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Full text of "The Berkeley manuscripts. The lives of the Berkeleys, lords of the honour, castle and manor of Berkeley, in the county of Gloucester, from 1066 to 1618;"

i' 



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in 2007 with funding from 

IVIicrosoft Corporation 



http://www.archive.org/details/berl<eleymanuscriOOsmytuoft 



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THE BERKELEY MANUSCRIPTS 



Sibes of t^t Serfeeleps 



THE BERKELEY MANUSCRIPTS 



THE 



LORDS OF THE 
HONOUR, CASTLE AND MANOR OF BERKELEY 

Jn i\)t Countg of ©bttcester 

From 1066 to 1618 



WITH A DBSCRIPTION OF TH« 



HUNDRED OF BERKELEY AND OF ITS INHABITANTS 

BY JOHN SMYTH, OF NIBLEY 



VOL. II 



Edited by Sir JOHN MACLEAN, F.S.A., etc. 

FOR THE BRISTOL AND G LOU CESTERSH IR B ARCHy«OLOG I C AL SOCIETY 



GLOUCESTER: PRINTED BY JOHN BELLOWS 

FOR THE SUBSCRIBERS 

MDCCCLXXXIII 




JL'i^ 261967 



PREFACE TO VOLUME II 

The fecond volume of the feries of the Berkeley Manufcripts will 
be found to be not lefs valuable than the firft, indeed it is of more com- 
prehenfive and wider intereft. James Lord Berkeley, in the a"*^. Henry 
vj., married Ifabel eldeft daughter of Thomas Mowbray i*^ Duke of 
Norfolk of that houfe, his fecond daughter Margaret having become the 
wife of Sir Robert Howard Kn'- Upon her marriage Ifabel brought to . 
her hufband feveral manors in Warwickfhire, and upon the failure of 
iffue of John Mowbray the fourth Duke of Norfolk and Earl of Notting- 
ham and Marfhall {ij^^ Edw. IV.) the heirs of the aforefaid Ifabel and 
Margaret inherited the vaft eftates of the Mowbray family in divers 
counties, the faid Ifabel bringing, Smyth fays, "the greatefl maffe of • 
land to this family of any lady that was before her." Thefe lands con- 
fifted of many manors in each of the feveral counties of York, Lincoln, 
Effex, Buckingham, Bedford, Warwick, Huntingdon, Salop, Leicefter, .■ 
Derby, Hertford, Cambridge, Suffex, Middlefex, and Surrey, together 
with divers manors in the Marches of Wales, and feveral Hundreds and 
Baronies both in England and Ireland. The acquifition of which of 
neceffity very largely increafed the topographical range of this work. 

This great alliance, however, through the jealoufy and inordinate 
ambition of William Lord Berkeley, the eldeft fon and fucceffor of the 
Lord James by the marriage above mentioned, very nearly brought ruin 
upon this ancient and noble houfe. We know of no parallel in ancient 
or modern hiftory to the lavifh and extravagant alienations of this lord. 

In 1483 the King conferred upon Sir John Howard, fon of Sir 
Robert by Margaret the younger Mowbray co-heir, the Dukedom of 
Norfolk and the Earldom of Nottingham and Marfhalfhip of England, 

• at 



ii PREFACE 

at the fame time creating his fon Thomas Earl of Surrey, both of whom 
were flain at Bofvvorth fighting for the White Rofe, and were thereupon 
attainted. The honour granted to his coufin fired the anger and ambi- 
tion of Lord Berkeley, and determined him to obtain, at whatever coft, 
a fimilar rank, or if not fo high, at leaft the next in degree. This 
depended upon the King's favour, to obtain which he was prepared to 
make any facrifice, however great. For fubftantial confiderations, one 
of which was that the King fliould difcharge him and James, Maurice 
and Thomas, his brothers, of _;^34,ooo, payable by them and James their 
late father to the Earl of Shrewfbury and Margaret his wife and John 
late Vifcount Lifle their fon, he had received from Edward IV. the rank 
of Vifcount Berkeley, and was made a Privy Counfellor ; but, in the 
words of Smyth, " having in his ambitious opinion too much land and 
too little honour," in 1483 he induced Richard III. to create him Earl 
of Nottingham. "This Earledom fatisfying not; for to climb higher" he 
agreed to convey to the King thirty-five manors, to hold to the faid King 
and the heirs of his body, but fortunately in default of fuch iffue the re- 
mainder was limited to himfelf and his heirs. " Howbeit," Smyth fays, 
" this profufe fcattering at a clap hurt him not ; for this eftate tayle in 
the king determined the 22°^ Auguft following by the kings death at 
Bofvvorth field." " Soe prudent," Smyth fays, "was this Earles cariage 
between thofe adverfe princes (Richard III. and the Earl of Richmond) 
ayding the one w* men and the other with money, neither of both with 
his perfon. That hee preferved the favor of both, at leaft loft neither of 
them," and Henry vij foon afterwards created him Earl Marfhal and 
Great Marfhal of England, and it would feem plain that he was in- 
debted to the good offices of Sir William Stanley the Lord Chamberlain 
in obtaining thefe honours, for at this time he granted to the faid Sir 
William his purparty in fome twenty manors, two caftles, and divers 
lands in Shropfhire and the Marches of Wales. Still grafping at higher 
honours, and without the inducement as in the firft inftance of the fub- 
ftantial rcleafe of a bond due by his family for a large fum of money, 
in 1487 he " affayleth" (fayth Smyth) the king for the Marquifate of 
Berkeley, and covenanted to convey by good affurance to himfelf and the 

heirs 



PREFACE 



111 



heirs of his body the Caftle and Manor of Berkeley and divers other 
manors, and, in default of fuch iffue, remainder to the faid king and the 
heirs male of his body, and in default of fuch iffue remainder to his own 
right heirs. Whereupon in the following year he was created Marquis 
Berkeley to him and his heirs male, a limitation apparently not of much 
value, for he had not, and was not likely to have, iffue. But this was 
not all, for, for their good offices with the king, he eftated the Earl of 
Derby and other courtiers in all other his lands except a few manors 
which he fettled upon his wife for the term of her life as dower, with 
remainder to the king under the fame limitations as above. Maurice, 
his brother and heir apparent, who is believed to have juflly remonftrated 
with the Marquis, perhaps with fome natural intemperance, at the wanton 
and recklefs manner in which, to gratify a felfifh, overweening, perfonal 
ambition, he was bringing ruin upon an ancient and honourable houfe, 
had given him great offence, fo that upon his death no lands whatever 
devolved upon his heirs. Nor in his will does the Marquis name his 
brother Maurice, or either of Maurice's three fons, or the four fons of 
his younger brother Thomas, nor did he leave fufficient perfonalty for 
the payment of his debts, which neverthelefs Maurice, for the credit of 
the family, took upon himfelf to difcharge. Through the obliging 
courtefy of the Rev. R. H. O'fflaherty, vicar of Capel, Surrey, I am 
enabled to lay before the reader the text of this extraordinary teftament, 
received fmce the volume has been made up, or it would have been 
introduced into the body of the work, ... 

Ze^Vm tini WiM'i a^rcfjtonijef 25arltdcp ^ ComitijS IfJotiitglj'm 

3^n .ttl noitl'i 3imdt the v'^ day of the mointh of ffebruary ihe yere of ou' 
Lord God M'cccclxxxxi. And the vij'"^ yere of the Reigne of King Henry the vii"" 
I Willyam Markes of Berkeley erle marchall and Notingham and grete marchall 

•of Englond feeing of goode and hole rnyijde LoVing and preyfing be vnto my 
Sav-io' fnake and ordeyne this rny ^nt teflament. and Laft will jn mart and fo'^me 
enfuying that isto feyfuffl; and principally I bequeith and recomend myfoule to 
allmighty God my fleid Maker and Savio' 'And to the bleffid virgyn ou' Lady feint 
Mary and to all *the holy company of hevin And my body to be buried in the church 

. of ilifrireS'Auguflin in London And I bequeith to the mother ghurch of ou"" Lady of 

• _ Worceftyr 



iv PREFACE 

Worceflyr C Itm I bequeith to the Vicar of the piffli church of Barkeley for my 
tithes negligently forgoton and w'drawn In difcharge of my foule xl* Itm I will 
that myn executours Vndrewreten do by veftimentis and ornamentis to the valure 
of XX marc' to be occupied in the feid fryre Auguftines at the auter of Seint Rooke 
as longe at [fic] they endure. Alfo I will that my feid execute's ordeyn ij freres 
ppetually to fmg in the White freres in ffleteftrete In the fubbarbes of London at 
the auter of Seint Gafcon there to pray for my foule my Lord my fathers foule my 
moders foule my wiff foule And the foules of my fonne fyr Thomas Barkeley for 
euyrmore Alfo I will that my feid executours ordeyne an other ffryre ppetually to 
fing in the grey ffryres at Glouceftyr foreuyrmore to pray for my foule and the 
foules aforefeid Itm I bequeith to the bilding of the feid Grey ffrires xx" Alfo I 
will that my feid executours purchefe Londes and tenements to the valure of x 
marc' yerely ou' all charges And therW make and founde A ppetuall chauntry at 
the aultex of our Lady of Pite in Epworth in the Counte of Lincoln to pray for the 
foules aforefeid foreuymore Itm I will that my feid execute's purchefle Londes and 
tenements to the yerely valure of xxij marc' And therw' to founde and ordeyne ij 
ppetuall preeflf at Longbrigge oon of them dayly to fmg in the chapell of the 
Trinite there And that other dayly to fmg in the chapell of the. church of Berkeley 
Where as my feid lord my fader and my feid fonne lieth buryed to pray for the 
foules aforefeid for euyrmore Or elfe I will that the xxij m^rc' of Rent in fiframpton 
be difpofed to the pforming'of the fame Alfo I willthat rny feid execute's fpend 
and difpofe in bilding of an heufe at Longbrigge aforefeid for ij peftys to Inhabit 
[fic] to dwell in C marc' of money Alfo I ^yill that my feid .execute's do by vefti- 
mentis and ornaments to the feid chapell of Longbrigge to the valure of xl marc' 
Alfo I will that my f^id execute's do • purcheffe a pdon from thje court of Rome as 
Large as it mky.'be had 91 Longbrig aforefeid from evenfong to evenfong in the 
feft of the Trinite for the playne Remiffion to them that wilbe confeffid and contrite 
And ther then to fey iij pat'nofters and iij Aves for .my foules [fic] and the "foules 
aforefeid Itm I bequeith to John W^yting xl''to be payd yv'in x yere after my 

• deceefe Itm .to Richard Butteler. x" Itm I bequeith to John Skyll xx marc' to be 

• paid in x yeres next "after rny deceefe Itm I bequeith to Margarete Babbam x** 
Itm to Elifebeth Kelton C* Itm to'Symonet-Stoute v marc' Itm to Elianore Gough 
X marc' Itm to Margery Brugh v marc' Itm I bequeith to Elifabeth Berkefey xx 
marc' Itm[fic] to be paid to hir w'in.x yere after my deceefe -Ittji. I bequeith .to 

* I " 

, Margery Berkeley x marc' Itnl to Agnes .Mounceney v marc' Itm JL bequeith to 
Richard Berkeley xl' Itm to humfrey St9.uerton' xl' Ite I bequeith. to Richard 
Style xxvj' viij'' Itm I beqyeith to Thomas H erne. xxvj' viij* Item to fyr Willyam 

. . • • .• fifaypeway 



PREFACE V 

ffayreway xl' Itm to ffrere John Wikes xx' Itm to Robert Alinfon thelder xl' Itm 
to Robert Alynfon the yonger xx' Itm to Nicholas Mody xl' All thefe to be payd 
to the pfones abovefeid w'in x yeres after my deceefe Itm I will that my feid 
executours after my deceefe fatisfie & Recompenfe all trefpafis and wrongf by me 
doon and not recompenfed afore my deceefe in difcharge of my foule fuche as ftialbe 
fhewid and prouidcd [fie] before them win x yeris next after my deceefe And that 
to be proclaimed in euerie place where I have had mofl refort unto in tymes pafl; to ■ 
thentent my detts and the feid wrongis may be truely content and fatisfied after euery 
true and refonable mannes defire Alfo I will that all my aray plate ftuffe of houfehold 
and of the chapell after my deceefe be deuided in ij partes that is to fay the oon halfe 
therof to my welebeloved wiff Anne to hir owne vfe w'out any Lett fraude or delay 
And the other halfe therof to be difpofid and diftributed in pformyng and fulfillyng 
of this my Lafl will and teflament And I will that myn executours have take and 
pceyne all the iffues pfits and revenues coiiiyng and growing of my Lordfhippis and 
Maners of Wing Segrave in Penne And Marlow in the counte of Berks for the 
terme of xv yeris next after my deceefe And after that if it fortune me to dye w'out 
iffue of my body Then I will that the feid Lordfhippis and Maners Remayne to 
Thomas Erie of Derby And to the heires males of his body Lawfully begoton 
according to endentures betwene me and the feid Erie therof made And for Lake 
of fuch iffue I will that the feid Lordfhippis and Maners Remayne to Anne my 
wyfe for terme of hir Lyfe and after hir deceefe the Remaynder therof to John [fie] 
Berkley and to his heires males of hyr [fie] body Lawfully begoton And for Lacke 
of fuch iffue the Remayndre therof to my Right. heyres foreuyrmore. Alfo I will that 
myn executds have take and pceyne all the iffue pfites and revenues of the maners 
of Seleby and Mountforell and of the hundreth of Gofcote w' thapp'tenncs in the 
Counte of Leycefl' now being in feofTees Handes.from the tyme of my deceefe vnto 
the tyme that my debts and Legacies be content and payd ahd this my Lafl Will 
Truely executed and pformed Alfo I will that if Elifabeth Ducheffe of Norfif' 
deceefe.be fore that my detts and legacies be paid and my Will pformed Than my 
. feid executours have take and perceyne all . the iffues pfofites atid revenues of the 
Maners of Thurleflon in the counte of Warwik . the mare of Seh^me in the Counte 
of Leicefler the manefe of Alcambury Weflon in the .Count of huntingd the Maners 
of Bretby Lynton, Cotton Repingdon Refllafton and Affheburne in the Counte of 
Derby And jof the Maners of ffuntyndon and Thqrney w' thapp'tennces in the Counte 
of Suffex from the deceefe of the feid Ducheffe unto the tyme .that niy feid dettis 
and Legacies be paid and content And this my Lafl Will truely executyd and 
pformed And alfo I will that the fame Dame Anne my Wyfe after my will pformed 

• . - have 



vi PREFACE 

have the feid Maners of Thurlafton Segrave Alcumbury Wefton Bretby Lynton 
Cotton Repingdon Roftelafton and Afflieborne w' thapp'tenncis for terme of his 
Lyfe Alf6 I will that if I the feid Markes dye w'out iffue of my body comyng Than 
after my feid Will pformed I will that the feid Anne my wyfe have the feid maner 
of Seleby for terme of hir lyfe Itm I will and bequeath to my feid wyfe all my 
tenementis in London and in Chelchehith in the Counte of Midd'x to have to hir 
that is to fey the tenementis in London to hir in fee fimple and at Chelchithe 
for terme of his [fic] Lyfe The Remayndre therof to John Wytyng abovefeid in fee 
fimple And that my feid Wyffe fhall paye for the tenementis in London to the 
fryrers Auguflines cc marc' for ij freres there ppetually to fmg and pray for 
the foules aforefeid for ev'more Alfo I will that fir Thomas ffit3 Willyam Knyght 
Roberd Rede feriaunt of the Lawe and Garter King of Armes be truely content 
and paid of ther fees for terme of ther lyfe acording to the Graunts to them made 
And I bequeath to Thomas frere Late Prio"" of the White ffryres in fleteftrete and 
to his felowe for to fing for my foule xx marc' Alfo I bequeith to the feid ffreres 
euery yere x marc' in to the tyme the fundation be made Itm I bequeith to Watkyn 
taylo' xx' And of this my ^nt teftament and Laft Will endentid I mak and ordeyne 
myn executo'^s that is to fey my feid wyfe the Reuerent fader in God Edmunde 
Biffhope of Rocheftr maift' Richard ffitj James and Richard Withir And I make 
and ordeyne Ouerfeers of the ^am^' my Laft Will The mooft famous and criften 
prince and my mooft finguler goode and gracious Lord King Henry the vij''' 
Thomas Erie of Derby aforefeid and John Whiting And L bequeith to euerich of 
my feyd executo's for ther Labo'^s in that ptic to be had xx" And to eu'rey of myn 
ovfeersx" in money In witteneffe yvherof to this my ^nt teftament and laft will I 
haue fette my feale of myn Armes The day and yere abouefeid Itenil. bequeith to 
Thomas Armerer xxvj* viij"* "Itm td Thomas Creyford xx' to Thomas.. Tide Co9ke 
xx* to John Goodyf xl' to John Doland xxf. "Probatum fuit fuprafcriptum teftamentii 
coram etc' apud Lamhith feptio die menfis Aprilis Anno dni MiBirnp cccc° noha- 
gefimo fecundo juramento Edwardi' Kpnyngifby et Dne Anne Reli6]:e eiufdem Ac^ 
approbat' etc' Et comiffa fuit admiftratid omniu bortorum etc' dicSte dne Anrie de 
bene etc"^ Ac de pleno Inuentario etc' cit' feftu Penthecoft Alijs executor' refut^m 
etc' • _ ..•■'.- .'. - • -• '.. 

Maurice Berkeley^ was as extraordinary a m;jn as his brother, but 
of a totally different charaden The former was infenfely felfifh, unfor- 
giving, and greedy of perfonai rank, rafh and unprincipled in feeking it, 
and regardlefs of the honour of his family or of. his own; the latter waS ' 

■ ". - " ■ prudent. 



•• 



PREFACE vii 

prudent, cautious, laborious, and perfevering, not in the purfuit of his 
own advantage but for the benefit of his fucceffors, in the endeavour to 
raife again the grand ftrudture of his ancient houfe from the ruin into 
which it had been caft down by his brother's folly. Seeing himfelf and 
his heirs, in all human probability, for ever deprived by his brother's ad;, 
within a period of lefs than feven years, of the inheritance of every of 
his anceftral manors, and efpecially of the poffeffion of Berkeley Caftle 
by the tenure of which the Barony was at that time confidered to be 
held, he did not, as many would have done, fet himfelf down and fubmit 
to the inevitable. He at once commenced a careful examination of his 
brother the Marquis's deeds of fales, and finding therein many flaws of 
title, with great legal acumen and patient perfeverance, beginning with 
the King himfelf, he fucceeded in recovering in the fliort fpace of another 
feven years, out of broken and controverted titles, upwards of fifty manors 
befides other lands and poffeffions, of which he died feized, and the whole 
defcended to his fon Maurice, his able affiftant in his legal ftruggles; for, 
throughout, he adted as his own lawyer in all the courts. Smyth gives 
a pathetic account of him as "with a milk-white head in his irkfome old 
age of 70 years, in winter terms and frofty feafons, with a buckram bagg 
fluffed with law cafes, in early mornings and late evenings walking with 
his elded fon between the four Inns of Court and Weftminfter Hall, 
following his law fuits in his own old perfon, not for himfelf, but for his 
poflerity, to regaine part of thofe poffeffions wich a vaft brother had pro- 
fufely confumed." 

As an evidence that the Barony of Berkeley was at this date deemed 
to be held by tenure, Maurice Berkeley, though he ftill claimed to be 
Lord Berkeley, and the title was generally conceded to him, it was rudely 
rejeded by Sir Robert Poyntz, whom Henry vij had appointed as 
Steward of the Manor and Hundred of Berkeley. That it was con- 
fidered a Barony by tenure is alfo fhewn by the fadt that Maurice 
Berkeley was never fummoned to Parliament, and that when his fon 
Maurice, in the 14 Henry viij (1522) had fummons by reafon that the 
Caftle and Manor of Berkeley was then vefi;ed in the Crown he had not 

the 



It 



viii PREFACE 



the precedency of his anceftors but was afiigned the loweft place as the 
youngeft baron. Moreover this Barony, if a new creation fhould have 
become extindt on the death of Maurice Lord Berkeley in 1523, s.p., and 
his fon Thomas would not have had any claim whatever to fummons, 
neverthelefs in the very next Parliament, viz., that fummoned to meet at 
Weftminfter 9 Aug. 21 Henry viij, Thomas Berkeley was fummoned 
under the ftyle of "Thomas Berkeley de Berkeley Chevalier," (though 
Smyth does not appear to have noted this fummons,) and was given 
precifely the fame precedence as that affigned to his fon Henry after he, 
on the death of Edw. vj, fucceeded to the Caftle and honour of Berkel^. 
We fhall abftain from entering further into the vexed queftion of the 
Baronial tenure of Berkeley. It will fuffice to refer the reader to Smyth's 
difquifition thereon (Vol. H. p. 50,) and to mention that the claims of 
William Fitzharding Berkeley in 1829, and that of his brother Admiral 
Sir Maurice Frederick Fitzharding Berkeley, G.C.B., in 1838, to be 
fummoned to Parliament as being feized of the Caftle and honour of 
Berkeley, were reje(5ted by the Houfe of Lords, the former in 183 1 being 
created Baron Segrave, the former titles having become extind;, and 
ten years later, the latter Baron Fitzharding in 1841. 

This Volume, like the former, will be found to contain many par- 
ticulars of great intereft illuflrative of the manners and cuftoms, which 
are now extindt and forgotten, of the period which it covers, and vivid 
pidtures of the habits and ufages of the great baronial families. 

The third Volume of the feries, containing the " Hiftory of the 
Hundred of Berkeley," will be fent to prefs immediately. Its contents 
will be no lefs valuable and ufeful than thofe of its predeceffors. 
Though thefe to fome extent will be of a more local character, there 
will be much of wide general intereft relating to the tenures of lands 
and manorial cuftoms, to fay nothing of the valuable pedigrees with 
which the Volume abounds. 

JM. 



®l)e Cift of ®l)oma0 t\)t jFonttl) 

Cfie life of Thomas lord Berkeley the fourth of that 
name ftiled in writings, Thomas de Berkelee chivaler, And 
Thomas dns de Berkele miles. And Thomas de Berkeley 
dns de Berkeley. And dns Thomas dns de Berkeley. And 
dns Thomas de Berkeley dns de Berkeley. And Thomas 
Berkeley miles dns de Berkeley. And dns Thomas Berkeley 
miles dns de Berkeley. And dns Thomas dns de Berkeley 
et de infula. 3llnb in ffrench le honorable feignior mounfieur 
Thomas de Berkeley fur de Berkeley 3llnli trefhon et noble 
feignior mounfieur Thomas &c : And nobilis vir Thomas 
Berkeley dns de Berkeley. 
%nii may bee called Thomas the magnificent. 
Contemporary with Edward the third, Richard the fecond 
Henry the 4* and Henry the fifth, from . 1368 . till . 141 7. 
C^c life of this lord I deliver to his poflerity under thefe 
fifteene titles . viz'. 

I. — f^i0 birth and courfe of youth . fol : [448] 

2. — ^10 hufbandries and hofpitality . fol : [452] 

3. — f^i^ forraigne imployments . fol : [454] 

4. — i^iiEt recreations and delights . fol : [459] 

5. — i^ijBi purchafes and fales . fol : [460] 

6. — J^ijf lawe fuites . fol : [464] 

7. — I^ijf almes and devotions . fol : [466] 

8. — J^i^ rewards to fervants . fol : [468] 

9. — j^ijef mifcellaines . fol : [471] 
10. — J^ijtf wife . fol : [476]. 
1 1. — J^i^ef iffue . fol : [477] 
12. — J^ijtf feales of Armes . fol : [483] 
13. — J^ijtf death and place of buriall . fol : [484] 
14. — CljC lands whereof hee died feized . fol : [485] 
15. — Cl^ Application and ufe of his life . fol : [486] 



447 



B VOL. II 



Cfjc %i\)e0 of rtjc 25arftcIfpiBr 



1368 



448 



Efoet. in turre 

London. 42. E. 3. 

pofl mortem 

Mauric : de 

Berkeley. 



J^isf birrt) ant> course of poutlj. 

l^C birth of this lord was at Berkeley Caftle in the vigill of the Epiphany 
the fifth of January called the twelvth Eve in the 26* of Edward the 
third. Anno. 1352. And now at the death of his father aged fifteen years 
five months and three days. 



C 



'Cl^ longe ficknes of the laft lord Maurice (occationed by his bloud fpilt in the 
battle of Poytiers twelve years before) and the minority of this Thomas his heire, 
may feem to have quickned the treaty of this Thomas his mariage, to prevent 
thereby the wardfhip of his body by a fpeedy mariage of his fon, if his own 
carta in caftro de growing ficknes fo conftrained . whereupon at Berkeley on wednefday next after 
Berkeley, ^j^^ ^^^^ ^j- ^he'^oly Trinity in the 41* of Edward the third (a year before hee 
dyed) It was agreed betweene him on the one part And Gerrard Warren lord de 
Lifle of y' other part, That Thomas de Berkelee his eldeft fon (hould marry 
Margaret daughter of the faid Gerrard : And that with her hee fhould pay to the 
lord Maurice one thoufand and one hundred markes,^ whereof 400I' at the mariage, 
And 700!' at fower days in three years following, And that after the mariage 
folemnized the lord Maurice fliould allow them two hundred marks by the yeare 
for their maintenance. And one hundred marks prefently : And that the faid 
Margaret by reafon of her tender age (then about feaven) fhould for fower years 
remaine with her father, And this Thomas de Berkeley with his father. 



original : 50 : E: 3. 
rot 40. in fccio 

claus : 47 E. 3. 
m. 28. dorfo. 

iia 34. E. 3. m. 5. 



311nll it will bee to the illuftration of divers paffages following, to declare in this 
place That this Gerrardus Warren diis de Infula ufually called Warrinus de Infula, 
by Margaret his wife one of the heirs of Sf Wiitm Pipard had iffue only one fon 
called Gerrard who fhortly after dyed without iffue. And that the faid Margaret 
now to bee maryed to this Thomas de Berkeley was the daughter of the faid 
Gerrard de Infula fon of Warren de Infula and of Alice Tyes his wife daughter 
and heire of Henry lord Tyes and of Margaret his wife fon of Henry lord Tyes 
who died the firft of king Edward the fecond. Two antient Baronies now to bee 
grafted into the third of ^ttht\e}9, 

2&ut 

^ Query : pounds as after flated? [Ed.] 



I4I7 



%ik of Cfjomajaf tfjc f ourtlj 



25ut the ficknes of the lord Maurice Berkeley increafing, notwithftanding the 
former agreement of fower years ftay : they were by | his requeft maryed at the 449 
faid lord Lifle his houfe at Wengrave in Buckinghamfhire in November next 
following And being himfelf unable to travell to his fons marriage, fent with his fon 
to attend him three of his houfhold knights. Sr Richard de Adlon, S' John Tracy 
and S' Nicholas de Berkeley, and 23 . of his houfhold Efquiers (all named in his 
houfhold Accompt ;) 3t|)£ knights were futed in their liveries of fine cloth of ray Comp : garderob : 
furred with miniver. And the Efquires in their liveries of courfer ray and lefs coftly i^'^' P','" ^^^° 
furre : And the young bridegroom himfelf was in fcarlet and fattin and a filver 
girdle 3Cn& the lord Maurice himfelfe that kept home, infirmed in body, in honor 
notwithftanding of the mariage, made himfelf a fute de panno deaurato, which I 
thinke I may Englifh, cloth of gold ; 3finb at the day of the folemnization Of the 
marriage, Sr Richard de A6lon gave the minflrels fourty fhillings : Out of this 
houfhold Accompt I can pick no more of this mariage. 

Cljt bridegroome and his knights returne to Berkeley. The lord Maurice dies Rot. fin. 42. E. 
the 8'^ of June following. The lands of Thomas his fon (now lord) becomes the 
kings in ward for two parts, hee then of the age of fifteen years and upwards as 
aforefaid, the firfl wardfhip that ever had happened in the line of Berkeley ; 1^0 
his father in lawe Warren de Infula, the king the firfl of 06lober following grants 
the cuflody of two parts of the young lords lands till full age for the rent of 400!' 
by the yeare. 

Clje infants mother the lady Elizabeth bringeth her writ of dower which to her Rec:infc=cio:i6. 
is affigned in Cowley, Upton S' Leonards and Awre, as before hath been touched, .j. E. 3. ito! 
and as after more fully is declared. 

Cl)0 guardian having hufbanded his fon in lawes eflate to the advancment claus : 48. E. 3. 
thereof without detriment, The ward, this lord, attaineth to full age the fifth of ""• 3°- 
January in the 47'^ of Edward the third Anno . 1373 . fueth his livery for his lands 
difcended unto him in the Counties of Somerfet, Glouc : Wilts, Effex and the City 
of Brifloll, And accordingly enters upon the Eflate difcended unto him from his 
father : of new ftocketh his demefnes. And falleth upon the old courfes of father 
and grandfathers hufbandries, that in this place need no repetition ; And forthwith Rot. franc 148^ 
paffeth to the warrs of ffrance as after followeth in his forraigne imployments, being E. 3 m : 8. 
knighted at this time. 

3llt the time of this lords marriage and for eight or ten years after this lords 

wife had a brother living called Gerrard after his fathers name maryed | to Anne 450 

B 2 daughter 



€1^ %rMe0 of tl^ lBethc\t)^0 



1368 



daus: 47- E. 3. daughter of Mounfieur Michael de la Pole, but dying without iffue about the 
"■ ' ■ ° °' begining of Richard the fecond, the wholl lands of the two baronies of Lifle and 
Tyes difcended upon this lords wife and this lord her hufband, which fell the more 
entirely through the death of her mother who died in 49'^ of the fame kinge. 



comp. de Slim- 
bridge 6. R. 2. 



carta in caAro 
de Berkeley. 



C^ lord Thomas bringeth his wife the lady Margaret to Berkeley about the 
fifth of Richard the fecond, whom her faid father accompanyeth ; And in fewe 
months declareth his affeftion foe entirely to him, her, and the place. That the 
thirtieth of November in the fifth of Richard the fecond in a french deed Indented 
between them, they publifh their mutuall agreements That hee the lord Lifle (hall 
at his pleafure come, goe and dwell in his Caftle at Berkeley at all hours, fliall have 
free hunting in all his fc«i in lawes chaces, parks, warrens, and in his free fifhings, 
And that in all voyages of warre they two travell togeather, And his faid fon in 
lawe bee unto him an unfeparable companion, And that hee and the iffues that hee 
fliall beget upon the body of his daughter, will alwayes ufe and beare the Armes of 
him the faid lord Lifle, when time, after his death Ihall come. 

comp : Recept. in Stltb accordingly the Armes of the faid lord Lifle and Tyes were by this lord 

caflrode Berkeley. Thomas fet up quartered in divers places within his Caftle of Berkeley, whereof 
thofe in the windows in the great Chamber and at the head of the hall fl;ayres 
before the Chappie doore do there yet remaine . Anno . 1624. 

cartae in caflro %Vii to fit the clofer to the humor of the good old lord, this witty fon in lawe 

de Berkeley, maketh his daughter a Joynture of all the lands of his inheritance which were then 
held by the lady Elizabeth his mother, and the lady Katharine his grandfathers 
widow, in dower or Joynture from either of their hufbands ; which two ladies left 
their lands and lives, the one in the ninth the other in the thirteenth of the faid 
king Richard, as is before expreffed, the better thereby to catch that great eftate 
of his father in lawes, which now comes tumbling upon him. 



Efcaet. 6. R. 2. 
n° 41. 

fin. 6. R. 2. m: 6. 

fin : 15. R. 2. pars. 

I. m : 6. 

clans : 18. R. 2. 

m. 17. 

cart : 6. H. 4. 

m : I. 



ffbt the good old lord de Infula the 28*^ of June next after thefe fweet and 
fociable agreements, in the fixth of Richard the fecond, | dyeth : And by offices the 
fame year found and returned his faid daughter is found to bee his fole daughter 
and heire, and to inherit thefe manors & lands, which then and fhortly after by the 
death of Jone and Margaret two wives who held part of them in dower and Joyn- 
ture, fell all in hand to tliis lord . viz? 

The manor of Wengrave in the County of Bucks. 

The manor of Kiflingbury 

The manor of Stowe 

The 



In the County of North ton 



I4I7 



%ik of €|)omasf tl|e fttmtfy 



In the County of Wiltefs. 



In the County of Berks 



The manor of Chilton foliot 

The manor of Nethercote 

The manor of Draycote 

The manor of Horewell 

The manor of Kinge 

The manor of HordweH 

The manor of Colcot 

The manor of Ordefton 

The manor of Buden 

The manor of CoUicote 

The manor of Shirborne 

The manor of Noke 

The manor of Fretwell 

The manor of Aylwerton 

The manor of Trewarnake 

The manor Penfans 

The manor of Charleton 

The manor of Tetcote 

The manor of Clonton 

The manor of Norbony 

The manor of Langdon 
And divers Advowfons of Churches, and many faire farmes, lands and Tenements 452 
in ffullam, ffavelore, Uplamborne, Leverton, Bockhampton and other places, As cartse et compi in 
the faid offices and many deeds Accompts and the great Chartulary in the Caftle ^aftrode Berkeley, 
of Berkeley do fhewe : fhee then of the age of . 22 . years, whereby the poffeffions 
of the two baronies of Lifle and Tyes came to the Berkeleyan family, which by this 
mariage doubled the eftate thereof. 



In the County of Oxon. 



In the County of Cornwall 



In the County of Devon 



3ilU thofe years of Edward the thirds raigne, after this lord Thomas came to Comp : divers 
' . ° manors, 

full age, and untill the 8'^ of Richard the fecond or neere thereabouts, hee purfued 

the prefidents of his Anceflors hulbandries as hath been faid; ^ftm began the times Stow et How in 

Vlt36. R. 2< Ct 

to alter, and hee with them (much occationed by the infurredlion of Wat Tyler and mult, al : 
generally of all the Comons in the land,) And then inftead of manureing his de- 
mefnes in each manor with his own fervants, oxen, kine, fheep, fwine, poultry and 
the like, under the overfight of the Reeves of the manors, who were (as ftill they 
are) each year chofen at the halimot Court of the manor holden about Michaelmas, 

and 



•■ 



€J)e Xibcjtf of tl^c 25crftrifpjEf 1368 

and were bound to the fame and collection of the lords rents without fallary, by the 
tenure of their Copihold meffuages and lands for which the Reeve was yearly 
chofen,) This lord began to joyft and tack in other mens cattle into his pafture 
grounds by the week, month and quarter ; And to fell his meadow grounds by 
the acre ; And fo between wind and water (as it were) continued part in tillage, 
and part let out and joyfted as aforefaid for the reft of that kings raigne 311nll 
after, in the time of Henry the fourth let out by the year ftill more and more 
by the acre as hee found chapmen and price to his likeing : And fo left his 
eftate in the fifth of Henry the fifth when hee dyed, 25ut in the next age that 
fucceeded, his nephewe and heire male the lord James who fucceeded in thefe 
manors, (as did all other great lords of manors almoft throughout the wholl king- 
dome,) in the times of Henry the fixth and Edward the fourth and after, yea to this 
prefent day, hee and they let out their manor houfes and demefne lands, fometimes 
at racked improved rents according to the eftimate of the time, And fometimes at 
453 fmaller rents, taking a fyne or incombe | of their tenants as they agreed, which is 
the generall courfe and huftjandry for farr the moft part, to this very day. And (to 
conclude with the voucher of my felfe,) it is that courfe whereunto after much toyl- 
ing and turmoylinge with the plough, fervants and huftjandry, I am now fallen into, 
Hopinge that the litle remainder of my life, fhall thereby have more profit, and 
Country quiet, then the foure and irkfomenes of toile and hind fervants would 
hitherto permit mee to taft of : And let me conclude in him that is the true period 
of all I write or fay, And without whom I had neither written nor brought to birth 
any thing that is herein fpoken, as being my principale movens and the caufa 
caufans fine qua non, George now lord Berkeley, And the rather becaufe henceforth 
I meddle no more in thefe relations with this title of Hufbandry : when hee fhall 
attaine to one and twenty years, enjoy his lady, and they a family anfwerable to 
their births and dignities, and fettled themfelves to live at Berkeley Caftle, or elce 
where in the County of Gloucefter, as all his noble and worthy Anceftors hitherto 
have done, (his degenerating grandfather in part excepted,) hee will have no better 
courfe then to advance his demefne lands to an improved rent payable quarterly, 
(as that Country fafhon is,) And rather to fupply his proviffions for wheat, oates, & 
Straw, by the Tithes of fome appropriate parfonage not farr from his abode, or by 
refervacon upon fuch leafes monthly or quarterly to be brought in, than to keep 
much tillage in his own hands, (the natures of hind fervants, bayleys of hufbandryes 
and other incidents confidered ;) And no more (at moft) of other grounds, then may 
fupply his proviffions of beefe and muttons : But for the plough, none gaineth there- 
by but hee that layeth his eye or hand daily upon it ; And as Clownes get it. 

Clowns 



1417 



%ift of Ctjomaisf tlic fouttti 



Clowns againe fpend it : Contrary arguments (for the ftate of that Country) are 
drawn, but out of the region of S^ Thomas Moores Vtopia. 

SHjef for the days works which his Copihold tenants at each feafon of the year Comp. de Slim- 
according to the nature of hufbandry, did to him in each of his manors, in helping: bridge et Kuril in 
J r -11 J L- J / 1 , r caftro de Berkeley 
to drefs, till and manure his demefne lands, after a proportionable rate for a yard 9. R. 2. et divers: 

land, half yard land, and farrundell, they alfo were turned into money and made as *'*^' 
pcell of the old Copihold rents. In which condition they continue to this day now 
undiftinguifhable ; As alfo were his rent hens, eggs, and mafl money. 

3llnb (to the praife of this lords hufbandry) for foe much as hee kept in hand, 

none was more profitably hufbanded by any of his Anceftqrs | fervants, which foe 454 

frugally was accompted for, As in the time of Henry the fifth (when his eftate was ^^^' 'l^J^'IS' 

at the higheft, and hee in old age) they accompted not only for the broken wooll, 2. 3. et 4. H. 5. 

but for the taggs and locks arifinge at the belting^ of his fheep in the folds. '" ^^^'^° predi<ft. 

f(ot the proviffion of his own table, this lord had yearly divers oxen fatted at comprdeSimonds- 
Simondfall cum avenis in garbis with oates in the ftraw, which manner of feeding I ^afl^'d^s ifi"* 
have not formerly obferved in the dayes of any of his Anceftors, neither do I well 
conceive the reafon thereof: Hee having fo rich and fweet feeding grounds for 
grafs and hay in places more neare unto his caflle where his abode then was ; And 
henceforth I bid (in effe6l) farwell to this harmleffe trade and title of Hufbandry 
which hath on its fide above all trades, better warranty, a fairer name, a more virgin 
fame and all feniority. 

^10 forren impIopmmtjEr. 

^n tt^e 48'^ year of the raigne of Edward the third in the 22* of his age hee franc: 48. E. 3. 
went to the warres in ffrance in comitiva Edmundi de mortuo mari Comitis Marchie, 
At what time went alfo with him many of the principall gentlemen his neighbours. 

3llntl being returned from thofe warrs, this lord and Hugh Earle Stafford are franc: 49. E. 3. 
authorized to array all men at Armes in the County of Gloucefler between fixteen 
and threefcore. And to ere61; Becons (beknes) to give tokens by fire from thefe hills, 
of the enemies landings &c. 



3In the firfl and fecond years of Richard the fecond, this lord was imployed Rot. franc. 2. R. 

both by fea and land in the warrs that then were hott both againft ffrance and q^^ ^^ jjj,n_ 

Spaine. 3[n i- 2- R- »• 

1 To Mi is to (hear the buttocks and tails of the flieep. 



< 



Rot. franc 4. R. 3. 
m: 14. 15. et 16. 



455 

code dorfo. 



€!)£ %itc0 of tl^ ^HSxthekp^ 



1368 



2|n the 4'^ of Richard the fecond, this lord was fent into Brittaine againfl the 
French with a regiment of men at Armes and Archers, whom his third brother S' 
John Berkeley accompanies : And upon the 30* of March the king commands all 
his officers to provide lodging, viftualls, and carriage, for them and their Armes : 
And for the good fuccefs of this Army | (over which the Earle of Buckingham the 
kings unckle, after Duke of Gloucefter, went generall,) were publicke prayers com- 
manded to bee made, for that (faith the record) the French making fhew of peace 
under colour of treaties, with great fubtilty had deceived the king. 



claus:8.R.2.dorfo. 3|n July in the 8*? year of his i^igne, this lord went with the king againft the 

^ in'dorfo • Scots, after hee had all the former part of that year been travelled in muftering and 

Arming of foldiers, to withftand the invafion of the ffrench, intending a deftrudlion 

of the kingdome, as the records are. 

comp : de Slim- ^n the 9* year of Richard the fecond, this lord Thomas with a great troup of 

How : et at : ^'^ fervants and tenants went with the king into Scotland, who, faith the hiftories 
froifard : of thofe times, ledd an Army, than which there hath not been feene a fairer, ftronger 
or greater, which harroweth over that Country, And foe returned. 



comp : de Slim- 
bridge et al : 10. 
R. 2. in caftf de 
Berkeley. 

How : et at. 



Clje next year the king cometh to Berkeley Caftle, whom this lord royally 
entertained, As by the Accompts of the Reeves of his manors in that hundred may 
bee colle6led, from whence hee drew a great part of his proviffions what time the 
wholl kingdome was in preparation to withftand the invafion of the French, then 
ready to have invaded the land ; if wind had ferved for his tranfportation between 
the firft of Auguft and the laft of November. 



Rot franc : 16. R. 
2. m : 10. bis. 



3In. the 16* year of the kings raigne, this lord went beyond feas into fifrance 
and other Cbuntryes, And upon his departure in September had the kings licence 
to take fhip at Dover, Orwell, or Leiftoft, as hee fhould choofe with fifteen fervants 
and fo many horfes and their Armes, and with one thoufand markes in money in 
exchange for his and their expences beyond feas : This was no martiall expedition, 
but occafioned as it may feeme upon greefe conceived by the death of his wife, or 
to avoid the danger of Court ft^ormes, which then began to blufter with an hollow 
wind. 



Hollinges:fo:498. IBI)t{^ King Richard the fecond in the laft of his raigne was in Ireland re- 

504- 505- ct a . ygnginge the murder of Roger Mortimer Earle of March and Ulfter, comitted by 

the 



1417 tlife of Cljoimsef tfyt fouttfj 9 

the Irifh, Henry Duke of Lancafter returneth from his banifhment into England, 

(whom this lord Thomas too much favoured,) And fhortly after his arrivall cometh 

to Berkeley, in the church whereof and in the Caftle of Berkeley upon the funday 

after S' James's day was held that famous affembly betweene the Duke and Edmond Anno. 1399. 

of Langly Duke of Yorke the kings unckle, Earle alfo of Cambridge, This lord ^^' 

Thomas and many other the great peeres of the Land, which fhortly after coft 

kinge | Richard his Crowne, which was fet upon the head of the faid Duke of 456 

Lancafler : In which affembly how the afifeiSlions and Counfell of this lord Thomas 

fwayed, his prefent imployments declared, for within a fewe days after, hee made 

himfelf a fpetiall witnes at fflint Caflle of king Richards promife to renounce the 

Crowne ; And on Michaelmas day following teftified the fame in the Tower of Walfingham. 

London before king Richard, who then there fubfcribed the fame to bee true : And 

the morrow after when by the three eflates of the land affembled in parliament, A 

Bifhop, An Abbot, an Earle, a Baron, a Judge, and a knight, were out of that 

reprefentative body chofen, to take, publifh and pronounce the kings adluall refig- 

nacbn of his Crown and kingdome, and accordingly to depofe him, This lord 

Thomas was the ^attm in that waighty and dangerous imployment, having till that 

time infepSrably accompanyed the Duke of Lancafter in purfuit of King Richard 

(ince his departure from Berkeley. 

CljC si'!' of July in the third year of Henry the fourth the king fends to this claus : 3. H. 4. 
lord to meet him at Hereford, the 2 7'^ of Auguft next, thence to goe with him 
againft his malitious enemies Owen Glendourdy whom with his complices hee 
purpofeth utterly to overthrow. 



^In July in the 4* year of Henry the fourth, the king ordained this lord one of Rot. voiag. a. i. 

the guardians for fafe keeping the Marches of Wales againft the incurfions of Owen ^ ' ^' ' '^' ™' 

Glendourdy and other rebells : And commanded the Sherifes of fix Counties to bee pat. 5. H. 4. ps. 

T Tvi a 

attendant to him as need fliould require. 



Cl^ 22"? of March in the fifth year of his raigne, the kinge made this lord ^'^"^ '■ 5- H. 4- 
Thomas Admirall of his fleet of fhips from the mouth of Thames weft and fouth- code pars. 2. 
ward, with power alfo over his fubjefts in the Counties of Devon, Cornwall, 
Somerfet, and Dorfet, who are to bee attendant on his directions : And himfelfe to 
bee at Sandwich by the ninth of Aprill following. %t^ a litle before was hee 
chofen and fworn one of the kings privy Counfell in open parliament, where I con- Rot. parliam. 5. 

. „ H. 4. m. 12. 

ceive alfo hee was chofen Admirall. 

* mm 

C VOL. 11 



lO 



€lje %i\it0 of t^t 25crftdcpiEf 



1368 



carta in cadro de 
Berkeley. 



457 



daus : 5. H. 4. 

pats. I. m: 29. 

code : dorfo. m. 4. 

S. 6. et. 7. 



%vSt by Indenture dated the firfl of May in this fifth of Henry y' fourth It was 
agreed between the king and this lord, That for fafe guard of the Realme hee 
fhould for one quarter of the year have with him upon the fea, 300 men of Armes 
whereof five to bee Banets himfelfe | accompted, eleaven knights, 285 . Efquires, 
which (hould bee of his own retinue : And to have further in his voyage . 600 . 
Archers, and feaven (hipps feaven barges and feaven ballingers double manned with 
mariners ; And with thefe to bee at Southampton the 1 2* of that month : And 
the king to have the fourth part of all gaine got at fea from the enemies. And this 
lord and his company the other three parts. 2B»ut if any great cheiftaine was taken, 
hee to remaine to the king, yet to bee recompenfed reafonably for him ; And further 
that this lord fhould continue on the fea with his company till Michaelmas, if the 
king gives him a monthes warning before the three months bee out ; Howbeit hee 
kept the fea till December following. And the 24^ of that month the king comands 
him to goe to Plymouth where hee then was with fome of his fhips, to Burdeaux 
for fome fervice there to bee attempted : And for the better furnifhing of this 
voyage, fold his manor of great Wenden in Effex. 



comp. rec:5.H. 4. 
in caflro de Berk. 

Rot. voiag. a. i. 

ad II. H. 4. m : 

18. 19 inarce 

London. 



5|n the fame 5* year of Henry the fourth upon the tumults raifed by Owen 
Glendour and his partakers in Wales, this lord was fent thither with a great power 
for the appeafing thereof, which for that time hee did, wherein hee fpent the later 
part of the yeare; what time the king made him keeper of his Caftle of Brecknock, 
And then alfo gave him a Comiffion to take up fix barges in the Counties of 
Briftoll, Somerfet and Glouc, and fo many mariners as fhould fufifice for them to 
goe to fea with them at the kings wages, with all diligence, which hee did. 



Walfingh: Cl)0 ffrench were enemies to the Englifh, And the more to endamage the king 

Holling(h:fol:53i. of England in the d'"* of his raigne came with a Navy of one hundred and forty tall 
fhips to ayd Owen Glendour then alfo in Arms againfl the king, and his mofl 
How, fol. 333 dangerous enemy: Thefe, this lord and Henry Pay a Captaine under him, valliantly 
fet upon neere Millford haven, where they intended to have landed,' And after longe 
fight burned fifteen of their fhips, and tooke 14 . others fluffed with men, munition, 
and vi<5tualls. And foe returned with honor and profit. 



Walfingham Sfittil at another time this lord and Pay, and Thomas Swynburne (one of his 

domeflick knights) tooke fourteene other French fhipps as they failed towards 
Wales to thp fouccor of the faid Owen Glendour, wherein the Senefchall of ffrance 
and divers Captaines of note were taken prifoners. 



I4I7 



Hife of Zi^ama^ t^t fouttf) 



II 



3(ll^ in the fixth year the 28'!" of 06lober the king writes to his Colledlors of ^laus. 6. H. 4. 
the Tenth of the Clergy granted at the lad parliament in the province | of Canter- ,^8 
bury in the Arch deaconryes of Exon, Totton, and Barnftable, declaring that 
whereas the lord Berkeley his Admirall hath lent him one thoufand pounds towards 
his warres by fea, That they do repay him out of the firfl; moneys of the fubfidy of 
thofe Counties of Devon, Cornwall, and Dorfet, And for default thereof out of the 
faid Tenth of the Clergy, And it fhould bee allowed them upon their accompt. 



3finll the 15'? of July in the faid 6'!' year, the king authorizeth this lord alone Pat: 6. H. 4. m. 15 



to mufter and Arme all the able men in the Counties of Glouc, Briftoll, and Somer- 
fet, to withftand the in-curfions of the Welfh. And willeth him if need fhould fo 
require whilfl: hee fhould bee in his fervice in the North, That then hee make Wittm 
Beauchamp lord of Abergavenny his Leivtenant in South Wales to execute his 
diredlions. 



in dorfo. 



3Cnb in the 7^" year of Henry the fourth, hee was the generall commander and Rot. voiag. a. i. 

Ingeneer in the Timber works ufed in the Welfh warrs, for the feige and debella- g/jV • "*•""■ 9- 
tion of the Caftle of Lampadervar in Wales, held by the kings enemies. 

3[n March in the third of Henry the fifth this lord was required with his fon pat. 3: H. 5. pars. 
in lawe the Earle of Warwicke to mufler and trayne men in the Counties of Glouc: 

Somerfet and Brifloll ; And in June following by a fecond comand, to defend with eode pars. 2. dorfo. 
them the borders of Wales, and to refift the welfh, wherein that fomer was fpent. 



<©f this lord, Michaell Drayton in his defcription of the battle of Agencourt 
fought againfl the wholl power of the ffrench in the year. 141 5 , in two ftanzaes 
hath thus : 

Berkeley and Burnell two brave Englifh lords, 

fiflefht with ffrench bloud and in their valors pride, 

Above their Armed heads, brandifhing their fwords 

As they tryumphing through the Army ride, 

Finding what prizes fortune her affords 

To every Soldier, and mofl wiftly eyde 

A gallant prifoner by his Arminge, fee. 

Of the great Bourbon family to bee. | 

And from the foldier they this prifoner take. 

Of which the ffrench lord feemeth wondrous faine^ 



Lewis Duke of 
Bourbon taken 
prifoner by a mean 
foldier and after 
flab'd by him. 



459 



c 2 



Thereby 



< 



i<a 



comp. temp. R. 2. 
manor de Slim- 
bridge, Ham, 
Cowley et divers, 
al. in caflro de 
Berkeley. 

Comp. de Hurft 

6. R. 2. in cailro 

p'didl. 



comp. 12. R. 2. in 

ca(l.p'di<5L de 

Slimbridge et al : 



€l)c Uitjfjat of tfjc ^cthdep0 1368 

Thereby his fafety more fecure to make, 

Which when the foldier finds his hopes in vaine, 

Soe rich a booty forced to forfake, 

To put himfelf and prifoner out of paine 

Hee on the fodaine ftabs him, and doth fweare 

Would th'have his ranfome, they fhould take it there. 

J$i^ crcnratton^ anti tidi0l)t^« 

Of all his Anceftors this lord was the moft magnificent flately and fumptuous, 
and more given to the fports of the field, (if more may bee,) then any of his fore- 
fathers ; As may be collefted, from his yearly charges in keeping of hounds and 
gray hounds for the chace of the hare, deere, fox, and badger, which hee not only 
did at his own manfion houfes, but at mofl of his granges and farm houfes : where 
at Hurfl thofe hounds of that place in the 6'^ of Richard the fecond eate him eigh- 
teen quarters of Barley and Oates. 3llllb of his feveral kinds of hawks for the feild 
and river. Hee alfo would to the threfhing of the cock, pucke with hens, blindfold, 
and the like ; Hee alfo kept his feverall ftables of great horfes at Berkeley and 
Wotton, And at Berkeley hee kept great flore of tame Pheafants, As by the wheat 
allowed for their feeding and wages of their keeper appeareth. 



comp: de Berkeley ^cc had alfo at Berkeley his barge houfe at the Caflle bridge foote, and his 

I a. 13. . 2. e^a^. y^^^.^^ f^j. j^jg (Jeiigju; and recreations, afwell upon the haven as the river of Seavern, 
in which were his fea furnitures in a fumptuous manner. 



comp. de Berkeley 
get. 10. R. 2. ibm. 



^tC much inlarged the ditch of Berkeley Caflle, by taking a part of the Church 
yard, which hee recompenced with an yearly rent of . 6' 8"^ to the prifhioners for 
amends, out of three tenements in Berkeley, and for the buying and maintaining of 
a litle fans bell, whereby the garden that was formerly in that place was deftroyed ; 
And this hee did with better fucceffe then Maurice the firfl that committed the 
like aa j 



460 

cartae. 12. H. 4. in 
caflro de Berkeley. 



^tZ alfo inlarged divers of his parks, As Newparke, Over, and others, increas- 
ing therewith his games of deere ; And by buying in the freeholds of Robert Hurd 
and others made the Worthy, (called the Worthy or Caflle park,) firfl a parke ; In 
the further end whereof, called the Twichen, next Newport, was the Capitall 
meffuage or Scite of the manor of Alkington, where the Courts of that manor were 
ever kept, flill difcernable by the mott that compaffed that houfe ; In the floore or 

pavement 



hi; 



life of €!)omaiS tlie f ourtft 



13 



pavement whereof are ftill, (though divers of late years have been cut down and 
fold,) many faire great Elmes growing. 

1$i0 pmct^a0e0 anJj ^aW of lantg. 

Cl)C care which this lord Thomas had to inlarge his eftate, (notwithftanding 
his coftly delights and pleafures,) feemes litle inferior to the carefulleft of his 
Anceftors ; which addeth the more honor to his memory, in that hee had noe iffue 
male of his body to inherit him, as after appeareth. 



3[n the 49*? of Edward the third, (affoone as hee had fued livery,) hee pur- ^^^"^ : 49 = E : 3 ; 

chafed divers meffuages lands and Tenements in Slimbridge prifh of Ralph Wallies, Efcaet: 5 : H : 5: 

pod mort. Tho : 
dni : Berkeley. 



which at this day are the greateft part of the manor of Sages. 



^'n the 4'J' of Richard the fecond, this lord purchafed of one S' John Roch one 9^''if !" ^^™ 

..... de Berk, 

knights fee and one acre of land in Cricklade in Wiltfhire, & the Advowfcxn of that 

Church. IDf^rtCUpon take this note, That an entire knights ffee confifteth of fower 

hides of land, one hide of fower yard land, one yard land of fower farrundells. And 

one farrundell of ten acres ; A proportion throughout this barony, in all the old 

grants made by this lords fower firft Anceftors, of lands by them enfeoffed in the 

hundred of Berkeley and elcewhere ; As in my regifter booke of the lord Berkeleys 

tenures by knights fervice I have touched ; which booke if God grant health I 

intend hereafter to reviewe. 

^n the feaventeenth of Richard the fecond, this lord purchafed of Walter lord ^^^nj chart : fol. 
"^ '^ 239. m callro de 

ntj wauter the Advowfon of Saint Andrews church by Baynards Caftle in London. Berkel. 



3In the iS'? of that king, hee purchafed one fayre to bee holden at his] Towne 
of Berkeley, in the vigill and day of the invention of the holy croffe, called hollirood 
day, in May, with all liberties and free cuftoms to fuch a faire appertaininge, dated 
the 16* of ffebruary ; which foe continueth to this day. Anno. 1624. And feems 
to have been wanting thitherunto : And the reafon in part may feeme to have been 
becaufe in times fo ftirring as former ages had been, the lords of that Burrowe 
Towne would not draw fuch concourfe of people to their Caftle gates, wherunder fo 
great danger and fo eafy a furprize might by their oppofites have been pra<5lized. 



461 

Rot. cart. 18. 19. 



R. 



2. m : 13. 



3In the 2 2'!" of Richard the fecond hee purchafed of S5 Thomas Arthur knight carta in caftro 
divers meffuages and Tenements in Wefton in Gordano in the County of Somerfet, 
enlarging thereby his antient manor of Portbury. ij^fje 



< 



14 



carta in caflro 
de Berkeley. 



€f)c %\\ic0 of ttte fBcchelcpiBf 



1368 



-Ctje fame year hee purchafed of Thomas Norton, an antient meffuage called 
Whelpfplace, and divers other lands in Wraxell in the faid County whereby hee 
further inlarged his faid manor of Portbury. 



cartae in caftro i^lje fame year hee purchafed of Almaricus de San6lo Amando, the manors of 

Southcerny and Cerniwike in the County of Glouc' 



cart : 2. H. 4. ps. 
3. m : I. 

pat : I. H. 5. pars. 
I. m : II. 



Cljf 24'!' of Auguft in the fecond of Henry the fourth hee purchafed of the 
king free warren in his manors of Walton, Wefton Portfhead and Charelton in the 
County of Somerfet, which alfo in the firft of Henry the fifth were by that king 
confirmed unto him : As alfo then was the grant of free warren made to his 
Anceftor Maurice the fecond in the 8*? of Edward the firft, As in his life is 
expreffed. 



carta in caftro ^n the la*?" of Henry the fourth hee purchafed divers lands and tenements at 

^' Wixtowe near the woods end of Hill ; and two groves there called cat grove and 

See before hanginge grove, for the inlarging of Newparke, part whereof his grandfather the 

°' '■^''*-' lord Thomas the third, before in the 33'!' of Edward the third, got in. 



fin. in banco Term 
Mictiis. 12. H. 4. 



(CljC fame year hee purchafed of Robert Stanfhawe and Ifable his wife a 
meffuage and fixteen acres of land in Bradley near Wotton under edge. 



carta in caftro ^n the 1 3'!" of Henry the fourth hee purchafed the manor of Wike in Wilt- 

er e ey. ^jj.g ^f gr WiUJam Efturmy knight. 



Cl)e fame year hee purchafed a meffuage and divers lands in Horton and Yate 
of Robert Stanfhawe and Ifable his wife aforefaid. | 

Cl^e fame year hee purchafed the Advowfon of the Church of Portefhead in 
carta in caftro Gordon, and goreacre, of Reginald Hall in the County of Som' now the inheritance 
of the mayor and Cominalty of Briftoll ; And alfo at the fame time the Advowfon 
of Walton in the faid County. 



carta in caftr. 

de Berk : 

finis. 13. H. 4. 

in banco. 

462 



daus: 13. H. 4. m. 
17. et 18. dorfo. 



finis in banc : ^n the fame year hee purchafed the Advowfon or foundacon of the Abby of 

aiuienti/c^led King^wood, otherwife called the Abby of Myryford by Wotton under edge, of the 

acholt. Ciftertian order, of Richard Chedder and Elizabeth his wife, daughter and heir of 
See fol. . 

Robert Cantelo, fon of Robert and Maud his wife, fifter and heir of S' Nicholas 

Berkeley 



I4I7 



Uife of Cijoitiflitf tlje f ouctf) 



15 



Berkeley lord of Durfley ; (In which Nicholas failed that antient Saxon name of 
Berkeley of Durfley,) as formerly hath been faid in the life of Robert the firft. 

3fn the 14"' year of the faid king hee purchafed of John More and Margery 
his wife, daughter and heire of Reginald Walleis, a meffuage and carucate of land, 
and divers other lands, wood, and cheife rents, in Wike, Berkeley, Hame, and 
Alkington. 

^n the firft year of Henry the fifth this lord purchafed of Julian Banifter the 
moytie of the manor of Nethercote in Wiltftiire for her life. And the fee thereof 
of Trevilines and Alet. 

Cl)e fame year hee purchafed divers fair lands and tenements in Eftpike in the 
Tything of Tetcote in Devonfhire. 

Cl|e fame year hee obtained a confirmation from the king of free warren 
throughout all Berkeley herneffe, and in Portbury in the County of Somerfet. 

3In the fecond of Henry the fifth hee purchafed of John Ap-Adam and 
Margaret his wife, the manor and lordfliipp of Sherncote in Wiltfhire. 



carta in cafl.ro de 
Berkeley. 



carta in caftro de 
Berk : magn : 
chart : fo. 229. 



carta in cafl.ro de 
Berk: 



fin : I H. 5. ps. 2. 
m. 10. 



carta in can.ro de 
Berk, magn : 
chart, fo. 399. 



3In the third of Henry the fifth hee purchafed by fine the manor of Tykenham 
in the County of Somerfet, of Sr Thomas fitz NichoU knight, a difcendant from 
the lord Robert the firft, as formerly I have written in his life. 

5llnll to eafe my pen, If this family caft an eye into the feverall Inquifitions 
found after the death of this lord in the fifth of Henry | the fifth, and into the 
Inquifition in the I7'^ of Henry the 6'!" And into a quae plura the fecond year after, 
all found after the death of Richard Beauchamp Earle of Warwicke who had 
married this lords only daughter and heire, they fhall find nigh fowerfcore other 
purchafes made by this lord of houfes and lands in the City of Glouc : Berkeley, 
Wotton, Awre, Arlingham, and other places in the County of Gloucefter ; 3llnJ) in 
Portbury, Bedminfter and other places in the County of Somerfet ; 3llnJ) in Chick- 
lade and other places in the County of Wilts ; none of w'.'' are formerly mentioned ; 
(of all which the faid lord made a feoffment to Walter Poole on midfomer day 
before hee dyed, not declaring to what ufe ;) %nti if this family will looke further 
into a heap of little deeds themfelves remaining in Berkeley Caftle, and into certaine 
rolls or abftradls of many other deeds in Berkeley Caftle alfo, (whofe originalls are 
periflied,) they fhall find above five hundred other fmall purchafes more, by this 

lord 



finis in banco. 3. 
H. s. 



Efcaet. 5. H. 5. 
pofl mort d(5ti 
Thorn : 

463 

Efchaet : 17. 18. 
H. 6. in arce 
London. 



Carta in cafl.ro de 
Berkeley 



i 



i6 €l|e %i\xe^ of ttje ^crhdcp^ 1368 

lord and by his father and grandfather, (fome of leffe then an acre,) of free hold 
lands that lay intermingled with their demefnes and the Copiholds of their tenants, 
none of which are formerly quoted by mee ; which gave this lord, (as they did 
them,) the means to inclofe the Worthy or Caftle parke, and to make a parke of 
it, as this lord firft did, And to reduce many other faire inclofures into feveralty ; 
And no one endeavour was greater with this lord and them, thofe two precedent 
Anceftors, then to buy out as many of fuch freeholds as would bee fold, the maine 
obftacles to their inclofures improvements and convercbns, and to the beauty and 
inriching of their barony, 

9&Ut indeed of this title of purchafes, I (hall in the lives of thofe lords that 
follow, have fales of manors, without rebuyings ; And infteed of hufbandry I fhall 
have fwarmes of law fuites without gaine or recoverings. And the like a cleane 
contrary way, as after foUoweth. 

daus: 5. H. 4. StltD for the fales of this lord Thomas, hee fold only, (for ought I find,) the 

pars. I. dorfo : manor of great Wenden in Effex, in the fifth of king Henry the 4'!" to Wittm 
Loveny ; which was done to furnifh himfelf to fea, then made lord Admirall, the 
king wanting money to fet out his fleet, which this lord in part thus fupplyed ; And 
the rather becaufe hee was caft into that office by the appointment of the parlia- 
ment, as already is touched. | 

464 ^i0 jtfuitejef iii latoe. 

Trim. i6. R. 2. 3fo the 16''' year of Richard the fecond, hee was queftioned in the Exchequer 

for a Releefe for thofe manors and lands which the lady Katharine his grandfathers 
Baronia fecond wife held of his inheritance in the Counties of Gloucefter and Somerfet, 
(there named,) eftimated to a third part of his lordfhipp of Berkeley, fliee dead then 
feaven years pafl ; And which were holden of the king in Capite by five knights 
fees, faith the record ; In avoydance of which demand, hee pleadeth that no releefe 
was due, for that hee was in ward to king Edward the third after the death of his 
father, afwell for the revercon of thofe manors and lands held by the faid Katharine, 
as for his other manors and lands difcended upon him in poffeffion. whereof the 
faid king by his then Efcheator was anfwered the profits ; As of the Caftle and 
Town of Berkeley with the members thereof, as Hame, Alkington, Appleridge, 
Hinton, Slimbridge, with the Advowfon thereof, Cowley, Upton S' Leonards, and 
two parts of the hundred of Berkeley ; 3lnD further fet out That to the lady Eliza- 
beth his mother, was then affigned for her dower after his fathers death, the manors 

of 



rot. a I in fccio 
cum rem thefaur. 



14 1 7 3tife of Cfjomajf tljc fouttfj 17 

of Cowley, Upton S' Leonards, and Awre, as the third part of two parts of his 
fathers lands : And further averreth that Warren de Infula (his wives father,) had 
the profits of the faid two parts of his fathers lands, by the kings grant made to 
him the firft of October in the 42'!' of Edward the third, during his minority ; And 
from his fathers death till that grant, the kinge himfelf by his faid Efcheator was 
anfwered the profits, as in his Accompt appeareth : which longe proces was con- 
tinued upon the roll, till the 1 1'^ of Henry the fourth. And then was this lord over- 
ruled to pay . 6'.' 15? for a releefe for thofe manors, which the faid lady Katharine Baronia 
held in dower, as the tenth part of the barony of Berkeley. 

Cijt fame year arofe another Exchequer buifines more full of trouble, about i^- R- '■ 
the hofpitall of S' Katharines in this lords manor of Bedminfter, whereof his 
Anceftor Robert the fecond was founder as in his life appears ; wherein the maine 
queflion was, whether the faid hofpitall, and the Chantry founded in the Chappie 
there were one and the fame or not ; which was by Jury found foe to bee, And fo 
avoided the charge ( of the record ; which tooke begininge from an injurious In- 4^5 
quificbn found before the Efcheator of that County of Somerfet. 

3fn the ninth of Richard the fecond, the faid Lady Katharine his grandfathers ^n = 9- R- «• "»• 4- 
fecond wife being then dead, this lord fued livery for fuch lands as fhee held for her 
life of his inheritance in the Counties of Gloucefter and Somerfet, And for twenty 
fhillings hath his homage refpited. 

^n the 13* of Richard the fecond, the lady Elizabeth his mother dying, this claus: 13. R. 2. 
lord entred upon the lands which fhee held in Joynture and dower. As the manors 
of Cowley, Upton S! Leonards and Awre, with Etlowe and Blakeney and the hun- 
dred of Blediflowe, and one meffuage and yard land in Saintly, And the manor of 
Hurft, and twenty and two marks rent in fframpton. And — 12'.'' 12? rent in Came; 
And upon great Wenden in Effex, and upon two parts of the manor of Portbury, 
And three meffuages and two yard land and one dove houfe in Portefhned, Criflon 
and Uphill, with the Advowfon of Brene, And ten pounds rent out of the lands of 
the lord Zuch in Bridgwater, And upon the Ifle of Stepholmes, in the County of 
Somerfet ; And a meffuage and threefcore acres and ten fhillings rent in Chicklade 
in Wiltfhire. 

3:11 the II* of Henry the fourth, this lord Thomas brought his Affize of Rec : exemp : m 
novell diffeifin againft Wittm Teft and two others of Frampton upon Seaverne for *^^^''° ^^ ^^'^^ • 

fix 
D VOL. n 



•i 



1 8 €Ue Hitjctf of tf)c ^cvMcp0 1368 

fix hundred acres of land in Slimbridge, wherein upon a Tryall before Judge Hulls 
at Gloucefter Affizes hee recovered his feifm, and five pounds for damages : This 
vide fol : was of Slimbridge Warth, which his heir male the lord James in the fifteenth of 
Henry the Sixth exemplified, when further fuite was about that warth. | 

466 1^10 ^dlmcje^ anti tie\)otionjSf. 

Bulla papal : fub ^^e Vrban the fixth in the fecond year of his popedome, the 9* of July in the 

c^ro<k Berkeley, fourth of Richard the fecond. Anno : 1380, by his Epifcopall bull gave leave to this 
lord Thomas and to the lady Margaret his wife to chufe for their confeffor fuch a 
fit and difcreet priefl as they pleafed, to heare their confeffions, give them abfolu- 
tion of their fins, and to enjoyne them wholfome penance, unles it bee in thofe 
cafes, wherein the Apoftolike fea is firfl; to bee confulted with : Affuring all men 
that infringe this his holines grant, that they incurre the indignation of Allmighty 
God and of the bleffed Apbftles Peter and Paul. 

%vil the fame day and year by his other bull, granted to this lord Thomas and 
Margaret his wife to have a portable altar, whereat either by their own priefl or 
any other they might fay maffe and other divine fervice in their own prefence. 

%nh the fame day and year by his third bull granted that the Confeffor which 
either of them the lord Thomas and Margaret fhould choofe, fhould have from the 
Apoftolike authority by vertue thereof, full power to give them full remiffion of all 
their fins, for which they were contrite in hart and which they had confeffed with 
their mouthes once only in the inflant of their deaths, they then perfifling in fin- 
cerity of faith, and in the unity of the holy Roman Church, and in the obediance 
and devotion of his holines or of his fucceffors canonically entringe into that chaire : 
yet foe that what their confeffor fhould enjoyne them, bee by them performed if 
they live, or by their heir if they dye ; And foe that for this grace obtained they 
bee not made more prone, (which God forbid,) to unlawfull things, which, if upon 
confidence of this remiffion of their fins, they doe the rather comit. That then as to 
thofe fins the forefaid remiffion fhall not extend. 

3llnl> hereupon 1 may by a pardonable digreffion fay, That at this time the 
Schifme in the papacy continued, Clement the feaventh was now alfo pope and held 
his fee at Avignion in France ; And was, (as many hiftories in thofe and thefe 
times report,) generally acknowledged for lawfull pope by the ffrench, Spaniards and 

467 Englifli ; Howbeit it | feemeth the perticuler affedlion of this lord and his wife went 
after Vrban, or els graces were of him obtained at an eafier price than of Clement. 

m 



I4I7 



Hife of €!)oma.flJ tfje f ourtf) 



19 



(©f which Vrban it is thus written, That he was the . 204'!" Bifhop of Rome, 
chofen pope in the year — 1378. A Neopolitan, Arch-bifhop of Bari and no Cardi- 
nall, created pope at the purfuite of the Romans, hee being abfent : That hee was 
a cunninge, feditiot's, and revengefull man, not feeking the peace of Chriflendome, 
as his duty required, but ftriving to revenge the injuries which his Cardinalls and 
Jone Queen of Cicely had done unto him ; which was the caufe of the 26''' fchifme: 
And haveing caufed five Cardinalls to bee drowned hee dyed, having held his 
See eleaven years fix months and five days, And that hee celebrated the third 
Jubile. 



3[t feems this lord Thomas relyed much on this grace from pope Vrban, for I vlt. voluntas in 
find not any one adl of devotion which hee performed to any monaftery Chantry c^tuS!*^^^ 
or order of religion, nor ought elfe which was done for his wives foule after her 
death, As by all their Anceflors had been accuftomed for their predeceffors, untlU I 
come to this lords will made the fecond of ffebruary in the year. 141 5 . in the third 
year of Henry the 5* which was one year fower months and eleaven days before 
hee dyed. And thereby hee gave to the mother church of Worcefter fourty {hill- 
ings. To the church of Berkeley fourty (hillings and one greene pair of veltments 
with all their furniture ; And to the Church of Wotton five pound, And to the 
Church of Slimbridge fourty fhillings, And to the Church of Cowley fourty fhillings. 
And to the Church where his body (hould bee buried his beft pair of veftments 
with all their furniture, and twenty pound in money, and one gilt croffe with all the 
relikes inclofed in the fame, with all his beft gilt cruetts. And alfo one white paire 
of veftments with all their furniture, And alfo the beft pair of his black Veftments, 
and his beft miffale with a good Chalice ; And to the Chappie within Berkeley 
Caftle one pair of fatten veftments, one miffale, two Chalices and one pair of cruets; 
And to the fifters of Mary Magdalens hofpitall by Briftoll, one pfalter with a gloffe, 
and the legends of Saints in Englifh, one paire of veftments one Chalice and five 
pound in money. And to the Church of Kingfwood his beft collar of the kings 
livery, his paire of gilt veftments wrought with white Angells ; And to the Church 
of Portbury one pair of veftm", | one pfalter, one porter, and fourty ftiillings. And 4^8 
to every of his houfliold chaplens ten markes to pray for his foule one year after 
his death ; 31lnll all his goods whatfoever not by his will difpofed hee appointed 
ftiould by his Executors bee diftributed for the health of his foule and of the foule 
of the lady Margaret his wife ; And to a knight to goe to the holy land when any 
goinge ftiould bee, one hundred pound, which fum was heretofore devifed by his 
Anceftors, faith the will. 



D 2 



20 



€i)e Jliyit^ of t|)e ^cthelepjf 



1368 



i^ijef rctDarbjef to ^crtaiitjer. 
magn : chart <Cl)ije( lord Thomas in the 7* of king Richard the fecond gave to Walter Dyar 

de Berkel : ^°'' ^'^ ''^'^^ ^" Anuity of fourty fhillings by the year out of Charelton in Wiltfhire 
in recompence of his fervice. 

carta in cafl.ro de '^n the I3'^ of the faid [King] liee gave to Thomas Rig, all his lands and 

Berkeley. Tenements in Chicklade for his life, in recompence of his fervice. 

carta in caftro ^[n the twentieth of the faid king hee granted to Wittm Cauleigh one of his 

^ Efquires, for his Jife, in recompence for his fervice, a meffuage mill and lands in 

Woodford, and a tneffuage in Church lane in Berkeley. 



carta in caflro de 
Berkeley : 



^n the 2I'^ of the faid kinge hee gave to John Banbury his manor of Upton 
S' Leonards by Glouc : for his life, in recompence of his fervice, whereof the old 
rent then was ten markes. 



carta in cafl^ro 
p^dia. 



CI^C fame year hee gave to John Harsfeild a meffuage and divers lands and 
Tenements in Bradley and Wike Dangerfeild for his life in recompence of his 
fervice. 



469 



5fn the 22'^of the faid king, hee gave to John Dyar for his own life] and of his 



carta in c^j,: wife and daughter, a meffuage in Berkeley and divers lands in Hame and Alkington. 

carto in cafl^ro de /Cfje fame year hee gave to John Copiner for his life in recompence of his 

"^ ^ ^' fervice, divers lands and Tenements in Durfley. 



carta in caflro de 
Berkeley. 



caru in caftro de ^^ the firft year of king Henry the fourth, this lord gave to John Winter and 

to Elizabeth his wife in recompence of his fervice, divers houfes in Berkeley, and 
divers lands in Hame and in Came, And in the tenth of the faid king did the like 
for Alice his fecond wife. 

Ct)C fame firft year of Henry the fourth hee gave to Thomas Browne and 
Ifable his wife, a meffuage and yard land in Clapton in Hame for their lives in 
recompence of his fervice : And in the tenth of the faid king did the like for Mawd 
his fecond wife. And the 1 3* yeare rewarded him as bountifully and made him 
keeper of Whitcliffe park. 

carta in caftro de '^t fame firft year of Henry the fourth, hee gave to Phillip Waterton and 

Berkeley. Cicely his wife for their lives in recompence of their fervices, all the lands and tene- 
ments 



141 7 3tife of €!)oniajef tfjc fourtf) 21 

ments within the lordfhip of Berkeley which late were of Robert Poyntz. 3llltli in 
the firft year of king Henry the fifth, gave to them and the heirs which hee fhould 
beget on her body, eight feverall Tenements and divers lands in Berkeley, Hame, 
Hinton and Alkington, Rendringe unto him and his heires the rents and fervices of 
old due and accuftomed ; which entayle yet continueth, And whereof I Ihall fpeak 
after in the iffue of Thomas Berkeley fon of the faid James the firft of that name. 

^It the fame firft of Henry the fourth, this lord gave to Robert Herblinge and carta in caftro de 
Alice his wife for their lives in recompence of his fervice, five houfes in Wotton, ^^ ^ ^^' 
and divers lands in his manor of Wotton Forren. 

3in the third of the fame king hee gave to John Chinham for his life and Jone ^^^rta in caftro de 
his wife, in recompence of his fervice, a meffuage and divers lands, in Chepinge 
lane in Wotton. 

carta in caflr. p^dift 
3[n the ii'!" of Henry the fourth hee gave to Wittm More and Edith his | wife, 470 

in recompence of his fervice, two houfes and fix fliops in Glouc : for their lives. 

submit the fame time hee gave his litle manor of Wike neere Rodlyes weare Comp: ballivi de 
by Arlingham, to Richard E6lon and Alice his wife for their lives without rent, who ^^f^^H^^^^' '^' 
longe enjoyed the fame. 

3Cnb about the fame time hee gave Bayes place in Horwood to Nicholas comp. p'dia. 
Alderly for his life. 

3In the firft year of Henry the fifth, this lord gave to Robert Shottefbroke magn : charta. 
one of his Efquires in recompence of his fervice, for his life fourteen pounds by the ° " ^^^' 
year out of his manor of Ordefton in Barkfhire. " 

3[n the fecond year of the fame kinge, hee gave to Nicholas Alderly for his carta in caflro de 
life in recompence of his fervice, all his lands in Horton & Yate called Bayes. Berkeley. 

3[n the fame year hee gave to Phillip Chamberlen for his life in recompence carta in caflro de 
of his fervice, a meffuage in Wotton, and divers lands in Wotton fforren. ^^ ^ ^^' 

3In the 5'^ year of the faid king (three months before his death) hee gave to carta in caftro de 
John Plomer and Jone his wife for their lives in recompence of her fervice, a ^^"■•^^'^y- 
houfe in Wotton, with liberty to buy and fell tollfree within the faid Burrow. 

55p 



< 



M 



€5c %\\it^ of t!)e 25ei:hricpjBf 



1368 



In cur : prerogat 
Cant 



his will hee gave to Robert KnoUis Citizen of London, his Inne called 
Berkeleys Inne at Baynards Caftle in London. 

Co every gentleman in his houfe by his faid will hee gave — loo'. 

Co every yeoman and groome, (valettus et garcio) in his houfe by his faid 
will, hee gave forty fhillings. 

Co every of his fower Executors (being fower of his fervants) hee gave 
twenty pounds. 

W>}^ more I have not obferved. | 

i^tjef misfcdlaiite^ oc barioujef ^a^^HQ^^ not a^tJp to \ytt rebuteb unbcc tfje 

former tttlejef. 

<©f the learned labours of John Trevifa vicar of Berkeley Chaplen to this lord, 
as alfo to his father and grandfather, I have formerly written ; who concludinge one 
other of his tranflations of Bartholomeus de proprietatibus rerum, which hee dedi- 
cated to this lord Thomas, in the end thereof hath thus : Endles grace, bliffe and 
^ Trevifa. man thankinge to our lord God alweldinge, thefe tranflations ended at Berkeley the fixth 
day of February the year of our lord 1 398 . the year of king Richard the fecond 
after the conquefl of England the 22'^ The year of my lords age ST Thomas lord 
of Berkeley that made mee to make this tranflation, the 47'!" 



471 



fo : [401] 

Bale in cent. 7. 

n° 18. 

HoUingflied 



Berk 



Reg : Wigom. 



pat. 11: R. 2. 
ps. I. m: 16. 



Ciltje^ Trevifa dyed the I3'^ year of king Henry the fourth, whom John Bone- 
John fucceeded in that vicarage, whom this lord made one of his Executors ; And 
proved a falfe preift to the heir male of his faid lord as after I fhall touch, 

3[n the Il'^ of Richard the fecond, this lord and his cozen S! John Berkeley of 
Beverflon with others, were indited before the Juftices of the forreft of Dean, for 
unlawfull killing of fome of the kings deere there, for which they now obtained 
their pardons, 

^mongieft the wills of the dead, I find that in the 8'!" year of king Richard the 
fecond, one Margery Legat of Wotton widowe gave to this lord for a legacy, a 
braffe morter and an Iron peftle ; And to the lady Margaret his wife a ringe of 
fine gold. And to Elizabeth their daughter an other gold ringe. And to the lady 
Katharine de Berkeley an other gold ringe, making this lord Supervifor of her faid 
will W^ 



I4I7 



Hife of Cfjomnji tJ)e f ourtf) 



23 



3@f)Cn in the tenth of Richard the fecond, the kings purveior came to purvey comp. de Wotton 
in the manor of Wotton, hee gave him fecretly — 3L 4! and his man . 4! to fpeak de Berkeley. 
a good word to his mafter, (faith the Accompt,) And for their freindfhip beflowed 
more on them in wine — 12? | 

5fn the Twentieth of Richard the fecond, Ivo fitz Waryn knight made this 472 
lord his Atturney to govern for him his manor of fframpton upon Seaverne. B^'kelev^^ ^° ^ 

^n the third of Henry the fourth the king awarded his fpetiall Comiffion to pat. 3 : H. 4. pars 
this lord Thomas to punifh divers mallefadlors in the County of Glouc. 



2. dorfo ; 



9fn the fourth of that king this lord bought of Henry Talbot 24 Scottifh comp- recept. in 
prifoners, taken by him upon the land by the feafide, in way of warre, as the kings 



enemies. 



^n the fixth of Henry the fourth this lord obtained of the kinge to have a cart:6. et. 7. H.4. 
market each Wednefday and three fairs each year in his wives manor of Penfans ™' ^' 
in Cornwall. 



3[n the eleaventh of Henry the fourth the king writes to this lord Thomas, claus: n. H. 4. 
That whereas hee had by his tres patents in the 8'^ of his raign granted for ten ™- 34- et in dorfo. 
years, liberty to the Marchants of Jenoa with their carracks to bring into England 
any their wares and there to fell them, And to carry out into fHanders and other 
parts cloth and wooll from England paying the cufloms due and doinge noe damage; 
That hee is given to underftand That divers of this lords men and fervants in a 
fhipp of his failing towards Burdeaux, have violently fet upon one of the carraks 
called the Sf Mary and SJ Bridget loaden with wines and other marchandize to the 
valewe of Ten thoufand pounds, as fhee was failing towards London. And have 
carryed that fhipp to Millford haven, and taken away their wines and other mar- 
chandize. And therefore requires this lord either prefently to caufe reflitution to bee 
made, or himfelf to come and anfwer the fame before his privy Counfell forthwith. 
iCI^ fequell whereof was. That the fervants of this lord, S' John Greyndore and 
others of Brifloll did the wronge, who made reflitution for part, but went away with 
a great part of the reft of the Jenoa goods. 



^n the 8'? of Henry the fourth, this lord was one of thofe lords, who by his 
feal of Armes in parliament that year confirmed the Crown to | that king and 473 
entayled the fucceffion upon his iffue, to the utter abolition of the houfe of Yorke. 



Rot. parliam. 8. 
H. 4. pat : 8. H. 4. 
p». I. m. 4. 



< 



24 . €Ijc %iMt0 of tl^ ^cthdtpft 1368 

2I^I)m for the good fervice of the hufband this lord rewarded both hufband and 
wife with an eftate for their lives in fuch lands as hee beftowed upon them, as 
almoft ftiH hee did ; hee ever reftrained by a provifoe in his deed, the fecond 
marriage of the wife, without his confent, if fhee furvived her hufband ; which out 
of a double refpeil was a prudent courfe in him. 

Pat : 49. E. 3. p«. /^[f^ tenth of Odlober in the 49'!" of Edward the third, a Comiffion was awarded 

to this lord to enquire of divers conventicles in the County of Glouc : tending to 
the difturbance of the government and peace of the Realme, requiring him as hee 
loved the king and his honf and would avoid his greevous indignation, that hee 
would carefully looke into and punifh the fame. 

Pat 51. E. 3. 3finb in the one and fiftieth of that king was a comiffion awarded to this lord 

and others to mufter and Arme all able men in the faid County to withftand the 
intended invafion of the ffrench. 

Pat: 5. R. 2. 5[n the fifth of Richard the fecond were three feverall Comiffions dire6led to 

IPiit- 6^ tC 2^' ^^'^ '°''*^ ^^^ others to repreffe thofe mifcheevous perfons, who in hoftile manner 
pars. 2. m : 13. had taken and put to death the Arch-bifhop of Canterbury, lord Chancellor, and 

others, without any fault by them committed ; In which fervice this lord was im- 

ployed into divers other Countyes. 

Rot fin : 6. R. 2. ^n the fixth year of the faid king, hee granted to this lord Thomas the cuftody 

of the manor of Lye neer Deerhurft which was the land of John fon of Witim de 
Rodborrowe and then in the kings hands. 

fin:8. R. 2. m. 16. Clje 16* of December and 19* of January in the 8* of Richard the fecond, 

the king comitted to this lord the government of the wholl County of Glouc. in a 
more ample and different manner then I have elfwhere obferved : 311t this time the 
wholl kingdome feemes in Armes to withftand the French and Scotts. 

claus : 12. R. 2. ,^'^ 13* of ffebruary in the 12'!' of Richard the fecond, this lord was commanded 

to proclaime the keeping of the kings peace at Wittenden and other places adjoyn- 
474 ing according to the Statute of JMorttiton, for | not doing whereof, proces went out 
againft him for that omiffion and contempt : But upon his oath taken in Chancery 
That hee received not the Comiffion nor heard thereof, the proces by the kings 
command doth ceafe : Howbeit this foe awaked him That within one month after 

hee 



I4I7 



Eife of €l)oina3S ttft fourth 



25 



hee fent divers both preifts and laymen to the comon Goale of Gloucefter; As their 
fupplicavits for their bayles, body for body, do declare. 

^n the le'!" o*" Richard the fecond, one Ruyale and Otho late Clark of the fin- 16. R. 2. m. 3. 
peace certified falfly into the Chancery a record concerning this lord Thomas and pars. i. m: 26. 
the king, fuppofed to bee before Judge Caffey and his fellow Juflices of the peace ; 
for which unjufl fa6l, (in times fo dangerous,) this lord complaines ^ And upon hear- 
ing thereof Ruyale is fined one hundred markes, and Otho five markes, which either 
of them doe pay ; And foe obtaine their pardons, the one this year the other in the 
eighteenth. 



Ct)i^ lord Thomas was one of thofe that were on Michaelmas day fent to 
Richard the fecond then in the Tower of London from the parliament then in being 
to mind him of his promife made to the Arch-bifhop of Canterbury and the Earl 
of Northumberland for renouncing the Crowne, which hee now did, and fubfcribed 
it, and gave therein his oath alfo. 



Rot. parliament. 
I. H. 4. n? 10. 



3lnb after at the fame parliament, this lord was the only procurator for the Rot- predidt. 
Barons to declare to king Richard his deprivation by parliament ; And how none 
of the great eftates of the Realme nor Comons would for time forwards beare him 
faith, or doe to him obeifance as to their kinge. ^ ^ 

511nll in the name of Richard the fecond, did renounce from him his kingdome Rot. predidt 
to that parliament ; whereupon king Henry the fourth did claime it by title from " '^'^' 
king Henry the third, And foe by that parliament was chofen kinge. 



3Ilnb was one of thofe fpetiall lords in that parliament who gave advice and Rot- praedidt 



confent That Richard the king fhould bee fafely kept, and in fecret place where noe 
concourfe fhould bee to him, nor any of his frends or acquaintance admitted to him, 
And to bee continually guarded by fure and fufficient perfons. 

3filttl in the firft of Henry the fourth the king directed his Comiffion | to this 
lord to mufter Arme and trayne all able men within the County of Glouc : The like 
the king did in the fourth year of his raigne. 



n?74. 



Pat. I. H. 4. pars-, 
5. dorfo. 

475 

Pat. 4. H. 4. ps. 2. 

dorfo. 



Qlntl in the third of that kings raigne this lord was one of thofe eleaven lords 
chofen out of the whoU ftate to fecure the payment of forty thoufand nobles, being franc: 3. H. 4. 

the 



E VOL. II 



•i 



26 €l)e HibcjBE of tfje ^exMep^ 1368 

the mariage portion of Blanch the kings daughter, maryed to Lewis Earle palatine 
and of the Rene, and Duke of Bavaria, fon of Rupert king of the Romaines, allways 
Auguftus. 

Rot pari: 5. H. 4. 3£t the parliament holden the fifth of Henry the fourth, It is recited That for 

the good government of the Realme and remedy of many complaints, greevances 

and mifcheifes, fhewed to the king in that parliament, The king at the reverence of 

God, and at the great inftance and fpetiall requefl to him oftentimes made in this 

parliament by the Comons of his Realme, Hath for the eafe and comfort of all his 

Realme ordained fix Bifhops, one Duke, two Earles, fower Barons, and eight others 

claus : 5. H. 4. to bee of his grand and continuall Counfell : The firft of all the fower Barons is this 

" ' ' ' lord : which being concluded upon in parliament by both houfes, was to him a 

I. m : 18. fingular honor, and an affured teflimony to his pofterity, That this their Anceftor 

was an able and wife man, being at this time about the age of fifty yeares. 3lnt> 

now alfo was this lord chofen Admirall by this parliament as before is written. 

pat : 7. H. 4. pars. ^VJ) in the 7'^ of Henry the fourth was this lord fpetially imployed in the 

I. m : I. ^Qunties of Glouc and Hereford to borrowe moneys for the king and to give fecuri- 
2.in: 13! ii<^ for repayment; %nt in the II'^ of Henry the 4'^ was imployed in the like 
borrowinge of money in the Counties of Warrwicke, Worcefter, Gloucefter, and 
Briftoll, to bee repaid out of y' fifteenth granted unto the kinge at the laft parlia- 
ment then before. 

Rot. parliament. ^ finJi this lord prefent in perfon at moft parliaments holden beetween his full 

age and death : And at the parliaments holden in the firft, fourth, fixth, feaventh, 
ninth, eleaventh, and thirteenth of Henry the fourth, was a tryer of the petitions ; 
9Iln& foe in the firft, fecond, third and fourth of Henry the fifth. 

St^aitifoib others were the imployments of this lord Thomas Afwell in Com- 
• iffions of feverall natures, as in the extraordinary affaires of State, Church and 

Comon wealth, befides his conftant travell in the ordinary Comiffions of the peace, 
476 from full age till death ; fome of | which extraordinaries in divers Counties and 
corporate Cities the records hereunder vouched will guide fuch of his pofterity unto 
as defire to bee fatisfied in the particularityes of that kind, none of which are formerly 
mentioned . viz! Rot parliament. 5. E. 3. / 2. R. 2. pars. i. in dorfo / 3. R. 2. pars. 
2. in dorfo. / claus: 8. R. 2. m. 14. /pat: 8. R. 2. pars. 2. in dorfo: et eode bis 
dorfo. / pat. 9. R. 2. pars. i. in dorfo ter. / et eode poftea. /pat. 21. R. 2. pars. 3. 

m. 23. 



1417 



Hifc of Ztitmm^ tljc f ourtf) 



27 



m. 23. dorfo. /pat. 22. R. 2. pars. 3. m. 9. in dorfo / pat. i. H. 4. pars. 7. dors/ 
Rot. parliament. 2. H. 4. / pat. 2. H. 4. pars 3. m. 7. dorfo / pat. 3. H. 4. pars. 2. in 
dorfo ter : / claus. 5. H. 4. pars. i. m. 4. dorfo : / Rot. parliament. 7. H. 4. pars. 2 : 
m : 1 5. et at/ pat. ;. H. 4. pars. 2. m. 33. / pat. 8. H. 4. pars. i. dorfo / pat. 13. H. 
4. pars. 2. in dorfo : / pat. i. H. 5. pars i. dorfo. /pat. 22. R. 2. pars. 3. m: 9. dorfo. 
Befides divers others which with a dry foot I paffed by. 

l^iiGf toife. 

XOf^O^t daughter the lady Margaret wife to this lord was, And when, where fo^ '■ [448, 451] 
and at what age maryed, what portion in money & land fhee brought to her hufband, 
when firft fhee came to Berkeley with other circumflances, is before in the firft title 
of this lords life declared. 

Cf)C courfe of her life went with her hufbands in often removes from one of 
their houfes to another, which then, (contrary to the proverbe that the rolling flone 
gathers noe moffe,) was held the greater honor. StjEf at Berkeley, Wotton, Portbury, 
London, Syde and at ffulham, and fome other houfes of her inheritance. 3ft feemes 
fhee was a very mild and devout lady but nothing aftive in her family. 



I 



3[n the prime of her age fhee brought her hufband a daughter called Elizabeth 
of whom much hereafter "is to bee fpoken ; And for any thinge I have obferved, 
never conceived more, before or after, yet lived fhee and her hufband in a mofl 
fweet and contented fociety; | j^etdlt much refe[m]blinge the lady Elizabeth Spenfer, 477 
maryed to Geo : lord Hunfdon, (of whom after,) who having brought her hufband 
not longe after mariage, Elizabeth, (mother of the now lord George Berkeley,) held 
( it fufificient honor and frutefullnes to have been the mother of a child foe peerleffe. 

Chtj$ lady Margaret died at Wotton under edge, the twentieth of March about Newhped. incaft 
. . . de Berkeley. 

the fifteenth year of Richard the fecond, then about thirty years of age ; having vr t n 

been maryed at feaven ; And lyeth buried in the parifh Church of Wotton under a Gerard Warren 

faire Tombe by the fide of her hufband, whither her bones were tranflated as after 

followeth : The greefe of whofe death foe faflened upon the afifeftions of her lord 

and hufband, That hee never after affe6led mariage, although hee was at her death 

but thirty eight years of age, and of an able conflitution, and then without iffue male 

to uphold his name and barony : whereat I have not only mufed, but at the caufe 

why, in fewe monthes after her death, hee betooke himfelfe to a forraigne pilgrimage 

As in the title of his forraigne imployments is already written. 



E 2 



Rot. franc: 16. R. 
2. m : 10. bis. 



38 



€l)e %i\itfS of rtje 25erfedepii 



1368 



Efcaet 5. H. 5. 

port. mort. Tho : 

dni Berkel : 



Magn : chart, fol : 

340. in caflro de 

Berkeley. 



478 



^Slijal^ttl) was this lords onely daughter and heir of the age of twenty fix and 
upwards, at the time of his death. 3!^ September in the I6'^ of Richard the fecond 
this lord entred into covenants w'.*" Thomas Beauchamp Earle of Warrwike concern- 
ing a mariage to bee had between Richard his fon and heir, and his faid daughter 
fhee then under the age of feaven yeares. That their mariage (hould bee affoone as 
conveniently it may ; That her Joynture fhould bee three hundred markes by the 
year, after the death of the faid Earle and of Margaret his wife ; That hee the faid 
lord Berkeley would grant the manors of Kiflingbury Draycote and certaine others 
to the faid Richard and Elizabeth for their lives, and fower | hundred markes more 
to them by the yeare of thofe lands which were the inheritance of Margaret late 
wife of him the faid lord Thomas ; To hold to them after his death ; And that hee 
would pay fower hundred pound in money for the mariage portion of his faid 
daughter ; for performance of which agreements, either of them became bound to 
other in two thoufand pounds. 



Efcaet. 17. H. 6. 

port mort. Rici 

Beauchamp. 

vlt. voluntas Rici 
Beauchamp. 1 8. H. 
6. in prerogrCant: 



liber Gloveri ats 
Somerfet Herald. 

vetus manufcript. 
et divers : at. 



dJC faid Elizabeth by her hufband, (who after his fathers death was Earle of 
Warwike, and Regent of France,) had iffue onely three daughters, Margaret, 
Ellenor, and Elizabeth ; And dyed the 28'!" day of December in the firfl of Henry 
the fixth, then about the age of one and thirty years, and lyeth buried at the faid 
monaftery of Kingfwood, whereof fliee was hereditary foundres, by her fathers pur- 
chafe of the patronage as afore is mentioned, with this Epitaph upon a goodly 
Tombe of marble nowe demolifhed fet up by her hufbands Executors according to 
the direflion of his will. Hie jacet dna Elizabetha nuper comitiffa et prima vxor 
Rici de bello campo nuper Comitis Warwici ac filia et haeres Thomae nuper dni de 
Berkeley et de Lifle. Quod quidem dominium de Lifle idem Thomas tenet per 
legem Angliae poft mortem Margarelae nuper vxoris fuae, matris predi<5lae Elizabethae: 
qui qudem Ricus et Elizabetha habuerunt exitum inter fe Margaretam Elianoram 
et Elizabetham, quae vero Elizabetha comitiffa obiit vicefimo odlavo die Decembris 
Anno domini. 1422. Cuius animae propicietur deus Amen. 



3llnb her hufband, afterwards marying, (and haveing other iffue wherewith I 
meddle not,) dyed the lafl of Aprill . 1439 . in the 1 7'!' of Henry the fixth ; Between 
whom and their faid three daughters and their iffues, and James the heire male of 
this lord Thomas were the greateft futes in lawe and of longeft continuance that 
were in thofe times or fmce. As after will bee declared. 



I4I7 



Eift of Cl^omasf tfie foutt^ 



29 



Cl^e faid Margaret was the fecond wife of John Talbot the firft Earle of Shroef- 
bury of that name, by whom fhee had iffue John Talbot created vifcount Lifle, And 
dyed the 14* of June in the 7* of Edward the fourth, And lyeth buried in Jhefus 
Chappie I in S! Paules Church in London, with this Epitaph ; Here before the 
image of Jhefu lyeth the wor"? and right noble lady Margaret Countes of Shrewf- 
bury, late wife of the true and vidlorious knight and redoubtable warriour John 
Talbot Earle of Shrewefbury, which worfliipfull man dyed in Gwyen for the right 
of this land : Shee was the firft daughter and one of the heires of the right famous 
renowned knight Richard Beauchamp late Earle of Warwike, (which dyed in Roan,) 
and of dame Elizabeth his wife, the which Elizabeth was daughter and heire to 
Thomas late lord Berkeley on his fide, and on her mothers fide lady Lifle and 
Tyes, which Countes paffed from this world the I4'^ of June. 1468. on whofe foule 
Jhefu have mercy. Amen. 



Survey of London 
479 



Efcaet. 21. H. 6. 
pofl mort : Tho : 
Chedder. 



Clje faid John Talbot vifcount Lifle by Jone his wife, one of the two daughters 
and coheires of Sr Thomas Chedder, had iffue Thomas Talbot vifcount Lifle, who 
maryed Margaret daughter of Wittm Harbert Earle of Penbroke, and was flayne 
by Wittm lord Berkeley the 20* of March in the Tenth year of Edward the fourth, 
without iflue ; Elizabeth, and Margaret ; which Margaret was maryed to S' George 
Veer knight and dyed without iflue in the 14* of Edward y° fourth. 



Efcaet : 7. E. 4. 
poft mort. Joftae 
vxoris Jotiis 
Talbot. 

pat. roll : 1 5. K 4. 
pars. I. m. 5. 



CJjC faid Elizabeth fifter and heire of Thomas Talbot vifcount Lifle, was 
maryed to Sf Edward Gray, who in the fifteenth of Edward the fourth was created 
lord Lifle, in right of his wife ; fliee dyed in the third of Henry the feaventh, And 
hee fower years after, leaving iffue by her John, Margaret, Anne, and Elizabeth. 



Rot cart. 15. E. 4. 

in vlt. dat. 14. 

marcij. 

Inq. fub figillo 

in Caftro de 

Berkeley. 



Cl^ faid S' John Gray fon of Sr Edward was vifcount Lifle ; And by Myriell 
his wife daughter of Thomas Howard Earle of Surrey, lord Treaforer of England, 
had iffue Elizabeth onely, born after his death the twentieth of March in the 
twentieth of Henry the feaventh ; And after being very younge was maryed to 
Henry Courtney Earle of Devon, And dyed without iffue about the ninth of Henry 
the 8'^ And the faid Myriell was after marry ed to S' Thomas Knevet. 



Efcaet. 20. 21. 
H. 7. pod mort. 
Joftis Gray vie : 
lifle in div's Com: 
pat: i8. H. 7. 
pars. 2. 

Carta in caft.ro 
de Berkeley. 



^Sf^aXQOXet the eldeft fifter was maryed to Edward Stafford Earle of Wiltfliire, 
And dyed without iffue. 3ilnnC the fecond fifter was maryed to John Willoughby ^ 
of Wollaton, And dyed without iffue ; | (tEU^abettl the third and youngeft fifter of 480 
John Gray vifcount Lifle, was firft maried to Edmond Dudley, who was beheadded 



m 



30 €!)£ Hibcjef of t^ 25crhdcpiBt 1368 

in the firft of Henry the eighth, And after to Arthur Plantagenet bafe fon to 
Edward the fourth ; fhee dyed the 33'^ of Henry the 8'!" leaving iffue John Dudley, 
who by feverall patents was created vifcount Lifle Earle of Warwike, and Duke 
of Northumberland. 

Cfje faid John Dudley, fon of the faid Elizabeth and Edmond, was duke of 
Northumberland ; And by Anne his wife daughter of S' Edward Guilford left 
iffue, (of whom only I need to write,) Ambrofe, Robert, Katharine and Mary ; 
And was beheadded in Anno , 1553 . in the firft year of Queen Mary for treafon : 
Of whom fee more in the life of Henry lord Berkeley the firft of that name. 

%Xtibtti0t Dudley was in the 4'!" year of the raigne of Queene Elizabeth 
created Earle of Warwike, and maryed for his third wife Anne daughter of 
Francis Ruffell Earle of Bedford, (of whom I need to write onely,) And dyed in 
the 32* of Elizabeth without iffue by any wife ;. As alfo did the faid Anne in the 
firft of king James. 

iHoiittt Dudley was created Earle of Leicefter in the 6^^ of Elizabeth, and 
marryed Lettice daughter of Sf Francis Knolles, And dyed in the thirtieth of Eliza- 
beth without lawfull iffue ; And Lettice is yet livinge. 1628. The Tombe of whofe 
only fon, interred at Warwicke, hath thus ; j^CtC refteth the body of the noble Impe 
Robert of Dudley, Baron of Denbigh, fon of Robert Earle of Leicefter, nephewe 
and. heire unto Ambrofe Earle of Warwicke, brethren, both fons of the mighty 
prince John late Duke of Northumberland, that was Cozen and heire to Sf John 
Gray vifcount Lifle, cozen and heire to Sf Thomas Talbot vifcount Lifle, nephewe 
and heire to the lady Margaret Countefs of Shrewfbury eldeft daughter and co- 
heire of the noble Earle of Warwicke S' Richard Beauchamp, here interred, a child 
of great parentage, but of greater hope and towardlinefs, taken from this tranfitory 
unto everlafting life in his tender age, at Wanfteed in Effex on funday the I9'^ of 
July . 1584 . the 26* year of the happy raigne of the moft vertuous and godly 
princeffe Elizabeth And in this place layd up amongft his noble Anceftors. | 

481 3Cn& about the tombe of Ambrofe Earle of Warwicke, elder brother of the 

faid Robert Earle of Leicefter, is thus. <(Etinionb Dudley Efqf, one of the privy 
counfell to king Henry the feaventh, maryed Elizabeth fifter and fole heire of John 
Gray vifcount Lifle, difcended as heir of the eldeft daughter and co-heire of Richard 
Beauchamp Earle of Warwike, and Elizabeth his wife, daughter and heir of the 

lord 



141 7 ^ife of €f)omaje( tf)c ^ourtl^ 31 

lord Berkeley and heir of the faid lord Lifle and Tyes, And had John Duke of 
Northumberland &c. 

l^atfjactnc was marled to Henry Haftings Earle of Huntington by whom fhee 
had no iffue. 

Sn^arp was maried to ST Henry Sidney prefident of Wales, And had Sf Phillip 
Sidney knight, and S". Robert and others. 

^ir Phillip Sidney had iffue Elizabeth, and dyed in the 28* yeare of Queene 
Elizabeth in the low Country warrs ; And the faid Elizabeth his daughter and heir 
was maryed to Roger Manors Earle of Rutland and dyed without iffue. 

^ir Robert Sidney, brother of S^ Phillip, was created lord Sidney, vifcount 
Lifle, and Earle of Leicefter ; And by Barbara his wife daughter and heire of John 
Gamage Efq' had Wiftm Sidney knight, who dyed unmaryed in . Anno. 161 2 . in 
the tenth of king James : Robert Sidney after his father Earle of Leicefter, and 
others. Anno . 1627 . of whom much is to bee written in the life of Henry lord Seefol:[77s] 
Berkeley the firft of that name. 

2. <6Uen0C the fecond daughter of Elizabeth Counteffe of Warrwike fole 
daughter of this lord Thomas, was firft maryed to Thomas lord Roos of Hamelake, 
And after to Edmond Beaufort Duke of Somerfet, by both whom fhee had iffue ; 
And dyed alfoe in the 7'^ of Edward the fourth. By her firft hufband ftie had 
iffue Thomas lord Roos, and Margaret marryed to Thomas A-Burrough of whom 
is iffue ; The faid Thomas lord Roos dyed in the life of his mother, leaving iffue 
Edmond and Ellenor ; Edmond was an Ideot, and dyed without iffue ; And Ellenor 
his fifter & heir was maryed to Sr Robert Manors, who had iffue between them 
Geo : Manors lord Roos, who had iffue Thomas Manors created Earle of Rutland 
in the 17'? of Henry the 8* to him and the heires males of his body. And dyed in 
the 35*^ of Henry the eighth, leaving iffue Henry Manors lord Roos Earle of Rut- 
land, who dyed in the fifth of Elizabeth, leaving iffue Edw** | lord Roos and Earle 482 
of Rutland, and John Manors : Edward dyed in the 29':'' of Elizabeth, haveing 
iffue onely Elizabeth maryed to Wittm Cicell nowe Earle of Exeter, fon of Thomas 
late Earle of Exeter : which Wittm and Elizabeth had iffue Wittm lord Roos who 
deceafed in Anno. 16 18. without iffue, who maried the daughter of Sf Thomas 
Lake, whereon arofe that famous Starchamber fute, heard by king James then 
fitting in Court John 



•; 



32 €f)c ErtJCjEf of ttft 5&crfedepiS 1368 

John Manors^ brother and hdre male of the faid Edward, was after his death 
Earle of Rutland, And by Elizabeth his wife daughter of ffrancis Charelton had 
iflue Roger Manors Earle of Rutland, who maryed Elizabeth daughter of S' Phillip 
Sidney aforefaid ; And John dyed in . Anno . 1587. But of the faid Roger Manors 
Earle of Rutland and of the faid Elizabeth his wife is noe iffue, as aforefaid. 

'C|>e forefaid Ellenor by Edmond Beaufort Duke of Somerfet her fecond 
hufband, (flaine at S! Albans. 1455,) had iffue Henry Beaufort Duke of Somerfet 
eldeft fon ; beheaded in Anno . 1463 . father to Charles lord Harbert, of whom are 
Inquis. in Cane, the Earles of Worcefter : And Edmond duke of Sonifet, fecond fon, who dyed 
ai H. 8. i°^oj^- without iffue ; Ellenor whofe fecond hufband was Sr Robert Spenfer knight, (of 
whofe iffue in this place 1 will only write,) and fower other daughters, called 
Margaret, Elizabeth, Jone, and Anne, of whom is much honourable iffue. 

C1)C faid Ellenor and S' Robert Spenfer had iffue, Margaret maryed to Thomas 
Carey Efq! And Katharine maryed to. Henry the fifth Earle of Northumberland, 
of whom is difcended the Earle that now is . 1624. 

iCfjt faid Thomas Carey and Margaret had iffue John Carey and Wittm ; which 
Wittm maryed Mary fecond daughter and co-heire of Thomas Bullein Earle of 
Wiltfhire and Ormond, and of Elizabeth his wife daughter of Thomas Howard 
Duke of Norfolk ; and had iffue Henry Carey and Katharine maryed to Sr Francis 
Knolles, of whom is iffue. 

CljC faid Henry Carey, (created lord Hunfdon,) by Anne his wife daughter of 
Sr Thomas Morgan knight, had iffue George Carey lord Hunfdon, Henry Carey, 
John, William, Edmond, Robert, Katharine marryed to Charles lord Howard, Earle 
of Nottingham and Admirall, Philadelph. and Margaret. 

483 '^itt faid George Carey lord Hunfdon by Elizabeth his wife fecond j daughter 

of S' John Spenfer knight, had iffue Elizabeth maried to Sf Thomas Berkeley 
knight, father of George now lord Berkeley, and of Theophila wife of Sr Robert 
Coke knight Anno . 1624. the noble dedicatees of thefe colle<5lions ; of whom more 
is hereafter written in the life of Henry lord Berkeley the firft of that name. 

3. -CljC forefaid Elizabeth third daughter of Elizabeth Counteffe of Warwicke, 
fole daughter of this Thomas lord Berkeley, was maryed to George Nevill lord 

'Latimer, 



I4I7 



flife of €|)omfl3ef tijc f ourtf) 



33 



Latimer, a younger fon of Ralph Nevill Earle of Weftmorland by his fecond wife ; 

which George dyed in the ninth of Edward the fourth ; And the faid Elizabeth 

his wife the Twentieth of Edward the fourth ; And had iffue Henry Nevill lord Latimer, id eft 

Latimer, who dyed alfo in the ninth of Edward the fourth. %nti was father of I"'^''?''^*^'^- 

Richard Nevill lord Latimer who dyed in the twentieth of Henry the 7'^ SUnll was 

father of John Nevill lord Latimer, and Wittm, (from which Wittm is iffue male at 

this day ;) C!)C faid John Nevill lord Latimer dyed in the 34'^ of Henry the 8'^ 

leaving iffue John Nevill lord Latimer, who dyed in the I9'^ of Elizabeth, leaving 

iffue fower daughters and co-heires . viz! Katharine maryed to Henry Earle of 

Northumberland, Dorothy maryed to Sr Thomas Cicell late Earle of Exeter, Lucy 

marryed to S' William Cornwallis, And Elizabeth maryed to S^ John Danvers 

knight. And after to S' Edmond Carey aforefaid. #f whofe multiplyed poflerityes 

flourifhing at this day, to write in particular would enoble fome pages in this place ; 

which I here omit, As onely pointing at the honorable poflerity of this lord Thomas, 

now livinge Anno . 1628 . which the labours of moft heralds do performe. 

j^ijf ^a\e0 of Slcmejef. 

1. CljC Seales of Armes which this lord ufed were different : At firfl when hee 
attained full age, hee fealed with the Cheveron and ten croffes, about two Inches 
diameter, without fupporters or crefl, circumfcribed figillum Thomse de Berkelee. | 

2. %n the middle part of his life, hee fealed with the Cheveron and ten croffes 484 
fupported by two mairmaides without creft, fircumfcribed figillum Thomae dni de 
Berkeley, in bredth as aforefaid. 

3. 3!n the later part of his life hee fealed with the Cheveron and ten croffes 
cornerwife, with the mairmaides for fupporters, and the helmet for creft, The 
circumfcription and bredth as laft aforefaid. See the reprefentations. 





m^ 



T VOL. II 



34 



€I)e %i\ie0 of t^t *&etMei?0 



1368 



Newl : ped. in 

caftrodc Berkeley. 

Efcaet. pod mort 

Tho: dni Berkeley 

S- H. s- 

et bis fub magno 

figillo in caflro de 

Berkeley 



i^tjtf Utatt) onb place of Iiucidl. 

Upon the I3'^ of July in the fifth year of that vi(5lorious king Henry the fifth 
Anno. 141 7 . the glaffe of this lord Thomas runneth out, at Wotton Vnder edge, 
hee then of the age of 64 . yeares fix monthes and eight days, whereof hee had 
fate lord . 49 . yeares one month and . 5 . dayes ; And lived a widdower the laft 
twenty fix years thereof or neer thereabouts ; And lyeth buryed in the parifh 
Church of Wotton vnder edge with the tranflated bones of the lady Margaret his 
wife refting by him, under a faire Tombe there. 

Nos quos certus amor primis conjunxit ab annis 

lunxit idem tumulus, junxit idemque polus. 

In youth our parents joyn'd our hands, our felves our harts, 

This Tombe our bodyes hath, th'heavens our better parts. 



Vlt. volunt. in 

Cur. prerog : Cant 

anno 5. H. 5. 



485 

Efcaet : 5. H. 5. 

pofl mort. Thomae 

dni : Berkeley. 

Inquis : fub magno 

figillo in cadro de 

Berkeley : 



Co his onely daughter the Countes of Warwicke by his will, this lord gave his 
beft pair of morninge mattens, and one boll and twenty pound in it. StnlJ to his 
nephewe and heire male James Berkeley hee gave his beft bed, and his great boll 
of Jett, And twenty compleat Armors and twenty lances, which will was proved the 
tenth day after his death. | 

i^ijef lantijef tolicrcof f)ce bp^ jEfdjrti. 

^CttOeent the faid Elizabeth this lords onely child, and James Berkeley his 
brothers fon, were all this lords lands divided ; Co Elizabeth difcended all the 
manners and lands which came by the lady Margaret her mother, before mentioned 
in the life of this lord ; And alfo all the manors and lands whereof this lord her 
father died feized in ffee fimple or in ffee tayle generall, whether of his own pur- 
chafe, or which came to him by difcent, in the Countyes of Qoucefter, Somerfet, 
Buckingham, Wilts, Nortftton, Devon, Cornwall, Oxon, and Berks ; and in the 
Cities of London and Briftoll, and fome other places, which were about thirty 
manors, befides Advowfons of Churches, Abbathies, Chantryes, hundreds, knights 
fees, and many lands, tenements, fifhings, and liberties, not being parcell of any 
manors; As by divers Inqulfitions found after his death in moft of the faid Counties 
appeareth ; fhee then of the age of twenty fix yeares and upwards. 



Efcaet : 5. H. 5. 

pod mort Tho : 

dni Berkeley : 



3llnt> to the faid James, (then of the age of twenty three years and upwards,) 
difcended the Caftle and Barony of Berkeley; And the manors of Berkeley, Hame, 
Appleridge, Alkington, Hinton, Slimbridge, Came, Cowley, Wotton-Burrow, Wotton 

fforren, 



141 7 Hife of €fjoma^ t^e fourtf) 35 

fforren, Simondfall, and Vpton S! Leonards, and the hundred of Berkeley in the 

county of Glouc : by force of the fine leavyed- in the faid 23'^ of Edward the third, 

to the heires males, and by the affurances as is before declared ; %nb the manor of 

Portbury and Portefhned, and the hundred of Portbury in the County of Somerfet, 

by force of the like fine leavyed to the heires males, by the faid lord Thomas in 

the 26'^ of the fame kinge : And alfo the manor of Hurft and two and twenty 

markes rent in fiframpton upon Seaverne, by force of a conveyance thereof made in dated 26. Septem' 

the fixteenth of Edward the third, As formerly in his life and of Maurice his fon ^^"'^ Beverilon. 

is declared. 

C!)e fame James had alfbe at this time of his unckles death, or fhortly there- 
upon, from his own father and mother and younger brother, the manors of Ragelon, 
Talgarth, Tore, Edifhall, Straddewy, and divers others in Wales, Daglingworth in 
the County of Gloucefler, And alfo by other mixt means ( the manors of Sages, 486 
litle Marfhfeild, and Arlingham, in the faid County of Gloucefter, as after followeth 
in his life. 

Jboe that an honorable and opulent revenue ftill remained to the male line for 
fupport of the honor thereof, notwithftanding the great and rich poffeffions caryed 
from it by the faid Elizabeth cozen germane of the faid James. 

€{)e application anD U0e of ^isi lift. 

I. CljijeS lord Thomas to the fmart of his double poflerity (nephewe and daughter, The ufe. 
line mafculine and femynine) greatly erred, either by too longe a deliberacon or by 
an inconftancy in his refolution, as a man feeming over-combated in himfelf, betweene 
name and nature, whether to leave his barony lands and name to his heire male his Rot. parliam. 23-. 
brothers fon, or to the frute of his own body, his onely daughter the Countes of 
Warwicke, then wife to the firfl Earle of the land : The ill effedl wherof, the lives 
of the two next lords at large bewailes : whereby it might have been reproached 
and fully faid to him, as the prophet Elijah faid to the children of Ifraell before 
Ahab their kinge, ^\Dt longe halt yeebetween two opinions. If the lord bee God i. Kings, chap. 18. 
follow him, But if Baall bee hee then followe him. iClje counfell of Ifaiah the 
prophet to king Ezekiah was good, becaufe fent from God, put thine houfe in order 2 : Kings, ch. za. 
for thou fhalt dye and not live, which this lord Thomas negleding, hee hath, thereby ^s'^^if^iah vers 1 
damnifyed his poflerity more then one hundred thoufand pounds. And ihfteed of a. 3. 
fetlinge a perpetuity of good to his poflerity, which a conflant Teflament would 
have done. By | omiffion thereof hee cafl both his heires male and female on their 487 
knees, as the fequell alonge the lives that follow will make too manifell. 

F 2 2. C|^ 



< 



3^ ^Tlic HitJfiBf of t!)c ^cvMep0 1368 

2. Cl^ faireft mold that this lords pofterity can caft this error in, is to fay, That 
this their Anceftor beinge a deep wife man, (as the double ufes hee made of both 
the oppofite houfes of Yorke and Lancafter in advancement of his own ends, if 
nothing els there were, declares,) Hee would on the one fide ferve himfelfe with the 
Court favour of his fon in lawe, one of the moft powerfull and beft favored fubjedls 
of his time, loaden with honors and offices of ftate. And on the other fide, fimul et 
" femel, in the fame feafons make harveft of the perfon of his faid nephewe and heire 

male, by a double fale of his mariage, firft to S' John S' John, and after to S' 
Humphry Stafford, not (licking in thofe agreements to declare his faid nephewe 
to bee heir to all his inheritance intailed. 3lnb yet turning to the other fhoulder 
declares to others about him his purpofe to bee. That his daughter fhould inherite 
the wholl lumpe of his lands, as in the next life is depofed : Not more certainly 
declareing by any overt ad:, who fhould bee his heire, or lord Berkeley after him, 
then Queene Elizabeth did her fucceffor, to keep thereby all competitors and parties 
in hope, fear, and love, and foe make ufe of all : But this altum fapere with this 
lord almoft marred all. 

3. SHrtb againe. That by not declareing his heire, both parties had care, if not 
to ferve yet not to difcontent him ; And againe prevented envy and pra6lice in the 
one of them towards the other, and preferved his own reputation and authority with 
both, And kept all dependance of fervants and others upon himfelfe. 

4. ^dgatnc let this lords pofterity take into confidercon how this their Anceftor 
counfelled and aided the fall and depofition, (I will not fay death,) of king Richard 
the fecond his Soveraigne lord, for the love hee bare to Henry the fourth, and the 
advancement of his own ends ; 5llnb how that difloyalty and doublenes feemes to bee 
puniftied by the fearcher of all fecrets, afwell in his bereaft of iffue male of his 
body, As in the blouddy and irkfome controverfies of more then fower generations, 
that fell into his family through his waveringe and ill fettlement of his eftate, and 
other judgments of God. | 

% jfl[I)ort Coroflarp. 

^i83 Co fumme up all that hitherto from Hardinge hath been faid : It is to bee 

acknowledged that this antient family of the lords of Berkeley was in the dayes of 
this lord Thomas, and in him, (who in ftatelynes and magnificence peramounted all 
his Anceftors,) in the higheft exaltation that it had before reached unto, and in- 
riched with the ampleft poffeffions for fupport of the honor thereof, with a likely 

outwardnefs 



141 7 %ik Of CI)omasf rtjc ipouctf) 37 

outwardnefs foe to have continued, which alfo this lords opinion of himfelf feems to 

bee futable unto : who after the manner of Princes in his tres and writings would 

joyne the pronoune plurall to his name in the fmgular number, And write, nos not, ego. 

Thomas Berkeley dns de Berkeley, Wee Thomas Berkeley lord of Berkeley ; %V^ 

dai. in manerio noftro de Portbury, Dated in our manor of Portbury ; And the ^ot, meo. 

like, which none of his Anceftors had foe prompoufly before ufed to doe. 

3IIntl it is an eminent enfigne of the greatnes and pious merits of this family, 
That one no more travelled than my felfe, fhould have feen above one hundred 
churches and oratories in the Counties of Gloucefter and Somerfet, and in the 
Cities of Gloucefter, Briftoll, and Bath, (befides as many more in other Counties 
and places, as mine acquaintances have faithfully related to mee,) having their 
coates of Armes and Efchucheons, yea fome their piftures, fet up in their windows 
and walls, in and before this lords dayes, and their croffes formees, in their true 
bearings, to bee as the fimbriae, edges or philafteries in the fkirts and borders of 
many of them, not yet in thefe devaftating times, demolifhed. 

31lnU my old age, (now in my great climaterique year of 63,) would think the 
knowledge rare for any Antiquary now living in this Kingdome, to fhew mee any 
other race of the Englifh Nobility foe to have continued unattainted for twenty 
fucceffive generations in a male line. And to have foe eminently excelled in Armes 
and Almes, as this Berkeleyan family hitherto had done : 25ut now cleaves this 
noble houfe in funder, rending her poffeffions into fundry parts, by the ( default of 489 
this overwife lord Thomas, And lyes preffed under blouddy brauls and lawe futes . 
of. 192 . years agitation, between the faid heire male, and heire generall, two cozen 
germans and their iffues, before they came to peace ; 3Cnll as old Sf Thomas Harris 
a ferjeant at lawe in the time of king James once merrily faid to a Sollicitor of the 
then lord Berkeleys, had with their longe walkings beaten fmooth the pavements 
betweene Temple barre, and Weftminfter hall, To leave a memoriall whereof, in- 
vited my effayes to thefe colle6lions. 

3llntl henceforth in the lives that follow, it is a kind of misfortune to my labors, 
That with the life of this lord Thomas ended all that regularity which for many 
ages had been obferved in th'eftate and houlhold affaires of thefe lords, in the 
Accompts of their Receivers, keepers of the wardrobe. Steward of houfhold, Clark 
of the kitchen, Reeves & Bayleys of manors and hundreds, and the like accomp- 
tants, which were by their Auditors with fingular care and exadlnes, yearly caft up, 

and 



$8 €f)c Uitc^ of tlje 2&crhdfpiflf 1368 

and preferved ingrofled in parchment, As the marginalls hitherto have witneffed, 
which henceforth are neglecfled : And, vbi nullus eft ordo, ibi eft confufio ; All for 
want of order, is found out of order, and come to waft ; ilnll it is. a true obfervation 
in all great families, That where noe government or order is obferved, there con- 
fumption followes, if not of all, yet of too great a part, of that great mans eftate. 



490 blank. 



3$ 



®l)c Ctfe of 3ame0 tlje Jftrst 491 



€||e Hifc of James lord Berkeley fon of James, called 
James the firft, filled in writings Jacobus de Berkeley 
chivaleir. And Jacobus de Berkeley diis de Berkeley, %v3j 
Jacobus Berkeley de Berkeley miles 9lln& Jacobus dns de 
Berkeley miles. 51lnD Jacobus de Berkeley diis de Berkeley 
miles. And Jacobus de Berkeley miles dns de Berkeley, 
5lln& nobilis vir dominus Jacobus Berkeley miles dominus 
de Berkeley. 

3finb was tritavus to George now lord Berkeley, the fixth 
lineall difcendent from this lord James. 
3llnti may bee called James the Juft. 

Contemporarap with Henry the fifth, Henry the fixth and 
Edward the fourth from. 14 17 .till . 1463. 
Wtfo^t troubled life I prefent to his poflerity under thefe 
thirteen titles . viz'. 



I. — ^10 birth and education . fol : [492] 

2. — I^ijeS futes in lawe . fol : [493, 512] 

3. — % difcourfe of the barony of Berkeley and of the precedency 
thereof . fol : [502] 

4. — f^i0 rewards to fervants . fol : [535] 

5. — ^i$ mifcellaniae or various paffages . fol : [536] 

6. — J^yf wives . fol : [538] 

7.— jj^Jitf iffue. fol : [541] 

8. — 25n:hdep of Worcefterfhire . fol : [546] 

9. — ^Ibcthdep of Herefordfhire . fol : [545] 
10. — I^i^ feales of Armes . fol : [553] 
1 1. — Jl^ijtf death and place of burial! . fol : [554] 
12. — I^i^ lands whereof hee dyed feized . fol : [555] 
13. — CijC application and ufe of his life . fol : [556] 



Anna 6. H. 6. 



< 



40 €1^ Sibc^ of tift 25crtelepitf 141 7 



4Q2 ^i^ bittt 01^ ctiucation. 

CiTtS lord James fon and heire of that Sr James Berkeley whom formerly I 
have diftinguifhed by the name of James the welfhman, was born at 
Ragelan in Monmouthfliire, where his father then dwelt upon his wifes 
inheritance, under whom hee was fomwhat too indulgently brought up till the 
death of his father, when fhortly after upon the remariage of his mother to Wittm 
Thomas a gentleman of that nation, his unckle the lord Thomas the fourth of that 
name, (whofe life is laft related,) then a widdower, and without iffue male, and not 
intending, (as the fequell declared,) to marry againe, fent for this James and his 
younger brother Maurice, about the 8*^ year of king Henry the fourth ; where with 
him at Berkeley Caftle, and at Wotton and other his removeing houfes, this James 
and his brother Maurice continued, being generally reputed as heires males and 
carta in callro de inheritable to the barony of Berkeley by virtue of their great grandfathers entaile ; 
And the 19* of Aprill in the eleaventh yeare of the faid king Henry the fourth It 
was by Articles mutually fealed between the faid lord Thomas, and S' John S! 
John knight, agreed. That the faid lords two nephews and heires male James and 
Maurice, (the one then fixteene years of age, and the other fourteen,) fliould marry 
the two daughters of the faid S! John S! John, wherein they are declared to bee the 
heires males of their faid unckle, and inheritable to all the lands intayled, if their 
faid unckle fhould dye without iffue male of his body ; And each of them gave to 
the other fecurity of. 600''/ penalty to performe the agreements ; II^I)tCt) agreement 
(if it tooke effect) was foone diffolved by the death of this James's wife ; for the 
carta in caftro de faid Thomas by like articles fower years and three monthes after, bearing date the 
2$^ of July in the fecond year of king Henry the 5'^ agreeth with Sf Humphry 
Stafford knight, for a mariage to bee had between his faid nephewe James, and the 
daughter of the faid S' Humphry ; whofe portion was agreed to bee fix hundred 
markes ; And herein alfo his faid uncle declares this James to bee his heir male to 
the inheritance intail'd. And this mariage alfo tooke effe^l, as under the title of the 
493 wives of I this lord James more largely doth appeare : But whether the faid lord 
Thomas really intended, as his agreements purported, that his faid nephews fhould 
foe inherite him, I determine not, becaufe proofe by oath was made after his death 
to the contrary. 



1463 3life of 'i^ameg tlje fk^t 41 

^10 0\ut(0 in \a\Dt. 

^()t^ lord James at the deceafe of his faid unckle the lord Thomas was neer 
about twenty three years old, and at the houfe of the faid S^ Humphry Stafford in 
Dorfetfhire, whofe daughter not longe before hee had maryed according to the fore- 
faid later articles, whofe chriflian name, (neither of the daughter of S' John S5 
John,) I could never find in any writing or record. ^J)e Earle of Warwicke and 
the lady Elizabeth his wife were either at Wotton or at Berkeley Caftle at the {? 
lords death, whereby they had the advantage to enter upon the faid manor houfe 
and Caftle, and to poffeffe themfelves of all the evidences of the faid lord Thomas, 
whereof forthwith they caufed abftrafts in many Ibnge rolls of paper of each manor 
to bee made of all fuch deeds as they tooke not away, moft of which rolls at this 
time are in the faid Caftle, regained by Wiftm lord Berkeley fon of this lord James 
in the tenth year of king Edward the fourth ; when having flaine the lord Thomas 
vifcount Lifle great grandchild of the faid Countes Elizabeth, hee forthwith en- 
forced and plundred the faid manor houfe of Wotton, whereof much is after written 
in the life of the faid lord Wittm. 5tnJ| to the faid Earle and his wife, as to the 
more noble and potent party, did all the Executors and greateft fervants of the 
family of the faid lord Thomas prefent their fervices and adhere. 

Stnll the provident Earle to make the poffeffion of the faid Caftle and of the 
entayled manors, (which hee then alfo got,) the more legall and faire unto him, 
or at leaft foe to feeme, Hee the 21'!" of July, (the 8"" day after the lord Thomas's 
death,) obtained of king Henry the fifth a grant of the cuftody of all the faid lords 
lands and Caftle, as longe as they fhould bee in the kings hands, under fuch a valew 
as fhould bee mentioned in the | offices to bee found, by the manucaption of Thomas 494 
Berkeley Clarke become the Earles Receivor ; which rent the. I2'^ of June in the P^'' " •5'^'''9- 
next year was remitted to the Earle ; And by force of the J(aid grant in the fame 
year and in the two next, the faid Earle received the rents, and kept Courts in all 
^the faid manors entayled to the heires males, as the rolls thereof in the names of Court rolls. 5. 6. 7: 
himfelf and of the lady Elizabeth his wife, without any relation to the kings grant. Berk : 
doe ftiewe : whereby it appeareth that the Earle and his wife pretended right to the 
Barony of Berkeley and to all the manors and lands thereto belonging ; which alfoe 
the anfwer of the lady Margaret their eldeft daughter and co-heire made in Chan- Refpon : in Cane: 
eery, (mentioned at large in the life of this lords fon,) fheweth to bee true. ■ ■*' * 

C{)i;tf lord James on the other part, the fifteenth of July, (which was the fecond 
day after his unckles death whereby their pofting on both fides appeareth,) fueth 

out 

G VOL. II 



< 



42 

Rot. fin : 5. H. 5. 
m: 28. 



billa in Cane : in 
turre London. 



