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Full text of "History of the county palatine and duchy of Lancaster"

paiTOed by I Haigraw.-, 



EDWARD BAINE S, ESQ 




7:JHEP. SCiN 1 C° lOHDOK. 16S3 



\ 

^ 



4 



All 80- 
V- I 



g TOHISMAJESTY, 

3 WILLIAM IV. 



KING OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND, 

AND 

DUKE OF LANCASTER. 



SIRE, 

Emboldened by Your most gracious permission, 
I beg to dedicate to Your Majesty this History of that 
S important portion of the British dominions, of which 
Your Majesty is by a double title the illustrious Head. 

As little inclined to offer as Your Majesty, in the 
noble frankness of Your character, is disposed to receive, 
the homage of servile adulation, permit me, most gra- 
cious Sire, to express an ardent wish, that uninterrupted 
peace may be the glory of Your Majesty's reign ; that 
Your triumphs may consist in the achievements of Arts 
rather than of Arms, and in the extension of the liberties 
and happiness of Your Majesty's subjects, rather than in 

*?OfT ^ey^ 



IV 



the enlargement of dominions, already sufficiently ample 
to gratify every purpose of legitimate ambition. 

That Your Majesty may long govern a contented and 
loyal people, and that when in the course of nature You 
shall be called, by that power by whom Kings reign, to 
descend to the tomb of Your illustrious ancestors, the 
appropriate inscription upon Your monument may be — 
The Father of his People," — is the fervent wish of 

Your Majesty's 

Most grateful 



n 



and devoted Subject, 



EDWARD BAINES. 



ADVERTISEMENT. 



LANCASHIRE, so eminent in ages that are past for its baronial dignity, has, in 
modern times, become equally distinguished for its manufactures and commerce ; and 
it has long been a matter of regret, that of this great division of the kingdom there 
is no History at all worthy of its importance. The late venerable and learned 
Dr. Whitaker having written the History of one of the parishes of Lancashire, 
It is intended, in the volumes now announced for publication, to present to the 
public a History of all the Parishes, coiTCsponding in some measure with that of the 
parish of Whalley— less antiquarian, indeed, and it is feared less profound, but 
somewhat more popular, and equally accurate. 

In exploring the historical treasures of this County for the purposes of a late 
publication, the Author of this work was surprised by the vast body of information 
dispersed throughout its various parishes, and gratified in the highest degree by the 
readiness with which it was every where laid open to his inspection : thus encouraged, 
his views expanded beyond their original limits, and though he sat down only to write 
a sketch, he rose with the ambition to complete a history of his native County. The 
materials which he thus collected, his close and extensive connexion with the County 
has enabled him continually so to increase, that they form a store more rich and 
varied, perhaps, than is possessed by any other individual in the kingdom, on the 
subject of Lancashire history ; and he now submits to his readers, in a connected 
and condensed form, a work comprising all the valuable and curious matter which is 
scattered through piles of detached volumes, or locked up in the numerous unpublished 
pedigrees, and other MSS. in his possession, or to which he may have access. 
VOL. I. A 



vi ADVERTISEME]\T. 

The work he has already published,* honoured as it has been with public patronage 
to an extent that inspires his mind with gratitude, has, he trasts, imparted to his readers 
some grounds of confidence in his future labours. In his former volume, it was barely 
possible to glance at the stores of information contained in the public Libraries of the 
Kingdom; but the Manuscripts in those Libraries will now be examined with 
diligence and accuracy proportioned to the importance of the information they 
contain ; and whatever is valuable on the subject of Lancashire History in the Harleian, 
Cottouian, and Lansdowne collections in the British Museum, will be extracted, to 
enrich this publication. All the important materials relating to the County of Lan- 
caster, collected and arranged under the authority of the Commissioners appointed by 
his late Majesty, King George III. will also be extracted from the Domesday Survey 
of William the Conqueror, the Taxatio Ecclesiastica of P. Nicholas IV., the Testa de 
Nevill, the Valor Ecclesiasticus temp. Hen. VIII., and the Ducatus Lancastriae, as 
presented in the public records of the Kingdom. The period for compiling the decen- 
nial census of the County having again arrived, the whole of the Lancashire returns, 
as made to Government in the year 1831, will be inserted in this History, with a sum- 
mary of the official returns of 1801, 1811, and 1821, for the purpose of exhibiting the 
rapid increase of the population during the present century. 

The Plan of the Work will embrace a general History of the County, succeeded 
by the history of each Hundred, in which the Parishes and Townships will follow in 
regular succession, according to their local connexion. The history of the regal House 
of Lancaster will be traced from the foundation of that House to the time when 
Henry IV. the son of John of Gaunt, Duke of Lancaster, ascended the throne of these 
realms ; and while the remains of other periods are preserved, the concerns of the age in 
which we live will by no means be neglected. A full and comprehensive view of the 
rise and progress of the Manufactures and Commerce of the County, from their earliest 
introduction to the present time, will be taken. All the public Institutions, rendered 
venerable by time, or important as modern establishments, will be described ; and a 
complete record will be preserved of all the public Charities in each Parish and Town- 
ship of the County, as they existed in the 2Gth George III., with their annual produce, 
and the names of the benefactors and the trustees in whom they were vested, when 
the parliamentary return was made in that year. Connected with this subject, the 
interesting reports of the Commissioners acting under the authority of Parliament 
" for inquiring concerning Charities," so far as these reports concern the schools, 

• The Topographical Sketch of the County of Lancaster. 



ADVERTISEMENT. vii 

hospitals, and other benevolent institutions in the County of Lancaster, will be con- 
sulted, and their substance communicated. 

A few years ago, William Robert Whatton, Esq. F. A.S., announced a publi- 
cation under the title " Lancastrenses Illustres; or. Historical and Biogra- 
phical Memoirs of Illustrious Natives of the Palatine County of Lancaster, with 
Genealogical and Heraldic Observations." The materials for this undertaking were 
drawn from Original Records, public and private Manuscripts, General and County 
Histories, Heraldic Visitations, Monumental Inscriptions, &c., enriched from the 
collections in the British Museum, the Bodleian Library, Oxford, the University 
Library of Cambridge, and the Chetham Library of Manchester. Professional 
engagements having prevented Mr. Whatton from prosecuting his design to maturity, 
he has, since the original Prospectus of the present Work was announced, gene- 
rously transferred his ample biographical collections to the appropriate depository 
of the General County History, to which Work it will form a highly interesting 
acquisition. 

To the last Volume of this History will be subjoined copious indexes of places, 
persons, and subjects, accompanied by chronological tables, so arranged as to exhibit 
a regular connexion of characters and events, as they successively arise in the different 
parts of the County. To secure the gi-eatest authenticity, every Parish in the County 
has either already been visited, or will be visited by the Author in the progress of tliis 
work, which it is his earnest wish to render worthy to descend as a record through 
successive generations. 

The graphic Embellishments, Drawings, and Illustrations, will consist of about one 
hundred and twenty Views, &c. antiquarian and modern, taken by artists eminent in 
their profession, with a Map of the County, a Map of each Hundred, and armorial 
bearings of the principal Nobility and Gentry of the County ; and, to secure uniformity 
in the impressions, the Engravings will be executed on steel by engravers of reputation 
in their respective departments. Some select subjects inserted in the " Illustrations of 
Lancashire" will be introduced amongst the Embellishments. 

A complete List of Subscribers will be published as nearly as possible in the 
order in which the names are received. In the distribution of this Work amongst the 
Subscribers, the periodical mode is adopted, in order to increase the number of its 
patrons. 

The Nobility and Gentry are respectfully solicited to furnish Drawings of their 
Arms, Crests, &c., in order to ensure accuracy. 



viii ADVERTISEMENT. 

Public bodies, and private individuals, in possession of documents calculated to 
shed light upon the History of Lancashire, or to afford materials for biographical 
notices of the worthies of the County, are requested to allow the Author to inspect the 
originals, or to furnish him with copies or extracts, through the medium of Messrs. 
Fisher & Co. of London ; Messrs. Wales & Co. of Liverpool ; or Messrs. Clarke & Co. 
of Manchester, taking their receipt if necessary; and he pledges himself that all papers 
committed to their charge for his use shall be carefully preserved, and punctually 
returned. 



PREFACE. 



The labours of ten years have at length enabled tlie Author of these volumes to 
present to his readers the history of his native county. The baronial family desig- 
nated by the illustrious title of The House of Lancaster, whicli ranks amongst its 
early members tlie renowned John of Gaunt, has imparted a dignity to this portion 
of the kingdom, which will be as durable as the national records ; and the transmis- 
sion of the title, in the person of Henry of Lancaster, Earl of Derby and Duke of 
Hereford, from the ducal family of Lancaster to the Royal Family of England, 
serves to shed additional honour on the early history of the county. 

Subsequent to the Reformation, the conflicts of parties arising out of that 
memorable event, and, at a still later period, the wars of the Commonwealth, have 
rendered this county the theatre of transactions of the highest political interest ; 
and, in our own times, the rapid rise of commerce and manufactures in the towns 
of Liverpool and Manchester, with their extensive ramifications through the hun- 
dreds of West Derby, Salford, and Blackburn, has accumulated within a narrow 
space more wealth, population, and enterprise than are to be found in any other 
division of the kingdom, the metropolitan county of Middlesex alone excepted. 

That a county so circumstanced should have been so long destitute of a county 
history, is a matter of surprise and regret. Several attempts have been made to 
supply this desideratum. As early as the middle of the seventeenth century, the 
learned and indefatigable Dr. Kuerden announced his intention to publish a history 
of " the honorable Dukedom of the County of Lancaster," under the title of 
" Brigantia Lancastriensis Restaurata ;"* but the life of the laborious antiquary was 
spent in collecting the materials, and death overtook him before the first page of his 
publication was committed to the press. More than a century after this time, 
namely, in 1787, Doming Rasbotham, esq., at the instance of the magistracy acting 
for the hundred of Salford, himself a member of that body, undertook to write a 
" History of Lancashire," and collected no fewer than five volumes of notes and 
documents, principally written in short-hand,t in furtherance of his object ; but before 
the materials had assumed the form of history, sickness and death arrested his 

* See Vol. III. p. 461. t See Vol. III. p. 42, 43. 

VOL. I. b 



Vi PREFACE. 

progi'ess, and the task, undertaken with so much zeal, and under circumstances so 
auspicious, was left to be executed by other hands. At a still later period (in 1825) 
a gentleman of the name of Cony imposed upon himself the duty of produchig a 
" History of Lancashire ;" but owing to adverse circumstances, his work fell into 
disrepute, and terminated in a manner equally unsatisfactory to himself and to the 
public. 

Detached portions of our county history have been written by the Whitakers, in 
a manner highly creditable to theii- learning and their talents. " The History of 
Manchester," by the Rev. John Whitaker, has always been considered a piece of 
valuable topography, too imaginative, indeed, for the sobriety of history, but abound- 
ing with learning, and full of information ; while Dr. Thomas Dunham Whitaker's 
" History of the Original Parish of Whalley and the Honor of Clitheroe," and his 
history of that part of Lancashire comprehended within the archdeaconry of Richmond, 
rank the reverend and learned author amongst the most popular and eloquent of anti- 
quaries, as well as amongst the most prejudiced declaimers against the state of society 
under the system of modern manufacturing industry. The history of the " Antiqui- 
ties of Furness," by West, possesses distinguished merit for accuracy and laborious 
research. At an earlier period. Dr. Charles Leigh published " The Natural History 
of Lancasliire, Cheshire, and tlie Peak of Derbyshire," Avhich occupied seventeen 
years in the completion, though aided by doctors, proctors, and heads of colleges.* 
In the mention of works connected with the Jiistory of this county, it would not be 
proper to omit " The Portfolio of the Fragments of the History of Lancashire, by 
Matthew Gregson, esq.," compiled with exemplary industry, but published without 
arrangement. Two other works, of a more antiquarian character, not confined to 
Lancashire, but containing considerable portions of topographical information con- 
nected with the county in the sixteenth century, will be found frequently quoted in 
the following pages, namely, " Leland's Itinerary" and " Camden's Britannia," both 
of them works of high authority, at a time when kings and queens sent forth learned 
men to explore " distant counties," and directed that the results of their inquiries 
should be published for the benefit of their subjects. " Harrison's Description of the 
Manners and Customs of Britain in Elizabeth's Reign," is also quoted at some 
length ; and Stukeley, Gale, and Horsley have been frequently consulted on sub- 
jects relating to Roman antiquities discovered in various parts of Lancashire, and 
numerous passages transferred from them to these volumes. 

* See Leigh's History, Epistle Dedicatory. 



PREFACE. VU 

All these sources of information fall far short of a History of the County Palatine 
and Duchy of Lancaster ; and to supply tliis deficiency in a county to which the 
Author is bound by many tics, has been one of his strongly actuating motives for 
enaaains: in an undertaking that will stand so much in need of the candour of his 
readers. In the midst of numerous public and private engagements, he has devoted 
all his leisure for years to the compilation of this history ; and if others should derive 
as much pleasure from reading as he lias enjoyed in writing his history, he Avill not 
have raised this monument of his attachment to his native county in vain. 

Some errors, indeed many, are unavoidable in a work of this nature, when 
thousands of inquiries were to be instituted in all the great divisions of the county, 
and when the information as to events, families, and persons was to be obtained from 
so many different quarters ; but to secure the accuracy of the narrative as far as 
possible, every parish in the county has been visited, and many of the most intelli- 
gent persons in each parisli consulted upon the subjects most likely to be within their 
own knowledge. That the Author's health, strength, and spirits have been spared, 
to conduct him through labours under which others better qualified have sunk, is a 
cause of gi-atitude to the great Disposer of all events, in whom we live, and move, 
and have our being. 

The plan of the work is simple and inartificial. The first volume consists of the 
general history of the county, whicli also extends through 1 46 pages of the second 
volume. The history of the separate hundreds, parishes, and townships is then com- 
menced, and constitutes the principal part of the remaining volumes. 

Rising from the aboriginal state of the county in the general history, the period of 
the Roman occupation of Britain, and especially of the Brigantine provinces, is briefly 
treated. The Saxon and Danish periods succeed, terminating with the Conquest 
by the Normans. The Domesday Survey, so far as relates to this county, is given 
at length, both in the Norman Latin and by ti'anslation ; and a map, founded upon 
that judicial record, is presented, with the names of the manors and other places 
engraved according to the orthogi'aphy, and in the character, of the original manu- 
script, — being a new feature in county history. The possessions of the Norman 
barons are traced through the earls of Chester, the baronial house of the Ferrers, 
earls of Derby, to the Plantagenets, dukes of Lancaster, and till the possessions of 
the Derby family merged in the crown by the elevation of Henry IV. to the throne. 
In this and other portions of the work, the Record Office of the Duchy of Lancaster 
has been freely resorted to ; and selections from the enormous piles of documents 

in that office, liberally conceded by the noble chancellor, Lord Holland, through the 

62 



Viii PREFACE. 

medium of Frederick D. Danvers, esq., registrar of the council, and the late 
W. Minchin, esq., the clerk of the duchy court, from that invaluable depository of 
local and general information, serve to enrich these pages. 

The representative history of the county, never before systematically treated, is 
derived from the writs of summons, and the rolls of parliament, commencing with the 
original iirstitution of the House of Commons, in the reign of Henry III., and extend- 
ing to the passing of the Reform Bill in the reign of Wilham IV., with the excep- 
tion of the period of the wars of the Roses, of which the writs of summons are not 
in existence ; nor are the returns of the comity or borough members to be found 
amongst the public records of those times. 

The wars of the Barons, and the invasions of the Scots, undertaken against the 
border counties in the reigns of the Henrys and the Edwards, so far as their 
influence extended to the county of Lancaster, are treated at some length ; and the 
history of witchcraft, once so rife in Lancashire, having been traced through a period 
of two hundred years, is shewn to have given way before the progress of education — 
the best security against individual and popular superstition. 

The wars of the Commonwealth, which raged in Lancashire in the early periods 
of the contest between the Stuarts and the parliament, necessarily occupy considerable 
space, both in the general history of the county and in the local history of the 
parishes visited by this scourge ; and the information supplied from the King's 
Library, in the British Museum, and from the stores of this and all other topics of 
Lancashire history accumulated by that liberal patron of literature, Thomas Hey- 
wood, esq., have supplied ample materials for rendering this interesting portion of 
the Author's labours complete. 

The general history is concluded with such particulars of the rebellions of 1715 
and 174.5 as regard the transactions which took place in Lancashire in those periods 
of alarm and agitation, and with a number of miscellaneous subjects relating to the 
public institutions, the charities, and the population of the county, copied fi-om the 
official decennial returns of 1801, 1811, 1821, and 1831,. exhibiting a rapidity of 
numerical gi-owth unequalled in any other county in the kingdom. 

Having treated these subjects of a more general nature, the history of the separate 
Hundreds is commenced with that important manufacturing district comprehended 
within the hundred of Salford ; and in the parishes and townships of that division of 
the county, Manchester appropriately takes the lead. In writing the history of that 
parish, all the sources of information, published and unpublished, tbat are open to 
the topographer, have been carefully explored. The history of the out-townships of 



PREFACE. IX 

the parish, taken consecutively in their regular order, till the tour of the ecclesiastical 
limits is completed, is then treated with as much particularity as the nature of this 
publication would allow ; and the same course is pursued through all the hundreds 
and parishes of the county, as they successively come under review. 

In writing the History of the County of Lancaster, it became indispensably 
necessary to exhibit the history of that most important of all our sources of national 
industry — the cotton manufacture; and the Author has to ofTer his affectionate 
acknowledgments to his son, Mr. Edward Baines, for an original and comprehensive 
history — the first ever written — on that stupendous source of wealth and of employ- 
ment. These chapters have since been expanded by their Author into a volume, 
which, in addition to a wide circulation in Great Britain, and the United States of 
America, has received the honour of translation into the German language. 

The sources of information, both general and local, from which this History of 
the County Palatine and Duchy of Lancaster have been derived, are to be 
found in the Rolls of Parliament, in the Charter Rolls, in the Hundred Rolls, in 
the Inquisitiones Post Mortem, Escheats, and other official inquiries into landed 
property ; in the Taxation Rolls of EdwardL, and in the Taxation of Pope Nicholas IV., 
deposited in the Tower of London ; in the Domesday Book, in the Pipe Rolls, in the 
Bags of " Pedes Finium," (or Fines,) in the Quo Warranto Rolls in the reigns of Edw. 
I. II. and III., and in the Surveys of Abbeys, Monasteries and Priories, deposited in 
the Chapter House at Westminster; in the books of Pedigrees and Arms, and in the 
Visitations of the Heralds in the College of Arras; in the Records of the Presentation to 
Benefices, in the Ecclesiastical Court at Chester ;* in the Chartularies, Registers, and 
Ledgers of the Monasteries, and in the Surveys and Inquisitions of the larger and 
smaller religious houses in the Harleian, Cottonian, Lansdowne, and Hargrave 
Collections; in the Records of Pious Uses, taken before Bishop Bridgmau, in the 
20th, 21st, and 22nd of James I., contained in the British Museum; and in the 
Charters of Grants of various kings, under the Great Seal of the Duchy of Lancas- 
ter, the Court Rolls of the Duchy, the Inquisitiones Post Mortem, the Presentations 
to Livings, the Calendar of Pleadings, and the Abstracts of Duchy Records, in the 
Bags and Rolls of the Duchy Courts, deposited in the Record Office of the Duchy, 
in Lancaster-place, London. When room could be afforded, copies of the docu- 
ments themsehes have generally been inserted, but, in most cases, they have 
been necessarily withheld, though never without a description of their contents being 

* Owing to the defective state of these records ia the eaily ages of the bishoprics, the returns 
are less perfect than might be expected. 



X PREFACE. 

given, and references attached to indicate where they are to be found by those wlio 
msh to consult them for purposes connected with family history, or the rights of 
property, or in support of municipal privileges. 

In addition to the advantages afforded to the Author by the public records, much 
valuable information has been derived from Dr. Kuerden's MSS. in the Heralds' 
College in London, and in the Chetham Library at Manchester ; from the Norris and 
Derby papers ; from the MS. Collection of Doming Rasbotham, esq., obligingly 
furnished by his daughter, Mrs. Gray ; from the Mancuniensis of Holliugworth ; and 
from the MS. History of Manchester, in possession of the Rev. Dr. Smith ; as well 
as from the ample MS. collections of pedigrees by Hopkiuson and Wilson, in the 
Leeds Library, and from the MS. entitled " Familiae Lancastrienses," compiled from 
the collections of sir John Byron, sir George Booth, Ralph Thoresby, John LucaS) 
and others in the Author's possession; but most of all is he indebted for genealogical 
information to the accurate and valuable MS. collection of pedigi'ees, originally 
compiled by Mr. Vernon, of Shackerley, for the Asshetons of Middleton, and 
politely furnished from the library of the late deeply -lamented lord Suffield. 

In the transcription of documents from the public records, and in quotations from 
those documents, as well as from private collections, the varying orthography of the 
original has been faithfully copied, as well for the purpose of preserving the fidelity 
of the quotation, as to sliew the changes in the spelling of names and places in 
different ages. 

Some years before the publication of this work was commenced, William Robert 
Whatton, esq., F.A.S., announced a biographical work, under the title of " Lan- 
castrenses lUustres ; or Historical and Biograpliical Memoirs of illustrious Natives 
of the Palatine County of Lancaster, Avith Genealogical and Heraldic Observations ;" 
but, professional engagements having prevented Mr. Whatton from prosecuting his 
design to maturity, he generously transferred his ample collections, contained in four 
manuscript volumes, to the appropriate depository, the general history of the county. 
In the progi-ess of this work through the press, literature and science were suddenly 
deprived by the stroke of death of this accomplished man ; but, fortunately, his 
biographical labours were completed before that calamity befell his family and 
friends. 

To the noblemen and gentlemen who have liberally communicated, from their 
pedigrees and evidences, much valuable information relating to their own and to 
other distinguished families in the county, the Author is deeply obliged. To the 
Rev. Thomas Raffles, D.D,, LL.D, the Author feels himself under great obligations. 



PREFACE. XI 

For several years this gentleman had been engaged in collecting materials for a 
HistoiT of the Hundred of West Derby, with the judgment and zeal for which he 
is distinguished. The products of all this labour he spontaneously placed in the 
hands of the Author of the County History, leaving him the unrestricted use of all 
the papers in his collections. To Thomas Binns, esq., of Liverpool, he is also 
indebted for the repeated inspection of his vast collection of engi'avings relating to 
the different hundreds of Lancashire, a collection more extensive and varied than is 
possessed by any other individual in the county ; as well as for the use of a number 
of rare books, from the perusal of which he has derived important facilities in the 
prosecution of his labours. A valuable original paper on the Roman roads con- 
verging to Wigan from the hundreds of West Derby, Salford, and Amounderness, 
was contributed by the Rev. Edmund Sibson, a laborious and successful antiquary ; 
and Nicholas Grimshaw, esq., the guild-mayor of Preston, emphatically so called, has 
in a variety of ways placed the Author under obligations by his contributions and his 
corrections, in matters connected with the history of the ancient borough of Preston. 
To his valued friend, the Rev. Dr. Joseph Hunter, Keeper of the Records in the 
Tower of London, he is indebted for many useful suggestions, as well as for a 
copious catalogue of the MS. works of Roger Dodsworth connected with the county 
of Lancaster, in the Bodleian Library at Oxford. In every parisli in the county he 
has received numerous acts of kindness and assistance in the progress of his publica- 
tion, but the instances are too numerous to admit of distinct and separate acknow- 
ledgment. 

It is due to Mr. Hampson, the gentleman who has filled the luimble but con- 
fidential office of amanuensis to the Author for several years, to say, that his learning 
and research have contributed essentially to the accuracy of this publication ; and it 
is also due to Mr. Edwin Butterworth, who has visited all the parishes and town- 
ships of the couuty, without a single exception, for the purpose of collecting local 
information, and to verify facts already obtained, to say, that he has performed his 
duty with zeal, intelligence, and fidelity. 

The Appendix to these volumes, which follows the paiish histories, will be found 
to contain a variety of uiformation connected with the statistics of the County and 
Duchy of Lancaster ; and, amongst other matter, Abstracts of the Ecclesiastical 
Survey of the various parishes of the county, made by commissioners under the 
authority of the Lord Protector during the period of the Commonwealth, usually 
designated " The Oliverian Survey." These documents are found in the unpub- 
lished MSS. in tlie Lambeth Library, obligingly opened to the Author for transcrip- 



XU PREFACE. 

tion, by his Grace the Arclibishop of Canterbury ; to whom he is also indebted for 
permission to make the Abstracts of the Endowments of Vicarages in the county of 
Lancaster, by Dr. Ducarcl. 

The Engravings (upwards of two hundred,) consisting of portraits, views, maps, 
antiquarian subjects, and drawings of manufacturing machinery, witli which this pub- 
lication is adorned, by artists eminent in their profession — and the uniformity of the 
volumes in paper, print, and embellishments — reflect credit upon the spirited 
publishers ; and the vignette initial letters affixed to each chapter and parish history, 
from which the design is derived, display the taste of the engraver in wood, and the 
advanced state of that branch of the arts. Tlie pedigrees are also arranged with skill 
by the printer ; and the arms and crests by which these Tamily trees are surmounted, 
though simple in their construction, have the merit of perfect accuracy in the 
execution. 

A number of Additions and Corrections, arranged in the order of the parishes, 
follow the Appendix ; and a general Index of places, persons, and subjects, for the 
facility of reference, concludes the work. 

The extensive and highly respectable support which this publication has received 
during the long period of its progress through the press, is indicated by the number 
and station of the subscribers ; and the best acknowledgment that can be ofl'ered in 
return is the assurance that an anxious desire has existed to execute the work in 
every department in such a manner as to deserve that patronage which has been so 
liberally awarded. 

Leeds, December, 1836. 



CONTENTS OF VOL. I. 



Introductory Observations. — Roman name of Lancashire. — Brigantes. — Aborigines. — Druidism. — 
Manners and customs. — Languages. — Caesar's invasions. — Renewed invasion by the Romans. — 
Lancashire overrun by the Romans. — Hadrian's wall. — Roman stations in Lancashire. — Lancashire 
estuaries. — Roman roads in Lancashire. — Antonine's Itinerary of the Lancashire routes. — Richard 
of Cirencester's Itinerary. — Arrival of the Emperor Severus in the Brigantine capital. — His acts. 
— His death and deification. — His successors. — The goddess of the Brigantes. — Recent discovery 
of Roman remains at Ribchester. — Provinces and districts. — Britain finally abandoned by the 
Romans.— Roman institutions. — Roman remains in Lancashire. Page 1 

Cljap, m, 

Saxon period. — State of Britain on the departure of the Romans.— Urgent application of the Britons 
for foreign aid. — Assistance offered by the Saxons. — They visit Britain as friends.— Remain as 
enemies. — Take possession of Kent. — Defeat of the Saxons at York. — Saxon ingratitude. — King 
Arthur. — Battles on the Douglas. — The Round Table. — Sir Tarquin. — The heptarchy. — North- 
umbria. — Saxon idolatry. — Introduction of Christianity. — Missionaries to Britain. — Conversion of 
the Northumbrians. — Restoration of churches. — Lancashire castles. — Oswald. — Archbishop 
Wilfrid. — Papal authority acknowledged. — Transference of the people of Furness. — Rain of 
blood. — Venerable Bede. — Invasion of the Danes. — Battle of Whalley. — Dissolution of the hep- 
tarchy. — State of Lancashire in the ninth century. — Reign of Alfred the Great. — Saxon name of 
Lancashire. — Early tradition of the Eagle and Child. — The tenth century. — The south of Lan- 
cashire in Northumbria, and not in Mercia. — Wars in Northumbria. — Lancashire not mentioned 
in the Saxon chronicles. — Passes under the Danish power.— Termination of the Saxon and Danish 
dynasties in England. — Manners and institutions of our Anglo-Saxon ancestors. Page 2.3 

Cbap. iM. 

Conduct of the Conqueror, — Unsuccessful revolt in the north against his authority. — York superior 
to London {note). — Proscriptions. — Early manners. — Renewed insurrection.— City and Cathedral 

of York destroyed. — William marches again to the north. — Fate of Earls Morcar and Edwin. 

Tremendous infliction. — Royal grant. — The Conqueror's dealings with the clergy. — Domesday 
survey. — How formed. — The name of Lancashire not in the Domesday Book. — Perpetual use of 
this memorable survey.— Latin and English versions of it.— Observations of the Domesday Book. 
—Thanes.— Ethlings.— Aldermen.— The honor of Lancaster.— The Norman barons of Lancashire. 
— Their stations. — Pedigree of Roger de Poictoii, the first Norman baron of the honor. — The 
honor forfeited by Roger. — Conferred on Ranulf, the third earl of Chester. Page 85 

VOL. I. f. 



XIV CONTENTS OF VOL. I. 

Cfiap. iw. 

Lands between die Ribble and Mersey. — Possessed by the earls of Chester.— Descend to the Ferrers, 
earls of Derby. — Earldom of Lancaster. — Thomas, earl of Lancaster. — His opposition to the royal 
favourite, Piers Gaviston. — To the Despensers. — Heads the barons against the king. — His fate. 
— His reputed miracles after death. — The king's mandate. — Marriage of his widow. — Forfeits 
part of her dowry. — Early manners. — Henry, earl of Lancaster. — Henry, his son. — His military 
renown. — Created duke of Lancaster. Chancery court of Lancaster instituted. — County made 
palatine. — "The good duke of Lancaster's" deeds of arms. — Holy relic. — His charities to the 
" black liverys." — To Whalley abbey. — To Leicester college. — His death. — His issue. — John of 
Gaunt. — His marriage. — His possessions. — Created duke of Lancaster. — His achievements in arms. 
— Obtains the grant of chancery in the duchy and palatine privileges in the county of Lancaster. 
— Advocates the cause of VVickliffe, " the morning star of the Reformation." — Privileges con- 
ceded to him at court. — Obtains a grant of treasury in the duchy of Lancaster. — Demolition of 
his house by the followers of Wat Tyler. — Magnanimity shewn towards and by the duke in Scot- 
land. — Charged with a design to usurp the throne. — His foreign wars. — E.\tension of the duchy 
privileges. — Espouses Catherine Swinford, his concubine. — Legitimatizes her children. — The 
duke's death and character. Page 121 

Character of Henry Plantagenet. — His marriage, and summons to parliament by the title of the Earl 
of Derby. — Created duke of Hereford. — His quarrel with the duke of Norfolk. — Wager of battel. 
— Great preparations for the contest. — The dukes separated in the moment of the onset. — Both 
sentenced to banishment. — The duke of Hereford quits the country amidst the general lamentation 
of the people. — Elevated to the dignity of Duke of Lancaster on the death of his father, John of 
Gaunt. — Returns to England. — Expels Richard H. from the throne. — Elevation of the noble 
house of Lancaster to the royal dignity. — Allusion, on ascending the throne, to the tradition, that 
Edmund Crouchback was superseded by his younger brother. — Ancient tradition that John of 
Gaunt was a foundling. — Original letter on that subject. — Possessions of the duchy of Lancaster 
separated from the crown possessions. — Establishment of the duchy court. — Abolition of the 
duchy court of star chamber. — Augmentation of the duchy possessions. — Early archives of the 
duchy. — Inquisitions j90s< mortem, and pleadings in the duchy court. — Incorporation and confisca- 
tion of the duchy. — Act of Philip and Mary for restoring the duchy possessions. — Ancient duchy 
book, revenues, fees, &c. — Abolition of the feudal system. — Administration of the affairs of the 
duchy, and appropriation of the revenues under the Commonwealth.- — Chancellors of the duchy 
of Lancaster, from the creation of the duchy to the present time. — Duchy records, their nature 
described, and the places of their deposits stated. — Officers of the duchy, as they at present 
exist. — The duchy seal. — Origin and use of seals. — Ducatus Lancastrise, from the 
Harleian MSS. Page 159 

Cftap. 1J1E. 

Creation of the county palatine. — Dr. Kuerden's letter on its antiquity. — Reasons for conferring the 

palatine privileges. — Form of legal processes in the county. — Mode of electing the sheriff. 

— List of sheriffs, from the earliest records to the present time.— Violation of the liberty and pro- 
perty of the subject. — Ancient petition to parliament. — Punishment of outlaws Prohibition of 

liveries. — Exigent. — Appointment of sheriff during the civil wars. — His oath. — Courts of the 
county palatine. — Ecclesiastical courts. — Synopsis. — Description of the various courts. — Con- 
templated removal of the assizes. — Ancient indictment of the high sheriff.— Inferior courts of the 
county palatine. — Public records of the county palatine, civil and ecclesiastical. Page 199 



CONTENTS OF VOL. I. XV 

The antiquity of the county.-The earldom possessed by king John.-Tl>e crusades -Pm .leges 
granted to the honor of Lancaster in the articles of Magna Charta.-Ratiticat.on of Magna Charta. 
-The forest laws.-Assize of the forest at Lancaster.-King William's letter.-Abol.t.on of the 
ordeals of fire and water.-Grant of land between the Mersey and Ribble.-Ongin of the repre- 
sentative system in England.-The barons' wars, and their effect on the honors and mhentances 
of the house of Lancaster.-War with Wales.-Ancient Lancashire wood-cutters.-F,rst mditary 
summons extant, addressed to the sheriff of Lancashire.-Wages of labourers the.r uniform 
adaptation through successive ages to the price of grain.-Chronolog.cal table of the standards 
of value for six centuries.-Coals first used for fuel.-Ancient loyalty loan -Summonses of 
military service-Conquest of Wales.-Reference to pope Nicholas s\ alor.-Wars w,th Scot and. 
Lancashire newsmongers denounced.-Scotland conquered.-Renewed struggles under W.llmm 
Wallace and Robert Bruce.-Large drain for men and money rn Lancashn-e.-Effects of wa,.- 
Comm.ssion of Trailbaston.-Edward I. in Lancashire.-His death at Carhsle.-Fresh wars.- 
Increase of crime and misery .-Adam de Banistre takes the field aga.nst the ear of Lancaster - 
His fate.-Renewed wars of the barons, headed by Thomas, earl of Lancas er.-H,s late.- 
m.erest taken in Lancashire in the barons' wars.-Charge of aiding Thomas earl o Lancaster- 
Edward n. dethroned.-Placed in the custody of the earl of Lancaster -H.s cruel death.-The 
Testa de NeviU' analyzed, so far as regards the landed possessions .n the county of Lancaster. 

Cftnp. vrw. 

Representative history of the county of Lancaster.-Hitherto neglected.-Ancient constitution of 
^; iam nts-Thedawnof parliamentary representation.-The reform parhament of Oxfonl, 
pauiaments. ine u.t i •'.. f j^i„,,jts of the sh re.— Constitution of the 

called parZiamen^am iMsanwrn.— First appointment or Knigiiis. ui I . ,• , 

parUarTent of Oxford.-Its acts.-First writ for the payment of members of parliament.- 
Op oS- g'-» to the ancient parliamentary reform. -Borough members first sent to par- 
Hament.-How elected.-First members for the county of Lancaster, and for . s boroughs.- 
First parliamentary return for Lancashire, extant.- First parliamentary wnt of summons fo. 
LnaLre, extant -Returns in the reign of Edward L-Number of counties, boroughs &c. 
then returning members. -Duration of the session of pari lament.-Frequent parliaments - 
Members returned for the county of Lancaster in the reign of Edward IL_Lancash.re 
borough returns in this reign.-The high sheriff of Lancashire assumes the power to e ect 
members for the county.-Presentment against him for this and other offences.-Lancashire 
Tounty members in the reign of Edward III.-The duration of parliaments.-False return or the 
county made by the under sheriffs.-The king, and not the commons, decides on disputed elec- 
tions -Peers of parliament, temporal and spiritual.-The boroughs of Lancashire cease to return 
rembers.-The reason assigned.-Payment of the wages of men.bers of parhament.-Returns in 
he reign of Richard IL-Writ of summons, not to the sheriff, but to John of Gaunt, duke f 
I ancasS.-Members for the county in the reign of Henry IV.-The lack-learning parliament. 
Lancashire members in the reign of Henry V.-of Henry VL-Qualification of electors for 
kn:gi:^::^the shire fi.xed.-Cou:ty members in the reign f ^^^^^^^.J^-^^L ^"^^^^ 
17 Edward IV. to 33 Henry Vlll.-County members from 1 Edwaid M. to 16 Charles I. Ihe 
ncient Lancashire boroughs, consisting of Lancaster, Preston, Liverpool, and Wigan, resume the 
lecUve franchise, 1 Edward VI.-Newton and Clitheroe added to the boroughs of Lancashire- 
Nomination boro;ghs.-Dame Packington's nominees.-Claim of the chancellor of the duchy of 
Lancaster to nominate members for Leicester.-Representation of Lancashire during the Com- 
monwel.-List of knights of the shire for the county of Lancaster, from the Restoration to the 
present time.-Political character of the county representation.-Alterat.ons made ,n the repre- 
sentation of the county and boroughs of Lancashire by the Reform Bill of 1831. Page 286 



c Z 



xvi CONTENTS TO VOL. I. 

Cfjap. IX. 

Impoitaut period in Lancashire history. — Royal clemency towards the adherents of Thomas earl of 
Lancaster. — Attainder reversed. — Battle roll of Borouglibridge — Scotch invasion. — Lancashire 
banditti. — Redress of public grievances. — Levies in the county. — Cattle removed into the south. 

The invaders punished. — Subsidy in Lancashire on the marriage of the king's sister. — Talliages 

in the county, sliewing the relative importance of tiie principal towns. — Statute of Winton 
enforced in Lancashire. — Consequences in the county of renewed wars. — Splendid naval victory. 
Fresh levies in the county. — Flocks and herds again driven. — Signal overthrow of the Scots. — 
Their king made prisoner. — Pestilence. — Creation of the first duke of Lancaster. — On the origin of 
the title of duke. — Heavy imposts on the people of the duchy. — Impressment of ships. — Maximum 
of agricultural wages. — Death of the first duke of Lancaster. — His will. — His possessions.— Admi- 
nistration of the first duke, from the rolls of the duchy. — Renewal of the dukedom in the person 
of John of Gaunt. — Papal bull. — Levy of ships at Liverpool.— Non-exportation from thence. — 
Renewed alarm of invasion. — Parish tax. — Exchange of Richmondshire for other possessions. — 
The franchise of jura regalia confirmed, and extended in favour of the duke of Lancaster. — Let- 
ters of protection to Lancashire men — iSTo restrictions on the importation of grain in these 
early times. — Continuance of the royal bounty to the house of Lancaster. Page 323 



€f)ap, .V. 

'ijwer of the duke of Lancaster. — Lancashiremen at the coronation of Richard II. — Courts of law 
closed by the insurrection of Wat Tyler. — State of public morals in Lancashire. — Invasions of the 
Scots. — Murderof Latimer, the accuser of the duke of Lancaster. — The duke's expedition to 
Spain. — Submission of award. — Renewed Scotch invasion. — Larger measure in Lancashire than 
any other part of the kingdom. — Ancient salmon fislieries of Lancashire. — Alleged claim to the 
throne made by John of Gaunt for his son. — .4ccusation of the duke against sir Thomas Talbot. 
— Legitimation of the duke's children by Catherine Swinford. — Accession of the house of Lan- 
caster to the throne. — Grant of the Isle of Man, first to Henry earl of Northumberland, and after- 
wards to sir John Stanley, knight. — Annals of the duchy.— Charters of the duchy. — John of 
Gauut's illustrious descent. — His children. — Hostility of France. — Contest for the papacy. — Will 
of Henry IV. — Henry V. ascends the throne. — The Lollards. — Union of the county of Hereford 
to the duchy of Lancaster. — Battle of Agincourt. — Commissions of array. — Tiie crown jewels 
pledged to carry on the war —Death of Henry V.— His bequest of the duchy of Lancaster. 

Page 360 

Cijap. XI' 

Scarcity of records for history during the Wars of the Roses. — Mariiage of Henry VT. — Lancaster 

Herald. Witchcraft. — The Lancashire alchymists, sir Edmund Trafford and sir Thomas Ashton. 

— Their patent. — Claims of the rival houses of York and Lancaster to the throne. — Their official 
pedigrees. — Wars of the Roses. — Letter from the earl of Marche and the earl of Rutland, sons of 
the duke of York, (with fac -simile.) — Badges of the house of Lancaster. — Declaration against 
lord Stanley. — State of public morals.— Unsuccessful attempt to compromise the diflTerence 
between the rival houses. — Henry VI. dethroned by Edward IV. — Henry seeks an asylum in 
Lancashire. — Taken by sir John Talbot. — Sir John's grant for this service. — Catastrophe of the 
Lancastrian family. — Edward V. murdered in the Tower. — Coronation of Richard HI. — Letters 



CONTENTS OF VOL. I. XVll 

patent granted by him — His warrant for seizing a rebel's land in Lancashire. — The king's jealousy 
towards the duke of Richmond, son-in-law of lord Stanley, extends to his lordship. — Attainder of 
lady Stanley, countess of Richmond. — Landing of the duke of Richmond in England. — Battle of 
Bosworth field. — Confiscation of Lancashire estates. — Union of the houses of York and Lancaster. 
— Sweating sickness. — Lambert Simnell and Perkin Warbeck, pretenders to the throne. — Fatal 
consequences of the civil wars to the duke of York's family (note). — Sir William Stanley accused 
of high treason — Condemned and executed. — Henry VIL's royal progress to Lancashire. — 
Letter of the countess of Derby and Richmond (fac-simile.) — Execution of Edward, earl of War- 
wick, the last male of the Plantagenet line. — Death of Henry VH. Page 402 

The sixteenth century. — Henry VIIL ascends the throne. — Invasion of England by the Scots. — 
Battle of Flodden field. — The king's letter of thanks to sir Edward Stanley, &c. — Lord-lieutenants 
' first appointed. — Proclamation to the sheriflT of Lancaster on the menaced Scotch invasion. — The 
Reformation. — Religious persecution. — Visitation of the monasteries. — Deplorable ignorance of 
the clergy. — Report of the commissioners on the Lancashire monasteries — Dissolution of the 
lesser monasteries — Original certificate of the value of certain monasteries in Lancashire. — Pro- 
gress of a suffragan in Lancashire. — Insurrections produced by the dissolution of the monasteries. 
— The pilgrimage of grace. — Letter from the king to the archbishop of York and lord Darcy. — 
Original warrants (fac-similes) from the king to sir Roger Bradshaw and sir Thomas Langton, 
knights. — Dispersion of the rebel army — Reassemble — Final dispersion. — Letter from the earl of 
Derby to the king, on the taking of Whalley abbey. — First draught of Henry VIII.'s letter to the 
earl of Sussex, on the rebellion in the north, &c. — Renewed rebellion in the north. — Execution 
of the abbot of Whalley, and others. — Dissolution of the larger monasteries. — First publication 
of the Bible in English. — Excommunication of the king. — List of Lancashire monasteries. — Their 
revenues administered by the duchy. — Aggregate value of the dissolved monasteries. — Bishopric 
of Chester, &c. erected. — List of chantries in Lancashire. — Decayed towns in Lancashire. — 
Privilege of sanctuary. — The king's death. Page 457 

Cljap. XIM. 

Lancashire in the reign of Edward VI. — In the reign of queen Mary. — Lancashire martyrs: John 
Rogers, John Bradford, George March. — Bluster of soldiers in the county of Lancaster in Mary's 
reign. — Lancashire in the reign of Elizabeth. — General muster of soldiers in Lancashire, in 1559. 
— Ecclesiastical commission, consisting of the earl of Derby, the bishop of Chester, and others. — 
State of Lancashire on the appointment of the commission. — Catholic recusants. — Mary queen of 
Scots seeks an a«yluni in England — -Placed in confinement. — Puritan recusants. — Rebellion in 
the north to re-establish the Catholic religion — Suppressed. — Certificates of the levies of troops 
in the county of Laneasler, with autographs of a number of the principal inhabitants. — Meetings 
of the lieutenancy. — Original letter of Edward, earl of Derby, to tire queen. Letter of the earl of 
Huntington to secretary Cecil, casting suspicion on the loyalty of the earl of Derby ; proved to 
ill founded. Part taken by Lancashire gentlemen to liberate Mary queen of Scots. — Comparative 
military strength of the kingdom. — Muster of soldiers in Lancashire, in 1574. — Declaration of the 
ancient tenth and fifteenth within the county of Lancaster. — Queen Elizabeth's visit to Dr. Dee, 
the astrologer. — The Chaderton MSS. relating to the affairs of the county of Lancaster. — Original 
papers relalting to the Lancashire recusants. — Lancashire contribution of oxen to queen Elizabeth's 



xviii CONTENTS OF VOL. \. 

table. — Fac-simile. — MS. of the Lancashire lieutenancy. — Lancashire loyal asaociation against 
Mary queen of Scots and her abbettors. — Trial and execution of Mary queen of Scots. — The 
Spanish armada. — Letter from the queen to the earl of Derby thereon. — Preparations in Lanca- 
shire to resist — Destruction of. — Thanksgiving for national deliverance in Lancashire. — Memorable 
and fatal feud. — Atrocious abduction. Levies of troops in Lancasliire for Ireland. — Suppression 
of the rebellion there. — Death of queen Elizabeth. — Loyal address of Lancashire gentry to her 
successor James I. on his accession to the throne. Page 496 



Cftap. XIV. 

Ancient manners and customs of the county. — The chase. — Archery. — Dress. — Buildings. — Food. — 
Coaches. — Progress of improvement. — Sports and pastimes. — The arts. — The laws. — King 
James's first progress. — Lancashire knights. — The plague. — The Gunpowder plot. — Letter to 
lord Monteagle. — Cecil's account of the discovery. — Fate of the conspirators. — Nevif dignity of 
inheritance. — Lancashire baronets. — Lancashire witches. — Dr. Dee's petition. — Seer Edward Kel- 
ley, the necromancer. — History of Lancashire witchcraft. — Duchess of Gloucester. — The Stanley 
family. — Satanic possession. — Cases of seven demoniacs in Mr. Starkie's family at Cleworth. — 
Dispossessed. — The conjurer hanged. — King James's daemonologie. — Witches of Pendle Forest. — 
Their trial. — Fate. — Salmesbury witches. — Acquitted. — Second batch of Pendle Forest witches. 
— The witch-finder's deposition. — Proved to be an impostor. — Examination of the Lancashire 
witches before the king in council. — Deposition of Ann Johnson, one of the reputed witches. 
— On the belief in witchcraft. — Case of a Lancashire witch in Worcestershire. — Richard 
Dugdale, the Lancashire demoniac. — His possession. — Dispossession. — Witchcraft exploded. — 
Progress of king James through Lancashire. — Sunday sports. — rThe Book of Sports. — Further 
honours conferred on Lancashire men. — Letter from king James to sir Richard Hoghton, with 
autograph. — Letter from the king's council to the earl of Derby, lord-lieuteiiant of Lancashire and 
Cheshire. Pwge 567 



LIST OF PLATES. 



VOL. I. 



Edward Baines, Esq., M.P To face Title 

Antique Helmet of Bronze found at Ribchester . . . . . . . . . p. 20 

Map of Lancashire, according to the Domesday Survey . 92 

John of Gaunt, Duke of Lancaster 137 

Seals of the County Palatine and Duchy of Lancaster . 192 

Autographs of the Lancashire Lieutenancy in the Reign of Elizabeth ..... 518 



DIRECTIONS TO THE BINDER. 

Cancel the original Titles, and use the separate ones, which have the words " SllllJ l3Uff)J>" added. 
Insert the " Preface" (Sig. b) given in the last Part, instead of the " Advertisement" originally 

given in Part I. 
In each volume, the Contents and List of Plates are immediately to precede the body of the Work. 
In Volume I. the original pages, 319, 320, 321, 322, in signatures 2 S and 2 T, (which were printed 

before the passing of the Reform Bill,) are to be cancelled, and the reprint of those pages 

substituted in their stead. 
In Vol. II. the pages wanting between Sigs. 3 D and 3 E (namely, folios 393, 394, 395, 396,) 

consist of Pedigrees. 



THE 



HISTORY OF LANCASHIRE. 



Cftap, h 

In'.roductory Observations. — Roman name of Lancashire. — Brigantes. — Aborigines. — Druidism. — 
Manners and customs. — Languages. — Caesar's invasions. — Renewed invasion by the Romans. — 
Lancashire overrun by the Romans. — Hadrian's waU. — Roman stations in Lancashire. — Lanca- 
shire estuaries. — Roman roads in Lancashire. — Antonine's Itinerary of the Lancashire routes. — 
Richard of Cirencester's Itinerary. — Arrival of the Emperor Severus in the Brigantian capitaL — 
His acts. — His death and deification. — His successors. — The goddess of the Brigantes. — 
Recent discovery of Roman remains at Ribchester. — Provinces and districts. — Britain finally 
abandoned by the Romans. — -Roman institutions. — Roman remains in Lancashire. 




HE County of Lanca.ster, though not particularly chap. 
famed for those monuments of antiquity which shed ^' 



a lustre on histoiy, local as well as national, is by introduc- 
no means destitute of ancient remains. Its dis- 
tinguisliing characteristics, however, consist in the 
extent of its commerce, the importance of its manu- 
factures, the nimiher and value of its modem insti- 
tutions, and the activity and enterprise of its abun- 
dant population. In tracing the liistory of such a 
County, it becomes the duty of the historian to 
describe mth accuracy the monuments bequeathed to us by our ancestors, without 
exhausting the patience of his readers with prolix details and controversial disquisi- 
tions ; which, however interesting to the antiquarian, seldom tend to any valuable 
result. Wliere facts are wanting, conjecture may be resorted to, in order to sup- 
ply the defect ; but in a portion of the kingdom where there is so much of the 
real history of human affairs, it would be unpardonable to spend that time in 
barren speculation, wliich may be so much more advantageously devoted to the 
concerns of the gi"eat community for whose information tliis work is intended. 
VOL. T. B 



2 Cf)f 2>isitoii) of tht 

CHAP. For nearly four thousand years of the world's existence, the liistory of this 

County, and of this country, is almost a blank, except so far as it may be read 

in its geological phenomena; and it may be confidently asserted, that before the 
fu'st lancHng of Julius Csesar upon our shores, scarcely any tiling is known of 
the people who inhabited this island, or of the government and institutions under 
wliich they lived. There have been, it is true, certain zealous and adventurous 
antifiuarians, who have assigned dates much earlier than the fifty-fifth year before 
the bii'th of Cluist, to the two Universities of Oxford and Cambridge ; the cham- 
pion of the antiquity of Cambridge going back to Cantaber, who, as we are told, 
lived 394 years before the Clmstian era; and the still bolder Oxonian dating 
the bii-th of his Alma Mater as far back as the fall of Troy ! 

The history of Britain before the Norman Conquest may be divided into 
foiu" portions : 

Fii-st, the Aborigines ; 

Second, the Roman period ; 

Thii'd, the Anglo-Saxon period ; and. 

Fourth, the Danish period. 

Each of these epochs had its distinct character, and in all of them the 
inhabitants of Laucashii-e took theuf share; though it is doubtful whether tliis 
County, even at the Conquest, had obtained its present name. 
Roman According to Ptolemy, the inhabitants of the country between the lofty 

Lanca- ridge which now separates Yorksliire from Lancashire, and the bay of Morecambe, 
bore the name of the Setantii, or Segantii — the dwellers in " the country of water ;" 
wliich district, on the second invasion of the Romans, was included in the more 
Brigantes. cxteusive proAiuce of the Briijantes* extending on the east side of the island 
from the Hmnber to the Tyne, and on the west from the Mersey to the Eden, and 
comprehending the five counties of Yorksliii-e, Durham, Ciunberland, Westmore- 
land, and Lancaslm-e. Tliis being the most powerful and populous nation in 
Britain, durmg the Roman sway, it is the most celebrated by the best writers, f 
Ahorigi- Historians ai-e generally agi-eed that the Aborigines of Britain, as Caesar 

calls our earliest ancestors, were a tribe of the Gauls, who emigi-ated from the 
Continent, and settled in this island | about a thousand years before the butli 
of Christ. The more probable conjecture is, as Caesar intimates, that the 
interior parts of Britain, to the north and to the west, and consequently 
Lancashire, were peopled by the earliest mhabitants, and the maritime pai'ts by 

* Brigantes. From the Spanish Briga, a city, or from the Belgic Brigantes, free lands, 
rather tlian from the French Brigands, piratical marauders. 

t Camden, vol. iii. p. 233. X Rich, de Cir. b. I. cap. ii. sect. 4. 



oes. 



Cotintp ^aalntint of iCanrneitrr. 3 

those -who crossed over from Belgiimi, in Gaul, for the pui-pose of in\acling it, ^hap. 

almost all of whom had their names from the tribes whence they sprang, and, 

on the cessation of hostilities, remained here. 

Before the first invasion of the Romans, the inhabitants of tliis part of the 
island subsisted cliiefly by hunting; and theii- cattle gi'azed upon pastures, 
unencumbered by any of the artificial di\'isious whicli a state of cultivation never 
fails to produce. For their clothing, when the severity of the season compelled 
them to submit then- lunbs to such restraints, they were indebted to the skins 
of animals ; and their dwellings were formed by the pillars of the forest, rooted 
in the earth, and enclosed by interwoven branches, wldch but imperfectly served 
to shelter them dming the hours of repose from the conflict of the elements. 
Their governments, according to Diodorus Siculus, the ancient liistorian, though 
monarchical, were free, like those of all the Celtic nations; and theii- religion, 
wliich formed one part of the government, was Druidical : then- deities were 
furies ; hiuaan sacrifices were offered to them ; * and the eternal transmigration 
of souls was inculcated, and universally believed. 

According to Caesar,! " the Druids attend on divine offices, perform the public 
and private sacrifices, and explain the mysteries of religion. To them gi-eat oruidisra. 
niunbers of youth resort for instruction, and they are held in great honour among 
them, for they decide in almost all cases, public and private ; and if any crime or 
murder is committed, or any disputes arise about estates or bounds, they deter- 
mine it, and appomt rewards and punishments. If any individual or body of 
men refuses to abide by then- sentences, they forbid him to come to the sacrifices. 
Tliis is esteemed the heaviest punishment among them. The persons thus for- 
bidden are considered a.s impious ^TCtches, shunned by all, and then- conversation is 
avoided, as if for fear of bemg injiu-ed by the contagion of thefr company. They 
can obtain no benefit from the laws, nor ai'e they alloAved any shai-e in public 
honom-s. Over all these Druids presides one with supreme authority. Upoji 
his death the next in rank succeeds ; but if there are many equal in rank, a suc- 
cessor is elected by the suffrage of the rest. They sometimes dispute for the 
superiority by the sword. These priests, at a certain time of the year, hold a 
general assembly, in a consecrated place in the confines of the Carnutes, whose 
counhy is supposed the centre of all Gaid. Hither repair- all who have any 
disputes, and submit themselves to their judgments and decrees. This system 
of discipUne is supposed to have been planned in Britain, and thence transfen-ed 
to Gaul ; and, to this day, those who desii-e to acquire a more intimate knowledge 
of it, generally go tliither to be instructed in it. The Druids are dispensed from 
* Solinus. t C. Julii Caesaris Commentarii de Bello Gallico, lib. vi. cap. 13, 14. 

b2 



4 €I)t i>i5torp of ti)t 

CHAP, attending on war, nor do they pay ti-ibute, like the rest of the nation ; and they 
' ai-e exempted from military and all other service. Encouraged by such re- 
wards, and frequently of tlieu- own choice, many come to them to be instructed, 
or are sent by then- relatives and pai-euts. They ai'e said to leam bj^ heai-t a 
great number of verses, and therefore spend several years in this discipline ; nor 
do they think it right to coimnit what they are taught to writing, whereas, in 
almost every thing else of a public or private natm-e, they use the Greek charac- 
ters. This I suppose them to do for two reasons ; because they would not have 
the common people acquainted ^vith then- discipline, nor their- scholai's who leani 
it trust to letters more than their memory, it being a too conuuon case that per- 
sons who rely upon the assistance of Aniting, lay too little stress on memory. 
The points they cliiefly inculcate ai-e, the immortality and ti-ansmigi-ation of the 
soul,* which they think very conducive to inspire courage, by occasioning a con- 
tempt of death. They likei\ise discourse ^vith youth much about the heavenly 
bodies and their- motion, the size of the heaven and the eai-th, the nature of 
tilings, the influence and power of the immortal gods." 

Accorchng to Pliny ,t " the Druids (as the Gauls call their- magicians or 
wise men) hold notliing so sacred as the misletoe, and the ti-ee on wliich it 
gi-ows, provided it be an oak. They make choice of oak gi-oves in preference to 
all others, and perfonn no rites without oak leaves; so that they seem to have 
the name of Druids from thence, if we derive their- name fi-om Greek. Tliey 
think whatever grows on those trees is sent from heaven, and is a sign that the 
Deity has made choice of that tree. But as the misletoe is seldom to be met 
with, when found, it is fetched with great ceremony, and by aU means on the 
sixth day of the moon, which with them begins the months and years, and the 
period of thirty years, wliich they term an age ; for, at that season, the moon 
has sufficient influence, and is above half fidl. Tliey call tliis plant in their 

* The effects of this opinion are very strikingly described by Lucan, in a highly poetical 
apostrophe to the Druids : — 

' Vobis auctoribus umbrse 
Non tacitas Erebi sedes, Ditisque profundi 
Pallida regna petunt : regit idem spiritus artus 
Orbs alio : longse (canitis si cognita) vitse 
Mors media est. Certe populos quos despicit Arctos 
Felices errore suo, quos ille timorum 
Maximus, baud urget leti metus ! Inde ruendi 
In ferrum mens prona viris, animaeque capaces 
Mortis, et ignavum rediturse parcere vitae." Lucan, Pharsal. 1. i. 

t Nat. Hist. xvi. c. 44. 



Ctrnntp ^alati'nt of I-ancasitfr. 5 

own language All-heal ; and, after preparing it for the sacrifice and feast *imder chap. 

the tree, they bring up two wliite Lulls, whose horns have been bound for the '. — 

first time. The priest, habited iu wliite, mounts the tree, and, with a golden 
hook, cuts the misletoe, which is received in a white cloth. They then sacrifice 
the \'ictiins, praying the deity to render this, his gift, favourable to those to 
whom they distribute it. They suppose it renders any animal fruitful wliich 
(Wnks a decoction of it, and it is a remedy against all sorts of poison. So 
much does the gi'eatest pai-t of a national religion consist in trilles." 

The manners and customs of the ancient Britons resembled those of the Gauls. Manners 
They were extremely warlike, eager for slaughter, and bold and courageous in tums. 
battle. Dion Cassius, speaking of the Britons in the northern pait of the island, 
(the Brigantes,) says, " They never cultivate the land, but live on prey, hunting, 
and the fiiiuts of trees ; for they never touch fish, of which they have such prodi- 
gious plenty. They live in tents, naked, and mthout shoes; have theii* wives iu 
common, and maintain all theu" cliil(beu. The people shai'e the government 
amongst them, and they practise robbery ^\'ithout restraint. They fight in chariots, 
haring small fleet horses; they have also infantry, who can run very swiftly, and while 
they stand are very firm. Then- arms are a shield, and a short spear, on the lower 
part of wliich is a bell of brass, to terrify the enemy by its sound when shaken. 
They likewise weai' daggers. They are accustomed to brave hunger, cold, and all 
kinds of toil ; for they will contiuue several days up to their chins in water, and 
bear hunger many days. In the woods they live on bai"k and roots of tfees. They 
prepare a certain kind of food for all occasions, a piece of which, of the size of a 
bean, prevents their feeling hunger or tliirst."* 

Xiphihnust says, Bundinica, the British queen, " wore a gold coUai-, and was 
dressed in a party-coloured robe." Pliny says, " the Britons and Gauls wore a 
ring on then- middle finger ;" and Caesai* describes them as wearing long liair.J 
They wore, like the Gauls, a particular di'ess, called bracha : 

Quam veteres brachae Britonis pauperis.^ 
Like the old brachae of a needy Briton. 

But the description of the manners and customs of the ancient Britons, as given 
by CjBsar, is the most full and clear.]! " The Britons," says the Roman conqueror, 
" use brass money, or nou rings of a certain weight instead of it. They tliink it not 

* Sir Robert Sibbald supposes this to be the root of orobus, or tlie wild astragalus thalius, which 
has a taste like liquorice, and is called by the Highlanders, who chew it for the same purpose at present, 
karemyle. Scotia lUust. p. i. lib. i. c. 17 — 19. The plant meant by Sir Robert (for it is not easily 
identified by this description) is the heath peaseling, the orobus tuberosus of Linneeus. 

+ LXII. Punc. : B. G. V 14. § Martial. 1| B. G. v. 12. 



6 CI)t S^istorp of ti)t 

CHAP, right to eat hares, poultiy, or geese, though they breed them all for amusement. 
' Of all the natives, the most civilized are the inhabitants of Cantium, all that country 
lying on the sea-coast; and the manners of this people are not very different from 
those of the Gauls. The inland inhabitants for the most part sow no corn, but live 
on milk and flesh, and for clotliing wear skins. AU the Britons stain themselves 
with woad, which produces a blue colour, and gives them a more horrible appearance 
in battle. They wear the hair of their head long, but close and bare on every part 
of their body, except then* head and upper lip. Tliey have their wives in common 
among ten or twelve of them, especially brothers with brothers, and parents with 
cliilch'en; but the issue by these Avives belongs to those who manied them when 
vu-gins. Most of them use chariots in battle. They first scour up and down on 
every side, throwmg their darts, creating disorder among the ranks by the teiTor of 
their horses and noise of theu* chariot wheels; and when they are got among the 
troops of horse, they leap out, and fight on foot. Meantime the charioteers retire to 
a little distance from the field, and place themselves in such a manner, that if the 
others are overpowered by the nmnber of the enemy, they may be secure to make 
good then- retreat. Thus they act with the agility of cavalry, and the steadiness of 
infantry, in battle, and become so expert by constant practice, that in declivities and 
precipices they can stop then.' horses on full speed, and on a sudden check and 
tm-n them, run along the pole, stand on the yoke, and then as quickly dart into their 
chariots again. They frequently retreat on purpose, and, after they have drawn our 
men a little way fi-om the main body, leap from their poles, and wage an unequal 
war on foot. Then- manner of fighting on horseback creates the same danger, both 
to the reti-eater and the pursuer. Add to tliis, that they never fight in bodies, but 
scattered and at gi-eat cUstances, and have parties in reserve supporting one another, 
and fresh troops ready to relieve the weary." 
Language. From the affinity of language, Camden contends that the Britons sprang fi-om 
the Germans, and the Scotch fi-om the Irish ; and though Caesar says that the Gauls 
had different languages, he adds, as we have seen, that it was usual for the Gauls, 
who wished to acquu-e greater proficiency in the Druidical mysteries, to come 
over to Britain to receive instruction from our Druids; and Tacitus* says, "The 
language of the Britons and the Gauls is not very different." 

Tlie Romans, in their tliirst for universal empii-e, after subduing Gaul, turned 
their attention towards Britain; and if any tiling can palliate the disgi-ace of a 
conquered country, that alleviation is to be found in the name of the conqueror, 
wliich ^ill Uve throughout all ages, as well in the glory of his arms, as in 
the fidelity of his classical Commentaries. 

* Vit. Agr. xi. 



Count)) |3alatinf of aanrastfr. 7 

Nee stetit oceanus, remisque ingressa profundum CHAP. 

Vincendos, alio quEcsivit in oibe Britaniios. ^' 

Nor ocean stopped him, but with daring oar 
He sought new conquests on the British shore. 

CjBsar's owii account of the conquest, as presented in the fourth and fiftli books Csesar's 

iuvasion* 

of his " De Bello Gallico," exceeds all other descriptions, and is suhstantitdly as 
follows : 

In the summer of the 55th year before the bii'th of Christ, Caesar resolved to 
pass over into Britam. Having marched his army into the tenitory of the Morini, 
(now the French department of the Pas de Calais,) he ordered a gi'eat many ships 
in the neighbouring ports to attend him, for the jrarpose of undertaking the invasion. 
The Britons, in the mean tune, having notice of his design, came to Caesar with 
oifers of hostages and submission to the authority of Rome. The answer returned 
to these overtures was, that he should visit them in person, and he hoped they would 
be ready to enter into alliance with the Romans. The preliminary arrangements 
having been made, he weighed anchor about midnight, and about ten o'clock in the 
morning reached the coast of Britain, where he saw all the cHffs covered witli the 
British force assembled to repel the invaders. To effect a landing, the Romans 
were obliged to leap from then- sliips breast-liigh into the water. In their endea- 
vours to laud they were sti'enuously opposed by the Britons, whose chariots lined 
the shore, while their cavalry advanced boldly to the edge of the water, and cast 
theii- darts at the invaders Avith murderous eftect. Tlie Roman soldiers, sluinking 
from tliis unequal warfare, demurred to leap into the sea, when tlie standard-bearer 
of the tenth legion, having first invoked the gods for success, cried out aloud — 
" Follow me, fellow-soldiers, unless you will betray the Roman eagle into the hands 
of the enemy : for my part, I am detennined to discharge my duty to Caesar and 
the commonwealth." Upon tliis he jumped into the sea, and advanced with the 
eagle against the enemy. Excited by this heroic example, the Roman sokliers 
leaped promiscuously from then- sliips, and, falling upon the enemy, speedily put 
them to the rout. The Britons, being thus vanquished in battle, despatched ambas- 
sadors to Caesar, to offer hostages, and an entu-e submission to his conuuands. A 
peace was thus concluded four days after Cesar's arrival in Britain ; but that very 
night a stonn came on suddenly, and destroyed or dismantled all the conqueror's 
sliippiug. Consternation spread through the camp, there being no sliips left to 
cany back the troops, and the army was wholly without com whereon to subsist. 
Tliis disaster being known to the British cliiefs, who, after the battle, had repaii-ed 
to Caesar's camp to perform the conditions of the treaty, they confederated amongst 
themselves, and left the camp to ch-aw the islanders together; but Caesar, suspecting 



8 €i)t fnsitorp of tftf 

CHAP, tlieii- design, had daily supplies of corn brought to liis camp, and by extraordinary 
" exeitious the fleet was repaii-ed, and soon in a condition to take the sea. During 
these transactions, the seventh legion being sent out to forage, according to custom, 
the soldiers were attacked by a strong body of the Britons placed in ambush, and 
only escaped destruction by the timely arrival of Caesar, who came to their relief. 
Meanwliile the Britons despatched messengers into all parts, to make kno^ra to their 
countrymen the small number of the Roman troops, and the favourable opportunity 
they had of making immense spoil, and freeing their country from future invasion, 
by storming the enemy's camp. Having by tliis means got together a great body 
of infantry and cavalry, they marched towards the Roman entrenchments. Caesar 
lost no tune in tbawing up his legions in order of battle before the camp, and, falling 
upon the Britons, who were not able to sustain the shock of cUsciplined troops, they 
were soon put to flight. The Romans, pursuing them as long as their strength 
would permit, made a terrible slaughter, and, setting fii-e to then- houses and 
Aollages a great way roimd, returned to the camp. The same day ambassadors 
came to Caesar to sue for peace, when Ctesar, doubling the nimiber of the hostages 
he had before imposed upon them, ordered them to be sent to the continent, and, 
not judging it prudent to winter in Britain, embarked his army and returned 
to Gaul.* 

Taught by experience, Caesar's next invasion was undertaken with a much 
superior force, consisting of five legions and two thousand horse, accompanied by a 
fleet of eight hundi-ed sail of vessels, wliich quitted Portus Ituis in the su mm er of 
the following year. Though a great anay of Britons had repaired to the coast, to 
resist the landing of the invaders, they became terrified by the vast nmnber of 
ships, and retired hastily to the mountains, where they liid themselves in dismay. 
CiBsar ha\Tng landed his army Avithout resistance, chose a proper place for Ms camp 
upon the coast, in which he left ten cohorts, with three huncked horse, to guard the 
fleet, when, after a march of about twelve hoiu's by night into the country, he came 
in sight of the British army, Avho, having posted themselves behind a river, with 
then- cavalry and chariots, attacked the invaders from their high gi-ound, to resist 
their passage. After a bloody conflict, the Britons were first driven into the woods, 
wliich were strongly barricadoed by felled trees ; but the sokhers of the seventh 
legion, advancing under cover of their shields, and having cast up a mound, forced 
the entrenclunents with little loss, and obliged the native troops to abandon the wood. 
The next morning Caesar was preparing to pursue the enemy ; but when he had 
advanced a little way, intelligence was brought liim, " that a dreadful stonn aiising 
on the preceding night, had fallen violently upon liis fleet, and diiven almost all the 

* B. G. iv. 



CountP ^3alatint of EanraEitrr* 9 

ships on shore." Caesai-, upon this, recalled his legions and cavalry, and returned chap. 

to his camp, from wlieuce, after spending ten days in repairing the disaster, he 1 . 

retui-ued to the place where he had quitted the pursuit of the Britons. Upon Ids 
amval he found their numbers had heen considerably increased in the interval ; and 
that tlie coimnaud of tlieii- forces had, by common consent, been conferred upon 
Cassibelaunus, whose territories were divided from the maritime states by the Thames, 
a river eighty miles from the sea. The British horse, supported by their chariots, 
vigorously charged the Roman cavalry on then' march ; yet they were every where 
dispersed, and diiven back to theii- woods and hUls with great slaughter. The 
Romans, in then- turn, suffered considerable loss by a sally made by the enemy from 
the woods, and Q. Laberius Durus, a military tribune, was slain on the occasion. 
On tlie following day a most sanguinary and decisive engagement took place, in 
wliich the Britons were routed. StUl unsubdued, they stationed themselves in gi-eat 
numbers upon the banks of the Thames, at the only place where the river was 
fordable ; but the Roman cavalry succeeded in crossing the river, though notliing 
but then- heads were above the water, and charged the Britons with so much unpe- 
tuosity as to oblige them to quit the banks, and betake themselves to flight. A 
predatory warfare was carried on for some time against the Romans : but at length 
the Britons, finding further resistance hopeless, the Trinobantes, the Cenimagni, 
Segontiaci, Ancalites, Bibroci, and Cassi, sent ambassadors to Caesar with offers of 
submission ; and Cassibelaunus, discouraged by so many losses and the devastation 
of liis tenitory, sued for peace. Csesar, designing to pass the winter in Gaul, Csesar 
listened the more readily to theii" overtures, and, baring demanded hostages, and tain, 
appointed the yeai-ly tribute which Britain was to pay to the Romans, embai-ked his 
anny, and quitted the British shores never to return. A more empty conquest 
was scarcely ever achieved: and yet, on liis return to Rome from the conquest 
of Britain, Caesar dedicated a breast-plate made of British pearls, in the temple 
of Venus Genetrix,* and exliiluted a number of British prisoners in the theatre 
of tliat city. 

The sun of Roman glory bad now passed its meridian. Distracted by domestic 
wai-s, which ended in the establishment of an absolute monarchy in Rome, the 
conquerors bad little force to spare for the preservation of distant conquests ; the 
Britons were, therefore, for a long time, left to themselves, and, for nearly a century 
after the invasion of Caesar, they enjoyed, unmolested, then- o^vn ci^il and religious 
institutions. 

* In Britannia parvosatque decolores (uniones) nasci certum est, quoniam Divus Julius thoracem, 
quern V^eneri genetrici in templo ejus dicavit, ex Britannicis margaritis factum voluerit intelligi. — 
Plin. lib. IX. c. 35. 

VOL. I. c 



10 Wi)t ?f)istorj) of tftf 

CHAP. In the intenal between the first and second invasion of Britain by the Romans, 

the founder of the Chiistian religion had accomplished liis divine mission, in ii 



A.D. 43. 



province of the Roman empiie, but ahnost without observation at Rome ; and, ten 
Renewed yeai's after his death, the Emperor Claudius sent over an ai'iny to this country, 

invasion * i /■ a i tii • 

by the Ro- mulcr the conunaud of Aulus Plautnis, the first Roman general who landed on tliis 

mans. ,.-,, .,. . r t ^' n T-fcT 

island smce the invasion of Juuus Caesar, rlautius haMiig obtained a footiuo- in 
Britain, Avas succeeded by Ostorius Scapula, by whom the southern part of the 
island was reduced to a Roman province. The Emperor Claudius considered tlie 
conquest of Britain of sufficient importance to call for the royal presence; and 
after a visit to Camelodunum (Colchester), where he received the submission of 
several of the native kings, he returned to Rome vrith the additional title of 
" Britannicus." 

" O'er Britain he the Roman sceptre sway'd. 
Him the Brigantes azure-arm'd obey'd." 

Extermi- Suetouius PauKnus, the successor of Ostorius, soon after the departure of the 

tiie emperor, embarked liis amiy, with the determination to extenninate the Druids. 

The island of Mona (Anglesey) being theii- chief seat, he resolved to dii-ect his 
operations against that place. The Britons, aware of its importance, used every 
means in their power to resist the landing of the enemy ; but all then- endeavours 
were in vain. The scene wliich followed was one of utter despaii'. " On the shore," 
says Tacitus, " stood a motley gi-oup of armed men, mixed with women running up 
and down amongst them, di-essed like furies in black gaiments, theii- hair dishevel- 
led, and torches iu their hands. The Druids also attended, lifting up their hands to 
heaven, and uttering dreadful execrations. The novelty of the sight so struck the 
Roman soldiers, that they stood as it were motionless, exposing themselves to the 
enemy's weapons, till, animated by the exhortations of the general, and encoiu-aging 
one another not to fear an army of women and madmen, they advanced, bore down 
all they met, and involved them in theii- own fu-es. The tribunals of the Druids 
were overtui'ued ;* gamsons were afterwards placed in the to^nTis, and the groves, 
sacred to then- bloody superstitions, cut down. For it was their practice to offer the 
blood of then- prisoners upon their altars, and to consult the gods by the entrails 
of men." 

* In the year 1702, while removing the rubbish from the remains of the chief tribunal of the 
Druids in Anglesey, a brass medal of our Saviour was found, on which was inscribed in Hebrew — 
" This is Jesus Christ, the Mediator ;" from which it is inferred, that the Christian religion had 
been preached here in the early part of the first century ; and it seems probable, that this medal was 
the property of some of its ministers, who had been condemned and sacrificed by the Druids. — 
Burton's Man. Ehor. b. i. p. 3. 



Count)) palatmr of aanrasitn* ii 

The exactions of the Roman procurator, and the Ucentiousness of the legionaries, chap. 
had produced the most inveterate hatred towards the conquerors in the south of — - — - 
Britain ; and, instead of the family of tlie long of the Iceni, who Avas lately deceased, 
belno- treated ^vith respect, BoacHcea, his ^Aidow, was ignominlously scourged, and 
her two daughters ravished. Driven to desperation hy then- AVTongs, the people 
took up arms under Boadicea,* in the absence of Suetonius, and, after driving in 
the outposts mth great slaughter, they stoiTued the forts, took possession of Came- 
lodunum, the capital of the colony, and put to death the Roman ganison. On 
hearing of this cHsaster, Suetonius repaii-ed by forced marches to London, then a 
conunercial city, but not a Roman station, ft'om whence he marched against the 
Britons, who, during theii- short career of victory, had put to death 70,000 of theii- 
enemies. A sanguinary battle now approached; Suetonius, at the head of the 
fourteenth legion, with the vexillai-ii of the twentieth, amounting in the whole to 
10,000 men, met BoatUcea vdih her countless unchscipUned followers, and, after a 
desperate engagement, fought on the confines of Epping Forest, in which, as usual, 
discipUne prevailed over numbers, the Roman sokUers triumphed, and 80,000 
Britons, without distinction of age or sex, were left dead on the field. Boadicea, 
finding that all was lost but her honour, and scorning to grace the triumph of tlie 
conqueror, terminated her life by poison. 

At tliis period the prmclpal and the most able commander amongst the Britons Lanca- 
was Venutius, of the state of the Brigantes ; and it is probable, that the progi'ess of run by the 
the Roman arms in the country of the Segantii (Lancasliire), was ai'rested by the 
sldll and valour of this native general ; but the discipUne and constancy of the 
Roman troops, now commanded by JuHus Agricola, the successor of Suetonius, 
" stiaick a panic into the state of the Brigantes, wliich," according to Tacitus, " was 
accounted the most numerous of the whole country, by attacking them with great 
force ; and after several, and some of them bloody battles, he reduced gi-eat part of 
Britahi by ^-ictory, or involved it in war." When Agiicola, who added to the bravery 
of the soldier the skill of the statesman, had alarmed the native inhabitants by his 
severity, he ofiered inducements to peace by liis clemency. By tliis conduct many 
of the states, and the Brigantes amongst the rest, which till then had stood out, gave 
hostages, and submitted to have a Hue of ganisons and castles (;ka^\^l round them. 
This was the origin of oui- Roman stations. " In order that men who, by their a.d. so. 
unsettled and unciAolized state, were always ready for wai-, might be accustomed to 
peace and inactivity by pleasure, the general privately suggested, and pubHcly cou- 
cm-red in erecting temples, market-places, and houses, commending those who 
shewed a readiness to these works, and censuring those who appeared remiss. This 

* Tacitus, Vit. Agr, xvi. 
c2 



12 CI;r W^tOYV cf tftr 

CHAP, honourable emulation produced the effect of obligation. He applied liimself to 
' instruct the sons of the cliiefs in the liberal arts, and appeared to prefer the genius 
of the Britons to the accomplishments of the Gauls ; inasmuch as they, who but a 
little time before cUsdained the language, now affected the eloquence of Rome. Tliis 
produced an esteem ibr the Roman di'ess, and the to(ja came into general use. By 
deo-rees the Britons adopted the vicious indulgences of the Romans, and the porti- 
coes, the baths, and the splendid banquets, entered into the number of theu* enjoy- 
ments. This, which they called cultivation, was in effect the appendage of slavery."* 
Pursuing- liis A-ictorious career, Agricola carried the terror of his arms to the 
remotest part of Scotland, and added Ireland to the number of his conquests. At 
length, ha\ing traversed the country from its southern to its northern extremity, 
in the short period of eight years, he returned to Rome, where the Emperor Domitian, 
rendered jealous, by liis renown, received him with a cold salute, and then left the 
conqueror of Britain, to mix with the servile crowd of the imperial court.f 

Without plunging into the depths of antiquarian research, it may be proper to 
point out the Roman stations in Lancasliire, — to trace the Roman roads wliich 
intersected tliis county — to glance at the institutions, secular and religious, intro- 
duced by imperial Rome — and to describe the infant efforts of that commercial spuit 
which was destined to rank Britain amongst the first of nations, and Lancasliire 
amongst the fost of counties. 
A.D. 82. From the departure of Agi-icola till the arrival of the Emperor Hadrian in 

A.D.117. Britain, the name of the Brigantes scarcely occurs in liistory. It appears, ho%vever, 
that they were subjected to the incursions of their northern neighbours, the Picts, 
Hadrian's and that the emperor, " after con-ecting many tilings, di-ew a wall eighty miles in 
"""■ length, on the northern boundary of the country of the Brigantes, to confine the 
' Barbarians' within the lunits of their own border.s."J Neariy a century had now 
elapsed since the second invasion of Britain by the Romans, and in the course of 
Roman that period there had risen up in Lancashire the stations^ of 3Iancunium, Man- 
Lancr '" CHESTER ;|| Veratinum, Warrington; Rerigonium, Ribchester ;|| Colunium, 
''""'■ CoLNE ; Coccium, Blackrode ; Ad Alaunam, (the Longovicus of the Notitia,) 

Lancaster ; BremctonaccB, Overborough. 
Estuaries. The estuaries into which the rivers that Avatered these stations fell, though 
involved in some degree of uncertainty, from the vague and indecisive character of 
the Roman charts, were— The Mersey, called Belisama ; The Neb of the 

* Tacitus, Vit. Agricolse, xxi. t Vit. Agr. xl. 

t Vit. Hadriani, Scrip. Hist. Aug. p. 51. § Whitaker's History of Manchester. 

II The name or termination Castor, Cester, or Chester, from Castra, a camp, generally indicates 
a Roman station. 



Coinit)) |3alatn« of annrnstrn 13 

Nese (Freckleton), at tlie mouth of tlie Kibble, called the Haven of the Setantii, chap. 
or the Setantlan Port, and The Bay of Mouecambe. '" 

The Lancaslm-e stations comniuiiicatcd with Isuriuni (Aldhoroiioh), and Ebora- 
ciim (York), the Brigantine capitals, by roads constructed by the Roman soldiery, 
and with other towns enumerated in the Itinerary of Antoninus, the Chorography of 
Ravennas, and the Description of Britain, by Richard of Cii'encester. 

It is conjectured that tlie principal part of the Roman roads in Britain were Roman 
commenced by Julius Agi-icola, to facilitate his conquests ; and an imperial general ilu'cu-'" 
of modern times, in devoting so much attention to the public roads, only imitated '*'""^" 
these ancient conquerors. Tlie four gi-and military Roman ways in Britain bear 
the names of Watling Street, Hennin Street, the Fosse, and Ikening or Iknild 
Street ; but it is only the first-mentioned of these roads that comes within the scope 
of tliis liistory. Each of the stations affords its antiquities : at Blackrode, the 
Roman roads are seen expanchng like radii from a centre ; Ribchester abounds ^\'itli 
remains; and Colne, Freckleton, Lancaster, Manchester, Overborough, and War- 
rington, wiW be found, in the progi-ess of this Avork, to exhibit in succession their 
antiquaiian stores, and to proclaim theii- ancient alliance with the Mistress of the 
World. 

After the lapse of sixteen centuries, the County of Lancaster still presents 
innunieralde remains of these celebrated roads. Four gi-eat Roman roads pass 
through this county — two of them from north to south, and two others from west 
to east. 

The first of the Roman routes extends fi-om Carlisle (Languvallium), in Cum- 
berland, to Kinderton (Condate), in Chesliire : passing through Lancaster, it 
advances pretty nearly due south, near Garstang and Preston, to Blackrode ; then 
taking the dii-ection of Walden Moor, Avhere it assumes the name of Staney-street, 
it advances by the Hope Hall estate, crosses the liighway from Manchester to 
Wan-ington, and, having passed the ford of the Irwell at the shallow wliich gives 
denomination to Old Trafford, proceeds tlu'ough the tillage of Stretford to the bridge 
over the Mersey; then pointing at Altringham, it passes along the declivity of the 
hills, and enters Dunbam Park ; here it takes the name of Street to Buckley HUl ; 
from hence it passes to Mere Tomi ; when, leanng Northwich about half a mile 
to the right, it takes the name of King Street, at Broken Cross, and proceeds to 
Kinderton, the Condate of Antoninus, now a suburb of Middlemch. 

The second Roman road extends from Overborough to Slack or Almondbury 
(Camboduniun), in Yorksliire. Tliis road passes through Ribchester, across the 
Ribble ; then, proceeding to the east of Blackburn, tlu-ough Ratcliffe and PrestArich 
over Kersall Moor, is carried by Strangeways Lane to Manchester ; traversuig that 



14 mjt %ii^tor^ of t\)t 

CHAP, to^\^lsllip obliquely, it passes over Newton Heath, by Haigh Chapel, to the summit 

" of Austerlancls, where it enters Yorksliii-e, passes Knoll Hill in Saddleworth, and, 

crossing the Manchester and Huddersfield road at Delph, leaves Mai'sden about a 

mil e and a half to the south, skii'ts Golcar HUl, and attains the plot of Cam- 

bodunum. 

The tliii-d route commences at the Neb of the Nese, on the right bank of the 
Ribble, called by the Romans Tlie Setanlian Port, or, as we should express it, The 
Port of Lancashire ; tliis road ranges from west to east, and, crossing the Lancaster 
road, leaves Preston about a mile to the right, assuming on Fulwood Moor the name 
of Watling Street; hence it proceeds to Ribchester, from wliich station it passes 
over Longridge Fell, and then, turning to the north, traces the Hodder to its source. 
The fourth Roman road commences at the ford of the Mersey, near Wamngton, 
and passes through Barton and Eccles to Manchester ; it afterwards traverses the 
to^vnsllips of Moston, Chadderton, and Royton, and keeping about a quailer of a mUe 
to the right of Rochdale by the Oldham road, continues thi-ough Littleborough ; 
afterwards, mounting the British Apennines, it sweeps over Rumbles Moor, and 
advances to Ilkley, the Olicana of Ptolemy, where stood the temple of Verbeia, 
the goddess of the Wharf. 

Antonine's The Roman Stations in Lancashire occur in the second and the tenth routes of 

of Lanca- the Itiueraiy of Antoninus, and are thus arranged : — 

sliire 
Routes, 

Iter. II. 

********* 

Eboracvm, LEG. VI. vie. . . York. 

Calcaria, M.p. IX. . . Tadcaster. 

Cambodvns, M.p. XX. al. XXX. . . Almondbury. 

Manvico, M.p. XVIII. al. XXIII. . . Manchester. 

CoNDATE, M.p. XVIII. . . Northwich. 

Deva, LEG. XX. vie. M.p. XX. . . Chester. 

Iter. X. 
From Lanchester, in the County of Durham, to Drayton, in the County of 
Slu'opsliire. 
A Glanoventa. From Lanchester. n 

Galava, M.p. XVIII. al. XXVIII. . . Old Town. 

Alone, m.p. XII. . . WJiitby Castle. 

Galacvm, M.p. XIX. . . Appleby. 

Bremetonacis, .. . M.p. XXVII. al. XXXn. . . Overborough. 



Coimtp IJalatint of ^mxmstti'. 



15 



CocciA, M.p, XX. aJ. XXV. 

Mancvnio, .... M.p. XVII. al. XXXIL 

CONDATE, M.P. XVIII. 

Mediolano, .... M.P. XVIII. al. XXVIII. 



Rihchestor. 
Manchester. 
Near Northvich. 
Near Drayton. 



CHAP. 
I. 



The Itinerary of Richard of Cirencester is more fuU, and thus exliibits tlie Riciiiudof 
Lancasliire Stations, with their immediate connexions, in the VI. VII. and X. ten'^"'^'^* 
routes : — 

Iter. VI. 
Ab Eboraco Devam usque sic. 

Calcaria, M.P. villi. 

Camboduno, ] . . M.p. XXII. al. XXXIL 

Mancunio, . . . M.p. XVIII. al. XXIII. 

FinibusMaxim^ et Flavin, m.p. XVIII. al. VI. 

CoNDATE, .... M.P. XVIII. al. XXIII. 

Deva, M.p. XVIII. 



From York to Chester. 

. Tadcaster. 

. Slack. 

. 3Ianchester. 

. Stratford on Mersey. 

. Kinderton. 

. Chester. 



Iter. VII. 
A Portu Sistuntiorum Eboracum usque, sic. From Freckleton(on the Kib- 
ble) to York. 

Rerigonio, m.p. XXIII. al. XIII. . . Rochester. 

Ad Alpes Peninos, . . m.p. VIII. al. XXIII. . . Barrens in Brouyhton. 

Alicana, M.p. X. . . Ilkley. 

Isurio, M.p. XVIII. . . Aldboronyh. 

Eboraco, m.p. XVI. al. XVII. . . York. 

Iter. X. 

******** 

Brocavonacis, Brouyham. 

Ad Alaunam, m.p. XXXXVII. . . Lancaster. 

Coccio, M.p. XXXVI. . . Blackrode. 

Mancunio, m.p. XVIII. . . Manchester. 

Condate, M.p. XXIII. . . Kinderton. 

******** 



Several other roads, called Vicinal-ways, are to be found in this county, but the 
routes above described form the four principal military coromunications. These 
roais generally consist of a regular pavement, formed by large boulder stones or 



16 



Cftf 5?istoii) of tl)t 



CHAP. 

I. 



Arrival of 
the Em- 
peror Se- 
lerus. 



A. D.207. 



Takes the 
field. 



Severus's 
wall. 



li-aoinents of rock imbedded iu gravel, and vary in width from four to fourteen yards. 
It is a sins^ular characteristic of the Roman roads, that they are not carried over 
rivers Ly bridges, but by fords, except where the rivers are impassable, and then 
bridges ai-e thi-o^vn over.* 

The terror of the Roman name, and the vigour of their arms, seemed scarcely 
able to keep in subjection the inhabitants of Britain, who sought every opportunity 
to shake off the foreign yoke. According to Herodiau, the propraetor in Britain 
adcb-essed a despatch to the Emperor Severus, to the eifect that " the insuiTections 
and inroads of the Barbarians, and the havoc they made far and near, rendered it 
necessary that he should either increase the Roman force in this country, or that 
he should come over in person." On this intimation, the emperor, though then 
advanced in life, and sinkiug under bodily infirmities, repaired to Britain, and 
established his court in Eboracum (York), the capital of the Brigantes. Having 
collected liis force round that city, the emperor, attended by his sons Caracalla and 
Geta, marched from York, at the head of a powerful army, to the North, where he 
drove the Caledonians witliin their fi'ontiers, and erected a stone wall witliin the 
vallum of Hadrian, and very nearly upon the site of that celebrated earthen rampart. 
Tlie loss of Roman soldiers iu tliis exj^ecUtion, according to Dion Cassius, amoimted 
to 50,000 men, partly by war, and pai'tly in cutting dovna. the woods, and draining 
the mosses, for wliich the north of England, and Lancashire in particular, is to 
the present day distinguished. 

To commemorate liis ^-ictories, Severus coined money with the inscription, 
VICTORIA BRITANNIC A; he also assmned the name of BRITANNICUS 
MAXIMUS, and gave to his son Geta the name of BRITANNICUS. 



His coin. 




Mints were established by the Romans at eleveu of their British stations, two of 
wliich were York and Chester; and it is probable that from these northern mints the 
coin Avas cii'culated over Lancasliire. No fewer than fifty different Roman coins 
have been found at Standish, iu tliis county, neai- the ancient Coccium, several of 
wliich are from dies struck by the Emperor Severus. 

* Galen, ix. c. 8. methodi. 



Countp ^galatutf of ^[anrasstfr. 17 

A few years after the retui-n of Severus to York, where he hehl his court in all chap. 
the splendour of Roman magnificence, tlie Caledonians again took up ai-ms, and ^' 
penetrated beyond the wall which the conqueror had pronounced an insimnouutable 
bulwark. This renewed iiTuption excited the indignation of the emperor beyond all 
bounds ; forgetting that he was himself an invader, he commanded his legions to 
advance once more against the enemy, and to put the whole population, without sangui- 
distinction of age or sex, to the sword, as the poet has expressed it* orders. 

Tpoiec S" av iripwdev iivh tttoKiv wirXiCoVTO, 
UlavpoTtpoi • {.lijiaaav ce Kj wq vafiivi [ia^Eodai, 
Xpeioi ai'ayKfui], Trpo te ■Katdoiv ic, trpb yvvaiKwv. 

No sooner had Severus put down tliis new insuiTection, than the infii-mities of 
age, and the cai'es of the government, brought on a mortal disease, of wliich he died 
in the Brigantine capital, the city of his adoption. His last words to his sons his death, 
were — " I leave you, my Antonines, (a tenn of affection,) a finn and steady govern- 
ment, if you wUl follow my steps, and prove what you ought to be, — weak and 
tottering, if othenvise." — " Do every thing that conduces to each other's good." — 
" Cherish the sohUery, and then you may despise the rest of mankind: a thsturbed 
and every where disti'acted government, I found; but to you I leave it finn 
and quiet — even to the Britons." " I have risen from the lowest to the liighest 
station, and am now no better for it." Tlien calling for the urn which was to 
contain liis ashes, after the ossilegium (the burning of liis body), and, looking steadily 
upon it, he said — " Thou shalt hold what the world was not lai-ge enough to 
contain." 

After the dead body of the emperor had been consumed in the flames, his ashes 
were collected, and sent in a porphyrite urn to Rome, where they were deposited in 
the capitol, and the honour of apotheosis, or deification, was confen-ed upon him by 
the senate and the people. That his memory might not be lost m Britain, his 
devoted anny, with infinite laboui", raised tlu-ee large hills in the place where liis 
funeral rites were performed, in the vicinity of the city of York, which elevations 
bear the name of Severus's Hills, and are still very prominent.t 

The manner of " making a god," a.s described by Herodian|: in the case of His deifi- 
Severus, is extraordinary, and will yield more amusement to the reader than the '^^''°'^' 
object of deification could afford benefit to liis chsciples. " The ceremony," says the 
historian, " has a mixture of festivity and pomp. Tlie corpse is buried, like other 
emperors, in a sumptuous manner. But they make an effigy [of wax] as like the 
deceased as possible, and place it in the porch of the palace, upon a large and lofty 
bed of ivory covered with cloth of gold. Tliis image is of a pale complexion, and 
• Homer II. viii. 55. f Drake's Eboracum, book i. p. 14. X Book iv. c. 3. 

VOL I. D 



18 ci)f lietoii) of tin 

CHAP, lies at full length lilce a sick person. Round the bed on each side sit, for the 
^' gi-eatest part of the day, on the left hand, the whole senate in black habits; on the 
rio-ht, ladies whose husbands or parents are persons of distinction. None of these 
latter wear any gold or bracelets, but thin white hal)its, like mourners. This they do 
for seven days together, the physicians coining every day to the bed to visit the sick 
person, whom they report to grow worse and worse. At last, when they tliink he is 
dead, the noblest and choicest youths of equestrian and senatorian rank take up the 
bed on their shoulders, and carry it along the sacred way into the Old Forum, where 
the Roman magistrates usually resign then- authority. On both sides are built steps 
like staii-s, on which are placed, on one hand, a band of boys of the noblest and 
patrician families ; on the other, of noble women, singing hjTims in honoui- of the 
deceased, and dirges set to solemn and mournful measures. This being ended, 
they take up the bed again, and carry it out of the city into the Campus Mailius. 
In the widest part of this field is raised a kind of scaffold of a square fonn, and 
equilateral, built of nothing but vast quantities of wood in form of a house. The 
bed being placed in the second story, they throw over it heaps of spices and per- 
fumes of all lands, fnuts, herbs, and all sorts of aromatic juices. For there is no 
nation, city, or inchvidual, of any rank or eminence, who do not \ie with each other 
in making these last presents to the memory of the emperor. After a gi-eat heap 
of spices has been piled up, and every part of the buUding filled, the grand procession 
on horseback is made by the whole equestrian order round tlic structure, in certain 
orders, and returns in Pyrrliic measure and time. Chariots also are driven round 
in like order, by persons di-essed in purple, and representing all the Roman generals 
and emperors. This bemg ended, the successor to the empire takes a torch, and 
puts it to the builcUng. AU the rest immediately set fire to it, and instantly the 
whole, being filled mth chy combustibles and perfmnes, is in a strong blaze. Pre- 
sently from the highest and least story, as from a pinnacle, an eagle is let loose, 
and, towering up into the air Avith the flame, is supposed to convey the emperor's 
sold to heaven. From thenceforth the emperor is worshipped among the rest of 
the gods." 

Tlie conduct of the sons of Severus, Caracalla and Geta, shews but too clearly 
the necessity that was felt by then- d^nng father for m-ging upon them tiie duty of 
brotiierly affection and union. After tiie emperor's death, the imperial dignity was 
dirided between them : but Cai-acalla, aspu-ing to the undiAided power, resolved upon 
liis brother's death, and, on a slight pretence, caused 20,000 soldiers, whom he 
supposed to be in liis brother's interest, to be put to the sword. Not satisfied with 
tliis horrible atrocity, and familiarized to blood by the sanguinary deeds of liis deified 
father, he pursued his unoffending brotiier into the presence of his mother, Julia, 



His suc- 
cessors. 



Countp ^3alntinf of aanrajjtrr. 



19 



and, with his o^™ hands, pierced the unhappy prince's heart in the arms of lier who chap. 
gave him life.* ' 

After the return of Caracalla to Rome, a long and profound silence is ohserved hy a. d. 211. 
the Roman historians as to the affahs of Britaui; and it is not till the reign of 
Dioclesian, Avhen Carausius, Imuself a Briton, who, being sent by the emperor with 
a fleet to guai'd the Belgic coast, embraced the opportunity to pass over into tliis 
island, and got himself proclauned emperor at York, that any incident appertaining 
to the subject of tliis liistory is recorded. 

At a subsequent period Carausius was slain by his compeer Alectus, who imme- A. D. 207. 
diately assumed the purple, and bore sway in Britain, till Constantius, suruamed 
Chlorus, dethi-oned the usurper, and reigned in Ids stead. Constantius, having 
previously manied a British princess who had embraced the Cluistian religion, 
manifested his attachment to the doctrines of the Cross, ratlier by following its 
precepts than by openly avowing its faith; and on liis death, at York, the honour of 
tlie apotheosis, or deification, was conferred upon liim by the Roman senate. Tlie a. d. 3C6. 
issue of his marriage ^ith the Princess Helena, was Con- 
stantine, by whom he was succeeded. The inauguration of 
this emperor took place in the unperial city of York, the 
place of his buth, and the British soldiers, in Roman pay, 
presented then- countryman ^rith a golden ball, as a symbol 
of his sovereignty over the island. Upon his conversion to 
Christianity he placed a cross upon the ball ; and ever since 
this emperor's time, the globe surmounted by the cross has A. d. 341. 
sl||j^\^ J Iv ^^^^ used as the emblem of majesty in all the kuigdoms of 
^ - Christendom. 

On the death of Constantme the Great, the empire was 
divided among liis three sons, Constantine, Constantius, and 
Constans. In this division Britain fell to the share of Con 
stantme, the eldest of the number 

part of the empire, Constantine invaded the tenitories of his 
youngest brother; in which invasion he lost liis life, and 
was succeeded in Britain by Constans, who thus became 
Emperor of the West. Constans having fallen in the -village 
of St. Helena, at the foot of the Pyi-enees, liis only surviving 
brother succeeded to the purple; and he was succeeded by 
Julian, in whose reign the statue of the Brigantine god- 
dess is supposed to have been erected. This ancient piece of Roman sculpture was 

* Xipliiliinis a Dione. 
d2 




Goddess 
■vT • 1 1 • of the 

JNot content with mS Biigantes. 



B RIG AKTiE S AMANDV S 
aRflTiXnVSlIXJMPERIOl^ 



20 CI;f ??isitJ3ii) of tijf 

CHAP, found in the ruins of a temple in Annandale, in the year 1 732. Tlie figure is &ui)- 

'• posed to represent Victory, or a Panthea, adorned with the symbols of Victory and 

Pallas ; and the inscription, according to Roger Gale, the antiquary, may be read thus : 

" Briffantia sacrum Amandus 
Arcitectus ex imperio imperatoris Juliani.^^ 

The most recent, and one of the most interesting discoveries of Roman remains 
in Lancaslui'e, was made during the sununer of 1 796, at Ribchester, in this county, 
by a youth, the son of Joseph Walton, in a hollow, nine feet below the surface of the 
sTound, that had been made in the waste land at the side of the road leading to the 
church, and near the bed of the river. It is conjectured, that when these antiquities 
were deposited in this place, the sand was thrown amongst them to preserve them 
in a diy state, but they ai'e in general much defaced by the corrosive effect of sand 
upon copper during a period of nearly two thousand years. These antiquities were 
purchased by Charles Townley, Esq., of Townley Hall, in this county, fi'om 
the persons who found them, and they are described by that gentleman in a letter 
addi-essed by liim to the Rev. John Brand, secretaiy to the Society of Anti- 
quarians, the substance of wliicli will be found in its proper place in these volumes. 
Tt ^rill be sufficient to say here, that tliey consist of a helmet; a nmnber of patera; 
the remains of a vase; a bust of Minerva; the remains of two basins; a number of cir- 
cular plates ; and various other curiosities, many of wliich appear to have been appro- 
priated to rehgious uses. " The helmet," says Mr. Tofloiley, " deserves the particular 
attention of the curious as the remains of remote ages; very few ancient ones, decorated 
with embossed figures, have as yet appeared. The three or four which were preserved 
in the Museum at Portici are esteemed to be the most richly ornamented, and the 
best as to style of workmansliip ; but when this helmet was in its proper state, it must 
have been equal, at least, to those in point of decoration, and in respect to its baring 
a vizor unitating so exactly the hmnan features, I believe it to be the only ancient 
example of the kind that has yet been discovered. Tliis singularity may excite a 
doubt, whether such a helmet was destined for real combat, or only for the enrich- 
ment of occasional trophies wliich were erected in the celebration of military festi- 
vals, or cai-ried in procession amongst the Greeks and Romans. Tropliies of this sort 
are seen on various medals, \vi\h the names of the people, whose subjugation such 
tropliies are meant to record, inserted upon them; as for example, — DE 8ARMA- 
TIS — DE GERMANI8, on the medals of Marcus Aurelius and Commodus. 

" Tlie superior style of worlanansliip of the mask to that of the head-piece is also 
remarkable ; in the former, the beauty of the features, the excellent work of the 




I>ana "bv Ja! B^ 



iTiy J 



J'^ tl jl' ji.'A,' 'L'i ilj JtILT.5JL,i_vJIl.I . 



Eog« 



;i:i -T? ,v -r-r-o 



Count!? ^3alatinf of Saiuastfr. 21 

fio-ures in relief, and more particularly by the sharp edges and lines with which the chap. 

eye-brows, eye-lids, and lips ai-e marked, after the manner of Grecian art preced- __J 

ino- the Csesai's, denote it to have been executed some ages before tlic head-piece, 
llie coarse and heavy work of which coiTesponds with that of the artists employed in 
the reign of Septimius Severus, and particularly with the sculpture upon the arch 
of that emperor, situated near the Capitol liill at Rome. The cheek measures ten 
inches and a half from its junction to the scull-piece, at the top of the forehead, to its 
bottom, under the chin. A row of small detached locks of haii* surrounds the fore- 
head a little above the eyes, reacliing to the ears, wliich are well deUneated. Upon 
the locks of hair rests the bottom of a cUadem or tutulus, which at the centre in 
the fi-ont is two inches and a quarter in height, diminisliing at the extremities to 
one incli, and it is divided horizontally into two parts, bearing the proportionate 
heio-hts just mentioned.* The lower part projects before the Irigher, and repre- 
sents a bastion wall, separated into seven divisions by prjoecting turrets with pyra- 
midal tops, exceeding a little the height of tlie wall. The apertures for missile 
weapons of defence, are marked iu each of the tun-ets. The two aixhed doors 
appeal' in the middle di^^sion of tliis wall, and one arclied door in each of the 
exti'eme dinsions. The upper part of tlie cUadem, which recedes a little, so as 
to clear the top of the wall and of the tuiTets, was ornamented Avith seven embossed 
figures, placed under the seven arches, the abutments of wliich are heads of genii. 
Tlie central arch, and the figure that was witliin it, are destroyed, but the other six ai-e 
filled vnih a repetition of the follo^ving three gi'oupes : — A Venus, sitting upon a 
marine monster; before her a diaped figure Tvith wings, bearing a wi-eath and a 
palm branch, and behind her a triton, whose lower part terminates in tails of fish. 
Two serpents are represented on each side of the face, near the ears, from whence 
the bocUes of these reptiles surround each cheek, and are joined under the cliin. 
The union of various characters j-ecals the pantheic representations of the goddess 
Isis ; and when the accompaniments of the work are attentively considered, I am 
persuaded they wiU be found to represent the goddess in her generating, preserving, 
and destroying capacities, which primitively constituted her universal dominion, and 
characterized her as tlie Dea Trifomiis." 

Britain was soon after this period divided into two consular provinces, Maxima provinces 
CaBsariensis and Valeutia, and into three prsesicUal districts — Britannia Prima, Districts. 
Britannia Secunda, and Flavia Caesariensis.f Tliis division was probably made in 

" From subsequent information it is ascertained, that a Sphinx was found with these remains, 
which the person who discovered them, omitted to deliver to Mr. Townley, but which, it is judged, 
served to decoratje the top of the helmet. 

t Notitia. 



22 U)t Sn'storj) of ti)t 

CHAP the reign of Valeiitinian, after the memorable victory obtained by Theodosius over 

the united power of the Plots and the Scots;* and Lancasliire came under the 

consular g-overnment of Valentia, as forming part of that province. 

From tills period the Roman power rapidly declined, and the empire was 
menaced with desolation by the continental barbarians. The inhabitants and troops 
that were quartered in Britain, fearing lest the Vandals should pass over the sea, 
and subdue them with the rest, revolted from then' obedience to Honorius, and set 
up one Mark, Avliom they declared emperor ; but they soon deprived liim of liis 
dignity and his life, placing Gratian in his room, who was a countryman of their ovm. 
Within four months they murdered liim also, and conferred the sovereignty upon 
one Constantine, not so much in respect to his courage or his quality, for he was a 
very inconsiderable man in the army, but in regard to his name, which they looked 
upon as fortunate ; hoping he would do as much as Coustantine the Great had done, 
who had been advanced to the imperial dignity in the same island. Tliis new prince, 
Britain immediately after his promotion, passed over into Gaul, and, taldng %vith him the 
abandoned Very flower of the British j^outh, so utterly exliausted the military force of the 
Ronia'ns. islaiid, that it was wholly broken, and the island left naked to her invaders.-j" Britain, 
being thus deprived both of the Roman soldiers and of the most vigorous part of her 
A.D. 418. own population, became an easy prey to the incursions of the northern invaders, the 
Picts and Scots, to whose inroads the County of Lancaster was peculiarly exposed. 
The wall of Sevenis, though it stretched across the island, and was built of solid 
stone, twelve feet in height and eight feet in thickness, and though it was strength- 
ened by fortresses well supplied ^-ith munitions of war, no longer formed a bander 
against the inroads of the enemy. 

In tliis deplorable situation the Bi-itons invited over the Saxons, to protect them 
against an evW that they knew, and thereby fell upon a greater that they never antici- 
pated. But, before proceeding to this new period of our liistory, it may be proper to 
take a summary survey of the Roman institutions as they existed in tliis country, and 
in tliis county, during the four centuries that Britain Avas subject to the Roman sway, 
and to glance at the remains with which some of the Lancashii-e Roman stations 
abound, though the details must be reserved for theii' more ajipropriate arrangement, 
under the respective heads in the Hundred and Parish Histories. 
Roman in- Tlie government of Britain, during the Roman period, was praesidial, and with 
the president or vicar was associated, in military matters, the Comes Britanniartim. 
The country was garrisoned, and the conquest principally achieved and maintained 
by three out of the twenty-nine Roman legions, namely, — Legio II., Legio VI., 



Etitutions. 



* Ediard, vol. iii. p. 272, 273 f Ammianus Marcellinus, lib. xxvii. c. 8. 



Count|) iaalatiiw of ^LanrasUr. 23 

Victrix, principally statioued in the Brigantiau capital of Eboracum, and Legio XX., chap. 

usually called Valens Victrix.* 

According to Josephus, the Jewish liistorian, who Avi'ote in the first century. of 
the Christian era, there were four legions. His words ai-e, " Britain is surrounded 
by the ocean, and almost equal in extent to our world ! Yet it was reduced by the 
Romans, and four legions controlled such a populous islajid."t The knowledge of 
geooi-aphy possessed by tliis ancient historian seems scarcely more accurate than the 
knowledge of astronomy displayed by Caesar and Tacitus. 

The manufacture of woollens was introduced into England, and probably into 
Lancasliire, at an cariy period of the Roman conquest, and the luxury of (bess soon 
succeeded the painting of the body. After-ages have increased and perfected these 
useful fabrics, and the ancient country of the Brigantes is still the most famous of 
all the districts of England for this invaluable production of the loom. 

The religion of the Romans consisted, till after their final depai-tm-e from 
Britain, of the idolatry of the Pantlieon, though the light of Christianity began to 
dispel the mist of heathenism during the reign of Constantius Chlorus, the father of 
Constantino the Great. Constantius erected the first episcopal see in Britain, and 
the seat of that liigh dignity was at Eboracum. j Constantine not only lavoured the 
Clu-istian doctrine, but, to display Ins attaclmient to Cliristianity, he, stamped upon 
his coins the emblem of the Cross, a.d. 311. The progress of the true faith was, 
however, continually retarded by the wars with which this country was distracted, 
and it was not till a later period of British liistory that tiie great body ,of the nation 
could be called Christians. 

The lapse of sixteen centuries, during which time fifty generations of men have Roman 
passed over the stage of time, though it has consigned to desti'uction numberless 
Roman remains, has served to bring to light a gi'eat mass of antiquities in the 
stations of Lancashire. Hence in IMancunium, and in Ad Alaunam, we have altars, 
statues, coins, and medals; and in Rerigonium, a rich collection of antiquities, con- 
sisting of masks, helmets, and domestic utensils, serves to shew that tliis retii'ed 
village was once the abode of the conquerors of the world. But of these, each in 
its proper place. Tlie goddess of the Brigantes, being a general sulyect, will 
serve as a specimen of the monuments of antiquity in the general department of our 
liistory. 

In dismissing for the present the Roman period, it may be observed, that skilful Romans 
as were some of the Caesars, and many of their subjects, in ai-ts and in arms, they "°* ^"™" 
were deplorably ignorant of some of the great phenomena of nature. Hence we 

* A Roman legion, when full, consisted of about 6,000 infantry and 400 cavalry. 
t Bell. Jud. ii. c. 16. sec. 4. J Burton's Monasticon, p. 6. 



nomers. 



24 CIk |[^i5torj) of ti)t 

CHAP, find Julius Csesai-, in his Commentaries, astonisliing his readers by communicating 
^' a rumour, that in the Isle of Man, a few leagues from the Laucasliire coast, the 
nio-hts were of tliii-ty days' duration, and expressing liimself in a manner indicating 
his own uncertainty upon the subject. The words are, " In hoc mecho cursu est 
insula, qufe appellatur Mona; complm-es prseterea minores objectiB insula existi- 
mantur; de quibus insulis nonnulli scripserunt, dies contmuos xxx sub bruma esse 
noctem. Nos niliil de eis percontationibus reperiebamus, nisi certis ex aqua meu- 
suris breviores esse, quam in continente noctes videbamus."* 

Another classical author of gi-eat celebrity, wlio Avi-ote one hundred and fifty 
years after Caesai-, records, that it was said of the Isle of Anglesey, that the days and 
niglits were each of them six montlis long ]-\ Tlie Romans, in the days of their 
emperors, conceiving the earth to be a flat surface, imagined that night was occa- 
sioned by the sun retiiuig beliind high mountains. It was reserved for Copernicus 
to announce the rotundity of tlie globe, and for Sir Isaac Newton, a native of that 
island whicli in Caesar's time was the abode of savages, to calciUate, with mathe- 
matical jjrecision, the length of the days and nights in all parts of the world. 

Strange as this ignorance of the most learned of tlie Romans may soimd in 
modern ears, since the light of science has opened the volume of nature to the great 
body of mankind, and rendered them to a certain extent more learned than the 
ancient pliilosophers, a period was now approaching in British history, when the 
gloom of heathen darkness was to become still more impervious, and when the 
native inhabitants of Britain were to be exposed to the horrors of tliose sangui- 
nary contests, wliich so long existed between tlieii- northern hivaders and the 
Saxons. 



* De Bello Gallico, lib. v. c. 13. 



t Pliny, lib. ii. sec. 75. It is understood that the Mona of Caesar was the Isle of Man, and 
that of Pliny, the Isle of Anglesey. 



Count)) ^aalntiiif of ^Lanrasttn 



25 



Saxon period. — State of Britain on the departure of the Romans. — Urgent application of the 
Britons for foreign aid. — Assistance offered by the Saxons. — They visit Britain as friends. — 
Remain as enemies. — ^Take possession of Kent. — Defeat of the Saxons at York. — Saxon ingrati- 
tude. — King Arthur. — Battles on the Douglas. — The Round Table.— Sir Torquin.— The Heptar- 
chy. — Northumbria. — Saxon idolatry. — Introduction of Christianity. — Missionaries to Britain. — 
Conversion of the Northumbrians. — Restoration of churches. — Lancashire castles. — Oswald. — 
Archbishop Wilfrid. — Papal authority acknowledged. — Transference of the people of Furness. — 
Rain of blood. — Venerable Bede. — Invasion of the Danes. — Battle of Whalley. — Dissolution of 
the Heptarchy. — State of Lancashire in the ninth century. — Reign of Alfred the Great. — Saxon 
name of Lancashire. — Early tradition of the Eagle and Child. — The tenth century. — The south 
of Lancashire in Northumbria, and not in Mercia. — Wars in Northumbria. — Lancashire not 
mentioned in the Saxon Chronicles. — Passes under the Danish power. — Termination of the Saxon 
and Danish dynasties in England. — Manners and institutions of our Anglo-Saxon ancestors. 

HE progress in civilization made by the Britons chap. 
dui'ing the four hundred years that tliis county and 




II. 



tliis country were occupied by the Romans, was almost ^^j"" ''*' 
obliterated by the sis centuries Avliich .succeeded, of 
invasion fi-om Avithout, and tUscord within the island. 
One redeeming event served, however, to cUspel the 
night of heathen darkness; and the general intro- 
duction of Christianity, perverted and contaminated 
though it was by superstition and error, UTadiated 
the gloom of the Saxon, the Danish, and the Norman 
dominion. So fail' a country as Britain, suddenly abandoned by its Roman con- 
querors, and possessed by a people without union in the governments, and vrithout 
reliance upon themselves, naturally became a prize for foreign competition ; and 
the struggles for independence were rather the transient and convulsive efforts of 
despaii-, than the dauntless energies of patriotic confidence. The sliips which 
ti'ansported the legionaries of Rome from the shores of Britain had scarcely weighed 
anchor, when the invading hordes of the Scots and Picts cUslodgcd the British trooj)s 
from then- fortresses, and, forcing a passage through the Roman wall, penetrated into 
the counties of Cumberland and Lancaster, and even to* the gates of York, from 
whence they menaced the other parts of the island. The state of the country at that 
time, as described by one of the earliest British historians,* serves to shew that 
considerable progi-ess had been made in the arts, in conuuerce, and in agriculture ; 
VOL. I. * Gildas. E 



26 COt W^tOV}} of t\)t 

CHAP, and tliat tlie people no longer painted their bodies, and depended for tlieir food on 

" the precarious resources of the chase. " The island of Britahi," says this sapient 

nduiin'^on ecclesiastic, " placed in the balance of the divine poising hand, which weigheth 
iu?e'o7tUe the Avhole world, at ahuost the uttermost bounds of the earth towards the south- 
Uomans. ^ypg^^ exteutHug itself from the soutli-west out towards the North Pole, 800 miles in 
length and 200 in breadth, embraced by the embowed bosoms of the ocean, with 
whose most spacious, and on every side impassable enclosure, she is sti-ongly defended, 
enriched with the mouths of noble floods, by which outlandish commodities have in 
times past been transported into the same, besides other rivers of lesser account ; 
streno-thened ^\^th eight-and-twenty cities, and some other castles, not meanly fenced 
with fortresses of waUs, embattled towers, gates, and buildings, (whose roofs, being 
raised aloft with tlu-eatening hugeness, were mighty in the aspking tops compacted,) 
adorned vvith her large spreading fields, pleasantly seated liills, even framed for good 
husbandry, which ever mastereth the ground, and mountains most convenient for 
the chano-eable pastures of cattle ; watered Avith clear fountains and sundry brooks, 
beating on the snow-wliite" sands, together with silver streams glichng forth Avith 
soft sounding noise, and leaving a pledge of sweet savours on bordering banks, and 
lakes gusliing out abundantly m cold runnhig rivers."* 

Tliis description of the wealth of Britain, and of its scenery, di-awn tJiirteen 

hundi-ed years ago, Avas doubtless appUcahle to the county of Lancaster at the time 

A.D. 4-18. of the departure of the Romans. " After this," continues our author, " Britain 

being now despoiled of all armed soldiers, and of her own brave and valorous youth, 

(who quitted the island along with the Romans, never returning to their homes,) and 

absolutely ignorant of all practice of war, was trampled many years under the feet 

Invaded of two Very ficrcc outlandish nations — the Scots and tlie Picts. Upon whose invasion, 

Picts^aud and most terrible oppression, she sent ambassadors, furnished Avith letters, to Rome, 

humbly beseecliing, Avith piteous prayers, the hosts of soldiers to redress lier AATong-s, 

and voAving AA-ith the whole power of her mind her everlasting subjection to the 

Roman empii'e, if they would allow their soldiers to return, and to chase aAvay their 

foes. These letters Avere mdicted to this puqjose, — ' Tlie Lamentations of the 

Urgent ' Bfitons uuto Agitixs, thrice Consul.' ' The barbarians thive us to the sea, the sea 

tion for ' drivcs US back to the barbarians. Thus, of tAvo lands of death, one or other must 

aid. " ' be our clioicc, either to be SAvallowed up by the waves, or butchered by the SAvord.' 

In this deplorable conthtion, no relief covdd be afibrded by the Romans ; the Goths 

AA'ere at theu* oaa'u gates ; and to aggi'avate the miseries of the Britons, a dreadful 

famine raged in the ravished country, Avhich obliged many of them to peld their 

necks to the yoke of the iuA'aders for a little food ; and those who had too much 

* Epist. of Gildas, cap. i. 



Countp ^3nlntine of 3Caurn£itfi% 27 

constancy to submit to tliis hnmiliation were constrained to seek refuge in the moun chap. 
tains, or to conceal themselves in caves and thickets."* "' 

Repulsed by the Roman government, and without confidence in their own 
strength, the Britons sought assistance from the Saxons, a nation of warriors and 
pu-ates. The mUitary reno^vn of these people pointed them out as the most 
efficient of auxiliaries, wliile their ambition and their avarice made them in reality 
die most dangerous of allies. To avert a present danger, ambassadors were sent to 
the heads of then- government, and, an autUeuce ha\iag been obtained, they spoke 
as follows : — 

" Most noble Saxons — The poor and distressed Brets (Britons), outworn and 
exhausted by the uicursions of their enemies, hearing the fame of those victories 
which you have most gallantly obtained, have sent us supplicants unto you, craving 
that you would not deny us your help and succour. A large and spacious land we 
have, plentiful and abimdant in aU things, wliich we yield wholly to your coimnand. 
Hitherto we have lived freely under the patronage and protection of the Romans ; 
next unto them we know not any more powerful than yourselves, and therefore we 
seek for a refuge under the Avings of your valour. So that we may, by your puissance, 
be superior to our enemies; and whatsoever service you shall impose upon us, that 
we will wUUngly afrord."t 

To tliis urgent invitation the peers and the governors of the Saxons replied : — Assistance 

" Know ye, that the Saxons ■will be fast friends to the Britons, and ready at all tue'^sax-^ 

times to assist them in their necessity for a suitable return ; Avitli joy, therefore, 

embark again for your country, and make your countrymen glad with these good 

tidings." 

Tlie Saxons were confederated tribes, consisting of the Angles, (and hence The Sax- 
ons. 
Anglo-Saxons,) the Jutes, and the genuine Saxons. They were settled on the 

shores of the Gennan ocean, and extended fi'om the Eyder to the Rliine. The 

etymology of their name is involved in the obscurity of remote antiquity. Their 

leaders are supposed to have bequeathed the appellation to their followers." The 

classical historians have painted this nation with the features of terror ; the word 

Saxum, a rock, as an expression of unfeeling ferocity, has been thought by some to 

have produced the name, while Sacsesons, the sons of the Sacae ; Sasscn, a settled 

people; S-uess-on, or Saxon, Celtic for the waters of the river; and Saex, or 

Siachs, the short sword they fought with, has each found its advocates.^ The first 

Saxon expecUtion to England, wliich consisted of 1000 soldiers, embarked in three 

vessels, called Cyulce, or Kules, composed of hides,§ under the command of Hengist 

* Epist. of Gildas, cap. xvii. f Witichindus. 

X Sh. Turner's Hist, of the Anglo Saxons, vol. 1. p. 22-3. § Nennius, cap. xxviii. 

E 2 



38 €i)t l^lStOll) of ti)t 

c:hap. and Horsa, the latter sening under tlie former, and botli being in the fourth 
' generation from Woden, one of the princiiml gods of the Saxons. On their arrival 
They visit iu England, tliey were cUrected by Vortigern, the Britisli king, to march agfdnst the 
friends! ^' cuemj, then spread over the greatest part of the country of the Brigantes ; and on 
then- arrival in the neighbourhood of York, a bloody engagement took place, by 
winch the Picts and the Scots were driven out of Lancasliire and Yorkshire, and 
compelled to take refuge mthin then* own borders. The Saxon generals, disinclined 
to finish the campaign by a single battle, neglected to follow up this victory, and 
their troops remained in York and in Manchester, to recover from the fatigues of 
their journey, and to recruit their luimbers with fresh levies. So short-sighted are 
nations frequently, as well as incH^iduals, that gi-eat rejoicings took place in Britain 
on the expulsion of the Picts and Scots, and the Saxons were every where hailed as 
deliverers. Vortigern, held by the double tie of gratitude to Hengist, and love to 
his fascinating daughter, Rowena, became insensible to the danger that menaced his 
country. The poison of Saxon perfidy was poured into the royal ear, wliile he reposed 
on the bosom of the " blue-eyed" enchantress, and the kmg closed his eyes to those 
dangerous designs of ambition in liis foreign auxiliaries, which every day became more 
manifest to liis people. 

Having possession of Mancunium and Eboracum, the Saxons sent for a further 
supply of troops from Germany, which speedily arrived in seventeen cyulce, and were 
encamped in the Isle of Thanet. This measure naturally increased the suspicion of 
the Britons, and they expressed their (hspleasure, by refusing to provide for the fresh 
levies. A proclamation, conunanding them to quit the country, immediately followed, 
A D. 450. at which Hengist took deadly offence ; and the Saxons, Avho had come to expel 
invaders, now assumed themselves the character of open enemies. Further 
reinforcements, under the command of Octa, the son of Hengist, and Ebissa, the son 
Remain as of Octa, soou after arrived, and marched to the north, spreading themselves over the 
Brigantian districts, which were soon to assume another name. The demands of 
the Saxons rose with the concessions of the Britons ; and it at length became clear, 
that notluug short of the full possession of tliis fail' island would allay the cravings of 
then- ambition and cupichty. Disgusted with the blindness and effeminacy of Vorti- 
gern, his people drove him from his tlu'one, and Vortimer, his son, reigned in his 
stead. After several battles between the Britons and the Saxons, fought -with 
various success, in one of wliich Vortimer fell, Vortigern again ascended the tlu'one, 
and Hengist demanded a conference between the Saxon chiefs and the British nobility, 
to ai-range terms, as was alleged, for the Saxons quitting the kingdom. Tliis meet- 
ing took place upon the plain of Ambrij, now called Salisbury Plain. The unsus- 
pecting Britons came unarmed, but the perfidious Germans had each a short skeine 



enemies. 



Coimti) ^3alntinr of aanrnstm 29 

concealed under liis cassock. After the conference, the horns of festivity went chap. 

roimd, till the spiiits of the assembly had become exliUarated, when, at the terrible 

exclamation of " Nemed Saxes," out rushed the Saxon weapons ; the unarmed 
Britons fell before the perficUous assassins, and three huncU-ed of the bravest cliiefs 
and tlie most elevated men of the country perished on the spot.* Well may the 
venerable Gildas speak of the men who could perpetrate so horrible an atrocity as 
ferocissimi illl nefandi nominis Saxones Deo hominibusque invisi.\ 

Hengist now possessed liimself of the southern part of the island, wliich he Take pos- 
erected into a prmcipaUty, under the designation of the Kingdom of Kent, wlule Kent. 
Octa and Ebissa remained settled in Northmnbria. Tlie fortunes of the Britons 
were partially retrieved by Aurelius Ambrosius, a Briton of Roman extraction. Under 
his dii-ection the military spii'it of his countrymen was roused into action, and after 
marching from Totness at the head of a formidable force, accompanied by Uter, his 
brother, siu'named Pendragon, he arrived before the gates of York, when he 
smumoned Octa to surrender. A council of war being called, at wliicli the question 
to be discussed was, whether the Saxon garrison should stand a siege ? it was deter- 
mined to suiTender at chscretion, and to cast themselves upon the clemency of the 
Britons. Tliis detei-minatiou haviug been fonned, Octa, accompanied by his princi- surrender 

of York. 

pal captains, caiTying each a chain in his hand, mth dust upon his head, presented 
himself to Ambrosius with tliis address, — " My gods are conquei'ed, and I doubt not 
but the sovereign power is iu your god, who has compelled so many noble persons to 
come before you in this suppliant manner : be pleased, therefore, to accept of us 
and this chain ; if you do not tliink us fit for yoiu- clemency, we here present 
ourselves ready to be fettered, and ai-e Avilling to undergo any punislmaent you shall 
tliinli us worthy of" Moved by this liumiliating appeal, Ambrosius granted a free 
pardon to the invaders, and, instead of shipping them out of the country, he assigned 
to them a district on tlie borders of Scotland. Ebissa, who had probably occupied 
Manchester while Octa was stationed in York, encom-aged by the success of his 
kinsman's appeal to the conqueror's clemency, came and surrendered himself in the 
same manner, and met with a similar reception. 

Tlie gi-atitude of the Saxons did not outlive theii- merciful conqueror. On the a.d. 49o. 
death of Ambrosius, who was succeeded by Uter the Pench-agon, Octa and Ebissa 
revolted, and issued from their northern retreat, by the route of Bremetonacae saxon in- 
(Overborough) and Coccium (Blackrode), botli wliicli places they took, as well as s'"^"'"^'^- 
Mancunium (Manchester) and Veratinum (Wan-ington). On then- amval before 
Eboracum (York), an obstinate battle took place under the walls of that city, which 
ended in the defeat and capture of the two ingi-ates.J 

* Nennius,c. xlviii. t Epist. of Gildas, c. xxiii. l Geof. Mon. Polichron, &c. 



30 



COt S^istori.) of ti)t ■ 



CHAP. 
II. 

A.D. 510. 

King 
Arthur. 



His mili- 
tary 

achieve- 
ments. 



The son and successor of liter, born of Lady Igi-en, Duchess of Cornwall, was 
the renoAvued King Arthur. Trained to arms by Ambrosius, under wliose conunis- 
sion he for some time fought,* and animated by the wi-ongs of the Britons, over whom 
lie was appointed to reign, he became himself the leader of then- wars, and hi all of 
them he came off conqueror. The first of his battles was fought at the mouth of the 
river called the Glem. The second, tliiixl, fourth, and fifth, upon another river 
called the Douglas, in the territory of Linuis. The sixth was on a stream which 
bears the name of Bassas. The seventh was in the wood of Celidon, that is, in Cat- 
toit Celidou. The eighth was at Castle Gunnion. The ninth at the city of Legion. 
The tenth on the banks of the river Ribroit. The eleventh on the luU Agned 
Cathregonion ; and the twelfth at Mount Badon.f 

The history of tliis distmguished warrior is mixed up with so much romance as 
to render it extremely difficult to separate truth from fiction. That part of it, 
however, which regards the subject of this history, is not only supported by early 
tradition extending through many generations, but it is also supported by the concur- 
rent testimony of indubitable facts. The ingenuity and research of Mr. Wliitaker, 
the liistorian of Manchester, has placed tliis subject in so strong and mteresting a 
light, in the second chapter of liis Saxon History of Manchester, that it may be 
quoted with advantage, Avith the exception of those passages for which the public 
is indebted more to the vigorous unagination of the author than to historical 
evidence. 

