffes of London for ye levyinge of ye same. Also vppon Mondaye, beinge ye 12 day of Nouember, cardynall Poole came vnto Lambeth by water & ther dyned. 4 Vpon Sonday, beinge ye xxv. day of November, the spanyards made a pasty me before ye cowrte gate at Westmystar, callid Juga de Cane ; for ye preparacyon wherof ther was a wall, & posts pallyd 1 The other hand resumes. 2 Omitted in MS. at foot of f. 19'°. 3 The MS. has ' xiij '. 4 Stow resumes copying. *J -3 40 TWO LONDON CHRONICLES dyd enclose y6 tourneyinge place ther, & y6 way also was all pullyd vp before y6 place. l Aboute iij. dayes past y* viij. quest men, whose housys were seasyd by y6 shreves, (as is afore sayd) were asygned to pay y6 thyrd parte of a M. markes, & so had ther houssys delyveryd agayn into thandis of theyr wyves, all whiche thyngs was done (as it was sayd) by y6 kynges meanes & procurement : but yet were not they delyveryd ont of pryson. Vpon Sonday, beynge yc second day of Desembar, 1554, and in y® fyrste & second yeres of ye reygnes of our soverayne lorde & ladye Philipp & Marie, The lorde Chauncelour 2 made a sermon at Paules crosse, at the whiche sermon ye kynge & y6 cardenall were present, stondynge above ovar the lorde mayres hedd : & in y* same sermon my lorde Chauncelor declaryd y1 we had bene long in ignoraunce of derknesse, wherfore accordynge to ye wordes of saynt Paule in ye epystyll redd in y6 chyrche y* sayd Sunday 3 he exhorted all men wfc abiiciamm opera tcnebrarum* & there vpon shewyd y1 we must nedes have ye pope to be our supreme heade, and y1 ye lorde cardynall Poole was come from hym wl his blessynge vnto vs, who dyd persecute hym w1 all maladyccion, and therin (sayd he) owr moaste holy fathar dothe fullfyll ye saynge of Christ, whiche is benedicite maledicentibus vobis, 5 wyllynge y6 people to put all vayne fantasyes & ymaginacions ont of theyr heades of any dyscorde to ensewe : for (quod he) a domino factum est istud, 6 and therfore shall ther be gloria in excelsis deo et in terra pax homynybus, 1 and for because hec est dies quam fecit dominus, exultemus et Ictemus in ea,* See Machyn p. 76. ' The kynges rydyng at Jube de Cane. ' i.e. Gardiner. The first Sunday in Advent: Romans, xiii. 8-14. Wriothesley (ii. 124) gives the text, ' Fratres, scientes quia hora est jam nos de somno surgere ' from verse n. Romans, xiii. 12. Matthew, v. 44. 6 Matthew, xxi, 42. 7 Luke, ii. 14. 8 Psalm, cxviii. 24. TWO LONDON CHRONICLES 41 receyvynge this his holynes benediccionem in one vnytie, l and confes- syng our faultes be glad and joyfull to receyve remyssyon. In dede (quod he) this reverend father my lorde cardynall is come to rayse and awake vs all, wher in I exclude not my selffe, for I confesse I have fallyn and am therfore sory w* them that be sorye,but as for ye kynge & ye quene they stode stedfastly allways & nede not to be raysyd, but he is come to rayse and awake ye holl body of ye realme. And then comynge to his prayers he prayed for ye spiritualtye, ye temporality e, & ye sowles departyd, prayenge for ye pope as ye supreme heade. Aftar this ye belles in Paules began to rynge, & in othar churchis, whiche made souche noyse that I coulde not vndars- tond iij. wordes togethar, & by reason therof & allso yi ye day was furre spent (for it was past one of ye clocke) he made a shorte ende. Vpon Tewesday, ye .11 of Decembar, 1554, Mst. Whetstone, Mst. Yonge, Mst.Bankes, Mst.Baskervyld, and Mst. Martyn were deliveryd ont of ye prison of ye. Flete by vertewe of ye quenes leter; & thothar thre, Emanuell Lucas, Kyghtley, & Caltrop, were lefte styll behynd in pryson, bycaus they had not payde there parte of yefyne accordynge as thothar fyve had done. The parlyament endyd aboute ye xxij.2 day of Januarie. Vpon Fryday, beynge yc xxv. day of Januarie, generall procession 3 was through Chepesyde downe ye one and vp thothar, ye byshope of London, w* many othar bysshopes, beynge mytryd, & ye byshope of London goynge vndar a canapie : and at nyght by ye comaunde- ment of ye lord mayre & y° aldarmen bonefyars were made thrwghe out ye hole citie wt bells ryngynge solomly ; all whiche thyngs wer done for Joye of ye restorynge of ye trewe & catholyke relygyon, and for yf abolysshment of schismes and heresyes. Vpon Monday, beynge ye fowrthe of Februarie, one [John] * Rodgers, vycar of sent Sepulchres, was burnyd in Smythefelde. 1 This is clearly corrupt. ' One ' and ' vnytie ' have marks of abbreviation over them. Perhaps ' in omni imitate. ' 2 Wriothesley (ii. 125) says i6th January. Summary, xxii January. 3 The procession of the buck: see Machyn, p. 80. 4 Blank in MS. 42 TWO LONDON CHRONICLES Vpon Monday, beynge ye 18 of Februarie, ye byshope of Elyr callyd doctour Hethe, 1 w1 ye vycounte Broune, x and dyvers othar well apparylyd rode forthe of ye citie towards Rome. 3 Vpon Thursedaye in ye night, beynge ye xiiij. of Marche, ye Image of a byshope, 4 whiche was newly sett vp of late ovar y6 dore of sent Thomas of Acars, was shamefully mangled, ye heade & ye ryght arme beynge cleane smyttyn of : ye whiche Image ones before this tyme had y6 hede lykewyse stryken of, and was aftarwarde newly set vp, and nowre eft sones broken. Vpon Saterday in ye mornynge, beynge y6 xvj. day of Marche, a wevar whiche dwellyd in Shorclyche was burned in Smythefylde for heresye. 5 Vpon Eastarday, beynge ye xiiij. day of Aprill, 1555, a certayne desperate person wl a wood knyffe woundyd a priste, as he was mynestrynge the sacrament in sent Margaretes churche at West- mystar, vnto ye people : of whiche wounde y6 pryest was in great daunger of deathe, the churche of sent Margaretis was imedyatly shut in, and no more servyce don. 6 Vpon sent Marks even, beynge Wednysday & ye xxiiij. day of Aprell, ye sayd desperate persone, whiche hurte ye priest at West- mystar, was burnyd for heresy at Westmystar in sent Margaretes churche yarde. Vpon Tewesdaye, beynge ye vij. day of Maye, a certayn lewd heretyke called Tolly, 7 a pultar, who aboute x. days past had bene hangyd for robberye, & had ben buryed betwen Charinge crosse & 1 Nicholas Heath had been already translated to York; it should be Thomas Thirlby. 2 Anthony Browne, viscount Montague. 3 Summary but reading: ' byshop of Ely, with the lord Mountacute. ' 4 Thomas Becket. See Wriothesley, ii. 127. 5 Summary, Wriothesley (ii. 127) gives his name Thomas Tompkins. 6 Summary, but adding the miscreant's name (William Flower) and giving more particulars of his punishment. 7 Wriothesley (ii. 128) calls him John Towley, and says he had been hanged on 26th April, for the robbery of a Spaniard at Shrovetide. TWO LONDON CHRONICLES 43 ye gallows ther, was taken vp agayn and burnyd for certayne sedycious & hereticall wordes by hym spoken at his deathe. 1 Itm. in ye yere of our lorde 1555, ye 26 daye of August, ye kynge & quene vode thrughe ye citie of London, and toke barge at ye Towre wharffe, & so went to Grenewyche. Itm. ye 29 day of August ye kynge departyd from Grenewiche & went in to Spayne. Itm. in ye begynnynge of Octobre next folowynge ther was suche raygne yt sent Gorgis 2 felde was coveryd w1 watar, & bet wen sente Gorgis and Newynton, that for ye space of vj. dayes whyres myght go ther : and it cam into Westmystar hawle halffe a yarde depe, & in to ye palace of Westmynstar, & in to Lambythe churche, that men mowght rowe aboute ye churche w1 a whyrey. 3 About ye ix.4 day of Nouember folowynge ye byshope of Wynchest. doctour Styvene Gardenar, departyd this mortall lyffe : and his body was buryed at Wynchestar. 5 1 The lower half of f. 20™ is left blank. 2 St George's, Southwark. 3 Summary with slight variations. In the Annales, 1061 Stow gives a some- what fuller and different account from Wriothesley's Chronicle, ii. 130. 4 On 12th November. 5 The remainder of f. 21 is blank. A BRIEF LONDON CHRONICLE 1547-1564 K. Edward the 6. Hobilthor. l mayor A° 2. This yere the kynges ship named the menyon did take a grete spaynysh shyp in the naro sease mannyd weth scott & halff ladyn wth costly goods. The 1 5 day of May doctor Smyth * of Oxforde, yl did rede the dyvynite lector at Whitingdon colege, did recant at Poulis crosse. Doctor Langriche, 3 archdeacon of Clefland in Yorkeshire, did willfully lepe out of the cloyster of saint Magnus into the Temse, willfully drownyd hymselff yn ye month of May. A° 2° J. Gressam, 4 mayor. In the latter end of Januarii was soche vehement windes that damaged sore the western barges, & ye lade barges from London to Grauysende to London : a grocer of this citie, his wyfe, his seruant all were drownyd in a whery, sauyng the seruant & one of ye whery men. In the latter ende Februarii one of the kynges bregendynes did 1 Henry Hubbarthorne. 3 Richard Smith (d. 1563) see D.N.B. liii. 101. 3 Richard Langriche, Langridge, or Langreth, Rector of Weldrake, Yorkshire, Archdeacon of Cleveland from 1534, and prebendary of South Muskham, South- well, from 1538 (LeNeve, Fasti, iii. 148, 432). 4 Sir John Gresham. TWO LONDON CHRONICLES 45 take in the naro sease a frenche galeye, browght her into the ryuer of Temse. In the sermones at saynt Mary Spittell the prechars invayed agaynst the masse. * In June the bysshop of Winchestar was comytted to ye Towre. A° 3. Hamcott, 2 mayor. Ther were dyuerse rebellions yn sondry placis of ye realme : the mayor & citizens of Exciter manfully kept ye city from the rebelles of Deuonshire, till thei w1 in were almost famyshed. This yere was partyes put yn by the nobilite of this realme for the safegard of the kinges royall person, but praysed be God it was gentilly quieted. 500 souldiers of Arde 3 com nere to Guysnes purposyng to had a great boty of catell ; but ther were resisted by the men of Guysnes, & of ye men were 50 prisoners takyn, and 103 of them slayne. Hill, mayor. A° 4° trynyte terme was reiournyd to myhelmas, ffor that the gentylmen shuld kepe the people quyete wl owt comosion. This mayor was a gode mynystrer of Justice, & a grete ponyssher of adultery. [Jud 4] mayor. In a° 5 be reson that or mony was so base the exchaunge to Andwarp was vnder 17 s. the li. In May there cam a hoye to London w1 Holond chese, whiche was solde for 2 d the lb., and that after the rate of Essex chese vj. s. the way. 1 Of Wriothesley Chron. ii. 2. 2 Sir Henry Amcotes. 3 Ardres. 4 ' dobs ' was written in MS., but afterwards crossed out. 46 TWO LONDON CHRONICLES Dobs, mayor. A° 6. the eric of Arundell & the lorde Paget were comytted prisoners to the Tower. The erle was afterward relesed, the lorde Paget by a chapter of y6 knyghtes of the gartar dymyssed from the same order. Barns, mayor. Quene Mary. When the bisshop of Win., chaunceler, did mynyster the 6the-to Justices of this realme he wolde not mynyster to Justice Halis,1 ffor he sayde he had to talke wl him in maters of religion. The ix. of September ye archebyshop of Cauntorbery and Mr Latymer wer comytted prisoners to the Tower. T. Whight, mayor. A° 1°. the 13 of Nouember the lady Jane, before proclaymyd », 27. Champneys, John, 10. Chantries, 13. Charing Cross, 9, 42- Charterhouse, The io, 15,16. Cheap, Cheapside(Chepe), 1,2,4, 8, 14, 19. 25,27, 34. 41- Cheap Cross, i, 5. 34. 3°- Cheeke, Sir John, 28. Chessher, Thomas, 16. Chester, William, 47- Chipping Norton, 18. Cholmley, Sir Roger, 28 Christcburch, or Trinity Priory, 6. Clarke, Griffith, 15. Cleveland, 44. Cobham, Lord, 31. Cobham, Thomas, 33. Coinage, coiners, 2, 4, 6, 14, 23, 24. Cooke, Laurence, io. Corbyt, Sir Richard, 28. Cornwall, 17. Cotes, John, 16. Counters, '1 "he, 34- Courteisay, Edward, Earl vonslure, 29, 34. Court-up-street, 8. Cranmer, Thomas, Archbishop of Canterbury, 19, 22, 31, 35, 46- Crofte, Elizabeth, 36. Cromwell, Thomas, Earl of Essex, 9, 15, 1 6. Croydon, 23. Dacre of the North, Lord, 9. Darcie, Thomas, Lord, 14. Daunce, Hary, see Harridaunce. Dervng, Richard, 8. Devonshire, Earl of, see Courtenay Devonshire, 17, 45- Dieppe, 47, 48- Dobbes, Richard, 24, 46- Dodmer, Ralph, 4. Dolman, Dr., 31. Doncaster, 16. Dormer, Michael, 16. Dover, 48. Dudley, Ambrose, 28. Dudley, Sir Andrew, 28. Dudley, Guilford, 31, 33- Dudley, Henry, 28, 31. . Dudley John, Earl of Warwick, and Duke of Northumberland, 19,21,24,27,28,29. Dudley, Robert, 31. Dunkirk, 48. Dutchmen, 2, 5, 23, 30. Edward VI, King, 17-26, 29,44-46. Elizabeth, Queen, 27, 35. 3°. 47- 49. Elsing Spittle, 12. Essex! Earls of, see Cromwell, Parr. Essex, 21. Ewell, Thomas, 14. Exeter, 17, 45- Exmew, William, io. Exsam, see Axholme. Fagius, Paul, 47. Fenchurch, 29. INDEX 53 Finsbury Field, 2, 4, 5, 6. Fires, 3, 4, 7, 8, 9, 14. Fisher, John, bishop of Rochester, 5, 10. Fitzalan, Henry, Earl of Arundel, 27, 46. Flanders, 25. Fleet St., 33, 38. Fleet Prison, 35, 39, 41. Flower, William, 42. Forman, William, 14. Fostar, a heretic, 3. Framlingham, 27. France, 2, 48. Francis I, King of France, 3. Frith or Frythe, John, 7, 9. Gambold, or Gambo, Peter, 20. Gardiner, Stephen, bishop of Win- chester and Chancellor, 22, 29, 31, 40, 41, 43, 45, 46. Gates, Henry, 28. Gates, Sir John, 28, 29. Gataro, Charles, 20. Gerard, Sir William, 46. Godstone, 23. Gold, or Goulde, Henry, parson of Aldermary, 8, 9. Gold, Thomas, 8. Gracechurch, 4, 29. Gracechurch (Gracious) St., 30, 38, 49, Gravesend, i, 28, 30, 44. Gray's Inn, 7. Great Conduit, The, 34. Greenwich, 2, 6, 9, 32, 43. Gresham, Sir John, 17, 44. Gresham, Richard, 14. Grey, Henry, Duke of Suffolk, 24, 28,33,35- Grey Lady Jane, 31, 33, 46. Grey of Wilton, William, Lord, 17, 18, 24, 26, 28. Grey friars, 9, 15. Gryffyn, Rhys, 5. Guildhall, The, 31, 35, 46, Guisnes, 26, 45, 48. H Hales, Sir James, 46. Hall, Edward, 7, 10. Hampton Court, 19, 20. Harford, Thomas, 14. Harper, William, 47. Harman, a coiner, 2. Harmond, a searcher of Gravesend, 28. Harpsfield, Nicholas, 37. Harridaunce, John, 15. Harssam, Harry, 14. Hastings, Francis, Earl of Hunting- don, 28. Hastings, George, Earl of Hunting- don, 4. Havre, or New Haven, 47, 48. Hawkyns, Sir John, 48. Hayle, John, 10. Heath, Nicholas, Archbishop of York, 42. Henry IV, i. Henry VII, i. Henry VIII, 1-17. Herbert, Sir William, Earl of Pem- broke, 17, 24, 27. Heresy, and heretics, 1,3, 5, 7, 8, 10, 13, 15, 21, 23,41,42. Herne, or Home, Giles, 16. Hewet, WTilliam, 47. Hewitt, Andrew, 7, 9. Hill, Sir Rowland, 19, 45. Holborn, 7, 16. Holland, 10. Holies, William, 15. Holmes, Thomas, 21. Honey Lane, 3. Honiton, 17. Home, parson of St. Nicholas Willows, 24. 54 INDEX Howard, Thomas, Duke of Nor- folk, 29, 34- Howard, Lord William, 26. Hubberthorne, Sir Henry, 17, 44- Humber, 25. Hungerford, Agnes, Lady, 2. Hungerford, Walter, Lord, 16. Huntingdon, Earls of, see Hastings. Hussey, John, Lord, 14. I Isleworth (Thystylworth), 10. Isley, or Illisleye, Sir Henry, 31,33- J Judd, Andrew, 21, 45. Julius III, Pope, 46. K Kendall, Thomas, 13. Kent, 8, 21, 31, 34- Kett, Robert, 18, 19. King's Head, The, Smithfield, 20, Kingston, 32. Knevett, Master, 4. Knevet, William, 33. Lacie, Mr., 5, 6. Lambard, Nicholas, 5. Lambert, John, 15. Lambeth, 22, 39, 43. Lambeth marsh, 9. Langriche, Richard, 44. Latimer, Hugh, 35, 46. Laxton, Sir William, 16. Leadenhall, 4, 32, 49. Lee, Thomas, n. Leicester, 33. Leigh, Thomas, 47. Lesnes, 25. Lincoln, 13. Lodge, Thomas, 48. Lombards, 9. London, bishops of, see Bonnet, Ridley. London Bridge, 9, 33, 38- Louth, 13. Lowe, Simon, 35, 39, 4°> 41- Lucas, Emanuel, 35, 39, 4°> 41- Ludgate, 33. Luther, Martin, 3. Lyon, John, 39. Makkarell, Matthew, 13. Marching- watch, the, 5, 15. Marshalsea, The, 15,29. Mary, Queen, 7, 27-43, 46'47- Mary of Guise, Queen of Scotland, Masters, Richard, 8. Mercers Hall, 19. ' Mews, The, at Charing Cross, 9. Middlemore, Humphrey, 10. Middleton Stony, 26. Mile End, 2. Miles, Dr. Nicholas, 4. Montague, Sir Edward, 28. Montague, Viscount, see Browne. More, Sir Thomas, 4, 6, 10, 11. Morysbye, Thomas, 22. Myryll, a tyler, 13. N New Abbey, London, 12. Newark, 9. Newcastle, 9. Newdigate, or Nydygate, Sebas- tian, 10. INDEX 55 Newgate, 2, 4, 6, 13, 14, 20, 26, 34- New Haven, or Havre, 47, 48. Newington, 43. Newman Thomas, 13. Norfolk, 1 8. Norfolk, Duke of, see Howard. Northampton, Marquis of, see Parr. Northamptonshire, 18. Northumberland, Duke of, see Dudley. Norwich, 18, 19. Observant friars, 9. Ofley, Thomas, 47. Oxford, 7 35, 44, 46. Oxfordshire, 18, 26. Packenton, or Packington, Robert, 13- Paget, William, Lord, 19, 27, 46. Palmer, Sir Thomas, 24, 28, 29. Pagetor, Sir Thomas, 4, 14. Parnyll, 5. Parr, William, Marquis of North- ampton, 1 8, 28. Partridge, Sir Miles, 24, 26. Patchett, Sir Thomas, 19. Pattmer, a priest, 5. Paulet, William, Marquis of Win- chester, 24. Pavyar, town clerk, 7. Paytmer, a glazier, 5. Pecocke, Stephen, 7. Pembroke, Earl of, see Herbert. Philip of Spain, 31, 32, 36, 37, 38, 43- Philpot, or Fylpot, Clement, 16. Pillory, The, in Cheap, 14. Plymouth, 14, 48. Pole, Reginald, Cardinal, 39. Pomeroy, Sir Thomas, 18. Pursar, John, 5. R Radcliffe, Robert, Earl of Sussex, 4. Raynolds, a Carthusian, 10. Rich, Hugh, 8. Richard II., i. Richmond, 8, 9, 36. Richmond, Henry, Duke of, 2. Ridley Nicholas, Bishop of Lon- don, 26, 27, 28, 35, 46. Risby, Richard, 8. Rhodes, (Rodes) Master of the, 3. Roche, William, 16. Rochester, 33. Rochester, bishop of, see Fisher. Rode Lane, 14. Rogers, John, 41. Rome, 3, 42. Rouen, 47. Rudstone, John, 3. Russell, John, Lord, 17. Rycote, Oxfordshire, 18 36 Rye, 48. St Andrew by the Wardrobe, 6. St Antholin's, 4, 14. St Anthony's School, 3, n. St Bartholomew's Priory, 12. St Bride, Fleet Street, 4. St George's Field, Southwark, 43 St James' Palace, 25, 33. St John, the Lord of, 19. St John's Priory, 3. St Katherine's, 25. St Magnus, 44. St Margaret's, Friday St., 15. St Margaret's, Westminster, 42. St Mary Aldermary, 8. ft; 56 IN DEX St Mary Overy, 7, 12. St Mary Spittle, 12, 45. St Nicholas Willows, 22, 24. St Paul's, i, 2, 3, 5, 6, 12, 15, 22, 25, 29, 30, 31, 38, 39, 46. St Paul's Cross, 6, 8, 13, 15, 27, 34, 36, 37, 40, 44. St Paul's School, n. St Sepulchre's, 13, 41. St Thomas of Acre, n, 13, 42. St Thomas Watering, 15. Salcot, John, bishop of Bangor, 8. Salters Hall, 9. Sandys, Edwin, 28. Seamar, Thomas, 2. Seaton, 48. Seymour, Anne, Duchess of So- merset, 24, 29. Seymour, Edward, Duke of So- merset, 19, 20, 21, 24, 25, 26. Seymour, Thomas, Lord, 17. Shoreditch, 42. Skotte, John, 4. Smith, Dr. Richard, 44. Smith, Sir Thomas, 19, 20. Smithfield, 3, 5, 6, 7, 10, 15, 20, 21, 22, 23, 38, 41, 42. Somar, Thomas, 5. Somerset, 18. Somerset, Duke of, see Seymour. Sothewell, Sir Robert, 34. Southwark, 7, 20, 32, 34, 38, 43, 49- Spain, i, 43, 47. Spencer, James, 3. Standard, The, in Cheap, 4. 8. Stanhope, Sir Michael, 20, 24, 26. Stansted, 13. Star Chamber, 39. Steelyard, The (Stilaard), 2, 29, 38. Stocks, The, 38. Strangwysh, or Strangways, pirate, 47- Stratford, 2. Suffolk, 1 8, 21. Suffolk, Duke of, see Grey. Suffolk Place, Southwark, 20, 38. Sussex, Earl of, see Radcliffe. Taylor, John, Master of the Rolls, 9- Temple Bar, 9, 33, 38. Thame, 18. Thames, 2, 22, 25, 45. Thirlby, Thomas, bishop of Ely, 42. Thomas, William, 35. Thomson, Harry, 5. Throckmorton, Nicholas, 35, 39, 40, 41. Thwaytes, Edward, 8. Tompkins, Thomas, 42. Tower of London, The, 5, 6, 8, 9, n, 14, 15, 16, 19, 21, 22, 24, 27, 28, 29, 33, 34, 35, 36, 45, 46. Tower Hill, 4, 5, 6, 10, 15, 16, 17, 25, 26, 33, 35. Tower Wharf, 43. Towley, or Tolly, John, 42. Trinity, or Christchurch Priory, London, 6. Tunstal, Cuthbert, bishop of Dur- ham, 29. Tyburn, 2, 5, 9, 10, 13, 14, 16, 21, 36. Tyndal, William, 5. Vane, Sir Ralph, 24, 26. Vintry, The, 4. W Wandsworth, 15. Warwick, Earl of, see Dudley. Warryn, or Warren, Ralph, 13. INDEX 57 Watling Street, 24. Wayre, a friar, 15. Westminster, 4, 8, 9, 10, 12, 13, 14, 16, 20,30, 33,35, 39,42,43. Westminster Abbey, 29, 34. Westminster Hall, 25, 43. Whetstone, or Wherstone,Thomas, 35, 39, 40, 4i- White, Sir John, 48. White, Sir Thomas, 30, 46. White friars or Carmelites, 15. Whittington College, 44. Wiclif, John, i. Williams, Sir John, 18, 36. Wiltshire, Earl of, see Boleyn. Winchester, 37, 43. Winchester, bishop of, see Gardi- ner ; Marquis of, see Paulet. Windsor, 7, 19, 20, 36. Wolffe, a murderer, 8, 9. Wolsey, Thomas, Cardinal, 2,3,4. Woodstock, 1 8, 36. Woolwich, 25. Wrestling-place, The, 14. Wyatt, Sir Thomas, 31-35. Wynslowe, — , 21. Y York, Archbishops of, see Heath, Wolsey. York Place, (Whitehall), 4. Yorke, John, 21. Zeeland, 48. LIFE OF SIR JOHN DIGBY LIFE OF SIR JOHN DIGBY (1605-1645) NOW FIRST PRINTED FROM THE MS. IN THE BIBLIOTHEQUE NATIONALE, PARIS EDITED FOR THE ROYAL HISTORICAL SOCIETY BY GEORGES BERNARD, LICENCIE ES-LETTRES LATE SCHOLAR IN THE UNIVERSITY OF PARIS MEMBER OF THE NON-COLLEGIATE BODY OXFORD CAMDEN MISCELLANY VOL. XII LONDON OFFICES OF THE SOCIETY 6 & 7 SOUTH SQUAR E GRAY'S INN IQIO PREFACE The following Life was found in manuscript by the present writer in the course of a research connected with the history of the Royalist party in the time of Charles the First. It appeared to be worthy of interest to the scholars to whom it was communicated, because it throws some light on a hitherto not much known personality. Indeed, Sir John Digby had the misfortune to be the brother of a great man. The name of Digby is almost always associated with that of Sir Kenelm. And yet Sir John achieved no mean a reputation in his own times. The famous Hector Britannicus of the following pages l deserves more notice than he 1 [In the Dictionary of National Biography there are lives both of the author and his hero. Edward Walsingham is there described as ' royalist author and intriguer ' and said to be a kinsman of the Digbys (D N B. LIX. 230). He was also the author of Lives of Sir John Smith (Britannicae Virtutis Imago, 1644) and Sir Henry Gage (Alter Britanniae Heros. 1645). Walsingham was deeply engaged in all the political intrigues in favour of the Catholics, and also in those for the conversion of the Duke of Gloucester and the removal of Hyde from the service of Charles II. ' A pragmatical knave', 'a great babbler of his most secret employments ' and ' a busy instrument of the Jesuits ' are amongst the terms applied to him by Royalists of the orthodox Protestant type. Sir John Digby the brother of Sir Kenelm who is the subject of this memoir should not be confused with the Sir John Digby of Mansfield Woodhouse, Nottinghamshire, who is so frequently mentioned by Mrs. Hutchinson in the life of her husband. The two are so confused in the index to Macray's edition of Clarendon's Rebellion. In David Lloyd's ( Memoirs of the Lives etc. of those excellent personages who suffered. . . for allegiance to their sovereign, folio 1968, the two personages are properly distinguished (pp. 580, 581) C. H. FIRTH.]. 64 PREFACE has received at the hands of historians. The opportunity of paying a tribute to his memory, and of making easily accessible to all this new source of historical information, was readily seized by the Royal Historical Society. The volumes in the Camden Series being chiefly devoted to the presentation of texts, it is not possible to prefix any lengthy commentary on the " Life" itself ; it will suffice to add a few words concerning the manuscript itself. This is described as follows in the catalogue of the Bibliotheque Nationale, Paris.1 Hector Britannicus or Sir John Digby, late Major General of his Majestie's Western forces... Angl. Acquisitions nouvelles, No. 56. Gaignieres IO342. It became the property of the Bibliotheque Nationale, together with the rest of the Gaignieres Collection. How it fell into the hands of Gaignieres is not so surely known. It probably belonged to the library of Sir Kenelm Digby, to whom it is dedicated. When Sir Kenelm died in France, it is supposed that his books became the property of the King of France, in fulfilment of the -" Droit d'Aubaine." They were bought by Georges Digby who sold them in London in 1680. 2 It might be supposed, however, that some of the Manuscripts or books remained in France, and amongst them probably the Manuscript of the " Life." As to the author of the Life, according to Professor Firth, his name is Edward Walsingham, a Catholic gentleman very intimate with Sir Kenelm Digby. He also wrote lives of Sir Henry Gage and Sir John Smith which are printed. Verses printed at the end of the " Life " will be found to refer to these two names. The only point in which the following printed text does not completely conform with the original manuscript concerns the use of capitals at the beginning of words. In the original manuscript, almost all nouns are spelt with a capital at the beginning. In his aim at obtaining a photographic (so to speak) reproduction of the 1 Catalogue des manuscrits anglais. 2 Edwards. Memoirs of Libraries ii. 116. PREFACE 65 original, the present editor would have preferred to print Praise, Defence, Need, Stile, etc,... instead of praise, defence, need, stile, etc... It was objected to him that his text would be hardly readable, and that a rule had been agreed upon in similar publications previously undertaken for the Camden Society. In compliance with these objections, the usual rule has been accepted ; but the present editor begs to state that he is not to be held responsible for this slight breach of preciseness, however justified it may be. The Editor wishes to acknowledge the good offices of Professor Firth, without whose encouragement the present work would probably never have been carried through and who has contributed a valuable Note to the Preface. Nor can he forget to thank M. Rene Huchon and M. Louis Cazamian, Maitres de Conferences a la Sorbonne, for their kindly assistance. GEORGES BERNARD. Paris, May 29th 1910. TO MY NOBLE FREND AND ENGLISH MECOENAS OF ALL LEARNING Sr KENELME DIGBY UPON THE VERTUOUS AND MARTIALL LIFE OF HIS WORTHILY ADMIRED BROTHER SIR JOHN DIGBY Much honour'd Sr, your noble Brothers worth, Whose Justice, Prudence, Valour were most rare Made mee ambitious his praise to set forth, And with the Trojan Hector him compare 11 Fol. 1 D For Hector-like his foes hee did with stand, From Warlike fury to secure this Land ; I might an English Scipio have hym stil'd, As well for skill in armes, as Modestie, Who could not brooke to see his King exil'd From Honour due to Sacred Majestic ; In whose defense hee made himself a shield, Waging for King Charles Warre in bloody field. I might Horatius Codes have hym nam'd, Who, gainst Porsenna's Army, single stood On Tibers Bridge, for which Act hee is fam'd ; So almost sole, our brave Sr John made good The Horse and Foots retreat against ye Scot, At Newborne fight, wch nere shall bee forgot. H Fol. 2 I might Camillas rightly have him calPd, Who though by Rome exil'd, yet, at her need The Gaules insulting tirannie hee gaul'd, Winning from Victours his deserved meed. So this our Champions Valour hath made From foes scorching fury to frends a shade 68 SIRKENELMEDIGBY An English Achilles I might hym call, Whose Valour the worlds Conquerour did grace, Whose brave acts Homer in verse did enstall, Which mov'd great Alexander to embrace His gallant tomb, and him thrice happy stile Whose deeds the Prince of Poets did compile. But fearefull am I, least with rudest pen Fol. 2 D I seeme his Gests Heroick to deface, 1" And undervalew this Mirrour of Men, Who did his Kingdome with his Vertues grace Yet this my comfort is, his Brother can Refine what doth transcend my small skills span. FINIS. f HECTOR BRITANNICUS OR Foi. • Sr JOHN DIGBY LATE VALIANT MAJOR GfiNERALL OF HIS MAties WESTERNS FORCES AND FAMOUS CHAMPION OF HIS SoVERAIGNE KlNG CHARLES AND HIS COUNTRY GREAT BRITAINE. Although the whole Life of this our brave worthy, rare type of Vertue and Valour, Sr John Digby may not unfitly in my judgment sr John bee parallelled to a well polished mirrour ; yet, as a looking-glasse compared t< when it is entire, doth onely represent the features of one single giasse. person at once, but if broken into severall parcells it will contract H the species and will show in each small piece, shadowed to the Fol. 3 I Life, what soever visage or object is proposed before it : in like manner if you contemplate and view Sr John Digbie, you shall see in generall a vertuous and compleatly civill gentleman a valiant souldier, and an expert commaunder, but if you please to breake as it were this perfect giasse of his Life into sondry particles, the skilfull warriour and officer shall see his owne pourtraiture in hym lively expressed, the learned scholler, the civill bachelour, the refined traveler, and accomplished gentleman, in regarding hym may fruitfully observe what they are, or should bee, and most vertuous Ladies and gentlewomen, as well of the Court as Countrie, may with much praise and commendations paint themselves before this giasse with the well tempered Colours of his Modestie and Bashfulnesse ; yea children and youth may herein behold and admire their own native Candour and harmelesse Innocency ; and IF in a word all kind and condition of Men and Women may improve Fol. ' themselves by diligently looking in this giasse of Sr John Digby his life. Now as for his vertues, good qualities, and speciall endowments, both of Grace, and Nature, briefly couched in a succinct character, as an Appendix, or Labell to the rest (upon designe, not to 70 HECTOR BRITANNICUS interrupt the series and context of his Martiall achievements) I hope I shall prove so farre from exaggerating therein, that whosoever had the happinesse to know him familiarly, will evidently perceave I come much short of what might truly bee averred in so ample and large a subject ; but I wittingly and willingly rather chose to bee sparing in his due and deserved praises, then by seeming to hyperbolize to wrong both my self and him, whose knowne Worth was of so high a pitch that it needeth no flattering glasse or flourishing varnish of soothing words to set of his Vertupus comportment and admired Valour. Intending therefore with the rude pensill of my impolished pen to bl. 4 D limme in the bright Colours of 1 Heroicall exploits the picture of our pious and valiant souldier Sr John Digby, I will follow the example of picture-drawers, who first prepare their table, then prime it, and lastly having ground and tempered their severall colours set hand to worke, so I will summarily runne over his Noble pedigree, childhood, youth, and Mans Estate, whereby this our table will bee, as I hope, sufficiently disposed to admit the draught and picture of the most materiall and remarkeable passages of his life, which I should bee glad to see perfected by some curious Apelles. John Sr John Digby issuing from ancient and illustrious Parentage was korne in the yeare of our Lord one thousand six hundred and five, hee seemed even with his nurses milke to have sucked piety and devotion, and was trained up under the carefull governement and ey of his discreetly loving mother the Lady Digby of to traine Gotehurst in Buckingham shire, who although shee laboured to her - u^most to inf orme his tender understanding (by the best maisters ing. shee could procure) with learning and other laudable 1 qualities ol- 5 best sorting with a gentleman, wherein according to his age hee eminently advanced, yet her prime and chief endeavour from his very infancy was, to frame and mold his flexible mind to vertue, and enure hym even from his cradle, to the love and feare of God. isobedien- Wherefore from his childish years he gave a pregnant proof and ; y.nLa^Uyty n°Peiu11 presage of his ensuing Worth, when hee should write man. s mother. Though by his tractable disposition, obsquious duty, and loving OR SIR JOHN DIGBY 71 obedience ; hee endeared himself in a peculiar manner to the Lady his mother, that his presence was a singular lenitive and qualifica- tion of her heart-aking corrosived manifols, griefs, and heavy crosses, shee was so judiciously tender and indulgent to her sonne, that not withstanding her bowells yearned at the thought of her depar- ture from hym, yet shee sacrirized her private content and pleasure to his greater and future good, and being now betwixt thirteene ^ *4 hee is and fourteene yeares of age sent hym into Flaunders, where making Flaunders. his aboad three or fouer yeares hee perfected and polished him- Fol. 5 D self IF in the liberal sciences, musique and French, in all which hee Skilfull in was initiated and well grounded before his going. sciences^. After his returne and short stay in England, where with his good behaviour and gentile carriage hee graced the places from whence hee came, hee travailed into Italy, and having deligently employed his studies in Philosophic for the tearme of three yeares, he defended deth his his whole course with extraordinary applauses and singular opinion philosophy. of a learned scholler. Having continued an other yeare at Florence and Venice the better to enable himself in the perfect knowledge He is perfect of the Italian tongue and other points of civility .and gentilenesse, hee returned againe into his country, where hee deservedly among all sorte and condition of people gained the generall repute and Eng : a corn- style of a rarely qualified young gentleman. pleat Gent> Crossing Italy from Genua to Venice he fell intp the hands of He stran- thieves, vulgarly best knowne there by the name of Bandits, who pe^ thieves drawing him aside 1F into an adjacent Wood with intention to have Fol. 6 robbed if not killed hym, upon many questions discreetly and undauntedly answeared by hym, they were so taken, that making ostentation of great store of treasure, fruits as they said of those seemingly barren mountaines, they importunely invited and pressed hym to bee their captaine, and to joyne partner and share with them in the reaping of this their fertile and golden Harvest : but hee (inwardly disdaning in his mynd so debauched, lewd and wicked course, of life) civilly excusing himself as already engaged in the warres which he could not wave in point of honour, was dismissed by them without the least losse or hurt. So great force hath a 72 HECTOR BRITANNICUS discreet civility joyntly with a manly and resolute courage to winne upon the affections of men otherwise most lewdly given and viciously bent to all villanie. Sr John after his arrivall in England at the solicitation and earnest rol. 6 D request of the now right Honble 1" Earle of Portland accompanied [e goeth to hym in his embassie to the State of Venice, where our Young renice wth growing worthy merited the stile of a civill, courteous and Bnow Earle f Portland, well bred Cavalier, a name among them and forraine nations of singular esteeme and honour. He became so gratious in that Court, that hee was offred by the Duke and State very honble and advantageous entertaynement and yearly large revenues upon con- dition hee would thinke well to stay among them, but hee thanke- Ie refuseth fully and courteousley refusing their kind invitation, and desirous ood prefer- J.Q use fas besf. talents and endowments in service and honour of his King and Country if occasion should offer itself, returned with my Lord embassadour into England. [is confi- Being upon the seas betwixt Calais and Dover and encountred uragainst" bv a Holland man of warre which insteed of vailing sayle, dischar- Holland ged at the Kings ship wherein the Earle was wafted : Sr John ^arre nothing amased thereat but walking confidently upon 1 the hatches, "ol. 7 animated the souldiers and mariners to maintaine with the hazard of their lives his Males knowne right and soveraignety at sea. The Hollanders afterwards enquired what gallant young man hee was, who showed such an undaunted courage, and being told, answeared, they thought it was a Digby. [e benefies In his travailes hee seemed to have imitated the industrious bee, istravanes ^or wnereas divers other English Gentlemen were so farre from improving themselves thereby, that they rather gathered thence the banefull Poison of vice, depraved manners and lewd habits, hee sucked the sweet and delicious honey of Vertue, Learning, and laudable and good qualities, which hee stored up in the pure Hive of his capacious and Heroicall mind. I will not insist upon his skill at his weapon since London is a sufficient stage of dexterity therein both in jest and earnest, witnesse 'ol. 7 D prime fencers and others though good sword-men, who having 1 ORSIRJOHNDIGBY 73 once maid tryall of hym, found his play so good that they refused He was skil any second encounter. Witnesse also valiant Mr Shelton, who of ^j1 at hls , , . L Weapon. an enemy, by reason of his courteous usage became a great honourer and admirer of his deserving worth and experienced valour. I omit likewise as notoriously knowne how hee questioned and He questio treated Sr John Suckling at Nottingham- Bridge in the righting of "et ^?' Jo : a young Lady to whome hee was then suitour, upon her complaint of being wronged by Sr John Suckling who pretended and claymed greater interest in her then ether shee or her f rends did acknowledge. I passe also in silence how Sr John Suckling, in revenge of this affront of being caned, so patiently or rather dastardly then diges- ted, soone after most cowardly assaulted him at Black-friers, where hee attended with his owne single man and accompanied with two frends then casuallie present, without any hurt worsted and put to a disgracefull flight 1 Sr John Suckling with his sixteen Fol. I partly frends, partly hirelings who conspired basely to have mur- He worsett dered hym at unawares and upon so great a disadvantage, but ^rJohnthU? he had pinked Sr John Sucklings doublet if hee had not bene others at secured from many a home-thrust of his vigerous arme by his Blackfr : coat of Maile. Both which actions loudly speake and sound forth his confident boldnesse, his high spirited resolution, and skilfull valour. So desirous was hee of some noble enterprise worthy of himself, He goeth t that he put to sea in the navy Royall well manned and victualed sea wth y« E which road upon the Westerne Coasts to cleare the ocean from whom he roving pyrates and to hinder the incursion and inroad of forraine ^as kmShl enemyes. He was knighted after this expedition by the right Honble the Earle of Linsey then Lord high Admirall, (who afterwards being his Maties Generall was unfortunately slaine at Edge- Hill Battaile) according to a speciall. commission which his Lordp had receaved from his Matie f to bestow that marke of honour and Fol. 8 : preminence upon those whome hee should find to bee men deser- ving it. An evident testimony of the extraordinary opinion so sage, discreet and prudent a Lord conceived of hym. 74 HECTOR BRITANNICUS He was addicted especially in later yeares to thee frequent and diligent perusall of those bookes in several languages, whose scope and ayme was practically to handle martiall affaires, wherein he MadeCornet was so well scene that the right Honble Thomas Earle of Arundell \ruynddl°f Lord Marshall of England and then Lord Generall of his Majesties forces in the first Northerne Expedition against the Scots, was pleased to entertaine and harbour so eminent an opinion of his ability and sufficiency therein, that hee made choise of hym for Cornet of his Excellencies owne troop (consisting of two hundred partly knights and gentlemen of faire Estates and large yearly revenues) under his Lordps sonne Sr William Howard now Lord Vis-count Stafford. Fol. 9 In which office and employment Sr John so well acquitted f himself, that the managing, ordering, trayning and disciplining the whole troop totally relyed upon his shouldiers, which trust reposed in hym hee discharged with singular content and satisfaction on all sides, though his paines were almost incredible, untill the seeming adficati pacification was concluded and hastily shuffled up, and the kings flourishing Armie disbanded which if it had vigorously pursued the best advantages, would probably have put a happier issue and period to these unfortunate distempers, and stopped the swelling Flood-gates of so much innocent and Christian blood, which over- flowing have since dyed in graine and empurpled these three king- domes which once were thrice-happie under the peacefull and mild Governement of his sacred Majestic, our lawfull and dread Sover- aigne King Charles who in after ages may worthily bee entitled Charles the gratious. ?ol. 9 D About the feast of Sl James the Apostle 1" this short lived pacifica- tion was huddled up and sworne unto on both sides to bee kept inviolably, whereupon the Kings gallant Army levied and maintayned with vast expence both of the Royall treasure and of private subjects was hastily dismissed, and though the Scots seemingly did the same, yet their comming into England the next yeare argued their intentions not so sincere. For when they perceaved that the cloud of so powerfull an Army which hovering over their borders menaced their King-dome, by the gracious beames of the OR SIR JOHN DIGBY 75 sunne of Mercy shining in the kings breast was dispersed they The Scots upon new pretexts fomented and seconded by a strong faction Pr<~pareto within the bowells of this Kingdome raised an Army to compleat England. their march into England. The spring advancing, and the noise of great preparations in Scotland being hightned, a new Royall Army both of Cavalerie and Infantery is suddenly set on foot to make head against them in case of entring England. The right Honble Algernon IF Earle of North- Fol. 1( umberland declared Generall issued forth divers commissions to sondry well deserving Knights and gentlemen to raise troops out of He is made hand. Among the first hee was pleased to grace our Knight with Horse° one, which no sooner came to light and was blazed about the towne but in few days (an evident and pregnant signe how much was respected and honored) so many came flocking in to hym, volun- tarily profering their service to bee listed under hym that suddenly He speedily hee picked and chose out of them a full troop of gallant, stout and proper men and resolute souldiers and furnished divers other com- furnisheth manders with competent numbers. He chose for his Lieutenant Mr John Smith (young sonne to Hechoosetl the noble and vertuous Lady Smith of Arshby Falloville in Lecester ^j^ shire and brother to Charles Lord Carington) who then in the Low- his Lieute- Countries by his valour had purchased the repute and esteeme of a nant- well experienced and skilfull Commander and 1 was afterward Fol. 10 I knighted at Edge hill for nobly and valiantly with eminent hazard of his life rescuing the Kings standart Royall in the possession of the ennemy. His Cornet was Mr William Twingham now onely sonne and heyre to Sr Thomas Twingham of Twingham in Buckingham- shire, a hansome, civill and well bred gentleman. His troop in a very short tyme perfectly compleated and in fit equipage to march was mustered first in Hide Parke with generall His troop applause, and approbation both of the men and horses, secondly Hid^parke soone after at Newport Pagnell in Buckingham-shire. Whence and at New afterwards his troop hastned to Newcastle upon Tine, where hee port was much esteemed both by the prime and chief Comaunders and the Nobility and Gentry of the country round about. 