€f)c aiibcsf of tijc 25crftdfp^ 



1417 



I. pars breviu 
regis. 5. H. 5. 



Efchaet. 5. H. 5. 

pod mort. The : 

de Berkeley. 



495 

Rot fin, 5. H. 5. 

m. I. et 12. 

Inter prefent. et 

dies dat. in Trin. 

rec: 4. H. 6. rot. 2. 

HUlar. 4. H. 6. 

rot. 2. 

HiUar. 5. H. 6. 

rot. 30. 

0rig:a.H.6.T0t.3O. 

Trip. 14. H. 6. rot. 

6. et litj: retior 

Hillar 5. H. 6. 

cum rein thefaur: 

comp. Efcaet. 5. 

H. 5. in bag. 

HilK-ir : 5. H. 6. 

rot 30. m. fca. 

Fines : 5. H. 5. in 

turre m: i..et. 14. 

Orig: in fc*cio. 5. 

H. 5. rot 30. 



out of Chancery a writ of diem ctit extremum direfted to the Efcheator of the 
County of Glouc, to enquire of what manors and lands and of what eftate his faid 
unckle dyed feized, and who was inheritable thereunto, (I fpeak not of other the 
like writs into fowerteen other Counties fued out by the faid Earle,) whereupon 
twelve of the mod worfliipfull gentlemen and of the beft liveliode within the County 
of Glouc, (they are the words of an old record,) were impanelled at Glouc the mun- 
day before Michaelmas day then next following. And fworne to prefent according 
to the tenure of the faid writ ; what time through the oppofition then arifing upon 
the evidence, the jury was adjourned to a further day : But the Earle having, (as it 
feemeth,) tafled the purpofe of the Jury to find againft him, procureth the 2 2'^ of 
Oftober following, a fecond writ out of the faid Court, in the nature of a fuper- 
fedeas, to countermaund the former ; This lord James laboreth to have the Jury- 
proceed, and an Inquifition to bee found. And obtaineth a third writ out of the faid 
Court commanding the Efcheator to appear in that Court in perfon ; when all the 
Judges of both benches are fent for by the lord Chancellor, by whofe advice an 
other writ dated the fifth of NovemT is awarded, whereby the former countermand- 
ment is recalled, and the Efcheator commanded to proceed upon his firft writ of 
diem ctit extrera ; And foe the Jury at length give up their verdit, And found this 
lord James heire male to his faid unckle Thomas, And that hee was to inherite the 
faid Caftle of Berkeley and the twelve manors of Berkeley, Hame, Appleridge, 
Alkington, Hinton, Hurfl, Wotton, Simondfall, Came, Cowley, Slimbridge, and 
Upton S' Leonards, with Advowfons of the Churches of Wotton and Slimbridge 
and the hundred of Berkeley, and twenty two marks | rent in Frampton upon 
Seaverne in the County of Glouc, by vertue of the faid fine leavyed by the lord 
Thomas the third in the 23"? year of king Edward the third, and by other affurances 
by him made, as formerly in his life hath been declared ; And that the fame were 
holden of the king i^,, capite by two knights fees and an half; But to all other 
manors and lands of the faid lord Thomas, (Portbury in Somerfetfhire excepted,) 
they find the faid Elizabeth wife to the faid Earle of Warwicke to bee heire :, 
Accordingly fhee and her hufband, the fifteenth of December following, fue their 
livery for the fame manors and lands. And for five markes paid to the king have 
their homage refpitfed ; And in the fifth of Henry the fixth the faid Earle paid his 
Releefe according, fetting over the Releefe of the intayled lands upon this lord 
James, in perticular names, accordingly to the faid Inqiificon ; And likewife the 
lord James the firft of the fame December for the faid Caftle and manors intailed 
doth his fealty; And for ten markes paid into the Hanaper hath his homage 
refpited. 

3Cn& 



1463 3tifc of SJamcjS tlje fit^t 43 

31!nb becaufe this family is now rent afunder, And this Inquifition after the 
death of the lafl; lord Thomas, the very wedge, (as it were,) that cleaveth it between 
the two brothers children, the heir male and the heir generall, I will here prefent 
this family with the words of an old writing of that time, which age and bad keep- 
ing have made almoft illegible, in thefe words, ^t'xtl after deces of Thomas late fc^° i^n callro Te"' 
lord Berkeley, unckle to James that now claymeth, upon a diem claufit extremu take Berkeley, 
before one Robert Glbt, Efchetor of the Shire of Glouc, which was a fufifitient 
learned man, & a fadde. And in his precept to the Shreve of the faid County which 
returned twelve the worthiefl Squires of the faid (hire at Glouc, And the having 
grete deliberacon of divers dayes by the fpace of nyne weeks. And both parties 
and their Counfells being prefent, That is to fay, Richard Earle of Warf and 
Elizabeth his wife daughter to the faid Thomas, and her counfell on the one party, 
and the faid James and his counfell on that other pty. And all matters fhewed to 
them at that time, as is now. They found the Taill of the faid James of the faid 
lordfhipp and manors, and would not in noe wife allowe the matteirs on the faid 
Erie is perte ; whereby it appereth evidently. That though that were an enqueft of 
office, yet fm it was don openly and by gode Courts of lawe. And the perties being 
in travers thereof having knowledge and being thereat, and hadden their refonable 
challenges to the polles by the which all fuch perfons were avoyded and put out by 
the difcretion of the faid Efcheter, And by the which it was founden, | that the faid 49^ 
James had right according to his evidence fhewed to them, notwithftanding the 
great might of the faid Earle And that hee and his wife that time were in poffeffion 
in the Caflle of Berkeley, And in all the whoU lordfhip, having in ward all the 
evidences thereof with them ; upon which office the faid James had livery of record. 

3(t'ni after the faid livery was awarded to the faid James upon the faid office, 

the faid Richard Earle and Elizabeth his wife kept the faid Caflle lordfhip and 

manors with ftrength divers yeans, unto the time of our Soveraigne lord king Harry 

-the fifth father to our foveraigne lord that nowe is, upon a remonflrance of the right 

of this lord James, being greatly difpleafed with the faid Earle, comaunded him to 

voyd the poffeffion thereof ; And then after decefe of our faid Soveraigne lord, the 

faid Richard Earle entred agen in the faid manors of Wotton and others. And laid 

about the faid Caflle of Berkeley grete multitude of people in maner of warre ; In 

which time were many perfons hurt and maymed, and fome flayne, for which caufe, 

by mediation and labor of the worfhipfull in God Phillip late Biffiop of Wirceflr, the 

faid parties were put in ordinance of the faid Bifliop and Sf John luyn Juflice, which 

to pefe the matter for a tyme, ordained to the faid Earle the manors of Wotton, 

Cowley, 
G a 



44 



€Ijc Uibc^ of rtjc 25crfedcpje{ 



1417 



Cowley, and Simondfall, for the terme of his life by expres words in writing, not 
fpecifying as by the courtefy of England as it appeareth ; And to the faid James all 
the remnant comprifed within his fine, to him and to his heires males of his body 
according to his title : Thus the two old writings of that time. 

d)i$( lord James laboureth alfo to fue his livery and to pay his Barons releefe, 
and to have thefe his lands, (according to the ceremony of the lawe,) out of the 
kings hands, which through the favor of the time, and the overgreatnefs of the 
Earle, (not fattisfied with the Inquificbn,) hee could not procure. 



497 

An untrue oath 
certainly. 



CJjC ninth of June following in the fixth year of king Henry the fifth, Lionell 
Sebroke late Steward of [the] houfhold to the faid lord Thomas, is by procurement 
of the faid Earle brought before the Mayor of Southton, and there depofeth That 
the faid lord his late mafter, in Chriftmas time in the fourth of that king, (the laft 
before his death,) | beinge in his withdrawing chamber in his manor of Wotton, 
fhewed to him, (amongft many other writings,) one old deed of entaill of the caflle 
and lordfhipp of Berkeley with all the members thereof, made in the time of Robert 
fit3 Harding, which hee then faw and read over ; upon his reading whereof his 
faid lord very haftely fnatched the fame from him, fayinge hee well remembred 
the contents of that writing. 



cartse in caftro. de 
Berkeley. 

comp. de Slimbr : 

4. H. 5. pro. rec : 

in caftro de 

Berkeley. 



3!!nlJ about the fame time John Bone-John vicar of Berkeley, (fucceffor to 
learned Trevifa,) and one of the faid Lord Thomas Executors, and till his death 
his Receiver, before the Mayor of Briftoll made oath That the faid lord Thomas 
about the time of his paffage towards the parts of Britayne, to condu6l from thence 
the Queene of England into England, or about the time that hee was created lord 
Admirall by king Henry the fourth, enfeoffed him and others of the Caflle lordfhip 
and hundred of Berkeley and of all his lands within the County of Glouc, and of the 
manor and hundred of Portbury and of the third part of the manor of Portiflined, 
and of the manors of Walton and Bedminflre, with the hundreds of Bedminftre and 
Hareclive, To hold to them in fee without any Condicbn, And that the Deed was 
executed by livery and feifin, & by Atturneament of the Tenants, And that Courts 
accordingly were holden in the feoffees names. 



cSres ; 



6. H. 
pars. 



CI^ClB^C and others the like made the Earle foe confident of his right to the 
wholl Baron/, That the fifteenth of June in the fixth of Henry the fifth, hee pro- 
cured of the king a confirmation of the firfl charters of King John of the manor and 
barony of Berkeley and of all Berkeley herneffe. fftom 



1463 



Hjfe of %amt0 tfje fft^t 



45 



ffrom the time that this lord James did his fealty in the Exchequer, and was 
thereby and by the refpiting of his homage accepted the kings tenant in cheife for 
his Barony, hee for two years togeather continued the poffeffion of his faid Caftle 
of Berkeley and of mofl of his faid entailed manors : After which time the faid 
Earle, incouraged afwell by the former Affidavits and other of like kind, as by the 
affiftance of all the greateft fervants to his late father in lawe, (as after I fhall 
touch,) came with great force and befeiged the faid Caflle, wherein the faid James 
then was : Howbeit upon the refort thither of Phillip Morgan then Bifhop of 
Worcefler, (in whofe | dioces it then was,) and of divers others of great worfhip, 
they ceafed that great ryot, and caufed the faid Earle to leave the Seige and to 
depart : Thus faith that record. 



vetus manufcr : in 
cafl.ro de Berkeley. 



498 

bill, in Cane. 6. 

E.4. 



%Vii yet in that mean time, the firft of Aprill in the feaventh of Henry the ^o'- ^anc 7. H. 
fifth, this Earle of Warwicke had a privy feal from the Cuflos of England, not to 
bee fued or impleaded by this lord James or any other. 



de Berkeley. 



'Ct)ijO( lord not finding in himfelfe fufficient ftrength to wraflle w* foe potent 
an adverfary. And confidering that all the old and principall fervants of his unckle 
had turned their intelligences againfl him, And that hee was deprived of his 
antient evidences, wifely winneth with his purfe the affiftance of Humphry Duke carta in caftro 
of Gloucefter the kings brother ; And privately at London the firft of November in 
the 8'^ of Henry the fifth, (about one year after the faid Seige,) becometh bound 
to Tyrrell and Sherington, (men whom the Duke much trufted,) in ten thoufand 
markes, to pay them one thoufand markes within one year and an half after hee 
fhould have fued livery of his Caftle and lordfhip of Berkeley and have the quiet 
poffeffion thereof, (from whence it feems the faid Earle had lately eje6led him,) 
And to grant to the faid Duke the revercon in ffee Simple of all his lands in Wales 
and elfe where to the valewe of four hundred markes by the year, which were the 
inheritance of his mother ; favinge only to himfelfe an eftate therein for his own 
life after the fame fhould bee recovered : But if by means of the faid Duke hee the 
faid James could not get livery of his faid Caftle and lordfhipp of Berkeley out of 
the kings hands. Then the faid bond of ten thoufand markes to bee void. 



55p this clofe compadl this lord James who before was as a weak hopp, havinge 

now got a ftrong pole faftly to wind about, grew up and bore the fruite of his own Rec. in fc»cio cum 

defires ; And within few months after in Michaelmas Terme in the ninth of the term Mich. rot. i* 

faid kincf, upon a petition to the kinef feconded by the Said Duke of Glouc, had lib;rehors.9.H. 5. 

^' t- f & J ,. cm rem thefaur. 

licence 



46 



€1)0 %i\iC0 of tl)c 25crhdcpjef 



1417 



499 

Baronia. 



Comp. Efcaet : 2. 

H. 6. in baga de 

pertic : in fc*cio 

cum rem : thes : 



licence to fue his livery of the faid Caftle and lordfhipp of Berkeley, And payeth, 
as the Releefe of a Baron and peere of the Realme, one hundred markes according 
to the Statute of magna charta for his inheritance foe intailed, and found by Inqui- 
ficon I fower years part as aforefaid; which faith this record are holden per fervicium 
vnius baroniae integrse, by the fervice of an intire barony, And for better proofe of 
the tenure foe to bee, voucheth that excellent record in the fame office in the fourth 
of Edward the third, formerly mentioned in the life of his great grandfather, Thomas 
lord Berkeley the third of that name. And herewith alfo agreeth the Efcheators 
Accompt of this County in the fecond year of Henry the fixth. 



pat:9 H. 5. ps. i. 



Rot parliam. 9. H. 
5. in dorfo. 

daus : 9. H. 5. 
dorfo. 



pat. roll. 9. H. 5. 
pars. 1. in dorfo. 

pat: 10. H. 5. dorfo. 



3llnb then alfo the fecond of September is this lord firft brought into the 
Comiffion of the peace in this County of Glouc, and firfl; of all other therein named. 
And the king the twentieth of the next month fent his writ to this lord to bee at 
the parliament the firft of December following, as hee then did to other peeres of 
the Realme : And being in the faid fomons of parliament named the laft of all other 
Barons, it may bee conje6lured That his writ was fealed and fent by it felf after hee 
had paid his Releefe in the Terme before, for in other fomons of parliament hee is 
named, with the firfl, or firft of all. %vii by his being in the faid Comiffion of the 
peace the faid fecond of September the fame ninth yeare named the firft Comiffioner 
of all the fowerteen therein, And this being feaven weeks before the fomons of 
parliament. And hee placed before the Judges, It may give affurance That hee 
was taken for a Baron from his unckles death, though not called to the parliament 
till after. 



Rot recogn. tenen. 

manerij de Cowley. 

9. H. s. 



claus : I. H. 6. m: 
19 in dorfo. 



500 



%nh now at whitfontide this yeare did the Tenants of the manor of Cowley, 
and fuch others as had ftood out or were drawn againft this lord, (now become their 
landlord,) Atturne and recognize their tenures and fervices, and pay to him their 
rents ; And this was the influence of the forefaid private Articles with the Duke of 
Gloucefter, at this time protestor of the Realme, That in this fort foe changed the 
feafon of the times and the benefit of the lawes in them ; And as a further addition 
of honor to that private bargaine, (as it may feeme,) this lord James was alfo about 
this time knighted, for the 17* of November in the firft year of Henry the fixth, I 
find the Bifliop of London, Chancellor of the dutchy of Normandy, to deliver up 
that feale to the young king at Windfor in the prefence of the faid duke of Glouc, 
Richard Earle of Warwicke, and this lord James, by the name of Jacobus de 
Berkeley chivaler, when, no doubt | they were met at Court about their arbitre- 
ment ; for the tenth of September before, the faid Earle of Warrwicke and this 

lorcf 



h6: 



Hifc of ^[attifjet rtje fim 



47 



lord James, (by the name of Jacobus dns Berkeley without miles or chivaler,) had claus: i. H. 6. m. 
mutually entred into feverall recognizances of ten thoufand markes the peece each 
to other to (land to the arbitrement of Phillip Bifhop of Worcefter, Judge luyn and 
others, concerning all articles wanting any declaration, contained in two Indentures 
late made betweene the faid Earle and lord Berkeley ; Prqyided allways that the 
Arbitrators meddle not with any fecurity of any manors in the faid Indentures 
contained, or of the manors of Wotton, Portbury, Cerney, and Cernecote ; And 
alfo doe ftand to their award for all futes and debates touching their fervants here- 
tofore moved or depending, (excepting thofe that arofe between their fervants at 
Hamerfmyth by London, and of the blows then given, which they have fubmitted 
to the Duke of Gloucefter ;) Soe that the award bee made before Chriflmas day 
next. 

fll^anp were the bickerings of the faide Earle and lord James and of their 
fervants wherefoever they met : And oftener were the inrodes incurfions and de- 
predations which each of them made upon each others tenants, as after will more 
perticularly appeare. 

%0 for the Indentures mentioned in the Condicon of the faid recognizances, I ^ 

could never have the hap to receive that light which their perufall would have 
given, to the ground of the troubles which fell out upon the faid Earles death. 

n^on the faid referance nothing feemes to have been done, for that the Twen- claus: i. H. 6. m. 
tieth of May following they entred into new recognizances of ten thoufand markes '' "^ "O"*- 
apeece either to other, to performe the award of the bifhops of London and Wor- 
cefter and of three others, or of any three of them, or of any other three fit perfons, 
by the faid Earle and lord Berkeley to bee named, Soe that the award bee made 
before midfomer day next. 



|^Ot{)ins being done upon that fecond reference, A third was to the fame claus : 2. H. 6. m: 

parties, for performance whereof the faid Earle and lord Berkeley became bound 

mutually each to other in the fum of ten thoufand | pounds apeece, Soe that the 501 

award were made before all S'f day then next, whereupon though noe award was 

made, yet upon another reference, an award was in part made the 24'^ of November ex vetufto codice 

in the third year of king Henry the fixth compofing part of the differences between oidifworth Ar: de 

the faid Earle of Warrwicke et reverendum dominum Jacobum dominum de Berke- medio templo. fo. 

265. 
ley, by the faid Phillip Bifhop of Worcefter and John luyn, through the great and 

unwearied 



de Berkeley. 



48 €f)c Uitic^ of tl^ 2S»frfteIcpi6f 1417 

unwearied labor of the lord Henry Bifhop of Winchefler, wherein alfo the faid 
Arbitrators promifed their further award before Michaelmas day next after, which 
was performed on the fixth of 06lober in the fourth year of king Henry the fixth, 
carta in eaftro by the faid Phillip Morgan bifhop of Worcefter and John luyn cheife Juftice of the 
kings bench, whereby the manors of Wotton, Simondfall, and Cowley, and divers 
lands, tenements, and rents in fframpton upon Seavern, Cromall, A6lon, Kingfcote, 
Michelhampton in the County of Glouc, and the hundreds of Hareclive and Port- 
bury and the manor of Portefhned, Limeridge wood, Wefton in Gordan, and 
certaine lands in Uphill and Crifton in the County of Somerfet, were awarded to 
the faid Earle for his life. And the manors of Came, Hinton, and Slimbridge, and 
all lands tenements and hereditaments in thofe manors in the County of Gloucefler, 
were (amongft others) awarded to the faid Lord James and the heires males of his 
body. 

3finl) thus was peace fetled for the Joynt lives of the faid Earle and this lord 
James, which held for thirteen yeares, till the Earle dyed, both of them then newly 
marryed to their fecond wives, as in fit places fhall bee delivered : what the Earle 
gained I know not, but this peace I am affured coft the lord James foe deere, 
having no perfonall eftate from any of his Anceftors, and none of the portion of his 
firft wife, that hee became much indebted ; a continuall borrower, and often of fmall 
fums, and fome of thofe upon pawnes, yea of Church veftments and Altar-goods ; 
And recovered not himfelf in eftate, (through the worfer troubles that fell upon him 
after the death of the faid Earle,) whilft hee lived, Soe that he lived and dyed in a 
farr meaner port and condition than any of his Anceftors from the dayes of Harding 
the Dane. | 

502 <^f ^ 55a«mp of ^etMep anti of t|jc pxcdicncp tljcrcof. 

l^atlingC now the advantage of a place moft proper for that purpofe, I will 
deliver mine opinion of the place and precedency of George now lord Berkeley 
amongft his fellow Barons, in the aflembly of parliament or other honorable meet- 
ings ; which is the difcharge of the promifes I made in the life of Robert the firft, 
when I treated of the firft grant of this Barony of Berkeley made to the faid Robert 
and his heirs, makeing the queftion to bee, (as made it is,) whether the lord George 
fhall take his precedency from the faid Robert the firft, made a Baron by king 
Henry the fecond in the firft of his raigne. Or from the death of the faid lord 
Thomas the fourth that dyed in the fifth year of King Henry the fifth. Anno. 141 7, 
leavinge iffue Elizabeth his onely daughter and heire, maryed to Richard Beauchamp 

Earle 



1463 HJfe of '^amt0 tfje fir^t 49 

Earle of Warwicke, as often formerly hath been declared ; Or from the call by writ 
of king Henry the eighth in the fourteenth year of his raigne, made to Maurice the 
fixth, As after followeth in his life. fol : [634] 

3111 the life of the faid lord Robert the firft, I have mentioned three forts of fol:[37] 
Baron, i" by tenure. 2? by writ, and 3!* by patent or creation ; And how the faid 
lord George is a Baron by tenure, And not called originally by writ nor by any 
patent creation, which is a truth paft all queflion upon the records hitherto men- 
tioned in the life of each lord untill the death of the faid lord Thomas the fourth. 
3tnD that this lord James tooke not his place of precedency from the time of his 
unckles death, neither was called anew by any writ, but that hee was, upon the 
inherency of the dignity to the honor and fplendor of the Caftle and manor of 
Berkeley, fetled at this his firft parliament in the ninth of king Henry the fifth, 
within a few weeks after his livery fued, (what time the faid Elizabeth was livinge,) 
upon the cufhion of his old Anceftors, is alfo as certaine. 

5[t will bee denyed at the firft chop, That at the parliament in the 9* | yeare 503 
of Henry the fifth when this lord James was firft called thereto, That the faid Eliza- 
beth was then livinge ; And urged will this family bee to prove it ; for foe (as I 
have heard) more then twenty years paft was this lord Abergavenny put to doe, 
when hee vouched this prefident ift proofe of his affertion, before Robert Deverox 
Earle of Effex then Earle MarfhalL 

fit^t therefore to prove her death is her Epitaph before mentioned, which ^°^'- [478] 

declareth That ftiee dyed the 28'!" of December in the firft year of Henry the fixth . 

Anno. 1422. as are the collections of Heralds in their traditionary bookes, and divers 

old manufcripts ; which is much confirmed by the will of her hufband, proved in the 

prerogative Court of Canterbury feaventeen years after. And there is one Court 

roll amongft the evidences of the lord George Berkeley, holden in the ninth year 

of Henry the fifth after the fomons of the faid parliament, ftiJed Curia Rici de bello Rot- Curiae in 

cd.fl.r dc Bcrkclcv- 
campo et Elizabethae vxoris ejus &c: And at a reference to Judges in ferjeants Inne 

hall, in the times of controverfy between Henry lord Berkeley and Robert Sidney 

now Earle of Leicefter, in 06lober Anno quinto Jacobi Regis, his Counfell, (himfelf 

then prefent,) (hewed forth an Accompt of a manor proving her livinge in the firft 

of Henry the fixth. And no doubt but with his lordfhip and Sr ffulke Grevill lord 

of Warwicke Caftle are many others of like kind. 

H VOL.11 



< 



50 €l)e Hitfitf of rtjc 5&crftrifpjtf 1417 

Trim : 4: H : 6. 3ilmon0je(t the prefentations in Trinity Terme in the 4^* of Henry the fixth in 

rem.°thefaur: mter '^e Exchequer, it doth appear that the Sheriffs of Gloucefter and other Counties 
prefenucoes et had jn Michmas Terme in the firft and fecond of Henry the fixth returned her 
dead : And thefe kind of Records and the writs of Hillary Terme in the firft of 
Henry the fixth, in divers Counties where fhee had lands of inheritance, (formerly 
mentioned,) do make the time of her death certalne after that parliament of the 
ninth of Henry the fifth was ended. 

fol: [37] S Wo^ ^'^° ^^'^ '" the life of the lord Robert the firft, That a Baron by tenure 

is hee that holdeth any honor Caftle or manor as the head of his barony in capite 
per baroniam which is grand Serjeanty : Now if the Caftle honor or manor foe 
holden in Baronage, (as moft affuredly this of Berkeley is,) bee alyened without the 
504 kings licence or confent it is forfeited to the kinge ; | And fuch dignity or eftate is 
Coke : a : part : no longer to continue and bee borne, but to bee refumed and extinguifhed in the 
Crown from whence it was derived. As in y* cafe of Wittm de Brufe in the time of 
Edward the firft, who aliened part of his barony of Brember without licence. 

3II11I1 it is a generall received orthodox opinion amongft all heralds and Anti- 
quaries, That till the time of king Richard the firft or of king John his brother and 
heire, each man to whom the Crown gave lands to hold by knights fervice in Capite, 
was thereby made a Baron and peere of the Realme, & had voice in parliament ; 
And that all thofe mentioned in the red booke in the Exchequer, (formerly vouched 
by mee,) whereof this Robert the fon of Harding was one, to have accordingly 
certifyed their tenures to king Henry the fecond, father of the faid king Richard 
and king John, about the 14 ^ of his raigne, where the Barons of that time : But 
after Barons had a more fpetiall creation by patent, and laftly by writ 

25llt to draw a little nearer to the point I aime at ; If the alyenation bee by 
licence, it is either made for continuance of his barony honor and lands, in his own 
name bloud and iffue male, (as this of Thomas the third in the fourteenth of Edward 
the third was,) or els the fame alienation is made for money or other recompence, 
or otherwife to a meer ftranger ; And hereof enfueth this fecond conclufion or 
affertion . viz! That if fuch alienacon bee made for the continuance of the barony in 
his name and bloud or iffue male, (as many befides the faid lord Thomas Berkeley 
have in all ages made the like,) Then have fuch iffues male togeather with the 
Barony bee it Caftle manor or honor foe holden, held alfoe and lawfully enjoye'd 
the name ftile, title, and dignity of a Baron with their Anceftors place of precedency; 

And 



1463 Stife of %amt0 tlje jpirieft 51 

And thereof the heires generall or next heires female have been utterly excluded 
and debarred. 31Inll for the proofe of this conclufion or affertion manifold prefidents 
may bee produced, whereof fome have happened almoft in every age for . 300 . 
years fpace, namely foe longe in efife^l as there have beene obfervacons thereof ; of 
which kinds take thefe ten here enfuing . viz' 

1. 5^t appeares by Inquifition after the death of Wittm de fferrarijs lord | of 505 
Groby in Leicefterfhire, That Margaret lady of Groby gave to William fferrars her 
fecond fon and to the heirs of his body the manor of Groby &c, by vertue whereof 

the faid WitJm fferrars and his heires were ever after Barons of Groby. 

2. Illobcrt Walleron Baron of Killpeck dyed in the firft of Edward the firft 
without heires of his body, And Robert Walleron fon of William brother of the 
faid Robert Was his next heire ; yet notwithftanding the faid Robert dying gave to 
Allen Plogenet fon of Alice his fifter the Caflle lordfhip and manor of Killpecke 
with appurtenants, To hold to the faid Allen and the heires of his body, as appeareth 
by the faid inquificon ; by vertue of which entaile, the faid Allen was Baron of 
Killpecke and fomoned amongft other barons to the parliaments. And dyed in the 
27* of Edward the firft. 

3. 3It appeareth by divers Inquifitions in the time of Edward the third. That 
John Handlowe in right of Mawd his wife, was feazed of the manor of Holgate, 
Afton Burnell, and others, for terme of her life. The remainder to Nicholas Hand- 
lowe ats Burnell fon of the faid Mawd and John, by a fyne in the kings Court 
leavyed. And that John Lovell was next heire of the faid Mawd, and her firft born 
fon by her firft hufband ; And afterwards the faid Nicholas was fomoned amongft 
other lords to parliament by reafon of the fyne aforefaid, And not the faid John 
Lovell who was next heire to Mawd. 

4. Cl^omajBf de Beauchamp th'elder Earle of Warwicke, by a fyne leavyed in 
the I8'^of Edward the third, entailed the Caftle and manor of Warwicke with other 
poffeffions to himfelf for terme of his life. The remainder thereof to Guy his eldeft 
fon and to the heires males of his body ; And for want of fuch heires males. The 
remainder to Thomas Beauchamp brother of the faid Guy and to the heires males 
of his body &c : Afterwards the faid Guy dyed without heires males of his body, 
leaving two daughters and heires livinge : Afterwards the faid Earle dyed. And the 
faid Thomas the fon entred into the Caftle and manor aforefaid with the other 

poffeffions, 

H 2 



< 



$2 €fft Ui\it0 of rt)c 2S»n:hdfpjflf 141 7 

poffeflions, And was Earle of Warwicke by reafon of the Entayle aforefaid, not- 

506 withftanding that Katharine daughter | of Guy and next heire to Thomas th'elder 
the Conuzor/ was Uving thirty yeares after his death : 5linl> this later Thomas was 
father of our Richard Beauchamp, and the man that articled the mariage with 
Thomas lord Berkeley the fourth, as before in his life is declared. 

5. ^tcl)arl) Earle of Arundle, by a fine leavyed in the firft of Edw^ the third, 
entailed the Caftle, Town and manor of Arundle with other lands, to himfelf and 
his heires males begotten on the body of Ellenor his wife ; by vertue of which en- 
taile John lord Maltravers was Earle of Arundle after the death of Thomas the 
Earle, who dyed without iffue in the third of Henry the fifth ; Although the fifters 
of the faid Earle Thomas poffeffed divers manors and honors, of the which the faid 
Thomas dyed feized in fifee fimple. 

6. 3Iol^n de Vere Earle of Oxford feized in his demefne as of fifee talle to 
him and his heires males of his body iffuinge, of the honor and County of Oxford, 
with divers other lands, dyed in the 18'.*" of Henry the 8'^ without heires males of 
his body, And his three fifters were his next heires generall ; But John de Vere his 
next heire male was Earle of Oxford by reafon of the faid entaile. And none of the 
three fifters obtained the dignity. 

7. ISmiani lord Paget of Beaudefert was feized in his demefne as of ffee of 
the Baronies of Langden and Hawood, and of and in the manors of Beaudefert 
Langden &c : And being foe feized, by fine in the fifth of Queen Mary, entailed 
the baronies and manors aforefaid to him and the heires males of his body iffuing. 
And afterwards in the fifth year of Queen Elizabeth dyed, leaving Henry his fon 
next heire male ; which Henry entred into the faid baronies and lands, and dyed 
thereof feized in the 1 1*!" of Elizabeth, leaving Elizabeth his only daughter and 
heire ; After whofe death Thomas Paget brother and heire male of the faid Henry 
entred into the Baronies and manors aforefaid, and was fomoned to the parliament 
by vertue of the faid fine. 

8. iHobCtt lord Ogle entred into the Barony of Bothall and Ogle w'^ divers 

507 other manors and lands in the County of Northumberland, by | conveyance, which 
was to himfelf for terme of his life, the remainder to the heires males of his body 
begotten ; And hee tooke to his firft wife Dorothy Withrington, by whom hee had 
iffue Robert Ogle his eldeft fon, and Margaret his daughter maryed to Gregory 

Ogle 
1 Conuzor — from Fr. Connoi/anf, knowing or underflanding : as, " if the fon be conufant and agree 
to the feoffment, &c."— C<». ZiU., 159.— [Ed.] 



1463 3tife of Sianif^ t|)c fk^t 53 

Ogle of Chippington ; And the faid Robert the father, after the death of the faid 

Dorothy his wife, tooke to his fecond wife Jone Ratcliffe, by whom hee had iffue 

Cutbert his fecond fon, and after dyed : After whofe death Robert the fon was lord 

Ogle, from whom the fame difcended to Cutbert, being brother of the half bloud, 

by vertue of the faid entaile, and not to the faid Margery nor unto her heires being ' 

of the wholl bloud unto the faid Robert the fon. 

9. C{)Onia^ de la Ware dyed feized in his demefne as of fifee taile to himfelf 
and to the heires of his body iffuing, by reafon of a fine leavyed in the time of his 
Anceftors, of the Barony de la Ware, with divers other lands in divers Counties, and 
dyed in the fifth of Henry the fixth without heires of his body ; And Reginald 
Weft knight of the half bloud, was nephew and heire by reafon of the Entaile 
aforefaid, and was fomoned to the parliament by the name of Reginald lord de la 
Ware knight. Although John Grififith was heire generall of the aforefaid Thomas 
de la Ware being of the wholl bloud, as appeareth by the genealogy enfuing . viz! 
John de la Ware fon of Roger had iffue John de la Ware, and Katharine maryed 
to Nicholas Latimer ; The faid John fon of John had Roger de la Ware, who by 
Elizabeth his wife daughter of Adam lord Wells had iffue John de la Ware, who 
dyed without iffue, and Thomas de la Ware who alfo dyed without iffue ; The faid 
Roger de la Ware, by Elizabeth his fecond wife daughter of the lord Mowbray, had 
iffue Jone maryed to S' Thomas Weft knight, who had iffue S' Reginald Weft, lord 
de la Ware by the faid Entaile : The faid Katharine, wife of Nicholas Latimer, had 
iffue Katharine maryed to [Thomas*] Griffith who had iffue John Griffith heire 
generall to the lord de la Ware. 

10. 3llnb quid obftat, what lets. That I may not paralell the forefaid Thomas 
lord Berkeley and this lord James his nephewe with thefe former prefidents. And 
made their cafe thus. 

Cf)0tTiaj8f lord Berkeley, grandfather of the faid Thomas, "was feized in bis de- 1 
mefne as of ffee of the Caftle manor and barony of Berkeley &c : And by him a 508 
fyne was leavyed in the kings Court by licence in the 2 3'^ of Edward the third of 
the faid Caftle manor &c : To him for terme of his life. The Remainder to Maurice 
his fon and to the heires males of his body coming, with other Remainders over ; 
The which Maurice had iffue Thomas lord Berkeley and James Berkeley, knight ; 
which James dyed in the life of his brother leaving this James his fon and heire 
livinge. Afterwards the faid Thomas lord Berkeley dyed in the fifth of Henry the 

fifth. 
Banks' Baronage. Vol. II. p. i6i.— [Ed.] 



•• 



54 ^ ttibe^ of tf^e 25frhdfpjB{ 141 7 

fifth, leaving Elizabeth his onely daughter and heir maryed to Richard Beauchamp 
Earle of Warwicke : After whofe death James his nephewe on his brothers fide 
entred into the faid Caftle, manor, lands and remainder aforefaid, by vertue of the 
faid entaile, And was fomoned to the parliament as Baron of Berkeley in the ninth 
yeare of Henry the fifth affoone as his livery was fued, Although Elizabeth was 
then living, and dyed not till the firft of Henry the fixth as before is declared. 

send if all thefe noble families mentioned in thefe forefaid nine prefidents have 

had their places of precedence according to the places of their Anceftors, (whereto 

more may bee added,) why not then this lord James, And confequently the lord 

George Berkeley that now is, as his heire male, Anno. 1620. And that this lord 

James fo tooke his place in that parliament in the nynth of Henry the fifth, and in 

Rot : claus: in the fomons of parliaments in the. 4'^ 7'^ 10'.'' 1 1•^ 12* 13* r5'^ I8•^ 20'!' 23'.'' 25'^ 27* 

turre in dorfo 284" 29'^ and .38'^ yeares of Henry the fixth. And in the firft and fecond of Edward 

eOdem ^jjg fourth, appeareth by the Rolls of fomons thereoC in all which hee was placed the 

firft Baron of all. And if noe juft order were therein obferved, yet it feemes ftrange 

that it ftiould ftill fo fall out by chance : But if order of place were obferved, then 

certainly it was for his true place of precedence, and not for the honor of his age, 

(then under forty,) nor for any office of ftate, for hee had none. 3lntl as the fathers 

place ftood in thefe rolls of fomons to parliament, foe was his fon the lord Wittm 

claus : 9. E. 4. ranked after him all the refidue of Edward the fourth his time, till hee was created 
dorfo. 

vifcount Berkeley : Neither is any thing (for ought I know) to the contrary, fave 

whilft Thomas de la Ware Clark was lord de la Ware in the times of [Rich. II., 

Hen. IV., Hen. V.,] and of Henry the fixth, who for the honor of his preifthood 

was ranked before others. | 

509 3IInb if queftion fhould arife hereafter between the faid lord George Berkeley 

and the lord de la Ware, (both at this time in their minorities,) for precedency of 
place, As I have heard it is likely to doe, in that the lord Berkeley thinketh his 
Anceftor was unevenly in the time of Queene Elizabeth placed next above his 
grandfather : mee thinks the place and honor of precedence fhould belonge of 
right to the faid lord Berkeley, whether wee confider their places from their firft 
Anceftors, or whether but from the difcents of their Anceftors feverall Entailes ; 
Sith this of the lord Berkeley was caft upon his Anceftor this lord James in the 
fifth of Henry the fifth ; And that of his upon S' Reignold Weft but in the fifth of 
Henry the fixth, ten years after ; and hee alfo but of the halfe bloud, as is before 
declared ; And the fine of the Lord Berkeley in the xxiii* of Edward the third to 

the 



1463 Uife of %amt0 tlje f icieft $$ 

the heires males was, (as I take it,) before the entayle that advanced the faid Sir 
Reignold Weft to the Barony of de la Ware. 

3l!ntl fomewhat the better to informe the younger yeares of the lord George 
Berkeley, I will comend to his confideration the cafe of the late lord de la Ware, 
and the refolution it received, not unfit for this place and queftion, mentioned by S5 
Edward Coke in the 1 1'^ part of his reports, which was thus. 

Thomas lord de la Ware, in the third of Edward the fixth, being in fome dif- C°'^^- ^1- P^^. 
pleafure with Wittm Weft his nephewe and heire, who was father to Thomas late wares cafe, 
lord de la Ware, procured an a6l of parliament by the which the faid Wittm Weft 
was during his naturall life cleerly difabled to claime demand or have any manner of 
right, title, or intereft, by difcent, remainder or otherwife, in or to the manors lands 
Tenements or hereditaments, title or dignity of Thomas lord de la Ware his uncle. 
Afterwards the faid Thomas de la Ware dyed, and the faid Wiitm Weft was in the 
time of Queene Mary attaynted of treafon by verdit. And afterwards pardoned by 
Queene Mary, And afterwards by parliament in the time of Queene Elizabeth 
reftored ; And after in the eighth yeare of her raigne was created lord de la Ware 
by patent, and had place in parliament according to his creation by patent, for that 
by the faid act of parliament in the third of Edward the | fixth hee was excluded to 5^0 
challenge the former antient Barony, And after hee dyed : whether the now lord de 
la Ware fhould take his place according to the antient barony by writ, or according 
to his fathers creation by patent, was the queftion : The opinion of her Ma".*^ Attur- 
ney generall and SoUicitor was, That the acceptance of the new creation by the faid 
Wittm Weft, could not extinguifh the antient dignity in him at the time of his 
creation ; but the dignity was at that time by the a6l of parliament in the third of 
Edward the fixth in abeyance, fufpenfe, or confideracbn of law, and hee thereby 
utterly difabled to have the fame duringe his life only. Soe as other acceptance 
could not extinguifh that dignity which hee then had, nor could not exclude his 
heire, who was difabled by the faid Adl: of the third of Edward the fixth to claime 
the antient Barony : w".'' opinion of theirs was feen and allowed by the refolution of 
the cheife Juftice of England and lord cheife Baron, and foe fignifyed to the lord 
Keeper. 

But note by the reafons made for the faid refolution ; That if the faid Wittm 
Weft had been Baron and intituled or in poffeffion of the antient dignity when hee 
accepted the faid creation, the lawe perchance might have been otherwife, but that 

remaineth 



s 



ffii Cfjc libfitf of rtjc 25erferifpi6f 14 17 

Coke, reports ps, remaineth as yet unrefolved : Neverthelefs the rule is Eodem modo quo quid 
conftituitur, diffolvitur ; But by a grant which is but a matter of fad, a man cannot 
transfer his title of honor. Whereupon at the faid parliament in the 39* of Eliza- 
beth the lord de la Ware in his parliament robes, was by the lord Zouch, fupplying 

Coke. ps. ii.fo.i. the place of the lord Willoughby within age at that time, And Henry lord Berkeley 
pnvil : of parliamj ,-..,.,, ,. iir ii,.,., 

fol : 30. alfo m his robes, brought mto the houfe, and placed m his place next after the lord 

Berkeley, (faid the booke,) but therein is the queftion. Thus S'. Edward Coke. 

5Cnb further That in all the aforementioned fommons to parliaments, the lord 
de la Ware is almoft the lafl in place in thofe Rolls : And alfo I have obferved, 
That from the firft fomons of parliaments that is of record in rotul : claufaa in the 
Tower, viz' from the 49* of Henry the third to the forefaid fifth of Henry the fifth, 
the writs dire6led to the lord Berkeleys are almoft allways entred in thofe Rolls 
511 before | the writs to the lord de la Ware, whereof I have obferved the moft parlia- 
mentary yeares. 

fol: [654] 5Jij,|j for calling Maurice the fixth to the dignity of lord Berkeley, conferred 

upon him by Henry the eighth before mentioned, the fame was but perfonall ; at 
what time the barony of Berkeley, by reafon of the entaile of Witfm lord Berkeley 
in the third of Henry the feaventh made to that kinge, and the heires males of 
his body, as followeth in the next life, was in abeyance fufpence or confideration of 
the lawe, as before is refolved in the cafe of the lord de la Ware ; Neither was the 
faid Maurice, nor Maurice his father brother and heire of the faid William, either 
Barons in effe or in poffeffion of the antient dignity, when that honor was by king 
Henry the 8'f' conferred upon him : Neither could the acceptance or continuance of 
the dignity by Thomas his brother, or by Thomas fon of the faid Thomas, bee any 
barre or hindrance to his fon Henry, when through want of iffue male of the body 
fee after fol: [7 2 7] of king Henry the feaventh, the faid Henry entred upon his Anceftors dignity 
Barony honor and manor of Berkeley in the firft year of Queene Mary, both as 
right heire to the faid lord Wittm the Conuzor, (the laft remainder man in the faid 
fyne,) And alfo by difcent of the antient dignity from the firft lord, which could not 
bee extinguiftied ; And whereto the faid lord Henry feemes the rather remitted by 
his minority, being at the death of King Edward the fixth but nineteen years old, 
as after followeth in his life : And foe I conclude That the now lord George, not- 
withftanding all objeftions to the contrary, ought to have his honor and precedency 
from the firft year of Henry the fecond. And before the lord de la Ware : ^Vb 
now I returne to the former troublefome title of this lords fuites in lawe. 

<0f 



1463 



Xifc of Slame^ef tf^e fit^t 



57 



magno 



fin: 19. H. 6.m. II. 



die faid Richard Earle of Warwicke dyeth the thirtieth of Aprill in the 17* of Efcaet: 18. H. 6. 

.in turre. 
king Henry the fixth, Anno. 1439. And the 6'^ day of September following, an ^^^, ^^:^ 

Inquifition after his death is taken at Gloucefter, finding that hee dyed feized as figillo. 

Tenant by the curtefy of England after the death of Elizabeth his wife, (amongft ^^' i7-H. 6. 111:4. 

other lands,) of the manors of Hinton, Came, Cowley, Wotton, and Symondfall, 

with the Advowfon of the Church of Wotton, And that the revercbn thereof in ffee 

taile belonged to Margaret, Ellenor and Elizabeth his daughters, as heires to the 

faid Elizabeth his late wife, by force of an entaile made in the time of kinge Henry 

the third, by Maurice then lord Berkeley, to himfelf and Ifable his wife and to the 

heires of theire two bodies, the remainder to the right heires of the faid Maurice ; 

And accordingly the faid Inquifition deduceth down the difcent of that entaile to 

the faid Countes Elizabeth and her three daughters, Avoiding the fine to the heires 

males in the 23'^ of Edward the third, (often before mentioned,) by a remitter in 

Maurice fon of the lord Thomas the Conuzor. 



3ln6 further finding. That as Tenant by the curtefy of England the faid Earle 
Richard likewife dyed feized of the manor of Slimbridge with the Advowfon there- 
of, the revercbn in fifee taile after his deceafe to his faid three daughters belonginge, 
by force of a guift in franke mariage made by Roger Berkeley lord of Durfley, longe 
after the coronation of king Richard the firfl:, to Maurice Berkeley and Alice his 
wife daughter of the faid Roger ; And in like manner deduceth down the difcent in 
taile to the faid three coheires. And avoyd thereby the fine to the heirs males by a 
Remitter in Maurice aforefaid. 



3il0t)inje?t this Inquifition or office and thefe old rufty Entailes therein found, 
(which begat more trobles and expence then is credible,) it may feem this lord claus. roll. 17. H. 
James had roughly refifled ; for the fecond of July before, the greatnefs of his 6. m:s. 
adverfaries had caufed him to bee committed to the Tower, from whence the 14* dorfo. 
of that month hee was bro' | before the king into the Chancery, and there entred 5^3 
into a recognizance of one thoufand pounds to appear againe there perfonaHy, tres 
Miches after, and foe from day to day till hee fhould bee difmiffed, and further 
to abide the order of that Court : Whereupon I gather hee was then releafed out of 
the Tower, for the 28'!" of September following hee was fomoned to the parliament 
which began the 12'!' of November, where hee was one of the tryers of petitions : 
311 lihc courfe whereunto they tooke by turning him out of the Comiffion of the 
peace, and fubfedy, and all other Comiffions that refented any ccrmmand luffre or 

authority 

I VOL. II 



Rot. parliam. 18.. 

H. 6. 

claus : 18. H. 6. 

dorfo. 

franc : 30. H. 6.. 

m: 6. 12. et ult. 



< 



58 



Vafcon : 31. H. 6. 
m. a. 5. 7. 



€^ %tiit0 of t^t 5!3nr&£lepi^ 



1417 



authority in his Country, when in the 29'^ and 30* yeares of this king they oppreffed 
him and his fens, as after followeth ; At what time his adverfaries had the greateft 
authorities and offices of honor and power the Crowne could give, And indeed were 
themfelves the upholders of the kings regality and Crowne. 



Efcaet 19. H. 6. 

poft mort Rici 

Beauchamp. 



Efcaet. 17. H. 6. 

in turre. 

Orignn fc»cio/i7. 

H. 6. Rot. 23. 

Portbury 

fines. 17. H. 6. 

m. 3. 



CtDO years after, viz* the fecond of November in the 19* of kinge Henry the 
fixth, was alfo another Inquifition after the faid Earles death, by vertue of a quae 
plura, found at Cirencefter, which intituled the faid three coheires partly as heires 
in fee Simple, and partly as heires in generall taile, to a great quantity of land 
within every of the aforefaid manors, and of the other manors of this lord James, 
more then was comprehended in the former Inqufition of the 17* of king Henry 
the fixth ; which apparently declareth how all the deeds and evidence of the lord 
Berkeley had been under the canvafmg and moft narrow view of the faid Earle and 
liis Counfell, which Inqiifitions not only remaine in the Tower of London, but their 
tranfcripts alfo in the Exchequer, and in the bags of the Efcheators Accompts there 
to this day : whereto I may add the two offices found in one yeare in the fame 
County of the like quality in the 7* of king Edward the fourth, the one after the 
death of the faid lady Margaret, the other after the death of her fifter the lady 
Ellenor, 

91 life Office was alfo, the forefaid 17* of king Henry the fixth, found after 
the faid Earles death, in the County of Somerfet ; whereby his faid daughters and 
coheires were intituled to the manor of Portbury and other lands there : Howbeit 
the faid lord James had, the i8'.''of July before, obtained the cuftody of them from | 
the king from the death of the faid Earle till the feaft of all Saints after, according 
to the Statute of the eighth of king Henry the fixth. 



Hillar: 18. H. 6. (Upotl returne of which Inquifirions, (which paft all queflion were very in- 

rot. 2. m fc»cjo ^jre^cj-jy. carryed.) this lord James found himfelf much wronged ; but being over- 
cum rem. regis. j j '/ j e> > o 

prefled with the greatnefs of the three Co-heires and theire powerfull hufbands, and 
with the extraordinary favour which they had with that weake kinge, and efpetially 
with Queene Margaret who ruled and over ruled all affairs, could not avoid them : 
yet for three years or thereabouts after the returne of thofe Inquifitions hee kept 
the poffeffion of the manors of Cowley, Wotton, and Symondfall, (as always hee did 
of Came and Hinton,) but thereupon fprunge up fuch contentions, fuites, quarrel- 
ings, bloudi'heds and other mifcheifes, as are irkfome in theire very remembrance, 
fub Cgillo in caftro continuing five or fix years togeather. A fmall taft whereof, take[n] out of a Star- 

chamber 



1463 



Utfe of ^axm^ t^t fit^t 



59 



chamber order made on Satturday the 12'.'' of September in the 23* of king Henry 
the fixth, then fitting at Weflminfter, the kings Counfell, the Chancellor, Treaforer, 
privy feale, the Duke of Suffolk, and the cheife Juftice ; where, the parties them- 
felves all appearinge. It was agreed That all diflreffes taken between them and 
their tenants (hould bee delivered by a writ of replegiare, And not to be eloyned* 
into forren fhires ; And that both the faid parties fhould thenceforth bee of peace- 
able bearing for themfelves their tenants and fervants, not attempting any thinge 
to the breach of the peace ; And thereupon the faid James had licence to depart 
into his Country, with this coinaundment, That hee fhould againe appeare in Hillary 
Terme following in his own perfon ; for which and for obferving of this order hee 
became bound in two thoufand pounds, And the Earle of Shroefbury hufband to 
the faid Margaret in the like fum, by his Counfell : And hee that fearcheth into the 
books of that Courts orders from the times of thefe firfl offices till the end of that 
kings raigne, fhall find matter of riot, force, violence, and fraud, enough to blot 
more paper then I intend in the wholl life of this lord: And fhall alfo find Wittm bria regis: 24. 
this lords eldefl fon, the 1 1'^ of May in the 24'^ of Henry the fixth, comanded under pars. i. in turre. 
the great feale of England upon his allegiance to appeare forthwith before the kings 

Counfell to anfwere his mifdemeanors in thefe buifineffes. \r- u * o 

Mich : term. 18. 

H. 6. 

^f thefe ftirrings take alfo a litle further taft out of the Court of Common ^g' ** ' ^'^' ^ 

pleas in the 18'.'' of king Henry the fixth, which fhews how David | Wodburne with 515 

divers others of his fellow fervants, by direction of their mafter John Talbot vifcount 7"° " ^"•^ E^J^^J 

^ •' termes : 18. H. 6, 

Lifle, (fon and heire of the faid Margaret,) cominge to Wotton, ferved this lord 1011279.61. i8o. 

James with a fubpena for his appearance in the Chancery : Infl;eed of obeying the 

proces, this lord James not only beat the parties, but will hee nill hee, inforced the 

faid David to eat the fubpena, wax and parchment ; for which feverall adlions were 

forthwith brought againft this lord James and his men, by the faid lord Lifle and 

his man David. 



(©f thefe ftirrings alfo in thefe times, take a further taft out of the Court of Billa dni Berkeley 
Chancery, wherein William lord Berkeley ftiewes. That after the faid Earle of 
Warwicks death, this lord fent fower of his fervants and tooke a quiet poffeffion 
of the manors of Wotton, Simondfall and Cowley, which hee continued by three 
years and more, untill the faid Margaret Countefs of Shroefbury by great fubtilty 
and might entred againe upon him, whereupon was made great difpoile, robbery, 
murder, and many other inconveniences and heynous mifcheifes, to the importable 

hurt 
^ Eloine, (from the Fr. EJloigner) fignifies to remove — to fend a great way off. — [Ed.] 

I a 



«ft 



€l}c Uitacjef of rtjc Si^tthekp^ 



1417 



fna: 18. H. 6. 

m: 9. 

Mich: pafch: Trin. 

38. H. 6. in fc»cio 

Mich: 3. E. 4. rot. 

51. in fc cio : 

Pafch: 4. E. 4. rot. 

9. in fc»cio cm 

rem. thes : 



hurt of the faid lord James and the lady his wife, and in effe6l to their utter deftruc- 
tion and of their children : Thus the bill. 

3llnb the fame year, the faid three Coheires and theire hufbands arraigned an 
Affize of novell diffeizin againft this lord and the lady Ifable his wife, and Wittm 
Berkeley knight their fon and heire, for the forefaid manors of Came, Slimbridge 
and Hinton. 

SClltl contrarily this lord James arraigned his Affize of novell diffeifm alfo 
againft the faid three Co-heires and theire hufbands for the faid manors of Wotton 
under edge and Cowley. 



claus : 19. H. 6. 
m : 20. in dorfo. 



C|)CjE^( fuites and many others, the iS'l'of ffebruary in this 19* yeare, brought a 
reference to Hody cheife Juftice of the Icings bench, Newton cheife Juftice of the 
Comon-pleas, and ffray cheife Baron, arbitrators indifferently chofen by all the faid 
parties to decide the controverfies that were amongft them, for any the lands that 
were Thomas late lord Berkeleys in the Counties of Gloucefter and Somerfet, Soe 
that their award were made before midfomer day then next ; And to ftand to their 
award each party became bound to other in feverall recognizances of 5000 markes 
the peece. | 



516 



5lln& when noe end was by that day made by the faid Arbitrators, All the faid 



eodem in dorfo parties renewed their reference to them againe in like maner as before And each 
became bound to other in the like fums the I2'^ of July after, foe y' theire award 
were made before 06labis Michis then following : Neither came any end from this 

Rot franc: ao. reference. But the 24'^ of October following John lord Talbot hufband of the faid 
H. 6. m. 24. j^(jy Margaret obtained from the king a protedlion from all fuites for a year then 
followinge. 



Rot. parliament. 
30. H. 6. m. 1 1. 



tBf^tttfiT^ (as it feemes) this lord James finding himfelf bound up from the 
comon liberty of a fubje(5t and peere, tooke fuch exception, That the lord Talbot in 
January following petitioned to the parliament then in being, to have from the 
parliament a prote<5lion allowed to him, and a ftay of all fuites, duringe his abfence 
in France in the kings fervice, which hee obtained for a yeare ; But with this pro- 
vifoe That i*" either hee or Margaret his wife, Edmond Earle of Dorfet or the lady 
Allienor his wife, or Geo : Nevill lord Latimer and Elizabeth his wife, or any of 

them, 



1463 tlife of 3a»ncj6{ tfje fk^ 61 

them, or any in their names or by their commandment, enter into any lands or 
Tenements whereof James lord of Berkeley, and Wittm Berkeley knight fon of 
the faid James, or either of them are feized or were feized the firft day of this 
prefent parliament. Then in that cafe the prote6iion fpeclfyed in the faid petition to 
bee difallowable in any a6lion fued upon the lands or Tenements upon which entry 
is thus made : Provided alfo. That if the faid three Coheires or their hufbands or 
any of them or theire heires, fue any adlion againfl this lord James or Wittm his 
fon or their heires, or againft any of the faid lands or Tenements of the which the 
faid lord James or Wiltm is or was feized the firft day of this prefent parliament, 
within the faid yeare, Then the faid prote6lion to bee void and of no force in lawe. 

Clje ig*?" of ffebruary in the faid twentieth yeare of king Henry the fixth, near fla"s : 20. H. 6. 

about the time of the former ftirrings in parliament, A like new reference was by all 

the faid parties to Fortefcue cheife Juftice of the kings bench, and to Newton and 

ffray aforefaid, Soe that their award was made before palmfunday then followinge ; 

And like recognizances of . 5000 . marks each party gave to other to perform the 

fame. | cart, ab anno. I. 

vfque 21. H. 6. 
m : ir. 20 n° 14. 
^[n which times the faid John lord Talbot was by L'res patents dated the 517 

twentieth of May in the Twentieth of king Henry the fixth created Earle of pat : 8. E. 4. pars. 

Shroeftjury ; And fewer years after was loaden with new honors in England, pat. 24. H. 6. pars. 

France, and Ireland; And Edmond Earle of Dorfet was created Marques Dorfet 2;m:i6. et26. 

^ H. 6. pars. I. m: 6. 

in the 21'!" of Henry the fixth. And Duke of Somerfet in the 26'^ of Henry the Camden in Ireland 

fixth ; And was great grandchild of king Edward the third : And John Talbot fon cart^2r22°2^et 

of the faid Earle of Shroefbury by the faid lady Margaret his fecond wife, was 24. H. 6. m. 26. 

made lord Lifle, by reafon of the tenure of the manor of Kingfton Lifle in the "^j^ ab'anno.'^2s 

County of Berks, vfque 27. H. 6: 

n°. 9. m. 7. 
carta in caflro 

Stfter all thefe quarrellings and outrages from the 17'!" to the 26"" of Henry the <^e Berkeley. 

' '^ ° "^ . petitio in Cane, 

fixth, between the faid three Co-heires and their hufbands of the one part, And this 15. e. 4. pars. i. 

lord James on the other part, the fifth of Aprill that year An award was made P"^" Wenlocke. 

between them at Cirencefter by the lord Ferrars, lord Beauchamp, Judge Fortefcue, 

Judge Yelverton and others Arbitrators ; wherein they recite the former award 

made by the Bifliop of Worcefter and Judge luyn in the fourth of Henry the fixth; 

And now award to the faid three co-heires the manors of Wotton, Simondfall and 

Cowley in fee fimple : And all the other lands and Tenements which in the 4'^ of 

Henry the fixth were by the then Arbitrators awarded to the faid Earle of War- 

wicke, 



62 €l)e %iMt0 of tt)f ^nhAeip0 141 7 

wicke, except the twenty two marks rent in fframpton upon Seavern and ten pound 
rent in Slimbridge, (now called Sages manor;) And to the faid James and the heires 
males of his body they awarded the manors of Came, Hinton, Slimbridge, Hurfl, 
Portbury, and all the other lands then in controverfy in thofe places ; And that 
each party fhould make to other fuch further affurance thereof as the f? two Judges, 
ffortefcue and Yelverton, ftiould devife. 

cartoincaft.ro de i^j faid Judges fifteen months after, in July in the 27* yeare of Henry the 

fixth, did for further affurance mutually to bee made each party to other, further 
award ; That all the faid parties fhould labour inftantly to the parliament then in 
being. That an a6l might bee had for ratifying their former award ; But if the fame 
518 could not bee procured. Then either party to make to other fuch 1 fecurity and 
difcontinuances, for to take away all entryes by either party, as they the faid 
Arbitrators hereafter fhould further devife. 

3i!0ain|(t this award this lord James much oppofed, neither would by any 
meanes at any time bee drawn to give affent thereto during his life, much lefs to 
labor for the parliaments ratification thereof, as was by the Arbitrators direfled. 

«©n the other part as great violence was ufed to enforce him to the performance 
of that award as law or greatnefs could cafl upon him ; which florms to avoid, hee 
was enforced to keep home and to man his CafHe with fome ftrength, for his de- 
fence and prefervacon : And his fons being alfo imbroiled in many troubles, kept 
clofe with their father : And the good lady I fable his wife was by meere neceffity 
inforced to travell to London, And to become the fole Sollicitor of her hufbands 
law caufes ; from whence let us hear what that vertuous lady did and howe her 
hufbands caufes proceeded, by a tre of her own hand remaining in Berkeley Caftle 
in thefe words. 

€0 mp ti^t tDoriEftjipfuII mtb rrtrrmb {orb anb Ijuieilianb 
bee tifi^ Ire bclttrrcb. 

]!liSi)t worfhipfull and reverend lord and hufband, I commend mee to you with 
all my whole hart, defyring alwayes to heare of your good wellfare, the which God 
maintayne and increafe ever to your worfhip. And it pleafe you to heare how I 
fare, S' Squall and Squall ; Thomas Roger and Jacket have afked furety of peace 
of mee, for their intent was to bringe mee into the Tower, But I trufl in God to 
morrow That I fhall goe in bayle unto the next Terme, and foe to goe home And 

then 



1463 Sifc of '^ame^ ttft f irjatt 63 

then to come againe ; And Sur I truft to God and you will not treat with them, but 
keep your own in the moft manlyeft wife, yee fhall have the land for ones and end : 
Bee well ware of Venables of Alderley, of Thorn Mull and your falfe Counfell ; 
keep well your place, The Earle of Shroefbury lyeth right nye you, and fhapeth all 
the wyles that hee can to diftruffe you and yours, for hee will not meddle with you 
openly noe manner of wife, but it bee with great falfdome that hee can bring about 
to beguile you, or els that hee caufed that yee have fo fewe peopull about you, then 
will hee fet on you, for hee faith hee will never come to the king againe | till hee 5^9 
have done you an ill turne ; Sur your matter fpeedeth and doth right well, fave my 
daughter cofteth great good ; At the reverence of God fend money or els I muft 
lay my horfe to pledge and come home on my feet : keep well all about you till I 
come home, and trete not without mee. And then all thinge fhall bee well with the 
grace of the Almighty God, who have you in his keeping : written at London the 
wednefday next after whitfunday. 

Your wife the lady of Berkeley 

CfjijEt lord James hereupon borroweth twenty two markes of Mr Nicholas carta in callro 
Pointz, whereof to repay twelve marks on midfomer day following, and the other ^ ^^ ^^^' 
ten markes on Michaelmas day after followinge ; for affurance whereof hee pawned 
to him one guilt maffe booke, a chalice of Silver weighing eighteen ounces, A 
chefipull with ftolys and fanons of red fattin, three aubes, three amices, one white 
Autercloth with croffes of black filk therein, with one valence fringed fewed thereto, 
of red cloth of gold, one cloth of red palle to hange afore an aulter of the fame, 
an other cloth of the fame for a reredote, and two ridles of red tartryn. 

Hereby this family feeth the true fidelity of mariage in a juft hufband to a 
correfpondent wife, who would rather feeme to disfurnifh God of the ornaments of 
his worfliip, then leave her neceffitous eflate unfupplyed. 

3finb becaufe this lady direfteth her tre to her worfhipfull lord, and wifheth of the word 
increafe to his worfhip, I will by a fliort digreffion comend to my reader the great Worlhip. 
honor and eftimation of the word Worfhip, fomewhat before, at, and fomewhat after 
thofe dayes, and how fublime the acceptation thereof then was. 

I, ^n this time of Henry the fixth, bills and petitions in Chancery were patiaj. H. e.pars. 
diredled unto my right worfhipfull and gratious my lord of Canterbury, chancellor *" ^ ' 
of England. 

2. ]D|)en 



64 Cfje %i'Oc0 of tfjc 55erhriep^ 1417 

claus : 8. H. 5. 2. IDl^ king Henry the fifth out of France, advertized the Duke his brother 

Cuftos of the Realme in his abfence, the Arch-Bifhops, Bifhops and lords of his 
Counfell, of the peace hee had made with ffrance, and of his mariage with the 
daughter of France, hee diredted his Jres, To the worfhipfull and right worfhipfuil. | 

520 3- The Earle of Devon having been acquited of the treafon whereof he was 
Rot. parliament, accufed, complained at the next parliament in the 3I'^ of Henry the fixth That falfe 

accufation did right nigh touch his worfhip, honefty, and truth. 

Rot. indie I. H. 4. 4. ^n the firft of Henry the fourth It was adjudged in parliament That for 

their offences the Dukes of Aumarle and Exeter, the Marques Dorfet, and the 
Earle of Gloucefter, fhould loofe their names and the worfliip thereof 

Rot. parliament. ,. Henry Percy Earle of Northumberland in excufe of the crime objedled, 

5. H. 4. m: 16. ' . . ' . . ■' 

did by his petition pray the kinge to have in remembrance his coming into his 

worfhipfull prefence to Yorke, of his own free will. 

Rot. parlia: 7. 6. In the feaventh of Henry the fourth, S"^ Henry Boyton was authorized to 

treat with the worfhipfull prince, Robert the king of Scotland and his Counfell. 

Rot. parliament. 7. In the twentyfeaventh of Henry the fixth, it is ordered in parliament. That 

*'■ ■ ■ ■ ^ ■ Wiftm Earle of Arundle fhall have his place as worfhipfully as any of his Anceftors 
Earles of Arundell. 

claus:4. H. 6. 8. In the fourth of Henry the fixth the Earle of Huntingdon, touching the 

°' payment of his ranfom, fweares by the truth of our lady and our worfhip, and in 
word of true knight. That &c. 

Caxton. fol: 316. 9- I John Trevifa, vicary of Berkeley, at the requefl of the right worfhipfull 

lord Thomas lord of Berkeley, have tranflated Polichronicon out of latin into 
Englifh, &c. Anno : 1357, in the thirtyfirfl of Edward the third. 

Caxton fol: 317. lo. In the thirty fixth yeare of Edward the third Anno : 1361 . came into 

England the three kings of France, Cipres and Scotland which were worfhipfully 
received. — ^[!^e$t ten from more then one hundred the like, in thefe times obferved 
by mee, fufifice in this digreffion. | 

521 ^otDe what followeth within three monthes after this ladies tre, read out of a 
6. E. 4. ^'^^ '" Chancery exhibited by Wittm lord Berkeley, fon of this lord James, againfl 

the 



1463 %iit of %ame^ tfjc JririSt 65 

the faid Margaret Countefs of Shroefbury ; wherein hee fets forth, That the fixth 
of September in the faid thirtieth year of Henry y' fixth, The faid Countefs and her 
hufband being then unjuftly feized of the manors of Wotton, Symondfall, Cowley, 
the warth, newleyes, and Sages lond, by their fubtile and damnable imaginations, 
labored, intreated and hired one Rice Tewe, being then fervant to the lord James, 
to deceive and utterly to deflroy him the faid lord James and his fower fons, Wiftm, 
James, Maurice, and Thomas, then being in the Caflle of Berkeley with the faid 
lord James their father : which faid Rice, having the keeping of the keys of the 
faid Caflle, early in a morning let in the lord Lifle, fon to the faid Earle and 
Countefs, with great numbers of people warlike arrayed, And there tooke the faid 
lord James and his faid fower fons in their beds, and there kept them in prifon in 
great dures by the fpace of eleaven weekes, by the commandment of the faid 
Countefs ; they by all that time knowing noe fuerty nor certainty of their lives, but 
ever awaiting the hour of their cruell death : And there the faid Counteffe com- 
pelled and coharted^ them to enfeale certaine Indentures of Covenants againfl all 
right and confcience. And after enforced them by might to reherfe the matter con- 
tained within the faid unlawfull Indentures, to fuch perfons as were affigned by 
the faid Counteffe, to their great forrow and heavinefs : And the fourth day of 
November then next following in the faid thirtieth yeare of Henry the fixth, the 
faid Counteffe made the faid lord James and his faid fower fons to bee brought to 
the gray fryars at Briftoll, with great multitude of people warlike arrayed, with 
force. And there brought to them the Maior and Conftable of the Staple, And there 
by Dures, compelled them to bee bound in divers feverall obligations and recog- 
nizances of the Statute of the Staple in twelve thoufand two hundred and fowerfcore 
pounds to the faid Earle and Counteffe ; At which time they did as they were 
compelled, for foe much as they durfl none other doe, for dread to bee murdered 
by the faid Earle and Counteffe and their fellowfhipp : And after that they were 
carryed by the faid Earle and Counteffe and their faid riotous fellowfhip unto the 
faid Caftle of Berkeley, and there kept ftill in ward, unto the time that | the faid 522 
Earle and Counteffe, at that time being in foe great favour with the Kinge, purchafed 
an oier determiner, granted before certaine of the kings Juflices and Comiffioners 
at Circefter ; At which time the faid lord James and his faid fons were brought 
thither by force. And there by Dures compelled to anfwer to acftions of trefpas 
brought againfl them, and to plead fuch pleas before the faid Judges and Com- 
iffioners as the faid Earle and Counteffe and their Counfell advifed and miniftered 

unto 
' CoarUd — compelled, forced. " Dyues by dethe was (Irayteley Coartid of bis lyf to make a fodeyne 
tranflacion."— J/^'. Land, 416, f. loi. See Bayley, Afhmole's Theat. Chem. Brit. p. 276, Halliwell. [Ed.] 

K VOL. II 



66 €1^ Eitocjef of rtjc 23ccfttlfpitf 141 7 

unto them : And alfo the faid Earle and Counteffe compelled them there to make 
and enfeale feverall releafes of all their right and title that they had or might have 
in the faid manors, and all other actions, and to knowledge them to bee inrolled of 
record, which they did for fear of their death : Soe the bill. 

Anfwer in Cane : ^otDC heare what anfwer the faid Counteffe in her own words likewife maketh : 

^' ^' ^[^Ht Thomas lord Berkeley grandfather to her the faid Countefs was feized of the 
faid manors of Wotton, Simondfall, and Cowley, (amongfl others,) of a generall 
eftate tailed to him and the heires of his body cominge, and of fuch eftate of the 
faid manors dyed feized ; After whofe deceafe the fame manors difcended to Eliza- 
beth his daughter and heire, who entred, and tooke to hufband Richard Earle of 
W^rwicke, and by him had iffue her the faid Counteffe and her Copertioners ; And 
that after the death of the faid Elizabeth, The faid Earle of Warwick held him in 
as Tenant by the curtefy of England, And dyed thereof foe feized ; After whofe 
death the Earle of Shroefbury and fhee his wife and her copertioners, as daughters 
^ and heires to the faid Elizabeth, into the fame manors entred, and thereof was 

feized by force of the f**. Entayle, unto the time that Wittm Berkeley by the affent, 
commandment, agreement, and will of the f"*. lord James his father, (which at that 
time kept within the Caftle of Berkeley a great number of right riotous, unlawfull, 
and evill difpofed people, afwell in felonies, as ryots, affrayes, and other mifgovern- 
ances, and unruly demeanings amongft the kings leidge people,) and there affembled 
to them a great multitude of fuch mifgoverned people arrayed in manner of warre, 
523 the faid Earle of Shroefbury (late lord and hufband | to the faid Counteffe) then 
being in Normandy upon the fafeguard of the dutchy of Normandy, ryotoufly came 
to the faid manor of Wotton, and entred into the fame. And the gates and doores 
of the faid manor they brake, and all to hewe and cutt the great and principal! 
timber of the roofes and galleryes, and other nefefaryes fa wed and cut in two, The 
walls, vautes, quines of doors and windows they razed and tere a down. The fer- 
ments of iron in the windows, hingyngs for doares and windows, gutters and 
condutes of lead, afwell upon the houfes as under the earth, they brake and beare 
away ; And the faid manor of Wotton in all that they could defaced and deftroyed, 
infomuch that the reparations thereof coft the faid Earle Counteffe John vifcount 
Lifle and their fervants then there being, to the valewe of fower thoufand markes, 
difpoiled, robbed and beare away ; And upon the which ryot and robbery the faid 
Earle of Shroefbury fued an oier and determiner ; And at a Seffion holden at 
Glouc : by force of the faid oyer and determiner, the faid James lord Berkeley, 
Wittm his fon and other were indited ; But the faid James, Wittm and the other, 

allwayes 



1463 Xtfe of %amt0 t^e fim - 67 

allwayes intendinge the continuance of their mifcheevous rule and governance, 
continually enforced them and kept them within the faid Caftle of Berkeley, which 
is a ftronge and mighty place, Soe that the Sherife nor none other officer of the 
Shire of Glouc, might not in any wife execute any precepts againfl them : And 
right oftentimes they iffued out of the faid Caftle, and beat robbed and difpoiled 
many of the kings leidges of that Country, And when they or any of them had 
done fuch a mifcheevous deed, they allwayes reforted into the faid Caftle, and there 
were received, defended, and kept, and all that they might rob and pill brought into 
the fame : whereupon the people of the faid Country came to the faid Vifcount 
Lifle, then being one of the Juftices of the peace in that County, and in great 
number full piteoufly and lamentably complained to the faid vifcount of the heinous 
and mifcheevous governances aforefaid, befeeching him to put himfelf in devoire 
for their remedy releefe and fuccour in this behalf ; And the faid vifcount, intend- 
ing to reforme that abhominable mifgovernance, bade the people enquire and efpye 
fecretly when any of thofe theeves and robbers or any of their maintainers were 
about I ryot and robbery, and hee would affay to take them, and bringe to an 524 
anfwer after the kings lawes : And on a night the fame Wittm Berkeley fent twenty 
of that fame mifcheevous men to a Tenants houfe of the faid Earle of Shroeftjuryes 
called Richard Andrewes, which was a blind man, dwelling from the faid Caftle ten 
miles, to rob the faid Richard Andrews, whereof the faid vifcount had warning that 
fuch a fellowfhip were iffued out of the faid Caftle ; And hee tooke a company with 
him and rode into the Country to affay if hee might meet them ; And of the Country 
that had been evill treated before by the fameWittm and his felyftiip followed them, 
till they had befet the faid blind mans houfe, And as hee went homewards againe, 
hee fortuned to meet fome of the faid vifcounts ferv", and told them how it was. 
And then the faid vifcounts fervants fent the fame man to their mafter to tell him 
thereof; And they rode ftraite in all that they could or might thither as the theeves, 
were, to refcue the blind man if they might, And yet ere they came thither, the 
Theeves had gotten the houfe and all the people that were therein, and had up- 
turned every place of the houfe : And for caufe they found but litle good in 
fubftance, they tooke a brand iron and fet it on the fire till it was glowing hott. 
And then they tooke the blind man and would have fet him upon it, for hee would 
bee a knowe of noe more good. And through that dread that they foe put him in, 
hee told them where his good was, and limetted them a place under earth in the 
fame houfe, wherein they had in money coined as the fame blind man did fwear 
and avowe before them, two hundred and fowerfcore pounds : And even as they 
were departing out of the faid houfe, the faid vifcounts fervants fet upon them, and 

with 

K 2 



68 €1^ %i\it0 of tift ^B(xheie}^0 141 7 

with right great and fore fight tooke divers of them, amongft the w*^ the forefaid 
Rice Tewe was one ; And the faid Rice in favation of his life offered to them that 
had taken him to get them into the faid Caftle, foe that they might take the refidue 
of the faid riotous mifgoverned and endited people ; And flireight they rode to the 
faid Caftle, And w" they come to the Caftle gate Rice called upon the watch. And 
anon the faid watch went to the faid lord James who had the keys in his own keep- 

52s '"S' And hee them delivered to one Thomas fiflefhewer then being | yeoman of his 
chamber, who came and opened the wicket gate of the Caftle, And the fervants of 
the vifcount Lifle entred to take the faid mifgoverned men. And tooke the place 
without any hurt or mifdoing to any perfon ; And faithfully, otherwife then thus 
was never the faid Rice hired entreated or defired by the faid Earle Counteffe nor 
none other perfon for them, nor had noe keeping of the keys of the faid Caftle : 
And further faith, that after fhee came into the faid Caftle of Berkeley where ftiee 
found the faid James and his faid fower forts, they nor none of them neither were 
imprifoned nor indureffed nor coarted to make feale declare plead nor confeffe, the 
Indentures obligations pleas releafes before reherfed, nor noe parcell thereof; but 
were fuffered to bee in the faid Caftle at their large. And had their learned Counfell 
and all other their frends and fervants continually repairing and attending upon 
them at their pleafures : And then they confidering amongft them the great ryots 
offences and trefpaffes in breaking difpoiling and robbing of the faid manor of 
Wotton, and other divers abhominable deeds which they had done to the faid 
Earle Counteffe, vifc', and others, whereof of part they were indited, and con- 
fidering alfo the great and huge cofts which they diverfly put the faid Earle and 
Countes too through their mifguiding, and alfo the great punition which they 
underftood they had deferved after the due courfe of the lawe, likely upon them 
to enfue and fall, by the advice of their faid learned Counfell and of their own 
frends, fr-eely offered to the faid Earle and Counteffe, the faid lands and Tenements 
called the warth, newleyes, and Sagiflond, To have to them and their heires for 
evermore, And made thereof as good eftates as could bee devifed by the Counfell 
of both parties, and more liveries accordinge, and one thoufand -poiunds in money ; 
wherefore furetie was made before the Maior and Conftable of briftoll aforefaid, 
in recompence of the ryot beating down and defaceing the manor of Wotton afore- 
faid, and difpoiling and bearing away their goods aforefaid: And to the faid vifcount, 
they offered two hundred pounds for the ftealing and bearing away of his goods 
there, which drewe in value better then feaven hundred markes ; for the payment 

526 of which fums they made feverall obligations | before the faid Maior and Conftable 
of the Staple of Briftoll ; And over that the faid lord James and his faid fons, by 

the 



1463 %ife of Siamejaf tlje ^w0t 69 

the advice of their faid learned Counfell and frends, offered to the faid Earle and 
Counteffe to remit, releafe and extinft to the faid Earle and Counteffe and her Co- 
pertioners and their heires, all fuch title intereft and clayme as they had, might, or 
pretended to have in the faid manors of Wotton, Simondfall and Cowley, and to 
make it fure to the faid Earle Counteffe and her copertioners, as the faid Earle and 
Counteffe counfell fhould devife, And made there oath in forme aforefaid ; for the 
performing wherof the faid lord James and his faid fower fons bound themfelves 
their heires and executors to the fame Earle and Counteffe in the fume of ten 
thoufand pounds : And all thefe things aforefaid were offered by the faid lord 
James and his fons, they having with them their frends and their learned Counfell, 
without any Dures conftraint coartion or quarrell by the faid Earle and Counteffe, 
or of any perfon on theire behalfe, other then is as aforefaid. CflllisC the anfwere. 

^(ibhtgC heard the complaint and defence of both parties, who indeed in their 
own cafes are partiall, Take the truth from him that partakes with neither party ; 
Thus, 

Ct)tjf lord James and his fbwer fons with him, are in the night time the fixth 
of September in the thirtieth of king Henry the fixth, by the falfhood of Rice, fur- 
prifed in their Caftle : And forthwith a Comiffion of Oyer and terminer is fued 
forth of the Chancery dire6led to Judge Bingham, Wittm Lucy, and others : The 
firft feffion whereupon, is at Campden in the remoteft part of Gloucefterfhire, five 
and thirty miles from Berkeley, upon the fourth day of 06lober following, w." the 
faid three lady Copertners and their hufbands put in their declaration againft this 
lord James and his fower fons, Wittm, James, Maurice, and Thomas, grounded 
upon the Statute of the fifth of Richard the fecond, for forceibly entringe into their 
manors of Wotton, Simondfall, and Cowley ; And prayed proces of Attachment to 
bring the Def" to anfwer at Cirencefter againfl; the ninth of December following. 

At this time this lord James and his faid fower fons, (being prifoners | in the gay 
power of as angry a lady as I have obferved in all my readings,) were between the Bancus reg. 30. H. 
faid two Seffions enforced to feale twelve feverall deeds, dated on the 8'^ I2'^ aol" '^° ^°' ^^' 
and . 26'!" days of Oflober; whereof (01tt was a leafe for two years to the faid three 
lady Coperceners and their hufbands of the Caftle of Berkeley ; Saving therein 
habitacon and houfroome for themfelves and fix fervants ; <©t|)CCjef were deeds of 
Covenants to make fure to the faid Coperceners their faid three manors. And that 
neither this lord James nor his fons ftiould fue, implead, vex, greeve, nor trouble, 

the 



70 



€ifc %i\)e^ of t|)c 23crhdcpie{ 



1417 



the faid ladies nor their hufbands by the law nor otherwife, nor none of their fer- 
vants, adherents, nor Counfellers, but fliould bee their true cozens, faithfull men, 
and fervants ; with an obligation of ten thoufand pounds to perform the fame ; 
4^tfyCVfi were releafes of all their rights and interefls in the faid three manors of 
Wotton, Simondfall, and Cowley, with generall warranties, and of all aftions and 
carta in caftro de appeals, made to them and to eighteen of their fervants and kinfmen : <Dn0 other 
de Berkeley. ^^^^ ^^s in the nature of a bond of feaven hundred markes for payment of two 
hundred markes to the faid vifcount Lifle, in recompence and fatisfaftion of divers 
trefpaffes and wrongs done to him by the faid Wittm Berkeley, in riotoudy taking 
away his goods out of the manor houfe of Wotton, to the valewe of feaven hun- 
dred markes : 3I!ntl one other was a feoffment of the manor of Sages the Warth and 
Newleyes to the faid lady Margaret and her heires, in part of recompence for horrid 
great trefpaffes and wrongs done to her hufband by them and their riotous people, 
in takinge away the value of two thoufand pounds of the faid Earles goods out of 
Wotton ; And a releefe of the faid manor and lands accordingly. 

%Viit the 4* of November following, were by an Armed band of men carryed 
to the gray ffryars to Brifloll, whither John Stanley, then Maior, was fent for ; And 
there before him conflrained to acknowledge three Statutes, whereof one of ten 
thoufand pounds, defeizanced by an Indenture between the parties. That if this 
lord James and his faid fower fons fhould performe all feoffments and grants, and 
fhould keep all covenants and promifes made between the faid parties. Then the 
fame to bee void. 

carta in caftro de CljC fecond Statute was of two thoufand pound to the faid vifcount Lifle. And 

er e ey. ^^^q third Statute was by the faid Wittm and James his brother alone, of two hun- 
dred pounds abfolute without any defeizances ; which done, Then were this lord & 
his fons hurried back to Berk?' with the fame rout y' caryed y"? to Brifloll. | 



528 SUltll on the ninth of December followinge, this lord James and his fower fons 

were againe carried from Berkeley to Cirencefler, the day and place for the fecond 
fittinge upon the faid Comiffion, where in their own perfons, (not by Atturny,) they 
plead, not the generall iffue, but their title at large as heir male under the faid fyne 
of the 23'^ yeare of king Edward the third : Ctpoil which day alfo cometh in the 
barre, replication, reioynder and furreioynder ; whereupon iffue being joyned A 
venire facias is the fame day awarded to the Sherife to returne a Jury againfl the 
next morninge : C1)C Jury are returned from many the remote parts of the County, 

And 



1463 



Slife of 3Iame^ tifz f ir^t 



71 



And fomoned, (as may feeme,) and appeare, And the fame morning try the iffue ; 

3l!nD find the entayle made in the time of Henry the third to Maurice lord Berkeley 

the fecond of that name and to I fable his wife and to the heires of their two bodies, 

according as was laid down in the Inquificon of the I8'^ of king Henry the fixth, 

after the death of Richard Beauchamp Earle of Warwicke : 3finll affeffe damages Efch : poll mort. 

to one hundred pounds, and cofts of fute to twenty pound, which the pi'? forthwith J^" g |°^ " ^' 

remit to the faid lord James and his fons, two of whom at this time were under 

eighteen years of age. 



3IubgC Bingham lived twenty eight years after thefe irregular proceedings, yet Efch : in Com. 
never could certify this record thus taken, in all his life time : But the fame was ^^^^ Bingham 
certified by his widow upon a writ of certiorare to her diredled in the fourth of king fine roll : 20. E. 4. 
Henry the feaventh, as the record it felf fheweth : whereby may bee gathered that 
hee held the fhuflinge fowle, howfoever the dealing might feeme faire before him. 



m : 14. 



Bill in Cane : 
4. E. 4. 



Ed : y I? 
529 



CI)i$( lord James is not yet foe freed but another Inquiry upon the like 
Comiffion is at Glouc, where this lady and wife following her hufbands buifinefs 
as Sollicitor, found worfe fucceffe, as a petition by her fon Wittm exhibited to king 
Edward the fourth in the fourth of his raigne fhall declare in his own words . viz' 
Cf)t)t the Earle of Shroefbury and lord Lifle beinge of Counfell and fingular favor 
with king Henry the fixth, by that fupport and favor the Counteffe his wife came 
to Glouc, And there caufed an Inquiry by her own men, and ftrangers, upon the Shee was great, 
oyer and terminer, and there againft all right and confcience, his faid lady and of Tho : Brother- 
mother tooke and imprifoned in the Caftle of Glouc. ; And by the faid fupport and '- " '"^ *? '''"^ 
favor her there kept, Soe that by lawfull proceffe nor | otherwife fhee might not bee 
delivered, till fhee was dead in the moft piteous wife that ever was lady of her birth, 
being difcended of your high bloud : And further that the night of the faid enquiry, 
the fervant of one Lacon murthered his faid mafter, who longe time had been 
greatly cherifhed of him, who being for that murther taken and adjudged to death, 
confeffed hee was tempted to murder his mafter for his untrue dealing in the faid 
enqueft : !HlnD that the faid Counteffe ftood foe high in that kings favor, y' fhee 
feared nothing to doe, were it never foe unlawfull ; And how fhee tooke the lord 
James his father, himfelfe, and his brethren, and carryed them to Ciceftre, And they 
were plainly told by the faid Counteffe, that if they would not in each thing do as 
they were required, they fhould plainly dye : whereupaa to their great heavinefs 
they did whatfoever they would, how prejuditiall fo ever to their inheritance and 
contrary to all right and confcience : 3lln& fetteth out further, how fhee the faid 

Counteffe 



72 



€l)e %i)>t0 of tfyt 55a:hclcpiB( 



141; 



Counteffe put the people of the County to fine and ranfome at the utterance of 
their goods, And they that might not here, fhee caufed them by the members to 
bee hanged : And that (hee afterwards caufed James and Thomas his brethren 
to goe beyond feas with her hufband, where James was flaine, and Thomas taken 
prifoner and put to fynance to him importable : 3llrtf> that afterwards the faid 
Counteffe for two years kept the faid lord James his father out of his Caftle of 
Berkeley, and all the tenancyes and lordfhipps thereto belonging utterly wafted. 
€fyljf hee : 



carta in caflro 
de Berkeley. 



530 



CljC 29*^ of September following in the 31* of Henry the fixth the faid 
Counteffe drew from this lord James and his fons. one other Indenture, whereby it 
was of newe agreed. That if this lord James and his faid fons would fue a writ of 
Attaynt of the faid verdit given at Cirencefter in an Inquiry between the faid 
parties, And the fame Attaint purfue with effe<5l without nonfute or difcontynuance. 
And plead not, nor evidence challenge, nor any other matter, but fuch as (hall bee 
devifed by the faid Earle, the lord Lifle, and their Counfdl, ne nothing doe ne 
labor, ne procure to bee done ne labored, but by their faid advife. That then the 
faid Earle, nor lord Lifle his fon, will take noe benefit ne advantage againft the faid 
lord James nor his faid fons by way of forfei | ture of the bond of ten thoufand 
pounds dated the 8* of Odlober laft which they had of them, but thereof, every of 
them to be difcharged and pardoned. 



Rec : 31. H. 6. 3IInb the more to quicken this lord James and his faid fons, in the fhort dif- 

fuper ^'eju p^j^h of this plot, the fecond of 0(5lober following (being the third day after) was 
the faid ftatute of ten thoufand pounds, (acknowledged the fourth of November 
before,) extended upon the lands of the faid lord James, by James Clifford then 
Sherife of the County ; whereby all his manors and lands, (perticularly named and 
valued,) are taken from him, both in this County of Glouc. and alfo of Somerfet : 
And proces is fued out againft all their perfons alfo, whereby now was left to this 
lord James and his faid fons neither lands nor liberty. 



pafch:3i. H. 6. i©!)ereupon the attaint goeth forward. And upon a tryall the Jury find. That 

in banc : regis, rot jj^g former Jury at Cirencefter had made a good and lawfull verdit in all that they 

et m falacijs lom. . ° •' 

had faid : Howbeit by reafon of the death of the faid Earle, and lofd vifcount Lifle, 

and of James fon of this lord James, no Judgment was after entred upon the faid 
Camden in Shrop- verdit : And this Earle is that noble foldier of whom the ffrench made the proverbe, 
(hire pag : 598. E. j^^ Talbot comes, And wee called our Englifli Achilles ; And was buryed at 

Whitchurch 



1463 %iit of -Janicief t^t fim 73 

Whitchurch with this Epitaph, orate pro anima praenobilis domini D. Johis Talbot J"^-*^,^?*- ^P"*^ 

• 1 •• ■ 1 11 J r) J Wenlok in Com. 

quondam Comitis Salopise, marifchalli francise, qui obijt in bello apud Burdeux. 7. Salop, obijt. 20. 

Julij 1453 . Anno. 31 . H . 6. And was created the firft Earle of Shroefbury of his J^''J- 

name of Talbot in the one and twentieth of King Henry the fixth ; As his eldeft 

fon by the faid lady Margaret his fecond wife, was in the 2 3'^ of Henry the fixth, 

vifcount Lifle, as hath been faid. 

Co deliver the exceptions which upon the later tryalls in the time of Queen 
Elizabeth were by the lord Berkeleys Counfell, (when time and diligence had 
ripened their knowledge,) taken to the forefaid Inquifition of the I8'^ of Henry 
the fixth, after the death of the faid Earle of Warwicke ; 5finlJ to the faid award of 
the 27* of Henry the fixth ; 5lln& to the faid adlion upon the ftatute of the fifth of 
Richard the fecond ; %vii to the faid attaint thereupon brought in the 3I'^of Henry 
the fixth ; 1 5lln& to the forefaid twelve deeds made and acknowledged as aforefaid ; 53^ 
would alone require like leaves to this lords life ; for thefe were the principall pillars 
and fuporters of the adverfaries title, and the places of retreat to which they ever 
fled and trufted ; wherein I had the honor to Colle6l y° breviats for Counfell, which 
now fleep in peace amongft the other evidence of the now lord George at Berkeley 
Caftle ; which upon reading hereof, hee may perhaps bee moved to awake and read, 
when this hand of mine w'"" thus feemeth to glory in the remembrance of its own 
labors, is turned into duft. 

SDotlbtic^ the inrodes and fpoiles that each party and their followers made each 
upon others lands and tenants, as the lord Lifle into Berkeley, Hame, Alkington, 
Hurfl, and other manors of this lord James's : And the lord James and his fons into 
Wotton, Paynefwike, Whaddon, Moreton, and other manors of the faid Earle and 
Counteffe and lord Lifle their fon, in the fame County, produced the ill effects and 
deftruftions of a petty warr : wherein the burrowe Town of Berkeley, for her part, 5-°™? V?''"''}5°I. 
fawe the burning and proftration of many of her antient houfes, as her old rent et. E. 4. 
which till that time was — 221" by the year and upwards, and by thofe devaftations 
brought down to eleaven pounds and under, where it fl;icketh to this day, without 
recovery of her antient luftre or greatnefs. 

CljC^C unjuft incurfions and depredations thus reciprocally retorted each upon ^^°^' 1"^°" • 'S- 
other, made both parties fly to the king for pardons, the eafier to wind out from the 28. H. 6. ps. i. 



juftice of the lawes : #f which fort this lord James for his part, had one the tenth 

in the 

24'^ of 



ni : 10. 

Rot pdon. 24. H. 

of July in the fifteenth of Henry y* fixth ; 5tnb an other the third of July in the 6. m. 41. daus : 



ibm. 



L VOL. II 



74 €f)e %iMt0 of t^ ^23erhdepie( 141 7 

Rot pdon. 30. H. 24'^ of Henry the fixth ; And an other the 22*^ of November in the 28'^ of Henry 
6* rn. 2K. ct. '\2» 
pat 30. H. 6. the fixth ; And an other the twentieth of July in the 30* of Henry the fixth ; And 

pars. I. m. 14. a^i other the 2o'^ of November in the fame thirtieth yeare ; 3llnD the like at the 
Rot pdon : 36. . . . 

H. 6. m. ay. fame time to Wiftm, James, Maurice, and Thomas the fower fons of this lord ; 31lnl) 

Rot pdon : 36. ^„ q^j^^^ ^j^g ^^ft of November in the 34'!" of Henry the fixth ; And an other the 
H. 6. m. 87. ''^ ■' 

Rot pdon: i. K4. tenth of January in the 36'!' of Henry the fixth, and to Jone his wife ; 3fintl an other 

m. 41. e a . ^^^ fixth of February in the firft of Edward the fourth ; And fome others. | 

532 3ilnb the lady Ifable his wife had her pardon alfo, dated the 29'^ of May in the 

thirtieth of Henry the fixth, not longe before fhee was murdered at Glouc, as hath 
been faid. 

3Ilnb the faid Earle of Shroefbury and Counteffe his wife, and lord Lifle their 
fon, had as many pardons or more, which fufficiently fhew the ill humors where- 
pat: 30. H. 6. pars, with either party abounded ; %r^ befides alfo the fifteenth of July in the thirtieth 
2. m: 15. 32. . . 

of Henry the fixth, the faid Earle wrought with the king to take them for their 

perfons, lands, tenements, goods and chatties in his protedlion. And to free him the 
faid Earle and his fons from all mens adlions and futes efpetially duringe their 
abfence in France, 

Tenn : Micllis. 27. ^^ the 27* of Henry the fixth, this lord James, by the putting on of his 

f(^cio cuim refn adverfaries, was called into the Exchequer to anfwer the meane rates of the manors 
thefaur. of Slimbridge, Hinton, Came, Cowley, Wotton and Simondfall, from the laft of 
Aprill in the 17'!" of Henry the fixth, (on which day the Earle of Warwicke dyed,) 
untill the finding of his office the year after ; in which record, the feverall titles of 
the faid Earles heires are laid down againfl the lord James, as in the faid office they 
are found. 

1^10 lord James in difcharge thereof, doth not plead his title as heire male to 
his uncle by force of his grandfathers entayle, as hee might well have done, though 
with a longer plea and more charge ; but taketh a courfe more fpeedy and of lefs 
coft, efpetially againfl the king himfelf. And pleadeth his Ma'i" pardon to him 
granted the third of July in the 24'? of his raigne, as afore is mentioned. And fo 
avoided the charge : 

^f)tjef record, I remember, was at a tryall in the Comon pleas in y' 39'^ of 
Queen Elizabeth flrongly urged by the Counfell of Anne Counteffe of Warwicke, 

widow. 



1463 %ik of Slamcjtf tift fit^t 75 

widow, then demaundant, in a writ of pertition againfl Henry lord Berkeley, tenant 
for the third part of the faid manors of Slimbridge, Came and Hinton, as being, (in 
their opinion,) unanfwerable ; for that this lord James had himfelf therein waved 
and departed from his own title of heire male, confeffmg thereby as was inferred, 
the right of the title to bee on the other fide in the hei^e generall : whereto, as the 
allegation of the record was fodaine, (for it was then unknown to the Counfell of 
the lord Berkeley,) old Serjeant Harris, of Counfell with the lord Berkeley, | gave 533 
this fodaine anfwer ; If the lord James had done otherwife, hee had done foolifhly : 
for who will refufe the benefit of Gods bleffings and the kings pardons ; And 
having two ways to difcharge himfelf, hee tooke the beft cheap and fpeediefl courfe, 
efpetially againfl the kinge ; which blunt and prefent anfwer feemed to fattisfy the 
Court. 

3finll upon a fecond putting on of his adverfaries in the fame Court, of another Miclias: 28: H. 6. 
fute in the like nature for the meane profits of the manor of Portbury and other ^°^' ^^' '" "^*"°^ 
lands in the County of Somerfet, whereto an untrue Inquificon had entitled the 
Coheires, found by them in the 18* of Henry the fixth, as is afore rehearfed. This 
lord James out of the fame reafons pleaded an other of the kings pardons granted 
to him the 22*? of Novemf the fame yeare. 

'CljC Earle of Shroefbury being (with his fon the lord vifcount Lifle) flaine in 
France as is before declared, The time of his widdows mourning for the loffe of 
fuch an hufband and fon, gave to this lord James and his two fons Wittm and 
Maurice, left at home with him, fome reafonable time of breathing, yet not free 
from as great forrow, for that James his fecond fon was flaine with the faid Earle 
in France, and Thomas his youngeft fon at the fame time taken prifoner-by the 
French in that overthrowe; which alfo on the part of this lord James and his family 
was the more redoubled through the unnaturall difcord that at this time ranckled 
between the faid lord and his eldeft fon S' Wittm, which alfo feemes the more to 
fefter by the jealoufyes infufed by a flepmother the lady Jone, whom this lord 
James had not longe before maryed, by beating upon y' weake pulfe of her huf- 
bands old age : which intefline diffention had not a little advanced the affaires of 
the adverfe parties for divers of y* late years. 

I^OtDbeit the twentieth of Auguft in the 38"" of the faid king Henry the fixth, carta in cattro 
the father and fon came to an agreement under their feverall feals of Armes, upon ^ ^^ ^ ^^' 
thefe ten capitulations : fitiSft that the faid S' William fhould not henceforth greeve i. 

vex 
L 2 



76 



€t)c Hibcjei of tfjc 25a:lidcp^ 



1417 



carta in caftro de 

Berkeley dat. 15. 

Maij. 33. H. 6. 

carta in caflro de 
Berkeley dat. 5 
Maij. 18. H. 6. 



vex nor trouble the faid lord James his father, nor any of his fervants Counfellors 
or tenants of any of his Lo'^ps manors in Glouceflerfhire, by lawe nor otherwife : 

2. ClKIt hee fhould not fupport nor favor noe perfons that his faid father ftiall put out 

534 of his I fervice : Ct)at the faid WiiJm fhall keep the peace againft his faid lord father 

3. and his fervants duringe his life, but provided that neither his fathers nor his fer- 
vants fhould give no occation of provocation to the faid Wittm or his fervants : 

4. Ci)at the faid Wittm fhould bee at large in all matters againft Thomas Mill and 

5. John Poyntz, except the faid James own matters : '^!fylt the faid Wittm fhall not 
come into the lordftiip of Berkeley, (for hee now dwelt at Portbury,) with more 
perfons then ten by day or night duringe the life of this lord his father without his 

6. leave : Cf)at hee and they fo coming fhall come peaceably, and fend word to his 
father of their coming half a day before hand, but not to ftay at any their comeings 

7. above feaven dayes : ^CtjAt the faid Wittm fhall not alyen, nor feoffment make of 

8. the manor of Portbury nor of any part thereof : Ci)itt if the faid lord James fue any 

9. perfon by lawe, the faid Wittm fhall bee with him in fuch fute lawfully : Ct)at for 
the obfervance of thefe Covenants the faid Wittm fhall enter into a Statute at 
Briftoll of one thoufand pound to his faid father. And then hee will amit and 

10. receive him as his fon and heire to his favor and good faderhood : 3llllb Urt^Sitlp that 
none of thofe feaventeen fervants of the faid Wittm, (mentioned in the fchedule to 
this Indenture annexed,) fhall at no time come within the manors of the faid lord 
James in Gloucefterfhire, but as ftrangers to baite and goe their way : 3llnb the like 
in effedl, both Covenants and Statute from this lord James with his faid fon Wittm, 
mutatis mutandis, whereby they purged the foure leaven of one the others family : 
which difagreements between this old lord and his faid fon feems alfo to have drawn 
ill nourifhment from a difobedient leafe which this Wittm, three years before againft 
his fathers mind, had made of his manor of Portbury to James Earle of Wiltfhire 
and of Ormond for twelve years, contrary to Williams promife as it feemeth ; when 
his faid father in the 18'!" of that king Henry the fixth, had for his better mainten- 
ance, granted the fame for his life ; Co the demifinge or fale whereof, this good old 
lord was the more averfe, becaufe it was the firft land his Anceftors had ever pur- 
chafed in England. | 

535 ^10 rctDnrDjEf to jgfcrbnntief. 

I^oe lord from Harding the Dane had more ufe for men, and wife men, then 
this lord James, from his firft age of difcretion to the houre of his funerall, and 
confequently more ufe for boiinty to tye fuch men to his affaires: Howbeit, whether 
it was his (hallow purfe, never halfe full, or whether the memory of his liberalityes 
have perifhed with time, I have only obferved thefe. viz' 3;n 



1463 Uife of SfamcjS tljc fim 77 

5'tt the third of Henry the fixth hee gave to Richard Venables one of his carta in caftro 
Efquiers, an Anuity of ten marks yearly out of his manor of Hurft for his life ; 
And alfo let to him the Scite of the faid manor called Hurft Farm at fixteen marks 
rent, which is the old rent to this day. 1624. 

3in the feaventh of that king, hee and the lady Ifable his wife gave to Nicholas Efch : 11. H. 6. 
Stanfhawe, for the life of the faid lady, the manor of fflekenhoe in the County of Mowbray 
Warwicke, rent free, which this lord held in her right 

3In the II* of the faid king, hee gave to Elizabeth Ithell for her life, an carta in caftro 

dc Bcrkclcv 
Anuity of fourty fhillings by the year, for the paines fhee had taken in nurfmg of 8 w 

Wittm his eldeft fon, and an houfe in Berkeley rent free. 6.incaftr:deBerk: 

^n the 19'? of the faid king, hee gave to John Grevill, one of his Efq^', for his carta in caftro 

dc Bcrlcclcv 
life, an Anuity of — 4'i 61, 8i by the year, out of his manor of Alkington, and two 

pafture grounds called cowmoor and hurdham in the faid manor, of like value. 

5[n the twentieth of that king, hee gave to John Phillip ats Morgan, for his carta in caftro de 
life, an Anuity of twenty nobles by the year, whereof three pounds out of his manor ^^ ^ ^^' 
of Appleridge, And — 3'i 6L 81 out of Clapton, And — 6'= S"* out of Hame. 

3fn the fame so'!' year, hee gave to John Dunftable for his life, an anuity of carta in caftro de 
fourty fhillinges by the year, out of the warth and new leyes in Slimbridge. 

3^n the fame year hee gave to John With for his life, an Anuity of fourty | Berkeley, 
fhillings by the year, out of the faid warth and new leyes. 536 

5fn the 2 1 1- of the faid king, hee gave to John Biford, for his life, an Anuity of de'fierkele'^'^^ 
forty fhillings by the Yeare, out of the faid warth and new leyes. 

^n the 23'^ of that king, hee gave to William May for his life, an Anuity of ^^^ •" ^^^^° ^^ 
forty fhillings by the yeare, out of culver feild in Alkington. 

CljC fame yeare hee gave to Gilbert Johnfon for his life, an Anuity of forty carta in caftro de 
fhillings by the year out of the faid feild. 

3In the 33'.'' of the faid king Henry the fixth, hee gave to George Pullen, one comp. de Port- 
of his Efquires, for his life, an Anuity of fourty fhillings by the yeare. Berkeley. 36. H. 6. 

9|n 



78 



€I)e %i\ie^ of ttft ^ethtiep^ 



1417 



carta in caftro de 5?^ the 34* of the faid king, hee gave to S' Walter Deverox for his life, in 

Berkeley, confideration of his fervice, an Anuity of twenty markes by the year out of his 
manor of Hinton. 

Comp:de Berkeley ^n the 37'!" of the faid king, hee gave to Thomas Holt Steward of his houfe, 

^' de Berkeley' ^°'' ^'^ ^^^^' ^" Anuity of fourty (hillings by the year, out of the new Inne in 
Berkeley. Co know more I have not attained. 

^10 mi^t^&amx etc tartoujET j^ag^aQt^ not pcoperip cetiucealile un&a: 

anp t^t former tidciat. 

<Ci)tje^ lord James of all his forepaft Anceftors from Harding the Dane, and of 
all his pofterity to George lord Berkeley that now is, in minority, ftands fmgle in 
his generations from wearing Armes in any martiall voyage, abrode or at home. 



Polichron:fo. 313. 



Caxton. cap ; 
fo: 



248. 
335- 



claus : I. H. 6. 
m : 19. in dorfo. 



3[n the 4* of Henry the fixth, the Duke of Bedford, Regent of fifrance and 
uncle to the kinge, returned into England ; And on whitfunday at Leicefter dubbed 
the king knight ; And forthwith after, the king dubbed knV* many Dukes, Earles, 
and lords, Amongft whom, this lord James was one, as thofe hilloryes fay ; After 
which time hee always affumed into his (tile, the title of knight ; Howbeit I have 
already truly (hewed him to bee written. Jacobus de Berkeley chivalier, three yeares 
before this time. I 



537 3[tt the 7'^ of Henry the fixth, this lord James borrowed nine hundred marks 

caru in caftro de of John Merbury of Hereford Efq^ ; for repayment whereof hee mortgaged to him 

his manors of Portbury in the County of Somerfet, and of Alkington in the County 

of Glouc, And befides gave his Statute acknowledged at Briftoll for repayment of 

the faid money. 



Berkeley. 



Rot.parl:ii.H.6. Clji^ lord James was at the parliament holden in the 11* of Henry the fixth, 

. H^e' Ds ^^°'*'^ ^''^ other lords not to keep or harbour any ryotous or notorious diforderly 
a. m : 29. perfons, nor to maintaine the quarrells of others, nor to conceive any difpleafure 
againd any Judge for doing his office and juftice &c. 



claus : 18. H. 6. 
dorfo. 



Ctje 301" of Auguft in the I8'^ of Henry the fixth, the king fent to this lord his 
Comiffion in the nature of a patent of Leivtenancy, requiring him to make procla- 
mation in the County of Glouc, for the peace of the Country to bee preferved. And 
to prevent all conventicles, unlawfully affembled, And to carry a watchfull eye to 

prevent 



1 



1463 



aife of SJameier tlje f iCiBft 



^9 



prevent ryotous congregations and affemblyes ; And if fuch appear to arife, to 
deftroy them forthwith, leafl greater evill enfue. 

3[n the 34* of king Henry the fixth, this lord James by his conge de lere, gave carta in caftro dc 
leave to the fifters and covent of Nuns of S' Magdalens by Briftoll, to choofe them ■^^"^''^ ^y- 
another prioreffe infteed of Jone Waleis their late prioreffe, lately dead : %v^ what 
more I have to fay of prefentations and matters of this kind made by this lord or 
his Anceftors to Abbyes, Nunryes, pryoryes, Chantryes, or the like religious places, 
of any of their foundations, I doe referr this pious family to the life of their foi; [699] 
Anceftor the lord Thomas the fixth of that name, where they fhall read their loffe 
in honor and profit, by that difmall and black Statute of the diffolution of monaf- 
teryes in the 31*? of Henry the 8"? and of others in his raigne. 

fct the extraordinary Comiffions, befides thofe annuall of the peace, wherein 
this lord was often imployed in divers Counties, As in raifing of money by lones 
for the king, takinge of mufters, Arming of Soldiers, appeafing of tumults and in- 
furredlions, and the like, thefe following records will diredl to the principall of thofe 
I have obferved, none of which are before mentioned ; As : pat : 4. H. 6. pars. 2. 
m. 8. / pat. 6 : H, 6. pars. 2. m : 16. / pat. 7. H. 6. pars . i. dorfo. / pat. 8. | H. 6. 538 
pars. 2. m. 3 . / fin. 12. H : 6. m : 13. / fines. 14. H. 6, m. 20. / pat. 14. H. 6. m. i. 
dorfo. / pat : 17. H. 6. pars. i. m. 12. / fines. 18. H. 6. m, 12. 17. / pat : 20 H. 6, 
pars. 3. m. 22. et. pars. 2. m. 40. in dorfo. / fines. 28 H. 6. m. 6. / pat. i. E. 4. pars. 
3. in dorfo, 

'CijijSi lord had three wives (if not fower) a good or ill hip that had not formerly 
befallen any of his Anceftors from Harding the Dane. 

Clje firft was the daughter of S^ Humphry Stafford of Dorfet- carta in caftro 

fhire, whom by the diredion of his uncle the lord Thomas, hee maryed in the third ^^ Berkeley, 
yeare of king Henry the fifth, with the portion of fix hundred marks, purfed by his 
faid uncle ; Shee dyed very young without iffue ; Howbeit an old breviat written 
about the 17'*' of Henry the 6'!' hath thefe words ; ^tXtl, Thomas late lord Berkeley vetus manufcr: in 
aielP to my lady Dorfet and her Coperceners, and uncle to James now lord of 
Berkeley, in his life, tooke the faid James for his heire of all the manors comprized 

within 

* Forefather — " To gyve from youre heires that youre aiels you lefte." Piers Plowman, p. 314. See 

HalliwelL 



8o 



€^ %i\ic0 of tlje 25ccfedepitf 



1417 



within the faid fyne, And fold his mariage twyes for a thoufand markes, and 
another time for one thoufand two hundred markes : whereby it may bee gathered, 
That this lord James had a former wife to this. 

j^ijBf fecotid wife, (if but three,) was I fable the eldeft daughter of Thomas lord 
Mowbray, Duke of Norfolke, Earle Marfhall and of Nottingham, (who was banifhed 
the Realme by king Richard the fecond, in which banifhment hee dyed at Venice 
the 27* of Decern' in the firft year of king Henry the fourth,) and of Elizabeth his 
wife eldeft fifter and one of the Coheires of Thomas fitj Alen Earle of Arundle 
and Surrey. | 



539 

comp : rec : de 
Mowbray 2. H. 6. 

in caflr. Berk : 

hillar : fin : 24. H. 

6. in fCcio. 



fol: [479] 



CI)ijBi lady Ifable was firft maryed to Henry fferrars, fon and heire to William 
fferrars lord of Groby, in the fecond yeare of king Henry the s'!", by whom fhee had 
iflue Elizabeth, maryed to S' Edward Gray lord fferrars and Groby, who had iffue 
between them S' John Gray flaine at y* battle of S' Albons in the 33'.'' of Henry 
the fixth, whofe widowe the lady Elizabeth was after maryed to king Edward the 
fourth : And Edward Gray their fecond fon, who in right of Elizabeth his wife 
fifter and heire of Thomas Talbot vifcount Lifle, was in the firft of Richard the 
third, created vifcount Lifle, of whofe iffue between them, I have formerly written 
in the life of Thomas lord Berkeley the fourth of that name. 



finis levat apud 

Vfice. 3. H. 6. de 

manerio de Rage- 

lond. 



%tib fecondly the faid Ifable was maryed to this lord James Berkeley in the 
fecond year of Henry the fixth, And continued his wife twenty nine yeares ere ftiee 
dyed. By whom fliee had iffue fower fons and three daughters, as after followeth. 



Efch: II. H. 6. 
pod mort. Jotiis 
Mowbray et 31. 
H. 6. port mort. 
dl£i liable in arce 
London. 



IBitl^ her this lord James had in mariage the manors of Afpley, Alfpath and 
fflekenho in the County of Warwicke, And fome other lands in Effex, and in other 
Counties, which her brother John Duke of Norfolke in the 4* of Henry the fifth 
conveyed to her, what time fhee was wife to the faid fferrars : I^otDllCtt fhee brought 
further the greateft maffe of land to this family of any lady that was before her, as 
after will bee declared in the life of the lord Wiftm her eldeft fon. 



fol: [518] 

Efch : in Com : 

Effex 31. H. 6. 

pofl mort. di<5t. 

Ifabellse. 



J&f)(C was a lady of great vertue, entirely lovinge her hufband, and the children 
ftiee had by him ; And in their diftreffes the principall ftay and follower of their 
futes and buifineffes ; whereof noe other teftimony needeth then her tre from 
London to her hufband formerly mentioned, and the manner and means of her 
death at GlouceP, the fatterday before Micfcmas day in the 31* of Henry the fixth, 

Anno . 



1463 



Eife of ^ame^ tlje fim 



81 



Anno. 1452 . under the rigorous hand of that mercileffe lady Margaret Counteffe Rot. fin. 31. H. 6. 

of Shroefbury, as before is touched out of the complaints of her fon Wittm to king 

Edward the fourth and to his Chancellor againfl the faid Margaret; And whofe Newland : pedigr. 

bloud, hee and her other fons after revenged in the death of her grandchild and 

heir ; And lyeth buried in the Chancell of the Church of the ffryars myno'^f ats gray Berkeley. 15. H 8. 

ffryars at Glouc, which place her grandchild the lord Maurice j Berkeley in honor 540 

of her memory in the 21'!* of king Henry the 8'!" afterwards repaired. 



C0UtI)in(^ this lady Ifable, M' Mills in his catalogue of honor hath a four fold 
error ; j^it0t in telling us That fhee was firfl maryed to this lord James And after 
to Henry fferrars laft lord fferrars of Groby ; whereas fhee was firft the wife of the 
faid Henry and after of this lord James, as formerly is delivered : ^cCOttblp in fay- 
ing that by this lord James fhee had iffue Wittm and Maurich : whereas they had 
iffue between them fower fons and three daughters, as after followeth, but none of 
them called by y'. name of Maurich ; neither doth the lord Berkeley that now is. 
Anno . 1620 . or the lord Henry that was when Mills wrote . Anno . 1557 . difcend 
from any of that name ; which I would have made the printers error, but that I find 
it not in the errata of his booke direfted to bee reformed : CIjitDlp by makeing this 
Ifable younger then her fifler Margaret, whereas fhee was the elder, and maryed 
longe before her fifter ; Howbeit its true, That the iffue of the younger fifler was 
advanced in honor before th' elders, which was the fole ground not only of Mills 
conjecture, but of Vincents and fome other late writers alfo : %a0t\^, in writing. 
That this Ifables hufband was the laft lord fferrars of Groby of that ftock ; whereas 
Henry fferrars her hufband was fon and heir of Wittm lord fferrars. And dyed in 
the life of his father, as formerly is faid. 



Catalouge of 
honor fol : 880. 



Vincent fol: 346. 



Efch : 36. H. 6. 

poft. mort. Edi 

Gray. 

hillar: rec: in fc»cio 

15. E. 4. rot: 311. 

Pafch: 16. E. 4. 
rot. 410. in banco 
coi. 



fol : [539] 



CfjC laft wife of this lord was Jone fifter to John the fecond Earle of Shroef- 
bury, whom hee maryed in the end of the 35''' year of king Henry the.fixth, and 
daughter of the often mentioned John Talbot Earle of Shroefbury flaine in France 
five yeares before : A litle before which manage, on the 25* of July in the faid 35'!' 
of Henry the fixth, it was agreed between John then Earle of Shroeftjury and this 
lord James, That hee fhould marry his fifter Jone, if foe hee the faid Earle might 
getan obligation of one thoufand pounds in which the faid lord James ftood bound 
to the king, and deliver it to the faid lord James on the mariage day or before ; 
And that the faid Earle fhould pay to the faid lord James on the marriage day, one 
hundred marks, and provide his fifter her mariage apparell as may bee worfhip to 
him the faid Earle and to the faid lord James and to her. And fliould bee alfo 

good 

M VOL. II 



carta in caflro de 
Berkeley. 



82 



€t)e %iMe^ of ti)c fl^Mepg 



1417 



good lord to all the Counfellors, Tenants, and fervants of the faid lord James that 
bee to him well willed and true : And (hall fupport him by his Counfell in all futes 
541 that bee taken againft | him. And that the faid lord James fliall make to her an 
eftate of one hundred and twenty pounds by the yeare for her life, And fhall bee 
feized the day of the mariage of all his other lands and Tents of fuch eftate as y' 
the faid J one may bee dowable of them. 

5I1jUj to fpeake as I conceive of this mariage, It was of much pollicy in this old 
lord James, then in his great clima6tericall yeare of fixty three : for hereby hee not 
only gave ftrength to his own affaires, but hee weakened the power of the adverfe 
party, not only by drawing from the faid Margaret her two greatefl; pillars, her fon 
in lawe and daughter in lawe, with an intelligence of her private purpofes and 
pradlifes paft and prefent, but by oppofing their endeavors againft her by expreffe 
covenants. 

carta in caflro de 22»p this Jone, this lord James had noe iffue, but after fix yeares and fower 

Berkeley, months mariage, hee by his death left her his widowe : And within two months 

after, her fon in lawe the lord Wiftm Berkeley agreed by Indenture to pay her one 

hundred pounds yearly for her life, in lieu of her dower and of fuch manors and 

carta in callro de lands as were by her hufband conveyed to her ; And about fower years after fhee 

Berkeley : et carved Edmond Hungerford EfqT to whom the faid hundred pounds Anuity was 
divers : acq : ibm. . 

many years paid. 

I. 3. <©f Wittm who dyed without iffue, And of a^auricc his brother lord 
Berkeley alfo after him, and of his iffue I fhall after write in their feverall turnes, 
under whom this family faw, as various alterations, as in the life of this lord James 
had happened. 

Each ftate is fubje<5l unto change. 
Why then to us fhould this feeme ftrange. 
Yea, th'eavens and earth muft paffe away 
^ And not continue at one ftay. 



542 2. '^a.mt0 who was fecond fon of this lord James and Ifable, was, in the|floure 

of his youth after hee had fufifered imprifonment with his father and brethren, and 

been made a party to all thofe enforced conveyances as formerly is declared, 

petitio Wittmi ad hurryed into France by the faid Earle of Shroefbury and lord Lifle, againft his 
Edrm quartum Yvill 



1463 



%iie of 3[amc3^ tl)e fk^t 



83 



will, by the procurement of his Counteffe the often mentioned Margaret ; where 
with them hee was flaine the fame year, before hee tafted the fweet or foure of 
nuptiall fruit. And feems to lye by the body of this lord James his father in the 
Chappie on the fouth fide of Berkeley Church, differenced in his bearings with a 
file of three lambeauxes, fables, though of the tranfportation of his body out of 
France, I have found nothinge. 

4. CI)0niil^ fourth fon of this lord James and I fable, was alfo both at home and 
abrode in ffrance, partaker of his brother James double misfortunes, onely hee had 
the hap to have his life faved in that overthrow wherein the faid Earle and his fon, 
in the 31* of Henry the fixth, perifhed ; but his body was taken prifoner, And (as 
his brother the lord Wiitm complained after to king Edward the fourth,) was put petitio predidt. 
to ranfome importable for him to beare ; At which time hee was under nyneteen 
years of age : of whom, and the difcendants from him, I will inlarge my felf, (as I 
have formerly done in other branches of this noble family continuing to this day . Berkeley of 
1634.) And the rather alfo becaufe this Thomas is flock-father of the Berkeleys, ^e°kdey^"^^ 
comonly called of Worcefterfhire, and of Herefordshire, multiplyed into many Herefordfhire 
generations ; whofe later difcents have not been foe fully infifted upon by the 
geneologifts of this family, as feemed due to male branches lately bloffomed from 
foe noble a ftocke, as this lord James and the lady I fable his wife. 

^10 'CIpmaiS? in his fathers life time was ftiled Thomas Berkeley Ar fit Jacobi cartEecumWiltmo 
Berkeley dni de Berkeley mit. And after his death, Thomas Berkeley A? frater dni ^""'^^y- =*• ^'- ^■ 
Wittmi Berkeley dni de Berkeley. 



3[n the 34* of Henry the fixth upon the petition of this Thomas and for Vafcon. 34. H. 6. 
fpeedier payment of his finance, the king grants leave for three of his faftors to 
goe with the fhip called the Chriftopher with any lawfull merchandize, and to fell 
the fame, and returne, and goe againe. And the year before, this Thomas and ^^fcon. 33. H. 6. 
two of his partners had the like licence to goe with their fhipp called the Trinity 
of Berkeley, to Burdeaux, and there to unlode, & lode againe, & bring any mer- 
chandize into England. | fifor his portion hee had by the feverall conveiances of his 543 
father, the manor of litle Marflifeild and divers lands in Clapton, late the lands of Berkele/^'^° ^^ 
John Edwards, and all other his lands. Tenements and hereditaments in the county 
of Gloucefter, which the faid lord James held in fifee fimple, whereof fome lay in 
Berkeley, Durfley, and Hinton : And the l3'^ of December in the 22* of king carta m caftro de 
Edward the fourth, Wittm vifcount Berkeley his brother and Jone his then wife, 

gave 

M 2 



84 



€l^e %i\it0 of ttjc 55crHdcp!tf 



1417 



carta in caftro de 

Berkeley. 

dat.4Nov. 13H.6. 



gave to this Thomas his brother, for his laudible fervice, an Anuity of nineteen 
pounds p anil for his life, whereof. 6^ 13I, 4I to bee iffuing out of his manor of 
Wotton, And — 12'i 6= 8i out of his manor of Hame. And alfo this Thomas had 
by conveyance from his father in the xiii'^ of Henry the fixth, then very younge, 
the manor of Daglingworth, and the moytie of the Manor of Brokenburgh, with 
the alternate courfe of prefentinge to the chantry of our Lady in Almondefbury, 
entayled upon him and the heires of his body, with remainders to his elder brothers 
in tayle. 



carta cum JotSe 
Smyth de 
Midleton. 



Humphry duke of Buckingham, by his patent dated the eighteenth of March 
in the 32''' of Henry the fixth, made this Thomas Berkeley receivor generall of all 
his lands in the County of Gloucefter, Wiltefs, and Hampfhire, with the fee of five 
pounds p anil, And two fliillings for his wages for each day hee fhould travell in his 
buifinefs ; which feemes to bee upon his firfl returne after hee had taken order for 
his ranfome in ffrance. 



i^i^ Thomas was prefent with his two elder brothers, Wittm & Maurice at 
the death of the lord vifcount Lifle, flayne by them at -Nibley greene in the Tenth 
of king Edward the fourth, as after followeth. 



carta 20. E. 4. in 
caftro de Berk : 

volunt. Marchion. 

Berkeley : 7. H. 7. 
carta in caftro de 
Berkeley 3 H. 8. 



I^Ct marryed Margaret the daughter and heire of Richard Guy of Minfter- 
worth, heire to Phillip Waterton of Waterton in Wales, an antient family, to whom 
Thomas lord Berkeley had formerly given divers meffuages and lands in Berkeley, 
Alkington, Hinton, and in the lordfhip of Berkeley, under the rent of 24L paid by 
the heires and affignes of this Thomas Berkeley to this day. 1634. 25? her this 
Thomas had iffue i John Berkeley, 2 Thomas, 3 Richard, 4 Edward, 5 Margaret, 
6 I fable, and 7 Margery ; And dyed the fecond day of July . Anno . 1484 . in the 
fecond yeare of king Richard the third, as the braffe about his marble Tomb in 
the chancell of Berkeley Church doth witnefs, whereout twenty four years agone, 
I copied forth this Epitaph; Hie jacet Thomas Berkeley infignis armiger frater 
illuftriffimi domini Wiiimi Comitis Nottinghamise, qui quidem Thomas obijt fecundo 
die Julij, Anno Domini . 1484 . cujus animae propitietur deus . Amen. | 



544 Slofjn eldeft fon of the faid Thomas Berkeley and Margaret, by Margery his 

carta. 3. H. 8 : m ^jfg ^^^ iff^g Tq|^j^ ^^jj Thomas, And dyed in the 27* yeare of kinge Henry the 
caftro de Berkeley. •' . 

Rentall de S')" And the faid John fon of John was fervant to Anne lady Berkeley widowe, And 

Berkeley 8. H. 7. ^jygj without iffue at Callowdon in the County of Warwicke in the 31'? of the faid 

king 



1463 tlife of 3|amc3tf tljc fit^t 85 

king Henry the 8* 5Cni> Thomas, brother and heire of the faid John fon of John, Moyles furvey 

by Siizan his fecond wife daughter of Curnocke of Cowley, (for by his firft wife cafl.ro de Berkeley, 
hee had noe iffue,) had iffue two daughters, Jone and Frances, And dyed in the 
twentieth yeare of Queen Elizabeth at Berkeley, where hee lyeth buryed. 

C!)C faid Jone by Morgan Griffith her firft hufband, had iffue Edward, fifrances, 
and Blanch maryed to Thomas Barber of Berkeley-heath, by all which is iffue. 
And by Richard Oldland her fecond huftjand had iffue Thomas and James, neither 
of whom are yet maryed. And Richard who maryed Jone Richards of Wanefwell, 
Anno. 1622. 

CIjC faid fifrances fecond daughter and coheire of the faid Thomas Berkeley, 
was maryed to John Smith of Middleton in Hinton, (hee yet living, blind. 1622,) 
by whom fhee had iffue John Smith, Wittm Smith, Henry, Elizabeth, Margaret, 
Mary, Jone, Edith, and Agnes ; The faid John by Martha his wife daughter of 
Robert Cloterbooke hath iffue Thomas and Henry. 

The faid William is not maryed. 

The faid Henry by Jane his wife, daughter of James Bayly of Swanley, hath 
iffue John, Wiftm, Henry, Elizabeth, and Mary. 

The faid Elizabeth was maryed to Phillip Wither of Littleton who had iffue 
Katharine, firft maryed to John Atwood of Berkeley by whom ftiee had no iffue, 
And after maryed to Charles Jay, between whom is iffue fifrancis . Anno . 1634 . an 
infant very young. 

The faid Margaret was firft maryed to Thomas Nelme, by whom ftiee hath 
iffue Thomas : And fecondly maried to John Nelme by whom fhee hath yet noe 
iffue, 1622. 

The faid Mary was firft maryed to Mathew Skull of Newport, by whom ftiee 
had iffue, John, Thomas, Henry, and Nicholas ; And 2^\^ to John Noote of Old- 
bury, by whom ftiee hath noe iffue. | 

The faid Jone is maryed to John Hurne of Hinton, by whom ftiee hath iffue 54c 
Sara maryed to Nathaniell Mallet . 1635. 

The 



86 



Cljc %i\ie^ of rt)£ 25crhdcpief 



1417 



The faid Edith is marryed to John Clutterbooke, by whom fhee hath iffue 
John, maryed to fifortune Lawrence, and Agnes . 1 634. 

And the faid Agnes is maryed to James Hurne lately deceafed, by whom fhee 
hath iffue John, Mary, and Edith. 



carta in caftro de 

Berkeley et cum 

Robto flfowler de 

Alderly 



Ex archivis civit. 
Herefordiae. 



546 



carta cum Wittmo 

Berkeley de 

Killrud: 



Richard third fon of the faid Thomas Berkeley and Margaret, (to whom his 
uncle Wittm Marques Berkeley by his will in the feaventh of king Henry the 
feaventh, gave a legacy of forty fhillings,) poffeffed part of his fathers lands in 
Durfley fower miles from Berkeley, where fometimes hee dwelt, which are now the 
inheritance of Robert fFowler of Alderley and others ; And by Margaret his wife, 
daughter of Dyer, had iffue i Richard, 2 Thomas, 3 Edward, 4 William, 5 Humphry, 
6 Jone, and 7 Edith, of whom in order as followeth : l!ltt|)actl eldeft fon of the faid 
Rich? had iffue John, who maryed the daughter of Slead, between whom was noe 
iffue ; And alfo the faid Richard had another fon of the fame name of John, who 
was written John Berkeley of Hereford, and was twice Maior of that city, viz' in 
the 8* and 24* yeares of Queen Elizabeth ; And by Jone his firft wife daughter of 
Havard had iffue Thomas, who after dyed without iffue ; And by Margaret his 
fecond wife daughter of Hues had iffue, William, Humphry, Ofwald, John, Nicholas, 
Richard, James, Mary marryed to Whittach, Margaret maryed to — Mynors, and 
Ellenor maryed to — Cofby : <©f whom, the faid Wiltm the eldeft fon by Elizabeth 
daughter of Wittm Burghill had iffue Wittm Berkeley, now living at Killruddon in 
the county of Limbricke in Ireland, Anno. 1632. 5llntl the faid John Berkeley of 
Hereford, who (as aforefaid) was twice Maior of that city, hath his portraiture to 
bee yet feen in the houfe of Wittm Norman a Mercer in Hereford, pidlured in an 
Aldermans gowne, blacke faced with Ermins, fent him, as report there goes, out of 
Ruffia by his fon then Interpreter between the Englifh and the Ruffian, with this 
infcription ; Vera effigies Johannis Berkeley geii bis quondam hujus civitatus Here- 
ford praeturam gerentis, prius Anno Eliz . 8? poftea vero eiufdem imperij . 24'? Anno, 
setatis fa6la . 65 . et Anno dni . 1585 . with | this motto under it fervire deo regnare 
eft, with the coat of Armes of this James lord Berkeley differenced by a bordure 
argent^; which houfe the faid Wittm Berkeley of Kyllruddon in Ireland fold to the 
faid Wittm Norman ; And the ground whereupon that houfe was built was by the 
faid John Berkeley grandfather of the faid Wittm purchafed of John Kinge and 
others in the firft of Queen Mary, as by the deed appeares. 

CfjomajBT 

1 We cannot gain any intelligence of this portrait. [Ed.] 



1463 3life of 3|amcjS tijc fir^t 8j^ 

CIjomaiGf Berkeley the fecond brother of Richard fon of Richard fon of Thomas Regiflrm civitat 
Berkeley, was of Allenfmore in the jurifdi6lion of the deanry of Hereford, And 
dyed in the 4'^ and 5'^ of Phillip and Mary, As by the adminiftration of his goods 
then comitted to Anne his wife appeares. Of whom I find noe iffue ; Neither have 
I found any iffue of <2EtltDattl his next brother. 

JDiHrn Berkeley 4'!" brother of the faid Richard, fon of Richard, fon of Thomas Regiftrm civitat 
Berkeley, dwelled in Hereford, And was in the SS'** of Henry the 8*"" Anno Dni. j^^^ 
1545 . Maior of that City; And by Elizabeth his wife had iffue fifteen fons and 
daughters, viz! i Richard who dyed without iffue, 2 Robert who alfo dyed without 
iffue, 3 Wittm who had iffue George who dyed in the eaft Indies leaving a fon yet 
living, 1634. 4 Henry, do6lor of the civill law and a mafler of the Chancery, who 
dyed without iffue, whofe originall will dated in May in y° 26'? of Eliz : 1584 I have voluntas Henrici 
feen, fealed with Berkeleys ten croffes ; 5 Thomas who alfo dyed without iffue ; Berkeley mitte. 
6 John Berkeley fometimes a fellow in New Colledge in Oxford, from whence hee 
went to Ipfwich where hee dyed ; 7 Edward Berkeley a mercer in London and a 
benefacfior to that company, whofe Efchochen, (the Berkeleys ten croffes,) is fet up 
in the hall at Mercers chappie in London, and dyed without iffue ; 8 Rowland 
Berkeley, (of whom after,) Leonard Berkeley who dyed w'?out iffue, Margaret 
maryed to Richard Bramwich and fix other daughters. 

