to the right honourable the house of peers assembled in parliament, the humble petition of the knights, gentlemen, ministers, freeholders, and other inhabitants of the county of kent this text is an enriched version of the tcp digital transcription a62806 of text r11645 in the english short title catalog (wing t1633). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a62806 wing t1633 estc r11645 13798319 ocm 13798319 101869 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a62806) transcribed from: (early english books online ; image set 101869) images scanned from microfilm: (early english books, 1641-1700 ; 853:5) to the right honourable the house of peers assembled in parliament, the humble petition of the knights, gentlemen, ministers, freeholders, and other inhabitants of the county of kent england and wales. parliament. house of lords. 1 sheet ([1] p.) printed for joseph hunscott, london : 1641. "this is the perfect copy which was presented to the house of peers on the eighth of this instant february." reproduction of original in huntington library. eng church and state -england -early works to 1800. great britain -politics and government -1625-1649 -sources. kent (england) -politics and government -sources. broadsides -england -london -17th century a62806 r11645 (wing t1633). civilwar no to the right honourable the house of peers assembled in parliament. the humble petition of the knights, gentlemen, ministers, freeholders, a [no entry] 1641 367 1 0 0 0 0 0 27 c the rate of 27 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2008-01 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-02 elspeth healey sampled and proofread 2008-02 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion ❧ to the right honourable the house of peers assembled in parliament . the humble petition of the kinghts , gentlemen , ministers , freeholders , and other inhabitants of the county of kent . sheweth , that the petitioners do with joy and humble thankfulnesse acknowledge the good correspondency and concurrence , which ( by the blessing of god ) this honourable house hath held with the worthy house of commons , in passing the bill to take away the votes of the prelates in this honourable house , and disabling them from temporall imployments ; and for setting the kingdom into a posture of warre for its defence . and the petitioners do in like manner most humbly and heartily prosesse . that they will ever honour this honourable house , and to the utmost of their power defend the same , so farre as your lordships shall continue to hold correspondence and concurrence with the said house of commons in all their just desires and endeavours . upon which the petitioners do humbly conceive , greatly dependeth the peace and welfare of this kingdom . and the petitioners most humbly pray , that this honourable house ( declaring therein your noble resolutions for the publike good ) would be pleased to go on with the said house of commons , to a through reformation , especially of the church , according to the word of god ; to presse dispatch for the ayd of ireland ; to expedite proceedings against delinquents ; to vindicate parliament priviledges ; to discover , remove , and punish evill councellors ; to deprive the popish lords of their votes ; to difarm and search out papists , and put them into safe custody ; to suppresse masse , both in publike and private ; to cast out scandalous ministers , plant painfull preachers every where ; and discover who are church papists , as well as known recusants , and the petitioners shall daily pray , &c. this is the perfect copy which was presented to the house of peers on the eighth of this instant february . london , printed for to joseph hunsco●t . 1641. die jovis, 20 januarii. 1647. an ordinance of the lords and commons assembled in parliament, for enabling a committee in the county of kent to put in execution all former ordinances of parliament concerning indempnity. england and wales. parliament. this text is an enriched version of the tcp digital transcription a83087 of text r210757 in the english short title catalog (thomason 669.f.11[119]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83087 wing e1885 thomason 669.f.11[119] estc r210757 99869514 99869514 162770 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83087) transcribed from: (early english books online ; image set 162770) images scanned from microfilm: (thomason tracts ; 246:669f11[119]) die jovis, 20 januarii. 1647. an ordinance of the lords and commons assembled in parliament, for enabling a committee in the county of kent to put in execution all former ordinances of parliament concerning indempnity. england and wales. parliament. 1 sheet ([1] p.) printed for iohn vvright at the kings head in the old bayley, london : 1647 [i.e. 1648] signed: joh. brown cler. parliamentorum. recites ordinances of 21 may 1647 and 7 june. sir john rivers, sir edward moyns, etc. are appointed a committee for kent. they or any five of them to act -cf. steele. reproduction of the original in the british library. eng great britain -history -civil war, 1642-1649 -early works to 1800. kent (england) -history -17th century -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a83087 r210757 (thomason 669.f.11[119]). civilwar no die jovis, 20 januarii. 1647. an ordinance of the lords and commons assembled in parliament, for enabling a committee in the county of kent england and wales. parliament. 1648 427 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-12 mona logarbo sampled and proofread 2007-12 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion die jovis , 20 januarii . 1647. an ordinance of the lords and commons assembled in parliament , for enabling a committee in the county of kent to put in execution all former ordinances of parliament concerning indempnity . the lords and commons assembled in parliament , having by an ordinance of parliament of the one and twentieth day of may , 1647. and by an additionall ordinance of the seventh day of june last , provided for the saving harmlesse and indempnified all such souldiers and others , as have acted by the authority of parliament , or for the service thereof . and finding by severall complaints made to them , that it is a great charge and trouble to very many poore souldiers and others , to whom a due reliefe is intended by the said ordinances , to make their repaires to the city of london , and to attend the committee of lords and commons appointed by the said ordinances for the execution thereof ; the said lords and commons , in consideration thereof , have thought fit to order and ordaine ; and it is hereby ordered and ordained , that sir john rivers knight and baronet , and sir edward moyns , sir thomas style , sir richard harders , sir thomas peirce baronets , sir anthony welden , sir iohn honywood , sir nicholas miller knights , thomas plumer , iohn twesleton , lambert godfry , richard porter , george newman , thomas seylard , william iames , richard beale , iohn browne , william skenner , william boothby , william kenwrick , george hall , iohn bix esq iohn boys of elmington , robert scot , thomas blunt esq robert hales esq sir edward masters knight , thomas denne , robert ladd , iohn nutts esq sir iames oxinden knight , thomas broadnex , iohn holland , thomas boys of wilsbourgh esq george duke esq be and are hereby appointed to be a committee for the county of kent , for the putting in execution the severall powers contained in the said ordinances . and the said persons , or any five or more of them within the county aforesaid , are hereby authorized and appointed to take care from time to time duely to execute and performe the powers given by the said ordinances , as by the same is expressed and ordained . joh. brown cler. parliamentorum . london printed for iohn vvright at the kings head in the old bayley . 1647. by the king. a proclamation of his majesties grace, favour, and pardon to the inhabitants of his county of kent. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a79023 of text r211305 in the english short title catalog (thomason 669.f.5[98]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a79023 wing c2671 thomason 669.f.5[98] estc r211305 99870035 99870035 160811 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a79023) transcribed from: (early english books online ; image set 160811) images scanned from microfilm: (thomason tracts ; 245:669f5[98]) by the king. a proclamation of his majesties grace, favour, and pardon to the inhabitants of his county of kent. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 1 sheet ([1] p.) by l. lichfield, [oxford : 1642] "given at our court at reading, this eight day of november, in the eighteenth yeare of our reigne.". with engraving of royal seal at head of document. place and date of imprint from wing. reproduction of the original in the british library. eng pardons -great britain -early works to 1800. kent (england) -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a79023 r211305 (thomason 669.f.5[98]). civilwar no by the king. a proclamation of his majesties grace, favour, and pardon to the inhabitants of his county of kent. england and wales. sovereign 1642 605 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion cr honi soit qvi mal y pense royal blazon or coat of arms by the king . ¶ a proclamation of his majesties grace , favour , and pardon to the inhabitants of his county of kent . whereas we have taken notice , that by the malice , industry and importunity of severall ill-affected and seditious persons in our county of kent , very many of our weake and seduced subjects of that our county have not only been drawne to exercise the militia , undercolour of a pretended ordinance , without and against our consent ( a crime of a very high nature , if we would strictly enquire thereinto ) but have made contributions of plate , money and horses , towards the maintenance of the army now in rebellion against vs ; we doe hereby publish and declare , that we are graciously pleased to attribute the crimes and offences of our said subjects of that county to the power and faction of their seducers , who , we beleeve , by threates , menaces , and false informations compelled and led them into these actions of undutifullnesse and disloyalty towards vs ; and we doe therefore hereby offer our free and gracious pardon to all the inhabitants of our said county of kent , for all offences concerning the premises committed against vs before the publishing of this our proclamation ( except sir michaell lively baronet , and thomas blount esquire , ) against whom wee shall proceed according to the rules of the law , as against traitours and stirrers of sedition against vs , and whom wee doe hereby require all our officers and ministers of iustice , and all our loving subjects whatsoever , to apprehend and cause to be kept in safe custody till our pleasure be further knowne . provided that this our grace shall not extend to any person , who after the publishing this our proclamation shall presume by loane or contribution to assist the said army of rebells , to assemble and muster themselves in armes without authority derived from vs under our hand , to enter into any oath of association for opposing vs and our army , or to succour or entertaine any of the persons excepted in this our proclamation , or in our declaration of the 12. of august . but we must and doe declare , that whosoever shall hence forward be guilty of the premises , or of either of them , shall be esteemed by us as an enemy to the publick peace , a person disaffected to vs , and to the religion and law of the kingdome , and shall accordingly receive condigne punishment , of which we give them timely notice , that they may proceed accordingly at their perills . and we doe hereby will and require our high sheriffe , commissioners of array , iustices of the peace , and all other our officers , and loving subjects to resist , oppose and apprehend all such persons as shall presume to make any leavies in that our county under what pretence soever without authority derived from vs under our hand ; and we likewise will and require them and every of them to be assistant to all such as shall either command the traine bands of that our county , or make any leavies in the same by virtue of commission under our great seale or signe manuall . ¶ given at our court at reading , this eight day of november , in the eighteenth yeare of our reigne . god save the king . to the right honourable the lords and commons assembled in parliament. the humble petition of many of the gentry, ministers, free-holders, and other inhabitants of the county of kent, and the cities of olders, and other inhabitants of the county of kent, and the cities of canterbury and rochester, and county of canterbury, with the cinque ports, and their members, and other corporations within the said county. this text is an enriched version of the tcp digital transcription b06148 of text r233632 in the english short title catalog (wing t1681). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 b06148 wing t1681 estc r233632 53299325 ocm 53299325 180051 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b06148) transcribed from: (early english books online ; image set 180051) images scanned from microfilm: (early english books, 1641-1700 ; 2811:18) to the right honourable the lords and commons assembled in parliament. the humble petition of many of the gentry, ministers, free-holders, and other inhabitants of the county of kent, and the cities of olders, and other inhabitants of the county of kent, and the cities of canterbury and rochester, and county of canterbury, with the cinque ports, and their members, and other corporations within the said county. england and wales. parliament. 1 sheet ([1] p.) printed for william larnar, london : 1642. "this petition was delivered and read in the house of commons the fifth of may 1642 with 8000 hands thereto." caption title. reproduction of original in: bodleian library. eng reformation -england -sources. kent (england) -politics and government -early works to 1800. canterbury (england) -politics and government -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. broadsides -england -17th century. b06148 r233632 (wing t1681). civilwar no to the right honourable the lords and commons assembled in parliament. the humble petition of many of the gentry, ministers, free-holders, a [no entry] 1642 800 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-01 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-02 elspeth healey sampled and proofread 2008-02 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion to the right honourable the lords and commons assembled in parliament . the humble petition of many of the gentry , ministers , free-holders , and other inhabitants of the county of kent , and the cities of canterbury and rochester , and county of canterbury , with the cinque ports , and their members , and other corporations within the said county , most humbly sheweth , that your petitioners , or many of them have heretofore exhibited to both houses of parliament a petition concurring with those of the renowned city of london , and other severall counties of this kingdome , expressing their true zeale to true religion in the pure worship of god , and their loving affections to the kings most excellent majesty , both houses , and the kingdomes : that your poore petitioners doe with all humility returne their utmost thankes unto this honourable assembly , for your favourable and gentle acceptance of their petition , your great care and vigilancy , and uncessant labours for the advancement of the true reformed religion , the honor and welfare of his majesty , and his kingdomes , and for your continued endeavours for a right understanding betweene his majesty , and his parliament ; for your instant addresse to his majesty , to disswade him from his personall expedition for ireland , and especially for that to us so welcome declaration of lords and commons , april 9. 1642. concerning your pious intentions for a necessary reformation , which renewes our hopes , and we hope will further your account in the day or the lord , who are come up as saviours on mount sion , and that your petitioners ; doe most heartily rejoyce to behold the happy union of both houses of parliament , and the mutuall concurrence of them and the whole kingdome , wherein under his majesty , the safety of all the three kingdomes doe consist . yet your petitioners cannot but plainly expresse with what sad hearts they thinke on the many evill occurrents which interrupt your unparalelled paines , and intercept the fruit of your faithfull counsels , from us among which this is not the least ( viz. ) a petition ( as we conceive ) of dangerous consequence , and published at the last generall assises holden for this county at maidstone , and then ( yea , yet ) advanced for subscribers , intended to be exhibited to this honourable house , as the petition of the whole body of this county , to cause the whole kingdom to beleeve that petition to be the act of the whole county of kent ( or the major part thereof ) whereby a great blemish and scandall is brought upon this loyall and peaceable county , being styled the kentish petition , which we know is not the act of the body of the county , as it seemeth to speak , for as much as it was disavowed by many of the then grand jury , and justices on the bench , and by all us your petitioners , whose names are under-written . 1. wherefore our humble prayer is , that your honours would be pleased first to accept this our vindication of our selves and this county , who utterly disclaime the said petition , humbly leaving it to the wisdome , justice and clemency of this honourable assembly , to difference betweene the active contrivers and promoters , and unadvised subscribers thereof . 2. to lift up your hearts above all discouragements in the wayes of the lord , according to that your so religious resolutions for reformation in the church , for a consultation with godly and learned divines , and for the establishing of a preaching ministry throughout the whole kingdome : and we your petitioners being sensible , that to oppose or flight his majesties parliament , and the orders thereof , were to hazzard the safety of his majesties royall person , and all his kingdomes , and to further the designes of our enemies , who hope by causing our division , to triumph in our confusion . and we your petitioners are unanimously resolved to maintaine and defend , as far as lawfully we may , with our lives , power and estates , his majesties royall person and dignities , as also the power and priviledges of his parliament , according to our protestation . and shall daily pray that your hands may be sufficient for you to accomplish every good worke . this petition was delivered , and read in the house of commons the fifth of may , 1642. with 8000. hands thereto . london printed for william larnar . 1642. by the king. his majesties proclamation forbidding all his loving subjects of the counties of kent, surrey, sussex, and hampshire, to raise any forces without his majesties consent or to enter into any association or protestation for the assistance of the rebellion against his majesty. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a79014 of text r211759 in the english short title catalog (thomason 669.f.5[139]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a79014 wing c2645 thomason 669.f.5[139] estc r211759 99870460 99870460 160850 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a79014) transcribed from: (early english books online ; image set 160850) images scanned from microfilm: (thomason tracts ; 245:669f5[139]) by the king. his majesties proclamation forbidding all his loving subjects of the counties of kent, surrey, sussex, and hampshire, to raise any forces without his majesties consent or to enter into any association or protestation for the assistance of the rebellion against his majesty. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 1 sheet ([1] p.) s.n., [london : 1643] at head of title: "c.r." without royal arms. "given at our court at oxford, this sixteenth day of february, in the eighteenth yeere of our reigne. god save the king." imprint from wing. annotation on thomason copy: "march 1". reproduction of the original in the british library. eng kent (england) -history -early works to 1800. sussex (england) -history -early works to 1800. surrey (england) -history -early works to 1800. hampshire (england) -history -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a79014 r211759 (thomason 669.f.5[139]). civilwar no by the king. his majesties proclamation forbidding all his loving subjects of the counties of kent, surrey, sussex, and hampshire, to raise england and wales. sovereign 1643 1052 2 0 0 0 0 0 19 c the rate of 19 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2008-03 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion c. r. by the king . his majesties proclamation forbidding all his loving subjects of the counties of kent , surrey , sussex , and hampshire , to raise any forces without his majesties consent , or to enter into any association or protestation for the assistance of the rebellion against his majesty . whereas we have been informed of certain propositions agreed upon by some seditious persons of our severall counties of kent , surry , sussex and hampshire , for an association betwixt the said counties , to raise an army of 3000 foot , and 300 horse , and great summes of money for the maintenance thereof , and an invitation to our good subjects of that county , to enter into a protestation to assist them in this odious and unnaturall rebellion ; we doe hereby declare for the satisfaction of all our loving subjects of those counties , and that they may not be seduced from their obedience by the cunning and subtilty of those men , that the entring into such an association and protestation , and raising of men or contributing money upon the same , is an act of high treason , and an endeavour to take away our life from vs : and we do therefore straitly charge and command all our loving subjects whatsoever upon their allegiance not to enter into any such association or protestation , and such , as by colour of such authority have assembled together , that they immediately di●band and repaire to their houses . and we doe once more renew our offer of a free and gratious pardon to all our subjects of our said foure severall counties , excepting those whom we before excepted in our severall proclamations concerning those our counties , against all which we shall proceed according to the rules of the law , as against persons guilty of high treason ; and whom we doe hereby require all our officers and ministers of justice , and all our loving subjects whatsoever , to apprehend and cause to be kept in safe custody . and our expresse pleasure is , and we doe hereby will and command all the severall tenants of the persons excepted in our proclamation for those foure counties of kent , surrey , sussex , and hampshire , and all other persons who are any waye indebted unto them , and all the tenants to any other person of any of the said counties , who is now in actuall and open rebellion against us , or who after the publishing of this our proclamation shall contribute to the maintenance of the armies now in rebellion against us , under the conduct of robert earle of essex , or of any other person or persons , or that shall joyne in any such traiterous association or protestation , that they forbeare to pay any rents or debts due to the said severall persons , but detaine the same in their hands towards the maintenance of the peace of the counties , and the reparation of such men who have suffered by the violence of the others . and if any souldier or souldiers now under command against us in either of our said foure counties , shall within six dayes after the publishing of this our proclamation , apprehend and bring before us , or any officers of our army , or any other our minister of justice , so that the person apprehended be kept in safe custody , the bodies of any of the persons so excepted by us , or of any of the commanders or officers now in rebellion against us in any of the said foure counties , such souldier or souldiers , besides their pardons , shall receive such liberall rewards by pensions , or otherwise , as their severall services in respect of the qualities of the persons so apprehended shall deserve . and if any commander or officer ( except the persons before excepted ) now in rebellion against us , in any of the said foure counties , shall within five dayes after this our proclamation published , being convinced in his conscience of his damnable offence against god and us , in assisting this odious rebellion , returne to his alleagiance and repaire to our army , and commit no hostile act in the meane while against us , we shall not onely pardon him , but so far imploy him as his quality and deme●nour shall deserve . and we doe hereby require all our loving subjects of what degree or quality soever , within our said foure severall counties , upon their allegiance , and as they tender the cause of god , the protestant religion , being invaded and threatned to be rooted up by anabaptists , brownists , and atheists , of us , and our posterity ( our life being sought after by this rebellion , and of themselves , the law and liberty of the subject being in apparent hazard to be subjected to an arbitrary lawlesse power , of a few schismaticall , factious , and ambitious persons ) to assist us in person , or with the loane of money , plate , and horses , in this our great necessity . and having said thus much out of our tender regard of our subjects of those our counties ; if they shall henceforward be guilty of the premises : and shall either by loane or contribution assist the said army of rebels , assemble and muster themselves in armes withour authority derived from us under our hand , or shall enter into any oath of association for opposing us and our army , and so compell us to send part of our forces thither to reduce them to their obedience ; they must answer the miseries that must follow , to god , and their country . and our pleasure is , that this our proclamation be read in all the parish churches and chappels in the said foure severall counties . given at our court at oxford , this sixteenth day of february , in the eighteenth yeere of our reigne . god save the king . the presentment of the grand-jury for the county of kent, at the assizes holden at maidstone the 12th day of march, in the five and thirtieth year of the reign of our soveraign lord, charles the second, by the grace of god, of england, &c. annoq[ue], dom. 1682 to the right honourable sir francis pemberton, knight, lord chief justice of his majesties court of common pleas, and one of his majesties most honourable privy council. 1683 approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a55730 wing p3283 estc r6044 12271147 ocm 12271147 58250 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a55730) transcribed from: (early english books online ; image set 58250) images scanned from microfilm: (early english books, 1641-1700 ; 875:8) the presentment of the grand-jury for the county of kent, at the assizes holden at maidstone the 12th day of march, in the five and thirtieth year of the reign of our soveraign lord, charles the second, by the grace of god, of england, &c. annoq[ue], dom. 1682 to the right honourable sir francis pemberton, knight, lord chief justice of his majesties court of common pleas, and one of his majesties most honourable privy council. pemberton, francis, sir, 1624-1697. 1 sheet ([1] p.) printed for jos. hindmarsh ..., london : 1683. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng grand jury -england -kent. kent (england) -history -17th century -sources. broadsides -england -london -17th century 2008-04 tcp assigned for keying and markup 2008-09 spi global keyed and coded from proquest page images 2008-11 mona logarbo sampled and proofread 2008-11 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion the presentment of the grand-iury for the county of kent , at the assizes holden at maidstone the 12 th day of march , in the five and thirtieth year of the reign of our soveraign lord , charles the second , by the grace of god , of england , &c. annoque dom. 1682. to the right honourable sir francis pemberton , knight , lord chief justice of his majesties court of common pleas , and one of his majesties most honourable privy councill . wee do humbly present , that the best and most effectual way to maintain and preserve his majesties sacred person , the church and state by law established , together with the just liberties , priviledges , and properties of the subject , is an impartial and due execution of the laws . that popery and fanaticisme are equally dangerous to the government : the papists having almost ever since the establishment of the protestant religion endeavoured the subversion thereof , but by the providence of god have been disappointed in all their attempts ; but the fanaticks having in our own memory , in the compass of a few years , actually maintained an open rebellion , in the face of the sun murdered the best of kings , subverted the government both in church and state , and with an un-heard of impudence justified all. that we have reason to believe the same destructive and anarchical ends , are at this day driven by many persons who under-hand court a popular fame , the same way and in the same age to destroy the monarchy again . that although his majesties incomparable goodness and clemency may perpetually meet such persons with his gracious pardons , yet we hope and pray that according to his majesties royal father's advice of blessed memory , his majesty will be pleased never to trust them : which is a wise and sure principle , whereby neither his majesty , nor his loyal subjects , can ever be ruined again by the same instruments . that all such as pretend to moderation in execution of the laws where the government is apparently assaulted , are but betrayers of their own consciences , their king and country . that the maintaining of the succession of the crown in the right line , is the undoubted means for the preservation and support of this monarchy , church and state. we do also present , that all persons , whether papists or protestant dissenters , and such as utter disaffected reflections against the government , are dangerous and of ill example ; and the names of such ought to be represented to the lord lieutenant , or his deputies , that they be forthwith disarmed , according to the laws and statutes of this realm . we do also present , that the separate manner of divine worship , used and permitted amongst the walloons and flemings of canterbury , and other places in this county , is of dangerous example , and infections to his majesties liege subjects , many of the dissenting persons from the church of england daily flocking to their assemblies ; and therefore we humbly conceive some regulation is fit to be made therein , according as to his majesties wisdom shall seem most fit . we do also present as our humble advice , that all persons that keep ale-houses , victualling-houses , or other publick houses within this county , shall bring a certificate under the hand of the parson of the parish , or other incumbent there , at the same time that they come to renew their licenses , that they have duly repaired to their parish churches , and received the sacrament according to law. that coffee-houses , and the selling of brandy by several shopkeepers in towns corporate , villages and other places in this county , is a frequent occasion to gather persons together disaffected to the government , who there take a liberty to intermeddle with affairs of state , to reflect upon their superiours , and to debauch the affections and loyalty of his majesties liege people , by amusing them with causeless fears and jealousies . all which , we humbly submit to the wisdom of this honourable court , and humbly pray , that his majesty may be acquainted with the loyal presentments and dutiful affections of his majesties most obedient and loyal subjects of the said county : sir edward dering , knight . sir nicholas toke , knight . william rooke , esq john cason , esq william kingsly , esq edward roberts , esq herbert randolph , esq caleb banckes , esq richard manly , esq john mersham , esq charles wheeler , esq roger payne , esq walter hooper , esq henry lee , esq christopher mists , esq james bicks , esq john linch , esq john simpson , esq henry frere , esq london , printed for jos hindmarsh , bookseller to his royal highness , at the black-bull in cornhill , 1683. the declaration of sir thomas glenham, sir marmaduke langdale, and sir philip musgrave, in the north of england concerning the counties of essex and kent and their resolution and proceedings thereupon; as also touching the army. likewise a great fight at pontefract castle in yorkshire, betwixt the parliaments forces and the cavaliers, and the number that were slain and taken prisoners; as also, the taking of the said castle, with all the ordnance, armes, and ammunition. with a list of the chief commanders belonging to the parliaments forces. col. fairfax. col. roads. col. bethel. col. aldred. col. legere.. [sic] col. cholmley. col. lassels. col. wastell. glemham, thomas, sir, d. 1649. this text is an enriched version of the tcp digital transcription a86030 of text r202294 in the english short title catalog (thomason e446_29). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 12 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a86030 wing g849 thomason e446_29 estc r202294 99862634 99862634 161791 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a86030) transcribed from: (early english books online ; image set 161791) images scanned from microfilm: (thomason tracts ; 70:e446[29]) the declaration of sir thomas glenham, sir marmaduke langdale, and sir philip musgrave, in the north of england concerning the counties of essex and kent and their resolution and proceedings thereupon; as also touching the army. likewise a great fight at pontefract castle in yorkshire, betwixt the parliaments forces and the cavaliers, and the number that were slain and taken prisoners; as also, the taking of the said castle, with all the ordnance, armes, and ammunition. with a list of the chief commanders belonging to the parliaments forces. col. fairfax. col. roads. col. bethel. col. aldred. col. legere.. [sic] col. cholmley. col. lassels. col. wastell. glemham, thomas, sir, d. 1649. langdale, marmaduke langdale, baron, 1598?-1661. musgrave, philip, sir, 1607-1678. 2, [6] p. printed for r.w., london : 1648. the words "col. fairfax. .. aldred." and "col. legere. .. wastell." are bracketed together on title page. annotation on thomason copy: "june 8th". reproduction of the original in the british library. eng great britain -history -civil war, 1642-1649 -campaigns -early works to 1800. kent (england) -history -17th century -early works to 1800. essex (england) -history -17th century -early works to 1800. a86030 r202294 (thomason e446_29). civilwar no the declaration of sir thomas glenham, sir marmaduke langdale, and sir philip musgrave, in the north of england concerning the counties of e glemham, thomas, sir 1648 1928 18 0 0 0 0 0 93 d the rate of 93 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-08 tcp assigned for keying and markup 2007-08 aptara keyed and coded from proquest page images 2009-01 emma (leeson) huber sampled and proofread 2009-01 emma (leeson) huber text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion the declaration of sir thomas glenham , sir marmaduke langdale , and sir philip musgrave , in the north of england concerning the counties of essex and kent and their resolution and proceedings thereupon ; as also touching the army . likewise a great fight at pontefract castle in yorkshire , betwixt the parliaments forces and the cavaliers , and the number that were slain and taken prisoners ; as also , the taking of the said castle , with all the ordinance , armes , and ammunition . with a list of the chief commanders belonging to the parliaments forces . col. fairfax . col. roads . col. bethel . col. aldred . col. legere . col. cholmley . col. lassels . col. wastell . london : printed for r. w. 1648. the declaration and proclamation of colonell bonivent , and the rest of his majesties commanders in the north , wherein is declared , their resolution and protestation , concerning their present engagement for the king . honoured sir , divers great commanders ( in these parts ) begins to appear visible and active for the king , and have declared the grounds and reasons of their taking up armes in this second engagement , having taken an oath and protestation for the prosecuting of this their present design to the utmost , and to take all oportunities whatsoever for the promoting thereof : in pursuance whereof colonell bonivent ( formerly groom of the stable to sir marmaduke langdale ) with a party of officers and souldiers , to the number of one hundred , consulted together for the surprizall of pontefrast castle , and at the last resolved to put themselves into a disguised posture , and to act their design in the habit of country-men , which they did , and upon thursday last , being market day , they came from severall parts , and met at the lower town , and the plot being laid and the time and hour appoined , about 20 of them came up to the castle gate on horseback , with sackes under them , and their armes unseen , and discoursed with the centinels , and immediatly their confederates in the castle , and their associates at the lower town , made their appearance neer them , who upon a sudden cast down their sacks , and rushed in at the gates , major cotterell the governour receiving this allarm , with about 30. men charged them in the castle yard , but could not regain what was lost , the rest comming up so violently , insomuch that the enemy hath unhappily become masters of this impregnable castle , and hath taken about 60. prisoners , 3000. armes , 80. barrels of gunpowder , match and bullet proportionable , two culverins , one demic●lverin , one morterpiece , two cullers , 600. weight of cheese ; and great store of other victualling . but before they became sole masters thereof , they lost at the least 8 of their men , for major cotterel fought gallantly , beating them back as far as the outmost gate , but it was his hard chance there to receive a wound , which gave a great advantage to the enemy , and his body was there seized on , the rest of his men retreated to the queens tower , and ●eld the enemy in dispute for the space of one hour , killing some of them , but at the last were forced to yeeld upon quarter . from the north we heare ▪ that our forces are very success●full against the enemy , and that major carter hath possessed himself of bainy castle , upon which sir marmaduke langdale took an allarm , and is retreated towards carlisl● , westmerland being thereby freed of his forces . colonell harrisons regiment of foot , and colonel twisletons of horse , are to march towards bainy castle , and about ten dayes hence to ingage langdale , if possible . we are now somewhat quiet about helmsly , they are raising the trained bands in this county , and have nominated their offic●●s . viz. for the west riding , col. roads , and col. fairfax . in the east-riding , col bethel , col. aldred , and col. legere . in the north-riding , col. cholmley , col. lassels , and col. wastel , they have also chosen their other officers , which hath caused langdale , gle●ham , musgrave , and the rest , to declare , that if the essex and kentish men doe not prevaile against the army in the south , they cannot proceed on with their designs in the north , for if once the southern and northern army should joyn , they are not able to fight them in the field . they have further declared , that what they now act is by the authority and power of the prince of wales , but murmures very much against the scots , especially against duke hamiltons party , york 5. may , 1648. propositions from westmerland touchin the kings army in the north . sir , the enemies of god and this kingdoms peace are now in arms in our county of westmerland ; after their surprisall of carlisle they marched into us , and possessed themselves of appleby , the gentlemen of our country before their generall sir marmaduke lang●ale his advance , summoned in our county for , and after united wi●h them ; their strength at first despicable , is now increased . the foot generally arrayed and forced trained bands of westmerland and cumberland . their quarters are at kendale , kirkby , and the frontiers of lancashire : their carriage as well as design full of malignancy which sufficiently evidences the falslnesse of their special pretences ; they plunder divers persons ( of whom many of us are examples ) well affected to the parl. notorious malignant ministers formerly ejected do thrust us from our congregations , advance the book of common prayer , erect and use the condemned ceremonies sometimes in fashion of cringing , bowing , &c. resolve to cut off the parl ▪ and their adherents , if god prevent not , having our hopes very much inlightned by your advance , we are here humbly in reference to the premises to beseech , that as your own tendernesse of the kingdoms peace we are confident doth and will oblige you , you will vouchsafe to send your assistance in this distressed estate of the kingdome , the more speedily the enemy is discountenanced , the lesse danger being likely to fall upon us : the advance and engagement of that briggade of horse with you , as our onely hopes to see the honest party in the north relieved , and those publike enemies of god brought th punishment : what way to do this , wee dare not presume to advise , if your power may extend to command the foot of lancashire , we conceive it would be much for your advantage ; if not so , your conjunction with gen. lamberts horse may be a more facile and speedy way of deliverance , if it may be appoin●ed upon our borders , to this we have these encouragements , in respect of their small number of horse and forced foot : the resolution of many lancashire horse to joyne with you , if you can give them any order , the especiall confidence we have of god to acknowledge you in this undertaking , and our owne resolution to serve the parliament and you , in our utmost endeavours . for the right valiant colonel blackmore , governour of warrington . signed by divers of the gentry and inhabitants in the county of westemerland . postscript . by letters out of lancashire , it is certified , that sir marm. langdale is in westmerland , and hath with him there 16 troops of horse and 2000. foot , the report is , that he hath taken the magazine in that county , wherein was 4000. armes ▪ and great store of powder , many honest people are forced to fly hither out of that county ; yet are we no wayes discouraged , but are resolved to march towards langdale to prevent his comming further into these parts , and wee doubt not but by the 1. of june col. harrisons briggard of horse will in all consist of about 4000 horse and foot . the copy of a letter from the city of york . sir , i doubt not but a short time will produce fresh comforts , for the high sheriff of this county hath declared his great forwardnesse and resolution to raise forces for the opposing of all that shall obstruct the peace thereof , which hath frustrated the designs of many , but with some taken effect ; for col. bonivont , the la●e governour of sandall , hath most unhappily seized on the strong castle of pontefract , together with all the arms and ammunition , and taken divers prisoners ▪ and wounded the governour . it is a businesse of great concernment , and if not timely reduced , will much retard the work in hand ; but we heare , that maj. gen. lambert hath designed a considerable number of horse and foot for the blocking of them up , and hindering provisions from going into them . divers of the adverse party flockes thithar apace , and they entertain all that comes , having store of armes and provisions . tuesday . the ordinance for indempnity for the essex men in general , which are in arms , and shal upon publication thereof , lay down past yesterday , and this day was ordered to be published at chelmsford ▪ where the greatest part of the essex men do now recide , and there is some cause to believe that they will presently depart to their own homes , especially if that report be true that the l. goring is gone away from bow to unite himself with langdale , but of that i have not any certainty , for it was o●●erwise the last night . the l. gen. fairfax was this morning at rochester , and hath sent col . rich his reg. of horse , and some troops of dragoons towards canterbury and dove● , for that intelligence was brought , that some disturbances continued thereabouts . if the essex men lay not downe , and do not take the benefit of that ordinance , his excellency with the rest of his army is expected to cross the river into that county . there are divers ships designed to fetch in those five which are revolted ; they were sayling towards the isle of wight , and by a tempest ▪ are said to be carryed neer upon the coast of the irish seas , the men which are gone in them , are much divided amongst themselves , when any other ships appear , it is believed , that lendall the bostons mate which took on him as vice-admiral , will by the rest that are with him , be brought to answer for his great and dangerous presumption . imprimatur g. m. finis . bloody nevves rom [sic] the scottish army, concerning the late bloody fight upon munday last, six miles on this side carlisle, between the 2. armies of england and scotland, the one commanded by major gen. lambert, the other by his excellency duke hamilton. with the number that were slain and taken prisoners on both sides, and the resolution of the scottish army thereupon, and the names of the chiefe commanders of scotland, which were wounded in the fight. likewise the scottish message to the english army, and their answer and resolution thereupon. with the declaration of the county of kent, concerning the landing of the duke of york, and the coming in tothe [sic] scotish army. this text is an enriched version of the tcp digital transcription a76906 of text r205057 in the english short title catalog (thomason e453_34). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 12 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a76906 wing b3284 thomason e453_34 estc r205057 99864499 99864499 161998 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a76906) transcribed from: (early english books online ; image set 161998) images scanned from microfilm: (thomason tracts ; 72:e453[34]) bloody nevves rom [sic] the scottish army, concerning the late bloody fight upon munday last, six miles on this side carlisle, between the 2. armies of england and scotland, the one commanded by major gen. lambert, the other by his excellency duke hamilton. with the number that were slain and taken prisoners on both sides, and the resolution of the scottish army thereupon, and the names of the chiefe commanders of scotland, which were wounded in the fight. likewise the scottish message to the english army, and their answer and resolution thereupon. with the declaration of the county of kent, concerning the landing of the duke of york, and the coming in tothe [sic] scotish army. hamilton, james hamilton, duke of, 1606-1649. lambert, john, 1619-1683. scotland. army. [2], 6 p. printed for general satisfaction, of the english and scottish .., london : [1648] publication date from wing. consists of 4 letters: 1) dated: perith iuly 16. 1648; 2) signed and dated: avan july 18. 1648. j. hambleton; 3) signed i. lambert; 4) dated: waymer castle july the 20. 1648. annotation on thomason copy: "july 21". reproduction of the original in the british library. eng scotland. -army -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. kent (england) -history -early works to 1800. a76906 r205057 (thomason e453_34). civilwar no bloody nevves rom [sic] the scottish army,: concerning the late bloody fight upon munday last, six miles on this side carlisle, between the hamilton, james hamilton, duke of 1648 1892 11 0 0 0 0 0 58 d the rate of 58 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-08 paul schaffner sampled and proofread 2008-08 paul schaffner text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion bloody nevves from the scottish army , concerning the late bloody fight upon munday last , six miles on this side carlisle , between the 2. armies of england and sctoland , the one commanded by major gen. lambert , the other by his excellency duke hamilton . with the number that were slain and taken prisoners on both sides , and the resolution of the scottish army thereupon , and the names of the 〈◊〉 commanders of scotland , which were wounded in the fight . likewise the scottish message to the english army , and their answer and resolution thereupon . with the declaration of the county of kent , concerning the landing of the duke of york , and the coming in t of he scottish army . london , printed for geneall satisfaction , of the english and scottish 〈…〉 a great fight on sunday last between two armies of england and scotland . honoured sir , since my last to you , dated the 14. of this instant , the scots horse are advanced from carlile , towards our quarters at perith , and thought to have fallen upon our out-guards , and surprized our men in our quarters , but by the vigilancy of our scouts , they were discovered , and notice were given to our horse guards , who were kept 4 , miles from perith in the road to carlile : whereupon c●ptain bethel ( a man of known valour and integrity ) receiving the allarm , caused his troop immediatly to mount , and with 5. troopes more , and 2. troopes of dragoones advanced towards warwick bridge , to receive the scottish ●ockies , which accordingly they did ; for about 2. miles on this side the bridge , a party of the scots horse ; and 4 companies of foot , were drawn up in a close , and stayed only for orders , their horse who gave the allarm , retreated another way , so that they had not the least notice of our coming , but upon our near approach , they cryed out , horse horse , arme arme ; but notwithstanding all their preparatives , our dragoones dismounted , and got the hedge , and the english ground ; they fired again , and kept their ground , and after a sharp dispute , and furious conflict gallantly maintained on both sides , we gained ground , and beat them out of the field , where they first charged us , they be took themselves to another field , ( the sence thereof being only supported by a small stone wall ) breast high , where they fired very resolutely , but our dragoones pursued , and made way for the horse over the wall , which the scots perceiving , betook themselves to flight , our men pursued them 2. fields , but by reason of fresh supplyes coming to them , made good their retreat , with little losse . in this conflict we lost about 8. men of the enemies , we found dead in the place above 20. who might easily be discovered by their gray shootes and blew bonnets . it s said that lieutenant col. hames , and major ennis , who commanded in chiefe , were mortally wounded , for ndeed they fought resolutely , charging three times through our body of horse , a gallant break-fast at their first coming ; this action happened upon sunday morning last about 2. of the clock in the morning , the armies of duke hamiltons are marched on this side carlile ; the said duke entered england with about 9000 horse and foot , about 50. troops , and 70 companies , their horse not so big as ours in england , excepting those brought thence , there were not so many at the randevouz at dunfreese , but more came up , there are very few much affected to the cause , and therefore escape as fast as they can back , which being foreseen , necessitated a degree of raising continually , the cannon was not come up , nor was there much need , for though speed was made to get upon english ground , yet is it not like they will advance far before they have setled garisons in barwick and carlile ( according to the large treaty ) which are to be delivered up to them , & out come the english to joyn with sir marmaduke langdale , and so there will be ● . armies : the scots forces are come as farre as roase castle , a fine house belonging to the bishop of carlisle , and 5. miles on this side the city , but now burnt down because not tena●ble . major gen. lambert lies at perith about 12. miles from carlisle , and seven from the scots , from which place he intends not to budge , expecting 600 horse and dragoones daily , who came from wales by the way of chester , also what yorkshire can afford , the magistrates of barwick sent to scotland ( and it 's like carlisle will do the like ) to know what terms they should have if the scots garison come in : sir iohn morley being escaped from london , is a gallant golden man in scotland , as any covenanter of them all , and is now with the duke , the kingdome of scotland generally disaffected to this war , the ministers speake broad and say , the divill is gen. d. hambleton is but lieutenant gen , and that he nevr prospered in any undertaking and they hope he will not in this , and they have a strong faith that way , the royall english say , get they their ends , the seots shall be little the better for comming into england . two troopes only left in those parts , all the rest gone to lambert , the letters which were interchanged between duke hambleton , and major gen. lambert , being the harolds that past before enterance may not unfitly follow . perith iuly 16. 1648. noble sir . the parliament of the kingdome of scotland , upon consideration of the great danger eminent to religion , his majesties sacred person , and the peace of this kingdome , from the prevailing power of sectaries & their adherents in england , did lately send to the honourable houses of parliament such demands , as they conceive just and necessary , whereunto not receiving any satisfactory answer and finding the danger still increasing , and great forces drawne together upon their borders . the committee of the estats of parliament have thought fit to lay thei● commands upon mee , with such other noble personages as they have joyned with mee in this service for prosecuting their just desires in pursuance of the ends of the covenant , according to the joynt declaration of both kingdomes , 6. jan 1643. and 1644. for setling religion liberation his majestie from his base imprisonment , freeing the honourable houses from such constraint , as have been by forces long upon them , disbanding of all the armies whereby the subject be free from the intollerable taxes and quarter which they have so long groaned under , and for procuring the settlement of a sollid peace , and firme union betwixt the kingdomes under his majesties gogovernment . these being the true intentions and desires of the kingdome of scotland who will most faithfully observe on their part their engagement by government and treaty to their bretheren of england ; except you will not oppose their pious , loyall , and necessary undertakings , but rather joyne with them as the prosecution of their ends . i shall desire that the bearer , my trumpter , may not be long kept , but returnd with your present and possitive answer , that accordingly i may move as i am commanded . sir . i am your servant , j. hambleton . a●an july 18. 1648. to his excellency duke hamilton , and generall of all the scotish forces by sea and land . my lord , i received a letter from your lordship , by your trumpet , which mention that the parl. of scotland ( having upon consideration of the danger to religion , his majesties person and kingdoms , sectaries in england ) addrest themselves to to the parl. of england for redresse , and have not received a satisfact●ry answer therein , to which ( my lord ) i shall not take upon me to give an answer , seeing the late ordinances concerning the settlement of religion , their sundry addresses and propositions tendred to his majesty in order to the peace and wel being of his kingdoms are published , and laid open to the view of the whole world , and which i doubt not but are well known to your lordship . to what your lordship mentions concerning the encreasing of danger by the drawing of some forces upon the borders of scotland , i can more fully answer , having the charge and conduct thereof , by commission from his excellency the lord fairfax , and have his positive command to be most tender in acting anything , such might give any seeming occasions of offence to our brethren of scotland , which commands i can confidently say i have hitherto most consci●ntiously and punctually observed , and further that i do b●lieve it never entred into the parliament or his excellencies thoughts to act any thing prejudiciall or harmfull to the kingdom of scotland ; and what the true reasons are which do occasion the drawing of these forces so neare the borders , i shall not need to mention : all men knowing it to be for the suppressing of sir marmaduke la●gdale and his adherents , who are many of them papists ; and grand delinquents , and are lately risen in rebellion against the parl. and have ever and still are notorious opposers of the ends of the covenant , according to the joynt declaration of both kingdoms 6. ian. 1648. for setling religion , his majesty in his due rights and prerogative , and for the procuring a firme peace and union betwixt both kingdoms . signed i. lambert . joyfull newes from kent . endired sir , the tide is now turned , our countreymen begins to thwart the sands ; for upon the intelligence of the duke of yorks landing with an army from holland , and the scots coming into england , they resolved to adhere to their late principles , and to stand for the defence of the liberties of their unconquered nation , and have declared their joynt resolution to oppose all forces whatsoever that shall endeavour to make an inroad within the bowels of this county , to disturb the peace thereof , being resolved to display their banners , in opposition to the van of the new raised royalists . waymer castle july the 20. 1648. fjnjs . the humble petition of the commons of kent, agreed upon at their generall assizes, presented to his majestie the first of august, 1642 with certaine instructions from the county of kent, to mr. augustine skinner, whereby the desires of the said county may be presented by him to the honourable house of commons : with his majesties answer ... this fourth of august, 1642. this text is an enriched version of the tcp digital transcription a45018 of text r18106 in the english short title catalog (wing h3495). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 15 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a45018 wing h3495 estc r18106 12167268 ocm 12167268 55348 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a45018) transcribed from: (early english books online ; image set 55348) images scanned from microfilm: (early english books, 1641-1700 ; 816:7) the humble petition of the commons of kent, agreed upon at their generall assizes, presented to his majestie the first of august, 1642 with certaine instructions from the county of kent, to mr. augustine skinner, whereby the desires of the said county may be presented by him to the honourable house of commons : with his majesties answer ... this fourth of august, 1642. charles i, king of england, 1600-1649. england and wales. sovereign (1625-1649 : charles i) [2], 12, [2] p. printed by robert barker ..., york : 1642. reproduction of original in duke university library. eng kent (england) -history, local -sources. a45018 r18106 (wing h3495). civilwar no the humble petition of the commons of kent, agreed upon at their generall assizes. presented to his majestie the first of august, 1642. with [no entry] 1642 2492 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2005-10 tcp assigned for keying and markup 2006-01 spi global keyed and coded from proquest page images 2006-03 john latta sampled and proofread 2006-03 john latta text and markup reviewed and edited 2006-04 pfs batch review (qc) and xml conversion the humble petition of the commons of kent , agreed upon at their generall assizes . presented to his majestie the first of august , 1642. with certain instructions from the county of kent , to mr. augustine skinner , whereby the desires of the said county may be presented by him , to the honourable house of commons . with his majesties answer to the aforesaid petition . at the court at york , this fourth of august , 1642. york : printed by robert barker , printer to the kings most excellent majesty : and by the assignes of john bill , 1642. to the kings most excellent majestie . the humble petition of the commons of kent , agreed upon at their generall assizes . most gracious soveraign , we do , with all thankfulnesse , acknowledge your great grace and favour towards us , and the whole kingdom ; in passing many good laws for the benefit of your subjects , in promising to ease us of all our grievances ; and graciously inviting us by your letter directed to the judge of our assize , full of love and care for your peoples good , to petition for redresse of them , promising a gracious answer ; and we should with all humility have presented them to your majesty at this time , did not the present great distractions and apprehension of a civill war ( which we earnestly pray to god to divert ) put us beyond all thought of other grievances . for prevention whereof , we have with all loyalty of heart to your sacred majesty , with all love and faithfulnesse to our country , presented our humble advice in certain instructions , to one of our knights of the shire now here present with a committee from the house of commons , to be presented by him to that honourable house : the copy whereof we make bold to annex unto this petition . most humbly desiring your most excellent majestie , that if it shall please the houses of parliament to satisfie your majesties just desires in these particular , that then your majesty would be graciously pleased , to lay down your extraordinary guards , and cheerfully meet your parliament , in such a place where your sacred majesty and each member of both houses , may be free from tumultuary assemblies . and as in all duty bound , we shall dayly pray for your majesties long life , and prosperous reign over us . instructions from the county of kent , to master augustine skinner , whereby the desires of the said county may be presented by him to the honorable house of commons . whereas a committee from the house of commons is now sent down to the assizes , upon a credible information ( as they say ) that something should be done to the disturbance of the peace of this county . we , the commons of kent , require you master augustine skinner ( as our servant ) to certifie to that honourable house , that you found the county in full peace , and that there is no ground for any such information , and that you desire , in our names , to know the particulars of that information , ( of which it seems you are ignorant , and the informer ) that this county may have full reparations in honour against so scandalous an aspersion cast upon them ; and that the informer , of what quality soever , may receive condigne punishment . and that the house of commons may understand our desires , not only to preserve the peace of this county , which ( with gods blessing , and the help of the good known laws of this kingdome ) we are confident we shall maintain , but also of the whole kingdome , being now in so great a distraction , that every man stands at a gaze , to see what the event is likely to be , and well weighing what a great fire a small spark may kindle ; abhorring and detesting the thought of a civill war : we farther require you to offer our humble advice , as faithfull and loyall subjects to his majesty , and good patriots and lovers of our countrey , for setling the distractions of these times . one principall meanes to effect it , we conceive will be to give his majesty full satisfaction in his just desires , in these foure particulars . 1. in presently leaving the town of hull in the same state it was before sir john hothams entrance into it ; and delivering his majesty his own magazine . 2. in laying aside the militia , untill a good law may be framed , wherein care may be taken as well for the liberty of the subjects , as the defence of the kingdom . 