76 HECTOR BRITANNICUS The Scots at Newborne nere unto Newcastle (where with little or no resistance they passed the river) felt the ponderous weight of Fol. 1 1 his martiall f arme, when commaunded by Commissary Generall He secureth Wilmot to assist hym in securing the retreat of the remainder of ye foots the Kings Horse, and of the body of Foot which otherwise would rpfrcut runne apparent hazard to bee cut of every man, he was assigned to lead up the right hand file in the charge, but those two or three Sir John his troopes suddenly wheeled of and speeded after the rest to Durham, single troop ieavjng sr John with his single troop engaged against the whole the^ottish Army of the Scottish horse to undergoe the unequall shock of the Horse. overpowering Ennemy advancing in a firme and united body. Yet his troop with their swords in hands opened and forced their way after their brave Leader, untill a Regiment of Lanciers flanking and traversing them disordered their ranks and severed them to their unspeakable grief from themselves, their colours and Captaine. Mr Jo-Richar- In the interim Sr John with two of his stout troopers better EandrStriC" mounted then the rest> charged thorough the Army of the Scottish Fol. 11 D Horse with extraordinary execution IF hee rid on a high spirited Sylver sides, horse though easily managed, which being wounded in sondry places both of the neck and breast, frequently reared and admitted in his owne body the shot levelled at his riders head ; this gallant palfery in the second thorough charge by reason of his many mortall wounds and losse of blood began to faulter and sinking In his fall uncjer njs burthen cast his maister, yet without other hurt then losse hee looseth ' J his helmet, of his helmet which could not bee recovered by his two faithfull Achates and collaterall champions with other of his troopers casually then meeting, who with much difficulty and danger in regard of the pressing ennemie, remounted hym, when the Scots perceaved hym bareheaded and without his helmet they made at him more furiously then before, but God vouchsafed to bee his helmet and overshadowed his head wonderfully with the heavenly from hurt, shield of his holy protection in this day of battaile, for nether by Fol. 12 sword, carbine nor pistol IF which pell-mell were brandished and discharged at his bare head, and came so near that his face glowed OR SIR JOHN DIGBY 77 with the heat of the fire issuing from them was hee ether hurt or touched. Soone after the horse, as having now performed his office in carrying his gallant maister of from among his enemies, fell dead under hym, when hee made what hast hee could towards his man His horse holding nere at hand one of his Live-horses, but before hee was jty6**1 under able to recover it being on foot and surcharged with his heavy armes, was surrounded and environed by the enemy and became their war like prisoner, and to a chief commaunder asking hym his He is taken name ; my name hee answered is Digby, then saith hee / believe Prisoner by you are a papist and I have maid a resolution to give no quarter to any papist. Sr John courageously and undauntedly replied Sr / am a Roman His resolute Catholique and so am resolved to live and dy : at which resolute IT poj ^ D answeare the coronell admiring said, ST because you are so gallant and noble a gentleman, the least haire of your head shall not bee touched by whom and the rest of the Scottish commaunders and The Scots nobility during his emprisonment in Newcastle hee was treated f^11^ . , . Enemies, with singular respect, civilitie and courtesie. A rare president to bee imitated by all souldiers towards their prisoners. Sr John as hee was led to the Scottish quarters, where he lay all sr John lieth night in the field ill accommodated of all necessaries (a cold comfort ale1finij5ht in and refreshment after so hot, gallant and long service) hee saw in the way one of his footmen lying on the ground with his face downeward. There lies, saith hee, dead one who living was my man at whose voice the servant joyfully starting up, was unmeasurably glad for his maisters life whome hee conceaved also dead though sorrowfull for his captivity, wherein he was licenced by the Scots to waite upon hym as formerly. 1" Fol. 13 In the tyme of his restraint the Scottish Commaunders highly The Scots extolled his approved and tryed valour ; and much wondered at use hym wt.h his strange and unusuall temper, adding they had never scene nor met with such a man whome they could nether see moved to They won- der at his indignation and wrath inticed to drinke, nor allured to speake ill temper. of others, and free from other vices incident to many men ; A notable testimony of His troop rallied by hisLieu-Sm. Fol. 13 D His troop nlr?rCth Enemy. taken by his Lieutenant. Sr John is sonment. 78 HECTOR BRITANNICUS which elogium and commendation uttered by the mouthes of professed ennemies doth remarkeably set of the lustre of his innocent and vertuous Life, and noble worth. His troop shrewdly shattered and diminished was rallied togeather by the prudent and vigilant care of their gallant Lieutenant Smith, ^ repaired to their unwillingly forsaken colours with sad and heavy hearts for the losse of their noble captaine, whome generall report and belief for divers dayes confirmed dead, when they were acertayned that hee was alive, and not wounded but prisoner 11 they were restlesse untill they could finde some fit opportunity "to fall upon some of the Scottish forces whereby they hoped to compasse his liberty by some equivalent exchange. Wherefore the brave Lieutenant with his forlorne troop was desirous to quarter nere the frontiers of the Enemie, both to keep them from annoying the country or if upon confidence of their late successe at Newborne (where they found not such a valiant resistance as might have bene expected from true bred English men issuing from Ancestours which had erected many noble trophies of their signall Victories both in Scotland, France and elsewhere) they should presume to venture out in parties, they might perhaps come short home, which hapned not long after at Stapleton nere Richmond, where the Lieutenant so discreetly and advisedly managed his designe (as already hath bene set forth at large by a good pen) that having killed divers uP°n the Place hee brought Sr Archibald Douglasse high sheriffe of Tinedale and commaunder 1" in chief with many officers and souidiers prisoner to his Ma^ then residing at Yorke, where the gallant Lieutenant was receaved with extraordinary joy and universall acclamations, and generall applause of his Heroicall Valour. This business so seasonably and happily atchived did much facilitate and hasten the mutuall exchange of prisoners on both sides accorded and agreed unto upon a second pacification, where- un*° kis Matie was pleased gratiously to condescend being loath to spill his subjects blood and engage his two Kingdomes in a Nationall Warre, hoping by his so exemplar Mercie and Indulgence to reduce OR SIR JOHN DIGBY 79 the refractorie and discontented Scots to their Loyaltie and obedience ; yet this pacification proved but of short continuance, Pacification for like a fire raked up in ashes it kept alive the hot coales of dissension, which having the supplie of the new fewell of disgusts and jealousies, soone after broke forth into an open flame, and hath set both the kingdomes or rather all three in a miserable and hitherto unquencheable combustion. IF You may more easilie conceave then I expresse in words how Fol. 14 D joyfull meeting and greeting there was at Yorke betwixt Sr John The joyfull and his brave Lieutenant how cheeref ull was his faithfull, though sr John and now small and shrtmck troop, revived at his long desired presence. hls Lieute- The Eaiie of Straford then Lieutenant Generall expressely and Yorke. peremptorily commaunded Sr John against the next muster to Bycomaund make his troop compleat againe with men and horses, which having straf ord he donne accordingly with his almost exhausted and wasted fortunes, compleat- presently by order from both houses of Parliament hee with all of ^oop'8 his profession and Religion was cashired out of his Maties Army, _. J' Hee is dis- which hard measure hee bore with great aequanimity and patience, banded. and prudent discretion. Hee lived privatily and retiredly in the Countrie with the Lady His private his mother, where hee gave to all with whome hee conversed and country llfe- treated no lesse evident instances of his true, solid and Christian His vertues, Vertues then hee had formerly given of his matchlesse prowesse and generous resolution. Hee continued this course not intermed- dling on If ether side untill by his hard usage and emprisonment by Fol. 15 the Parliament hee was enforced and necessitated thereunto and not permitted to enjoy himself and freedome as formerly at home as shall shortly appeare. Now was a tyme for hym of vocation devoid of all action, wherefore loath to sit idly when probably there might bee occasion of doing his king and country service, to which hee was not admitted, but debared and discharged, willing to absent himself from the heart-piercing sight of Englands miseries which weary of the prosperous and long happinesse it enjoyed went about to engulf itself into the dangerous whirepoole of a destructive and unnaturall 80 HECTOR BRITANNICUS warre, hee consented to the request and motion of the right'Honble Hee went Thomas Earle of Arundell and his Countesse with them to waite Arunddito uPon queene mother into Germany where hee hoped to bee out of wait on C : the ungratfull hearing of our home-bred calamities, but in vaine Germ1"10 for ^ was a £reat heart-burning to hym to observe other nations Fol. 15 D laugh and scorne at our Feares and Jealousies. IT Hee is much When hee landed in Holland, hee was looked upon by all with Holland** m the eves of resPect> honour and admiration for Fame with her sylver trumpet had alreadie shrilly entoned the high renowne of his personall deserts, and brave and heroicall atchievements especi- ally in his late encounter at Newborne against the Scots, wherefore she had already chaulked hym out, like a diligent harbinger, against his arrivall, lodgings in the innes of Mens Hearts of all ranks and quality : yet when they saw his proper, comely and gallant personage, so richly garnished with the precious Gemmes of a courtly civility and grave modestie and graced with such singular courtesie and affabilitie, free from affectation, singularity, vanitie and ostentation, hee gained more upon their affections, and wove himself insensibly into the webbe of their high valuation and . great esteeme. Hee waiteth He waited upon the Queene of Bohemia (sister to our gratious Bohemia. ° Soveraigne King Charles) at her Court in Holland by whome hee was Fol. 16 most respectfullie treated 1 and her Mty afterwards upon occasion The Que- vouchsafed to declare what an estimate shee made of hym, which hym!10 is more nignly to bee valewed proceeding from the princely mouth of so sage, discreet and well qualified a queene. Here he had the honour to see and admire that peerelesse Princesse her The Que- of eldest daughter, concerning whome after his returne hee framed eldest this judgment that hee thought shee was the most modest, grave, well daughter spoken universally learned and naturely judicious young, princesse hee commended , , T 7 , 7 . .; , , . , had beheld in all his travailes. Going in a Boat upon the Rhene towards Colen and discovering ^reaf^68 an Ambuscade hee alarmed with his carbin the Countesse her Con- danger. vev at a g°°d distance of, and eschieved that present danger by putting the souldiers to a fearfull flight, but shortly after both the OR SIR JOHN DIGBY 81 Countesse and hee standing upon the Decke very narrowly escaped the shot of a musquet, who were no sooner under the hatches but a whole voley of musquets plaied upon the boat yet without hurt, f Fol. 16 D Having waited severall tymes upon Queene Mother at Colen by whome hee was specially graced and taking leave of the Earle with his noble Countesse who civilly importuned his longer conti- nuance hee went to Aquisgrane where making his demurre a short tyme in his way to Liege hee often was endangered by thievish souldiers who way-laid hym, but hee so discreetly and couragious- ly ordered the busnies that hee stopped their mouthes and mus- He escapeth quets ayming at hym and his man, with good words and a largesse, robbmg wherewith they departed content, and hee through Flanders arrived safe in England, When upon his returne hee found that the unhappie misunder- standings and differences betwixt the King and his Parliament of England were hightened by new disgusts hee retired into the country living quietly for a tyme with the Lady his Mother, and His quiet partly applied himself to his studies, and partly followed the most jj^11 * laudable and best Gentleman-like IF sports and recreations with Fol. 17 Knights and Gentlemen his kind neighbours ; who so much observed and respected hym that his presence seemed to checke and banish any lesse modest or civill word or behaviour. Vice. Soone after the fight at Edge-hill which opened the Sluce as it were to so much blood-shed in this our afflicted kingdome, passing out of Rutland towards Gotehurst the house of the Lady his Mother, and not dreaming or apprehending any the least danger, riding in a peacable yea hunting or coursing garbe and posture with his He is taken men and dogs, hee was encountred on the Road nere Welling- force^and1 " borrow by some Parliament troopes, who in an opprobrious man- carried to ner dismounting and disarming hym and his men of their swords to°^ which were their onely weapons disgracefully conveyed them to He is corn- Northampton upon sory spittle jades scarse able to creep and mitted to ye craule under them : where Sr John by the Committee was given in Marsh: charge to the provost marshall, who at exceeding charges 1[ kept Fol. 17 D 82 HECTOR BRITANNICUS hym in a chamber not permitting hym to stirre a foot without the He is kept Marshalls man gave his attendance upon hym, which affront hee much resenting addressed himself to the Committee and desired ether to bee set free as conscious to hymself of his owne innocency not having bene active on ether side, nor stirred scarse one night from hime for a long tyme as appeared by different certificates, or, He requests that I may, saith hee, walke in the Streets with my owne man and cha/gec^of my swor^ ty my s^e or a ^ane *n my hand like a Gentleman and the Mar- my self, and not with the Marshalls man, the badge of a rogue at my shalls mans , , ' attendance. «»*»• The Committee promissing to take his request into their serious consideration dismissed hym to the Marshalls House, and having The House acquainted the House of Commons with his restraint, though by no?hn?ghaVC letters they aknowledged they could lay nothing to his charge yet against yet they ordered his person should bee secured. A pittifull World in should^6 tne meane tyme, when Gentlemen at their sports shall without bee secured, commission and cause bee seized upon and emprisoned though avouched innocent. Fol. 18 IF It was conceited it seemeth by the Committee that hee was not He is sent safe enough at Northampton wherefore they sent hym under a to London Suard to London, and waiting some howers in the cold after a wet and wilesome journy, not admitted into the house nor question- ed about any thing, was by a peremptory order from the House He i« com-^ of Commons commaunded to the Fleet, where hee was detayned fleat6 a* exorbitant charges ; in all which interim of half a yeare hee was never summoned to appeare before the Parliament, nor any the least reason alleaged of his undeserved restraint. At length find- ing his meanes daily grow short, nether the Lady his Mother nor his Brother Sr Kenelme being able to supply his wants, their Estates being sequestred by the Parliament in behalf of their Religion, fearing least hee might bee driven to great exigents, hee He escape made a hansome and cleanely escape out of prison, and having for ' some space concealed himself in London till the enquiry and search heegcomes was over> in a meane disguise arrived safe at Oxford, where hee to Oxf : was welcomed by all with excessive joy. OR SIR JOHN DIGBY 83 11 He was suddainely entertayned by his Majestic againe in his Fol. 18 D Warres and enabled with a Commission to raise for his service a His Majesty Regiment of Horse. Divers of his troopers in his absence having tcTralse0?1' listed themselves under other Commaunders, with speed and Regiment. cheerefulnesse repaired with hym upon the first knowledge of his Divers longed for freedome bringing with them Armes, Horses and all the appurtenances of a souldier, who were soone imitated by sondry others of good fashion and quality which sufficiently argued the generall and great love borne unto hym by the souldiery, who were highly conceited of his solid judgment in martiall affaires, and knew his provident care in ordering and securing them from the enemie, and lastly were not ignorant of his undaunted valour where with hee couragiously led them upon any charge though never so dangerous. Hee had from the beginning of his engagement in the Warres a vigilant ey that his troopers should no way wrong or prejudice the Hee was Country where they came as Newport Pagnell in Buckingham-shyre to^rong° can beare 11 witnesse, for having there mustered his troop when hee y* Country. went captaine into the North, hee would not permit any of his Fol. 1 9 men to stirre a foot upon their march, before all reckonings in the towne were discharged, and both then and at other tymes rather then any should suffer hee disbursed his owne money : and againe now being Colonell upon complaint from Newport and there abouts that some of his troopers had wurried the country, hee issued forth his warrant written with his owne hand to bee read there publiquely on the market day, the tenour He send his whereof was, that if such of his souldiers who without his know- punisn? o? ledge or permission had absented themselves from their quarters his souldiers and plundered the country did not returne with certaine prefixed dayes to give an account of themselves, and to receave condigne punishment, if convicted of misdemeanours, hee declared them thereby cashired and dismissed from his Regiment, willing and requiring the constable and others in case of refusall, and upon their persisting in their former villanies to apprehend them 1F by Fol. 19 D strong hand and bring them to his quarters to bee punished suitably 84 HECTOR BRITANNICUS Hee restoreth what was wrongfully taken, by his commanded men. Hee quarters nere the Enemy. His care to prevent a surprize. Fol. 20 Fol. 20 D Sr John and to their demerits that they might bee a president to others not to attempt the like. Upon his comming to Newport with noble Colonell Morgan hee showed great displeasure against some of the commaunded men of other troops (who in absence of their owne officers are hard to bee civilized and well governed) when hee was informed, they had abused or wronged any, yea so zealous hee was herein that him- self unhorsing some, caused the horses to bee restored to their owners, as Lathburg nere Newport can well testifie. Hee most usually was quartered in places of most eminent danger, and neerest to the enemy, and consequently most liable to a sur- prize by beating up quarters in the night, if his watchfull care and prudent manage of his charge had not shielded both hymself and others. In the night hys men successively and by turnes were upon their duties, and about breake-of-day, the ordinary tyme of such night-walkers exploit hee in the head of his men would bee at a Rende-vous in some common or field out f of towne, in fit posture to receave the ennemy if hee would or durst approach, in the interim sending out scouts several wayes, upon whose returne understanding all coasts were free hee commaunded his Men to betake themselves if they would to their rest interrupted by their necessarie and nightly duties. Which course if it had bene taken by all the Kings Commaunders since the dismall beginning of these unfortunate and uncivilly Civill Warres: London- Pamphleters would not so much have vapoured and insulted over the drowsie and lesse vigilant Cavaliers then the duty of their place and Office justly required. I will not so much wrong his never dying memory to silence that remarkeable victory achieved by his Matlea Forces against Sr William Waller at Round- way Downes nere the Vize in Wilt shire (the same day and hower as Naworth learnedly observeth when in their Matles the King and Queen happily met at Edge-hill after her returne out of Holland) In which Victory the Regiments of Sr John and H gallant Colonell Morgan bore a great share, who at the speciall solicitation and procurement of his Highnesse Prince ORSIRJOHNDIGBY 85 Maurice marching day and night united themselves (beyond all Col. Morg: expectation and belief of the Ennemy who thought all sure and the g^Stly inV day their owne) to the body of the Kings Horse though farre Victory inferiour to the number of the Enemy. S^WWaller In this famous Battaile Sr John commaunded a strong Body of Horse, where-with hee fell upon Sr Arthur Haslerigs Cuirassiers Sr John rous- with such resolution and dexterity that many being killed upon the Haseirigs m place hee put the rest to a shamefull route in which encounter Cuirassiers. Sr Arthur himself was grievously wounded, but soone after these Cuirassiers rallying againe at a distance upon a second charge made by Sr John were forced to trust more to their horses heeles then their owne hands, yet many made more hast then good speed, for in their swift horse-race riding upon the spurre downe the then againe. slippery hills some broke their owne necks, or their horses or both. Our Martiall Knight U on the plaine following the chase in the Fol. 21 poursuite with some of his best horsed over-topped them and compelled them sore against their Will to an ungratefull stand, necessitating them ether to fight or yield themselves Prisoners. Sr John observing the maine body of foot to stand on a neigh- He and his bouring hill in Battaglia, resolved to give them also a full charge, s|2f ^bouTa wherefore ranking in their files and marshalling his men, hee com- Body of foot, maunded that when by making a circuit they had gained the hill, and were come at a competent distance, they should suddenly ride in. with full speed upon them and disorder their ranks, but it seemeth, they mistaking his commaund wheeled on the contrary hand to his directions, notwithstanding which errour, hee accom- panied but with one man confidently marched up close unto them and almost round about them ; (though in the meane space many fierce voleys though in vaine and without hurt played upon them) and returned to the Body 1" of horse which stood in the bottome Fol. 21 D and gazed with admiration of his resolute and venturous attempt. The foot now seeing themselves abandoned by their Army of The foot Horse which was long since fled out of the field, and amated with themselves the confident boldnessse of Sr John whome they saw making ready fly- for a charge, throwing downe their musquets, swords, bandeliers 86 HECTOR BRITANNICUS P. Maurice comaunds qu: to bee given to ye foot. Fol. 22 P. Maurice setteth free y* pressed men. A compleat Victory. Hazardous enterprises imposed on Sr John. Fol 22 D Sr John brin- geth up the reare when y«E. of Bs: Army was at hand. Major Broo- kebanke his off. a gallant Man. and coats made them selves as light as they could to runne for their lives. The King Horse in part giving them as it were law, (like eager grayhounds let out of slips) broke forth into speedy pour- suance of them ; but the pittifull heart of his Highnesse Prince Maurice could not brooke it to see voluntarily disarmed men to bee exposed to a bloody massacre of the victorious conquerours, where- fore he strictly commaunded to receave them to mercy and give them faire quarter, wherein hee was obeyed. Many prisoners were brought unto his Highnesse, whome understanding to bee pressed men, after f that by his appointment they had gathered up their owne and their horse-mens armes which lay thick scattered in the field, and had loaded them in carts, upon Oath never to fight against their Sovereigne, hee set them free licencing them to repaire to their homes. The Kings Army in this wonderfull Victory consisting but of Horse onely, and but a handefull in com- parison of theirs both horse and foot, became hereby absolute Maisters of the field, armes, Ordinance Carriages and all their amun- ition ; wherefore this Victorie so successef ully and seasonably pour- chased saved or rather wonne the whole west which then lay at stake. - So great was the opinion generally conceived of Sr John in the Kings Army that whatsoever enterprize was difficult and hazardous the Commaunders in chief usually imposed upon hym, which hee never refused nor waved but cheerefully embraced, for they well knew his often tryed valour, relyed upon his solid Judgment and discretion in ordering and managing IF warlike affaires and were most confident of his unquestionable trust and Fidelity. Wherefore when the Earle of Essex was on his march towards the relief of Gloucester then besieged by the King in person Sr John was commaunded by his Highnesse Prince Rupert to stay behind upon the advance of the Kings Cavalierie to bring up the reare with about three hundred troopers and Dragons, and to hinder the Ennemie if possible from falling upon them in their march. Sr John his Sergeant Major Brookebanke (a gallant man and skilfull souldier afterwards taken at Grafton and shot to death at S1 Albans by the Earle of Essex his order for having deserted the OR SIR JOHN DIGBY 87 Parliament service after the Battaile at Edge- Hill) made earnest Shot at suite to Prince Rupert then Commaunder in chief to accompany his much respected Colonell in this enterprize of so great concer- Hee. fccom- panieth Sr nement and liable to so eminent danger, wherein hee behaved John and himself most courageously and wonne deservedly much IF praise jjehaveth and commendations and merited his lasting renowne should live valiantly, among men by an honourable mention of his Prowesse and Valour. Fol. 23 That brave vertuous, and flowre of English Gentry Colonell Morgan much endeared to Sr John solicited hee with his men refused by might bee licensed to joyne with hym but his boone to his great p- RuP; J° J J goe with resentment was refused. Sr John. Before Sr John his arrivall the Parliament forces had already maid them selves Maisters of Peddington Bridge in Oxford-shire, Peddington and had manned it with a strong guard of troopers and Dragooners, n(Jd §y ™an with whome they had also lined the hedges and lane. Sr John Parl. endeavoured to possesse himself of the Bridge but not at first prevailing hee used many notable and souldier-like stratagemes to draw them if hee could compasse it from their great advantages ; wherefore hee cunningly disposed certaine Dragons privily in an Sr john Ambush behind a Banke bordering upon an adjacent meadow disposeth an then sent a small party of Troopers into the Meadow to flourish a and skirmish slightly with their troopers IF and dragons in the Fol. 23 D lane and hedges, who apprehending the great ods they had against so few as it were hemmed in on each side and exposed to the butcherie as they thought, fell furiously in great number upon them, but Sr John his men, as they had in commaund by little and little gave backe retreating towards the ambuscade, and suddenly making a stand and lane, the Parliament forces now within a pro- The Ambush succeedeth portionate and fit distance were unexpectedly from the ambush prosperous- saluted with an ungratefull peale of musquets so well levelled that ly- some fell, the rest were eagerly followed in their flight by the troopers in the meadow. Which advantage Sr John skilfully improving to the hight with sr John his entire body made an onset upon the Guard at the Bridge with beateth a J triple num- so resolute and well ordered a charge that after some dispute hee her to his. 88 HECTOR BRITANNICUS gained it though most advantagiously possessed by a triple number He pursueth tQ j. and forcing them thence poursued them fiercely through the tncin to y . - /- .* Army. ' lane and towne almost to their mayne Army with more feare and Fol. 24 confusion of f the Enemy then losse of their men. Here making a halt and marshalling his men in Battaile-array Hee prepa- an(^ £t posture to receave the Enemy if approaching, but seeing w^snfen* them in along tyme not advance a foot towards hym, hee caused against y-E: most of his men to march away after the army who some miles of wholeArmy. ^ mediation of Colonell Morgan to Prince Rupert made a stand, where this gallant Colonell hearing that his entire frend Sr John -was The Kings dangerously engaged with the too powerfull Enemy, used such at^^qSt efficacious perswasions that relief was agreed upon to rescue ofCol.Morg. hym but the whole busnies was first happily passed over. Sr John Sr John with his small remainder faced the whole Army of the r« AJmyt0 Enemy, but last seeing no appearence of engagement hee also drew of the field, and returning againe back thorough the towne was entertained in passing with great and generall acclamations and singular applause of His Heroicall exploit, and going over the Fol. 24 D bridge so bravely wonne without 1 losse of men, overtooke the Army where hee was welcomed on all hands with excessive joy and admiration all giving hym and his men for lost. The Kings Army of Horse marched still almost in view of the other to keep them from straggling, annoying and wronging the Frequent Country, wherefore there were daily and almost howerly skirmis- betwixt1^8 hes of strong Parties encountring each other, in many whereof 2 Armies. Sr John was and still came of nobly and courageously and like himself, hightening the conceit already framed of his Worth, Valour and skill in feates of Armes. After Gloucester was relieved by the Earle of Esssex (which The Lords was his Maister-piece) when hee thought by his long night-marches Germin ngal- to nave stolne away to Reading unfought with, Sr John was in com- lantly char- pany when hee was overtaken by the Kings Cavaliery and worsted Auborne at Auborne Hills, in which fight the two Honble Lords Digby and Hills. Jermin charged most gallantly (as witty and learned Mercurius Fol. 25 Aulicus well observeth) and came of with slight hurts IF but great OR SIR JOHN DIGBY 89 markes of their honour and Valour by which unexpected stop the Kings foot behind had tyme to march up and joyne with the Horse whereby the next day was fought the first Battaile at In ye Bat- Newbury wherein some honble Lords, valiant knights and gentlemen ^ewb many with many resolute and brave souldiers as well Horse as foot brave men writ in bloody characters the Authenticall Copie of their faithfull kllled' Allegiance and unblemished Loyaltie to their Liege and Soveraigne King Charles. Among which was the gallant Earle of Carnarvan, The E. of who surviving some howres after his mortall wounds made a dietlThap^ noble penitent and pious end ; to whome may bee joyned that pily- vertuous, learned judicious, discreet, and civill Gentleman Colonell Thomas Morgan ' wrho shot with a field-piece, had onely tyme to The pious say cordially and affection nately O God what is man ! and shortly Death of after speaking inwardly to himself, which might bee discovered by the continuall motion of his lips, his soule made hast 1" to take pos- Fol. 25 D session (as wee confidently hope) of the eternall reward and Crowne of glory in Heaven correspondent to his exemplar and innocent Life. Sr John in this dayes Battaile, with his owne Regiment and other Sr John commaunded men charged bravely first severall tymes whole bodies Horsfand of horse whereof hee killed manie and routed the rest ; hee charged Canon, likewise the Canon passing by hedges strongely lined with mus- quetiers, where God extraordinarily protected hym from evident danger, for no sooner was hee marched by but a field-piece discharged, out right killed two his troopers stout, proper and valiant men whereof one had bene for many yeares Servant to his brother Sr Kenelme Digby but the gunner could not long brag Kenelme and boast of his fact ; for hee was suddenly slayne by the rest who revenged their companions death ; and the next day was found with 17 wounds upon hym, when they bestowed decent Buriall upon their fellow-troopers. 1" Fol. 26 Lastly Sr John charged also the foot and that so close that for a Hee charges long tyme togeather hee lay his sword upon their Pikes which ^ foot- goared his horses breast, which was shot under hym ; here hee ^S Sunder receaved a slight hurt by the grazing of a musket- Bullet a little hym. 90 HECTOR BRITANNICUS above the wrist of his right Arme, which notwithstanding shot through his coat and doublet sleaves ; and although hee stood Hee is slight- almost from morning to night as a marke for the Canon and musquet to play upon, yet hee sustained no hurt other then newly specified ; so strangely was hee defended by the powerfull hand of God. After Newbury fight Sr John having waited upon the King in Hee returnes his royall march to Oxford, hee with his men repaired to their old quarters at Heford in Oxford-shire, where hee and his were most lovingly still and kindly welcome, (no usuall thing among the most of souldiers) when hee had refreshed himself, men and horses after so long and wilesome service, his Maty 1 was gratiously pleased to give Sr Lewys Dives and hym a commission to garrison for his royall service Newport Pagnell in Buckingham shire but two miles Lewys dives distant from Gotehurst the mansion-house of the Lady Digby his to garrison Newport. Heford. Fol. 26 D Hee is with Sr P. Rupert comes to Newport Fol. 27 Hee gaines Country0 y cheerfully obeyeth Sr mons. Ski on mother. His highnesse Prince Rupert with good strength both of horse and foot unexpectedly by Bedford came before them to Newport, which busnies if it had bene well followed, and not so suddenly let fall by drawing the Kinges forces out of the towne, it would probably have proved very prejudiciall to the Parliament and advantagious to his Maty by stopping in great part their road for *ke succour and relief of their more Northernely Garrisons, and also by hindring provisions going to London, the inexhaustible magazine both of men and money with armes and other necessaries, for the keeping on foot these unnaturall warres betwixt the Kings Maty and his liege people, f In the few dayes of his stay at Newport with Sr Lewys Dives, ^ee infinitely gained the affection and good liking of the People; as hee did also at Bedford ; where at the first summons the Country flocked in with great cheerefulnesse and alacrity joyfully declaring themselves to stand well affected to his Maty and his cause which afterwards cost them deare upon the retyring of the Kings forces anc* &*vm& leave to Major Generall Skippon with his Cittie-strength wthhisLond: to enter without a blow the towne forsaken by them and perfect OR SIR JOHN DIGBY 91 the workes modelled and traced out for them, which they to the enter New- great disparagement of the Kings party in a scoffing way com- £° y^KJngsT mended as well delineated ; who if they had insteed of casting up men whom slight trenches at Tocester, thoroughly fortified, manned and for^aving victualed Graf ton- House, which might with ease have bene donne, it. it would have courbed if not wholy foiled their rising garrison at Grafton well fortified had Newport. much Few dayes before his Highnesse Prince Rupert went from annoyed Tocester with the greatest part If both of the horse and foot, Sr John ewpor • was commaunded to stay behind in quality of Governour of Grafton House which hee was to fortifie, with f aithfull promise of Prince ^r jjJ-JJ^j Rupert to bee relieved within a very short space if besieged, which Governour was not performed accordingly. witehhee Sr John in the short continuance of his office wonne to hymself was to for- much Love and esteeme in the Country round about, which hee tlfy- did not suffer to bee wronged by any under his charge if hee ether knew* it or could redresse it, as even those can and doe witnesse s' John and and give evidence, who were publiquely and openly knowne by their commended owne actions and profession to bee great stickless against the bY the.ir King, yet they give such a singular testimony of the integrity and faire comportement of him and his men that passing and repassing most frequently and almost daily by their houses and grounds, they were not endomaged to the valew of a farthing. No small commendation from the mouth of such, who would not have bene sparing in aggravating any the least 1F trespasse or offense Fol. 28 committed in that kinde. By his favourable, courteous and gentile usage, hee wrested deserved praise from the mouthes of the Parliamentary prisoners which hee tooke, for they released highly extolled their entertayne- riers hee ment aknowledging they had fallen into the hands of a gallant tooke- Enemy, which hee and his afterwards could not verifie when it was their unluckie disaster to become prisoners of Major Generall Skippon as in the sequele of this narration shall bee notified. The neighbouring garrisons of Northampton Alisbury and Newport conceiving by these small beginnings how offensive and 92 HECTOR BRITANNICUS All ye Garri- sons cons- pire against Sr John. Fol. 28 D His vigilant care. 7 or 8000 combine against. Grafton. Fol. 29 Sr John relying on P. Rup : pro- mise intends to stand out ye siege. His men sally out and take some prisoners. annoying Grafton house would in all likeliehood prove unto -them, if well fortified and manned especially under so judicious valiant, and active a governour, they used all possible care to assault, and crush hym before hee and his house grew too strong for them. Sr John like a vigilant Commander and 1f well understanding his charge, apprehending the clanger wherein hee lay, to prevent any suddaine surprize commaunded a Sentinell to watch all day by turnes on the top of the steeple nor farre distant from the House, thereby to discover farre of, any bodie of approaching ennemies, and in the night gave order, that all the horse ready. saddled, foot and troopers with their armes should bee within the walles of the House. Wherefore Major Skippon with his Londoners seing hee could not prevaile against hym by any suddaine surprize or beating up his quarters in the night, because Sr John was alwais in a ready posture to welcome hym ; hee resolved to attacke hym by maine strength not doubting but with ease and without losse of m&i to make himself maister of so unfortified a house. Upon which designe all the garrisons of thirty or fourty miles compasse were drayned to patch up a Medly-Army of at least seaven or eight thousand as is generally If reported and believed. Though that very morning they sate downe with their Army before the House, Sr John with safety might have retreated with his horse and men into Tocester, yet hee so much stood upon his honour which hee judged would be nerely concerned therein if hee should desert his charge : and so confidently hoped relying upon Prince Rupert his promise to bee relieved upon notice with in fowre and twenty howers, that hee determined not to forsake the trust reposed in hym by his Matie but to make good this weake hold of his honour of Grafton if hee could possibly against their strongest forces and Attempts even with the hazard of his life, and so courageous were his men that some sallied forth upon the reare of their past Army and brought back divers troopers well mounted and armed prisoners. The Parliament horse faced Tocester and Eston a house of the OR SIR JOHN DIGBY 93 Lady Farmers IF to keep them in, while their foot and ordinance Fol. 29 D were drawne in competent distance of Grafton thinking perhaps as it was boasted that the compassing of their worke would bee so easie that they should breake their fast at Grafton, dine at Eston and sup at Tocester, but it seemes, they reckoned according to the Vaine brags. proverb without their host, not dreaming at what a deare rate they were to buy this their intended breake-fast. At first in a full body the musquetiers charged the House, but they were resoluted with so well levelled a voley from within that they retreated in disorder leaving many of their companions gasping The foot find upon the place ; this so unkind greeting so abated the edge of their appetite that they had but small stomach to come on so thicke xheir againe, but first by fower and fower and that at a distance, and courage is from an other, then in single files, one by one dropping but even c< so they found the service so hot, and so perfect markes-men within No orcjm- (though they had no other but musquets and fireling-pieces) that Grafton. they could IF not bee entreated nor scarce hired to discharge Fol. 30 against it by day, so farre were they from storming it. Many of the foot and horse very valiantly retreated and sheltered themselves behind the ordinance which played ahnost continually by day and the musquetiers grew also bold and hardy, covered as they thought with the sable wings of a darke night yet the fire of their musquets discharged most commonlie in vaine, to the stout Defendants within gave ayme, who so well plied their musquets that the first day and night, five or six carriages of dead bodies, are credibly reported by neighbours who saw them to bee secretly *Jaei' answeare that therein hee was not to bee directed by hym, for hee would observe what howers hee liked best of going to bed and rising, after which hee was never intermeddled with in that kind. Sr John suffred this his hard restraint with great and admirable patience without any the least pusillanimity or dejection of mind, for the space of full three quarters of a yeare, and although in the meane season the Kings Maty had dispatched severall trompeters Many to the two houses at Westminster proposing exchanges for hym, proposecTby Yet upon one pretense or other they were still rejected, so loath his Ma* for they were to set hym at large whome they conceived would prove ed.mreJeC an active and stirring Ennemy against, and that they were not deceaved in their expectation and judgment of hym Sr William Waller and many others who afterwards experienced it, will beare Fol. 42 hym witnesse. f A little before the Kings famous Victory at Lishthiell(P) in the West, Colonell Buttler, Lieutenant Colonell to the Earle of Essex and Hee is his Ensigne taken prisoners were released by the King, upon their tor Coi: parole to procure the exchange of Sr John Digby against them to Buttler. bee ratified by the Parliament, which after much suite and impor- tunity they did : yet for many weeks after Sr John was not released by the Lieutenant pretending hee had not his passe from the Earle of Essex. But this proved onely a colourable pretext to have cunningly still Col : But- kept hym in hold ; wherefore when Sr John understood : that bee questio- Lieutenant Colonell Buttler was committed to the tower to bee ned for ye questioned for their overthrow in the West, hee with his keeper West.1" going to the Lieutenant boldly demaunded his Libertie so long due unto hym, to whome it was replied that his exchange was void because Lieutenant Colonell Buttler was not free beeing now Fol. 42 D questioned by the Parliament and committed to his custody f what doth that concerne mee, answeared Sr John, since hee was released by ORSIRJOHNDIGBY 105 his Maiy and I graunted in exchange for hym, wherefore I claime my Sr John liberty and the Earle of Essex his passe and will speedily have it from his Exchan- you : whereat the Lieutenant in hast left hym bidding the keeper ge and Passe, take away his prisoner. But Sr John following hym into an other roome confidently persisted in demaunding his exchange and the Earle of Essex his passe, which hee knew was in his hands and would have it. The Lieutenant seeing hym so round and resolute and impatient of delay, mildly and gently entreated hym to respit it till the next morning, and hee should have his desire. Sr John having payed his fees, wherein the Lieutenant to say the §r John re- ^i f i i AI • i • i_ • j 1 • j leased goes truth was favourable, the next morning his passe being delivered to Oxford. to hym by the Lieutenant, who courteously accompanied hym out of the tower and sent a guard of souldiers