" The second, tliii-d, fourth, and fifth battles of Arthur are supposed to have 
been fought m our own county (Laucashii-e), and upon the banks of our little 
Douglas.J And the name of the river concurs with the ti'adition concerning 
Arthur, and three battles prove the notice true. On the traditionaiy scene of this 
engagement remained, till the year 1 770, a considerable British baiTow, popularly 
denominated Hasty-Knoll. It was originally a vast collection of small stones taken 
from the bed of the Douglas ; and gi-eat quantities had been successively carried 
away by the neighbouring inhabitants. Many fragments of iron had been also 

* Malmesbury, f. 4. 

t " Artur ipse dux erat bellorum, et in omnibus victor extitit. Primum bellum fuit in ostium 
fluniinis quod dicitur Glem. Secundum et tertium et quartum et quintum super aliud flumen, quod 
vocatur Duglas, quod est in regione Linuis. Sextum bellum super flumen quod vocatur Bassas. 
Septum bellum fuit in silva Calidonis, id est, Cattoit Celidon. Octavum fuit bellum in Castello Gun- 
nion. Nonumque bellum gestum est in urbe Legionis. Decimum bellum gestum est in litore 
fluminis quod vocatur Ribroit. Undecimum bellum fuit in monte quod dicitur Agned Cathregonion. 
Duodecimum fuit bellum in monte Badonis." — Historia Britonum, auctore Nennio, cap. Ixv. Ixvi. 

I Higden, p. 225, from Radulphus, Hodie fluvius vocatur— Dugglis, et currit sub urbe de Wigan, 
and Brompton, c. 11.53. 



Countp |3alatine of iLanrastfr* 31 

occasionally discovered in it, together ^^itli remains of those military weapons which chap. 

tlie Britons iutei-red Avith their heroes at death. On finally levelling the harrow, '. — 

tliere was found a cavity, in the hungry gravel iimuediately under the stones, ahout 
seven feet in length, the evident grave of the British ollicer, and all filled with the 
loose and hlackish earth of his perished remains. At another place, near Wigan, was ' 
discovered, ahout the year 1741, a large collection of horse and human hones, 
and an amazing quantity of horse shoes, scattered over u large extent of ground — 
an evidence of some important hattle upon the spot. The very appellation 
of Wio-an is a standing memorial of more than one hattle at that place ; Wig 
sicmifying, in Saxon, a figlit, and Wif/-en heiug its plural. According to trathtion, 
the first battle fought neai- Blackrode was uncommonly hloody, and the Douglas was 
ci-imsoned with blood to Wigan. TracUtion and remains concui- to evince the fact, 
that a second battle was fought near Wigan-lane many ages before the rencoimter 
in tlie civil Avars. And credulity, deeply impressed with the story, not unfrequently 
fancies, to the present period, that it sees warriors habited in strange dresses, and 
hovering about the scene of slaughter. The defeated Saxons appear to have crossed 
the liill of Wigan, wliere another engagement or engagements ensued j and in 
forming the canal there, about the year 1735, the workmen discovered evident 
indications of a considerable battle on the gi-ound. All along the course of the 
channel from the termination of the Dock to the point of Pool-bridge, fi-om forty to 
fifty roods in length, and seven or eight yards ui breadth, they found the ground 
every where containing the remains of men and horses. In maldng the excavations, 
a large old spur, carrjdng a stem four or five inches in length, and a rowel as large 
as a half-crown, was dug up ; and five or six hundi'ed weight of horse-shoes were 
collected. The point of land on the south side of the Douglas, wliich lies inune- 
diately fronting the scene of the last engagement, is now denominated the Parson's 
meadow ; and tradition very loudly reports a battle to have been fought in it. To 
attack the Saxons in this situation was a bold effort ; but victory heightens the 
courage and mcreases the power of an army. The attack was made : it could not 
be sustained. The dispuited Saxons fell before the superior bravery and dauntless 
spirit of the Britons. 

" These four battles were fought upon the river Douglas, and in the region Linuis. on the 
In this district was the whole course of the current, from its source to its conclusion, ""^ '^^' 
and the words " super flumen quod vocatur Douglas, quod est in Linuis," shew 
the stream to have been less known than the resnon. Tliis was tlierefore consi- 
derable ; one of the cantreds or gi-eat cUvisions of the Sistuntian kingdom, and 
comprised, perhaps, the western half of south Lancashire. From its appellation of 
Linuis, or the Lake, it seems to have assumed the denomination from the Mere of 



32 CIK 5)l5ton,> of tl)t 

CHAP. Marton, which was once the most considerable object witliin it, and was traversed 

by the Romans in canoes of a single tree * 

" Thus by four successive victories had Arthur subdued the great ai-my of the 
Saxons, which had so often beaten the Britons of the north, and then held the 
Sistuutii in bondage. But Lancasliire was not yet entii-ely delivered. The castles 
which had been previously erected there by the provincials, would naturally be garri- 
soned by the Saxons on their conquest of the country, and the towns and their 
vicinities more immecHately bridled by then- barbarous oppressors. TracHtion 
asserts Manchester to have been thus ciixumstanced in particular at tlus period. "f 
Here, in the Castle-field, according to our authority, stood the Roman castle, now 
occupied by the Saxon commander Sii- Torquin, who was not expelled till after two 
desperate attempts to carry the fortress, in wliich the Britons at length succeeded, 
and Torquin fell before the \dctors. The tracUtions of Lancashire still cherish and 
uphold the memory of Su* Torquin, the lord of the castle, and the knights of the 
Round Talde, many of whom fell witliiu the tyi'ant's toils, till Sir Lionell of Liones 
slew the sanguinary knight, and liberated his captives.| 

The last of Arthur's victories Avas acliieved at the battle of Badon Mount ; and 
Mr. Wliitaker contends, that these memorable engagements not only checked the 
pi-ogress of Cerdic, but anniliilated the Saxon anny, and that a long interval of 
repose, extending through seventy years, followed. It appears, however, from the 
Saxon chronicles, that CercUc ched in the year 534, " and was succeeded by his son 
Cynic in the government of Wessex ; and that he," in the peculiar language of these 
chronicles, " reigned afterwaids twenty-six winters." It is also shewn from the 

* Leigh's Lancashire, b. i. p. 18. f Whitaker's Manchester, voL ii. b. ii. c. 2. 

I The chivalrous order of the Knights of the Round Table was, according to the Vetus Ceremo- 
niale MSS., instituted by King Arthur and the Duke of Lancaster, and is thus mentioned by Du 
Cange : — " Le roy Arthur d' Angleterre et le due le Lancastre ordonnerent et fu-ent la Table Ronde, 
et les behours tournois, et joustes, et moult d' autres chose nobles etjugemens d' armes dont ils 
ordonnerent pour juger dames et damoiselles, roys d' armes et heraux." This Table is described in 
the romantic annals of Tristan : — 

" The great and skilful Merlin has exhausted all the secrets of his art in the constructing of that 
table. Thirteen seats were placed round it, in honour of the thirteen apostles. Twelve only of these 
could be filled up, and only by the bravest and truest knights. The thirteenth represented that of the 
execrable traitor Judas. It was called the perilous chair, ever since a rash and presumptuous Saracen 
had dared to set himself on it, when on a sudden the floor gave way, and the miscreant was 
swallowed up and consumed by devouring flames. By means of the spell, an invisible hand traced 
on the back of the seat the name of the candidate who deserved to fill it, and who must have proved 
himself superior in every respect to the companion whom he was to succeed ; otherwise, whoever 
presented himself was instantly repelled by an unknown force. This was the trial those brave cham- 
pions underwent whenever an election was become necessary, by the decease of any of the worthies. 



Countp ^aalatme of Sancastn-. 33 

history of our Anglo-Saxon ancestors, that Ella and Ida reigned in Deua and chap. 
Bernicia, witliin thirteen years from the death of Arthur, and tliat the Saxon ' 



conquests gradually advanced, till all England was suhdued, and erected into seven 
soverei'ni states, under the name of the Heptarchy. The propriety of this appella- 
tion has heen disputed, and the term Oclarchy adopted in its stead. The difference The hep- 
is capahle of an easy explanation, — Northumhria heing considered one kingdom by 
the advocates for the Heptarchy, and two (that is, Deii-a and Bernicia,) by the 
supporters of the Octarchical division. The seven Idngdoms were, Sussex, Kent, 
Wessex, East Anglia, Essex, Mercia, and Northmnbiia. Tliis latter kingdom. 

Of the twelve honourable seats, that of Mourhoult, of Ireland, had remained ten years vacant. 
Arthur led Tristan to the empty seat. A celestial harmony was heard as he advanced, and the ambient 
air was sweetened by the most fragrant perfumes ; the name of Mourhoult disappeared, and that of 
Tristan was seen most resplendent and conspicuous. Now his modesty was put to a hard trial ; 
he was obliged, when seated, to detail all his achievements, which the clerks, as usual, took 
down." 

The episode of Sir Torquin, in the celebrated history of King Arthur, under the title of " La 
Morte d'Arthur," portrays with vrvacity the achievements of the gallant Knights of the Round 
Table, and, according to Mr. Whitaker, the scenery of the Castle-field, Manchester, and the surround- 
ing country, in the Saxon period, would answer to this description : — 

" Sir Lancelot of the Lake (Marton Mere), and Sir Lionell of Liones, two brothers, and Knights 
of King Arthur, entered a deep forest in quest of adventures, and came into a great plain within it. 
Here (in the usual awkwardness with which events are brought about by these ancient romances,) the 
former lay down to sleep under an apple-tree, and the latter guarded him. While they were thus 
employed, three knights rode by on full speed, pursued by a fourth ; and, as Lionell fixed his «yes 
upon the last, he thought that he never beheld so stout a knight, so handsome a man, or so well- 
accoutred a hero. This was Sir Torquin, the lord of a castle in the neighbourhood ; who, in the 
view of Sir Lionell, overtook the knights that he was pursuing, seized them, and bound them. 
Moved with generous pity at the sight, Lionell resolved to engage him. Without waking his brother, 
he followed Torquin, and bade him turn. He turned, overcame, and bound his challenger ; and 
took all four away with him to his castle. And there he stripped them of their arms and clothes, 
whipped them with thorns, and put them in a deep dungeon, to share the fate of the many knights 
that were in the same prison, and to join with them in lamentations of their misery. 

" In the mean while. Sir Ector de Maris, brother to Lionell and Lancelot, followed them to partake 
of their adventures, and came also into a great forest. There he heard, that within a mile was a 
castle, strong and well ditched, and by it, upon the left hand, a ford ; and that over this grew a fair 
tree, on the branches of whicli were hung the shields of the many gallant knights wlio had been 
overcome by the owner of the castle; and at the stem was a basin of copper, with a Latin inscription, 
which challenged any knight to strike upon it, and summon the castellans to a contest. Ector came 
to the place, saw the shields, recognized many that belonged to his associates of the Round Table, and 
particularly noticed his brother's: fired at the sight, he beat violently on the basin, and then gave his 
horse drink at the ford. And immediately a knight appeared on horseback behind him, and called him 
to come out of the water. He turned himself directly. He engaged the knight, was conquered, 
VOL. I. F 



34 



€f)t W^tov}) of tin 



CHAP. 
II. 



which alone concerns the subject of this liistoiy, was occasionally divided into two, 
under the names of Deira and Bemicia, but in its iiitegi-ality it may be exliibited 
thus, with the succession of its Saxon sovereign princes : — 



Northumberland 
consisted of the 
counties of . . . 



r 



Lancashire 

Yorkshire 

Durham 

Westmoreland 

Cumberland 

Northumberland, 



And its 
Kings<( 
are . 



J V Ella 


11. 


Alkfryd 


■ i Ida 


12. 


Osred 


2 ^ Adda 


1.3. 


Kenred 


i Elappea 


14. 


Oswick 


3. Tlieodwald 


15. 


Ceolulph 


4. Fretnulse 


16. 


Egbert 


5. Theodrick 


17. 


Oswalph 


6. Ethelrick 


18. 


Ediswald 


7. Ethelfiid 


19. 


Elured 


8. Edwin 


20. 


Ethelred 


9. Oswald 


21. 


Alfwald 


10. Egfrid 


22. 


Osred. 



This kingdom existed 379 years, dating its commencement from .547, and its 
desolation in 926. During the Roman period, the largest portion of this county took 
its name fiom the Brigautes ; but the Saxons, from its local situation to the North of 
the Humber, changed its designation to Nopjian Humbep Londe, or Northimiber- 
land. Tlie Saxon inhabitants of this kingdom were the Angles, who arrived 
from Anglia,* or Angloen, in Pomerania, as eai'ly as the year 449, though 
theii- kingdom of Noi-thumberlaud was not established till one huntb-ed years 
after that date. It has been conjectured, that Mercia included Deii-a, or that 
the country between the Mersey and the Ribble was witliin the Mercian terri- 



and taken prisoner by him. The brother of both these unfortunate heroes, Sir Lancelot, whom we 
left sleeping before in the forest adjoining to the castle, had been carried from thence by enchantment, 
and confined for some time. But, as soon as he was released, he went in search of Lionell, and came 
into the same forest, where they had so strangely parted. There, in the midst of a highway, he 
heard that a knight dwelt very near, who was the most redoubted champion that ever existed, and 
had conquered, and now kept in prison, no less than sixty-four of King Arthur's knights. He 
hastened to the place. He came to the ford and tree ; and he let his horse drink at the ford, and 
then beat upon the basin with the end of his spear. This he did so long and so heartily, that he 
drove the bottom out ; and yet no one answered. He then rode along the gates of the castle almost 
half an hour. At last he descried Sir Torquin coming upon the road with a captive knight. He 
advanced, and challenged him. The other gallantly accepted the challenge, defying him and all 
his fellowship of the Round Table. They fought. The encounter lasted no less than four hours. 
Lancelot at last slew his antagonist, took the keys of his castle, and released all the prisoners within 
it, who instantly repaired to the armourv there, and furnished themselves completely. 



idolatry. 



Countp IJalntmt of itanrastcr, 35 

ton'. But the preponderance of evidence is in favour of the more generally recog- chap 

nized limits; namely, that the Humber and the Mersey to the south, and the Eden L_ 

and the T}Tie to the north, formed the Northumbrian boundary; and that when tliis 
kingdom was thvidcd, the kingdom of Deira consisted of the counties of Lancaster, 
York, Westmoreland, Cumberland, and Durham, precisely the ancient Brigantine 
limits, wlule Bernicia comprehended Northumberland and the south of Scotland, 
between the Tweed and the Frith of Forth. 

Tlie system of government established by our Saxon ancestors had in it the germ of Saxon 
freedom, if it did not always exhibit the fruits. In religion they were idolaters, and when 
they settled in Britain, their idols, altars, and temples soon overspread the country. 
They had a god for every day in the week. Tlior, or Tlmr, represented Tluirsday ; 
Woden confeiTed his name on Wechiesday ; Frisco presided over Friday; Seater over 
Saturday; and Tuyse, the tutelar god of the Dutch, conferred his name on Tuesday. 
The attributes of the first four of these deities corresponded with those of the Roman 
deities, Jupiter, Mars, Venus, and Saturn ; Tuyse had no parallel in the pantheon, 
but the Saxons had their Ermenseni, who, like Mercury, was the bestower of yai ; 
and Heile, a sort of Esculapius, the preserver and restorer of health. Besides these 
gods, the Saxons worsliipped the sun and the moon, who each conferred a name on 
one of the days of the week ; Sunnan on Sunday, and Monan on Monday. The people 
worsliipped the statiies of these gods. Thor the supreme was seated on a throne, 
and on either side of bun stood Woden and Frisco. Thor, according to the pre- 
vailing superstition, bore rule in the air, and governed the thunder, the lightning, 
ajid the A\'inds ; he likewise du'ected the weather, and regulated the seasons, giving 
plenty or inflicting famine at Ms will. Woden made war, and ministered rigour 
against enemies ; wlule Frisco bestowed upon mortals peace and pleasure. So 
gross was the Saxon superstition, and so strong their incentives to war, that they 
believed, if they obtained the favour of Woden by theu* valour, they should be 
admitted after death into liis hall, and, reposing on couches, should satiate themselves 
with ale from the skiUls of theu* enemies, whom they had slain in battle ! Tliis beve- 
rage was iu high esteem amongst them ; and Foster, to whom they sacrificed in the 
month of April, gave the name to Easter, by Avliich the festival of the resuiTection is 
designated in the Christian system. Tlie Saxon women were not allowed to contract a 
second marriage, and a sunilar restriction applied to the men, except those in elevated 
stations who were childless; for, amongst such, " to be without children was to be 
without reputation." The most dismal feature of their superstition was the custom 
which they had in war, after a successful enterprise, of selecting by lot, and sacri- 
ficing, one-tenth of their captives to their sanguinary gods.* In tliis spirit they 

* Sid. ApoU.Epist.vi.l. 8. 

f2 



36 Cfte W^tov}] of ti)t 

CHAP, offered human sacrifices, to obtain success in battle; and Herald, a poet of 

^ • tiiat name, offered up on tlie altar two of liis sons to his idols, tliat he might 

obtain a storm, to scatter and to destroy the Danish anuada, which had sailed 

against him! 

Christia- Before the arrival of the Saxons, Clmstiaiiity had taken root in England, and 

dll^ed"'™ spread its heaUiig branches over the whole laud, recommending itself even to the 

Roman legionaries ; but the invasion of the Saxon infidels for a time obscured, if it 

did not extinguish, the liglit of the gospel in Britain; and both Gildas and Bede 

concur in representing the Saxons, at that period, as a nation " odious both to God 

and man,"* the subverters of jUtars, and the enemies of the priesthood. 

Before Gregory, surnamed the Great, had attained the pontifical chaii-, he formed 
the pious design of imdertaking the conversion of the Saxon Britons. Observing in 
the market-place, at Rome, a number of Saxon youths exposed to sale, whom the 
Roman merchants in their trading voyages had bought from theii- British parents, 
and being struck with theu- beauty, he inquired to what country they belonged, 
and was told they were Angles, from the kingdom of Deu-a. Moved by the same 
spirit that now actuates so many of the people of England towards the heathen 
nations, he determined liimself to undertake a mission to Britain, to convert the 
heathen of that country .f Tlie popidai* favour of the monk disinclined the people 
to allow him to be exposed to so much danger in person ; but no sooner had he 
assumed the purple, than he resolved to fulfil liis benevolent design towards the 
Britons, and he pitched upon two Roman monks, Augustine and Paulinus, to 
preach the gospel in that island. 

* Gildas Brit. Epist. xxiii. Bede 1. i. 22. 
f Die quadam cum advenientibus nuper mercatoribus multa venatia in forum fuissent rollata, 
multique ad emendum confluxissent, et ipsum Gregorium inter alios advenisse, ac vidisse inter alia 
pueros venales positos, candidi corporis, ac venusti vultus, capilloruni quoque forma egregia. Quos 
cum aspiceret, interrogavit, ut aiunt, de qua regione vel ten-a essent allati ? dictumque est quod de 
Britannia insula, cujus incolse talis essent aspectus. Rursus interrogavit utrum iidem insulani, 
Christiani ; an paganis adhuc erroribus essent implicati? Dictumque est, quod essent pagani. At 
ille intimo ex corde longa trahens suspiria, Heu proh dolor; inquit, quod tam lucidi vultus homines 
tenebrarum auctor possidet, tantaque giatia frontis conspicui mentem ab interna gratia vacuam 
gestant ! Rursus ergo interrogavit, quod esset vocabulum gentis illius ? Responsum est quod Angli 
vocarentur. At ille bene inquit, — Nam et angelicam habent faciem, et tales angelorum in coelis decet 
esse coheredes. Quod, ait, habet nomen ipsa provincia, de qua isti sunt allati ? Responsum est, 
quod Deiri vocarentur iidem provinciales. At ille bene inquit, Deiri de ira eruti, et ad misericordiam 
Christi vocati. Rex provinciee illius quomodo vocatur ? Responsum est, quod Elle diceretur. At 
ille alludens ad nomen, ait. Alleluia laiidem Dei creatoris illis in pavtibus oportet cantari. — Bede, 
lib. ii. cap. 1. 



Count); |3nlatiuc of JCanragtfr 37 

lu the yeai- 596, Augustine, at the head of about lorty niissiouaiies, embarked chap. 
from Italy, and landed in the Isle of Thanet. Their amval was immediately " 
mmounced to Ethelbert, king of Kent. Ethelbert had married Bertha, the daughter Missiona- 
of Caribert, Idng of Paris; and, as a condition of tliis alliance, he had stipulated that liritahi. 
the prmcess should enjoy the free exercise of her religion, which was Christian. The 
exemplary conduct of the queen had prepossessed Ethelbert in favour of the Chiistian 
religion, and thus paved the way for the missionaries. On hearing of then- anival, 
he invited them to Canterbury, his capital, and assigned them habitations in that 
city. Theu" holy doctrines were recommended by their pious lives ; and thek blissful 
views beyond the grave so much gained upon the king and upon his subjects, that 
they all, as with one accord, received the faith of the Cross. In 604 the neighbouring 
East Saxons were proselytized; in 627 the East Angles adopted the Christian faith; 
and in the following year the example extended to Mercia. Thus the flame spread 
from kingdom to kingdom, till the whole heptarchy had become Chiistian. Edwin, 
the king of Northumbria, one of the best and the wisest of the Saxon sovereigns, convev- 
having manied Ethelburga, a Christian piincess, received PauUnus inth distin- Nonhum^ 
guished favour ; and in the year 627 he was consecrated archbishop of the Northima- 
brians. Not satisfied with his own reflections, and vnth reasoning in private with liis 
ministers on the subject, Edwin convened all liis nobility, counsellors, and friends, 
to examine the gi'ounds of both religions, the Christian and the Pagan, in a solemn 
assembly held at York. This memorable convocation having assembled, the king 
announced the object of the meeting. The coifi, or chief pontitf, of Northumbria, 
was heard first in favour of paganism ; but the tenor of liis argument was more 
favourable to the Christian faith than to liis own ; and he thd not hesitate, in conclu- 
sion, to award to it the preference. He was followed by one of the Saxon barons, 
who strongly condemned the general system of heathenism, for keeping mankind in 
a state of darkness, shewing them neither what had preceded nor what was to follow 
the present state of being. In theii- views the court generally concun-ed, and the 
heathen pontiff', if he any longer was entitled to th.at reproach, requested that 
PaiUinus would explain to the assembly the nature of the religion he professed, and 
the attributes of the God he worsliipped. The missionary spoke with liis usual fervour. 
Conviction flashed more sti-ongly than before upon the whole assembly. The king 
openly declared liimself a believer, and the cause of Christianity had a solemn and 
signal triumph. After the assembly had broken up, the pontiff", with the zeal of a 
proselyte, mounted a war-horse, and rode to Godmundin Gaham, in the East Riding Destnu- 
of YorksJm-e, where stood the great Northumbrian temple of pagan worship, laid out heathen' 
in vaiious courts, enclosed with several walls, containing witliin it many altai-s and '^'"'''^" 
idols, and attended by the first personages of the priesthood. Having cast a javelin 






38 



Win Sjistoii) of t])t 



CHAP. 
II. 



Preaching 
of Pauli- 
nus io 
Lanca- 
shire. 



Pfstora- 
tton of 
churches. 



Lanca- 
shire 
castles. 



at the principal iiiol, he commanded that those around liim should he tlu'own down, 
and the temple consigned to the flames.* Edwin now embraced the Christian religion, 
\vitli liis whole court ; and on Easter Sunday, in the year 627, the king and liis 
nobles were all baptized at York. Tlie gi-eat body of the people followed the 
example of their sovereign and his barons, and in one day 10,000 persons were bap- 
tized by Paulinus m the river Swale, since designated the Northumbrian Jordan. 
Christianity now became the prevailing religion. Tlie people of Lancasliire, 
like those of Yorkshire, embraced the ti'ue religion. The venerable Paulinus was 
indefatigable here, in the cUscharge of the duties of liis mission ; and the waters 
of the Ribble, as well as those of the Swale, were resorted to for the baptism of 
his converts. From that period to the present, Christianity has continued to main- 
tain its ascendency in the northern parts of Britain; and in 678 the South Saxons, 
who were the last of the states to bow down to idols, discarded their superstitious, 
and became the wor.shippers of the only true God. Paulinus was consecrated fii'st 
archbishop of York, which dignity he enjoyed " nineteen winters, two months, and 
twenty-one days, when he died, in the year 644." So states the Saxon Clu-onicle, but 
there is here an evident error, as his elevation could not take place earlier than the 
year 627, when Edwin was converted to Clu-istianity. 

The British chuixhes, wliich the Saxons had not demolished, had fallen into 
decay : but they were now repaired, and the heathen temples were many of them 
converted into places of Christian worship, with appropiiate dedications ; and the 
Saxon churches in London, York, and Manchester, were distinguished by the 
names of St. Paul, St. Peter, and St. Maiy. Tlie feasts of dedication were insti- 
tuted to preserve the memory of the consecration of the churches ; and these annual 
festivals, which commenced in the evening preceding the celebration of the dedication, 
were called church wakes, which have gi'adually assumed a secular chai-acter, and 
are now ranked amongst the village festivals of Lancashii'e. 

Coeval Anth the churches, a number of castles were also erected, or re-etlified ; 
and it is conjectured, that not fewer than twelve considerable ones arose at the south 
of the Ribble, Wall-ey, Wal-ton, Cliild-wall, and Win-wick, Black-stone, Seph-ton, 
Stan-dish, and Pcn-wortham,'|" Wig-an, Roch-dale, Middle-ton, and Beiry. These 
were, probably, the seats of twelve Saxon chiefs, before the institution of parishes ; 
and, therefore, the seats of as many parochial churches.]; Edwin sutAived his 
conversion only six yeai's, having faUen in a sanguinary battle, fought with Penda. 
the Mercian, and Cadwallan, tlie Cambrian, at Hethfield, where his whole army was 
put to the sword. 



Bede, lib. ii. cap. 14. t Domesday Book, fo. 270. j Bede, lib. ii. cap. 9. 



s. 



Countj) |3al«itine of 3Lanradtn% 30 

Tlie ancient kingdom of Northumberland revived, on the death of Edwin, in the chap. 
. ..... . II. 

person of Oswald, his successor ; of which king it is said, that though his power 



extended to three kingdoms, " he was lowly to all, gi'acious to the poor, and houn- Oswald, 
tiful to strangers." Under the force of his anns, Cadwallan fell, and the flower 
of liis arniv perished. The victories of Oswald served but to inllanie the resentment of 
the pagan Penda, king of Mercia, who fought against him, and slew liini at Miifield, 
in the West Ritling of Yorkshii-e, according to the Saxon Clnonicles,* or, according 
to the venerable Bede, at WiuAvick, in the county of Lancaster. For some years, 
the people of Lancashire, Avith the rest of theii" fellow-subjects of the kingdom of 
Deira, had been in a state of constant hostility A\ith their ancient allies and neigh- 
bours, the people of Bernicia ; but by the mild and enlightened rule of Oswald, 
then- differences were reconciled, and they united in allegiance to one sovereign. 

A new era was now opening in the ecclesiastical liistory of this province, the introduc- 
elTects of which were to he felt through a long series of ages, and to influence in no monastic 
small degi'ee the future interests of the nation. Monastic institutions began to ["on's'^nto 
prevail in Northumbria, al)out the middle of the seventh century, under the fostering '''■''^'" 
hand of that distinguished prelate Wiufrid, sole bishop of Northumberland ; and in a 
few years nmnbers of monasteries and nunneries sprung up in Lancasliu'e, and other 
parts of the province. The practice of introducing relics into the chiu'ches belongs 
also to this age, and innumerable were the pilgi'images made to Rome, and to the 
venerable places which had been hallowed by the blood of the martyrs, to collect 
the remains of the saints. By the constitution of the western churches, the 
pope was invested with a patriarchal authority over them; but the Britons 
had hitherto never acknowledged the pontifical jurisdiction. He was now, however, 
requested to confiiin the unmunities of religious houses, which had been previously 
ratified by the king, and Wii-emouth was the first that received the papal 
confirmation. f 

Tlicodore, the archbishop c>f Canterbury, having long seen the necessity for Aich- 
affording to the people some more extensive means of religious instruction, than they AvlnWd. 
at that time possessed, and for dividing such of the bishoprics as were too large for the 
proper cUscharge of the episcopal duties, recommended to the king to convene a 
synod in 678, at which Egfrid and his Saxon barons were present. By tliis august 
assembly it was provided, by an unanimous decision, that as the number of Christians 
was daily increasing, new sees should be erected ; and, as ii" in anticipation of some 
fonnidable opposition, a declaration was appended to the decrees, to the effect, that, 
Avhoever presumed to violate them, should be degraded of his sacerdotal office, and 
excommunicated.| In virtue of these canons, the bishopric of the East Angles was 

* Sax. Chron. A. D. 642. + Bede, lib. i. c. 29. t Bede, lib. iv. c. 5. 



40 0)r ?&!5ttiii) of tf)f 

CHAP. di\-i(led into two, and tlie dominions of the Mercians, wbicli lay beyond the Severn, 
^^' were assi"-ned to the new see of Hereford. Wilfrid still remained the sole bishop 
amono-st the Northumbrians, and liis cUocese reached from the Frith of Forth to the 
Hiunl)er, on the east of the kingdom, and from the Frith of Clyde to the Mersey, on 
the west. No prelate in these early days had aggi-andized the church so much as 
Wilfrid. With influence almost unbounded in all parts of the kingdom, and amongst 
all the upper classes, from the gi-eatest to the humblest of the Saxon barons, he was 
enabled to procure manors and lordships for the erection and endomuents of 
churclies; and in liis time the precedent was first established of alienating the 
demesnes of the crown, to augment the revenues of the cliurch. Resembling, in many 
respects, an archbishop of York of more modern days, (Cardinal Wolsey,) Wilfrid 
was munificent and ostentatious, afTable and accomplished, ambitious and intractable, 
pious but proud. By one of the decrees of the synod, it was directed that the bishop- 
ric of this prelate should be divided into two, Deira and Bernicia, of wliich York 
was to be the capital of one, and Hexliam of the other. 
Refractory The hauglity spiiit of the prelate was wounded by this pai'tition, wliich he did 
AniMd. "^ not hesitate to designate as an unjust spoliation. Repairing to the court, where the 
Idng and the archbishop were sat in council, he required the reason why he had 
been deprived of his income, given by princes for pious uses, without being guilty of 
any offence ? To this inquiry it was replied, that the .synod had charged liim with 
no crime, but that they had, in vulue of their functions, and for the benefit of the 
church, ch^•ided his province, and should adhere to their decision ; on which he 
exclaimed, that " from that decision he appealed for redi-ess to Rome." This threat 
excited the derision of the court, fi'om its novelty and singularity. Wilfrid was not 
slow to execute it. He' appealed to the pope in person ; and his holiness, conceiving 
tliis a fit opportunity for establisliing his patriarchal power in Britain, decreed — 
" That Wilfrid should be restored to the possession of the bishopric he had before ; 
that such coadjutors as he should choose, with the consent of a synod, should be 
ordained by the archbishop ; that those who had been made bishops in his absence 
should be expelled ; and that every person who should oppose tliis sentence should be 
degraded, if in holy orders, but, if lapnen, or even kings, that they should be 
excommimicated." 

Tliis insolent mandate was resented by the king in full convocation, who dii-ected 
that the property of the archbishop should be confiscated, and his person committed 
to prison. In the course of these proceeduigs, a convocation of all the bishops in 
England was summoned ; the place of meeting was the plains of Nesterfield, between 
Wada and Wathe, in the county of York, wiiere tents were pitched for holding tlie 
assembly. Tlie archbishop of Canterbury came in person, to preside ; the king was 



Countj) ^3alntmt of ilanrasftcr, 41 

present in council ; and the abbots assisted in gi-eat numbers. Wilfrid still refused chap. 
to subscribe the canons, and asked the king and the abbots, how they dared to ' 

oppose the papal power, and to prefer the decrees of Theodore to those of popes 
Agatho, Benedict, and Sergius. The convocation broke up, after a decree of 
inhibition against WUfrid, by wliich he was deprived of his ecclesiastical functions, 
and obliged to seek his personal safety in Mercia. After a contest, continued for twenty- 
seven years, the quarrel was terminated in a compromise, under the mediation of 
Eliieda, the abbess, and daughter of Elfrid, by which Wilfrid was reinstated m the 
see of Hexham ; but the Saxon bishops refused to admit the authority of the Roman 
pontiff in any affairs relating to the British churches. When the angi-y passions excited Papai au- 
by this conti'oversy had subsided, the pontifical claim was again advanced, and, in acknd^- 
the middle of the eighth century, the Roman see was authoritatively declared, in the '"^^^'^■ 
canons of Northumbria, to be the couit of appeal in all ecclesiastical differences. 

Although the Britons had lived secui'ely in Furness, relying upon the fortifica- xransfer- 
tions with which nature had guarded them, nothing proved uuj)reguable to the Saxon the people 
conquerors ; for it appears, that in the early jiai't of the reign of Egfrid, king of ness.""^ 
Northumberland, that monaixh " gave St. Cuthbert the land called Carthmell, 
and all the Britons in it."* 

It is recorded, in the Saxon Clu'onicle, that in the year 685 there was in Britain Rain of 
a bloody rain, and milk and butter were turned to blood. A similai' phenomenon 
is mentioned iir 734 ; and this year the moon was as if /tef were covered with blood. 
Bede, or Beda, a native of our kingdom of Northumbria, died tliis latter year, after venerable 
a life of unparalleled literary labours. This venerable ecclesiastic, who was born in 
the year 672,|; ranks the first in the number of eai-ly British historians, though his 
works are defaced by legendary tales, which serve to shew that Ms mind was not free 
from the superstitions Avliich for so many ages afterwards prevailed in the county of 
Lancaster, to an extent scarcely equalled in any other part of the kingdom. In the 
time of Bede, but in what exact year is not ascertained, the ecclesiastical divisions of 
parishes were first establishetl, and before the middle of the seventh century, and 
witliin twenty-five years from the conversion of the Saxon inhabitants of Northiun- 
bria to the Christian faith, churches were erected in the various districts of this 
county, to which ministers were appointed to dispense the ordinances of religion. 

The Saxon heptarchy was now di'aAving towards its tennination. Ambition 
agitated all parts of the country by its conflicts, and the face of nature seemed to 
sympatliize mth the general disorder. Dreadful forewarnings came over Lancashire 

* Camden's Brit. vol. iii. p. 380. 
t In the Saxon, as in most of the Oriental languages, the moon is masculine, and the sun feminine. 
t At Wearmouth, in the bishopric of Durham. 
VOL. I. G 



Bede. 



42 



€i)t W^tov\! of tl)e 



CHAP. 
II. 



InTasion 
of the 
Danes. 

Battle at 
Whalley. 



Dissolu- 
tion of the 
heptar- 
chy 



A.D. 800. 



and the otlier parts of the land of the Nortliuiubnans,* which excited general teiTor 
ainono-st the people. " Immense sheets of light were seen rusliing through the air, 
(qu. the aurora borealis,) accompanied by wliiilwinds, and fiery di-agons fl,>™g 
across the finuament. These tremendous tokens were soon followed by a great 
famine ; and not long after, on the sixth day before the ides of January, iu the same 
year, the ban-owing of heathen-men (the Danes) made lamentable havock in the 
chiu-ch of God." In the year 798, adds the Saxon Chronicle, " a severe battle was 
fought in the Northumbrian territory during Lent, on the fourth day before the 
nones of April, at Wlialleyj wherein Alric, the son of Herbert, was slain, and many 
others with liim." The sentence is cm-ious, as being the fii-st time in which the 
palish of Whalley is mentioned in ci^il history, and the precise tenns are these : — 

" An. DCCXCVIII. l^ep pa?j- mycel jepeoht on Nop^-hymbpa lanbe. on 
Lenjtene. on iv. non. App. xt Jipeallasje. "] Jiasp man opj^loh Alpic. fJeapb- 
bephcej- j-unu. *j o^pe mc'enije mib him" :• 

The version of Simeon of Durham, of the same event, is more explanatory : — 

" A. D. 798. Coujuratione facta ab interfectoribus Ethelrech regis, Wada Dux in 
iUa conjm'atione cum iUis belliun inivit conti'a Eardwlphum regem, in loco qui appel- 
latur ab AngHs BiUaugahoh, juxta Walalega, et ex utraque parte plmimis interfectis. 
Wada Dux cum suis in fagum versus est."t 

Wliile these wai's were raging in the north, Egbert, tlie son of Alcmund, king of 
Wessex, was preparing himself, under the tuition of Charlemagne, in liis wars 
against the Avarians and the Huus, on the banks of the Danube, to overrun all the 
kingdoms of the heptarchy, and to appropriate them to the pui-poses of his own 
ambition. On his return to England, having mounted the throne of his ancestors, 
he penetrated successively into Devouslui-e and Cornwall, and ravaged the country 
li'om east to west. Beornwulf, the usurper of the kingdom of INIercia, alanned by 
the progi'ess of Egbert's anus, and aspuing himself to general dominion, attacked 
the West Saxon prince, and the conflict was brought to an issue at Wilton. After 
a sanguinary battle, fought with great obstinacy, the laurel of victory was awarded 
to the pupU of Chaiiemagne, and Beormvull" fled in confusion from the field. 
Mercia was still further weakened by a long and sanguinary war with the East 



* Saxon Chron. A.D. 793. 
t Dr. Whitaker supposes Billange, or Billinge, to have been at that time the name of the whole 
ridge, extending from the mountain neai Blackburn, now bearing that appellation, to Whalley. 
Billangaton will, on that supposition, be the orthography of Billington, and Billongahah, or the low 
hill by Billinge, will leave, after cutting off the first syllable, the modern village of Langho. Of this 
great battle there are, however, no remains, unless a large tumulus near Hacking Hall, and in the 
immediate vicinity of Langho, be supposed to cover the remains of Alric, or some other chieftain 
amongst the slain. — History of Whallev, Book I. cap. iii. p. 31. 



Counti.) ^3nlntinr of annrasitn-, 43 

Angliaus ; and when the two usurpers, Beornwulf and Ludecan, had destroyed then- chap. 
military strength, Eghert invaded Mercia,* and compelled Wiglaf, who had just ' 

ascended the tlu'one of that (hstracted kingdom, to take refuge in the monastery of 
Croyland. Through the intercession of the venerable abbot, the ditference between 
the two kings was reconciled, but it was that species of accoimnodation wliich 
corn-age and strength dictate to compromising weakness : the conditions were, that 
Wiglaf shoiUd still occupy the tin-one of Mercia, but that it should be in the character 
of the tributary vassal of Wessex. The balance of power bemg lost, the subversion 
of East AngUa was easily effected ; and Kent and Essex soon sunk mto the general 
vortex. After the conquest of Mercia, Egbert marched against Eanred, Idng of the 
Northiunbrians ; but this prince, feeling that resistance was hopeless, acknowledged 
liis superiority, and the M^hole Anglo-Saxon heptarchy merged in the kingdom 
of Wessex, under the sway of Egbert, the founder of the feudal system in Eng- 
land.! 

Before Egbert ascended the throne, the north-men had commenced theii- attacks 
upon Britain; and so eai-ly as the year 787 a small expetUtion landed at Teign- 
mouth, in Devoushii-e. The invaders were princi2)ally from the promontory of 
Denmark, the Camhrica Chersonesus of Tacitus, " at the utmost end of natui-e, 
and of the world," where, according to the astronomy of the times, it was supposed 
that the sun was heard daily at its rising and setting in the sea. In 794, a 
more formidable ai-mament effected a landing in Britain, and spread devastation 
amongst the Northumbrians, plundering the monastery of Idng Everth, at the 
entrance to the Wear. The resistance made to the invaders was so determined, 
that some of their leaders were* slain ; several of their sliips were shattered by 
the \dolence of a stoi-m ; and such of the invaders as escaped the fury of the 
waves, fell by the sword. The folloAraig year, Erdulf, the viceroy or king of Northum- 
bria, a.scended the throne, and was consecrated in the capital of York.]; Fom- yeai-s a.d. soo. 
afterwards, Northumbria was again subjected to a Danish visitation, and the imme- 
diate cause of this invasion is thus naiTated by our early lustorians : Osbert, the 
viceroy of Ethelred, having established his court and residence at York, returning 
one day from hunting, called at the mansion of Earl Bruern Bocard, guarchan of Cause of 
the sea-coast against the u'ruptions of the Danes. The earl happening to be from invasion, 
home, his lady, to whose beauty was joined the most engaging behaviour, enter- 
tained her guest with the respect and attention due to his quahty. Osbert, overcome 
by the sight of so much beauty, took the lady into an inner chamber, under pretence 
of a secret conference, in which the advancement of her lord and herself was 

* Ingulfus Chron. Petr. xii. t Kuerden's MS. in the Manchester College Library, 4to. p. 229. 

: Sax. Chron. 
g2 



44 mn Itgtorj) of ti)t 



CHAP, concerned. Tlie base designs of the viceroy soon became manifest, when, not being 
. 1 able to effect his piii-pose by persuasion, he resorted to violence, and triumphed over 



her chastity. Ou the entrance of her lord, she coromunicated to liim the giievous 
■wi'onf she had suffered, and so imbued his muid with resentment against the perfi- 
dious representative of the monarch, that he fu'st repaired to liis court at York, to 
complain of liis wi'ongs, and then invited Godericke, the long of Deimiark, to take 
possession of the country. Godericke received this invitation with great alacrity, 
and despatched a strong annament, under lugwar and Hubba, to Britahi. On their 
arrival in Nortluimbria, on the coast of Houlderness, the Danes fell upon the 
inhabitants mth the utmost fury, and massacred all before them, without regai'd to 
age, sex, or condition. Marching on to York, they took possession of that city, and 
slew Osbert, the tyi'ant, by whose lust his country had been involved in so much 
ruin. Emboldened by then- success in the north, they advanced into Norfolk, and 
demanded of Edmund, the king of the West Saxons, that he should sm-render liis 
throne. With this insolent summons he refused to comply ; on wliich a bloody 
battle ensued, at Thetford, which ended in the overthrow of the Saxons, and in the 
execution of their king, who, because he would not abjure the Cluistian faith for the 
eiTors of paganism, was bound to a stake, and shot by the arrows of the Danish 
invaders.* 
state of The situation of Lancaslnre, and of the other parts of Northumbria, must now have 

siiiie. been most deplorable : for forty years the war raged amongst them with various success ; 
and Ella, the governor, like Osbert, fell by the sword. Ethelred for a wliile kept the 
field, but at length liis life and liis power fell before the superior discipline of the 
Danes. In the midst of these sanguinary conflicts, the clergy, resting then- claim on 
the Jewish law, insisted that a tenth of tlie produce of the land belonged to the 
priesthood under the Christian cUspensation : this claim, though long resisted, was 
at length admitted by Ethelwulf, for the honour of God, and for his own everlasting 
salvation;! and it was further agi-eed, that the revenues of the chmxh should be 
exempt from the burdens of the state. 
Excesses The Daucs, in the fury of their warfai'e, laid waste every town and place that 

Danes. resisted their sway; but tlieu- especial fury was dii-ected against rehgious houses, 
and, amongst others, against Brachiey, Crowland, Peterborough, Ely, and Colding 
Low,J iu the last of wliich monasteries, Lady Ebbe and her nuns, to avoid the savage 
pollution of the spoilers, cut off then- own noses and upper lips, lest the attraction of 
theii- beauty should prove the bane of theii- honour. The exactions of the Danes 

* Tlie Danes, like the original Saxons, were idolaters ; their principal god was Thur, and to him 
they offered human sacrifices. 

t Saxon Chron. A.D. 854. J Stow. 



CotintP |3nlalinf of SLancasiUi-, 45 

made upon the impoverished people, advanced from £10,000 to £40,000 a year, chap. 
wliicli sum in those days was considered of enormous amount. 



Lancashii'e, and, no douht, other parts of the island, were this year iisited by one a.d. scq. 
of the most ckeadlul calamities to which mankind are subject — a severe famine, and, 
its inevitable consequence, a mortality of cattle and of the human race.* The Famine. 
equalizing operations of commerce, by which the failure of the crops in one country 
is supplied by the superabundance of another, were then scarcely known in Britain. 
Agiicultiu'e was but imperfectly understood, and almost every district of the same 
kingdom was left to depend upon its own precarious resources. The contest between 
the Anglo-Saxons and the Danes, in this and the neighhouiing counties, had with- 
di-a*vn the husbandman from his employment, and, having neglected to sow, of 
com'se he had nothing to reap. The consequence was, that not only many parts 
of these fair- regions mom-ned in want, but they were absolutely depopulated. Merci- 
less and slow-consuming famine devoured its wi-etched victims, and the small shai'e, 
wliich might have fallen to the native inhabitants, was consumed by the ruthless 
Danes, who, from theu- principal station in York, spread like swamis of locusts 
across the island, from sea to sea. 

Both Northiunbria and East Anglia had now fallen under the sanguinary sword 
of the Danish invaders, who began to aspire to the conquest of the whole island. 
Mercia next became the object of theii- attack, and Ethelred, king of Wessex, fell in a 
battle fought with the invaders at Merton. Alfred was now advanced to the tlu-one of Reign of 

. ^^j.. Alfred the 

Wessex ; but within a month of liis elevation, he was attacked and defeated at VVilton.-t" Great. 
A new swarm of the Danes soon after landed, under three of their princes, Guthrum, 
Oscital, and Amund, and proceeded into Northimabria, the favomite seat of their 
power. The husbandmen became the slaves of the invaders, and the thanes were 
made subservient to then- purposes of avarice and aggi'andizement. The noble spiiit Driven 
of Alfred bent beneath the storm, and, fuiding no secmity upon the throne, he with- throne. 
drew fi-om his elevated station, and took up liis residence m an obscui'e part of the 
kingdom, as a guest in the family of a swineherd. 

Such was liis distress, that he knew not where to turn — such his poverty, that 
he had no subsistence but that which he obtained by plunder, or by fishing and 
hunting. He wandered about in woods and marshes — sometimes m the greatest 
penury, sometimes with a few companions, sometimes alone. He had neither terri- 
tory, nor, for a time, the hope of regaining it. His occupation, while in the swine- 
herd's house, was of the most humble kind; and Ms historian relates, that one 
Sunday, when the peasant had led his herd to their usual pasture, his wife prepared 
her fire to make the rustic bread against liis return. Other domestic business 
* Asser, 20. t Saxon Chron. A. D. 871. 



46 



€i)t %}i^tov^ of tin 



CHAP. 
II. 



Re-as- 
cends the 
throne. 



requirino- lier attention, she committed her cakes to the care of the king, who sat 
furhisliino- his bow and arrow, intending to use them for tlie acquisition of food.* 
Alfred on Avhose mind reflections the most interesting must have been continually 
pressino-, forgot his allotted task, and suffered the bread to burn. The woman, 
irritated by liis neglect, poured out her invectives upon liim, tellhig liim that he had 
a o-reat capacity for food, but was too idle to prevent it from being spoiled. Alfred's 
lofty spirit calmly brooked this angiy reproof, and he applied liimself in future 
with more attention to the new and homely labour. The hospitable rustic, notwith- 
stancHiig the asperity of his wife's temper, obtained the favour of the kmg. By liis 
advice he applied liimself to learning; and Alfred, on liis return to power, acknow- 
ledged the obligation he had received, by elevating his host from the shepherd's crook 
to tlie bishop's crosier, and afterwards made him bishop of Winchester.f Tlie humi- 
liation of Alfred disciplined liis temper, purified his heart, and sened to enlighten 
liis already profound understanduig. His measures to regain his throne, and to 
suiTound it with its only unpregnable bulwark, the love and confidence of the people, 
Avere judicious and exemplary. An auspicious incident at tliis juncture occurred, to 
fortify liis courage; for having, in the assiuned character of a minstrel, observed the 
conduct of the Danes in their encampments, he suddenly assembled a strong force, and 
mflicted a signal overthrow upon the invaders, at EdcHngton, where the Danes were 
encamped. With a generosity equal to his bravery, he gave them their lives, on the 
condition that they should, through their leader Guthi-um, exchange paganism for 
Christianity. Guthrum was permitted, vfith liis follofl^ers, to colonize East Anglia, 
and the Northmnbrians were afterwards put under liis rule. Tlie sovereignty of 
Mercia, on the defeat of the Danes, fell into the power of Alfred, and, without avow- 
edly incorporating it Avith Wessex, he discontinued its regal honours, and constituted 
Ethelred his military commander, to whom he afterwards married liis daughter 
Ethelfleda. To fortify liis Idngdom against hostile attacks, he rebuilt the cities and 
castles which had been destroyed by the invaders ; but liis pruicipal care was to 
construct a navy for the protection of the coast, and he has ever been considered as 
the founder of the English marine. In Northumbria the Danes continued to govern 
till towards the close of Alfred's reign, when Anai'awd abandoned liis power in that 
kingdom, and besought the friendsliip of Alfred. The king received him hospitably ; 
and, to confirm the good intentions that he had formed in favour of the Clmstian 
faith, he became his sponsor in baptism, and Ids friend in all the relations of life. 
The state of learning in Lancasliire, in the ninth century, may be inferred from 
Alfred's OAvn declaration — " When I took the Idngdom," said he, " there were very 
few on the south side of the Humber, the most unproved pai't of England, who 
* Asser, 30. t Malmsb. p. 242. 



Counti) |)nlatinr of Stancasitcr. 47 

could uuclerstancl their daily prayers in English, or translate a letter from the Latin, chap. 
I think there were not many beyond the Huniber ; they Avere so few, that I cannot ' 



indeed recollect one single instance on the south of the Thames, Avhen I took the state of 
kingdom."* The encouragement given to learning by tliis enlightened and henevo- irLanc^a- 
lent monarch was liiglily exemplary. His o\vn example served as a stimulus to the in'the gtii 
exertions of liis courtiers; and, strange as it may appear, the king instituted schools "'°'""'^' 
for the instruction of liis nobles in readuig and MTiting, much after the model of the institu- 
Lancasterian schools of the present day. His maxuns have descended to posterity. Alfred. 
It is recorded of him, that he chvided his time into three portions : one third of the 
day and night he gave to sleep and refreslunent ; one tliird to the affairs of his king- 
dom ; and one tliii'd to those duties wliich he considered as sacred.f To the mecha- 
nical arts he was a munificent patron. He invited, from all quarters, industrious and 
ingenious foreigners. He introduced and encouraged manufactures of all Idnds, 
and prompted men of acti^dty to betake themselves to navigation, to push conmierce 
into the most remote countries, and to acquire riches l)y propagatuig mdustry 
amongst their fellow-citizens. Mechanics were then so little known, that Alfred had 
)iot the aid either of dials, or of clocks or watches, to measure the progress of time. 
To supply tliis defect, he resorted to a simple exiJecHent ; liis chaplains, by liis orders, 
procured wax, and he ordered seventy-two denarii of it to be made into six equal 
candles, each candle to be twelve inches long, wliich were separately marked. These 
candles, successively used, lasted through the whole twenty-four hours ; and, of course, 
every inch marked the lapse of twenty minutes ; but sometunes the wind rusliuig in 
tlu'ongh the windows and doors, and the numerous chinks of the royal palace walls, 
or the slender covering of the tents, consumed the candles with undue celerity. To 
cure tliis catI, wliich confused liis calculation, he thought, skilfully and wisely, says 
Asser, " consilioque artificiose atque sapienter invento;" and the result of his 
skill and wisdom was the invention of lanterns. He found that white horn, when 
cut thin, became transparent, lilce glass,| and Avith this and wood, a case for a candle 
was admuably made. 

A passage in the life of Alfred serves to shew that the Christian religion had Chris- 
obtained a footing in IntUa as early as the ninth century; for among other of his India!'" 
public acts it is recorded, that he sent an embassy to the shrine of St. Thomas, in the 
gi-eat eastern peninsula, by Suithelm, the bishop of Shii-eburn ;§ and it is also ascer- 
tained that the light of the gospel had begun to sliine in China at a period equally 
early. The invasion of the Danes, and their predatory depredations, particularly in 
the county of Lancaster, and the other parts of the Idngdom of Northumbria, had 
ahnost destroyed the ancient poHce of the kingdom. To remedy tliis chsorganized 

* Alfred's Preface, p. 82. f Malmsb. p. 4.5. X Asser, p. 67. ^ Flor. Wig. 320. 



48 



m)t l)i^tov\> of t\)t 



CHAP. 

II. 



Division 
oftlie 
kingdom 
into Coun- 
ties. 



state of society, Alfred changed the ancient provisional diAdsions of England into 
counties and the distribution of these into hundreds, which were again suljdivided 
into tenths or titliings. Under these divisions the population of the country has been 
ever since ai'ranged ; and every person was du'ected to belong to some hundi'ed or 
tenth while every huntbed and tenth became pledged to the preservation of the public 
peace and security in their district, and were made answerable for the conduct of their 
several inhabitants. In consequence of this arrangement, every criminal accused 
was sure to be apprehended; and it may be supposed that in this part of the kingdom 
the mmiber of the lawless was at fu-st very large. A short period sufficed greatly to 
reduce their number ; and before the termination of the reign of Alfred, it was exult- 
ino-ly maintained, that a pair of golden bracelets might be exposed upon the liighway, 
or in the most populous of om- cities, without any danger of being stolen. So rigid 
and efficient a measure of police might comport with the state of society in Anglo- 
Saxon times, but it would be wholly incompatible 'tvith the freedom of locomotion in 
modern days, when, by the rapicHty of our movements, and the frequent change of 
place and residence, no registration would be sufficient to ascertain to what tithing 
we belonged. 

in the division of Britain into counties, the south-western portion of the Brigan- 
tine territory of the Romans, and of the Northumbrian kingdom of the Saxons, was 
named Loncaj-tep|-cype, or Lonkeshire, from the capital Loncaster, the castle 
on the Lone, or Luue. South Lancashire was thrided into six hundreds, 
wliich have since undergone some alteration. The designation of each of these 
hundreds was derived from the principal place in the division, in the reign of 
Alfred ; and those names now serve to indicate the mutations to wliich places as well 
as persons are exposed. The Lancaslui-e liunckeds of our Saxon ancestors were 
Derbei, Newtone, Walmtune (Warrington), Blackeburne, Salford, and Lailand. 
Of the names of the Lancashii-e titliings we have no distinct remains; but the nearest 
approximation to them may be found in each ten of our modern townships. Tlie 
Wittenagemot, or Assembly of Wise-men, as the name of the Anglo-Saxon parlia- 
ment imports, was an institution earlier than the days of Alii-ed ; and the earls, the 
prelates, the aldennen, and the great landed proprietors, of which that body consisted, 
were called upon to concur in these early reforms. 

Hitherto the administration of justice was confided to a species of provisional 
prefects, but in the time of Alfred the functions of these officers were divided into 
those of judges and sheriffs. The institution of juries belongs to the same period; 
and so tenacious was Alfred of the faithful discharge of the judicial office in penal 
judgments, that he caused forty-four justices to be executed as murderers, because 
they had exceeded their duty, and condemned to death unjustly the persons they 



Counti) ^Jalntint of ilancagUr* 49 

judged.* Alfred compiled a code of laws, (the Dom-Boc) wliich he enlarged with chap. 
his own hand, and of which he lumself says : 



" lt?rnrr I, Uing ^Ifrrti. gatftrrrti ttjrsf togrtftrr. anS romman&rti iiirtny of 
tifou to fir iDiittrn DoUJit luijirf) our forrfatljrrs olisrnifiJ— tl)O0e tofjir!) I lifefft,— 
aria tljosr UJtjiri) I aiO not lifer, fij? ti}e aUOirr of my CiLlttait I ttjrrU) aeitrr. jFor 
J Duret not omtnrr to ert trolun in Uirittng obrr many of mi? oUm, ssincr E 
fenrU) not Urfjat among tfjrm toouia plraer tl)oer UjJjo stjoulU comr aftrr U0. 
JiJut tt)09r totjirl) I mrt Uiiti) ritfjrr of tljrlraiig of mr, mp feinsiman, or of ©ffa, 
feing of iMrrrta, or of iati)rH)rrf)t, tutjo toae tfjr fir^t of tf)r ISnglieJ) U3l)0 
trrrioro fiaptiem— ti)O0r Ujftirf) apprarrtr to mr tfjr justrst— 5 l)abr Jjrrr 
roUrrtrtr, antr aliantionrO tijr otijrre. Cftrn I, aifrrlr, feing of tfjr mxc^t 
5&aions, sljotorrr tl)r0r to all top aciitan, ana tijrp tDrn sain tl)at tljrp lurrr all 
UJilling to oflsrrtir tfjrm." 

Laws of Alfred, yrom Price's MSS. 

Amongst his other legal institutions, it is perfectly cleai- that he had none corre- 
sponding with our Com-t of Chancery, since it appears that he hastened the decision 
of causes, and allowed no delay exceeding fifteen days.f 

Death deprived the world of this most brilliant luminary at the age of Death 
fifty-two years. He was a pattern for kings in the time of extremity; a bright ^.d. ooo 
star in the history of mankind. Living a century after Charlemagne, he was, 
perhaps, a gTeater man, in a cncle happily more limited.^ Power was with liim 
but the servant of his reason, and the instrument of his virtue. Of the many 
humane ti'aits in Ms character, one is mentioned, which serves to show that our 
popidar Lancasliire tradition of the Eagle and Child is of the date of several 
centuries earlier than the time of the De Lathoms : — " One day, as Alfr-ed was Early tra- 

, , , Till' d'tion of 

hunting m a wood, he heard the cry of a httle infant m a ti'ee, and ordered Ins the Eagle 
huntsmen to examine the place. They ascended the branches, and found at the top, 
in an eagle's nest, a beautiful child (kessed in purple, with golden bracelets, the 
marks of nobility, on his arms. The king had liim brought down, and baptized, and 
well educated ; from the accident, he named the foundling Nestingum. His grand- 
son's daughter is stated to have been one of the laches for whom Edgar indulged an 
improper passion." The question here arises, if, for Edgar we may not read 
Oscital, the Danish prince, and thus complete the pai'aUel. 

Though the life of Alfred exhibited a series of indefatigable exertions, both 
bocUly and mental, it was literally a life of disease. The ficus molested him severely 
in liis cliiltlliood.§ " Quod genus infestissimi doloris etiam ab infantia habuit." This, 

* Mirroir des Justices, cap. ii. sec. 3. X Herder's Outlines, p. 245. 

t Mirroir, p. 245. % Asser, p. 4. 

VOL. I. H 



50 



Cf)t W^tov]} of tl)t 



CHAP. 

II. 



The tenth 
century. 



EthelBe- 
<ia, daugh- 
ter of 
Alfred. 



after distressing him many yeai-s, disappeared; but at tlie age of twenty was succeeded 
by another disease, of the most tormenting nature. Its seat was internal and 
iimsible, but its agony Avas incessant. The skill of the Saxon physicians was unable 
to detect its nature, or to alleviate its pain, (probably an internal cancer.) Alfred 
had to endui-e it unrelieved, but, as if born to subdue all (HfEcidties, coi-poreal, 
mental, and political, his activity suffered no interruption in the midst of all this 
bodily affliction; and if any thing can add to the magnanimity of his character, it is 
the consideration, that all liis Airtues were exercised, and all his patriotic deeds 
performed, amidst the spirit-subduing power of almost perpetual agony. 

In the century which succeeded the death of Alfred, there is little to relieve the 
contests of ambition, which so generally prevailed. Lancaslme and the whole 
Northumbrian temtory had, by the clemency of Alfred, become a species of Danish 
colony. There the resident Danes concocted their schemes of ambition and aggi-es- 
sion against the Saxon power; and, upon the shores of Yorksliire and of Lancasliire, 
fresh swarms of invaders effected theii- lanthng, and found succour and support. 
Edward the Elder succeeded to the power of his father; but liis title was disputed by 
Ethelwald, son of king Ethelbert, who established liis head-quarters in York, and 
was joined l)y the Northumbrians in liis rebellion. The insurgents, quitting their 
strong hold in the north, marched hito Kent, where a sanguinary battle ensued, and 
Ethelwald fell in the action, when liis followers sought their safety in flight. 
Unsubdued, though vanquished, the Northumbrians penetrated again into Wessex, 
where they were again defeated, aud pursued with gi'eat slaughter into their own 
country. Following up liis successes, he subdued the two next princes of Northum- 
berland, Reginald and Sidoc, and acquired the dominion of that province. In his 
wai's between the Mersey and the Hmnber, the king was assisted by liis sister 
Ethelfleda, the widow of Ethelbert, earl of Mercia, Avho, after her husband's death, 
had retained the possession of the government of that province. This princess is 
extolled by the early British historians as the wisest lady in Britain, the very emblem 
of her illustrious father, Alfred; and to her munificence the Mercians were indebted 
for the rebuilding of the city of Chester, while her royal brother biult the ancient 
city of Thelwall, on the southern bank of the Mersey, and placed a gan-ison there.* 
The princess, Ethelfleda, who had been reduced to exti'emities in child-birth, 
persisted, that it cUd not become a king's daughter to piu'sue any pleasm-e that 
endangered her life, or interfered with her usefulness, and decHned afterwards all 
chance of a repetition of such danger. The poets, like the historians, were loud in 
her praise ; and Huntingdon, combining the tno characters in the ardour of his 
admiration, has thus celebrated her fame : — 

• Saxon Chron. A.D. 923. 



Counti.) ^aalatmc of Eaitfasttr. 5i 

" O iElfleda potens! O terror virgo virorum ! CHAP. 
Victiix naturtE, nomine ditrna viri ! ' 



Tu quoque splendidior fecit natura puellam, 
Te probitas fecit nomen habere viri. 
Te miitare decet, sed solum nomine, sexus ; 
Tu regina potens, rexque trophea parens. 
Jam nee Ceesarei tantum meruere triumph! : 
Csesare splendidior, virgo, virago, vale !" 

' Jilfleda great, though thou a virgin art, 
Thou strik'st a terror in each manly heart. 
Thou nature dost so conquer and refine, 
Thy virtue makes thee more than masculine. 
A royal changeling thou, only the name ; 
A queen in that, a king in worth and fame : 
The virtues of each sex in thee are found ; 
Farewell, brave dame, than Caesar more renowned." 

Tlie more effectually to maintaiu liis doimuion over the province of Nortlmmbria, 
tlie king collected an army in Mercia, Avliich he ordered to march to Manchester, 
which place he repaired and garrisoned.* 

In the excess of antiquarian disputation, a controversy has arisen, whether, in the The south 
era of the Saxon heptarchy, the country between the Mersey and the Ribble, compre- siiire in 
bending the southern part of Lancashire, was included in the kingdom of Northum- bria,notin 
bria ; and Dr. Wliitaker, with his usual tone of decision, maintains that tliis district, 
under the heptarchy, fonned a portion, not of Northumbria, but of Mercia. Tliis 
ai'gument he rests principally on the authority of the Status de Blachbiirnshire, from 
which it appears, that the parish of Whalley was from the earliest times a portion 
of the diocese of Litchfield, which diocese, as he contends, never passed the Mercian 
kiugtlom. It is further urged, that the peculiar dialect of the Northumbrian king- 
dom ceases on the confines of the parish of Whalley, Avhere the Mercian dialect 
commences. On the first of these points, (the historical argument, as it is called,) it 
is well known, that in the early ecclesiastical division of Britain there was gi'eat 
eccentricity, and that it is extremely difficult to fix the limits of the respective dioceses 
at this cUstaut period ; and on the second, it woitld be unsafe to draw a conclusion of 
tliis nature from the variety of dialects in the different parts of Noiihumbria, seeing 
that there is a still more marked difference between the dialects of the North and 
the West Riding of Yorkshire, than exists between those to the north and to the 
south of the Ribble. To these theories are opposed the generally received opuiion, 
that the kingdom of Mercia was terminated on its north-western boundary by the 

' Saxon Chron. A.D. 923. 
H 2 



52 €\)t ?f?iStorp of t\)t 

CHAP, river Mersey ; and the positive fact, that in the Saxon Clu-onicle, the highest existing 
" authority perhaps upon this subject, Mancliester is said to be in Northiunbria. Tlie 

A.D. 923. passage is conchisive upon this point : — " Tliis year went king Edwai-d ^ith an 
army, late in the harvest, to Thehvall ; and ordered the borough to be repaired, and 
inhabited, and manned. And he ordered another anny also from the population of 
Mercia, the while he sat there, to go to Manchester, in Northumbria, to repaii- and 

to man it." 

An. DCCCCXXIII. l2ep on ))y)-f-um jeape pop Gabpeapb cynm^ mib 
pypbe. on upan hEeppept.co Djelpasle. -J het jepypcan Jia buph. "J jepettan. :| 
jemannian. anb het o^pe pypb eac op GQypcna Jieobe. }a hpile fe he Jjasp pset. 
jepapan CDanije-ceaptep on Nop^-hymbpan. ^ hie jebetan •] jemannian. 

To contend, in opposition to this evidence, that the Saxon Chroniclers did not 
know the limits of theii- oAvn kingdom within nearly a degree of latitude, and to 
compare then- records mth the vague notions of certain of the uninformed inhabit- 
ants of the south of England, who call all persons born north of the Trent, 
Yorksliii-emen, is to push a favomite theory to the confines of absurchty. A line in 
Nennius would seem to favour a conclusion of quite an opposite nature, by repre- 
senting Mercia as included in Northiunbria : 

" Pendor primus separavit regnum Merciorura a regno Nordorum."* 

But it would be as unjust to appropriate Mercia to Deira, on this unsupported 
evidence, as it is to appropriate the most important part of the county of Lancaster to 
Mercia, on the authority of a vague ecclesiastical lUrision, which might, or might not, 
be co-extensive with the civil jurisdiction of that kingdom. 
FirstEng- The asccudancy of the Danish power in Northumbria, owing to their coloniza- 
Imrcr tion in that kingdom by Alfred, subjected this part of Britain to a frequent recur- 
rence of the hoiTors of war, when all the other parts of the island were at peace. In 
order to extinguish the spirit of rebellion, and to give security to liis throne, 
Athelstan marched into Northumbria, and after a signal -victory, gained at Bruns- 
bury, he united Northumbria to the rest of his Idugdom ; and in that way acquired 
the title of the first English monarch, thus eclipsing the fame of Alfred, who had 
suffered the Danes to divide the kingdom with him, by apportioning to them 
Northmnbria and East Anglia. Athelstan, whose mind and education rose 
superior to the age in whicli he lived, liberalized liis institutions; and it is men- 
tioned as honourable to liis general policy, that, amongst the laws passed by liis 
authority, it was enacted. That any merchant who should make tlu-ee voyages over 
A. D. 9S5. the sea Avith his own manufactures, should have the right of a thane,t that is, should 
rank with the priATleged orders. By this means encouragement was given to manu- 
* Pao-e 117. t Wilkin's Leges Anglo-Sax. p. 71. 



Cotint)) palatine of tanrastfr. 



53 



factures and commerce at tlie same time ; and that agi-iciilture might enjoy its share chap. 
of the royal favour, any ceorl who had five liides of his own land, a church, a ^^' 
kitchen, a bell-house, and a separate office m the Idng's hall, also became a thane. 

Tlie Danish Northumbrians, still impatient of the Saxon rule, broke out again Keign of 
into rebellion, in the reign of Edmund, the successor of Athelstan, and chose Anlaf, '''''""""'• 
of Ireland, as their king ;* but Edmund, marcliing suddenly into the southern part 
of Northumbria, (Lancaslm-e and Yorkshii-e,) overtlu-ew the malcontents, who, to 
appease his indignation, and to conciliate liis confidence, offered to embrace the 
Cluistian religion, and to abandon their idolatry. The king also conquered Cmn- 
berland, and confen-ed that temtory on Malcohn, king of Scotland, by the following 
gi-ant, which is amongst the most ancient m the records of British history: — 
" Edmundus rex totam Cumberland praedavit, et contrivit, et commendavit earn 
Malcolmo regi ScotiaB, hoc pacto quod in auxilio sibi foret terra et mari." The sliort a.d. 946. 
but glorious reign of Echnund Avas terminated by the hand of Leolf, a notorious 
robber, who had obtruded liimself into the royal presence, and who resented the 
king's rebukes by plunging his dagger into liis heart. His memory and his deeds 
are perpetuated in the annals of his country in the foUoAving strain : — 



An. DCCCCXLII. rSep 
Gabmunb cyninj. 
Gnjla J)eoben. 
maja munb-bojia. 
OOypce je-eobe. 
bype bseb-jrpuma. 
j-pabop j'cabe^ 
hpitan pyllej- 3eaC 
■J l^umbpa ea"- 
bpaba bpym-j-tpeam. 
buphja pipe. 
Lijopa-ceapcep. 
*] Linbcyhie. 
■3" Snotinjaham. 
pylce Stanpopb eac 
"i Deopaby :• 
Dene paspon asp", 
unbep Nop^mannum 
nybe jebejbe. 

* Saxon Cliron. 



A.D. 942. Here 
Echnund king, 
of Angles lord, 
protector of friends, 
author and framer 
of du'eful deeds, 
o'erran with speed 
the Mercian land, 
where'er the course 
of Whitwell-spring, 
or Humber deep, 
the broad brim-stream, 
divides five towns, — 
Leicester and Lincoln, 
Nottingham and Stamford, 
and Derby eke. 
In tln-aldom long 
to Norman Danes 
they bowed through need, 
A.D. 941 



54 m)t W^tOV}} of ti)t 

CHAP. on hsejienpa and cbagged the chains 

" hasj-te-clommum of heathen men ; 

lanje Jipaje. till, to Ids glory, 

oS ^e hie alyfbe great Edward's lieii 

epc pop hip peop^-pcype. Edmund the king, 

pijjenbpa hleo. refuge of warriors, 

apopa Gabpeapbep. their fetters broke. 
Gabmunb cynmj:- 

Wars in From the middle to the end of the tenth century, the Anglo-Saxon Clironicles 

bria. are almost entii-ely occupied by the wars in Northumbria, and the changes in the 
monastic orders, Avhich were then taking place, under the influence of the ambitious 
Dunstan, abbot of Glastonbury. Under the auspices of Dunstan, the Benedictine 
rule was introduced into nearly fifty monasteries south of tlie Trent ; but notwith- 
standing Wilfrid's endeavours in former times, and Dunstan's energies and activity 
in the present day, there was not, before the Norman conquest, a single monk in all 
the Northumbrian territory.* The tribute of Danegeld, a tax upon the people to 
repel the ravages of the Danes, was imposed for the fii'st time in the year 991, and 
was at first of the amount of £10,000.1 AH the land in the county contributed to 
tliis impost by a rateable assessment, except the lands of the church, which were 
exempt on account of the efficacy of the prayers of the clergy, which were supposed 
to fonn an equivalent for theii* contributions. " Tlie payment of Danegeld was first 
ordained on account of the pii-ates ; for in their ravages of our country, they did all 
they could to desolate it. To check their insolence, Danegeld was levied annually, 
I2d. on every hide throughout the country, to hire men to oppose the pirates. From 
this tax every church, and every estate held in property by the chiuxh, wheresoever 
it lay, was exempted, contributing nothing towards tliis payment, because more 
dependence was placed on the prayers of the church than on the defence of arms."! 
The produce of this tax, wliich was at first employed in resisting the Danes, was 
afterwards used to purchase theu- forbearance. Their irruptions and exactions 
became continually more oppressive, and in the year 1010 the base expedient was 
resorted to, of purchasing peace fi'om them by the payment of £48,000. 

Lanca- It is remarkable, that in the whole of the Saxon Clu-onicles, the term " Lanca- 

sliire" never once occurs, though the neighbouring counties, in the kingdom of 
Northmnbria, are mentioned in those ancient annals several times. Hence it is said, 

des™' A.D. 966, " Tliis year Thored, the son of Gunner, plundered Westmoreland; and the 
same year Ostac took the aldermansliip." In A. D. 1000, " This year the king 
* Sim. Dunelm, A.D. 1074. f Saxon. Chron. A.D. 991. : Camden, vol. i. p. 177. 



shire not 
mentioned 
in the 
Saxoc 



s 



Countj) palatine of ^anrasttr, 66 

Ethelred, tlie uui'eady, went into Cumberland, and neai'ly laid waste the whole of it chap. 
witli his army, Avhile liis navy sailed ahout Chester, consequently near to the ' 

Lancasliire coast, Avdth the intention of co-operating with liis land forces, part of 
which were probably quai-tered in the latter county. It is also remai-kable, that the 
name of Lancasliii-e is not to be found in the Domesday Book of William the 
Conqueror, though the manors and lands are described in that imperishable record, 
with the usual accuracy and precision. 

Dr. Kuerden, in Ids impublished preface to his History of Lancasliii'e, depo- 
sited in the Chetham Library at Manchester, says — 

" King Egljert, after his victorious conquests, having reduced the Saxon Kuerden 
Heptarchy into a monarchy, and called it England, he thvided his new acquisits into shire.'' 
seueral portions and shares, and for the preseruation of a future peace, set over each 
of them a Comes, to rule them, whence each portion or bailiwick was styled Comita- 
tus, a scjTe or county, sc. an earldome. So that the kingdome of Northmnbria, 
which extended ii'om the riuer Humber and the riuer Mersey, on the south part, to 
the riuer Tweed upon the north, wliich was the begiiuiing of Scotland ; — this region 
was divided into diners schyres or prouinces. 

" 1. The prouince of York upon the East part from the riuer Humber to the Division 
riuer Tese. He styled it Evrvckshyre, or Yorksliii-e, in wliich were 22 hundreds umbria. 
or Wapentakes. 

" 2. And from the Tese to the riuer Tyne, the prouince of the Bishoprick of 
Durham. This he cald Durohmschire. 

" 3. And fi-om the riuer Tyne to the riuer Tweed, he cald it Northumbria, or 
the shyre of Northumberland. 

" 4. And on the west part, from the riuer Sol way to the riuer Duden on the 
South. This he cald Carliershire or Cumberland. 

" 5. And Avhat lay upon the West on Durham and Lancashyre he cald Apleby- 
SCHYRE or Westmorland. 

"6. And from the riuer Duden to the riuer Mersey upon the south, was styled 
Lancasterschyre. 

" In whych schyi'e or Prouince contains wdtliin it five lessor schyi-es, sc. West 
Derbyschyre, Salfordscyi-e, Leylandscyre, and Blackburnscyre, Amundernes and 
the territory of Lancaster. Thes now are cald Hnnckeds or Wapentakes. 

" Ouer euery scyre, as hath been said, he placed a Comes to rvle and gouern it Eari. 
according to the Lawes and customes of the country, who, together with the Byshop Byshop. 
of the Diocess, were to instruct and rule the people, the one declaring to them the 
laws of God, and the other the laws of the land ; and they had likewise vnder them 
a Heretoge chosen by the people in a.folcmote, who had the power to raise the Heretoge. 



66 Cftf lisitoii) of tfje 

CHAP, people, to compell the otliermse disobedient to obedience, or to inflict chastisement 
" for offences, by fines or imprisonment.* 

" King Ahired, grandchild to the said Egbert, to check the evils occasioned by 
the Danish pyi-ats making inroads upon the people, and the dissolut caryage of his 
owne subjects, by filching and stealing clandestinely, upon deliberat aduize (tlivided 
the country) into centmys or Hundi-eds, and to euery century appointed to defend 
them as occasion required, from such theifs and robbers. 

" And every such century or hundred he subdivided into Ty things or Fred- 
bui'ges, to respond for the good behaviour of one another. 

" And as Moses, whom God set over the Isralits, aduised by Jethro his father- 
in-law, for his better ease, to constitute Judges ouer Tribes, Hundreds and fiftyes, to 
whom he committed power to determine lesser matters, euer reseruing thos of 
gi'eatest Importance to his own ^^isdom and definitive sentence, so did King Alured 
constitute his companions,t to wliom he bestowed such territory or schp-e, to sit in 
courts of Judicature with the Byshop, to take care of the people's Interest, and for 
the better defence of the realm. 

" And the Byshop was an assistant to the Comes, to se the Interest of the 
Church not to be diminished, but ordered according to the lawes of God. 

" And the Heretogen, upon all occasions, endowed likewise with power to 

compell all refi'actory people to ther obedience to the Laws as Justice dictated, as 

Sheriff. now the Vicecomes (sheriff), vdth his posse comitatus, acts the same. 

Coroner. " Tlie Corouor likewise is chosen by the people, and assigned super visum 

corporis mortui, and to give account to the King of the loss of his subject, and what 

deodands do accrue to the King thereby."! 

This quaint, but comprehensive and interesting passage is, no doubt, substantially 

correct ; but it would have been more satisfactory, had the learned antiquaiian quoted 

his authority for asserting that king Egbert styled the country fi-om the river Duden 

to the river Mersey Lancasterschyre. That authority, if it exists, would at once 

have decided two disputed points — first, whether the country between the Ribble and 

the Mersey did, in Saxon times, form part of the kingdom of Mercia; and, second, 

at what period the county of Lancaster first obtained its present designation. 

Passes The long and inglorious reign of Ethelred was perpetually tlistracted by the 

Danish ^ iuvasious of the .Danes, fii"st under Sweyn, and afterwards under Canute, liis son 

'"'"*'^' and successor ; and in the reign of Echnond Ironside, the king was obliged to 

surrender up one-half his Idngdom, by awarcUng to Canute, Mercia, East Auglia, 

and Northumbria, which he had entii'ely subdued. The unfortunate Edmond 

* Heretoch — a Saxon word, literally meaning the leader of an army. 

t Comitates, literally companions. I Kuerden's MS. 4to. f. 229. 



Countj) |3alatint of ilanrastcr. 67 

survived the treaty by which liis Idngdom was dismembered, only a month, having chap. 
been mm'dered at Oxford by two of liis chamberlains ; and in tliis way the succession 



of Canute, the Dane, to the throne of England, was secured. 

In order to gi'atify the ambition of the chief of the English nobility, and to 
attach them to liis interest, Canute created Thurkill earl or viceroy of East Anglia, 
Eric earl of Nortluunbria, and Ediic earl of Mercia, reserving to himself only the 
govermnent of Wessex : but this power of the eai-ls was of short duration ; Thurkill 
and Eric were soon expelled from the kmgdom, and Canute became sole monarch 
of Eno-land. Finding liimself firmly seated on liis tlu-one, he restored the Saxon 
customs, to wliich the people were attached, in a general assembly of the states ; 
justice was administered with impartiality ; the lives and property of all the people 
were protected, and the Danes were gi'adually incorporated with liis subjects. 
Canute, the gi-eatest sovereign of liis age, had the fame to reign over six kingdoms,* 
and yet such was liis humility, that ha^dng in a moment of intemperance killed one 
of his soldiers, and by that criminal deed >'iolated the law, he confessed his crime in 
the presence of liis assembled army, and fined himself three huncked and sixty 
talents, as a punislimeut for his ofiience — the punisliment for homicide being in that 
age forty talents .t Surrounded as he was with courtiers and flatterers, his mind Subiime 

. . . . reproof 

might have swelled into presumption, and, like Alexander, he nught have felt more given to 
disposed to rank liimself amongst the gods than amongst mortals. But ^vith all his sjcophan- 
power, he felt that he was a mere creature, as impotent as the humblest of his 
subjects, when opposed to the gi-eat operations of nature, under the control of that 
Being, who has said to the ocean Avith effect, " Hitherto slialt thou come, but no 
further; and here shall thy proud Avaves be stayed." To communicate this 
reverential sentuneiit to those who were accustomed to off"er to liim the incense 
of their servile adiUation, the king ordered a chaii- to be placed on the sea- 
shore on the approach of the tide, and, seating liimself upon it, vntii an aii' of 
command he exclaimed — " Ocean ! the island on wliich I sit is mine, and thou art 
a part of my dominions. None of my subjects dare to resist my orders, I therefore 
command thee that thou ascend not my coasts, nor presume to wet the borders of 
my robes. Tlius far shalt thou advance, but no further." In vain the royal man- 
date was issued. Every wave drew nearer, till the general elevation of the waters 
thi-eatened to immerse the chaii- of state and its royal occupant in its iiidiscrimi- 
natuig embrace; when, arising from liis seat, he thus expressed the sublime 
sentiment wliich filled liis mind — " Let every dweller upon the earth confess, that 
the power of kuigs is frivolous and vain. God only is the great supreme ; let liim 
only be honoured with the name of Majesty, whose everlasting laws, the heavens, 
* Saxo 196. t Encom. Emmse, 492. 

VOL. I. 1 



58 €i)t In'SitOl-l) of t\)t 

CHAP, and the eai-tli, and the sea, with all their hosts, ohey." In confonnity with this 

__J exalted feeling, Canute would never afterwards weai- liis crown.* 

Canute in The closest conuexion subsisted between Northumbria and Scotland, in the reign 
shire. of Canute, and even Cumberland was subject to Malcohn, the Scotch king. This 
division of his kingdom was inconsistent with the policy of Canute, who, after 
marcliing through Lancashii*e at the head of a formidable army, took possession of 
Cvunberland, and placed Duncan, the gi-andson of Malcolm, in possession of that 
province, subject to the throne of England. 
A.D. 1033. Cimute, by a treaty mth Richard Duke of Nonnandy, had stipulated that his 
Harold I. cliilih-en by Emma, the sister of that prince, should succeed to the tin-one of England; 
but, in violation of that engagement, he appointed Harold, sumamed Harefoot for 
the swiftness of his speed, as his successor, instead of Hardicanute, the son of that 
princess. A short and disturbed reign was terminated by the succession of Hardi- 
canute, wlio appointed Siwai'd, duke of Northumbria, along with God^\in, duke of 
Wessex, and Leofric, duke of Mercia, to put down the insui-rection wliich prevailed 
against his government. 
A.D.104]. In an age when the benefit of the right of undisturbed hereditary claims was but 
Edward imperfectly understood, Edward the Confessor succeeded to the throne, to tlie pre- 
fessor. judice of Sweyu, king of Norway, the eldest son of Canute. The EngUsh flat- 
tered themselves, that by the succession of Edwai-d they were delivered for ever from 
the dominion of the Danes, and theii" rejoicings were unbounded; but the court was 
soon filled with Normans, to the prejudice of the Anglo-Saxon nobility, and the 
language and the fashions of France v/ere very generally introduced. This circum- 
stance gave gi-eat offience to the native nobles, who, with God^vin at their head, 
supported by his three sons, Gurth, Sweyn, and Tosti, rose in rebellion against 
the king. 
Candi- On the death of duke Godwin, one of the most powerful nobles of his time, his 

(lutes for _ 

the throne, son Harold aspired to the English tlu'one, and was joined by Macbeth, an ambi- 
tious Scotch nobleman, who had put to death liis sovereign, Duncan king of Scotland, 
and usurped his tlu'oue. In the wai-s which ensued, the men of Lancasliire were 
deeply engaged, and Siward, duke of Northmnberland, resisted the usurper with all 
his force. To defeat the ambitious progi'ess of Harold, the king cast his eye towards 
liis kinsman, William, duke of Nonnandy, as liis successor. Tliis prince was the 
natural son of Robert, duke of Normandy, by Harlotta, daughter of a tanner in 
Falaise.f The character of the young prince qualified liim for the duties of govern- 
ment in the age in which he lived, and to a courage the most intrepid he added a 
severity the most inflexible. During a visit paid by Harold to Rouen, William 
* Matt, of West, p. 409. and Hen. of Hunt. p. 367. f Brompton, p. 910. 



Count)) ^3alnti'ne of Slaiirasitfi'. 69 

disclosed to him the intentions of Edward, and prevailed upon hun, by an offer of one chap. 

of his daughters in maniage, and by other motives of fear and reward, to promise that '. 

he would support liis claims to the throne of England. Not satisfied Anth a promise, 
on which he had little reUauce, William required Harold to take an oath in ratification 
of that engagement; and, in order to give increased solemnity to the pledge, he 
secretly conveyed under the altar, on which Harold agreed to swear, the reliques of 
some of the most revered martyrs. Not>vithstanding tliis solemn engagement, 
which Hai'old considered as extorted, and therefore not binding, on liis return to 
England he resorted to every means witliiu liis power to strengthen liis influence. 
Eail Tosti, a tyraunical piince, the brother of Harold, who had been created duke 
of Northumberland, acted wdth so much cruelty and injustice in the counties of York 
and Lancaster, that the inhabitants, headed by the thanes, rose in rebellion against 
liim, and expelled him fi-om his government. Morcar and Edwin, the sons of duke 
Leofric, who possessed gi-eat powers in this part of the kingdom, concui-red m the 
insurrection; and the former, being elected duke, advanced from York with an army, 
collected on the north of the Mersey and of the Humber, to oppose Harold, who had, 
tkrough the royal favour, been appointed governor of Wessex, and who was commis- 
sioned by the king, on the representation of Tosti, to reduce and chastise the Northum- 
brians. Morcar, " advancing south with all the sliire, and with Nottinghamsliire, and Expulsion 

of Eflrl 

Derbysliii'e, and Lancashii-e,"* marched to Northampton. Here they were met by Tosti. 
Harold, at the head of the king's forces, and a desperate battle appeared inevitable ; 
but Morcar, wisliing fii'st to appeal to Harold's generosity and sense of justice, rather 
than to the issue of arms, represented to him that Tosti had acted with so much 
injustice and oppression in liis government, that the inhabitants of Yorkshu'e and of 
Lancasliire, with those of Durham, Northumberland, Cumberland, and Westmore- Early as- 
land, being accustomed to the government of the law, and being determined to sup- liberty in 
port their bii-th-right, preferred death to slavery, and had taken the field, determined siilre." 
to perish rather than to submit to the iron yoke of the tyi-ant. After coimnunicating 
with the king, Harold abandoned the cause of his brother, and obtained a royal 
amnesty for the insurgents, who returned to their homes as conquerors, chiving 
before them all the cattle they could collect, amounting to many thousands. Morcar 
was fi-om this time confirmed in his government of Northumbria; and Harold, instead 
of consiunmating the family alliance contracted with the daughter of William of 
Noi-mandy, man-ied the daughter of duke Morcar. The death of Edwai-d speedily 
followed the suppression of the great nortliern insurrection, and his body was interred 
in the abbey of Westminster, " wliich he had liimself erected, to the honour of God 
and St. Peter, and all God's saints.| The reUgious zeal of tliis sovereign, with whom 
* Saxon Chron. A. D. 1065. t Saxon. Chron. 



ous star. 



60 CIk listoi'i) of tl)e 

CHAP, the Saxon line of English sovereigns terminated, procured him the name of the 
' Confessor; and liis love of justice induced liim to complete a code of laws from the 
works of Ethelbert, Ina, and Alfred, though tliose which pass under liis name were, 
accor(Hug to Su- Henry Spebnan, composed after liis deatli. Tliis sovereign was 
the first who touched for the king's e^il — a superstition wliich maintamed its hold of 
public credulity through six centuiies, and was not discontinued tUl the tune of the 
Stuarts. 

Harold Though, by the will of Edward, William of Normandy was appomted his successor, 

Harold stepped into the vacant tlu'one without hesitation, ha\-ing fii-st been cro\vned 
at York, where he was residing at the tune of the king's death, by Aldi'ed the 
ai'chbishop, nor did he quit tliis part of the kingdom till four months afterwards, 
when he repaired to London,* havmg been every where received in liis progi'ess 

Portent- ^^th the most joyous acclamation. The appearance in the heaven of a phenomenon 
of malign influence at this juncture, filled men's minds with apprehension. " Then 
was over aU England," say the Saxon Chroniclers, " such a token as no man saw 
before. Some men said it was the comet-star, wliich others denominated the long- 
haii'ed star. He appeai'ed fii'st on the eve called Litania major, tliat is, on the 8th 
before the calends of May, and so shone all the week." Harold's danger, however, 
consisted not in the heavenly, but in eartUy bodies. Earl Tosti, who had taken 
refuge in Flanders Avith earl Baldwin, liis father-in-law, on his expulsion from 
Lancasliire, collected a lai'ge fleet, and endeavoured to regain liis forfeited possession 
by sailing up the Humber, and penetrating into Northumbria. Finding liis power 
ineffectual, he associated himself %vith Hai'old Halfagar, Idng of Norway, who with 
300 ships assembled in the Isle of W ight, and there remained all the summer. 

On the approach of autumn, Halfagar appeared off the Yorksliire coast with his 

uinbria." 300 sliips, and was joined by eai'l Tosti, who had replenished liis force amongst the 
Danish Northumbrians, and, alter entermg the Humber, they sailed up the Ouse 
towards York. On receiving tliia intelligence, Harold, whose anny was collected in 
the south, under the expectation of an invasion undertaken by the Normans, hastened 
to the north by forced marches. But before liis arrival, Edwin, earl of Mercia, 
and Morcar, earl of Northumberland, had gathered fi'om Lancasliii'e, and other parts 
of the earldoms, a considerable force, with the intention of repeUing the invaders. 

Sangui- Ou their anival at Apud Fulford, a \illage south of York, a sanguinary battle ensued, 

tie, Sept. in wliich the slaughter was so great, that the Norwegians traversed the marshes 

2nth. 



invasion 
of North 



on the bocUes of the fallen,^ and in wliich Morcar and Edwin were obhged to seek 

safety in flight, leaving the invaders in possession of the field. After demancUng 

hostages and prisoners from the inhabitants of York, the " Northmen" marched to 

* Saxon Chron. A. D. 1066. + Snorre, p. 1.55. Ork. Saga, p. 95. 



Countj) ^3alatinc of Slanraeitfr. 61 

Stamfordbriilge, where they were surprised by Harokl, at the head of the largest chap. 

force ever collected hi England. Before the battle conuneuced, a proposal was sent 

by Hai-eld to his brother, offering to re-mstate hun iu tlie government of Northum- Sept.2.-.th. 
bria if he would \\'itlKh-aw from the field. To Aviiich Tosti, m the insolence of his 
spu-it, replied, " Last winter such a message might have spared much blood ; but now 
what do you offer for the king my ally?' " Seven feet of gi'ound," said the Saxon 
general.* The die was cast. For some time the passage of the bridge was chsputed 
by one of the Norwegians, who, owing to the narrowness of the bridge, withstood the 
" Eno-lish folk,"t so that they could not pass. In vain did they aun at lum their 
javeluis, he still maintained his gi-ound, till a soldier came under the bridge, and 
pierced liim ten-ibly inwards, under the coat of mail. Tliis unpethment, which, by 
the operations of modern warfare, would have been speedily removed, no longer 
intervening, Harold marched over tlie bridge, at the head of liis anny, when a di'ead- 
ful slaughter ensued, both of the Norwegians and the Flemings, ui wliich was slaui 
Halfagar, the faii'-haired king of Norway, and Tosti, the expatriated earl of North- 
lunbria. The fleet of the Norwegians fell also into the hands of Harold, Avho allowed Expulsion 

. . . of the 

prince Olave, the son of Halfagar, to depai-t the kingdom, with twenty of his vessels, invaders. 
taking with liim the wreck of the Norwegian and Flemish army. This act of gene- 
rosity, as historians are accustomed to consider it, was not unmixed ^\ith policy. A 
still more formidable invasion was approaching, and Harold wislied to be freed from 
one body of his enemies before he had to encounter another. The shouts of victory 
were heai'd across the island, from the Humber to the Mersey ; but scarcely had 
those shouts subsided, before intelligence was received, that William of Normandy Landing 
had landed at Pevensey, at the head of 60,000 men, supported by a fleet of 3,000 sail, J the Cea'^ 
and was constructmg a castle at the port of Hastings. As William was landing ''"*™''" 
from liis sliip, he stumbled and fell. In those days of superstition, the incident was 
uiterpreted into an omen of disaster, but the panic was checked by an artful soldier, Sept. 28th. 
who raised William from the gi-ound. Seeing liis hands full of mud, he exclaimed — 
"Fortunate general! You have already taken England j its earth is in your 
liands."§ Harold received the news of William's landing without any emotions of 
dismay, wliile he was at dinner m liis favourite city of York. Hastening to London 
at the head of his anny, wliich had been duninished.by the battle of Stamfordbridge, 
and wliich was discontented by being denied a share of the spoil, he received a mes- 
sage from duke William, who offered Harold liis choice of three proposals — to reign in 
fealty under William, wliom he had sworn to serve ; or to decide the cUspute by 
single combat; or to submit the cause to the arbitration of the pope: to wliich Harold 

* Snorre, p. 160. t Saxon Chron. 

J The " Roman de Row" says 696, which is more probable. | Matt, of West. p. 435. 



62 U)t ?l?isitxii-p Of tl)e 

CHAP, replied, that the god of battles should be the ai-bitrator, and decide the differences 
' between them. Yielding to the impetuosity of his o\vn temper, instead of listening 



to the wise counsels of his brother Gurth, he marched fi-om London without due 
prepai-ation, in the vain hope of surprising the Normans in the south, as he had 
surprised the Nonvegians in the north. Tlie night before the battle of Hastings was 
passed by the invaders in prepaiations and in prayer,* while the English devoted 
their hours to festivity and jojful anticipations. Tlie fate of England himg on the 

Oct. 14th. issue of the day. Before the battle commenced, WiUiam joined in the solemnity of 
religious worsliip, and received the sacrament at the hands of the bishop ; and to give 
increased effect to these solemnities, he hung round his neck the reliques on which 
Harold had sworn to support his claims to the English throne.f He divided his 

Battle of army into three bodies. In front he placed his light infantry, armed with arrows 
^'"'^^' and balistae, led by Montgomery. The second division, commanded by Martel, 
consisted of Ms heavy-armed battalions. His cavalry, at whose head he stood in 
person, formed the tliird line, and were so disposed, that they sti'etched beyond the 
infantiy, and flanked each wing of the army. To stimulate their courage, he 
addressed them in words to this effect: — " Remember RoUo, the founder of your 
nation, and the glorious achievements of your ancestors. You have now a rich 
booty before you. If / become the king of England, you will be the owners of the 
land; vengeance and plunder are alike before you. You are to punish the peijmy 
of the English. They massacred om- kinsmen, the Danes and the Normans. 
Harold, their king, has been guilty of the basest perjury. You are to fight, not only 
for victory, but for life. If you are idctorious, glory and wealth are your rewards ; 
if you ai"e defeated, a cruel death, or hopeless captinty, await you. Escape there is 
none. On one side, an unknown and hostile country; on the other, the blockading 
sea. Would it not be a disgi'ace to be vanquished by a nation accustomed to be 
conquered; a nation without aiTOws, and without military warriors? Raise, sokUers, 
your standai'd. Let the lightning of yoiu- glory shine resplendent from the east to 
the west."J Still further to incite their ardour, Taillefer, a Norman minstrel, 
inflamed the mai-tial ardour of the men of Britany, of Normandy, and of Poictou, 
by singing the song of Roland and Charlemagne : 

" Taillefer qui mout bien chantout, 
Sur un cheval qui tost alout, 
Devant euls aloit chantant, 
De Kallemaigne et de RouUant, 
Et d' Olivier et de Vassaux 
Qui moururent en Rains clievaux."^ 

* Will, of Malms, p. 101. t Guil. Pict. p. 201 I Hen. of Hunt. p. 368. §Lanc. p. 461. 



Coimtj) IBalatme of ILanrasitfr. 63 

The English army, chiefly iufantry, were an-aiiged by Harold in the form of a chap 

wedge, meant to be impenetrable. Their sliields covered their bodies ; their anns 

melded the battle-axe. Harold, whose corn-age was equal to his station, quitted his horse, 
to shai'e the danger and the glory on foot. His brothers, Gurth and Sweyn, accompa- 
nied him, and Ms banner, in wliich the figure of a man in combat, woven simiptuously 
with gold and jewels, sliining conspicuous, was planted near liim.* Tlie English, 
occupying the liigh gi-ound, wliich was flanked by a wood, not only received the 
dischai'o-e of the Norman weapons with patient valour, but returned the attack with 
their battle-axes and ancient weapons %\'ith so much effect, that the foot and the 
cavalry of Bretagne, and all the other allies of William on the left wing, gave way. 
Tlie impression extended along the whole line, and was increased by a rumour, that 
the duke had fallen. Dismay began to unnerve liis anny; and a general flight 
seemed about to ensue.f William, to arrest the progi-ess of the panic, and to 
con\ince his soldiers of his safety, rushed amongst the fugitives, and, with his helmet 
thrown fromliis head, exclaimed, " Behold me — I Uvej and will conquer yet, with 
God's assistance. What madness influences you to fly ? What way can be found 
for your escape ? They whom, if you choose, you may kill like cattle, are driving 
and desti'oying you. You fly from victory — from deatliless honour. You run 
upon rum and everlasting disgi'ace. If you continue to retreat, every one of you 
•will perish."! '^'^'^ Normans rallied, and made a desperate onset ; but the English, 
forming a wall of courageous soldiery, remained unbroken. William, finding all his 
efibrts to penetrate their ranks fruitless, resolved to hazard a feigned retreat. A 
body of a thousand horse were entrusted with this critical operation. Having 
rushed upon the EngUsh with a horrible outcry, they suddenly checked themselves, 
as if panic-struck, and affected a hasty flight. The English entered eagerly on 
tlie pursuit with apparent success ; for the Nonnans, having retired upon an excava- 
tion somewhat concealed, fell into then- own trap ; many of them perished, and some 
of the English shared the same fate. Wliile this manoeuvTe was occupying their atten- 
tion, the duke's main body rushed between the pursuers and the rest of then- army. 
Tlie English endeavoured to regain their position : the cavalry turned upon them, 
and, thus enclosed, many of them fell victims to the skilful movements of then- 
adversaries. At length they rallied and regained then- position, but, uninstructed by 
experience, they suffered themselves to be twice afterwards decoyed to a repetition 
of the same artifice. In the heat of tlie struggle, twenty Nonnans confederated to 
attack and carry off" the English standard. Tliis service they effected, though not 
without the loss of many of then- number.§ 

* Will, of Malm. p. 101. 1 Guild. Pict. 202. 

t Guild. Pict. 202. § Brompt. p. 9G0. 



Defeat 
and death 
of Harold. 



64 €i)t S^istorp of tfte 

CHAP. The battle continued through the day with frequent changes of fortune. Harold 

' was more distinguished for the bravery of a soldier than for the skill of a general. 
William united the two characters. He had tlu-ee horses killed under him. Wliile 
Harold lived, liis valorous countrymen seemed invincible. Feilile in expedients, 
the duke chrected his archers not to fire dii-ectly at the English, but to dischaa-ge 
their arrows vigorously upwards towards the sky. The random shafts descended 
into the EngUsh ranks like impetuous hail, and one of them pierced the gallant 
Harold in the eye,* and, penetrating the brain, terminated liis life. A furious charge 
of the Noi-man horse increased the disorder. Panic scattered the English, and the 
Normans vigorously pursued tliem tlu'ough the broken gi-ound. A part of the 
fugitives rallied, and, indignant at the prospect of siuTcndering their country to 
foreigners, they sought to renew the contest. William, perceiving that the critical 
moment for sealing the victory had arrived, ordered Count Eustace and liis soldiers 
to the attack. The duke, with a vigour and energy pecuHar to hiaiself, joined in 
the final conflict, and secured the victory of Hastings and the crown of England. 
The body of Harold was found by his mistress, EcUth, " the Lady of the Swan 
Neck," near those of liis two brothers, who were also slain in the battle, and was 
sent, at the request of liis mother, for intennent, to the monastery of Waltham, which 
he had founded. 
Extinc- The battle of Hastings terminated the Saxon dynasty in England, after a 

Saxon ^ continuance, with occasional inteiTuptions, of sis liimcbed yeai's. Duiing this 
long period the foundations of some of the most important of our public institutions 
were laid, and it may be interesting, even for the illustration of local liistory, shortly 
to advert to then* nature and origin. 
Saxon in- 111 the Saxou period, the mechanical arts, so closely interwoven with the 
interests of society, met ■with liberal encouragement : the wisest of their monarchs 
invited from all quarters sldlfiil and industrious foreigners ; they encoiu'aged manu- 
factm'es of every kind, and prompted men of activity to betake themselves to naviga- 
tion, and to push commerce into the most remote countries. As an indication of an 
approach towards a state of free traflic, and of the increase of commerce, it is 
mentioned, that Canute, about the year 1028, established mints for the coinage of 
money, in thirty-seven cities and towns of England, of wliich number the town of 
Manchester was one. A silver penny, coined at York about the year 630, and 
marked with the name of Edv\in, the Northumbrian monarch, is supposed to be the 
earliest specimen of coinage in tliis island, after the abdication of the Romans. Tlie 
king and liis barons enfrancliised the principal towns, to encourage the progress of 
manufactures, and Manchester was of the favoured number. 

* Henry of Hunt. p. 368. Will, of Malms, p. 101. 



line. 



stitutions. 



Coimt)) ^Palatmr of aanrastrr. 



65 



It must be admitted, however, that whatever progress oui- Anglo-Saxon ances- chap. 

tors had made in conuuerce and in manufactures, since the time of the Roman 

sway in Britain, this couutiy had reti-ogi-aded deplorably in the practice of the fine 
arts. As early as the reign of Severus, the sculpture and the painting of Rome 
had obtained a liigh degree of perfection ; but in the Saxon times these accom- 
plislunents Avere almost extinct in the island, and the coinage of Northumbria, in the 
reigns of Edelstan, of Harold, surnamed Harefoot, and of Edward the Confessor, as 
exliibited in the folloAraig specimens, serve sufficiently to prove the lamentable 
deterioration : — 




The Anglo-Saxons were divided into four classes: — men of birth — men of 

property freemen — and serviles. Then- money was in pounds, sliillings, and pence; 

twenty slullings constituted a pound, and twelve pence a slulling, as at present, 
with this difference, however, that twenty shillings weighed a pound troy— and 
hence the term pound. Guilds, or communities of mutual protection, were formed 
by persons engaged in trade, which sought at once to protect the interests of those 
branches of business, and to proAide for the members of their fraternities in sickness 
and old age.* Markets and fairs were pretty generally establislied ; attention was 
paid to agricultm-e ; and the yeoman was held in deserved estimation. Their 
monarchy was partly hereditary, and partly elective; and the power of their 
sovereigns not absolute, but limited. Their Witena-Gemot of " wise men" formed 
the gi-eat council of the nation, and was a body, the foundation of our parliaments, 
tliat at once enacted laws and administered justice. Besides the trial by jury, they 
had the trial by ordeal of water and of iron : by the iron ordeal, the accused carried a 
piece of red-hot iron, tlu-ee feet, or nine feet, according to the magnitude of the 
offence ; in the water ordeal, he plunged his hand into a vessel of boiling-hot water 
up to the wiist in some cases, and to the elbow in others ; the hand was then bound 
up, and sealed for thi-ee days, at the end of wliich time the bandage and seal were 
removed ; when, if the hand was found clean, he was pronounced innocent, if foul, 
guilty.f This Avas a trial, not a punishment, and it was perfonned before the priest, 
in the presence of two Avitnesses, after due preparation. Sometimes the party 
choosiug this mode of trial prepared liis own hand, to endure the fiery trial ; and 

* Eden on the Poor Laws. t Wilk. Leg. Inae, p. 27. 

VOL. I. K 



66 CIk ?f)fetm-p of ti)t 

CHAP, sometimes probably prepared the hand of the priest, and thus induced liim to abate 
' the height of the temperature. There was anotlier ordeal by water : the culprit, 
having a rope tied about liim, was plunged into a river two ells and a half deep; if 
he sunk, he was acquitted; but if he floated, being considered deficient in weight of 
goodness, he was condemned.* The punishments were various, and consisted of 
banislmieut, slavery, branding, amputation of limb, mutUation of the nose, ears, and 
lips, plucking out the eyes, stoning, or hanging. The trial by jury was a rational 
and enlightened inquiry. The Saxoas have the merit of having introduced tliis 
invaluable mstitution into England; and some authors contend, that it originated in 
the tune of Alfred, but it is certain that it was in use amongst the earUest Saxon 
colonists.t The trial by jury tlid not at ouce attain perfection, and it is probable 
that Alfred matured and perfected the institution. Originally a man was cleai'ed of 
an accusation, if twelve persons came forward, and swore that they behoved liim to be 
innocent of the alleged crime.J This was a jury in its earhest fonn. Afterwards it 
became necessary that twelve men, peers or equals of the litigants, should hear the 
evidence on both sides, and that they on then- oaths should say whether the accused 
was guilty or innocent. 

Feudal The Feodttl System rose in England during the Saxon dynasty, and for 

many ages exercised an influence and conti'ol over society, not only in tliis 
country, but over the whole of the western nations of the world. Though the 
system was inti'oduced into tliis country by the Anglo-Saxon, it was not tUl the 
Norman conquest that it received its complete consummation. In the heat of the 
battle of Hastings, William had promised liis followers that tlie lands of England 
should be theu's, if victory crowned their- eiForts ; and the possessions of eai-1 Tosti, 
as well as the other Saxon barons, between the Mersey and the Ribble, and to the 
north of the latter river, speedily became the laiights' fees of the houses of Lacie 
and Pictavensis. In the partition of the spoil, the most considerable share fell to the 
Idng. These lands became the subject of feudal tenures ; the king conferred them 
upon liis favourites in capite, on the condition that they should faithfully serve him 
in war and in peace, and on payment of a certain annual fine ; and they again 
granted their Lancashii'e manors to Goisfridus, WUlielmus, Tetbaldus, and others, as 
then- feudatories. Tliese thanes had tlieii- socmen and Adllams — in other words, then* 
ianners and their slaves — some holding by miUtary, and others by nistic obhgations ; 
but all, from the liighest to the lowest, under feudal tenures. The whole frame of 
society was involved in tliis comprehensive system, wliich Dr. Kuerden has, in his 
unpublished MS. of the History of Lancashii-e, arranged under the foUovnng heads, 
taldng for liis text-book Sir Henry Spehnan's Glossarium Archaiologicum : — 
* Textus Roffensis. f Black. Com. cap. xxiii. { Turner's Ang. Sax. iv. 337. 



system. 



CountP palatine of 2Lanra<5tn% 67 

" Regal Franchises.* — The Kinpf or soueraigne Goucrnour of the Reiilm, firom chap. 
wliom all fi-ancliises are deriued, being the most exceleut and woitliicst part or " 

member of the body of the conunonwelth, next nnto God, because, as Braclon Koyai 
sayth, the law doth make liim a Idng, and as the head of a natural body, doth with a 
prouident care look about for the safety and preseruation of euery member of the 
same body, even so, the king being head of the coimuonwelth, doth not only cary a 
watclifuU eye to the preseruasion of peace and quietness at home amongst his own 
subjects, but also to keep them in peace and quietness from euery forreign 
Inuasion. 

" And hereupon the Law doth allow liim sufferein jurisdiction, not only through 
the whole land, but also to the midst of the sea, encompassing the whol retdm ; and 
for the same cause, the Lawes do attribut to the king all Honor, Dignity, Preroga- 
tive, and Pre-eminence. — Bracton, lib. ii. cap. 24. 

" Like^-ise, the king hath certain proper priiuleges by the canon law, that he shal 
only haue thos tilings wldch by the Lawes of Nature ought to be the finders, as 
Treasm-e troue. Wrecks of the Sea, Great fishes, as Whales, Stm-geons, &c. 

" And waifes, wliich are said to be the goods of another man, therefore the king, 
by his prerogative, shal have them. 

" He ought also, by the comon law, to have in his own possession, such things 
as by the law ought to be comon, as wild beasts, fowls that are not tame, but are 
made proper by possession, and taking of them as by Fowling, Hunting, or the 
like. 

" And by the law the king may enter into the grounds of any of his subjects wher- 
soever ther are any mynes of gold or siluer to be found, and dig the land at his 
pleasure for the same mines, and carry them away, for that they ai'C tilings that do 
only belong unto the king, for gold and siluer are tilings of most excelency that are 
upon the Earth ; and therefore when they are found, the law doth attribut them for 
their Excellency to belong unto the king as the most excellent person. 

" And in like manner, wild beasts of Venery, and beasts of chace and waren, being 
things of excellent recreation, they are meetest for the dignity of a prince for liis 
pastime and delight, and thence it is not lawful for any man witliin his own fee, to 
make any chase or pai'k, or waren, without the king's warrant so to do. 

" And although men may kill such wild beasts in ther wildns when they ai'e found 
wandering, being out of the forest park, or chase, or waren ; yet no man hath any 
property in them until they have kild them, for during the time of ther wildnes they 
are nitlUus in rebus, and they must needs be said to be in manu Domini Regis, m 
the king's possession. 

* Kuerden's MS. Manchester College Library, fo. 330. 
k2 



68 C!)e fmtov^ of t])t 

CHAP. " And so in some measure, Treasure troue, waifs, esti'ays, the goods of fellons and 

' fugitives, thos being out of any man's right, the thre fii'st their owners being 

Royal unknown, and the 2 later as confiscated, ther owners being convicted, or not daring 

privileges. , 

to justify themselues by law, when they remaui as proper escheats vnto the king as 
owner. 

" And as Countyes, Hundi-eds, Honors, wards. Gaols, chief cityes, and sea-port 
towns, with ther cheifest manors, these rights kings only assmned antiently, as 
belonging to the crown, where justice might most regularly be executed, malefactors 
most surely kept in custody, and the king preseriiing thereby his subjects better in 
peace, more nobly maintained, and keep of liis Landing. 

" All those great prerogatives were confinned upon our EngUsh monarch, the 
famous Egbert, by his subdued Heptarchy, and euer since duly and justly claimed, 
and enjoyed by his successors, the Saxon, Danish, and Norman Kings and Queens 
of England. 

" Hence may be obserued, whereas the king did chstribut the gi'eater fees capitaneis 
Regiis (royal cliiefs,) sc. to Archbyshops, Byshops, Palatines, Abbots, Abbesses, 
under gi-eater Francliises or privileges, wliich are cald regalia, to Dukes, Maixliions, 
and Earls. 

" And thes again may be reduced into lesser fees, when any of thos capitanei do 
distiibut any pari, of them to their vassals and clients with sunilar priuiledges, and 
thos are cald Hegij vel regis Valvasores, or capitanei. medii.* The former were cald 
regal chgnities, quod regis splendoris radios quosdam obtinent fruebantur olim 
juribus plerumque regalibus, which are called Serjantia majora, or greater 
Serjantyes. 

" But the feoda capitanea media, are thos that are granted not imechately from the 
prince himself, but from some of this capitanorum regis to ther clients, as from a 
count palatine to thcii- Barons, Valvasores, or Castellani. 

" And thes capitanei medij, or Valvasores, may lilvewise distribut yet smaller fees, 
called feoda militaria,-\^ sunply, which are neither given from the Prince, nor from 
any of the capitanei Regni,\ but from the medij capitanei, or Valvasores, Bai'ons, or 
some meaner Lords, to thefr Knights, or Valvasivi minores, and thos fees are cald 
feoda militum, ox feoda militaria. 

" Hence became various feocUsts or comites, Palatini, Vicecomites, Eails, Dukes, 
Heretocliij, Hundi'edarij, Holdcastellani, Titliingmeu. 

" Hence it appears, that it is not lawful to all to give a fee, so likewise it is not 
lawful for al to receive one for iguobl persons, and of seruile condition, ai-e forbidden, 

* Middle chiefs. f Knight's fees. X Chiefs of the kingdom. 



Countp ^3alatmt of itanrasitfr. 69 

and, according to the manor received in Heroick Ages, to undertake military offices, chap. 
munera suhire militaria. 



" Therefore, only nohl persons wer susceptibl of receiiiing fees, wliich are esteemed 
much before rusticks, and iguobles being unfit, ad urma tractanda reffcndaque 
militiam* and in compensation of this his coi-poral seruice ther fees wer given 
them indued with the said priiiiledges, and so made fre a trihutis rusticis, so. Tallage 
and subsidyes. 

" But the nobilia Ula feoda (noble fees) at length were bestowed upon the 
Biu-gesses and ig-nobl persons nisi auspice rege, and moneys offered into the 
Exchecq. to obtain that liberty, becaus that accipientis personam nohilitavit, this 
ennobles the person of the receiuer. 

" "Now feodum ignobile et vulgare'\ is opposed io feodum nobile, and is properly 
called that which belongs ignohilibus et rusticis, adorns with no feodal priuUedges, 
but the name of a fee in tliis latter age, perperam auspicatum. 

" We call it Soccage, and some call it feodum Burgense ;\ and hence it comes 
about that cUuers franchises and priuUedges have been granted to corporations, 
together vA\h markets and fayi-es. 

" How Fees first Instituted.^ — The more antient Ages of the world labouring sore institu- 
on each syde with gi'eat warrs. Emperors, kings, and piinces, more advisedly guiding fee"." 
ther afTayi'es, did cUstribut and bestow whol regions, and especially thos that bordered 
and were exposed to the enemy, upon ther patiites and gi'eat persons they cald 
capitanei, not so possessing them iutii-ely might reape benefit thereby, but that being 
seuered into fitting portions of a fee, and each placed out stipendij nomine to several 
knights and soldiers, a respect being had to persons, and so such bemg cald ui)on 
unanimously might defend the country, having taken the oath of fealty might come 
to the assistance of that waning prince, and thereupon the necessity of waning 
brought forth the Invention of fees. 

" Tlie Germans brought forth the feodal rytes and customes, and propagated the 
same by long usage. 

" It was in antient time anexed to the Lord's power, that where they pleased they 
might take back that had been given already by them, but afterwards it was estab- 
lished, that it should continue to the faitlifuU for his life, but not to his cliildi'en to 
belong by any hereditary right. 

" Afterward it came to pass, that their gift held finn only for a year, yet it so pro- 
ceeded, that it might come to their sons, sc. to him whom the Lord was pleased to 
confirm the grant. 

* To carry arms, and to command an army. I Bought fee or tenure. 

t A vulgar and ignoble fee. ^ MS. fo. 130. 



nors. 



70 C6e ??istJ3tt) of tfif 

CHAP. " Conrade, passing to Rome, (lid confirm it to gi-anchildren. Sons did not succeed 

" collateral, ultra fratres patruelles ;* but in a short time after it did extend to the next 

degree. — Jo Faber saith, Ducatus, Countys, Baronys, &c. were made perpetual 

hereditary, and nobles thereupon began to taie themselves syniames from ther chief 

denomination of ther fees.f 

f)fma- " First Institutions of 3Ianors. — 1. In the first place (the Lord) designed 

a fitting place for his own habitation, and to it was a messuage fit uberiores ad 

familiam suam alendam conscripsit fundos qui hodie terrce dominica;, cald demaine 

lauds. 

" 2. Another part he bestowed dientibus quot alere videatur milites oh siibsidium 
in bello, such poitions are cald feoda mihtaiia Kts' fees, but if any portion was not 
sufficient of itself, ad militem alendum,\ yet according to its quantity, partem pactum 
contribuit,\ sc. one half, one tliii'd, a fourth pt, a 100 pt, vel tantillo levior esset 
sumptus Domini militaris, (or so much less as the Lord's military charges were the 
lighter.) 

" 3. Tertiapartem colonis — who were called socmanni — elocat decernitque ut pro 
tenementorum suorum ratione frumenti vel vestis aliquid, juxta Taciturn, aut obsonii 
aliorumque necessariorum reddant faciantque,^ — and after he placed and sorteth out 
a tliird part to husbandmen, who are called socmanni, that proportionably to their 
tenements they should render, or cans sometliiug of fruit or gannents and victuals, 
and other necessaries (according to Tacitus) et preterea ad (cdes Domini et suapradia, 
as rustic and servile labours. They shal till the Lord's gi-ound, plow, sow, reap, 
cut his corn and hay, tluash, ditch, and hedg, et greges et indicta singula exe- 
quantur. 

" 4. Neither in the Interim were they forgetful of God, for they dedicated a place 
for the chiu'ch and priest, ut concilia volunt AgricoUs — pauperibus suis qui famdice 
navant opera latam fundi portionem cedit quo eorum rictus nutriantur animaUa 
Solent nominare.% 

" Tliis distribution of land, which since ut visit e domino beneficentia ejus etiam 
paruit voluntati, and was governed by such laws as the lord imposed, ut de Germanis 
Tacitus AgricoUs suis jus — huic jurisdictioni prcetorium, (as Tacitus says, in liis 

* Beyond brother's cousins on the fathers' side. 

t In no county in England do the names of the lands so much correspond with the surnames of 
their owners, as in Lancashire. 

I To support a knight. ^ He finished the portion agreed upon. 

II Towards their maintenance and cultivation. 
H As the councils will. To their poor husbandmen, who industriously laboured for their families, 

they granted a broad portion of ground (common) by which they might furnish food for themselves 
and cattle. 



Coiuiti? |3alatine of ^Lanrasstfi*. 71 

works on tlie manners of the Germans — the pra;torium in this jurisdiction,) was chap. 

• II 

the lord's house, sometimes thereupon cal'd aula (a hall), otherwise curia tenebatur _ 

ejus cUcntela rebus ita postulaniibus, (a court, wluch was held on affairs hetween the 
lord and his tenants so reqiiii-ing it), each 3 weeks here the most, but more general 
sub festo anmmtiationis B.M. et St. MichaeUs, at our lady day and St. Michael, 
fi-om whom the coui'ts at this day are called generally. 

" Of the Value and various Qualities of a KnighCs Fee. — Tlie antient yearly value 
of a fee may be gathered from the reHef payd, for the most part were alike. 

" The antient relief mth us was 5lb. and afterwards, about H. 3 time, he that 
enjoyed 251b. in lands ought to be cald ad dignitatem militia;, (to the honor of 
knighthood) as then the estimation of that was set upon a knight's fee. 
" Yet afterwards in E, 2. 251b. and afterwards 401b. 

" Thos that possest an estate of 1 5lb. 37H. 3. were cald out ad militia; dignitatem,* 
and Ed. 201b. and in Rastal, Title, Knights, who possest 10 libratas terra, (ten 
librates of land) were cald to the dignity of knighthood, or to be fyned 1256. 
41 H. 3. 

" Quantity of a Knight'' s Fee. — 1 MS. A certain book of the Abbot of Mamsbury a knight's 
sayth that 

" A vigrate of Land containeth 24 acres, 
" 4 \dgrates make a Hyde, and 

" 5 Hydes makes a knight's fee, the relief thereof lOOsh. 
" 2 MS. says, that, according to antient custome, 
"10 acres make a fardell, 
" 4 fardels makes a vu"gat, 
" 4 Vu'gats makes a Hyde, 
" 4 Hydes malies a knight's fee. 
" 3 MS. So that the Book of Mamesbury sayth 16 virgats makes a whole knight's 
fee, and when taxed at 6s. 4d. makes the sum of lOOsh. Therfor a knight's fee, 
according to the first, contauis 480 acres, and this agrees with the thii-d MS. If a 
vii-gate with 2d MS. be 40 acres ; but if, as the fii-st hath it, only 24 acres, it differs 
much from both, yet not above 484 recknd masse. 

" But after some time, according to the goodness of the ground, is less, and other 
times of larger extent for the baii-ness therof. 

" And ther is a respect to be had to the Lord's bounty, or parcimony, sometimes 
gi\Tng more sparingly, and others more profusely, as also the sendees imposed upon 
fees, sometimes according to the customes more easUy, other tunes ex pacto 
graviora. 

" To the honour of knia,hthood. 



72 Wl)t 5]i6torj) of ti)t 

CHAP. " Tlie Various Parts of a Knight's Fee. — 1. Hifla or Hyde is a portion of land 

" wliicli is set apart for the alimony of the family, or that will yeai-ly mamtayn one 
plow, so that Hide is sometimes taken for a mansion, as when it is sayd in the charter 
of kino- Ethelbert, or about the year 845, that each 10th mansion should belong to 
the seruice of God.* W. of Mamsbery sayth, that to the end of the world that the 
10 Hide should be to cloath and feed the poore. 

" 2. Taken for a family, for what Beda caldy'amiZ/a, other Authors and the Saxon 
Interpreters call a hyde, or hydilandes. 

" 3. Taken for a carucat of land sufficient yearly to maintain a plow. 

" Tlie quantity of a hyde is disputable, for Gervis of Tilbery says, a Hyde in its 
original institution did consist of 100 acres, but by W. of Mamsbery 96 acres.f 

" The Annals of Waverly, An. 1083. The king sent 5 of liis Justitiai-yes tlu-ough- 
out England to inquii-e upon oath, how many hydes, i. e. jugera, might be sufficient 
in each Town yearly to maintain a plow. 

" And the same Mathew Paris addes the same year, how many cattel might he 
sufficient for the village of one Hyde. 

" Domesday book in fine Cestreshire, (Land between the Ribble and the Mersey,) 
Tit. Derbei Hunched. 

" In the Hundi-ed of Derbei vi. carucates make a Hyde. 

" Regis Inee, cap. 24. by the name of Hydes, are known thos 12 portions which 
are reported to be given to the companions of Joseph of Aramathea in the territory 
of the monastery of Glastonbury. 

" Hydare is as much as to taxe the land by Hydes. 

" Hydatus is taken for land that is to be taxed by Hyde,|: 

" Hydage is a tribut that is gathered fi-om each Hyde. 

" And in paying of taxes the antient maner was to describe the kingdom by Hydes; 
and king Edelred, to oppose the Danes, caused each 320 hydes to send a slup, and 
each 8 to give a coat of male and Helmet. 

" W. C. (WiUiam I.) received from each Hyde, A. D. 1084, 3 sh.§ W. Rufiis 
from each Hyde 4sh. 

" H. I. for maii-yiug his daughter to the Emperor, A. D. 1110, from each 
Hyde 3sh. 

" Carucata Terrte, a carucate of land, is such a portion of land as is designed for 
the work of a plow, or plow land, with Math. Paris a Hyde. 

* The charter says, that every tenth mansion shall be devoted to the servants of God (Famulis 
Dei) which is a very different thing. 

t Not William of Malmesbury, but the Malmsb. MS. 
I Hidata (not hidatus) is land that is actually taxed, and hidanda, land to be taxed. § 6 solidi, or shillings. 



Countp ^aalatiitf of iLantasitfC* 73 

" A carucate of land is sajd to be so much land as a plow can work in seasonable chap. 
time, containing 120 acres, yet various as the gi-oimd was more easy, or harder, or ' 
troublesome to be tild. 

" Vityata Terrce. — 3. Virgata Terrte, yapt) land, (yard land) sc. mensuree 
quantitas pro rations loci diversi, in some places 20, in others 24, in others 30 acres. 

" 4. Fer Ungate. — 10 acres makes a ferlingate. 
" 4 ferlingates makes a vii-gate, 
" 4 vii-gates makes a hyde, 
" 5 hydes makes a knight's fee. 

" Carucat. TeiTse. The Abbot of Rochester demanded against Albereda de Basin- 
burn 8 car. terrae and 2 bovats of land, ut jus Ecclesite, of which each carucat of land 
contained 8 bovats terr(B mensuratce. 27 H. 3. Rot. 1. 

" Rob. Constable gave his Lordship of Therlesthorpe, whereof 8 carucates makes a 
knight's fee. 

" Herbert de St. Quintin gave 3 bovats of land, whereof 48 carucates makes a 
knight's fee. 

" H. fil. Sywardi de Kerden gave 3 bovat of land in maritagio. 

" Rijil. Adce de Blackburn unde 16 bovats — sint cequales de forinscco. 

" Caruagio and Carucagio, a tribut imposed upon plows. In charters of pri\Tledges 
many being fi-ee from the Tributs tenned quieti a carucagio, when the R doth taxe 
his land by carucates. 

" JugumTerrcB. — 5. as much gi-ound as a yoke of joyned oxen can plow in a day. 
It appears that at fii'st a manor was divided into various portions sufficient for the 
nourishment of so many country familyes, together with the yoaks of oxen, and from 
thence they were cald juga, or yoaks. 

" Jugatio is said to be a tribut that is payd a singulis jugis. 

" Bouata Terr<s, or Oxgangs. — 6. It is sayd to be as much ground as one oxe can 
till ; but in an antient MS. 8 bovats of land doth make a carucate, and 8 carucates a 
kt's fee. 18 acres makes a bovat of land. An oxegang, as much as serves the 
neck of an oxe, but tliis must be understood of oxen joyned, or a yoak of oxen. 

" Ferdella Terra. — 7. Out of an old MS. is the 4t part of a vii-gate of land, for 
saying that 10 acres makes a vii-gate, and 4 wgates makes a hyde, and 4 hydes 
a kt's fee. 

" Ferdendeal, or farandeal, with Cowil, is the 4t part of an acre, which we call a 
road, or rood. Crompton sayth Quadrans is the 4t part of a penny, and obulus the 
half, and the sliilliug contains 12 pennyes, and a pound 20 shUHngs, and that in the 
originall Quadrata, ohulata, denariata, librata terrce, sc. J of an acre, J of an acre, 
the acre itself, solidata, 12 acres, librata 12 tunes 20 acres, sc. 240. 

VOL. I. L 



74 COe In'stori) of tht 

CHAP. " Hence the word fardella is rather to be understood of the 4t jjart of a \irgate of 
'- land, and to contain 5 acres, or sometimes more. 

" Acre. — 8. Acra from aceji, or ager ; it is a measured part of land formerly 
uncertain, but now by Stat, of 31 Ed. I. contains 8 score perchs, and by some is 
cald jugerum. Cmit II. cap. 14, if any deny to give liis Tyth as the comon 
use of al is, that is 10th acre, as the plow passeth over. 

" Ancinga. — 9. Is conceived to be a portion of land, 4 perches broad, and 
40 long, but this respects 10 feet Roman, or oui* acre. 

" Selio Terra. — 10. A part of land containing some imcertain fiiiTows. 
Sciant prces. 3Iarg. f. W. de Rylela (1) dedl Em f. mece 1 acra terrte, sc. 
6 seliones et dimid'm, (Know by these presents, that I Mai'garet, daughter of 
William de Ruly, give to my daughter Emma, one acre of land, namely six fiu'- 
rows and a half.) 

" Variety of Possessions. — 1. Tofta* is taken to be a place, where, in times past, 
stood mansio rustica, or country hous called Messuagium. And Reinerus sayth est 
genus lucis jmrmd: seu loci coiisiti arboribus minusculis. Hence we may observe, 
that Toftiuanni were either natives, or smal cottagers, or burgess, that had some little 
pai'cel of land belonging to their bm-gage, for we find it generally in some corporations 
thos Tofts to be under an acre of land, most comonly to be a 4t of an acre or therabout, 
on wliich, in al probability, in former times was the site of some smal hous. unto 
which was annexed some smal paixel of land, as afterwards cald a Toft, though at 
present the hous hath suffered dilapidation, or demolishment, and often in sucli 
ground remans the relics of some fruit trees or gai'den shrubs, of rose, curres, 
gosberye, in the hedges or the like. 