3. that the parliament be adjourned to an indifferent place , where his sacred majesty , all the lords and members of your house of commons may meet and treat with honour , freedom , and safety . 4. that his majesties navie may be immediately restored to him . our reasons are these . 1. for withdrawing your garrison out of the town of hull , we are perswaded your fears and jealousies of forraign forces , of french , or danes , or of the papists at home ( an inconsiderable party , especially being disarmed ) are long since vanished , the magazine or a great part of it being removed to london , we conceive master major of hull may safely keep the town as before . 2. for laying aside the militia , we are free from jealousies of forraign forces , so that you may have time enough to frame a lasting law , which notwithstanding , for feare of inconvenience to the subjects liberty , you may , if you so think fit , make the law a probationer . besides , his majesty , if occasion should be , is vested with sufficient power to raise forces for the defence of the kingdom , for which onely we are confident his majesty will employ them . and we should hold our selves worse then infidels , if , after so many protestations to maintain the true religion by law established , the subjects in the liberty of their persons and propriety of their goods , and the priviledges of parliament , and that he will govern us by the known laws of the land , we should not with full assurance , beleeve in him and confide in him . 3. for adjourning the parliament to another place , his majesty hath expressed the reasons , that he was driven away by tumultuary assemblies , and that he cannot return thither with honour and safety : and divers of the lords are absent , who promise to return back to the house , when they may sit with the liberty , and that condition that the peerage of england formerly have done , secured from all menaces , or demanding any account of their particular votes ; which we conceive to be against the freedom of parliament , which by our protestation we must maintain , and from tumultuarie assemblies : these having been the occasions , as we beleeve , that of neer five hundred in the house of commons , there are but about one hundred and forty left to sit there , and the greater part of the lords gone away . 4. for the restitution of the navie , our reason is , that the neighbour nations do take notice , that his majesties navie is detained from him , which if not suddenly restored , may turn to his majesties dishonour , whose honour , by our protestation , we are bound to maintain . another means , we conceive , to settle the states and minds of the subjects , is a free , generall , and large pardon : which since his majesty hath so graciously offered we desire and expect to receive , and if any man do dislike it , he may be excepted , and the generality of the subjects not hindred of their good , and his majesties grace and goodnesse . his majesties answer to the humble petition of the commons of kent , agreed upon at their generall assizes , and presented to his majesty the first of august . at the court at york this fourth of august , 1642. his majestie hath with great satisfaction in the loyalty and affection of the petitioners considered this petition , with the instructions annexed to their knight of the shire , and hath expresly commanded me to return this his answer , in these words : that the petitioners are not more eased and satisfied with the good laws his majestie hath passed , then his majestie himselfe is pleased with that way of obliging his subjects , neither hath he ever made the least promise or profession of repairing or redressing the grievances of his people , which he hath not been , and alwaies wil be ready to perform . his majestie cannot blame the petitioners to be apprehensive of a civill war , since the present distractions ( grounded upon no visible cause , to which his majestie could , or can yet applie a remedy ) threaten no lesse confusion . but his majestie doubts not , that the petitioners and all his good subjects , do well understand , that his majestie hath left no way unattempted , which in honour or wisdom could be consented to , to prevent that confusion . that after so many injuries and indignities offered to him , so many combinations and conspiracies against him , he departed so much from his own majestie , and the justice due to it , that he required no other reparation , then to have his town , goods , and navie ( taken and kept by violence from and against him ) to be restored to him : the power of making laws without him , by the way of ordinances ( and that in particular , concerning the militia ) to be disavowed . and that a safe place might be agreed on , where he might be present with his great councell , for the composing all misunderstandings , and making the kingdom happy . that before any answer returned to his majestie ( whil'st with all patience and hope his majestie forbore any action or attempt of force , according to his promise ) sir john hotham issued out of hull in the night , burned the houses , and murthered the persons of his fellow subjects ( though he knew his majestie quietly expected an answer to his reasonable and necessary demands ) and hath since exercised most barbarous cruelty upon a drummer then taken prisoner by him . that those propositions made by his majestie , and mentioned by the petitioners , in their instructions , are dissented from , and his majestie not suffered to enjoy what is as unquestionably his own , as any thing his subjects can call most theirs , upon pretence there is some trust on foot to dispossesse his majestie of them : whether any such trust be derived from the petitioners : themselves best know . that a generall is made to command his subjects against him , and forces already marching with canon towards him , under the conduct of the lord brook , whil'st all labour and endeavour is used , to cut off all succour and supply from his majesty , as from a forraign enemy . when the petitioners , and all other his majesties subjects have weighed this , and considered that these strange unheard of proceedings must be the effects of desperate resolutions , and that all this calamity is brought upon this nation , to wrest from his majestie his just rights , when no sober man can see the want of any thing which is in his majesties power to grant , and necessary for the peace and full happinesse of the kingdom . that when all encouragement is given , scandals raised , and provocations used to incense the people against his majesty , and to publish petitions and declarations against the known laws and established government : the petitioners , and all other his majesties good subjects ( who out of a true sense of the distraction and ruine the commonwealth must speedily fall into through these distempers have prepared sober and moderate petitions and animadversions for the peace of the kingdom ) have been discountenanced , censured and imprisoned in a lawlesse arbitrary way , when no offence have been committed by them , of which the law hath taken notice : that all their rights , interests , and priviledges , which they were born to , by the good known lawes , are taken from them , or subjected to an unintelligible arbitrary power and resolution , which destroyes their confidence and assurance even in innocencie it self ; they will think it time to provide for their own security , by assisting his majestie for the defence of his person , preservation of the true protestant religion , and maintenance of the law of the land , and liberty of the subject ; of the which , as the petitioners care is very eminent , and deserves all protection , thanks , and estimation from his majesty ; so his majesty will venture his life and his crown with them , in that quarrell . lastly , least any of the petitioners may unjustly suffer for making or presenting this humble , dutifull , and modest petition to his majestie ; his majestie declares , that he will with his utmost power and assistance protect and defend them against any power whatsoever , which shall question them for so doing ; and to that purpose advertiseth them , that they are not obliged to yeeld obedience to any pursuivants , sergeants , or messengers , who shall endeavour to molest them for doing their duty , and discharging their consciences therein . and that the whole county of kent may know his majesties gracious acceptance of this expression of their duty and affection unto him : 't is his majesties pleasure , that this his answer , together with the petition and instructions , be read in all the churches and chappels of that county . falkland . finis . chartham news: or a brief relation of some strange bones there lately digged up in some grounds of mr. john somner's, of canterbury: written by his brother, mr. william somner, late auditor of christ church canterbury, and register of the archbishops court, there; before his death. somner, william, 1598-1669. 1669 approx. 24 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-09 (eebo-tcp phase 1). a60893 wing s4662 estc r221589 99832885 99832885 37360 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a60893) transcribed from: (early english books online ; image set 37360) images scanned from microfilm: (early english books, 1641-1700 ; 2061:16) chartham news: or a brief relation of some strange bones there lately digged up in some grounds of mr. john somner's, of canterbury: written by his brother, mr. william somner, late auditor of christ church canterbury, and register of the archbishops court, there; before his death. somner, william, 1598-1669. [4], 10 p., 1 leaf of plate printed for t. garthwait; london : mdclxix. [1669] reproduction of the original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dental anthropology -early works to 1800. archaeology -england -kent -early works to 1800. kent (england) -history -early works to 1800. 2003-04 tcp assigned for keying and markup 2003-05 apex covantage keyed and coded from proquest page images 2003-07 jennifer kietzman sampled and proofread 2003-07 jennifer kietzman text and markup reviewed and edited 2003-08 pfs batch review (qc) and xml conversion chartham news : or a brief relation of some strange bones there lately digged up , in some grounds of mr. john somner's , of canterbury : written by his brother , mr. william somner , late auditor of christ church canterbury , and register of the archbishops court , there ; before his death . london , printed for t. garthwait , mdclxix . to the reader . kind reader , the author of this short discourse , even whilest he was upon it , and had scarce read it over himself , was seised upon , first by sickness , then death , the common fate of all men . if therefore there be any thing amiss , or imperfect in it ; it would be great unkindness , to impute it to him , who by such unavoidable necessity , was prevented the benefit of a review ; and no less unkindness perchance , though more tolerable , to blame him , who , as out of a due respect to the author ; so , out of a desire to gratifie them , ( not a few probably ) who may desire to satisfie their curiosities , or improve their knowledge , in such things ; hath published it . farewel . i. s. news from chartham , in kent . although it may , and perhaps must be granted , that miracles ( strictly understood ) are long since ceased : yet in the latitude of the notion , comprehending all things uncouth and strange , ( miranda , as well as miracula ; wonders , as well as miracles ) they are not so : but do , more , or less , somewhere , or other , dayly exert , and shew themselves . dies diem docet . new days , make new discoveries ; especially to such , as are in any measure , curious , ( shall i say ) or ingenious , and inquisitive ; as few enough amongst us here in england are , unless acted and animated by some profit , or advantage to themselves by the discovery ; how considerable and remarkable soever it may be otherwise . 't is true , new lights , are now adays much cried up : but as in matters ( mostly ) of religion ; so ( if you mark it ) by whom ? but such , as not so much for conscience , as for lucre-sake , broach and obtrude them upon a credulous giddy sort of people , whose applause they first catch , and then , their purses . but leaving these spiritual mountebanks , and their counterfeit ware , new lights only in pretence ; i shall here acquaint you with a piece of new light indeed , but of another kind , presented and held forth upon no account , or aim at all of profit , or advantage to the publisher ; but ( if he mistakes not ) of good use and profit ( in point of knowledge ) unto others , ( learned antiquaries , and naturalists , as i suppose ) of more skill , insight and judgment , ( if they please to employ them on this occasion ) in things so rare and extraordinary , then he can , doth , or would be thought to pretend unto . well , to the matter of fact then . mr. john somner , in the moneth of september , 1668. sinking a well at a new house of his , in chartham , a village about three miles from canterbury , towards ashford , on a shelving ground , or bankside , within twelve rods of the river , running from thence to canterbury , and so , to sandwich haven ; and digging , for that purpose , about seventeen foot deep , through gravelly and chalky ground , and two foot into the springs ; there , met with , took , and turned up a parcel of strange and monstrous bones , some whole , some broken , together with four teeth , perfect and sound , but in a manner petrified , and turned into stone ; weighing , ( each tooth ) something above half a pound , and almost as big ( some of them ) as a mans fist . cheek-teeth , or grinders , as to the form , they are all , not much unlike , but for the bigness , the grinders of a man. and whereas i said , almost as big , some of them , as a mans fist : it brings to my remembrance , what i have read in ludovicus vives , of such a tooth , but a little bigger ; ( dens molaris pugno major ; he saith : that is , a cheek-tooth , bigger than a fist ) which was shewed to him for one of st. christophers teeth , and was kept in a church , that bare his name : which whether he believed , or not , i know not : but contradict it , he doth not , i am sure ; neither he , nor his learned companion , whom he doth name there . just such another tooth of the bigness , he saith , of an ordinary fist , was seen by acosta , ( a very creditable author ) in the indies , digged out of the ground , in one of their houses there , with many other bones ; which put together , represented a man , of a formidable , or as he speaketh , deformed bigness : or , greatness : as he judged of it . and so must we have judged of these teeth , and of the body , to which they belonged ; had not other bones been found with them , which could not be mans bones . some that have seen them , by the teeth , and some other circumstances , are of opinion , that they are the bones of an hippopotamus , or equus fluvialis ; that is , a river-horse ; for a sea-horse , as commonly understood , and exhibited , is a fictitious thing . yet pliny makes hippopotamum , ( mari , terrae , amni communem ) to belong to sea , land and rivers . but what are the differences and properties of each kind , i leave to others to inquire . the earth or mould about them , and in which they all lay , being like a sea-earth , or fulling-earth , not a stone in it , unless you dig three foot deeper , and then it rises a perfect gravel . so have you the story , an account , if you please , of what was found , where , when , and upon what occasion . for more publick satisfaction , and to facilitate the discovery ; at least , to help such , as are minded to employ their skill in guessing and judging of the creature , whose remains these are , what it was for kind ; we have by , and with the help of an able limner , adventured on a scheme , or figure , of several of the teeth and bones , with their respective dimensions , of breadth , length , and thickness . no man , we conceive , not willing to be censured of rashness , will be very forward to divine , much less to define or determine , what the creature was ; and doubtless dubious enough it is , whether of the twain , the sea , or the land may more rightly lay claim unto it . but leaving all others to the freedom of their own judgments and conjectures ; if he may have the same liberty from them for his , who as he knows the place , with the country about it , hath taken a large time of consideration of all particulars and circumstances fit to be duly and deliberately weighed and observed in the case ; he would adventure to conjecture it to be some marine , or sea-bred creature , to which the land can of right lay no claim . but admitting that ( supposing it , i mean , a sea-bred creature ) how then ( will some say ) should it possibly come there ? piscis in arido ? and at such a depth under ground too ? i answer , first , with as little wonder , as a land creature should , which who with reason can imagine to have ever had at first so deep a burial ? next i say , the mould , soil or earth , wherein it lay , was altogether miry , like to that coenum ( oase , some call it ) on many parts of the sea coast , both in england and abroad . but how possibly ( will it be said ) a sea creature , when found at so remote a distance from the sea ? for solution ( if it may be ) of this , and the like incidental doubts , and removing all rubs out of the way of this conjecture ; our future discourse and further progress in this argument , shall branch it self out into these four following queries . 1. whether the situation and condition , face and figure of the place may possibly admit of the seas once insinuating it self thither ? 2. whether ( that possibility being granted , or evinced ) the sea did ever actually insinuate it self so far as to this place , and when ? 3. how in probability , and when this valley , or level being once sea land , should come to be so quite deserted and forsaken of the sea , as it is at this day ; the sea not approaching by so many , a dozen miles , or more . 4. by what means , the sea once having its play there , this creature comes to lodge , and be found so deep in the ground , and under such a shelving bank . 1. as for the first ( the places capacity and aptitude for the seas influx , or insinuation ) such as know the situation , withal cannot but know , and must agree it to be so . as for strangers , and such as are unacquainted with the place , for perfecting their information in what either the common maps , or a particular scheme and draught of the level , herewith intended , may chance to be defective in ; they may please to know , that the place ( the locus loci ) we are upon , is a part of that wide , fair and fruitful level , or valley , extending it self not less than twenty miles in length , between a continued series and range of hills , downs , or high grounds , lying at a pretty equal distance each from other all the way ; beginning at the east-kentish shore , and stretching it self , westward , by sandwich , fordwich , canterbury , chartham , chilham , godmersham , wy , ashford , sometime in a direct , sometime in a winding course , as far at length , as to that famous spacious level of romney-marsh , and is washed and watered all along , at least from about ashford , by a sweet and pleasant river running through the midst of it , as far as to sandwich , and there by the creek , or haven , emptying it self into the sea : nothing at all of obstruction , by the interposition of hills , or high grounds , hindring , or controlling the seas free play and passage for so many miles together . the place then , with the parts , the tract above and below it , from the condition , or constitution of it , is plainly not unapt or uncapable of the seas insinuation and influence . if any shall object , canterburies being in the way , as an obstruction , or bar ; they are easily enough answered . for although that city seemeth , and indeed is , at this day , for the most part somewhat elevated above the pitch of the rest of the valley or level we are upon ; yet not so much , as to desend it self many times from flouds , and overflowings in the lower , and most depressed parts of it , even by the springs it stands upon , to her great damage and annoyance : towards the helping whereof , by the care and providence of former ages , it is very certain , and by digging wells , vaults , cellars and the like , dayly experimented , that the most part of the city , not excepting the very heart and center of it , is made and raised ground ; the tokens of foundations upon foundations , to a very considerable depth , daily appearing , and the ground ( as at amsterdam , venice and elsewhere ) for supporting superstructures , in several places often stuck and stuff'd with piles of wood , or long poles and stakes , forced into the ground , as wells and cellar-diggers have inform'd me . nay , and as if where about now the bull-stake market-place is kept , the river had sometime had its course or current , pits and otherlike tanners utensils , have , not many years since , been met withal in digging for cellars thereabouts . to this let me add , that my very next neighbour in castle-street , within these thirty years sinking a cellar , did at a good depth ( five or six foot deep ) light upon , and was put to some stop and stand , in his work , by a strong and well couched arched piece of roman tile or brick , which he was fain to take , or break asunder , and remove , before he could proceed . hereof i wàs an eye witness , and ( for curiosity sake ) took one of the bricks or tiles to my self , which with some other like roman remains ( some found in that , which is my own garden ) i keep by me to this day . however then , canterbury may now seem to stand in the aestuaries way ; yet time was , when in probability it did not ; when i mean the place , the soil which now the city occupies , as the rest of the whole valley both above and below it , was of too low a pitch , to be an obstacle to it . 2. as to the second enquiry , ( whether probably the sea did ever actually insinuate it self so far as to this place , and when ) the answer is nothing so easie : record of it , we have none . the best and eldest account we have now of the condition , scite and constitution of these our eastern parts and tract , we owe to julius caesar , and the romans after him : from whom ( alas ) we have not the least spark of light to such a discovery : rather indeed the contrary ; both the sea-coast , and in-land parts , by his , and their relation ; bearing in a manner one and the same face and figure then , as now . however , that the level we are upon , was sometime an aestuary , or arm of the sea ; several criteria , or tokens , are not wanting . for example ; besides what may be argued and inferr'd from this parcel of strange teeth , and bones now under consideration ; much ( as i conceive ) there is of probability for it , resulting from our rivers name of stoure , more anciently , not seldom both called and written aesture , esture , &c. which i doubt not to proceed and come from the latin aestuarium , and in process of time to have been corrupted and contracted into sture and stoure ; giving name in part to stourmouth , a place ( a parish ) about six miles eastward from canterbury ; so called from the rivers disimboying there into the sea , or salt-water , flowing up thither : as also giving name to that mannor of the archbishops ; at this day , and for some ages past called westgate-court , at canterbury ; but more anciently , as in the conquerors time ( witness domesday-book ) called , the mannor of esture and esturesaete , from its situation by the sture or stoure . from which occasion doubtless , the late lord finches seat in — about five or six miles nearer to the spring head , at this day vulgarly miscalled , east-steward ; is of old sometime called esture , sometime aet-sture . from saxon monuments and records i could easily trace the name up to a very high date , by many examples . but to leave that , and proceed to other criteria ; as by the teeth and bones now under consideration , we have an instance on that side of the valley for the probability of the seas quondam occupation of it ; so i shall give you here another no less remarkable from the other , or opposite side of it . by credible relation and assurance then you may know , that at a place called westbere , an obscure village , about three miles from canterbury , eastward , lying under the brow of the hill stretching out by upstreete , as far as to the west end of sarr-wall , by which you make your entrance into thanet ; upon the like occasion to that here at chartham , ( the digging , or sinking of a well ) at a very great depth , store of oyster and otherlike shells , together with an iron anchor , f●rm and unimpaired , were found and turned up in our time . the like i have been told of an anchor in our days digged up at broomedowne , on the same side of the level somewhat above canterbury , westward . and although i can at present instance only in these few on either side the valley ; yet happily upon enquiry other might be found for confirming our conjecture . and i shall desire and hope , that every ingenuous person will so fat oblige and incourage me , as upon this overture to help me in this research and scrutiny , by imparting to me , what either of his own knowledge , or credible relation from others , may conduce towards so noble a discovery . 3. mean time let us entertain our selves with our third query , and see if happily somewhat may not thence result adminicular and suppletory to what may be defective and wanting in the former . our third query now is , how in probability , and when this valley or level , being once sea-land , should come to be so quite deserted , and forsaken of the sea , as it is at this day , the sea not approaching it by so many , a dozen miles , or more ? in answer whereof , i must needs say and grant , that in case this level were once sea , an aestuary i mean , or arm of it ; so very long it was ago , as we may not reasonably think , that canterbury ( whether as a city , or never so mean a pagus , or village ) was then in rerum natura , or a place inhabited ; which happily it may have been , if not as long as julius caesars days , yet undoubtedly , not longafter . for an account we have of it ( as of some other places in kent ) in the romans time , both from ptolemy the geographer , antoninus itinerary and elsewhere . now ( as was hinted erewhile ) elder records either of kent , or of britain that we may confide in , as authentick ; we have none that i know of , before the romans time : no written credible evidences to help us in this scrutiny . we must therefore either sit us down , and rest contented to throw off all further inquiry , or else cast about for information as we can . such as are for this latter , will tell you , that the world ( all know ) is very aged , many thousand years old , and that many and manifold are the alterations , changes and mutations , which time hath made in several parts and quarters of the world , to the notice and discovery whereof , no written record , or unwritten tradition at this day , can reach or direct us ; tradition it self ( longer liv'd many times than any written evidence ) failing us for age . of such a nature they conceive may this of the aestuary be , so very ancient , as time hath quite worn out the memory of it ; withdrawn all light from us , that might conduct us in the scrutiny , and left us as men in the dark , without either vola , or vestigium , to stumble out our way , and rome and ramble at uncertainties . such a one happily shall he be thought , that adventuring to conjecture at the reason and occasion of the seas recess here , with an absolute valediction to the place of its wonted resort , shall pitch upon the seas breaking , bursting and cleaving asunder that isthmus , or neck of land , between gaule and britain , rendring the latter of the same continent with the former , such things ( t is certain ) have hapned elsewhere . thus ( saith seneca ) hath the sea rent spain , from the continent of africk . thus ( as he adds ) by deucalions flood , was sicily cut from italy . more instances of this kind may be found in mr. cambdens cantium , and elsewhere . and although there be no certain evidence of such an accident here from ancient either historians , or geographers ; yet is the thing so strongly and rationally argued , by him especially , as by verstegan also , twine and others before him ; and the conjecture back'd with such plenty of pregnant and probable criteria , by the former ; that what others may think i know not ; but were i of the jury , i should more than incline to concur with them , who would find for the isthmus . especially , when to the plenty of arguments mustered up by mr. cambden , i shall have contributed this one , by him and the rest omitted , which is , that by a received constant tradition , romney-marsh , that large and spacious level , containing ( saith mr. cambden ) fourteen miles in length , and eight in breadth ; was sometime sea-land , lying wholly under salt-water , and is therefore of some not improperly called , the seas gift ; which having , when time was , forsaken it , and withdrawn his wonted influence from it ; the place thereupon became and continues firm land. and if i may guess at the time and occasion of both that , and our canterbury levels recovery and riddance from the sea , i shall ( for my part , with submission to better judgments ) be apt to pitch upon that of the seas breaking through , and in time working and washing away that isthmus , between us and france . and then whereas before-time romney level ( which had and hath its stoures too , or aestuaria as well as ours ) and this other , not improbably ( no high lands , as we see , interposing for impeding their conjunotion ) were but one and the same level , and lay under the seas and salt-waters tyranny ; now both the one and the other ( the sea having so much more play and elbow-room , than formerly by cleaving asunder the isthmus ) were rescued from it , and of an aestuary , became such a rich and noble valley , or level , as is second to none ( i take it ) in england . i am resolved to keep home and conceive my self no further concerned than in our own level . but if from hence any other shall take an hint to consider of the nether-lands , or low-countries , and enquire whether those in whole , or in part , may not have arisen out of , and been gained from the sea , by the very same occasion , which is here conjecturally assigned for our kentish low-lands ; i shall not at all wonder at it , thinking it ( for my part ) a task not unworthy a learned , judicious , sober undertaker : and were i as much concern'd , and as well instructed there as here , i should not know how to purge my self of negligence , if i did not undertake it with the first . 4. to come , at length , to the fourth and last of our queries , by what means the sea once having its play there , ( at chartham ) this creature comes to lye and be found so deep in the ground , and under such a shelving bank ? my answer is , that supposing this with the rest of the level or valley once occupied by the sea , or salt-water , that being a creature which by fluxes and refluxes always is in motion , and thereby in time beating upon and working itself into the bank , or rising ground there , might at length so far undermine , eat into , and loosen it , as to fetch down so much mould , or earth upon , or over the place , as might lodge the creature at so great a depth . or else perhaps , the continual agitation of the water might in time force , drive up , and cast over it , that great quantity of ouse , earth and other matter under which it lay . by the way , it is observed that the nature of the soil here and there , is such , so loose , supple , rotten , and sandy , that meerly of it self , it is apt to sink and fall in ; as was lately experimented by a saw-pit , digg'd hard by , which after a little time by the earths giving way on each side of it , fell in , and fill'd up it self . thus have you ( gentle readers ) our chartham news , or discoveries with the circumstances , and the use my little skill will serve me to make of them , in point either of history or geography . arcana they are , but whether tanti ; whether i mean , grateful , or useful to the publick , is left to the judicious antiquaries , naturalist , &c. who are desired to take the matter , where the historian hath left it . it hath been the finders care , and good will , as to preserve , so to expose and communicate what he hath found : and if at length , to this of the parts , and by them , a full discovery of the whole , by the skill and dexterity of the learned in the school , and secrets of nature , may be added , for the benefit of the common-wealth of learning ; both the finder , and relator will think their time and pains very well both bestowed , and recompensed . finis . the exact figure ( part of what the author intended , if he had lived ) of two of the teeth , is here set down at the end . a most true and exact relation of that as honourable as unfortunate expedition of kent, essex, and colchester by m.c., a loyall actor in that engagement, anno dom. 1648. carter, matthew, fl. 1660. 1650 approx. 271 kb of xml-encoded text transcribed from 134 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a34782 wing c662 estc r18227 12601498 ocm 12601498 64182 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a34782) transcribed from: (early english books online ; image set 64182) images scanned from microfilm: (early english books, 1641-1700 ; 347:3) a most true and exact relation of that as honourable as unfortunate expedition of kent, essex, and colchester by m.c., a loyall actor in that engagement, anno dom. 1648. carter, matthew, fl. 1660. [10], 214 p. s.n.], [london : 1650. attributed to matthew carter. cf. nuc pre-1956. place of publication from nuc pre-1956 imprints. print stained on p. 143-144 and 147 in filmed copy. pages 140-167 photographed from the bodleian library copy and inserted at the end. reproduction of original in harvard university libraries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng kent (england) -history -17th century. colchester (england) -history -siege, 1648. great britain -history -civil war, 1642-1649 -campaigns -sources. 2000-00 tcp assigned for keying and markup 2002-01 apex covantage keyed and coded from proquest page images 2002-04 tcp staff (michigan) sampled and proofread 2002-04 john latta text and markup reviewed and edited 2002-05 pfs batch review (qc) and xml conversion a most trve and exact relation of that as honourable as unfortunate expedition of kent , essex , and colchester . by m. c. a loyall actor in that engagement , anno dom. 1648. printed in the yeere , 1650. the authors letter to the publisher . to the truly noble , and my worthily honoured friend sir c. k. honoured sir , since through the calamitous , and dark distractions of these unfortunate times , i am thus ecclips'd , and linkt to an ill and duskie fate ; as by being cloyster'd in a dungeon , am debarr'd of that happy liberty that might allow me the wish'd-for opportunity of kissing your hands ; yet am i thus only cloyster'd , since though my body suffer a most severe and strict confinement , it rather addes to the liberty of my soul , and makes it expatiate it selfe with a greater freedome ; and so i am alwayes waiting on you , though not to your apprehension , yet with my better genius ; and though not as an angell guarding you , yet still attending the illustrious throne of the all-powerfull majesty in my wishes , and prayers for you . and that you may not onely know the reality of my soul , but the command also you have over it ; i have adventured to answer ( in my obedience ) your will , though perhaps not expectation , in sending to you , with this my account of colchester ; by which you shall only understand i stood not there as a dumb cypher , though not as a very eminently active figure : other honour to my self i dare not appropriate by it , but am content ( chusing ex malis minimum ) to lay open to your serious scanning my greatest imperfections , rather than adventure the hazard of falling under the censure of ingratefull disobedience ; hoping your charity will extend to a courteous reception of my imbecillities , because cloathed with as cheerfull endeavours ; in which garb they humbly thus come to waite on you , having for attendance onely this serious request : that your own eyes alone may be made witnesses of their nakednesse . for though i know that truth ( which i assure you here really is , and nothing else ) need not be abash't who ever she meet with , she is naturally of her self so beautifull , and never was more than in this service : yet i am sensible enough how grosse an absurdity it is for any man to send her abroad in vile , and ragged unshapen garments ; of which i must acknowledge my self too much too guilty to expect a justification when i shall appear at the bar of a judicious examination ; but therefore suffer under the condemnation of a just and weighty censure . which i might the more seriously expect , were it more exactly done , should it come to the publick stage , since i have been inform'd , and made it my observation too , how the honour of that unparallel'd action is dayly crucified , with a confusion of monstrous , and prejudiciall opinions , almost metamorphosing it into a prodigious disguise past knowledge . yet i have a little digressed as possible , knowing that many passionate historians transported with splean against tyrants , or too great a luxury in the glorification of those theyhonored , have imperfectly delineated the image of truth ; like aurelius a roman painter , who , when he was to draw the face of any image , alwayes made it to the resemblance of a woman that he most dearly affected . but i have confined my self to a strict-commentary of the reall passages ; and to adde more to your satisfaction , i have drawn my rise not onely from the first step of it's motion , but the cause that gave a product to that motion . by which means it must prove something more tedious to you ; yet if your patience shall so far sympathize with my desires , as my obedience hath done to your will ; and at some intermisse times permit you to run it over : you shall not only receive the benefit of satisfaction to your own phancy in requitall , but a knowledge to give the like to others that you shall finde unresolv'd , and deserving , in it , and heap much of obligation and honour on your most entirely devoted , and humblest servant , m. c. to the reader . ingenious reader , ( for to none other doe i wish this may come ) not that i value any mans censure of the author , but because it is an age wherein truth is accounted diabolicall , and loyalty a treason unpardonable : and i may justly suppose some thick-skull'd separatist , or frothybrain'd ignoramus , whose customes are to criticize , because they would undervalue what they fancie not , as much as what they understand not , will be swarming about it with their hypocriticall censures to stifle it with an undeserving odium : but let not the so sloslovenly , and obscure birth of this off-spring of loyall zeale , any whit derogate from its worth in your opinion ; for you cannot but know , that many gallant pieces , and personages , have received life from as great an obscurity ; and truly i shall thus far apologize for it , ( though its deserts require not any ) read but the fore-going letter , ( not at all intended for what is now placed ) and you shall easily understand , that the authors will , and desire of not publishing it , as not intending it for the publike stage of the world , hath been the chiefest reason of it : having made it his request , as being diffident of its worth , that it might not suffer the danger of the presse . but i having raised a contrary reason , and far exceeding his for silencing , from the same grounds , thought it a greater evill to let so worthy a structure lye buryed in the wombe of perpetuall oblivion , when it had received so happy a conception , then to give it a lasting life , though by so obscure a birth . i cannot but expect that the so many legions of lyes , that doe every day oppresse the very presse it selfe , and tyre out mens fancies with their mutinous tumults upon the stage of the world , will be ever justling at so handsome and candid a piece of loyall truth , whilst the devill the father of lyes is so much adored , and christ that fountaine of honour and truth crucified and slandered every houre amongst us . but i am confident their power will never prevaile to beat it off , while there is yet a sparke of loyaltie left to light us through this dark chaos of atheisticall rebellion . that i am cautious of too plainly divulging its author , is , because otherwise there might much of inconveniency accrue to him for so bold a discovery of his conscience , ( being already in prison ) by the splenitick malice of some base-born phlegmatick dispositions ; whose stomacks are so full gorg'd with rebellion against god and his vicegerent , they can brooke or digest nothing that savours not of treason or disloyalty . these reasons being well weighed by any ingenious and loyall reader , will be sufficient . wherefore i shall urge no more , but desire all such , as they peruse , to draw examples of loyaltie from it , and pick not out more cautiously what they may more artificially convert to poyson , if not liked ; as it is too often seen : and let your constant endeavour ( who ere you be ) in the behalfe and service of your king , and country , exceed his if you can ; then censure and spare not ; so wishing all mens consciences as good and faithfull subjects to a sweet and glorious prince ought to be , reader i commit you to the protection of heaven so long as you are so , and bid you farewell . your friend as you censure mine , c. k. a most true and exact relation of that as honourable as unfortunate expedition of kent , essex , and colchester . upon christmas day , 1647. many gentlemen and others of the meaner ranke in the city of canterbury in kent , being religiously disposed to the service of almighty god , according to the liturgy and orders of the church , ( a hainous offence , i must confesse , in these times of reformation ) met at saint andrews church in the high street , where m. allday the resident minister of the parish preached to them a sermon answerable to the day ; a thing so much out of custome now , that we begin to forget even that christ was ever borne , as well as the celebration of his birth . and now this piece of orderly and christian devotion startled the consciences of the new saints , who enflamed with fiery zeale , began to make tumults in the streets , and under the church windowes , thinking thereby to drown the voice of the preacher : but it could not any whit discourage him from persisting in his holy and devout exercise . the sermon being done , the people began to flock more tumultuously together , so that the disturbance encreased very much ; by the meanes especially of the major , ( a man indeed knave enough , and i thinke as much foole , as appeares by this ) who walking through the streets purposely , would have forc'd some people to open their shops , and set out their wares to keep the market ( the day being saturday , and market day ) but he denying , and urging of it more seriously ; one man answering his commands with some words which he could not well relish , he strook him a blow in the face with his fist : making himself , by that means , the first ingager and instrument to the breach of that peace , which upon all occasions whatever , he was sworn to see kept and preserved . this made a greater distraction and hubbub in the city ; and many men throng'd together , and so mad they grew , that the mayors heeles were soon flung up , and all his worship thrown in the channell , he was afterwards glad to shift for his life , as he supposed . but one of the constables , by name and quality huse , a shoo-maker , a senior of the faction , ran hastily out with a pistoll in his hand ; and running up and down the streetes with aggravating clamours summons out his crue , who immediately tumbled out of their houses with their armes in their hands , and such mischievous weapons as first they could lay hold of , in such hast , they over powred all they met : among the rest , one white a barber , ( a man swell'd as full of ungodly schismaticall principles of rebellion as a toad with poyson ) standing in the street with a musket loaded , and his match ready cockt , meeting another man by chance stepping forth of his doore , as being inquisitive to understand the occasion of the tumult ; whom he knew to be one that fancyed not his humour , made not much dispute with him , but upon his questioning his standing in that posture , le ts fly at him , and shot him through the body , so that there was little hope of life in him . thus the businesse grew still to a greater height , and more people still flocked together , as it is alwayes seene in such mutinous broyles ; and many bickerings fell out in the streetes : but ere long those gentlemen , who ranged about as furiously at first , as herods souldiers in the infant martyrdome , began to slink , and were at last glad to betake themselves to their heeles , and every one to shift for himselfe . white being taken , was committed to custody into the towne goal , there to lie till he should receive the justice of the law for so horrid a villany . the other party being thus enraged , and incensed by so foul an affront , began to think of their owne security ; and knowing the malice of those they should most certainly have to do with , seized on the magazine of the town , and placed guards about at every gate of the city ; fearing that mischief which indeed afterwards came to passe , and might have been prevented , had they not thought themselves too secure . at last they grew something violent , and encreased to a very great number , till sir william man , master lovelace the councellour , and some other gentlemen , by an extraordinary industry had perswaded them to a quiet desisting from prosecuting those rash attempts which they boldly resolved on ; engaging themselves with the mayor , and master savin an alderman , and justice of peace , by articles drawn up , and signed between them , that no man should be molested or questioned for an thing that was done . upon this , they all quietly lay down their armes , and every man betook himselfe to his vocation , and particular habitation , which else might have produced greater matters both in that city and the whole county . about a moneth after , upon the instigation of the mayor , whose malice could not be appeased without revenge , by order of parliament came down col. husons regiment of foot from about london to quarter in canterbury ; who no sooner were settled in their quarters , but by order from the house they seized on sir will : man , master lovelace , m. savine , m. dudley wiles , and some other gentlemen ; and many poor men of the city also , and hurried them away to leeds castle neer maidstone , where they continued prisoners about two moneths , and more , till some of the poorer sort that had not where withall to subsist ( none daring to relieve them ) were wel nigh starved there , as their wives and families at home . at last , with some solicitation of the gentlemen to the house , by the mediation of the burgesses of the city , and some other of the deputy lieutenants of the county , who began to be a little touch'd with a sence of their abominable injury , procured so much favour as to have baile taken for their liberty , till they should be called upon to answer at the barre of their mock-justice for this high and unpardonable ryot of peace-making . this high favour being obtained , they all returned home ; but they were no sooner there , and scarce setled , but the mayor , out of his own power , having myrmidons enough then to maintain him in any thing , though never so ignoble , wicked , or unjust , ( although hee had before signed to the articles of indempnity , and that those poor men had suffered so much misery , notwithstanding ) would have had all those of the most inferiour rank to be whipt , or ride the wooden horse ; for now he knew how to domineer , having the souldiers to clap him at the back , and encourage what ever he would doe : but by the more grave advice of some of his more moderate brethren he was taken off from that project , & the busines lay quiet till about a forthnight before whitsontide ; at which time the parl. gave commission of speciall oyer and terminer for a court of sessions in the castle at canterbury , and sent done sergeant wild , and sergeant steel to try them upon life and death , who in the whole businesse were the onely sufferers , and the raisers of that , got either to be their judges , or witnesses against them to condemne them . condemned indeed beforehand , as by the sequell appeares . a grand jury also was summoned in of gentlemen from every lathe of the county , and none to be prickt but such as they thought so well affected to the parliament as to cast any whom they should desire to convict . all the deputy lieutenants were also appointed to meet at this great sessions ; sir michaell lusey being then one of the house , and not in command ( a colonell in the service once , and before that , in debt farre beyond what he was worth , but now clear from all , and his estate very much augmented ) made it his suite to the house that he might have leave to be there at the bench , which he soon obtained ; and comming down , made it his brags that he thanked god he had obtained leave of the house to be there , and that he would endeavour to set some of those gentlemen packing to another world , which he would willingly have done had god given so large a power into his hands ; but his protection guarded them from the intended ruine these unjust judges had pre-ordained them to . for the day being come , and the judges and bench in much state and pomp set , the prisoners were summoned to the bar , and the jury impannell'd : then the indictment was read , and the jury sent out to bring in their verdict , who retiring , and scanning the businesse after they had heard the indictment pleaded against , found an ignoramus upon it ; and being again brought in , gave in their verdict accordingly , at which the bench wondred , and the judges were much displeased , having resolved their doome beforehand ; wherefore the jury was a second time commanded forth , and againe returned the same verdict ; whereupon the judges , as it were forc'd to it , cleared the businesse for that time , and broke up the court , but would not absolutely quit them , till the house should resolve farther upon it , intending to have brought them to a second triall : but ere the bench could rise , came in a packet from the house of parliament , with a relation of that great defeat given the welch at s. fagons neer cardiff in clamorganshire ; which being read , one of the bench rising up , said to one of the grand jury , had we known but this newes before , we would have made you found something else than an ignoramus : but the gentleman being a resolute man , and as consciencious , soone made him this answer , neither your newes sir , nor your threatning words should have made us give in a verdict upon another mans life , contrary to the result of our consciences . let the world now judge by this , what the justice of these men is , whom nothing but fear shall keep from committing homicide and murder on their fellow-christians , subjects and country , upon the very seats of justice and judgement . after this passage , the grand jury all meeting together , began to revolve in their discourses , ( being aggravated by so inconscionable a speech ) of the intollerable misery and slavery this wretched kingdome was involved and plunged into ; and under what a tyranny they did now suffer , by the unlimited , usurped , and arbitrary jurisdiction their fellow-subjects now used over them , as so many illegall lords & kings ; supported in it , by the unmercifull power of the blood thirsty sword ; still disputing with much resolution and boldnesse among themselves , which way they might best set themselves free-men from such an inhumane slavery , and unsufferable bondage : they refolved unanimously at the last to petition their servants ( that should be ) the commons , and their servants servants , the lords once more , to see if they could be perswaded yet into any remorse , or consideration of the misery with which they had overwhelm'd this gasping common-wealth . where a petition was drawn up , and after some correction , shewed to some of the deputy leiutenants , who seeing the gentlemen so confident in it , though visibly against their interest they were sensible enough it was , yet durst not dis-approve of it . the petition was as followeth : to the right honourable the lords and commons assembled in parliament at westminster . the humble petition of the knights , gentry , clergy , and comminalty of the county of kent , subscribed by the grand jury the 11 of may , 1648. at the sessions of the judges upon an especiall commission of oyer and terminer , then executed at the castle of canterbury for the said county . sheweth , that the deep sence of our own miseries , with a fellow-feeling of the discontents of other counties expos'd to the like sufferings ; prevaileth , with us , thus humbly to present to your honours these our ardent desires . 1. that our most gracious soveraigne lord king charles , may with all speed be admitted in safety and honour to treat in person with his two houses of parliament , for the perfect setling of the peace both of church and common-wealth , as also of his own just rights , together with those of the parliament . 2. that for prevention , and removall of the manifold inconveniences occasioned by the continuance of the present army under the command of the lord fairfax , their arrears may be forthwith audited , and they disbanded . 3. that according to the fundamentall constitution of this common-wealth , we may for the future be governed and judged by ( the english subjects undoubted birth-right ) the known and established lawes of the kingdome , and not otherwise . 4. that according to the petition of right , our property may not be invaded by any taxes or impositions whatsoever ; and particularly that the heavy burthen of excise may no longer be continued , or hereafter imposed upon us . all which our earnest desires we humbly recommend to your grave and serious considerations , not doubting of that speedy satisfaction therein , which the case requires , and we humbly expect : whereby we may well hope to see ( what otherwise we cannot but despair of ) a speedy and happy end of those sad and heavy pressures and distempers , whose continuance will inevitably ruin both our selves and our posterities : your timely prevention whereof , by a cheerfull condescent to what we here propound , in order thereunto , shall oblige us ever to pray , &c. which petition soon obtain'd the approbation of all the gentry and clergy , excepting some who were troubled with the heart-burning faction , and could not digest so great a state-pill . some deputy lieftenants also did approve of it , and willingly signed ; others seemed to approve of it likewise , but when they were desired to signe , slipt their necks out of the coller , and left the city : but that day it was signed by above two hundred gentlemen then in the city , and copies transcribed , and dispersed amongst them all , by which means , by a very quick flight they were dispersed over all the county also ; there being so many centlemen then met together from every lath and hundred , a more fitting opportunity could never have been fancied . then on the backside of every petition was endorsed this post-script : it is desired , that all copies and subscriptions be brought into rochester on munday , the 29. of this instant may 1648. and that all who intend to accompany this petition doe meet at black-heath the day following by nine of the clock in the morning . by this meanes the whole county might unanimously go , not only in their subscriptions , but in the presentation of it to the parliament . but there were at the same time some of the grandees , in the city , who by no means could swallow it , lest it should have choaked their reputation , with the house ; and indeed , being stung with too guilty a conscience , found this pill too harsh a corrasive to them . amongst the rest , sir henry heyman , and sir michaell lnsey , who posted immediately away to the parliament to give them a timely notice , for prevention of a design so honourable , conscientious , and religious , but absolutely destructive to their interest and proceedings ; or at least , that they might , by being praemoniti , be also praemuniti , which two are seldome other then correlatives ; the one drawing a usuall consequence from the other , as indeed it proved by them , as will afterwards appear by their votes , and stratagems against it . but ere they went , out of the tender affection his rebellious bowels yearn'd with , towards his true bretheren in iniquity , went to the prison where white the barber lay for his horrid villany ; ( the man not being yet recovered ) and brought him out , with hat in hand , giving him thanks for his so good service , and extraordinary zeal to the cause ; and thus set him at liberty without ever being questioned for his fact. upon sunday following , letters were sent from the speaker of the lower house , to all the deputy lieftenants in the county , and what justices of peace the house thought good , that they understood of an intended petition to be preferred to the house from that county , willing them to use their utmost indeavours for the speedy preventing it , and suppressing the people in it . never disputing the justice of it , nor injustice of themselves in denying the proceeding of it , which was as horrid as might be for any man that knowes how to judge between right and wrong almost in any thing , knowes that the intentions of a kings calling a parliament are for the speedy redressing the agrievances of his kingdome , and the admitting by him , and the choosing by the people , the commons into parliament never for any other reason then to present the agrievances of the commons in generall for what part of the kingdome they served as representatives , by way of petition , from them to the king and lords for redresse . but they have now so altered the constitution of parliament by their new-found kirk-lawes of reformation , that no man , no not the best of polititians is physitian good enough to feel its pulse , though in a most horrid distraction too of ill humours ; and our blessed reformers have so long faught for the priviledge of parliament , as that they have both lost that , and the liberty , and true rights of the subject , with the prerogative of the king to boot ; and metamorposed the lawes of the kingdome into the shapelesse monster of an arbitrary government , and tyrannous power of the sword. but these letters also they were ordered and authoriz'd to seize , and surprize all persons they should find , or suspect to to be active in the prosecution of it ; & to secure all castles , towns , and strong holds in the county ; and by their greatest care to prevent all publick meetings at any places whatsoever within the county , except their own . then began the committee to thunder abroad their loud menaces with high threats , to all such as should dare to prosecute so bold a villany , and tumultuous seditions , as they tearmed it ; and issued forth a libellous order against it , and all such as should signe it , or any way prosecute the progresse of it amongst the people , by any publique or sinister means . the order was as followes . by the deputy lieutenants of the county of kent , the city , and county of canterbuy , at their generall meeting at maidstone the 16. of may , 1648. whereas we understand , that diverse persons have given out , that they intend to assemble themselves towards the latter end of this moneth , or the beginning of the next , at severall dayes and places , upon pretence of carrying a petition to the parliament , which doth concern matter against the authority of both houses , and tendeth to the raising of seditions and tumults , within this county : we having lately received a speciall command from the house , to use our best endeavours for the preserving the peace of that county , doe hereby , in order thereunto , advise all whom it may concerne , to forbear all occasions of publick disturbance , by any such pretence whatsoever : and if any well-affected persons have beene abused , and misled , so as to signe , or procure hands to any such seditious paper under the name of a petition , and upon false-giving out , that the deputy lieutenants of this county doe approve thereof , to the end that such well-meaning persons may be undeceived , we having seen a copie of the said pretended petition , doe hereby signifie our utter detestation of such seditious practices : and doe advise all well-wishers to their countries peace to take heed thereof , and to counsell , and perswade their neighbours accordingly : and if any pretended copies of such pretended petition come unto or be in their hands , to deliver up the same unto the next deputy lieutenant . and we doe hereby , require the ministers of severall parishes publickly to read this signification in their parish churches upon the next lords day after the receit hereof , immediately before they begin their morning sermon ; and the church wardens of the severall parishes , are hereby required the next day after the time appointed for the said publication , to certifie what hath beene done therein under their hands unto the next deputy lieutenants , who is hereby directed forthwith to transmit the said certificate to the standing committee at maidstone , that so notice may be taken what ministers , and church wardens or other persons doe their duty therein : and such as shall be found wilfully faulty , may be proceeded against accordingly . ant : wilding . john rivers . richard lee. thomas lewis . james oxenden . richard beale . thomas syliard . lam : godfrey . will : james . john bix . will : keniorash . to the mayor of gravesend , who is hereby required to cause proclamation hereof to be read in open market , next day after the receit hereof , in the height of the market by the common cryer , and afterwards to deliver it to the minister of the said parish to read it in the church . but this violent course of theirs in indeavouring to obstruct , added rather a more vigorous life to it , and made it fly through the county with a far greater velocity , and the more exasperated the whole country to a prosecution of it , according to the saying of seneca : patientia laesa fit furor . the whole county being , by this means , enraged , they resolv'd upon the prosecution of their petition , being so farre engaged , maugre all obstructions what ever , which caused many meetings of the gentry , in canterbury & rochester , and diverse other places of the county , at which meetings the businesse was more deliberately weighed ; and upon a serious deliberate scanning they found themselves likely to be lost in a maze of inconveniencies if they went not resolutely forward in what they had begun , whereupon this order of the committee was re-viewed , and a vindication of their proceedings in answer to it , drawn up , and published as followeth : the petitioners vindication and answer to the deputy lieutenants declaration against the said petition . we the knights , gentry , clergy , and comminalty of the county of kent , who have subscribed , and do intend to present the reall petition ( which is absolutely called a pretended one , and a seditious paper ) to the honourable the lords and commons assembled in parliament at westminster , according to the just rights and priviledges of the subjects of england , in pursuance of the suscriptions of the grand jury of our county the 11. of may , 1648. ( who are , and ought to be representers of the sence of our county ) have taken notice of a late order , or declaration , of the deputy lieutenants of our county , of the 16. of may , 1648. tending to the discountenancing , and suppressing of our said petition ; and untruly charging the same to containe matter against the authority of both houses ( to whom it is addressed ) and the petitioners to be raisers of sedition and 