with hym to passe hym out of the line of communication after three quarters of a yeare hard and chargeable IF imprisonment, in a Coach hee went out of towne Fol. 43 towards Oxford where hee arrived safely and was entertayned and welcomed by all sortes of people with great signes and expressions of Joy for his long desired release. The King having fought the second battaile'at Newbury upon his comming out of the west commaunded Sr John at Oxford to waite upon hym in his returne to disengage his Canon lodged Hee waites under the shelter of Dennington Castle, and fight with the Ennemy to Newbury. if they had a mind to encounter, but it seemes they had enough of the last, for they looking on and not offering or daring to oppose, The Qanon the ordnance were drawne of and conveyed to Oxford, whither are disen- after some stay, seeing hee could not invite the fearfull enemy to drawn to come into the field, the King with his brave and Royall army Oxford, marched backe to Oxford. Many of Sr John his Regiment formerly freed from prison, after some expectation of their Colonell had put them selves for present entertaynement under other commaunders, but upon his release repaired to hym IF whome with some others Sr John one day trayning Fol. 43 D the King passing by asked whose men they were Mine, saith hee, my Liege to do your Ma** service, the King gently smiling com- 106 HECTOR BRITANNICUS mended and encouraged hym saying It is well donne Sr John I will provide you more horse ere long. The Obe- Among other duties in the life of a souldier one is an exact and punctual Obedience to the commaunds of their superiour officers, which is so precise that they judge a disgrace and disparagement unto them not onely to refuse, but even to wave any difficult or lesse pleasing enterprize if imposed. Sr John was alwais most pliable to the orders of his commaunders wherefore hee renounced whatsoever particular commodity or private Interest to obey them. Hee is com- He was appointed with a strong party of horse to gather certaine gather con? contribution due and unpaid at Swanburne and there abouts in tribution at Buckingham shire and although hee could not but thinke that his hTBuck™ Deeing employed therein would probably give distast to f Alisbury Fol 44 anc* Newport, two Parliament-Garrisons of that County, which perhaps thereupon might fall heavie upon the Ladie his Mother who liveth under their lash, yet being commaunded hee could not in point of Honour (which a souldier and gallant gentleman stands nicely upon) refuse to obey ; though otherwise it went against the hayre to doe any thing which might seeme grievous or burden- some to his Country as his fore-past Actions at Graf ton may well testifie. This businesse with as much sweetnesse, gentlenesse and mode- ration as the nature of such an Action might require, for it is alwais a hard taske and ungratefull employment to wrest money from people refractory and unwilling. Having performed what hee came for, upon his returne hee Hee pur- discovered a Party of about threescore Alisbury horse, whome hee bu? horee8" *n ^e mter^m faced, while secretly hee drew of some of his men to the Walls, to get behind them and intercept their passage home- ward, in- Fol. 44 D tending then with his other troopers to have fallen upon them 1" but they discovering the intended stratageme put spurres to their fresh and unfoiled horses and ride for it. Sr John with his best horses (for many with their long marches were much haltered and out of heart) rid pell-mell among them, wounded many killed some and pursued the rest to Womens-bridge close by Alisbury. ORSIRJOHNDIGBY 107 The Souldiers upon the Guard seeing their men comming so speedily with un-invited guests pulled up the draw-bridge and in hast shut the gates whereupon Sr John observing that it was in vaine to pursue them any further, not to endanger his men who now were within the reach of the pieces mounted on the workes, retreated in good order with above twenty prisoners and their Hee takes , above 20 horses and armes. prisoners. There was not one drop of blood drawne from any of his, but with their spurres from their horses sides. That night by the carelessenesse of the keepers to whome they were entrusted some prisoners stole away in the darke night ; but next day hee brought about sixteene into Oxford with their armes and horses, whither the report of this so well managed f exploit arrived before hym, Fol. 45 with singular commendations of his discretion prudence and valour. Soone after hee was sent with his Maty to joyne his Regiment to the Lord Gorings Army in the West, where first hee was made He is made Commaunder of a Brigade then Major Generall in place of CQ^ . Of a ' Sr Marmaduke Langdale, who so bravely relieved Pomfret Castle Brigade then besieged and got such a great Victory over them with inconsider- aj ' able number of men. The Lord General Goring understanding that the Enemy had possessed a towne called Christ-Church, which they had partly fortified, hee sent Sr John, with the commaund of five hundred At Christ- foot and nere upon a thousand horse and Dragons to beat them rideth at ye out of it3 and make it good for his Maties service ; hee marched on head of the horse-back at the head of the foot, and though a gallant Major of foot was killed H at his stirrop, yet hee still advanced on and with Fol. 45 D the foot beat the Enemies out of their workes with their great losse into * the Church nere which his men gained a house. Hee still sit on horse-back encouraging the foot in their assault of the church, and escaped narrowly many dangerous shots made at hym. But seeing the Church could not bee wonne by force of foot but by famine or ordinance of which hee was not provided, and beeing acertained that a great body of Souldiers were upon their nere march to releave their fellowes gonne to church against their 108 HECTOR BRITANNICUS Fol. 46 He look into his charge himself. Hee looks y» guards discharge their Dutyes. Fol. 46 D Hee was secret in his designes. will by appointment and order hee drew of his men without any considerable losse and repaired safe to the mayne armie. Sr John in his Office of Major Generall was so carefull of his charge that what others usuallie entrust to their Adjutants and subordinate officers, upon whose weake shoulders they disburthen 1" the heavie load of their weighty affaires, hee would alwais attend to them himself : and the chief Commaunders were so confident of his vigilancy and care that when they saw hym present, they con- ceived they might bee dispensed withall to absent themselves for some howers from their severall Offices, not doubting but hee would supply what might bee wanting in their absence. Sr John well knowing in his discretion of how dangerous a consequence it was for souldiers upon duty to bee carelesse and negligent, especially the Ennemie being at hand and ready to lay hold upon any the least advantage given, whereby often whole armies and townes relying upon them, have bene at unawares surprized by undiscovered ennemies till it was too late to prevent : hee severall tymes in the day and night, as occasion served, went to observe how the out-guards (of whole care and diligence depen- ded the safety of the whole army) discharged their duty, and the trust reposed in them, and if hee 1" marked any neglect hee would mildly put them in mynd of the danger both themselves and the army incurred thereby which gentle admonition more prevailed with them then the menacing words, fearfull oathes and often severe blowes of some other commaunders lesse maisters of them- selves and their passions then governours of their souldiers. He was still very close in carrying on his designes, keeping them in his breast and not imparting them to any till the necessary tyme was of putting them in execution, which course if it had bene punctually observed in his Maties Armies by the chief commaunders and others privie to the mysteries of warre since the beginning thereof, their resolved intentions had not bene so frequently preven- ted nor their secret counsells anticipated by the Ennemy to the great domage of the Kings once flourishing armies, to the discour- aging of his faithfull souldiers and heartning of his Ennemies. OR SIR JOHN DIG BY 109 If this example of Sr John had bene put I in practise both in the Fol. 47 army and Court, the close Committee at London would not with their golden key have opened the Kings Cabinet and the Results of Councells of warre, nor would their armies in all probability have had such prosperous successe in their undertakings, as of late, but if some notoriously detected in this kind by an exemplar punishment had bene made a president to others it would have kept them in their duty and courbed them, for reward and punish- ment are as it were the two axel-trees whereon the wheeles of a well governed Kingdome or common-wealth are turned. Taunton in Sommerset-shyre having bene long besieged and distressed by the kings forces under Sr Richard Greenfield the Taunton parliament sent Sr William Waller Westward to relieve if hee could £? s^d by his afflicted brethren with his army ; but hee found it a harder Green, taske then hee conceited for the right Honble the Lord Goring attended his motions and 1F his no lesse vigilant then valiant Major Fol. 47 D Generall Sr John Digby gave him leave to rest nether night or day, but still plied hym and wearied hym out with almost continuall alarmes falling upon his quarters not onely in the night (beating hym at his owne weapon) but in the morning, at noone-day and at all howers even in the view of his head-quarters, where not- withstanding hee lay couchant not daring peepe forth to the rescue of his men who were struck with such panick feare and amazement and terrour that they have rid through townes full speed with their naked swords in their hands, where their fellowes without giving them an alarme whereby within an hower after their quarters perhaps S. W. Wai- have bene beaten up. Wherefore in the space of three weeks at defeated by the most, Sr William Wallers whole army was killed partly and beating up taken by Sr John partly dispersed, and put to a shamefull flight. hl^weeks. Then Generall Goring joyning his forces to Sr Richard Green- fields in a short tyme had so If straitned Taunton and driven it to Fol. 48 such exigents that without speedy relief it was upon the tearmes of capitulating and surrending, when unluckily the Lord Goring horse The L. Gor : beeing called away under pretense of securing the Kings march Ho: called^ out of Oxford towards the relief of Chester then besieged, in the ton. 8 s. * fe .* ' aJ 110 HECTOR BRITANNICUS meane season for all the Westerne horse and foot left behind to relieved for make good the siege, Taunton was relieved by an inconsiderable ally" Wester- number of the Enemy to the small credit of the Westerne men, orces- who if as willing as able might with ease have hindred it. Cromwell Cromwell had besieged Faringdon but withdrew upon the approach of the Lord Gorings forces, yet some of his men possessed themselves of New-bridge with intention to have inter- rupted the Lord Gorings passage ; notwithstanding which op- position by the Heroicall courage of the Lord Generall who in person charged them most resolutely and of gallant Major Generall Fol. 48 D Sr John Digby II and part of the Regiment of the brave Lord Carnavon whose valour still breathed in his men, after a sharp His men dispute at sharp for above half an hower with disgrace and much l°sse they were beaten from the bridge and forced to runne for it. Which hapned even in the nick of tyme for otherwise if they had made good the bridge and joyned with their other forces beyond the water they would have endangered to have fallen upon the Lord Gorings quarters that night. The relievers of Taunton in their returne homeward were en- -countred by the Kings horse at South-Petherton bridge which The Relie- they had strongly manned, yet by the Valour of the Lord Goring ton driven " anc* his Major Generall Sr John they were forced and pursued in back againe great disorder and confusion to Taunton, where they were besieged Castie. togeather with their brethren whome they had so lately relieved, and helped them more speedily away with the provisions laid in, but they were unwelcome because uninvited guests. Fol. 49 IF But Taunton now growne more confident by reason of the unexpected supplie of these new forces driven in against their will, Taunton ^ made frequent sallies and often fell upon the guards of horse and Kings gards. foote with different successe. Wherefore Sr John desirous to redresse these inconveniences was carefull often in his owne person to observe and see how the guards discharged their severall duties in which the whole army was so much interessed, and having one afternoone certaine intelligence that the Ennemy with a strong party of horse was abroad hee drew forth three score musquetiers, OR SIR JOHN DIGBY 111 and himself would needs have the leading and ordering of them Sr John hee disposed them in an ambuscade in a place very advantagious musquetiers for their owne security, whence without danger they might have to an Am- killed most of the Enemies horse as they were of necessity to passe by ; but the musquetiers stood not to their armes and their Jhey^ stand hearts, or honesly or both failed them and they hym f in his greatest armes. need of their service, for the musquetiers would not shoot at but Fol. 49 D slowly, though encouraged and commaunded by Sr John, till the Enemy was now out of distance ; and then they discharged a who]e voley, which cowardlinesse or rather wilfull neglect of their duty the Enemy out of their reach observing, returned againe and let freely fly their pistols and carbines at the foot not able to approach with their horse by reason of a deep dick and banke betweene so well the ambuscade was chosen for the security of the foot and certaine annoyance of the Ennemy, if they had showed themselves couragious souldiers and men of their hands. They killed the Captaine of the foot a gallant resolute man, and shot Sr John in the right arme somewhat above the elbow, which Sr John is wound nothing amated his undaunted courage, hee drew of thinking right arme. at first hee had receaved but some slight hurt and rid with his men pleasantly and IF merrily at a good distance of, where being dressed Fol. 50 the wound appeared greater then was apprehended where taking no rest that night in regard of the extraordinary anguish and paine, the next day in a souldier-like litter hee was conveyed to Hee is car; Bridgewater the next towne of safely from the danger of the gewatei. approaching Ennemy. The right Honble the Lord Generall Goring with the chief Commaunders often visited hym and seemed much to lament his He is visited sad case, and resented the want they found of hym in their army ted by ye which was more particularly taken notice of by all and found at the Prime Com- £ T-» ,, -i .1 r, i T maunders. unfortunate Battaile not long after at Lamport. Among their great advantages the Parliament hath had of his Maty I conceive the least hath not bene that they have had so great advantage choise both of sea and land-chirurgions whereby it hath happened ?^ ]T0^ng that many of their men though grievously and dangerously wounded, chirurgions. 112 HECTOR BRITANNICUS Fol. 50 D have bene strangely and beyond U expectation cured as might bee instanced in Major Skippon and others ; and on the contrary his Majesties men have miscarried and dyed of slight seeming hurts for want of good, experienced and skilf ull chirurgions, whereof there hath bene too frequent and wofull tryall. The Lord Generall Goring was pleased to leave for his cure the chirurgion Generall of his army who though it is hoped did his endeavour, yet ether too confident of his owne skill, or not fully apprehending the danger or for some other reasons would not permit other chirurgions (after the 2 or 3 tyme when there appeared no danger) to bee present at the opening and dressing of the wound, which was never thoroughly searched nor launched to find and take out the bullet and when hee was often importunely desired to have the opinion and advise of some other chirurgions hee would not heare of it saying it would bee a disparagement to hym to consult with any who were under hym although all sufficiently Fol. 51 know that even the best f Doctours and chirurgions who conceive their patients in danger doe usually admit a Councell of those of their profession, the better to administer to them what by the unanimous consent of all is conceived most fitting. Which course if it had bene taken in ordering of Sr John his wound it would have given his frends and the world better satisfaction and had cleared the chirurgion himself from suspicion of any neglect of his duty according to his place and profession, to which now thorough too much an overweening conceit of his owne sufficiency and skill in rejecting the advise of others, hee hath made himself liable. It is generally believed that the hurt had not proved mortall if the wound had bene well searched and ordered from the beginning and afterwards by a skillfull, honest and carefull chirurgion ; for the bullet as it was discovered after his death, having made its way through the bone of the arme lay but little under the skin, which the chirurgion, launcing when it was too late without difficulty tooke out. Fol. 51 D Sr John lay day and night in unspeakable and IF excessive paine which hee endured with invincible patience, the anguish of his wound debarred him almost of all rest, hee was kept at a very spare OR SIR JOHN DIGBY 113 dyet under pretence least hee should fall into a feaver ; his wound never disposed to gangrene or swell upward. The one and thirty dayes hee kept his bed in small rest and great paine of his wound, hee spent most piously and religiously in the frequent and continuall exercice of true solid and Christian Vertues to the great edification of those who gave their continuall attendance upon hym ; hee was most exactly and punctually observant of the prescriptions, orders and directions of the Doctour and chirurgion. The weaker hee daily grew in body the more vigorous hee became in spirit, and finding himself in a declining condition hee carefully used the best and wholesome meanes his languishing state worthily required ; wherefore practising invincible patience and perfectly resigned to the will of God, hee piously breathed forth his pure soule H into the hands of his Creatour the sixteenth Fol. 52 day of July, in the yeare of our Lord one thousand six hundred forty five about fower in the morning ; and released from the prison of this wretched mortality, is rewarded in Heaven, as wee con- fidently hope and piously believe for his Life so innocently and vertuously led on Earth. Bridge water had now bene closely besieged* by Sr Thomas Fairefax about a fortnight, wherefore his funerall exequies could not very solemnely bee performed. Hee was buried in the Chan- cell of the Church, his herse was carried and accompied that night by the chief Commaunders and prime Gentry then in towne, who by their unfamed grief gave evident signes and testimonies how much they resented his Death. The next day, the Besiegers it seemes having good intelligencers within the walles cryed out in an insulting and upbraiding manner to the Defendants. Where is now your stout Champion Digby hee can no more f defend you for Fol. 52 D hee is dead and buried last night. Within few dayes after the towne fell into the hands of the Ennemy. To the never dying Memory of the Vertue and Valour of this brave and gallant champion of his King Sr John, not onely at the desire and solicitation of some frends who have interest in mee, but much more out of my respects and knowledge of his worthy 114 HECTOR BRITANNICUS person and deserts, I was willing to contribute these my grosse materialls wishing and hoping some more able hand will bee pleased to order them, and some more expert artificer will polish and square them by their more exact Line and Compasse of skill into an historicall Monument wherein his Vertuous and valiant exploits may bee enregistred and engraven. My earnest desire is that these my rude draughts may at least serve as an obscure and darke foile to set of the bright lustre of better pens in the same Fol. 53 subject IF whereby I shall deeme my small paines happily bestowed if never so little I may assist to expresse the deserved praise'and Noble Worth of hym, whome living I affectionately loved, and gloriously dead in defense of his soveraigne, I honour. I can not in testimony of my sincere and true respects to so well deserving and gallant a worthy, but inscribe upon his monument this Epitaph. Sr John Digby late valiant Major Generall of his sacred Maties forces in the West (under the right Honble L. Generall Goring) sprung from noble and renowned Ancestours, embellished with the most radiant gemmes of Vertue, Learning Education and Valour, which shined in the whole course of his life, like a bright Sunne having enlightened this our little world of England with his bright rayes, overshadowed at Taunton in Sommerset shire with a ruddy Fol. 53 D or rather bloody cloud f set at Bridgewater in the west the sixteenth of July one thousand six hundred fourty five by a noble death in defense of his Soveraigne Liege King Charles ; and shall, wee hope rise againe in the East of a blessed and endlesse Eternity in company of all the Saints and those glorious Martyrs, who having washed their stoles in the sacred blood of the Immaculate Lamb, have dyed them in graine with the rich Cochenell of their owne blood and togeather with them shall sing an immortall and victo- rious Pcean and in triumphe to this never dying Generall Christ Jesus under whose Royall Standard of the holy Crosse hee so manfully and vertuously fought during life. FINIS. f A SHORT CHARACTER OR MODELL Fol. 54 OF THE OUTWARD AND INWARD MAN OF SIR JOHN DIGBY I will imitate herein a famous artist who being requested by a frend to paint hym a great and fierce Lyon according to his perfect and full proportion and dimensions, not having at hand a table large enough, with few draughts of his skilfull pensill limmed but one of his pawes with this Motto under it Ex UNGUE LEONEM, that is by this one pawe guesse and make an estimate of the whole Lion. In like manner I avouch in the present subject we handle Ex UNGUE LEONEM by this short abstract of Sr John Digby gather his greatnesse and Worth if hee were set forth at the full with the lively and well mingled Colours of his vertues, Valour, and Innocency. IF Sr John Digby nobly descended, was even from a child, reli- Fol. 54 D giously pious and devout towards God, obedient and lovingly dutifull to his mother the Lady Digby of Gotehurst in Buckingham- shire affectionately observant to his tutours, respective to his equalls, affable and courteous to his inferiours and finally amiable and loving to all with whome hee did consort. Hee was well scene in the liberall sciences ; hee studied and defended his whole Course of Philosophic in a frequent Assembly of Princely and Honble Personages with generall applause and singular honour to our English Nation, hee was skilfull in Musique and naturally perfect in the Italian and French. Hee diligently reaped the true fruits from his travailes by care- fully and exactly polishing and civilizing his exteriour man by the quaint gentilenesse of foraigne Nations, but not in the least tainting his inward, though in the midst of dangerous allurements, with the staynes of their vices. 116 HECTOR BRITANNICUS Fol. 55 1" Hee was rarely endowed with a singular and solid Judgement, a quick apprehension and perspicacious understanding : hee was maister of a faithfull and tenacious Memory, which served hym as a safe magazine to store up so rich treasures of different learning. His mynd was still busied and seriously employed in most laudable objects, and generously disdayned whatsoever might seeme less suitable to one of his profession, breeding and quality. His Conversation was judicious and modest, his Recreations innocently and harmelesly pleasant, and no way offensive, but rather cheerefully gratefull, and gratefully cheerefull, his discourse was never lavish and extravagant, but grave, moderate, substan- tiall and confined within the bounds and limits of a rescrued discretion ; his Words but few, yet such and so fitly couched that every one might seeme to have passed the touch-stone of a prudent circumspection being poized in the equall and just balance of a sage decorum ; accommodating each sentence and word to the Fol. 55 D IF parties humour and disposition with whome hee treated, yet without any affectation, Vanity or singularity. This his so well tempered comportment rendred hym acceptable 'and kindly gratefull not onely to his f rends and domesticks with whome he lovingly and familiarly conversed, but even to strangers and forraigners who were ambitious of his acquaintance and frendship, of which though hee was not at all nice yet after a civill entertaynement hee discretly let it fall on his part when hee saw any inconvenience might accrew thereof. Hee refused noble proffers of honble advancement in forraine States and Warres, being desirous to stand disengaged to strangers in case his King might have occasion to make use of hym, as hee did in an eminent Manner, in whose service and defense hee willingly and couragiously afterwards pawned his Life. Fol. 56 And thus much for his outward man obvious f to the view of all, much more might bee said touching his inward, but my prefixed brevity will not licence mee to exceed my bounds proposed to my self in the beginning, yet I will give a slight hint thereof which may serve as a small scantling of a larger piece which I hope will OR SIR JOHN DIGBY 117 bee spunne and woven into a better Webbe by a more skillfull and cunning hand. Wherefore to begin with his faith towards God which is the solid foundation and rock whereupon all ye spirituall building of a Christian is reared, how substantiall it was and sincere, may bee easily gathered by the whole tenour of his Life, but espacially by that publique, and constant profession of his Faith being surrounded with the whole Scotish army when hee was taken prisoner by the Scots at Newborne fight nere Newcastle in the North, for being demaunded of what Religion and faith hee was, I am, saith hee, a Roman Catholique and so am resolued to live and dy. IF From this so firme, constant and lively faith sprung his stedfast Fol. 56 D hope and confidence in Almighty God, that though frequently tossed, with boisterous waves and violent surges of afflictions, miseries and Imprisonments which hee most resolutely and patiently suffered for his Love to God and his King yet hee was never scene to bee dejected or clismaid but cheered both himself and others with Hope to see the storme blowne over, and enjoy the quiet calme of a better condition. His ardent charity towards God hee maid brightly shine by his carefull observing of his holy Commaundements and keeping his soule and conscience free from the staynes of sinne as much as humane frailty would permit, using speciall care to eschiew occasions of sinne, and applying seasonable and convenient remedies both to preserve from falling and to raise hym being fallen. Hee exercized frequently with much devotion and attention the highest and chiefest acts of IF Religion, and when hee was to under- Fol. 57 goe an enterprize which might imply danger and difficulty hee ad- vised with- discreet and wise vertuous men how hee was to behave himself therein ; and in an exquisite manner for many dayes togeather sequestring himself from others wordly employments, recommended to God the successe thereof, craving most piously his divine assistance for the well ordering and managing the businesse which hee tooke in hand. Though his prudence, Judgement and discretion was great, yet 118 HECTOR BRITANNICUS hee would not rely upon them but in matters of greater moment and higher concernement hee permitted himself to bee overswayed by the opinion of others, whose dictamen and Verdict hee would humbly follow, though the party otherwise was not so well able to advise as hee hymself, so farre was hee from overvalewing his owne and undervalewing other mens opinions, which is a rare thing and seldome found in one in whome so many prerogatives both of grace and Nature were in their prime. Fol. 57 D IF Hee was faithfull, sincere and loving to his f rends and kind, affable, gentle, civill and courteous to his neighbours. Pitty and Compassion seemed to bee inbred and naturall to hym. Hee was still very wary not to taxe the defects of others yea though hee heard any enveigh against some persons absent, hee would ether excuse them or utter some thing to their praise or at least modestly hold hys peace. Hee was never given to those three most ordinary and hatefull vices of Lust swearing and drinking which beare so great sway in the world and most frequently spoile and drowne other good and commendable parts. Much more might and perhaps hereafter may at a more seasonable tyme bee recounted concerning these and other Vertues which were singular and remarkeable in hym, which may serve as a patterne for all to imitate. But that which did most adorne these and such like Graces, Vertues and good qualities in hym, was, his being free from Pride Fol. 58 and an H overweening conceit in regard to them. Hee was alwais void of singularity and affectation, and behaved hymself with such modestie that his diserved praises uttered by any in his presence did stayne his cheeks with a bashfull blush so farre was hee from being trumpeter of his owne commendations. What shall I say of his Magnanimity and generous Valour ? of which hee hath given ample testimonies to the whole Kingdome : shall I speake of his Judgement and knowledge in martiall affaires ? It were in vain for it is notoriously knowne both to frends who highly prized hym for it, and to Ennemies who tryed it in severall encounters to their owne cost. Yet I can not omit in conclusion his unstayned Loyalty towards his King, whose cause hee espoused OR SIR JOHN DIGBY 119 and courageously maintayned in so many bloody battailes wherein hee runne eminent hazard of his Life which at last hee most If willingly sacrifized in defense of his Soveraigne King Charles, and Fol. 58 D sealed the Writ of his Allegiance with his owne blood, encouraging hereby all good Christians and loyall subjects to suffer the last extremities rather then swarve from their faith to God and Duty to their King his Vicegerent on Earth whereby hee hath justly purchased a lasting memory among men and an immortall guerdon and reward in Heaven of his just, vertuous and pious Life. FINIS. POEMS WRITTEN IN HONOUR OF SIR JOHN DIGBY SIR JOHN SMITH SIR JOHN GAGE AND OTHERS AN INVITATION TO MR. KENELME, MR. JOHN AND MR. GEORGE DIGBY, THE TRIPLE HOPEFULL ISSUE OF Sr KENELME DIGBY TO IMITATE THE VERTUOUS LIFE OF THEIR FAMOUS UNKLE Sr JOHN DIGBY 1" You three brave Impes of gallant Digbies race Fol. 59 Whose Fathers worth through Europe doth rebound, Your unkles Vertues in your Lives enchase. Which will your names to after Ages sound, For Vertue is a Gemme most rich and cleare, Which men to God and the World doth endeare. Paint upon the tables of your pure soules . Apelles-like in Colours mingled well The Pourtrait of his Vertues, which controules All soule-killing Vice which guides to Hell, This will your Unkle's soule in Heaven rejoyce This will you make high Heavens Darlings choise The Noble Romans caused their Children beare About their necks the Picture of some rare Ancestour, which should to their eyes appeare With whose brave acts they might their lives compare With whose bright lustre they might darknesse chase Of Vice, which would their noble names embase 1 So in your Breasts your Unkles picture weare Fol. 59 D Garnished with unstain'd faith and Loyalty To God and his King, and zeale hee did beare Unto his countries weale and honestie 124 AN INVITATION Which Vertues make hym live in each Mans breast And yield hym a prime place among the blest And when you are allur'd to uglie sin Like that Roman your tinkles image kisse Wnich you should find lodged your breast within And say fat -re bee' t from us to doe ought amisse Or of thy name unworthy, this will bee A Bridle to Vice a spurre t' Honestie. FINIS. 1f To THE MUCH HONOURED AND VfiRTUOUS LADY, Fol. 60 D THE LADY DIGBY OF GOTEHURST IN BUCKING- HAMSHIRE, UPON THE MUCH LAMENTED DEATH OF HER PIOUS AND VALIANT SoNNE Sr JOHN DIGBY Madame, the lost is great you have sutain'd By the Death of your Sonne, whose Vertues gain'd Him Honour with his f rends and Foes, his Fame In future Ages shall enhance your Name. I must not wonder that your eyes doe powre Fountaines of teafes for so choise a flowre Cropt from your garden in his highest prime Of Worth and Vertues unblemish'd with Crime Yet give mee leave t'avouch, those teares should run Not in griefs channel for your pious Sonne Stint then those floods of grief, let teares of 'Joy Supply their place, hoping hee doth enjoy Without all feare of loosing, Heavens blisse Fol. 61 And you in Glories expecting is. FINIS. ENGLANDS FUNERALL TEARES SHED UPON THE TOMB OF Sr JOHN DIGBY All mourners sad consigne your teares to mee Who have just cause my self to moane, since hee Who was my Joy is dead, my gallant Knight My martiall Digby, and true Valours Light And is hee dead ? my Heart tells mee hee lives And ever shall in it, my eyes it gives A check for being Fountaines of sad teares Since hee is gonne to dwell above the spheares. Why should you weep saith it ? though hee is dead Envie can not cut his Vertues Lifes thread. Hee Phoenix-like from his fragrant nest Of Vertues Baulmes, is flowne to perfect rest. Fol. 61 D f His noble goodnesse and deserving Parts To enstall hym a Worthy moves Mens Hearts. His zeale and Valour link'd to his loyall mind Shall render hym the Darling of Mankind, His love to his King and Country shall ly Enroll'd in times eternall Memory. FINIS. AN ELEGICALL DIALOGUE BETWIXT DAPHNIS AND A WESTERNS NYMPHE THE UNTIMELY DEATH OF THEIR STOUT CHAMPION S< JOHN DIGBY DAPHNIS You mournefull Westerne Nymphe of Britaines He Whither is fleeted all your wonted Joy ! Why to sad ruth is chang'd your gladsome smile ? Your teares proclame some heart-launcing annoy : Vouchsafe to open the source of your grief, And I, if able, will afford relief. f NYMPHE Hath not the dolef ull Eccho pierc'd thine eares Fol. 62 That gallant Digbies shining sunne is set In Westerne Deepes, this makes out brinish teares Streame in full tides, this doth our grief beget Wise, grave, discreet was hee, and humbly low And for his country weale endur'd much woe His prudence, Worth and Valour did excell, His sage and watchfull Prowesse were most rare, His wisdome did foresee and eke foretell The wretched state wherein we plonged are Since then our Digbie's dead why should not I, In wayling hym, sound forth our Miserie. DAPHNIS I can not but beare part of England Crosse In parting with her Digby, in whose Death The West must needs resent heavy losse, For hee to their Armies did courage breath I can not but sad Nymph your grief commend I cannot but condole such a Frend 128 AN ELIGICALL DIALOGUE Fol 62 D f NYMPHE His sunne dispersed Wallers armies cloud, Hee was the Anchore of our Westerne trust, Hee was the Bowre wherein we did us shroud Hee was our Prop whereof was no distrust, Our sunne is set, and our Anchore is burst, Our Bowre is faded and our Prop is crusht Hee was the starre which our Armies guided, The Commaunders staff e which did direct their .pace, His Valours tree from foes them shade provided Hee was a Leader did his Country grace, Our Starre is fall'n and our staff is broke Our tree and Leader felt Deaths fatall stroke Our sunne, our Anchore, our Filler, our Bowre Is set, is crushed, is shrunk, is decay'd Our Starre, our staffe, our tree our Leaders powre Is fallen, broken fell'd and hath Death obay'd Yet Death thou striv'st in vaine from mee hym to part A living tomb He raise hym in my Heart. FINIS. f AN ELEGIE Foi. 63 UPON THE HEROICALL AND NOBLE DEATH OF THAT PEERLESSE AND RENOWNED CHAMPION AND MlRROUR OF PERFECT CHIVALRIE Sr JOHN DIGBY What is 't I heare ecchoing in myne Eares ? A dolefull sonnet fountaine of sad teares Gushing from the flood-gates of weeping eys, Which with heart-throbbing sighes thus mournfull cries Brave 5r John Digby flowre of Valour, dread Of his Foes, fightings dead in Honours Bed Is Digby dead ? can's Martiall Prowesse dy ? Can's Vertue, Wisdome, Innocency dy ? How is hee dead ? whose undistained fame Shall blazon unto Mortalls Digbies name, His name which never can obscured bee By thickest clouds of Envy, nor shall hee Eclypsed stand through malice of his foes, For his sun-shine of Vertue will disclose His Worth and Valour, whence both frend & Foe Fol. 63 D Hee rich & poore endear'd, both high and low Is Digby therefore dead ? whose better Part In Heav'n enjoyes his Maker and whose Heart Fountaine of Life, on Earth enshryned lies In the devoted Breasts of frends, whose eys Witnesse their grief yet cease, o cease those teares Which sad tributes of bleeding Hearts appeares Attend what his blest soule from Heav'n doth sound And let it from your Eares to Heart rebound Why mourneyou mee who have quit Worldly toyes To bee possessed of immortall Joyes ! FINIS. AN INVECTIVE AGAINST DEATH FOR UNTIMELY CROPPING THE FLOWRE OF Sr JOHN DIGBIES VERTUES 0 Death how fatall was thy dismall blow, For when brave Digbies flowre did shoote & grow Thou cropt it in his early Vertues bud, Was it perhaps because thou saw'st hym good, Fol. 64 f Sage, grave, discreet, humble, just and devout Thou thought old Nestors glasse hee had run out But this thy custome is, a man that 's rare Thou scarce gives leave, old ages gowne to weare. De : ' Vaine man why gainst my deed dost thou complaine ? Why dost thou Godd accuse ? under whose raigne 1 but a servant am, hee bid mee seaze Digby's rare flowre because it did hym please, I cropt it, put it in his hand, whose sent Of choisest Vertues gave hym prime content. If longer it in earthly mold had staid His leaves had fall'n wither'd and decay' d But in Gods hand hee shall securely rest And never fading spring among the blest. ' FINIS. UPON THE HAPPIE DEATH OF THAT GALLANT WORTHY Sr JOHN DIGBY Brave Digbies soule was infus'd from on high Into his Body by Gods sacred hand In whome all goodness and rare Modestie Fol. 64 D Did in their proper Center lodged stand His Breast a Mag'zine was of Vertues treasure Wherewith God hym endow'd in great measure His spirit enrich'd with Vertues choisest Gemmes And quaint endowments of Gods heav'nly grace Distasting Earth and all vaine Honours stemmes Repaired againe oft soone to the place From whence it came and doth admiring sit His makers essence who created it To soone alas for those who did affect, His humble Mildnesse and deserving Parts • Too soone for those, who now sadly reflect . How hee by Love hath stolne away their hearts Their Hearts which hee to Heav'n hath captives led In loves sweet Bands fast ty'd & manicled But first hee dy'ed for his Sov'raigne King Whose Cause hee espoused in many a fight Whence his fame will in future ages ring Fol. 65 And make hym shyne with Vertues radiant Light, A sacrifize for's King and Countrie's Good Hee made hymself by shedding of his Blood At Taunton Deane his right arme was shot Which had supported long the Westerne Crowne, Witnesse is Wallers Army which could not Rest from Hym secure in field nor in towne, But now his Army lost, Waller did hie 132 SIRJOHNDIGBY To London to raise hym a new supply But while our Knight did at Bridgewater ly, Sore wounded, at Lamport in that sad day The Kings Army mist his Vigilancie And sage conduct, which did his foes dismay Soone after fell the Westerne Crowne to ground Because hee dy'd who did their foes confound. FINIS. f Sr JOHN DIGBY Fol. 65 D HIS ARMES AND IMPRESA UNFOLDED One day as I did musing sadly stand, With pensive thought casting in my Mind How many gallant Champious of our Land Since these unnaturall Warrcs, death unkind Hath strucken with his fierce & fatall Dart, Which deeply hath launc'd many bleeding heart I seem'd to see a comely portly Knight Mounted upon a stately prancing steed Whose Armour dazled myne eyes with y6 light Which sparkled from it that I scarce could read Who it might bee who to my sight appeared And of his Valour had such trophies rear'd Upon his shield in azure field hee wore A white flowre de luce, which from heav'n.was sent For France to beare in her Armes long before, Which at this day is that Crownes Ornament The white flowre show'd his Life Innocency Th'azure that his thoughts soar'd to God on high 11 I saw an Estridge on his Helmet's Crest Fol. 66 That bird so much famed in Historic, Because his stomach Iron can digest This- Motto nul qu'un was thereby Which to mee seem'd not void of Mystery, Wherefore I wish'd some scene in Heraldry Who mee the hidden secrets would unfold Of his so strange a Motto None but one, When suddenly I found my thoughts grow bold To dive into the meaning that as but one 134 SIR JOHN DIGBY Bird could Iron, but Digby could digest Such Iron-dangers which hym still opprest His Love to his dread Sov'raigne was so great That nothing to hym seem'd to bee so hard, Which like Waxe melted not before this heat, This Perills from his gen'rous mind debarr'd. This, this maid hym undaunted gainst his foes This did his Valour to the hight disclose. IF Upon his head a Laurell did appeare A Wreath well purchased for Victorie On his left Arme more gfrlands did hee beare Then noble Scoena Valours Prodigie But what is 't did I see on his right arme ? My fainting heart presaged some great harme. I saw him beare his right arme in a string As if hee wounded were in bloody fight, Which hee endur'd in defense of his King Opposing his Foes with all powre and might, The wound above the elbow seemed to bee Which nought amated his stout constancie ; I saw the Blood trickling downe amaine, Which purpled all his garments with its dy, It gush'd as if broken hee had some vayne Or for a skillful surgeon did I cry In vaine I call'd for too soone alas Tyme warned cruell Death to turne his glasse Have you not scene some choise flowre in its prime Parched with scorching Rayes of Titan bright 1 Hang downe its drooping head before full tyme Faire flourishing i'th morne fading ere night Then thinke this but a type of our sad case And with your teares his tomb bee pleas' d to grace, But why should I thus wish you teares to shed, " Since that his soule released from mortall shryne With divine Nectar and Ambrosia fed SIR JOHN DIGBY 135 " In Heav'ns high Globe shall like bright starre shine Then cease your mourning and vouchsafe to sing With hym Joy Carolls to Heav'ns Highest King. Sr JOHN DIGBY HIS SOULE BY ANGELS CARRIED TO HEAVEN When I one night gazed upon the skie Inly lamenting Sr John Digbies Fate I seem'd from the Westerne Coasts to espie A starre shoot towards Heav'n which did-abate My weake ey-sight with its lustre cleare And light some made all things nere hand appeare f As I stood wondering what this might imply Mee thought I heard this Voice sound in myne eares, The starre which thoe beheld, doth signifie The Soule of Digby mounted bove the spheares There to receave guerdon of his paine Which for his God and King hee did sustaine At which voyce joy'd I cast againe my sight Towards the Heav'ns which ore Bridge-water lies When suddenly appear 'd a wondrous light Which did illustrate all the bordring skies In midst whereof I saw a Beauty rare, Wherewith no Worldly Beauty can compare. A Damzell faire accoutred all in white Yet this her garment sprinkled was with blood Which