Cl^ faid Rowland Berkeley the 8* fon of the faid Wittm the maior of Here- 
ford, dyed at his manor of Specheley in the County of Worcefler the firfl of June 
in the ninth year of king James Anno Doin . 161 1 : whofe monument is in the 
chancell of that Church ; Howbeit his funerall was the 18* of the next month 
folemly folemnized at the | Cathedrall Church in the City of Worcefter, where for cAy 
the moft part hee had lived, Chefler Herald then prefent marfhallinge the funerall, 
in prefence of Wittm and Robert his two eldefl fons, his executors : Howbeit I am 
bold in love to truth, with reverence to the memory of learned Campden, to write ; 
That in his regifter booke of certificates of funeralls, fol . 330 . remaining in the 
office of Armes at London, (a place much to bee honored,) is a miflake in the gene- 
alogy of this Rowland Berkeley, the rather here foe precifely by mee purfued for 
redlifying the error therein recorded.^ This Rowland Berkeley maryed Katharine 

daughter 
* Through the courtefy of Stephen Tucker, Efq., Somerfet Herald, we are enabled to annex a copy 
of the Funeral Certificate referred to in the text, but we do not fee any difcrepancy between it and the 
Author's (latement. In the recorded Pedigree (1. 16, fo. 330) however there are feme few flight difcrep- 
ancies, e.g. Rowland Berkeley is (hewn to have married a daughter of Heywood, inflead Hayward, and 
Mary, the daughter of Rowland, is flated to have married Wyn, inflead of Mynne. 



88 €l)e HibriS^ of ttje ^rchekp^ 141 7 

daughter of — Heyward by whom hee had iffue fix fons and nine daughters ; 
whereof Wittm the eldeft fon was high Sheriffe of the County of Worcefter in the 
14* of Kinge James : 3llnb Robert Berkeley fecond fon of the faid Rowland was 
in the life time of his father, called to the degree of an vtter Barrifter in the Midle 
Temple, my felf then and fome yeares after of the fame fociety : And in the 1 2* 
year of king James was high Sheriffe of the County of Worcefler, two yeares 
before his eldeft brother ; After which office in the minifteriall part of the lawe 
expired, hee returned to the Midle Temple, where hee foe enabled himfelf for the 
juditiall part, That in Michalmas Terme in the firft yeare of king Charles, (then 
by reafon of the plague in London held at Readinge,) hee was called to the Bench 
amongft the Readers of that houfe. And defigned to read in the Summer following; 
which done, in Efter Terme in the third year of king Charles, hee was made 
Serjant at lawe. And the fame Terme one of the faid kings Serjants, And then alfo 
honored with knighthood by his Maj'i' And in Michaelmas Terme in the eighth of 
that kinge, was made one of the Judges of his Maj''5 Court of kings bench : The 
faid S' Robert Berkeley maryed Elizabeth one of the daughters and Co-heires of 
Thomas Coniers Efquier, difcended of the family of the Coniers of Sackborne in 
the Bifhopricke of Durham, whofe bearing I take to bee, A manch or in a feild 
Azure ; By mariage with his faid wife hee had, (inter alia,) an houfe and lands in 
Eaft Bamet in the County of Hertford, ten miles from London, whither in vacation 
times hee often retireth himfelf. 

Rowland BarkeleyDe Spechley in com Worcefler obijt (i) Die Junij 1611 (8) Jacobi 
Ri?. Angl: ffr et hitenie et Scotie (44) his bodye buried the 2 June att Spetchely his funerall 
folemnized July 18. 161 1 att the Cathedrall Churche in the citie of Worcefter. 

Chefter Herauld prefent, William Barkeley and Robert Barkeley his (2) eldifl fonnes 

Executours. 

Ro : Barkeley. 

(I 10,205.) 

The Arms exemplified are : Gu. a Chev. betw. ten Croffes ar. differenced by a Crefcent furmounted 
by a mullet Creft a bears head Couped ar. muzzled ga. 

Extraded from the Record now remaining in the Herald's College, this 21 July, 1883. 

Stephen Tucker, Somerfet Herald. 

Rowland Barkley, only fon of William eldeft fon of this Rowland, bom 16 13, was knighted at 
Worcefter, 30 June, 1641, and was nominated by Charles II one of the Knights of the Royal Oak. He 
married Dorothy daughter of Sir Thomas Cave, Knt, of Stamford. 

Robert, fecond fon of the above mentioned Rowland, became one of the King's Serjeants at Law, 
as ftated in the text, and was knighted 14 April, 1627. [Ed.] 



1463 3life of 3[aitiej6f tfje fk^t 89 

<!5Dtoarb, 3[o!)n, ]^Cnrp, and €l)Oniaief, the third, fourth, I fifth, and fixth fons of 548 
the faid Rowland Berkeley, have theire names onely here mentioned by mee. 

#f the forefaid nine daughters, Dorothy is maryed to Thomas Wild ; Katharine 
is maryed to Wittm Worfeild ; Elizabeth is maryed to Rob' Crofby ; Ellenor is 
maryed to ffrogmere : Jane is maryed to Stinton ; J one is maryed 

to Henry Bright ; Mary is maryed to Mynne of London ; Anne is maryed 

to Thomas More ; And Joyce is maryed to Newton of London, of whom 

is a numerous pofterity. 

]^uni)){)tr{i Berkeley fifth brother of the faid Richard fon of Richard fon of 
Thomas Berkeley, was a profeffed Monke in the monaftery of S' Peter in the City 
of Glouc. at the time of the diffolution thereof; To whom king Henry the 8'^ the Irr: in Curia 
tenth day of February in the 31" of his raigne granted an yearly penfion of eight "gtnenac. 
pounds for his life, which hee received till the I4'^ year of the raigne of Queen 
Elizabeth ; And is beleeved by many to have outlived all of the like Monkifh 
penfioners in England. 

<Df Jone and Edith fifters of the faid Humphry, I can fay nothing, fave that 
I here conclude with them, the iffue of the faid Richard Berkeley third fon of 
Thomas Berkeley youngeft fon of this lord James and of the lady Ifable his wife. 

<0f Edward fourth fon of the faid Thomas Berkeley and Margar' I can fay 
nothing, fave that 

fll^atgsxrct, eldefl; daughter of the faid Thomas and Marg* was maryed to 
Shipward gent., an honeft and carefull Agent in all the waightieft buifineffes of 
Maurice lord Berkeley the fixth and lafl of that name, efpetially whilft hee lived at 
Calais, as many of his tres in Berkeley Caftle written to that lord doe plentifully diverfa muniment 
witnes, which declare him to bee, as I here deliver him ; who had iffue between '" caftro de Berk : 
them Shipward father of | Maurice, father of Maurice and Wittm, which caq 

Maurice was of Alvefton, and dyed without iffue about the twentieth year of the 
raigne of Queen Elizabeth leaving the faid Wittm his brother and heire ; which 
Wittm had iffue five fons and daughters, viz| i Maurice Shipward of the City of 
Weftmfter, father of divers children ; 2 Wittm who by Elizabeth the daughter of 
Anthony Halfe EfqT is alfo father of divers children, 3 Giles Shipward, 4 Elizabeth, 
and 5 Ellenor. 

N VOL. II 



90 C|)e SLite.tf of t^ i:Skthc\ep0 141; 

'^Sidblt fecond daughter of the faid Thomas Berkeley and MargaH (to whom 
her uncle Wittm Marques Berkeley in the feaventh of Henry the feaventh gave a 
legacy of twenty markes,) was in the third yeare of king Henry the 8')' maryed to 
Humphry Lluellin gent, fon and heire of Wittm lluellin of Pucklechurch gent, 
between whom was iffue John ffluellin, [ficj who by Anne his wife daughter of John 
Atwood had iffue, Wittm, and Hugh : which Wittm by Cicely his wife daughter 
and heire of Robert ffrize of Pucklechurch had iffue Chriftopher, Agatha, Ellenor, 
Anne, and Mary. 

The faid Chriftopher by Anne his wife, daughter and heire of John Burnell of 
Wefterly, had iffue William, ^who by Anne his wife daughter of John Brittaine of 
Bitton hath iffue William, John and fower daughters. 

The faid Agatha was maryed to Wittm Organ of Wefterly and hath iffue John 
and George. 

The faid Ellenor was maryed to John Gregory of Wike, who had iffue Wittm 
lately dead without iffue, and Walter who had a fon. And the faid Mary was 
■maryed to John Mayo who have iffue John Mayo, and a daughter called Elleanor, 
mcuyed to Wittm Buckle. 

The faid Hugh ffluellin brother of Wittm, fon of John, had iffue Wittm, of 
whom is iffue. 

7 ^at^etp youngeft daughter of the faid Thomas Berkeley and Margaret, 

(to whom her uncle Wittm Marques Berkeley by his will in the 7'^ of Henry the 

feaventh gave a legacy of five marks,) dyed, as I conceive, w'^out iffue ; And thefe 

carta in caftro de three daughters Margaret, Ifable, and Margery, had, by the conveyances of their 

R%t ff ^1 *^"d" father and Mother, divers lands and remainders in tayle limited to them in Berkeley 

Alderly. and Durfley &c. Hitherto of the faid Thomas and his iffue, fourth fon of this lord 

James. 

550 5. ^li^ab^tf), eldeft daughter of this lord James and Ifable his wife, was | in 

their life times maryed to Thomas Burdet of the County of Warrwicke Efq' And 

had two hundred pounds for her mariage portion. And from her hufband forty 

pound Joynture pf ann ; which Joynture land was entayled to them and the heires 

carta in caRro de of their two bodies, as the Deed it felf dated on thurfday after S' Katharines day 
Berkeley. 

m 



1463 



%ik of %amt^ t^e f irjSt 



91 



in the 27'? of Henry the fixth doth witneffe, A litle before which time they were 
maryed : And for any thing I yet underftand fliee dyed without iffue. 

6. '^\0ab\t, the fecond daughter of this lord James and Ifable, was maryed to 
Wittm Try of Hardwike in the County of Glouc, Efq^. to whom by deed dated 
the I8'^ of Auguft in the I6'^ of king Edward the fourth, Wittm lord Berkeley her carta in caftro de 
brother granted an yearly cheife rent, (which the lord George Berkeley receiveth at W'ttm 

this day, 1628,) of forty fhillings paid him by the faid Wittm Try and his Anceftors Try de Hardwike. 
out of certaine lands and woodground called Inwoods in Stinchcomb within the 
parifh of Came ; To hold to the faid W"? Try and Ifable his wife in part of pay- 
ment of three hundred marks, (the like portion to her elder fifters,) untill the fame 
bee paid, according to the will of James lord Berkeley his late father, as the mariage 
portion of the faid Ifable. 

This Wiitm Try dyed in the 13'!" yeare of Henry the feaventh, whofe office 
then found fheweth. That the third of September in the 21'?' of Edward the fourth 
hee had enfeoffed her brother Thomas Berkeley and others of his manor of Park- 
court in Hardwike, To the ufe of himfelf and Ifable his wife and of the heirs of 
their two bodies, And that fhee was now dead : Howbeit fhee was livinge in the 
fourth of Henry the feaventh, when by the kindnes of her faid huband, her 
Joynture was further enlarged with his lands in Beoly and Clehungre in Berkeley 
hundred. 

This Wittm Try was difcended from Sr Robert Berkeley fecond fon of Maurice Rec^ in banco : 
lord Berkeley the fecond of that name, as in the title of his iffue is to bee read, jj. 7. lot. 

from whofe conveyance came the faid lands in Beoly and Clehungre, and the forty ^etus manufcr. in 

Ihillings rent charge out of Vley there mentioned, which that family poffeffe to this vide fol : [177] 
day, 1620. 



The faid Wittm and Ifable Berkeley had iffue John Try, who dyed without 
iffue, and Wittm Try, who by Anne his wife, daughter of Thomas | Bainham and 
widowe of M'. Clifford, had iffue Edward Try, and Thomas Try of Callowdon, 
a wife and faithfull fervant to this family, of whom much is after written. And dyed 
in the 16'!" of Henry the eighth. 



551 



The faid Edward Try fon of Wittm and Anne, by Sibill his wife, had iffue 
John Try, Arthur, and George, which Arthur and George dyed without iffue ; And 

Wittm 

N 2 



9»a €5c ttitJcjef of rtjc SScrftckpief ' 141 7 

Wittm Try of Pucklechurch, who by Cicely his wife daughter of Whitokefmead, 
had iffue Sibill maryed to Henry Denis, and Anne maryed to Roger Kemis of 
Wickwicke ; and the faid Edward had alfo iffue Katharine maryed to Hugh Denis 
of Pucklechurch, of whofe iffue fee after ; And the faid Edward dyed in the 18'!" of 
Henry the 8'^ 

The faid John Try by Elizabeth his wife daughter and coheire of M' Gurney 
of Suffolke, had iffue John Try, Edward Try that dyed without iffue, Anthony Try, 
Anne, Elizabeth, and Katharine maryed to M' Serjeant of Stone. 

The faid John fon of John by Margaret his wife daughter of Mr Skipwith had 
iffue, Witlm, Henry dead without iffue, Thomas, Peregrine, John, Edward, Suzan, 
Elizabeth, Margaret, and Frances. 

The faid Wittm eldefl fon of John maryed Mary daughter of Sf Edward 
Tirrell kn!, by whom hee had iffue Wittm, Henry, Edward, John, Frances, and 
Mary ; And was in a private quarrell flaine at Gloucefter, Anno 8. Jacobi. 

The faid Thomas third fon of John maryed Vrfula daughter of M' Fofter, by 
whom hee had iffue, Witim, Elizabeth and ffrances. 

The faid Peregrine, fourth fon of John, is yet unmaryed ; Anno . 161 8. 

The faid John the fifth fon, maryed Elizabeth daughter of John Chambers of 
Trefham, by whom hee hath iffue, Thomas. 

The faid Edward the fixth fon maryed Millicent then attendant on the lady 
Elizabeth Berkeley widowe ; At what time alfo the faid Edward was her gentleman 
vlher, And have iffue, 1628. 

Suzan and Elizabeth are yet unmaryed . 1620 . Margaret is maryed to M. 
Drayner of the Inner Temple, And ffrances is dead without iffue. | 

552 The faid Katharine fifter of the faid John Try fon of Edward was maryed to 

Hugh Denis of Pucklechurch EfqT by whom fhee had iffue Henry that dyed with- 
out iffue, John, Walter not maryed, Anne maryed to M'. Petit and have iffue, Cicely 
not maryed, and Audely maryed to Mr Bryers of Coventry ; ffrances maryed to 

Mr Thomas 



1463 Hife of SameiS tfje jpirieft 93 

Mf Thomas Ligon of Elfton, and have iffue, Thomas Ligon, Wiitm, Richard, John, 
and Katharine maryed to Mt Jerrat, who have iffue ; And Jone dead without iffue, 
and Alice firfl maryed to Mr Brokefby and after to M' Berry, who alfo have iffue. 

John Denis brother and heire of Henry, fons of the faid Hugh and Katharine, 
by Ellen his wife daughter of Thomas Millet of Sowe hath iffue henry Denis, who 
hath maryed Margaret daughter of S^ George Speake and have iffue ; Wiitm Denis 
not maryed, Cicely maryed to Wittm Guyes fon and heire of S' Wiltm, and have 
iffue. And Katharine not yet maryed . Anno . 1624. 

7. %]xct third daughter of this lord James and Ifable his wife, was maryed to carta irr : in Cane: 

Richard Arthur of Clapton in Somerfetfhire near Portbury, and had iffue John and banco code '^no 

Ifable ; which Ifable was firfl maryed to M'. Stanfhawe, And after to Mr Harrifon, TennMicBisrot.i. 

both whom fhee furvived, And as I take it, dyed without iffue. ^^® '° • 

The faid John Arthur fon of the faid Richard and Alice, by Margaret his wife 
daughter of John Butler of Badmington, had iffue Thomas, and Margaret maryed 
to Roger Porter in the 22'^ year of Edward the fourth, of whom after. 

The faid Thomas Arthur by the daughter of Mr Shipman of Briftoll had iffue, 
whereof many remaine at this day. 

The faid Margaret maryed to Roger Porter had iffue Arthur, who by Alice 
daughter of John Arnold had iffue Thomas Porter of Lanthony by Glouc : knight, 
_ Tacy maryed to Edward Oldifworth, Ifable maryed to Giles Codrington, and 

.... 



The faid Sr Thomas Porter, by Anne daughter of Richard Denis of | Siflon, 553 
had iffue Arthur Porter knight and others, of whom fee after in the iffues of Maurice fol : [625] 
the fifth, third fon of this lord James. 



The faid Tacy maryed to Edward Oldifworth had iffue Arnold Oldifworth late 
Clark of the Hanaper, who by Lucy his wife daughter of ffrancis Barty a ffloren- 
tine gentleman of a noble family, had iffue Edward maryed to Elizabeth Mafters 
late of Cirencefter, by whom hee hath iffue Bridget ; Michaell Oldifworth Secretary 
to the Earle of Penbroke lord Chamberlaine, and Elizabeth maryed to Alexander 
Bainham of Weflbury by whom fhee hath iffue. 

The 



94 €l)e UiUfiBf of ttc SJcrfecIcpjf 14 17 

The faid I fable maryed to Giles Codrington had iffue ffrancis Codrington of 
fframpton upon Seaverne, Richard Codrington of Dodington, and Cicely maryed to 
Wittm Rufwell of Dunkerton in Somerfetfliire. 

The faid ffrancis Codrington by Mary his wife daughter of ST Nicholas Poyntz 
had iffue Margaret, firft maryed to Edward Bromwhich of Frampton upon Seavern, 
And fecondly to John Sydnam ; of whom fee more in the life of the lord Thomas 
fol:[683] the fifth. 

The faid Richard Codrington brother of ffrancis, by Joyce his wife daughter of 
John Burlace Efc^, hath iffue Samuell, who hath maryed Elizabeth daughter of 
Thomas Stephens of Lippiat EfqT and fifler of Edward Stephens of Sodbury, Efq^ 
(farmer alfo of the impropriate Tythes of Berkeley Redlory,) Richard, Robert, 
Wittm, Giles, Anne, Elizabeth, ffrances, Joyce, and Ifable Codrington ; Of whom 
the faid Ifable is maryed to Samuell eldeft fon of Chriflopher Stokes of Stanfhawes 
by Sodbury gent. 

And the faid Bridget was maryed to Chriftopher Bainham of Clowerwall, who 
had iffue George Bainham, dead without iffue. 

^i^ ^taW of %tmt^, 

iC|)tj6( lord James in his firft acceffe to his Barony fealed with the Cheveron and 
ten croffes cornerwife, the two mairemaydes fupporters, and the helmet and myter 
554 for creft, (the miter not charged,) circum | fcribed, figillum Jacobi domini de Berke- 
ley ; And afterwards, upon what grounds I find not, the miter was charged with the 
croffes alfo ; And the circumfcription of that feale was figillum Jacobi domini de 
Berkeley militis, in other things agreeing : both of one bredth of two inches and an 
half diameter, without any reverfe or privy feale on the dorfe : Behold the refem- 
blances. 




The mitre is (hewn charged in the feal as " tricked " by the Author. See/iujimt/e. [Ed.] 



1463 3life of %\mt0 rtjc firieft 95 

1^i0 tieati) anb place of burian. 

C!)C 22* of 06lober in the third yeare of king Edward the fourth," it was carta in caftro 
agreed between this lord James and the often before named Margaret Counteffe of 
Shroefbury, That they would thenceforth ceafe fuites & the refidue of their lives 
live in reft and peace togeather ; And that either of them fhould enjoy fuch manors 
lands and Tenements in fuch fort and form as either of them then held and were 
poffeffed of, without interupting one of the other. 



3Jlt this time was the lord James of the age of . 69 . years and upwards, and the 
faid Margaret about fifty and two ; Neither of whom fmce their ages of difcretion 
having till that time enjoyed any three months of freedom from lawe fuites : And 
with this peace enters the everlafting peace of this lord James, an honeft humble 
and juft lord ; for within thirty fix days after, hee dyeth at Berkeley Caftle in the 
end of November Anno . 1463 . where hee had lived all his life time fince his 
unckles death ; And lyeth buryed under a fair tomb of alablafter beautifyed with 
the Efchucheons of his Armes in y? Chappie on the fouth fide of the high Altar in 
the parifh church of Berkeley, which Chappie himfelf formerly had built, then 
entred into | the feaventieth yeare of his age, whereof hee had fit lord forty fix 
years fower months and about twelve days. 



Rot. fin. 3. E. 4. 
m. vlt. 

Newl : pedegr : in 
cafl.ro de Berkeley, 
claus: 3. E. 4. m. 
Ne wland pedegree 
faith hee dyed. 
1462. but falfly. 
vlt : vol : wilti 
Marchioii 
Berkeley . 7. H. 7. 

555 



And now Gods holy angells are attendinge 

To crowne him with thofe joyes that know noe endinge. 

#f whom this teftimony is juftly tranfmitted to his pofterity ; That amongft all 
the generations of his houfe before and after him, none is found to have walked 
more with God in a vertuous and harmleffe life, not once obferved to have flipt into 
diforder, vice or paffion ; much refembling the pious part of king Henry the fixth 
his life, in whofe raigne the greater part of this lords life ran out. 

%Vii in the uneven parrallell between this lord and the lord Wittm his eldefl 
fon, is verifyed, That parents beget the bodyes, not the minds, nor manners of their 
children ; for two more diffenting from the cradle to the grave are not to bee found 
in the wholl catalogue of their generations, as by their lives appeareth. 



That hee made a will it is apparent by the deed of his daughter Ifables man- 
age, but to have been proved of record I find not in any place. 

Contra 



9^ Clje aibCjBf of tljc ^tvMep0 141 7 

Contra vim mortis non eft medicamen in hortis ; 
Noe herbes do growe in any mould 
Gainft ftroke of death that can bee found : 
The graffe that grows, to-morrow's hay, 
And man that's now, aflbone is clay. 

<^ lantijSf tnljercof Igee dpcti ^ei^di. 

By the death of this lord James difcended to the lord Wittm his eldeft fon, 
The manor of Berkeley burrowe 
The manor of Hame 
The manor of Appleridge 
The manor of Alkington 
The manor of Hinton 
The manor of Hurft 
The manor of Slimbridge 
The manor of Came 
The manor of Daglingworth 
The manor of Upton S5 Leonards 
The hundred of Berkeley | 

555 The manor of Portbury and Portefhead, with the hundred of Port- 

bury, in the County of Somerfet. 
pat:s. E.4.par8.i. And certaine lands in the County of Hereford, as his pardon for 

intrufion fhewes. 



m : 33. 



In the County of 
Glouc. 



All the refidue of his antient patrimony were othe[r]wife fcattered and entred 
upon, as his life in part hath declared, And now further follows to bee fpoken of in 
the life of the lord William, his eldeft; fon. 

€t)e ap^ticatton anti u0e of ifi^ life. 

Theufe I. CfjC power and malice of the adverfaries of this lord James kept him for 

the moft part within doors like a prifoner, from youth to age, as his life hath 
declared : That malice God tumes to the fafety and prefervation not only of him- 
felf but of his pofterity alfo ; freed thereby from adluall fidinge with either of the 
two royall houfes of Yorke and Lancafter, all this lords time by the eares for the 
Crown : wherein noe other family of like eminency to this is found that deeply 
fufiered not in the alternate fortunes of thofe two houfes, ^through the various 
fucceffes of their Armes : Soe the more oppreffed, the more preferved ; the more 

deje<5led 



1463 Hifc of ^lanifjsf rtjc f icieft 97 

dejefted, the more bleffed was this lord, and in him, his pofterity : A ftrong con- 

fideration, raifing his difcendants to joyne in Chore with the angell and that 

multitude of heavenly foldiers with him, in that celeftiall himme of alleluiah 

recorded by S? Luke. Glory bee to God on high . &c. who in his bleffed provi- Luke. 2. vers: 13. 

dence turned the evill of this lords reftraint, wrought by malice and greatnefs, to ^'*' 

the prefervation of himfelf and his pofterity, as farr as humane wifdome may divine : 

whereby hee and his in their fucceffive generations are invited to double and | treble 557 

the remembrance and acknowledgment of that benefit and prefervation : A prefer- 

vacon which the able and adlive fons of this lord make more remarkable, not 

otherwife then by this reftraint to have been reftrained from diverfly pertaking in 

unnaturall Armes with either of thofe two houfes, to the mutuall unfheathing of 

their fwords againft one the other, as the fequell fhewes their feverall affedlions 

would have driven them ; And as often and againe happened amongft brothers and 

parents in thofe inteftine warres, which divided not the kingdome alone and 

Counties, but Cities alfo and private familyes. 

2. 3llntl againe let the example of this lord, (Then whom, non illo melior 
quifquam, nee amantior aequi, none more juft in words and deeds in all his genera- 
tions,) affure his pofterity. That howfoever through the power of time they may 
wrongfully fuffer for a feafon, as this lord longe did, yet God the juft rewarder of 
every man according to his works will in due time give deliverance, as hee did to 
him ; And that godlynefs of life hath the promife both of good things in this life, 
and of better in the life to come, from the mouth of him that lyeth not : And there- 
fore let this lords pofterity allways invert themfelves with a prudent patience, as 
with an individuall companion, and Counfellor, which ever atcheiveth that fair 
vidlory whereat honeft ends are levelled. 

• 

558 ) 

559 > blank 
560) 



O VOL. II 



®()e Cife of tDiUiam iHarquts fierkckg 

€^1)0 life of Wittm lord Berkeley the firfl of that name, 
filled in writings, Wiltm Berkeley knight ; Slnti Wittm 
Berkeley of Berkeley kn'. ; 3Cnb Wiftm lord Berkeley ; And 
Wittm lord Berkeley vifcount Berkeley ; And Wittm Earle 
Marfhall and of Nottingham. SUnli Wittm Marques Berke- 
ley ; 3llnb after the 4'^ of king Henry the 7'> his ftile was, 
Wiiim Marques Berkeley, Earle Marfhall and of Notting- 
ham, great Marfhall of England, vifcount Berkeley, lord 
of Berkeley, lord of Mowbray, and Segrave, and Baron of 
Bedford ; with thefe and the like words in Indentures and 
dedications fet before his ftile ; As, Between the . &c. or, 
Co the right high mighty and noble lord, Wittm Marques 
Berkeley, Earle . &c, as before. 
%vSi may bee called Wittm the waft all. 
Contemporarp, with Edward the fourth, Edward the fifth, 
Richard the third, and Henry the . y'.*" from . 1463 . till . 149K 
^[fft life of this lord I doe prefent under thefe twelve titles, 
vizi 

I. — J^iitf birth and education, fol : 562. 

2. — Jl^ijBi acceffe to honor and offices, fol : 563. 

3. — j^i^ lawe fuites with the death of the lord Lifle at Nibley 
greene, fol : 564. 

4. — W^t lands this lord was at one time feized of, fol :[586] 

5. — J^ij6f alyenations and fales of lands, fol : [590] 

6. — ^i0 Almes and devotions, fol : [597] 

7. — J^i^ mifcellaneae or various paffages, fol : [601] 

8. — ^10 wives, fol : [604] 

9. — J^jef feales of Armes, fol : [613] 
lO. — J^ijaE death and place of buriall, fol : [614] 
II. — CIjC lands whereof hee dyed feized, fol : [614] 
12. — CljC Application and ufe of his life, fol : [617] | jj^ijaf 

o 2 



561 



lOO 



€l)e HiDejET of tl^e ^echdepjer 



1463 



562 ' ^i^ birtt) anb education. 

CVllS lord Wiitm, eldeft fon of the lord James and of the lady Ifable his 
wife, was born at Berkeley Caftle in the 4'^ yeare of king Henry the fixth, 
Anna. 1426, And there bred up with his parents, who then had not any 
other removinge houfe. 

Repl: Wittmi in $ll6out the . 13* of his age hee betooke himfelf to the fervice of Henry Bifhop 

Cane. . . 4. ^j. -^jfj^^j^gfj-gj. and Cardinall, with whom at that time in the if^ of Henry the fixth, 

hee went over fea to Calais ; And not longe after his returne, before full age. 

Carta in cafl.ro received the order of knighthood ; At what time his father gave him the manor of 



de Berkeley. 



Philo ^e Jewe de 

legis Alleg: lib. i. 

HipMjcrates. 

Bodyn de 

republica lib. 4. 

cap. 3. 

fee the pra(£lize of 

piety.fol:4i8.4io. 

Cenforiu de die 

natali. cap: 12. 

Seneca : varro in 

Gellius, lib. 3. 

Bucholcer. 

Jerom:inAmos.S. 



Portbury and all his lands in that County of Somerfet for his maintainance ; At the 
death of his father hee was of the age of thirty eight years and unmaryed. 

iC|)tje^ lord Wittm clofeth the fecond feptenary number from Harding the 
Dane ; and much differing from his laft anceftors as the lord Thomas the firft 
feptenary lord did from his fix former forefathers. 

% toill not bee fuperflitioufly opinionated of the mifteries of numbers, though 
it bee of longe flanding amongft many learned men ; neither will I poffitively affirm 
that the number of fix is fatall to weomen, and the numbers of feaven and nine to 
men : 4^t, that thofe numbers have, (as many have written,) magnam in tota rerum 
natura poteftatem, great power in kingdoms and comon wealths, in families, ages of 
bodies, ficknefs, health, wealth, loffe, &c : <0r, with Seneca and others, feptimus 
quifque annus, &c, Each feaventh year is remarkable with men as the fixth is with 
weomen ; <©t, as divines teach. That in the numbers of feaven there is a mifticall 
perfe6lion which our underftanding cannot attaine unto ; Aifd that nature her felf is 
obfervant of this number. 



22>Ut hee that marketh well the difcent of the generations of this perticular 
vide fol: [184] family Ihall find in their feptenary numbers extraordinary men and extraordinary 
changes : The firft, a man of men, the very Salomon of his age, as his life hath 
declared : 



1 49 1 ^ife of 3©iHiam a^arquc^ SBcrMcp loi 

Cfje relation of this lords life, (taking in what hath been already faid of him 563 
in the life of his father,) will raife an opinion, That hee was a caufeleffe re|pudiator i. 
of his firft wife ; 3l!n unaturall contender with his own father ; % fhedder of inno- 2. 3. 
cent bloud in the time of peace ; %n irreconciliable hater of his brother and heire ; 4. 
31 difmheriter of his race and family ; %. confumer of the fower baronies of Berke- 5. 6. 
ley, Mowbray, Segrave and Bedford, and of half the dukedome of Norfolke ; 
311 man above meafure ambitious ; 311 frequent leader of ungratious multitudes in 7. 8. 
night fallyes and inrodes upon his adverfaries tenants and fautors ; Sflltll exalted 9. 
in honor and dignities above all his predeceffors ; Quod nova tefta capit, inveterata 
fapit, vices grafted in the bones, are like to flick faft in the flefh : But, 

Happy his eftate above the fate of Kinges, 

That could but truly know the caufe of things. 
And, 

Right happy doe I count that man. 

Of things, the reafons give that can. 

J^i^ atcc00e to f^tmm^ onb officcjsf. 

3*11 November in the third yeare of kinge Edward the fourth, by the death of 
his father, hee became lord Berkeley as hath been faid ; And at y° parliament in Rot. claus : 6. E. 
the fixth of Edward the fourth was rancked the fourth baron in the roll. 4- in arce londini. 

CtjC 21'}' of Aprill in the 21* yeare of king Edward the fourth, (not the twen- Catalog: of Honor 

tieth yeare as M' Mills faith,) hee was created vifcount Berkeley, by the name of °' ^' 

. . ' .•'■' . cart : de anno 15. 

ndelis miles nofler, to him and the heires males of his body, without fee; Howbeit E. 4. vfqz22. m.fi. 

there is a faire deed under feale in Berkeley Caftle dated the tenth of Aprill in carta in caftro de 

the fifteenth yeare of king Edward the fourth, made by Wittm vifcount and lord Berkeley. 
Berkeley, which as I rejefl not, foe I may not approve it. 

SUnb the 5'^ of March in the 23* yeare, the fame king made him one of his pat: 22. 23. E. 4. 
privy Counfell ; And for his better attendance thereat, gave him one hundred vn rotula 
marks p ann, out of the fubfidyes of London and BriftoU, during life. 

CfjC 28* of June in the firft yeare of king Richard the third, the 6'^ day after 
that kings coronation, hee was created Earle of Nottingham to him and the heires 
males of his body, with the yearly fee of twenty pound out of the Sherifwicks | of 564 
Nottingham and Derby. 

Clje 26'!" of October in the firft yeare of King Henry the feaventh, hee was pat: i. H. 7. ps. 3. 
created Earle Marfhall at the kings pleafure, with twenty pound fee. Cl^ 



I02 €ijc %i\ic0 of t!je 25erftrifpjef . 1463 

(CljC 19*1* of February next after in the fame firfl yeare of Henry the feaventh, 

hee was created Earle Marefchall and great Marefchall of England, to him and the 

heires males of his body, with twenty pound ffee ; And by reafon of a miftake in 

cart 4. H. 7. m. 13. thefe tres patents about the faid fee of twenty pound, (as I take it,) had a new 

call, de Berkeley, grant, the . 17'!* of ffebruary in the fifth of Henry the feaventh, of the fame dignity, 

memor. ScciL CljC 28'!' of January in the 4'^ of Henry the feaventh, hee was created Marques 

^rot 6 exparte Berkeley, to him and the heires males of his body, with thirty five pound ffee out 
rem. regis, of the leffer cuftoms of London. „ 

J^ijaf latde isfuittjef. 

caru in caflro de l^abittgt compounded with his motherinlawe the lady Jone, and thereby drawn 

Berkeley, jnto his own poffeffion all the manners and lands which fhee was to have held in 

Joynture and dower, which was one of his firft and wifeft works after the death of 

his father, (wherein hee found her kind above the comon condition of flepmothers), 

as formerly is declared, His next was the procuringe of a pardon and releafe from 

pat- s E 4 pars. ^'"& Edward the fourth for his intrufion into the Caftle of Berkeley and other his 
I. m : 22. lands difcended unto him after the death of his father, in the Countyes of Glouc, 
Somerfet, and Hereford, and of all debts, Accompts, fynes, forfeitures, amercia- 
ments, and other demaunds, which had any manner of ways before that time 
accrewed to the kinge ; which bearing date the ninth of March in the fifth of that 
king, hath a marginall note in the originall record, (vacat quia aliter in anno quarto,) 
But in that fourth yeare, it is not now to bee found. 

3llnll though a writ of diem claufit extremu was within ten days after his father 

Rot. fin. 3. E. 4. jg^fjjgg death, fued out by him the fifth of December in the third yeare of king 

565 Edward the fourth, directed to the Efcheator of | the County of Glouc, yet noe 

Inquifition was thereupon taken, through the controverfies which forthwith upon 

the lord James death began the ftream afrefh between this lord Wittm and the faid 

Margaret Counteffe of Shroefbury, (two mercileffe natures not unevenly encoun- 

tringe,) which omiffion drave this lord Wittm to the forefaid pardon ; which done, 

and havinge thereby fet his eftate re6lus in curia, hee foone turned himfelf by a 

contrary courfe upon the faid widowe, malitious Margaret Countefs of Shrewfbury, 

whofe mutuall hatreds each to other, ended not before their breaths : Againfl whom 

vetus manufcr. in hee exhibited a petition to king Edward the fourth by the name of his Alder liege- 

caOro de Berkel : j^^^j^ Shewing therein, how that hee, (this L"! Wittm,) ought by right to have and 

inherite the manors of Wotton, Symondfall, Cowley, Newleyes and Sagiflond ; 

And 



I49I 



Eife of JDifliam a^acquciS 2S»crfedep 



103 



vetus manufcr: in 
caflro de Berkeley. 



And how that the late Earle of Shroefbuty and the Lord Lifle his fon, (fince dead,) 
and the faid Margaret his Countes, tooke his father, his brethren, and himfelf by 
their pradlice with one Rice their fervant and porter, in their Caftle in the night 
time, and there imprifoned them in places apart. And conflrained them to feale 
writings and acknowledge Statutes to fifteen thoufand pounds and more ; And alfo 
tooke and imprifoned the wife of the faid James in Gloucefter Caftle, to which time 
fliee by Dures of imprifonment there dyed : (then follow divers lines worne out with 
wet,) And therefore beinge not to bee helped by the ftriftnes of the laws, prayeth 
that his Judges and other learned of the lond by his authority may call the faid 
Countes, and heare & determine their interefts and rights ; And hee will bee ready 
to ftand to and abide their order therein ; Thus that old writinge. 

3It may feeme, that the king referred over the confideration of this petition to 
the lord Chancellor, to whom the faid Counteffe (upon notice) addreffeth herfelf by 
her counterpetition ; And by way of recrimination greevoufly complaineth of the 
great and manifold wrongs offered to her and her tenants of Wotton, Symondfall, 
and other lands by this lord Witim, who (faith fliee) without any title or caufe of 
right, with many riotous people, brake into her manor houfe of Wotton, fawed the 
great window timber and pofts afunder, razed the walls, iron works and windows, 
carrying away the barrs and goods of her hufband and felf and her fon to a great 
value ; for fattisfaftion whereof Statutes were given which yet in fubftance are un- 
paid : for which forcible entry an adlion upon the ftatute of Richard the fecond was 
brought, and a recovery therein had ; but the faid Wittm lord Berkeley, neither 
dreading God, the kinge, | the breach of his lawes, nor the wrongs nor oppreffions 
of the kings leige people and fubjedls, dayly vexeth and troubleth her, in forbidding 
her rents, woodfales, and other profits of the faid manors, and menaceth her officers, 
fervants, and tenants, that they dare not imploy themfelves in her fervice ; Soe that 
Ihee can neither have her debt of him, nor enjoy her lawfull old inheritance, And 
therein prayeth releefe : 

t^CtetO this lord Wiltm maketh a kind of remonftrance, fhewing y! his father vetus manufcr. m 
, . . , caflro de Berk, 

and mother, himfelf, and his brethren, have fuffered as great injuryes and oppreffions 

at the hands of the faid Counteffe, as ever did any of their worfhip, or leffe, within 

the Real me. 

25ltt this lord Wittm upon a fecond deliberacon, to draw thefe troubles into a Bill in Cane. 6. 
readier way for tryall, exhibiteth his bill of complaint into the Chancery, the fixth gxempl. 
yeare of the faid king Edward the fourth ; And fheweth, C{)at fhortly after the 

death 



566 



I04 



Ctjc 3ti\jci6f of tiit fJDcchclcpjB! 



1463 



567 



death of the lord James his father, the faid CountefTe of her evlll difpofition damn- 
ably imagining and purpofing the utter deftru6lion of him, and his perpetuall 
difmherifon, where hee intended to have ridden from London to have feen his 
livelyhood, and to have communed with fuch as had eftate in his faid manors 
and lands afore that time, the faid Countefs havinge knowledge of his intent of 
departing, intreated and hired one called Chamberlen, being a fanfluary man at 
Weftminfter, to have accompanyed himfelfe flrongly and to have murdered him the 
faid Wittm by the way ; The which adl the faid Chamberlen enterprifed and tooke 
upon him to doe ; And after, that the faid matter was difclofed to a well difpofed 
man called Ml Thomas Oldbury, And hee perceiving the faid great mifcheife and 
murther like to fall, flirred and moved the faid Chamberlen to give warning to him 
the faid Wittm, And foe hee did ; And afterwards the faid Chamberlen brought 
certaine fervants of his the faid Williams into a fecret place to heare a fervant of 
the faid Counteffe, which exorted and ftirred the faid Chamberlen to perform and 
fullfill the intent of all the murder aforefaid, as it fhall bee evidently proved ; And 
fmce that time the faid Counteffe hath divers times moved and flirred and fent 
writings to one Thomas Holt that had the keepinge of his Caftle of Berkeley, as 
fervant to him. That hee fhould keep the faid Caftle to the behoofe of her the faid 
Counteffe, And | that hee fhould keep out of the faid Caftle him the faid Wittm, to 
his utter difherifon and finall deftruftion ; which writing is, and at all times ftiall 
bee ready to bee fhewed ; And foe the faid Counteffe both keepeth away the live- 
lode of him the faid Wittm, and continually laboreth to have his body and lands in 
execution, to the utter deftru6lion of his perfon, livelode, and goods. Thus the bill. 



Anfwer in Cane. 

6. E. 4. in turre 

londinenfi. 



'Co this bill the faid Counteffe anfwereth ; Cfjflt where the faid Wittm lord 
Berkeley of his fmfull and feditious imagination, intendinge to eftrange her from 
the lord Chancellors grace and right wife favor, untruly and damnably accufeth her 
of that fhee Ihould have intreated and hired one Chamberlen a fan6luary man of 
Weftminfter to have murdered him in his going home into his Country, which had 
been too abhominable for a chriftian creature to have done, whereof as God knoweth, 
fhee was never guilty in deed nor thought ; And that fhee is, and allways fhall bee 
ready to prove and declare her felf off, as can be thought moft convenient and 
behoofefull to bee done ; And befeecheth that there may bee fuch order and 
diredlion fet and taken in this matter for the punition of the untruth therupon, 
That the faid Wittm and other of fuch damnable difpofition may have caufe of 
dread to accufe any of the eftates of this Realme wrongfully of foe great a crime, 
and according to a Statute in that cafe provided : And as touching the fanftuary 

man, 



149 1 ^ift of l©illiam a^arqucjef 25crftdcp > 105 

man, that hee fhould have enterprized that foule deed, It was foe that the faid 
Wiftm Berkeley for fuch confideracons as moved him, tooke the fandluary of 
Weftminfler, And that fan6luary man perceived a fervant of her the faid Countefs 
hearing maffe in Weftminfler church, and came to him and told him. That S'' Wittm 
Berkeley had taken fandluary there ; And hee afked the faid Countefs fervant 
whether the faid Wittm Berkeley were through with the faid Countefs for fuch 
bonds as it was faid fhee had of him ; And the faid Counteffe fervant faid, nay. 
Then faid Chamberlen, That if fhee had any fuites againft him, for a reward hee 
would find the way how an officer fhould meet with him and arreft him ; And 
thereupon there was divers writs of capias vtlagatum diredled to feverall Sherifes 
upon divers outlayries pronounced againft the faid Wittm, which yet ftandeth in 
their forces, and an officer of the kings purveyed to have executed it, if | hee might 558 
have been met without the fan6luary, which the fandluary man enterprized to bring 
about ; And other matter or defire then this was there never any with that fandluary 
man by her the faid Counteffe, nor any of her fervants by her commandment : And 
for the more proof of the fame, the faid Wittm Berkeley the 4'^ yeare of the kings 
raigne, raifed fuch a foule flanderous fame againft the faid Counteffe of the fame 
matter, which came to the Abbot of Weftminfter his eare ; And the Abbot fent 
for the faid Chamberlen, and called to him his Archdeacon and other perfons, and 
examined the faid Chamberlen of his demeaninge in that behalfe ; And upon his 
own confeffion, for foe much as fuch a heinous noife of an intended mifchiefe was 
made and had without caufe, as hee confeffed himfelf and by his affent, the Abbot 
decreed him to bee had to an open place in the fandluary of puniftiment and reproofe, 
And made him to bee arayed in papires painted with fignes of untroth, fedition, and 
doubleneffe. And was made to goe before the proceffion in that aray, and afterwards 
foe fet in the ftocks, that the people might behold him : SUltJJ whereas the faid Wittm 
Berkeley complaineth him of that. That the faid Counteffe ftiould have moved, 
ftirred, and fent writings to one Thomas Holt that had the keeping of the faid 
Caftle of Berkeley, That hee fliould keep the faid Caftle to the behoofe of her the 
faid Counteffe, The fame Counteffe faith, That ftaee was feized of the fame Caftle 
in her demefne as of ffee till ftiee was diffeifed by the forefaid James lord Berkeley, 
this Wittm, and his brethren ; And afterwards fhee wrote and defired the faid 
Thomas Holt to have delivered her the faid Caftle, or to have kept it to her ufe, 
according to her right and title, as lawfull was for her : Thus fhee. 

Co tIjijS anfwer of the Counteffe this lord Wittm replyed, maintaining his bill 
to bee true ; 31lnb the Counteffe rejoyned, maintaining her anfwer, whereby they 

defcended 

P VOL. II 



io6 



€t|c UitCjSf of tl)c ^ctMc^^ 



1463 



569 

Efcaet 7. K 4. 
n« 20. 



carta. 15: Nov. 6. 

E. 4. in caftro de 

Berkel : 



Efcha : in turre 

lond : 7. £. 4. 

n? 20. 

Comp. efcaetor. 

15. E. 4. rot 9. 

in fc»cio. 

memor : fc*cij. 

Mich. I. E. 4. 

rot. 25. ex pte 

rem : thes. 

Rot. cur : de 

Wotton 7. E. 4. in 

■cailrode Berkeley. 



defcended to iflue ; but before any witnefles were examined on either part, or any 
further proceeding thereupon had, (for any thing I have found,) the faid Counteffe 
dyed, the 14'.'' of June next in the feaventh | yeare of the faid king Edward the 
fourth, Anno. 1468, as formerly in the Hfe of Thomas the fourth her grandfather, 
is declared : And by her death left to Thomas Talbot vifcount Lifle her grandchild 
and heir, the manors of Wotton, Symondfall, the burrowe of Wotton, the moytie of 
the manor of Erlingham, and divers meffuages, lands. Tenements, and fifhings in 
Erlingham, Cromhall, Alkington, Hurfl;, Durfley, Nibley, Sherneclifife, Kingfcote, 
and of the fixth part of the manor of A6lon Ilger, and Iron Adlon, and of divers 
lands in Horwood, Morecote, and Glouc, the manor of Wike by Arlingham, Sagef- 
place and Sageflond in Slimbridge, the hundred of Wotton late called the hundred 
of Berkeley, and the Advowfon of the Church of Wotton in the County of Glouc. ; 
Co all which this lord Wittm pretended title ; And which by a petition made the 
fifteenth of November before the Counteffe death between herfelfe and the Dutches 
Eleanor and the lady Elizabeth, her fifters, were alotted to her in feveralty in lieu 
of other lands thereby alotted to her other fifters ; To fome alfo whereof, (as the 
manor of Cowley and the manor of Portefhened allotted to the faid Dutcheffe 
and alfo to Limeridge wood in Portbury allotted to the faid Elizabeth,) this lord 
Wittm alfo pretended title : %vSi alfo by her death difcended to her faid grandchild, 
the manor of Sages in the parifh of Slimbridge, and the advowfons of the Chantries 
of S' Giles in Hillefly, and of S! John baptift in Wortly by Wotton, (mentioned in 
the offices found after the deaths of the faid Countefs and dutches the fame yeare,) 
whereto likewife this lord Witfm pretended title ; The faid Vifcount Lifle, then 
being of the age of nineteen years and upwards and maryed to Margaret daughter 
of William Herbert Earle of Penbroke, then refidinge at Wotton. 



fine 7. E. 4. in 

banc. 

pat. 7. E. 4. pars. 

2. m : 3. 5. 



pat. dat : 6 Julij 
I. E. 4. 

Mich : rec : i. E. 

4. in fc»cio cum 

rem. regis rot. 25. 



3llntl thus in this yeare, (which was of jubile to this lord,) death rid him of 
three great lady widowes his great adverfaries, the faid Countefs Margaret, 
Dutches Alienor, and viconteffe Jone late wife of John vifcount Lide ; And the 
26'!' of Oilober the fame year were all the manors and lands of the faid Countefs 
Margaret and vLfconteffe Jone comitted by the king to the faid Earle of Penbroke, 
during the minority of the faid Thomas Talbot vifcount Lifle, his fon in lawe. 

tB^&t angry charge or motherly command the faid Countefs Margaret left to 
her ward and grandchild Thomas Vifcount Lifle, for purfute | of thefe titles againft 
her enemy this lord Wittm, charity forbiddeth mee to conjecture ; Sure I am fhee 
left in him an high fpirit, foftered by malignant attendants mortally hatinge this 

lord 



I49I 



Hife of JBiHiam a^arqitcisf SBcrfericp 



107 



lord Wittm, who forthwith fell into the plotts of the faid Counteffe ; And havinge 

their maine Ayme (as hers was) to get from him this Caftle of Berkeley, which hee 

now kept as his fan6luary and fubterfuge from detts utlagaryes Statutes and the 

like ; And which if they had effe6led, by all probability hee had been ruined ; They 

fell in pracflife againe with the faid Thomas Holt, then alfo his keeper of Whitcliffe 

parke, whom they corrupted, and with Maurice King porter of his Caftle gates : 

Cf)C method of which trecherous plott and treaty the tres bonds and patents that cart et muniment 

paffed between them and Robert Veell the vifcounts Ingineer, which to this day ggj^gigy 

remaine in Berkeley Caftle, fhall fpeake themfelves in their own language. 



a^ailriCf Kinge, I grete you well and hartely pray you as you will your one Thomas Holt to 
wellfare, and as I may (hewe you fuch true and faithfull good will and kindnefs as Maurice Kinge. 
of old time hath bene and continued between us, according to our oathes and 
enfurance, the which I have in mind and ever fhall have ; and fpetially for the 
great truth and faithfull love that I found in you at the appointment between the 
lord Berkeley that now is, and us ; and by the token that when M^ Thomas had ^ chaplein 
gave up the matter and failed us. That ye and I yede into the Chappie out of the 
great chamber, And there I found you true, as you ever have bene hyderto ; And 
by the token that wee lay togeder at Micheldene in one bed, and comuned there of 
fuch purpofes as now is brought to the poynt, which will not faile, foe God bee 
pleafed, wherein I fuppofe you know my old dealing ; wherefore by the tokens 
afore rehearfed, I heartely pray you for all the lovis that hath been between us, and 
as you will your own wele, That ye wele geve very faythfull credence unto M' 
Robert Vele, which ye know for a worhipfull gentleman and never non hafter, but 
his worftiip is known nie you, and me: And fuch affurance my lord and I have vifc:lifle. 
taken about the matter, that of my life ye may truft thereto, wherein alfo I will that 
ye take the fame furete of him, and care that your comunication bee fecret between 
ye. And upon both your comunication y' ye do agree well togeder what night ye 
may in hafty time fpeke with mee, which fhall be to your perpetuall weal, And thus 
I leave you w* goddis grace. 

By your fworn brother in the Parke of Whitcliffe in the out houfe 
without the logge. Thomas Holt. | 



Sl^p moft trufty and welbeloved frend, I grete ye wele, praying ye hartely 
That ye will remember the matter that ye and I comoned of laft ; And for your 
matter, it is fpede, your patent is fpede of five markes and Wotton parke, with all 
that belongeth theirto, and your obligacon alfo, and all other that ye underftand 
that can prevaile you to grant them ; fee by patent, terme of life. 

p 2 ^otoe 



571 

The fame Holt to. 
the fame Kinge. 



108 



€I)c %i\it0 of tlje 25crhricpiS 



1463 



l^otoc take the obligacon and condicon. 
Vele to Kinge. j|^o\>'int Vnivfi p prefentes me Robertm Vele teneri et firmiter obligari Mauricio 
Kinge in centum libris fterlingorm legalis monete Anglie, Solvend eidem Mauric 
Kinge heredibus aut aflignat fuis in fefto purificacois beate Marie virgin proxim^ 
future poll datm p'fentiu, Ad qua quidem folucoem bene et fideliter faciend oblige 
me heredes et executor meos per prefentes, In cujus rei teftimoniu huic p'^fenti 
fcripto figillum meu appofui, dat . 26'? die Januar Anno regni Regis Edwardi quarti, 
Nono. 



lord lifle his pat 
to Kinge 



The Condition of this obligation is fuch, That if the Caftle of Berkeley bee 
brought into the hands of Thomas Talbot lord Lifle by the faithfull help guyding 
and means of the faid Maurice Kinge, And thereupon, That y* faid Maurice have 
his fufficient patent delivered him under the feale of Armes of the faid lord Lifle, 
of the park of Wotton with the fees and wages of the keeping of the fame of old 
time due and accufl;omed ; And moreover by the fame patent have five marks 
antiuite duringe his life to bee had and received yearly of the lordfliip and revenues 
of Wotton ; That then this obligation to bee void, or els it doe fland in his full 
ftrength and vertue. 

'Co&e also the patent. 

<0nitUbUje( xpi fidelibus ad quos p'fens fcriptm pervenerit, Thomas Talbot 
vicecomes Lifle, falutem in dno ; Sciatis me p'fatm vie Lifle in fidelitate diledli 
mihi Mauricii Kinge plene confidentem, pro bono et gratuitu fervicio fuo mihi et 
hered meis impendend, conceffiffe eide Mauricio officium cufl;odis parci mei de 
Wotton fubtus Egge in Coin Glouc, ac ferarii ibm exifl;efi, et ipsm cufliodem eo^dem 
ordino et per pfentes conftituo : Habend et occupand et exercend officii! ^dict pro 
term vite fue, Capiend pro officio pdict exercend anuatim feoda et vadia eide officio 
572 ^^ antiquo debita et confueta ; Ac | etiam fciatis me pfat vie conceffiffe eidem 
Mauricio Kinge quenda anuale redditm quinque marca^ exeunt de et in oibus terris 
et teiitis meis in Wotton fub Egge in Coin Glouc ; Habend et percipiend redditm 
pdict anuatim ^fato Mauricio ad term vite fue : In cuius rei tefl;imoniu ^fentibus 
Sigiltm meu appofui, dat 26'? die Januarij Anno regni Regis Edwardi quarti poll 
conquestm Anglie, Nono. 



carta cumWiftmo CI)itjE( Robert Vele at this time was owner of Tortworth Charfeild and Hunting- 

Thrograorton ^ ^^ which lafl: hee held of the vifconts faid manor of Wotton by knights fervice ; 
baronett ' . jo 

whofe well contriving of this plott foe highly pleafed the faid vifcount. That by his 

other 



1 49 1 ttifc of l©iUiam a^arquc^ ^etMep 109 

other deed under his feale of Armes of the fame date, hee gave to Wiftm Vele his 
fecond brother, (or rather to him the faid Robert in his brothers name,) the office 
of Stewardfhip of his manor of Wotton, and the office of keeperfhip of his chace of 
Michaelwood, with the yearly fee of — 13^ 6f, 8** — for exercife thereof, to bee iffuinge 
out of his manor of Wotton, payable at the feafts of Efler and of S! Michaell by 
equall portions : |]^f)tc{) manor and chafe are adjoyning to the other lands of the 
faid Roberts. 

Cl)i9f plot thus contrived and brought to ripenes was foon after revealed to 
this lord Wittm, And, as I take it, by Maurice Kinge himfelfe, whereby in all 
probability the ruin of the perfon of this lord W? was prevented ; And how deeply 
the blowe had alfo pearced into the pofterity of this family, I take noe comfort to 
confider. 

Cf)C vifcount Lifle underftanding by the flight of Holt and his repair to him 
how the plot was difcovered, And the former writings under the feales of Armes of 
himfelf and Robert Vele come to the poffeffion of his enemy the lord Wiftm, hee 
then begins to unmafk himfelfe, & openly to adl his ill cogitations, whereby may 
bee read the former purpofes of himfelf and his Counfell ; !3lliil) let the frute of the 
tre of challenge which from Wotton hee writes to this lord Wittm tell us the 
nature of the tree ; C|)U|e(, 

iDilUam called lord Berkeley, I marveill ye come not forth with all your Carts 

of g^nnes, bowes, with oder ordinance, that ye fet forward to come to my manor of 

Wotton to bete it down upon my head : | I let you wit, ye fhall not nede to come 573 

foe nye ; for I truft to God to mete you nere home with Englifh men of my one 

nation and neighbors, whereas ye by futtle craft have blowin about in divers places 

of England, That I fhould intend to bring in Welflimen for to deflroy and hurt my 

one nation and Cuntry ; I lete the wit, I was never foe difpofed, nere never will 

bee ; And to the proof hereof, I require thee of knighthood and of manhood to 

appoynt a day to meet me half way, there to try between God and our two hands, 

all our quarrell and title of right, for to efchew the fhedding of Chriflian menns 

bloud, or els at the fame day bringe the uttermoft of thy power, and I fhall mete 

thee ; An anfwere of this by writinge, as ye will abide by, according to the honor 

and order of knighthood. 

Thomas Talbot the Vifcont Lifle. 

d^t^ tre was fent the nineteenth day of March in the tenth year of king Efcha: pofl mort. 
Edward the fourth, Anno: 1469, about feaven weeks after the former plot was 7. e 4. 

contrived ; rot. fin. 9. E. 4. 



no 



€t)c Hibcjef of tljc 25crhclcpief 



1463 



Inq : poll mort 

Tho: Talbot: 10. 

E. 4. in Com : 

GloucelV 

pat 9. £. 4. ps. I. 

m. I. 

fin: 10. E.4. tn:vlt 

vetus extent terrar* 

in cafl.ro de 

Berkeley. 



contrived ; The faid vifcont then fomewhat under the age of twenty two yeares, 
having fued his Hvery but the 14* of July before, whofe lands then valued 1873 • 
marks twelve fhillings and three pence in old rent : And the lady Margaret his 
wife then priviment enfent with her firft child. 

^10 lord Wittm receiving this tre at Berkeley Caftle, the fame day returneth 
this anfwer. 



'CtloniajS? Talbot, otherwife called vifcont Lifle, not longe continued in that 
name but a new found thing brought out of Strange Contryes : I marveill greatly 
of thy ftrange and lewd writinge, made I fuppofe by thy falfe untrue Counfell that 
thou haft with thee, Hugh Mull, and Holt: As for Hugh Mull it is not unknown 
to all the worfliipfull men of this Relme, how hee is attaynt of falfenes and rafmge 
of the kings records ; And as for the falfe mifchevous Holt, what his rule hath be 
to the deflru6lion of the kings lege pepuU in my lordfhip of Berkeley, afwell to the 
hurt of their bodyes, as the loffe of their goods, againft Goddys lawe, confciens, and 
all reafon, it is openly known, Soe that every worfhipfull man fhould refufe to have 
them in his fellowfhip ; And alfo of his own free will undefired of mee, before 
worfhipfull and fufficient witnes,^ was fworn on a maffe booke. That hee never 
574 fhould bee a | gainfl mee in noe matter that I had a doe, and efpetially in that 
untrue title that ye clayme, which ye hold my lyvelode with wronge ; 5Cnt> where 
thou requireft mee of knighthood That I fhould appoynt a day and mete thee in 
the myd way between my manor of Wotton and my Caftle of Berkeley, there to 
try betwyxt God and our two hands all our quarrell and title of right, for to efchewe 
the fchedding of Chriften mens bloud, or els the fame day to bring the uttermoft of 
my power, and thou would mete me: %^ for the determining betwixt our two hands 
of thy untrue clayme, and my title and right of my land and inheritance, thou 
wotteft right well there is noe fuch determinacon of land in this Relme ufed. And 
I afcertaine thee That my livelode, afwell my manor of Wotton as my Caftle of 
Berkeley, be entayled to mee by fine of record in the kings Courts by the advice of 
all the Judges of this lond in that dayes being ; And if it were foe That this matter 
might bee determined by thy bonds and myne, the king our Soveraigne lord and his 
laws not offended, thou fhouldft not fo longe defire but I would affoone anfwere 
thee, in every poynt that belongeth to a knight : for thou art, God I take to record, 
in a falfe quarrell, and I in a true defence and title : 3liitll where thou defireft and 
requireft mee of knighthood and of manhood to appoynt a day. And that I fhould 
bee there with all the power that I could make, and that thou would mete mee 

half 



1 49 1 3lifc of iOiniam a^acqucjaf S^crhelcp m 

half way, I will thou underfland, I will not bring the tenth part that I can make, 
And I will appoint a fhort day to eafe thy malitious hart and thy falfe Counfell 
that is with thee : faile not to morrow to be at Niblyes green at eight or nyne of 
the clock, And I will not faile with Gods might and grace to meete th«e at the fame 
place, the which flandeth in the borders of the livelode that thou keepeft untruly 
from me, redy to anfwere thee in all things. That I truft to God it fhall be fhewed 
on thee and thine to thy great fhame and difworfhipp : 31lntl remember, thy felf and 
thy falfe Counfell have refufed to abide the rule of the grete lordis of this lond, 
which by my will fhould have determyned this matter by thy evidences and mine, 
And therefore I vouch God to record and all the company of heaven, That this 
fa6l and the fcheddinge of Chriften mens bloud which fhall be atwixt us two and 
our fellowfhipps, if any hap to bee, doth grow of thy quaryll, and not of mee, but 
in my defence, and in efchewing of reproche, and onely through thy malitious and 
mifchevoufe purpofe | and of thy falfe Counfell, and of thy owji limple difcretion ; 575 
And keepe thy day, And the trouth fhall be fhewed by the marcy of God. 

IBiWiam lorb of 25crfericp. 

CI)C day and place is kept by both parties. The battle is flroke, and the lord 
vifcount Lifle is flaine with fome others of his fellowfhipp.^ 

5llt this time both before and after the State was in much combuflion, for upon Rot. fine: lo. E.4. 
the 13'!' of this March, feaven days before this fkirmifh, the king declared by his marciiin loCoffi. 
proclamation in all fhires his vidlory againfl the rebells in Lincolne Shire and their claus: 10. K 4. 
Captaine S'. Robert Wells : 3llnD the 21* of Mar: (the next day after this lord Lifles ^°'*'- 
death,) the king proclaimes his brother the Duke of Clarence and Richard Nevill 
Earle of Warrwicke, then in Arms in Lancafhire, to bee Traytors and Rebells, 
with the reafons leading him therunto ; whereby that trobled time was foe farr 
from takeing notice of this ryot. That the 26'.'' of that month the king fent his P^^' \°'f" ■*' ™" 
Comiffion to this lord Wittm to find out fuch rebells as had been againft him in ^laus- 11 E. 4. 
this County of Glouc : 3llnll at Efler in the 1 1* of his raigne was the battle of m. vlt : 
Barnet, with the death of the faid Richard Nevill Earle of Warrwicke ; And the 
27* of Aprill proclamations as before of treafon againfl the wife of Henry the fixth 
and prince Edward her fon ; Soe noe time to take notice of thefe Nibley tumults. 

3Eltfl in the 13'?' of this kinge was this lord Wiftm fpetially imployed w'!* pat; 13. E. 4. pars 
Anthony Earle Ryvers, for the difcovery of Traytors and their goods in the 
Counties of Gloucefler, Worcefler, and others. Hf^atQattt 

^ An interefting account of the great Berkeley Law Suit and of this battle, by Mr. J. H. Cooke, is 
given in the Tranfanions of the Brijlol and GlouceJUrJhire Archaol. Society, Vol. III., p. 305. — [En.] 



2. In dorfo. 



112 



Clic HitCiet of tfyt 23crftdcpjBf 



1463 



576 



Trin: term: 11. E. St^arffflrct the widowe of the faid vifcount daughter of the Earle of Penbroke, 

■ for the death of her hufband, bringeth her appeale againfl this lord, by the name of 
WilHam Berkeley of Berkeley knight, Maurice Berkley and Thomas Berkeley his 
brethren, James Hiet Efqf, John Beley, Richard Hilp, and others ; %nti after as 
many delays ufed by the defendants as might bee invented, And after a certificat 
enforced out of the Exchequer, That fuch a liberty as Barkeley hundred was with 
return of writs, (the Sherrives of the County in their returnes of the proces favour- 
ing the delayes,) The faid Margaret, in Efter terme in the 12'!' year of Edward the 
fourth, declared againft the faid Beley, (who only appeared as principall,) That hee 
of malice prepenfed the Twentieth day of March in the Tenth yeare of the faid 
kinge, at Nibley at ten of the clock in the forenoone, felonioufly | with the faid Sr 
Wittm Berkeley, Maurice and Thomas his brothers, James Hiet, Richard Hilp and 
others, ftroke her faid huflsand with an arrowe on the leaft part of his face to the 
braine, And after with a dagger thruft him into the leaft fide ; &c. Beley demands 
judgment upon the originall writ, becaufe there was (faith hee) never any fuch man 
as Richard Hilp, therein named, (an other delay,) %n^ to the fa6l pleadeth not 
guilty. Shee purfueth the reft of the defendants by proces untill the 6'^ day of 
06lober in the twelvth of the fame kinge, when the parliament beginneth at Weft- 
minfter, whereat upon the joynt petition of this lord W" and of lone his wife, and 
of the faid Margaret vifcounteffe Lifle, it was ena6led, That for the appeafing divers 
and many great variances and other exorbitant caufes and quarrells between them 
moved and of longe time continued. That the faid lord Berkeley and his wife and 
carta exempl : in the heires of the faid lord fhould quietly enjoy the manor and burrowe of Wotton 

caarode Berkeley. Vnderedge, and the manors of Simondfall and Arlingham, againft the faid vif- 
counteffe, paying to her one hundred pounds yearly at S' Peters Church at 
Gloucefter at the fower ufuall feafts in the yeare, of cquall portions, with a claufe 
of diftreffe in the faid manors, and a nomine penae of five pound for non payment 
after fourty dayes ; And a re-entry and holding for her life without impeachment of 
waft for non payment after a yeare and three monthes : Savinge to every other 
perfon their eftate title and intereft in the faid manors ; And with a provifoe, that 
this A61 ftiould not bee prejuditiall to the faid lord Wittm and his wife nor to the 
heires of the faid lord, for their right title and intereft in and to the faid manors. 



Rot parliam : 12. 
E. 4. m : 26. 



pat: 12. E. 4. pars. 

I. m: 21. 

carta in callro de 

Berkeley, fub 

figillo dat. I. 

Marcij. 1 1. E. 4. 



3lntl the firft and 16* of March in the faid ii* yeare, for the fyne of fourty 
fhillings, this lord Wittm had a confirmacbn of all his old ctires of Berkeley and 
Bedminfter granted to his Anceftors by Henry the fecond, Richard the firft, kinge 
John, and by Edward the third, upon oath made in Chancery that the fame were 
cafually loft, as by the roll and parchment is fuggefted. J§>I)ortI{i 



I49I 



Hife of IBifliam a^atquc^ef 2£>a:feclep 



113 



;&t)0rtlp after peace thus eftablifhed between this lord Wittm and vifconteffe 
Lifle, fhee maryed Henry Bodrugan of Bodrugan in Cornwall Efq^, whofe acquit- 
ances fhew the receipt of this hundred pounds many years after : In readinge 
whereof I have obferved, That fhee allways wrote her name before her hufbands, 
And hee onely wrote, Bodrugan, without his Chriflian name ; IBI)at bad and good 
conditions were in him let the | parliament rolls in the I4'^ of Edward the fourth, 
and other records here marginally vouched declare.^ 

ffbt further manifeftation of the day of battle and manner of the death of the 
faid vifcount Lifle, are the writs into ten Counties to enquire after his death, dated 
the Twentieth day of March in the Tenth of Edward the fourth. And an office in 
the County of Stafford the fame yeare. And another under the great feale in the 
County of Glouc : (whereof the originall is perifhed,) at Berkeley Caflle ; And 
the kings licence dated at Banbury the fixth of Aprill in the Tenth of Edward the 
fourth, to Elizabeth and Margaret his fiflers and heirs to enter into the manors and 
lands that were the faid vifconts their brothers : Before which time, (being but 
fixteen days after their brothers death,) their fifter in lawe the vifcounteffe feemes 
to have been delivered of her child, whom (perhaps) forrow for the untimely death 
of her hufband, (lamenting like a virgin girded in fackcloth for the hufband of her 
youth, as the prophet loell hath,) cafl into an abortive travell : And the more 
probable becaufe the fame day, perhaps the fame hour, of this vidlory, this lord 
Wiftm with his riotous company advanced forwards to Wotton, where fhee then 
was, rifled her houfe. And thence, (amongft other pillages,) brought away to Berke- 
ley Caflile many of the Deeds and evidences of the faid Vifcounts own undoubted 
lands, many of which remaine there to this day ; Togeather with a peece of Arras, 
wherein the Armes of the Vifcount and of the lady Jone his mother, daughter and 
coheire of S' Thomas Chedder, were wrought, which twenty years agone I there 
alfo fawe. 

fll^anp fleps not yet worn out poynt unto this family how fl:rongly the faid 
vifcounteffe and other her frends, with the kindred of her hufb^, purfued this lord 
Wittm Maurice and Thomas his brethren for the death of the vifcount her hufband ; 
infomuch as to acquit Phillip Mead, (whofe daughter the faid Maurice Berkeley had 
maryed, as after followeth in the relation of his life,) and of John Shipward, two 
Marchants of Brifloll, The Maior of that City the fecond day of May next after, 

examined 
^ Sir Henry Bodrugan was attainted and convidled of treafon, 9 Nov., 1487. As he efcaped to 
Foreign Countries the date of his death is not known, but it occurred before 1503. The Vifcountefs pre- 
deceafed him. See Hijlory of Trigg Minor, Vol. I., pp. 553, 555. — [Ed.] 



Acq : in caflro de 
Berkeley. 



Rot. pari: 14. E. 4. 
m : I. 20. 26. 

577 

pat. 14. E. 4. ps. 2. 
dorfo. m. 20. et. at. 

pod mort. Tho : 
Talbot 

fin: 10. £.4. m:ult. 
pat. 9. E. 4. ps. I. 
m. I. 

pat. 10. E.4. in:ii. 
orig: in fc»cio code 
anno rot. 16. 
orig: 10. E. 4. rot. 
li.et. i5.infc»cio. 
claus: 10. E. 4. 
m. 7. in dorfo. 



Joell chap : i. 
verfe. 8. 



Q VOL. II 



114 



C^ %i\yc0 of tljc 25crftdcpjat 



1463 



carta in caflro de 
Berkeley. 



comp : Recept. in 
callro de Berkel : 



S79 



examined twenty feaverall pfons upon oath upon fufpition conceived againft them, to 
have fent Armed men in manner of warre to the aid of this lord Wittm Berkeley, 
againft the lord Lifle ; All which Examinates acquit them of that fcandall and 
imputation, faith the faid Maiors teftimoniall, yet extant under the feale of that 
City : Howbeit I have feen other notes | and memorialls of a ftronger dye That 
affure mee That many came both from that City, procured by Maurice and them, 
and out of the forreft of Deane, that morning wherein the fkirmifh was, to the ayd 
of this lord Wittm : And from Thornbury, (of whence the faid Richard Hilp was,) 
and where the faid Maurice Berkeley then dwelt, came both himfelf and all the 
ftrength that xjn foe fhort a fomons hee could make : 3llnb if traditions might bee 
here allowed, I would affure this noble family. That within thirty two yeares laft, by 
reafon of my dwelling at Nibley, and of my often refort to Wotton and to the 
villages adjoyning, I have often heard many old men and weomen in thofe places, 
as Wittm Longe, John Cole, Thomas Phelps, Adrian Jobbins, Thomas Dykes of 
Woodford, Thomas Roberts of Woodford, Wittm Legge of Wike, John Smyth of 
Nibley, mother Birton, mother Purnell, mother Peeter, and others, many of whofe 
parents lived in the time of king Edward the fourth, and moft of themfelves were 
born in the time of king Henry the feaventh, as their leafes and copies declared, 
fome of them one hundred and ten yeares old, divers an hundred, and none under 
fourfcore, relate the reports of their parents kinsfolks and neighbours prefent at 
this fkirmifh, fome with the one lord, and others with the other ; and of fuch as 
carryed viflualls and weapons to fome of thofe companies, as this lords party lay 
clofe in the utter fkirts of Michaellwood chace, out of which this lord Berkeley 
brake, when hee firft beheld the lord Lifle with his fellowfhip difcending down that 
hill from Nibley Church, and after climbed up into trees, (being then boys of twelve 
and fixteen yeares,) to fee the battle : And how the lord Berkeleys number was 
about one thoufand, and exceeded the other in greatnefs : That the place of jStanll 
was at fowlefliard, whence this lord Wittm fent upon the lord Lifle the firft fliower 
of his arrowes ; That one black Will, (foe called) ftiould flioot the lord Lifle, as his 
beaver was up ; And that Thomas Longe father of the faid Wittm was fervant to 
one of them who helped to carry the lord Lifle when hee was flayne, and of many 
other perticularyties, (which I purpofely omit,) not poffible almoft by fuch plaine 
Country people to be fained : And that a fpetiall man of the lord Lifles company 
was then alfo flaine, and buryed under the great ftone tomb which yet remaines in 
the fouth fide of Nibley Church yard ; infomuch as I cannot otherwife but deliver 
them as ] truths ; And much the rather for the full difcourfe thereof which old Mr 
Charles Hiet, (whofe great grandfather James is one of the Def? in the faid 

appeale,) 



I49I 



tlife of iBiiUam a^quejef 23a:feelcp 



"5 



appeale,) had with the lord Henry Berkeley at Berkeley Caflle the 25'^ of Septem- 
ber . 1603, which my felf then heard foe perticularly delivered from the relation of 
his father and grandfather as if the fame had been but yeflerday : The faid lord 
Henry himfelfe fc;onding moft of what Mf Hiet related, from the reports of divers 
others made to himfelfe in his youth, fome of whom were then born and of the age 
of difcretion, as his L''?'' then affirmed : But enough of thefe traditions and reports, 
wherein I have exceeded mine own Inclination becaufe this paffage is of mofl 
remarkablenefs in this family ; And the bloud now fpilt was not cleane dryed up 
till the feaventh year of kinge James, as after in many places of thefe relations 
appeareth : 31lnb thus did all the fons joyne in revenge of the innocent bloud of 
that virtuous and princely lady Ifable their mother, malitioufly fpilt at Gloucefter 
feaventeen yeares before by Margaret this vifcounts grandmother, and whofe heire 
and ward hee was : 311nb this wound ftroke the deeper for that the blowe thereof 
fwept away all her iffue male from the earthy And in the fame quarrell where[i]n 
the bloud of the faid lady Berkeley was fhed, as formerly is written. 



fols : [528, 529] 



<0f this fkirmifh Camden writeth. That Wotton underedge yet remembreth 
the flaughter of Thomas Talbot vifcount Lifle here flaine in the time of king 
Edward the fourth in an encounter with the lord Berkeley about poffeffions, fmce 
which time have continued fuites between their pofterities, untill now lately they 
were finally compounded. 



Camden Brit : 
in Com. Glouc. 
fo : 464. 



Slpon the death of the faid vifcount Lifle this lord Wittm entred alfo into the 
mannors of Wotton forren, Wotton burrowe, Simondfall, Arlingham, and Sages, and 
into the Newleyes and the Warth in Slimbridge, and into divers other lands in 
Kingfcote, Horwood, Aclon, Cromhall, and other Hamletts thereabouts, which had 
been the inheritance of his father James : J^otobeit this lords poffeffion was not 
three yeares peaceable, (though hee had pleafed the Kitchen of the vifcounteffe 
with one hundred pound anuity, and her bed with a youthfull hufband>) before hee 
was powerfully fet upon by Sr Edward Grey, his mothers grandchild, as being 
fecond fon to Elizabeth Lady fferrars daughter of the lady Ifable, this lord Wittms 
mother, as before hath been declared : who by | mariage of Elizabeth eldeft fifter 
and coheire of the faid Thomas Talbot, as in her right the 14* of March in the 
fifteenth of king Edward the fourth created lord Lifle, And after created vifcount 
Lifle by king Richard the third, in the firft: yeare of his raigne, what time Margaret 
her other fiflier and fellowe coheire, maryed to S' George Vere, was dead without 
iflue. 

25ettticen 

Q 2 



Efch : 9. 10. E. 4. 

origin: I o.E. 4. rot. 

ii:et. 15. infc»cio. 

origin: ii. E. 4. 

rot : 1 5. in. fc»cio 

origin : 15. E. 4. 

rot. 26. in fc^cio 

cm rem. thes : 

580 

cart 15. E. 4. m. 

vlt. 

pat. 18. H. 7. 

pars. 2. 



n^ €]^c HibcjBt of tl^ 25crferifpjtf 1463 

f&ttiaten thefe two, this S' Edward Grey, and this lord Wittm, was longe 

tofled with equall malice and greatnes the title of thefe manors and lands, like a 

ball of difcord, taken up and banded, with much toyle and expence ; untill by the 

carta counfell : in mediation of Thomas Grey Marques Dorfet, elder brothers fon to the faid lord 
cdliro dc ficrkclcv 

Grey, (frend alfo and near kinfman to the faid Wittm,) It was by Indenture dated 

the 25* of ffeb : in the ai'.** of Edward the fourth, agreed between this lord Wittm, 

(then vifcount Berkeley,) on the one part. And the [faid] Edward Grey lord Lifle 

and Elizabeth his wife on the other parte. That for the fetling of thofe great dif- 

cords, quarrells and debates, which of longe time had been for the burrowe and 

manors of Wotton underedge and Simondfall, the advowfon of Wotton Church, 

the rent of affize of — 34L4? in Nibley and Shernecliffe, the fixth part of the manor 

of A6lon Ilger, Newleyes, the Warth, Sages, Weftmancotes land in Arlingham 

&c, That the fame fhould bee fetled to the faid vifcount Berkeley and to the 

heires male of his body, with remainder to the faid lord Lifle and Elizabeth his 

wife and to her heires for ever, by fyne or otherwife : 3finb that the faid vifcount 

Berkeley fhould grant an Anuity of twenty pound p anii : to them and the heires 

of the faid Elizabeth, going out of the faid manors and lands, but to ceafe upon the 

death of Margaret Vifcont' Lifle, And then the fame to bee one hundred pound p 

ann : <©r if the faid vifcount Berkeley bee difcharged of the hundred pounds w'."" 

hee now payeth to the faid Margaret, Then the faid hundred pounds annuity to 

begin prefently : %v!li they the faid Edward Grey and Elizabeth his wife to bee 

barred from claiminge any of the faid manors, or lands contrary to the purport of 

claus : 22. E. 4. in this Indenture : Howbeit they fell off from this agreement, but by whofe default I 

^*^ ' find not, and betooke themfelves to their former difcords ; Infomuch as, the ninth of 

May after, this vifcount Berkeley was convented before the kings Counfell for his 

581 mifdemeanor, and there enforced to enter into a recogni | zance of a thoufand pound 

to appeare againe that time twelve month before the king and his counfell. And in 

the meane time to doe noe damage to the faid Grey lord Lifle, or his fervants. 

3Ilntl the ftiffe purfute of the faid lord Lifle againft this lord Wittm Berkeley 
in nothing more ftrongly appeareth, then in that hee obtained in the fourth yeare 
of king Henry the 7'.'' to have the irregular proceedings that were in the thirtieth of 
Henry the 6'^, upon the Statute of the fifth of Richard the fecond, of forcible 
entries againft this lord Berkeley, his father and three brethren at Cirencefter before 
Judge Bingham, to bee certifyed thirty feaven years after by Margaret Judge 
BInghams widow and Executrix ; And to procure the fame to bee exemplifyed 
under the great feale of England, notwithftanding all refiftances of this lord 

Berkeley 



I49I 



Hife of iBiUiam a^arqucjef '^etMe^ 



117 



Berkeley to the contrary, then Earle Marfhall and Marques Berkeley ; A mani- 
feftation of eagernes, potency, and prudence. 

SDuriltg the lime of thefe contentions, this vifcount Berkeley was not alto- 
geather paffive, as warding blowes and returninge none : for with the like weapons 
of Weftminfter hall, hee flroke both the lord Lifle, and thofe that were favored by 
him. 



311llil not onely himfelf but his two brethren, Maurice Berkeley and Thomas, 
affailed John Wenlocke, Nicholas Daunt, John Daunt, John Howell, Clark, and 
others his efpetiall mynions with feverall adlions of falfe imprifonment, for that by 
their means and affiflance they were taken and imprifoned from the 23? of Septem- 
ber in the 3o'^ of Henry the fixth untill the lo*? day of December following ; which 
aftions in both Courts were, after iffue Joyned and ready for tryall, flayed by 
Injun6lion out of the Chancery obtayned by the faid Wenlocke upon his bill 
exhibited againft this lord Berkeley and Maurice his brother, untill the matter of 
the faid adlions ftiould bee there firft heard ; wherein Wenlocke declareth at large 
the great variances that were between them and the Earle of Shroefbury, whom 
hee then fearved in ordinary, for the manors of Wotton, and other lands in the 
County of Glouc^ And how the fame were then ended by the mediation of John 
lord Beauchamp, Wittm lord fferrars, and ffortefcue and Yelverton Judges, as by 
their award (faith hee) under their feales ready to bee fhewed may appear : 2But 
therein hee miftooke, for the falfe imprifonment was three years after that award, 
as formerly is declared ; yet this falfe allegation for this time ferved his turne. | 
Other fome this lord Berkeley by fairer courfes took off from the affiflance of his 
faid adverfary, (for great guifts are litle gods,) Amongfl whom Kenelme Digas by 
deed under his feale of Armes, promifeth, That for the good lordftiip which the 
right noble lord Wittm Berkeley knight lord Berkeley of his great noblenefs, hath 
diverfly of late time fliewed unto him, That hereafter hee will not bee of Counfell 
againfl him nor his heires, in his great matter touching the title of the lordfliip 
manor and burrowe of Wotton and other manors, of longe time in debate ; Soe the 
words of the deed. Some others there bee of like flraine, which J pafs by. 



Mich : 15. E. 4. 
rot. 56: et. 514.111 
banco coi: 
Mich. 15. E. 4. 
rot 66. coram 
rege. 



petitio in Cane ; 
15. E. 4. pars. I. 



582 

carta. 12 April. 14. 
E. 4. in cahro de 
Berkeley. 



%t the parliament begun the. 17"?" of ffebruary in the 17* of king Edward the Rot. parliam. 17. 
fourth, it is fhewed how Richard the kings fecond fon had been created Duke of paiJ^'j^E. 4. 
Yorke and of Norfolke, Earle Marfhall, Warren, and of Nottingham, And that for pars. z. m. 6. 
fupport thereof, the king hath now maryed him to Anne daughter and heire to 

John 



•; 



ii8 



€l)c %i'oc0 of tlje 25crhelcpi6{ 



1463 



583 



pat: 17. £. 4. ps. 3. 
m: 6. 
pat: 18. E. 4. ps. I. 
m : 2. et 16. 



John late Duke of Norfolke, to the great honor of her and of her bloud, fhee being 
but fix years old. ^otD for reafons in this A61 laid down, It is enabled, That if 
fhee dye without iffue, Then the faid Duke of Yorke her hufband fhall for his life 
hold the half of fifty nine manors named in this A61, lying in the Counties of Salop, 
Suffex, Surrey, Middlefex, Leicefter, Effex, Lincolne, Norfolke, Yorke, Bedford, 
and Derby ; And the moitie of twenty knights fees in divers places, (named in this 
A6i,) befides divers other chafes hundreds and houfes. Of which Katharine Dutches 
of Norfolke holds part for her Joynture : SCntl that whereas Elizabeth late wife to 
the faid Duke of Norfolke holds in Joynture and in dower many manors and other 
great poffefiBons of the faid Dukes her late hufbands. Now in regard of the great 
advancement and honor of her daughter Anne with the faid Richard the kings fon, 
fhee is content to reft fattisfyed with thefe manors following, and to depart with the 
refidue to her faid fon in lawe the Duke of Yorke ; viz' Duningworth, Hofeley cum 
Sutton, Staverton cum Bromefwell, &c. in the County of Suffolk, Dalby Chalcombe, 
Coldoverton, Segrave, Melton Mowbray. &c, in the County of Leicefter ; Bofham 
and others in -the County of Suffex, and with others, (all named in this Adl,) in the 
Counties of Norfolke, Cambridge, Warwike, Derby, and Hereford, which ftiee is 
to hold for her life without impeachment of waft ; And in regard of her kindnes in 
departing with the refidue, her eftate in thefe is hereby con ] firmed. And after to 
Richard Duke of Yorke for his life againft the heires of the faid Anne, if fhee dye 
without iffue ; with a provifoe that this A61 bee not pr[e]juditiall to John lord 
Howard and Margaret his wife for the manor of Pritwell in Effex, nor to Jone wife 
to Wittm lord Berkeley for the manors of Newfam, Kirkby Malfart, Burton in 
Londefdale, Brind, Gribthorp, and Thorneton, in the County of Yorke, to her made 
by Katharine Dutches of Norfolk her mother, nor bee prejuditiall to S^ Humphry 
Talbot for th'eftate hee hath in Callowdon for his life by the grant of John late 
Duke of Norfolke. II^{)tcl^ A61 of parliament is after feverally exemplify ed by all 
the faid parties. 



carta in caftro 
de Berkeley. 



JohnDuke ofNorf : 

died: 10. Jan: 15. 

K 4. 



3[n thefe times alfo this lord Wittm winneth even the king himfelf favorably 
to partake with him in thefe futes ; an argument both of an haughty fpirit, and of a 
willfuU difpofition : for the 28'^ of May in the 16* of king Edward the fourth. It 
was agreed by Indenture between the king and him. That hee fhould convey to 
Richard Duke of Yorke the kings fecond fon, and to the heirs of his body, all fuch 
right title and intereft as hee hath or claimeth to have in all fuch manors and lands 
as for defalt of iffue of John late Duke of Norfolke fhould come to him the faid lord 
Berkeley ; And for default of iffue of the body of the faid Duke of Yorke, Then to 

the 



I49I 



%r& of l©tntam ^atqut0 ^aMep 



119 



the king himfelf and the heires males of his body. The remainder to this lord Wittm 
and his heirs : And after fecurity foe made, the king on his part promifeth to bee 
his good and gratious lord according to his lawes, And to caufe to bee delivered up 
unto him all fuch Statutes and Obligations wherein the faid Wittm flands bound to 
John late Earle of Shroefbury, Margaret his late wife, and to Jn° Talbot late 
vifcount Lifle or any of them, or els to difcharge the fame : And if in the mean 
time this lord Berkeley bee arrefted for any of them, the king will difcharge him 
thereof: Cl^ twentyfirfl of Aprill in the 21'^. of his raigne the king created him 
vifcount Berkeley. 3illtb for performance of this agreement the faid vifcount 
Berkeley the twentieth of ffebruary following enfeoffed the Arch-bifhop of Yorke 
and others, of his Caftle and manors of Berkeley, Hame, Appleridge, Alkington, 
Hinton, Hurft, Slimbridge, Came, and Upton S' Leonards ; upon condicon. That 
if this vifco' Berkeley doe performe the faid Covenants and agreements made 
between the king and him, contained in the faid Indenture, Then this feoffment to 
bee void : And foe alfo that the king at his own charges both require and make 
fuch conveyances before that time twelvemonth. | 1 

get did not the king foe rely upon this feoffment, but at the parliament begun 
the twentieth of January after, (whereat this vifcount Berkeley was one of the 
Tryers of forren petitions,) It was at the kings defire, with confent of this vifcount 
Berkeley, enadled, That in confideracon that the king fhould difcharge him and 
James Maurice and Thomas his brothers, of fower and thirty thoufand pound 
payable by them and James their late father to the Earle of Shroefbury and 
Margaret his wife and to John late vifcount Lifle their fon. And in confideration 
of other grants to bee made by the king to the faid vifcount Berkeley, That all 
the part and intereft which to this vifcount Berkeley belonged of all the Caftles, 
honors, lordfliips, manors, and other hereditaments whatfoever in England, Ireland, 
Wales, or Calais, which for defalt of iffue of Anne late daughter and heire of John 
Duke of Norfolke late wife of the faid Richard Duke of Yorke the kings fon, ought 
to come to this vifcount Berkeley and his heirs, ftiotild remaine to the faid Duke 
of Yorke and the heires of his body ; And for default of fuch iffue to the king and 
the heires males of his body ; And for defalt of fuch iffue to veft in this vifcount 
Berkeley and his heires, as though this A<51 had never been made : And that all 
debts owing by this vifcount Berkeley James Thomas and Maurice his brethren, 
to the king or to the faid Earle of Shroeflsury, Margaret his wife, and vifcount 
Lifle, bee difcharged, And henceforth bee void. 

Cl)t nynth of Aprill following dyed the faid king Edward^ the fourth, and 
within a few months after, the kings two fons, king Edward the fifth and his 

brother 



Anne his daughter 
and heire died. 16. 
Jan'?'i7.E.4. 1478. 
Shee was maryed 
to Richard fecond 
fon of. E. 4. duke 
of York 15. Jan : 
1478. 17. E. 4. 
who was also. 7. 
feb : 16. E. 4. 
created duke of 
Norf : and Earle 
Warren. 

cart:i6.E.4.m:i2. 
pat: 16. E. 4. ps. 2. 
carta in caftro 
de Berkeley. 



584 

Rot. parli : 22. E. 
4. m: 13. 



■ao €|e mita^ tf i|r 59aftclqf# 14(3 



brodker Ridianl the faid Ddke of Yorice, were mmihensd bjr tfactroMatuall aadde 
aad protedor Ridufd DidK of GlouoeAer called Rklufd tbe duid: vlietdyf. (tfae^ 
bong all the iflue male of king Edwand dbe foutth,} ihiete tAatttB in tqrfe deter- 
ininod. And thiii viscount Berlcdejr was ajg^aioe vcAed m fix Siotfile m al the biA 
auaon and lands, as ihou^ the £ud Ad of patinment, or fonner co a rqraaces, 
had never been. 



C^ loni Bericdqrs modires to aflient to tlus A& ai paHtament feenes Co bee 
diftse, fir^ to bee freed, binldf and bis bccdvcn, tfadr bads and goods, firom that 
heairy (urn of . 34000?* , mentioned in tfae£ud Aft of pa ri i awrnr , noe in£enour ooutie 
^8^ remaining to evacuate ] tbofe Sutittes in the hands of a pocent adirei^rjr : SbttMtk^ 
to have the kings ixnot and to bee created Vilcount : 9fli la^tlp to receive other 
benefitiall grams from the king: But what tbett fliould bee, I hare not fbond: 
Ondy the fifth of Hank taOoming, the king made him one of his privjr GwnfHI, 
P*^ **- **' *P And for his atteadanee diereoo gjraated him Ae yeaAf fee of one h u ndred marks 
during his life out of dbe fubfedjres of London and Briftoflt as hath been aheadf 
(aid : It may bee that the death of the king, which followed within thir^ fower 
days, hindered the refidue of thofe benefitiall grants: But the blouddy tra^iedy 
which Richard the third ai6ied upon bis two nephews bjr their murder, returned 
againe upon this viibcmnt Berkdey all diat port of the Duice of NotioOcs lands 
which hee had made away as aibreiaid. And the laid Statutes aUb diidiaiged : An 
ill wind it is (faith the pcovetb) that bloweth noe man profiL 

%vb if this vifcount Berkdey could have contained his ambition and hdd 
himfelf contented in the pitch hee was now mounted unto, bee had foared in height 
of honor and greatnes of Eftate above the heads of aU his Ancefiors, yea above his 
great unde Thomas the fourth, in whom I have noted this UaaSifto bee in its 
h^efl iomt^n {oliiiot : fBtt by the death of Anne the fole dai^;fater and heire of 
AA tiftAmt John Mowbray Duke of Notfolke, the fiyteenth day of January in the feaventeenth 
"' ^ 4- y^^ fj( £<]ward the fourth, (hee then under leaven years of age, (her &ther ending 
his dayes the tenth of January in the fourteenth of Ae bid king,) And by the death 
; fo : 7ot, of Y*- king himfelf, and his two boa. To the younger of whom, (if Stowe bee true.) 
fliee was maryed but the day before her death. This Viibount Berkdey, as heire to 
* the lady Ifable his mother, great Aunt to the Duke of Norfdke, had now the One 
entire nuMtie of all the Dukes efiate ; As to the lord John Howard, (Ihortly after 
by Richard the third made Duke of NoricJke, and his fon Thomas, Earle of Surrey 
the fame day,) had the other mojrtie; as fon and heire of the lady Margaret his 

mother. 



149' 



%iie of JMffiam £i^atqtu0 *S^b^ 



131 



mother, fifler and fcllowe Copartner with the lady Ifable : And upon the partition! 
made thereof, (fome of which were after confirmed by Adl of parliament,) this lord 
Berkeley had for his part thefe manors and lands allotted to him and his heires, 
as followc. I *' 



The manor 
The manor 
The manor 
The manor 
The manor 
The manor 
The manor 
The manor 
The manor 
The manor 

The manor 
The manor 
The manor 
The manor 
The manor 
The manor 
The manor 



df Donyngton, 

of Twaytcs, 

of Thriflcc, 

of llovingham, 

of Kirkhy MaKart, 

of Thornton, 

of Brynd, 

of Gribthospe, 

of Ncwfam, 

of Burton in Lonefdalc, 

of Eppeworth, 
of Cothorpc, 
of Helton, 
of WcAburrowe, 
of Oufton, 
of Haxey, 
of Wrote, 



Rot. 



psrl ; 4. H, 7. 



In the County of Yorke. 



In the County of Lincolne. 



The manor of Mawvy, 

The manor of Dovercourt, 

The manor of Herwich, 

The manor of great Chdlerford« 

The manor of Denge als Dengy, 

The manor of Segrave in Pen, 
The manor of Matiowe, 
The manor of Wingc, 

The Cadle and manor of Bedford, 
The manor of Scotfeild, 
The manor of Haunce, 
The manor of Bromham, 

» VOL. u 



In the County oS Ei&x, 



In the County of Buckingham 



In the County of Bedford 



The 



•: 



133 



587 



€I|e %i)iK^ of tl)e "^Mej^^ 



1463 



The manor 
The manor 
The manor 
The manor 
The manor 
The manor 
The manor 



of Callowdon, 
of Thurlaflon, 
of fflekenhoe, 
of Alfpath, 
Mereden, 
of Afpele, 
of Kington, | 



In the County of Warrwicke. 



The manor of ffenyftanton, 
The manor of Hilton, 
The manor of Auconbury, 
The manor of Wefton, 



• In the County of Huntington. 



The manor of Stodefdon, in the County of Salop. 



The manor of Melton Mowbray, 
The manor of Coldoverton, 
The manor of Mountforrell, 
The manor of Sileby, 
The manor Segrave, 
The manor of Dalby Chacombe, 
The manor of Witherly, 
The manor of Twyford, 
The hundred of Gofcot, 



In the County of Leicefter. 



The manor of Bretby, 
The manor of Linton, 
The manor of Cotton, 
The manor of Repington, 
The manor of Roftlafton, 
The manor of Afhborne, 



• In the County of Derby. 



The manor of Wefton Baldocke, in the County of Hartford. 



The manor of Hinton, 
The manor of Kenet, 
The manor of Kentford, 



In the County of Cambridge. 



The 



I49I 



%ik of IBiHiam Sf^acqm^ ^sxMep 



\2- 



The manor of ffuntington, 
The manor of Bofham, 
The manor of Thorny, 
The manor of Buckfold, 
The manor of ffindon, 
The manor of Slagham, 



■ In the County of Suflex. 



The manor of North pedle in the County of Worcefter. 

Divers lands and Tents in Weftminfter in the County of Middlefex. 

Divers lands and Tenf in the Town of Calais. 

The manor of Wiffelee in the County of Surrey. | 



The fourth part of the manors, of, viz? 
Brighthelmefton, 
Clayton, 
Middleton, 
Mechinge, 
Seford, 
Alington, 



588 



■ In the faid County of Suffex. 



The fourth part of the moytie of the manors, of, viz? 
Cokefeild, 
Hounden, 
Kymer, 

The Chace of Cleers, 
The forreft of Worth, 
The burrowe of Lewis, 
The barony of Lewes, 
Nomanfland, 
Divers rents in Ilford, 



In the faid County of Suffex. 



The fourth part of the manors of Rigate and Dorkinge, in the faid County of 

Surrey. 
The fourth part of the moytie of the Toll of Guilford and Southwerke, in the 

faid County of Surrey. 
The fourth part of the moytie of the manor of Tiborne ats Maribone ; in the 

faid County of Midlefex. 

The 

R 2 ' 



124 



€i)e Uttocjsf of tlie tBctfuk^^ 



1463 



The Caftle of Holt, 

The l?fhip and manor of Bromfeild, 

The manor of Yale, 



In North wales. 



The moytie or halfe part of the manors, of, viz? 



Pickhill, 

Seffewike, 

Bedewall, 

Ifcoyd, 

Hewlington, 

Cobham, 

Heme, 

Wrexham, 

Burton, | 



In Wales and the Marches of 
Wales, to the County of Salop 
adjoyning. 



589 sunn, AlHngton, 
Eftclufam, 
Eglefecle, 
Ruabon, 
Abinbury, 
Dymill, 
Morton faboy, 
Armere, 
Ofbafton, 
Son ford, 
Ofelefton, 

The caftle of Leons, 
The town of Leons, 
Almore, 
Wolfton, 
Groffard advowfon. 



The moytie of the lordfhips or Seignioryes, of, viz? 
Catherlagh, Oldcroffe, and of two 

baronies and divers other manors 1^ In Ireland, 
and lands. 



In Wales and the Marches of 
Wales, to the County of Salop 
adjoyning. 



And 



I49I 



%ik of 3©iiUam a^arque^ 2Bcrfiricp 



125 



And which are mentioneS in the A6ls of Parliament in the fourth, fifth, 7'^ 17* and. carta in caftro de 
19'.'' years of king Henry the feaventh and in the feverall deeds in the poffeffion of ^^ ^^^' 
the now lord Berkeley. 



tt. 



■ In the County of Gloucefler 



3!lnb of his own paternall inheritance, which difcended to him after the death 
of his father the lord James, hee now alfo had, as hath been already written, 
The Caftle, Burrough and hundred of" 

Berkeley, 
The manor of Hame, 
The manor of Appleridge, 
The manor of Alkington, 
The manor of Hinton^ 
The manor of Hurft, 
The manor of Slimbridge, 
The manor of Came, 
The manor of Cowley, 
The manor of Daglingworth, 
The manor of Upton S' Leonards, 
The manor of Portbury 
The manor of Portefhead, 
The hundred of Portbury, 
And divers lands in the County of Hereford. 



In the County of Somerfet. 



590 



5Cnb alfo this lord Wiftm now had more in his own poffeffion, which hee entred 
upon imediately after the death of Thomas Talbot Vifcount Lifle, as before is 
touched. 

The burrowe of Wotton, 
The manor of Wotton fforren, 
The manor of Simondfall, 
The manor of Sages, 
The manor of Arlingham, 
22 . marks rent in fframpton, 
Newleys and the warth in Slimbridge, 
Divers lands and rents in Kingfcote, 

Horwood, Cromhall, and Adlon, 
The Advowfon of Wotton Church 

and of the Chantries of Hillefley, 

and Wortly, j 5flijBfO 



In the faid County of Glouc 



< 



136 



€l)c Eiijcjgf of tljc ^ctMcp^ 



1463 



carta in caaro SlIjBfO hee now had by the lady Tone his wife fix manors in Yorkfhire, and the 

de Berkeley. j j j > 

manor of Pritwell in Effex. 

Pafch: I :R^3- JUnJ) likewife hee now had in fees pentions and Annuities, fome in ffee and 

rot. 2. m fc»rio. . ^ 

carta in caftro fome for life, from the king and other great parfonages, by feverall patents — 478" 
de Berkeley, gs gd j^y ^j^g y^^^ . ^j^j divers other more both lands and fees, which I comforted 
not myfelfe in feeking after. 



591 



J^OC that if any refpeft or hufbandry towards himfelf, confcience towards 
God the giver, care of reputation towards the world, love or regard towards his 
pofterity, had been in this lord, hee had advanced this family beyond the pitch of 
the worthieft of his Anceftors ; And to his eternal] fame in all generations of his 
houfe paft and to come, had been highlieft honored in their memorialls : 25ut to 
his ever during obloquy and reproach, hee in lefs then ten years following, fcattered 
gave and caft away all the forementioned poffeffions, (a thing fcarce credible to bee 
written,) not leaving any acre | to pofterity, nor ought els, fave tears and tongues 
to complaine, whereof my weeping pen now mournfully begins to write. 



carta in caftro 
de Berkeley. 



. ^10 eAptnatim^ anb 0aW of lattlijsr. 

CfjijEf vffcount Berkeley beheld his Cozen germaine and fellowe Copartner, 
John lord Howard, to bee created Duke of Norfolke ; his ambition labored, if not 
to bee dignified as his equall, yet to fit in the next throne, for in the moulds that 
caft them both, hee found noe difference, nor in the mettall ; Sifters fons they were, 
And this vifcount difcended of the elder ; only the kings favor made the ods ; which 
hee cafteth about to gaine. And thus compaffeth : 

]^i!ltini0 in his ambitious opinion too much land, and too litle honor, hee is upon 
the 28'^ of June the fixth day after the coronation of Richard the third, created 
Earle of Nottingham, to him and the heires males of his body, with the fee of 
twenty pound p ann out of the Sherifewicks of Nottingham and Derby : <C()ij6f 
Earledom fattisfyeth not : for to climb higher, hee agreeth with that ufurping king 
the a'.*" of March following in the fame year, by Indenture, That when hee fliould 
bee required, hee would make to the king and to the heires of his body a good 
eftate in his manors of Melton Mowbray, Segrave, Coldoverton, Dalby Chawcombe, 
Twiford, Witherly, Sileby, Mountforrell, and the hundred of Gofcote, in the county 
of Leicefter : %vXi in the manors of Donyngton, Twaytes, Thriflce and Hovingham 
in the County of Yorke : And in the manors of Harewich, Dovercourt, Mawney, 

and 



149 1 



Hife of JDiiliatn a^mrquc^ 25crftekp 



127 



592 



and Chefterford, in the County of Effex ; 311lllJ in the manors of Winge and Segrave 
in Penne, in the County of Buckingham ; 5l!nb in the manors of Calthrop, Wefl- 
borrowe, Eppeworth, Belton, Haxey, and Oufton, in the County of Lincoln ; %\Hx 
in the Caftle and manors of Bedford and Bromham in the County of Bedford : 
3Ilnll in the Caflle of Holt with the lordfhip of Bromfeild and yale in Northwales : 
3lln& in the revercon of the manors of Kirkby Malfart, Newfam, Thornton, Grip- 
thorp, Brind, and Burton in Lonefdale, in the faid County of Yorke, after the 
deceafe of J one his wife ; And for default of fuch iffue of the kinge, to remaine to 
him I the faid Earle of Nottingham and his heires for ever. 3IIn& it was further 
agreed between them. That the king fhould grant to the faid Earle for his life, 
when hee fhould require it, an yearly rent of fower hundred marks out of the great 
Cufloms of the City of London ; And for performance thereof, for foe much as was 
by him to bee performed, hee the faid Earle of Nottingham became bound to the 
king in a recognizance of ten thoufand pounds; 3tn& accordingly by Indenture claus:rolls. i.R,3. 
dated the 23!*" of Oftober in the fecond year of the faid king, the fame manors were claus: rolls. 2. R. 3. 
by this Earle conveyed to the faid king accordingly : And the fifteenth day of the 
next month, The faid king Richard by Indenture under his hand and feale, Afwell carta in caftro 
for the true and faithfull fervice that this Earle of Nottingham in manifold wife 
hath done to his highnes, in the fame, did promife and grant to the faid Earle, 
That at all times thenceforth, hee will ayd, comfort, and affifl the faid Earle, as 
lawe, right, and confcience will, afwell in and for his inheritance and all titles 
concerning the fame. As of and in all other caufes that the faid Earle hath to doe ; 
At what time this Earle was not releafed from a recognizance of one thoufand 
pound, wherein hee flood bound for his perfonall appearance in the Starr chamber, 
And to doe noe damage to the faid Edward Gray lord Lifle or to his fervants : 
I^otDbctt this profufe fcattering of thofe thirty five manors at a clap hurt him not ; 
for this eflate in tayle in the king determined the 22'? of Augufl following, by the 
kings death at Bofworth feild. And by the death of his wife and of his only child 
the prince, dead a litle before his father : Soe willing was Gods gracious eye to 
have made this Earle looke back, and to retire himfelf into the confideration of 
himfelfe, and to have preferved tliofe pofTeffions which had been from heaven 
fhowred upon him: But hee rather chofe to bee branded by S' Paull with the 2. Tim 15 
livery of infidelity, then to have any care of his family houfe or kindred, prefent 
or to come. 



de Berkeley. 



ordo in Camera 
flellat. 9. Maij. 
22. E. 4. 



I^CTtrp the feaventh, by the overthrow and death of Richard the ufurper, 
obtaineth the Crown and weareth it ; And foe prudent was this Earles cariage 

between 



138 



€^t Slibc^ of tije 25crhclcpief 



1463 



between thofe adverfe princes and their adherents* (ayding the one w* men, the 
other with money, neither of both with his perfon,) That hee preferved the favor 
pat I. H. 7. m. of both, at leaft loft neither of them : Slltll as a teftimony of this kings good 
acceptance of his fervice, upon the 26''' of Odlober following (fower days before 
his own coronation,) hee created him Earle Marifchall, To hold during pleafure. 



pat 1. H. 7. m. 

pafch:rec: r. H. 7. 

rot 3. in fc*cio. 



with the fee of twenty pound : And the I9'^ of February following, created him 
Earle Marifchall and great Marefchall of England, To hold to him and the heires 
males of his body, with the like fee of twenty pound : 3[n which patent of creation, 
5g3 the king gives him | power, afwell in his prefence as in his abfence, to have and 
bear a ftafif of gold w"* a black ringe at both ends, with the kings Armes at the 
pat ; I. H. 7. m. upper end, and his own Armes at the lower end thereof : 3ilnb in the meane 
between his two patents, the 1 2* of December, grants him a generall pardon for 
all offences comitted before the 7* of November then laft. 



carta in caftro 
de Berkeley. 



petitio Mauricij in 
carflo de Berk : 



3It feemeth fomewhat plaine That a precontracfl was concluded upon between 
S' Wiftm Stanley lord Chamberlaine to the king, and this Earle, for furthering him 
into thefe great offices of honor : for upon the fame 1 9* of ffebruary, this great 
Marefchall by his deed of the fame date with his patent of creation. And with his 
new ftile of Wittm Earle Marfhall and of Nottingham, vifcont Berkeley and lord 
of Berkeley, hee gave to him the faid S' Wittm Stanley, (by the name of cozen,) 
and to the heirs of his body. All his part and purpart of his manors of Pickhill, 
Seffewyke, Bedewall, Ifcoyd, Hewlington, Cobham, Hem, Wrexham, Burton, 
Alington, Eaftclufan, Eglofecle, Ryabon, Abinbury, Dimill, Morton faboy, Armere, 
Ofbafton, Sonford, and Ofelefton, And of the Caftle and manor of Dynefbran, and 
of the Caftle and town of Leons, Bramfeild, Yale, Wrexam, Almore, Wobfton, 
and Sonford, in Wales and in the marches thereof to the County of Salop adjoyn- 
ing ; And for defalt of fuch iffue of the body of S' Wittm Stanley To remaine to 
the faid Earle Marftiall and to his heires : 5Cnll thus for the confideracon of honor 
did this Earle Marflrall runne out of two Caftles and twenty eight manors and parts 
of manors : 5llul) yet was not his ambitious humor fattisfyed : 5llnb juftly might 
Maurice Berkeley his brother and heire apparant, and Maurice his fon and heire, 
complaine, as they did. That out of a high and pompous mind, hee afpired to 
bee made a 9[^atQUCj9?jE( ; Between whom, great difpleafures now arofe, never after 
reconciled, upon the occation of thofe and other like affurances, fynes, and re- 
coveryes, (whereof many now enfue,) which this lord Wittm paffed : ffoc the better 
to cut off the antient entaile to the heires male, created by his Anceftor the lord 
Thomas the third, as in his life appeareth. This vaine and pompous Earle did in 

Mictimas 



I49I 



%ik of HDiHrnm Q^arquciet 25crferifp 



129 



Miclimas and Eafter Termes in the fecond of Richard the third, upon feverall 

writs, de radio praecipe in capite fuffer recoveryes of the advowfon of SHmbridge In banco coi 

Church, and of the manor of Portbury, and of the Caftle and manors of Berkeley, j-ot: 147. Pafch: 

Hame, Appleridge, Allcington, Hinton, Came, Hurft and SHmbridge, and of divers ^^ '54- 

others : In many of which by his feoffments after thefe recoveryes executed in 

carta in cailro 

Auguft in the firft of Henry the feaventh, hee for defalt of iffue of his own body, de Berkeley. 

eftated Thomas Marques Dorfet in tayle : | which notwithftandinge, within two years 594 

after, hee againe altered and eftated upon the king, as now followeth. 



iHInb having twice made advantage of honor and profit, (but againft his purpofe 
or will,) by two contradls with king Edward the fourth, and with king Richard the 
third, hee affayleth a like chapman, king Henry the feaventh, for a third fortune, 
(for Marques Berkeley, the Earle Marefchall of England will bee at leaft :) 3flnil 
thereupon by Indenture dated the 10* day of December in the third year of Henry 
the feaventh, (by the name of Wiftm Earle Marefchall and of Nottingham, great 
Marefchall of England,) hee covenanteth with the king to convey by good affurance 
the Caftle and manor of Berkeley, and the manors of Hame, Appleridge, Hurft, 
Slimbridge, and Cowley, To the ufe of himfelf and the heirs of his body, And for 
want of fuch iffue. To the faid king Henry the feaventh and the heires males of his 
body. And for want of fuch iffue To the ufe of his own right heirs : 5tnll to convey 
the manors of Alkington, Came, Hinton, and Portbury, To the ufe of himfelfe and 
Anne his wife and the heires of his body. And for want of fuch iffue. To the faid 
king and the heires males of his body. And for want of fuch iffue. To the ufe of his 
own right heirs as aforefaid : '^n lieu whereof the king gives him leave to convey 
twenty five of his other manors, feverally named in the faid Indenture, to what 
ufes and to whom hee pleafeth, without any fine to bee paid into the Hanaper 
upon fuch alienations : And promifeth to confirm unto him all manner of franchifes 
and liberties granted heretofore by him or his progenitors to him the faid Earle, 
or to any of his Anceftors. 



Mich : term. i. 

Mariae ex parte 

rem regis inter 

fcripta et rec : in 

banco 

carta in cafl.ro 

de Berkeley. 



pat. I. H. 7. pars. 4. 
pat.3.H. y.pais. I. 



3Illtl according to thefe covenants are recoveries fufifered of the faid Caftle and 
manors, And of the manors and Advowfons of Wotton underedge Simondfall, 
Arlingham, and others : And feverall fines alfo are by him leavyed of the faid 
Caftle and manors at the fame times, with renders of like eftates ; and of many 
others in feaverall Counties ; As with fmall labor is (at once) to bee read in the 
feverall Inquifitions found in the. 7'^. 8'^ and 9'?. yeares of king Henry the feaventh, 
after this Marqueffe death, remaining of record in the Chancery. 

S VOL. II 



Hillar. 3. H. 7. 
rot. 354. 360. 357. 
et. 343- 

Hillar : et Trin : 
terms 3. H. 7. et. 
7. H. 7. 



Efchaet : in Cane : 
temp. H. 7. 



< 



I30 



€^ %iMt0 of t^ $5nrftricpjef 



1463 



A& of pari : annis 
4.7. i7.eti9.H.7. 



SCntl to conclude, hee thus eftated upon the king and the heires males of his 
body for defalt of iffue of his own, ^t0 Caftle of Berkeley, twelve manors and three 
advowfons in the County of Glouc. ; CtDO manors in the County of Somerfet ; 
fO'iDCt manors in the County of Warwick ; ^i0j()t manors and one hundred in 
595 the County of Leicefter ; ^ij manors in the | County of Derby ; ffottiei: manors 
in the County of Effex ; fliDc manors, a fforreft, a chace, and a barony in the 
County of Suffex ; Ctt)0 manors in the County [of] Surry ; ffotoet manors in 
the County of Huntington ; <©ne manor in the County of Hartford ; Cljcee manors 
in the County of Cambridge; %. barony, and fower manors in the County of 
Bedford ; 5llnl> others in other Counties, And in Calais, Ireland, and Wales, befides 
divers advowfons of churches and chappies. And divers hundreds and other regali- 
tyes, with a great multitude of knights fees ; ^oe that by increafmg in the kings 
favor, hee proved more profitable to the king then his firfl covenants comprized in 
pat: 4. H. 7. m: 13. the faid Indentures; 3llnb hereupon the 28*^ of January in the fourth of his raigne, 
the king created this Earle Marfhall ^Sf^t(\VU0 Berkeley, to him and the heirs males 
of his body, with the fee of thirty five pounds pf ann out of the leffer Cufloms of 
London. 



hillar : 3. H. 7. 

cart, in caflro 

de Berkeley. 

cl : roll 3. H. 7. 

Bacon in vita 
H. 7. fo. 336. 



SUnb befides thefe forefaid Conveyances to the king and the heirs males of his 
body, ^et further fold and gave divers others to the faid S' William Stanley lord 
Chamberlaine, and to others ; %vSi alfo in the third of king Henry the feaventh 
gave to S' Reignold Bray knight, (whom S' ffrancis Bacon calleth a Counfellor of 
antient authority with his king,) his manor of Haunce in the County of Bedford, 
and his manors and lands in Kenfington and Marybon ats Tiborne in Midlefex, in 
ffee Simple, which were but rewards for his Court favour. 



Inq : pofl. mort. 
Marchion, Berke- 
ley. 8. H. 7. 
Com. pleas Mich: 
21. H. 7. rot. 
et 17. H. 7. i^m. 
His will 7. H. 7. 
in Cur. prerog. 
carta. 4. Nov. 3. 
H. 7 in callro de 
Berkel : 

com: pleas: Mich. 
17. H. 7. rot. 



3llnb the 23* of February in the third yeare of Henry the 7'? gave for like 
Court favor to Thomas Stanley Earle of Derby the kings father in law, for defalt 
of iffue of his own body. The manors of Donyngton, Twaites, Thrifke, Hoving- 
ham, Kirkby Malfart, and Burton in Lonefdale, in the County of Yorke ; Sinll his 
manors of Winge, Segrave in Pen, and Marlowe, in the County of Buckingham ; 
3llnil the manor of Denge ats Dengy in the County of Effex ; And the manors of 
Eppeworth, Belton, Haxey, Owfton, and Wrote, in the County of Lincolne ; Sfinll 
the manors of Alfpath and Mereden, in the County of Warrwike ; To hold to the 
faid Earle of Derby and the heirs of his body ; IB{)0 had alfo by like conveyance 
the manor of Slagham in the County of Suffex, 3fintl the manor of Wiffelee in the 
County of Surry, which coft him like Court-holywater, as aforefaid. 

9In 



I49I 



%i(t of HBUitam Sf^tqut^ ^crkelep 



131 



3[n the fame month and year hee feverally conveyeth the manors of Hinton carta in caftro 

and Kenet in the County of Cambridge, to the ufe of himfelf for Hfe, The remainder Hcentia regis 

to Richard Willoughby for his Hfe, The remainder to the heirs of the body of him 8. Feb: 3. H. 7. 

the faid Earle, The remainder to the heirs male of the body | of the faid Richard 596 
Willoughby, The remainder to Edward Willoughby Efq' and to the heires males 
of his body, The remainder to the right heires of him the faid Earle ; which manor 
at this time was in the hands of Elizabeth Dutches of Norfolke for her life : Of 

which manor of Kenet, fee after in the life of the lord Henry the firft. ^°^ '■ [8°^> ^°^] 

Sllnll in July following, in the felf fame manner hee conveyed the manor of carta. 10, Julij. 3. 

Callowdon in the County of Warrwicke, with like remainders to the fame parties, Berkeh ^* '^^ ^ 

which at this time was in leafe for life to S! Humphry Talbot : And for better con- fin. 6. H. 7. 

firmation of this affurance, did in the 6'^ of Henry the 7'^ leavy a fine thereof "^ banco. 

3finb alfo the faid Earle of Darby, (for defalt of iffue of the body of this faid 1"^ ^'"- 7- H. 7- 

in cur. prerogat : 
Marques Berkeley,) had alfo divers other manors and lands, As by the will of the 

faid Marques appeareth. 



3lln6 to his wife the lady Anne Berkeley and her heires, hee devifed by his 
will all his meffuages and lands in London, paying . 200 . marks to the ffryars 
Auguftines ; 3llnll his houfe in Chelfey in Middlefex hee by his faid will gave to 
John Whitinge and his heires with a legacy of fourty pounds ; 3Ilntl to conclude, 
what by fines and recoveryes and other conveyances of record, and what by deeds 
executed by livery and by Atturnement, And what by his laft will and Teftament, 
hee foe conveyed and gave away all the forementioned maffe of Caflles, Baronies, 
manors, hundreds, Chaces, Parks, knights fees, and other hereditaments in all the 
faid Countyes in England and Wales, and in Ireland and Callais, as that nothing 
remained to his heire ; And made more effecSluall thofe to the king by an A(5l of 
parliament in the 7* of his raigne. 



His Will. 7. H. 7. 
in Cur. Prerog. 

fines in banco. 3. 5. 

6. H. 7. c6es. re- 
cuper : in banco. 
I. 3. s. H. 7. 
divers : cartas in 
ijfdem annis. 
Inq: 7. 8. 9. H. 7. 
in divs: Com. port, 
mort. Marchion. 
Rot: pari. 17. Odt. 

7. H. 7. memor. 
fc»cij 

Trin. 9. H. 8. rot 
primo. 



3lttiJ having in Michaelmas Terme in the feaventh of Henry the 7'.'' by fine 

and other affurances, fetled the manor of great Chefterford in Effex, upon himfelf 

and the lady Anne his wife and the heires of his own body, with remainder to the 

king and the heirs males of his body. As though it was not enough to give the king 

his land, but hee would build him an houfe alfo ; Hee, the eleventh of December 

following, agreeth by feverall deeds under feale, with Carpenters Mafons and other 

workmen, forthwith to build him a fpatious houfe upon the fame manor ; %t which 

time 
s 2 



fin. 7. H. 7. 
in banco. 



carta in caftro 
de Berkeley. 



ija 



€l)c %i\ic0 of rt)c 25crhdcp!e{ 



1463 



time, without a like miraculous, bleffing as was fent to Abraham and Sara, there 
was noe hope of iffue between him and his wife, And himfelf before the finifhing 
could not but fall into his grave, as hee did, as after followeth ; yet hereby alfo 
appeares, | the power of an over-rulinge wife, that for her own end could draw her 
hufbands old age this exceffive building upon a peece of ground wherin neither of 
them, upon the matter, had any longer an eftate then for their own lives. 

^n the vafl: volume of which his fales, none feemes more difpleafmge to his 
poflerity then the fale of his Caflle and Barony of Bedford, and of the honourable 
fervices whereby he held the fame ; beinge by the tenure thereof, at each kinges 
coronation, Ellemofmer or Almoner, havinge for his fee the cloth which the Kinge 
on his coronation day went upon from his hall or chamber to the church doore 
where hee was crowned : And after dinner had the filver difh which ufed of cuftome, 
as the Almefdifh, to ftand before the Kinge at dinner, and one tun of wine : where- 
by alfo hee fold one of his titles of honour, ceafmge thenceforward to be ftiled 
Baron of Bedford : An office of honor which had defcended from the antient family 
of Willm. de Bello Campo, who in the 7'^ of Edward the firfl leaft it to his daugh- 
ters and Co-heires, the eldeft of whom was maried to the lord Mowbray ; and from 
them it came to Willm. de Latimer, and John de Mowbray Earle of Nottingham ; 
and from Latimer, by Elizabeth his daughter and heire, to John Nevill of Raby ; 
and upon the partition of Mowbrayes lands, Duke of Norfolke, was allotted to this 
Marques and his heires, that which to the Dukes of Norfolk appertayned. 

^i^ %lmt^ anix tietjottonjer. 

CljC lands which this lord gave to the prioreffe of our ladies houfe within 
Carleton parke ats Wallinge wells, were of fuch value. That in return thereof the 
pryoreffe and her covent granted to accept him and his heirs for ever as one of 
their founders. And to doe them fuch honor and in fuch fort to pray for them and 
their good eftate, as they doe for their founders in each thinge ; 9fintl to obferve all 
fuch orifons prayers obfervances obites and other divine fervices, for his foule and 
of his heires, and of his fader and moder, and for the good eftate of Dame Anne 
his wife, as the faid prioreffe and Covent have ufed to doe for their founders ; 
And fpetially to pray for the foule of the lady Jane his late wife, and for the good 
eftate of Thomas Stanley Earle of Derby and his heires, and for their foules health 
for ever. 

carta. 4. H. 7. in '^^^ ^•'^^ liberality this lord extended to the pryor and Chapiter of the 

caarode Berkeley. Cathedrall Church of Worcefter ; '^n recompence whereof the faid pryor and 

Covent 



597 



Liberfeod.mittum 

infccio.temp.H.3. 

Rot. fervicr. in 

rubeo libro in 

fccio. fol. 232 

Rot claus. I. R. 3. 

m. 45 

Rot fervic. i. H4. 

m. 2. 

Efch. I. H. 4.poa 

mort Thorn. Ducis 

Norf. Bedford. 

claus I H. 5. apud 

le coronnac. coram 

Rico Beauchampe 

nuper Com.Warw. 

Fin. 8 R. 2. m. 20 

Claus. 7 E. I. m. 

6.8. 



carta, 3. H. 7. in 
caftro de Berkel: 



I 



1 49 1 3lifc of JlBiniam a^arqucjS 25crfeclcp 133 

Covent accepted this lord Marques and the lady Anne his wife into their fpirituall 
fociety and fraternity ; And admitted them to the participation of all the benefits 
workes and merits wrought by them, afwell in maffes hours prayers watches faftings 
difciplines and hofpitalityes ; as in Almes and other benefites which hereafter fhall 
bee done or had in their Cathedrall Church ; 3©itf) this addition from their fpeciall 
grace and bounty, (faith the deed,) That when the deaths of this lord and his wife 
fhall bee intimated to them, there fhall bee as much | faid and done for their foules 598 
as for the brothers and fiflers and other benefaftors of the faid place, and for the 
foul of John ffynes father of the faid lady Anne, and for the foules of the children 
of the faid Marques and of Jane his late wife. 

3I!nll furely this invention of fpirituall fraternityes which are appurtenances or 
annexaries to the orders of ffryars, Nunns, &c. which in thefe times was grown 
frequent, was a prudent and profitable late devife ; for into it lay people of all forts, 
men and weomen, maryed and fingle, defired to bee inrolled ; as thereby enjoying 
the fpirituall prerogatives of pardons indulgences and fpeedy difpatche out of 
purgatory. 

Co t^Z pryor of the fryar Auguftines in London this lord gave in hand one carta : 3 : Nov : 6. 
hundred pounds in money ; 3[n lieu whereof and of other benefits and guifts, (faith Berkeley'^ ™ ^ 
the deed,) which this Marques intends to give to that place, The faid pryor and 
covent agree to fay two maffes prefently and for ever at the altar of our lady and 
of S5 James, where the body of Jane Countes of Nottingham his former wife 
lyeth buryed, between the faid Altars ; And to pray for the profperous eflate of 
the faid Marques and of Anne his now wife, and of Edward Willoughby, Richard 
Willoughby, Anne Beauchampe, Elizabeth Willoughby, and John Whitinge his 
gentleman ufher ; with all the iffue of the faid Marques and Jane ; And efpetially 
for the faule of the faid Jane and of Katharine her mother, fometime Dutches of 
Norfolke, and for the foules of James lord Berkeley and of Ifable his wife father 
and mother of the f? Marques, and of Thomas Berkeley brother of the faid 
Marques, And after the deaths of the faid Marques and Anne Then the faid two 
maffes to bee funge for their fouls alfo ; which they the f? pryor and Covent doe 
promife to doe imto the worlds end ; And alfo to fay a folemne obite yearly in the 
faid place on S' Mathias day in ffebruary for the foules of the faid ladyes ; And 
the like then for the faid Marques and Anne his wife when they fhall die : 3llnb 
that this Indenture of agreement fhall bee yearly read in their Chapiter houfe in 
the feafl: day of S' Michael), for the better performance thereof, as they fhall anfwer 
afore God at the dreadfuU day of doome. [ SUllS 



134 ^&c Xitc^ of tl)c 2S»crheIcp33J 1463 

599 SCnb the fifth of february twelvemonth after in the feaventh of the faid king 
7 H 7 inrar ^^"T ^^^ feaventh, This Marques by his will bequeathed his body to bee buryed 

prerog. in the faid Church of ffryar Auguftines, and gave thereto twenty marks to buy 
veftments to bee ufed at the Altar of S' Rooke there. 311nl> alfo two hundred marks 
more for two fryars there perpetually to finge for his foule, 3Iinb twenty marks for 
two other fryars to fmge in the white ffryars in ffleetftreet at the Altar of S! Gafion 
there, for his own foule, and for the foules of his father and mother, and of his fon 
Sr Thomas Berkeley, for ever : And befides to bee endowed with ten marks yearly ; 
%titi likewife ordained, That another fryar fliould fmge at the gray fryars at Glouc, 
in like maner, for the faid foules ; To the repair whereof hee gave twenty pound 
in money. 

55p his faid will, this Marques ordained, That his wife and other his Executors 
fhould after his death purchafe ten marks yearly rent, therewith to found a Chantry 
at the altar of our lady of pitty at Eppeworth in the County of Lincolne. 

Co fryar John Wikes hee gave twenty (hillings. 3Brt> appointed that his 
executors fhould recompence all treffpaffes and wrongs by him done, in difcharge 
of his foule, as fhould bee proved before them within ten yeares after his death ; 
And this to bee proclaimed in every place where hee hath had mofl refort unto in 
time pafl, after every true and reafonable mans defire. 

iCfje one half of his array, plate, fluffe of hufhold, and of Chappie, hee gave to 
his wife Anne, And the other half to goe towards the performance of his will. 

To I fable Berkeley hee gave twenty markes. 

To Margery Berkeley hee gave five marks. 

To Richard Berkeley hee gave five marks. 

And to twenty other of his fervants hee gave the like legacies : And made his 
wife, the Bifhop of Rochefler, Judge fit^ James, and M' Wythers, his Executors ; 
To each of whom hee gave twenty pound a peece ; And for his overfeers made 
king Henry the feaventh, and the faid Earle of Derby, and John Whitinge his 
gentleman ufher, To each of whom hee gave ten pound a peece. | 

600 ^^ ^'^° '" ^'^ ^'^^ ''""^ S^^^ divers Anuities pentions and fees, whereof thefe 
following are the cheifeft I obferved . viz^ 

3ln 



1 49 1 ll^ife of JDiiUam a^acquejf 22>crtolep 135 

^n the Tenth year of Edward the fourth hee granted to his brother Maurice carta in caftro 

. dc Berkeley* 

ten markes by the yeare for his Hfe, out of his lordfliipp of Nibley, for the great 

fervice hee that year did to him at the incounter with the lord Lifle. 

The fame year in confideracon of fervice, hee granted an Anuity of fower 1. '• *° ^anco 
markes p anii to John Caffey EfqT out of this manor of SHmbridge, for his life, who 
was at the fkirmilh at Nibley green with him. 

^bOUt the fame time hee granted an anuity of five pound p ann to Wittm lord Acq: in 15. K 4. 
Haftings for his life. 

Cl^ 22* of Edward the 4'?' hee granted to Thomas his brother, in confidera- carta in «aftro 
tion of his laudable fervice, an Anuity of nineteen pound p ann : out of his manors 
of Wotton and Hame. 

Sdnb about the firfl: of Henry the feaventh granted an Anuity of ten pound p comp : recept. in 
ann, to the lord Daubeny for his life, out of his manor of Portbury : %nti alfo an 
Anuity of fower pound p ann, to Ralph Skelton for his life. 

3in the third of Henry the. y% hee gave an Anuity of ten marks p ann to carta in caftro de 
Thomas Tiler for his life, who alfo was his generall Receivour. 

Cl^ fame year hee granted to Thomas Sampfon for his life, all his land in carta in caftro de 
Calais, rendring the third part of the revenue. Berke ey. 

^60Ut the fame time hee granted to Sf James Blount an Anuity of ten marks Acq : in caftro de 
for his life out of his manor of Sileby in the County of Leicefter ; Some other the 
like, there were, which I paffe by. | 

l^tjef miiefcenania or tjarioiwf ^a^^a^t^. 601 

25p comon intendment thofe that feek often to the phifition have difeafed 
bodyes ; what conflitution this lord was off not onely his life paft but the many 
pardons hee purchafed from thofe kings whofe laws hee had tranfgreffed, which 
now followe, doe declare. 

C!)C . 171* of March in the 36^ of Henry the fixth, the king pardoned this lord cart: incaftr. de 

Wittm all offences generall. rot. pdon : 36. H.. 

^jjg 6. rot 30. 



136 



€l)c HibCief of tljc 25crfecIcpiQf 



1463 



cart in caftr. de 

Berk. 

rot. pdon : 2. £. 4. 

m. 32. 

Rot pardon : la 
K 4. m : 2. 



Cl^e firft of May in the fecond of Edward the fourth, the king pardoned him 
all offences untill the fourth of November then paft 

C||e 25'^ of May in the IO'^ of Edward the fourth the king pardoned him all 
offences till the 25"? of December then paft. 



carta in caflro de Cl^c twentieth of May in the 1 2'^ of Edward the fourth, the king pardoned 

rot pdon : 12. E. ^'"^ ^'^ treafons murders rebellions and offences untill the firft of September before; 
4. m. 23. whereby hee ftood difcharged from the vifcount Lifles death, and his utlagaryes 
thereupon. 



carta in caftro de 
Berkeley. 



i^e tenth of March in the firft of Richard the third, the king pardoned him 
all offences untill the 2I'^ of ffebruary paft. 



carta in caflro de CfiC 9'^ of December in the fecond of Richard the third, the king efpetially 

" ^^^' pardoned him all offences debts recognizances &c, untill the tenth of November 
before. 