〈◊〉 . in a deep sence whereof , and indignation of such false scandalls imposed upon us , we doe declare to the world , that the matter of the petition , containes in it , nothing but what is just , and fit for free-borne subjects to demand , and tends to the preserving of the peace , not onely of our county , but of the whole kingdome . and the manner of our intentions to prosecute the same shall be so peaceable ( on our parts ) as shall not give occasion of tumults , or publick disturbance . we doe protest against raising of any factious against the parliament , to whom we addresse our selves for a just reliefe of our grievances : in pursuance of the right of subjects , and their own ordinances , and our intentions so peaceable , we must declare , that ( not withstanding all 〈◊〉 threats , published to our discouragement ) we shall go on to prosecute our just rights and desires , in such a way as shall neither render us guilty of sedition , or publick disturbance ; nor of betraying our selves to the violence of such who shall unjustly endeavour to oppose us . and we doe desire all persons of our comity , well affected to the said petition , not to be discouraged from the just prosecution thereof , upon any threats or orders : whatsoever . our intention being ( if it shall please god 〈◊〉 dispose us ) to sacrifice our 〈◊〉 and fortunes in the prosecution of these our just rights and desires . we have not a desire to deceive any 〈◊〉 , nor have we 〈◊〉 to 〈◊〉 , with pretending the deputy of our paetition . nor doe we desire any to joyne with us , but those whose reason and conscience dictate to themselves the sence of our petition . now the committees began to bestirre themselves on the other party with more resolution , because they saw threats would no whit prevail to their advantage ; and sent out their warrants for all the trained troops and companies to meet at rendezvouze at severall places of the county . but this neither would availe , or any whit answer their expectations ; for , not any shewed in answer to their warrant , but rather absented themselves from their homes , except captain foach , and some of his troop ; who , with about twenty of his men , met together , and marched away to maidstone there to attend the committee , who thought it by this , time to consider of their own security . sir t. t. sent out his warrants likewise for his troop to meet him at barham down , where appeared some ten , but not one officer , nor any colours , for his officers were all engaged for prosecution of the petition . there he waited almost all the day in constant hopes and expectation of their comming up ; but towards night , no more appearing , he dispatcht his man away to canterbury , to see if any were met together there , and to invite them ( for now he durst not command ) but his worships man no sooner entered the gates of the city , but he was surprized by a guard there , and dismounted , and so forc'd to return back to his master on foot . in the interim sir t. staying on the downes with his few men he had , by chance was resolved to drink ; and calling for some beer , one of his men began the kings health to him , which rellished not well with his pallate , having long time been a trusty wight for the parliament ; and as he said , not being accustomed to drink healths , it would impaire his own health very much ; but indeed was something jealous they did that but as an occasion to advance some other inconveniency to him : whereupon he stole away from them , and clapping his heeles to his mule ( for spurs he seldome wore any ) away he drove as furiously as jehu , never making the least stop till he thought he was clear of the danger of the cannon jug ; and like a hare , regarding nothing before him ; overtaking by chance another of the deputy lieutenants more suttlely plodding along , and ruminating upon the businesse ; he had certainly over-run him had his beast been big enough to have performed it without taking any notice of him ; so extraordinary was his hast , as i was informed by the same deputy lieutenant himself . now , as it was high time , the gentlemen engaged in the petition began to consider farther of their interest ; and being so farre engaged , how to make what they had done good , and which way with most security to goe forwards ; for retreat they could not now , and not to perfect what they had initiated , was not only to undoe it , but themselves also without dispute ; wherefore they neglected not to meet every day . and considering withall , the imminent danger of that perpetuall slavery , not only they , but the whole kingdome were fallen into ; and the extremitie of violence the grand taxments of the kingdome did threaten to crush them with , for but petitioning ( with the children of israell under the slavish tyranny of pharaoh ) for ease of their burdens ; resolved like men of kent to maintain , if it were possible , their ancient honour and liberties , or to perish in the attempt , which indeed they knew must prove a hard difficulty , having such an infection within themselves all over the whole body of the county ; insomuch that they knew not any sound part in it , but that every one might be likely enough to cherrish and breed up vermin to destroy it . but yet , notwithstanding their losty menacings , and bug-bear threats , to proceed in their engagement . whereupon a manifesto was drawne up by them , and signed as an absolute and unanimous engagement amongst themselves , and afterwards disperst to the view of the whole world , that all might know the candid reality of their resolutions , in these words : that the innocency of our intentions , and justice of all our undertakings may clearly appear to all men of uncorrupt understandings , and hearts not made too servile by the long , and odious custome of oppression . we the knights , gentlemen , clergy , and franchlins of the county of kent , the most free people of this late flourishing nation , by the wisdome and valour of our ancestours delivered from the lawes of the conquerour , and to the late dayes of unhappy confusion and distraction enjoying the same , through all the raignes of the most glorious , and victorious kings and princes of this nation : doe hereby declare , and manifest to all the world , that our meetings , and assembling together , is no other then a vindication of our selves , and purposes from the scandall and aspersions of the committee of this county ; who , upon occasion of a petition , in behalf of the county of kent , assented , and subscribed to , by the grand jury at the sessions of the judges , upon speciall commission of oyer and terminer , executed at the castle of canterbury the 11. of may instant for the said county ; have not only made orders against the same , and commanded them publickly to be read in all churches , sentencing and condemning the said petition , and all the abettors thereof ; but have summoned the troopes of horse , and forces of foot of this county for suppression of the said petition . which tends not only to the suppression of the liberty even of the most enslaved persons in the world , but also , as much as in them lies , shew an indeavour upon any causes whatsoever , which suit not with their humours , to over-owe the sentences of other men ; and , upon opposition therein , think they have ground enough to take away the lives or fortunes , or both , of their said opposers . in consideration whereof , and that now the said committee finding themselves unable to involve this county in bloud , have made their addresses to the parliament and army ; and make strange , and malicious representations of our purposes , thereby discovering nothing so much as their owne pride and malice . we the said knights , gentlemen , clergy , and free yeomen of the said county of kent , doe hereby appeal to all the world to judge , if it were not high time for us to put our selves into a posture of defence : and doe further declare , that we will prosecute our said petition , with our lives and fortunes , not doubting of a faire reception from the two houses of parliament , whom we know to have been instigated against us by the said committee . and therefore , saving to our selves , the enlarging of the said petition : we have resolved to charge the said committee with increasing the taxes of this county above due proportion , and onely for maintaining their owne private luxury and pride ; with usurping a power over the estates and fortunes of the free men of this county , not granted to them by any power of parliament ; and with a tyrannicall , unlimitted , and imbittered spirit naturally engrafted in them , and expressed by words and actions all along the exercise of this power ( which makes them unfit to rule ) to the exasperating of the peoples hearts into all animosity , and overthrowing of all love and peace in this county : which also hath been followed to that height of persecution , that had not the two houses given a stop to their 〈◊〉 proceedings , we had suffered much more under the torment of these mens projected designes . wherein we doe acknowledge our selves also to have been secured in the temper and moderation of the houses . we have no more to say or doe , but to defend our selves till we can have a right understanding of our purposes and actions before the houses . in the mean time we shall look upon all opposition as the provocation of a conscious and endangered committee ; and in respect of the invasion lately made upon the persons of our neighbours , we think fit not to lie at the mercy of the souldiers , but to have refuge to our armes , from which no threats , or face of souldiery shall drive us , knowing well the justice of our cause , and the temper of our own hearts . thus resolv'd they proceeded in their desigue , seizing all the armes and ammunition at scots hall , ashford , feversham , and diverse other places , whilst sir michael lusey , and some others of the deputy lieutenants ceased not to act , to the utmost of their power , for the suppressing of them ; but esquire hales ( being a man well beloved , and that indeed for his true desert , and worth ) in short time had raised a great party in that part of the county ; and falling to work with those bold opposers , soon laid their power flat , and their honour in the dust , till at last they were forc'd to shift for a better security than their armes , and took sanctuary in sir peter ricots house at ailsford ; but the foxes lay not long there ere his terriers were so neer forcing them forth , that they were glad to make conditions for law to run away from them ; which being granted , they delivered up the house , a great magazine of armes and ammunition , which proved very serviceable to the victors . in the interim other parties being encreased , and modell'd into order , still moved up and down , and received all that wished well , and had signed and engaged in the petition , who were so unanimous , that within two dayes space there were strong parties gotten together about wy , ashford , sittingborne , rochester , gravesend , and diverse other places ; insomuch , that the whole committee were glad to make triall of the old proverb , one paire of legs is worth two pair of hands , so they posted away to london to tell a lamentable story to the parliament . captaine lee , and another of the house being sent downe by order of the house , came to rochester to parley with those that were met there ; where , upon debate of the businesse , they used the greatest policy they could to perswade them to accept of an act of indempnity from the house , and to lay down their designe ; but these gentlemen were immediately confin'd , and were forc't to treat for their owne indempnity and liberty at last ; for well the engagers knew what the indempnity of the house would be , if once they laid their swords out of their hands , and were submitted to the malice of theirs . tuesday , may 23. a great number of knights and gentlemen were again met at canterbury , intending one and the same interest , and as active as cordiall in the reall advancing the generall businesse , not minding any other interest then the publique welfare ; concluding with a magnanimous courage , to march with the petition in one hand , and a sword in the other : not , though ( as some have malicioufly ( not conscientiously ) given a false interpretation to ) to force the higher powers to what they should fancy , or desire , ( which indeed they might have done , ( according to so grand examples in that kinde , as have been shewed by those too they were to deal with ) the law now being swallowed up into the unlimited arbitration of the power of a , though bloud-drunk , yet bloud-thirsty sword ) but that they might make their way through all obstructions , and have liberty ; maugre all apposition to present their agrievances ( according to the ancient custome of this kingdome ) to the houses of parliament , a thing never opposed , nor accounted riotous till this parliament by their all-powerfull arbitration voted it so . which being a generall resolve through the county , all men betook themselves cheerfully to their armes ; the inferiour sort , and comminalty , submitting themselves to the commands of the superiours ; who , as commissioners , acted what by a generall councell was thought most convenient for the security of so great an engagement as that was now brought to . and that there might be a clear , and candid satisfaction given as well to their friends as enemies throughout the kingdome for their thus arming themselves , caused this ensuing remonstrance to be published . ( having also understood before of the bloudy answer their neighbours of surrey had to their peaceable and legall petition ; for which unhumane massacre the butchering mirmidons ( being fetcht for the same purpose by some of both houses ) had the thanks of the house . ) being reduced to this choice , whether to deliver up our lives and liberties together , or die free : we are resolved to act the last scene of this tragedy with our swords in our hands , which we shall sooner turn upon our own hearts , than upon the publique peace . by what necessities exasperated to this resolve let the world determine , and understand , that a petition to religion and honour ( if the parliament may be judge ) is by some persons neither warranted by any authority from the two houses , nor pretending to it , upon their owne score have audaciously affronted : the petitioners menaced , and persecuted into this extremity , by spirits so implacably distempered , that sir anthony welding vowed he would not crosse the street of rochester to save one soul that subscribed to the petition . and it was a proposition of beales , to hang two of the petitioners of every parish . if this be not enough to admonish others , let it suffice that it awakens us into a just sense and scorne of these indignities . we have lost all with patience ; and if at last it be accounted a crime to beg , we shall prefer to perish . therefore we doe solemnly , and religiously , oblige our selves , with our lives and fortunes , to oppose effectually , what person or persons soever shall presume to interrupt us in the just and legall presentation of our humble desires to the two houses of parliament ; and to the utmost of our endeavours to save harmlesse , and protect each the other in a priviledge so undoubtedly our own ; and so not only adjudged , but practiced and encouraged by this present parliament . and further , in case any single person shall be for this engagement prosecuted , all of us to rise as one man to the rescue ; this so help us god , as we shall respectively perform , and resolutely . thus gallantly resolved was the greatest part of the gentry in the county , which animosity encouraged also the comminalty into as great bravery , and resolute boldnesse . and indeed it was high time , as the state of all the kingdome then stood , in so dismall a cloud of dull and sordid slavery : the tyrants swords having so long time drunk the bloud of the loyal-hearted gentry of the kingdome , that now they were insensible how they went on , or upon whom they exercised their cruelty . this tuesday , about noone , the knights and gentlemen that were intrusted as commissioners ( for that part of the county ) at canterbury , gave commission to colonell robert hammon for the beating up his drums to raise a regiment of foot , and colonell hatton for listing , and raising a regiment of horse . their commissions ran thus : for the more safe and speedy expedition in preferring the generall petition of this county , we the gentry now interested and trusted therein , do nominate and appoint you r.h. colonell of one regiment of foot , &c. having the day before seiz'd on the magazine of that part of the county then in that city , being very great both of armes and ammunition of all sorts ; colonell hammon immediately beating up his drums , he had in a short time listed a considerable number of men , more , i think , than ever were listed by one man in so short a time . then both colonell hatton and he had orders given to rendezvouz the next day at barham-downe , where all the trayned souldiers of that part of the county were appointed ( by warrant from the commissioners ) to meet : but this day proved extraordinary wet , which hindred the appearance very much . however colonell hammon came with about 300. foot well accoutred and armed ; and colonell hatton with about threescore horse : a good collection for so short a time as one half day to 〈◊〉 them in : but there came not in above 〈◊〉 trayned men by reason of the illnesse of the weather . here met also most of the knights , and deputy lieutenants then in that part of the county , for now many of the deputy lieutenants had joyn'd with the petitioners , although , i suppose , out of a politick consideration , not a cordiall 〈◊〉 , as indeed did afterwards appear . there ( after some consultations ) they 〈◊〉 many businesses for the advancement of the engagement , using their utmost endeavours for the raising not onely of men , but money also , for the supporting , and encouraging those who were not able to goe through it themselves , being off from all their callings and imployment . engaging for the constant paying both of souldiers and officers whilst they should continue in the countries services : for the better advancement whereof , every gentleman , according to his ability , subscribed to the loan of moneys , some a hundred pounds , some eighty , some fifty , some forty , some more , some lesse ; and sent abroad their warrants into all parts of the country for the summoning all such men as had , and would engage in that service for the advancing the generall safety of the county , and liberty of the kingdome . towards night the rendezvouze breaking up , colonell hammon , and colonell hatton marched off to quarter towards dover . then sir richard hardres , sir anthony aucher , and master ant. hammond , justices of the peace , and men as hearty , as reall , and as indulgently industrious in the propagation of the engagement as men could be . and mr. thomas 〈◊〉 with about seven score trained men , being then by reason of the wetnesse of the weather on horseback as dragoones , marched towards sandwich , having dispatcht a messenger with a letter to the mayor of the town before to advertise him of their comming , and intentions . where , when they came , they found the ports all shut , and guarded round about the town ; then master mat. carter , by appointment of the rest of the gentlemen marching in the head of the men , gave a summons to them ; but they at first refused to open the gates , till after some parley with them an officer asked him if sir rich. hardres were there or not , who was one of the deputy lieutenants for the parliament : who comming to them , and demanding entrance , the recorder of the towne came out , and told him that the mayors orders were , that if he came the gates should be opened , but not else . so immediately they were , and marching quietly in , they drew up in the market place , and first changed all the guards about the town before they engaged in any other businesse , it being then almost night . then the commissioners being together , they sent for the mayor of the town , and demanding his subscription to the petition , gave him orders immediately for the raising of moneys for the forwarding the businesse ; but he proved very slow in that service , pretending that the town was very poor , and could by no means raise any : the excise officers were also called in , but their stores proved very poor also ; insomuch much that there remained little hopes of any good to proceed from that place . in the evening came in a gentleman that had been formerly a divine , and a chaplaine at sea , and a major in the service of the parliament , ( as it seemed by his deportment ) very penitent for that he had engaged himself in so unjust a cause , and horrid employment ; and proffered the best , and utmost of his service to the furthering the petition , and the engagement of the country if he might be employed in any thing that might give him opportunity . whereupon , they knowing him to have been at sea , and well acquainted with the navie , being both chaplain there to the earl of warwick , and minister of deal , thought it could not prove amisse to employ him , having signed to the petition before ; and so had letters drawn up for him that night , to every ship one , and in every letter a copy of the petition , making this absolute result , that some happy successe might follow ; however , if it did no good , yet it could no way endamage them ; which indeed proved a most happy , and fortunate designe as all the kingdome are witnesses of . the next morning being thursday , the mayor and aldermen were againe called upon to know what moneys they had raised , or would advance to that service , being solely for the re-enthronement of the king ( as they told them ) and the speedy redemption of the most turkishly enslaved subjects of england to their true , ancient , and native liberty : but they were then found as tardy as before , dull , and unwilling to endeavour , pleading the great necessity , and inability of the towne , as nothing touch'd with any consideration of loyalty or conscience to their imprisoned king , or the bleeding 〈◊〉 of their enslaved country . whereupon the commissioners thought it neither 〈◊〉 , nor fitting , to intrust them with a military power ; but took away the comissions from the mayor ( who was captaine of a trayned company in the town ) and the other trained captains , and disposed of the companies to other gentlemen in the town , such as for their honesty and loyalty were thought worthy the trust ; cutting to pieces that commission of the captaine of the auxiliary company , then seized on the magazine of the towne ; and having loaded a waggon with powder , match and ball , for the present occasion made ready for a march towards dover . but ere they march'd , the souldiers being againe drawn up to their colours in the market place , the commissioners went together to give a visite to a stripling imposture that lodged ( by order of the mayor , and his wise brethren ) at captain forstalls house , one of the jurates , who pretended himself to be the prince of wales , and that he was forc'd to fly out of france , because the queen , his mother , had endeavoured to poyson him : which notable phancy he had seriously insinuated into the generall opinions both of towne and country , by his often asseverating it with impudent oathes , and damnable imprecations : insomuch that many gentlemen and women came dayly to kisse his hand ; and many presents he had made him , rich cloathes , and accommodation in every kind provided him by the mayor and jurats of the town , who were so serious in it , that sir thomas dishingto a scotish man , being upon a message from the queen , and prince , into england ; and at dover , in his journey back againe , hearing the report so generally in the country of the princes being at sandwich was much startled at it ; and to satisfie himself went to sandwich to be informed , where he found him indeed a welch prince , but not the prince of wales : and comming to him , after some discourse , as asking him who was his gentlemen usher , who his pages , and other servants ? where the queen was when he left her , and the like questions ? he not being well provided with answers to either ; and those questions so unexpectedly proposed to him , could give him no account at all ( which was enough to satisfie any reasonable opinions that he was an impostor ) whereat sir tho. being much incenst , call'd him villaine , and counterfeit rogue ; the new-coyn'd prince immediately shewes his power , and commands the mayor to clap sir tho. up in prison for his treason ; the mayor presently obeyes his command , and sir tho. instead of going back to dover , is carryed to prison , where he lay about two dayes ere he could be set at liberty . master carter was also the sunday after sir tho. was confined to see him too , to satisfie not only himselfe , but some deputy lieutenants in the county whether it were he or not , ( comming in so strange a manner as on foot , and in an old black ragged sute , without any companions but lice ) being acquainted with some of the jurates , who knew that he could satisfie them well too , but would not be convinc'd of their foolish confidence , although he not only assured them ( amongst the rest , captaine forstall , at whose house he lay ) that he was an impostor , but affronted him upon the beach , before the mayor and jurates , who , with a guard of musquetteers were walking there with him . so highly did this young prince of sandwich bear up his businesse in as high a raunt as can possibly be imagined above a week ; trumpets sounding his meat to the table most commonly , and , as some say , most nights drunk ere he was acquainted with his bed. but the commissioners having had this account , and understanding of him , intended to carry him away with them ; believing he was sent ( by some who have too long enjoyed a power of marring princes , though not of making any ) upon some designe on the county ; and finding the hearts of the people much inclined to him ( as believing what he had said to be true ) spake nothing at all of him over night , nor of their resolutions , but just as they were ready to march , as to give him a civill visit , went to see him , having an empty coach of sir richard hardreses , in which they intended to invite him to march with them , as to free him from that restraint he had , by a declaration which he had published , pretended to be in , lest by violently taking him away they might cause a mutinous hubbub in the town and country : but this would not take , for when they came to the house , this precious prince , and his confederates , surmising their intentions , as guilty of their reall knaveries , refused to let them in ; captaine forstall shutting his doores , told them , the prince had commanded him to keep them out , and he durst not disobey him . this they took as a high indignity and affront ; and upon their desires master carter immediately drew up sixty musquetteers before the house to force an entrance , the rest of the party loading their musquets , and lighting their matches , stood all to their armes , expecting some suddaine service ; for now the whole town grew into a mutiny , and distraction , so that the commissioners were forc'd to prepare themselves for to fight too , for they did expect it every minute , and commanded all houses , and shops , to be shut up . mean time this young impostor raunting in his new invested authority , waves his hat , and plume , out at the window , calling out , raise the towne , raise the towne : seamen , stand to me seamen : throwing out handfulls of money into the streets among the people , which began to swarme up and down in throngs and tumults ; women weeping for the violence they feared would be done to their prince , and men swearing they would all die rather than suffer the prince to be injured any way , or violently taken away : almost every one either certainly believing him to be really the prince of wales , or else undoubtedly confederates in the same designe , raised so high a tumult as would have ended in much mischief , had not the gentlemen bestirr'd themselves resolutely , and undauntedly , in the quelling them . but whilst they were thus forcing an entrance into the house , those confederates who were within , privately conveyed him through the back-side ; and some seamen waiting purposely at the water-side , transported him immediately over into the isle of thanet , where a party being sent after him , found him that night at master crispes house at supper , where he was entertained like him that he pretended himself to be : from whence he was conveyed to canterbury , master crispe being so courteous as to lend him his coach thither also , and from thence to newgate . this passage being over , he escaped for the time ; they took captaine forstall , and would have carryed him away prisoner for refusing to let them enter his house ; and by that meanes expressing his confederacy in the designe of that mock-prince , and so being the cause of the hubbub in the towne , which was so dangerous as might have caused much bloud . but pretended he did really believe him to be the prince , and he had commanded him to it , and he durst not disobey him : then the town clark engaging himselfe for his appearance when he should be called to answer for his default , he was left behind . then the gentlemen leaving some of those men they brought with them , and an officer with them in the town for the securing of it , and orders to the new captaines to call their companyes to their armes ; they marched away with the rest towards dover , where they found colonell hammons regiment encreased by that time to five hundred , and upwards ; and colonell hattons of horse to be about 200. according to their former orders drawing up to face the castle , with some trained companies of that part of the county ; and many people with cartes of scaling-ladders , spades , shovels , and pickaxes , according to the former dayes warrants . here they found the town in a joyfull posture to receive them with much alacrity , where captaine bethels fort resigned to them , and all the towne unanimously betook themselves to their armes ; trained men ( which were two companies ) and others to joyn with them in so hopefully-happy a designe , as by all appearance that must of necessity be . in the afternoon diverse summons were sent to the castle for surrender of it to the service of the king and country , but all denyed . sir h. a grand independent , and parliament man being then in it ( pretending no power at all there ( as by his letters indeed appeared ) yet bearing the only sway , & commanding all privately ) by whose command those in the castle had made incursions up . on the country a night or two before , and drove in many sheep for to victuall it ; resolving to make out his own interest , as it seemes , under the notion of the parliaments ; for it was without any commission from them , as if it were an axiome amongst them , every one to act his phansie for the propagating the generall calamity of the kingdome , no matter at what rate , so their interest were secured : so large an extent hath their arbitrary prerogative , and unlimitted illegall jurisdiction , as to abhor , as destructive , all conscience , or thought of affection to their countryes peace , which easily discovered it self by the answers he made to the letters and propositions which were sent into the castle to him from the commissioners : as if that burden of intollerable guilt of innocent bloud , and unparallel'd misery of this gasping nation had over-whelm'd his conscience with a cloud of dispaire of any other safety than the old roman rule , per 〈◊〉 semper , sceleribus tutum est iter ; knowing indeed himselfe to have been as zealous a promoter , and accessory to the generall calamity as any confederate in the grand juncto what ever ; to whom indeed the name of peace is as odious as the punishment they know themselves guilty of , and if given over to the hand of justice , and the law of the kingdome , they must unavoidably perish under . of which i doubt not , but though their resolutions be with cataline , yet their end will be as the thirty tyrants of athens , whose proceedings have not much deviated from theirs . now they sent not only summons to the castle , but also civill letters to sir hen : h. to invite him to a compliance , or at least to a cessation from his engagement , with all promises of their engageing for his security , and fafety , either for his staying in the county , or passing to london , or where he pleased ; but he was farre enough from hearkning any whit to their civill treaty , and by his meanes and one lieutenant swans , ( who had before betrayed the princes commission ( after he had engaged his faith for the acting according to it , ) and indeavoured the taking away the lives of some gentlemen that himselfe treated with about it ) those in the castle withheld from any rendition though often summoned , and the greatest part as often willing to deliver . this night major keme that went to the fleet returned , assuring that those letters he carryed to the commissioners , were not onely received with extraordinary cheerfulnesse , but answered with as industriously reall action , relating , that the mariners had no sooner read them , but immediately declared , one , and all , for the king , the liberty of the kingdome , and the engagement of the gentlemen of kent . boldly disputing the businesse upon the deck ( though they knew not generally one anothers mindes ) with their armes in their hands ; as if being surprised with so happy an opportunity were resolved to try what party they could make against opposition ; which they found indeed so weake as not to engage , much more dispute , then to give them occasion to seise on some officers and a few marriners in their particular vessels , who did but timorously seem to contradict their actions ; for oppose they durst not , so small was their party , they were able to make amongst them , as any else whose former knowledge made them undesirous , or unwilling to trust , who they secured immediately upon their businesse in the holds , and round-houses of the respective vessels . upon this , the shouts they made aboord were so loud , that they ecchoed a shrill alarum to the eares of colonell rainsborow , then vice admirall , who being a shore at deal castle , and hearing such acclamations made him haste from the leads of the castle ( where he stood all the while the commissioners and gentlemen were marching by , waving his sword over his head in a threatning defyance to them ) to goe aboord , that he might be the more certainly informed of the cause of this so generall shout , not being from one , but every ship then riding at anchor in the downs . but when he came neer , and would have boorded , the admirall , he was put off by the marriners , who told him he had nothing to doe with them , nor should he . he demanded their reason , and what the matter was , being so much amazed at so suddaine an alteration ? they answered him immediately , that they were now upon other designes then they knew he would lead them on , or joyne with them in , and had declared themselves for the king , and the gentlemen of kent . but did confesse he had been a loving , and courteous colonell to them ; and in that respect should have no injury offered unto him , nor should he suffer any the least damage in person or goods ; but what things he had aboord he should have safe away when he pleased . whereat , seeing them so serious , and resolute , demanded a pinnace to carry him up to london , for he was something timerous , and jealous how to trust himself a shore , although he had the command of deal castle within his commission . but a coxon stepping forth upon the deck , answered him : sir , we cannot spare you any the least vessell in the downes , they are engaged for better service ; but there is a dutch flyboate at shore , and for six pence you may have a passage in her to london . this much distracted him , and augmented an apprehension of danger in him ; for understanding that sandown castle had at the same time declared with the navy for the king and country : he did not know how to trust himself either at sea , or ashore . for he might justly fear the same in every castle for ought he understood of their resolutions , yet was forc'd to betake himself to that ultimum refugium ; in which manner , with his wife , children , sisters , and the rest of his family , which remained before in deale castle , he wafted it away to give an account of his honourable escape to his great masters at london : which alteration , with him , was as much beyond all mens expectation as his own . this welcome messenger having given this fortunate account of his , and the generall good successe : he was immediately dispatched away with letters of summons to the other two castles of deale and wamer ; having instructions also , and power to treat with them for rendition . which actions , at that time , although they carryed a martiall face with them , to the opinion of our enemies , yet took forme and life only from prudentiall , and cautious premonition , not military designes , for who could not but think it most unsafe to the country , especially that part of it ? and dangerous both to private and publick interest , to leave the strongest holds of those parts ? in the rear of them possessed by a violent and bloudy enemy to make encursions , and inrodes upon them , when they should please , the greatest strength of the county being to march away with the petition ; of which , those in dover castle , by command of sir h. h. had given us a taste , as a faire warning , some two or three nights before ; having sent out a party , and plundred the country , taking ( or rather robbing ) from one man at least a hundred sheep , and many more from others , that they had intelligence to have been interested in the petition . yet in all these actions of possessing the fleet and townes , was there so orderly a comportment , that not the least prejudice accrued thereby , either to the life , person , estates , or goods of any man. then were letters sent into france , and holland , with engagement of the gentry and merchants , for the bringing over ten thousand armes , and a great proportion of amunition of all sorts ; as letters also to the prince to give him an account of all proceedings and intents of the engagers ; altogether as honest , as resolute , and as yet ( by gods providence ) so prosperous , that fortunes gates seeme to be wide set open to their so honourable resolutions : being nothing intended , or inclinable to the raising of any offensive warre , but the purchasing ( though at the hazard of all our lives and fortunes ) of a happy and lasting peace ; and that not particular to our selves , but generall , to the sion of our church and common-wealth for which all men , i think , ought both to pray , and fight , if rightly , and loyally called to it . and now having thus far proceeded , and with so auspicious successe , they went on , and prosecuted their businesse with much expedition , alacrity , and courage : know that time admits not any delayes where danger always is knocking at the door ; and sloth and neglect in desperate and difficult enterprizes , are advancements onely to ruine and destruction ; but in extremities the winning of time is the purchase both of life , and honourable successe . wherefore the next morning they marched back from thence towards deal castle , leaving in dover , and before the castle , the trayned bands of the towne , and three other companies of that part of the country that were not yet compleatly come up . and m. arnold brumes , and one or two more justices of peace more , being commissioners for the country , to steer at the helme , lest for want of good pilots the businesse should suffer wrack ; who the next morning drew up the great pieces that were planted on the bench , and mounted them on the most advantagious ground on the hill neer the castle , which they did without any more losse than of one man , although the castle played both small and great shot very thick upon them ; and having boldly planted them ( where , i believe , never any cannon were ever known to be placed , it being a most extraordinary 〈◊〉 ) very neer the castle ; they played very hot upon it , and battered the walls very much , being old ; supposing , that seeing this violent prosecution , they would have yeelded it up , but all to no purpose , and storme it they could not . the commissioners , with the rest of the gentlemen , ( which were a handsome company ) marched on towards deal , carrying with them colonell hammons regiment , being by this time compleated to a thousand , well armed , and as perfectly resolv'd , with colours flying , of white answerable to the candid innocence of a peace-making egagement ; and col. hattons horse , with some dragooners : the gentlemen being about forty , were orderly drawn up into a troop , and marching thus all the way upon the downes , gave a very handsome appearance both to the country on the one side , and the ships then riding at anchor in the downes on the other , which gave encouragement to both , and a disheartning also to the castles , then upon treaty for rendition . then the castles discovering so orderly a body of men advancing towards them , sent to the commissioners to desire that they would not advance any neerer to them till they had concluded their conditions , being on treaty about them , the articles being drawing up . whereupon a halt was made , and a rendezvouz , the party being drawn up , and planted an orderly front towards the castles . the knights and gentlemen then leaving them at the rendezvouz , rid away to deal towne ; where the first ( as indeed most requisite ) thing they did , was the taking care for sending provision to that small army they left in the field ; and afterwards went aboord the ships to take possession of them , and to place such officers as they thought fit to entrust with their command . where they were received with great acclamations and expressions of joy. there one might have read in every mans face a perfection of cheerfulnesse , as having been a long time like slaves gally-chain'd to a more than turkishly condemnation , and now happily set free into the glorious liberty of loyall obedience ; wherein they expressed themselves so highly devoted to the service of the king and country , as that they would not only be commanded by sea , but desired they might have first admittance to be listed ashore ; but that would not be granted them by the commissioners , for they should thereby have disfurnish'd the ships , and did not perceive they should have any need of them for land service ; for now they thought , that although they expected nothing lesse then an affront , and opposition ere they should have performed what they had undertaken concerning their petition ; yet they supposed the county would so unanimously joyne , as there should be little want of number , able to force through all obstruction whatsoever : foot comming in at that time also very fast from all parts , and this happy successe , and gallant deportment of the gentry being so high an incouragement to call them to their aid , gave new life and courage to the commonalty , and made them content to leave all rurall occasions to joyne in that so christian-like , and loyall designe . although there were yet too many that lay lurking in their dunghill dens suttlely , to joyne with any enemy that should endeavour to make a prey of them , and help forward ( upon any opportunity ) so desperate a ruine , as they cared not though it turned to a generall dissolution to the whole kingdome , and a most wretched and untimely fall to their too indulgent , gloriously virtuous , and unparallel'd patient soveraigne ; so their owne factious interest might recover to their wished ( but ignorantly proposed ) end . a nest of other cockatrices lay brooding also as idlely in the very heart of the county , nay , too many all over , whose dirty souls were so settled on the lees and puddle of worldly interest , as depressed them down to so ignoble and cold a disposition , that would not suffer them to look up to loyall obedience , nor permit their capacities to climb so high as a knowledge of that duty they owed to their king and country , though their owne interest was as much included as anies that was the most active , every man being alike concerned in a generall peace ; and , i think , according to his quality and condition ought to endeavour as industriously for its advancement , many of them , knowing as much too , yet so wretchedly worldly as to prefer the enjoyment of their estates , though like jewes , under the worst of bondage , than like christians to hazard ( the impairing them onely ) for the setled and assured enjoyment of them in the happiest liberty the golden age of a just and religious peace would give them in the future . there were some deputy lieutenants also came in , ( for their security more than their conscience sakes , which they slubber'd o're with a counterfeit disguise of dissimulation to purchase a better welcome ) whom i could name too , but shall forbear ; the comming in , and entring the lists , with these loyall engagers , after they had signed not onely to the petition , but warrants , and commissions too , made a faire retreat , and bidding adieu to the danger of proving loyall subjects , slipt their engaged coller , and stole away to london , and may chance deserve a halter for it hereafter , as well as the rest of the greatest opposers : but , i suppose , ere this , though not in respect of their fortunes , ( for which they may rejoyce ) yet in respect of the better wealth of their soules they may have undergone so much of repentance , as may purchase a pardon from heaven , which my charity makes me hope rather , than wish the contrary : and they are sensible enough they have a soveraigne to deal with , so farre inheritor of his fathers virtues as well as honours and prerogative , as by his excesse of mercy to mittigate the rigour of treason and law against them . but to return to our new sea-royalists , who now not onely thought , but express'd also the great happinesse of their chang'd condition ; saying cheerfully , many of them , they onely now lived , and had a long time , as it were , laine amazed 'twixt life and death , and desired rather to die in the service of their king , then to live againe in that of the parliament . all which the commissioners were much joyed to see , and encouraged them on in their gallant loyalty , giving amongst them in every ship , a summe of mony to drink , which they as gratefully received ; and at their putting off to shore , gave them from every vessell many great shot , answered with as many shouts , and acclamations . but many of the marriners were so eager in prosecuting this new engaged loyalty , that the greatest difficulty in the ordering them , proved in the keeping them aboord , being almost mutinous to come ashore to list themselves for land service , as believing they should not finde any opposition at sea ; or if , yet not time enough for them to expresse in their actions what they had already done in their words , and as absolutely resolved in their hearts , as it was the expression of many of them . which , to make up the more compleat , they afterwards , of themselves , sent away a messenger to the commissioners of the navy with this declaration following . the declaration of the navy , in a letter to the commissioners at london . worshipfull , these are to certifie you that we the commanders , and officers of the ship called the constant reformation , with the rest of the fleet , have secured the ships for the service of the king and parliament ; and we have refused to be under the command of colonell rainsborow , by reason we conceive him to be a man not well-affected to the king , parliament , and kingdome : and we doe hereby declare unto you , that we have unanimously joyned with the kentish gentlemen in their just petition to the parliament , to this purpose following , viz. first , that the kings majesty may be with all expedition admitted in safety , honour , and freedome to treat with his two houses of parliament secondly , that the army now under the command of the lord fairfax , their arreares being paid them , be forthwith disbanded . thirdly , that the knowne lawes of the kingdome may be re-established and continued , whereby we ought to be governed and judged . fourthly , that the priviledges of parliament , and the liberty of the subjects may be preserved . and to this end and purpose we have sent our loving friend captain penrose with a letter to the earl of warwick ; and we are resolved to take in no commander whatsoever , but such as shall resolve to live and die with us , in the behalf of the kingdome , and paliament , which is the positive result of us : and we humbly desire your speedy answer . officers of the constant reformation . thomas lisle licutenant . and : michell boatswain . james allen gunner . tho : best carpenter . officers of the swallow . leonard harris captaine . joh : london master . nic : lawrance licutenant . andrew jackson gunner . john short carpenter . signed also by the captain of the roe-buck , hynde , and severall other officers of these , and other ships . this day about night the articles for the castles of deale , and wamer were signed , and the one delivered before , the other after the commissioners marched away . their conditions upon surrender were to march away with their baggage , leaving their arms and ammunition behind them entirely , without any imbezelment or diminution . the rendevouze being broke up , they marched away and quartered in sandwich againe that night , leaving in deale anthony hamond , esq. and cap. bargrave , who had been formerly an officer of the navie ; ( both justices of peace , and gallant discreet men , ( not according to those of this wise reformation ) as commissioners for the managing of the businesse there , and in the fleet ; having sent away for sir john mince , capt. fogg and some others , officers that had formerly been employed at sea by the king , and for their loyalties displaced by the parliament , who were also earnestly desired by the officers and marriners aboarde . when they came to sandwich having beene so prosperous in all these undertakings , and done so much in so little time as indeed amazed the whole country . the mayor and his brethren began to comply , and received them with farre more cheerfulnesse then before they had done ; and that night made them a present of two hundred pounds to the advancement of the designe , who before were so needy they knew not how to subsist amongst themselves , much lesse to raise any summe of money for extraordinary service . the next morning they hasted their march from thence to canterbury , leaving also behind them two or three commissioners , and five trained companies , for the better securing that town , being a place very factious and apt to take the opportunity of the weaknesse of the country , to make a mutinous opposition in case of a retreate . that night being sunday night , they quartered in canterbury , not slipping any opportunity or minute of time , without an improvement of it to the best advantage , and acting something to the furtherance of that engagement ; the next day being the appointed limitation for their meeting at rochester . here there came in many gentlemen and others to joyn with them that were not at all engaged before , unlesse against us ; amongst the rest , sir john roberts , and one or two deputy lieutehants more who signed to the petition , and subscribed to the loane of money , although they had before engaged themselves with the rest of the committee against the petition ; but rather like physitians , that out of a private interest , are nimble to assist and pleasure others to profit themselves , than out of any cordiall affection to so just , and honest an enterprize . the dutchmen of the city ( which indeed are very numerous ) engaged themselves for the raising and paying of two companies ; here also colonell hammon compleated his regiment , many more men comming in to him , and others that he had raised in the city , and neere about fitted themselves for a farther march. in this city and suburbs were three trained compaines which were all drawn up to armes ; which , that they might secure the place ( with the two dutch companies then a raising ) they left behind some knights and gentlemen to manage the affaires in that part of the county were left there , lest some insurrection might happen by the obstructers of the designe , who swarmed about that place ; and by surprizing it , not onely doe much mischief in the rear of the body , but in case so much misfortune should befall them , as to force them to a retreat , ( which caution is no whit too soon remembred in the strongest , or more prosperous armies at any time ) and which indeed most unfortunately fell out to them at the last . in this time the noble peer , the earl of tha. acted his most heroick gallantry about ashford , hotfield , and charing , being indeed the first that rose , and drew that part of the country to a resolution of betaking themselves to their armes , by sending his letters to all gentlemen he knew had any power , and secured above a thousand men in that part to rise in a short time ; and at the first of any rising at all in the county , giving an account of it also to squire hales , encouraging him thereto , who farre more gallantly proceeded than ever he began . so now , when he had made a fair and hopefull beginning , and had assured very large assistance from his purse , makes a slovenly exit from this scene of honour , and obscures himselfe behinde the hanging of apostatisme . in so much that when he was sought for by his neighbouring gentlemen , whom he had incited by his forwardnesse , and invited by perswasions , the noble earle was fled , ( not for religion , nor i thinke to any ) to take councell of his peere the earle of pembroke ; whom ( after some grave and wise consultation had ) he engaged so farre as to goe with him to derby-house , there to plead with the quintessence of his oratory for forgivenesse , promising if he might but scape a whipping , then never to doe so againe , which he did . where the gallant and doubty earle ( after a pause for recovery of breath ) made what discovery the whole action was lyable to , and his capacity could reach ; making also severall propositions to the committee , which he assured them was the only way to remove those distempers ; declaring , that he had heard such things from divers gentlemen in the engagement that gave assurance to his hopes . the committee thereupon began to be a little enclinable unto his discourse , and gave as much credit to it , having his friend , and couzen p : to sweare for him ; and thereupon resolved upon some instuctions to be given him as concerning indemnity upon a disbanding , and submission again to the yoak , and the like : which being rereported to the house , were resolved on ; and he on the thursday morning dispatcht away with them . who immediately posts home , and with his greatest power endeavours the disbanding of the commonalty ; beginning first with the discouraging the gentry , who being once down , the other must necessarily fall ; and indeed proceeded so farre in it , that caused diverse gentlemen , as well as commoners , to desert the businesse ; but the generality being constant , and their consciences linck'd to the service , by the golden chain of religion , and loyalty , were not to be disheartned ; insomuch , that i think , those stratagems , as the other endeavoured for suppression , gave a more couragious life to their actions , and converted that pestiferous obstruction to a cordiall advancement . the gentlemen and commoners being not onely sensible of this his basenesse , but also insens'd at it , gave the noble earl this satisfaction to that designe of his ( or rather treachery ) as it were a pill for to purge his apostatisme ( better physick i confesse might have been administred , and more proper ) remitted him up to the committee with this letter . to the right honourable the committee of lords and commons at darby house . my lo : we have seene the instructions from your lordships , to the right hourable the earl of thanet , upon consideration whereof we have thought fit to return this answer to your lordships . that we have cause to believe there are many persons about your lordships , who endeavour to infuse into you very sinister opinions of our proceedings , in relation to the safety of this county at this time : who when we shall be admitted to a fair and equall hearing , will appear to be the greatest disturbers thereof themselves : and that our intentions are free from all other ends than naturall defence , we humbly beseech your lordships to understand , that we are in firme resolution to observe the declaration of the houses ; and for the manner of presenting our petitions and complaints will follow the directions in the said declaration . but saving to our selves alwayes the liberty of preserving the most ancient and inviolate freedomes of this county ; we must desire your lordships to put a faire interpretation upon our purposes of continuing within the safeguard of our armes , till we have assurance from your lordships that the clamours of those above against us , have had no successe in their enraged designes of engaging against this county in bloud and ruine when they finde never so small a diminution of their arbitrary power , so long exercised over us , endeavoured to be taken from them ; not doubting but upon the presentation and faire reception of our petition , and just complaints , the houses will give such seasonable relief therein , as will abundantly discover the inclination of this county to peace and amity . my lords , this is the account we can give you of this county by the hands of the noble lord , the earl of thanet , whom also we have desired to informe your lordships further : that our present posture tends not to offer violence to the parliament ; nor suffer acts willingly unbeseeming our faire intentions ; but doe , and shall take strict care to represse wheresoever ever we finde it , the incensed spirit we see in the people : which , how it hath been raised , we shall in due time be able to make appear . and so we rest my lords , your lordships most humble servants . tho : peyton . john darell . tho : palmer . james hales . tho : hardres . tho : godfrey . geo : newman . ja : newman . tho : courtop . edw : whitton . will : hugesson . rich : lee jun. james darell . r : wilkinson . edw : roberts . phillip ward mayor of rochester thus did this jewish apostat lord fall short of his intended treachery to his lord and master the king , and disloyally to his country : and his supposed glorious designe extinguish'd in a stink , so great , i fear , as will remain fresh in the nostrils of fame , and render him odious to his country to all posterity ; how he savoured in the apprehensions of the committee i know not . yet he hath obtained thus much reward , he hath gotten a fame by it , which he may if he please boast of ; that in it he shall live after death ; but it is no better then that of erostratus , who wilfully set fire to the temple , that he might get to himselfe a fame when he was dead . which will be as due a recompence as so unhandsome and unnaturall apostatisme can deserve . but now on the contrary our resolute engagers resolving to regard no obstructions what ever , any further then to kick it out of the way ; and the time drawing neer to the limitation of the postscript , those from canterbury hasted their march on the munday morning towards rochester both horse and foot : but the march was too tedious , and the men not able to perform it , that day being the time of meeting , and to march away again the next morning towards black-heath ; wherefore the foot marched no farther then sittingborne , where they quartered that night , intending to march on the next morning . but the commissioners and the rest of the gentlemen , with col. hattons horse marched on that night to rochester , ordering their march to a very military conformity . at rochester they met with the gentry of the county from all quarters , in a very great number , as at a generall rendevouze : but the maine body of those men they had drawn together , ( or rather who had drawn themselves together ) for they came in with a voluntary cheerfulnesse , and as cheerfull a resolution ) lay in , and about daertford , as being an advance twenty miles forwards of their next dayes march to the appointed rendevouze . that night came one or two gentlemen out of essex , to treat with the commissioners at rochester ( being then generally met from all parts of the county ) about the association of both counties in that generall engagement , assuring that the whole county of essex would unanimously rise to joyne with them , and desired a meeting of a resected party of the kentish gentlemen , to joyne in a parley some where over the water , with some that should be selected in essex for that purpose , but we being then so neer the period of that time , wherein by our generall engagement we had bound the whole country to meet , and to march towards london , could not joyne in any such thing ; but took the promise of those gentlemen as an assurance , that the county of essex would unanimonsly concurre to rise at the same time to joyne with us in the maine interest ; others came also from surrey to treat on the same termes , promising as great a readinesse of that county to joyne in that association which was received with a great deale of alacrity . but about midnight the same night ( they being to march onwards the next morning ) came down a post with an order from the house of commons to rochester , to the commissioners joyned in that engagement to this purpose ; that , whereas they did understand that the people of kent were comming up to westminster in a tumultuous , and pretended petitionary way , they knew not the intentions of it , and had therefore referred them to treat with the generall the lord fairfax , and the committee of derby-house . this rigorous order of prevention being received and read , in the morning the generall councell being met , the businesse was scand and discust ; for now this graine of paper had quite turned the ballance , and absolutely altered the constitution of the generall interest ; for they could not but believe that the army would advance entirely against them , knowing well enough ( considering the posture the country was in ) what it would be to treat with a conquering and potent adversary , in that inexperienced condition , i meane of a new rais'd and unmodelled body of raw men . whereupon by a generall result , orders were immediately dispatched away to dartford ; and the other places adjacent , where the maine body then quartered and lay upon guard , to march then back to rochester ; having also intelligence within a very short time that the lord fairfax with his maine body was advanceing towards us already : but however upon their retreate left a guard at a place called stone bridge neer gravesend to secure that passe , but they could not long hold it , the enemy ( for so we might easily guesse them to be by this time , by the ceizing all gentlemen and others they met ) comming up so close , although , to say truth , a better order might have been observed in it ; and indeed would , had the party been a formidable body . when they came back to rochester , master mat : carter having received commission of quarter-master generall of all the forces then raised , or to be raised in that county , from the commissioners and gentlemen engaged , received orders from the councell for the quartering them there , whereupon he first caused them to be drawn up by distinct regiments in severall fields ; whereby he was able to take an exact account of the strength of every . regiment , so to know how to dispose of them , and ascertaine the councell of the full number in grosse ; which then he mustred in rank and file compleatly arm'd , seven thousand of the infantry , and as well accoutred , being most of them very sufficient men of ability , and not wanting of as honourable resolutions . the horse not being drawn together , but abroad , the most of them upon severall parties , could not be so well taken