Rubie-like had embroder'd it quite And enlightned the place wherein shee stood, Then from Heaven two Angels did descend This beauteous Bride to her spouse to attend On each side these heavenly ushers guard This spotlesse Virgen towards Heav'ns high Court f To reape of her pure life condigne reward And with the Saints and Angells to consort Ascend my thoughts and see her crown'd wth Blisse Where still in the spring Joy unfading is. Sr JOHN DIGBY HIS SOULE CROWNED IN HEAVEN WITH A GlRLAND COMPOSED OF HIS RARE VIRTUES Most Poets to their help their Muses call, That unto them assisting they would bee When they some Heros in Verse would install And raise a tomb t' his lasting Memory But I no muse, but Digbies genius will Call to vouchsafe to guide my Novice quill Come then, o thou blest Genius and inspire My Love-incensed mynd his Worth to sing That I may warme mee at his flaming fire Of Love and Loyalty to God and 's King Open mee the Garden of his pure Soule Fol. 68 D To call his Vertues flowres without controule. Then help mee to compasse a Girland faire, Wherewith crowne I will his Conquerours Brow, And though unskillfull yet I will prepare The Matter, where better Poets may show Their polished art and well experienc'd Pen, In painting forth his Picture for brave men. Forthwith into a Garden was I brought Most strongely walled and with five dores kept Still locked that no salvage beast or ought Might enter, the Allies weeded and swept The Hedges and the Borders cut, no tree But well proyn'd and order'd could I see In midst hereof there stood a fountaine deep Whose waters were as any crystall cleare Which sprinkled on the flowres them still did keep In their first prime and made them fresh appeare 138 SIR JOHN DIGBY This Garden seem'd a type of Edens Bowres Which garnished was with choisest trees & flowres Fol. 69 1 There you might see the azure Violet Hung downe its humble head & there hard by. The white & purple gilliflowre were set The red and white Rose grew unto them nigh, All which breath' d forth so sweet a fragrancy That in them I admir'd Gods Majestic Here first I cropt the humble Violet, The White Gilliflowre of s Innocency, The red of Charity which shall bee set Next to his white Rose of Purity The red Rose blushing in its scarlet dy Breath'd Love unto his King and Country These five sweet flowres ranked in order fit And ty'd with the crimsen-silke of Gods Love And of his Neighbours in a Chaplet knit Shall crowne his Temples in that happie Grove Where with the blest Angels hee sings his part And praiseth his God with an humble Heart. FINIS. f AN EPITAPH Fol.69D UPON THAT VERTUOUS AND HEROICALL KNIGHT SO WELL DESERVING OF HIS KlNG AND COUNTRY Sr JOHN DIGBY Stay gentle Reader and vouchsafe to cast An ey on hym with whome this tomb is grac'd And if thou faine would'st know whose grave it is Brave Digbies genius tells thee it is his ; Hee was a man justly by all admir'd Whose Vertuous frendship best men still desir'd Mild, grave and gentle was hee in his port And humbly with all mankind did consort Pious hee liv'd still to Gods will resign'd His life and manners Heav'ns just Laws confined Meeke in his suffring, patient in his paine Grace taught hym malice gainst foes to refraine In brief hee was a man whose noble Parts Wrested respect and honour from foes Hearts His f rends hee left Example how to trayne Fol. 70 Their Lives in Vertues love Heaven to gaine. A POSY FRAMED OF THE NEVER FADING FLOWRES OF VALOUR THE EARLE OF CARNAVUAN, Sr JOHN DIGBY Sr JOHN SMITH, Sr HENRY GAGE Sr JOHN BEAUMONT, COLONELL MORGAN COL : MARKLAM & EVERS Some Skilfull gard'ner planting choisest flowres Which cast their fragnant sent on verdant bowres Where Titans rising rayes with guilded Beames Powres on their short hVd Beauty quickning streames : When hee observeth they are in full prime Hee crops the fairest and watching his tyme Them in a nose-gay tenders to his Lord WTho to them kind acceptance doth afford Fol. 70 D 1 This Garden in Christ Church, the Gard'ner is Jesus himself, each soule a faire fllowre is Bedew'd with Christ owne blood and doth admit The bright Rayes of his Grace which nourish it. Christ daily walking in this Gardens pulls Now one sweet flowre, now an other culls Witnesse Carnavuan Digby, Smith and Gage Beaumont, Evers, Morgan, Markham, who wage Warre for their King, and nobly dying live Never to dy and us Example give To combat gainst our ghastly foes till death. And never yield although wee loose our Breath The eight faire flowres Christ pleas'd to gather And in a Posy present his Father Who cherishing them for his sweet sonne's sake, Vouchsafeth them into his hands to take A POSY 141 And gladly showes them to his Heav'nly quire Who their bright shining beauty doe admire With whome they joyne in Consort & shall sing Fol. 71 Alleluia to God their Lord and King. FINIS. Gentle Reader Give mee leave here to joyne in my Praises with Sr John Digby those two gallant Worthyes Sr John Smith and Colonell Morgan, who with hym on Earth were straitly linked with the golden chay ne of entire Loue and frendship indissoluble even by Death it self and are now, as wee hope joyned in Heaven among that happie Society in end lesse glory, never to part. 10 AN ENCOMIUM OF THAT BRAVE CHAMPION OF HIS KlNG CHARLES AND NOBLE RESCUER OF HIS STANDARD ROYALL AT EDGE-HILL Sr JOHN SMITH When all alone I musing stood Mee thought I saw a Warlike Knight Fol. 71 D U Whose Armour embrew'd was with blood, Which hee had shed in cruell fight Hee seem'd a second Mars in Field And to his King prov'd a shield His visage was both sterrie and mild Sterne to his foes, mild to his frend His manly face nicenesse exil'd Er'n Foes his noble Worth commend By's Vertue from frends, love hee gain'd By's Valours courb Foes hee restrain'd Willing to know who this might bee Who of his Valour trophies rear'd ' My thoughts sharply seem'd to check me Not knowing who to mee appear'd This is brave Sr John Smith say they Who hath for Valour wonne the day Hee pawn'd his Life for Charles his King At Alsford in that bloody fight England shall still his Prowesse ring Fol. 72 1f And blazon forth his Valours might His Vertues shall registred lie In Gods eternall Memory. AN EPITAPH UPON THAT GALLANT MARTIALL KNIGHT Sr JOHN SMITH Here lies entombed, Reader in this Grave True matchlesse Valour, Honour Vertue grave His Name was Smith, who for his King fighting Unto his foes seem'd a flash of Lighting Whereat enraged Mars with deadly ire To his hellish Engine presenteth fire Which swiftly cutting th' ayre with fiery wing Kills brave Smith stout Champion of his King '' Whose happie soule franchiz'd from mortal shrine " In Heav'ns high Globe like a bright starre shall shine. FINIS. Foi. 72 D f AN ELEGIE UPON THE UNTIMELY THOUGH HAPPIE DEATH OF THAT RENOWNED AND VERTUOUS GENTLEMAN COLONELL THOMAS MORGAN SLAYNE IN DEFENSE OF HIS SACRED MAtie KlNG CHARLES IN THE FIRST BATTAILE AT NEWBURY Since Morgans Vertne, Modestie, Renowne His Learning, mildlenesse, Honour weare the Crowne His prudence, Wisdome, Justice win Heav'ns goale Why should his Frends with teares his Death condole ? His Death to his pure soule a Passage is To bee partaker of eternall Blisse Among the quires of Saints hee sings his Part Praising his God with a devoted Heart Hee pray's for frends to whome on earth his Love Was bounded with Gods Will, in Heav'n above Tenders their finall good expecting when Fol. 73 f Hee there shall meet them nere to part agen His Barke hath past secure these wordly seas. And in Heav'ns Harbour rides at quiet ease But we alas are tost on boist'rous waves Which poast us day & night unto our Graves Yet if true glory bee the onely scope Of all our Actions wee may firmely hope At length to anchore in that happie Port Where none but chosen Vessells doe resort Such as brave Morgan was ah let us then Hoise saile for Heaven with such gallant men AN E LEG IE 145 And since our frend chaulkes forth the milky way To Heav'ns White-hall why doe we fondly stay From poasting after with a speedy wing Where all true Joyes flourish in their spring. FINIS. 146 SIR HENRY GAGE Fol. 73 D f I will adde a fourth to these three gallant comaunders to wit Sr Henry Gage famous for the relief of Basing the Mansion- House of the right Honble the Marquis of Winchester. Where Vertue lodgeth it doth often prove In Iron-breasts the true Load-stone of Love When Wisdome meeteth with a gentile mind It doth endeare that subject to mankind If Valour in some Worthy makes demurre To blazon forth his Praises all concurre Doth Prudence lustre joyne to noble deeds Of brave achievements hee reaps worthy meeds Where Learning doth set of a high-borne Race Th'one the other embellishing doth grace But when true Goodnesse guildeth other Parts Deservedly it ravisheth Mens Hearts If one of these singly imparts such praise Gage grac'd with all well may weare the Bais. FINIS. INDEX Alresford, 142. Aldbourn, (Auborne), Hills, 88. Andrews, Sir William, 99. Arundell, Earl of, 74, 80. Aquisgrane, (Aachen), 81. Ashley Folville, 75. Aylesbury, 91, 106. B Barnet, 102. Bartlett, Colonel, 97, 98, 99, 100. Beaumont, Sir John, 140. Bedford, 90. Bohemia, Elizabeth, Queen of, 80. Bridgewater, in, 112, 114, 132, 136. Brookbanke, Sergeant Major, 86, 95- Broughton. 100, 101. Butler, Colonel, 104. Carington, Lord, 75. Carnarvon, Earl of, 89, no, 140. Carlisle, 98. Charles I, 63, 69, 71, 89, 114, 119, 142, 144. Chester, 109. Christchurch, 107. Clarendon's rebellion, 63. Cologne, 80, 81. Cromwell, Oliver, no. D Devizes (the Vize), 84. Digby, Lady, 70, 90, 98, 106, 115, 125. Digby, George, 64, 123. Digby, Sir John, of Mansfield Woodhouse, 63. Digby, Sir John, 63, 64, 67, 69, 70, 72, 76, 77/79, 81, 85-86, 87, 89, 94, 95, 96, 97, 99, 100, 101, 102, 104, 105, 108, 109, no, 113, 115,123,126, 127,129,130,131, i33, I34>i36, 137, i39> 141, 142- Digby, Sir Kenelme, 63, 65, 67, 82, 89, 123. Dives, Sir Lewys, 90. Donnington, (Dennington), 105. Douglasse, Sir Archibald, 78, Dunstable, 102. Durham, 76. E Easton, 92, 93. Edge-hill, 73, 81, 84, 87, 142. Essex, Earl of, 86, 88, 100, 104, 105. Evers, Colonel, 140. 148 INDEX Fairfax, Sir Thomas, 112. Faringdon, no. Farmer, (Fermor) Lady, 92. Florence, 71. Gage, Sir Henry, 63, 65, 121, 140, 146. Gage, Sir John, 121, Genoa, 71. Glemham, Sir Thos., 98. Gloucester, 86, 88. Gloucester, Duke of, 63, 64. Goring, Lord, 107, 109, no, ni, 112, 114. Grafton, 86, 91, 92, 93, 98, 106. Greenfields,(Grenvile),Sir Richard, 109. H Haslerig, Sir Arthur, 85. Heyford, (Heford), 90. Highgate, 102. Howard, Sir William, 74. J Jermin, Lord, 88. Lamport, no, in, 132. Langdale, Sir Marmaduke, 106. Lathbury, 84, 99, 101. Lindsey, Earl of, 73. London, Maiden-Lane in, 101, 103. — , Fleet prison in, 102. Lostwithiel (Lishthiell), 104. Markham, Colonel, 140. Maurice, Prince, 86. Morgan, Colonel, 83, 84, 87, 88, 86, 140, 141, 144. N Newbury, 89, 90, 105, 144. Newburn, 67, 76, 78, 80, 115, 117. Newbridge, no. Newcastle on Tyne, 75, 76, 77, 97, 117. Newport Pagnell, 75, 83, 90, 91, 92, 94, 98, 99, 100, 101, 106. Northampton, 82, 91. Northumberland, Earl of, 75. Ouborne, see Woburn. Oxford, 82, 105, 109. Peddington Bridge, 87. Pennington, Isaac, 101. Portland, Earl of, 72. Reading, 88. Richardson, John, 76. Roundway Down, 84. Rupert, Prince, 86, 87, 88, 90, 91, 94, 99. St. Albans, 86, 100. Shelton, 73. INDEX 149 Skippon, Major- General, 90, 91, 92, 93, 94, 95, 96, 98, 99, 100, 101, 112. Smith, Sir John, 63, 65, 75, 121, 140, 141, 142, 143. South Petherton, no. Stapleton, 78. Stradling, Sir Henry, 98. Stratford, Earl of, 79. Strickland, 76. Suckling, Sir John, 73. Swanbourne (Bucks), 106. Taunton, 109, 114, 131. Tirringham, (Twingham), 75. Towcester, (Tocesetr), 91, 92, 93, 97- Twell, (sic) Colonel, 98. Twingham, (Tirringham), Sir Tho- mas, 75. — William, 75. Venice, 71, 72, W Waller, Sir William, 83, 104, 109, 128, 131. Wake, Sir John, 95. Walshingham, Edward, 63, 65. Wellingboro, 81. Wilmot, Commissary-General, 76. Winchester, Marquis of, 144. Woburn, (Ouborne), 101, 102. Worcester, 98. ITER BELLICOSUM 1685 ITER BELLICOSUM ADAM WHEELER HIS ACCOUNT OF 1685 EDITED FOR THE ROYAL HISTORICAL SOCIETY BY HENRY ELLIOT MALDEN, M.A. HON. FELLOW OF TRINITY HALL CAMBRIDGE VICE-PRESIDENT AND HONORARY SECRETARY OF THE ROYAL HISTORICAL SOCIETY CAMDEN MISCELLANY VOL. XII LONDON OFFICES OF THE SOCIETY 6 & 7 SOUTH SQUARE GRAY'S INN IQIO PREFACE This MS., called on the outside " Adam Wheeler, His Account of 1685, " was found in Corhampton House, Bishop's Waltham, Hampshire, by Mr. A. R. Maiden of Salisbury, M.A., Trinity Hall, Cambridge. It has been put into the hands of the Society by the kindness of the owner, Mrs. Campbell- Wyndham- Long. The history of the writer has not been recovered. Adam Wheeler occurs in the rate-book of St. Edmund's parish, Salisbury, in 1661, but is more likely to be this Adam's father than himself. He was a man of some education, who not only could write and spell but could quote Virgil, Sic vos non vobis, and could compose two very indifferent Latin elegiac couplets. Very possibly when not drummer to the Wilts Militia he was a Schoolmaster. He seems to have been rather specially attached to Colonel Wyndham, for whom no doubt he wrote the account. This was John Wyndham, of Norrington, M.P. for Salisbury in 1681 and 1685, father to Thomas, created Lord Wyndham, Chief Justice of the Common Pleas. His direct male line is extinct, but he was a relative of the owner of tlje MS. Evidently Wheeler put down some matters as they occurred ; for instance his enumeration of the prisoners marched by his regiment was made then and there upon the top of his drum. The account was written up generally after the campaign. The dates are wrong at the beginning. He starts on Wednesday, June 16th, but June 16th in 1685 was a Tuesday. His days of the week are 156 PREFACE more likely to be right than his days of the month. On .what he calls Saturday June 19th, really the 20th I believe, the regiment marched from Salisbury to Wilton. They left Wilton in the afternoon of what he calls Sunday the 20th. He does not mention going to church in Wilton, probably they did ; at any rate he would know that it was Sunday morning when they were there. We may take it therefore that the Regiment was first called together on Wednesday June 17th. On the previous Monday the Lord Lieutenant, the Earl of Pembroke, had come to Salisbury, for the Churchwardens' account of St. Thomas' shew 6/- for ringing the bells for his arrival. Two days later is full short time for .his forces to be mobilised. On the day when they assembled Mon- mouth, who had landed at Lyme on the llth, was at Ilminster. On Saturday June 20th when they marched to Wilton, Monmouth was at Taunton. The dates are wrong by a day till they came to Frome on what he calls the 29th ; then 30 appears in the margin, and on Wednesday July 1st they march from Frome to Shepton Mallet, the dates henceforth being correct. The general reasons for the marches appear fairly clear, if we consider the movements of the enemy. On the afternoon of .. June 21st and on June 22nd, they made long marches from Wilton to Market Lavington, thence to Devizes and Chippenham. On the 23rd they went to Bath. Monmouth in these days was marching from Taunton to Bridge water, Glastonbury and Shepton Mallet, evidently aiming at Bristol, or at least a passage of the Avon. Churchill had only a few regulars yet on the spot ; and the Militia, though not highly trusted, might be necessary for want of better troops. On the 24th Monmouth was at Pensford, and the Militia marched to Bradford. Circumstances had altered. Fever- sham was at Bath on the 24th, some cavalry had been pushed on to Bristol, and the main force of the regulars was closing up. They concentrated about Bath on the 26th. There was some idea in Monmouth's army of a dash into Wiltshire as an alternative to attacking Bristol, and at Bradford the Wilts Militia guarded their own frontier, and the Royal Artillery which was still at PREFACE 157 Devizes. l On the night of the 24th-25th there was u an alarum. " There was no enemy ; but between Wheeler's lines I think we may read that the regiment ran away in the dark. By reason of u the alarum " they did not unite into a body till they came to Trowbridge the next day. On the 26th the Earl of Pembroke made a dash on Frome with some of his Militia, not Wheeler himself, and came back with prisoners and scythes set on poles, murderous weapons of which the drummer disapproved. On the 27th Monmouth beat off an attack under the Duke of Grafton at Philip's Norton. The Wilts Militia were drawn up with other troops in support, in case the rebels should attack in turn. Monmouth however retreated, and the whole royalist force followed slowly. The Militia were not actually under fire at Sedgemoor. They seem to have turned out at *' the alarum " more promptly and steadily than the Bradford experience might have shown to be probable, and were complimented on their smartness. They were well commanded, and not allowed to break their ranks for plunder after the battle. The prisoners were led by them to Weston Zoyland Church, and were counted and described by Wheeler. He says 228 in all, but he really counted 238. The Parish register of Weston Zoyland gives another estimate of prisoners and of losses. No doubt some prisoners were brought to the church another way. This account is as follows : — u An account of the fight that was in Langmoor. a The ingagement began between one and two of the clock in the morning. It was continued near one hour and a half. Their was killed upon the spot of the King's souldiers sixteen, and five of them buried in the church- yard, and they all had Christian Buriall. One hundred or more of the King's souldiers wounded, of which wounds many died ; of which we have no certain account. Their was killed of the rebels upon the spot about 300 ; hanged with us 22, of which 4 1 See Lord Wolseley's Life of Marlborough, vol. i, Ch. 37. But the reader must observe that Lord Wolseley's dates are as muddled as Wheeler's. 1 The battle was on Langmoor, not on Sedgemoor properly so called. 158 PREFACE weare hanged in gemmaces. About 500 prisoners brought into our church ; of which there was 79 wounded, and 5 of them died of their wounds in our church. " Feversham writing to Sunderland, directly after the battle, says that he lost not 50 killed and about 200 wounded. 1 Of Officers and men 208 survivors were compensated for wounds in the campaign. * The Wilts Militia lost two men in the campaign, by accidents. The bells of St. Thomas' Salisbury were rung, at a cost of five shillings, u when Colonel Wyndham came home from the Army, " and no doubt Wheeler shared his triumph. H. £. M. 1 Hist., MSS. Comm., Ninth Report, p. 21. 2 Col. M cKinnon, Origin and services of the Coldstream Guards. An0 j° Jacob! Scdi, R9. ITER BELLICOSUM OR A PERFECT RELATION OF THE HEROICK MARCH OF HIS MATies TRUELY LOYALL SUBJECT AND MAGNANIMOUS SOULDIER COLONELL JOHN WINDHAM ESQRE. WITH HIS REGIMENT OF FOOTE INTO THE WESTERN PARTS OF ENGLAND FOR THE SUPPRESSING OF JAMES SCOT AND HIS ACCOMPLICES IN THEIRE REBELLIOUS INSURRECTION. TOGETHER WITH SOME REMARKABLE OCCUR- RENCES HAPPENING IN THAT EXPEDITION. Faithfully set clown by Adam Wheeler one of the Drums of his Honors, owne Coiypany. An0 Chrsli 1685. Being Wednesday l I was summoned by a Comand from his 1685. Honor to appeare in the Market-Place of New Sarm in the June 16. County of Wilts by eight of the Clocke in the Morning in his Regiment compleatly armed according to my place as a Drum. Where the Regiment being drawne together was dischardged till the next Morning. When againe met, being the Seventeenth day. They were dischardged untill Fryday the eighteenth of June ; and ye nineteenth being Saturday ; 2 The Regiment was exactly com- 1 June i6th was Tuesday. 1 Saturday was June 2oth. ^t™ ^ & ..«««=? VI I I 160 ITERBELLICOSUM pleated by his Honor and accomodated fitt for Warre according to Military Discipline, and that day by his Comand, about sixe of the clock in the Evening, the Drums beating and the Colours displayed, leaveing the Citty wee directed oure March to Wilton, beinge about Two Miles distant and Quartered there that night; where his Honor ordered his Carridge and Amunicon to be brought to him. June 20. The next day being Sunday l on wch day in the Afternoone leaveing the Towne of Wilkton (sic), we continewed oure March to Market Lavington. June 21. Early the next morning his Honor marched to the Devizes, and there refreshed his Regim* for the Weary and hard Afternoones March they sustained the day before. In the Afternoone by Beate of Drum the Regim* marched as farre as Chippenham and June the 22, being Tuesday, 2 They marched from Chippenham to the Citty of Bath, where They Quartered that night. June 23. The Regim1 leaveing the Citty of Bath went as farre as Brad- forde. That Night being very darke there was an Alarum. By reason of which the Regim1 could not unite into a Body till * They came to Trowbridge, wch was June 24. Where, for the better security of His Honor8 Carridge, I desired some assistance being Resolued to hazzard my Life by Ball or Sword, rather than looss any part thereof here the whole Regim* lay. June 25. The Rt. Honrble the Ld Lieuten1 Earle of Pembrook gave Comand for some of the Regim1 and some of the Militia Horse to goe wth him to Froome, Where he forced the Rebells to lay downe theire Armes, and brought away with him the Constable of that Towne to Trowbridge who proclaymed the Duke of Monmouth King, and severall cruell and New invented murthering Weapons as Sithes and ye like. 1 Probably Sunday June 2ist. 1 Tuesday was June 23rd. ITER BELLICOSUM 161 Here There was One of the Colonells Regim1 belonging to Lieuten1 Colon11 Yong accidentaly hurt by dischardgeing a Mus- quett which rent his hand in peeces, and soe became the Occasion of his Death, for he liued not many daies after. We continued our march from Trowbridge to Kingsdowne, June 26. where divers other Regimts met here his Honors Regim1 was by his Grace the Duke of Graf ton and the Rth Honrble the Earle of Fever sham set in Batalia, as if presently to engage the Enemy. Thence we marched to Bath. From Bath the Regim1 was led by his Honor Col11 Windham June 27. to Trowbridge, Where They made noe stay but Marched for- wards into Bratton Lane, and there by an Alarum of the Enemies being neere caused the Regim1 to incampe in that Landsend, and the Blew Regim1 alsoe, and the yellow Hampshire Regim1 encamped in a ground neere the said Lane. The Regim1 marched into Bratton Fields, and was there drawn June 28. up, and after some small stay moved to Westbury. and thence directed its March neere to Froome ; Where his Honors Tent was erected, and wee encamped there in a certaine Ground neere the Towne. Dislodging from thence, wee marched directly into Froome; June 29. Where the Kings Mali*5 Gracious Pardon was proclaimed to all such as had taken up Armes against him, if in 8 daies They 39. would come in and accept thereof. Some Persons onely excepted, who were therein mentioned. Being Wednesday ! his Honors Regim1 tooke theire March to July 1. Shepton Mallet ; Here not farre from the Towne, a Ground was shewne which lay within Prospect, where Monmouth and his Army was drawne up and exercised. * 1 Correct date. 2 Monmouth was that day retreating to Wells. It means where his army had been drawn up, not that it was then there. But the armies had come very close together on July I, 2, and if Churchill had been in command Sedgemoor would have been anticipated by four days. 162 ITER BELLI COSUM July 2. Being Thursday we marched from Shepton Mallet to Glasten- bury, and from thence wee removed and went towards Sumerton. In which March wee had the sight of Kings Sedgemoore being about One Mile distant from us ; And here Wee received a Comand to Returne and March back to Charleton. July 4. From whence wee Marched to Kings Sedgemoore, marching Eight Miles in the Moore soe far re as Middlesey; Where being Alarumed; July 6. The Rh* Honorble The Earle of Pembrooke Lord Lieuten1 in great hast came rideing to the house where his Honor Colon" Windham was quartered, it being betweene Twelve and One, of the Clock in the Mornening, calling out Colon1 Windham Colon11 Windham the Enemy is Engadged, and askeinge for his Drums ; The Colon118 answer was that he was ready, and soe forthwith prepared himselfe. There being then noe Drum in the house but Adam Wheeler, who opened the doore and answered his Lorsh1' that he was ready to obey his Comand ; Soe his Lorp immediately cofnanded him to beate an Alarum, woh he presently performed. (Although some of the Regim1 did endeavor to have the Credite of that peece of Service ascribed to Themselves ; One saying it was I that did first beate the Alarme ; Another in like manner saying the same, soe that Wheeler may iustly complaine as the Poet Virgil did concerneing his, Sic vos non vobis, and somewhat after The same manner as he spoke, superscribe, Hos Ego Versi- culos feci tulit alter honores.) When the Alarum was beaten by Adam Wheeler in Middlesey according to the Lord Lieuten18 Comand ; The Regim1 marched through Weston into Weston Moore with as much expedicon as possible could be, where They were drawne up Three deep in order to engadge if Occasion required. The Aforesaid Sixth of July, the Fight began very early in the morneing which Battell was over within the space of Two Howers, and the Enemy received a totall Rowte. Here Adam Wheeler (being then at his Post) was one of those ITERBELLICOSUM 163 of the Right Wing of his honor Colon11 Windham's Regim1 who after the Enemy began to run desired Leave of his Honor to get such Pillage in the feild as they could finde ; But his Hono" Answer and Comand was ; That uppon Paine of Death not a Man of his Regim* should move from his Post saying ; That if the Enemy should rally together againe, and the Regim1 be in disorder, every man of them might loose- his Life. The Battell being over the Right Honorble the Earle of Feversham, Generall of his Maties Army, came to the Head of Collon118 Wind- hams Regim1 and gave him many Thanks for his readynesse, Saying, his Matie should not hear of it by Letter, but by Word of Mouth ; and that he would certfy the Kinge himself of it. An Account of the Prisoners that were brought along by the Right Wing of his Honor Colon11 Windhams Regim1 to Weston Church as they were tyed together : Adam Wheeler writeing them downe on his Drumhead as they passed by. The first Number was Fifty and five, most of them tyed to- gether. The Second Number was thirty and two tyed in like manner. The Third was Two wounded in theire Legs, crawling uppon the Ground on theire Hands and Knees to Weston Church. The Fowerth was Thirty seven in number, many of them tyed and pinnackled together. The Fifth was One alone being naked, onely his Drawers on. The Sixth was One Single one more. The Seventh was One more running, being forced along by Two Horse Men with Blowes, and rideing close after him. The Eighth Number was Fowerteene most of them being tyed together. The Nineth was Forty Seven most of them tyed as the former, such of Them as had a good Coate or any thinge worth the Pilling, were very fairely stript of it. The Tenth Number was Eight tyed by Two together Arme to Arme. The Eleventh was, Twelve tyed and pinnackled. 164 ITERBELLICOSUM The Twelfth was Seventeene tyed and pinnackled as the former. The Thirteenth One more. The Fowerteenth in Number were Seven more. The Fifteenth, One more. The Sixteenth, One more. The Seventeenth was One more, Hee was very remarkeable and to be admired, for being shot thorow the shoulder and wounded in the Belly ; Hee lay on his Backe in the Sun stript naked, for the space of Tenne or Eleven Howers, in that scorching hot day to the Admiration of all the Spectatours ; And as he lay, a greate Crowde of Souldiers came about him, and reproached him, calling him, Thou Monmouth Dog How long have you beene with youre Kinge Monmouth ? His answer was, that if he had Breath, he would tell them : Afterwards he was pittyed, and they opened round about him, and gave him more Liberty of the Aire, and there was One Souldier that gave him a paire of Drawers to cover his Naked- nesse : Afterwards haveing a long Stick in his hand he walked feably to Weston Church, where he died that Night, and two wounded men more. The Number of the Prisoners that were led by the Right Wing of his Hono" Regiment did amount to 228. l The Country men that gathered up the Dead slayne in this Battell gave an Account of the Minister and Church Wardens of Weston of the Number of One Thousand Three hundred Eighty and Fower ; Besides many more they did beleeve lay dead unfound ' in the Corne. Where Adam Wheeler saw of dead Men lying in One Heape One Hundred Seventy and Fower ; which those that were digging a Pit to lay them in gave the Number of. * From Weston Moore the Regim* marched to Weston, and thence to Middlesey, and from Middlesey againe to Weston, and thence to Weston Moore : Where a Dutch Gunner, and a Yellow- 1 The total is in fact 238 1 There used to be a mound, now levelled, near what had been the left wing of Monmouth's army, where the men were buried. ITERBELLICOSUM 165 t coate Souldier that ran out of his Matie5 Army to Monmouth were hanged on a Tree in Weston Moore not farre from the Church. This Day Adam Wheeler went into the Campe and tooke an Account as neere as hee could of his Matie5 Carridges and Great Guns where were neere One Hundred and forty of them : Of these there were nineteene Guns some haveing sixe Horses. Some seven, and some eight Horses a peece to draw them. Here his Honor Coll1 Windham received Orders to Guard his Matie8 Guns and Carridges with his Regim1 : from Weston Moore to the Devizes, it being a peece of service of noe small Trust and Credite, and soe much his Honor was pleasd to informe his Souldiers of. This Afternoone an Accident fell out to be lamented : One of His Honors owne Souldiers, being in Exercise, and quitting his Armes, A musquett went off as it lay on the Ground, and shot him thorow both of his legs, soe he died in a short time after. From the Camp in Weston Moore his Honor Coll1 Windham marched with his Regim1 to Glastenbury : Heere at the signe of the White Hart a Duell was fought betweene Captaine Love and Major Talbot. The Major fell, and Captain Love fled for it. Heare alsoe were sixe men of the Prisoners that were taken hanged on the Signe Post of that Inne, who after as They hung were stripped naked, and soe left hanging there all night. Here Alsoe at this towne of Glastenbury there was an Alarm, where uppon the Regimt was comanded to the Abby Cloyster. His Hono" Regim1 Marched from Glastenbury (where those sixe men were left hanging on the Signe- Post) to Wells ; Thence they marched to Embetch and soe to Philips Norton. The Regim1 left Philips Norton, and Marched to the Devizes (guarding his Mati68 Carriages and Guns where his Honor was dischardged of that Trust And here his Honor dischardged the juiy g Regim1 likewise, till the next Summons by Beate of Drum. 166 ITERBELLICOSUM July 9. This is the best account I can give yor Honor of that successfull March : and doe humbly beg yor Honors pardon for this Presump- tion, and with leave subscribe my selfe Sir, Yor Honors most dutifull Drum, and most humble and Obedient Servant, ADAM WHEELER. Anglorum vivat semper Prolesque Jacobi, Rex : fugiant Hostes non remorante pede. Atque diu vivat stirps Nobilis inclyta Wyndham Detque Deus pueris Gaudia Multa suis. INDEX B Bath, 154, 160, 161. Bradford, 154, 155, 160. Bratton Fields, 161. Bratton Lane, 161. Bridgewater, 154. Bristol, 155. Charleton, 162. Chippenham, 154, 160. Churchill, Lord, 154, 161, D Devizes, 154, 155, 164, 165. Embetch, 165. Feversham, Earl of, 154, 156, 161, 163. Frome, 154, 155, 160, 161. Glas ton bury, 154, 162, 165. Grafton, Duke of, 155, 161, Ilminster, 154. K Kingsdowne, 161. Langmoor, 154. Love, Capt., 165. Lyme, 154. M Market Lavington, 160. Middlesey, 162, 164. Monmouth, Duke of, 154, 160, 161, N New Sarum, 159. 12 168 INDEX Pembroke, Earl of, 154, 155, 160, 162. Philips Norton, 155, 165. Prisoners, list of, 163, 164. Salisbury, 154, 159. Sedgemoor, 162. Shepton Mallet, 154, 161, 162. Summerton, 162. Talbot, Major, 165. Taunton, 154. Trowbridge, 160. W Wells, 165. Westbury, 161. Weston Church, 163, 164. Weston Moor, 162, 164, 165. Weston Zoyland, 155, 162. Wheeler, Adam, 153, 162, 163, 165, 166. Wilton, 154, 160. Wyndham, Colonel, 153, 156, 161, 162, 163, 165. Wyndham, Lord, 153. Yong, Colonel, 161. COMMON RIGHTS AT COTTENHAM ftp STRETHAM IN CAMBRIDGESHIRE COMMON RIGHTS AT COTTENHAM & STRETHAM IN CAMBRIDGESHIRE EDITED FOR THE ROYAL HISTORICAL SOCIETY BY W. CUNNINGHAM, D.D., F.B.A. President of the Royal Historical Society and Archdeacon of Ely CAMDEN MISCELLANY VOL. XII LONDON OFFICES OF THE SOCIETY 6 & 7 SOUTH SQUARE GRAY'S INN 1910 CONTENTS COTTENHAM Pages Preface . 173 Articles of Agreement 1596 . . . . . . . . . 193 Oiders made 12 Jan. 1639 230 Extract from the decision in regard to Subtraction of tithe (1630) . 246 An account of the Tithing of cattle (1820) . . . . . 250 vSTRETHAM Extracts from a Decree in the Court of Exchequer (1607) . . 253 A coppie of an Affoedavit, 25 Maij 1609. ...... 260 Orders made for Stretham by Commissioners, 28 June 1609 . 261 Orders made for Thetford by Commissioners, 28 June 1609 . . 263 Orders made by the Leet, 29 April 1614 265 Orders made by the Court Leet, 29 April 1614 .... 267 Orders made by the Inhabitants of Stretham, 24 Feb. 1622 . . 275 Libell for Tithe of Herbage 288 Libell for Tithe Milk 289 Index . -' 291 PREFACE The papers here printed furnish materials which are of con- siderable assistance for the study of one great department of English rural life. During the Middle Ages the management of land was collective, as it was carried on by the co-operation of the lord and the various tenants within the manor. So far as tillage is concerned, we are fairly informed, as we can picture to ourselves the open fields with their intermingled strips, and know from the surveys of many manors the precise obligations in week-work and boon work which the villeins were bound to render, and the amount of free time which they had for their own holdings. But the^nformation we possess about the management of the common waste is apt to be scrappy and incidental. It must have been a matter of supreme importance in every manor, as the inhabitants were always dependent on the waste for the pasturing of the stock with which they worked their land ; and they might rely on it for building materials and fuel as well. In those districts where, from the conditions of climate and soil, cattle feeding and dairy farming were specially remunerative, the good management of the resources of the common waste must have been a far more important factor in the prosperity of a township than the tillage of the common fields. Much of the land on the south west of the fens, which lies along the valleys of the Cam and the Ouse, between Cambridge and Ely, was peculiarly adapted for pasturage and was of no use for tillage. Here the collective management of the common waste survived in a fashion, which is interesting as a matter of local history, while it is still more important as an illustration of a system which was once generally prevalent and has now died out. 174 PREFACE In modern times enclosure has been carried on by act of parliament, and the parish has generally been the unit dealt with ; but before the eighteenth century this was not usually the case. There were instances of ruthless enclosure when a whole parish was depopulated and the land used entirely as sheep-run ; ' but occasional incidents of this kind, which made a deep impression on the minds of contemporaries, such as John Ross and Sir Thomas More, can hardly be taken as typical. Throughout England generally, enclosure was a process which went on piecemeal within one parish after another, and it was a constant cause of irritation from the manner in which it interfered with customary rights. Sometimes a few contiguous strips m the common fields might be enclosed, either by the Lord, or by a tenant with his permission, to be tilled in severalty ; in such a case the ground was withdrawn from the area over which cattle pastured in winter, and was to this extent lost to the community. Besides this, the lord might encroach on the common waste by applying more and more of it for use in severalty, so that the opportunities of the tenants for pasturing their stock were seri and also the Sheep of the said Inhabitants als. Also Al- and occupiers of any lands in Westwick in respect of any Common ber°ffd as for ariY Lands in Westwick, shall go and be depastured. And that Common. it shall be lawful for the said inhabitants of or in the Town of Cottenham aforesaid, their heirs and assigns, having Tenements in Cottenham aforesaid whereunto common of or for sheep doth belong, to keep in times commonable their sheep in the said Holme, Thistly Hill, and Little North Fen, and all other places and fields in Cottenham aforesaid except in Grounds which are now several and inclosed, or that hereafter shall be inclosed by virtue of this agreement when they are inclosed, and to erect as many sheep folds as they, or any of them, shall think good, at any time hereafter, within the arable fields of Cottenham, aforesaid. ARTICLE XI Also it is agreed, as aforesaid, that all the Meadow Ground in Cottenham, called Alborowe, shall be fed and lie Common for ever, according as is herein mentioned. And, also that one other piece of Ground or Leys, lying between the said field, called Dunstall Field, and the said close, called Kit's Bush Close, shall lie Common for ever. And also, it is agreed, as aforesaid, that the said WTilliam COTTENHAM AND STRETHAM 203 Hinde, his Heirs, Farmers, and Assigns, shall not at any time hereafter feed or keep or cause to be fed or kept upon the Meadow, called Alborowe, or upon any such grounds as are or shall be appointed by virtue of or according to the true meaning of any article herein mentioned, for the pasture of the herds of Milch Kine or Bullocks within the limits and bounds of Cottenham aforesaid, without his Pastures Inclosed, above the number of fifteen milch kine, at any time hereafter, in the right of the scite of the Manor of Crowlands ; nor above the number of fifteen milch kine for his scite of the Manor of Lyles, nor for the scite of his moiety of the Manor of Sames, above six milch kine, and those milch kine to be kept and fed at such times and in such places as the milch kine of most part of the inhabitants of Cottenham aforesaid shall be depastured and kept in Cottenham aforesaid and not otherwise. ARTICLE XII Also it is agreed, as aforesaid, that neither the said William No Cattle to Hinde, his Heirs nor assigns, nor the Master, Fellows and Scholars toe of Christ College in Cambridge, nor their successors nor their Adjistment. assigns, nor their nor any of their Tenants or Farmers, shall take any manner of cattle to be depastured and fed as by way of joistment or hiring in or upon any grounds within the bounds and limits of Cottenham aforesaid without their several pastures now inclosed, or which by any Article herein mentioned and be agreed to be inclosed by virtue of this agreement. ARTICLE XIII And it is also agreed, as aforesaid, that the said William Hinde, Holme his Heirs and Assigns, nor any of them, shall not inclose or fence in, to keep in severalty, at any time hereafter, any other grounds, Twenty within the bounds or limits of Cottenham than is already inclosed, save only that it shall be lawful for the said William Hinde, his Heirs and Assigns, to inclose twenty acres more than is already 204 COMMON RIGHTS AT inclosed, whereof the Leys of his own, abutting on the way leading over the Holme-bridge and upon the Holme corner, shall be part, and the rest shall be likewise of land of his own, or of such as he can purchase adjoining to the said Leys. ARTICLE XIV No Houses And also it is agreed, as aforesaid, that no Houses, Hovels, Sheds, upon the or other like buildings, shall be made by any person or persons at Common, any time hereafter upon any part of the Common Fens or wastes already built *n Cottenham aforesaid, nor in any grounds, by these presents to be pulled meant to be had or used as or for Common, except one little cottage or shed, which may be erected hereafter for the keeper of the Fen, by the consent of the greater number of the order- makers hereafter mentioned, and that the houses already build§d by Robert Lyon, William Curde, and widow Turner, shall be pulled down before Easter term next, by the Town Officers, or their deputies, which shall have authority there by most of the order-makers hereafter mentioned. ARTICLE XV The Inhabi- Also that the said Inhabitants of Cottenham aforesaid, their the'com-1186 Heirs and Assigns, shall have all the profit and use of all the mons, which Common Fens and waste grounds and places in Cottenham morf for"1 aforesaid, which have been used for Common all the time of the sixty years year within this threescore years last past, except such as be herein best' benefit" mentioned to be kept in severalty or inclosed, and to use them to the best commodity of the said inhabitants, for ever, and in and about them to make banks and ditches as the most part of the order- makers hereafter mentioned shall think good, and to do what they or the most part of them will or shall think convenient for the bettering of the said Commons, or any part of them, according to such order as shall be made in such manner as shall be hereafter mentioned ; saving always to the said William Hinde, his Heirs COTTENHAM AND STRETHAM 205 and Assigns, his weifs, Strays, Fellons, goods, and Liberty to Hawk, Hunt and Fowl, not excluding the Inhabitants from fowling there. Provided always, that the said William Hinde, his Heirs and Assigns, for his said manor of Lyles, be not excluded from taking such benefit for his or their great Cattle there as the inhabitants shall or may do, according to the meaning of the articles herein mentioned and the orders hereupon, by, or according to these presents to be made. And, that the said William Hinde, his Heirs and Assigns, Farmers and Tenants of the said Manors of Crowlands, Lyles, and Moiety of the Manor of Sames, shall, and may keep the number of milch kine, before mentioned, in such manner and form as is before mentioned, according to the true intent and meaning of these presents. ARTICLE XVI Also, it is agreed as aforesaid, that whereas the Inhabitants of Allowances Cottenham, aforesaid, have made a Bank and a Ditch in Smithy fen and banks from the bars next unto North Fen unto the place called Stone-hill, in Smithy that they, the said inhabitants, shall have and take, twelve feet of wha't forfeit- ground there, for the ditch, and fourteen feet for the bank, for ed if not 1 . . maintained, ever ; and that the said inhabitants, their Heirs, successors and Assigns, shall, from time to time, cast, scour, maintain and keep all the fences and ditches about Smithy Fen, and also Charlode, for ever, and that all the banks and ditches in Cottenham aforesaid, which have been laid forth, made and staked by the said inhabi- tants, their heirs or assigns, or shall be by such their officers as shall be chosen, as hereafter is mentioned, shall be kept and maintained for ever in good and sufficient reparation, by those persons, their heirs and successors, to whom they be, or shall be severally limited, allotted, and appointed, to be maintained, scoured and kept; upon pain of 16d. to be forfeited and lost by those persons, their heirs, successors or assigns, to whom the said reparation shall be limited and appointed, for every pole, not sufficiently repaired. 