" Messuagium. — 2. Messuagiimi, or Massuagium, is Avhere Messce vel Masste 
negotium agitur domesticum (household affaii-s are conducted) for Massa est terree 
portio certis constans jugeribus, puta 20, {Mas, an old French law-term, is a portion 
of land, consisting of a certain number of acres, say 20), and messuagium chffers a 
massd ut pars a tola, (from massa, as a part from the whole), or as situs manerij a 
manerio est sella mansi, (the site of the manor from the manor itself.) Though 
Messuagium is properly sedes Massce (seat of the Mas) and ti'ansfen-ed ad hones- 
turn quoddam Domicilium sire prtedio (to some decent dwelling or farm) whence 
liliewise cedes urbicce (town residences) ai'e called 3Iessuagia. It is domus 
habitationis (a house of residence), but it is more remai'kable, habitatio cum aliquo 
fundo adjacentis, set apai't for the use tlierof. 

" Curtis. — 3. Sometimes taken pro area circa cedes — dommn novum curte et 
cedificijs. 

* A small p-ove. 



Countj) ^3alatine of iCanragtcr. 75 

" Curtilagium. — 4. It is curtis, mansio v. manerhmi inhabifanda, with lands, chap. 

... II. 

possessions, and other emohmieuts, to such a manor belonging. It is said to be ' 

adjunctus tali curti, ubi leguntur herha et olera, so cald from curtis and lego pro 

colligere. 

" Cassata, Cassamenta. — 5. It is habitaculiim cum terra idonea ad unam fami- 
liam calendam, (a Uttle dwelling-house, •m\\\ land suitable for the maintenance of a 
single family.) 

" Cassamenta est agreste habitacidum palis, grandiorihus virgidtisque contextum 
qidbus posset tueri a vifrigoris, as an Irish crate. 

" Cassati ai-e such as inliabit Cassatam, a.s well liberi as seri:i vassali Domini, and 
ai'e those that have suas (edes, suamfamiliam, sua peculia servos sen subserves quam- 
vis Domino lucrantes. 

" Haga. — 6. Domus in urbe vel oppido, qd. ex complicatis viminibus instar cratis 
rel sepis, fabricata, liaj. Saxonich sepes, Gal. hag, j in y conversa. (A house in 
the city or town, and so called because built with twisted osier twigs, wickers, or 
rods, like fences. Hag, a fence in Anglo-Saxon, becomes hag in French, the g 
being converted into g.) 

" Hamlet, Hall, Villa, Ham or Villa, — 7. Ham, often taken for house or 
suigl habitation, and likewise signifies plurium conjunctiones (the jouiing togetlier of 
many), for as the ancient Germans diversi colentes et discreti, (tilling separate and 
apart,) as Tacitus noteth, cald each several of their habitations a ham, and tin \)(ini, 
(o home, in modern German.) 

" But afterwards cohabiting together, they attributed that single word to a multi- 
tude, and so made use of ham and heim for \illa, oppido, ui-be, (village, town, city,) 
as now Pemvortham, Nottingham. 

" 8. Hamlet may be properly taken for part or member of a gi-eater villa, than for 
any vrUula per se existens* Observe the statute Exonise, 14 Ed. I. concerning the 
names of all Aillas and hamletts, cc. and a little afterwards. 

" That they order and make to come before them, which ai-e in each wapentake, 
hundi-ed, or francliises, out of every intu-e Aolla eight men, and out of every half ^iUa 
six men, and each hamlet four men, of the more sage and loyal men, and to declare 
befor the Lords of tlios WUas, demie lilies, and hamlets. 

" Villa intcgra et just a (a perfect and just villa) was the same -iritli Friburgiun, 
wliich contained at least ten capital Burgesses' pledges ; and a Demi villa either 
contained the half, or at least was less than a friburgum, but a Hamlet reached not 
the half of a free Burgum, where five capital pledges were not to be found. 

* Villa frequently signifies a town ; here, however, it is a village, and villula is the diminutive of 
villa. 

1,2 



76 Cftr H^isitorj) of ti)t 

CHAP. " Villa, vill, ^vith the antient Saxons, seems to be taken Romaiio sensii pro prcedio 

' tinius aUcitjus in rtire cum idoneis tsdibus ad reponend. ejusdem fnictus honestato, 
(in the Roman acceptation of the word, for some one's farm, with proper buildings to 
lay up the produce,) but now pro midtarum mansionum connexione quod in oppidis 
erpetendum, (for the connection of many mansions or buildings, which is to be sought 
for in towns.) 

" Services and Trihuts incident to Fees. — Tenere per Servitium (to hold 
by service) is, when any man Servitium Do suo Superiori, (owes service to his 
superior lord.) 

Serjantia, Seijeanty. 

MUitaris, Knights. 

" This service is either . . ^ s^^j^annei. Service of Soccomani. 

Elemosynariae, Elemosynaiy. 

" Serjantia, amongst the feodal services, is the chief and most illustrious, which 
owns no other patron but the kuig, and is either Grand or Petit Seijanty. 

" 1. Grand Seijanty is servitium militare (knight's service), whereby any one 
prcedia tenet de rege in capite, (holds of the king in chief,) on that condition, that 
some honorable service be perfonned by the person of the man either by himself or 
some other in his behalf, and is cald servitium militare, not because it is always 
performed in the wars, but after maner of military service, it ckawes hceredis custodia, 
maritagium et relevium, (wardsliip of the hen-, maritage, and relief), and of this 
sort are, 

" 1. To lead the king's army. 

" 2. To caiTy signum vexillum, hastam in ejus acie, (to caiTy the king's standard, 
banner, and spear in his anny.) 

" 3. To undergo the office of the king's marschal, constabl, or cliampion. 

"4. Vexillum regis infra 4 maria sequi, to attend the king's staudai'd into 
[upon] 4 maria (seas). 

-' Al degi-ees of peers, sc. Dukes, Marqs, Earls, Vicont, Barons, hoc tenentur 
servitio, (are held by this service,) nor are the lesser dutyes and offices which are 
performed to the king m the grand solemnity of the coronation, as 

" 1. To bare the king's sword, or other ensigns. 

" 2. To execut the office of senescal, camerarii (chamberlain), pincemts (butler), 
and other illustrious munera. Ther are many Seijantys that respect private persons, 
and not the king liimself, as those who ought to ride with the Lord from manor to 
manor, and thes are cald Rad-knights or Radmans. 



Counti) palati'nt of 3lanra6tci-. 77 

" 2. Petit Serjanty is muubered among those services that are caWed. Soccaffia, as chai'. 

when one owe a yearly bond to bestow upon the long some smal tilings, ad appara- '_ 

turn bellicum ; as Arcum, gladium, pugionem, hastam, chirothecas ferreas, calcaria 
aurata, sagittam, falcem, a bow, a sword, a dagger, a lance, gauntlet, gilded spurs, 
a barbed ai'row, or a quiver, etc. 

" Radnights. — 1. Thes were manyfeodal vassals, who were attendant on horsback, 
and solely to attend the Lord, and wayt upon him. Tlios Avere clients on horsback 
who did wayt upon his Lord and his Lady by compact agreed upon, and did attend 
upon liim as his guard cald by the Saxons Radknights, or attendants on horsback, 
as such at this day we call Reteyners. 

"2. But to greater Lordships, Baronys, and Manors, did antiently belong not only 
Radmans, but likewis Dapiferi, SenescalU, Camerarij, Pincerrue, Coqui, Bordarij, 
ViUari, Soc'tj et ancillcs. 

" Servitmm MUitare. — Milites sen Liberi Tenentes de feodo militare debent, 
(Knights, or Free Tenants by Knight's fee) ought, 

" 1. Esse in custodia, (to be in wardsliip,) if under age, ad 21 years. 

" 2. Relevare terrain, to pay relief after theu* farthere deues. 

" 3. Homagium facere, to perform homage and fidelity to their Lord. 

" 4. Maritari per dominum, to be marryd by the Lord's approbation. 

" 5. Dotari de tertio, to be endowed with the tliirds of theii* husband's estate. 

" 6. Soccagia prcestare, to perform their fealty and other dutys. 

" 7. Primogenitus succedit in toto. Tlie eldest son succeeds in the whole 
estate. 

" Tlios milites of gi'eater peers are sayd to hold their gi-eat fees in feodo Hauber- 
tico, and were to attend the king in liis wars, armed cap-e-pe. 

" Or, in feodo Loricato, according to the custom* of Nonnandy, and were com- 
manded to attend ad Banmim et Retrobannum, with perfect armes, i.e. a horse, his 
coat of mayle, his target, his lance, sword, and helmet, in the king's domaines for 
40 days, but of late times so long without the kingdom, and within, for 3 months, 
at theii" own charg. And such attendance and furniture was said of thos that 
found a Demi Lance. But whosoever in hostem bannitus fuerit, (was summoned 
against the enemy,) and did not come accordingly, payd liis full Heribannmn, soil. 
60s., or was to deliver liimself up ptro Vadio in the prince's service, until liis mult 
was satisfied, and retrobannimi was a 2d summons to the warrs. 

" Other milites hold ther fees in feodo scut agio, and cald thos that are of the 
Valvasinorum, and held j)er servitmm scuti, sc. per scutagiimi, (namely, by scutage,) 
and are not only cald scutiferi, but also armigeri quod Loricas induebant, and so 

* Kuerden has written custody. 



78 Clje W^tovn of m 

CHAP, were also cald Loricati, and were to attend tlie greater as Esquires, and beai- Ids 
armour, thence cald arinigeri. 

" For, observe in the Heriots of such Lords what provisions martial they provided 
for such attendance, and if thos made defect m then- attend, they payd their scuta- 
ffium to their Lord as a mulct for then* chsohecUonce. 

" Lorica was annulis ferreis conserta, (the armour cald Lorica was composed of 
iron rings,) and was cald Haubergeon quasi armatura milites, cald Hauerber, and 
transferd to al coats, by French coats of maile. Likewise ther was another sort of 
thos milites that held per feodum vexilare, (by banner-fee.) Such were Knight 
Banerets. 

" (Kniffht Banneret.) — Tliis knight was to appear in the army, ha\dng liis banner. 
He shal be led betwixt 2 other kts. before the K. or General, bearing his penon of 
armes in his owne hand, in the presence of the nobility and other captans. Then 
the Herald shal say to the K. or Gen. 

" May it pleas your Grace to understand, that this Gentleman hath shewed 
" himself in the field, and for so doing desei'veth to be advanced to the degi'ee of 
" a kt. baneret, as worthy from henceforth to beare a banner in the warrs." 



" Tlien the Idng shal cause the points of liis penon or guydon to be rent, and the 
new made shal go to Ids Tent between 2 other kts., the Trumpetts sounding al the 
way before him, ther to receive (qu. to pay) fees, \ddel : to the Herald 31. 6s. 8d., or 
if before he were a knight bachelor, then to pay also unto the Trumpetts 20s. Then 
ndght at least 25 knights attend on Idra. 

" A Baneret, and every Estate above him, may beai'e Ids Banner displayed, if he 
be a Captain, and set Ids annes therein. 

" A Banno Retrobanno. — Bannum, sometimes talcen for an EtUct or 
Proclamation towai'd the wars, is an order to the contrary for sm'cessing of the 
wars. 

" Heribannum, Haribannum, — Here signifyeth Exercitus, a mulct, when 
necessity compels Avars to be proclaimed against an enemy. 

" Heribannitus. — Amongst the Franks and Gemians it was a law, when the 
day and place were comanded, and accorchngly each man cald out to make Idmself 
ready, the tenant according to the custom of Ids fee, prepai'ed with horse and arms, 
lest for his absence he might be punished with the loss of Ids fee, al under the 
penalty of both, wldcli if he payd not in servitium jrrincipis mancipali sunt donee 
satisfaceret, (in the sendee of the Prince, Ids right and title should be suspended 



Coiinti) ^3alatmr of SLancaeitrr. 79 

until he gives satisfaction.) The full heribaunum was only payd hy thos who 61s. chap. 
aestimatus est (valued at £6.) and who were esteemed at 31s. payd only 30sh., and ' 

2ls. 20sh., of liiin esteemed at 20s. paid only 5s. 

" Arribannum, RETROBANNuai, was a mulct for being called ud bannum, 2nd 
time, sc. iterato erocato (again called out.) 

" SocMANRiA, or SOCMANNIA, — Is SO cald a Soca, qiue privilegium immunitatem 
et libertatem significat, unde venit terrarum ilia tenura apud nos possessionis soccagia 
dicta. Sumat hoc nomine qd. terra eo modo possessa sub certis scil. et nominatis servitijs 
aqtiibus cum aliis oneribus immunis fit et libera, (from soca, wliich signifies privilege, 
immunity, and liberty, whence comes that tenure of lands amongst us, called Soccage 
of the possession. Land possessed in tliis manner, and under tliis name, is exempt 
and free from certain named sendees, and other burdens.) 

" Libera Socmanria, and all such tenants, L [Noii] possunt dare vel vendere 
sed ad voluntatem Dni. (may [not] give or sell, but at the Lord's will.) 2. Nan 
aUenare certa servitia, (may not alienate sei-vices that are ascertained.) 3. Averinm 
masculum non vendere, (may not sell a male animal.) 4. Filiam non maritare nisi dat 
domino merchetam, sc. 3s. 4d. not to marry then- daughter, unless they gift the lord 
for merchet, 3s. 4d. 5. Filium omnino nonfacere clericum, (not to make their son a 
clergyman.) 

" Thes tenants are cald Free Socmanni. 1. They cannot give or sell without 
the Lord's good liking, lest the sen ices due to the Lord be extinguished, the tenant 
being reduced to poverty. 2. He cannot enfeof another by any other teniu-e or title 
than he hath, lest the senices be so extinguished. 3. He or his heir cannot be made 
a clergjnnau, nor take a religious vow, for then he cannot observe his fidelity to the 
Lord for defect of freedom. 

" Tributs incident to Knight Service Tenure. Heriot, or Herigate, 
ought to be payd or rendered back unto the Lord, the Tenements being now 
deprived of a person to attend the Lord in waiT, so that the tenant is now requii-ed 
to deliver up Ms wariike furniture, the better to provide liimself in the Interim, and 
not to be unfurnished; and when a new tenant is fit for service, to be reclaimed 
unto liira. 

" Warda. — Fees may return unto the Lord's hand for defect of service, as not 
to go to batl with tiie Lord, or for breach of fidelity. 

" Probatio iETATis, (Trial of Age.)* Assysa Com. Derby. Each person of the 
Town of Derby, of the age of 15 years, according to the custome time out of mind, 
may sell or give thefr tenement, and shal be esteemed of full age, when he knows 

* Previous to the abolition of wards and liveries, it was customary to try whether a king's tenant 
was of full age, by a writ of ^tate Probanda. 



80 Cftf ?Sie!toi-j) of tf)f 

CHAP, how to count 20sli. or measiu-e cloath, or weigh merchandise, and the like custome 
"• for a woman. Rot. 5 PI. de T. Pasc. Claus. G. E. I. 

" AssiGNATio DoTis. — DotaUum est usuj'ructus partis terrcB et bonorum mariti 
quam uxori propter miplias ut eo post suam mortem alatur. (DoAviy is the enjoy- 
ment of a portion of tlie land and goods of the liusband given to the wife in conse- 
quence of the marriage, that she may be maintained after his death.) 

" Maritagium — is sayd to be that the pupil or ward depends upon his feudal 
Lord for license to contract maryage or nuptialls Avitli any one. By reason of the 
feudal Lord having the wardship of an Infant, ought not to have a husband intro- 
duced to liis charg tliat might p'liaps be liis enemy; therefore he ought to give 
license or approbation for sucli tenant to marry. 

" Releuium. — Ingress or Introitus into the estate is when some honorable gift 
or perfoiTuance that a new tenant of fuU age, if he has been ward after the death of 
his ancestor, bestowed upon liis feodal, for obtaining of liis new inheritance ; becaxise 
at the death of the tenant the lands or fees seemed decidisse se, to ha-v e been taken 
into the Lord's hands until again redeemed with some small gift bestowed upon the 
Lord in token of subjection, that it might be lawful for heirs to new tenements to 
take up their a ill. 
Feudal " Fealty. — Particular fealty amongst tho English doth individually concentrat 

al tenui'es and dismissions for the shortest term, and now a days it is more spaiingly 
exercised, yet it can by no means be released sine tenuree interitu, (mthout the 
destruction of the tenure.) 

Ancient Oath of Fidelity (St. Edw, Conf. cap. 35.) — 

" Thou shalt swear from this day forward, thou shalt be faithful and loyal to our Sovereign 
" Lord the King and his heirs, and thou shalt owe to him faith and loyalty, of life and limb, and 
" al worldly honor, and thou shalt know neither of any evil or damage wliich thou to thy power 
" shalt not prevent. So help thee God." 

The Oath of Fidelity wliich all Tenants by reason of their fee shall take : — 

" I swear by God's Evangelists, that from this day forward I will bear faith to him as a 
" vassall to the Lord ; nor any thing that under the name of fealty is commanded of me will I 
" disclose to others to his detriment, to the best of my knowledge." 

" These six things included in the oath, according to those two verses, explaned. 

" Incolume et tutum ; sicut utile semper honestum ; 
" Possibile et facile ; et consule adfer opem." 

" Homage — Is a solemn, strict, and humble kind of service, that a man, by 
reason of liis tenure or fee, performeth to liis Lord. Each new successor into a 
feodal inheritance, is bound witliin a yeai- to appear before liis Lord, and unarmed. 



oaths. 



Countp palatine of Sanrastfr. 8i 

bai-eheaded, and falling down upon his knees, and liis hands held together within the chai*. 

hands of his Lord, sitting down as if he would worsliip him, shall speake to lum '. — 

after tliis manner : — 

" I become your man from tliis day forward, of life and limb, and terrene honour, I shal be 
" true and faithfuU to you, and I shal bear faith to you for the lands I hold of you, saving the 
" faith to our Soverain Lord the King and his heirs." 

" This having spoken, the Lord kissetli him, and the vassall standeth up forth- 
with. The tenant's hands being closed within the Lord's hands, signifyeth, as 
Bracton saith, lib. 2 cap. 35., on the Lord's part protection, defending, waranty, and 
on the Tenant's part reverence and subjection. 

" Civil Services — Is L to a])pear at the Lord's Manor Court, amongst other Civic ser- 
of his tenants. 2. To take recognizance of the affayres of the lordship. 3. Censum 
reddere (to pay liis rents). 4. Auxilia, operas, consuetudines usitatas prcestare, 
to pay liis rents, and to perform the aydes, boons, and usual customs. But care is to 
be taken in the statute of 18 Edw. I. tliat none after that time shall give lands to be 
held of hunself, but of tlie superior lord of the same, from the time that clause, scil. de 
vie et haredibus meis (namely, of me and my heirs) Avas no longer to be found in 
Charters. 

" Marcheta Mulierum. — Merch, in the Cimbric language, signifyed a daugh- Marcheta. 
ter or woman, and March, what is paid for the daughter's marriage. Alluding to 
the custom of Scotland, that both noble servants and mercenary women payd ther 
marchet — her maixhet shall be one heifer, or 3 slullings et rectum servieiiti, (and 
what is proper for the servant). The daughter of a freeman, not Lord of a Manor, 
shal pay one Cow or 6 slullings, servient. 3d. 2. Merchet of a Thain, 2 Cowes or 
12 sh., servient. 12d. 3. Eai'l's daughter, 12 Cowes to the Queen. Skenaeus sayth 
the Margat of a thein's or ogethern daughter, is twakids, or 12d. sc. 2 httle goats. 
This marchet or mulct by litle and litle spread over England, upon the maiiag of a 
bonchnan's daughter, but did not belong to any freeman's daughter.* 

ScuTAGiUM, EscuAGE. — The service as equally due unto inferior Lords, as to 
the King, obliging his tenants to attend the Lord, against the Welsh, Scotch, or 
French, in his wars for a certain munber of days at liis own expense ; and if not, a 
pecuniaiy ayd to be contributed, but who attended the K. were in pai-dons or par- 

* Kuerden, or rather Spelman, speaks in allusion to the custom of Scotland, which is thus 
described by Buchanan: Malcolm, who reigned in 1057, is said to have procured, at the entreaty of 
his wife, that law of king Eugenius, by which nobles were entitled to sleep with the bride of his vassal 
on the wedding night, and obtained for the husband the privilege of redeeming it by paying half a 
mark of silver, a fine still called Mercheta Mulierum, payable to the lord on the marriage of a tenant's 
daughter. — Hist. Rer. Scot. lib. vii. cap. 21. 

VOL. I. M 



82 €i)t 1l?i5torp of ti)t 

CHAP, doned, and were to have a Scutagium from tlie tenants. Tliey were scutiferi, and 
' attended not on the Lord in the field. 

" Libera Socmanria. — The Oath of Fealty for Soccage Tenui-e, 17 Edw. IL 
was as follows : — 

" Hear me, my Lord K., I, A. B. will bear faith and loyalty to you for the lands I hold of 
" you, and I will justly performe the Customes which I ought to do to you at times appointed. 
" So help me God, and his holy Angels." And so shall kisse the Book. 

" Socmanria, Coteria, Customarij. — Curtillum est parva curtis prcedictam 
signat rusticam cum adscriptitis pr<Bdijs, (Curtillum is a small cm-tis (house) Tvith 
lands attached to it.) Curtis est mansio ad inhalntandum cum tcrris et imssessionihus 
pcrtinenfihus, (is a small house to dwell in, with lands and possessions belonging to 
it.) And the inhabitants are cald cottarij or nativi, who have country habitations at 
the Lord's pleasure, and ai"e cald customary tenants, and hold in Bondagio per 
voluntatem curice seu manerij, (in Bondage by the will of the Court or Manor,) or in 
villenage, wliich properly signify the service due from a villain, i.e. conditloni colo- 
nario pro vel vide adscriptio glebes* 

" Nativus — Is taken from liim that is born Servus. 

" BoNDi — Are those qui pactionis vinculo se astrinxerunt in servitutem, (who 
have tied themselves to servitude by a bond of agreement,) for Bondi, in Latin, 
vinculum (a bond), Bondi are quasi astricti nuncupantur, (are so called as if bound.) 
Extent. teiT. et tent Dom. D. Lane, 26. Edw. 3. Altcar. 

" Villani — are those qui glehce ascripti, (who being ascribed, enrolled, or 
registered of the glebe,) till the Lord's domains ; nor can depart from thence without 
the Lord's pennission. They ai-e called villani from their Uying in the country, and 
they for the most part are exercised in operibus sordidis. 

" Nativi. — Most of the nati\i held a small quantity of land, thereupon cald 
cotarij (cottagers), for wliich yeai-ly they paid a rent, as likewise jjro operibus falca- 
tione pratormn Domini, (for performing services in mowing the Lord's meadows,) 
and pro focali ad donium seu aulam Di, pro casis ad maremium pro cBdificiis domorum 
aut castri dni, (for firing (fuel) to the house or haU [to bring] timber for the building 
of the Lord's house or castle) ; neither cold they many theii* daughter, or suffer their 
son to be shorn a monk — he shall be praepositus (perhaps overlooker, in this place) 
of liis Lord's manor rustic, when he is elected thereunto, requiiing nothing for his 
pay. They are to plow, haiTow, reape the Lord's corn, and bring it to liis barn, and 
pay marchet for theii* daughter's marriage. 
Drenches. " DRENCHES ad soccagium pertinent, (Drenches belong to soccage,) Domesday 
Book, Cestrescer, (between Ribble and Mersey.) Rogerius Pictavensis tenuit 

* Not intelligibly quoted. 



Coiintp ^aalatinr of aanrastrr. 83 

Newton- Hnjtis manerii aliam terram XV homines quos Drenches vocabunt. chap. 

In villa de Walinton, and to that Manor, belong 34 berewicks. It is manifest, L 

that these Drengs were e grege rassallonnn et servorum domeslicorum, (of the 
tribe of domestic vassals and serfs,) wliich at tliis day are called amongst the 
Danes in the singular number Dreng, and in the plund Drenge. According to 
Tacitus, Drenges were not inconsiderable persons. Each of them in Domesday 
Book possessed a Manor.* Edwin de Sliii-burne, and some others, who were ejected 
e terris suis (from then- lands), went to the Conqueror, and told liim that they, 
neither before the conquest, nor afterwards, did oppose the King by then- counsel or 
aid, but kept themselves in peace, and this tliey were ready to prove. Whereupon 
the king caused an inquirendum to be made thi'oughout all England, whether it was 
so ; and indeed it was proved. Whereupon the king commanded that they should 
be restored to theu- lands, and doni[inatlon^es adeo integre et in pace nt unquam 
habuerunt vel teniierunt ante conquestum suum. Et quod ipsi in poster umvocarentur 
Drenges. (Domains as completely and peaceably as ever they had or held them before 
the conquest. And that they (the owners) should for the future be called Drengs. 
But it is to be understood, that all they and their ancestors, who were of the class 
of Drengs, either held by Drengage tenure, or had dwelt upon then- paternal estates 
previous to the coming in of the Normans. These Drenches held each a manor, called, 
" Bereuuica, or Berewick. — Bereuuicha, Berewicka, Berewichus, Berewick, 
all signify the same, and most of them a Manor, or rather part of a Manor, a corpore 
dissitum (distinct from the body), Villida vel Hamleta Manerij seu Domiuij (the 
village or hamlet of a Manor or Domain), a lesser Manor belonging to a gi'eater. 
Berewichi were not placed in the heart of a Manor, but either on the confines, or 
sometimes they were Manors disjoined. Sometunes they seemed to be Manors stiis 
partibus absoluta (perfect in theii- own parts), and containing many carucates of land, 
various ser\ices, many liheri homines, socmanni, BordariJ, vil Ian i, according to Domes- 
day Book. And to some capital Manors belonged many Berewicks, Domes. ' Our 
King held Chideminster with 18 Berewicks.' Domesday, Titulo Cestreshire (between 
Ribble and Mersey). Rog. Pictavensis Newton; hiijus Manerij aliam terram 15 
homines quos Drenches vocabunt pro 15 manerij tenebant, sed hijtis manerij Bere- 
wicks erant, (Roger de Poictou held Newton. Fifteen men, whom they called 
Drenches, held other land of tliis manor, for fifteen manors, but they were Bere- 
wicks of this manor.) From wliich it appears, that splenchd Manors qiiee a majori 
aliquo tenebantur, (wliich were held from some ancestor,) were called Berewicks, and 
had sometimes within themselves maneria minorum, sc. Dominicorum sedes et 
patrimonia, (manors of the smaller domams, viz: — seats and patiimonies.) 

* See Newton Hundred, Domesday. 
31 2 



84 CI)f Historp of tfje 

CHAP. " Those fanners of these Berewicks resembled those foster-fathers, or niu'se- 

" dads, as they are called in the country parts. The custom of Drengage tenure 
being to provide meat and drink or food for their Lords, nurse cliildi-en, wash 
horses and dogs, and for this duty might well, according to the Saxon language, be 
styled Drenches, like nursing-fathers; and so might these Berewicks in some 
measure resemble releefs. These Drenches were a kiud of Socmanni, having land 
set apart for them as husbandmen, who proportionally, according to their tenements, 
should render unto their Lord some fruits of then- labours, sc. corn, vestments, and 
victuals, and other necessaries for tlieir Lord's use ; and in time of war, victuals and 
clotliing for the soldiers, and were so freed from military services in their own 
person, wliich gave occasion to the Conqueror to restore their lands, having not any 
wise opposed biTn before or after the Conquest."* 

* For the Capitanei Regni, and the offices and duties belonging to theii' fees, see Chapter III. ; 
and for the Earls Palatine, the Counts Palatine, the Shyregereve or Sheriffs, see Chapter IV. 



Countj) |3alatiite of I.ancaeittr< 



85 



Cijap, Mh 



Conduct of the Conqueror. — Unsuccessful revolt m the North against his authority.— York superior 
to London (Note). — Proscriptions. — Early manners. — Renewed insurrection. — City and cathedral 
of York destroyed. — William marches again to the North. — Fate of Earls Morcar and Edwin. — 
Tremendous infliction.— Royal grant.— The Conqueror's dealings with the clergy.— Domesday 

survey. How formed. — ^The name of Lancashire not in the Domesday Book. — Perpetual use of 

this memorable survey. — Latin and English versions of it. — Observations of the Domesday Book. — 

■jlianes. Ethlino-s. — Aldermen.— The honor of Lancaster. — ^The Norman barons of Lancashire. — 

Their stations. Pedigree of Roger de Poictou, the first Norman baron of the honor. — The 

honor forfeited by Roger. — Conferred on Ranulf, the third earl of Chester. 




CHAP. 
III. 



O sooner was the Norman conqueror seated on the 
throne of England, than he hegan to exercise the 
power of conquest with all the rigour wliicli the Conduct 
jealousy of liis own niind, and the insubordinate queror. 
disposition of his new subjects, dictated. The doc- 
trines inciUcated by Macluavel, in liis instructions to 
conquering princes, were practised by William of 
Normandy in England, five centuries before they 
were promulgated by the Italian poUtician. He left 
no art untried, to root out the ancient nobility, to 

curb the power of the established clergy, or to reduce the commonalty to the 

lowest state of penury and dependence. 

Earls Morcar and Edwin, who had so successfully resisted the tyrannical power Unsuc- 

rp • cessful re- 

of earl Tosti, were among the first to revolt from the yoke of the tyi-ant. 1 o give voit in the 
eflFect to their resistance, they raised forces in Lancashire and Cheshire, as well 
as in the other northern counties, and fixed upon the celebrated Northumbrian 
capital, the city of York, then amongst the fii-st cities in the kingdom, superior even 



86 



€l)t W^tOYv of tht 



CHAP. 

III. 



Proscrip- 
tiuns. 



Early 
manners. 



to London,* as their strong hold. This alanning revolt the Conqueror hastened to 
subdue ; and such was the violence of his rage, that, on liis way to the north, he 
swore repeatedly, by the " splendour of God," that he would not leave a soul of the 
insui'gents alive. The strength of the Saxon barons was increased by the junction 
of a hu'ge force under Betliwm, king of North Wales. Preliminary to liis amval, 
WUHam had suspended Morcar, and appointed Robert de Comyn, a Norman baron, 
to the eai-ldom of Northiunberland. The orders given to Robert were, to subdue 
the refractory spiiit of the people, without regard to the shedding of blood ;* and a 
guard of seven huncked men was placed around his person. The intrepid Northmn- 
brians, roused by a sense of theii- own wrongs, and by the incUgnity offered to the 
eai-1 Morcar, rose in open insurrection, and put to death the Norman, with every 
incUvidual composing his guard. The first measure taken by William, on liis arrival 
at York , was, to offer mercy to the insurgents, on then- submission to liis authority ; 
and the chiefs, finding themselves unequal to contend Avith the power that was 
brought against them, accepted the proffered clemency. The eai'ls Morcar and 
Edwin, accompanied by Gospatric, and Edgai* Atheling, theii' lawfid prince, fled into 
Scotland under the protection of king Malcolm. 

Unmindfid of that general amnesty wluch he had offered, the Conqueror directed 
the most sevei'e proscription against the Saxon inliabitants of these regions, hundreds 
of whom fell under the cruel inflictions of the Normans. The Saxon Clironicle, in 
recording the iiitercom'se which arose between the members of the fugitive English 
nobles and the Scotch court, exhibits a striking instance of the manners of the 
times. " Then," say the clu'oniclers, " began king Malcolm to yearn after the cliild's 
sister Margaret to wife, (that is, the sister of Edgar Atheling,) but Atheling and all 
his men long refused ; and she also herself Avas averse, and said, that she would 
neither have him, nor any one else, if the supreme Power would gi-ant, that she, in 
her maidenhood, might please the Almighty Lord, Avitli a carnal heart in this short 
life, in pure continence. The king, however, earnestly urged her brother, till he 
answered. Yea. And indeed he durst do no otherways, for they were come into his 
kingdom * * * * Tlie kmg, therefore, received her, though it was against 
her will, and was pleased with her manners, and thanked God, who in liis might 



* " Ye shaul understaund, that in those dayes the Cyte of London had much building from 
Ludgate towards Westminster, and little or non wher these or part of the Cyte is now, except that in 
diverse places stoode housing ; but they stoode out of ordere. So many Townes or Cytes as York, 
Canterbury, and diverse othere in Englande, passed London for buylding in those dayes, but after 
the conquest it increased, and shortly aftere passed all others." — J. Haudynge, floruit temp. 
Hen. V. 

* Wal. Hemingford, Canon of Gisburgh. 



Couutj) palatine of i.anrasitn% 87 

had given him such a match. He wisely bethought himself, as he was a prudent chap. 
man, and turned liimself to God, and renounced all impiety ; accordingly, as the " 

apostle Paid, the teacher of the Gentiles, saith, ' Salvabitur vu- infidelis per mulierem 
fidelem; sic et muUer iniideUs per \ii-um fidelem,' &c. Tliis queen aforesaid 
perforaied many useful deeds in tliis land to the glory of God, and also in her royal 
estate she well conducted herself, as her natui-e was. Of a faithfid and nohle king 
was she sprung. Her father was Edward AtheUng, son of king Edmund ; and her 
maternal kindi'ed goeth to the emperor Henry, who had the sovereignty over Rome ; 
and from tliis man-iage a long race of Scottish Idngs of Great Britain, lineally 
descended." 

To guard against a sui-prise, the Conqueror caused numerous castles to be 
erected in the north of England ; and in the city of York two castles sprung up 
under the direction of the Normans. These precautious were not confined to inland 
fortifications; they extended also to the coast, and the castles of Lancaster and of a.d.ioto. 
Liverpool, on the Lune and the Mersey, were both erected diu-ing the early part of Lancaster 
the Conqueror's reign, by Roger de Poictou, one of the most cUstinguished amongst pooi^'cas" 
the Norman bai-ons. Notwithstanding the severity practised by William on the g^f '^''*'^'" 
suppression of the first insurrection, he allowed the earls Morcar and Edwin to 
retain their estates in Lancasliire, Yorksliii-e, and Cheshire, though he extended the 
rigours of confiscation over the lands of many of their followers. The forfeitures, 
attainders, and other acts of violence, soon produced another insurrection. The 
inhabitants of York, rising in arms, slew Robert Fitz-Richard, the governor,* and Renewed 
besieged in the castle WilUam Mallet, on whom the command had devolved. At tion. 
this jmicture two of the sons of king Sweyne, A\itli two huncbed and forty ships, 
anived from Demnark, under the command of duke Osborne, brother to the king. 
Tlie troops disembarked on the bank of the Humber, where they were met by Edgar 
AtheUng, and eaids Waltheof and Gospatric, Anth large le\ies of Northumbrians 
from Yorksliire, Lancasliire, Cumberland, and Durham, " riding and marcliing," 
says the Saxon Chi-onicle, " full menily, towards York." 

The Nonnan governor, that he might the better provide for the secmity of the a.d.iogo. 
citadel, and prevent the insurgents from finding a lodgment under the walls, set fu"e The city of 
to the subiu-bs. The consequences of this liazardous expedient Avere most tenific. stioyed. 
The wind wafted the flames to the city, and the conflagi'ation spread with such 
uncontrollable fury, that a great number of the houses were consumed. The ancient 
cathedi-al, amongst the most renowned in the kingdom, was burnt to the ground ; and 
with it was consumed, to the in-eparable loss of learaing, the celebrated library, accu- 
mulated by the learned Alcuin, about the year 800, under the auspices of arch- 

* Order. Vital, p. 512. 



88 Clje ?i)l£itOl-J) of tl)t 

CHAP, bishop Eebert. On this fatal day, the ancient splendour of York was obscured, and 
III . 

' the sun of that city's glory has never since shone forth with its former brightness. 

The enraged inhabitants, incited to desperation by this incendiary act, rose against 
the governor ; and, being joined by the Danes, and the insurgents from the adjoin- 
ing countiy, who were already at the gates, they carried tlie castle by assault, and 
put all the garrison, consisting of tlu'ee thousand men, to the sword. The flame of 
insurrection, lighted up amongst the brave Northimibrians, spread into other parts of 
the kingdom ; but the king, well aware that the most imminent danger existed in the 
William counties of Yorkslm-e and Lancasliire, determined to march once more against them, 
again to and, placing himself at the head of a 2)owerful ai-my, he left London, to take his 
revenge upon the insurgents. By common consent, earl Waltheof was appointed 
governor of the city of York by the Saxon biu'ons, while the Danish general took 
up his intrencliments between the Humber and the Trent, in order to keep the 
Normans in check. 

On the arrival of WUliam and liis army before York, he sent his summons to the 
governor, offering liim clemency, if he sm-rendered promptly ; but threatening the 
most terrible vengeance, if he attempted to witlistand liis authority. 

Finthng himself placed between two armies, the Danes and the Anglo-Saxons, 
he had recourse to an expedient; and, by tlie force of bribes offered to Osborn, the 
Danish general, accompanied by a permission to plunder the people on the coast, 
whom he had come to protect, the perfidious Dane was induced to re-embark, and to 
retiu-n with his aimy to liis own countiy. Deserted by his allies, Waltheof was left 
to rely solely upon the valour and constancy of his own men, and upon such supplies 
as they could obtain secretly from the surrouncUng country. AVilliam pushed on the 
siege with Aigour, and was not less vigorously resisted. A breach ha\Tng been made 
in the walls by the engines of the besiegers, the governor himself being a man of 
prodigious might and strength, stood single in the breach, and cut off the heads of 
several Normans who attempted to enter.* For six months the siege was sustained, 
and the struggle was sanguinaay and exliausting ; and it was not till William had 
reinforced the besieging army again and again, that he gained possession of the 
city. Famine at length effected what force could not achieve; and William not only 
promised forgiveness to the governor, but also the most reasonable tenns to liis troops, 
on the condition of surrender. Under the influence of that atlmiration which bravery 
inspu-es amongst the brave, the Conqueror gave to Waltheof liis niece Judith, 
daughter of the countess Albemarle, in maniage, and created lum also earl of 
Northumberland. The reconciliation was only temporary. William, impatient of 
oiiposition, brought the gallant earl to the block, on account of another conspiracy, 

* William of Malmsbury. 



Comitp ^3alatinc of Sanragtn-, 89 

and this was the first nobleman whose life was terminated in England by deca- chap. 
pitation. 



Eai-ls Morcar and Edwin, no longer able to sustain their own dignity, or Fate of 
to preserve the public rights, quitted the seats of their eai'ldoms in Northum- rarand"'' 
bria and Mercia. Edwin, in attempting to make his escape into Scotland, 
was betrayed by some of liis followers, and killed by a party of Nonnans, to the 
deep affliction of the men of Lancasliii-e and Cheshu-e, where the ardour of his 
patriotism, and his personal accomplishments, had gained all heai-ts; while earl 
Morcai- was throwii into prison, and consigned to future obscurity. Lucia, the sister 
of the earls Morcar and Ed^rin, was presented in marriage to Ivo Talbois, the first 
baron of Kendal, who came over -with the Conqueror. Tliis baron was distin- 
guished by the favour of his prince, who granted to him that part of Lancasliire 
which adjoins to Westmoreland, as well as the confiscated lands of his wife's brother 
in Lincolusliii'e. 

William viewed the inhabitants of this district as the most fonrddable Tremen- 
enemies to liis power; and in order to satiate liis rage, and to prevent further flictio'n. 
resistance, he razed the city of York to the ground; and with it fell many of 
the principal nobUity and gentry, as well as the humbler inhabitants. Nor did 
his implacable vengeance rest here ; he laid waste the whole of the fertile countiy 
between the Hiunber and the Tees, a distance of sixty miles, so that, for nine 
years afterwards, neither spade nor plough was put hito the gi'ound.* If any of 
the wi-etched inhabitants escaped, they were reserved for a more lingering fate, 
being forced through famine to eat dogs and cats, horses, and even human flesh. 
So unsparing was the destniction, that the inhabitants could scarcely recognize 
then- o^vn lands ; and when the Domesday Book was compiled, though the survey 
was not conunenced till ten years afterwards, many townships remained uncul- 
tivated, wliich is the reason why Wasta so often occurs in the Domesday .Survey 
of Yorkshu-e. In that part of tliis ancient document which concerns Lancasliii-e, 
the returns are principally made, though not under the head of a distinct county ; 
and a presumption naturally arises, that the Conqueror's severity was practised 
with less rigour between the Mersey and the Duddon, than between the Humber 
and tlife Tees. In the north of Lancashire, included within the ancient hmits 
of Richmondshu-e, several vacancies are found; and in the south-eastern pail 
of the district, between the Kibble and the Mersey, the scanty return of names 
may be accounted for, by the vicinity of that part of Salfordsliii-e to the devoted 
county of York. 

* Malms, p. 103. Knighton. Ingulf, p. 79. Sim. of Diir. p. 199. 
VOL. I. jj 



90 



Cftf ?}isttirp of tbe 



CHAP. 
III. 



Royal 
L'rant. 



An act of state, issued by the Conqueror while he was in this part of the king- 
dom, is alike curious for the freedom of style, and the comprehensive brevity of the 
conveyance. The gi'ant is in these words : — 

" i^go ©ulirlinuis, rognomtnr ^Sastarlruis, tro rt ronrrtio tifit ^latto, nrpoti 
mro, Ijritanir rontitt, ft i)rrrtitliu0 tui0 in prrprtuum, omnrsi iUiie Uillae 
rt tnra0, que nuprr furruiit romttte iSiiluini in iSIioraeriria ; rum forttis 
ittelitum rt rrrlrsiiie, rt altisi lifirrtatttme rt ron0urtittrtnttiu0, ita liftrrr 
rt i)cnorifirr strut i&rni l£liU)tnu$ ra truuit.— dat. in oftsitiionr roram 
riDttatr ijdorari." 




m iiiiin 







In this way nearly two hunch'ed manors and to\vaisliips were transfeiTed, by a dash 
of the pen, and an impression of the seals,* from the unfortunate Edwin earl of 
Mercia, to Alan earl of Britany, and afterwards of Richmond. 

It is due to the fidelity of lustory to observe, that tlie epithet " Ego Gulielmus, 
cognomine Bastardus," casts a suspicion on the authenticity of this grant, tliough 
adopted by Camden and Sir William Dugdale, as well as by all our early antiqua- 
ries, and the learned Roger Gale does not hesitate to pronounce it a monkish fabri- 
cation.-j- In confinnation of the uiternal evidence of forgerv, it will be remarked, 



* It was the practice of the Conqueror to use two seals, one of them indicating his sovereign 
power in England, and the other his ducal authority in Normandy. 

t Et in lautre Tanfeld devant le Conquest, avoit Torkil une manoir, Ic quel apres le temps dii 
Conquest avoir et tenoit Alan Fergant, Conte de Bretagne et de Richmonde, par voie de Conquest, 
a soit quod onque, nulle chastelle estoit en lieu ou ore est Richmonde assise : mais le lieu estoit 
appeller les terres de Fountenay, avec tout le territoire par les boundes ou la villa est au present. 
Apres Alan son frere et heir founda et edifia une chastel et lappella Richemont. — Gale Hon. de Rich. 
App. p. (31. 



Counti) ^aalatiiif of ILaiuasitfr. 91 

that the alleged act of state gTaiits the lands " ita libere ct honorifice" as the chap. 
fonuer possessor had them, though, during the Saxon period, they had been L_ 



geldahle, and they were now exonerated from all burthens. The conduct of the 
Conqueror towards the English priesthood had probably stunulated the original 
inventor of the document to resent the severity practised towards liis order, by 
attacliing a tenn of opprobrium to his name ; and the error has been perpetuated 
by the supposition, that the first earl Avas the same person as Alan Fergeaunt, dulie 
of Bretagne. The frequent occurrence of the name of Alan, which appears thrice in 
the pedigree of this family, within two generations, has tended materiidly to increase 
the perplexity; but, accorchng to Gale, Alan Fergeaunt liad no interest in the 
earldom of Richmond. He had, however, a brother Eudo, who had six sons, all of 
whom, excepting Geofiiey, the eldest, appears either to have accompanied the 
Conqueror in liis expedition to England, or, being then too young, subsequently 
partook of liis bounty, or that of their elder brethren. 

Whatever suspicion may attach to the grant made to the Earl of Richmond, it is 
clear that the Conqueror placed all the land of the kingdom imder that system of feudal 
tenure, which had already been partially introduced under the Saxon dynasty. These 
possessions, Avith very few exceptions besides the royal demesnes, were divided into 
baronies, wliich were conferred, Avith the reservation of stated services and payments, 
on the most considerable of the Normans. The great barons, Avho held of the crown, 
shared out a large part of the lands to other foreigners, avIio bore tlie names of 
knights or vassals, and who paid tlieu' lord the same duty and submission in peace 
and in war, which he himself OAved to liis sovereign. The whole kingdom contained 
about seven hundred cliief tenants, and 60,215 knights' fees;* and as none of the 
English Avere admitted into the fii-st rank, the few who retained theii' landed posses- 
sions were glad to be received under the protection of some poAverful Norman baron, 
though at the cost of an oppressive burden on those estates which they had received 
as a free inheritance from tlieii* ancestors.f 

Having broken the spiiit of the laity, the Conqueror now proceeded to aj^propriate The Con- 
a large share of the enormous property of the clergy to his own use. The first step deaiTn'gs 
he took for the attainment of this object, was to seize not only all tlie richesj and dergy!'*' 
valuable effects Avhich the English had lodged in the religious houses tliroughout the 
kingdom duruig the troubles; but even the charters, sluines, and treasures belonging 
to the monasteries themselves, resolving at the same time that none of the English 

* Order Vitalis, p. 523. 

t The drenches mentioned in the Domesday Book, " Newton Hundred," were probably of this 
number. 

t Sim. of Dur. Ann. of Waver. Chron. Spot. p. 114. 



92 €i)t li£it£ll|) of t\)t 

CHAP monks or clergy should ever be preferred to any of the vacant sees, and that those 
' who already possessed them should l)e stripped of then- dignities. In consequence 
of tliis resolution, Stigand, ai'chbishop of Canterbury, was removed fi-om his episcopal 
office on various groundless pretences, but without the colour of justice. Adch'ng 
cruelty to injustice, William imprisoned the deprived prelates, and kept them in con- 
finement all the rest of then* lives. In our province, the Idng, during the feast of 
Pentecost, named Thomas, a canon of Baieux, to the see of York. The principles he 
had adopted in Normandy he introduced into England, and seemed quite ready to 
act upon the determination he had made in the former country, namely, " that if any 
monk, who was liis subject, should dispute liis will, he would cause liim to be hanged 
forthwith." In Saxon tunes, the clergy, not only in this province, but througliout tlie 
nation generally, held their lands and possessions by a different tenure from the 
laity, called Frank- Almolgne, subject to no secular service, to no rents or imposi- 
tions, but such as they consented to lay upon themselves in their councils or sjaiods, 
which privilege they had extorted, as we have already seen, from the superstition of 
Ethelwulf.* Their estates, derived fi'om the bounty of the Saxon kings and their 
nobles, were so gi-eat, that they possessed more than a third pai't of the kingdom ; 
the computation being that of the 60,215 knights' fees, the clergy held 28,015,'|' 
exclusive of their plate, jewels, and various other treasures. With such enormous 
riches at their disposal, they became unduly powerful ; and William, jealous of that 
power, and suspicious of their fidelity, reduced all their lands to the common tenure 
of knight's service and barony. The new prelates were required to take an oath of 
fealty, and to do homage to the king, belbre they could be achnitted to their tempo- 
ralities ; they were also subject to an attendance upon tlie king in liis court baron, to 
follow him in his wars with then" knights and quota of solcHers, to pay liim their usual 
aids, and to perfonn all the other services incident to the feudal tenures. Tlie 
clergy remonstrated most bitterly against this new revolution, equalled only by tlie 
revolution which took place in church property and ecclesiastical power, in this 
country, five centuries afterwards; but WUliam, like Henry, was inexorable, and 
consigned to prison or to banishment all who opposed liis will. Wliile the power 
of the clergy was thus curtailed, that of the barons, who were now cliiefly Nor- 
man, was increased. In theii- manors they had absolute jurisdiction; tliey gave 
laws and achiimistered justice in their courts baron to their vassals; and suits 
between the tenants of (hfferent lords were tried in their hundred, or county 
courts, whUe the king's courts took cognizance only of those between the barons 
themselves. I 

* See chap. ii. p. 44. t T. Sprott. Chron. p. 114. 

I Carte's Hist. vol. i. p. 421. 



Coiintp palattnr of aamaster. 93 

By a synod held in Loudon, the precedency of the hishops was settled, accordin"f chaf. 

Ill 
to the priority of then- consecration, except ^rith regard to such sees as had particular '__ 



pri\-ileges annexed to them. Hitherto the hishops had resided in small towns or a.d. 1075. 

\-illages, for the purpose, as was alleged, of sacred retirement ; hut at this synod it 

was determined, that the see of Litchfield, in Avhich chocese the county of Lancaster 

was at that time included, should be removed to Chester. It was now ordained for 

the first time, " that no bishop, abbot, or clergpuau, should judge any person to the 

loss of life or limb, or give lus vote or countenance to any otlier for that pui-pose;'' 

and to comply with tliis canon, tlie prelates have ever since mthdi-awn from the 

House of Lords in such cases, satisfnng themselves with entering a protest in favour 

of their right, mthout exercising it.* 

The actirity of William's mind suggested to him a great national work, wliicli xiie 
^vill be held tluoughout all ages as a redeeming feature in his life, and mtII serve to sur"e^^^ 
ti-ansmit his memory with veneration to posterity. " After the syiiod," says the 
Saxon Clu-ouicle, " the king held a large meeting, and very deep consultation \rith 
the council, about this laud ; how it was occupied, and by what sort of men. Then 
sent he liis men over all England into each sliu'e, coimnissioning them to find out — 
' How many hundreds of hides were in the shii-e, what lands the king liimself had, 
and what stock upon the land ; or what dues he ought to have by the year from the 
shii'e.' Also, he commissioned them to record in wiiting, ' How much land liis 
ai'chbishops had, and liis diocesan bishops, and his abbots, and his eai'ls ; what or how 
much each man had, who was an occupier of land in England, either in land or 
stock, and how much money it was worth.' So very narrowly, mdeed, cUd he com- 
mission them to trace it out, that there was not one single hide, nor a yard of land ; 
nay, moreover, (it is shameful to tell, thougli he thought it no shame to do it,) not 
even an ox, nor a cow, nor a swine, was there left, that was not set down in his 
writ. And all the recorded particulars were afterwards brought to liim." 

That uotliing might be wanted to render this record complete, and its authority How 
pei-petual, the survey was executed by NoiTuan commissioners, called " the king's '^"'■'"*^'*- 
justiciai-ies," consisting of nobles and bishops, actmg under royal appointment, and 
associated, probably, ^ith some of the principal men of each sliii-e. The inquisitors, 
upon the oaths of the sheriffs, the lord of each manor, the presbyters of every chmxli, 
the reves of every huncbed, the bailiffs and sLx villains of every A-illage, were to 
inquii-e into the name of the place, Avho held it in the time of Idng Edwai-d, who was 
the present possessor, how many liides in the manor, how many carucates in 
demesne, how many homagers, how many villains, how many cotarii, how many 
servi, what free-men, how many tenants in soccage; what quantity of wood, how much 

* Brist. Monast. p. 33. 



94 CI)f W^tovv of tl)r 

CHAP. mca<low and pasture, what mills and fish-ponds ; how much added or taken away, 
' wliat tlie gi'oss value in king Edward's time, and how much eacli free-man or soc- 
man had or has. All this was to he triply estimated : first, as the estate was held in 
the time of the Confessor; then, as it was bestowed by king William; and, tliirdly, 
as its value stood at the formation of the survey. The jurors were moreover to state, 
whether any advance could be made in the value. 

The exact time occujiied in taking the whole survey of the kingdom is differently 
stated by historians; hut tlie probability is, that it was commenced A.D. 1080; and it 
is evident, from the insertion at the end of the second volume, that it was completed 
in 1086.* The following passage from the register of St. Mary, Worcester, pre- 
served amono'st the Cotton MSS. exhibits the manner in which the returns were 
collected and made : — 

" In vicecomitatu Wiraceastre habet S. Maria de Wimceastre unum hundi-e- 
dum, quod vocatur Osvaldeslaii, in quo jacent 300 hida;, &c. Hoc testimonium 
totus vicecomitatus Wiraceastre, dato sacramento jusjurandi firmavit, exhortante et 
adlaborante piissuno et prudentissimo patre D. Wolstano episcopo tempore regis 
WUlielmi senioris, coram principibus ejusdem regis, Remigio scilicet Lincolniensi 
episcopo, et comite Walters Giffardo, et Henrico de Feriers, et Ada fi'atre Eudonis 
dapiferi regis, qui ad inquirendas et describendas professiones, et consuetudines 
tam regis quam principum suormn, in hac provincid, et in plurimis aliis, ab ipso 
rege destinati sunt eo tempore quo totam AngUam rex describi fecit, &c." 
The name It is remarkable, that in this survey the name of Lancasliire does not occur ; but 
shire not that part of it which lies between the Ribble and the Mersey is surveyed in Cheshire, 
day."""'^' wliile the northern part of the county, incluchng Amounderness and the Hundred 
of Lonsdale, north and south of the Sands, is comprehended in Yorksliire. It has 
already been stated, that Northumberland, Cumberland, Westmoreland, and Dur- 
ham, are not described in the Domesday Book ; but the south of Westmoreland, and 
part of Cumberland, are included in the West Riding of Yorkshire. The devasta- 
tion made by the Conqueror in the three most northern counties of England, 
rendered it impossible to take an exact survey of that (Ustrict ; and the retura in 
Amounderness, that " sixteen of the villages in this hundred have few inhabitants, 
(how many is not known,) and tlie rest are waste," sufficiently indicates that the 
hand of the spoiler had lain heavy upon this Hundred. The absence of a return for 

* Anno Millesimo Octogesimo Sexto. Ab 
Incarnatione Dni. Vigesimo V° Regni 
Wifti Facta Est Ista Descriptio. Non 
Solvm P Hos Tres Comitatvs. Sed &ia 
¥ Alios 



Coimtp palatine of iLanrasitrr. 95 

the county of Diu'ham has been accounted for, from the lands between the Tees and chap. 

. . . . HI. 

the Tyne having been conferred by Allied on the bishop of the see, and from this ' 



county being, at the coming in of the Conqueror, a reputed county palatuie. These 
do not appear to afford sufficient reasons for the omission. The property of the 
bishops, as tenants in capile, in other counties, is specified, and Cliesliii-e is mcluded 
in the survey, thougli that county, ajs well as Diuliam, was at the time a county 
palatine. Lancasliu'e had not at the Conquest attained to tliis distinction, though 
Roger de Poictou is stated to have exercised jjalatinate privileges. 

By the Domesday return, the king acquired an exact knowledge of all the Use of 
possessions of the crown. It furnished liim with the means of ascertaining boX '^^ 
the strength of the country, pointed out the possibility of increasing the revenue 
in certain districts, and formed a perpetual register of appeal for those wliose titles 
to then- estates might in future be tUsputed. This purpose it has served ever since 
its completion ; and even now, at the end of nearly eight hundred years, such is the 
credit of this document, that if a question arises whether a manor, parish, or lands, 
be ancient demesne, the issue must be tried by tliis book, whence there is no appeal. 
The two volimies which contain the survey are now, by common consent, called xhe name. 
Domesday Book, from Dome (census), and Boc (book). It has, however, borne 
other designations, and has been known as Rotulus Wmtonice, Scriptura Thesauri 
Regis, Liber de Wintonia, and Liber Regis. Sir Henry Spelman adds. Liber Judi- 
ciarius, Censualis Anglic, Anglice Notitia et Luslratio, and Rotula Regis. 

A document so unportant cannot be presented mth too much particularity in a 
County History, and the following literal transcript from this " Book of JucUcial 
Verdict," so far as it regards the county of Lancaster, is therefore accompanied by a 
translation.* 

* The Latin version is a copy from the Domesday Book, pubHshed under tiie direction of his 
Majesty's Commissioners of Public Records ; and the English translation is from the pen of the 
Rev. William Bavedwen, with a few verbal corrections. 



Ci)e ligtoi-p of tl)t 



CHAP. 



"I- ' INT RIPA 7 MERSHAM.* 

Terra infra Scripta Tenvit Rogerp pictavensis. 

JNTER RlPA 7 MeRSHAM. In DeRBEI HVNDRET. 

^ BI Habuit Rex Edward^ un CD Derbei nominatO. 

"• ", 

cu . VI . Bereuuicti . Ibi . irii . hidae . Tra . c . xv . car . Foresta 

. II . leuu Ig . 7 una lat . 7 aira Accipitris. 

V ctred^ tent) . vi . Maner . Rabil Chenulueslei . Cherchebi 

Crosebi . Magele . Achetun . Ibi . 11 . hidjE 

SiluEB . II. leuu Ig . 7 lat . 7 II . airs accipitr. 

Dot teneb Hitune 7 Torboc . Ibi . i . hida q'eta ab omi csuetud praet 

geld . Tra . e . iiii . car . Valb . xx . sot. l^ Reddeb , iiii . solid. 

h H I •, h 

Bernulf teneb Stochestede . Ibi . i. uirg trse 7 dimid caruc trae. 
Stainulf tenb Stochestede . Ibi . i . virg tre . 7 dimid car tre . Vtb 
Quinq^, taini tenb Sextone . Ibi . i . hida . Valb . xvi . sol. [mi . sot. 
Vctred^ tenb Chirchedele . Ibi dimid hida q'eta ab omi csuetud 
pt geld . Valb . X . solid. [viii . sot. 

Winestan teneb Waletone . Ibi . 11 . car tre 7 iii . boiiats . Valb 
Elmger tenb Liderlant . Ibi dimid hida . Valb . viii . sot. 
Tres taini teneb Hinne p . in . CD . Ibi dimid hida . Valb . viii . sot. 
Ascha tenb Torentun . Ibi dimid hida . Valb . viii . sot. 

^ Ibi dimid' hida. 

Tres taini tenb mele .p.m. maner.|Valb . viii . sot. 

h '- h 

Vctred tenb Vluentune . Ibi . 11 . car trae . 7 dimid leuu silus. 

II ^ 
Edelmund^ teneb Esmedvne . Ibi una [Valb . lxii . den. 

car trae . Valb . xxxii . denar. [viii . sot. 

Tres taini teneb Alretune . p . in . CD . Ibi dimid hida . Valb 

Vctred tenb Spec . Ibi . 11 . caruc trae . Valb . lxiiii . denar. 

Quattuor radmans tenb Cildeuuelle p . iiii . CD . Ibi dimid 

hida . Valb . viii . sot . Ibi pbr erat hns dimid car trjE in elemos. 

VIbt tenb Wibaldeslei . Ibi . 11 . caruc trge . Valb . lxiiii . den. 

Duo taini teneb Vuetone p . 11 . CD . Ibi . i . car trje . Vlb . xxx . den. 

* This Survey is inserted under the head Cestrescire, fo. 269 b. 



Coimtj) palatine of 3lanfa£{tti% 97 

CHAP 

ROGERDEPOICTOU iil" 

HELD THE FOLLOWING LANDS BETWEEN THE RIBBLE AND THE MERSEY. 



In Drrtiy itt?untirrti. 

King Edward (the Confessor) had there one manor called Derbei, with six Bere- 
nicks. There are four hides, land to (or sufficient to employ) fifteen ploughs ; a 
forest two miles long and one broad ; and an aerie of Hawks. 

C/c^rec? held six inanors, Rahil (Roby), Chenulucslei (Knowsley), Cherchebi 
(Kirkby), Crosebi (Crosby), Magele (Maghull), and Achetun (Aughton). 
There were two liides of land : a wood two miles, &c. and two aeries of hawks. 

Dot held Hitune (Huyton) and Torboc (Torbock) : there was one liide 
discharged from the pajTuent of all customary duties except geldam, or (danegeld.) 
There is land to four ploughs, and it was worth twenty shillings. 

Bernulf held Stochestede (Toxteth). There was one virgate of land and half 
a plough : it paid four slullings. 

Stainulf held Stochestede (Toxteth). There is one vii'gate of land and half a 
carucate or plough land : it was worth four slullings. 

Five Tlianes held Sextone (Sefton). There is one liide : it was worth sixteen 
slulUngs. 

Uctred held Ckirchedele (Kirkdale). There is half a hide quit from all 
custom except the tax : it was worth ten slullings. 

Winestan lield Waletone (Walton). There are two carucates of land and three 
hovates : it was worth eigrht slullings, 

Elmtsr held Lidei-lant (Litherland). There was half a hide: it was worth 
eight shillings. 

T7u-ee Tlianes held Hinne (Ince Blundell) for three manors. There is half 
a liide : it was worth eight slullings. 

Ascha held Torentun (Thornton). There is half a hide: it was worth eight 
shillings. 

Three Tlianes held Mele (Meols) for three manors. Tliere is half a liide : it 
was worth eight sliiUings. 

Uctred held Uluentune (Woolton). There are two carucates of land, and 
half a mUe of wood : it was worth sixty-four pence. 

Edelniund held Esmedune (Smedone, now Liverpool, or Litherpole). 
There is one carucate of land : it was worth thirty-two pence. 

Three Thanes held Alretune (Allerton) for three manors. There is half a 
hide : it was worth eight shilUngs. 

Uctred held Spec (Speke). There are two cai-ucates of land: it was worth 
sixty-foiu' pence. ' 

'Four Rad mans, or Knight Riders, lield CildeuueUe(CmhDWALL) for four manors. 
There is half a liide : it was worth eight shillings. — There was a priest there having 
half a camcate of land, held in ahns. 

Ulbert held Wibaldeslei (Winstanley). There are two carucates of land : it 
was worth sixty-four pence. 

Two Thanes held Uuetone (Woolton) for two manors. There is one carucate 
of land : it was worth tluity pence. 

vol. I. o 



III. 



98 Cfie lisitoiT) of t\)t 

^Vu^' Leuing^ tenb Wauretreu . Ibi . ii . caruc trae . Valb . lxiiii . den. 

Quattuor taini tenb Boltelai p . iiii . CD . Ibi . ii . car tr£e. 
Valb . LXIIII . den . Pbr habb . i . car trse ad aecctam Waletone. 
Vctred teneb Achetun . Ibi . i . car tree . Valb . xxxii . denaf. 
Tres taini tenb Fornebei . p . iii . CD . Ibi . mi . car trae . Valb 
Tres taini teneb Emuluesdel . Ibi . ii . car trae. [x . sol. 

Valb . LXIIII . denar. 

Stemulf tenb Holland . Ibi . ii . car trae . Valb . lxiiii . den. 
Vctred teneb Daltone . Ibi . i . caruc tre . Valb . xxxii . denar. 
Isd Vctred Schelmeresdele . Ibi . i . car trae . Valb . xxxii . den. 

h h h 

Isd Vctred tenb Literland . Ibi . i . caruc trse . Valb . xxxii . den. 

<, '7 
Wibt^ tenb Erengermeles . Ibi . 11 . car trs . Valb . viii . sol. 

H tra q'eta fuit pt geld. 

Quinq,, taini tenb Otegrimele . Ibi dim hida . Valb . x . sot. 

Vctred^ tenb Latvne . cu . i . bereuuicti . Ibi dimid hida. 
h , _ h i 

Silua . I . leuu Ig . 7 dimid lat . Valb . x . sot 7 viii . denar. 

"7 
Vctred tenb Hirletun 7 dimid Merretun . Ibi dim hida. 

Valb . X . sot . 7 VIII . denar. l^ 7 dimid leuu lat . Valb . x . sot. 

Godeue tenb Melinge . Ibi . 11 . car trae . Silua . i . leuu Ig. 

Vctred tenb Leiate . Ibi . vi . bouat trse . Silua . i . leuu Ig. 

7 II . q^ lat. Valb . lxiiii . denar. l^ . 11 . solid. 

Duo taini tenb . vi . bouat trae p . 11 . CO in Holand . Valb 

Vctred teneb Acrer . Ibi dimid car trae . Wasta fuit. 

Teos teneb Bartune . Ibi . i . caruc trae . Valb . xxxii . den. 

"> ', 
Chetel teneb Heleshale . Ibi . 11 . caruc trae . Valb . viii . sot. 

/^ Oinis ti tra geldab . 7 xv . Maner . nil reddeb nisi geld R.E. 

Hoc CD Derbei cu his supdictis hid reddeb regi . E. 

de firma . xxvi . lib 7 11 . solid . Ex his . in . hid^ eraA^ 

libere . quar censu pdonauit teinis qui eas teneb, 

Istae reddeb . iiii . lib . 7 xiiii . solid . 7 viii . denar. 

Ofiis isti taini habuer csuetud redde . 11 . oras denariox 

de unaqq^ caruc trse . 7 facieb p csuetud domos regis 



Countj) ^3alatine of i^anraeitn-, 99 

Leuingus held Wauretreu (Way^rtkee). There ai'e two cai'ucates of land : it chap. 
was worth sixty-four pence. i"- 

Four Thanes hekl Boltclal (Bootle) as four manors. Tliere are two carucates 
of land : it was worth sixty-four pence. — A priest had a carucate of land helongiug 
to the chui-ch of Waletonc (Walton). 

Uctrcd held Aclietun (Ashton or Aughton). There is a carucate of land : it 
was worth thii'ty-two pence. 

Tliree Thanes held Fornehei (Formby) as three manors. There are four 
cai'ucates of land : it was worth ten sliillmgs. 

TTiree Thanes held Emuluesdel (Ainsdale). There are two carucates of land: 
it was worth sixty-four pence. 

Slcinul/'hekl Holland (Holla-nd). There are two carucates of land: it was 
worth sixty-four pence. 

Uctred hold Daltone (Dalton). There is one carucate of land : it was worth 
tliiity-two jjence. 

The same Uctred held Schelmercsdele (Skelmersdale). There is one carucate 
of land : it was worth thirty -two pence. 

The same Uctred held Literland (Litherland). Tliere is one carucate of 
land : it was worth tliirty-two pence. 

Wihert held Erengermeles (Ravens Meols). There are two carucates of 
land : it was worth eight shillings. Tliis land was exempt from all duties except 
danegeld. 

Five Tlianes held Otegrimele (Orrell). There is half a liide : it was worth 
ten shillings. 

Uctred held Latune (Lytiiam) with one berewick. Tliere is half a liide of 
land : wood one mile long and half a mile broad : it was worth ten shillnigs and 
eight pence. 

Uctred held Hirletun (Tarleton) and half of 3Ierretun (Martin). Tliere is 
half a liide : it was worth ten shillings and eight pence. 

Godeue held Mellnge (Melling). There are two carucates of land; wood one 
mile long, and half a mile broad : it was worth ten shillings. 

Uctred held Leiate (Lidiate). There are six bovates of land; wood one mile 
long, and two quarentens broad : it was worth sixty-four pence. 

Two Thanes held six bovates of land for two manors in Holand (Holland). 
The value was two sliillings. 

Uctred held Acrer (Altcar). There is half a carucate of land : it was waste. 

Teos held Bartiine (Barton). There is one carucate of land : it was worth 
tliiily-two pence. 

Chetel held Heleshale (Halsall). There are two carucates of land : it was 
worth eight shillings. 

AH this land was liable to pay danegeld ; and fifteen manors paid King Edward 
nothing but danegeld. 

This manor of Derhei (West Derby), with the hides above-mentioned, paid 
King Edward for rent twenty-six pounds two sliilluigs ; of these, three hides were 
exempt, the rent of wliich was granted to the thanes that held them ; these paid four 
pounds fourteen shillings and eight-pence. 

All these thanes were accustomed to pay two ores of pennies for each carucate of 
land : and by custom they built the king's houses with then* appurtenances, as the 

o2 



100 CTje In'Storj) of t\)t 

CHAP. 7 quJE ibi ptineb sic uitti . 7 piscarias . 7 in silua haias 



in. 



7 stabilituras . 7 qui ad hgec n ibat q.do debeb . 11 . sot emdab. 
7 postea ad op^ uenieb 7 opabat donee pfect erat. 
Vn^ quisq,, eoa uno die in Augusto mitteb messores 
suos secare segetes regis . Si non r' p . 11 . sot emdabat. 
/^ Siq's lib ho faceret furtu . Aut forestel aut heinfara. 
aut pace regis infringeb ^ xl . sot efndabat. 

r_ _ qui 

Siq's facieb sanguine aut raptu de lemina. uel|re 

maneb de siremot sine rationabili excusatione :' 

p . X . solid emdab. /^ Si de Hund remaneb . aut ii ibat 

ad placit ubi pposit^ jubeb :^ p . v. sot emdab. 
i^ Si cui jubeb in suu seruitiu ire 7 n ibatr'iiii . sot emdab. 
/^ Siq's de tra regis recede uoleb . dab . xl . sot 7 ibat quo uoleb. 
//^ Siq's tra patris sui mortui habe uoleb :' xl . solid releuabat. 
J^ Qui noleb r 7 tra 7 omem pecunia patris mortui rex habeb. 
//^ Vctred^ tenuit Crosebi 7 Chirchedele p . i . hida . 7 erat q'eta 

ab omi csuetud pt has . vi . pace infracta . Forestel . Heinfara. 

post ^ . /-, . 

7 pugna quaB|sacramtu factu remaneb . 7 si constrict^ justicia 

si ij _ _ 

ppositi alicui debit solueb . 7|tminu a pposito dat n attendeb. 
H p . XL . sot emdab . Geldu u regis sic hoes patriee solueb. 
l^ In Otringemele 7 Herleshala . 7 Hiretun . erant . in • hid^e q'etfe 
a geldo carucatar trse . 7 a forisfactura sanguinis . 7 femine 

o 

uiolentia . Alias u csuetud reddeb oms. 

e isto CD Derbei ten modo dono Rog pictau hi hoes tra. 
Goisfrid^ . 11 . hid 7 dimid car . Roger^ . i . hid 7 dimid . Witts una 
hid 7 dimid . Warin^ dimid hid . Goisfrid^ . i . hid . Tetbald^ hida 
7 dimid . Robert^ . 11 . car trae . Gislebt-^ . i . caruc trae. 
Hi hiit in diiio . iiii . car . 7 xlvi . uitt .71. radnian 7 lxii . bord. 
7 II . seruos 7 in . ancitt. Int oms hnt. xxiiii . car. 
Silua eoj^ . in . leuu 7 dim long .71. leuu 7 dim 7 xl . ptic latit. 
7 ibi . Ill . airae accipitr. 



Countp ^aalatmr of Sanrasiten loi 

villains tlid ; and at the fislieries, and at the hays and stands (the fences and stalls) chah. 
in the wood ; and whosoever did not attend this service when he ought was fined two ^^^' 
shillings, and afterwai-ds was obliged to attend and to work till the business was 
completed : every one of them moreover sent theii- reapers for one day in August to 
cut the king's com, and if he failed be was amerced in two shillings. 

If any freeman committed a theft, obstructed the way, enticed a servant away, or 
broke the king's peace, he was fined forty shillings. 

If any one wounded a person, or ravished a woman, or absented liimself from 
the shii'e mote without a reasonable excuse, he was fined ten shillings. 

If he absented himself fi'om the hundred court, or went not to the place of 
pleading dii-ected by the proper officer, he forfeited five sliillings. 

If he ordered a person to go upon a service, and he did not, he was fined four 
sliillings. 

If any one had a mind to withdi-aw himself from the king's land, he gave 40s. 
and then he was at liberty to go where he would. 

If any one had a mind, on the death of Ms father, to succeed to liis land, he paid 
a relief of forty sliillings. 

If he was not inclined, then the king had the land and all the money of the father 
deceased. 

Uctred held Crosebi (Crosby) and Chirchedele (Kirkdale) for one liide, and 
it was exempt fi'om all forfeitures but these six — breach of peace, obstructing the 
way, inveigling of servants, desertion after enlisting, and if the sheriff had adjudged 
a debt to be paid at a certain day, and the defendant did not keep the time given 
liim, he was to be amerced forty sliillings. As for danegeld, this they paid like 
other men of the country. 

In Otringemelc (Orrell) and Herleshahi (Hals all) anAHiretini (Evert ot^), 
there were tlu-ee liides exempt from paying danegeld, fine for wounding and for 
rape ; but they were liable to other customs. 

By the gi'ant of Roger de Poictou, the following men now hold the land of this 
manor of Derbei : — Goisfrid held two liides and half a carucate, Roger one hide 
and a half, William one liide and a half, Warin half a hide, Goisfrid one hide, 
Tetbald one liide and a half, Robert two carucates of land, Gislebert one carucate of 
land. These have four carucates in demesne, and forty-six villains, and one radman, 
and sixty-two bordars, and two bondmen and tliree bondwomen ; they have twenty- 
four carucates amongst them : their wood is three miles and a half long, and one 
mile and a half and forty perches broad ; and there are three aeries of hawks. The 



CHAP. 
IIT. 



102 Wl)t M^tonj of tftr 

In unaqq^ hida . sua^ . vi . caruc trae. 
Dnium u huj^ CQ qd tenefe Rogers . ual . viii . lib . Sujv ibi m in 
diiio . Ill . car 7 vi . bouar . 7 un^ radman 7 vii . uitti. 
In Neweton . T.R.E . fuer . v . hidse. In Neweton HD. 

Ex his una erat in diiio . ^ccta ipsi^ CID habeb . x . caruc trse. 
7 Scs Osuuold^ de ipsa uilla . 11 . caruc tre habeft q'etas p oma. 
Huj^ CID alia tram . xv . hoes quos drenchs uocabant p . xv . CD. 
teneb . sed huj^ GD bereuuich erant . 7 int oms xxx . solid reddb. 
Silua ibi . x . leuu Ig . 7 vi . leuu 7 11 . qrent lat . 7 ibi airse accipit. 

■■y '; <, OS 

xluj^ HVND hoes libi pt . 11 . eraAr in ead csuetud qua hoes derberiae. 

7 plus illis . II . dieb} in Augusto meteba^v in culturis regis. 

lUi duo habeb . v . carucat trte . 7 forisfactura sanguinis 7 feminae 

uiolentia passse . 7 pasnagiu suo^ hominu . Alias habeb rex. 

Tot hoc 5S reddeb de firma regi . x . lib . 7 x . solid. 

Modo sunt ibi . vi . drenghs .7 xii . uiHi 7 mi . bord . Int oms . ix . car 

hrit . Valet . iiii . lib . hoc dnium. In WalINTVNE HVND. 

rVex . E . tenuit Walintvne . cu . iii . Bereuuich . Ibi . i . hida. 

Ad ipsu CD ptineb . xxxiiii . drengh . 7 totid CD habeb. 

In quib} erant xl.ii . carucatEe tree . 7 una hida 7 dimidia. 

Scs Elfin teneb . i . caruc traa q'eta ab omi csuetud pt geldu. 

Tot CD cu HVND reddeb regi de firma . xv . lib . 11 . sot min^. 

Modo sunt in diiio . 11 . car . 7 viii . hoes cu . i . car. 

Hoes isti ten ibi tra . Roger^ . i . caruc trae . Tetbald-^ . carucat 

7 dimid . Warin^ . i . car . RaduLf^ . v . car .Witts . 11 . hid 7 iiii . car ti-«. 

L I, 1, 

Adelard^ . i . hid 7 dimid caruc . Osmund^ . i . car trae. 

Vat hoc tot . IIII . lib 7 X . sot . Diiium uat . iii . lib 7 x . sot. ^ 

RT D lUfND. 

ex . E . tenuit Blachebvrne . Ibi . 11 . hidge In IjlACHEBVRN 

7 II . caruc tree . ^ccta habeb habeb . 11 . bouatas de hac tra. f csuetud. 

7 aeccta S' mari^ habeb in Wallei . 11 . caruc trae . q'etas ab omi 

In eod CD Silua . i . leuu Ig . 7 tntd lat . 7 ibi erat aira accipitris. 

Ad hoc CD uel HVND . adjaceb . xxviii . libi hoes . tenentes 

V . hid 7 dimid 7 xl . carucat trae j) . xxviii . Manerijs. 



Countj) ^3alntmf of tnnrasitrr. 103 

whole is wortb eight pounds twelve shUlmgs : in each liide there are six carucates chap. 
of laud. " 

Tlie demesne of this manor, held by Roger, is worth eight pounds. Tliere 
are now in demesne tlu-ee ploughs, six neatherds, one rathnan, and seven villains. 

In Krluton Jt^unUrctt. 

In the time of King Edward (the Confessor) there were five liides in Neweton 
(Nevpton) : one of these was held in demesne. The chiuxh of tliis manor had one 
carucate of land : and Saint Oswald of lliis village had two carucates exempt from 
all taxation. 

Fifteen men called Drenchs held the other land of this manor for fifteen manors ; 
but they were here wicks of this manor, and they paid altogether tliirty shillings. 
Tliere is wood ten miles long, and six miles and two quarentens broad ; and there 
are aeries of hawks. 

The freemen of this hundred, except two, had the same customs as the men of 
Derbei: they reaped the Idug's fields two days more in August. Those two had five 
carucates of land, and the forfeiture for bloodshed and ravishment, and the homaa-e 
of theii- tenants or vassals — the king had the others. — The whole manor of Neweton 
paid to the king ten pounds ten shillings. There are six cbenghs, twelve villains, 
and four bordars : amongst them they had nine carucates or ploughs. This demesne is 
valued at foui* pounds. 

In Slffllairtiigton ?^unt»rrD. 

King Edward held Walintune (Warrington) with thi'ee berewicks, and there is 
one liide. To this manor belonged thiity-four di-enghs, and they had as many 
manors : m these there were forty-two carucates of land, and one liide and a 
half. Sainl Elfin held one carucate of land, free fi'om all custom but danegeld. Tlie 
whole manor and hundi-ed paid to the king for rent fifteen pounds save two shil- 
lings. There are now two ploughs in the demesne, and eight vassals ^\-ith one plough. 

The following held land there, viz. Roger one carucate of land, Tetbald one 
carucate and a half, Warin one carucate, Radulf five carucates, William two hides 
and four carucates, Adelard one hide and half a carucate, Osmund one carucate of 
land. The whole of this is valued at four pounds ten sliillings ; the demesne at three 
pounds ten shillings. 

Jn iJIarfefiutn ?^unDrrlr. 

King Edward \\e\i\. Blachehurne(Bh\CKBVR^). There are two liides and two 
caiTicates of land: the church had two bovates of tliis laud; and the church of 
St. Mary's had in Wlialley two carucates of land, free from all custom. In the same 
manor there is a wood one mile in length and the same in breadth, and there was an 
aerie of hawks. — To this manor or hundred belonged twenty-eight freemen, holding 
five hides and a half and forty carucates of land for twenty-eight manors adjoining. 



101 Cftf 5)i6tori) of tin 

^m^' Silua ibi . vi . leiiu Ig . 7 iiii . leuu lat . 7 era.v in siipdictis 

csuetudinib^. 

In eod HVND habeft rex . E . Hunnicot de . 11 . car tre . 7 Wale 

tune de . II . car . tr^e . 7 Peniltune de dimid hida. 

Tot CD cu HVND reddeb regi de firma . xxxii . lib 7 11 . solid. 

Hanc tra tota ded Rogerius pictauensis Rogerio de Busli. 

7 Albto Greslet. 7 ibi sunt tot hoEs qui hilt, xi . car 7 dimid. 

quos ipsi ccesser . ee . q'etos usq^ ad . in . annos . 7 ido n appciat m. 

Rex . E . tenuit Salford . Ibi . in . bids. In SalfoRD HVND. 

7 XII . caruc tr£E Wastae . 7 Foresta . in . leuu Ig . 7 tntd lat. 

7 ibi plures haise 7 aira accipitris. [ad Salford. 

Radecliue teneb rex . E . p CID . Ibi . i . hida . 7 aha hid ptinefi 

^ccta S' MARIE . 7 aeccta S' Michael teneb in Mamecestre. 

h h _. _ 'i 

una caruc trs . q'eta ab omi csuetud pt geld. 

Ad hoc CD uel HVND ptineb . xxi . bereuuicll . teneb 

totid taini p totid Maner . In quib} era^r . xi . hidffi 7 dimid. 

7 x . caruc trae 7 dimid. 

Siluae ibi . ix . leuu 7 dim Ig . 7 v . leuu 7 una qrent lat. 

Vn^ eoa Gamel tenen' . n . hid in Recedha . habeb suas csue 

tudines q'etas . pter . vi . has . Furtu . Heinfare . Forestel. 

Pace| infracta . tminu fractu apposito stabilitu . pugna 

post sacramtu factu remanents . H eiiidab . xl . solid. 

Aliquae haru traru eraAc q'etae ab omi csuetud pt geld. 

7 aliqtae a geldo su.v q'etas. 

Tot G5 Salford cu HVND reddeb . xxx.vii . lib 7 iiii . sol. 

Modo sunt in CD in dnio . n . car . 7 vin . serui . 7 n . uitt cu . i . car 

Valet . c . solid hoc dnium. 

De hac tra hui^ GD ten milites dono Rogerij pictau. 

Nigellus . Ill . hid . 7 dimid caruc trs . Warin^ . n . car tree. 

7 alt Warin^ . i . caruc 7 dimid . Goisfrid^ .1 . caruc trae . Gamel 

i. If 7ix.bord'. 

.11 . car trae . In his sunt . in . taini . 7 xxx . uitli 7 pbr 7 x. 
serui . Int onis hnt . xxii . car . Valet . vii . lib. 



r 



III. 



Countj) palatine of 2Lanfa6tn% los 

There is wood six mUes long aiid foiu- broad, and there were the above-said chap. 
customs. 

In the same hundi'ed King Edward had Hunnicot (Huncote) with two caru- 
cates of land, Walehme (Walton) with two carucates of land, Peniltune (Pendle- 
ton) half a hide. The whole manor, with the hundi-ed, paid to the king for rent 
tliirtj-two pounds two sliillings. 

Roger de Poidou gave aU this land to Roger de BusU and Albert Greslet, and 
there are as many men who have eleven carucates and a half ; they allowed these 
to be exempt for three years, and therefore they are not rated. 

King Edward held Salford. There were thi'ee liides and twelve cai-ucates of 
waste land; forest thi-ee miles long and the same broad; and there are many 
hedges, and an aerie of hawks. 

Edward held Radecliue (Radcliffe) for a manor. There is one hide, and 
another belonging to Salford. The church of St. Mary's and the chm'cli of 
St. Michael's held uii)/a»teee.s7re (Manchester) one carucate of land, free from all 
duties or rents except danegeld. 

To tliis manor or hundi'ed there belonged twenty-one beremcks, wliich were held 
by as many thanes for as many manors ; in wliich there were eleven hides and a half 
and ten cai'ucates and a half of land, with wood nine miles and a half long, and five 
and a quarenten broad. 

One of these thanes, called Gamel, holding two hides of land in Recedham, 
(Rochdale), had them free trom all duties but the following six, viz. theft, 
inveigling of servants, obstinicting the king's road, breach of peace, removal of 
boundary, and desertion after enlisting; the fines for these offences were forty 
shillings. The rest of these lands were free from all customs except danegeld, and 
they are partly free from danegeld. 

The whole manor vdih tlie Imucb'ed of Salford, paid thirty-seven pounds four 
shillings. Tliere are now in the manor, in the demesne, two carucates and eight 
bondmen, and two vUlains with one carucate. Tliis demesne is valued at a 
hundi-ed sliillings. 

The knights hold the land of this manor by the gift of Roger de Poictou : 
Nigel three hides and half a carucate of land, Warin two cai'ucates, and another 
Warin one carucate and a half, Goisfrid one carucate, Gamel two cai'ucates. 
In these lands there are three thanes and tliirty villains, nine bordars, one priest, 
and ten bondmen : amongst them they had twenty-two carucates. It is valued at 
seven pounds. 

vol. I. p 



106 ClK lisitoii) of t\)e 

^Wr- Rex . E . tenuit Lailand . Ibi . i . hida In Lailand HVND. 

' I, I, h h h 

7 II . caruc trse . Silua . ii . leuu Ig .-7 una lat . 7 aira Accipitr. 



Ad hoc CD ptineb . xii . trae quas teneb . xii . hoes libi pro 

totid Maner . In his . vi . hidae . 7 viii . caruc trae. 

Siluae ibi . vi . leuu Ig . 7 iii . leuu 7 una qrent lat. 

Hoes huj^ CB 7 de Salford ii opabant p csuetud ad aula regis. 

^ o 

neq,, metebaw in Augusto . Tantm . i . haia in silua facieb. 

7 habeb sanguinis forisfactura . 7 femin« passse uiolent. 

De alijs csuetudinib} aliox supio^ Manerio^ era// csortes. 

Tot CD Lailand cu H VND reddeb de firma regi . xix . lib. 

7 XVIII . solid 7 II . denar. 

De hac tra huj^ CD ten Girard^ hid 7 dimid . Robt^ . iii . car trae. 

Radulf^ . II . car tree . Roger^ . 11 . car trae . Walter^ . i . car tras. 

Ibi sunt . nil . radmans . pbr 7 xiiii . uifti 7 vi . bord . 7 11 . bouar. 

Int oms hnt . viii . car . SUua . iii . leuu Ig . 7 11 . leuu lat. 

7 ibi . nil . au-« Accipitru . Valet tot . l . solid . Ex parte . e wasta. 

JCVex . E . tenuit Peneverdant . Ibi . 11 . car trae . 7 reddb . x . den. 

Modo . e ibi castellu . 7 11 . car sunt in diiio . 7 vi . burgses . 7 in. 

radmans . 7 viii . uitti 7 iiii . bouar . Int oms hnt . iiii . car . Ibi 

dimid piscaria . Silua 7 airae accipitru . sic T.R.E . Val . 111 . lib. 

In his . VI . HVND Derbie Neutone Walintune . Blacheburne 

a i, ti 7 octo 

Salford 7 Lailand sunt . c . qt . xx|Manerij . In q'b} sunt 

qt XX . hidae geld una min"^. 

T.R.E . ualb . cxLv . lib 7 11 . solid 7 11 . denar. 

Q'do Rogeii^ pictauensis de rege recepr' ualb . cxx . lib. 

Modo tenet Rex . 7 ht in dnio . xii . car . 7 ix . milites 

feudu tenentes . Int eos 7 eo^ hoes . sunt . cxv . car 7 in . boues. 

Diiium qd tenuit Rogeriusr' appciat . xxiii . lib 7 x . solid. 

Qd dedit militib}:' xx lib 7 xi . solid appciatuR. 



Couiitp palatine of Santasitfr. 107 



In ILrj)lanti fBunttrrlr. 

Kinff Edward held Leyland, where he had one hide and two carucates of land, a 
wood two miles long and one broad, and an aerie of hawks. To this manor belonged 
twelve carucates of land, wliich twelve freemen held as twelve manors : in these are 
six hides and eight carucates: there are woods six miles long, and tliree and a 
quarenten broad. The men of this manor and of »S'ff//brfZ did not work as customary for 
the king at the haU, nor tUd they reap in August ; they only made one hedge in the 
wood: they were subject to fines for wounding and rajie, and had all the other 
customs of the other superior manors. The whole of the manor of Leyland, with 
the hundred, rendered to the king nineteen poimds eighteen shilliugs and two 
pence. Of the land in tins manor Girard holds one hide and a half, Robert three 
carucates, Radulph two canicates, Roger two carucates, Walter one carucate. 
There are foiu: radmans, a priest, and fourteen villains, and six bordars, and 
two neatherds : between them they have eight carucates, wood tlii'ee miles long and 
two miles broad, and four aeries of hawks. The whole is worth fifty shUlings — 
part is waste land. 

King Edward held Peneverdant (Penwortham), where there are two carucates 
of land, wliich rendered ten pence. There is now a castle there ; and there are two 
carucates in the demesne, six burgesses, three radmans, eight villains, and four 
neatherds ; between all they have four cai'ucates ; there is half a fishery, a wood, 
and aeries of hawks. As in the time of King Edward it is valued at three 
pounds. 

In these six hundreds, Derby, Newton, Warrington, Blackburn, Salford, and 
Leyland, there ai"e one hundred foui-score and eight manors, in which there are 
fourscore liides, save one, to be taxed. In the time of King Edward they were valued 
at one hundred and forty-five pounds two shillings and two pence. When Roger de 
Poictou received them from tlie king, they were valued at one hundi'ed and twenty 
pounds. The king now holds them, and has ui the demesne twelve cai'ucates, and 
nine knights holding: a fee : between them and their vassals there are one hundred 
and fifteen carucates and three oxen. The demesne wliich Roger held is valued 
at twenty-three pounds ten sliiUings, and what he gave to the knights at twenty 
pounds eleven shillings. 



CHAP. 

III. 



p 2 



CHAH. 
III. 



108 COt In&tOVlJ of tftf 

IAgemvndrenesse. * 
n Prestvne . comes Tosti . vi . car ad gld • Ibi ptin he trtE. 

II.C* i.c' l.C .ii.c' .II.C* IIII.C' VI.C' 

Estun . Lea . Saleuuic . Clistun . Neutime . Frecheltun . Rigbi. 

IIII.C' n.c' II.C* ii.c' .111.0' -II.C' .jjii.c' 

Chicheham . Treueles . Westbi . Pluntun . Widetun . Pies . Wartiin. 

.ii.c' .TI.C* .VI. VI.C' IIII.C' .\HIC' 

Lidun . Meretun . Latun . Staininghe . Carlentun . Biscopham. 

II.C' II.C VI.C' .II.C' .VI.C' III.C' 

Rushale . Brune . Torentun . Poltun . Singletun . Greneholf. 

.IIII.C' II.C' III.C' II.C I.c' I.C' 

Eglestun . alia Eglestun . Edelesuuic . Inscip . Sorbi , Aschebi. 

.I.C .II.C .II.C' .I.c' -v.c' 

Michelescherche . Catrehala . Clactune . Neuhuse . Pluntun. 

.I.c' .II.C' III.C' .I.c' .I.c' 

Broctun . Witingheham . Bartun . Gusansarghe . Halctun. 

.I.c' .I.c' III.C' .1.0' .I.c' .II.C' 

Trelefelt . Watelei . Chipinden . Actun . Fiscuic . Grimesarge. 

ii.c' ii.c .i.c* .1.C' -I.c 

Ribelcastre . Bileuurde . Suenesat . Fortune . Crimeles . Che 

vie' ii.c' .ii.c' h .iii.c' .ii.c' 

restanc. Rodeclif. alia Rodeclif" .tcia Rodeclif. Hameltune. 

ini.o' vLc* I.c' 

Stalmine , Pressouede . Midehope. 

0ms h^ uille iacent ad Prestune . 7 iii . eccte . Ex his . xvi. 
a paucis incolunr . S3 quot sint habitantes ignoratur. 
Reliqua sunt wasta . Rog pict habuit. 



f6ln HALTVN . habuit comes Tosti . vi . car tr^e ad gld. 

I lie' lie' iC vi.o' ii.c' 

n Aldeclif . Tiernun . Hillun . Loncastre . Chercaloncastre. 

ii.c' .ii.c' mi.c' .iiii C iiii.o' IIII.C' 

Hotun . Neutun . Ouretun . Middeltun . Hietune . Hessam. 

ii.c' ii.c' -li.c' VI. c' Ii.c' VI.C 

Oxeneclif . Poltune . Toredholme . Schertune . Bare . Sline. 

liii.c' VI.O' .11.0' .II.C' ii.c' 

Bodeltone . Chellet . Stopeltierne . Neuhuse . Chreneforde. 

_ h 

Oms hae uillae ptin ad Haltune. 



CD J n WiTETVNE . tib comes Tosti . vi . car tre ad gld. 

II.C* vi.o' ii.c' III.C' .III.C* 

In Neutune . Ergune . Ghersinctune . Hotun . Cantesfelt. 

III.C' III.C' III.C' IIII.C' .I.c' VI.C' 

Irebi . Borch . Lech . Borctune . Bernulfesuuic . Inglestune. 

III.C' III.C' I. II.C' vi.c' 

Castretune . Berebrune . Sedberge . Tiernebi. 
Oms ha2 uillae ptin ad Witetune. 

* This Survey is inserted under the head Evrvicscire, fo. 301 b. and 302 a. 



Count)) |)alatme of Hanrasitn'. 109 

ailtOUniirrnr0S*, mulcr En-vic-sdre. CHAP. 

In Prcstvne (Prkston) Earl Tosti had six carucates to be taxed. These lands belong thereto : — III. 

Estun (Ashton) two carucates ; Lea (Lea) one carucate ; Saleunic (Salwick) one carucate ; 

Cliston (Cliftox) two carucates ; Neuiune (Newton) two carucates ; Frecliellvti (Freckelton) 
four carucates; Rigbi (Ribby) six carucates. 

CAjc/je/mra (Kirkham) four carucates ; TreMeZes (Treales) two carucates; IFesiSi (Westby) 
two carucates ; Pluntun (Plumpton) two carucates; Widetun (Weeton) three carucates; Pres 
(Preese) two carucates ; Wartun (Warton) four carucates. 

Lidun (Lytham) two carucates ; Meretim (Marton) six carucates ; Latiin (Layton) six caru- 
cates ; Staininghe (Staining) six carucates ; Carlentun (Carlton) four carucates ; Biscopham 
(Bispham) eight carucates. 

iJ«s/mZe (Rossall) two carucates ; Brtiwe (Brining) two carucates ; Torcntun {TnonsTOn) six 
carucates; Poltun (Poulton) two carucates; Singletun (Singleton) six carucates; Greneholf 
(Greenhalgh) three carucates. 

Eglestun (Eccleston) four carucates ; another Eglestun (Eccleston) two carucates ; Edelesuuic 
(Elswick) three carucates; Inscip (Inksip) two carucates; Sorbi (Sowerby) one carucate; 
Aschebi (Nateby) one carucate. 

Michelescherche or Michael's Church, one carucate ; Catrehala (Catterall) two carucates ; 
Clactune (Claughton) two carucates ; Neiihuse (Newsham) one carucate ; Pluntun (Plumpton) 
five carucates. 

Brocton (Broughton) one carucate ; Witingheham (Whittingham) two carucates ; Bartun 
(Barton) three carucates : Gusansarghe (Goosnargh) one carucate ; Halctun (Haighton) one 
carucate. 

Trelefelt (Threlfield) one carucate ; Watelei (Whalley) one carucate ; Chipinden (Chip- 
ping) three carucates; ^ciun (Alston) one carucate; Fiscuic (Fishwick) one carucate ; Grime- 
sarge (Grimsaigh) two carucates. 

iJt6eZcas/re (Ribchester) two carucates ; JSi'/eirarrfe (Billsborough, two carucates ; Suenesat 
(Swainset) one carucate ; Fortune (Forton) one carucate ; Crimeles (Crimbles) one carucate ; 
Cherestanc (Garstang) six carucates ; Rodecliff (Rawcliffe) two carucates ; another Rodeclif 
(Rawcliffe) two carucates ; a third ditto, tliree carucates ; Hameltune (Hambleton) two carucates. 

Stalmine (Stalmin) four carucates ; Pressouede (Preesall) six carucates ; Midehope (Mithope 
or Midhope) one carucate. 

All these villages and three churches belong to Prestune (Preston) ; of these sixteen have few 
inhabitants — but how many inhabitants there may be is not known. 

The rest are waste. Roger de Poictou had it. 

In aonsaalf Vale. 

Manor. In Haltun (Halton) Earl Tosti had six carucates of land to be taxed. 

In Aldeclif {\\,viC\AYe) two carucates ; Tiernun (Thurnham) two carucates ; Hillim (Hillhaji) 
one carucate ; Loncastre (Lancaster) six carucates ; Chercaloncastre (Kirby'-Lancaster) two 
farucates. 

Hotun (Hutton) two carucates ; Neutun (Newton) two carucates ; Oiiretun (Overton) four 
carucates; Middeltun (Middleton) four carucates; //e'eZttne (Heaton) four carucates; Hessam 
(Heysham) four carucates. 

Oxeneclif (O^c^T-vv) ivio carucates; Po/^^ine (Poulton) two carucates ; Toredholme (Torris- 
uolme) two carucates; Schertune (Skerton) six carucates; Bare (Bare) two carucates; Sline 
(Sly'ne) six carucates. 

Bodeltone (Bolton) four carucates ; Chellet (Kellet) six carucates ; Stopeltierne (Stapleton- 
therne) two carucates; Neuhuse (Newsome) two carucates ; Chreneforde (CAnvFomn) two carucates. 

All these villages belong to Haltune (Halton.) 

Manor. In Witetvne (Whittington) Earl Tosti had six carucates of land to be taxed. 

In iVeuZttree (Newton) two carucates ; Ergune (Arum orARKHOLME) six carucates ; Ghersinc- 
tune (Gressingham) two carucates ; Hotun (Hutton) three carucates ; Cantesfelt (Gansfield) 
three carucates. 

/r^ii (I rebt) three carucates ; BorcA (Burrow) three carucates ; iec^ (Leck) three carucates ; 
(all in Lancashire.) i?orc<M«e (Burton in Lonsdale) four carucates; £ern?((/esMuic (Barnolds- 
wick) one carucate ; Inglestune (Ingleton) six carucates. 

Castretune (Casterton) three carucates; Berebrune (Barbon) three carucates; Sedberge 
(Sedberg) three carucates; Tiernebi (Tuirnby or Tiiornby) six carucates. 

All these villages belong to Whitune (Whittington.) 



110 C!k 5ji£itorj) of t\)t 

'^^u'' t^ In OrsTEvric . 7 Heldetune . Clapeham . Middeltun . Manz 

serge . Cherchebi . Lupetun . Prestun . Holme . Bortun . Hotune. 

Wartun . Clactun . Catun . Haec habuit Torfin . p xii . Maner. 
In his sunt xl.iii . carucate ad gld. 
^ In Benetain . Wininctune . Tathaim . Fareltun . Tunestalle. 

Chetel lib . nil . 515 . 7 sunt in eis . xviii . car ad gld . 7 iii . Eecdae. 
OD In HOFGrNAih comes Tosti . iiii . car tre ad gld. 

_ iiic- .lll.c- .liii.c' ii.C il.c- »i.c' 

In Chiluestreuic . Sourebi . Hietun . Daltune . Warte . Neutun. 

VIC' II.C lie' TI.C IlC TIC' T "■'^ 

Walletun . Suntun . Fordebodele . Rosse . Hert . Lies . aha Lies. 

ILc' II.C' llll.c' .III.C' DIII.C II.c' 

Glassertun . Steintun . CUuertun . Ouregraue . Meretun . Penni 

lie' TIC' iiiiC nil.C line' 

getun . Gerleuuorde . Borch . Berretseige . Witingha . Bodele. 

.LC' .TI.C' 

Santacherche . Hougenai . 0ms has uUIeb iacent ad Hougun. 
^ In Stercaland . Mimet . Cherchebi . Helsingetune. 

Steintun . Bodelforde . Hotun . Bortun . Daltun . Patun. 

H habuit Gilemichel . In his suat . xx . car trae ad gld. 
515 In Cherchebi . Duuan . vi . car ad gld. 
55 In Aldingha . Ernulf . vi . car ad gld. 



CD In Vlurestun . Turulf . vi . car ad gld. 
In Bodeltun . vi . car . In Dene . i . car. 



ItJCRAVE* h 

CQln Mellinge 7 Hornebi 7 Wennigetun . Vlf . ix . car ad gld. 
■• ', ^ 

B Ibide hb Orme . i . car 7 dim ad gld. 

.11. x 

^ In Lanesdale . 7 Cocreha . hbr Vlf 7 Machel 

II . car ad gld. 

.III.T h 

^ In EsTVN . Cliber . Machern 7 Ghilemichel hbr . vi . car 

ad gld . In Ellhale . 11 . car . In Scozforde . 11 . car. 
Q5 in Biedvn. hb comes Tosti . vi . car ad gld . Nc ht Rog 

ij pb'r _ iiii.c' .iiii.c' .iiLc' 

pictau . 7 Ernuin sub eo . In jalant . Fareltun . prestun. 

II.C' II.c' II.c' II.C' 

Bereuuic . Hennecastre . Eureshaim . Lefuenes. 

* This Survey is also inserted under the head Evrvicscire (West Reding), fo. 301 b. and 
fo. 332 a. 



Countp ^3«ilatinc of Sancasitfr. in 

Twelve manors. In Ovstevvic and Heldetune (Austwick and ), Clapeham CHAP. 

(Clapham), 3Iiddeltun (Middleton), Manzserge (Mansergm), Cherchehi (Kirkby-Lons- HI- 

dale), Lupetun (Lupton), Prestun (Preston), Holme (Holm), Bortun (Burton), 

Hotline (Hutton Roof.) 

IFartun (Wharton), Clactun (Claugiiton), Catun (Caton). These Torfin had for 
twelve manors. 

In these are forty-three carucates to be taxed. 

Four manors. In Benetain (Bentham), TVininctune (Winnington), Tathaim 
(Tatham), Fareltun (Farlton), Tunestalle (Tunstall). 

Chetel had four manors, and there are in them eighteen carucates to be taxed, and three 
churches. 

Manor. In Hovgvn (Furness, Low) Earl Tosti had four carucates of land to be 
taxed. 

In Chiliiesti'euic (qu. Woodlands) three carucates ; Sourehi (Sowerby) three caru- 
cates ; Hietun (Heaton) four carucates ; Daltune (Dalton) two carucates ; JVarte 
(Svvarth) two carucates ; Neiitun (Newton) six carucates. 

Walletun (Walton) six carucates ; Suntun (Santon) two carucates ; Fordebodele 
( ) two carucates ; Rosse { ) six carucates ; Hert (Hest) two carucates ; 

Lies ( ) six carucates ; another Lies ( ) two carucates. 

Glasserfun (Gleaston) two carucates ; Steintun (Stenton) two carucates ; Cliuertun 
(Crinleton) four carucates ; Ouregraue (Orgrave) now called Titeup, three carucates; 
Meretun (Marton, alias Martin) fovir carucates ; Pennigetun (Pennington) two caru- 
cates ; Gerleuuorde (Irelith Kirkby) two carucates ; Borch (Burrow) six carucates ; 
Berretseige (Bardsey) four carucates ; Witiugliam (Whitingham) four carucates ; Bodele 
(Bothil, alias Bootle) four carucates. 

Santacherche (Santonkirk) one carucate ; Hougenai (Furness, High) six carucates. 
All these villages lie to Hougun (Furness, High). 

Manor in Stercalaud (Strickland), 3Iimet (Mint), Chercliebi (Kirkby Kendal), 
Helsingetune (Helsington). 

Steintun (Stainton), Bodelforde ( ), Hotun (Old Hutton), Bortun (Burton in 

Kendal), Daltun (Dalton), Patiin (Patton). 

Gilemichel had these. In these are twenty carucates of land to be taxed. 

Manor. In Cherchehi (Kirkby Kendal) Dituan had six carucates to be taxed. 

Manor. In Aldingham (Aldingham) Erniilf \vaA six carucates to be taxed. 

Manor. In Vlurestun (Ulverston) Turulf ho-Ci six carucates to be taxed. 

In Bodeltun (Bolton) six carucates to be taxed ; in Dene (Dean, alias Dbyn) one 
carucate. 

5it C^tabrtt, ffiSMrst Ititiing, !»orfe0f)irr. 

Manor. In Mellinge (Melling), Hornehi (Hornby), and fVenningetun (Wenning- 
ton), ?7//'had nine carucates to be taxed. 

Berewick. In the same place Orme had one carucate and a half to be taxed. 

Two Manors. In Lanesdale and Cocrehain (Lonsdale and Cockerham) Ulf and 
Machel had two carucates to be taxed. 

Three Manors. In Estun (Ashton), Cliber, Machern, and Ghilemichel, had six 
carucates to be taxed ; in Ellhale (Ellill) two carucates ; in Scozforde (Scotforth) two 
carucates. 

Manor. In Biedun (Beetham) Earl Tosti had six carucates to be taxed; 
Roger of Poictou now has it, and Ernuin the priest under him ; in Jalant (Yea- 
land) four carucates ; in Fareltun (Farlton) four carucates ; in Prestun (Preston) 
tliree carucates. 

In Bereuuic (Borwick) two carucates ; in Hennecastre (Hincaster) two carucates ; in 
Eureshaim (Haversham) two carucates ; in Lefuenes (Levbns) two carucates. 

Yealand and Borwick only in Lancaster, tlie rest in TVestmoreland. 



112 Cftr l^t£itoii> of ti)t 

CHAP. Tlie oTeat baroiiial proprietors, both Saxon and Nonnan, of the " Honor of 

^^^' Lancaster " were amongst the most unfortunate of theii- order. Tlie earls Morcar 
and Tosti had suffered the fate so common to men in exalted stations in those turbu- 
lent times ; and Roger de Poictou, the thii-d son of Roger de Montgomery, though 
endowed ^vith three hundred and ninety-eight manors, as the reward of the sei-vices 
rendered by his family to the Conqueror, was doomed to sun-ender them all as the 
price of liis rebellion. Tlie proprietors, at the time of taking the survey, had greatly 
increased in number, and the manners and customs of the people, as developed in 
the survey of the six hundi-eds between the Mersey and the Ribble, form the most 
valuable feature of this ancient record.* The tenure by which the thanes held the 
land in the hundred of Derby was — two ores of pennies for a carucate : this must 
have been most indulgent as far as the rent was concerned, but the obligation to 
build the king's houses, to attend his fisheries, to repak his fences, and to reap his 
Thanes, harvest, would add not a little to the pressure upon the thanes. Tliere were two 
classes of thanes, — the ecclesiastic, called in Saxon, Mass-Thanes, and the temporal 
or secular thanes. Both of these were again divided into two classes ; the greater 
thanes were next in rank to earls, being the king's thanes, and called Barones Regis. 
The inferior the Saxons called the less thanes, without any addition, as the smaller 
barons, such as lords of manors, the less valvasores, and freeholders. After the 
invasion of the Normans, many military men of that rank and appellation, endowed 
vfith the title of knight, were called by the name of thanes, and afterwards of 
milites or equites — laiights. Such was the inequality of the laws in these times, 
that in some disti-icts — Oirel, Halsall, and Everton, for instance — the occupiers were 
exempt not only from the principal tax (dane-geld), but they were exonerated fi'om 
the punislmaent justly due to some crimes of the greatest enormity ; wlule in other 
places, the oflfence of ravisliing a woman, and of the tenant absenting liimself fi"om 
the slure-mote or hundi'ed court, were to be punished with the same severity, viz., 
a fine of ten sliillings ! It appears also that there were in tliese six hundreds one 
luuwhed and eighty-eight manors, and that then- annual value, when Roger de 
Poictou received them from the king, was scarcely equal to that of a small estate in 
our times. The conti-ast between the nature of landed possessions in this district, in 
the time when the dane-geld tax was enforced in 1086, and the time when the 

* The appellation Christis Crofte was anciently given to this tract, and it is celebrated as a place 
of securitY in troublesome times, in the following metrical prophecy : — 

" When all England is alofte. 

Safe are they that are in Christis Crofte ; 
And where should Christis Crofte be 
But between Ribble and Mersey." 



Coiintp llalatmr of iLaiuastrr. ii3 

property tax existed in 1814, is most strikiug; in the former all the lands between chap. 

Mersey and Ribble were valued at £120, — in the latter at £2,569.761. Allowing L_ 

for the tlifference in the value of money at the two periods, the statement will stand 
thus : — 

Annual value in 1086 £120, x 110 = £13,200 
In 1814 2,569,761 



Increased value . . £2,556,561 

Of the different ranks of men mentioned in the Domesday Survey, the Bai'ons, 
the Thanes, the Free-men, the Radmen, the Drenches,* the Bordars, the Bond- 
men, and the Villains, the dissertation on Feudal Tenures, already inserted, will 
afford general information, while the measure of land, and the value of money, in 
those times, will be collected from the same source. 

The Saxon titles consisted of EtlUing, Duke, Earl, and Comes, but they all Titles. 
merged at the Conquest into the more general and comprehensive title of Norman 
Baron. At the head of the Capitanei Regni, or cliiefs of the realm, in the earlier of 
these periods, stood the Ethlings. These were noble persons of the first rank, as 
princes sprung from the blood royal, and were endowed accordingly Avith great fees 
and offices in the kingdom. Of this description was Edgar Ethling, but the Conquest 
deprived liim of his inheritance. 

Amongst the Saxons were certain magisti'ates called Aldermen. These were Aldermen. 
princes and governors of provinces. Earls, Presidents, Senators, Tribunes, and the 
like. They were of different ranks, as Aldermannus totius Anglice, (the Aldei'man 
of all England), in later times imagined to be capitalis Anglice Justiciarius, (chief 
justice of England) ; Aldermannus Regis (king's alderman), so called because he was 
constituted by the king, or that he exercised regal authority in the province com- 
mitted to his charge ; Aldermannus Comitatus (of a county), sometimes taken pro 
Schyreman et ipso Comite, (for the sliireman and the comes himself). 

The office of Alderman was to inspect the county's arms, and to raise forces 
witliin his jurisdiction ; to repress the refractory, and to promote public justice. The 
Bishops were nobles inferior in rank to Earls. By the laws of Alfred and Athelstan, 
the lives of the dignitaries, both in the church and state, were valued, and the rate 
at wloich their heads were estunated serves to show thefr relative dignity. The 
head of the Archbishop, the Earl, or Satrap, was valued at 15,000 thrymses; 
the bishop and alderman, at 8,000 ; the Belli Tmperator et summus propositus, (the 
conunander and chief officer of war,) or vice-comes (sheriff), at 4,000 thrymses. 
From which it appears that the alderman held the middle station between the earl 

* See Chap. iii. p. 82. 
VOL. I, Q 



114 Ci)e 5?i£itori) of tl)f 

CHAP, aiij the sheriff. After the Conquest, the alderman's office grew out of use, and was 

superseded almost entii-ely by the sheriff. 

Honors were hereditable before the Conquest by earls and barons, and for the 
most pai't to such as were of the blood-royal ; hence the honor of Lancaster had 
been possessed successively by earls Tosti and Morcar. By the Norman law, honors 
became a feudal patrimony of any of the liigh bai'ons, generally adjoined to the 
principal seat of the baron. The great baron of Lancashii-e, Roger de Poictou, so 
called from having manied Akuodis of Poictou, ranked amongst the Capitales 
Bai'ones, holding immecUately from the crown. The barons who held of him were 
called Bai-ones Comitatus (barons of the county), and held free courts for all pleas 
and complaints, except those belonging to the earl's sword. Tlie ancient barons in 
tliefr lordships or baronies took cognizance of litigation and robberies, and employed 
the privileges which are called sac, soc, tol, theam, infangthef, outfangthef, feiias, et 
marketas.* The distinction between an honor and a manor consists principally in the 
much greater extent of the former, and in the courts held in each. We have 
already seen that a manor is composed of demesne and services, to which belong 
a tlu'ee weeks' Court or Berry, where the freeholders, being tenants of the manor, 
sit covered, and give judgment in all suits that are there pleading. But an honor 
has either a castle, as at Lancaster, or at least the site of a castle, or some principal 
house of state, consisting of demesnes and services, to wliich a number of manors 
and lordships, with aU their appurtenances and other regalities, are annexed. To 
every manor a Court Baron is attached. In an honor, an honourable Berry or 
Court is kept, once every year at least, and oftener if requu-ed ; at wliich court all 
the freeholders of aU the manors which stand united to the honor, make their appear- 
ance, and in which suitors do not sit, but stand bai'eheaded. Over that court should 
be hung a cloth of state, Avith a chair ,of state, upon whicli chair should be laid a 
cushion made of cloth of gold, or what is becoming and decent for a place of honour, 
and upon which there ought to be embroidered the arms belonging to the honor. 

The barons of the Honor of Lancaster, in the time of the Conqueror, are thus 
exliibited in Kenion's MSS, 

* Soc was the power of administering justice ; Sac, of hearing and determining causes and 
disputes, with the power of levying forfeitures or fines ; Tol, an acquittance from payment of duties 
or tolls in every part of the kingdom ; Theam, a royalty granted over their villain tenants, as well as 
over their wives, and children, and goods, to dispose of them at pleasure. Spelmau calls it, a right 
of trying their bondmen and serfs. Infangthef weis the privilege of trying thieves taken within their 
lordship ; Outfangthef, a royalty granted by the king, with power to try and punish a thief dwelling 
out of the baron's liberty or fee, for a theft committed out of his jurisdiction, if he be taken 
within it. 



Countj) t^alatine of Sanraster. 



115 



" List of Barons Cosi. Lanc. uuder Roger de Poictou. 

" Godefiidus, Vicecomes eius de Derby — Yardfridus, Baro de Widnes — 
Paganus Villers, Bai-o de Wan-intou — Albertus Grelle, Baro de Manchester — 
Burin, Baro de Ratcliale and Totingten — Ilbert Lacy, Baro de Clithero — War- 
linus Banish-e, Baro de Newton — Waninua Bushel, Baro de Penwortham — Roger 
de Montbegon, Baro de Hornby — William Mai-shall, Baro de Cartmel — Michael 
riemingus, Baro de Glaston — William de Lancaster and Robert de Fumes, Barones 
de Ulverston — Wil de Lancaster, Baro de Nethei-wii-esdal — Theobaldus Walter, Baro 
de Weeton." — N.B. Another copy says, " Tlieob. Pincerna." 

In tracing the bai'ony of Lancaster, we find the founder of this illustrious house 
to have been Ivo de Talebois, otherwise TaUlebois, otherwise Talboys, of the house 
of Anjou, who came over with the Conqueror, and who, in virtue of his marriage 
with Lucy, the sister of the Saxon earls Edwin and Morcar, seconded by the favour 
of liis prince, obtained a lai-ge portion of the north of Lancashii-e, and so much of 
Westmoreland as comes mider the designation of tlie bai'ony of Kendal. The 
Richmond Fee, the Marquis Fee, and the Lmnley Fee, fonned portions of tliis 
barony, and William, the gi-eat gi-andson of Ivo de Talebois, first caused himself, by 
royal license, to be called William de Lancaster and bai-on of Kendal, before the 
king in parliament. The descents of this famUy are thus given in Kuerden's MSS. 
under the head 



CHAP. 
III. 



Baron of 
the honor 
of Lancas- 
ter. 



BARONY OF WILLIAM DE LANCASTER. 



1. John Talboys I^J Lucia J^ Rog. de Roman. 



2. Ethelbert- 



W. de Romana. 
Co. Bedford. 



r 



J 



4. Will, de Lanc- 



Ros- 



5. Will, de Lanc. 



Girard- 



Albert Grelle- 



Aylward 



Chetil 1^3 3. Gilb. de Furnesio — , Reinfrid — ^ Ralph 
Alex. 



R. de Meschines — ^ Rob. — > Em. f(3?§<I Orm. 

' r' r^ 



r 



J 



6. Gilbert- 



D 



Ralph - 



Hu. 



Ranulf. 



7. W. de Lanc. 



I 



Albert. Rog. -p Orm. 



Rog. de Ashton 



] 



Raf.- 



Alex. 



r 



Rog. de Kirby. 



Q2 



tions. 



116 COf S?isitoii) of ti)e 

CHAP. " Succession of the Barons of Lancashire* — 1. Vicecomes de Derby, 

Til 

1_ Goclfi-id, Peverel, Fen-ers. 2. Castellanus de Liverpool, Molineiix. 3. Baro de 

Widness, divided between Lacy and Grelly. 4. Baro de Warington, Paganus, 
afterwards Butler. 5. Baro de Newton, Langton. 6. Baro de Manchester, 
Grelly, West, Moseley. 7. Baro de Rochdale, afterwards Byron. 8. Baro de 
Cliderow, Lacy, the Crown, Monk, Montague. 9. Baro de Penwortham, Bussel, 
Lacy, the Priory, Fleetwood. 10. Baro de Hornby, Roger de Montbegon. 
11. Bai'o de Fumes, Michael Flemings. 12. Baro de Wii-esdale, W. de Lancas- 
ter. 13. Baro de Weeton and Amounderness, Theobald Walter." 

^heir sta- " STATIONS OF THE Ancient Barons.-j" — Roger de Poictou, Earl of Lancas- 
ter, prudently stationed liis barons in the most vulnerable places, to preserve his 
earldom in quiet: — 1. He built a castle at Liverpool against the passage over the 
water fi-om Cheshire, and there placed his trusty friend, ViAdan MoUneux, to be 
governor and castellanus in the utmost limits of his earldom ;| and for his gi'eater 
assistance he placed neai* liim at Derby his vicecomes, Godefridus ; and not far 
above, at or opposite Runcorn, being another passage out of Cheshii'e, he fixed 
Yardfrid, another baron, at Widnes ; and a little above that, at Warrington another 
passage, and near unto the church was the seat of another barony, given to Paganus 
VUlers, to defend the ford at Latcliford, before a bridge was made at Warrington ; 
and a little distance, at Newton, was the seat of the Banisters, a barony in king John's 
time, to strengthen the former, and opposite a liigh ford or boat called Holyn Fare 
Passage, out of Cheshii-e, at Straitford ; as well as to keep guard against another 
Cheshii-e barony, called Stockport, he placed Albertus Grelle, an eminent baron ; 
then approacliing the hiUy mountain fiom Yorksliii-e, at a different passage fi-om 
Rotchdale, an ancient bai-ony, afterwards succeeded by Lord Buryn, the present 
baron thereof ; then ascending easterly among those hills at Clidero, he placed Ilbert 
Lacy, a baron, near the adjacent passage into Yorkshii'e ; and more northward, not 
far fi"om his own castle at Lancaster, at Hornby, he placed Roger de Montbegon. 

* From Percival's MSS. f From Kenion's MSS. 

I A castellanus is the prefect or governor of a castle, acting there in place of the lord, and 
sometimes called castaldus, gastaldius ; his office is called castaldia, castallanea being first the 
name of an office, and afterwards of a dignity. These castellans were appointed by dukes and earls, 
who enjoyed vast territories, and in some fortified places stationed military guards or garrisons, to repel 
enemies. Tliey were also civil judges, to determine the disputes of the people. Having become 
powerful, and the sons often succeeding to their father's office, they at last obtained from the lords 
the right of holding office in fee; and by little and little passing the bounds of their jurisdiction, 
they transformed the wand of an inferior justice into the swurd of the superior, making the force of 
the dignity to consist more in the fulness of baronial power, than in the mere name of baron.* 

* Spelman, p. 128, voce Castellanus. 



Count)) ^^alatint of tanrastfr. 117 

Then upon the northern Ijoundary, from the Scots in Cumberland, was placed, at chap 

Gleston, Michael Flandrensis; and shortly after, the abbot of Furnes, 4th W. Rufus, L 

placed upon the west pai't, possessing the Foldra and Walney, who convened with 
William de Lancaster ; and long afterwards the king bestowed the same upon Inge- 
lianus de Guyas in marriage Avith his sister ; afterwards it was alienated, and came to 
the possession of the families of Kirkby and Tells. From thence returning south- 
ward to Kartmel, which in king John's time came to William de Marshall, governor 
to king Henry III. and proceeding southward on the river Wyre, one side guarded 
by William de Lancaster, lord of that part of the barony of Netherwyrsdal, belonging 
likewise to the lords of Furness, and the other side environed with the barony of 
Weeton, wliicli temp. W. Rufus was an appendant to the barony of Penwortham, 
and bestowed upon Abardus Bussell, brother of Warinus Bussell, and continued in 
the renowned noble family of Theobaldus Pincerna, from whom proceeded the duke 
of Ormond. And lastly, on that famous estuary of Riblde, at Penwortham, Avhere 
remained an ancient castle fi'om the time of the Saxons, here was placed the barony 
given to Waiiiius Bussell, who had this place bestowed upon him temp. William 
the Conqueror, tliough it liad then no baron. Leyland and great part of Amounder- 
ness did anciently belong to the Bussells, for in the survey temp. WUl. I. I find one 
Prog, de Busby and Albert Gresley, who had Blackburn hundred, and afterwards, 
upon division between them, Grelley had part of Leyland hundred, as Brindle, 

Wortliington, &c and a knight's fee m Dalton, Wrightington, and P. ... * 

which he gave in marriage with a daughter to one Orme, the son of Edward, and 
Ashton-under-Line. Montbegon had another part of Leyland luuKked, wliich he 
held as annexed to Hornby as most part of Croston parish, viz. : — Croston, Madeley, 
Chorley, Haskenmore, Tarlton, and Hole, formerly part of Warinus's Barony, 
belonged to the Villers, and afterwards to Montbegon, as likewise Sherington, 
Welchwallet, and Chernoe, Gogard Adlington, and Duxby, belonged to Grelley. 
N.B. The baron of Warington had divers territories in Derl)y hundred to be 
assistant to the baron of Derby, and a fee or two in the huncbed of Amoundemess, as 
the baron of Manchester held divers fees in the hundred of Leyland; the baron of 
Newton a knight's fee in Blackburn hundred," &c. 

The more particular succession of the bai'ons of Lancashire Avill be most advan- 
tageously treated m the hunckeds to wliich the baronies belong, but the rise of the 
honor into a duchy, and the achievements of the noble and royal house of Lancaster, 
fi-om the Conquest to the period when they attained the consummation of their 
dignity, by giving a sovereign to the tlu-one of England, belong to this portion of 
our liistory. 

* Probably Parbold. 



118 CI;r lisitoi-p of ti)t 

CHAP. The castle of Lancaster, built by Roger de Poictou, not only served as a military 

' foitress to preserve the power of liis royal benefactor, but it was used also as the 
bai'onial residence. It appears from the " Bai-onia de Manchester," that Robert 
Bush held Blackbm'n hundred on a temporaiy tenure only, per tres annos, idea non 
appropriatur, before Lacy was its lord; and the probabUity is, that he held under 
de Poictou. In the reign of Rufus, Roger de Poictou granted a charter to our lady 
of Lancaster, to which Albert Grelley, the fii-st baron of Manchester, was a witness.* 
Tiie In tlie interval between the first cUiisiou of jn'operty, under the Noi-man dynasty 

forfeited and the Domesday survey, the possessions of Roger were forfeited to the crown, 
Poicfou. by his defection from the royal cause. The honour of Lancaster was, however, 
A.D.1102. restored to him in the time of WiUiam Rufas, but it was finally alienated on the 
banishment of Roger, in the 2d Henry I. From that time it remained in the 
Conferred cro^vii, till it was bcstowed on Ranulf de Bricasard, the tliii'd earl of Chester. The 
third earl precise time when tliis grant was made, and the circiunstances wliicli called for 
so sti'ong a manifestation of the royal bounty, ai-e not ascertained, but the follo^\ing 
translation of an almost illegible chaiter in the British Musemu sufficiently authen- 
ticates the fact.f 

" Ranulf, Earl of Chester, to his constable, dapifei', justiciaries, sheriffs, 
and bailifi", that are betwixt Ribble and Mersey, and to all his 
men, French and English, health. 
" Know me to have gi-anted and coufii-med to the Abbot of Evesham, and Monks 
serving God, all possessions, lauds, and tenements, and all liberties given and 
gi-anted by Waiin and Albert Buissel in all tilings; and also that they may have their 
comts in HocA\dce of all then- tenants, as truly as I have mine at Penwortham, for 
him and all liis tenants, household and hayhold, for building or burning, and useful 
for all other his necessities, without disturbance, or my being, or of any other what- 
soever. I also ivill and fuinly command, that no man against the same monks con- 
cerning my gi-ant and confirmation shall interfere upon any occasion, exaction, or 
confii-mation. I will warrant the aforesaid Abbot, Convent, and then- successors, 
Avitliout fine or demand, for fear and my forfeiture, but they shall hold the same freely 
and honourably in all places; and I, Ranulf, and my lieii"s, tlie aforesaid concession 
and confinnation to the aforesaid Abbot and their successors, with wairant and 
without fine. — Teste meipso." 

* Kuerden's MSS. folio 271. f Harl. MSS. cod. 7386. 



CountP ^3alatin( of tanraEitn-. 



121 



Cftap. ]IF» 



Lands between Ribble and Mersey — Possessed by the earls of Chester — Descend to the Ferrers, earls 
of Derby. — Earldom of Lancaster. — Tliomas, earl of Lancaster — His opposition to the royal 
favourite, Piers Gaviston — To the Despensers — Heads the barons against the king — His fate — 
His reputed miracles after death. — The king's mandate — Marriage of his widow — Forfeits part of 
her dowry. — Early manners. — Henry, earl of Lancaster — Henry, his son — His military renown — 
Created duke of Lancaster — Chancery court of Lancaster instituted — County made palatme. — 
" The good duke of Lancaster's" deeds of arms — Holy relic — His charities to the " black 
liverys" — To Whalley abbey — To Leicester college. — His death — His issue. — John of Gaunt — 
His marriage — His possessions — Created duke of Lancaster — His achievements in arms — Obtains 
the grant of chancery in the duchy and palatine privileges in the county of Lancaster — Advocates 
the cause of WicklifFe, " the morning star of the Reformation" — Privileges conceded to him at 
court — Obtains a grant of treasury in the duchy of Lancaster — Demolition of his house by the 
followers of Wat Tyler — Magnanimity shewn towards and by the duke in Scotland — Charged with 
a design to usurp the throne — His foreign wars — Extension of the duchy privileges — Espouses 
Catherine Swinford, his concubine — Legitimatizes her children. — The duke's death and 
character. 




URING the distui'bed reign of Stephen, Ranulf, the 
fourth earl of Chester, possessed himself of a tliii-d part of 
the whole realm of England,* and amongst his posses- 
sions were the lands ceded to his father between the 
Ribble and the Mersey. From Ranulf, the son, they 
descended to Hugh de Kevelioc, and Ranulf, surnamed 
de Blundeville, son and grandson of the foiTuer. Ranulf 
de Blundevdlle, in 13 Henry IH. had a confirmation 
from the king of all his lands between the Ribble and the 
Mersey, and was made cliief lord, under the king, of the whole county of Lancaster, 
with all its forests, hays, homages, and other appurtenances. At the same time he exe- 

Nichols's Leicestershire, to which we have been much indebted for the historical materials 
relating to the illustrious house of Lancaster. 

VOL. I. R 



CHAP. 
IV. 

Lands 

between 

Ribble 

and 

Mersey. 



A.D. 1228. 

Possessed 
by the 
earls of 
Chester. 



122 Cljt ??ieitorp of tl)e 

CHAP, cuted the office of sheriff by his deputies in the third, fourth, fifth, sixth, and ninth of that 
^^' kino-. Ranulf paid down forty marks of silver for these lands to Roger de Maresey, 
and afterwai-ds two hundred marks more ; and agi-eed further to render annually, at 
Easter, a pair of wliite gloves, or one penny, for all services whatsoever. This earl, 
after enjoying his possessions fifty-one years, died in 1252; and, leaving no issue, his 
Avliole inheritance was shared by liis four sisters and coheiresses. Maud, tlie eldest, 
man-ied David, earl of Huntingdon, brother to William, Idug of Scots ; Mabil, the 
nest, mai-ried William de Albini, earl of Arundel ; Agnes, the third sister, married 
William, earl of FeiTers, the sixth in lineal descent fi-om Robert de Ferrers, raised 
by lung Stephen to the earldom of Derby, for liis prowess at the battle of the Stan- 
Descend dard, iu the tliii'd year of the king. The heu's of the first earl of Derby were 
Ferrers, usually Called eai'ls of Ferrers, though they were likewise earls of Derby. Tliis 
Deiby.^ Agucs had the castle of Chartley, in Staffordsliii-e, and the lands in that part of 
Wales called Powis; and also the manor of West Derby, and all earl Rauulf's lands 
between the Ribble and Mersey; with Buckbrock, in Nortliamptonshire, and Navenby, 
in Lincolnsliii'e. In the eighth year of Henry III., William, earl of Fen-ers, was 
constituted governor of the castle and honor of Lancaster;* and the next year 
he executed the sheriff's office for this county for tlu-ee parts of the year, as he did 
likewise for the whole of the tenth and the eleventh years of the king's reign. In 
addition to £50 for the relief of the lands of liis wife's inheritance, he and she were 
bound to pay yearly a goshawk, or fifty sliillings, into the Idng's exchequer, as had 
A.D.1241. been usual for lauds lying between the rivers Ribble and Mersey. In 26 Henry III. 
he gave a fine of £100 to the king for the livery of the three hundreds of West 
Derby, Leyland, and Salford, which had been seized into the king's hands for 
certain misdemeanors of liis bailiffs. This earl (Hed on the 20th of September, 
1247, and liis countess survived liim only one month — they having lived together as 
man and wife seventy-seven years ! 