notice of . at which time also there were at severall places of the country about three thousand more which never came up to this party , as at canterbury , maidstone , sittingborne , sandwich and dover . this gallant body by his care were equally divided into quarters in rochester , strood , and chatham the horse in villages neer adjacent . and the engagers now began to cling more closely , and taking time by the fore-locke , thought it not good to let slip any minute , lest their hopes and security might be lost with it ; and began more seriously to consider what might most probably advance their safety and honour , knowing that what they were now to trust too was difficult severity of fortune , the army being like enough to fall in suddainly upon them . amongst many considerations , at last they easily concluded , that the next businesse that must be endeavoured , must be to mould that party into a formidable army , and to appoint one particular man to command in chief . for now they were forc'd to stand upon their own guard , to maintain that with the sword which was intended onely in a just and peaceable way , according to the ancient customes of this kingdome . but this is a new liberty of the subject , none of the old i am sure : a sad world when men shall fall deeper into the pit of destruction , by the endeavours of those they supplicate for aid to bring them out ; and who , by naturall , as well as legall alliance , and interest , are bound to assist , and by themselves placed for it . if this be to reforme , heavens blesse all good christians , and loyall subjects from reformation . having now thus resolved , they appointed a rendezvouz the next day at barham downe , some three miles distant from thence towards maidstone : where the lord norwich was proclaimed generall in the head of the army , ( for now being drawn together , they deserved that title ) so gallant a body they were of infantry , who received him with as much cheerfulnesse ; expressing an unparallel'd willingnesse to serve their king , and as much joy that they were so engaged to it , knowing that their service was not onely for him , but the whole kingdomes peace , the recovering of their countries liberty , and the churches tranquility . as it hath been a generall , and as true an observation in all ages and common-wealths , that those that engage in other mens quarrels are more remisse , and unspirited , as knowing that they shall partake in the danger , but not in the victory , since another would receive the greatest and fairest fruit thereof , and arrogate the honour likewise to themselves : whereas they also that take armes for their country , may conceive better hopes that god will prosper them , for that they seek not to take from others , but to keep their own ; and that they fight not for other mens phancies , but their owne defence , whereby the whole benefit of victory will redound to themselves . this rendezvouz being broke up , the army marched again into quarters , though not the same as before , neither by the quarter-master generals laying out ; much , i confesse , contrary to the lord generalls sense or intentions , whose advice it was that it would have been most convenient to lodg them close together , or in the field , it being very faire weather at that time . although i have been informed there are some , who have broach'd a most damnable aspersion on the earl of norwich ; throwing this dirty and odious calumny in the face of his innocent and unspotted fame : that he was the man who betrayed that service to its succeeding destruction ; and that he made it his designe to take that command upon him , that he might the more easily effect that designe , being himself no souldier . and so impudently , or else ignorantly , they proceeded in this ignoble derogation , as to raise a confirmation of it from this conclusion : that had it not been so , he had as well paid the losse of life for his loyall service , as the lord capell , and the earl of holland , &c. first , that his owne designe steered him to that interest , is so palpably false , that it was as absolute an accident as could be , that brought him to rochester , ( as at the first of his comming , and at his being in colchester i have heard him relate my selfe ) being in his journey to sussex , and taking that road to scape the army , who then lay very thick in the other , and who knows not how dangerous it is to travaile amongst them . where when he came , and the commissioners ( just then upon the dispute , whom to invest with that command ) hearing of his arivall , immediatly selected peculiar gentlemen to make a civill addresse unto him , with the tender of that command , and their serious obedience and service with it , as being a peer of the realm , and a man of so known a worth , and a mind so deep and able , as to capacitate him for any great command . whereby he might easily end that strife which so sodainly might have been blown up to a destructive flame , being already kindled by those more then sparks of emulation , in the breast of some gentlemen then interested ; having before with much earnestnesse solicited the duke of richmond , to that no whit dishonourable ( though it might be feared unbeneficiall ) engagement . but his feares turning prophets , dictated to his soul more powerfull arguments for easie denyalls . to which the earle of norwich returned this most courteous answer , ( with as modest an excuse from undertaking so high a concernment in a country where he had so little engagement ) that he was confident the duke would yet engage with his country , being so generally , unanimously , and courageously met , and upon so just , unquestionable , and candid a designe , and that he believed he would undertake the command . for the further advancing whereof , proffered himselfe a solicitor for them to the duke ; which favour they accepted gratefully , and he as willingly performed . and going to cobham to him with his best rethorick , and powerfull perswasions , invited , and courted him to it ; but all to no effect . whereupon the commissioners at his returne still intreating him , and as it were pleading a necessity of it to him , he at the last accepted of it , to the great content , and satisfaction of all the gentry , and commonality too , then met together . but ( as i have heard him declare since ) onely that the army might be modelled , whereby it might be a greater invitation to the duke ; not that he intended afterwards to dissert the service , but continue it , only with an acknowledgment of superiority in the duke , for the better encouragement of the army ; who must of necessity receive so much the more of a vigorous courage , by how much the more nobility , and generous honour , is engaged in their conduct . yet all perswasions proved alike in effect ; by which meanes he became totally engaged . which i thinke ( though he were no soldier ) was then as advantageous ( if heaven had designed it fortunate ) as could be then expected . for through the whole course of the succeeding service , upon any nicety , he did most prudently declare himself , and after his owne opinion layd downe , gave it a reference to a councell of warre , for a more mature and generall result : appearing in his constant actions more a soldier then some of no small name and undertaking , who have so boldly adventured to traduce his loyalty and honour . more confutations , i neither need , nor shall desire to give . now this night the army , ( by perswasion of some at the councell held in the field ( as being indeed more generous spirited gentlemen then experienced polititians , or soldiers ) was quartered at large in the country , the generall and commissioners returned back to rochester , where sir anthony aucher , and master hales left them ; not as some falsely surmise , and give out , because they heard of the enemies advancing ; nor through any discontent as others as idly report ; but upon this account , master hales being of a more noble and virtuous gallantry , then his yeares might speak him to be , living within fifteen miles of rochester , had upon his first engagement , ( as his expression to my hearing ) made a resolution not to see home till he had seene the army in a formidable posture ; according to which resolution he had not , but constantly continued with them till this night , and now having seen the army in such a modell as that daies redevouze and the appointment of a generall rendered it : took it for an absolute solution of his engagement , and resolved that night to goe home onely to accomodate himself the better with mony , and other necessaries for a longer march , and to return the next morning ; so took his leave of the generall , the commissioners , and the rest of the gentlemen , and rid to his house ; and sir anthony aucher , by his earnest entreaty , went along with him , but the misfortunes of the succeeding night obstructed their return . for in the night the lord fairfax , with his whole body , marching downe towards maidstone , and finding the river slightly guarded , about farley bridge beyond the town some two miles , easily got over ; and with a strong party fell upon the towne , ere those within it were almost alarumed ; in which town lay part of sir john maynies , and sir will : brockmans regiments enquartered , that never came to the rendezvouz , consisting of about eight hundred men . the enemy being possessed of that passe , marched over with their whole body , they in the towne not having any true intelligence all the day before of them , or their motion , and fell in upon their out-guards so violently , that within a very short space those in the town were forced to fight upon extraordinary disadvantages ; the enemy so farre exceeding them in number , and the army quartered at such a distance , they could never make a retreat , nor have any relief time enough to assist them . however , their courage was such , as made their enemies know they fought with men so well satisfied in the justice of their cause , as not to be daunted , or startled at the appearance , or apprehension of death , though in never so grim a shape ; but rather like true-borne heroes contemning all danger , and death it self , so they might but bury their misfortunes in the wounds of their surious opposing , and oppressing enemies ; who thinking them no other then a number of men hudled together in a tumultuous manner , because of their being so suddainly gotten together , the whole body being raised within ten dayes ; fell on them with so much violence , as if they had been lyons , and would have devoured them at an instant ; or like a boysterous whirlwind scattered them before them like dust : but much contrary to their expectations , instead of finding a prey , they met with those that were more likely to make a prey of them , whose bold resolutions soone daunted their fury . and these tumultuous disorderly fellowes , as they termed them , they found orderly enough to oppose them ; and although newly raised , yet of courages of the oldest souldiers , selling their lives and liberties at as dear a rate as ever men did ; few of them falling without first dispatching twice as many i am confident , ( and their survivers must confesse it ) to receive their reward of their grand lord and muster , who , i believe , hath ere this paid them their arreares in the other world for their good service in this . this service , ( though unexpected ) grew very smart , and hot , both parties contending which should expresse more valour ; the one defending their lives , disputing their fortification , which were but bare , and thin hedges , with as little thought of danger , or security , as if this had been in an impregnable fort. the foe behaving themselves as gallantly as if they did not think of such a thing as a possibility of being beaten . yet this over-powred party so bravely defended their ground , that ere long them had beaten they off , in such manner that the lord fairfax finding his party in such disorder , even upon a retreat , alighted from his horse , and came on himselfe with them to encourage them on , who were so daunted by the unexpected courage of these defendants , that their disorder was like enough to have much endangered their whole body . but at the last , fresh men still powring their shot in upon them , they were beaten off from their hedges , and forc'd to dispute the losse of their ground from place to place , against an extraordinary disadvantage , the enemies horse now breaking in upon them on all parts , and shewing but little remissenesse in their execution , when they had an opportunity to make any home charge upon them ; yet they left not their courage with their ground , but still disputed the losse of every foot with as clear a courage as if but still beginning to engage ; from street to street , and from porch to porch , often falling upon the enemies horse with onely their swords , in such a generous manner , as they seemed as prodigall of their bloods , as they were of their blowes , which they distributed in a plentifull manner on every one durst stand to receive them ; insomuch , that they put them to as often retreats , by their so handsome and bold encounters ; but being still over-powred by the numerous reserves that continually advanced on them , were enforced still to retreat , till at the last they came to the church-yard , and from thence to the church , quitting not any place dishonourably , or unhandsomely : so that they made the businesse so really hot , and difficult , that i am confident the victors themselves would have wish'd to have rather been without that victory , than to have purchased it at so dear a rate . but this party , after a long fight , were drawne to so hard a push , they were forc'd to capitulate , none comming up to their assistance or reliefe unlesse it were a few scattering men , who hearing them so engaged , though without any order , left their quarters and hudled into this croud of confused destruction , which they were over-whelmed in . and here againe in a cause received , that too many gentlemen conceive sufficient for them to approbriate the generall , as either treacherous , or infinitely negligent in not relieving that party , which as they say might easily have been done . and then in all their discourses they frequently urge , endeavouring thereby to obscure the face of his honour with black shades of infamy . but all cannot do ; his honour is too high flowne , for those short wing'd bastards to reach at , having a soule i am confident as white , with innocent and loyall thoughts , as his head with hairs , and a spirit as active as the boldest he that dares question it : and to cleare him in this , first , although proclaimed generall of that army , yet of so little a date was that title to him , as that he was not so immediately and clearly impowered with the charge of them , and conduct of their interest , as ( like a generall ) to act his owne will immediately in it ; there being as yet too many generalls , or at least ambitious spirits interested , who having formerly a power in the 〈◊〉 of them , had not yet so clearly layd downe their power , they supposed , that nothing must be done ( or at least ought ) without the result of their opinions in it . by whose advice and perswasion the whole body was quartered in the countrey at large ; too wide indeed to be rallyed in any time considerable , or drawn to any rendevouze , what ever occasion might , or should fall out ; as it fell too appearantly true in this . although of my own knowledge it was the advice of the generall , to lodge them all that night in the field by the river side ; which counsell , had the gentlemen of that county observed , the body had remained entire , ready to wait , and receive the enemy upon any motion they should , or could make ; and the river so garded that the enemy could never possibly have forc't any place , passe , or forde of it . but the men are thought weary , and harased off their leggs , ( having indeed marched very tedious marches ) and therefore must have fresh quarters , and large , to revive and refresh their tired spirits ; by which meanes the enemy made an easie passage over the river , without any opposition at all , and the party in the towne quite lost , e're the army or a party considerable for their reliefe could be drawne together to any rendevouze . and yet not only strangers to the businesse ( who indeed ought also to be carefull how they censure , and asperse men of so much honour ) but some whose young soldierships councells were partly the cause , cast the losse of the businesse upon the generall , who i am assured all that night , while constant alarums were sounded in his eares , of their being in fight , did his endeavours to draw parties to a rendevouze from their quarters , to their assistance ; but none could be forced out , at least considerable ; whereupon the next morning early , he caused the army as soone as it was possible to get them together , ( having sent out orders at the first newes of their being in fight at maidstone ) to be drawn up to a rendevouze at finsbury fields , on the other side the river medway , by stroode ; where a councell was called in the field , and upon a report that it was yet possible to relieve them at maidstone , it was a generall result , and desire of the generall , yet to march entire thither . whereupon the whole army marched through rochester , it being the resolution of the generall if it were yet possible to relieve them or to fight the whole army of the enemy . but he had not marched two miles , when certaine intelligence came , that they were all cut off , and taken prisoners the night before early ; though many of them came up to the army afterwards having made their escape . upon this intelligence the army was marched back againe to rochester ; where the generall with the commissioners betooke themselves to their councells againe , to consult what was best to be done in that condition ; the parliament having before hand refused to receive their petition , and the enemy already entred the very bowells of their country , and a party roaving about , and making a prey of their estates , and friends . for one major osborne an officer of the parliaments with a troope of horse , was before wheeled downe about ashford , and so towards sittingborne , whereupon col. hammon was ordered to stay with his regiment at sittingborne , and col. hatton marched back with his horse , and liting on this troope of the enemies , chared them , where major sumner was kil'd , and one or two gentlemen more wounded . upon which sir rich : hardres was againe entreated back , by the commissioners , into east-kent to raise the rest of the country , and to take care for the securing of canterbury and the other townes . sir michaell lusey was also raising all he could make , this major osborne with his troop securing him in it ; by which meanes the whole country began to seeme with a face of an absolute seat of warre . but now the courage of the soldiery at rochester was such , as would not admit the generall time enough to resolve on any thing , being then at consultation what course to steere ; for though the weather were such as would have envited them rather , to desire the shelter of the towne , then to expose themselves to such an extremity of raine , as then showered downe ; yet they were so desirous and greedy of action , as almost tended to mutiny ; for drawing out their collours themselves caused their drums to beat , saying ; if their officers would not march , they would both march and fight without them . whereupon the earle of norwich commanded them to be drawn into the field to a rendevouze in the same place as before ; not being yet resolved which way to contrive the laying of his designe to the best advantage ; for he would act nothing without the absolute conclusion of the councell , in which was now included many able soldiers , which came in from severall parts to joyne and engage with us , more indeed there came then the present condition of the county would permit accommodation to : which gave an occasion to divers gentlemen to thinke themselves disrespected , wanting horse , and other conveniences for warre , by reason of their comming down from london by water , and unprovided : but indeed the county at that time could not yeeld so many horse as was supposed it would , therefore they could not be furnished for the present , but order was given by the commissioners for their civill treatment , and an ordinary provided at the county charge for them , that they might continue on free quarter with promise of the furniture of all accoutriment answerable to their quality , as opportunity would give leave : master hales also out of his owne purse presented a party of them that most wanted for the present , with thirty pound to be distributed amongst them . now it had beene the advice of some to plant the army in that place , and by fortifying that city to maintaine it as long as they could ; but this young millitary policy was not liked by some , who better understood that the generall engagement concerned action , and not to lie still under a passive designe , besides that towne was not to be maintained , though some thinke it was , by reason of that river which of it selfe was a fortification to one part of the towne . wherefore now comming into the field , the generall called again the chief officers of the army and gentlemen to counsell ; where it was a great dispute , and the onely now , whether they should march on towards london in the prosecution of the intended designe , according to the engagement , or march back to fight the enemy who was wildly roaving , and raving in the very heart of their country ; and by joyning with those in east-kent strengthen their force , and either fight the enemy or secure that county : but it was not long , e're they concluded to march on ; knowing that though their body of infantry was strong enough for to give the enemy a field , if occasion should require it ; yet the horse was so weak as not to enable them to any fight at all , having not two hundred horse they durst put any confidence in ; and for joyning with those in east-kent , they were strong enough , or would be , of themselves ; besides , they knew , that if they marched backwards , the enemy would certainly draw down more powerfully upon them ; and forcing them to retreat into a corner of the country , take off all hopes of any assistance from any other county , which they expected , according to the association agreed on betwixt surrey , essex , and themselves . and if they marched on , they should draw the army after them : and by drawing nearer those two counties be both an encouragement , and assistance to draw them together ; who once joyning with them , would make so great a body , as in all probability would be formidable to the enemies ; for now they were forc'd by that violence , into an absolute defensive war. this being the result of the councell , we immediately marched from the rendezvouz towards dartford ; onely colonell d. wyles with his regiment ( some of them being gone before ) marched away towards east-kent ; which regiment was full upon muster twelve hundred men . colonell hammons of foot lying about sittingborne , feversham , were ordered by the generall to march back to canterbury , to strengthen that place , and never came up to the rendezvouze at all . about midnight we came to dartford , where the generall caused a letter to be drawne up , and sent to the mayor , aldermen , and common councell of the city of london , to give them notice of our march that way , as also of our intentions . desiring withall , that if it might be , we might have their assistance , which we hoped for , having treated before with them : or at least wise that if we might not have their assistance , yet that they would permit us to march through the city of westminster without interruption , or resistance . engaging the whole counties security for theirs that they should not thereby be endamaged the least mite . but they ( like a dogge to his vomit ) turned to their old course of parliament service ; and no sooner received the letter , but immediately instead of returning a civill answer to the generall , dispatch'd it away to the speaker of the house unbroke up . however , we knew nothing thereof till the next evening ; so we marched on all that night , and the next day without any refreshment , or repose at all . the next day about noone we came to greenwich , where the generall drew the whole army into the park , expecting to receive some good satisfaction from the city , as also from surrey , southwark , and essex . but we found but small encouragement , or reason for the continuance of those hopes , receiving no intelligence from surrey , nor any newes of appearance of men for our assistance , either from thence , or any other place . london we heard had shut , and guarded their ports against us ; onely there came a gentleman out of southwark , as he sayed , who comming to the quarter-master generall , assured him , that if the generall would send any considerable party into the burrough of southwark for their assistance , that they would unanimously rise and joyne with us ; which he acquainted the lord generall with , and returned him this answer : that in regard he was a stranger , and not known , he must not expect a party should be adventured upon his bare assertion ; but if he would returne to those gentlemen of the burrough that he said employed him , and that any of the principle men would engage to what he promised , that then they should have what party they should desire . with which answer he returned , but never came againe . there came a gentleman also out of essex , who assured the generall that the county was up for to joyne with us , ( which was more then we expected , having heard contrary newes before at our first comming to the park , or afterwards found trne ) and that about bow there were two thousand men in armes , and more at chelmesford : upon which intelligence the generall ( earnestly intending the prosecution of what he had undertaken ) cross'd the water in the ferry-boat with his horse , and went over privately into essex himself , not carrying one servant with him , intending onely to goe to stratford , or bow , where his intelligence assured him a body was gotten together , to assure himself of the truth of it , and to returne ; and in case it proved not true , to steer some other designe with the army : but if he should finde the country in so good posture as his intelligencer related , upon his returne to provide boates , and to conduct the army safe over to joyne with them . leaving sir william compton with the charge of the army then major generall , by whose appointment provision of bread , beere , and cheese , was brought into the parke : though it proved a great difficulty to procure it in that towne , not being very well furnished for its owne store . but now our party began to be much weakned from what it was two dayes before , and no assurance of any aide appearing , and we absolutely frustrated of our designe , of marching through the city to westminster : our condition began to seeme something desperate , not knowing what to trust to , besides gods providence : for we were not able to fight with any hopes of victory , or successe , if they had followed us , although so great a resolution was still amongst us , that had an army double the enemies engaged us , it would have proved something of a difficulty to have vanquisht us . now the night being come , and the generall not returned , according to expectation ; which he could not doe , for finding no party stirring at bow , or stratford , he made no stay till he came to chelmsford , because he would assure to himselfe a certainty of the condition of that county ere he returned , which would be the next morning . there being no possibility of procuring boats for the transporting such a number of men over the river in the night , which was the next hopes we had left , some timerous spirits began to steale away , which put such a distraction amongst the whole party , as every man was almost in an amazed confusion . to advance which disorder , one riding into the park in the darke of the night , told the soldiers , that they were in very great danger , and that their officers wisht them to shift for themselves ; no man regarding what he was , nor demanding his reason ; which so amused the soldiers that heard it , and so aggravated the distraction ( although no enemy were neere ) then many began to shift for themselves , and procuring the ferry boat wafted over to the isle of dogge as they thought for their absolute security . some also endeavouring it , and being got into , were againe forced back by other soldiers , who exclaiming upon them for running away , threatned to fire at them if they should offer to stirre off the shore with their boat . thus did this hopefully well-ordered businesse suddainly suffer under the unconstant humour of fortune , to the greatest change that ever was . but all men are naturally subject to change , and therefore ought to be the more cautious in prosperity and resolute in change ; for too much security in the one precipitates to the other , and too much dejection and remissenesse in the other hurles into despaite ; to destruction . at last this causlesse , and unlook'd for distraction begat in some a pannick fear , in others a mad fury ; so that every man began to shift for himselfe , and hunt out for his owne security , being doubtfull of it almost in every place ; but as a thing designed by an extraordinary providentiall power of that all-powerfull divinity that always prevents misfortunes , and so gives life to future ; actions , especially such as are ground in religious honour , though in a disorderly rout , throwing themselves into the very mouth of destruction ( who else might have been secure enough , had they remained till the generalls returne where he left them ) the greatest part of the foot , and some few of the horse at severall places transported themselves over the river of thames , no man knowing what would be the event of their rashnesse , nor able almost to give a reason for what they did in it , or if any , but a supposititious one , though it proved lucky enough : for had we remain'd there till the generalls return , according to the condition he found the essexians in , he would hardly , in reason , have laid the scean of his designe that way ; by which means we had likely , not only have lost that service which afterwards hapned , but have fallen in an instant , and in much lesse honour . but this rashnesse had been ill enough too , had not the great and all-seeing soul of nature inlivened our then almost dead fortunes by a miraculous guidance through that gulf of mischief we were then plunged into , and as before strangely , and unexpectedly brought us together , so now as providentiall conducted us through a misery as great , and else , unevitably ruinous . for having thus confusedly , as it were , throwne our selves over to the other side of the thames for our further safety , ( in that fear where indeed no danger was ) we had no sooner landed , but supposing our selves to have been in essex , where then our only hopes had fixt their anchors ; but we unexpectedly understood that we were in midlesex , under the hamlets of the tower , and posting to absolute ruine ; like that unfortunate vessell , that seeking to avoid the fatall rock of scylla , plung'd her self into the more desperate gulph of charibdis . here ( by the appointment of the house ) lay a regiment of hamletteers of the tower drawne up to their armes in severall guards , ready to receive , and cut us off at our landing , which might easily enough have been performed , considering the disorder we were then in ; every man marching according to his owne phancy , and comming up from the river sides at severall places and wayes : yet all , at it were by a strange sympathy , steering one and the same course . but sir will : compton ( a man truly noble , and more compleat in gallantry , virtue and honour , than yeers ) having first discovered this plotted mischief , and perceiving the ruine we were running blind-fold into : as supposing it the best course in that condition , treated with them for the whole party before he would permit any man almost to march in amongst them . by which means conditions were drawn , and signed between him , and the officers in chief of the regiment : which were , that all our foot should , upon laying downe their armes , depart to their own homes , or where they pleased quietly , without any violence , or molestation offered to them . and all gentlemen , and officers , with their horses , and armes , to march where they pleased also without any disturbance . but those conditions were soon as almost broke , as made ; for , before the foot came up , some gentlemen marching through their guards , had their horses and armes both taken from them by the major of the regiment , by whom the articles on their party were signed . then the foot , and a greater number of gentlemen , by their easie march comming up together ; and understanding what was done , and how unlikely they were to keep articles when they should lie unarmed at their mercy , that had so unworthily begun , and so soone broke them , marching through two or three guards , no man being permitted to passe any by-way , by reason of the easie march the gentlemen made , the foot came closer up ; so that they hop'd the better to avoid abuses of those who began already to scoffe and fleere at us . and considering what a condition an inauspicious fate had reduced us to , and how these gallants had broken conditions ; we began to think of some other way then so lamely disband , and submit our selves by such worthlesse boores , ( who understood not so much honour ( i except the chiefest of them ) as to know what was meant by drawing , and signing articles of conditions ) and so began to sift out the disposition of the private souldiers , who we soone found so resolute as to expresse themselves rather desirous to die there , in the bed of honour , than to survive such an infamous misfortune , and live slaves all the dayes of their lives after . this bold resolution proved now the happy guide to a better fate ; and all concluded to make a second dispute for conditions , and charge through them . and being now in the midst of them , every man provided himselfe accordingly , the foot all lighting their matches , and the gentlemen drawing their pistols , began to alter the constitution of our fleering hamletteers , who left their vanity of jeering , and so we marched on from gaurd , to gaurd , through the midst of them , as moving to the place of disbanding , where we expected an opposition , and as much resolv'd to force through it ; but that proved the last and utmost guard just at bow towne . but now they beholding us marching in this resolute manner , and still moulding our selves into better order , were absolutely dasht from a thought of opposition ; so we marched on without the least affront till we came to bow-bridge , where we supposed was the place for our disbanding : at the other end of which bridge was a turne-pike strongly guarded with musketteers , and having entred upon the bridge , we made a stand to parly with them ; but after a very short discourse being asked whether they were friends , or foes , we were answered from them , friends ; whereupon we replyed , if you are friends let your turne-pike be opened ; so they opened their turne-pike , and with a very great shout let us in . and now we were in essex . so we marched cleere through these hamletteeres , and carryed away the major prisoner , and another officer ; but afterwards , upon their parolls , they were suffered to goe to london , but never returned againe according to their engagements , by which also you may guesse how much honour they had in them ; so we marched on still till we came to stratford . here we met with the generall againe , returning backe to us , expecting to have found us in the same posture he left us in the parke at greenwich : but understanding the carriage of the businesse , and what had fallen out , was much troubled at it , and knowing the long and tedious marches they had made , and the precedent nights actions , could not permit them any repose ; nor that they had received any refreshment for two nights , and that the third day . immediately gave command for the drawing them up into order , and by planting on the green , to procure such refreshment as the place would afford for the present , ere we marched any further . and here was a providence in all this unhappinesse , had we received the least affront or opposition by these hamletteers , or by any obstruction been hindred never so little time , we had beene absolutely cut off ; or had we been disbanded , we had beene as sodainly ruined ; for we had no sooner marched over the bridge , and scarce drawne up , but we received a very strong alarum by a party of col. whalies horse ; who , as it was conceived , came thither purposely upon the intelligence that we were to disband , to make a prey of us when we were naked ; and by surprising us , make what spoile they pleased with the private soldiers , and take all the gentlemen prisoners ; but by gods assisting providence that was prevented ; and now they fell on thinking to have beat us off from our guards by their sight onely , so they marched on a full carreer ( having laid an ambuscade of dragoones to secure their retreate ) as if they would have destroyed us in a minute , which indeed had been facile enough had we been as tame as they supposed we had beene , and had not the gentlemen bestirred themselves couragiously ; but now we were awakned againe by this alarum , and roused from the drowsie spirit that possest every man almost , if he but sat downe , or still on horseback ; and drawing out a party of foot to strengthen the guard , rallyed a party of horse to a number of thirty , and marching forth the turne-pike , gave them such a home charge , that so started them , as it put them to such a perfect rout in an instant , and kill'd and wounded many of them ; which succesful action gave life to our defatigated spirits , and encouraged our party so , that they followed the pursuit as far as milend-greene ; but by that meanes fell into their ambuscade , who fired upon them from the hedges , so they were forced to make as much speed in retreating , though none pursued . in which service only one gentleman , a grecian , being shot by the dragooners was left behind about the green , and in the charge cap. john lynne cut over the chin , and over the brest , which was all the hurt we sustained in it . but although our pursuit continued no further , yet the enemy kept on their flight in that disorder , no body following them , till they came to white . chappell ; which , as i was informed , gave an alarum to the whole city , as farre as temple-barre . but now the hamletteeres began againe to oppose us , but were as soone forc't to take sanctuary in bow church , where we surrounded them with a party of horse and foote , and put them to treate with us for a quiet returning home to their owne houses , engaging themselves never to oppose us againe . thus was there a convertible change of various fortune in two opposite parties , in lesse then two houres space . after this our party again retired within the turn-pike ; and strong guards commanded on all passes and fords about the river , and on all high-waies and avenewes , for hindring the enemy from making incursions upon us , who were againe calling and drawing up a strong guard at milend-greene , both of horse and dragoones . but after all this , our party resting a little began to take heart againe , as thinking themselves secure from any opposition or inconveniencie , being amongst our professed friends ; when our condition gave another reverse , and was like to change for the worse , then ever before : for after he had run through so many difficulties , and wearied out with so tedious marches , our soldiers ready almost to fall downe in the street for want of foode to sustaine them : we were like to fall into another encounter with adverse fortune . the generall , notwithstanding his great age , which might easily have dis-inabled him from such toyle , yet as if he had beene absolutely indefatigable , or else miraculously nourisht , ( not receiving almost any rest or sleepe , for the space of foure daies , and three nights , and yet not seeming to want any ) posted immediately away againe to chelmsford , where the gentry of the country were met ; giving order for the quartering that shattered army in stratford till further orders from him . but when quarter-master generall carter had sent for the constable , and given him orders accordingly : the constable seeming to goe about in obedience to his warrant ( whilst by some other gentlemen he was civilly , and honourably treated as a stranger ) makes no long stay ere he returned againe , accompanied with three or four burly gentlemen , ( as i conceive justices of peace of that part of the country ) who making it their businesse , began to question the quarter-master generall of his authority of quartering an army in that country , intimating that they were all quiet before , and at peace amongst themselves , and with the parliament ; and that the parliament had granted them what they desired , and had sent them an act of indempnity : but we bringing an army into their county , should draw down the parliaments army upon them , and make it a seat of warre ; and they could not any way condescend that we should fix a quarter there , it being no way for their safety , but like to prove the readiest way to their destruction . cheerfull expressions to men that had run through so many hazards , and confused difficulties . having let our own country to the cruelty of a most barbarous and mercilesse enemy , to come as by an abolute associated engagement to their assistance ; whereby we hoped to be strong enough to break the bonds , and tear off the shackles from our most inhumanly imprisoned soveraign , and unnaturally enslaved country-men ; and now no sooner entred the confines of their county ( from whence so many publick declarations of their loyall and sincere intentions had flowne abroad throughout the kingdom ) and so late checked the insolence of the proud enemy , and beaten them off from forcing a violent incursion upon it , and to have such an unexpected welcome , was too harsh , and severe , and might have proved very mischievous , if resented by the inferiour sort of the army , whose fury knowes little , or no more , when enflamed with so just a discontent . but the quarter-master generall returned them this answer in short : that for the power by which he quartered that army , it was by commission from the generall , and that he quartered them in that place by immediate command also from him : but for our comming into that country , it concerned him not to dispute it ; neither could he give any other account then the engagement between both counties , and the generall , the earl of norwich : but if they should desire any further satisfaction , to their desires , they must receive it from the lord generall himselfe . but the generall being gone to chelmsford , sir will : compton being major generall , hearing of this dispute , came also to them , and gave the like satisfaction , but would not long dispute the businesse with them , knowing nothing at all of them , nor by what authority they were empowred to make those interrogatories . and now our blouds being hardly coole , since the last affront , when heated again by this new , and the consideration of the sad successe of our so just , and honourable designes , almost boyling to fury , resolved to quarter there till we should againe receive orders from the generall ; and then ( in case the businesse of the country should prove so , contrary to our hopes , and the expectations of the whole kingdome , as to answer the expressions of those men of beliall ) to march on , forcing our way through all obstructions , till we should find a party to joyne with , or be destroyed in the field ; that we might thereby win an honourable liberty , or tombe . here we quartered till wednesday in the afternoon , it being sunday morning when we came thither , still keeping the enemy in some play , who lay with their guards within half a mile of us , and their scouts still pekiering with us at bow townes end . all which time the earl of norwich continued at chelmsford , agitating the businesse with the gentlemen of the county ; and minding to what it would turne there , who had not long before put forth this declaratory engagement . the engagement , or declaration of the grand jury , free holders , and other inhabitants of the county of essex , in prosecution of their late petition presented to both houses . we the grand jury , free-holders , and other the inhabitants of the said county in the prosecution of the said petition , doe engage our selves one to another , and declare , 1. that we will not pay any more exoise , or other taxes , till all the desires expressed in our said petition be obtained by us . 2. that we will admit of no souldiers to come into our county but such as agree with us in our said petition , and in this engagement . 3. that we will imploy our utmost endeavours to preserve and defend our royall king charles , his kingly government ; the subjects liberty , and the known lawes of this kingdome : that is to say , the common , and statute lawes , and will never submit our selves to any other kind of lawes , much lesse to any arbitrary power whatsoever . 4. that we will protect , and defend one another , and all that shall adhere to us in the pursuance , performance , and keeping of this engagement : and that if any inhabitant of our county shall refuse to joyne with us herein , we shall esteeme him a person dis-affected to the peace and welfare of the same . but notwithstanding this engagement , they were yet backward enough in prosecuting any thing to the purpose , in answer to their petition , or association here . when his excellency came , he found the greatest part of the gentry of the county met ; but all business so dis-joyn'd , and so strangely confused , as there seemed almost an impossibility of any good to proceed from that so high engagement , and mountainous conception : and our party consequently left ( as inconsiderable ) to be cut in pieces by a most cruell enemy , who had already possessed themselves of our whole country ; ruin'd our friends , made lavish havock of our estates : and having proclaimed us traytors for comming thither for their assistance , would prove as undoubtedly prodigall of our lives , if ever we should fall under their power . the distraction indeed was so great , that the gentlemen , and commoners , who came there with reall intention to prosecute their petition , and engagement , were likely to have been dispersed in lesse time then they were in coming together ; capt. lin of that country had once before raised a thousand men , which were immediately dispers'd . an order of indempnity being read in the head of them by colonel farre , which the committee of the county so pressed to them , that they went all quietly home . and now were as active in their indeavours for the ruine of the maine interest of that designe ; as indeed it concern'd them enough , for they knew the prosperity of loyalty is destruction of rebellion : i leave them to make the application . they were so active in their machivilian stratagems for countermining all policy against them , as that charles lucas being there urgently tending upon the designe , and many other gentlemen with carefull diligence for the advancement of the king , and countries liberty , ( it being the sole and generall end , both they and we really intended , and the sole reward of our actions we all aimed at ; and consequently prosecuted secuted all circumstantiall opportunities which we conceived conducing to it , that at last , though by the hazard of a warre , we might generally attaine to the happy blessing of an honourable and lasting peace ) thought it their best course in that distraction to depart privately forth the town , lest some unexpected inconveniency might take hold on their persons , if once it had over-whelmed the generall interest , as now they began to fear would be , absolutely dispairing of any good at all . but some of the country gentlemen then got together in the town , and by chance meeting them , desired sir charles lucas that he would not goe away so , but let the committee doe what they would , they were sensible enough how they had ruined and undone them , and they would be abused no longer by them ; but if he would be pleased to draw them out into the field , and stay with them , they would one and all engage with him , and live and die in that engagement , according to the intention of their meeting together , having resolved not to returne till they had performed something . this suddaine change in a little time proved very violent , as it is commonly scene in all things ; so they immediately drew into the field , and seiz'd on the committee , and were so furiously incenst against them , that some of them would have kill'd them immediately , had not some gentlemen rescued them , & pacified the others fury , and afterwards placed a guard over them ; for now they were resolved , that since they had actively engaged themselves , they would be no more obstructed in their prosecution by those grand opposers ; who they well understood would be active enough in their endeavours , for the destruction of that designe , ( if at liberty ) and the ruin of the actors in it , being right-becked committee-men of the parliaments own bringing up , as appeared afterwards by sir tho : honywood , who being at liberty , and at his own house at coxwell , alwayes an enemy to the king and kingdome , made himselfe appear so really now , by raising both horse and foot , as many , as by his power he could draw together , either for love , or fear , and made his house a garrison to oppose the county ( as much in him lay ) in their proceedings in that designe ; but his party proved so inconsiderable then , as it could doe but little injury . the businesse comming to this height , his excellence the lord norwich sent his orders to sir william compton , to march away towards chelmsford ; so we marched away from stratford with our whole party , which by this time was well recruited by many of our men that came up , and divers prentices from london , who came daily in and listed themselves ; and about wensday night we met the generall at rumford , but the enemy marching after us , so obstructed our march by alaruming us in the reare , that the whole body could not get up till the next morning ; though the enemy durst not adventure in all the march to fall on upon the reare guard . the next day being the eight of june , we marched on towards burntwood , whither sir charles lucas was advanced with a party both of horse , and foot , to joyne with us : and having intelligence , how the enemy followed us with alarums in our reare , commanded forth all the horse that were then in the towne to assist us ; so we marched up , and quartered that night at brentwood ; and the next day being the ninth , we marched on to chelmsford , where the lord capell , the lord loughborow and divers gentlemen of quality 〈◊〉 hartfordshire , and other counties , came in to joyn also with us ; which gave a great encouragement to our army . there came in a party also of gentlemen consisting of about fifty , who entering their combination in london made their rendevouze at hideparke corner , and marching all night , the night before intended to beate up a quarter of the enemies at epping ( being in their way ) but the party was drawne out by chance hard by the towne , upon some other designe , so they were disappointed of their strategem ; but though they found them ready drawne up in order , yet unexpecting any affront ( not thinking of any enemy ) they marched up , and being well horst charged through them , and the next day came up to us , having lost only one man , and one horse ; but the horse being a gallant one and taken by a country-man , was recovered againe , the gentleman that lost him comming off afterwards , went out with a party and fetcht that man in , and so regained him . that afternoone both parties of kentish , and essex , were drawne out to a rendevouze in newhall parke neere the towne , belonging to the duke of buckingham , which generall meeting gave much encouragement to both parties . where the generall and sir charles lucas joyning in consultation the gentlemen of both counties also , that by a unity in the engagement , as well as the interest , there might be greater hopes of prosperous successe . at which councell it was once a generall result to have marched away immediately , and fallen upon the party of sir tho : honywoods at coxwell ; but upon a more serious deliberation otherwise resolved on , and orders given out for the quartering in the towne that night ; but this party of coxwell disincouraged the country that they began now to be very slack in their apearance to joyne , in relation to what they were before ; not only by reason of sir thomas honywoods activenesse , but because of the enemies entring also into the country with their whole body . saturday the tenth we marched on towards brantree , but tooke leeds house in our march , belonging to the earle of warwick , where we were like to have beene opposed by some people who were purposely placed there , and upon the quartermastergeneralls comming thither to secure it from the violence of the soldiers , refused to open their gates , being about twelve or more men with fire-armes and two drakes , saying that they were placed there for the securing that house , and they would rather die , then deliver it up to be plundered tamely . but being afterwards by some parley informed that the generall himself was coming , and that the quartermaster generall was commanded before to secure them from injury ; they gave him entrance with some other gentlemen , believing it was but little boote for them to dispute with an army : about noone the generall and sir charles lucas came , and haviug first dined there , ceised on the armory , where they found a good magazineboth of armes and ammunition of all sorts ; so we carried from thence the two brasse field peeces , and about two or three hundred muskets , and as many pikes , with about 60. great sadles , and body armes proportionable to them , and some pistols and carbines ; and a good proportion of match and ball , with divers other instruments and furniture of warre ; but many of the sadles we left behinde for want of carriages for them . here we rendevouzed all the afternoone , till towards night in the parke beyond the house ; the enemy of rendevouzing also with a party of theirs very neer the other side , and that night in the parke ; but adventured not to appeare all that day in sight of our army . there was a party of horse also came in to us upon the march , ( which along time we supposed an enemy ) from hartfordshire and bedfordshire consisting of about sixe score . from thence we marched forwards , and quartered that night at braintree . where the next day being sunday , both parties were drawne into the field in the forenoone to rendevouze : and after prayers all the gentlemen that were in the army , were drawne into troopes , under the command of the lord norwich , lord capell , and the lord loughborow , and sir charles lucas ; that they might not only know to dispose of themselves upon any occasion of alarum ; but being in order it would be a great conveniencie , for disposing them into quarters upon every remove . about nine of the clock at night we marched from thence ; and continued our march all that night , making onely one halt about daybreake , till the next day about fower of the clock in the afternoone ; about which time we drew neere colchester , whither at a councell the night before , upon sir charles lucas his desire , and beliefe of recruiting very much there , they concluded to march , but not to stay above one night or two at the most , and therefore moved in the night to amuse the enemy that they might not to sodainly follow us ; and being within five or six miles of the towne , a party was sent before towards it , for sir charles lucas had received intellithat they would not receive him in armes ; then himself , with some other gentlemen , marched onwards before the army , after that party was marched away : but ere the quarter-master generall left them to goe to the town , came intelligence from the party , that the towne stood upon their guard , and were so far from giving entrance to our party , as that they opposed them , and were too strong for them : at which newes sir charles , and the gentlemen with him , set spur to their horses , and hasted on with a full speed till they came within sight of the towne , and comming neere , they found that they had shut their gates , and drawn out about sixty horse in a very formall troop , well arm'd and accoutred ; some of their scouts being without the turn-pike by the almes houses , then sir charles made a stop to send back a messenger to the army to hasten their march ; but some four or five gentlemen keeping on their speed , drew their swords onely , and charged up to them , and forc'd them within their turn-pike ; so they retreated on the head gate , where their whole troop was drawne up in order ; and the gentlemen retreated againe towards the turn-pike , but some of them , as they retreated , fell in amongst the gentlemen , yet never fired a pistoll till they came out of the turn-pike againe , then one of the gentlemen turning quick about shot one of them , and he fell from his horse . but when they perceived the body of the army comming , and that sir charles lucas had drawn up two or three troopes of horse very neer them , they sent out to treat with him ; and upon his engagement that the town should not be plundred , nor any injury offered them for what they had done , they submitted themselves , and engaged to deliver up their horse , and armes , with the towne ; so the gates were opened , and the army quartered that night in the town . the next day being tuesday , june 13. about noone we received a very strong alarum , and that the enemy was advanced within a mile of the town ; and indeed by that time we could provide parties to send forth , their forlornes were engaged with our out-guards in the suburbs ; which guardes were immediately doubled , and it was not long ere we were as ready to receive them , as they to assault us : our men being drawne up to their colours , fresh parties were sent out to assist the guards , both of horse and foot ; and the enemy came on as strongly on all parts of that side the town next lexden , and fir'd up to the very hedges and guards of our foot , but were as furiously opposed , till at the last some of the guardes wanting ammunition to maintain the heat of the service , about the almes houses , and the house called grimstones house , were over-powred with the number of men that threw in their shot like haile upon them , and so forc'd to retreat , and gave the enemy the liberty of all that ground . which retreat gave them also advantage of falling upon our other guards neer sheere-gate ; whereupon the out-guards were ordered to retreat within the town ; it being the best policy to take the greatest advantage in opposing an enemy , were an army double the enemies strength : but ere this retreate could be made ; and the guards drawne within the gates , that dispute grew close , and very hot ; the enemy comming on so violently , that it was much difficulty to maintaine any ground against them , yet were they still as resolutely opposed , so that it was as hard a matter to judge whether shewed more courage , the enemy in assailing , or our party in defending . now we being forc't to a retreat , although as much out of policy , as danger , gave an enencouragement to the enemy to prosecute their charge upon us , as thinking themselves more then halfe victors already , and that they should in short time make themselves masters both of the town and us . but this new and scarcely flesht army of country men , added fire to the heat of the service , in such a height , and with so undaunted a resolution , far contrary to the enemies expectation , although they had received an experimentall knowledge of them at maidestone , that many of them could not digest it , but left their bodies in the streets , and hedges , as infallible witnesses of what was done ; yauning out their soules to receive their arreares , in another world , for their so religious rebellion in this . many of their dead bodies they threw into wells , some they buried in ditches , many they carried off ; yet left so many behind , upon the place , that by some relations we received from the country , of the condition of their army the next day , and the account we had of many of their soldiers , that came voluntarily in to us ; we could not believe that they lost lesse then seven hundred men ; col. needham and diverse others of their prime officers being also kild , besides many which were wounded , and above one hundred and thirty prisoners , taken and brought into the towne ; for having retired within the walls , our shot fell so thick in amongst them , they could not long abide it ; but after a seven or eight howers fight were so gauld , that they were forc't to a dishonourable retreate , leaving behind them one brasse peice of ordnance ( which they brought to force the gate ) twelve of their traine horses being shot within twenty yards space of ground , and about five hundred armes , which the next morning were brought into the towne . their retreat was in such distraction , that had we sallyed out with a fresh party upon them , as was once intended , we had cut their whole army off , or the greatest part , as many of their own acknowledged . i must confesse i never yet saw any men fight with a more gallant resolution , and courage , then those men did , although raw country men , as they could not but do indeed , having so rare presidents , in so honourable personages , as those lords and gentlemen under whose conduct they were brought thither , and under whose command they then fought , who ceased not themselves to act the duty of the meanest and most inferiour officers , or run the hazard of the privatest souldier ; but took pikes in their hands , when their horses were not of immediate service , as well for the maintenance of their ground , as to give encouragement to the more inferiour sort lest by unusuall heat of the service they might grow slow , and dull in the performance of their duty to the utmost : the lord capell charging at head-gate ( where the enemy was most pressing ) with a pike , till the gate could be shut , which at the last was but pind with his cane . the enemy still gallantly enough too , ( to give them their due ) endeavouring to force their entrance in upon us , adventured on so farre as to fire under the gate , and oft times to throw stones over . in this service we lost sir william campion and col. cooke , men of incomparable and unblemisht honor , both receiving mortall shots upon the first charge in the suburbs , and one lieftenant , and about thirty or forty private souldiers , though many more were wounded sir william layton , though not interested in any immediate command in the army , yet of so high and noble a soul , as could not admit of a private ingagement , in so generall a designe , took the charge of an out-guard , and endeavouring to make his retreat , when he perceived the enemy possest of so much of our ground as to get between him and home , was unfortunately shot in the foot ; so that ere he could recover the gate , it was shut , and the enemy intermixt with his party ; so that he could by no means escape being taken ; but by chance , by a souldier that had formerly served four year under him , in the kings service , and in his own company ; who upon the service , knowing him , came to him , and would have carried him off , but was forc'd by reason of the shot that came so thick in upon them from the town , to run away and leave him ; but though he were very neer , yet had lost so much blood , and was grown so stiff , he could not shift for himself : after a while , the souldier coming again , carried him off , and rescued him from the most inhumane usage of other souldiers ; which souldier afterwards proved very officious also