206 COMMON RIGHTS AT ARTICLE XVII Lords may plant the banks with wood and have the profit, with the fishing and Char- lode to the town. And also it is agreed that any of the Lords in Cottenham, their heirs and assigns, and the Freeholders and Copyholders in Cotten- ham aforesaid, their heirs and assigns, may plant and set any kind of Wood or Willows, Oziers, Sallows, or other Wood upon that part or parts of the banks or ditches to him or them limited, to be repaired at his or their pleasures, and likewise that he or they which so shall plant the same, they, their heirs, and assigns, shall or may take the commodity thereof for ever. And the fishing and other profit of those parts of the ditches and banks, to them severally limited, to be repaired, and the same to use at his or their discretion as often as they or any of them shall think good and convenient, without any denial of any person or persons what- soever, having right to any Estate of Inheritance of or in any Lands or Tenements within the said town, saving that the said Inhabitants of the said Town of Cottenham, their heirs and assigns, shall have the fishing of the said Charlode for ever, to be let by them, their heirs and assigns, to bear the common charges, whereby the said Inhabitants of the said Town shall or may be, in common or together, charged. ARTICLE XVIII Officers to And further it is agreed, as aforesaid, by all the said parties to PCI these presents, for them and every of them, their and every of their heirs and assigns, that the Town Officers that shall be appointed from time to time -by the makers of orders, by virtue of this agreement, shall and may levy by way of distress or of distraining of the goods and chattels of any person or persons which shall offend or neglect the performance of any of these orders, whether they be any of the Tenants of the said William Hinde, his heirs or assigns, or of any other, or otherwise which shall be found in any place in the said parish of Cottenham COTTENHAM AND STRETHAM 207 aforesaid, all and every the amerciaments and penalties imposed, or hereafter to be imposed, upon any person or persons whatsoever, for the not repairing of the said banks and ditches wherewith they now are, or hereafter shall be charged by the judgment of the town officers for the time being, the penalties and amerciaments so taken and levied shall be bestowed and dispended upon the said banks and ditches, decayed, until they be sufficiently repaired. ARTICLE XIX And also it is agreed, as aforesaid, that Smithy Fen shall continue Kobert Ri- and remain for ever dowelled and staked according as it now lieth, J^en 'roods saving that the said Inhabitants shall have the fourteen roods to be for the that Robert Rivers had in Smithy Fen, which was laid by Sir Ch^ge for Francis Hinde, Knight, deceased, to a cottage tenement, wherein ever. the said Robert Rivers now dwelleth, in Cottenham aforesaid, belonging to the Crowlands hold ; and that those fourteen roods shall be laid and dispersed into several parcels, one parcel of two roods to every fee, where the said Robert Rivers usually had the same, upon the outside of every fee next the stake or landmark for the parcels of the said fen belonging to the Manor of Burdlaries alias Harlstones, and that the said Inhabitants of Cottenham, their heirs and assigns, shall so take and enjoy the same hereafter for ever, and bestow the profit thereupon arising upon the common charges of the said town. ARTICLE XX Also, it is agreed, as aforesaid, that the said Inhabitants of The Town Cottenham, shall have to them, their heirs and assigns, all the \Voodgrow- wood that is growing or that hereafter shall be growing in the ing in the common fens, wastes, and commonable grounds in Cottenham, to public use. bear such the common charges as before mentioned, for ever ; except, that every one, their heirs and assigns, shall or may take such of the said Wood as they or any of them have planted or 208 COMMON RIGHTS AT shall plant, upon any of the said banks in the said Fens as is before mentioned, and except all woods now growing, or that hereafter shall grow, in any of the grounds now inclosed or meant to be kept several or agreed to be inclosed hereafter by [any] of these presents. ARTICLE XXI The Inhabi- Also it is agreed, as aforesaid, that the said Inhabitants, their have the° heirs and assigns, shall, for the common use and benefit of the leavings. inhabitants, their heirs and assigns, of the said township of Cotten- ham, have for ever the use and profit of one piece of ground in Smithy fen called the Young Man's fen. And of one other piece of ground in the Holme, called the Bull Piece ; and also the profits of the parcels of the said Smithy Fen, called the leavings, not set out or divided as is aforesaid ; and also the Fishing in the Abbot's Creeke and in the new ditch in Smithy Fen, saving that yearly after Michaelmas until the feast of the Annunciation of our Lady the Virgin, the said parcel of ground shall be used still in common as the other commons and wastes have been. ARTICLE XXII The form, Also it is agreed by all the said parties to these presents, for the Order them, their heirs and assigns, that before the feast of the birth of Makers are our Lord God, next ensuing the date of these presents twenty and allowed, customary Tenants or Copyholders of the Manors or Lordships in the Town of Cottenham shall be named and published in the Church of Cottenham by the Lords of the said Manors in Cotten- ham aforesaid, their Deputies or Farmers, in manner and form following : viz : the said William Hinde, his heirs, farmers or assigns, shall name of or for the Manor of Lyles five Copyhold Tenants of the said Manor. . And, for the Manor of Crowlands, five Copyhold Tenants of the said Manor ; and, for his or their moiety of the Manor of Sames, one Tenant ; and that for the COTTENHAM AND STRETHAM 209 Manor of Burdlaries alias Harlstones, three Copyhold Tenants of the same Manor, shall be named there by the Master of Christ College in Cambridge, or the Farmers of the said Manor of Burdlaries, or his or their deputy ; and for the Manor belonging to the Rectory, three Copyhold Tenants of the same Manor shall be named by the Parson of Cottenham, for the time being, or his deputy or Farmer. And, there shall be then named by the Dean and Chapter of Ely and their successors, farmers or assigns, for the Manor of Pelhams, two Copyhold tenants of the same Manor ; and that Thomas Alcock, his heirs and assigns or farmers, for his moiety of the Manor of Sames, shall then name one Copyhold tenant of the said Manor ; and upon or in default of such nomination to be made, by any of the said lords, their farmers or assigns, the Copyholders of every the said Manors, so named as is aforesaid, or the greater number of them, shall within one week then next following, nominate and appoint so many Copyholders of every of the said Manors as is aforesaid as shall not be nominated or appointed by the said lords, their farmers, or assigns, as is aforesaid : all which customary tenants so named, or so many of them as shall be so named and will ; the Farmers of the Manor or Rectory of Cotten- ham ; the Farmers of the Manor of Crowlands, if tr^ey will ; and so many of the Freeholders of the same Town inhabiting there as will, shall on the twelfth day of January next coming, and yearly after, on every twelfth day of January, before ten o'clock in the forenoon (not being Sunday, if it shall fall upon the Sunday, then the next day following at the same time) meet in the Chapel in Cottenham aforesaid, sometime used for a school-house, and that they or the greater number of them that do so meet, shall and may make Orders and Bye- Laws, for the feeding, mowing, ditching, fishing, or other convenient usage of all the Fens, Wastes, and Commonable Grounds, in Cottenham aforesaid, and assess Pains and Penalties of or upon the breakers of the same or any of them. And that the said twenty customary tenants, so named as aforesaid, or so many of them as shall be so named to be Order Makers, in manner and form as is herein mentioned, shall so remain and 210 COMMON RIGHTS AT continue for and during their natural lives, or until they shall leave their dwelling and habitation in the said town of Cottenham, and whensoever, any of the said Copyholders, shall die or depart from his said habitation in the said town, then the lord or the owner of the said Manor, for which the said Copyholders so dying or departing as aforesaid was nominated, shall nominate before the feast of the nativity of our Lord God, next ensuing such death or departure, in his place or stead another Copyholder or customary tenant of the same Manor of or for which the party dying or departing was named, in manner and form aforesaid ; and upon default of such nomination, as aforesaid, by any the lords or their deputies, then it shall be lawful for the rest of the said Order makers, or the greater number of them which shall be nominated from time to time, to nominate or appoint so many of the Copy- holders for every of the said Manors as shall be wanting of the number or numbers aforesaid to meet and make Orders in manner and form aforesaid ; and the parties so to be nominated to do and execute all and every thing as the parties so first named did or might do according to the true meaning of these presents. ARTICLE XXIII How all the Also, it is further agreed, as aforesaid, that all the sums of Money for obtained or levied by reason of any the Pains, Penalties or For- °r ee or bankPs and°r feitures, forfeited or lost by virtue of this agreement, or by any bebwtowead order hereafter to be made by the said Order-makers, or the greater number of them, in manner and form aforesaid, except for the banks and ditches, shall be divided and paid as follows ; (that is to say), the one half of the said pains, forfeitures and amerciaments, so levied shall be paid to the lord of whom the tenement is holden whereby the person forfeiting any penalty doth claim to have or use any common there ; and, the other half shall be paid, the one half of the last mentioned to the use and profit of the said Inhabi- tants to bear the common charges of the said town of Cottenham, and the residue they the said officers may retain to the use COTTENHAM AND STRETHAM 211 and profit of the said officers, in consideration for their said pains. And it is further agreed as is aforesaid, that the Orders and All orders Bye- Laws, and Pains, so made and agreed upon by the said Ot^er^ ^ Order-makers, or the greater number of them, being not 'contrary Makers, not nor repugnant to the true intent and meaning of the parties to shaH^'in' these presents in this book expressed, shall stand and be good and force till they available and be kept until some other Order in that behalf be £y tSHike made by the said Order-makers or the greater number of them at authority, the like time assembled, whether the consents of the lords or owners of the said Manors, or any of them, or of any other tenant or owner of any lands, tenements or hereditaments in Cottenham aforesaid, their or any of their heirs, successors or assigns, be had or not ; provided always that the said Orders and Bye- Laws, nor any of them, shall not extend to the rating of the said Inhabitants to any certain number of cattle, except milch kine. And if any rate for milch kine shall be made hereafter, it shall extend to all the inhabitants in general, and not that any one person that hath right of Common for keeping milch kine, according to the true intent of these presents, shall be rated to keep more milch kine than another, saving, that it shall be lawful for the parson of the Rectory of Cottenham to keep eight kirie, above the' rate, so that he keep not above twenty kine in all, at one time. ARTICLE XXIV And it is also agreed, as aforesaid, that the said makers of Orders Orders to be shall within fifteen days after the making of the said Orders cause ^Jblished in the same to be put in writing and published in the Parish Church the Chapel of Cottenham aforesaid ; and shall at the same time that they do ^\^ days make Orders; appoint yearly twro of the Inhabitants to be Officers after made. for the town for one whole year. And that the said two Officers shall see the said Orders and Bye- Laws, so made and agreed upon, kept and performed, and, as well the said Bailiffs of the said Lords shall or may distrain for and levy the one half of the said penalties, 212 COMMON RIGHTS AT forfeitures and amerciaments due to the said lords as is aforesaid, and also that the said Officers shall or may distrain for or levy the other half of the said penalties and forfeitures, which shall be forfeited for the breach of any Article contained in this Composition or Agreement, or of any Orders or Bye- Laws, that shall be made as aforesaid, to be employed as is aforesaid. And it is further agreed, as aforesaid, that as well the said Officers as also the said Bailiffs of the said Lords, for their portion, shall and may distrain the beasts or goods of him that doth refuse or delay to pay the same amerciaments or pains forfeited by him, wheresoever they be found in Cottenham aforesaid, so they be distrained for within one year after they be forfeited, and not otherwise, and impound the same distress or distresses until the money be paid for which they were distrained and sell the same distress if the money be not paid within five days after such distress impounded. And that the said Officers shall make a true and just account of their receipt of all and every the penalties, forfeitures and amerciaments that they shall so receive or levy, unto the Order-makers, or the greater number of them, at the time, place and day of their next meeting *• for making of Orders, and that the said Officers shall yearly within eight and twenty days, next after their accounts to the said Order- makers made and determined, pay all such sums of money as shall be then remaining in their hands, that is to say, so much as is due to the inhabitants shall be paid by them to the Town Officers, newly chosen, for the next year following, upon pain to forfeit double so much money in the name of a penalty, as shall then remain in their hands unpaid, the last mentioned penalty to be employed to bear the common charges of the said inhabitants. • ARTICLE XXV No Laws to Also it is agreed, as aforesaid, by and between the said parties any'onhe1 to tnese presents, and every of them, for them their heirs and Lord's assigns, do grant and agree to and with either of them their heirs and assigns, that neither the said William Hinde, nor any of his COTTENHAM AND STRETHAM 213 heirs, executors administrators or assigns, nor any other lords, lord or owner of any other Manor in Cottenham aforesaid, or any'their jurors, homage or tenants, or suitors of or to any Court or Courts of any of the said Manors in Cottenham aforesaid, shall make or suffer to be made in any Court or Courts of the said Manors or of any of them any Order or Bye-Laws touching or concerning any Order or Article herein mentioned, or touching or concerning any Order or Bye- Law, according to the true meaning of these presents to be made by the said Order-makers, in manner and form aforementioned, nor shall distrain for or levy any fines, but shall, if they will, from time to time ratify and confirm in their courts all or any of the said Orders so made or to be made by the said Order-makers as is aforesaid, and the said lords shall not distrain for nor levy any fines, pains or amerciaments touching anything of or for or concerning the which any pains or amerciaments shall or may be assessed or levied by the true meaning of these presents, other than for such as his or their moieties as is aforesaid. ARTICLE XXVI And also it is agreed, as aforesaid, that no person or persons What Per- shall use or enjoy any of the Commons or Liberties of Commonage, sons are to within the bounds or limits of the said Town or places of Cotten- mous.0" ham Commonable aforesaid, for any longer time than his family be or shall be inhabiting or resident in Cottenham aforesaid, and that he keep no house in any other place than in Cottenham aforesaid ; provided always that it shall be lawful for John Russel, gent., and the said Thomas Alcock, gent., during either of their lives, to Common there with all manner of their cattle, in respect of their lands and tenements there, in such sort as the rest of the inhabitants do, or may lawfully common, although that they and their wives be not couchant there, so that their families be resident there ; neither shall any person or persons common or use any feeding or pasture in common but only for one tenement, and that for the tenement whereupon he or his family dwelleth or coucheth; 214 COMMON RIGHTS AT saving that it shall be lawful for the said Mr. William Hinde and his heirs males, not inhabiting in the said town of Cottenham, for his said Manor of Lyles, to have feed for his or their own proper great cattle in such places, and in such sort, and at such time as the said inhabitants, their heirs and assigns, shall keep and feed their great cattle ; provided always that the said William Hinde, his heirs and assigns, shall and may keep the milch kine before mentioned in manner and form as is before set down and ordered. Provided also, that if at any time hereafter the said Order-makers shall rate the inhabitants to any certain number for milch kine, that then the said William Hinde, his heirs and assigns, shall be rated and stand to keep as the other inhabitants do for his and their Manors of Lyles and Crowlands, and not otherwise, any thing in these presents to the contrary notwithstanding. Provided also, that it shall be lawful for the Parson of Cottenham aforesaid and his successors, keeping and performing the Covenants and Articles hereafter mentioned on his part and behalf to be per- formed, to have the feeding of his own proper great cattle and three score sheep, in the said Commons of Cottenham, not couching in the said town, and that at such time or times and in such places as the inhabitants shall feed their own cattle, so long as he doth keep the said Articles and covenants on his behalf, the which sheep and cattle shall be for the maintaining of the hospitality and housekeeping of the said Parson in the said parsonage of the said town and not elsewhere ; and the said Parson of Cottenham doth for him and his successors and assigns grant and agree to and with all the other parties to these presents, and every of them, their heirs and assigns, that in consideration of this grant of Commonage and of his said Inclosures that he, the said parson of Cottenham, nor his successors nor assigns, shall not demand or take hereafter any tithes which have not heretofore been usually paid, within three score years now last past, before any inclosures were made by the said Sir Francis Hinde, knight, or his assigns, within the bounds of Cottenham ; provided, that if any arable land in the common fields of Cottenham aforesaid, shall COTTENHAM AND STRETHAM 215 be sown with any seed whatsoever, that the tithe thereof shall be paid in kind. ARTICLE XXVII Also, it is agreed as aforesaid, that no person or persons shall What Cattle put any kind of cattle into any part of the Common belonging tOtheCtommwi! the said town which be not his own proper cattle, except such as by these presents are mentioned to be excepted, and also except such cattle as any person inhabiting in Cottenham aforesaid, with the allowance of the said Orders-makers or the greater number of them, shall have to draw in his cart or plough, and kine to milk for the relief of his house, and they to go in such places as the other inhabitants' milch kine and working cattle do go. ARTICLE XXVIII Also, it is agreed as aforesaid, that all the ground between Dividing Chittering Hill and the Lot ditch next Topymoor. shall be laid weanHng several and kept from all manner of cattle, yearly hereafter for Calves. ever, from the first day of March until the four and twentieth day of June, and so long after as the greater part of the Order-makers shall think meet and convenient ; and, that the same ground, yearly upon the morrow after Midsummer day, or at such time as the greater part of the Order-makers shall think meet, shall be by the Town officers or their deputies parted, divided, and allotted, evenly and indifferently, into lots and parts amongst all the said lords and inhabitants in Cottenham aforesaid having right of Common in the said town of Cottenham, to the end that every of them may mow and convert into hay or stover all their and every of their parts so to them assigned and allotted. And, that Bullocks- Harst, Dellfen, Alborowe, and all other grounds between the Close at King's-Cross-Way and Crykle Fen bank, and the ground afore- said adjoining to Marehill and Crykle Fen, which was heretofore Common and lately inclosed and now laid Common again, shall 216 COMMONRIGHTSAT be kept several from all manner of cattle from the twentieth day of February until the first day of May, yearly, for ever hereafter, except so much ground as is between the said King's Cross Close and the clay pits, to be used for the weaning of Calves and to be several as aforesaid ; and, that after the first day of May until the latter end of harvest no manner of cattle shall be fed or depastured in the said grounds and places before mentioned, except milch kine or such kine kept to be milch the next year following, and bulls, as shall be allowed by the said Order-makers or the greater number of them, except Weanling Calves in the grounds before excepted for calves ; and, that the ground called Michelleye and all the ground lying between Crykle Fen bank and the Lots ditch in Topymoor, shall be yearly laid several and kept from all manner of cattle from the twentieth day of February until the first day of May, and from thence until the first day of November, no jeest cattle shall be depastured there except oxen which do work in the plough or cart, and burlings under the age of one year, and sick bullocks. And, no sheep shall be depastured in any of the said last mentioned grounds, but only from one month before the feast of the nativity of our Lord God, yearly, unto the twentieth day of February and no longer, upon the pain of Sixpence to be forfeited for every sheep, by the owner thereof, which shall feed or depasture in any of the said last mentioned grounds, contrary to this Article. ARTICLE XXIX When, and And, it is agreed as aforesaid, that yearly upon the Sunday before whomnfhey Candlemas day, after Evening prayer being ended, or within keeper's of twenty days next before the said Sunday, two Men, or more shall tlTbeThosen be chosen or hired bY the Sreater number of Inhabitants, being and6' ° present in the Church of Cottenham aforesaid, having right of appointed. Common in the said Town and Fens, to keep the said grounds and places from cattle for and during all the times that they are to be laid and kept several in such manner and form as is before COTTENHAM AND STRETHAM 217 mentioned, which keepers or their deputies shall not surfer any cattle to go or feed in any of the said grounds or places, otherwise than is appointed by this Article or shall be appointed hereafter by the said Order-makers or by the greater number of them. And then also in like manner two other persons or more shall be chosen as aforesaid to impound all such cattle as they find feeding in any of the said grounds or places, contrary to any Article con- tained in these presents or contrary to any Order hereafter to be made by the said Order-makers or the greater number of them. And the cattle so impounded shall from time to time be redeemed out of the pound at the costs and charges of the said parties so as aforesaid chosen and hired to be the said keepers. And if in default of the said keepers or their said deputies the owners of the said cattle shall at their own charges redeem their own cattle so impounded out of the pound, then they may abate so much of the said keepers' wages as shall be paid for redeeming of the said cattle. And that every person shall yearly pay for his said lot or part, which he hath of or in the said ground lying between Chitteringhill and the Lott ditch next Topymoor, four-pence, and for every milch cow, which shall be kept or put before any of the said herdsmen of either of the milch herds, between the first day of May, and the four and twentieth day of June, one penny. The which sums of fourpence and one penny shall be employed and paid towards the payment of the said keepers' wages ; and that every person that shall not pay all the said money to such persons as shall be appointed to collect the same within ten days next after the same shall be demanded, shall lose his lot aforesaid for that year, the which lot shall be sold by the Town Officers abovementioned for the time being and the money thereof coming shall be employed toward the bearing of the common charges of the Town, and also towards the payment of the said keepers' wages. And if there shall not be hired any keepers as aforesaid by the Inhabitants in manner and form specified in this Article, then the said Town Officers or their deputies shall and may impound all such cattle as they shall find 218 COMMON RIGHTS AT going and feeding in and upon any part or parcel of the said ground, contrary to this Agreement or to any order hereafter to be made by the said Order-makers, or the greater number of them. And the said cattle so impounded there to detain and keep until every owner thereof do pay for the first time that his cattle shall be so impounded two pence, and for the second time within the same year, three pence, and for the third time within the same year, four pence. And if he or they shall have this warning three times and therein be taken offending in like manner afterwards, with his cattle in the same year, then to pay Sixpence for every Pounding, so often as they shall be taken unto the said Officers or Impounders. ARTICLE XXX For Cow- Also it is agreed, that the way called Cow- way, now used, leading from a place called Wronglane's End unto the Cow Pasture within the limits of Cottenham aforesaid, shall continue for ever to be from time to time used as a Way only, as well by all and every the parties to these presents, their heirs and assigns, and all other the Inhabitants of Cottenham aforesaid which do and shall consent and shall continue their consent and agreement to this present Composition, and by none other, for the drift of their kine and other cattle, and also for their passages and carriages whatsoever necessary for their several uses. And, that the said William Hinde, his heirs and assigns, shall before the feast of the Annunciation of our Lady, next ensuing the date of these presents, upon reasonable request thereof made, convey unto any person or persons and their heirs, upon whose lands the said Way lieth, so much other land in quantity, not holden of the Queen Majesty her Heirs or Successors by Knight Service in chief, as whereof the said persons do or shall lose the profit by reason of the said Way. COTTENHAM AND STRETHAM 219 ARTICLE XXXI Also it is agreed, as aforesaid, that so much of the Common Mr. Hinde Drain as lieth within the inclosure of the said William Hinde, his t£e "o^in10 heirs or farmers, leading from the Dunstall Field unto Landbeach and Tillage. Fen side, shall be by the said William Hinde, his heirs, assigns or farmers, at his or their charges, well scoured, maintained and kept from time to time for ever. ARTICLE XXXII Also, that Smithy Fen shall be yearly, from the feast of What time St. Michael the Archangel, kept from Sheep until the twentieth day kept^out of of February, hereafter for ever. Smithy Fen. ARTICLE XXXIII Also, that no person or persons having right of Common in For Coloring Cottenham aforesaid shall suffer by way of Coloring, the Cattle °f Cattle> of any person or persons in Cottenham, neither the cattle which he shall have jointly or in common with any person or persons, to be depastured or fed in his right or name in any part of the Commons of the said town of Cottenham, except all such joint owners or owner in Common of Cattle as have Common in the said Town and be dwelling there, upon pain to forfeit and lose for every beast so depastured and fed, contrary to this Article, thirteen shillings and fourpence, and, the said money to be paid to the said Town Officers and to be divided, distributed, and accounted for, as is aforesaid. ARTICLE XXXIV Also, that no Swine shall be suffered but only by way of drift For Swine, to go and feed in Smithy Fen, Bullocks Harst, Mitchelleye, nor from the Stone Bridge to the Becks, Delffen, Alborowe, in the 220 COMMON RIGHTS AT ground between King's- Cross Close and Crykle Fen Bank, and from thence to the Lot ditch in Topymoor nor in the Lots, at any time hereafter, upon pain that the owner, knowing thereof, shall lose for every swine for every time going and feeding contrary to this Article, four-pence, to be divided, levied, and distributed and accounted for as aforesaid. ARTICLE XXXV For Bye- Also it is agreed, as aforesaid, that yearly from Candlemas until the first day of November, no person or persons shall keep any Bye- Herds of great Cattle, or put any bullocks to be depastured in any part of the Commonable Grounds or Fens belonging unto the said town of Cottenham but before the Town Herdman, upon pain of twelve pence for every offence, to be levied of the offenders goods and divided, distributed, and accounted for as aforesaid, except in Little North Fen and Great North Fen ; and except Working Cattle, sick Bullocks, Burlings under the age of one year, Horses, Mares and Geldings, in manner and form as in this Article is agreed, and not otherwise. ARTICLE XXXVI Directions Also it is agreed, as aforesaid, that those persons which by the Field Reeves *rue meaning of these presents shall be appointed to make Orders and Fen and Bye- Laws, or the greater part of them, shall at such time as they do meet, appoint and choose two men of the inhabitants to be Fieldreeves, which Fieldreeves shall see such Orders and Bye- Laws kept and performed as shall be made and agreed upon by the said Order-makers or the greater number of them, for the water furrow- ing and gripping of the fields. And shall likewise at the same time appoint and choose two men, being of the said Inhabitants, to be Town Officers, which Town Officers or their deputies shall see all the Articles and orders now made and hereafter to be made, performed and kept by virtue of this agreement ; and that the said COTTENHAM AND STRETHAM 221 Officers or their deputies shall collect and gather the aforesaid keepers' wages ; and shall also divide into Lots all the ground mentioned in these presents to be divided and allotted to that purpose, before the fifteenth day of July, yearly. The which Officers shall have each of them for their pains taken about those things some outcast or leaving of the said ground, so that either of their parts by good estimation be not above the value of twenty shillings. And that the said officers shall have power and authority to levy and distrain and take all the penalties, pains and forfeitures for the breach of all and every Article, Order and Bye- Law, made or hereafter to be made by virtue of this agreement, to be divided as aforesaid. And the Fieldreeves shall have the like authority for any Order and Bye- Law made for the Fields, and the money thereof coming to divide, distribute and account for as aforesaid. And if any person or persons, so chosen by the Order-makers as is aforesaid to be the Town Officers or Fieldreeves, do refuse and neglect to execute the same, every such offender shall forfeit three pounds, six shillings, and eight pence, to be levied by distress and to be divided, distributed and accounted for as aforesaid. ARTICLE XXXVII Also it is agreed, as aforesaid, that the said William Hinde, his F°r Pales heirs and assigns, shall not molest or trouble any of the said a Inhabitants, their heirs and assigns, for any Pales, Walls, Hedges, or other fences standing before their Houses towards the Street in the said Town at this time, and shall suffer them and all such like Fences hereafter as shall be set up, to continue and remain and be maintained for ever ; so that they which shall be hereafter made shall not stand further into the Street than without the compass of the outmost part of the eaves' drop of the house. 222 COMMON RIGHTS AT ARTICLE XXXVIII For Suits Also it is agreed, as aforesaid, that if any Suits shall happen to against any ^e commenced against any of the said Officers for any thing to be Officer. done by them or any of them, by or concerning their office and this agreement, the same Suit or Suits shall be maintained and borne, the one half by the parties above named, their heirs and assigns, and the other half by the said William Hinde, his heirs and assigns. ARTICLE XXXIX For those Also it is agreed, as aforesaid, that if any person or persons ly break "his which now hath or hereafter shall have any Right, Interest or title Agreement, of Common within the bounds of Cottenham shall willingly break this agreement, or interrupt the same or any part thereof, then the said William Hinde, his heirs or assigns, shall bear or sustain the one half of the charges which shall be spent in the Law about the same, and the party above named, their heirs and assigns, shall bear the other half thereof, until the cause shall be by Law determined, and if any recovery or eviction hereafter had or made against any of the parties above named, their heirs or assigns, of any thing, benefit or commodity, contained in this agreement, by any act or acts heretofore done by the said Sir Francis Hinde, Knight, or by any claiming by, under or from him, or done or hereafter to be done by the said William Hinde, his heirs or assigns, or any claiming by, from, or under him, for any his Lands or Leases, wherein he had right, title or interest, or shall hereafter, that then the said W'illiam Hinde, his heirs or assigns, shall make sufficient recompence for the same, and shall then also yield unto the said parties and every of them, their heirs and assigns, such damages, charges and costs, as they or any of them shall sustain by reason of the loss for not having such profits and commodities as they ought to have had by virtue of this agreement. COTTENHAM AND STRETHAM 223 ARTICLE XL Also it is further agreed, as aforesaid, by and between the said For them parties, their heirs and assigns, that such of the above named consent to* parties, their heirs or assigns which shall not consent, agree, and this continue their consent unto this agreement, and shall not subscribe to subscribe their names to these presents at such times as they shall be required, shall receive no benefit by any Article or thing contained herein, until he or they do consent and subscribe their names or marks unto the Articles of this agreement, any thing to the contrary notwithstanding. ARTICLE XLI Also it is agreed, as aforesaid, that all the charges of passing and For the perfecting of these Articles of Agreement, and of all other assurances ^ssi^this concerning the same which shall be reasonably devised by Council Book. learned in the Law of the said William Hinde, his heirs and assigns, and of the parties abovesaid, their heirs and assigns, shall be borne indifferently by the said William Hinde, his heirs and assigns, and the said parties, their heirs and assigns. And that ten pounds "expended and laid out by George Pepys, gent., and also all other charges heretofore spent sithence the feast of Easter in the seven and thirtieth year of her Majesty's reign, in the behalf of the said Inhabitants, about the controversy of the Inclosures made by the said Sir Francis Hinde, Knight, or touching the Common, or any part of them, shall be borne indifferently by the said parties, their heirs and assigns, by any assessment heretofore agreed upon by divers of the said parties, which is for every tenement forty shillings, if it will serve, if not, to be paid by the money due, or hereafter to be due, unto the Inhabitants to bear the common charges of the Town of Cottenham aforesaid. 224 COMMON RIGHTS AT For Droves and Drifts. Mr. Hinde to make his Drifts. ARTICLE XLII Also it is agreed, as aforesaid, that the said William Hinde, his heirs and assigns, shall suffer the Town Officers and all other parties to these presents, their heirs and assigns, at any time here- after, to put the Droves and Drifts of Cattle, which shall be at any time hereafter driven forth off the common fens or wastes, into the usual Drove yard of the said William Hinde, and that the said officers and other parties, their heirs or assigns, shall have authority to hold the said cattle, so driven into the said drove yard, until such time as they shall think good to deliver the cattle, so by them put in. ARTICLE XLIII Also it is agreed, as aforesaid, that it shall be lawful to and for the said William Hinde, his heirs and assigns, to make his or their Drift of Cattle out of the Fens and Commons of Cottenham afore- said yearly upon the feast day of Saint Michael the archangel, for the taking up of Strays, as heretofore have been used. Provided that if any decay shall happen to be in the Lyles Farm yard, by reason of the Inhabitants impounding of their said cattle, that the same shall be repaired at the costs and charges of the Inhabitants of the said Town of Cottenham. ARTICLE XLIV To consent Also it is agreed, as aforesaid, that the said William Hinde, his bring this ° heirs and assigns, and all other parties to these presents, their heirs Decree to an and assigns, shall, as much as in them lieth, procure and assent to Agreement. have premises Ratified and concluded by decree in Chan cery by Act of Parliament, or both, or otherwise, assured how- soever, as the learned Counsel of the said William Hinde, his heirs or assigns, and of the said Inhabitants shall devise. In con- sideration of all which premises before contained by these presents, COTTENHAM AND STRETHAM 225 the above named parties to these presents (except Edward Blean, Thomas Smith and John Bull) do every of them by himself respectively, by these presents, covenant, and grant, for the heirs, executors, farmers, and assigns, of every of them by himself respectively, to and with the said William Hinde, his heirs and assigns, that every of them respectively, their heirs, executors, farmers and assigns, will content and pay, or cause to be con- tented and paid unto the said William Hinde, his heirs and assigns, for every of their several Lordships, Messuages, Tene- ments, Freeholds, Copyholds or Leaseholds, respectively, thirty shillings apiece, of lawful money of England, as parcell of the forty shillings levy aforesaid, towards the payment of the three hundred pounds of like lawful money of England, at or in the Church Porch of Cottenham aforesaid, upon the five and twentieth day of March, which shall be in the year of our Lord God one thousand five hundred and ninety eight ; which three hundred pounds is granted unto him the said William Hinde, in considera- tion of this present agreement. And the said above named John Russel, Thomas Jackson the elder, George Pepys the elder, Robert Banks, Thomas Jackson the younger, Thomas Humfrey^ and John Brigham, the elder, being the seven men, receivers of the rents of the Lands, given towards the common charges of the said Town of Cottenham, do further covenant, and grant to and with the said William Hinde, his heirs and assigns, by these presents, that they the said John Russel, Thomas Jackson the elder, George Pepys the elder, Robert Banks, Thomas Jackson the younger, Thomas Humfrey, and John Brigham the elder, or some of them, will pay or cause to be paid at the Church Porch afore- said, one and fifty pounds of lawful money of England, towrards the payment of the residue of the said aforementioned sum of three hundred Pounds, upon the first day of November, which shall be in the year of our Lord God one thousand five hundred and ninety eight, until which said day it is provided by these presents, the said seven men or some of them, shall receive and take towards the payment of the said fifty one pounds all the 226 COMMON RIGHTS AT rents and commodities that shall or may be levied or made of the aforesaid parcels, which are before by these presents granted by the said William Hinde, to the said inhabitants their heirs and assigns, to bear common charges, any thing herein before mentioned to the contrary notwithstanding. Provided always that if all the rents and commodities that shall be made of the premises, before granted by these presents to bear common charges, and of all other lands and tenements whereof they are appointed to receive the rents, will not before the said day amount to the sum of fifty one pounds, over and above all other charges and expences which shall be by them laid out for the said Township, that then the said seven men shall still receive and take the rents and commodities which shall or may thenceforth be levied or made of the aforesaid parcels, until they have received sufficient into their hands to discharge all the said fifty one pounds, and every part and parcel thereof. ARTICLE XLV To pay or Also, it is agreed, that the said parties to these presents, their forlhe^hree nen's an<^ assigns and every of them, shall at or before the eight hundred and twentieth day of May next ensuing the day and year first above written, give security by their several bonds to the said William Hinde, his executors or assigns, for the true payment of their said parts and portions, at the day and place by these presents limited and appointed, to be paid by them respectively, which is thirty shillings for every tenement, with interest for the forbearing of the same after the rate of ten pound in the hundredth for one whole year ; provided that if the said parties to these presents, their heirs, successors and assigns, excepting such parties, their heirs, executors or assigns, as be or hereafter shall be farmers or servants unto the said William Hinde, his heirs or assigns, shall not give security by their several bonds to the said William Hinde, [his] executors or assigns, at or before the said eight and twentieth day of May, for the true payment of their said parts and portions, by these COTTENHAM AND STRETHAM 227 presents limited and appointed to be paid by them respectively, which is thirty shillings for every tenement, with interest for the forbearing of the same after the rate of ten pounds in the hundred, at the day and place by these presents agreed upon between the said parties to these presents, that then it shall be lawful to and for the said William Hinde, his heirs and assigns, to enter into the said great Inclosures called Longhill, and the same to hold and keep in severalty until they and every of them, their heirs or assigns, or some other parties for them, have either paid their parts and portions, with interest for the forbearing thereof as is aforesaid, or give security for the true payment thereof unto the said William Hinde, his heirs or assigns ; and also for such costs and charges as the said William Hincle, his heirs or assigns shall expend in and about the fencing of the said inclosure. Provided further, that if the said John Russel, George Pepys the elder, Thomas Jackson the elder, Robert Banks, Thomas Jackson the younger, Thomas Humfrey and John Brigham the elder, or some of them, shall not by their bonds jointly give security unto the said William Hinde, his heirs and assigns, at or before the said eight and twentieth day of May, for the true payment of'nfty one pounds at in or upon the feast of All Saints, which shall be in the year of our Lord God one thousand five hundred and ninety eight, at the place agreed upon by these presents, that then it shall be lawful for the said William Hinde, his heirs or assigns, to enter into the said Inclosures, and the same to hold and keep in severalty until they or some of them, or their succesors, have given security for the payment thereof as aforesaid. Provided also that none of the said parties to these presents, their heirs executors, administrators or successors, or any one of them, shall be charged or sued by virtue of any Article in these presents contained, for or by reason of the breach or non-performance of any of the said Covenants or Articles, contained in these presents, other than for or by reason of the breach or non-performance done or committed by himself, or those whose estate he hath, which so shall be sued, his heirs, executors, administrators, or successors ; excepting the heirs, executors or 228 COMMON RIGHTS AT administrators of the said seven men for the said sum of fifty one pounds. ARTICLE XLVI King's Col- Also it is agreed, as aforesaid, that all and every the Farmers to^oyThe and Tenants of the Provost and Scholars of King's College in Common. Cambridge, for the time being, of those two several messuages or tenements in Cottenham wherein Thomas Holbeam and William Holbeam do severally inhabit shall or may for ever hereafter take and use the benefit of the Commons in Cottenham aforesaid, in such manner as the other Inhabitants of the said Town shall or may, according to the true intent and meaning of these presents, notwithstanding that the said Messuages or Tenements were of late newly erected and built. ARTICLE XLVII How any And also, whereas it was agreed in one Article herein concluded, be^rectiftec? *na* ^ anv question, ambiguity or doubt should be moved upon any matter, clause, or sentence, or word, which should not be agreed upon by the Learned Counsel of the aforesaid parties, that the same shall be referred unto the Right Honorable the Lord North, treasurer of her Majesty's Household, and one of her majesties privy counsel to be decided for all parties. Now, to testify that the said Articles are concluded and agreed upon, by the agreement of the Council of both parties, the said Lord North hath hereunto pleased to set his hand ; Roger Goade, Provost of Kings ; William Hinde ; Umfrey Tindall ; Thomas Nevill ; Edmund Harwell, Master of Christs ; John Russell ; Richard Scott ; George Pepys, the elder ; Thomas Jackeson, the elder ; Thomas Jackeson, the younger ; William Lovell ; Robert Banks ; William Treeve ; Francis Brown ; Thomas Humphrie ; John Brigham, the elder ; John Denson ; John Brigham, the younger ; John Ewsden, the elder ; John Bull, the younger ; Elizabeth Banks ; John Philipe ; COTTENHAM AND STRETHAM 229 Jeremy Hubberd ; Thomas Mayle ; Robert Pepys, the elder ; Edward Scott ; Thomas Whitehead ; William Collyn ; William Briggs ; Ralph Mullinex ; William Jackeson ; Thomas Hawkins ; William Lamb ; John Fletcher ; John Thacksteede ; William Halden ; William Denson, the younger ; John Fanne ; Nicolas Haylock ; John Maile, the younger ; George Pepys, the younger ; Thomas Revers, the younger ; Richard Awsten ; Richard Frauncis ; John Ewsden, the younger ; John Bankes ; James Mayle ; John Mayle, the elder ; William Webb ; Edward Bleane ; Clement Cropwell ; John Halden ; John Tayler ; Edward Norman ; Robert Philipp ; William Saunderson ; Edward Mayle ; William Houlbeam ; Thomas Houlbeam ; Thomas Smyth ; Thomas Ryvers, the younger; John Haddow, the younger ; Rowland Browne ; Rowland Essex ; William Causby ; William Walker ; Thomas Brigham ; John Essex, the elder ; Richard Norman ; Richard Briggs ; Thomas Haddow ; William Fordham ; William Emerson ; Thomas Awsten ; William Leach ; Johan Curde ; Henry Leache ; William Philipp ; John Glover ; Thomas Badcock ; Elizabeth Norman ; Robert Norman; Richard Emerson; John Roger; Robert Wimple; Thomas Roger ; Thomas Pepys, the younger ; John Haddow, the younger ; Thomas Wimple ; Walter Reeve ; Thomas Vale ; Richard Bridge- man ; Richard Towneson ; Elizabeth Cambridge ; Richard Mayze ; Richard Caverly ; Margaret Brown ; John Mayze ; Thomas Gibson ; Robert Pepys de Norff [oik] ; Thomas Pepys, the elder ; the Master of Saint John's College, in Cambridge ; Robert Rivers ; Anthony Green ; Richard Clayton ; Thomas Watts ; Richard Whitinge ; Edward Haldyn ; William Moulton ; Henry Gylate ; Thomas Barnes ; Edward Rymer ; Robert Mayle ; John Norman ; Henry Langham ; John Warryn ; John Reade ; John Essex, the younger ; Robert Barnard ; Anthony James, and Thomas Richmond. ORDERS MADE AND AGREED VPON THE TWELFE DAY OF JANUARY IN THE YEERE OF OUR LORD 1639. FOR AND CONCERNINGE THE BEST BENEFIT AND CONVENIENT VSUAGE OF ALL THE COMONABLE GROUNDS IN AND ABOUT THE BOUNDES OF COTTENHAM. 