William, earl of Ferrers, son and heir of the above earl and countess, had hvery 
of liis lands and castle in the year 1247 ; and the next year he obtained a mandate 
to the sheriff of Lancashire for the enjoyment of such lands between Ribble and 
Mersey as liis uncle Ranulf, earl of Chester, fonnerly possessed. He also obtained 
a charter for free wai'ren, for himself and Ids heii's, in all liis demesne, tlu'oughout 
his lordships in Lancashii'e and elsewhercj" Three years afterwards he procured a 

* Dugdale's Baron, ex Pat. 8 Hen. III. m. 12. 

t Ranulfus, consul Cestrie, constabulario, dapifero, baronibus, justiciariis, vicecomitibus, ministris, 

& ballivis, quicunque fuerint, inter Ribbam et Mersam, & omnibus liominibus suis, Francis & Anglis, 

salutem. Sciatis me concessisse Deo & Sancte Marie, & monachis de Evesham, eleemosinam 

suam de Hocwicce, ita bene & libere, & quiets, & lionorific^, sicut meliils tenuerunt tempore comitis 



Countp |3alatine of SLanrasfttr. 123 

special gi-aiit from the king of such officers, for conservation of the peace between chap. 

Ribble and Mersey, as Ranulf, earl of Chester, formerly had; wliich officers were L_ 

maintained at the expense of the inhabitants. By Margaret, his second ^\ife, one of 
the daughters and cohcii'esses of Roger de Quencey, earl of Winchester, he had two 
sons; Robert succeeded liim in the earldom of Derby, and settled at Groley, in 
Leicestershire. This unfortunate earl took part with Simon de Montfort, and was 
deprived of liis earldom and all Ids estates in 1265 ; among wliich were all his lands 
between Ribble and Mersey. These possessions Henry III. united ^ntli the honor 
of Lancaster, and gave to Edmund Croucliback, liis youngest son, who, by that 
king's creation, was the first Earl of Lancaster. 



^arls of UmxtmUv. 

Ethnund Croucliback was the distinguished favomite of liis father; and on St. 
Luke's day, in the year 1253, the king convened many of his nobles, along with the 
bishop of Romania, who came to liim fi-om pope Innocent IV., and, having brought 
a ring from his Holiness, used it as a symbol to invest Edmund Avith the dominion of 
SicUy and Apulia, whereupon he had the title of king of Sicily. Tliis grant produced 
some of the most important events in our history ; amongst others, the association of 
the barons against Hemy HI. ; the a2)pointing of conservators of the peace in this 
and the other counties of England; and the settling of the democratical part of our 
constitution on a pennanent basis by Sunon de Montfort, earl of Leicester, while the 
king was liis prisoner. Piince Echuund, about the same time that he took the title 
of king of Sicily, was made eai-1 of Chester. Upon Innocent's death, Alexander IV. 
confirmed prince Edmund in the grant of the kingdom of Sicily in due form ; but 
pope Urban IV. by a bull in 1263, revoked the deed, and Edmund renounced the 
claim to the crown of that kingdom. The prince was amply compensated for the 

Rogeri Pictavensis, & tempore Ranulfi patris mei, & sicut decet eleemosinam fiabere sancta ecclesia. 
Ita quod nuUus super monachos predictos se intromittat de predict^ eleemosina, nee de operationibus, 
nee de aliis exactionibus, nee de occasione aliquS, aliquis eos vel eorum eleemosinam, super timorem 
meum & super forisfactum meum, inquietet ; sed honorifice teneant in terris, & decimis, & pasturis, 
& in bosco, & in piano, & in aquis, & in molendinis, & piscariis, & in omnibus aliis locis. Testibus, 
Eustachio constabulario Cestrie, & Hugone Ostvero, & Serlone venatore, & Richardo Buissel, 
Richardo Pine', apud Molas warini. — Du^da/e, Mon. Ang. 1. p. 361. 



CHAP. 
IV. 



Earldom 
of Lan- 
caster. 



124 



m)t I^i'sitori? of t\)t 



loss of that imaginary power; for on the 4th of August, 1265, his brother Edward 
havino- defeated the Earl of Leicester and his atlherents iu the battle of Evesham, 
the kino-, by his letters patent, beai'ing date the 25th of October, created him earl of 
Leicester; giving him therewith the honor of Hinckley, and the stewardsliip of 
England. The next year he received from liis noble benefactor the honor, to^vn, 
and castle of Derby, with all the effects belonging to Robert de Ferrers, earl of 
Derby. In addition to other grants, he received also the honor, earldom, castle, 
and town of Lancaster, with the forests of Wiresdale and Lonesdale.* 



* ROYAL GRANT TO EDMUND CROUCHBACK, 



51 Henry III. 



" Rex concessit Edmundo filio suo castrum de Kenilleworth. Habend' sibi & heredibus de 
corpore. Et quod liberam chaceam & liberam warrennara in omnibus dnicis terris & boscis pertin' 
ad castrum. 

" Rex concessit prefato Edmundo honorem, castrum, & manerium de Monemouth, cum pertin". 
Habend' sibi & hered' de corpor'. 

" Rex concessit prefato Edmundo castra de Grossemunde, Skenefrithe, & Blaunchastel. Habend' 
ut supra. 

" Henricus, Dei gratia, rex Anglie, dominus Hibemie, & dux Aquitanie, archiepiscopis, &c. 
salutem. Sciatis nos dedisse, concessisse, & hac carta nostra confirmasse Edmundo filio nostro 
carissimo, honorem, com', castrum, & villam de Lancastr', cum vaccariis & forestis de Wiresdel & 
Lonnedsdall, & Novum castrum subtus Lynam. Et manerium, castrum, & forestam de Pykering. 
Et villam nostram de Gounemecestr'. Et redditum nostrum villate de Huntindon, cum omnibus 
pertin' suis. Habenda & tenenda eidem Edmundo, & heredibus suis de corpore suo legitime procreat', 
de nobis & heredibus nostris, cum feodis militum, advocationibus ecclesiarum, chartis, libertatibus, 
consuetudinibus, & aliis omnibus ad honorem, com', castra, villas, dominica, vaccaria, forestas, & 
redditum predictum pertinentibus. Faciendo nobis & hered' nostris servicia inde debita & consueta. 
Ita quod prefatum Edmundum vel heredes sues predictos inde non disseissiemus, nee disseisiri permit- 
temus; donee sibi excambium rationabile fecerimus in aliis terris nostris ad valorem honoris, comitat', 
castrorum, villarum, dominicorum, vaccar', forestarum, & reddituum predictorum. Ita etiam quod si 
prefatus Edmundus sine heredibus de corpore suo legitime procreat' decesserit, honor', com', castra, 
ville, dominica, vaccarie, foreste, & redditus predict' cum pertin', ad nos vel heredes nostros integr^ 
revtantur. Quare volumus ^& firmiter precepimus, pro nobis & heredibus nostris, quod dictus 
Edmundus & heredes sui predicti imperpetuum habeant & teneant honorem, com', castra, maner', 
villas, dominica, vaccar', forestas, & redditus predict', cum feodis militum, advocationibus ecclesiarum, 
chartis, libertatibus, consuetudinibus, & omnibus aliis ad eadem pertin', faciendo nobis & heredibus 
nostris servitia inde debita & consueta. Ita quod prefatum Edmundum vel heredes suos predictos 
inde non disseisiemus, nee disseisiri permittemus, donee escambium rationabile sibi fecerimus in aliis 
terris nostris ad valenciam honoris, comitatus, castr', maneriorum, villarum, dominicorum, vaccar', 
forestar', & reddituum predictorum. Ita etiam, quod si prefatus Edmundus sine heredibus de corpore 



Coimtp palatine of 2Lantagten 125 

The foUomng year the king announced to his knights, vassals, and other tenants chap. 
of the Honor of Lancaster, that he had given to liis son Echnund that honor, Avith 



tlie wards, reUefs, and escheats, attached to it.* In the same year, during the ad. 129-2. 
king's residence at York, he issued a royal mandate, from wliich it appears, that, 
although he granted the possessions in the county of Lancaster to his son Edmund 
for liis sustentation, that grant was not to operate to the injury of Roger de Lancas- 
ter.! The royal hounty was still further extended in the foUomng year, by a grant 
jfrom the Idng, of possessions forfeited by the treason of Simon de Montfort.J In 
the year 1284, Edward I. in an inspeximus, dated at Lincoln, on the 15th of 

suo legitime procreatis decesserit, honor', comitat', castra, maneria, villa, dominica, vaccarie, foreste, & 
redditus predict', cum pertinen', ad nos & heredes nostros integre revertantur, sicut predictum est, 
" Hiis testibus, 

" JoHANNE DE Warexna comite Surr', 
" Humfr' de Bohun comite Hereford & Essex, 
" Phillippo Basset, 
" rogero de somery, 
" Aland la Rusche, 
" Stephano de Eddeworthe, 
" Bartholomew le Bigod & aliis. 
" Dat' per manum nostram apud Sanctum Paulum, London', tricesimo die Junii, anno regni 
nostri quinquagesirao prime." 

* ROYAL MANDATE, 
52 Henry HL 
" Rex militibus, liberis hominibus, et omnibus aliis ten' de honore Lancastr', salutem. Cum 
dudum dederimus Edmundo filio nostro honorem predictum, cum wardis, releviis, escaetis, et omnibus 
aliis rebus pertinent', ad ipsum honorem spectantibus ; habend sibi et heredibus suis de corpore suo 
legitime'procreand'imperpetuum. Vobis mandamus quod eidem Edmundo et heredibus suis, sicut pre- 
dictum est, in omnibus que ad dictum honorem pertinent de cetero sitis intendentes et respondentes. 
" Teste rege apud Westm', octavo die Februarii, anno regni sui quinquagesimo secundo." 

t GUARANTEE TO ROGER DE LANCASTER, 

52 Henry HL 

" Rex omnibus ad quos, &c. salutem. Cum nuper commisserimus dilecto et fideli nostro Rogero 
de Lancastr' comitat' nrm Lancastr' cum pertinentiis, custod' quod vixerit ; ita quod reddet nobis 
inde per ann. centum marcas ad Seem nostrum. Et postmodum com' ilium cum pertin' Edmundo 
filio nostro cino ad sustentacionem suam concesserimus. Nos volentes eidem Rogero in hac parte 
nostram facere specialem promittiinus ei bona fide, quod ipsum in premissis conservabimus indempnis 
temporibus oportunis. In cujus, &c. 

" Teste rege apud Ebor', decimo quinto die Septembris, anno regni sui lijdo." 

I FURTHER GRANT TO PRINCE EDMUND, 

53 Henry III. 

" Rex omnibus ballivis, &c. salutem. Cum per cartam nostram dederimus et concesserimus 
Edmundo filio nostro honorem, villam, castrum Leyc', et omnes terras et ten' ejusdem honoris, cum 



126 Clje iSt'sitorp of ti)t 

CHAP. August, confirmed the grant of the Honor of Lancaster made by Hemy III. to liis 
^^' brother Ecbnund, and forbids the sheriifs of Norfolk, Suffolk, Lincoln, Northamp- 
ton, Leicester, Derby, York, Rutland, and Stafford, or their officers, from entering 
the Honor of Lancaster.* 

These vast possessions laid the foundation of the future greatness of the house of 
Lancaster; the power and influence of which increased to such a magnitude as 
ultimately to seat the family on the tlu'one of these realms. In 21 Edwai-d I. prince 
Edmund procured license to make a castle of his house, in the ptii-ish of St. Clement 
Danes, in the county of Middlesex, called the Savoy j and he founded that house of 

feodis militum et aliis pertinentibus suis, qucumque nomine censeri possint, que fuerunt quondam 
Simonis de Monteforti comitis Leyc', inimici nostri, et que secundum legem et consuetudi- 
nem regni nostri, per guerram quam contra nos, ad coheredacoem iiram, in regno nro exci- 
tavit, et bellaque contra nos, in quorum altero, apud Evesham tanquam inimicus noster inter- 
fectus fuerat, commisit, ad nos tanquam escaeta iira per pdcra forisfactum deveuerunt ; habend' 
et tenend' eidem Edmundo et heredibus suis de corpore legitime procreatis imperpetuum. Nos, 
eidem filio gratiam facere volentes uberiorem concessimus ei senescalciam Anglie, quam idem 
Simon quondam habuit, habend' et tenend' ad totam vitam ipsius Edraundi, cum omnibus ad senes- 
calciam illam pertinentibus, de gratia nra speciali. In cujus, &c. 

" Teste rege, apud Winds', none die Maii, anno regni sui 53°." 

* CONFIRMATION OF GRANT OF HENRY III., 
13 Edward I. 
" Rex omnibus ad quos, &c. salutem. Inspeximus literas quas Celebris memorie dominus 
Henricus pater iir fecit carissimo fratri nro Edmundo comiti Lane', m hec verba : ' Henricus, dei 
gratia. Rex Anglie, dhus Hibernie, & dux Aquitan', vicecomitibus Norff', Suff', Lincoln', Notting', 
Leyc', Derb', Eboru, Rotel', & Staff', & omnibus aliis vicecom', & senescall' in quorum bal- 
livis honor Lancastr' consistit, salutem. Sciatis quod per cartam nram concessimus & dedimus 
Edmundo filio nostro carissimo honorem predictum, cum omnibus homagiis, wardis, releviis, 
escaetiis, redditibus, & omnibus aliis ad honorem ilium pertin', habend' sibi & heredibus suis de 
corpore suo legitime procreand' imperpetuum. Et ideo vobis precipimus, firmiter injungentes, 
quod de honore illo, aut hominibus illius honoris, seu aliquibus aliis ad ilium honorem spectantibus, 
in nullo vos intromittatis aut ballivos vros intromittere permittatis, sicut vultis vos ipsos indempnes 
conservare, nisi de ballivis prefati filii nri fueritis requisiti. Et si aliqui vrm vel ballivorum vrorum 
aliquid de hiis que ad ipsum honorem spectant reperitis, id sine dilatione predicto filio nro vel 
ballivis reddi faciatis. Distringatis etiam tenentes de predicto honore, quotiens, a ballivis predictis 
fueritis requisiti, quod eisdem balhvis de cetero sint intendentes & respondentes in omnibus predic- 
tum honorem tangentibus in forma predicta. Ita quod non oporteat nos pro defectu vestri super 
negotio predicto soUicitari. In cujus rei testimonium has literas nras fieri fecimus patentes. Teste 
meipso apud Lincoln' decimo, octavo die Augusti, anno regni nri quinquagesimo secundo.' Nos 
autem tras illas acceptamus pro nobis & heredibus iiris in forma predicta. In cujus, &c. 

r • " Teste, ut supra." :■'' 



Coimtj) |3alatint of Eaitrastcr. 127 

nuns of the order of St. Clara, called the Minoresses, without Aldgate, in London, chap. 
He also was the cliief builder of the Grey-fiiars house in Preston, in this county. ' 

Tliis gi-eat earl, by Blanch, his second wife, daughter of Robert, earl of Artois, (tlmxl 
son of Lewis VIIL king of France) and widow of Henry of Navan-e, had three 
sons — Thomas, Henry, and John, and a daughter. lu 24 Edward L beuig sent Avith 
the earl of Lincoln and twenty-six bannerets into Gascony, they sat down before 
Bourdeaux; but, seeing no likelihood of its surrender, they marched to Bayonne. 
Here their army began to dissolve, on account of thek treasure being exhausted, and 
prince Edmund became so much affected by the embarrassments of their situation, 
that he fell sick and died, about the feast of Pentecost, 1296. By Ms will he 
directed that liis body should not be buried till Ids debts were paid; and it was not 
till after the truce of that year that liis corpse was carried into England, and buried 
in the abbey church of Westminster, where a splendid monument is erected to liis 
memory.* 

Thoma.s, earl of Lancaster, the eldest son and immetliate successor of prince A.D.1297. 
Edmimd, chd homage in 26 Edward L and had livery of Ids lands, except the Thomas, 
dowry of Blanch, Ids mother. After this ceremony, he marched into Scotland Lancaster. 
through Lancashii-e, the king himself bemg in the expecUtion. Being sheriff of 
Lancashire by inheritance, he appointed Richard de Hoghton his deputy in that 
office; and in the next year he was summoned to parliament by the king. In 
4 Edwai'd H. he mamed Alice, the sole daughter of Henry de Lacy, earl of Lincoln, a.d.isio. 
and, in virtue of that marriage, became possessed of the castles and lands belonging 
to that (Ustinguished house. With tlds accession of property, the earl of Lancaster 
became the most opulent, as well as the most powerful subject in England, and 
possessed in his own right, and that of Ids wife, no fewer than six earldoms, attended 
with all the jurisdictions and power, which in that age, and under the feudal system, 
were annexed to landed possessions. Li the following year he was the chief of 
those nobles who entered into a combination against Piers de Ga\iston, the king's 
Gascon favourite, with the avowed intention of defenchng the religion of the state, 
and restoring the people's liberties. Being made choice of by the barons for their His oppo- 
general, the earl of Lancaster sent messengers to the king, requu'ing the delivery of the rojai 
Piers into their hands, or that he should be bamshed the reahn. Such was the Piers 
inveteracy of the nobles against the royal favourite, that it is said that Henry de 
Lacy charged the earl of Lancaster upon his death-bed, that he should maintam his 
quarrel against Gaviston. Tlds injunction the earl faithfully obeyed, and, after a 
protracted sti'uggle with the king, the earls of Lancaster, Hereford, and Arundel, 

* See Gough's " Sepulchral Monuments of Great Britain," and Nichols's History of Leicester- 
shire, vol. i. p. 222. 



128 Cftf liJStOfJ) of tftf 



CHAP. haviii<T seized GaAiston in the castle of Warwick, struck off his head without the 

IV. 



formality of a trial. 

Tliis act of disloyalty, both to the king and to the laws, awakened in the mind of 

Edwai'd a determination to execute vengeance upon the offenders ; but, being less 

constant in liis enmities than in liis fi'iendships, he soon after hearkened to terms of 

accommodation, and granted to the earl of Lancaster, and to the other delinquent 

bai'ons, pardon of their offence, stipulating only that they should, on their knees, 

ask liis forgiveness in public* With these mild conditions they very cheerfully 

complied, and, having made their submission, they were again received into the 

royal favour. It was the misfortune of the reign of Edward to be disturbed by 

favouritism on the part of the king, and discontent on the part of the people, or 

To the rather of the barons. Gaviston was succeeded in the royal confidence by Hugh 

sers. le Despenser, or Spenser, and by his father, a venerable nobleman, whose wisdom 

and moderation were not sufficient to check the opposite qualities in his son. No 

sooner was Edward's attachment declared for the Spensers, than the tm-bulent 

barons, headed again by the earl of Lancaster, concerted plans for their ruin, and 

manifested theu* discontent by fldthdr'awing from parliament. The Spensers were 

accused of having committed injustice on the barons of Audley and Ammori, who 

possessed considerable estates in the marshes of Wales, and also on the heir of 

William de Braose, lord of Gower, who had made a settlement of liis estate on 

Jolm de Mo«:bray, liis son-in-law ; and, in case of failiu'e of that nobleman and his 

issue, had substituted the earl of Hereford in the succession to the barony of Gower. 

Mowbray, on the decease of liis father-in-law, entered immediately into possession 

of the estate, without the fonuality of taking " livery and seisin from the crown." 

From tliis infonnality the younger Spenser, who coveted that barony, persuaded the 

king to put in execution the rigour of the feudal law, to seize Gower as escheated 

Heads the to the crowu, aud to confer it upon liim. This gi'oss act of injustice so alai'med the 

against earl of Hereford, that he complained to Thomas earl of Lancaster, who thereupon 

'"^' mustered a number of the barons, with their adherents, at Sliii-eburne ; and from 

thence marched armed, and with banners, to St. Alban's, with the determination to 

reform the administration of the government. After remaining in this place for 

three days, the earl of Lancaster sent the bishops of Ely, Hereford, and Cliichester, 

to the Idng, then in London, requiring tliat he should banish the Spensers, as 

persons highly obnoxious to the people for vaiious acts of unposition and oppression. 

Scarcely afforcUng time to ascertain the success of this negociation, the earl and his 

adherents fell upon the lands of the younger Spenser, wliich they pillaged and laid 

waste ; murdered liis servants, drove off liis cattle, and burnt his houses. They 

* Ryley, p. 538. 



Coimtj) ^3alatmt of iLaiuasitn-, 129 

then proceeded to commit similar devastations on the estates of his father, and, chap. 
having formed aii association among themselves, they marched to London with all ' 

theii- forces, stationed themselves in the neighbourhood of that city, and exliibited 
before the parliament, which was then sitting, charges against the Spongers, who 
were both of them at that time absent from the country. These chai'ges the lay- 
bai'ons declared to he proved, and passed a sentence of attainder and perpetnal 
exUe against the ministers. Tlie conunons, though now an estate in parliament, 
were yet so little considered, that their assent was not required ; and even the votes 
of the prelates were dispensed Avith on the present occasion. To secure themselves 
against consequences, the barons obtained from the king an indemnity for their 
illegal proceedings.* The foUoinng year the king raised a powerful anny, with 
which he marched into Wales, and so far recovered confidence in liis o^vn strength, 
as to recall the Speusers. Many of the barons, considering their cause hopeless, 
sent in their submission ; but thg. earl of Lancaster, in order to prevent the total 
ruin of his party, summoned together Ms vassals and retainers, and, having received 
the promise of reinforcements, advanced with liis forces against the king, who had 
collected an army of tlm-ty thousand men. The earl, being aware of the inferiority 
of Ids own force, despatched into Lancashii-e Sir Robert de Holland, whom he had 
advanced from the humble office of liis butler to the dignity of knighthood, Avith a 
stipend of two thousand marks per annum, to bring up fi^e huucked men out of that 
coimty. The requu'ed force was raised without difficulty, but the perfidious knight, 
instead of bringing them to the earl, conducted them to the king. Finding himself 
disappointed of his levies, the earl marched to his castle at Pontefract, the ancient 
seat of the Lacies. Having called a council of the bai'ons by whom he was sur- 
rounded, wliich sat in the Black-friars in Pontefract, they advised liim to march to 
Dunstanburgh," iu Northumberland ; but this adnce he declined, and I'esolved to 
remain at Pontefract ; Avhereupon Sir Roger de Clifibrd, one of his knights, drawing 
out liis dagger, swore that he would plunge it into the breast of the earl, if he would 
not submit to the counsel that had been given to liim. Under the influence of these 
cogent arguments, the earl quitted Pontefract, and marched to Boroughbridge, where, 
finding the country-people in arms, and William, lord Latimer, then governor of the 
city of York, and Sn Andrew de Harcla, warden of Carlisle and the Marches, ready 
to encounter liim, the battle commenced without delay. The first thscharge of arrows His Fate. 
from the archers of the royal army proved so fatal to the Lancasterian force, that 
the earl betook himself to a chapel, wliich he refused to jield to Harcla, though he 
saw liis force partly dispersed and partly destroyed. Looking on the crucifix in the 
chapel, he spid :— " Good Lord, I render myself to thee, and put myself into thy 

* Tottle's Collect, part ii. p. 54. 
VOL. I. S . 



130 CI)f iJtsitorL) of ti)t 

CHAP, mercy." His prayers were unavailing ; the royal forces entered the chapel, and 
' the earl was made prisoner. To add indignity to liis misfortune, liis enemies took 
off liis coat of armour, and, putting upon liim one of liis men's liveries, they cai-ried 
him fii-st to York, and afterwards to Pontefract, where he was pelted hy the mob, 
and confined in the tower of the castle. " Being brought into the hall, in the 
presence of the Idng, he had sentence of death by these justices, viz., Aymer, earl of 
Pembroke, Echuund earl of Kent, John de Bretaigne, and Sii- Robert Malmethorpe. 
His defence was not listened to by liis judges, and the earl, in the bitterness of his 
complaint, exclaimed — " Shall I die without answer ?" After quitting the com't, he 
was exposed to fresh insults, and being set upon a wretched horse, without bridle, 
he Avas paraded through the streets with a friar's liood upon his head. On his way 
to the j)lace of execution, he cried — ' King of heaven, have mercy on me ! for the 
king of the earth nous ad guerthi.' Having arrived at a liill without the iowa, he 
knelt down towards the east, until Hugiii de Mustoii caused liim to turn his face 
toward Scotland, when an executioner from Loudon cut off his head." 

A number of the earl's followers were afterwards condemned and executed ; 
others fled beyond the seas, and, for a time, the public tranquillity was restored. 
His character is chfferently estmiated. His partisans represented liim as a saint ; 
his enemies, as a sinner, and that of no ordinary magnitude : by the former he is 
said to have wrought miracles after his death; by the latter he is described as a 
turbulent subject, an arbitrary master, and a faithless husband. The just way to 
estmiate his character is to make due allowance for the prejudices both of liis 
friends and liis enemies; and the conclusion mil then be, that he was a munificent 
benefactor to the poor, a devoted adherent to liis own order, and a man of more than 
orthnary mental powers; while, at the same time, he was ambitious, incontinent, and 
disloyal. 
His re- Many mkacles were reported to have been wrought at the tomb of this earl of 

lacics af- Lancaster ; and the people flocked in great numbers to the place of his execution, 
till the Idng, at the instance of the Spensers, set guards to restrain them. So great 
indeed was the veneration paid to liim, that they worsliipped liis picture, which, with 
other tilings, was painted on a tablet in St. Paul's cathech-al, London, till the king, 
by liis special letters to the bishop, dated from York, inhibited them from so doing. 
The royal mandate, which is highly chai'acteristic of the age, and forms a striking- 
proof of the estimation in which this earl of Lancaster was held, is subjoined in a 
translation : — 

The king's " The king to the venerable father in Christ, Stephen, by the same grace bishop 
of London, gTcetuig. It hath been thundered in our ears, to our severe afiliction, 
that many of the people of God, committed to your direction, being imposed upon by 



tei- death. 



mandate. 



Countp ^3alatinf of 2:nnfa6tfi% I3i 

a tliabolical fraud, foolishly approaching a certain picture in your church of St. Paul's, chap. 
London, on wliich are depicted certain statues, sculptures, or images of divers " 

persons, and, among the rest, the effigies of Thomas, formerly earl of Lancaster, an 
enemy and rebel to us, worship and adore it, ^\ithout the authority of the cliurch of 
Rome, as if it Avere a holy tiling, asserting that miracles are worked there, to the 
shame of the whole church, to our and your dishonour, the manifest danger of the 
souls of the people aforesaid, and a pernicious example to others ; and wliich 
you, knomng that these abuses prevail among the people entrusted to you, have 
permitted to be done, or rather pretended to be done, for the salie of gain or filthy 
lucre, by wluch we are not a little (Usturbed : We, therefore, command and strongly 
enjoin you, that you consider well the above premises, and observe that the above 
church is of our patrmiony, and that as, by reason of fidelity you owe to us, you wish 
to keep our honour safe, and to prevent our dishonour, you by all means prohibit the 
said people to approach the picture aforesaid, nor let them, witliout authority from the 
church of Rome, presume to make prayers, offerings, or any tiling else tencUng to 
divine worship, as you know to be your duty, according to canonical sanctions, in such 
wise conducting yourself on tliis behalf, that you may avoid our indignation and the 
wi'ath of God ; and the people aforesaid, being profitably instructed by the prudence 
of your doctrines, may wholly desist from the aforesaid abuses, that the renown of your 
praise may be spread among the same people, and that we may justly continue the 
benevolence conceived towards you and the aforesaid church. And what you shall 
resolve to do in this matter, describe in your letters to us without loss of time. 

" Witness the king, at York, 28th June, 16th year of his reign." 

Notwithstanding this inliibition, the memory of the deceased earl was cherished 
with the deepest veneration; and it was generally believed, in that age of super- 
stition, that, in addition to other miracles, blood issued from his tomb. In the reign 
of Edward I. the king, in compliance AA-ith the wishes of liis subjects, presented 
a petition to the pope, beseecliing liim to gi-ant canonization to the departed earl 
Thomas;* but it does not appear that tliis saint was ever added to the calendar. 

Ancient slander asserts that Alice, the wife of Thomas, earl of Lancaster, Maniage 

of Ills 

was repudiated by her husband on account of her familiarity with Ebulo Le Strange, widow. 
a younger son of lord Strange, of Knockin. However this may be, after the 
death of her husband, she was manied by Ebulo without the king's license; 
and all the lands of her inheritance, which were held of the king in capite, Avere Foifeits 
seized and detained. This confiscation Avas not relaxed till she delivered up dowry. 
those lands wliich lay in the counties of Lancaster, Cheshire, and Yorkshire, and gave 
* Rot. Rom. et Franc. 1 Edw. III. n. 4. in Turr. Lend. 
S 2 



manners. 



132 €l)t ?)l£itOll) Of U)t 

CHAP, tlie castle and lordsliip of Denbigh, in Wales, and also the castle of Biilliugbrook, 
^^' in the county of Lincoln, and other parts of the kingdom, unto Hugh le Despenser, 
the royal favomite. After being divested of these immense possessions, the lands 
which she still held amounted to no less a sum in annual value than -3000 marks. 
At the death of tliis lady, which occun-ed in the year 1348, all the lands of that 
oi-eat inheritance, which descended to her from Henry de Lacy, late eaii of Lincoln, 
by virtue of the grant made by her father, and by the gi-ant of king Edward I. came 
to Henry, earl of Lancaster, afterwards the duke of Lancaster; which lands lay in 
Blackbumsliii-e, Rochdale, Tottington, and Penwortham, in thecounty of Lancaster; 
Halton, in the county of Chester; Bowland and Snaith, in the county of York; and 
divers other parts of the kingdom. 

Early A household book of Thomas, earl of Lancaster, preserved in the record of 

Pontefract, and quoted by Stow, exhibits a curious illustration of the manners 
and customs of the early part of the fourteenth century. This book, kept by Henry 
Leicester, liis cofferer, shows the amount of the disbursements of Tliomas, earl of 
Lancaster, in liis domestic expenses, for tlie year 1313, which were no less than 
£7359. 13s. 0|f/. At that time sUver was of the value of one sliilling and eight- 
pence the ounce, or 20s. the lb. troy: his total expense, therefore, in one year, 
amounted in our money to about twenty-two thousand pounds — an inmiense 
amount, when the great dispaiity in the price of provisions between that tune and 
this is considered. 

ii^ciu0rf)oltr laooft of ^Tijonia^, i5arl of Itanraetfr, in tftc Wcav 1313. 

£. s. d. 

Charge of the pantry, butteiy, and Idtchen 3405 

To 184 tuns, 1 pipe, of red or claret wine, and 2 tuns of 

white Avine 104 17 6 

Togi-ocery 180 17 

To 6 ban-els of sturgeon 1900 

To 6800 stock-fishes, so called, and for dried fislies of all 

sorts, as lings, haberchnes, (kc 4167 

To 1714 pounds of wax, vermilion, and turpentine . . . 314 7 4^ 
To 2319 pounds of taUow-candles for the household, and 

1870 of lights for Palis candles called perchers . . . 31 14 3 

*To charge of the earl's great horses and servants' wages . 486 4 Si 

To linen for the earl and liis chaplains, and for the paiitiy . 43 17 

To 129 dozen of paixhment, and ink 4 8 3J 

* The number of the earl's horses was generally about 1 ,500. 



Countp ^3a!atinc of aanfa^trr. 133 

To 2 clotlis of scai-let for the earl's use; one of russet for tlie £. s. d. chap. 

bishop of Anjou; 70 of bUie for the knights ; 28 for the L_ 

esquii-es; 15 of mecUey for the clerks; 15 for the ofEcers; 
19 for the gi-ooms; 5 for the archers; 4 for the minstrels 
and carpenters, with the sharing and carnage for the 

eail's liveries at Christinas 460 15 

To 7 furs of variable miniver, or powdered ermine, 7 hoods 
of purple, 395 furs of budge for the liveries of barons, 
knights, and clerks; 123 furs of lamb, bought at Christ- 
mas for the esquu-es 147 17 8 

To 65 saf&on-coloured cloths for the barons and knights 
in summer; 12 red cloths for the clerks; 26 ray cloths 
for the esquires, 1 for the ofEcers; and 4 ray cloths for 

carpets in the hall 345 13 8 

To 100 pieces of gi-een silk for the kniglits; 14 budge furs 
for surcoats; 13 hoods of budge for clerks; 75 furs of 
lambs for liveries in summer, with canvass and cords to 

truss them 72 19 

To saddles for the lord's summer liveries 51 6 8 

To 1 saddle for the eai'l, of the prince's aims 2 

To several items [the pai-ticulars in the account defaced] . 24114 U 

To horses lost in the service of the earl 8 6 8 

To fees paid to earls, barons, knights, and esquires . . . 623 15 5 
To gifts to knights of France, the queen of England's 
nurses, to the Countess of Wan-en, esquii-es, minstrels, 

messengers, and riders 92 14 

To 168 yards of russet cloth, and 24 coats for poor men, 

with money given the poor on Maucdv Thursday ... 8167 
To 24 silver dishes; 24 saucers; 24 cups; 1 pair of pater- 
nosters; 1 sUver coifer; all bought this year .... 103 5 6 
To diverse messengers about tlie earl's business .... 34 19 8 

To sunchy things in the earl's chamber 5 

To several old debts paid tliis year 88 16 Oi 

The expenses of the countess at Pickering, in the pantry, 

buttery, kitchen, &c 285 13 4 i 

In wine, wax, spices, cloths, furs, &c. for the countess's 

wai-cb-obe 154 7 4i 



Total £7359 13 Oj 



CHAP. 
IV. 



134 m)t JnstOll) Of tt)t 

A Maximum on the price of provisions was established by a royal proclamation 
in 1314, by which the following rates were fixed : — 

£. s. d. 

The best gi'ass-fed ox alive 0160 

The best giain-fed ox 14 

Tlie best cow alive and fat 12 

The best hog of two-years old 034 

Tlie best shorn mutton 012 

The best goose 003 

Tlie best cajwn 2J 

The best hen 1| 

The best cliickens, 2 for U 

The best young pigeons, 3 for 1 

20 eggs 1 



Henry, 
earl of 
Lancas 
ter. 



Tliis maximum, after existing for twelve yeai"s, was repealed in the year 1326. 

Henry, brother and heir of Tliomas eai'l of Lancaster, obtained a gi'ant of the 
custody of the castles and honor of Lancaster, Tutbuiy, and Pickering, 20 Edw. II., 
and in the followuig year an act was passed for reversing the attainder of his unfor- 
A.D.1326. tunate brother ; Avhereupon he became possessed of all the lands and lordships 
which had been seized on the death of liis brother, namely, the earldoms of Lancas- 
ter and Leicester, and all the other lauds of winch Edmund liis father, and Thomas 
liis brother, were formerly possessed. This document, which is preserved in the 
national archives in the Tower of London, serves to shed much light upon the 
local liistory of the age.* The life of tliis earl was not remarkable for any 



A. D. 1327, 
An. 1 Edw. III. 

Claus. 1 Edw. III. 
p. I. m. 3. in Turr. Lond. 



* ACT OF RESTITUTION. 

" Rex dilecto sibi, Adas de Boghier, nuper firmario manerii de Berleye, 
in comitatu Eborum, salutem. Cum ceperimus homagium dilecti consanguinei 
& fidelis nostri, Heniici comitis Lancastr' & Leyc', fratris & haeredis Thomse, 
nuper comitis Lancastr', defuncti, de omnibus terris & tenementis, que idem 
Thomas, frater suus, tenuit de domino E., nuper rege Anglise, patre nostro, in capite, die quo 
obiit, & ei terras illas & tenementa reddiderimus, eaque sibi mandaverimus liberari. 

" Nos, volentes eidem comiti gratiam in hac parte facere specialem, concessimas ei omnes exitus & 
arreragia firmarum, de terris & tenementis, quee fuerunt praedicti Tliomas die quo obiit, provenientes, 
de quibus preedicto patri nostro, aut nobis, nondum est responsum, habend' de nono nostro. 

" Et ideo vobis mandamus, quod eidem comiti exitus, & arreragia hujusmodi de tempore quo 
firmarius dicti manerii, quod fuit preedicti Thomse die quo obiit, fuistis (si quse in custodia vestra 
existant) liberetis, habendos in forma prsedicta ; volumus enim vos, de eisdem firmis & arreragiis, erga 
nos exonerari. " Teste rege, apud Staunford, xxiii die Aprilis. 

" Per ipsum Regem. 



CountL' |3nlntmc of aaitwsfttr. 135 

great political event connected with tlie house of Lancaster. He left issue, by cmai' 
Maud, his wife, Henry, Ins son and heir, and six daugliters : Maud, married ^^' 
to William de Burgh, earl of Ulster, and afterwards to Ralph, son and lieir of Henry, 
the earl of Suffolk ; Blanch, to the lord Wake ; Eleanor, to Richard, eari of *"'' '°"" 
Arundel, having the pope's tlispensatiou for the same, on account of their affinity, 
and likewise because in his tender years he had contracted matrimony with Isabel, 
the daughter of Hugh le Despenser, liis kinswoman in the second deo-ree of con- 
sanguinity ; Isabel, prioress of Ambressbury ; Jane, married to lord Mowbray ; 
and Maiy, to lord Percy. 

" Eodem modo mandatum est subscriptis ; videlicet, 

" JoHANNi DE Lancastria, ciistodi hoiioris Lancastriae. 

" Galfrido de Werburton, vicecomiti Lancastriae. 

" Johanni de Kylvynton, ciistodi honoris de Pykervno-. 

" Roberto Foncher, custodi de IVlelebourne & fiimariis honoris de Tutlebury. 

" WiLLiELMo David seniori, Roberto de Hilton, & sociis suis, firmariis vill de Tutlebury. 

" Thom;e de Rolleston, firmario vill de Rolleston. 

" Philipo de Somervill, firmario manerii de Barton. 

" Richardo de Wythenhull, Nicholao de Salopia, & sociis suis, firmariis manerii 

de Adgersleye. 
" Roberto le Hunte, Johanni de Verney, & sociis suis, firmariis manerii de Utoxhather. 
" WiLLtELMO David, firmario manerii de Yoxhale. 
" Johanni de Kynardeseye, firmario manerii de Marchinton. 
" Prior, de Tutlebury, firmario manerii de Scropton. 

" HugonideMeinell seniori, Roberto FoucH,&sociis suis, firmariis hundredideAppeltre. 
' Roberto Fouch, Johanni de Denum, & sociis suis, firmariis maneriorum de Beaurepeir, 

Dofteld', Heigheg', Holebrok, Suthewode, Wyneleye, Holond, Wevvebiggynge, 

Edricheshay, Alrewasseleic, & Coldebrok, cum membris. 
" Johanni de Kynardeseye, Waltero Walteshef, & sociis suis, firmariis wapentachii 

de Wirkesworth & Assebourne, cum membris. 
" Laurentio Coterell & sociis suis, firmariis miners Plumbi ejusdem wapentachii. 
" Nicholao de Hungerford, firmario quarerse de Rovfeclif. 
" Thom;e de Radeclive, Henrico de Bek, firmariis manerii de Spoudon. 
" WiLLiELMO Cokeny, firmario burgi de Asshebourne. 
" GiLBERTo Henry de Yoxhale, firmario hundredi de Grescleie. 
" Edmundo de Assheby, custodi feodorum honoris Lancastrise, in comitatu Lin', Notyng- 

ham, StafFord', & Eborum, & maneriorum de Wadinton & Alkeberugh. 
" Johanni de Wyvill, firmario manerii de Ridelinton. 
" Riciiardo de Whatton, nuper firmario curiarum de Bothenieshull & Crophull, in 

comitatu Notingham. 
" Marine comitissse PEMBROCHia;, pro manerio de Hegham. 
" WillielmoTrussel, escaetori citra Trentam. 
" SiMONi ioE Grymesby, cscaetori ultra Trentam. 
" Odoni de Stok, nuper custodi castri de Kenilworth." 



136 , ■' Wl)t W^tovv Of tl)r 

CHAP. Heniy, son and lieii- of Hemy, sumamed Giismoud, from the place of bis bii-tli, 

^^" obtained, in 7 Edwai'd III. a grant ft-om liis fatber, dated at Kenilwortb, 28tb Decem- 



A.D.1333. ber, of the castle and town of Kidwelly, Avith tbe wbole territory of Carnwartbland, 
&c. and in tbe 9 Edward III. be was in the expecUtion to Scotland, at Avbicb time 
he o'avp such proof of bis valour and military skill, that be obtained from tbe long a 
oi-ant of certain lands at Berivick-upon-Tweed, which bad belonged to Peter de 
Kymeringbam. On tbe 7tli of April, in tbe year ensuing, be was made captain- 
o-eueral of tbe king's ai-my in that realm; and in May following be received tbe title 
of banneret. Two years afterwards he was advanced to the title and dignity of the 
earl of Derby ; liaving, besides tbe annual fee of £20 per amium, (usually given in 
lieu of tbe tcrtium denarium de placitis comitaius, which tbe earls anciently bad,) a 
pension of 1000 marks, to be received yearly during bis father's life, out of tbe 
customs of London, Boston, and Kingstou-upon-HuU, untU the king should other- 
wise provide for him in lands, or rents, of tliat value. Shortly after tliis, lung 
Edward, designing to clear the Isle of Cagant of tbe ganison which the French had 
placed there, sent over this earl ^vith considerable forces ; where, upon the first 
encounter, the gallant earl of Derby advanced so fai', that he was struck down, when, 
by tbe valour of the famous Sir Walter Manney, he was raised up, and placed out 
of danger ; the gallant knight crying, " Lancaster for tbe earl of Derby."* 
Hismiii- lu 16 Edwaxd III. the earl was in another expedition into France, having with 

novvn. lum of liis rctiuue 5 bannerets, 50 knights, 144 esquires, and 200 archers on horse- 
back ; and bad for his wages in that service, an assignation of a hundred and eighty 
sacks of Avool ; taking for himself eight shillings per diem ; for every banneret, four 
slullings; every knight, two shillings; every esquii-e, one shilling ; and every aixber, 
sixpence. He had also tbe same year an assignation of 1000 marks for guarding 
the mai-cbes of Scotland. In 18 Edward III. tlie earl of Lancaster was engaged in 
another expedition to tbe south of France, and, according to Walsingbam, after 
taking tbe strong iovra of Brigerac, be subjected no less than fifty-six cities and 
places of note to tbe dominion of king Edwai'd; and such Avas the terror of liis name, 
that the cry of " A Derby !" " A Derby!" carried dismay into the enemy's camp. 
In tliis year of his gi-eat exploits, bis father died, as already mentioned, on wliich the 
earl of Derby succeeded to the honor, castle, and eai-ldom of Lancaster. Tlie famous 
order of the Garter was first instituted in 1.349 ; of wliich, next to the Idng, prince 
Edward was the first knight-companion, and the earl of Lancaster the second.f 

* Sir John Froissart's Chronicles, liv. i. chap. 30. 
t The number received into this order consists of twenty-five persons, besides the sovereign ; and 
as It has never been enlarged, the value of this badge of honourable distinction continues unimpaired. 
Tlie particular cause of its origin is unknown ; but a story prevails, that the mistress of king Edward, at 



Count!) ^3alatint of iianrasitrr. 137 

After the siege of Poictiers, of wliicli the earl of Lancaster, Derln', aud Leicester chap. 

was the hero, he was ai^pointed by the Idug, together with WiUiam de Clinton, 

earl of Huntingdon, Renaud de Cohham, sii- Walter Manney, William Lovell, and 
Stephen de Consintone, to hear and determine all disputes relating to aims. At this 
tune he had of his own retinue 800 men at anns, and 2,000 archers, with 30 banners, 
and kept such hospitality, that he spent a huncked pounds a day. After the ti'uce, 
it was found also that he had expended, in those wars of France m which the battles 
of Crecy and of Poictiers were fought, about seventeen thousand pounds sterling, 
besides the pay which he had from the king. In consideration whereof he obtained 
a gi-ant, beaiing date fi'om the camp before Calais, 21 Edwai'd IIL to liimself and a.d.i348. 
liis heii's male, of the castle and town of Brigerac, wliich was one of the places he 
had taken by strong assault; likeAvise of aU the lands and goods wliich he had taken 
at St. John d'Angelyn, until their ransom were satisfied ; and soon after he procured 
another grant to himself and his heii's male, of Horeston castle, in the county of 
Derby, and the annual rent of forty pounds, issuing out of the town of Derby. Soon 
after this he was constituted the king's lieutenant and captain-general in the parts of 
Poictou ; and, to cro^^^l his (Ugnities, and to reward liis merit, the title of DUKE Created 
OF LANCASTER was conferred upon him by the king. Lancaster. 



29ufec0 ot IBLammttv* 



Henry, the first duke of Lancaster, having received liis title to the dukedom by 
the general consent of all the prelates and peers then sitting in parliament at West- 
minster, for his life, he was invested therewith by cincture of a sword ; with power chancery 
to have a chancery in the county of Lancaster, and to issue out writs there, under Lancaster 
liis own seal, as well touching pleas of the crown as any other relating to the com- 
mon laws of this realm ; as also to enjoy all other liberties and regalities belonging county 
to a county palatine, in as ample a manner as the earl of Chester was known to have palatine. 

a court ball, dropped her garter , and the king, taking it up, observed some of the courtiers to smile signi- 
ficantly, as if they thought he had not obtained the favour by accident : upon which he exclaimed, 
Honi soit qui mal y pense, (Evil to him that evil thinks) ; which was adopted as the motto of the 
order. 

VOL. I. T 



138 CI)f ?i?i6torj) of tfK 

CHAP, within that county.* About this time likewise he was constituted admiral of the 

'- — king's whole fleet, from the Thames westwai-d. 

In the Harleian MSS. in the British Museum,']" a document is jneserved, con- 
taining the names of some of the principal and subordinate officers of the Duchy of 
Lancaster, on the fii-st institution of the duchy, 'svith a list of the salaries paid for 
theii- services, of wliich the follo^vdng is a ti-anslation : — 

Fees and Wayes of the Officers within the King's Duchy of Lancaster, made in the 
■ 22d of the Reign of Edward III. 

Lancaster, with its Members. 
Richard, duke of Gloucester, head stewai'd there, per ann. 
Thomas Molineux, constable of the castle of Liverpool . . 
The same, head-forester of Simon's wood, and king's parker 

of Croxteth 

The same, liigh-steward of West Derbyshire and Salfordsliire 
Thomas lord Stanley, receiver of the county Lane, per ann. 

Hugh Worthing-ton, forester of Querumore 

Two foresters of Wii-esdale, each of them per ann. 30s. 4d. 
Richai-d Pilkington, keeper of the park of Hyde and Ful- 

wood, per ann 

Tliomas, lord Stanley, pai-ker of the park of Toxtetli . . 
Thomas Richardson, 1 forester of the wood of Mirescough . 
John Adamson, another forester of the same wood, per ann. 

Two foresters in Blesedale, per ann 

Su' James Harrington, knt., senescal of Lonsdale and 

Amounderness 4l. 4s. Od. 

* CREATION OF THE DUKE OF LANCASTER. 
25 Edward III. 
" Rex, de assensu parliament!, creavit Henricum com' Lane' diicem Lancastr' ; & con- 
cessit prefato duci, ad totam vitam suam, quod habeat infra eundem com' cancellariam suam, 
& Br'ia sua sub sigillo sue pro officio cancellar' deputand', consignand' justiciar' sues tam ad placita 
corone quam alia coem legem tangent', ac cognitiones eorundem quascunque executiones per fer'ia sua 
& ministros suos ibidem fac', & quascunque alia lititates & jura regalia ad comitem palatinum 
pertin', adeo integre, &c. sicut comes Cestri' infra com' Cestr' dinoscitur optinere ; decimis & aliis 
quotis concessis per clerum, pardonationibus vite & membrorum, potestate corrigendi ea que in cur' 
suis ibidem erronic^ facta sunt, &c. semper salvis. Et quod ad mandatum regis mittat ad parlia- 
mentum duos milites & burgenses, &c. 

t Cod. 433. fo. 317 a. 



Ql. 


13s. 


4d. 


61. 


13s. 


4d. 




70s. 


4d. 




100s. 




61. 


13s. 


4d. 


41. 


lis. 


Od. 




60s. 


8d. 




30s. 


4d. 




60s. 


8d. 




60s. 


Sd. 




60s. 


8d. 




30s. 


4d. 



Coimtp IJalatinr of ilancaeiUr. 

The same, Sir James, keeper of the park of Quernmore, p. an. 45s. Qd. 

Ths. Thwayte, chancellor of the coimty palatine of Lane. . 40/. Os. Od. 

Sir H. Fairfax, knt., cli. justice of the king at Lane. p. ann. 261. 13s. 4d. 

Richard Pigot, another king's justice at Lane, per ann. . 231. 6s. 8d. 

John Hawardyn, king's attorney-gen. at law there, p. ann. 61. 13s. 4d. 

John Lake, clerk of crown pleas 40s. Od. 

John Bradford, clerk of common pleas 40s. Od. 

Jolm Lake, William Bradford, and John Bradford, clerks of 
the crown in the county of Lane, in the time of sessions, 
for their wages for 40 days, each of them 2s. per day . 6/. Os. Od. 

Ranulphus Holcrofte, baron of the King's Bench at Lan- 
caster, per ann 4Z. Os. Od. 

Thomas Bolrou, crier of all sessions and courts of the king, 

within the county of Lane, per ann 40s. Od. 

Thomas Ratclitf, Esq., constable of the king's castle of Lan- 
caster, per ann 13/. 6s. 8d. 

Thomas Barowe, master-mason of the king's castles, ivithin 

the counties of Lancaster and Chester 121. 3s. 4d. 

Peter Wraton, king's cai-penter at Lancaster, and clerk of the 
king's works there 7Z. 3s. 8d. 

Total £200 18s. 2d. 



139 



CHAP. 
IV. 



Clyderowe, with its Members. 



Richard, duke of Gloucester, stewai-d of the lordsliip of Pen 
wortham . 

Thomas, lord Stanley, receiver of the lordship of Clyderowe 

Brian Talbot, constable of the castle of Clyderowe . . 

Roger Banaster, porter of the castle there, per ann. 

John Cays, parker of the park of Musbury, per ann. 

John Talbot, parker of the pai-k of IgletunhuU, per ann. 

Robert Harington, parker of the park of Radam, per ann. 

John Hunter, keeper of the chace of Trowdon, per ann. 

Richard Sluobury, keeper of the pai-k of Lathegi'yne, and 
paler of the same . 



6/. 
10/. 



20s. Od. 

13s. 4d. 

Os. Od. 

40s. 8d. 

30s. 4d. 

40s. 8d. 

30s. 4d. 

40s. 8d. 

45s. 6d. 



Total 



£22. Is. 6d. 



T 2 



140 Cf)f 2)l£itOll) Of tftf 

CHAP. The duke of Lancaster, deeply imbued with the chivali-ous s])ii-it of tlie age in 

^^' which he Uved, obtained a license ti-om the king to proceed to Sp-acuse, to fight against 
The duke the infidels. To guard against the possible consequences of tliis crusade, he obtained 
ter'sX'^^s a royal grant, providing, that in case he should depart this life before liis return, his 
of arms, g^gg^^oj-g should retain all his estates, castles, manors, and lands in then- possession, 
untU his debts were (hschai-ged. On his journey he was taken prisoner in Germany, 
and constrained to give three thousand scutes of gold for liis liberty. This sui-prisal 
was made at the instance of the duke of Brunswick ; and learning, before he came to 
his destination, that the Christians and the pagans had made a truce, he returned to 
Coloone, where he obsei-ved, " that it did not belong to a person of the duke of 
Brunswick's rank to deal ^ritli a stranger in the manner that the duke had dealt 
with him ; that he had never offended liim ; and that if the duke thought proper to 
interfere ^ith his concerns, he woidd find liim ready to play a sokUer's part." Tliis 
conversation having been conununicated to the duke of Brunswick, he sent the duke 
of Lancaster a letter of challenge to meet him at Calais in single combat. Tlie 
duke of Lancaster accepted this challenge with alacrity, and, taking with liim fifty 
knio-hts and a large retinue, he proceeded towards the scene of action. A rencoun- 
ter between two personages of so much distinction excited the deepest interest both 
in France and England ; and gi-eat efforts were made, but without success, to recon- 
cile the combatants without an appeal to arms. On the appointed day they entered 
the lists, and, having taken the usual oaths, mounted their horses for the combat. 
In the moment of triiil, the courage of the duke of BrunsAdck failed him, and he 
quitted the quarrel, and submitted himself to the award of the king of France. The 
king and Ids court, who were to have witnessed the combat, now became the media- 
tors, and at a great feast reconciled the dukes to each other. 
Having effected this object, the king exhibited to the duke of Lan- 
caster a great variety of rare and costly oniaments, wliich he pre- 
Hoiy sented for his acceptance ; but the duke selected only one of the 
many cmiosities wliich were laid before him, and that was a relic, 
in those days higldy venerated, namely, a thorn out of the crown 
of our Saviour, wliich he brought to England, and deposited in the 
collegiate chiu-ch of our lady at Leicester.* 

Tliis heroic duke, who, for liis deeds of piety, was styled the " Good Duke of 
Lancaster," out of his devout respect to the canons of the collegiate chm-ch at 
Leicester, pennitted the priests to enclose their woods, and stored them Avith deer 
out of liis own parks. After tliis time he received special command from the king 
to keep a strict guard upon the sea-coasts of Lancashire, and to aim all the lanciers 
* This sketch of the holy relic is from Nichols's History of Leicestershire. 



relic. 




Coimtp |3alatinr of ILancasitiT. ui 

who were raised in bis tonitories for the jiiihlic serncc. In 31 Edward III. char 

John king of France, having been taken prisoner by Edwai-d tlie Black Prince, was 

brought into tliis country. The captive monarch became the guest of Henry duke A.D.1337. 
of Lancaster, in his stately palace in the Savoy, which he had completed at the 
expense of fifty-two thousand marks, obtained at the taking of Brigerac. 

Tlie duke of Lancaster, ha\ing terminated liis cai-eer of military renown, devoted Hischari- 
liimself to works of piety ; and amongst Ids other acts of munificence, was the gift "^' 
of a certain livery to the two recluses in the house of St. Helen, at Pontefract, called To the 
the " black Hverys," which appertained to liis donation as Lord of the Honor of yen's/' 
Pontefract, to be paid every day out of the hospital of St. Nicholas there, for the 
finding of a priest to celebrate divine service in the cliapel of St. Helen for ever. 

By a deed, bearing date the 2nd of Jauuaiy, in the 35th of Edward III., he gave a.d.ugi. 
to the monks at Whalley, in tliis county, and to theii- successors, two cottages. To whai- 
seven acres of land, one huncked and eighty-thi-ee acres of pasture, two hundred ^ '^^" 
acres of wood, called Ramsgi'ove, aU Ij^ng in the chase of Blackburn; Hke^-ise two 
messuages, a huncfred and twenty-six acres of land, twenty-six acres of meadow, and 
a hundred and tliii'ty acres of pasture called Standen, Holcroft, and Grenelache, 
Ijiug within tlie townships of Penhulton and Clitheroe, Arith the fold and foldage of 
Standen, to support and maintain two recluses in a certain place within the churcli- 
yai-d of the parochial church of Whalley, and tlieii- successors recluses tliere ; as 
also two women-servants to attend them there, to pray for the soul of him the said 
duke, his ancestors and heu"s ; that is to say, to find them every week thi'oughout 
the year seventeen loaves of bread, such as usually were made in theu* convent, 
each of them weighing fifty shillings sterling ; and seven loaves of the second sort, of 
the same weight ; and also eight gallons of then- better sort of beer ; and threepence 
for their food. Moreover, every year, at the feast of All Saints, to provide for them 
ten large fishes, called stock-fish ; and one bushel of oatmeal for pottage ; one 
bushel of rye ; two gallons of oil for then* lamps ; one pound of tallow for candles ; 
six loads of tiu'f, and one load of faggots, for theii- food ; likeA\ise to repau' their- 
habitations ; and to find a chaplain, with a clerk, to sing mass, in the chapel belong- 
ing to these recluses, every day; and also all vestments, and other utensils and 
ornaments, for the same chapel ; the nomination of successors, upon deaths, to be in 
the duke and his heirs. 

This " good duke of Lancaster" completed the hospital begun by liis father, at 
Leicester, wherein were maintained a hundred infinn poor persons. Within tlie 
precincts also of the Newark, he founded a most magnificent and goodly college, ToLeices- 
and set over it a dean, twelve canons, tliii'teen vicars choral, thi-ee clerks, six lege, 
choristers, and one merger ; all of wliom were sufiiciently proAided Avith revenues. 



142 €i)t ?l)istorj) of tl)t 

CHAP. Both the hosi:)ital and college continued the gi-eatest ornaments of the tomi of 
" Leicester tUl the general dissolution of religious houses at the Reformation. By his 

A.D.1361. ivill, bearing date at the castle of Leicester, the 15th of March, 35 Edward III., 
wherein he styles liimself Duke of Lancaster, Eail of Derby, Lincoln, and Leices- 
ter, steward of England, and Lord of Brigerac and Beauford, he bequeathed liis body 
to be bui-ied in the collegiate church of our lady of Leicester. He only siu'vived the 
making of tliis testament nine days. At that time a plague raged in England, which. 

His death, in allusion to the great plague in 1349, Bai'nes calls the " second plague, notliing 
near," says he, " so dismal and universal as the former, but much more destructive 
to the nobility and prelacy." Thus died a man most worthy to live for ever, even the 
great, valiant, and liberal piince Hemy Plantagenet, March twenty-four, 1361. 

His issue. He left issue by Isabel, his wife, daughter of Henry lord Beaumont, two daugh- 

ters, his heirs : Maud, twenty-two years old, first married to Ralph, son and heir of 
Ralph lord Stafford ; and after to William of Bavaria, son of Lewis the emperor ; 

John of and Blanch, nineteen years old, married to John of Gaunt, earl of Richmond, fourth 
son of king Edward III. Maud, the elder, had for her pui-pai'ty an assignment of 
the manors in the counties of Berks, Leicester, Northampton, Rutland, and Hunt- 
ingdon, and also the lordsliip of Beauford and Nogent in France. And to John 
eail of Riclmiond, and Blanch his wife, " whose homage was then taken by reason 

His pos- of issue between them, the castle and town of Pontefract ; the manors of Bradeform, 
Almanbuiy, Altofts, Wamfeld, Rothewell, Ledes, Roundehay, Scoles, Berewyck, 
Kepax, Aberford, Knottingley, with the mills there ; Beghale, Kamsale, Ouston, 
Elmesdale, Akworth, and Staincros ; the baihwick and honor of Pontefi'act ; a certain 
rent, called castlefenne, with the pleas and perquisites, also the manors of Kiiteling 
and Barlay ; except such lands therein as were held for life, (the reversion to the 
said duke,) the castle of Pickering, with the soke and all its members ; the manors 
of Es}-ngwold and Scalby, with the members, all in the county of York ; the wapen- 
takes (or rather hunckeds) of Leyland, Amunderness, and Lonsdale ; the manors of 
Oves-walton, Preston, Shingleton, Riggeby and Wra, Overton, Skirton ; the towns 
of Lancaster and Sh^le ; the royal bailiwick of Blackbm-nshire, the office of master- 
forester beyond Ribbel ; the viccary of Wyi-esdale, likewise the manors of Penwor- 
tham, Totyngton, and Rachedale ; the wapentake of Clyderhowe, with the demesne 
lands there ; the lordship of Bowland, the \'iccary of Bowlaud and Blackburnshire ; 
the forest of Blackbm-nshire and the park of Ightenhull, Avith the appmlenances hi 
Blackburnshu'e ; all in the county of Lancaster. The castle and manor of Dun- 
stamburgh, with the manors of Shoplaye, Stamford, Bm-ton, and Emeldon ; also the 
fishing of Tweed, in the county of Northumberland. The manor of Hinckley, with 
the bailiwick there, in the county of Leicester ; the castle and manor of Kenilworth, 



sessions. 



Counti) ^Jalatinr of iLnitrastrr. 143 

will the pool and mill there ; the manors of Wotton, Shrewle, Radesle, and Ashtul, chap. 

with then- appurtenances, in the county of Wai-wick ; the manors of Halton, Ron- 1 

kore, More, Whitelawe, Congleton, Keleshole, and Bedestan ; the bailiwick of 
Halton ; the town of Wyndenes, serjeantry of Wyndes, in the county of Chester. 
In adcHtion to these gi'eat lordships and lands, there was a farther assignment made 
unto the eai-1 of Richmond, and Blanch liis Avife, of the manors of Coggleshul, Cride- 
lyng, Bailey, Kilbom-ne, Toresholme, Marthesdon, Swanyngton, Passenham: lilie- 
wise certain lands in Daventre and Hinkele, with the mUls of Lillebom ; also the 
manor of Uggele, in the county of Essex."* 

John of Gaunt, duke of Lancaster, was born at Gaunt (Ghent) in Flanders, His his- 
between the 25th and 31st of March, 1340, from whence he derived liis surname; '"'^' 
and on the 20th of September, 1343, he was created earl of Richmond, having 
therewith a gi'ant in tail general of all the castles, manors, and lands belonging to 
that eai'ldom, and all the prerogatives and royalties which John, late duke of Britany 
and Richmond, enjoyed.f In 1355 he attended the king, his father, on an expedi- 
tion into Flanders, and in 1357 had a gi-ant in special tail of the castle and lordsliip 
of Lydell, in the county of Northumberland. 

Having obtained a special dispensation from Rome, he was married at Reading, His 
in Berkshire, to his cousin, the lady Blanch, second daughter and co-heir of Henry 
Plantagenet, duke of Lancaster. In 1361 he obtained a special charter for divers 
privileges to liimself, and his heirs by Blanch his wife, namely, return of writs, 
pleas of Withernam,^ felon's goods, &c. in all the lordsliips and lands whereof he 
was then possessed, with freedom for himself and his heirs, and all the tenants and 
residents upon the lands, and fees which belonged to Henry, eail of Lancaster, from 
all manner of tolls of what kind soever, throughout the whole kuigdom. The same 
year, having issue by his wife, and doing his homage, he had an assignation of her 
property in all the lands whereof her father died possessed. And by virtue of the 
king's license, he obtained a further grant from John bishop of Luicoln, Richard earl 
of Ai'undel, and others, to himself, liis wife, and then- issue, of the castle of Boling- 
broke, with the park, knights' fees, and advowsons of the churches thereto belonging, 
together with other manors in the counties of Stafford, Northumberland, and Derby. 

In 1362, upon the death of Maud, the vndow of William, duke of Bavaria, Vastac- 

ii-fTiTiii f^pssion of 

mthout issue, he had, in right of the said Blanch, the sister and hen- ol Maud, all ,veaitii 
the possessions appertaining to her moiety of the estate of Henry, duke of Lancaster, 

* In the enumeration of these splendid possessions, the ancient orthography is preserved, 
t Cart, in officina ducatus Lancastriee. 

t When a distress is removed out of the county, and the sheriff, upon a replevin, cannot make 
deliverance to the party distressed. 



144 ClK S}l6t0lJ) Of ti)t 

CHAP, deceased. Whereupon he was in parUament declared duke of Lancaster,* m riglit 
^^" of liis wife Blanch ; and the king girt him with a sword, and set on his head a cap of 
Created fuT and a ciixlet of gold, ^vitli pearls therein ; and created liim duke of Lancaster, 
LMca°^- with all the liberties and regalities of an earl palatine ; as also earl of Leicester, 
pnLtint Lincoln, and Derby, with the office of liigh steward of England, 
privileges. j^^ 1366, after having been empowered to vest several of liis estates in feoffees, 
in order to make a settlement on his lady, and to discharge some pecuniary incum- 
brances, the duke of Lancaster joined his brother, prince Edward, at Bourdeaux, on 
behalf of Don Pedro, king of Castile, who, owing to an insurrection of his subjects, 
fled into Gascony for aid. On breach of the truce in 1369, he was sent with a consi- 
derable force to give battle to the French ; being retained to serve the king for half 
a yeai- with 300 men at arms, 500 archers, 3 bannerets, 80 knights, and 216 esquires; 
but owino- to sickness amongst his soldiers, he did not venture to make the attack. 
On his return from Calais to England, he found that liis wife, the lady Blanch, had 

* CREATION OF JOHN OF GAUNT DUKE OF LANCASTER, 

36 Edw. III. 

" Edwardus, Dei gratia, rex Aiiglie, dominus Hibemie et Aquit,' archiepiscopis, abbatibus, 
prioribus, comitibus, baronibus, justic,' vie ecomitibus prepositis, ministris, & omnibus ballivis & 
fidelibus suis, salutem. Sciatis nos, considerant strenuitatem excrescentem & gestum laudabilem, 
quos in cariss'imo filio nro Johanna comite Lancastrie vigere conspicimus, ac volentes provide 
personam suam juxta claritatem generis sui ac morum suorum, merita, ut per ipsius potentiam & 
prudentiam regale sceptrum fulceatur, ad exaltationem & detentiam status sui honorare; eidem 
comiti nomen & honorem ducis dedimus, et ipsum in ducem Lancastr' prefecimus, ac de eisdem 
nomine & honore per cincturam gladii & appositionem cappe suo capiti investimus ; habend' & tenend 
eadem nomen & honorem ducis Lancastrie sibi & heredibus suis masculis de corpore suo legitime 
procreatis imperpetuum : Quare voUunus & firmiter precipimus, pro nobis & heredibus iiris, quod 
predictus filius iir nomen & honorem ducis Lancastrie habeat & teneat sibi & heredibus suis masculis 
de corpore suo legitime procreatis imperpetuum, sicut predictum est. Hiis testibus venerabilibiis 
prioribus : 

SIMONE archiepiscope Cantuar', totius Anglie primatfe ; 
W. WYNTON' cancellar', 
S. ELIEN' thes' iiris, episcopis ; 
RICARDO comite Arundell, 
ROBERTO Suff', 
THOMA de Veer Oxon' camerario iiro comitibus ; 
EDWARDO le Despenser 
RADULFO de NeviU 
JOHANNE de Nevill 
JOHANNE atte Lee, senescallo hospitii iiri; & aliis. 

Dat' per manum iiram, in pleno parliamento, apud Westm', decimo tertio die Novembris, 
anno regni nri tricesimo sexto. 



Coutttp |3nlatinc of aanrasttr. 145 

been talven off by the great pestilence, and that she had been interred witli great chap. 
funeral pomp in St. Paul's cathedral. '■ — 

In 1370, the duke of Lancaster was again engaged in an expedition into 
Gascony; and Peter the cruel, Idng of Castile and Leon, whom Edward, prince of 
Wales, had invested in his kingdom, having left at his death two daughters, who, to 
avoid the usurper, their uncle, had taken refuge in Gascony, he married Constance, 
the elder of the sisters. Soon afterwards he assumed tlie title of king of Castile 
and Leon, and supported his claim by force of arms, but without success. He 
impaled also the arms of Castile and Leon with his ducal coat. On his return to 
England, in 1372, the duke was empowered to surrender to the king liis father liis 
earldom of Richmond, with all the castles, manors, &c. to the same belonging, in 
exchange for numerous other manors in the counties of York, Norfolk, Suffolk, 
Huntingdon, and Sussex. Soon afterwai'ds he headed two formidable expeditions 
against France, both of which failed. In 1377, he obtained the manors of Grenested, 
Seford, and Leighton, ^nth several privileges in the same, and the castle and honor 
of Tildiill. He had license also to give his lordsliips of Gryngeleye and Wlieteley 
to Catharine Swinford, liis concubine (widow of Su- Hugh Swinford, knight, and 
daughter of Sir Paen Roet, knight, guyen king of arms) for life. 

During this year he procured the gi-ant of a chancery in liis dukedom of Lan- Grant of 
caster, with all other royalties pertaining to a county palatine, to hold in as ample a in the 

. ,,..»■,. duchy of 

manner as the earl of Chester ever enjoyed the same ; with an obhgation of sending Lancas- 

/• 'sr, and of 

two knights to parliament as representatives of the commonalty oi the county oi palatine 
Lancaster, with two burgesses for every borough within the said county.* He had for the 

county. 

* CHARTER OF DUCHY AND COUNTY PALATINE. 
51 Edward HI. 
" Rex omnibus, ad quos, &c. salutem. Sciatis quod si nos, debits consideratione pensantes 
gestus magnificos cunctorum, qui nobis in guerris nostris laudabiliter et strenu^ servierunt, ipsos 
desideramus honoribus attollere, et pro viribus, juxta merita, prEemiare; quanto magis filios nostras, 
quos, tam in sapientia quara in gestu nobili, alios prsecellare conspicimus, et qui nobis locum tenerunt 
et tenere poterunt potiorem, nos convenit majoribus honoribus et gratiis prorogare? 

" Considerantes itaque probitatem strenuam et sapientiam prsecellentem, carissimi filii nostn 
Johannis Regis Castellee et Legionis, ducis Lancastrise, qui laboribus et expensis semper se nobis 
obsequiosum exhibuit, pro nobis pluri^s, in necessitatibus, intrepid^ se guerrarum discriminibus 
exponendo ; 

" Et volentes, eo praetextu, ac desiderantes eundem filium nostrum aliquali comodo et honors 
ad praesens, licet non ad plenum, prout digna merita exposcunt, remunerare, ex certi scienti^ nostra 
et teto corde, de assensu praelatorum et procerum, in instanti parliamento nostro, apud Westmonas- 
terium convocato, existentium, concessimus pro nobis et hseredibus nostris, praefato filio nostro quod 
ipse, ad totam vitam suam, habeat, infra comitatum Lancastriae, cancellariam suam, ac brevia sua 
sub sigillo suo pro officio cancellariae deputando consignanda, justiciarios suos, tam ad placita 
VOL. T. U 



146 



€i)t InstOlT) of t\)t 



CHAP. 
IV. 



Advocates 
the cause 
of Wick- 
Jirte, the 
reformer. 



license also to coin money for the space of two years, from the 12th of June, in the 
city of Bayonne, or the castle of Guyssen, or any other place within the seneschalcy 
of Landere, of gold, silver, or any other metal whatsoever. 

In tliis year John WicklifTe, the most eminent of all the LoUards of that time — the 
" morning star of the Reformation," as he lias heen beautifully called — being convened 
before the archbishop of Canterbury, the bishop of London, John duke of Lancaster, 
and lord Percy, at the Black Friars, in London, the duke had the magnanmiity to 
speak in favour of WicklifTe, and to make some strong observations upon the 
bishops. So unusual a departure fi-om tlie orthodoxy of the day gave gi-eat offence 
to the episcopal bench, and produced so much discontent among the citizens, that 
they rose m tumult, and detennined to murder the duke, and to set fire to his house 
in the Savoy. Tliis tumult, the bishop of London, mucli to his honour, succeeded 
in quelling ; but the duke of Lancaster was obliged to seek liis safety in fhght, and 
it was not tiU after the death of liis father that a reconciliation was effected between 
biin and the citizens of London, under the mediation of Richard II. 

After the death of Edwai'd III. consultation being had about the solemnity of 
the coronation of kmg Richard II. Jolm, king of Castile and Leon, duke of Lancas- 



coronae quam ad qusecumque alia placita communem legem tangentia tenendum, ac cognitiones 
eorundem, et quascumque execuliones, per brevia sua et ministros suos ibidem, faciendum, et quse- 
cumque alia libertates et jura regalia, ad comitem palatinum pertinentia, adeo integre et libere sicut 
comes Cestrise, infra eundem comitatum Cestrias, dignoscitur obtinere : 

" Decimis, quintisdecimis, et aliis quotis et subsidiis, nobis et hseredibus nostris, per communi- 
tatem regni nostri, et decimis et aliis quotis, per clerum ejusdem regni, nobis concessis, et imposte- 
rfim concedendis, aut eidem clero per sedem apostolicam impositis et imponendis ; ac pardonationi- 
bus vitas et membrorum, in casu quo aliquis, ejusdem comitates, aut alius, in eodem comitatu, pro 
aliquo delicto, vitam vel membrum amittere debeat ; ac etiam superioritate et potestate corrigendi 
ea, quae in curiis ejusdem filii nostri ibidem erronicfe facta fuerint ; vel si idem filius noster, aut 
ministri sui, in justitia, in curiis ejusdem filii nostri, inibi facienda defecerint, semper salvis : 

" Et est intentionis nostree quod idem filius noster, ad mandata nostra et hseredum nostrorum, ad 
parliamenta et concilia nostra duos milites, pro comunitate comitates prsedicti, et duos burgenses de 
quolibet burgo ejusdem comitatils, ad tractandum, cum aliis de communitate dicti regni nostri, ad 
eadem parliamenta et concilia venientibus, de negotiis dicti regni nostri, in eisdem parliamentis et 
conciliis exponendis, mittere teneatur. 

" Et quod idem filius noster certos homines, fideles et sufficientes, ad hujusmodi decimas et 
quintasdecimas, subsidia, et alia quota, quotiens ea nobis seu hseredibus nostris in parliamentis seu 
conciliis concedi contigerit, coUigenda assignet ; ita quod nobis et haeredibus nostris de sic concessis 
respondeatur per eosdem. In cujus, &c. 

" Teste Rege, apud Westm', xxviii. die Februarii. 

" Per ipsum Regem de assensu totius parliamenti." 

Rymeu, torn. iii. p. iii. p. 1073. Ed. recent. 



Count!) ^3alatinr of ?Xanrn6tri% 147 

ter, appeared before the king in council, and claimed, as earl of Leicester, the office chap. 



IV. 



of seneschal of England ; as duke of Lancaster, the right of bearing tlie principal 
sword, called the curtana, on the day of the coronation ; and as earl of Lincoln, to I'riviieges 
cai've for the king sitting at table on the day of his coronation. Diligent examina- <iuke of 
tion being made before certain of the king's council, concerning these demands, it at the c" 
sufficiently appeared that the duke, as holding by the law of England, after the 
death of Blanch his wife, had established his claim ; and it was agreed, that he 
should exercise the offices by himself, or proper deputies, and receive the fees there- 
unto belonging. Accordingly, on the Thursday before the coronation, wliich was on 
the Thursday following, by order of the king, he sat judicially, and kept liis court in 
the Whitehall of the king's palace at Westminster, and there received the bills and 
petitions of all such of the nobility and others as, by reason of then- tenure, or other- 
wise, claimed to do service at the new king's coronation, and to receive the accus- 
tomed fees and allowances.* He was also, with Edmund earl of Cambridge, and 
certain bishops, appointed one of the protectors of the king during his minority. 

In 2d Richai'd II. the duke obtained authority to establish a trea.sury, with Grant of a 
barons and otlier proper officers, within his duchy of Lancaster.-}" irthrdu- 



" A portrait of John of Gaunt, duke of Lancaster, in this capacity, is preserved in the Cottonian 
MSS. in the British Museum, a copy of which is exhibited in the initial letter to this chapter of our 
history. 

t CONFIRMATION AND AMPLIFICATION OF CHARTER, 

2 Rig. II. 

R. II. Inspeximus cartam & E. III. p quern dedisset & concessisset canssimo Avunculo nostro 
JoKi nomen & honorem ducis Lane' & ipsum in duce Lane' pfecisset & de eisdem nomine & honore p 
cinctura gladii & appositione cappe suo capiti investivisset fiend' ead' nomen & honor' Ducis Lane' 
sibi & heredibus suis masculis de corpore suo legitime procreatis nu|) ips'. 

R. II. concessit pro se & heredibus suis pfato Avunculo quod ipse ad totam vitam suam haberet 
infra comit' Lane' cancellarium suii ad brevia sua sub sigillo suo pro offic' cancell' deputand' consig- 
nand' justiciar' tam ad placita corone quam ad quecunque alia placita coinunem legem tangentia 
tenendum ac cognitiones eorum & quascunq alias libertates & jura regalia ad comit' palatin' ptinent' 
adeo libere & integre sicut comes Cestriae infra eundem comit' Cestrie dignoscitur ptinere. 

Decimis quintisdecimis & aliis quotis subsidiis eidem Ave nostro & heredibus suis per coitatem regni 
sui & decimis & ahis quoties p clerum ejusdem regni tunc concessis & extunc concedend' aut eidem 
clero p sede Apostolica imposit' & imponend' ac pardonationibus vite & membrorii in casu quo aliquis 
ejusdem comit' aut aliquis in eodm comit' pro aliquo delicto vitam vel membrii amittere deberet ac 
etiam superioritatem & potestatem corrigendi ea que in curiis ejusdem Avunculi nri ifim erronice facta 
fuerint vel idem Avunculus noster aut ministri sui in justicia in curia sua faciend' defecerint semper 
salvis. 

Et quod Avuncultis habet duos milites pro comitatu & duos burgenses de quolibet burgo in 
parliamento nostro. 

V 2 



chy of 
Lancaster. 



148 Ci)e ?^iEittirp of ti)t 

CHAP. In this early period of our history, personal slavery prevailed to a greater extent 

' in England than in any other country of Europe.* The harons had sti'uggled for 



liberty, and had, to a certain extent, secured its possession from the crown by the 

deed of Magna Chai'ta, extorted from Idng Jolm, and confirmed by Henry III. and 

Edward I. But this liberty was almost exclusively enjoyed by the privileged 

Slavery of classes, who tlicmselves exercised despotic power over theii" vassals. The rights of 

lish. those who tilled the gi'ound, and perfonned the other duties of hiunble citizens, were 

imperfectly understood, and subject to daUy violation ; and so unequal was the 

pressure of taxation, that the rich and the poor were confounded together in one 

Poll-tax. indiscriminate mass, and called upon to pay a poll-tax, amounting to tlu'ee groats on 

every iudivddual throughout the land, male and female, above the age of fifteen 

"^^^Jy- years. The collection of tliis unequal and odious impost produced a rebellion, 

surrec- excited by Jolm Ball, a popular preacher, and led by Wat Tyler, Jack Straw, and 

Duke of others. The duke of Lancaster, one of the king's ministers, and who was supposed 

to'Thouse ^*^ ^^ ^^^^ principal adviser, became extremely unpopular ; and the insurgents, liaA^ing 

destroyed, ijrokeu iiito the city of Loudon, burnt down the duke of Lancaster's palace of the 

" Et quod idem Avunculus noster certos homines fideles & sufficientes ad hujusmodi decimas & 
quintasdecimas subsidia & alia quota quotiens ea eidem Avo nostro seu heredibus nostris in parlia- 
ment' & consiliis concedi contigerit assignaiet. Ita quod Avo nro de sic concessis concederetur p 
eosdem. Et quod habeat justiciarios itinerantes & ad placita foresta infra comit' pd'. Et ulterius 
de gratia nostra special! cocesserimus pro nobis & heredibus nostris quod ipse scaccarium suum in 
dicto comitat' & barones & alios ministros in eodem scaccario necessarios necnon jurisdiccoes execu- 
tiones & consuetudines quascunque in scaccario Anglie rationabiliter usitatis habeat in eodem 
scaccario sii & eis ibidem gaudeat & rationabiliter utatur. Et voluerimus quod omnia verba generalia 
in concessione Avunculi nostri pdicta contenta in suo robore gmaneant durante vita Avunculi nostri 
supradict' declarat' concessiones pdict' non obstantibus prout in cartis & literis pdictis plenius conti- 
nentur. Quare volumus & firmiter pcipimus quod idem Avunculus noster & heredes sui pdict' 
habeant & teneant omnia & singula libertates & de constituend' justic' ad placit' forest' exceptis 
placitis ubi rex pars est ac decimis & quintisdecimis & aliis quot & quoties subsidiis nobis & heredibus 
nostris & aliis quotis g clerum ejusdem regni concessi ac pardonacionibus vit' & membr' in casu quo 
aliquis ejusdem comitat' aut alius in eodem comitat' p delicto aliquo vitam vel membrum amittere 
debeat & privilegia scaccarii sui & jura regalia & alia supradicta una cum dictis nomine & honore 
ducis Lancastrie exceptis preexceptis eidem modo ac adeo libere & Integra sicut idem Avunculus 
noster ea ad ipsura habet & tenet in perpetuum sicut pdictum est. His testibus, 
" Abps. Cant' & York, 

" Bps. London & Winton' (the Chancellor,) Edw. Ebor', Thomas Gloucester, 
" Ducibus Avunculis nostris, Comssis, Ric' Arundell, Willm Sarum, Hen' Northume', 
comitibus, Ric' le Scrope, Johannis Devereux, senescall' hospitii nostri & aliis. 
Dat' Westmonast' p manus nostros xvj' Feb' ano regni xiij." 

* Froissart, liv. ii. chap. 74. 



CoimtP ^3alntint of aanrnstm 149 

Savoy, and cut off the heads of a niunher of gentlemen who attempted to resist their chap. 
lawless outrages ; amongst whom was Simon Sudhury, the primate and chancellor of " 

England, and Sii- Robert Hales, the liigh-treasurer. Tliis insuiTection was sup- 
pressed by the determined conduct of Walworth, the lord mayor of London, who 
resented the insolence shown towards the long on the part of Wat Tyler, by a violent 
blow with his sword, which brought liim to the gi-ound, where he was soon despatched 
by others of the king's attendants. Richard, taking advantage of the temporary 
panic, contrived to conciliate the people, and, by liis wisdom and moderation, pre- 
vailed upon them to (Usperse. During this insurrection, the duke of Lancaster was Treatmeot 
in Scotland, negociating a peace, in winch he happUy succeeded. On this occasion, dukrin 
WilUam earl of Douglas, inth a degree of generous forbeai-ance which seldom fails ^'"""'■""'' 
to obtain its reward, told the duke that he had been acquainted from the first with the 
distracted state of England, but was so far from wisliing to take advantao-e of the 
critical situation in which the duke and liis country Avere placed, either for carrvino- 
on the war, or extorting more favourable terms of peace, that he might remain in 
Scotland as their guest, until the insurrection should cease ; or, if he chose to return, 
he might have an escort of five hundred horsemen. The duke expressed his 
acknowledgments, but declined the offer. On his return to England, beino- 
excluded from Berwick by the governor, he accepted the earl's pledge of honour, 
and returned into Scotland, where he remained until the popular tumult had 
subsided. 

In 1384 the duke of Lancaster was despatched, yni\\ a powerful miUtary and Hi; 
naval force, to Scotland, to avenge the injuries which the English had received, 
and to prevent a repetition of them, by some memorable act of chastisement. The 
duke advanced to E(Unbui-gh, and at the same time the fleet was despatched to 
ravage the coast of Fife. His sohhers strongly urged him to burn the capital, but 
the duke, cherisliing a gi-ateful remembrance of the hospitality which he had expe- 
rienced tlu-ee years before, preserved the city from destruction.* So extensive was 
the popular indignation against the measures of the king and his ministers during 
the rebellion of Tyler and Straw, that the lady Constance, wife of the duke of 
Lancaster, hastened from Leicester to the castle at Pontefract, for refuge, expecting 
security there ; but when she arrived at Pontefract, her otvii servants durst not 
pennit her to enter the place, and she was constrained to go seven miles by torch- 
light to Knaresborough castle, where she contmued till the violence of the storm 
subsided, and till the duke returned from Scotland. 

A little before Easter in 1.384, John Latimer, an Irish Carmelite friar, charged The duke 
the duke of Lancaster with an intention to destroy the king, and to usurp the with^high 

treason. 
* Buchanan : Rerum Scotiarum Historia, lib. ix. cap. 45. 



iis re 
turn. 



150 €i)t ??is!toii) of tfte 

CHAP, crown; but on being summoned to meet tliis accusation, the duke completely 
^^' established his loyalty. The king, being under the guidance of evil coimsellors. 



conspired the death of the duke of Lancaster ; but private information ha\ing reached 
The fo- liim from one of those that were in the j^lot, he retired to his castle at Pontefract, 
ware. and througli the mecUation of the princess Joan, mother of the king, a perfect recon- 
ciliation took place. The next year he desii-ed leave of the king, and also of the 
lords and coimnons in parliament, to go into Spain for the recovery of liis %vife's 
inheritance ; and ordained liis son, Henry eai'l of Derby, his lieutenant of all he had 
in England, placing around liim a safe and judicious council. When he took his 
leave, the Idng presented him Avith a coronet of gold, and the queen gave another to 
his wife ; orders were also given that he should be addi'essed by the title of " King 
of Spain." His train consisted of no less than a thousand spears of knights and 
esquii'es, two thousand archers, and a thousand tall yeomen. Ha™ig landed in 
Britany, near the castle of Brest, he was resisted by two of the forts, m the assault 
of which he lost many of his men ; but he ultimately triumphed, and, having sailed 
with his fleet to the Garonne, he marched to the Spanish frontier, and carried the 
town of Bayonne. After tliis, the king of Castile sent to him to treat of a marriage 
between his daughter and the duke's son ; and through the mediation of the duke of 
Berry, a truce Avas concluded. In 1388 the duke was appointed lieutenant of 
Aquitaine. 
Claims to The thsputes wliich had so long existed in Spain, concerning the right to the 

of Spain, kingdom of Castile and Leon, Avere at length amicably settled by an agi'eement that 
Henry, eldest son of John, king of Castile and Leon, and of Portugal, should marry 
Catheidne, the duke's only daughter, by his vnie Constance ; and that the duke 
should quit liis claim to Spain, on concHtion of receiving, for liis owti and daughter's 
life, a yearly payment of 16,000 marks, and, in case his wife should survive him, that 
she should have annually 12,000 marks. The duke returned to England in Novem- 
ber, 1389, with much treasure; for, it is said, that he had forty-seven mules laden 
with chests of gold for liis second payment ; and several gi'eat men of Spain, as 
guarantees for his future annuity. On his return he relieved Brest, in Britany, 
then besieged by the French. In the folloAving year he Avas created duke 
of Aquitaine by the consent of the lords and commons of England, on wliich 
occasion a splencHd cap Avas put upon liis head, and a rod of gold Avas given 
to him, to hold his neAV dignity of the lung of England, as Idng of the realm of 
France. 
A.D.1390. lu 13 Richard II. he obtained a further confirmation of the privileges of his 
duchy of Lancaster, in the appointment of a chancery court there, AA-ith the poAver 
to issue Aviits under his ow^l seal; likcAvise an exchequer, AA-ith bai-ons and other 



€ouuti) |3alntinr of Sanrasitn-. 151 

necessary officers, and power to make justices itinerant for the pleas of tlie chah 
forest, &c * "' 



His attachment to his favourite Catharine Swinford remained unaltered, not- 'f'"''""'' 

' duchy 

withstancUng the disparity of their stations; and, after the death of his second wife, P^-^'i^ges. 
Constance, he married her at Lincoln, on the octaves of the Epiphany, at which, Catiiarine 
say the Chi-oniclers, there was no little admiration in regard of her low birth. " This ^"""'^""'■ 
woman was born in Henault, daughter of a knight of that country. She was brought A.D.1395. 
up in her youth in the duke of Lancaster's house, and attended on liis first wife, the 
duchess Blanche of Lancaster ; and in the days of his second wife, the duchess Con- 
stance, he kept the aforesaid Catharine as his concubine, who afterwards was 
married to a knight of England, named Swinford, that was now deceased. Before 
she was mamed, the duke had by her three children, two sons and a daughter. One 
of the sons was named Thomas de Beaufort ; and the other, Henrie, who was brought 
up at Aken, in Almaine, proved a good lawyer, and was afterwards bishop of Win- 
chester. For the love that the duke had to these liis chUcbeu, he married their 
mother, the said Catharine Smnford, being now a widow, whereof men marvelled 
much, considering her mean estate was far unmeet to match with his liiglmess, and 
nothing comparable in honour to his other two former wives. And indeed, the great 
laches of England, as the duchess of Gloucester, the countesses of Derby, Arundel, 
and others, descended of the blood royal, gi-eatly disdained that she shoidd be matched 
with the duke of Lancaster, and Ijy that means be accounted second person in the 
realm, and prefen-ed in room before them, and thereof they said that they would 
not come in any place where she slioidd be present, for it should be a shame to tliem 
that a woman of so base a birth, and concubine to the duke in his other wife's days, 
should go and have place before them. The duke of Gloucester also, being a man of 
an liigh mind and a stout stomach, misliked liis brother matching so meanly; but 
the didve of York bare it well enough; and verily the lady herself was a Avoman of 
such bringing up and honourable demeanour, that envy could not in the end but give 
place to well deserving."! Three years after his marriage, in a parliament convened 
at London, he procured an act for legitiinatizing the chilcb-en whom he had by 

* FURTHER DUCHY PRIVILEGES. 
13 Ric. II. 
" Rex, de assensu parliament!, concessit prefato avunculo suo Johanni duci Lancastr', quod 
ipse & heiedes sui masculi de corpore suo procreati habeant infra com' Lancastr' cancellariam 
suam, &c. & quecunque alia libertates & jura regalia ad com' palatinum pertin', & seem suum, &c. 
lit in annis precedentibus, sicut ea ad presens habuit, pro termino vite sue. 
•) 

t Holinshed, p. 485. 



152 CJk W^tov^ of tftf 

CHAP. Catharine Swinford; and in another parliament, held in Septemher in the same year, 
" called the great pai-liament, the earl of Arundel was, by the duke of Lancaster, who 
sat that day as high steward, condemned of treason, and beheaded on Tower-hill. 
During this parliament the earl of Derby Avas created duke of Hereford. 

Soon after the duke of Lancaster attended king Richai-d into France, being wth 
liim at Guynes, upon the meeting then had with the king of that realm, when 
peace was made by Richard IL maiTying Isabel, daughter of the king of France, 
then only eight years old. In the same year, the duke of Lancaster had a renewal 
and amplification of the privileges of his duchy of Lancaster.* He also obtained 
the hunch-eds of Southgi'enhowe and Laundishe, in the county of Norfolk, which had 
come into the king's hands by the attainder of the earl of Arundel. In 1398, after 
obtaining from the king an ample renunciation of all claim on ajiy part of his inherit- 
ance, with a confirmation of the dower of the castles of Knaresbrough and TickhiU 
to Catharine liis Avife, and a settlement of the manor of Bradford and Ahnondbury 
on his sou John Beaufort, marquis of Dorset, he was constituted heutenant in the 
marches toward Scotland, from the beginning of the twenty-eight years' truce 
between that country and England. In October, Henry of Bolingbroke, the duke's 
son, received sente'nce of banishment ; and fi'om that period, tliis disgi'ace produced 
the most pimgent soitow in the mind of his venerable father, who was soon afterwards 
seized Avith a fatal illness, and died. His death was much lamented by his friends; 
but neither the king nor the people sympathized in then' sorrow. He was inteiTcd 
with great funeral pomp near the body of Blanch, his fii-st wife, for whom, and for 

* CONFIRMATION OF DUCHY PRIVILEGES, 

20 Ric. II. 

" Exemplificatio & confirmatio ampla cartarum precedentium, sicut in anno primo. Et 
rex, volens eidem duci gratiam facere iiberiorem, concessit prefato duci quod de cetero predictis 
concessionibus, libertatibus, &c. plene gaudeat, &c. licet ipse aliquibus earum hactenus usus non 
fueiit. Et ulterius, pro majori securitate ipsius ducis, rex declaravit & concessit prefato duci, quod 
ipse ad totam vitam habeat omnes fines pro transgr', &c. pro licentia concordandi, & omnes exitus & 
forisfactos de omnibus hominibus & tenentibus & residentibus in terris & feodis suis; & quascunque 
forisfactur', annum, diem, & vastum, in quibuscunque curiis regis, &c. & quod per manus minis- 
trorum suorum possit levare fines & amerciamenta predict'. Et quod habeat in terris & feodis pre- 
dictis assisam panis, vini, & cervisie, &c. & aliorum ad officium clerici mercati pertin' & fines, &c. 
inde provenientia, ita quod clericus mercati regis non ingrediatur. Et quod habeat catalla felonum 
& fugitivorum. Et quod habeat retorna omnium brevium, summonitionum, preceptorum regis, &c. & 
executionem eorundem, ita quod nuUus minister regis ingrediatur. Et quod si contigerit ministros 
dicti ducis in curiis regis propter negligentia amerciari, &c. hujusmodi fines & amerciamenti sint pre- 
fati ducis. Et quod habeat catalla vocat' wayfe & streye, deodand', thesaurum inventum, & catalla 
vocat' manuopera," &c. 



The 

duke's 

death 



Countp llalatine of XanrnsfUr, 153 

himself, he had erected, soon after her decease, a sumptuous monument, surmounted chap. 
with the ducal arms, and with the folio winj? inscription on a pensile tablet: — 



IV. 



" Hic IN Domino obdormivit, 
JOANNES GANDAVENSIS, 

Vulgo de Gaunt, a Gandavo Flandriae urbe, loco natali, ita denominatus; 

Edwardi Tertii regis Anglise filius ; 

a patre comitis Richmondise titulo ordinatus. 

Tres sibi uxores in matrimonio duxit ; 

primam Blancheam, filiam & hseredem Henrici ducis Lancastriee, 

per quam amplissimam adiit hereditatem. 

Nee sohim dux Lancastrie, sed etiam Leicestria, Lincolniee, & Derbeise comes effectus ; 

^ cujus sobole imperatores, reges, piincipes, & proceres, propagati sunt plurimi. 

Alteram habuit uxorem Constantiam (quae hic contumulatur), filiam & hseredem Petri regis Castilise 

& Legionis; cujus jure optimo titulo regis Castilise & Legionis usus est. 

Hsec unicam illi peperit filiam Catharinam, ex qua ab Henrico reges Hispaniae sunt propagati. 

Tertiam vero uxorem Catharinam, ex equestri familia, & eximia pulchritudine fceminam ; 

ex qua numerosam suscepit prolem, unde genus ex matre duxit Henricus Septimus, rex Angliae 

prudentissimus ; 

cujus felicissimo conjugio cum Elizabetha Edwardi quarti regis filia e stirpe Eboracensi, regise illiae 

Lancastriensium & Eboracensium familise ad exoptatissimam Anglise pacem coaluerunt. 

Illustrissimus hic princeps Johannes, cognomento Plantagenet, 

rex Castilise & Legionis, dux Lancastrise, comes Richmondise, Leicestrise, Lincolniee, & Derbeise, 

locum tenens Aquitaniee, magnus seneschallus Angliae, 

Obiit anno XXIL regni regis Ricardi Secundi, 

annoque Domini MCCCXCIX." 



In " An ancient and large [MS.] Chronicle in the English Tongue, from the Death of 
beginning of the Raigne of King Edward I. continued to the 9" yeare of King Gaunt. 
Henry VI." preserved in the British Museum,* the death and interment of John of 
Gaunt, duke of Lancaster, is thus recorded : — 

" In the 20th of Rich* II, a parliament was held at Westminster, which was 
" clepid the gpete plement," and at which so many noblemen attended ^ith theii' 
armed retainers, as to fill the town and neighbourhood. — " And all pes gpete 
nombpe and multytude of this pepil come ynne to London in one day, that eury 
stpete and eiiy lane in London, in all pe subbarbes wepen full of hem, logged and so 
forth X or xj myles euy way about London. 

" And yn this same zere deid John of Gaunte, the kynges uncle, and duke of 20 r. ii. 
Lancastpe, in the Byshopes ynne of Ely in Holborne, and was bpought from 

• Harl. Coll. cod. 266. fo. 107. 
VOL. I. X 



154 €t)t SiStoi-p of t\)t 

CHAP, thennes into London, to Seint Paulys, pe' the kynge made hys terment well and 
^^' wortliely, w' all liis lordes and coues to reuerens and worship of the hye lynage and 
berthe that he come of, and for the hye and gpete and peuerent estate that he all way 
aforne hadde and ben ynne, and ys beryed pe' yn the chupche of Seint Paulys in 
London, be sydes Dame Blaunche liis wyfe, that was doujter and heire to the goode 
Henry that was duke of Lancastpe." 

The bequests of John, duke of Lancaster, were numerous and munificent; but 
the largest portion of his estates descended to his only surviving son and heir by 
Blanch of Lancaster. Throughout his life, the duke of Lancaster surpassed all the great 
men of liis age in power and fortune; but he was not so universally respected as liis 
Henry of brother, the Black Prince, the good duke of Lancaster, or Ids eldest son, Henry of 
brokef Bolingbroko, eai'l of Derby. Some defects in the moral character of John of Gaunt, 
his haughty carnage towai-ds inferiors, and his public support of Wickliffe, the 
refonner, added to his want of success in arms, contributed to lower bun in the 
pubhc estimation, though liis readiness on all occasions to apply his ample fortune 
in the discharge of his public duties, and liis zeal in the cause of his country, served 
to rank liim amongst the most illustrious of her benefactors. 

The ducal famUy of the house of Lancaster, had, by its man-iage alliances, 
become connected with many of the most powerful barons of the kingdom, as will 
appear from the subjoined pedigrees, and Henry of BoHngbroke, the representative 
of this house after the death of his father, John of Gaunt, impelled partly by his 
wi'ongs, but principally by his ambition, was about to wrest the sceptre from the 
feeble hands of liis royal cousin, and to ascend the throne of England almost Avithout 
a sti-uggle. By tliis act of usui-pation the seed was sown for the long and sangui- 
nary intestine wars between the rival houses of Lancaster and York, wliich served 
for so many years to deluge the country with blood. 



155 



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rH\i'. 

IV. 



These Descents and Alliances of the noble House of Lancaster, derived from the 
most correct sources, are confirmed by tlie indubitable evidence of tlie best 
historians, and the heraldic illustrations are amongst the earliest efforts in tliis 
country, of men learned in " the Antient usage of Honour commonly called 
Arms," of which our distinguished Herald, Sir William Dugdale, Garter 
Principal King of Arms, the worthy scion of a Lancastrian stock, has said : — 

" That these Ensigns of Honour, as are commonly call'd Arms, which of later 
times have been cliiefly used for distinction of families, had their original from the 
practice of great Commanders in War, is not imkno^vn to the learned. For certain 
it is, that the faces of all gi-eat military Officers, being obscured by such Hoods and 
Helmets as were antiently worn in times of Battel ; it was espechent, that by some 
other means then- persons should be notified to their friends and followers. Necessity 
therefore requiring it, they depicted upon their Sheilds (wliich were bom for the 
defence of their bocUes) as also upon theii- Surcotes of silk. Banners, Penons, (Sfc. 
certain Badges, tliat might make them known at a distance from each other. Of 
which sort those, that were most conspicuous ; viz. Crosses, Bends, Fesses, Cheve- 
rons, Saltiers, ^c. (all single charges) being ever held the best. 

" In bearing whereof (as appeareth by divers old Rolls of Arms) such order was 
observed, that none might assume anothers mark ; but that there should be a plain 
and apparent diflference in each man's Shield, Surcote, Banner, Penon, &^c. to the 
end, that upon any disorder the common Souldier might know his Leader, and the 
better repair to his succour in case of danger. 

" But these latter times having devised other sorts of Armour and weapons both 
for offence and defence, then of old were used ; those marks and Badges in Shields, 
Surcotes, S^c. have been for (Uvers past ages, as to any such military purpose, 
totally layed aside; and since meerly retained as honourary Ensigns by the 
Nobility and Gentry ; especially to difference themselves and theii' families from the 
vulgar, and one from another ; as also to distinguish the collaterals from those of 
the principal stock. In all wluch the Kings of Arms, in their respective Provinces, 
were to see due order observed." 



Countp ^alattnt of SLanragtrr. 



159 



Cftap. F. 



Character of Henry Plantagenet — His marriage, and summons to parliament by the title of Earl of 
Derby^Created duke of Hereford — His quarrel with the duke of Norfolk — Wager of Battel — 
Great preparations for the contest — The dukes separated in the moment of the on-set— Both 
sentenced to banishment — The duke of Hereford quits the country amidst the general lamenta- 
tion of the people. — Elevated to the dignity of duke of Lancaster on the death of his father, 
John of Gaunt — Returns to England — Expels Richard 11. from the throne. — Elevation of the 
noble House of Lancaster to the royal dignity — Allusion, on ascending the throne, to the tradi- 
tion, that Edmund Crouchback was superseded by his younger brother. — Ancient tradition, that 
John of Gaunt was a foundling — Original letter on that subject. — Possessions of the Duchy of ' 
Lancaster separated from the crown possessions. — Establishment of the duchy court. — Abolition 
of the duchy court of star chamber. — Augmentation of the duchy po.ssessions. — Early archives 
of the duchy. — Inquisitions post mortem, and pleadings in the duchy court. — Incorporation and 
confiscation of the duchy. — Act of Philip and Mary for restoring the duchy possessions. — Ancient 
duchy book, revenues, fees, &c. — Abolition of the feudal system. — Administration of the affairs 
of the duchy, and appropriation of the revenues under the Commonwealth. — Chancellors of the 
duchy of Lancaster, from the creation of the duchy to the present time.— Duchy records, their 
nature described, and the places of their deposit stated. — Officers of the duchy as they at 
present exist. — The duchy seal. — Origin and use of seals. — Ducatus Lancastriae, from the 
Harleian MSS. 




CHAP. 
V. 



ENRY Plantagenet, surnamed of Boliiigbroke,from 
the place of liis birth, was, in character, cliainctrically 
the reverse of his sovereign, king Richard II. His Henry 
talents were of a superior order ; his manners were net. ° 
popular, and even fascinating; and his ambition led 
him to aspire to a higher station than tliat of the 
fii-st subject in the realm, wliich his father had so 
long occupied. 

In the fourth j^ear of Uie reign of Richard II., Henry His mar- 
was betrothed, with the consent of the king, to Mary de Bohun, the younger daughter "^^*' 
and coheiress of Himiplrrey de Bohun, late earl of Essex, Hereford, and North- 
ampton, and herecUtary constable of England. In 1385, he was summoned to 
pai-liament by the title of Henry, earl of Derby. In the eleventh yeai- of the reign, 
Henry was engaged with the duke of Gloucester, in the combination against the 



160 Cftf lisitoii) of tin 

CHAP, king's ministers, at which his majesty took gi-eat offence ; but Ricliard was afterwards 

_^J reconciled to liim, and in the 21st year of liis reign wo find the king "sitting in 

royal majesty, holding in liis hand a rod, and making his cousin, sir Henry of Lan- 
caster, earl of Derby, a duke, by the title of Duke of Hereford." 
Quarrel Tliis reconciliation was, however, short-lived ; a violent quan-el having arisen 

dillVof' between the duke of Hereford and the duke of Norfolk, which terminated in an 
Norfolk, j^ppgj^] to arms, the king availed himself of this opportunity, with the advice of his 
council, of which the duke of Lancaster, father of the duke of Hereford, was at the 
head, to send them both into exile. The circumstances of tliis memorable quarrel 
and combat, in which all England, as well as all the knights of Chi-istendom, felt 
the most lively interest, are related with gi-eat particularity in the following docu- 
ment, extracted from a MS. entitled, " The Originall of Herehawghtes," in the British 
Museum.* In some of the versions relating to this memorable duel, it is repre- 
sented, that Henry, duke of Hereford, lodged the information against Thomas, duke 
of Norfolk; but sir John Froissart, a contemporary wi-iter, states the matter differ- 
ently, and more probably, by representing, that the secret of the confidential conver- 
sation between the duke of Hereford and the duke of Norfolk was divulged by the 
latter ; and this construction is supported by the more severe sentence passed upon 
that duke, " because he had sowen sediciou in this realme by his woordes, whereof 
he could make no profe." 

" A Comhate to hefowglde bcUvlvt ye Duke of Hereforde and Tliomas Mowhraye, 
Jyrst Duke of Northefolke and 3farshall of Enylande. 

Cause of " Henry, Eai-le of Darbeye, (sonne of John of Gaunte, duke of Lancaster, and 

^^equar- £Q^yj.^]jg |,pgQ^^gjj gonne of Edwarde y' thirde) being but a little before created Duke 
of Hereforde, a prudente and politiq' psonue, beganne to consider howe that Kinge 
Richarde, liis cousyne gerinaine did litle regard the counseile of his vncles, or other 
gi'aue psonnes, but did set his wille and appetite in steade of Law and Reasonne ; on 
a daye being in y'' compaignye of Thomas Mowhraye, firste duke of Northefolke, 
beganne to breake his mynde vnto liim, (rather lamentinge on the behalfe of his 
cousine germame the king, then for anye malice that he bare vnto bun) tellinge 
him, that the kinge little estemed or regarded the nobles and princes of his Realme, 
but that he soughte occasions (as much as in him did lye) to destroye the greater pte 
of them, nothinge esteeminge the blotte of honor, the damage of the weale publique, 
the murmuiinge of the nobility, the gi'udge of the comons, nor the wonderinge of 
all men, at his ATiprincely doinge, desii'ed the Duke of Northefolke, (w"'' was one 

* Harl. MSS. No. 6079. fo. 29—31. 



Countj) ^Jalatiiie of iLamneitfr. ifii 

of the kinges priuey counsaile, and well harde w"' him,) to aduertise ye Idnge to chap. 

tourue the leafe, and to take a better lesson. '. 

" When the Duke of Northefolke had harde his deuice at fiille, he toke it not in 
good parte, but rekened that he had got a praye, by w"'" he shoulde obtaine gieater 
fauoure of the kinge then euer he had, so at that time dissembled the matter, (as he 
was in deede a deepe dissembler,) and hauiuge fytte opportunitye, opened the whole 
matter vnto the king, and (aggi'auatinge the same to make yt appeare vnto him 
more hajTious,) broughte the kinge in gTeat dislikinge w"' the Dulve of Hereforde. 
Neueilhelesse his furye beinge somewhat appeased, he detenniiied to hear bothe 
ptyes indifferently, aikl called vnto liim the Duke of Lancaster, and his counsaile, 
and also the Dukes of Hereforde and Northefolke, and caused the accuser to reporte 
openly the woorde to him declarde, w'*" rehersed them againe, as he had before 
related them to the kinge. Wlieu Duke Henry harde the tale othermse reported 
then he either thought or sayde, (somwhat disquieted w* y' \aitrewthe of y' matter) 
besoughte y* kinge that he would not conceaue any euil opinion of him vntUl he 
vnderstoode more of y' matter ; and tourninge him to his accuser, declared woorde 
and woorde what he had saide, and shewed the cause whereupon he spake them, 
affirminge, that if the kinge wolde pmitte and suffer him, he wolde pue his accuser 
a false forger of seditious tales, by the stroke of a speare, and dynte of a sworde. 
The Duke of Northefolke afhnned constantly his sayeinge to be trewe, and refused 
not the combate. The kinge demaunded of them bothe if they wolde agi-ee betweene 
themselves, vf"^ they bothe refused ; and then he grauuted them the battell, and 
assigned them y' place to be at Coventree citye, in y' monethe of Auguste next 
ensueinge, wliere he caused a sumpteous theatre, and hste roiall, to be prepared. 

" At the daye appoynted, the 2. valiaunte dukes came to Coventree, accompaig- Prepara- 
nied w* y' nobles and gentries of theii-e linages, w'^'" encouraged them to y" tiiTcom- 
vttei-moste. At y" daye of combate and fighte, the Duke of Aumai-le that daye 
liighe marshall, entred into the lyste w"" a gi-eate compaignie of men, apparailed in 
silke sendale, embroudered w"" siluer both richly and curiouslye, euery man havinge 
a tipped staffe to keepe y" field in order. About the tyme of prime, came to the The com- 
barriers of the liste, the Duke of Hereford, mounted upon a wliite courser, barbed enter the 
with blewe and green velute, embroudered sompteouslye, w"" swannes and ante- 
loppes of goldesmithes woorke, armed at all pointes. The constal)le and marshall 
came to y^ barriers demaundinge of liim what he was, who answered, " I am Henrye 
of Lancaster, Duke of Hereforde, w'''' am come hether to doe my deuoyre againste 
Thomas Mowbraye, Duke of Northefolke, as a traitor vntrewe to God, the kinge. 
Ids realme, and me." Then incontiuente he sware vpon the Holy Evangeliste, that 
liis quan-el was iuste and trewe, and therupon, he desired that he myghte enter the 
VOL. I. y 



162 Cftf 5)i5ton) of tl)r 

CHAP liste. Then he put vp his sworde, (w^'' before he helde naked in his hande,) and put 
^- down liis -siser, and made a crosse in his foreheade, and, av"' speare in his hande, 
entred into y" liste, and descended from liis horse, and set him downe in a chaire of 
oreene velute, w'"' Avas set in a traues of greene and blewe velute, at thone ende of 
the liste, and there reposed himselfe, expectinge the cominge of his aduersarye. 
Soone after liim entred into y' field w"" greate pompe. King Ricliarde, accopaned 
w"' all v" pieres of liis realme ; and tliere came w* him also the Erie of St. Paule, 
who came in poste oute of Fraunce, to see thys challenge pformed. The kinge had 
aboue ten thousande men in hai-nesse, lest some fraye or tumult myghte rise 
amongest his nobles by parte taldnge, or quarrellinge. When the kinge was set on 
his stage, w'" was richely hanged, and pleasantly adourned, a kinge of ai-mes 
made open pclamation, pliibitinge all men, in y' kynges name, and y' high con- 
stable and marshalls names, vpo paine of deathe, not to enterprise, to approche any 
parte of y' listes, excepte suche as were appointed to order and marshall y'' fielde. 
Wliiche pclamation ended, another haraulde cryed, " Beholde here Henrye of Lan- 
caster, Duke of Hereforde appealante, w'" is entred into y' Lystes royall, to doe his 
deuoyi-e againste Thomas Mowbraye, Duke of Northefolke, defendante, vpon paine 
to be pved false and recreante." The Duke of Northefolke houered on horsebacke ; 
at the entrye of y' Lyste Ms horse beinge barbed wth crimson velute, embroudered 
w* Lyons of syluer and mulbery trees. And when he had made his othe before 
the constable and marshaU, that liis quarell was iuste and trewe, he entered y' 
fielde manfully, sayinge aloude, " God ayde him that hathe y' right;" and then he 
dismounted from his horse, and sate downe in his chaii'e, which was crimson velute, 
curtened aboute w"' wliite and red damaske. 
Prepare " The L. Marshall vewed theyre speares to see that they were at one equall 

for action. jgj-|g^-[^g^ ^^^^ deliucred thone speare liimselfe to the Duke of Hereforde, and sent 
thotber speare to the Duke of Northefolke by aknighte. Then y' haraulde pclaimed, 
that y" trauesses and cliaiers of y' champions shoulde be remoued, comaundinge them, 
on y' kinges behalf, to mounte on horsebacke, and to addresse themselues to y'' 
battayle and combate. The Duke of Hereforde was quicklye horsed, and closed his 
bauier, and cast his speare into y* reste, and (when ye trompet sounded) set 
forwardes courageouslye towai'de his enemy .6. or .7. paces. The Duke of Northe- 
folke was not fully set forwarde, when y° kinge caste downe his warder, and the 
separa- haraulde cried " Ho ! Ho !" The kinge then caused theire speares to be taken 
comb'a-*'^^ from them, and comaunded them to repaire vnto their chaires, where they remained 
.2. longe howres, wiiile y" king and his counsaile deliberately consulted, what waye 
was best to be taken in so waighty a case. 

" Then the haraulde cried Silence, and Sr John Borcye, secretary to the kinge, 



tants, 



Coimtp ^alattnf of Sanrastrr. 163 

reade y^ sentence and determination of the kinge and his counsaile, in a loiige c;h.vp. 
roUe, pnouucinge it in this nianr. " My Lordes and masters, I intimate and notifie ' 

\aito you hy y" kinges ma"% and liis honorable counsayle, that Henrye of Lancas- Sentence 
ter, appealante, and Tliomas, Duke of Northefolke, defendante, have honorably and king. 
valiantly appeared here w*"" in the lists royall this daye, and haue bene ready to 
darraine to battaile, like .2. valiante knyghtes and hardye champions, but because y' 
matter is greate and waighty between those .2. greate prynces, the kinge and his 
counsaile haue taken this order : Firste, that Henrye, Duke of Hereforde, for diners 
considerations, and because he hath displeased the Idnge, shall, w"' in XV. dayes 
next foUowinge, depte oute of the realme, for terme of X. yeares, \v"' oute retoiu'ninge, 
excepte he be by the kinge repealed againe, vpony' paine of deathe." The harauld 
then again cryed " O Yes," and then y' secretary pnounced, " That Thomas Mow- 
braye, Duke of Northefolke, by thordinaunce of the kinge and liis counsaile, because 
he had sowen sedicion in tliis realme, by his woordes wherof he coulde make no 
profe, shall auoyde the realme of Englande, and dwell in Hungrye, Boeame, Pruce, 
or where he Idve, and neuer retourne againe into England, nor approche y' borders 
or confines of y' same, vpon paine of deathe, and that y'' lunge wolde stay y' 
pfites and reuenewes of hys landes in liis owne hand, vntill he had receaued suche 
somes of money as the Didie had taken vp of the kinges treasoui'er for the wages 
of y' garison of Callyce, w''' weare styll vnpaied." 

" ^Vlien these iudgementes were thus deuulged, the kinge called before liim 
those two exiles, and made them sweare, that thone shoulde neur come w"" in sem into 
place where thother was (willingely), or keepe compaignye, to go there in any 
forrayne regione, w'*" othe they humbly receaued, and depted fi'om y' Lystes. It 
was supposed that the kinge mistrusted, that if they two shoulde ioyne in one 
againe, and conspii'e to be reuenged againste liim, that they mighte woorke him 
muche trouble, and for that cause to haue deuised this othe. Then the Dulce of 
Northefolke (w'^'" supposed he should have been borne oute by y" kinge) repented 
sore of liis enterpryse, and depted sorowfuUy oute of the realme, into Almayne, and 
at the last came to Hungre, where (through thought and melancholy) he deceassed. 
The Duke of Hereforde tooke liis leave of y° kinge at Elsham, whiche there released 
.4. yeares of liis banislunent; and so he toke his iourneye to Callice, and so into 
Fraunce, where hauinge gotten estimation w"' Charles the Frenche kinge, had like 
(by y' helpe of y' said kinge) to have maryed thonly dawghter of John duke of 
Berye, vncle to the Frenche kinge, if kinge Richarde (for feare of y" miscliiefe that 
therby mighte ensue ^nto liis psonne, if the duke were so strongly alyed, because y' 
comons of Englande loued him dearely, and greatly desired Ins retourne) had not 
cast a stoppe in liis waye." ******* 

y 2 



164 



Cf)C jMEitori) of tf)t 



CHAP. 
V. 



Arrival 
at the 
French 
court. 



Becomes 
duke of 
Lancaster 
on his 
father's 
death. 



The 

duke s re- 
turn to 
England. 



The nation was highly incensed by the king's behaviour to the duke of Hereford, 
ivho was the darling of the principal peers, of the city of London, and of the people. 
Tliey held that he had committed no crime, and had been condemned without trial; 
that by his banishment they were deprived of their best protector; and tliey thought 
themselves by that event exposed to all the malice and indignation of an incensed 
and vincUctive tyrant. As the duke passed through the city of London on horseback, 
on his leaving the kingdom, he was followed by more than 40,000 people, who cried 
after liim, and bcAvailed his fate and their owa in the most moA'ing manner. He 
was accompanied on tliis occasion by trumpets and instruments of music, and with 
the more melting sounds of universal lamentation. The mayor of London, and others 
of the principal citizens, followed him to Deptford; and some accompanied liim as far 
as Dover, in his way to Calais. 

On the duke's an-ival at Paris, he was very graciously received by the court of 
France; where he was soon offered in maniage the only daughter of the duke 
of Berry, uncle of Charles VL To prevent this union, king Richard sent the earl of 
Salisbury, liis ambassador to the court of France, where the earl represented the 
duke of Hereford as a person guilty of traitorous designs against liis prince ; upon 
which the treaty of marriage proceeded no fai-ther. 

After liis departure, he received letters from his father, advising him rather to go 
into Castile than into Hungaay; but the duke of Lancaster becoming sick, his son 
continued in Paris, where the news reached him of liis father's death. The king 
avaihng liim self of the exile of the duke of Hereford, now become duke of Lancaster, 
seized the possessions of liis father, John of Gaunt, into his owa hands, and lavished 
them with his usual profusion upon liis favourites. Shortly after this time, the king 
was obliged to embarli for Ireland, to suppress a rebellion wliich had arisen in that 
oppressed country; and, during his absence, England fell into great distraction. In 
this exigency, the people of London sent for theii' favourite Henry, duke of Lan- 
caster, promising him their assistance, if he woidd accept of the government.* 
With such encouragement, and aided by the duke of Britany, he took shipping at 
Le Port Blanc, and landed at Ravenspur, at the mouth of the Humber, in 
Yorkshire, where he Avas met by a number of nobles in the north, and their followers. 
On liis arrival at Doncaster, he found himself at the head of a considerable army, 
and the common people in all places gi-eeting liis retimi with enthusiasm. The 
injustice practised towards him by the king, in first banishing him from the realm 
without proof of guilt, and then seizing upon his patrimonial inheritance, in yiolation 
of his letters patent, excited the intUgnation of the nation towards the oppressor, 
and their sympathy and enthusiasm in favour of the oppressed. His march tlirough 

* Froissart. 



Countp palatine of Xaucasftfr, 165 

the country was a triumph ; every where the castles yielded to liis summons, and, chap. 
on liis arrival at Bristol, his forces were augmented to 60,000. To oppose this ' 

formidable force, the duke of York, Avho had been left viceroy of the kingdom during 
the king's absence, assembled an ai-my of 40,000 men at St. Alban's; but their 
attaclmient to the royal cause was so lukewai-m, that they attached themselves to 
the duke of Lancaster, on his representation that he sought not the subversion of the 
throne, but the recovery of liis paternal possessions, which the king had seized, on 
the death of liis illustrious fatlier. Tlie intelligence of tliis invasion reached the king 
when he was in Dublin, on wliicli he hasted back into England, and landed in Wales; 
whei'e, finding that he was almost totally forsaken, he went on to Conway castle, 
in the county of Carnarvon. The duke, on hearing of the king's arrival, miuxhed 
to Chester. From thence he despatched the earl of Northumberland to the king, 
who proposed that a parliament shoiUd be called, to remove the grievances of wliich 
the country complained, and particularly to arbitrate between the king and the duke 
of Lancaster. 

Richard, scarcely aware of the danger by which he was menaced, consented to Elevation 
an interAdew with tlie duke of Lancaster. In tliis way he became Ms prisoner, and bie house 
was, under various pretences of friendship and loyalty, conducted to London. To caster to 
give an air of justice to the lUtunate designs of the duke, he caused a parliament to dignity.* 
be convened under the authority of Richard, by Avliich parliament the king was 
declared to have forfeited Ms throne by extortion, rapine, and injustice. Being 
thus deposed by the suffi-ages of two estates of the realm, the throne was declared 
vacant, and the head of the noble house of Lancaster ascended the throne of these 
realms, by the stile and title of Henry IV. On receiving this dignity before the 
assembled parhament, the new monarch crossed liimself on the forehead, and, calling 
upon the name of Christ, said — 

" In the name of Fadlier, Son, and Holy Ghost, I Henry of Lancaster, 
" challenge tliis rewme of Yngland, and the croun, irith all the membres, and 
" the appurtenances ; als I that am descencht by riglit line of the blode, coming 
" fro the gude King Hemy therde, and throge that right that God of Ms grace 
" hath sent me, mth help of kyn, and of my frendes to recover it; the wliich 
" rewme was in poynt to be ondone by defaut of governance, and undoing of 
" the gude lawes."* 

A tradition had prevailed amongst the vulgar, that Edmond Crouchback, eaid of 

Lancaster, son of Henry III. was really the eldest brother of Edward I., but that, 

owing to some defonnity in Ms person, he had been supplanted in the succession by 

his younger brother ; and as the present duke of Lancaster inherited from Edmond 

' * Knyghton, p. 2757. 



166 €i)t W^tOV}} of tl)t 

CHAP, by liis mother, tliis genealogy constituted liiin the true heir to the throne. This Avas, 
' however, a topic rather to be insinuated than dechu-ed, and the best grounds of 
Henry's claim wei'e the misrule of his predecessor, and the aflections of the people 
over whom he was himself called to govern. 

A similar story of John of Gaunt, duke of Lancaster, is told by that ancient 
gossip, Dame Alice Pierce,* the concubine of king Edward III., and retailed by 
John Stowe, the annalist, on which subject we find the following original letter, in the 
British Museum, (Harl.MSS. Cod. 374. DeRebus Literariis,Politicis,Domest.fol.23.) 
" Letter to Stowe, the Historian. 
" Mr. Stowe, — I hartely coiriend me vnto yow, and like well your Anuales, and 
gi-eat payues taken therin. My fownder is bound to yow, but that tale of Alice 
Peers is slannderous, and in my conscience most vntrue, nether hath Thomas Wal- 
singam, nor Froisard, nor any writer the same, but yow note of a nameless 
munck of St. Albans, and the addition to Polycrouico per nescio quern, and D. Har- 
pisfeld doth confute yt. The like tale that queue Pliilip should vtter in confession 
to B. Wikam, and B. Wikam to the Parlement, to witt, yt the duke of Lancaster 
was a chaingelinge ; that also is most vntrewe. And yet I know Monach^ Alban^ 
hath yt. In these tlu'ee poynts I must dispute wt yow, therefore provide your 
selfe against the next Time, for I will defend the negative in euery one ; as likewise 
that B. Wikam was neuer a banished man beyonde the seas. And yet some hold 
that he was there in banishment vij yeres, and some that he was then- but iij yers, 
and some yt he was the whiles in Normandy, some in Pariss, and all most vntruly ; 
nether can I fynde that Skipwith did euer precede to iudgment of the bannishment 
against him, but only to the deprivation of the temperalties of his bishopwricke. My 
sone, this beai'er, shall give yow a token to have me in remembrance in the premis- 
ses, by Your most assured friend, 

(Superscribed) " Thomas Martyn." 

" To my wel-beloved and very kind Mr. Stowe, at liis howse, 
beyonde London hall in London, give these." 

* The character of this Dame Alice Pierce, and of royal mistresses in later times, may be 
collected from the account given of her by Stowe himself, who says : — 

" at tf)t tinre tfie ISings sirSnesac inrrwsta, anti IpJigsirians trgati to Bispagrr o£ ^is vtfobcrg. alfdougli tf)c 
forenanitJ) iaiift, tosftficr toitb featitll, ficr Baiig1)trr, Bi& lie tj; f)tm rbcrn nigftt. • » • ijfiitg noto Bottatitflji 
tafem toitf) tf)c flag of Ijts fltatfi, fir 6rgan to fiabr manifest sigurs tt)ncof: tojat aiire T^icvte tfirn flifl. am man 
map iuflgc. altfiougfi tot srt tljnn not Dotonr in hiriting, for as soonr as Bl)f sato tljc King l)ati srt footr tuitljin Oratfis 
floorf, sfjc bctliouglit Ijcr of flugfit. jjft ttforr sfic tocnt Ifiat all mm miglit frrrribr tfiat stir lobrfl not tf)f litng for 
Jimsclfr, but foe tl)at tofiirfi teas i)is, sftc tooftc tfic rings from fiis fingers, tofiirlj for tfic rojialtir of Ijis ftlaicstir f)rc teas 
tDont to tocarc. Cf)uB jjttlBtng fjim surf) tfianliffl for Ijis benrfitts, eljrc bafl ftim aflicto, anO so tottfjBrciii fier srlfc from 

Jim." Stowe's Atinales, pp. 272, 270. 



Count!) ^3alatinr of ilanrasitfr. 167 

To return. Heury duke of Lancaster being now seated upon the throne of chap 
England, the unfortunate Richard was sent to the duke's castle at Pontefract. ' 



Here he was detained in confinement for sonic time; but so short is the distance 
between the throne and the grave of a deposed monarch, that his life was speecHly 
terminated, either by the hand of the assassin, or the more protracted misery of 
famine. Richard's reign being thus teraiinated — 

" Post breve tempus 
Exiiit insigni sese diademate, sceptrum 
Henrico Lancastrensi regale relinquens" — 

his successor turned his attention to the appointment of his new officers. Tlie oflSce Appoint- 
of high-steward, which he possessed in right of his earldom of Leicester, derived public 
fi-om the Lacys, he confeiTed upon his second son, Lord Thomas, Avhose incapacity, 
from his non-age, was supplied by the earl of Worcester, wliile the office of chan- 
cellor of the duchy of Lancaster was given to John Wateringe, a divine of consi- 
derable influence with his royal master. Mr. Justice Blackstone, in liis Com- 
mentaries,* observes, that " the County Palatine, or duchy of Lancaster, was the 
property of Henry Bolingbroke, the son of John of Gaunt, at the time when he 
^vi-ested the crown from king Richard IL and assmned the title of Idng Henry IV." 
But this is a mode of expression at variance with the usual accuracy of that dis- 
tinguished Amter's style, and would seem to imply, that the county palatine of 
Lancaster and the duchy of Lancaster are co-extensive, and that the terms are con- 
vertible. Tliis, however, is by no means the case, the county palatine being confined to 
the county, while the duchy of Lancaster, as we have already intimated, and as we 
shall speedily shew more specifically, comprehends not only the county of Lancaster, 
but many other portions of the kingdom. It has been justly observed by Plowden,t 
in the celebrated " Duchy of Lancaster Case," 4 Elizabeth, and by Sir Edward 
Coke,| in liis fourth Institute, that the new monarch was well aware, that " he held 
the duchy of Lancaster by sure and mdefeasible title, but that his title to the crown 
was not so assured : for that, after the decease of Richard II. the right of the crown 
wa.s in the heir of Lionel, duke of Clarence, second son of Edward III.; John of 
Gaunt, father of Hemy IV. being but the fourth son." One of his fii-st measures confers 
after ascending the throne was, therefore, to pass an act, sanctioned by parliament, duke of 
ordaining that his eldest son Henry should have and bear the name and title of on his 
duke of Lancaster, in addition to liis other titles ; and that neither the inheritance 
of liis duchy of Lancaster, or its liberties, should be changed, transferred, or 
diminished, through his assumption of the royal dignity ; but that they should retain 
their distinctive character and privileges, and be governed in like manner, as if he 
* Vol. i. Intro, sect. 4. p. 118. t P- 215. X p. 205. 