to him , and upon the receipt of the next pay to conduct him home , left the army upon the unchristian demeanours he observed amongst them . lievtenant colonell george rawlins , commanding another out-guard on that part of the town , was also surprised ere he could make his retreat , and about forty foot souldiers ; so that in all were taken of ours about fourscore prisoners ; but many of them that were taken , upon their distracted retreat got from them again , and came safe into the town . but night coming on , and it proving very dark , was an oportunity for them to steal a retreat ; but ere they drew off , set fire on some houses neer to head gate ; hoping therby that the wind would so force the fire inwards , that it should burn the whole town ; but the diligence of the souldiers proved as great in defending it from fire , as before from plunder and the sword , guarding it from an enemy mercilesse in the one , and insatiable in the other , as the suburbs in the town can well witnesse ; where although poor people were so little indamaging them , or assisting us , that they rather seemed to oppose us , not only in our coming thither , but in all we did there ; yet the next morning we found scarce one house unplundered , from the one end to the other , and many poor men dead in their houses , and women and children fled . amongst the rest my self by chance recevied this account the next morning by break of day : just over against the almes-houses lived a poor weaver , where i chanc'd to ride by , and finding a poor woman very heavily 〈◊〉 her self , and in so lamentable a nature , could not but demand the cause of so much grief ; whereupon she answered me , that the last night , some of the souldiers that fought against the town came violently into her house , and took what they pleased ; and that they were no sooner gone , but more came in , and not finding any thing in the house left that pleased them , came to her husband in the loom at work , and demanded money of him , who told them , that he had been worth but a little before in the house , and what he had , the souldiers that came before them had taken from him , excepting only some small sum he had in his purse , which he would willingly give them if they would be fatisfied with it ; but it not answering their expectations , no more would they answer his desires , but told him he was a cavalier rogue , and had more money , which they would have or kill him ; both which he denying , one of them shot him through the body , so that he immediately died ; at which noise his son coming in , they fell to cutting of him , and had so cruelly wounded him , that he lay more likely to die then live . now having thus made their retreat in the night , the next morning they drew back to lexden , a village about a mile from the town , where they fell immediatly to work , and cast up a fort just upon the high-way to secure the head-quarters , and barricado's crosse all the high-way ; here they lay about two dayes still ; then approaching neerer , in the night cast up another fort in that road towards the town , where they placed a guard ; and the next night they entred ground upon the hill called the warren , and placed a strong guard there the night following , and so every night broke up fresh ground in severall places , which they thought most advantagious , running their line by degrees from one redoubt and fort to another . this gave us just occasion to believe that they intended to plant themselves before us for a longer continuance then before we had imagined , and to block us up ; by which we were invited to consider of our own future security , which then consisted in the greatest care of victualling and fortifying ; the only two things to be first thought on in such a case ; especially in a town so much defective in the one and the other . a place , i suppose , as little ever supposed , as before by us intended , for what it was afterward ordered to ; no man , i think , that had surveyed it with the judicious eye of an experienced souldier , could be so weak as to suppose it a place fitting to be mantled , or maintained for a garrison ; it was our intentions only to take it as a present quarter for a night or two . but this ingagement having forc'd us to it , enlivened every man with an active and cheerfull diligence to forward an advancement of all requisites . to march away now we could not , for we had no way to march , but that we must within a day fall into a champian country , where the enemy being so very strong ( as we were weak ) in horse , would have cut us off at an instant ; our foot being no such experienced souldiers as to maintain a charge of themselves , both against horse , and foot , where there were no hedges to guard and shelter them from horse ; though some have judged otherwise of the design , and the conduct of it . now by this incomparable diligence on all parties ( no man at the first knowing where to find provision of any sort , more then belonged to every private family for ordinary sustenance ) we found in a short time , in severall places of the town , and a place called the heyth adjacent , many private stores of corn , and wine of all sorts , with much salt , and some fish , and a good quantity of powder , the want whereof would suddenly have thrown us into absolute ruine , having very much exhausted our magazine by the last dayes businesse . it is said , that he that will picture war , must first begin with the belly : so we ( according to that policy ) having many bellies to feed ; and not knowing how long it should please god to continue us there , were the more inquisitive after provision ; by which means at the hieve ( for so it is more vulgarly called ) we found a greater assistance then indeed we could have hoped for , which was conveyed into the town as conveniently , as time would permit , the enemy being so favourable as never to endeavounto cut us off from that place , till we had almost dreyned the honey from the comb : which they might easily have done , had they ever enterprised it . a providence almost as great as that of the israelites in the wildernesse : for , it is reported , that in the memory of man there never was known such plenty of all things in that place , as accidentally then . whilest we were thus active for prevention of all dangers that might happen , by strengthening the walls of the town , and fortifying where no wall was , by casting up rampires and counterfcarfs , as a very great part of the town required , the enemy was as busie without , in running their trenches , making their approaches , and casting up forts and batteries against us , still earthing themselves , and we as diligent and laborious within , as in truth not without much necessity on our part , the towne being in all places very weak , neither had it any more then one flanker about it , and that very bad too , which was called the old-fort . now if it shall be objected , why in this time , not being certain of any timely reliefe , we did not draw out and fight with them , as it hath been often urged : they that will judge discreetly of our condition , will easily be satisfied of it : had we had no hopes at all of relief , which we then had , both from the scots , and divers other places , at the same time in action ; besides it was conceived the greatest piece of policy , by keeping the enemy in a lingering action , to give a remora to their designes , and so ruine them by delaies ; by which meanes especially we should give liberty , and all opportunity to others that intended any action , to work their designes without interruption , and not to run the hazard of an immediate ruine , by giving them battell : for had we fought with them , it must have been upon infinite disadvantages , ( as i said before ) first in the inequality of the number of infantry : and secondly in that we had no considerable party of cavalrie in respect of theirs , whose greatest strength consisted in horse . and it was not a rash or fond supposition to think that could we hold what we had , till the rest of the kingdome should rise , we should then do as good service , as in the immediate victory : we supposed we might possibly hold out a moneth , and were resolved on it , though it concluded in our own ruine ; yet by that time , if not sooner , we could not but expect ( in all probability ) a relief . by this design also we were 〈◊〉 to give liberty to the scots to march 〈◊〉 into the kingdome , being then as we most assuredly understood , upon their march , and neer the borders . neither was this all the hopes we cherisht by this resolution ; but there remained a possibility of a victory over that army , by delaying to fight with them , till some more fit opportunity should offer it self , or the tediousnesse of the service weaken them by hard duty , constant action , & unseasonable lying in the field , in respect of the weather ; & we have many gallant examples in this kind . pompey was well advised for a while when he refused to fight and gave caesar ground : but when by the importunity of his captains he adventured the battell at pharsalia , he lost the battell , the freedome of rome , and by it his own life . the constable of france made frustrate the mighty preparation of charles the fifth , when he invaded provence , by wasting the countrey , and forbearing to fight ; so the duke of alvaria , by that policy wearied the french king in naples , and dissolved the boysterous army of the prince of orange in the low countries . one 〈◊〉 〈◊〉 i shall insert , to touch more 〈◊〉 upon those hot-spur politicians that shall so violently criticize upon that point , and accordingly refer the application , by looking into that battell of pavy , as tragicall as fatall to france , where the king was taken prisoner , and the french frustrated of their main hopes of italy . the day before this overthrow , the king summoned a generall councell of war , and desired the opinion of his officers , whether he should give a field to the enemy or not : whereat an old captain began exceedingly to perswade the king to stay , and delay ingaging till supplies ( which were already levied ) should come up and strengthen his army : desiring him not to throw into hazzard unnecessarily , the welfare of france ; urging , that the consultation was not only for the kings honor , but his safety : at which time there was at the councel a young hot-spur , fitter to begin , then continue a charge , who alleaged , that nothing was more honorable then that the victory should be gained by fight , &c. taunting the old captain , it was no marvell though an old man and fearfull sought delayes , whose mind was disturbed with his usuall fears , and now was seeking a passage through his guts : the old man could not indure this his scurrility , but replied , seeing the king will have us fight , i will die to morrow an honorable death before his face ; when thou , forgetfull of thy brags , and rashnesse , shalt by a base flight forsake the field : which prophesie in all respects was fulfilled , the field desperately lost , and the king taken prisoner . many more examples in this nature i could insert , but i think it as unnecessary , as tedious . now although we gave them not a field-battel , yet suffered them not to lie idle from fighting constantly almost in one place or other , both night and day . neither were they so weak 〈◊〉 some suppose , after our shattering them , but that they were in their foot still above , or equall our number before the suffolk foot joyned with them , who lay upon the bridges of the river so strong before the enemy drew them over , that we could not have forced our passage , in case we had attempted it , but that we had been fallen on by the enemy in the rear , and been engaged both waies , to the hazard of an immediate destruction of our whole army . about the twentieth day of the moneth , divers gentlemen were sent forth privately with commissions to raise men in norfolk , suffolk , & cambridge shire : but the country forces having broken up the bridges , and guarded the passes , and the enemy taken the fort called mersey fort , that commanded the passage into the island , there was no passage left open for them , so they were forc't to return again , which they did secure , although through the enemies quarters , not a man being taken . the next night a party of horse , and foot was commanded forth into the hundred of tendring , for the bringing in of provision , which returned the day following safe , with about one hundred sheep , and sixty beeves ; which were all delivered into the commissary for the generall store , and so everynight fo far as our bounds would reach till the enemy begirt us closer , provision was brought in to the publike store . two or three daies after that part of the countrey rise , to joyn with us : but 〈◊〉 〈◊〉 who by commission from 〈◊〉 〈◊〉 lucas was to levy and command them , would have betrayed them to the enemy in their rising , to ingratiate himselfe with the prevailing power , ( an epidemicall disease in this kingdom ) but was discovered , having not so much policy as villany ; and seiz'd on by the countrimen , till sir charls lucas : his pleasure might dispose of him ; and them : to whom they sent two sufficient men of their party , to give him an account , making it their earnest suit , that he would send a party of horse and foot to assist them in their rising , and conduct them , safe into the town , which according to their request was done ; a party was drawn out and sent in the night , who stayed there about a week , and afterwards returned safe with those they had raised through the quarters of the suffolk foot , who were drawn over the river , and incamped betwixt them & the town . then was another party commanded forth in the night , which marching out at the north-gate , forced through their quarters , and in the morning returned safe , losing not above two men , for which losse they gained livelihood for many more ; for they brought in with them about fifty oxen , and cowes , besides sheep , and some corn and other provisions , and might have brought more : but sir charls lucas being tender of his countrey , would not permit them to drive from any , but those they should know to be actuall enemies ; which proved afterwards a very great inconveniency , and prejudice to the towne , for after that we never obtain the like opportunity , the enemy drawing immediately down neerer upon us , came within lesse compasse , and begirt us more straight ; for they were indeed much 〈◊〉 with anger amongst themselves , that they should fuffer us to march through their quarters upon a sally , and return again safe . yet we secured the heith , as a finall refuge for provision , from whence we conveyed daily , such provisions as it would afford , keeping a constant guard there ; which the enemy endeavoured not to hinder us of , till we had left very little there . july 5. the councell of warre published a proclamation , for the calling in all such townes-men , as would serve upon the line for the security of the town , to list themselves for the service under severall captains and officers , being deputed by sir charls lucas to command them , and all others , to bring in their arms to be delivered up into the magazine ; and that none , who should refuse to list themselves , should keep any arms in their houses , upon pain of death , and the forfeiture of their goods , to the benefit , and use of the town . about this time the enemy incroach't so neer upon us with their approaches , notwithstanding our daily sallies , and skirmishes with them on all parts , as that they fell down into east-street , and seized on the mill on the river , and placed a strong guard there ; which guard , ( out of hopes to have fired all that part of the street hetwixt them and the town , because many of our men both quartered and guarded there also ) set fire to a tanners house and barn , with all the goods , leather and corn in it ; the house being the next house to the inner-side over against them , and bringing downe two drakes began to be something busie , and troublesome to our guards ; whereupon at the next councell of war upon the dispute , a result was made for a grand sally on that part of the town , which was accordingly performed , and sir charls lucas commanding in chief , marched in the head of the horse , and sir george lisle commanded the foot ; the whole party consisted of five hundred foot , and two hundred horse , out of which a forlorn party being drawn out , they first marched down towards the river , where the enemies guard was on both sides the street , and a barricado crosse , from whence with their case shot from their drakes , and small shot from the barricadoe and guard-houses , they play'd very thick upon them , having no other passage over 〈◊〉 river then a foot bridge , the end wherof reach'd within five foot of the enemies barricado . but as if it had been but a sporting skirmish amongst tame souldiers at a generall muster , they regarded it not ; but running on in a single file over the bridge , & some for hast through the river , mounted their barricado , and beat the enemy off in an instant ; and having once gained that , overturned the drakes , and charged on upon other parties that still fired on them in the street , and pass'd by the guard-houses till they had cleered a great part of the street ; then surrounding them , charged in upon them , who having neither possibility of reliefe , nor indeed of retreat , or escape , yeelded upon quarter ; so they took the captain , lieutenant , and ensigne , and about foure score private soldiers , with all the other inferiour officers . many were also kill'd in the adjacent houses , the whole street almost being full of soldiers . the drakes they over turned , and one of them they threw into the river , but not having teames ready , could not bring them off . now the whole party being marched up , and having thus surpriz'd the guard , they marched on , and made good the charge till they had cleared the whole street ; which gave so great an alarum into all their leager , that they immediately rallyed together all the foot and horse on that side the river , and marched down the hill from behind the windmill , on the top of another hill in a very full and orderly body , onely they left their colours and pikes with a reserve behind the wind-mill . but our party having gained almost the top of the first hill , followed their charge so smartly upon them , that they soon forc'd them to a disorderly retreat , and quickly made them strive to take their leave of their ground : but the fields were over-spread with distractedly disperst soldiers both of horse and foot , some from houses out at back-doores and windows , and others from hedges in a great disorder . our party being thereby encouraged , prosecured their successe , till they had beat them up beyond the wind mill , and forc'd reserve and colours , and all they had , or could rally , to quit their ground , and so to disperse themselves , that they were forc'd to divide their horse into three squadrons or bodies , one division to keep the field against ours , having now made a stand to draw into better order ; and the other two constantly 〈◊〉 up and down , beating their foot up as they ran away : which course , had they not taken , their foot would never have disputed a hedge , ( for that was their refuge now ) and we had immediately cleared all that part of the leager . but now having gotten a very thick hedge for their shelter , and being thus forced up , began againe to stand : and our foot out of more heat of courage indeed then mature policy , having engaged thus farre , some of them still ran on , till they gained an old thin hedge , opposite to the enemy , beyond the wind-mill , where they still fir'd upon the enemy , maintaining the opposite hedge , a party of the enemies horse still wheeling about in the field between them ; which party by chance discovered that they had spent all their ammunition by hearing a soldier foolishly ●●●ing out for some , and thereupon suddenly clapt spurs to their horse , and made a full charge in upon them through that hedge , ( as they might easily doe any part of it ) who not having ammunition , nor time to retreat , were most of them kill'd and taken . till when we had lost very few in all the charge , though many were wounded in it , as could not otherwise choose in so smart a service : althrough i confesse the saints of our times have found out such a way of fighting , as to kill thousands , with the losse of very few ●nites : but t is onely tongue-charmes that guard their armies , and not any providence , that conducts them to such miracles . now the body of our party being upon their retreat , and perceiving of this , faced about againe , and received their charge with such an undaunted retort , they forced them againe to as speedy a retreat ; and so marched easily off into the towne 〈◊〉 and in very good order . in this action sir george lisle was once taken prisoner , but immediately rescued ; and in all we lost one captaine , and one lieutenant , and about 30 , private soldien which were taken at the broken hedge , 〈◊〉 very few kill'd . mr. weston , a gentleman of the generalls troop , being shot in the belly , was also taken prisoner . of the 〈◊〉 80. and odde were brought into the towne prisoners , and between two and three hundred kill'd ; amongst which was the colonell that succeeded colonell needham , in the command of his regiment , who was kill'd the first nights on-slaught , and many of them wounded ; of which very few escaped , but dyed within a very short time , as their party confessed themselves to our prisoners : either through neglect of their surgeons , ( in which we suffered very much also within the town ) or through the unseasonablenesse of the weather , 〈◊〉 that divers that came into the town afterwards , and these men too that had been formerly in the kings service , affirmed that the businesse was at the least 500 , men 〈◊〉 to them ; besides many that left the leagure upon it , some comming into the towne , three or four in a day , and often more for a long time together , and others stealing away to their own homes . after which sally the countrymen began to disgust the service , and thought it hard duty to lie so long in the trenches , and were glad to entertain all commers that would undergo their duty for them , allowing them 10. s. a week constant pay to be excused themselves : by which meanes many that came up from london and other places to have joyned with us , not being able to come into the towne , entred themselves in their armes ; by which meanes they might more advantageously come to us , if it had been our fortunes to march out into the field ; but heaven had otherwise ordained , having a farther judgement for this wretched nation . the next night the enemy strengthning their leager on that part of the towne , fell into the street againe , with a stronger party then before , and possess'd themselves of their former guards and ground , and again fell to firing the houses on that side of the river next the town , supposing thereby to fire our 〈◊〉 which we had now placed in the face of them , being but a river 〈◊〉 , which much end 〈◊〉 them , and kept the fire still from doing any harme : then they set fire to all the windmills neer the town , to hinder us from grinding our corne , but we soon salved that sore ; for finding at the heith by the river side many milstones , lying for transportation , some of them were brought into the town , and diverse horse mills set up , which proved very serviceable all the seidge . then they raised two or three horne works and redoubts on the north side of the leagure , running their trench up to them from the river side over against the warren , where they placed diverse great peeces , which they played violently at 〈◊〉 mill called the middle mill upon the 〈◊〉 the only mill they supposed we had left and indeed was , excepting those horse-mils , but did little hurt to 〈◊〉 for they thought , if they dis-inabled us to grind corn for the soldiers , that they would mutiny for bread which was probable enough , and might have been , having such poysonous 〈◊〉 to set them on as they had ( i am confident ) privately 〈◊〉 amongst them , and 〈◊〉 towns people to second them ; but this was happily prevented by the dilligent care of the lo : loughborow , who made the most laborious toile as pleasing as the lightest recreation , by undertaking , and continuing the generall charge of providing all necessary provisions to be daily ordered and distributed by the commissaries to the whole town ; insomuch that he would many times half a day together continue his strict eye over both mills and bakers , lest by their indiscreet ( or it might be 〈◊〉 ) neglect , very great inconveniences might happen . the same care was also ordered to be taken by the mayor for the peeple of the town , who was commanded by the councell of war to make supplies of provision for the inhabitants of the towne , and to set up mills for the grinding their corne , who by this time began to be in want , the town very full of them , and many of them indigent peeple , who were not in a capacity to provide for themselves , nor had scarce been when the town was open : but the mayor ( whether out of a rebellious wilfulnesse , or sottish simplicity , i leave others that know him to judge ) but as i guesse my self , rather desiring to hazard the starving them , that so by the violent instigation of unmercifull hunger they should be urged to a mutiny in the towne , by which meanes the enemy might take hold of our confusion amongst our selves , and over-whelme us in a suddain and generall destruction ; for , notwithstanding all 〈◊〉 and dayly urgencies from the lord loughborow , and sir charles lucas , he still neglected all care to provide corne for those who had none , or mills to grind for those who had yet some left . whereupon the poor of the town having quite exhausted their provision , began to throng together , making great clamours and exclamations of their ill usage , and the necessities they were fallen into , their bellies sounding alarums to their mouthers , made their mouthes instruments to thunder them forth to the ears of the officers of the army , now not at all reflecting upon the duty of the mayor and officers of the town : then sir charles lucas at the next councell of war ( commisserating them as his own towns-born people ) made his desire to the lords , that they might have some corn delivered them out of the generall store , which was as easily granted as motioned , and an order immediatly drawne ; by which order the comissaries were appointed to deliver to every family according to the number of people in it , such a proportion of bread-corn , which amounted in grosse to 300. quarter of wheat and rye ; the want whereof proved afterwards so great an inconyeniency to our selves , as that half that quantity would have supported us til we had obtained better conditions from the enemy . at a councell of war the 12. by a generall consent , the earl of norwich caused this ensuing declaration to be dispers'd , as well in the enemies leager , as in the country : a declaration of his excellency , george lo : goring , earle of norwich : with the gentlemen and freeholders of the county of kent and essex , in arms for the presecution of their generall petition , and solemne engagement : and their offer unto all such officers & soldiers as shal repair unto them . could prosperity make us insolent , this overture should be the story of our present fortunes : how numerous , how unanimous , how associated , how associated , or ( in a word ) how heaven and earth conspire to our deliverance . consider with what assurance we have managed our very despaires , and raised our selves to this height out of nothing . consider withall , that we move still by the same resolves , as we are favoured and encouraged by that hand of providence , which at first raised us . from this posture ( gentlemen and fellow-subjects ) we salute you in a temper of love , and christianity , disingaged ( we assure you ) from any interest , or mixture of revenge or feare . peace is the end we aime at , and by peace , if it be possible , we propound to accomplish that end . to which purpose , upon a sad and 〈◊〉 thought , how many innocent soules are seduced by the imposture of a pretended liberty , and how many more corrupted , by their owne importune necessity , into an erroneous , and unfortunate engagement ; all which must in probability perish , except they may be recovered by the offer of this , and this onely expedient : what officer , or soldier soever , now in armes against us , shall before the 21. of this gresent july , make his repaire unto us , or any part of our forces , and there enter into an ingagement , not to act any thing against us for the future , shall have his arreares audited and paid : and we doe further oblige our selves , to interpose unto his most sacred majestie , for an act of indemnity ; the successe whereof from our gracious soveraigne the king , we at all doubt not . and for the performance on our parts , we 〈◊〉 our honours and the faith of the county ; avowing with all , that we designe nothing of alteration either in church or common-wealth , but what this present parliament hath declared to be the duty of good christians , and loyall subjects . july the 28 the enemy drew downe upon the heith , where we had a guard placed in the church , but the officer ( cap. horsmander by name ) who then commanded the guard no sooner saw the enemy , but delivered up his guard , himselfe , and soldiers , without so much opposition as the firing of one musquet ; which had he disputed he might in a very short time been relieyed and drawn off ; though the place could not have beene maintained . but that place proved very little benefit to them for by that time we had scarce left any thing of provision or ammunition there , onely this benefit they might receive , they might understand what a neglect they had committed , in permitting us so long to keep it within our quarters , when with so much ease they might have surprised it from us , for it lay so opportune to them to have fallen on , that had they made an attempt upon it we could not have maintained it without engaging our whole body , and quitting the towne ; and indeed had they surprised that place in any convenient time , as they might easily enough have done , before we drained it , we could not have kept the town ten dayes , there lying the greatest part of our provision , by which we afterward subsisted . the next day having drawne the line very neere the lord lucas his house , they planted to demy cannons , against st. maries church , from whence they fir'd threescore and odd great shot at st. maries church steeple , but did very little hurt , for with as much speed as could be a battery was raised against them upon the curtain , from whence we had not playd above four shot , but one of their best cannonneers fell , and about six men more , whereupon theydrew off their guns from that place , finding it too hot for their continuance . now the cause that made them so envious at that steeple , was because we alwaies kept a sentinell there , which discovered their motion both night , and day ; besides we had made a platforme in the frame of the bells , and planted a brasse sakar there , which flanking their trench did them much injury . the 25. day the enemy drawing their line neerer the lord lucas his house , under the shelter of an old wall , and some buildings , brought up two demy cannons , and battering upon the gate-house ( wherein was a guard of a hundred musketteers ) beat one side of it to the ground , which falling into their worke ( that was but a small halfe moone drawne from one side of the great house to the other ) anoyed them very much ; then fired two or three granadoes immediately with it , which buried many in the stones and dust , the rest not able to stand the shock ; betaking themselves to their swords , and the but ends of their muskets , disputed it very hard from one place to another , after they had lost their line , till most of them got away , some out of the wicket of the gate , and some out of the windowes , and broken places of the house . the officers also forcing their liberty with the points of their swords , came all off safe . neither could the enemy much boast of this surprise , although it were some advantage to them ; for they purchased it with the losse of many stout men , and of their oldest soldiers , who they quickly found by the wall and trench sides , some dead , and others speaking their enemies valour , in their owne miserable dying grones , whilest of the whole guard consisting of a hundred men , not above ten were taken prisoners , and some foure or five kill'd , many i confesse were wounded , but came off and recovered . and having thus 〈◊〉 themselves of this house , ( as it is their custome in all other places , the first thing thought on is plunder ) they fell to searching the house , and those things that were in it 〈◊〉 though little of worth , or conveniency they tooke away ; which could be little more then bedsteeds , and 〈◊〉 , and the like . that house having beene 〈◊〉 times before , and indeed the 〈◊〉 in the kingdom , as is believed plundred : but finding themselves no better rewarded for their service , that they might be more notorious in their villany , broke up the vault wherein the ancesters of that family were usually interred , under the pretence of searching for money , and finding them not yet quit dissolved , the corps of the lady lucas , and the lady killigrew , ( as i received it from eye witnesses ) wrapt in lead ; they tore open that coffine , beyond what ever was known or read of before , or amongst the most unhumane barbarous thoughts , dismembred their trunks , throwing a legge in one corner of the vault , and arme in another , and were so impudent in this so and worse then 〈◊〉 act , as to beare away the haire of their heads in their hats as a triumphant 〈◊〉 in honour to their villanie . in which posture the vault continued , till the corps of sir c. lucas , that loyall martyr , was brought to possesse it . is not that common-wealth happy that must receive a reformation from such saints ? who have these ten yeares been practising acts , absolutely monstrous to even nature it selfe : beyond parallel , president , or politicall complotment of the most subtill machavillian , or bloudy tyrants in the world . by this time our magazeens began to be very empty , all our flesh being spent , whereupon the next businesse that was concluded on and ordered , was the searching what private stores there were in the towne , but they proved as weake as the other , then the councel of warre , ( receiving a returne of the searches what the condition of the towne was , for matter of provision , who had now examined every private family . ) ordered that all the horse excepting two hundred , should in the night 〈◊〉 forth , and breake through the leager , and if they could get through with that convenience they wished , to march northward towards our supposed relife ; for at that time we had received very great assurance by private letters , that reliefe was intended , and hasting towards us from duke hamilton , under the command of sir marmaduke langdale : so the horse were allidrawne to a rendevouz in the castle yard late in the night , and a party of foot with them for their assistance in forcing the enemies line with pioneers , to levell a way for them to let the horse in , when the foot should have 〈◊〉 the enemy from their line , which was supposed would easily have beene performed , and thus they marched over the river by the middle-mill , and came within the enemies centinells e're they were discovered , or any part of their guards alarmed ; but their guides , and pioneers ( being for the most part townsmen ) as out of a plotted combination amongst them , ran away from them , the night being dark . so they were forc'd to retreat againe into the towne which they did , without the losse of a man but it gave the enemy so much notice , as 〈◊〉 made an absolute discovery , together 〈◊〉 their intelligence from the towne : so it 〈◊〉 ( though afterwards ) but bootlesse to 〈◊〉 a second attempt . at the next councell of warre , considering that the stores were so exhausted , and all the stesh , or very near the matter , spent , it was thought most convenient to keep those horse , which were fitting , for the souldiers to eat ; so they were againe drawn into the castle yard , with order that not any officer whatsoever should conceale his horses , but cause them to be brought into the field , upon the forfeiture of them to immediate slaughter ; & the 3dpart of every troop drawn out and disposed to the commissary to be kill'd , and some to be immediately distributed , and the rest powdred ; which the soldiers very willingly submitted to , and as cheerfully fed upon them , rather than deliver themselves to their enemies , upon any base or dishonourable terms , which expressions of theirs were so common and publique , as that the enemy hearing of our falling to horse-flesh , heard also of that resolution of the souldiery , which did something startle them ; for before they hoped for , and expected , our da yly submission to a treaty for rendidion . now upon the last search that was made in the townsmens houses and shops for all things edible , there was very little corne found , as in some houses not above a peck , and in some two , some none , or any flesh hardly , yet was there a good quantity of spice and oyle ; which so far as it would hold out , proved very usefull with the horse-slesh ; some starch also was found , which was preserved , and made very good puddings . it hath been reported , as i understand that at this time we had some reliefe brought into us by water , from the 〈◊〉 at sea , but it was nothing at all true , for although there were a river that came up to the town , yet the sea was not 〈◊〉 by seven miles of the town and upwards ; and besides the enemy had possest themselves of the blockhouse against the island of mersey that commanded the passe into it , so that no boat could stir by them to the hieth , which was the neerest place that any could come . and it hath also been esteemed a very great ruine to the engagement , that the 〈◊〉 was neglected and lost , for want of first possessing that fort. as for my part i believe no such thing , for indeed had we taken it , as it was once intended , and col. tuke ( though to late the enemy being pre-possest ) appointed for the same designe , i cannot understand any way possible that it could have been any thing beneficiall , as the constitution of our interest then was ; for it lay above seven miles then from us , so that the enemy falling about the town and begirting us , as we might without any prospective of extraordinary policy discover , would possesse themselves of all parts of the river betwixt them and home , and soon hinder all recourse betwixtus , the river being not above twelve foot broad in most places ; then had it been the same thing in respect of the river , and those men in the fort left to worke out an improbable safety for themselves . neither was it such an island as some fancy it to be , that is not capable of releiving halfe such a body as we then were , had we endeavoured to seek any sanctuary there , as some would beleive would have been our best course , when we saw we could not keep the field ; and to thinke to strengthen our power by dividing it , is a stratagem beyond my shallow capacity , and i am certaine no policy of machiavils , unlesse our number had been compleat to have engarison'd both places and if they shall think that had we marched intire thither we might have been relieved by sea , they are easily answered , that though we knew of the submission of the ships to the royall authority , yet we did not understand the condition they were in , which had we , i suppose was such , as not to be able to furnish us with a months provision , much less more , when they could hardly victual themselves , and i would faine have those politick men informe me , which way we could expect reliefe there , when five hundred men at the passe would have kept us in till we should be starved , and the army at liberty to march whither they pleased to obstruct all parties from rising to our assistance . but let men dispute and censure what they please ; the enemy ( having possest themselves of the lord lucas his house , and the hieth ) began to draw their line more streight about us , and now lay absolutely round us , so that we were soddainly begirt within a very little distance ; then they brought their biggest pieces of battery , as 2 demi-cannon , & 2 whole culverins , neer st. johns house , and again fell to battering st. maryes steeple , and after some time beat down one side of it , and a great part of the church , & broke the saker that was planted in it , but kill'd not on man , only bruised one of the matrosses . the five and twentieth , in the night , the enemy alarum'd us round the line , and fell on upon the guard in the middle mill , against ryegate , and getting over the river at a fordable place came in upon them , and beat them off to a retreat into the town , and set fire of the mill ( colonell rainsborow commanding in chiefe ) but a party of fresh men with halberts and sithes ( most of them gentlemen ) 〈◊〉 drawn down upon them , gave them so desperate a welcome as made them soon betake themselvs to their legs , & throwing down their arms run disorderly off , and mistaking the ford of the river , many of them were drowned , and about twelve kill'd , and some five or six taken prisoners , and the mill soddainly quenched , by the souldiers throwing water into the fire with their hats ; so that little harm was done , and the enemies storm prevented , which we were informed they had intended that night . it will not be much out of the way in this progress to look into an accident that happned at this guard , neither do i think it any whit unworthy to be taken especiall notice of . an ensigne of col. tills regiment , being shot through the body , in at one side , and out at the other , with a five pound bullet , went from the guard to his quarters in the heart of the town by the help of one souldier only leading him , the bullet hanging by his side in the skin , and being laid on his bed , the bullet 〈◊〉 out and carried with it his last spirits of life ; onely giving him time to breath out this expression ; oh that i had been shot with my colours in my hand , that furling my self in them , i might have so dyed ; my friends might then have believed , i really loved my king , and that i 〈◊〉 , and cheerfully dyed in his , and my countryes service . an expression as gallant as the 〈◊〉 of the shot by which he dyed ; & pitty it were the memory of so great a loyalty should sleep in security , but be rather erected an everlasting trophee in the hearts of all true christian royalists , and consciencious subjects to his never dying fame , and it much grievs me , that i am unfortunate in the ignorance of his name . the seven and twentieth day the enemy lying in maudlin-street , began to cast up two or three redoubts in the field , betwixt it and the town , over against berry fields , ( for so were they called next east-gate ) and beginning to expresse their unwelcomnesse by their turbulent behaviour , we supposed they intended to be ill neighbours , whereupon a party was drawn forth , which made a smart sally upon them , and beat them off from their works , and followed them into the street , and houses , and kill'd many of them , still maintaining their ground ( although it were about noon-day ) till the enemy began to draw great bodyes of horse and foot upon them , then they made an orderly and fair retreat , bringing off some 〈◊〉 or more prisoners , with the losse of one man and two more hurt ; and afterwards that they grew thus near , daily sallyes were made in one place of their leaguer or other , to the end of that 〈◊〉 . on the sunday following sir william massam , one of the committees that were prisoners in the town , was sent forth in exchange for mr. 〈◊〉 ; whose man was permitted to come to the walls ( but not within the town ) where he received him ; joyfull enough of his liberty from that imprisonment ; though some have boldly asperst the gentlemen to whom they were prisoners , and avoucht that they were placed just upon the line , because they should be kill'd by the impartiall shot of their friends ; which is false enough , they being lodged there at our first comming to towne , not suspecting any such service , but as the best , and most convenient inne , and afterwards the towne being so full , would not admit any better conveniency for them , and i think , let them acknowledge only the truth , and they must needs confesse civility enough was shewed them to the end , being allowed to receive any provisions of fresh and hot meats , as venison pasties and the like into the town , without any the least opposition or affront , whilst the lords and gentlemen themselves fed generally on horse flesh . i must confesse that once or twice the top of their house was shot through with great shot from the leaguer , ( i know not what house could be assured free in the town ) whereupon they sent a speciall message to the lord fairfax , to let him know what house they lay in , and desired him that he would not shoot that way ; they should have gotten an order of parliament that the bullets should not have dared to molest them , if he did shoot that way , they might then have fedsecure . now the enemy thus proceeding in their siedge in a very formall order , crept still with their approaches neerer and neerer to us ; yet many of their men paid dearly for their boldnesse , for though by reason of the scarcity of our ammunition we could not make very great sallies upon them , nor constantly fire from the line , yet sallies were made almost every day in one part or other , and our shot so warily disposed of , that many of them fell dayly ; some of our men they often killed going out to 〈◊〉 and bring in grasse for the horse ; for we had no horse-meat left in the town , but what they first fought for , and brought in and sold ; going in parties , and some firing at the enemy whilst the others cut grasse , all the thatch from the houses , and boughes from the trees being eat up , but very few else did we lose in all the time of the siedge . august the tenth , the lady kath : scot , accompanied with some other ladies , desiring leave of the l. fairfax that she might have the liberty of going to the l. norwich her father ( the lady norwich being newly dead ) could not procure so much liberty as to goe into the towne to him , but only to come to the sally port ; and not 〈◊〉 neither but accompanied with a guard , that might hear all discourse that should passe between them ; there came with them the quarter-master generall gravener , and some other officers , and were entertained with a collation of horse-flesh , and a bottle or two of wine ; the best accommodation we could treat them with , which they eat heartily on , and liked . and now began horse-flesh to be as precious to us as the choicest meat before , the souldiers in generall , and all officers and gentlemen from the lords to the lowest degree or quality , eating nothing else , unlesse cats and doggs , which the enemy disgusted very much , expecting a dayly rendition by us , by the assurance whereof , they constantly encouraged their souldiers on , to the continuance of the hard duty they then underwent , who else would have been hardly kept together being often upon the march , either away into the country , or else to us into the town . it was so hansome a diet grown by this time amongst the souldiers to eat such food , that we could harely secure our horses in the stables , but every morning one stable or other was rob'd , and our horses knock'd o' th head , and sold in the shambles by the pound ; nor was there in a short time a dog left , for it was the custome of the souldier to reserve halfe his ammunition loafe , and in a morning walke the streets , and if he discovered a dog , to drop a peice of bread , and so drill him on , till within his reach , then with the but end of his musket knock his brains out , and away with him to his quarters ; i have known there six shillings given for the side of a dog , and yet but a small one neither . then the enemy perceiving they could work nothing upon us by summons , threats , nor force of armes , betook them to petty stratagems , sometimes sending false fires of strange improbable news of great victories over the scots , long before they ever met with them ; and lists of prisoners taken , never in arms , and such like whimsies , hoping thereby to terrifie the inferiour sort of souldiers to such a timorous apprehension of their condition , as to force their officers by their mutinous resolutions , to treat for conditions , orleave them in the lurch , which of the two this enemy rather wished , that so many gentlemen might fall a prey to their unsatiable malice . then they sent private papers into the town amongst the souldiers by women , incensing the souldiers against their officers , reproaching them with that odious name of rebels ( which they knew to whom more properly due ) and men acting against the peace of the kingdome without commission , which still they hoped would so poyson the braines of the souldiers , that if they would not mutiny , yet at least the greatest party would be incenst against their officers & quit their line , by whose loss we should have been so weak , as to be easily stormed & taken . but instead of receiving any benefit by these sucking stratagems , they wrought nothing more than an injury to themselves ; for it engaged the souldiers to higher resolutions . then they shot arrows into the town at severall places , with papers fastned to them , promising our souldiers , that if they would desert the town , they should have fair quarter , pardon for what they had done , and liberty to go to their own homes , with passes from the generall , without being plundred , or suffering the least prejudice or injury : but this neither proved any benefit to them , or injury to us , but still rather exanimated and enlivened the souldiers , who were so couragious in their resolutions as very often to expresse that they would either live with liberty , or dye with honour , neither of which could arise by a poor submission to an ignoble enemy . and now the enemy had possest themselves of al places of conveniency and advantage round about the town , and began to annoy us very much in divers places about the line , from the opposite and flanking houses , and our magazines began to grow very low of powder , so that order was given out , that the souldiers should be careful not to wast their ammunition by firing without a very reall occasion , and that no gunner should fire a cannon without the command of a field officer of his post , or a general officer of the field . but these houses under the line proved so obnoxious , that by degrees they made that line to hot for any almost to abide it ; & the enemy having found this advantage drew thicker down into the suburbs , under the shelter of the houses ; which the officers being very sensible of , knew there remained no securer remedy , sallyed out amongst them , & beat them out of the streets , & some houses they set fire to , having given order to those inhabitants 〈◊〉 , to secure and convey away their goods first ; and those which lay immediately under the line , & wall they first pull'd down by carpenters , and other workemen , that the materials might be preserved , and the lesse 〈◊〉 done to the town , and owners ; which should they have let stand , would have proved so miserable an inconveniency , that we could not have maintained the town one halfe hour , i am confident , had the enemy ever attempted a resolute storm , when once they had begirt us so close ; by reason that in many places the st airs came up to the top of the wall , in the highest places of it , so large that two or three men might haue come up a breast , and some rooms equalled the height of the wall in a perfect diameter . and if the enemy should have taken no other benefit but the opportunity of a wind , and set fire to them , they might probably have set fire of the whole town ; which they attempted the first night , and once after had effected , had not the wind been very calme , and the soldiers as extraordinary diligent in quenching still as they fired . the eleventh day more arrows were again shot into the towne to entice the souldiers by alluring charms , 〈◊〉 with as severe threats , to quit the service ; intimating , that if they came not away before the next monday ( it being then friday ) that not a man which came after should have any quarter ; which messages the soldiers still resented so well , as that they resolved to answer it by the same messengers , and took some of their own arrowes annointing them with a 〈◊〉 and wrapping the same in paper fastned it to the heads of the arrowes , and writ on the papers this superscription , an answer from colchester august the 11th . 〈◊〉 as you may smell ; informiug by that how little they regarded their baits , or esteemed their threatnings . and now by this time the greatest part of our horse had changed their stables for slaughter houses , and their riders being willingly dismounted took up foot arms , the gentlemen halberts , and the private troopers sithes , ready fitted with long staves for the service , which were very terrible for execution ; and there were many sithes found in the towne upon a search for arms , more than ever was known to be in the town before ; and many brown bills were also made in the town ; so that no man might be idle for want of arms ; these men were all listed both gentlemen and private troopers ( for more orderly disposing them in duty and service ) in particular companies , under the lord generall , the lord capell , and sir charls lucas ; the lord capell marching himselfe a foot , with a halbert on his shoulder , in the head of his company to the guard , that none might make any scruple or acception against it ; which company lay constantly upon reserve at severall places of the line at some distance in tents built purposely for them ; which point of warre must of necessity arise from as high a conveniency as any , and indeed was a course constantly practised amongst the best and most judicious conquerours of the world , and they have left us arguments for it in the chronologie of divers victories obtained , and lost fields recovered by fortune and resolute reserves , although but of small numbers , of which i shall instance one of serverus the emperour , who in a battle against albinus , generall of the britains , before lugdunum was himselfe put to 〈◊〉 , beaten off his horse , and hid himselfe , whilst the britains followed the chase , chanting out their prayse as victors ; till latus , one of serverus his officers , staying behind with some fresh troops , and making a fresh charge , the serverians took heart againe , and mounting serverus , put on his purple * 〈◊〉 , when the albinians thinking themselves masters of the field , being disordered , and furiously charged by fresh troops , after a short resistance fled , the severians following them with great execution to the city gates . now these companies must not be understood neither , for the only reserves we had , for it was the constant method of the armies duty in generall ( for i cannot willingly , nor i thinke rationally , tearm it a garrison , but a quarter ) to lie every regiment on their severall post , the one halfe upon guard , and the other all night very neere , at the most convenient place upon reserve . and having maintained and held it out in defiance of a proud , succesfull , and imperious enemy ( this being the 17 of august ) still cherishing our resolutions with hopes of reliefe , and having yet no certaine intelligence of the state of affairs in the other parts of the kingdom , nor reliefe approaching , and our stores very much-wasted , insomuch that all our corn was welnigh spent , and very little ammunition left to maintaine our guards only with ; by a generall result of the councell of warre , his excellency the lord norwich , the lord 〈◊〉 , and sir charles lucas , signed letters to the lord fairfax , to desire him to grant them twenty dayes respite , and a passe through his quarters , for them to send some gentlemen to sir marmaduke langdale , that they might receive a reall information of his condition , and if they found him as they had given him out , and not advancing towards us , and that in that time there was no hopes of reliefe , that then they would treat for surrender . other hopes we had none left ( and indeed but little reason for these ) the duke of buckinghams , and the earle of hollands parties were already dissolved into nothing ( indeed without doing any thing ) and no other parties risen , or expressing any inclinations , much lesse intentions , to it . but this would not be granted ; then they were forced to send away private spies and messengers , and concluded in a generall resolution , to maintaine and defend it to the last ; and in that time not to be idle with them , but as active as the want of ammunition would admit ; and according to those resolutions , send out a party every day or night at the sally port ( they went voluntarily upon it ) and sallying upon them were troublesome enough to them , and kept them upon constant and hard duty ; but ultra posse , non est esse ; and our ammunition was so exhausted , that we could not send out great parties often ; yet found out a way with what materials could be gotten to make some match , which though it were not so good as what we had before , yet served our present necessity ; and some powder also we made , but it was not much , for we were forced to resigne ere we could bring it to prefection . then our commissaries began to complain their stores which were almost empty , the people generally much necessitated for bread ( the true staffe of life ) and the poorer sort meerly for want of corne neer starving , we being not able to relieve them againe . then the poore people petitioned the l. fairfax by the mayor and aldermen , that they might have liberty to leave the town and disperse themselves into the country amongst their friends , that would keep them from famishing . but he thought it not policy to grant it , but on the contrary gave order to his whole army round the leaguer , that if any should be turned forth , by us , they should fire at them ; but at that time they considered by their privat friends ( our bosome enemies ) their town intelligence , that we had made proclamation at that time , that whosoever had not twenty dayes provision in their houses , should depart the town , as well rich as poore ; at which time search being made againe , very few were found to have provision for above two or three dayes , and then the enemy having given this unchristianlike , though politick , order , it would have been a very difficult thing , to have forc'd so many people through a sally port , and dangerous to attempt , who of themselves were apt enough to a mutiny , and as inhumane a policy ( though policy it would have been ) to have forced them from their own houses upon the swords of a most cruell and mercilesse enemy . then the stores were again reviewed , and the magazine also , and the stores found to be so empty as not to yeeld two dayes provision of bread in them , for the whole army ; and the magazine not to maintain two hours fight , if a storme should happen : then a councell of warr was again summoned , where this want being considered , it was agreed , that it was the best course to treat with the enemy in time ; and by the major part by voices it was carried ; and letters accordingly were drawn up , and doctor 〈◊〉 a phisician then living in the town employed in the message . and now too sad it was to understand , we had done our utmost , and as much that was , i think , as was possible for men to doe in our condition ; having engaged so potent and conquering an enemy so long , with so inconsiderable a party , and now at the last destitute of any hopes remaining of a possible relief in so short a time as our condition would enable us to hold out . the next morning the doctor returned again with this answer from the generall ; that we had held it out so long against him , and to the utmost denyed his summons , that the best conditions wee must expect from him , must be to submit to merey , only that the inferiour officers and souldiers should have liberty to go to their owne homes . which was so much beyond the honour of our actions , that it was thought as unhonourable to be accepted . tuesday the two and twentieth , early in the morning more arrowes were shot into the town at severall places of the line , with papers fastned to them , wherein was written as followeth . august 21. 