Trin:3. H. 7.cum i^t fifteenth of ffebruary in the third of Henry the feaventh, the king 

rem. e ur . pardoned him all offences and matters whatfoever ; which in difcharge of divers 
debts demaunded of him by proces out of the Exchequer, hee pleaded in Trinity 
Terme after : ^nt or two more there are, which I omitted in my notes. 

fEbC the better difcharge of his houfhold port, when hee abode at Berkeley 
Caftle, which was from the death of his father, untill fuch time as king Edward the 
cllres : in Berkeley fourth with an augmentation of his ftile and honor, drew him to his Counfell table, 
Hee ufed yearly to fend a ftiipp for wines to Burdeaux in ffrance : %xii in the year. 
1477, being the feaventeenth of the faid king, upon returne of his ftiipp, hee 
retained twenty Tunns, for | his own provifion : the refidue the mafter of the fliipp 
had : Some of which charter parties for furniftiing the faid voyages yet remaine in 
Berkeley Caftle, efpetially for the fetting forth of the ftiipp called the George of 
Berkeley, whereof the Cire ftieweth this lord to bee owner, and John Pembroke 
his fervant to bee mafter. 



Caftle. 



602 



/CijC abidinge of this lord Wittm in his fathers life time, was for moft part at 
Portbury, Afterwards at Berkeley Caftle, between which places his ufuall travell 
was by water, and over at the paffage called Crokarfpill ; The paffer whereof in the 

time 



I49I 



Sife of IBiniflm SJ^acquesf 25frftdcp 



137 



time of Henry the fixth, exhibited a petition againft this lord Wiftm to Richard petitiocumThoma 
Duke of Yorke, (father of king Edward the fourth,) then lord of the manor of 
Eafton, whereof one part of the faid pill is accompted to bee parcell ; complaining 
that this lord and liis fervants paffed and would paffe at their pleafure without pay- 
ing anything for their feryage, to the difmheritage of the faid Duke and his faid 
Tenants wronge ; And prayeth, that at the dukes faid manor hee might fhew his 
evidence for his difcharge and freedome in paffage, or els to pay as other men in 
paffmg over there between the two Countyes of Gloucef' and Somerfet, doe pay. 

CIlC firft of January in the 2I'^ year of king Edward the fourth, the Duke of Warrant in caflro 
Buckingham by his warrant charged all his keepers and officers, That whenfoever ^ ^^ ^ ^Y- 
and as oft as the right worfhipfull and his right entirely welbeloved cozen the vif- 
count Berkeley lift to take his pleafure to hunt within any of his fforrefls, parks or 
chaces within the Counties of Kent, Surry, and Effex, That every of them (hould 
give him due attendance, and to make him as good difport as they can, as they 
intend to pleafe him, from year to year and time to time. 

Cl)i^ lord having in the I7'^ year of Edward the fourth been outlawed at the -prin : 17. E. 4. 
fute of Richard Seintle of London for non-payment of debt of 9'', Reverfed rot. 191. in banco, 
the fame by error, for that hee was fued and outlawed by the name of Wittm 
Berkeley of Berkeley knight, whereas hee was at that time one of the lords and 
peeres of the realme ; And for proofe pleads verbatim his writ of fomons to the 
parliament the fame yeare. 

3lntl it is not improper here to fhewe, That this lord dyed indebted to Wiftm Bill in Cane : 
Moore his fecretary for thirty old nobles which hee lent him, | And for. 70? wages, gQo 
for which his brother Maurice was fued in Chancery feaven years after his death, 
by Wittm Gifford Executor to the faid Wiftm Moore, whofe title and proofe was. 
That this lord Marques lying ficke, a litle before his death willed that the faid 
Moore fhould bee paid thofe fums before any others ; which the faid Maurice did, 
though hee was neither heire nor Executor, and not having any Affets in land or 
perfonall eftate from his faid brother ; whereby appeares a great diflance between 
the difpofition of thefe two brothers ; The Marques hatinge Maurice at his death, 
Maurice lovinge his memory and the repofe of his foule after life ended. 

'^n the 33•^ of Henry the fixth, Edward lord Abergavenny granted to this lord carta in caaro 
Wittm the Stewardfliip of Chepftowe in Wales for his life, with the fee of twenty ^^ Berkeley, 
marks by the yeare. 

T VOL. II 



138 



€l)c %i\}c^ of tljc 23crftriqj^ 



1463 



carta in caAro 
de Berkeley. 



3In the 39* of Henry the fixth, Anne Dutches of Buckingham made this lord 
Wittm mafter of her games of Deere, and fupervifor of all her parks forrefts chafes 
and warrens in the County of Gloucefler. 



^n the 31* of Henry the fixth John Mowbray Duke of Norfolke made this 
de Berkeley. ^^''^ Wittm Supervifor of his dominions of Gower and Kilvey in Southwales, and 
his fteward of Chepflowe, for his life, with the yearly fee of twenty pound. 



carta in caftro 
de Berkeley. 



^n the firft year of king Edward the fourth, the forefaid Anne Dutches of 
Buckingham made this lord Wittm Steward of her lordfhip and manor of Thorn- 
bury, for the life of his father the lord James, taking the fees thereto belonging and 
accuftomed ; And at this time was this Wittm foe feared of his fathers tenants, or 
grown foe potent over his old fathers affairs, as none of his Tenants would take any 
leafe or eftate from that old lord, but that they would either have this Wittm to 
confirme the fame by his deed, or joyne with his father in the grant. 



^ittt^ perfonall differences being between this lord Wittm and John Lord 
Beauchamp, afwell for fuch of his fathers goods the lord James as came into his 
hands, as for other caufes, they referred themfelves in the fixth of king Edward the 
fourth to the award of the lord Chancellor and of the Bifhop of Bath, whereto they 
promifed to ftand upon their faiths of Knighthood. | 

604 ^i^ toibcjef. 

<Out of what humor I know not, but longer did this lord folace himfelfe in a 
fingle life then any of his Anceflors from Harding the Dane, neither could any 
perfwafion work him to wivinge in the life of his father : ^ct, in a contrary quality, 
more forward to contradl his own fon and heire at younger years then any of his 
Anceftors, as after followeth. 

CljijEf lord had three wives, who in their fimpathies and antipathies flood thus 
in relation to him : C||C firfl hee loved not, nor fhee him : CljC fecond hee loved 
entirely both living and dead, and fhee him : (CflC third hee loved, and fhee over- 
ruled him for her own ends, to the advancement of her felfe and her kindred. 



Vincent :fol :63i. 



^i0 firft wife was Elizabeth the daughter of Reginald Weft, lord de la ware, 
and of Magaret his wife daughter and heire of Robert Thorly Efq' whom hee 
maryed in the fixth yeare of king Edward the fourth in the third yeare after his 

fathers 



1 49 1 3life of H^illiani a^arquCiS SSctfeelcp 139 

fathers death, then about the age of one and forty yeares : jprom her hee was 

divorced fhortly after, before any iffue had between them, by the fentence of 

Carpenter the Bifhop of Worcefter ; which fhee held, (and I beleeve,) to bee un- 

juft and partially given in his favor ; from which fhee appealed to the Court of 

Rome, and procured thence from pope Paul the fecond, tres compulfary dated the 

twentieth of November. 1467. being the feaventh year of the faid king, to have carta in caftro 

all the writings a6ls fentences difpofitions and myniments touching the faid divorce 

to bee fent to Rome, As by the in[f]trument thereof under feale in the Caftle of 

Berkeley may appeare : ^et hufband and the partiall Bifhop held it wifdome to ftop 

the ftream, ere it flowed to Rome, And foe ended that fute. 

I^otn, for that I have obferved fome differences in opinion amongfl fome 
worthy branches of this family about this lords lawfull or unlawfuU putting away 
of this wife, (admitting it to bee for adultery,) and his mariage with another in her 
life time ; fome of them making this unlawfull A61 one of the greatefl outward 
caufes, (in the eye of man,) of this lords dying iffueleffe after foe hopefull a pofterity 
had, and of | the confumption that followed of his patrimony, with other croffes, 605 
Gods angry hand feeming flreched out againft him in a troubled life ever after : I 
will a litle inlarge my felf upon this point, And tell his poflerity That his fecond 
mariage as I conceive it was adulterous, wherein hee longe lived, and had iffue that 
mifcaryed ; And that though the adultery were proved, and the fentence of divorce 
recorded, yet was not hee foe fet at liberty that hee might, in her life, marry with 
another, as hee did. 

1. f^t0tt the A61 of adultery doth not diffolve the knot, or (as wee fpeake,) 
break the bond of mariage ; for then it would follow That the party offending 
could not upon reconciliation bee received againe by the innocent to former fociety 
of life, without the folemnizing of mariage anew ; which is a thing never heard off, 
and contrary to the continuall pra6life of all churches. 

2. ^ctontlI|i, the fentence of divorce cannot releeve him neither, for there is 
noe lawfull fentence in any Court in cafe of divorce but it ever containeth an exprefs 
inhibition to either party to marry with another ; with intimation in flat termes. 
That from the time that they or either of them fhall goe about an other mariage, 
Quod extunc prout ex nunc, et ex nunc, prout extunc, (it is the ftile of the Court,) 
That prefent fentence upon record fhall bee utterly void to all purpofes, and they in 
the fame cafe as if it had never been given. 

T 2 



I40 



Ambr:in.i.Cor.7- 



€fjc EibCief of tfjc 25crhdcpief 



1463 



3. 3ll0atne, if the comitting of Adultery (hould diffolve manage, Then both 
parties are in the fame cafe as they were before they were maryed, free and at 
liberty ; And then may either of them, afwell the guilty as the innocent, marry 
againe, which is the very gaine the Adulterer or Adulterefs propounds to themfelves; 
And foe would the comitting of fin, bee made gainfull or benefitiall to an offender. 



4. 3(l0atnc, if adultery diffolve the marriage bond and all, (as with this lords 
pradlice it did,) Then not onely every chriftian is excluded from that charity of 
receiving his wife againe, (having been faulty,) to conjugall duties, without a new 
mariage, as hath been faid : but which is worfe, the innocent party, if hee have 
Augufline knowledge of the body of his wife, having been falfe that way with another, fhould 
606 in foe doing comitt adultery himfelf, in as much as hee hath had the | ufe of her 
body that is now none of his ; I fay none of his, becaufe their mariage is utterly 
diffolved by the a6l precedent of his wicked wife, if this opinion bee allowed. 



Iherom 



in Math. 
19. 



5. ^Ugatnc, if at the pleafure of every lewd man, or light woman, by comitting 
the fin with another, they might diffolve as many former mariages, and make way 
to as many new mariages as they lift ; for being weary of the firft, it is but to bee 
lewd of body and prefently the bond is broken, & liberty given to make choice of 
another ; And upomthe like wearinefs, by the like A61, of a third and fourth ; It 
would bring with it a world of troubles and confufions and evill confequences, as 
the fecond mariage of this lord Wittm in the life of this his former wife might have 
done, between his iffue of his fecond mariage and his next brother and heire. 



6. 3llnll againe, if the word of God bee fought to, whether any favor may bee 
had there, it will appear. That duringe the primitive church even till of late years 
the Judgment of many great divines and the prefent pra6lice of the law ecclefiafticall 
were one and the fame, and great reafon why : for the authority of the fathers was 
the ground of the antient Canons, by which the law in this cafe is ruled : Soe that 
but for the opinion of fome later divines, there need not bee fought any oppofition 
between lawe and divinity in this queftion, nor that diftradiion happen, wherein wee 
fee divines to give their hands for licence to that for which law will convent men 
and cenfure them too. 



7. %vSi againe laftly, it feems an unanfwerable ground, viz! That one may not 
in any wife have two wives at once ; for by the originall inftitution there can bee 
but two in one flefli : But this lords wife, though fhee profaned mariage with 

another, 



I49I 



Eifc of IBiniam JH^arquc^ 25crftricp 



141 



607 

Mark. 10. 11. 
Luke : 16. 18. 



another, was not thereby become the wife of him with whom ftiee prophaned, but 

remained this lords wife ftill, whofe firfl fhee was, and whofe only fhee can bee foe 

longe as hee liveth : And the word of God feems to mee plaine in this. The woman Rom. 7. 2. 

is bound to the fflkn foe longe as hee liveth ; Soe that if while hee liveth fhee be- 

cometh another mans fhee fhall bee holden an Adultereffe ; from which very words 

the vow of mariage feemeth to have been framed, which then was and flill is made 

in the congregation by either party, forfakinge all other keepe thee onely unto her 

foe longe as you both fhall live : And againe, To have and to hold for better for 

worfe till death us do part : 5Ilnb thefe plainly fhew, (as I conceive,) That the bond 

of mariage is not broken but by death, And that though fhee fhould become another 

mans, yet | fhee is not become his wife : CfjC places of S' Mark and S' Luke feem 

plaine. That a man having put away his wife cannot marry againe ; And for the 

place of S' Matthew, where it feems to bee qualified with (unles it bee for adultery,) MaA: 19. 9. 

it is all the fhewe that can bee made for thefe manages ; CI)C rules both of divinity 

and reafon are. That when there falleth out any diverfity in places, firfl to expound 

the leffer number by the greater and not contrary, That is one Evangelifl by two, 

and not two by one : Secondly, to expound the former writer, (which is granted S' 

Mathewe was,) by the later that writ after him, as both S! Marke and S' Luke did, 

and not contrary ; efpetially where both may fland, as here methinks both may ; 

They two interpreting it. It is thus, Hee that putteth away his wife, (which but for 

Adultery is not lawfull,) and maryeth an other, comitteth adultery himfelf : l^otDBdt 

becaufe the pofition, that a man putting away his wife for her adultery may lawfully defence of John 

marry an other, is maintained by the learned writings of foe many late juditious ^gj^ 

divines, in mofl of the reformed Churches at this day. And hath foe troubled the 

pulpit in S' Maryes in Oxford, which my younger yeares there heard neere forty 

years agone, I fland an unable man to determine of either opinion, leaving this 

family to the cenfure of this faft of this great lord their Anceftor as it felf fhall 

affedl : 25ut mee thinks, That a wife y' is an Adultereffe doth not ceafe to bee a 

wife, unles at leaft fhee bee manifeflly divorced, and difpoyled of her mariage ringe. 



31 lja\)0 feen an old writing of this lords time, laying the pedegree of this 
Elizabeth to bee the daughter of Reginald Weft lord de la ware, fon of Thorn 
Weft and Jone his wife, daughter of [Roger] lord de la Ware and Alienor his wife, 
daughter of John lord Mowbray and Elizabeth his wife, daughter and heire of John 
lord Segrave ; which John lord Mowbray and Elizabeth his wife had iffue alfo 
Thomas created Duke of Norfolke father of Ifable maryed to James lord Berkeley 
mother of this lord Wittm ; Averring thereby That they were within the forbidden 

degrees 



In caftro de 
Berkeley. 



14^ 



C(je %i\)c0 of tljc 23crftclcpiS 



1463 



608 

Vincents difco very 

of errors fol : 631. 

4. cartae in caftro 

de Berkeley. 

Efch : poft mort 

Wittmi Hallings. 

pat : 15. E. 4. in 

arce London. 

4. cartas in caflro 

de Berkeley. 



pat. roll : 8. E. 4. 



claus:8.E.4.m.i2: 



capt. et recognit. 
30. OiSobris. 



pat: 8. 



E. 4. ps. 2. 

m: 25 : 

609 



degrees of manage^ hee in the third, and fhee in the fourth, And the divorce to bee 
thereupon : ]DI)it]^/ if a caufe then and at this day, then more then twenty maryed 
couples within five miles of Berkeley Caftle, (not to fpread my knowledge further,) 
may bee divorced ; But to this old writing I wholly fubfcribe not. 

S^ijf fecond wife was Jone, (written alfo Jane,) who had formerly been maryed 
to S' William Willoughby, and was daughter, (as M' Vincent faith,) of | S^ Thomas 
Strangwayes and Katharine his wife, daughter of Ralph Nevill Earle of Weftmer- 
land and widowe of John Mowbray Duke of Norfolke ; which Katharine was 
thirdly maryed to John Vifcount Beamond, and laflly to S' John Woodvile ; And 
dyed in the firft year of King Richard the third. 

CfjijEt faid Jone was maryed to this lord in November Anno 1468 . in the 81' 
year of king Edward the fourth ; And for her manage portion brought the manors 
of Kirkeby Malfart, Burton in Londefdale, Thornton, Newfame, Brind, and Grib- 
thorp in Spalding moore, in the County of Yorke, And the manor of Denver in 
Norfolke, for her life, of the inheritance of John Duke of Norfolke, fon of thfe faid 
John ; And one hundred marks p ann out of the kings Cuftoms of London. 

i^t agreement about the mariage of this fecond wife will beft appear out of 
this lords obligation dated the 18'.'' of Oflober in the 8* of King Edward the fourth, 
whereby hee became bound to the Arch-bifhop of Yorke, Robert Danby cheife 
Juftice of England, and to Richard Pigot Serjeant at lawe, in three thoufand pound, 
with Condicon,. That if before Chriflmas next hee maryed Jone Willoughby 
daughter of Katharine Dutches of Norfolke and fifler of John late Duke of Nor- 
folke, And fliall before Candlemas day next following caufe himfelf and her to be 
enfeoffed of the manor of Hame in the County of Glouc', of the yearly value of 
one hundred and threefcore pounds p ann. To hold to them and to the heires males 
of his body, with the remainder to his heires. And alfo fhall permit her to take the 
profits of the faid manors of Kirkby Malfart, Burton in Londefdale, Thorneton, 
Newfam, Brend, and Gripthorp in Spalding moor, in the County of Yorke, and of 
the manf of Donver in the County of Norfolke, And of one hundred marks yearly 
rent out of the kings Cuftoms at London, to bee difpofed of at her pleafure, for the 
maintenance of her felf and her children, and of her weomen fervants, without the 
interruption of him the faid Wittm, Then the faid bond to bee void. 

|@I)tcI) forefaid hundred marks yearly rent out of the profits of the cuftoms in 
the Port of London, king Edward the fourth | had by his tres patents dated but 

the 



149 1 



%if€ of IBiUJam ^acqu£0 2S>erfericp 



143 



the . 18* of Augufl before, granted to the f? Jone fifler of John late Duke of Nor- 

folke, late wife of S' Wiftm Willoughby Knight, To hold to her and the heires of 

her body untill the king fhould provide her of foe much land with like eftate ; And carta in caftro de 

for the other manors, they were the inheritance of her brother the Duke of Norfolke. ^fii'^^s'^y- 

l^rc Joynture from this lord was at feverall times made extraordinary great, as ^^'' ?• ^^'r^^'J^' 
the Caftle and manor of Berkeley, the manors of Hame, Apleridge, Alkington, Berk: 
Hinton, Hurft, Slimbridge, Wotton, Cowley, Cam, Simondfall, Daglingworth, Port- 
bury, and many others : Nothing thought too much, The greatefl too litle, for her. 



SUntl to declare his further affedlion by adding what more hee had to give, hee Claus. 15. E. 4. 

. m. 6. in dono : 

the 28* of January in the fifteenth of king Edward the fourth, gave all his goods 

and Chatties to Thomas lord Stanley, Thomas Berkeley Efqr and others, to difpofe 

off, as their proper goods ; And by another deed of the fame date declares, That 

the former is made to them upon this great trufl. That hee fhall ufe thofe goods 

during his life without their contradi6lion, And if hee dye before Jone his wife 

daughter of Katharine Dutches of Norfolke Aunt to our Soveraigne lord king 

Edward the fourth, Then they by their deed to grant thofe goods and chatties to 

the faid Jone as her proper goods, within ten days after his death. And not to come 

at all to his Executors. 

Chitf Tone by her firft hufband had iffue Edward Willoughby, Richard, Cicely carta: 6. H. 7. in 

csilroQC Hcrkclcv. 
maryed to Edward lord Dudley, and Anne maryed to S!: John Beauchamp knight 

fon and heir apparent of Richard lord Beauchamp in the Twentieth of king Edward ^^oH°'Be keie° 

the fourth ; To whom this lord Wittm, in advancement of her mariage, gave his 

manor of Erlingham for their lives. 

SCnb by this lord Wittm her fecond hufband, fhee had alfo iffue Thomas 
' Berkeley, and Katharine Berkeley. 



CijomOj^ was born that year the lord Lifle was flayne at Nibley Green, as Stow, in vita: E. 4, 
formerly hath been faid ; And on the eighteenth of Aprill in the fifteenth year of 
king Edward the fourth, at the creation of Edward | his eldeft fon prince of Wales, 
and of Richard his fecond fon duke of Yorke, and the faid Thomas made knight of 
the Bath : At what time, though hee was not paft the age of five years, yet his 
father in June following enters into an agreement about his mariage with Mary 
daughter of Anne Counteffe of Penbroke ; And' befides the portion received in 

hand, 



610 



carta : 6. Junij in 
caflro de Berkeley. 



144 



-Cljc Hibe^ of rt)c 23crhdcpitf 



1463 



hand, tooke of her nine feverall obligations of one hundred pound the peece for the 
refidue of the mariage portion of the faid Mary : wherein it was alfo agreed, That 
if fhee dyed before mariage or before carnall knowledge had, And that Wittm then 
Earle of Penbroke had none iffue female within five years after to bee maryed to 
the faid S' Thomas Berkeley, Then the faid obligations to bee voyd. 

3ilB0Ut one year before hee had by the faid J one the faid daughter called 

Katharine, to whom her grandmother the dutcheffe her godmother gave name ; 

carta : 9 : ffebruar And to her in the fame fifteenth year of Edward the 4'^ this lord conveyed his 

^^ de Berkeley^ ^^^^^ ^^ Came in generall tayle, after the deceafe of himfelf and his wife: ]^otDtiett 

both the faid Sf Thomas and Katharine very fhortly after deceafed to the great 

voluntas Marchion forrow of their parents, And lye buryed in the Chappie of Berkeley church w* the 

body of their grandfather the lord James. 



Berkeley. 7. H. 7. 



'CI)OU0{) the manner of thefe two childrens deaths bee by many old tales 
diverfly delivered. As that they fliould dye by the biting of a mad dogg ; others 
that they fhould bee drowned in one of the caftle wells ; And others that they 
(hould fall from off the leads over the Caftle wall ; (all which by feverall perfons at 
feverall times I have heard related,) yet I find not otherwife then that they dyed 
by natures ordinary vifitation. And foe I beleeve. 



carta. 6. H. 7. in 
caflro de Berk : 

611 



SUntl not many years after, (without further iffue,) on S' Mathias day in ffebruary 
in the firft year of king Richard the third, dyed the faid Jone, jifter that her huf- 
bands creation had advanced her to the degree of a Counteffe ; And lyeth buryed 
in the pryory Church of the ffryar Auguftines in London, between the Altars of our 
lady and S? James ; for the repofe of whofe foule her huft^and ordained two maffes| 
to bee there fung for ever, and a folemne obite yearly to bee there kept on the faid 
day, as formerly hath been faid. 



Vincent :fol: 631. 



Catalog : of honor 
fol : 884. 

Comp : Will, freme 
efcaetor: 14. H. 7. 

carta in caflro de 
Berkeley. 



CIjC third wife of this lord was Anne daughter of Sr John ffynes lord Dacres 
of the fouth, and of Alice his wife daughter and heire of Henry lord fit3 Hugh, 
whom hee maryed about two years after the death of the faid lady Jone, towards 
the end of the firft year of king Henry the feaventh, by whom he had noe iffue : 
'^'fyi^ Anne was this lords wife about feaven years, And after his death lived 
his widowe, and the wife of S' Thomas Brandon, almoft the like time : And dyed 
the tenth of September in the . 1 3'!' of the faid king Henry the feaventh, by whofe 
death the faid king had a full poffeffion of all the manors and lands conveyed to 

him 



I49I 



Hifc of IBiniam St^acqucsf l&cvMcp 



H5 



him by this lord Marques ; A great part whereof and of divers other manors fliee divers : comp. in 

held for her life in joynture and in dower, As Came, Cowley, Wotton manor, caftro de Berk : 

Wotton burrowe, Simondfall, Wotton liberty, Arlingham, Slimbridge, Portbury, '^- ^- 7- et : al : 

Alkington, Hintoi-., Hame, Newleyes, and the Warth, H. 7. ibm. 



CI)t|ei lady Anne wrought profitably upon the age of her old hufband both for 
the advancement of her felf and of her kindred ; And, if not the raifer yet certainly 
a continuer of the florme that blew foe unnaturall a vapour between her hufband 
and Maurice his brother and heire. dlpott whom alfo Henry the feaventh played 
as handfomely, in getting from her into his hands forthwith after her hufbands 
death, fuch of thofe manors as lay neareft to Berkeley Caflle, as, Hame, Hinton, 
Alkington, Hurft, and Slimbridge, as though hee had longed for the prefent 
poffeffion thereof ; which hee defires forthwith to fee, as alfo thofe others ftill held 
by the Marques widowe, And in preparation againfl his coming and ten days flay 
att Berkeley Caflle, takes down the hall at Wotton houfe. And makes therewith 
the roofe of the great kitchen in Berkeley Caflle, adding to the fheets brought from 
Wotton five fodder of new lead, whereby that prime manfion feat of Wotton became 
wholly devafled ; which for the fpace of. 280. years had been as a Queen of houfes 
to this noble family ; having thereby nothing left her but ruins and thofe ill witneffes 
of her perifhed beauty, declaring thereby that houfes as well as men have their ages 
and deflines ; In rakeing up of which rubbifh, after John Staunton in the feaventh 
year of king James had pur | chafed the fee farm of the Scite place of Henry lord 
Berkeley, Hee then fhewed mee and others many fignes in guilded bricks flones 
and peeces of timber, digged by him out of the depth of the rubbifh earth, which 
witneffed a perifhed excellency. 



claus : 9. H. 7. m. 
pat. 8. H. 7. m. 
breve de privat. 
Sigillo in Cane : 9. 
H. 7. 



comp : rec : 10. 

H. 7. 

liber in caflro de 

Berkeley. 



612 



And now by the king are Sr John Walfh, Sr Robert Poynz and others, placed 
Stewards Receivors Surveyers baylyes keepers woodwards and porters, over thefe 
manors Caflle and lands, (called in all accompts henceforth in the kings Courts, by 
the name of Berkeleis lands ;) which after threefcore years (fhorter by ten then 
Iheremies Babilonian captivity of the Jewes,) God revifits this family againe with 
all, upon the death of king Edward the fixth, As after followeth in the life of Henry fol : [727] 
lord Berkeley. 



orig : fc»cio. 7. H. 
7. rot. 28. et. 36. 
orig : 8. H. 7. in 
fc*ciorot.i6. et.19. 
et. 9. H. 7. rot. 42. 
et. 13. H. 7. rot. 38. 
et. 21.H. 7.rot. 16. 



M' Mill in his Catalogue of honor maketh this Anne to bee daughter of S' catalog: of honor 
Thomas Strang^ayes, and the widowe of S5 Wittm Willoughby ; And T : T : as '^ = ^ 4- 
hee there afifirmeth maketh her the Daughter of the lord Beamont and of Katharine 

Dutches 



U VOL. II 



146 



€t)e %iMe0 of tfje ^aMci^0 



1463 



Vincent fo : 53. Dutches of Norfolke his wife : 3lln& Vincent affirmeth her to bee the widowe of 
S' Thomas Brandon knight when this lord maryed her ; miftakes on all three fides, 
as formerly appears ; fomwhat by my means corre6led by Mf Vincent in his dif- 
covery of Yorks errors, printed 1622, out of the notes fomewhat before (for the 
Vincent fol : 630. love of truth,) given him by mee, which hee accordingly helped in the later part of 
that booke. | 



613 



^10 0ea\0 of %tmt^, 

Cljijaf lord in the feals hee ufed feems to taft too much of the mother, for in the 
eighth and tenth of king Edward the fourth and other years, before the difcent of 
the inheritance of Mowbrayes land was caft upon him and his fellow Co-partner, 
hee, for his manuall or ire feale ufed the lyon born by Mowbray ; And for his 
greater feale, the Arms of Brotherton and Berkeley in one Efchucheon cornerwife ; 
And for creft the helmet and Bifhops miter ; And for fupporters, two unicorns, 
circumfcribed . S : honorabilis dni Witii de Berkeley et Wotton. Behold the 
refemblances in true proportion. 



Efchaet : 7. H. 7. 

in Com Suflex 

Wigorn : Warr : 

Glouc : 




^i^ tieat[) anb place of Bunall. 

'^CfjiiSf lord in the fifth year of king Henry the feaventh tooke an houfe within 
the precin6l of the fan6luary at Weftminfter for five years at five pound rent, where 
for his more comodious attendance at the Court hee lived till his death, which 
happened on S' Valentines day the I4'^ of ffebruary . 1491 . in the feaventh yeare 
of the faid king, then of the age of 66 . years and three months or thereabouts ; 
whereof hee had fit lord, Vifc', Earle, and Marques, about , 28 . years and three 
monthes ; And lyeth buryed in the Church o£ the Aug^ftine ffryars in London 
aforefaid. 



I49I 



ftjfe of JDiHiam a^arqucief SBcrftdep 



H7 



^ l^bC hitherto in the end of each lords Hfe fet down what lands each of them Exemp : Sub 
left to his heire, whereof I nowe have better means to inform my felf then at any caflro de Berkeley 
time before ; The Inquifitions after the death of this lord Marques in the Counties 8: H : 7. 
of Gloucefter, Warwick, Leicefler, Wigorn, Effex, Suffex, Somerfet, Ebo^, and 
other Counties, ftill fairly remaining in the chappie of the Rolls, And thofe in the 
County of Glouc : under feale in Berkeley Caftle : But when I look into them, I find 
king Henry the feaventh and many other perfons intereffed, and already entred into 
the poffeffion of the great maffe thereof, by their feverall remainders and convey- 
ances therein found : 23ut unto Maurice his brother and heire. Or to his three fons, 
Maurice Thomas and James, all at mans eftate and of apparent hopes, or to the 
fower fons of Thomas his youngeft brother formerly mentioned, I find noe difcent, 
or conveyance of any land at all. 



^n forgetting thefe, I feared this lord had forgot hfs name, for they were all 
the males then living, difcended from the loynes of his father, | and princely pious 
mother : And therefore I hoped for better in his laft will, for, dies dabit quod dies 
negabit, what is not of this day may bee of too morrow ; But quanta de fpe decidi, 
how farr was I deceived in this great Marques ! 



615 



5[ founll in his will that which was more harfh ; To Ifable Berkeley daughter Volunt Marchion 



of his faid brother Thomas, a legacy of twenty markes given her by this lord, to 
bee paid in ten yeares ; And to Margery Berkeley her fifter five markes ; And 
to Richard Berkeley their brother, a legacy of forty fhillings ; And to John 
Berkeley another brother, a remainder of leffe valewe then the leafl of all the 
former legacies : ^anp manors and lands and great legacies given to divers 
ftrangers, for life and in fifee fimple ; but noe more, or other, to any of his brothers, 
nephewes, or neeces. 

^ &arc& that at the making of this will ficknes had bereaved this lord of 
underflanding, but the date and compofure thereof declared it to bee in the time 
of health and memory ; I called to mind that this lords brethren, Maurice and 
Thomas, were adventurers of their lives with him and for him and for the honor 
of their fathers poflerity in the fkirmifh at Nibley green ; That Maurice out of 
brotherly love to him and his honor, upon y' ftiort warning of one night at mofl, 
ftole from his young wife and tender fon, (the hope at that time of both their 
pofterities,) and met him with a fair band of men, M^ Hilpe, and others, fuddainly 

raifed 

u 2 



7. H. 7. in Cur : 
prerog : Cant. 



148 



€l)e %i\ic0 of ttjc 23erkdepj6e 



1463 



raifed from Thornbury, where hee then dwelt, early the next morning neer Nibley 
green ; f^at for his fake and in his quarrel!, both their lives were foe farr in- 
dangered That they flood outlawed for felony, and ranne the hazard of an appeale 
of murder, ftrongly profecuted ; Ci|at Thomas till his death. And Maurice till this 
lords vaft havocking of his patrimony, were as fervants under his diredlion. 

carta in caftro de SUltb carting mine eye into the diftribution of his lands given to charitable ufes, 

Berkeley. ^^^ ^^ pj-^y for foules, I faw the foule of Thomas remembred with an Ave Maria, 

Cicero : and Pater nofler ; but the foule of Maurice, malitioufly and purpofely omitted ; 6 

curvse in terris animae et caeleftium inanes ; This man was born for himfelf and 

616 intended his houfe and family fhould | end in himfelf ; A pofition that the heathen 

abhorred. 



Rot. pari: 17. E. 4. 
m : 12. n? 16. 



Vincent fol : 48. 
49- 50. 



354- 



J^fe was prefent at the parliament in the 17'!' of king Edward the 4'?, when 
George Nevill Duke of Bedford, fon and heire of John Nevill Marques Mountague, 
for want of means to fupport that eftate, was degraded from the degree of Duke 
Marques Earle and Baron; And the reafon by this lord Wittm with other his fellow 
peeres in that parliament then given to bee, for that the law is foe when any 
wanteth livelode to fupport the dignity : for it nothing availeth to have honor to 
difcend to the heire of the houfe, and litle or nothing to maintain that eftate or 
Nevizan filva dignity : A learned civilian holdeth, That diminutis divitijs, diminuitur honor, nam 
nupt : lib. 4. fol : jj^j. cenfus honores, cenfus amicitias ; And that if a noble mans eftate bee decayed, 
hee ftiall noe more, (faith hee,) bee accompted noble, becaufe hee cannot maintaine 
that ftate and title of honor : %v3i thereupon, faith the gloffe, Baro non poteft dici 
baro, nifi fit potens ad tenendum equos et arma : And that when fitting means and 
livelodes are wanting to maintayne thofe great callings and titles of honor, divers 
inconveniences cannot but happen in the Country in which fuch needy nobility fhall 
abide : %nti that learned man concludes. That paria funt perdere vitam ac perdere 
dominium, nam bona temporalia funt vita hominis, et per divitias decus et honor in 
familijs confervatur, et propter paupertatem familise fordefcunt ; A like it is (faith 
hee) for a great man to loofe life, and to loofe lands ; for temporal! poffeffions are 
the life of man. And by Riches is worftiipp and honor preferved in familyes, where- 
as by poverty they grow contemptible ; And therefore this lord leaving nothing to 
difcend upon his brother and heire, hee declared his malice to bee eternall, even in 
bereaving him of the dignity of a Baron : who nevertheleffe is not found to have 
given any other offence then in contefting againft his cutting off the old entaile of 
the Barony of Berkeley, and in eftating the fame and a threefold greater maffe, 

upon 



1 49 1 tlife of IBiKiani Q^arquciGf ^ctMtp 149 

upon flrangers, for aire and vain glory ; forgetting withall the rule of the divine 
lawgiver, £)O0 not to another that which thou wouldeft not another fhould doe unto | 
thee ; otherwife hee would have thought upon his forefathers, And not have expofed 617 
their pofterity to ruine or bafenes, as though hee had defired that all their honor 
and antiquity (hould end in him, and himfelf in his own infamy : |^0t now remem- 
bringe what his own petition to king Edward the fourth had affirmed of his faid 
brother Maurice and himfelf, tO BfC the fons of that lady that was difcended of his 
high bloud ; inflancing that lineage as an argument for favour from that king, and 
for better fpeeding in his fuites ; 25ut God otherwife difpofeth than this Marques 
did purpofe ; And how could hee purpofe good at his end, that did foe litle in his 
life ; 25ut his harvefl; day is come, let him reape as hee hath fowed ; |)CC deferveth 
noe honorable memoriall in this Catalogue of the generations of his fathers. 

€^ aj^Slicatton anD u0t of I)i^ U&. 

I . fBrom the foule life of this lord may bee drawn many faire inftrudlions for his The ufe. 
pofterity ; firft to begin with God in our youth, That our elder years may rellifh 
him the better ; The proverbe is wicked, A young Saint, and an old devill ; for 
quod nova tefta capit, inveterata fapit : All veffells taft of their firft feafonings ; 
^oonc crookes the tree that a good cambrill will bee ; Quickly pricks the tree that 
a good thorn will bee ; Seldome doth that man end well, that began ill ; fjec that 
walketh mad a mile, feldome comes homes wife ; 3J1^ in this lord, whofe ill led life 
in youth grew worfe in age ; 31 man that from the font to the grave, from his 
fwathing bonds to his winding ftieet, walked alwayes byafwife.^ 

2. ^ctontllp not to dipp the tipp of their finger in bloud leaft the wholl body 
bee defiled, as hear wee fee it : Margaret Countes of Shroef |bury, lawlefly powring 6l8 
out the bloud of the lady I fable this lords mother, had the fame meafure returned 
upon the head of her grandchild and heire, the lord vifcount Lifle, by this lord 
Wittm, fon and heire of that lady Ifable; 311nll the cry of bloud in both foe prevailed 
with God, That againft hope and likelihood they left noe iffue to pofterity, as before 
appears ; 311nb it is to bee poted. That howfoever this fa6l may in honor and reputa- 
tion feeme juftifiable, yet evill doing is ever attended with ill fucces ; for this family 
feeth That this their Anceftor who made another childlefs had by the returning 
hand of heaven his own children fhortly after taken from the earth, and the bodies 
of himfelf and his wife, contrary to hope, dryed up in barrennes. 

3. €l)irtilp, 

1 In a floping or flippery manner. — [Ed.] 



*♦ 



ISO €^ %i\ie0 of tl)e f25ei:bckpje( 1463 

3. 'Cl^irblp, not to daube up our titles with the morter of violence or bloud, as 
this lord did, which notwithftanding all poffible art ufed in the fmoothing, yet never 
left fhaking till it diffolved and fell about the workmans ears : gca, and from the 
poflerityes of all this lords brethren alfo, for that their pertaking hands were im- 
brued in the fame bafon, The ftaine whereof remained till fower generations did 
wafh it out, As in the life of Henry lord Berkeley appeares. 

4. f6bUCtI)Ip, That it is not much having That maintaineth a family in a plenti- 
full eftate or maketh rich, for none of this lords Anceflors had fo much as hee ; But 
a provident faving and a wife hufbanding what wee have, which this vaft lord 
neglefling, fcarce found fufificient for his later years, and left nothing to poflerity 
fave a thriftlefs prefident ; which if they ferioufly viewe this example in their own 
meridian of this unadvifed prodigall man, may ferve as a reclaymer from inordinate 
prodigality, And bee a perfwader to difcreet frugality, the true conferver of ftate 
and families. 

5. £llft|)I|>, not to tranfgreffe that morall duty required by God and nature, our 
obedience to our parents ; a commandment which this lord for many yeares groffly 
tranfgrefled. And fped thereafter. 

6. JtiXtt^l?* not to make our malice or difpleafure immortall towards any, but 
619 leaft of all to our brethren or Allies ; An offence of this lords | which I pray the 
heavens may blot out from the remembrance of men, and never bee againe beheld 
in this family. 

* 7. j&eabcntl^Ip, not to bee too popular or ambitious : for mens titles are but 

mens breath, a blafl of air and wind ; 3|f popular titles, the wind of a vulgar pair 
of bellowes ; 3If of ^ higher ftraine, the wind of a guilt pair of bellowes, Soe all but 
wind, j&todl all thou canft, thou art but a fhadowe ; <^tQkt the wall of the gods if 
thou wilt, All thy glory is but vanity ; Slnb under thy name, (man,) are compre- 

Seneca trag : hended all the vanities and miferies of this world, Quemcunque miferum videris, 
hominem fcias : , 

8. <Bt0l^t{)Ip, fith gootineiB? and gxeatnt0 are the true ends whereto each man 
intends. And according to that choice, of being good or great, each man doth frame 
the pra6lice of his life : Sith this lord by choofmg greatnes did nothing benefit 
himfelf but hurt his pofterity, I wifh his prefent heire may, (by this error of his 

Anceftor,) 



1 49 1 tlife of ISffliam SS^cacqm^ 25erftdcp 151 

Anceftor,) after that choice, And furely by being Good hee will be great alfo, And 
better fpeed with God and man. 

9. ^Qldne, it Is not the lead of wifdoms meditations for this lords pofterity to 
confider, how this great lord and Anceftor of theirs was befool'd or flattered out of 
his eftate, or fuffered himfelf foe to bee ; And to obferve the miferable fate of 
princes and great perfonages, to bee eaten up and their pofterities alfo, by flatterers, 
the cruelleft of all beafts, Beafts that bite fmiling ; whereas wife men are never 
much affedled with the applaufes of the rude and unflcilfull vulgar, but hold faft to 
their own well chofen and well fixed refolutions : Every foole knows what is wont 
to bee done, But what is beft to bee done is known onely to the wife : The wifer 
the man, the lefs hee will looke after the vain and popular multitude. 

10. %a0t\p, by the death of this Marques children, and his dying iffueles, his 
pofterity may conceive That hee paid thereby the debt of bloud w"? himfelf had 
fhed; A crying fin, which I pray may never houle in the generations of this family: 
And take his chara6ler from this, That hee was much trufted And received alike 
honors and favors from thofe four kings, Henry the fixth, Edward the fourth, 
Richard the third, and Henry the feaventh ; as oppofite | and difcording amongft 620 
themfelves, as man might bee to man ; And yet this lord held unfufpe6led by each 

of them : But, whether with this ferpentine prudence hee had columbine fimplicity, 
I leave his life to declare, and his pofterity to Judge, and thereafter to make their 
ufe. 



®l)c Cife of iHaurire t()e liftlj ,„, 

€|je Hife of Maurice Lord Berkeley the fifth of that 
name, ftiled in writings, Maurice Berkeley of Thornbury 
Efq' ; 31lttli Maurice Berkeley, brother and heire of William 
late Marques Berkeley; 31nb Maurice lord Berkeley, brother 
and heire of William late Marques Berkeley and Earle of 
Nottingham ; %nti Maurice lord Berkeley ; 31Inb Maurice 
Berkeley, lord Berkeley. 

3flnb was Attavus, or as our Anceflors the Saxons called 
him fiftha fader, to the now George lord Berkeley; And 
wee at this day in Englifh, great-great-great-grandfather, 
or great grandfathers grandfather. 
3llnti may bee called Maurice the Lawier. 
Contempocarp with king Henry the feaventh, from the year 
1 49 1 till 1506. 
tBtiOjSt life I deliver under thefe Nine titles, viz'. 

I. — ^i^ birth and education, fol : 598. 

2. — J^iitf Suits in law, fol : 599. 

3. — «j|)f the Advowfons of Wotton and Slimbridge Churches . fol : 

613, 615. 
4. — ^10 wife, fol : 618, 
5. — J^ijef iffue, fol : 623. 
6. — i^i^ feales of Armes, fol : 633. 
7. — ^10 death and place of burial!, fol : 633. 
8. — Clje lands whereof hee dyed feized, fol : 634. 
9. — Che application and ufe of his life, fol : 636. 

^ The numbers of the folios in paffing from Vol. II. to Vol. III. of the MS. overlap. Vol. II. ends 
with fo. 620, and Vol. III. begins with 597. — [Ed.] 

X VOL. n 



154 Clje %iMc0 of tfjc 25nrhflcpitf 1491 



598 ^10 2&irtt) an& <£liucation. 

Efcha: 8 et^. ^^^ l\XS lord Maurice was the third fon of the lord James his father and of the 
V^ ^ lady Ifable his wife, born at Berkeley in the yeare of our lord 1435, in the 
fourteenth year of king Henry the fixth, if the Inquifitions after the death 
of his brother Marques Berkeley have his age aright ; And now at his age of fifty 
fix years, (by the death of the two elder fons without iffue,) becometh in this. 7'^ 
of Henry the . 7'^ heire to his fathers Barony, but without any of that land ; who 
being the firfl of third feaven, by his induftry recovers all. As Maurice the firft of 
the fecond feaven, by his Rebellion loft: all. 

(Cljf education of this lord Maurice was likewife at Berkeley under his parents, 
untill the forceing of the Caftle by the lord Lifle in the 30'^ of king Henry the 
fixth, and the murder of his vertuous mother in the year after, about the 1 7'^ of his 
age ; what time himfelfe with his father and three brothers were made prifoners, 
holding their lives at the mercy of thofe that hated them, as in the two laft lives of 
this lords brother and father, is at large related. 

3In the fifth yeare of king Edward the fourth, about one year and a halfe after 

his fathers death, this lord Maurice, then in the thirtieth year of his age, maryed 

and lived with his wife at Thornbury, (where of his own and hers hee had faire 

lands, and thereby was comonly called Maurice Berkeley of Thornbury,) untill the 

fifth year after, when hee affifled his elder and younger brothers in the encounter at 

Diverfae cartse in Nibly green, whereat the lord Lifle by them was flaine ; for which fellonious faft, 

cailrode Berkeley, j^^g ^^g outlawed, and inforced for fome time after, (till- peace was made and pardon 

procured,) to withdraw himfelf and leave Thornbury, as formerly is related; whither 

» after hee returned and for many yeares remained. | 

599 f$\$ iEfuit^ in Itatoc. 

%t fuch time as this lord Maurice beheld all his elder brothers Children dead 
without iffue. And the lady his wife whereby hee had them not more likely to live 
then unlikely to have more : when after hee faw her dead, and his brother as unlike 
by reafon of age and other defedls to beget any other : but more efpetially when 

afterwards 



1506 Hifc of ai?auricc tljc fiit^ J 55 

afterwards hee faw his brother remaryed to another wife, as unlikely by reafon of 

her years to conceive, as hee to become a father, his pulfe could not otherwife beat, 

then with a ftrong affurance that himfelf, (at lead his fon,) fhould inherite that eftate 

whereof the Earlr his elder brother was in thofe times feized ; wherein hee was foe 

confident, That upon the mariage of Maurice his own fon and heir in the fecond 

year of king Richard the third, (as at fome other times,) hee covenanted under his 

hand and feale to affure unto his daughter in lawe one hundred marks Joynture by 

the yeare, out of the manors of Came Slimbridge and others, which fhould difcend 

to him after the death of his faid elder brother ; never fufpefting that any paffion 

could foe prevaile as to work his difmheritance of the Barony lands of Berkeley : 

ffaith and Hope can never forfake an honeft man, And every noble creature upon 

earth liveth under hope ; So did hee : 25ut this Accompt hee caft without his hod, 

for within lefs then feaven years hee had nothing that was his Anceftors left unto 

him, or to his fons, in poffeffion, in reall or perfonall eftate, more then a tongue to 

complaine of the injuftice of a brother ; And foe might have flood upon the tune of 

Jobs naked coming, and naked againe returning ; And how that that God that gave Job: cap. i. 

had againe taken away what hee had given ; And have contented himfelf with the 

confideration of fortunes change in this great theatre of the world, and to have 

acknowledged it to bee but as the perfonating of a player, or change of garments, 

on the leffe theatre ; And have faid, 

That man is not unlike a tenis ball, 

Now toft aloft, now dafht againft a wall. 
But hee turned another way, and added a wife induftry to every ordinary meanes ; | 

The date tree mounteth moft, when burden preffeth down, 600 

And virtue moft doth fhine, when fortune moft doth frown. 
And according to the Nobler parts of his excellent fpirit, refolved in this his 
aeconomicall diftreffe to turn every ftone, and to begin with a juditious examination 
of the validity of his brother Marques Deeds of fales, as his firft attempts of rowf- 
ing up of fortune; wherein hee found a greater fpring of Gods mercy flowing upon 
thofe endeavours than at firft hee might have hoped for, leaving thereby a more 
memorable example to his pofterity then himfelf had found in any of his anceftors ; 
which his induftry was foe bleffed from heaven That hee juftly hath the honorable 
teftimony amongft his generations to bee the reftorer of his houfe, and a fecond 
father to his family. 

IDI^ the Inquifitions after his brothers death the Marques were returned into 
the Chancery, which prefented unto him out of all Counties the Alyenations which 

hee 
X 2 



156 



€lje Hibcjef of t^t 25nrferitpiS 



1491 



hee had made, hee then perceived himfelf born under the fame conftellation with 
his father and brother, That with them hee muft enter with fuites and as unhke as 
they to end them but with his own days, which proved true ; In this only different, 
they to defend their old inheritance difcended upon them, hee to regaine part of 
that, (if hee could,) which his elder brother had profufedly given away and fcattered, 
with the fufpention of his Barony. 



'Cf)C firfl of his brothers conveyances which this lord took into confideration 
was the fine leavyed in the third year of king Henry the feaventh of the manor of 
Slimbridge with the appurtenances, (amongft others,) in the County of Glouc; with 
a render therein to himfelf and to the heirs of his body, the remainder to the faid 
king and the heirs males of his body, the remainder to the right heirs of him the 
faid Marques: Hee found withall, Cj^t in Slimbridge was another litle manor called 
carta in caftro de Sages, which his Anceftor Thomas the third had in the time of king Edward the 
third, purchafed of one John Sage, confifling of feaven Tenements and 290 acres 
of Land, of the value of 1 5^ p ann or thereabouts, lying fcatteredly difperfed within 
the parifh of Slimbridge : Here hee efpyed the firft glimpfe of the dawning of a 
faire day, for under colour of that fine, (of the manor of Slimbridge cum ptinen,) 
the king, (the | Marques being dead without iffue,) had entred alfo into the little 
manor of Sages, And as part of Slimbridge manor tooke the rents and profitts. 



Berkeley. 



601 



Rec: in fccio 
Rec:incur.Augm. 



31^f)er0Upon this lord exhibits his petition to the kinge, fhewing that this Sages 
manor, (called alfo Sages livelode,) was an antient manor of it felf and noe part of 
the manor of Slimbridge, nor comprehended in any fpetiall or generall words of the 
faid fyne ; And that the king befides this manor of Sages, had as much in Manors 
acres and rent as was contained in the fine ; %\l which, after furvey taken by 
Comiffion, and certificate from the kings Auditor Surveyor and Receivor, (returned 
into the Excheqer,) being found to bee true, hee was licenced to enter into and 
hold the faid manor of Sages ; And this was the harveft of his firfl labours, and 
part of the crop of five years paines. CljC tenth of Aprill following in the I4'^ 

Rec. cur in caflro yeare of Henry the 7* hee enters and holds his firfl Court for the faid manor of 
^ ^^' Sages, whereat each tenant did atturne and recognize what feverally they held ; And 

carta in caftro de the twentieth of May following, (mindfull of his faid Covenant made upon his 
daughter Anne her marriage,) demifed the faid manor, (by the name of Maurice 
lord Berkeley,) to Wiftm Denis his Ton in lawe for nine years, which was part of 
her mariage portion. 

m 



i5o6 



%rk of a^auricc t|)c f iftfj 



»57 



©i^ fecond onfet was againe upon the king, to whom, (whilfl the former for 
Sages manor was in chafe,) hee exhibits a fecond petition, wherein hee layeth down 
the words of his brothers fines levyed, (with like remainders as aforefaid,) of the 
manors of Berkeley, Hame, Apleridge, Cowley, Alkington, Came, Hinton, Wotton, 
Simondfall, and Arlingham, and of certaine meffuages, lands Tenements and rents 
in Slimbridge, Kingfcote, Horwood, Horton, Nibly, Sherncliffe, Erlingham, Iron 
A6lon, and A6lon Ilger, in the County of Glouc. ; And fhews. That under colour 
thereof John Walfh his Maj'".'' Receiver had taken from him two and twenty marks 
of yearly rent in Frampton upon Seavern, which was not comprifed in any of the 
faid fynes, and whereof his brother Marques dyed in ffee, as of a rent in grofs out 
of the fi manor of Frampton, And was not a rent appertaining to any of the faid 
manors : 3llrfil for proof, layeth down the firft creating of that rent by his Anceflor 
Thomas the fecond in the 33'^ yeare of king Edward the | firft ; And alfo how it 
appeared by the lafl will of the faid Marques That it was not contained in any of 
the faid fines, for that his intent therein was That two Preifts fhould after his death 
bee maintained with the fame to fing for his foule ; And therefore defired to bee 
reflored to the faid rent, And to have tres of difcharge to his Maj''" officers ; which 
was done in the like courfe of Survey and certificates as of Sages manor ; And 
this was the further crop of his fecond harvelL 



Petitio in caflro 
de Berkeley, 
finis Hillar. 3. 
H. 7. in banco, 
fin. Trin. 3. H. 7. 
in banco. 



finis. 32. & 33. 
E. I. in banco. 

602 

carta in caflro de 
Berkeley. 

Voluntas 

marchion 1491. 7. 
H. 7. 



^10 third induflry, (labored alfo whilfl the two former were on foot,) was with 
S'. Thomas Brandon knight, Afwell whilft hee was hufband to Anne the third and 
lafl wife of his brother Marques, As after her death ; between whom upon a fuite 
in Chancery at lafl it was agreed, (fhee being dead,) That the faid S^ Thomas fhould 
fuffer this lord Maurice to receive all the rents and profitts of the manors and lands 
that were his faid brothers, which the faid S' Thomas had to difpofe for the per- 
formance of the faid Marques will, from Michaelmas before. And to releafe all his 
right and interefl in them, and to deliver up all the evidences concerning them. And 
to doe his befl endeavour that others enfeoffed with him fhould doe the like: And to 
juflifie all fuch fuites as this lord Maurice fhould bringe in his name againfl any 
perfons as adminillrator to the faid Marques his brother, for any debts covenants or 
duties due unto him : f^et on the other part covenanting to fave harmleffe the faid 
S! Thomas Brandon from all a6lions that fhould bee brought againfl him as Ad- 
miniflrator to the faid Marques, And to pay all the Marques debts, or to compound 
for the fame : And thus did this lord wifely winde himfelf into the poffeffion of the 
manors of Winge, Segrave in Pen, and little Marloe in the County of Buckingham; 
And into the manors of Sileby, and Mountforrell, and the hundred of Gofcote, in the 

County 



carta : 25. Junij 
16. H. 7.incaftro. 
de Berkeley. 

Bill in cane. 15. 
H. 7. 



carta. 16. H. 7. in 
caflr. de Berkeley. 

Volunt 
Marchionis 
Berkeley. 7. H. 7. 
in cur. prer. Cant. 



15* €t)£ %i\it0 of tlje 22>crfe£lepi6f 1491 



\ 



County of Leicefter, and divers others ; And alfo enabled himfelf to take the benefit 
of his brothers Covenantors, and the better to dive into his titles and conveyances, 
none of which the gall of Anne the Marques widow whilft fhee lived would permit 
him to doe. 

]D{)tIie^t thefe and many other queftions raifed by this lord Maurice were con- 
troverted, the manor of Tetbury in the County of Glouc, and of Maningford Brewes 
in the County of Wilts, the moitie of the manors of Leigh, Cothorne, and Gate 
Burton, in the County of Line, and of Woverfthorp in the County of Yorke, dif- 
603 cended upon him as being one of the two coheirs of the lord Breoufe ; | whereby 
hee was the better enabled both in eflate and reputation to purfue the Weftminfter 
hall warrs, wherein hee dyed imbroyled, as after foUoweth. 

$llbOUt this time a declaration or claime was drawn by this lord and his counfell 
of his title and his fellow copartners to divers other manors and parts of manors, 
and lands, wherein the difcent and title is in thefe words thus laid down, as in an 
old hand-writing of that time in the Caftle of Berkeley appeares ; 

1. in^unte lord Berkeley is cozen and one of the heires of Thomas fometime 
duke of Norfolke, Earle Marftiall and Warren, lord Mowbray, Segrave, Gower, and 
Brewes ; of the Caflle and lordfhips of Holt, Bromfeild, Yale and Wrexham ; That 
is to wete. The faid Maurice is fon of Ifable, fifter of John, fader to John, fader of 
John late Duke of Norfolke, which third John late Duke of Norfolke had iffue 
Anne, married to Richard the fecond fon of king Edward the fourth. 

2. ^ttlXl, That Thomas Earle of Surrey is another Cozen and heire unto the 
faid John third Duke of Norfolke ; That is to fay, fon of John Howard knight laft 
Duke of Norfolke, fon of Margaret fifter to the faid Ifable, and fifter to the faid 
John fader of John, fader of John ; which third John was fader to Anne that was 
maryed to Richard fecond fon to king Edward the fourth. %vSi fo the faid Maurice 
now lord Berkeley is cozen and one of the heires to all the faid three dukes. And 
to the faid Thomas fometime Earle Marftiall and afterwards Duke and fader to the 
firft of the faid three Johns Dukes of Norfolke, &c. and comperciner with the faid 
Thomas Howard now earle of Surrey, and inheritable with the fame Thomas to 
the Dukedom of Norff. Earle Marftiall and Warren, lord Mowbray, Segrave, 
Gower, and Breoufe. 

3- 9Itfn» 



i5o6 aiife of a^auricc tjjc fiftf) 159 

3. ^tttn, the faid Moreys now lord Berkeley is Cozen and one of the heires 
of Thomas fometimes Earle of Arundle, and of Richard fader of the faid Tho' 
That is to fay, fon of Ifable daughter of Elizabeth, one of the daughters and heires 
of the faid Richard late Earle of Arundle, and fifler and one of the heires of the 
faid Thomas. • 

4. Si^ttn, Thomas Earle of Surrey is Cozen and another of the heires afwell 
of the faid Richard late Earle of Arundle, as of Thomas late Earle of Arundle ; 
That is, fon of John Howard knight late Duke of Norfolke, fon of Margaret 
daughter of the faid Elizabeth, and one of the heires of the faid Richard late Earle 
of Arundle, and fifter and one of the heires of the faid Thomas Earle of Arundle. | 

5. ^Itt*^ Thomas Standley knight Earle of Darby is a Cozen and third heire 604 
of the faid Richard and Thomas late Earles of Arundle ; That is to wete, The f? 
Thomas Earle of Darby fon of his moder daughter of the faid Elizabeth late 
Dutches of Norfolke, daughter of the faid Richard late Earle of Arundle, and 
fifter to the faid Thomas. 

6. %\XXKit S' John Wingfeild knight is Cozen and one of the heires of the faid 
Richard and Thomas late Earles of Arundle ; That is to wete, the fon of John 
Wingfeild knight, the fon of his moder daughter of the faid Elizabeth late Dutches 
of Norfolke, one of the daughters and heires of the faid Richard late Earle of 
Arundle, and fifter to the faid Thomas. 

%Xix then in the faid old writinge followeth thus : 
)3I^ll0rantlUni, that the faid Elizabeth late Dutches of Norfolke had two huftjands, 
That is to fay, Thomas Earle Marfhall, afterwards Duke of Norfolke, by whom 
they two had iffue the faid Ifable moder of my faid lord Berkeley and Margaret 
grandmother to the faid Thomas now Earle of Surrey. 

3tnD then thus : 
St^tmorantlUm, that there was a third daughter of the faid Richard Earle of 
Arundle and fifter to Thomas, called Margarett, and maryed to one Lentall, which 
Margarett is dead without iffue : And foe the f? Earle of Surrey, lord Berkeley, 
the Earle of Darby, and Sr John Wingfeild, been heires to the faid Elizabeth late 
Dutches of Norfolke, and inheritable to the moitye of the Arundle lands that bee 
not entailed to the heires males in the form abovefaid. 



< 



i6o €l^c %i\iC0 of tlfc '^(xhAcp0 1491 

5ftfm, George Nevill knight lord Burgevenny is Cozen and one of the heirs, 
afwell to the faid Richard late Earle of Arundle, as to the faid Thomas late Earle 
of Arundle, and inheritable to the moitye of all the manors and Caftles that longed 
to the faid late Earles of Arundle not entailed to the heirs male hooly ; Againe, the 
faid Earle of Surrey, lord Stanley, lord Berkeley, and ST John Wingfeild knight. 
That is to wete, fon of George, fon of Elizabeth, daughter of Thomas late Earle 
of Worcefter, fon of Jane fomtime Lady Burgevenny, the fecond daughter to the 
faid Richared late Earl of Arundle, and fifter and one of the heires to Thomas late 
605 Earle of Arun|dle, and the faid Jane full fifter to the faid Elizabeth late Dutches 
of Norfolke, and one of the heires and compertioners unto the faid Thomas late 
Earle of Arundle : C{)U|^, this antient writing, which I have hear laid down in the 
fame words, Afwell for the great Noblenefs of the Allience and difcent of this in- 
duftrious lord, whofe princely bloud yet ftreameth in the veynes of the numerous 
pofterities of himfelf and of Thomas Berkeley his youngeft brother, and others dif- 
cended of their mother, as before in the iffue of that Thomas and his fifters, and as 
after in the iffue of this lord Maurice appeareth ; As alfo for avoiding of often 
repetitions in the titles which this lord pretended to divers great poffeffions, which 
now doe follow, not otherwife foe fairely to have been avoided. 

Efch : in Corn ^e Inquifition after the Marques Berkeleys death taken in the County of 

Cane York the 3o'^ of Auguft in the . 8'^ year of king Henry the 7'^ findeth a conveyance 
by him made the 23'^ of February in the third year of the faid king, of the manors 
of Donington, Thwaites, Thrifke, Hovingham, Kirkeby Malafard, and Burton in 
Lovifdale, to the ufe of himfelf and yf heires of his body. And for default of 
fuch iffue, To the ufe of Thomas Stanley Earle of Derby, and the heirs of his 
body ; And for default of fuch iffue, To the ufe of the right heires of him the faid 
Marques ; That the Marques was dead without iffue in ffebruary before. And that 
the faid Earle of Derby had entred and taken the proffitts of the faid manors, 
and that this lord Maurice was brother and heire to the faid Marques, fifty fix years 
old and upwards. <©tfjCC Inquifitions alfo in other Counties find the like Con- 
veyances of eftateing of the faid Earle of Derby, for default of iffue of the faid 
Marques, in the manors of Winge, Segrave, and Penne, in the County of Bucks, 
And in the manor of Denge ats Dengy in the County of Effex, And in the manors 
of Epworth, Belton, Haxey, Oufton, and Wrote, in the Ifle of Exholme in the 
County of Lincolne, And in the manor of Alfpath in Meriden in the County of 
Warwicke ; 3Il0ainjeft which conveyances this lord Maurice raifeth his utmoft oppo- 
fition, and foe ftrongly purfueth againft the faid Earle and George lord Strange his 

eldeft 



1506 



%ik of a^auricc tlje f iftfj 



161 



606 



eldeft fon, And after their deaths againft Thomas Earle of Darby fon of the faid carta irrot. in 

George, That the S'."" of November in the 2^'^ yeare of the faid king, (after many jj jj ^ " 

References in five former yeares to divers noble and learned Arbitrators, which bare 

noe fruite,) they came to an agreement ; and a finall peace amity and award, (to ufe 

the very words of the deed of | Award,) by the mediation and advice of their kinf- 

folks and friends, and of Sf John Fyneux cheife Juftice of the kings bench, and of 

S'. Thomas Frowicke cheife Juftice of the Comon pleas, was made between the faid 

Earle on the one part and this lord Maurice and Maurice Berkeley his fon and 

heire apparant on the other part, whereby this lord Maurice had to him and his 

heires the lordfhips and manors of Winge, Segrave, and Penne, in the County of 

Buckingham, the manor of Denge ats Dengy in the County of Effex, and the 

manors of Hovingham Donington and Twaytes in the County of Yorke. ^ntl 

the faid Earle of Derby had to him and his heires the faid manors of Belton, 

Haxey, Oufton, Wrote, Thrifke, Kirkeby Malfard, Burton in Lovifdale, and Alfpath Recov'y. Trin. 

in Meriden, and all lands in any of them. And recoveryes and other affurances rot™2o^Ebos&c. 

were had and fuffered accordingly by either party, each to other. 



in banco. 



i^an0tn0 this fuite, which was longe and chargeable, and againft as noble and 
potent adverfaries as lived in thofe days, and upon whom fliined the favours of the 
time. As many indire6l and collaterall courfes were laboured to barre the titles and 
claimes of this lord Maurice, by collaterall Warranties and otherwife, as wit, money, 
law, favour of time and greatnes could worke ; whereof, (omitting many which I 
have obferved,) I hear only mention three Deeds which the faid Earles procured in 2 Cartae irrot. in 
Aprill in the 13* of King Henry the 7'^, and in Auguft in the I6'^ of the faid king ; Term. 17. H. 7. 
whereby Ifable Harrifon widowe, daughter and heire of Alice, one of the daughters Carta irrot. 22. H. 
of James lord Berkeley and fifter of the whole bloud to the faid Marques Berkeley 
and to this lord Maurice, (for fo the Deeds lay down her pedegree,) releafed to 
the faid Thomas Earle of Derby and his heires all her right in all the faid manors 
perticularly, And alfo in Slagham in the County of Suffex, and in Wiffeld in the 
County of Surry, And in Segrave in the County of Leicefter. %v^ the faid Earle, 
the better to ftrengthen his title, did in the 2o'^ of king Henry the 7'^ give 1300 carta in caftro 
marks to Elizabeth Dutches of Norfolke, to wind himfelf into poffeffion by buying "^ Berkeley. 
out her eftate for life in fome of the faid manors, which (as her death declared,) 
would have fallen into his hands within two yeares after, whereby hee made noe 
very good markett ; yet did this induftrious lord Maurice breake through all barrs 
and obftacles, and prevailed as aforefaid. 

I^otobdt this peace was not fo foundly on each part fawdred, but | that after- 607 
wards it leaked at certaine crannells, which were once againe cemented by an order 
V VOL. II in 



l62 



€l)e fHix^ of t^ ^erhdcpj^ 



1491 



CanceDar in Chancery dated the 22* of February in the 5* year of king Henry the 8'^ made 
between Thomas Howard then Duke of Norfolke, the faid Earle of Darby and the 
lord Maurice this lords fon; whereby two chefts of Evidence remaining in the Rolls 
Chappie were perufed and forted touching thofe manors and lands which were in 
variance, by friends in truft appointed by each of them : which being done, the lord 
Chancellor and the Two cheife Juftices of the kings bench, and comon pleas, did 
the fourth and 7* days of March after in the ftarrechamber, deliver fuch of thofe 
evidences to each party as appertained to them ; Appointing notwithftanding many 
flill to remaine there in two canvas bags in a cheft, which for ought I can find 
fhould remaine there to this day. Anno. 1628. which through want of leifure I have 
not fearched after, and only talked thereof with the Ufher that keeps other huge 
heaps and chefts there alfo. 



Ordo in Cam 
Oett s- H. 8. 



carta in cadro de 
Berkeley. 



3llti> fomewhat to fattisfie Curiofity and to enlighten the legall part of this 
lords life and his fons, I tell his pofterity, That this lords titles to the faid Manors 
of Thifke, Hovingham, Burton in Lovifdale, and Kirkeby Malfart, fomtime parcell 
of the lands of Roger le Bigod Earle of Norfolke, And to the manors of Epworth, 
Oufton and Haxey members of the faid manor of Thrifke, were derived from the 
grant of king Edward the fecond to his brother Thomas de Brotherton and Mary 
his wife, and to the heires of their bodies ; And to the manors of Segrave in Penne 
in Coin Buck ; and Twaytes in Coin Ebo^, and to Doningworth in Coin Suff. by an 
entaile made to John lord Segrave, and Margaret his wife daughter and heire of 
the faid Thomas Brotherton. 51lttb to the manor of Winge in Com Buck, by an 
entaile made by Richard Earle of Arundle to Thomas Mowbray duke of Norfolke 
and Elizabeth his wife, daughter and coheire of the faid Richard the Earle : And 
fo to thefe and other manors layeth the difcents as aforefaid ; Concluding, That in 
the partition between the Howards and his brother Marques, thefe were alotted to 
his faid brother, whofe heire hee was. 



petitio in Cancett 

in cafl.ro de 

Berkeley 

Rec : in fccio 8. 

H. 7. rot. 16. inter 

origin cum rem 

Thefaur. 

608 

Accoincuraugm: 

10. et. n. H. 7. 

deBerkeleis lands. 



I^ott) falleth this lord upon an adverfary fomewhat lefs potent, but more bitter 
then any of the former ; And by the name of Maurice Berkeley lord Berkeley ex- 
hibits his bill in Chancery againft Sf Robert Poyntz of A6lon knight, then an Efqf 
of the body to King Henry the 7'.'' and whom that king a little before had made his 
Steward of the manor and hundred of Berkeley ; demaunding thereby to have 
divers evidences which hee detained from him | touching his manor of Dagling- 
worth in the County of GIouc, entailed upon him from divers of his Aunceftors, and 
whereof, (as fpeaks his bill,) hee was peaceably poffeffed and feized. 

Su- 



1506 Hifc of a^autice tt^t f ift|j 163 

Sir Rob' Poyntz, (fcornfully flighting as it feemes the honor of the pit and his Refponfit ^ 
title of lord Berkeley, and perhaps the rather becaufe hee was the kings high h. 7. rot. 16. 
Steward of that honor and Barony,) maketh anfwere to the Bill of Maurice 
Berkeley Squire, And faith, That that manor of Daglingworth is his rightfull in- 
heritance difcended to him from his Anceftors, for which hee hath a Scire facias 
hanging againft the faid Maurice at the comn law for the recontinuance of his right 
in the fame, And foe Juflifieth the keeping of whatfoever evidence hee hath. 

i^[!^0 lord Maurice taketh notice of the defendants flighting of his honor Replicatio 
dignity title and flile of lord, And thereupon in his replication to the faid Anfwere, 
enlargeth his ftile, and faith. This is the Replication of !3l^untC lord Berkeley 
brother and heire of William late Marques Berkeley : 5!!tU> further faith, Cfjat after 
the death of the faid Marques Berkeley his brother, one efpetiall Deed of the faid 
manor with an obligation of a great fum concerning the right title and fecurity of 
the fame manor to and for the Anceflors of him the faid lord, and for the fuerty 
of him the fame lord and his heires in the fame manor, with many other evidences 
belonging to him the faid lord Berkeley, were (amongft others) in a cheft within the 
Gray ffryars of London, which cheft afwell for the fuerty of divers evidences per- 
tayninge to the kinge, as for the evidences ptaining to him the faid lord Berkeley, 
was fealed up by William Maryner then comon preift to the Cardinall Archbifhop 
of Canterbury, unto the time the faid S' Robert Poyntz, pretending title without 
ground or caufe to the faid Manor, by fmifter, and corrupt meanes came to the faid 
cheft, and there with an hott knife loofed the under part of the wax of the fame 
feale from the fame cheft, and opened the cheft and fearched all the evidences 
therein at his pleafure ; And thereupon took away the faid deed of entaile and obli- 
gation, with divers other evidences concerning the faid manor, which were in the 
keeping of the faid Marques, and put there by him fafely to bee kept to the ufe of 
him and of his heires, whofe brother and heire hee the faid lord Berkeley now is, 
And therefore for the faid evidences hath fued a fubpena againft the faid Robert ; 
And that his fuing of his Scire facias is but to colour his wrongfull keeping of the 
faid evidences from him the faid lord Berkeley. | 

iCljC defendant S' Robert rejoyneth, and in the title of his rejoynder feemeth 609 
more to flight the honor and ftile of this lord then before ; faying, CtjiiGt is the re- Rejoynder 
joynder of S'. Robert Pointz knight to the replication of Maurice Berkeley, (omitting 
the word Squire, which formerly in his Anfwere hee had beftowed,) And faith. That 
after the death of one John Walfh who held the faid houfe in the gray ffryers in 

London, 

Y 2 



1 64 Clje %i\it0 of tfye 23erhricp^ 1491 

London, And before hee the faid S' Robert entred or dealed with the fame, an 
Inventory was made of all fuch goods as the faid Wallh had in that houfe, and 
prayfed by the faid Maryner, then being preift to the faid Cardinall ; At which time 
the faid Maryner found three chefts there well locked with evidences, which hee 
then fccded with his own Scale ; And after hee the faid Sr Robert tooke the houfe 
of the Warden of the faid ffryers for certaine years, and found there the faid three 
chefts locked and fealed with the feale of the faid Maryner, (hee fkippeth over the 
opening,) which three chefts after that time at the fpetiall labour of the faid 
Maurice, and by the comandment of Sf Reginald Bray knight, a Councellor of 
ftate, were delivered, fealed with the fame Scale of the faid Maryner, to Wittm 
Heydon and Thomas Try, with other fervants and freinds of the faid Maurice ; 
And further that the Scire facias was fued to recontinue the true title of him the 
faid S' Robert, longe before the faid Subpena had againft him. 

'Clje titles of either of the faid parties made to the faid Manor of Dagling- 
worth ftood thus. 

]!lalp{) ^lUtty (in whofe name the faid manor had continued for many difcents,) 
entailed the fame upon Ralph his fon and Elizabeth his wife, and the heires of the 
faid Ralph the fon begotten on the body of the faid Elizabeth ; who had iffue John 
Bluett, who had iffue Elizabeth marryed to S^ James Berkeley, who had iffue James 
lord Berkeley father of the faid Marques and of this lord Maurice, i^l^t James 
lord Berkeley afterwards enfeoffed Richard Venables and others of the faid manor 
to certaine ufes ; and after by fyne the faid lord James and Ifable his wife granted 
the fame to Nicholas Poyntz and Elizabeth his wife and to the heirs of the faid 
Nicholas, who was father of Sf John Poyntz, father of this Sf Robert ; The eftate 
610 of which Richard Venables ] and his fellow feoffees the faid Marques Berkeley had 
from whom the faid manor difcended to this lord Maurice as to his brother and 
heire, who entred, and thereby was remitted to the entaile made by Ralph Bluett 
the father. And foe is feized ; And foe alfo. That the faid lord James his father and 
other parties to the faid fine, had nothing in the faid manor at the time of the fyne 
leavyed. 

Cljcrc was alfo banded with like bitternes one other fuite at lawe between this 
lord and the faid Sr Robert Poyntz, for certaine other lands in Daglingworth and 
Cirencefter, whereto S' Robert made title under a guift in taile made by Ponce 
Poyntz, fon of Nicholas, unto Thomas Poyntz and Alice his wife and to the heirs 

of 



i5o6 %ik of a^aucicc tljc fiftlj 165 

of their bodies ; And layeth down, That the faid Thomas and Alice had iffue Robert 
Poyntz, father of Nicholas before mentioned, who by Elizabeth his wife had iffue 
John, father of the faid S^ Robert pit. in the Accon. 25ut this lord carryed the 
aftion and faid lands againft him by like nicety as before. 

3f fjtltlC often obferved, afwell in the titles and fuites which I mention in this 
lords life, as in divers others which I purpofely omit, (becaufe the lands are longe 
fince alyened from this family,) Cl^at the pinches 8c advantages which this lord, and 
after him his eldeft fon Maurice, (no way inferior to his father,) took to divers 
manors lands fervices and tenures, to help themfelves in pleadings and in evidence, 
were foe witty foe ftri6l and foe nice, (landing, (as I may truly fay,) oftentimes 
upon differences without diverfities. That I have wondered, reading the ftraines of 
Counfell, That they would faften upon fuch pinches and extremities, and againft 
adverfaries foe potent ; And more, how they could bring them to foe gainfull Con- 
clufions, for they ever gained the whole or part ; But as they ftood in need of land 
to rebuild their houfe which their vaft Anceftor the Marques had burned down, Soe 
were they learned made wife by adverfity and experience, and excellent Solicitors 
in their own perfons : %vii fuch as the Sollicitor is, fuch commonly is the fucceffe : 
They knew how to take every advantage, but to give none. 

Ctpon this double fuite between this lord and S' Robert Poyntz, (as the root 
from whence the bitternes of many after years contentions did fpring,) I might in 
due courfe of Storey fall upon the perticular enumeration of thofe fucceffive fuites, 
riotts and braules that afterwards | too often burft forth and bluftered between 6ll 
their feverall pofterityes, for five or more difcents togeather, and which were fcarce 
perfedlly cured when the late lord Henry dyed ; Yet was an intermarriage between 
their grandchildren for that effeft fpetially ; 2S»Ut I am unwilling to take any occa- 
tion to ravell one thread of that coate which among kindred fhould bee feamlefs; 
Unfavory vapours will faft enough arife, (fith truth of ftory will not permitt the 
omiffion,) and let him that loveth the aiery memory of fuch contentious paffages 
feek them in their feverall places ; my pen (hall bee noe index therein. 

^tXC alfo might not unfitly bee taken to confider the ground which might lead 
the faid Sf Robert foe to (light this lord Maurice, as in a kind to untitle and diflord 
him ; 311nJ> whether this Barony of Berkeley at this time ftood foe fufpended in the 
poffeffion of the Crown, by reafon of the Marques Berkeleys entaile made to kinge 
Henry the feaventh and the heirs males of his body, as that this Maurice was really 
noe Baron nor Peere of this Realme ; 25ut time fhall bee taken for examination 

thereof 



1 66 



€!)e %i\}e0 of t^ flSkxMcp^ 



1491 



A(£l of Parliam. 

19. H. 7. 

mem in fccij. Trin 

Terme. 9. H. 8. 

rot I. carta in 

caflro de Berkeley. 



fol : [654] thereof in the life of the lord Maurice this lords fon, being unwilling to make foe 
large a digreffion in the midft of this lords lawfuits, whereto I now againe returne. 

%fttt long attendance at Court, many petitions delivered to the king, many 
freinds rayfed not without great expences and greater promifes, at the laft the lord 
Maurice obtained the kings dire6lion to have an Ad; of parliament paffed in the 
I9'^ yeare of his raigne, to make void two former Afts of the 5* and 7'.** of the faid 
king Henry the feaventh ; whereby this lord obtained the manor of Chefterford 
with the Advowfon thereof in the County of Effex (where his brother was in build- 
ing at his death, but not for him,) The fourth part of the manors of Brighthemfton, 
Cleiton, Middleton, Meching, Seford, and Alington ; And the fourth part of the 
moitie of the manors of Cokefeild, Hunden, and Kymer ; And the fourth part of 
the moitie of the Chace of Cleres, the Forreft of Worth, the Burrowe of Lewes, 
the Barony of Lewes, the profits of the Courts of No mans land, and of 36^, 2\ 
rent in I ford, in the County of Suffex ; And of the fourth part of the manors of 
Reygate and Dorking ; And the fourth part of the moitie of the Toll of Guilford | 
and Southwerke, in the County of Surrey : And of the fourth part of the manor 
of Tyborne ats Marybone in the County of Middlefex ; to bee reflored to him and 
his heirs, which (amongft many others,) his brother Marques Berkeley had conveyed 
to the king, as in his life is mentioned. But the faid A6ls of the 5'? and 7* years 
of the faid king to fland in force for all the other manors and lands mentioned in 
either of them. 



612 

Inq: 9. H. 7. pofl. 

mortem Marchion 

Berkeley. 

Fin : in banco. 5. 

H. 7. Micftas 

terme. 



cart 16 Febr, 

19. H. 7 

cart. 2 Julii, 

19 H. 7 

Pafch 19. H. 7 

in banco 

Hill rec. 19. H. 7 

rot 22. in Sccio. 



carta in caflro de 

Berkeley. 

Ptita coram rege 

in cane: 19. H:7. 

in filas : in le petty 

bag. 

carta: 16: Decetii: 

6. K 2. m : 14. in 

arce Londofi. 



5111 which manors and parts of manors and lands and other profitts in the faid 
Counties of Suffex, Surrey, and Middlefex, this lord Maurice within four months 
after conveyed to George Nevill lord Burgevenny and his heirs, (retaining the reft,) 
in which Affurances his two fons Maurice and Thomas Berkeley joyned with their 
father ; And for performance of the Agreements bound themfelves in 30oo''- bond 

the peece to the faid lord Burgevenny. 
« 
^n May in the fame 19*? year of king Henry the 7* this lord Maurice exhibited 
another petition of right to the king, praying to bee reftored to the manor of 
Bofham in the County of Suffex ; wherein hee layeth down his title by the grant 
of king Edward the fecond in the fixth of his raigne, made to Thomas de 
Brotherton his brother and to the heirs of his body, drawing down the difcent of 
that eftate taile to himfelf as heir therunto ; Shewing, That upon his brothers 
pertition with Thomas Howard Earle of Surrey, the faid manor (amongft others) 
was allotted to his faid Brother and his heires ; And alfo the fine of his faid brother 

leavied 



i5o6 



Hife of a^auritt tijc f ifrtj 



167 



leavied of the f? manor in the fourth year of king Henry the feaventh, with a 
render to himfelf in taile, the remainder to the king and the heires males of his 
body, the remainder to his own right heirs ; And foe by avoiding the difcontinu- 
ance, declareth himfelf to bee in right of law remitted, praying in conclution of his 
petition That juftice and right thereupon may by the king bee done unto him ; 
whereto, (after his title and truth of his petition found by ofifice pticularly in the faid 
County the fame yeare,) the king was outed and this lord reftored to his faid manr 
of Bofham, which yet remaineth with his poflerity, Anno 1628. 



Cfje like peti?nn of right in the fame 19* year this lord exhibited to the faid 
king, praying therein to bee reftored to the manor of ffenyftanton in the County of 
Huntington ; wherein hee layeth down his right under a | fyne leavyed of the faid 
manor (amongft others) in Michmas Terme in the 19* yeare of king Edward the 
third by John lord Segrave, with a render to himfelf and to Margaret his wife and 
to the heirs of their bodies ; And fo deduceth down the difcent of the eftate taile 
to himfelf, and making title as formerly is mentioned in the reftitution of Bofham : 
And after the like courfe holden for finding his title in that County by Office, the 
hands of the king were removed, and this lord reftored to his manor of ffenyftanton : 
]@{)icf) two reftitutions being exemplyfyed togeather under one feale in Odlober in 
the 2 2'^ of king Henry the feaventh, are expreffed therein to bee ad requificoem 
Thome Try, &c, at the requeft of Thomas Try EfqT one of the Cozens of the faid 
lord Maurice, S)ttIarin0 thereby the ambition of a Sollicitor to have his name kin- 
dred and diligence perpetuated to his mafters pofterity : A modeft pride wherewith 
the obferver obferveth himfelf to bee in part infedled, as hath already appeared in 
the pedegree of his wife and Children laid down in the life of Robert the firft ; 5lInlJ 
this proceeding of this noble lord in this petition of right is to all pofterity made a 
prefident in the new book of Entries, printed, 1614. unter that title of Petition de 
droit, from fol : 428 to fol : 434 . which I wifti the lord George may read ; to value 
aright the worth of this lord his Anceftor, and to imitate his induftry for his prefi- 
dent ; 3llnll the faid Thomas Try ftiall for the perpetuating of his memory and 
fervices in thefe times to this noble houfe have this teftimoniall of mine avowing, 
C{)tlt fince his death this family hath not been ferved with a wifer nor more induftri- 
ous fervant and follicitor ; 3@{)it{) I wifli may alfo incite others to like diligence and 
fidelity in the generations of this family which are to come. 



ex filac : cane : in 

petty bag. 19. H. 7. 

carta exempt. 

613 

finis in thefaur. 

recept: fc»cio. 19. 

E.3. 



Ptita in Cane ; 
19. H. 7. 
Exempt : 



liber Intration ; 
imprefs. 16 14. 
fol. 428. 



'CljC 17*!" of March in the fame I9'^ year of king Henry the feaventh, this a6live Ptita in Cane 

;in that 
Juftice 



lord exhibites one other like petition of right to the king, praying therein that h?ie petty bagT 

Advocatio de Wott 



< 



i68 



€l)c Eibcief of tfje 55crftdcpjtf 



1491 



6x4 



Hill. 2. E. 4. rot. 

325. in banco. 

micHas. 2. R. 3. 

rot. 453. 

Pafch. 2. R. 3. rot. 

147. 154. 

Cane. 5. et 7. H. 7. 

meinifccij.g. H. 8 

Trin. rec. rot. i. 

ASt: 19. H. 7 :in 

Cane: 

Wotton Advowfon 

carta: dat : 16. 

Marcij 19. H. 7. 



Trin. Term. 20. 

H. 7. rot. 825. in 

banco the 



Juftice and right may bee done unto him, and to bee reftored to the Advowfon of 
the Church of Wotton in the County of Glouc. ; And for his title of right thereto 
layeth down the fine leavyed by his Anceflor Thomas the third in the 23* year of 
king Edward the third of the faid Advowfon, (amongfl other things,) with a render 
therein to himfelf for Hfe, the remainder to Maurice his fon and heire and to the 
heires males of his body, &c. as in his life is declared : Which eflate in taile this 
lord deduceth down to his brother Marques Berkeley and himfelf, and fheweth how 
his brother in the third year of his highnes raigne leavyed a fine thereof with a 
render to himfelf and the heirs of his body, the remainder to his | highnes and to 
the heirs males of his body, the remainder to his own right heires ; And how that 
upon the faid Marques death in the feaventh of his raigne without any iffue, hee 
the faid Maurice was remitted to his old eftate taile created in the 23* of king 
Edward the third ; Wf^ettUJ^On after this lords title by Inquifition and the advice of 
the Judges of both benches taken and the kinges warrant to Hubart his Atturny 
generall hee was in June following reftored to the faid Advowfon : Wherein 
appeareth this lords admirable diligence and wifdom in effedling a fuite of fo longe 
a courfe in two Termes only : And the more becaufe hee then had the fame title 
and right without any difference unto the Caftle and barony of Berkeley, and to all 
the manors comprifed in the faid fine of the 23'^ of king Edward the third : 3ClU> 
perhaps moft of all, in that hee by a prudent and quick carriage of his buifinefs 
blindfolded the eyes both of the kings Attorney and other his learned Counfell, and 
the Judges of both Benches and Court of Chancery, from underftanding either a 
Recovery fuffered in the. 2 : E. 4. thereof, and of the manors of Wotton, Simondfall, 
Cowley, and others, or the recoveries his brother Marques fuffered in the fecond 
of king Richard the third, whereby the faide entaile was docked ; Or the A6ls of 
Parliament in the s'."" and 7'^ years of the fame king Henry, whereby the Marques 
affurances to him made were made good & confirmed, evidently appearing by their 
inroUments both in Chancery and Exchequer ; %v^ then imediatly alfo obtaining 
the faid Aft of reftitution in the prefent Parliament, whereinto hee caft thefe 
manors of Bofliam and Fenyftanton and the faid Advowfon of Wotton, repealing 
the former A6ls of the 5^ and 7'^ of king Henry the 7'^ as hath been faid. And 
this lord thus being feifed of this Advowfon of the Church of Wotton, Hee, 
according to certaine Covenants which the 16*? of March before had been agreed 
upon between him and Maurice and Thomas his fons on the one part. And the 
Abbot and Covent of the Monaftery of Tuexbury on the other part, For the affur- 
ance of this Church of Wotton to that Monaftery before the 13'!' of July next; 
Now they imediatly upon this reftitution affigned the fame accordingly. And noe 

fooner 



1506 



%ik of a^autice tl)c f ift|) 



169 



fooner in effedl was that Monaftery thus feized thereof, but they the fame yeare 
found means to appropriate or incorporate the fame to their houfe, As the compofi- 
tion about the Viccaridge fhews : What time 20 . marks was thought a competent 
living for the Vicar, to bee paid in | fruits and not in money as now it is ; which at 
this day Anno. 1628. is more than fourty pounds per anii. And this Advowfon 
was continued in leafe at the yearly rent of 33'; to that monaftery till the diffolution 
in the 31'.'' of Henry the 8'^ ; And fo refted in the Crown till that king by his L"! 
patents dated the 11''' day of December in the 38* of his raigne, gave the fame, 
(amongft other poffeffions of the value of 2200I p Ann) to Chrift Church Colledge 
in Oxford ; And is at this day by the Colledge feverally demifed to Bedle and 
Purnell, with foe poore an allowance to the Minifters both of Wotton and of Nib- 
ley, (a Chaple thereto,) that it fcarcely fufificeth for the bread of thofe that ferve at 
the Altars. 25ut I would not have this family ignorant. That in~the third year of 
Queen Elizabeth the lord Henry Berkeley impleaded the faid Colledge for the faid 
Reftory of Wotton Underedge, and in the year following came to an agreement, 
whereby the Colledge granted to the faid lord Henry and his heires, the Advowfon 
and patronage of their Vicaridge of Tetbury in the fame County, upon condition 
that they might quietly hold the faid Redlory of Wotton againft him and all claim- 
inge from him or under his title or in his name, f^n recompence whereof this 
lord Henry acknowledgeth That the Colledge hath good title to the faid Re6lory, 
for that the fame was by his Anceftor the true Patron thereof granted to the Abbot 
and Covent of Teuxbury, who after by licence from the king with the confirmation 
of the Bifhop of that Diocefe incorporated the fame, And that king Henry the 
Eighth, after the diffolution of that Monaftery, fufficiently conveyed it to the 
Colledge, And therefore acknowledgeth himfelf fully fattisfyed of their right, and 
promifeth to make them further affurance at any time within two years after ; 3llnb 
how before, in time of Queen Mary, ftiortly after his reftitution to the manor of 
Wotton hee prefented to this Church one Knight, who had been his Tutor, 

who was admitted inftituted and indu6led, And, (notwithftanding the Colledge fuite 
againft him,) continued Incumbent there till the time of the faid agreement, and 
then this church returned to the Colledge as an impropriation againe ; In which 
condition it ftill remaineth. 



Recovery, et 525. 
et ptita. 20. H. 7. 
rot. 532. 

615 



rss Irrotul in cane : 



carta dat. 19. 
Nov. 4. Eliz : in 
caflro de Berkel : 



Annis. 4. & . 5. 
Pfi : & Marr: 



5fn the fame 19* year of king Henry the feaventh this reftlefs lord attempts 
for the Advowfon of the Church of Slimbridge ; And according by his ) deed dated 
the 16* of January Anno . I9'^ H . 7 . prefents Edward Bromfeild, Clarke, to 
Silvefter Biftiop of Worcefter, to bee by him admitted to the Re6lory of the faid 

church 



Slimbridge 

Advowfon. 

616 

carta in caflro de 

Berkeley. 



Z VOL. II 



<i 



170 



€^c EilJCjBf of ttc 23n:hricpi6{ 



1491 



Pafch 



19. H. 7. 
in Banco. 



Carta in caflro de 
Berkeley 



church, then void by the death of David Liare late parfon there ; which to doe the 
bifhop refufeth ; whereupon this lord brings his Writt of Quare impedit againfl; the 
faid bifhop of Worcefter, and againft Richard prefident of Magdalen colledge in 
Oxford, (who then was alfo bifhop of Hereford,) and the fchoUers of the faid 
colledge, and Robert Thay the then incumbent of the faid church : During the de- 
pendancy of which Quare impedit. All the parties by their feverall obligations dated 
the 20'.'' of Aprill . Anno . 2o'^ H . 7'? fubmit their titles to the award of Robert 
Brudnell and William Grevill, ferjents at lawe ; who, having heard the Counfell of 
both fides, and fubflantially (faith the award) underftood their titles, Awarded, that 
the faid prefident and fchollars fhould hold to them and their fucceffors the patronage 
prefentment and guift of the faid Advowfon : And that this lord fhould difcontinue 
his faid Writt of Quare impedit, and fhould make fo them fuch further affurance as 
their Counfell fhould devife, but that before fuch affurance the faid prefident and 
fchollars fhould pay to this lord Twelve Pounds ; which they did. 3BI)crrupon a 
difcontinuance was had, and a Coiiion Recovery was fuffered of the faid advowfon, 
and the fame accordingly fettled upon the colledge and their fucceffors, where it ftill 
remaineth, Anno. 1628. <0n the other part the colledge, (to ufe their own words,) 
in acknowledgment of this lords conveyance, and of his fingular devotion and ardent 
affeftion, and of his manifold benefits which hee had fhewed to them, they in re- 
compence thereof, willing to requite foe great courtefies with fpirituall fuffrages and 
prayers for his foule, and of his progenitors, doe grant that hee fhall dayly and for 
ever henceforth and his poflerity bee made partakers of all their prayers and fuf- 
frages, in their collegiate church by them to bee celebrated, without fraud : And that 
when hee fhall die, that in convenient time after notice had, they will hold his obite, 
pricke fonge. with the placebo and dirige, and the maffe of requiem, in the morrow after, folemly 
and with note ; ffor performance whereof they bind themfelves to this lord and his 
heirs for ever. 



Trin : 20. H. 7. 
rot : 350 in banco. 



Carta dat. 30 maij 

20 : H. 7. in caflro 

de Berkeley. 



5Cllb though in the laft forty years I have known, that Tirer, Savage, and others, 
by obtaining the tres of Henry lord Berkeley to the prefident and fellows of this 
colledge grounded upon the guift of this advowfon, have been placed Demyes or 
617 fchollars in that corporation, and foe have con | tinued till they proceeded graduates ; 
yet that this family fhould have right to fuch fchollerfliips by any agreement in 
writing I have not found, though I have heard it affirmed by one or two domeflick 
chaplins in the family of the lord as fometimes were members of that colledge ; 
But the College draweth yearly from that Redlory Ten pounds paid by the incum- 
bent for the time being, which I take to bee fpent in a gaudy day in bettering the 

Colledge 



i5o6 



life of a^nuricc tp f ifti) 



171 



Colledge commons, and therefore with them noe Symony though paid upon an 
Obh'g[a]con taken at his prefentation. J^otoBcit, notwithftanding the fair counte- 
nance cafl upon the colledges old title by this award, who claimed by the grant of 
the faid Marques Berkeley then Earle of Nottingham, the colledge relyed not foe 
confidently thereupon, but that afterwards they procured, (as good caufe they had,) 
feverall releafes and confirmations from Maurice and Thomas the two eldeft fons of 
this lord Maurice, and from their feoffees and Recoverors, with the like confirmation 
alfo from the king himfelfe, as defirous to hold faft an Advowfon of neare three 
hundred pounds value by the year. 

<Drt)Cr were the reflitutions to divers other manors, which this lord obtained 
upon the defe6ls pretended to bee in his brother Marques Berkeleis conveyances, 
by reafon of old entailes and his own remitters, as appears in the Catalogue of the 
lands whereof hee dyed feifed, here for brevity by me omitted. 



5[n the Toile of the forefaid profecutions this lord finding himfelf, at his firft 
coming to vifit Callowdon and other his manors in thofe parts in the id^' of king 
Henry the feaventh, not foe honored in his entertainment with the Abbot of the 
monaftery of Combe in Warwickfliire as hee conceived to bee his right, being one 
of their founders heirs ; (perhaps but out of the Abbots ignorance of his difcent ;) 
exhibits his bill in Chancery, and fhews that hee is one of the Cozens and heires gjjj jj^ ^^^^ . 
of Thomas Mowbray late Duke of Norfolke, Earl Marfhall and Warren, lord y<Sus manufcript 
Mowbray, Segrave, Gower and Brewes, who was in his life time received in that igv 
Monaftery with proceffion and other obfervances as belongeth in fuch a cafe for the 
founder ; The right of the foundation of which monaftery, (faith this lords bill,) after 
the deceafe of the faid Duke difcended to Thomas Howard Earle of Surrey and to 
him the faid Maurice lord Berkeley as Cozens and heires of the faid Duke ; Ct)at is 
to fay, To the faid Earle, as fon of John, fon of Margarett, one of the daughters 
of the faid duke ; And to this Lord Maurice, as fon of Ifable one of the daughters 
of the faid Duke ; And for | proofe layeth down That the faid John father of the 5x8 
faid Earle was flaine at Bofworth field, And was entred in the faid Abby with due 
obfervances as belongeth ; And the faid Earle was lately received there with pro- 
ceffion and other folemnities as belongeth of right and laudable cuftome ufed in this 
Relme of England, which the Abbot hath negle6led towards him being thereto 
required ; And therefore prayeth that hee may bee compelled to enter him as one of 
the founders, and foe to bee accepted and entreated as of right to him belongeth ; 
Which honor, upon a referance to Wittm Grevill and Thomas Marrowe arbitrators, 

this 



carta in caftro de 
Berkeley 



Z 2 



172 



€l)e %i\ic0 of tijc 25crhdcpjJ 



1491 



div'sse tre in caftro this lord obtained, and accordingly left it to his pofterity, who were in their feverall 
times received as founders, till the diffolucon of the Monaflery ; as alfo appeareth by 
this Abbots attendance on the dead body of the lady I fable this lords wife, and his 
cenfing and perfuming of her herfe at Binly bridge, in her conveying to London, 
the place fhee had appointed for her fepulture ; as after followeth. 



carta in caftro de 
Berkeley. 



Acqu[i] t in caftro 
de Berkeley. 



Cf)C 13"^ of November in the 18* yeare of king Henry the feaventh, Thomas 
Earle of Surry granted to this lord Maurice, by the name of Maurice Berkeley lord 
Berkeley, and to his heires for ever, one Bucke and one Doe yearly out of his parke 
called Seggewicke park in Suffex, with liberty to enter and kill the fame at pleafure. 
tB^Qt the offences were which this Maurice had committed I find not, but in the 
28'^ yeare of king Henry the fixth hee paid the Duke of Yorke iiH- by agreement 
for Injuryes and greeves by him and his two fervants, Cater and Chriflopher, done 
to the faid Duke, as the acquittance faith, given upon receipt of that money : 2S»Ut, 
being then a batchelor and in the 24* yeare of his age, and living often near to fome 
of the Dukes parks, I conceive it was for killing fome of his Deere. 



VoluntPhitMead 

probat A? 1475. 

A? 15. E. 4. 



6ig 

An antient 
f)edegree w'.'' W™ 
Denis Efq^ 



l^iief Wife. 

'3ri)C wife of this lord Maurice was I fable daughter of Phillip Mead Efqf and 
of I fable his wife ; fon of Thomas, fon of Thomas Mead, difcended of the ancient 
family of the Meads of Meadfplace in ffeyland in the parifh of Wraxall near Port- 
bury in the County of Somers!, | where antiently they had continued ; whom this 
lord marryed in the thirtieth year of his age, about eighteene months after his fathers 
death, fhee then a widowe and mother of three children, who all dyed very young. 



regifter RotSti de 

Ricartcum Maiore 

de Briftoll. 



carta. 14. E. 4. in 
caftro de Berkeley. 

Carta. 20. 06to. 7. 

K 4. in caftro de 

Berk. 



3llt the time of this her fecond marriage, her father was an Alderman of Brifloll 
& at divers times Maior there ; And for her Dowry, befides her perfonall eftate, 
(hee brought to this lord her hufband, (then a younger brother,) divers lands in 
Somerfetfhire, and others in Thornbury in Gloucefterfh" (where this lord then alfo 
had other lands both of his own purchafe, and of the guift of his elder brother,) and 
a leafe of the faid Meads-place for one and twenty years : and was after one of his 
executors, as his will fhewes. 



ffor her Joynture fhee had from this lord her hufband all the lands in effeft 

Carta. 9. Decern, which hee then had ; which alfo hee in the later part of his life, (for the longer 

^^'^d^B^k 1 ° '^^y lived the more they loved,) much augmented with divers other manors in 

the Counties of Huntington, Leicefler, Warwicke, and Gloucefter, and in the 

Counties 



i5o6 atife of a^aurice tlje fiftl^ '73 

Counties of the Cities of Coventry and Gloucefter ; of all which fhee made the 
faid Thomas Try her receivour generall foone after her hufbands death. 

€i)iiBf lady Ifable had one only brother called Richard Mead, who firft marryed ^^*^"P w°^k™ 
Elizabeth , And after maryed Anne daughter of Thomas Paunsfoot of wicke. 

Hasfeild in Glouceflerfh" Efq^, a family for antiquity inferior to none in that 
County, (this of Berkeley excepted ;) But his iffue dying very younge without 
iffue, about the third of king Henry the feaventh, this lady Ifable became heire to 
divers manors and lands in the County of Glouc, And to divers Meffuages and 
tenements in Bedminfter, Felond, Afhton, Wraxall, and Midle Tykenham, in the 
County of Somerfett. 

l^oto little caufe the Marques Berkeley had to complaine of the obfcure yetus manufcript 
parentage of the lady Ifable, which he vainly called bafe : and of the unworthynes Berkel: 
of his brothers match with fo mean bloud, as hee reproached it, making that a 
motive to his own vafl expences, and of the difmheritance of this lord his brother, 
leafl any of her bafe bloud fhould inherite after him, may to his further reproof bee 
returned upon his memory to bee but a fained and unbrotherly quarrell picked on 
purpofe to give colour for his own exorbitances : Like vaine were his exceptions to 
his faid brother and heire, for defending the vertue of his wife and worthinefs of 
her parentage. 

^^ was a virtuous lady and evermore content with better or harder 
fortunes ; | And what goodnes and difpofition fhee was of in her laft widowhood, 620 
after this lord her hufbands death, may bee conceived out of thefe few rellicks of 
her many devotions. 

Clje 29* of May . 1 5 14 . in the 6* of king Henry the 8* (amongft other 
liberalities,) fhee gave to the Pryor of the fryars heremites of the order of Saint 
Auguftine in London the fum of — 72'; I3f, 04''. towards the repair of their houfe, 
grown ruinous with age ; for which they bound themfelves & their fucceffors in a 
full chapitre to fay on the feaventh of November the exiquies of the aniverfaries 
of her and her hufband, to bee funge with note by all the Covent in the quire of 
their church : And the morrow after, a Maffe of requiem at the high Altar by all 
the covent, for the fouls of the faid lady and her hufband the lord Maurice, and for 
the fouls of James lord Berkeley and of Ifable his wife, father and mother of the 
faid lord Maurice, and of all faithfull deceafed : 31lnb three days in every week for 

ever 



-: 



174 



Berkeleys mafTe. 



Cfjc %i\ic^ of tlic 23nrhdcp.£f 



1491 



ever, one priefl, being a fryar in the houfe, to fay a maffe curfarily, with the 
fpeciall collefts of vnus deus qui charitatis, com fecreto, et port com, ad id pertinen ; 
And alfo Inclina cum fecreto, et pofl: coin, ad id pertinen ; As in the table after- 
wards in this deed is fpecifyed and defcribed, for the foules of her and her hufband 
and the f? lord James and Ifable, at the Altar of S' James in the faid Church under 
the high crucifix, on Mundayes wednefdays and frydays, after the fixt maffe is 
faid ; And in every maffe foe faid, after the gofple and before hee goe to the 
lavertory, the pfalme of De profundis with the prayers accuftomed ; which Maffe 
Ihall for ever in the Englifh tongue bee called Berkeleys maffe. 31lntl likewife the 
maffe de quinque vulneribus. And further, that for an everlafting memory, this 
Indenture in the Vigill of S' Michaell fhall for ever bee read yearly in their 
Chapitre houfe publickly. And for performance hereof the pryor and covent bind 
themfelves in their pure confciences, as they will anfwer at the dreadfull day of 
Judgment before the fupream Judge. 



snub for better fecurity and performance of all and every thing aforefaid they 
further grant, That as often as any failing fhall bee in any part of the premiffes by 
the fpace of a month. That they will forfeit and pay — 2of — to the mafter and 
brethren of Burton Lazars, in that their houfe to bee charitably beftowed for the 
foules aforefaid, which mafter for that caufe was made a party to this deed. !^nb, 
621 (W.'' was more then formerly I have found,) fryar Hugo lovericus, provinciall | of 
this order, doth ratify this Indenture, and binds the faid pryor and covent in the 
bond of holy obedience, and under the punifliment of rebellion. That they 
faithfully performe the whole contents of this deed. 

carta in caflro de CtDO yeares it feemes this was in contriving, And in the end were two deeds 

er e ey. f^^jg^j |^y j.^g pryor, both which remaine in Berkeley Caftle. 



Comp : de Feny- 

ftanton. 8 H. 8. 

in caftro de 

Berkeley. 



Pfalm 90. 



jg>t)ce dyed at Coventry in the eighth yeare of king Henry the 8'^ then aged 
70 years, having overlived her hufband about. 9 years ; And with him lyeth buryed 
in the Auguftine Fryars in London, leaving iffue three fons and one daughter, as 
next followeth. And it is fome what obfervable, That this lady juft foe long 
furvived her hufband as to make the period of both their ages alike ; And then in 
the fame place to lay down her bones by his in that 70'!' year that bringeth com- 
pleatnes to the dales of man ; As 10 . times, 7 . or 7 . times, 10 . which Mofes in 
the 9o'^ Pfalme of Davids bundle makes the common age of all men. %nti that 
this lord, as after follows, fhould over live his brother Marques twice feaven 

years, 



i5o6 Hife of a^auritc t^e fiftf) 175 

years, and one feaven months ; As though all their circumferences were clofed in 
that number of feaven ; The manner of whofe death and funerall pompe, with the 
conveyance of her body from Coventry to London, take, in the fame words as 
Thomas Try, a fpeciall officer and fervant to this lord, and the faid ladies 
adminiflrator, fent the defcription thereof to the lord Maurice her fon, then at 
Calais, being the proper hand writing of the faid Thomas Try, endorfed thus 

This bill bee delivered to his right worfhipfull and fpeciall good Originall in 
Maifter, Sir Maurice Berkeley knight. Berkeley Caflle. 

^^IcjSfcrt) your good maflerfhip, the ordering at thenterement of my lady your 
mother hereaft' folowith, 

1. JphTiGft, when I peeved fhe bygan to draw from this lifif, I caufed certen 
prefls to fay dyvs oryfons, And alfo to fhewe hir of the paffion of crifl and of the 
merits of the fame, wherunto fhee gave merveluous goodly words, for aft' hir 
Aneyling fhe cam to good and pfit remembrance. 

2. Itm, aft fhe was departed I caufed David Sawter to bee faid continually 
untill the day of her buryeng, for as fonne as oon company had feid on other 
company of prefts bygan, and fo fhe was wached with prayer continually fro 
wenfday untill monday. 

3. Itm, ryngyng dayly with all the bells continually ; That is to fay, at S' j 
Mighells xxxiij. peles. At Tryntye xxxiij. peles, At S' Johns xxxiij. peles At Babyl- 622 
lake becaufe hit was fo nygh hyr Ivij peles. And in the mother cherch, the p'orye, 
XXX. peles, and every pele xijf 

4. Itm. upon fonnday whan her horfe letyr was appeled, and wax and all other 
things redy, fhe was fet forwards aft' this maner. 

5. ^it0t xxx'i women of her levery in blake gownes and kerechews upon their 
heds, of oon ele evy kyrchew, which was not furveled nether hemmed bycaufe they 
mought be knowen lately cut out of new cloth, and every woman beryng a tapyr of 
wax of a li. wyght & a half. 

6. Itm after theym fowlowed xxxiij crafts with their lights to the nombr of 
CC. torches. 

7. Itm 



176 €1)0 %iMc0 of rtje ^ctMti?0 ^ 1491 

7. Ilm about hir horfeleter was hir owne ferv" and other, berynge torches of 
cleyne wax, to nombr of xxx. in blake gownes. 

8 Hm the orders of free's whyt and gray, with their croffes, next after the 
lyghts of the crafts. 

9. Hm prefts to the nombr of oon C. and more w* went with their croffes next 
before the herffe. 

10. Item aft' the horfletyr v. gentyl women morners. 

1 1. Item aft' them Mr Recorder, and I, Mr Bonde, and my cozen Porter, ynftede 
of thexecutors and fup'vyfors. 

12. Item then M' Maire, the M' of Yeld, Aldermans, Shreffs, Chamblyns, and 
Wardens. 

1 3. 5Illltl fo fhe was coveid to the mother church, the p'orye, wher fhe refted yn 
the quere byfore the high altar all that nyght, and had ther a folem derege, and the 
Maire and his bredren went to S! Mighell, ther as was derege in like marte ; And 
aft' dereg, the Maire and his brethren went in to S! Mary hall, wher as a drynking 
was made for theym ; fyrft cakys, comfetts and ale, the fecund courfe marmelet, 
Snoket,^redd wyne and claret, and the 3rd courfe wafers and Blanch powder w! 
romney and mufkadele ; And I thanke God, noe plate ne fpones was lofl yet ther 
was xx*! defyn fpones. 

14. (!l))On Monday fhe fate forward aft' mafe w* the faid lights and crafts, the 
• feyd V. morners rydyng in fedfadells and ther horfes traped with blake, M^ Recorder, 

and I, M! Bonde, and Porter rydyng aft' theym, and then Mr Maire, Aldermen, 
Shrefis, Wardens, and Chambleyns rydyng in lyke order as they were ; And at 
623 Bynley brygge met my lord the abbot | of Combe w' his mitre, fenfyng the herfe, 
and in his company Mf Broune M' Bowghton and many other, ye may be fure to 
the nombre of v. or vi. thofand pepull : I am of a fuerty ther was at every fittyng 
above xj" or xij^ meffe3, and the hordes was divs times fet, & Thomas Berkeleis 
preft fay the orderyng of all : wryten at Caloughdon the xyj'"* day of Apie. 

Yof ferv? Thomas Try. 
* Query, Sonket=Sweets. 



I 



1506 Eifc of a^aurice tl^e fiftl) 177 

25p the faid Ifable this lord Maurice had iffue, Maurice, Thomas, James, and 
Anne. 

1. )3l^urice the eldeft fon fucceedeth his father in the Barony, advancing his 
houfe with honor and reputation ; And after dyed without lawfull iffue, as his Hfe 
that foUoweth doe declare. 

2. CI)oma^ the fecond fon was alfo lord Berkeley after the death of his faid 
elder brother, whofe life in due place alfo followeth. 

3. ^amC0 the third fon and youngeft, maryed Sufan the daughter of Mr Veill 
and the widow of William Vele Efqy, and furvived her hufband : By her hee had 
iffue John Berkeley who dyed at mans eflate before marriage, and Mary Berkeley,^ 
firft marryed to S' Thomas Perrot fon of Sr Owen Perrot, who had iffue S' John 
Perrot, Elizabeth and Jane. 

^l ^oljn Perrot had iffue ST Thomas, father of S' James Perrot yet living. 
161 8. And of Penelope maryed to ST William Lover^ knight, And of Lettice firft 
maryed to Rowland Langharne Efq^, and after to Walter Vaughan EfqT, And at 
this day wife to Sr Arthur Chichefter lord Deputy of Ireland ; and of Anne Perrot 
married to John Phillips of Pidlon Efqr yet living. 1618. 

CfjC faid Elizabeth fifter of Si; John Perrot was maryed to M'. Price EfqT who 
had iffue Sr Richard Price of Gogarthan kn', & others yet living. 16 18. | 

Cfje faid Jane the other fifter of the faid S'. John Perrot was marryed to 624 
William Phillips EfqT, who have iffue two daughters, the one marryed to George 
Owen, and the other to Alban Stepneth Efq" 

511nll fecondly the faid Mary Berkeley, daughter of this James Berkely, was 
marryed to Sr Thomas Jones knight who had iffue Sf Henry Jones, father of ST 
Thomas, father of ST Henry Jones that now is, 1618 : And Katharine marryed to 
MT Vaughan, who had iffue Sr Walter Vaughan knight that now is ; And Ellenor 
marryed to M' Griffith Rice, who had iffue ST Walter Rice knight that now is, and 
others, Anno, i6i8. 

3II11IJ, as St James Perrot formerly named hath informed mee, all the cheife 
gentlemen of moft eminency in the three fhires of Pembroke Carmarthen and 

Cardigan 
^ Sir William Lower of Treventy, Co. Caerm. and St. Winnow and Trelalke, Co. Comw. (J^i/?- of Trigg 

Minor, Vol. HI. 386.)— [Ed.] 
2 A VOL. II 



4 



■?« 



€l)c %i\ic0 of ti)c 23crhdcpiS 



1491 



Carta dat. 19. H. 7 

irrot. in Cane. 

Rec: infcaicio. ai. 

H. 7. rot. 16. 



Comp : de Man- 
gotsf. 13. H. 8. in 
cafl.ro de Berkeley. 



Cardigan at this day living, are difcended of this Mary Berkeley, of whofe memory 
in thofe parts is made mod honorable mention to this day. 

Clje faid James Berkeley, for a third brother's portion, had the manor of 
Hilton in the County of Huntington, to him and the heires males of his body, and 
twenty pounds p ann, by the graunt of this lord his brother; And the Conftable- 
fhip and Porterfhip of Berkeley Caflle, and the keeping of the Caftle park, and of 
Chefelhunger and Redwood, and the gale and profit of other fifhings in Seaverne 
with the fee of t,^': from the kinge ; and was to Henry the 7'^ vnus generoforum 
hofliariorum camere Regis, one of the gentlemen porters of the king's chamber, 
which hee enjoyed till the 6'^ yeare of king Henry the 8'^ when hee left both it and 
the world, and his faid wife Sufan to furvive him, which fhee did about fix years ; 
And fome of his offices to his elder brother Thomas. 

4. CljC faid Anne Berkeley only daughter of this lord Maurice was in the 
time of king Henry the 7* married to S^ Wittm Denis of Dirham knight ; who had 
iflue between them i S' Walter Denis, 2 S' Maurice Denis, 3 William Dennis, 4 
Ifable, 5 Elleanor, 6 Anne, 7 Margaret, 8 Katharine, 9 Mary, and eight others 
that dyed young without iffue ; Of thefe nine, as foUoweth, 

I. Clje faid S' Walter Denis by Margaret his wife daughter of S' RicM 
Wefton knight, had iffue four fons and two daughters, Richard, Thomas, Francis, 
William, Jane and Anne ; of whom ffrancis is dead without iffue. 

i^TljC faid Richard Denis by Anne his wife daughter of S' John | S' John of 
Bletfoe, had iffue, Walter, William, Gilbert, Maurice, Anne, ffrances, Katharine, 
Mabill, Mary, and Margaret ; of whom Gilbert Maurice and Mary are dead with- 
out iffue. And WIttm Is yet unmarryed ; Of the other fix in order. 

The faid Walter fon of Richard by Margaret his wife daughter of Richard 
Pigot. Paunsfoot Efq' had iffue two daughters; Katharine, firft marryed to M' Lewis PIgot, 
Coplefton. of Bedfordfhire, and after to M' Coplefton, of Devonfhire, yet living Anno. 16 18, 
Cokeine. And Jane marryed to M' Cokelne of the faid County of Bedford. 



Denis. 



625 



Porter. The faid Anne daughter of Richard Denis was maryed to S' Thomas Porter 

knight, of Lanthony by Glouc; (of whom read before in the iffue of James the 
firil,) who had Iffue S' Arthur Porter, Ambrofe, Anne, Katharine, ffrances, and 
Margaret. 

The 



i5o6 Eifc of a^auricc tlje fUtfy 179 

The faid S^ Arthur Porter, by Anne his wife daughter of S! John Danvers, 
had iffue EHzabeth lately maryed to John, fon and heire of S' James Scuddamore Scuddamore. 
of Homelacy in the County of Hereford. 

The faid Ambrofe Porter hath maryed Frances the daughter of George 
Chancey of Yardlebury of Hartfordfliire, by whom as yet hee hath no iffue, 1618. 

Anne fifter of the faid S' Arthur Porter is maryed to S' Gabriel Pyle of Pyle. 
Collingborne in Wiltfhire, who have iffue Francis, William, Thomas and Gabriell, 
which ffrancis hath lately marryed the daughter of S' Francis Popham. 

Katharine, another fifler of the faid S' Arthur Porter, was marryed to S' 

Richard Walfh of Shelfey in the County of Worcefler, who have iffue Anne, Walfti. 

marryed to S' Thomas Bromley, mother of four children by him ; And Joyce, Bromley, 

maryed to S^ Rowland Cotton, as yet having noe iffue, A° 1618. Cotton. 

ffrances, another fifter of the faid S' Arthur Porter, was maryed to Mr. Peter 
Marten; who have iffue Thomas, Edward, Anne, Martha, and Lucy, Anno, 16 18. Marten. 

And the faid Margaret, the youngefl fifler of the faid S^ Arthur Porter, was 
marryed to George Thorpe, of Wanefwell Efquire, by Berkeley, by whom he had Thorpe. 
noe iffue. / 

The faid ffrances, another daughter of the faid Richard Denis, was maryed 
to John Gwittm, Efq' who wrote that methodicall book called A Difplay of Gwittm. 
Heraldry ; And have iffue Saint John, John, Margaret, ffrances, and Prifcilla. | 

The faid Katharine, another daughter of the faid Richard Denis was maryed 626 
to Witim Chefler of Almondfbury in Berkeley hundred, Efq!: who have iffue Thomas Cliefter. 
Chefter, who firft maryed Anne, daughter of Samuell Bacchus Efq!:, by whom 
hee hath iffue Anne ; And fecondly maryed the daughter of S' George Speake 
knight, And in this prefent year 161 7, as I am writing hereof, high fheriffe of the 
County of Glouc; William Chefter a batchelor ; Katharine Chefter maryed to 
Phillip Langley, of Mangotesfeild, Efq! who have iffue ; And Alice Chefter married 
to M' Perfival of Somerfetfhire. 

The faid Mabill, another daughter of the faid Richard Denis, was maryed to 

Anthony Dowle of Duntifborne Abbot in the County of Glouc! gent, who have Dowle. 

iffue Edward, Walter, and others. 

And 

2 A 2 



i8o 



€I)e Uitocjef of tljc 2&crftdcpief 



1491 



HilL 



And the faid Margaret, (the laft of the daughters of the faid Richard Denis,) 
was firft maryed to Maurice Hill of Tockington in the County of Glouc. gent, by 
whom fhe had iffue Walter Hill ; and fecondly to one M' Spencer. 

Cl)e faid Thomas Denis, brother of the faid Richard by J one his wife 
a daughter of Mt Paunsfoot, had iffue Thomas and Margaret ; which Thomas fon of 

Thomas, (yet living in Glouc, Anno, 16 18,) by Dorothy his wife daughter of M' 
Compton, hath iffue William and divers others. « 

Evans. And the faid Margaret was maryed to Wittm Evans of Glouc, an Attorney at 

lawe, who have iffue Thomas Evans and Elizabeth. 

Cl^C faid William Denis another brother of the faid Richard, by Anne his wife 
daughter of Mr Raftle, had iffue William Denis only now living Anno . 161 8. 

Compton. CfjC faid Jane fifter to the faid Richard Denis was maryed to Wittm Compton 

of the County of Glouc, who have iffue Walter Compton and others. 

3llnt> the faid Anne the laft of the fifters of the faid Richard Denis was maryed 
to Simon Codrington Efq', who is dead without iffue. 

2. (CljC faid Sr Maurice Denis, fecond fon of the faid Anne Berkeley and of S' 
William Denis her hufband, dyed without iffue ; As alfo did Wiltm Denis his 
brother, but longe remarkable in their generations. | 

627 3. Clje faid William Denis third fon of the faid Anne Berkeley, and of Sf 

William Denis her hufband, dyed alfo without iffue. 



4. CIjC faid I fable Denis, daughter of the faid Anne Berkeley and Sr William 

Berkeley. Denis her hufband, was maryed to Sf John Berkeley of Stoke Gifford knight, who 

fee before in the j^^jjj jf^yg Sf Richard Berkeley, Mary, and Elizabeth maryed to Henry Ligon, 

life of Maurice the , ' n ■> -rr rn/r-ii 

thirdfol:273.274. whereof I have formerly written amongft the iffues of Maurice the third. 

275- 

The faid Sr Richard Berkeley, by Elizabeth his firft; wife daughter of Wittm 
Read of Mitton by Tuexbury Efq', had iffue Henry, Elizabeth, Marye, Katharine, 
Anne, and Dorothy ; And by Eleanor his fecond wife, daughter of Robert Jermy 
Efqf and widowe of Robert Rowe Efq', fon of Sf Thomas Rowe knight, had noe 
iffue. 

The 



i5o6 Hife of a^auricc tljc f iftlj jJtt 

The faid Henry, fon of Sr Richard Berkeley by Mirriell his wife, daughter of 
Thomas Throgmorton of Cawghton in the County of Warr., Efq' had iffue Richard 
Berkeley, Elizabeth, and Margaret. 

The faid Richard Berkeley by Mary his firft wife daughter of Robert Rowe 
aforefaid hath iffue, S' Maurice Berkeley knight, John, Thomas, Giles, Richard, 
Robert, Elizabeth, Hellena, Myriell, Katharine, Mary, and Margaret ; Of whom I fol. 275. 276. 
have in part formerly written in the life of the lord Maurice the third. 

The faid Elizabeth daughter of S'. Richard Berkeley, formerly mentioned 
to bee maryed to S' Thomas Throkmorton of Tortworth, knight, have iffue St 
William Throkmerton created Baronet, Margaret, Mary, and Elizabeth. 

The faid Sr Wittm Throkmerton by Cicely his firft wife, daughter and Coheire 
of Thomas Bainham of Clowerwall Efq^, hath iffue Baynham Throkmerton and Throkmerton. 
many others : As alfo hee hath by two other wives his maides, maryed fmce the 
death of the faid Cicely. 

The faid Margaret fifter of Sr Wittm Throkmton was maryed to S? Barnaby 
Samborne of Sorafetfhire knight, who have iffue. Sambome. 

The faid Mary, another fifter of the faid S' Wiftm Throkraton, was firft maryed 
to Sr Thomas Bafkervile knight, by whom ftiee had iffue Hannyball : And after Baflcervile. 
marryed to Sr James Scuddamore knight, by whome fhee hath iffue Sf John 
Scuddamore, who by his wife onely daughter of Sr Arthur Porter hath iffue, John. Scuddamore. 

And the faid Elizabeth, youngeft fifter of the faid Si Wittm Throkraton, liveth 
the widow of S' Thomas Dale knight, having noe iffue. 1626. Dale. 

The faid Mary, another Daughter of the faid Sr Richard Berkeley, was maryed 
to Sr John Hungerford of Down Amny knight, who have iffue, Sr Anthony Hunger] Hungerford. 
ford knight, John, Bridget, Elizabeth, Barbara and others ; Of whom is a plentiful! 628 
pofterity with opulent poffeffions. 

The faid Katharine, another daughter of the faid Sr Richard Berkeley, was 
firft maryed to S' Rowland Lee of Longbarrowe in Glouc'fliire Efq', by whom fhee Lee. 
had iffue. And fecondly remarried to Thomas Babington Efq'. Babington. 

The 



•i 



1 8a ' Cljc %iMe0 of ttjc Sl^ctMc^0 1491 

The faid Anne and Dorothy two other daughters of the faid S' Richard Berke- 
• ley are dead without iffue. 

The faid Mary, daughter of the faid I fable Denis and of ST John Berkeley her 

Walfh. hufband, was maryed to Nicholas Walfh of Sodbury Efq' who had iffue Henry 

Walfh, flaine in fingle combat by Sr Edward Wintour, without iffue, and three 

Herbert daughters: And after his death the faid Mary was remarried to Sr William Herbert 

of Swanfey. 

And the faid Elizabeth, fifler of the faid Mary, one other of the daughters of 
Ljgon. the faid Ifable and of Sir John Berkeley, was maryed to Henry Ligon Efqf, who 
had iffue S' Arnold Ligon knight, Henry Ligon, Mary, & Elizabeth. 

The faid S! Arnold Ligon, by Jone his wife the widow of John Baker, had 
iffue Henry, Thomas and Elizabeth. 

The faid Henry, brother of Sir Arnold, is dead without iffue. 

Clinton. The faid Mary, fifter of Sir Arnold, was marryed to Samuell Clinton gent, who 

have iffue Samuell, Richard, Elizabeth, Anne, Mary, Margery, and ffrances ; where- 

Hall. of Elizabeth was maryed to M' Hall ; Anne marryed to M!: Longe of Afhelworth; 

°^ ■ the other three daughters not marryed. Anno 1628. The faid Samuell maryed the 

daughter of John Neft of Chafely in the County of Worcefter, who have iffue : 

And Richard is dead without iffue. 

And the faid Elizabeth the other fifter of S' Arnold, was maryed to Edward 
Baffet Baffet of Ewley Efq* of whom read before in the life of Thomas the firfl ; who 
fol: [144] had iffue Wittm Baffet, Barnaby, Edward, Giles, Elizabeth, Margery, Sufan, and 
Jane. 

The faid Wittm marryed the daughter of Wittm Davy, who had iffue William 
Baffet now in ward to the king. Anno . 1618. 

The faid Barnaby Baffet by Elizabeth his wife daughter of John Dorney of 
Ewley, hath iffue Wittm Baffet, Edward, Robert, Elizabeth, Jane, & Hefter, 

The faid Edward Baffet maryed the daughter of Mr Danyell of Marleborowe, 
by whom hee hath iffue one Daughter. 

The 



i5o6 %rk of a^auricc tfje fiftfj 183 

The faid Giles is not yet maryed ; Since executed at Glouc, 1640. for mur-| 
dering of Chriftopher Willis of Wotton. 629 , 

The faid Elizabeth Baffet was firft marryed to William Clavile by whom fhee 
had noe iffue ; And after to Thomas Poyntz by whom fhee hath iffue Matthewe, Poyntz of XJley. 
Thomas, Jofeph, John, Elizabeth, Sara and Martha, Anno. 1624. 

The faid Margaret is married to Samuell Shellam of Woodchefter, who have Shellam, 
iffue five children, Anno . 1624. 

The faid Sufan is married to Michaell Dorney who have iffue Thomas and Domey. 
Elizabeth, Anno, 1624. 

And the faid Jane is married to John Deighton of Glouc, Surgeon, who haye Deighton. 
iffue John and five others, Anno, 1624. 

5. d)f faid Ellenor Denis, another daughter of the faid Anne Berkeley and 
of S' Wiftm Denis her hufband, was maryed to William Ligon of Madresfeild in 
the county of Worcefter, who had iffue Richard, Thomas, Ralph, Hugh, ffrances, 
Margery, Ellenor, Elizabeth, and the lady Gorges, of each of whom in order. 

The faid Richard Ligon maryed the daughter of S' John Ruffell, and have 
iffue Wittm Ligon, Henry, ffrances, Penelope, Elizabeth, Elleanor, and one other. 

The faid Wittm by Elizabeth his wife daughter of Mr Horwell, hath iffue S' 
William Ligon, Richard, Thomas and Elizabeth. 

The faid Henry and ffrances are dead without iffue. 

The faid Penelope was married to Mr WalUn of Woodfeild in the County of Wallin. 
Worcefter, who have iffue. 

And the faid Elizabeth Ligon is married to DoKSlor Miles Smyth lord Bifhop 
of Glouc. : who hath no iffue. 

And the faid Elleanor, (fifter of the faid Elizabeth,) was firft maryed to John ' ■ 

Waftiborne of Wichingford in the county of Worcefter, who have iffue. Wafliborne. ' ' ' 

And 



i84 ' €f)e Hibejflf of t^ 95n:hricpjf 1491 

And the faid (younger fifter of the faid Elleanor) was married to 

Ligon of Elfloa The faid Thomas Ligon called of Elfton in the county of Glouc, fecond fon 

of Wittm and Elleanor his wife, maryed ffrances daughter of Hugh Denis of 
Pucklechurch, who have iffue Thomas Ligon, ffrancis, William, Richard, John 
Katharine, and Jone. [ 

630 The faid Thomas was Receivour to Henry Lord Berkeley, and is now farmer 

of Callowdon ; And by his wife daughter of Denys Pratt hath iffue. 

The faid ffrancis and William are lately dead without iffue. Richard is alfo 
unmarried, 1630. 

John was attendant on George lord Berkeley in Oxford at the finifhing of 
thefe colledlions, a partaker of his firft travells, And fmce dead without iffue. 

Gerrard. Katharine is married to M". Gerrard of Stanford in the county of Som! who 

have iffue fix daughters. ® 

,;■ on,: 

And the faid Jone youngeft daughter of the faid Jone was married to 

The faid Ralph Ligon, third fon of the faid Wiftm Ligon and Ellenor Denis, 
fince the beheading of Thomas Howard Duke of Norfolke in y? I3'^ of Elizabeth, 
hath lived beyond feas and hath noe iffue. 

The faid Hugh Ligon, 4'^ fon of the faid William and Elleanor ; hath iffue 
Henry Ligon, Hugh, Ralph, William, and others. 

The faid ffrancis, fifth fon of the faid Wittm Ligon and Elleanor Denis, 
maryed Grace daughter of John Bub of Bentham neare Glouc, who have iffue 
Hugh and John. 

The faid Margery Ligon, eldeft daughter of the faid William Ligon and 

Ruffell. Elleanor Denis, was firft marryed to Sr Thomas Ruffell, by whom fhee had iffue, 

Thomas, who hath maryed the widowe of Frances Brace ; And fecon[d]ly, fhee 

was maryed to Sr Henry Berkeley of Bruton in y' County of Somerfet, by whom 

Berkeley of fhee hath iffue S! Maurice Berkeley and others ; of which remarkable line fee in 

Bruton. fol : 276. jj^e life of the U Maurice the third. 

The 



i5o6 



%ik of a^fluricc t|)e f iftft 



i8s 



The faid Elizabeth, daughter of the faid William Ligon and Ellenor Denis 
his wife, was maryed to Thomas Foliot of Perton in the County of Worcefler, who 
have iffue Sr John ffoliot, Si Henry fifoliot, Wittm, Elleanor, and Conftance. 

The faid Sf John ffoliot by Elizabeth his wife daughter of Doftor John Elmer 
late bifhop of London hath iffue Elmer, Thomas, ffrancis and others. 

S' Henry and Wittm are not yet maryed. 

m 

Elleanor ffoliot is maryed to S' John Bucke. | 
Conftance is maryed to Mr Baugh. 



Bucke. 
Baugh. 
631 



The faid Elleanor Ligon, daughter of the faid Wittm Ligon and Ellenor 
Denis, was maryed to Wittm Norwood of Leckhampton in the County of Glouc, Norwood. 
Efq' fon of Henry Norwood; of whofe iffue, (by falling into a neerer degree,) fee fol: 682. 
after at large in the life of Thomas the fifth fon of this lord Maurice. 

And the fourth daughter of the faid Wittm Ligon and Ellenor Denis, was 
married to S' Edward Gorges of Wraxall in the County of Somerfet, who have Gorges. 
iffue S' Edward Gorges, S'. Ferdinando Gorges, and others, from whom is a 
plentifull pofterity. 