168 Cl;f Jnstorj) of tl)c 

CHAP, had never attained the royal dignity* It was further dii-ected, that all ecclesiastical 

^' benefices in the said duchy should be conferred by liimself and his heirs, so that the 

The duchy (lord) chancellor, ti'easurer, or other officers of tlie state, sliould not interfere, by 

from the rcasou of tliciv respective offices, with the collection or preservation, or even with 

crown. ^j^^ visitation, of benefices within the duchy; and that all receivers, bailiffs, and other 

servants of the duchy, &c. should appear before certain special auditors and ministers, 

and not before the treasurer and barons of the king's exchequer, and account and 

answer for profits and benefits of the duchy, without any interference of the treasurer 

and barons. 

* " ACT RENDERING THE INHERITANCE OF THE DUCHY OF LANCASTER 
INDEPENDENT OF THE POSSESSION OF THE CROWN. 

1 Hen. IV. 

" Item fire dit seignoiir le roi, considerant coment luy Dieu tout puissant de sa grande grace luy 
admys en honourable estat du roy, & per tant il ne poet mesme pur certeine cause porter le nom 
de due de Lancastr' en son estile : Et auxi mesme fire seignour le roi, considerant coment cet 
honourable nom & estat de due ad este mesnez & governez moelt honourablement en honourable 
persone de son pier qi Dieu assoile & des pleusours ses honourable ancestres. Et veuUant sur ceo q 
le dit nom de due Lancastre soit continuez en honur come affiert ; de ladvis & assent des toutz les 
segnours espirituelx & temporelx & de les coes avauntditz ad ordeignes, q Henry son eisnex fitz ait 
& porte le nom de due de Lancastr' & qil soit nomez Prince de Gales, due d' Aquitaine, de Lancastr', 
& de Cornewaill, & count de Cestr'. Et outre ceo messme fire seign' le roy, considerant coment 
diverses libtees & franchises aient este gntes devant ces heures, sifen a son dit pier come as autres ses 
auncestres dues & countz de Lane' voet & gnte de ladvys & assent avauntditz, q mesme les libtees 
& franchises soient & demorgent a son dit eisnez fitz & ses heires dues de Lane', dissevez fitz de la 
corone d' Engleterre, qui teinent & entierment solonc leflfect & purport de les gntes avaundites; & sur 
ceo monstra una chartre en parlement ent fait, & la bailla a son eisnez fitz avauntdit. 

" Post amplissiman cartarum precedentium repetitionem & exemplificationem. Rex, nolens 
hereditatera suam ducatus sni Lancastr' aut libertates ejusdem, occasione assumptionis regalis status, 
in aliquo mutari, transferri, seu diminui ; sed eandem hereditatem, cum juribus & libertatibus suis pre- 
concessis, eisdem modo, forma, conditione, & statu, quibus sibi descenderunt & evenerunt, ac cum 
omnibus & singulis talibus libertatibus & franchesiis, &c. quibus Johannes dux Lancastr', pater regis, 
dum vixit, earn ad terminum vite sue habuit & tenuit, sibi & heredibus suis, in cartis predictis nomi- 
natis, plenari^ & integr^ conservari & continuari ; voluit & ordinavit, de assensu parliamenti quod tam 
ducatus suus Lancastr', quam universa alia comitat', honor', castr', maner', feoda, advocaticnes, pos- 
sessiones, &c. quecunque, sibi ante adoptionem dignitatis regis quatrcumque descensa, &c. sibi & 
dictis hered' suis, &c. remaneant ; & tali modo, & per tales ofiiciarios deducantur & gubernentur, &c. 
sicut remanere & gubernari deberent si ad culmen dignitatis regie assumptus non esset ; & quod talia 
& hujusmodi libertates, jura regalia, &c. in eisdem in omnibus habeantur & continuentur, &c. qualia 
& cujusmodi uti & haberi consueverunt temporibus dictorum patris sui & aliorum antecessorum 
suorum. Volens ulterius quod singuli tenentes de ducat', com', honor', &c. predict' libere & illese 
conditionis sint, tam in ingressibus post mortem antecessorum suorum quam in tenuris suis, &c. sicut 
esse deberent si dicta dignitas regia non accessisset. Proviso semper quod tenentes infra com' 



Count)) ^Jalatmr of aanradtfr. 169 

Steadily pursumg the jjiiuciple here laid down, it was by a subsequent act* chap. 
ordained, tliat the right of succession to the duchy of Lancaster after the king's ' 
death, should belong to his eldest son, Henry, prince of Wales, and his heirs ; and 
in default of heirs to Thomas, his second son, and that the ancient rights, statutes, 
and customs of the duchy, should be maintained and observed inviolate. Having 
thus fixed the succession to the property of the duchy by all the force of legislative 
enactments, the next cai-e of the king was to establish a court, called the ducliy Estabiisi.- 
court of Lancaster, in Avliich all questions of revenue and council, affecting the duchy the'c'iuchy 
possessions, might be decided. This court is now held at the duchy office in West- '^"""' 
minster ; thence issue all patents and commissions of office or dignities, all orders 
and gi'ants affecting flie lunits and revenues, and all acts of authority within the 
duchy. It is also a court of appeal from the chancery of the county palatine of 
Lancaster, which court is a court of equity for matters of equity arising Avithin the 
county of Lancaster,"!" ^"^^ i*^ ^^^^^ ^t Preston. The record-office of the duchy 
of Lancaster, where the deeds are deposited, has been frequently changed : witliin 
living memory, Gray's-Iun, Somerset-House, and Great George's-street, has each 
in succession afforded them a depository ; but the office now seems permanently 
fixed within the precinct of the ancient ducal residence of the Savoy, in Lancaster- 
place, Waterloo-bridge, London, of which bridge the southern arch abuts against 
liis Majesty's inheritance of the duchy of Cornwall, and the northern against his 
inheritance of the duchy of Lancaster. The duchy chambers at Westminster, being 
within the precincts described in old statutes as a royal residence, the proceedings 
are dated before his majesty, " at his palace at Westminster," and not, as other 
royal acts, at the personal residence of the monarch. In tliis court he is not only 
presumed to be present, as in others, but to be personally acting by the advice of his 
chancellor, and other ministers, for the affairs of liis duchy. 

When that intolerable nuisance, the court of star-chamber, existed, in contra- Aboiitimi 
vention of the provisions of Magna Charta, which direct that no freeman shall be court of 
deprived of his liberty or property but by lawful judgment of liis peers, the duchy of ciiambei. 

palatin' Lane' hereditates suas, &c. extra manum regis prosequantur per liberationem in cancellar' 
regalitatis ibidem, ut est moris, &c. Voluit insuper rex, &c. quod singula beneficia ecclesiastica ad 
hereditatem predict' spectant' per ipsum & heredes suos predict' conferantur ; ita quod cancellar' vel 
thes' Anglie, vel alius officiarius regius, de coUatione vel presentatione, seu etiani de visitatione benefi- 
ciorum hujusmodi ratione officiorum suorum non intromittant. Voluit insuper quod omnes receptores, 
firmarii, ballivi, & quicunque alii ministri sui predictorum ducatus, honorum, castrorum, mane- 
riorum, &c. de singulis denariis & proficuis, &c. de eisdem ducat', honor', &c. provenient', coram 
certis specialibus auditor' & ministris, & non coram thes' & baron', socio regis, coniputent aut respon- 
deant; ita quod thes' & barones predict' in aliquo premissorum se non intromittant." 

* 8 Hen. IV. f 2 Lev. 24. 

VOL. ]. Z 



170 



Ei)t ?l)i5toii) of ti)t 



CHAP. 
V. 



Augmeu- 
tation of 
thediichv. 



Confirma- 
tion of 
former 
acts. 



Further 
augmen- 
tation of 
the duchy. 



Lancaster had also its star-chamber, antl the chaiiceUor of the duchy and council of 
his court, punished without law, and decreed without authority ; but tliis power was 
.swept away by the act 16 Car. I., which ordained, that from the 1st of August, 
1641, tliis power should be aboli.shed in every court witliin the realm, and that from 
henceforth no couil should exercise the juristliction of star-chamber.* 

Two years after the succession had been settled upon prince Henry and liis 
heirs, the manor of Brotilby, and fee of La Haye, in the county of Lincoln, with the 
wardship of the castle of Lincoln, formerly in the possession of Thomas, earl of 
Lancaster, and wliich now remained in the hands of the king, through the forfeiture 
of Thomas, son of Thomas, earl of Kent, was incorporated with his inheritance of 
Lancaster, as parcel of the duchy; and it was ordained, that it should descend to 
liis heirs, and that all the tenants of these possessions should be governed in the 
same manner, and by such officers as the other lordships and manors of the 
inheritance.t 

Soon after Henry V. ascended the throne, he confirmed the acts of his royal 
father with regard to the duchy of Lancaster ; and it was dii'ected, with the sanction 
of parliament, that all the liberties and franchises of tliis duchy should in all things 
be maintained and exercised for ever, according to the tenor of the charters already 
gi-anted-, and that the seal hitherto used in the duchy, and all matters under that 
seal which had hitherto been given and gi'anted, should have force, without the 
reclamation of the king, or his officers ; and that the seal of the duchy should be 
used for ever, in transacting the business of the duchy. As several honors, castles, 
and manors, wdiich were the inheritance of Mary, one of the daughters and heiresses 
of Hmnplu-ey de Bohun, earl of Hereford, Essex, and Northampton, whose heir the 
Idng was, had descended to liun by hereditary right ; the king separated all these 
possessions from the crown, and incorporated them with his duchy of Lancaster, 
appointing that they should be administered by the officers of the duchy, as they had 
been accustomed to be ; and that the vassals and tenants of tliis inheritance, and 
the resiants witliin the same, should enjoy the liberties and franchise of the duchy. 
He also ordained, that all ecclesiastical benefices attached to the duchy inheritance, 
should be conferred under the seal of the duchy without the interference of the 
chancellor and treasurer of England. To render tliis ordinance complete, it was 
further dii-ected, that all the castles, honors, and lands, which had come into 
possession of the king's father, Henry IV., in consequence of a grant made in the 
first year of his reign, as to escheats, forfeitures, and recovery, should be incorporated 
with the duchy, and that any other honors, castles, or manors, wliich had come 
by escheats, forfeitures, or recovery, should also be joined to the duchy, and that 
• Rot. Pari. 16 Car. p. 2. nu. 6. t Act of 10 Henry IV. 



Counti.) palatine of iLancastrr. i7i 

they should l)e ruled and governed by the officers and ministers of the duchy, chap. 
under the sanction of the duchy seal.* 



In the tliiid year of the reiern of Henry V. it was dii*ected, that two of the chief Appoint- 
seneschals of liis inheritance for the tune being, besides the number of guardians senes- 
limited by form of statutes, should act in all the counties of his kingdom, and that 
they should exercise their office of seneschal iu all commissions of the peace, 
and that no donations, pardons, or releases, whicli concerned in any manner the 
ducliy of Lancaster, or that emanated therefrom, should be valid, except under 
the seal designed for the duchy. Two other acts, the fii-st passed in the ninth 
year of Henry V. and the second in the first of Henry VI. annex other possessions 
of the Bohun family to the duchy of Lancaster. 

It Avas the misfortune of Henry VI. to be deeply involved in debt; and his Mortgage 
expectation that two Lancashire knights would remove all lus embarrassments, by duchy 

posses- 

the discovery of the philosopher's stone ! was not sufficient to prevent liis creditors sions. 
from urging their demands in a tone little suited to the refinement of a coui't. To 
satisfy these demands, he was diiven to the expedient of mortgaging for five years 
the revenues of the duchies of Lancaster and Cornwall, and the tenns of this mort- 
gage, as given in the 18th Henry VI. sufficiently incUcate the importunity of the 
royal creditors, aud the petulancy of the king under theii' demands. 

" For so muclie," says this act, " as the king oure soverayn lord liaving know- 
liche of gi-eate mui-mour and clamour that shold be in lus roiahne of England, for 
nonpaiment of the dispensis of his houshold ; willing of his good grace paiement to 
his liege people to be made for the (Hspensis of the same houshold, gi'anteth and 
ordeineth, bi thassent of the lords spmtuell and temporell, and the coramones of tliis 
roialiue, in this present parliimient assembled, and bi auctorite of the same parle- 
meiit, that all the profits, issues, revenues, customes, and commodites, comynge or for 
to come, of all the castles, honours, manors, lordsliips, landes, tenementes, rentes, 
reversions, services, franchises, libertees, viewes of francjileg, hundredis, letis, courtis, 
and all other inheritances and possessions of the duchie of Lancaster remayuing in 
liis liaiide, and of the duchie of Cornewaille while the same duchie shall be in liis 
hande, from the fest of Seint Michell the archaugell last passed, except all fees, 
wages, annuyteis, reparations, and other chai-ges necessary goinge out of the same, 
be ordeined, applied, and emploied, to the dispensis of his said houshold, and dely- 
vered by the receyvours generall of the said duchies for the tyniie being, to the 
tresourer of liis said houshold for tlie tyme being, by indenturs, thereof betwene 
tliaym to be made; and that the recepours generall of the said duducs, upon theu-e 
accompte, allewayes shall liave allowance and discharge of theii'e payementz, made 

* Act 2. Henry V. 



172 Cfte llistor)) of tf)t 

CHAP, by suche endeiitures ; and yf the same receyvours make payement in any otherwise 
' than in forme aforesaid, that then tlierof they be disalowed ujion theii-e accompt. 
Saviuge to all the Idnge's lieges theire title, right, and interesse that they have in 
the siiid ducliies, or iu any parcelle therof, tliis acte notwithstandinge ; and that tliis 
ordinance endure to the ende of five yere next ensuinge." 
Officers of The reveuues of the duchy having reverted to the Idng, as duke of Lancaster, an 
'^ ""^ ■' act was passed in the 39 Henry VI. appointing that there should appertain to 
the duchy one cliief steward and one auditor in the northern parts, and one other 
chief steward and one other auditor in the southern parts, with one chancellor, one 
receiver general, and one attorney-general in and of all the duchy, with one chief 
steward, and one attorney-general in the county palatine of Lancaster. Wlule the 
mortgage existed, several new offices had been created, but by this act those offices 
were abolished as burdensome in fees, and unnecessary for use. 
Early Hitherto the archives of the duchy had been lodged in the church and priory of 

of the Saint Bartholomew, in West Smithfield, London, much to the annoyance of the 
""^ ^ prior and liis convent. On a representation that the church had become much 
occupied and encumbered with " divers great chests containing the books" of the 
duchy of Lancaster, and that iHvine service was interrupted by the enti'ance of 
ministers, under colour of an exiunination of the books, and that no little disturbance 
was created thereby, the king du-ected that the prior and convent, and their suc- 
cessors, should be exonerated from the custody of the said books and documents; and 
the officers of the duchy were ordered to remove their chests, with then- contents, out 
of the priory into the tower of London, or into such other place as might be found 
convenient to deposit them,* 

Although the court of the duchy of Lancaster was instituted in the cai-ly part of 
the reign of Henry IV., no post mortem inquisitions are registered in this court earlier 
Taken than the first of Henry V. The duty of collecting and arranging the inquisitions 
"uthoiity*^ has been performed by the direction of his majesty's coromissioners of public records, 
"luchy and a list of these inquisitions is published along with a list of the pleachngs, con- 
Lancaster. sistiug of bUls, answers, depositions, and surveys, relating to the suits in that court, 
Ducatus in two volumes, entitled " Ducatus Lancastriae." Tliese volumes ai'e thus described 
trice. by the persons charged mth the duty of collecting and arranging the materials : 

" According to the returns made to the select committee of the house of com- 
mons in the year 1800, the INQUISITIONS POST MORTEM in tliis 
repository then found amounted to 2400, beginning with the first year of king 
Henry V. (1413,) and ending with the eighteenth year of long Charles the 
First, (1042.) A more recent investigation has shewn then." nmnber to 

* 39 Hem7 VI. 



Counti> |3alatint of i!.anca£itn-. 173 

amount to 3569 ; wliicli it has also been found necessary to put in a better chap. 

state of arrangement, and to clean, repair, and bind them in volumes. The 

PLEADINGS consist of bills, answers, and depositions and surveys, in 
suits, exldbited in the duchy court, commencing Avith the first year of king 
Henry VII. and are continued to the present time. 

(Signed) " R. J- Harper, John Caley, Wm. Minchin. 

Dated " Office of the Duchy of Lancaster, 1823." 

Tlie Inquisitions and PleacUngs contain a great fund of local information; but 
they would, ui the most condensed form, occupy an inconveniently large space in 
our coimty history ; and the necessity for theii- insertion is materially dhninished 
since the Ducatus, thanks to the hberality of parliament, is presented to many of the 
pubUc Ubrai-ies in this kingdom, and is therefore easily accessible : suffice it to 
say, that the records, of wliich the Ducatus exlubits little more than an mdex, are to 
be found in the duchy record office, in London ; and theii- number, as fai* as regai'ds 
the county palatme of Lancaster, stands thus: 

Inquisitions Post Mortem, m Vol. 1 3105 

In Vol. II. (Nil) . . 

Pleadings in Vol. 1 1594 

In Vol. II 1589 

3183 

The hostility of the house of York to the house of Lancaster did not extend to Confirma- 
the revenues of the duchy, for no sooner had Edward IV. ascended the throne charters of 

, •' !• T ^ c T .the duchv. 

than he confirmed all the charters and liberties of the duchy ol Lancaster, m a 
manner the most ample, except that he joined the duchy inheritance to the 
crown.* Henry VII. not to be outstripped by a member of the rival house, 

• AN ACT FOR INCORPORATING AND ALSO FOR CONFISCATING THE DUCHY 
OF LANCASTER TO THE CROWN OF ENGLAND FOR EVER. 

1 Edward IV. 
" It is declared and adjudged by the assent and advice of the Lords Spiritual and Temporal, and 
oi' the Commons, being in this present parliament, and by the authority of the same, that the same 
Henry, late called King Henry the Sixth, for the considerations of the great, heinous, and detestable 
matterl and offences before specified by him, committed against his faith and ligeance to our said liege 
Lord King Edward the Fourth, his true, righteous, and natural liege Lord, offended and hurt unjustly 
and unlawfully the Royal Majesty of our said Sovereign Lord, stand by the advice and assent con- 
victed and attainted of High Treason. And that it be ordained and established by the same advice, 
assent, and authority, that he the same Henry forfeit unto the same our Liege Lord Edward the 
Fourth, and to his heirs, and to the said Crown of England, all Castles, Manors, Lordships, Towns, 



174 8nf)f W^tor^ of tf)e 

CHAP, enacted, in the first year of liis reign, that all the lauds of the duchy of Lancaster, 
^' which had heen alienated from that inheritance in the reign of Edward IV. should 
he re-invested in the king and liis heii's for ever, as amply and largely, and in like 
manner, fonn, and coniUtion, separate from the crown of England, and possessions of 
the same, as the tkree Henries, or Edward IV. or any of them, had and held the 
same. Ever since the period when Henry IV. mounted the throne of England, 
the duchy of Lancaster has indeed always been considered by the reigning monarch 
as one of the richest gems in the crown, though for state purposes it has heen kept 
separate and distinct from the regal revenues and possessions. When the act for 
reo-ulating the order of wai-ds and liveries was passed, a special proviso was 
introduced, to guard against the royalties, liberties, and jurisdictions of the county 

Townships, Honours, Lands, Tenements, Rents, Services, Fee-Farms, Knights'-Fees, Advowsons 
Hereditaments, and Possessions, with their appurtenances, which he or any other to his use had the 
third day of March last past, being of the Dutchy of Lancaster, or that were any parcel or member of 
the same Dutchy, or thereunto annexed or united in the first year of the reign of Henry, late called 
King Henry the fifth, or at any time since. And that it be ordained and established by the same advice, 
assent, and authority, that the same Manors, Castles, Lordships, Honours, Towns, Townships, Lands, 
Tenements, Rents, Services, Fee-Farms, Knights'-Fees, Advowsons, Hereditaments, and Possessions, 
with their appurtenances in England, Wales, and Calais, and the Marches thereof, make, and from the 
said day of March be to the said Dutchy of Lancaster corporate, and be called the Dutchy of Lan- 
caster. And that our said sovereign Lord King Edward the fourth have, seize, take, hold, enjoy, 
and inherit all the said Manors and Castles, and other the Premisses with their appurtenances, by 
the same name of Dutchy, from all other his inheritances separate, from the said fourth day of March, 
to him and to his heirs Kings of England perpetually, and that the County of Lancaster be a County 
Palatine : And that our Liege and Sovereign Lord King Edward the fourth and his heirs have, 
as parcel of the said Dutchy, the same County of Lancaster and County Palatine, and a Seal, 
Chancellor, Judges, and Officers for the same ; and all manner of Liberties, Customs, Laws Royal, 
and Franchises in the same County Palatine lawfully and rightfully used, and over that, another 
Seal, called the Seal of the Dutchy of Lancaster, and a Chancellor for the keeping thereof, Officers 
and Counsellors for the guiding and governance of the same Dutchy, and of the particular officers, 
ministers, tenants and inhabitants thereof, in as great, ample, and large form as Henry, calling 
himself Henry the fifth, at any time therein had, used, and enjoyed lawfully. And by the same 
authority the said officers and ministers, and also the said tenants and inhabitants of and in the same 
Dutchy have, use, exercise and enjoy such and all Liberties, Privileges and Customs, as the Officers, 
ministers, tenants and inhabitants of the same Dutchy had, used, exercised or enjoyed lawfully in the 
time of the same Henry, calling himself King Henry the fifth ; and that also in the same Dutchy be 
used, had, and occupied all such Freedoms, Liberties, Franchises, Privileges, Customs and Jurisdic- 
tions, as were used therein lawfully before the said fourth day of March. And the Officers, minis- 
ters, tenants, and inhabitants of or in the said Dutchy be entreated and demeaned according to the 
same Freedoms, Liberties, Franchises, Customs, Privileges and Jurisdictions, and not distrained, 
arcted, nor compelled to the contrary in anywise." 



Countj) ^alati'm of ^Lantaster. 175 

palatine and the duchy of Lancaster suffering prejudice; and when Henry VIII. had chap. 
impaired the revenues of the duchy of Lancaster by a number of gifts, gi-ants, and 



sales, indemnity against the consequences of these alienations was found for the si Henry 
king, as duke of Lancaster, by a gi-ant from parliament of the manor of Ripon and 
its dependencies, in the county of York, and of the viccary, in the forest of Aslie- 
downe, with its rents and manors, in the county of Sussex, botli of wliich were 
attached to the duchy, and the revenues received and accounted for as duchy lands. 37 Hemy 

VIII, 

The example set by the father was closely and speedily imitated by his chiklien ; and 
in the time of Philip and Mary the duchy possessions were restored to their fonuer 
extent, by an act expressed in these very significant terms ; 

" An Act for thenlargyng of the Duchie of Lancastree. 

" Forasmuche as tlie Kyng and Queue our sovereigne Lorde and Ladyie, con- Act of 
sideling and regarding the state of the Ducliie of Lancastree, being one of the and Mary, 
most famous Princeliest and Stateliest peeces of our said Sovereigne Ladie the 
Queues auncyent Enheritance, doo pceyve and consider that the Possessions and 
yerely Revenues of the stiid Duchie arre and have been of late greatlye diminished, 
as well by reason of Sundry Giftes, Grant' and Sales, made by the late Kinges of 
famous memorye, Henry theight and Edoarde the Sixte, late Kings of Englande, 
Father and Brother to our said Sovereigne Ladie the Queues Higlmes, as also by 
reason of suncbie Exchainges made w"" dyvers their loving Subjectes, of Sundry 
Manors, Landes, Tentes, Possessions, and Hereditaments, lately belonging to tlie 
same Duchie ; and the Mano", Landes, Tentes, Possessions, and Hereditaments, 
being recey\'ed and taken in recompence of the said Exclianges, bee not annexed to 
the said Duchie, but been in thorder svey and governance of other Courtes and 
Places, so by theyr Highnes taken and receyved in Excliange ; And forasmuche 
also as thejT Ma"" doo niynde and intende to jn-eserve, avaunce, majTitaine, and 
contynue thauncient and honorable Estate of the said Ducliie ; Our said Sovereigne 
Lord and Ladye therfore bee pleased and contented that yt lie enacted, ordeyned, 
and estabUshed by their Ma"'', w'" thassent of the Lordes Spuall and Temporal!, 
and the Comons in tliis pnte pliament assembled, and by tliauctoritee of tlie same, 
That all Hono", Castels, Lordeshippes, Mauo", Landes, Tenementes, Possessions, 
and Hereditamentes w"'hi this Realme of Englande, w'^'" at any tyme synce the 
xxiij"" daye of Januarie, in the first yere of the Reigne of our said late Sovereigne 
Lorde Kynge Edoarde the Sixte, were prell of the Possessions of the said Duclue 
of Lancastre, or w'" were united and annexed to the said Duchie by aucthorite of 
pliament tres Paitentes or otherways, and w'"" at any time since tlie sayd xxxiij daye 



CHAP. 



176 Cf)C ?)l£itmi) of tl)t 

of Jauuaiie, have beeu given, gi-anted, alyenated, bargayned, solde, exchanged, or 
^- otherwayse severed from the said Duchie, by our said late Sovereigne Lorde King 
Edoai'dc the Sixte, or by our said Sovereigne Lady the Quene that now ys, or by 
oui" Sovereigne Lorde and Ladie the King and Queues Ma"" that now bee, to or 
w"" any pson or psons, and w''' sayd Hono", Castles, Lordshippes, Mano", Lande, 
Tente, and Hereditamente, since such Giftes, Grants, Alienacons, Bargaynes, Sales, 
Exchanges, or Severance thereof so made as is aforesaid, been, comon, or retm-ned 
agayn to thandes of our said late Sovereigne Lorde Kyng Edwarde the Sixte, or to 
thaudes of om- said Sovereigne Ladie the Quene, or to thandes of our Sovereigiie 
Lord and Ladie the King and Quene, or to thandes of her M"% lier heires, and 
successors, in Possession, Revercon, Remainder, or other ways,' and w"*" now bee or 
remain in thandes of our said Sovereigne Lord and Lady the King^ and Quenes 
Ma"'', of any estate of inheritance, shall from the time the same came^reverted agam 
to thandes of our said late Sovereygne Lorde Kinge Edward the Sixte, or to 
thaudes of our said Sovereigne Lady the Quene, or * thandes of our said Sove- 
reyne Lord and Ladye the Kiug and Quene, by aucthoritee and force of tliis Acte 
bee united and annexed for ever uuto the sayd Duchye of Lancastree, and shalbe 
adjudged, demed, and taken for ever for, and as peels and membres of the said 
Duchie of Lancastre," &c. 

In the following reign a systematic return was made of the fees, pri\Tleges, ^viits, 
and advowsons, attached to the duchy of Lancaster and its officers, a copy of wliich 
has been preserved, and is as follows : — 

^ere liesinnetl) ti)e Mott 

Which is known by the name of and Treating of the Fees, Privileges, 
Writts, Advowsons, and other Officers that belong to the Duchy 
and County Palatine of Lancaster [about 1588]. 

Fees of the Dutchei/. 

The chancellor's fee of the £. s. d. lying in London, as much £. s. d. 

Dutchey 238 16 4 more as makes both theii- sa- 

The attorney of the Dutchey . 66 5 4 laries amount to, £76 17 3.] 

The auditor for the north partes 68 13 4 The sum of all the payments 

The auditor for the south partes 68 3 4 which are paid to all the offi- 

[Besides to both of them mur- cers, or allowed as salarys in 

rey cloth, green cloth for the dutchey, in the whole 

their tables and for their amount to 641 3 4 



£400 








1000 








900 








400 









Cotintp ^3alatme of iLaiuastm 177 

An Estimate of the Revenues of the Duchy of Lancaster, collected hy the chap. 
particular Receivers of the Honors belonging to the said Duchy, and yearly " 
paid by the Receiver-General. 

Revenues of the Dutchey per annum. 

The receiver of Cliderhow and £. s. d. The i-eceiver of Leicester . 

Halton, payeth to the general The receiver of Furness 

Receiver of the dutchy . . I7OO The receiver of Bullingbroke 

The receiver of Pomfrett and Augmentation of Lancaster 

Knasbrough, com. 69 annis . 1800 The receiver of the colledge and 

The receiver of Tickhull . . 500 chantry rents in the county 

The receiver of Piclieringleigh 350 of Stafford and Derby . . 40 

The receiver of Duntanborough 80 

The receiver of Tutbury, p.ann. 1500 £8600 

The receiver of Longberington 80 

South Division. 

The receiver of Higham Fe- £. s. d. The receiver of Essex and Hart- £. s. d. 

rars 80000 ford 1000 

The receiver of Norfolk and Suf- The receiver of the marches of 

folk 200 Wales and Monmouth . . 100 

The receiver of Sussex . . . 300 The receiver of Kilwaldid . . 100 

The receiver of the south 



parts 1000 £4800 

So that the whole receipts of the general receiver of the Dutchy, one year £. s. d. 

with another, amounteth to * 14,000 

The receiver is to pay to the treasurer of his Majesties most £. s. d. 

honourable chamber 4000 

And to the cofferer of his Majesties household /OOO 

For fees to the court officers . . 641 3 4 

For expenses of the mass songs, and others, per ann. . . 100 



Total disbursements . . . 11,741 3 4 
So that remains communihus annis, in the custody of the general receiver, 
to be disposed oif according to his majesty's use, upon Mr. Chancellor, 
Sir Francis Walsinghamf 2258 16 8 



£14,000 

* It may be presumed, that the statement of Revenue this year is not equal to the average year, 
as the figures do not correspond with this amount. 

t Sir Francis Walsingham was chancellor in 1588. — See list. This fixes the period when this account 
was taken, or the rates affixed, concurring with the Entry of the Fees of the " Justices of the Queen's 
Bench." 

VOL. I. 2 A 



178 



mn ?§i6toi-p of ti)f 



CHAP. A Declaration of all the Forests, Chases, and Parkes, belonging to the 
^" DuTCHY of Lancaster, out of Avhich the Chancellor, Attorney-General, 

Receiver-General, and two Auditors, are to have deer summer and winter. 



Iti Comit. Lancastrian. 
The forest of Bolland. 
The forest of Wiersdale. 
The forest of Bleasdale. 
Legrame parke. 
Mierscough parke. 
Toxteth parke. 
Quernmore parke. 

In Comit. Cestrice. 
Halton parke. 

In Comit. Stcvffbrdie. 
Yoxalward parke. 
Agardesley parke. 



Rolleiitou parke. 
MarchiDgton ward. 
Tutbury parke. 
Hockeley paike. 
Rowley parke. 
High Lenis parke. 

Hcec sunt in Comit. Derbie. 
High Peak forest. 
Shattell parke. 
Melbure parke 
Mansfield parke. 
Morley parke. 
Posterne parke. 
Ravensdale parke 



I71 Comit. Leicestri. 

The forest of Leicester. 
Castle Donnington parke. 
Barnes parke. 
New parke of Leicester. 
Tonley parke. 
Pekelton parke. 

In Comit. Wilts. 

Loxley parke. 
Alborne chace. 
Everley parke. 



Parks and Chases. 

In Hamshire, Kingsomburne parke. — ^The chace of Holt, and the parke com. Dorset.- 
Kirby parke, in com. Lincolniae. — Higham Ferrers, in com. Nortbamtoniae. 



In Comit. York. 



Poulfret parke. 
Cridlinge parke. 
Kepax parke. 
Blausby parke. 



Pickeringly forest. Havery parke. 

Billon parke. Coinsbrough parke. 

The old parke of Wakefield. Altafts parke. 
Hay parke. Acworth parke, 

and the New parke of Wakefield. 



In Comit. Sttssex. 
Hunsde parke. 
The forest of Ashdowne. 
Weecks parke. 



In Comit. Essex. 
The great parke of Plashey. 
The little parke there. 
Coppedhull parke. 



Two other parkes there are in Highester parke there. 
Suffolk. Eyste parke there 
also. 



In Com. Hartford. 
Hartingfordbury parke. 
Two more parkes in do. 
Kingslaugby parke, do. 
Oldney park, Buckingham- 
shire. 
Hungerford park, Berkshire. 



Counti? |3alatmt of 2[ancaeitn% 

" Fees due per Annum to these Officers. 



179 



Bailiffe of the manor of Salford 
Bailiffe of Derby wapentake 
Bailiffe of man' of West Derby . 
M' of the forest of Wiers- 

dale 

IVf of Amounderness forest 
The escheator of county palatine 
The sheriff of Lane, hath for 

allowance 

The constable of Liverpool castle 

The maister of Symondwood 

forest and keeper of Toxteth 

parke hath for his fees, per 

annum 

Steward of the wapentake of 

Derby and Salford . 
The receiver of the co. palat 
Porter of Lancaster castle 
Steward of Amounderness 
Steward of Lonsdale . 
Keeper of Quernmore parke 
M' of the forest wood of Myers- 
cough 

Maister of Wiresdale et Quern- 



£. s. 


d. 


6 13 


4 


4 


8 


3 


8 


1 10 





3 





5 





9 





6 13 


4 



2 



..50 





. . 6 13 


4 


. . 4 11 





..20 





..20 





. 2 5 


6 



4 11 



The chancellor's fee of the 
county palatine, per annum . 

The justice of the queen'' s bench 
for his office in county pala- 
tine 

And for dyett 

To another justice for his office 
in county palatine, and dyett 
too 

Att^ of County palatine . . . 

Gierke of y^ crown for county . 

Clerk of the common pleas . . 

Clerk of crown and pleas . . . 

Barons of the exchequer there . 



3 


8 


40 





36 13 


4 


13 6 


8 


40 





6 13 


4 


2 





2 





6 





4 






Cryer of the sessions at Lan- 
caster 

Master of Bolland forest . . . 
Steward of ponds for his fee . . 
Receiver of Clitheroe .... 
Steward of Blackburn, Totting- 
ton, and Clederhow, for his 

fee 

Constable of Clitherow castle . 
The keeper and porter of the 
geole in the castle of Clithe- 
row 

Messenger of the dutchy . . . 
The keeper of the parkes' fees . 
Fee of the bailive of Ormskirk . 
Bailif of Burscough fee . . . 
The under steward of Ormskirk 
appointed by the Earl of 

Derby 

Fee of the clerk of the court 

there 

The fee of the auditor . . . 
The fee of the receiver per annum 16 
The reward of the said receiver 13 
The fee for Furness .... 
The baylives of Dalton's fee . . 
The ditto of Hawkshead's fee . 
The ditto of Beamond and Bol- 
ton 

Fee of all the manors pertaining 

to Furness monastery 
Fee of the receiver there . 
Clerk of the court there . . . 
Baylive of Furness liberty . . 
Keeper of woods in plane of 

Furness 2 

Reward of the auditor 
The stipend of a clerk to serve 
in the chapel at Farnworth . 3 

a2 





d. 


CHAP. 
V. 


£. s. 




2 







6 13 


4 




1 







15 13 


4 




3 6 


8 




10 







3 


8 




2 







2 5 


8 




2 







2 13 


4 





2 



1 


13 


4 


28 








16 








13 


6 


8 


6 








2 








2 


13 


4 



2 10 



26 13 


4 


20 





6 13 


4 


4 





2 





6 13 


4 



12 10 



CHAP. 
V. 



180 CI)f i^istorp of tf)f 

£. s. d. £. s. d 

The stipend of a clerk to serve in The stipend of a clerke and 

the chapel at Litherpoole . . 4 17 5 school maister at Manchester, 

The fee of a clerk and schoole per annum 4 2 

m' of Walton, per annum . 5 13 4 Clerke of Beconshawe chapell . 2 16 5 
The clerk's stipend at Black- The stipend of a clerk and school- 

j.Q(les 44I3 master at Leyland . . . . 3 17 10 

The clerk of Clitherow stipend . 3 9 1 The stipend of a clerk and scliool- 
The stipend of the clerk of Pa- master at Preston .... 2 

diham chappel 6 19 2 Clerke and steward of Wigan . 5 

The Chaplin's fee in the chap- The clerke of Crostons stipend . 3 

pel of Harewood, per annum 4 6 6 The payment made unto seven 
The clerk in the chappel of weomen praying within the 

Whalley 4 8 11 late coUedge, called Knowles's 

The stipend of a clerke to Alms house, per annum . . 35 15 

serve in the chappel of Ruf- Payd to two persons and the 

ford, per annum 3 2 2 surveyor thereof 5 10 



18 


2 


10 





19 


9 



" A Note of all the Benefices and Spiritual Living belonging to the Dutchy 

OF Lancaster. 



('■) 
Comit. Berks. 
Henton Rectory .... 

In Comitat. Ebor. 
Methley rectory clare . . . 
Darrington viccaria, per ann. 
Ackeworth rectoria, per ann. 
Croston rectoria, per ann. . 
Slaitborne rectoria, per ann. 
Kirkbram with rectoria . . 
Ouston vicaria, per ann. 
Castleford rectoria, per ann. 
Bradford vicaria .... 
Berwickes of Elemitt . . . 
In Com. Essex. 
Stamford rivers rectoria . . 

Munden (v) 

Dedham {v) per ann. . . . 
Essex (v) per ann. . . . 
Longton (v) per ann. . 
Laugham viccaria sen rectoria 



for rectory- 



23 7 5 



25 


8 


11 











22 


1 





10 





u 











12 


18 


4 


7 


2 


n 


20 


13 





20 








33 


12 


4 


26 


13 


4 


12 


12 





10 








8 








18 


3 


8 


17 









-(11) for vikai'age. 

Gloucester. 

Tiberton Rectoria 

Hartford. 
Saint Andrews with St. Nicholas 

In Com. Lincoln. 
Hartringfordbury (r) . . . . 

Ounley (>■) clere 

Whittingham {?•) 

Hantley (c) per ann 

Stoopings parva (»•) .... 

Norcot (r) 

South Somersetes (r) . 

Bennington {11) 

Salt Thetby (r) 

Southreston (r) 

Morningerby [r) 

Thoresby (/•) 

In Comit Lancastrie. 
Pennington Don clear (r) . . 
Dalton {v) and clear . . . . 



7 


16 





12 


1 


2 


16 








9 


3 


4 


18 


6 


8 


6 


4 


6 


9 


19 


4 


12 


10 





22 


6 


8 


20 





2 


7 





2 


5 


10 


2 


9 


8. 


4 


6 


9 


6 











17 


6 


8 



Countp palatine of ilancasJten 



181 



In Com. Leicester. 

Hathurend {v) 12 

St. Peter, Leicester {v) . . . 2 

Desford (r) 2 

Wliitwicke vie 9 

Viccaria de pembe valet, per ann. 6 
Mandeoallocke sene Mono- 

bon(v) 9 

Swafield (r) 6 

Mamelly vie. valet, per ann. . 6 

Shibden (v) 9 

Trunche (r) 10 

Southropes (r) 6 

Sydestrond (r) 5 

Northrope (r) 

Mondesley (r) 8 

In Comit. Norfolk. 

Themingham rector .... 6 

Withrope (r) 5 

Malilaske (/■) 5 

Beeston {r) 16 

Plumbstead (r) 5 

In Comit. Northump. 

Inchester {v) 8 



d. £. 

Passenham (r) 20 

Preston {v) 15 

Widd {v) 3 

Bethome {v) clear 13 17 

Millome {v) 8 

Urswick {v) sunt Richmondsha 7 



In Com. Stafford. 

Tudbury {v) 7 

Rolston (r) 13 

Tatenhill rectory .... 26 

Wolstanton (r) 32 

In Com. Suffolk. 

Clare (vie.) 4 

Eyken (f) 6 

Holmesett (v) cleare .... 

Stratford 13 

Somersham (r) 8 

Hunden (v) 7 

In Co. TVilts. 

Poole (/•) 17 

Ashley (r) 9 

In Co. Westmoreland. 
Orton (v) 16 









5 





9 


7 


14 


4 


6 


8 


13 


4 


8 


6 


13 


4 


4 


9 


13 


4 








10 











9 


9 








5 


2 














3 


2 



s. 



d. CHAP. 

^• 


4 





6 


10 


17 


4 


5 


8 


17 


4 








9 


6 








3 


9 


18 


8 


13 


4 




















13 


4 


12 


5 


16 


4 



17 4 



" The valuation of some parsonages and vicarages mtliin the dutchy appeareth 
not in the records remaining in the dutchy office, but may be found in the office of 
the fii-st-fruits, where the same are best known." — Birch's MSS. 

From the time of queen Elizabeth to the reign of Charles II. no material change 
took place in the duchy court of Lancaster, with the exception of the abolition of the 
duchy court of star-chamber already noticed; but in the twelfth year of that monarch, 
the last remaining vestige of the feudal system, after having existed in tliis country for 
at least six hundred years, was swept* away, and with it the privileges of wards Abolition 
and liveries attached to the duchy of Lancaster, although those privileges had been feudal 
thought worthy of special protection a century before. The progi-ess of Imowledge ^^' "'"■ 
had burst the bonds of vassalage, and although the system introduced, or completed, 
by the Norman conquerors, had taken deep root, and identified itself with the whole 

• Rot. Pari. 12 Car. II. p. 3. nu. 4. 



182 



€i)t ^^I'Stoi-p of t\)t 



CHAP. 
V 



16 & 17 
Car. II. 



Chancel- 
lors of the 
Duchy. 



frame of society,* the tenures in capite, and knights' service, were now declared 
" more biii-thensome, giievous, and prejudicial to the Idugdom, than beneficial to the 
king," and they were, therefore, for ever abolished. 

During the interval between the year 1642, when the public treasmy passed into 
the hands of the pai'liament, and the yeai' 1660, when Charles II. obtained the royal 
inheritance, the revenues of the duchy of Lancaster were applied to the exigencies of 
the state, first under the administration of Lord Newbm-gh, and subsequently under 
the chancellorsliips of William Lenthall, speaker of the house of commons, John (Pre- 
sident) Bradshawe, Thomas Fell, and Sir Gilbert Gerard, Bart. ; the latter of whom 
was displaced at the Restoration by Francis lord Seymoiu-, who, as a mark of the royal 
favoiu-, obtained tliis lucrative appointment, for his attacliment to the House of Stuart. 

To facilitate the proceedings in the duchy court, an act was passed in the 16th 
and 17th Charles II. empowering the chancellor of the duchy to grant commissions 
for taking affidavits vntian the county palatine of Lancaster, and other places in 
the several counties of the kingdom within the survey of the duchy court, whereby 
the same validity was given to those affidavits, as if they had been sworn, as liitherto 
in the duchy chamber at Westminster, and to render these proceedings, in the 
incipient state, as little burthensome as possible, it was directed that the very 
moderate fee of twelve pence, and no more, should be received by the person 
empowered to take the affidavits. 

From the first creation of the duchy of Lancaster, in 1351, to the present time, 
1831, there have been eighty-three chancellors of the duchy. The following is a 
complete list of those officers, obligingly furnished by the duchy office : — 

Chancellors of the Duchy and County Palatine of Lancaster, from the 
first Creation of the Dukedom in 1351, to the present time, June 1831. 



34 Edward III. Sir Henry de Haydok 



46 Edward III. 
51 Edward III. 

1 Richard II. 
6 Richard II. 

6 Richard H. 

7 Richard II. 
1 Henry IV. 
1 Henry IV. 



Ralph de Ergham, clerk. 
Thomas de Thelwall, clerk 

Sir John de Yerborough, clerk. 
Sir Thomas Stanley. 
Sir Thomas Scarle. 
Sir William Okey. 
John de Wakering. 
William Burgoyne, Esq. 



Chancellor of Henry, first Duke of 

Lancaster. 
Bishop of Sarum. 
Created Chancellor of the County 

Palatine, 16th of April, 

November 10th, pro temp. 
November 29th , 
October. 



See vol. 1. c. 2. p. 66^84. 



Coiintj) ^alatint of iLnnragtrn 



183 



6 Henry IV. 
11 Henry IV. 
1 Henry V. 

1 Henry VI. 

2 Henry VI. 
9 Henry VI. 
17 Henry VI. 

20 Henry VI. 

26 Henry VI. 

27 Henry VI. 

I Edward IV. 

II Edward IV. 

17 Edward IV. 

18 Edward IV. 
1 Richard III. 
1 Henry VII. 

19 Henry Vll. 

21 Henry VII. 
1 Henry VOL 
14 Henry VHI. 
17 Henry VIII. 



Sir Thomas Stanley. 
John Springthorpe, clerk. 
John Woodhouse. 
John Woodhouse, contd. 
William Troutbecke, Esq. 
Walter Sherington, clerk. 

William Tresham. 
William Tresham. 
John Say, Esq. 
John Say, Esq. contd. 
Sir Richard Fowler, Kt. 
Sir John Say, Kt. 
Thomas Thwaites. 
Thomas Metcalfe. 
Sir Reginald Bray, Knt. 
Sir John Mordant, Knt. 
Sir Richard Empson, Knt. 
Sir Henry Marny, Knt. 
Sir Richard Wingfield, Knt. 
Sir Thomas Moore, Knt. 



21 Henry VHI. Sir' William Fitzwilliams, Knt. 



35 Henry VIII. 
1 Edward VI. 
6 Edward VI. 
1 Queen Mary. 
4&5 Phil. & Mary 
1 Elizabeth. 
10 Elizabeth. 
19 Elizabeth. 
32 Elizabeth. 
37 Elizabeth. 
43 Elizabeth. 

13 James I. 

14 James I. 

15 James I. 
6 Charles I. 
Feb. 10, 1644. 



Sir John Gage, Knt. 

Sir William Pagett, Knt. 

Sir John Gate, Knt. 

Sir Robert Rochester, Knt. 

Sir Edward Walgrave, Knt. 

Sir Ambrose Cave, Knt. 

Sir Ralph Sadler, Knt. 

Sir Francis Walsingham, Knt. 

Sir Thomas Henage, Knt. 

Sir Robert Cecil, Knt. 

Sir John Fortescue, Knt 

Sir Thomas Parry, Knt. and John 

Daccomb, Esq. 
Sir John Daccombe, Knt. 
Sir Humphrey May, Knt. 
Edward Lord Newburgh. 
William Lord Grey of Wake and 

William Lenthall, Esq. 



May 15th. 

March 30th. 

4th April. 

20tli of January. 

10th of June. 

16th of February. 

7th of May, Chancellor for life. 

3d of July, Chancellor in reversion. 

1st of November. 

10th of June. 

16th of June. 

10th of June, also Chan, of Excheq. 

3rd of November. 

2d of April, also Chan, of Excheq. 

7th of July. 

13th of September. 

24th of June. 

3d of October. 

14th of May. 

14th of April. 

31st of Dec. made Chancellor of 

England. 
3d of Nov. afterwards Earl of 

Southampton. 
10th of May 
1st of July. 
7th of July. 

22d of June. 

16th of May. 
15th of June. 

7th of October. 
16th of September. 
27th of May. 

5th of June. 
23d of March. 
16th of April, 



CHAP. 
V. 



184 



Cfte listtorp of tt)t 



CHAP. 1649. 


John Bradshawe 


1st of August. 


^- 1655. 


Thomas Fell 




1659. 


Sir Gilbert Gerard, Bart. 


14th of May. 


12 Charles 11. 


Francis Lord Seymour. 


9th of July. 


16 Charles 11. 


Sir Thomas Ingram, Kt. 


21st of July. 


23 Charles 11. 


Sir Robert Carr, Bart. 


22d of February. 


34 Charles 11. 


Sir Thomas Chicheley, Kt. 


21st of November. 


1 Wm. and Mary. 


Robert LordWilloughby, of Ersby. 


21st of March. 


9 William lU. 


Thomas Earl of Stamford. 


4th of May. 


1 Queen Anne. 


Sir John Leveson Gower, Bart. 


12th of May. 


5 Queen Anne. 


James Earl of Derby. 


10th of June. 


9 Queen Anne. 


William Lord Berkeley, of Stratton, 


, 21st of September. 


1 George 1. 


Henage, Earl of Aylesford. 


6th of November. 


2 George I. 


Richard Earl of Scarborough. 


12th of March. 


3 George I. 


Nicholas Lechemere, Esq. 


19th of June. 


1 Geo. 11. 


John Duke of Rutland. 


July 17th. 


8 Geo. II. 


George Earl of Cholmondeley. 


May. 


16 Geo. II. 


Richard Lord Edgecumbe. 


December 22nd. 


34 Geo. 11. 


Thomas Earl of KinnouU. 


27th of February. 


3 Geo. 111. 


James Lord Strange. 


13th of December. 


11 Geo. 111. 


Thomas Lord Hyde, afterwards 






Earl of Clarendon. 


14th of June. 


22 Geo. 111. 


John Lord Ashburton. 


17th of April. 


23 Geo. III. 


Edward Earl of Derby. 


29th of August. 


24 Geo. III. 


Thomas Earl of Clarendon. 


31st of December. 


27 Geo. III. 


Charles Lord Hawkesbury. 


6th of September. 


44 Geo. III. 


Thomas Lord Pelham. 


11th of November. 


44 Geo. 111. 


Lord Mulgrave. 


6th of June. 


45 Geo. 111. 


Earl of Buckinghamshire. 


14th of January. 


45 Geo. III. 


Dudley Lord Harrowby. 


10th of July. 


46 Geo. ni. 


Edward Earl of Derby. 


12th of February. 


47 Geo. 111. 


The Right Hon. Spencer Perceval. 


30th of March. 


62 Geo. 111. 


The Earl of Buckinghamshire. 


25th of May. 


52 Geo. III. 


The Right Hon. Charles Bathurst 


23d of June. 


4 Geo. IV. 


Nicholas Lord Bexley 


13th of February. 


9 Geo. IV. 


The Earl of Aberdeen, K.T. 


26th of January. 


9 Geo. IV. 


The Rt. Hon. Charles Arbuthnot 


2d of June. 


1 V^iUiam IV. 


Lord Holland 


25th of November. 



We have thus sketched, with a rapid hand, principally from official documents, a 
connected and authentic liistory of tlie duchy of Lancaster, one of " the most famous, 
princeliest, and stateliest of inheritances." The connexion of the duchy Avith the 



Coiintp ^3alatmt of S.ancngtfn i85 

ducal and royal House of Lancaster is too close to adinit of separation. Tliey serAe chap 
to illustrate and to ennoble each other, and to have exliibited them apart would ' 

have derogated from the tUguity of both. In each successive reign, from the period 
when Hemy of Bolingbroke ascended the throne of tliis kingdom, to the present 
time, Avith the exception of the inteiTegnam of the commonwealth, the kings 
of England have enjoyed the title of duke, and the revenues of the duchy of 
Lancaster, both of which are now in possession of om- gracious sovereign 
William IV., and mil descend as an inalienable inheritance to liis royal 
successors. 

The proceedings of the duchy court during a period of four huncked and thirty 
years, are full of interest in all the counties of the kingdom to wliich the duchy 
extends, but in the county palatine of Lancaster they have a peculiar claim to that 
distinction ; and it may tend essentially to the convenience of those who at present, 
or in future times, may have occasion to consult the records of that duchy, to be 
presented with the follo\ving authentic information, both as to then- nature, and as to 
their places of deposit. 



Ci)e Hue!)]) 3i^rcortis» 



" Return from the deputy Clerk of the council, and keeper of the Records in 
the Duchy of Lancaster, to the Committee on the Public Records of tliis 
Kingdom, made in vii'tue of an order from the select Committee, with 
an answer to the enquiry. Whether all the Records of the Duchy are 
open to jjublic inspection? 

" In obedience to your Order of the 21st February last, I herewith return 
answers to the several Queries put to me, with respect to the Records of this Office, 
under the Custody of the Clerk of the Council, and the two Auditors, to whom I, in 
tliis respect, act as deputy ; but beg leave at tlie same Tune to state, that such only 
are considered as public, and open for public Inspection, as in any wise relate to or 
concern Judicial Proceedings, the remainder being collected for the purpose of 
better managing and improving the Inheritance of his Majesty's Possessions m 
right of liis Duchy of Lancaster; and the Officers of the Duchy think themselves at 
liberty to withhold them from public Inspection, except for the purposes before 
mentioned, or by command of his Majesty, as Duke of Lancaster, signified by his 
chancellor of the Duchy. 

VOL. I. 2 B 



186 Cfje ?^isitori) of tbe 

CHAP. " Tlie Answer to the Fii-st Question, is contained in the foUowino; list of Records 

V. 

1_ in the Office of the Duchy of Lancaster : — 



Records. " Account of the puichase Money arising fi-om the Sale of Rents under the several 

acts of Parliament, — 29 Geo. III. 1 780, to tlie present time. 
" Awards for inclosures, in wliich the Duchy Property has been concerned, — 

27 Geo. II. 1754, to the present Time. 
" BUls and Answers and Depositions in the Duchy Court of Lancaster, and of such 

as liave been transmitted from the County Palatine to be heai'd in the Duchy 

Court, — 1 Hen. VII. 1487, to the present Time. 
" Charters and Grants of various Kings imder the Great Seal, as well as of private 

Persons (remaining in Boxes), to the King's Sons, and to Ecclesiastical 

Persons, of Lands A^ithin tlie Surveys of the Duchy, — 1 King Stephen, 1135, 

to 10 Queen Elizabeth, 1558. 
" Charters and Grants in Fee Farm, some of wliich ai'e em-oUed in the Office, and 

others remain on Pai'chment, with the Royal Sign Manual. The original 

Charters of the Duchy and County Palatine to the King's Son, and Grants of 

Lands to Individuals of the possessions of the Duchy, — 51 Ed. III. 1377, to 

1 Queen Anne, 1702. 
" Court Rolls of such Manors as formerly belonged to the Duchy, and have suice 

been granted away, and of such as are at present demised by Leases under the 

Duchy Seal, — 1283, to the present Time. 
" Decrees of the Duchy Court inrolled in Books, and some drafts with the Attorney 

General's Signature, — 1 Hen. VII. 1487, to the present Time. 
" Grants of Rents under the several Acts, to enable the Chancellor and Council to 

dispose of the Fee Farm and otlier Rents, and to enfranchise Copyhold 

Estates,— 20 Geo. III. 1780, to the present Time. 
" Inquisitions Post Mortem, consisting of 2,400 of various Lands and Tenements, 

within all the Counties in England, — 1 Hen. V. 1413, to 18 Cha. I. 1642. 
" Leases, Drafts, and lurolments, of such as have passed the Duchy Seal, of Land 

and Tenements, Parcel of the Possessions of the Duchy, — 1 Hen. VIII. 1510, 

to the present Time. 
" Ministers and Receivers Accounts of the Rents and Revenues of the Duchy, — 

1135, to the present Time. 
" Patents of Offices granted under the Duchy Seal,— 1 Hen. VIII. 1510, to the 

present Time. 
"Presentations to Livings under the Duchy Seal^ — 1 Hen. VIII. 1510, to the 

present Tune. 



Countp ^aalatine of 2Lanrae!tn% 187 

" Rentals and Particulars of Lands belonging to the Duchy, collected together in chap. 
Bags and Presses, and consisting of various other documents, of such Descrip- [ 



tions, that they cannot he comprised under one Head, registered mto Counties, Records. 

and in the Catalogue are the Names of places alphabetically arranged, — 

51 Ed. III. 1377, to the present Time. 
" Reo-isters of Leases, Warrants, Grants, and other Docmnents, under Royal 

Signs Manual, inroUed in Books, of John Duke of Lancaster, in tlie Time of 

Edw. the Tliii'd, and of various Kings, relating to the Possessions of the 

Duchy,— 51 Edw. IIL 1377, to 8 Hen. VI. 1430. 
" Revenue ProceecUngs in Duchy Court inrolled in Books, — 6 Cha. I. 1630, to 

the present time. 
" Special Commissions of Sewers, and to survey estates belonging to the Duchy, — 

23 Eliz. to the present Time. 
" Privy Seals and Bills, being the particulars prepared previous to the gi-anting 

any Leases or Offices under the Duchy Seal, — 1 James I. to the present Time. 
" The Building wherein the Records are kept is situate on the East Side of 
Somerset Place,* is in good Condition and Security, with respect to the Rooms where 
the Records are deposited ; but many of them have been obliged to be lately removed 
from the lower part on account of the Dry Rot, which has affected the Casement 
Story. As the Records yearly increase, more Room will be wanted at some future 
Pei-iod, for the Accommodation of them. The Office was appropriated to the use of 
the Duchy of Lancaster under the Act for erectuig the Buildings at Somerset 
House, and is therefore public Property. But tliis office was given to the Duchy in 
consideration of Accommodations and Concessions made by his Majesty in right of 
liis Duchy, from such parts of the manor of Savoy as belonged to the Duchy. 

" The Records, except those of very ancient Date, (wliich were, in some degi-ee, 
destroyed by the vennin in the late ofiice,) are in good preservation; and such as 
are not contained in Books are arranged in Presses, according to their Dates, tied 
up with paper and string, and numerically indorsed ; and in the course of every 
summer a person is employed to remove the Dust from them, and put new paper 
and string to such as want it. Tlie Books are deposited in Closets, indorsed accord- 
ing to their dates and Subjects. 

" There are correct general Indexes, Repertories, and Calendars, of all the 
Records in the Office, with reference to the particular Subjects wliich they contain; 
and as fresh Records are transmitted to the Office, they are continued to be entered 
in existing Calendars; and these additions are minutely attended to, without any 
Expense on that account being borne, by the King as Duke of Lancaster. 
* The Records are now removed to Lancaster-place. 
2b 2 



188 Cf)e W^tov)] of tfte 

CHAP. " Several Years ago, according to what I have been infonned, a Fii-e happened at 

" the Duchy's Office, Gray's Inn, by wliich accident several Records were destroyed, 
Henords. and some ai-e supposed to have been stolen. Some of these have been recovered 
from persons, wlio have voluntarily sun-endered them; and some few Indexes and 
Cataloanies, wliich had been made for the use of the officers who had the care of the 
Records; but I know of none now existing in any place, from Avhence they ai-e lOvely 
to be regained ; and such ample Repertories have since been made, and the Records 
aiTanged in such order, that they would hardly be of use if recovered. 

" I am employed iu the arrangements of the Records myself, and a clerk assists 
me in placing and replacing them, for which no Salary or allowance whatever is paid, 
but a fee of 8s. 6d. is chai'ged for the production of each Record, which is the sole 
allowance, as well for the trouble and producing them, as for arranging them and 
keeping them in proper preservation, and for making the Indexes, Repertories, and 
Calendars, and the further some of Is. is chai-ged per foUo for Copies, or \6cl. if there 
is any considerable difficulty arising from the Antiquity or Language of the Record. 
Attendance with the Records themselves is so seldom demanded, that no Fee has 
been regularly settied for that purpose; but if in London, a charge is made of one 
guinea, besides the coach-hire ; and if in the country, two guineas a day, with the 
travelhng chai-ges, and all other expenses, would be expected. No account has 
been kept of the profits derived by seai'ches for public Records, independent of those 
where fees have been received for other searches, firom whence any average can 
be taken, 

" The answer to the Sixth Question is, I presume, contained in the answer to the 
foregoing questions. 

" I am not apprised of any regulation that can be made, for rendering the use of 
the said Records more convenient for proper Inspection. 

" R. J. Harper. 
" May 8, 1800." " Deputy Clerk of tlie Council. 

" Several Fee Farm Rolls of this Duchy have been lately transfen-ed to this 
Office, from the Augmentation Office." 

" Return to a further Question to the Clerk of the Council and Keeper of the 
Records of the Duchy of Lancaster. 

" Query. Are there in yom- custody, as such Officer, any Calendars, or Indexes, 
to the Inquisitions Post Mortem mentioned in your Return to this Committee, and 
upon what plan are they formed — and are they in a state sufficiently coiTect for 



Countt) |3alatmc of aanrn^ter* 



189 



publication, if it should be thought to conduce to the benefit of tlie Public to have chai' 
the same printed?" L_ 



" Answer. There are, as stated in my former Return, several Inquisitions Post Records. 
Mortem, Traverses, and other Inquisitions of divers kinds, remaining in this Office 
under my care, cormuencing in the beginning of the Reign of Henry V. and 
finisliing 18 Charles I. amounting to nearly 24,000 in number, some of which consist 
of many large Skins of Parclunent put on Files, in several bundles, secured from 
futm-e injuries by strong covers, and to wliich there is a regular Alphabetical Index 
and Calendar, in one Volume, divided into the several Reigns of the Kings before 
mentioned, and containing the names of Persons, and all places mentioned in each 
Inquisition, oniittuig none that are legible. The first dii'ecting immediately to the 
several lands eacli person died possessed of; the other refemng to each Inquisition, 
in which any particular Lands are to be found. 

" I know of no objection to pnbHsliing the above Index, if it should be thought 
conducive to the public benefit; and understand it \\ill fill about 90 Pages when 
printed. 

" R. J. Harper. 
« June 27, 1810." " Deputy Clerk of the Council. 



The following is an Abstract from the public records relating to the Depositories 
of the Duchy of Lancaster : — 



DEPOSITORIES OF THE DUCHY RECORDS. 



Records mid other Instruments. 

Charters and Grants : 

Under the great Seal of Duchy Lands . . . 

Of various Kings 

Grants in Fee Farm, some enrolled, others not, 

Confirmation of privileges 

Copies of Charter relating to the Duchy . . 
Exemplification of the grant of creation of the "^ 
County Palatine, and creation of Duke . . 3 
Patents of Offices under the Duchy seal . . 

Grants of Rent under Statutes . . • . . 



Date. 



th .-J 

nne* 



Stephen to Elizabetl 
1135 to 1558 
51 Edw. III. to Ann 
2 Henry V. . . . 
Henry IV. to Edw. I V.^ 

1 Edw. IV. • • •( 

I Henry Vlll. to the ^ 
present time. . . ^ 

1780 to the presents 
time ' 



Where kept. 



Duchy office. 
Bodleian library. 
Ashmolean Museum. 

Bodleian Library. 
Duchy Office. 



Where <le- 
positeii. 



190 



C6c lisitorp of tfie 



CHAP. 
V. 



Records and other Instruments. 



Inquisitions, Post Mortem 



Records. Transcripts of, for Duchy Lands in Western^ 

Where de- Counties, Dorset, Somerset, Wilts, Hants .3 

posited. 

Sewers — Special Commissions 

Surveys : — Of Woods and Underwoods . . . 
Feoda Militum Regis Caroli Ducis Lancastrise 
Privy Seals and Bills 



Awards for Inclosures 



Presentations to livings under the Duchy Seal 

Court Rolls, 

Of manors formerly of the Duchy and of those "1 

now in demise ( 

Leases, 

Registers of, together with warrants and other 

documents, under the sign Manu; 
Drafts and inrolments of . 



ts and other "1 
aal . . .\ 



Rentals and Particulars : 

Of Duchy Lands, alphabetically arranged . . 

Fee Farm Rent Rolls during the Commonwealth 
Knight's fees therein belong to Charles L . ."^ 
General Rental Tempo. Interregni . . . .^ 
The like for Dorset, Somerset, Wilts, and Hants 
Of ministers and receivers . 

Of money arising by sales under statutes . . 

Of receiver in the County of Lancaster, and"j 
annexed lands of Clithero, Furneis, and > 

Houlton ^ 

Forests, Pleas of 

Pleading and Decrees, by Bill and answer . . 



Books of decrees and orders .... 

Revenue Proceedings . . . . . . 

A few Records concerning the Duchy . . . 



Date. 



1 Henry 


V. to Car. L 


16 Car. 


[. . 


. . . 


23 Eliz. 


to the 


present 


time 


. 


. 


1575 . 


, , 


* 


Car. L 






1 Jac. L 


to the 


present 


time 


. . 


. . 


1754 to 


the 


present 


time 


. 


. 


1510 to 


the 


present 


time 


, , 





1283 to the present 
time 



51Ed. Ul.toSH. VL 

1 Hen. VHI. to the 
present time 

51 Edw. III. to the 

present time 
Car. I and II. 

1648 . . 



1636 to 1640 
1135 to the 

time . 
1780 to the 

time . . 



present 



present 



Date wanting 

8 Edw. III. 
1 Henry VII. 

present time 
1487 to the 

time . 
1630 to the 

time . . 



to the^ 
present 
present 



Where kept. 



Bodleian Library. 



University Lib. Camb. 



Duchy Office. 



Augmentation Office. 
University Lib. Camb. 

Duchy Office. 

University Lib. Camb. 
King's Rememb. Office. 

Duchy Office. 



Auditor's Office Land 
Revenue. 



Cotmtp |3alatinf of aanfasften I9i 

The Seal of the Duchy of Lancaster is as ancient as the duchy itself; as is also chap. 

the Seal of the County Palatine. The Seal of the Duchy remains with the chancel- '. 

lor of the duchy at Westminster ; that of the county palatine is deposited in a 
chest in the county of Lancaster, under the safe custody of the keeper of the seal. 
All grants and leases of land, tenements, and offices, in the county palatine of 37 Hen. 
Lancaster, in order to render them valid, must pass under the seal of the county c. le. 
palatine, and no other ; and all gi-ants and leases of lands, tenements, and offices, 
out of the comity palatine, and within the survey of the ducliy, must pass under 
the seal of the duchy, and no other seal.* The custom, however, is, to seal all 
deeds of lands, &c. Avitliin the county palatine, mtli hoth tlie duchy and the county 
palatine seals, and all mthout the county, but witliin the survey of the duchy of 
Lancaster, A\dth the duchy seal only. 

These seals are essentially the same as those that have been used since tlie days 
of John of Gaunt, but new seals are engi-aved in eacli successive dukedom. Those 
at present in use are extremely splendid, and may rank amongst the first efforts 
of art in this department, as will be seen on reference to the annexed plate, in 
which they are correctly delineated. 



THE DUCHY SEAL 

Represents the King seated on his Tlu'one in Royal Robes, wearing the Collar Duchy 
of tlie Most Noble Order of the Garter, and the Imperial Crown. In his right 
hand he holds the Royal Sceptre, and his left is placed on the Orb and Cross 
on his left knee. On the dexter side of the Throne, on a compartment adorned with 
the Union Badge of the Rose, Thistle, and Shamrock, is placed a Lion sejant 
croAvned with the Imperial Cro^vn, and supporting between the Paws a Banner of 
the Arms of the United Kingdom of Great Britain and Ireland ; and on the sinister 
side of the Tlu'one, on a lilce compartment, is a Unicorn sejant and addorsed, gorged 
with a Prince's Crown, and supporting a banner of the Arms of the Duchy of 
Lancaster, viz. Gules, 3 Lions passant guardant Or, a label of three points, each 
charged with three fieurs de lis. The ground of the Seal is diapered, and round 
it is the Royal Style, 

iiSiiUrlmuft Quartu0 ari gratia ISritanntarum Ilex, jFibei Btfen^ov. 

) 

* Sir Edward Coke's Fourth Part of the Institutes of the Laws of England, fo. 210. 



192 CljC iJlSltOip Of ti)t 

CHAP. On the Reverse is an antique Shield of the Arms of the Duchy, placed in 

^' hend dexter, between two Ostrich Feathers erect Ermine, each issuant from an 
Escrol. The Sliield is pendent by a belt from a Helmet, fi-om which flows the 
Lambrequin, and on the Helmet rests the Crest, being upon a Chapeau, turned up 
Ermine, a Lion statant guardant, gorged with a Label of three points, each charged 
Tvith thi-ee fleurs de lis. 

The Seal is cuxumscribed mth the inscription 

«6i0iUum Bncatm lianrastrhT. 



THE COUNTY PALATINE SEAL, 

County The ground of which is diapered, represents the King on Horseback in AiTQOur, upon 
Seal'"'' a Mount in base, with the right arm elevated, and branchshiug a sword. Upon the 
King's Helmet is placed the Crest, being on a chapeau, a Lion statant guardant. 
On the dexter side, under the upraised Arm, is a Rose ensigned by a Prince's 
Coronet. The Caparisons of the Horse are ornamented with the letter £,, ensigned 
with a like Coronet, and with the Royal Motto, Dieu et Mon Droit. On the Mount, 
near the dexter foot of the King, is a Talbot Dog courant, gorged with a coUar. 
The whole is cu'cumscribed 

^igillum CTomitat: iJalatin: Uanrastnap. 

The Reverse of tliis Seal is also diapered, and bears a Shield of the Arms of 
the Duchy, as above described, pendant by a belt fr-om a Coronet, composed of 
Crosses patee and fleurs de lis, occupying the upper part of the Seal. On a Moimt, 
in base, are represented, on each side of the Shield, two Talbots addorsed, each 
collared, and supporting an Ostrich Feather issuant fi-om an Escrol, 
The Seal is thus cfrcumscribed, 

<ffiuUelmu0 (iuattu0 Uri grat. JSritanniarum Utx: dFiU: Drf: 



Although the ofiices of the duchy, and the county palatine, except that of the 
chancellor's, are little subject to political changes, the list of ofiicers is fr-equently 
varying by the inevitable operations of time. At present, Jime, 1831, these lists 
stand thus : — 



S(ai oi the (County palatini ci ^ancaeter. 




Sfttl oi tk IBmbp oi ^amaBtet, 




Engraved ly H MclviUe, liom Uir Modiri.. 



■^ 



^ 



Cotintp palatmt of Hancnsfttr. 



193 



OFFICERS OF THE DUCHY OF LANCASTER. 



CHAP. 
V. 



Chancellor — Lord Holland. 
Attorney-General — William Walton, Esq. 
King's Sergeant — R. G. Cecil Fane, Esq. 
King's Counsellors — F. A. Roe, Esq. and 

Robert Palk, Esq. 
Receiver-General — Sir William Knighton, 

Bart. G.C.H. 
Auditor — Sir George Harrison, K.C.H. 
Clerk of the Council and Registrar — 

Fredk. D. Dan vers, Esq. 



Clerk in Court in Causes — W.Minchin,Esq. 
Surveyor of Lands and Woods South of 

Trent — Robert Smirke, jun. Esq. 
Surveyor of Lands North of Trent — John 

Bower, Esq. Ferrybridge. 
Surveyor of Woods North of Trent — R. I. 

Harper, Esq. 
Usher of the Duchy Court — Mr. Richard 

Edwards. 
Messenger — Charles Coggins. 



Receivers of the Rents. 



Lancashire — Wm. Eccles, Esq. Manchester. 
Yorkshire and Notts — Thos. Lack, Esq. 
Leicestershire and Northamptonshire — Tho- 
mas Freer, Esq. 



Staffordshire — Thomas Lack, Esq. 
Monmouthshire — William Davies, Esq. 
Essex and Hertford — T. Hinckley, Esq. 
Derbyshire — Rd. Hinckley, Esq. Lichfield. 



OFFICERS OF THE COUNTY PALATINE. 



Chancellor — Lord Holland. 
Vice-Chancellor — Francis L. Holt, Esq. 
Secretary — Robt. J. Harper, Esq. 
Attorney-General — John Crosse, Esq. 
Constable of Lancaster Castle — William 

Hulton, Esq. 
Registrar, Examiner, and First Clerk — 

Wm. Shawe, Esq. 
Seal Keeper — Robt. Wm. Hopkins, Esq. 



Cursitors and Clerks of the Chancery - 
William Wilson, Nicholas 
Grimshaw, Christopher B. 
Walker, Robert R. Hopkins 
Charles Birch, Esqrs. 

Acting Cursitor — N. Grimshaw, Esq. 

Prothonotary — Earl of Clarendon. 

Deputy — 

Clerk of the Crown— J. T. Batt, Esq. 

Clerks of the Peace — Edw. Gorst, Esq. 
Thos. Birchall, Esq. 



Messenger — Charles Coggms. 



The use of seals is of very ancient date. The Romans, during the four centui-ies Antiquity 

•' "of seals. 

that they occupied tliis country, had them in constant use ; but Ave do not find that 
in Lancashu-e, or in any other part of the kingdom, that they were used by our Saxon 
ancestors. — Tlie Normans again introduced them ; and the progress of the use of 
seals, till they became almost universal, is exliihited with considerable precision in 
a paper on that subject, in the Harleian MSS.* in the British Museiun, of which the 
following is a copy : — 

* Harl. MSS. no. 6079, fo. 109. 
VOL. r. 2 c 



194 €f)t ?^iston) of tfte 

CHAP. « PARTICULER VSE OF SEALES. 

V. 

" Fii'st, y Kinge only. 

" At fii'st, y^ kinge oulye, and a few other of y' nobilitye besides hym vsed y' seale. 
" Then Nohleme, and none other. 

" Afterwai'des nohleme for y" moste parte, and none other. As a man maye 
see in y' Historye of Battell Ahbaye, where Richard Lucye, chiefs Justice of Eng- 
lande in y' tyme of kinge Hen. y" seconde, ys reported to have blamed a meane 
Subiecte, for that he vsed a pryvate seale, wher as that ptayned (as he saide) to 
y' kinge and nobilitye onlye. 

" At this tyme also (as John Rosse noteth) they vsed to engi'aue in theyre 

scales Tlieire owne picktm-es, and Counterfaytes couered w'*' a long coate ouer 

theire Armours. 

" Vse of sealinge by Gentileme of y" better Sorte. 

" After this y' Gentilemen of y" better sorte toke vp y' fasliion. And 
because they were not all Warriours, they made seales engraved with their 
seueral coates or sliieldes of Armes, for (HfTerence sake, as y' same Author 
reporteth. 

" Common vse of Sealinge. 

" At lengthe aboute y'' tyme of kinge Edwai-de y' tliirde, seales became 
verye comon ; so that not only suche as bore ai-mes vsed y' seale, but other 
me fashioned to themselues signets of theu-e owiie deuice. Some takinge y' letters 
of theii-e owne names, some flowres, some knotts and flowrishes, some byrdes or 
beastes, or some other thinges, as now be helde daylye in vse. 

" Other maner of Sealinges diiferinge from those aboue mentioned, 

as foUoweth : — 
" Some other manors of sealinge besids these have bene hai-de of amongst vs, a.s 
namely, that of kinge Edwarde y= thyi-de, by w"' he gave vnto Norma y° Hunter, 
y' Hop et y' Hopto^v^le, w"' all ye boundes vsiddowne, and in A^itnesse it was soothe. 
He byt y' waxe w"' liis fore Toothe. 

" Tlie like was William y" conqueroirrr. 

" I Willia kinge geve to thee, Powsen Roydeu, my Hope et my hope 
" Landes, w"" y' boundes A-p and downe, from heaven to earthe, 
" from earthe to hell, for thee et thyne to dwelle, from me and 
" myne to thee et thyne, for a bo we and a broade arrowe when I come 
" to hunt vpo yaiTOW ; in Avitnesse this is his soothe, I byt this waxe 
" Av"" my toothe, in the presence of Magg. Mawde and Margary, 
" and of my thii'de sonne Henry." 



(Counti? ^3alntine of ilanrasitfr. 195 

" Another forme is, that of Aherii-ke de Veer conteyiiinge y' donation of chap. 

Hatfielde, to y' w"'' lie affixed a short black hafted knife, like to an olde halfpenny 

whyttell, in steede of a seale, w"' dyueres snche like. 

" Some phappes will thinke that these latter were receaued in comon vse and 
custome, and that they were not rather deuices and pleasures of a fewe singular 
psoimes. Suche are no lesse deceaued the they that deeme euery charter that 
hathe no seale annexed to be as aunciente as y' conquest ; wheras in deede sealinge 
was not comonly vsed, vntyl y' tyme of kinge Edwarde y' thii-de." 

From the institution of the duchy of Lancaster, seals were, no doubt, in use, and 
the words, " The seal hitherto used," m the act above quoted, serves to prove that it 
was not now introduced for the first time. 

In the British Museum* there is a manuscript entitled " Ducatus Lancastriae," 
on the subject of the honors and dignities of the dukedom of Lancaster, written in 
the age of Elizabeth, and attributed to Sii- William Fleetwood, recorder of London, 
one of the worthies of Lancasliii'e, wliich supplies an hiatus in the early period of 
the history of the Honor of Lancaster, wherein the learned civilian scrutinizes the 
claims of Edmund Crouchback, to the title of Earl of Lancaster, Avith as little 
ceremony as he was accustomed to use in scrutinizing the representations of the 
suitors in the recorder's court. 

« DUCATUS LANCASTRI^. 

" Hitherto I have trauelled to declare, how Lancaster is an antieut Honor, and Honors 
the rather for that the Dukedome of Lancaster is made and incorporated of a num- nities be- 
ber of honors. Tliis sunple DiscoATse may serue for a declaration of all y^ honors conq^uest. 
belonging to y' same ; and fiulher, y' honors were dignities before the conquest, wee 
may gather y" same to bee soe by the agi'eement y' Avas made betweene King 
Stephen and Henry Duke of Normandy, sonne to Maude j' Empresse, for succes- 
sion of the crowne. This Stephen was sonne to Adela, daughter to y conqueror. 
Thus much may suffice as soue'eign of the Honor of Lancaster. 

" How after y' death of K. Stephen, Henry Plantagenet, (filz de Empresse) 
was king of England, and how he had issue Heiny, Avhom bee croAAiied king in his 
life tyme ; and after Richai'd Cceur de Lyon, Geffiiey Duke of Brittaine, and after 
John, Counte Sanns Terre, and lastly, Isabella. Tliis Henry y" 2'' had greate 
discomfort of his cluldren ; for Henry, his second sonne, being croAvned King of 
this realme in his fathers life tyme, did take part w"' y" french king in open battaUe 
against his ovme father," &c. 

* Harl. Coll. No. 2077. 
2 c2 



196 €l)t lisitorj) of tftf 

CHAP. " Hemy, through greefe of myiid, departed tliis life ; Rich. Coeur de Lyon was 

^' crowned king, and did penance for his rebellion against liis father. The King 



How Lan- Richard did create John Counte Sanns Ten-e Earle of Lancaster, and tonne and 

held. ten-itory of Bristole, y Prouinces of Nottingham, Devonshii-e, and CornewaU, but 

alsoe w"' many other stately things. To bee short, tliis now earle of Lancaster, his 

sayd brother, kinge Richard, being in the holy land m the wan-es against y' 

enemies of Christ, did enjoye the crowne and kingdome very unnaturally, having 

been so lately aduanced to so great dignitie and yearly reuenues by his brother. 

Well, suche was the successe of tyme that he dyed withoute issue, and leaning 

yong Arthur- and liis sister, the cliildren of Jeffrey, liis next brother and heire. 

John neuerthelesse was crowned king of Englaude, whoe had issue Henry and 

Richard, besydes 4 daughters. Jolm dyeth, Henry, his eldest sonne, is crowned 

kino-. The w'" Henry gi-aunteth to his brother y' earledome of CornewaU. Hee 

gi-aunted vnto him gi-eate and ample possessions. Tliis king Henry did marry 

Helinor, y' daughter of Raymon, y' earle of Proumce. In y' 26"' yeare of y' 

kino- there came into England an auntieut noble man, Peirs of Savoi. This noble 

man fuit "vdr multo prudeutissimus quo Rex Henr 3. famUiai-iter est usus, hunc 

ppter gravitate prudentiamque rex himianiter accepit lumcque in consilio in rebus 

agendis. Vnto y' noble man did y' king [give] the whole earledome of Lancaster, 

pell of w'^'' earldome is y' Savoy, a place w"" out y° Bai-res of the new temple, London, 

y' w'"' in those dayes were knomi by y* name of a Vanaforia, and sithence hath 

bene named Manor Mori Templi, att this day, the Savoy, pcU of the possessions of 

y' dukedome of Lancaster ; y' sayd Pierce of Savoy did build him a liouse there, and 

did calle y' by y*" name of y" countrye from Avhenc hee came, vizi, y' Savoy ; y' 

Piers groweing into gi-eate Age, being earle of Lancaster, his heii-e being an alien 

borne, could not inheritt y" earldome of Lancaster for y' cause, y' did Escheate vnto 

y= king, as y' may appere by Magna Charta 31., and y' being vestid in y" crowne. 

Hereafter yo" shall [know or learn] how kinge Henry the 3'' disposed of y* same. 

King Henry hauing issue 6 sonnes and twoe daughters, vizi. John, Rich., W"'., 

Hem-y, whoe dyed w"' out issue, Edward y" prince, after king by succession, and 

likewise Edmund, surnamed Crouchebacke, of whom is descended y' famiiie and 

right no"' house of Lancaster. The names of liis daughters were Margi-ett queene 

of Scotts, and Beatrice dutchesse of Brittaine. The said king Henry y' 3^ ad exhal- 

tacolm sanguinis sin, did by liis Lores Patents, dated att Ljiicolne y' 8'*" daye of 

August, on y' 22'' yeai-e of his raigne, grante vnto his dearely beloved sonne 

Edmund honorem de Lancaster, cu olB ho. wardis releuijs Escaet redd et oilj 

alijs ad honor ptinent ad hend. sibi et haer suis de coi-pe suo Item pocr impptuu. 

The same king alsoe gi-aunted and confirmed vnto his sonne Edmund ad honor de 



Coimtp laalati'nt of Sniirastfr. 197 

Leycester, cum ollj lio. vt supra. Dat 17" Juuij, a" 55 regui sui p' liend sibi et chap. 
hsered. suis. '. — 

" Before I proceede any further I am to note in y' place, y' I haue not sett 
downe any manner of proofe or record, y' euer y' said Edmunde was created earle 
either of Lancaster or Leycester, therefore many one y' hath a quii-ke mil moue y' 
question vnto Avhomsoever shall hee good grace chancelor of y' Dutchie, how cometh 
it to passe, that Edmund Crouchehacke shoiUd he earle of Lancaster, and after earle 
of Leycester, and carry y' name and stUe and (hgnitie, and y' there is not any 
manner of record or proof extant y' euer hee was created either earle of Lancaster or 
Leycester ;* according to antient lawes of y' crowne vsed for y* creation of dukes, 
marquesses, and earles in y' behalf. For the truth is, y' if y' please her Ma"' to 
graunt vnto W™ Fleetwood, S'jeant att Lawe and Recorder of Loudon,! and his 
heii'es, euer y' honor of Tutbury, w"" y' appurtenances, by y' gi-ant y° said W"' is 
not a wliitt att all of better dignitie than hee was before, but yo" must weighe in 
your mynd y' there is a natural earle, and an earle artificiall, and earle artificiall is 
an earle created, fi-amed, made, ordeined by Lrs. Patents fi'om y" king, w"" y" cere- 
monie tlierevnto belonging ; but an earle natural is euermore a king's sonne, who, 
by his bii'tli right, is an earle borne by reason, y' by y' lawes of the crowne evly 
king's sonne is an earle borne, &c. 

" And as I said before of king John, whoe was named by y^ whoU world John 
Counte Sans Terre, vntil sometyme as y' pleased y" king Richard to gi-aunt liim y' 
aforesaid Honno"^ of Lane, and then hee was named earle of Lancaster, not by crea- 
tion but by bii'th right. Euen soe doe I say y' y" said Edmund Croucliebacke being a 
kings sonne, and alsoe a covnte Sans TeiTe vnto whom y'' king had [ad] Exlialtacom 
sanguis sui, first did grante y'^ sayd Honor of Leycester, and by those places hee 
was named y^ earle of Lancaster, A-izl. The earle of Lancaster and Leycester. 
Here alsoe may gi-owe a question, first, in w' countreyes y' said honors did extend, 
and then whether y^ whole dukedome of Lancaster did concist upon these honors ; 
yea or noe. Fii'st, the honor of Lancaster, as by Record y* doth appere, doth extend 
cheifly vnto Lane. Middlesex, Norf. Sufi". Lyncoln, Nottingham, Derby, Ebor. 
Rotell. and Staff, and into (Uuers other countries. 

" This Echnund Crouchehacke behig, as I said, y° 2* sonne of king Henry 
y' 3'^, and being alsoe aduanced to the aforesaid honors and dignities, had 2 sonnes, 
Thomas and Henry, and after dyed. Tliis Tho. erroniously attainted in Parliam' 

* No assertion can be more erroneous than this ; Prince Edmund was created earl of Leicester by 
letters patent, 49 Hen. III., and earl of Lancaster 51 Hen. III., both which patents are still extant. 

t The supposed author of this MS. 



V. 



198 €i)t i^isitory of tht 

CHAP, holden by K. E. f 2. by y' poUicie of Hugh Spencer y" father, and Hugh Spencer 
y' Sonne, and was putt to deathe at Pomfrett, but aftr y" deathe of Edward y' 2^ in 
a parliam' holden a° 1° E. 3, y^ said erronious judgem' was reuersed, and y' said 
earles doomes and possessions restored to y^ next heire, w'^'" was y' said Henry, 
brother of y'^ said Thomas, wliereby y' king, botli earle of Lane, and Leycester. 
His issue, whoe, by lineal descent, was not only earle of Lane, and Leycester, butt 
alsoe Heritor to cUuers other earldomes, honors, manors, and dominions, y w"'' to 
recite were too long. The said Henry was afterwards created duke of Lancas- 
ter, by king E. y' S"*. The said Henry then created Duke of Lancaster, had 
issue one onlie daughter named Blanch, was afterwards mai-ried to John of Gant, 
by means whereof y* said John was created Duke of Lane, and by y" assent 
of y" lady Blanch liis wife, all y' possessions of y' said dukedome, by circumstance 
of lawe, were lawfully conueyed to the said John Duke of Lancaster and y^ said 
Lady Blanch, and to y' heii-es of y" body of y' said John Duke of Lane, lawefully 
begotten, after w""" y° said John Duke of Lane, had issue of y° said Blanch, Henry 
of Bullingbrooke, whoe was afterwards king by name of H. y" 4"', wlioe had 
issue H. 5. H. y' 5"' had issue King H. y° 6"', founder of Eton College, neai'e 
Windsor, and also founder of y' Kings college, Cambridge, w'"" H. y° the 6"" had 
issue, after whose death y" right and title of y' said Dukedome by force of j' said 
Eutaille, vnto John Earle of Somersett, sonne of y^ said John Earle of Lane, begot- 
ten of Katherine Swineford, y' 3* wife of y* Duke of Lane, w"'" John earle of Somer- 
sett had issue Margi-ett, y* countesse of Richmond and Derby, w'*" Margrett had 
issue H. j' 7"", who married Elizabeth, y* eldest daughter of Edward y' 4"', by 
whom he had issue K. H. y* 8'\ who had issue oure Soueraigne lady y" Queene 
Elizabeth, in whose sacred person are conteyned y" twoe houses of Lancaster and 
Yorke. 

" Here in tliis place it is my intention to sett downe what became of y" Duke- 
dome of Lancaster, and of all Franchises thereunto belonging att y'^ instant when 
Henry y'^ BuUingbrooke did take up the kingdome of England, so y' I see y' y^ lawe 
is cleere y' y° said Dukedome and dignitie, and all y° preleminaries as well m 
name as in stUe and title to all intents and purposes were extinguished and deter- 
mined, and then y' was not further a dukedome of Lancaster, but y' was refoi-med 
to one." 



Counti) |3alatmc of 2.anra5trr. 



199 



Creation of the county palatine. — Dr. Kuerden's letter on its antiquity. — Reasons for conferring the 
palatine privileges. — Form of legal processes in the county. — Mode of electing the sheriff. — 
List of sheriffs from the earliest records to the present time. — Violation of the liberty and pro- 
perty of the subject. — Ancient petition to parliament. — Punishment of outlaws. — Prohibition of 
liveries. — Exigent.— Appointment of sheriff during the civil wars. — His oath. — Courts of the 
county palatine. — Ecclesiastical courts. — Synopsis. — Description of the various courts. — Con- 
templated removal of the assizes. — Ancient indictment of the high sheriff. — Inferior courts of 
the county palatine. — Public records of the county palatine, civil and ecclesiastical. 




LOSELY connected witli tlie duchy of Lancaster 
are the courts and pri\Tileges of tlie county palatine. 
Upon the subject of the palatinate privileges, Selden 
observes, " that the counties of Chester and Durham 
are such by prescription or immemorial custom, or, at 
least, as old as the Norman conquest ; but tliat 
Lancashire, as a palatine county, is of more modern 
date, and was so created by Edward IIL after it 
became a duchy, in favour of Henry Plantagenet, 
first earl and then duke of Lancaster, Avliose heiress being married to John of Gaunt, 
the king's son, the franchise was greatly enlarged and confirmed in parliament, to 
honour John of Gaunt himself, whom, on the deatli of his father-in-law, the king 
had also created Duke of Lancaster."* 

Upon this subject, the authorities are conflicting : Lancashire appears to have 
enjoyed palatine jurisdiction under earl Morcar, before the Nonnan conquest ; but 
after that event, which changed the whole frame of society, these privileges remained 
in abeyance tUl they Avere partially revived in the early part of the twelfth century, and 
fully confirmed in the time of " the good duke of Lancaster," and of Jolm of Gaunt. 
Tlie folloAving original letter from Dr. " Kuerden, in his own hand," to his 
brother, both in law and in pursuits, Mr. Randle Holme, is found in the Harleiau 
Collection in the Britisli Museum :t 

* Tit. Honour, part ii. sec. 8. p. 677. t Cod. 2,042. 



CHAP. 
VI. 

Creation 
of the 
county pa- 
latine. 



Henry 

Plantau;e- 
net. 



200 Wi)t llSitOip of t\)t 

CHAP. " Brother Hulme, " Preston, 20'" Jan. 1664. 

^' " Being so unfortunate in my necessitous occasions as not being permitted to 

visit you at Chester, I could do no less than salute you by my friend, Mr. King, who 
is to be in your city at 1 2 of tliis Instant, at Mr. Greg's, as I conceive. I hope my 
sister Holme and your little ones are all in good health. I desbe, if your leisure 
•will permit, to send me by this bearer, my townsman, what you have of CoU. Wor- 
den's descent, and likewise an old role or bundle of transcripts I left Anth you long 
agoe, concerning Fazakerley and Walton lands nere Liverpoole. Mr. To^vnly and 
myseK are in hott pursuit of our coutryes aifaires, and in retriuing the glory of our 
Palatinate out of monumetal ashes, and are able by tliis time to prove our county a 
Dr. Kuer- Palatinate Jurischction under Rog. Pictavensis, before the gi-and survey of Dooms- 
county ^ day's Record in y' Echq' and forfeted before that time, restored again in WiH the 
pa a me. gg^j^^^pg \{^q^ forfeited againe by Pictavensis at the battell of Teuerchbuy, in the 
beginning of Hemy the first, bestowed then on Stephen before he was king, and 
continuated for his reigne in his son, W. Comes Bolomse et Moritoniae, till about the 
5"" of Richard the first, then giuen to J° Earl Moreton, afterwards to P. of Savoy, 
and by Henry 3'' confened on Echnund Crouchback, our fu'st earl by charter, though 
some of these latter had not their Jura Regalia as at first. S", I am troublesome in 
tliis discourse, and, therefore, in hast shal rest and subscribe, 

" Your Brother, " Ric. Kuerdc. 

" For M' Handle Holme, over against the Twoo Churches, in Chester, Thes." 

County Counties palatine are so called a palatio, because the owners thereof, the earl of 

pa atme. (^j^gg^^^.^ ^^^ bisliop of Durham, and the duke of Lancaster, had in those counties jwra 
regalia as fully as the king had in his palace ; regalem potestatem in omnibus* The 
peculiar jurisdiction and form of proceedings of the courts of law, in the county 
palatine of Lancaster, are the result of those privileges which were gi-anted to its 
Reason early earls and dukes, to induce them to be more than ordinarily watchful against 
granted, the predatory incursions from the Scotch border, and to prevent their tenants fi-om 
leaving the territory defenceless and exposed to hostile aggressions, while seeking 
redress at the more distant tribunals of the realm.f Law was to be adminis- 
tered by the officers and ministers of the duke, and under his seal, and anciently 

* Bracton, lib. iii. c. 8. sec. 4. 
t Upon this account there were formerly two other counties palatine, border counties, as they 
were called, Pembrokeshire and Hexhamshire; the latter now united with Northumberland; but these 
were abolished by parliament; the former, 27 Henry VIII. ; the latter, 14 Elizabeth. By the first 
mentioned of these acts, the powers of owners of counties palatine were much abridged, the reason for 
their continuance having in a manner ceased, though still all writs are witnessed in their names, and 
all forfeitures for treason by the common law accrue to them. 



CoiintP t^tilatiiif of ^Lanrastrr, 201 

all offences were said to be against his peace, liis sword and dignity, and not chai'. 

as now " against the peace of om- lord the king, his crown and dignity." '. 

Tlie king's orilinary writs for redi-ess of private grievances, or the punishment of 
offences between man and man, were not available within the county palatine, sucli 
AVTits then ran in the name of the duke; but in matters between the king and the 
subject, tlie palatine privileges could not contravene tlie exercise of tlie sovereign 
power, and the prerogative Avrits were of force, lest injuries to the state should be Form of 
remediless. Since 27 Henry VIII. all ^viits have run in the name of the king, and cess in the 
axe tes'd before the owner of the franchise. Hence it is that all ordinary ^lits palatine of 
out of the king's court at Westminster, for service in tliis county, are adtb'essed to the 
cliancellor of the duchy, commanding lum to chrect the sheriff to execute them, and 
that all processes to that officer, out of the chancery of the county palatine, are not 
tes'd before the king or his justices at Westminster, as iu other counties. The 
franchise and revenue of the duchy being under (Ufferent guiding and governance 
from those of the crown, all honours and immunities and all redress mthin this 
county, Anth very few exceptions, must be derived from the chancellor of the duchy, 
as the principal minister of the Idng, in his capacity of duke of Lancaster. Justices 
of assize, of gaol delivery, and of the peace, are, and, ever since the creation of the 
county palatme of Lancaster, have been made and assigned by cormnission, under the 
seal of the coimty palatine,* and the sheriffs for tlie county of Lancaster are 
appointed in the same way. The election of sheriff for tliis county palatine, in 1824, 
fonned an exception to the general rule. The practice is to date the vrvit before liis 
majesty, " at Ids palace at Westminster;" but on this occasion, when John Entwistle, 
Esq. of Foxholes, was appointed, that dociunent was dated from " the palace of 28 Ed. i. 
Brighton." Anciently slieriffs, like coroners, were chosen by the freeholders;! but 9 Ed. ii. 
popular elections gro'ning tumultuous, this practice was abolished. 

Tlie choice of the sheriffs in the palatine counties is conducted hi a different Sherins of 
manner from that of the choice of these officers in the other counties of the kingdom, shire. 
The usual mode of election is for the judges, having met in the exchequer chamber 
on the morrow of St. Martin, to return for each of the counties, not palatine, the 
names of three persons, residents in each county, to the king — and for the king, mtli 
a small instrument, to prick the name of one of the three, usually the first upon the 
list, as sheriff. But for the county of Lancaster, tlie chancellor of the duchy selects 
the three names, wjiich he sulimits to the king, as duke of Lancaster, usually on 
some day between the 1st and the 20th of February in each yeai-; and the king 
chooses one of the three, generally that at the head of the list. In the early 
periods of British history, the sheriffs continued iu office for a number of years, 
* Coke's 4th Institute, p. 205. t Coke's 2d Institute, p. 174. 

VOL. I. 2d 



202 



Wl)t fMsitorp of ti)t 



CHAP. 
VI. 



High 
sheriffs 
of Lanca- 
shire. 



as will be seen in the folloM-ing list, and some for the whole term of theii- life ; but 
since the twenty-eighth Edward III. tlie office can only be held legally for one yeai-. 
Nor was it unusual in early times to elect to tliis office the most exalted peers of the 
realm. Before the Conquest, the county of Lancaster, ^ith some other jurisdictions, 
Avere committed to the Comes Northiunbriae, in the large sense, and sometimes to the 
Comes Deii-ae, being the more southern part of that kingdom or province. The last 
of these comites in the Saxon times were earls Tosti and Morcar, whose possessions 
are noted in Domesday Book. 

The following list is compiled from the manuscripts of Mr. Hopkinson, compai-ed 
by the late Mattliew Gregson, Esq. with that of the late George Kenyon, Esq. which 
we have collated with and corrected fi-om a MS. (No. 259.) in the British Museum, 
indorsed, " Nomina Vicecomitum coUecta ex Rotulis Pellium recepta apud West- 
monasterium. De Tennins MichaeUs, anno piimo Regis Edwardi piimi." 

SHERIFFS OF LANCASHIRE, 

FROM THE EARLIEST RECORDS TO THE PRESENT TIME. 





Norman Linje. 


1177. 


Robt. fil. Bernardi. Rad. fil. Bernard. 




Will. H. 


1178 ■ 


) 


1087. 


Galfridus was sheriff, and the onlj' 


to 


\ Radulphus fil. Bernardi. 




one named until 1156. Probably 


1183. 


j 




the person called Goisfrid in the 


1184.' 


Gilbert Pipard and Hugo. 




Domesday Survey. " Inter Rip a 




Gilbert Pipard, 




7 Mersham."* 


1185. 


Frater ejus pro eo. Alan Valans. 




Plantagjenet of Anjou. 


86. 


Gilbertus Pipard and Petrus frater 




Henry II. 




ejus pro eo. Gilbert. Pipard. 


1156. 


Rad. Vigot, for four 1/ ears. 


87. 


Gilbertus Pipard and Petrus. 


1160. 


Robt. de Montaltop, for three years. 


88. 


Gilbertus Pipard. 


63. 


Hugh de Owra. 




Richard I. 


64. 


Galfr. de Valoniis. 


1189. 


Gilbertus Pipard. 


1165. 


Galfridus de Valoniis. 


1190. 


Henry de Cornhill. 


66. 


William Vesci. 


91. 


Idem. 


67. 


Willielmus de Vescye. 


92. 


Rad. de Cornhill. 


68. 


Rogerus de Herlebeck. Herlebergo. 


93. 


Idem. 


1170. 


Idem. 


94. 


Theobald Walter and Wm. Rad- 


71. 


Herlebeck. 




cliffe pro eo, Theobald Walter. 


72. 


Rad. fil. Bernard 


95. 


Idem Theobald and Bendictus Gar- 


73. 


Idem. 




net pro eo. 


74. 


Rad. fil. Bernardi. Rad. de Glanvill. 


96. 


Idem. idem. 


75. 


Radulphus fil. Bernardi. 


1197. 


Idem Theobald and Robertus Va- 


76. 


Radulphus fil. Bernardi. 




vasor pro eo. 




* See chap. 


iii. p. 100. 



Countp ^alatinr of ilanrneitfr. 



203 



1198. Theobald Walter and Nicholas Pin- 
cerna pro eo. 



1199. 
1200. 

1. 
2. 

3. 

1206. 



1206. 



1207. 



i 



John. 

Theobald Walter. 
Rob. de Tattershall. 

Rob. de Toteshal. 

Ricardus Vernon. 



8. 



1209 

to 

1216, 



/'Roger Lacy. Cons Cest. Robt. 
y Walensis, Rich. Vernon. 
J William Vernon. Gilbertus fil. 
V_ Roger and Rich. 

Idem. Roger, Walter Marshall, Gil- 
bertus fil. Reynfridi. 
Adam fil. Roger pro eo. 

Roger Lascy. 
Roger Lacy, Robert Wallensis, 
Gilbert fil. Reynfridi, Adam fil. 
Rogrio pro eo. 
Gilbert fil. Reynfridi and Adam fil. 
Rog. pro eo. 

Gilbert fil. Reinford. 
r Idem. Gilbert and Adam, durante 



i 



vita Jobs, regis. 
Idem. 



1216. 
17. 

18. 

1223. 

24. 



25. 



26. 



Henry IH. 

R. Comes Cestra. 

RamUfus Comes Cestra and Jor- 

danus fil. 
Idem. Ranulfus and Jordanus, for 

five years the same. 
Idem. Ranulfus and Jordanus. 

William Ferrars Comes. 
Idem. Ranulfus and Jordanus, and 

Will. Ferrars Comes. 
Robertus Montjoy pro eo. 
Idem. Wills, and Roberts. Custos 

pro eo. 
Idem. Willielmus, and Gerardus 

Etwell pro eo. 



1227. 

28. 

1233. 

34. 

35. 
36. 

37. 

43. 

44. 
45. 

46. 

47., 
48. 

49. 

1256. 

59. 

1260. 

61. 

62. 
63. 

12/2. 



CHAP. 
VI. 



of Lanca 
shire. 



Adam de Eland, Cust. pro Will. com. 

Adam de Yeland. ____ 

Idem, (same person appointed five High 
years more, Eland of Ebor.) 

Johannes Byron Mills, Will, de Lan- 
caster. Other accounts say, Wil- 
liam de Lancaster only. 

Gilbert Westby pro eo. 

William Lancaster, et Simo de 
Thornton, pro eo. 

Idem, Willielmus et Simo. 

Robertus de Latham, idem Will, and 
Simo pro eo. 

Same William and Simeon for six 
years. 

William Lancaster et Richard But- 
ler pro eo. 

Willielmus Lancaster. 

Idem. William and Matthew Red- 
main. 

■ Idem. 

Idem. Mathews and Robert Latham, 

half-year. 
Robert Latham. 
Ditto, for seven years further. 

■ Patricius de Ulvesby, for three years. 
' Ult. an junct. Will, de Pincerna de 

Bewsey. 

Patricius de Ulvesby. 
Galf. de Chetham ut Firmarius. 
Idem. Galfridus for two years. 
Idem. Galf. Radulus Dacre and 

Gal. de Chetham, half-year. 
Idem, Galf. and Adam de Montalto. 
Idem, Adam and Robert de Latham. 

Adam de Montalto. 
Randulphus Dacre. 



Saxon Line restored. 
Edward I. Rex. 

73. Thos. Travers. 

74. William Gentyl. 



204 



€i)t 5}igtorj) of tftc 



CH.\l>. 
VI. 

High 
sherili's 
of Lanca- 
shire. 



12/5. 

76. 
77. 
78. 
79. 
1280. 
81. 
82. 
83. 
84.- 
85.. 
86. 

87. 
88. 
89. 
1290. 
91. 
92. 



1292 

to 

1298. 

99. 



I 



1300. 
1. 
2. 



Ramilphiis de Daker. 

Nichus (le Le. 

Henry de Lea, or, Hen. dii Lee. 

Gilbert de Clifton. 

Rog. de Lancaster. 

Ractus de Montjoy. 

Thomas Banester. 

Rich, de Hoghton. 

Thos. de Lancaster. 

Henry de Lea. 

Robert Latham and Gilbert Clifton 
pro eo. or, Gilbert Clifton alone. 

Gilbert Clifton. 

Robert de Leyborne. 

Gilbert Clifton. 

Roger de Lancaster. 

Radus Montjoy. 

Richard Hoghton and Rads. de 
Montegaudeo, or Montjoy. 

Idem Radulphus Montegaudeo, or 
Montjoy. 

Edmund Comes Lancaster and 

Richard Hoghton pro eo. 
Thomas Lancaster, by inheritance 

with Rich. Hoghton. 
Richard Hoghton for two years. 
Thos. Travers and Richard Hoghton. 
Thos. Travers. 

Edward H. 



1303 ) 

to 'Thos. Earl of Lancaster. 
1306. j 

1309. Willielmus Gentyl. 
10. Thos. Earl of Lancaster. 



1) 
VRic 



131 

to VRichard de Bickerstath. 
1320. j 

21. Gilbertus South worth. 

Wm. le Gentyl. 
23. John d' Arcy. 



1328. 

29. 
1330. 

31. 

32. 
1333. 

34. 

35. 
1339. 

40. 

44. 

45. 

48. 
1355. 

58. 

59. 
13(50. 

63. 



Edward HI. 

Wm. Gentyl. 

Joftes de Hambury. 

Johes de Burghton. 

Johes de Hambury and Galfrus de 

Warburton. 
Johes de Denon. 

y Robertus Foucher, others Toucher. 
Willielmus Clapham. 

^1 



1371 

1375 
1376 



Robertus Radcliffe, of Ordsall. 

Stephanus Ireton. 

Johes le Blount. 

Johannes Cockayne. 

Ricardus Radcliffe. 

Willielmus Radcliffe. 

Johannes Ipree. 

Willielmus Radcliffe. 

Johannes Ipree, vice-sheriff, (no 

sheriff's name found.) 
Galfrus de Chetham. 



175.7 

76. S 



Richard Townley. 

Richard II. 
1377- Richard Townley. 

78. Thos. de Bobbeham. 

79. Nicholas Harrington, for six years. 
1385. Rads. Radcliffe, for three years. 

89. Robertus Standish. 
1392. Rads. Standish, miles. 
93. Johannes Butler de Rawcliffe, miles, 

for two years more. 
97. Ricardus Mollineux. 

HoDSE OF Lancaster. 

Henry IV. 

1400. Thomas Gerard. 
1. Johannes Butler. 

4. Johannes Butler. 

5. Radulfus Radcliffe. 



Coimti) ^3alatiue of aanrastfi*. 



205 



1406. 

7. 

1410. 

11. 

12. 

13. 

14. 

15. 
18. 
19. 
1420. 
21. 

23. 

27. 

29. 
1441. 

42. 
1459. 



Radulfus Radcliffe, miles. 
Johannes Bold. 
Johannes Bold, miles. 

Radulfus Stanley, miles. 

Henry V. 

Rads. Stanley, miles, and Nicholas 

Longford. 
William Bradshaw 

Longford. 

Robertas Urswick, 



and Robert 



7 

s 

Robertus Lawrence. 

> Ricardus Radcliffe. 

Henry VI. 

Ricardus Radcliffe, for three years, 

> Robertus Lawrence. 

i Johannes Byron, Knt. 
Nichus Byron. 

House of York. 



Edward IV. 
1462. Johannes Broughton. 

^'\ Thomas Pilkington. 

65. > 

66. Robtus Urswick, miles. 
1473. Thos. Pilkington, arm. 

76. Thos. Molineux, arm. 
1482. Thos. Pilkington, miles. 

Union of York and Lancaster. 
Henry VH. 



1501 
8, 



■ > Edward Stanley, miles. 

■ J 



House of Tudor. 

Henry VIII. 

12. Edwardus Stanley, miles. 

14. Idem, Postea Dom. Monteagle. 



1520.7 o , 

ryj > Edwardus Stanley. 

28. Alex. Osbaldeston, miles. 

1532. Johes Townley, miles. 

42. Thos. Southworth miles. 

46. Alex. Radcliffe, miles. 



CHAT. 
VI. 

High 
sherifls 
of Lanca- 
shire. 



Edward VI. 

47. Alexander Radcliffe, miles. 

Richard Radcliffe. 

48. Thomas Gerrard, miles. 

49. Robert Worsley, miles. 

T. Gerrard. 
1550. Peter Legh, miles. 

R. Worsley, miles. 

51. John Atherton, miles. 

Peter Leigh de Lime, mil. John 
Atherton. 

52. Thomas Talbot, miles. 

53. Thomas Gerrard, miles. 

Mary. 

1554. Marmaduke Tunstall, mil. 

55. John Atherton, miles. 

56. Thomas Langton, miles. 

57. Edmund Trafford, miles. 

58. Thomas Gerrard, miles. 

Elizabeth. 

59. John Talbot, Esq. 
1560. Robert Worseley, Knt. 

61. John Atherton, Knt. 

62. John Southworth, Knt. 

63. Thomas Hesketh, Knt. 

64. Thomas Hoghton, Esq. 

65. Edmund Trafford. 

66. Richard Molineux, Knt. 

67. Thomas Langton, Knt. 

68. Edward Holland, Esq. 

69. John Preston, Esq. of the Manor. 
1570. Thomas Butler, Esq. 

71. Edmund Trafford, Esq. 



206 



€l)t il^isitorp of ti)t 



CHAP. 
VI. 

High 
shcrifls 
of Lanca- 
shire. 



1572. 


John Byron, Esq. 


1607. 


73. 


Richard Holland, Esq. 


8. 


74. 


William Booth, Esq. 


9. 


75. 


Francis Holt, Esq. 


1610. 


76. 


Richard Bold, Esq. 




77 


Robert Dalton, Esq. 


11. 


78. 


John Fleetwood, Esq. 


12. 


79. 


Ralfe Ashton, Esq. 


13. 


1580. 


Edmund Trafford, Knt. 




81. 


John Birom, Knt. 


14. 


82. 


Richard Holland, Esq. 




83. 


John Atherton, Esq. 


15. 


84. 


Edmund Trafford. 

Thomas Preston. 


16. 


85. 


Thomas Preston, Esq. Richard 


17. 




Asheton, Esq. 


18. 


86. 


Richard Asheton, Richard Bold, 


19. 




Esqs. 


1620. 


87. 


John Fleetwood, Esq. 




88. 


Thomas Talbot, of Bashall, Esq. 


21. 


89. 


Richard Molineux, Knt. 


22. 


1590. 


Richard Bold, Esq. 


23. 


91. 


James Asheton, Esq. 


24. 


92. 


Edward Fitton, Esq. 




93. 


Richard Asheton, Esq. 




94. 


Ralph Ashton, Esq. 


1625. 


95. 


Thomas Talbot, Esq. 


26. 


96. 


Richard Holland, Esq. 


27. 


97. 


Richard Molyneux, Knt. 


28. 


98. 


Richard Asheton, Esq. 


29. 


99. 


Richard Hoghton, Knt. 


1630. 


1600. 


Robert Hesketh, Esq. 


31. 


1601. 


Cuthbert Halsall, Esq. 


32. 


2. 


Edmund Trafford, Knt. 


33. 



House of Stu-\rt. 

James I. 
1603 John Ireland, Esq. 
4. Nicholas Moseley, Knt. 
5 Ralph Barton, Esq. Rand. Barton, 

Esq. 
6. Edmund Fleetwood, Esq. 



34. 
35. 

36. 

37. 

38 

39. 

1640. 



Richard Ashton, Knt. 
Robert Hesketh, Esq. 
Edmund Trafford, Knt. 
Roger Nowell, Esq. 

Roger A. Nowell, Esq. 
John Fleming, Esq. 
Cuthbert Halsall, Knt. 
Robert Bindloss, Esq. 

RobertBinloss. A. Berwick, Esq. 
Richard Sherborne, Esq. 

Rich. Sherburne, Stonyhurst. 
Edmund Stanley, Esq. 
Rowland Moseley, Esq. 

Robert Moseley. 
Edmiuul Trafford, Knt. 
Richard Shuttleworth, Esq. 
John Holt, Esq. 
Leonard Ashawe, Esq. 

Leonard Ashall, or Ashow. 
Edmund Moore, Esq. 
Gilbert Ireland, Esq. 
Sir George Booth, Knt. and Baronet. 
Sir Rafe Asheton, Baronet. 

Charles I. 
Richard (or Edward) Holland, Esq. 
Roger Kirkby, Esq. 
Sir Edward Stanley, Baronet. 
Edmund Ashton, Esq. 
Edward Rawsthorne, Esq. 
Thomas Hesketh, Esq. 
Richard Bold, Esq. 
Nicholas (or Richard) Townley, Esq. 
Rafe Ashton, Esq. 
Ralph Standish, Esq. 
Humfry Chetham, Esq. (Benefac- 
tor) Manchester. 
William Farrington, Esq. 
Richard Shuttleworth, Esq. 
Roger Kirkby, Esq. 
Sir Edward Stanley, Baronet. 
Robert Holt, Esq. or Ri. Holt. 



Countp ^alatutr of Sanrastrr. 



207 



1 64 1 . Peter Egerton , Esq. 

42. John Girlington, Knt. 

43. Gilbert Hoghton, Esq. 

44. 

45 

46 

47- 






John Bradshavv, Esq. 



1648. 



49. 



C0MM0NWEAI.TH. 

Gilbert Ireland, Knt. until May 
1649. 

John Hartley, of Strangeways, gen- 
tleman, until December 1649. 



1674. 
75. 
7G. 

77- 

78. 

79. 

1680. 

81. 
82. 
83. 
84. 



1650. 


Edward Hopvvood,of Hopwood,Esq. 




51. 


Henry Wrigley, gentleman. Cham- 


1685. 




ber Hall. A. Wrigley. 


86. 


52. 


Alexander Barlow, of Barlow, Esq. 




53. 


John Parker, of Entwistle, Esq. 


88. 


54. 


Peter Bold, of Bold, Esq. 




1655. 


John Atherton, of Chowbent, Esq. 




56. 


John Starkie, of Huntroyd, Esq. 




57. 


Hugh Cooper, of Chorley, Esq. 


1689. 


58. 


Robert Bindloss, Esq. 


1690. 


59. 


Sir Richard Hoghton, Baronet. 


91. 




Restoration. 


92. 




Charles H. 


93. 


1660. 


George Chetham, Esq. 


94. 


61. 
62. 


> Sir George Middleton Baronet. 


95. 

96. 


63. 


J. Girlington, Esq. 


97. 


64. 


Thomas Preston, Esq. 


98. 


65. 
66. 


> William Spencer, Esq. two years. 


99. 


67. 


John Arden, Esq. 


1700. 


68.7 Thomas Greenhalgh, Brandlesome, 




69. 


> Esq. 


1. 


70. 


Christopher Banister, Esq. 




71. 


Henry Slater, Knt. 




72. 

73. 


> Sir Robert Bindloss, Baronet. 


1702. 
3. 



Peter Brooks, Knt. 

Alexander Butterworth, Esq. 

Idem. Alexander Rigbj', Esq. 

Alexander Rigby, Esq. 

Idem, of Layton. 

Sir Roger Bradshaw, Baronet. 

William Johnson, Esq. of Rishton 

Grange. William Sjiencer. 
Lawrence Rosthorn, Esq. 
Idem. Thomas Leigh, Esq. 
Thomas Leigh, jun. Esq. 
Idem. Peter Shakerley, Esq. 

James II. 

Peter Shakerley. 

William Spencer, Esq. two years. 

Peter Shakerley. 
Thomas Richardson, of Rawnhead, 

nominated, but not sworn in. 

William and Mary. 

Jas. Birch, Esq. 

Peter Bold, Esq. Alexander Rigby. 

Alexander Rigby, Esq. Layton, 
Lindley. 

Francis Livey, Esq. Lindley. Tho- 
mas Rigby. 

Thomas Rigby, Esq. 

Thomas Ashurst, of Ashurst, Esq. 

Richard Spencer, Esq. 

Thomas Norris, Esq. 

Roger Manwaring, Esq. 

Wm. West, Esq. 

Robert Duckenfield, Esq. Thomas 
Rigby, of Middleton. 

Thomas Rigby, Esq. Hulm, of 
Davy Hulme. 

William Hulm, Esq. 

Anne. 
Roger Nowel, of Read, Esq. 
Peter Egerton, of Shaw, Esq, 



CHAP. 
VI. 

HiRh 

sheriffs 
of Lanca- 
shire. 



208 



Cf)f %}i&toiv of tfif 



CHAP. 
VI. 

High 
sheriffs 
of Lanca- 
shire. 



1704. 



1705. 
6. 



7. 
8. 
9. 



1710. 
11. 

12. 
13. 

14. 



1715. 
16. 

17. 
18. 

19. 
1720. 

21. 
22. 
23. 

24. 

1725. 

26. 



1727. 

28. 



George Birch, of Birch Hall, Esq. 1729. 
Succeeded by his brother, Tho- 
mas Birch. 1730. 

Richard Spencer, of Preston, Esq. 31. 

Christojjher Dauntesey, of Agecroft. 32. 

Edmund Cole, of Lancaster and Cote. 33. 

Miles Sandes, of Graythwaite, Esq. 

Roger Kirkby (ob. this year). Sue- 34. 

ceeded by Alexander Hesketh. 35. 
Esq. 

Roger Parker, of Extwisle, Esq. 36. 

Sir Thomas Standish, of Duxbury, 

Bart. 37. 

Wm. Rawsthorne, of Preston, Esq. 38. 

Richard Valantine, of Preston and 39. 
Bentclift'e, Esq. 

William Farrington, of Werden, Esq. 1 740. 

41. 

House of Brunswick. 42. 

43. 

George I. 44. 

Jonathan Blackburne, of Orford, Esq. 45. 

Thomas Crisp, Esq. Wigan and 

Parbold. 46. 

Samuel Crooke, of Crooke, Esq. 47. 

Richard Norris, of Liverpool and 48. 

Speke, Esq. 49. 

Thomas Stanley, of Clithero, Esq. 1750. 

Robert Mavvdesley, of Mawdesley, 51. 

Esq. 52. 

Benjamin Hoghton, Esq. 

Benjamin Gregg,Esq. Chamber Hall. 53. 

Sir Edward Stanley, of Bickersteth, 54. 

Bart. 55. 

William Tatham, Esq. Over Hall. 

Miles Sandys, of Graithwait, Esq. 56. 

Edmund Hopwood, of Hopwood, 57. 

Esq. 58. 
George H. 

Dr. Daniel Wilson, of Dalham Tower. 59. 

Joseph Yates, of Peel, near Man- 
chester, Esq. 1760. 



William Greenhalgh, of Myerscough, 

Esq. 
James Chetham, of Smedley, Esq. 
William Leigh, of West Houghton. 
John Parker, of Breightmet, Esq. 
John Greaves, of Kilshaw, Esq. or 

Culchith. 
Dr. Bushel, of Preston, M.D. 
Arthur Hambleton, of Liverpool, 

Esq. 
Darcey Lever, of Alkrington, Knt. 

LL.D. 
Thos. Horton, of Chadderton, Esq. 
Samuel Chetham, of Castleton, Esq. 
Sir Ralph Asheton, of Middleton, 

Bart. 
Roger Hesketh, of Meols, Esq. 
Robert Diickenfield, of Manchester. 
Robert Bankes, of Winstanley. 
John Blackburne, of Orford, Esq. 
Robert Radcliffe, of Toxdenton,Esq. 
Daniel Willis, of Red Hall, Esij. 

(now Halstenliead.) 
William Shaw, of Preston, Esq. 
Sam. Birche, of Ardwicke, Esq. 
Geo. Clarke, of Hyde, Esq. 
Rigby Molineux, of Preston, Esq. 
Charles Stanley, Esq. Cross Hall. 
James Fenton, of Lancaster, Esq. 
Richard Townley, jun. of Belfield, 

Esq. 
John Bradshaw, of Manchester, Esq. 
Thomas Hesketh, of Rufford, Esq. 
Thomas Jolmson, of Manchester, 

Esq. 
James Barton, of Penwortham, Esq. 
James Bailey, of Withington, Esq. 
Robert Gibson, of Myerscough 

Planks, Esq. 
Edward Whitehead, of Claughton, 

Esq. 
Sanmel Hilton, of Pennington, Escj. 



Countp ^Salatuif of aanrnstfr. 



209 



George III. I788. 

I76I. Sir William Farington, of Shawe 

Hall, Kilt. 89. 

62. Thomas Braddle, of Conishead, Esq. 1790. 

63. Thomas Blackburne, of Hale, Esq. 

64. Sir William Horton, of Chaderton, 91. 

Bart. 92. 

65. John Walmesley, of Wigan, Esq. 

66. Edward Gregg, of Chamber Hall, 93. 

Esq. 

67. Alexander Butler, of Kirkland, Esq. 94. 

68. Thomas Butterworth Baylej^, of 

Hope, Esq. 95. 

69. Doming Rasbotham, of Birch House, 

Esq. 96. 

1770. Nicholas Ashton, of Liverpool, ^. 

Esq. 

71. Sir Ashton Lever, of Alkrington, 98. 

Knt. 99. 

72. William Cunliffe Shaw, Esq. Pres- 1800. 

ton. 1. 

73. Thomas Patten, Esq. Warrington. 

74. Geoffrey Hornby, of Preston, Esq. 2. 
1775. Sir Watts Horton, of Chadderton, 

Bart. 3. 

76. Lawrence Rawsthorne, Preston, Esq. 4. 

"77 • Samuel Clowes, of Chorlton, Esq. 

78. Wilson Gale Bradyall, Esq. Conis- 5. 

head. 6. 

79. John Clayton, of Carr, Esq. or Little 

Harwood. 7. 

1780. John Atherton, Esq. Walton Hall, 

Liverpool. 8. 

81. John Blackburne, Esq. Orford, now 9. 

Hale. 

82. Sir Frank Standish, Duxbury, Bart. 1810. 

83. James Whalley, Esq. Clerk Hill, H. 

Whalley. 

84. Wm. Bankes, of Winstanley, Esq. 12. 

85. John Sparling, Esq. Liverpool. 13. 

86. Sir John Parker Mosely, of Ancoats, 

Bart. 14. 

87. William Bamford, of Bamford, Esq. 
VOL. I. 2 E 



Edward Falkner, of Faii-field, near cHAP. 

Liverpool, Esq. ^'^• 

William Hulton, of Hulton, Esq. High 
Charles Gibson, Esq. of Lancaster, of Lanca- 

now Quernmore. '*' 

James Starkie, of Heywood, Esq. 
William Asheton, of Cuerdale, Esq. 

now Downham. 
Thomas Townley Parker, of Cuer- 

den, Esq. 
Sir Henry Philip Hoghton, of Wal- 
ton, Bart. 
Robinson Shuttleworth, of Preston, 

Esq. 
Richard Gwillym, Bewsey, Esq. 
Bold Fleetwood Hesketh, of Ros- 

sall, Esq. 
John Eiitwistle, of Foxholes, Esq. 
Joseph Starkie, of Royton, Esq. 
James Ackers, of Lark Hill, Esq. 
Sir Thomas Dalrymple Hesketh,Bart. 

Rufford. 
Robert Gregg Hopwood, of Hop- 
wood, Esq. 
Isaac Blackburne, Esq. 
Thomas Lister Parker, of Brows- 
holme, Esq. 
Meyrick Bankes, of Winstanley, Esq. 
Le Gendre Pierce Starkie, of Hunt- 

royd, Esq. 
Richard (Cross) Legh, of Shawe Hill 

and Adlington, Esq. 
Thomas Clayton, of Carr Hall, Esq. 
Samuel Clowes, of Broughton, Man- 
chester, Esq. 
William Hulton, of Hulton, Esq. 
Sam. Chetham Hilton, of RIoston 

Hall, Esq. 
Edmund Greaves, of Culcheth, Esq. 
William Farington, of Shawe Hall, 

Esq. 
Lawrence Rawsthorne, Penwortham, 
Esq. 



210 



mn lisstorj) of tl)t 



CHAP. 
VI. 



Violation 
of the li- 
berty and 
property 
of the 
subject. 



1815. 

16. 
17. 

18. 
19. 
20. 
21. 

22. 

23. 



Le Gendre Pierce Starkie, Hunt- 

royd, Esq. 
William Townley, Townhead, Esq. 
Robert Townley Parlcer, of Cuerden, 

Esq. 
Joseph Feilden, Wetton House, Esq. 
John Walmesley, Castle Mere, Esq. 
Robt. Hesketh, Rossal, Esq. 
Tliomas Richard Gale Braddyll, 

Conishead Priory, Esq. 
James Shuttleworth, Barton Lodge, 

Esq. 
Thomas Greene, Slyne, Esq. 



1824. John Entwistle, Foxholes, Esq. 

25. John Hargreaves, Ormerod House, 

Esq. 

26. James Penny Machell, Penny Bridge, 

Esq. 

27. Chas. Gibson, Quernmore Park, 

Esq. 

28. Edmund Hornby, Dalton Hall, Esq. 

29. Henry Bold Hoghton, Bold Hall 

and Hoghton Tower, Esq. 
1830. Peter Hesketh, Rossal Hall, Esq. 
31. Peregrine Edw'' Towneley, of 
Towneley, Esq. 



The county palatine of Lancaster is parcel of the duchy of Lancaster, and the 
king has a seal, chancellor, and other officers, for the county palatine, and others for 
the duchy, both of which are managed separately from the possessions of the king.* 
It is one of the privileges of a county palatine, that none of its inhabitants can be 
summoned out of their own county, except in case of treason, or error, by any writ 
or process .f 

In the eai'ly periods of the palatine privileges in Lancashire, these distmctions of 
law were not so well understood as at present ; hence a number of legal harpies 
were in the daily habit of seizing the mhabitants and their property, and conveying 
them away under form of law, though they had no juristHction whatever in the 
county. These violent and illegal proceedings kept those parts of tlie county 
wherein they were practised in a coutmual ferment. Large assemblies of the people 
rose, to resist the intruders ; and riots, and even miu'ders, frequently ensued. So 
intolerable an evil called for a strong remedy, which the law had not then provided, 
hut in 28 Hemy VI. an act was passed, by which it was ordained, that if any 
" misruled" persons, under colour of law, made a distress where they had no fee, 
seigniory, or cause, to take such distress in the counties and seigniories in Wales, or 
in the duchy of Lancaster, they should be adjudged guilty of felony, and punished 
accordingly.;!: An ancient petition to pai'Uament from the inhabitants of this county 
has been preserved in the Tower of London, wherein that protection was loudly called 
for, wliich the legisla.ture were not slow to gi-ant: — 

* Plow. Com. p. 219. on the duchy of Lancaster case, so elaborately argued, by which it was 
decided, that a lease under the duchy seal of land, parcel of the duchy of Lancaster, made by 
Edw. VI. in his nonage, to commence after the end of a former lease in esse, was good, and not 
avoidable by reason of his nonage. 

t Coke's 4th Institute, p. 411. I Statutes of the Realm, vol. ii. p. 356. 



Countp |3alatine of ilnnrastfiv 211 

" Soit bailie as Sfs. vi. 



" To the discrete Corayns of this pseut Parliament. Please it your Tvdsdomes petition. 
aud liigh discrecions teuilii-ly to consicke, that diverse misgoverned persones of the 
Shu-es, Lordesliippes Roialx, in Walys, and of the Ducherie of Lancastre in the seid 
parties, dayly taken and use to take, diverse persones, goodcs and catelx in the 
seid Shii'es, Duchie and Lordeshippes, by the name and untke colour of distresse, 
where thei have noo maner Fee, Lordesliip, ne cause to take such disti'esse, but 
feynen accions and quarelx, to gi-eve and destrye the trewe pepiU of the seid Shii'es, 
Ducfiie and Lordeshippes, ayenste lawe, reason and conscience ; and the seid psones, 
goodes and catelx soo taken, leden and carien out of the Slm-es, Diictiie and Lorde- 
shippes where thei ben talven, into other diverse places in England and Walys : And 
oft tyme for suche disti'esse takjiig, and in resistens therof, ther is gi-ete assembles 
of pepill, notes, mayhemmys, and murdi'es doon aud hadde, and if it be not in hasty 
tyme remedyed, like to folowe therof other inconvenientise ; of the which takynges, 
ledynges and cariynges, there is in that partie no dewe punishment, cause wlierof 
the pepill of the seid parties dayly habundeth and encreseth in misgovnaunce. Tliat 
it please youre said high discreciouns to consicbe thees pmisses, and to praye the 
Kynge oure Sovereigne Lorde, by advise of liis Lordes Spuelx and Tempelx in this 
present Pai'liament assembled, and by auctorite of the same Pai'liament, to ordeigue 
and stablish ; that if eny psone take eny goodes, catelx or persons, in eny of the seid 
Shii'es, Duchie or Lordeshippes, and them lede or caiye into eny places out of eny 
of the seid Shires, DucWe or Lordeshippes, wherin thei ben taken, into eny other 
places, that all manner suche takynges, ledying, or carying, be hadde aud demyd 
Felonye; And if eny person therof be atteint in eny wyse, that he have execucion as 
a Felon shulde have. And that noo maner person in the seid Shii'es, Duchie or 
Lordesliippes, ne in no other places in Walys, arettyd, accused or endited of Felonye, 
in eny wise be admitted to disclajone out of the seid Sliii-e, Duchie or Lordeship, 
where he is soo enchted, accused or aretted. Pm-veyd alway, that noo person for 
distresse takyng within his Fee, or for eny maner cause wherfore distresse is lawfuU 
by the comyn lawe of England, by this Ordinaunce be hui'te or greved: And also 
purveyd, that tliis Acte be not prejudicial to eny psone Englyshe boren in Enge- 
lond; and that in the onour of God, and in the wey of charite. 