1648. vvhereas on sunday last , in a letter to the lord goring , lord capel , and sir charles lucas , conditions were offered to all private souldiers , and inferiour officers under 〈◊〉 , to have liberty to go to their severall homes , without injury or violence ; and all superiour officers , lords and gentlemen to submit to mercy . and whereas the same hath been concealed from the souldiers and inferiour officers aforesaid , neverthelesse if they will before thursday next lay hold on the said conditions , and come away in a body from the enemy , the same conditions shall be performed to them which have been offered ; but in case they shall suffer the 〈◊〉 people ( whom we shall not receive ) to be turned out of the town , and suffer them to perish under the walls , they must expect no mercy ; and if the towns-men in armes shall joyne with the soldiery in coming forth in a body as aforesaid , they shall also be free from violence . this prety little stratagem they thought would have infused such a wild-fire in the mutinous brains of the rout , as would in an instant have blown our interest into ayr , and invited the soldiery to have delivered their officers up as a sacrifice to obtein their own liberty : but their hopes were laid flat in this , for instead of a compliant acceptance of these propositions , they resolved to accept of no conditions , wherein their officers should not receive a benefit . the councell of warre having also the day before permitted doctor glyston to go out again , with one master sheffield ( one of the committee then prisoner in the town , brought from ( helmsford ) to mediate with the generall for the people of the town , sent also by him other letters concerning the souldiery , for condiditions of rendition , but answer was returned , that they had given us a former account of what conditions they would give us , and those they would stand to , and no other we must expect . and now being drawn to a sad exigency , and plunged into a very great extremity , it was not for us to protract time , but to adde wing to our resolutions , and close up our mis-fortunes as neer as we could , with an honourable conclusion , and with the best contrivancy of speed that might be ; for we had scarce left uneaten , one cat or dogge in the towne , some horses we had yet alive , but not many , for there were at that time in the commissaryes account a list of seven hundred nnd thirty horse , that had been kil'd by him , and orderly distributed out ; besides those that the soldiers had stoln out of the stables and kill'd , and others that gentlemen flaughtred for their privat tables , which i am consident made the number above eight hundred ; and for bread there was not corne left for one dayes provision , and many mouths to feed , for we had made all kind of corne the town would afford , as mault , barley , oates , wheat , rye , pease , and all we could recover into bread , for eight weeks togegether , to lengthen our store , still contented to undergoe any thing in particular that we might advance the generall service ; but our hopes were now quite dissolved in absolute feare of unavoidable ruine . yet this gastly visage of our interest could not exile that incomparable courage that generally inspired this gallant party with lively actions and patient sufferance , as if it had been equally indifferent to them , contentedly to undergoe prosperity or misfortune ; all mens resolutions were set on fire to desperate designs and by some unpresidented attempt to ruine their enemy , or to perish nobly in the enterprize , since it is much better to die honourably , than live basely . the meanest of the soldiers as yet held a conformable obedience to the commands of their officers , undaunted in their courages , and couragious in their actions , notwithstanding the many defigns and politick engines the enemy had imployed to alienate them from their duty , and dishearten them in their service . but least there might be any mis-apprehension betwixt the soldiers and officers upon the putting any designe in execution , this engagement was drawn , and generally signed by the officers , and gentlemen through the quarters . wee whose names are here under written , doe in the presence of almighty god , protest against all conditions that are or shall be sent from the 〈◊〉 , by which our libertyes may be infringed , and our honours blemisht . and we doe upon our honours solemnly engage our selves , not to desert one another , nor the foot , till by gods assistance we have forced our passage through all that shall oppose us , or to perish in the act , which we 〈◊〉 this three and twentieth of august , one thousand six hundred forty eight . then the town was againe searched what provisions was left , a severe account given , and all private stores taken , and brought into the commissaries , leaving but to every family that had most but one peck of corne , of all or any sorts , yet all would hardly amount to one dayes provision of bread . the next day being thursday the foure and twentieth , the enemy sent in a paper kite to the towne , which hovering a good while over , that the souldiers might take notice of it , at last they let drop in the midest of it , with many papers fixt to it , to the same purpose as those before shot in with the arrowes , and with them a book also of the relation of a great victory over the scots , and their generall rout ; and within two howers after made a generall triumph through the whole leaguer , giving a volley both of small and great shot , round the town in all quarters ; and some of their shot playing thick into the town gave us a very strong alarum , and as great hopes that it was but the forerunner of a storme , or the beginning of one , till we perceived it at so great a distance , as beyond and about the windmill beyond the east-street . but now their assurances were so great of gaining a victory without blowes , that they thought ( as indeed it was ) the best policy to forbeare , although they had drawn their approaches so near the line under berry fields , by the shelter of a wall which was yet standing , as that their souldiers from the trenches , and ours from the line might talke together , and throw stones at one another , and did frequently . friday the five and twentieth , the councell of war met againe early in the morning , where they resolved to send the lord fairfax word into the leaguer , that since he denied to treat upon any conditions that were honourable , notwithstanding our actions and demeanours in the 〈◊〉 had been nothing but what became our honoursand fidelity , if he were pleased to make an attempt of attaking us , he should not need to spring any mine ( as he boasted he had ready , ) but that any gate 〈◊〉 the town , that he should 〈◊〉 . choice of , should be set open , and his enterance disputed afterwards . but he was now sure ( as he thought ) of having us at an easier rate than the losse of so much blood as such a surprize must cost him if he had carried it , which he would hardly have doue . and indeed it was his best policy not at all to storme us , since he had leisure enough to wait our doome , the kingdome in generall being so dull & sluggish , as not to act any thing that might require his remove ; which had but any parts done by rising , though with small parties , at that time , might have easily forced him to ; so that he must either attempted a surprize by storm , or fairly retreated with a hazard ' of his honour , if not his army ; and 〈◊〉 he storm'd we had endangered the shattering of his whole body , the edge of whose fury was by this time much taken off , and somthing startled both at our resolutions and courses for defence , and much frighted at our sithes , and scalding pitch , which was kept boyling in iron pots and caldrons , every night round the line , with long ladles to cast it over the rampire upon their storming . wherefore considering the condition we were so sadly plunged in , through the defeat of the scots , the disloyalty of the whole kingdom , and the want we were in of provision to subsist any longer , not having any hopes that we could possibly hold out two dayes longer , unlesse without bread , which we must do , or not 〈◊〉 all ; it was the finall result of the councell of warre , to draw out the whole party that night , to their arms , both horse and foot , with what ammunition was lest , which was not much , and as many short scaling ladders as could be procured in the interim , and in the deadest time when we might be least expected , to set open two of the gates , and march out and storme their line , and so falling into their head quarters , beat up their whole army , and relieve our selves , or force our march through all oppositions that they should endeavour to obstruct us with , or perish in the attempt ; and if the private souldiers should entertaine any suspicion that the gentlemen , and officers , who had yet horses , should seeke out their safety by flight , and leave them engaged every man ( excepting only the general and the major general ) to pistol his own horse in the head of them ; which design being agreed on , and secrecy enjoyned , and every one taken his orders according to his duty in it , the councel broke up , & every man betook himself with the utmost of his endeavours to the making preparation in the day for the nights service . the enemy having this day planted four great pieces for battery against berry field ; fired about sevenscore great shot in the foorenoon against the old wall , but did very little hurt , only beat off the tops of two old ruined towers upon it , and kill'd some three men . this was taken as an opportune alarm to call the souldiers generally to the line , whereby they might unexpectedly be in a readinesse for the intended sally without bag or baggage , which was concluded generaly to be left behind ; for if we gained our hoped victory , we should command both them again , & our enemies to boot ; if we failed , we resolved to have no need of them . this i confesse would have been a desperate enterprise , but as noble , and had it proceeded to action , it might ( for ought i know ) to as honourable success , by a glorious victory ; and turned not only to our own liberty , but the whole kingdomes freedom , and peace ; as it hapned in paris once , when the duke of 〈◊〉 being besieged , and so distrest , that his soldiers called out to him to yeild rather then starve , made a resolute sally upon the french army , destroyed the whole body , and took the king prisoner ; and from 〈◊〉 marched against rome , where , although he was killed , yet the army took the city , and besieged the pope in the castle of 〈◊〉 . now all things were almost in a redinesse before night , and the ammunition and scaling ladders brought to a particular place , ready to be carried to the line ; but long ere night there was some officers that ( although i am so charitable as to think not dissenting from the designe ) alleged many arguments , that it might be better deferred till the next night , because they thought that then they should be in a far better readinesse ; by which means it was put off . but that night , by a most desperate misfortune , though by what means i know not , but before morning , some mutinous spirit had insinuated , into the private souldiers , that the officers and the rest of the gentlemen were resolved that night , or very sodenly to break away through the leaguer , and escape , and leave them all engaged . which sparke role to such a flame , as indeed proved a prefating comet to our succeeding ruine , and those souldiers so remarkeably gallant before , gave a curbe to that couragious spirit that guided their actions in the honourable obedience ; and poysoned their disturbed brains , into a frenzy of desperate mutiny round the line ; in fome places threatning to cast their officers over the line : so high a mutiny indeed it was grown before day , that it was rather likely to end in an immediate ruine to themselves and officers too , than a 〈◊〉 ; for the enemy never wanted their incendiaries amongst us , to agravate any mischiefe that mightpost forward our destruction , and wee might be assured would not only ( and did ) adde 〈◊〉 to this unnaturall combustion , but give the 〈◊〉 notice thereof , that they might make the best use of it . then the lords , and sir charls 〈◊〉 , sir william 〈◊〉 , and sir george lisle , expressed themselves indeed in all the proceedings , men as active as honourable , and beyond expression in both ; but never more than in the managing of this businesse , the rest of the officers as diligently bestirring themselves also as could be expected , and indeed to admiration , so that at the last they had wrought a little mildnesse amongst them , by endeavouring to give them all the satisfaction that could be in this their misapprehension . yet notwithstanding all endeavours to pacifie and allay this strangly conjured devill , it proceeded so on till it grew to such a height , that many left their guards and got in crouds about the line , and at the last , whilst the councell of war was sitting , selected about thirty , which they sent to the councell , to know what their intentions were , saying , that if they would not make conditions for them , and such as they should 〈◊〉 of , they 〈◊〉 article for themselves over the line , and leave their officers to shift for themselves as they understood their officers would have done by them . this put the councell of war into a great distraction , the souldiers , till then , never having acted any thing dishonourable , or unlike the most gallant souldiers that ever defended town ; and had suffered the greatest inconveniencies that ever , i think , men did , with as extraordinary 〈◊〉 , never shewing the least discontent at any thing . these comming to the house where the councell sate , sent in two , which they supposed to be most able speakers , who being called in , the lord norwich assured them of the falsity of their allegation ; to confirme which , he also gave them a true understanding of the designe ; telling them-also , hat they were so far fro 〈◊〉 them , or seeking any good , that should not extend in as great a measure to the meanest souldier amongst them , as to themselves ; that they were resolved to give themselves a prey to their enemies mercy , ( as it proved indeed ) and cast 〈◊〉 into the greatest inconveniencies that cruelty of a bloody enemy could 〈◊〉 them with , if thereby they might 〈◊〉 the 〈◊〉 souldiery from suffering ; and that it was their desires to deliver themselves 〈◊〉 〈◊〉 to the enemy , to purchase them an honourable liberty ; to which end , they were commissioning gentlemen to the lord fairfax to treat for it . to which the souldiers returned this answer , that they desired not any liberty that should be purchased at fo dear a rate , with many affectionate expressions of their resolutions to serve their officers again then , or at any time , when they should be commanded , and departed very much satisfied : which for the present appeased the mutiny , and so well indeed , that through their own folly their misery was like to arise , and began to examine how this jealousie began , but now it was unseasonable . and now it was as much too late to thinke of any thing but the worst of adverse fortune for the superiours , and present delivery ; the enemy already knowing as much of our condition in every respect as we our selves . so the souldiers being thus pacified and and 〈◊〉 to 〈◊〉 〈◊〉 , it was generally resolved as most convenient in that condition , to 〈◊〉 a gentleman from the councell to 〈◊〉 with the enemy for conditions , being frustrate of all hopes of longer subsistance or security , or possibility of further attempting any designe . whereupon col. sam. 〈◊〉 ( 〈◊〉 in honour and ingenuity ) was immediately sent forth , with full power to accept of any conditions he could obtein , and to conclude before he came back , who returned not till very late that night , yet time enough to let us know the sad conclusion we were like to have . for the general ( by the instigation ofhis councel of war ) was fallen from those conditions which formerly he had offered , and now they began to insult over our miseries , and the best that could be obtained , were to deliver our selves up , the souldiers prisoners at war with all officers under captains , and the lords , and other officers and gentlemen , to submit to mercy ; and that we should send the 〈◊〉 forth ( that were prisoners with us ) the next morning , if we would have any thing at all with him . see a just judgment for disobedience , in this reward these souldiers gained to themselvs , for their so tumultuous & mutinous disorder : their own thraldom ( 〈◊〉 proved ruine to many of them ) their 〈◊〉 destruction , and ( for ought i know the ruine of a design , that might else have been so prosperous , as to give redemption to the whole kingdome from that vassalage it is unhappily plunged into . the next morning , being sunday the 27 of august , the councell of warre meeting again , and this account given , inthere was no refuge , nor remedy left , nor any thing to trust to , but what conditions the enemy would give us ; the committee was therefore immediately dispatched , and col. tuke with five other officers sent forth again to the enemy , to confirm and signe articles for rendition , and manner of delivery . the soldiers of the enemies army and ours being already mixt on many places of the line , no fire given on either side , as if we had been absolute prisoners , long 〈◊〉 any conclusion was made . towards night they came back , and brought with them the articles , which were to be put in execution the next morning . the severall regiments to lay down their arms at their severall posts , and there to 〈◊〉 with their officers under captains , till they should be disposed of . the lords , with the rest of the officers and gentlemen to be by eight of the clock in the morning at the kings-head , and 〈◊〉 horses and arms without any imbezilment , in saint maries church-yard . all the ordnance to be 〈◊〉 on the 〈◊〉 as they were planted ; all the 〈◊〉 of 〈◊〉 , match and ball , to be left in the 〈◊〉 at the town hall which was easily don , for there was but one barrell and a halfe of powder left ; many great shot were indeed left , in the lord capels quarters , which the enemy had shot into the town , and the souldiers gathering up , sold to him for six pence a bullet . but many of our horses were taken violently out of their stables by the souldiers of the leagure , who flockt into the town before the gates were opened , contrary to the articles , and plundred every thing they could lay their hands on . and now began the last sceene of this tragedy ; the lords and gentlemen according to the articles met at the kings head , & the rest of the army at their appointed places , and all things ordered according to conditions ; & about two of the clock in the afternoon , the lord fairfax entered the town , and rid it round to view our line and shew himselfe in triumph to the inferior souldiers , but camenot near the lords ; where he found a just cause for his admiration , how it was possible we could maintaine it so long against him , whose very name was as he thought enough to conquer . then he went to his quarters in the town , where a councell of war immediately met according to his appointment to luxuriate their unsaciable mallice , in a collation of loyall blood , and raise their trophees in ruine of incomparable virtue . and after they had insulted upon our conditions , 〈◊〉 sported away some votes of contempt upon us , then lying at their unmercifull mercy , they concluded their 〈◊〉 , and decreed a barbarous sacrifice of innocent virtue , and of some prey . then they sent colonel 〈◊〉 to the 〈◊〉 〈◊〉 to visit , as we thought the lords and gentlemen , but he brought a sentence of death in his heart , though not 〈◊〉 in his mouth , which easily discovered it selfe in his death-like 〈◊〉 . comming up into the chamber , first 〈◊〉 the lords , and afterwards came to sir charls lucas , and with a 〈◊〉 〈◊〉 told him , that the generall 〈◊〉 to speake with him at the 〈◊〉 of war , with sir george lisle , sir 〈◊〉 gasquoine , and colonell 〈◊〉 if he were there , but he was not there ; so sir charls 〈◊〉 as presaging what indeed did afterwards follow , took his 〈◊〉 leave of the lords and the rest of his fellow prisoners that were neer him , and calling sir george lisle ( who was in discourse , and heard not what was spoke ) and sir bernard 〈◊〉 went 〈◊〉 with him , leaving the rest of the 〈◊〉 with sympathizing souls , sighing prayers for them , for well they might imagin what evill was intended 〈◊〉 them ; though they knew them guiltlesse of any thing that might justly bring their lives in question , though 〈◊〉 the mercy of the enemy , it being a generall rule , that the greatest expression of noble valour appears in the highest civility to an enemy subjected to 〈◊〉 , and was alwaies the practice of the most gallant enemies in the world. so 〈◊〉 caesar , having 〈◊〉 〈◊〉 , in the field ( his most implacable enemy ) pursued him into 〈◊〉 , where , when he came , his head was presented to him ( treacherously taken off ) by theodotus , who thought 〈◊〉 that means to ingratiate himselfe into 〈◊〉 extraordinary favour with 〈◊〉 ; but he no sooner beheld it , but 〈◊〉 of rejoycing at the 〈◊〉 of such an enemy , turned away his head , and wept ; and understanding the actors of that 〈◊〉 to be 〈◊〉 an 〈◊〉 , and 〈◊〉 , immediately 〈◊〉 〈◊〉 to be put to 〈◊〉 , and had given the 〈◊〉 reward to the other , had 〈◊〉 〈◊〉 〈◊〉 to the army and opposed him . many examples in 〈◊〉 kind 〈◊〉 i 〈◊〉 with , but never any for men to murder with mercy . but what should we expect in a kingdom , so heathenishly reformed , but loyall obedience by pretended law to be made rebellion , and horrid t : placed iudg of the court ; whilst innocent allegiance receives its deadly doome at the bar. the lords and gentlemen sitting thus expostulating with their discontents , and still revolving in their distracted minds what would be the event ; about an hower after came a messenger from sir charls 〈◊〉 , to desire a chaplaine to be immediately sent to him ; which strook a dead sorrow in to the hearts of all . whereat the lords ( desiring that no man might be a particular sufferer in so generall a cause ) called up one captain 〈◊〉 an officer of the enemies , and intreated him to hasten to the councell of 〈◊〉 , and desire them in the behalfe of the prisoners , that they would not make those gentlemen they had taken from them any greater sufferers then they intended to all ; who being all 〈◊〉 concerned in condition , desire also to be so in suffering . but all this could take no effect in them , having past their doom without ever calling the convicted to the court , or bar. a new unheard of way , of condemning men in our nation . the condemned , though not convicted knights , were immediately conducted to the castle ; which was nothing now but a dungeon and the county goale ; then col. 〈◊〉 comming to them , said they must prepare themselves for death ; then sir 〈◊〉 . lucas asked him , by what law they were to dye , or whether by an ordinance of parliament , by the councell of warre , or by command of the generall ? to which ireton made this answer ; that it was by the vote of the councell of war according to an order of parliament ; by which order all that were found in arms were to be 〈◊〉 against as traytirs . then sir charls lucas replyed , alas ! you deceive your selves , me , you cannot , but we are conquered and must be what you please to make us : with a countenance cheerfull as one going to a banquet rather than death , not shewing the least symptome of feare ; but as it were scorning death as much as he did the instruments that gave it ; only he desired time till the next morning , as to settle some things in this world , so especially to prepare and fit his soul for another , but that could not be granted , then he went on again , sir , doe 〈◊〉 think i make this request 〈◊〉 of any desir : i have to live , or escape the death you have doom'd me to , for i scorn 〈◊〉 〈◊〉 life at your 〈◊〉 ; but that i might have time to make 〈◊〉 addresses to god above , and settle some things below , that i might not be thrown 〈◊〉 of this world with all my sins 〈◊〉 me ; but since it will not be by 〈◊〉 charity , i must submit to the mercy of 〈◊〉 whose holy will be done ; do your worst i shall soon be readyfor 〈◊〉 . sir george 〈◊〉 said very little , only in the like manner desired a little respite , that he might have time to write to his father and mother ; but was also denyed . true servants of their old master , and good practitioners in his doctrine , thought it not enough to destroy the body , but as much as in them lay to kill the soule also . but colonel 〈◊〉 having taken his leave of them , they took an 〈◊〉 〈◊〉 that poyson , and went immediately to prayers ; sir charls lucas first praying and breathing forth such zealous expressions and heavenly ejaculations that 〈◊〉 seemed translated already into another world while he was yet alive , they afterwards prayed with the chaplain , and received the blessed sacrament . this religious devotion being finished they were hastned , forth into the castle-yard to be executed ; but sir 〈◊〉 〈◊〉 ( whom they 〈◊〉 〈◊〉 ere they understood what conntry-man he was , and after they had again considered of him ) was reprieved out of the consideration that he was a stranger to the kingdome . when these two true english worthies came to the place appointed for execution ( scarce to be believed amongst christians or men of humanity ) there came col. 〈◊〉 , rainsborow , and 〈◊〉 to be as well spectators as actors , in this inhumane tragedy ; to make their eyes witnesses ( though not their soules sensible ) of their unchristianity . where they found the loyal 〈◊〉 , ready to be sacrific'd , & with as undanted resolutions to receive death there ; as ever before they had dared it in the field , where the boldest rebell never gained honour by questioning their gallantry . sir charls being the first that was to receive this honour of martyrdome told them that he had often looked death in the face in the field , and now they should see he durst dye ; then having a little while retired himselfe upon his knees , he rose upwith a chearfull countenance and opening his doublet , shewed them his breast and setting his hands to his sides calls out to them , see i am ready for you , now rebells do your worst ; so they immediatly fired at him and shot him in foure places ; so that he was suddainly dead . then sir george lisle his turne being next , ( being before carried a little aside , that he might not see his friend fall ) was brought to the place to perform the conclusive part of this bloody scene ; and viewing the body of his dear friend and fellow martyr dead and bleeding on the ground , kneled down and kist it sobbing forth a funerall elegie in many sweet characters of his peerlesse and unspotted honour . then standing up , took out of his pocket five pieces of gold ( the whole stock he had about him ) and gave one of them to his executioners , and the rest to a gentleman then standing by ( who formerly had been his servant ) to deliver as his last legacy to some friends in london , with some filial expressions of duty to his father and mother , and recommendations to some other friends . then turning to the spectators said , oh! how many of your lives here have i saved in hot blood , and must now my self be most barbarously 〈◊〉 in cold ? but what dare not they doe that would willingly cut 〈◊〉 throat of my dear king , whom they have already imprisoned ; and for whose deliverance , and peace to this unfortunate nation , i dedicate my last prayers to heaven , and now traytors do your worst . then standing regardless of them with many invocations on the name of iesus , was suddenly also thrown dead on the ground ; which place lest there should want a monument of that cruell 〈◊〉 to all eternity , i am informed ( by those , and they divers , who have since viewed it ) is yet bare of grasse , & cannot be forced by any art to bear any . and since i have endeavoured to erect . a monument to their immortall fames , though but their very names alone were enough to adorn it , yet shall adventure ( though with a hazard of many a heavy censure for my audacity ) to imprint this epitaph upon it's cloudy front . though heer 's no calpe , nor arbyla nigh , yet here two pillars with non ultra lye ; and those herculean too whose red 〈◊〉 st ands ( as t'other ) crusht betwixt 2. mighty lands . measure their lives by their brave images in death ( as by the foot was hercules ) each a colosse of honor was , and strid or'e 〈◊〉 higher than a pyramid . their foes ( more 〈◊〉 than what affrick bred ) insulted when these noble victimes bled ; whilst they were glad their souls were vshers made to march in glory 〈◊〉 the royall 〈◊〉 . malice thy work is done , while this sad isle new 〈◊〉 surround for lucas and for lisle . thus fell these matchlesse twins of valour , and payre of glorious martyrs , posting to receive the inheritance of that never-dying honour in the other world ; being thrust headlong out of this for having too much here . night being come , and the chaplaine being returned , and this being related to the lords and gentlemen , every man expected that his own turn might be next , looking one upon another with clouded faces , that dictated to each other a noble sympathy of their troubled hearts , not out of any consideration or fears of what they expected to suffer , but for the untimely loss 〈◊〉 those gentlemen so untimely by a barbarous mercy murdered . thus they were al thrust into one room , from whence if any but stept to another , he was immediatly stript stark naked ; thus continued the rest of the prisoners till about candlelighting , then in came commissary generall ireton , col. whaley , and col. ewers , and saluting the lords , told them , they were sent from the generall , to them , and the rest of the gentlemen , to tell them that now ( for they supposed it was not unknown what had been done ) he did by them give an assurance of what before they held doubtfull : faire quarter as prisoners of warre . but the lord capel , instead of returning thanks , told them , they should have given the generall 〈◊〉 thanks if he had saved the lives of those two knights , whom they had already executed , then for the grant of their own ; saying also , that their conditions in relation to the service , and their owne yet alive , were alike , and all equally concern'd in the managing of that designe , and it was their desire to have run all one hazard ; which seem'd much to displease the messengers ; after this these gallants made an exit , the lords , with some other gentlemen , were drawn out and conducted to mr. 〈◊〉 house over against the kings head . colonell farre having escaped for the present , escaped also the iudgment the other two underwent ; but was afterwards taken , and sent with a guard , to his owne quarters , and there kept close prisoner till the remove of the rest . after the generall had kept us thus up three or foure days , he found out a new stratagem , both for disposing the prisoners , and paying his army ; first he layes a fine of 13000 l. upon the towne , with which money he intended to pay the private souldiers ; and for the officers , he distributed to every regiment a certaine number of gentlemen that were prisoners , as slaves to the gallyes , or to ransome themselves . the officers whereof came to the pound ( as the manner of grasiers is by their cattell ) and cald them first out of that into another , and then drove them away for the market , to make the most of them ; so most of them afterwards as they were able , and according to the civility of those they were distributed to , bought their liberties , and returned home ; in which manner they disposed of the greatest part excepting those who in that designe were in principall command . the private souldiers and inferior officers were drawn from their line , and shut in the churches , where they immediately placed guards over them , and gave free liberty to their foot soldiers , to goe in and pillage them ; so that in a very short time there was very few or none left with any cloathes on them , hardly shirts , and afterwards they having thus pillaged and stript them , some changing for their raggs , & some giving them nothing , they march't them away , in a day when it rained so violently , as ( had we not had gods engagement to the contrary ) we might have feared a second deluge ; how they disposed of them afterwards i know not , but there are divers in the kingdom that will tell you how they marched them from place to place 〈◊〉 the country , lodging them in churches and such places till many of them starved , and divers that could not march by reason of their 〈◊〉 , they pistold in the high waies , and some they sold ( as before they did the scots ) to be transported into foraine countries from their wives and children , no matter whither so they were once gon . the lords , with the rest of the prisoners , were kept in the same places they were at first , till the tuesday following , and then ( that they might be disperst , as neare as possible to their absolute ruine ) they first ( by examining their servants ) having gotten knowledg of each particular mans country , transmitted them to severall prisons , as contrary and far distant from their own homes as they could contrive ; the lords with some of the gentlemen to 〈◊〉 , and the rest to oxford , lynn in norfolke , warwick , 〈◊〉 in cornwall , & st. michaells mount , 〈◊〉 castle in 〈◊〉 , glocester , hereford , cardiff in glamorganshire , and 〈◊〉 other places . what became of them since , is writ in the daily book of their several misfortunes . this unhappy successe waited upon these noble gentlemen and their design , which let no man judge by the event ( a great argument with those whose understandings cannot perpetrate beyond the outward bark or face of things ) for by the same inference they may conclude unrighteousnes in god , who is sometimes pleased to give victory to the enemies of his truth . it is too saucy a thing to confine his providence , or determine his holy will , for my part i am confident had our repentance been as ripe for his favour and mercy , as our sins were before ( and i feare do yet continue ) for his frowns & judgments , this engagement had brought home the ark to israell , our liberty , and his , whose glorious seat is now in heaven , while his memory on earth lives fresh in the martyrdome of the most saintlike man that ever swaid an earthly scepter . it was said by plutarch of those who murdered caesar , ex percussoribus caesaris 〈◊〉 triennium nemo vixerit , of those murderers of caesar , not one survived three years . i am no prophet , but i beleeve god is just , and it not possible , but his vengeance is preparing for so execrable a regicide , that wanteth an equall in story for the malice and barbarity . as i dare not say without blasphemy there is no god in heaven . so i must not say without treason there is no king in our 〈◊〉 , while our hopes bud in the name of charles the second , who may yet succeed his father , both in his throne and virtues . exurgat deus & 〈◊〉 inimici , you that have not hands to help him , may yet take up the arms of the church , 〈◊〉 & 〈◊〉 . for my own part i will not despaire while there is mercy in heaven , and a just title upon earth , but he may fulfill that prophecie that is so authentickly averred concerning his person ; when all these horrid distractions and clouds shal vanish into a calm , and there shall be no more a babel city , carolus , a carolo , major erit carolo magno . to my ingenious friend upon his exact iournall of the kentish forces . vvhat i must say on this ( my very friend ) should rather be to cherish , than commend ; since criticks iury-men ( perhaps ) may grudge that one so partiall should be thy judge : yet i may draw my attestation so , that as a witnesse they may let me go . then on thy commentary ( which in right i cann't call lesse , since thou didst act and write ) i will say this ; thou dost not mercury't in any circumstance , except in wit : for he will know that language understands , thou ' st iacobs voice , as well as esau's hands . thine own heards slaughter too , thou 'st drest so neat , that to the ag'd it will be savory meat : and may they blesse the for 't , that thus doest tell with how much brav'ry lisle and lucas fell . there thou tol'dst thy saints bell , that our eyes to them might pay their annual obsequies . and shew'dst their slaughter-men , that they survive , whom they of life intended to deprive . indeed their mansion they have changed thus ; that is , they live , not in themselves , but us . thus by thy pen , thou givest them what they lost , anticipating their last rise almost : for them ( as then ) we now in glory spie , but i confesse , 't is intellectually . thy language thus givs both a life , & shape to th' martyr'd corpses , as an aesculape . yet for this art none can reward thy pen , since there 's no triumph or'e a citizen ; vnlesse you 'd sav'd ( not rais'd them ) you can't owne , a just pretence unto the grassy crown , thus ( stead of lawrell ) i must now bequeath nought to thy front , except a cypresse wreath . for ( i think ) rightly no man understands a fatall tragedy , that claps his hands . 〈◊〉 ( friend ) thou seest , i can no bayes conferre ; i le be thy vsher not thy trumpetter . thy new born off-spring i will cherish rather , ( as gossips doe ) saying , 't is like the father . your impartiall fidelio , g : w. to the ingenious author of these commentaryes . i 've read thy tract , this is my summ , thou 'st made thy kent , our christendome . roderigoe . to my honoured friend upon his commentary . those able souls who can claim great estates in the large fields of fancy , whose conceits free , high , & virgin in each golden-line , like gems set in that glistering metall shine , may chance go neer to cloath their muse ( my friend ) in a fit equipage for to attend thy triumph , when a poor , and needy braine must be a blot in thy more pompeous train . when such as i endeavoure thee to praise , we do but bring thee thorns instead of bayes , and by an indiscreet affection wound , those temples we intended to have crown'd . yet must i on , and so with what i doe thee injury , must crave thee pardon too ; for should i see thee thus engag'd among an hoast of enemies , fcourg'd by thy tongue , and like a true-borne coward , nor strike a blow in thy behalfe , nor dare to face the foe , as well might these great spirits who there dy'd condemn my cowardice , as now my pride . th' hast greater art than d●dalus ere knew to twist ev'n inke it selfe into a clew . more power than the highest fates afford , makes paper fighting , and a pen a sword. then lead the way , and we will learn of thee anew to spell our mis-lead loyalty . thou who could'st guide us thorow the wild maze of error , and teach truth those narrow waies shee 's often lost in , learn confused fame in her mixt dialect for to speak plain , taught by what thou 'st observd , and done before , and now hast said wee 'l act , and erre no more . no more shall kent hang down her drooping head , and sadly tell the number of her dead ; but blesse her overthrow , as proud that thou hast taught her thus the way to conquest now . lucas , and lisle , shall start amaz'd that words should have a pow'r to vindicate their swords . and charls himselfe confesse his wain to be a great deal fitter to be driv'n by thee . nay which is more , he shall at length confesse his wain full mooned by thy brains increase . e. p. finis . notes, typically marginal, from the original text notes for div a34782-e360 h. i. h. * a military mantle . a treatise of the roman ports and forts in kent by william somner ; publish'd by james brome ... ; to which is prefixt, the life of mr. somner. somner, william, 1598-1669. 1693 approx. 358 kb of xml-encoded text transcribed from 132 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-09 (eebo-tcp phase 1). a60898 wing s4669 estc r19864 12290816 ocm 12290816 58884 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a60898) transcribed from: (early english books online ; image set 58884) images scanned from microfilm: (early english books, 1641-1700 ; 194:4) a treatise of the roman ports and forts in kent by william somner ; publish'd by james brome ... ; to which is prefixt, the life of mr. somner. somner, william, 1598-1669. kennett, white, 1660-1728. brome, james, d. 1715. [10], 118, [2], 117, [15] p. : port. printed at the theater, oxford : 1693. first ed. cf. dnb. reproduction of original in huntington library. includes index. "the life of mr. somner", by w. kennett: 118 p. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng somner, william, 1598-1669. fortification, roman -england -kent. great britain -antiquities, roman. kent (england) -antiquities, roman. 2003-04 tcp assigned for keying and markup 2003-05 aptara keyed and coded from proquest page images 2003-06 rina kor sampled and proofread 2003-06 rina kor text and markup reviewed and edited 2003-08 pfs batch review (qc) and xml conversion a burghers delin . et sculp . a treatise of the roman ports and forts in kent . by william somner . publish'd by james brome , m.a. rector of cheriton , and chaplain to the cinque-ports . to which is prefixt the life of mr. somner . oxford , printed at the theater , 1693. imprimatur . h. aldrich vice-can . oxon. febr. 18. 1693. to his excellency the right honourable henry l d. viscount sydney of shepey , baron of milton , lord lieutenant of their majesties kingdom of ireland , lord lieutenant of the county of kent , constable of dover-castle , lord warden of the cinque-ports , one of the principal secretaries of state , and one of their majesties most honourable privy council . my lord , since i have had the honour to serve your lordship in the cinque-ports , i have been frequently considering , what seasonable return of gratitude i might make , for the favours i have receiv'd from your honour . but fearing , no production of my own might be worthy of your acceptance ; i am inclin'd to borrow something out of the common treasury of learning , wherewith to pay my first-fruits of duty and obedience . what i presume to lay before your lordship , may not prove perhaps unacceptable , since 't is a small , but excellent treatise , of very great esteem amongst the learned and judicious ; and does now justly implore your lordship's protection whether we consider the subject matter it treats of , or the places to which it relates ; in both which your lordship is at this time very nearly and happily concern'd . 't is an historical discourse of the roman ports and forts in kent , wrote some years ago , by a very eminent antiquary of canterbury , but never before publish'd ; and therefore humbly desires to be usher'd into the world under the gracious patronage of your lordship ; as being well assur'd , that the same auspicious effects , which daily attend both the cinque-ports , and county , from your great wisdom and sagacity , will as certainly here ensue , from your countenance and authority . their sacred majesties , who know best how to value what is really to be esteemed , and to place those persons in the highest trust , whose merits , and great accomplishments , deservedly entitle them to such honourable employments , have advanc'd your lordship ( of whose faithful service they have had so large experience ) to that noble station of government , in which you happily preside in ireland ; which never stood in greater need of such an able patriot and protector . our annals inform us , how infinitely ireland stood once before indebted to the matchless wisdom and courage of one of your renowned progenitours , the honourable sir henry sydney , lord deputy under queen elizabeth ; who , for the space of eleven years , gave admirable proofs of dexterity and conduct , in the managing of that untractable people ; though he had little else to encounter with , but obstinacy and rebellion . and , my lord , whoever considers those great and noble endowments of mind , with which heaven has enriched you , for the general good and benefit of the world , may from hence easily conjecture how extremely happy at this juncture the irish nation must needs be , under your lordship's present lieutenancy ; who seem in all respects , both born and form'd on purpose , to be the tutelary guardian of that distracted island . to render this tract , if possible , a litle more grateful and inviting ; i have subjoyned a catalogue , from the most authentic historians , of those noble personages who have been your lordship's predecessors in the constableship of dover-castle , and wardenship of the cinque-ports , which are both indeed offices of as great antiquity as renown . the learned mr. camden has observed , that our warden of the ports , did resemble the officer , whom the romans established for the defence of our coasts , call'd by them , littoris saxonici , or tractus maritimi comes ; who had then the charge of nine ports , as the lord warden has now of five : and allthough there is no doubt , but during the saxon heptarchy , the ports were under the regency of some such sort of extraordinary officer , as this was ; yet if the famous antiquary mr. lambard may have any credit , he tells us , that william the conquerour was the first , that imposed upon the limenarcha the name of warden , out of his own norman language : and mr. darell , in his account of these matters , saith , that william the conquerour created john fynes constable of dover-castle , which title of honour he settled , by deed of gift , upon him and his heirs ; which may occasion a conjecture , not alltogether improbable , that under the reign of that prince , those honourable offices began first to be united , in the person of one man : however , 't is certain , they have never since been separated ; but whatever great and eminent persons have been thus nobly dignified , by the grace and favour of their prince , their names stand now upon this signal roll of honour , in a successive series to this present generation . but , my lord , i consider that your minutes are sacred . may your lordship's great merits , and honourable atchievements , both for their majesties and their kingdoms , make you still the favourite of your prince , the glory of your age , the delight of your countrey , and the honour of the cinque-ports : may you live long and flourish , in an enjoyment of every thing , that may conduce to your happiness ; that so by the favour of heaven , i may the longer enjoy an opportunity to pay my constant duty to your lordship , and be more and more capable to give a repeated testimony , how much i am , my lord , your lordships most obliged chaplain , and faithful servant , james brome . the life of mr. somner . to the rev d. mr. james brome . sir , i have receiv'd the transcript you sent me of mr. somner's discourse of the roman ports and forts in kent : and i agree with you in the opinion , that the publication of it would do honour to our county , and service to the learned world . and since you have obtained leave of that venerable body , to whom the original belongs ; i am willing to assist in the edition . you judge right , that the life of the author is much wanting ; and that some notes should be affixt to this treatise , to explain what otherwise might stop the reader . from which task i wish you had not excus'd your self by a retir'd life , and want of access to books , and other notices of this kind . but since you devolve those cares on me , i will take up one half of the burthen ; and commit the other to our friend mr. edmund . gibson of queens college , a person well verst in the subject of antiquities , and therefore most fit to illustrate a discourse of this nature with such cursory remarks , as may adorn and improve the work . as to the author's life , since you have furnisht me with so many faithful materials ; i am content to tell the world , how great a man lyes buried , and how much his memory deserves to be reviv'd . in doing this , i shall treat him not as a courtier or a patron , whose reputation must be rais'd by lines of flattery , and artificial disguise ; but as an historian and antiquary , who is best represented in the same truth and plainness , with which he liv'd and wrote . there is this religion due to the ashes of an honest man , to let the memoirs of him be simple and unaffected , to lay by all unnecessary shades and colours , and only draw him like himself . william somner , son of william somner and ann his wife , was born on the 30. day of march 1606. within the parish of st. margatet's in the city of canterbury . a fit birth-place for an antiquary ; this being one of the most ancient cities in england 1 . and like a true patriot , he prov'd his natural affection , and repaid his nativity by giving it a new birth . he restor'd the perisht ruines , and brought back all its pristine glories . for his thoughts and affections having ever much inclin'd him to the search and study of antiquities , he did more particularly , as bound in duty and thankfulness , apply himself to the antiquities of canterbury . he hoped the better acceptance of the work from the author 's thankful intentions towards the place of his birth , judging this a sufficient motive why he should of all other places desire to know the antiquities and former stars thereof 2 . he was so well pleas'd with his lot of breathing first in this fair ground , that neither mind nor body could be mov'd to any distance from it : he took pleasure to call it the place of his birth , education , and abode 3 . like the good old citizen of veron● , within the walls , or in sight of them , he liv'd , grew up , and died . fashions he despised abroad , and learning he would have at home . so that here in studious content , he took up his cradle , his mansion , and his grave . he was descended of an honest and sufficient family 1 . his father was registrary , of the court of canterbury under sir nathanael brent commissary . this name had been eminent in other ages , and in other counties . iohn somenour of multon near croyland was a commoner of some figure in the reign of henry the fifth 2 . there was a publick hall or inn within this university , that was called from the first owner of it hospitium somneri , or , somenor shyn 3 . and there is now a gentile branch of this ancient name in the county of bucks . but let me observe this for the honour of our modest author ; that tho' the knowledge of podigrees was one of his proper talents , yet in all his works he gives no one hint of his own parentage or name . when his forward years made him capable of literature , he was committed to the free school of that city , then govern'd by mr. ludd , which he after gratefully remembers as the place of his education 1 . what his improvements here were , i know none living who can attest , and it shall not be my vanity to conjecture . tho perhaps he here imbib'd the inclinations to antiquity from the fresh memory of the late master iohn twine ll. b . who dying 1581. had been very inquisitive into former ages , had left a public monument of such knowledge 2 , and had made particular collections of the antiquities of this city 3 : whose fame in this part of learning might well incite an emulous youth , and raise that spirit , which carried him at last beyond this great example . however , here was our author initiated in the elements of rome and greece , among many rival wits , of whom let me mention only peter gunning son of a clergyman born at how in kent , an. 1613. and bred at this school to the age of fifteen , when being remarkably ripe for the vniversity , he was sent to clare-hall in cambridge 4 , and left his school-fellow behind . their acquaintance here contracted , settled after into a sacred friendship , and there hapned good opportunities to confirm it , by mr. gunning's frequent visits to this city , and by his preferment to a prebend in this church , an. 1660. but let the school be proud of this honour , that at the same time it instructed two of the greatest men of their age and nation , one of the best of divines , and one of the best of antiquaries . when our young scholar had made such progress in years , and in his studies , as qualified him for admission to either of the two greater schools of learning ; then , either by the perswasion of his friends , who in tenderness would keep him near themselves , or by his own inclination to deal with ancient records , he was plac't as clerk to his father in the ecclesiastical courts of that diocese . and when the usual time of apprehending was expir'd , he was soon preferr'd to a creditable office in those courts by that true judge of men , arch-bishop laud , to whom he after dedicated his first labours for the public , and gratefully declares , that the chief inducement whereby he was animated to appear in that kind , was his grace's interest in the author , as subsisting in his place and profession , under god , chiefly by his grace's favour and goodness 1 . what made that great patron of letters to prefer him , was no doubt a sense of his happy genius , comprehensive of past ages . for that wise disposer of stations in the church , made it his care and his glory to select such persons , whose abilities might best suit their respective employs . and being therefore to entrust the many antient records of his metropolitical church , he would provide a man of that spirit , who should with integrity preserve them , and with industry apply them to the service of the public ; as seems modestly acknowledged by our author , when he commemorates his grace's extraordinary care and cost for the collection of antiquities of all sorts from all parts , crowned by singular piety and nobleness in disposing them to the good and service of the publick 1 . believe me ( friend ) however some narrow envious souls would detract from the merits of this glorious prelate , and represent him so , as if even his memory were to be martyr'd : yet no one governour of the church ever did greater things , or promoted greater men . where shall we find that spirit to serve the public ? where that noble zeal for books and scholars ? forgive me these expressions . we of this place had in him the most effectual patron of our studies . he endow'd us with many admirable manuscripts , and encourag'd those that would search them . not that we now want an accession of such treasure to our bodley archieves . you will be pleas'd , i know , to hear that in one year elaps'd , we have expended sixteen hundred pounds in the truest riches of the east , in the purchase of such manuscripts as had been imported from those parts by two learned and judicious men. yet of these , the greatest part were in effect owing to the same prelate ; who supported the travels of dr. pocock , and enabled him to make that return we now enjoy . but i hast to mr. somner , who prosecuted the duties of his office with prudence and integrity . an office ( as he calls it ) laudable , and enough honourable 1 . and when he had any hours reliev'd from the business of his called 2 , those he devoted to his beloved search into the mysteries of time : to which by the nature of his profession , he seemed the more determined ; he himself observing , that to the studie of antiquities his particular calling did in some manner lead him 1 he lov'd much , and much frequented the cathedral service ; where after his devotions were paid , he had a new zeal for the honour of the house , walking often in the nave , and in the more recluse parts , not in that idle and inadvertent posture , nor with that common and trivial discourse , with which those open temples are vulgarly profan'd : but with a curious and observant eye , to distinguish the age of the buildings , to sift the ashes of the dead ; and , in a word , to eternize the memory of things and men. his visits within the city were to find out the ancestors , rather than the present inhabitants ; and to know the genealogie of houses , and walls , and dust . when he had leisure to refresh himself in the suburbs and the fields , it was not meerly for digestion , and for air ; but to survey the british bricks 2 , the roman ways 3 , the danish hills and works , the saxon 1 monasteries 2 and the norman churches 3 at the digging up foundations , and other descents into the bowels of the earth , he came often to survey the workmen ; and to purchase from them the treasure of coins , medals , and other buried reliques , of which he informs us , that many were found in almost all parts of the city , some of which came to his hands 4 whenever he relaxt his mind to any other recreation , it was to that of shooting with the long bow , which no doubt he lov'd as much for the antiquity , as for the health and pleasure of that manly sport . he forgets not to give a worthy commendation of it , to confess himself grounded in a good opinion of archery ; and not unwilling to vindicate the undervaluing of it with other men. he recommends to the reader a judicious elogie on this england's antient glory , by mr. john bingham in his notes upon aelian's tacticks , which because the book was dear and scarce , he presents a true copy of that whole passage 5 this was his diversion : but his more constant delight was in classic historians , in old manuscripts , leiger-books , rolls and records . which made him so quickly known to be a man of use and service to his country , that upon the great questions in descent of families , tenure of estates , dedication of churches , right of tithes , and all the history of use and custom , he was consulted as a druid or a bard. while appeal to his judgment and deference to it satisfied contending parties , and stopt litigious suits . this honour and trouble done to him he modestly owns in the epilogue to his countrymen , where he mentions the recourse which some of them had to him for satisfaction and information , rejoycing to give content to them and others 1 and truly i know no one part of humane learning , that can render any man a more agreeable companion , and a more beneficial friend , than this knowledge of places , times , and people . whoever is thus accomplisht , can never want information to strangers , instruction to neighbours , and a turn of diversion and profit to all society . if he have prudence and good nature , he may be as mr. somner was , the oracle of his country . but the soul of our author thought it too narrow a province to resolve the doubts of private men , and therefore would satisfie the whole inquisitive world . hence when he had digested his elaborate collections made for the honour of that ancient metropolis , and his good affection to antiquities , he dedicates them in a humble unaffected stile to the arch-bishop of canterbury , had them licens'd by his chaplain guil. bray , octob. 23. 1639. aud the next year publisht under this title . the antiquities of canterbury , or a survey of that ancient city , with the suburbs and cathedral , containing principally matters of antiquity in them all , &c. sought out and publisht by the industry and good will of william somner ; london 1640. 4● . in his preface with wit and learning he celebrates the knowledge of ancient things , confesses his own thoughts and affections to lie that way , and owns the encouragement of worthy friends , of whom he names dr. casaubon , one of the prebendaries of the church , and thomas denne esq . this accurate performance is the more laudable , because he could find no way , but what he made . there had indeed been two discourses of the like nature , spot's history of canterbury , mention'd by bale , and collections of the antiquities of canterbury , by iohn twine , to which he refers in his comment de rebus albionicis ; but both these were lost to the use of our author , 1 and we do not hear they are yet recovered . so as he had no one writer to transcribe or imitate , but all the labour and glory were his own . and indeed this difficult honour is the reward of true antiquaries , they tread in steps unknown , and bring to light the hidden things of past ages . while most other authors write over again in new words : and do not discover , but only represent . in this useful book , he forgets not to justifie his own profession . he enquires into the institution of notaries 2 proves ecclesiastical courts to be courts of record , &c. 3 he often shews his duty and zeal to his mother , the church of england ; defends her discipline , and justifies her constitution in his learned remarks on church government 4 , on archbishops 5 , on privilege of the clergy 1 , on dedication of holy places 2 , mischief of impropriations , 3 and such other subjects , on which , by the best of arguments , reason and authority , he vindicates the establishment which then began to shake . and truly this justice must be done to antiquities and the church of england . none have been perfect masters of the one , but what have been true sons and servants to the other . it was eminently so in those great names , camde● , spelman , twisden , marsham , dugdals . and might i mention the living , i know many who by improvement in these studies , have in the same way settled their judgment , and improv'd their zeal . for indeed there is a natural reason for this effects a good cause must appear best to those who look farthest back upon it . our church cannot have more genuine sons than those , who by research into the primitive state of things , can refute the impudence of those abroad , who pretend to antiquity ; and can expose the ignorance of those at home , who affect innovation . these men can stand in the ways , and see the old paths , and are fit guides to those who are but of yesterday , and know nothing . but of one providence which attended this work , i must remind you . it was done in such a juncture as preserv'd the memorial of many epitaphs , inscriptions , and proper observations which otherwise had soon been lost to all succeeding ages . for immediately began that rebellion and sacrilege , which plundred and defac't most of the cathedral churches ; and among other sad examples of popular phanatic fury , by the instigation of richard culm●r call'd in contempt blew dick ( the same i think , who procur'd an order from the house of lords to arch-bishop l●ud in the tower feb. 4. 1642. to have the rectory of chartham conferr'd on him , void by the death of dr. isaa● bargrave dean of canterbury , to which his majesty by letters , recommended that loyal sufferer mr. iohn reading● 1 ) this stately cathedral was storm'd and pillag'd , the beautified windows were broke , the tombs of princes ▪ and prelates were ravag'd , and every graceful ornament despoil'd . so that ha●● no● mr. somner took a faithful transcript before the originals were thus eras'd , all had been lost in ignorance and oblivion . the like providence has often watcht over and preserv'd many monuments of antiquity , just before the fatal ruine of them . the days of defolation were coming on , when that excellent antiquary , mr. iohn leland obtain'd a commission from henry 8 : an. dom. 1533. to authorise him to have access to all the libraries of cathedrals , abbles , priories , and all other places wherein records and ancient writings were repos'd , for collecting and transcribing whatever pertain'd to the history of the nation 1 by virtue of this power he transmitted the knowledge of many manuscripts , and other evidences which might have been dissperst by the dissolutions which followed in the years . 1536. and 1537. thus the indefatigable mr. roger dodsworth , just before the late destructive wars , transcrib'd most of the charters and other manuscripts , then lying in st. marie's tower in york , which tower was soon after blown up , and all those sacred remains were mingled with the common dust and ashes . thus again the worthy mr. william dugdale , ( after honour'd and preferr'd for his perfection in these studies ) search'd over all the manuscript books , original charters , old rolls , and other evidences relating to the cathedral of st. paul in london , copied out the monumental inscriptions , and procur'd sculptures of the whole fabric , and all the parts of it , about the year 1656. when that mother church was converted into a stable , and ten years after to a heap of rubbish . so that had not that antiquary drawn the image , as it were , before the loss of the original , all had been forgot , but what tradition had most imperfectly convey'd to us . thus are antiquaries , if not inspir'd , yet guided by the counsel of providence , to remit to posterity the memorial of things past , before their final period . it was thus our author recorded that flourishing beauty of holiness in that critical season ; which had it been omitted , the church had soon been lost within it's own walls . i cannot forbear to recommend to you that ingenious poem , which on this occasion was wrote by mr. charles fotherby , grandson of a worthy dean of that church . it is inscrib'd i●d●reptionem metr●politicae eccles●e christi cantuariensis , ad fidissimum & antique probitatis virum , deque clero anglicano optimè meritum , gulielmum somnerum . he● lapidum vener anda strues ! sic corruis ! aedes s●●rilegae has audent sic temerare manus ? 