6. CfjC faid Anne Denis, an other daughter of the faid Anne Berkely and of 
S' William Denis her hufband, was firft married to S' John Ragland, and after to Ragland. 
S! Edward Carne. Came. 



25p her firft huftjand fhee had iffue Sr Thomas Ragland, father of Thomas and 
others : And Margaret married to My Carne : and others : Which Margaret had 
iffue Cicely married to M^ Kemys : Barbara marryed to Ml: Turvill : And one 
other married to M^ Baffet ; and one other married to Mf Griffiths ; And, one other 
marryed alfo to . 



Kemys. 
TurvilL 
Baffet. 
Griffith. 



5llnll the faid Anne Denis by S^ Edward Carne her fecond hufband had iffue 
Thomas Carne ; who married the daughter and coheire of Sr Walter Hungerford, 
who had iffue : And one other married to John Huntley Efqf fon of George, fon of Huntley 
John (called with the great legge,) who had iffue George Huntley of Frocefter 

knight, 

2 B VOL. II 



< 



1 86 



€()c UitJC^ of rtjc 25ccftricpiBf 



1491 



knight, who by Ellenor his wife daughter of S' William Wintour of Lidney had 

iffue feaven fons and daughters, viz! William Huntley who married Elizabeth the 

daughter and heir of M' Read, both dead without iffue : And 2 Edward not married 

Read in 1634, And 3 George dead without iffue: And 4 Jane marryed to M' Read of 

Fofter Mytton, who had iffue : And 5 Mary married to M' Giles ffofter, between whom is 

Abrahall a numerous poflerity : And 6 Elizabeth marryed to M'. Abrahall : And EUeanor 

Huntley not yet married, Anno, 1634. 



632 

Arnold 



7. i^lje faid Margaret Denis, an other daughter of the faid Anne Berkeley and 

of Sr William Denis her hufband, was in the 20'^ of Henry the 8'^ marryed to Sf 

Nicholas Arnold fon and heire of John | Arnold, to whom her uncle Thomas lord 

Berkeley, the fififth, by his will gave two hundred marks to her marriage ; who had 

iffue Rowland Arnold, who by Mary his wife daughter of John Bridges created lord 

Lucy Chandois, had iffue Dorothy marryed to S' Thomas Lucy, who had iffue Joyce 

Cooke maryed to S' William Cooke knight, whom Henry lord Berkeley made one of his 

executors in truft ; who had iffue ST Robert Cooke, William Cooke flaine at the 

Scudamore I fie of Ree without iffue, Thomas Cooke, Elizabeth married to John Scudamore 

EfqT ffrances not married, Mary not maried, Dorothy marryed to another John 

Scudamore, Anne married to Peter Ball of the Middle Temple Efq', who have 

iffue William Anno . 1629. And Mildred maryed to John Maxey Efq', who 

have iffue William, Anno, 1629. 



Ball 
Maxey 



The faid S' Robert Cooke, by Dorothy his wife daughter of Sr Miles ffleetwood, 
are the fruitful parents of many hopefull children. Anno, 1629. 
» 

8. CljC faid Katharine Denis, another daughter of the faid Anne Berkeley and 
Tame of Sr William Denis her hufband, was marryed to Sf Edmond Tame fon and heir of 

S'. Edmond of ffayreford in the County of Glouc; And fecondly to Sf 
Buckley knight ; And thirdly to M' Ligon ; but had no iffue by any of them. 

9. SCnb the faid Mary Denis, the youngefl; daughter of the faid Anne Berkeley 
and of St William Denis her hufband, was a profeffed Nunne at Lacocke, And dyed 
at Briftoll longe after the diffolution of that monaflery. 

'Cf|Ui9? have I let in a little light in the delineation of this lords iffue, branched 
from his youngefl fon and onely daughter, James and Anne ; That this lords prefent 
pofterity might behold as in a glaffe of Gods own making, how by an immortall 

bleffmg 



i5o6 nuct of flf^urite tfje fiftlj 187 

bleffing conferred upon this good and pious lord, (who according to his own ordi- 
nance did eat his own bread in the fweat of his own browes,) his divine goodneffe 
hath multiplyed his pofterity in a handfull of years into many thoufands, difperfed 
through the veins of the moft illuftrious famihes in moft of the countyes of this 
kingdom : Whereto I fhall after add thoufands more of like eminency and remark- 
ablenes, when I come to write | of the iffues of the lord Thomas this lords fecond 633 
fon, and foe fucceffively from him. 

^i^ ^calc0 of SHrniejsf. 

3[ fyAlt not obferved any other feales that this lord Maurice ufed then a fmall 
feale manuell with the ancient coat of Berkeley only, without creft fupporters or 
circumfcription : And a little feale with the Lion rampant, the coat of Mowbray : The 
like whereof Henry lord Berkeley fometimes ufed, as followeth in his life. fol : [875] 




^i0 teatl) onb platt of Burtdl. 

^cptcmBcr is now come, when within one month after king Henry the feaventh 

had entred into the 22'.'' yeare of his raiene. Anno. 1S06, This lord Maurice then origin : in fc»cio. 

. . . 22. H. 7. rot. 24. 

in adlion ftrikes faile ; And from his warrs of Weflminfter hall obtaineth that port 

which the toile of his life, through care for his pofterity, would not afford ; for his 
labors found no haven but the grave ; then of the age of threefcore and ten yeares 
and odd months, whereof hee had been lord in ftile of writings and generall reputa- 
tion fmce his brother the Marques death, fourteene yeares and feaven months or neer 
thereabouts ; 3IInD is buryed in the Auguftines Fryars at London, with fome other of 
his Aunceftors, leaving behind him the teftimony, vitae bene actae, of a life well lead, Y ■ g t le"Ti|^ 
and an example of admirable induftry to all his pofterity. | H. 8. 

€Jjc lanti^ ttJi^nxof f)e bpcb jefrijefeb. 634 

Cljat no lands were left by the Marques Berkeley upon his death to difcend to 
this lord his brother and heire hath in both theire lives been declared : |2otD, behold 
what this lord left to his fon and heire ; And let his pofterity tell their fucceeding 
generations whether this their Anceftor did not foe well hufband the laft fowerteen 

years 
2 B 2 



i88 



€l|c %i\ie0 of tlje ^ctMcpfi 



1491 



daus: 33. H. y.m. 

Origifi in fc'cio 

a2. H. 7. rot : 34. 

carta in cadro de 
Berkeley. 

Pat 33.H. 7.PS.3. 



years of his life as Juftly hee may bee faid to bee the reftorer of his houfe and 
Barony ; And a perfeft lawier, to gaine thefe goodly poffeffions for the moft part 
out of broken and controverted titles ; As 

The burrowe and manor of Tetbury, 

The manor of Sages, 

Twenty two marks rent in Frampton, 

Divers lands in Thornbury, 

The manor of Daglingworth, 

The manor of Upton St. Leonards, 



In the County of Glouc. 



The manor of Winge, 

The manor of Segrave in Penne, 

The manor of Denge, 
The manor of Bridgewicke, 

The manor of Hovingham, 
The manor of Donington, 
The manor of Twaytes, 
The moitie of Wineflhorp manor. 



} 



In the County of 
Buckingham. 



j- In the County of Effex. 
• In the County of Yorke. 



635 



The 
The 
The 
The 
The 
The 
The 



manor of 
manor of 
manor of 
manor of 
manor of 
manor of 
manor of 



Bretby, 

Linton, 

Coton, 

Repingdon, 

Roftlafton, 

Afliburne, 

Howys, 



The manor of Melton Mowbray, 

The manor of Coldoverton, 

The manor of Segrave, 

The manor of Witherly, | 

The manor of Sileby, 

The manor of Mountforrell, 

The hundred of Gofcote, 

The manor of Dalby Chawcombe, 



In the County of Derby. 



In the County of Leicefter. 



The 



i5o6 



Hife of a^urke rtje fiftti 



189 



The Advowfons of Coldoverton, 
Segrave, Howby, Kegworth, Sutton- 
Bonington, and fome others, 

The manor of Thurlafton, 
The manor of ffleckenhoe, 
The manor of Afpely, 



In the County of Leicefler. 



In the County of Warrwicke, 



The manor of Callowdon, in the Counties of the Citie of Coventry 
and Warwick. 



The manor of Auconbury, 

The manor of Wefton, 

The manor of ffenyftanton, 

The manor of Hilton, 

The manor of Guyherne & Murrow, 

The manor of Bofham and Buckfold, 

The manor of Thorney, 

The manor of Funtington, 

The manor and Park of Bewbufh, 



In the County of Huntington. 



In the County of Suffex. 



Fifteen houfes and fower gardens in Calais. 

A Mefluage in Churchflreet in Berkeley purchafed by him of 
Richard James. 

The manor of Hinton, | In the Counties of Cambridge 

The manor of Kent and Kentford, ) and Norffolk. • 

ffower pounds yearly rent out of the manor of Bromley in Surrey. 

The manor of Maning^ord Brufe in the County of Wilts. 

ffbt which manors and lands foe difcending, his fon Maurice did the 5'^ of May pat: 22. H.7^ps.3. 
next after his fathers death fue his fpeciall livery, wherein the fame are mentioned ; H.7.rot.24.exp'te 

but found no offices at all, though hee tooke out writts of Diem Claufit extrefn. remein. Thefaur. 

Carta exempl : in 
• dat : caftrode Berkeley. 



I90 Cijc %iMt0 of ttte 25crhdrpjef 1491 

dat : I3'^ Odlo : in the 22'^ of Henry the 7'!" to have inquired after his fathers death 
according to the courfe of the Chancery. Stnb thefe manors and lands, thus by this 
lords wife induftry gleaned up and brought back into the old barne, is that faire 
graynary whereon his poflerity in their feverall fucceffions have ever fince foe fedd 
and feafted, upon the invitements of their prefent occations, by feverall fales, as 
fcarce a fifth part now remaines unfold for the repaft of future generations, An : 
Purchafers. 1628. Upon which alienations alfo fuch numberles peeces of evidence have to the 
feverall purchafers been delivered out of their Evidence houfe, as I much miffe 
hundreds of them, for the further beautyfying and inlarging of this hiftory. | 

636 Cf)e aj^pltcation anti ujafr of ^i0 life. 

The ufe. ^f being an inherent truth. That the love which man naturally oweth to his 

progenitors is felt in every mans heart as a forcible motive to draw on imitation of 
their vertues and goodnefs with their poflerity, I cannot but hope from the noble 
worth and induftry of this lord, That as his virtue ripened in his two fons, (both 
lords,) that next followed, neither was any wayes blafted in their fucceeders ; foe it 
will invite the lord George, (lyneally from them,) in his maturity of years, reading 
this his Anceftors life, to beare like fruite ; not only as a reall acknowledger of his 
eftate and dignity, renated (as it were) by this lord Maurice, But to become a true 
imitator of his induftry and providence for his own future pofterity : <0f whom I 
may truly fay, hee was a king of worthyes ; And to know, that although our cheifeft 
hopes ought to bee fixed in the goodneffe of God, yet by puting to that account our 
own endeavors the remedy is made more eafy, and wee the fooner mafters of our 
ends, as lively wee fee in this lords example. 

2. 3ll0atne, from the example of the mean eftate wherein this Lord Maurice 
was left by his laft Anceftor the Marques, whofe heire hee was, his pofterity may 
compound a foveraigne treacle againft worldly pride, unbrotherly contention, infta- 
billity of greatnes, and the like : 3lllti> may alfo apprehend, That all greatnes honor 
wealth and the like, are but a fhadow, duft and wind : And may more truly com- 
prehend whence men and honor come, and whither they are to goe. 

3. ^Ugainc, That to the laborious God is propitious ; And that neceffity makes men 
fkilfull Artifts who never meant to have practized : And that where honor and profit 
are propofed greater fpurrs cannot bee fet to a man that hath fpirrit, even to perform 
adtions and bring bufinefs about that feems beyond power. As this lords pofterity 

. fees 



i5o6 Sifc of islamite tfje fiftfj i9« 

fees in the life of this their induftrious Anceftor ; which I wifh may ever lye open 
before them. 

4. 3(Igain0, when this noble family fhall by way of obje6l refled; itfelf to fee 
this their Ancefter, with a milk white head in his irkfome old age of 70. years, in 
Winter Terms and frofty feafons, with a buckerom bagg fluffed with lawe cafes, in 
early mornings and late evenings walking with his eldeft fon between the fower Inns 
of Court and Weftm^ hall, following his law fuites in his own old perfon ; not for 
himfelf, but for his pofterity, to regaine part of thofe poffeffions which a vaft 
brother had profufedly confumed ; to leave thereby whereon to live honorably like 

his forefathers : It cannot but flirre up an a6live care in his pofterity to pre | ferve 637 
and frugally to hufband thofe poffeffions thus painfully obtained ; The end, why 
this application and ufe is propofed. 

5. ^gailte, this noble family may obferve that this their Anceftor erred in his 
refolution, holding it better to prove the evill once, then always to fear it ; A caufe 
why hee fell fodainly out with the lord Marques his elder brother, whereby hee was 
the fooner difmherited of his barony : whereas hee fhould have confidered the con- 
clufions of things, rather than their beginings : Of helps wee oft make hindrances. 
There are many herbs very fweet when they are gently handled, but they loofe 
their favour when they are roughly rub'd : This with this lord fell out too true ; 
But femper fapere vix lovi conceditur, the wifeft are not alwayes wife ; Sometimes 
not to erre is beyond the power of Humanity. 

6. ^Iljainc, let this lords pofterity fweeten their meditations with the 
remembrance of the bleffmgs which Heaven, from the death of this lord to the 
prefent infancy of his great-great-great-grandchild the lord George, hath fhowred 
down upon this lords generations, as a vifible reward of a life well lead, according 
to the ordinance of the Almighty, his lawgiver and creator : ffoc further ufe 
whereof I returne this family to what is written in the end of the title of this lord's 

iffues, which I wifti may bee of ufe to them in their generations to come ; And that fol: [632] 
the fupreme hand of divine providence may uphold the honor of this lord in a 
bleffed perpetuity, which hath done this good for his pofterity. 

7. ^0ainc, the life of this lord tells his pofterity, how much thofe men miftake 
the nature of God's divine ordinance, who neglecting the reafon that God hath 
given them, do noe otherwife avoid the perills and croffes of this life then as if they 

were 



192 '^^ %i\i€0 of tljc 2S>crftclcpjBf 1491 

were ftupified in the groffe opinion of fate or deftiny, neglecting either to beg 
counfell at Gods hands, or to exercife that wifdom or forefight wherewith God hath 
inriched the mind of man. 

8. ^djaint, This lords pofterity feeth that this their Anceftor contented not 
himfelf to fit ftill and fay That God was pleafed to have it foe and foe with him, 
and thereon to reft ; which had been a true but an Idle anfwer, (for who knoweth not 
that Gods fecret will is the caufe of all things ; ) But to know with all That God 
giveth fpirit, courage and invention, when and where it pleafeth him to give an 
happy iffue to our undertakings and defires ; Yet not fo altogeather to reft upon our 
felves, that wee will noe longer feeme to ftand in need of God ; ffoc the iffue of 
humane wifdome is commonly unfuccefsfull when it depends upon that proviffion 
which it felf hath made : Slnll let this family obferve withall. That the All-powerfull 

I Sam', cap: 16. God difdained not to inftru6l Samuell to avoid the fury of Saul by the accuftomed | 

638 cautious waies of the world, when hee fent him upon that dangerous fervice of 

anoynting David for that kings fucceffor in the Crowne : And how, though Mofes 

Exodus 13 61. 14 well knew that hee came out of Egypt under the mighty hand of heaven, And that 

P" God guided his underftanding in all his enterprifes, yet hee lay not ftill in the ditch 

crying for help ; but ufmg the underftanding that God had given him, hee left 

nothing unperformed becoming a wife man and a valiant and fkillfull condu61:or, as 

by all his acflions and counfells well appeared, And found his fucceffe accordingly ; 

as this lord alfo did. And his pofterity after may, ufmg the fame meanes. 

9. 3iI|Saine, from this memorable Anceftor this ufe may bee drawn ; That as noe 
adverfity accompanied with the leaft or poffibility of recovering, could ever 
vanquifh his endeavor, but would firft looke over every promife, true or falfe, that 
the prefent time could make him, and accordingly fucceeded happily in his 
tryalls : And knowing that wife men work out their own ends by the medium of 
mens affecflions and naturall appetites : Hee fo perfevered in a wife conftancy, 
That hee ever went away mafter of his own ends to his great profit and honor ; 
Yet with fuch a magnanimity of fpirit, that hee fcorned to fawn upon or fear the 
greateft, as his life hath declared ; And as a man of motion foe perfonally beftirred 
himfelf, That to the example of his pofterity hee brought all his purpofes to execu- 
tion : adverfity never leffening his courage, nor profperity his circumfpedlion. 



639 
640 



} 



blank 



tlje Ctft of iltanrice tlje SxxU) • ^, 

€l^e life of Maurice lord Berkeley the fixth of that 
name, ftiled in Writings, Maurice Berkeley Efqr, 3lliUl 
Maurice Berkeley knight, 3!ln& Sf Maurice Berkeley of 
Yate, knight. 5tnb Maurice Berkeley knight pro corpore 
dni regis, for the body of the king ; 3llnti Maurice lord 
Berkeley, SUnb Maurice Berkeley lord Berkeley ; 3Cn& 
Maurice Berkeley knight, U Berkeley; 51lnti Maurice 
Berkeley of Berkeley, knight, lord Berkeley. 
9flnD was Ab-patruus, great-great-great-uncle, to George 
now lord Berkeley. 31Inb may bee called Maurice the 
Courtier. 

Contempomcp, with king Henry the 8* from the year 1506, 
[fic] till 1523. 
Cfje life of this lord is delivered under thefe eight titles, 



VI zl 



— l^ijBf birth and education, fol : 641. 

— I^ijef forreigne imployments, with his law fuites^ fol : 644. 

— ^i^ef creation of ^^aron, fol : 654. 

—^10 wife, fol : 658. 

— J^ijBi feales of Armes, fol : 660 

— ^10 death and place of buriall, fol : 660. 

— CljC lands whereof hee dyed feized, fol : 663. 

— Cl^ Application and ufe of his life, fol : 665. 



C 



I^i^ bittfi nitti etiucatton. 

1)15 lord Maurice was born in the feaventh year of king Edward the fourth. 
Anno . 1467 . and his youths education under his father, who for moft part 
continued at Thornbury, as in his life hath been faid. 



3[n the fecond year of king Richard the third, Anno. 1484, then in the I7'^ carta in caftro de 
year of his age, hee was by his fathers means marryed to a gentlewoman of his own Berkeley. 

age 

2 C VOL. II 



194 



€{)e HibejEf of tlje ^32^Mep0 



1506 



642 age and name, as after followeth ; But their nuptiall | bed not bleffing them with 
iffue, or giving hope thereof, this lord with his wives liking betook himfelf to travaile 
and to a martiall life ; In which faculty hee became a great foldier and commander, 
as the fequell of his life declareth. 

% great part of the later ten years of the raigne of king Henry the y*^ hee 
was his fathers lawbook bearer, extreamly toiled in the paper warrs of Weftminfter 
hall ; And in fuch fort for moft part continued till the death of his father, two years 
before that king. 

diverfi compi %t fuch time as this lords father dyed, and all his life after, if this lord were in 

'^°'iP^*^'JJ^ t^r'^° England, hee was either at Yate in Gloucefterfhire, or attendant on the kings perfon ; 

If abroad, yet his wife and flanding houfe were ufually refident at Yate, where alfo 

fhee continued during the two years fhee furvived her hufband ; As alfo did the lord 

Thomas his brother and heire, as followeth in his life. 



carta in caftro 
de Berkeley. 



Clje 22* of November, Anno . 22. H. 7. this lord granted the ftewardfhip of 
Bofham with the yearly fee of Ten Pounds, to Edmond Dudley, which is the firft 
work I find done by him ; foe wifely willing hee was to have a frend about the 
king. 



cartae in caftro ChOUgh upon the death of his father and for one year after, this lords ufuall 

addition of ftile was but Maurice Berkeley Efq', yet in the 23* and laft of Henry 
the 7'^ and in the firfl of Henry the 8* then fallen into their fervice, hopes altered 
his pen, And his ftile was, Maurice Berkeley fon and heire of Maurice Berkeley 

carta in caftro lord Berkeley deceafed, and cozen and heire of Wittm Marques Berkeley Earle 
de Berkeley, j^^rfhall and of Nottingham, Vifcount Berkeley and Lord Berkeley. 



3fn the firft of Henry the 8'!" hee was made knight, and as I think of the Bath, 
at that kings Coronation. 

<:artadat:3o.Apr: ^[n the 4* of that king, hee was fworn, pro corpore regis, a knight for the body 

4. H. 8. ^^ jj^g j^jj^g . £qj. ^.j^^j. yg^j. ^^^ j^Qj. befoj-e I f^nd that addition of ftile. 

carta in caftro ^Jlnij in the 7'^ of king Henry the 8*, hee increafed his eftate in the fcite of the 

er eey. ^^^^^ ^f Yate with the parke, by a new leafe taken of Henry lord Dawbeny for 

fowerfcore years from the death of the furvivor of himfelf and his wife ; (having a 

• • leafe 



1523 



%iie of a^auricc tlje ^Sbertj 



195 



leafe for their lives before ;) where, within two years after, hee began to build a 
faire houfe, the accompt of which charge in building appeareth in a book kept by 
George Sheppa.rd his principall Survayor, yet extant ; fetching mofl of the ftones 
from hafelbury quarre, and the Timber from Kingfwood forreft. | 



lib : in caftro de 
Berkeley. 9. 10. et. 
II. H. 8. 



3ln September in the 6'? of Henry the 8* this lord was by fpeciall appointment 
one of that princely traine that attended the lady Mary the kings fifter into ffrance, 
to bee maryed to Lewis the twelvth, fhee then accompted the faireft lady of the 
world ; And returned for England before Xmas following ; And on newyears-eve 
dyed the faid French king after hee had been marryed to the faid lady . 82 . dayes. 



643 

Annat: of England 
Stow and others 
Martin, fol : 365. 



3|n the 6'^ and y'.*" years of Henry the 8* this lord was high Sheriffe for the 
County of Glouc; And John Strange his underfherriffe, who alwaies dire6led his 
1"^ To my mofl fmgular good M^, S' Morys Berkeley knight, Sheriffe of the County 
of Glouc. ; And foe did Edward Spenfer keeper of the coinon gaole at Glouc. ; An 
argument that hee was not then accepted as a peere of the Realme, As after alfo 
more fully doth appear : In which year, and after, hee procured many of the 
Quarter Seffions for the peace to bee holden at Tetbury, for his own eafe and that 
markett town's advantage, himfelf being lord thereof. 



Pat fub figillo in 
caflro de Berkl : 

divers trae in caftro 
de Berkeley. 



Comp : de Bitten 
Manor : 9. H. 8. 
et at in caftro de 
Berkeley. 



SDUtinj that time of his Shreevewicke, and for many years before and after, 
hee was a great houfkeeper under a large expence at his houfe in Yate aforefaid ; 
yet fuch nevertheleffe was his providence, as each fatturday hee cafl up his 
houfhold books of accompts, for what was difburfed by his Steward, Clarke of the 
kitchen, Cator, and for his Stable ; And fubfcribed each weeks totall Summe with 
his own hand, as the books themfelves doe ftiew. 



Books in Berkeley 

Caftle. 



^UCi) alfo was the exa6l methods by him and his houfhold officers obferved, Comp : Jotiis 
that the perticular expences of each kind of provifion, in each day appeared : 3finll v°J •™. . 
when the ordinary allowance was exceeded above the comon fet rate, the margent H. 8. 
renders the reafon, by fuch and fuch ftrangers being there, with their number of Comp : de Bitton 
attendants and their horfes. As the Duke of Buckingham in . 10 . H. 8 . and 
others, when as I conceive a reconciliation was laboured between them, gea, 
the good lady this lords wife appears alfo in thofe marginall notes, taking exception 
to fome perticular Acates that were in redundance, and to other forts that wanted ; 
giving diredlion to yf Steward for time to come what fhee would have done, which 
for his better memory hee entred into the margent of his faid houfhold book ; As, 

thus 



II. H. 8. in caftro 
de Berkeley. 



2 C 2 



196 



Clfc UitoCj^ of ttie ^ctkdep^ 



1506 



thus and thus, commanded by my lady : 3Bntl fuch was this lords liking to his feate 
at Yate, and his hopes of repoffeffmg really the Caftle and Barony of Berkeley 
with the members thereof, That hee fold himfelf out of the manor of Wing in the 
County of Buckingham, and fome others in remote Counties, as after appeareth ; 
644 And with the moneys thereby raifed, bought the manors of Bytton and | Hannam, 
Mangottsfeild, Aylmington and divers lands in Henbury in the County of Glouc, 
lying near to his faid houfe at Yate ; declaring himfelf thereby to bee a reall 
Glouceflerfhire man as his forefathers had been, and that himfelf henceforth would 
bee a forreigner in all other Counties ; as more largely fhall bee delivered in an 
hiftory of thofe and other manors, which I have, in effedl, already finifhed, by 
it felf. 



pat : dat : 9. Novt 
6. H. 8. in caftro 
de Berk : 

Cartas in caftro de 
Berkeley. 



3Ilnb fcarce was this lord difcharged of the office of being high Sheriffe, but 
hee procured from the king a generall pardon of all trefpaffes, forfeitures, &c, 
made to him, by the names of Maurice Berkeley of Yate knight, ats. Maurice 
Berkeley of Stoke Gifford, knight, ats Maurice Berkeley late of Tetbury knight, 
ats Maurice Berkeley late of Melton Mowbray knight, ats, Maurice Berkeley 
knight one of the Juftices of peace in the County of Glouc, ats Maurice Berkeley 
late Sheriffe of the County of Glouc, ats Maurice Berkeley knight. 



^10 fotcatgne implopnicntjaf. 

Cf)0 king purpofmg warrs with france, great preparations were made, and 

Carta in caftro de fpetiall Captaines affigned, whereof this lord Maurice was one ; between whom and 
ficrkclcv. 

the king, it was by Indenture, fubfcribed with the proper hand of the king, dated 

the 3o'^ of Aprill in the fourth of his raigne, (wherin hee is fliled one of the knights 

for his body,) agreed, That hee fhould do the king fervice of warr in the Army 

which hee now fendeth under the condu6l of Thomas Gray Marques Dorfet his 

Leivtenant generall into Gafcoigne and Gwyen, for reduceing them under the kings 

obedience, & to have in his retinue in that fervice, fower hundred and eleaven able 

men, defenfibly arrayed for the warre, himfelf being one of the number : And to 

place for his faid retinue, Leivtenants and petty Captaines under him, and to make 

his own mufters and the like, as by the Indenture appears. 



Hollingt) : Stow : 

Marten, et div'fi 

alij. 



3[n June after, the whole Army took (hipping at Southton, and returned in 
December following ; The fucceffe of which Journey I leave to the relation of the 
Annalls of thofe times, who all agree That much was not done. 

3[n 



1523 



Hife of a^auricc tijc ^ixt^ 



%n July following in the s'.*" of his raigne, the king in perfon went into ffrance 
with a powerfull Army, what time hee tooke Tirwine and Turney | and fome other 
Cities, And returned into England in Oftober following; with whom went and 
returned this lord, But what charge or comand hee had in that royall Army I have 
not found. ^ 



197 



645 



I^OtDbcit, this lord (then in the 46'.'' year of his age,) being required to expreffe 
his opinion for the ordering of the Army fent into Gafcoigne, I find as followeth, 
which I the rather here infert, Afwell becaufe the fame is this lords own rough 
draught and proper hand writing. As for his poflerity to difcerne the difference of 
military difcipline in thefe times from thofe of the 4'.'' of King Henry the eighth. 



<9triev0 to ficc o6;9fert)cb for tfje lllniip. 

Imprimis, to divide the Army into three parts ; That is to fay, the Voward, Maurice Lord 

Batde, and Rereward. I't^'oT'"'"- 

Berkeley. 
Item, to appoint the cheifeft Captaine of the Voward, and what Captaines and 

number fhall goe with him. 

Item, to appoint the Captaine and number of the battle. 

Item, to appoint the cheife Captaine of the rereward, and what Captaines and 
number fhall goe with him. 

Item, the high Marfhall for the Army. 



Item, the provoft Marfhall. 



Item 



1 Little menrion is made of Maurice Lord Berkeley in the State Papers of Henry viij. He is named 
in a letter of Cardinal Wolfey, dated 20 Aug., 1523, to be required with Lord Sandes "for afTiflance to 
be gyven unto the Lieutenant (the Duke of Suffolk,") Vol. I. p. 123 ; and in another letter from Wolfey, 
dated at Hampton Court, the 30th of the fame month, it is mentioned that, " the Kinges Grace hathe 
levied a puiffant armye of as tal adlive and ele<5t perfons, with as expert and good Capitains, as hathe 
pafled out of this Realme at any tyme this 100 yeres ; whiche armye largely furnifhed and pourveyed of 
Ordenaunces Artillarye and other abilyamentes of werre, and femblably of vitailes in fufficient quantite 
is commytted unto the govemaunce and leding of the Kinges entierly beloved Coufin and Counfaillour 
the Duke of Suffolk as his Graces Lieutenaunt General of the fame. In whofe company be affigned 
diverfe Lords and other difcrete and experte Counfaillors and Capitains, as the Lords Mountjoy, 
Montague, Ferrers, Sandes, Berkeley, &c." (Vol. V. 170.) We do not however fee Lord Berkeley named 
in the proceedings againft Thferouenne and Tournay. [Ed.] 



198 €I)c %i\it0 of tl)e 25a:helep# 1506 

Item, the Treaforer. 

Item, the mailer of the ordinance. 

Item, three Captaines of the pyoneers, whereof one to bee with the voward, 
Another with the battle. And the third with the rereward. 

Item, a principall Captaine for the Scowtes. 

Item, feaven Captaines to have the rule of the watch nightly, whereof one to 
watch. And to have the rule of the ftale^ in the market ; And the fcoute to fend 
word to the Captaine of the ftale from time to time if the cafe foe require, And 
hee to advertize the Lievtenant ; And the faid Captaine to fend certaine of the 
ftale to view the watch of the Ringe fower times of the night. 

Item, before two of the clock in the morning the watch and fcout to bee 
releived with others. 

Item, the Marfhall to goe daily before, and to take and appoint the place 
646 where the Campe fhall lye ; And every lord and Captaine to fend a furrier | to 
receive the ground and place for their mafters lodgings. 

Item, to appoint one man with three officers under him to have the overfight 
of the carts and carriages, and to fee them conveyed out of the campe, from the 
tents unto the outfide of the feild ; And foe to march in that order as they (hall bee 
appointed, not fufifering any carriage to goe ten fcore before the voward, nor ten 
fcore behind the rereward ; And alfo at their coming to the Campe, having 
difcharged their carriages and fetched their forege, to place them for the fortifying 
of the campe as they fhall bee appointed by the Marfhall. 

Item, one principall man to have the rule and charge of all kind of viftualls, 
and to fee the diftribution thereof. And alfo to receive money for the fame ; And 
hee to have a convenient number under him for the better order and execution of 
that charge ; and to bee Clarke of the Market. 

Item, the campe to bee fet every day at a convenient houre. 

Item, the voward to remaine in order of battle untill all the carriages of the 

fame bee come where they fhall bee appointed, and the tents almoft fet up, And 

. then they of the voward to goe to their lodgings. 

Item, 
1 flail. 



1523 tlife of flJ^urice t^t JS^ixtt^ 199 

Item, the battle to remaine in order till the coming of the rereward, and then 
to goe to their lodgings. 

Item, the rereward to remaine in order of battle till all the carriages bee come 
into the campe, and then they to go to their lodgings. 

Item, every day a Captaine with a convenient number to bee appointed to goe 
for the forrage ; And that noe man to goe out of the forrage untill the faid 
Captaine be ready and in order for their defence. 

Item, the faid Captaine to fend out good fqyryors (fie) before his going forth. 

Item, that noe man goe to the forrage but fuch as their Captaines will appoint; 
And they to goe noe further nor tarry longer then the captaine of the foriage fhall 
appoint them. 

Item, every morning when the trumpets fhall give warning, every man to take 
down their Tents and lade their carts ; And the captaine of the voward to bee ready 
in order of battle before the going forth of any of the carts. 

Item, the battle to do the like. 

Item, the like order for the rereward. 

Item, the voward and rereward to have good fqyriors out in every fide. [ 

Item, that no man after the campe fet goe forth of the campe without licence ^47 
of the Lievtenant, the Scouts only excepted. 

Item, to appoint to the voward a Captaine of Horfmen. 

Item, the like for the battle. 

Item, the like for the rereward. CI)!!^ this lords writing. 

Il^l)iljeit this voyage was in preparation and this lord bent towards the Journey, 
Hee for his better provifion borrowed one thoufand pound of John Heron Sergeant 
at lawe ; And for the fetling of his eflate and repayment of the faid money in cafe 
hee (hould dye in that warre, by his Deed tripartite dated the 26* of March in the 

third 



< 



200 



€t|e %iMt^ of tlje 23n:ftdep3i 



1506 



cartas cum Edro third year of Henry the 8*, by the name of Maurice Berkeley knight, enfeoffed ST 
William Read knight, Richard Brook Sergeant at law, and others, of his manors of 
Bofham ffuntington and Thorney in the County of Suffex ; SCnlJ of his manor of 
Winge in the County of Bucks, And of his manors of Bretby, Roftlafton, Cotton 
and Linton in the County of Derby, And of the manor of Wetherly in the County 
of Liefter, And of the manor of Denge in the County of Effex, and of his manors 
of Auconbury and Wefton in the County of Huntington ; To the ufe of himfelf 
and his heires and to performe his lafl will. 



Deringe milite et 

baronet dat. 26. 

m'cij. 3. H. 8. 

Subfcrib : Morys 

Berkeley. 



Duae cartse cum 

pdco Edro 

Deringe mil[i]te 

et barronetto. 



^ntl by another Deed of the fame date, It was between all the faid parties and 
the faid John Heron agreed. And this Maurice did accordingly covenant, That the 
faid ffeoffees fhould fland feized, To the ufe of the faid John Heron and his heires 
untill hee were paid one thoufand pounds w'^ his charges in levying the fame, which 
fomme hee hath borrowed of him. And after to the ufe of himfelf and his heires, 
and to performe his laft will. 



Pafch : 4. &. 5. 

H. 8. rot. 333. in 

banco : 



Volunt Sub 

Sigillo. 5. H. 8. 

in cadro de Berk : 



648 

Funtington 



Office. 29. H. 8. 

pod mort. Thomae 

Dfti Berkeley, vi'i? 

vide in vita Jacobi 

Dni. Berkeley, 



3[n Eafter term in the 4'.'' and 5'!* of king Henry the S'.*" then upon his faid voy- 
age into Gafcoigne as hath been faid, hee fuffered coiiion Recoveries of all or moll 
of his lands, thereby to cut off all old entayles, and to draw a fee fimple to himfelf, 
the better thereby to difpofe of his eftate in fettling of his affairs by his lafl will ; 
Having alfo the year before made divers feoffments of the fame manors the better 
to perfe6l the faid Recoveries : 31111 which hee declared to bee. To the ufe of himfelf 
and his heires, and to the intent to perform his will ; which, firft in the third year, 
and after in the fifth year of Henry the 8'^ hee did at large ; %titi declareth that the 
manors of Melton Mowbray, Coldoverton, Sileby, Mountforrell, Segrave, Thur- 
lafton, fflekenhoe, Tetbury, Daglingworth, and Sages, fhould bee To the ufe of 
Katharine his wife for life in lieu of Joynture and Dower; And the manors of 
Bofham, ffunt | ington, Thorney, Winge, Segrave in Penne, Bretby, Cotton, Roft- 
lafton, Lynton, Repington, Witherly, Auconbury, and Wefton, fhould bee to the ufe 
of John Heron untill hee were paid the faid thoufand pound borrowed of him, 
according to Indentures thereof made in the third of king Henry the eighth as 
before is touched ; And then his feoffees to grant thefe Annuities to thefe perfons 
following for their feverall lives, viz! To James Berkeley Efqf his brother. Twenty 
pounds p Ann. To Thomas Try his Sollicitor Ten pounds p Ann. To Margaret 
Shippard. 3'.' 6" 8? To Raph Butler. 4'.' To Thomas Berkeley 4!' (of whom were the 
Berkeleys of Berkeley Town,) To Richard Berkeley 4" (of whom are the Berkeleys 
of Worcefter and Herefordftiires,) To Peter Swift. 6l' 13? 4*? To George Shippard 

4'^ To 



1523 



%iic of a^aurifc tfiC ^iitl) 



201 



4'.' To James lluen. [fie] 6'.' I3?4^: And foe to twelve others for their feverall lives out 

of the manors laft mentioned ; And after for payment of his debts; And after to his 

right heires ; wiierein his providence, (leaft his will fhould bee fuppreft,) was fuch 

that, with the privity of his faid follicitor, hee left three feverall wills, (one and the 

fame,) all ingroffed in parchment under his hand and feale at Armes in three feverall 

freinds keepings ; All which came after togeather, and are now in Berkeley Caftle. 

51lnb afterwards in the I2'^ of king Henry the 8* hee added a Codicell to the former Volunt. 12. H. 8. 

will, and thereby gave five hundred marks to the faid Mary Berkeley his brother 

James daughter, fo that in her marriage fhee bee ruled by his executors and by the 

Pryor of Bath and by the Mafter of the Gawnts at Briftoll ; And appointed alfo a 

great portion of money towards the building of the body of the Church and 

Monaftery of S' Auguflines, And in making of a Chappie of our bleffed lady within 

the fame Church, wherein, (faith the will,) I intend by Gods grace my body after 

my deceafe fhall lye. And for the reedifying and building of the church and chancell See fol ; [540] 

and flails of the ffryars minors in Glouc, whereof (faith his will) I am founder. And 

where dame I fable Berkeley my grandame lyeth buryed ; which work (faith the faid 

will) I have now began, and in cafe I dye, Then my executors fubftantially to finilh 

the fame : 3llnt> this Lord further declared by his faid will, That if any perfon fhould ' 

put out or molefl his faid Cozen Thomas Try out of the manor of Callowdon, which 

hee hath for Terme of his life by the joynt demife of him and his mother in the 5* 

of Henry the 8'.^ or fhall avoyd any leafe, grant by Copy, or anuity by him made or 

to bee made, Then his executors to fell his manor of Bretby from him and his heirs. 

And with the money arifeing, to fattisfy his faid Cozen Try, and every of his leffees 

and Grantees which fhall happen to bee expulfed. | 511nb by an addition the fame 

year to this will and Codicill, hee giveth his leafe of Yate of 80 yeares after his 

wives death to his nephew Thomas, (after lord Berkeley,) fon of his brother Thomas; 

And to his faid wife the one half of all his plate and goods both at Yate and elfe- 

where, And the other half to the faid Thomas his nephew. 51nD now at Calais, the 

ii'.*" of Septr 1523, in the fifteenth of king Henry the eighth, by a further codicill 

annexed to the former will, appointeth his body to bee buried in Trinity Chappie in 

S' Nicholas Church in Calais; And that his two chaplins Handly and Afkwith 

fhould celebrate and pray twenty years for his foule. The firft ten years in Trinity 

chappie, and the other ten years in S' Auguflines monaftery in Briftoll, And to have 

ten pounds a peece yearly wages out of his man! of Bofham. And gave further 

feaven other anuities, (befides thofe afore mentioned,) to feaven fervants during 

their lives. Stnb further increafed his wives joynture with the manor of Tetbury 

for her life. 

mttt 

2 D VOL. II 



649 



Volunt. Mauric. 
15 H. 8 in 
caflro de Berkeley. 



< 



203 

carta cum Edro 

Deering milite et 

Barronett[o]. 



€f)f IlitcjBf of tljf 55erhricpief 



1506 



3llftct whofe death his executors, S' John ffit3-James cheife baron of the 
Exchequer and others, (per noia executor tefti dni Mauricij Berkeley militis rtni 
Berkeley,) having difburfed great charges about his funerall, had their difcharge 
from Thomas Wolfey then Cardinall and Legate, And from William Archbifhop of 
Canterbury and Legate alfo, by deed under both their feales dated the la'.*" of 
February. 1523. Anno is'f" of Henry the 8'^ 



pat : dat : 25. ^Ctltg the 7* in the 24'!" of his raigne granted to this lord for his life the ranger- 

°in caftrod^e ^'P ^""^ cuftody of the forrefts of Kingfwood and ffillwood, and the ftewardfhip of 

Berkeley, the manor and hundred of Portbury ; Upon furrender of which tres patent, (found 

imch: rec: 24. jnfufficient,) hee had a new grant the 20'!" of July in the 3'^ of King Henry the 8* 

fc»cio cum rem with the fee of feaven pence halfpeny by the day for Kingfwood and ffillwood, and 

Thelaur. j^^ ^^^^^ f^^ f^^ Portbury. 



Carta dat 6. Nov. 

I. H. 8. in cafl.ro 

de Berkeley. 



3In the firft yeare of king Henry the eighth, Sr Adrian Fortifcue knight made 
this S' Maurice fteward of his manors of Bradfton and Stinchcomb and of all other 
his manors and lands in the County of Glouc, for his life, for the fee of twenty 
fhillings. 



carta in caftro CfjC fame year S' Thomas Knevet and Mirriell his wife made this lord 

de Berkeley. Steward of their manors of Paynfwick, Moreton, and Whaddon, in the Coin of 
Glouc, for the life of the faid Mirryell, with the fee of 53L 4? <©f which Mirryell 
fol : [479] fee before in the life of Thomas lord Berkeley the fourth. 

'"de^Berk^fe™ ^Cllll in the 4'!' of king Henry the S'!" S^ Charles Brandon made this lord 

650 fteward of his manors of Paynfwick, Whaddon, Moreton Valence, and | Rengworth, 
in the county of Glouc, and mafter of his game of Deer, with a few buck and few 
Doe and 53L 4? fee, for his life. 

Carta. 27. m'cij. %n the 6'^ of king Henry the 8'^ Adrian, Cardinall and bifhop of Bath and 

151 5- Wells, efranted to this lord the keeperfliip of Pucklechurch parke, (not two miles 
m callro de ° 1 it 

Berkel from Yate,) for the terme of his life. 

Cartaincafl.ro ^[n the 1 2'^ of king Henry the eighth, S' Arthur Plantagenet made this lord 

e er e ey. fj.g^^j.j ^f j^jg manor of Panefwick and of all other his manors and lordshps in the 

County of Glouc, and mafter of his game of Deere there, with the fee of 3'.' 6L 8? for 

his life : And doubtles this lord Maurice was a very able man, And, befides his 

military knowledge, better flcilled in the laws and ftatutes of the realme than any 

of 



1523 



aifc of a^aucicc t^e ^i-Etfj 



203 



Volunt : 12. H. 8 
in caflro de 
Berkel : 



of his Anceftors, his father excepted, whofe follicitor hee was, as in his life hath 
been faid. 

3|n the 7'^ of king Henry the 8* this lord bought of the king the wardfhip of pat: dat. 24. Maij 
the body and lands of John fonne and heire of Richard Berkeley of Stoke Gifford ; ^^ Berkeley^ 
for which hee paid five hundred marks ; And by his will five years after, diredled, 
that at fixteen years of age hee fhould marry I fable Denys his fifters daughter ; 
And if fhee dyed or refufed. Then to marry Ellenor Denys her filler, And fo to 
Margaret another filler : But the marriage held with the faid I fable, as in the lives 
of the lord Maurice the third and of the lord Maurice the fifth is formerly written, fol : [315] 
propagateing an eminent pofterity of many thoufands at this day 1627. 

3[n the I4'^ of king Henry the 8'^ this lord Maurice bought of the king the Carta in caftro de 
wardfhip and mariage of Thomas fon and heir of S' Owen Perrot, whom by his will 
hee diretled to marry his brother James Berkeleys daughT, which after his death 
tooke an happy effed;, (hee proving as matchleffe a lady as lived in her days ; from 
whom an army of eminent gentlemen and a fair race of great nobillity at this day 
living, (1627,) are difcended, as in the life of the lord Maurice the fifth this lords 
father hath appeared. 



25p the award of S' Edmond Tame, Sr John ffitz James chiefe baron, and 
Robert Bowringe, the 24'!' of ffebruary in the 5'^ of Henry the 8'.'' That great con- 
troverfy which had many years been tumbled with variable fucceffe, between this 
lord and his father And S' Robert Poyntz, was ended ; whereby this lord had to 
him and his heires the manor of Daglingworth, And the moitie of the moitie of 
the manor of Brokenburrow, extending into the Townfhipps of Tockington, 
Almondefbury and others, fometime yf lands of John Knull fon of Rys ap Evan ; 
SUnb the faid Sr Robert had to him and his heirs the manor of litle Marfhfeild, and 
the other moitie of the moitie of Brokenburrow : And they to prefent to the chantry 
of Al I mondfbury called Brokenburrows Chantry by alternate turnes : And that 
Ifable mother of this lord, and John Berkeley fon of Thomas this lords uncle, 
fhould feverally releafe, viz! Ifable, all her right in Brokenburrow, and Jn? Berkeley 
all his right in litle Marfhfeild, to S' Robert Poyntz. 3llnD this alfo finifhed that 
tryall at lawe which had paffed againfl; this lord, And the writt of Error which hee 
had brought for the reverfall of the judgment given upon that verdi6l. 

3In the tenth of king Henry the 8'^ began this lord Maurice to allow 6" 13L 4? 
p ann, ex eleemofyna fua, out of his almes and bounty, towards the repaire of the 
church of the Gray ffryars in Glouc. ; which liberallity hee continued many years, 

yea 

2 D 2 



Carta in papir 
in caftro de Berk :. 



651 



In banco. A? 
H. 8. 



Comp : manerij 
de Vpton S'. 
Leonards cum 
Am : Ligon milte 
Voluntas Mauricij 
12. H. 8. 



204 



€l)e UibfiS of rfje 25nrhricpjflf 



1506 



yea after his death, till the fame was finifhed ; Of which place this family were 
fol : 648. founders ; as before is touched in this lords life. 



rec in fccio cum 

refnthefaurp.H.S. 

rot. 55. 



carto in caftro de 
Berkeley. 



3[n the ninth year of king Henry the 8'^ what time this lord held himfelf half 
aflured of a reftitution, the king, (by this lords own meanes noe doubt,) awarded his 
comiffion to this lord and others, to find out what wafts and fpoiles of Deere wood 
and timber were committed upon his lands called Berkeleys lands, within his 
hundred of Berkeley : Of the carefull execution whereof and returne, fmall queftion 
needs bee made. 

CI)e 7* of July in the year 15 16, in the 8* year of king Henry the 8•^ This 
lord Maurice and eleaven others of the like ranke joined in a devout petition to the 
popes hollnes, And obtained graces of having power to chufe each of them a 
preift to bee their confeffor, And hee to bee by this grace enabled to abfolve them 
and give them abfolution ab omnibus fuis peccatis, criminibus, exceffibus et deli6lis, 
quibufcunque, de quibus corde contriti et ore confeffi fuerint, from all their fins, 
crimes, exceffes, and offences, whereof they ftiould bee contrite in heart and 
confeffed with their mouthes ; with many other graces, one whereof was, to enter 
into any nunnery, et cum monialibus converfari dumodo ibm non pernoflent. And 
to converfe with the Nunns there, fo that they ftay not with them all night &c : 
And fome other of the graces were de coinutatione votorum et relaxiacone jura- 
mentorum, of changing their vowes and releafe of oaths ; And de plenaria remiffione 
et abfolucone peccatorum, femel in vita et in mortis articulo, of plenary remiffion 
and pardon of their fins once in life and in the inftant of death ; And de ingrediendo 
monafterio monialium, to have recourfe to the Monafteries of Nunns as before ; 
And divers others. All which they obtained from his holinefs as they had petitioned : 
(Upon the power and efficacy of which Indulgence, part queftion this lord greatly 
relyed. 

Liber ordinis W^Ctca^ in the fcruteny for Ele6lion of new knights of the honorable order of 

gartenj, manufcr ^|^g garter, to fupply any one deceafed, each knight of that order nameth three 

652 princes, three of the baronage, and three knights, whereout the king | as foveraigne 

of the order choofeth as beft him pleafeth ;^ This Maurice was in the fixth yeare of 

king 

^ At the foot of the Manufcript is the following note to this pafTage, in a different hand-writing : — 
" 1723. I dont know how it might bee in thofe days, but now it is only for forms fake they are named 
but never any choofe but whom the Sovereign appoints but is an eafy miflake for fo did this Prince of 
Wales when W Halifax carried him the Garter from Queen Anne and fliewed him all the form of chufmg 
he darted and faid : ' How came I to have it, you have the mod votes ? ' " — [Ed.] 



1523 Hlife of JU^auricc tt^c ^iitl) 205 

king Henry the eig[h]th named for one by Thomas Howard the Duke of Norfolk, 
and by Charles Brandon duke of Suffolk, by the Earle of Worcefter, and by S' 
Thomas Lovell, but miffed the election. 

3In the S'.*" year hee was againe in the fcruteny named by the faid Duke of 3 jj g 
Suffolk, Sr Thomas Lovell, and S' Henry Marney, after Lord Marney. 

3[n the lo'!" year hee was againe in the fcruteny named by Thomas Gray 10. H. 8. 
Marques Dorfet, S' Thomas Lovell, and the lord Poynings. 

3[n the 14* year hee was againe in the fcruteny named by the Earles of Devon 14. h. 8. 
and Worcefter, and S! Thomas Lovell. 

3fn the I5'^ year, (about five months before hee dyed,) this lord was againe in 
the fcruteny named by the Duke of Suffolk, the Earles of Devon and Effex, 
S' Thomas Lovell, and ST Richard Wingfeild, but allwayes miffed the Ele6lion ; All 
which five times hee was named a knight and not a baron,^ 

3fn the 7* of king Henry the 8'^ the king made him Leivtenant of the Caftle Volunt: 15. H. 8. 

of Calais, and Captaine over "^o men at Armes, whereof one was to bee Conftable of P''^'^ • M^^^uncij. 

. ^ . -^ ' Pat : 7. H. 8. in 

the faid Caftle; which was of great profit unto him in regard to the fees and caftrode Berkeley. 

allowances belonging to thofe offices : And what great fervices hee often did againft 

the French whilft hee was lievtenant the marginall will informe his pofterity. Marten, fol : 396. 

5lintl many tres remaine in Berkeley Caftle diredled to the right reverend and 
worftiipfull Sr Maurice Berkeley knight and Leivtenant of the Caftle of Calais : 
Amongft others, one from Thomas Norton mafter of Burton S' Lazar, wherein after 
hee had acknowledged that their Mills neere Melton Mowbray were given to that 
monaftery by his noble progenitors fower hundred years agoe and more, hee tells 
him his officers at Melton are by his dire6lion, as they fay, about to fet up Mills at 
Melton, to their great prejudice in their fuccom, which none of his progenitors lords TolL 
nor ladies have ever attempted : %vXi further, that our holy fathers, popes of Rome, 
have confirmed all fuch guifts, with many dangerous words and fentence to them 
that either hurt, harme, leffen, or minifh any poffeffions of their faid houfe ; Trufting, 
that it is not his mind to bee any of thefe, whereon it feemes, that that proje(5l was 
laid afide for a time. JDljicJj tre alfo ftiewes, that at this time this lords wife was 
with him at Calais. | 

^ In the fame hand-writing as the lad is this note in the margin :■ — " James Earl of Berkeley was the 
firfl of this family that was a Knight of the Garter 1617 [1717?] and Vice Admirall of England, ftrfl L4 
of the Bedchamber to King George y^ firil, Commiflioner of the Admiralty &c." — [Ed.] 



•; 



ao6 C|)c litc^ of t^ 23(Tftdcpsf 1506 

653 Sl^anp were the petitions of right which this lord Exhibited at feverall times to 
king Henry the S'^, to have reftitution according to right and the laws of England 
of the Caftle and Manor of Berkeley, and of the manors of Hame, Appleridge, 
Alkington, Hinton, Came, Hurfl, Wotton, Simondfall, Cowley and Simbridge, in 
the County of Glouc; and of Wefton befides baldock in the County of Hartford ; 
and of Portbury in the County of Somerfet ; And of Kington in the County of 
Warwick ; (which were all that remained in the kings hands of the Marques 
Berkeleys entayles made to his father king Henry the feaventh ,) And divers kinds 
of propofitions at feverall times were made by him to the king, the better to fweeten 
his fuites and draw on expedition ; wherein at laft hee foe farre prevailed that hee 
had the kings hand to bee reftored to them : 3in one whereof hee ufed thefe words, 
That this lord William his unkle conveyed thofe manors to his maj"f father without 
any money receiving, but onely from an high and pompous mind to bee exalted to 
the degree of a Marques, and to bee created Marques Berkeley. Howbeit death 
prevented this lords defires, caufmg all that labor to bee loft, which was never after 
profecuted by any of his heires, till the hand of heaven returned thefe manors and 
lands to the lord Henry the firft, upon the death of king Edward the fixth. As after 
foUoweth in his life. 

^CttDCnt Edward Stafford duke of Buckingham, (who by divers writers is 
noted to bee a man of an high fpirit, and very ambitious, and a daily plotter of 
Treafon againft king Henry the eighth, for which at laft hee loft his head in the 13'!' 
of that kinge,) and this lord Maurice was much bitternefs, which continued till neare 
the Dukes death ; fome ill relifhes of whofe impofthumed malice are not yet waflied 
out of divers papers in Berkeley Caftle ; As the Dukes calling this lords wife, falfe 
chorle and wiche ; And him, falfe unnaturall Maurice : And that the leaft that is 
then at Yate neere towards him, fhould fet right nought by him at his own doors where hee dwelleth; 
And that hee ftiall be faine to feed piggs, as hee did afore when hee dwelled at Port- 
bury, the which is more meet for him then any other worfhip both for his reafon 
and his perfon, or for any goodnefs or vertue that is in him, fave falfe covetoufnefs 
and falfe defire of that hee hath noe right to. 3tnJ) on the other fide, this lord 
Maurice caufed one of his fervants to tell the duke, that thofe words belonged to 
the duke and to his Earldome, and that hee fent them back againe to ftop muftard 
pots with ; And that hee loved him not, nor none of his, nor never would ; <C>f which 
hatred between thefe two neighbors the country towns in thofe parts had foe open 

654 notice. That the Duke coming in his | way towards London to lodge the firft night 
at Tetbury, ten miles from his houfe at Thornbury, the Baily and burgeffes, 

(hopeing 



Thorabury. 



1523 



Hife of a^auricc tijc Mxtii 



207 



(hopeing belike to pleafe thereby this lord Maurice their landlord,) kept him from 

their Town, not fuffering him to lodge in any of their Inns or houfes : whereof this Lres in Berkeley 

lord Maurice was forthwith advertized, then at Calais, by the tre of one of his preifls. 

31lltl It is more then probable, that this lord had a finger in removing the Dukes 
head from his fhoulders, within two years after thefe ufifavoury vents. 

3ln the 14* of king Henry the 8'^ this lord is celebrated in the Annalls of Marten : fol : 396. 
thofe times to bee one of thofe cheife and valerous Captaines, worthy of all praife, 
who under the Earle of Surrey, generall of the Army, did fo great fervice againft 
the french king, in facking of his Towns and Caftles, with the gaine of an incredible 
booty ; And other martiall imploym'? of this lord, afwell at home againft Perkin 
Warbeke in the time of Henry the 7*^ as againft the Scots and ffrench in the time 
of Henry the 8'^, each fecond year at leaft till hee dyed ; Witnes his valour and Marten, fol : 348. 
worth in Martiall affaires. 

^^i^ creation of 25acon. 

CI)t^ is the place promifed in the lives of the lord Robert the firfl: and of the folio 39. 

lord James the firft, and of the lord Maurice the fifth this lords father, to fpeake 5°^ 

further and more largely of the Barony of Berkeley, and of this lords new calling 

by writt to the eftate, ftile, and dignity of a Baron or peere of the Realme, And 

really to bee lord Berkeley ; and of the place of precedence which the lords 

Berkeleys now liave or ought to have in Parliament amongft their peeres, then in 

the lives of thofe three lords I have done : Cl)C nominall title of lord Berkeley 

afwell this lord Maurice himfelf, as his father before him, had frequently ufed in 

their ftiles, in moft of their own Deeds and Indentures; And foe alfo ufed 

many great perfons, as the Duke of Norfolk and others in writing to them to 

call them ; And fuch alfo was the ufuall fpeech of fervants in their families at home 

and abroad : i^otobnt, neither was this lord Maurice, nor the lord Maurice his 

father, re veri and really, a peere of the realme, nor a Baron of Parliament, nor 

called to | any parliament fince the death of Witim Marques Berkeley in the 7'^ 655 

year of king Henry the 7'^ till the end of this 14'!" year of king Henry the 8'K So 

that for thofe 31 yeares this barony of Berkeley, (as the phrafe of comon law is,) 

was in Abeiance, fufpence, or confideration of law ; for it may not bee faid. That 

the Marques Berkeley by the grant of the Caftle and manor of Berkeley, which is 

but 

^ Sir Maurice Berkeley is mentioned by Hall as one of thofe who followed the King to Taunton on 
this occafion. Chron. p. 485. [Ed.] 



•i 



208 1^ libcjBt of tite 22>nrhcIcpjBr 1506 

but a matter in faft, did transferr his title of honor to king Henry the y'."" and foe the 
king to bee lord Berkeley ; Neither, in truth, in all the Marques his grants to that 
king is any fuch word as Barony, dignity, title, ftile, or honor, found, but only 
words fitting for transferring the corporeall fubflance of the caflle of Berkeley and 
of the hundred and manors and fervices thereto belonging. 3CnD therefore in 
regard of fuch the kings poffeffion in the Caftle and manor of Berkeley, the name, 
honor, ftile, and dignity of L"? Berkeley, was fufpended in the Crown ; 311ntl now 
upon this calling of the faid Maurice by writt, hee became puifne or youngeft baron 
of all others, loofinge, by acceptance thereof, his Anceftors ancient place of pre- 
cedency in parliament, as himfelf, upon receipt of his Writt, brought him to Calais 
by George Scheppard his kinfman, and fervant, judicioufly conceived : Upon whofe 
returne back into England, three of his deareft and moft intimate wife friends, in 
their reply, thus wrote unto him. 

€0 tfie lorb 25crMcp, lieutenant of tfje Castle of €a\ai0. 

Letter in y« caflle 3(w OUt tlQ^t hearty manner, wee recomend us to your good L?fhipp : So it 

of Berkeley, jg^ ^gg perceive by your fervant George Scheppard, That yee would bee content 

to know our advice in taking of this honor, which the kings grace by his writt hath 

lately called you too ; S', wee all will advife you to take the honor ; and howbeit 

that as yet yee have not the roome in the parliament chamber that the lord 

Berkeleys have had of old time, yet wee will advife you to take this roome 

appointed to you at this time, and to make noe labor of the higher roome at this 

time, for caufes to longe to write : And yet divers lords your frends here would 

have had you labor for the lord Berkeleys roome, howbeit peradventure yee fhall 

have more convenient time hereafter then now ; And for your farther fpede in this 

' matter, wee have caufed your name to bee enterid into the parliament roll, with your 

writt, and have deficed the lord Mountgoie to appier there for you, and to give his 

voice for you in like manner as in time paffide hath bene ufied one lord to doe in 

656 the abfence of another; So that you | ftand now by matter of record in the full 

eftate and degree of a Baron, wherein wee pray God to fend you good continuance, 

^^ 1523. with as much honor as ever had Baron before you. 

At London the 6'^ of May 1523. 

Your own affurede 
;; John ffit5 James. 

Richard Weyfton. 
William Denys. 

I. m 



1523 



Sift of Sl^aurife tljc ^iirti 



209 



I. (©f whom Sr John ffif^ James was lord cheife baron of the Exchequer, and 
then one of his feoffees, trufted with his eftate, and the principal! executor in his 
will. 



2. ^tr Richard Weyfton, was of the kings privy Chamber, a difcreet valiant Marten chron. 
and temperate man, as Marten and others call him. ° " ^''' 

3. QCnll William Denys had maryed his only filler, Anne Berkeley, of the 
kings privy chamber alfoe ; Who all knew That the king at this time had figned 
with his hand his petition of Right, for his reftitution to the barony Caftle and 

manor of Berkeley, and of the other manors formerly named, the true effentialls fol: [653] 
thereof ; And therefore, (if noe other caufe were,) their advice was good, that this 
lord fhould not bee too earneft at firfl for the fhadowe but to ftay a while for the 
fubftance, till a more convenient time fhould inveft him in the actuall poffeffion of 
his faid caftle and lands, either by that kings reftitution, or by the kings death 
without iffue male, then having none, nor likely by his wife to have any ; and then 
the place of precedence would follow of courfe and by lawe. 

^et for all this would not this lord take this Stile and Calling upon him, unles 
withall hee had his Anceftors place in parliament, as another ire written to him by 
his faid kinfman and fervant George Schipward the I3'^ of the faid May doth inti- 
mate ; wherein he tells him. That the lord Cheife Baron and Mafter Denys have Lres in Berkeley 
knowledge that yee ufe not your name within your houfe according, wherein they 
think, that if you ftiould foe doe ye doe not well : And alfo their advice is, that yee 
(hall provide a fadd gentlewoman in the court, to wayte upon my lady, to attend 
upon her according : meaning according to her new honor of Baroneffe ; Where- 
upon this lord at laft accepted of the Honor conferred by the faid writt, And con- 
tented himfelf with the kings pleafure of being the youngeft Baron in place at that 
Parliament. 5tn& at this time, many ires congratulating this his new | honor, were 
written to him, (as alfo many others were, upon buifines,) which from henceforth 
were diredled. To the right honorable and my efpetiall good lord, my lord Berkeley, 
Lieutenant of Calais ; which words of right honorable, neither hee nor his father 
had received before. 3lntl amongft others, Thomas Burghull preift, in his ire from 
London dated the 5'^ of that May, writes, (inter alia) to him. That where the kings 
grace hath create you lord Berkeley, this is a good preparative for the hope that his 
grace will hereafter endue you with the very lordfhip of Berkeley, your inheritance, 
which I pray God I may fee. 

2 E VOL. II 



Caftle. 



657 



»» 



.2IO CIjc %i)ic0 of ti)e 25crhelcpiB{ 1506 

5Cn& thus, (for ought I have perceived to the contrary,) flood the place of this 
lord Maurice in his precedency, but from the end of this 14'? yeare of king Henry 
the 8* And foe alfo of Thomas his brother and heire, and of Thomas his fon and 
heire, and foe alfo of Henry his pofthumus fon and heire, till the I9'^ of his age, 
when by the death of king Edward the fixth without iffue male the Ancient dignity 
barony honor caftle and manor of Berkeley reverted to the faid lord Henry, both as 
right heire to the lord William Marques Berkeley, the conuzor in the fyne often 
before mentioned. And alfo by difcent of the ancient dignity from the firfl: creation 
of the lord Robert the firft, in the firfl year of the raigne of king Henry the fecond, 
Anno Dom . 1 1 54. which by the former a6ls or conveyances made to the heirs males 
of king Henry the feavenths body, could not bee extinguifhed ; As that profound 
Coke: ii rep: learned Judge Sr Edward Coke hath in the cafe of the lord De la Ware, (formerly 
mentioned,) delivered : ^citljCT could the acceptance of the dignity by this lord 
Maurice, or the continuance thereof by the two next lords, Thomas and Thomas, 
bee any barre hindrance or eftoppell to the lord Henry, when through want of iffue 
male of the body of king Henry the feaventh, hee entred upon his anceflors honour, 
and dignity in the firfl yeare of Queen Mary : whereto alfo hee is the better remitted 
by reafon of his minority and his then wardfhip to the Crown, as in his life will more 
fol : [727 et feq.] fully appear. H^j^crcupOlt I conclude. That the lord George, grandchild and heir of 
the faid lord Henry, notwithflanding any thing to the contrary, hath and of right 
ought to have, place of precedence and anteriority from the faid firfl year of king 
Henry the fecond. Anno . 1 154 . and confequently before the lords De la Ware, or 
any other now in the flate of a Baron in England, for ought I have found to the 
contrary : neither needs any paynes to bee taken to looke after reflitutions in bloud, 
for none of his Anceflors have at any time been attainted. 

3llllb befides, this lord, howbeit hee had his proxey, as by the former Lre | 
658 appeareth, yet never came perfonally to that parliament, but flill kept at Calais, 
where hee dyed in September followinge, as after appeareth. 

^i^ toifc. 

carta in caftro de 'CJ^iitf lord Maurice married Katharine the daughter of S' Wiftm Berkeley of 

Berkeley. gj-Q^-g Gifford, knight, in the fecond year of king Richard the third, then in the l7'^ 
year of his own age, and fhee not much under, with the good liking of their parents, 
as hath been partly before touched ; As alfo that fhee brought in portion as her 
dowry Forty marks in hand, and feaven hundred marks more payable by five marks 
every quarter, for fecurity whereof the faid S' Wittm made a leafe of his manor of 

Kingflon 



1523 



Eifc of a^aurice tlje ^ijtfj 



211 



Kingfton Seamor in the County of Somerfet, for 35 years, and alfo gave his obh- 
gation of one thoufand marks ; Howbeit, neither party fully performing their cove- 
nants, the fame was afterwards by another indenture between this lords father and 
Richard Berkeley fon and heire of the faid Sr Wittm, dated the 1 7'^ November in 
the I7'^ of Henry the 7'^, reconciled and performed without fuite, each remitting to 
other their mutual! breaches. 



Obli:dat:28. Jan. 
2. R. 3. in caftro 
de Berkeley 

carta in caftro de 
Berkeley. 



Clje Joynture of this lady at the time of her marriage was agreed only to bee 
one hundred marks by the year, and noe more, in regard of her hufbands apparant 
poffibillity to the Barony of Berkeley : his unkle vifcount Berkeley and Earle of 
Nottingham then being without iffue, whereby the hope of each parents fide, (all 
parties then {landing upon brotherly terms,) feemed affured of poffeffing one day 
his faid unkles eftate ; whereof not only the Covenants of this lord Maurice of 
eftating the faid Katharine in one hundred markes Joynture out of his faid brothers 
manors of Cam Slimbridge and others, which were to difcend upon him after his 
faid unkles death, but alfo the ftile w".'' this lord therein gave himfelf of being brother 
and heire of the faid Earle of Nottingham, doe fufficiently declare. 

25ut when her hufbands father and himfelf had raifed their eftates, her Joynture 
fucceffively by them was increafed alfo, infomuch as now upon her hufbands death, 
fhee had left unto her for her life in leiu of Joynture and dower as hath been faid, 
the Manors of Melton Mowbray, Sileby, Coldoverton, Mountforrell, and Segrave, 
in the County of Leicefl;^; | The manors of Thurlafton and fflekenhoe in the County 
of Warrwick ; The manors of Tetbury, Daglingworth, Sages, and Yate, in the County 
of Glouc. ; And the one half of all her hufbands perfonall eflate whatfoever ; which 
intimates to pofterity; her vertue and their affe6lions. 



cartae:dat 28. Jan: 
2. R. 3. in caftro 
de Berkeley. 



3. cartse in caftro 
de Berkeley. 
Volunt.dci Mauric 
in caftro de Berke- 
ley. 

Inq: pf mort Maur 
16. H. 8. in div's 
Coin 

659^ 

Origin in fc^cio. 
16. H. 8. rot. 



■3(11 the later two years of her hufbands life, this lady Katharine being but Comp : hofpicij 
lately returned from her hufband, then at Calais, came twice from Yate to Berkeley, 
not 8 miles afunder, what time her brother in lawe S' Thomas Berkeley had the Pat: 6. H. 8. in 
keeping of the Worthy Parke under king Henry the 8'^ ; In the one of which caftro de Berkeley. 
Journeys of pleafure, fhee was attended with 36 Horfes, and in the other with forty 
of her own fervants. 

ainb when fhee and the faid ST Thomas, (then lord,) a fewe months after Cartae dat i Dec, 

15- H. 8. in caftro 
her hufbands death, parted into two parts fuch houfhold furniture, (according to her de Berkeley. 

hufbands will,) as then was at Yate, the faid Thomas brought from thence in the 

behalf 



2 E 2 



< 



ai2 



Carta indent, in 
caftro de Berkl ; 



Cljc %i\}c0 of tf)c S^crhclcp^ 



1506 



behalf of his fon and heire, as part of his half, a truffing bed and tefter of cloth 
of gold, divers peeces of Arras imbroidered with gold, divers cufhions of gold, 
embroidered w'^ ramping lyons of filver, a fhaving bafon of filver weighing three- 
fcore ounces : Candlefticks with their prickets and fnuffers of filver of thirty ounces, 
two great flagons of filver, two potts of filver parcell guilt, a filver chafing difh, 
two great falts of filver with covers double guilt two gobletts of filver with covers 
parcell guilt, a great goblett of filver double guilt with a hind upon the cover, and 
three flatt bowles with covers pcell gilt, &c ; leaving the like for her, as by the 
note indented between them appears ; which argueth the furniture to bee the more 
honorable, and fliee a lady of the more ftate, for that the Weft Indies had not at 
this time ftiowred her barrs and Ingots of filver and gold upon Europe. 



Acq 



; 26. Apr: 
25. H. 8. 



SUnll this Thomas the fon not longe after received from the executors of his 
father, one chaine of gold with a croffe, containing — 324 . links and a hook of gold, 
a gown of ruffet velvet furred with Martens, one rich coat of tinfel, one plagard^and 
foreftocks of cloth of gold rayfed, and a roll of parchment of his fathers pedegree, 
which I mention for the caufe aforefaid. 



3It was not her good hap to have any iffue by this lord her hufband, but his 
hap to have a bafe fon by another woman, whilft hee lived at Calais, whom hee 
called Humphry Berkeley, but by what woman I could never find, neither would 
this lord ever mention it. Which Humphry dyed in youth without iffue. 



660 

Comp : hofpic : 

temp : H. 8. in 

caftro de Berkeley. 



?lnlJ further fuch was this lords difcretion, that hee would never in his life- | 
time fuffer his bafe fon to fee England ; 3JlnD fuch this ladies wifdom and love to 
her hufband, as fhee never tooke exception to that dalliance, but lived with great 
refpedl and obfervance towards him ; And noe lady more carefull in government 
over her hufbands family, nor more for his profit, then this good lady to the laft of 
her hufbands dayes. 



'CtjijBi Joynture thus lovingly from time to time increafed by this lord her 
hufband, this lady enjoyed not full three years after her hufbands death, before by 
her death fhee left it to the faid lord Thomas her hufbands brother and heire, and 
her foule to him that gave it, and her body to bee buried at Yate, fhee then of the 
age of fifty feaven years, whereof marryed to her hufband forty years and upwards, 
by whome for any thing I have obferved, fhee never conceived with child. 

1 Query? " Placket," a woman's pocket. See Halliwell. 



1523 



Hife of a^aurite tljc ^iit^ 



213 



^10 ^taW of %tme0, 

fCtjijaf lords ufuall feale was the Armes of Berkeley and Brotherton in one 
brode efchucheon of two inches and an half diameter, borne cornerwife ; The creft 
was the helmet with a half lyon on the top thereof ; The fupporters were, two 
lyons rampant, fupporting the helmet, circumfcribed figillum Mauricij Berkeley 
militis. 

3l!nb for his privy feale, this lord ufed a little Lyon rampant, the old paternall 
coate of the Mowbrayes : Behold the figures. 




fol: [648] 
fol: [649] 



^i0 tteatfy ant> place of liuttan. 

Cfjat this lord purpofed his body "fhould have been buried in S' Auguftines volunt. •?. 5. 12. 
Monaftery by Briftoll amongft the clufters of his honorable Anceflors, (where for ^5- H. 8 in cur: 
that purpofe hee had built a Chappie,) his three wills made in 3* 5'.'' and 12* of de Berkeley. 
Henry the 8'^ before | touched doe declare ; 25ut God difpofed that hee fhould dye 661 
in Calais, beyond feas, and bee buryed in Trinity Chappie within the parifh Church 
of S' Nicholas there, with fuch devotions for the repofe of his foule as formerly is 
declared out of the Codicill annexed to his laft will made the day before hee dyed ; 
And having perfedl memory during a lingring ficknefs, it canot otherwife bee con- 
ceived but that his confeffor, (who feemes by the popes grace formerly mentioned 
to have been purpofely provided againft that day of death,) then gave him a plenary 
remiffion of all his fins, efpetially having that fair advantage of time, to bee Corde 
contritus et ore confeffus, repentant in heart and his fins acknowledged with his 
own mouth ; 25ut I may not prefumptuoufly looke into this fecret cabinet ; But 
doubtles this lord fo much relyed upon the efficacy of this papal grace. That the 

prints 



214 



€|)e Uibrjer of tl)e ^ttMq^0 



1506 



prints of his Almfdeeds and other works of piety are found to be fewer then of 
moft of his Anceftors. 

CIjC lord Sands, (ftiled in his will his entirely beloved freind.) was prefent at 
his death, to whom hee bequeathed ffive hundred marks to purchafe lands to the 
ufe of the faid Humphry Berkeley his baflard fon and his heires, to whofe rule and 
cuftody hee comitted him : 3JlnD this is the firft and laft bafe child in all the genera- 
tions of this ancient family of the Berkeleys, or of their branches, which I have 
obferved in the fpace of five hundred and fifty years ; whofe pofterity ended in 
himfelf ; Baftard flipps feldome take deepe rootes. 



in Cane : 



Inq: in com. C^tjtf lord dyed the 12th of September, the feaft day of the exaltation of the 

^^Lek' Glouc'^" ^^'^ croffe. Anno . 1523 . in the fifteenth year of king Henry the 8'^ the Autumnall 
Suffex : 16. H. 8. equino6liall day ; A day wherein all creatures of the Earth beheld the fun, and hee 
the funs creator ; then of the age of fifty five years or neare thereabouts, whereof 
hee had been lord in ftile and reputation from the death of his father almoft 
feaventeen years ; but re vera, really, fince his calling to the ftate of Baron by the 
writt of Henry the 8'^ not halfe one yeare ; C{)nt whom amongft his generations 
none more wife and prudent, a foldier. Courtier, and great houfe keeper ; neither 
any man more loving to his brothers and fifters and their children, which in life and 
death hee cherifhed and provided for, as a naturall father. 



Inq : in Com. 

Hunt : 16. H. 8. 

662 



5llnJ) for his fervants, befides the Anuities before mentioned and many other 
by mee omitted, and befides thofe that time hath hidden from my finding, let this 
Inftance of bounty to Thomas Try his follicitor, in his perticuler, fpeake for many ; 
who out of ffenyftanton in the County of Huntington | had an Anuity of Twenty 
marks p ann for his life. 



Inq:p''dict: %\0(l a leafe of certaine pafture grounds called Sart feild and the hermitage, in 

Auconbury in the fame county, for 3 1 years at nyne pounds rent, worth at this day 
— 200!* p Ann, 

Inq : in com %l^0 a leafe of the manor of Afpele in Warrwickfhire for one and forty years, 

Warr: 16. H. 8. ^ ^^ a . f .1 

at 1 en pound rent, of a great value. 



Volunt : 15. H. 8. %\0t^ a leafe oC the manor of Callowdon in the Countyes of the City of 

Coventry and Warrwick for his life, at 33'!- 8': 4'' rent, worth — 360'.' at this day. 

m0o 



1523 



%jk of a^aurite ttic ^istfi 



215 



%\^0 other anuities out of other manors, of ten pound ; and — 6'i 1 3? 4^ for 
being his generall Sup'vifor and governour of all his lands in England and Calais, 
And fteward of ftiany of his manors. And fome others. 

51lfl which, like a provident man, (not knowing whether a new king after this 
lords death might arife that knew not Jofeph,) hee fortified by finding them in the 
offices after the death of this lord Maurice, which himfelf follicited : 51llltl furely hee 
was a wife diligent and trufly fervant, neare forty years, to fower difcents in this 
family ; whofe reciprocall bounties rayfed his eftate and reputation to bee of princi- 
pall authority and in Commiffion of the peace in the Countie of the Citie of 
Coventry, and a fteward of great power in that Corporation ; And a wife Com- 
miffioner in many imployments for neere ten years before his death, which happened 
in the 36* yeare of king Henry the 8* (©f whofe excellent Counfells given by a 
pen of fpirit to this lords brother and heire, I fhall after write in his life : 3Ilnb fhall 
alfo after that in the days of his grandchild, againe bring him to the Teft, whether 
hee continued of perfe6l mettall and faithfull to his end to this family or not ; till 
when I adjourne his further tryall, truth being the foule of this my hiftory : [ 



4. cartas in caftro 
de Berkeley et 
comp. Rec : 22. 
H. 7. ilom. et at. 



Ads. 7. V : 18. 
Exodus : I. V. 8. 



€I)e lanD^ef tulicrcof fjce bprti jefcised. 663 

tBttC it not that I will conftantly purfue my former method unto the end of 
thefe relations, I would have here omitted this title, having formerly mentioned 
almoft all this lords lands perticulerly out of his Will and other conveyances, before 
mentioned ; But take them as in a table here together. 

The manor of Tetbury, 

The manor of Sages, 

The manor of Daglingworth, 

Twenty-two marks rent in ffi-ampton. 

Divers meffuages and lands in Thornbury, 

The 4* part of the manor of Brokenburrow 
with the Advowfon of the Chantry there. 

Divers lands in Tockington, Hempton, Al- 
mondfbury, and Winterbourne, 

The manor of Bitton and Hannam, pur- 
chafed by him of Robert Dormer, 

The manor of Mangottesfield purchafed 

by him of Rob? Dormer, J The 



In the County of Gloucf 



< 



2l6 



664 



Cf)c SitjfjBf of rtje 2&a:ftdepjef 1 506 

manor of Aylmington, purchafed by ) 

1 of Wittm Huffy. ' \ ^" '^^ ^°""ty °^ <^^°"^- 

The manor of Upton S? Leonards in the County of the City of GIouc^ 

The manor of Hovingham in the County of Yorke. 



The 
him 



The manor of Bretby, 
The manor of Linton, 
The manor of Coton, 
The manor of Repington, 
The manor of Roftlafton, 

The manor of Melton Mowbray, 

The manor of Coldoverton, 

The manor Segrave, 

The manor of Witherly, 

The manor of Sileby, 

The manor of Mountforrell, 

The manor of Dalby Chawcomb, 

The hundred of Goflcote, 

The advowfons of Coldvton, Segrave, 

Howly Kegworth, and Sutton Bonnyng- 

ton, 1 

The Advowfons of the Abbathies of Crox- 
ton, Combe, and Burton Lazers, 

The manor of Thurlaflon, 
The manor of fflekenhoe, 
The manor of Afpele, 



■ In the County of Derby. 



In the County of Leicefter. 



In the County of Leicefter. 



In the County of Warrwicke. 



The manor of Callowdon, in the Countfes of the Citie of Coventry and 
Warrwicke. 



The manor of Auconbury, 

The manor of Wefton, 

The manor of ffenyftanton, 

The manor of Hilton, 

The manor of Guiherne and Murrowe, 



In the County of Huntington. 



The 



1523 tlife of a^urice tlje Jsbixt^ 

The manor of Maningford Brufe in the county of Wilts. 



The manor of Hinton, 

The manor of Kenet and Kentford, 



In the counties of Cambridge 
and Norfolke. 



217 



The manors of Bofham and Buckfold, 

The manor of Thorney, 

The manor of ffuntington, 

The manor and Parke of Bewbufh, 



In the County of Suffex, 



ffifteen houfes and tofts and 4 gardens in Calais. 

A Meffuage in Berkeley. 

ffower pounds rent out of Bromly in Surrey. 

3llfl tDl^tcI), (then of the value of — 1207". 7? 6? in old rent, ) difcended upon the 
lord Thomas his brother and heire, then ffifty years old and upwards, as by feverall 
Inquificons the next year after his death returned into the Chancery appeareth ; 
wherein mofl of the Recoveries, Fynes, feoffments, and other affurances formerly 
mentioned, are found. 

ffbr which the faid lord Thomas fued his fpeciall Livery the fame Yeare, not- 
withftanding the not finding of any Office, or not probate of his age. 

CftC refidue, not found in this lift but mentioned in the life of his father to 
have difcended upon him, as Winge, Bedford, &c. were either eftated upon this 
lords brothers, or by him fold or exchanged, as hath before in part appeared. | 



Comp : Rec : 13. 
14. H. 8. in caflr 
de Berk : 
Pafch : fines. 18. 
H. 8. rot. 5. in 
fc^cio. 

pa: 17. H. 8. cum 
rein regis in fc^cio. 
Hill : 16. H. 8. 
rot. 29. in fc^cio 
cum rein thefau?. 
Pat. 10. ffebr: 16. 
H. 8. ps. I. in 
Cane. 

Trin. rec. in fc»cio 
23. H. 8. rot 19. 
Claus : 7. H. 8. in 
cancell. 



€!)e apjrticfltion nnb uSt of ^i0 Hifc. 665 

I. CI^C imitable pra6lice of this lord invites his pofterity not to deferre the 
fetting of their eftates till old age or ficknes ; And alfo to leave behind them a tefti- 
mony of care and confcience, That neither kinfmen nor ferv'.', rewarded for their 
well defervings, be molefted ; 3lllt& to confider, as this lord did, That a new king Exod: i. v. 8. 
may arife that knew not Jofeph. %ntt alfo to provide, as this prudent lord did. 
That his tenants bee not difquieted in thofe eftates which they have bought and 
paid for, leaft the cry of violence or oppreffion, (however dawbed with the colour 

of 

2 F VOL. II 



2i8 €l)e UiMt^ of tf^e 25rthdrpjl 1506 

of the lawes,) drawe from heaven the difpleafure of that God, that will reward each 
one according to their moft fecret workings and intentions. 

2. 3ll0aittt« this lord, to all elder brothers in the generations of this family that 
have noe children of their own bodies, becomes a prefident, That brothers and 
collaterall kindred fhould bee to them inftead of children, and as dearly cherifhed ; 
wherein this noble lord equalled the beft in his generations. 

3. ^gatne, it was not foe truly faid of Uliffes, That having been ten years 
abfent the fmoke of his own country Ithaca was fweeter to him then the fire of any 
other, As it may of this lord Maurice ; ffor, though all his faireft poffeffions did lye 
in other Counties, where alfo hee had better feats and fweeter aire ; Yet, out of an 
inbred affeflion and memory of the place where his father and all his forefathers 
were born, bred, flourifhed, and buryed, hee allways aimed his endevors to become 
a Glouceflerfhire man, and to bee a ftranger in all other counties ; As his purchafes 
of Yate, Bitton, Mangottsfeild, Elmyngton, and other lands do manifeft ; And his 
father and himfelf having now been thrice ten yeares out of the poffeffion of Berke- 
ley, hee never ceafed to follicite the king for a reftitution, at what rate fo ever. As 
being out of the proper fpheare where his ancient honor dwelled ; but dying in the 
purfuite thereof, though thrice ten yeares more expired before that Caftle with her 

* members reverted, as in the life of the lord Henry will bee delivered, Yet his 

pofterity ftill held themfelves till that time faft unto their County, where they lived 
with ample honor and command, as by the lives that follow will appeare. Qfitttl it 
will bee manifeft to him that duely confiders of thefe relations, that the lives of fuch 
of this family as have eftranged themfelves from this County have leffe profpered 
666 in their eftates ; And how the fame may bee ve | rified hereafter, let the life of the 
lord George and his pofterity become further wittneffes. !3l^ application hereupon 
is, That fith few or none can in thefe days bee of remarkable honor and eftimation 
in many counties at once, or where noe former memoriall or footfteps have been of 
their forefathers. That this Berkeleian family ftiould ever profeffe themfelves natives 
of this County, as the proper Orbe of their ancienteft poffeffions, and wherein the 
greater half of the gentry are their kinfmen and allies ; 23ut efpetially not to fpend 
their days in London, or in the Court, which none of their forefathers have done 
fave the Marques Berkeley who thereby wafted all ; And to make a lord Berkeley 
any other then a Gloucefterfhire man is to turne him from his ancient honor eftima- 
tion and Inheritance : 3!f ^^Y others otherwife conceive, I hold them Ignorant of 
the ways and antiquity of this ancient family. Liberavi animam meam. 

4. Sllgaine, 



1523 ^iff of a^auricc tlje ^iirti 219 

4. ^dgaine, the awe and reverence borne towards this lord, efpecially with the 
Clergy, hath in nothing more clearly fhined, then that fewe or none of the Abbots 
Pryors or other heads of thofe religious monafteries whereof hee was founder by 
difcent from his anceftors, made any leafes to their farmors or tenants but that hee 
was made acquainted therewith and a party to the fame, and therein mentioned, 
That fuch leafes were made by his affent, being their patron ; whereof I have in 
the firft ten years of king henry the 8'^ feen many. A fpeciall obfervation of his 
greatnes and of the refpedl hee carryed with thefe monaflicall governors ; By whom 
hee was allwaies received into their houfes by proceffions cenfmg and other rights 
belonging to a founder. 

5. ^Unb Laflly, noe obfervation can bee more honeft and ufefull to this family 
then the prefident of this prudent lords care and courfe taken for the true payment 
of his debts owing at his death ; Wherein to the honor and due memoriall of him 
And of this family in twenty generations, I have not obferved, (heaven is my 
witnes,) that any man or woman have juftly complained and gone away unfatisfied, 
or had caufe to fay of any of them. Thy duft is my debtor for a penny. | 

668 } ^^^""^ 



2 F 2 



^t Cife of ®l)oma0 tl)e JFtftl) 



669 



€|)e life of Thomas Lord Berkeley the fifth of that 
name, ftiled in Writings after his brothers death, Sir 
Thomas Berkeley knight lord Berkeley, SCiili Thomas 
Berkeley knight lord Berkeley Mowbray and Segrave. 
5Ilnb was proavus, or as our Anceftors the Saxons called, 
fortha - fader ; And wee at this day great - great - grand- 
father, or the grandfathers grandfather to George now lord 
Berkeley. 

SUnb may bee called Thomas the Sheepmafler. 
Conteitiporarp with Henry the 8'.'' from 1523. tiH 1532. 
Clje Life of this lord, I deliver under thefe eleaven titles, 



VIZ'. 



I. — f^i^ birth and manner of education, fol : 

2. — l^ijgf imployment in warre and peace . fol : 

3. — I^i^ Almes and devotions ; fol : 

4. — l^iiS fale of lands, fol: 

5. — ^10 Hufbandries, fol : 

6. — J^ijBi wives, fol : 676. 

7. — l^iiBf iffue, fol : 677. 

8. — jj^i^ feales of Armes, fol : 686. 

9. — J^iiBf death and place of buriall, fol : 687. 
10. — i^i^ lands whereof hee dyed feized, fol : 691, 
I r. — CIjC application and ufe of his life, fol : 692. 



669 



f^a ^irtf) anti dEtiiuation. 

Ct^C Inquificons found after the death of this lords elder brother declare his 
birth to bee about the I2'^ year of king Edward the fourth. Anno. 1472 . 
what time and for many years after, his father lived | at Thornbury, where 
during his pupillage this lords education was, in that populous market town : 311ntl 
as affaires then flood with his parents, his inflrudlion and pradlice more bowed 

towards 



Inq. 16. H. 8. in . 
div's : Com. pod 
mort : Maur. de 
Berkley. 
670 



»M Cljc Hibcirf of tljc 5&erFtdfpjBr 1523 

towards a country life, befitting a younger brothers younger fon, then for the Court 
or greatnes, as the fequell of his Hfe declared : And to render this lord that honor- 
able mention which hee deferves, Hee, for the moft; part of his elder brothers life, 
both before hee went to dwell at Hovingham in York fhire and after his thence 
returne to the keeping of Berkeley Caftle, was a perfe6l Cotfwold fheppard, living 
a kind of graziers life, having his flocks of Sheep fommering in one place and 
wintering in other places, as hee obferved the feilds and paftures to bee found, and 
could bargaine beft cheape. 3IIni> the better to bee his own Auditor, hee kept a 
Liber in caflro de book of his own hand writing, of all his receipts and payments gaines and loffes 
Berkeley. ^Qu^hing thofe flocks : during which time hee fold his wooll ufually for . 12L 81 the 
8. in caftr de todd : SCllD this kind of hufbandry in thefe his dales of a younger brother became 
^' to him foe habituate. That when hee was a baron and a great hous keeper at Yate 
after the death of his fifter in lawe his elder brothers wife, hee obferved the like 
Comp: 18. 19. 29. order of Accompts keeping with his own hand for all his receipts, houfhold Ex- 
Berkeley, pences, and buildings : knowing what happines that houfliolder brings to himfelf 
and family, that with the morning faith to himfelfe, as the page was appointed to 
fay to the king of Perfia, Arife Sir, and take order for your affaires : 

5Ilrt> as a further fruite of this lords prudence and frugallity, hee upon the death 
of his elder brother, fojourned with his wife children and family with his brother in 
lawe Jn" Arnold at Hynam by Glouc, the fooner to recover his eftate, furnifh his 
houfes, and get before hand ; at what time a great part of his land was in Joynture 
to his brothers widowe, and in feoffees hands for payment of his brothers debts and 
performance of his Will : A confiderable prefident for pofterity, which his fon 
and grandchild immitated, as in their lives appeares. 

5[n the twentieth year of king Henry the feaventh, then in the 31*?" year of his 
age, hee married Alienor the widow of John Ingleby Efq^, what time and fhortly 
after, his father and elder brother conveyed to him the man? of Hovingham in 
Yorkfliire, Sages, and Upton S! Leonards, and their lands in Thornbury, and in 
fome other places in Glouceflerfliire, and the manor of Hinton in Cambridgefhire. 

'" Berkeley' 55ut the next year after his fathers death, hee for eight hundred marks fold 

671 away the manor of Hinton to Robert ffewrother a Goldfmith | of London and cove- 
nants it to bee — 3 2" p'ann old rent : 3C fotnll fortune that hath befallen this noble 
family for the fix lafl: generations to enter upon their inheritance with a fale of part 
thereof, as after more fully will appear. 

mom 



1532 



%iit of Ctjoma^ rtje f ifrt) 



223 



^HElOUt a year after that hee and his wife were fetled in Hovingham, (fhee then 
either great with child or newly deHvered of her fon Thomas) they went in a kind 
of Pilgrimage to vifit divers religious houfes ; And amongft others thofe at Yorke, 
where in recompence of their great bounty beftowed on the Covent of the ffryars 
mynors, fryar William the guardian thereof beftowed on them celeftiall prayers and 
bleffmgs, and by his deed granted unto them perpetuall participation of all their 
maffes, prayers, faftings, afperities, watchings, preachings, and of all other good 
things there done under his government, afwell in life as after their deaths; Adding 
alfo of his fpeciall grace, (the words of the Deed,) That when notice of their deaths 
fliall bee given to their Chapiter, the fame recomendations fhall bee made to God 
for them that is done for their own brethren newly departed the world. 



Carta : 1508. 23. 
H. 7. in caftro de 
Berkel : 

Comp. hofpic : in 
cad : de Berkeley. 



5!n the 18* of king Henry the 8'!' the warden of the fryars Mynors in Glouc. 
and his covent, did by their deed covenant with the lord Thomas and in their 
confciences bind themfelves thenceforth, to fay during the life of the faid lord, for 
the foules of his father and mother, and for the foule of his brother Maurice late 
lord, and of Katharine late wife of the faid brother, and for the foules of himfelfe 
and of Alienor and Cicely his wives, and for all chriftian foules, thefe divine 
fervices ; viz! Every munday placebo and derige with nine leffons. And every 
teufday one maffe of requiem, And every thurfday placebo and derige with nine 
leffons. And every fryday a maffe of the five wounds, with the colleft deus qui 
juftificas impium ; for which this lord doth covenant to pay to them fower pounds 
by the yeare. The one half for the warden, and the other halfe for the pitances 
of the Covent to amend their fare. 



Carta : sa. Marcij 
18, H. 8. in caftro 
de Berkeley. 



0n the back of which deed one with a hand of fomewhat a later time hath 
written thefe words ; 3 f the Clergy could fell and make perfect fale of the remiffion 
of fins with affurance of the life to come, for money, they fhould fhortly have more 
coyne then the king ; And 4'! was too little for all thefe prayers ; but cafuall ware 
is fold good cheap ; God pardon us all, C|)Uj( the dorfe of the deed. 



3In the firft year of the raigne of King Henry y* 8* this lord had from the pat- dat. i. ffeb. 1. 
king a generall pardon, not procured to purge himfelf from offences comitted | " ' Berkeley.. 



againft the lawes, but out of providence taken up at the kings Coronation. 



672 



j^ce was a Captaine over a bond of men, and a fpeciall comander at the great Annales Anglie im 

battle called fflodden feild, where was prefent 100,000 Scots, foughten the nynth of div'fis fcriptis 

^ ^ Marten fol. 361. 

September 36a. 



324 



-Cljc Eite^ of tl)c 25crhclepjGf 



1523 



Pat : 15 Maij. 6. 

H. 8. in cailr de 

Berk: 

Comp : Manerij de 

Alkington. 9. et. 10 

H. 8. in caflro de 

Berkeley. 



Carta . fub privato 

figillo. lo.febr. 13: 

H. 8. in callro de 

Berkeley. 



September Anno . 1513 . in the 5'^ of Henry the 8'^ if hiftories may bee beleived ; 
whereat ^fOTlfief the fourth king of Scots was flayne ; whilft his brother in law the 
king of England, (with whom at the fame time this Thomas his Elder brother the 
lord Maurice was in perfon, at the taking of Tyrwin and Tourney, and at the battle 
there fought with the ffrench ;) And for his good fervice here at this battle of fflod- 
den this lord Thomas received the honor of knighthood in the feild, by the hands 
of Thomas Howard Earle of Surrey his Cozen germane in the fecond remove, 
fhortly after created duke of Norfolk. 

JShtg Henry the 8'.*" in the fixth of his raigne gave this lord Thomas the 
Conftablefliip and Porterfhip of Berkeley Caftle, and the keeping of the faid Caftle 
park called the Worthy, and of the palerfhip thereof ; And the keeping of the red 
and fallow deer in Chifelhunger and Redwood, and the fifliings of Smethmore and 
of the gale in Seaverne, as amply as James Berkeley his brother now lately dead 
had held the fame, with the yearly ffee of three pound duringe his life. 

3llnll in the 13* of his raigne the king caufed this lord Thomas to inlarge the 
faid caflle park called the Worthy by taking into it the grounds called Hamflalls and 
Coltenleys ats Culverheys, the Twichen (where the fcite of the old manor houfe of 
Alkington flood,) and Manmead, with a peece of the Oakleys called the Ragge ; 
And to repaire the pales of the refidue, for that complaint by petition (faith the 
king) had been made to him of the great damage his deere did in the corne and 
graffe of his tenants ; Jpoc this family is to conceive That till this time that parke 
was not greater then the ground called the Worthy extending to Hurdpoole, fcarce 
three-fcore acres : 3lnll forthwith after upon a fecond petition removed all thofe red 
deere which were in Redwood Chefelhunger and Branwood into that park, and 
into his park of Eftwood which hee had the year before by the attainder of the 
Duke of Buckingham. 

3fn the I4'^ of king Henry the 8'^ this Thomas was high Sherife of the County 
of Glouc; and kept his houfe at Mangotsfeild which not longe before hee had much 
repaired, and where his ftanding family for mod part had continued fmce his returne 
from Hovingham in Yorkfhire; | And now dies the lord Maurice his elder brother at 
Calais, before this Thomas was (as I conceive) difcharged of his Shreevewick of 
Gloucefter" 

Privat Sigill: 16. ^Http the S'.*" in the 16'!' of his raigne having proclaimed open warrs againft 

'" Berkeley^ Francis the ffrench king, whom hee called infefliffimum inimicum fuum, his moft 

deadly 



pat: 14. H. 8. in 
caftrode Berkeley. 



673 



1532 



Hife of Cl^oniajtf tfft f iftlj 



225 



deadly enemy, and wanting money to make good the warre, fendeth to this lord 
Thomas a Comiffion and withall private infl;ru6lions how to handle his fubje6ls in 
this County of Giouc, and to work them to the kings ends : which being matter of 
State, and not within the lifts of this hiftory, I leave, with this. That this lord 
laboured more then this his country then thanked him for. 

3In the 17* of king Henry the eighth, It was articled between Thomas Duke caru in papiro in 
of Norfoike (whofe father dyed the year before) on the one part, and this lord caftrode Berkeley. 
Thomas on the other part, Cl^at Thomas this lords fon and heire, or if hee dyed 
before his age of nineteen years, then Maurice his brother before his age of fifteen 
years, fhould marry Katharine daughter of the faid duke, whofe marriage portion 
fhould bee one thoufand pounds, whereof 200" at the fealing, and 200'! each year 
after at Martlemas, till the thoufand pound was p"?; 3llnD if by death or otherwife 
the mariage held not, then this lord Thomas to repay what hee had received by 
fifty pounds a yeare ; And that this lord Thomas fhould make the faid Katharine a 
Joynture of five hundred marks, And allow fifty pounds a year for their maintenance, 
And this lord to leave his faid fon one thoufand pound a year land after his 
death ; ffot performance whereof this lord Thomas gave a Recognizance of one 
thoufand pounds ; Howbeit this marriage held not, as after doth appeare. fol: [702.] 



3It may bee written of this lord Thomas, that hee did not more really inherit 
his elder brothers honor and lands then his affedlion and defire of being a meer 
Gloucefterfhire man, and of being imbowelled into the foile of that County ; 
accounted by them the proper and genuine Climate of their Anceftors, And in which 
meridian the fun had happily fhined by a fweet influence upon fixteen of their 
generations : And according to this his affecflion, having many fair poffeffions in 
other Counties, which hee accounted as forreigne, hee entertained fundry communi- 
cations with divers gentlemen of other fliires having lands in this County of Glouc, 
of exchanging fuch his lands with them as lay in the counties where they dwelt, and 
more commodioufly for them ; %v3i therein amongft others proceeded foe farre with 
one Sf Richard Sacheve | rell, that this lord and hee, (then being togeather in London,) 
articled under their hands and feales of Armes for an exchange of all this lords 
manors and lands in the Counties of Leicefter and Warr. where Sf Richard dwelt, 
in lieu of S' Richards lands in the County of Glouc. ; But by whofe only means the 
fame brake of, let the tres of Thomas Try often before mentioned then dwelling at 
Callowdon, (very averfe thereunto,) written to this lord then at Yate and Mangotf- 
feild in the County of Glouc, in the faid I7'^ year of king Henry the 8'^ tell this 

family 

2 G VOL. II 



674 



Div'sLf es bundled 
togeather in 
Berkeley Caftle. 



< 



226 



lo AuguRi. 
bragged. 



knights fees. 



Cl^e Hibcflf of tfjc 25crftclcpjaf 



1523 



family in M'. Trys own words ; viz', Cljtlt Sr Richard had faid to him with great and 
high flanderous words and crackes, That hee would have this lords lands in thofe 
counties whether hee would or not : Telling this lord further by his Lres ; That S- 
Richard upon S' Lawrence day fent a great company to keepe the faire at Melton 
Mowbray, jefting there, that hee had caught his Lordstip within fuch a compafs, 
that he could not ftart from him, and foe had enflamed in all the Country ; SClUl 
that S' Richard had difcharged all his L?stips officers in thofe manors, Which (faith 
M' Try) greiveth mee full fore That S' Richard Ihould foe craftily delude you from 
fixteen lordfhipsand feignories, warranted to your Lo"^" Anceftors by the kings noble 
progenitors under the great feale, with many other coinodities : %0 unto the lordfhip 
of Segrave dependeth eight Advowfons, which are great, 40'.', fifty marks, 40 marks, 
20'!, &c, befides your goodly foundations, that I know noe man (faith M' Try) there- 
abouts have none fuch, if you regard them well, as at my coming to you I fhall make 
declaration : '^Cnb as touching your knighten fees, yee have . 300 . longing to yo' 
honor, befides your other Lordfhips : 3llnlJ as for two of your faid knighten fees, I 
truil to get you an hundred marks and better towards your charges, as I fhall fhew 
to your LoP at my coming which fhall bee fhortly. 



fll^t. Crp having by this and other like tres gained upon this lord as to paufe 
upon this exchange, and to promife that hee would fend his Counfell to him to 
Callowdon to confider fully of this buifinefs, Hee by his other Lres, (returned by the 
fame meffenger as themfelves do fhew,) declareth his marvelous comfort therein, 
faying C()tlt then it (hall appear before his Counfell the great deceit fallaxity and 
crafty waies caft and invironed to deflroy and holy to an nyntyffement of your 
honor for ever, if God that is infinite, cui nihil incognitum eft, had not lede the 
penne, for there was never man of honorable bloud foe near taken and trapped by 
perverfe finifter and falfe meanes as your good lords^ had beene, not only to your 
endles reproche, but alfo to the defolation hin | drance and decay of your noble 
fucceffe after your departure, loofing two fuch baronies as Segrave and Mowbray 
is, whereby ye are lord Segrave and lord Mowbray, And thereby your ftile of honor 
fhould bee loft from you and your honorable iffue for ever ; Therefore (faith Mr 
Try) infomuch as they falfly mindeth to deceive and diftionor your, noble bloud, 
force your felf with the help of Jhefu to retraite and annull their mifchevous and 
froward purpofe ; And God will increafe your honor and give you ftrength, and fo 
fliall daily bee my prayer for the increafe of your honor, longe in good life to endure, 
fcribled7re''and written this 1 7'!' of this month of Auguft, with the blotting hand of your humble 
blotted, fervant. Thomas Try. 

I^crcupon 



deceiveablenefs. 
annulling. 



675 



This tre is indeed 
a very hady 



1532 



%iie of €^oma0 tijc f iftf) 



227 



l^CtCUj^on this lords Counfell came to Callowdon, where this honeft and wife 
gentleman foe made good his informations, That the next Term this lord himfelf 
went to London taking with him thefe tres, as the words of this lords own hand- 
writing on the back of one of them implies, whom Ml; Try, (though then not 
recovered of a broken leg,) there mett ; where followed a finall breach of this 
intended exchange, much furthered alfo by the duke of Norfolk, to whom M' Try 
had free acceffe on all occations, as other tres of his do declare ; And afterwards 
other exchanges intended likewife by this lord Thomas with other gentlemen fell 
of alfo. 



3tniJ it is apparent That the Counfell here mentioned to bee fent by this lord Comp: receptor: et 



were the Steward of his lands, the Auditor of his revenue, the receiver of his rents, 
and Sollicitor of his law caufes, whom this lords fon mofl coiiionly accompanied ; 
and thefe once in the yeare vifited all his man"?, and lands. And then not only held 
his courts and granted eftates to his tenants in each manor where they came, but 
alfo took the accompts of the Bayliffes and Reeves, caufing them there to pay in the 
moneys in their hands to the receivour ; And from Callowdon at this time they went 
to Bretby and other manors of this lords. 



hofpicij in caft.ro 
de Berkeley. 



3fn the 31'!' of king Henry the 8'^ was a fuite in Chancery between Thomas Carta exempl: in 
Woodward and other inhabitants of Slimbridge pi'? And Edward Trotman and 
others def'?, touching the feverall coinonings of their fheep upon Slimbridge Warth, 
wherein from the depofitions of divers witneffes therein examined appears the 
hufbandly courfes of this lord, who in the 20'^ of H. 8* then dwelling at Mangotef- 
feild, built a fheep houfe on a pcell of ground by the Warth, And having hired 
common of Rich^ Hannis one of the coheirs of Rivers, kept there a flock of flieep, 
which hee afterwards withdrew, faith thofe depofrtions, upon remonftrance to him 
made by the inhabitants of Slim | bridge, (for at this time hee was not lord of that 676 
manor,) That noe perfon by the cuflom of the faid Warth might have fheep going 
there unles hee perfonally dwelled in Slimbridge or fiframpton parifhes ; which how- 
foever it went for currant in that fuite, yet I am fure for forty years pafl the contrary 
hath been ufed, and ftill is. 25ut this fuite, (whereto this lord was noe party,) fets 
out his hufbandly courfe of life, which is the end I Vouch it for. 

'Cf)tjEf lord Thomas in the twentyeth of king Henry the 7* not two years before carta in caftro de- 
his fathers death, maryed Alienor the daughter of S; Marmaduke Coneflable of Berkeley. 

Yorkefhire, 
2 G 2 



228 



€fit %i\iC0 of tlftc fBcrhdcpiEf 



1523 



Carto. 14. Maij. 

*'['So5] •" caflro 

de Berkeley. 



Yorkefhire, knight, then the widow of John Ingleby Efq', fon and heir of Sr William 
Ingleby knight, by whome fhee had iffue a fon called Wittm Ingleby ; whofe ward- 
fhip of body and lands, this Thomas aad Alienor the 14* of May in the third year 
of the Bifhops tranflation, bought of the Bifhop of Durham,^ of whom the fame 
were holden by knights fervice : (0f which William is an honorable pofterity with 
opulent poffeflions, flourifhing at this day. 



Carta 5. H. 7. in 
caftf de Berley. 



Rec: mich: terme: 
34. H. 7. rot. 327. 

rot. claus: in cane: 
20. H- 7. m. 



CI^C Joynture which this Alienor had for her life from her firfl hufband, was the 
manor of Spridlington in Lincolnfhire, and divers meffuages and lands in Rowclifife, 
Skelton, and Eftharleifey, in Yorkfhire, affured to her upon her firfl marriage in the 
5'h of Henry the feaventh ; whereby I conceive fhee was fomewhat elder than this 
lord her fecond hufband : %vJti for her fecond Joynture upon this her fecond marriage 
with the lord Thomas, had affured to her the manor of Hovingham in Yorkfhire, 
(where fliee and this lord her fecond hufband lived the moft part of the firfl: twelve 
yeares after their Marriage,) And the manors of Sages and Upton S' Leonards in 
Glouceflerfhire, with fome other lands. 



carta in caftro de %Vii the better to enable this younger brother for fuch a wife, his father and elder 

Berkeley, brother conveyed to him and the heires males of his body the faid manors of 

Hovingham, Sages, and Upton Sf Leonards, and all their lands in Thornbury ; And 

the manor of Hinton in Cambridge Shire ; Some of which by new agreements were 

after reconveyed to the faid Maurice his elder brother. ) 



677 



fol : [690] 



CtlM Alienor was a mild and vertuous lady, taking great care for the education 
and marriage of thofe two fons and two daughters of whom this fecond marriage 
had made her yl mother, as by divers tres and muniments in Berkeley Caflle may bee 
collefted ; jj^otubfit before fhee could fee thofe works performed, ftiee left her bleffing 
to them, and her foule to God, in the 17* yeare of king Henry the 8'^, having been 
baronefs near two years ; And lyeth buried in the monaftery of S' Auguftines by 
Brifl;oll, to whofe fide her hufbands body was after brought, as foUoweth. 



Volunf 24 H 8. '^^ fecond wife of this lord was Cicely the widow of Richard Rowdon of 

3. carta in caRro Gloucefter, Efq' and daughter and coheir of whom hee 

er eey. ^^^^-^^^ -^^ ^^ie 18* of Henry the 8*; And whom againe after fix years hee left 

a widdow, with her own eftate (hee brought, And the manors of fifenyftanton, 

Hilton, Auconbury, Wefl;on, Guiherne, Charters and Murrow, Bitton, and Upton S' 

Leonards, 
1 William Sever, who was tranflated from Carlifle in 1502. [Ed.] 



Mich:rec:38.H.8. 

rot. 25. cum rem: 

thes: 



1532 



%ik of €^oma0 tfje f ifti) 



229 



Leonards, in recompence of her Joynture and dower by him ; which within fower 
months after her hufbands death, fhee affigned to his fon and heire for the yearly carta in caftro de 
rent of 142'! 06! 8^ which was paid her till the laft of Queen Mary, when fhee Berkeley, 
dyed at Briftoll, where (hee lyeth buryed ; And for her continuall abode there was Divers: compi 
called my lady Cicely of Briftoll. 



miniflr in callro 
de Berkel : 



2&P which later marriage of this lord hee hemmed in ffrances one of the two 
daughters and coheirs of the faid Richard Rowdon to bee wife to Maurice Berkeley 
his fecond fon, as followeth ; (the other called Katharine being after married to 
Wiftm Read,) which alliance was partly the caufe why this lady Cicely took part 
with the faid Maurice in the unkind fuites w"}" his elder brother the lord Thomas, 
and after him the lady Anne his widowe, preffed againft him, as after is related. 

511ntl it is truly faid, That thefe two ladies Alienor and Cicely were the laft 
wives to the lords of this family that have not had private ends for their own 
advantages upon their hufbands affaires, and too often prevailed over them. As in 
the lives that follow to the end of this hiftory will appeare : 31lltl like to hold for one 
generation further. 

^10 i00m. 

C{)t^ lord Thomas, by the lady Alienor his firft wife, had two fons Thomas and 
Maurice, and two daughters Miriell and Jone, Of whom in order. | 

I. CfjomnjEf the eldeft was lord after his father, whofe life followeth by the 678 
name of Thomas the fixth. 



m^aurice, the fecond fon, had by the conveyance and will of his father fetled 
upon him for his life, the manors of Dalby-Chawcombe, Mountforrell, Mangotsfeild, 
and other lands ; And the manor of Aylmington, to him and the heires males of his 
body : wherewith hee had fmall quiet, through the fuites that arofe about them 
between his elder brother and his widowe the lady Anne, as in their lives appeares. 

CtjijS? Maurice married ffrances daughter and coheire of Richard Rowdon, 
brother and heir of Walter, fons of John Rowdon, after remarried to Richard 
Danvers, by whom alfo fhee had iffue remembred in the laft will of Thomas lord 
Berkeley her father in lawe with a chaine of gold and other legacyes,) by which 
ffrances this Maurice had two fons, and fower daughters, viz5 

dEtitoacb 



Shee dyed. 4. Eliz: 
Ing: 5. H. 8. poa 
mort Rowdon. 
Volunt: Thomas de 
Berkeley. 11. Jan: 
24. H. 8. 



13© 



€lie Hibcitf of tijc SBcrfecTrpjef 



1523 



^bttliirb Berkeley of Bradley by Wotton, who marryed Elizabeth daugT, and 
heire of Brice Berkeley of Bradley, and died without iffue, and is buryed in the 
Chappie of Berkeley Church with this infcription, J^crc lyeth the Body of Edward 
Anno 19. Eliz : Berkeley Efq.', who deceafed the , 23'^ of March : Anno Doin : 1576. 

Maurice younger brother of the faid Edward dyed alfo without iffue. 

Matthewe. ffrances their elder fifter was married to George Matthew, who had iffue 

Thomas Mathewe, who by Judith his wife daughr of Henry Towenfend of Oldbury 
hath left iffue, Richard Mathewe that now is, Anno . 1628. And lyeth buryed in 
Portbury Church, with this miftaken infcription upon his tombe. Here lieth the body 
of Thomas Mathewe, gent : and cozen germane to the Lord Berkeley, who departed 
this life the I4'^ day of Decem' 161 5. For hee was in the third difcent. And George 
now lord Berkeley (in whofe time hee dyed) in the fourth difcent from this lord 
Thomas, their common Aunceflor. 



Morris. Alienor, their fecond fifler was maryed to John Morris, who had iffue Mary 

lince dead without iffue : Sfijtf alfo is another fifter of the faid Alienor, married to 

Clifford. James Clifford of fframpton, who lived not longe togeather, before death took her 
away without iffue. 

Weftley. Anne the fourth fifter was marryed to Leonard Weftley, who had iffue ffrancis 

Weftley borne after the death of his father, now of Cromhall in the hundred of 
Berkeley ; who by Anne his wife daughter of William Trotman of Wotton hath 
iffue Henry, now attendant upon George lord Berkeley ; And after, the faid Anne 
Rowdon. was remarried to Anthoney Rowdon of Bromyard in the county of Hereford ; by 
whom ftiee had iffue Richard, ffrancis, Ifaacke, and Dorothy Rowdon - Which faid 
Richard Rowdon, hath iffue Edward, ffrancis, John, and Awdry ; And the faid 
ffrancis brother of the faid Richard, hath iffue Thomas, ffrancis, and John. The faid 
Ifaack is lately dead without iffue ; And the faid Dorothy their fifter is lately Married 
to Mr Blunt of Wye in the County of Hereford ; And this Maurice fecond fon of 
this lord Thomas lyeth buryed in Temple Church by Briftoll, in a faire tomb, 
with his portraiture and Efchucheon of Armes thereupon ; as I am informed. 

3. Sl^tcidl eldeft daughter of this lord Thomas, was in the 1 8'^ yeare of king 

Throgm'ton of Henry the 8'^ maryed at Yate to Robert Throkmerton of Caughton in the County of 

Warr, (after knight,) fon and heire of S^ George Throckmerton and of Katharine 

his 



1532 



Hifc of C^omaief tlje f ifrt) 



231 



his wife daughter of Nicholas lord Vaux ; CI)C marriage portion of Miriell was 750 

marks, as by an Indenture containinar many other covenants and agreements Carta: dat.io.Nov: 
A . , I 1 r • , T 1 n 1 , - 18. H. 8. in canro 

appeareth ; Ana her Joynture, as the laid Indenture Iheweth, was the manors 01 de Berkeley. 

Blacknonton in Worcefterfhire, and BIrdbury in Warrwickfhire ; fifor payment of 

which marriage portion many acquittances remaine on a file in Berkeley Caftle : 

Where alfo it appeareth, That her wedding hofe and fhoes coft, 22"? ^{)re was a Comp. Georg. 

lady of a fmall ftature, lived longe and vertuoufly ; And faw ere fhee dyed difcended ,3'^^% ^" ' 

from herfelf — 220 — perfons, as I have very credibly been informed, by fuch as 

undertook to recount them. Many of whom now follow ; 2IBl)trl^ S' George Throk- 

merton was fon of S' Robert, fon of Thomas, fon of John Throkmerton, who lived 

in the time of King Edward the third. 

C{)t^ Miriell Berkeley and Robert had iffue between them Thomas Throg- 
merton, Elizabeth, Mary, Emme, and Katharine, of whom in order. 

iCfjC faid Thomas Throgmerton maryed Margaret daughter and heire of William 
Horwood. Atturney generall to king Henry the 8'^, by whom hee had iffue John, 
Miriell, Mary, Margaret, Elizabeth, and Elleanor. 

The faid John the fon of Thomas maryed Anne daughter of Thomas Wilford 
of Kent, who had iffue Robert, Margaret, Ellenor, Winefred, and two or three 
younger fons. The faid Robert firfl married Dorothy daughter of S' ffrancis Fortefcue. 
ffortefcue of Buckinghamfhire, And fecondly married Anne daughter of S^ ffrancis Smyth. 
Smyth of Leiceflerfhire, by neither of whom hee had any iffue. Of the faid 
Margaret, Elleanor, Winifred, and the refl, I am not inabled to write. 

Myriell eldefl daughter of the faid Thomas Throgmerton and Margaret, filler Berkeley of Stoke 
to the faid John, was marryed to Henry Berkeley of Stoke Gifford, of whofe iffue ^?\^^^' '^^' ^'^' 
fee before in the lives of Maurice the third, and of Maurice the fifth. 



Mary the fecond daughter of the faid Thomas Throgmerton and Margarett is 
not yet marryed. | 

Margaret third daughter of the faid Thomas Throgmton and Margaret was 680 
married to Rice Griffin of Dingly in Northton", who have iffue Edward, Nicholas, Griffin 
Thomas, and Lucey ; whereof the faid Edward hath maryed the daughter of MT 
Draycote of Staffordfhire, who have iffue, and the faid Nicholas hath married Jane 

daughter 



232 



i€^ Hitcjr of tl^e 25erftricpjef 



1523 



daughter of Mf Edmond Peers of Warwickfhire, who have iffue, Thomas and Lucey 
are not yet married. 

Elizabeth, the fourth daughter of the faid Thomas Throgmton and Margaret, 

Griffith was married to Sr Henry Griffith of Wigmore in Shropfhire, who have iffue, Henry 

and Elizabeth ; which Henry hath married one of the Coheires of Sr ffrancis 

Willoughby Willoughby, who have yet noe iffue : And the faid Elizabeth is married to Sf 

Boyton Matthew Boyton of Yorkfhire, who have iffue, 161 8. 

Elleanor, the fifth and youngeft daughter of the faid Thomas Throgmton and 
Jenningham. Margaret, was married to Sr Henry Jerningham of Coffy in Norfolke, who have 
iffue John, William, Thomas, Katharine, and Elizabeth. 

The faid John maried Mary daughter of Sf ffrancis Moore of ffawley in Berk- 
Saunders. (hire, who have iffue Henry, The faid Katharine is maryed to Francis Sanders of 
Shankton in Leicefterfhire, Efquire. 

And the faid Thomas and Elizabeth are not yet maryed 

The faid William is (Anno 1624) maryed to Mary the widow of Mf John 
Younge. 

(C^C faid Elizabeth eldeft daughter of Miriell Berkeley and fifter of the faid 

Goodwyn. Thomas Throgmton, was marryed to Sr John Goodwyn knight of Winchington in 

Buckingham/hire, who had iffue two fons ; John, who by Anne his wife daughter of 

Stukeley. Sf John Baker of Kent have iffue a daughter marryed to S' Thomas Stukeley, 

between whom are divers children now living. 16 18. 

And ffrancis Goodwyn knight, brother of the faid John, who by the daughter 
of Arthur lord Gray, hath iffue Arthur, and Edward who is dead without iffue, and 
one daughter. 

And the faid Arthur by Jane his wife fecond daughter of S' Richard Wayneman 
of Tame Parke in Oxfordfhire hath iffue a daughter : And the faid 
Elmes. fifler of Arthur Goodwyn, is marryed to William Elmes of Greenfnorton in the 
County of Northampton EfqT 1618. 

CI|C faid Mary, fecond daughter of the faid Miriell Berkeley and Robert 
Arden. Throgmton, was maryed to Edward Arden of Parkhall in the County of Warrwicke 

Efquire, 



1532 



Hife of €|)omajer tfje f iftlj 



233 



Efquire, by whom fhee had iffue Robert, Katharine, Margaret, Myriell, Mary, and 
EHzabeth, who are married as followeth. 

The faid Robert Arden by Elizabeth his wife, daughter of Reignold Corbett, | 
a Judge of the kings bench, hath iffue Sf Henry Arden, and Anne Arden; which 681 
St Henry Arden by Dorothy his wife daughter of Bafill ffeilding of Newenham in 
the county of Warrwick Efq^ hath iffue, Robert, EHzabeth, Judith, Dorothy and 
Anne : And the faid Anne Arden was maryed to Waker fferrars Efqf fecond brother Ferrars. 
to Sf John fferrars of Tamworth caftle, who have iffue, John, Waker, and Dorothy. 

The faid Katharine Arden fifler of the faid Robert, was married to S' Edward 
Deveraux of Caflle Bromwich in Warrwickfhire, Baronet, who have iffue, Waker, Deveraux. 
WilHam, George, Henry, Edward, Margaret, Anne, Howarda, and Grace ; of whom, 
William, Henry and Edward are dead without iffue. The faid Margaret is maried 
to St Hugh Wrothefly of Staffordfhire ; And Anne is maryed to M' Leighton of Wrothefley 
Shropfhire ; And Howarda is maried to Thomas Dilke of Maxtock caflle in Dilke. 
Warrwickfh'; And the faid Walter Deverox the eldefl fon maryed Elizabeth 
daughter of Thomas Knightley of Preflon, in Northhamptonfhire Efquire, who have 
iffue Effex, Leicefler, Katharine, Walter, Edward and John Deverox. 

Margaret Arden another fifler of the faid Robert was firfl maryed to John 
Somerfeild, who was attainted of Treafon in the 25'f' of Queen Elizabeth, by whom Somerfeild. 
fhee had iffue Margaret and Elizabeth ; And fecondly to one De la hay. De la hay. 

Myriell Arden another fifler of the faid Robert, was maryed to William 
Charnells, who have iffue Edward, Robert, Godfrey, Anne, Myriell, and ffrances Charnells. 
Charnells. 

Mary Arden another fifler of the faid Robert, was maryed to ffrancis Wafery Wafery. 
of London. 



And Elizabeth Arden the youngefl fifler of the faid Robert was married to Shugburrow. 
Simon Shugborrow of Shugborrow in Warrwickfliire, who have iffue, George flaine 
at the I fie of Ree, and two daughters. 

CI)C faid Emme another daughter of the faid Myriell Berkeley and Robert 
Throgmton was marryed to Ralph Shelden of Beoly in the County of Warwicke, 

by 

2 H VOL. II 



4 



134 ^c %iMt0 of t^ 25crfttIcpjS 1523 

Sheldon by whom fhee had iffue Edward Sheldon, Elizabeth, Mary, Myriell, Margaret, 
Katharine, PhilHpa, and J one. 

The faid Edward Sheldon by Elizabeth his wife, daughter of Thomas 
Markam Efq' hath iffue William, who hath maryed Elizabeth daughter of William 
lord Peter, Ralph, unmarried, Edward Sheldon maryed to Anne filler of Thomas 
Morgan of Wefton, Efq', Frances, Anne and Jone ; which Anne is maryed to Henry 
Lucey. Lucy of Pinchburge in the County of Hartford Efql, And the faid Jone is maryed 
Apleton. to S' Henry Appleton of South benfleet in the County of Effex, Baronett, who 
have iffue, Henry, Anne, and Mary, 1630. 

The faid Elizabeth Sheldon fifter of the faid Edw"? is married to S! John 
Ruffell. Ruffell knight, who have iffue S' Thomas Ruffell knight. | 

682 The faid Miriell Sheldon an other fifter of the faid Edward is maryed to S' 

Clare ffrancis Clare of Worcefterfhire, knight. 

The faid_ Margaret Sheldon another fifter of the faid Edward is maryed to 
Standen William Standen of Berkfhire, Efq' 

The faid Mary Sheldon, another fifter of the faid Edward is maryed to John 
fflower fflower of Hambletdn in the county of Rutland EfqT 

The faid Katharine Sheldon another fifter of the faid Edward is maryed to 
Trentan ffrancis Trenton of Roceter in the county of Stafford Efq' 

The faid Phillippa Sheldon another fifter of the faid Edward is maryed to ST 
Sulliard John Sulliard of Wetherden in Kent. 

And the faid Jone Sheldon another fifter of the faid Edward is maryed at 
Andwerpe beyond feas. 

Cl^C faid Katharine, fourth daughter of the faid Myriell Berkeley and Robert 
Norwood. Thrograton, was marryed to Henry Norwood of Leckhampton in Gloceft' fhire 
Efq', by whom ftiee had iffue William and Jane. 

feefol:63i. The faid William Norwood, (who yet liveth, 1628,) by Elizabeth his wife 

daughter of William Ligon Efqf had iffue Richard, William, Henry, Raph, Thomas, 
Maurice, Elleanor and Elizabeth. 

» The 



»532 



%iU of €l)oma;ef tfyt f iftlj 



235 



The faid Richard Norwood fon of William, by Elizabeth his wife daughter of 
Nicholas Stuard Do6lor of the civill lawe, hath iffue, Augufline, ffrancis, John, 
William, Richaru, Edward, Thomas, EUeanor, and Dorothy, A° 1618. 

William Norwood brother of Richard, is dead without iffue. 

Henry the third brother of Richard, by Elizabeth his wife daughter of Sr John 
Rodney hath iffue, Charles, Henry, and Jane, that now are, A? 1618. 

Raph the 4'.'' brother of Richard, liveth a fouldier in the low Countryes. 
Anno. 1618. 

Thomas the fifth brother of Richard, hath yet noe iffue. 

Maurice the fixth brother of Richard, is dead without iffue. 

The faid Elleanor fifter of the faid Richard Norwood, was maryed to George 
Blunt of Sellington in the county of Worcefter Efq!', by whom fhee hath iffue, Blunt. 
Walter, ffrancis, George, Elizabeth, and Elleanor. 



And the faid Elizabeth, the other fifter of the faid Richard Norwood, was 
maryed to Richard Moore Efq', by whom fhee had iffue divers children. Moore. 

The faid Jane, fifter of the faid William Norwood, was maryed to Mr 
Bracebridge ; who hath noe iffue. Bracebridge. 

4. 3fonc Berkeley youngeft daughter of this lord Thomas, was on Midfommer 
day in the nineteenth year of king Henry the S'l" maryed at Yate, her fathers houfe, 
to Nicholas Poynz, (after knight,) fon and heir of S' Anthoney Poyntz of A6lon. Poynz: 
knight, whofe marriage portion was fix hundred marks, whereof one hundred pounds 
at the marriage, and one hundred marks each year after ; wherein the agreements 
were further, Cl^t if Nicholas dyed before the marriage, then fhee to be marryed script :dat: 20: 
to his brother Giles Poynz : Each father at his own charge to apparell his own J"n|J ^9- H. 8. in 
child after his degree : The charges of the wedding diet to be equally borne by Berkeley, 
either party: Her Joynture to bee — io6'!- 13?- 4^ by the year in land; And 280'!- 
land by the year to bee by Sr Anthony fettled upon the faid Nicholas and the heires 
males of his body ; If J one dyed, then all payments to ceafe then unpaid ; If by 



the 



2 H 2 



a$6 €!)e %iMt0 of rtjc ^etMcp0 1523 

the death of his fons this lords inheritance fhould difcend upon this Jone and her 
fifter, Then S' Anthony to repay fo much of the portion as hee had received, and 
one thoufand pound more in heu of that difcent ; And if her fifter Myriell dye 
without iffue, whereby Jone becometh fole daughter and heire, Then S' Anthony to 
pay. 20oo''.* and repay the 600 marks alfo : If differences arife, The fame to bee 
referred to Thomas then Duke of Norfolke : for performance of thefe agreements, 
S' Anthony gave his ftatute of looo''.' with fureties ; And the faid lord his bond of 
five hundred pounds : D^I)at fruite fprange from thefe two plants thus conjoyned, 
obferve in the vintage now following : ffoc the faid Jone and Nicholas had iffue 
I Sf Nicholas, 2 ffrancis, 3 Edmond, 4 Anthony, 5 William, 6 John, 7 Anne, 8 Jane, 
and 9 ffrances, of each of whom in order : 311n& this Sr Nicholas dyed in the third 
and fourth years of Phillip and Mary, And Jone furvived, and was in her Elder 
years marryed to S' Edward Dyer, and dyed in the fixth of Queen Elizabeth. 

I. Clje faid S' Nicholas Poynz fon of the faid Jone and Sf Nicholas, by Anne 
his firft wife, daughter of S' Raph Varney, had iffue Sf John Poynz knight yet liv- 
ing, and Mary, Anno, 1628, 

The faid S' John Poynz by Elizabeth his wife daughter of Alexander Sydnam 
Efq^, had iffue Robert Poynz a knight of the Bath, who by ffrances his wife, daughter 
and coheir of Jervais Gybbon, Efq', hath iffue Grefill and Margarett, that now are, 
1628 ; Enjoying the quiet contentment of a peacefull country life at Afton in the 
County of Glouc, the Auncient feat of his Anceftors fince S' Nicholas Poynz in the 
time of king Edward the firft marryed Mawd the daughter and heir of Sr John 
Action to his fecond wife, of whom the faid Sr Robert is lineally difcended. 

584 And the faid Mary, fifter of the faid Sf John Poynz, was firft married | to 

ffrancis Codrington of fframpton upon Seaverne, by whom (hee had iffue Margaret, 
firft maried to Edward Bramidge, by whom fhee had iffue Ifaack, Mary, and 
Rebecca ; And fecon[d]ly to John Sydnam, by whom fhee had iffue three daughters, 
viz! Anne maryed to John Poynz of Surrey Efq^ by whom is iffue ; And Urfula 
maryed to Richard Molinieux Efqr by whom alfo is iffue ; And Elizabeth marryed 
to Poynz Mill of Harfcombe, by whom alfo is iffue. 

3IlnD the faid Sf Nicholas Poynz by Margaret his fecond wife, daughter of 
Edward Stanley, Earle of Darby, had iffue Edward, Hugh, and Robert, yet living. 

1618. 

2. C^ 



1532 %iit of CljomaiBf tljc fiftl) 237 

2. Cf)C faid ffrancis fon of Jone Berkeley, by [Ann] the daughter and heire of 
[ . . . Stawker^] had iffue Jone, marryed to John Wykes of Doddington, by Wikes. 
whom is much iliue difperfed in feverall Counties. 



4. 5. 6. The faid Edmond John Anthony and WilHam fower fons of the 
faid Jone Berkeley are dead without iffue. 



J- 



Cf)0 faid Anne Poynz daughter of the faid Jone Berkeley was marryed to S' 
Thomas Heneage knight, of Cophall in the County of Effex, vicechamberlaine to 
Queen Elizabeth and of her privy counfell, who dyed, 1592 . leaving iffue Elizabeth -. 
only, maryed to S! Moyle ffinch kn!, and Baronet, by whom fhee hath iffue eight 
fons and four daughters, as followe ; 3(Lntl furviving her hufband, was in her widow- 
hood created by king James, Vicounteffe Maidftone ; And after by king Charles, 
Counteffe of Winchelfey, with qualification to all her children to precede as the 
children of Earles ; Of which eight fons four are dead without iffue, as alfo two of 
the faid fower daughters ; The reft have iffue, as followeth, viz', 

1. Thomas .the eldeft fon is Earle of Winchelfey, and hath iffue Heneage 
Finch vicount Maidftone, John ffinch, William ffinch, ffrances married to S^ William 
Strickland of Bointon in Yorkfhire, between whom is iffue Thomas Strickland : 
Other 4 daughters of the faid Earle, viz', Anne, Cecill, Diana, and Katharine, are 
yet unmarryed, Anno, 1635. 