Responsio. " Le Roy s'advisera." 
A most extraordinary piece of legislation relating to the county palatine of Punish- 

1 /• raent of 

Lancaster, took place four years after this, by which an act, made tor a temporary outlaws. 
purpose, was declared perpetual. By this act it was ordained, that if any person 



212 



€l)t liEftorp of tin 



CHAP. 
VI. 



31 Hen. 
VI. 



.■)3 Hen. 
VI. 



Rot. pari. 
7 Hen. 
VII. 

111. 8. . 



Prohibi- 
tion of 
liveries. 



should be ovitlawed in the county palatine of Lancaster, he should forfeit such of his 
land and goods as were found in that county, hut in no other ;* and that this should 
be the extent of his punishment, however aggravated might be his offence. The 
effect of such a law was to encourage crime to an alarming extent, for if any 
" foreigner" came into the county palatine of Lancaster, and committed any treason, 
murder, or robbery, or made and violated any contract, the sole rech-ess for the 
injured party was against liis lands and effects in the county, which generally were 
of no value. The pernicious consequence of tliis law soon became too palpable to be 
endured, and, two years after it had been made " perpetual," it was repealed.-|' 

The defeat of this insidious measure did not prevent its repetition in the seventh 
year of the reign of Henry VIL when, in the absence of the " knights of the sliii-e, 
and otlier noble persons of the county," an act of parliament Avas obtained, at the 
instance, and by the influence, of a single individual, probably one of the adherents of 
the deposed tyrant, Richai-d, by wliich it was ordained, that persons resichng out of 
the county should neither be liable to process in the county of Lancaster, nor should 
forfeit, for their offences in the county, any goods but such as were to be found 
within its limits. It may easily be conceived, that no long time Avas necessaiy to 
discover this legislative error; and, accorcUngly, we find that, in the very same par- 
liament, an act was passed, which, after reciting, " That the Countie of Lancastre is 
and of long tyme hath byn a Countie Palantyne, made and ordeyned for gi-ete 
consideracion, and within the same hath byn had and used Jurisdiccion Roiall, and 
all things to a Countie Palantjnie belonging, in the dayes of the noble Progenitours 
of our Soverayn Lord the King, unto the begynnyng of this present Parliament," 
proceeds to enact, " that the said Countie Palatyne, and every parte of the Juris- 
diccion therof, be in every poynt touching all Processes, Forfaitures, and other 
tliinges, as large, and of like force and effecte, as it was the day next before the fii-st 
day of this psent Parliament, and as if the said Acte had not bin made." 

The wars between the rival houses of York and Lancaster stUl agitated the 
country. The madness of party raged with Its utmost violence, and men of fortune 
and influence were accustomed to equip their partisans in Uveries, and to furnish 
them Avith badges of distinction incUcating to wliich house they belonged. The 
natural consequence of this conduct was to increase the general agitation, and to 
embarrass the administration of the laws. It is probable also, that there were local 
feuds mixed up Avith these elements of general discord, wliich so far exceeded the 
corrective power of the police, that a law was enacted, by which it Avas declared, that 
no person should give liveries or badges, or retain, as their menial servants, officers, 
or men learned either in civil or ecclesiastical laAV, by any oath or promise, under 
* Stat, of the Realm, vol. ii. p. 356. t Ibid. vol. ii. p. 365. 



Counti) |3alatme of ^Lancasittn 213 

the penalty of one luuKli-ed shillings per mouth for every person so retained, to he chap. 
recovered before the justices at then- usual sessions of oyer and terminer, or before ^' ' 
the king's justices in the counties palatine of Lancaster and Chester.* 

The palatine privilege had in the reign of Edw. VI. been perverted to the injury Prodama- 
of the inhabitants, by subjecting them to the consequences of outlawry without their aTexi-"" 
knowledge. As the Idng's vrnt of proclamation awarded upon an exigent ao-ainst ^'"'' 
any mhabitaut of Lancashii-e, in any action involving the process of outlawry, did not 
run in Lancasliii-e, it was necessarily sent to the sheritf of an adjoining county, and 
the consequence was, that many persons were outlawed without tlieii- own know- 
ledge. When the trade and commerce of the county began to be extended, tliis 
gi-ievance manifested itself so frequently, that an act was passed, whereby it was c Ed. vi. 
enacted, that whenever any writ or exigent fi'om the court of king's bench or 
common jjleas, should issue against any person residing in Lancasliire, a writ of 
proclamation should be awarded to the sheriff of the county palatme of Lancaster, 
and not to the sheriff of any adjoining county ; and that the sheriff of Lancasliii-e 
.should make and return the proclamation accordingly. 

During the civU wars between prerogative and privilege, when Charles L had the .Sheriff of 
nominal authority of the sovereign, but when the two houses of parliament exer- siiire dm- 
cised the royal functions, the powers of the duke of Lancaster, like those of the king dfn wars. 
of England, were assumed by the founders of the commonwealth ; and an ordinance 
remains upon record, by which John Bradshaw, of Bradshaw, in the county of Lan- 
caster, Esq. was appointed to the office of sheriff of this county, which office he held 
for four successive years, in contravention of tlie act of 28 Edw. IIL till the king 
was deposed, and until he, the sheriff of the county palatine of Lancaster, in the capa- 
city of president of the parliamentary tribunal, consigned his monaixh to the block. 
This ordinance is of the date of the 10th of February, 1644, and is thus expressed:— 

" The Lords and Commons, assembled in Parliament, do order and ordain, and 
" be it ordered and ordained, that William Lcnthall, Esq. Speaker of tlie House of 
" Commons, shall have power, and is hereby authorized to put in use the duchy 
" seal, for the constituting and maldng of sheriffs and justices of peace witliin the 
" county of Lancaster, and to issue out all writs and processes, and to do and perfonn 
" all acts and tilings necessary for the benefit of the said county, in as ample 
" manner as any Chancellor of the Duchy heretofore hath done, or ought to do; and 
" tliis ordinance to continue and be in force, until both houses take further order; 
" and whatsoever the said William I,ord Grey, of Mark, and W'" Lenthall, shall do 
" in pursuance hereof, they shall be saved harmlesse by both houses of pariiament : 

* Stat, of the Realm, vol. ii. p. 426. 



VI 



214 €i)t ?i)i6toii> of t\)t 

;hap. " and it is further ordered and ordained, that tlie officers belonging to the Duchy 
" Couil do prei)are a patent for to make Jolm Bradshaw, of Bradshaw, Esquu-e, 
" Sheiiff of the said County, who is to take the oath of Sheiiff hereinto annexed : — 

" THE OATH OF THE SHERIFF OF LANCASTER." 

" Yee shall Swear, Tliat well and ti-uly ye shall serve the King in the Office of 
the Sheriff of Lancaster, and do the King's profits in all things tliat helongeth you 
to do by way of your Office ; As much as you can or may, ye shall not respite the 
Kings Debts, for any gift or favoui-, where you may raise them without gi-eat 
gi-ievance of the Debtors : Yee shall ti-uly and rightfully treat the people of your 
Sheriffwick, and do right, as well to Poor as to Rich, in all that helongeth to your 
office ; Yee shall do no wrong unto any man for any gift or promise of goods, nor 
favom- nor hate: Yee shall disturb no man's Right; yee shall truly Accompt before 
the Auditor of the Dutchy of Lancaster ; of all them of whom yee shall any thing 
receive of the King's Debts : Yee shall nothing take whereby the King may loose, 
or whereby that Right may be tUsturbed, letted or the Kings Debts delayed : Yee 

shall truly retm-n, and truly serve all the Jungs Writs, as far forth as it shall be 

********** 
m your cunnmg : 

Also, yee shall utterly testify and declai-e in your conscience, that the said Kings 
Highnesse is the onely Supream Governour of this Realm, and of all other His 
Highnesses Dominions and Countries, aswell in all Spuituall and Ecclesiastical 
things or causes, as Temporall; and that no FoiTaign Prince, Person, Prelate, 
State or Potentate, hath or ought to have any Jurisdiction, Power, Superioiity, Pre- 
heminency or Authority, Ecclesiasticall or Spliituall witliin tliis Realm; and there- 
fore yee shall truly renounce and forsake aU Forraign Jurisdictions, Power, Superio- 
rities, and Authorities, and shall promise, that fi-om henceforth yee shall beare 
Faith and true Allegiance to the said Kings Highnesse, His Heirs and Lawfull 
Successors ; and to your power, shall Assist and defend all JurisiUctions, Privileges, 
Preheminences, gi-anted or belonging to the said King's Highnesse, His Heirs and 
Successors, or Vnited or annexed to the Imperiall Crown of this Realm : So help 
you God, and by the holy Contents of this Book." 

" H. Elsynge, Cler. Pari. D. Com." 

With the restoration in 1660, the authority and the revenues of the duke of 
Lancaster reverted to the king. In order to secure the ducal prerogatives, and the 
ancient privileges of the county, a number of courts have, in the succession of ages, 
risen up in Lancashire, involving the jurisprudence of the county. The reason of 



tical 
courts. 



Count)) |3alatinc of Saiuast^n 215 

these inununities, as assigned by Sir Edward Coke, is, " for that the county of Lan- chai- 

caster is a county palatine, and the duke," at its institution, "had jura ret/alia," or 1 

royal prerogatives, within the county — " to exercise all manner of jui-isdiction, liigh, 
mean, and low." " This county palatine (of Lancaster) adds Sir Edward, was the 
youngest brother, and yet best beloved of all other, for it hath more honors, manors, 
and lands annexed unto it than any of the rest, by tlie house of Lancaster, and by 
Henry VIII. and Queen Mary, albeit tliey were descended also of the house of 
York, viz. from Elizabeth, the eldest daughter of Edward IV." The nature of the 
courts in the duchy and county palatine of Lancaster, ecclesiastical, civil, and 
criminal, have already been exliibited in a connected form,* in combination with the 
other courts, which liave a concurrent jurisdiction in the county ; and it is only 
necessary in tliis place to repeat this information, and somewhat to amplify the 
details : — 

The Ecclesiastical Courts are. 
The Prerogative Court of York, -nitliin which province tliis county lies ; the Court Ectiesi.s- 
for the Archdeaconry of Chester ; and the Court for the Archdeaconry of Rich- 
mond. Probates of wUh and letters of administi-ation, of persons dying witliin the 
archdeacomy of Richmond, are usually granted in the ecclesiastical comt of Rich- 
mond, and the original wills, with the registers of other proceedings, are deposited 
at Lancaster, where the court for the Lancashire portion of that arclideaconry is 
held ; wliile the wills and letters of acbninistration, as to persons dying within the 
archdeaconry of Chester, must be proved in, or gi-anted by, the ecclesiastical court 
of Chester, held in that city, m whicli case the wills are there deposited. But 
dm-ing the year of triennial visitation, the jiu-isdiction of the archdeaconry of Rich- 
mond ceases, and the proceedings throughout tlie whole county of Lancaster are 
then registered at Chester. Tlie widows of mtestates, dying ^vithin the archdea- 
conry of Riclunond, obtain, by the custom of the province of York, sanctioned by the 
statute of distributions, a greater shai-e of theii- iiusbands' personal estates than that 
to which those ai-e entitled, by the statute, whose husbands die ^-ithin the arclidea- 
conry of Chester, where such custom does not prevail, Chester not being governed 
by any custom but by statute law. UntU the institution of the bishopric of Chester, 
at the period of the Reformation, Lancasliii-e lay within the dioceses of Lichfield and 
Coventry, and ^vills proved from this county, at that time, were deposited at Lichfield, 
where those ^vills now remain. The river Ribble generally forms the boimdary of ^'"'' 
tJie two archdeacomies— places to the North of the Ribble being in the archdeaconry 
of Riclunond ; and tliose to the South of that river, in the archdeaconry of Chester. 
Tliis definition is, however, subject to one exception ; the whole of the extensive 

* Baines's Lancashire, edit. 1824. vol. 1. p. 128 — 138. 



32 Hen. 



216 



Cije ?l]i6ttii-p of tl)t 



CHAP, parish of Wlialley is in the archdeacomy of Chester, though the townsliip of Bow- 
land- with-Leagi'am, in this parish, is on the north side of the Rihble. 



VI. 



Synopsis. 



INFERIOR COURTS. < 



Of Record. 



The Courts of Law are, 

f *The High Court of Chancery. 
*The Exchequer. 
Tlie Chancery of the Duchy. 
The Chancery of the County Palatine. 
superior courts. «( *The King's Bench. 

*The Common Pleas at Westminster. 
The Common Pleas at Lancaster. 
Tlie Judges Commission of all manner of Pleas. 
The Commission of Oyer and Terminer. 

Cruuinal. C Sessions 

I" For the County 

and 
!.For Boroughs. 
Coroner's Court. 

{For the County 
and 
For Boroughs. 
rFor Hundreds 
Leets^ and 

(. For Manors. 
C Borough Coiu'ts. 
< Piedpoudre Courts. 
' Courts of Requests. 
C By Justicias. 
\ By Replevin. 
(By Plaint, 
f By Replevin. 
^ By Plaint, 
spyhold. 
Customary. 
r Copyhold. 
For Manors. < Customary. 
( By Plaint. 

The Courts marked thus * have a general jurisdiction, and are not peculiar to this county. 



w 

•< 

Z 

V. o 

in 

CO 



Not of Record. 



Civil. 



County. 

For 
Hundi-eds. 

For Honors. 



(Cus 



Count|) palatinf of tniunsitcr. 217 

The High Colrt of Chancery,* and the Court of Exchequer, chap.- 

VI. 

have coucuiTent jurisiliction in tliis county with the Chanceries of the Duchy, and 



the county Palatine, m all matters requiring the interference of equity to i-emedy the <-'""'•' "f 
defects, or mitigate the rigours, of law. But in affaii-s Avhere the authority is derived 
by statute, or commission from the crown, as in bankruptcy and matters of a fiscal 
nature, the lord chancellor has an exclusive jurisdiction, and the barons of the 
exchequer paramount authority. 

The Chancery of the Duchy of Lancaster 
is not a mixed court of law and equity. It has cognizance of matters of an equitable chancery 
nature, whether they relate to the county palatine, or to the duchy, and of all chy. 
questions of revenue and council, affecting the ducal i)ossessions. The proceedings 
in this court, as in the comi of chancery, ai-e by EngUsli bill and decree. The process 
is by privy seal and attachment, as in the chancery. All patents, and commissions 
of officers, or dignitaries, all orders, and gi-ants affecting the lands and revenues, 
and all similar acts of authority mthin the duchy, issue from hence. It is also 
a court of appeal from the chancery of the county jmlatine ; and the archive of all 
records aifecting the francliise. It is held at the duchy office in Westminster, from 
which all processes issuing out of this court are dated. 

The Chancery of the County Palatine of Lancaster 
is an original and independent court, as ancient as the 50th of Edward III. and the 
proceedings are earned on by Enghsh bill and decree. The office is at Preston, chancery 
and the court sits four times a year, at least ; namely, once at each assize at Lancas- {"atine. ''*' 
ter, and once at Preston in the interval of each assize. The process of the court is 
by subpcEna, attachment, attachment with proclamations, commission of rebellion, 
sequestration, and writ of assistance, &c.; and the general practice of the court, except 
in some particular cases where it is governed by its own particular rules, is similar 
to the practice of the high court of chancery in almost every tiling, except in 
despatch and expense. The chancery of Lancasliire has concurrent jurisdiction with 
the liigh com"t of chancery, and the court of exchequer, in all matters of equity, 
whether concerning lands lying witliin the palatine, or concerning transitory 



* The chancery is called of Chancelli, because they examine matters within places endorsed with 
partitions of cross-barrs ; or rather, from the chancellours cancelling or dashing out, wt cross lines 
lattice-wise, commissions, warrants, and decrees, passed against all law or right. They (the chancel- 
lors) were in England before the Conquest, and then, and now, are reputed the second persons in 
the Kingdom.— Fragmenta Historipolitica Miscellanea, Harl. MSS. no. 980. fo. 59. 
VOL. I. 2 f 



218 €l)t 5}isitiDr|) of tfte 

CHAP, suits, its cogmzance of wliich depends on the person or lands of the defendant being 
' amenable to the process of this court; but its jurisdiction is exclusive of all other 
courts of equity, when both the subject of the suit, and the residence of the parties 
litigant, are Avitlun the county, and in such case a defendant may insist on liis right 
to be sued in this chancery by demurrer or plea to any other equitable process. 
This court seems to be entirely independent of the liigh court of chancery, the latter 
court not assuming any jurisdiction or power over it ; for an appeal from the chan- 
cery of Lancashire lies to the duchy cliamber at Westminster, and from thence to 
the king in parliament ; and no instance can be remembered, nor any precedent 
adduced, when the Iiigh court of chancery has evei' in any manner attempted to 
interfere in the process or proceedings of the court of chancery of Lancasliii-e, or 
to remove the cause or matter in dispute from its jurisdiction. 

The court in point of fact exercises a concurrent jurisdiction with the high court 
of chancery m all matters of equity within the county palatine, particularly in matters 
of account, fraud, mistake, trusts, foreclosures, tithes, infants, partition, and specific 
performance of contracts and agTeements. It also interferes to restrain parties from 
proceeding m actions at law, and for that j^urjiose grants tlie writ of injunction. And 
it also issues injunctions to stay waste and trespass in cases where in-eparable mis- 
chief might arise, unless the parties were immediately resti-ained from doing the acts 
complained of. It is likewise auxiliiuy or assistant to the jurisdiction of courts of 
law, as by remo-ving legal impedunents to the fan- decision of a question depenchng, 
either by compelling a discovery wliich may enable them to decide, or by perpetuating 
testimony when in danger of being lost, before the matter to wliich it relates can be 
made the subject of judicial investigation. It also has jurisdiction, on ex-parte appU- 
cations, in appointing guardians for infants, and in allowing them a competent main- 
tenance out of their property, and in enabUng them to make conveyances of their 
trust, and mortgaged estates, for the benefit of the parties beneficially entitled. It 
also claims the care of all lunatics and itUots within the county palatine, and grants 
commissions in the nature of the WTit de Lunatico rel Id'tota probanda, for the 
purpose of inquiring into the state of mind and circumstances of the parties against 
whom the commission of lunacy or idiocy is prayed. And on the inquisition 
beiiig returned, it grants admiuistration of the persons and estates of lunatics and 
idiots to committees or guartUans appointed for tlie purpose, under the directions of 
the court. If the suit is on behalf of a private inchvidual, the bUl of complaint is 
addressed to the chancellor of the duchy in the name of the party complaining, and 
if the suit is instituted on behalf of the crown, or of those who partake of its preroga- 
tive, or whose rights are under its peculiar protection, as the objects of a pubhc 
charity, &c. the matter of complaint is offered to the cliancellor of the duchy by way 



Coimtp ^Jalntiitf of i!.anrns:t(i% 219 

of information, in the name of the attorney general of the county palatine. The chap. 
proceedings ai'e afterwards carried on, except in little points of practice arising fi-oni " 

local circumstances, as in suits originally commenced in the high court of chancery. 
Although the hills are adch-essed to the chancellor of the duchy, the vice-chancellor 
of the county palatine is the judge of the court, and the causes and all motions and 
petitions are set down, and heard before him. The chancellor of the duchy, assisted 
hy the two judges in commission for the county palatine, sits to hear causes at West- 
minster, either commenced originally in the duchy chamber, or which have been 
transmitted there by way of appeal from the court of chancery of the county 
palatine. 

■ All original writs within the county palatine issue from the chancery of Lanca- 
shire, and writs from the courts at Westminster are directed to the chancellor of the 
duchy, who makes out his mandate to the sheriif of the county, to execute, and return 
them into the chancery. Tlie officers of the court are — the chancellor of the duchy, 
the vice-chancellor, the registrar, examiner, and first clerk, the five cursitors and 
clerks in court, who are the attorneys of the court, the seal-keeper, and the 
messenger. 

The Court of King's Bench and the Court of Common Pleas at 

Westminster, 
have concurrent jurisdiction with the court of common pleas, for the county palatine Courts of 
of Lancaster, in almost all cases ; and will enforce their jurisdiction over personal bench ana 
actions, unless conusance of the cause be claimed, or the palatinate jurisdiction be p™ 
pleaded, or eiTor be brought, after judgment by default, mth the venue laid in Lan- 
cashire, and the want of an original be assigned for error. In the two first 
instances, the superior courts cannot refuse to allow the privilege, when properly 
claimed; and in the last, the want of jurisdiction becomes apparent, from the circum- 
stance of there being, in the chancery at Westminster, cui-sitors for the issuing 
of wits into every county but the counties palatine, and therefore, upon a cause of 
action arising in Lancashire, there is no proper officer from whom an original could 
have been obtained, to wan-ant the subsequent proceedings in the court at Westmin- 
ster. The cases where the jurisdiction of the courts above is excluded, and that of 
the common pleas at Lancaster must be adopted, are chiefly pleas of lands wdtliin the 
county; actions against corporations existing in Lancashire; or suits in wliich a 
defendant residing there must be aiTested for less than £20. All writs out of the 
courts at Westminster (except Habeas Corpus and Mittimus) are directed to the 
chancellor, knd not to the sheriff, in the first instance; and, where execution of them 
must be done by the sheriff, the chancellor issues his mandate to that officer, and, on 

2f 2 



common 

(leas. 



tine. 



220 m)t iJlEitOll) Of tftf 

CHAP, recemnff liis return, certifies, in his ovra name, to the court above, that the writ lias 

VI. 

" been duly executed; and if the chancellor return, that he commanded the sheriff, and 
has received from him no answer, the court above will rule the sheriff to return the 
mandate. There is only one li-anchise in the county having the execution of writs 
by its own officer, viz. the Liberty of Furness, to the bailiff of which the sheriff dii-ects 
his precepts, and receives from him the requisite returns. 

The Court of Common Pleas for the County Palatine of 

Lancaster, 
Common is an original superior Court of Record at Common Law, having jurisdiction over 
the paia- all real actions for lands, and in all actions against coi-porations within the county, 
as well as over all personal actions where the defendant resides m Lancashire, 
although the cause of action may have ai'isen elsewhere ; but this court has no juris- 
diction beyond the limits of the county. The judges of this court are appointed by 
commission from the king, under the seal of the duchy of Lancaster, but in the name 
of the king, pursuant to the statute of 27 Hen. VIIL The judges, according to the 
present usage, are only two, being the judges appointed on the northern circuit, 
whose commission continues in force so long as the same judges continue to be 
appointed to that circuit. Its returns are on the fii'st Wednesday in every month. 
The office of the prothouotary is at Preston, where the records for the preceding 
twenty years are kept, and those for previous years are deposited at Lancaster, where 
the court sits every assizes before one of the two judges of the courts at Westminster 
who have chosen the northern circuit, and who are half-yearly commissioned, the 
one as the cliief justice, and the other as one of the "justices of the common pleas at 
Lancaster." The patent of the judges for the common pleas at Lancaster also 
appoints one of the judges " cliief justice, and the other', one of the justices of all 
manner of pleas within the county pidatine," and under this the causes sent by 
mittimus from the courts at Westminster ai-e tried at bar ; but as there is no clause 
of nisi prius in the jury process by mittimus to Lancaster (it being out of the 
ordinary circuit of the judges,) they camiot be assisted by a sergeant on the civil side 
as in other coimties. By the same commission ai-e tried at bar all pleas of the 
crown, whether removed by certiorari, or otherwise directed so to be tried. Tliis 
court is a great advantage to the commercial county of Lancaster, as well because 
its process for arrests to any amount reaches to all parts of the county, and may be 
had ^vithout the delay of sending to London, as from the celerity and excellency of its 
practice. A gi'eat majority of the causes now tried at Lancaster are brought in the 
common pleas of the county palatine, and in point of importance are equal to those sent 
down for trial there fi-om the courts at Westminster. In tliis court, actions may be 



Coimti.) ^alatint of 2Laiirnsitfn 221 

brought mtliiu about three weeks from tlie time of hohliug the assizes ; and exe- chap. 
cution may be had after trial, as soon as the assizes tenninate, without waiting till ' 

the following term, which, at the siumner assizes especially, embraces a considerable 
period. The advantage of tliis promptitude in legal processes in Lancashu-e, has 
been so strongly felt, that the principle is now extended to the general law of the 
country ; and still furtlier improved, by an act of parliament passed in the early 
part of the year 1831, for the more speedy judgment and execution in actions i wiii. 
brought in his majesty's courts at Westminster ; and the proceedings in the court 
of common pleas of the county palatine of Lancaster, have been facilitated by making 
all writs of inquiry or damage returnable on the first Wednesday in every month, 
(in adcUtion to the fii'st and last days of each assize,) in lieu of being returnable, as 
liitherto, on any of the return days in Easter and Michaelmas terms respectively. 
The general official business of the court of common pleas in Lancashii-e, is 
transacted by the deputy of the prothonotary. The office of prothonotaiy is a patent 
office, in the gift of the crown, in right of the duchy of Lancaster. Jolm Crosse, Esq. 
is the attorney-general ; and Wm. Walton, and M. F. A. Aiuslie, Esqrs. ai'e king's 
counsel for the palatinate. The attorney-general for the county is an officer of this 
circuit, and there are also two king's counsel for the palatinate. 

It is not witliin the province of this work to enter into the subject of fees, and other 
details of legal practice, but the foUo^ving order of court, issued by the judges 
upwards of two hunched years ago, may sei"ve as a piece of legal lore : — 

" Orders made at Lanc : 

By S. James Altham, Bar. of Ecq. 
S. Edw. Bromley, Bar. of Ech. 
By assent of Tho. Tidsley, Attorn, of Cout. Pal. and Vicechancelor of the same, at 

the assizes at Lanc. 

29th July. Jac. 9. 

" That Attorneys admonish there clients, both dwel: in the couty, to trie in the 

couty. 
" If Attura \vill not be refoiTQed, then to them in any foren court ace. to 

Stat. 4 H. 4. if it seeme good to the Justices. 
" Euery writ made by the Attorn, shall cost 2^ for euery 12'' the proton, hath. 
" The Atturney shall have liis fee in euery action 3' 4'' for euery assize. 
•' Tlie Sherif shall return at the first Distr: suff: issues upon euery Freholdi- that 

shall be sued, and double the same til the fi-eeholder appere to the suit. 



222 



<U)t %)Mov^ Of tlje 



CH\P. 

VI. 



Under euery action of debt of 201s. or upward, the debtor sliall put in special 

bayle if the plantifs Attor. do require, unles good cans to the couti'ary. 
Tlie Protonot. shall not accept of any writs wherupon any fines or recou. are to be 

sued wlier above 3 or 4 cognisors are named, being not joynt ten a ten in cou. 

without spec: direct: from the Justices of Assizes. 
No recouery brought to the Proton, but under the hand of some Attorney of the 

said court. 
Euery Attorney shall bring liis orig. writs and mean proces wher any exigent is 

awarded of the Ass. precedent H"*. All cost be the Assise subseq. to be fUed 

with the Proton. 
Or else to pay for euery such writ returned the assise before, he bring the same 

for the post diem 4"*. 
If they file any writts of any fomier Assis after the said Ass. subseq . begin then to 

pay for each 12'' for a post a»ssis. Attorney may receiue of there o^vn use ^ of 

al fines due upon orig. writs, and wi'its of couents, and writs of Entryes for 

reco. only excepted. 



Assizts. 



Contem- 
plated re- 
moval of 
the as- 

sizeH. 



Previous to every assize, commissions of Oyer and Terminer and General Gaol 
Delivery are issued, under which the senior judge presides in the crown court, and 
delivers Lancaster castle. The official proceedings in criminal cases \\dtliin the 
county are conducted by the clerk of the crown, or liis deputy.* The office of clerk 
of the crown is in the gift of the chancellor of the duchy for the tune being, and he is 
assisted by a deputy, on whom the duty principally devolves. The office is held at 
Preston. At the end of the assizes, three copies are made of the calendar of the 
prisoners ; one of wliich is signed by the senior judge, and delivered to the clerk of 
the crown, in whose custody it is kept ; another copy is signed by the clerk of the 
crown, and kept by the judge ; and a tliii'd, signed by the same officer, is left with the 
high sheriif or the gaoler. Under this authority, and without any special wan-ant, 
all executions take place. The judge writes the word " reprieved" or " respited", 
opposite to the name of each convict sentenced to die, but not left for execution ; and 
such as have not either of these words written opposite their names, are hanged. On 
behalf of those who are reprieved, the judge addresses a letter, called " the Circuit 
Letter" to the king, recommending them to mercy on the grounds therein specified, 
which letter is transmitted to the office of the secretary of state, and generally, indeed 
invariably, produces a commutation of punislunent. 

Tlie assizes are held half-yearly at Lancaster, but strenuous efforts have, from 
time to time, been made by the more populous part of the county, to obtain an 
* Appendix to Evans on the Court of Common Pleas of the County Palatine of Lancaster. 



Coimtp |]alattnf of Eanra^tfr. 223 

adjournment of each assize from the county town to Preston, Manchester, and Liver- chai' 

pool, on the grounds — that as it is a principle of the gi'cat charter, that justice ought L 

not to be delayed, it is in consonance with that principle, that it ought not to be remote. 
It is alleged that nine-tenths of the civil causes, and four-fifths of the criminal 
prosecutions, tried at Lancaster, are from the three most distant hunch-eds of >Salford, 
West Derby, and Blackbura, which contain neai-ly nine-tenths of the inhabitants of the 
county ; and that, by the proposed adjournments, the saving to prosecutors and suitors, 
both in time and travelling expenses, would be immense. The cogency of these 
representations arrested the attention of the magistracy of the county, and in the 
report of a committee appointed by that body at their annual general sessions of the 
peace in 1820, which report was made in 1822, the conunittee earnestly recoimnend, 
that at the county assizes at Lancaster, the two judges should " both proceed upon 
the trial of prisoner's, and afterwards upon the trial of all cases ii'om the north of the 
county, as usual, and then adjourn to Preston, and there proceed with the causes from 
all other parts of the county." By this arrangement, the committee " estimate the 
saving to the county to amount to at least £10,000 a year," but they discountenance 
the idea of^djourning the a,ssizes to Manchester and Liverpool, and deem it to be 
a measure fraught " with serious inconvenience and mischief." 

The subject being thus brought under the consideration of the whole bench, it 
became necessary to pronounce a decision upon it ; aiid in a report of the magistracy, 
subsequently made, they negative the proposition in toto : first, because they agree 
%vith the committee, that it would be attended with serious inconvenience and mis- 
chief to adjourn the assizes to Manchester and Liverpool ; and second, because an 
adjournment to Preston would only shorten the distance of travelling about twenty 
miles, and is not estimated to save more than £10,000 a year — a consideration 
which they do not think sufficiently powerful to justify the adjournment of the 
assizes from the place where justice has been well administered for centuries past, 
and which is entitled to have the assize held in it by the charters of many kings. 
Liverpool took a strong interest hi this question, and at a public meeting of the 
inhabitants, held on the 11th of Apiil, 1823, at which the mayor presided, it was 
determmed to present a memorial to the lord liigh chancellor, the chancellor of the 
duchy of Lancaster, and the Right Hon. Robert Peel, secretary of state for the home 
department, urging the measure upon their consideration. To tliis memorial an 
answer was returned by Mr. Secretary Peel, on the 3d of March, 1824, to the effect 
" That the memorial relative to an adjournment of the assizes to the towns of Liver- 
pool and Manchester, or the neighbourhood thereof, having been fully considered, 
and the arguments weighed in support of that measure, with those which have been 
urged from several quarters against the proposed adjournments, he is dii-ected to 



224 €i)t ?l?i6toi-p of tf;e 

CHAP, acquaint the memorialists, that the pailies memorialized are of opinion that it is not 

^^" expedient for the government to take measures for adjouining the assizes from the 

town of Lancaster, at wliich they have been liolden for a long series of years." 

Subsequent efforts have been made for the attainment of this object, but hithei'to with 

no better success. 

On tliis subject, the commissioners appointed by liis majesty to inquu-e into the 
practice and proceedings of the supreme courts of law, in their report made to the 
king on the 18tli of February, 1829, say — " Tlie increased population of the county 
of Lancaster, amoimting to more than one mUHou of inhabitants, has augmented the 
business of that county to such a degi'ee as to render a subdivision of it necessary. 
Accordingly, a regulation has been found expedient, and has beeu established for 
many years past, under the authority of the judges on that circuit, by wliich the 
causes are divided into three separate lists, appropriated to three different portions 
of the county, viz.: 

" L Tlie three northern hundreds of Lonsdale, Amouuderness, and Blackburn. 

" IL The bundled of West Derby, including the town of Liverpool and the 
hundi-ed of Leyland. 

" III. Salford hundred, including Manchester. 

" The causes entered for trial were as follows, viz.: 

Last fourteen Ciicuits. Last seven Circuits. 



1st List . . 


. 377 


average 


27 


1st List . . 


. 227 


average 


32 


2d . . . 


. 919 


• • ■ 


65|- 


2d . . . 


. 573 


. 


82 


3d . . . 


. 807 


. . . 


57i 


3d . . . 


. 491 


. . . 


70 



150 184 

" Hence it is evident, that the entry of causes is on the increase; and that the 
number for Manchester and Salford may be taken at 65 at the least. The distances 
of the hundreds of West Derby and Salford fi-om Lancaster have been found incon- 
venient in the highest degree, not only on account of the actual nmnber of miles from 
Livei-pool and Manchester, and other populous towns of Lancaster, but from the 
incommodious approach to that place by the road to the north of Preston. The 
population of Liverpool and West Derby hundred, which amounts to more than 
270,000 inhabitants, and, with the hundred of Leyland, to more than 300,000, and 
that of Manchester and Salford huncked, which also amounts to more than the latter 
number, makes it not only expecUent but just, towards those places, that separate 
assizes should be held mthin them." 



enor 
courts. 



CoiintL) pnlntinr of aanradtn*. 225 

To promote this act of justice, it is proposed by the commissioners, that Manchester, chap. 

•\vith the rest of the huudi-ed of Salford, should be comprehended within an additional 1_ 

ciiTuit proposed to be established, to comprehend Staffordshire and Salop, the two 
north Welsh (Ushicts, the district of Chester, including Flintshire and the western 
part of Denbighsliire. But this scheme, wliich involves a strange subchvision of 
counties, only cures half the alleged evil, and leaves Liverpool, with the other parts 
of West Derby, and tlie whole of Leyland, subject to " the unjust degi'ee of 
inconvenience." 

The Courts of Inferior Jurisdiction, 

are either Courts, which, upon recording their judgment, can award that tlie party infi 
condemned shall be fined, or imprisoned, or they are Courts not of record, and, 
consequently, not possessing the power to make such an award. Of the fonuer class, 
some are more conversant in matters of criminal, and others of ci^-il nature. The 
Criminal Courts of Record are — the General Sessions, held, annually and quarterly. Sessions, 
before the justices of the peace for the county. The Annual Sessions are held in 
July, at Preston, and afterwards, by various adjournments, until the numerous 
county affairs, placed, by various statutes, under the peculiar cognizance of this court, 
are transacted. These ai'e annually accumulating; and the matters of county finance 
have now become so much the objects of magisterial care and public interest, that its 
sittings bear no very cUstant resemblance to those of parliament. 

The General Quarter Sessions 

are now held, according to statute, the first week after the 11th of October; the first i AViiiiam 
week after the 20th of December; the first week after the 31st of March; and the 
first week after the 24th of June, in each year. The multifarious matters under the 
cognizance of this court are too well known to requii'e enumeration. A very consi- 
derable number of barristers attend the last adjournments ; and many judicious 
an-angemeuts have been made, which evince the anxious desire of the magistrates 
to reduce, as much as possible, the time consimied, and the enonnous sums annually 
expended, in the prosecution of offenders. The bench have the power, and, in some 
cases exercise it, to effect a further saving of both, by (Uvidiug the sessions, and 
trying indictments and appeals in different courts at the same time ; wliich, especially 
in parish matters, would be a gi-eat public advantage. 

Similar sessions are held in the boroughs of Lancaster, Preston, Clitheroe, Boroush 
Wigan, and Livei-pool, before the local magistrates, agi-eeably to the respective 
vol. I. 2 G 



220 mn ?i)i£itorj) of tin 

CHAP, cliarters, or to inuuemorial prescription, wliicli presupposes sucli a charter anciently 

' granted, and now lost or decayed. 
Coroner's Another court of record of criminal judicature, is the coroner's court, rapidly 

assembled on the discovery of any dead body, and composed of the officer, and a jury 
selected by the constables of the four townships next adjoining to that spot on Avhich 
the corpse was first found. The name of the officer is supposed to be derived from 
the circumstance of Ms examination of the witnesses, and pronouncing of sentence, 
being in a ring or cii'cle of people assembled round the deceased, or in corona populi. 
He is elected by the freeholders, upon a Avrit requiring the sheriff to hold a county 
court for the election, and returned into chancery. In this county there are six 
coroners, each of Avhom has full power to act through Lancashire; but the exercise of 
such power is limited, by private agreement, and for mutual convenience, to the 
hundred or neighboui'hood of theii* respective residence. The coroner is bound by 
law to discharge his office in person, to come Avhen sent for, and to view the body in 
the presence of the jury; and if the coi-pse cainiot be found, no inquest can be held. 
He must also inquire of every death in prison, whether naturally or by misfortune. 
There are other duties attached to the office, such as the execution of process wliere 
the sherifT is party, or in contempt; the taking and entering of appeals of murder, 
rape, and robbery, &;c.; the judgment on the writs of outlawry; the inquests of 
■WTeck, and treasui'e-trove ; and others of less frequent occurrence, and less public 
concernment, than its ordinary painful and unpleasant task : the office is of high 
antiquity, and great public utility, when executed according to the spirit, and for the 
end, of its original institution. The principal officers of the corporate boroughs are 
usually coroners within the precincts of their jurisdiction. The coroner is a conser- 
vator of the peace, at common law, virtute ojficii. 
Courts The remaining court of record, for the punishment of offences, is the Leet. 

Formerly the sheriff perambulated the county, and held his criminal court in every 
hundred. This was called the Torn, or Towrn; but A\]ieu the delay, inconvenience, 
and expense of that officer " taking a turu" tlu'ough so extensive a (hstrict became 
manifest, this court was made stationary in every hundi-ed, and was held, as at present, 
before the steward of the hundred. 
Ancient A singiilar instance occurs, as early as the time of Edward H., of the exactions to 

ment wliicli the inhabitants of Lancashire were subjected, h\ the itmerant visits of some of 

the high tlie ostentatious sheriffs in their periodical towrns through the county ; but to tliese 
grievances they cUd not tamely submit, as appears from an ancient indictment pre- 
sented by the grand juiy, of which the following is a translation :* — 

* Rot. plac. coram R. 17 Edw. 11. m. 72. 



sheriir. 



CountP |3alatinc of Snnrastcr* 227 

( The Grand Jury of the Wapentake of West Derby present chap. 
" LANCASTER ' . -^ ^ ,v 

* i tliat ' Willielinus le Gent'd,' at the time when he was sheriff, " 

and when he hekl his Towrn in the said Wajn'iitake, ought to have remained no 

longer in the Wapentake tlian three nights with tlu-ee or four horses, Avhereas he 

remained there at least nine days with eight liorses, to tlie oj^pression of the people ; 

and that he quartered himself one night at the house of ' Dns de Turbat,' and 

another night at the house of one ' Bobeiius de Bold,'' auotlier at the house of 

' Rohcrtus de Grenlmj,' and elsewliere, according to his wUl, at tlie cost of the men 

of the Wapentake." 

For tliis offence, and for another of a more extraordinary kind, which will be 
exliibited in the parliamentary history of the county, the sheriff was placed in duress ; 
but the record goes on to say, that " the said ' Willielinus GentiV is enlarged upon 
the manucaption of four manucaptors." ' 

At the period when the comes or earls divested themselves of the charge of the 
counties that duly devolved upon the sheriffs, as the name shire-reeve, or bailiff of the 
shii'e, unports ; and, ui like manner, when tlie Inindredors ceased to govern the 
divisions styled humh-eds, their office was sujiplied by the steward, i.e. stede-ward, 
or governor of the place. This officer is one of those conservators of the peace who 
still remain sucli by virtue of his office. The six hundreds in Lancashire, viz. 
Lonsdale, Amounderness, Blackburn, Leyland, West Derby, and Salford, were 
anciently styled shires. Thus Leland, temp: Henry VIII. speaks of Manchester 
standing in Salfordslm-e ; and, in common with all the hundreds north of the Trent, 
they bear the synonymous name of wapentakes, from the ancient custom of the heads 
of families assembling armed, upon the summons of the hunch-edor, and touching his 
weapon, to testify their fealty. In many parts of this county, lands and manors are 
held by suit to the hundred leet, of which ser\'ice this was probably the sign and 
symbol, and such are called humh-ed lands. The leet must be held at least twice in 
every year, and within a month of Easter and Michaelmas, respectively. It is held 
before the steward of the hundred, or his deputy, and a jury impannelled by him. 
The amercements are limited only by the assessment of at least two men, accordino- 
to the measure of the fault, agi-eeably to a provision of magna cliarta. Anterior to 
the statues which have given to the sessions concurrent jurisdiction, its duties 
embraced every offence, from eaves-dropping and vagrancy, to higli treason ; but, 
although contrary to several very learned chcta, every statute affecting it has pre- 
served, and none has dhninished, its powers, Avhich are seldom called into exercise, 
except to abate nuisances, punish deficient measures, and appoint the high and petty 
constables, and other municipal officers. Its proceecHngs have two singular diarac- 
teristics — the entire absence of fees and lawyers. The increase of population, and the 

2g2 



request. 



228 m)t %mtOV]y of ti)t 

CHAP, influence of feudal lords, gave rise to manorial leets, which were jn-anted, to obviate tlie 

VI. . o J 

'. necessity of tlie tenants of a particular manor being obliged to attend tlie torn, or 

general leet of the hundred, before the stewai'ds of the several lords of manors, or their 
deputies ; and, by custom, the leets of several manors may be held at once in some 
certain place within one of the manors. 

The Inferior Courts of Record of Civil Judicature, 

Boroiigii are, 1st, the Courts of Boroughs, usually held before the princii^al corporate officer, 

and the recorder or steward, and having jurisdiction, in personal actions, to an 

unlimited amount. 8uch is the Court of Passage at Liverpool, the Borough Court of 

Preston, and others, as numerous and as various as tlie respective charters or pre- 

Piedpoii- scriptions. 2nd, The Piedpoudrc Court is a court of Record, having unlimited 

(he court. ..... .. .. ... ».,^ 

jurisdiction over all contracts arising witluii a lair, before the lord or owner, or lus 
stewai'd or clerk of the fair. It was the lowest and most speedy court in the realm, 
except one now extinct, called the Court of Trail-baton, Avliere the judge Avas bound 
to decide whilst the bailiff drew his staff, or trailed his baton, round the room. 3rd, 

Courts of Almost equal to these, in the raj)id admhiistration of justice, are the Courts of 
Request, which the legislature has, at various periods, established in Liverjjool, 
Manchester, Ashton-under-Line, and Poulton in the Fylde. Under various regu- 
lations, and chiefly before a certain number of commissioners, assembling by rota- 
tion, they determine, in a summary manner, at a small expense, and without lawyers, 
such matters as are allowed by their respective statutes, under forty slulUngs, or five 
pounds. 

The Inferior Courts, not of Record, 
are all calculated for the redress of civil, and not of criminal, injuries. It has been 
seen that the sheriff had a court leet called tlie torn, Avliich was the criminal court of 
the county ; he had also his court baron or civil court, Avhich formerly tra\ elled round 
the county, in the same manner as the torn. The same complaint of expense, delay, 

County and inconvenience, attended this rotary process ; and long before the torn was localized 
in the hundreds, the eonntij court, or sheriffs court, became stationary in the county 
town, and its jurisdiction Avas limited to those suits in which the parties dwelt in 
several hundi'eds. In l)oth hundred and county courts, matters to any amount were 
originally determined, until the statute of Gloucester directed that no suits should be 
commenced without the king's writ, unless the cause of action did not exceed 40s. 
Since that time, a device has been adopted, to give the county court jurisdiction in 
matters above 40.s. without breach of this statute. A plaintiff sues forth out of 
chancery aAmt, alleging that he is clamorous for defect of right, before the Mng, and 
commanding the sherifT to do hun justice. This is held to be in the nature of a 



court. 



Count}) |9alntinf of laufasiten 229 

commission to the sheriff to try the cause in the county court, and the defendant is i;hai'. 

summoned to answer the coniphiint before the sheriff, by virtue of his majesty's '. — 

writ of justicias. The jurisdiction under this commission is unhmited in amount, 
except by the faciHty of removing the suit by merely lodging a writ, Avithout security 
that it shall be proceeded in, when the suit is for £10 or upwards; Avliich vii-tually 
limits the county court to that sum. It has also unlimited juristhction in replevins 
of property unlawfully lUstrained, subject to the like removal. The Lancasliire county 
court, so far as relates to the recovery of small demands, ju'obably possesses gi'eater 
practice and efficiency than any other similar' court ; owing to an act of parliament,* 
(peculiar to the county palatine of Lancaster) prohibiting the removal of causes 
mthout bail, where the debt or damage is under £10, and to the excellent rules of 
practice since introduced, in conjunction vniii the cu'ciunstance that process may be 
issued at Preston, from the chancery of the duchy, at a much smaller expense, and 
more speedily, than it can be in orcUnary cases, where it must be had from the high 
court of chancery. Very much delay (incident to proceedings in county courts in 
general) is likewise obviated in this court, by entries being permitted to be made at 
the sheriff's office in the intervals between the regular monthly court days, as if they 
had been entered at the previous court day. Accorthng to umnemorial usage, the 
court has been held every Tuesday month, at Preston, but latterly, in addition to this, 
it has regularly adjourned its monthly sittuigs from thence to Manchester, on the 
Thursday following, in order to obviate the expense and loss of time incurred, 
through so many witnesses having to travel from that populous chstrict as far as to 
Preston. Of late years too, the sheriff has retained a barrister, to preside in the court, 
in which the number of actions commenced may be stated at from 4 to 5,000 annually: 
from 1 to 2,000 being for sums under 40s., but the greater proj)ortion being for sums 
above that amount. 

The Hundred Courts 
have concurrent jurisdiction with the county court in certain personal actions under Humhed 
40s. in value, and are held from three weeks to three weeks, before the steAvard of 
the hundi'ed, or his deputy, and a jury, within the respective jurisdictions. One of the 
deputy stewards of Salford huntked is a barrister, James Norris, Es(|. of Manchester, 
Avho has presided for above twenty years. No suit can be removed by the del'endant, 
before judgment, without bad, to the satisfaction of the court ; nor by the losing party, 
after judgment, without similar security in double the amount of the judgment. 

There is in tliis county, one Honor or Superior Manor, having numerous 
dependent manors under it. It is the Honor of CUtheroe, the jurisdiction of which ho 
is very extensive. It has courts in the nature of courts leet, at which the lords of the 

■• 35 Geo. III. 



ionor 
courts. 



230 €i)t 5;>t6tori) of ti)t 

CHAP, iuferior manors owe suit; and others in the nature of copyhokl courts, for the 
^^' admittance of tenants hy copy of court roll, under the various forfeited manors within 
the honor. 

Manor Thcrc are also numerous other Manors in various parts of the county ; some 

of which have copyhold courts, and others only courts haron for the reckess of the 
tenants' grievances; some have courts leet, and some kw courts for the recovery of 
debts and damages under 40s. held according to their- various local customs. 

It has been comjjlained of as a defect of the superior courts, that their sittings 
and offices are at too great a (hstauce fi'om the centre of business, and the mass of 
the population. The evil of the inferior judicatures of a civil nature is, that, owing 
to the restrictions upon the amount of the sums sought to be recovered, and the 
diminished value of money, the time of respectable juries, and professional men, are 
wasted upon trifling suits, wheu they might be advantageously applied to ease the 
superior courts of those matters whicli are too small to deserve their cognizance, and 
yet too gi'eat to pass remediless, save at the risk and ruin of individuals. Several 
unsuccessful attempts have been made to remedy both these grievances. Tlie 
answer to such has been, that it is dangerous to render more easy, cheap, and speedy 
the administration of justice, lest the people should contract a love of litigation, 
which would injure them more than the delay or denial of retbess. 

I^ccortis of tlje Couutp i^alattue* 

I'uiiiic The principal public records, connected Anth the jurisprudence of the county 

of the palatine of Lancaster, may be classed under tln-ee heads : 1 st. Those in the depart- 
ment of the deputy clerk of the crown at Lancaster. 2d. Those in tlie department 
of the prothonotary of his majesty's coiu't of common pleas for the county of Lan- 
caster; and, 3d. Those in the department of the register of the court of chancery 
of Lancashire. Soon after the appointment by his majesty of the commissioners of 
puljlic records, issued in virtue of a recommendatio)i of the two houses of parliament, 
in the year 1800, the commissioners instituted inquiries into the nature of these 
records, and the places of theii" deposit; and from the answers retui'ued to those 
inquiries it appears — 
In the First, That the public records, rolls, instruments, and manuscript books and 

the clerk papers, iu the custody of the clerk of the crown for the county palatine of Lancaster, 
consist of instruments and other criminal proceethngs in the crown office for the 
county palatine ; the records of such instruments and proceedings, and different books 
of entries, though not very numerous, are supposed to he all that have been pre- 
served. These records (except the jn-oceedings at two or three preceding assizes, 



of the 
crown 



Countp ^alatiiif of itancn^ter. 231 

wbicli are kept in the office of the deputy clerk of the crown in Preston) are chap. 
deposited in the new office or room that has been filted up in Lancaster castle, lor '' 
the reception of these and other records of the county ; Lancaster castle beino- sup- 
posed to be the property of the crown, in riglit of the duchy of Lancaster. For 
eighty or ninety years past, the indictments, &c. are so far arranged, that any pro- 
ceeding inquired for, may be easily referred to ; antecedent to that period, such as 
have been preserved are promiscuously placed together in no regular order, but are 
in tolerable preservation. All tlie proceecUngs at each assizes, within the period first 
mentioned, ai-e entered or docketed in books, by referring to which, the proceetUnn-s 
in each prosecution may be known ; but there are no other indexes or cataloo-ues, 
except that, upon some of the older rolls, the contents are endorsed. All searches 
are made by or in the presence of the deputy clerk of the crown, or liis confidential 
clerks, who are employed in the custody and arrangements of the records, and give 
attendance as occasion may requii-e, without any remuneration from the public. 
Office copies of records are charged after the rate of eight-pence for each sheet, 
consisting of seventy-two words, and the usual fee upon a search is 6s. 8d. and the 
deputy clerk of the croA\-n charges for attending at Lancaster during the assizes, 
with a record, a guinea. The searches in this office are very rare, and, of course, 
the fees upon them very inconsiderable. 

Second. The public records, rolls, instruments, and manuscript books and of the 
papers, in the custody of the deputy prothouotary of the court of common pleas, in faiyl'""°" 
and for the county palatine of Lancaster, consist of fines and recoveries, records, 
writs, minutes, papers, and proceedings in real, personal, and mixed actions, insti- 
tuted in tliis court along with some few enrolments of deeds; and they are supposed 
to be the whole of tlie records or papers relating to tliis court since its creation. 
Tliese records and other documents, for a period of upwards of fiftv vears, are 
lodged at the office of the deputy prothouotary, which (with 'i-ie other principal law 
officers of this county palatine) is held at Preston, on account of its central situation. 
All the early records and documents are now lodged in an ancient tower or chamber 
within the castle of Lancaster, which has been very commodiously fitted up for their 
reception, at the expense of the county. The records and other dociunents are 
methocUcaUy arranged in separate compartments, accordhig to theii- dates, and are in 
general in very good preservation. There are docket rolls, or indexes, to all the 
records, containing the names of the parties to the fines, recoveries, and suits 
recorded at each assizes. As the records of tliis court are kept at a distance of 
twenty-two miles from the office, a person is appointed at Lancaster by the deputy 
prothouotary, vulgarly called citstos rotulorum, avIio is entrusted with the care of the 
records, &c. whose duty it is to attend every search, and to take care that everj 



232 Cftr Snsitor)) of tOe 

CHAP, record he duly and safely restored to its proper place, for which a fee of one shilling 
' is due for each king's reign into wliich a searcli is made, hesides a salary of three 
guineas, payable by the deputy prothonotary. But all searches are made by or in 
the presence of the deputy prothonotary, or liis confidential clerks, who are employed 
in the custody and arrangement of the records, and give attendance as occasion 
requires, without any salary paid by the public in respect of such custody. Accord- 
ing to the table of fees payable to the prothonotary, 6s. 8d. is paid on a seai'ch for 
each reign, and to the cust. rot. one sliilling. For an office copy for each sheet of 
seventy-two words, and duty, one sliilling ; and for a certificate of a copy, if required, 
3s. 6d. Searches among the records kept at Lancaster are usually made dining 
the time of the assizes, when the prothonotary's office is held at Lancaster ; but 
when a search is required at any other time, the deputy prothonotary charges a 
reasonable extra sum for his journey and expenses. If a record is to be produced 
in the court at Lancaster, tlie deputy prothonotary, or his clerk, attends upon a 
subpoena, and charges a guinea for each attendance. If any proceeding is to ])e pro- 
duced elsewliere, he diarges a reasonable sum for his journey and attendance, accord- 
ing to cii-cumstances. The nett annual amount to the protlionotary's office of these fees, 
upon an average of years, after deducting the salary, &c. of the custos rotulorum, 
was stated in 1800 not to exceed £10, wliich siun, it is added, is barely equal to the 
rent of the rooms occupied by the records and public papers of the office at Preston.* 
Of the re- Third. The public records, &c. in the custody of the register of the court of chan- 
tile''^chan- ccij of the couuty palatine of Lancaster, consist of bills, answers, and otlier pleadings, 
cou'nt^ pa- depositions, order-books, decrees, decree-books, and otiier books for entries in causes, 
latine. ^^^ j ^^j^^^, yj^ttcrs instituted in that court ; and ai-e supposed to be the whole of the records 
or papers that have been preserved since its creation. These documents, anterior to the 
year 1 740, were kept in a room or chamber in the castle of Lancaster ; such as ai"e 
subsequent to that period are at the office of the deputy register in Preston, which is 
the private property of the deputy-register. The old records are deposited in an 
office fitted up in the early part of the present century in Lancaster castle for their 
reception, at the expense of the county. The bills, answers, and depositions, cSic. are 
upon different files, mth the respective years in which they are filed marked upon 
labels affixed to them; but neither these, nor the other books or proceedings, appear 
ever to have been well aiTanged ; many of them are much defaced, and almost, if not 
wholly, unintelligible. The bUls, answers, depositions, &c. have usually been 
indexed (or entered in a pye-book) when brought to tlie register's office to be filed : 
there are no indexes of the other proceedings, and many of the indexes first 

* Return made by William Cross, Esq. deputy prothonotary to the commissioners of Public 
Records. 



Counti) ^3alatine of 5i.anrn£(tn% 



233 



mentioned have been lost, and the reniamdor arc not accurate. Various circuni- chap. 

VI 

stances have caused these records or papers to be at different times removed. All L. 



searches in tliis office are made by, or in the presence of, the deputy register, or his Records, 
confidential clerks, who are employed in the custody and arrangement of the records, 
and give attendance as occasion requu-es, without any salaries or emoluments paid by 
the public. The charge for copies of proceecUngs in this office is fourpencc for each 
sheet, consisting of seventy-eight words ; and the usual fee for a search is 6s. 8d. ; 
should a search be required at Lancaster, the deputy register charges a reasonable 
extra sum for his journey and expenses. But owing to the ii-regodai' state of the 
records, few searches are made. 

The places of dejjosit of the records of the county palatine may be summarily 
stated as follows : — 



Records and other Instruments. 


Date. 


Where kept. 


County Palatine of Lancaster. 
Chancery : 

Bills, Pleadings, Depositions, Orders, and C 
Decrees i 


1740 to 1800. Dates 
wanting before 1740; 
1135 to 1558. 


Register of the County 
Palatine Duchy Office. 


Charters and grants of various kinds . . . 
Common Pleas : 


1136 to 1558. . . 




Fines and Recoveries, Writs, Minutes, Pro- 
ceedings in Actions, and Inrolment of 
Deeds 


Geo. Ill 

Dates wanting . . . 


Prothonotary's Office, at 
Preston. 


The Records before his present Majesty's Reign 
Pleas of the Crown : 


) 


Indictments and other Criminal proceedings, 
and Books of Entries 


About 50 years before 


y Castle, Lancaster. 
) 


Collectanea relating to the History and Antiqui- 
ties thereof, made by the three Holmes . . 
Collection of Names of the King's Castles, Man- 


1800 


British Museum. 


sions, Parks, Forests, Chases, &c. within the 






survey of the Duchy of Lancaster .... 
Iter Forestae 


8 Edward III. . . . 
15 Edward III. . . 
26 Henry VIII. . . 


University Library, Carab. 
Lincoln's Inn Library. 
King's Rememb. Office. 
First Fruit's Office. 


Nona Roll 


Ecclesiastical Survey (a copy) 

Survey of Estates therein not granted in Fee 


Farm 


1629 

Temp. Interregni. 


University Library, Camb 


Catalogue of Charters throughout England and 
Wales 


Fee Farm, Rolis of 


Augmentation Office. 



VOL. 1. 



2h 



CHAP 
VI. 



of the ec 
clesiasti- 
cal courts. 



234 Cfte ?)i^tor)) of tl)t 

The arcliives of tlie ecclesiastical courts, so far as they concern the county of 
Lancaster, are to he fountl at LicMekl, from the earliest period of their preservation 
Archives up to the year 1590, in the custody of the registrar of the diocese of Liclifield and 
Coventry; and since that period, in the custody of the deputy registrar of the diocese 
of Chester ; the deputy registrar of the consistory court of the archdeaconry of Rich- 
mond; and the deputy registrar of the five several deaneries of Amoundeniess, 
Copeland, Lonsdale, Kendal, and Furness. These depositories may be classed 
under four heads : — 
In the First. There are in the custody of the registrar of the diocese of Lichfield and 

Lkhfieid!*^ Coventry, in right of the hishop's see, original manuscripts, or episcopal registers, or 
acts, of the bishops of Lichfield and Coventry, from the year 1298, except that there 
are some chasms in several of the bishops' tunes. These registers contain acts on 
institutions of rectors and vicars, and some entries of appropriations of rectories and 
endowments of vicarages in the diocese. There ai'e also books of the judicial 
proceedings in causes in the court, from about the year 1450. Original Avills, and 
ffrants of letters of administration, from 1526 to 1590, when the ecclesiastical 
arclrives belonging to the diocese of Chester ceased to be kept at Lichfield. 
In the re- Second. There are deposited in the public episcopal registry at Chester, in 
('hSe°. which diocese the county of Lancaster is situated, original wills or copies thereof 
proved there, from the year 1590 to the present time, and bonds given by persons 
administering to the effects of persons dying intestate. Sundry pleadings and pro- 
ceedings exhibited in causes in the consistory court of Chester, and books of the acts 
in the same causes. Nine folio volumes, commencing in the year 1525, containing 
entries of sentences of consecrations, of churches, chapels, and burial grounds, in the 
diocese, faculties for rebuilding and improving churches, chapels, and parsonage- 
houses, confirmation of seats, and other ecclesiastical commissions and faculties. 
Proceedings on the installations of bishops, patents of the officers of the vicar 
general, and official principal commissaries; rural deans, registrars, proctors, and 
apparitors. Three books, commencing in 1500, containing entries of presentations 
or institutions to ecclesiastical benefices within the (hocese. Four books, com- 
mencing in 1752, containing entries of institutions, licenses to curacies, orduiations, 
and other episcopal acts. Several books of subscriptions to the liturgy, and the 
articles of the church of England, by persons ordained, and clergymen admitted to 
benefices or cures. A volume usually called Bridgman''s Ledger, having been 
chiefly collected by Dr. John Bridgman, who was appointed bishop of Chester in 
1619, containing copies of various appropriations, endowments, compositions, grants, 
agreements, leases, charters, orders by the crown, rentals of synodals, procurations, 
pensions, tenths, and subsidies ; patents and statutes of grammar schools. A volume 



Count|) ^3alatinc of ?tanra£iUr» 235 

usually called GastreWs Notitia, being conipUed by Dr. Francis Gastrell, elected chap. 

lord bishop of Chester, in 1714, containing an account of the then population of '. — 

each parish, number of families, Catholics, Dissenters, families of note, patrons, 
wardens, schools, endowments, charities, and several other particulars of each pai-ish 
and chapeli-y in the diocese; entries of licenses of mai-riagc; probates of wills, and 
letters of administration ; names of the clergy ; church and chapel wardens ; account 
of exhibits at episcopal visitations, and correction books ; original presentation to 
benefices, and nominations to curacies and schools, and terriers and parish and chapel 
reoisters. There are two other registries in the archdeaconry of Riclunond, within 
the diocese of Chester, at Lancaster and Richmond. All the foregoing records ai-e 
deposited in the public episcopal registry in Chester, which is a stone building, 
slated, and commocHously fitted up for the safcand convenient preservation of the 
records and papers deposited therein. The records and papers are in general in 
o-ood preservation, except the most ancient part; from time or inevitable accident, 
They are in many parts imperfect before the year 1650, and for ten years follomng 
quite deficient. From that period, the ^dlls, and most of the registries and entries, 
are reo-ular and correct. There are complete indexes to the wills, registries, and 
entries of institutions, from then- commencement, except in the parts before men- 
tioned to be deficient. There are several manuscript volumes in the possession of 
the bishop of the diocese, containing a particular account of the extent and popula- 
tion of the diocese; number of Catholics and Dissenters, state of parsonage-houses, 
residence of clergy, schools, charities, and several other particidars relative to the 
diocese, being answers to queries addi-essed by different bishops to the clergy of the 
diocese. The number of parishes in the diocese of Chester was, in the year 1800, 
two hundi-ed and sixty-two. 

Third. The records, instruments, and papers, in the custody of the deputy in the 
registrar of the consistory court of the archdeaconry of Richmond, in the diocese of conry of 
Chester, consist entii'ely of original wills; bonds talven upon the issuing of letters of 
administration, tuition, and curation ; afiidavits and bonds relative to marriage 
licences; proceedings in ecclesiastical suits; enrolments of faculties for pews and 
galleries in churches and chapels; teniers and duplicates of parish registers; and 
such other matters as relate to the oflice and juriscUction of the commissary of the 
said archdeaconry of Richmond, but do not comprehend any record or instrument 
of any other nature or description. From the most ancient of the said records, to 
tlie year 17.50, they compromise the wills, administration and tuition bonds, which 
have arisen from every part of the said archdeaconry of Richmond ; but since tliat 
year, a division took place, and the wUls, and other papers and records not relating 
to such business as is usually called contentions, arising ^vitliin the five deaneries of 

2h 2 



Rich- 



236 €ht f>MtOV}] Of tI)C 

CHAP. Amoundeniess, Keiulal, Copeland, Lonsdale, and Furness, part of the said ardi- 

'. deacouiy, are deposited in the parish chiu'ch of Lancaster, under the custody of 

another officer there. From the most remote period, the dujjlicates of parish regis- 
ters, teniers, and all other records, proceecUngs, and papers (except those of a con- 
tentious natui-e, and the wills, &c. of the period first before mentioned) of the five 
deaneries, are also deposited at Lancaster ; Avhilst all other wills, papers, and records, 
arising within this archdeaconry, have continued to be deposited, and remain in the 
registry of the consistory court at Richmond. The registry at Richmond is part of 
the ancient chapel, called Trinity Chapel, in the centre of the market-i^lace of the 
borough of Richmond, sufficiently large and commodious, and in most respects secure ; 
but having sevei'al dwelling-houses and shops, wherein fires are du-ectly underneath, 
as well as adjoining to it, it is in some measure exposed to danger. The state of 
preservation of the records, &c. at Richmond, is in general very good, though some 
few of the ancient wiUs have sufifered by the access of moisture in certain places, 
particularly in the corners of the roof, which are now perfectly repaii-ed ; and all 
increase of decay is prevented as much as possible. The wills are arranged alpha- 
betically in biincUes of ten years each; the terriers and paiish registers in parcels, 
according to the different parishes; and all the rest of the records, with sufficient 
regularity to answer the purposes of those who require searches to be made. There 
is no regular catalogue, schedule, or repertory of the records, nor any index, except 
of the terriers and faculties, and of such of the avtUs and administrations as have 
arisen mthin the present centmy, mthin the three deaneries of Riclmaond, Cat- 
terick, and Boroughbridge, commonly called the three Yorkshire deaneries. 

In the five FouRTH. The Original wills within the five deaneries of Amounderness, Cope- 
deaneries. " 

land, Lonsdale, Kendal, and Furness, within the archdeaconry of Riclunond in the 
diocese of Chester, preserved and kept at Lancaster, proved and approved before the 
worsliipful commissary (for the time being) of the said archdeaconry, or his sm-ro- 
gates ; or before the vicai'-general, or his surrogates respectively, since the fii'st of 
November, 1748, are registered, deposited, and kept in a convenient room, called 
the registry of the east end, of and Avitliin the parish church of Lancaster ; where ai-e 
also deposited all bonds taken on granting letters of administration, curation, tuition, 
and marriage licenses, within these five deaneries. And in the same place are also 
deposited and kept, copies of the parochial registers delivered in by the chmxh and 
chapel Avardens, \Nitlun the five deaneries at each visitation. The register, or place of 
deposit, is deemed very secure, and well accommodated for the keeping of the several 
instruments. The several A\ills and instruments are well preserved, and the wills 
and administration, curation, and tuition bonds, belonging to each of the said 
deaneries, ai-e kept separate and apart from each other ; and those of each deanery 



Coiinti.) |[)alatinc of tanrasttr. 



237 



aiTanged annually, and also decennially, in alphabetical order. Tlie bonds ou 
granting marriage licenses are arranged in numerical order. There are distinct 
alphabetical books for each of the deaneries, called " Act Books," in each of wliich 
are entered schedules containing a short entry of the probate of each will, and of 
every administration, curation, and tuition, gi-anted within each of the deaneries 
respectively ; to each of which act books is prefixed or amiesed an alphabetical index 
of contents. 

The following exhibits a condensed view of the places of deposit of the records, 
and other instrimients, connected with the ecclesiastical affairs of the county of 
Lancaster : — 



CHAl>, 
VI. 



Ecclesiastical. 



Records and other Instrmnents. 



Diocese of Chester : 

Installations of Bishops, Patents of Officers 

&c 

Terriers and Parish and Chapel Registers . 
Presentation to Benefices, Nominations to 

Curacies and Schools 

Appropriations, Endowments, Compositions, 

Grants, Agreements, Leases, Orders, &c. . 
Licenses of Marriage, Probates of Wills, and 

Letters of Administration 

Proceedings in causes, and Books of Acts of 

the Consistory Court 

Presentations and Institutions to Ecclesiastical 

Benefices 

Consecrations of Churches, Chapels, &c. and 

Faculties for rebuilding Churches . . . . 

Original Wills, or Copies of 

Population of Parishes, Account of ... . 
Richmond Archdeaconry, Consistory Court : 

Wills, Original 

Bonds on granting Letters of Administration, 

&c 

Marriage Licenses and Affidavits thereon . . 

Parochial Registers, copies of 

Act Books, containing Entries of Probates 

Proceedings in Suits 

Inrolment of Faculties for Pews, &c. . . . 

Terriers 

Duplicates of Parish Registers 



Date. 



Where kept. 



Bishop's Registry, 
Chester. 



Commencing 1500 . 



^^^■5") to the present 
1590 



1714 



s 



tmie 



Consistory Registry 
Richmond. 



238 



€i)t lieitoiT? of tl)r 



CHAP. 
VI. 



Ecclesiastical. 



Records and other Instruments. 



Wills, Original 

Administration, Curation, and Tuition Bonds . 

Act Books, containing Entries of Probates . . 
The earliest date — 

Chester 

Lichfield and Coventry Diocese : 

Ecclesiastical Survey 

Terriers of Rectories and Vicarages .... 

Registers, containing Institutions of Rectors 
and Vicars, Appropriation of Rectories, and 
Endowments of Vicarages 

Judicial Proceedings in Causes .... 

Wills and Grants 1 

Administration, Letters of ^ 

Licenses 

Registers of Parishes 



Date. 



i 



1748 to the present 
time. 



1500 . . . 
26 Hen. VIIL 

1298 to the present 
time, with Chasms 

1450- 
15261 



Where kept. 



'topresenttime. 



1660- 



Commissary Registry, 
Lancaster. 



Registry, Chester. 
First Fruit's Office. 



Bishop's Registry, Lich- 
field. 



[A number of original documents Ulustrative of the liistory of the duchy and 
county palatine of Lancaster, accompanied by a succinct unpublislied liistory of the 
duchy, from the pen of Villiers, Lord Hyde, afterwards Earl of Clarendon, here 
press for admission ; but as the supplemental collection is not yet complete, they 
must be reserved for an Appendix.] 



Counti? |3alntmc of ilancaeittr. 



243 



€im. Fur. 



The antiquity of the county. — The Earldom possessed by King John.— The crusades.— 
Privileges granted to the honor of Lancaster in the articles of Magna Charta.— Ratification of 
Magna Charta.— The Forest Laws.— Assize of the Forest at Lancaster.— King William's 
letter.— Abolition of the ordeals of fire and water.— Grant of land between Mersey and 
Ribble.— Origin of the representative system in England.— The Barons' Wars, and their effect on 
the honors and inheritances of the house of Lancaster.— War with Wales.— Ancient Lancashire 
wood-cutters.— First Military Summons extant addiessed to the sheriff of Lancashire.— Wages of 
labourers, their uniform adaptation through successive ages to the price of grain.— Chronological 
table of the standards of value for six centuries.— Coals first used for fuel.— Ancient loyalty loan.— 
Summonses of military service .-Conquest of Wales. -Reference to Pope Nicholas' Valor.-Wars 
with Scotland.— Lancashire newsmongers denounced.— Scotland conquered.— Renewed struggles 
under William Wallace and Robert Bruce.— Large drain for men and money on Lancashire.— 
Effectsof war.— Commission of Trailbaston.— Edward I. in Lancashire. -His death at Carlisle.— 
Fresh wars.— Increase of crime and misery.— Adam de Banistre takes the field against the earl of 
Lancaster.-Hisfate.-Renewedwars of the barons; headed by Thomas, earl of Lancaster.— 
His fate.— Interest taken in Lancashire in the Barons' Wars.— Charge of aiding Thomas, earl of 
Lancaster.— Edward II. dethroned.— Placed in the custody of the earl of Lancaster.— His cruel 
death.— Tlie Testa de Nevill analyzed, so far as regards the landed possessions in the county of 
Lancaster. 




Error of 
Selden. 



ESUMING the chronological order of our Mstory chap 

from the period at wliich it had arrived when we com 

menced the history of the dukes and duchy of Lan- 
caster, it is proper to correct an eiTor into wliich 
the learned Selden has fallen, when he says, " That 
Lancashire, till Henry III. created his youngest son 
Ednnmd, Crookback, carl of it, (A.D. 1266,) I think 
was no county ; for in one of our old year hooks a 
learned judge* affirms that in tliis Henry's time 
was the fii-st sheriff's turn held there." 

That sheriffs were elected for this county upwards of a century before 
Henry IH. ascended the throne of these realms, is already abundantly clear. In 
the Domesday Survey of the date of 1086, the county of Lancaster, as we have 

* Thorp, 17 Edward III. fol. 566. 



244 



ClK 5)isitori) of ti)t 



CHAP. 
VII. 



Early 
mention of 
Lanca- 
shire. 



already seen, and as the ancient map of the county, now presented for the first 
time, wUl make stUl more obvious, is surveyed as portions of the adjoining counties of 
Yorksliire and Chesliii'e, but it is not named in that survey; and after a diligent 
examination of the public records, the fii-st mention we find of the county is in 
the Pipe Roll in the Exchequer office, seventy-eight yeai's after that survey was com- 
pleted. The entry consists of a return made to the king's ti-easiuy by the sherifi", in 
11 Hemy II. A. D. 1164, and the words of the record are these: — 



LANCASTRE. 

Gaufr de Valoniis redd Comp de firma de Lancast* de. cc.ti. 

In th. lit5a\T[t in. ij. taft. Et Quiet^ est. 
Id redd Comp de. lij. li. 7. xvj. s. 7. viij. d. de Ex^citu Walie, 

In th. xxxiiij. ti. 7. iij. s. 7. iiij. d. 
Et Inpdoii p l5r. R. x. Mil q fuerU in Ex'icitu cu Rege. 

X. ill. Et Ric Pincne. viij. in. Et Henf de Laci. v. in, 
Et deb. V. fii. Et Id redd Comp de Eod debito. 

In th. xl. s. p. Coiii Hug p Ernaldo Rufo. Et deb. ij. rii. 



The Pipe Rolls commence with 5 Stephen, and contaiu returns from a gi-eat 
munber of the sheriffs of other counties, but tlie name of Lancashire does not occur 
till eleven years afterwards, as will be seen from the foUo^nug enumeration of tlie first 
nineteen returns : — 

PIPE ROLLS ENTRIES. 



5 Stephen. NU in Lancaster. 


1 Henry 


II. This Roll is missing. 


2 . . . 


Nil in Lancaster. 


3 . . . 




4 . . 




5 . . 




6 . . 




7 . . 




8 . . 


This roll is missing. 


9 . . 


Nd in Lancaster. 


10 . . 




11 . . 


Lancaster, Memb. 6. 


12 . . 


Lancaster, Memb. 1. 


13 . . 


Lancaster, Memb. 5. 



In turgo 



Countj) ^3alatinr of ilanrasitn-. 245 

14. . . Lancaster, Memb. 11. In turgo. chap. 

15 . . . Lancaster, Memb. 9. ... 

16 . . . Lancaster, Memb. .3. ... 

17 . . . Lancaster, Memb. 2. ... 

18 . . . Lancaster, Memb. 5. ... 

It is tlius manifest tbat Seklen is in eiTor, in supposing that Lancashire 
was " no county" till the time of Henry III. and that it had no sheriff till 
1266, when Edmund Crouchback was created earl of Lancaster. The records in 
the office of the duchy of Lancaster are stated by Mr. Harper to be of as early a 
date as the first of Stephen, but those do not of course apply to the duchy, wliicli 
was not created till more than one hundred years afterwards ; nor have we found 
any traces of records so early in that depository, relating to the county of 
Lancaster, as even the time of the second Henry. 

In the Chapter House, at Westminster, there is amongst its immense circular 
documental stories, a bag of Lancashire fines, marked " Lancastria," in which 
several ancient deeds are deposited, of the date of 7 Richard I. relating to 
ecclesiastical affairs, and one of which, on the advowson of the church of Kirkham, 
in the hundred of Amounderness, and the archdeaconry of Riclmiond, will be intro- 
duced in its proper place in these volumes. 

In the reign of John, the men of Lancashire, complained that their privileges 
Avere infringed by Theobald Walter, who had abridged their supply of fuel, and by 
Roo-er Poer, who had deprived them of more than a huncb-ed acres of wood and 
forest land, which they had been accustomed to enjoy as pasturage: — 

" Lanc. ") Loquendmn cu Dno Rege de hoib} Land qui non possut ut dicut 
John, j ftere lifetates suas sicut p illis hendis fine fccerut in Noi-mand 
p Theobald Walteri, & de hoib3 de Sutton qui queruntur de Rogo le Poer qd cepit 
ad se injuste post mortem Hero Rs patris plusqm lOO'"" acras tam de bosco 
qfn de landa de Foresta Dfii Rs in quo bosco solvunt habere commune pastura." — 
rot 1. Abbrev. Placit. p. 24. 

The complaint of the men of Lancashire was made with peculiar propriety to The eaii- 
king John, who, though he was suniamed Sansterre, possessed the earldom and honor of 
honor of Lancaster, wliich were confeiTed upon him as an inheritance, wliile he was possessed ' 
earl of Morton, by his brother Richard I. in the excess of liis bounty. The retm-n of Morton, 
made by John was suitable to his character; when Richard was on his return from ^^a^ds 
the Holy Land, where he had been vigorously engaged in the crusades, John con- ^ingJohn. 

VOL. T. 2 I 



246 C()t SKSitOlT? Of n)t 

CHAP. sj)ired with Pliilip, kiug of France, to deprive liiiu of liis throne, and thus to unite 



VII 



prematurely tlie honor of Lancaster with the croAvn of England. Tlie escape of 
Richard from the Austrian prison in Avhich he had been immured, alarmed the con- 
federated princes 5 but such was Ids indulgence toward his brother's faults, that, though 
Pliilip apprised John of the king's escape in these expressive terms, " Take care of 
yourself, the devil has broken loose," Richard was induced, on the mtercession of his 
mother, queen Eleanor, to restore John to liis favour ^vith tliis mild rebuke — 
" I forgive you ; and I hope I shall as speedily forget my injuries as you will my 
pardon." 
The The death of Richard soon after opened the way to the throne for John, who did 

not hesitate to assume the possession by imbruing liis hands in the blood of liis nephew 
Artliur. During the reign of Richard, the spuit of crusading had been at its height; 
not only tlie flower of the most distinguished families in Lancashire, but in every part 
of Cluistendom, embai-kedin these holy wars ^vith the utmost enthusiasm; and though 
a few splinters from the wood of the real cross were purchased by the sacrifice of more 
than 300,000 men, such was the excitation of the times, that a knight templai- seldom 
failed to rank amongst the first of public benefactors. To these wars future ages are 
indebted for the introduction of coats of amis, by wliich the incased knights were 
distinguished on the plains of Palestine, and since which time illusti'ious families have 
used them, to adorn their pedigrees.* 
Privileges When the great bulwark of British freedom. Magna Charta, was wrested from 
shire in kJ^g Jolm ou the field of RumijTnede, by the intrepid barons, special pri^oleges were 
cies of gi'anted to the honor of Lancaster by name ; and it was provided in the articles 
ChTte. appendent to that charter, that " if any one should hold any escheat as the honor of 
Walingeford, Notiugeham, Bonon, and Lankastr', and of other escheats which are 
in the king's hands, and are baronies, and he die, his heii* shall not give any other 
relief, or perform any other service, to the king, than he should perfonn to the baron; 
and that the king hold it in the same manner as the baron." The Charter of Forests 
was scarcely less appreciated in Lancasliii-e than Magna Charta. The number and 
extent of the forests in this county made the severity of the laws by which they were 
protected oppressive in the extreme, (though the rigour of the laws had already been 
relaxed in their favoui-,)f and the immunities conferred on the people by these memor- 
able charters would have unmortalized the memory of the king, had they flowed 
spontaneously from the royal bounty, instead of having been dictated by an imperious 
necessity, over which he had no control. Extorted refonns produce weakness to 
governments; voluntary ones, strength. This is a distinction which monaixhs should 
never lose sight of, and which applies with equal force in all ages. 
* Seep. 158. t See p. 240. 



Couiitp ^alatinr of ilanrasitfr* 247 

The Forest Laws are of gi-eat antiquity in this country; they are of Saxon origin; chap 
and, like the laws of Draco, they ai'e written in Wood. A charter of forests was 1 



granted hy Canute, in the year 1016, called " Tlie Charter and Constitution of The forest 
Forests," introduced hy tliis royal declaration : — " These are the Constitutions of 
" the Forest, Avliich I Canute, king, Mith the adnce of my nol)les, do make and Canute's 
" stablish, tliat both peace and justice may be done to all the churches of our king- 
" dom of England, and that every offender may suffer according to his quality, and 
" the manner of his offence." By this charter, four of the best freemen, (Poegened) 
were appointed in every pronnce of the Idngdom, to distribute justice, called " The 
Chief men of the Forest." There were placed, under each of these, four men of 
middle sort, (LcspegendJ, to take upon themselves the care and charge by day, " as 
well of the vert as of the venison."* Under each of these, two of the meaner sort of 
men, Tinemen, were appointed to take care of the vert and the venison by night. 
These officers were supported at the cost of the state, the first class receiving a 
stipend of two hundred sliillings a year, the second of sixty, and the third of fifteen 
each, with certain equipments and immunities. " Tlie chief men of the Forest" 
were clothed with royal powers, in the administi'ation of the laws of the forest. If 
any man offered violence to one of these chief men, if a fi-eeman, he was to lose liis 
fi-eedom, and all that he had; and if a villain, liis right hand was to be cut off, for the 
fii-st offence; for the second he suffered death, whether a fi-eeman or a slave. Offences 
in the forest were punished according to the manner and quahty of the offender: any 
freeman, either casually or wilfully chasing or hunting a beast of the forest, so that 
by swiftness of the course the beast pant for breath, was to forfeit ten sliillings to the 
king; if not a freeman, twenty; if a bondman, to lose his skin! If the beast chased 
be a royal beast, (a staggon), and he shall pant and be out of breath, the fi-eeman to 
lose his liberty for a year, the bondman for two years, and the villain to be outlawed. 
A fi-eeman or a bondman killing any beast of the forest, to pay double its value for 
the fii-st offence, the same for the second, and for the third to forfeit all that he 
possesses. Bishops, abbots, and barons, not to be challenged for hunting in the 
forests, except they kill royal beasts, and then to make restitution to the king. 
Every freeman to be allowed to take his own vert, or venison, in the pm-Heus of the 
forest, or when himting in liis own gi-ound, but he must refi-am from the king's vener}'. 
Freemen only to keep the dogs called gi-eyhounds, and the knees of those dogs to 
be cut before the chief men, unless they be removed, and kept ten nules from the 
bounds, of the royal forest. Vellerons, or Langerans, small dogs, as Avell as Ram- 

* The vert is the covert, the trees, and the herbage of the forest ; and, according to Sir Edward 
Coke, whatever beast of the forest is for the food of man, is venison, and therewith agreeth Virgil, 
describing a feast — " Implentur veteris Bacchi pinguisque ferinas." 

2 i2 



248 Ci)c Instorp of tf)r 

CHAP, hundt, might be kept without cutting their knees. If a dog became mad, and bit a 
'__ beast of the forest, the owner was requii-ed to make a recompense according to the 



the Cou 
queror. 



price of a freeman, that is, twelve times two hundred shillings; but if a royal beast 
was bitten by a mad dog, then the owner was to answer as for the greatest offence in 
the forest, namely, with his own life! Such substantially were the forest laws of 
Canute the Dane. 
No forest WiUiam the Norman, another royal Nimrod, did not relax the severity of these 

committed laws; but, by afforestuig large tracts of land, very much extended the field of then- 
shires"'" operation. Tliough the Conqueror displayed a large share of his sanguinary and 
rapacious character in the north, there is no reason to suppose that he deprived any 
man of Ins possessions, to enlarge the forests of Lancasliii-e. It is said of him, how- 
ever, by Mapes, perhaps with some monkish exaggeration, that in afforesting the 
New Forest, in Harapsliire, for the free enjoyment of the chase, " he took away 
much land from God and man, and converted it to the use of wild beasts, and the 
sport of his dogs, for which he demolished thirty-six churches, and extermmated the 
Retribu- inhabitants."* The retribution which followed was speedy and signal; three of the 
*"""■ iimnediate descendants of the gi-eat spoliator lost their lives while engaged in the 

chase in tliis forest, amongst whom was William Rufus, who fell by the arrow of his 
bow-bearer, Sii- Walter Tprell — 

" He draws his bow with right good-will, 
" The shaft, if it go true, must kill ; 

" Back leaps the sounding string : 
" Missed of the deer, the whistling reed, 
" A nobler prey was doomed to bleed, 

" No less than England's king." 

Forest Richard I. was much addicted to the pleasures of the chase, and, as one of the 

privileges ]j|gijggt favours he could bestow upon his brother John, earl of Morton, he gave bun, 

and^free- ^^ """^ ^^^'^ ^^^1'°' ^^*^ ^^°'^*''^' °^ Lancaster, and the royal prerogatives of forest in this 

holders of countv. Jolm, ha%-ing received so much from liis sovereign, felt disposed to allow the 

shire. knights, thanes, and freeholders of the county of Lancaster to share in the royal 

bounty; and for this purpose he gi-anted them a charter, whereby they and their 

heirs, without challenge of him and his heirs, were allowed to fell, sell, and give, at 

their will, thefr forest woods, without being subject to the forest regulations, 

and to hunt and take hares, rabbits, and all kinds of ^vild beasts, except deer, 

bisse (wild oxen), goats, and wild hogs, in all parts within his forests and demesne 

hays of the county. 

* Lib. de Script. Brit. 187. c. 159. 



Countj) palatine oC aaurasitn-, 249 

Johes Comes Morton Justi? Vicecoib3 Battis Miuistris f omib} chap. 

fidelib} f amicis suis Francis f Anglicis qui sunt f qui venturi L_ 

LANCASTR' sunt sattm sciatis me concessisse f hac Carta mea confinnasse 

omil)3 militis f omib3 thengis f omib} libe tenetib} qui manet in 

foresta mea de Honore de Laucastf qd Possint nemora sua ppa 
assartare vende f dare f in eis lierbergiare p voluntate sua sicut in feodo suo f de 
eis suas voluntates face absq^ omn cahipnia mei vt fiedum nieor vt Ballior nieor 
concessi et eis quietancia rewardi de Foresta pretea concessi eis canes suos f venatu 
leporis f Vvlpis f ominii alia? bestiar (ptqm cervi f cerve f porci silvestf f 
laye f capriot) per totam dcam forestam ext\ dnicas hayas meas Quare volo f finnit 
pcipio qd omes p'dci milites tliengi et libe tenetes f ftedes sui post ipos omes 
p> dcas lifetates heant de me f hered. meis fere f in pace Et pliibeo ne quis Ballior 
meor vel aliq's alius eos inde desturbet Et p hac mea concessione dederut 
Michi Quingentas libf ai'genti. 

T. Rogo de plan Witto de Buchet, Rogo de novo Burgo Ingamo de 

Praeles, Jolie de NevUl David Walens Magro P. do Littelbur 

apud Saleford. 
[Extract from the Rolls of the Duchy of Lancaster, Rot. f. 12.] 

Tliis charter he confirmed to them in the fii-st year of his reign, before the celebrated carta de 
" Carta de Foresta," for ameliorating the rigours of the forest laws, was sketched ; 
and Ids successor, Hem-y III., confinned these franchises to the lieges of Lan- Rot. Par. 

18 Edw 

cashu-e four years after he had signed that charter. These gi'ants, so ratified and n. 17. 
confirmed, were not sufficient to protect " the lieges" against the annoyance of the 
royal foresters, and on the 18th of Edw. II. we find them presenting a petition to the 
king, praying that they may enjoy their chartered privileges without molestation.* 

* Ex Pet. in Pari. 18 Edward II. No. 17. 
A.D. 1324 \ A n're Seigneur le Roi monstre ses liges de Counte de Lancaster, qe com le Roi 
18 Ed II i Johan, tant com il estoit Conte de Moieton, par sa Chartre las graunta, qe eus e lour 

heires, sans chalenge de luy e de ses heires, lour propres Boys poient assarter, vendre, e 
Lancashire doner, a lour voluntez, e qe eus fuissent quitts de reward de Forest ; e ensement q 'il 

puissent chaser e prendre Levre, e Gupyl, e chescune manere de beste de salvagine, 
f'orpris Cerf, e Bisse, e Chevereil, e Pork salvage, tutes partes dedeinz sa Forest en le dit Counte, 
de hors ses demeynes hayes. Et puys apres, mesmes cele chartre en le primer an de son regne 
conferma. E ensement, le Roy Henry, 1' an de son regne trezisme, les dites Chartres recita e con- 
firma. Dount il prient a nre Seigneur le Roi, q 'il luy pleise celes Chartres confermer, e commander 
J) Bref a ces Ministres en celes parties, qe eus ne soient sur les ditz pointz grevez ne chalengez. 

Responsio.] Veignent en Chauncellerie, & monstrent lur Chartres & les Confermements, et le 
Roy se avisera. Coram Rege. 



250 Cf)c S^istorp of tl)t 

CHAP. Tlie parks, forests, and chases* of Lancashire, in the time of the Edwards, 
;_ according to the records in the duchy office, were — 

Wyresdale, Amoundemess, Fidlwood, Croxteth, 

Lonsdale, Blesdale, Symoneswood, Toxteth; 

Quernmore, Derbysliire, Lancaster, 

and inchided in the general term of the Forest of Lancaster, were the forests of 
Bowland, Blackbiu'nshii'e, Pendle, Trawden, Accrington, and Rossendale ; in a word, 
the high region on the eastern side of the county, the successive possessions of the 
houses of Lacy and of Lancaster. 

Though the " Carta de Foresta" and the " Assiza et Consuetudines Forestae," of 
Forest the 6th Edward I. had so far relaxed the rigour of the forest laws, as no longer 
to allow the life of a man to he put on a level with the life of a stag, yet assizes 
of forests were statedly held in this county, at wliich the Justices in Eyre north of 
the Trent presided, and where offences committed against " the vert and the 
venison" were visited with heavy penalties. 

The first of these ancient coimnissions we find, is in the records of the duchy of 
Lancaster, and the document, hitherto mipubUshed, is at once curious for its anti- 
quity, and interesting for its details.f 



FOREST ASSIZE HELD AT LANCASTER, 
15 Edward I. a.d. 1286. 

UNDER THE JURA REGALIA OF PRINCE EDMUND, EARL OF LANCASTER. 



assize. 



Due. Rot. Placita apud Lane 

1.5Edw. I. ,. 1 ,. 

F. 12. die lune a die 

Pasche in xv dies 
Anno r r Edwardi 
quinto decimo. 



" Coram diiis Willmo de Vesey, Thorn, de NormauA-ill 
" et Rico de Creppyng Justic diii Reg itimantibis ad plicita 
" foreste de Lane de fnsgi'ssionib} fcis in eadem foresta ab 
" anno Regni Reg Henr xlvij usq3 ad annu Regni ejusde 
" Reg Ij p quinq} annos usq5 ad temp"' quo pdca foresta 
" data fuit dfio Edmuudo fi-i Reg qui nue est placitata p 
" forestar f \ii-ida subsptos ■sidclt p." 

* The legal distinction between a forest and a chase is this: the latter is under the common law, 
the former under the forest law. 

t When a deer was found dead, either in the forest or in the purlieus, a kind of inquest was held, 
at which the Viridors acted as coroner, to ascertain the cause of its death. The swainmote, an 
inferior court, then sat in judgment upon the accused ; but it was only " The Justice Seat" that could 
inflict punishment. 



Coiintj) ^Jalatine of ^.ancasitfr, 251 

" Fore STAR. Thorn, de Gersino-hm forestar feod f Willm de Dacre qui despon- chap. 

savit filiam f herede Benedti Gernet qui tuc rpris fiut forestar feod '__ 

f p Rogin de Lane. 

" ViRiDAR. Joliem de Oxclyve Adam de Brokholes lierede Rogi de Brok- 
holes, Joliem de Barton fil f ftedem Witti de Barton, Tliofn Bolrun 
fil f hedem, Radi Bolrun f p xxiiij jur loco viiidar electos f eisde 
adjuctos videlt Joliem de Tatlim nillite Tliom Travers, Johem Gentyl 
Gilbtiii de Lane clicum Robtm de Pratis, Robtm de Syngelton, Rogm 
de Wedacre, Robtm de Holaund, Joliem de Ryggemayden, Ad de 
Hocliton, juniore, WiHm de Wytingham clicum Henr le Botiller, 
Robtm de Eccleston, Robtm de Hudersale, Williii de Carleton, Rogm 
de Byllesburg, Johem de Tiinstall, Willfii fil Symois de Boulton, 
Rogm de Stodard, Willm de Clachton, Joheiii de Paries, Willm de 
Hoton, WUlm Banes, f Johem de Eston. 

" Presentatu est f convictu n forestar f viridai- q'' Adam de Carleton, Rogs fil Venacio 

. , . _ 1 ano. r H. 

Rogi de media Routlieclyve f Ricus fi-at ejus qui obijt ceput tres bissas cu lepar xivij. 
Rici le Botiller in foresta dfii Reg sup mossam de Pelyn, Anno R. R. H. xlvij" f 
venacoem portaverit ad domu Rogi ppoiti qui obiit Qui pdcus Adam venit coram 
Justic f sup hoc convict^ lifeatur jv'sone f educf de pJsona est redeptus ad j m f 
iiivenit sex sufficietes man de redepcoe sua f qd deceto? no forisfac in aliq" foresta diii 
Reg put patet in rotto manucaptor. Et pjdcus Rogus fil Rogi no venit nee phis 
attach fuit 33 testat est qd manct in eode com jo. p'ceptf est vie qd heat corpus ejus 
hie de die in die &c. Postea venit p'dcus Rogus fil Rogi cora justic f sup hoc con li. 
p'. f qdou} p aia R. q} paup f invenit maiiuc ut p5, &c. 

" Present est f con &c qd Nichus de Lee Johcs fil. S\Tnonis Jolies de Arkel- 
beck mortuus Rogus frat ejus Witts fil. Juliane de Heysam Walts Gernet supif 
redept^ Ricus fil Wltti de Hoton fuernt in foresta dfii Reg infra duicas hayas anno 
pdco ad malefaciend de venacoe f cepnt cervos f bissas cu arcub} sagitt f leporar 
qm pdci Nichis f Johes fil. Symois venerut coram Justic f sup hoc con li. p 
Postea venerut f sunt redepH Nicliu ad j fil f Johes fil. Symois ad xl. d. f quilt 
eore invenit manue ut patet &^ fsentatu est f con Sif qd pdci Nichus f alij J. m. xi. d. 
cepnt Lu foresta anno pdco damos f damas cu Arcub} sagitt f lepar ext'. diiicas 
hayas diii Reg qm pdcus Nichus venit f dicit qd bu advocac capcoem pdcor 
damor f damar in foresta capt ext. diiicas hayas diii Reg ut pdcm est cii mani- 
festu sit qd tam milites q tliengi f libe tenetes Com pdci possmt cape omiodas 
fera.s silvestr except cervo f bissa capriolo Porco silvesti^ f laya put contuiet". in 



In r. ex. 

xl. d. 
xl. d. 



252 C&e %)i^tov^ of t\)t 

CHAP. Carta dfii. Reg quam ijde Milites f libe tenetes com pdci cofa justiciar ptiilerut 
^^^' et 05 iuvcutu est ^ rotlos ultimi itinSis foreste Robti de Nevill qd p*dci milites f 
libe tenetes hoc ide clamavarut f tiic in respem ponebatur jo ad p sens ponir. in 
respeu. Et test? est qd Rogus de Arkclbek no he nee scit" nee aliquis &^ jo exig. 
Et pdci Witts fil. Juliane f Ricus fil. Witii no venut nee p'us &'. S3 test? est qd 
manet in eode Com Jo p''. vie &^ Postea venit Witts til. Juliane coram Justic 
f sup capcoe dcore Cernore f biss con li p' f est redeptus ad xl. d f im^eii maniic ut 
patet Sc"". Postea testat? est qd Ricus fil. Willi de Hoton no ht n'^ scif" &^ n" aliqs 
&" Jo ex' Postea veS ide Riciis apud NotjTigh coq^ f sup hoc con U p> f est redepf 
ad xl. d. f inuen man Henr de Kyghele f Thom Travers &'. de redempconc 
sua tin." 

This ancient document discloses pretty fully the system of forest jurisprudence. 
We have here the Justices in Eyre, " Justiciarii Itineiantes," north of the Trent, 
assisted by the Foresters of the Fee, in their ministerial capacity, for they had no 
judicial office. To these were added the Vmdors, who presided in the forest courts 
of attacluuent and swainemote, as a kind of initiative tribunal, leaving it to the 
judges to ratify or to annul their decisions. To complete the judicial array, there 
were added twenty-fom- Regardors, or jurors, knights of the forest, chosen by viilue 
of the king s writ, and elected, like the Viridors, by the freeholders in full county. 
The presentments for killing and taldng deer are in the usual style, and amounted 
at this assize to forty-eight in number, a few of which we have selected, as a 
specimen of the remainder. The most remarkable is, the plea set up by Nich. de 
Lee, who, in justification of his conduct, urges the chartered privileges of the 
knights and freeholders of Lancashire,* one of whom he doubtless was. Tliese pro- 
ceedings are so perfectly intelligible as to call only for one observation, and it is this, 
the sanguinary character of the forest laws had been gradually amehorated ever 
since the time of Canute, by the charters of king John, Henry IIL, and Edward I.; 
and, instead of expatriation and death, we find the hea^-iest punishment inflicted at 
this memorable assize, to consist of fine and imprisonment, and those of a very 
moderate nature. In a word, the forest laws, so severely condemned, were less 
rigorous under the Plantagenets than are the game laws of modern times. 

The delights of the chase were enjoyed mth a liigh zest by our ancestors; and 
the following vivid description of the costume and armour of an ancient forester, 
by Chaucer, may be supposed, without any great stretch of imagination, to have 
been suggested on entering upon the chase, in the Forest of Lancaster, during one 
of Ms visits to the bai'onial castle of liis gi-eat benefactor, John of Gaunt, whose 

* See John's Charter, p. 2-15. 



Couixtj) palatine of 2.aitra£(tei% 253 

singular felicity it was, not only to have been the intrepid advocate of John de Wick- chap. 

liffe, the first English reformer, but also the munificent patron of Geoffrey Chaucer, L. 

the first English poet : — 

" And he was clad in Cote and Hode of Grene ; Chaucer's 

" A shaft of Pecocke Arwes bright and kene, tion'of'the 

" Under his Belt he bare full thriftily, costume of 

an ancient 
" Well coude he dresse his takel yemanly ; forester. 

" His Armes drooped not with Fetheres lowe, 

" And in his Hande he bare a mighty Bowe ; 

" A not-hed had he with a broune visage, 

" Of Wood-crafte could he well all the usage. 

" Upon his Arm he bare a gay Bracer, 

" And by his Side a Sword and a Bokeler, 

" A Christopher on his Brest of Silver Shene, 

" A Home he bare, the Baudrick was of grene, 

" A Forister was he sothly, as I gesse." 

Prol. to the Cant. Tales. 

The Lancaster forests, in days of yore, answer with great accuracy to the oescrip- 
description given by Manwood, the elaborate writer on the Forest Laws, when he forest, 
says — " A forest is a certaine territory of woody gi'ounds and pastures, privileged for 
wild beasts and fowls of forest, chase, and warren, to rest and abide in under the 
protection of the king, for his pleasure and recreation." The forest laws of Lan- 
caster and of Pickering are quoted by this authority, as the most perfect model of 
forest jirrisprudence. *' The earl of Lancaster," says he, " in the time of Edward IL 
and Edward III. had a forest in the counties of Lancaster and York, in the wliich lie 
did execute the forest laws as largely as any king in tliis realm did. And even at 
this day, (A. D. 1580,) there are no records so much followed as those which were 
executed by the said earl in liis forests."* 

In much later times we have had an English monarch cUsplaying liis solicitude 
for the preservation of the " vert and venison" in the forests of Lancashu'e. Tlie fol- 
lowing royal warrant, adtkessed to the Master Foresters, Bow-bearers, and Keepers 
of the Forests, Parks, and Chases, in the county palatme of Lancaster, and in other 
parts of the duchy, bearing the signature of king William III. and countersigned by 
the chancellor and the auiUtor of the duchy, will form not an inapt conclusion to the 
(Ugi-ession into wliich we have been betrayed, by the alluring influence of the 
chase : — 

* See " Manwood on the Forest Laws," p. 72, a work which may be consulted with advantage by 
those who wish to obtain more than a popular acquaintance with this subject. 
VOL. I. 2 K 



254 



€\)t l^isitorj) of tlje 



CHAP. 
VII. 




Due. Rot. 
66. 17. 



(M^PCttdlSi Complaint has been made to Us that great Destruction lias 
been made of Our Deer m severall of Our Forre.sts, Chaces & Parks 
Avitliin Oiu' Duchy & County Palatine of Lancaster, and that some of you 
have refused to give an Account thereof. Our Royall Will and Pleasure is, 
that you and every of you, do from time to time, as often as it shall be requii-ed 
of you, give a true and just Account To Our Right Trusty and Right Well- 
beloved Cozen & Counsellor Thomas Eaile of Stamford, Chancellor of Our 
Duchy & County Palatine of Lancaster, or Chancellor for the Tune being, 
Of All Our Deer witliin the FoiTests, Chases & Pai'ks where you are respect- 
ively concerned, and of what Destruction has been made thereof. And at the 
Close of every Season you also give a particular and true Account what Num- 
ber of Our Deer have been killed, by whom, for whom, and by whose Order or 
Authority, and of what Stock is or shall be remaining in Our FoiTests, Chases, 
and Parks wherein you are concerned as aforesaid, that all abuses and ill 
practices may be remedied, and Our Deer better preserved for the future. 
And hereof you are not to faile, as you will answer the contrary at your Perill. 

Given at Our Court at Kensington the 23d day of December, 1697, and 
in the Ninth year of Our Reign. 



Jl 



^Pu AM 




■<4fA\/-vrrui^^^' 




Irrotulatur in Officio Auditoris Dni Regis nunc Ducat, sui Lane, in partib^. Austral 
Vicesimo quarto die Decembris Anno Regni dni Regis nunc Willi tertij Nono Anno 
y9 Domini 1697. 

p Jo. Bennett, And. 

To all Rangers, Master Forresters, Bowbearers, Keepers, &c. of all and 
singular Our Forrests, Chaces, or Parks in the County Palatine, or in any 
part or parcell of Our Duchy of Lancaster. 



Countp |)alatii« of Sniuasttr. 355 



nr CHAl' 
VII. 



Gilbert de Lancastre (son of Reynfr') who had been placed in confinement by kin 
John, found it necessaiy, in order to satisfy the cupidity of the king, to deliver up his 
castles of Hirhull and Kii-kley;* and yet so slow was his persecutor to relax his Gilbert de 
severity, that it was not till two years after tliis surrender, that his prisoner was set at a.d!?2u.' 
liberty-t In tiie following reign this Gilbert was appointed a commissioner, on the 
man-iage of the king's sister to Alexander, king of Scotland. 

The act of Magna Charta, so recently gi-anted by John, was confirmed Ratifica- 
and ratified by Henry III., to whom an aid of one-fifteenth of all the moveables Ma"gna 
of his people was given by parliament in return for this favour, with the rcser- Hen! nif 
vation, that those only who paid the fifteenth should be entitled to the liberties 
and privileges of the charter. To give increased stability to the oblioations of 
tliis engagement between the king and his people, all the prelates and abbots 
were assembled, with burning tapers in their hands, and the great charter beino- 
raised in their presence, they denounced the sentence of excommunication against 
all who should henceforth violate this fundamental law. Then, thro^ving down 
their tapers on the gi'ound, they exclaimed — " May the soul of every one who 
incurs this sentence, so stink and corrupt in hell !" To which the king, who took 
part in the ceremony, added — " So help me God. I will keep these articles invio- 
late, as I am a man, as I am a christian, as I am a knight, and as I am a king 
cro^vued and anointed."')' 

The trial by ordeal, introduced by the Saxons, and continued through so many Abolition 
successive ages, to the outrage of justice, and the scandal of the nation, could now deais^of ' 
no longer be tolerated. The church of Rome, never prone to innovation, was the fvater.' 
first to protest against a standard so fallible. And accordingly we find royal letters 
of the reign of Henry III., addressed to the itinerant judges in the counties of 
Lancaster, Cumberland, and Westmoreland, the north-western circuit of that day, Pat. 
announcing to the judges, that, because it was not detennined previous to the opening m. .5^."Turr 
of the cu'cuit, what form of trial they should undergo who were charged ■with robbery, "" ' 
murder, arson, and the like, " since the ordeal of fire and water had been prohibited by 
the Roman church," it had been provided, by the king in council, that tlie judges should 
proceed in the folloiving manner with persons accused of these crimes : — viz. Tliat 
those charged with the greater crime, and to whom violent suspicion attached, 
should be held and safely confined m prison, but not in such a manner as to incur 
peril of life or limb : That persons accused of other crunes, and to whom, had it not 
been proliibited, the ordeal of fire and water might have been sufl[icient, should be 

1 

* Foedera, vol. i. p. 136. f Foedera, vol. i. p. 146. 

I Matt, of Paris, p. 580. 
2k 2 



256 CJ)f M^tov^ Of t&e 

CHAP, reqiiii-ed to quit tlie realm : And that those charged with minor offences shouhl be 
^^'' liberated on bail. These directions, it was felt, were very vague and general ; but 

as they were all that the council could at the time provide, the judges were left at 

liberty to follow theii' own discretion, and to act according to the chelates of tlieu- 

consciences.* 
Lands be- In this reign the undisputed possession of that great mass of Lancashire pro- 
Mersey perty, the lands between Ribble and Mersey, was conveyed by the family of 
Me. ' Roger de Maresey to lord Randulf, earl of Chester, in virtue of a compact already 

adverted to (see p. 121.), and which is expressed in the following terms : — 

Circa " HiBC est couveutio facta inter dominum Ranulfum comitem Cestrise et Lin- 

15 H. III." colnise, et Rogerum de Maresey; videlicet, quod cHcti comes et Rogerus tradi- 

derunt domino Radulfo de Bray in aequali manu quach-egenta maixas ai-genti, et 

chartam quam dictus Rogerus fecit dommo comiti de vencUtione et dimissione 

omnium terrarum suarum, quas habuit vel habere potuit inter Ribble et Mersey : 

• 3 HENRY III. 

" Rex dilectis et fidelibis suis Philippe de UUetot, & sociis suis, justiciariis itinerantibus 
in coniitatibus Cumberland', Westmerland', & Lancastrise, salutem. 

" Quia dubitatum fuit & non deterrainatum, ante inceptionis itineris vestri, quo judicio deducendi 
sunt illi qui rectati sunt de latrocinio, murdro, incendio & hiis similibus, cum prohibitum sit per 
ecclesiam Romanam judicium ignis & aquoe, provisum est a concilio nostro, ad praesens, ut, in hoc 
itinera vestro, sic fietde rectatis de hujusmodi excessibus. 

" Videlicet, quod illi, qui rectati sunt de criminibus praedictis majoribus, & de eis habeatur 
suspicio quod culpabiles sint de eo unde rectati sunt, de quibus etiam, licet regnum nostrum abju- 
rarent, adhuc suspicio esset quod posted malefacerent, teneantur in prisona nostra & salvo custo- 
diantur ; ita quod non incurrant periculum vitae vel membrorum occasione personae nostrse. 

' Illi vero, qui mediis criminibus rectati fuerint, & quibus competeret judicium ignis vel aqua; 
si non esset prohibitum, & de quibus, si regnum nostrum abjurent, nulla fuerit postea mal^ faciendi 
suspicio, regnum nostrum abjurent. 

" Illi vero, qui minoribus rectati fuerint criminibus, nee de eis fuerit mali suspicio, salvos & 
secures plegios inveniant de fidelitate & pace nostra conservanda, & sic dimittantur in terra 
nostra. 

" Cum igitur nichil certius providerit in hac parte concilium nostr\mi ad prtesens, relinquimus 
discretioni vestree hunc ordinem prsedictum observandum in hoc itinera vestro, ut, qui personas homi- 
num, formam delicti, & ipsarum rerum veritatem meliiis cognoscere poteritis, hoc ordine, secundum 
discretiones & conscientias vestras, in hujusmodi procedatis. 
" Et in hujus rei testimonium, &c. 
" Teste domino P. Winton, 

" apud West', vicesimo sexto die Januarii, anno regni nostri tertio. 
" Per eundem & H. de Burgo justiciarium." 



Counti) palatine of Sancasitfr. 257 

Ita scilicet quod Rogerus sine dilatioiie iturus est inter Ribbel ct Mersey ad depo- chap. 
nendum se de dicta terra, et ad Jaciendmn omnes illos (qui de ipso ibidem tenuerunt) ' 

liomagia sua facere dicto domino comiti, vel fidelitatem ejus ballivis loco suo consti- 
tutis : et etiam seisinam de Boultou cum omnibus pertinentiis dicto comiti facien- 
dam : Quo facto dictus Radulfus de Bray saspe-dicto comiti chartam jkm dictam 
reddet, et eidem Rogero dictas quadraginta marcas: Et si condngat, qudd tenentes 
de dictis tenuris ad hoc quod prsedictum est, domino comiti faciendum per ipsum 
Rogerum adesse noluerunt, saepe-dictus comes, vel ballivi sui, ipsos compellent ad 
hoc faciendum. Et dictus Rogerus ad sumptus domini comitis itinerabit un^ cum 
ballivis comitis, quousque negotium istud, secundum quod prsedictum est, fuerit con- 
summatum. Et ad majorem hujus rei securitatem uterque illorum prsesenti scripto, 
more cheii'ographi, sigillum suum apposuit. 

" Hiis testibus, domino Waltero abbate Cestriae, domino Willielmo de Vernon 
justiciavio Cestrise, Radulfo de Bray, Waltero Dayvill, Ricardo de Biron, Johanne 
de Lexington, Simone et Johanne, clericis." 

[From the Couchir Book of the Duchy Office, Lancaster Place, London, tom. i. 
Comitatus Laucastriae, fol. 77. nmu. 70.] 

Notwithstanding the ratification of Magna Charta, the nation continued much 
agitated, by the intrigues of the nobles witliin, and the hostility of the bordering 
countries from without. To meet tliis emergency, a proclamation Avas issued to the 
sheriflTs of the counties of Lancaster, Cumberland, and Westmoreland, ordering 
them to assemble all those, in their respective jurisdictions, who held of the king in 
cliief to the amount of a knight's fee, to be prepai-ed with horses and arms, to march 
with the king from Chester, on an expedition into Wales, against Llewelyn, and 
other rebels. 

The barons, in the mean time, more anxious about the redress of their own Origin of 
grievances, than the incursions of the Welsh, assembled in supreme council, at sent'ali've 
Oxford, under Simon de Mountfort, earl of Leicester, and, after insisting upon the zngUnl 
strict fulfilment of the ailicles of Magna Charta, demanded, that four knights should be 
chosen by the freeholders from each county in the kingdom, to make inquiries into 
the complaints of the inhabitants, and to present them at the next parhament. They 
also resolved, that three parliaments should be held in every year, including 
burgesses, as well as barons and ecclesiastical dignitaries, the two latter of whom 
had alone been liitherto summoned; that the sheriffs should be annually chosen in each 
county by the freeholders ; that the sheriffs should have no power to fine the barons; 
that no heii-s should be committed to the wardsliip of foreigners ; that no new war- 
rens or forests should be created ; nor the revenues of any counties or lumdreds let 



258 



CI;e f?is!torp of tfte 



CHAP. 
VII. 



The lia- 
rons' 
wars. 
A.D. 12C3. 



Accession 
of wealth 
and ho- 
nours to 
the house 
of Lancas- 
ter from 
the ba- 
rons' 
wars. 



to farai. Tlie king, feeling that the tendency of these extensive measures of reform 
was to abridge the royal power, strenuously opposed their introduction, and the 
matter was finally referred to the pope, by whose decision the gi-eat charter was 
ratified, but the ordinances of the supreme council of Oxford were annulled. 
The barons did not hesitate to resist the award of liis holiness by force of arms, and 
Robert de Ferrars, earl of Derby, was amongst the most distinguished of the insur- 
gents. An association was formed in the city of Worcester, consisting of the popu- 
lace and the leaders of the insurgents, amongst whom were eighteen of the gi'eat 
barons, headed by the earls of Leicester, Gloucester, and Derby, with le Despenser, 
the cliief justiciary. By the terms of their compact they were never to make peace 
with the king but by common consent, and with such securities for then- liberties 
and privileges as those which were contained in the convention of Oxford. A long 
and sanguinary civil war ensued, during which the king was taken prisoner by the 
barons, and obliged to ratify the obnoxious convention. Subsequently, Simon 
de Mountlbrt, earl of Leicester, fell in the contest, and the eaid of Derby 
was taken prisoner. Tliis struggle was, however, essentially conducive to the 
establisluuent of the public liberties, and laid the foundation of our representative 
system of government. The defeat of the barons elevated the house of Lancaster. 
Tlie forfeited title and possessions of Simon de Mountfort devolved by royal favour 
upon Edmund Crouchback, the second son of Henry IIL, and the estates of Robert 
de Ferrai-s, eai'l of Derby, were also conferred upon hmi by the king,* ^vith a grant 
of the possession of the county of Lancaster, but not to the prejudice of Roger 
de Lancastre. 

Llewelyn, piince of Wales, had been deeply implicated with the barons of 
England in theii- wai's against their sovereign, Henry HL, and when Edwai-d L 
ascended the throne, one of the fii"st acts of his government was, to summon 
the Welsh prince to do homage in person to the new king. With this mandate 
Llewelyn refused to comply, except upon the condition, that the king's son, and 
other noblemen, should be delivered to the Welsh court as hostages for his safe 
custody. Edward was in no temper for parley, and, accordingly, we find a summons 
from the king, calling upon Roger de Lancastre to attend upon liis majesty, to 
proceed against the Welsh, who are represented as having risen in rebellion. This 
royal order was followed by a writ of military simmions from the king to Edmmid, 
earl of Lancaster, and the sheriff of the county, announcing, that Llewelyn, son of 
Griffin, prince of Wales, and liis rebellious associates, had invaded the land of the 
lieges in the Marches, and committed murders, and other enormous damages, and 
commanding, that the sheriff do forthmth assemble all that are capable of bearing 

* See p. 124. 



Counti? palatine of Sancaeittr. 259 

arms in the liundieds, boroughs, and market towns, of his slirievalty, to march to chap. 
Worcester, in the octaves of St. John the Baptist, prepared with liorses and 



VII. 



ages. 



The war was continued, with some intermissions, througli several successive Wai «iti, 
years ; and in order to clear a passage into Wales, it appears that a mandate was 
issued by the Idng in tlie year 1282, to the sheriff of Lancasliire, ordering liim to 
provide two hundred woodcutters (coupiatoribus), to cut away the wood, and thereby The Lan- 
to open passes into Wales. These men were to be powerful and active, and each of coupiato- 
them was to come provided with a large hatchet, to cut down the trees. They were '*'*" 
to be chosen in the presence of William de Percy, who was sent specially into the 
county for that purpose; and were to muster at Chester, on Satui-day on the 
octaves of the feast of St. Peter. For this service, the sheriff was to pay, from the Their 
issues of his bailiwick, into the hands of each hewer, three-pence per diem for his '^'^^'''" 
wages.-]" 

At the time when these Lancasliire husbauchuen, of extraordinary powers, were Wages of 
receiving thi-ee-pence a day for their labour, the price of wheat was nine-pence per g^uia"ed'by 
bushel, and, taking the average of wages in England for the six hundred years ^oU^UeZ 
following, it will be found, (unfavourable seasons apart,) that the wages of labour '" ''" 
have generally been in the proportion of a peck of wheat per day. In large towns 
the price of manufacturing labour has often been higher, and in some cases, espe- 
cially amongst the weavers, much lower; but as a standard, none can approach nearer 
than the one wliich is here suggested. Much of obscurity is thrown over liistorical 
and topogi-aphical works on the subject of money, for want of some standard of 
value to which the sums mentioned in different ages may be refeiTed. No standard 
will be found so uneiTing as the prices of wheat and of laboui-, wliich, on being com- 

• This first form of military summons extant, addressed to the sheriff of Lancashire, we present 
entire, as claiming a place in the antiquarian stores of the county : — 

" Forma de exfcitu R sum in Walt. 
" Edwardus Dei gfa Rex Angt Dns HyBn T; Dux Aquit dilecto f ri T, fideli suo Edmiido Com 
Lancastr satm. Quia Lewelinus fit Griflfini P'nceps Wallie T; complices sui rebelles nri Pras nras 1 
fidelium nroj in ^tihy Marchie invaseriit T; de die in diem invadiit T; homicidia T, alia dampna enormia 
ibidem gpet'runt. Et idem Lewelin^ nol5 put deBet obedire, cotempsit T; cotempnit in nri p^judicium 
T; contemptii T; vfi T; alioj fidelium nro|i grave dapnu T; exftradacoem maifestam, p qit jam exPcitum 
nrm sum fecimus qd sit apd Wygorn in Octal) Sci Joliis Bapte px' futur ad rebellione dci 
Lewelini T, fautor suoj rep'mendam : voB mandamus qd dcis die T; loco intstis cii equis T; armis cii 
Servico vro nolj debito pati nofecu exinde pfiscisci in expedicoem nram cont° pdcra Lewet 1 coplices 
suos rebellos nros. T. me ipo apd Wind xii die Decemb anno r. f.. q'nto." 

Rot. Claus. 5 Ed. I. m. 12. d. in Turr. Lond. 
t Foedera, vol.ii. p. 611. 



nes, 



260 Cfte 5?i«>ti3ll) of t\)t 

CHAP, pared in times past vnth the price of those articles in our day, wUl ahvays convey to 

VII . * . 
L. the mind some definite notion, when smus of money ai-e mentioned, of the value of 

those sums at the period under consideration. With tliis view, the following table, 

extracted from the records in the exchequer, and collated with Paris, Walsingham, 

Stowe, Fleetwood, and others, is constructed : — 

CHRONOLOGICAL TABLE, 

SHEWING THE PRICE AT WHICH THE ARTICLES, THEREIN MENTIONED, SOLD IN 

THE YEARS SPECIFIED. 

£. S. d. 

Table of A.D. 1202. Wheat (rainy season) 12 per quarter. 

tixTelZ- 1248. Thirty-seven sheep for the King 18 4 

1253. Wheat fell to 2 6 per quarter. 

1256. Brewers ordered to sell three gallons of ale in the country for a penny. 

12/2. A Labourer's wages OOIJ per day. 

A Harvest Man 2 do. 

1274. A Bible in nine vols, with a Comment . . . 33 6 8 

1275. Rent of the Lord Mayor's House 10 0a year. 

1280. The Chancellor's Salary 40 do. 

1283. An English Slave and his Family sold for .. 13 4 •' 

1285. Grinding Wheat OJ per quarter. 

1286. Wheat, after a great storm 16 per quarter. 

1288. fell to 18 do. 

1294. Wheat (a grievous famine) 10 do. 

Wheat, average in the 13th century, about ..060 do. 
1300. Wheat and Barley 3 4 do. 

Oats 18 do. 

A Primer for the Prince of Wales, now 15 years 1 1 months old, £2 0. 
1302. A Cow 060 

A fat Sheep 10 

A Cock or Hen . • . IJ each. 

1309. A Pair of Shoes 004 

1314. Prices fixed by Parliament,— A fat Ox ... 16 



A Cow £0 12s. Od. 

A fat Hog .... £0 3s. 4d. 
Pair of Chickens . . £0 Os. Id. 



A Sheep .... 1 2 

A fat Goose . . . 2i 

Eggs OJ per dozen. 



This Maxhmim increased the scarcity which it was intended to remove. The growers 
would not bring in provisions, and what was sold was dearer than before. The act 
was therefore repealed in 1315. 



A.D. 1315. 
1326. 



1338. 



1342. 
1347. 
1348. 



1357. 
1360. 



1379. 
1385. 
1390. 

1407. 



1414. 

1482. 
1495. 



1547. 
1562. 

1576. 
1576. 



VOL. I. 



Coiintp |3alatinf of Eantasttr. 

£. s. 

Salt (an unheard of price) 2 

Yearly Rent of Arable Land in Kent, 3d. to . 

Pasture Land 

Meadow Land, 4d. to ... 
Allowance from Edward III. to 32 Students at 

Cambridge 

Wool taken by the King (a forced price) ..02 

Wine 

King's Apothecary, a pension for life ... 

A year of pestilence, — a Horse 6 

a fat Ox 4 

a Cow 1 

a Heifer 

Ransom of David, King of Scotland . . 100,000 

of John, King of France . . 500,000 

A horse for military service 10 

A Master Carpenter, 4d. — his Journeyman ..00 

Wine, white, 6d. ;— Red 

Assistant Clerk of Parliament 5 

Kendal Cloth, from 3s. 4d. to 6 

Wheat, average in the 14th century, about ..06 

Salt 

A Plough 

Wages of a Thresher 

A Priest's stipend, with cure of souls .... 5 6 

without 4 13 

220 Draught horses for 100 

Allowance to Edward the Fourth's Daughter . 1 

for her eight servants 51 11 

Oats 2 

Wheat 6 

Wheat, average in 15th century, as estimated for 

rent, about 7 

Income of the poor churches in York ... 1 6 

Wlieat conversion price 8 

Ale, when Malt was 8s. per quarter .... 

Beef and Mutton 

Veal, eight pence to 1 

Wlieat, average in the 16th century, about . 1 1 
Labour of a husbandman per week, in the 16th 

century 5 

2 L 



261 



d. 


CHAP. 


6 


a bushel. ^''' 


6 


per acre. 


1 


do. 


10 


do. 


2 


per diem. 





perstoneof 141b. 


4 


per gallon. 


6 


per day. 


8 














6 



















2 


per day. 


4 


per gallon. 





a year. 





a piece. 





per quarter. 


7i 


per bushel. 


10 




2 


per day. 


8 


a year. 


4 


do. 










a week. 


8 


a year. 





a quarter. 












8 


a year. 





per quarter. 


2 


per gallon. 


6 


a stone. 










per quarter. 



263 



€f)t lisitort) of t])t 



Average Price of Wheat and Malt per quarter, at Windsor. 

From 1671 to 1680 . 
1681 to 1690 
1691 to 1700 . 
1701 to 1710 . 
1711 to 1720 . 
1721 to 1731 . 

Labour of a husbandman per week, in the 17th century 

These prices of wheat are from the Eton Books, and are for the best grain ; the 
measure also is above the legal standard, so that 7-9ths of the preceding quotations will 
form about the average price of all England. 



CHAP. 


^ve 


VII. 


From 1611 to 1620 




1621 to 1630 




1631 to 1640 




1641 to 1650 




1651 to 1660 




1661 to 1670 



£2 


1 


n 


2 


5 


2 


2 


6 


10^ 


3 


12 


8 


2 


10 





2 


8 


lOi 



£2 10 


8i 


1 19 


U 


2 16 


lOi 


2 3 


2i 


2 4 


11 


2 1 


1 


9 






Average London Price in January:- 



From 



From 





Wheat. 


1732 to 1740 . 


. £1 8 10 


1741 to 1750 . 


. 1 5 8i 


1751 to 1760 . 


. 1 13 3 


1761 to 1770 . 


. 1 13 llj 


Average Price in 




Wheat. 


1771 to 1775 . 


. £2 10 


1776 to 1780 . 


. 1 19 


1781 to 1785 . 


.292 


1786 to 1790 . 


. 2 5 10 


1791 to 1795 . 


. 2 12 11 


1796 to 1800 . 


. 3 12 3| 



Barley. 


£0 15 \l 


14 3 


17 11 


1 2 


and Wales. 


Barley. 


£16 9 


1 


1 4 41 


1 3 51 


1 10 11 i 


1 17 8 



Oats 




£0 


12 


5 





12 


4 





14 


101 





15 


\n 



Oats. 



Labour of a husbandman per week, in the 18th century 



£0 16 


lOj 


16 


6^ 


16 


10 


17 


01 


1 1 





1 5 


2 


11 






AVERAGE PRICE OF WHEAT IN ENGLAND AND WALES, 

In each year from 1801 to 1830 inclusive , from the official returns. 



In 1801 . £5 18 3i In 1809 .£4 15 2 



In 1817.£4 14 4i In 1825. £3 6 5^ 



1802 . 


3 7 


4 


1810 . 


5 6 


2i 


1818 . 


4 4 


2i 


1826 . 


2 17 3f 


1803 . 


2 16 


5i 


1811 . 


4 14 


11 


1819 . 


3 13 


0* 


1827 . 


2 16 10 


1804 . 


3 1 


7 


1812 . 


6 5 


6 


1820 


3 5 


6 


1828 


3 11 lOf 


1805 . 


4 7 


n 


1813 . 


5 8 


5 


1821 . 


2 14 


4 


1829 . 


3 16 10 


1806 . 


4 


n 


1814 . 


3 14 


Oi 


1822 . 


2 3 


H 


1830 . 


3 14 6 


1807 


3 12 


Al 


1815 . 


3 4 


^ 


1823 


2 11 


9 






1808 

inur 0I 


3 19 

a hush 


2 

an dm a 


1816 

n npr wee 


3 15 

k. in th 


5i 
e 19th c 


1824 
enturv 


2 17 





■ • • 


12 



Countp ^3alatint of SLaufastrn 



263 



COINAGE. 



CHAP. 
VII. 



For a further illustration of the Scale of Prices in successive ages, it is necessary to 
show how many pounds, shillings, and pennies have been coined out of a pound troy of 
silver, at different times in England ; and also the degree of fineness of the standard, and 
the times at which the several alterations have taken place. 

Fine Silver 
Before A.D. 1300 a pound of "^ oz. dwt. 
standard silver contained, j 11 2 

28 Edward 1 11 

18 Edward III 11 

20 Edward III 11 

27 Edward III 11 

13 Henry IV 11 

4 Edward IV 11 

18 Henry VIII. . . .11 
34 Henry VIII 10 

36 Henry VIII 6 

37 Henry VIII 4 

3 Edward VI 6 

5 Edward VI 3 

end of 1552. 6 Edw. VI. . 11 

1 Mary 11 

2 Elizabeth 11 

43 Elizabeth 11 



1300. 
1344. 
1346. 
1353. 
1412. 
1464. 
1527. 
1543. 
1545. 
1546. 
1549. 
1551. 
1551, 
1553. 
1560. 
1601. 
1816. 



2 
2 
2 

2 
2 

2 
2 







1 



9 



56 George III 11 



Alloy. 


oz. 


dwt 





18 





18 





18 





18 





18 





18 





18 





18 


2 





6 





8 





6 





9 








19 


1 








18 





18 





18 



£. 


s. 


d. 















3 




2 


2 




2 


6 




5 





1 


10 





1 


17 


6 


2 


5 





2 


8 





2 


8 





2 


8 





3 


12 





3 


12 





3 








3 








3 








3 


2 





3 


6 


0* 



These Rates of English Money, except the last, are taken by Mr. Folkes, from the 
indentures made with the masters of the mint, and consequently may be depended upon 
as authentic ; the last is from the act 56 George III. cap. 68. 

The mines of Lancashire were yet unexplored ; and the most imj^ortant of all coai first 
its minerals, as constituting the principal source of its manufacturing gi-eatness, had "uei! ^ 
lain undisturbed in the bowels of the earth till the reign of Henry III., when coals 
were, for the first time, used as fuel in England. From that period to the present, 
the great coal fields in the south and in the centre of the county of Lancaster have 
continued to be worked, but the full extent of their capacity and utility were not 



A.D.1260. 