〈◊〉 fene strarum fracta est 〈…〉 amplius & vitreos nec pia turba stupet . caeruleo quoties me pictus daemon amictu terruit ? huic rabies culmeriana favet . hinc quantum nostro somnero ecclesia debet hic raptas nulla lege recenset opes . hic priscum templi● instaurat honorem , integra sunt scriptis & monumenta suis. pro veris hic molitur chartacea temp●a , et solidum marmor picta columna refert . vel templum pinxisse pium est exempla nepotes quae seri plorent , quaeque imitentur , habent , urbs satis antiqua haec non te , somnere , silebit , ingrata ob librum ni velit esse tuum . nomine tu portas urbis signasque plateas , per te distinctas novimus ire vias . this is but a part ; i refer you to the whole poem , as inserted in the monasticon 1 , out of pure respect to mr. somner . there were not wanting other pens to celebrate this first performance of our author . it has a just character given by a proper judge , the learned dr. meric casaubon , a pious and laborious work , and highly useful , not only to those who desir'd to know the state of that once flourishing city , but to all that were curious in the ancient english history 1 the best topographer since camden , when he comes to the roman station at canterbury , does for its modern splendor and glory , refer us to courteous mr. somner's description of it 2 , a very rational gentleman , &c. mr. kilburne in his survey of kent does only briefly touch upon the city of canterbury , because mr. william somner had so elaborately , judiciously and fully wrote of the same , that there was left but little ( if any thing observable ) which he had not there set down 3 . and mr. philpot who had reason to envy him , breaks into this acknowledgement : canterbury hath so exactly in all the parts and limbs of it been describ'd and survey'd by mr. somner , that i should exceedingly eclipse the labours of so industrious a pen , if i should go about to pourtray that in any contracted landskip , which hath been before represented to the publick , pencilled out in so large and exquisite a volume 1 . as this was the most ancient royal city , and the first episcopal church of the saxon christians : so had they both , a new precedence in this honour : they were the first whose antiquities were publisht to the world . and how few have been since conform'd to their example ? the history of st. paul's cathedral in london from its foundation , &c. is an absolute performance 2 and the history of the church of peterburg will be it's everlasting monument 3 but beside these two , i know of none but mean attempts . the historical account of the original , increase , and present state of st. peter's or the abby church of westminster , is little more than a bundle of epitaphs and inscriptions 4 the remarkable antiquities of the city of exeter 5 , are a dry collection , full of mistakes . the history of the bishops and bishoprick of winchester , with a description of that city , 1 , i presume to be an imperfect work , and therefore not publisht . the brief account of the monuments of the cathedral of norwich 2 was wrote for private use , and seems more to fear , than to deserve an edition 3 the antient rites and monuments of the monastical and cathedral church of durham 4 , is an ignorant and pitiful legend . the history of st. cuthbert with the antiquities of the ( same ) church of durham , was drawn by a much better hand 5 , but the edition of it that has crept abroad is false and spurious 6 . we expect the author 's own exact and neat original to be publisht , with fit notes and illustrations , by an ingenious person of singular industry , and great progress in these studies 7 . i hear of some others , who are now designing the antiquities of york , worcester , and carlisle : all of character and abilities for such performance . how happily would it spread the glory of the english church and nation , if among divines addicted to these studies , some one were prefer'd to a dignity in every collegiate church , on condition to employ his talent in the history and antiquities of that body , of which he was a grateful and an useful member ? thus far mr. somner had searcht only into the latin writers , and such national records , as had been penn'd since the norman conquest . but there is a sacred ambition in the spirit of learning , that will not let a man rest without new conquests , and enlarg'd dominions . especially in antiquities , every acquest heightens the desire , and the wishes are those of the eastern monarch , to have more than one old world to bring into subjection . this generous emulation invited our author to proceed , and attain the british and the saxon tongues . to acquire the first , there were rules of grammar , explication of words , and other sufficient memoirs , beside the living dialect , to guide a man of industry and resolution . but the saxon language was extinct , and the monuments of it so few and so latent , that it requir'd infinite courage and patience , to attempt and prosecute the knowledge of it . to this trial he was encourag'd by the advice of his constant friend dr. meric casaubon , who gives this account of it : that while he was lamenting the obscure remains of that tongue , it happily fell out , that he grew acquainted with mr. somner , born of a creditable family , one of primitive probity and simplicity . being extremely taken with his sagacious wit , and observing his wonderful industry in searching for the antiquities of his country ; and much approving his sharp and solid judgement , temper'd with the greatest modesty ; he began earnestly to perswade and excite him to the study of the saxon tongue , as a labour worthy his patient and ingenious spirit , promising his own assistance if he were able to give any , and to furnish him with any materials , that might aid and promote those studies 1 . mr. somner , whose humility of mind made him obsequious to the counsel of his friends , and tractable to any motion of doing good , complied with the advice of that reverend person , confirm'd by his own judicious thoughts , being sensible of the truth of what sir henry spelman had found by his own experience , that the knowledge of the saxon language was so far necessary , as without it the antiquities of england be either not discover'd , or at least imperfectly known 1 . when mr. somner began this task , give me leave to represent the difficulties he labour'd under . when the saxons had made the britains strangers in their own land , then the language which the conquerors brought with them , soon grew into contempt among themselves . even so early as the year 652. many out of this island were sent to the monasteries of france for education , and to bring back the manners and language of those parts 2 . in the reign of edward the confessor , by the great resort of normans to his court , the whole island began to lose their english rites , and to imitate the manners of the franks ; especially it was esteem'd a piece of breeding for all the lesser sort to speak the gallic idiom , and to despise the language and customs of their own country 3 . this inglorious affectation is confess'd by an historian who liv'd in that age . it lookt like an omen of being to be shortly conquer'd by that nation , of whose tongue and fashions they were so industriously fond . the event was so . three and twenty years after came in the norman lords , who threatned an extirpation to that language of which the natives began to be asham'd . for these new masters hated the english , and so much abburr'd their idiom , that the laws were all administred in the french tongue , the very children in schools were kept from learning to read their mother language , and were instructed only in the norman ; the english manner of writing was omitted 1 the ignominious marks of a conquered people . the same author from his own experience does again lament , that the saxon hand which had been us'd in all writings grew into disgrace , and the french hand , because it was more legible and more pleasing to the eyes , did every where obtain 2 , so as in the very next reign , the saxon letters were so obsolete and so unknown , that but few of the elder people were able to read them 3 . nay in the year 1095. wulstan bishop of worcester was depos'd , when scarce any other thing was objected against him , but that he was an old english idiot , who did not understand the french tongue 4 it is true , the next successor henry the first , gave a charter to william arch-bishop of canterbury , confirming to him the possessions of his see , in the saxon language and characters 1 this was but a single instance , and perhaps done to oblige his queen of the saxon line , and to ingratiate himself with the english subjects , who might hope by this marriage they had a better title in him . and therefore it is a mistake in the learned mabillon 2 , and some other authors , who assert the saxon way of writing was lost from the very time of the norman conquest . it was with the saxon characters as with signs of the cross in public deeds , which were for the most part chang'd into the norman way of seals and subscriptions , yet some charters were with the old form of crosses . the saxon dialect obtain'd no doubt in country vills , with some borrowed variation from the french , and some remains of it did intermix with the court language . but the barons and knights who were most of them norman , were so afraid of their children's talking the old english , that in the reign of henry the second , they sent them over into france for education , to wear off the barbarousness of the native tongue 1 at the beginning of the reign of edward the third , robert holcot a dominican , confess●● , there was no institution of children in the old english , but they first learn'd the french , and from the french the latin tongue , which he observes to have been a practice introduc'd by william the conqueror , and to have ever since obtain'd 2 . tho from the first decline of the barons , and advance of the commons who were more of english blood , the country language grew more into request , till at last the commons in parliament at westminster the 36. of edw. the third , shewed so much of the english spirit , as to represent to the king the great mischiefs which would happen to divers of the realm , if that the laws were pleaded , shewed , and judged in the french tongue , which is much unknown in the said realm , &c. upon which it was ordain'd and stablished , that all plees , &c. should be pleaded , shewed and defended , answered , debated , and judged in the english tongue , &c 3 . yet this law did by no means restore the saxon , either in the alphabet or in the prime dialect : it only redeemed the kingdom from an old token of subjection , and did honour to the then compound language , much vitiated by imported words and phrases . and still there seem'd a dash of the norman spirit , which by the same law provided that all such pleas should be entred and enroll'd in the latin. if there were any conveyance of the true saxon tongue , it was in the monasteries ; but in those only which were founded before the norman conquest ; for in such , interest did oblige them to understand the language of their original charters . it was for this reason , that in the abby of croyland , a tutor was appointed to teach saxon to some of the younger brethren , that in their old age they might be more fit to alledge the records of their monastery against their adversaries 1 . and it was no doubt for the like reason , that in the abby of tavistoke , which had a saxon founder about 691. there were solemn lectures in the saxon tongue , even to the time of our fathers , that the knowledge of that language might not fail , as it has since well nigh done 2 . so that had mr. somner liv'd before , or in the age of reformation , the way of attainment had been less difficult . or had he been reserv'd to these lower times , he had met with more of help and conduct . for we have since had a good part of the scriptures more correctly publisht , with excellent notes 1 . we have had histories most correct 2 , but what above all facilitates the progress and perfection of learners ; we have had methodical and accurate institutions of grammar by the learned dr. george hicks , incomparably skill'd in the antiquities of our church and nation . so that now to be ignorant of that tongue is not the misfortune of a scholar , but his fault . common industry , and an easie application serves . but mr. somner had a much harder province ; he was in a manner to invent the language , as well as to restore it . for upon his first essays that way , he had but two poor manuscripts , and one of them on so obscure a subject , as might have exercis'd a critic , sooner than instructed a novice . but he had an active soul that would feel no impediment . this made him his own guide , to be not only the discoverer of a new world , but the master of it . his success in those studies he himself congratulated in his own modest way ▪ when by the advice and perswas●on of dr. meri● casaubon , i began to apply my mind to the saxon tongue , in no long space of time i seem'd to reap some tolerable fruits of my endeavors , which did abundantly compensate my labors , &c 1 . and that first moving friend does applaud the event of his counsel in these words . to be short , when he had approved my advice , he prosecuted the business with that 〈◊〉 industry , and such equal happi●●● of wit , that within few years he may be compar'd ( to speak modestly ) with the most eminent in that knowledge 2 . nor did he only surpass most of his predecessors , but exceeded some that followed after : and is numbred among the few complete critics by the best of judges ; who has rightly observ'd , that since the erection of monasteries , where saxon books lay unknown to those that kept them , unto our own times , onely two forreigners , and about twenty natives , had by their own industry attain'd the faculty of this tongue . of which small number few arriv'd to an accurate and critical knowledge ; jocelin● , somner , mareshall , and junius , publisht all their saxon purely and correctly : but from almost all others , it came with fault and imperfection ▪ namely from those greatest men j. selden , and sir henry spelman , and even from the very professor , mr. a. wheelock 1 . i would not cite the approbation of lesser writers after the testimony of so great a man. i would only add that his very enemies ( if he had any ) admir'd this accomplishment in him . he who was the only man that oppos'd any thing our author wrote , does him this justice . his labours , says he , as they are pleasant to such who are delighted in the knowledge and observation of the manners and language of our forefathers ; so have they been and ever will be , very profitable to all that are studious and inquisitive into antiquity . for his success in the restauration of that our ancient speech , which had been almost lost , and in a manner so long huried in oblivion , is very eminently known and admir'd ▪ and shall by me be always gratefully acknowledg'd 2 . mr. somner by his absolute faculty in the saxon tongue , was now enabled to make the more intimate search into all remote antiquities . his next merit was on this occasion : his honour'd friend and countryman sir roger twisden had publisht the laws of henry the first , an. 1644. fol. to which was prefixt an old glossary , which mr. somner observ'd to be faulty in very many places . 1 . on this edition he wrote notes and observations large and learn'd , with a very useful glossary . 2 . to which he himself refers in his other glossary on the ten historians , on the words gravatio , mancusa , &c. of which he had treated more largely in his former , not then , nor alass yet publisht . if those papers are in your hands , you have an opportunity to serve and oblige the world . from his time of engaging in the memorials of canterbury , he laid the foundation of a larger design , to collect all the remains of the state of the whole county , for a just and perfect history of the antiquities of kent . this projected labour he owns to have taken on him , in the kind epilogue to his country-men . if by your good acceptance of these my labours for the city , i may receive ●●●couragement to proceed in my end●avours ● it is in my thoughts , by god's assistance , in t convenient time , to do somewhat in like ki●● for you in the country . 1 . and to confirm the truth and honesty of these intentions , an account of what saints had th● dedication of parochial churches within that diocess he leaves with them in pawn , and as a pledge of those his future endeavours , for their farther content hereafter , if god 〈◊〉 he omitted no time , and spar'd no pain● , to prepare this work without , and to make it fit in the field , that he might afterwards build the house : a house that was not to be built in a day , but the foundations to be dug deep , and the materials to be fectht from afar , with great contrivance , great patience , and great expence . but he made a gradual progress , and in the preface to his tract of gavelkind , which he wrote twelve years before the publication , i. e. an. 1648. he confesses it was now●full eighteen ( i think it should be eight ) years , since by solemn promise he became indebted to his countrymen , upon their good acceptance of certain of his labours in behalf of their city , to proceed to the same or some other such like undertaking for the county : a thing which as he then really intended , so had he not since wanted that encouragement for it from the better sort , which he could expect . but ( says he ) being soon after ( pro● dolor ! ) overtaken by that impetuous storm of civil war , not yet quite blown over ; i was necessitated to betake my self to other thoughts . this was a just excuse , and he had the same reason to beg their longer patience . for ●he resolv'd the conception should be an elephant before its birth , therefore he was still encreasing his plentiful store , and still digesting and disposing the order of it . in the mean time ▪ he hop'd not only to be ex●us'd of his countrymen for ( what had not else been hitherto delay'd ) his county-undertaking , but also to obtain of them yet farther respite , in hope of a better opportunity to discharge that debt . in the year 1659. the time of publishing his saxon dictionary ; he again renew'd his promise , that when that work was finisht , he would adorn and complete the antiquities of kent 1 . in the following year 1660. he was so taken up with the joys of a returning church and king ; and so particularly involv'd in the cares of retrieving the scatter'd records , and raising the memoirs of the dead : above all so immerst in providing that all might justly refund their stolen portion of church-lands , and in stating the accounts of fines , leases , and other emoluments o● the dean and chapter , who trusted all to his entire integrity and art : that he could not possibly attend to the finishing that long promis'd work . tho' the generous design was still breathing , and expir'd only with himself . but let not the world lament it's being depriv'd of those labours . for the discourse here given of the roman ports and forts in kent , was no doubt an apartment of that spacious fabric , and was to have been joyn'd to the rest of that model . as is evident by this : in his sax●n dictionary on the names of racul● reculver , limene mu● , mouth of the river or haven of limne , luu●●n-pi● or sandwich , &c. he promises a better and more large account in his kentish antiquities ; all which are largely dicuss'd in this tract , which must argue it a part of the same work , to which he then refer'd . besides , among all the intimations of his other performances , he never cites this by the title , under which he left it , roman ports , &c. which proves it was included under the general design of the antiquities of kent . there be some other loose papers on that subject , which are now , sir , in your hands , and i know your spirit for the public interest , will embrace any fair opportunity to do good and to communicate . i doubt he set his last hand to that part of the argument only which you now publish , which really is a learned and judicious discourse ; there runs thro' the whole such a vein of reason , and such a force of authority , as is not easie to find in any authors , that write for a party , or for any thing but truth . he is singularly happy in fixing limene or the mouth of the river limene , or rother , at romney , since turn'd another way : which is much confirm'd by some old manuscript annals that i have lately seen 1 . and in placing the lapis tituls of nennius not at stonar , but at folkstone , wherein he has the honour to be followed by a most learned prelate . 1 had he liv'd to supply and methodize the whole , how would he have corrected the remarks of all that went before , and superseded the endeavours of most that could follow after . for i believe , it is your opinion , sir , as well as mine , that what lambard and camden did before , might admit of emendations , and considerable additions . and what mr. kilburn and mr. philpot did since , was all modern and superficial . i wonder these two last who were cotemporary with our author , should seem to have had no recourse to him , nor any knowledge of his more complete design ; which could be only owing to their own pride , or want of address to an easie and communicative man. mr. philpot did engage to write another discourse of the ports in kent , speaking less of the cinque ports , because he intended to publish a particular treatise relating solely to their immunities , and their just right to take cognisance of the fishery at yarmouth 2 . this faith the writer might have kept , for he liv'd to the year 1684. but there is no dependance on a man who could afford to rob his own father of the credit of that book . for the villare cantianum , or kent surveyed and illustrated republisht , london , 1659. and 1664. fol. under the name of thomas philpot , is said to have been done by iohn philpot the father , born at folkstone , somerset herald at arms , who died 1645 1 . let this only be observ'd for the honour of kent , that while other counties ( and but few of them ) have met with single pens to give the history and description of them ; ours of kent has had no less than four writers to celebrate the glories of it , lambard , somner , kilburn , philpot . let me observe farther in respect and duty to my native town , that what mr. somner asserts of dover , being the place where iulius caesar intended and attempted to arrive , is from astronomical computation , fully demonstrated by the very ingenious mr. e. halley , who proves the year , the day , the time of day , and place , the downs , where he made his first descent 2 . let not posterity censure mr. somner for this abortive design on the antiquities of kent , nor impute it to slothfulness , or change of mind , that he did not complete the model he had so long fram'd . it is a common infirmity of those who write nothing , to reflect on the delay of any one expected work : as if it were no more to do , than to talk of being done . of the fatigues in a great performance , none are sensible but those who are engag'd in them . thought and reflections , searches and reviews , remarks and collations , method and stile , and ten thousand cares , all multiplied on the men of greater fidelity and caution , retard the author , and protract his work : especially in matters of antiquity , to be in haste does make the blinder birth . for those writers cannot at one prospect get a view of their design . like the new improvement of perspective , the scene opens wider by longer looking on : that is , the business multiplies on the undertaker's hand , and the burden encreases on the weary bearer . it is this has made more antiquaries fail of their proposed attempts , than any other sort of writers . mr. iohn leland the first restorer of english antiquities after the age of printing , undertook so immense a task , that the very thoughts of completing , did ( as 't is said , distract him 1 . so as after the publishing some short and trivial essays , he left his four volumes of collections , fol. his five volumes of itinerary , 4 ● . and some other monuments of industry in manuscript , for the most part indigested without leisure , or without patience to complete them . the next antiquary mr. robert talbot , had a great genius and an equal diligence , to gather and preserve the fragments of time : but designing annotations on the itinerary of antonine ; and a collection of ancient charters , &c. he died with his thoughts and his papers in confusion . with what tedious application and gradual advances , did the great camden conceive and nourish his fam'd britannia ? had his life and strength endur'd , no doubt he had still been altering and augmenting the glorious work . but he fell , and left unfinisht this and some other of his own , and the world 's disappointed hopes 2 . mr. roger dodsworth fill'd above sixty volumes with the most elaborate collections ; but was still hunting for more , without the content of disposing what he had . and therefore excepting the charters inserted in the two volumes of monasticon , which cost him little other pains than finding , and remitting to the press ; he left nothing but infinite materials for those who would apply them better . sir simonds d'ewes , a great valuer of history and coins , had laid a scheme for the antiquities and state of britain , wherein he pretends he would discover errors in every page of camden 1 ; but by death he fell from his great and vain attempt . mr. t. allen , mr. b. twine , mr. w. fulman , and many other antiquaries of this place , had the same ambition to collect , and the same misfortune never to methodize or publish . but beside these instances of general designs , the particular efforts on a history of single counties , ( like mr. somner's on kent ) have dropt into the graves of their intended authors . mr. thomas risdon drew up a survey or chorographical description of devonshire ; but had not time to make the edition of it 2 . sir simonds d'ewes attempted the topography of suffolk 3 . sir edward byshe promis'd the antiquities of the county of surry 1 . sir matthew hale made great collections relating to the county of glocester , but would not frame them into any disposition for the press 2 . captain silas taylor spent some years in picking up various remarks on the county of hereford , but cast them into no just discourse 3 . mr. sampson erdeswick wrote a short view of staffordshire , containing the antiquities of the said county ; but could carry it no farther than ms. notes 4 . and mr. randal catheral , got voluminous collections that respected this county of oxford 5 ; but never could cast them into a regular history , and took so little care to reposite his mss. that to all my enquiries , they are now lost . not to mention the reported designs of later men , dr. nat. iohnston on the west-riding of yorkshire . iohn aubrey esq on wiltshire . walter chetwind esq on staffordshire ; to whose labours , if still depending , i wish resolution and success . forgive me this digression , and think it less impertinent ; because it serves to justifie the memory of our author , when so many others have fallen short of the like intentions : and the nature of such attempts is more apt to absorb and discourage the aggressors . in the mean time , we should better accept and esteem this remnant that is sav'd of the antiquities of kent , and hang up the little plank , as more sacred than the whole ship . but it is a more just apology for mr. somner , that he did not devote his whole time to this ineffectual labour ; but was all along employ'd in some other duties to the public . he found it necessary , not only to know the places and persons , but the customs and tenures of his country ; of which none so eminent , and so peculiar , as that of gavelkind . this the lawyers inform'd him to be the local custom of kent , whereby if the antecessor died intestate , all the heirs male did equally share in the inheritance of lands , which had not been held in capite , nor disgavelld by special act of parliament . but this account would not satisfie so inquisitive a mind as that of mr. somner , for his aim was always to understand properties and nature , more than names : according to that end propounded by himself in all his researches , which was to know things , not so much in their present as primitive state , more in their causes than effects 1 . and to this enquiry he was the more induc'd , that he might satisfie his countrymen , and gain excuse for delay of his county-undertaking . for the more easie purohasing whereof , that they and others might perceive he had not been altogether idle , he pitch'd in his thoughts upon the kentish custom of gavelkind , and to some more than vulgar discourse thereof , as a specimen and earnest of his farther intentions for the county . this discourse he divided into five heads . 1. the true etymologis and derivation of the name , where he refutes the continued fancy of lambard , coke , camden , verstegan , cowell , spelman , dodderidge , and many other lawyers and antiquaries , who would derive it from the saxon gipe●eal cyn give to all kindred , or to all alike . whereas he proves the name is by no means borrowed from the partible nature of the land ; but from gapol or gavel a tribute or customary rent , and gecynoe nature , sort or kind ; implying it to be land not held in fee , as knights service ; but chargeable with such rents as made it socage tenure . 2. he enquires into the nature of gavelkind-land in point of partition , and proves it was neither from the name , nor bare nature of the land ; but partly from the nature of the land , and partly from a general custom extended thro the whole county in such censual land . 3. he searches into the antiquity of gavelkind-custom ( in point especially of partition ) and why more general in kent than elsewhere . 4. whether gavelkind be properly a tenure or custom ? where he treats with incomparable learning of all feudatory right , and all menial service . 5. whether before the statute of wills ( 32 , & 34 , henry 8. ) gavelkind-land in kent were devisable or not ? which he resolves in the negative , and answers all arguments of those who hold the contrary . all these points are discust with that variety of knowledge , and that ingenuity of spirit , as will make the author and the book valued , while learning and law are valued . at the end is an appendix of such muniments , charters , and other escripts , as were quoted in the precedent discourse . this subject led him thro a long course of common law , and thro the sense of very many statutes : for which he was afraid he might be thought too bold with the men of that robe , too much medling with matters of their peculiar science ; but hopes they would excuse him , being one that honour'd their profession , and had an intent only in his way to do them service , and their profession right , by holding forth to public view some antiquities , tending at once to the satisfaction of the one , and illustration of the other . what esteem this treatise bears among men of that honourable facultie , i might suggest by this familiar hint . i sought in vain for the book among many libraries , till it was lent me by a worthy friend eminent in that profession . i hope in a short time a new edition may spread it into more hands . but let me give you a farther history of it . when mr. somner had drawn all his thoughts and authorities into a just discourse , he sent his papers to his judicious friend arch-bishop vsher , who return'd them with this testimony : i have perus'd this learned treatise of gavelkind , and judge it very fit to be published . ja. armachanus . apr. 7. 1647 1 . this approbation of so great and good a man , was the best license that could be askt , or given to the book . but there were two reasons that hindred the publication . first , the distress and persecution of the writer , which might take from him the appetite and ability of printing . secondly , the ignorance and affectation of those times , that hated all antiquity ecclesiastical and civil ; and doted on a new gospel , and new laws : so that till the nation was dispossest of this spirit , it was not fit to cast the pearl before them . the author laid it up in his own archives , and imparted it only to the perusal of some peculiar friends . dr. m. casaubon had seen and read it , and in the year 1650. told the world , that his friend had write a just treatise in english , upon that most famous and most ancient custom in kent , call'd gavelkind , &c 1 . the author himself upon occasion own'd the hidden treasure , and pointed to it once or more in his notes to the words of lipsius , an. 1650 2 . and very often in his glossary , an. 1652 3 . but when monarchy , episcopacy , and learning were restor'd , then the author brought forth the things new and old , when the eyes of men were opened . yet still his own modesty would have longer conceal'd the talent , if the importunity of friends had not prevail'd . for he confesses an. 1660. that the preface and treatise had been written more than twelve years agon , and had lain by the author ever since , and they had not now come forth but upon the encouragement of some worthy and judicious friends . at their request it appear'd abroad with this title . atreatise of gavelkind , both name and thing , shewing the true etymology and derivation of the one , the nature , antiquity , and original of the other ; with sundry emergent observations , both pleasant and profitable to be known of kentish men and others , especially such as are studious either of the ancient custom , or the common law of this kingdom , by a wellwisher to both , william somner . london , 1660. 4 to . in this elaborate work , the author is most happy in the etymology and description of gavelkind , and socage , of the norman's fief de haubert , and fief de roturier ; of the saxon's boclan● and folclan● ; of the feudists allodium and feudum , &c. wherein he is singular and dissenting from all precedent writers , with such a vein of modesty , and such a strength of reason and authority , as has yet satisfied all readers , and silenc'd all critics . he has farther explain'd all the different tenures in capite ; knights-service ; fee-farm ; frank-almoign ; divine-service ; escuage certain ; burgage ; villenage , &c. with all lands denominated from their service , as work-land ; boc-land ; aver-land ; drof-land ; swilling-land ; mol-land ; ber-land ; ware-land ; terra-susanna ; for-land ; bord-land ; scrud-land ; over-land ; mondy-land , &c. wherein he supplies and corrects littleton , and his oraculous commentator : he fills up the defects of spelman , and prevents the industry of glossographers , that should follow after . and therefore the diligent du-fresne , in explication of most of these terms , barely translates the english of this book , and faithfully refers to it 1 . by this one performance he has indeed shew'd himself an absolute civilian , and a complete common lawyer ; stating all tenures and methods of conveyance with exquisite judgment ; and examming the writ de rationabili parte bonorum , with that nice hand , as prov'd him master of more than he profest . and in many of these disputes he could have been a more final arbiter ; but that his habitual modesty restrain'd him ; so that when many other points of common law did offer themselves to his discourse , yet being out of his profession , he would not wade or engage any farther in the argument ; lest he should be censur'd of a mind to thrust his sickle into another man's harvest . 1 to obtain this knowledge in the laws of his country , he had trac'd all the streams of justice to their fountain head ; he had searcht back into all the institutions of the norman and the saxon ages . and having first diligently enquir'd into the laws of henry the first , and adorn'd them with notes , and a glossary , as was before observ'd ; he went back farther , and reviewed all the policy of the saxon kings ; a copy of whose laws had been first gathered up by mr. alexander nowell , ( whom mr. camden 2 calls the reviver of the saxon language ) in the year 1567. who going then beyond the seas committed them to his pupil in those studies , mr. william lambard , desiring him to translate them into latin , and to make them public , 1 . which was done the following year under the title of apxaionomia , sive de pris●is anglorum legibus , &c. lond●ni , 1568. 4 to . reprinted fol. at cambridge , 1644. in the perusal of this work , our judicious author found , that in the latin version there was a polite and elaborate stile , too much affected , that gave little or no help to the reader in understanding the original saxon 2 . which opinion was after confirm'd by that stupendous master of the northern tongues , fr. iunius , who speaking of mr. lambard's publishing the laws of the english saxon kings , translated by himself , tells us that he better approves the ancient version by jo. brompton , and advises all that love the genuine monuments of antiquity , rather to embrace the old interpretation of a rough and impolite age , than rashly adhere to the modern and more refin'd translators . 3 . the same censure was continued by the annotators on the life of alfred , 1 , and by the last editor of the saxon chronicle . 2 . upon this principle mr. somner did believe , that such an elegant and paraphrastic way of rendring old records , was too much like paint on the face of a wrinkled matron , or a cap and feather upon gray hairs . he resolv'd to take off the disguise , and represent the true venerable aspect ; by a new version plain and nigh to literal , for the benefit of all who were studious of the saxon tongue ; to which he added some laws that were omitted in that collection by mr. lambard . 3 . and designing farther ; that such gentlemen who would read only their mother tongue , might not be ignorant of these fundamental constitutions , he turn'd them all to modern english , and has left the transcript thus entitled , the ancient saxon laws translated into english . neither of these versions has yet seen the light , tho● most worthy of it . the first of them especially , will be of great use to the next editor of the saxon laws . for mr. lambard's collection might be now greatly improv'd , as one , who best knows , assures the world , that beside the laws first publisht by lambard , and revis'd by wheelock , it was probable that many others lie conceal'd in the bennet and cottonian libraries , which it would be good service to send abroad into the world . and ( says the same great man ) i have by me a transcript of the laws of king aethelbert , hlothare , and edric , from the textus roffensis , which lambard , however diligent in searching out these laws , had not seen before his edition of archaionomia . 1 . let us not despair of a revisal and augmentation of this codex of english laws . our friend who has done so much honour to the saxon chronicle , is of abilities , and a genius fit for this other performance . in the mean time , let me observe , that nothing would more facilitate and perfect the studie of our common law , than an application to antiquities of this kind . it is pity the young gentlemen of that profession should be content to learn only the present practise of the courts , and look no farther into the original of judicial methods : which alone can admit them to the depth of reason , and the bottom of a cause . there is indeed little hope of this progress in those new measures , of first learning the practic forms in subservience to attorneys , and bare entring of names for a title to the bar . but where men of parts are honour'd with the more liberal education of spending some years in one of the two national schools of learning , and thence transfer themselves to the seminaries of the law , to prosecute the histories of use and custom : from such we might expect those degrees of knowledge , that would accomplish the advocate , the judge , and the statesman ; such would be truest patriots of their country , and would be the more unwilling to have the laws of england chang'd , when they understood what they were from the beginning . i dare not speak more of my own sence ; but i humbly refer to the words of a wise man , who when he has recommended ancient histories and original laws , concludes thus . this i thought good to say for the sake of our young gentry , who adorn the inns of court , if possibly by my advice they would not spare their pains to attain the saxon tongue , and run over the many monuments of venerable antiquity in that language and character , the peculiar treasure of their nation . 1 . possibly estates and some titles may have been obtain'd by lighter means ; but the good name , and the abilities to serve a kingdom , have been acquir'd only by these industrious studies . this keeps up the memory of coke , dodderidge , noy , selden , hale , and many other oracles , whom no authority nor time can silence . but i proceed to tell you the next labour of mr. somner : which was a dissertation de portu iccio . for examining the expedition of caesar into britain , he found by his own account , 2 , that his first voyage began from a port of the morini , from whence was the shortest passage into britain . and where he took ship the second time , ( which by description appears to be the same place ) he expresly call'd portus iccius , men of learning were not agreed in the site of this haven . mr. camden and ortelius thought it to be witsan . raimundus marlian , and adrian iunius , believ'd it the same with calais . iac. chifletius for the honour of his master the king of spain , woud have it mardike in flanders . but mr. somner fixes it at gessoriacum , now bologne ; wherein he was followed by sanson , &c. of later writers , adrian valesius 1 concludes it to be estaples nigh bologne . the noble du-fresne 2 and m. baudrand 3 restore it to witsan or witsant . and mr. halley 4 conjectures it was near calais-clifts , either ambleteuse on the one side , or calais on the other . other critics may suspend their judgement , till they see this discourse of mr. somner , which deserves to be fairly publisht . the ms bears this title , a discourse of portus iccius , wherein the late conceits of chifletius , in his topographical discourse , are examined and refuted : the judgement of cluverius concerning the same port asserted and embraced , and the true site thereof more clearly demonstrated , by william somner . our author's skill in the saxon tongue , oblig'd him to enquire into most of the european languages ancient and modern . for there is a connexion in all learning , especially in the knowledge of tongues , which draws the student from one link to another , till he has past over the whole chain of dependance . this made him run through the old gallic , irish , scotch , and danish dialects ; especially the gothic , sclavonian and german . of his perfection in the latter , he gave the world a public specimen on this occasion . while his reverend friend dr. meric casaubon was employ'd in an essay on the saxon tongue , he hapned upon an epistle of iustus lipsuis to henry schottius , which contain'd a large catalogue of old german words , in use with that nation , about eight or nine hundred years before . the dr. thought many of them had a great affinity to the saxon ; and therefore being then at london , sent down the catalogue to mr. somner at canterbury , and desir'd his opinion of them . who within few days return'd his animadversions , and shew'd the relation of the german with the saxon tongue . but because they were too long to be inserted by dr. casaubon , in the body of his discourse ; he plac'd them as an appendix under this title , gulielmi somneri cantuariens●s ad verba vetera germanica à v. cl. iusto lipsio epist. cent. iii. ad belgas epist. xliv . collecta , notae . this first part of dr. casaubon's comment on four tongues , hebrew and saxon , ( the other two greek and latin , the dr. did not finish ) was publisht at london , 1650. 8 vo . ou the mention of it , i will put you in mind of one mistake of a learn'd man , du fresne ld. du gange , who in the preface to his admirable latin glossary , reflects on those critics , who would derive the modern languages from greek originals : ioachimus perio●●us and hen. stephanus for the french ; monosmius for the italian ; matutius and aldretus for the spanish , and stephen skynner for the english. when this last must be a lapse of memory : for dr. m●ri● casaubon , who in this comment on the saxon tongue , does industriously refer it to the greek , and gives a long catalogue of saxon words so deduc'd . whereas dr. skynner does indeed fetch the saxon from the northern dialects , and reflects on dr. casaubon for being so fond of that other conceit . these were the public services done by mr. somner , till the year 1650. at which time dr. casaubon reports , that he would have printed all his useful labours , and would have wrote much more : if that fatal catastrophe had not interpos'd , which brought no less desolation upon letters , than upon the land. 1 . and he himself had about three years before declar'd , that he had by him some other things in a readiness for the public , which should not , god willing , be much longer retarded , if the times permitted by the continuance of our countie's peace , peace that mother of arts 2 . his next opportunity of doing public good was this . it was an observation of the learned , that no one nation had so many various histories of their own affairs , as that of england : wrote by britains , saxons , and normans ; but most of them in a manner dissolv'd with the monasteries , wherein they laid and slept . some of them had been rais'd from the dust by ioceline , howard , parker , camden , savile ; but many were yet in chains of darkness ; which it would be justice and mercy to redeem , and expose to view . the proposal was made by that industrious bookseller cornelius bee , who about 1641. had importun'd sir roger twisden to supply him with materials of this kind for the press 3 . that worthy baronet call'd in the assistance of arch-bishop vsher and iohn selden esq 1 : by whose industry and good affection to learning , ten writers of the english history were transcrib'd from the originals in the bennet and cottonian libraries , and faithfully collated with all different copies , by an expert amanuensis mr. ralph iennings . for the more elegant edition , a new fund of letters was neatly cast , and a provision made of fine paper . to adorn the work , sir roger twisden was to acquaint the reader with the occasion of the book , and the conveyance of those mss from which it was compil'd . mr. selden was in a larger preface to give account of the ten historians , and their writings . and mr. iennings to subjoyn the various lections . but still the editors were sensible that to complete the glory of the work , there wanted a glossary , or explication of the more obscure and obsolete words , which often occurr'd in those primaeve writers . for this province , they knew none so well qualified as mr. somner : to him they commit the office , and he discharg'd it with infinite integrity and honour . so that when in 1652. this best collection of historians came forth under this title , historiae anglicanae scriptores x. &c. ex vetustis manuscriptis nunc primum in lucem editi , &c. the appendix was mr. somner's labour , thus inscrib'd , glossarium , in quo obscuriora quaeque vocabula , quae toto hoc opere continentur , copiose explicantur , & ad origines suas pleraque revocantur , gulielmo somnero cantuar●ensi auctore . of this performance sir roger twisden gives the reader this character . one word of the glossary , without which this work had been imperfect and little useful . vnderstand reader , it was compil'd for your sake by william somner , a man of primitive probity and candor , a most sagacious searcher into the antiquities of his country , and most expert in the saxon tongue . if some words are here glost upon , not found in these writers ; know , this was not done out of ostentation , or the affected glory to appear learned ; but it was granted at the importunate request of his friends , by a man of the greatest modesty and ingenuity ; that if such terms occur in other historians of our nation , and by none that i know of explain'd ; you may from hence discover the sense of them : our design being not to give trouble to him , but satisfaction to you ; such are culvertagium , witerden , tenmantale , ( the understanding of which i owe purely to him ) and others of that kind . this key to recluse and antiquated words , improv'd whatever of this nature had been done before : it amends and supplies the old gallic glossary of pontanus ; the signification of words by skon●us ; the explanation of terms prefixt by mr. lambard to his saxon laws ; the onomasticon of clement reiner , in his apost . bened. in anglia ; the glossography to the works of chaucer ; the etymologicon of io. ger. vossius ; the glossary of dr. watts , adjoin'd to his noble edition of mat. paris ; and above all the excellent glossary of sir henry spelman , then only publisht to the letter n. nor has mr. somner like the former glossographers , confin'd himself to the antiquated names of things ; but with happy learning has commented on the names of this island and several parts of it ; to which he has affixt such new and apposite derivations , as delight and satisfie all judicious readers . it is indeed a work of that extent , as may serve for a cla●is to all other historians , and to all records . therefore when the learned sir iohn marsham wrote an introduction to the monasticon anglicanum , he refers the reader to this glossary of mr. somner's , where a barbarous word creates him any trouble . and that living author , ( whom i often mention , but cannot enough commend ) observes , that the laws of the saxon kings may be read with some profit , as turn'd into latin by jo. brompton , if the incomparable glossary of mr. somner be consulted , wherein the more obscure words are fully explain'd 1 . and after calls it , a truly golden work , without which , as sir roger twisden writes , the ten historians had been imperfect , and little useful . how complete might this glossary be made from our author 's several exercises of this nature , which now remain in the archives of canterbury ? his marginal notes on bracton de legibus anglia ; on the collection of english and latin statutes , printed 1556. 8 vo . on mr. selden's spicilegium ad eadmerum ; on verstegan's restitution of decayed intelligence : especially from his glossari●● rerum & verborum difficilium in legibus h●●rici 1. and his adversaria in spelm●●●i glossarium , in wat●ii glossarium mat. par. additum : & in tractatum ger. io. vossii de vitio sermonis . had the inquisitive du fresne been inform'd of all these papers , how much would he have augmented his immense work ? how much will the knowledge of all our laws and usages improve , when these mighty materials come at last to be digested by an able and patient hand ? the author himself intended to publish more of this kind . for in his addenda ad gloss. x. script . he does advertise the reader , that if any other difficult words occur , which he had not there explain'd , ( as omissions might be easie in so long a work ) and read over as it were extempore , he would be glad to be inform'd of them , and would not fail with thanks to explicate them in the best manner that he could : at least in another tome of historians , shortly to be publisht . sir roger twisden in his preface gives the world the same encouragement , to hope for a second tome , if this first were well accepted . but it was not allow'd to scholars to be so happy . the association of those editors was dissolv'd by the death of selden and vsher within few years . tho possibly the greatest impediment was the ignorance and distraction of the times , that could not enough encourage the great expences of the bookseller mr. cornelius bee , to whom mr. somner gives this just character , that he was a man who had deserv'd very well of the republic of letters , by publishing , at his own care and cost , many books of better note , wherein he was so industrious , as literally to answer his own name 1 . he had indeed with great charge and pains , collected sufficient copies to have made up a second tome ; which lay dead in the hands of his executors , till for a considerable sum they were purchas'd from them , by that generous promoter of learning , the right reverend father in god iohn fell bishop of oxford ; by whose encouragement some were publisht ; and by whose never enough lamented death , others remain in private hands . i have seen the following copies , 1. willielmus malmsburiensis de antiquitate glastoniensis ecclesiae ejusque abbatibus . ex libro roberti cotton , quem ipsi dono dedit tho. allen , aug. 12. 1672. exam . & collat . cum alio manuscripto libro , quem richardus tychburn eques & baronettus dedit paulo robinsono , qui eandem inscripsit bibliothecae s. gregorianae , duaci , iul. 15. 1651. 2. invictissimi anglorum franciaeque regis henrici quinti , ad ejus filium christianissimum regem henricum sextum , vita per titum livium de frulovisiis ferrariensem edita . ex libro cottoniano , collat . cum alio libro manuscripto in bibl. bened. cantab. 3. historia de tempore primaevae inchoationis sedis episcopalis wellensis , & ejusdem episcopis , & de episcopis in sede bathoniensi . 4. fragmentum annalium saxonum ab an. 726. ad an. 1055. 5. fragmentum annalium de rebus ad hiberniam spectantibus ab an. 994. ad an. 1177. to most of these copies is a postscript by the amanuensis , mr. ralph iennings , wherein he acknowledges the receipt of several sums of mony , for his reward in transcribing and collating the said copies , and promises to compare them with the original , when desir'd . what honour to the nation had it been , if these and many other copies had been publisht , in the same method with the former volumes . i am sure , we have since had no one edition of historians with that exactness , and that grandeur . nor can we hope for any so correct and so august , till the same measures be taken , of several hands joyning in the same work . for any one undertaker has either not opportunity to discover all copies , or not leisure to collate them ; or not the advantage of attending the press for correction ; or not patience to draw up ( what is the main benefit of a large book ) a full and faithful index . so that we have lame and inac●●rate editions , for want of the wisdom of our forefathers to assist one another . it is by this mutual help , that the societies in france give us such absolute impressions . and could we resume that practise here at home , we should infinitely advance the good of letters , and the glory of britain . i detract not from the public services of mr. fulman , dr. gale , and mr. wharton , who seem to have done as much , as private men can do . mr. somner's reputation was now so well establisht , that no monuments of antiquity could be farther publisht , without his advice and helping hand . therefore when the noble sir henry spelman had encourag'd mr. dugdale to joyn with mr. dodsworth , to collect and publish the charters and monuments of religious houses , and had communicated to them his own originals and transcripts , of the foundations in norfolk and suffolk : when mr. dugdale in oxford had got many materials from the bodleian and college libraries : and in france had gathered from the papers of du-chesne , several memorials of our priories alien . when mr. dodsworth had preserv'd all that related to yorkshire , and most northern counties ; when they had both searcht the tower of london , the cotton library , and other archives ; they invited mr. somner to assist in that immense labour , who return'd them the charters of christ-church , and st. augustin's in canterbury , with the ichnography of the cathedral , the draught of the monastery , and other sculptures : furnisht them with the original charter of king stephen to the abby of feversham , then in his hands ; and inform'd them in many other queries relating to the city and county : and then accepted the office impos'd upon him , of bearing a peculiar part of the burden , by translating all the saxon originals , and all the english transcripts from the itinerary of leland , and other records , into plain and proper latin : a necessary and useful ornament to those admirable volumes . which service sir iohn marsham commemorates in his learned propylaeum ; there assisted in this work a man of the greatest knowledge in our antiquities , william somner of canterbury , who has rendred into latin all the saxon , and the english of leland . to whose glossary , lately publisht with the english historians , the reader is refer'd , if any barbarous word creates him trouble . the same person is now preparing for the press a curious saxon dictionary . the first volume of this monasticon was publisht , london , 1655. the book which now stands in the library of the church of canterbury , has inserted after the propylaeum a printed leaf in folio , containing six copies of verses made by kentish men , in commendation of mr. dodsworth , mr. dugdale , and mr. somner , who are there said to be the joint collectors of that glorious work . the second volume was deferr'd ( as a punishment to the ingrateful world ) to the year 1661. a third volume of cathedral and collegiate churches , with additaments to the two former , was publisht an. 1673. in these books are promiscuously compris'd the most authentic , because most genuine and inartificial , history of england . there be materials enough disperst in several hands to complete a fourth volume . dr. hicks recites the title of many charters , in the archives of the church of worcester , of which , he says , none are inserted in the monasticon 1 . i have seen many originals and transcripts of omitted charters and monastic annals , in the hands of men of curiosity and public spirit ; who would contribute their additions to such a work , when ever men of industry and courage dare to undertake it . mr. somner's friends knew , how farther to employ a useful man. they observ'd it impossible to cultivate any language , or recommend it to the industry of learners , without the help of some dictionary for a standing oracle in obscure and dubious words . this was yet wanting to the saxon language , and was the reason why so few were masters of it . for men care not to travel without a guide in lands unknown . this was a burden that wanted heart and shoulders equal to it ; but they could impose it on none more able than mr. somner : on him they lay the mighty task , and adjure him to perform it . above all , the counsellor of his studies dr. m. casaubon , us'd all his interest of friendship to press him to this labour ; as he thus informs us : when mr. somner by several essays on the saxon tongue , had sufficiently prov'd himself a master of it ; i ceas'd not then to importune him , that he would think of compiling a saxon dictionary ; by which work i did assure him , he would best merit of that language , and would receive infinite thanks from all that were studious of it . but in such unhappy times , what can the reader promise to himself , or what can i promise for the author ? i leave all to his own discretion . 1 . upon this hint given to the public , many other of mr. somner's friends , who knew his course of studies , did themselves hope , and made others expect , to see such a labour done by him . especially when by his glossary and version of saxon charters , he had farther serv'd the world : from that time he was incited by the daily request and importunity of many persons , to undertake and finish that work ; many of his judicious and affectionate friends , considering his slender fortune , and offering to contribute in the charges of the impression : with assurance that the book would be very acceptable both at home and abroad , especially to all that were studious of the teutonic antiquities , which language was originally the same with the saxon 1 . but for a work that requir'd so much time , and so great expence , his friends were to contrive some more competent support and reward : to which providence ( that seldom fails industrious men ) ordain'd an opportunity . the great sir henry spelman , while he was at cambridge with mr. ieremy stephens , to search those libraries , and collect materials for his designed volumes of british councils , finding very many saxon manuscripts , and very few that understood them ; resolv'd to found a lecture in that language , to restore and improve the study of it . this generous act was soon done by him , and he first conferr'd that office on mr. abraham wheelock , one that had assisted him in some transcripts of that tongue ; and for endowment settled on him and his successors a sufficient yearly stipend , with presentation to the benefice of midleton , nigh lin-regis in norfolk 2 . by the death of mr. wheelock an. 1657. the disposal of that lecture fell to roger spelman esq son of sir iohn , son of the founder , who design'd to bestow it on mr. samuel foster , a learned and worthy divine . but arch-bishop vsher , a friend to antiquities and mr. somner , recommended him to the patron , that he would confer on him the pecuniary stipend , to enable him to prosecute a saxon dictionary , which would more improve that tongue than bare academic lectures 1 . and herein that prelate was like himself , judicious . for the endowment of public lectures has often met with this till success , to make the readers neglect , and the hearers despise them . whereas if the same rewards were given , on condition of printing those lectures , or publishing some other remains of that art or science : mens industry would be greater , and the republic of letters much better serv'd . this seem'd the intention of the wise and pious founder sir henry spelman , in establishing this lecture . the words of his foundation being to promote the saxon tongue , either by reading it publicly , or by the edition of saxon manuscripts , and other books 2 . which last design mr. wheelock had most answered , by publishing the ecclesiastical history of bede , with the saxon paraphrase of king alfred . the saxon chronology with his own latin version , and mr. lambard's saxon laws , with some additions . cambridge 1644. fol. this reason of the thing , and this will of his grandfather , inclin'd mr. spelman to comply with the advice of bishop vsher , and to present mr. somner to the annual salary of that lecture . which this man of tenderness and modesty would not accept , without the free consent of mr. foster , before nominated to the place : who prefer'd the public before his own interest , and mr. somner before himself . therefore content with the ecclesiastical benefice , he left the annual portion of mony to mr. somner , who receiving this reward , would not omit the duty for it . he was enough sensible , that to make a lexicon in any tongue , was one of the hardest and most servile labours . especially if no foundations were before laid ; there to find materials , and to build the whole structure , was more tedious and expensive , than barely to augment , or adorn . on reflection he found those difficulties to press upon him : some faint endeavours , and forgotten promises , but no one public performance of this nature . the first example was given by aelfric the grammarian and arch-bishop , either of canterbury 1 , or rather of york 2 . who flourisht about the year 1004. and made two distinct glossaries on this tongue ; one of which f. iunius transcrib'd from a very ancient copy in the library of peter paul rubenius of brussels , and communicated to mr. somner 3 , who publisht it with the latin grammar in saxon , by the same author . this could be no great assistance to mr. somner , because short and imperfect , and indeed erroneous , and a little barbarous , as the editor himself complains 4 : and another expert in these studies does affirm , when aelfric expounds the words in latin , he is very oft mistaken 5 . there is another glossary latin-saxon , by the same prelate , ( distinct from the former ) which he wrote as a comment on his grammar ; and is found at the end of those copies of the grammar which are now in the cotton library , and in that of st. iohn's oxon : which seems to have escap'd the knowledge of mr. somner . this latter may be the same with that diction . latin-saxon : which dr. cave recounts among the manuscripts of aelfric 1 . and therefore a worthy author is injurious to dr. cave , in taxing him with an error , for reciting this work among the manuscripts of aelfric , when it was publisht by mr. somner 2 . no , that work is still in ms. and what was publisht by mr. somner is a different tract , which the dr. had before mention'd , as printed at oxon. 1659. one writer should be tender of another writer's reputation , and not impute mistakes , but where he is very certain of them . there were two other ancient saxon glossaries by unknown hands , in the cotton library , the one a thin folio , the other a more thick octavo ; what help mr. somner had from these , he freely owns , by referring to them . since the reformation , mr. laurence nowell spent time in drawing up a saxon vocabulary , which he design'd to complete , and publish . but he dying in 1576. left the imperfect manuscript , which mr. selden procur'd , and lent to mr. somner ; who seems not to have receiv'd it , till he had in great part digested his own collections ; and implies it to be a deficient work . f. iunius after took a transcript of it , the original and copy are both with us . next to him , mr. i. ioceline secretary to arch-bishop parker , by advice of that learned prelate , made some larger collections to the same intent , which were transcrib'd by sir symonds d'ewes baronet , and remitted to mr. somner : who farther mentions a report that iohn de laet of antwerp , a man learned in saxon letters , had projected a work of this nature ; but no performance . after all , mr. abraham wheelock , spelman-professor , did promise the world that he would compile a saxon dictionary ; but he either forgot the promise , or death absolv'd him from it . it has been the infirmity of great men , when their first thoughts have laid the scheme of any work , to take occasion of proclaiming their design ; to raise and deceive the expectation of the world . prudence should temper this vain desire of glory . an imprinted promise is a very sacred thing : and men should not engage their faith to the public , unless they are sure to discharge it . how often are men weary of a warm resolution ? how oft do second thoughts correct the former : and when the scene is laid , it must be took away ? how oft do mens labours encrease upon their hands , till the undertaking prove above their strength ? how many accidents of business , sickness , and mortality may intervene ? so as what wise man would enter into obligation , when it is such a hazard whether he shall be able to pay ? but this mention of the few saxon glossographers , is only to do justice to the memory of mr. somner , by inferring what small assistance he had in so large a work . he had not that easy task of adding to things invented , or improving an old book ; but was to compose all , and be properly an author . we have been taught at school to honour the lexicon of i. scapula , and yet vogler has call'd him the epitomator of henry stephens 1 : and another eminent writer says , he cannot be absolv'd from the crime of plagiarism and concealment 2 . we admire the laborious volumes of i. i. hoffman : and yet it is observ'd with great indignation , that he has arrogated to himself the interpolated and depraved works of other men , suppressing the names of the true authors . 