2. John ffinch, fecond fon of the faid Counteffe Elizabeth, married Anne 
daughter of M' Walker, and left iffue now livinge, John, and William. 

3. Heneage ffinch, third fon to the faid Countefs Elizabeth, knight and 
Recorder of the city of London, firft married ffrances daughter of Sf Robert Bell 
of Norfolk knight, by whom hee had iffue, Heneage, ffrancis, John, and Elizabeth 
marryed to the fon and heire of Sir Raph Maddefon of Lincolnfhire kn^; And 2^1^ 
marryed the widow of Mf Bennet of Lond, by whom hee hath iffue left, ffrances 
and Anne. | 

4. ffrancis ffinch 4'!" fon to the faid Countefs maryed Anne daughter and heire to 685 
Mr Walter of Suffolk, by whom was iffue a fon and a daughter, who died younge. 

5. Anne, 

1 See Chancery Prpceedings Queen Elizabeth, i6 Nov., 1590, William Hobbes of London, Yeoman, 
ver/us Francis Poyntz, of Mowbray, Gent, and Ann his wife. [Ed.] 



< 



238 



Ci)c EitCjsr of tije 23crfidcp$r 



1523 



Twifden. 5. Anne, eldeft daughter to the faid Countes, is married to Sr William Twifden 

of Eaft Peckam in Kent, Baronett, who have iffue, Roger, Thomas, William, 
John, fifrancis, Elizabeth, and Anne ; Which Roger knight and Baronett, married 
Ifabella, daughter to S' Nicholas Sander of Ewell in the County of Surrey knight : 
Cholmeley. And the faid Elizabeth is married to Sf Hugh Cholmely of Whitbey in the county 
of Yorke, knight : And the faid Anne is married to Sr Chriftopher Yelverton in the 
County of Nortfeton knight, who have iffue. 

6. Katharine, fecond daughter to the faid Countes Elizabeth is married to 
Wentworth. S' John Wentworth of Gofefeild in the county of Effex, Baronett, who have iffue 
L? Gray. Cecill married to William lord Gray of Warke in the county of Northumberland ; 
And Lucy Wentworth yet unmarried . 1634. 

8. C!je faid Jane daughter of the faid Jone Berkeley was married to John 
Seimor Efqr bafe fon of Edward Seimor Duke of Somerfet, by whom fhee had iffue 
Sir Thomas Seimor of fframpton Cotterell knight, Jane and one other daughter ; 
Which Sf Thomas Seimor by Jane his firft wife daughter of Mr Webb, hath iffue 
John Seimor knight, Gabriell, Elizabeth, and Anne ; And by Anne his fecond wife, 
had iffue Edward, Elleanor dead without iffue, Jone married to John Afide, firances, 
Strickland. Anne, and Mary dead without iffue, and Elizabeth married to Sf Thomas Strickland 
of Yorkfhire knight, as followeth. 

The faid Sf John Seimor by Alice his firfl wife daughter of William Pawlet 

Efqf, hath iffue Katharine, Agnes, and one other daughter : And by 

his fecond wife daughter of M' Symes, hath iffue Thomas, and others. 

The faid Gabriel, brother of S' John Seimor, by Katharine his wife daughter 
of Richard Cave of BrifloU hath iffue, Thomas, John and Mary. 

The faid Elizabeth, fifler of the faid Sf John Seimor, was married to Edw"? 
Watkins. Watkins of Bridgewater, who have iffue, Thomas, Elizabeth, and Anne. 

And the faid Anne, fifter of the faid Sr John and Gabriell, is marry ed to 
Nuce. Thomas Nuce, who have iffue : Hee lately dead in Virginia ; fliee there yet living, 
Anno i6i8. 



The faid Jone, fifler of Sf John Seimor, was married to John Afide of Upton 
Cheyney his fecond wife, by whom fhee had iffue fower fons, and a daughter all 
dead without iffue. And 



1532 



Hife of Cljomajef tJje f iftl^ 



239 



And the faid Elizabeth, youngefl daughter of the faid Sr Thomas Seimor, was 
married to Sr Thomas Strickland of Yorkfhire, who had iffue 4 fons all dead Strickland. 
w'^out iffue, And Alice married to S' Jn° Webb of London, kn' who have iffue. | Webb. 



Berkeley of 
Beverilon. 



9. Cl^ faid Frances daughter of the faid Jone Berkeley, was maryed to S' John 686 
Berkeley of Beverfton caflle, knight, by whom fhee had iffue John Berkeley, Jone, 
Katharine and Margaret. Which John, by Mary his wife daughter of John Snell 
Efqr, had iffue, i Maurice, 2 John, 3 Henry, 4 William, 5 Edward, 6 Thomas, See fol : 375 
7 Mary, 8 ffrances, 9 Elizabeth, and 10 Anne. Whereof the faid Maurice, by 
Barbara his wife daughter of S!' Walter Longe, hath iffue Edw?; and others ; And 
the faid Mary his fifter is marryed to Edward Conway of Gloucefter fhire. The Conway, 
other eight are unmarryed . 1623. As alfo is Jone the eldeft fifler of the faid John 
Berkeley, leading a Nunnes life at Bruffells, beyond feas ; And now lady Abbeffe 
there . 1630. 

The faid Katharine, fecond fifter of the faid John Berkeley, by Thomas 
Symonds, a minifter, hath iffue Thomas, Anno. 1620. Simonds. 



And the faid Margaret the other fifter by Jefper Merricke of Berington, a Merricke. 
minifter, hath iffue, Sibill, Anno. 1620. 





m^ 



240 



€i)e Sibeiee of tffe ^ttMep0 



1523 



^ifi Jbea\c0 of %tmc0, 

i^'fyifi lord Thomas, a fewe years before his death, ufed (wherewith alfo hee 
fealed his laft will,) a great broad Scale fower inches diameter, with the Armes of 
Brotherton, Berkeley, Warren, Mowbray, Segrave, and Breoufe, quartered. The 
helmet for his creft with a lion paffant on the top thereof : And two lions for 
fupporters, circumfcribed, Sigillum Thome Dni de Berkeley, et Mowbray Segrawe 
militis. 



687 

Annis. 4. et 5. 

H. 8. et. 8. et 11. 

H. 8. 



Carta. 30. Nov. 18. 

H. 8. 

Carta. I. Julij. 19. 

H. 8. in caflro de 

Berkeley. 

Carta. 9. Julij : 

20. H. 8. et. 12. 

Nov : 20. H. 8. in 

caftro de Berkeley. 

Volunt : 28 Aprill 

24. H. 8. in caftro 

de Berkeley. 

Trifi. fin : in fc*cio 
23. H. 8. rot : 19. 



3lnb for his privy feale, A fmall lyon rampant. Behold the figures. ( 

^10 ticati) ant) place of bunall. 

(^TilC lord Maurice elder brother to this lord Thomas, did by feverall Deeds, 
fynes, recoveries and other affurances at feverall times, eflate Judge Brudnell and 
others in all his manors formerly mention'd, To fuch ufes as before in his life hath 
been declared. 

I^OtD Katharine the widow of the faid lord Maurice being dead, as alfo the 
lady Elleanor the firft wife of this lord Thomas, And hee remarryed to the lady 
Cicely, And his fonns and daughters maryed, and ready to bee marryed, Hee now 
procures his brothers feoffees and Recoverors to grant over the fame to Thomas 
Earle of Surrey and twenty others to divers ufes : whereof 

Clje manors of ffenyflanton, Hilton, Auconbury and Weflon in the county of 
Huntington : And Guyherne, Chatteryes, and Murrow in the county of Cam- 
bridge ; And Bitton and Upton S' Leonards, called Grove court, in the county of 
Glouc. ; To the ufe of the lady Cicely his wife for her life, in recompence of all 
dower and Joynture that fhee any ways might claime, And after her death, to his 
fon Thomas in taile, with many remainders over, to his other fon, daughters and 
neeces : 3llnll the manors of Dalby Chaucomb, and Mountforrell in the County of 
Leicefler, And the manor of Mangottsfeild in the County of Glouc, To the ufe of 
Maurice his fecond fon for the terme of his life, the remainder to Thomas his eldefl 
fon in taile with like remainders over. ^Cllb the manors of Melton Mowbray, 
Segrave, Sileby, and Coldoverton, and the hundred of Gofcote in the County of 
Leicefler ; and the manor of Sages in the County of Gloucefler, To the payment 
of his debts, and legacies, and performance of his will. And after to the ufe of 
Thomas his fon and heire in taile, with the like remainders over, and the manors 
of Tetbury and Daglingworth in the County of Gloucefter, To the ufe of Thomas 

his 



1532 



%ik of €f)omaiBf tfje f iftli 



241 



his fonne and heire in tayle with like remainders over. 3llnl) the Manors of Cotes, 

Thurneby, and Witherly, in the county of Leicefler ; The manors of Flekenhoe, 

Thurlafton, and Afpely, in the county of Warr, The manors of Bretby, Coton, 

Rofllafton, Repingdon, and Lynton, in the county of Derby, The manors of 

Bofham, ffuntington, and Thorney in the county of Suffex, and 14'!- rent going out 

of the man"? of Bromeley in Suffex, and Leigh in the county of Lincolne, Twenty Carta. 9. Julij. 20. 

two marks rent out of fframpton upon Seavern, and fower meffuages and 1 70 Acres ^' ^" '" ^^^^° ^^ 

of Land in Thornbury, And the fourth part of the manor of Brok-|enbury in the 688 

County of Glouc, To the ufe of himfelf and his heires, and to performe his will. 



25p this will and other his deeds, hee gives thefe penfions and Anuities for the ^^"f' ^" caftro 
lives of the parties, his kinfmen, allies, fervants, and well deferving freinds, viz' 



Co John Arnold Efq', his brother in lawe ; Ten pounds, whom hee made high 
Steward of all his Manors and lands in England. 



Vol : 24. H. 8. in 

p-'did. 

Carta. 4. Junij. 17. 
H. 8. in caflro de 
Berkeley. 



Co Thomas Lane, 5''- To David Broke. 3''. To Thomas Hennege Efq!; 4''.- Inq: 29. H. 8. 
To Henry Wefton . 4 marks. To Henry Wikes . 40! To Arthur Porter . 40? To dom : Berkeley 
Edward Chaple . 40? To Nicholas Arnold . 40? To Katharine Rowdon . 50':- 
To Richard Arnold . 5'!- To Richard Hawkins . 40? To Robert Cockes . 53L 4? 
To Maurice Denys, 40' To Margaret Denys, 40! To John Falkener.40? To 
Edith Martin, 66? 8? To Bridget Paris, 2o'!' To Thomas Simonds, 20? To 
Matthewe Bucke . 20? To John Berkeley his unkle Thomas fon . lo'i- w':^ (faith 
his will) hee is bound in confcience to fee him truly paid. 



3llnb by his faid will hee further gave. Ten pounds towards the amendment of 
the highwayes at Mangotesfeild, where hee then dwelt. And Twenty pounds 
towards the repaire of Keinfhams bridge fower miles off And 100 markes towards 
the building of the high Altar at S' Auguftines by Briftoll. And Ten pounds 
towards the repairing of the Cloifler of the black ffryars in Briftoll ; And divers 
other like legacies to his houfhold fervants, to the feverall orders of fryars, poore 
prifoners in Goales in divers places, &c. %V^ eight pound by the yeare for ten 
years to his godfon Thomas Harcourt preift, to finge and pray for his foule : And 
to buy veftments for Mangotesfeild church eight pounds. CljC laft remembred was 
his eldeft fon, to whom hee gave all his Armour and parliament robes ; SfinD of this 
Will hee made his three loving freinds, fit3 James and Inglefeild Judges, his fore- 
faid brother in law John Arnold, and Ciceley his wife, his Executors, to whom hee 

gave 

2 I VOL. II 



^ 



242 



€f|c XibfiBf of rtje •;25crhcfepifl( 



1523 



gave ten pound each ; which fitj James was alfo one of his elder brothers the lord 
Maurice his executors, as before hath been declared. 

2. Kings. 20. I. CljU^t did this good and prudent lord Thomas followe the prophets counfell 

given to Ezekias, that pattern of Princes and their peeres, by fetting his houfe in 

Vol : 28 Apr. 24. order, in Aprlll in the 24"' of king Henry the 8'!" knowing, not as Ezekias from the 

^ ^ B *^kf "^^ prophet Efay, That hee fhould then dye, and not live, but out of a wife and re- 

689 ligious meditation of mans | mortality, his own old age, and the decaying conftitution 

of his body. 

3fn January following hee takes his chamber in his houfe at Mangottesfeild, 

And the ii'J'of that month reviews his will and approves it, made in Aprill before, 

And Adds thereto a Codicell, wherein (amongft other things) hee takes order for 

Vol : 24 H. 8. p'd t his Tombe and funerall ; And then takes his bed and draws unto him company 

Comp : Senli fitted for the longe journey hee was to take, the Abbot of S! Auguftines by Brifloll, 

*'°*^'di Berkky° ^^^ ^^^°' ^^ Kingfwood, the Deane of Weftbury Colledge, the Doaor and pryor 

of the black ffryars in Brifloll, and fome other of the mofl devout and learned 

divines of thofe parts ; And on wednefday the 22'^ of that January, Anno. 1532 . 

in the faid 24'.'' year of king Henry the S'!* in the midft of their prayers and bleffings, 

doth (as it were) clofe up his own eyes from the further fight of the tranfitories of 

this life, hereafter to fee with them God his creator and redeemer, and fuch things 

in his celeftiall paradife and third heaven (as S? Paul fpeaketh) as are not poffible 

for man to utter, fuch as eye hath not feen nor eare heard neither have entred into 

the heart of man, even the things that God hath prepared for them that love him. 



Job. 19. 25. 27. 

2 Cor. 12. 4. 

I Cor. 2. 9. 



CljUlEf lived this lord, thus dyed hee ; dye ill hee could not, that lived foe well : 
well to God, well to the world, well to himfelf, well to his heire and poflerity, well 
to his friends, kindred and fervants ; ever within compas, never exceeding his 
circumference, or the fphear of his revenue : Happy will bee his now grandchilds 
George L<? Berkley grandchild, if hee apply to himfelf the adlions, life and death of this Anceflor for 
his example. 



%^ hee lived like a noble honeft lord, foe hee dyed like a Saint, yea hee did 
rather migrare quam mori ; abire, quam obire ; not dye, but fall afleep: Never hath 
my reading found any fo great a lord, that left this world more refolved, more pre- 
pared : As though hee had unbraced himfelf for his bed, rather than for his grave : 
5llnd thus paffed hee from a mortall day to an everlafling morrow. Summum homi- 

nis 



1532 



Eifc of €|)oitiajS tlje f iftlj 



243 



nis bonum, bonus ex hac vita exitus. 
this life. 



The felicity of man is his good leaving of 



Co the earthly happinefs of this lord, this may bee added, (greater then that 
of king Solomon,) That hee left behind him a wife fon to fucceede ; A bleffing 
that that king had not ; And honeft executors that performed his will. 

C|)0 manner of whofe funerall and devotions for him done after death by 
preifts and fryars, read out of the accompt of his funeralls, deli-|vered by his 
Steward of houfhold, to his faid Executors, as breifly as I could abflra6l the fame ; 
wherein note, that his body according to his will was firft buryed in the Church of 
Mangottesfeild where hee dyed, And after, as hee had appointed, it was removed 
to his owne tombe fet up in the church of the monaftery of S' Auguftines by 
Brifloll, and there buryed by the fide of Alienor his firft wife, as his Will dire6led. 

To fower preifts to fay maffes the 24'^ of January, the corps being then not 
buried — 16? 

To thirty preifts and two clerks fmging at the buriall — 15^ 4? 

To eight men ringing two dayes and a halfe — 6^ 8? 

To eighteen preifts for maffes — 9? 

To 24 preifts — 12? 

To poor people the day that the corps was brought to the church — 38? 8? 

The fame day to forty preifts and twenty clerks — 30. 

To poore people in money doaled and given in Almes the day of the 
buriall of the Corps — 6''.- 13' 4? 

To Si; John Nelme preift for a derige and maffe at Slimbridge — 2? i? 

To men for ringing there — 4? 

To 8 preifts for each a maffe the wednefday the ag'!" of January after the 
corps was buryed — 2' 8? 

To 6 preifts the 3o'^ of January for 6 maffes — 2? 

To fower preifts the laft of January for 4 maffes — 16^ 

To two preifts the fecond of ffebruary for 2 maffes — 10? this was candle- 
mas day and thefe extraordinary maffes. 

The third of ffebruary to 4 fryars for 4 maffes — 16? 

The 4'^ of ffebruary to two preifts for two maffes — 8? 

The 5* of ffebruary to 4 preifts for 4 maffes — 16? 

The 6* of ffebruary to 4 preifts for 4 maffes — 16? 

The 7* of ffebruary to 6 preifts for 6 maffes — 2? 



Comp : Senli : 

hofpicij 24. H. 8. 

690 

in callro de 

Berkeley. 



Vol. 24. H. 8. in 
caflrode Berkeley. 



4"* was y? ordinary 
price of a maffe, 
as certaine as S'^ 
is to a day laborer: 
or 20 eggs were 
for i<! 



The 



2 I 2 



244 Clje %iMe0 of rtje 25erhclcpief 1523 

The 8* of ffebruary to 6 preifts for 6 maffes — 2' 
The g'."" of ffebruary to 5 preifts for 5 maffes — 20? 
The Io'^ of ffebruary to 6 preifts for 6 maffes — 2* 
The II* of ffebruary to 4 preifts for 4 maffes — 16? 
The 1 2'h of ffebruary to 6 preifts for 6 maffes — 2' 
The 13* of ffebruary to 10 preifts for 10 maffes — 3? 4? 
The I4'^ of ffebruary to 5 preifts for 5 maffes — 20? 
The 15* of ffebruary to 7 preifts for 7 maffes — 2? 4? 
The 1 6* of ffebruary to 2 preifts for 2 maffes — &* 
The l7'^ of ffebruary to 4 preifts — 16? | 
6gi The I8'^ to 4 preifts— 16? 

The I9'^ to 6 preifts — 2? 
The 20* to 9 preifts — 3? 

The fame day being S? Mildreds day to poore people in Almes, 4? 8? 
The 21* to 4 preifts — 16? 

The 2 2'^ to 4 preifts — 16? his monthes mind day. 
To poore people in Almes the fame day, the day of the months mind — 

10? lo"! Soe all maffes ceafed at Mangottesfeild. 
To the Pryor of the black ffryars in Briftoll and his brethren for faying 

of maffes — 5? 
ffor derige, maffes and fervices in the church of Berkeley, 1 3? 4? 
And foe in other places ; And for tapers — wax, &c, — 53? 4? Thus the 

accompt of the Steward of houfhold delivered to the Executors. 

l^ee dyed as hath been faid the 22'.'' of January, Anno, 1532 . in the 24* of 
Henry the S'.*" then of the age of 60 years and upwards, whereof hee had fit lord 
nine years fower months and ten dayes ; And lyeth buried under a fair tombe 
with his firft wife Alienor, upon which hee appointed by his will forty pounds to 
bee beftowed : which was done. Where in the Sepulchre of his anceftors, (Gods 
fervants,) waiting for the hope of Ifraell, the raifing of their bodies in the refur- 
re6lion of the juft, hee fleepeth in peace. "3lnli pofterity may not, without a fpice of 
flattery call thofe that fucceed after true and naturall branches of this excellent tree, 
that ftiall not in their times beare fruite fomewhat reliftiing this roote, that gave 
fuch fap as his life and death hath done, for the imitation of his Pofterity. 

Happy is hee whofe Anceftors 

of vertue made profeffion, 
And from himfelf example leaves 

of vertue to fucceffion. i^up 



1532 3life of Ctjottia^ tfje f ift!) 245 

Clje lands whereof this lord dyed feized are under the laft title before particu- 
larly mentioned, And were all the fame in effe6l which | his elder brother left unto 692 
him, and hee to his fon ; ffor this family in this lord may bee faid neither to have 
fuffered any remarkable eclipfe, or increafe, but the moon in this lords hemifpheare 
to have continued in the fame afpe6l as fhee flood when hee firfl beheld her rifmg 
upon the death of his elder brother. 

SEntJ after this lords death, his eldeft fon found the favor to avoid the charge of 

finding of Inquifitions; But the I2'^ of ffebruary following tendereth a fchedule Sched : indent 

of the manors and lands with their yearly values, whereof hee defired to take ^'o '^' ^^^n' *!' 

' ^. . . . H. 8. in caflro de 

benefit by his fpeciall livery and oufter le maine, in the Counties of Leicefter, Glou- Berkeley. 

cefler, Huntington, Cambridge, Suffex, Darby, Yorke, Warwick, Wilts, Lincolne, Trifi. rec : in fc»cio 

and Calais, all of the yearly value of— 92o'!- in rents of affife, (befides the demefnes *^" ^°^ ^'' 

in hand,) or near thereabouts, And fuch as were in ffeoffment to ufes ; And the 24'^ 

of November in the 25* of the faid king procured the fame under the great feale, Pat:2 ps.2S.H. 8. 

, . , ^ . -nil r- /ii carta in caflro 

which yet remames m Berkeley Laltle. ^jg Berkeley. 

1^ ^ppticatton anD u0e of f^i^ life. 

1. CI^C courfe of this lords life verifies what is faid of learned men, That none 
ever faw a great fcholler arrogant, for the more hee knows the more of his weak- 
nes hee underftands ; And that the leafl knowledge is ever mofl proud : ffctoc or 
none of this lords time in the county where hee lived milder or more provident, 
ever feeming rather defirous to learne then to teach others : ^Kt was alfo in requefl 
with this lord to fay, Malo me divitem effe quam haberi, better to bee rich then fo 
accounted ; Hee rightly underflood the text of, vive tibi : Hee was foe lowly and 
moderate in his whole life That to the mean hee was freely affable, And to the 
gentry noe taller then a companion ; whereby through humility and moderation of 
life, hee was honored of all : 3IInll (to tell truth to his pofterity) commanded without 
contradidlion throughout the whole County of Gloucf wherein for the lafl nine 
years of his life hee lived a Baron after his brothers death. | 

2. ^gaine, having lived in the condition of a younger brother till y* 52* yeare 693 
of his age, And fparingly bred in youth under his fathers and elder brothers 
huflaandly examples, hee little changed that frugality of condition whilfl hee lived 

a Baron and Peere of the Realme ; 3llllb knewe, that for the regulating of an 
houfliold where the ruler himfelf runs at randome the fervants will beare noe byas : 

And 



*^ 



246 



€lje fii\ie0 of rtje V5ttMtp0 



1523 



1. Kings, cap. 12. 

2. Chron : ea : lo. 



694 



gl}"'-" 



And that for order & thriving it was better to have in houfhold two too few then 
one too many : And having foe lived, his death could not bee but bleffed, as you 
have read. 

3. 3il0ainc by the example of this lords life/ the words of his pofterity fhould 
bee fewe but advifed, forethinking whether that which they are to fpeake bee fit to 
bee fpoken ; And rather to bee filent then fpeake to an ill or noe purpofe ; And 
to let heart and tongue goe togeather in honefty and truth ; hating diffembling in 
others and detefting it in themfelves ; the known vertues of this noble lord by the 
witnes of many that converfed with him living fmce the midft of my daies : whofe 
diredlions alfo to his fteward of houfhold, (being lord,) were, That nothing (hould 
bee fpent which might honellly bee fpared, nor any thing fpared which might 
honeftly bee fpent. 

4 3ll0tUnc, this family may learn from the wifdom and example of this their 
Anceftor, how by following the counfell of his old and prudent fervant Thomas 
Try hee avoided the baites and craft of Sacheverell, to his comfort and benefit of 
his pofterity : And not to fcorne the advice of the aged and experienced, though 
fervants of their own family : Or to thinke foe highly of their own abilities, as if 
they had a prerogative to bee free from error or overfight : What Rehoboam loft 
by young counfell & flatterers, What hee had gained if hee had gone along with 
the advice of his fathers old fervants let the fpirit of God in the text tell for both, 
And let their pradlice bee thereafter. 

5. 3Il0ainc> This lords charadler I thus conceive; hee equalled not his father or 
elder brother nor many other of his ranke and time in proweffe or in the depth of 
Worldly wifdomes, neither did his education bowe him that way : But was not 
inferior to the beft of them in an honeft and religious life : Apt to beleeve well, 
loath to heare ill, farre from credulous affenting to a firft tale never condemning 
any man unheard, and his accufer face to face : many Lres, and copies of his Lres 
and refcripts of others to him intimate his great diflike of fecret traducers, efpecially 
when thofe calumnyes or afpertions 1 were in the generall : One of his Li'es hath 
thus, A falfe accufer hides his mallice under generall words, as I have found this 
man did of thee. His difpofition ran neareft parallell with his two Anceftors, 
Thomas the firft, and James the firft, of any I have obferved. 

God grant his heires may runne 

The race that hee hath done. 

fim0 €^mnt ejUjE^em nomini^ qiutiti 



®[)t Cift of ®l)0ma0 tl)c Sixtl) 697 

€||e life of Thomas lord Berkeley the fixth of that 
name ; fliled in Writings, Thomas Berkeley kn'. lord 
Berkeley Mowbray and Segrave : %nb was abavus, or as 
our Anceflors the Saxons called thirda fader, And wee at 
this day great grandfather, to George nowe lord Berkeley. 
%vii may bee called, Thomas the hopefull. 
Contcmpotarp with Henry the 8*, from 1532. till 1534. 
W^o?t ftiort life I deliver under thefe nine titles vizf. 



— Jpi^ birth and education, fol : 697. 

— j^i^ Mifcellaniae or various affaires . fol : 698. 

— J^i^ lawe fuites, fol : 701. 

— j^i^ wives, fol : 702. 

—^10 Iffue, fol : 705. 

— J^ijBf feales of Armes, fol : 706. 

— J^ijef death and place of buriall, fol : 707, 

— C|)C lands whereof hee dyed feized, fol : ^10. 

— Cfje application and ufe of his life, fol : 713. 



l^isi 25Jrrt) anb education. 

Cl^tS lord Thomas was born at Hovingham in Yorkfhire in the 21* yeare of 
king Henry the 7'^, about one yeare before his grandfather the lord Maurice 
the fifth dyed, And within one year after his fathers marriage with M? 
Ingleby ; where hee continued till his parents returned into Glouceflerfhire about 
the 7'!" of king Henry the 8'^ as hath been faid : At what time his unkle the lord Exrelacone 
Maurice the fixt, then newly made Leivtenant of the caftle of Calais, carried him 
beyond feas, where by his means, (accompting him as the heire apparent of his 698 
family,) hee was carefully bred up at S! Omers in Artois, about 25 miles from 

Calais, 



Henrici filii fui. 



248 



€^t %i)at0 of tlje ^etMep0 



1532 



Diu'fi compi et 

muniment in 

caftrode Berkeley. 



Calais, till himfelf dyed in the I5'^ of that king : And then returning, was till his 
marriage Termly imployed as his fathers Agent and Solliciter in his Lawe fuites ; 
And efpetially about the reflitution of Berkeley from the crowne, which his unkle 
the lord Maurice at his death left in fuch forwardnes, that his petition of right was 
figned by the king, as hath been noted in his life ; And as teftimonies of this lords 
V towardlines and fufficiency in thofe unripe years, there yet remaine in Berkeley 
Caftle divers of his Termes remembrances of his own hand writing ; As, what 
fuites were depending, how left at the former termes end, and in what fort 'to bee 
further profecuted, And what of new was to bee begun, and the like : And of all 
his Anceftors wrote the beft hand, and beft underftood the latin tongue, whereby 
it feemes hee made good ufe of the time hee fpent at S? Omers. 



Carta in cafl.ro de 

Berkeley. 

dat. 13 Maii, 25 

H. 8. 



I^t^ mMcdlmufc or toactousf pa00aQt0. 

Wfyi0 lords father having left the manor of fifenyftanton and others to the lady 
Cicely his fecond wife, for her life, as before appears ; Hee within two months after 
gaines from her a grant of all the lands fliee held of his inheritance, for threefcore 
years if fhee lived foe longe, at the yearly rent of — 142^.- 6'. 81; whereby hee wifely 
wound in himfelf to have the manageing of his own lands in poffeffion. And this 
hee wrought under the advantage of his fecond marriage with Anne Savage, as 
after will appeare. 



pat : 8 marcij ^n March, fix weeks after the death of his father, hee obtained of king Henry 

*^ ■ ■ the 8'!" a grant to bee Conftable and Porter of the Caflle of Berkeley, and keeper 

of the caftle parke with the worthy enclofed in it, and to bee paler of the fame ; And 

to bee keeper of Hinton woods called Cheflanger and Redwood, and of the red 

Smeth is in the deere there; And to have the fifhing of Smethmore, (now excellent paflure ground,) 

Saxon tongue ^^^ ^^^ fifhine of the gale in Seaverne without rent, Taking the fees accuftomed, 
plame or imootn. 00 ' o 

699 which his father held for his life, as afore is written. %t w''.''|time, fith king Henry 
the 8* had been 24 years marryed to feverall wives and had noe iffue male, hee 
could not but cherifh an inward expedlation of a Reverter in fee of the wholl Barony 
of Berkeley, whereof hee now was glad to take a fmall morfell, at will. 



Comp. ag. H. 8. ^Jjp 20''' of May in the 25* of king Henry the 8* hee gave Thomas Cromwell 

"^Befkele^ E^q'- then Secretary to king Henry the 8'." (after Earle of Effex) 13I 6^ 81 Anuity 

carta : dat : 20 for his life, and then made him his high fteward of Sileby, Thornby, Mountforrell, 
Maij 25. H. 8. in , c t^ r 1 j j 

cafl^rode Berkeley, and of Golcote hundred. 

%v3i 



1534 



%ik of €f)oma^ rtje ^ixt^ 



149 



3llttil 4" 13*4'? yearly to the Earle of Huntington and to ffrancis Haftings his 
fon and heire, for exercifing under him the ofifice of high fteward of his manor of 
Melton Mowbray, Segrave, Coldov'ton, Dalby, Thorpfachvill and Witherly. 5IIntl 
on May day the fame 25'.'' of king Henry the S'.*" hee gave to David Broke of 
BriftoU gent, for his good fervice done to him, the fourth part of his manor of 
Brokenburrow in the parifh of Almondfbury for his life at 4? rent. 

5fn Aprill before his death hee prefented Robert Derby for Abbot of Croxton, 
of the order of premonftratenfes, which (as the Deed fpeaketh) to his prefentation 
by Inheritance belonged, then void by the death of Attercliffe late Abbot there, 
commanding the pryor and covent of the faid monaftery to receive and obey him 
as Abbot. 



Comp : 29. H. 8. 

il5in 

carta: 25. H. 8. il5m 

Inq: 28. H. 8. in 

cane. 

carta dat. i. Maij 

25. H. 8. in 
caflro de Berkeley 

Inq: 29. H. 8. poft 
mortem Thorn 
Dni Berkeley in 
Cane. 

Carta: 27. Aprill 

26. H. 8. in caftro 
de Berkeley. 



3IInb, this fhall bee the place, whither I have often referred this antient and pyous 
family to viewe at once, the damage it fufifered both in honor and profit by thofe 
devouring Adls of the diffolution of Monafteries in the 27* and 3I'^ yeares of king 
Henry the 8'^ whereby and by the flatute of Chantries (amongft other things) this 
family loll the Advowfons and prefentations to divers Abbyes, Nunryes, and Pryories, 
As this of Croxton, and of Kirkeby, and of Chawcomb, and of Burton lazers, and 
of S' John Baptift in Melton Mowbray in Leicefterfhire ; Of Combe in Warrwick- 
fliire. Of S' Auguftines, and of S.' Katharines, and of Mary Magdalens by Brifloll, 
and Of Longbridge by Berkeley, and of Tinterne in Glouceflerfhire, Of the Pryories 
of Newenham and of Eppeworth in the Ifle of Axholme ; Of ffountaines, Of the 
Abbey of Byland, and of the Pryory of Newburgh in the county of Yorke, and of 
divers others, as fcatteringly appeares in thefe relations, where alwayes with folemn 
proceffions and other honorable rights and ceremonies (I might fay with incenfe and 
perfumes) they were received as founders. And where the memoriall of their honor- 
able atcheivements were recorded ; And of 80. knights fees at leaft, which thofe and 
other Ab-|byes and houfes of religion held of them, as S' Peters of Glouc, the 
Abbot of Kingfwood, the Pryor of Sempringham, the Abbot of Leicefler, the Pryor 
of Lewes, The Pryor of Axholme, the Abbot de valle dei, the Pryor of Haver- 
holme, the Abbot of Geroduu, [fie] the Pryor of the hofpitall of S' Johns Jerufalem 
in England, the Pryor of Lawnd, the Pryor of Grace dieu, the Pryor of Nuneaton, 
the Pryor of Kirkeby, the Abbot of Sileby, the Abbot of Stonly, the Abbot of 
Myrivale, and of more then forty Chantries mentioned in thefe relations ; for which, 
befides their daily prayers for the happinefs and welfare of the livinge, (wherein was 
noe fuperllition,) they paid to this family many anuall rents and fervices, and alfo 

paid 

2 K VOL. II 



See before fol : 
[537] 

Annis. 27* et. 31. 

H. 8. 

Anno. 1. E. 6. 

Claus: 52. E. 3. 

m. 28. 

Pat: 7. E. 3. ps. 

1. m: 15. 
claus: 45. E. 3. 
m. 36. 

Pat. 48. E. 3. m. 

23- 

Pat. 14. E. 4. ps. 

2. m. II. 

Pat. 9. R. 2. ps. 
2. m. 25. 26. 
Efch; II. H. 6. 
pofl mortem 
Thoiii. ducis 
Norfolk. 

pat: 14. H. 6. ps. 
700 
I. m: 6. 
pat. I. E. 4. ps. 
6. m. ult. 
Ptita in fc»cio. 13. 
H. 6. 
pat. 19. R. 2. ps. 

1. m: 26. 

pat. 20. R. 2. ps. 

2. m. 14. 

pat. 20. R. 2. ps. 
2. m. ult. 

Efch: I. H. 4. pofl 
mort Ducis Norft^ 



250 



Crjc Uitjcjef of ttit 25erftdepie{ 



1532 



Efch: 27. E. I. 

et. 35. E. 3. 

et. I. H. 4. 

et I. E. 4. 

poft mort de 

mowbraies 

claus: II. H. 6. 

m. 8. 

fee before in y« 

life of Maurice y« 

S^ [615] 

And of James the 

firft. fol: [537] 

Stat: 27. 31. et 38. 
H. 8. et I. E. 6. 



701 



paid them releifes and efcuage, did them fealty and homage, fent their men to ayd 
and attend them in their voyages in the warrs, yeilded them aid and contribution for 
the marriage of their eldeft daughters, and for making their eldeft fons knights ; 
brought up, and inftru6led divers of their children, received and kept as Corrodies, 
many of their old unferviceable fervants ; fuch as old ffran Inchmore and Richard 
Cooke ats Miller now are in the family of the lady Elizabeth Berkeley at Cranford ; 
with other like duties incident to founders right, and to the tenures of the manors 
and lands and quantities of the knights fees which they held of them by knights 
fervice, and in focage, now extindl and devoured by thofe mercileffe A6ls. ||Jcirt)Ct 
therein hath ended the damage which this noble family fuffered by thofe a<?ls of 
diffolution ; for the Crown having fmce given and fold away not only thofe manors 
and lands holden of this family as aforefaid, but almofl all the reft of thofe monafti- 
call poffeffions, and therein referved tenures of themfelves by knights fervice in 
capite ; now at this day each manor and almoft each freeholder in each Village hath 
fome fmall pcell or other of that Capite land intermixt or inclofed with their elder 
poffeffions, formerly held of this family by knights fervice : whereby I have known 
this family within my memory to have loft more then ten thoufand pounds, w"^!' 
otherwife, but for thofe lands in cheife, had juftly and legally accrued to it ; A 
mifcheife alfo daily increafmg to this and other great lords of Seigniories, through 
the frequent exchanges and inclofures, {the effe6ls of peace,) And by yf parcelling 
out of Manors made by great lords upon fales to their feverall ten'?, for y' better 
advancement of their prifes : whereby as not one wardftiip amongft twenty now 
accrueth to this family w"'^ otherwife had happened : foe, the Court of Wards and 
liveryes bringeth | an hundred fold more profit to the Crown then formerly before 
thofe Statutes it did, A growing perticular mifcheife likely to proceede to a generall 
inconvenience. 

^i0 \a\Dt 0uitt0. 

^CUtCC was the laft lord cold under the Tombe, before an unkind controverfy 
broke out between this lord and his only brother Maurice, about the poffeffion of 
the manor of Mangottesfeild, the place where their father gave up his foule to God, 
and that manor to them that now contended about it. 



XBit^ Maurice, his brother in lawe S! Nicholas Poynz and his mother in law 
the lady Cicely tooke part. And to the uttermoft of their powers abetted his caufe, 
who made title by the expreffe words of his fathers will, proved by the Judges and 
others his fathers executors, and approved of by the lord Thomas himfelf, who alfo 
was a witnes thereto, and prefent at his fathers death and laft confirmation thereof. 

25ut 



1534 



Eife of €l)oiiia^ tlje ^iittj 



251 



55ut this guift by will this lord Thomas would not admit, for that (faith hee) the 
feoffment of that manor made by the lord his father to the Duke of Norfolk and 
others, to the ufc of his laft will and for performance thereof, was never executed in 
this manor of Mangottesfeild by the exprefs inhibition of his faid father ; And on 
purpofe foe to declare it hee kept Courts there in his own perfon and in his own 
name, and not in the name of the faid Duke and his Co-feofifees, which was other- 
wife in all the reft of the manors comprized in the faid feoffment ; Alledging further, 
That his father builded upon Mangottesfeild houfe with the goods, knotts, trayles, 
carved works, and other ornaments of his, fetched from his houfe at Yate, which 
his unkle the lord Maurice gave him, to the value of two hundred marks, another 
manifeft figne (faith this lord) that the lord his father never meant That his brother 
Maurice fhould have it, but hee whofe goods had built and adorned it. 5llntl further 
alleadged. That whereas his father had allotted unto him in marriage with the lady 
Mary his wife, divers lands to the value of 100'.' p ann : for their maintenance, his 
father retained fifty marks yearly of that hundred pound by the fpace of three years 
towards the building of Mangottesfeild houfe, which amounteth to one hundred 
pounds, Another declaration of his fathers mind (faith hee) That | hee meant not 702 
that his fon Maurice ftiould have it ; Alfo this lord Thomas alleadged further, that 
the manor of Mangottesfeild and the manor of Bitton doe adjoyne togeather, and 
have continued togeather in one mans poffeffion many hundreds of yeares, And that 
there is an hill called charnells hill parcell of the manor of Bitton, and in the bottom 
of the faid Hill is a great fquare poole called charnells poole adjoyning to Man- 
gottesfeild hill, and in the end of the middle of the faid poole his faid father builded ; 
a newe mill from the ground, which is parcell of .the manor of Bitton, which his V"; 
brother fince the death of his father hath entred into, and fifhed and deftroyed the 
fifh to the value of forty pound. %ni) laftly (fo farre prevailed hee) that hee caufed 
the lady Ciceley, mother in lawe to them both, (yet fhee tooke part with Maurice,) 
to avow That fhee kept as well the Scale of Armes as the Signet of her hufb^d by 
the fpace of five daies after his death, And in that time fealed two parts of the faid 
will, being tripartite, (called Counterpanes,) with the faid Seal of Armes. C||Uje(, 
with much unbrotherly agitacon was toft that controverfy till the' death of this lord, 
what time Maurice had the poffeffion of the houfe and conigre,^and this lord of the 
reft of the manor ; After whofe death his widowe the lady Anne in behalf of her 
young fon the lord Henry, banded this ball of difcord anewe and with more bitternes, 
as after followeth ; Declaring thereby, that her incantations had more powerfully 

prevailed 



chartulae in 
Cailrode Berkeley 



1 Rabbit Wanen. [Ed.] 



2 K 2 



< 



252 



Cfje %\\ie0 of tljc 25crhrifpjflf 



1532 



carta in caftro 
de Berkeley. 

fol: 673. 



703 

His firft wife. 



divTa munimenta 

in caftro de 

Berkeley. 

div'fi compi in 
■caftro de Berkeley; 

Inqu: in com. 

Glouc. 2^. H. 8. 

p'. mort Thorn 

Volunt : Thome 

de Berkeley: 24. 

H. 8. 

originall: 25. H. 

8. rot : 34. in 

fc»cio. 



prevailed with her hufband then flood with the affedlion of a brother, or the honor 
of their fathers memory. <©f which lady it now follows that I write, as the fecond 
of this lords wives. 

J^i0 f irieit i©ifc. 

Cliat it was intended and accordingly articled under feale That this lord fliould 
have marryed Katharine daughter of Thomas Howard Duke of Norfolk, and that 
part of the marriage portion was accordingly paid, hath been already written in the 
life of this lords father ; But whether nearnes of bloud, they being cozens in the 
fourth degree, or the death of Katharine, or diflike either of | the parties to the 
other, or what elfe hindered the confummation of that marriage, I find not : 55ut 
the fame 17'? yeare of king Henry the 8* hee tooke to wife Mary the daughter 
of George lord Haflings ; the greatefl; part of whofe marriage portion the lord 
Thomas his father in the fecond yeare after affigned over to S' George Throgmerton, 
for payment of part of the Dowry hee gave with his daughter Mirriell Berkeley, 
marryed to his eldefl fon Robert, as hath been faid : 3Ciili for maintenance, this lord 
and his wife had one hundred pounds a yeare from his- father ; 25p her this lord had 
noe iffue, though they lived lovingly togeather neare eight yeares ; And dyed in 
the fame 24'^ yeare of Henry the 8*^ about fix weekes after this lords father ; ffor 
whofe Joynture and dower the faid lord her father in lawe tooke fpetiall care that it 
might bee quietly enjoyed by her, if fhee furvived her hufband, without the impeach- 
ment of his own wife. As by his will made but a few dayes before his death appeares. 

i^OtDBcit, this lords forrow for her death was not foe flronge or prevalent to 
hinder him many monthes from flying to the marriage bed of another as followes. 



C()C fecond wife of this lord Thomas, was Anne , the daughter of S^ John 
Stow et at. Savage of ffrodfham in Chefhire knight, of whom Stowe, & others thus write ; That 
on the 25'^ day of January in the 24* yeare of his raigne, king Henry the 8* 
privily married the lady Anne Boleine, what time M? Anne Savage bare up her 
traine, and was her felf fhortly after marryed to the lord Berkeley ; which marriage 
feemes to have been contrived by the faid King and Queen, or one of them. 

i^fjC father of this lord dyed on the 22* of January as hath been faid; The 
lady Mary this lords firfl wife dyed within lefs then two months after, And in Aprill 
following was this lords marriage with the faid Anne Savage.. 



1534 



%ik of Cfjomajgf tlje ^isrtj 



453 



'CfjC portion which fhee brought in marriage was five hundred marks in money, Carta. 31. Maij 
paiable at certaine days after, fome whereof incurred not in her hufbands life time, de Berkeley. 



(Cfie Joynture affured by her hufband in May next after mariage | were the 
manors of Melton Mowbray, Segrave, and Sileby in the county of Leicefler ; 
Bretby, Rofllafton and Coton in the County of Derby ; and Callowdon in the 
county of the City of Coventry ; which was after increafed with the manors of 
Mountforrell, Gofcote hundred, and Coldoverton, And w'.'' the thirds of the manors 
of Sages, Tetbury, Daglingworth, fframpton, Manygford, Afpele, Hovingham, and 
of the lands in Calais, affigned to her in lieu of Dower. 



704 

Carta p'didla. 

Efcti : 2. 3. Ph : 
et. M. in Cane 
Carta. 3. 4. Ph : 
Mar in Caftro de 
Berkel : 

Comp; ao. H. 8. in 
caflro de Berkeley. 



Countes of 
Ormond : 



^fjCC was a lady of a mafculine fpirit, over-powerfull with her hufband, feldom 
at reft with her felf, never wanting matter of fuite or difcontent to work upon, till 
the full age of that fon which fhee carryed in her womb nine weeks and fower days 
after the death of her hufband : ^feljcc was in the way to have proved a fruitfull lady, 
and to have replenifhed this family with males and females, whereof much fcarcity 
hath in late difcents been in the eldeft line ; for in the tenth month after marriage 
fhee brought her hufband as faire a daughter as lived in her time ; And conceived 
againe the next night after her churching day, and brought a fon, (of whom I am 
next to write,) as fhee declared the time of her conception to him, and hee to mee, L"? Henry, 
and as the fequell manifefted to bee true, the birth being juft forty weeks after, " 

though the father lived not to fee the day ; <Df completion fhee was of a comely 
brown, of a middle ftature, And, above all the ladies of her days, noted to bee mofl 
tender hearted to her children ; And to them foe over and above reafon indulgent, 
as not contentedly fhee admitted them out of her fight, whereby they after com- 
playned of that want of Learning which a jufter education fhould have afforded 
their eftates and parentage ; ffor whofe fakes and the memoriall of her hufbands 
love fhee continued a widowe all her life : noe lady more conftant to her religion, 
for from the inftru6lion of her youth wherewith in the ten firft years of king Henry 
the 8'^ fhee was feafoned, fhee never would depart ; which was the caufe why 
Queene Mary and the Clergy of her time exceedingly favoured her. 



Z^e places where moft fhee lived after her hufbands death were firft at S' 
Auguftines green by Briftoll, then at Yate, then at Kentifh Towne by London, 
then at the Bifhop of Bangors great houfe in Shewelane by S' Andrews Church in 
Holborne, which fhee held by leafe. Then againe at Yate in Gloucefterfhire, And 
laftly at Callowdon by Coventry, where fhee dyed inteftate in Odlober in the fixth 
yeare of Queen Elizabeth, A° 1 564 . then of the age of 58 . yeares or neare there- 
abouts ; 



Div'fi com pi 
hofpic in caftro 
de Berkeley. 

Ex relacone Hen: 
Dni Berkeley. 

Depos : in Cane : 
Sub mag: Sigillo 
in ca: de Berkeley. 



254 



€t)e %t\ie0 of tt)e ^etktkp0 



1532 



705 



Adminiftr : dat : 

31 Jan: 7 : Eliz: 

1564. fub figillo 

in cailf de 

Berkeley. 



Ex relacone ipius 
Henrici : et Han- 
come et Burbage 
tunc attenden. 

Anne Gaflrell her 
' waiting gentle- 
woman. 



Inqu : 29. H. 8. 

in fc*cio : I year 

old pod mort 

Thome 

Comp : Franfli 

recept i. et 2. 

Eliz. in cad? de 

Berkeley. 

706 



abouts ; And lyeth buried in the Church of S' Michall in Coventry ; who may not 
foe fleep in peace, but that I mufl; after and often call her fuites and adlions into 
queftion, in | the Hfe of the lord Henry her fon, to whofe time I doe tranfmit many 
of them, as being profecuted in his name, and concerned his inheritance. 

Cftf adminiflration of the goods and chatties of this lady was the 31'!" of 
January following committed to the lord Henry her fon, who for the honor of her 
memory, paid more then her goods which came to his hands amounted unto, which 
fometimes after, for his difcharge, hee pleaded. 

Counttp hufwifery feemed to bee an effentiall part of this ladies conftitution ; 
A lady, that living at Yate, Callowdon, and other her Country houfes, would be- 
times in Winter and Somer mornings make her walkes to vifit her ftable, barnes, 
day houfe, pultry, fwinetroughs, and the like ; Which hufwifery her daughter in lawe 
the lady Katharine Howard, wife to the lord Henry her fon, feeming to decline, 
and to betake her felf to the delights of youth and greatnes, fhee would fometimes 
to thofe about her, fweare, by Gods bleffed facrament, this gay girle will begger my 
fon Henry : As the lord her fon, and other of her fervants have told mee : 3Ilnt> if 
fhee were to bee judged as Phillip de Comines doth King Lewis the 1 1'^ his mafler, 
That hee was a good King becaufe hee had more vertues than vices, I would foe 
conclude of this lady : But foe much remaines to bee faid of her in the life of the 
lord Henry her fon as I will leave my Judgment in Sufpence. 

5llnb it might feem tedious to this family for mee to write foe largely of this 
lady as I have received from Anne Gaflrell the widow of Thomas Harsfeild of 
Nibley, there living for ten years after I maryed into that towne, the nearefl and 
eldefl attendant about her of all this ladies gentlewomen untill her death. 

CljC children which this lord Thomas had by his laft wife were only two ; 
Henry born nine weeks and fower dayes after his fathers death, whofe life is half 
a Volume of it felf; And Elizabeth then fcarce three quarters old, who was in the 
firft of Queen Elizabeth marryed to Thomas Butler Earle of Ormond, whom in y. 
2* of Eliz: fhee followed into Ireland accompanied with her mother and brother 
from London to | Yate, thence to Brifloll, where Ihee tooke fhipping for Ireland. 

})^t)at portion the Earle had with her in marriage, I have not found ; Howbeit 
having noe certainty left by her father, her brother gave her one hundred pounds 
by the yeare for many years togeather, both before and after her marriage. 



1534 



Hife of €I)oitifl3ef tlje Jbixt^ 



255 



©ec Joynture was altogeather of lands in Ireland, made in the 4* yeare of Carta in caftro de 

ScrlcclcVt 
Queen Elizabeth : But afterwards fhee and her hufband not agreeing, An award 

was upon the labor of the lord Henry her brother made in the II'^ of Queen Carta in caftro de 

Elizabeth between them, by the mediation of Thomas Howard Duke of Norfolk ^^ ^ ^^' 

and of Thomas Ratcliffe Earle of Suffex, to whom their differences were referred ; 

That fhee for her prefent alimony and maintenance, (then being feperate from her 

hufband meerely arifmg from the antipathy of their natures,) fhould have 90I p Ann 

out of her hufbands lands, which was duly paid by his Receivor during her life, 

which ended at Briftoll in the 24* yeare of Queen Elizabeth, Anno, 1582. leaving 

noe iffue behind her, nor for ought I could learne ever conceived by him : A lady 

whom the lord Henry her brother, and others of his old fervants, would report to 

have been the faireft that lived in the Courts of Edward the fixth and of Queen 

Mary, and foe noted in thofe dayes. 

f^t^i^ lords time was fo fhort after his fathers death. And the name of Thomas 
one and the fame to them both, As alfo the ftile, That hee never altered either his 
fathers broad feale or privy Signet : Only I have obferved. That on the reverfe of 
his broad feale fixed to his laft will and Teflament, The privy feale or fignet, (being 
Mowbrays Lion rampant,) is five times imprinted, one, three, and one. See the 
figures in his fathers life. 




Inq : in SCcio : 



256 Cl^e libcjef of tljc 25crftdepjBf 1532 

7®7 l^iiBf bcnrt) nnD place of 25unall. 

Ina-inCanc- 31 ^J"" fatisfy this title with two records of Inquifitions found after the death 

of this lord Thomas, in one yeare in one county ; The one at Wotton Underedge 
the 2oH* of Auguft in the 29'.'' of king Henry the 8'^, by Commiffion^ in the nature 
of a Mandamus, the other at Marfhfeild the Io'^ of 06lober following, by the 
Efcheator alone, virtute officij fui ; The firft; returned into the Chancery, the other 
into the Exchequer. The firft layeth down the recoveryes had by Judge Brudnell 
and others againft this lords unkle in Efter Terme in the 4'!" and . 5'^ of Henry the 
8*? of the manors of Tetbury, Daglingworth, Sages, and the reft of his lands 
formerly mentioned, And how this lords father dyed the 24')' of Henry the 8* 
indebted — 6271 3' 6:^, — over and befides — 4881'- 16' 6? — in legacies given by his will; 
And the Anuities given by him for life, whereof many are formerly mentioned ; 
And this lord Thomas his fon dyed the 22'!' of September in the 26'!' of Henry the 
8* Anno. 1534. 

CJjf fecond Inquifition layeth down the purchafes of Bitton and Mangottef- 
feild, made by the lord Maurice of M'. Dormer in the II'^of Henry the 8'^; And 
hee of Huffey in the 7'^ year of the faid kinge ; and how the faid lord Maurice 
purchafed the manor of Elmington of Mf Wittm Huffey, fon and heire of Margaret 
Blunt maryed to John Huffey, father of the faid William, by fine in Efter Terme 
in the 12'.'' of Henry the 8*; And how, when this lord Thomas dyed the 22* of 
September in the 26'^ of Henry the S'."" Anno. 1534, Then Elizabeth was his 
daughter and heire, one yeare old ; But that Anne his wife was then with childe, 
who fince brought forth a fon called Henry, the 26'^ of November following. 'CtjUjGF 
thefe Inquifitions. 

Cljije^ lord Thomas in the firft yeare of his Barony, wifely taking into confider- 
ation the debts of his father and unkle wherewith the lands difcended upon him 
were charged ; And the Joynture and dower of the lady Cicely his mother in lawe 
of feaven of his manors, whereof mention hath been made in his fathers life ; And 
the lands alfo which his younger brother had for his life : And having alfo fome 
fcores of his own uncut out incurred in his fathers life, in thofe eight years of his 
firft marriage, what time hee had but one hundred pounds p ann. exhibition, for the 
maintenance of himfelf his wife and family. And part of that alfo not well paid as 
708 before appeares ; And obferving withall the many Anuities iffuing | out of thofe 
lands given by his faid Anceftors and himfelf ftill in being. And of the charge of 
children like to grow upon him, determined to caft off for a time the popular and 

vaine 



1534 



%iSe of €I)omajEr t^t ^ixt^ 



257 



vaine fame of great houfkeeping, and the many expences incident thereto, And to 
fojourne at a certaine rate, w''^ hee would not exceed ; And doth bargaine accord- 
ingly with the Counteffe of Wilfhere, who then lived at Stone by Thames fide, a 
mile from Dartford in Kent, for the lord of himfelf, his wife, two gentlewomen, and 
fix men, at the rate of 25! 4? the weeke for them all ; And foe in June in the 26'^ 
yeare of Henry the 8* fets from his houfe at Yate in Gloucefterfhire towards 
London, and from thence comes to Stone the 15* of the next month, where, after 
a (hort ficknefs, hee dyes on Satterday the I9'^ day of September in the faid 26* 
yeare of the raigne of king Henry the 8'^ Anno. 1534. And was there buryed the 
Teufday after, the 2 2'^ of that SeptT, which the faid Inquifitions make the day of his 
death, then of the age of 29 years or neare thereabouts, whereof hee had fit lord 
one yeare and eight months after the death of his father ; And of all his anceftors 
had the fhorteft life, yet longe, by the well imployment of his life. 



div'fa muniment 
in caftro de 
Berkeley. 



Liberac : Thome 
dni Berkeley. 24. 
H. 8. et Henrici 
dni Berkeley 2. et. 
3. Ph : et Mar. 



3[n an accompt of one of his houfhold officers of that time, are thefe words, 
which I beft beleive and followe ; iSl^eniOtantlUm, paid to my lady Wilfhire the 2I•^ 
day of September in the 26'^ yeare of the raigne of King Henry the 8'^ in full con- 
fideration for the board of my lord Berkeley, my lady, and all their fervants, unto 
the faid twenty firft of September in the faid year and raigne — 12'; 13' 4'' — which 
further fhewes that hee came to fojourne there the I5'^of July before, himfelf, wife, 
two gentlewomen, and fix men ; And foe for nyne weeks till hee was buryed, paid 
as aforefaid after — 25? 4*^. the weeke. 



Comp: in caftro de 
Berkeley et at 
munimenta. 



Concerning whofe death and funerall are thefe further fragments, remaining in 
the accompts of his fervants of that time, made to his wife the week after, which 
are all I have found of him. 

€tiaVQC0 about the funeralls of my lord Berkeley the I9'^ day of September in 
the 26'^ yeare of Henry the 8'^ 



ffirft to a mafon for raifing the foote of the herfe — lo''' 

For making of his Cheft — 12'! 

For half a hundred of boards — 14*! 

For 4 Bulhells of bran to lay within the Cheft — 12"! 

For a winding flieet — 20"! | 

For maffes the 19* day of September at his death — 3' 

For dirige the fame day — 2! 

2 L VOL. II 



709 



To 



^58 



€f)c Hibc^ of rt|£ 55cchrirpj8f 



1532 



A mafle condantly 
rated at 4<? a peece. 



To the poore in Almes the fame day — 12"? 

To Hall and three children for bearing of torches- 

Itm at dirige on Thurfday 2 . preifts — 8"? 

Itm at dirige on Fryday 7 . preifts — 4! 8*^ 

Itm 5 maffes of the five wounds — 20*? 

Hm . 3 . maffes downe of the trentall — 12*! 

Itm, remaineth more of the trentall — 9! 

I?m offering pence — 2! 8^ 

Itm to the clarke — 4*? 



-12"! 



And in another bill thus, 

A place neare Itm for the hire of a horfe from London to Stone in Kent, to ride to my lords 
Stone by Thames 1 • , ,j 

fide. month mmd — 16. 

And in another bill thus 
Itm received of my lady on Thurfday the 1 7'!' of September in the 26'!' of Henry 
the 8'^ xx*! whereof paid for a wherry for Doftor Nicholas a Phifition to Greenhithe 
— 2? For the do6lors cofts at Greenhith all night — 6? 



710 



I have been told from his fon the lord Henry, and by two other of this lords 
fervants. That hee dyed of a furfeit of cherries ; which I beleive, though their 
feafon feem gone longe before his death ; Neither is any of his anceftors found to 
bee better bred nor of greater hope, who for his fweet condition and for a mind as 
innocent as his years, and for his rare endowments, well deferves to bee commended 
to everlafting memory, that hee may bee permanent foe much the longer in the life 
of an Hiftory, by how much the thred of his naturall life was cut (horter by the 
fates. 

Short was thy life, yet liv'ft thou ever. 

Death has his due, yet dyeft thou never. 

All well may wonder how foe youthfull years. 

Could frame a life where foe much worth appeares | 

€f\t lanbjf tofjcrtof iitt tpct sfcijclJ. 

The manors and lands which this lord Thomas left to difcend to Elizabeth his 
only daughter and heire at his death, And after to the lord Henry his fon, borne 
nine weeks and fower days after his death, were in effe6l the fame whereof his 
father and unkle dyed feized, viz' 

The 



1534 



%ik of €ljoma3ef tlje ^ixt^ 



259 



The manor of Melton Mowbray, 
The manor of Segrave, 
The manor of Sileby, 
The manor of Coldoverton, 
The manor of Mountforrell, 

called fuperior et inferior. 
The manor of Dalby Chawcomb, 
The manor of Thurneby, 
The manor of Thorpe Sachevill & 

Twyfora, 
The manor of Witherley, 
The hundred of Gofcote, 
Divers Lands in Welby ats Oleby. 

The manor of Sages, 
The manor of Bitton, 
The manor of Ailmington, which was 

to Maurice his brother. 
The manor of Upton S' Leonards, 

called Grovecourt. 
The manor of Mangottesfeild, 
The manor of Tetbury, 
The manor of Daglingworth, 
The manor of Yate, was but a leafe 

for yeares. 
The fourth part of the manor of 

Brokenburrow, in Almondfbury 

prifh, 
Divers lands and Tenements in 

Thornbury, containing - 190 - acres, 
A meffuage and divers lands in 

Berkeley, 
Two and twenty marks rent out of 

fframpton upon Seaverne, | 

The manor of ffenyftanton, 
The manor of Hilton, 
The manor of Auconbury, 
The manor of Wefton, 



In the County of Leicefter. 



In the County of Gloucefter. 



") 



711 



■ In the County of Huntington. 



The 



2 L 2 



26o Cf)e Hiteief of t^ S&nrftdepjtf 1532 

The manor of Chatterys, \ 

TL c r- u jTv/r M" <^"6 County of Cambridge. 

1 he manor of Guyherne and Murroe. J ^ ° 



The manor of Guyherne and Murroe. 

In the County of Suffex. 



The manor of Bofham with Buckfold, " 
The manor of Thorney, 
The manor of fifuntington. 



The manor of Bretby, 
The manor of Linton, 
The manor of Coton, 
The manor of Roftlafton, 
The manor of Repingdon, 



In the County of Derby. 



The manor of Hovingham, in the County of Yorke. 
The manor of Maningford Bruce, in the County of Wilts. 
Certaine Lands and tents in Thorpe, and Kingfton in the County 

of Nottingham. 
The manor of Callowdon in the County of the City of Coventry 

and Warrwicke, 
Divers lands and tenements in Stivechall, by Coventry. 



The manor of Afpele, in the Parifh 

of Tamworth. 
The manor of Thurlafton, 
The manor of fiflekenhoe. 



In the County of Warrwick. 



The moities of the Lo"? of Catherlagh, 1 ^ , ... , /• t 1 . 

^, , rr ,11, fin the Kmgdome of Ireland. 

Oldcroffe, and other lands. ) ° 

Lands and Tenements in Calais of the value of — 6^ 1 3? 4? of old 
rent. 

ffowerteen pounds p' Ann out of Bromly, Lee, Gateborne, and 
Scothurne, in the Counties of Lincolne and Surrey. 



Origin. 2. ct. 3. fFoT thefe lands feverall Inquifitions, (in all or moft counties,) were found after 

Ph : et Mar. 
ps. 2. rot 73. 



P : et Mar. ^j^^ death of this lord in the 28'^ and twenty ninth yeare of the raigne of Henry 



the 8'^, and in the third of king Edward the fixth ; And of them Henry lord 

Berkeley 



1534 



Etfe of €I)onidj^ tl^e j&txtj^ 



361 



Berkeley aforefaid, after hee had been one and twenty years in | ward, fued his 712 
livery in the fecond and third of Phillip and Mary : And therein were valued to 
him at — 992'v 18! 03^. 

3llt which time alfo reverted unto him upon the death of king Edw"* the fixth, 
for default of iffue male of the body of king Henry the 7* according to the entaile 
of Wiftm Marques Berkeley, as in his life is related, thefe manors, viz! 

The Caftle and manor of Berkeley, 
The manor of Hame, 
^ The manor of Appleridge, 

The manor of Slimbridge, 
The manor of Hurfl, 
The manor of Cowley, 
The manor of Alkington, 
The manor of Came, 
The manor of Wotton underedge, 

with the Advowfon, 
The manor of Symondfall, 
The manor of Hinton, 
The manor of Erlingham. 



In the County of Gloucefter. 



The manor of Portbury in the County of Somerfet. 

The 4'^ part of the manor of Tyborne ais 

Mary bone, in the County of Middlefex. 

The manors of Kington magna, and Kington parva, in the County 

of Warrwicke. 
And thefe later were valued to him at — 687"? 5? 



9CnIl alfo in the fecond yeare of Queen Elizabeth reverted unto him the Lib: in cur Ward: 

Spec:li' '' 

3. Eliz : 



manors of Kenet and Kentford in the Counties of Cambridge and Suffolk, for P^*^- ' •* J""^ 



default of iffue male of the bodies of Richard Willoughby and Edward Willoughby, 
according to the entaile of Wittm Marques Berkeley made to them, as in his life fol: 569. 
hath been related ; And thefe, in the livery which hee then fued, were valued at — 
341- 6! and then yielded in rent but — 59? 4"! more. 



Jtot all the lands for which Henry 
lord Berkeley fued livery m. 2.&.3. 
Ph: & Mary, were valued at 



li. i. d. 

1714 = 9 = 3 



^nti 



262 Cfje Uibfjtf of rtje S&crhelcpjaf 1532 

%titi alfo hee further had the Manor of Weflon iuxta Baldocke in the County 
of Hartford, recovered upon the fuite in lawe from y'. patentees of king E. 6., (as 
after followeth in his Hfe,) valued at 36" or thereab" | 

713 Cfje fine which the lord Henry paid upon his livery for the lands difcended 

Rate of his Livery from his father, was — 496"; 9.' i? 

^Ije fine which hee paid for the lands reverted to him after the death of king 
Edward the fixth, was — 343'.' 12^ 6? 

€f)e ^pplitation anti u0t of t^i^ life. 

The ufe. i. ^n Berkeley Caftle on a file of bills, is one for the laft fuite of Clothes that 

ever were made for this lords wearing, which hee made at Stone, the 4'^ of Septem- 
ber, but fifteen dayes before hee dyed, then in the 29'^ of his age ; Thus, 

s. d. 

Itm paid for a yard and a quarter of black kerfie for my lords hofe, 2 ,, 1 1 
Itm for two yards and a half of black fuftion for a doublet for my lord, 2 ,, i 
Itm for two yards of Lininge for the fame doublet, - - i .■ 3 

And fo of the refl of the parcells. In the whole makeing and all, 9 ,, 7 

Sum — 9? ,,07? 
Which I hope the divine providence hath referved for his poflerity as an example 
of moderation, and to avoid exceffe in this kind : Poore is the condition of that 
man that mufl from his taylor take his reputation. 

2. ^gaine, from the fhort life of this lord his pofterity is admoniflied, not to 
rely the everlafting affaires of their life to come upon the gliding flipperines and 
running ftreame of this uncertaine life ; Neither to fojourne longe in finfull fecurity, 
but to frame their premifes as they would have the conclufion ; And by confidering 
how the bud of this their Anceftors life was cut from the ftalk before it flowered, to 
meditate often on the fall of theire leafe, for none more likely than hee to have feen 
the feed ripened. And to defire with this their anceftor rather a good life then a 
longe, non quam diu fed quam bene ; And to know with him that one day vertu- 
oufly fpent is to bee highlier valued then a longe life confumed in vanity and 
prophanenes. | 

7^A 3. ^Ugailte, when this family ftiall ferioufly confider the generous fraternity and 

love that alwaies floured between this lord Thomas father and his elder brother the 

lord 



1534 



fiik of €f)omaj0f tljc ^i-rtfj 



263 



lord Maurice, whofe individuall foules foe entirely comunicated their true affedlions 
each to other, that they feemed at once to bee all in all, and all, in every part of 
each other ; And when in the next difcent this family fhall as ferioufly confider the 
bitter enmity of the two fons of the faid lord Thomas, this Thomas the fixth and 
Maurice his brother, which reconciled not till death, with the ill effe6ls. It cannot 
but acknowledge, That tribulations and croffes waite and are let in as well at their 
doores as of inferior families : And therefore when they fee but one morrowe day 
to bee interpofed between fuch fweet affedlions and unnatural! difcords, It mufl 
needs know it felf flill fubje6l to the like adverfities. And beare theire faile 
thereafter. 



755} blank 



fixtt0 €f)oma, eju^cm nominijef, ^extu 



®[)e Cife of §enrg tlje jFirst 



717 



€l)c life of Henry lord Berkeley the firft of that 
name, ftiled in writings Sir Henry Berkeley knight, Lord 
Berkeley, Mowbray, Segrave, and Breoufe; never otherwife 
written from his cradle to his grave ; 5finD was Avus, or as 
our Anceftors the Saxons called, eald-fader. And wee at 
this day grandfather to George now lord Berkeley. 
3llnti may bee called Henry the harmleffe, or pofthumus 
Henry. 

^Tontemporarp with King Henry the 8'>, Kinge Edward the 
6'.^, Queen Mary, Queen Elizabeth, and King James, from 
1534. till 1613. 

€lie longe life of this lord Henry I deliver under thefe 
fixteen titles ; 



I. — ^i0 birth and education, fol : 718. 

2. — ^10 reftitution to Berkeley Caftle and to the Barony of Berke- 
ley : fol : 727. 

3. — ^10 lawe fuites, fol : 741. 

4. — l^ijef fale of lands, fol : 817. 

5. — j^rjef buildings, fol : 825. 

6. — j^ijEf recreations and delights, fol : 826. 

7. — l^jjrf hofpitality, fol : 828. 

8. — l^jj rewards to Servants, fol : 832. 

9. — Jl^iief Almes and devotions, fol : 833. 
10. — J^jBf mifcellaniae or various paffages, fol : 835. 
II. — ^0 Wives, fol : 849. 
12. — i^ iffue, fol : 863. 
13. — J^iiflf feales of Armes, fol : 875. 
14. — l^ijBE death and place of buriall, fol : 876. 
15. — Cije lands whereof hee dyed feized, fol : 882. 
1 6. — C^ application and ufe of his life, fol : 883. | 

2 M VOL. II 



266 



€fie %t\it0 of tl^e ^nMcp0 



1534 



718 



Comp. miniftr. 14. 

Eliz: 

pat. I Sept. 34 

H. 8. 

Mich. rec. 14 Eliz: 

rot. 72. cm rein 

thefaur in Sc»cio. 



^10 ^itt^ rniti eDucatton. 

^^^OtD pioufly the grandfather of this lord Henry left his life at Mangottesfeild 
^ I in the 24.^ of king Henry the S'"", and peace (as hee fuppofed) between his 
^ two fons Thomas and Maurice ; how his eldeft fon Thomas, this lords 
father, endeavored to wreft that manor of Mangottesfeild from the faid Maurice 
his younger brother, and how the faid Thomas dyed within two years after at Stone 
in Kent, in the 26•^ of that king in the midft of that catching contention ; leaving 
Elizabeth a fucking infant not one year old, his daughter and heire ; And the lady 
Anne great with child, delivered of this lord Henry nyne weekes and fower days 
after his death. To whom king Henry the eighth that gave his name was godfather; 
hath in part already been declared. 



5It hath alfo formerly been written in the life of the faid lord Thomas the 5'\ 
this lords grandfather, how by his Will hee gave to the faid Maurice his fecond fon, 
(amongfl other lands,) the Manors of Dalby in Leiceflerfhire for his life in prefent 
poffeffion, And alfo the manor of Mountforrell in the fame county for his life alfo, 
after his will fhould bee performed ; 



I^OtD after the death of the lord Thomas her hufband, It was by the procure- 
Inqu : 28. H. 8. ment of this lady Anne found by Inquifition, That her hufband dyed feized of the 

poft. mort Thome f^j^j manors of Dalby and Mountforrell, and alfo of the manor of Thorpe Sachevill 
in v^cincc IT* 

in the fame County ; which the faid Maurice conceived to bee to his double preju- 
dice, efpetially this lord Henry fon and heire of the faid Thomas being then in 
minority and the kings ward : firft bccaufe Thorpe Sachvill is part of his manor of 
Dalby, which now is taken from him under the pretence of being a Manor of it 
felf ; fecondly, becaufe by the faid Inquifition the king is intituled prefently to thofe 
two Manors of his : ]D|)rccai8f Dalby fhould prefently bee to him in poffion. And 
Mountforrell alfo after his fathers will performed : Hereupon Maurice tenders his 
plea in Chancery in nature of a traverfe, to avoid this part of the Inquifition foe 
unjuftly found by meanes of this lady Anne his fifler in lawe, who loved him not ; 
whereupon iffue is joyned between Maurice and the kings Atturney generall tryable 
by Jury, urged and defended by this lady Anne, in behalf of her felf and her fon 
Henry the Kings ward. 



Plita in Cane. 

odlabis martin 

28. H. 8. 



i6i3 tlife of J^ntrp t^e fim 267 

CI)C Lady on the contrary maintained, That Thorpe Sachvill was noe part of BerkdeVcaftle 
Dalby manor, but a Manor of it felf, with a court baron | and a Leete yearly kept 719 
there ; "Sfinll alfo, that the tenants of Dalby never atturned to the feoffees, whereby 
Maurice could have noe eflate in that Manor from his father. 3llnl> alfo, that there 
is both great Dalby and litle Dalby in that County, And in the feoffment which 
paffed by tre of Atturney it is not expreffed whether was meant unto him by his 
father great Dalby or litle Dalby. 3tll6 alfo that Henry her fon was heir in taile 
to that manor, which Maurice claimed by vertue of a fine levyed by Maurice Fine : 10. H. 7. 
Berkeley his grandfather to himfelf and I fable his wife, and to the heires males of '" banco, 
their two bodies. 

3ilgatnjtt Maurice alfo, for Mangottesfeild manor, fhee alleadged, That her 
hufband was feized of all that manor fave the houfe and the Conigre, and thereof 
dyed feized. And fo her fon (the kings ward) was in by difcent from his father : 
%Qain0t Maurice alfo, for the manor of Elmington given him likewife by his 
fathers will and to the heirs males of his body, fhee alleadged. That that guift was 
to him by a firfl Will, which by making of a fecond was revoked : And that after 
the feoffment made by the faid lord Thomas his father to the ufe of his will, hee 
made a Leafe for lives of the manor place demefnes and Tenem", referving a rent 
to him and his heires, with a claufe of diflrefs for nonpayment ; Which rent mufl; 
refort to Henry her fon ; C{)Uj8f this lady Anne drew into fuite and queftion what- 
foever lands this younger brother Maurice had in any County. ,, 

3llnll becaufe her mafculine fpirit would beare noe coales at Maurices hands, 
whereas hee and his company had not longe before endamaged her hufband in 
fpoiling of Mangottesfeild poole and the Mill there, whereof hee had gotten the 
poffeffion, as hath alfo been faid ; fhee incited James Berkeley of Bradley by 
Wotton, John Berkeley and Brice Berkeley his two fons, and thirty others who 
by her means they brought with them, the I2'^ of June in the ■26'.'' of Henry the 
8*, immediately after her hufbands departure from Yate towards London, to reenter 
againe upon the faid Mill and poole, and riotoufly to break down the head thereof, 
And from thence to carry away tench and breames to the value of forty fhillings : 
For which fa6l by the purfuite of the faid Maurice, they were fhortly after indidled 
and fined. |@{)tci) riotous deed the malice of the faid lady borne to Maurice foe 
well approved. That (her hufband dying the ig'.*" of September following,) fhee the 
28'^ of the next month, by an ample patent made the faid James Berkeley her Q^^fg^ ;„ ^^{^^^0 ^j^ 
Receivour, Surveyor, Auditor, and Woodward, of all her manors and lands in the Berkeley. 

Counties 

2 M 2 



368 



C^c Hibejet of tt^ ^ctMep^ 



'534 



720 Counties of Derby, Leicefter, Huntington, and Gloucefter, which (hee | either had 
in joynture or by leafe from the lady Cicely as Adminiftratrix to her hufband, as a 
reward for his faid riotous fa6l. 



Pat : 1 Sept. 34. 

H. 8. 

Mich : rec : 14. 

Eliz. rot 72. in 

fc»cio cum : rem : 

thefaur 

Comp : minis. 1 4. 

Eliz : in Scoio. 

Carta dat : 2. 

Januar : 26. H. 8. 

in caft.ro de 

Berkeley. 



3Ilnll this is that Brice Berkeley whofe daughter and heire Elizabeth was after 
maryed to Edward Berkeley fon and heire of this Maurice, as formerly hath been 
written. 

3lnb for the wardfhip of this lord Henry, It was firfl granted by Henry the 8* 
to Robert Earle of Suffex his Chamberlen, with the exhibition of— 14'.' 6' 8*? iffuing 
out of fframpton upon Seaverne, and after by him affigned to this lady Anne. 

3ft now followeth to declare, that forthwith after her hufbands funerall the faid 
lady Anne came to live at S' Auguflines greene, and from thence returned to her 
houfe at Yate ; And in the meane time, within one week after her churching, the 
more to increafe the flame of the former fire (which by her addition of fuell had too 
much flamed between the two brothers,) fliee wound in one Alexander Dowle of 
Thornbury, fon of Walter, fon of Thomas and of Alice his wife, daughter and heire 
of one Phillpot and of Alice his wife, to fell unto her in fee fimple for twenty pounds 
in money a meffuage and threefcore acres of Land in A6lon Ilger, which was wrong- 
fully with power and force held from him by Giles Poyntz, (brother of Sir Nicholas,) 
And that hee being a poore man and not able to fue in the kings Courts for the 
fame againfl the faid Giles, did therefore fell his right and title to the faid lady and 
her heirs ; Thus the Deed fpeakes. 

I^OtD whilft^ thefe and other fuites travelled up and down Weftm": hall, Maurice 
on the other part, accompanyed with his brother in law Nicholas Poynz, and the faid 
Giles Poynz his brother, to work like difpite to this lady, They one night fpecially, 
(as often they did the like,) with a riotous company of their fervants and others, 
Ex relacone H- entred her parke at Yate, and having havoked her deere at pleafure fware amongfl 
dni Berkeley et themfelves, they would, to fret and damage her the more, fet the great hay ricke 
on fire ; meaning a great ricke of hay for winter provifion inclofed with a high pale 
at the fl;able end adjoyning to the houfe, wifliing the fire might catch the houfe and 
burne the lady with her werifli boy in the midft of it. And then, Maurice (quoth 
Giles Poynz) thou flialt bee heire, and wee have an end of all our futes. 

721 3f^ chanced at the fame time another company of Hunters to bee | in the fame 

parke ftealing alfo of this ladies deere ; who perceiving a fl:ronger pack of theeves 

then 



i6i3 Hifc of i^cncp t|)c fir^t 469 

then themfelves to bee in place, and better provided, had drawn themfelves fecretly 
to fhelter under the faid hay ricke, where clofely ftanding and hearing what was faid 
and determined, and fearing either to bee defcried or burned, prefently ran away and 
fled ; which being perceived by Maurice and his company, and by them thought to 
bee of the ladies family, and fuch as fliee and her keepers had drawn togeather, 
They alfo, as loth to be defcryed or taken, fled as fafl another way ; And foe by 
this chance was a great danger prevented, And Maurice and his company by the 
other company peached, and a Starchamber fuite commenced. 'Cf)t^, this noble 
lord Henry hath merily related unto mee, with many the like paffages in thofe 
times by his unkind uncle Maurice, and his faid brother in lawe ; wherewith I might 
blot more leaves of paper and tell this family of divers of their flrange aftions, not 
(1 think) before praftifed fmce the lawles daies of Robinhood ; the remembrance of 
many whereof are yet of frefli memory in thofe parts. 

5In March the yeare after in the 29'^ of King Henry the 8'^, Sir Nicholas 
Poynz aforefaid, John Butler, Edward Arden, Thomas Tovy, and others of his 
company, in a lewd riotous manner brake down the wall and head of Mangottesfeild 
poole aforefaid, which was now the faid ladies, and deftroyed the mill of late there 
built, and took and fpoiled the fifh and fry therein, to her very great damage, and 
the little profit of themfelves; which was the third attempt upon this mill and poole; 
for which riotous faft, this lady Anne exhibits another bill in the Starchamber; And 
fending her man Thomas Stephens to ferve the defendants with proces, the faid 
Arden and others foundly beat him, for which battery and contempt of Juftice, 
another newe fuite was likewife raifed and profecuted. 

^ir Nicholas Poynz and Maurice Berkeley being flridlly preffed with the fuits 
of this lady, for the riot committed upon the faid mill and poole, fomewhat to give 
colour to their fadl, procured an Inquifition to bee privately found at Wotton by 
the Efcheator, virtute officij, in the 3o'^ yeare of king Henry the 8'^, declaring how Inq: 30. H. 8. 
Henry the 8'!" in the 24'!" of his raigne leafed the Manor and Hundred of Barton to 
his father S! Anthony Poynz for one and twenty years, whofe executor hee was ; 
And that the watercourfe running between the manor and | hundred of Barton and 7^2 
the manor of Bitton was eftopped by Thomas lord Berkeley the fifth of that name, 
when he new built that mill, And thereupon had overflown two acres of ground, 
one of the manor of Barton, the other of the manor of Bitton, which is now called 
Mangottesfeild poole ats Charnells poole, which Anne lady Berkeley now holds, 
but by what title they of the Jury fay they know not : This prefentment the lady 

traverfed, 



270 



Ctje HiUcief of rljc 25crhcIcpiBf 



1534 



traverfed, And hereupon fo many bills in divers Courts, Indi6lements and other 
Suites, were multiplyed between them. That at laft the faid lady to give fome eafe 
to her felf, fled to her old mafter king Henry the 8*, who granted her a fpeciall 
Comiffion under the great feale, to enquire heare and determine thefe riots and 
other mifdemeanors, and made her one of the Comiffioners, and of the Quorum ; 
Whereupon fhee came to Glouc, and there fate on the Bench in the publique 
Seflions hall, impanelled a Jury, received Evidence, found S' Nicholas Poynz and 
Maurice Berkeley and their fellowes guilty of divers riotts and diforders, and fyned 
them; And hence it is, that the coinon people in thofe parts of Yate and Mangottef- 
feild will with fome flifnefs of opinion to this day, to the honor of this lady, (as they 
fuppofe,) ftiaintaine that fhee was a Juftice of peace, and in the Comiffion of the 
peace, and fate with them upon the bench, But I have not otherwife obferved it, 
then as aforefaid. 



3f tDlH not further weary this noble family with more of the braules and jarrs 
between thefe two families; I come to the end they tooke for the time ; S^ Nicholas 
Poynz for two hundred markes, in the fecond and third years of Phillip and Mary, 
Carta in caftro de fold to this lord Henry the patent hee had from the Crown of the Rangerfhip and 
keeping of Kingfwood fforeft, which his Anceflors Anthony and ffrancis before 
had held, And which Maurice lord Berkeley the Sixth, before them had alfo held ; 
for payment of which money the faid lady Anne became bound with her fon as a 
fuerty ; And the next yeare this S' Nicholas, leaving another S' Nicholas his fon 
to fucceed him, dyed ; the faid Maurice Berkeley his brother being dead before. 



de Berkeley. 



Efcheat:i3. H. 4. 

pod mort : Tho : 

Mowbray Com : 

Marelc. 

723 

Diverfa muni- 

menta in caRro 

de Berkel : 

Diu'fi com pi inter 

record et fupervis: 

Tho. Jenifofl, et 

Dfise Eliz: nuper 

regine. 



^Ot troubled was this lady Anne with thefe diffentions at home, that fhee 
fuffered this lord her fon to fuflaine loffe of treble more moment abroad ; for whereas 
by difcent of inheritance hee had the one moity of the feignories and lordfhips of 
Catherlagh, Oldcroffe, and divers other Manors and lands in the County of Wexford, 
(yea two baronies,) | in Ireland, as a copercener with Thomas then Duke of Norfolk, 
A parliament was holden for that kingdome at Dublyn, the firft of May in the 28'^ 
of king Henry the 8'.'', whereat all lords and owners of lands were, by a law then 
made, under forfeiture enjoyned by a fhort day to come and inhabite upon them, 
whereby this lord became difmherited. 

<©f the Juftice of this a6l I will not fpeake, becaufe it was grounded upon 
reafon of State, as affaires then flood ; But, as to the lord Henry, then but feaven- 
teen monthes old and the kings ward, and his whole lands under the kings rule and 

protection. 



i6i3 



Hifc of i^enrp tfit f ir^t 



271 



prote6lion, and of his Courts, in refpe6l of his minority, it feemeth hard, and with 

fome unreafonahle ; And the more becaufe the Crown then feized upon them, and 

longe time after let them for yearly rents paid into the Exchequer there, untill king tempore Jacobi. 

James fold them away in ffee fimple. 



0titif£t would I have this family ignorant, that many tres and fome meffengers 
in the life of this lord Henry after his full age, and the marriage of his fifter with the 
Earle of Ormond, were fent to him about thefe lands ; But what through the Jarre 
that fell between that Earle and his wife, and of the fuits that continued between 
Queen Elizabeth and this lord Henry, and with her potent favorites and patentees, 
till her end, and for feaven years after her dayes, and for many other troubles that 
preffed hard upon this lords eflate, as alfo through his own indifpofition for Court 
fuites, nothing was effefted or brought to any apparent forwardnes for ought I have 
underftood : Since his death I remember the new Earle of Thomond had twice 
fpeeches with the lady Elizabeth Berkeley mother and gardian of his grandchild 
and heire touching thefe lands, whereof I think hee hath part, and of the a6l that 
did difmherite this lord Henry ; And after wrote to her about a fearch to bee made 
amongfl this lords evidences, but I knowe hee obtained nothing to the prejudice of 
her fon the lord George ; To whom I can leave noe other hope herein, then that 
the Crowns injuftice, (if I may ufe foe harfh a word,) to his imediate Anceftor, 
may bee the ground for fome future fuite from his Ma*!* 



Anno: 14. Jaco : 
et. 16. Jacobi. 



^0liib\t lady Berkeley, widow, having by her firft hufbands conveyance an 
Eftate in the manor of Callowdon for her life, And the revercon after her death to 
Maurice lord Berkeley her fon in ffee, joyne in a leafe in the 5'^ year of king Henry 
the 8'!" of the faid Manor, to Thomas Try their Cofen and fervant, (often before 
mentioned,) for his life, paying for the life time of the faid lady — 33^- 18! 4? And 
after her death lefs by twenty pounds a year to the faid Maurice and his heires ; 
which leafe, the faid lord Maurice |enjoyned his heire by his will, fhould bee quietly 
enjoyed ; After that ladies death the faid Maurice in the I2'^ yeare of king Henry 
the 8'?, not only confirmed that former leafe made by his mother and himfelf, but 
granted twelve years more to the faid Thomas Try, to bee accompted from his 
death, in recompence of the great charges hee had been at, and the many good and 
faithfull fervices hee had done to him, at the feidges of Tirwin and Tournay, and 
other places ; Thomas Try dies at Callowdon the Tenth of ffebruary in the 36'!" of 
king Henry the 8*; This Manor being part of this lady Annes Joynture, fhee 
comes now to take poffeffion, but is kept out by Walter Horton Efq', in behalf of 

his 



finis: 10. H. 7. in 
banco. 

Carta. 5. H. 8. in 
caftr de Berkel : 

Coiii. pleas:Pafcti: 
38. H. 8. rot. 448. 



724 

carta. 12. H. 8. in 
caflro de Berkeley. 



2J2 



€l)e libc^tf of rtjc 2S>rrfir!epjef 



1534 



Pleadings in Cane. 
36. et 37. H. 8. 



PafcK:38. H. 8. 

rot 448. in Comon 

pleas. 



his mother the widow and executrix of Thomas Try, by colour of the twelve years 
granted by this later leafe ; This leafe the faid lady Anne accufeth to bee forged, 
And exhibits her bill againft them in Chancery ; they anfwere, Witneffes farre and 
neare are fetched and examined, and amongft; others one Gerrard Try a Soldier 
from Bullen, a bafe fon of the faid Thomas Tryes; And the caufe coming to hearing 
was fent to bee tryed by adlion at coiiion lawe, which by extraordinary labour and 
means paffed with the faid lady ; And fo after two years and a half Strugling, fhee 
obtained the poffeffion and overthrew that leafe, I will not fay unjuflly : But know- 
ingly, I may fay, favour and freinds much helped and prevailed ; And in that fpace 
many forcible entries and riotous affaults were made, a part of the mote about that 
houfe filled up with faggotts, and foe affaulted by the faid lady, howbeit kept out 
both of the houfe and the greateft part of the Manor till tryall : After which the 
lady Anne to fortify her recovery fues out a fpeciall Comiffion in the nature of a 
Mandamus, to enquire what lands in the County of the City of Coventry her 
hufband dyed feized of; Whereupon an Inquifition was taken before Bradfhawe the 
kings Atturney generall and others, by jury, in the 3'^ yeare of king Edward the 
fixth, who found the faid firft leafe, and as much more fpeciall matter as would 
befreind the faid lady : All which, befides the records which fpeake at large, I have 
had from the relation of old Robert Burbage father of Thomas the now bayly of 
Gofcote hundred, then fervant to the faid lady, and many years after to this lord 
Henry her fon, and imployed in this fervice, with many other paffages by mee 
omitted. 



carta in caftro de 
Berkeley. 



725 



^[^i0 Thomas Try purchafed an houfe and certain lands in Binly by Callowdon, 
(wherein John Prowtinge and Hugh ffowler, two of this lords fervants, of late 
dwelt,) And by his will left the inheritance of it to the faid Gerrard his bafe fon, 
formerly mentioned, then at Bullen, | who having depofed moft advantageoufiy in 
the former fuites for the f"? lady, lofl him the love of his faid mother in lawe and of 
her fon M' Horton ; And alfo kindled in them a defire to doe him any mifcheife ; 
And on the other part, the hatred the lady carried to the memory of his father 
Thomas Try for forginge the faid leafe, as fhee affirmed, (but untruly,) caufed her 
to caft injuflice upon him his bafe fon ; for, having now the poffeffion of Callowdon 
fhee feized upon this houfe and lands at Binly as parcell thereof, under colour that 
they were by one and the fame man longe occupied togeather ; Gerard Try comes 
from beyond feas, and petitions this lady for his right, but is reje6led : Hee feeks 
to the Bifhop of Ely, then lord Chancellor, by petition, who refers him to the lady 
againe, efpecially charging him that hee fhould bee at quietnes with that good lady, 

(for 



i6i3 



Hife of l^cnrp tlje f ir^t 



27i 



(for fuch were his words;) whereupon hee went with his writings to Kentifh Town 
by London, where at this begining of Queen Maryes raigne fhee often lay with this 
lord her fon, And telling her what the lord Chancellor had faid, and the caufe there- 
upon of his coming, hee declared to her his right to the land in Binly out of his 
evidence, which (as hee accufeth her) fhee craftily catcheth up, and kept referring 
him to come to her to Callowdon where fhee fhould bee fattisfyed ; Thither fhee 
repaires, and thither hee follows in lent after, where hee found her with Bifhop 
Bond, that kept with her there that lent : Hee importunes, fhee denies. And in the 
end giving him 20^ to beare his charges becaufe hee was come thither by her 
appointment, fhee bids him begone, and trouble her noe more, for the land fhee 
would have, or by Gods bleffed Sacrament, (that was ever her oath,) fhee would 
make him burne a fagott : And another time, upon his further importunity, fhee 
charged him to bee quiet, or (fwearing the like oath,) fhe would caufe him to bee 
burned for his religion. 

^CtcartJ packs againe to Bullen, and with the change of religion turns preifl, 
and prefently after the ladies death getts into poffeffion of the faid houfe, but by 
force ; whom this lord Henry indi6les at Warwicke Seffions upon the flatute of the 
84" of king Henry the 6"?, of forcible entries : But hee (having his right favoured) 
avoids reflitution of the poffeffion. This lord thereupon brings his ejedlione firmae, 
whereupon iffue is joyned whether this houfe and lands bee the freehold of this lord 
or of the faid Gerrard : This fuite being mifcarried, this lord repaireth it by another, 
wherein hee prevaileth not ; Gerrard now poorly beneficed at Childewickham in 
the faid county, holding thefe multiplicity of fuites for vexations, delivers a writing 
of his own hand writing to the proper hands of this lord Henry, wherein, (befides 
his laying down all the former paffages,) hee plain |ly advifeth him not to inrich 
himfelf with wrongfull gotten goods, leall it confume the reft of all his fubflance ; 
for confirmation whereof hee vouches to him five texts of Scripture, (not unaptly 
applyed,) And tells him as plainly. That his father Tryes labour care and diligence 
redeemed to his Anceflors and him better than 1 700 markes a yeare ; And that hee 
himfelfe came from Bullen to teflify for his lordfhips mother in the title of Callow- 
don, whereby hee loft his mother in lawe, and M' Horton her fon ; And was by 
them thrice maimed and hurt for anfwering of matters on her La"? fide, (hee means, 
I think, in the affaults given about the poffeffion of the houfe,) who promifed him 
fourty pounds by the yeare for thofe fervices, but never had penny of her, but in 
the end was forced to get over againe to Bullen. 



10 Eliz : 



Pafcti : 10 : Eliz. 
Rot: 238. in banco 
regis. 

Trin. 1 2. Eliz : 
Rot : 430. item. 

Manufcr: in caflro 
de Berkeley. 
726 



Hee meanes the 
feverall reflitu- 
tions temp : H. 7. 
&. H.8. videfols: 
[613. 674] 



2 N VOL. II 



274 



€!)c UiUcief of tlje 55crhdfpief 



1534 



carta dat : 38 

Maij. Anno. 30. 

JacobL 



<^0 bee (hort, Gerrard had good title but this lord had now the pofleflion and 
was powerfull ; Gerrard upon compofition releafeth all his right and title, And in 
recompence had from this lord an Yearly Anuity of fourty fhillings duringe life, 
and competent fum of money in hand : fCtltje^ is that houfe and land of late fold in 
fee to Edward Woodward and Henry Lucas, to the ufe of the countes of Bedford, 
and by her and them to the lady Craven of London by the lady Elizabeth mother 
and guardian of the lord George, for two hundred pounds, with whom hee joyned 
in a fyne in his minority : And thus is this ill got peece flipt from the reft, before 
the full age of the third heire. 



Exodus. I. V. 8. 
A6h: 7. V. 18. 



3[t'36f noe unapt digreffion in this place to fay. That its eafy to find a ftaffe 
wherewith to beat a dogge : when a new Pharoe arofe that knew not Jofeph, it was 
eafy to quarrell at the multiplication of his and of his fathers pofterities : Howbeit 
Mofes, from God, had told all generations of Jofephs defervings towards Pharoes 
forefathers, and of their ill requitall of Jofephs pofterity : 'Jlnb the ftory of this 
Thomas Try, droppingly by mee delivered as occation required, in fower of the 
former lords lives, hath fufficiently affured this family of his great fervices to each 
of them in their fucceffive generations. And now by the cominge of this lady 
Anne, who knew him not, as fhee ought to have done, his reward for thofe fervices 
is quarrelled, and his fidelity and reputation wounded after his death, I may fay, 
unjuftly overthrowne : A fortune which I wifh none other fervant to this noble 
family may, without worfe deferving ever find. 



727 5tt this time, in the fourth of Q[u]eene Mary, Anno 1556, Cardinall | Poole 

Carta in ^^y> de Qut of his Apoftolicall authority and Legatefhip from the Bifliop of Rome, abfolved 
this lord Henry from all dangers of Excommunications, which in the late time of 
Schifme in England hee had incurred : And granted to him the faculty to ufe 
his Chappell in his manor of Callowdon, as of ancient time before the fchifme his 
Anceftors had ufed the fame : And to have there a portible Altar to fay maffe, to 
receive the body and bloud of Chrift, and to keep the fame in a box covered with 
a faire findon or Linen cloth, with candle burning before it. 



Carta in caflro de 
Berkeley. 



5llllb by another inftrument at the fame time, the faid Cardinall by like 
Authority, grants to this lord Henry to have all the Tithes to his faid Chappie of 
Callowdon, which heretofore were granted by Pope Gregory ; And which fince 
have been accuftomed to bee paid thereto untill the late moft pernitious fchifme 
in England happened, what time the grant of the faid Pope was loft, which the 

Cardinall 



i6i3 Xifc of l^enrp tfje fitgt 275 

Cardinall doth now by his faid Apoftolicall authority and legatefhip, repaire, re- 
newe and reftore. 

f$i^ rejsftitution to 25crfedcp Cattle, anti to t^t 25aronp of 25rcfeelep. 

'Ct)U^ have I brought this lord and his a6live mother to the death of king 
Edward the fixth and entrance of Queen Mary, and him to the I9'^ yeare of his 
age ; At which time fuch accidents fell togeather upon this family, as I fhall feeme 
to thofe that read parcelwife and by broken houres, to relate them fomewhat out 
of order. 

3f lja\)t not only in the life of William Marques Berkeley, but upon occations 
almoft in each lords life fince him, touched in what fort that Marques for default 
of iffue of his own body, entailed the greateft part of his Inheritance upon king 
Henry the 7'^, and the heires males of his body, And for default of fuch iffue male, 
the fame to returne againe to his own right heires ; And how the faid Marques 
dyed in the 7'^ yeare of that kings raigne without any iffue of his body. And how 
that king entred thereupon, and was feized, and tooke the profits accordingly. 

31 Ijabc alfo related in what fort Maurice the Marques brother and heire | and 728 
Maurice his fon were afterwards reflored to part, and regained other parts of thofe 
poffeffions ; Infomuch as of all thofe manors fo by the Marques entailed upon king 
Henry the 7* none remained in the Crown upon the death of king Edward the 
fixth, (the lafl of that kings iffue male,) fave the Caflile, Manor, and Hundred of 
Berkeley, the manors of Hame, Appleridge, Alkington, Came, Hinton, Cowley, 
Wotton underedge, Simondfall, Erlingham, Slimbridge, and Hurft, in the County of 
Glouc, And the hundred and manors of Portbury and Portefhead in the County 
of Somerfet, And the manor of Kington in the County of Warrwick : As for the 
manor of Wefton iuxta Baldocke in Hartfordfhire, which was granted away in fee 
by king Edward the fixth in the firft of his raigne, it hath (as the cafe deferveth) a 
memoriall by it felfe. 

3[ Ija^c alfo (hewed how at the death of king Edward the fixth, this lord 
Henry was within age, and in ward to the king for his manors of Tetbury, Bitton, 
and other manors in divers Counties, which difcended upon him by the death of 
the lord Thomas his father, holden by knights fervice in capite ; whereupon arofe 
a cafe of rarity and intricacy, which that venerable Judge of the Coinon pleas, the 
lord James Dyer in his booke thus reporteth. 

3Btntani 

2 N 2 



276 



€|)e Uibcief of tijc ^erMtp0 



1534 



Dyer. Trifi 

Tenn. 1. Mar. 

fol : 103. 



IDtntaill Marques Berkeley levyed a fine of the manor of Berkeley to one 
Logge, come ceo que il avoit de fon done, by which fine Logge rendred the faid 
Manor to the Marques and to the heires of his body, the remainder to King Henry 
the 7'^ and to the heires males of his body. The remainder to the right heires of the 
Marques : That the Marques enters into the faid manor and dies without iffue, 
After whofe death Henry the 7^ enters, and was feized in taile, and dies ; And the 
fame difcended to Henry the 8* and from him to Edward the fixth, who enters 
and dies without iffue : By reafon whereof the remainder came to Henry lord 
Berkeley as Cozen and heire of the Marques, being within age and in Ward to 
Queen Mary : And that the faid manor of Berkeley was holden by knights fervice 
in Capite ; whereupon (faith Dyer) the queflion arofe, Whether the faid manor 
fhould bee in Ward to the Queen or not, by reafon that the Seignory was fufpended 
in Edward the fixth at his death ; And at lad (faith hee) it was refolved by the 
judges, That the Queen fhould have the wardfhip of the faid manor, not by her 
prerogative becaufe other his lands were holden in Capite, but by reafon of the 
tenure which is revived by the death of Edward the fixth in the perfon of the Queen: 
And it ought to have efcheated to her for want of heires of the Marques ; There- 
fore (faith hee) the fee fimple was in confideratione legis. Thus Dyer. | 



729 

Pr : Scale : Dat : 

8: Sept: 1. et. 2. 

Hi. et Mar. 

Pat: 11: Dec' i. 
et. 2. Pft. et Mar. 



25ut to take away all fcruples whether the Queen (hould have the profits of 
thefe manors thus reverted during the lord Henries minority or not, Shee the 8'^ of 
September in the fecond year of her raigne, awarded her privy feale, reciting therein 
the faid cafe, and the doubt in lawe arifing thereupon ; And to take away that doubt 
doth command the mafter and officers of her courts of Wards to paffe a fpetiall 
livery of all the faid Manors to this lord Henry, though hee bee not yet come to 
his full age : By which grace, clemency, and pitty, (for foe are Queen Maries words,) 
hee gained two whole years rents and more of thefe manors, as not coming to his 
full age till November in the third of her raigne. 



Ind: dat: 6. Dec : 

I. et. 2. F\i : et 

Mariae. 



Lib. fub: figillo 

dat II. Dec. i. et 

3. Pti. et. Mariae. 

Idem fub private 
figillo de dat pd. 



%ttii for the more certainty of what manors and lands this lord was thus to fue 
livery and to take benefit by the faid privy feale, hee in December following ex- 
hibited a perticular note of the names and values of each manor and lands as were 
to him reverted after the death of king Edward the fixth, and whereof hee meant 
to fue livery ; which were not only the manors formerly mentioned in the Counties 
of Glouc : Somerfet, and Warwicke, but alfo this lady Anne and her follicitors 
ignorantly caft into the fame livery the fourth part of the moitie of the manor of 
Tiborne ats Maribone in the County of Middlefex, whereof noe benefit could bee 

taken. 



i6i3 



5tife of I^cnrp ttft fit^t 



277 



taken, for that Maurice the fifth after reflitution thereto had, amongft others, fold it 
away to the lord Burgeveny, as in his life hath been declared. 



3llnb in this livery, which is inrolled in fix Offices or places of record, is laid 
down all the Marques Berkeleys fines affurances and eftates by him created, as 
before hath been related ; And how by the death of king Edward the fixth the faid 
Caftle Hundreds and Manors reverted to this lord Henry as right heire to the faid 
Marques, which alfo Queene Maries Atturney generall, by the advice of the Judges 
of both benches, confeffed to bee true. 5llnll thus entreth the lord Henry upon 
thefe poffeffions, being the whole lands of his Barony of Berkeley and more, whereof 
none of his fower laft Anceftors had any poffeffion, but had refted in the Crown for 
61. yeares, 4. months, and 20. dayes ; And which then were of the value of — 
687. 5f p Ann, in old rent, not accounting the Parks and Chaces therein. Sfinb the 
more to fortifie his new gotten poffeffions, this lord had alfo a pardon and a releafe 
the 22'? ot February in the faid third yeare of Queen Maryes raigne. | 



Mich: rec: i. Mar. 
rot: 50. in fc»cio. 

Orig. 2. ps. I. et 
2. PB. et Mar: rot 
68. in fc^cio. 

Orig: 2. ps. 2. & 3. 
Pti: et Mar. rot. 
73. in fccio. 

Mich. 4. 5. P!i. et 
Mar: cum Audi- 
tor bis. 

Pafch : I. Eliz. rot 
36 in fc»cio 

Pat. dat. 23: ffeb: 
2 et 3, Pfi et Mar. 



3llntJ the 8'.'' of January in the 4'.'' of her raigne the faid Queene, having recited 730 
fower of the old charters and grants of this Barony, as well of the lands as liberties, 2: Cartas dat: 8. 
made by her progenitors, king Henry the fecond, Richard the firfl, king John, and ef Ma?, in caftr 
Edward the third, (formerly by mee mentioned,) doth for her and her fucceffors, for ^^ Berkel: 
33? 4? fine, grant and confirme the fame to this lord Henry and his heires : And by 
her other Charter of the fame date confirmed likewife to him and his heires many 
of the old charters and grants of free warren within his demefne lands of Berkeley 
and all the herneffe nookes or corners thereof : And in Portbury and Portefhead in 
the County of Somerfet. 



2S^Ut whereas this lady Anne and her agents in behalfe of this lord her fon 
covenanted with the Mafter and furveyor of the Court of Wards, not only to fue 
livery of the forementioned Barony and of the manors and lands in the Counties of 
Gloucefl;er and Somerfet, which was well ; But alfo of divers other lands in the 
counties of Suffex, Surrey, and Middlefex, (indeed the felf fame whereof Maurice 
the Marques brother had reflitution in the time of Henry the 7'.'', And which hee 
(hortly after aliened, as in his life appeareth,) It was a fecond groffe ignorance in 
them all, for which this lords purfe fmarted — 22o'!- 



Ind : 20 : Nov. i. 
et 2. Pfi. et Mar. 



25cfore I clofe up thefe paffages, I mufl, though with fome forrow, recount to 
this noble family. That at fuch time as this lord was reflored to thefe manors and 

lands 



278 €5e Uibejtf of rtje 25crftelcpiet 1534 

lands by Queen Mary, That title whereby this lord after loft a great part of them 
was alfo in her by the Attainder of John Dudley Duke of Northumberland ; which 
whether then perceived by this lords Councell, or out of their general providence 
to make all fafe and fure, with knowledge thereof in particular, I know not ; but 
certainly they earneftly advifed this lady Anne and this lord her fon to take them 
from the Queen, not by way of reftitution, which was the longer way and more 
chargeable, but as of her guift by dedi et conceffi, and with the ufuall words in all 
fuch grants, of ex fpetiali gracia, certa fcientia, et mero motu, which was much 
fhorter in time, labor and pleadings, more fafe and leffe chargeable ; whereto Queen 
Mary her felf alfo more inclined, afwell to enlarge her grace and favour the more 
amply to this lady Anne and this lord her fon. As to oblige this lord the more 
731 ftri6lly to her fervice : But this lady Anne who then ruled all the | roft, (this lord her 
fon then under one and twenty, unexperienced, indulgently foftered, thinking on 
nothing but the delights of Youth,) would by noe perfuafion affent thereto, out of a 
covetous purpofe which fhee had to avoid divers leafes made of thofe lands by king 
Henry the 8'^, and Edward the fixth, which, as fhee was told by Counfell, were 
determined in lawe with the Crowns remainder ; As both this lord himfelf, (out of 
greife for that groffe overfight of his willfull mother,) hath told mee, and as I have 
heard from old M^ Thomas Denis of Gloucefter at that time Sollicitor in thefe 
buifineffes, and from divers others, and as the fequell of her proceedings convinceth 
to bee too true : And therefore I may heare throw in the face of her memory thofe 
evills which this family fuffered by that her womanifh wilfullneffe, to the expence of 
above fifty thoufand pounds, as the refidue of this lord Henrys life, his fales of land, 
and other troubles, (nay all his troubles,) hence occationed and arifeing, will mani- 
feft to bee true, whereof I will not forget upon the clofe of them, (for examples 
fol: 793. fake to pofterity,) to give her a fecond reproofe by the double accufation of this lord 
her fon. 

CljijSi lord Henry thus by way of reftitution in poffefTion of the faid Caftle 
Hundreds, and Manors, A generall veiwe, by vertue of his Comifion diredled to 
Hugh Denis and others, was taken the fame yeare, declareing the eftates that each 
tenant had in each part of the faid Manors lands and liberties, in the Counties of 
Gloucefter, Somerfet, and Warwicke, foe reverted upon the death of king Edward 
the fixth, either by Copy, or by Indenture or at will, and digefted into a folio booke, 
Shellitoes booke. called Shellitoes booke, remaining to this day in Berkeley Caftle ; which paines of 
theires, though not great, was largely rewarded to each one of them with one or 
more of the beft of thofe eftates ; Howbeit in fome of thofe officers this humor 

abounded, 



i6i3 Hife of I^cnrp tfje fic^t 279 

abounded, that much defired more, And fome of the old tenants mufh bee thruft out 
of their beft leafes, made by kinge Henry the 8*? and king Edward the fixth, before 
their covetoufnes could creepe in, under colour and pretext That their eftates for 
years or lives were in lawe determined with the Crowns remainder by yt death of 
Edward the fixth without iffue male, as hath been faid : Six of thofe tenants (where- 
of fower had the Sirnames of Trotmans) | fpying the net, Joyntly fly by their petition 732 
to the feete of that mercifull lady Queen Mary ; whereupon fhee addreffeth her ^''?/'?* '. '3' ^*'^ 
tre to the lord Henry, fubfcribed with her own hand, telling him that fliee marvailed Berkeley Caftle. 
that hee would foe flenderly waigh the validity of her fathers and brothers leafes, 
confidering that hee foe lately enjoyed the inheritance of the faid lands by her 
liberality and favour, And therefore fhee being moved in confcience with the piteous 
complaint of the faid poore men, required him to permit them quietly to enjoy their 
faid lands according to the grants of her father and brother. And to doe fuch A(5ls 
for their further affurance, at their charges, as they fhould require, which would bee 
to her very acceptable and give the poore men caufe to pray for him. Thus the 
Queene. 

Cl)C fruite was, noe more quarrells were picked againft their leafes, but this 
noble lord, (that out of himfelf never meant them damage,) permitted them to bee 
at quiett. 

25cfOte I enter upon the two unthrifty titles of this lords law fuites and of the 
fales of his land, I will deliver him to his pofterity in the other adlions of his life, 
from the firfl of Queen Mary forwards, (then in the nineteenth yeare of his age,) 
That the caufes of the faid unthrifty titles which next fhall follow may more 
groundly bee conceived. 

<2EtltDarti the fixth being dead in July : Anno . 1553 . and Queene Mary fetled 
in the Crowne, her marriage was concluded upon with Phillip prince of Spaine, 
during which time this lords mother was bufied in regaining her fons forefaid 
Barony and poffeffions ; And Sir Thomas Wiat and his Kentifh complices in raifing 
Armes againft that forraigne marriage, and the entry of ftrangers into the land : 
Brett and others of the Queenes captains and Subje6ls then alfo falling unto Wiat 
from their own faith and her Allegeance, the Queene, diffident of many of her 
nobi[li]ty, refolved amongft others, (partly out of the correfpondance of this lords 
mother with her felf in religion, and partly out of the bounty fliee then had and was 
in powring upon her fon then but nineteen years of age,) to truft him more then 

many 



28o €!jc %i'iit0 of ttft 25crftdepjtf 1534 

many others more aged and experienced ; Whereupon fhee fends her tres to him 

733 togeather with her Commiffion, in January in the firft yeare of her raigne, | (hee 
then at Yate in Gloucefterfhire,) forthwith to Arme 500 of his truftieft tenants and 
fervants, and with all poffible diligence to attend her perfon then at Whitehall. 
i^i^ lord, to his great charges, readely prepareth armeth and apparelleth that 
number, All of them drawn out of the parts about Yate and Berkeley ; for help 
whereto hee obtained a lone of money from his tenants from fourty fhillings to 
Twenty pound a peece, and gave bills of repayment, in like refemblance as kings 
by their privy feales borrow of their fubjedls ; And for further fupply pawned his 
mothers and Anceftors plate, (much of which was never after redeemed,) And hav- 
ing conduced thofe five hundred men about half the way towards London, (with 
many of whom I fmce have talked,) the Queens Lres met this lord upon his way in 
the beginning of the next month, fignifying That Wiat was taken and prifoner in the 
Tower, and his complices difperfed, willing them to returne into his Country and 
with his utmoft care and induftry to keep the fame in quiett; Two hundred or more 
of which Armors yet remaine in Berkeley Caftle, rather as memorialls of this in- 
tended fervice then fit for any moderne ufe : Which forwardnes of this lord in his 
Princes fervice in a time foe wavering and unfetled, and in his minority, when fhee 
knew not well whom to command or where to truft, Queen Mary the next yeare 
both remembred and commended in the warrant fhee figned for this lords fpeciall 
livery of the reverted lands ; makeing it a leading motive why fhee granted to him 

Priv • figill 8 livery of thofe lands with their rents and profits from the death of her brother, two 

Sept: I. et 2. PK. years and more before hee came to full age. 
et. Mar. ' 

in caftro de Sfinll alfo the faid Queene fent other tres to this lord, fignifying That where 

er e ey. ^^^ ^^^ ^^ fundry wayes enformed That Thomas Wiat and fome others had of late 
by fpreading abroad mofl falfe and vain rumors, procured to ftirre her fubjedls of 
her County of Kent to arife againft her crown and dignity royall. Albeit fhee 
hath already taken fuch order as fhee doubted not fhall bee fufificient to repreffe and 
overthrow the unnaturall confpiracy, yet hath fhee nevertheleffe thought good to 
require and charge him forthwith upon the fight hereof, to put himfelf in full order 
with as many of his fervants frends and tenants as hee can make, both on horfeback 
and on foote, to bee in a readines to march and fet forward upon one houres warn- 
ing, either againfl the faid rebells, or fuch other waies as fhall bee fignifyed unto 

734 him from her ; And in the meane time, to have good regard to the quiet | order of 
the parts where hee dwells, caufing all fuch idle and lewd perfons as fhall either by 
fpreading abroad of untrue rumors, or by any other ways, attempt to flirre or dif- 

quiet 



i6i3 



Hife of i^ntrp tfjc f ir^t 



281 



quiet her loving Subjefls, to bee apprehended and punifhed as the quality of their 
offences fhall deferve ; given at her Manor of S? James the 26'^ day of January in 
the firft of her raigne, Mary the Queen, with her own hand. 

I^Ot longc after, (like a young lord left to much to the overfight of his own 
education,) hee came to London, fetled at Tower hill, frequented the Court, and 
fpent all his time at tenys, bowles, cards, dice, and in the company of his huntfmen 
and faulkeners, delights that drew on greater totalis in his Accompts at the years 
end then his revenue would fupport, efpetially two Joyntures of his fathers and 
grandfathers widows draining a third part thereout. 

3in ffebruary in the fecond and third of Phillip and Mary, this lord fueth livery 
for all thofe manors and lands which difcended to him after the death of his father, 
which, with their values are particularly mentioned in the end of his life : which noe 
fooner finifhed, but the lady Anne his mother bringeth againfl this lord her fon her 
writt of Dower, wherein fhee was foe quick that fhee over ran her fuite in time : 
but being an error betweene mother and fon, and hee looking after nothing but his 
fports, and all his fervants at her devotion, hee fealed what by her or them was 
tendered ; And foe befides her Joynture made by her hufband upon marriage,- fhee 
now in lieu of Dower from this lord her fon, had the manors of Coldeverton, 
Mountforrell, and Gofcote hundred in the county of Leicefter, And the thirds of 
his manors of Sages, Tetbury, Daglingworth, and fframpton upon Seaverne in the 
county of Gloucefter, And of Manyngford Bruce in the County of Wilts, And of 
Afpele in the County of War?, And of Hovingham in the County of Yorke, And 
his lands in Calais ; Which later this lord her fon obtained after to rent of her at 
one hundred pounds p' Ann, for fourty yeares if fhee lived foe longe ; for true 
payment whereof hee gave her a flatute of two thoufand pounds ; for it is to bee 
underflood. That till the Statute made in the 2"]^ of king Henry the 8* of tranf- 
ferring ufes into poffeffion. That Joynter might bee had, and Dower alfo, of lands 
foe transferred to poffeffion ; And thus with releafes of adlions one to another, the 
mother and her fon parted their poffeffions. | 

%t this time, in the middle of Queen Maries raigne, what through this lords 
living with his mother at Kentifh Town and Shoolane in London, and his daily 
hunting in Grays Inne feilds and in all thofe parts towards Iflington and Heygate 
with his hounds, whereof hee had many and thofe excellent good, And what 
through the company of many gentlemen of the Innes of Court, and others of 
lower condition that daily accompanied him. And what through the fame amongft 

thofe 

2 O VOL. II 



Indent dated: 10: 
et. 22. ffebruarij 
Orig: 2: ps: 2.61.3. 
Pli : et ; Mar. in 
fc^'cio. 



Carta : 5. Nov. 2. 
et. 3. Ph:et:Mar 
Carta. 3. Marcij : 
4. et, 5. PR. et : 
Mar. 

Comp : 29. H. 8. 
in caflro de 
Berkeley. 



Stat: 27. H. 8. CIO. 

Coke. 4:rep:fol. i. 

Coke pla : fol : 171. 

172. 

Dier fol : 61. 97. 

228. 248. 266.717. 

340- 

cartae in caflro de 

Berkeley. 

735 



.>82 



Cl^e %i\je0 of rtjc 25arfericp3tf 



1534 



Plow : Coin, fol : 
aa3. 



Check roll in 
Berkley Caftle. 



thofe ftudents of his cafes of Reverter of his Barony and lands, and of the cafe 
touching Wefton Baldocke, (reported by M'. Plowden in his comentaryes,) and of 
others partly before mentioned, that termly walked all this Queens raigne up and 
down Weflminfter hall, and were points for every reporter and ftudents note bookes 
in thofe Innes of Court ; And what through his marriage in one of the greateft 
families then of favor and obfervation, And of his one hundred and fifty fervants 
in livery, that daily then attended him in their Tawny coates. And the opinion of 
his mothers vertue and chaftity, then the only Sollicitor of her fex in her own per- 
fon, in her own and fons caufes, hee was of as great note and hope as any of his 
age and of that time ; But how longe that heigth of opinion held, and how by 
degrees it wayned, the reft of his life will tell his pofterity. 



Mich : 5. eL 6. 

Pis. et. Mar : in 

banco. 

Plowd. Coin. fol. 

223. 



Stat: 12. £. I. 



Liber : comp : 

caus : jurid : in 

caflro de Berkeley. 



^tnll in this time alfo began that great fuite in the Comon pleas, in an Ejedlione 
firma; concerning the manor of Wefton iuxta Baldock in the County of Hartford, 
between Henry Willon ptt tenant for years under Sf Henry Cocke, And this lord 
Henry defen! ; which continued from this time in argument and agitation at barre 
and Bench, through the power and means of the ptts leffor, and the intricacy and 
confequence of it felf, untill the fifth year of Queen Elizabeth, when this lord had 
Judgment and recovered ; wherein the principall point was. Whether the king was 
bound by the Statute of donis conditionalibus or not, arifing upon the entaile of 
this manor created in the 5* year of kinge Henry the 7'^, by the Marques Berkeley 
to the heires males of the body of that king with the remainder to the right heires 
of the Marques, as in his life I have already mentioned ; And upon the Alienation 
of his grandchild king Edward the 6'^ (now dead without iffue male,) in the firft of 
his raigne to Sir Wittm Herbert, after Earle of Pembrooke, and to his heires, who 
fold the fame to Sf Henry Cocke afore faid; Than which the laws have not afforded 
a more learned cafe of that argument : 31litll having out of the houftiold books of 
this lord yet remaining, obferved the lawiers fees of thofe dales, I find That what 
time two or three Sergeants at lawe | and other great counfell were drawn from 
their Chambers to conferences at a tavern in fifleetftreet, whereat this lord and his 
induftrious mother were prefent, there was giyen noe greater fee then ten (hillings 
the peece to any of them. 



}t^l)il$?t the former fuite depended, brake forth another in the third year of 
Queen Elizabeth, which had been fome former years in Hamering, And was 
grounded upon an old pretence of title pretended by this lord and his Anceftors 
to a place called Barrow Court in Tickingham in the County of Somerfet, with 

other 



i6i3 



Uife of I^oirp tl)c fit0t 



283 



other poffeffions there, fometime the inheritance of Phillip Mead of Briftoll and of 
Richard his fon. father and brother of the lady I fable, wife of the lord Maurice the 
fifth, of whom I have written in his life, againft Roger Kemys of Wickwicke then 
in minority, forty years after receivour to this lord Henry ; Infomuch as William 
Coneftable and J one his wife mother of the faid Roger and Executrix to Thomas 
Kemys her former hufband exhibited their bill in Chancery againft the Maior and 
Aldermen of the City of Briftoll, And amongft other paffages fet forth, That two 
cherts of evidence of the faid Thomas Kemys were in the 37'.'' of king Henry the 
8'^ upon her departure from thence into Devonfhf committed to the fafe keeping of 
the Churchwardens of the parifh church of Ratcliffe by Briftoll, from whence, 
fhortly after, upon a tre written by Marques Pawlet after lord treafuror and then 
Mafter of the wards, to the Maior of Briftoll, the faid chefts were thence removed 
into the Town hall of the faid Citie, and fealed, with three locks ; And was foe done 
upon a pretence of Title That Anne lady Berkeley in behalf of this lord her fon, 
then the kings ward, made to the faid lands ; Anfwere was made to that bill. And 
the caufe coming to hearing. And the chefts by this lords means, (who put himfelf 
as a party into this fuite,) brought by order into the Chappie of the Rolls, and 
opened, and perufed by Cordell then Mafter of the Rolls in prefence of Counfell on 
both fides. This lord Henry was found to have noe title to the faid lands, but was 
barred by matter of record found in the faid chefts ; Whereupon by order of Court 
the chefts and Evidences were delivered to the Complainants. A title, had it fo 
been known, that was fetled longe before in the 21'.'' of king Henry the 8'^ by ffit3 
James and Porter Juftices of the Comon pleas upon a reference to them by Thomas 
the fifth then lord Berkeley and Arthur Kemys father of the faid Thomas Kemys ; 
And this fuite was originally | rayfed through a certificate made by the Maior of 
Briftoll under the common feale of that City, declaring that the fifth of Otlober 
in the fifth of Edward "the fixth Thomas Pacy Alderman and juftice of the peace, 
and William Appowell, marchant, depofed, that they heard fay. That certaine lands 
difcended from one Phillip Mead fometime Maior of that Citie, lying in the faid 
Citie and Suborbs, which ought and ftiould appertaine to the honorable lord 
Berkeley and his heires. And that they know that one Arthur Kemys deceafed held 
all the faid lands ; And the lord Berkeley and Kemys were in contention for the 
fame, which variance was referred to ffit3 James cheife Juftice, who awarded the 
poffeffion to Kemys for his life. And after to the faid lord and his heirs : But 
queftionles, this was a lying certificate in the materiall point, gotten by the faid lady 
Anne and made partially in her favour, as the originall award under thofe Judges 
hands which I have read plainly declareth, convincinge it of groffe falOiood, 

202 



Bill in Cancett 
3. Eliz : 



» 



Order : 3. Eliz ; 



Order : 19. Junij 
3. Eliz. 



Carta cum Arthur 
Kemys filio Rogeri 

737 . 

de Wickwick in 
coin Glouc. 



Award with Arthur 
Kemys of Wick- 
wicke. 



284 



Cf|c Hibfjef of rtje 25n:hclepjtf 



1534 



Comp : Walter 

Shipw : fenli : 

hofpicij 2 Mar. in 

cadro de Berkeley. 



Comp: Hofpicij. i. 

Eliz. in Caflro de 

Berkeley. 



738 



3[n September in the fecond of Queen Mary this lord maryed the lady 
Katharine Howard, at the Duke her grandfathers houfe in Norfolke, (of the life, 
death, and funeral! of which lady Katharine I have much to write,) whom fhortly after 
hee brought to his houfe at Tower Hill ; from whence going by water to Green- 
wich, (where Queen Mary and her hufband king Phillip kept their firft Chriftmas,) 
to the Mafque on Twelvth day, thefe chargeable ornaments were provided, as the 
Stewards booke of houfhold hath them ; viz! ; Paid for 2 pair of fine hofen for my 
lady to weare on twelvth day — 4? S**. for a Velvet hatt for my lord — 3? for a fine 
boungrace and a mufler for my lady the fame day — 8? ffor two fine fmocks — 3'. 9? 
3llnll more, (the fame yeare,) for two paire of hofen for my lady — 4! 5Ilntl being 
now accidentally entred into this lord and ladies Wardrobe, Take their apparell five 
years after made againft the Coronation of Queen Elizabeth ; viz' for one Dublet 
of crimfon fatten laid with filver lace, with filver buttons, lined with crimfon farcenet, 
And his breeches of crimfon velvet lined with crimfon fatten ; One other dublet of 
white fatten, and breeches of white Velvet lined w* white fatten, laid with filver 
lace ; His points of black, white, and red ribbond ; his hatt of crimfon filk and 
filver, And another hatt of velvet fet with aglets, with a white feather, (fome of 
which aglets I after faw with this lord ;) The fcabbards of his two rapiers and 
daggers were the one of white velvet, the other of crimfon ; His guilt fpurrs with 
velvet leathers of the fame colours. And his fhoes of crimfon and white velvet : As 
for the aparell of his wife, I obferved only, (out of the faid Accompt,) That her | 
petticote was of crimfon fatten, And her gowne of cloth of gold, and her fhoes of 
crimfon velvet. 



Comp : hofpicij 3tntl two years after, hee furnifhed himfelf with a white fpanifh leather Jerkin 

3. Eliz: in cailro i^id with white filver bone lace, (foe are the words,) with filver buttons, and white 
de Berkeley. , n • 

leather bulkms. 

SUnll thus up and down all the time of Queen Mary removed this lord and his 

wife, with feldom leffe (often more) then one hundred and fifty fervants in livery, 

between Yate, Mangottesfeild, London, Callowdon, and other places ; And ufed to 

hauke as hee travelled thofe waies, making his removes from thofe places to London 

. eight days at leaft, and as many back againe. 



Comp. hofpicij in 
eifdem annis in 



l^ntjing in his firft fower years after his marriage much over ranne his purfe, 
caftrode Berkeley ^^^ '" ^^^ '^^ °^ Queen Mary and fomewhat before fojourned w'^ the Counteffe of 
Surrey his wifes mother at Ryfinge in Norfolk, himfelf and his lady at ten fhillings 

the 



i6r3 Uife of J^cnrp tl^e frt^t a85 

the weeke, her gentlewomen at 4' — And their gentlemen and yeomen at 3! the 
weeke ; from whence they came to London the 5* of January, And thence returned 
againe the ninth of ffebruary by Ware, Barkeway, Newmarket, Soffam, and foe to 
Ryfinge, whither when hee had brought his wife, hee in fewe days after returned 
to London ; And living with his mother at her faid houfe in Shoe lane, fpent moft 
of his time at cards, dice, tenys. Bowling-ally, and hawking and hunting neere that 
Citie. 

5In July in the faid firft of Queen Elizabeth hee returned to Ryfinge, And 
from thence with his wife and family by the waies of Newmarket, Cambridge and 
Northhampton, came to Callowdon by Coventry : where the firft worke done was 
the fending for his buckhounds to Yate in Gloucefterfhire : His hounds being come 
Away goes hee and his wife a progres of buck hunting to the parks of Barkewell, 
Groby, Bradgate, Leicefler forreft, Toley, and others on that fide his houfe : And 
after a fmall repofe. Then to the parks of Kenilworth, Afhby, Wedgenocke, and 
others, on the other fide his houfe : And this was the courfe of this lord (more or 
leffe) for the thirty next fomers at leafl : not omitting his own at Callowdon and in 
the county of Gloucefler. 3Cnb his wife being of like honnor and youth, from this 
firft of Queene Elizabeth to the beheadding of her brother the Duke of Norfolk 
thirteen years after, gave her felf to like delights as the Country ufually affordeth ; 
wherein fhee often went with her hufband part of thofe hunting Journeys, delight- 
ing her crofbowe : kept commonly a caft or two of merlins, which fometimes fhe 
mewed in her own chamber ; | which falconry coft her hufband each yeare one or 739 
two gownes and kirtles fpoiled by their mutings : ufed her longe bowe. And was in 
thofe daies amongft her fervants foe good an Archer at butts, as her fide by her 
was not the weaker : whofe bowes, arrowes, glove, bracer, fcarfe, and other lady- 
like accomodations, I have feen, and heard alfo her felf fpeak of them in her elder 
yeares ; which partly by the death of that noble Prince her brother, and partly by 
the troubles that then invaded her hufbands eftate, were broken of, and much dif- 
continued. 

%nb thus lived this lord and his wife betweene London, the Dukes houfes in 
Norfolke, Callowdon, and Berkeley, never longe at one place, the firft thirteene 
yeares of Queene Elizabeth : 3n which their travells, (if both togeather,) they were 
feldom or never attended with fewer then one hundred and fifty fervants in their 
tawny cloth coats in fummer, with the badge of the white Lyon rampant imbroi- See fol. 8. 
dered on the left fleeve ; And in coats of white frize lined with crimfen taffety in 

the 



286 



€l)e %iM(0 of t!je 23crhrlfpitf 



1534 



div'fi compi: Rec 
et at offic : in 
caflro de Berkeley. 



the winter, This lord allowing only cloth, buttons, and badge ; amongft whom many 
were gentlemen and Efqiiiers of remarkeable families and difcent, and of alliance 
to this houfe ; Many of whom I lived to fee and know and to talke of thefe times : 
And have with fome of them then in neareft relation and place of his revenue, 
expoftulated why they would fuffer their young lord and lady his wife to runne 
yearly 1 500''.- at leaft into expence above their utmoft incombe, each year, (or fecond 
at leaft,) fhortning the fame by fale of a Manor, having noe fuites in lawe, nor 
daughters then marryed away, forraigne embaffies, domeftike fervices in Court or 
Country, nor any other extraordinary caufes of expence in the world ; And not 
either as kinfmen out of affection, or as fervants out of Duty, to advertize them 
thereof; And to pray them to think on the end in this their beginning and middle. 
Whereto Jeffry Ithell, (that lords Auditor from the firft yeare of Queen Elizabeth 
till after the fortieth,) once gave mee this infteed of anfwere ; My prayer (hall bee 
that you fee not his fon Sir Thomas (now your young mafter) doe the like, or worfe 
hereafter in a' worfe manner then houfkeeping, and to bee attended with many 
followers; And (all they now dead) I reply, (after twenty fix years filence,) and 
pray. That his fon the now lord George may not after his full age tread in thefe 
unprofitable ftepps of his father and grandfather : What S' Thomas did, thefe rela- 
tions will declare : What his fon the lord George will doe, I hope himfelf (Julius | 
740 Csefar like,) by his own comentaries of his own life, will tell that male pofterity of 
his, which I pray the God of heaven fhortly to blefs him withall ; %. true way to 
attaine the knowledge of himfelf, and to difcerne the honor or errors of his own 
actions ; But moft fure it is, That in the time of Queen Mary when this lord Henry 
entred upon his lands difcended to him from his father, and alfo upon his Barony of 
Berkeley and thofe manors which reverted to him after the death of king Edward 
the fixth, as before hath been faid. That hee had many flatterers and ficophants, as 
well of his own family as out of London, Captaines, Schollers, Poetts, caft courtiers, 
and the like. That for their private ends humored him and his wife, making them 
to conceive that their eftate and yearly revenue was greater then that they could 
exceed it ; which would afford an expence at pleafure. And to give without fear 
of want ; whereto they liftening with too open an eare, for facile credimus quod 
volumus. It came to pafs that within two or three years they were unknowingly 
caft into a great debt, ere they came to difcerne their eftate ; And to take off the 
fame, (after borrowing upon mortgages, Statutes, and pawnes,) this lord began to 
fell his land ; A courfe hee overlonge after continued in, as that title too manifeftly 
declares, expending one year with another all that time of Queen Mary and divers 
years after 1500".- p anil at leaft, sis by the medium, (which I with fome hours 

expence 



i6i3 



Hife of l^cnrp rtjc f irjeft 



287 



expence drew out of his officers accompts of thofe times,) appeares, above his 
ordinary revenue, and the fines and other cafualties that his eftate prefented : Cfje 
obfervation whereof I held the more remarkable through the knowledge I after 
tooke of his principall Officers which in thofe times managed his eftate and affaires, 
as Thomas Duport, a wife man, Hugh Denis, Martin Petit, Walter Shipward, 
Thomas Denis, Thomas ffranfham, Robert Cox, William Shillitoe, Anthony Corbet, 
Edward Bucknam, fferdinando Ligon, Henry Ligon, Richard Bedale, Thomas 
Jevais and Jeffi-y Ithell his Auditor; fix of them his kinfmen, as in the proper 
places of their difcents appears. 