* In 1816, the pound of bullion was first coined into sixty-six shillings, of which, however, only 
sixty-two were issued ; four shillings being kept at the mint as a seignorage. 



264 



mn ^Mi^toi\) of tl)t 



CHAP. 
VII. 



Honour of 
knight- 
hood. 

Rot. 
Claus. 
r, Edw. I. 
rn.8. d. 
Turr. 
Lond. 



Rot. Fin. 
21 Edw. I. 
m. i'5. 



Rot. 

Claus. 34 
Edw. I. 
ni. IC. d. 



Commis- 
sions. 



Rot. Pat. 
7 Edw. I, 
m. lU. 



shown till the middle of the eighteenth century, when the agency of steam began to 
be brought into general operation under the powerful geniuses of Crompton, 
Arkwriglit, and Watt, aided by the sldll, enterprise, and capital of Peel, and 
a hundred other names that might be mentioned. 

In the early ages of our history, the honom- of knighthood, with the military services 
to which it was incident under the feudal system, was often forced upon the subject, 
and hence we find that, in the year 1278, a writ was addi'essed to the sheriff of Lan- 
casliii'e, commanding him to distrain upon all persons seized of land of the value of 
£20 per annum, whether held of the king in capite, or of any other lord, who ought 
to be knights, and were not, and all such were ordered forthwitli to talve out their 
patent of knighthood. Fom'teen years after this, a writ was issued, wherein the 
qualification was raised to double the amount, and a writ, dated the 6th of February, 
1292, was issued to the sheiiff of Lancasliire, along ■n'ith other sheriffs, proclaiming 
that all persons holding lands in fee, or of inheritance, of the value of £40 per annum, 
must take the order of knighthood before Cluistmas in that year. One of the pre- 
rogatives of the crown was to relax and to vary these services, and hence a writ, 
addi'essed to the sheriff of Lancashire, was issued, reciting " that the commonality of 
England haraig performed good services against the Welsh, the king excuses 
persons, not hokhng lands of the value of £100 per aunimi, from taking the order of 
knighthood;" but in this writ it was directed, that all holding above that amount, and 
not taking that order before the Nativity of the Vu-gin, are to be distrained upon. 
Subsequently, injunctions were addressed to the sheriff, commanding him to make 
extents on the lands of those who refuse to take the order of knighthood, and to hold 
them for the king until further orders. It must not be supposed that this honour was 
always declined, or that no man's ambition led liim to aspii'e to the distinction. Such 
a conclusion would be eiToneous ; for we find a writ to the sheriff of Lancasliire, of 
the date of the 6th of April, 1305, directing liim to proclaim, that aU who should 
become knights, and are not, must repaii- to lioudon before Whit-Sunday next, to 
receive that distinction, if properly qualified. 

While the contest continued between England and Wales, a number of public 
officers were appointed, called commissioners of aiTay, (arralatores,) whose duty it 
was to aiTay the troops engaged in the war, to preserve the peace in the midst of so 
much agitation, and to communicate the views and intentions of the government to 
the people. Roger de Mortimer, who enjoyed a large share of the royal favour, 
received tlie appointment of conservator of Lampaderoour, in West Whales, which 
appointment was amiounced by letter to the prelates and clergy, in Lancashii'e, thi-ough 
the medium of Reginald de Grey, the captain, in Chester and Flintsliire. 

The necessities of the public treasury, in 1282, obliged the king to demand an 



Countp |3nlatme of 2.nnr(TStfi% 265 

aid by way of loan from the religious houses, and from all the merchants in the chap. 
kingdom, and John dc Ku'keby Avas empowered to declare certain difficult and ^^' 



important matters with which he was entrusted, explanatory, no doubt, of the Idng's j^Jli'ity' 
necessities, to the people of Lancaslm-e. SpeedOj after^^-ards, letters patent were '"''"' 
adch-essed to Robert de Harington, Jolm Byron, and Robert de Holland, appointintv loEdw.L 
them conservators of the peace, pursuant to the statute of Winton, and writs of Venire Rot Pat 
were issued for that purpose.* ^ ^^'■''- '• 

During the contest with Wales, several summonses for military seri'ice were sum- 
issued in Lancashire, the number of which was probably increased by its vicinity to for"f,iil. 
the seat of war. On the 26th of May a writ was sent to the sheriff, reciting an '"j^e '*'^' 
ordinance in council, Avhereby every person holding laud or rents of the value of £.30 Rot. Waii. 
a year, was required to provide liimself with a horse and suitable armour, and to join i" g.^'ck''" 
the king's forces against the Welsh, and even persons unfit for military service were Ko' ^vaii. 
requii-ed to find and to equip substitutes. On the 30th of July, in the same yeai-, a m- 4. 
docket of commission issued, empowering William de Butiller, de Werenton. to press 
1,000 men, capable of bearing anns, into the king's service; from wliich, it woidd 
appear, that the obnoxious practice of imj)ressing men for the navy in latter times 
extended then to the army. The contest with Wales was now at its crisis. On the 
24tli of November, a writ was addressed to the sheriff of Lancashire, requiring liiin to 
send all men capable of bearing arms to march against the Welsh; and Edmund, 
earl of Lancaster, was required to furnisli from his lands in Lancasliire 200 soldiers. 
Early in the following year anotlier levy was called for; and the earl, on the summons 
of the king, was requii-ed to repair with horse and aims to Montgomery: a similar sum- Rot. de 
mens to arms was also addressed to Roger de Lancastre; and to supply the necessary nEdw""!' 
ways and means for this vast expenditure of the government, a commission was '"' ^' 
issued, constituting Henry de Newark and others collectors of the levy of the 30th. 

The skill and perseverance of Edward, seconded by the zeal and constancy of his Conquest 
subjects, at length reduced the Welsh nation to the gi'eatest extremities. Llewelyn, 
finding all liis resources exhausted, his country almost depopulated by the length 
and severity of the contest, and famine rapidly completing the destruction wliich the 
sword had commenced, was obliged to submit to the conqueror ; and the ancient 
Cambrians, after having for 800 years maintained their national independence, 
passed under the English yoke. The title of " Prince of Wales" was now confen'ed 
for the first time on a " foreign prince," and the eldest son of the king of England 
has ever since that period borne this designation. 

* By the statute of Winton, (^Winchester,) passed 13 Edward I. it is, amongst a number of other 
important enactments, provided, that evefy hundred shall be answerable for the robberies and other 
offences committed within its jurisdiction. 

VOL. I. 2 31 



266 €i)t ilK'storj) of tbe 



CKAP. The wars of the crusades, in which England took so large a share, had served to 

di'ain the treasury, and the cost of these holy contests seemed especially to helong 



Jfthe''"" to the church. Pope Nicholas IV. to whom, as the head of the see of Rome, the 
belfefices fii'st-fruits and tenths of all English henefices were payable, granted to Idng Edward I. 
PopefNi-*^ the tenths of tliese henefices for six years, towards defraying the expenses of the cru- 
cUoias. sades. In order to ascertain the full value of the livings, and ultunately to enrich the 
church, his holiness caused a siu'vey to he made, usually called " Pope Nicholas's 
Valor," wliich was completed in the province of Canterbury in 1291, and in the pro- 
vince of York in the following yeai', under the cUrection of the bishops of Winchester 
and Lincoln. This valuable and cmious document is still preserved ; and its con- 
tents, so far as regards the county of Lancaster, will be introduced in that depai't- 
ment of our work which relates to the ecclesiastical liistoiy of the county. How 
far this exhibition of the wealth of the church of England influenced the mind of 
the king, it is impossible now to ascertain; hut in tliis reign the celebrated statute of 
mortmain was passed, by which the clergy were prevented by law from making 
new acquisitions of land for the use of the church. 
New This county had scarcely recovered from the drain made upon its blood and 

treasure by the war with the neighbouring princiiJality of Wales, when it was called 
upon, in common with the other parts of England, to engage in another contest, still 
more formidable, against the combined power of Scotland and France. The causes 
of these long and sanguinary wars, it is not the pro^'ince of tliis liistory to investigate; 
but it may be observed, that the war Avith Scotland originated in a wish on the pai't 
of the English monarch to render that country a tributary state; and that the war* 
with France arose out of the failure of a negociation conducted with the court of 
Paris by Edmund Crouchback, earl of Lancaster, originating in a quarrel between 
two seamen, a Norman and an Englishman, to determine which of them should take 
the precedency in supplying his boat with water from a spring on the baidis of 
the Adour. 
Fresh OiT the breaking out of the war, v\Tits of military service were issued to the 

lIiTcI-" sheriffs, announchig that the king was about to set out for Gascony, to protect liis 
*'"■'''■ inheritance from the kinsr of France ; and all knip-hts, abbots, and priors, holding in 

Rot. Vase. . .. . . . 

2iEdw.i. chief by military tenure, or serjanty, were required to meet the king at Portsmouth, 
Rot. Pat. to embark in this expedition. In the same year, letters patent were sent to the knights 
m. 2!^"^ '' ^"'^ freeholders in Lancashire, announcing that collectors were appointed, of the 
tenths in aid of the war : writs were issued in the early part of the folloA\ing year, to 
sixty-eight persons about to embark with Edmund, earl of Lancaster, to Gascony, 
exempting their goods from the pajanent of tliis impost, and, as a matter of precaution, 
orders from the Idng were issued to the sheriff of Lancashire, reciting, that through 



Counfj) ^3alatine of Sanra£itn% 267 

some religious foreigners, as v.e\\ Normans as others, residing in this kingdom, and chap 

dwelling on the sea coasts, not a little danger had arisen to the safety of the state; L_ 

he was, therefore, commanded to cause such jiersons to remove to the interior Avithont 
delay, and to give up their places to religious English. The sheriffs were also 
conunanded further to ckaw to land all theii' sliips and hoats, wherever they might find 
them, in the sea or any other water, and to cause all their furniture and cargoes to 
he wholly removed, so that the vessels might be of no use. 

The commissioners for assessing and collecting the tenth and the seventh this Rot 
year were, " Magr. Rich, de Hoghton, clerk," and " Rad de Mansfield, clerk;" 24Ed«. i. 
and that the returns might be duly made, Ric'' de Hoghton and John Gentyl were 
earnestly requu-ed to appear in tlieii' proper persons, before the treasurer and the 
barons of the exchequer, on the feast of St. Nicholas ensuing, to do and execute 
those matters which should be mote fully explained to them ; and this they were to 
do as they regarded the king's honour, aiad their own loss of all things, both lands 
and tenements, goods and chattels, and as they M'ould avoid the king's peii^etual 
wrath.* Tlie exactions of the king to carry on the war became burdensome in the Importu- 
extreme ; the tii-st peers of the realm murmured against Ms demands upon their mands for 
purse, and upon theii- personal serAaces ; and to such an excess did their altercations 
arise, that the Idng, in requii'ing the reluctant services in Flanders of his constable, 
Humphrey Bohun, earl of Hereford, and one of the founders of the duchy posses- 
sions, exclaimed — " Sir Earl; by God, you shall either go, or hang!" was answered 
by the earl Avitli equal determination — " By God, sir king, I will neither go, nor 
hang !"t The clergy Avere not more disposed to acquiesce in the arbitraiy exactions 
of the liing and his ministers, than the laity ; in consequence of wliich, numbers of 
them were put out of the protection of the law ; but in order at once to stimulate 
their loyalty, and inflame their fears, Aviits were issued to John de Lancastre, and to Rot. Pat. 
the sheriffs, empowering them to appoint commissioners to reverse the recognizances m. 12. 
of such of the clergy as wished to receive the king's protection, and to arrest and 
imprison all those who liad promulgated excommunications and ecclesiastical 
censures against his ministers. 

* Lancastr. — R dilco t fideli suo Magro Ric de Hogliton, ctco sattem. Mandam® volS in fide 
"X dilecoe quib3 noB tenemini firmil; injungentes qd sitis in ppria psona vra coram Thes T; Baronibj 
nris de SccMo octavo die post festO Sci Niclii |)ximo futur ad ultimu, ad faciend t exequenct ea 
que iidem Thes T; Baron, vot5 tuc ibidem dicent T; injungent plenius ex jjte nra. Et hoc sicut 
honorem nrm T vrm amissionem ijium frag 1 ten bonog 1^ catallosS que in Regno nro tenetis, et 
indignacoem nram ppetuam vitare volGitis nuUo mode omittatis. Et fieatis ibi hoc bre. T. ft apud 
Scpi Edm. XV. die Nov. 

t Rymer's Fcedera, vol. ii. p. 783. 



2G8 



CfK |)i6torj) of tl)e 



CHAP. 
VII. 



News- 
mongers 
denoun- 
ced. 



IMarcli (if 
the A^'rlsli 
tlnoiigli 
Lanca- 
shire 
against 
the 
Scotch. 



Kot. Pat. 
2.5 Edw. I. 
p. 2. m. 



Dawn of 
the com- 
mercial 
and ma- 
nufactur- 
ing great- 
ness of the 
county. 
A.D.1216. 



Rot. Pat. 
25 Edw. I. 
p. 2. m. 



At this early period of our liistory, newspaper.? were unknown, and prosecutions 
against the public press had of course no existence, hut in the 25 Edwai-d I. the 
khig adch-essed a mandate to John de Lancastre, sheriff of the county, announcing, 
that his majesty had learnt, that newsmongers (" froueurs de norelles,'" as they are 
called,) were going about the country, sowing discord amongst the prelates, earls, 
and barons, as well as others of his subjects, endeavouring thereby to chsturb the 
pul:)lic peace, and to subvert the good order of the realm ; which said offences, the 
sheriffs were required to inquire into, and to take order for bringing the delinquents 
to justice. 

From enemies the Welsh had been converted into alUes ; and while the king ivas 
engaged in the French war, an army from Wales was appointed to march against 
the Scots, to carry hostilities into their country. That no interruption might be 
given to that force, letters were adckessed by the king to the sheriffs of Lancashire 
and Yorkshu-e, as well as to those of Nottinghamshire and Derbyshu-e, directing 
them, at their peril, to take care that all bakers and brewers should have a sufficient 
supply of bread and beer in the towns through which the Welsh army had to pass, 
on their march " against the Scottish rebels." In the course of this year, no fewer 
than three rates were imposed : the first, of an eighth ; the second, of a fifth ; and 
the tliu'd, of a ninth of the moveables of the subject ; and William de Quinton and 
Geoffry de Hothaui were appointed assessors and collectors for the county of York, 
while Rob', de Hoyland, Allan le Norreys, John Gcntyl, and Hugh de Clydcrhau, 
with the sheriff of the county, were appointed assessors and collectors for the county 
of Lancaster. To reconcile the people to these accumulated impositions, and to 
assuage the popular discontent, letters were addressed to the sheriff of Lancashire, 
and the sheriffs of the other counties, threcting them to take means for the redi'ess 
of public grievances, the most intolerable of which jjrobably was that of excessive 
taxation. 

At tliis time the resources of the government were principally derived from the 
landed possessions of the people ; but commerce and manufactures, to which in 
future ages the state was to stand so much indebted for its supplies, now l)egan to 
dawn upon the country, and the establishment of the famous commercial society of 
" ]\Ierchant Adventurers," with the partial introduction of the staple manufacture of 
woollens, both in the west and in the north of England, laid the foundation of those 
mighty resources, whicli we shall have occasion, in the future progress of our labours, 
more fully to develop, and which in modern days disthiguish the county of Lancaster 
from all other districts of the world. 

In the time of tlie Edwards of the Plantagenet line, the population of Lancashire 
must have been veiy considerable ; for in this year, the commissioners of array, in 



Count)) |3nlntinf of annra^tfr. 269 

their precepts to Will, de Ormesby, the lung's justiciary, directed, that a levy of chap. 
tlu-ee thousand foot sokUers should he raised in Lancashire, and sent to Newcastle- 1_ 



upon-Tyue, by the feast of St. Nicholas, to be placed under the command of Levy of 
Rob', de Clili'ord, warder of the Scotch marches, adjoining to Ciunberland. The Iiiois in 
following year a writ was directed to John de Warren, earl of Surrey, directing him siiire to 
to march forthwith to Scotland, at the head of the troops raised in Lancashire and in Scotland. 
the neighbouring counties. 

The wai' %nth France having been brought to an end by the mediation of his Tiie king 
holiness the pope, and the peace consimamated by a double marriage, that of Edward \,;mseU at 
himself Avith Margaret, the sister of Philip, Idng of France, and that of the prmce of If'thrfif- 
Wales with Isabella, the daughter of the same monarch, the king was left at liberty Itm"^ 
to turn his un(Uvided attention to the conquest of Scotland ; and for the purpose of Rot. Pat. 
infusing fresh vigour into the operations against that country, Edmund determined m!i<j."' " 
to place himself at the heatl of the English army. No fewer than tlu-ee successive 
Avrits of military summons were issued during the year 1297, to the authorities of 
the county of Lancaster ; the first to the sheriff, the second to Thomas earl of 
Lancastre, and the third to Henry baron de Laucastre, calling upon the levies to 
meet the king at Carlisle, and appointing Rob', de Clifford, the king's lieutenant Rot. Pat. 
(" cheventain") of Lancasliire, Cumberland, and Westmoreland. The spirit of Scot- m. n. 
land sunli under the mighty array that was proceeding against that country, headed 
by a monarch accustomed to conquer. Rb'. Bruce, father and son, along 
with several other nobles, made their- submission to Edward, but John Baliol, 
the king, assembled the flower of the Scotch nobility, together with a large 
portion of the military force of the kingdom, hoping by one mighty effort to expel 
the invaders, and to liberate their country. For this purpose, they made a general 
and simultaneous attack upon the English, under the earl Warrenne, who were at 
that tune besieging Dunbar with a force of twelve thousand men. Undismayed by Scotland 

iT-iTi 1 1 • . subdued. 

superior numbers, the English general advanced to receive them, and a sanguinary 
battle ensued, which issued in the total defeat of the Scotch army, with a loss of 
twenty thousand men. One of the first consequences of this victory was the surren- 
der of Dunbar, and the other fortresses of Scotland soon followed the example. 
Baliol, the king, despairing of his country's cause, resigned his crown into the 
hands of the English monarch, who, on his return from Scotland, conveyed with 
liim the ancient stone of inauguration, which had for so many ages been deposited at 
Scone, aud to which tradition attached the belief, that wherever that stone was 
placed, the monarch in possession of it would govern Scotland. 

Though subdued, the spirit of the Scotch nation was not wholly broken. The 
severity of the English justiciary, Ormesby, and the exactions of the treasurer. 



270 



Zht $)lS!tOll) Of tl)t 



CHAP. 
VII. 



A^ illiam 
M allace 
relieves 
the for- 
tresses 
of liis 
country. 



129S-9. 



Writs of 
military 
summons. 



Rot. 
Claus. 
28Edw.I, 
ra. 14. d. 



Cressiiigliam, rendered the joke of the conqueror intolerable ; and AVilliam Wallace, 
the descendant of an ancient family, whose valour and skill will be remembered 
thi-ough all time in Scotch history, reanimated the spiiits and rallied the scattered 
forces of liis country. The Enghsh army under WaiTenne, consisting of forty thou- 
sand men, having obtained a victory at Anuandale, pushed forward to Stirling, where 
they were encountered by Wallace, on the banks of the Forth, and the greatest jmrt 
of theu" number was pushed into the river at the edge of the sword. After this signal 
victory, Wallace, in liis turn, became the invader ; and the north of England, as far 
as the borders of the county of Lancaster, was laid waste with fire and sword. The 
Idng, on receiving tlds cUsastrous news in Flanders, hastened back to England ; and 
having placed himself at the head of one hundred thousand men, of which our county 
furnished its full complement, he chased the invaders into Scotland, and inflicted 
upon them a signal overtluow at Falkirk. AVaUace, aided by the son of Robert 
Bruce, still kept the field, and, by a kind of predatory warfare, rendered the conquest 
of Scotland any thing but secure. 

No cessation was allowed to the efforts, military and pecuniary, of the inhabitants 
of the north of England ; for, in the two following years, eight writs of military 
ser\-ice were issued, appertaining to the county of Lancaster. Tlie first directed 
the sheriff to proclaim the prorogation of tlie general military summons of the 26th 
September preceding : the second was a writ of military summons to Thomas, eai'l 
of Lancaster, requiring liim to aj^pear at York on the moiTOW of St. Martin : the 
thii-d, addressed to the commissioners of array, ordeiing them to raise two thousand 
foot soldiers in Lancashii-e, to meet at Newcastle-upon-Tyne on the eve of St. 
Katharine, to march against the Scots : the fourth, was a Avrit to the commissioners 
of aiTay, indicating the deteriorated state of the coinage, in which it was announced, 
that if the sohUers le^•ied by the preceding commissions should be unwilling to march 
on account of the bad money then current, (p t malcnn monetam,) or from the 
severity of the weather, the commissioners were to provide them a premium in 
adcUtion to, theu" pay : the fifth, was a summons to Henry earl of Lancaster to repaii- 
to the army : the sixth, a writ to Thomas de Banastre to raise two thousand infantry 
in Lancasliii-e, to meet the king at Ber^^-ick-upon-Tweed : the seventh, a vrr'ii to the 
sheriff of Lancashire, directing that all prelates and other priests, and all ^ridows 
and other women holding of the king, should send substitutes to Carlisle : and the 
eighth, a summons to Thomas, John, and Hemy de Lancasti'e, to meet the king, to 
proceed against the Scots. 

In the following year, commissions were addressed to the sheriff of Lancashii'e, 
impowering lum to siunmons all persons holding lands or rents of the value of forty 
pounds per annum and upwards, to meet the king at Carlisle ; and iu the same year. 



CountP palatuif of Sanrn*rtrr, 271 

the commissioners of array called by various wTits upon Robert de Holand, Matliew chap. 
de Redman, Allan Norreys, John Gentyl, and Robert de Non-eys, to raise in Lanca- L_ 



shire, by separate leAies, three tliousand men, to meet the Iving at Carlisle on the 
Nativity of St. John Baptist, on the day after the Assumption. The oppressive 
nature of these ancient conscriptions may be collected from the royal proclamations 
of the same period, by which Jehan de Seint Jelian, (the king's lieutenant and 
and cheventayne,) in all matters relating to deeds of arms in Lancashire, SiC, Avas 
impowered, along with the earl de Abindon, to amerce those refractory persons who 
refused to perfonn sei-vices, either in defence of the marches, or to act against 
the Scots. 

The writs to the sheriff of Lancasliire, in the two following years, relate i)rinci- Rot. ciaus. 

2'J Edw. I. 

pally to the assessment and collection of the fifteenths, which both the clergy and m. 5. d. 
the laity were called upon to pay to the knights appointed to make the collections. 

Jehan de Seint Jehan having been superseded in his lieutenancy in Lancashire Rot. I'at. 
by John Butterte, letters of credence were addressed to the inhabitants, clerical and ,„. 41"^' 
laical, requiring them to give full faith to the king's clerk, Ralph de Mounton, and 
to Richard le Brun, who were commissioned to declare to them certain weighty Rot. pat. 
matters touching the safety of the country, not explained in the letters of credence, m. 28. 
but wliich, it appears, related to the Idng's determination to undertake a fresh 
expedition against Scotland. One of the first consequences of this confidential 
conununication was a call upon the commissioners of array, William de Dacre, Rot. Pat. 
Henry de Kygheley, and Robert de Hephale, requiring them to raise seven hundred m. 28. 
men in Lancashire, and to send them to Lancaster after the feast of the Invention 
of the Cross ; and all prelates, women, and others unfit to bear arms, but who were 
willing to pay the fine, (twenty pounds for a knight's fee, and so on in proportion 
to theii' possessions,) for the senices done to the lung in Scotland, were to appear 
before the treasurer at York on the morrow of the Ascension ; or otherwise, by sub- 
stitute, with horse and arms, at Berwick. Aided by a large army, and a no less 
powerful fleet, Edward marched victoriously through Scotland, and laid the country 
at his feet. Amongst liis tropliies, the gallant William Wallace became his prisoner, 
and, instead of obtaining that resj)ect to which he was entitled by his courage and 
patriotism, he was conveyed in chains to London, where he Avas tried and executed 
as a traitor. 

The disorganization of society produced by so much intestine wai", exhibited Effects of 
itself on every hand. Crimes were greatly nudtiplied, and Peter de Badbate, 
Etlmund Deyncount, William de Vavasour, John de Island, and Adam de MidiUeton, Commis- 
were judges under a commission of Trailhnston, appointed to hear and detenmne all traiibas- 
offences against the peace in the counties of Lancaster and Westmoreland, as well 



272 €ht %ti^toi-\y of tfte 

CHAi'. as in eight other counties. The number of offenders rendered necessary the utmost 

promptitude in the achmnistration of justice ; and the proceedings of the judges, under 

these commissions, ai-e said to have been so smimiary, as not to exceed the time 
in which their staff of justice, or hasten, couhl he trailed round the room.* 
Robert One formidable enemy still remained in Scotland, viz. Robert Bruce, the 

grandson of that Robert who, in the tune of Bahol, was a competitor for the crown. 
Animated by those principles of resistance to foreign sway wliich had hispired the 
breasts of so many of his countrymen, this ambitious young nobleman collected a 
strong army in Scotland, by means of which he was enabled to expel a large portion 
of the English from tliat country, and to drive their principal army across the 
borders. Edward, roused to desperation by this renewed revolt, when he considered 
his conquest secure, determined to take signal vengeance upon the Scottish nation. 
Edward I. On his march to the north, he took the route of Lancasliii-e, and for some time fixed 

atPres- , . , , -n t^ 

ton. his head-quarters at Preston. From this place the king addressed a letter to his 

holiness the pope, complainmg of the wi'ongs he had sustained from the aixlibishop 
of Canterbury, and claiming reckess. 

Rot. The ticHngs of a new war were communicated to John de Lancastre, by a rat. 

Clans ^ *' ' 

34 Ed W.I. dated the 5th of April, which recites, that " Robertas de Brus," late earl of 
Carrick, and his accomplices, have raised war against the king, with the intention 
of usurping the kingdom of Scotland. To resist tliis aggression, Henry de Percy was 
appointed commander-in-chief under the king, and John de Lancastre was required 
Rot. to assist liim with all tlie horses and arms in his power. At the same time, two 

34Edw.i. writs were adcbessed to the sheriff of Lancaster: the first, requii-ing liim to make 
purveyance of corn, &c. for the king's army, at the public cost ; and the second, a 
letter to the sheriff, archbishops, and other prelates, as well as to women who owed 
military sernce, ordering them to send their substitutes to Carlisle, in fifteen days 
from the Nativity of St. John Baptist, or to appear at the exchequer, and make fine 
for the same. 

* According to Sir Edward Coke, the judges of trailbaston were a sort of Justices in Eyre; and 
it is said, they had a baston, or staff, delivered to them as the badge of their office ; so that whoever 
was brought before them was iraile ad baston, iraditus ad baculum ; whereupon they had the name 
of justices de trail baston, or justiciarii ad tradendum offendentes ad baculum vel baston. Their 
office was to make inquisition through the kingdom on all officers and others, touching extortion, 
bribery, and such like grievances ; of intruders into other men's lands, barretors, robbers, and 
breakers of the peace, and divers other offenders ; by means of which inquisitions, some were 
punished with death, many by ransom, and the rest flying the realm, the land was quieted, and the 
king gained riches tovs^ards the support of his wars. Mat. Westm. anno 1305.— A commission of 
trailbaston vfas granted to Roger de Gray, and others, his associates, in the reign of king Ed. III. 
Spelm. 



11 in. 



Coimtp ^3nlntmc of iCnnrnstcr. 273 

In the Dilclst of all tliis hostility, the Scots and the English were not inrlisposed chap. 

to indulge in then- ancient games of the jousts and the toiu'naincnts. Tlie indulgence L_ 

in these pastimes was thought hy the Idng to indicate a degi-ee of le\ily and fami- 
liarity inconsistent ■with the relative situation of the two countries; and hence two 
proclamations Avere addressed to the sheriff of Lancashu'C, requiring liim to 
announce, that any persons who should engage in these sports until the Scottish war Rot. 
was terminated, would be liable to ai-rest, and that their lands and goods would be 34 i:.iw. i. 

T • 1 1 • 1 1 1 ni. 5. cl. 

seized mto the iang s liantls. 

From Preston the king marched at the head of one of the most powerful annies Marches 
ever seen in Laucashii'e, to Carlisle, and from thence into Scotland. The final con- Scotland. 
flict now approached. Bruce, Avho had procured himself to be proclaimed king, 
and had been crowned in the abbey of Scone by the bishop of St. Anih-ews, met 
the English army at Methven, iu Perthsliire, where a general engagement took Conquers 
place, which ended in the entire overthrow and cUspersion oi the Scots. A number try. 
of the most distinguished men in the country were taken by the English, and 
executed by order of Edward, as traitors ; but Robert Bruce escaped with his life, 
and took shelter, along with a few of his followers, in the Western Isles. 

To complete the conquest of Scotland, Robert de Lathum, Nicholas de Leyburn, 
Will. Gentill, Alan le Norreys, and John de Kirlveby, clerk, commissioners of array 
for the county of Lancaster, were ordered to levy one thousand foot sohliers in this 
county, one hunched and fifty of them from the liberty of Blackburushire, and the 
remainder from the other parts of the county. This force, when collected, was 
ordered to advance in pursuit of Robt. de Brus, into the marches of Scotland, 
Avhere he was lurking. But iu the mean time, the king, in the midst of all liis glory. Death of 
was seized with a mortal siclmess at Carlisle, and there he sun-endered hmiseli to in iiie 

north. 

the universal conqueror. 

One of the legacies left by Edward I. to his successor, was the recently subdued Rot. Pat. 
Idngdom of Scotland ; and, amongst the first acts of the neAv monarch, we find Avrits p. i. in. an. 
of miUtary service addressed to the sheriffs of the counties of Lancaster, Westmore- 
land, Cumberland, and Northumberland, as well within their francliise as without, 
commanding them to assist the custos, Johannes de Britannia, earl of Riclimond, 
the king's lieutenaut in Scotlaud, with horses and arms, for the purpose of resisting 
the malice and insolence of " Robertus de Brus," and his accomplices. Summonses Rot. Scoc. 

2 Ed. II. 

of a still more urgent nature were addressed in the following year to " VVulielmus m. is. d. 
de Acre," " Mattheus de Redeman," and the sheriff of the county of Lancaster, 
urging them to assemble together, with the men of the county, as well horse as foot, 
and to take order for the defence of the Scotch marches, imder the command of 
" GUbertus de Clare," earl of Gloucester and Hereford, 
vol.. I. 2n 



m 12. 



274 



€i)t i^isitorj) of ti)t 



CHAP. 
VII. 



Kot. Scoc. 
4 Ed. II. 
ni. 13. 



Fresh mi- 
litary le- 
vies de- 
manded 
from Lan- 
cashire. 
Hot. Scoc. 
7 Ed. II. 
m. 4. 



Preva- 
lence of 
crime in 
the coun- 
ty- 
Rot. Pat. 
7 Ed. 11. 
p. 2. m. 6. 



Rot. 
Claus. 
8 Ed. II. 
m. 14. d. 



The pay of the forces was made with so much iiTegularity as to dismcline the 
conscripts to the service; but in the year 1310, a commission of array was adthessed 
to " Robertus de Leyburne" and " Mattheus de Redman," along with the sheriff of 
the county, ordering, that three hunch-ed foot sohUers should be " elected," to muster 
on the feast of the Nativity of the Vii-gin at Berwick -upon-T^^•eed, and from thence to 
inarch against the Scots ; their wages to be paid to them by the sheriff, from the day 
that they maixhed from the county of Lancaster, until then- arrival at the place of 
muster. 

The war with the Scots, so long protracted, was now drawing to a crisis. 
Edward II. had placed himself at the head of the English army, and the commissioners 
of aiTay called upon the inhabitants of Lancashii-e for a fresh levy of five hundred 
men, while Yorkshii-e was required to contribute foiu- thousand, Derbyshire one 
thousand, Nottinghamshii-e one thousand, Northumberland two thousand five hun- 
cU-ed, and the other comities in a similar proportion, regulated, no doubt, 
in some degi-ee, by their wealth and population. After due preparation, the 
two armies met at Bannockburn. At first the event of the contest seemed dubious, 
but the English having got involved amongst a number of covered pits prepiu-ed by 
Bruce for their reception, theii- forces fell into disorder ; and the disasters of years, 
suffered by the Scots during the reign of the first Edward, were retrieved in a single 
day. The throne of Scotland was re-e.stabli.shed by this remarkable ^■ictory, Robert 
Bruce reaped the reward of his valour in the loyalty and affection of his people, 
and Edward returned to London to coerce his refi-actory barons, who appeared as 
little cUsposed to submit to liis sway, as were the people he had so lately left in the 
north. 

The description given of the state of the county of Lancaster, as well as of other 
parts of the country, at this period, in the royal proclamations, serves to shew to 
what an extent insuborchnation and lawless outrage were carried. According to these 
documents, malefactors of all classes, as well knights as others, were accustomed to 
assemble unlawfully by day and by night, in large bodies, and to commit assaults, 
and even murders, with impunity. To put an end to these excesses, commissioners 
were appointed in Laucasliire, under the designation of conservators of the peace ; 
and as a healing measure, a letter of credence was issued by the government to 
" Nigellus Owhanlam," chief of escheats, requu-ing liun to obtain full faith for 
" Edmundus le Botiller," justiciar, " Ricardus de Beresford," chancellor, and 
" Magister Walterus de Jeslep," ti'easm-er of Ireland, who were empowered to 
explain to the principal inhabitants certain matters relating to the king and the 
kingdom. Similar letters were also addressed to " Walterus de Lacy," " Hugo de 
Lacy," " Thomas Botiller," and others, whose influence was necessary to maintain 



ter. 



Counti.) ^3alnttne of aanrastcr. 275 

the public peace, under the combined pressure of war and of famine, with both of chai'. 
which the county was at that time afflicted. 

Tlie tide of invasion seemed now about to pour fi'om the north to the south, 
and, instead of the levies being raised to march into Scotland, a commission was 
appointed, whereby " Johannes de Maubray" was empowered to raise all the able- Hot. 
bodied men in Lancaslm-e, between the ages of sixteen and sixty, for the purpose of lo Ed. ii. 
resisting the Scots, in case they should invade tliis kingdom. Shortly after tlie 
institution of this commission, a command was issued to " Thomas" carl of Lan- Rot. 
castre, and to one hunch-ed and twenty-eight other individuals, usually considered lo Ed. u. 
barons, or tenants in capite, ordering them to appear at Newcastle, prepared with 
horses and arms, to proceed against " Rol^ertus de Brus." In the same year, a Rot. 
writ of summons was addressed to Tliomas earl of Lancastre, and twelve other lo Ed. ii. 
barons, convening them to meet at Nottingham, to hold a colloquium, to deliberate "' 
upon matters of state vrith the pope's legate. 

The state of society in Lancasjiire at this juncture called loudly for the appoint- Adam de 
ment and intervention of conservators of the public peace. A species of civU war takes the 
existed in the heart of the county. Adam de Banistre, of the house and family of against 
Thomas earl of Lancaster, in order to ingi-atiate liimself with the king, and to avert Lancas- 
the consequences of his own crimes, invaded the lands of the earl. Having erected 
the royal standard between the Ribble and the Mersey, in opposition to his feudal 
lord, he declared that the earl ■wished to control the king in the choice of his 
ministers, wliich he disapproved ; and numbers of others, friends to higli prerogative, 
embarked in his cause. Having entered the earl's castles, they supplied themselves 
with money and arms, wliich had been deposited there for the use of the soldiers 
who were appointed to march against the Scots. In this way about eight huncked 
aimed men Avere collected, when the earl, hearing of the hostile enterprise, inune- 
diately ordered his knights and vassals into the field. This force did not exceed six 
hundi-ed men ; but they marched vvitliout delay against the insurgents, and, having 
come up with them in the neighbourhood of Preston, they divided themselves into 
two bodies. The force under De Banistre did not wait to be attacked, but fell 
furiously upon tlie first division of the earl's men, which began to give way, when, 
the second division coming up, the fortune of the day Avas clianged, and Adam 
and his followers took to flight, many of them having been killed by wounds in then- 
back, received in their precipitate retreat. For some tune, De Banistre, their 
leader, concealed himself in his barn; but being closely beset by liis enemies, and 
abandoning all hope of escape, he took courage from despaii-, and boldly opposed 
himself to his foes, of whom he killed several, and desperately wounded many 
others ; at length, finding it impossible to take liuu alive, his assailants slew 

2 n2 



CHAP. 
VII. 



His fate. 



Rot. Scoc. 
12 Ed. II. 
m. 6. 



Fresh 
writs of 
railitary 
service. 

Rot. 
Claus. 
13 Kd. II. 
m. 20. d. 

Rot. 
Claus. 
13 Ed. II. 
m. 15. 

Rut. Fin. 
13 Ed. II. 

m. 0. 



War of 
the liarons 
under 
'J'liumas 
earl of 
Lancas- 
ter. 



Rot. Pat. 
15 Ed. II. 
p. 2. m. 25. 



276 €\)t ?l)i5torj) of t\)t 

liiin, and, liaviiig cut oflF liis head, jn-esented it to the earl as a trophy. 
Accorchno- to aii ancient indictment, hereafter to be inserted, the battle between 
Adam de Bauistre and liis adherents, and the adherents of the earl of Lancaster, 
took place near Preston, in the valley of the Ribble ; and the victors so far 
foro-ot their duty to their lord, and then- allegiance to the king, that they entered 
the hundred of Leylaud, and robbed and despoiled various of the inhabitants, 
of property to the amount of five thousand pounds — an uumense sum in the four- 
teenth century, when, as we have seen, a bushel of wheat sold for nine-pence, and 
the yearly value of good arable land did not exceed sixpence per acre. 

The necessities of the state still continued urgent, and a commission of array 
Avas issued, for levying the follov. ing bodies of foot soldiers in the north : — 

In Lancashii-e 1000 

Cumberland 1000 

Northiunberland 2000 

Westmoreland 1000 

Yoik.sliire 10,000 

To support these enormous levies, it became necessary to resort to extraordinary 
means, and writs were addressed to tlie mayors of Lancaster, Preston, and Wigan, 
as well as to all the other principal towns hi tlie kingdom, soHcitiug them to send 
the king as much money as they conld possibly afford, to carry on the almost 
interminable war with Scotland. Tliis corporate contribution, or " Loyalty Loan," 
as it was probably called in that day, was independent of the collection of the 
eighteenths, wliich was proceeding along with it contemporaneously ; for we find in 
the records a Avrit, addressed to the collectors and assessors of the rates, directing 
them to stay the collection in Lancasliii-e, as to those persons who had thek property 
destroyed from the invasion of the Scots, but specifically providing that they alone 
should be exempted. The levy for the scutage, in respect of the general summons 
of the array against the Scots, was also continued, and fixed at the rate of two 
marks for each shield or knight's fee, in Lancashii'e. 

In the turbulent and disastrous reign of the second Edwai'd, the invasion of the 
enemy fi'om without was aggravated by the wars of the barons du-ected against the 
royal favourites within the kingdom. We have already seen,* in that department of 
our history of Lancasliii-e which relates to its ancient barons, that Thomas earl of 
Lancaster, after having headed tlie barons against Piers Gaviston, made a further 
attempt, by force of arms, to remove the De Spencers fi-om the royal councils. 
While this war was pending, a commission was issued to ai-rest and take " Thomas" 
earl of Lancaster, and ten others, liis principal associates in rebellion ; and a Anit 

* Paffe 127—130. 



Countj) ^3alatnie of iCancnstfr. 277 

was at the same time addressed by the king to the sheriffs of Nottingham and chai'. 
Derby, commancUng him to raise the " hue-and-cry" against the earls of Lancaster ^ 
and Hereford, and other rebels, then- adherents, and to biing them to condign Rot. 
p\mishment. Tlie fatal battle of Boroughbridge siin-endered the earl of Lancaster, islEd. ii. 
and his followers, into the Idng's possession ; and the hand of the executioner, with 
the dehnquent's face turned to Scotland, to incUcate that he Avas in league vrilh the His fate. 
Scotch rebels, terminated his career, witliout allaying the general discontent. 

Although it does not appear that the county of Lancaster was the actual scene 
of any of the conflicts between the barons and the king's forces, yet levies of troops 
were called for in the county, to aid the earl's enterprise ; and, in a memorandmn 
of the delivery of the prisoners confined in the king's niarshalsea, and in the castle 
of York, some of whom had been taken in ai-ms against the king, and others had 
sun'endered at discretion, in all about two hundred principal men, it is stated, that 
" Nicholas de Longford," of the county of Lancaster, was fined two hundi'ed 
marks, and that " Ricardus de Pontefracte," " Robertus de Holand," " Johannes de 
Holand," and " Ricardus de Holand," found security for their good behaviour. 
Tiiere is also preserved an ancient inquisition, taken at Wigan, of which the follow- 
ing is a copy, tending stUl furtlier to shew, that neither the laity nor the clergy of 
the county of Lancaster were indifferent spectators of the contest by which the 
kingdom was at that time agitated : — 

R^'iNrdi"'^''™™') Inquisition taken before the king at Wigan, in the county of 
'^2^n"i "' 5 Lancaster, in his presence, and at his command. 

West Derby. — Tlie jurors of the Wapentake present, that, " GilbeHiis de 
Suthen-oriJi," 15Ed. H., sent two men at anus at his own expense, to help the i32i 
Earl of Lancaster against the King; viz. "Johannes filius lioberti le TaUlour de 
Wynequik" and " Ricardus de Plnmpton," and that he also abetted many other 
persons in aiding the Earl against the Kuig. 

The said " Gilbcrtus," being in court, puts liimself upon the country, and is 
acquitted by the jury. 

The jurors present, that, "Robertus de Cliderhou,"' parson of tlie Church of 
Wygan, who, for thii-ty years, was a clerk of the Chancery, and afterwards Eschea- 
tor " citra Trentam," has committed the following offences : — 

Tliat he sent two men-at-arms, well armed, atIz. " Adam de Clidcrhou," his son, 
and "Johannes fil. Johannis de Knolle," to assist the Earl of Lancaster 
against the King, and with them four able-bodied foot soldiers, armed with 



278 Clje li'stoii) of tl)t 

CHAP. sAVords, daggers, bows and an-ovvs. That, on a certain high festival, he preached 

^^ ' to liis parishioners and others, in his Church at Wigan, before all the people, 

tellino- them that they were the liege men of the Earl, and bound to assist 
him against the King, the cause of the Earl being just, and that of the King 
unjust. By means of which harangues, many persons were incited to turn 
against the King, avIio otherAnse would not have done so. 

And the said " Robertus,'" being present in Court, and arraigned, says, that on a 
certain feast day, when preaching in his Church, he exhorted his parishioners to 
pray for the King, and for the peace of the kingdom, and for the Earls and 
Barons of the land; and lie denies sending any men at arms or foot soldiers ; 
and he puts himself upon the Country, — he is found guilty by the Jury, of the 
offences charged in the indictment, — and is committed to prison. 

Afterwards, thirteen Manucaptors undertake to produce Imn on Monday after the 
Octaves oj St. Martin, under the penalty of 1,000 marks, and they also under- 
take to answer for any fine, &c. 

On Avhich day, the said " Robertus" appears in court, and submits to a fine of 
£200. 

Though a truce had been concluded between England and Scotland, the war was 

continued with little intermission ; and in a commission for raising fresh levies in 

this and the other counties, it is said, that, after the conclusion of the truce, the Scots 

had invaded the kingdom, and that Thomas, late earl of Lancaster, and his adlierents, 

(" whose malice is now quelled,") had entered into treasonable conspiracy with 

Rot. Pat. them. The commissioners of array for the county of Lancaster, under the com- 

p"u t.^.^: mission, were, " Richard de Hoghton," " Johan Travors," and " Thomas de 

Lathum," to whom the duty was confided of anning the forces of the county, and 

marching them to their destination. 

ijot. The disorders of the tunes had filled the prisons of Lancashire with inmates, and 

iT^iid. II. writs were addressed from Kii-kham, to the constables of the castles of Liverpool, 

111. 40. <i. jj(jj.jji)y^ fi^(j Clithcroe, (but not of Lancaster,) chrecting them to keep the 

17 Ed. li. prisoners in their respective castles, in safe custody. At the same time a commis- 

(i- sion was issued, under the royal seal, whereby Johannes do AVeston, jun., marshal 

of the household, was empowered to pursue, arrest, and take " Willielmus de Brad- 

shagh" and " Ricardus de Holland," the leaders of chsorderly bodies of armed men, 

who committed gi-eat depredations in the county of Lancaster. This Willielmus de 

Bradshagh soon after appears to have been restored to the royal favour ; for in the 

Rot. Vas. foUoAving year we find a writ addressed to him, stating, that the king has ordained, 

■n. iiVd. ' that " Johan," earl of Warrenne, and others, shall proceed to Lancashire with an 



Coimtp ^alatnif of aanraeitcr, 279 

armed force, for its protection, (against the Scotch invaders, no doubt,) and that chai'. 

" Bradshagh" sliall be one of the commissioners of public protection, " 

The return of the sheriff to a ^mt issued for that purpose, serves to shew, that 

the great landed proi)rietors were, at tlie early part of tlie fourteenth century, very 

few in number : it is as follows : — 

,, T T 1 • < 1 3 Knights and 

" In Lancaslure, ' ° 

(.51 Men at arms. 
" All the above hold lands to the amount of £15 per annum." 

According to a presentment made in the hundred of West Derby, it would Present- 
appear that the sheriffs, in these days, were often remiss in their duty, and that against 
" WUhelmus de Gentil," and " Henricus de Maltou," his predecessor in office, 
suffered certain notorious thieves to be set at liberty upon manucajjtion, though their 
crimes were not mainpernable accorcUng to the law ; and that 0T\'ing to the laxity of 
tlieir administration of the law, several persons in the wapentake avoided making pre- 
sentment of other notorious thieves, to the injury of the peace, and the danger of the 
property of then- honest and well-disposed neiglibours. Norwas this all ; they returned 
ceitain persons as jurors, and on inquests, without giving them warning; and " Gentil" Rot. piac. 
so far presumed upon his office, as to arrogate to himself the election of knights of the m. 72. 
shire ; " whereas," as the instrument charging him Avith these manifold delinquen- 
cies very properly observes, " they ought to have been elected by the county." 

The intrigues of the barons were still actively at work against the king and the 
royal favourites, the De Spencers ; and Henry, earl of Lancaster, the brother and 
heu- of earl Thomas, entered into that conspiracy by which Edward was 
dethroned. The ill fortune of this weak monarch having precipitated him from The king 
a throne to a prison, the earl of Lancaster became his gaoler in the castle of ed. 
Kenilworth. The mildness and humanity of the earl's character iU suited him fiie caii 

. of Lan- 

for this office, wluch he was ordered by Mortimer, the gallant of the perficUous caster 
queen, to surrender into the hands of Mautravers and Gournay, under whose direc- 
tion, if not actually by their hands, the wretched Edward, after having been exj)osed 
to every possible insult and privation, was throAvii upon a bed, and a red-hot iron Edward 
having been forced up his body, he was consigned to death, under agonies so excru- rousiy" 
elating, that Ids shrieks proclaimed the atrocious deed to all the guards of the castle. """'''^''^''• 

One of the first acts of Edward IIL was, to reverse the attainder of Thomas 
earl of Lancaster, and to place his brother Henry in possession of the princely 
inheritance of that illustrious house.* 

But here we must pause, to take a survey of the landed property of the county 
of Lancaster, and the tenures l)y wliich it was held in tlie early part of the fourteenth 
' * See page 134. 



280 CI)f 2?i5torj) of ti)t 

CHAP, century, as deduced in tlie "Testa de Nevill." Of this book it is said, in the 
^"' Records published by liis majesty's commissioners, that "in the khig's remembran- 
cer's office of the court of exchequer, are preserved two ancient books, called the 
Testa de Nevill, or Liber Feodorum, which contain principally an account — 

" 1st. Of fees holden either immediately of the Iving, or of others who held of the 
king in caplte. 

" 2d. Of serjeanties holden of the king. 

" 3d. Of widows and heiresses of tenants iw capite, whose mai'riages were in the 
gift of the king. 

" 4th. Of churches in the gift of the Idng, and in whose hands they were. 

" 5th. Of escheats, as well of the lands of Normans as others, in whose hands 
the same were. 

" 6th. Of thanage, forestry, and other peculiar services and tenures. 

" Tlie entries specifically entitled Testa de Nevill, foi-m comparatively a very 
small part of the whole. A part of a roU, bearing that name, is extant in the 
chapter-house at Westminster, consisting of five small membranes, containing ten 
counties, of which Lancashire is one. The roll appears to be of the age of Edwd. L, 
and these books to have been compiled neai* the close of the reign of Edwd. IL, or 
the commencement of that of Edward III., pai-tly from inquests on presentments, 
and partly from inquisitions on vmifi to sherifl"s." 

The following is a tolerably copious extract and analysis of the contents of the 
Testa de Neville, so far as relates to the county of Lancaster, which may answer 
any popular pui"pose, reser\'ing the oflicial return itself for the Appendix to these 
volumes : — 

\. Fees held in chief of the King, &c. 

Fees in " Agiies de Clopwayt, in Blothelay, Alex de Kyrkeby, Ormus de Kelet, Henr. de 

jiig^i'j,^ Waleton, in TFaleton, Adam Girard, Luke Pointus de Dereby, in Dereby, Adam de Hehne- 
lesdal, in Crossehy, Quenilda de Kirkdale, in Fornehy, Robert Banastr, Robert de Cl3rton, 
in Ley land Hundred, Ahi'ard de Aldholm, in Vernet, Hug. le Norrays, in Blakerode, 
Edwin Carpentar, in Kadewaldesir, Rich de Hilton, in Salford Hundred, Alan de Singleton, 
in Blackhurn Hundred, and Amoundernesse, Rich. Fitz Ralph, in Singleton, John de 
Oxeclive, in O.vcumhe, Roger Carpentar, in Lancaster, Robert Seertne, in Sutherton, Ra. 
Barun, John Oxecli\'e, Oxeclive, Robert, the constable of Hoiferton, in Hofferton, Adam 
Fitz Gilemichel, in Sclitie, Rog. Carpentar, in Lancaster, Rob. de Shertnay, in Skerton, 
Rad. Balrun, in Balrun, W. Gardinar, in Lancaster, Walter Smith, in Hefeld, Rog. 
Gernet, in Hulton, Will. Gernet, in Heschin, Will. & Benedict de Gersingham, in 
Gressingham, Margery, widow of Barnard Fitz Barnard, in Gressinglium. 



Coimti) palatine of Stanrastn-. 281 

" The Earl of Ferars, in the wapentake of Derhij, (and he has sub-tenants,) Almaric CHAP. 
Butler, who has the following sub-tenants — Gilb. de Kulchet, in Culcheth, Alan de Rixton, '__ 



in Richston and Astley, Will, de Aderton, in Atherton, Robt. de Mamelisbury, in Sonky, Fees in 
Roger de Sonky, in Penketh, Earl de Ferrars in Hole Hulesale and IVymlul, Will, de thrkinR. 
Waleton & Will, de Lydyathe in Lydiate & Hekagard, Rich. Blundea in Hyms and 
Barton, Ad. de Molinous & Robt. Fitz Robt. in Thorinton; the heir of Robert Banaster in 
Makerfeld, Wuleton §• Blakehiirnsliire, and has sub-tenants; Will, de Lanton & Rich, de 
Golborn in Langton, Kejium & Herhury ; the Earl of Lincoln (Randolph Earl of Chester) 
in Appleton & Crouton, of the Earl Ferar's fee; of the same fee are, Will, de Rerisbury 
in Sutton & Eccleston, Robt. de Lathun in Knowsley, Hityton, and Torhock, Ad. de Moli- 
neus in Little Crossly, Robt. de Rokeport, Rog. Gernet and Thorn de Bethem in Kyrkehy, 
Sim. de Halsale in 3laghitl, Will, de Waleton in Kirhdale, Will, le Koudre in N^orth 
Meols, Thom de Bethum & Robt. de Stokeport in Raven 3Ieols. 

" Waren de Waleton in TFaleton, Ric. Banastre, Walt, de Hole, Ric. de Thorp, Will, 
de Brexin, Thom de Gerstun, Sim. del Pul in Bretherton, Robt. de Cleyton in Clayton & 
Pemvortham, the abbot of Cokersand in Hutton, Robt. Russel in Langton, Leyland, & 
Eccleston, Robt. Banastre's heir in Shevington, Charnock, and Welch Whittle. 

" John Punchardim in Little Mitton, Ad. de Blakeburn in TFisewall and Hapton, Henr. 
Gedleng in Tunley, Caldcoats, & " Sn. Odiswrtli'," Ad. de Preston in Enttuistle, Ra. de 
Mitten in Altham, Mearley, & Livesay, Robt. de Cestr' in Boiunham, John de Grigleston 
in Kokerig, Will. Marshall in Little Mearley, Gilb. Fitz Henry in Rushton, Hugo Fitun in 
Harewood, Thos. de Bethum in Warton, Will. Deps' in Preesall & Newton; Ric. de Fre- 
kelton in Frekelfon, Qidntinghay, Newton & Eccleston, Gilb. de Moels, Rog. de Nettelag 
& Will, de Pul in Freckelton, Alan de Singilton & Iwan de Frekelton in Freckelton,Wa.ren 
de Quitinghay & Robt. de Rutton in Quitinghay, Alan de Singilton in Quitinghay, 
Newton, & Elswick, Warin de Wytingham in Elswick — The heir of Theobald Walter in 
JVytheton & Trevele, John de Thornbul, Will, de Prees, Rog. de Notesage, Ad. de Brete- 
kirke. Will, de Kyrkeym, Robt. Fitz Thomas, & Will. Fitz William in Thisteldon, Preesall, 
& Greenhalgh. Will, de Merton in Marlon ; Rog. Gernet, Thos. de Bethun, and Robt. 
Stokeport in Bustard Rising. 

" Adam de Bury in Bury, Robt. de Midelton in Middleton,Gilh. de Warton in Atherton, 
the heir of Rich. Hilton in Pendleton ; Thomas de Gretley's tenants, Gilbert Barton in 
Barton, Matthew Haversage in mt langton, Robt. de Lathum in Childwall, Parhold, and 
TFrightington, Rich, le Pierpoint in Rumivorth, Will, de Worthinton in TVorthington, 
Rog. de Pilkinton in Pilkington, Thos. le Grettley in Lindeshcy, in the honor of 
Lancaster. 

" Will, de Lancaster in Ulverston, Matthew de Redeman & Robt. de Kymyers in Yeland, 
Lambert le Muleton in Roiitheclive, Rog. Gernet in Little Farleton, Robt. de Stokeport 
in Gt. Farlton, Ad. de Eccliston, Will, de Molineus, Hug. de Mitton, Ric. de Katherale, 
Hen. de Longeford in Eccleston, Leyrebreck, and Catterall, Ad. de Werninton in JVen- 
nington. Hug. de Morwyc in Farleton & Cansfield, Henr. de Melling in Melling, Rich, de 
Bikerstat in Helmes & Stotfaldechage; Adam Fitz Richard in Bold & Lawerke, Rich. Fitz 
VOL. I. 2 O 



ties, 



282 CfK llEitflfp Of ti)t 

CHAP. Martin in Ditton, Rich. Fitz Thurstan in T/iingwall, Tlios. de Bethum in Bootle, Rich, de 

" Frequelton in Thorp, Rog. de Lacy, 5 knts. fees of the fee of Ciithero, Walter Fitz Osbert, 

Fees in Will, de Wynewyck, Peter de Stalum, Elya de Hoton, the heir of Rog. de Hoton, Alan 

the king. Fitz Richard & John de Billesburgh, tenants of the king, hut no place mentioned; Will. 

de Nevilla in Kaskenemor, Morferth de Hulton in Pendleton, Ric. de Midleton in 

Chetham, Edwin Carpentar in Cadwalesate, Ada de Prest^vych in Prestivych Sf 

Failesworth, Hugh de Blakerode, by charter in Blakerode, Elias de Pennelbury in 

Pendlehury and Chaddertoti, Robt. de Clifton in Clifton, Gospatric de Cherleton in 

Chorleton, Henry de Chetham in Chetham, Will, de Bothelton, Gilbt. de Tonge in 

Tonge, Rich, de Edburgham, the Abbot of Furness in Furness, Ad. Fitz Orm in Mid- 

dleton, Walt, de Paries in Pulton, Will, de Hest in Middleton, the Prior of Lancaster 

in Newton & Aldcliff, the Burgesses of Lane, in Lancaster, Nich. de Verdon in Kirkby, 

Jarnord de Hilton in Pendleton.* 

2. Serjeanties holden of the King. 

Serjean- " Omi de Kellet, in Kellet, Rich, de Hulton, Wapentake of Salford, Roger Carpentar in 

Lancaster, Roger Gernet in Fishivick, Lonesdale, & Wapent. of Derby, Alan de Singleton, 
Will, de Newton; Ad. Fitz Orm in Kellet, Thos. Gernet in Hesham, John de Oxeclive in 
OxcUffe, Robt. de Overton in Overton, Rog. de Skerton, Rog. Blundus in Lancaster, 
le Gardiner in Lancaster, Rad. de Bollern in Bolrun, Thos. Fitz Ada in Gersingham, 
Will. & Benedict, in Gersingham, Margery, widow of Bernard Fitz Bernard ; Walter 
Underwater holds Milnejlet. Ad. Fitz Richard, in Singleton, by serjean ty of Amounder- 
iiess, " Willoch' & Neuton" in Newton, Ad. de Kelleth, son of Orm in Kellet, Henr. de 
Waleton in Walton, Wavertree & Newsham's, Edwin Carpentar in Cadwalslete, Hamo de 
Macy & Hugo de Stotford in Scotforth, Rog. White & Gilbert Fitz Matthew in Lancaster, 
Will. Fitz Dolfin & Will. Fitz Gilbert in Gersingham. The places are not mentioned after 
the following names : Henry Fitz Siward, Robt. de Middleton, Rich. Fitz Henry, Gilbt. 
de Croft, Hugo de Croft, Robt. Pierpoint, Adam de Relloc, & Rog. Fitz John ; Roger 
Gernet in Halton, Rog. le Clerk in Fishivick, Baldewin de Preston in Fishwick, John Fitz 
John in Fishwick, Alan and Rich, de la More in Fishwick, Rog. Fitz Viman in Hesham, 
Tliomas Gernet in Hesham, John de Toroldesholm in Torrisholm, Adam Gerold in Derby, 
Ad. de Moldhal in Crosby, Robert de Curton in Querton, Rog. de Assart in Fishivick, Will. 
Wachet in Fishwick, Will. & Agnes de Ferar, Salford, Clayton, and Neivshcmis, Gervas 
Fitz Simon in Oaxlifi'e, Abbot of Cockersand in Bolrun, Brothers of St. Leonard at York 
in Bolrun, the widow Christiana de Gersingham, Robt. & Will, de Bolrun the Prior of 
Lancaster, Will, le Gardiner & Adam Gernet in J5o/n<H, Rog. Fitz William, Will. Fitz 
Thomas, Will. & Matilda de Paries in Torrisholme, Rad. Bolun in BoV, Margery del 
Beck in Halghton, Robert Seertne in Sutherton. 

' The " Testa de Nevill" mentions several tenants in chief, whose lands, though held of the 
honor, are not in the county of Lancaster, and which are omitted here. 



Countp palatine of 3i.anca£itfi» 



283 



3. Widows and Heieesses of Tenants in capite, whose Marriages chap. 
WERE in the Gift of the King.* 



" Alicia dr. of Galfr. de Gersinarham, Christiana dr. of same Alicia & Thomas de Ger- Widows 
singham, Lady Elevvisa de Stutevill, Oliva, wid. of Rog. Montbegon, Queiulda wid. resses at 
Rich. Walens, Margaret wid. Ad. de Gerstan, Waltania, wid. Rich. Bold, Beatrix de jjgposar 
Milton, Quenilda, wid. Rog. Gernet, Matilda de Thorneton, Avicia wid. Henr. de Stotford, 
Avicia wid. Rog. de Midelton, Eugenia wid. Will, de Routhclive, Eva de Halt, Matilda 
dr. Nicholas de Thoroldeholm, Alicia the wid. of Nicholas, Emma the wid. of Nicholas, 
Sarra de Boterhelton, Alicia wid. Rich. Fitz Robert, Cecilia wid. Turstan Banastr, 
Quenilda dr. Richd. Fitz Roger, Matilda de Stokeport, Lady Ada de Furneys; wid. of 
Gamell de Boelton, Matilda de Kellet, Agnes de Hesham, widow of Hugo de Oxeclive, 
wid. Will. Gernet. 

4. Churches in the Gift of the King, &c. 



" Lancaster ; earl Roger de Poictiers gave it to the Abbot of Sees. 

" Preston ; King John gave it to Peter Rossinol, who died, and the present King Henry 

gave it to Henry nephew of the Bishop of Winton. Worth 59 marks per an. 
" St. Michael upon Wyre ; the son of Count de Salvata had it by gift of the present King, 

and he says, that he is elected into a bishopwrick, and that the church is vacant, and 

worth 30 marks per an. 
" Kyrkeham ; King John gave 2 parts of it to Simon Blundell, on account of his custody 

of the son and heir of Theobald Walter. Worth 24 marks. 



Churches 
in the 
king's 

Rift. 



5. Escheats of the Lands of Normans and others. Escheats. 

" Merton, Aston, ' Henry de Nesketon holds of the king's escheats in the counties of 
Warwick & Leicester, Nottingham and Derby, Lancashire, Cumberland, Westmorland 
and Northumberland.' Fourteen bovates of land in Haskesmores, which Willm. de Nevill 
held as escheats of our lord the king. 

" Hugo le Norreys holds a carucate of land in Blakerode, which is an escheat of the 
king, to whom he pays a yearly rent of 20s. 



* See Chap. II. on Feudal Tenures, " Marcheta Mulierum," p. 81. — If the land-holder left only 
daughters, the king had the profits of relief and wardship ; and had also, if they were under the age 
of fourteen, the tight of disposing of them in marriage. This power was said to be vested in the 
king, in order to prevent the heiresses that were his tenants, from marrying persons that were of 
doubtful affection to him, or that were incapable and unfit to do the services belonging to the land. He 
had also a power of disposing of his male wards in marriage, whose parents had died when they were 
under twenty-one, though without such good reasons for it. But this power of disposing of wards 
of either sex in marriage, as well as the right of wardships, was afterwards very much abused, and 
was therefore taken away by the statute of 12 Car. II., together with the tenure itself by military, or 
(as it was usually called) knight's service. 

2o2 



284 



€l)t fd^tov^ of tl)e 



CHAP. 
VII. 

Peculiar 
services 
and te- 
nures. 



6. Thanage,* Forestry, and other peculiar Services and Tenures. 

" Thomas & Alicia de Gersingham, by keeping the king's hawks in Lonsdale ; Luke 
Pierpoint, by keeping an aery; Adam de Hemelesdale, by constabulary at Crosby; 
Quenilda de Kirkdale, by conducting royal treasure ; Richd. Fitz Ralph, by constabulary 
of Singleton ; John de Oxeclive, by being carpenter in Lancaster castle ; Adam Fitz Gil- 
mighel, by being the king's carpenter ; Roger Carpentar, by being carpenter in Lancaster 
castle ; Rad. Barun, by being mason in Lancaster castle ; Rad. Babrun, the same ; Walter, 
son of Walter Smith, by forging iron instruments ; Roger Gernet, by being chief forester ; 
Willm. Gernet, by the service of meeting the king on the borders of the county with his horse 
and white rod, and conducting him into and out of the county ; he holds 2 carucates of land 
in Heskin; Willm. & Benedict de Gersingham, by forestry; Gilbert Fitz Orm, by paying 
annually 3d., or some spurs to Benedict Gernett, the heir of Roger de Heton, in thanage ; 

* Thanage Service. — Thane, from the Saxon thenian, ministrare, was the title of those who 
attended the Saxon kings in their courts, and who held their lands immediately of those kings ; and 
therefore they were promiscuously called thani et servientes regis, though, not long after the Con- 
quest, the word was disused ; and instead thereof, those men were called Barones Regis, who, 
as to their dignity, were inferior to earls, and took place after bishops, abbots, barons, and knights. 
There were also thani minores, and these were likewise called barons : these were, lords of manors, 
who had a particular jurisdiction within their limits, and over their own tenants in their own courts, 
which to this day are called Courts Baron : but the word signifies sometimes a nobleman, some- 
times a freeman, sometimes a magistrate, but, more properly, an officer or minister of the king. 
" Edward King grete mine Biscops, and mine Earles, and all mine Thynes, on that shiren, v/lier 
mine Prestes in Paulus Minister habband land." — Chart. Edw. Conf. Pat. 18 H. VI. m. 9. 
per Inspect. 

In an Anglo-Saxon writ of William the First, quoted by Spelman from an Abbotsbury MS. the 
term Thegena occurs in the same sense. 

In thanage of the king, signified a certain part of the king's lands or property, whereof the ruler 
or governor was called thane. — Cowell. 

Buchanan says. In former times there was no name of honour higher than the order of knighthood, 
except that of thane, which meant the prefect or governor of a country, and judge of capital oflFences ; 
which, I understand, is still observed by the Danes. — Hist. Scot.fol. 59. 20. 

In the early periods of the history of this country, the payments of the thanes were made regularly 
into tlie public treasury by the sherifl's, distinctly in the name of this class ; hence we find, that in 
13 Henry III. the thanes of the county of Lancaster, through the sheriff, paid a composition of fifty 
marks, to be excused from the tailliage or assessment, which the king, in the exercise of his absolute 
authority, had imposed upon his people. — Thayni de Comitatu Lancastriae, reddunt compotum de 
1 marcis, ut quieti sint hac vice de tallagio, quod Rex super eos assidere prsecepit. Mag. Rot. 
13 Hen. III. titulo Lancastr (ia). Idem Vicecomes (sc. Willelnius de Vesci) reddit compotum de 
quater xx. & xvi. libris, de Dono Militum & Tainorum. Mag. Rot. 5 Hen. II. Rot. 2. h. Tit. 
Northumberland Nova Placita & Novoe Conventiones. In 3 John, the " Theigni and fermarii" of 
the honor of Lancaster, had paid a composition of fifty marks to be exonerated from crossing the sea. 
(Mag. Rot. 3 John. Rot. 20. a.) 



CountL' ^3alntinr of annragtrr. 285 

Heir of Robt. Fitz Barnard, in thanagc ; Rog. de Leycester, by paying 8s. & 2 arrows CHAF. 



yearly; Adam Fitz Rice & Alan Fitz Hagemuiul, in drengage ; Riclid. de Gerardin, in 
drengage ;* Gillemuth de Halitton, in drengage; Adam de Glothic, Will, do Nevilla, Rey- 
ner de Wambwallc, Gilbert de Norton, Rog. de Midelton, Adam de Pikinton, Will, de 
Redeelive, Adam de Prestwich, Elias de Penilbury, Will. & Rog. Fitz William, Henr. de 
Chatham, Alured de Ives, Thomas de Burnul, Adam de Pemberton, Adam de Railing, 
Gilbert de Croft, Gilbert de Kelleth, Matell de Kelleth, Thos. Gerneth, William de Hest, 
and William, son of Rich, de Tatham, all in thanage ; John de Thoroldesholm, by larde- 
nery; Rog. de Skerton, by provostry ; Robt. de Oveston, by provostry ; Rog. White and 
Edward Carpenter, by Carpentry ; Roger Fitz John, by making the king's iron ploughs ; 
Will. Fitz Matthew, by gardenry; Rad. de Botran, by masonry; the burgesses of Lan- 
caster, in free-burgage and by royal charter ; the Prior and monks of Seaton, by roj"al 
charter ; Thomas Fitz Adam, Will. Fitz Dolfin, & Willm. Fitz Gilbert, by forestry ; 
Peter de Mundevill, by service of one "berachet" of one colour ; prior of Wingal, by he 
knows not what service ; Lady Hillaria Trussebut, by no service, and she knows not by 
what warrant ; Henr. de Waleton, by being head Serjeant or bailiff of the hundred of 
Derbj'shire ; Galfr. Balistrar', by presenting two cross-bows to the king ; Will. Fitz 
William, by presenting one hrachet, one velosa, and two lintheamina ; the serjeanty of 
Hetham, Avhich Roger Fitz Vivian holds, by blowing the horn before the king at his 
entrance and exit from the county of Lancaster ; Thomas Gernet, in Hesham, by sounding 
the horn on meeting the king on his arrival in those parts ; Will. Gresle, by presenting a 
bow without string, a quiver, twelve arrows, and one buzon ; Will. Fitz Waukelin, by 
presenting one soaring hawk ; Hervi Gorge, by presenting one plough, one Unthola, one 
velusa, and one auricular ; Roger and Hugh de Auberville, by keeping one hawk." 

In addition to these peculiar services and tenures of the feudal times, many of 
Avhicli sound strangely in modern ears, several religious bouses are enumerated 
whicli held in pure frank alms ; and a still larger number of persons wbo held by 
donation, in consideration of annual rents, as will be seen on reference to the 
" Testa de Nevill." 



See chapter on Feudal Tenures, " Drenches," p. 82. 



VII. 



286 



C&e %}i^tov\> of tin 



Representative history of the county of Lancaster — Hitherto neglected. — Ancient constitution of 
Parhaments. — The dawn of parhanientary representation. — The reform parliament of Oxford, called 
parliamenlum insanwn. — First appointment of knights of the shire. — Constitution of the parliament 
of Oxford. — Its acts. — First writ for the payment of members of parliament. — Opposition given 
to the ancient parliamentary reform. — Borough members first sent to parliament. — How elected. — 
First members for the county of Lancaster, and for its boroughs. — First parliamentary return for 
Lancashire, extant. — First parliamentary writ of summons for Lancashire, extant. — Returns in the 
reign of Edward L — Number of counties, boroughs, &c. then returning members. — Duration of 
the session of parliament. — Frequent parliaments. — Members returned for the county of Lan- 
caster in the reign of Edward II. — Lancashire borough returns in this reign. — ^The high sheriff" of 
Lancashire assumes the power to elect members for the county. — Presentment against him for this 
and other ofTences. — Lancashire county members in the reign of Edward III. — The duration of 
parliaments. — False return for the county made by the under-sheriflPs. — The king, and not the com- 
mons, decides on disputed elections. — Peers of parliament temporal and spiritual. — The boroughs 
of Lancashire cease to return members. — The reason assigned. — Payment of the wages of mem- 
bers of parliament. — Returns in the reign of Richard II. — Writ of summons, not to the 
sheriff, but to John of Gaunt, duke of Lancaster. — Members for the county in the reign of Henry 
IV. — The lack-learning parliament. — Lancashire members in the reign of Henry V. — of Henry 
VI. — Qualification of electors for knights of the shire fixed. — County members in the reign of 
Edward IV. — Returns lost from 17 Edward IV. to 33 Henry VIII. — County members from 
1 Edward VI. to 16 Charles I. — The ancient Lancashire boroughs, consisting of Lancaster, 
Preston, Liverpool, and Wigan, resume the elective franchise 1 Edward VI. — Newton and 
Clitheroe added to the boroughs of Lancashire. — Nomination boroughs. — Dame Packington's 
nominees. — Claim of the chancellor of the duchy of Lancaster to nominate members for Leicester. 
— Representation of Lancashire during the commonwealth. List of knights of the shire for the 
county of Lancaster, from the Restoration to the present time. Political character of the county 
representation. Alterations made in the representation of the county and boroughs of Lancashire 
by the Reform Bill of 1831. 



CHAP. 
VIII. 



Repre- 
sentative 
history of 
Lanca- 
shire 
hitherto 
neglected. 



E have now arrived at tliat period when the 
representative system began to prevail in the 
English parliament, and when this county, by 
its freeholders and burgesses, obtained the 
privilege of returning members to the senate, 
tharged with the duty of making known the 
public will in that assembly, in order to promote 
the interest of the gi-eat commimity for wliich 
it legislates. None of the English counties 
presents a more interesting representative his- 
tory than the county of Lancaster; and yet tliis subject has liitherto been either 
entirely neglected, or has been treated in so vague and desultory a manner, 




Counti.' |3alntmr of aanrnstrr. 287 

as to have neither uniformity nor connexion. To supply this deficiency, much chai». 

. . VIII 

laboui- has been required in cxamiuhig and collating the public records; but L 

that labour has been amply rewarded by the mass of facts which these documents 
contain, and by the satisfaction wliich is generally found to flow from the fouutahi 
head of authentic information. 

So early as the Saxon heptarchy, a species of parliament existed, as Ave have Ancient 
already seen, under the designation of the Witena-Gemot, or " Council of Wise ment's. 
Men," by whom the laws were enacted. This assembly consisted of the comites or 
eaiis, the herecUtary representatives of counties, assisted by the prelates and abbots, 
and the tenants in capite of the crown by knight's ser^dce. Tlie disposition of such 
an assembly would naturally incline them to sanction the edicts of the sovereign; and 
it is highly probable that liis Avill generally served as theii* law. 

After the Conquest, the first William, and his immediate descendants, called to 
then* " Great Council," the Norman barons and the dignified clergy, Avith tlie 
mihtary tenants. This council, or " King's Court," as it Avas called, (the tenn 
Parliament not having then come into use,) assembled tlu-ee times in the year, 
namely, at Christmas, Easter, and Wliitsuntide. 

The barons and other tenants in chief of the king, enimierated in Domesday 
Book, amount to about scAcn huucbed. These persons possessed all the land of 
England in baronies, except that part which the king reserved in liis OAvn hands, and 
which was called " Terra Regis," and has since been called the " ancient demesne" 
of the crown. Tliese tenants in chief, per baroniam, as well the few w'ho held in 
socage as those Avho held by military serA^ce, composed the gi-eat council, or parlia- 
ment, in those times ; and Avere summoned by the king, though they had a right to 
attend Avithout summons. The landoAATiers of the second, thu-d, and other inferior 
classes, being all tenants, or vassals, of this upper class of landholders, though by 
free and honourable tenures, similar to those by Avhich then- lords themselves held of 
the king, were bound by the decisions of their upper lords. The landed interest 
alone was represented in the national councils; there were at that time no representa- 
tives, either of the cities, or boroughs, or of the trading interest, Avhich were consi- 
dered too insignificant to be represented in the great council.* The representation 
of such places was an innovation introduced iu the early part of the fourteenth 
century by Simon de Montfort, and the reforming barons of Ins day. 

It is true that these barons Avere actuated in some degi-ee by ambitious motives, The first 
and that then- conduct partook of the revolutionary turbulence of the age in Avhich padia-°*^ 
they lived; but they were the legitimate descendants of those illustrious pahiots, who rXm^ 
AA-rung fiom king John the charter of British freedom. Tlie reforms they introduced 

* Aichreologia, vol. ii. p. 310. 



288 



CI)f W^tov^ of tl)t 



CHAP, were parts of the same system; the one the natm-al efTect of the other, and both 

VIII. 

L flowing from tliat spiiit of " popular encroachment," which does not, and which 

ought not, to rest, till its fair claims are satisfied. In this way the dictation of the 
barons, and the discontents of the suhortHnate orders of society, were overcome ; and, 
though in an age of comparative darkness, Edward I., the " Justinian of England," 
whose sagacity enabled him to mark the signs of the times, did not hesitate to declare 
in his Wilts to the sheriffs for the return of burgesses to parliament, " that it was 
a most equitable rule, that that wliich concerns all should be approved of by all." The 
best security against undue democratical encroachment, is to be found in the conces- 
sion of those reasonable immunities which time and cuxumstances render necessary 
to the improved state of society. By this temperate extension of the popular rights, 
the Aisionary projects of John Ball and Wat Tyler, which soon after arose, were 
defeated; and the representative system of England has remained ever since essen- 
tially unaltered, till an enlargement of the elective franchise Avas rendered necessary 
b}' the altered state of society in commerce and in manufactures. That five 
centuries more will pass over before any new change will be required in the 
constitution of parliament, it would be presumptuous to declare ; but all history 
bears out the fact, that the best security against frequent changes is to be found in 
those large and liberal grants to pojjular claims, which satisfy the reasonable, and 
■withcU'aw from the schemes of the visionary all the support they derive from public 
sympathy, when mixed up with real and generally admitted giievances. It is 
equally demonstrable from liistorical experience, that danger to the stability of a 
government never arises from timely reforms, cheerfully acquiesced in on the part 
of the governing powers, but that the great danger consists in a pertinacious resistance 
of those ameliorations. 

If the ancient house of Lancaster, instead of aiding the bai'ons in their efforts to 
establish the representative system in England, seized upon and appropriated the 
estates of the principal of them (the earl of Leicester and the earl of Derby,) to their 
own use; it must be admitted that the modern duke of Lancaster has done more, and 
with a better grace, than any monarch that ever swayed the British sceptre, to 
extend and consolidate that system. 

In the time of Henry III. abuses in the government had been suffered to accu- 
mulate, tin, according to the contemporaiy liistorians, " justice itself was banished 
from the realm; for the wicked devoured the righteous, the courtier the rustic, the 
oppressor the innocent, the fraudulent the plain man, and yet all these tilings 
remained unpunished. Evil counsellors wliispered into the ears of the princes, that 
they were not amenable to the laws. The subject was oppressed in vaiious ways, 
and, as if these sycophants had conspired the death of the king, and the destruction 



Accumu- 
lated 
abuses in 
the go- 
vernment. 



Count!) ^aalatint of aanrasitfr* 289 

of Ms throne, they encouraged him to disregard the devotion of liis people, and to chap. 
incur their hatred rather than to enjoy their alfection,"* In adcUtion to tliese ^^^^' 
grievances, the kingdom was deeply involved in deht, and the king stood in need of 
fresh contrihutions to carry on liis wars, wliich the barons refused to gi-ant till the 
public grievances were redressed. 

Overwhelmed with difBcnlties, Henry issued his mandate for holding a parlia- The re- 
ment at Oxford. Of this parliament, so celebrated in history, and particularly in Hamenrof 
the representative liistory of England, it is recorded, that " the grandees of the ^^^°'"^' 
realm, major and minor, with horses and arms, were convened at Oxford, together June n, 
with the clergy, to make pro^dsion and reformation, and ordination of the realm: and '^'^' 
on theii- oath of fidelity were exhibited the articles, which in the said realm stood in 
need of coi-rection." This parliament, owing to the popular excitation under wliich 
it was assembled, and to all the members coming di'essed in armour, and mounted as 
for battle, obtained the name of parliamenium insanum ; but there was a method in their 
machiess, and one of their first acts was to ordain, that four knights should be chosen First ap- 
by each county, whose duty it should be to inquire into the giievances of the people, of 'knTghts 
in order that they might be redi-essed, and that they should be returned to the next shhe! 
parliament, to give infonnation as to the state of their respective counties, and to 
co-operate in enactmg such laws as might best conduce to the public good. Some 
approach had been made towards this state of things in the time of king John, when 
the knights were appointed to meet in their several counties, and to present a detail 
of the state of those counties to the great council ; but here they were not only to 
present their complaints, but, by being made a component part of the legislative body, 
they were to contribute from their local knowledge to the removal of those wi'ongs 
which it was then- duty to present. 

In this parliament at Oxford, twenty-four persons were elected; twelve on the Constitu- 
part of the king, and as many on the pail of the community, for the refonnation of p'ariia- 
public abuses, and the amendment of the state of the realm. Oxford. 

" The elected on the part of the king " Tlie elected on the part of the barons 
were — were — 

The lord bishop of London, The lord bishop of Worcester, 

The lord elect of Winton, Su- Simon, earl of Leicester, 

Sfr Henry, son of the king of Almaine, Sir- Richard, earl of Gloucester, 

Sii- John, earl of WaiTcnne, Su- Humplu-ey, eail of Hereford, 

Sii- Guy de Lesignan, Sir Roger Mareschal, 



* Ann. Burton, anno 1258, p. 424. 



VOL. r. 2 p 



290 3EfK i^i^toi-j) of tftf 

CHAP. Sii- Wm. (le Valence, Sii- Roger de Mortimer, 

'^"^- Sir Jolin, earl of Wai-wick, Sii- Geoffiy Fitz-Geoflfry, 

Sii- John Mansel, Sir Hugh le Bigot, 

Friai- John de Derlinglon, Su- Richard le Grey, 

Tlie ab])ot of Westminster, Su- WiUiam Bardulf, 

Sii- Hugh de Wengham, Sii- Peter de Montfort, 

[The twelfth is wanting.] Sir Hugh Despenser." 

Their acts. Amongst a vai-iety of other decrees, the twenty-four enacted that the state of the 
holy church be amended ; that a justiciar be appointed for one year, to be answerable 
to the kino- and his council during liis term of oflSce ; that a treasurer of the exche- 
quer be also appointed, to render account at the end of the year ; that the chancellor 
shall also answer for liis trust; that sliii-e-reeves be pronded in every county, 
trusty persons, freeholders, and vavasors,* of property and consequence in the 
county, who shall faithfully and honestly ti-eat the people of the county, and render 
their accounts to the excliequer once every yeai- ; and that neither they, nor theii- 
bailiffs, take any hii-e ; that good escheators be appointed, and that they take notliing 
from the goods of the deceased out of the lands which ought to be in the king's 
hands ; that the exchange of London be amended, as well as all the other cities of 
the king, which had been brought to disgrace and ruin by talliages, and other 
extortions ; and that the household of the king and queen be amended. t 
Of the parliaments, they ordaiu : — 

" That there be tlu-ee pai-liaments in the yeai-: the fii-st, upon the octave of 
St. Michael ; the second, on the mon-ow of Candlemas ; the third, on the first day 
of June. To these three pai-liaments shall come, the counsellors elect of the king, 
though they be not commanded, to see the state of the realm, and to manage the 
common business of the realm, when there shall be need, by the command of the 
king." 

" That the community do choose twelve prode men (opulent persons), who 
shall go to the parliaments, and attend at other times when there shall be need, 
when the king or liis council shall command, to manage the business of the king, 
and of the realm ; and that the community hold for stable that which these twelve 
shall do ; and this to spare the cost of the commons. Fifteen shall be named by 
the earl mai-eschal, tiie earl of Wai-wick, Hugh le Bigot, and John Mansel, who are 
elected by the twenty-four, to name the aforesaid fifteen, who shall be of council of 

* Vavasors were persons who held lands by military tenure of other persons than the king. 

t See cap. vii. p. 257. 



Countj) |3alatinf of aniun^tcr. 291 

tlie king ; and they shall be confirmed by them, or by the greater part of them ; and chap. 

they shall have power from the king to give them counsel in good faith concerning 1_ 

the government of the realm, and all tilings belonging to the king and kingdom ; 
and to amend and re(kess all things which they shall see want to be amended 
and redi-essed, and be over the high justiciar, and over all other persons ; and if they 
cannot all be present, that which the gx-eater pail shall do, shall be firm and 
stable." 

The unconstitutional power assumed, of choosing the responsible ministers of the 
crown — for in no other light can the functions of these " twelve prode men" be consi- 
dered — gi-adually fell into disuse, though the time when that authority ceased is not 
very accm-ately defined in liistory. In November of the same year, after the disso- 
lution of the memorable parliament of Oxford, writs were issued from the king's 
chancery to the sheriffs of England, commanding them respectively to pay First writ 
" reasonable wages" to the knights delegate for their journey to parliament, upon payment 
the affaii's touching their several counties. This is the first known writ " de e.rpensis,'" bers' cx- 
and it is of the same tenure as that of subsequent times, when it became essential to p^°^**" 
parliament to have in it the representatives of the counties, chosen by the freeholders ; 
but the writ for Lancasliire, issued on this occasion, is lost, and ^lith it the names of 
the knights returned for the county. 

The Idng and Ids courtiers, headed by liis brothers, and countenanced by his son opposi- 

,, -iiiii 1 ''<"! giveu 

lidward, the heu'-apparent oi the crown, resisted, to blood, the attempts made to to the re- 
reform the parliament, and to redi'ess the public grievances, accomj^anied, as these of Henry 
attempts were, vriih measures for subverting the royal prerogative, and establisliing 
an aristocratical oligarchy. Tlie progi'ess of refoim in the constitution of parlia- 
ment was not, however, materially retarded by tliis resistance. It had always been 
the avowed intention of Simon de Montfort, earl of Leicester, and Robert de Ferrers, 
earl of Derby, to confine the executive power within the limits of the law, and to 
have all the acts of the king confirmed as well by the representatives of the county, 
as by the barons spiritual and temporal ;* and in the parliament of Worcester, called 
" Montfort's PaiUament," held in 49 Henry III., it was enacted, that each sheriff, a.d.i2C4. 
throughout England, shoiUd cause to be sent to the parliament two knights (not 
four,) elected by the fi'eeholders, with two citizens fi-om each of the cities, and two Borougii 

1 niembers 

burgesses from each of the boroughs, throughout England. By these means, the first sent 
respective orders in the state had an opportunity of expressing the public will ; and mem. 
in an assembly so constituted, and of wliicli the lords spiritual and temporal formed a 

* According to Selden, there were, in 1262, one hundred and fifty temporal, and fifty spiritual 
barons, summoned to parliament to perform tlie service due to their tenures. 

2 p 2 



292 COf ?i}i£(torj) of ti)t 

CHAP, part, the due consideration of the public good was effectually secured.* It hap- 
1_ pened, however, that in these early parliaments the expense incurred by the com- 
munities of the counties, cities, and boroughs, from the attendance of their members 
in pai'liameut, was often considered oppressive ; and hence we find, that many poor 
boroughs, particularly in the county of Lancaster, had no members ; the reason 
alleged being, that they were unable to pay their expenses, on account of their 
debility and poverty. 
Hon- The boroughs for which returns were made were principally " walled towns," 
held of the king in ancient demesne ; and the only places in Lancashire entitled to 
the privilege, if that could be considered a privilege which was felt as a 'public 
burden, were, Lancaster, Preston, Liverpool, and Wigan. The inhabitants of the 
borouglis, under the feudal system, were, for the most part, villeins, either in gi'oss, 
or in relation to the manor in which the town stood, and belonged to some lord.f 
The former held houses, called burgage tenui'es, at the will of the lord, and carried 
on some trade, such as cai'penter, smith, butcher, baker, clothier, or tailor, and the 
election of members was in the inhabitants of the burgage tenures, so far as they 
were free agents. There were also in these boroughs, certain free inhabitants who 
held burgages, and were in consequence invested with the elective franchise. In 
incorporated cities and boroughs, the right of election was generally in the corporate 
body, or freemen, as they Avere called, subject to such limitations, however, as the 
charters imposed. When the wages of the members representing the cities or 
boroughs were paid out of the rates, the election was in the inhabitant householders 
pa^-ing those rates, and the riglit of election was hence designated " scot and lot 
sufii'age." 
The sub- lu treating the subject of the county representation from the fii'st return 
treated! to parliament made by the sheriff of Lancashire to the present time, the most 
clear and satisfactory mode will be to take the reign of each of the early kings 
separately, and connect with the Hsts in each reign such other liistorical matter as 
may be presented on the subject : and 1st. Of the parliamentaiy history of the 
reign of 



* In former times, both lords and commons sat together in one house in parliament, says 
Sir Edward Coke, in his 4th Institute, 23; but this is clearly a mistake, as is shewn by Sir Robert 
Cotton and others, and as is decidedly proved by 6 Edward III. n. 3. Pari. Rol., where it is said — 
" The bishops by themselves, the lords by themselves, and the commons by themselves, consulted, 
and advised the king touching the war with Scotland." So that in reality the early parliaments of 
England consisted not of one house, but of three houses. 

t Archeeologia, vol. ii. p. 31.5. 



CtiimtL) |3alatmf of Saiuasitrn 293 



Edward I. 



CHAP. 
VIII. 



Although the return of liuights aud burgesses summoned to parliament by ■\mt, 
commenced as eai-ly as 49 Henry III.,* no original return made by the sheriff for a.d. 1204. 
this county, or for its boroughs, is found in any of the public records till 23 Edw. I. a.u. 1-295. 
The first return of members for this county is to the parliament at Westminster, 
appointed to assemble on Sunday next after the feast of St. Martin; and it First 
announces, that " Matthew de Redman," and " John de E^^yas," were elected for the 
knights for the county of Lancaster, by the consent of the whole county, who have auj'bo- 
full and sufficient power to do for themselves, and for the commonality of the county Lanca- " 
aforesaid, what our lord the king shall ordain by his coimcil. **"'*■ 

" That the aforesaid Matthew was guaranteed to come on the day contained in 
tlie writ, by Thomas, son of Thomas de Yeland ; Thomas Fitz Hall ; William 
Fitz Adam; and William son of Dake," (in confinnation of wliich they affix their 
marks, the manucaptors, or sureties, for the members not + 

being able, probably to write their own names) . -I- 

" And that the aforesaid John was guaranteed by John de Singleton, Richard de 
Grenel, Roger de Boulton, and Adam de Grenehulles." 

The sheriff's return adds, " There is no city in the county of Lancaster." Borousii 
It then proceeds to say, " That Lambert le Despenser and William le Despenser, ter. 
burgesses of Lancaster, are elected burgesses for the borough of Lancaster, in 
manner above said. And the aforesaid Lambert is guaranteed by Adam de le 
Grene and John de Overton; aud the aforesaid William is guaranteed by Tliomas 
Molenduiar and Hugh le Barker." 

That " William Fitz Paul, and Adam Russel, burgesses of Preston, are elected Borougi. 
for the borough of Preston in Amounderness ; and the aforesaid WilHam is guaran- ton. 
teed to come as above by Richard Banaster and Richard Pelle. And the aforesaid 
Adam is guaranteed by Henry Fitz Baldwin, and Robert Kegelpin." 

That " William le Teinterer, and Henry le Bocker, burgesses of Wigan, are Borough 
elected for the borough of Wygan in the manner above said. And they are giiai-an- 
teed to come by John le Preston of Wygan, Adam de Cotiler, Roger Fitz Orme, and 
Richard Fitz Elys." 

That " Adam Fitz Richai-d and Robert I inklowe, burgesses of Liverpool, ai'e Borough 
elected for the borough of Liverpool. And they are guai-anteed to come, in the tune pool. 

* Prynne."s Enlargement of his 4th Institute. 



294 €i)t W^tov}} of tOe 

CHAP, specified iii the ^mt, by John de la More, Hugh de Molendino, William Fitz Richard, 

and Elias le Baxster."* 

Rot. Pari. There is a copy of a writ and return, in 1294, for Cumberland, and amongst the 

22Edw.i. .gjjjjg retui-ned for that year are — Matthew de Redman-j and Richard de Preston, 

as knights of the sliii'e. 
First Par- The first parliamentary wi'it extant, addressed to the sheriff of Lancasliii-e, is of 
tory writ the date of 25 Edward I. in the Tower of London, and requires that knights only 
monTfor (uot citizcus and burgesses) shall be sent from this county to parliament, for the 
the coun- ^QQfjj.jjjj^ti(jn of Magna Charta, and the Charter of Forests. Tliis Avi-it, wliich is of 
the nature of a bargain between the king and his people, recites, that in relief of all 



» FIRST PARLIAMENTARY RETURN FOR LANCASHIRE, &c. 

*f " Matheus de Redman T; Johes de Ewyas Milites sunt electi pro Comitatu Lancastr per consen- 

Lanc. sum totius Comitatus, qui plenam '\ sufficientem potestatem pro se 1 communitate Comitatus prse- 

dicti habent ad faciend quod Dominus Rex de communi consilio sue ordinabit. 

" ^ Et prsedictus Matheus manucaptus est veniendi ad diem in brevi contentum per Thomam 
filium Thomse de Yelond. Thom fit Haft Wiftm filium Adae T, + 

Wiitm filium Dake + 

" uT- Et praedictus JoKes manucaptus est per Joliem de Singleton Ricm de Grenel Rogerum de 
Boulton T; Adam de Grenehulles." 

" Nulla Civitas est in Com Lancastr. 
Burgusde " Lambertus le Despenser T; Willms le Chaunter Burgens Lancastr electi sunt pro Burgo 

I'»°<=' Lancastr modo supradicto. 

" Et preedictus Lambertus manuc est per Adam de le Grene T, JoRem de Overton. 
" Et praedictus Wiftus manuc est per Thomam Molendinar T; Hugonem le Barker. 
Burgusde " Willius Jilius Pauli T; Adam Russel Burgenses de Preston electi sunt pro Burgo de Preston in 

Preston. Amounderness modo proedicto. 

" Et preedictus Willius manucaptus est veniendi ut supra per Ricardum Banaster T; Ricuni 
Pelle. 

" Et praedictus Adam manucaptus est per Hen? filium Baldwin! 1 RoTjtum Kegelpin. 
Burgusde " Willius le Teinterer T; Henr le Backer Burgenses de Wygan electi sunt pro Burgo de Wygan 

Wigan. modo supradicto. 

" Et manucapti sunt veniendi per Johannem le Prestun de Wygan , Adam le Cotiler , Rogerum 
filium Ormi , T; Ricum filium Elys. 
Burgusde " Adam ^lius Richardi '\ Robtus Pinklowe Burgenses de Liverpol e>lecti sijt pro Burgo de 

Liverpol. ^.yerpoZe. 

" Et manucapti sunt veniendi in brevi contentum per Johannem de la More , Hugonem de 
Molendino , Wiftm filium Rici , T; Eliam le Baxster." 

Petit MSS. vol. 15. fol. 88. Inner Temple Libr. 

t This is probably the same person that was returned for Lancashire in the following 



Coimti? ^anlatme of Sanraeiter. 295 

the inhabitants and people of the kingdom for the eighth of all the goods of every chap. 

layman, and the most urgent necessity of the kingdom, the king has agi'eed to con- !_ 

firai the gi-eat charter of the liberties of England, and the charter of the liberties of 
the forest; and to grant, by letters patent, that the said levy of the eightli shall not 
operate to the prejudice of his people, or to the infringement of their liberties; and 
he commands and firmly enjoins the sheriff, that he cause to be elected, without 
delay, two of the most able and legal knights of the county of Lancaster, and send 
them mth full powers from the whole community of the said county, to liis dearest 
son Edward, his lieutenant in England, (the king being then abroad, engaged in the 
Avar with France,) on the octaves of St. Michael next ensuing, to receive the said 
charters and the king's letters patent for the said county.* 

In the parliament of 1296, no original writ for Lancasliire appears, nor is there Returns in 

the reicn 

any enrolment of writs de expensis for this county on the rolls. of Edw. i. 

The members returned in the parliament of 1297, were " Henricus de Kigheley" 
and " Henricus le Botiller," vel " Botiler." 

In the parliament of 1298, the return in the original writ is " Henricus de 
Kigheley," and " Joannes Denyes," knights of the slm-e. 

The parliament of the following year produces no original writ, nor any wiit de 



* FIRST WRIT EXTANT TO THE SHERIFF OF LANCASTER, FOR THE 
CONFIRMATION OF THE CHARTERS. 

" Edwatidus Dei gra Rex Aug! Dtis Hiba T^ Dux Aquit Vic Lancastr sattm. Quia in releva- De veni- 

^..,n ,• .~. ^., .... ^'i ~ endo pro 

cionem omium incolaj t populi regni nn p octava omium bonog singulo^ laicofi ,p totni iciem regnu p confirma- 

urgentissima nuc dci regni cont" Gallicos necessitate levandas concessimus j> notj T lierecl nris con- ^j°°^ 

firmare T; firmiP teii fa8e magnam cartam de lifeertatib3 AngtT; cartam de liBtatib3 foreste T; concedere Carte. 

oiTiib3 et singulis ejusdem regni Iras nras patentes qd dee octave levacio no cedet eisde in 

pjudiciu Svitutem exheredacoem usu vel consuetudine in futuru tibi jJcipim® tirmiP injugentes qd 

sine ditone aliq* duos de j)biorib3 T; legaliorib3 militib3 com tui eligi 1 eos plenam potestatem ^ ipis 

T; tota coitate dci Com lientes ad Edwardii filiii nrm carissimu tenetem in Angl locu nrm venire fac 

ita qd sint London ad eunde filiu nrm mod oIb3 in Octat) Sci Micliis pro.xTo futuf ad ultimii carta3 g Oct. 

j?dicta3 p 1 1fas nras su dca concessione p ipa coitate in forma fJdicta recepturi % fcuri ulfius qd ^^^''• 

f) diem filiCi T; consiliu nrm ibidem j?dit ordinatum. Et hoc nullo modo omittas T; tieas hoc bi^e. is Sept. 

'^ *, ^j . . . 1297 

T. Edwardo filio nro apud Scm Paulu, London, xv die Sept anno r. n. vicesimo qumto. 

" Rot. Claus. 25 Ed. I. m. 6. d. Orig. in Turn Lond." 

" In dorso, 
Elegi feci p assensu toti® Com Hens de Kigheleye T^ Henr le Botiller qui plenam potestatem Kent 
|iut in bri cotinef, 
Pleg p'dci Henr de Kigheley ven § Rogus de Boulton T: Ad de Stodlehurst, 

Pleg Henr le Botiler ven § AVilts fit Simonis deCanterhale Wilts Gormond de eadm." 



296 



CI;e 5?i^toii) of tfie 



CHAP. 
VIII. 



Number 
of places 
returning 
members. 



Duration 
of session 
of parlia- 
ment. 



expensls, for this county. The same observation applies to the parliaments of May, 
1300 and 1305, and to the two parliaments in 1306. 

To the parliament of January, 1300, " Henricus de Kigheley" and " Tliomas 
Travers" were returned for this countyj in September, 1302, " WilUelmus de 
Chfton" and " Gilbertus de Singleton;" in 1304, " WilUelmus de CUfton," vel 
" de Clyffedone," and " Willielmus Banastre," were elected to the same honour. 
These retui-ns to the frequent parliaments,* in the latter part of the reign of 
Edward I. complete the writs for that period, so far as regards this county. During 
the same reign, four returns were made to parliament of members for the borough of 
Lancaster, two for the borough of Liverpool, five for Preston, and two for Wigan ; 
each of which Tvill be treated of in its proper place. 

The number of counties, cities, and boroughs, making returns to parliament at 
this time amounted to one hundred and forty-nine, t in the list of which we find ten 
members for Lancashii-e; namely, two for the county, and two for each of the above- 
named boroughs. In the 24 Henry VI. the number of members was reduced to 
274, all the boroughs of Lancasliiie having then disappeared from the list, and the 
only members returned for this county consisting of the knights of the shire. 

Although these eai-ly parliaments Avere fr-equent, the period of then- sitting was 
of short duration. In 49 Henry HI. the pai-Hament which assembled to settle the 
peace of the kingdom, after the barons' wars, accomplished its duty in thirty-two 
days, and then dissolved; and yet this was reputed an increchble delay. The parlia- 
ment 28 Edwai-d I. which confinned the great charter, and made arthuU super 
cartas, was summoned to meet on the second Sunday in Lent, and ended the 20th 
day of March, on which day the writs for the knights' and burgesses' expenses were 
dated, malving a session of three weeks. The famous parliament at Lincoln, 
28 Edward I. Avherein the king and nobles wi'ote their memorable letters to pope 
Boniface, claiming homage fi-om the lungs of Scotland to the kings of England, sat 
but ten days. The parliament of 35 Edward I. was summoned to meet at Carlisle, 
on the 20th of January, when the king expected cardinal Sabines ; but the cardinal 
not arriving, as was expected, the king prorogued this parliament by another writ, 
till the_ Sunday next after Mid-lent, and on Palm Sunday the parliament ended, 
having sat only fourteen days, whereof thi-ee were Sundays,]; it being in those times 



* It is evident that no fixed rule was adhered to in summoning these parliaments, except that 
which arose out of the king's want of either money or counsel, or both. The order of the parliament 
of Oxford, that three parliaments should be held in one year, does not appear ever to have been acted 
upon with uniformity, and this enactment was probably intended only to fix the times at which the 
parliaments were to assemble, till the reforms then contemplated were completed. 

t Prynne's Brev. Pari. t Prynne's Enlargement of his 4th Institute. 



Coimti) ^Jalatiiif of iLaiuassttr. 297 

the general practice to assemble the pai-liameiits on the Sunday, and so far to dis- chap. 
regard the Sahbath, as to hold theii- sittings contmuously, without any intermission, ^"'" 
on that day. 

Edward II. 

No fewer than tlmly-two parliaments were held during the twenty years' reign Frequent 
of Edward II. There are no waits extant for Lancashu-e in eleven of that number: mentt." 
namely, in 1308 and 1309; in 1311; in the two parliaments of 1312, the fii-st in 
February and the latter in July; in the parliaments of 1313 and 1316; and m those 
of 1317, 1318, 1319, and 1323. 

Mr. Palgi-ave, in liis second volume of Parhamentary Writs and Writs of MiKtary 
Summons, published by chi-ection of the commissioners of public records, has given a 
very complete list of the returns made to parliament, by the sheriflf of Lancashu-e, 
during tliis reign; and from that source the follo>ving retimis, from 1307 to 1327, 
are derived. 

In 1307, it appears from the original wit for this county, that " Matheus de Members 
Reddeman, miles," and " Willielmus le Gentyl, miles," were returned.* foJX"' 

In 1311, "Thomas deBethune," vel " Bethum, miles," and " Williehnus le """''^• 
Gentylle," vel " Gentyl, miles," were returned to the parliament on the 8th of 
August. The wiit de espensis for the attendance at parliament, from the return day 
until the feast of St. Dionysius, together v.'iih. their chai-ges coming and returning, is 
tested at London, on the 11th of October. It is remarkable, that an individual, 
named Thomas de Bethun, or Bethom, is also returned for Westmoreland in the 
same parliament; and it is liighly probable, that the electors in some cases econo- 
mized theii- expenses, by returning the same member to represent two counties. 
This parliament is remarkable for the desertion of its public duty, from a cause 
which strikingly indicates that ancient members of parliament had much less patience 
than theii' successors of the present day. So exhausted were the lords, the king's 

* This parliament was held at Northampton, and the nature of the business there to be transacted 
is indicated in the following writ of summons to Thomas, earl of Lancaster : — 

Rot. claus. 1 Edw. II. m. 19. d. 

Writ docketed " De veniendo ad parliamentum Regis," addressed to " Thomas," earl of 
Lancaster and others. — " The King is desirous to hold a special ' Colloquium' with the Earl, the 
Prelates, and the Magnates of the Kingdom, concerning the celebration of the funeral of the late 
King his father, and also the solemnization of his own espousals and coronation. The Earl is 
therefore commanded, ' in fide et dilectione,' to be in person at Northampton, on the Qiiintaine of 
St. Michael, 13 Oct. in order to treat and advise on the said affairs with the King, and with the 
Prelates and Magnates of the Kingdom." — Tlie writ contains the Premunientes clause for the clergy 
of the diocese. Orig. in Turr. Lond. 

VOL. I. 2 Q 



298 €l)t ?Si£iti3ri) of t\)t 

CHAP, counsel, the limgbts, aud the burgesses, by theii- sitting of nine weeks, tliat most ol' 

L them departed from parliament without license, as the wTits aud summons attest, and 

the remainder petitioned the king to adjourn, and tlms obtained license to return to 
their homes. 

Tlie original writ for the county of Lancaster, in the parliament of August, 
1312, retm-ns " Henricus de Trafforde, miles," and " Ricardus le Moliueaux de 
Croseley, rmles." No enrolment of writ de expensis ajjpears on the rolls, but the 
entries of such writs are incomplete. 

" Dominus "VVillielmus de Bradeschagh, miles," and " Dominus Edmundus de 
Dacre, miles," are returned in the original writ of March 18, 1313. In the writ of 
July 8, in the same year, " Radulphus de Bykerstathe, miles," and " Willielmus de 
Slene, miles," are returned. No manucaptors were found by these knights. To the 
parKameilt of the 23d of September, in tlie same year, " Henricus de Fegliirby vei 
Fegherby, miles," and " Thomas de Thornton vel Thorneton, miles," are returned. 
The writ de expensis for " Henricus de Fegherby," and " Thomas de Thorneton," 
for attendance at parliament, from tlie retiu'u day, (September 23), uutU Thursday 
next after the feast of St. Michael (November 15) amounts to £21. 125. at the rate 
of four shillings each per diem, together with then- chai-ges coming and returning. 

In the pai-liament of Sej)tember, 1314, " Thomas Banastr', mUes," and " WUliel- 
mus de Slene, nules," ajjpear in the original writ, as well as in the writ de 
expensis. 

" Willielmus de Bradeshagh, miles," and " Adam de Halghton, miles," are 
returned, 1395, and £19. 4s., at the rate of four sliillings each per diem, as awarded 
to them by the writ de expensis. 

In the following year, "Johannes de Lancastrie," and " Willielmus de Walton," 
are returned on the 27th of January. 

" Rogerus de Pilketon, miles," and " Johannes de Pilketon, miles," aj-e returned 
by the original writ of 29th July, in the same year, and their chai-ges allowed at the 
usual rate in the writ de expensis. 

" Edmundus de Ne\-iir, miles," and " Johannes de Horneby, miles," are 
retm-ned by tlie original writ of 1318, on which it is observed, that no manucaptors 
were found by these knights. At tliis period an advance took place in the wages 
allowed to the comity members for then- services in parliament, and the allowance 
in the writ de expensis is five sliillings each per diem, instead of four, as liitherto. 

In the following year, " Willielmus de Walton, miles," and " Willielmus de 
Slene, miles," are returned in the origuial writ for the county ; but it is much torn 
and defaced, and rendered almost illegible. From some cause, the members' wages 
were again reduced to four sliillings each per diem. 



Coimtp palatine of ilanrasiter* 299 

" Gilbertus clc Haydok, miles," and " Thomas de Thornton, miles," appear hi chap. 

the original writ, and in the writ de expensis ; but it was alleged, that they Avere L 

returned by WiUielmus le Gentil, the sheiiflf, on his own authority, and without the 
assent of the county. 

No original writ for this county is found for the parliament of 1321, but the 
names of " Johannes de Horneby, junior," and " Gilbertus de Heydok," are inserted 
in the writ de expensis, tested at Westminster on the 22d of August. 

" Edmimdus de Nerill, miles," and "Johannes de Lancastria, miles," were 
returned to the parliament of 1322. By this writ, the sum of one hundi-ed and seven 
shillings and fom-peuce is awarded to the two knights for seventeen days' attendance 
in parliament at York, and six days coming and returning ; Edmundus de Ne\-ille 
receiving sixty-nine sliillings, at the rate of three shillings per diem, and Johannes 
de Lancastria tliirty-eight shillings, at the rate of twenty pence per diem ; but why 
the latter received lower wages than the fonner for his parliamentary services 
is not stated. It may be presumed, however, that the surplus fourpence wliich 
remained after tliis inequitable division was made, was allotted to Johannes de 
Lancastria. 

In the original writs of election and proclamation for this county, in the 
parliament siimmoned to meet at Ripon on the 14th of November, 1322, (altered 
aftei-wards to York,) " Richard de Hoghton, miles," and " Gilbertus de Singilton' 
vel Sengilton, miles," were returned. From the writ de expensis it appears, that 
the original rate of wages was re-estabUshed, and the sum of £8. 8s. for fifteen days' 
attendance in parliament, and three days coming, and three days returning, was 
awarded to the kniglits. 

In 1324, the original writ for this county returns the names of "Edmundus de 
Neviir, miles," and " Gilbertus de Haidok, miles." The names of " Edmundus de 
Nevyir " and " Thomas de Lathum," p. iiri dies, are entered on the original pawn 
or docket, as knights appearing for this county. The writ de expensis dii-ects, that 
sixteen mai'ks for twenty days' attendance at parliament, and four days coming, and 
four days returning, at the rate of thi-ee sliillings and fourpence each per diem, 
should be paid to the knights. No reason is assigned for the substitution of the 
name of " Thomas de Lathum" for that of Gilbert de Haidok. 

" Wilhelmus de Slene, miles," and " Nicholaus le Non-ays vel Norreys, miles," 
appear in the original writ for this county, returned by Gilbertus de [Sothejworth, 
sheriff. No manucaptors were found by these Itnights. In the writ de expensis, 
£7. 15s. is awarded to the members for twenty-one days' attendance in parliament, 
and five days coming, and five days returning, at tlie rate of two sliillings and six- 
pence each per cUem. There is a peculiarity hi tliis original vait. Usually the 

2q2 



300 



€l)t fiMov^ of tf)e 



CHAP. 
VIII. 



Lanca- 
shire bo- 
rough re- 
turns in 
this reign. 



The high 
sheriff of 
Lanca- 
shire as- 
sumes the 
power to 
elect 
members. 



citizens and burgesses of the county are rcquii-ed to send members ; but in this case, 
tlic summons is confined to knights of the shire. 

In 1325, " Willielmus de Bradeshaghe, miles," and " Johannes de Horneby vel 
Hornby," are returned. No manucaptors Avere found by these knights. In the vnit 
de expensis, £7. 14s. is awarded for twenty-two days' attendance in pai-liament, 
inchiding coming and returning ; " Willielmus de Bradeshaghe" to be paid at the 
rate of four shillings per diem, a knight's wages, and " Johannes de Horneby," at 
the rate of three shillings per diem, an inferior rate of wages. 

In 1326-7, " Ednmndus de Nevyll, miles," and " Ricardus de Hoghton, 
miles," appear in the writ of expenses, the original vn-'it not being found. 
The sum awarded to the two knights is £28. 8s. for seventy-one days attend- 
ance in parliament, coming and returning, at the rate of four sliillkigs each 
per diem. 

During tliis reign, four returns are made for the borough of Lancaster, and two 
for the borough of Preston, but none for either Liverpool or Wigan. The rate of 
wages paid to the borough members appears to have been fixed at two shillings each 
per diem. 

By an assumption of power which is scarcely to be credited, the high sheriff of 
the county, in 17 EdAvard II., aiTOgated to liimself, as we have already seen, the 
right of superseding the privileges of the electors, and returning members for the 
county by his own appointment. The presentation made to the grand jury of 
the hundred of West Derby, against this ostentatious and arbitrary sheriff, has 
already been referred to, but it may not be unacceptable to have the document 
entu'e : — 



Rot. Plac. 
cov. R. 
17 Ed. II. 
m. 72. 



Present- 
ment 
against 
the high 
sheriff. 



LANCASTER. 



" The Grand Jury of the Wapeulalie of West Derby, pre- 
sent, That ' Willielmus le Gentil,' at the time when he was 
Sheriff, and when he held his Towrn in the said Wajientake, 
ought to have remained no longer in the Wapentake than 
three nights with three or four horses, whereas he remained 
there at least nine days with eight horses, to the oppression of the people ; and that 
he quartered himself one night at the house of ' Diis de Tiirbat," and another 
night at the house of one ' Rohcrtiis de Bold,' another at the house of ' Rohertus de 
Grenlay,' and elsewhere, according to his \\ill, at the cost of the men of the 
Wapentake. 

" They also present, that the said ' WUlielmus' allowed one ' Henricus fil. 
Roberti le fiercer,' indicted of a notorious theft, to be let out upon manucaption ; 
whereas he was not mainpernable according to the law ; in consequence of whicli 



Coiinti? ^Jalatiuf of iLanrasstrr. 301 

the men of tlie Wapentake avoided maldng presentments of notorious tliieves ; and chap. 
that ' Henricus de Malton' did the same when lie was sheiifF. ^"^- 

" Tliat the said ' WilUehnus' and ' Henricus returned certain persons on inquests 
and jmies, without giving them warning. 

" Tliat the said ' Williehiius le GcntU,' when sheriff, had returned ' GiJhcrtus de 
Haijdol-,' and ' TJiomas de Tliornton,'' knights of the shii-c, (14 Edward II.) without 

the assent of the County, whereas they ought to have been elected by the County ; 

and had ieided twenty pounds for theii* expenses ; whereas the County could, by 
then- o^vn election, have found two good and sufficient men, who would have gone 
to Parliament for ten marks or ten pounds, and the sheriff's bailiffs levied as much 
for theu" own use as they had leA"ied for the knights. 

" Also, that ' Henricus de Malton,' when he was sheriff, had returned 
' WilUehnus de Slene,' and ' Willielmus de Walton,'' as knights, (12 Edwai-d II.) 
in the same manner. 

" The said ' Willielmus GentiV is enlarged, upon the manucaption of four 
manucaptors." 

Edward III. 

In the fii-st parliament of Edward III. " Michael de Haverington," and " Willus Lanca- 
Lawi-ence, ' were returned knights of the shire for the county of Lancaster. members 

" Nichus le Norreys" and " Henricus de Haydock," were elected in the reigt'^of 
following year, and were succeeded by " Thomas de Thornton," and " John de inJ^"'' 
Hornby," who were succeeded in the same year by " Willus de Bradshaigh," and 
" Edras de Nevill." 

In the following year, " Nicholaus de Non-eys," and " Henry de Haydok," 
attended the adjourned parliament, and were succeeded by " Willus de Bradeshawe," 
and " Johes de Lancastria." 

" Willus de Saperton," and " Henry de Haydok," were their successors in the 
year 1330. At the election of these members the sheriff, by order of the king, pro- 
claimed that if any person in the county had suffered wi'ong from any of the servants 
of the crown, they were to come to the nest parUament, and make known their 
complamts. 

" Willus de Bradshawe," and " Oliverus de Stanesfield," were retm'ued 
in 1331. 

" Robertus de Dalton," and " Johes de Horneby," were elected in 1332, 
and in the same year " Adam Banastre," and " Robertus de Dalton," were 
returned. 



302 



C&e ?l}i^tori) of ti)t 



CHAP. 
VIII. 



Duration 
of parlia- 
ments. 



In 1333, " Edo.s clc Nevill," and " Johannes de Horneby," were electedj and In 
the MTits de expensis it appeal's, that the wages of the knights were then foui- sliillings 
per diem. 

" Robertas de Radeclyf," and " Henricus de Haydock," were returned in the 
follo^nng yeai", and they were succeeded in the same year by " Echuundus de Nevill," 
and " Robertus de Dalton." 

" In 1335, " Robertus de Slm-bui-n," and " Edmundus de NeviU," were 
elected. 

In 1336, " Johannes de Horneby," and " Henricus de Haydok," were returned; 
and in the same year " Johannes de Shii-bum," and " Henricus de Haydok." 

. In the following year, " Robertus de Irland," and " Henricus de Haydok," were 
returned, and they were succeeded in the same year by " Ricus de Hoghton," and 
" Edmundus de Nevill." 

The changes made in the county members seem at this period to have been very 
frequent, but whether that ai'ose from tlie fickleness of the constituents, from the 
inadequate payments made to the knights of the shire, or from the unproductive 
natui'e of parliamentary influence, and the very diminutive size of the pension list, 
does not appear. 

The return to the ^vi-it of summons, in the year 1338, contained the names of 
" Johannes de Hornby," and " Johannes de Clyderhowe," as knights of the 
shii-e, to whom, by the writ de expensis, dated at Northampton, on the 2d of August, 
the sum of £7. 4s. was awarded for coming to, remaining in parliament, and 
returning to their houses, being a payment of four sliillings each per diem for 
eighteen days. 

The writ for 1339, was issued by the guai-dian of the kingdom, and the king's 
council, in his majesty's absence; and the knights returned to parliament for the 
county of Lancaster were " Robertus de Clyderhowe," and " Henricus de Biker- 
stath." In the same year, " Nichus de Hulm," and " Robertus de Prestecote," 
were returned. 

" Robertus de Dalton," and " Johannes de Dalton," were returned in 1340; 
and in the same year " Johannes de Radecliife," and " Robertus de Radecliff," were 
elected, and returned to parliament, with the usual allowance of four shillings 
per diem. 

During the remainder of this reign, the parliaments continued to be held almost 
every year; and it is clear, from the continually varying names retimied for the 
county of Lancaster, that each session was a new, and not an adjourned parliament. 
It is equally clear, that no argument in favour of any precise duration of parliament 
can be founded upon the practice of these early times, seeing that there was fre- 



Johes de Haverington, 
Johes Ungton, 

Clatis. 17 E. III. P. 1. 771. 1. dorso. 



f Westminster, Monday, 15 7 

1 days of Easter. J ^13. 12s. for 34 days. 

Claus. 17 E. III. P. 1. 711. 1. dor 

Niclius le Botiller, ^ Westminster, Monday after "> 

WiUus fil. Rob. de Radeciiff, | Octaves of Holy Trinity. 3 ^^^- ^^^- ^"'^ ^^ ^^'^'^• 

Claus. 18 E. III. P. 2. m. 26. 

Johes de Cliderhowe, C Westminster, Monday after "> 

Adam de Bredekirk, { Feast of Nat. Blessed Mary. > ^'^- ^^- ^°^ ^^ ^^y^' 

Claus. 20 E. in. P. 2. m. 14. d. 

„,,,,, ^ c Westminster, Monday after ^ 

Robt. de Plesyngton, V ^ . . ',,.,,,_ . ) 

R bt d Pre tcote I Domniic. day Middle Quad- K £9. 4s. for 23 days. 

^ ragesima. J 

Claus. 22 E. III. P. 1. »». 24. d. 

Adam de Hoghton, C Westminster, Morrow of St. ") 

Johes Cokayn, ^ Hillary. ] £15. 4s. for 38 days. 

Claus. 22 E. III. P. 1. m. 33. doi 
Otto de Halsale, C Westminster, Octaves of the ^ 

Willus de Radeclif. { Purification. S °^^^' ^'" ^°'" ^^ ^^^' 



Claus. 25 E. III. Pars tinica m. 27- dorso. 



No writ found. 



C Westminster, Tuesday, Feast ") 
I St. Hillary. j 



Coimt|) |3alatine of Saiirasittn aos 

queutly more than one parliament in the year ; and that at other times, the assem- chap. 

bling of parliament was intermitted for two, three, or four yeai's. L 

In the 4th of Edward III. it was enacted, that parUaments should be held once a 
year, and oftener, if necessary. The 36 Edward VI. requu'cs a pailiameut to be 
held every year. By 16 Charles II. it is enacted, that pailiaments shall be trien- 
nial ; confirmed by 6 William and Mary ; but by 1 George I. the time of theii* 
continuance, if considered necessary by the king and his advisers, was rendered 
septennial. So that our parliamentaiy history affords all tlie precedents from three 
parliaments in the yeai' to one parliament in seven years. 

The following is a list of the members for the county of Lancaster dming the 
remainder of the reign of Edward III., with the date of the parliaments in which 
they sat, and the amount of wages they received from the county : — 

Members, (Knights.) Parliament at Wages. 



26 E. III. 



CHAP. 
VIII. 



304 

Members, (Knights.) 
Johes de Haveryngton, 



Willus Careles, 
("Duchy of Lane") 

Willus Careles, 
Ricus Nowell, 



mn l^igtorj) of tlje 

Parliament at 
C Westminster, Morrow* of "^ 



Wages. 



£4. 4s. for 21 days. 



^ the Assumption. 3 

Claus. 26 E. III. m. 10. d. 

(■Westminster, Monday after 7 

I St. Matthi. Apost. 1^6. for 30 days. 

Claus. 27 E. III. m. 5. d. 

C Westminster, Monday after 7 „ „, , 

\ c. AT 1 IT t ^13. 12s. for 34 days. 

^ St. Mark Evang. y •' 

Clmis. 28 E. in. m. 21. rf. 



Rog. de Farndon. 
Robt. de Horneby, 



Vrits ad- 
dressed to 
the duke 
of Lan- 
caster. 



f Westminster, Monday after 7 ,„ , 

1 St. Edmm.d, Martyr. j ^^^ ^^^ ^or 19 days. 

Claus. 29 E. III. Pars unica, m. 3. d. 

„, . ,^ , .> £1. 12s. for John for 38 

Westminster, Monday seven I , ^ ^ t, ^ ^ nn a 

' -^ N days, and for Robt. £6. 4s. 

weeks after Easter. i r oi i 

J tor 31 days. 

(Addressed to the Duke.) Clam. 31 E. III. m. 19. d. 



John de Haveringtou, 
Robt. de Singleton, 



1 



The writs de expensis for the knights of the sliire for the county of Lancaster 
ai"e directed, not to the sheriff, but to the duke of Lancaster himself. 

The knights for the counties generally had two distinct writs, some of them for 
six, others for seven, and one for eight days' expenses ; but the ^\Tits for Lancashbe 
were issued to the duke of Lancaster himself, by the title of Duke and Duchy of 
Lancaster : — 



Members, (Knights.) 

Roger de Farjmgdon, 
Robert de Horneby, 



Willus de Radecly, 
Ricus de Tounley, 



Parliament, at 



Wages. 



C Westminster, Monday after 7 

I Purification B.M. j ^13- 12s. for 34 days. 

Claus. ^2 E. in. m.3\.d. 

C Westminster, Sunday after 7 

{ Conversion of St. Paul, j <£15. 4s. for 38 days. 
Claus. 35 E. Ill m. 38 d. 



No Writ for Lancashire in ^ Westminster, 15 days of St. 



Prynne. 



I 



Michael. 



} 



36 E. in. 



* This was called the " Great Council" for " settling the Staple" or manufacture of the kingdom, 
to which Lancashire sent only one member for the county, and none for its boroughs; but were 
such a council to be held in the present day, it is highly probable that this county would return, at 
least, its full complement of members. 



Counti? |3alatiiie of S.anrastcr. 305 

At this period, a singular piece of presumption was practised in the return to parlia- chav. 

rnent of members for the county of Lancaster. The deputy sherifls, instead of returning L 

the members elected by the county, returned themselves, concealing the writ, and levy- 
ing the expenses, wliich they appropriated to their own use. Upon complaint made to 



False 
return 
made by 

the king, he issued two \\Tits : the first to the sheriff of Lancasliire, and the second 't'' V"***^'" 

<=' ' sheiifls. 

to the justices of the peace of the county, directing them to examine into the merits 
of the election, and to certify the facts to him in chancery ; in the mean time, the 
levying of the expenses Avas suspended tUl further orders upon these " unparalleled 
Avrits," as they are called by Prynne. 

In the writ to the sheriff, that officer is informed, that the greatest agitation exists 
in Lancasliire respecting the election of the knights for that county in the last parlia- 
ment; and his majesty, wishing to be more fully informed about the election, com- 
mands the sheriff to assemble tlie knights and other good men of the commons of 
the said county, and to make inquiiy, whether " Edrus Laurence" and " Matthew 
Risheton," who have been returned in the writ to parliament as knights of the said 
county, or other persons, were duly elected ; and if, upon deliberation and iufonna- 
tion, he should find them to have been elected by the common assent of the county, 
then to cause the said Edi-us and Matthew to have £18. 16s. for their expenses 
incuiTed in coming to the parliament, remaining there, and then returning; that is to 
say, for forty-seven days, each of the aforesaid Edrus and Laurence receiving four 
shillings per diem ; but if other persons have been elected knights of the said county, 
then the sheriff is to render information of their names under his seal, into the king's 
chancery, and to remit the writ to his majesty, conformably to the du-ections 
already given.* 

* " Rex vie. Lancastr. Salutem Quia super electione facta de Militibus pro Communitate Com. CI. 36. 
praedicti pro ultimo Pailiamento nostro in Comprsedicto venientibus maxima altercatio facta existit, f.'&\'.' "'' 
Nos ea de causa volentes super electione prsdicta plenius certiorari, tibi precipimus, quod habita in dorso. 
plenoCom. tuo super electione prsedicta cum Militibus et aliis probis hominibus de Communitate dicti 
Com. deliberatione et informatione diligentibus utrum, viz. Edrus Laurence & Mattheus de Risheton, 
qui in Brevi nostro de Parliamento prsedicto tibi directo retornati fuerunt, pro Militibus dicti Com. 
electi fuerint, an alii ; et si per deliberationem et informationem hujusmodi inveneris ipsos de communi 
assensu totius Com. prsed. pro Milit. dicti Com. electos fuisse tunc hab. fac. eisdem Edro et Matthao 
decern et octo lib. sexdecim solidos pro Expensis suis venieudo ad Parliamentum prsedictum, ibidem 
morando et exinde ad propria redeundo, videlicet, pro quadraginta et septem diebus ; utroque prsedic- 
tomm Edri et Laurentii* capiente per diem quatuor solidos : et si alii pro Militibus ejusdem Com. 
electi fuerint, tunc Nos de nominibus illorum sub sigillo tuo in Cancellaria nostra reddas certiores, hoc 
breve nobis remittens. Teste Rege, apud Westm. 17 Nov. 

] " Per ipsum Regem." 

* An error, for Matthcei. 
VOL. I. 2 R 



306 



CIjc Insitorj) of ti)t 



CHAP. 
VIII. 



The king, 
and not 
the com- 
mons, de- 
cided upon 
disputed 
elections. 



Tlie king's writ to the justices is adch-essed to his beloved and faithful Godefr. 
Foleiamhe, and his fellow-justices of the peace, in the county of Lancaster, on the 
5th of February following ; and it states roundly, that the said Edus and Matthew, 
who are the sheriff's lieutenants, have made a false and deceptive return ; in conse- 
quence of which, the jurors ai'e requii'ed to call before them, at their next session, 
the knights and other good men of the same county, and take diligent information 
and inquisition on the above premises, and to return the same into the king's chan- 
cery; the sheriff of Lancasliire being at the same time commanded to supersede the 
levy of the wages, until he shall have further dii'ections from the king in liis mandate 
respecting them. The result was, that the election was declai-ed void, and the 
sheriff's lieutenants were unseated by the king's authority. 

The proceedings under these memorable %vi-its, wliich were the first of the kind 
that were issued, serve to shew that the Idng in these early times, and not the com- 
mons house of parliament, examined and determined on disputed elections ; and that 
the king, by special wi-it issued to the sheriff, or to the justices of the peace, caused 
the mei-its of the elections to be inquii-ed into, and certificate to be made of their 
legality or illegality. 

But, to resume the returns of the list of members for the county : — 

Knights. Parliament at Wages. 



Adam de Hoghton, 
Roger de Pylkyngton, 



C Westm. Octaves of St. Hil- 1 „ „ , 

I , I £17. 4s. for 43 davs. 

t lary. > 

CI. 39 E. III. m. 31 d. 



Job. le Botiller, C ^^'*^^- ^^°''^''^' ^^'^ °'°^- 

Will. fil. Robti de Radeclyf, ) 

^ Cross 



c < row of the Invention of the S £8. 16s. for 22 days. 



-i 



Rog. de Pylkynton, 
Rog. de Radeclyf, sen. 

Johes de Dalton, 
Johes de Ipre, 

Johes de Ipre, 
Ricus de Tounley, 



Johes de Ipre, 



C 7 

I Westm. 1st of May. J 



a. 40 E. III. m. 23 d. 

£14. for 35 days. 

CI. 42 E. in. m. 14 rf. 



] Westm. Octaves of Trmity. f £8. 16s. for 22 days. 

CI. 43 E. Ill m. 13 rf. 

f Westm. Monday, Feast of^ ^ ^ ,^ , ^, , 
1 St.Miehael. j £l9. 12s. for 51 days. 

CI. Ab E. III. m. 34 rf. 

C Wvnton, Mondav in Octaves 7 

1 of Trinity. j £4. 4s. for 21 days. 