1. Swine Imprimis, it is ordered that no Inhabitant in this Towne shal put feede irTthe or cause *° be Pu* anv swine in or vpon any parte of the Arrable Lowfenns. fields or comonable grounds, except they be so ringed that they roote not, vpon paine to forfeit for every swine so put contrarie to this Order, iiij. d. Neither shal any swine vnringed be suffered to continue in any parte of the said Comons at any time after a dayes warninge given by the Bellman vpon the like paine for every swine, iiij. d. And further that no persons shal put any swine to staie and feede in any parte of the Lowfenns nor in Great Northfen to continue therein at no time of the yeere, vpon paine to forfeit for every swine so taken, xij. d. 2. V number It is ordered that no person haveinge right of Comon shal not put or cause to be put into any of the said commons aboue the number of ten swine, vpon paine to forfeit for every swine aboue the said number, v. s. 3. No swine And likewise that no swine shalbe suffered to goe vpon Chif twinge" Chitteringe hill at any time upon the paine of vi. d. for every swine; and also if any swine shall goe by escape into any part of the cow- pasture without the priuitie of the owners of them. 4. The penal- Then the sayd owners shal vpon warninge given by the Officer taken* inry"6 or Officers or any other person, within one day after, driue them Cowpasture. out of such forbidden grounds vpon paine of such default for every swine so taken, vj. d. COMMON RIGHTS 231 And if any Officer shal impound any swine offending as afore- said before warninge given them as aforesayd, then ye sayd Officers shal take for every swine that they shall so impound but, iiij. d. And it is Ordered that no swine shalbe kept and depastured at any time vpon Northfenside (except by waie of drifte, or except from Harvest to Sct Lukes day followinge vpon paine for every swine so kept, iiij. d. It is ordered that if any persons shal cutt or pull downe, breake or carrie awaye any Oziers, Willowes or other sort of woode as hedges, gates stakes Railes, posts, barres, hardies, stonnes or any other thinge or thinges that are sett layinge or beinge in or vpon any parte of the commons of this Towne or any waie belonginge to this Towne without the priuitie and leaue of the Officers or one of them, then the partye or partyes so offendinge shal forfeit for every time so offendinge, x. s, It is Ordered that before the xijth daye of Aprill next comminge every commoner haveinge right of common in this Towne shal, with a stake marked with his or their vsuall brande, wherewith he brandeth his Geast bullocks l or sheepe, marke out his parte or Layer 2 of all his bankes, vpon paine of default or neglect thereof to forfeit vj. s. viij. d. to the towne officers for every layer not so staked or marked, and the penaltie to be bestowed as all other penalties for the good of the Towne. And if it be prooved any person to have pulled vp or carried awaye any of the sayd stakes, he shal paie to the owner of the sayd stake so pulled or digged vp fiue shillinges. And the Officers shal give notice thereof to the owner of the sayd Stakes, and the owner thereof 'shal marke and stake it againe within three weekes after such notice given to him or them, vpon the like paine of fiue shillinges. 1 Bullocks, a term which includes any cattle of full age, on agistment. See order 21, below. 2 The portion of banks, or ditches laid out for each commoner to keep in order. Article XVI. 4- When swine may goe on Northfen- side. 5. A penalti( on those tha conueigh away any o the Towne goods. 6. TheOrdei for stakein^ and marke ing of thei; bankes. 16 232 COMMON RIGHTS AT 7. For setting It is Ordered that no person vseinge fishinge shal neither lay and Fishing8 nor se^ anv engme or n^tt within the fenn side of the bankes to take any fish nor within ten poles of any Lakes ende or in or vpon any gull or Breach that shal or may happen vpon any mannes bankes Common place or stoppinge in or about the bounds of Cottenham, except they first hire them of the Towne Officers, vpon paine for every time so offending ten shillinges and the penall losse of their nett or engine so sett. And that no person shal sett any nett in any Loade or Lake narrower then the full bredth of the same Loade or Lake where they shall sett, vpon paine of two shillings to be likewise forfeited as aforesayd. 8. Against it is Ordered that if any persons shal cutt or pull vp or putt make downe any parte of the fenn bankes, Stoppinges or Cresses in or hauoke and about any part of the commons without the consent of the said bankes and Officers or the greater parte of the Ordermakers agreeing thereto. Cresses. the partye so offendinge as afforesayd shalbe pained for every such default ten shillings. And if any servant offend as aforesayd, the Maister of the said Servant shal paie the said penaltie for him, ffor the w°h the sayd Maister may deteine somuch of the servants wages. 9- For It is ordered that no persons haveinge right of common in this branding6 of Towne shall put or cause to be put any sort of great Cattle or cattle both Sheepe (Except milch Kyen) into any parte of the Commons after and ye twentyeth day of Aprill next vntill they be branded wth his or Westwicke. their vsuall brand for Sheepe or Bullocks, and so to keepe them continually, vpon paine for every beast and Sheepe not so branded as aforesaid, vj. s. viij. d. And likewise that the Inhabitants of Westwicke shal marke and brand all their cattell in such sort as y* Inhabitants of Cottenham are enjoyned, in manner and forme before specified, before they shalbe put into any of the sayd commons, vpon the like paine of vj. s. viij. d. for every beaste. li is Ordered that eveiT Comoner in this Towne and Westwicke to bring shal before Mayday next bring a Coppie of his Brande to ye COTTENHAM AND STRETHAM 233 Towne Officers by them to be put in a Booke wch may serue for their better knowledge of bullockes horse and Sheepe, vpon the paine of iij. s. iiij. d. It is Ordered that if any Comoner in this towne or Westwicke doe put or cause to be put vpon any parte of the Commons of this Towne ye cattell of any other persons haveinge no right of common in this towne or shal set his or their brand vpon such Cattle, to the intent that such Cattle may feede or be suffered to goe vpon the sayd commons, every such offender shalbe pained in the sume of xx. s. for every beast or Sheepe so taken, if it be probably founde against him or them within one yeere after such offence comitted. And likewise the owner or owners of such Cattle shalbe pained for every such beast xx. s. It is Ordered that if any person leaue open any Raile or barre or gate whereby any Cattle may goe into forbidden grounds that every person that shal make such default shalbe pained for every such default comitted iij. s. iiij. d. Whereof xij. d. shalbe giuen to him or them that shal take such offenders wch sayd penalties shalbe leuied of the same persons Maister or parents of such as shal so offend. And the Maister may deteine somuch of the servants wages. It is Ordered that if any person haue any vnruly cattle wch will not be kept out of forbidden groundes by reasonable meanes, the owner or owners of such cattle shal vpon warninge given them remoue fetter or otherwise so order them as that they may be ruled and kept out of such forbidden grounds vpon paine for every such Beaste or default, xij. d. It is Ordered that no Jades or other Cattle be suffered to goe or be depastured in any parte of the Cowpasture (Except milch kine) vntill Sct Michael the Archangell next. And also that every person Sonne or deputie shall driue or cause to be driuen all their Jades and other cattle (Except before excepted) beyond barreditch into Michelleye, except the fennes be so drowned or overflowen by waters that the sayd Cattle may not there abide vpon paine for every such default, xij. d. their brand or mark to y* Officers. n. Against such as retaine and take in strangers cattel. 12. The for- feiture for leaueing open any Raile barre or gate. 13. For ordering of vnruly cattel. 14. Jades ex- cluded from feeding in the Cowpasture vntill S4 Michael. 234 COMMON RIGHTS AT 15. Against driueing of cattle through Smitheyfen. 16. Against driueing of Cattle thorow the Cowpasture 17. Sechal and y« ground beneath Micheleye to be kept from Geast Bullocks. 1 8. Against drift Cattle and other drie Cattle of the Butchers. And it is Ordered that no persons shall driue or cause to be driuen any sort of Cattle through Smitheyfen vnto any of the other grounds or feedinges next adjoyninge vpon it from the xxv day of March vntill y6 first day of August, vpon paine to forfeit fiue shillings for every time so offendinge. It is further Ordered that such persons as haue Pastures in Alborough Closes, Longhill Denny, or haveinge any other severall grounds adjacent and layinge vpon the Cowpasture, shal not driue nor cause to be driuen any sort of Cattle through the Cowpasture not aboue twice in the weeke to and from their sayd pastures, from the twentieth day of ffebruary next vntill y6 first day of May ensueinge, vpon paine for every time so offendinge contrarie to this Order to forfeit fiue shillinges. And that the Officers or any of them or any other persons that shal finde such default done by any other persons shal take of them ye penalties as aforesayd. It is Ordered that no sort of Geast cattle shal either feede or be depastured in the fen called Sechall nor beneath Michaelleye or any parte thereof on this side the new ditch vntill the first day of August next comminge, vpon the paine or penaltie of fiue shillinges for every Geast bullocke that feedeth there before the daye pres- cribed by this Order. Item, it is concluded and agreed that no Jades shal goe into the Cowpasture, nor any Jades shal be put into Dunstall field nor into the Halme field l vntill Sct Michael the Archangell next, vpon paine to forfeit xij. d. for every beast taken contrarie to this Order. Item, wee Order that no Comoner or Inhabitant, nor any other persons in this Towne haveinge any dealinge in buyinge of Cattle and vseinge droveinge, shal put any of their drifte Cattle to feede or be depastured vpon the sayd commons or any other parte of them, vpon paine to forfeit for every such offence xx. s. And it is further Ordered that no Inhabitant in this Towne vseinge Butcherie shall put any sort of drye cattle w** they or any of them shal happen to prouide for their dealeinge in their trade vpon any parte 1 The field which was in stubble, according to the regular rotation. The term has no relation to the Holm meadow mentioned below. COTTENHAM AND STRETHAM 235 of the Cowpasture, vnder the penaltie of xij. d. to be forfeited for every daye so offendinge. It is Ordered that no Sheepe shalbe fedd or depastured in the Lowfenns called Sechall Chairefen and Chitteringe hill and the Lotts from the xxth day of March vntill such time as the Sheepe doe vsually goe in the Cowpasture. And that no Sheepe be depastured vpon Bullocks harst vntill the xxth day of ffebruary, vpon paine for every Sheepe so goeinge, iiij. d. It is Ordered that no bullockes shalbe fedd and depastured in Smitheyfen, or in any parte of the Comonable grounds or fields, from Sct Thomas day next vntill the xxv day of March followinge vpon paine for every beast so goeinge, iij. s. iiij. d. It is Ordered that no cattle shalbe fedd or depastured in any parte of the Cow- pasture from the xxth day of ffebruary next vntill the first day of Maye followinge. Nor any Geaste bullocks to feede betweene the Newditche and Michaeley [gap] from the xxth day of ffebruary next ensueinge vntil Michaelmas, vpon paine for every beast taken there to forfeit, xij. d. It is Ordered that no person or persons shall put, folde or depasture, or cause to be put folded or depastured, any manner of cattle whatsoeuer in or vpon any parte of the Halme field vntill one weeke after Harvest be ended, vpon paine for every beast there founde before the day prescribed, iiij. d. It is Ordered and agreed that it shalbe lawfull for any person that hath right of common to depasture and feede any kinde of Cattle on northfenside and little Northfen. As also in the fallow field and common plate of ground betweene the closes at any time of the yeere, with free libertie nothwithstandinge any order herein mencioried and formerly made concerninge bye heards. l Prouided also, by vertue of this Order, that it shal not be lawfull for any Commoner to put any of their milch Bullocks 2 nor any sort of their geast bullockes whatsoeuer into Greatnorthfen from this instant xij day of January vntill the xxvj day of Aprill 1 Any herd kept apart from the main herd ; see above, order 14. 2 See above, order 6, note 19. They must not put any drie Cattle into the Cow- pasture. 20. Sheep shal not goe in the Low- fen vntill convenient time that they goe into the Cowpasture 21. The Halme Fielde is re- serued from Cattle for a weeke after Haruest be ended. 236 COMMON RIGHTS AT 22. The scoured. 23. The. milch6 keinc and for ° 24. No com- keepe any of keine seclu- aparteTrom the Milch next comminge vpon paine to forfeit for every beast so taken, xij. d. It is Ordered that no person or persons shal digge any earth in Northfen to carrie to any of their Landes, or otherwise to their vse in any sort, nor in the leames nor in any other grounds or places profitable and where cattle feede, vpon paine of iij. s. iiij. d. for every Loade taken from any such places contrarie to this Order. Item, wee Order that all the ditch separateinge the Holme Meadow from the Arrable fields and extendinge vnto the Holme close shalbe well and sufficiently ditched and scoured accordinge to the discrecion of the fieldreeues and by the paines and charges of the owners and fermors of those Lands therevpon abuttinge, before the xxiiijth day of June next comminge in this present yere, vpon paine of default or neglect thereof to forfeit xij. d. for every halfe acres bredth. And further that ye ffieldreeues or Officers, or some of them, shal make or cause to be made a barre gate at the entrance into the Holme in convenient time to preserue the sayd meadow from the feedinge of Cattle. It is Ordered that no Comoner shal keepe aboue the number of X*J m^cne keine vpon the Cowpasture, and for ye sayd number of twelue keine, he shal keepe a sufficient Bull in the heard with them vnti11 Michaelmas followinge. And likewise that no comoner shal keepe aboue the number of nine Milch Keine vpon the sayd Cowpasture (Except he keepe a Bull as aforesaid), vpon paine for every Cow aboue the sayd number of twelue, and nine allowed as aforesaid, ten shillinges. It is Ordered that no Commoner or owner shal haue any Milch Keine to feede a parte and seuerly by themselues in the fen called Sechell nor beneath Michaelleye, nor in any parte of the Lowfenns, but that their number of xij milch keine, and all vnder w°h they esteeme for the benefit of milch keine shal goe in the Milch heard, anc* that in such manner as is accustomed and in the former Order mencioned and specified, vpon paine to forfeit fiue shillings for every milch Cowe that shalbe kept against this Order. COTTENHAM AND STRETHAM 237 It is Ordered that no persons haveinge right of Comon shal either Lett, lende giue or exchange vnder the terme of one whole yeere the milke of any kine to make vp his or their number wch hath the number of foure keine, vpon paine both to the owner hirer, Lender giuer and exchanger x. s. It is Ordered that no person shal keepe or cause to be kept any Cattle vpon any Baulks forrends or furrowes in this Townefields before Harvest be ended, but onely vpon his own Baulkes forrends or furrowes, vpon paine to forfeit for every beast so goeing and feedinge, v. s. It is ordered that the Heardsmen and Shepherds shal not take to keepe any cattle of any other person or persons whatsoeuer but onely those of the Inhabitants of this Towne. And further that if the said heardsmen doe know of any such person or persons wch doe take to keepe and cullur l the cattle of any stranger contrarie to this Order vpon any certaine intelligence of such Cattle so retained, the sayd Heardsmen and Shepherds shal giue notice thereof presently to the Towne Officers or to one of them, vpon paine that ye Heardsmen and Shepherds that doe contrarie to this Order shal forfeit x. s. for every beast. And if any person or persons being a Commoner and so offendinge, shal be pained for every such offence x. 5. and shal loose the benefitt of their common for a yeere and a halfe, after such offence done and justly prooved against him or them. It is Ordered, condiscended and agreed by all and the greater number of the Ordermakers, that all the ground in the Vndertakers peece,2 wch is 'contained within the compass of the new ditch and 1 For an owner of common right to colour cattle was to pass off as his own cattle which really belonged to a person, who had no common right ; see Preface p. 181. 2 The Undertakers Piece or Adventurers Land in the lot book of the Bedford Local Commissioners. This had been set out, but from a variety of causes had not been entered upon by the Adventurers. 25. No milch keine to be either hired or otherwise letten forth by any com- moner for their milke for less then the space of a yeere. 2.6. Forrenda and furrowes. 27. Against Heardsmen and Shepherds that take in strangers Cattle. 28. The Undertakers peece to be kept seueral 238 COMMONRIGHTSAT for a time among the ;rs> 29. No thist- mowenf vnless y* Officers giue 30. The diseased*1 cattle that to abeC taken feeding Commons. 31. To diseased 32. The order for preser- ueing of the bed of slaite closes. Chitteringe Hill, next it, shalbe kept seuerall from all manner of cattle from the first day of March next comminge vnto the xth day of July immediately after, vpon paine to paye for every beast feedinge there against this Order, xij. d. And that the Officers by them chosen this yeere, with the helpe and assistance of the Ordermakers or some of them, shal meete vpon the xth daye of June next immediatly after to conferre about y6 due disposeinge, orderinge, measureinge and impartinge of the same peece of ground indifferently and equally to euery of the Tennements that hath right of comon in this Towne in such sort as is conveniable by their discrecion. And it is ordered and agreed that no persons shal tutt any thistles growinge vpon any parte of the Commons vnless they first obtaine leaue of the towne Officers, vpon paine to forfeit fiue shiuinges fof every daye It is Ordered that no persons shal put or cause or be put any horse or mare haueinge the maungie or scabbe, or haueinge farcie or any infectious disease vpon any parte of the Comons or vnsowen nelds, vpon paine to forfeit for euery day that any such diseased Cattle shal goe, or feed vpon the aforesaid groundes iij s. iiij d. to ^e leuied by the Towne Officers or by one of them or their deputyes or by any other persons that will vpon the owners of such horses. And further that no Inhabitant shal put forth to feede vpon any parte of the Commons any sicke bullocks of the Gargit vntill they be so whole that they dropp not, vpon paine for every beast so put xij. d. a day. It is ordered that all diggers of Claye or gravill, shal fill and leuill vp their pitts as neere as they can, vpon paine to forfeit for every pitt not so filled as is required, xij d. And wee find it convenient and hereby do giue warninge that . . ,. . , no man sna* digge or open any ground for claye or gravill any neerer the vsuall road waie then y* outside of the pitts that hath De^n formerly opened for claye and gravill, from Cowaies ende to Longhill [£#/>], vpon paine to forfeit xij. d. for every loade digged COTTENHAM AND STRETHAM 239 within the compass hereby reselued and forbidden as aforesaid. Item, wee giue order that no man shal hereafter breake vp any of the Bed or quarie of Slaitestone wch is growinge within the Comon plate of grounde betweene the Moorecloses, but onely for claye for their necessarie vses, vpon paine to forfeit v s. for every loade of Slaitestone digged there contrarie to this Order. And that all such persons who have formerly digged vp pittes for slaite their own priuate vse and comoditie shal fill and leuill vp their pitts as plain and as even as the Loosmyre will aford, and that before the xxiiij daye of June next comminge, vpon paine to pay for every pitt not so filled and leuelled vp as is here directed, five shillinges. It is Ordered that no willowes shalbe cutt vntill they be six or 33-WiHowes seuen yeares growth accordinge to ye discretion of the Officers, Serued ?rom vnlesse it be vpon extremitie to make vp suddaine breaches or cutting, guiles, vpon paine to paye for every tree if they shall cut them contrarie to this Order to forfeit, xij. d. It is Ordered that if any Inhabitant sendinge his servant Sonne 34- Against or deputye to Comon daye worke or other businesse, that hereafter negligent in shalbe appointed to be done by the Officers, and when the sayd thelr comon Officers shal finde ye said servant Sonne or deputie to be stubbourn am^a penal- or negligent to worke Or els refuse to doe all such businesse or tie on them. layer as shalbe to them assigned and appointed by the said Officers, then the partye so offendinge shalbe sent home and the Parent or Maister of such an offender shalbe pained for every such offence, xij. d. It is Ordered that every Comoner in this Towne shal doe all 35- An Order such dayes workes layers or partes as shalbe thought needfull to be thcSe ^v"C done hereafter, and at such times and in such places as the sayd keepe teame Officers shal appoint, vpon paine for every pole not done to the such^orkes approbation and likement of the Officers to forfeit, ij. s. And for as in the euery day that they shalbe called \vith a Carte, either to sende a expressed Carte or ij. s. And for every daye for a man to come the first or second day or send, vj. d., vpon paine to forfeit for every day behinde after two dayes warninge xij. d. And for every Cart ,f'il» *. if* •:»fei«5 240 COMMON RIGHTS AT that is found behinde after the two dayes vvarninge given, ij. s. vj. d. And in like manner wee doe Order compell and enjoyne every Commoner that receiueth the benefitt of keepinge the number of ten Bullocks in the Lowfenns l in such regard shal vpon every such daye, and so often as shalbe founde requisite, either sende a Carte or two shillinges, or els to forfeit the penaltie of ij. s. vj. d. if such default be, and in such sorte as the residue in the former Order are pained. 36. For It is Ordered that every owner of Tennements and every fen BaiiLes ffermor f°r terme of yeeres shal, within ten dayes after warriinge and in what given them by the Bell, make and finish all their bankes in the arTtoCbehey fenns now layed or that shalbe indifferently layed and diuided amended. vnto any of them by the said Officers in manner and forme followinge viz. they shal make euery of their sayd bankes foure foote hie and five foote broade on the toppe, and they shal digge all ye Earth that they shal vse in makeinge and mendinge their bankes Betweene the River and the outcaste of their bankes, So that they come no neerer the banke then the middle of the olde ditch, if there be roome ynnough besids to make the banke ; and if any person digge neerer than is here limitted, He shall fill and land vp all such digged places with Earth to be taken betweene the River and the banke as the River and ditches will giue leaue. 37. The And if any person be found wantinge in maintaininge of his imposed °on Bankes in manner and forme aforesaid, then the partye so offending such persons shal paie to the towne Officers within six dayes after the sayd ten defauuTn y" dayes so much as they shal laye out and so much more to the amending of proper vse of the sayd Officers. And if the sayd Officers do not s* accordinge to this Article, Then the ffenreeues or stewards of any Lordship or any Tenant shal and may distraine the Officers and Offenders for such like penalties as the sayd Officers should haue distrained others, and shal doe in all pointes touchinge the bankes accordingly. 1 This was a privilege which was not included in the recognised common right, but had to be arranged for with the Order makers and paid for. COTTENHAM AND STRETHAM 241 It is Ordered and agreed by whole consent of the Ordermakers That the Officers by them nominated and chosen for this yere, together with the helpe and asistance of as many of the Order- makers as will vpon notice given them, Shal in due and convenient time or season at or before the five and twentieth day of the Moneth of Aprill next comminge Or els so soone as the grounde is drie and will give leaue, Measure, limitt and allot equally and indifferently vnto euery of the Tennements haveinge right of Comon, One crofte or layer of turves to be digged, and every crofte or layer to be foure poles in length and xviij foote in bredth vpon the plaine in Chairefen, in such sort as is most conveniable by their discretion. Provided neverthelesse that no person shalbe suffered to digge or make their pitts aboue the bredth of a ditch or pitt of six foote broad and the length of one turffe in depth vpon paine for every person that diggeth contrarie to any pointe of this Order to forfeit, x. s. It is Ordered that no persons whatsoeuer shal digge any Turves vpon the olde Layers being it is provided for them to digge vpon the new Layers wch shalbe allotted to ech Comoner this present yeere after such sort and manner as is before recyted vpon paine to forfeit for every thousand digged against this Order x. s. It is Ordered that every Comoner and Inhabitant shall secure and ditch all the ditches of their lands ends wheresoeuer abuttinge or layeing by any of the Towne commons or any parte of them or any other Towne therevnto adjoyninge, as also all other ditches or gripes wch may serue for the better draineinge of the arrable fields belonging to this Towne in such manner and forme as shalbe appointed by the ffield Reeues. And all such ditches shalbe ditched and 'scoured and so maintained in such manner before mencioned in all points from this xijth day of January now instant vntill the eleuen day of January next ensueinge. And the ditches in the fallow field shalbe made in the same sort within fiue dayes after warninge given them, vpon payn to forfeit to the ffteld Reeues for every default twice so much as the field Reeues shal laye forth and dispend in and aboute the sayd ditches. 38. The Order for digging of turues vpon the Layers disposed vnto euery Comoner. And after the same sort to be taken for iij yeeres to come and this yeere next coming is the first for the same Layers. 39. Lands ends to be ditched for ye better draining of fields. 40. Further duties of the Fieldreeues. 242 COMMON RIGHTS AT And it is hereby further ordered, condiscended and agreed that the sayd ffield reeues shal doe or cause to be done all the rest of the ditches aforesayd wch are not so clone within fiue dayes after the time appointed, and shall distraine the offenders for all such offences, w611 said penalties shal remaine to the proper vse and benefit of the feelde Reeues. And if the ffieldreeues shal make default herein, then the Towne Officers shall haue full power to doe and execute therein and shal see the worke performed and shal take the penalties forfeited as aforesayd. 41. Penaltie it is ordered that if any person offend against the Composition on those wch . . *•»/->. • y-vi doe offend or against any Artycle therein contained, Or against any Order against the made by the Order makers, Then the Towne Offycers or their Composition _ ,, , . ' _ or that Deputyes or servants or any other person, being a Comoner repugne any within three dayes after they shall haue knowledge given them by Orders. an Inhabitant wch will Justine and warrant their knowledge to be true. Or of their owne knowledge doe know of any such persons so offendinge, Shal and may distraine the offender or offenders and leuie the penalties that they haue forfeited. But if the Officers neglect to doe as aforesaid, Then the Officers shal forfeit to him or them that gaue such notice so much as the Offenders should haue forfeited, wch forfeiture the partye or partyes that gaue such knowledge shal and may distraine the Officers and leuie so much of their goods. 42. Cattle And further it is Ordered that the Officers or their deputyes, ffen trarie'fo'The Reeues, H awards or any other person whatsoeuer dwellinge in this Composition Towne, shal and may impound any Cattle wheresoeur goeinge or feedinge contrarie to any Artycle in the Composition or any Order the deputyes now made and agreed vpon. As also any Cattle goeinge in hawards Smitheyfenne contrarie to the vsuall custome, so that the fences be sufficiently made and maintained. It is Ordered that the Officers shal cause to be made double fallinge Gates 4 at the waies and places where they haue bein vsed, viz. at the entrance into Michelleye and Toppymore, and also at the Lakes ende, and so to keepe them at the charges of the Towne. 1 A pair of gates shutting in the middle between the two posts. COTTENHAM AND STRETHAM 243 It is Ordered that at such time as the Town Officers shal make 43- Hawards any drifte (sic) out of the ffenns,... all the Hawards of every manner or Lordship or two of them shall at all times, vpon warninge given Officers at them by the Officers or either of them or their deputyes, Helpe, their drifts' vp with all such drifts of Cattle as they shal make, vpon paine for every such default or neglect fiue shillings. It is Ordered that ye sayd Officers or their Deputyes shal gather 44- Barres or cause to be gathered vp and safely kept all manner of gates, j^ mf fntain° Railes, postes, barres and other engines wch now doth belonge or ed in the hereafter shalbe belonginge to this Towne at such time as the sayd accustomed8 things are not needful to be vsed, Except any of them shall happen to be stollen, and shall make a noate of them in writeinge betweene them of every particular, wch noate, together with the barres and 45- Officers other Engines shalbe deliuered to the next chosen Officers vpon the^own6 their entrance into their Office vpon paine for every barre, post and goods and Raile or other Engine ij. s. vj. d, ffor the wch the nexte chosen ImPlements- Officers shal distraine them, Or els make the sayd gates or other Engines so missing by their not distraininge good at their owne proper costs and charges. Item, it is agreed that whatsoeuer person, being a Cottager or 4°: For as- otherwise haveinge right of Common and hath no. Cattle feedinge an^Comon- vpon the Comons in this or their right of Commonage, Shall not be er being a conjoined or charged to do any Layers, as any other Comoners and owners of Cattle are by Equitie enjoyned. Provided that all keepeth no such Layers and paries where vn to they shalbe conduced and required shalbe done by the charge and expence of the owners of such Tennements. It is Ordered that no man shal lay nor cause to be layd any 47- Against Compose or dunghill vpon the Cowwaie nor vpon any other place annoy the about the fennes or fields whereby to annoy the hiewaies, vpon hie waies paine for every loade so layed, iiij. d. If is Ordered that no person or Heardsmen belonging to this 48- Jhe herdsmen Towne shall receiue to keepe or take in charge any Cattle of forbidden to the Inhabitants of Westwicke, vpon paine for every beast so kept, ta^f m *ny cattle or Hj. s. inj. d. Westwicke. 244 COMMON RIGHTS AT 49. The owners to pay for burieing of their Cattle that happen to die. 50. The Officers to leuie the penalties forfeited and to be accomptable for them. 51. Orders to be published. 52. Officers nominated and chosen for this yeer 1640 by whole consent of the Order- makers. It is Ordered that every person whatsoeuer haueinge any Cattle that shal happen to dye in the limmits and boundes of Cottenham, shal take such order for the burieinge of the carkases of all such Cattle so dyeinge, presently vpon the takinge off of the hide. And if the heardsmen or any other person shal so burie such carkase before the owner haue notice thereof, Then the owner of every such beaste shal paie and giue vnto such Heardsmen or other person iiij. d. t Provided that every beast be buried foure foote deepe in the ground and be covered ouer about ij. foote thicknes of earth at the leaste. And if any owner doe refuse to paie the sayd iiij. d. for buryinge such carkase, he shal forfeit xij. d. to be leuied by the Towne Officers. It is Ordered that the Towne Officers or other deputyes or one of them shall leuie every paine, sume of money, forfeiture or penaltie as aforesayd and shall make a true and just account of them to the Ordermakers wch shalbe assembled in the Scholehouse vpon the xij. daye of January next comminge before ten of the cloke in the forenoone of the same daye. It is Ordered that these Orders shalbe faire written and published within xv. dayes after the makeinge of them at the charges of the Towne by the discretion of the Offycers, and them to remaine in the hands of the then chosen Officers for the time beinge. And it is further Ordered that the Towne Officers shal, on Sunday next before the xij. day of January next comminge, Reade or cause to be reade the Names of all the Ordermakers w** are to meete together and to be present at the makeinge of the Orders. It is Ordered and hereby condiscended and agreed by all or the greater number of the Ordermakers that Thomas Lovell and John Wright shalbe defended to determinate and execute the place of Towne Officers to see the Artycles in the Composition duely performed and these Orders here sett downe, obserued and kept : And if the said Officers shal make default herein, or of the makeinge of their true Accounts of all their Receipts and disburce- ments in writeinge wholly and joyntly togeather, and the same to COTTENHAM AND STRETHAM 245 reade or cause to be read vnto and in the presence of the Order- makers or the greater number of them wch shalbe then present and assembled vpon the xij. daye of January, they shalbe pained in the summe of iij. li. vj. s. viij. d. to be leuied by the next chosen Officers. And further that John Phillip and William Ivatt are chosen to be ffieldreeues By consent and agreement of vs the Ordermakers whose names are vnder written. [no names appear in this Copy.] EXTRACT FROM THE DECISION OF DR. EDEN, VICAR GENERAL OF THE BISHOP OF ELY IN THE CASE BETWEEN THE EXECUTORS OF DR. MAW RECTOR OF COTTENHAM AND WALTER MALE IN REGARD TO SUBSTRACTION OF TITHE. Pronuntiamus Eundemque Walterum Male anno domini 1622 mensibusque in eodem concurrentibus, necnon anno domini 1623 mensibusque in eodem concurrentibus, necnon anno domini 1624 mensibus eodem concurrentibus et eorum annorum quolibet annu- atim habuisse et possedisse infra parochiam de Cottenham predicta finesque limites ac loca decimalia eiusdem has res decimales et iure ecclesiastica que sequuntur in schedula proximo sequenti ad valorem etiam siue valores annuatim et quolibet annorum predic- torum se extendentes et extendisse iuxta confessionem prefati Wal- teri Male in hac parte iudicialiter factam pronuntiamus, decernimus et declaramus viz1 The first schedule. Imprimis 70 loads or Carryes of hey every such load or carrye worth viij. $. Item 9 Calues euery Calf worth 9s. Item 50 Lambes every Lamb worth 4s. Item 60 fleces of woolle euery fleece of woolle worth Is. 4d. Item for oblacions at Easter for himselfe or his wife 2d. Item tenn Bushells of Aples one Bushell of Peares, one Bushell of damsins and other plomes euery such bushell of Apples one with another worth xij. d. every busshell of damsins and other plomes worth iiij. d., fortie Piggs euery pigge worth xij. d. COMMON RIGHTS 247 Necnon eundem Walterum Male habuisse et possedisse infra parochiam de Cottenham predicta finesque limites ac loca decima- bilia anno domini 1625 et mensibus in eodem concurrentibus has res decimales ac iura ecclesiastica que sequuntur in hac secunda schedula, ad valorem etiam siue valores in dicta secunda schedula mencionata se extendentes et extendisse, iuxta confessionem prefati Waited Male in hac parte, iudicialiter pronuntiamus, decernimus et declaramus. The second schedule. Imprimis 70 loads or carryes of hay euery such load or cary of hay worth viij. s. Item 12 Calues euery Calfe worth 9s. Item 50 Lambes euery Lamb worth 4s. Item 60 fleeces of Woole euery fleece worth j. s. 4d. Item oblacions at Easter for himself e or his wife Os. ij. d. Item tenn Bushells of Apples, one bushelle of Peares one Bushell of damsins and other plumes euery such Bushell of Apples one with another worth xij. dt euery Bushell of damsins and other plomes worth iiij. d. Item 40 piggs euery pigge worth xij. d. Eundem igitur Walterum Male in summa xix. ii. xij. s. ij. d. pro decimis et iuribus Eccleciasticis libellatis ac ad prefatam schedulam xix. ii. xij. s. ij. d. iuxta propriam ipsius confessionem vero calculo siue raciocinio rite adhibito se extendentes, videlicet. ii. s. d. Imprimis for tyth hay 2 .. 16 .. 0 Anno domini Item for tyth Calues 0 .. 8 .. 1 l622 Item for tyth lambs 1 .. 0 .. 0 Item for tyth woolle 0 .. 8 .. 0 Item for oblacions for him selfe and his wife 0 .. 0 .. 2 Item for tyth Apples 0 .. 1 .. 0 Item for tyth Peares 0 .. 0 .. 1 ob. Item tyth plomes 0 .. 0 .. 0 q. Item for Tith piggs 0 .. 4 .. 0 248 COMMON RIGHTS AT ti. s. d. Annodomini Imprimis for tyth hay 2 .. 16 .. 0 Item for tyth Calues 0 .. 8 .. 1 Item for tyth lambes 1 .. 0 .. 0 Item for tyth woolle 0 .. 8 .. 0 Item for oblacions for himself e and his wife 0 .. 0 .. 2 Item for tyth Apples 0 .. 1 .. 0 Item for tyth Peares 0 .. 0 .. 1 ob Item for tyth plomes 0 .. 0 .. 0 q. Item for tyth pigges 0 .. 4 .. 0 Annodomini Imprimis for tyth hay 2 .. 16 .. 0 324 Item for tyth Calues 0 .. 8 .. 1 Item for tyth lambes 1 .. 0 .. 0 Item for tyth woole 0 .. 8 .. 0 Item for oblacions for himselfe and his wife 0 .. 0 .. 2 Item for tyth Apples 0 .. 1 .. 0 Item for tyth Peares 0 .. 0 .. 1 ob. Item for tyth plomes 0 .. 0 .. 0 q. Item for tyth Piggs 0 .. 4 .. 0 Annodomini Imprimis for tyth hay 2 .. 16 .. 0 )25 Item for tyth Calues 0 .. 10 .. 8 Item for tyth lambs 1 .. 0 .. 0 Item for tyth woolle 0 .. 8 .. 0 Item for oblacions for himselfe and his wife 0 .. 0 .. 2 Item for tyth Apples 0 .. 1 .. 0 Item for tyth Peares 0 .. 0 .. 1 ob. Item for tyth Plumes 0 .. 0 .. 0 q. Item for tyth piggs 0 .. 4 .. 