5*11 the fecond of Queen Elizabeth began this lord to prefent her Ma".^ with 
ten pound yearly in gold at new years tide, and his wife with five pound ; which 
courfe fhee held during her life. And this lord the reft of the Queens dales : 5ln& 
was never unmindfull of yearly fending, Lamprey pyes, Salmon, Venifon red and 
fallow, and other fmall tokens, to Judges, great officers of State, privy Counfellors 
and Lawyers, whereof hee reaped both honor and profit, an hundred times more 
than the charge. C!)e fame year hee fent the lord keeper for his | new-years guift 
ten old angells, which gave him the mindfullnes of putting him into the Comiffion 
of the peace, wherein afwell in that County of Gloucefter as in two others hee con- 
tinued all the refidue of his life; ffor which imployment, becaufe through his mothers 
fault his education was not fitted, hee brought his fervant Thomas Duport into 
equall authority with him, whereby his own unaptnes was lefs perceived, and the 
buifines of the Country not worfe difcharged. 

©ijS Chriftmas, (as moft part of this fecond year of Queen Elizabeth,) hee kept Coj^P Walteri 
,, . , r,, . , ,. ., , , .n , Shipward mijfdem 

at Yate with great port and folemmty, as the extraordinary guilded dimes, the temp: in cafl.ro de 

vanities of Cookes arts, (having none other guefts but the gentlemen and rurally of Berkeley. 

the Country,) ferved to the table on Twelvth day, well declare ; whereof one was 

a whole bore inclofed in a pale workmanly guilt by a Cooke hired from Briftoll, 

as the Clarke of the Kitchens booke declareth : In perufall whereof, I could not 

obferve how that difh was brought unto the table. 



Comp : Thome 
ffranfham: 2. Eliz: 
in caft. : de Berke- 
ley. 



Anno. 2. Eliz ; 
741 



3ln which yeare having in March extreamly heated himfelf by chafing on foot 
a tame Deere in Yate Parke, with the violence thereof fell into an imoderate bleed- 
ing at the nofe, for the ftay whereof by the ill counfell of fome about him, hee clapt 
his whole face into a bafon of cold water, whereby that flufh and fulnes of his nofe 
which forthwith arofe, could never bee remedied ; though for prefent help hee had 

Phyfitians 



«# 



288 Cl^e %i)it0 of tfje 25nrhdcpjef 1534 

Phyfitians in fewe dales from London, And for better help came thither himfelf not 
longe after to have the advice of the whole colledge, and lodged with his mother 
at her houfe in Shoe-lane. 

5[ am by courfe of ftory and promife now fallen upon the time wherein I (hall 
deliver to this noble family the fecond greateft blow and wound that the poffeffions 
thereof at any time received ; The roote whereof, (watered with the powerfull 
prerogative of the Crown,) thus grew up and bore thefe difaftrous fruits, as now 
followe. • ^■ 

742 i^Jjr fifth of Oftober in the firft of Queen Mary, (her brother king Ed- 1 ward 

the fixth being dead in July before,) began the parliament at Weftmf which con- 
tinued by feverall prorogations till the fixth of December ; In w"'.'' John Dudley 
Duke of Northumberland, John Dudley Earle of Warwicke, Sf Ambrofe Dudley 
knight, (after Earle of Warwicke,) Guilford Dudley Efq' and the lady Jane Gray 
his wife, Henry Dudley Efq', S' Andrew Dudley knight, and fome others, having 
before been convi6led and attainted by courfe of the Comon lawes, And the faid 
Duke (with others) executed the 2 2'^ of Auguft before; their faid convictions and 
attainders were approved and confirmed. And they by this A61 againe convi6led 
and attainted of High Treafon, and adjudged to forfeit all their honors, manors, 
lands, tenements, rights, &e. By reafon whereof that right of entry (not of a6lion) 
which the faid Duke had at the time of his attainder as heire to the lady Margaret 
Countes of Shroefbury eldeft daughter and coheire of Elizabeth daughter and fole 
heire of Thomas lord Berkeley the fourth of that name, to the manors of Wotton, 
(comprehending the burro we of Wotton, and the fower hambletts of Nibley, Sin- 
well, Combe, and Wortley, which make the manor of Wotton fforren,) Simondfall, 
Erlingham, -Sages, the third part of the manors of Came, Hinton, and Slimbridge, 
And to divers lands in Came called Corrietts, And to divers lands in Alkington 
called Holts, difcended and came to Queen Mary ; The pedigree of which Duke in 
the life of the faid Thomas the fourth from the faid Elizabeth that lords daughter 
fol : 480. ^^j heire, is at large already there laid down. 

Pafch : 4. & 5- ^Buccit Mary upon this title againft this lord Henry, (whom to thefe manors 

54. in fc»cio cuni and lands, amongft others, fhee had reftored not fower years before, upon his 

rein regis, remainder for want of Iffue male of the body of king Edward the fixth,) exhibited 

an Information of Intrufion in the Exchequer for intruding thereinto without title. 

This 



i6i3 



%ik of J^cnrp tijc fk0t 



289 



36. 



743 



This lord pleadeth thereto, And foe that fuite flayed, upon what caufe I know not, 

neither could this lord remember, when a fewe years before his death I afked him, 

but thought, upon the death of Queen Mary ; But the fame Terme Twelvemonth 

after, was the like Information put in in the name of Queen Elizabeth upon the Pa: i. Eliz: rot. 

fame title. And fomwhat better couched then the former ; At what time S- Thomas 

Parry then Treforer of the Queens houfliold and one of her privy Counfell, after 

mafter of the Wards, openly fhewed himfelf therein as an abettor of the fuite, as 

hee was in the former : 3[t was the | wifdome of this lord and of Thomas Duport 

his fervant, whom only hee advifed withall, to put nothing to the hazard of a tryall, 

(efpetially fuch a Counfellor- of State in the Queens behalf declaring himfelf an 

adverfary and Sollicitor) And thereupon a nihil dicit was entred, with a falvo jure 

for the Queen, and foe refted ; which to mee would feeme more ftrange, fave that 

S' Thomas Parrys eyes were blinded and his hands bound with a leafe of Simondfall 

farme made the 8'^ of May that fame Terme this information came in, for three 

fcore years from Michaelmas 1578. at the rent of ten pound two (hillings; And Anno. 20. Eliz : 

a fine the next Terme leavyed by this lord for confirmation thereof, by the name figjn. foi : 840. 

of the manor of Symondfall and Wotton underedge ; which I fuppofe liked him 

the better becaufe it adjoyned to his manors of Caldicote Lafborrow and others 

in thofe parts ; Howbeit, it proved little beneficiall unto him, dying within two 

yeares after. 



5pOt difcharge of which alienation by the faid fine, being without licence, A 
pardon was after pleaded ; And the mouth alfo of Richard Hewes an Atturney then 
dwelling in Wotton, and- the title bringer and Sollicitor to Sr Thomas Parry, was Mich; 9. Eliz^irot. 
clofed by Thomas Duport aforefaid with an Annuity of ten pounds p'. Ann for his thes : in fc»cio. 
life ; The death of which Hewes was after in a ditch upon London way by the 
bridge a mile and half on this fide ffairford. , 



CI)U$S flept this title, (what ever it was,) in the Crown, quietly without awaking, Leices^^ comon 
till Thomas Duke of Norfolke, (whofe fifter Katharine was wife to this lord,) was printed : 1584. 
at the kings bench barre condemned for Treafon. the I6'^ of January in the 14'.'' of 
Queen Elizabeth ; whofe fall, whether furthered by the policy of that prudent 
Statefman Robert Dudley Earle of Leicefter fon of the faid Duke of Northumber- 
land, (as fome have written,) or not, I have not to determine ; But when that great 
and affeftionate friend and brother in law of this lords was foe caft down, (and his 
head taken off the fecond of June after,) forthwith came in the next Terme an Hillar: 14. Elir : 
Information of Intrufion into the Exchequer againft this lord, (longe before plotted 

and 

2 P VOL. II 



ago Cljc %i\}c^ of t!)f 25crftricpiet 1534 

and prepared,) for intruding into the faid Manors of Wotton and Symondfall and 
for taking the profits thereof fince the firii of her raigne ; wherein after pleading 
and iflue Joyned, a tryall was by jury at the Exchequer barre, whereat the Earle of 
Leicefter was prefent in perfon as the promoter and follower of that fuite, who now 
like a ftorme amongft weakened waves wrought high, and all to bee rufled this 
744 family into a fome of fury, bringing with [ him divers other Courtiers of eminency 
to countenance the caufe : Hee at this time having a private promife in writing 
under the Queens hand and fignet to have thjs land, which I after met withall and 
is now in Berkeley caftle. The verdidl paffed againfl this lord ; (hereafter I fhall 
fhew how and by what means,) Judgement was given againfl him in Efter Terme 
in the I5'^ of Elizabeth, And the iS'l" of May removed out of the poffeffion ; But, 
veniet iterum, qui te in lucem reponet, dies ; 

Time againe will bringe the day 
Of thy returne, to ftay for ay. 

Cf)C third of June following were thefe manors extended and valued by the 
Sherriffe at — 251" 3? 4''. ob. old rent per Ann ; And the firft of July following was 
a perfe6l furvey made of thefe Manors by Comiffion out of the faid Court, by S' 
Giles Poole and others, whereby alfo this lord was found to have unjuflly received 
of the rents, fines, heryotts, woodfales, and other profits, 5024'.' 1 2! 8*?, Each tenant 
and occupier of any part feeing fworne to deliver his knowledge, for anfwering 
Anno: 15. KHz: whereof this lord ftood charged: CljC 7'!* of the faid July by vertue of another 
Commiffion diredled to the faid S^ Giles Poole and others, the Queens title to thefe 
manors was found in this county by Jury at large, with all the mean conveyances, 
As Atfeilds old deed of entaile, The fine to the heires males in the 23'!" of king 
Edward the third, The particon amongft the three lady-co-heires in the fixth of 
king Edward the fourth, the attainder of the faid duke of Northumberland in the 
firft of Queen Mary, And by her death difcent and right of thefe manors to Queen 
Elizabeth. 

CilijeS buifines thus prudently prepared, the Queen the 25* of the fame July 
granted thefe manors of Wotton and Symondfall to the two fons of the faid Duke, 
Ambrofe then Earle of Warrwicke, and the f! Robert then Earle of Leicefter, 
and their heires. Which Earle of Leic^ fhortly after, with an extraordinary num- 
ber of Attendants, and multitudes of country people that reforted to him, (whom 
my neighbors parrallell to Bartholomew faire in London,) came to Wotton, And 
thence to Michael wood lodge, cafting down part of the pales which like a little 

parke 



i6i3 



%itt of l^cnrp tlje fim 



291 



parke then enclofed that. lodge, (for the gates were too narrow to let in his traine,) 
and. thence we^'t to Wotton hill, where hee played a match at Stoball ; And a fewe 
days after this popular entry, having flayed at Wotton, departed from this ill gotten 
pur- 1 chafe ; And to tye cup and cover togeather, though fomewhat out of time, 
both the faid Earles of Warwicke and Leicefter in the fecond year after the later 
recovery had againfl this lord Henry and Queen Elizabeths grant to them thereof 
made, came the fecond time to Wotton and to thofe new gotten poffeffions with a 
greater troup of Attendants then before ; what time the faid Earle of Leicefter, 
the more to grace S' Thomas Throgmerton, made him his daily coach companion ; 
And amongft; other vifits they came to Rolls Court in Slimbridge, to remove that 
poffeffion, which Arnold Ligon Ef%, fon of Henry Ligon oft before mentioned, a 
flout gentleman, there maintained againfl them, in right of his leafe for life, which 
hee held under this lord Henry ; which at that time. they did not. But to returne. 



745 



%\\ the year after this lord and his wife kept London and the Court, as 
petitioners for pardon of foe much of the forefaid meane rates and arrerages as 
were then unlevyed by Sheriffes, who had by proces out of the Exchequer fhortly 
after the faid recovery, extended all the lands of this lord in what County foever ; 
So that (upon the matter) all his means for maintenance of his eflate and calling 
was taken from him ; 3lln6 at lafl for 5O0'! paid into the receipt, obtained from the 
Queen a pardon for the fame, dated the 2 3'h of June in the I6'^ of Eliz : And, as 
I have heard this lord himfelf report, this Court fuite coft him in the meanes hee 
ufed — 1800''. in ten weekes : ^fn °"^ paffage about which pardon, his Lordfhip 
added to mee. That what time his wife was upon her knees before the Queen 
delivering a petition touching thefe arrerages, Her Ma'i" replyed, Noe noe, my lady 
Berkeley, wee know you will never love us for the death of your brother ; meaning 
the Duke of Norfolke, beheaded about two yeares before. 



Sexta ps. Patent. 
23. Junij. 16. Eliz: 
fub figillo. 



5lntl for defraying of this their exceffive expence and payment to the Queen, 
they. were enforced, (amongft other caufes,) to morgage to Thomas Markam Efq^ 
the manor of Alkington, extending welnigh to the walls of Berkeley Caftle ; which indenture dated 
being by deed inrolled and without licence, and holden by knights fervice in Capite, '7; Odtob': 16. 
this lord Henry was 28 years after in the 44'!" yeare of Queen Elizabeth, driven to Pardon : 44. Eliz. 
his pardon, which coft 30''.- in the Alienation office, befides other charges ; And alfo 
by pleading the fame after in the Exchequer in the office of the Treaforers remem- 
brancer ; And what other fales this lord now made, the lift thereof hereafter 
mentioned will declare. fol : 817 



%m 



2 p 2 



392 



€fjc Hibcjef of tftc 25crltfIciijBt 



1534 



Carta in caftro de 

Berkeley dat 85. 

Nov : 3. Eliz. 

746 



31Inb fo deeply were his two principall officers Thomas Duport and Thomas 
Franfham, (befides others,) engaged for his Debts, That in the third of | Queen 
Elizabeth they had from this lord for their indemnity a leafe of the Manors of 
Bofliam, ffuntington, Thorney, Tetbury, Sages, fframpton, Daglingworth, Maning- 
ford Bruce, Auconbury, Weflon, ffenyftanton, and Hilton, for one and twenty yeares, 
with power to receive the rents of thofe manors, and pay the debts they were 
ingaged in for this lord ; Which as they are fcheduled then were above — 2000'! 



Anno. I a. Eliz : 
1570- 



747 



3f am now, for ought I know to the contrary, almoft left alone alive, that can 
teftify the truth of this digreffion, (if a reall circumftance may foe bee called,) which, 
together with my love to truth, fhall bee my motive to leave the fame to the know- 
ledge of this noble family ; As namely, how one of the preparations or praftices 
of the faid Earle of Leicr, before the beginning of this fuite, was his outward 
demonftration of great affedtion to this lord Henry, inviting him to his Caftle of 
Killingworth, fix miles from Callowdon, lodging him as a brother and fellowe 
huntfman with him in his own bedchamber, with femblance of great familiarity ; 
gave him liberty without ' reftraint over his Deere in his Parks and chace there; 
fairly relating unto him how it was his greatefl honor, (as in deed it was,) to bee 
difcended from his ancient houfe ; defiring that the fame by fome good herald might 
by his means bee warranted unto him, with their matches, out of his evidence ; 

To a fweet note the fowlers pipe is fet 
When hee the' bird betrays into the nett. 
This motion was affented to by this well meaning lord ; One Harvey an herald, not 
longe after, was by the Earles tre commended for y": fervice and fent to Callowdon, 
where after a fmall paines in perufall of thofe few evidences that then there re- 
mained, And fome notes taken importing no other end but difcents, Hee was thence 
with tres of Coiniffion fent (as hee defired) to Berkeley Caflle, where the maine 
body remained of thofe Berkeley evidence, having about him pfidious inftru6lions 
to draw away from this lords evidence houfe fome Deeds and exemplifications of 
records, (whereof the originalls was either loft, or taken from the files,) which the 
herald performed ; And being fomewhat in drinke, through the kind entertainment 
hee received at Berkeley Caftle, in the houfe of one Thomas Bolton, then an In- 
holder (and an old brewer to this lord,) faid unto him upon occation of fpeech, (as 
Bolton twice told mee and oftner others,) That this Journey by reafon of what hee 
had I found and had would bee his making for ever ; which words I received from 
Thomas Boulton to whom Harvey fpake them, upon occation of Boltons queftion, 
when hee would end his fearch. ffalfe friends are the greateft enemies, worft when 

they 



i6i3 



!life of i^cnrp tl^c fim 



293 



they feem beft, and moft dangerous when they fpeake faireft ; Ovid faid truly ; Ovidius 

Tuta frequenfque via eft, fub amici fallere nomen, 
Tuta frequenfque Hcet, fit via, crimen habet. 

It IS a fafe and comon way, by freindfhip to deceive, 

But fafe and comon though it bee, its knavery by yo' leave. 

And I my felf doe here avow. That about twenty fix years now paft my felf dif- 

courfing of thefe and the Hke words with M': John Savage, hee told mee That this 

herald in his way from Callowdon towards Berkeley came to his houfe to Sainbury, 

(two miles from Camden, w'^ the lord Berkeleys tre of comendacon for his firft This was in anno 

nights lodging on the way, (aS my felf have often done,) where, having liberally 

fupped, hee opened his portmanteau, and turning over a long roll of Armes to fhew 

him the coate borne by the name of Savage, hee obferved the coate of Berkeley, 

well known to him; And how that a note of paper was pinned over the fame, which 

M' Savage fufpedling, (yet hee knew not what nor wherefore,) tooke a copy of the 

fame out of the roll, whilft Harvey the herald flept in bed, (left by forgetfullnes in 

his parlor below ;) And when hee could make noe conftrudtion thereof hee caft it 

into a cubbord in the fame roome, amongft a heape of old cancelled bonds ters and 

the like trafh ; which note after fome fearch I found, and thereby vifibly difcovered 

the treafon ; Quicquid fub terra eft in apricum proferet aetas, 

Time will reveale each fecret, fublunary thing ; 

Noe hidden thinge there is, but time to light will bring. 



3flnb doubtles, one of the evidences then taken away was an exemplification 
under the great feale, of the office found in the firft of king Edward the third in 
the county of Glouc, after the death of the lord Maurice the third, the originall 
•whereof was not longe before filched from the file in the Tower ; And one other This note is in 
concerning Erlingham, as the faid note imported. 5inll let mee by a fliort digreffion 
in this place ingenioufly profeffe to this noble family, that by the happines of my 
poore endeavors, more then 500 peices of evidence have been returned into their 
Evidence houfe from many corners, but whether foe fcattered by falfhood or 
forgetfullnes, | or by what other accidents, I may not determine ; But fure I am, 748 
that many of thofe peeces have been out of their poffeffion fince the death of 
Queen Mary : which is not here otherwife remembred, then to pray this noble 
family to bee carefull to whom they committ the keyes of their Evidence houfe ; 
For fuch as S? Luke mentions the unjuft fteward to bee will in great families bee Luke. 16. v. i. 
found in all ages, that will ferve themfelves and theire own ends. 

aetcr 



294 ^1^ %i\it^ of ttje 23erhdepj9C 1534 

3Cftet the faid Informacon was put into the Court, and the iffue in joyning, 
The Earle of Leicefter fen t for hi§ inward freind Edmond lord Chandois, (efteemed 
in thofe daies as king of Cotfwold,) And at Langly agreed of fixteen fpeciall free- 
holders names, to bee with others returned of the Jury for tryall of that caufe ; what 
S' N. P. time they had alfo the help of another knight fmce deceafed, whb gave the names 
[NichoUs Poyntz] ^f ^^^ other eight, whofe name I forbear for his grandchilds fake, noe malevolent 
kinfman to this family; which twenty fouf. foe corruptly packed, tryed the iffue 
againft this lord : And this was told mee in the hearing of M' Edward Green viccir 
of Berkeley, (who is yet living,) in Berkeley Caflle the 25'? of September. 1603. 
by MT Charles Hyet, which (as hee faid) hee knew of his own knowledge to bee 
true ; what time hee was very neare the lord Chandois in attendance ; who then 
afiErmed further. That M'. James Bramidge his familiar freind and neighbour after 
told him That hee was prefent as a fpeciall ferv' by the death bed of the lord 
Chandois, (who dyed the 17'!" of March in the 16* of Elizabeth,) when hee heard 
him in that ficknes fay. That nothing greived him more at that time Then what hee 
did about the Jury for the Earles of Warrwick and Leicefter againft the lord 
Berkeley. 

31lnl) further, on Munday the 18'!" of September .in the firft of king James, as 
William Chefter of Almondfbury Efqf, my felf, and M' Edward Trotman walked 
togeather in Eaftwood parke, (fower miles from Berkeley,) after dinner, whither 
M' Trotman (then there dwelling and now living at Came,) had purpofely at my 
requeft invited M' Chefter and my felf, M' Chefter then told mee, (as a token .of 
the love and friendfhip then by Mr Trotmans means purpofely fetled between us,) 
that hee being a page to the Earie of Leicefters chamber, obferved the herald 
Harvies repaire unto him with Evidence from Berkeley ; And that the Earles 
words to him, (which hee then heard,) were, That thefe titles had ever fucceeded 
749 between | their houfes, according to the kings favour in their times. And hee then 
further told mee. That M": Henry Goodyeare, (after knight,) a gentleman in great 
truft with the lord Berkeley, held in this caufe fecret intelligence with the faid Earle 
of Leicefter, and brought him fome evidence alfo about the beginning of this fuite, 
as hee then obferved alfo, waiting the more near to Leicefter becaufe hee \yas allied 
to him ; Words heard by M' Trotman as well as my felf : I hate the tooth that bites 
the dead : But this gentleman, whom . 34 . years paft I remember to haVe feen, and 
fome of whofe ires (admirably penned) written to this lord I have read, had his 
eare and his heart as much in thofe times as any man that lived ; And was often 
prefent at this lords requeft at divers meetings and conferrences of his Counfell, as 

the 



i6i3 tlifc of J^ntrp rtjc fir^t 295 

the faid lord hath fince told mee ; To whom I once related what M' Chefter had 
faid to mee : But being againe to write of the like packing ftuffe in another tryall 
and recovery, I will now returne from this digreffion. 

3llftcc the Survey of thefe manors of the firft of July in the I5'^ of Elizabeth 
was returned into the Exchequer, It appeared, (amongft other things,) to bee 
prefented by that Jury under the title of woods. That the Queens Ma'!' was feized 
of a wood called Michael wood chace, which extendeth from the Towns of Nibley 
and Huntingford unto the redford, and foe going all alonge the faid river or place 
where the water commonly runneth called redford, unto the woods end, unto Robert 
Jobbins houfe of the woods end ; Wherein the Maior and Burgeffes of the Town 
of Wotton and the Inhabitants of Huntingford and Nibley doe cornon with their 
Cattle ; And wherein the Inhabitants of Alklngton, Woodford, and Wyke, have 
entercommon becaufe of vicinage. That is to fay, in refpedl of the CoiSon that the 
Maior and Burgeffes of the manor of Wotton and the Inhabitants of the faid 
Townes of Nibley and Huntingford have in the other part of Michaelwood over 
the red ford, being the Inheritance of Henry lord Berkeley : Which wood on this 
fide the red ford is the free hold and waft ground of the Queens Ma''.', and parcell 
of the manor of Wotton, and extendeth as aforefaid, and is by eftimation — 207 . 
acres. i^t^u0 the Survey. 

3!n the compofing of this furvey it was foe partially carried, That Maurice 
Harding of Cowley, (yet living,) Richard ffourds of Pinelfend in Cowley, Robert 
Hale of Wotton, and Nicholas Cornock of Nibley, (grandfather to John Cornocke 
now fervant in houfhold to the lady Elizabeth Berkeley,) being of the Jury, would 
by noe perfwafion or threats give confent to foe | untrue a prefentment in the 750 
former point, which ready drawn by the Commiffioners was tendred unto them, as 
the three firft have often feverally told mee ; whereupon their names, after they had 
been fworne, were ftrooke out of the panell from their fellowes who prefented the 
fame, being all of them tenants to this manor of Wotton : of which manner of 
proceedings wee have fince had many times conferences togeather. 

C{)M Survey thus returned and remaining of record in the Exchequer, and 

the faid manor the fame month granted to the Earles of Warwicke and Leicefter 

and their heires, as hath been faid. They immediately thereupon placed one William Div'fe exam : in 

Cecill as Ranger, to overfee their Deere in that part of Michaelwood chafe foe ^. ™ ! ^L^^^ 
° '^ Diu lae Ire NicTli 

prefented to bee part of their manor of Wotton : Between whom and Dunning and Poyntz et Thome 

Kimmerly 



296 



Cfjc Hitofjflf of tt)c 23frftricpjtf 



1534 



Throkm'ton Coin Kimmerly his men, And the Ranger and keepers of this lord Henry, many bicker- 

GCWaiT* Ct Lciccf^ 01. J J 

1578. 79. 80. 81! ings often times happened, to the drawing of bloud, continuing in that troublefome 

83. in caftro de courfe till the death of the faid Earle of . Leicefler, 1588, in the thirtieth of Oueen 
Berkeley. ~, , . 

Elizabeths raigne. 



Trin : Pafch : 31. 
Eliz : rot. 462. 
in banco regis. 



3[niITld}iatdp upon whofe death, this lord, relying himfelf upon the cofnon 
Juftice of the Realme, (for potent Leicefler only medled in thefe matters, and the 
whole manor furvived to the Earle of Warwicke his brother then much infirmed 
with ficknes,) brought an adlion of trefpas againft the faid William Kimmerly for 
treading of his grafs in Miehaelwood chafe, and killing of a bucke there in July 
before the i^ Earle dyed, to his damage of ten pound ; In which fuite this lord 
recovered upon a non fum informatus. 



751 



Cijtje? Kymerly fome years after upon a fuite in the Court of Wards profecuted 
againft this lord, and examined touchmg his behaviour in thefe times of his keeper- 
fliip in this part of the faid Chafe, depofed, That twelve years togeather hee was a 
keeper in that part of Miehaelwood lying between Redford and Wotton, under 
William Cecill Ranger there to the Earles of Warwick and Leicefter ; And that 
all that time hee walked in great feare, and for the moft part in the high waies, 
and durft not goe out of them into the faid chace, but was always interrupted and 
threatned by the lord Berkeleys Rangers and Keepers, and had a warrant for a 
bucke taken from him by one William Hallam ; And in that twelve years did not 
kill any Deere in that fide of the chace where hee was appointed Keeper : And 
that afterwards hee was difcharged from being keeper by M5 Arnold Oldifworth, 
for that his M" the Counteffe of Warwicke would not allow any fee for | any 
keeper to walk there, as hee faid, fince which time to this his examinacbn, there 
hath been noe keeper there by the faid Counteffes appointment. 



Hill. 37. Eliz : rot. 

92. eod. rot. 106. 

Trin : rec : 38. 

Eliz : rot ; 123. 

Mich : 40 : Eliz. 

rot cum rem thes: 

in fc»cio. 



<^t^t Manors of Wotton and Simondfall by the death of the Earle of Leicefter 
coming by Survivor to the faid Earle of Warrwick, as aforefaid, hee conveyed them 
(amongft many others) to Anne his wife and her heires, and dyed within two years 
after his brother the Earle of Leicefters death. 

3[t chanced ftiortly after. That Henry Parmiter then of Stone an Atturney at 
lawe, Giles Daunt then of Oulpen, George Smallwood then of Durfley, and feaven 
others, all men of mettall and good woodmen, (I mean old notorious deereftealers,) 
well armed, came in the night time with deere-netts and doggs to fteale deere in 

this 



i6r3 Hifc of !^cnrp tl^e fitfit 297 

this chace of Michael wood, who M' Anthony Hungerford, yet livinge, then Ranger 
there for this lord, foone found in that part of the chace which was formerly pre- 
fented to bee part of the manor of Wotton, then the inheritance of the faid lady 
Anne Countes of Warrwicke ; And prefently drew from Nibly and other bordering 
places nine or ten of his own tenants and friends, as good men with their ftaves 
as the hunters, whom they roughly fet upon in that part of the chace : betweene 
which two companies of true men and theeves, many fore blowes were exchanged, ^ 

divers on both fides beaten to the ground, and much bloud drawn ; which violence 
they ceafed not on either fide till the fall of Smallwood by his deaths wound, where- 
upon leaving him as dead, the reft of the Deereftealers fled : But by this means 
being known. And fuite commenced againft them in the Starchamber, the faid 
Counteffe of Warrwicke fent unto the faid Parmiter a copy of the faid Survey and 
prefentment, And earneftly by Arnold Oldifworth and other her officers, laboured 
him and the refl to juflifie their entry and hunting in the faid chace under her 
authority and licence ; And the rather for that Parmiter being an Atturney of the 
comon place, and drawing his maintenance from his pracflice, might otherwife in- 
curre noe fmall damage and fine alfo with imprifonment, with other like perfwafions: 
Howbeit the hunters having made their peace with this lord and his Ranger, And 
that pracflice of the Counteffe, (which Parmiter difcovered to mee with delivery of 
the copy hee had received,) not prevailing. And this lord having a good opinion 
of the juftnes of his title to that part of the chace, notwithftanding the faid prefent- 
ment, afwell as the reft, hee did in the 41'.'' of Queen Elizabeth, enlarge the enclofure Anno. 1598. 
which of old time had been about the lodge in the faid chace, And with a pale for 
the more comely proportion enclofed about 10 acres more then formerly was in the 
old enclofure ; for | which fa6l, (though not to the damage of the faid Counteffe or 752 
any of her tenants of 2"! by the year,) fliee caufed Robert George her Receivor and 
William Trotman one of her woodwards to fawe down the raile and pale in fuch 
places as the faid addition was made ; And thereupon a!fo brought her a6lion of 
trefpas againft Thomas Hewes and other of this lords palers and workmen therein; 
During which fuite at the common lawe, fliee alfo exhibited her bill in the Court of j^j^h • term 41 
Wards in Michmas Terme in the 4I'^ & 42'!" of Queen Elizabeth againft this lord and et. 42 Eliz : in Cu? 
Anthoney Huntley his ferv! and Woodward there, Setting forth therein how fhee '^'^ nno.is99 
was feized of a meffuage and one hundred acres of land called Holts, and of Coinon 
of pafture thereto belonging in the faid part of Michaelwood ; And alfo fet forth, 
That that part of the faid Chace which extended from the Towns of Nibley and 
Huntingford unto the river or water called the redford, and foe alonge the faid river 
or place where the water runneth commonly called the redfourd, unto the houfe late 

of 

2 Q VOL. II 



398 



Clje JiiMc^ of rtjc 25erftdepj* 



1534 



September, 43. 
Eliz. 



753 



of Robert Jobbins at the woods end, is parcel of her manor of Wotton underedge ; 
And that this lord by the inftigation of the faid Huntley had not only forbidden 
her farmer of Holts to have any Cofnon in the faid Chace, and driven back his 
Cattell, but alfo had inclofed about two hundred acres of that part of the chace 
with a pale, which did lye as aforefaid and which was part of the manor of Wotton, 
with fuch other fuggeftions as are too coinon in Englifh bills ; Co which this lord 
and Huntley made anfwer and fhewed. That if any fuch coinon had of old belonged 
to the faid farme of Holts, that the fame was extinguifhed by an unity of poffeffion; 
And alfo, that the whole chace of Michaelwood was the inheritance of this lord, as 
in their anfwers at large is contained ; Whereupon after both the def.' had according 
to the ufage of that Court been examined upon Interrogatories, the pi' replyed, and 
the def? rejoyned. And a Comiffion was fued out and executed at Wotton aforefaid 
the nynth of September in the 42'^ yeare of Queen Elizabeth, whereat in fowerteen 
days were fifty witneffes examined ; And afterwards my felf and William Hallam 
(an old keeper) with the Examiner in Court : publication fhortly after awarded, and 
copies amounting to — 400 . fheets of paper taken ; whereby appeared that both pi' 
and defendants had aimed at one and the fame end, by bending their maine proofes 
for the intereft of the foile, and for the bounds of the faid manors of Wotton and 
Alkington, which was labored by as many ways means and devices as well might 
fall I into the hart of man : C!)C conclufion was That the Countefs finding her proofs 
overwaighed, fufifered her bill without hearing to bee difmiffed : Neither would fhee 
afterwards bee urged to proceed to tryall upon her aftion of Trefpas againft 
Hughes, but difcontinued it, and paid cofls. 



Mich : terme. 43. 

et 44. Eliz : rot : 

382. et 383. in 

banco regis. 



3tn which may more largely bee read in my parchment booke dedicated to this 

lord. Intituled a regifter of the tenants by knights fervice from the 378'^ leafe to 

the 388'^ leafe ; And thefe two fuites are both in Berkeley caflle exemplifyed under 

the feales of thofe Courts. Ct)lli6f was the greater half of that Chace preferved 

which the Counteffe and her offic" had devour'd, with foe ftronge an affurance that 

the fales of the woods and timber were propofed in the country, whereof the truer 

owner not longe after raifed 20oo'!- Yet left the like value for his pofterity, as after 

followeth. But that compofition which was afterwards made in the feaventh of 

Michaelwood. ^'^g James between this lord and S' Robert Sidney then Vifcount Lifle, after Earle 

Anno 8. Jacobi : of Leicefter, gave ending to thefe and many other fuites ; And thereby alfo the 

fol : 792! means of this lords fale of all the trees in this chace growing without the faid Parke, 

(except — 3CMX).of the beft,) to one Thom! Hacket after a certaine rate by the 

Tunne for Timber and by the cord for fire-wood ; which hee coaled, And erre(fl:ed 

both 



i6i3 Hifc of J^enrp tlje firi« 299 

both a forge and furnace, bringing his iron oare out of the fforreft of Deane ; And 
which hee, (having made Httle benefit,) affigned to Sr Wittm Throkmerton, And hee 
(as Httle,) to others : of which this lord Henry made . 2000''.- towards payment of the 
faid compofition : %v^ the end of that iron work begott the agreement that prefently 
after followed between this lord and the Inhabitants of Alkington, Comoners in this rj.^^ ^^^^ . ^g^^ 
Chace ; which was, That this lord fhould inclofe with a pale and keep in feveralty Ann? 10. Jacobi 
to him and his heires for ever, fower hundred acres on the South eafl part of the 
Chace, at eighteen foot to the pearch, (accompting the forementioned little park and 
lodge therein to bee parcell,) free and difcharged from y' claim of Coinon therein 
by any of the Comoners, And that this lord fhould leave the refidue of the faid 
Chace to bee a free comon for the Cattell of the faid Inhabitants of the manor of 
Alkington ; And the deere of this lord feeding within the faid parke or chace fhould 
bee for ever excluded from that part of the chace and from their grounds adjoyning 
therto, which was agreed to bee left to the faid Cofnoners Inhabitants of Alkington 
for their faid Coinon ; And that this lord fhould leave flanding upon the foile of the 
Ground parcell of the faid chace, to bee | left out of the faid parke, one thoufand 754 
oaks (fmce marked out) for mafl and fhadowe, which neither this lord nor the in- 
habitants of Alkington, freeholder or coinoner, fhould any otherwife ufe fell or 
difpofe of ; And that affurances fhould accordingly bee made by indifferent Counfell 
on both fides ; whereupon this lord forthwith enclofed his — 400 . acres, And in 
Trinity Terme following exhibited his bill into the Chancery, fetting forth the faid Anno. 1612. 
agreement between him and the Coiiioners, with fuch other circumftances as feemed 
dependant upon fuch an agreement. And how thereupon hee had purchafed other 
lands adjoyning for the circular and more uniforme proportion of his pale : VBi^Ctt^ 
unto the def? Cornoners made anfwere, confeffing the agreement. 31lnb thereupon 
by the confent and defire of both parties, It was decreed by the faid Court of 
Chancery That the agreement fhould fland and bee inviolably for ever after 
obferved of all parties, which at this day continueth accordingly, A° 1626. Which 
fmall fervice this lord fo acceptably received, That in recompence of my contriving 
and finifhing thereof hee by Deed granted mee a fee bucke and a fee doe yearly 
during my life, out of the faid new parke. get foe refted not this chace or park. 
But that George lord Berkeley after his full age wholly difparked it, And carried 
away the pales railes and polls thereof for the mending of his three other parks of 
Whitcliffe, Newparke, and the Worthy ; And then demifed the fame for years to 
divers tenants, who forthwith at their charges according to their agreem'.^ with his 
Lqp, divided the fame into many clofes, grubbing up the thornes furres and other 
brambles thereof; In the three firft years of whofe leafes, the faid lord carried 

thence 
2 Q 2 



300 



€l^e %i\it0 of t^t ^ctMcp^ 



1534 



thence alfo great ftore of that timber for his buildings at Simondfall and at new- 
parke and at the grange by Bericeley, and at other places, And fold much of the 
reft, coleing alfo a great part of the firewood thereof and felling and burning the 
refidue at Newparke and Berkeley caftle, where hee then abode. 

^0 this difparking it may feeme the lord George was led by the prefident of 
his Grandfather, this lord Henry, who in the time of Queen Mary upon his firft 
entry quite difparked Hawe-parke by Wotton, and let the fame at 6? S"! the acre, 
755 taking a fine of 26L 8? for each acre | for one and twenty yeares ; which a fewe 
years before Sr Thomas Thinne, under the then Prote61ors favour, had in the later 
days of king Edward the fixth made thin, both of deere timber and woods therein 
growing. 

I^allins thus purfued this recovery of the Manors of Wotton and Simondfall 
had againft this lord, with fuch Inqufitions and circumftances as followed thereupon, 
I now retume to a like recovery of other manors had in like manner ten years after, 
againft this lord alfo. 



Trin Term, a 2. 

Eliz : rot : 1 24. in 

fc^cio cum rem 

regis. 



Anno. 26 : Eliz 



Survey under feale 
in cafl : de Berke- 
ley. 
Liber recogn: hill. 
a8. Eliz: in fc»cio. 



<2!2ucrn Elizabeth, in the 22*^ of her raigne, exhibited another Informacbn of 
Intrufion againft this lord Henry, (which was likewife profecuted by the faid Earle 
of Leicefter,) charging him thereby to have intruded into the Manors of Sages and 
Arlingham, and into the third part of the manors of Came, Hinton and Slimbridge, 
and into the ffarmes of Holts and Corrietts, Newleys, the warth, and other lands 
in the county of Glouc, from the firft of December in the firft yeare of her raigne 
untill the exhibiting of this information ; And by all that time to have unjuftly taken 
the rents and profits : Co this Information this lord pleaded divers pleas according 
as his Counfell conceived his feverall titles to bee. All which for all the faid Manors 
and lands were in Hillary Term in the 26'^ of Elizabeth found by jury at the 
Exchequer barre againft him. And next terme Judgement entred accordingly. The 
fifteenth of Auguft following by vertue of a Comiffion dated the 8'^ of July before, 
was this lord by the Sherriffe of the County put out of poffeffion, And the 2o'^ of 
the faid Auguft, the faid manors and lands were extended and valued to the Sherriffe. 
CljC 1 7'^ of September following by vertue of a more fpeclall Comiffion direcfled to 
the forefaid Sf Giles Poole and others, a perticuler Survey was made of all the faid 
manors and lands, and of all the rents and profits received by this lord from the 
faid firft of December in y". firft yeare of the faid Queen to that time, which, (befides 
fines and all other cafualties,) amounted to the fum of — 3953" iS"- 10? wherewith 

this 



i6i3 



Hife of i^cnrp rtjc 5firiSt 



301 



this lord was charged. 3ll5ilinj6ft the payment of which meane rates and arrerages, 
this lord foe ftrugled, that I verily fuppofe noe one Terme for Thirteen years next 
following is without orders in the Exchequer touching the fame, befides the many 
petitions to her Ma''^ wherein at laft hee was much helped by Sf Edward Coke her 
Atturney generall. 

'CfjC fecond of July following, the Queen granted all the faid manors and 
premifes foe laflly recovered againft this lord to the faid Earles of Warr. and Leicen 
and their heirs, to hold by the 4'!' p' of a knights fee. | 

CllC Earle of Leicefter dyed in the thirtieth of the faid Queen, Anno, 1588. 
without lawfull iffue, whereby all thofe manors and lands mentioned in thefe two 
recoveries had againft this lord furvived and came to the faid Earle of Warwicke, 
being his elder brother ; who by his conveyances, (mofl whereof is inrolled in 
Chancery,) in the 32'^ of the faid Queen, granted the fame to certaine feoffees, To 
the ufe of himfelf for life And after his deceafe to the lady Anne his wife and to her 
heires for ever, as formerly hath been touched, And dyeth the 21'!" of ffebruary the 
fame yeare ; All which are at large found in the Inquifiton or office after his death 
the I5'^ of December the yeare after in the 33'.'' of Queen Elizabeth. 



Anno. 27. Eliz. 



756 



2&P this office, the Queen was intituled to the moitie of a third part of all the Inqu : 33, Eliz. 
faid Earle of Warrwicks lands during the minority of Elizabeth the daughter and q,^ yvL-? 
heire of Sir Phillip Sidney, (after maryed to the Earle of Rutland,) as by the office 
at large appeareth : Upon returne whereof, the Queen by Indenture under the feale 
of the Court of wards and liveries dated the 4'^ of June in the 33'.'' of her raigne, Carta 4 Junij 
in confideration of Twenty pound fine and 26'; 13? 4? yearly rent, demifed to the 
faid Anne Counteffe of Warr. the third part of the faid manors of Came, Hinton, 
and Slimbridge, the faid Newleys, the warth. Holts, and Corietts, in lieu of the 
moitie of the third part of all the Earle of Warrwicks lands. To hold during the 
minority of the faid Elizabeth Sidney then but fower years old, which was an 
Extraordinary favor that the greatnefs of this Counteffe found under a gracious 
Princefs, on whom in neareft place (hee waited, and of a freindly mafter of that 
Court, then William lord Burleigh, lord Treafurer alfo ; By which favour this lord 
was as deeply prejudiced in efFe6l as by the recovery had againft him in the 
Exchequer : for, being thereby under the prerogative of the Crown and the pro- 
ceedings in that Court turned out of that poffeffion, which notwithftanding the 
recovery in the Exchequer hee had ftill maintained for the third parts of the Manors 
of Cam, Hinton, and Slimbridge, efpecially ; And his poore tenants fent for daily 

by 



302 €l|e %iM0 of rt)c 9&nrferiepJ* 15 34 

by proces, and committed for their faithfull adhereing to their landlord, This lord 
to help himfelf and them exhibited even a world of bills, and made as many anfwers, 
whereupon, as alfo upon bills of Traverfes to the faid office, followed an Army of 
orders. Injunctions and affidavits for feaven or more yeares togeather ; A fruitlefs 
refiftance of himfelf and his counfell in thofe times, whereby hee not only loft all 
757 that was demanded againft [ him, (for what the faid Counteffe would fhee obtained,) 
but alfo with the exceffive expence and payment of cofts, exhaufted his coffers ; 
Suits much better not to have been defended at all, then not defended in the 
fucceffe ; And if better times fhould ferve, the regaining made more difficult. 

31 jStjOUlD make the life of this lord a volume of it felf if I fhould perticularize 
but a fowerth part of the toiles and turmoiles, troubles and difquiets, that arofe about 
the poffeffions alfo of the faid Newleyes, Holts, and other of the faid lands, kept 
33. Eliz : loft and regained, and loft againe, by this lord and his fervants : of the indidlments 
H?!?- ^■I'Eli" ^^^ traverfes that followed thereupon at Gloucefter and other places, purfued by 
Trin. 32 Eliz. S' Henry Winfton efpetially in behalf of the faid Counteffe : And of the multitude 
EUz! °^ Starchamber bills in thofe years alfo exhibited by her againft this lord, RicW 
Thomas, Anthony Huntley, and other of his fervants and tenants, touching entries 
ryotts and forces, Termly attendants in the chamber of Mf Thomas Chamberlayne, 
then this lords Sollicitor, (after a Judge ;) And how this lord by the injurious 
fuggeftion of the faid Counteffe was twice convented before the Counfell table at 
Whitehall, to anfwere fuppofed mifdemeanors by her objedled, which could not bee 
proved ; And at another time at Oatlands, where the 16'.'' of Auguft . 1590. in the 
32'^ of Elizabeth hee was ordred to enter into a recognizance of ten thoufand 
marks. That hee his fervants followers and freinds fhould from thenceforth keep 
the peace towards the tenants fervants followers and freinds of the faid Countefs 
during the controverfies between them : At what time alfo another recognizance of 
500 marks was taken of Humphry Alfop this lords then Steward of his Gloucefter- 
fhire lands, and one of the Sollicitors of his lawe caufes : As alfo of the many 
proceffes ferved upon many of this lords fervants and tenants at thefe times to 
appeare in the kings bench and Crown office, to give bonds for their good be- 
haviours, with an endles number of brawles and broiles about thefe times raifed 
and purfued by the faid Sr Henry Winfton and Arnold Oldifworth her greateft 
Agent and Sollicitor. 

^t)ije( is that lady of Warrwick whom Mr Rowland Vaughan, in his booke of 
Waterworks, reporteth, That to ferve turnes was able in Court to work miracles in 

lay 



i6i3 



Eife of i^cnrp tl^e fir^t 



303 



lay matters ; which this lord Henry found true, to his extreame coft and trouble, as 
herein appeares. 

31 forbear alfo to fpeake of the aflion brought by this lord in thefe times Anno. 33. Eliz: 
againft the faid S' Henry Winfton, upon the Statute de Scandalis magnatum, who 
malitioufly and falfly had given out That this lord faid hee would come | with .140. 758 
men, and get his poffeffion againe of the Newleafe with the fword ; 3lljS alfo I omit Mich. 40. et. 41. 
to write of the bill Anfwere proceedings and decree in the Court of wards, touching 
the watermill and carucate of land called Corietts, in Cam, wherein who defireth to 
bee inftrudled in the learning of favour and prerogative, and to fet a fair gloffe upon 
a foule Text, may have recourfe to the faid decree, which paffed in Eafler Terme Pafcti. 42. Eliz : 
in the 42'!" of Queen Elizabeth in the Court of Wards for the faid Counteffe againft 
this lord and his tenant John Somers, thereby caft out of poffeffion; A fuite foUicited 
by the wily diligence of the faid Arnold Oldifworth then interreffed in the fame for 
many years by her demife, who, (after the compofition in the 7'^ of king James with 
the lord Lifle,) having purchafed the fee farme thereof of this lord Henry, fhortly 
after fold the fame to Wittm Harding and his heires. As not longe after hee did all 
the reft of his eftate to others. And yet fattisfyed not his debts by — 4000'.'- at the 
leaft ; And laftly dyed in Virginia. 

l^eitl^Cr doe I here remember the extents upon all this lords lands in what 
County foever hee had any lands for the leavying of the faid meane rates, nor the 
great fums which in part payment thereof hee paid into the Exchequer, nor the Hilt. 28. Eliz : 
recognizance of — 4000". which hee was by orders in the Exchequer inforced to 
enter into, with condition to pay all the rents and profits of the faid manors and 
lands foe recovered againft him ; wherein the preffures were farre more violent 
upon this lord then the ufuall courfe, either of the Crown, or that Court ordinarily 
infli6led upon the fubjedl, in regard the one moitie of the faid arrerages or meane 
rates was granted by the faid tres patents to the faid Earles with the lands, with 
all the means which the Crowns prerogative had to recover it, and fo came to the 
faid Counteffe, who not only with the fame coveted to defray the charges of thefe 
fuites, but to reward the diligence of her fervants. freinds, and Counfell employed 
therein : And this guift of the moitie of the meane rates filled five years vacations Annis 28. 29. 33. 
with Inquiries in this County of Glouc. by Juries, to find out the value and profits ^^' ' ^^' 
of the lands recovered, in rents herriots fines and woodfales received by this lord, 
to the extreame expence of both parties : ffor fome eafe and releife wherein, this 
lord exhibited his petiton to the Queens perfon, prefenting alfo his greife therein by Anno : 36. et at. 

word 



304 Clje Hittjef of tijc 25frftclcpiai 1534 

word of mouth to her Ma'i' For the countermining whereof, and to fruftrate that 
court fuite which to this lord was both tedious and coftly, the faid countefs exhibited 
alfo her petition, (for fhee that perpetually waited next her perfon, could not be any 
759 fmall time ignorant thereof,) praying the Queen to | have allowance by her privy 
feale of the faid arrerages according to her Ma'? grant under the great feale; And 
that the further difpatch thereof might bee referred to fome of her Officers, To the 
end the debts of her late hufband the Earle of Warrwicke might the fooner bee 
Cert: dat: 26. Maij paid by her his executrix; Which being referred to Buckhurft lord Treaforer, hee 
certifyed almoft all the former proceedings in perticularity, but in fuch fort as this 
lord gained nothing but further loffe for all his paines and expence. 

^titi^Ct doe I here, other then in curfary manner, ficco pede, remember how 
this lord Henry after the faid verdi6l and Judgement upon the faid Informacon 
given againft him, often moved that Court of Exchequer to have allowance of 
certaine errors to reverfe the faid Judgement and verdifl, and to have his writ of 
error figned by Sr John Popham then atturney generall ; who after counfell at 
feverall times heard on both fides, held them to bee errors unanfwerable : but his 
remove to the place of Cheife Juflice hindred the fame: whom S' Thomas Egerton 
fucceeded, who, all his time of Atturney generall delaied it : After him Sir Edward 
Coke fucceeded, To whome upon new motions the Court referred the examination 
of the errors anew, who alfo for his better refolution before hee would deliver his 
opinion, heard Counfell on both fides, And at lafl; in Court told Peryam cheefe 
Baron That if fuch errors were depending in any other court, hee thought them 
fufficient to reverfe judgment, but what they were in this Court, hee referred to his 
LoP." confideration. 

3llt lafl:, after long preffures, the faid lord cheife Baron referred this lord to his 
petition to the Queen for allowance of the faid writ of Error ; her Ma".'' referred the 
confideration of the fame to the two cheife Juftices, the mafter of the Rolls, Egerton, 
and to her Atturney generall, who with much SoUicitation met in Hillary Terme in 
the 37'^ of Elizabeth, and having heard Counfell on both fides, refolved, that the 
proceedings upon the faid Information were erronious : But notwithflanding diredled 
this lords Counfell firft to fearch for prefidents in the Exchequer from the time of 
king Edward the third, wherein any writ of Error had been brought for any matter 
of forme, or for mifjoyning of iffue, or tryall, or pleading; And alfo to fearch for 
petitions, whether by the Statute of 31. E. 3. a writ of Error may bee brought 
between her Ma'.'* and a Subjedl without a petition ; And to fee alfo the manner of 

the 



i6i3 %rk of i^cnrp tlje fit^t 305 

the petition for the proceeding therein in forma juris, And then they would certifie 
their opinions. 

^earcl^, (the coftly work of a longe time,) was made accordingly, And many 
prefidents found wherein the fubjeft had been allowed his writ | of error in that 7^0 
Court, both by and without petition; Copies thereof were praied by this lord Henry: 
Anfwere was made, None might bee given without an order from the lord cheife 
Baron : Hee being by this lords Counfell often moved thereto, finally anfwered, 
hee fhould have none except it were by warrant from her Ma".*, feeing the prefidents 
intended the fubvertion of the eftate of the Queens patentees, (meaning his deareft 
lady and freind the Countefs of Warwicke,) and therefore this lord fhould ufe his 
petition to the Queen if hee would have any ; which referment of his is entred of Liber ordinum in 
record in the booke of orders of that Court ; whereby Certificate was never made. 37. et. 38. Eliz. 

% marttage at this time went on between Thomas the only fon of this lord and 
Elizabeth the only child of ST George Carey knight marfhall, fhortly after lord 
Hunfdon and Chamberlaine to her Ma"* To whom a breife colle(5lion with the 
orders annexed of all' thefe proceedings was delivered ; hee undertooke with the 
Queen, and effe6led it : The cheife Baron by like art, as hee had delayed, deluded 
the faid writt of error : And after, this lord turned himfelf to looke after other 
Counfells and Courfes that gave at laft a winding out from thefe irkfome laborinths 
and perplexities. 

511ntl I remember a Sollicitor of the lord Berkeleys in the clofe of that day caft 
before thofe referrees, the confideration of the Statute of the 33'^ of Henry the 8'^, 
which giveth the adluall poffeffion of the lands of perfons attainted without any 
Office found. Saving the poffeffion of all Strangers : which, faid hee, is expounded 
as if an office had been found at Comon lawe : And if the office at the comon lawe 
had found the feifin and diffeiffin, yet the king could not have granted away the Cokes rep: 
land before feifin, or a Scire facias fued ; Inferring thereby. That noe informacon of 
Intrufion at all would lye againfl the lord Berkeley by reafon of the favinge in the 
faid Statute : which they (not difliking) held worthy of further confideration, but, I 
fuppofe, forgott it foone after. 

31^ defire in thefe relations is nothing more then to informe the now lord 
George truly, though with prolixity, of the paffages of this his immediate anceftor 
in thefe paper warrs ; whereby I will looke back to the Jury that tryed this laft 

iffue 

2 R VOL. II 



3o6 



Ctjc %iMe^ of tJjc 25crhricp)ef 



1534 



Bill and Anfwere 
in Canceft. 



Ex pte Nicholfon 

in cane. Mictiis 

36. Eliz. 



Orders. 19. Junij. 

36. Eliz : and . 6. 

15. 25. Nov. 37. 

Eliz. 

Order. 25. Nov : 

37. Eliz. in Cane : 

inter Henricum 

<tm B. que? et Hall 

at Alfop def J' 



iffue in the 26'^ of Queen Elizabeth in the Exchequer againft this lord, And tell 
him truly, as I have done in the former recovery, That they were likewife plotted | 

761 and named by the faid Earle of Leicefter, with the affiftance cf Sr Thomas Throk- 
merton and S'i Nicholas Poynz, (then at enmity with this 1"!,) And the whole 24 
names ready written were delivered by the firft of them to Richard Adams of 
Wotton fervant to the faid Earles, And by him delivered to M'. Hall then under- 
fherriffe to Thomas Baynham of Clowerwall Efq^, as fent with them from the faid 
High Sherrifife, with a coinandment in the name of the faid Earle of Leicefter that 
hee (hould ingroffe and returne them, mixed with the delivery of forty (hillings then 
given to Hall, and fome threats if hee did not : And this did Hall himfelf out of 
remorfe of confcience, (when hee faw the ill effe^l;,) make known to Humphry 
Alfop then follicitor to this lord, who thereupon, to continue the memoriall thereof, 
exhibited a bill againft the faid High Sherifife and U nderfherriffe for this mif- 
demeanor in the Chancery, (not in the Starre chamber as hee fhould have done,) 
whereto they made anfwere and confeffed the whole matter as aforefaid, this being 
the next yeare after the tryall ; And foe it refted ; Whereof the Counteffe of 
Warwicke having notice fome years after, And knowing well how deeply this 
packing and nomination of a Jury, (though in the Queens cafe,) might trench into 
her title, that ftill continued reftles and in Termely agitation, Shee to damme this 
bill and thefe anfweres, complained in Chancery in Michmas Terme in the 36'^ of 
Queen Elizabeth : Whereupon Hall and Alfop being examined at the fuite of the 
faid Counteffe, confeffed upon oath the truth of the premifes, which to this day yet 
remaineth with the faid examiner. But in regard that her title was hereby fcandal- 
ized, and for other reafons, movinge the court, After order upon order, this lord 
Henry was compelled to bringe in the Exemplification of the faid bill and anfwers, 
which hee had under the great Scale, into the Court, where it was broken and 
cancelled, and bill and anfwers orderd alfo to bee taken from the file and cut to 
peeces, w''^ was done : howbeit true copies were taken and fufficiently teftified and 
caft into the Evidence houfe at Berkeley Caftle, where they yet remaine : About 
fower years after, my felf ferved M' Hall with a Subpena to teftifie his knowledge 
herein upon a tryall at the comon pleas barre, touching fome of thefe lands, (whereof 
I fhall after write,) thereby to extenuate the validity of the former verdift ; what 
time hee told mee and others the whole matter, with all the circumftances aforefaid ; 
And accordingly appeared, but in regard his anfwere had been damned by Decree 
in Chancery as aforefaid, the Court would not heare him upon oath, but left the 

762 confideration to the | Jury of what they had heard by this lords Counfell at the 
barre, w'^.'' I know did noe harme. %g for Richard Adams, (who dyed fhortly after,) 

the 



i6i3 Hife of i^cnrp tije fkgt 307 

the inftrument of this unconfcionable and unjuft praftice, returning from London to 

Wotton, where his dwelhng was, having failed after much fuite in obtaining of a 

proteftion to preferve him from divers creditors, to whom hee flood indebted, the 

next day after his returne dyed with thought and greife, as publickly then reported, 

and ftands yet beleived. Neither could the frefh labour of Thomas his fon obtaine • ^ 

more favour aftej his death then an increafe thereby of his fathers ingagements, and 

his own lefs means to pay what himfelf as fuerty for his father flood alfo bound for; 

who being now alfo dead, after much penury, hath left a miferable male and female 

pofterity, not of worth to divide five pounds amongfi: feaven of them : And his wife 

at this day 1626 . by my meanes an Almefwoman in the hofpitall of Cheineis. 

5tllb to knit the Cup and Cover here togeather, the faid Rich"! Hughes, firft an 
Atturney at lawe and of the flanding fee of this lord, then dwelling at Wotton and 
this lords Steward there, hee falfly turned away to this lords Adverfaries with a 
perfidious revealing of all his ill gained knowledge ; And after a fecond regaining, 
thirdly revolted ; And laftly miffing of his promifed (at leaft hoped,) reward, preffed 
with poverty, returned from Diflaffe lane and other places in London where hee 
had fome years covered himfelf, towards Wotton, perifhed in a ditch on this fide 
Fairford in Gloucefterfliire, as hath been faid, where hee was found dead early in a 
morning ; whofe children, (long fince in the condition of beggars,) have nothing 
remaining to them but the ignominy of their father ; Of whome, not the' leafl; un- 
happy, was John Hughes, made, foone after the firft recovery, a woodward of 
wotton, who fhortly after, (grown not worth the bread hee wanted to eat,) dyed 
bellowing and roaring in Wotton, whereof hundreds yet living give teftimony. 

SUnll to touch but light[l]y on Thomas Trotman of Stancombe, an other prime 
fervant and trader in thefe practices, rewarded after the faid recovery of Wotton 
with a baylywick and woodwards office, being at a faire in Wiltfhire, and offering 
(perhaps in drinke) to put his foot into the ftirrup with intent to ride home, fodainly 
died ; of whofe eldeft fon Wittm, lately departed his houfe for debt. I forbeare to | 
write what juftly is occafioned ; my felf diflikeing thofe juft occations that have 763 
through truth of ftory, caft mee upon foe unpleafant relations, efpecially wherein the 
perfon is taxed or afperfed. 

ffbr more affurance of the packing and plots about this Jury that tryed the faid 
caufe, heare a tre of the proper hand writing of Sf Tho' Throkrfiton, directed to his tre in caftro de 
loving Nephewe Mr John Tracy, (then a ferv? to the Earle of Leicefter, now knight,) ?ortSh.3oJan: 

and 1583- 26. Eliz. 

2 R 2 



308 



V 



€()e %ibt0 of tl^e V^kdtp0 



1534 



and who after had an eftate given him in Rolls Court in Slimbridge, and yet liveth 
at Tuddington. 



John Garlicke was 
the bearer. 

Earles of War? & 
Leic^ 



4Ei00tl Nephewe, according to my good lords defire, I have fent up a fufficient 
Jury for the tryall of the matter between the Queen and yl lord Berkeley, And 
to the end their appearance may bee the more ready, I have fent up this bearer to 
attend upon them ; If I had thought mine own fervice there in any fort neceffary 
to the behoofe of my lords, I would not have fpared my travell, thinking it un- 
neceffary to make a greater fhew of good will then needeth ; And that I have 
fufficiently performed what I have undertaken for the apparance of the Jury it fhall 
well appear ; And leaft the apparance of Sr Thomas Porter fhould bee requifite, 
what pollicy I ufed for the fame this bearer can informe you ; All which I pray you 
informe both my good lords the Earles of Warrwicke and Leicefler, As alfo I pray 
you informe them that they are to give thanks unto S' Nicholas Poyntz and your 
Old S' John Tracy, father, for the apparance of fome of the Jury, whofe names this bearer will informe 
you ; further I pray you credit the bearer. And foe commending mee heartily unto 
Anno: 26. Eliz. you, and your brother, I comit you to God. At Tortworth the 30'!" of January. 1583. 

Your loving Uncle 

Thomas Throkmorton. 



3it i^ not yet three months fmce I talked of thefe paffages with John Garlicke, 
that's mentioned to bee the bearer, of what hee had to deliver upon the credence 
given by this Ire unto him ; It fufifices the plot and pack was foule ; what before is 
written was too true for the lord Berkeley : for the verdifl of the faid Jury turned 
him out of his ancient inheritance. And fome of it, (as Cam and Hinton,) fuch 
whereof hee and his Anceflors and thofe who held under them had been in quiet 
poffeffion, and never year or month out of poffeffion, fmce the begining of thefe 
relations in the lord Robert the firfl of that name. | 



764 

Lre in cafl.ro de 
Berkeley 



3lt the fame time went alfo the tre of Sr Nicholas Poyntz to the Earle of 
Leicefler himfelf, wherein hee intimateth that convenient means is now offered, by 
change of Officers in Ireland, to benefit Mr Throkmorton of Tortworth, than whom 
an honefler man liveth not, very wife to govern in place of Juftice, and is intirely 
your lordfhips : I write the very words of his proper hand writing. The reft need 
not ; It fufficeth hee was an old Courtier, And wholly alfo the Earle of Leicefters, 
And dyed in fewe weeks after. 

9f« 



i6i3 



%iie of l^cntp tlje fit^t 



309 



^n thefe times alfo, was one Edward Andrews of the county of Leicefter, an 
utter barrefter of Graies Inne, of Counfell in thefe and other fuites with this lord 
Berkeley, who was wrought to bee falfe to his Client, and to make known before 
hand his Evidence and breviats to the adverfe party ; which as M". Alfop hath told 
mee, yet living and then this lords follicitor, and the difcoverer thereof, hee did to 
have the faid Earles favour in his own great and tedious fuite with the lord Crom- 
well for the manor of Allexton in that County, wherein at laft, (out of the wilines Cokes rep. 2. pts 
of his own brain,) hee was overtaken with lofs of the Land, after that fower or five 9- 

verdi6ls formerly paffed for him; which cafe is reported in print by S": Edward Coke ggn of Leic^ S^re 
in the fecond part of his reports. 'o^ : 10 : 11. 



%Vii heere, (though fomewhat out of place and order,) may bee remembred 
the often references that were to freinds, and their meetings thereupon, to have 
(by way of arbitrament) determined thefe fuites, afwell before as after the fecond 
recovery ; As to Phillip Earle of Arundle, Thomas Earle of Suffex, lord Chamber- 
lain, and S' Chriflopher Wray, cheife Juftice, for this lord Berkeley ; And to Henry 
Earle of Huntington, S' Chriftopher Hatton, and Judge Anderfon, cheife Juftice of 
the Comon pleas, for the faid Earles ; and of their often meetings and hearing of 
Counfell on both fides, at Ely houfe in hoi borne, at Leicefter houfe in the Stran, 
And in the Inner chamber of the Starchamber, and other places: and how upon 
the death of the faid Earle of Suffex, which happened in June 1583, A° 25 . Eliz., 
this lord Berkeley chofe Henry Earle of Northumberland, who alfo after divers 
meetings concluded of nothing : And foe breaking off, the tryall went forward in 
the 26* of Elizabeth, at the Exchequer barre, whereof it now followeth that I write; 
with this remembrance to pofterity. That thefe meetings of foe great lords were 
folicited and procured by the perfonal travell of the lady Katharine this lords Wife, 
of whom I have after to write. I 



Annis. 22. Eliz. 

et . 24. Eliz. 

at. 25. Eliz: 1583. 



Leic? comon 
wealth fol: 33. 43. 
59. printed: 1584. 



Div'fa munimenta 
in caftro de 
Berkeley. 



I^abtng fomwhat outrunne the order of time, the better to avoid fuch fradlions 765 
as the multitudes of fuits and occurrences that came togeather would otherwife have 
caft mee into, I now returne to declare. That amongft the manifold lawe-fuits of 
this lord Henry, none was of greater confequence, nor wherein his honor more 
fuffered, then that for the Tythes of Oldminfter in Hinton within the parifti of 
Berkeley, between himfelf and the faid Thomas ThroknJton of Tortworth Efqure, 
after knight, father of S^ William the now Baronet ; nor profecuted with more 
violence and difcontent both between the parties themfelves and alfo their follicitors 
and fervants ; which took begining about the Twentieth of Queen Elizabeth. ^hi0 Annis : 19. 20. 

lord El« = 



3IO 



€!je %iMc0 of t^t 22>crhclfpitf 



1534 



tre dated at Cal- 

lowdon. I Aug : 

1578. A° 20. Eliz: 

766 

Hitt. 22. Eliz: rot 

596. in banco. 

inter Thorn : 

Throkm'ton pi'. 

et Bourcher 

defendant. 



lord was in pofleffion of the leafe thereof as adminiftrator to the lady Anne his 
mother, who about two years after the death of the lord Thomas her hufband, did, 
in the 28'^ yeare of king Henry the 8'^ take a leafe thereof from one Burton then 
Abbot of S' Auguftines by Briftoll, for threefcore years, at eight pound rent, who, 
the next year dying, Abbot Morgan him fucceeded in that Monaftery ; In whofe 
government two years after, that Monaftery was by king Henry the S'.*" diffolved. 
And three years after that, by the faid king, converted into a Bifhoppricke, Deane, 
and Chapiter, as formerly I have written; from which leafe, (not expired at the time 
of this fuite,) this lord Henry made his title; And Sf Thomas Throkmerton claimed 
by a leafe made by the faid Deane and Chapiter in the time of Queen Elizabeth in 
reverfion of the former leafe : The fuits raifed between them were many, and in 
moft of the Queens Courts togeather, whereof the Starre chamber in the 22* and 
23'!' of Elizabeth was at one time poffeffed with thirteen feverall bills, The kings 
beanch and Comon pleas with twelve. And the Chancery had her fhare : Tryalls 
by Jury both at the barre and Weftminfter and in the proper County at the Affifes 
were more then too many : Inditements for riots and forcible entrie at feverall 
affifes and Quarter Seffions, held at Gloucefter Cirencefter and Tewkfbury, were 
almoft numberles, wherein at one time in fower inditements forty of this lords 
fervants were indited and fined : The fucceffes of both partes were variable, but 
much the worfe fell on the part of this lord and his forwardeft fervants, who much 
fmarted by cenfures in the Starchamber ; wherein over many of them, (whereof 
their children and themfelves yet complaine,) were (otherwife then this lord had 
promifed by his tres,) left to themfelves and payment of their fines. And this lord 
to the loffe of his leafe for all the years hee had to come : | And yet, without doubt, 
the title of this lord thereunto was good and unavoidable, had his Sollicitors under- 
ftood as they fhould : The maine queftion, upon iffues joyned between them, was, 
dimifit, or non dimifit ; whether Abbot Burton made fuch a leafe to the lady Anne 
Berkeley, or not : Sir Thomas Throkmerton furmifing. That if any leafe under 
Burtons name were at all made, it was made by the kings Comiffioners without any 
authority after the diffolution of that Monaftery, which in that year wherein this and 
other Monafteries were diffolved, was too often practiced ; And that noe poffeffion 
was had by the faid lady Anne till after the diffolution ; proofes of which furmifes, 
hee had none at all that were dire6l. And taken in their beft condition were but 
weak probabillities, uncertaine and in themfelves meerly falfe : Howbeit (whereof I 
would not write but truth enforceth, (for 1 hate to fcratch the dead) this lords cheife 
Sollicitors that then in this County of Gloucefter governed his affaires, (himfelf and 
family then abiding at Callowdon,) were Henry Grantham, a better Italian then 

lawyer. 



i6i3 Hifc of l^cncp tljc ftt^t 311 

lawyer, And Anthony Huntley th'elder, then alfo in the beginning of thefe fuites 
his high Steward in this County, whofe falfe orthography in more then an hundred 
of his tres yet in Berkeley caftle will affure all that read them that hee underftood 
not a line of latin ; who ufed to keep his Courts with a white feather in his cap, 
and to read his charge to the Jurors at the Courts hee kept out of his papers ; A 
man fitter for ffaires and Markets of Cattell and fales of wood, wherein hee had 
good fkill, then to graple with foe watchfull an adverfary in the combates of Littleton, 
who knew how to take all advantages, but to give none. %^ for Humphry Alfop 
aforenamed, (yet living,) hee was then an unexperienced young man, and in Trinity Anno: i6i8. 
Terme in that 2 2'^ yeare firft preferred into this lords fervice, from being a Clarke 
to Mr Lewkner then this lords Steward of Bofham manor in Suffex ; All w''^ took 
their directions, (when they pleafed to travell foe farr as Glouc! for them,) from old 
Thomas Denys, (father of him of the fame name that yet liveth there,) a true 
hearted gentleman to this family, (though neither read nor pra6liced in thefe 
affaires,) then receivour of this lords Revenue, and allyed to him in the fourth 
degree, of whom I formerly made a double mention ; 5Bnb to have proved the 
iffue I whereupon the leafe was loft, this lord Henry then had amongft his Evidences 7^7 
both the leafe of Abbot Burton under the covent feale fubfcribed with his own 
hand, who dyed two years before the diffolution. And five or fix Acquittances for 
each half years rent both under the faid Abbot Burtons hand, and Morgans his 
fucceffor, upon whom the diffolution came, with a conftant unqueftioned poffeffion 
to the very time of thefe fuits : of which leafe it felf and the acquittances thefe 
ignorant Sollicitors were ignorant, relying only upon teftimony of Witneffes, viva 
voce, which after forty three years could not bee certaine or dire6l ; ^fn inp fortings • 

of the evidence of this lord, finding thofe and other evidences, (which in all Tryalls 
this lord Henry was ftill urged to fhew forth or diredlly to prove,) And which done 
(as done it might have been) had ended the controverfy And knowing that the 
charges of fuits And the payments of fynes coft this lord above — 1500'!, befides 
the loffe of the leafe and the difhonor which thefe overthrowes caft upon him, 
And the damage done to freinds whom this lord embarked in thefe fuits, and 
confequently loft ; 5finb alfo how the eftates of many of his tenants whom the faid 
follicitors led into ryots were never able to pay the cofts of fuite damages fees and 
fynes, wherein they were condemned, and wherein they were left to themfelves, as 
hath been faid : And knowing alfo how this politick gentleman S' Thomas Throk- 
mton, by many wily devices, put on the forefaid Exchequer Information of Intrufion 
in the 22'.'' of Elizabeth with the Earle of Leicefter, as a diverfary means to fhorten 
his own fuite, wherein this lord received one of his greateft loffes ; knowing, I fay, 

thefe 



•* 



3** €I)e libejf of ttjt ^ctMtp^ 1534 

thefe and other croffe accidents after happening which hence took fapp and rooting, 
I cannot but bewaile what's paft, And for the time to come advife the now lord 
George and his heires after him, to ferve themfelves with wife and underftanding 
men, trained up and profeffmg the fame faculty ; (my felfe already entred into the 
fuburbs of my grave, and a derelidl of that profeffion :) for if the Sollicitor bee not 
at home with himfelf, If ignorant or carelefs, Counfell that are ftrangers to the 
caufe and muft take up their knowledge at the fecond hand cannot bee inftru6led ; 
neither can breviats for them (efpecially in matters of title) bee drawn really and to 
life, wherein much of good fucceffe in each tryall confifteth ; I could never in this 
768 later half of my life perceive otherwife but that the | life or death of the fuite, as 
well in inftru6lions for pleadings, as for evidence, was in the Sollicitor: His follow- 
ing, his foUicitation in all Courts, efpecially in the Englifh, maketh or marreth ; yea 
often in a bad caufe it gaineth, and in a good, loofeth ; Let others think what them 
lifteth, I write what I have feen eaten and digefted ; Clyents witneffes Jurors 
Counfell and Judges, are men and noe angells, the fons, as the poets allude, of 
Prometheus, not Epimetheus, neither will bee otherwife foe longe as men are men, 
neither may a paradice bee expe6led to bee where any man may innocently fall by 
the lawe. As by ignorance or mifprifion ; by his Atturney or Counfellor ; by practice 
or combination of the adverfary ; by perjury of witneffes ; by forgery of Deeds ; by 
fubornacon or corruption of witneffes Jurors or officers in Courts : by affedlion, 
inclination, or corruption of the Judge ; and by many other by and black ways, 
whereof many men have made experience, in leffe or greater meafure, fufficiently 
veryfying what I write. 

%ftet fuch time as a reconciliation was wrought between this lord Henry and 
Sir Thomas Throkraton in the later end of Queen Elizabeths raigne, by the means 
of his wives father S' Richard Berkeley; In the firft feaven years of king James 
that now is, what time hee did good offices towards this lord in his fuite againft the 
lord Lifle, And was to mee an intelligencer of times paffed, I often talked hereof, 
both with this lord Henry and with Sy Thomas, And told them at feverall times, 
what evidence I had found, and bound up togeather with the former unhappy 
papers, which both of them feemed earneftly to wifh they had at firft, or before the 
fuits, been found ; for then, (faid this lord Henry,) I had faved many waies much, 
and kept my leafe and prevented other mifcheifs that fell upon mee, and my houfe. 
^ntl, quoth Sr Thomas, I had then faved what I fpent in thefe fuits, more by one 
thoufand pounds then the leafe I overthrew was worth ; befides that fome great 
freinds of my lord Berkleys deeply afterwards revenged his quarrells upon mee in 

other 



i6i3 



Uife of J^mrp tlje fit^t 



313 



other law fuites I had ; and oppofed my preferrment at Court with yl Queen ; | 
with other like words on either part : 3llnll both of them blamed the provocations 769 
of their fervants ; And (as this lord then told mee) the reprochfuU words caft out 
by Sy Thomas Throkmerton againft Henry Grantham, calling him bottle nofed 
foole, wherein hee reproched the worke of nature in his face : And obje6ling to 
Anthony Huntley, beggarry and the illegitimation of his birth, with rudenes of con- 
dition ; And taunting the youth, forwardnes and religion of the faid Humphry 
Alfop, foe overheated the two former, That they multiplyed fuits againft Sir 
Thomas like the heads of Hidra : Soe farr forth fuffering their paffions to tranfport 
them, That infteed of rakes and Sheafpikes to gather Tithe in Harveft in the 2 2'^ 
of Elizabeth, they carried their workfolks out of Berkeley Town armed with fwords 
and bucklers, halberds and fuch like weapons ; By which improvidence they gave 
great advantage to their adverfary, whofe warines quickly apprehended it, And caft 
upon forty of themfelves, the fortune to bee juftly endi6led at one Seffions and fined 
for their folly. 3(lnll afterwards when the right of the leafe in point of title came Hitt: 22. Eliz. 
to receive tryall at the kings bench barre. This lords faid Sollicitors thought it l°ai^^^ ' '" *"*^'' 
fuffrcient to give in Evidence fower or five witneffes, (of hearfay and credibly 
beleiving,) exemplifyed under the great Seale ; And never looked at or after thofe 
materiall proofes, (omni exceptione maiores,) before mentioned ; Nor into the certi- 
ficates, Nor Surveyes of thofe Commiffioners imployed by king Henry the S'.'^at the 
diffolution of that Monaftery, Nor into the accompts of the lady Anne Berkeleys 
receivor in the firft fower years of her leafe. Nor afterwards in the Court of Aug- 
mentations till the eretlion of that Bifhopricke, Deane, and Chapiter, where they 
might have found both the leafe proved, and the rent alfo each half year paid. 



%Uet the faid Tryall at lawe at the barre in Efter terme in the 2 2'^ of 
Elizabeth, thofe two Sollicitors, Grantham and Huntley, complained to this lord 
of the partiallity of the Jury, wherein they further erred, for they fhould have 
complained of the indifcretion and infufficiency of themfelves,, as meerly unable to 
make head againft foe powerfull and plotting a gentleman as they had to buckle 
withall ; And I have heard the faid Humphry Alfop, (who after grew to a better 
underftanding in the lawe fuites and tenures of this lord,) expreffely cenfure Grant- 
ham and Huntley out of his knowledge | to have both foolifhly and infufficiently 770 
followed thefe caufes : which Alfop fhortly after did this lord Henry good fervice 
in caufmg him to depart from a propofition made by the Earle of Leicefter, clofely 
put on alfo by Sir Thomas Throkniton, for an exchange of thefe and more lands of 
this lords in the county of Gloucefter, parcell of his Barony of Berkeley, for longe 

Itchington 

2 S VOL. II 



Banco regis 
22. Eliz: Hilt: 
rot. 596. 



314 



€t)e %it>eii of t^c ^ctMc^0 



1534 



Anno. 1581. 22. 
et. 23. Eliz. 



Itching^on and other the faid Earles lands in the County of Wanvicke, which was 
likely by their wilines to have taken effedl, whilft this lord Henry and his lady lay 
at Ivy-bridge, at that time commanded by Queen Elizabeth to attend the cominge 
of Monfieur out of ffrance ; An attendance which in thirteen weeks coft this lord 
and lady two thoufand five hundred pounds. 



Eliz. 



2£>rforc thefe fuits began there were fome others precedent concerning certaine 

Trees which Sir Tho. Throkniton had cut down upon his leafe of Appleridge by 

Pafc!i. 19. Eliz : newparke, which hee held of this lord for one and twenty yeares by a demife in the 

rot 324. et. 224 m j a'.h of Eliz :, raifed fomewhat harfhly againft him, thofe times confidered. 
banco regis. ■' ° 

3finb after thefe fuites, (as a fiery comet drawes her taile,) pulled on many 
Annis. 29. €t. 30. more, for huntings in this lords parks by S' Thomas and his fervants and others 
in relation to him, which in the Starchamber and Marches of Wales were not 
quenched of feaven years after. 

3llnb befides, when, upon a fpetiall verdi6l given, the faid S' Thomas Throkniton 
perceived the Court upon the firft argument or reading of the record to encline 
againfi: him, hee corrupted one Green, (as this lord Henry then charged him, and 
like enough to bee true,) his then Atturney, to fufifer Judgement againft him for 
want of looking after ; Notwithftanding the Court in favor of this lord and of that 
caufe, whereof they had well conceived, gave rule upon rule for divers termes 
togeather. 



Hum : Alfop 
Tho : Dennis 



5Iltlll two of thefe Sollicitors, (as this lord longe after told mee,) caufed to bee 
burned in his chamber in his prefence, a great bundle of Court rolls Accompts and 
other Evidences, as feeming hurtfull to that title ; which in the 26'.'' of Elizabeth 
(formerly mencbned) was in the Exchequer tryed againft him ; and efpecially about 
yyi the Leet of the upftarted hundred of Wotton ; whereas to one that | knew how to 
handle thofe weapons, they were ftronge defences in his hands, and to have been 
turned to the adverfaries reproofe ; As fome of the like kind which efcaped that 
fire were in the firft fix years of king James, as after will appear. 

•Ctjiiei I know, that as I once expoftulated this unadvifed martirdom of thofe 
evidences with one of thofe Sollicitors, who yet liveth, whofe advife efpecially con- 
demned them to the fire, which hee could not then defend, Soe I now miffe them 
for the more compleat enlargm' of thefe relations in the lives of thofe lords that 

lived 



i6i3 Hife of i^ciirp tlje firsft 3' 5 

lived in the time of king Henry the fixth, Edward the fourth, and king Henry the 

feaventh : And to make more apparent foe much of thefe former paffages, (which, 

with diflike, I confefs to fcrape fomwhat harflily upon the dead,) I have within two 

years lad caft into the evidence houfe at Berkeley divers breviats, notes, tres, and ^.""o 1616. 

copies of Lres, written by this lord, Sir Thomas Throkmton, Sir Nicholas Poyntz, 

and others, to Judges, honorable freinds. Officers and fervants, received from John 

Garlicke, in theis times fpecially imployed by Sir Thomas Throkmerton, whofe 

follicitor and underfherriffe hee was ; and principally alfo imployed in thofe affaires 

under Sir Nicholas Poyntz his Qrft mafler, who (as his tres declare) made himfelf 

a freind and party in favor of Sir Thomas Throkmerton againft this lord Henry; 

and laflly was fervant to this lord Henry by my preferrment, as Clark of his 

Kitchen at the time of his death, and yet living at Tortworth ; which make good Anno. 1618. 

all and more, (eiufdem farinae, of the like courfe bran,) then is formerly written ; 

two of which tres, the one from Sir Thomas the other from Sir Nicholas, I have foi: 763. 764. 

inferted verbatim a few leaves before. 

SCftcr Queen Elizabeth had in the 26'^ of her raigne granted to the faid Earles 
of Warwicke and Leicefter and their heirs (amongft other lands,) the third parts of 
the manors of Came Hinton and Slimbridge, as before is written, They in the year 
following brought againft this lord a writt of Partition, to have the faid Third parts Trin. 28. Eliz : rol 
of the faid Three Manors allotted to them in feveralty ; whereto this lord pleaded, ^39- >" Scots 
non tenet infimul et proindivifo. And upon tryall at the comon pleas barre the Jury 
gave a fpeciall verdift, which being of length, (this lord nothing haftning himfelf 
in a bad market,) the Earle of Leicef", before it could bee entred of record, dyeth 
the fifth of September in the thirtieth of Elizabeth, and foe that fuite abated : Anno. 1588. 
Howbeit to the end that that verdi6l might bee in one kind or other of record, A 
bill I was afterwards in the 42'^ of Elizabeth exhibited into the Court of Wards by 772 
the faid Anne Countefs of Warrwick againft this lord Henry and others, wherein Anno : 42. Eliz: 
this longe fpeciall verdi6l was made an I[n]terrogatory, (the longeft I think that 
ever was,) And Mr Scot the prothonotary, M' Waller then his Secondary, (now in 
like office to his mafter,) and M' Ethrington a clarke of that office, were examined 
thereupon as witneffes ; by that means to make the fame of record to pofterity, 
which afterwards the faid Counteffe exemplifyed under the Seale of that Court, and 
is now amongft the lord Berkeleys Evidence in Berkeley Caftle. 

5llnb truth bids mee tell this family from the mouth of the forenamed Humphry 
Alfop, then this lords Sollicitor, and of old William Bourcher then his Atturney in 

this 
2 s 2 



*» 



3 '6 Cf)c HibeiBf of tlje 55crhrtepjflf 1534 

this Exchequer Court, That upon this tryall in the 26'^ of Elizabeth the Queens 
Counfell at the barre waved all the quillets, faying they would give noe evidence 
for them ; Howbeit by pradlize and greatnes becaufe they were in the Information 
they were foifled into the verdidl, which themfelves drew up and entred of record, 
whereby without any evidence or verdidl given, Judgement was entred, and this lord 
turned out of Corriets, Holts and other parcells, which hee could never help ; 
Whereat let thofe only marvaile that knew not the parties, pi' and def, nor what 
time and Court greatnes can doe in the Exchequer court in the kings cafe. 

]^Oto thefe lands with many others after the deaths of the faid Earles of Warr- 

wick and Leiceft;er came to the faid Counteffe of War? and her heirs, I have before 

written ; who defiring as the faid Earls had done to have the faid third parts of the 

faid three manors of Cam Hinton and Slimbridge fet out in feveralty from this 

Hill: 39. Eliz:rot lords Other two parts, thereby the better to make her profit, fhee likewife in Hillary 
327. in c6i banco. _ . , ,1, r t-i- i i i 1 • r ■ ■ • r. . . 1 1 1 

1 erme m the 39 . of Elizabeth, brought a wntt of partition againlt this lord, who 

pleaded as before a non-tenure in coinon ; the Jury at the barre the 22'!^ of Novem- 

vide antea fol : ber in the 40'^ of Eliz., being all knights and Efquires of remarkeable houfes, found 

8. et 8i. fpecially as the former Jury had done twelve years before ; After argument by 

Counfell on both fides Judgment was given, That partition fhould bee made for the 

third parts of the two manors of Cam and Hinton, but not for the third part of 

the manor of Slimbridge, wherein the law fell out for this lord : At which tryall ( 

773 was this lord Henry himfelf, accompanied with his brother in lawe the lord George 

Hunfdon lord chamberlaine to her Ma''.', and others ; As alfo were many honorable 

perfons on the behalfe of the faid Counteffe : The evidence at barre lafted from 

eight in the morning till fower in the afternoone, nothing I think left unurged or 

defended that art or learning might afford, or at Barre or Bench bee uttered : 

The Sollicitors on both fides had the publicke commendation of the Court and of 

the parties, wherein though this lord Henry prevailed only for Slimbridge, yet 

Careat fucceffibus opto, 

Quifquis ab eventu fafta notanda putat. 

Ever let him want an hopefull happy end, 

Which by the iffue, doth the A61 coinend. 

The event is noe juft mete-wand of mens endeavours. 

^nt of which Jury was ffrancis Heydon, an Efquire dwelling in Hartfordfhire 
but a fifreeholder in the County of Gloucefter, (as many others were refident in 
feaven other Counties,) fom times a Counfellor at lawe, which was not unknown to 

this 



i6i3 Uift of I^cnrp tl)c fit^t 317 

this lord Henry nor his Sollicitor, And therefore had been challenged, (upon other 
fufpition of not ftanding indifferent,) but that one Wiftm Cotton, a gent depending 
wholly on the faid lord Hunfdon, undertooke for his indififerency yea and favour as 
for his own foule, for foe to my felf were his words when I told him the caufes of 
my fufpition of him ; whereto againe hee replyed, That if hee were challenged wee 
above meafure weakened our tryall and good hopes, And that for him hee would 
undertake at his perill, with other like confident words, wherein I affure my felf hee 
meant faithfully, though hee was extraordinarily deceived : But furely many of this 
Jury were beforehand acquainted with the caufe by both parties, which was not 
unknown to either fide : After their departure from the barre and longe debate 
amongft; themfelves, they all agreed to find for this lord Henry the tenant a non 
tenet pro indivifo generally for all the three manors, whereto this M' Heidon gave 
confent with his fellowes : Howbeit telling them That to find fpecially as hee would 
draw it up in notes would amount to as much for this lords benefit as a general! 
non tenet would. And foe alfo fhould they deale refpeftively towards the memory 
of thofe Jurors who had in former tryalls found otherwife. And | alfo more modeftly 774 
towards themfelves in not taking upon them over boldly to determine the lawe in 
points that feemed fomwhat doubtfull. And alfo lefs offend the loofing party : 
whereto they affenting, hee purpofely (doubtles having the fame formerly prepared,) 
foe drew up the note of their verdidl That the law fell out againft this lord for 
Came and Hinton, as hath been faid; And foe (by his advantage of learning) 
abufed the truth of his own confcience, and of all his fellow Jurors : ffor which 
Tracy, (now baronet,) Pleadall, Lambert, Carter, and Webb, Efquires of good 
underftandings, his fellows in that Jury, termed him a devill in their joynt and par- 
ticular conferences afterwards with mee and fome others, gentlemen ; with whom 
many years before and after I familiarly converfed. And with the fiflers daughter of 
M' Webb, after maryed. 

3[n Hillary Terme in the 4I'^ of Elizabeth went out the writ to y' Sherriffe, 
then Sf Edward Wintour of Lidney, to make partition of the faid Manors of Cam 
and Hinton, which hee in perfon began to execute affifled by a fubftantiall Jury the 
27'^ of March, continuing his paines therein till Efter Terme, with fuch uprightnes 
as I could not in all that time, though daily prefent, obferve to whether party hee 
inclined ; yet was hee challenged from of the principall pannell in this tryall for 
kindred by his wife, daughter to the Earle of Worcefler, to the demandant ; The 
verdidl of which Jury, which containeth a perfe6l Survey of thefe two manors, Terme Pafcft 
refteth filed in the office of the faid Scot the prothonotary. ■♦'• ^^*^- 



3«8 



-Cl^c %i\icfi of ttjc 25crkclcpief 



1534 



Trin : 41. Eliz : (^[fjj next Terme after, this lord brought a writ of error removing the record 

into the kings bench, hoping to reverfe the Judgement formerly given for the third 
Pafcli: I. Jacobi parts of Came and Hinton, and affigned errors which were in Efter Terme in the 
firft year of king James that now is, argued by Mr George Crooke and M'. John 
Dodderidge, (after Judges in the fame Court,) and S' Edward Coke then Atturney 
generall, (after lord cheife Juflice and Counfellor of State,) for this lord Henry ; 
And by M' Thomas Stephens, (after Prince Henries Atturney,) and Serjeant 
Tanfeild, (now lord cheife Baron,) for the faid Counteffe of Warrwick : In Trinity 
terme after, the Judges themfelves purpofed to have argued but that Terme was 
775 adjourned in regard of the plague then | raginge in London, And alfo the greater 
part of Michmas Terme was cut off for the fame caufe, and the refidue adjourned 
to Winchefter; whereupon the Judges were againe moved to have argued in Hillary 
terme following, which was prevented by the death of the faid Counteffe the de- 
maundant, happening on the ninth of ffebruary ; whereby the faid writ of Error 
abated. 



Trin. i. Jac. 



Tenn: 
Hitt; 



Mictiis 
I. Jac. 
I. Jac. 



Sept. I. Jac, 



Carta fub figillo 
in Caflro de Berk: 



311nl), (as by office after her death found in Her[t]ford(hire in Septr following 
appeared,) all the Manors and lands formerly mentioned to bee recovered upon 
both the faid Informations againft this lord Henry, were by her conveyed to Sir 
Robert Sidney then lord Sidney, after vifcount Lifle, and now Earle of Leicefter, 
and his heires ; Againft whom this lord to the utmoft of his Strength purfued his 
Weftminfter hall warrs, hoping to change his fortunes with the change of time and 
pei^fons ; The faid Counteffe having charged thofe lands with payment of Thirty 
pound p anil for ever towards the releife of twelve poore men and women in her 
hofpitall of Cheyneis, whereof it is of late agreed, That two men and one woman 
fhall perpetually bee taken from this lords markett town of Wotton and fucceed one 
another. 



Banco regis. 

Micfiis I. Jac : 

rot. 147. 



Micliis 41. 42. 
Eliz: 



%0 tDfll at the death of Queen Elizabeth as at the death of the faid Countefs 
of Warrwick, eleaven monthes after, were divers fuits in divers Courts depending, 
not only between this lord Henry and the faid Countefs in their own names, but in 
the names of their freinds tenants and fervants alfo ; whereof one was brought by 
my felf againft John Denton and Thomas Horfman, two under baylies to the faid 
Counteffe of her pretended hundred of Wotton, wherein the iffue was. Whether any 
hundred called Wotton hundred was within the County of Glouc, or not : They 
affirmed it ; I denyed it, wfiereby the proofe refted on their parts being deff ; The 
other was brought by Thomas Payne of Uley againft the faid John Denton and one 

John 



i6i3 



Hifc of I^mrp tlje f ic^t 



319 



John Morris another of the faid Counteffes underbailies of her faid pretended hun- 
dred, wherein the iffue was Whether that village of Uley was within the Leete of 
her manor of Wotton, and within the hundred of Wotton, or not ; Payne, the Pli 
denyed it, the def'.' Morris and Denton affirmed it, whereby the Proofe alfo refted 
with them. Of both which it after followeth. 



rot. 25. 56. in coi 
banco. 



UCftcr Queen 'Elizabeth had recovered the manor of Wotton, and had granted 
the fame to the Earles of Warwick and Leicefler in fee, | and that they had ex- 
tended the fame to confift of the Burrow or market town of Wotton and of the 
fower villages and hamletts of Nibley Sinwell Comb and Wortley, They endea- 
voured alfo to ere6l a liberty therein and to call the fame the hundred of Wotton, 
and to make fuch an hundred appendant to their manor of Wotton ; wherein they 
at lafl prevailed, And an hundred of Wotton was really in effe. And an high Bayly, 
underbailies, high Conflables, high Steward, and underfteward, and all other officers 
appertaining to fuch a liberty were elefted and ere6led, who executed their feverall 
Offices and places the fpace of thirteen years or thereabouts : And the like officers 
of this lord Henries within his hundred of Berkeley were inhibited to intermeddle 
in any fervice appertaining to any of their offices or places within the parriflies and 
villages of Wotton, Simondfall, Nibly, Bradly, Huntingford, Combe, Wortley, Sin- 
well, Oulpen, Erlingham, Uley, Cam, Cowley, Durfley, Woodmancote, Cromhall, 
Kingfcote, and Warrens Tenants in Nibley ; As though thofe Townfhips had been 
removed out of this lords ancient hundred and liberty of Berkeley and fetled within 
this new created hundred and liberty of Wotton. 



776 



25p mariage of the widowe of John Drewe Efquire in Oftober in the 39* of 
Elizabeth my felf fetled in Nibley aforefaid, and all I could oppofed daily in all 
meetings in the County againft this Ufurped hundred of Wotton, the rather becaufe 
I was then become acquainted with the law fuites of this lord, quarum pars parva 
fui, and his lord"? Steward of his liberty and hundred of Berkeley, under his fee : 
And not only an hundred or liberty of Wotton was thus erefled, but a Court of 
pleas alfo for tryall of all a(5lions ever}' three weeks at Wotton where the debt or 
damage exceeded not forty fhillings. And alfo a Court Leete or view of frankpledge 
of the refiants within almofl all of the forefaid parifhes and villages, to the great 
difhonor and diminution of the inheritance of this lord, his profits and regalities : 
Againfl thefe ufurpations I oftentimes upon occations publikly protefted, afwell 
before the Judges and Juflices of the peace at affizes and quarter Seffions, as at 
other meetings; And fomtimes, (which I commend not,) I fell upon the perfons 

of 



Paine v'fus ffouch 
Hill. 40. Eliz : rot. 
1 154. in banco — 
touching this 
Court of pleas. 



** 



320 i^e libcjef of tfye ^etMtp^ 1534 

of thofe officers and fervants, telling them, partly plainly partly ironically, what 
dangers they caft themfelves into by this ufurpation over the kings fubjedl, minif- 
tring oaths at their Courts and otherwife without authority, having neither warrant 
by Comiffion nor prefcription foe to doe. By which means many Inhabitants in 
thofe places withdrew themfelves, and the whole building began to totter, and much 
777 talk was of thefe | their and my proceedings ; whereupon by direftion of the faid 
Counteffe or her faid learned Counfell in London, or by her officers in the County 
of Glouc, an action of debt, (meerely imaginary,) of a beggerly fum of fixpence was 
in the name of Ambrofe Jobbins, a tenant to the faid Counteffe and dwelling in 
Nibley, fcornfully entred againft my felf in the hundred Court held each three 
weeks at Wotton for that hundred, where they were affured I would not appeare : 
Soinoned I was with a loud voice to appeare in the hearing of all my neighbours 
as I came out of my parifli Church on a funday ; And my man at the fame time 
arrefled at my heeles in the churchyard upon noe better a ground then the former 
adlion, by vertue of a Warrant from the Sherriffe diredled to the Bailies of the 
hundred of Wotton : The Court day came, I appeared not ; An Attachment was 
awarded and two of my cowes taken by the faid Denton and Horfman, to draw 
mee to appearance ; for which taking and chafing of my kine I brought the faid 
a6lion againft them, wherein the iffue was as before is mentioned, I denying that 
any fuch hundred as Wotton hundred was in the County of Glouc. ; 3llnll if the now 
lord George or his pofterity ftiall defire to underftand what proofes either party had, 
they to prove their Wotton hundred, I the negative that there was noe fuch : but 
that afwell the markett Town of Wotton it felf as all the other parifhes and villages 
were within the hundred of Berkeley, I referre them to the large breviats which 
with the pleadings I have bound togeather and caft amongft the Evidences at 
Berkeley ; And if they Judge the proofs overlarge in each kings time, from the 
Conqueft to the 37'!* of Elizabeth, let them think that my reputation was ingaged 
in the fuite, and the purfe this lords that defrayed the charges of thofe fearches and 
exemplifications; This iffue was joyned in Michaelmas Terme in the firft of king 
James, And by the def'.' motion ordered to bee tryed at barre in Efter Terme 
following ; but in Hillary terme before, the faid Counteffe dyed, as hath been faid : 
The Jury appeared in Efter Terme according to their fommons. And being ready 
to bee called, the lord Sidney being himfelf in Court, prayed by his Counfell to 
have the tryall deferred till Mictimas Terme following, for that the title thereof by 
the conveyance of the faid Counteffe now appertained to him, And that none of her 
Evidence that fhould prove this iffue were yet come to his hands, with divers other 
allegations ; wherto I did in open Court affent, foe that this lord might exhibite his 

bill 



i6i3 Hife of ]^ntrp tf)e fit^t 321 

bill in Chancery | againfl the lord Sidney, and that hee would without proces forth- 77° 
w'!" appear and anfwer thereto, And that the Witneffes which then were brought up 
out of the County, being very aged men, might bee examined thereupon and publica- 
tion forthwith granted. All which was by the Court ordered accordingly : The bill 
was exhibited, Anfwere made, and eight witneffes on the part of this lord Berkeley 
examined that Terme upon Interrogatories, who depofed fully and diredlly to many 
excellent purpofes touching Berkeley hundred and the liberties therein ufed, in 
granting Replevins, felons goods, &c. And touching Wiftm Cheflers divideing of 
Berkeley hundred in the ^y^^ of Elizabeth, then high Sherriffe of the County 
of Glouc, and his eftablifhment of Wotton hundred, not fully before created. 
And of this lords tres and meffengers to him about the fame, and his anfwers 
thereto, with other neceffary matter, which otherwife then by this means had never 
remained to the knowledge of poflerity : All which are exemplified under the great 
Seale, and reft in the evidence houfe in Berkeley caftle, whofe materiall ufe alfo for 
other purpofes elfwhere is declared in thefe relations ; but on the part of the lord 
Sidney was noe witnes at all examined. 

3[n the beginning of Michaelmas Terme following, the lord Sidney twice in 
perfon, S' Robert Wroth his brother in lawe, and S^ Henry Mountague his cozen, 
(now cheife Juftice,) came feverally to the black fryars in London, where S^ Thomas 
Berkeley this lords only fon and the lady Elizabeth his wife then dwelt with her 
mother the lady Hunfdon, and earneftly follicited an end of this and other like fuits 
then depending; And at my coming to London from labouring my Juries apparance 
ten dales within the Terme, fifrancis Woodward the faid lord Sidneys Sollicitor came 
divers times to my chamber in the middle Temple, and in his lords name moved 
mee to have thefe fuits referred to the ending of freinds, alleadging the love that 
was between this lord Henry and his lord : how kindly in extraordinary fafhion his 
lord tooke the noble entertainment which the lord Berkeley gave him at Berkeley 
Caftle not feaven weeks before. And how this reference was like to draw to con- 
clufion all other titles of land between them, with the like p'fwafions : The end was. 
That the evening next before the tryall fhould have been at the barre, all matters 
touching the faid liberty and hundred of Wotton, and | the Leet aforefaid, and 779 
returne of Writts, were by the over-rulinge hand of S": Thomas Berkeley and his 
wife, referred to the arbitrement of S' Thomas Fofter Serjeant at lawe and the faid 
S' Henry Mountague ; And as well that Jury of mine as one other which was the 
fame Terme to have appeared in the Comon pleas upon like iffue between the faid Com. pleas. 45. 
Jobbins p\\ and Oty and Benyard, two of this lords und.^-Bailies of his hundred of t^r'a mir^^ '^^ 

Berkeley, 

2 T VOL. II 



322 



€f)c Uititfi of tfje ^etMt^0 



1534 



Judic: de Pafch 
2. Jac : Scot 



Berkeley, def" to bee difcharged. Of the Jury wherein I was pi?, nyneteen the 
next day upon calling appeared ; To every of whom by affent was given twenty 
fhillings by this lord Henry and ten fhillings the peece by the lord Sidney, towards 
their charges, and foe returned into their Country, 



-Cfje two arbitrators met three times that Terme at the faid black ffryars, and 
twice in the vacacon following, and heard Counfell on both fides ; At which times 
were prefent both the lord Sidney and S' Thomas Berkeley and his wife ; And 
after perufall of all evidence fhewed on either part, and mofl; affured I am, of all 
that could bee fhewed for the lord Sidney, (though I kept back half at lead, I mean 
five hundred deeds and peeces of evidence, which I had drawn togeather in feverall 
ages from the Conqueft, fearing noe end would have enfued in the liking of this 
lord Henry ;) An award after much turmoiling was agreed upon and fealed, dated 
March : 2 : Jac : the fifth of March following, wherein it was awarded and declared That all the 
Villages and Hamletts pretended to have been within the hundred of Wotton were 
within the hundred of Berkeley ; That there was not nor ought to bee any fuch 
hundred of Wotton in the County of Glouc : That the liberty of returne of writts, 
afwell within the hundred of Berkeley as within the fuppofed hundred of Wotton, 
did of right belong to this lord and his heirs : That the lord Sidney nor his heires, 
fhould not keep nor ufe any hundred Court, or Court of pleas, with other branches, 
as by the fame appeareth ; both parts whereof are now in Berkeley Caftle. 



1604. 



(Upon the conclufion whereof, the bailies high Conftables Stewards and other 
officers of the faid Hundred of Wotton 'and Courts thereof, by verue of the lord 
Sidneys Lres fent to them, (whereof I had the cariage,) furceafed their places and 
all further intermedlinge : And thus was the fall and ending of that pretended 
liberty leet and hundred of Wotton, and of all the officers and Minifters thereof, 
780 which had for twelve years | or more extreamly troubled the Country at each affize 
and Quarter Seffions, and in eight or ten bills at leaft before the Counfell in the 
Marches of Wales : And the lord Sidneys receiver had dire6lion to pay mee for 
my two kine. And the faid Thomas Payne for two young beafls of his, for which 
hee brought his forefaid aftion : which was performed. 

Hill : 40 : Eliz : 'CljijEf Thomas Payne brought, in behalf of this lord, one other a6lion againft 

rot: 1154.111 John ffouch an underbaily to the faid Counteffe, for breaking his houfe at Uley 

within the hundred of Berkeley, and thence taking away his gelding ; Wherein the 

iffue was, Whether Paynes houfe in Uley was within the hundred of Wotton or 

not : 



i6i3 



Eife of i^ntrp t|)e fit^t 



323 



not: In this fuite, a repleader was awarded, and afterwards a demurrer : Afterwards, 
by unufuall pleadings, this matter came about againe. And in the end Payne had 
Judgment upon the former iffue : In this fuite the labor was laborious and coflly, as 
the large breviats, foe plentifull of records and proofs on Paynes part, which re- 
maine in Berkeley caftle will witneffe. 



Mictiis : 43 et 44. 
Eliz : rot : 2447. 
in coi. banco. 



Trin : Terrae. 41. 
Eliz : in Cur 
wardos. 



3in the times of the former fuits the faid Counteffe of Warrwick exhibited her 
bill in the Court of Wards againft this lord, Humphry Alfop, and my felf, touching 
a fuppofed razure of a Deed of the Manor of Slimbridge, made by Alice de 
Berkeley the widow of Maurice the firft unto Robert her fon and heire, whereby Seefol: 771. 772, 
fhee deftroyed the guift of frankmarriage of that manor ; wherein witneffes were 
examined, and much labor and money fpent. And in the end difmiffed ; whereby the 
title of this lord Henry to that manor was the better ftrengthened. %vSi in the five • 
lafl years of Queen Elizabeth were many other fuits in feverall Courts, put on 
afwell by this lord Henry as by the faid Counteffe, both in their own names, and in 
the names of their freinds, fervants and tenants, both touching the faid upflart 
hundred of Wotton, and other their poffeffions ; %^ the faid Ambrofe Jobbins was 
pi? againft James Oty and Thomas Benyard two of this lords underbailies of his 
hundred of Berkeley, wherein after iffue joyned, which was whether a place in 
Nibley called Moore clofe, wherein the def? diftrained the pits oxe, was within the 
hundred of Berkeley or not ; and the apparance of feaventeen of the jury at 
the coinon pleas barre the 2* of May in the fecond year of king James, the pi' 
before evidence became nonfute, and paid cofts. | 



Hill : 45. Eliz : 
rot : 637. in banco 
mictiis. 42. et. 43. 



Eliz: 

3In the 39'^ of Elizabeth, Thomas Crofts of Arlingham who is by cuftom 781 
perpetuall tythingman of that Townftiip, by the inftigation of the Counteffe of ^qJ ' ^'jn banco 
Warrwick his landlady, brought an ac^lion of trefpaffe againft William Atwood this regis. Glouc : 
lords Baily of his hundred of Berkeley, for entring his houfe and taking thence his 
goods : Atwood anfwereth That the pi' dwelling within the leet of Berkeley hun- 
dred was thereat amearced for non-apparance, for which amerciament hee entred 
his houfe and diftrained, as was lawfull for him to doe. Atwood died in January 
the next yeare, by whofe death that fuite ended. 

31n6 the faid Counteffe of Warwick was pi? in the kings bench againft Thomas Mich : 38. 39. 
Williams another of this lords underbailies of his hundred of Berkeley, in an accon 313. in banco 
of the cafe, for infringing her fuppofed hundred and liberty of Wotton ; wherein a ""^g'^- 
non vult profequi was had againft her, and cofts of fuite awarded to the def! which 
fhee paid. 

2 T 2 



324 



€^e HitfjBf of tijc 25crfedcp3Bf 



1534 



Pafch. 41. Eliz : 

Glouc: rot. 331. 

in banco regis. 



Pafch. 40. Eliz : 
rot ; 



QCIje^O the faid Counteffe of Warrwick was pit in the kings bench againft 
William Davis this lords high-baily of his hundred of Berkeley, in an accon of the 
cafe for his entries into her hundred of Wotton, in execution of his office as Baily 
of the hundred of Berkeley, wherein fhee after much ftruggling, fearing tryall by 
Jury, entred a non vult profequi. 

%\0O this lord Berkeley, in the fortieth of Elizabeth, was pit againft John 
Denton an Underbaily to the counteffe of Warr of her fuppofed hundred of 
Wotton, for ferving of proces within his hundred of Berkeley, whom this lord 
punifhed by that a6lion. 



Pa:2: Jac:in SlIjEfO, in the firft and fecond years of king James, Richard Browne of Cam 

banco regis, et in ^j^^ Edward Trotman of the fame, John Andrews and others of Cowley, tenants 
at term 1. et. 2. ■' •' ' 

Jac : in banco et to this lord Henry, were pits feverally againft the H Denton for entring their houfes 
in anco regis. ^^ Came and Cowley, fomoning them by vertue of his office to appear at the Affifes 
and Quarter Seffions ; at what time my felfe in Trotmans houfe was holding the 
Halimot Court of that manor ; which hee juftified as Baily of Wotton hundred, 
and that Came and Cowley were within the fame hundred : ^n which times the 
wily officers and freinds of the faid Countefs clofely endeavoured the inditing a 
Stat: 8: Eliz :ca: 2. Sollicitor of this lords at Gloucefter Affizes upon the Statute of 8. Eliz : cap. 2. 
but prevailed not. 

782 Which Sollicitor, (ftudying for mettall of the like refining the better to | repay 

his debt with like coine,) obferved that one John Goodman, an ancient Barrifter of 
Lincolnes Inne, who had for divers years been a follicitor and of Counfell with the 
Earles of Warrwick and Leicefter in their faid fuits againft this lord, and after 
fteward of their Courts, had for divers years been neglefted and of late difgraced 
by one of thofe officers under the faid Countefs, repaired privately to his Chamber, 
and at laft foe fairly agreed with him That hee became of Counfell with this lord 
Henries fon and heire ; and foe well conceived of the language which this lords 
faid Sollicitor ufed, Jhat fhortly after hee gave him leave to fearch, afwell amongft 
the papers in his ftudy at Lincolns Inne, which were very many, as at his houfe in 
Hartfordftiire, from whence a fervant of that Sollicitors brought at feverall times a 
great Cloke-bag-full of Deeds under feale, exemplifications of records, accompts, 
courtrolls of thofe Manors foe recovered of this lord, breviats prepared for Counfell 
and other mynuments, with many tres and copies of Lres, copies of Accompts of 
the faid Earles, lawe charges againft this lord, and notes of what rewards the faid 

Earles 



i6i3 Uifc of ]^nirji rt)c fit^t . 325 

Earles of Warrwick and Leicefter gave to every Juror that tryed that iffue in the 
I4'^ of Elizabeth againft this lord Henry ; whereby the evidence houfe in Berkeley 
caftle is reflored to what it had formerly loft ; And thefe relations the more inlarged 
and better warranted then otherwife they could have been in thofe works of darknes 
thereby made manifeft to this family. 

3Cnb it may not bee omitted, That the faid Mf Goodman and one Mf Nuttall 
the two Stewards to the faid Earles of Warrwick and Leicefter, at the firft Courts 
of Recognition which they held after the faid recovery, did by dire6lion of the faid 
Earles draw into their hands from each tenants of thofe lands and Manors not only 
all the leafes and Copies which any of them had by grant of this lord Henry, but 
alfo all the Deeds Court Rolls and other evidence they poffibly could get wherein 
the name of Berkeley was mentioned, with intent to extinguifh the memorial! 
thereof from out of thofe manors for ever, as M' Goodman faid ; which being near 
fower hundred peeces foe drawn in are now by the divine difpofall of the Almighty 
in the poffeffion of this lord Henrys grandchild, whereby his name is by that their g^^^ ^"^ • 3 • 
a6l the more perpetuated to pofterity ; And not one tenant now living | holding 783 
any parts of thofe manors that hath not that name of Berkeley in the forehead or 
frontifpeece of fuch their leafe or Copy : whereas on the other part there is not one 
Lymme difcended from the loynes of either of thofe Earles to piffe againft a wall ; 
And the booke alfo by them then made ingroffed in Vellam, with all their glorious 
titles in Rubricks and guilt letters, is now likewife in the evidence houfe of this 
family. 

3ilb0Ut this time alfo it was, That the faid Sollicitor obferved in this lord 
Henry (then in the 7o'^ year of his age) a difpofition to caft off all further fuits 
in lawe, and to leave thefe titles to his fon and pofterity ; which to prevent, the faid 
follicitor obtained of his LoP to draw to a Conference at Callowdon two or three of 
his freinds and as many of his Counfell, with fome other of his officers ; before 
whom the faid Sollicitor opened fuch new matter not before known or given in 
evidence in any former tryall, as this lord, by their unanimous'advice, refolved to 
call againe the wholl lump of all that had been loft by him into queftion, by feverall 
aftions according to the diverfity of his titles ; And to begin with the manor of 
Sages ; And thereupon made a leafe for years to his fervant John Machin, for the saees. 
bringing of an accon of Eje6lione firmae in the Comon pleas for part of y! Manor Pafch : 3 : Jac : 
againft Edward Beard, a Copy hold tenant of parcell thereof under the faid Robert f°' ' ^"^"^ ^" ^°" 
Sidney vifcount Lifle ; who pleaded not guilty : wherein to the Jury at the barre 

were 



326 



€l)e Hibeiet of rtje S^crftclepjaf 



1534 



784 



were delivered more then three hundred peeces of evidence in that fix hours the 
tryall lafted ; whereat were prefent both this lord and the faid vifcount Lifle, with 
divers honorable perfonages which came as freinds to the hearing thereof ; wherein 
the pit Machin recovered ; At what time S' Thomas Walmefley one of the Judges 
of that Court, fpeaking as much almofl: at the bench on this lords behalf as any of 
his Serjeants at the barre, gave this for anfwere publickly, That having been of this 
L"! Berkeleys Counfell from the I3'^ of Queen Elizabeth, and thereby privy to all 
the paffages of his fuits till hee was made Judge, hee held himfelf bound in 
confcience to direft the Jury as hee did, which* was a great furtherance of the 
Verdidt : At what time this lord towards the end of the Evidence demanded of his 
faid Sollicitor where hee thought the verdi6l would bee ; who anfwered, wee are 
beaten from all our difcents whereon wee mainly relyed, and have caft it upon 
equity and the deeds of dures, And therefore the Jury may goe either way | with 
fafety ; Then, quoth hee, I fhall the better judge of your labors and my Countries 
love if I have the verdidl ; as the next morning hee had. 



Pafch : s : Jac. 

rot : 20. in banco 

regis. 

Micfi. 4. Jac : rot. 

547. in banco 

regis. 

Hill. 4. Jac : rot 

6. in banco regis. 



%fttt Judgment was given upon that verdi6l, the lord Lifle brought in an 
Attaint in the kings bench againft the Jury, being much unfatisfied with their 
verdidl, wherein after fome ftrugling a Jury of knights and Efquires was returned ; 
which Attaint having depended two years was difcontinued by him, though this lord 
Henry and the firft Jury urged him by many provocations to proceed, which noe 
doubt out of prudent grounds and obfervations hee thought not fit to doe, hee 
being in his own perfon a very able lord and a dilligent follicitor : The Evidence 
houfe in .Berkeley caftle will witnes to after ages the preparations towards the tryall 
in the attaint by feverall forts of Colleftions from lawyers. Antiquaries, Sollicitors, 
and others, and what forts of breefes for lawe, prefidents, reafon, fa<5l, and equity, 
were delivered to each of the petite Jury, and by them to others, containing alfo 
the reafons that moved them to give their verdi6l for the pit, as they did. 



Pa : 4 : Jac : 
in Cancett : 



Ci)!^ lords now thinking the times more opened towards his titles, refolved to 
loofe as little thereof as hee could ; And thereupon exhibited his bill in chancery 
againfl the faid vifcount Lifle, fetting forth That in the 1 2* of Elizabeth and longe 
before hee was feized of the Manors of Simondfall, Wotton, Arlingham, and Sages, 
the third part of the manors of Cam and Hinton, and of lands called Holts, & 
Corriets, and divers others in the County of Glouc; That about the is'."" of 
Elizabeth the Earles of Warrwick and Leicefter wrongfully entred into, and 
expelled him out of the fame ; And that they have fince levyed or caufed to bee 

levyed 



i6i3 



Uife of f$mtp ttft fit^t 



327 



levyed divers fines of the premiffes, thereby to barr his right and title ; Into which 

manors and lands, hee to preferve his right and title, hath made entries in the 

prefence of honeft witneffes which will teftify the fame : That the Earle of LeicT 

dyed, And the Earle of Warwick him furvived and conveyed the premiffes to Anne 

his wife and her heires, and dyed ; That fhee likewife conveyed the premiffes to the 

deft, And that likewife both the defend' and the faid Counteffe have levyed fines to 

barre the pit as aforefaid ; And that hee, for like prefervation of his title, hath made 

like entries in the prefence of honeft witneffes willing to teftifie the fame, | who are 785 

foe aged that they are not able to travaile to any Court of Juflice to teftifie the fame, 

whofe teftimony not being had would greatly prejudice him. And therefore this lord 

prayed that his witneffes might bee examined : |©J)ctCtO the vifcount Lifle after 

many delaies bn his part and as many preffures on the pits, made anfwer in 

November following, fetting forth all the particular verdi6ls in effe6l which had Ordo : 26 Nov. 

been had againft this lord, and all the other proceedings formerly mentioned. And 5- Jacobi 

concluded thereupon That if hee had any right the fam^e by that means was bound, examiner. 

And foe demurred : But the demurrer at laft was overruled and many Witneffes 

were examined both by Comiffion and in London by the examiner, And foe refled, 

which was the fole end of the fuite : Amongft which entries one was proved to bee 

by this lord himfelf in his own perfon into Weflridge woods in the mofl confpicuous 

place of all that manor, attended with too many for that buifineffe, though not for 

the honor of his Nobility. 

%t this time alfo William Bower fervant to this lord, brought an a6lion againfl Trin. 3 : Jac : in 

John Willis Wittm Trotman and others, wherein the title of the meffuage and lands banco regis, rot. 
called Holts came in queftion ; which by Jury was tryed at the barre the 21'? of 

May the year after, wherein the pit recovered his damages to 15"!, after abated by Term Pafcli 

the Court to — lo'i And 1 3'!- 11! for cofts of Suite. 4 ' J^^o^'^- 

3finD in Michaelmas Terme next after the former a6lion, the faid Wittm Mich: 3. Jac. 
Trotman brought his action in the fame Court againft William Bower for a trefpas '" banco regis. 
on the fame grounds called Holts, wherein the pleadings were curious, but pro- 
ceeded not to tryall ; And before thofe, between the faid Trotman and Richard 

Thomas, were alfo fuites in the Marches of Wales, and many Witneffes examined 

. , ir-iii u ■ t fi- -rr t -i ^ Anno pnmo 

between them touchmg the faid lands, w'=!' in the end was difmiffed that Court. . jacobi 



^!l)e fame Michmas Terme, James Atwood a fervant to this lord was PI? Pafcti. & Micfi 
againft Thomas Oilman a Copihold Tenant of the faid Manor of Sages, wherein 3Jac.m 



after 



regis. 



338 



€^ %m0 of rt)e 25n:hdepier 



1534 



Mictt : 3. Jac : 

rot: III. in banco 

regis. 



Trin. 4. Jac : rot. 

in banco regis. 

786 



after longe pleadings upon the title, they at laft grew at iffue, which came not to 
tryall. 

CljC fame Terme William Mallet fervant to this lord was pit againft the faid 
William Trotman, Wherein the iffue was Whether Shobenafh park in Hinton was 
the freehold of Robert Vifcount Lifle, (whofe tenant Trotman was,) or of this lord, 
who had leafed the fame to Mallet, which was never tryed through the default of 
Jurors, and after difcontinued by the pit. 

311lltl the like iffue, upon the freehold of the faid parke, was next yeare | joyned 
between John Merrit pit and the faid Mallet and others def'ts, wherein are pleaded 
the conveyances from the Countes of Warwick to the lord Lifle. • 



Hill. 4. Jac. 

rot : 848. in 

c6i banco. 



6 : Jac : 



Pafch: 7. Jac: 
in banco regis. 



3fn the 4'^ of king James, William Knight a tenant to this lord bro' an aftion 
of trefpas againft John Green SolHcitor to the lord Vifcount Lifle and Edward 
Horwood his tenant for part of the Manor of Sages, who juftifyed their entry under 
the recovery of Queen Elizabeth in the Information in the 26'^ yeare of her raigne, 
and of her conveyance to the Earles of War? and Leicefter, and from the furvivor 
of them by mean conveyances to the lord Lifle their mafter : Knight replies. That 
Maurice lord Berkeley brother of the Marquis dyed thereof feized, and the fame 
difcended thereby to Maurice his fon and heire, And foe to this lord as heire, and 
foe confeffeth and avoideth their plea ; But after thefe and other pleadings, which 
were large learned and chargeable, they fecretly corrupted the pit Knight, And the 
17* of November in the fixth of king James obtained of him a releafe of all adlions 
and demands, which in Hillary Terme after they pleaded of Record, And foe ended 
that a6lion with the infamy of the pit ; whofe perfidious treachery caufed this lord 
fhortly after to bring his accon of the cafe againft him, for falfly delivering up the 
poffeffion of a Meffuage and divers lands parcell of his manor of Sages to the lord 
Vifcount Lifle, which hee had taken for three years ; To requite which fuite the 
faid Vifcount, in the name of his faid Tenant Horwood, exhibited an angry bill in 
chancery againft a SolHcitor of this lords and one William Cloterbooke, then tenant 
to the faid meffuage, whereto was made fuch an anfwer the fame Terme, as that 
hee in that fuite proceeded noe further : And thefe were folded up in the Compofi- 
tion made between thefe two lords in Michmas Terme following, to the private 
loffe of that SolHcitor of — 80'i and more, through the interreft hee had purchafed in 
that faid Meffuage and lands ; to the loffe whereof hee rather gave way then to 
hinder the faid Agreement between the faid lords. 



i6i3 



Uifc of i^mrp t|)c fit^t 



%0 for the longe and tedious fuits touching the new warth and new grounds 
in SHmbridge, raifed by Arnold Oldifworth and George Thorpe Efq^' tenants to the 
faid vifcount, againfl; the Inhabitants of fframpton upon Seaverne upon the clofe of 
the faid compofition, I have mentioned them before in the life of Thomas y"! 2'^ | 



329 



fol: [225] 



Trin : 3. Jac. 



CI^C faid John Machin fervant to this lord was in the fecond of king James pit 7^7 

againfl James Dangerfeild and John Hobbs in an Eje6lione firmae touching Haw- j.^^ . jj -^^ 

park at Wotton, which upon bringing the writs of right for that Manor was in the banco regis, 
fifth of king James difcontinued by the pit. 



Sdl^O the faid John Machin was pit in the Comon pleas againfl Thomas Adams Pa: 4= Jac : 
Wittm Trotman and Richard Trotman three of the faid lord Lifles fervants, con 



cerning another part of Sages Manor ; wherein they largely pleaded all the meane 
Conveyances of their lord, whereof good ufe may bee made ; The entry whereof 
taketh up fower rolls of parchment at the leaft, which came not to tryall through 
the writs of right which at this time were by this lord brought for ending of all 
fuits, as after followeth. 



rot. 1943. in 
banco regis. 



3@intam Machin was pit, John ffouch and John Morris two under bailies of ^^p^ ■ 4- Jac : in 
the lord Lifle of his hundred of Wotton defendants, for an arreft made upon the 1656. 
pit at Berkeley, and confequently a falfe imprifonment of him, the place being in 
the hundred of Berkeley ; Judgement was given for the pit, and damages to — 
26'! 13' 4*! After by double rules in Court qualifyed to ten pound damage, and 
— 3^- 15' 6''- cofts which was paid. 



%t the fame time this lord was pit againfl the faid ffouch and Morris for in- 
fringing of his liberty in the hundred of Berkeley upon the former arreft, wherein 
the pit recovered 20' damages and his cofts to f': 



Mich: 4. Jac. rot. 
1655. in banco c6i. 



%t this time alfo this lord in my name profecuted an Ejecflione firmae againft Mich. 4: Jac: in 
Charles Clough and William Clough tenants to the grounds in Slimbridge called 
Newleyes, which after was compounded. 



^n this toffed and reftles manner many parcells of thefe controverted poffeffions 
having been banded by each party againft other, as either of them held moft advan- 
tageous to gaine profit or reputation upon the other; This lord Henry now prudently 
obferving that time with a fairer countenance fmiled upon him then formerly it had 

done, 

2 U VOL. II 



330 



Ct|c Hitic^ of tljc 25crhricpjtf 



1534 



788 



done, And that his Counfell and follicitors had dived deeper into the abftrufe under- 
ftanding of his title then heretofore, refolved with his Counfell and freinds to hazard 
the wholl at the next caft ; And thereby either to bring back all his lands into the 
old fould, or elfe unrecoverably to loofe them, and foe to end his daies in freedom 
from fuits ; And thereupon according to the three fold difference of his titles to the 
manors and lands formerly recovered againft him, hee forted the fame | into three 
feverall writs of right, which hee now fued out againft the faid Vifcount Lifle, as 
being the laft higheft and finall fuits of the laws of England, and fuch as none can 
bringe but tenants in fee fimple. 



Pafch: 7. Jac: rot. ^n the firfl writ was comprehended the manors of Wotton and Symondfall, 

■ "*'''• and the third parts of the manors of Came and Hinton. 



Etfdem terme et 
rotuK). 



3Itt the fecond, the manors of Arlingham and Sages and newleys, and the 
warth in Slimbridge. 



Trin. 7: 

rot : 



Jac: 
"3- 



311nll in the third, the lands of Holts and Corriets, by the names of a meffuage 
and two hundred acres of land in Alkington and Cam : In all which fomons was 
folemly given, and proclamations at the parifh Churches doors made in formal! 
maner, according to the laws ; which though the wife and prudent tenant, the lord 
Vifcount Lifle, feemed to Sleight and to bee glad of, as whereby hee would finally 
barre this lord Henry, and foe hold thefe manors and lands at quiet ; Yet this lord 
Henry had affured intelligence by a foUicitor of his, That hee was much troubled 
thereat. And the more, becaufe by the unexpedled coming of Thomas Adams, (the 
fon of the former falfe Adams,) into the Chamber of the faid Mr Goodman of 
Lincolnes-inne, fomtimes Thomas Adams mafler, and whom of feaven years before 
hee had not feene, (fuch are the chances of humane things,) yet hee found this 
lords faid Sollicitor fecretly in his inward chamber, perufing of fuch old breviats 
and other writings as Mr Goodman had, (upon a precontract between him and the 
faid Sollicitor with the privity of the faid Sr Thomas Berkeley,) drawn togeather, as 
before is touched ; from whence alfo by fecret watch not poflible to be prevented, 
becaufe unfufpeded, The faid Thomas Adams faw John Cornock the faid follicitors 
then ferv' to bring away a Clokebaggfull of evidence and papers, as before alfo halh 
been mentioned : All the delaies that either the laws admitted in fuch reall actions, 
or which learning and experience could devife, were ufed on the part of the lord 
Lifle, But in the end feverall iffues were joyned upon the meere right. Whether 
the tenant the lord Vifcount Lifle had more right to hold the lands as now hee held 

them, 



i6i3 



Uifc of i^mrp rf)c fxv0t 



33^ 



them, or the demandant this lord Henry to have them in fuch fort as hee demanded 
them: The principall Ehzors who appeared | with their fwords and fpurrs to returne 
the three Juryes for tryall of the faid iffues, in the beginning of Micfimas Terme in 
the 7'^ of king James, were S' Henry Poole, S' Edward Wintour, Sf Wittm Cooke, 
Sr George Huntley, S' William Throkniton, and S' Thomas Efcourt, knights: 
Thefe earneflly labored an end by applying themfelves to the faid Vifcount Lifle, 
and to Henry lord Howard Earle of NortfSton, whofe fifter this lord had maryed, 
and who openly fhewed himfelf a favorer of his brother in laws fuits, this lord 
Berkeley himfelf then being at Callowdon ; with each of which Elizors my felf had 
often conferrence, as alfo with the faid Vifcount Lifle Sr Thomas Tracy and others, 
from him : ^fn the end by their mediation an accord was made, and Articles drawn 
and figned the fame Terme bearing date the lafl of 06lober in the faid feventh 
yeare of king James, made between the faid Vifcount Lifle on the one part, and 
this lord Berkeley on the other part, by the mediation of the faid Sr Henry Poole, 
S' Edward Wintour, Sir William Cooke, S' George Huntley, Sr Wittm Throk- 
merton, and S' Thomas Efcourt, knights ; Whereby it was agreed, 



78g 

Mictias. 1609. 
7 : Jacobi. 



Articl : dat : 3 1 ; 
06tobris. 1609. 
7 : Jac : 



1. That all the manors, lands, liberties, and hereditaments of the faid lord 
Lifle fometimes belonging to the faid lord Berkeley or his Ancefl;ors, and then in 
queftion between the faid lords, fhould bee affured to this lord Berkeley his heires 
or affignes by the faid lord Lifle, as Counfell fhould devife. 

2. That all eflates rents and Annuities granted in writing by the late Earles 
of Warrwick and Leicefl;er, or the late Counies of War?, or by the faid lord Lifle 
before Michmas laft, contained in a fchedule, to bee allowed and enjoyed in like 
ftrength as then they were. 



3. That the lord Berkeley fhall pay in two years next at certaine dales ex- 
preffed— 8333" 6? 8"! which was after agreed to bee paid in hand. And — 7320''. to 
bee accepted in lieu of fuch ready payment, whereby much labour was faved in 
drawing up the affurance in that point ; wherein fome of the lord Lifles Counfell 
declared themfelves more than defirous to break off the faid agreement. And 
conveyances were drawn up and fealed accordingly, whereby afwell the faid 
Vifcount Lifle and William his then fon and heire, (fince dead without iffue,) as Carta 27 Novemb. 
the lord Henry, joyned in the conveyance of all the faid Manors and lands to 
Wittm Dutton Efquire and my felf, for the better uniteing of both titles, and 
fecuring our engagements for all that money ; And was executed by livery of 

feizin 

a u 2 ' 



33* 



Cl^e Hibcsf of tf)c 22»frftclfp^ 



1534 



feizin the 23* of December following on Weftridge Hill, the moft confpicuous place 
790 of all thofe Manors by | the fower Atturnies therein named, in the prefence of one 
hundred perfons at the leaft, Whereof the Maior of Wotton and thirty three others 
in the fame place fubfcribed their names as Witneffes, as by the indorfment of the 
Deed appears. 



ffine : Hillary 
7 : Jac : 



Recovery. Pafcti : 
8. Jac: rot. 57. 



Licence. 1. Sept. 
[Dec. ?] 7. Jac. 



0fn Hillary Terme after, afwell the faid Vifcount Lifle and the lady Barbara 
his wife and the faid Wittm their fon, As alfo the lord Henry and Sr Thomas 
Berkeley his fon, leavyed a fine, afwell of the faid Manors and lands thus moving 
from the faid Vifc', as of the Manors of Cam, Hinton, Cowley, Slimbridge, and 
Hurfl, to the faid William Dutton and my felf ; %n1i in Efler Terme following was 
a comon recovery of the faid Manors and lands w'!" a double Voucher againft the 
faid lord Lifle alone ; for the better perfe(^ling whereof. Surrenders upon Conditions 
were had of all the tenants for lives of any of the faid lands ; And the kings Licence 
for thefe alienations was dated the firft of December before. 