CI. 45 E. Ill m. 22 rf. 



Knights. 

Nich. de Haveryntoii, 

Willus de Atherton, 
Jolies de Holcroft, 

Johes Bottiler, Chivaler, 
Rog. de Brokhols, 

Johes Botiller, 
Rog. Pilkington, 



County palatine of aancasiten 

Parliament at 



307 



Wages. 



CHAP 
VIII. 



CWestm. Morrow of All") 

I Souls. 1 ^6- 12b. for 33 days. 

CI. 46 E. III. m. 4 d. 

f Westni. Morrow of St. Ed- } 

I mund. S ^^^" ^'' '"°' ^^ '^^^''• 

CI. 47 E. III. m. 1 d. 
i Westm. Monday after St. > 
I Gregory. j ^^4. 8s. for 86 days. 

CI. 50 E. III. P. 2. m. 23 rf. 

f Westm. in fifteen days of "J 

^ St. Hillai-y. S ^^^- ^^'- ^°' ^'^ '^''^''• 

CI. 51 25. ///. »«. 12 rf. 



In the 20 Edward III. the nmnher of the temporal peers summoned to the Peers of 



parliament held at Westmuister, at the head of whom stood Henry, duke of Lan- 
caster, amounted only to fifty-four, from wliich it may be inferred, that tlie hundred 
and fifty barons in parliament of 47 Henry III. mentioned by Selden, included the 
minor barons, at that time the only representatives of the commonality of the land; 
and that not by delegation, but by a common interest. The fixed number of abbots 
and priors to be summoned to parliament was determined in the reign of Edward III. 
but it will be seen by the foUowuig list, that of the twenty-six religious houses to 



parlia- 
ment, tem- 
poral and 
spiritnal. 



which this privilege wa.s 
included : — 



adjudged, none of the Lancashire monasteries ai'e 



1. St. Albans, 

2. Glastonbury, 



8. Evesham, 15. Shrewsbury, 22. Malmesbury, 

9. Winchelcomb, 16. Gloucester, 23. Cirencester, 



3. St. Austin's, Cant. 10. Crowland, 

4. Westminster, 11. BatteU, 

5. St. Echnondsbury, 12. Reading, 

6. Peterborough, 13. Abingdon, 

7. Colchester, 14. Waltham, 



17. Barchiey, 24. St. Mary, York, 

18. BenetinHohn, 25. Selby, 

19. Thorney, 26. Prior of St. John 

20. Ramsey, of Jerusalem, first 

21. Hide, baron of England. 



Although the boroughs of Lancaster, Preston, Liverpool, and Wigan, all The bo- 
returned burgesses to represent them in parliament in the reign of Edward I., only Lanca- 
the t^vo former of these places sent members in the reign of the second Edward, cease to 
and so early as the ninth year of Edward III. we find the return made by the sheriff members, 
of the county, in answer to the parHamentary writ of summons, states that, There is 
not any city or borough in his baiHwick [or county]. Non est aliqua civitas neque 

2k2 



308 ti)t i]i£(torj) of tht 

CHAP, biu'o-us in Balliva mea. It is to be observed, that the writs do uot particulai-ize the 
^"^" borouo-hs that are to return members, but merely requii-e tlie sheriff to return two 



citizens for each city, and two burgesses for each borough, within his county. 

In the 36 of Edward III. the sheriff, in his return, writes upon the writ. There is 
not any city or borough in his county from which citizens or burgesses ought, or are 
accustomed, to come as tliis wiit requbes.- — Et non est aliqua civitas nee aliquis 
Bui'gus infi-a Com : prsBilict unde Gives sen Bui'genses venii-e debent sen solent 
prout breve istud requiiit. 
Tiie rea- In the 38th of Edward III. the reason for this negative return is rendered — 

signed. There are not any cities or boroughs (in Lancasliire) that ought, or are wont, to 
come to the said parliament, on account of tlieii- debility or poverty. — Et non sunt 
aliqui Civitates sen Burgi infra Com : de quibus ahqui Cives sen Burgenses ad 
dictum Parliamentum veniie debent sen solent, propter eorum debilitatem seu 
paupertatem. 

In the following year the case is still more strongly put — There is not any city 
or borouo-h fi'om wliich any citizens or burgesses are able, or accustomed, to come, 
according to the tenure of the vnii, by reason of their debility and poverty. — Et non 
est aliqua Civitas seu aliquod Burgum de quibus aliqui Cives seu Burgenses venire pos- 
sunt seu solent secundum tenorem bre\is, propter eorum debilitatem & paupertatem. 

In the 2nd of Richard II., when the parliamentary writs were addressed to the 
duke of Lancaster, this plea of debility is not confined to the county, but is extended 
to the whole duchy ; and it is stated, that there are not any burgesses in the duchy 
of Lancaster who were accustomed to come to our lord the king's parliament, through 
their poverty.— Et non sunt aliqui Cives seu Burgenses in Ducatu praedict. qui ad 
aliquod Parliamentum venire solebant, propter eorum paupertatem. 

In the last year of tliis lung's reign, the plea of poverty is again reduced within 

the limits of the county, and it is said — ^That there are not any citizens or burgesses 

within the county of Lancaster, who have been accustomed in times past to come to 

On the any pai-liaments. Our ancestors, so far fi-om aspuing to an increase in then- boroughs, 

of 11™"°' were anxious, in the language of modern legislation, to merge those they had in 

membe^*^ sclicdule A., concciviug the cost of their borough members, though limited to the 

men"''*" ^'^ry moderate sum of two shillings a day during parliaments of comparatively short 

duration, not sufficiently repaid by the support of then- local interests. On the 

subject of the payment of wages to the members of parliament, considerable light is 

shed by a petition presented to the king in 8 Henry VI. by the commons, and 

Rot. Pari, which is expressod in these words — " The Commons pray, that all cities, boroughs, 

8 Hen. VI. ^g^yj^g ^ud hamlcts, and the residents within them, except the lords spiritual and 

temporal coming to parliament, and the ecclesiastics, and those cities and boroughs 



Countp ^3alatinr of i^anrnsitfr. 309 

wliicli fiutl citizeus or burgesses for pailiament, shall henceforth for ever contribute chap. 
to the expenses of the knights elected, or to be elected, to parliaments." '_ 

For two hundred and fifty years, that is, from the end of the thirteenth to the 
middle of the sixteenth century, about one hundred and twenty, or one hundi'ed and 
tliii-ty, cities and boroughs in England, returned members pretty constantly to 
parliament ; and about thirty others returned them only occasionally, amongst 
which were the Lancashiie boroughs, the sheriffs having taken upon themselves to 
dispense with the attendance of members for those boroughs, for the reasons stated in 
the wi-its. 

Tlie following petition, presented by the commons to the king m the same year, 
shews that the very moderate remuneration of the members was witliheld, to their 
impoverishment, and to the detriment of the state : — 

" Wliereas the Citizens and Bui'gesses elected to Parliament, have, fi"om antient 
time, been accustomed to have of right, for wages and expenses each day during the 
sitting of parliament, two shillings ; and for which wages, each of them had from 
antient time, and of right ought to have, their ^vrit to the sheriffs of the county 
where such cities or boroughs are, for them to levy and deliver to them the said 
wages, in the same manner as the knights of shires have had and used. And 
whereas these wages are now witliheld, and divers notable and wise persons, elected 
to Parliament, cannot attend without their utter ruin, and the national loss ; the 
Commons of this present Parliament pray the king to grant them tlie said wages, 
of two shillings each, ever}^ day, during the Session of Parliament." 

Prynne has preserved a register of the time allowed to members of parliament 
for travelling from Lancashire to certain places, when the parliaments were -held in 
those cities ; from which it appears, that two, and sometimes three days, were 
allowed for travelling to York, four days to Coventry, and five or six to London, in 
ordinary seasons ; but in a snow or " foul weather" eight days was the maximum 
allowance for travelling from hence to a parliament sitting at Westminster. It may 
be presumed, that these honourable and right honourable gentlemen had not, in those 
days, to legislate upon bills for the construction of railways. 

In the 7th of Henry VI. it is asserted in the shei-ifTs return, notwithstanding 
the fact to the contrary, that there is not any city or borough within the county of 
Lancaster, wliich was accustomed in times past to send any citizens or burgesses 
to parliament, on account of theu* poverty and want of means, and therefore no 
mention is made of citizens and burgesses, as appears in the indenture annexed to 
the writ. Similar langiiage is held in all the returns from Lancashij-e till 



310 €i)t SjisitorL) of tfte 

CHAP. 1 Edward VI., when Lancaster, Preston, Liverpool, and Wigan, resumed their 
^^"- elective franchise ; and in 1 Elizabeth, Nekton and Clitheroe were added to the 
borouohs of the county. During the Commonwealth two returns were made by 
Manchester, but tliat town ceased to return members at the Restoration. 

Richard IL 

Rfturuo In the fii-st year of the reign of Richard II. the king, in his writ of summons 

rei"n%f for the duchy of Lancaster, addressed to John of Gaunt, duke of Lancaster, 
and kino- of Castile and Leon, after announcing that Charles of France had 
overrun Flanders, and was mecUtating an attack upon the English city of Calais, 
informed his beloved uncle, that, for the better defence of his kingdom, and of the 
Writs of Ano-lican church, and to afford succour to his allies, he designed to embark for 
TdT^^sed the continent ; and for the good government of the Idngdom while he was absent, 
rheviff,b'.t the duke was commanded to send from his duchy two knights from the county 
Oatnt""*^ palatine of Lancaster, two citizens fi-om each city, and two burgesses from 
Lancaster, each borough, ^-itliin the same, to parliament, having full power, from the com- 
mons of the duchy, to talvC the necessary measures therein. Tliis ^^rnt is preserved 
in the archives of the duchy of Lancaster, and the following copy is derived from 
that source : — 



Richard 
II 



D. venire facieud 
ad pliamentu. 



Anno Regalitatis Johannis Regis Castelle et Legionis 
Ducis Lane Com sui palatuii sexto incipiente. 



" R. carissimo Avunculo suo Johi Regi CasteU f legionis 
Duci Lancastr vel ejus Cancellar in Ducatu p^dco saltm 
Quia referente fama publica ad firm pvenit c^titudinalit intellectum qd Karolus 
advlsar nr? FranS principalis subjugata sibi maxima pai-te Fland^ que de amicitia 
nra existebat ad obsidend jam villam nram Cales f alia mala dampna f gvamina nob 
f regno nro Angt undiq3 mfereud f fieri pcurand totis virib3 se festinat omiqj 
diligencia machiua? nos malicie dci advlsarij firi resiste f hujusmocU obsidionem 
sique ibidem quod absit fieret in eventu favente dfio removere necnon cuxa 
recupacoem juris firi qd ad coronam f regnu Franc^ notorie optinem? ac cii'ca defen- 
sionem dci regni ilri f ecctie AngHcane meliorem laborai-e f intendere relevamenq} 
f succursum amicis f fidelil)5 nris cii-cumquaq;, fac'e f pbere cupientes de concilio f 
assensu qmplurm prelatorl pcum magnatu duor? militu Bmgensiu f ihcatori dci 
regni mi ad Consiliu nrfii ex hac causa euocator? sumus in pposito in ppria psona 
nra ad pai'tes tnsmar cum comitiua pdum magnatum f nobilin plurimorl manu forti 



Coimtj) ^3alatiue of 2.anra£(tn\ 311 

volent diio pficisti Et ut hujusmocli jipositum firm filiccm sorciat csscm ac nob in chap. 

remotis agentib} p expedienti f uecessario regiuiiue dci regiii firi debite f)\-ideaV f L 

intrmi tarn iniinicis iiris Ispanu qifi alijs quibuscumqs siqiii regem m-m pdcm hostilit 
invadere p^sumpseimt foitit f virilit ut oportet f put maxinie invidet cordi nro 
resistar disposimuP de consilio f assensu pdcis die lune in tcia septimana quadia- 
gesime px futur quoddam pliamentu iirm apud Westfii tenere f cum Prelatis p&b} 
dfiis f coitate dci regni mi sup pjmissis f alijs urgentib} causis nos statum regnu f 
houorem iira concuentib} coUoqum here f tractatum vob igit? in fide f dilectoe quib3 
nob tenemum mandamus qd de ducatu pJdico duos milites gladijs cinctos magis 
idoneos f discretes de qualibet ciuitate Ducatus illius duos cjuesf de quolibet Burgo 
duos Burgenses de discreciorib} f magis su£Bcientib5 eligi f eos ad dcos diem f 
locum venire fac Ita qd ijdem milites jjlenam f sufficieutem potestatejn p se f Coitate 
Ducatus illius f dci Cjues f Burgenses p se f coitatib3 cunctatu f Burgori pdcoi-? 
diuisum ad ipis lieant ad faciend f consenciend hijs que tunc ibidem de eor consilio 
regni inri favente dno contig'it ordinari sup negocijs antedcTs sic qd p defectu potes- 
tatis hujiismodi sou ppt improndam electoem militu cium aut Burgensiu pdcor' dca 
negocia infecta non remaneant quouis modo Et heatis ibi noia pdcor' militum cium f 
Burgensiu t hoc bre T R. apud Westm vij die Jauuar Anno sexto." 

Extract from Roll A. 6. — \Qth membrane Duchy Records. 

The members returned to parliament as knights of the shii'e for the county of 
Lancaster, in virtue of the ivTit, were " Johes Boteler" and " Nich. de Haver- 
yngton," who, after a session of sixty-six days, received a wi-it de expensis to the 
amount of £26. 8s. ; but no citizens or burgesses were returned from any city or 
borough of the duchy or county of Lancaster. In the 2d year of Richai'd II. 
" Johes Botiller, Chivaler," and " Radus de Ipre," were returned for the county of 
Lancaster, as appears fi-om the Roll, CI. 2 Rich. II. m. 22 d. on which Prynne 
observes, that the wiit in tliis roll was issued to the duke of Lancaster, and to his 
vicegerent, for the knights of the duchy ; that in the writ to the duke, tliis clause, tarn 
infra libertates quam extra, is omitted, and tliis clause of exception, (inserted in all 
other writs for knights' expenses in other counties,) Civitatibtis et Burgis de quibus 
Gives ^ Burgenses ad Parliamentum nostrum apud, S(c. venerunt, duntojcat 
Exceptes, because the sheriffs of Lancashu'e then and before returned, Non est 
aliqua Civitas vel aliquis Burgxis infra Ball, de quibus aliqui Gives vel Burgenses ad 
dictum Parliamentum venire debent, sen fio\eni,propter eorum debilitatem seu pauper- 
tarn. And in tliis very year made tliis return, Et non sunt aliqui cives vel Bur- 
genses in Ducatu pradicto, qui ad aliquod Parliamentum venire solebant, propter 
eorum paupertatem ^ debilitatem. 



312 



m)t ®i5tori> of t\)t 



CHAP. The other knights of the sliire returned for the county of Lancaster, during the 

^^^^' reign of Richard II. are enumerated in tlie following list : — 



Knights. 



Parliament at 



Wages. 



Johes Botiller, Chivaler, f Westminster, Monday after 
Thos. Setheworth, Chivaler, (_ St. Hillary. 

Johi Botiller, Chivaler, y Northampton, Monday after 

Thos. deSuthworth, Chivaler, ^ All Saints. 



Will, de Athirton, 
Robt. de Ureewyk, 



^ Westminster, Morrow of All 
^ Saints. 



Roger dePylkynton,Chivaler, f Westminster, Morrow of St. 



Robt.de Clifton, 

Johes Assheton, 
Robt. Usewick, 

Ricus de Hoghton, 
Robt. de Clifton, 

John Holcroft, 
(Name obliterated.) 

Roger de Pilkington, 
Thos. Gerard, 



I 



John. 



^ Westminster, Monday, Oc- 
^ taves of St. Michael. 

C Westminster, Monday, three 
i_ weeks of Quadragesima. 

( Westminster, Monday before 
I All Saints. 

t New Sarum, Friday after 
I. St. Mark. 



Robt. Ursewick, Chivaler, C Westminster, Morrow of 
Will, de Tunstall, Chivaler, | St. Martin. 

Robt. Ursewyk, Chivaler, C Westminster, Friday after 
Thos. de Radecliffi, I St. Luke. 



Nic.de Haveryngton,Chivaler ^ 



Robt. de Workesley, 



^ 



Westminster, 1st October. 



£24. for 60 days. 

C1.3R. II. m. 18 f/. 

£19. 12s. for 49 days. 
CI. 4 R. II. m. 20 d. 

£38. 8s. for 96 days. 
CI. 5 i?. //. m. 22 d. 

£10. for 25 days. 

CI. 5 R. IL m. 5 d. 

£10. 16s. for 27 days. 
CI. 6 It. Up. l.ni. 17 d. 

£10. 8s. for 36 days. 
CI. 6 R. II p. 2. m. 13 d. 

£8. 16s. for 40 days. 
CI. 7 R. II. m. 23 d. 

£16. for 40 days. 

CI. 7 R. II. VI. 1 d. 

£18. for 45 days. 

CI. 8 R. II 7/1. 27 d. 

£23. 4s.' for 58 days. 
CI. 9 R. IL m. 22 d. 

£28. for 71 days. 

CI. \QR. II. m. 16(/. 



Joh. le Botiller de Weryng ( ") 

ton, Chivaler, \ Westminster, Morrow of the » ^^^ ^^^ j 

Thos. Gerard, ( Purification, B. Mary. j 



15 days. 

11 R.H. 



Countj) |3alatinc of Sanrastfr. 



313 



Knights. 



Parliament at 



Joh.de Asheton, "^Chiva- ^ Cantebrigge, Morrow of Nat. 
Job. de Crofts, j lers, \ B. Mary. 

Rad.de Ipres, "^Chiva- ^Westminster, Monday after 
Job. de Asheton, 3 lers, |^ St. Hillary. 

Job. de Urse-ivjdv, Chivaler, ^ Westminster, Morrow of St. 
Job. de Croft, Chivaler, ^ Martin. 

Kobt. de Ursewike, Chivaler, ij Westminster, Morrow of All 
Robt. de Workesley, i^ Souls. 

Robt. de Ursewik, Chivaler, ^ Wynton, Octaves of St. 
Rad. de Ipre, Chivaler, |^ Hillary. 

Robt. deUrsewyke, Chivaler, ^Westminster, five days of 
Thos. Gerard, Chivaler, ^ St. Hillary. 

Robt. de Ursewike, Chivaler, ^ Westminster, five days of 
Thos. de Radeclifi", I St. Hillary. 

Robt. deUrsewyke, Chivaler, C Westminster, Feast of St. 
Ric. Molyneux, ^ Vincent. 



Wages. 

£18. 8s. for 46 days. 
a. 12 R. IT. m. 14 d. 

£22. for 56 days. 
CI. 13 JR. II. p. 2. m. 7 d. 

£30. 12s. for 34 days. ^ 
a. 14 R. II. m. 30 d. 

£1/. for 40 days. 

CI. 15 R. II. m. 26 d. 
£23. for 38 days. 

Cl.mR.ll.m. 19 rf. 

£21. for 71 days. 

CI. 17 R. II. m. 9 d. 

£12. 16s. for 32 days. 
CI 18 R. II. m. 6 d. 



CHAI'. 
VIII. 



£30. 12s. for 34 days. 

Cl.20R.ll. p. 2. 7,1.2 d. 

Job. Botiller de Weryngton, r Westminster, Monday after "J 

Chivaler, \ Exalt, of Cross, and ad- \ £16. 8s. for 41 

CI. 21 7?. II. p. 2. m. 9 d. 



Rad. de Radecliff, 



( journed to Salop. 



days. 



Henry IV. 

The ducliy of Lancaster being now united with the crown, by the duke having Members 
become king of England, the parliamentary writs of summons, in the first and second county in 
years of the reign of Henry IV. were addressed to the sheriff of Lancaster, and not of'nem^ 
to the duke. The members for the county returned in this reign were : — 



IV. 



Knights. 



Wages. 



Parliament at 

r, , ^ J TT 1 -^ /-.I • ( Westminster, Morrow of St.1 

Kobt. de Ursewjk, ) Chiva- »,,.,, f 

„ J TT 1 . J 1 i Michael, summoned by > <£26. 16s. for / 1 days. 

Hen. de Hoghton, 3 lers. t u._^ j „ S 

Claiis. 1 Heti. IF. P.\.7n.2l.d. 



Richard H. 



VOL. I. 



2S 



CHAP. 
VIII. 



314 Win ijigtjjii) of ti)e 

Knights. Parliament at Wages. 

Robt. de Ursewyks, 7 Chiva- f Westminster, five days of^ 

> , ^ „, ,T-ii I £oi. 16s. for DO days. 

Nich. de Atherton, > lers. ^ St. Hillary. 3 •' 

Clmts.2 H.IF. P.I. m3. d. 
Rich, de Hoghton, ") Chiva- ^ Westminster, Morrow of St. 



NicdeHaverington, 3 lers. ^ 



Michael. •} ^27. for 69 days. 

Clam. 4 H. IF. m. 34. d. 



Rad. de Radeclyff, Chivaler, C Westminster, Morrow of St. 7 „„, ,„ ^ ^„ , 
^ , ^ < „.,, > ct31. 12s. for 69 days. 

Robt. Lawrence, (. Hillary. 3 ^ 

Claus. 5 H. IF. P. m. 10. d. 

Jac Harryngton, | Chiva- | ^^^^^^ ^^^^ ^^ ^^^^^^^ ^^^ ^^^ ^^^. ^^ 

Rad. Staneley, 3 lers. 3 

C7«i«. 6 H. IF. m. 5. d. 



Will. Botiller, 
Robt. Lawrence, 



I Westminster, 1st of March. ^ 
Adjom-ned to 16th April. ■ 
Adjourned to 19th June. \ £j\ . I2s. for 189 days. 
Adjourned to 25th Oct. i 
Adjourned to 22d Deer, j 

Claus. 8 H. IP', m. J. d. 



Henr Hoghton, | Chiva- > ^^^^^^^^^^^ 20th October. ^21 . 12s' for 54 days. 

Rad. de Staveley, 3 lers. 3 

Claus. 9 //. IF. m. 8. d. 



The lack- To the parliament lield at Coventry in the 6th year of this monarch's reign, the 
pariia" sheriffs were couunanded by tlie king not to return any lawj^ers — persons learned 
in the law ; and hence this parliament Avas called, " The Lack-learning Parlia- 
ment." — Parliamentum Indoctum. 



Henry V. 



Lanca- 
shire 
members 
in the 
reign of 
Henry V. 



The fii'st return made in this reign, of the knights of the shire for Lancasliire, 
transmits the names of " Joh. Assheton and Joh. de Stanley, chivelers." By a 
striking singularity, the indenture mentions only the name of Sir* John Stanley, and 
entirely omits that of his colleague, stating, that Nich. Longford, knight, and all 
others named in the indenture after him, with unanimous consent and agreement, 
have made a free election, and given to John Stanley, the younger, full power to 
become a knight in the parliament to be held at Westminster, to answer for them- 



County ^alatint of aanrnstfr. 315 

selves, and all theirs, and for all the commons in the county of Lancaster, in tliose chap. 

matters wliich, under favour of the king, shall happen to be ordained in par- 

liament.* 

The corresponding indenture is lost. 

In the next parliament, " Rad. de RadclifT" and " Nich. BlundcU," are returned CI.2H.V. 

m. 10. d. 

as knights of the shire for this county. 

2 Henry V. Johannes de Stanley, Rohertus Lawrence, per indent. 
8 Henry V. Henry de Hoghton, Radus de Stanley. 

Henry VL 

The members returned to represent the county of Lancaster in this reign Members 

in the 

were : — reign of 

7 Henry VL JotiesByi'on, Rohertus fil. Roberti Laurence, knights, j:>e/-?n(/e«/. vi. 

25 Henry VL Thomas Stanley, kn'. Thomas Hariington, Esq. per indent. 

27 Henry VL The same persons. 

28 Henry VL Thomas Stanley, Jolies Butler, knights, jyer indent. 

29 Henry VI. Thomas Stanley, Thomas Harrington, knights, per indent. 
33 Henry VI. Thomas Stanley, Alexander Radcliff, knights. 

38 Henry VI. (At Leicester.) Richus Harrington, knight, Henry Hal.sall, 

j)er indent. 

39 Henry VI. — — - Richd. Haryng-ton, knt., and Henry Halsall. 

In the 7th year of tliis king's reign, the qualification of electors for counties, Quaiifi. 
which had hitherto been undefined, was fixed by an act of parliament, which ordains e?ec°ors 
that " tlie knights shall be chosen in every county by people dwelling and residing in kni'h^s of 
the same county, whereof every one of them shall have land or tenement of the gxed!"'^''' 
value of forty slullings by the year, at the least, over and above all charges," which 
is explained, by an act of the 10th of the same king, to mean, freeholds of that 
value, A\'ithin the county for Avliich the election is to be made. Hitherto all the 
freeliolders, without exception, had claimed the right of voting for county members, 

* I HENRY V. 

" Heec Indentura testatur, inter Radum de Stanley V. C. Lane, ex una parte, et Nicum 
Longford Clihs. et omnes alios post se infra istas indentures nominat. Quiquidem Nicus et omnes 
alii post se unanirai concessu et assensu eligi fecerunt liberam electionem, dant Johi de Stanley, 
juniori, plenam potestatem pro seipsis et omnibus suis essend. Militeni in Parlianiento Domini 
Regis prox. tenend apud Westm. die lunse, &c. ad respondend. pro seipsis et omnibus suis et pro 
omnibus commiinitatibus Com. Lane, ad ea quse in dicto Parliamento favente domino ordinari con- 
tingeret. In cujus rei testimonium sigilla sua alternatim apposuerunt." 

2s2 



316 



CiK ?l)i6ton) of tl)t 



CHAP, in consequence of which, it is alleged, gi-eat outrages had arisen, " wliereby luan- 

1_ slaughter, riots, batteries, and divisions among the gentlemen and otlier people of the 

said counties, shall very likely arise and be, unless convenient and due remedy be 
provided in this behalf." From the reign of Henry VI. to the present time, no 
change has been judged necessary in this qualification, though the value of money 
has in the mean time increased tenfold. 

The agitation of the Idngdom at this period, arising out of the wars between the 
houses of York and Lancaster, seems to have given rise to a violent stretch of the 
royal prerogative, — the king having, of liis own authority, summoned members to 
parliament; and hence an act of indemnity was passed 23 Henry VI., wliich provides, 
" that all such knights of any county, as are returned to tlie parliament by virtue of 
the king's letters, without any other election, shall be good, and that no sheriff, for 
returning them, do incur the pains therefore provided."* 



Edward IV. 



County 
members 
in the 
reign of 
Kdw. IV. 



The members returned for the county of Lancaster in tliis reign were : — 

7 Ed. IV. 1467. James Haryngtou, kut., and WUliam Haryngton, knt. 
12 Ed. IV. 1472. Robert Harynton and John Asshton. 
17 Ed. IV. 1477. George Stanley, knt., and James Haryngton, knt. 
From the 17th of Edward IV. to 33 Henry VIII. all the returns are lost; and 
in the latter year, though a parliament was held, no return for this county appears 
amongst the records. From that period to tlie 16th of Charles I. the writs are 
regular, and the following are the members returned as knights of the shire for this 
countv : — 



County 

members 

from 

1 Ed. VI. 

to 16 

Char. II. 


1 Edw. VI. 

7 

1 Mary. 




1547. 
1552-3. 

1553. 




1 ... 




1554. 




1 & 2 Philip 


& Mai 


•y. 1554. 




2&3 




1555. 




4&5 


. 


1557. 




1 Elizabeth. 




1558-9. 



13 



Thurst Tyldesley, Esq. — John Kechyn, Esq. 

Richard Houghton, (in whose place Robert Worsley, Knt. 
Tho. Butler, Esq. 

Rob. Sherborne, Knt. — John Rygmayden, Esq. 

Tho. Stanley, Knt. — Tho. Langton, Knt. 

Tho. Stanlej', Knt. — John Holcroft, Knt. 

Tho. Stanley, Knt. — Will. Stanley, Knt. 

Tho. Talbot, Knt. — John Holcroft, senr. Knt. 

John Atherton, Knt. — Rob. Worseley, Knt. 
1563. Tho. Gerard, Knt. — John Southworth, Knt. 
1571. Tho. Butler— John Radclitfe, Esq. 



* Sir Robert Cotton's Abridgment, p. 664. 



Coimtp |3nlatinf of i!.anra£>tn-. 



317 



14 Elizabeth 


1572. 


27 ... 


1585. 


28 ... 


1586. 


31 ... 


1588. 


35 


1592. 


39 ... 


1597. 


43 ... 


1601. 


1 James I. 


1603. 


12 ... 


1614. 


18 ... 


1620. 


21 ... 


1623. 


1 Charles I. 


1625. 


1 ... 


1625. 


3 ... 


1628. 


15 ... 


1640. 


16 ... 


1640. 



John Radcliff, Esq. — Edm. Trafford, Esq. 

Gilbert Gerard, Knt. — Rich. Molineux. 

John Atherton, Esq. — Rich. Holland, Esq. 

Tho. Gerard, son of Sir Gilbert Gerard, Knt. — Tho. Wahiis- 

ley, sergeant at law. 
Tho. Molineux, Knt. — Tho. Gerard, jun. Knt. 
Ric. Houghton, Knt. — Tho. Gerrard, Knt. 
Rich. Houghton, Knt. — Tho. Hesketh, attorney of the Court 

of Wards. 
Rich. Molineux, Knt. — Rich. Houghton, Knt. 
Gilbert Houghton, Knt. — Jolni Radcliff, Knt. 
John Radcliff, Knt. — Gilbert Houghton, Knt. 
John Radcliff, Knt. — Tho. Walmisley, Knt. 
Rich. Molineux, Bart. — John Radcliff, Knt. 
Rob. Stanley, Esq. — Gilbert Houghton. 
Rich. Molineux, Knt. and Bart. — Ale.K. Radcliff", Knight of 

the Bath. 
Gilbert Houghton, Knt. and Bart. — Will. Farrington, Esq. 
Ralph Ashton, Esq.— Roger Kirby, Esq. — Rich. Houghton, 

Bart. 



CHAP. 
VIII. 



In 1.5tli of HemyVIII. Sir Thomas More, then chancellor of the duchy of 
Lancaster, held the office of speaker of the house of commons. The learned 
chancellor's connexion A\dth the duchy has led to the mistake that he repre- 
sented the county of Lancashire in parliament, and consequently that tliis county 
has had the honotir to supply a member to the speaker's chair; but this is an 
error. 

In the 1st of Edward VI. writs of parliamentary summons were re-issued to Lan- 
caster, Preston, Liveqwol, and Wigan ; and each of these places at that period 
resumed, by royal authority, the elective franchise. Queen Elizabetli, in tlie first 
year of her majesty's reign, made a further accession to the Lancasliire boroughs, by 
the adtlition of Newton and Clitheroe ; and all tliese six boroughs have ever since 
that time regularly returned members to parliament. 

It appears that nomination boroughs were perfectly familiar so early as the reign 
of Elizabeth ; and it is probable, that both Newton and Clitlieroe have always 
2)artaken of this character : but tlie most flagrant instance of the kind upon record 
in these early times, is to be found in a bundle of returns of parliamentary writs in 
the 1 1th of Queen Elizabeth, wliicli, though unconnected with the county of Lan- 
caster, may not inaptly be introduced in tliis place. Tlie document is in tlie cliapel 
of the rolls, and is expressed in the following terms : — 



Sir Thos. 
More, 
member 
for Lanca- 
shire, anj 
speaker of 
the house 
of com- 



The an- 
cient Lan- 
cashire 
borou^'hs 
resume 
the exer- 
cise of 
their elec- 
tive fran- 
chise. 

New ho- 
rou^hs. 

Nomina- 
tion bo- 
roughs in 
the reign 
of Queen 
Elizabeth. 



318 ClK ©ISitOll) of tftf 

CHAP. " To all Clnistian people to whom this present Writing shall come. I, Dame 



VIII. 



" Dorothy Packlngton, "niclow, late ■wife of Sir John Paclington, Kt., Lord 
Dame " and Owiier of the Town oi Aylesbury, send greeting. Know ye, Me, the said 

ton's no- " Dame Dorothy Packington, to have chosen, named, and appointed my trusty 



niinees. 



" and well-beloved Thomas Lichfield and George Burden, Esqrs. to be my 
" Burgesses of my said town of Aylsbury. And whatsoever the said Thomas 
" and George, Burgesses, shall do in the Service of the Queen's Highness 
" in that present Pai-liament, to be liolden at Westminster the Eighth Day of 
" 3Iay next ensuing the Date hereof, I the same Dorothy Packington, do 
" ratify and approve to be my own Act, as fully and wholly as if I were or 
" might be present there. In witness whereof to these presents, I have 
" set my Seal this Fourth Day of 3Iay, in the Fourteenth Year of the Reign of 
" our Sovereign Lady Elizabeth, by the Grace of God of England, France, 
" and Ireland, Queen, Defender of the Faith, &c." 

The Chan- Jn the 26th year of tliis queen's reign, a very extraordinary claim was set up to 
the duchy parliamentary nomination by Sir Ralph Sadler, " eques notae viitutis," ui virtue of 
ter claims liis office of chaucellor of the duchy of Lancaster, which was no less than the right 
to nomi- to nominate both the members to rejiresent the borough of Leicester in pai'liameut. 
bers for The accouut givcii in the archives of the borough, of this claim, and of the manner in 
rough of which it was disposed of, is as follows : — 

Leicester ,, Nov. 12, 26 Eliz. — At a coiiimou hall, the slieriflF's precept being read, and 

after that sii- Ralph Sadler's letter for nomination of both our burgesses, and other 
letters; it is agTced, that sir Ralph Sadler, knight, chancellor of the duchy of Lan- 
caster, shall have the nomination of one of the burgesses; who thereupon nominated 
Henry Skipwith, esq. ; and the other chosen was Thomas Jolmson, one of her 
majesty's seijeants at arms; and either of them promised to bear their own charges." 

On what authority the chancellor grounded his pretensions to nominate members 
for this borough, except that it is within the duchy of Lancaster, does not appear, 
nor does it appear that any similar claim was ever made by any other chancellor, 
either before or since. It may be inferred from the corporation record, that members 
began about this time to serve without wages; and, it is probable, that the practice 
was gi-adually discontinued, till at length it wholly ceased. 

Commonwealth. 

The following are the names of the members for the county of Lancaster, elected 
during the Commonwealth : — 



Countj) ^Jalatmt of 2Lanra£iUi% 3i9 

1653. Will. West, John Sawiy, Rob. Cunliss. chap. 

[The name of " Praise God Barebone," occurs iu this parliament in the _ 

list of Loudon members.] 

1654. Rich. Holland, Gilbert Ireland, Rich. Standish, Will. Ashurst. 

1656. Sir Rich. Houghton, bart. Col. Gilbert Ireland, Col. Rich. Holland, Col. 

Rich. Sandish. 
1658-9. George Book, bart. Alex. Rigby, esq. 

11 Charles II.* to 2 William IV. 
The parliament of 1653 was a packed parliament, returned by Cromwell, the 
lord protector, and consisted only of one hundi-ed and twenty-one members, of whom Repre- 
one hundi-ed and ten were for England, five each for Scotland and Ireland, and one of Lanca- 
for Wales. In 1654, the right of election was again partially restored, the number of h'g the"' 
members being augmented to four hundred, of whom two hundi-ed and seventy were ^eXh!" 
chosen by the counties; the remainder were elected by London and other considerable 
corporations and towns, Manchester and Leeds being amongst the number. To the 
pai-liament of 1653, neither Lancaster, Preston, Liverpool, Wigan, or Clitheroe, sent 
any members, but the county returned three; to those of 1654 and 1656, Lancaster, 
Preston, Liverpool, and Wigan, sent each one member, and the county four. To 
thepariiament of 1658-9, Lancaster, Preston, Liverpool, Wigan, and Newton, sent 
two members each, and the county two; but no return was made for Clitheroe during 
the whole period of the Commonwealth. Though the government professed to be 
popular, the elective franchise was very much abridged during tliis period, and an 
estate of two hundred pounds value was necessary to confer the right of voting. In 
other respects, the elections were unobjectionable, except that all those who had 
carried arms against the parliament, as well as their sons, were proliibited from voting 
at the elections. 

List of the knights of the sliire for the county of Lancaster, from the Restoration 

to the present time : — 

11 Charles II. 1660. Sir Roger Bradsliaw— Edward Stanley. 

12 Charles II. 1661. The same. The same. 
29 Charles 11. 1678. Peter Bold— Charles Gerrard. 

32 Charles 11. 1681. Sir Charles Houghton— The same. 

36 Charles II. 1685. Sir Roger Bradshaw— James Holt. 

3 James II. 1688. Lord Brandon— Sir Charles Houghton. 

* The reign of Charles II. is dated from the death of his royal father, in 1649, in the calendars; 
and that chronology is adopted in this list, thougli his reign did not commence de facto till 1660. 



320 



Cftr il?i£(ti3ii) of ti)t 



CHAP. 1 William & Mary 


1690. 


James Stanley, 




Ralph Ashton. 


VIII. 7 William III. 


1695. 

1698. 


The same, 
The same. 




The same. 


10 


Fitton Garrerd. 


.13 


1701. 


Tlie same, 




Robert Bold. 


14 


1/02. 


The same. 




The same. 


3 Anne 


1705. 


The same. 




Richard Shuttleworth. 


6 ... 


1708. 


The same. 




The same. 


8 . . . 


1710. 


The same. 




The same. 


11 .. . 


1713. 


Sir John Bland, 




The same. 


12 . . . 


1714. 


The same. 




The same. 


8 George I. 


1722. 


The same. 




The same. 


13 . .. 


1727. 


Sir Edward Stanley, 


The same. 


7 George II. 


1734. 


The same. 




The same. 


14 . .. 


1741. 


Lord Strange. 




The same. 


20 ... 


1747. 


The same. 




The same. 


27 ... 


1754. 


The same. 




Peter Bold. 


1 George III. 


1761. 


The same. 




James Shuttleworth. 


2 ... 


1762. 


J. Smith, (Lord 


Strange), 


James Shuttleworth, Esq. 


8 ... 


1768. 


The same. 




Lord Arch. Hamilton. 






Richard L. V. Molyneux, 


Sir Thos. Egerton, Bart. 


14 ... 


1774. 


E. Smith, (Lord Stanley,) 


The same. 






Hon. Thomas St 


anley. 








Thomas Stanley, 


Esq. 




20 ... 


1780. 


The same. 




Sir Thomas Egerton, Bart. 


24 ... 


1784. 


The same. 




John Blackburn, Esq. 


30 ... 


1790. 


The same. 




The same. 


36 ... 


1796. 


The same. 




The same. 


41 ... 


1801. 


The same, 




The same. 


42 .. 


1802. 


The same. 




The same. 


46 ... 


1806. 


The same. 




The same. 


47 ... 


1807 


The same. 




The same. 


53 ... 


1812. 


Lord Stanley, 




The same. 


59 ... 


1819. 


The same. 




The same. 


1 George IV. 


1820. 


The same. 




The same. 


7 ... 


1826. 


The same. 




The same. 


1 William IV. 


1830. 


The same. 




John Wilson Patten, Esq. 


1 ... 


1831. 


The same. 




Benjamin Heywood, Esq. 



Of all the Lancashire boroughs, Liverpool alone has risen into eminence; and for 
tliis distinction it seems indebted rather to the local advantages of its marine 
situation, than to its chartered privileges. Preston has at all times occupied a high 
station amongst the to^viis of the county ; but for several centuries it was perfectly 



Count)) ^^alatiue of ^Lanrndtfr. 321 

stationary In its wealth and population ; and it was not till its corporate restrictions chap. 

were materially relaxed, that it began to increase in either. The other boroughs of 

the county have not undergone any material changes in the lapse of ages, Avhile a 
number of the other towns of Lancashii-e have been increasing within the last cen- 
tiuy in a ratio altogether unexampled. 

For many years, and, indeed, for some ages, the political character of the county I'oiiticai 

ITT 1 I'lr- f • • c ^ <• 1 cliaiacter 

representation had displayed itselt m a division oi the return of members between the of the re- 
Stanley family, as the head of the Whig party, and the Tory interest, of which Jolin tion of 
Blackburne, esq., the venerable proprietor of Hale Hall, was the organ ; but at the silire. 
general election in 1831, the disposition of the county in favour of the then pending 
Reform Bill, (of which the most conspicuous features were its disfranchising the 
decayed boroughs, and conferring the elective francliise on many of the popidous 
unrepresented towns of the country,) was so strong, that this tacit arrangement was 
no longer acted upon, but tAVO members were returned, both of them in favour of the 
new system. 

The alteration made by the Reform Act, in tlie representation of the county of Alteration 
Lancaster in parliament, is more considerable than in any other county in tlie king- presenia- 
dom ; the princijjle of the elective franchise being property and population, and county 
both property and population having increased more in this than in any other roughs of 
county since the representative system Avas first settled in the reign of Edward I. shTre by 
That "poverty and debihty" which for so long a period induced the inliabitants of lilfnlTn'ta- 
all the parliamentary boroughs in the county of Lancaster to suffer their elective Act'^of"'^'" 
rights to sink into abeyance, now no longer exist, but have given place to an amount '^*^' 
of wealth and population, whicli fully entitles most of those boroughs, and several 
other towns in the county, to send their representatives to the national councils. 
By the provisions of this memorable act, entitled, " An Act to amend tlie Rcpresen- Passed 
tation of the People in England and Wales," and the act " To settle and describe 1832. ' 
the Divisions of the Counties, and the Lunits of Cities and Borouglis," consequent J'assed 
upon it, the privilege of senchng four members to parliament as kniglits of the sliire, i832. 
instead of two, is conferred upon the county of Lancaster. For the convenience 
of the electors, the county is separated into two parts — the northern and the 
southern: — for the northern division, consisting of the Avhole of the hunch-eds of 
Lonsdale, Amounderness, Leyland, and Blackburn, the election is to be held in 
the borough of Lancaster ; and for the southern division, consisting of the whole of 
the hundreds of Salford and West Derby, the election is to be held in the town of 
Newton. 

By schedule A, of the Reform Act, the borough of Newton, in this county, is dis- 
franchised; and by scliedule B, the borough of Clitlieroe, instead of sending two 



322 Cbe Instoii) of ti)t 

CHAP, members to parliament, is allowed only to return one. By schedule C, Manchester, 

^'"'' Bolton, Blackburn, and Oldliam, are erected into boroughs, with the privilege of 

sending two members each to parliament; and by schedule D, Ashton-under-Lyne, 

Bury, Rochdale, Salford, and Warrington, are also created boroughs, Avith the privilege 

of sending one member each. 

The number of members sent by Lancaster, Liverpool, Preston, and Wigan, 
remains unaltered, so that an actual increase of two members is made to the knights 
of the shire, and ten members to the borough representation of the county. 



The Boroughs in the Northern Division are — 

Blackburn — which sends Two Members. 

Clitheroe One Member. 

Lancaster Two Members. 

Preston Two Members. 

The Boroughs of the Southern Division are — 

Ashton-under-Lyne — which sends .... One Member. 

Bolton-le-Moors Two Members. 

Bury One Member. 

Liverpool Two Members. 

Manchester Two Membei's. 

Oldham Two Members. 

Rochdale One Member. 

Salford One Member. 

Warrington One Member. 

Wigan Two Members.* 

In the early periods of the representative history of this county, the members 
returned for the boroughs were chosen out of the respective communities wldch they 
were sent to represent, namely, the merchants and other principal inhabitants ; and 
one gi'eat object of the recent changes in the constitution of the lower house of 
parliament, has been to revive this system in large, commercial, and manufacturing 
toivns, though it is probable tliat the principle Mill not be carried, in those places, to 
the extent of the entire exclusion of men of eminent talent and worth, who may 
possess no claim on the ground of local connexion. 

* The boundary of each borough of the county, as defined in the act 2 and 3 William IV. cap. 64. 
will he inserted in the history of that borough. 



£ounti) |3alcitinc of iLaurastfr. 



323 



Cfjap, if. 



Important period in Lancashire history. — Royal clemency towards the adherents of Thomas, earl of 
Lancaster — Attainder reversed. — Battle-roll of Boroughbridge. — Scotch invasion. — Lancashire 
banditti. — Redress of public grievances. — Levies in the county. — Cattle removed into the south. — 
The invaders punished. — Subsidy in Lancashire on the marriage of the king's sister. — Talliages 
in the county, shewing the relative importance of the principal towns. — Statute of Winton 
enforced in Lancashire. — Consequences in the county of renewed wars. — Splendid naval victory. 
— Fresh levies in the county. — Flocks and herds again driven. — Signal overthrow of the Scots, — 
Their king made prisoner. — Pestilence. — Creation of the first duke of Lancaster. — On the origin 
of the title of Duke. — Heavy imposts on the people of the duchy. — Impressment of ships. — 
Maximum of agricultural wages.— Death of the first duke of Lancaster — His will— His posses- 
sions. — Administration of the first duke, from the rolls of the Duchy.— Renewal of the dukedom 
in the person of John of Gaunt. — Papal bull. — Levy of ships at Liverpool. — Non-exportation 
from thence. — Renewed alarm of invasion. — Parish tax. — Exchange of Richmondshire for other 
possessions. — The franchise of jura regalia confirmed, and extended in favour of the duke of 
Lancaster. — Letters of protection to Lancashire men. — No restrictions on the importation of 
e:rain in these early times. — Continuance of the royal bounty to the house of Lancaster. 




IvE of the most spirit-stirring periods in the early chap. 



annals of Lancashire, is that comprehentlecl in the 
long reign of Ed^vard III., at which, in the order of 
our history, we have now arrived. In this reign, the 
estates of the house of Lancaster, forfeited by the 
defection of the head of that house, were restored and 
augmented; the ducal dignity was confeiTed upon 
Henry, the first duke of Lancaster, and the second 
duke created in England ; the county was erected into 
a palatinate jiiristUction, with jura regalia, and John 
of Gaunt, the chstinguished ornament of the ducal house, flourished in princely 
splendour in the exercise of regal functions. To add to the interest of tliis portion 
of our liistorr the public records of the kingdom abound with authentic materials ; 
and our dilBculty has arisen, not from the deficiency, but from the redundancy of 
those materials, which, being too copious to be published in detail, can only be 

2x2 



IX. 



Important 
period in 
Lanca- 
shire liis- 
tory. 



324 €i)t il?teitJ3ri) of tl)t 

CHAP, presented iu selection, and often by close abridgment. An ordinary-sized volume 
^^' would scarcely contain all the interesting documents belonging to the liistory of 



Lancashire in this reign ; and in the researches of that rich dej^ository, the office of 

the duchy of Lancaster, we have found extreme difficulty, as will be perceived in 

the course of the present chapter, in keeping within those bounds which the limits 

of this work necessarily prescribe. 

Royal cie- One of the first acts of Edward IIL, on ascending the tlu'one, was to relax the 

wards t'he severity of those decrees, under which Thomas earl of Lancaster, by the advice of 

of Thomas the viudictivc Despensers, had been doomed to the block, and the estates of the earl, 

Lancaster, ^s Well as of his foUowcrs, to coufiscatiou. Edmund de Ne\ill, by petition laid 

before the king in coimcil, humbly represented, that at the command of Thomas, 

earl of Lancaster, in whose service he was, he had arrayed certain persons to arrest 

Hugh le Despenser, and others of the counsellors of the late Idng, for which offence 

he had been fined one hundred marks ; of tliis fine he had paid thu-ty marks into tlie 

exchequer, which he prayed might be accepted in discharge of his fine, and which 

request the king was pleased graciously to gi-ant.* 

Another petition was presented by the wardens of the temporalities of the bishop 
of Hereford, who alleged, that in the quan-el of Thomas, earl of Lancaster, the 
venerable father had adhered to Roger de Mortimer, of Wygmore, and sent certain 
men at arms to assist in that quarrel, for which liis lands had been declai-ed forfeited, 
but that he now repented of liis errors, and prayed that liis possessions might be 
restored ; wliich prayer was also granted.f 

An order from his majesty in council, to the sheriff of Lancasliii'e, issued this 
year, directs, that the lands of Richard de Holaud, who had been engaged in the 
quarrel of Thomas, earl of Lancaster, against the Despensers, should be restored, 
and delivered into his hands ; and the king, by the assent of parhament, ordered 
writs to be directed to the treasurer and barons of the exchequer, for releasing 
fi-om fines and confiscation, those who had joined Thomas, earl of Lancaster, 
against his majesty's deceased father, in the battle of Boroughbridge.| 
Reversal But the Consummation of all this clemency was in the reversal of the attainder, 

."lilder!'" and the cessation of all proceedings against Thomas, earl of Lancaster, on the peti- 
tion of liis brother and heii-, Henry, the now earl, to whom all the estates, forfeited 
by his deceased brother, were restored by a special act of gi-ace, dated the 3d of 
March, 1328. The order of restoration of the lands, profits, castle, and honor 

* 1 Edw. III. p. 1. m.21. TuiT. Lond. t Ibid. m. 13. 

t The roll of the battle of Boroughbridge, in possession of C. W. W. Wynn, Esq., published in 
Division II. of the Parliamentary Writs, and Writs of Summons, (Append. 188.) serves to 
shew the extent of this rebellion, and the quality of the rebels. No fewer than three hundred and 



Coimti) IJalntmr of itanrastfr. 



325 



of Lancaster, to Henry, eail of Lancaster, is directed to John de Lancaster, warden 
or keeper of the honor of Lancaster ; Geofrey de Werhurton, sheriff of Lancaster ; 
Edmund de Assheby, keeper of the fees of the honor of Lancaster ; and to the 
various other officers of tliat honor.* 

As if it had been intended to propitiate the manes of the deceased earl, a brief was 
issued fi-om York, to Robert de Weryington, clerk, enabling hhn to collect alms 
in various parts of the kingdom, to defray the cost of the erection of a cliapel, to be 
built on the site where Thomas, eai-1 of Lancaster, had been recently beheaded. 



CHAP. 
IX. 



fifty barons and knights had arrayed themselves under the banners of Thomas, earl of Lancaster, in 
this memorable insurrection, of whom the following were killed or taken prisoners, exclusive of a 
great nuniljer of knights of somewhat inferior note, who were captured, and their lands confiscated 
by Edward II., but principally restored by his successor : — 

" Les nouns des g^untz mortz a Borghbrigge le Marsdy 1 le Meherdy apres la feste Saint Gre- 
(joire I'an du regne le Roi EDWARD fiz. au Roi EDWARD quinzisme ' q furent cotf le Roy.' 

" Le Comte de Hereford. 

" Sire William de Suleye. 

" Sire Rog. de Berefeld. 

" Sire Hug. Lovel, e treis Esquyers. 

" ' Sir Raiif de Elington.' 

" Sir Rog. Dammory, fust mort un poy devaunt a ' Tottebury.' 



" Banneretz priz a Borghbrigge T; aillours ' en memes el temps.' 

" Le Counte de Lancastre fust de ' colec' 

" Sire Jofm de Wylington, 

" Sire Gilb'. Taillebot, 

" Sire Phelip Davey, 

" Sire Robt. de Wadeville, 

" Sire Adl de SwylintoTi, 

" Sire Rog. de Clifford, 

" Sire Will. Touchet, 

" Sire Henr Tyeys, 

" Si? John Giffard. 

" Sire Earth de Bedlesm'e. 

" Sire John de Moubray, 

" Sire Waryn del Idle, 

" Sire Thorn. Maudyut, 

" ' Sir Willejiz Willi, le fiz.' " 



Iceux furent treynez '\ penduz 
' ' de Banerez.' " 



2 Edw. III. p. 1. m. 18. Turr. Lond. 



326 



JTIje fii^tovi] of t])t 



CHAP. 
IX. 

Inciir- 
siuns uf 
the Scotch 
into the 
northern 
counties 
signally 
punished. 



Lanca- 
shire 
banditti. 



I'rocla- 
mation for 
the redress 
of public 
"rongs. 



Tlie Avar witli Scotland still continued, and the incursions of the Scots exposed 
the inhabitants of the northern counties of England to the most severe suffering. 
The young king, anxious to avenge the AATongs committed upon his subjects, j^laced 
himself at the head of liis anny ; to increase which, he dii-ected his mandate to the 
commissioners of array of cavalry and infantry, in the county of Lancaster, 
announcing that the Scots were preparing to invade the kingdom, and ordering them 
to prepare with arms all the men in the county, between the ages of sixteen and 
sixty, to join the king at Durham.* The effect of this expedition was to free the 
country from the invaders, by the overtlu'ow of the Scots army ; and the death of 
Robert Bruce, king of Scotland, ^ hich occurred on the 7th of June, 1 329, prevented 
any further active hostility between the two countries for some years. 

At tliis time the county of Lancaster was much disturbed ; large bodies of 
armed men assembled in the hundreds of Salford and West Derby, to the alarm 
of the peaceable inhabitants, and the insecurity of their property and lives. To put 
an end to tliis state of tilings, the king adckessed liis waiTant to the sheriff of Lanca- 
shire, commanding him to make public proclamation, that whoever should in future 
assemble in this way, would be subject to imprisonment and the loss of their anns.f 

This measure does not appear to have had the desired effect. It was found 
necessary in the following year to appoint a commission, consisting of John de 
Haryngton, Thomas de Lathom, Richard de Houghton, Richai'd de Kigheley, and 
Gilbert de Wai-burton, as guai'dians of the public peace. In the proclamation by 
which this commission was accompanied, it is stated, that great multitudes of vaga- 
bonds and others assemble illegally together, by day and by night, watcliing the 
passes through woods and other places, both public and private, and that these ban- 
ditti way-lay travellers, beating, wounding, and abusing them; Idlling some of them, 
maiming others, and robbing all of them of their property. The functions of the 
guardians of the peace were very extensive; they were no less than the powers of 
inquiring into offences, and of correcting and punishing the offenders at then- own 
discretion. 

While the government were punishing the outrages of the lawless, they were 
not unmindful of the oppressions and delinquencies practised by their own ser- 
vants; and hence Ave find that, in the folloAnng year, a Anit was issued by the 
king's authority to the sheriff of Lancaslme, reciting, that in consequence of the 
representation that divers oppressions and hardsliips had been inflicted on the inha- 
bitants by men in authority, he was to make proclamation, that whoever had sufTered 
oppression and hijustice, contrary to the laws and usages of the realm, should make 



Rot. Scot. 1 Edw. III. m. 4. Turr. Lend. 



t Claus. 2 Edw. III. m. 20 d. Tuir. Lond. 



eotmtp ^Jalatiiif of i.anra5tn% 327 

known tliek grievances to the next pavliaracut, tlirough the two knights of the shire, chap. 
to be sent from this county to that parliament.* 

The county was now tlu-eatened ^rith a fresh wai-. The regency, by wliich the Fresh 
Scotch nation was governed during the minority of the prince, declined to recognize Lanca-" 
the claims of Edward Baliol, whose cause the English king had espoused, and 
taillage Avas levied of a fifteenth, to enable him to carry on the war, of wliich William 
de Denum, Thomas de Baneuburgh, and Robert de Tughole, were appointed the 
assessors in the northern counties of Lancashii-e, Nortluunberland, Cumberland, and 
Westmoreland ; while Henry de Percy was appointed warden of the marches. The 
demands upon Lancashii'e Avere not confined to money; a levy of four hundred 
archers and one hunch-ed hohelers, very strong and able-bodied men, fully accoutred, 
were requii-ed from this county, and John de Denum, Edward Neril, and Robert de 
Shii-eburn, were appointed to array the levy.t At the same tune, a writ of summons 
was addressed to Henry, earl of Lancaster, dii-ecting him to join the king at New- 
castle-upon-Tyne, on the Feast of the Holy Trinity. 

In the mean time, the Scots forces had penetrated into the northern counties, and Removal 

. . . , of cattle, 

spread so much alarm by their homicides and devastations, that a WTit was issued to c^c. out of 

. . •<■! • e ^ • -x ""^ countv 

the sheriff of Lancasliire, announcing that the king, for the protection oi the mha- into the 
bitants, permitted them to Aritlubaw themselves, with their goods and cattle, out of 
the county into the southern parts of the Idngdom, and there to remain wherever they 
chose in the king's woods, forests, and pastures, during their pleasure, and to graze 
their cattle in the same Arithout making any payment for so doing. It Avas also 
announced that sunilar commands had been given to the bishop of Durham, and to 
the sheriffs of Northumberland, Nottingham, and Derby .J 

Signal and speedy vengeance was inflicted upon the Scots for this violation of The in- 
the English territory. The king, who Avas then at Pontefract, at the head of a again 
powerful army, on his Avay to the north, marched forward to Berwick, in wliich 
garrison the regent Douglas had fortified himself. After a protracted siege, a 
general battle ensued, in which Douglas Avas killed, and nearly tliirty thousand of 
the Scotch troops fell in the action, in which, according to Knyghton, the loss of the 
English amounted only to one knight, one squire, and thirteen private soldiers ! — 
a loss, as the liistorian Hume observes, so small as almost to be increcUble. 

The tailliage, or tallage, collected in tliis reign, as mentioned above, was a kind Taiiiiage 

. , . _ , . in Lanca- 

of occasional property rtax. In the 1 1 Henry III. a taiUiage Avas made m Ijancaslure, shire, 
which serves as a barometer by Avliich to measure the relative importance of the the reia° 

tive im- 



portance 
of its 



Clans. 4 Edw. III. m. 18 d. Turr. Lond. t Pat. 6 Edw. III. p. 3. m. IS. Turr. Lond. [^^3. " 

: Claus. 7 Edw. III. p. 1. m. 18. Turr. Lond. 



328 Ci)f ?i?i^txirj? of ti)t 

CHAP, principal towns of the county, in the tliii-teenth century. Tlie impost was ■ 
" assessed by " Master Alexander de Dorsete and Simon de Hal," and the payments 

were for — 

Marks. s. d. 

Tlie town of Lancaster xiij. 

The town of Liverpool xj. vij. viii. 

The town of West Derby vij. iiii, iiij. 

The town of Preston xv. — vj. 

The tenants in theinage paid x marks to liave respite, that they might not be 

tailliaged.* It is remarkable that neither Manchester nor Salford are mentioned in 

tliis early return to liis majesty's exchequer, and that Wigan, though one of the 

ancient boroughs of the county, is also omitted. 

Subsidy On the marriage of the king's sister Alionora to the earl of Gerl*, an order was 

the county issued to the abbot of Furness, and to the priors of Burscough, Up-Holland, and 

mairiase Homby, as Well as to the abbot of Whalley and to the priors of Kertmell and 

king's sis- Coningsliead, requiring them to levy the subsidy on their respective houses, towards 

'*"■ the maritagium, an impost of early times, wliich ceased -nitli the feudal system.f 

This order the priests were slow to obey, in consequence of which another letter was 

issued by the king from Pontefract, reminding them of their neglect, and ordering 

them to communicate their intention to the proper authority. No further documents 

appear on the subject; and it may be presumed that this second application produced 

the desired effect. The abbot of Peterborough, in order to shew his attachment to 

the king, and to secure the favour of the noble family wliose influence at this time 

Service of prevailed in his majesty's councils, presented Edward with a splendid service of plate, 

^' Lancas- amougst which was a silver gilt cup with a scuchon, on which was engi-aved the 



ter arms." 



arms of " Lancaster." 



Statute of The danger of invasion from the Scotch, which prevailed so fi-equently during 

Winton t • r t-> t • a ./ o 

enforced the rcigu of Eward IIL, induced that monarch to issue an order to Robert de 
shire. Sliireburn and Echuund de Ne-ville, directing them to enforce, in the county of 

Lancaster, the statute of Winton, for arming and arraying the inhabitants according 

to their respective estates in land. \ 

* " Tallagium per Magistrum Alexandrum de Dorsete & Simonem de Hal. Villata de Lankastre 
r. c. de xiij marcis de eodem. Villata de Liverpul r. c. de xj marcis & vijs. & viijd de eodem. 
Vellatade Westderby r. c. de vij marcis & vij s. & viijd de eodem. Tenentes inTheinnagio (debent) 
X marcas, pro habenda respectu ne talientur. Villata de Preston r. c. de xv marcis & vjd de eodem 
(taillagio,) with several other towns." Mag. Rot. 11 H. III. Rot. 1. a. Lankastre. 

t Claus. 7 Edw. Til. p. 1. m. 23. Turr. Lond. 

t The statute of Winton, passed 13 Edward I. requires that persons possessing fifteen pounds in 
land or upwards, and chattels of the value of forty marks, shall provide themselves with a halbert 



County |3alntinf of aanrasti^r. 329 

England being again involved in war ^\-itli France, the king deterniiued to chai'. 
embark for the continent, partly to du-ect its operations, but principally to animate _1J__ 



by his presence, that extensive confederacy wliich he had organized against Philip, ReneweJ 
the French king. This intention was announced in Lancashire by a writ, dii'ected theu'con- 
to John de Haryngton, Edmund de Nevill, and Richard dc Houghton, knights, by fnLanca- 
which they were directed, along \rith other knights, to be in their proper persons ^elh ' 
" present before the king in council at Westminster, the day after Easter, to hear '*'"^^" 
what he had to expound to them for theu* conduct, during his absence on most urgent 
business, in parts across the sea," and with the further purpose of receiving instruc- 
tions, to preserve the peace inviolate during his absence.* Although parliaments 
had then been only very recently instituted upou the model of popular representa- 
tion, the royal influence began already to exert itself, to obtain the return of such 
members to the house of commons as would best secure the king's purpose, by 
gi-anting liim large supplies out of the public revenue ; and this appears to have 
been the object of Edward, in summoning these knights by the authority of Ids own 
writ. The parliament which was convened on the recommendation of tliis council, 
made a gi-aut for two years of the ninth sheaf of corn, and the ninth lamb and fleece, 
on then* estates ; and fi-om the burgesses, of a ninth of their moveables, at the true 
value. The same parliament also granted a duty of forty shillings on each sack of 
wool exported, on each three hundred woolfells, and on each last of leather, for the 
same term, declaring, however, tliat tliis grant was not to be di-a^Ti into a precedent. 
But in order to facilitate the supply, and to meet the king's urgent necessities, they 
agi"eed that he shoidd be allowed twenty thousand sacks of wool, the amount to be 
deducted fi'om the moveables when they were levied. Local treasuries became 
necessary, as deposits for the sums collected in the respective counties, and the 
abbot of Furness accordingly received a conunaud to pronde a suitable house in liis 
abbey, for " the custody of the king's pence." A writ of summons was at the same 
time directed to the sheriff" of Lancashu'e, ordering him to arrest the ships in the 
ports, and to man and equip them for action."]" With the fleet, consisting of two 

(haberjonem), an iron cap, a sword, a cultel, and a horse; often pounds in land, and chattels 
value twenty marks, a halbert, sword, and cultel ; of one hundred shillings in land, a purpoint iron 
cap, sword, and cultel ; of forty shillings in land, and more up to a liundred shillings, a sword, a 
bow, arrows, and cultel ; and he who had less than forty shillings in land, to be sworn. Persons to 
have arms and armour in their houses, according to the quality of their lands and goods. This sta- 
tute also provides, that the people of every hundred shall be answerable to the sufferers for the 
robberies and other offences committed in their respective hundreds. 

* Claus. 12 Edw. III. p. 1. m. 37. d. Turr. Lond. 

t Rot. Aleman. 12 Edw. III. p. 1. m. 23. Turr. Lond. 
VOL. I. 2 u 



330 CJk S)isitxiri) of tl)t 

CHAP, bimcked aud forty sail, principally collected in this wav, the splendid victory of 
_^_J__ Sluisse was obtained hy Edward over the navy of France, in which two hunth-ed and 
Splendid thirty French ships were taken, and thirty thousand Frenchmen killed, alons Avith 

ii(ivB.I vic- 

tory. theii' two admirals, while the loss of the English was comparatively inconsiderable.* 

Fiesh le- Although this sig-nal victory had given to the navy of England a superiority 

Lanca" wliich it has never since lost, the alarm of invasion spread very generally, and, 

^ ""^' amongst other prepai'ations made to repel the invaders, it was ordered, that fifty 

men at arms, tlu'ee liundred anned men, and three hundred archers, should be 

raised in this county, of which number, twenty-five men at arms, and one Imncked 

and twenty archers, were to be contributed by the following gentlemen if — 

Monsr Johan de Harragton, pur lui 7 v i -v. t o vt »- 

•> o ' L i -^ homes a armes & XL arcnrs. 

& son pier 3 

Robt de Radeclif, V homes d' armes & XL archrs. 

Henry de Trafford, X homes d' armes & XL archrs. 

The warlike spivit of the king had involved him in hostilities both with Scotland 
and France ; and in the foUowmg year a writ of military simimons was issued to 
Gilbert de Clyderowe and to Robert de Radeclyf, ordering them to assemble the 
men at aims, and ai'chers, under their command, to meet the king at Carlisle, by 
Quadi-agesima Sunday, to repel the invasion of the Scots.J At the same time, 
John de Helleker, the king's receiver for Lancashu-e, was ordered to send money to 
Carlisle, towai-ds repairmg the fortresses of that city, and the abbot of Furness was 
commanded to proAide a suitable house in liis abbey for the custody of the king's 
pence. To the joy of the people, a proclamation was tliis year received in Lanca- 
sliii-e, and in the other counties of England, commanding the sheriff to publish a 
truce between the king and Philip de Valois, and between the English and the 
Scotch. 

Little reliance, however, appears to have been placed upon the permanent restora- 
tion of tranquillity, for in the following year the sheriff of Lancashire was ordered to 
provide one hundred bows and one thousand sheaves of arrows, for the expetUtion 
into France.§ This was speedily followed by another order to the sheriff, directing 

* Froissard, liv. i. chap. .51. f Rot. Pail. 13 Edw. III. vol. ii. p. 110. 

t Rolls of Pail. vol. ii. p. 110. 13 Edw. III. No. 33. 

^ The price of bows is fixed in the goveniment order at one shilling each, which sum is also to be 
allowed for a sheaf of arrows, except when they are guarded with steel (aceratse), and then the charge 
js to be one shilling and twopeiice. 



Coiintj) ^3tilatine of Sanrasitrr. 331 



him to provide a tliousaud sheaves of steel-headed arrows, and a thousand bow- chap. 

IX. 

strings. 



In the war with France, wliicli was speedily renewed, Henry, eail of Derby, son 
of the earl of Lancaster, gi-eatly distinguished himself;* and the events of this war, 
in wliich tlie French king was taken prisoner, shed an imperishable renown on the 
military character of England. For the prosecution of the contest, large lenes were 
raised in all the counties of the kingdom ; and an order was cUrected by the king to 
the sheriff of Lancasliii-e, commantUng him to make proclamation, that all barons, 
bannerets, knights, and esquires, in the county, within the age of sixteen and sixty, 
should be forthwith prepared with horses and arms, to attend the king across tlie 
sea, to enable him to put a speedy and successful termination to the war.f Not 
only the noble, but the ignoble also were embarked in this service, and the sheriff 
received soon after a writ of military service, commanchng him to make public 
proclamation, that all persons in his county who had been foimd guilty of felonies, 
liomicides, robberies, and other offences, and had been pardoned by the king's 
clemency, should pro\ide tliemselves with arms and acoutrements, and march to join 
the royal army on its embarkation at Portsmouth for France. 

Tlie Scots, under David Bruce, availing themselves of the opportunity whicli xiie flocks 
the absence of the English forces afforded, prepared to invade the northern counties ; of the'^" ° 
on which a ^vi-it was addi-essed by the king to the sheriff of Lancashire, announcing ag"in^ 
the danger of the country, and ordering him to make proclamation, that all the men seerpro- 
of the county sliould remo^•e their live stock to the forest of Galtres, in the county of ''^'^''''"■ 
York, where tliey might be preserved in safety, and wliere the flocks and lierds 
would enjoy pasturage free of c]iarge.| 

The king of England being engaged in the Frencli wars, aided by his son, tlie signal 
Black Prince, and Ijy the earl of Derby, queen Pliilippa assembled a body of onhe''™^'^ 
soldiers, to repel tlie Scotch invaders. This force, under the command of lord Percy, a^n,'^.'' 
met at Neville's Cross, with the determination to revenge the insults which liad been 
offered to the country, and to put an end to the violations which liad been committed 
upon the property of the iuliabitants. Animated, in that chivalrous age, to the 
higliest pitch of enthusiasm by the presence of the queen, who rode along their ranks 
previous to the battle, tlie English troops, though not numerically amounting to 
one-fourth of the number of the Scotcli, fought like lions. Tlie enemy Avas broken 
and chiven off the field, and fifteen thousand of them were made to bite tlie dust, 
amongst whom was the earl marshal of Scotland. To crown tliis niemoralile victory, 
David Bruce, the Scotch king, was made prisoner, and conveyed to London, along 

* See c. iv. p. 136. + Rot. Fiaiir. 10 Edw. III. p. 2. m. 12. Tiirr. Lond. 

I Claus. 19 Edw. 111. p. 2. in. 10. d. Tun. Lond, 
2u 2 



332 



mjt ?^i£(tori) of tiit 



CHAP. 
IX. 

Dasid 
Bruce 
taken 
prisoner. 



Impress- 
ment of 
ships in 
Lanca- 
shire. 



Dreadful 

pestilence 
in the 
county. 



Tlie first 
diilcedom 
of Lancas- 
ter, the re- 
ward of 
splendid 
public 
services. 

The first 
creation of 
dukes. 



•nitli a number of Ids captive nobles, in triumph.* Tlie number of prisoners taken 
in tliis battle was so large as to fill all the prisons of Lancashire. The inhabitants, 
in order to relieve themselves from the burden of the support of so many prisoners, 
liberated a number of them, in the hope that they would return to their own country, 
but instead of pursuing this course, they began to commit depredations ; on which the 
government instituted a commission, consisting of Thomas de Latham, .John de 
Haryngton the younger, and Nicholas le Botiller, to make inquisition into the 
alleged liberations, and to announce that the persons guilty of this oflfence against 
the public safety would be liable to the forfeiture of life and limbs.t 

In order to reinstate the English navy in its former strength, after the splendid 
victory of Suisse, a tax somewhat resembling that attempted to he imposed by 
Charles L though unattended by its disastrous consequences, was levied in the sea- 
ports of Liverpool and Chester, under the authority of an order from the king, by 
wliich the collectors of the sliip-money were directed to collect the subsidy of two 
shillings the sack on wool, and sixpence Hie pound on moveables, for sixty large 
ships of war (grossis navibus de guerra,) and to deliver the money so assessed to the 
admiral of the fleet of those ports. A contribution was also made in Lancasliire, 
in favour of Echuund Baliol, king of Scotland, the nominee of Edward, king of 
England; and Richard Molineaux and his associates, collectors of the triennial 
tenths recently gi'anted to tlie king, were ordered to transmit one hundred and 
eighty-four pounds, in two instalments, out of the sums collected for the king's 
exchequer.! 

At this time a pestilence of the most fatal character raged in the county of Lan- 
caster, and indeed in all the other counties of the kingdom; and so malignant were 
its effects, that one-third of the inhabitants became its victims. According to Stowe, 
the annalist, fifty thousand persons died of tliis plague in the city of Norwich, and an 
equal number were interred in one bm-ial-ground in the city of London. 

The brilliant career pm-sued in France by Henry, earl of Lancaster and Derby, 
determined the king to confer upon liim a signal mark of the royal favour, by 
creating him duke of Lancaster.^ The origin of tliis title is thus represented by the 
heralds : — 

" The first creation of the title of duke, as chstinct from that of eai'l (for in the elder 
times they were oft synonymous with us) was in the eleventh year of Edward the 
Thud, when in parliament he conferred upon his eldest sou, being then earl of 
Chester, the title of duke of Cornwidl. The investiture of this fii'st duke was only 
by girding him with the sword, although some learned men, confounding, it seems. 



* Froissard, liv. i. c. 139. 

X 23 Edw. III. 



t Rot. Scot. 20 Edw. III. m. 4d. Turr. Lend. 
^ 25 Edw. III. 1351. 



Countj,) ^alatint of XanrasJttr. 333 

the ceremonies of his being afterwards made prince of Wales, with this creation into chap. 
the title of duke, say he was invested by a ring, a rod, and a coronet, all of which " 

indeed together ai-e mentioned in some patents of the following times, that seem to 
create the eldest sons dukes of Cornwall, as well as princes of Wales, and earls of 
Chester. The same investiture also, by the sword ouly, is mentioned in the creation 
of Henry, the first duke of Lancaster, about fourteen years after tliis first creation of 
the duke of Cornwall. He was created for life in parliament, and the clause of 
investiture, in the charter, is only nomen ducis Lancastriae, imponimus S^ ipsum de 
nomine ducis dicti loci, per cincturam gladii praesentiaUter investimiis ; and the 
county of Lancaster as a county palatine, with reference to tliat of Chester, for 
example of jurisdiction, is given to him as the body of liis duchy * Afterward, in 
36 Edw. III. on the last day of the pailiament, Lionel, duke of Clarence, and John, 
duke of Lancaster, both sons to the king, were honoured with those titles, Lionel 
being then in Ireland ; but the other being present, had investiture by the king's 
girding him with a sword, and his putting him on a cap of fur, desus in cercle d'or 
^ de petvs, as the roU says, that is, under a coronet of gold and stone.s." 

Soon after the first establishment of the duchy of Lancaster, heavy complaints Heavy 
■were made by the inhabitants, in consequence of the two-fold pressure of taxation; the''peniX 
fii-st, for the support of the state, and, next, for the maintenance of the institutions of duchy. 
the duchy. To alleviate tlieix* burdens, the king addi-essed a mandate to the duke 
of Lancaster, or to his lieutenant and chancellor, wherein it was directed, that all 
general inquisitions concerning felonies and trespasses in every part of the kingdom 
should cease, so long as the people remained peaceable, and particularly that the 
people in the duchy of Lancaster, who had been impeded in their business, and 
reduced to great poverty, by the inquisitions made in the duchy, should no longer be 
burdened in this way. The duke was therefore ordered to supersede all such pro- 
ceedings within liis duchy, and to achninister the law in the same manner as in 
other parts of the kingdom. 

Tlie same year the king addi-essed a proclamation to all admirals, their lieutenants Further 
and sheriffs, appointing Roger del Wych, John Syword, John Cruys, and William Te^nTof 
son of Adam de Lyverpol, to ai-rest as many ships in Liverpool and Chester, and" the'ports 
other ports, as were necessary to convey Thomas de Roclieby, the king's justiciary shi^^e*""^^ 
of Ireland, into that country. ","'' •^''«'- 

' •' shire. 

Tlie difficulty of procuring labourers in husbandry after the country had been iMaxim,,,,, 
so much thinned of its population by the plague, disinclined the working classes 
to take the usual rate of wages for then* labour, and an act was in consequence 
passed " to restrain the malice of servants," who insisted upon extravagant wages, 

• Seec. iv. p. 138. 



of af;ricul- 

tural 

labour. 



334 Cfte S)i^tor|) of ti)t 

CHAP, (outrageouses loivers.) The standard of wages, fixed by this act, was that which had 
'^' prevailed vokmtaiily before the plague broke out, when com was tenpence a bushel, 
and wages fifteen pence a week. This law being in opposition to the general principle 
of trade, which causes the supply and the demand to regulate the price, failed iu its 
object, and the labourers left then- usual places of abode, to seek more profitable 
emplojTnent, wliich they easily found from home. The strong arm of the law was 
ao-ain called in, and it was enacted, that no servant should in summer go out of the 
tOAvn or parish where lie usually dwelt in winter, if he could obtain employment 
there, with an exception in favour of the labourers in the counties of Lancaster, 
Staflbrd, and Derby, and in the districts of Craven and the marches of Wales, who 
were allowed to go in the month of August, the season of harvest, to work in 
other counties; and persons refusing to obey this proclamation were to be put in the 
stocks, by the lords and stewai'ds, or, if that discipline did not prove sufiicient, they 
were to be sent to the next prison, and there confined for three days.* 

During the king's absence in France, Hemy, duke of Lancaster, was summoned 

to attend the council, which duty he performed with liis usual fidelity. This was 

Death of amongst the last public acts of tliat venerable peer; for in tlie mouth of March, in the 

o/La'n-*^ following year, 1361, he expired, without male heir, on wliicli liis honours and his 



caster. 



sessions. 



princely possessions descended to his two daughters, Maud and Blanch, whose names, 
however, are not even mentioned in his ^^"ill. 

Will of Henry, Duke of Laixcaster. 

His will. " En le nom del Piere, del Fitz, et del Seint Espirit. Nous Hemy, Due de 

Hispos- Lancastre, Comte de Derby, de Nichol, et de Leicestr', Seneschal d'Engletere, 
Seigneur de Bruggerak, et de Beufort, le xv jour del mois de Mai-z I'an de gi-ace 
mill ccc. et Ix a n're chastel de Leic' devisons et fesons n're testament en manere qe 
s' ensuit. Enprimes nous recommaundons et devisons n're alme a Dieu, et devisons 
n're corps a estre ensevellitz en I'eglise coUegiale del annimciation n're Dame de 
Leicestr' dautrepart le antiere on le coi-ps n're seign'r et piere qe cUeu assoile est 
enten-ez. Et voloms q' n're corps ne demeorge desenterrez outre troies symaynes 
apres le departu- del alme. Et volons q' si nous devious a Leic' que n're corps soit 
porte a I'eglise parocliiele le tiers jour de-\ant I'euterrement, et q' illeoq's soiont faites 
les divines services, tiels come appartieut, ove xxiii torches, et qe les douze torches 
demoergent a I'eglise et deux draps d'or ; les cureez de la dite eglise aient n're 
melior chivall ou les pris en noun de principal, et q' n're cori)s soit porteez d'Hleoqes 
tanqe a I'eglise collegial de n're Dame avant dite, et Uloqes enterrez come desus est 

* Claus. 33 Edw. III. m. .5 d. Tuir. Lond. 



Coimtj) ^Jalatmc of iLanfastrr, 335 

dit; issint q'il ny ait chose voine ne de bobaunce, come des homes armeez, ne des chap. 



chivals couvertz, ny autres choses veines, nes une berce ove cyiik cierges, chescuue 
cierge de ceutz lb, et liii graimtz mortiers, et c torches entoiir les corps. Et qe 
cynqainte poures soient vestus, rait et cynk de blauk et xxv de blew, portaiit les 
ditz torches. Et voloiis q' n're Seigii'r le Roy et ma Dame le Reyne soient garniz 
de n're ent' rement, et Monsr' le Prince, et mes seigu'rs ses fi-eres, et madame Dame 
Isabell, et nos seors et nos freres lo'r seigneurs, et les auti'es grauntes de n're saunk. 
Et devisons cynqaunt linges por departu- es poures bosoignouses en temps environ 
n're enterement en manere come nous avous charge de bouche les uuz de nos 
executors, si tauntz des poures y soeint. Et ne volons una q' uulles costages soeint 
faitz le jour de n're enteiTement pour pestre les gentz del pais nes les coes de la 
viUe, et volons q' religionses soient bien regardez. Et volons q' si nous devious 
aillors qu'a Leic' q'n're corps soit menez al eglise de n're dame collegial avauntdite 
et illeoqes ensteiTez en manere come desus est dit. Et volons et devisons q' toute 
la cire et touz les di-apes d'or demoergent a la dite eglise collegial, et devisons a la 
chte eglise entierement n're chapele ove touz les aouruementz et touz nos reliqes. 
Et devisons touz nos biens, vessell d'argent, et touz lez autres moebles a aquiter noz 
dettes et guer doner noz poures servauutz, qe ne sount mie ungore guerdone, 
chescun solom lour dessert, et solom lour estat, a la disposicion de nos executors, et 
a perfaii-e la dite eglise collegial et touz les autres maisons devisez et ordeignez 
entom- la dite eglise. Et volons qe si nos executours puissent estre enfourmes en 
verite qe nous tenoins terre qe fuist d'autruy, et qe nous ne avoms tiel estat qe uos 
heires puissent de bone foi le tenir, q'il persueut a nos heires de rendre les ten-es a 
ceux ou a cely a queux ou a qy eles devient ou doit estre de droit. Et auxint qe si 
nos executours puissent estre enforme qe nous eions euz d'autri a tort, q'ils facent 
gTee en descharge de n're alme. E a toutes cestes choses pleniement perfaire et 
acumplir solom n're volunte et devys suschtz, nous ordeignouus et fesons nos 
executors le rev'rent piere en Dieu John evesq' de Nichol, le honorable home de 
seinte religion, AVilliam abbe de Leic', n're ti-eschiere soer la Dame Wak, n're 
tres chiere cosyne de WalkjTiton, Monsieui- Rob't la Mare, Mens' John de Boke- 
londe, Su-e John de Charnele, Sire Want' Power, Sinkyn Simeon, et John de 
Neumarche; douaunt pleine poeraeux et a chescun de eux toutes les choses suschtes 
pleinement perfaii-e et accomplir en la manere suscHte. Et en cas qe nuUe chose 
soit endoubte et nemye desclare en le dit testament, eient nos ditz executors pleine 
poer totes choses en mesme le testament desclai-er solom ceo q'ils senterent qesoit 
plus a pleisance de Dieu, al profit de n're alme, accordaunt a n're volunte et a 
resoun. Item nous devisons touz noz biens qe remenent outre noz dettes et outre 
ceo qe seiTa donez pur reward a noz servauntz, et a perfaiie n're dite eglise 



IX. 



336 ClK l^lStJJll) Of ti)t 

CHAP, colleo-ial de Leic' et en eide de performii- et accomplii- les maisous qe uous avoius 



IX. 



ordeioTiez illoeqes, d'estre inys al profit de n're aliue par ^a^^s et assent de uoz ditz 
executors. En tesmoigne de queles choses nous avions a cest n're testament mys 
n're seal ensemblement ove n're signet ; escript le jour, lu, et an susditz. 

" Probatio dicti Testament!, 3 Kal. April, A.D. 1361, in castro Leycestr' 

coram Jolianne Liucoln Ep'o. 
" Alia probatio diet' Testament! coram D'n'm Will' mum de Witleseye, 

Official' Cm-' Cant'. Dat' London, 7 Idus Mali, A.D. 1361. 
" Regist' Islip. fol. 172. a. b. in the Arcliiepiscopal Registry at 
Lambeth." 

The extent and magnitude of the possessions of the fii'st duke of Lancaster, 
forming as they do the principal part of the duchy, may be in some degi-ee estimated 
from the following enumeration exhibited in the Inquisition Post Mortem in the 
records of the Tower of London, taken in 36 Edw. III. 

INQUISITION POST MORTEM 

OF THE POSSESSIONS OF THE FIRST DUKE OF LANCASTER. 

" In the County of Lancaster. — Lancastr' castrum & honor — Placita comitatus 
Lancastr' — Westderbysliire ballia — Lonesdale wapeutac' — Lancastr' atH' — Lone 
aqua piscar' juxta Prestwait — Overton maner' — Slyne villa — Skerton terr', &c. — 
Quernemore pai-cus — Wiresdale vaccar' — Blesdale vaccar' — Cakb-e vaccar' — Gris- 
dale vaxjcar' — ^Amimderness wapeutac' — Preston — Siugleton — Riggeby villa cum le 
Wray — Hydilparke — CacHlegh — Fulwode bosc' — Kylaneshalghe — Broughton — 
Mii-estagh parens — Wiggehalgh — Baggerburgh — Clyderhoo ca-str' — Blakebornsliire 
wapentac' — Ighterhall maner' — Colne maner' cum membris — Woxtou — Penhalton 
vill' — Chatebume vill' — Acrinton vill' — Huncotes — Haselingden vill' — PenhuU 
chacea— Trogden chacea — Rossendale chacea — Totinton maner' & chacea — Hod- 
desden bosc' — Rachedale maner' — Penwortham maner' — Widnes maner' — Ulles- 
Walton maner' — Eccleston y\\Y — Leylond vill'— LyverpoU castr' — Westderby 
maner' & Salford maner' (ut de honore de Tuttebury)- Horneby castr' & maner' — 
Werington maner' — Laton maner'. 

" In the Count 1/ of Leicester. — Leycestr' castr' & honor extent' — Frithe bosc' — 
Hynkeley maner' extent'— Schelton maner' extent' — Derford maner' extent' — 
Selby quinque visus franc' pleg' Carleton quatuor \isus franc' pleg' — Schulton 
duo visus franc' pleg' — Derford duo ^^sus franc' pleg' — Hynkeley duo -visus franc' 
pleg'. 



Coiintj) ^3alatiiie of tanrastfr. 337 

" In the County of Dorset— Kyngeston Lacy maner'— Winteiboru Minster— cfiAi'. 
AVimbourne Holt cliacea— Bradbury huiidrecr — Shapwj^k mauer' — Maiden Neuton ^^' 
hundred'. 

" In the Counft/ of Southampton. — Kyngesomborne maner' — Pernholt bosc' & 
cliacea — La Lond bosc' — Staunden — Earle — EUeden — Huld — Pernholt — Tymbre- 
bury — Conipton Houghton — Siunborne Parva — Upsomborne (ter, &c.) — Stockbrigo- 
^•il^ — Laugestoke maner' — Weston maner' juxta' Odiam — Herteley maner', 

" In the County of Wanvic." — Keiiehvorth castr' and maner' extent' — AsthuU 
maner' — Wotton reddit' — Waddesley, Lapwortli reddit' — Mershton Boteler — 
Brinkelowe (terr' & ten') — Ilmedon visus franc' pleg'. 

"In the County of Wiltes. — Colingborne maner' extent' — Everlee maner' 
extent' — ^Lavyngton maner' extent'. 

" In the County of i?e/7is'.— Esgarston maner' extent' — Poghele — Hungerford 
— Sandon — & Kentebury (terr. &c.) 

" In the County of DerV . — Melborne castr' & maner'. 

" In the County of York. — Pontefract castr' & honor cum membris viz' — 
Slaikeborne maner' — Bowland maner' cum foresta — Snaith villa cum soca — Pvker- 
ing castr' vill' & honor — Scalby maner' — Hoby maner' — Esingwald maner' — Brade- 
ford maner' — ^Almanby maner' — Ledes maner' — Berewyke maner' — Roundhaye 
maner' — Scoles maner' — Hjqjax maner' — Allerton maner' — Rothewell maner' — 
Altoftes maner' — Warnefield mauer' — Ackworth maner' — Elmesdale maner' — 
Camesale maner' — Custou' — Tanshelfe maner' — Knottingleye maner'^Boghall 
maner' — cum libera curia de Pontefracto — Divers terr' et ten' &c. in Maningham 
Barnboghe — Woodhouse — Potterton — Hillum — Saxton — Roundhay — Secroft — 
Tliornore — Scole — Muston — Kypax maner' — Ledeston — Allerton. — ^Ayer pisca- 
ria — Rothewell — Flete molend' — Wridelesford — Kildre piscaria. Divers' terr & 
ten, &c. Warnefeld — Crofton — Akeworth — Elmcsle — Kerkeby Mensthrop — 
Suthelmsale — Coteyerd — Ellerker — Camesale— Balnehoke — Hargincrofte Bernes- 
dale — Custon — Holnhirst — Carleton Castelford molend' — Hardewike — Knoting- 
ley — Beghale — Beglielker — Beghallund. 

^ " Omnia jyredicta pertinent honori de Pontefriet.' 
" Slaykeborne in Boiiland cum forest' — Bremund pastur' — Roudon — Up Ald- 
ington — Maukholes — Crombewell — Holme — Baxsterhay — Browesholme — Berk- 
holme — Eghes — Latheringi-ime Bernardseless — Nicolshey — Wardeslegh — Hoge- 
king — Heigh e — Crepiugwarde — Benteley Close — Graistanley — Lekherst — Pein- 
leghes — Coswayne — Chipping Crosdale — Neuton — Hamerton Witton — Grimling- 
ton — Salley molend' — Bradeford in Bouland — Blakshelfe in Mitton — Witliikill — 
Smitliecrofte — Cowyke \alla pertin' soce de Snaythe — Roucliffe mora — Acre aqua 
VOL. I. 2 X 



338 CIjc Sji6tor|) of ti)t 

CHAP, piscai- Pikering castr' forest' &c. cum feodis pertin' viz' — Middleton — Leves- 

^^' ijaiu Finhilwode — Gotherland — Aleiutoftes — Thwaite— Lingtliwaite — Rumbald — 
Haretoft — Folketon maiisc' — Ednesmershe — Brumpton — Scalby — Hobye — Esing- 
wolde — Credeling manei'.' Divers reddit ^- repris exeunt de maner j)redict\ 

" In the County of Northumberland. — Duiistauburgh castr' — Staunford baronia 
cum membris suis vidlt, Emeldon — Dunstau — Buiton — Wanadam — Sliipplay — 
Crauncesti-e — Fenton — Newton super Moram & Cartington. 

" In the County of Huntingdon. — Huntingdon reddit' — Gomecestre reddit'. 

" In the County of Rutland". — Tye due lete — Casterton Magna due lete. 

" In the County of Northampton. — Higham Fen-ers — Raimdes vill' — Russhe- 
den \air — Irchestre vill' — Hegliam hundr' ut de honor e de Tuttebury — Davintre 
maner' — Esthaddon due lete — Helmingden — Lylleborne — Dodeford due lete — 
Wedonbeck ut de honore de Leycestr'. 

" In the County of Surrey. — Erwell ten' vocat' Hertegrave. 

" In the County of Middlesex. — London' mess' vocat' — Savoye cum shop' & 
reddit peitin'. 

" In the County of Lincoln. — Lincoln' comitat 14 feed' in eodem pertin' castro 
de Lancastr' — Retrecombe curia. 

" In the County of Stafford. — Novum Castrum subtus Lynam maner' castr' & 
burgus cum membris vidlt, Clayton vill' — Wolstanton — Sbelton vill' — mere pas- 
sas' — Stoke advoc' ecclie — Cliff bosc' — Bradenef terr' & ten'. 

" In the County of Hereford' &^ Marches of Wales. — Monemouthe castr' \ill' & 
domin' — Grossemont castr' — Skenfrithe terr' &c. — Album Castriun & domin' — 
Karakenmyn castr' — Oggemore castr' — Ebbothe maner' — Iskennin comot' — Ked- 
wellye dominium — Carnwathlon dominium. 

" In the County of Glouc ^ Marches of Wales. — Roddell maner' — Eccelowe — 
Minsterworthe maner' — Monemuthe castr' — Bertonterr' &c. — Blakmorles pastur' — 
Kedwelly castr' vill & domiuimu. 

" In the Counties of Gloucester, Hereford, ^ Marches of Wales. — Cai-newath- 
lan dominium — Lananthu- ^dll' — Kaerkennyn castr' — Iskennyn comet' — Ogemore 
castr' & dominium — Ebbothe maner' — Shen castr' cum Barton — Albiun castr' cum 
Barton — Tyburton maner' — Minsti'eworth maner' — Rodleye maner' — Monemouthe 
castr' & domin' — Grosmonde castr' <Sc domin' — WliitcasteU castr' & domin' — 
Kedwelly domin' — Carnwathlan domin' — Ogemore castr' — Ebbothe maner'. 

Feoda. 

" In the County of Bucks'. — Tappelowe — Chalflmnt Sancti Petri — Saundes- 
dron — Weston Tui-^Ue — Broughton Parva — Penua. 



Counti) ^aalatme of Xanrasitn-. 339 

" In the County of BcdforcV . — SiUlinmlne — Middeltou Erueys. chap 

" In the County of Cambriilye. — Giauucete. ' 

" In the County of Worcester. — Biuites Morton. 

" In the County of Lincoln. — Duodecim feoda railitiim quorum quodlibet reddit' 
p aim' 10' ad wai-dam castri de Lancastr'. 

" In the County of Somerset'. — Redene — North Overe. 

" In the County of Dorset'. — Shape^vilie — Smuetolre — Maydeu N)'T\'etou — 
Upsydeliuge. 

" In the County of Kent. — Strode — Godwineston — Clyve Hastinglegli — Bra- 
borue — Chelefeld mauer' — Horton — Caulstoke Hasslie. 

" In the County of Sussex. — Sclieffeld Parva — Kirstede — Kiudale — Charlax- 
lou — Flecchiug — Chiffeld — Hotliore — Est Griiistede^ — Hertefelde -Claverham — 
Erlington — Raketou — Torrenge — Westdeue — Megliam — Bethington — Telton — 
Cheleworth — Chiffield mauer' in Fleccliing — Folyiigton — Wemioke — Excete — 
Rattoii. 

" In the County of O.roH.— CliurcliuU— Clapwell— Dene— Chalkeford— Fyflf- 
hyde — Cliadlyngton — Brougbton — Ny wenton — Lylliugeston — Bagerugg — Pyiitou 
— Hasele — Tbomele — Brigbtwell — Slniptou super Chai-ewell — Blecbdon — Wight- 
hull — Lyuliam — Cbildeston & Sewell juxta Goldnorton. 

" In the County of Berks. — FyiTeliide — Kiugeston — Southdeucbesworth — 
Lokiiig — Cherleton juxta Wantynge — Stauuden — Hanrethe — Staunford — Westliil- 
desle — Wolbampton — ^Northstanden capella — Hungerford capella Sancti Johis. 

" In the County of Wiltes\ — Choldringtou dimid' feed' — Chitterue dimid' feod' 
— Elcomb dimid' feod' — Merevedene mi' feod — Wrichford dimid' feod' — Hordene- 
buuislie un' feod' — Cbeckelowe uu' feod — Berewike maner' uu feod'. 

" In the County of Southampton. — Clialghton — Katerington — Erleston — Som- 
borne — Fyffliide juxta Audover — Scbalden — Bellum Avenetum — Hertele — Lau- 
gestoke — Weston — Estden — Semborne. 

" In the County of Devon. — Hemly — Portheleg — Sliillingford — Ferdon — Ker- 
dogis — Ivelegb — Cliilton — Coleton Ralegh — Fursan — Whitbem — Wliiston — Hod- 
desworth — Maneton — Prank arswike — South wyk — Spray ton — Woreslegh — Whit- 
neslegh — Wollegh — Wrixston — Godelee — Kippingiscote — Uppecote — Witherige — 
Hole Meleford — Clompton — Clift Sancti Laurencij — Hordeliswortli — Milleford — 
Deandou — Bourdoulistou — Yowe — Hogeland & Heanis. 

" In the Counties of Gloucester, Hereford', Sf Marches of Wales. — Landingate 
— Longehope — Dounameney — Huntelege — Wisham — Walbykney — Parthir — Dile 
— Cunstoue — Dixton — Novum CastiHim — Cotliitliam — Monimoutlie — Garthe — 
Rakeuill — Holywell Grosemound — Chesterton — Asperton — Maynestou — Lanwar- 

2x2 



CHAP. 
IX. 



340 €ln M^tOY^ Of tfte 

tliiu Laiikuetliin iu domiuio de Kedwelly — Penbray — Witewike — Hope Maloisell, 

Llaaeltliye ecclia, Saiicti Ismaelis ecclia, Laucouar ecclia — In domiuio de Og- 
more feoda subsciipta vidlt — Doureiien — Deyiiell — Pyncote — Lauforte — Colemu- 
gtone — Frogg Castell — E^yerdon — Puttes — Lc Wilje — Soutlidoiie & Saiicta 
Brigitta. 

" In the County of Lancastr . — Walton in Blakebornshii-e — Crouiton — Apulton 
— Sutton — Eccleston — Rainbull — Knowselegh — Torbok — Hyton — Maghull — 
Crosseby Pai'va — Kirkeby e — Kirkedale — Noithmeles — Argameles — Ulues waklen 
— Bretberton — Hogbton — Ckaitou — Wlielton cum Heparge — Wytherbull cum 
Botbelesworthe — Hoton — Longeton — LeiJond — Enkeston — Cbenington — Cber- 
uoke — Walsbewbitbull — Wailon iu Amouuderuesse — Prees — Neuton — Frekelton — 
Witiuo-liam — ^Etheleswike — Bura iu Salfordshire — Middleton cum membris — Clia- 
tberton — Totinton — Milton Parva — ^Wiswall — Hapton — Townlay Coldecotes — 
Suoddewortbe — Twiseltou — Extwisell — Agbton — Merlaye — Lyvesay — Douuom 
Fobiio-o-e — Merlave Parva — Rossbeton — Billingtou — Aluetbau — Clayton — Hare- 
^yode — Crofton Horneby — Ulideston — Wartou in Louesdale — Gairstang cum 
membris — Tbiselton — Prees — Kelgrimesargbe — Briniuge — Merton Magna — Mid- 
delton iu Louesdale — Neuton — Makerfeld — Lauton — Keinan — Erbury — Golde- 
burne — Sefton — Tborneton — Kerdon — Halglitou — Burgli — Lee — Fisbwicke — Dal- 
ton in Furness — Stayuiuge — Midliope — Cberuoke. 

" Feoda suhscrlpta tenentur de konore de Tuttebunj. — Hagb Parva — Bolton — ■ 
Brigbtmet — Compton — Burgbtou — Cbilderwell — Barton in Salfordsliire — Aspbull 
— Broklioles— Dalton— Perbald— Witbington— Lostok— Romwortbe — Pilldnton— 
Wortliington — Hoton subtus Herewicbe — Tildeslegb — Sultliitbe — RLxton — Asteley 
Atberton — Sonky — Penkythe — Ives— Blundell— Barton — Halsale— Wiudebulle — 
Lydegate — Egergartbe — Lancastr' priorat' advoc' — Saucti Micbis super Wire 
ecclia — Preston ecclia — Marie Magdalene capella— Cbypin ecclia — Ribcaster ecclia 
— Wballey abbia de. 

" Pro Decano et capitulo Ecclie Marie de Leicestr'. Preston 
advoc' ecclie. 

" Pro Abbt'e & conventu de Whalley. Romesgi-ene in cliacea de Bou- 
land juxta Blakebone terr' & ten'— PenbuUon terr' & ten'— Cliderbow ten' vocat' 
Standen— Hulcrofte & Grenelacbe— Standen laltag' terr' &c.— Cliderboo maner' 
ten-' &c. ut de castro de Lancastr'." 

Adminis- ^Yq ^jj-g inquisition, we are enabled to add a condensed transcription, from tbe 

tration of i ' ill 

the duke Rolls of tlic Ducliv of Lancaster, (not before published,) extending through tlie 

from the *' ^ '■ ' ITl* 

rolls of the ^vbole ucriod of the first ducal administration, and which, while it slieds much lignt 

duchy. -^ 



IX. 



Counti) ^Jalntiitf of aancastrr, 341 

upon the early liistorv, as well as upou the landed possessions in the county, serves chap. 
to illustrate the nature of the jura regalia exercised hy the dukes of Lancaster in 
this " kingdom within a kingdom :" — 

Anno 1 Ducatus, 26 Edward III. 

{Office Reference AI.) 

" Plita apud Preston de tribus sessiouib3 Justic dni 
" Ducis Lane anno Ducat ejusd dni Ducis nunc p)mo. 
" Berewyk." 



Intituled, 



This roll contains the essoigns taken at Preston, before Hugh de Berewyk, and a.d.i35-.' 
his associates, justices of our lord the duke of Lancaster, Wednesday next before 
the feast of St. Margaret the Virgin, in the year of his duchy the 1st. 

It contains pleatlings of lands between pai'ties, plaintiffs and defendants, plead- 
ings of assize mortis ante cessoris, novel disseisin, pleas of debt, account, and 
trespass, and other claims to liberties, rights, &c., all as arising in the county pala- 
tine of Lancaster, with the judgnnents thereof given {int. alia as follows) : — 

" Jolies de Wjii^vyk psona ecclie de Wygan et Dns Burgi de Wygan po. 
" so. lo. suo Rohm de Prestecote vel Johem de Lanfeld ad petand calumpni et "Lauc." 
" psequend ofnes libtates suas ville et Burgi de Wygan sedm forma carte dni 
" Regis sibi inde confecti." 
On the second portion of the roll, and on the first skin of such roll, after reciting 
the grant by king Edward III., in the 25th year of his reign, to Henry, duke of 
Lancaster, earl of Derby, Lincoln, and Leicester, and steward of England of his 
dukedom of Lancaster, as therein set forth ai'e recorded, the letters patent to Hugh 
de Berewyk, and others, by the said Henry, appointing them justices of assize for 
his said duchy, and of pleas as well of the crown, as others within the said duchy, 
to hold, hear, and determine, according to the law and custom of the kingdom of 
England, saving to him amercements, &c. Tested at the Savoy, 7th March, in the 
first year of his said duchy. 

In contmuatiou of the roll aa-e recorded a multiplicity of pleadings between vari- 
ous parties, to the following effect : — 
Anglicized from the roll. 

" John Molyneux ags'. John Blundell, of Crosseby, touching the lands upon 
marriage. 

" John Knody, of Cliderow, ags'. William de Horneby, parson of the church 
of Ribchester, touching lands in Cliderowe. 



342 



€i)t %}i&tOV^ Of tf)t 



CHAP. 
IX. 



A. l.a. 
36 Ed. 3d, 



A. 2. 



A. 2. a. 



A. 2. b. 



" John Blounte of Hazlewood, Robert Legh, and Thos. Strangewayes, came 

on tlieir recognizance, at the suit of Jolm Radclif, touching a tenement and 

lands in Salford. John Blounte answeiing that the premises were of the 

manor of Ordesale, and that Hemy, late earl of Lancaster, father of Henry 

the duke, was seized of the lands, and gi-anted the same by charter to the 

said John Blounte, as of the manor of Ordesale." 

And thus the pleadings are continued tlu'oughout the entire roll; and as 

evidences of that early period ai-e applicable to the most considerable part of the 

places and manors in the county palatine of Lancaster, and the early possessors' 

riglits and premises there. 

There is a second roll distinguished A. 1. a. and contauiing the essoigns, taken 
at Preston before William de Fynche, or Fjnichedeu, and Ids associates, justices of 
the said duke de Banco, in the 10th year of liis dukedom, and in its nature similar to 
the preceding roll. 

Anno 2 and 3 Ducatus, 

Contains pleadings and essoigns, taken at Preston before Hugh de Berewyk and 

others, in the 2d year of the said duke, and of the same nature and effect as those of the 

preceding rolls, and is A'ery copious, the proceedings in many cases being fully set out. 

Contains pleadings and essoigns of the like nature, as taken both at Lancaster 

and Preston, in the 4th year of the same duke. 

Is properly considered as a roll of fines, letters, close and patent, and as con- 
taining charters of the 4th year of Henry, duke of Lancaster, being the 29th year of 
the reign of king Edward HI. And, the follo\^•ing outline comjjrises the general 
matters, or subjects, with several of the names of persons and places applicable 
thereto: — 



Numbered 
on the Roll. 



Principal Matters. 



Proceedings before the 
Justices at Preston, as 
to Right of Fisliing. 



Persons. 



Richard Aghton ag" Ro- 
ger Boudesson and 
John Stelle, the De- 
fendants justifying in 
right of William de 
Heskayth, Tliomas de 
Litherland, the Prior of 
Burscogh, the Abbot 
of Cockersand, and 
Richai'd de Aghton. 



Places. 



Merton Meer, Le 
Wyck, Nortluneles. 



Numbered 
on the Roll. 



Countj) |3alatinf of ILanrastfr. 

Principal Matters. 



343 



Account of Fines paid to 
the Duke as Lord, for 
Writs of Assize. 

William Jerard and Wife. 



Peter Jerard and Wife. 



William Careles. 



William Lawrence. 



Persons. 



John de Hatonshou. 
Richard Bradshagh. 



Henry de Ditton. 
William de Excestre,^ 
Parson of Crofton > 
Church. ) 

John Culpeper. 
Grants hy 

The Duke to William de Heglifield, in pei-petuity, 
28 Acres of Land, at 14s. Rent, and Tenants 
to do suit at the Lord's Mill. 



Places. 



CHAP. 
IX. 



Hamelton. 
Perhald. 

Asheton in Maker- 
field. 
^Vyndhull Manor. 
i.Raynhull Manor. 

'Torhok Manor. 

WalshwittellManor. 
i Dalton Manor. 

Wright}iiton, 

Cophull. 
''Thonieton. 

Laton Magna. 

Laton Parva. 

Ribleton Manor. 

Asheton, near Pres- 
ton Manor. 
^Ditton, 

North Meyles. 

Maincestre. 



Salford Waste. 



Several other grants were made to persons specified, but cancelled, as the 
premises became leased by the duke's charter to John de Radeclif. 

4. A fine of 3s. 4d. to the duke as lord for a Writ of Pone, concerning an 

agreement — Cicilia Orulshagh and Hugh de lues. 

5. Tlie duke to Richard de Walton, the duke's approver in the parts of 

Blackburnshire. 



344 Cfte ?I^i£itoii) Of t!)e 

c}jxv. " Grant of a messuage and lands in Colne and Merclesden, held by tlie 

;_■ custom of the manor and castle of Clithero, and other premises in 

Trowden Mithum and Trowdeu Chace. 
Fines to the Lord for Writs. 

6. " John de Radeclif, parson of the cliurch of Bury, to the duke— Half a mark 
for lands in Asheton-under-Lime. 
" Robert de Legh and Matilda his wife to the Duke — 13s. 4d. for the moiety 

of the manor of Flixton. 
" Clarissa de Bolton to the Duke — Half a mark for tenements in Newton in 

Makerfield and Walton in the Dale. 
" Robert de Legh and Matilda his wife to the Duke — 13s. 4d. for the manor 
of Ordeshale." 
This course is pursued through tliiileen other instances of fines of the like nature, 
paid by various persons in different places in the county palatine. 

De Anno 4'° Ducatus (in dorso.) 
Recognizances of Debts. 

Otho de Halsale and John de Radeclif 

Richard de Rixton John de Asheton ""•' "" 100 marks. 

John, son of Adam Su- Adam de Hoghton, 

de Claxton Knt. 1 7 marks. 

Otho de Halsale The Duke 100 marks. 

Grants, &c. 

The Duke to Geoffry de Langholt and Robert de Gikellswyk, of Tadecastre, 
for the Abbot and Convent of Sallay. • 

Licence to Alien in Mortmain Lands, in Bradeford in Bouland, held in 
socage by fealty and ser\dce, and as by inqmsition taken by the Duke's 
command. 
The Duke to Adam de Hoghton. 

Acquittance of serraig on juries, &c. 
^Tlie Duke to John de Haverington of Farleton. 

Lease of the Manor of Horneby and its demesnes, the Castle Deer and 
Chace of Rebrundale, (Advowsons, &c. excepted.) 
The Duke to Matthew de Southeworth. 

Pardon of a Debt owing to the Duke's Father, Henry, Earl of Lancaster. 
The Duke to John de Dyneley and Heirs. 

Grant of Dunham Manor by Homage and Fealty, and £12, 6s. 7d. per 
Ann. with 2s. for the Ward of Lancaster Castle. 

The above are all tested at Preston. 



Coimti.) ^Jalntme of Eanrnsftn-* 345 

The Duke to the King. chap. 



Precept to John Cokayn and others to levy in the Dnchy the remainder of 
Aid, granted hy Parliament to King Edward III. to Knight, his chlest 
sou, according to the King's Mandate, and also a Mandate of the Sheriff 
of Lancaster to assist therein. 
As tested at Lancaster. 
William do Stoldegh and Avisia de Bretargh. 
lurolment of a Deed of the Manor of Hyton. 
Tested at Preston. 
Pleadings at Lancaster of a similar nature to A. 2. 



IX. 



o 



No. 2. 



Other Grants, from the Ath to the Wth Henry, Duke of Lancaster, comprising 
29th Edward III. 1356, and 36th Edward III. 1363. 

The Duke to William de Heghfeld and liis Heirs. 

Grant of 23 Acres of Waste in Salford, at a Rent of IP C"" reserved, As con- 
tained m 

and remainder to Thomas Strangwas. the close 

° Roll. 

Tested by Henry de Walton, Archdeacon of Richmond, Lieutenant a. 3 a. 
of the Duchy of Lancaster. 
The Duke to Richard de Dynesargh, of Liverpool, and his Heirs. 

Grant of a Messuage and Appurtenances in Castle Street, Liverpool, which 
formerly belonged to Benedict le Stedemen, late Constable of Liverpool Castle, 
at 4' Rent p ann., and by Services, as the other Tenants of that Town did for 
theii" Messuages. 
The Duke to Henry le Norreys. 

Grant of Free Warren in Speek. 
The Duke to John del Monkes. 

Grant of the Wardship and Lands of Henry de Croft. 
Divers Fines to the Lord for Writs of Assize. 

For Lands and Tenements in Hopton, Tildesley, Ditton near Torhok, and 
in Chorlegh. 
The Duke to John de Perhurn. 

Letters of Protection while abroad with the Duke in the King's Service, 

and similar Letters of Protection to various other Persons. 

Among numerous other entries on the Roll ai-e various instriunents by licence, 

wai-rant, writ, gi-ant, or appointment, ^ddzt: For holding pleas and complaints; for 

keeping the statute of weights and measures; the statutes of seiTauts, ailificers, &c., 

VOL. I. 2 Y 



346 ' €i)t |?i£itxirj) of tfje 

CHAP, aud the record of various fines for ^\Tits of assize, &c., and therein the Writ de 

L_ Conspiratioue. 

A Writ, diem clausit extremum, ,of the Lands of John de Rigmayden, in the 
Duchy of Lancaster. 

An ExempHfication of the Proceedings hetween Thomas de Ahnay, of the High 
Peake, and Thurstau de Holand, of Salfordshire, returned in the Duke's Chancery, 
concerning the Manor of Denton under Downeshagh. 

A Mandate to John Haverington and others, to equip tlie Men at Arms in the 
Duchy, with 300 Archers and others, to be dispatched to Newcastle-upon-TjTie, to 
march with the King against the Scotch. 

Another Mandate on behalf of the King, as to the Alienations and Possessions of 
Lancaster Priory, taken with other Alien Priories, by reason of the War Avith 
France. 

Appointments to the Office of Escheator, inquiries of the conduct of Bailiffs of 
the Wapentakes, appointment of Justices to hear and determine Trespasses within 
the Duchy, and Mandates to the Sheriff to assist in all such Premises. 
A Lease of the Herbage of Musbury Park . 

Grant of the Hospital of St. Leonard's at Lancaster, to be annexed to the Priory 
of Seton, if the Burgesses of Lancaster consented. 
The Appointments of Keeperships of Forests. 
Pardon of a Suit by the Duke for an Assault committed. 

Grant and Confirmation of the Advowson of Wygan Church, and Letters of 
Protection to various Persons, while staying with the Duke in the King's Service in 
the Parts of Brittany. 

Anno T Ducatus. 
Divers Fines for Writs of Assize of Lands and Tenements in Longtre, Hepay, 
and Dokesbury, Great Penhulton, Great Merley, Bury, Middleton, and Penhulton, 
in Salfordslme. 

Grant of Land and Turbary in Salford, and divers Fines for Premises in West- 
legh, Flixton, Whitton, Weryugton, Sonckey, Penlieth, Burtonwood and Laton, 
Great Merton, Bispham, Pynington, Bold, Lydiat, Thorneton near Sefton, Cul- 
cheth, TUdesley, Glasebi'ook, Bedeford, Halsale, WyndhuU, lues near Crosby, and 
Ines Blundell, including the Writs Post Dissesin forma Donationes, Dedimus Potes- 
tatem, and the Writ de Ingi'essu. 

A Mandate by the Duke for the King, to William de Horneby and Richard de 
Townley, to collect and levy the lOths and ISths A\ithin the Ducliy of Lancaster. 

A Pardon by the Duke of the Suit of Peace against Hugh le Machon, of 
Abingham, indicted for Housebreaking at Chorley. 



CmintL> IJalatinc of itanrasitfi-* 347 

Anno 8° Ducatus. 

The Duke's Mandate to Justices assigned to try certain Malefactors, ag" 
whom the Parson of the Churcli of Wygan, and the Lord of the Town, had com- 
plained regarding- the hindi'ance of liis Bailiffs in the pcrfomiance of their Duties, 
and liis INIandate to the Sheriff of the Duchy to assist therein. 

Divers Fines for Writs de Conventione, &c. concerning Lands in Culcheth, 
Maucesti'e Manor, and the Advowsons of the Churches of Mancestre and Assheton ; 
Lands in Chippyn, Eggeworth Manor ; Lands in Liverpool, Penhulton in Salford- 
shire, Culchitli and Hyndelegh Manors, Croxteth Park, Flixton Manor, Kenyan, 
and the Manor of Huyton. 

A Grant of the Herbage of the Foss of Lancaster Castle, and of the place called 
Bernyard in Lancaster. 

An Acquittance of serving the Office of Juror, Escheator, Coroner, or Bailiff. 

A Release of Rent for Lands held by John Baret in Derby, Liverpool, Everton, 
and elsewhere witliiu the Duchy. 

A Pardon by the Duke to John de Etlieleston, indicted for extorting money and 
other oflFences, and a Pardon to William del Twjs, of Transgressions. 

A Lease of the Fishery in the River Ribble at Penwortham, with the Meadows 
there. 

Tested by the Duke at Preston. 

Anno 9" Ducatus. 

Appointment of Justices in Eyi-e for Pleas of the Forests. 

Precepts to the Sheriff to make a Proclamation for holding Sessions at Preston, 
and to summon Persons to attend before the Justices there. 

Pardons for Trespasses of Vert and Venison in Duchy Forests, and other 
Trespasses. 

Grant of Free Warren in Halsal and Rynecres. 

Lease of the Herbage called Veden and Mufden. 

Grant of a Yearly Rent of 20' to William de Liverpool, out of the Manor of 
West Derby. 

Licence to take Gorse from Toxteth Park. 

Pardons for Trespasses in the Duchy Forests, and in Toxteth Park. 

Pai-don upon Indictment for Offences against the Statutes of Servants and 
Labourers, i 

Divers Fines upon Writs for Lands in various places. 

2 Y 2 



CHAP. 
IX. 



348 ClK i^isitJjrj) of ti)t 

CHAP. The Duke, iu behalf of Roger La Waire. Commissioners appointed to inquire 



IX. 



into the said Roger's Petition, shewing, that he held the Town of Mancestre as a 
Boro' and Market Town, and enjoyed certain Liberties there, and in the Manor 
and Hamlets, and that the Duke's Bailiffs had interfered to levy Amerciaments, &c. 

A Licence to Alien in Mortmain Lands in Lancaster. 

Grant of Lands in Salford to Thomas del Olers, and others. 

Grant of a Messuage in Preston escheated to Henry, earl of Lancaster, by 
Felony. 

A Mandate to the Escheator of the Duchy to interfere no further in a Chapel 
and Lands in Andreton, Avliich had been seized into the Duke's hands by the late 
Escheator, it being found by Inquisition, that the Church of Standish was endowed 
therewith. 

Anno 10™° Ducatus. 

The Duke to Adam de Skilpigcom. 

Licence to take with him a Body Guard within the Duchy of Lancaster, for the 
Defence and Protection of Ids Person. 

Pai'don to Agnes del Birches, for producing a forged Chai'ter before the 
Justices, in an Action concerning Tenements in Astelegh. 

Grant of Lands in Penhulton. 

Mandate to the Escheator of the Duchy for Livery of Seizin of Lands 
held by an Outlaw for Felony iu ChipjTi, the Duke haAing had liis Year, Day, 
and Waste. 

Mandate to Collect and Levy A^itlun the Duchy the 10th and 15th, granted by 
Parliament, to defray the Expences of War. 

Appointment of BaiHff of the Manor of Derby for Life, at two pence a day for 
his Wages. 

Appointment of Keeper of Toxteth Park for Life, mth tlie Grant of Skeryorde- 
rock ^itliin the Sea, to construct a Fishery there. 

Mandate to the Duchy Escheator to interfere no further as to Land iu Kirden, 
seized into the Duke's hands ujion Felony. 

Appointment of Keeper of Quernmore Park. 

Mandate to the Duchy Escheator to deliver Lands which had been seized into 
the Duke's hands upon the Mamage of one of the Duke's Maidens, a legal Divorce 
having subsequently taken place. 

A Pai-don upon Indictment, for catching Fish at Heton Norres. 

Fines for Lands iii Hunersfeld and Stalmyn. 



Conntp |3alatinf of HanrasJttr. 349 

Grant of a Messnas^e and Lands in Salfoid, whicli came to the Duke's hands chap. 

... IX. 

by tlie deatli of Richard de Tetlowc, who was a Bastard, and died without Heii' — .^_LL_ 
Remainder to Tliomas de Strangwas. 

Grant of Lands in Ingoll. 

Grant of an Escheat in Salibrd. 

Divers Fines for Writs de Attincta, Writs of Assize, and the Wiit de 
Debito. 

Grant of 20 Marks yearly, out of the Manor of West Derby. 

Grant of Wardsliip and Marriage of William de Warton. 

Appointment of Justices to try Malefactors for Trespasses in the Chases of Bow- 
land, PenhuU, Trowdcn, Rochdale, Rossendale, and Romesgrene. 

Grant of the Wardship and Marriage of Thomas de Haverington. 

Grant of Lands and Tenements in Gosenargh Escheated by Felony. 

Lease for 20 Years of the Foreign Wood of Myerscough. 

Mandate to the Duchy Escheator to interfere no further in Premises at Ribble- 
chester, seized into the Duke's Hands on the Felony of Roger de Allele. 

An Indenture of Agreenaent concerning Tenements in Romesgrene and the 
Towns of Penhulton and Cliderowe, between the Duke and the Abbot and Convent 
of Whalley. 

Grant of the BailiAnck of Derby WapentalvC for Life. 

Mandate to the Duchy Escheator not to interfere further as to Messuages and 
Lands in Asteley and Kyndeley, seized into the Duke's Hands by reason of the 
Felony of Richard de Athertou. 

On the back and in continuation of this Roll to the following effect. a. 3. a. 

° continued. 

The Duke to Adam Skillingcorn. 

A Lease of a Place called Hoddesdone for 12 Years, at £2. 6s. 8d. per Ann. 
Henry Le Norres, of Speek, and others, for the Duke. 

Recognizance of Debts and divers other Recognizances of Debts. 

A Lease by the Duke to William, sou of Adam, of Ly\erpull, and More de No. 3. 
LtvctouU and others deLyverpull, of the Town, with all the Mills of the same Town, guishedun 

the hiiciv 

toorether with the Rents and Services, and the Passage of the Water of Merese, with of the 

R tl 

the Turbary of Toxteth Park and the stallages as therein particularized. 

The Instrument, as enrolled, is very obscure. It is Tested, Henry do Walton, 
Lieutenant of the Duchy, at Lancaster, 24th March, lltli Year of the said 
Duke. 

Mandate to John Haverington and others, to raise Soldiers, Men at Anns, and 
Archers, in the Wapentakes of Amounderness, Fourneys, and Lonsdale, within the 
Duchy, to march against the Scotch. And like Mandates to others for Derbyshii-e, 



350 C&e iK^tnrj) of t\)c 

CHAP. Salfordsliire, Blalvcbnrnslure, and Leyloiulsliire Wapentakes, witli a distinct Man- 
_____ date to the Sheriff to assist. 

Grant of a yearly Rent of £10 to Henry Dittou out of the Lands of Tliomas 
Dittou. 

Grant of Wardship and Lands and Marriage of William the Son of Robert 
de Frees. 

The Duke's Pardon of Suit for Trespass and Hunting at Blakelegh Park. 

Grant of Holtefeld in Salford. 

Pardon of Peace to the Vicar of Kirkham Church for Mal-Adniinistration in his 
Office of Dean of Amouuderness. 

Mandates to raise 300 Archers, to accompany the Duke to Brittany, from the 
various Wapentakes. 

Grant of a Paviage for Preston, and for Customs on Merchandize in aid 
thereof. 

Admissions of Attorneys to plead in the Ducln* Courts. 

Justices assigned for observing the Statute of Weights and Measures. 

Permission to inquu-e of Lands in Hornclyx e. 

Grant of the Wardship of Lands of Adam de Mondesley. 

Paviage for the Town of Lperpull for 2 Years. 

Mandate to the Duchy Escheator for Livery of Seizin of Lands in Radeclif, as 
forfeited by Felony, the Duke having had year, day, and waste. 

Confirmation of a Grant of Henry, Earl of Lancaster, to William Norreys, of 
Lands in Derby. 

Writ of the Disseisin of Dokesbury Manor. 

The like of Lands in Chorley. 

Mandate to the Escheator for Laud in Fenwortham, seized for mthdraiiving of 
the service of a Boat over the River Ribble. 

Writ of the Disseisin for Lands in Ellale. 

Grant of the Site of Ulneswalton Manor to Richard de Hibernia, the Duke's 
Physician, with Liberty to be Toll free and Hoper free at the Duke's Mills. 

Grant of Allowance to the Town of Overton to grind Corn at the Duke's Mill 
at Lone. 

Grant of the Custody of St. Mary's Chapel at Syngleton. 

Pardon for Trespasses in the Duchy Forests. 

Pardon for Non-Appearance in Court. 

Justices assigned to keep the Waters, in which Salmons are caught. 

Justices to inquire of Stoppages in the Duchy Rivers, and chiefly tlie Ribble, to 
tlie injury of Fenwortham Fishery. 



CoimtP palatine of aanrasttr. 351 

Appointments of Stewai-dsliips. chap. 

Pardon of a Fine pro Licentia Concordanili, as to Tenements in Mancestre. ' 

Inquisition and Letters Patent touching the Manor of Mancestre as a Mai-ket 
To^ii and Boro' with the Hamlets thereto. 

The Duke to Thomas de Lathum and Wife. 

Licence to hokl Knouselegh Park. 

Agreement touching the Wardship of Lands and the Mairiage of Richard de 
Molyneux of Sefton. 

Divers Letters of Protection for Persons serving the King abroad. 

Confirmation of a Lease of the Manor of Ahleclif to the Prior of Lan- 
caster. 

WaiTant to levy 520 Marks from the Freeholders of Quernemore Forest and 
the Natives of Lonsdale, as theii- portion of £1000 Fine for Trespasses against 
the Assize of the Forest. 

Several Mandates to the Escheators concerning various Lands seized. 

Divers Pardons for Trespasses and Assaults. 

Exemplification of Procee(hngs touching the Intail of tlic Manor of Bury. 

Tlie like as to Lands in Harewode, the Water of Hyndehurue, and Clayton on 
the Mores. 

The other Records of the Annals of the Duchy are marked A. 1. and A. 5., and 
are similai' in their contents to A. 1. These Rolls terminate the Records of the 
first Duke, who died in the year 1361, without male issue. 

So rich an inheritance as the dukedom of Lancaster could not remain long in Revival of 
abeyance. The maniage of John of Gaunt, the fourth son of the reigning monarch (jom i" the 
of England, to Lady Blanch, the youngest daugliter of the deceased duke, produced jo'hn of' 
the almost immediate revival of the title; and the subsequent death of lady Maude, ^"'"'' 
mtliout issue, invested duke John with the whole of those extensive possessions 
which the fii'st duke had left to liis children. The confidence reposed by the king- 
in this, liis favourite and most higldy gifted son, conferred upon liim every thing but 
sovereign power ; and his second marriage with Constance, the eldest daugliter of 
Peter the Cruel, obtained for him the title of King of Castile and Leon. In this 
character he obtained the i-ight to coin money, and several pieces were struck bearing 
his superscription. Tlie wars in wliich he was engaged have already been adverted 
to,* and the history of this munificent duke shortly portrayed. His claim to the 
tlu*one of Sicily, founded on no just pretension, produced a strong remonstrance on 
the pai't of liis holiness. Pope Urban V., who issued on the occasion one of those 

* See chap. iv. p. 145. 



352 C!)c i^iistory of the 

CHAP. Bulls, at the bare name of wliicli piiuces and kings were accustomed to tremble. 
^^' This Bull is still in-eserA^ed, tbougb divested of its seal, and is couched in the follow- 
ing terms : — 

BULLA URBANI V. FAPJE. 

Papal " Urbauus episcopus, servus serAorum Dei, carissi- 

A.D. 1367. ™^' ^^- salutem et apostolicam benedictionem. 

An. 41 Edw. III. " Insonuit, fili caiissime, liiis diebus, riunor impla- 

T cidus, incomitatu Proviuciae, ad caiissimam in Christo 

In Thesau" Cur filiam nostram Johannam Reginam SiciUiae Ulustrem, 

Recent. Scacc. pro regno SiciJliae nostram et ecclesise Romanae vas- 

salam, spectans, et jam usque ad nostram audientiam 

est perlatus, qu6d, dilectus filius, nobilis vii-, Johannes 
dux Lancastriae, natus tuns, intendit, comminatur, et parat se praedictum comitatum 

invadere : 

" De quo, nescientes quo jiu-e vel titulo hoc agere Aaleat, mii-amur plurimum et 
dolemus, maxime quia, cum olun de hoc aliqua suspicio praecessissit, quidam nun- 
cius tuus, ex parte tui\, litteras portans credentiae, nobis retiUit, quod hoc nequaquam 
permitteret fieri regia celsitudo, nisi prius praecedente requisitione legitima, et in 
justitiae defectu, quod nondiim noscitur esse factum. 

" Cum itaque memorata Regina parata sit, super omnibus, quae idem dux ab ea 
vellet petere, stare juri, quod etiam nos offerimus pro eadem, serenitatem tuam aflfec- 
tuosfe rogamus, et obsecramus in Domino, quatenus hujusmodi iuvasionem, quae 
omnes illas partes, Deo juvante pacificas conturbaret, multaque pericula, animarum 
et corporum ac renim dispendia generaret indubi^, fieri non permittas, maximfe quia 
prffifatus dux, tenendo A-iam istam, rationabilem, justitiam suam, si quam habeat, 
facilius et houorabilius consequetur. 

" Super quibus, eidem serenitati pleuius exponendis, dilectum filium, magistrum 
Johannem de Cabrespino, cauonicum Narbonensem, decretorimi doctorem, apostolicae 
sedis nuncium, latorem prssentium, ad tuam prajsentiam destinamus, cui super hiis, 
qua; tibi de prsemissis, ex parte nostra, nan-averit, fidem velis credulam adhibere. 
" Dat. Viterbii, vii. kal. Augusti, pontificates nostri anno quinto. 

" BARTHOLOM.i:U.S." 

(Slgillo avulso.) 

The inquiry upon Avhat legitimate gi-ound the duke of Lancaster founded liis 
pretensions to the kingdom of Sicily, he was not able to answer to the pope's nuncio, 
and from that time this claim seems to have been abandoned. 



Coiintj) ^aalatmr of ilancnsittn 353 

The continental wai-s in which the English were engaged, did not prevent them chap. 
fi-om emharking on a crusade against Ireland, that iinfortmiate country, whicli has ^^' 
for so many centuries been the scene of oppression and misgovemment. In a writ, 
addi-essed to tlie sheriff of Lancasliire hy the king, the Irish people are characteiized 
as " our enemies, and rebels ;" and it is announced to the sheriff, that Lionel, duke 
of Clai'euce, the king's son, is on his way to Ireland, to coerce the •' rebels" into 
subjection, and the ports of Livei-pool and Chester are requu-ed to send sliips, pro-