0 Unacum expensis legitimis exparte prefatorum Leonardi Maw Thome Burwell et Nicholai Maw factis et faciendis eisdemque seu parti siue cum parte principali predicto, videlicet, prefatis summa xix. ti. xij. s. ij. d. soluenda etiam condemnando condemnamus per COTTENHAM AND STRETHAM 249 hanc nostram sententiam dimnitiuam siue hoc nostrum finale decretum quam siue quod ferimus et promulgamus in his scriptis Taxacionem vero siue (sic] earundem nobis aut alii judici in hac parte competenti cuicunque reseruando reservamus. Lecta et lata 12° Martii 1630 Tho : EDEN. Examinatur et Concordat cum Originali Ita testor Titus Tilett Notarius Publicus Actuarius. AN ACCOUNT OF THE TITHING OF CATTLE,1 &c. Cows, &c. CALVES. FOALS. LAMBS & SHEEP. For every Milch-Cow Two Pence instead of the Tithe Milk, and for a Heifer of the first Calf, Three Half-pence. For Calves, if they have any, Six or under, and sell them, the Tenth Penny is due ; if they wean them, pay a Half-penny apiece : but if they have Seven or above, under Ten, a Tithe Calf. And then the Parson is to give back Half-pence apiece for so many as wants of Ten : if just Ten, a Tithe Calf ; the last of Ten to be the Tithe Calf, or of Seven Eight or Nine. If it chance that a Man kill a Calf in his house, then to pay for the Tithe thereof a Penny, to be reckoned and made even at Easter, without driving any of them to another Year. For Foals, if Seven a Tithe Foal (the Owner to choose Two and the Parson to take his out of the rest at Allhallowtide) allowing to the Owner a Penny apiece for so many as there are short of Ten : and if they have under Seven, and sell all or any of them before Easter following, then to pay for so many as shall be sold the Tenth Shilling. But if they wean them and keep them another Year, a Penny for every Foal ; and not drive them to another year. For Lambs, they Tithe them at Shear- Day, the Owner to take two and the Parson the next, and so on for as many as there be, if but Seven he is to give back for what is wanting of Ten, half-pence a piece to the Owner. If a Man has under Seven, and wean them, half-pence apiece ; but if they are sold before Shear-Day, the Tenth Penny : if they are sold coupled Ewe and Lamb, before Shear-Day, the Parson to take his Lamb when they are to be had away, and for the Wool Ten Pence the Score. And if any be bought in before Candlemas, and are kept till Shear- Day, then the 1 Compare Article xxvi. This schedule of customary tithe at Cottenham occurs in the printed copy of the Articles of Agreement, but not in any of the written copies. COMMON RIGHTS 251 Parson is to have his full Tithe. But if after Candlemas, and are sold before Shear-Day, for so many Months as they go, Fourpence a Score. If Sheep be under a Month's feeding, no Tithe is due : but if above a Month, Tithe is due, as above mentioned. If any one remove his Sheep and depasture them in another Parish, what Tithe is due in that Place where they are kept is to be abated out of the Tithe at home. Tithe-Gozlings, at Seven, Eight, Nine or Ten, and for Chickens GOZLINGS. a Penny is paid per annum. For Communicants, every one at Easter Two-pence Oblations COMMUNI- Married or Single, unless it be a Single Man or Woman born in CANTS- Town and then they are to pay but a Penny. For Tithe Pigs, if there be seven of a Litter, the Parson is to PIGS. have One, allowing (as for the Calves) half-pence a piece ; if under Seven the Owner must pay half-pence apiece ; every Litter to be tithed by itself. For Eggs, every Family five Eggs, if they have any hens ; if no EGGS. Hens a Penny is to be paid. For Pidgeons the Tenth is to be paid ; as also for Fruit. PIDGEONS. Of Hemp the Tenth Sheaf. HEMP. Of Honey the Tenth Part. HONEY. No Tithe of Wood was ever paid in the memory of Man, but WOOD. instead, and for Pasturage on the Common, there is a Penny paid called anciently a Plow- Penny. No Tithe of Hay and Fodder in Smithy- Fen is or hath been HAY. paid in Kind, within the Memory of Man : but there is certain Parcels of the Ground before-mentioned, yearly laid out for the Parson, amounting to the number of Forty Acres, instead of the Tithe of the said Fen ; which is likewise exempted therefrom by Virtue of the Composition in the twenty-six Articles. All the antient Inclosures do pay Tithe of Hay in Kind, when they happen to be mown ; but divers late Inclosures are exempted by the Composition, made between the Lords, the Parson and the Tenants ; because the Parson hath allotted (instead thereof, and of a Sheep- Walk, and of such other Tithes as have not been usually paid within this 252 COMMON RIGHTS Parish of Cottenham) an Inclosure of Seventy Acres, besides an ample Improvement to the Parsonage of One Hundred Marks yearly at least in other things and Profits, on account of the said Composition. MARRIAGE. For Marriage, Fifteen Pence is due to the Parson, and to the Clerk Four Pence. CHRIST- For Christning and Churching Eight Pence : if the Child live till the Woman be Churched ; but if it die before, only Two Pence. BURIALS. • . For Burials, Mortuaries are paid. COMMON RIGHTS AT STRETHAM EXTRACTS FROM A DECREE MADE BY THE COURT OF EXCHEQUER TRINITY TERM 5 JAMES I CON- FIRMING AN AWARD MADE BETWEEN SIR MILES SANDYS LORD OF THE MANOR OF STRETHAM (CAMBRIDGE) AND THE TENANTS AND COMMON- ERS OF THE MANOR. And it is alsoe by this Courte ordered and decreede that every Copieholders Copiholder of a yard land Copihold held of the said Mannor of y°^riyUfor Streatham his heiars and assignes shall yearelie well and sufficientlie the Lord: plowe, in wheate seede one acre of land once over onelie for the said Sir Myles Sandis, his heires and assignes lords of the said Mannor of Streatham, And in barlie seed one other acre of land once over onelie, and accordinge to that proporcion for every half yard land to plowe half an acre in wheat seede once over onelie, and halfe an acre in Barlie seede once over onelie, and accordinge to a greater or lesse proporcion of Copihold landes which haue byn parte of the yard or half yard lands more or lesse plowinge, They the said Sir Miles Sandis, his heires and assignes, lordes of the said manner makinge vnto the said Tenantes the vsuall allowances due for the said workes. And the Tenantes of the said Copihold howses or Tenementes which haue byn accustomed for theire said howses or Tenementes to doe certaine workes called pownd Reapes they, theire heires and P°und assignes, shall for ever doe the said workes and in suche manner bee done by and sorte as the same haue vsuallie of late byn done the Lordes of theTennants to the Lord, the said manner makinge vnto them the vsuall allowances due for the same, and noe other. And that the said Sir Miles Sandis his heires and assignes Lordes of the said Mannor of Streatham shall Foldeage of haue the folda ^e in his and theire fold within the said Mannor Cottagers onelie of such Cottagers sheepe as haue vsuallie folded the same in Lords folde. 254 COMMON RIGHTS AT Coppihold- crs, Ten- nants and Cottagers quietlie to enjoy their holdes. the Lordes Folde and of soe many onelie of the sheepe of such Cottagers as are And ought to be kept by them in the Right of theire Cottages onelie. And that not any other Freehold or Copi- hold Tenant of the said Mannor, nor any other Owner or Inhabi- tant within the said Mannor shalbe from henceforth Compellable to fold his sheepe in the Lordes fold, but that it shalbe for ever heereafter lawful to the said Freehold and Copihold Tenantes, and other Owners and Inhabitantes within the said mannor, and to every of them, theire and every of theire heires and assignes, to fold such sheepe as they or any of them maie lawfullie keepe in the Fieldes and Commons of Streatham aforesaid vpon theire or any of theire landes at theire seuerall wills and pleasures, without the Interrupcion of the said Sir Miles Sandis his heires and assignes. And it is alsoe by this Courte nowe ordered and decreede that all the Copihold Tenantes and Cottagers of the said Mannor of Streatham theire heires and assignes shall against the said Sir Miles Sandis, his heires and assignes Lordes of the said Mannor of Streatham, for ever heereafter severallie haue hold, and enioy quietlie and without his or theire interrupcion all the land meadowe pasture and marish nowe in the seuerall occupacion of them or any of them or of theire seuerall assignes as parcell or now reckened, accompted, reputed or occupied as parte or parcell of the said seuerall Copiholdes or Cottages yet vnder and subiecte vnto the auncient forfeytures, Conditions, Customes, Dueties and services other then such as are heereafter heerein decreed to be discharged or dispenced withall. And that the said Sir Miles Sandis, his heires and assignes Lordes of the said Mannor of Stretham, shall for ever heereafter be barred vnder colour of demeasne landes to demaund against the said Copihold Tenantes or Cottagers or against Theire heires or assignes anie of the landes, pasture, mea- dowe, or marishe now by them or any of them, or by theire or any of theire assignes vsed as parcell of the said Copiholdes, or Cot- tages aforesaid. And that the said Sir Miles Sandis, his heires and assignes Lordes of the said Mannor of Streatham, shalbe from henceforth debarred from all manner of Claime and demaund COTTENHAM AND STRETHAM 255 whatsoever vnto the heriottes and Dales workes pretended to be due from anie of the Freehold, or Copihold Tenantes, or Cottagers within Streatham and Thetford aforesaid, or from theire or any of theire heires, or assignes except the Daies workes afore by theise presents decreed and appointed to be done for the said Sir Myles Sandis, his heires and assignes, by the Cottagers and Copiholders aforesaid. And alsoe it is nowe ordered and decreed by this Courte that the said Sir Miles Sandis, his heires and assignes lordes of the said Manner of Stretham, shall for ever heereafter be debar- red from the demaunding or having anie greater Fine vpon or for the admission of any Copiholder or Cottager within the said mannor to any such Copihold or Cottage, or to any the landes, meadowe, or Marishe therevnto nowe appertaininge or belonginge, or heere- after to be apertaininge or belonginge otherwise then onelie pro- portionablie after the rate of one yeares value of the Lordes old and vsuall rent of the said Copihold or Cottage, and the landes meadowe and Marishe therevnto nowe belonginge, or heereafter to be appertayninge, whervnto admission is to be made or given, excepting onelie the next Fines due or to be due for or vpon the next admission vnto the Copihold landes, tenementes and heredi- tamentes alreadie Surrendred or discended, or agreed vpon before the fifteenth daie of May last paste to be heereafter surrendred. And alsoe by this Courte it is ordrecl and clecreede that it shalbe lawfull for the Copiholders and Cottagers of the said Mannor of Streatham, theire and every of theire heires and assignes, to fell and sell theire woodes and Timber growinge vpon anie of theire Copiholdes or Cottagholdes at all times, without demaundinge anye licence therefore of the said Sir Miles Sandis, his heires and assignes lordes of the said Mannor, and without incurringe anie daunger of forfeyture therefore, or for anie other wast Committed or to be Committed by the said Copiholders or Cottagers, theire or anie of theire heires or assignes, vpon theire said Copiholdes or Cottages, except the wilfull pullinge downe of theire Copihold howses or Tenementes and not reedifienge the same within three yeares next after suche pullinge downe, and except alsoe the wilfull Noe herriots to be paid to the Lord heerafter nor dales workes. Fine Cer- taine onelie, due to the Lord. Power giuen to Coppihol- ders to sell the trees groweing on their Coppi- holds. Coppihold- ers to reedi- fietheirCop- piholdes. 256 COMMON RIGHTS AT permitting theire Copiholde bowses or Tenementes to decay, and to continue in decay vnrepayred by the space of three yeares after notice or warning given by the Lord of the said Manner for the time beinge or his Bayliffe to the Copihold Tenant or Cottager of the same howses or Tenementes wilfullie permitted to continue in decay, for the repayringe or reedifienge the same. And that it shall be lawfull for all or anie the said Copiholders, and Cottagers Tenantes of the said Mannor, theire and every of theire heires and Lawfulness assignes, from time to time and att all times heereafter, at his and holders ?o tneire pleasures, to demise his or theire sayd Copiholdes.and Cot- lett their tages, or anie parte thereof for the tearme of one and twenty yeares or vnder vnto such persons as the said Copiholder or Cottager shall thinke fitt without incurringe any forfeyture therefore, soe that the said Copiholder soe demisinge his said Copihold or Cottage, or anye parte thereof, at the Courte of the said Mannor of Streatham next followinge the said demise, or within one yeare next after such demise, doe paie or cause to be paid vnto the Lord of the said Mannor for the time beinge or to his Bayliffe proportionablie after the rate of one yeares value onelie of the lordes old and vsuall rent of the said Copihold or Cottage soe demised, or wheareof anie parte or parcell shalbe soe demised, for and in the name of a Fine. Sir Miles to And that if the said Sir Miles Sandis his heires or assignes shall purchased^ a* ame *mie hereafter acquire purchase or haue anie landes, Tene- houses as mentes or hereditamentes in Stretham and Thetford aforesaid, bitants^nd nowe ne^ occupied or enioyd by anie the Tenantes, Owners not other- Inhabitantes or Comoners aforesaid, that then he the said Sir Miles Sandis his heires and assignes shall in regard thereof haue such like interest lottes, partes, Commons, benetittes, and comodities Sir Miles onely and noe other nor otherwise in the said Fennes called Thet- tyedtothe ford Hall Fenne and Grvnty Fenne, and in the said sixteene Orders and bylawes of hundred acres to be assigned as aforesaid, then as the Owner or >tretham as Owners of the same enioyd, or rightlie might haue enioyd, by the others. Orders and Bylawes within the said manner of Stretham, And that COTTENHAM AND STRETHAM 257 for and concerninge such interest, lottes partes, Comonage, bene- fittes and Comodities as shall within the said Manner of Stretham appertaine or belong to the landes, Tenementes, or Hereditamentes by him the said Sir Miles Sandis, his heires and assignes, heereafter purchased, he the said Sir Miles Sandis, his heires and assignes shalbe stinted, ordered and directed in like sorte as other Tenantes of the said Manner by the Bylawes and orders heereafter to be made within the sayd Mannor of Stretham for the stintinge, order- A supposi- inge, directinge, governinge or severinge of the said growndes and Qniers and Commons heerin allotted vnto the now said Complainantes and Bylawes to other the Tenantes, Owners and occupiers in Stretham and Thet- i. Stint. ford aforesaid, Vnlesse the same be altred by a generall assent and ^' Direct consent of the said Sir Miles Sandis, his heires and assignes, and of 4- Gouerne. all the Tenantes, Owners, Inhabitantes and Comoners aforesaid. And this Courte doth alsoe order and decree that the said Sir Miles consent for Sandis, his heires and assignes, at all and every time and tymes alteration heereafter maie lawfullie and quietlye without the lett, trowble, ™°a major^ disturbance or deniall of the said nowe Complainantes or other the part onelie Tenantes, Owners, Inhabitantes, and Comoners aforesaid or of any of them, or of the heires or assignes of them or oi any of them, sir Miles his fence, ditche, and in severall inclose all the arrable landes, meadowes, power to and landes endes of him the said Sir Miles Sandis his heires or 6 assignes lyinge in the Fields of Stretham, or asmuch thereof as shall seeme good vnto him or them, in which arrable landes, meadowes, and landes endes, and in everye parte thereof soe inclosed, the said nowe Complainantes and other the Tenantes, Owners, Inhabitantes and Comoners aforesayd, and the heires and assignes of them and of every of them, are to be barred and excluded of and from all manner of Comonages and depasturinge sheepe or cattle ; and immediatelie vpon the incloasure of anie parte thereof as aforesaid, the said Sir Miles Sandis his heires and assignes are for ever to be Uppon en- barred and excluded from Keepinge anye cattle whatsoever as arable^and Lordes of the said Mannor of Stretham within anie the Comon Sir Miles is arable fieldes or Common waies or Comon meadowes adioyning to the Comon Arrable Feildes of Streatham aforesaid not inclosed. 258 COMMON RIGHTS AT An acre to And that yt shalbe lawfull for the said Sir Miles Saudis his heires irfleiw ofthe anc* assignes to erecte and hold one Cottage or Cote to be at the house and newe intended Ferry,not takinge therefore above one acre of grownd, where now allowinge for the same one other acre of like land and of like con- Jer. Town- dicion in some other place, and likewise allowinge to the Tenantes, ferriman? ** Owners Inhabitantes and Comoners in Streatham and Thetford March 22. aforesaid such freedome and priveledge of the Newe intended Ferry for the price of the ferriage of themselues, theire families, .servantes Priueledg of anc* cattle over the River from the one side of the newe intended ferriage. Ferry vnto the other side thereof, as they haue heertofore enioyd at the old Ferrye. And this Courte doth alsoe order and decree Sir Miles and that the said Sir Miles Sandis his heires and assignes shall, with for eveTex- the Apostle in every yeare vntill all the harvest of the sayd Towne of Streatham be fullie ended ; and that parcell of the said sixteene hundred acres called Stallocke and soe much of the said Fenne called Haie Fenne as shall be comprised within the said sixteene Horse hundred acres yearelie from the Feast daie of the Annunciacion of the blessed Virgin Marie vntill the full end likewise of the said harvest shalbe fedd onelie with theire Workinge horses, and that noe sheepe shalbe fedd or kept upon the sayd growndes in anie yeare betweene the said Feast Daie [of the Annunciacion of the blessed Virgin Marie and the feast day] l of Sct Andrewe the Apostle. And lastlie it is ordered and decreed by this Courte that the greater parte of the Comoners of each of the said two Townes of Streatham and Thetford respectivelie shall and maie from time to time have Power power and authoritie, without the assent or intermedlinge of the l^ke By- said Sir Miles Sandis his heires or assignes Lordes of the said lawes. Manner, to make Orders and Bylawes for and towching the feedinge of such Fenne growndes as are in or by this order and decree severallie allotted to each of the said Townes. And that to and for the keepinge and performinge of such orders and Bylawes soe to be made, not onelie the makers of and assenters vnto the said Orders and Bylawes, but alsoe all the other Comoners of both the Townes are tyed and bound by the decree of this honourable Courte. 1 These words omitted, but supplied from the certified copy. Fanshawe Termino : Pascae Jacobj 11° A COPPIE OF AN AFFOEDAUIT MADE BEEFORE THE BARONS OF THE EXCHEQUER. l Cant. Memorandum quod Mich : Flud de Stretham clerke et Tho ; Frankham de Thetford infra Insulam Eliensem in comitatu Cante- brigie venerunt coram Baronibus Scaccarij xxvto die Maij hoc termino in proprijs personis et sacrum suum praestitere corporate in his Anglicanis verbis sequentibus viz : That whereas within the Commons and common Fenn grounds of Stretham and Thetford aforesaid the Commoners and Inhabi- tants of each towne respectiuelie haue had libertie, and of right ought to haue libertie, of feeding and depastureing their workeing horses and workeing mares. Now these deponents say that by reason of libertie giuen to the greater part of either towne aboue- said respectiuelie by an order or decree made in this Courte, in Trinitie terme Anno 5° Jacobj, giueing power to make bylawes, the commoners and inhabitants of Stretham and Thetford aforesaid are debarred of their auncient libertie by a bylawe made by the greater part whereby the Commoners of Stretham are not allowed to keep a sufficient and competent number of workeing horses or workeing mares there. And the Commoners and inhabitants of Thetford aforesaid haueing libertie to feed as aforesaid are, by a bylaw latelie made, vtterlie debarred and excluded from keeping anie manner of workeing horses or workeing mares vppon those commons, where by auncient custome and by right they ought to bee kept, whereby the arable lands of Thetford aforesaid especiallie lie vntilled and the corne now groweing within the sayd feilds not like to bee preserued in due time at haruest for want of workeing horses and workeing mares for the necessarie vses of the common- ers of each towne aforesaid. Soe, &c. Praestitere sacramentum suum 25 die Maij 1609. Geo : SNYGG,. 1 Originally written "to bee made beefore a master of Chancerie," and altered as above. ORDERS SET DOWNE THE 28 OF JUNE 1609 BY SIR MILES SANDYS, SIR RICHARD COX KNIGHTS AND JEAMES TAYLOR DOCTOR OF DIUINITIE FOR THE INHABITANTES OF STRETHAM WITHIN THE ILE OF ELIE AND COUNTIE OF CAMBRIDG CONCERNING THE VSAGE OF THEIR COMMON IN STALLOCK AND HAY- FENN WITH THEIR WORKEING HORSES AND WORKEING MARES BY VERTUE OF A COMMISSION TO VS AND OTHERS DIRECTED OUT OF HIS MAIESTIES COURT OF EXCHEQUER FOR THAT PURPOSE.1 First it is ordered by the sayd Commisioners ' that the sayd 5- workeing inhabitants within the towne of Stretham or the precincts thereof ^erie ' haueing anie auncient commonable messuage or Tenement shall auncient and may, by right of his or hir sayd messuage or Tenement, yearlie house0"* depasture in the sayd Commons fiue workeing horses or mares with their foales, soe they bee of his or hir owne proper goods and at such times of the yeer onelie as hee or shee of right beefore this order might haue done, for the bringing home of fother and turffs for his or hir provision. Item, it slialbee lawfull for anie of the said inhabitants, haueing 6. horses for an auncient Commonable messuage or tenement as is aforesaid a wherewith hee or shee vseth in tillage within the Mannor of Stretham to the number of fifteen acres or vnder, to depasture one 1 No doubt this Commission was the result of the complaint made by Michael Fludd and Thomas Frankham, 25 May 1609, as to the insufficient number of - working horses allowed to be fed on the Commons. See p. 260. 262 COMMON RIGHTS 7. for 30 acres. 8. for 45 acres. 9. for 60 acres workeing horse or mare with hir foale aboue the number of fiue in the Commons aforesaid of his or hir owne proper goods and in manner aforsaid, and that by right of his or hir said messuage or tenement. And for him or hir that vseth in tillage as aforesaid to the number of 30 acres, to depasture two workeing horses or mares with their foales aboue the sayd number of fiue in the Commons aforesaid of his or hir owne proper goods and in manner aforesaid by right of his or hir said messuage or tenement. And for him of hir that vseth in tillage as aforesaid to the number of 45 acres, to depasture three workeing horses or mares with their foaies of his or hir owne proper goods aboue the said number of 5 in the commons aforesaid and in manner aforesaid by right of his of hir said messuage or Tenement. And for him or hir that vseth in tillage as is aforesaid to the number of 60 acres, to depasture fower workeing horses or mares with their foales of his or hir owne proper goods aboue the said number of fiue in the Commons aforesaid and in manner aforesaid by right of his or hir said messuage or tenement. Item, it shalbee lawfull for the Parson of Stretham for in regard of getting in his harvest within the Manner to mares more haue and depasture yeerlie in the said Commons aboue the rates aforesaid three horses or mares with their foales of his owne proper goods and in manner aforesaid, by vertue of his Parsonage house being a Commonable house. Lastelie, that noe man shall presume to exceed the rates afore set downe or disturbe anie Comoner in keeping accordeing to the rates aforesaid vntill it shalbee otherwise ordered in his Maiesties Court of Exchequer. Parson to keep 3 horses ^ than anie man. MILES SANDYS. R. Cox. JAMES TAYLOR. ORDERS SET DOWNE THE 28 OF JUNE 1609 BY SIR MILES SANDYS, SIR RICH. COX, KNIGHTS, AND JAMES TAYLOR DOCTOR OF DIUINITIE FOR THE INHABITANTES OF THETFORD WITHIN THE ILE OFELIE AND COUNTIE ForThetford OF CAMBRIDG, CONCERNING THE VSEAGE OF THEIR COMMON IN GOLDESMORE VNDE- UIDED WITH THEIR WORKEING HORSES AND WORKEING MARES BY VERTUE OF A COMMISSION TO VS AND OTHERS DIRECTED OUT OF HIS MAIESTIES COURT OF EXCHEQUER FOR THAT PURPOSE. First it is ordered by the said Commissioners that'euerie inhabi- 3- horses, tant within Thetford or the precincts thereof, haueing anie auncient Commonable messuage or tenement, shall and may, by right of his or hir messuage or tenement, yeerlie depasture in their said Commons three workeing horses or workeing mares with their foales, soe they bee of his or hir owne proper goods and at such time of the yeer onelie as hee or shee of right in former times beefore this order might haue done, for the bringing home of fother and turff for his or hir owne prouision. Item, &c. '[This section is similar to the corresponding section 4- for of the rules made for Stretham, except that there is no reference ^ to any holding of more than 45 acres, " which number noe com- 15 acres, moner doth now exceed."] ^ fa°crres Item, it shalbee lawfull for the Lord of Thetford or his fermor by The Lord to right of his manner house, beeing an auncient commonable mes- eep 5> suage, to depasture two workeing horses or mares with their foales 18 264 COMMON RIGHTS in the commons aforesaid and in manner aforesaid aboue the said number of three, in regard hee hath euer of olde been allowed a greater proportion both of moweing and feedeing within the Commons then other commonable houses. Lastelie noe man shall presume to exceed the rates afore sett downe, beeing verie sufficient for all sortes, they haueing beesides verie good entercommons to put in their workeing horses and mares, nor to disturbe anie commoners in keeping accordeing to the rates aforesaid vntill it shalbee otherwise ordered in his Maiesties Court of Exchequer. MYLES SANDYS. R. Cox. JAMES TAYLOR. CERTAINE ORDERS, BYLAWES AND PAYNES MADE BY THE LEETT HOLDEN AT STRETHAM THE 29 OF APRILL A°. DOJ. 1614 WITH CERTAYNE ORDERS AND BYLAWES MADE AND AGREED UPON BY THE COURT LEET AND ALSOE THE COURT BARON HOLDEN AT STRETHAM AFORE- SAID WITHIN THE ILE OF ELIE AFORESAID THE DAY AND YEER ABOUEWRITTEN. 1. Imprimis wee finde Thomas Egnie faultie in that hee hath not scoured his drayne, and therefore wee doe payne him to amend it by the 10th of May next comeing in, iij. s. iiij. d. 2. Item, there standeth a wall uppon the common where Richard Sheirbrooke dwelleth, and wee doe enjoyne him to put it downe by the 10th of May nexte, in payne of 5s. 3. Item, wee finde that the chimney where widow Salmon dwells is in default, and wee doe payne hir to amend it by the 15th of May next, in payne of 20s. 4. Item, wee finde that Francis Barker hath cast up a ditch from clay lakes end vnto Elford which is a great annoyance to our Heard, and wee doe enjoyne him to throw it or cast it in agayne by the 12th of May next comeing, in payne of 5/z. 5. Item, wee order and appoynt that noe man woman or childe shall sett anie* nett or netts in anie of our common lakes or ditches after sunn bee downe halfe an howre, in payne for euerie default soe proued, iij. s. iiij. d. 6. Item, wee find that John Ramsies chimnie is in default and wee doe payne him to amend it within 10 dayes in the summ of 10s. 7. Item, wee finde Richard Sheirbrooke dwelleth vppon a ground 266 COMMON RIGHTS encroached vppon the common and therefore wee payne him to amend it within 14 dayes in 40s. 8. Item, we finde Christopher Isacson hath taken in to his house one Robert Webb and wee payne him to auoyd him by Whitson- tide next comeing or to put in securitie to discharge the towne, to the constables and churchwardens for the time beeing, in x. li. 9. Item, wee finde George Wells is taken into the towne by Wm. Piggott and wee payne him to auoyde him by Whitsontide next or to put in securitie to discharge the towne, to the constables and churchewardens for the time beeing, in payne of 10#. 10. Item, wee agree that euerie man shall make his part sufn- cientlie in the pound wall yeerlie and euerie yeer within 4 dayes warning giuen by the constables or fennreeues vppon payne to forfeit for euerie such default, iij. s. iiij. d. 11. Item, wee agree that euerie man shall make his Particular part on the East side of Bar-lake from tyme to tyme within 3 dayes after warning giuen by the fenreeues vppon payne to forfeit for euerie default, iij. s. iiij. d. ORDERS AND BYLAWES MADE AND AGREED VPON BY THE COURT LEET AND ALSOE THE COURT BARON HOLDEN AT STRETHAM WITHIN THE ILE OF ELIE THE 29th OF APRIL IN THE i2th YEER OF THE REIGNE OF OUR SOUERAYGNE LORD JAMES BY THE GRACE OF GOD KING OF ENGLAND &c. AND OF SCOTLAND THE 47th ANNO DOMINI 1614. 1. Imprimis wee order. and appoynt that whereas diuers idle Gleaneing. euill disposed persons vnder pretence and colour of glayning doe often times in time of Haruest yeerlie take and carrie away much of the corne and grayne of diuers of the inhabitants of Stretham, by meanes whereof the true owners and occupiers of the aforesaid lands haue not sufficient libertie to suffer their tcorne beeing reaped, mowed, and shocked in the feilds to haue that wythering and season of the yeare that were requisite. For remedie whereof None to wee appoynt that at noe time or times heerafter it shalbee lawfull ^ter^harue for anie person or persons whatsoeuer within the parish of Stretham aforesaid to gleane, perceaue and take anie corne or grayne in and vppon anie part or parcell of the arable or corne feildes beelonging to the manner of Stretham aforesaid. Nor shall cause or procure anie person or persons whatsoever directlie or indirectlie to gleane, perceaue and take anie corne or grayne in or vppon anie part or parcell of the said arable or corne feildes vntill the Harvest there bee fullie ended, vppon payne to forfeit for euerie such particular default and for euerie time soe gleaneing or offendeing, the somm of nue shillings, to bee forfeited and leuied Poena 55. by way of distress of such offenders or such persons who shall procure, abett, or giue entertaynment or harbor to anie such person or persons whatsoeuer so gleaning as is aforesaid. 268 COMMON RIGHTS AT None to 2. Item, wee order and appoynt that notwithstanding this order 16 or aforesayd it shall and may bee lawfull to and for anie man, woman aboue or childe, beiug vnder the age of 16 yeeres and aboue the age of 60 yeeres, or beeing otherwise sicklie and not able to worke a dayes worke in tyme of Harvest, soe to be adjudged by the Parson and churchewardens for the time beeing, and not haueing vseing or occupieing anie part or parcell of a commonable messuage as aforesaid, to gleane lawfullie anie such scattered corne or grayne as shalbee left by the owner or owners thereof then and after that all the grayne (the gleanings and scatterings onelie excepted) shalbee carried away and not beefore. Soe that such gleaner or gleaners doe not gleane within the bredth of 3 lands of anie corne slandeing Poena 55. or lying vncarried, vppon the payne aforesaid to bee forfeited and leauied of the persons aforesaid. Noe owner 3. Item, wee order and appoynt that it shall not bee lawfull for gleaners on arue owner farmer or occupier of anie lands within the feilds or his land. limitts aforesaid to suffer or permitt anie person or persons to gleane or gather vppon his or anie of their lands, soe occupied as aforesaid, contrarie to the true intent and meaneing of anie of the Poena 5$: orders aforesaid, anie corne or grayne whatsoeuer, vppon payne to forfeit and pay for euerie suche default the summ of fiue shillings, to bee leauied of the offenders goods by way of distress as aforesayd. Not to gleane 4. Item, wee order and appoynt that it shall not bee lawfull for the morning a™e Pei'son or persons whatsoeuer to gather or glayne anie after 6 at scattered corne or grayne in and vppon anie part or parcell of the arable or corne feilds beelonging to the Manner of Stretham aforesayd beefore the houres of 8 of the clock in the aforenoone daylie and euerie day in time of harvest yeerlie, nor after the howres of sixe of the clock in the afternoone daylie and euerie day Poena 55. yeerlie, vppon payne to forfeit and pay for euerie such particular default, the summ of fiue shillings of lawfull monie of England, to bee leauied and taken by way of distress out of all or anie the offenders goods : Or otherwise to bee leauied or taken by way of distress out of all or anie the goods or chattels of anie person or COTTENHAM AND STRETHAM 269 persons who shall procure or suffer abett or giue entertaynement to anie such gleanor or gleaners as aforesaid. 5. Item, wee order and appoynt that it shall not bee lawfull for None to anie person or persons whatsoeuer to gleane, take, or gather anie fayn"e ir scattered corne or grayne within anie part or parcell of anie the weather, arable lands within the liberties of Stretham aforesaid at noe unreasonable tyme or tymes (that is to say) when as by reason of rayne or anie other unseasonable weather the corne and grayne beeing within the feilds of Stretham aforesaid is not in good case or meet, or fitt to bee carried home by the owners thereof, soe to bee adjudged by the Parson or his sufficient deputie for the time beeing, vppon payne to forfeit and pay for euerie such particular Poena ros. default the summ of tenn shillings of good and lawful monie of England to be leauied and taken by wray of distress out of all or anie of the offender or offenders goods or chattells or to be leauied and taken out of all or anie the goods or chattels by way of distress as aforesaid of anie person or persons who shall procure suffer abett, giue harbour or entertaynment to anie such gleanor, or gleaners as aforesayd. 6. Item, wee order and appoynt that it shall and may bee lawfull Either for the Parson of Stretham for the tyme beeing, or his sufficient owner may deputie or deputies, or for anie owner, farmer or occupiers of anie distreine arable lands within the fields and lymitts of Stretham aforesaid to moietie to collect, leauie and take all or any the summ or sommes of monie the Lord the by way of distress as aforesaid and being payable as aforesaid. Distreiner And to render and giue vp the moyetie and one halfe thereof onelie to the Lord of the manner of Stretham aforesaid or to his bayliff for the time beeing within six dayes next after anie such some or somes of monie shalbee had and recouered as aforesaid. And the other halfe or moyetie thereof all charges and expences of the law if anie shall happen beeing first deducted to take and convert to his or their owne proper and priuate vse or vses anie thing in this order notwithstanding. 7. Item, wee order and appoynt that its hall not bee lawfull for None to giue leaue to anie person or persons haueing or which shall haue anie Pease or gather Pease 270 COMMON RIGHTS AT without sendeing one of his house with them. Poena 55. None to gather Pease without a Deputie. Poena 55. Parson or owner to take away gleanes. Beanes groweing in anie of the feilds of Stretham aforesaid to procure, suffer or giue leaue to anie person or persons whatsoeuer to take or gather anie pease or beanes in or vppon anie of his or their land or lands within the feilds aforesaid. Except that euerie such person or persons, soe haueing Pease or beanes groweing as aforesaid, shall first procure and send one of his owne familie to bee continuallie present with such person or persons to whom hee shall giue or graunt such leaue to gather as aforesaid soe long as anie such person shalbee gathering, vppon payne to forfeit and pay for euerie time soe offendeing the summ of fiue shillings, to bee leauied by way of distress as aforesaid and to bee collected as aforesaid. 8. Item, wee doe order and appoynt that if anie person or persons whatsoeuer shall at anie time heerafter take or gather anie pease or beanes in or vppon anie land or lands of anie person or persons within the feilds and limitts aforesaid and not haueing his or their sufficient deputie or deputies beeing one of his owne familie soe present as formerlie is appoynted, then euerie such person or persons soe offendeing and all and euerie other person or persons who shall procure, abett, giue harbour or entertayn- ment to anie such offender as aforesaid shall forfeit and pay for euerie such particular default and for euerie time soe offendeing, the summ of fiue shillings, to bee forfeited and leauied by way of distress as aforesaid and to bee collected as aforesaid. 9. Item, wee order and appoynt that if anie person or persons whatsoeuer shall at anie time heerafter gleane, perceaue and take anie corne or grayne whatsoeuer within the limits of Stretham aforesaid contrarie to anie of the orders heerin mentioned, then it shall and may bee lawfull for the Parson of Stretham or his deputie or anie owner, farmour or occupier of anie arable lands beeing within the limits of Stretham aforesaid to take away all such gleaned corne which shalbee soe gleaned or vehementlie sus- pected and adjudged to bee soe gathered or gleaned contrarie to anie of the orders aforesaid, and the same soe taken away to scatter abroade to anie of the shocks next adjoyneing of that COTTENHAM AND STRETHAM 271 kinde of grayne or otherwise to dispose of at his or their owne best likeing. 10. Item, wee finde that wortt loade is not sufficientlie scowred Defaults. and clensed and wee doe order and appoynt that Francis Barker Wortloade. the now f armor thereof shall dense, rooke, haffe and scowre the same from side to side at the full bredth thereof, as it vsuallie hath been or ought to haue been, beefore the last day of May next comeing ; And soe keep it clensed, rooked, haffed, and scowred, vppon payne to forfeit and pay the summ of fine poundes. And that euerie other person which shall at anie time heerafter haue, houlde, occupie, vse, or enjoye the aforesaid Loade called wortt loade shall likewise dense, rook, haff and scowre the same from side to side at the full breadth and soe keep it continuallie from time to time and at all times heerafter, vppon like payne to forfeit and pay the summ of riue pounds as aforesaid of good and lawfull monie of England. 11. Item, wee rinde that there hath been heertofore auncientlie a Long-lake. load or drayne from the new coate now called Barkers coate which leacleth through the cowpasture and horsepasture and soe in to Hay fenn and from thence into the lake called long lake beeing within the 100 acres which vsuallie hath been heertofore clensed and cast by the inhabitants of Stretham vnto long lake, aforesayd and therefore wee order and appoynt that the sayd loade or drayne leacleing from Barkers coate as aforesaid to the lake called long lake shalbee by the inhabitants of Stretham afore- said scowred, haffed, clensed and cast in such bredth as it shalbee sett out and thought fitt to bee done by the constables of Stretham aforesaid, accordeing to the custome of the manner aforesaid, bee- fore the last' day of Julie next comeing, vppon payne to forfeit and pay the summ of fiue pounds. Soe that Sir Miles Sandys knight will make the like drayne thorough the 100 acres. 12. Item, it is ordered by the said Jurie that if anie person or persons inhabiting within the towne and limitts of Stretham shall refuse or neglect to doe such worke and works for the scowring and clenseing of the aforesaid draynes, beeing sett out 272 COMMON RIGHTS AT and thought fitt to bee done by the constables as is aforesaid, as hee or they ought to doe, and beeing therevnto warned by the constables aforesaid accordeing to the custome of the said Manner, that then euerie person soe offendeing shall forfeit and pay for euerie pole and soe after the rate of a greater or lesser proportion soe sett out for him to doe and not perfited and sufficientlie done accordeing to the appoyntment and likeing of the constables aforesaid by or beefore a certayne day which the constables shall then limitt and appoynt, the summ of tenn shillings of good and lawfull monie of England. 1 3. And for that the neglecting or ref useing of the scowreing clenseing or ditching of anie part of the aforesaid drayne may bee verie prejudiciall and hurtful to diners of the inhabitants aforesaid who shall well and sufficientlie scowre and dense their parts, accordeing as it shalbee by the said constables aforesayd appoynted; Therefore wee order and appoynt that it shall and may bee lawfull for the constables for the time beeing to collect and gather by way of distress the aforesaid summ of 10s. of euery person or persons who shall soe neglect or refuse to doe and perfitt his or their part or parts, accordeing to the day and manner thereof, as it ought to haue been done, and the monie soe collected and gathered or soe much thereof onelie as shalbee fitt and necessarie to bee imployed in and about the aforesaid business shalbee by the constables aforesaid vsed and imployed in the makeing or mending such places neglected as aforesaid. And the ouerplus thereof to their own proper vse or vses. 14. Item, wee linde that a lake called thorough lake, beeing an auncient drayne or Sewer, is not sufficientlie scowred and clensed. And wee order and appoynt John Coateman the elder now owner thereof shall dense, rook, haff, and scowre the same from side to side at the full bredth thereof, as it vsuallie hath been done or ought to haue been done, beefore the last day of May next comeing And soe keep it clensed, rooked, haffed and scowred vppon the payne to forfeit and pay the summ of fiue pounds of good and lawfull monie of England. And that euerie other person COTTENHAM AND STRETHAM 273 which shall at anie time heerafter haue, hold, occupie, vse, or enjoy the aforesaid Lake called Thoroughout lake shall likewise dense, rook, haff, and scowre the same from side to side at the full bredth and soe keep it continuallie from time to time and at all times heerafter, vppon the payne to forfeit and pay the somm of fiue pounds aforesaid of good and lawfull monie of England. 15. And whereas the Inhabitants of Stretham aforesaid haue heertofore to their great charge Banked much of their cowpasture and horsepasture for the better preservation thereof to bee kept from invndation and ouerfloweings of water which often times doe happen, Therefore wee doe order and appoynt that if the con- Neglect as stables of Stretham aforesaid shall appoynt and sett downe by the Horse publique warning giuen by them, or otherwise by priuate warning pasture . ,, . , ,, . Cowpasture ouer night, ame common dayes workes for the keeping, mayn- tayning, or amendeing of all or anie the aforesaid Banks or for the new makeing of any banks within anie other part of the cowpasture or horsepasture aforesaid ; Or shall otherwise lay out and appoynt the same to bee done by lotts and parts, Then euerie such person or persons soe refuseing or neglecting to doe his or their part or parts, soe sett out and thought fttt to bee done by the constables aforesaid accordeing to the custome of the manner aforesaid, shall forfeit and pay for euerie pole and soe after the rate of a greater or lesser proportion soe sett out for him or them to doe and not perfited and sufficient! ie done accordeing to the appoyntment and likeings of the constables aforesaid, the summ of 10s. of good and lawfull Poena ios. monie of England, to bee leauied and taken by the constables of the goods of such offenders and to bee employed as formerlie is appoynted. And that euerie person or persons who shall refuse or neglect to doe his or their common dayes worke or workes, beeing thereunto warned as aforesaid, or shall not procure or send a sufficient person in his roome or stead from time to tyme and at all times heerafter soe to bee adjudged by the constables for the time beeing, then euerie such person or persons soe offending shall forfeitt and pay for euerie such particular default and for euerie such particular day or time soe neglected or omitted, the 274 COMMON RIGHTS Poena ij. s. somm of ij. s. to bee taken and leauied out of the offenders goods by the constables aforesaid by way of distress and to bee imployed by them as formerlie is appoynted. None to 16. Item, wee doe order and appoynt that if anie person or downe anie Persons whatsoeuer shall at anie time heerafter cutt, breake, throw banck made, downe, waste or destroye anie Hill or Banck now made or which shalbee heerafter at anie time made for the preservation of anie of the commons aforesaid except it bee by the appoyntment of the constables and churchewardens of Stretham aforesayd for the time beeing then euerie such offender shall forfeit and pay for euerie Poena io//. such particular the summ of tenn pounds of good and law- full monie of England ; Or if anie person or persons shall sett his nett or netts in anie such breache, gapp, or gull, shalbee adjudged and reputed his fact and therevppon shall forfeit and pay the summ of 40s. of like monie of England. Noe cattle to 17. Item, wee order that noe person or persons shall put into bee put into e . .. . .A, . . , t. TT the feilds till anie °f our corne feilds anie cattle within six dayes after Harvest 6 days after bee done. haruest ended. Owners of ^ ig. Item, wee agree that the owner of euerie marke or flock of U^eSrf°aPfoot £eese °f one foot-marke shall pay vnto the fennreeues the somm marke for of fower pence for euerie default, goeing vppon the horsepasture gees goeing on horse or or cowpasture. cowpasture. [Here follows a list of 26 names of those who signed these orders.] CERTAYNE ORDERS AND BYLAWES MADE BY THE CONSENT OF THE MOST PART AND THE GREATEST NUMBER OF THE INHABYTANTS OF STRETHAM BOTH COPPIEHOWLLDERS AND FREEHOULLDERS AND OTHER COMMUNERS THERE ACCORDING TO THE DECREE AND ORDER VNTO THEM PRESCRIBED & SETT DOWNE OUT OF THE HONOURABLE CORT OF HIS MAJESTIES EXCHECKURE AS FOLLOWETH THE FOWRE AND TWENTY DAYE OF FEBRUARY 1622. 