Trin rec: 38. Eliz: 

rot : 1 23. in fc»cio 

Hillarrec:37.Eliz. 

rot: 53. et. 106. in 

fc'cio. 

Mich rec: 40. Eliz: 

rot : in fc»cio 

Origin 1 : 2. Ph : 

Mai= ps. 2. rot. 68 

in fc»cio. 

Trin. 5. Jac : rot. 

1943. in cOi banco. 

et 4 Jac. rot. 

in banco regis. 

Hillai'. 4 Jac. rot. 

848 in cOi banco. 



5Cnb thus thefe manors of Wotton and Symondfall contained in the firft Infor- 
mation, after thirty eight years ; And the manor of Sages and the others contained 
in the fecond Information, after. 24. years. And the forefaid Hundred and liberties 
by violence for. 15 . years, wrefted from this lord Henry, returned againe into their 
old fheep fold ; whereby this* lord was as it were of new reinvefted in thofe his 
Ancient inheritances, being effentiall parts of his barony of Berkeley, then valued 
to bee worth — 350oo''.- Which compofition money foe paid for the fame, this lord 
raifed againe with the intereft in the next fower years, out of rents fynes and other 
cafualties of the fame Manors and lands, as by a particular accompt delivered unto 
him, and now in Berkeley Caftle, appears. ^UllO the Records heere marginally 
quoted will declare what conveyances were made by every of the owners of every 
of them in their feverall times after the tres patents of Queen Elizabeth ; And how 
all AUienations without licence, and meane rates and iffues, were difcharged and 
pardoned, very neceffary to bee known, afwell for avoydance of Exchequer troubles, 
as repofe of the title. And a pardon in the 3'^ of King James to Robert Vifcount 
Lifle of all arrears inroUed in memof fc'cij. 5. Jac : ex parte Rein Thefaur, and 
with 5. Auditors. | 



791 5llnlJ thus ended that trita et vexata queftio, that old intricate and perplexed 

193 : years title, title, as it was ufually in all Courts called, that had continued the fpace of 192. years, 

from the s'.*" of king Henry the fifth to the feaventh of king James, between the 

heires 



i6i3 



Uifc of J^enrp tijc f icjaft 



333 



heires generall and the heirs males of this noble family ; wherein befides more 
then fower times the value of the inheritance of the lands, that had by both parties 
in that longe traft of time been fpent, the bloud of divers eminent perfons on both 
fides had been fpilt, from the guilt whereof, (more then fower generations on either 
fide now being paffed,) good God effree and deliver all the difcendants and branches 
on both fides to all pofterity, Amen, 

5[n the clofe whereof, the forenamed Sollicitor in that caufe received this com- 
fort, that his endeavours were accepted and valued by this noble lord Henry above 
their defervings, who recompenced the fame with an Anuity of ten pound pf ann 
during his life ; with this his further teftimony, That had not his perfwafions been, 
hee had never looked more after thefe lands nor now had had them ; Silntl from the 
faid lord Lifle had thefe words. That if hee had dyed in the year before in his fick- 
nes at Glouc, hee would not have given this lord Henry 200'i for his releafe; which, 
(as confcious of his faithfull and utmofl; endeavours, is held noe arrogance here to 
bee written,) was publickly fpoken by him in Serjeants Inne hall in ffleetftreet upon 
the lord Cokes commendations, (then lord cheife Juftice of the Comon pleas,) of 
the cariage of a branch of this caufe then referred to his opinion and other Judges, 
whereat both thefe lords were prefent : As alfo they had been at fower or five other 
meetings of Counfell on both fides in the fame place, in the months of June 06lober 
and Novemf 1607, Anno quinto Jacobi regis; what times all differences of titles were 
referred by thefe lords to fifleminge and Coke cheife Juftices, Tanfeild cheife Baron, 
and Judge Yelverton, when after great debates on both fides, falling from all hopes 
of peace by compromife, thofe writs of right were forthwith refolved on to be 
brought ; which in the fecond year after, rendred an end to a perplexed title of 
192 . years agitation, as formerly hath been faid. 



I^Ot longe after, this lord, (partly the better to pay the faid compofition money Benevolence 
to the lord Lifle, and partly to purfue the prefidents of his Anceftors, then fhewed ™°"^y 
to him,) had a benevolence from all his tenants, whether holding by Copy of Court 
roll, or by Indenture : And alfo Aid pur faire fitz cbivaler, according to the Statutes 
of. 3. E. I. I and. 25. E. 3. from all his freeholders, whether holding by knights 
fervice or in focage, whereby the fum of — 700'!- and upwards was raifed. And for 
any thing I perceived, (being a Comiffioner in both the fervices,) willingly paid. 



Aid money 

792 

Annis. 9. et. 10. 
Jac : 1611. 1612. 



j^ee alfo at the fame time bargained with one Thomas Hackett for all his Aprill. 8. Jac : 
Timber and firewood in Michaelwood chace, not growing in the parke there, 

excepting 



334 Cljc UiVjCiBf of rtjc 25erhclcpsi 1534 

excepting alfo three thoufand of the bed Timber trees in the Chace, which this 
v'efol:753. 754. lord referved to himfelf; whereby was raifed above three thoufand pound towards 
this Compofition money and his other debts ; which the faid Hacket affigned over 
to Sir Wiftm Throkmerton then of Tortworth, after hee had, to his loffe as was 
generally conceived, more then one year ufed the fame in making of iron, bringing 
his oar out of the faid fforreft; ; And which alfo the faid S^ Wittm with the loffe of 
one thoufand pound, (as hee hath written and protefted,) affigned over to two 
Citizens of Briftoll : A courfe that was taken in the fame place and in the lordfhips 
of other men in their manors adjoyning in the times of king Edward the third, as 
appeareth in Accompts of that time ; whofe Sinders and other remains of thofe old 
works, at this time in many places digged up, was now both ufefull and profitable. 

^UgahljSt which iron making Sir Edward Wintour of Lidney, partly through the 
difpleafure that then raged between the faid S'. William and himfelfe, And partly 
for Sr Williams entring into his trade of iron making foe near his doors, from 
whence alfo hee fetched his oare, oppofed by private ires and informations fecretly 
delivered, which in the end brake forth to obje6lions and anfwers, untill thofe 
premifes brought forth this certaine conclufion, which pleafed both parties. That 
this lord Henry gained, Sir Wittm and his affignes loft : And when thefe Michael- 
wood woods failed S^ Wittm was deftitute of other woods to continue them : SCnD 
of thofe three thoufand choice trees foe left, the lord George in the fower firft years 
Ve folio. 753. 754. after his full age, made his profit by fales ; And for his buildings at Simondfall, 
Newparke, the Grange by Berkeley, And at Brownfmill, Berkeley town mill. The 
Inne by Berkeley Caftle, and otJier places, as before hath been touched, befides 
what hee gave to Wotton and Nibley Churches, and to the Vicaridge houfe in 
Berkeley. | 

793 l^irtjcrtO I have in the laft 60 . pages related in a continuall feries thofe law 

fuits without interruption, which concerned the title of Wotton and thofe other 
Manors and lands, parcell of the Barony of Berkeley, with the confequences which 
thereupon followed, afwell for avoiding of fra6lions that otherwife would have inter- 
rupted that entire narration, As that this noble family might difcerne running what 
travaile and expence for 38 . years togeather this lords mother the lady Anne, by 
v'e fol: 731. her over-ruling will, in a learning wherein fhee had not been bred nor experienced, 
threwe upon this lord her fon, and confequently upon her own pofterity ; by her 
willfull refufall to take thefe manors and lands with the refidue of this lords Barony 
from Queen Mary by dedi and conceffi, contrary to the advice of her Counfell and 

the 



i6i3 



aiifc of l^mrp rt)c fir^t 



335 



1 



the define of that Queen, as before is noted ; upon which lady this lord her fon, 
(hortly after this compofition, faid to my felf and others That hee might juftly caft 
all the blame thereof; And then alfo, (turning to my felf,) further faid, That hee 
would make mee judge whether hee had loft or gained by following another per- 
fwafion of his late wife, and neglecting the advife of a noble and faft freind of his, 
who a few dales before the firft Exchequer tryall in the 14'.'' of Queen Elizabeth 
privately came to him, and earneftly advifed that hee (hould in noe wife give any 
evidence or make any defence at all, but to fufifer his land to bee loft by default ; 
rendring many great reafons for fuch his Counfell, whereto of my felf, faid this lord 
Henry, I did incline ; Howbeit, the great fpirit of my wife whom I privately 
acquainted therewith would not fufifer that advice to bee followed, though fhee 
refted affured of the true heartednes of that noble freind, and hee knew much of 
the Earle of Leicefters clofe workings of the caufe ; And the more to divert mee, 
faid this lord, my wife drew Thomas Walmefley then of my fpeciall Counfell to bee 
ftrongly of her opinion, who in her prefence told mee That my title was foe cleere 
that I fhould not fear the verdi<5l what ever the Jurors were ; Adding further. That 
the remembrance hereof was noe doubt a fpeciall motive for Mf Walmefley, (come 
to bee Judge of the Comon Pleas,) to bee foe affectionate to my caufe, as at the 
laft tryall you faw hee was : And indeed, quoth this lord, hee only ftucke to mee at 
that firft tryall with great boldnes when | all other of my Counfell were drawn away, 
on whofe brother I conferred the Viccaridge of Tetbury ; The name of this noble 
freind I could never obtaine from this lord, but by circumftances I conceived it was 
his wives kinfman Thomas Ratcliffe Earle of Suffex, lord Chamberlaine to Queen 
Elizabeth ; who ten years after, told the faid lady when in perfon fhee follicited an 
end by Compromifes, That fuch was the potency of her adverfary the Earle of 
Leicefter both in Court and Country, and his reaches. That what hee had hee 
would keep, And .that it was gaine to her to win him not to feeke for more, And 
that his drift by yeilding to referrences was only to dive into her hufbands evidence 
and noe other; This is that Earle of Suffex \Yhom Cambden in his Britania ftorieth 
to bee a moft worthy and honorable perfonage, in whofe mind were feated joyntly 
both policy wifdom and martiall proweffe, as England and Ireland acknowledged ; 
who dyed in June the 25'!" year of Queen Elizabeth; Anno, 1583. But inftead of 
anfwere, I obtained pardon ; ^Itb here alfo both time and place and refemblance of 
matter call upon mee further to informe this noble family, That in the I3'^ yeare 
of Queen Elizabeth, before the firft fuite for Wotton began, (what time this lord 
Henry had by his wives means fetled all his manors lands and Barony upon his 
daughters,) An overture was made from the Earles of Warf and Leicefter for a 

double 



of this tryall fee in 
Leiceflers comon 
welth printed. 
1584. fol: 34. et. 
89. 



794 



Leicf comon welth 
fol : 80. printed 
1584. 



Cambden. fol : 
321. in Suflex. 

Leic^ coin, weltb 
fol : 52. 



336 



€ife Htbciet of tt)e 23crhdep$i 



1534 



fee fol : 443- 444- 

fol: [743] 
Tho : Duport. 

795 



Lre in Berkley 
Caflle. 



faithful! counfell 

is the cheefeft of 

benefits. 



double marriage, between S' Philip Sidney and S' Robert Sidney their fifters only 
fons and this lords two eldeft daughters, Mary and ffrances ; which being more 
flighted by this lords wife then either reafon or dire6lion warranted, foe offended 
the faid Earles and others of their bloud. That her brothers trouble Thomas Duke 
of Norfolke went on, and his head off; And the fame month of his Attainder the 
Information againfl this lord Henry touching Wotton and Simondfall was exhibited 
againft him by their means and profecution, as formerly hath been written : where- 
upon judgment being given againfl this lord in Efler Terme, Anno 15'!" Eliz : and 
hee fhortly after turned out of poffeffion of thofe manors ; And the like black cloud 
being by a wife fervant of this lords difcerned to bee in gathering, (who prudently 
was willing but unable to refifl the will of a woman, who as before fhee liked not, 
fo now hated | the Earles bloud in their two nephewes,) wrought foe farr with this 
lord Henry to afk the advice of his beft kinfman and freinds touching the faid over- 
ture, which that prudent fervant and freind fecretly knew would againe come on, if 
intended to bee accepted ; Whereupon this lord by his tre prayed the advice and 
Counfell of S! Nicholas Poyntz, S' Giles Poole, S! Richard Berkeley, and of S' 
Thomas Throkmerton, his nearefl; kinfmen and allies, and all of them at that time 
in perfect freindfhip with him, and the cheifefl in reputation of that County : who, 
the 26'^ of Odtober 1573 I5'^ Eliz: returned this grave and folid anfwere and 
advice. — ^{)rrc fliall come from us noe advice (in our own judgements) unfit for 
your Lo? to follow : yo' good and profperous eflate is the thing wee defire ; Affured 
freinds doe fufficiently declare themfelves by plaine fpeeches and freindly aftions : 
Every man may behold good policy to bee your fureft defence : We will not nor 
may not devine what fhould bee the caufe of your Lo^.' late great loffes ; but by 
confidering the circumftances of that is part, wee may fear what will followe, and 
advife you in time to prevent the fame : And becaufe your lo"? is overrefolutely 
determined to leave your daughters to inherite your land, not to give the fame to 
any heire male of your houfe, (which is great pittie,) Wee therefore think it nefceffary 
for you upon refonable conditions to accept the offer of M' Phillip Sidney if the 
fame bee again made : if alfo a further offer bee made of M' Robert Sidney for one 
of your younger daughters, wee likewife hold the fame nothing neceffary for you to 
refufe : Your lo"? cannot beftow your daughters more honorably in this land, as wee 
think : for their poffibillities are in very deed certaine, or to bee made certaine : the 
Earle of Leicefter greatly tendring the younger fon for that hee is his godfon and 
beareth his name : That match cutteth of all lawe and loffe that may followe ; 
bindeth thofe to favour you and yours that may doe good to whom they lift ; See- 
ing therefore it is honorable rich fafe and ftrong for you to bee affedled that way, if 

ill 



i6i3 Uife of J^mrp tlje ipirsft 337 

ill Counfell or wilfullnes draw you back, we fhall bee forry, and fhall hope you will 
ftrongly appoint your felf by patience to beare thofe burthens that are like to bee 
laid upon you : ffor our parts, wee bee affuredly your lordfhips freinds, foe can the 
fame doe you noe fervice, for our a6ls will bee but fhewes and (haddows ; Wee fpeak 
not this that you fhould fpare to command us, | or that wee will bee cold to execute 796 
what is reafonable and meet for honeft freinds and kinfmen, but you may make your 
accompt before hand ; and wee are doubtles affured there will bee nothing offered 
againft you that your Lo° and all your freinds can defend : In thefe fewe lines wee 
fhewe your Lo^ what wee wifli you fhould neither fue for nor lightly efteem, if it 
bee offered ; and doe commit your Lo'! to the proteftion of Almighty God, this 26'.'' 
of October, 1573; your LoP'* affured. N: Poyntz, Giles Poole, Richard Berkeley, 
Thomas Throkmton. Directed, To the R'. Honorable our very good lord, the lord 
Berkeley. But the fame womanifh power that quaflit the firft motion queld alfo 
this fecond found Counfell, Alliened by degrees her hufbands affe6lion from thofe 
freinds that foe really advifed, And foe frowned upon that prudent fervant that 
wrought herein that hee retired himfelf to his paternall inheritance, and but once in 
fifteen years after, eare hee dyed, came to Callowdon ; Howbeit had this advice 
been followed, her two daughters had enjoyed two as eminent gentlemen for their 
hufbands as England afforded, And they not flayed 14. years after for meaner pre- 
ferrments ; The great lump of land that after was lofl, (according to the propheticall 
forefight of thofe freinds,) prevented : her felf and hufband freed frorn a world of 
forrow attendance travell and expence : And yet this lords land and Barony had, 
as it was then fetled, wholly fallen to her fon Thomas, borne within two years after. 

3ln& now I tranfmit the Judgment to this lords poflerity upon confideration of 
what followed, in the faid thirty eight years till this compofition ; whether hee 
fufTered not extreamly by being thus doubly over-ruled by his wife ; And whether 
the will of this wife was in manage foe given up to her hufband, as that fliee was 
noe longer her own but at her hufbands difpofing. 

5't'jeS now time to turne to fuch other of this lords law fuits as feems moft Other lawe fuites. 
materially to import the knowledge of his poflerity, not formerly mentioned. 

Jn the feaventh of Queen Elizabeth this lord humoring the greatnes of his 
wives mind, (whom about the fame time Queen | Elizabeth called her golden 7Q7 
lady,) bought a lute of mother of pearle, (her felf an excellent lutifl,) for which 
the Queen formerly had offered one hundred marks ; for this lute this lord paid a 

fum 

2 X VOL. II 



1 8. Eliz 



338 Cl)c TLiXics of tljc 25frhdr)riflf 1534 

fum of money in hand, and gave a recognizance to pay to Beft the owner thereof 
three pound a year more during his life, which for ten years after was duly paid ; 
what time this lord growing either negligent or weary of the payment, negle6led 
it, whereby his recognifans becoming forfeited, Befl fued out a Scire facias and 
foone had judgment thereupon : This lord for releife flyeth into the chancery, 
where after bill and anfwer and witneffes on both parts examined, thefe offers in 
Court were made to Befl by this lords Counfell ; Either to take twenty marks in 
money for the only default of one three pounds, and the paym5 to bee continued 
after ; Or to take 32'! 13? 4"! —in ready money, and the Anuity to ceafe ; Or to bee 
quit of the 34'! which already hee hath received and to have the lute againe to his 
own ufe. as fafe and faire as at firfl it was ; Or to referre the caufe to the ending of 
any two Aldermen of London whom himft^lf would chufe ; Or to his own two 
Counfellors Bell and Puckering, (the one after Baron of the Exchequer, and the 
other lord keeper.) fetting lawe and affecflion toward their Client apart : None of 
Order : i8. Nov : which Beft would accept of, but refufed all ; whereat Bacon then lord keeper being 
moved, awarded an Injunftion and ftayed him from taking any benefit by the faid 
recognizance untill the caufe fhould otherwife bee ordered in that Court ; After- 
wards Beft accepted of much lefs then was formerly offered. 

C{)tj9^ Lute, this lord, about two years after the death of his faid wife, gave to 
the Dowager Counteffe of Derby, whom in his widowers freedom hee called 
miftris ; and hee afterwards almoft maryed M? Ratcliffe one of her gentlewomen. 

Si^llCl) about this time this lord had brought home to him by one Holloway his 
tailor a fuite of clothes, of doublett, breeches w'^ panes, and jurkin without fleeves, 
laid very thick with filver lace ; And withal! the tailors bill was delivered by his 
diretlion to Giles Yate one of the grooms of his chamber, who on the next day 
well obferving his imodarate proportion of ounces of the filver lace, (which the 
tailor himfelf had bought, as alfo hee did all the other ftuffe of the Suite,) waighed 
the wholl fuite, which was not foe many ounces of like waight as the bill made the 
798 lace alone to bee : And thereupon | fecretly, unknown to this lord, caufed all the 
lace to bee ripped off and weighed alone. And found the bill falfe by more then 
fower fcore ounces : whereupon for nonpayment of noe part of the bill, a fuite was 
longe time after commenced by the Taylors executor againft this lord, which was 
compounded. 

^obrct Burton of Linley dyed feized of the Manor of Lindley in the county 
of Leicefter, leaving Ralph his fon and heire within age, whofe wardfhip this lord 

Henry 



I 



i6i3 



Hifc of ©mrni il^c fim 



339 



Henry gave in the fecond of Queen Elizabeth to Thomas Duport his fervant, a 
prudent man : Puport after affigned to Purefy, and hee againe to Agard, who 
brought a Valore maritagii' againft the faid Raph Burton, tried at the Affizes 
holden at Leicefter about the tenth of EHz. and recovered ; which I had the rela- 
tion from William his fon and heire, Author of the defcription of Leicefterfliire. 
And this grant from the lord Berkeley is entred in his great black booke of Inroll- 
ments. 

Ctli^ lord had a cheife rent of five pounds p Ann paid to him as to his Manor 
of Wefton near Baldocke in the county of Hartford, iffuing out of certaine lands 
called Broughtons, in Toddington, the inheritance of Henry lord Cheney : which 
this lord Berkeley, (out of what humor I know not,) referved to himfelf in the con- 
veyance whereby in the 14'.'' of Queen Elizabeth hee fold Wefton to Mr Burgoine, 
who then for that rent, (as this lord told mee,) would have given him one hundred 
pounds : This rent was fomwhat before detained : whereupon many tres and 
references to Counfell paffed between this lord and the lord Cheney, as the tres yet 
extant doe fhewe. w''.'' coming to noe effeft, this lord in the faid I4'^ of Elizabeth 
exhibited his bill in chancery, wherto the lord Cheney made Anfwer ; But after 
replication and rejoynder and witneffes examined, the lord Cheney before hearing See after fol. 819, 
dyed : And foe hath refted ever fmce. 



Carta. 28 Nov": 
14. Eliz : 



Anno : 1569. 11. 

Eliz, tres in Berk: 

Caaie. 

Cane : 14. Eliz. 



^'n the I7'^ year of Queen Elizabeth was a troublfome fuite in Chancery CancellaT. 
between this lord pi', and one M'. Yaxley, which I touche noe further upon, for that 
it concerned lands in Derbyfhire which this lord hath longe fince fold away. 

9fn the ig'!" of Queen Elizabeth this lord brought an Action againft | Edward ygg 

Bucknam fomtimes an officer much trufted and imployed by him, for not accompt- Civit Coventry 

ing for the rents and profits of the Manor of Callowdon, (whereof hee was Baily,) ,^^'" • i9-.Eliz: in 

^ ' ^ -^ ' banco regis, rot. 

for . 7 . years next after the death of this lords mother, when to him it fell in hand : 

wherein it was found by verdift. That Bucknam had formerly accompted for the 
firft fix years, but not for the laft of the feaven ; for which laft year hee after 
accompted in prifon, as the record fpeaketh ; which fuite I the rather here remem- 
ber, for that it containes a refonable furvey of the perticulars of that Man^ 

3fn the 39'!" of Queen Elizabeth, in the fame Court of kings bench, was an In banco regis 

action depending profecuted by ffrancis Smyth Efq', after knight, againft Henry 

Shipward 

' A Writ by which a Lord was entitled to fue an infant tenant, who had refufed a fuitable marriage 
offered to him by the lord, for the value of his marriage. [Ed.] 

2X2 



340 



€fit Sitoefif of rtjc 25crhricp36f 



1534 



Melton Shipward Baily of Melton Mowbray, upon a diftres taken by him for Toll ; wherein 
though the pleadings were much laboured by great Counfell, yet the Court upon 
argument found error in the Avowry of Shipward, which to know may bee of ufe 
hereafter. 



Anno: 25. Eliz : g^^^ ^.j^^ 25'.'' of Queen Elizabeth William Brown being keeper of Cam woods 

under this lord, impounded the Sheep of Richard Tindall Walter Hampton and 
Richard Nelme of Stinchcomb, and of Thomas Trotman and John Selman of 
Stancombe, for which they preferred their bill in the Marches of Wales againft 
Browne ; And thence had a Comiffion to Richard Pate EfqT, lord of the manor of 
Stinchcombe, and one of the Counfell there, to examine witneffes ; who in January 
in the 26'^ of Elizabeth examined Tindall, Trotman and Selman aforefaid and others 
interefted as parties and Commoners ; who depofed the ufage of their coinon in the 

Anno : 26. Eliz : faj^j woods time out mind . ffor which perjury this lord in the 26'^ of Elizabeth 
exhibited his bill againft them in the Starre chamber ; And alfo againft Edward 
Trotman Henry Parmiter John ffrancombe Simon Codrington and others, (creatures 
to Sr Thomas Throkmerton,) for hunting and killing his Deere in Whitcliffe park 
New park and Michaelwood. In the Court of the Marches of Wales it was, the 

Anno: 27. Eliz: firft of July in the 27'.'' of Elizabeth, at Salop, ordered, That the pits fhould ufe 
their Comon for their Cattell and pawnage for their fwine in the faid woods untill 
the fame ftiould bee difproved ; which order in their anfwers in the ftar chamber 
they fett out ; And how it was not Edward but Richard Pate that examined the 
witneffes; And foe took advantage of the pi'? miftaking in this bill ; And this order 
is carefully preserved amongft them to this day ; but certainly in right they have 
noe Comon in thofe woods, which is like hereafter to come in queftion. 



Bill in the Excheqf 

chamber: 27. Eliz: 

800 



^itt the 26'!" of Elizabeth this lord diftrained Henry Goldefon for an amercia- 
ment of fower pence impofed for his not appearing at this lords | leete holden for 
his Manor of Melton Mowbray in the county of Leicefter ; whereupon Thomas 
Chancey als Giles whofe tenant the faid Goldfon was, exhibited his bill in the 
Exchequer chamber againft this lord Henry, fetting out that hee had a Manor in 
Melton called the manor of Lewes, which was of late belonging to the Prior of S' 
Pancraffe of Lewes in the County of Suffex, to which manor was a leete or viewe 
of frankpledge belonging ; which Pryor and Covent, by their Indenture dated the 
l7'^ of Aprill in the 23'^ of Henry the 8'^, demifed the fame to Wiitm Gonfon Efqr, 
for fifty five years, whofe eftate for the terme to come, hee the pi! hath, the reverfion 
to the Queen that now is : And that Henry lord Berkeley having another manor in 

Melton, 



i6i3 



Uife of l^cnrp rtje fit^t 



341 



Melton, goeth about to conftraine the Queens tenants of her faid manor of Lewes 
to doe fuite to bis manor and Leete, and hath amerced fome of them for refufmg 
the fame, &c. Whereto this lord anfwereth, That to his Leete in Melton all refiants 
whatfoever in that Town have ufed to come. And for that the faid Goldfon made 
default, hee was amerced at 4? for w';*' hee being diftrained, hee replevyed, which is 
now ready for tryall at lawe ; And traverfeth the Pryors leete and the reft of the 
bill : 3!n which fuite Witneffes on both parts were examined in September in 
the 2 7'^ of Elizabeth, who fwore pro et contra, And upon hearing it was ordered 
that [refult not given. Ed.] 

3I1U) this is now, Anno 1628, the inheritance of Robert Hudfon of London 
this lords Baily of Melton aforefaid, And was purchafed of Queen Elizabeth the 
2 7'^ of Odlober in the 23'^ of her raigne by Edward Downinge and Peter Afhton, 
and foe by meane conveyances came to him. Touching which fuppofed manor of 
Lewes and of the original! guift thereof to the faid Pryory, fee my tradl of Melton 
Manor in a book by it felf, where is matter enough to break the neck of this 
fuppofed Manor of Lewes and of the Leete thereof. Whereof Humphry Alfop who 
followed this fuite, and then Steward to this lord of this Manor, was altogeather 
ignorant. And in the mean time take thefe marginalls, which are unanfwerable. | 

Cf)t0 lord and his Anceftors for . 300 . years and more had received a cheife 
rent of three pound ten (hillings out of the manor of Afton Ilger, paid by Sf 
Nicholas Poyntz and his Anceftors to the Reeve of this lords manor of Hame, 
and reputed as parcell of the fervices thereof, as by many records deeds rentalls 
accompts Courtrolls and other evidences appeareth. This rent Sf Nicholas Poyntz, 
though cozen german to this lord yet then at enmity with him, and pertaking with 
the Earles of Warwick and Leicefter and Sir Thomas Throkniton in the fuits afore- 
mentioned, denyed any longer to pay ; whereupon this lord in the 26'^ of Elizabeth 
exhibited his bill in Chancery, whereto S! Nicholas anfwered. And after replication, 
rejoyned ; in which rejoynder Sr Nicholas having the faid Earles Counfell of 
Counfell with him, intitled the Queen thereto by the attainder of their father the 
Duke of Northumberland in the firft of Queen Mary, To the Anceftor of which 
Duke faith hee, the fame was allotted in petition in the fixth year of king Edward 
the 4'^ whereof I have formerly written, afwell in the life of this lord as in the 
lives of James the firft, and William Marques Berkeley his fon ; By which means 
upon the motion of S! Nicholas, the fecond of June in the 2y^^ of Elizabeth, It was 
ordered That the Queens Counfell ftiould firft bee confulted with, before any further 

proceedings 



Rotul : 4. E. 4. in 
recept Sc^icij 
coram Rogero de 
Saham. 

Rot: cart. 16. E.4. 
m : 5. et. 6. et 
ultima in arce 
Londin : 

Efchaet.p' mortem 
Jotiis de Mowbray 
16. E. 3. 

Rot: pat: 18. E.3. 
pars. 2. m : 8. 
Rot. claus. 2. E. 3. 
m : 14. 

Rot : Roman. 2. E. 
3. m: 2. 

Efchaet : 2. E. 3. 
n? 73. Pro priore 
de Lewes. 

801 



See fol : 200 



Anno : 26. Eliz : 



Order. 2 Junij 
27. Eliz: 



342 



Che Hitjcjef of tftc 23n:hdn»s 



1534 



Hill. 32. Kliz : 
1589. 



vide comp : nian'ij 
et liber t. de 



proceedings were had : And S' Nicholas dying in fifebruary next after, the fuite 
abated. But after fuch time as S' John Poyntz his fon and heir had fued his livery, 
this lord fenfible of the manifeft wronge offered him in detaining of this rent, did 
in Hillary Terme in the 32'^ of the faid Queene, exhibite another bill in the faid 
Court (by way of reviver) againfl him for the faid rent unpaid for Ten years in 
the life of S! Nicholas his father, and five years fince by himfelf ; who in his 
anfwere denyed that any fuch rent was going out of his faid manor of Adlon Ilger 



Wotton. 12. 14. 15. to his knowledge ; what further became hereof I find not : But of this I am affured, 
Berkeley. That this lord had and his grandchild the lord George now hath, (if the Statutes 
Anno : 31. H. 8. ^f limitation prejudice him not,) as good right thereto as to his manor of Hame, 
whereof the faid rent is pcell. 



Starcti : 29. Eliz : 



802 



Mich : 29. et. 30. 

Eliz: in banco 

regis rot : 

Hackbume cum 

quer. 

Shirborne cum 

def^ 



5n the 29'^ o{ Elizabeth a fuite in Starchamber arofe between this lord and 
his then neighbour Sir John Harrington of Combe, (after lord,) and other of his 
fervants and tenants of Binley, who committed a great ryott by night in cutting 
down all the come that grewe upon a tenement of this lord there, let by him to 
Edward Jones | a blackfmyth, upon whom, for not payment of his rent and not 
doing his farriers work, hee re-entred ; who had affigned his terme to Waller Pyle, 
and hee to S' John Harrington ; which difcurtefies were agravated by the reapers 
fcoffingly felting up an handfull of corne at each lands end, like a poefy ; which 
this lord conceived to bee in mockery and defpite : But this was never brought to 
hearing : And this is that houfe and land which formerly in this lords life I have 
noted to bee unjuflly gotten by this lord and his mother from Gerrard Try, that 
like ill gotten goods never profperred in his hands. 

3'n the 3o'^ of Elizabeth this lord brought an accon of covenant againft 
Nicholas Brown of Melton for not payment of his laft; half years rent, and not 
repairing of the comon bakehoufe in Melton with the Ovens there, in fuch fort as 
by this leafe, then ended, hee was to have done, As alfo for not baking at the faid 
ovens, who reformed and made his peace. 



Trin. 5. Jac : in 
banco regis rot. 
Bryan pro quei'- 
Brown pro def. 
Claus : 35. E. 3. 
m. 3. et. 4. in 
dorfo. 
micti terme. 8. 
Jac. 
A bill in y5 Ex- 
chequer Chamber. 



%v3i touching this bakehoufe, Abraham Sheldon leffee to this lord, brought his 
a61:ion of the cafe againfl William Archer of Melton for not bakeing his bread 
thereat according to the cuftome of the faid Town : which I mention becaufe the 
Declaration was curious ; And the atlion is like to prove frequent, for the lords 
Court there is fcarce able to preferve his inheritance in this cuftome of bakeing. 
3Clti> in 8? Jac : this lord exhibited a bill in the exchequer chamber againfl Edward 

Wormwell 



i6i3 



Uifc of l^cnrp ifjc fivjit 



343 



Wormwell and three others, for not baking at the faid comon oven or bakehoufe, 
who thereupon conformed and made their peace. 

3 a the faid 3o'^ of EHzabeth arofe divers fuits both in the Chancery and at Anno : 30. Ehz : 

the comon lawe, between this lord and Arden his tenant at Mangottsfeild houfe ^ Eliz'"^ °'^ 

parke and conigre, whereof followed much trouble and expence ; And the violence pafch : 32. Eliz : 

at feverall times ufed between the fervants of this lord, and the faid Arden drew ^ 

Peport : 7. ffeb^ 
often bloud, with much danger in taking of diftreffes refcouffes^ and poffeffions, 36. Eliz: 

which lafted fix years; Howbeit I pafs them over in generallity, becaufe that manor 

is fince fold away, as after followeth under that title. 



^fn the 33'!' of Elizabeth Wiftm Bower in behalf of this lord purfued an accon 
againfl; John Birton, tenant to an antient meffuage called Baffetts Court in Nibley, 
for a cheife rent of 33' 4"! which fince the 7'^ year of king James hath been duly 
paid to the manor | of Wotton fforren, and the fervices acknowledged, of which 
meffuage and the firft creation of that rent, fee before in the life of the lord Thomas 
the fecond. 



MicTi. 32. et. 33. 
Eliz. rot. 808. in 
c6i banco. 

803 

fol : 171. 



Cf|C fame year this lord recovered in an attion of Waft againft Thomas Anno : 33. Eliz : 
Printhorpe for cutting down divers trees in a clofe called ridhay alias Callowdon 
clofe in Exall in the County of the City of Coventry, And an Inquifition for the 
damage thereof returned accordingly. 

^11 the fame 33'^ of Elizabeth Thomas Chamberlin of Graies Inne, then an 

utter Barrifter and after knight and cheife Juftice in the Marches of Wales, became 

follicitor to this lord, under his fee of I5''.- p Anfi, And the firft fuite he travelled in 

was an Affife of Cofiion brought by Richard Barker of Aufty againft this lord by 

the name of Henry lord Berkeley, in regard of an Enclofure not longe before made 

in Sowe waft parcell of his manor of Callowdon, to the pi" diffeifin, who claimed to 

have Comon of pafture therein ; whereto this lord pleaded, nul tort, nul diffeifin ; 

In which Barker had to prove, firft his title to the meffuage and Yardland and an i 

halfe whereto hee claimed his Coinon. 2''!'' That the yardland and halfe had alwaies 2 

been belonging to the faid Meffuage and to none other. 3''!^ his prefcription modo 3 

et forma, as hee laid it down, 4'^ That the comon of pafture was belonging to the 4 

meffuage and yardland an half undivided, for if the comon bee certaine to every 

yardland. Then hee failed in his prefcription, in that it was laid joyntly ; whereas it 

ftiould have been laid feverally for the number of cattle to every yard, and half 

yard of land. 5'^'*' The diffeifin of this lord of the faid Comon of pafture, who had 5 

left 
^ Refcues from Refcous. a. n.=Refcue. [Ed.] 



344 



€Dc Uitocjer of tt^c S&crftclcpjef 



1534 



Micti : 32. et. 34. 
Eliz: 

804 

Order in Hi it 

terme 33. Eliz : 

Anno : 35 : Eliz : 



Micft : 32. &. 33. 

Eliz : in coinuni 

banco. 



Hill : 32 : Eliz : 
Starchamber. 



Anno : 35. Eliz ; 



left fufficient gaps in his inclofure for the cattle of the Comoners. And laftly, 
whether the land were fowen or not at the time of the diffeifin : The verdicfl paffed 
againft this lord, but partially, which hee afterwards avoided by the miflaking of his 
name, for hee was a knight of the bath and therefore fhould have been ftiled Henry 
Berkeley knight lord Berkeley : Many other good notes arofe upon this fuite for 
the inftru6i:ion of young pradlicers ; As that the meffuage and yard land and half 
were purchafed by the pi' of feverall perfons ; That fome of it was in leafe for 
years or life ; That hee had noe cattell of his own but borrowed other mens, and 
the like. 31IIlOUt the time of this tryall was the ditch of this inclofure riotoufly caft 
down in the night time by Peers, Pettifer of Aufly, and others, whereof followed a 
troublefome and un- | profitable Starchamber fuite ; In perufall whereof I gained 
this knowledge. That a child of fowerteen years old may bee made a defendant in 
that Court ; All which were afterwards in the 35'^ of Elizabeth concluded by arbitre- 
ment : And that agreement upon Barkers bill in Chancery and this lords Anfwere, 
acknowledging the agreement, ratifyed by the Decree of that Court, That hee and 
others fhould have Comon when the corne is out, and the enclofure to ftand ; This 
caufe was as well preffed and defended by both parties as I think lay in the power 
of learning. 

5!n the 32'^ of Elizabeth, Thomas Clark recovered againft this lord an aftion 
of the cafe for not paying him — 49'i 13! 4"!, after the rate of 6' 8"! by the day, 
according to promife, for Surveying and meafuring the Manors of Sileby, Melton, 
Mountforrell, and Segrave, in the county of Leicefter : for reverfall of which Judg- 
ment, this lord brought a writ of Error, But not prevailing, Clark by Elegit took 
in execution the Manors of Melton, Coldoverton, Segrave and others. Howbeit 
this lord in Hillary terme in the 32'.'' of Elizabeth, brought Clarke into the Star- 
chamber for fubornation of perjury in the former proceedings, whereby they came 
after to compofition. 

^in the 35'^ of Elizabeth or near that year, William Harvar of Keinfham yeo- 
man was at Bitton leete amerced — 23? 4!' for furcharging the Comons in Bitton 
with his fheep : ffor which John Brittaine Baily there diftrained a gray gelding of 
the faid Harvars in Sidnam mead, impounding him in the common pound at 
Bitton: Harvar replevyed. The fuite from the county court was removed into the 
common place : By Harvars default a writ of Withernam^ was had, and two of 

Harvars 

1 Withernam is where a Diflrefs is driven out of the County, and the Sheriff upon a Replevin cannot 

make a deliverance to the party diftrained : In this cafe a Writ of Withernam is dire<5led to the Sheriff 

for the taking as many of his beafts or goods that did thus unlawfully diftrain into his keeping until the 

party made delivery of the firft diftrefs. [Ed.] 



i6r3 



Jiff of J^nirp t!)e fit0t 



345 



Harvars kine taken in that meade : whereupon hee acknowledged his offence, paid 
the 23' 4*! amerciaments, and 40! for cofts of fuite. 

5'n the 37'!' of EHzabeth this lord was pi' againft William Deane and Robert Trin : 37. Eliz : 
Deane for a trefpas comitted upon a clofe called Potters green, part of his manor ^"^^^ '^^^'*' ^ 
of Callowdon, which was tryed againft him at Coventry affizes, but without all 
colour of truth ; for noe manner of evidence was given on the defendants behalfe, 
which I write out of knowledge, being prefent ; For which groffe perjury this lord 
Henry brought the jury into the Starchamber, who were upon motion difmifed with Pafch : 38. Eliz : 
cofts, becaufe they were charged | fix and fix in two bills, and M^ Chamberlyn the 805 
Counfellor reprehended that foe drew thofe bills and marfhalled them ; hee then a 
young barrifter of Graies Inne and this lords Sollicitor, as hath been faid. 



'^Tn the 38'.'' of Elizabeth this lord Henry was pi', in two feverall a6lions of 
trefpas againft John Brock John Champion and others for cutting and carriage 
away of divers loads of wood out of Woolcombe and other places, parcell of the 
Downs or waft grounds of his Manor of Portbury in the County of Somerfet ; 
which fatl the def." feverally juftifyed under John Wake Efq' as holding in comon 
with this lord, in regard of a manor called Portbury Pryor which hee had in Port- 
bury purchafed by Godwyn his wifes father of king Henry the eighth, and late 
belonging to the pryory of Brimmore in Hampfh': upon which tenancy in Comon 
the iffues were joyned. And the two records of Nifi prius taken out : whereupon 
John Crefwell fteward of houftiold to this lord and cozen to Ml: Wake, labored an 
end, And w'!" faire words and fattisfaftion for the wood made the def'.' peace, the 
very day that I ftiould have ridden from Callowdon towards the affizes about thofe 
tryalls then holden at Taunton. 

%t the fame time this lord brought an action of dett for five pound againft 
Richard Baily, declaring That hee being feized of the hundred of portbury, had 
time out of mind ufed to have a veiwe of frankpledge belonging thereto. To which 
the Tythingman of Clyvedon and fower men with him, (called his fower pofts,) 
have alwaies accuftomed to come, And upon oath to prefent fuch things as are 
prefentable in a Leete ; And becaufe the def" refufed to bee fworne and to prefent, 
the Steward impofed upon him the fine of five pound : for which hee brought this 
aftion : The faid M' Wake lord of Clyvedon defended the fuite, and alleadged 
That the Thirdbarrow or Tithingman ought to come to Portbury Leete, and pay 
4!* in name of his fower pofts that come with him, but not to prefent any offences. 

This 

2 V VOL. II 



Mich : 38. & 39. 
Eliz : in banco 
regis. 



Mich : 37. et. 38. 

Eliz : in banco 

regis 

rot. Somfet. 



346 



€t)c Uitfjef of (tfc -Bcrhdcpsf 



'534 



This came to a communication before Serjeant Nicholls, after Judge, his freindly 
neighbour, who was foe well Sattisfyed with the evidences which this lord fhewed 
fince the Inquifition in the 12* of Edward the firfl, That hee openly advifed him 
to acknowledge the fuite to bee jufl; : which with payment of cofts of fuite and the 
perfwafion of M' Crefwell fatisfyed the pi!,. the fervice ever fince being duly per- 
formed. 

5n the 39'.'' of Queen Elizabeth, Thomas Phelps leffee to John Yowen and | 
806 Mary his wife, tenants for life to John Harvy of Bradfton, of Divers lands in 
'^fl'h^'^'s ™^ Bevington within y? manor of Hame, brought an adlion of Ejetlione firmse againft 
office William Danfeild fervant to John Huntley and Jone his wife, Copihold tenants to 
o"ce er. j.jjjg j^j.^ ^f ^ meffuage and divers lands in the faid manor, fuppofing they with- 
held from him nineteen acres of his land under colour of this lords copyhold graunt 
to them ; upon tryall whereof one fmall parcell of a clofe called gromballs hay con- 
taining about a quarter of an acre, (whereout this lord hath a cheife rent of 3? 4"! 
p Ann, and whereon the leafe was fealed,) was found for the pi! ; for all the reft the 
def" were found not guilty. And foe ever fince hath flept at peace : Howbeit in 
the 31'!' of Elizabeth was a verdi6t for much more againft this lords then tenant, 
Eliz -^rot^- ';24 ^"'- '■'^^ P'" ^V^^ before judgment: And likewife a troblefome fuite was fhortly 
Glouc : after at the Counfell in yf Marches of Wales, whereat many Witneffes were 
examined, but without fruite. 



Mich : 40. et. 41. 

Eliz: rol: 3127. et 

Trin 41. Eliz: 

CO ill. pleas. 



5In the 4o'^ of Elizabeth Mary Gawfell widowe, late the wife of John 
Willoughby, brought a writ of Dower againft S!^ John Peter for the third part of 
the manor of Kenet in the County of Cambridge, which this lord in the third 
of Elizabeth fold to S- Wittm Peter his father, wherein this lord is by S' John 
vouched to Warranty : who pledeth the grant of king Edward the fecond made 
the 16'f' of Decem! in the fixth of his raigne, of this manor (amongft others.) to 
Alice Bigod widow, late wife of Roger Bigod Earle of Norfolk, for her life, the 
remainder to Thomas of Brotherton his brother and the heires of his body ; which 
Thomas had iffue Margaret maryed to John lord Segrave, who had iffue Elizabeth 
maryed to John lord Mowbray, who had iffue Thomas lord Mowbray created Duke 
of Norffolke, who had iffue Thomas, John, Margaret, and Ifable ; which Thomas 
died without iffue. And the faid John had iffue John, who alfo was Duke of Nor- 
folke, and had iffue John, who alfo was Duke of Norff, and had iffue Anne maryed 
to Richard Duke of Yorke fecond fon to king Edward the fourth, who dyed without 
iffue : That the faid Margaret was maryed to S! Robert Howard, who had iffue 

John 



\ 



1613 Eifc of ©cnrp tl)c fk0t 347 

John Howard created duke of Norfolke ; And that the faid Ifable was maryed to 

James lord Berkeley, who had iffue William after Marques Berkeley, and Maurice 

lord Berkeley : That the faid Wittm Marques Berkeley had this manor, (amongfl 

others,) alotted to him by ptition with the faid John Duke of Norfolk, And after- 1 fol: [587, 596] 

wards conveyed the fame to Richard Willouhby and the heires males of his body, ^^7 

The remainder to Edw"! Willoughby & the heirs males of his body ; which Richard 

dyed without iffue, And the faid Edward entred and had iffue John Willoughby, 

who maryed the faid Mary Gawfell, and after dyed without iffue male: After the 

death of which John Willoughby this lord Henry fon of Thomas, fon of Thomas, 

brother of Maurice, fon of the faid Maurice, entred. And by fine in the third of 

Elizabeth alyened the fame to S' William Peter father of the faid S' John Peter, 

And foe demandeth judgment of the Court, whether by lawe (hee ought to bee Terme Pafch : 

.3. Ehz : 
endowed. iTIjC widow Gawfell confeffeth all the former pleadings to bee true, but 

further faith That the faid Edw? Willoughby by Izable his wife had iffue John her 

hufband, And that the faid Edward enfeoffed one Logge parfon of Wotton, againfl 

whom in the 22'?" of Henry the 7'^ a comon recovery was had of the faid manor, Rec; 22. H.j. 

(amongfl others,) to the ufe of the faid Edward and Ifable his wife and of the 

heires of his body, The remainder to the faid Maurice brother of the faid Marques 

Berkeley and of his heires ; whereupon it appeared that fhee was dowable, neither 

would fhee henceforth accept the 1 1" 10' which till then had fattisfyed her from the 

death of her hufband for near forty years ; And thereupon this lord through the 

ftritlnes of his covenants in his conveyance to S^ William Peter was inforced to 

compound with her for — 18'.'- lot p Ann for her life, which hee paid her about five 

years ere fhee dyed. • 

SCnll this a6lion and pleadings I have the rather here mentioned becaufe the 

manor of Bofliam is at this day enjoyed by the lord George under the fame entaile 

of the 6'^ of Edward the fecond. Yet fuch was the ignorance of the follicitors and 

Coimfell of this lord Henry in thofe times, That they fuffered him to covenant with 

S' Wittm Peter That hee was feifed in fee of that manor And that noe revertion 

was in the Crown ; which were two untruths, and a double breach of his Covenant; 

By which ignorance this further inconvenience happened, That Sir John Peter 

finding the faid covenants broken and that the reverfion was in the Crown, brought 

his adiion upon the faid Covenant, laying down the grant and difcent as aforefaid, j!^!^*^ : ^2," ^*" •5**' 

' . .... Ehz : in Efter : 

concluding thereby that this lord was feized in taile and not in fee ; whereupon this com pleas. 

lords manor of Alkington in the County of Glouc, (whereof hee as Humphry Alfop 

his then Sollicitor depofed was feized in fee,) was recovered over in Value and | 

warranty, 

2 V 2 



348 



€t)c Uiljfiff of tljc -^Jcrhricpitf 



1534 



808 warranty, ut tunc pro nunc, et nunc pro tunc, with fifty two pounds cofts, which 
this lord paid. 



Hill : 28. Eliz : in 

banc : regis : rot 

838. 

Mich: 27. 28. Eliz: 

in banco regis, et. 

36. &. 27. Eliz : 

rot. 474. 

Hill. 5. Jac : in 
banco regis. 

Pa:3. Jac:rot.399. 

in banco regis. 

Micft. 3. Jac : rot. 

I lo.in banco regis. 

Pafch : 5: Jac; rot. 

404. et pars 2. in 

banco regis. 

Hill : 5. Jac : rot. 
810. et 811. 

Hill : 28. Eliz : in 
banco regis. 

Bill in cane : in 
Micft : 3. Jac : 

Certificate in chan- 
cery 3D.Janr>'i6o8. 



8og 



Throkm'ton. pi'. 
ERcourt deP. 
Mich: 3. Jac: rot 
1 1 o.in banco regis. 



CIjonifljE^ Eftcourt of Tetbury a bencher of Graies Inne, father of Sir Thomas 
Eflcourt knight and of Edmond Eflcourt, fet on foot two fuits againfl John Savage 
gent a farmer to this lord Henry, touching comon of pafture in the feilds of Tetbury 
for a flock of Sheep of 400 . or more called the lords flock, never ufed to bee ftinted, 
as all other freeholders fheep are within the manor; And (by miftaking the pre- 
fcription) had two verdidls and Judgments againfl the faid John Savage : Thomas 
Eftcourt dying, left his lands in Tetbury to the faid Edmond his younger fon and 
his heires, who all his life for many years permitted the continuance of the faid 
flock (as his father alfo had done after the faid verdidls ;) Afterwards, George 
Eftcourt a younger brother to the faid Thomas, an other freeholder in Tetbury, 
fet on foot three or more the like fuits againft the faid John Savage, and had like 
verdicfts upon Severall TryaUs at lawe. After divers years, (when all iffues that 
might well be joyned upon any prefcription were foyled,) M'. Savage acquainting a 
Sollicitor of this lords with the former proceedings, and of the vexations of the faid 
George Eftcourt ftill continuing, was advifed by him to feek peace by a bill in 
Chancery ; which in the name of this lord was exhibited againft the faid George 
Eftcourt ; whereupon many witneffes were examined. And amongft others, thefe 
points fully proved, i? That the faid lord and his Anceftors and their tenants time 
out of mind have ufed to have pafture or feeding in the feilds of Tetbury for a 
flocke of fheep called the lords flocke, of about . 400, all the year longe when the 
feilds lye fallow ; And when the feilds are fown, then from S' Lukes day till they 
bee fown againe, peaceably enjoyed without interruption of any, fave the def.' 
George Eftcourt and his brother Thomas the lawyer, proved by 25 . witneffes 
s"*.'" That the lords flock was never ftinted, though all others were ftinted after 
three ftieep for an acre. 3'".* That the faid flocke hath ufed to depafture in a place 
called the fleight w'^in Tetbury warren from Holliroode day in May till holliroode 
day ia Septem', And from thence till the Annunciation of our lady. And none elce 
to have any Comon of pafture there at thofe times. | 4'.'' That every perfon holding 
a burgage houfe in Tetbury hath accuftomed to have pafture for three beafts within 
the Stubble feilds of Tetbury from the 13'!" of September untill Mictimas eve. s'^ 
That the lords flock inay not feed in the faid Warren out of the fleight between 
Holliroode day in May and Holliroode day in September, nor in the Stubble feilds 
from Holliroode day in September till Michaelmas eve. Nor in fouth hayes till the 
town herd of cattle have firft grazed it, with divers other particularities incident to 



i6i3 



Uxfc of I^cnrp rtje f ic^t 



349 



a fuite of this angry quallity. IDlKtt ftrong refiftance the defendant made appeareth 
by the orders of the 12'^ and I9'^ of November in the 4'^ of king James, And of the 
28'.'" of January, and 4'!" 6'!' and 18'.'' of ffebT following, And of the 29'^ of Aprill in 
the 5'^ of king James, and divers others: But in conclufion, in Michmas terme in the 
6'!" of king James, the caufe was heard. And the flock was efl;abliflied with this lord 
till hee fliould bee evi6led by order of lawe, and foe continueth to this day. All 
which proceedings in Chancery remaineth exemplyfyed with the executors of the 
faid John Savage, As alfo doe the verdifts with the heires and affignes of the faid 
Eftcourts ; The fucceffe whereof and the paines of the faid Sollicitor who advifed 
this fuite, the faid John Savage gratefully requited by a guilt boll of twenty Nobles 
price, bequeathed by his laft will a fewe years after to the faid Sollicitor. 



Mich : 6. Jac. in 
Cane : 

Certificate inchan- 
cery 30. Jan. 1608. 
Exemplified the 9. 
Jac : 161 1, under 
2 feales, cum Ca- 
rolo Savage de 
Tetbury. 



C()i£^ George Eflcourt being tenant to this lord of the Tolfey and weights in 
Tetbury brought divers aftions upon the cafe againft John Lany and others, 
touching the cuflome of the Toll taken for weighing of woole, yarne, and the like 
merchandife; The proceedings wherein the records marginald will declare, whereof 
that of Efter terme in the 39'." of Elizabeth may bee a good prefident for poflerity, 
whereof much ufe is like to bee. 



Hift: 39. Eliz: rot 
73. in banco regis. 

Pafch : 39 Eliz. 
rot. 180 in banco 
regis. 



^n the I7'^ of Queen Elizabeth was an exchange of divers lands in Callowdon 
and in Wiken a village adjoyning, between this lord and S' ffrancis Willoughby 
knight lord of Wiken, whereby this lord with much conveniency drew his out lands 
together, neare to his manfion houfe at Callowdon ; And S' Francis enabled himfelf 
for enclofmg divers parts of Wiken with like profit and conveniency ; which fhortly 
after hee fold to Richard Greene his fervant, then tenant to a farme in Wiken, 
againft whom in the 4I'^ of the faid Queens raigne, this lord | Henry exhibited his 
bill in Chancery, thereby to ftay his fuite at comon lawe, upon a counterbond hee 
had to fave himfelf harmlefs from a bond of this lords entred into to M' Edward 
Deveroux for one hundred pound hee had borrowed of him : wherein Green was 
never damnified nor fued, nor the originall bond, at the time of his proceffe fued 
out, forfeited : which unneigbourly courfe of Greenes, drewe on fliortly after other 
fuits and queftions between this lord and him touching Tythes Comons wayes 
and divers parcells of land intermingled in each others faid manors of Callowdon 
and Wiken : fome of which differences brought forth alfo Inditements at Coventry 
Seffions ; And after followed peace by another agreement and exchange of other 
lands, one with the other in the 43'^ of Elizabeth. And afterwards againe in the 
8* of king James brake out new fuites at lawe, and crofs bills in Chancery ; In 

which 



Carta in caflro de 
Berkeley dat. i. 
Sept. 1 7. Eliz : 



Hilt. 41. Eliz. in 
Cane. 



810 



Carta. 20. Odober 
43. Eliz. in caftro 
de Berkeley. 

Cane: Hill. 8. Jac: 



3SO 



Carta: 21. Julij 

19. Jac : in caflro 

de Berkeley. 



€I)c %i)ic0 of tljc 25crhclcpif 



»534 



which I was a Comiflioner for this lord, ryding purpofely from my houfe in Glou- 
cefterfhire to Coventry for execution thereof; And thefe alfo tooke ending by 
arbitrement in the tenth of king James. 1612. At what time by mediation of the 
Comiffioners an other exchange of divers parcells of lands and tithes was had 
between them, in either of their faid Manors of Callowdon and Wiken; In penning 
whereof more then ordinary curiofity was ufed on both parts, as by the fame will 
appeare. 



Pafch : 43. Eliz : 

rot. 2084. in coin 

banco. 



3'n the 43'^ of Elizabeth this lord was pit againft 



Hunt def in an' 



Hill: 43 Eliz: rot. 
»5o. in banco reg'. 



5'n the fame yeare James Atwood an underbaily to this lord was pit againft 
William Millard in an' 



Tnn:43. Ehz: ^n the fame yeare this lord Henry was pit in an a6lion of det upon a bond of 

811 one hundred pounds againft William Davis his | Baily of Berkeley hundred, whofe 
courfe was to receive all that was levyable upon his extradls, if not more, but to 
accompt for little ; wherein this lord recovered upon a nihil dicit. 



Mich : 44. et. 45. 

Eliz : rot. 32. in 

banco regis. 



3fn the 45* of Queen Elizabeth, upon a diftrefs taken by Henry Shipward 
baily to this lord of his manor of Melton Mowbray, for a releefe of ten pound due 
by Thomas Mackworth for his manor of Epingham in the county of Rutland, 
holden of this lord as of his manor of Melton Mowbray by two knights fees, where- 
of George his father dyed feized in fee, Hee thought to have helped himfelf by the 
lawe, for that hee the faid Thomas was for other lands holden by knights fervice in 
Capite in ward to Queen Elizabeth after the death of his faid father; And therefore 
conceived the lawe to bee That hee was not to pay releefe to any other lord at his 
full age, after his livery fued : And foe demurred upon the plea of Henry Shipward, 
which upon argument both at barre and bench was adjudged againft Mackworth ; 
And was the firft expreffe Judgment in the lawe in that point as was then affirmed, 
whereof Many Students then prefent in Court have fince had the number roll. 

* Not completed. [Ed.] 



i6i3 



Uifc of l^cnrp tijc f ir^St 



35» 



5In the 44'!^ of Queen Elizabeth, James Hervey an Underkeeper to this lord 
in Newpark, did with a forker out of his crofs bowe in the night time, cut the throat 
of one William Olive then with Richard Haynes and others paffmg through his 
parke ; whofe intentions were, (as after appeared,) firft to fleale fifh out of putts 
and weeles at Seaverne, And in their returne to Steale Deere in Whitcliffe parke : 
Harvey by a notable plott clofely carried was at the next affizes at Glouc, on a 
fodaine indited of Murder : And imediatly thereupon, (the purfuants knowing him to 
bee in the Seffions Hall,) was called by proclamation upon the inditement againe 
and againe ; And the Judges being informed of his being there caufed that call to 
bee redoubled : Hervy by chance being by mee. And I by more chance then there 
by him, charged him to kneel down and fhade himfelf under my cloke, (being not 
leffe in Stature then in Courage a Coward,) and not to fpeak a word or elfe hee 
would with all help to the contrary bee hanged : The calls ended, away I fent him 
inftantly out of Glouc. as faft as hee could ride : forthwith that inditement was 
removed, And hee the next Terme at the kings bench barre, difcharged from his 
offence, which was held by the Court not to bee foe much as a breach of the peace : 
The Coroners inquefl taken the 8'^ of Augufl; in the 43'^ of Elizabeth found the 
death of Olive to bee by Harvey, the 6'^ of that month, per infortunium ; And | this 
plot was practiced againft him the lent affifes after. 

5n the fecond of king James, William Thorpe leffee to Thomas Chamberlyn 
was pit againft George Jerrat and othei-s def" in an a6lion of Ejedlione firmae for an 
acre of land in Mountforrell in the County of Leicefter ; upon not guilty pleaded, 
and evidence by the deH that the fame was parcell of this lords manor of Mount- 
forrell, the Jury found for the def', and foe this lord enjoyeth it to this day. 



44 Eliz : in banco 
regis. 



Stat: de malefa(5lo- 
ribus in parcitt 

21. E. I. 
8l2 



Pafch: 3. Jac:rot 

911. coiii pleas 

Brownloe. 

Micti. 2. Jac : in 

banco, inter ptes 

vcrdidl : rot. 

Hill. 3. Jac. in cOi 

l;anco. 

Pafch : 5. Jac : in 

banco. 



C1)C fame year a fine of five pound was impofed upon one Edward Ithell of Pafch : 2. Jac: in 
Slimbridge for a contempt committed by him in the leet held at Berkeley, for which banco regis, 
this lord brought his aftion of debt : Ithell confeffeth his offence gave fattisfa6lion, 
And foe ceafed that fuite. 



'Jn the third of king James, this lord Henry brought his Writ of ravifhment 
de gard' againft Robert Hill Clarke, for taking away the body of John fon and heire 
of Godfrey Goldefborrowe late Bifhop of Glouc, who dyed feized of the manor or 

farme 

^ Ravi/hmait de gard was a Writ that lay for the guardian for Knight's-fervice, or in .Socage, againft a 
perfon who took from him the body of his ward. By Statute 12, Charles II. c. 24, this writ is taken 
away as to lands held by Knight fervice, &c., but not where there is guardian in Socage, or appointed by 
will. [Ed.] 



Pafcti. 3. Jac : in 
banco rot : 745. 



352 



€ljc 2i\)fief of tljc 25crhrirp.itf 



1534 



farme of Goffington in the parifh of Slimbridge, holden of him as of his manor of 
Berkeley by knights fervice : Not guilty was pleaded, And upon a tryall at Glouc. 
Affifes the Jury found for this lord, And gave damages to. 400. marks, And Judg- 
ment was after entred accordingly. 

Hill : 3. Jac : rot : 'Stnli afterwards, this lord brought an accon againft William Clutterbooke tenant 

Trin : 4. Jac : to the faid farme for the meane rates, wherein hee recovered alfo ; And upon a writ 
the writ filed, j-q inquire oT damages had threefcore pound given him by the jury. 

Hill : 3. Jac : rot ^jjp fame year this lord Henry brought his Accbn of the cafe againfl one 

Pafch. 4. Jac. the Bendall for infringing his liberty of Berkeley hundred and arrefling one Cafwell at 

writ to inquire of Berkeley, wherein hee recovered his cofls and damages : In the pleadinjrs whereof 
damages. mi- • --i,- 

are perfeclly laid down the grant of king Edward the third, in the 4 of his raigne, 

of returna brevium, to Thomas lord Berkeley the third of that name, and his heires; 

And how afterwards hee entailed the fame to himfelf and the heires males of his 

813 body, with all the | meane difcents after to this lord Henry ; which may bee of 

frequent ufes in the like cafes, I having purpofly omitted many others of the like 

nature. 

Pafch: 3. Jac: i^jjf fame year Henry Shipward, Baily of Melton, diftrained the Goods of 

regis. Thomas Grococke of Eflwell in the County of Leicefler, fuppofing the tenure of 
that manor to bee of this lord as of his manor of Melton by knights fervice : After 
iffue joyned upon the tenure, S'. Edward Brabazon owner of the faid Manor of 
Eflwell fled for fuccour into the Dutchy court, and there exhibited his bill againfl 
this lord and Shipward for ftay of the fuite, fuggefling the tenure to bee of the king 
as of the Dutchy of Lancafler, by the fourth part of a knights fee ; which the def" 
Hill: 3. Jac: anfwering in Hillary Terme after, an Injunftion was awarded to flay the fuite at 
lawe, and foe hath refled. 



Trin : 4. Jac : in 
banco regis. 



3(11 the 4'^ of king James, John Driver this lords Baily of Tetbury was pi! againfl 
William Tamer def'., for carrying away without the lords leave the dounge or foile 
out of the wafl ground called the Cheeping, (the golgotha of that markett Town,) 
which Driver under the prerogative of his office would appropriate to himfelf, 
wherein Driver had compofition from the def. 



Trin: 11. Jac; rot. '^n the ii'l" of king James this lord was pV. againfl John Huntley, a man of 

omon p eas. j^ ^^^ ^^jj ^^ honefly, his lol' coppyhold tenant in Bevington, for killine a brace 

Bolton att. pro / ' rry & > & 

que?. °' 



i6i3 



%ik of J^citrp tt)c fk0t 



353 



of Bucks in Whitcliffe Parke, near the pale whereof Huntley dwelt ; who after 
hee had before this lord and other Juftices of the peace with incredible impudency 
forfworne the fa6l, And with bafe and upbraiding termes infulted over thofe under- 
keepers who firft drew him into fufpition ; whereof they complayning to a Sollicitor 
of this lords, and hee taking it to heart, found means by Huntleys fervants that 
then were, (for great guifts are like Gods,) to difcover not only who fetched the 
bucks out of the park to Huntleys houfe, but to whom hee gave feaven quarters 
of them, and by whom fent : Which they upon examination acknowledging. And 
Huntly confronted, Huntly for anfwere and excufe faid to the Sollicitor, That it 
was held a rule and noe offence with deereflealers to forfwear the fadl and out 
brave the keepers, as hee formerly had done ; But the pi'? death and Huntleys alfo 
not longe after happening, took off a great part of that punilhment which | other- 
wife mofl; defervedly had been infli6led upon foe ungratious a man. 

3'n the fourth of king James this lord exhibited his bill in Chancery againfl 
William Dunning and five others, concerning his liberties of fifhing in the river of 
Seaverne within his hundred of Berkeley : which in the end of ffebruary in the 7'^ 
of the king were decreed for him : In this fuite is contained a full declaration of all 
the liberties and jurifdirtions which the lord George now claimeth in Seaverne, 
which is like to bee of great ufe to his pofterity : 5llnll more then one other 
fuite which was in the 34'.'' of king Henry the 8'^ between Richard Williams ats 
Cromwell pi! And Richard Byriat and others def", I have not mett withall, touch- 
ing thefe liberties of fifhing, whereof in the forefaid fuite good ufe was made. 



814 



Mich : 4. Jac. 
1606. in Cane : 



Cuf Augiii. 34. H. 
8. et in caflro de 
Berkeley. 



3In the fame year Wittm Chamberlyn brought an A6lion of Eje6lione firmse Hill : 4 Jac. rot. 

agfainft Georg^e Terrat of Mountforrell for two acres of land there ; the evidence of ,,. / 

° . . . . . MicTi. 4. Jac . rot. 

the def! was That it was the inheritance of this lord Henry, parcell of his manor Com pleas. 

of Mountforrell ; And of the pi! That it was parcell of the land of the feoffees of 

that Town, called the Town land ; wherein the pi! after evidence became nonfuite ; 

And hath quietly been enjoyed ever fince as the inheritance of this lord, more land 

(landing upon the fame title. 



3llrtb for fetling divers cheife rents in Mountforrell amounting to 24? 4? 
claymed by this lord Henry and denied by divers the inhabitants there. This lord 
in the 8'^ of king James exhibited his bill in Chancery againft Nicholas Fowler 
John Hood and Thomas Monke, wherein hee prevailed, and fet his faid rents 
afoot, now paid accordingly : In which, other wrongs offered to this lord in that 
Town were alfo contained and certified. 

2 Z VOL. II 



Mich : 8 ; Jac : in 
Canoe tt. 



354 

Anno. 4. Jac 



Crown office. 5. 
Jac : 



Hill. 4- Jac : 
Starchamber. 

815 



Clje %i)oe0 of tlje 23nrheIcpiBf 



1534 



3ln the fame fowrth year of king James, the grand-jury at Coventry Seflions 
indi(5led this lord Henry for not repairing the way in Callowdon lane between A(h- 
more gate and Wiken lane : The inditement was removed and avoided ; A work 
that ought to bee done by the County or the parifh of S' Michaells and not by the 
particular charges of the owner of Callowdon manor. 

^ifi^ yeare alfo this lord exhibited a bill in Starchamber againft Thomas 
Mainfton John Cerney John Weft and divers others, | a compacft neft of deere- 
ftealers, for hunting and killing his deere in Michaelwood chace ; for which their 
purfes after fmarted, And bonds with fureties taken of them and above twenty 
others, (whom they peached,) to bee afterwards true to all his Lo"? games; By the 
diffolution of which knot of Deereftealers his games refted more quiet then in fifty 
years before they had done. 



Pafch:6.Jac: ^fw the fixth of king James this lord brought his writt de valore maritagij 

banco^:^orTiso! againft Thomas Bowfor, brother and heire of Anthony, who dyed feifed of divers 
lands and tenements within the Manor of Hame, parcell of the manor and lands 
called Serjeants lands : The iffue was whether the faid Thomas Bowfer was within 
the age of one and twenty years at the death of his brother or not : The pi' finding 
afterwards that hee was a weeke above one and twenty at his brothers death, who 
dyed beyond feas, proceeded noe further, though hee had taken out his writ of Nifi 
prius for tryall thereof. 



Com. Pleas 

Pafch : 6. Jac. 

rot. 1 1 41. Suflex 

in cOi banco. 



lib: Ward: fol: 16. 

in caftro de 

Berkeley. 



Pafch : 8. Jac. 

rot 1752. comon 

pleas Waller. 



3In the faid fixth of king James this lord brought his Writ of ravifhm' of ward 
againft Agnes Payne widowe, for keeping from him her fon Thomas Payne from 
the death of Thomas his father, for that hee dyed feized of the Scite of the manor 
of Southmundam called Bowley ffarme, and of . 120. acres of land thereto belong- 
ing in the parifh of Pagham in the County of Suffex, holden of this lord as of his 
manor of Bofham by knights fervice, wherein hee recovered great damages, as by 
the record appeareth. 

CllC Inhabitants of fiframpton upon Seaverne clayming comon of pafture for 
their fheep upon Slimbridge old warth, encouraged John Savacre the vicar there to 
put in his ftieep alfo : which Richard Byford an Attorney, noe lefs facflious in 
Slimbridge then the minifter contentious, impounded as a Comoner ; And not only 
brought him but many others of the faid Inhabitants upon colours of Surcharges, 
to compofitions, Taking of fome ten ftiillings, of fome . 30', of fome 3'!-, and of 

fome 



i6i3 %i(e of i^mrp ttje fit0t 355 

fome others more, to the value of ten pound in the year ; whereby for three or four 
years whilft this courfe lafted they were reconed Byfords tributaries. 

3IIn adlion of Accompt was by this lord brought againft Cyprian Wood one of Trin : 38. Eliz : 
the Groomes of his firft wives chamber, fuppofeing hee had remaining in his hands 
one hundred pounds, received from her a fewe daies before her death : wherein after 
pleadings, Auditors | were affigned by the Court, before whom hee accompted, and 816 
paid what was found by them to remaine uniffued in her life time : A fuite the 
rather profecuted upon advertifement given to this lord that two trunks of his fineft 
Linnens were by him, (as an inftrument to a gentlewoman in that houfe,) to have 
been conveyed away by night; The truth whereof was That the trunks being to bee 
ferryed over the mott at Callowdon in one of the brew houfe coolers, the bunhole 
in the midft fell open, and foe the ferry boat being heavy laden began to finke ere 
it was two yards from the fhore ; whereof this lord had early notice by fuch as lay 
in waite to have intercepted them. And foe faved his linnens and other things 
therein, but never difcover'd that his intelligence came from a Sollicitor of his, one 
of the watchmen in that dark night. 

dpon the death of Thomas Tomfon re<5lor of the Church of Sutton iuxta 
Bonyngton in the County of Nottingham, Chrifl; church Colledge in Cambridge who 
pretended title thereto prefented Edward Harwell as their Clerke, in the 21'!" of 
Queen Elizabeth ; And this lord Henry prefented John Savage, who being refufed Trin: 22. Eliz : 
by the ordinary this lord brought his Quare impedit and recovered ; upon which ^q( 
recovery the colledge brought a Writ of Error, wherein the former recovery and 
Judgment was affirmed, and this lords Clerke eflablifhed, ftill the Incumbent there ; Hill: 30. Eliz: 
Hereof I have more largely written in another booke ufefull to this family, in a regis. 
tra6l of the Manor and Barony of Segrave by it felf 



mptm the death of Richard Smyth Reftor of the church of Howby in the 
County of Leicefter, S' George Villers of Brokefby prefented thereto John Bifhop ; Pafch : 22. Eliz: 
And this lord Henry prefented Wittm Read, in the 22'^ of Elizabeth ; who being 
refufed, this lord brought his Quare impedit and recovered. And Read this lords Trin : 23. Eliz : 
Clerke eftablifhed, who ever fmce hath been incumbent there ; '^n the longe plead- '" ^^^^°- 
ings whereof, the difcents afwell of this family as of the lord Mowbraies, And the 
ptition of the Mowbraies lands between the family of Berkeley and the family of 
the Howards, are foe erronioufly laid down and pleaded on both parts, that each 
party might thereupon have trounced the other, | Howbeit ignorance being alike 817 

coiiion 

2 z 2 



356 



€!)e Hibe^ of tt^ S^crhdrpjef 



1534 



coinon to the Counfell and Sollicitors of both fides, neither party was able to 
reprove or take advantage of the others errors or miftakes, And foe a double 
falfhood had by ignorance the paffage of a double truth. Of this Advowfon I have 
more largely written in my other booke laflly mentioned. 

SBnll tfjUjtf endeth this longe title of this lords lawe fuites, of. 85 . pages ; the 
moft toilfome of all my labors, yet pleafmg in the finifliing, becaufe likely to bee of 
much ufe to this noble family in this and ages to come. 

f^i^ ^\e0 of Hanb. 

j^abtng ended the longe title of lawe fuites, I now returne to a fhorter but 
worfe, the fale of lands ; too foone begun and too longe continued. 



carta: 16. ffebr: ^iH the third yeare of Queen Elizabeth in confideration of 893'!- 19? 4'', this 

^' ' lord fold his manors of Kenet and Kentford in the counties of Cambridge and 

Suffolke, with the Advowfon of Kenet, to S' William Peter and his heires ; And 

covenants them to bee of the yearly value of. 37'.'' 5' 4''. And that noe reverfion 

was in the Crown ; whereupon that trouble and expence arofe which I formerly 

818 have mentioned amongft the lawe fuits of this lord ; And thefe were | thofe lands 

Revert. Nov. y* 2 6. that reverted to this lord for default of iffue male of the body of M' Willoughby 

Liberac: 16. Junij. according to the entaile of William Marques Berkeley, And whereof hee had fued 

2. Eliz : livery but in June before as formerly hath been faid. 



fol : 806. 



carta: 20. ffebr: ^fn the fifth year of Queen Elizabeth in confideration of 2050" this lord fold 

the manor of Hovingham in the county of Yorke to S' Thomas Gerrard and his 
heires, the manfion houfe of his grandfather the lord Thomas, as in his life 
appeareth. 

carta 30. Odl : S^ the fixth yeare of Queen Elizabeth in confideration of. 200'i this lord fold 

6. Eliz : ^]j }^ig meffuages lands and tenements in the hamletts or parifhes of Brokenburrow 
and Almfbury in the county of Gloucefter, accounted the fourth part of that manor, 
to John Hollifter Thomas Harper and Margaret Wade, and their heires. 



carta : 26. Maij. 
7. Eliz : 



3fn the feaventh year of Queen Elizabeth in confideration of. 6ooV-, this lord 
fold the leafe of Yate in the county of Glouc' to S' Nicholas Poynz, wherein hee 
had forty two years to come, the ancient habitation of his father grandfather and 
great unkle, and where they had beftowed great charges in building, as in their 
lives hath been delivered. 3(H 



i6i3 



atifc of l^cnrp ttft firjat^ 



357 



3[tl the fame yeare in confideration of. looo" this lord fold the Manor and carta : 8. ffebr : 
Advowfon of Maningford Breoufe in the county of Wilts, to Edward Nicholas 
and his heires. 



5in the eighth of Elizabeth in confideration of — 300'! this lord fold a rent of — carta : 28. Odlober 
14'! p Ann referved for equallity of ptition out of the manor of Bromley in Surrey, 
and out of Lea Gateburton and Schothurne in the county of Lincolne, in divifion 
of Breoufes lands, to Thomas Duke of Norfolke his wifes brother and his heires. 

3[n the nynth of Elizabeth in confideration of 450" this lord fold the manor of '^^'l^/ ^4- Nov: 
Afpele in the county of Warrwicke | to Charles Raynesford Efquire, and his heires. gig 

^n the Tenth of Elizabeth in confideration of 304"- 10^ this lord fold the carta, 25. Aprill 
. . . 10. Eliz : 

manor of Cotes with the members of Preftwold and Houghton, and all his lands in 

Wimefwold Thurmafton and Burton on the olds, in the County of Leicefter, and 

in Stanford in the County of Nottingham, to Henry Skipwith EfqT and his heires. 

3ill the eleventh, of Elizabeth in confideration of 2220'! this lord fold the Carta. 10. Decern, 
manors of Roftlaflon Coton and Linton in the County of Derby, And all his lands 
in Greifly, Caldwell, Durandflhorpe, Lollington and Walton upon Trent in the 
counties of Derby and Leicefler, to Sr William Greifly and his heires. 

3[n the 14* of Elizabeth in confideration of. 3200'! this lord fold the manor of Carta. 28 Nov'. 
Wefton near Baldocke in the County of Hartford, to George Burgoyne and his 
heires, excepting a cheife rent of five pound p Ann going out of Broughtons lands 
in the County of Bedford the inheritance of S' Henry Cheney knight ; of which 
cheife rent I have before written amongft this lords lawe fuites. fol : 798. 

3In the fame h'.*" of Elizabeth in confideration of ^:i6^\- f_ i"! hee fold the Carta : 6. Decem-^ 
manor of Thurlafton and all his lands in Dunchurch in the County of Warrwick, 
to Alice the widowe of S' Thomas Leigh knight late Alderman of London, And 
covenants the fame to bee 61 14' 6"^. ob. p Ann of old rents. 

3In the of Elizabeth in confideration of 800" hee fold the manor of Carta 

fflekenhoe in the faid County of Warrwick to M! Broughton and his heires. 

^n the 15'!" of Elizabeth in confideration of 84'i 14^ hee fold to Thomas Walton Carta. 4 : Nov. 
and Michael his fon and theire heires, two meffuages and three yard land and an 
half in Thurneby in the county of Leicefler. 

9!n 



358 €lic UitoCjS of tljc 25crftclcpjef 1534 

Carta. 4. Nov. ^n the fame IS*!" of Elizabeth in confideration of 24"! 4! hee fold to Robert 

820 ^^^^ '^"'^ '^'^ heires, a meffuage and certaine lands which | hee held in Thurnby 
aforefaid. 

Carta. 6. Nov: 31" ^^^ fame 1 5* of Elizabeth in confideration of — i6o'!- hee fold all his lands 

1$. Eliz: Tenements and hereditaments in Welby ats Oleby in the county of Leicefter to 

William Digby and his heires ; whereby through the ignorance of his officers the 

tenure of Welby it felf, being by knights fervice of the manor of Melton Mowbray, 

was releafed, which was not intended to paffe. 

Carta- I ffebr ^" ^^^ '^'■' °^ Elizabeth, in confideration of 420", hee fold the Manor of 

16. Eliz : Thorpe Sachevill and Twyford in the County of Leicefter, to Thomas Cave Efq' 
and his heires. 

Carta : 30. Apr. 3ftt *^^ fame 16* year of Elizabeth, in confideration of 500"!, hee fold the 

16. Ehz : manor of Witherly in the County of Leicefter, to Michael Ludford and his heires. 

Carta: 3 Sept S"^ ^^^ 1 7'!" of Elizabeth, in confideration of — 720", hee fold the manors or 

17. Eliz: hamletts of Kington parva Brockhamton and Combroke, with all the lands hee 

held in Kington magna, in the county of Warrwicke, to William Burton and his 
heires, except the wood there called Kingfwood. 

Carta -3 Sept 3f*^ ^^^ fame I7'^ of Elizabeth, in confideration of — 520'!, hee fold to Francis 

17. Eliz : Ayl worth and his heires the manor of Kington magna in the County of Warrwicke. 

Carta : 28. Julij 3^" the fame 1 7* of Elizabeth, in confideration of 40*!, hee fold a meffuage and 

17. Eliz : {jjrgg clofes adjoyning in Thornbury in the county of Glouc, to John Davis and his 

heires. 

Carta: 21. Maij. 3[n the I8'^of Elizabeth, in confideration of — 300", hee fold the wood called 

18. Eliz : Kingfwood in Kington in Warwickftiire, (excepted in William Burtons convey- 

ance,) to Andrew Ognell of Badefly Clinton and his heires. 

Carta. 7. Jullj '^n the 2o'^ of Elizabeth, in confideration of — 37'! 6? S% hee fold three houfes 

in Thornbury, (then in leafe to John Tayer at 7! rent for divers years to come,) to 
John Hilpe and his heires, who was the great grandchild of that Richard Hilpe 

821 prefent with William | lord Berkeley and his two brethren at the death of the 

Vifcount 



20. Eliz : 



i6i3 Hife of i^cnrp rt)c fit^t 359 

Vifcount Lifle, flaine at Nibley Greene, and againft whom Margaret his widow- 
brought her appenle, as before is declared in the Hfe of the faid lord William. fol : 548. 

5fn the 22* of Elizabeth, in confideration of 1700'!, hee fold the Manor of Carta:8. m'cij 

2 2. £liz ', 

Elmington and all his lands in Henbury in the County of Glouc, to Thomas fine Hilt: 
Wilmare and his heires : Which manor and lands this lord but the Terme before '^- ^1^^ = 
had drawn from Edward Berkeley of Bradley and Elizabeth his wife, to whom in 
recompence, hee gave forty pounds p Ann for theire lives : And which this lord 
in the firfl; of Elizabeth had conveyed, (for better ftrengthening of his grandfathers 
entaile before remembred,) to the faid Edw"! and the heires males of his body, the 
remainder to Maurice his brother and the heires males of his body. The remainder 
to Frances their mother for life, wife to Richard Danvers, the remainder to his own 
right heires. 

CI)C fame year in confideration of r6o''.-, liee fold all his lands in Stichall in the Carta : 4. Nov : 
county of Warrwicke and in the County of the Citie of Coventry to Arthur ^'' 
Gregory and his heires ; And thefe formerly were fold to Richard Turner, and 
after repurchafed and fold as aforefaid ; And were efteemed as a member or 
Hamlett of Callowdon Manor. 

3[n the 2 7'^ of Elizabeth, in confideration of 256o'!', this lord fold the manor Carta. 22. Apr. 
Caflle and lordfhip of Bretby and all his lands in Repington and other Hamlets 27. Eliz : 
there in the County of Derby, to Edmond Scarlinge and Lawrence Wright and 
their heires, perfons trufted by the lord Stanhope, whofe now it is ; Of the parke 
whereof this lord in the eleventh of Elizabeth had given a leafe for 21 years to his 
fervant Thomas Duport, which was excepted in this fale. 

^n the 29'^ of Elizabeth in confideration of 2500" this lord fold the manor of Carta: 14. Aug: 
Dalby Chawcombe, and all his lands in Ardeburrowe South croxton and Kirkby ^9- Eliz : 
belers, to S' John Burrow knight and his heires. | 

3In the fame 29*? of Elizabeth, in confideration of — 3200", this lord fold the 822 
manor of Sileby and all his lands in Thurneby in the County of Leicefter to ^^"^p,: '°' *-**^°^' 
George Shirley Efquire and his heires ; who in the fame year had maryed his 
daughter ffrances Berkeley, As after in the title of this lords iffues followeth. 

5in the 42'^ of Elizabeth in confideration of ten thoufand pounds all paid in Carta : 18. m'cij 
hand, this lord fold to Sr John Spencer Alderman of London and his heires. The ^'' ^'' 

manor 



^ 



360 



€!)c ttibfief of rtjc 25nrftricpitf 



1534 



manor of Coldoverton (3000'!) with the Advowfon thereof in the County of Leicefter, 

And the manors of ffenyftanton (3000'i) and Hilton, And of Auconbury (4000'i) and 

Wefton in the County of Huntington ; Sfinb in regard that 3000" the price of 

Coldoverton, came wholly to his fon Sr Thomas Berkeley, It was by Deed con- 

Carta : 7 Maij eluded between them That the fix hundred pound Annuity agreed upon at his 

42. Ehz: marriage fhould thenceforth bee but — 533'! 8^ ; Howbeit the 4000'i received by this 

lord for the price of Auconbury and Weflon flept not foe quietly in his purfe, but 

Comp : cum Oth : that (through the generall warranty hee gave to S' John Spencer) hee departed 

with — 400'i thereof befides chargea to kinge James upon a compofition for a clofe 



7. Jac. Regis. 



Triii : and Mich : 

terme. 7. Jac. in 

coi banco 

Carta : 1 2. Maij 
44. Eliz : 



Carta. 16. Septem!' 
9. Jacobi. 



of — 480 . acres, parcell thereof, called great fartfeild and other lands, wherto his 
Ma".' made title as parcell of his fforreft of Sapley and Weybridge in the faid 
County, And fometime affarted thereout : And the faid Sf John Spencer for his 
better affurance did afterwards bring againfl this lord and his fon, two writts of 
Warrantia chartae. 

3fn the 44* of Elizabeth, in confideration of i32o'?-, hee fold the Manor of 
Daglingworth in the County of Gloucefter to Sir Henry Poole and his heires ; 
And this money coming alfo to his fon S' Thomas Berkeley, (for payment of whofe 
debts hee joyned in fale thereof,) It was agreed That Thirty three pounds and eight 
fhillings of his Anuity fhould bee abated, And the fame thenceforth to bee but 
five hundred pounds by the yeare. 

5ln the nynth of king James, in confideration of 2225'i, hee fold to Phillip 
Langley Efq' and Mary his mother and their heires the manor of Mangotsfeild in 
the County of Glouc. ; To which grant S! Thomas Berkeley and the lady Elizabeth 
his wife were alfo parties. | 



823 

Nov. 
8. Jac : 



3[n the 8* of king James, in confideration of 800", hee fold to Thomas Yate 
and his heires the manor of Erlingham in the county of Glouc, which was part of 
that land hee had by compofition the year before from the lord Vifcount Lifle. 



5[n the fame year alfo for fatisfacftion of that fum of money which hee paid to 
the faid Vifcount Lifie, and for difcharge of his own former debts, hee raifed — 
1 183'! by the fale of twelve tenements in Wotton, Nibley, and Cam, in ffee farme, 
which hee fold to Walter Ofborne, William Ven, John Staunton, Arnold Oldifworth, 
Thomas Perry, Thomas Adams, Robert Dawe, Rob' Smyth, Thomas Trotman, 
William Marten, John Wilkins, and Edward Trotman jun' ; In all which this lord 

referved 



i6i3 %ik of ]^nirp tljc fit^t 361 

referved the former old rents Heriots fuite of Court and all other fervices before 
paid or done. 

5Cnll at the fame time for the fame caufes hee fold certaine outlandsin Horton 
Kingfcote and Minchinhampton to Arthur Came, William Shipton, and Edward 
Barnefeild, for which hee had fix hundred pounds. 

31!^ for the lands in Calais, they were loft when that Town was in the time of 
Queen Mary taken by the ffrench. 3CntJ the lands in Thorpe and Kingflon in the 
County of Nottingham hee gave to Thomas Read his bayly of Segrave ; which 
were after fwallowed up by the great manor of the Earle of Shrewefbury, wherein 
they were. 

5tnb in place of all thefe manors and lands thus fold for — 41399'- 13'- hee pur 
chafed of M*: Beconfale in the 13'.'' year of Eliz. the little poor manor of Canonbury, 
of the value of — 5'! 11! 8"! p Ann., out alfo of which is iffuing to the Crown an 
yearly tenth of 2'. 4"! ; fometime parcell of the poffeffions of the oft menconed 
Monaflery of S! Auguflines by Brifloll, of the foundation of the lord Robert the 
firft, late Thomas Sackviles lord Buckhurft ; which is all the land heretofore given 
to any monaflery or other religious ufe which this family hath had fince the firft 
fuppreffion of Monafteries or | other religious houfes ; Whereby this noble family 824 
feems plenarily abfolved from that black obfervation of divers modern hiftorio- Heyward in vita 
graphers and divines, who write to have obferved many great families, purchafers ?.\^' '?.l* '55- e' 
of church lands, to melt to nothing ; And wifh that the refidue might bee obferved 
in times to come, whether they alfo confume not by riot or improvidence. 

%0 for Tythes heretofore belonging to Church or Monaftery, this family hath 
none at all, no not in their own manors ; whereby none of the fharpe pens of 
divines cenfuring thofe as facrilegious perfons that receive tythes or any other thing 
that hath heretofore been fet apart and confecrated to Gods fervice ; making it fin 
and facriledge to take or keep them from Gods Miniflers, doe at all fmutt or point 
at this family : Neither did the minority of this lord Henry, (although then a 
Baron,) permit him to bee any of thofe parliament men in the 27. 31. and 38. H. 
8. or in i. E. 6., (all thofe times under fourteen years,) that fuppreffed religious 
houfes and Chanteries ; cryed down in print by Armies of divines in thefe daies, to 
have done like wicked Judges, who banifhed the theeves but took the ftolen goods 
unto themfelves. 

get 

3 A VOL. II 



36a 



CIjc Hibfrf of tf|c fSerhctfpjtf 



1534 



825 

Warrant under 

feale in Berkeley 

Caaie. 



^et was, upon a title pretended to this wholl manor of Canonbury by the 
Crown, a new patent enforced to bee procured in the end of Queen Elizabeth, 
whereby this lord welnigh made a new purchafe thereof, in the name of John 
Denis and others. | 

iCtje 27'^ of March in the tenth year of Queen Elizabeth, Anno 1568, this lord 
from Callowdon direfted his warrant to his fervant Henry Ligon to new build a 
Lodge in that part of Michaelwood upon the hill where now it ftandeth, called the 
park hill ; for that the old is the former place and one other in another place of 
that chace were grown into utter ruin and decay, (faith the warrant,) ; which was 
done, and paid for by William Lawrence his then Receiver who likewife had a 
warrant to iffue out the money. 



3IIbout the 2 2'^ of Elizabeth was the porters lodge, the buildings towards the 
great poole on the northweft part, of Callowdon houfe, with the brewing houfe, 
the ftables, and many other out houfes both within and without the mot, built of 
new ; And the roofs of divers of the houfes of thofe old caftle buildings taken 
down and foe far altered that the whole houfe might bee faid to have been moulded 
and made new ; But for the banquetting houfe on the northfide of the faid poole, it 
was the polite work of the lady Elizabeth wife of Sr Thomas Berkeley in the 
fortieth and one and fortieth years of Queen Elizabeth, And the retired Cell of her 
foules Soliloquies to God her creator. 

Annis. 35. et. 39. %t Other times this lord built all the new timber buildings at new park lodge 

with fome of the out houfes, whereto his grandchild the lord George hath lately 
given a fair addition ; And put alfo the lodge in Whitcliffe parke into that comlines 
it now rejoyceth in. 

Anno. 29. Eliz : Cljlitf lord alfo made of new the ftone bridge leading into Berkeley caflle, 

826 which before was a draw bridge of timber ; And fet | up thofe faire flone pillers 
and buttreffes, whereby the Keepe and great kitchen feeme fupported. 



<©tl^fCjtf of like condition at Yate Mangottsfeild and other places hee repaired, 
which being now fold away I pafs over, and come to the title of this lords recrea- 
tions and delights, wherein hee tooke too great a delight. 



i6i3 Hife of I^cnrp tijc fit^t 3^3 

^10 rccccationitf anb t«cUgt)ti^. 
I^oto this lord entred upon his pleafures, or rather his pleafures upon him, fo 
foone as his youthfull years were capable of delights, it hath already been related 
in the title next before his law fuits. 

CI^C hours may feeme too many which this lord fpent in his beft ages at bowles 
tenis Cockpit Shufgrote cards and dice, efpecially when hee liked the company ; 
511nD I will, without blemifh to his honor, tell his poflerity. That his longe and 
flender lady-like-hand knew a dye as well and how to handle it as aay of his ranke 
and time : Infomuch as once about twenty years agone at Callowdon, playing at 
the Irifh game at tables with Francis Stafford one of the yeomen of his great 
chamber, for three pence a game, And having the game in fuch affurance That 
almes-ace would have carried all his table men, hee turned his face to my felf and 
others then Handing by, and merily faid, will you fee mee loofe this game by throw- 
ing leffe then Almes-ace ? And fo hee did indeed, by carting one dye upon the 
other in the corner of the tables, and the ace peepe upwards, on the other dye ; 
whereat when wee wondred, hee faid that hee had not done the like, (though often 
affayed,) of many years before. 23llt | his cheife delights wherein hee fpent near 827 
three parts of the yeare, were, to his great charges, in hunting the hare fox and 
deere, red and fallow, not wanting choice of as good hunting horfes as yearly hee 
could buy at faires in the North ; And in hawking both at river and at land ; Still) 
as his hounds were held inferior to no mans, (through the great choice of whelps 
which with much care hee yearly bred of his choiceft braches, and his continuall 
huntings,) foe were his hawks of feverall forts ; which if hee fent not a man to 
fetch from beyond feas, as three or fower times I remember hee did, yet had hee 
the choice as foone as they were brought over into England, keeping a man lodging 
in London, in fome years a month or more, to bee fure of his choice at their firft 
landing ; efpetially for his haggard falcons for the river, wherein hee had two that 
fell in one after the other, and lafted twelve or more years, the one called ftella, and 
the other kate, that were famous with all great faulconers in many counties, and 
prized at exceffive rates, efteemed for high and round flying, free ftooping, and all 
other good conditions, inferior to none in Chriftendome ; whom my felf in my 
younger years waiting upon his fon Thomas, then not twelve years old, at Binly 
Brooke, have in the height of their pitch, loft the fight of, in a cleer evening : 5inD 
for huntfmen and falkeners, noe man could bee better ferved than this lord ; Of 
whom I may not omit the naming of Tooly and Guy Good, men fmguler in their 
profeffions, And (as may bee faid) borne and bred for the delights of princes and 

their 
3 A 2 



364 €tft TLiiK^ of tl)c 25crhricpjEf 1534 

their peeres : 25ut being in a title whereto my felf was neither born nor bred nor 
ever much delighted, and loth to borrow words for adorning of thefe his fports out 
of the books of thofe who have extolled thefe recreations, I will conclude a world 
of matter which mine eye and ear could fpeake hereof with the old verfe, Omne 
tulit pundlum qui mifcuit vtile dulci, 

Hee of all others is the noblefl wight, 
That intermixeth profit with delight. 

828 And I remember that in the 39'^ of Queen Elizabeth, after the | death of his 
wife and before his fecond manage, at the firft coming of John Crefwell his Steward 
of houfhold, giving him authority of difplacing whomfoever hee found in his houfe 
diforderly, hee by fpeciall words exempted his Cookes Huntefmen and faulkeners ; 
which intimated to the obfervation of all his family then prefent his inbred inclina- 
tion to his fports, and to hofpitallity, which was generaly applauded. 

^i0 I^ospitalUtp. 

]@t)(1t houfhold port this noble lord for his firfl twenty years after full age, that 
is till the beheadding of his brother in lawe the Duke of Norfolke in the 13'!" of 
Queen , Elizabeth, had kept, hath before appeared ; About which time the tide 
began to turne with this family. And their full fea ebbed ; Efpetially when the 
power of Robert Dudley Earle of Leicefter, often before mentioned, under his 
Court greatnes and Queen Elizabeths title, and the fale of eight or more manors by 
that time fold away, had drayned foe great a portion of their poffeffions : from 
which time, upon this lords returne from fojourning with S' Thomas Ruffell at 
Stranfham, the check roll of his fervants was fhortened forty perfons at the leaft, 
and many un-ufefull people pared of; Howbeit the faile this family flill bore for the 
next twelve years or near thereabouts, feemed full, and the gale faire ; And his 
hofpitallity much renowned in all the neighbourhoods of his abodes ; But then 
about the 26'!" of Elizabeth, upon the fecond recovery of Arlingham with the other 
manors" and lands contained in the fecond information, formerly alfo mentioned, 
And the further fales of feven or eight other manors that had in that time been 

829 done away, upon this lords returning from fojourning with S' John | Savage of 
Baraper, the former checkroll of his houfhold fervants was againe further ftiortened 
twenty perfons at the leaft, and a fecond paringe of other unufefull drones : How- 
beit. removing from Baraper to the white ffryars in Coventry, And my felf at that 
time firft becoming a member of that houfhold, I well remember the number then 
was about three fcore and ten of all forts ; In which condicon it continued till 

within 



i6i3 life of l^mrp t^c firat 365 

within a year or two before his wife the lady Katharine dyed, and the mariage of 
his eldeft fon to the daughter and heire of George lord Hunfdon, as after foUoweth: 
And thence forth till his death in the Eleventh of king James, whether hee lived 
with his fecond wife at her houfe in Barbican in London, or at Callowdon (as moft 
hee did,) it was very honorable and praife worthy though fhort of the former 
greatnes : 5lllU> I write what more then . 200 . times I have obferved, That noe 
monies went foe cheerfully out of the purfe of this noble lord as thofe which were 
delivered to the Steward, Clarke of the Kitching, Purveyor or Cator, for the pro- 
vifion of his family : And in what honorable fafhion this lords family flourifhed at 
Callowdon till the day of his death and fome weekes after is not unknown to my 
dedicatees, at their breaking up of that family and their departure, the mother and 
fon for London, And the lady her daughter with S^ Robert Coke her hufband for 
Coventry ; 3tnD for the regulating of this family let thefe ftanding orders enfuing 
fpeak for all, compofed by M' George Savage then Archdeacon of the County of 
Glouc. and M' Cheney, fometimes Stewards of houfliold, M' Payne the old ladies 
gentleman ufher, and two or three others of this lords officers. And by both lord 
and lady approved of, as followeth, viz', 

1. CI^C gentleman ufher to bee in the dininge chamber in fummer by feven Gent, uflierand 
and in winter by eight of the clocke, or fooner if ftrangers bee there, and to fee " emen: 
every thing therein fet in order, according to the feafon of the year : That himfelf 

bee not only at fervice, but doe fee the reft of the gentlemen to bee there alfo to 
heare fervice, when and foe often as any (hall bee either in the great Chamber or 
Chappie. 

2. That noe gentleman come into the great chamber without his cloake | or 83O 
livery coate ; And when there are flrangers, to bee all or mofl part in the dining 
chamber after dinner and fupper, to fhew themfelves and doe fuch fervice as caufe 
fhall require. 

3. That noe gentleman bee abfent at dinner or fupper times without fpeciall 
lycence, and then not to break their time appointed for their returne. 

4. The faid gentleman-ufher to fee all ftrangers of worth and that fliall bee 
admitted the great Chamber well entertained for the honi; of the houfe, and that 
they want nothing neceffary at their Chambers ; And when any gentleman of quality 
fhall come, that hee and the reft of the gentlemen bee ready to bring him into the 
great Chamber, and when fuch a one goeth away to bring him to his horfe. 

5. That 



366 



€l)e HitCiBf of tl)c 25crhrirpjef 



1534 



5. That noe gentleman (the gentleman ufher excepted) fhall come into any of 
the Offices befides the buttry or cellar, in abfence of the gentleman-ufher, to give 
entertainment to ftrangers. 

6. The gentlemen to come to the dreffer at the firft call of the uflier, and there 
to behave themfelves decently without noife or uncivill behaviour. 

7. When the lord himfelfe rideth abroad, the gentleman ulher to fee the 
gentlemen to ride before, two and two, decently without any lewd fpeech or other 
rudeneffe, 

8. If the Ufher of the hall, hearing great noife at Dinner or fupper times, 
Ihall bid make leffe noife, noe gentman to feeme to fcoffe or jeft at him, but orderly 
to ufe moderate fpeach for the better example of others. 

Yeomen. 9- 3111 the Yeomen to bee ready in the Hall before the time of fervice, and to 

goe up with the Yeoman ufher to prayers, and none to bee abfent without fpeciall 
licence or other earneft imployment. 

10. Noe Yeoman to lye out any night, but to bee in their lodgeings by 9. of 
the clock at night. 

11. Noe Yeoman to come into the buttry, pantry, cellar, kitchen, fcullery or 
831 other offices, except they fhall have buifmes there by | their lords imployment, nor 

to give any ill language to any Officer that fhall reafonably tell them thereof; And 
each diforderly perfon therein upon proofe made by the officer before the fteward 
of houfhold, to loofe his fervice, or undergoe other punifhment. 

1 2. All the Yeomen to come at the firfl call to the dreffer, and there to behave 
themfelves civilly, and without noife and rudenes, but to carry themfelves as in duty 
becometh that fervice. 

13. The Yeoman ufher, yeoman of the great chamber, and ufher of the hall, 
to bee dire6led by the gentleman ufher how they fhall ufe their offices, by whofe 
authority they are to bee commanded touching their orderly fervices. 



Porter. "4- The Porter to let in noe flrangers but by the appointment of the Steward 

of houfhold, except gentlemen or men of good fort. 

15. The 



i6i3 



%iit of i^nirp tljc f ir^eft 



367 

Yeomen of the 
dyning chamber. 



1 5. The yeomen of the dininge chamber daily to ftrew the rufhes : to take out 
all fpotts as (hall tappen in the carpetts, chaires, or ftooles ; to duft the cufhions ; 
In the winter to have fire in the chimney, and in the fommer flowers in the 
windows : either both or one of the yeomen to bee there continually waiting, to 
remove ftooles, fnuffe the lights, and to light gentlemen ftrangers to their chambers, 
when they (hall goe from thence to bed ; And that they fuffer noe doggs to come 
into the dyneing chamber. 

16. No yeomen to bee abfent atferving up of liveries in gentlemen ftrangers Serving up of 
chambers, if any ftrangers bee there. 

1 7. When the lady (hall ride abroad, the yeoman u(her to difcharge his duty Riding abroad, 
in caufing the yeomen appointed to ride to keep togeather, without tarrying behind 

their company and fcattering abrode ; And when they come through any Town, the 
yeoman ufher to place them by two and two orderly. 

18. Noe yeoman upon leave obtained to ride abroad to break the day appointed Keeping of dales, 
for his returne, without fome fpeciall and manifeft caufe thereof. 

19. Such yeomen as (hall bee appointed by the gentleman u(her to waite in 

the dyninge chamber, when my lady fitteth abroad, | (hall with due reverence and 832 

diligent attendance doe fuch fervice as they fhall bee appointed by the gentleman Keeping of daies. 

u(her in each refpeft. 

<©tllCt orders there were, particulerly refledling upon this lords wife, here 
omitted, little defiring to meddle in the matter of woemens greatnes.^ 



M0 rcluacD^ to jtfcrtjant^, 

5[ toiU not come too neare the heeles of this title, nor draw a needleffe envy 

from the fons and furvivors of fuch whom the bounty of this lord Henry raifed 

and rewarded in the firft ten years after his full age and reftitution to his Barony 

of Berkeley, what times the leaft deferving of twency or more then in relation to 

this family in the feverall Counties of Glouc, Somfet, Leicefter, Darby, Huntington 

and Suffex, had their barren feilds watered from this lords bounty, fome for years, 

others for lives, with the value of 60'! 80'.' 100'? 150'; 200" and 300'; a peece by the 

year 

1 Certain Orders for the regulation of the Houfehold, found at Candover Hall, were in 1601 given 
by this Lord's fecond wife. — See Appendix to this Life. [Ed.] 



•* 



368 Cljc %1'tiCfi of ti)C 2?arhdcp^ 1534 

year and more, above the rents referved upon fuch leafes, fome of which determined 
not till within three years now paft ; the mod of them rather bred to drink fport 
and play, then for merit or imployments ; Neither grew this lords bounty much 
dryer to fundry others in the riper part of his life, As the living may witnefs, and 
the Annuities left iffuing out of his lands at his death doth teftifie. And as in his 
laft will and the Office found after his death hereafter mentioned is fpecifyed : 
Onip of my felf I will write in particular, that the faire afpeft of this lord for 

833 almofl thirty years | before hee dyed, and alfo of the lady Katharine his firft 
wife and of their fon and granchild the now lord George, with the lady dowager 
the grandchilds mother, have by a liberall influence flioured by former and later 
raines more bounties upon mee then 1 have either means or dales remaining to 
deferve, otherwife then by this humble and thankfull acknowledgment : Into which 
bountifull catalogue conferred on my felf, let mee alfo bundle up the noble curtefy 
of this lords vifiting mee at Gloucefler, in my dangerous ficknes of fix weeks con- 
tinuance in Auguft and September, 1608 . Anno, 6'? Regis Jacobi, what time I loft 
the ufe of reafon and all mens hope of recovery ; And by a gratefull memorial! 
acknowledge the unicornes home Befaar ftone and exquifite Jellyes, often by him 
fent unto mee, whereby my dales feeme repryved to this prefent ; 3llnD I defire 
this humble digreffion may reach alfo by like thankfulnes to the aforenamed lady 
Dowager, mother of my lord George, acknowledgeing her like noble curtefy of 
travelling many miles to Wotton Underedge 12. years after, to vifite mee in another 
ficknes, which report had declared likely to bee the clofeing of my pilgrimage. By 
the memoriall of which memorable curtefies, my defires have inlarged my travailes 
about thefe relations. 

i^t^ ^Imr^ anb tic\)otton$(. 

Cllt former titles of hofpitallity and of rewards to fervants, challenge this of 
this lords Almes and devotions in the next place. 

3fitf touching this lords Almes to the poore, it was three dales in the weeke 

834 wherein the poore of 4 . 5 . and fix country | pariflies and villages next adjoyning 
to Callowdon were releived, with each of them a meffe of wholfome pottage with a 
peece of beoffe or mutton therein, halfe a cheate loafe,* and a kan of beere ; befides 
the private Almes that daily went out of his purfe, never without eight or ten 

(hillings 

* The fecond fort of wheaten bread, ranking next to manchet. There were two kinds of Cheat- 
bread, the befl or fine Cheat, and the coarfe Cheat, ravelled bread. The fecond fort ufed in the Halles 
of the Nobility Gentrie onelie. — (Halliwell.) [Ed.] 



i6i3 



%ik of l^cnrp tl^e fim 



369 



fhillings in fingle money, of 2'^. 3"! and groates, And befides his Maundy each thurf- 
day before Eafter day, wherein many poore men and women were clothed by the 
liberalHty of this lord and his firfl wife, whilft they lived : And befides twenty marks 
or twenty pound or more, which thrice each yeare againfl the feafts of Chriftmas, 
Eafter, and Whitfontide was fent by this lord to two or three of the cheifeft in- 
habitants of thofe villages, and of Gosford ftreet at Coventry, to bee diftributed 
amongft their poore according to their difcretions ; All which to bee true, befides 
mine own knowledge, the living and graves of the dead that relifhed this his pious 
Almes and charity, doe teftifie with mee. 

%Vfi for his publike frequenting of fervice and fermons, and for his private 
devotions in his chamber, I have many and many times feen and obferved him 
affoone as hee was out of bed and clothed, to bee upon his knees in his bedchamber, 
calling upon that God for mercy and forgivnes to whom his foule is now finging 
alleluia for the mercy and pardon it hath received ; And many and many times 
hath this right hand of mine that thus tranfmitteth this paffage to his pofterity, laid 
his cufhion and brought his prayer books, and againe taken away the fame : And 
often and againe have thefe feet of mine attended at his chamber doore for acceffe 
whilft thus pioufly hee hath been in his Soliloquies with God : This I tell his chil- joei i vers 3. 
dren, and let them tell their children, and their children another generation. That 
this was the pious pra6lice of this their Anceftor ; who out of the fervency of thefe 
his devotions ftill feemes fpeaking to his grandchild and heire, as king David in his sChron. 26.vers.6 
old age a few dayes before his death did to Solomon his fon ; 311ntl thou George 
my fon, know thou the God of thy father, and ferve him with a perfeft heart and 
with a I willing mind : for the lord fearcheth all hearts and underftandeth all the 835 
imaginations of the thoughts : if thou feeke him hee will bee found of thee ; but if 
thou forfake him hee will caft thee off for ever. 



1^10 a^sffifcnanicsf, or tariouir parfsfagesf, not rcbutcabTc untjcr anp of rtje 

formct title;^. 

I. S'n rtif yeare 1593. the Inhabitants of Howby in the county of Leicefter, 
by their petition in writing, complayned to this lord Henry againft Sir George 
Villers knight for a great inclofure by him unjuftly made of their Cow pafture and 
of a great part of their arrable lands and Comon feilds, wherein hee had alfo in- 
clofed part of this lords land, and part alfo of the gleabe land of the Reftory of 
Howby whereof this lord was patron : Hereupon my felf was fent to enter and dig 
down part of the ditch and quick fet, which I did in feverall places : Sir George 

came 

3 B VOL. II 



370 €t)c UibrjJ of tljc 25crhdfp^ 1534 

came thereupon to this lord at Callowdon, And promifed foe fair to recompence 
each party greived, that further proceeding was not, untill another petition or re- 
monftrance came under the hands of moft of the faid inhabitants efpecially of thofe 
holding of M'. Brokefby, that they were fatisfied by exchanges and otherwife ; 
Howbeit fith noe writing touching that conclufion was amongft them, nor yet is. 
It is not unlike but in time to come fome prejudice to this lords pofterity and to 
thofe Inhabitants may grow thereby ; the caufe why this memoriall is here fet 
down. 

2. 3fn the year 1597, one Edmond O-nele, who pretended himfelf to bee a 
Romifh Bifhop of Ireland, was apprehended at Nuneaton not farre from Callowdon 
where this lord then lived, as a forraigne fpye or intelligencer ; One Edward Pynne 
then a fchoolmafter in Nuneaton, publiquely before two Juftices of the peace affirmed 

836 That O-neale fhould in private requefl him to | goe to this lord Berkeley in his 

name, and bid him come and help him, hee then going towards the comon gaole : 

• which brought this lord fome trouble and danger : but in the end hee was dif- 

charged by the privy Counfell, And Pynne the Schoolmafler laid open to bee a 

lewd and factious knave. 

3. CljC greateft part of this lords abiding after his mothers death, happening 
in the fixth year of Queen Elizabeth, was at Callowdon till his own death in the 
eleaventh of king James ; from whence once in two or three years hee ufed in July 
to come to Berkeley, not comonly by one way, lodging in his journeys at the houfes 
of gentlemen his freinds and acquaintances, As at Claredon, Milcote, Clifford, Sain- 
bury, Shirborne, Saperton, Lackhampton, Caffies Compton, Gloucefter, Ellmore, 
ffrocefter, Laffeborrow. Downamny, and fome others, by bending his journeys 
fometimes on the one hand and fometimes on the other. 3it was an innate dif- 
pofition in him to avoid lodging at Comon Innes ; ^n '^'^ ^^^ daies Journey to 
Berkeley I have often attended, when I have obferved him met by the way and 
accompanied with 300, 400, and 500, horfe of his kindred freinds and tenants ere 
hee came to Berkeley town, though he ufually fet forth from Callowdon with 
feldome above fourteen or fixteen ; which confluence of trayne, how it daily doth 
and more is like to degenerate, let his pofterity obferve and declare to their 
generacons. 

4. lUing James the I4'^ of Auguft in the firft of his raigne, Anno 1603, made 
this lord Henry Lievtenant of the County of Glouc. ; whofe deputies were, Sf 

Richard 



I 



1613 Sife of J^cnrp rtjc fir^t 371 

Richard Berkeley knight and WilHam Dutton of Shirborne Efq', authorized from 
him by his fever^ writings of deputation under his hand and feale. 

5Ilnll the 26* of May in the 7'^ yeare of his raigne, the faid king James by his 
other tres patents of new granted to this lord the faid Office of Leivtenancy within 
the faid County and within the Citie of Gloucefler, more amply then at firft : Both 
which remaine in Berkeley Caftle under the great feale of England. 

5. CoiltI)in9 all paffages in that office and authority of Leiv- ] tenancy his 837 

Sollicitor for his better difpatches kept certaine books, wherin all tres from the 4 libri in Caftro 

. de Berkeley. 1 

king the privy Confell or any others and his anfwers were entred ; and alfo 

how each particular gentleman and other inhabitants of that County, and in the 
County of the Citie of Glouc, afwell of the Clergy and Laity, were charged with 
armes, foote, or horfe ; And of what age Stature and abillity each one in that 
county was of, were likewife particularly expreffed, with fuch other remembrances 
as feemed incident to that honorable office ; And alfo what foldiers were during his 
leivtenancy fent into Ireland, and how furniflied and at what rates and how raifed ; 
wherein to y* honor of his memory I will tell his pofterity. That in fending of one 
hundred foldiers in the fixth of king James for Ireland, hee obferved that fome 
were preffed out of malice and difpleafure, and for other unapproveable ends ; 
whereupon calling all the foldiers togeather to Glouc, then accompanied with one 
hundred gentlemen at leaft of the county, hee openly publiflied before them all, 
That if hee might underfland of any that had given money to flay, hee fhould flay, 
for hee would not have any to goe and loofe his money alfoe ; And if any there 
could prove himfelf to bee preffed by Conflable or other for malice or difpleafure, 
or for other private ends, 'hee fhould not goe ; By which means hee having dif- 
covered many of both kinds, hee caufed reftitution of the money taken to bee 
made to a peny, but fent that foldier that gave it; And releafed divers of fuch as 
appeared to bee malicioufly preffed, faying, (then in fadnes without diffembling,) 
That none of what quality foever fhould make his authority an inflrument of quit- 
tance or revenge : 5tnil laflly, as each of thofe foldiers was called by name and 
deliver'd to their conducflor, hee caufed my felf to put 1 2? the peice into the hand 
of every foldier out of his own purfe ; which courfe drew upon him a world of good 
words praifes and prayers from each one prefent : 31lnb I alfo remember that at that 
inflant of departure, one of the foldiers openly greived and wept at his going, which 

all 

' This interefting Volume is now in the poflelTion of Reginald Cholmondeley, of Condover Hall, Co. 
Salop, Efq., Smyth's lineal difcendant. — See Pedigree, Vol. I. Preface. [Ed.] 

3 B 2 



37« 



€l)e Hibcjef of tf^t fSerhcIrpjf 



'534 



all the other 99 obferving, they fell upon him with opprobious words, of Coward, 
Cotquene,^ milkfopp, difhwafh, and the like, and with one unanimous requeft be- 
fought this lord That fo bafe a Coward might not bee of their bond ; whereupon, 
838 having been difrobed of his Armes, hee was with much reproach | fent home, and 
ajiother put into his place : for which fupplies, if occafions fo required, this lord 
had to that inftant kept three or fower in ftore. 



fol : 782. 



6. C!)C Maior of Wotton hath ufually a Mace of filver borne before him by 
the Serjeant of that burrowe, with the Armes of the lord of that Town on the 
lower end thereof; which were the lord Lifles, And fo had from the time of Henry 
the fixth continued till the firft of Queen Elizabeth, when that old Mace was fold, 
and a new made with the Armes of this lord engraven that year upon it : which 
againe in the I5'^ year of that Queens raigne, upon the loffe of that burrowe 
town was defaced, And a new Mace made with the Armes of the then Earles of 
Warr and Leic' engraven thereupon, which continued till the 8'^ year of king James; 
And then was that mace again6 excluded, and a new bought, (much longer then 
any of the reft,) with the Armes of this lord Henry engraven thereupon. Co which 
laft alteration my advice was guided by the prefident of the fifteenth of Elizabeth 
formerly mentioned ; what time alfo the prudent officers of thofe two Earles drew 
into their hands each leafe and Copy formerly made in any of thofe manors, then 
recovered againft him, whereto the name of Berkeley was, to extirpe the rather 
the memoriall of that name : Howbeit that divine providence that often turneth the 
aftions of men to other ends then they were intended, hath of late years brought 
all the fame into Berkeley caftle in great files and bundles, to the perpetuating of 
that name whereof they intended noe memoriall, as in part is before touched 
amongft the law fuits of this lord. 



Carta in caflro de 
Berkeley. 



7. CljiitlCjS Howard Earle of Nottingham, high Admirall of England, by his 
patent dated the I4'^ of November, 1603, in the firft year of king James, confti- 
tuted this lord Henry his vice Admirall upon the river of Seavern throughout the 
county of Glouc. ; which hee enjoyed till his death. Whofe Steward my felf was 
therein. 



839 

Lib[e]r vocat le 

Woodbooke in 

.caftro de Berkeley. 



8. 5'tt May - 1609 . in the /'l" year of king James this lord caufed a view to bee 
taken of all manner of trees growing upon any of | his tenants lands holden of him, 
by Indenture or by Copy, in the counties of Glouc. and Sonifet, and upon what 

ground 
1 A man who bufies himfelf with women's affairs. [Ed.] 



i6i3 Hifc of l^cnrp tfjc fit0t 373 

ground, with an eflimate of their value ; And what trees had been cut by any 
tenant within thi-ie years before, and how they had been imployed ; which provi- 
dence begot a faire book fhortly after written by Wittm Archard one of my Clarks, 
and prevented many of thofe wafls that tenants ordinarily do coiiiitt, and lords 
neglect to punifh. 

9. ^ but afcertaine this noble lords poflerity that I fpent a month and more, Monies raifed. 
in tumbling over all fuch bookes of Officers and Minifters accompts as might in- 
forme mee and I them, what the totall fum was of all moneys which came to this 
lords hands, and were raifed in rents, fines, heriots, fales of Coppice woods, and of 
timber, and in the fales of the lands hee made, in the benevolences of his tenants 
thrice given him, and lones (never repayed,) And in the Aydes hee had from his 
freeholders, monies paid for Confirmation of Cuftoms of Bofham, Auconbury and 
ffenyflanton manors. And for fuch wardfhips, releefes, and other cafualties as 
happened and came to his Coffers and were put into accompt, from the firft of 
Queen Mary to his death in the eleventh of king James, the fpace of threefcore 
years ; And that the totall thereof cometh to two hundred and fixty thoufand and 
five hundred pounds : 511nD withall, that I am confident (out of the induftry of my 
labors therein) that I have not erred two thoufand pounds: Telling alfo his poflerity 
out of mine own knowledge, for thirty years before hee dyed. That whatfoever 
money this lord received or after iffued out, it was exactly fet down in writing. 
And at his generall Audit at the years end cafl into the Accompt of his receivor 
generall : And that for fuch r^dy monies not otherwife iffued but delivered to him- 
felfe, which was the half of his yearly revenue at the leaf!;, That hee not only kept 
with himfelf a booke of the receipt thereof, and from whofe hands it came, and of 
what nature it was, but alfo how each peny thereof was paid out by himfelf againe, 
whether deliver'd to the Steward of the houfhold, purveyor, Clarke of the Kitchen 
or Cator, or otherwife iffued, for which they againe accompted : Only what thereof 
hee would fhould bee concealed, hee entred (as being put into his purfe ;) Some of 
thefe books and accompts are in Berkeley Caflle, but more of them came after his 
death, (much againfl | my defire,) to the hands of his two executors, Sr William 840 
Cooke and Sr Thomas Eflcourt ; with whofe executors the fame ftill remaine as I 
conceive : The ufe and application whereof I leave to his grandchild and heire and 
his poflerity, as under that title after followeth. fol . rgg--! 

10. 3" '^iflP not omit the mentioning of this lords fynes recoveries and other Fines& recoveries 
conveyances for the eflablifhment of his own lands, becaufe the ready finding 

thereof 



374 



€J)c Hibctf of tijc 25crftclcprf 



1534 



thereof in one bundle togeather cannot but bee very ufefull to his pofterity, where- 
at I only ayme. 



exempl: in caftro 
de Berkeley. 

MictSas rec in 

fc*cio cum rem 

thes : 9. Eliz : 

rot. 169. 



%0 how in Trinity terme in the firft year of Queen Elizabeth this lord leavyed 
a fine fur conufans de droit of the manor of Simondfall, to Thomas ffranfham and 
William Porter, by the names of the man' of Symondfall, And of 1 200 acres of 
land, 100. acres of meadow, 500. acres of pafture, and of 200. acres of wood, with 
the appurtennts, in Symondfall and Wotton underedge ; which was for confirmation 
See fol : 743. of a leafe for three fcore years made to Sf Thomas Parry of Symondfall farme, in 
revercbn of one other then in being for divers years to come. 



Licent. dat : 16 : 

Apr : 7 : Eliz : 

Pafcti:rec:8.Eliz: 

rot. 73. cum rem. 

thefaur in fc^cio. 



5(11 Micfcmas terme in the 7* and 8'? of Elizabeth this lord levyed a fine to 
William Porter and Savage of his manors of Slimbridge, Hurft, Came, 

Cowley, and Sages : And granted by an Indenture dated the 20'.'' of May in the 
fame yeare, an Anuity of forty pound p Ann, out of thofe manors to Edward 
Berkeley of Bradley and Elizabeth his wife for their lives, in recompence of their 
furrender of the cuftody of Hawpark, which with the herbage at ten pound rent 
this lord had formerly given unto them ; The licence of which fine coft this lord — 
82!' 1 5?- 06'*. 



Trin: 13. Eliz: ^fii Trinity Terme in the 13'!' of Elizabeth this lord fuffered Coinon recoveries 

™ ' blnc'o ^^ ^^^ Caftle and hundred of Berkeley, and of the man? of Berkeley, Alkington, 

Ind: irrot. in Cane Ham, Hinton, Wotton underedge ats Wotton Serjeant, and of Wotton als Wotton 

et. 16. Eliz: PS 36. fforren, and ErHngham : And in Mictimas terme iff the I5'^of Elizabeth of the 

claus:rot: manors of Daglingworth, Tetbury, Bitton, and Hannam : The ufes whereof by 

rot:i96o.inbanco. feverall Indentures were to himfelf in taile with remainders to his daughters, (his 

fon Thomas not then born, nor hoped for.) | 



841 

Hill: 37. Eliz; rot. 

106. in fc^cio. 

Trin rec: 38. Eliz: 

rot : 123. cm rein 

thefaur in fc^cio. 

Pardon 6. Junij 

36. Eliz : in Cane. 



3llt the 22'^ of Elizabeth a fine fur conufans de droit was leavyed (inter alia) 
by Robert Earle of Leicefter to Sir John Huband knight, John Dudley and John 
Nuthall Efq?, of the Caftle and manor of Kellingworth and divers other lands in 
the County of War?, and in other counties. And of the moitie of the manors of 
Wotton underedge and Simondfall, And of the moitie of the Burrow and forren 
of Wotton with their rights members and appurtenants in Wotton, Nibley, Crom- 
hall, or elfewhere in the County of Gloucefter. 



3fn Trinity Terme in the 34'!' of Elizabeth a fine was leavyed of the moitie of 



Hill: 37: Eliz: 

thefaur in fc^cio. the manors of Wotton and Symondfall by Sr Chriftopher Blount and the lady 

Lettice 



i6i3 



llifc of i^cnrp tijc f ir^t 



375 



Lattice his wife, Countes of Leicefler, to Edward Barker and John Wakeman Efq'?, 
of the eftate for- life of the faid Lettice of the moitie of the manors of Wotton 
underedge and Symondfall, and of the Burrow and Hundred of Wotton, and of 
300 . meffuages, 2CXD . cottages, 6 . mills, 6 . dovehoufes, 200 . gardens, 200 . orchards, 
1000 . acres of land, 400 . acres of meadow, 400 . acres of pafture, 800 acres of wood, 
and of 1000 . acres of furres and heath, with their appurtenants in Sinwell, Combe, 
Wortley, Nibley, Serncliffe, Cromhall, Horton, and Baies in Horton, Wotton under- 
edge, Simondfall and Wotton, And of the moitie of the advowfon of the church of 
Wotton. - 



3n the 39'^ of Elizabeth, a fine was leavyed by Anne Countes of Warrwick 
to her fervants Vincent and Vaughan, of three meffuages, three mills, and 330 . 
acres of land, in Berkeley, Cam, Alkington, Wike, Newport, Stinchecomb, and 
Durfley ; which in trinity Terme after was pleaded in the Exchequer to bee for the 
confirmation of two leafes made by her to Arnold Oldifworth and Richard Danford, 
of the two meffuages of Corrietts in Cam, and of Holts in Alkington, 



Trin: 39. Eliz: 
rot : 91. cm rem. 
thefaur jn fc='cio. 



5in Micftmas Terme in the 44'^ and 45'^ of Elizabeth, A fine fur conufance de Hittns.Eliz: 

droit was levyed by Thomas Stephens and John Hunt to Thomas Gaddefden and •'of ■" fc»oio. 

Euftace Grubb, of the manor of Sages, Rowles Court and new leyes, by the names in banco: rot: 10. 

of eight meffuages, three cottages, three tofts, two dovehoufes, nine gardens, ten Licent : dat. i. 

Orchards, 300. acres of land, 100 . acres of meadow, 200 . acres of pafture, fix acres irrotulat": in terme 

of wood, and twenty fhillings rent, in Slimbridge, Kingfton, Cam, Goffington, Hurft, {^.a^fjo ^^^^^^ '" 
Berkeley and Hinton. | 



5!n Hill : terme in the 7'^ of king James Robert Sidney knight, vifcount Lifle, 
and Barbara his wife, and William their fon and heire, (fince dead without iffue,) 
and this lord Henry and Thomas his fon and heire, levyed a fine fur conufans de 
droit to William Dutton Efqr and John Smyth, of the manors of Wotton, ats Wotton 
underedge, ats Wotton fforren, Symondfall, Came, Hinton, Cowley, Erlingham, 
Slimbridge, Hurft and Sages, And of the Burrow of Wotton, and of two water 
mills, 800 . acres of land, 500 acres of meadow, icxdo . acres of pafture, 200 . acres 
of wood, 500. acres of furres and heath, lo'!' rent, views of frankpledge, goods and 
chattells of felons, and of fugitives and outlawed perfons, deodands, free warren, 
faires, marketts, and wrecks of Sea, and pifcaries, with their appurtenants in Wotton 
ats Wotton underedge, ats Wotton fforren, Simondfall, Erlingham, Slimbridge, 
Sages, Hurft, Goffington, Cam, Cambridge, Holts, Berkeley, Hinton, Alkington, 

Wike, 



842 

Hill : 7. Jac : 
Recovery : Pafcti : 
8. Jac : rot. 57. 
Licence to alien 
I Sept : 7. Jac : 



376 



Clje UitJfitf of tlje 5&erhrifpitf 



1534 



Wike, Stichcomb, Stancombe, Nybley ats Northnybley, Serncliffe, Uley, Durfley, 
Combe, Wortley, Huntingford, Sinwell, Bradley, Kingfcote, Cromhall, Horton, 
Horwood, and Baies with their appurtnnts in the County of Glouc. ; And the next 
Terme after a recovery of the premifes. 



Inq : 1 1 : Jac 

pofl mort 

Henrici dni 

Berkeley in Cane. 

Licence to alien, 

dat. I. Julij. 10. 

Jac. in Cane : 

Trin : Terme : 11 . 

Jac : in fe"cio cm 

r^in thes : 

all alienations are 

pleaded and 

difcharged. 



3@iHtiim Button Efq' and John Smyth in Micftmas Terme in the lo'!" of King 
James levyed a fine fur conufans de droit to Thomas Spencer Efqr and Thomas 
Ligon, To the ufe of this lord Henry and his heires, of the manors of Wotton ats 
Wotton underedge ats Wotton Forren, Simondfall, Cam, Hinton, Cowley, Slim- 
bridge, Hurft and Sages with the appurtenants ; And of the burrow of Wotton, 
and of the other p'ticulers as in the fine to them formerly mentioned is expreffed, 
many of .which, (befides the originalls which are in Berkeley caflle,) are alfo found 
in the offices of Sir Thomas Berkeley and of this lord Henry after their deaths in . 
9 . and 1 1° Jacobi Regis. 



Hilt : lo. Jac 
cio cm I 
thefaur : rot. 



3[n the Io'^ of king James was put into a plea into the Exchequer for avoiding 
;harge upon Oakley park, Wotton, Hackmill, &c., as Seymors 
with king Edward the fixth, which to know, is like to bee of ufe. 



Sc»cio cm rem ^ charge upon Oakley park, Wotton, Hackmill, &c., as Seymors lands exchanged 



Sojoumings ^ ^- l^fttljCt may I omit the divers fojournings of this lord at the houfes of his 

843 kinfmen and freinds, whereby hee both eafed his purfe and tooke | a cleanly occa- 
tion afwell to (hake of fuch impudents as hanged overlonge and unmannerly upon 
his table and flable, as to rid his houfe of waftfull and diforderly fervants ; and fuch 
as were not conformable to his tenets in religion, whom the popifh inclination of an 
ancient gentlewoman many years attendant on his wife, and extraordinarily favored 
by her, had drawn into his family ; not otherwife without an houfhold ftorme to 
have been foe calmly put of. %^ firfl; in the time of Queen Mary this lord and his 
wife fojourned with the old Duke of Norfolke till hee dyed, at Keninghall in 
Norfolke ; And after his death for the lafl year of Queen Mary and fomewhat 
before, with the Countes of Surrey his wives mother at Ryfing in Norfolke 
aforefaid. 



^n the II'^ and I2'^ years of Queen Elizabeth this lord with his wife and 
family fojourned with Sf Thomas Ruffell at Stranfham. ^n the 26'^ and 2 7'^ of 
Elizabeth this lord with his wife and family fojourned with his cozen germaine 
S'. John Savage at Baraper in Hampfhire ; And in the 41'!" and 42'^ of Elizabeth 
with M' ffeilding at Newnham. 



i6i3 tlifc of J^cnrp tlje fit^t 377 

%a^ti'p, for moft part of the fourth, fifth, fixth, and feventh years of king James, 
hee fojourned witl' M": Peito at the white fryars in Coventry ; and at Stoke, a mile 
from Callowdon ; at which times hee was maryed to his lafl wife. 

^Oinc other fhort removes this lord had with other of his freinds, here omitted, 
but not for above half a years continuance at a time : one of which was occationed 
upon a letter which in the later daies of Queen Elizabeth hee received from that 
reverend prelate Docftor Whitguift Archbilhop of Canterbury, gravely advifmg him 
to take notice of the difpofitions of his fervants and his wives waiting woemen in 
matter of their conformity in religion ; And how comely and honorable it would 
bee to fee himfelf and his wife attended upon at fervice and fermons by his wholl 
family, praying his lordfhip to take from him the occation of a fecond admonition, 
which hee by the means aforefaid fairly did : which tre this lord once fhowed mee. 

12. Sl^ucicr lord Berkeley the fixth of that name did in the 7'^ of king Henry Kegworth 
the 8'^ give the Re6lory of Kegworth to Chrift Colledge in Cambridge, now worth A.dvowfon. 
250'.'' p Ann ; In which grant it was agreed, That as often as the church (hould be- 
come void the Colledge | fhould within one month name two able Clerkes of their 844 
Colledge to the faid lord, and his heires, by writing under their comon feale ; which 

lord fhould within fix days after by his writing appoint one of them two to have 
the faid benifice : Hawford the Incumbent dies in the 2 5'^ of Elizabeth, And the 
Colledge raifed a queflion whether their two Clerks fhould come perfonally or not, 
And thereupon fen