1. Imprimis it is ordered and agreed by the consent of the To common greater part of the Inhabytants aforesayd that ^it shall not bee lawfull for any freehowlder or coppyhowlder or inhabytant ing house Inhabyting or occupying any ancient communable messadge or ^ "e COUchant tennent to haue euse or inioye the feed common of any more on. communable howses then one, vpon which one he and his famylie shall for the most part bee coutching and abyding, vppon the payne to forfeit and pay for euerye such beast, cow, or calfe, horsse or mare soe kept contrarye to this order and bylaw in lue of anye suche double common for euerye particular default, the summ of Poena ios. tenn shillings of good English monie. 2. It is ordered and agreed by consent of the greatest part as None to aforesayd that it shall not bee lawfull for anie commoner aforesaid er to* to ioyne with anie other to make vp or keep anye part of the make vp full stint of milche kine, workeing horses, or workeing mares except coheireT & the sayd Cottage or tenement have heertofore or shall heerafter descend to anye coheyres, vppon payne to forfeit and pay for euerye such particular default the summ of tenn shillings. 276 COMMON RIGHTS AT Prouided allwayes that if, notwithstanding this order and bylaw, two seuerall persons shall and will keep cattle vppon the cow- pasture or horsepasture aforesayde whose goods shalbee seuerallie distinguished and knowne to either of them for that one common- able house onelye wherein the sayd two parties shall cohabit and dwell, that then it shall and may bee lawfull to and for the ouerseers of these orders, or their lawfull deputies, to impound the Cattel of all and euerye such double Commoner soe offendeing and to take for euerie beast soe kept contrarie to this order and bylaw for euerye particular default of euerye offender or offenders whose Poena IDS. goods shalbee soe impounded as aforesayd, the summ of x. s. of good and lawfull English monie. Cowpasture. 3. Item, it is ordered and agreed vpon by the consent of greatest 6 cowcs 2 weanelings. Par* °* *ne Inhabitants aforesaid that it shall and may bee lawfull to and for all and euerie the freehoulders, coppiholders, and Commoners inhabiteing and dwelling within the towne of Stretham aforesaid to keep (accordeinglie as is formerlie set downe) or depasture within the heardwalke of Stretham six milche kine and two weaneling calues onelie and noe more : Prouided alwaies that • if anie commoner aforesaid shall and will keep and depasture vppon the said heardwalke a sufficient bull which shalbee valued 7 cow's with at the summ of fortie shillings at the least, then euerie such com- moner soe keepeing such a sufficient Bull as is aforesaid shall keep one cow the more aboue the number of six formerlie proescribed And what commoner soeuer aforesaid shall exceed anie of these rates respectiuelie formerlie sett downe for euerie particular beast soe kept contrarie to this Order and bylaw, shall forfeit and pay the summ of tenn shillings of good English monie. 4. Item, it is likewise ordered and agreed that it shall and may bee lawfull for euerie commoner as is aforesaid to keep and depasture within the horsepasture in Stretham aforesaid called Stallock Hay Fenn, and the green, the number of 8 workeing foales vnder Horses or workeing mares with their sucking foales soe as the old!0' said sucking foales bee vnder the age of nine monethes olde and noe greater number and of noe greater Age vppon payne to forfeit Poena IDS. Horsepas- ture. 8 workeing ( horses ( mares with their COTTENHAM AND STRETHAM 277 and pay for euerie such particular horse or mare aboue the number of 8 as is aforesaid and for euerie such particular foale aboue the Age aforesaid the summ of tenn shillings of good English monie. 5. Item, it is ordered and agreed by consent as aforesaid that it shall and may bee lawfull to and for euerie Commoner as aforesaid not haueing his or their number or stint of milche kyne or workeing horses or workeing mares, to make vp the said number by hireing the same soe that euerie such commoner soe hireing as is aforesaid shall hier, haue and keep the same milche kine and workeing horses and workeing mares respectiuelie without fraud or guile for the space or terme of 6 monethes at the least and soe shall keep them, vppon payne to forfeit and pay for euerie such particular cow, horse or mare soe had or hired and not kept to the full number of the time of six monethes as is aforesaid, the summ of tenn shillings of good English monie. 6. Item, it is ordered and agreed that it shall not bee lawful for anie commoner aforesaid to keep and depasture anie weaneling calfe vppon the cowpasture aforesaid which hath been or shalbee calued beefore the feast of St. Michael yeerlie, to bee kept the summer followeing vppon the heardpasture aforesaid in the name of a weaneling calfe vppon payne to forfeit arid pay for euerie suche particular calfe, soe kept contrarie to this Order and bylaw the summ of liue shillings of good English monie. 7. Item, it is ordered and agreed that it shall not bee lawfull for anie commoner aforesaid to keep and depasture vppon the horse- pasture anie horse or mare vnder the age of two yeeres olde except the same horse or mare bee a common and vsual workeing beast or shalbee adjudged to bee fitt soe to bee for stature by the ouerseers of theise bylawes, vppon paine to forfeit and pay for euerie suche particular horse or mare soe kept contrarie to this order and bylaw the summ of x. s. of good english monie. 8. Item, it is ordered and agreed by the consent cf the greater part of commoners aforesayd that it shall not bee lawfull for anie person or persons whatsoeuer to keep or depasture within anie part or parcell of the sixteen hundred acres prescribed and sett Poena los. Lawfull to hire cattle to stock our Commons. Prouiso. Hired cattle to bee kept 6 moneths. Poena los. A prouiso or exception to the third Article for weanelings. Poena 55. A prouiso or exception to the fourth Article. Poena los. None to common but residents. 278 COMMON RIGHTS AT Poena IDS. Joysteing forbidden. Poena 405. A second prouiso against the 5th article. Poena 405. Agaynst infectious cattle. downe by the honourable court of his Majesties exchequer to the commoners and inhabitants of Stretham and Thetford onelie anie milche kyne, weanling calues, workeing horses or workeing mares, or anie other cattle of what qualitie or sorte soeuer the same bee or heerafter shalbee for anie commonable messuage or tenement within the bounds and lymitts of Stretham aforesayd, except euerye person aforesayd, or at least the wife, children, or familie of euery such person or persons so commoning as aforesayd, shall continu- allie bee resideing, abydeing, inhabiteing and dwelling in and vppon euerie such commonable messuadge or tenement, vppon payne to forfeit and pay for euerie such particular default and for euerie such particular beast soe kept contrarie to this order and bylaw the summ of x. s. of good english monie. 9. Item it is ordered and agreed by the consent of the greater part as aforesaid that it shall not bee lawfull for anie commoner whatsoeuer to colour or take to joyste anie beast whatsoeuer vppon payne to forfeit for euerie such particular beaste soe coloured and taken to joyst as is aforesayd the some of 40s. of good English monie. Prouided allwayes that if anie person or persons whatsoeuer beeing formerlie tolerated and allowed to hier his stynt of milche kyne and workeing horses for the space of six moneths as is aforesaid and shall not haue, vse, occupie, and enjoy all and euerie such beaste and beastes soe had, hyred, and obtayned by the whole terme and tyme of six moneths aforesayd, then euerie such beast, soe had hyred and beeing not kept by the space of six moneths aforesayd, shalbee adjudged to bee a coloured beast, and then euerie person who did keep such beast shall pay as is aforesayd the summ of 40s. of good english monie. 10. Item, it is ordered and agreed by the consent of the greater part as aforesayd that it shall not bee lawfull for anie commoner, or commoners whatsoeuer to depasture and put to feed within the bounds and lymits of the cowpasture or horsepasture of Stretham aforesayd anie Horse, Mare, cow, or other beaste whatsoeuer which shall anie way bee infectious but shall within one daies warning giuen by the ouerseers of these bylawes or the fenreeues for the COTTENHAM AND STRETHAM 279 time beeing remoue and put away euerie such infectious beast, vppon payne to forfeit and pay for euerie such infectious beast soe kept and not remoued from off the commons aforesayd the summ of tenn shillings of lawfull English monie. 11. It is ordered and agreed by consent as is aforesayd that it shall not bee lawfull for anie person or persons whatsoeuer to cutt, crop, or mow anie edich l or edgrowth, in anie common fenns of Stretham aforesayd at anie tyme in the yeer after it is or shalbee once mowen for that yeer, vppon payne to forfeit and pay for euerie such howres worke, and soe after the rate of a greater or lesser proportion of time the some of fiue shillings of good English monie. 12. It is ordered and agreed by the consent of the greater part as aforesayd that it shall not bee lawfull for anie person or persons whatsoeuer to brink cart, or carrie anie Hay, stouer, or fodder out of anie of those grounds called Feedall fenn, charfen Hills, or willow fen into or thorough anie of those our commons called Howie fenn and charr fenn playne, or into anie partes or members of the sayd fenns for anie stranger or strangers whatsoeuer, not beeing a commoner in Stretham aforesaid, vppon payne to forfeit and pay for euerie such loade or carriage soe car'ted or carried as is aforesayd the summ of fiue shillings of good english monie. 13. Item, it is ordered and agreed by the consent of the greater part as is aforesayd that it shall not bee lawfull for anie person or persons whatsoeuer or anie their assignes to cutt or digg anie Hassocks, fireing or turberie within anie part of anie of the com- mon fenns of Stretham aforesayd called Lazer, charfenn playne and Howie fenn, vppon payne to forfeit and pay for euerie such howres worke and soe after the rate of a greater or lesser propor- tion of time the summ of v. s. of good English monie. 14. Item, it is ordered and agreed by the consent of the greater part as aforesaid that euerie person or person whatsoeuer haueing anie part or partes in the partition ditch called Barlake, which is beetween the [cow-] pasture and horsepasture of Stretham afore- 1 This term applies strictly to the growth on the stubble, (or haulm), field, but is here used of aftermath generally. Poena 105. Fodder to bee but once mowen in cache yeer. Poena 55. Noe fodder to bee carted or carried for strangers. Poena 55. Noe fireing to bee cutt and taken out of the common fenns. Poena 5s. Euerie man to scowre his part in Barlake ditch. 280 COMMON RIGHTS AT Poena 35. [sic.-] Prouiso. Debarring of horse from cowpasture : cows from horse- pasture. Poena 55. Agaynst By-heards. said, shall yeerlie and euerie yeer from time to time and at all times needfull and convenient ditche, scowre, dense and sufficient- lie keep his or their such part or partes in the said partition ditch called Barlake after two daies warning giuen to him or them by the ouerseers of these orders, or anie one of the fenn reeues for the time beeing, vppon payne to forfeit and pay for euerie suche faultie part or partes not sufficientlie kept and scoured as is afore- said the summ of three shillings fouer pence of good English monie. Prouided allwayes, that if after such warning giuen as afore- said anie part or partes shall continue and remayne vndone or not sufficientlie scoured as is aforesaid, then wee order and agree that it shall and may bee lawfull to and for the ouerseers of these orders or anie one of them to procure, hyer and gett anie man whatsoeuer to scowre, ditch, and amend the same and to pay the same labourer or labourers for such their worke and workes out of the aforesaid forfeited summ or somes of iij. s. iiij. d. as is aforesaid. 15. Item, it is ordered and agreed by consent of the greater part as aforesaid that it shall not bee lawfull for anie commoner or commoners or anie other person or persons whatsoeuer to depasture and put to feed within anie the bounds and lymits of the cowpasture aforesaid anie workeing horses, workeing mares, or suckling foales or to depasture and put to feed within anie the boundes and lymits of the horsepasture aforesaid anie jnilche kine or weaneling calues, except the same shalbee soe agreed vppon by consent of the greater part of the commoners and inhabitants of Stretham aforesaid, vppon payne to forfeit and pay for euerie such particular beast respectiuelie soe kept and depastured contrarie to this order and buylaw the summ of fiue shillings of good english monie. 16. Item, it is ordered and agreed by the consent of the greater part as aforesaid that it shall not bee lawfull for anie commoner or commoners whatsoeuer, or other person whatsoeuer, to despasture and put to feed within anie tha bounds and lymits of the cow- COTTENHAM AND STRETHAM 281 pasture of Stretham aforesaid anie by-heard, or beards, bee the number thereof great or small, but shall surfer and permitt the common heardman of Stretham aforesaid to driue and bring home euerie such beast and beasts among his whole heard without interruption or contradiction, vppon payne to forfeit and pay for euerie such particular beast and for euerie particular time soe kept contrarie to this order and bylaw the summ of iij. s. iiij. d. of good English monie. 1 7. Item, it is ordered and agreed by the consent of the greater part as is aforesaid that it shall not bee lawfull for anie commoner or commoners, or anie other person or persons whatsoeuer, to put back and leaue beehinde anie milche cowe after the whole Heard for the moste part is come home to the end to depasture and feed the same within anie the bounds and lymits of the cowpasture of Stretham aforesaid, except the same milche cow shalbee soe lame that it cannot well come home or shall haue newlie calued, and soe for the first night onelie, vppon payne to forfeit and pay for euerie such particular beast and for euerie time soe kept back or left bee- hinde wilfullie contrarie to this order and bylaw the sum of iij. s. iiij. d. of good English monie. 18. It is ordered and agreed by the consent of the greater part as aforesaid that it shall not bee lawfull for anie commoner or commoners or other person or persons whatsoeuer to cutt, digg, delue, or thrust thorough or make anie breache, gapp, or gull, in anie part of anie banke or fence made by consent for the keeping of anie the commons aforesaid from inundations and ouerfloweings of the waters, except the same shalbee thought fitt and appointed to bee done by the constables of Stretham for the time beeing, together with the consent of the ouerseers of these orders and bylaws for the time beeing, vppon payne to forfeit arid pay for euerie such particular default and for euerie suche particular breache or gull for euerie particular time the same shalbee done contrarie to this order and bylaw the summ of 105. of good english monie. Prouided allwayes, that if anie person or persons soe offendeing Poena 35. Agaynst leaueing of cowes all night in the cowpasture. Prouiso. Poena 35. Agaynst makeing anie gaps or gulls in anie banck. Poena 105. Prouiso. 282 iCOMMON RIGHTS AT Noe net to bee set in anie breache. Poena 40. Prouiso. Poena los. ... dispose of the of charfen hills willow fenn. shall not haue goods and chattells sufficient goeing vppon anie the commons aforesaid which shall and wilbee able to answer the penaltie aforesaid, it shall and may bee lawfull to and for the ouerseers of theise orders and bylawes, or anie one of them for the time beeing, to take and seize into his or their hands and custodies as dammage phesant all and euerie the nett and netts of euerie person or persons soe offendeing as is aforesaid. 19. Item, it is ordered and agreed by consent of the greater part as aforesaid that it shall not bee lawfull for anie commoner or commoners or anie other person or persons whatsoeuer to sett, or sett downe anie manner of nett or engine whatsoeuer in anie breache, gapp, or gull, beeing made contrarie to the order afore- said at the riseing and ouerfloweing of the waters vppon payne to forfeit and pay for euerie such particular nett or engine soe sett or caused to bee sett in anie such particular gapp, or gull the summ of 40s. of good English monie. Prouided allwayes, that if anie person or persons whatsoeuer shall put or sett downe anie manner of nett or engyne whatsoeuer in anie breache, gapp or gull beeing made contrarie to the order before-mentioned at the ebbing and falling of the water then euerie such person or persons haueing formerlie sett his or their netts as aforesaid shall within 3 dayes next after the water is for that season at the lowest amend and embank the same breache, and breaches, agayne vppon payne to forfeit for euerie such particular default the summ of 10s. of good English monie. 20. Item, it is ordered and agreed by consent of the greater part as aforesaid that it shall and may bee lawfull to and for the ouer- seers of these orders and bylawes yeerlie and euerie yeer from time to time, and at all times heerafter, to alien, sell, and dispose of all and euerie the proffitts and commodities of all the fodder and stouer which now is or which heerafter shall and arise in anie the towne parts of the fenns called char fenn hills, and willow fenn att their best likeings and discretions, And the monie thereof comming or soe much thereof as shalbee requisite to bee by them or anie of them disbursed and layed out COTTENHAM AND STRETHAM 283 for the answering of anie sute or sutes, action or actions brought or commenced agaynst them or anie of them toucheing and concerning the keeping or breakeing anie of these said orders and bylawes. Prouided allwaies, that if it shall happen that noe suite or suites, action or actions shalbee commenced or brought agaynst anie of them beefore the Feast of St. Andrew yeerlie, then the ouerseers of these orders haueing receiued monie for the aforesaid fodder grounds shall then yeeld vpp and giue a true and sufficient account of all such monies soe receiued and not by them imployed and layd out accordeing to the discretion of the said ouerseers in anie Prouiso. part of the 16 hundred acres aforesaid. 21. Item, it is ordered and agreed by consent of the greater part as aforesaid that if anie inhabitant within our towne of Stretham aforesaid, or anie other person or persons whatsoeuer lyable to these or to anie one of these our orders and bylawes, shall willinglie and wilfullie violate and breake them or anie one of them whereby the ouerseers of these orders and bylawes shalbee stirred and moued either to take as distress for the satisfying of anie penaltie Ouerseers , . , ,. . power in heenn conteyned, or to commence anie sute or sutes, or defend towne causes anie action or actions toucheing the keeping and obserueing of all toucheing . , , 111 , 1 • , these orders. or anie these our orders and buylawes, that then it shall and may bee lawfull to and for the sayd ouerseers or anie two of them for the time beeing, from tyme to tyme and at all times needfull, not haueing formerlie receiued sufficient monie and not by them layd out, to make, leauie, and collect such reasonable rate and rates, summ and summes of monie by taxeing and assessing euerie such workeing beast and euerie such milche cow which then shall depasture and feed within the bounds and lymitts of Stretham aforesaid or which shall haue fedd in anie part of the summer beefore the said sute or suites shalbee commenced as aforesaid ; which rate or taxation if anie inhabitant or anie other whatsoeuer lyable to these or anie of these our orders and bylawes shall refuse and neglect to pay his or their part or partes from time to time and at all times soe assessed, then euerie such partie and parties 284 COMMON RIGHTS AT Poena los. Ouerseers power in necessarie publique works. Fenreeues the ouerseers assistants. The time of laying out the fenns. soe neglecteing to pay the same by the space of sixe dales next after request made by the ouerseers of the sayd orders or anie one of them shall forfeit and pay for euerie such neglect and default ouer and aboue his taxation the summ of 10s. of good english monie. 22. Item, it is ordered and agreed by the consent of the greater part as aforesaid that it shall and may bee lawfull to and for the ouerseers of the sayd orders or anie two of them, from tyme to tyme and att all times heerafter dureing the time of their sayd office, to haue perceaue and take all and euerie such penall summs of monie, penalties and forfeitures as are heerin expressed and sett downe, and for default of payment thereof to implead, impownd, driue or distreyne euerie partie or parties or the goods and chattells of euerie partie and parties soe offendeing. And out of such monie or monies soe or anie other way receiued, to make, builde and erect such sluces, draynes, water courses and waterings on anie of the aforesayd proemises as they or anie two of them shall think meet and convenient for the drayneing and letting out or for the letting in or keeping in or keeping out of anie waters in anie place or places in and about anie of the cowpasture or horse- pasture of Stretham aforesaid. 23. Item, it is ordered and agreed by consent of the greater part aforesaid that it shall and may bee lawfull to and for the fenn- reeues for the time beeing to bee alwayes assistant and coadjutors to the sayd ouerseers, and at the appoyntment of the ouerseers aforesaid and not otherwise, and in default there bee noe ouerseers; the fennreeues from time to tyme to driue and impound all or anie the goods and chattells of euerie person or persons offendeing and breakeing these or anie of these our orders and bylawes which are or ought to bee obserued, performed, fulfilled and kept. 24. Item, it is ordered and agreed by the consent of the greater part as aforesayd that all and euerie the orders and bylawes which shall at anie time euer heerafter bee made toucheing the stinteing, ordering, or directing of the 16 hundred acres of common allotted to the towne of Stretham and Thetford respectiuelie shall for COTTENHAM AND STRETHAM 285 euermore heerafter yeerlie and euerie yeer bee made vppon shrouemunday or shrouetuesday in euerie yeer, and at noe other time in anie yeer. Prouided allwayes, that if it shall happen that at the aforesaid Prouiso. dayes and times the greater part of the inhabitants shall refuse or neglect to meet toucheing the makeing and setting downe of such orders and bylawes as they shall think necessarie, then wee order and appoynt that all and euerie the orders and bylawes lastlie and formerlie made and agreed vpon by the consent of the greater part of the commoners and inhabitants of Stretham aforesayd shall continue in full forge and vertue. And wee doe further order and agree, by consent as aforesaid, that all and euerie these our orders and bylawes shall remayne and continue in force vntill the daies formerlie sett downe and soe forward from time to time and att all times heerafter vntill the same or anie one of them bee reuersed, altered, renued or continued at the said appoynted dayes, and not otherwise, by consent of the greatest part of the inhabitants of Stretham aforesaid. 25. Item, wee doe appoint Francis Frances, t Michael Fludd clarke, John Bentlie to bee and remayne ouerseers for these and euerie one of these our orders and bylawes to see that the same bee fullie perfourmed, fullfilled and kept ; And wee doe order and appoynt that they and euerie of them shall continue in their sayd office vntill shroueticle next and noe longer, except the greater part of the inhabitants together, with their owne consents, shall think fitt and convenient to continue them or anie one of them in their said office anie longer time. 26. Item, it is ordered and agreed by the consent of the greater part aforesaid that it shall not bee lawfull for anie person or persons whatsoeuer to keep or put to feed anie manner of swyne hoggs vppon anie part of the cowpasture or horsepasture or anie part of the green parcell of the horsepasture aforesaid vntill the harvest of Stretham bee fullie ended, vppon payne to forfeitt and pay for euerie such particular swyne as aforesaid, and for euerie particular default the summ of two pence of good English monie. Poena 2d. Ouerseers of these bylawes. None to keep swine vppon either Cowpasture or Horse- pasture. 286 COMMON RIGHTS AT Prouiso. Hee that keeps noe weaneling calfe may keep one cow more than his stint. Undersetters to keep one cow onlye vppon the commons but not with- out leaue. Ouerseers of these bylawes. Neglect of the ouer- seers to bee supplied by anie inhabitant. Prouided allwayes, that not withstanding this last order afore- said it shall and may bee lawfull to and for euerie commoner aforesaid to putt his hoggs and swyne aforesaid at all tymes in the green onelie, beeing lawfullie ringed, soe as none of the aforesaid hoggs beeing soe putt vppon the green as aforesaid shall depasture and feed vppon anie the commons aforesaid, except beefore ex- cepted, vnder the payne and penaltie of the summ of ij. d. of good english monie for euerie particular default. 27. Item, wee order and appoynt that what soeuer commoner aforesaid shall forbeare to depasture and feed anie weaneling calues within the heardpasture or horsepasture aforesayd shall for the time of such forbearance depasture and keep within the common one cow the more. 28. Item, wee doe order and appoynt that it shall not bee lawfull for anie inhabitant inhabiteing and dwelling in anie new erected cottage, beeing no auncient commonable house, to depasture and put to feed within anie commons aforesaid more then one milche cow, and whosoeuer shalbee permitted to keep anie such cow shall not presume soe to doe except hee or shee shall first haue leaue giuen him or hir in open churche vppon some Sabboth day after euening prayer by the greater part of the commoners there then present. 29. Item, wee doe nominate and appoynt Richard Langford, Thomas Cheuill, Wm. Townson, Richard Bent, John Bent, Edward Hay ward and Robert Flintoft to bee and remayne ouerseers for theise orders and bylawes ; and wee doe heerby giue to them or anie two of them free libertie and authoritie to receiue and take all such penalties and forfeitures as are heerin agreed vppon for the breache of them or anie of them ; and further wee order that if the aforesaid ouerseers shall neglect or refuse to impound anie cattle, geese, hoggs or sheep which shall depasture or feed vppon anie the commons aforesaid, that then it shalbee and may bee lawfull to and for anie the auncient commoners aforesaid to driue and impound anie beast or cattle soe kept contrarie to these orders and COTTENHAM AND STRETHAM 287 bylawes and the penaltie or penalties for the breache thereof to receiue and take to the vse of him or them who shall soe impound for their labour and payries therein. In witness whereof wee haue heerto sett our seuerall hands and marks. Dated the day and yeer first abouewritten. [Here follows a list of 48 names of those who signed these orders.] A COPPIE OF AN ARTICLE FOR A LIBELL FOR THE TITHE OF HERBAGE OF STEERS, DRIE COWS AND HEIFERS, AND HORSES AND MARES NOT KEPT FOR TILLAGE ; DRAWN BY R. C. That W.B. had in the moneth libellate within the parish libellate &c. viz. in a peece or parcell of marish ground beeing seuerall, conteineing ' acres called ! , the said W.B. had kept, fed and fatted fortie steers, drie heifers, &c. which were not bred nor weaned within the parish libellate, nor euer vsed, imploied or maineteined for the plough or the payle within the parish libellate, whereof or of the fall of them neuer anie proffit came to the churche to the parish (sj'c), but they were brought in by the said W.B. when they were leane to bee fed and fatted for the butcher, and were there kept, fed and depastured in the yeers libellate vntill they were fatted and then solde them to diuers butchers and others for farr greater summs of monie than was paid for them when they were leane ; and by such feeding and fatting of those steers and heifers within the parish aforesaid the said W.B. gained in euerie steer xl. s. and euerie heifer 40s. the herbage, pasturage and feeding of euerie such beast beeing worth iij. s. iiij. d. euerie week and the tithe thereof due accordeinglie &c. 1 Left blank in the MS. A COPPIE OF AN ARTICLE FOR A LIBELL FOR TYTHE MILKE EODEM AUTORE That in the yeer libellate E.H. did not sett forth, deuide, sett forth and pay the tenth part of milke. l First that the auncient custome of the parish is and hath been to pay the whole milke of all their kine within the parish euerie nyneth night and tenth morning between &c. euen as the same is milked and taken from the cowe or cowes, without anie diminution or alteration of anie part thereof, and without anie fraud or deceipt therein whatsoeuer. That E.H. in the yeer attestate did not sett forth, deuide and pay the whole milke of all his cowes euerie 9th night and 10th morneing accordeing to the custome, but did keep back a part of the best of that milke and added water and other vnwholesome things to that milke hee had sett forth, thereby to deceiue the parson &c. That if anie time hee did deuide and sett forth the tithe milke trulie and justlie accordeing to the custome, yet E'H. did after the same was soe sett forth take back the same soe sett forth and did employe the same to his owne vse or otherwise soe dispose thereof as it beecame of noe vse or value to the parson. That if &c. quod non fatetur &c. yet the same was soe sett forth at such unreasonable times and at such places, distant a mile or 2 from the parsonage, and immediatelie taken away agayne beefore the parson could come to receiue it, of purpose to let slip or hinder the parson thereof and of purpose to defraud and deceiue the parson/ 1 This paragraph has been cancelled in the MS. INDEX Adjistment, (joistment), 178, 17811, 203, 278. Adventurers' Land, 237n. Alborough, (Alborowe,) 199, 202, 203, 215,219. Alcock, Thomas, 209, 213. Aldrith, Calsey, 179. Annys, Henry, 197, 199. Arable Land, 257, 260, 269. Articles of Agreement, 186, 222, 223, 224, 225-229. Atkins, Richard, of Cutwell, 179. Bailiffs, 211, 212, 255, 256. Banks, Robert, 225, 227. — , 179, 1 80, 183, 205, 206, 207, 2O8, 2IO, 231, 232, 240, 273. 274. Barkers Coate, 271. Barker, Francis, 265. Barlake, 259, 266, 279, 280. Barley, 258. Barnes, Mr., 187. Barnwell Abbey, 175. Barreditch, 233. Bars, see rails. Batisford, John, 184. Baulks, 237, Beans, cultivation of, 270. Becks, The, 219. Bedford, dukes of, 176. Bell, warning given by, 240. Bellman, The, 230. Bent, John, 286. — , Richard, 286. Bentlie, John, 285. Blean, Edward, 225. Branding, of Cattle, 232, 233. Breaches, see Gullies. Bridges, 179, 219. Brigham, John, 225, 227. Broad Land, 200. Brown, Francis, 198. Bull, John, 225. Bulls, 236, 276., Bullock's Harst, 215, 219. Bull Piece, the,- 208. Burdlaries (alias Harlstone) Manor of, 197, 198, 201, 207, 209. Burltngs, 216, 220. Burwell, Thomas, 248. Bye-Herds, 220, 235, 280, 281. Bye-Laws, see Orders, Bynge, Henry, 184. Cambridge, 175. — , Christs' College, 178, 194, 198, 200, 201, 203, 209. — , King's College, 195, 228. — , St. John's College, 195, 200, 178, 189. — Way, 197, 199. Carts, 239, 240. Cass, Mrs., 181. Casting, 271. 292 INDEX Cattle, 173, 183, 185, 211, 213, 214, 215, 216, 217, 218, 219, 220, 232, 233, 234, 235, 236, 237, 238, 240, 242, 243,244, 246,247-250, 274, 276, 277, 278, 280-282, 286. — , disease amongst, 238. — , droves and drifts of , 224, 243. Charfen Hills, 279. Char lode, 205, 206. Chesterton, 175. Chevill, Thomas. Childerley, 175. Chimneys, 265. Chittering Hill, 215,217, 230,235, 238. Christening, 252. Christs' College, see Cambridge. Churching, 252. Close, Alborough, 234. — , Curds Willows, 200. — , Eastland, 197. — , the Holme, 236. — , Horsemore, 197. , King's Cross, 196, 197, 199, 220. — , Little, in Cottenham, 196. — , Long Hill, in Cottenham, 196, 227. — , Mar chill and Tillage, 196,198. — , Pel ham's Croft, 200. , Kits' Bush, 197, 198, 202. Clarke, John, 187. Clay Lakes End, 265. Clay pits, 216, 238, 239. Coateman, John, 272. Coke, Edward, 178. Coloring, of Cattle, 219, 237, 237n, 278. Commoning house, 275. Common Land, 173, 174, I74n, 179, 198,202, 204, 207, 209, 211, 213, 214, 215, 219, 220, 223, 228, 230,232,237,238,241. — , (in Stretham), 260, 277. Constables, 266, 271, 272, 273, 274. Copyhold Tenants, 253, 254, 255, 256, 275, 276, Cottage, 204. Cottenham, 194, 196, 197, 200, 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 218, and passim. — , chapel in, 209, 211. — , Church of, 208,211,216, 225. — , Common in, 198, 209, 213, 214, 215, 219, 224. — , Manor of, 197, 199, 201, 208, 209,213. — , parson of, 209, 214. — , Rectory of, 180, 195, 197, 198, 199, 211. , School in, 209, 244. Cotton, Sir John, 185. Courts, of the lord of the Manor, 2 12. Cow Pasture, the 218,230, 232,234, 235, 236, 271, 273, 274, 276, 277, 278,279, 280,281, 284. Cowaies end, 238. Cow- way, 218, 243. Cox, Sir Richard, 261, 263. Creeks : the Abbots' Creek, 208. Cresses, 232. Crofts, 241. Crowlands, Manor of, 177, 194, 196, 197, 203, 205, 207, 209, 214, 208. Crykle Fen Bank, 215, 216, 220. Curde, William, 204. Dairy farming, 173. Damage phesant, 282. Dellfen, 215, 219. Ditches, 205, 206, 207, 210, 234, 236, 237, 240, 241, 242, 265, 279, 280. Drainage, 176, 182, i82n. 204, 241. Drains, 198,219,265,271,272,284. Drifts, of Cattle, 224, 234. Droveyard, 224. Edgrowth, 279, 2790. Eden, Dr., vicar general of the Bishop of Ely, 246, 249. INDEX 293 Egg, rent, 185. Egnie, Thomas, 265. Elford, 258, 265. Ely, Bishop of, 177, 185. — , Bishop of, see Felton. — , Cathedral of, 195. — , Dean and Chapter of, 178, 200, 209. — , Isle of, the, 175, 263, 265. England, King of, James I, 267. Ep worth, 17611. Farmers of the Manors, 208, 209. Felton, Nicholas, Bishop of Ely, 191. Felton, Nicholas, Rector, of Stret- ham, 191. Fences, 205. Fen, keepers of the, 204, 216,217, 218. Fens, 179, 196, 204, 279, 284. — , Michaelleye, (Michelleye, Michaeley) 179, 216, 219, 232, 234, 235, 236, 242. — , Topham, 179, 180. — , Denney, 179. — , Hole Fen Lazer, 259. — , Stallock Hay fen, 276. — , Feedall Fen, 279. — , Willow Fen, 279, 282. — , Awbrose, 179, 180. — , Sechall, 179, 234, 236, — , Sechall Chairef en, 179. — , Chittering, 179, 180. — , Common, 179. — , Cuttes, 180. — , Willow, 1 80. , Thetford Hall Fen, 256, 258. — , Grunty Fen, 256. — , Hole -Fen, 258, 279. — , Charr Fen Plain, 279. — , Lazar Fen, 279. — , Smithey, 179, 205, 207, 208, 219. 234,235,242,251. — , Chare, 179, 180, 259, 282. — , Hay Fen, 259, 261, 271. — , North Fen, 205. Fens, North Fen, Great, 220. — , — — Little, 202, 220. — , Young Man's Fen, 208. — , Crikle, 198. — , Stretham, 184. Fen Reeves, 182, 185,240,242,268, 274, 284. Ferriage, privilege of, 258. Ferry house, the, 258. Fields, 196, 202, 257, 268, 269, 274. — , Church Field, 199. — , the Common Field, 200. — , Dunstall, 197, 198, 200, 202, 219, 234. — , The Fallow Field, 235, 241. — , Farm Field, 200. Fields, Feme-Field. — , Foxall, 197, 200. Field, the Halme Field, 235. Field Reeves, 220, 221, 236, 241, 242,245. Fines, 205, 206, 207, 210, 211, 212, 213, 216, 217, 218, 219, 220,221, 222, and 230-252, 256. Fireing, 279. Fishing, 206, 208, 209, 232. Flintoft, Robert, 286. Floods, 233. Flood, Michael, of Stretham, 260, 285. Foals, 250. Foot-mark, 274. Forrends, 237. Fowls, 251. Fowl, liberty granted to, 205. Frances, Francis. 285. Frankham, Thomas, 260. French, Mr., rector. French, Robina, 181. Fruit, 246, 247, 248. Fur r owes t 237. Gates, 179, 231, 233, 236, 243. — , double falling, 242, 242n. Geast cattle, the, 231, 234, 235. Geese, 251, 274. 294 INDEX Geldings, 220. Gleaning, 267, 268, 269, 270. Goldsmore, common in, 263. Govern, to, 257. Gravel pit, 238. Green, Anthony, 198. — , the, 280, 286. Gullies, 232, 282. Haddenham, 176, 177. Haffing, 271, 272, 273. Halfhead, Thomas, 197. Harlstone, see Burdlaries. Harvest, 231, 235, 260, 262, 267, 268, 274, 285. Hassocks, 279. H awards, 242, 243. Hawk, liberty granted to, 205. Hay, 246,247, 248,251, 279. Hayhow, W., 187. Hay ward, Edward, 286. Heardman, the common, 281. Hedges, 231. Heifers, 288. Hemp, 251. Hempland, 200. Herdman, Town, 220, 237. Herd-pasture, the, 277, 286. Herd-walk, the, 276. Heriots, 184, 185, 255. Hildersham, 175. Hinde, Sir Francis, 177, 178, 201, 207, 214, 222, 223. Hinde, William, of Maddingley, 178, 179, 180, 187, 188, 194, 196, 197, 201, 202, 203, 204, 205, 206, 208, 212, 214, 2l8. 219, 221, 222, 223, 224, 225, 226, 227. Histon, 197, 198. — , Moor, 199. Hobson, Thomas, 180. — , Katherine, 180. Holbeam, Thomas, 228. — , William, 228. Holm, 202, 208, 234, 236. Holme-Bridge, the, 204. Holmes' Corner, the, 204. Holme Meadow, 236. Honey, 251. Horsepasture, 271, 273, 274, 276, 277, 278, 279, 280, 284, 285, 286. Horses, 220, 233, 238, 259, 260, 261, 26in, 262, 263, 275, 276, 277, 278, 288. Houses, 180, 204, 258, 275. Hovels, 204. Humfrey, Thomas, 225, 227. Hunt, liberty granted to, 205. Hurdles, 231. Impounding, 217, 218,224. Inclosures, 174, 185, 189, 196, 197, 198, 199, 201, 202, 203, 214, 223, 227, 251,252. Inn, the Bull, 176. Isacson, Christopher, 266. Ivatt, WTilliam, 245. Jackson, Thomas, 225, 227. — , Thomas, the younger, 225, 227. Jades, 233, 234. James I, see England, king of. Jenyns, Soames, 182. Joistment, see Adjustment. Kings' Cross Way, 196, 215, 216. Lakes, 232, 265. — . Long Lake, 271. — , Thoroughout Lake, 272, 273. Lakes Ende, 242. Lambs' Cross, 197. Landbeach, 196. — , Fen Side, 219. — , Moor, 199. Lands-ends, the, 202. Langford, Robert, 286. Layer, 231, 23 in, 243. Leavings, the, 208. Leys, 202, 204. Loade, 232. Longhill, 238. Denny, 234. Loosmyre, 239. Lot Ditch, the, 215, 216, 217, 220. INDEX 295 Lots, 215, 22O, 221, 235. Lovell, Thomas, 244. Lowfenns, the, 230, 235, 236, 240. Lyles Farm yard, 224. — , Manor of, 177, 194, 196, 197, 203, 205, 208, 214. Lyon, Robert, 204. Male, Walter, 180, 186, 246, 247. Manby, Dr. Richard, rector, 181. Marehill, 215, Marriage, 252. Marsh land, in Stretham, 254, 255, 288. Maw, Leonard, 181, 248. — , Dr., rector of Cottenham, 246. , Nicholas, 248. Masters, Rev. Robert, 185. Meadow ground, 202, 203/236. Measures, of land, 207, 232, 239, 241, 272, 273. Milch kine, 203. Milk, tithe, 289. Moorecloses, 239. Mortuaries, 252. Mowing, 209, 215, 238, 264, 267, 279. Nets, 282. Newditche, 235. North, Lord, 178, 180, 186, 188, 228. Nofthfenside, 231, 235. Nye, Mr., 182. Oblations, 246, 247, 248, 251. Officers, Town, 204, 206, 212, 217, 219, 220, 221, 224, 232, 233, 237, 238, 240, 242, and passim. Orders, 211,' 212, 213, 220, 221, 257- Order Makers, the, 183, 204, 208, 209, 210, 211, 212, 213, 214, 215, 2l6, 217, 2l8, 22O, 221, 232, 237, 238, 241,242,244,245. Outlaw's. Cot, 179. Oziers, 206, 231. Page, Anthony, 185. Pales, 221. Peas, cultivation of, 269, 270. Pelhams, Manor of, 209. Penalties, see Fines. Pepys, George, 178, 187, 188, 223, 225, 227. — , John, 197, 198, 199, 201. Peterborough, bishop of, 178. Phillip, John, 245. Pigeons, 251. Piggott, William, 266. Ploughing, 184, 215, 216, 253. Plow- Penny, the, 251. Pound, the, see Impounding. Pound Reaps, 253. Pound wall, the, 266. Rails, 231, 233, 243. Ramsies, John, 265. Reaping, 267. Rents, see Securities. Rents, hen, 185. Rivers, Robert, 207. Rivers, the Cam, 173, 176. — , the Ouse,ji73, 176, 180. — , the Nene,' 176. Roads, 200, 218, 238,243. Robbins' Lode, 179. Roods, see measures. Rooking, 271, 272, 273. Robinson, Richard, 187. Runnels, the, 202. Russel, John, 213, 225, 227. Russells, the, see Bedford, dukes of. Sallows, 206. Salman, widow, 265. Sames, in Cottenham, Manor of, !77> 194, J97> J99> 201, 203, 205, 208. Sandis, Sir Miles, 184, 253, 254, 255,256,257,258,259,263,271. Securities, for rents, 224, 225, 226. Severals, the, 202. Several ty, farming in, 174. 2O 296 INDEX Scott, Richard, 197, 200. Sheds, 204. Sheep, 216, 219, 231, 232, 233, 235, 246, 247, 248, 250, 251, 253, 254, 257, 286. Sheep-cot, 175. Sheep-farming, 174, 177. Sheep- Walk, a, 251. Sheirbrooke, Richard, 265. Shepherds, 237. Shocking, of Corn, 267, 270. Slate, bed of, 238, 239. Sluices, 284. Smith, Thomas, 225. Snowte Ditch, 259. Soham, 176. Sparke, Dr., rector, 182. Stakes, 207, 231. Stallocke, 259, 261. Standly, Peter, 185. Steers, herbage of, 288. Steward, Mark, 185. Stint, to, 257. Stone Ditch, 200. Stone-hill, 205. .Stoppinges, 232. Stretham, Church, 286. — , Common, 265, 266. Streetham, Fen Reeves, 18211. Stretham, the Green in, 276. — , rector of, 262, 269, 270. Streets, in towns, 221. Swine, 219, 220, 230, 246, 247, 248, 251, 285, 286. Taylor, James, 261, 263, 264. Tea me, 239. Telnie, Robert, 189. Tenants, copyhold, 208, 209, 210, and passim. Tenements, 202, 206, 207, 210, 211, 213, 223, 226, 227, 228, 238, 240, 241. 243,253,255, 256,257. Thetford, 182, 184, 255, 256. Thetford, Chapetry of, 189. Thetford Manor House, 263. Thistles, on Common, 238. Thistly Hill, 202. Tillage, 173, 177, 180, 181, 184, 189, 262, 288. Tithes, 1 80, 182, 184, 189,214, 215, 246-252, 288, 289. Topymoor, 215, 216, 217, 220, 242. Townsend, Jer., ferryman, 258. Townson, William, 280. Trades : Butchery, 234. Turner, the widow, 204. Turves, 241. Tyndall, Francis, 184, 185. Undertakers, the, 182. Undertakers' Piece, 237. Walls, 265. Ward, Dr., rector, 182. Waterbeach, 176, 185, i8sn. Webb, Robert, 266. Weir Pool, 179, 180. Wells, George, 266. Westwicke, 232, 243. Westwick, Manor of, 202. Wheat, 253. Willingham, 176, i82n, 184, 185, 1 86. Willows, 206, 231, 239. Wisbeach Barton, 190. Wood, 206, 207, 208, 251, 255. Wool, 246, 247, 248, 250. Woolfes pasture, 179. Wright, John, 244. Wronglane's End, 218. Wyles, Mr., of Denney Abbey, 187. 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