1 . and a great critic animadverts on him , for transposing the whole lexicon of baudrand into the first tome of his work . 2 . nay baudrand himself is by sanson accus'd of theft from his own father , without any dutiful mention of him . 3 . nothing has been more familiar , than to hear holyoak borrowed most from rider , and he from eliot , and so on . but i will give you one instance , which i have more lately observ'd . tho. cooper's thesaurus linguae romanae , &c. first publisht london , 1565. greatly rais'd the reputation of that writer , and is said to have prefer'd him to his great station in the church . yet this mighty work is very little more , than a pure transcript of the dictionarium latino gallicum , by charles stephens at paris , 1553. i have collated them in most parts , and find them literally the same in allmost all words , and the direct order of them , and in every classic phrase ; with this only difference , that those phrases are rendred in french by stephens , and in english by cooper : whose disingenuity is much the greater , because in his preface and dedication , he mentions the bibliothece of sir tho. eliot , and the thesaurus of rob. stephens ; but speaks not a word of this other dictionary of charles stephens , which was the copy ( i assure you ) that he transcrib'd verbatim . when mr. somner had made an immense collection of materials , in order to compile his dictionary , and had methodiz'd them in two large volumes , now remaining in the canterbury archives ; he sent up his papers to oxford , and the impression was here made for the author , apr. 1659. with an elegant inscription to all students in the saxon tongue ; a grateful dedication to his patron roger spelman esq , and a proper useful preface . the author and his work recommended by the ingenious verses english and latin , of iohn de bosco ; henry hugford ; ioshua childrey ; and will. iacob physitian ; with an appendix of the grammar and glossary of aelfric . and at the end of all , is a catalogue of those worthy persons who contributed to th● great charge of the impression , whose names and example he commends to the present age , and to posterity ; for the perpetual honour of philologers ▪ and as a testimony of the author 's grateful mind . let none be offended , that so excellent a work was forc'd to be thrown upon the public stock , and brought up on common charity . till the men on curiosity encrease their number , this must be the fate of the best books , that they shall not bear the charges of their own impression . it is this has stifled the conception of many glorious designs , to see exquisite volumes thrown back upon an author 's empty hands ; while plays and pamphlets reward the trifling writers . what else was the reason that most of our old historians were first printed beyond the seas ; but only , that cheaper methods , and quicker sale , made the editors to gain abroad , what they must have lost at home ? what induc'd sir walter raleigh to burn the second part of his admirable history ; but only a fordid complaint , that the first five books were a burden to the printer 1 ? what inclin'd sir henry spelman so long to suppress the second part of his incomparable glossary , but this only ; that when he offer'd the copy of the first part to bill the kings printer , for five pounds in books ; that light proposal was rejected , and he was forc'd to make the impression at his own great charge ? 1 ? how could dr. brian walton have carried on those six stupendous volumes of the biblia polyglotta , an. 1657. if there had not been a public fund , and treasurer appointed to collect and dispose the contributions of worthy men ? 2 ? in a word , it was a credit to this work of mr. somners , that it appear'd so little the interest of the writer , and deserv'd so much the charity of public benefactors . especially at a time , when the oppressed royalists were more tempted to write for bread , than for glory ; and were drove upon a double necessity , to beg for the support of themselves , and the edition of their books . for this indeed is a farther honour to the work , and the author of it ; that it was done in the days of anarchy and confusion , of ignorance and tyranny ; when all the professors of true religion and good literature were silenc'd and opprest . and yet providence so order'd , that the loyal suffering party did all that was then done , for the improvement of letters , and the honour of the nation . those that intruded into the places of power and profit , did nothing but defile the press with lying news , and fast-sermons ▪ while the poor ejected church-men , did works , of which the world was not worthy . i appeal to the manas●icon , the decem scrip●ores , the polyglot bible , and the saxon dictionary . i need not tell of the good reception this labour met with among men of judgment ; nor how the great progress in the knowledge of this tongue , was owing most to this one work . i would onely remind you , that our eminent linguist dr. tho. mareshall , in the preface to his saxon gospels , refers the reader upon all doubtful words , to this complete dictionary , which mr. somner compos'd with great diligence . and our first excellent grammarian does gratefully acknowledge , that he collected many critical observations , which lay disperst in this work 1 . it is true , this first public essay on the construction of the saxon tongue , was not so full and absolute , but that it is now capable of additions , and great improvement . for how indeed can any works , but those of creation , be perfect , when they are first produc'd ? especially in a performance of this nature , that depends on the variety of words , and author's various acceptation of them : here the prime birth can give no more than infancy : it is age and education must encrease the stature , and mature the strength . besides , our author had this peculiar disadvantage , that while the abundant sense of words can be gathered only from a multitude of writers in all different times , and all different professions ; he could procure but few books , and those of a short and ignorant age . this apology i can better represent in the words of an ingenious etymologist . how small a portion of our ancient tongue , like a few planks from a fatal shipwrack , has come into our hands ? what a slender stock of words can be drawn out of three or four small tracts ? if of roman authors , none had been left to us but the offices of tully , and the histories of salust and tacitus . if of the grecian , none but herodotus , thucidides , and zenophon , how could calepine and stephanus have swell'd their volumes to so great a bulk ? if you compare our somner to those giant authors , tho in diligence not inferiour to either of them , you would see there a hercules and a cyclops ; here a hylas and a pigmy 1 . tho certainly , if we look back on the first attempts of this kind , in all the ancient and modern tongues , we shall find no one nomenclature , in it's pure beginning so copious , and so exact , as this of mr. somner . he himself was most conscious , what was wanting to it , and therefore was alway improving the stock , and soliciting all scholars , whom he thought could be beneficial to him . among others , mr. george davenport , a great proficient in that language , sent him many notes and observations . i have now before me an original letter of mr. somner to dr. casaubon , canterbury . 12. octob. 1664. of which part runs thus . i return many thanks for those papers of mr. davenport , which you were pleas'd to impart unto me . i have more than once perused them , and am so well pleas'd with them , and instructed by them , that i shall improve them to a good degree ; in point of correction to some , enlargement and illustration in other parts of my lexicon ; not without the ingen●ous acknowledgement of my author . mean time , in order to such a use , i keep them by me , &c. but mr. somner liv'd not to execute the good design ; nor has any yet resum'd it ; tho materials ly ready gathered . for among the printed authors , left corrected and illustrated by the hand of iunius , there is this lexicon of mr. somner , with other loose sheets , and the grammar of aelfric collated with some manuscripts . another of these printed volumes was in possession of mr. george davenport , much noted and enlarg'd by the curious owner ; and is now in other hands , interleav'd , and much farther improv'd . the want of a new edition would indeed be superseded , could the world at last enjoy the etymologicon anglicanum , completed by f. f. iunius in two volumes , and that author 's incomparable lexicon of five northern languages , which that most worthy prelate bishop fell , took care to have transcrib'd in eleven volumes : and some few years since , we were encourag'd with the hopes of a speedy publication . 1 . but chance and change have employ'd mens thoughts another way . whenever the impression is resolv'd upon , it must pass through many hands , which will never joyn , if they must return empty . it wants and deserves a public spirit , and a public fund . the last service of our author was to publish his treatise of gavelkind , &c. an. 1660. which i have already mention'd ; and need only add , that some reflections were made on this discourse by silas taylor gentleman , in his history of gavelkind , with the etymology thereof , &c. london , 1663. 4 to . who , in his preface , does inform the reader , that he took occasion to publish his notes of this tenure , from the late printed treatise of that industrious gentleman , mr. william somner of canterbury , that he has intermingled those first observations with these animadversions on his learned discourses : that he entred not on this undertaking to quarrel with him , or with a design to carp at any thing , which he hath laboriously written , &c. this less accurate writer has only attempted to carry the original of the name and of the custom from the saxons to the britains ; and to prove it not proper to kent , but of an ancient use in other parts of the kingdom , &c. in all material points he confirms the opinion of mr. somner , who in other exceptions has made his own defence in marginal notes , on mr. silas taylor 's gavelkind history , correcting his mistakes , &c. and his own printed treatise , when he was after conscious of any omissions , or lighter errors , he supplied and amended with his own hand . both the books so annotated are now in the canterbury archives , and will be of great use to the next editor of this very excellent treatise of gavelkind . tho' our author publisht nothing more in his own name ; yet he was a fellow-labourer in many other works . particularly in the second tome of councils , of which the first had been publish by sir henry spelman london , 1639. who had projected two other volumes . after the restauration , arch-bishop sheldon , and chancellor hido , importun'd mr. dugdal● to perfect a second tome , who is said to have added as many transcripts as now fill 143. of the 200. printed sheets ; of which he had several communicated to him by his old faithful correspondent mr. somner , from the registers of canterbury . it was publisht london , 1664. full of mistakes . mr. somner with great pains and accuracy , collated the printed copy with many of the original records , and in the margin amended the infinite defects . he had before done the same justice to the first tome ; of which he publicly complain'd , that the version of the saxon was faulty , and occasionally gave a more correct interpretation . 1 . both these volumes so emended are now in your canterbury archives ; and will lend a very great assistance to any learned man , who has spirit to undertake a second edition of those monuments of the church ; for which the world will praise him , and may god reward him . i have now done with the works and more public services of mr. somner , as an antiquary and an author . i would only invite you to look back upon his loyalty to the king , his affection to the church , and his integrity to all the world . his loyalty was firm and constant , not depending on interest , which might change ; but upon a judgement , which could not alter . he adher'd to his royal master , and dar'd to suffer with him . a man of his parts and acquaintance , might have chosen his office from the usurping state , and his portion of lands from the dissolved church . but he would accept of nothing from those who had no right to give ; choosing rather to suffer affliction . he could influence his whole family to the same principles . both his brothers were true and zealous in the same cause . iohn who was afterwards wood-reve to the arch-bishop of canterbury , and george a major in the militia of kent ; who appearing at the head of a party in the last effort , which was made by the royalists in that county , 1648. engag'd the rebels at wye with very unequal force : and tho' he might have safely retir'd , or secur'd his life by asking , he fought on , and fell with honour . our author's profession and genius had less adapted him for arms ; but he was no less zealous to assert the rights of the crown , and the laws of the land , by all the means which his capacity could use . when no endeavours could stop the madness of the people , nor save the effusion of royal blood ; he could no longer contain himself , but broke into a passionate elegy , the insecurity of princes , considered in an occasional meditation upon the king 's late sufferings and death . printed in the year , 1648. 4●● . and soon after he publisht another affectionate poem , to which is prefixt the pourtraicture of charles the first , before his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and this title , the frontispice of the king's book opened , with a poem annexed , the insecurity of princes , &c. 4 to . he waited all opportunities to serve his banisht prince ; but it was the fate of the honest gentry to be disappointed in all attempts , and draw down the greater persecution upon their own heads . mr. somner had his share of sufferings from the jealous powers , and , among other hardships , was imprison'd in the castle of deal for endeavouring to get hands to petition for a free parliament ; which he foresaw would restore the church and king. within a month or two , this method , blesst by providence , gave liberty to him and all the nation . if we next consider his zeal and affection to the church of england , we shall find them arising from a sense of conscience , that no threats or flatteries could move . his own primitive spirit , inclin'd him to the doctrine and discipline of true antiquity ; and made him naturally averse to change and innovation . he helpt to sustain the old foundations , as far as his strength and art could do : and when he found they must be overthrown , he was content to be involv'd in the common ruines . he murmured not , but made a soft complaint , that he was overtaken by the impetuous storm , and necessitated to betake himself to other thoughts ; chiefly how he might secure himself against the fury , in warding off the danger , &c. yet his cares were more for the public interest , than for his own fortunes : as keeper of the archives , he had been allway faithful in the trust committed to him : but sacrilege and rapine , when they had devour'd the holy things , would have embezled or destroy'd all the deeds and records , that convey'd and confirm'd them . this was the practice of those blest reformers . at peterburgh in april 1643. a regiment of horse under colonel cromwell , forc'd open the church doors , tore in pieces the common-prayer books , took away the leiger-book of the church , broke into the chapter-house , ransackt the records , broke the seals , tore the writings , and left the floor cover'd over with torn papers , parchments , and seals 1 . about the same time a party under command of the lord brooks , storm'd and took the cathedral church of lichfield , broke and shot down all the ornaments of it , and cast into flames all the registers , charters , books , and vestments 2 . at worcester septemb. 24. 1643. the army under command of the earl of essex , prophan'd the cathedral , rifled the library , with the records and evidences of the church 3 . the like outrages were committed in the cathedral of canterbury , aug. 26. 1642. by the countenance of colonel edwyn sandys , and the madness of culmer ; and much greater spoil had been done to the muniments and histories of the church , if the courage and prudence of mr. somner had not diverted the thieves , and conceal'd the treasure . some he reposited in unsuspected hands , and kept others in his own custody ; and redeem'd others from the needy soldiers , who ( like the old woman with tarquin ) would have burnt them , if the price had not been given . soon after professing , that his great care should now be to secure and rescue old . records from that scorn , neglect and contempt cast upon them , in the days of so much novelty 1 . nor did he only preserve the writings , but other ornaments of the desolated church . particularly , when the beautiful font in the nave of that cathedral ( built by the right reverend iohn warner bishop of rochester , late prebendary of canterbury , and consecrated by iohn lord bishop of oxon. 1636. ) was pull'd down , and the materials carried away by the rabble , he enquir'd with great diligence for all the scatter'd pieces , bought them up at his own charge , kept them safe till the king's return , and then delivered them to that worthy bishop ; who reedified his font , and made it a greater beauty of holyness ; giving to mr. somner the just honour , to have a daughter of his own first baptized in it . this prelate was he , whom the fanatics of that age condemn'd for a covetous man. his memory needs no vindication ; but give me leave to mention this certain relation of him . when in the days of usurpation , an honest friend paid a visit to him , and upon his lordship's importunity , told him freely the censures of the world upon him , as of a close and too thrifty . temper : the bishop produc'd a roll of distressed clergy , whom in their ejectments he had reliev'd with no less than eight thousand pounds : and enquir'd of the same friend , whether he knew of any other the like objects of charity . upon which motion the gentleman soon after by letter , recommended a sequestr●d divine , so whom at first address he gave one hundred pounds . let me go on , and tell you ; that by his last will an. 1666. he left a personal estate to build an hospital , for the maintenance of twenty widows , the relicts of orthodox and loyal clergymen , to each an exhibition of twenty pounds annual , and fifty for a chaplain to attend upon them . he gave one thousand pounds to encrease the library of magdalan college oxon. five hundred pounds to the library at rochester : eight hundred to his cathedral church , in addition to two hundred , which he had before given : one thousand and fifty pounds to the repair of st. paul's in london : two thousand to the buying in of impropriations within the dioc●●● of r●chester ▪ twenty pounds to the church of st. clement ●●nes : twenty to br●●●ly and a yearly pension to st. ●●onyse b●ckchurch ; and four score pounds ! yearly for the maintenance of fo●● scholars of the scotch nation , in baliol c●ll-oxon . all this was the charity of one single prelate , who was depriv'd of his ecclesiastic revenues , for more years than he enjoy'd them . he was a peculiar friend to mr. somner , and the chief contributor to the impression of his saxon dictionary , his name standing in the front of those encouragers of learning 1 . let us lastly reflect on mr. somner's integrity to all the world or this alone can prove loyalty and orthodoxy , not to be the affectation of a 〈◊〉 , but the conscience of a christian. men may profess any faith , or adopt any cause ; but it is innocence and honesty alone , that can prove it a belief , and not a pretension . this proof was given by mr. somner , who in all his writings had been so plain and sincere that he would not dissemble a truth , nor suggest a false invention . his profession was , that he loved truth ( the end of all science ) for itself ; and was all together anbiast with any by respects , whether of vain-glory , singularity , or the like : making it his constant endeavour , that truth alone might triumph ever falshood , antiquity over novelty 1 . how do most historians betray a partial regard to their nation , or their party ? how many pretenders to antiquity , have conceal'd the notice of whatever oppos'd their own fancy : and rais'd the apparition of records , to justifie the cause for which they wrote ? especially , how do most describers of their native soil , take pains to flourish and disguise ; and ( like sir henry wotton's embassador ) think it even a merit to lie for the honour of their country ? mr. somner had a probity and excellence of spirit , that made him abhor all such artifice and guile . let one short instance serve . there were two specious traditions , that seem'd much to illustrate the credit of our county . 1. that the kentish-men were the only english who maintain'd their privileges against william the conqueror , and under the conduct of stigand arch-bishop , and aegelfina abbot of st. augustaines , march'd with boughs , and made their composition at swansco●●● . 2. that , of all counties , kent alone enjoy'd an immunity from the tenure of villenage , a priviledge continued to them by the said conqueror . tho for the honour of his mother county , he might have been glad to defend these titles ; yet having found them false , he scorn'd to appear an advocate for them ; but refutes them as monkish figments , and politicly devis'd 1 . mr. somner's whole life was like his writings , void of prejudice and passion : he had that civility , which caesar observ'd to have been peculiar to the inhabitants of kent 2 ; and that firm resolution , which made our country-men claim an ancient privilege , of being plac'd in the front of a battel 3 . he was courteous , without design ; was wise , without a trick : and faithful , without a reward . humble , and compassionate : moderate , and equal : never fretted by his afflictions : nor elated by the favours of heaven , and good men . it was his charity , and purity of heart , that prefer'd him to the mastership of st. iohn's hospital , in the suburbs of canterbury , an. 1660. in which station he did not substract from the pietance of the poor , nor use any arts to rob the spittle ; but was tender of their persons , and zealous of their rights . by his interest and courage , he recovered some parts of their endowment , of which by the commissioners on the stat. 37. of henry 8. it had been fleeced , at other like places , by the sacrilegious pilferies of those ravenous and wretched times 1 ▪ it was for the same plain and open honesty , that at the restauration , he was appointed auditor of christ-church canterbury , by the dean and chapter , to whom he was a father and friend , more than an honorary servant . he entertain'd them in his own house , till their own were clear'd from the fanatic intruders , and made convenient for them . he deliver'd back all their preserv'd writings , inform'd them of all their late alienated lands : receiv'd all their fines , and digested all accounts to universal satisfaction . this settled him such an interest in that body , and all the members of it ; that no private man had an equal influence and authority : which he never employ'd , but to promote some act of charity and justice . he was frequently entrusted by the dean and prebendaries , to supervise the public school , to examine lads , that should be elected king's scholar's ; and , upon the like trial , to judge who were most fit for removal to the universities : in which , his enquiries were exact ; and his favours were impartial . his endeavours were to advance the interest and honour of the school , to as high a pitch , as while he was himself a member of it : when his master mr. iohn ludd , some years before he died , affirm'd , he had thirty seven masters of arts of his own bringing up 1 . dr. tho. turner the worthy dean , had a most peculiar esteem for him , and paid him the frequent visits of a most familiar friend . all the neighbouring clergy , whom he knew to be of good principles , and honest conversation , he assisted with his knowledge , his interest , and his free advice . i remember to have often heard my honour'd father dwell much upon the fair character of mr. somner , and represent him as a patron and protector of all the regular clergy . of his resolute and incorrupted honesty , there can be no greater argument than this . among all his temptations , in several offices , to high and arbitrary fees : among the easy advantages to be brib'd : and the just expectances to be rewarded : among the many opportunities of sharing in the churches treasure : and taking leases of their land : among the most ready and effectual means to raise an estate , and advance a family : he left but a small competence , which if not frugally manag'd , could never have answered the support of his widow , and the education of his children . by his last will he gave several legacies to the poor , and a kind remembrance to mr. stockar then minister of st. aelphege . canterbury . in the beginning of his last illness , he took an opportunity to tell his wife , that through his whole life , he had never been let blood , nor taken any phisic , which is a just argument , not only of his happy constitution ; but of his exact temperance and sobriety . the day of his birth was the day of his death , march 30. 1669. aged 63. years ; according to the account given by his wife and son , who report it from tradition , and some better grounds . but a certificate from the register-book of st. margaret's canterbury ; under the hand of of mr. tho. iohnson , represents him to be baptiz'd novemb. 5th . 1598. by which , his age must reach to seventy years , five months , &c. which length of days had allmost made him ( as queen christina , said lately of her self and rome ) one of the antiquities of the city . he was buried apr. the 2. within the church of st. margaret's , where many of his ancestors lay interr'd . his grave is distinguisht by no stone , or inscription on it . an omission , that , i presume , was more owing to his own modesty , than any disrepect of his surviving friends . yet i cannot but admire and lament , that such learned ashes should lye without a letter on them : that he who rais'd the memory of so many great names , should himself sleep in a place forgotten : and after all his labours , to eternize the tombs and epitaphs of others , should have no such decent ceremony paid to his own dust . sure the time will come , when some grateful monument shall be erected for him , either by some one of his family , whom providence shall enable to pay that duty : or by some one generous lover of antiquities : or by that capitular body , to whom he did such great service , and such great honour . he was twice married . his first wife was mrs. elisabeth thurgar , born of a good family in cambridgeshire , with whom he liv'd in love and peace about thirty years : and had by her four children , three daughters , and one son , all dead . his second wife was barbara daughter of mr. iohn dawson , a kentish gentleman , ( a great sufferer in the long rebellion ) by whom he had one daughter , that died unmarried , and three sons , of which two are now living : william somner m. a. late of merton coll. oxon. now vicar of liminge in kent , our worthy friend : and iohn , who practises chirurgery with good repute in those parts . his last wife is now the mourning relict of mr. henry h●nnington , late vicar of elham . his many well selected books , and choice manuscripts , were purchas'd by the dean and chapter , who knew the great value of them , and what a noble addition they would make to the public library of that church : where they now remain an inestimable treasure . the catalogue of his manuscripts , i will subjoin to his life , in the same order and words , wherein you have transmitted the account , not doubting your care and exactness in it . many of his notes , and looser papers were carried from his study to the audit-house , within the precincts of christ-church ; where they were unfortunately burnt , by a fire which hapned in that place soon after his death . by this and other accidents , his letters and many memorials of his life are lost . had they continued to us , we should have better trac'd his friendship and correspondence , with most of the men of honour and learning in that age . from the obscure hints , that now remain , i shall mention some of them . first . arch-bishop laud , by whose favour and goodness , he subsisted in his place and profession 1 ; who made great use of him in his articles and injunctions , sent to the french and dutch congregations in those parts , an. 1634. and in many regulations of the diocese and cathedral , an. 1636. for which dutiful assistance , mr. somner was publicly charg'd by those foreigners , as accessory to their troubles 1 : and he bore from all schisfmatic parties , a greater share of calumny and persecution , for being ( in the brethren's language ) one of laud's creatures . the great esteem that prelate had for him , was not so much for his faithfulness and dexterity in discharge of his office , as for his profound knowledge of antiquities . for as no one part of learning was unrewarded by that great soul : so he had a most particular respect to historians , and antiquaries . sir henry spelman does gratefully report him , a great encourager of his edition of the saxon councils 2 . mr. ier. stephens , by the arch-bishop's favour was made prebendary of bigleswade in the church of linc. as a reward of assisting sir henry spelman in that labour 3 . fr. iunius , that oracle of the northern tongues , at his first coming into england , was recommended to the earl of arundel , and retain'd in his family by the interest of dr. laud , the● bishop of st. davids 4 . iohn , son of sir henry spelman , dedicates to the archbishop his latin saxon psalter , and celebrates him for a preserver of ancient manuscripts , and a patron of the saxon tungue 1 . the same excellent prelate countenanc'd the like studies of mr. somner , and made use of his assistance in collecting many of those various manuscripts , which he sent hither to adorn our bodley archives , of which eighty at least are purely on the subject of national antiquities . and it is probable , our author was employ'd further in compiling or digesting that large book in vellam , fairly written , containing the records which are in the tower , and concern the clergy , ab anno 20. edw. 1. ad an . 14. edw. 4. which book the arch-bishop got done at his own charge , and left it in his study at lambeth for posterity , iune 10. 1643. this was the prudence and honour of that governour , to consider useful and beneficial men ; and should indeed be the spirit of all patrons , to respect such as can serve them , and the public . for this dependance , and these favours , mr. somner was humbly grateful . of whom , ( says he ) to speak , is not a task for my pen , i leave it to posterity hereafter , and to better abilities , to set forth his constant piety , great wisdom , and spotless justice . horobert , what all men take unto themselves a liberty to speak of him , i shall be hold to commemorate , — that never to be forgotten gift of his to the university library of oxford , of an innumerable multitude of choice and rare manuscripts , with his great care and cost , gathered from all parts , not only of this kingdom , but also of the whole world 1 . arch-bishop vsher may be justly esteem'd the next friend and patron of mr. somner . how infinite the learning , and how large the goodness of this prelate , is not to be here observ'd . it is only proper to remark his great zeal in restoring the old northern antiquities , buried in the gothic and anglo-saxon tongues . he first mov'd sir henry spelman to found a saxon lecture at cambridge ; he made the proposal in sidney college 1640 2 ; he recommeded mr. abr. wheelock to that office 3 ; he advis'd him the method of reading the saxon gospels 4 ; he gave him direction and encouragement to publish his saxon volume ; and inform'd him that the doxology in the lords prayer , was to be found in the old translation of the gospels into gothic 1 . he furnisht fr. iunius with a ms copy of caedm●n's paraphrase on genesis : and promoted the edition of that work 2 : which very ancient manuscript , the bishop first communicated to mr. somner , for an account and more legible transcript of it 3 . on which occasion , his lordship was so well convinc'd of the abilities of our author , that he gave a public approbation to his treatise of gavelkind ; he encourag'd his attempts upon a saxon dictionary ; he recommended him to roger spelman . esq for enjoyment of the salary settled by his grandfather on a saxon lecture 4 : and did him all the other true offices of friendship . sir thomas cotton of connington com. huntin . baronet , by an hereditary love of scholars , was a great benefactor to mr. somner , and his studies . he maintain'd an epistolary correspondence with him , gave him free access to his immense library ; lent him glossaries , and other remains of ancient letters 1 ; entertain'd him in his house at westminster some months , to collect and digest his saxon dictionary ; and contributed to the expence of its publication 2 . that great master of history and law , sir roger twisden of west-peckham in kent baronet , exchang'd many kind letters , and intimate visits , with our author ; receiv'd from him notes , and corrections , to his edition of the laws of henry the first ; furnish'd him with the chartulary of st. augustin's abby in canterbury , and other curiosities 3 ; prevail'd with him to adorn the x. scriptores , with an incomparable glossary ; bore a generous share in the costly edition of his saxon dictionary ; 4 ; and gave him the just character of a man of primitive probity and candour , a most sagacious searcher into the antiquities of his country , and most expert in the saxon tongue , &c 5 . for which service and civilities , mr. somner does more than once acknowledge him his very noble and learned friend , the prime encourager of his studies . 1 that great example of industry sir w. dugdale , by his genius and parity of studies , was directed to the acquaintance of mr. somner , and contracted a fast friendship with him . he call'd in his assistance to the magnificent volumes of monast. anglican . 1655. and 1661. appeal'd to him for the etymology of names of places , to illustrate his antiquities of warwickshire , 1656. receiv'd from his hands very many of the materials , that fill'd up the second volume of provincial councils , 1664. depended upon his judgment and information , to complete the glossary of sir henry spelman . he seems to have attempted nothing without his advice , and to have publisht nothing without his approbation : giving among others , this testimony of his respect and love . in etymologizing the names of towns and places , i have not been over bold , &c. nor should i have adventured thus far , had i not received much light from that learned gentleman mr. william somner of canterbury , my singular friend , unto whom i cannot attribute enough for his great knowledge in antiquities , and those commendable works which he hath allready , and is now taking pains in . 1 by this last , he meant the saxon dictionary , to which mr. dugdale contributed his knowledge and his money ; and had this grateful acknowledgement made of it , the great retriever of our english antiquities , my noble friend , mr. william dugdale , one ( to do him right ) without whose active and effectual assistance , in the publication of it , this work had never seen the light . 2 the treasurer of antiquities mr. roger dodsworth , knew the person , and the worth of mr. somner . he borrowed from him the chartulary of hortonmonachorum in kent 3 , and many other evidences of old devotion . he receiv'd from him farther satisfaction in the catalogue of archdeacons of canterbury , which he had transcrib'd from his antiquities of that city 4 : and from his kindness had a copy of many wills , out of the registers of that see. 5 sir simonds d'ewes baronet , of stomhall in suffolk , a zealous assertor of antiquities , was not so happy in the use of his own learning , as in his interest with mr. somner ; who instructed him in the notice of many things ; and made the better use of his inestimable records ; taking occasion to tell the world , of a very rare deed 〈◊〉 ch●rter , taken from an ancient manuscript chartulary , thee remaining with sir thomas cotton , which he must confess to owe to the courtesie of his late learned friend , sir simonds d'ewes . that excellent philologer and antiquary mr. william burton , had a knowledge and esteem of mr. somner ; when he mentions canterbury for one of the roman stages , for its modern splendor and glory , he refers his reader to co●●●tious mr. somner's description thereof , and approves the derivation of its name , given by that learned antiquary 1 : and in fixing other of these ancient stations , he rejects the opinions of talbot , harrison , camden , &c. and adheres to mr. somner , as a very rational gentleman , who places noviomagus or noviod●num at c●●yford in kent , very judici●●sly , as he doth other things . and for the situation of durolenum , he follows the same knowing gentleman , whom ( says he ) for his 〈◊〉 , and love to ancient studi●s , i singularly resp●●t : who 〈◊〉 it to have been 〈◊〉 f●r from newington , a village on the road from rochester to canterbury . in this particular , not a little strengthened in his conjecture , by the multitude of roman 〈…〉 , found in digging there , as is allready discovered , and discoursed of by the learned meric casau●on , his ever 〈◊〉 friend . 1 this new designation of the roman ways and stages , so happily determin'd by mr. somner , is allow'd and confirm'd by a prelate of incomparable knowledge . 2 . sir iohn m●rsham of whornplace in kent , valued at home , and admir'd abroad for his profound learning , had a just esteem of our author : and gave him the public character of a man most expert in our national antiquities , the author of 〈◊〉 most useful glossary , and the projector of a c●pious saxon dictionary 3 ; the edition of which he encourag'd by a liberal contribution . 4 . sir 〈◊〉 by●she , 〈◊〉 king of arms , had the counsel and assistance of mr. somner , to improve him in his own profession of heraldry : kept an epistolary correspondence with him : and kindly advanc'd the impression of his saxon dictionary . 1 . another accurate herald and antiquary , elias ashmole esq , exhibited to the same work of mr. somner 2 : furnish'd him with many select papers and tracts 3 : and receiv'd from him the notice of many books and things , to carry on his complete history of the order of the garter , and to fill up his many volumes of elaborate collections , which are now reposited in this place 4 , by the last will of that generous benefactor . dr. thomas fuller , who labour'd for the reputation of an historian and antiquary , courted the friendship of our author : and , had he been more guided by him , would never have defil'd his writings with puns and tales . he closes his discourse of canterbury with these words , for the rest , i refer the reader to the pains of my worthy friend , mr. william somner , who hath written justum volumen of the antiquities of this city . i am sorry to see him subject bound ( betrayed thereto by his own modesty ) seeing otherwise , not the city , but the diocese of canterbury , had been more adequate to his abilities . 1 . dr. william watts , the learned and noble editor of matthew paris , 1640. in the useful glossary affixt to that work , was assisted by mr. somner , who conveyed to him many other informations , and at last laments him as his deceased friend . 2 . mr. george davenport , an absolute critic in the saxon tongue , was a true and useful friend to mr. somner , and after publication of the saxon dictionary , contracted a more firm acquaintance with him : recommended to him some few emendations , and several additions to that work : for which our author gave him the respectful language of his approved friend , of whose communicative goodness , he had formerly tasted , 3 , &c. but in recounting mr. somner's friends , it would be injustice to omit his most intimate guide and companion , dr. meris casaubon , whose affection to his person , and influence on his studies , have appear'd in many instan●●s before related . mr. somner very often expresse his grateful sense of obligation : confesses , that to the study of the saxon tongue , he was encourag'd by his precious friend , and ever honoured mecenas , dr. casaubon , 1 who had admitted him is an entire friendship , and familiar daily conversation , whose good learning and good nature , he could never enough celebrate 2 the only patron of his studies ; and one who deserv'd greatly from all that were ambitious of the saxon tongue . 3 . many other worthy names rewarded the public spirit of mr. somner , and contributed to the service he did the world : sir orlando bridgman , sir simon archer , sir richard leveson , walter chetwind , thomas stanley , thomas henshaw , ralph sheldon , &c. esquires ; of divines , bishop warner , dr. langbain , mr. barlow , &c. of physitians , dr. ferne , dr. pugh , dr. currer , dr. rogers , &c. and of our own county , all those gentlemen who had an affection to virtue and good letters : the honourable iohn finch , baron of fordwich , sir edward monins of waldershire , sir norton knatchbull of mersham , sir richard hardres of hardres , sir henry palmer of wingham , baronets , sir cristopher harflete of hackington , sir anthony arch●r of bishopshourn , sir thomas godfrey of nackington , sir william man of can●erbury , sir iohn boys of bonington , knights , iohn boys of fredfield , iohn boys of hede-court , iohn boys of betheshanger , edward scot of scots-hall , richard master of west-langdon , thomas engeham of goodnestone , iames brockman of bitchborough , arnold brames of bridge , thomas courthope of stodmersh , thomas peke of ashe , laurence rooke of monkshorton , esquires . edward master of canterbury , herbert randolph of canterbury , william randolph of biddenden , ioseph roberts of canterbury , iohn lynch of staple , gentlemen , &c. these all did honour to their country , and to their families , by serving the interest of mr. somner , and the public . pray , sir , accept this plain account of the life of mr. somner : and my hearty thanks for your affection to the memory of this good man : and for your care in publishing this excellent part of his works . it is true , to send forth every postumous tract of learned men , from loose and indigested papers , is an affront to the world : and often seems a libel to the author , and editor of them ; but where the remains of an accurate writer are left complete and absolute , and argue a design of being wrote for public notice : there , to convey such reliques to the press , is an office of justice to the author , and of charity to all the world . your obliged faithful friend , white kennett . edm. hall. oxon. feb. 15. 1693. mr. somner's postumous manuscripts , now in the library of christ's-church canterbury . collections out of ancient mss and records , relating to the city and church of canterbury , and to other towns and churches in kent . large extracts out of the chronicle of william thorn , with other extracts out of the obituary of christ-church , canterbury ; and out of the registers of the churches of canterbury and rochester , with collections out of the saxon annals . observations upon the commissary of canterbury's patent ; being a large discourse concerning the original jurisdiction , priveleges , laws , &c. of the spiritual court. a discourse of portus iccius . a transcript of a large saxon theological treatise . a large collection , in order to the compiling his saxon dictionary , in two volumes . scholia & animadversiones in leges henrici pr●mi , regis angliae , subnectitur glossarium rerum & verborum difficilium in dictis legibus . dedicated to sir roger twisden . collections out of transcripts of several ancient saxon mss. in two volumes . his antiquities of canterbury interleaved , with very large additions . lamberti leges saxonicae . where he has amended the translation . his emendations upon spelman's two volumes , where he has collated the text with mss ; and amended the saxon translation , and has gone through the whole work . his large notes upon spebnan's glossary . some marginal notes upon the grand custom of normandy . some emendations upon his treatise of gavel kind . another copy of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , full of emendations and annotations throughout . marginal notes upon mr. silas taylor 's gavel-kind . history , correcting his mistakes . marginal notes upon bracton de legibus angliae . marginal notes upon the old collection of english and latin statutes , printed 1556. marginal notes upon horn's mirrour of justice . marginal notes upon mr. selden's spicilegium ad eadmerum ; especially an emendation of selden's translation of the laws of william the conquerour , publish'd by him . p. 173. &c. some marginal emendations on spel●nan's saxon psalter . marginal emendations on fox's saxon gospels . marginal emendations on liste's saxon monuments . large marginal notes upon meric cafaubon's book , de quatuor linguis . large marginal notes upon verstegan . adversaria in spel●nanni glo●farium , in watfli glossarium , matth●●o paris additum ; in tractatum gerardi vossii de vitio sermonis . in one volume . leges anglo-saxonicae , a v. c. guil. lambar do olim editae , exintegro latinè datae . some collections towards his intended history of kent . the history of the roman ports and forts in kent . for our discovery both of one and the other , the itinerary vulgarly ascribed to antoninus ( 1 about which there is some dispute amongst the learned ) and that notitia imperii publish'd by pancirollus , must be our chiefest guides . to begin with the ports : the itinerary mentioneth only three , rutupia , dubris , and lemanis : unde colligo hos tantum tres portus apud cantios antiquitùs fuisse celebres . so leland ( to whom i subscribe ) in doris . as to the first ; ptolomy calls it vrbem rutupiae ; antoninus rutupae , portum ritupium , also portum rutupai ; the notitia rutupis , placing there the provost or praefect of the legionis secundae augustae : the 1 peutingerian tables ravipis ; ammianus marcellinus rutupias ; cornelius tacitus rightly reads portum rutupensem ; beda ruthubi portum , quiportus ( so he 2 adds ) à gente anglorum nunc corruptè reptacester vocatus , &c. 3 thus we see what some call urbem a city or walled town , others call portum , a port , haven or harbour . the same marcellinus , as he calls it also rutupias , so by way of character he terms it stationem britanniae tranquillam , a quiet or calm station or bay for ships . in orosius we read it call'd rhutubi portum & civitatem , the port and city rhutubi . before we offer at the etymology of the name , let us enquire out the place's situation . twyne will have dover hereby understood : but that conjecture of his is not only questioned , but rejected of mr. lambard ; and that very justly , as i conceive , in regard that rutupia and dubris , as distinct , are under several names mentioned in the itinerary : to say nothing here of the distance ( which continues and holds good to this day ) between gessoriacum and it . mean time mr. lambard disliking the 1 monk of westminster's applying the name to sandwich , and consequently his referring whatsoever he findeth storied of the one to the other , with 2 leland and camden , restrains it to that place half a mile distant from sandwich northward , which alfred of beverly calls richberge , and is at this day vulgarly called richborough or richborough castle . for my part , with florilegus of old , and pancirollus of late , i perswade my self that sandwich town and haven is the place intended under those afore-recited various names and titles ; not the whilst excluding richborough as the proper seat of that legion , lying in garison in a castle there purposely erected , as in respect of the ascent or high rising ground whereon it stands , of singular advantage both as a specula for prospect and espial of enemies and invaders , and as a pharus or high tower , to set up night lights for the sea-mens better and safer guidance into the harbour . for that richborough-castle was ever other , or of other use in the romans time i cannot believe . 1 gildas tells us of the romans erecting on this coast , at convenient distances , watch-towers for such uses as i have intimated , that of espial and discovery . in litore quoque oceani ad meridiem , quo naves eorum habebantur , quia & inde barbarorum irruptio timebatur , turres per intervalla ad prospectum maris collocant , &c. so he ; and with him 2 venerable bede . and of these watch-towers , our county had ( i take it ) five in number , one at reculver , a second here at richborough , a third at dover , a fourth at folkstone , and a fifth at limne or lim-hill , of all which hereafter in due place . 3 some will tell you ( what others take up more upon fancy and fabulous traditions than good authority ) that richborough was a city , the streets whereof ( say they ) are as yet visible and traceable , at least in the spring and summer time , by the thinness of the corn on those dry and barren tracts and places of the ancient streets , which they call st. augustin's cross. but would you truly be informed of the cause of that ? why then know , that there was sometime indeed a cross there ; a parcel , i mean , of the castle ground , about the middle or center of it layd out cross-wise , and set apart for the building of a church or chappel there : and such a structure at that place really there was , and it was call'd richborough church or chappel . one sir iohn saunder , a prebendary of 1 wingham , ( then a college of secular canons ) parson of dimchuroh , and vicar of ash , in his will dated anno 1509. thus makes mention of it : item i bequeath to the chappel of richborough one portuys printed , with a mass-book which was sir thomas the old priest's . item , to the use of the said chappel 205. to make them a new window , in the body of the church . a chappel then we see there was , and intended it was , and whilst it stood , which no doubt it did till the reformation , ( when many such chappels and some churches , by reason of the cessation of offerings , obits , 1 trentals , anniversaries , almesses , and the like sacerdotal advantages were deserted ) was used for a chappel of ease to some few , inhabiting at or near the castle , and with those of fleet and overland depended upon the head or mother church of ash , as that on wingham . the rubbish whereof , occasioned either by the demolition or decay of the building ; has rendred the soil whereon it stood of that more barren and less fruitful nature and quality , than the adjacent parts . and this ( i take it ) and no other was the estate of richborough , until these later times , whilst sandwich doubtless was the town and port by ritupia or rhutupia , and the like . so that what florilegus ascribeth and applyeth unto sandwich under that name , i am very confident doth rightly appertain unto it ; as 2 that of iulius cesar's hereabouts landing , and of 1 vespasian's attempt for landing here anno gratiae 52. advisedly then enough ( as i conceive ) are the fryars carmelites at sandwich by 2 harpsfield called rutupini sive sanduichiani . and considerable it is , that as between this place rutupium and gessoriacum i. e. bolen , more anciently called portus iccius ( 3 as i have elsewhere at large asserted ) it was that in those elder ( the roman ) times , the ordinary and usual passage lay between france and england ( 4 as afterward between witsand or whitsand and dover , and in latter times between calais and dover ) so the distance between them , according to the itinerary was 450. stadia or furlongs , or ( as pliny has it ) 50. miles , which is all one . and a distance it is by modern proof and observation still continuing to this very day . hither ( i say ) made those who taking ship at bolen were bound for britain , especially if london-bound . adultâ hyeme , dux antedictus bononiam venit , quaesitisque navigiis & omni imposito milite , observato flatu secundo ventorum , ad rutupias ex adverso sit as defertur , petitque londinum . so 1 ammianus marcellinus , speaking of lupicinus , sent deputy into britain . and from hence happily this place losing and letting go its former british name of ritupium or rutupium , 2 became of the saxons called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; i.e. the port of london ; as in likelyhood the place where those that traded either to london from foreign parts , or from london into foreign parts , made and had their prime resort and rendevouz . milthredae verò abbatissae de menstre , in insulâ thaneti , dedit libertatem thelonii ac totam exactionem navigiorum , sibi & antecessoribus suis jure publico in londinensi portu primitus competentem , cartâque suâ confirmavit ; as it is in a book of st. augustin's abby at canterbury , making mention of athelbald and offa , the mercian kings and saxon monarchs , whose grant and charter is afterward vouched and confirmed by aldbert or ethelbert ( one of the kentish kings , in the line of the saxon heptarchy ) in his charter to minster-abby . now that kentish sandwich , and not london city , is here intended and to be understood , is plain by this passage in the laws of lothaire and eadric , meer kentish kings , recorded in that famous ancient monument called textus roffensis , concerning commerce at that place . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. i. e. if any kentish man shall buy any thing in lunden-wic , let him take unto him two or three honest men , or the kings 1 portreeve to witness , &c. 1 as if indeed this were not only a market-town , but the prime and most frequented emporium , or mart-town in kent , in those days . somewhat elder yet is the place's mention under that name ; to wit , in the days of arch-bishop brightwold , or ( as some call him ) 2 berhtwold ( i. e. illustrious ruler ) to whom by ina , the west-saxon king , with the advice of his clergy , boniface , afterward the first arch-bishop of mentz in germany ( an english man born , and first named winfrid ) was sent into kent upon an embassy . this boniface shortly after , with that arch-bishop's consent , not easily at first obtained , quitting his father's house and , native soil , and out of a pious and christian desire and design to propagate the gospel , and both by life and doctrine to convert heathens to the faith of christ , determining to travel into fresia or friesland , immensis peragratis terrae partibus , i.e. journying from the western to the eastern parts of england , he repairs to this place lunden-wich , from whence taking ship , he sets sail and arrives at dorstat , now dieerstede , a town of holland , and so makes forward into fresia ; whereof willibald in the life of boniface , at the end of his epistles thus : 1 hic etiam dum spirituali confortatus armaturâ , & seculari sublimatus sumpturâ , utriusque vitae stipendiis minimè careret ; adhibitis secum duobus aut tribus fratribus , quorum corporali spiritualique indigebat sustentaculo , profectus est : ac sic immensis peragratis terrae pantibus , prospero ovans fratrum comitatu , pervenit ad locum , ubi erat forum rerum venalium , & usque hodie antiquo anglorum saxonumque vocabulo appellatur luidewinc ( in the margin more correctly lundenwich . ) the same holy man afterwards returning home , and after some stay here resolving a visit to rome , betakes himself again to the same port ; whence setting sail he arrives at cuentawic , a sea town in france , now called estaples in picardy ; whereof the same 1 willibaldus : qui protinus quidem valedicens fratribus , profectus est , locumque per longa terrarum spatia , qui jam praedictus dicitur lundenwich ( i follow the margin ) voti compos adiit , & celocis celeriter marginem scandens , caepit ignotas maris tentare vias , tripudiantibusque nautis immensa , coro flante , carbasa consurgebant , & pleno vento prosperoque cursu ostia fluminis citius quod dicitur cuent , omni jam expertes periculi naufragio aspiciunt , & ad aridam sospites terram perveniunt , sed & castra metati in cuentavic , donec superveniens se collegarum multitudo congregasset . clear enough then i suppose it is that by lundenwich , sandwich town and haven was intended and is to be understood ; but whether so called from the same ground with that o● london city , 2 whereof in my glossary at the end of the historiae anglicanae scriptores antiqui , and in my saxon dictionary ; or from the trade and traffick there exercis'd by merchants trading to and from london , as the next port to the river of thames , and so most commodious for that purpose ; or lastly , from some more special and peculiar interest of the londoners in that above other of the ports , i cannot say . only this is certain , that some such interest was challenged by the londoners 1 in stonor lying in thanet , on the other side of the channel , but subject unto sandwich , as a limb or member of that port. for in the year 1090. ( as it is in thorn , the chronicler of st. augustin's abby at canterbury ; quoted by mr. lambard ) there happened a great dispute betwixt the londoners and the abbof of st. augustin's , and his men and homagers of stonor . the londoners challeng'd the lordship or seignory of stonor , as a sea-port subject to their city : but the king ( william rufus ) taking the abbot's part , it was adjudg'd by the justices upon that place , that none from thenceforth should claim any thing here , but that wido the abbot and his covent , should freely and quietly without any question have the land , and the whole share , as far as to the middle of the water ; and that the abbot of st. augustin's should freely enjoy all rights and customs to the same village appertaining . all this while we hear nothing of the name of sandwich . indeed that name ( for ought i find ) occurs not in any coëtaneous writer or writing until the year 979. when ( as it is in the chartularies of the church of canterbury ) king egelred granted it by name unto the monks there , for their supply and maintenance in clothing . 1 king cnute afterward coming in by conquest , and consequently having all parts and places of the kingdom at his disposal , he with some regard ( no doubt ) to the monks former right and title to the place ( being the same , where coming to subdue the saxons , and make a conquest of the country , he first landed ) gave , or rather restored , the place ( the port of sandwich by name ) to the same monks for their sustenance in victuals , with the addition of his golden crown , and ( what perhaps was of equal value in the estimation of the times ) st. bartholomew's arm . the further tracing and producing of what in story concerns this place , i refer and leave to mr. lambard , and such as are willing to be their own informers from our chronicles ; saving that i think it not amiss to observe that signal mention of it in 1 the writer of the life of queen em , where he tells of cnute's landing there , and calls sandwich the most famous of all the ports of england : expectabili itaque ordine , flatu secundo , sandwich , qui est omnium anglorum portuum famosissimus , appulsi , &c. so he . but to to return to the old obsolete name rutupium , or ritupium : for the etymologizing of it , wherein the most learned and judicious camden , ( as his manner is ) hath been so exceeding happy , that waving all other conjectures that either are or may be started , and embracing his , 1 i shall not stick with him to fetch it from the old british rhyd tufith , i. e. vadum sabulosum : and the rather because of that subsequent and succeeding name of sandwich , which plainly betokens a sandy reach or creek ; for so it is , being a place notable indeed for abundance of sand of each side of the channel , whose banks s●us-like are of a winding , curving , and imbowed form and figure ; ( which to this day we call a reach ) especially about richborough , 2 thence happily denominated as being a berg i. e. a hill , or a burg i. e. a castle ( like the termination cester 1 in its name of reptacester ) a castle at or near the reach or creek . but to keep up to rutupium , so famous ( it seems ) in those elder i. e. roman times was the place for the romans often landing there , and the frequent passage thence out of britain into the continent , that the whole eastern and southern maritime tract , coast , or shore of britain was thence denominated , being usually , termed rutupinum littus , i. e. the rutupine or rutupian shore , whereof instances enough are collected and exhibited by the same mr. camden . 2 the romans at length deserting the island , and the saxons shortly after being possess'd of it , as they ( conquerour-like ) changed the language , introducing their own ; so rejecting the wonted name of this place rutupium , they new-named it ( ● , as was shewed above with the reasons for it ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which name it afterward retain'd until their supplanting by the danes ; of whom or about whose time , from the sandy soil there and thereabouts extending from thence so many miles , even as far as about walmercastle , casting off the former name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 call'd it was sandwich , which it retaineth to this day , having formerly given name to a family of knights for several descents called de sandwico , or of sandwich ; one of which , sir simon of sandwich , 1 was the founder of st. bartholomew's hospital there . but of that roman port hitherto . only let me here add the account given or taken of it in the conquerours survey , call'd doomsday-book in these words . sanduic est manerium sanctae trinitatis , & 2 de vestitu monachorum , & est 3 leth & hundredus in seipso , & reddit regi servitium in mare , sicut dovera : & homines illius villae , antequam rex dedit eis suas consuetudines , reddebant xv libras ; quando episcopus recuperavit reddebat xl libras , & xl millia de alecibus , & in praeterito anno reddidit l libras , & alecia sicut prius . et in isto anno debet reddere lx & x lib. & alecia sicut prius . in 1 t. e. r. erant ibi ccc & vii mansurae , nunc autem lx & xvi plus . to gratifie the curiosity of such as may be studious either of the genius and temper of that age , or of their mode and way of framing and phrasing their grants and conveyances ; 2 i shall here , from the original subjoyn that of sandwich town and haven by the king cnute , to the monks of christ-church canterbury , as i find it there extant both in saxon and latine . the common opinion much countenanced and confirmed by our countrymen 1 twine , 2 lambard and some others , ( late writers only whilst all the elder sort are silent in the point ) is that this being before and island of some call'd lomea , very fertile and abounding with pastures , &c. was by an hideous tempest of winds and rains , and an unusual rage and inundation of the sea , hapning 3 in the reign of william rufus , in the year 1097. overwhelmed ; and hath been ever since a quick-sands , charybdis-like , dangerous to navigators . this i say is the common opinion . notwithstanding which , that it ever was other than what it is at present ; that at least it was till that inundation such a piece of firm and fertile ground as 1 twine in his description of it avoucheth , or that ever it was 4 earl goodwyn's patrimony , and took name from him , i dare confidently deny ; and that with warrant enough i trow from hence alone , that in the 1 conquerour's survey ( that famous and most authentick record and repertory of all lands whatsoever throughout the whole english empire ) wherein ( amongst the rest , and in the first place ) kent , with all the lands in it , whether of the king , the arch-bishop , the earl , or whatsoever person high or low is amply and accurately described , surveyed , and recorded ; in this universal terrier ( i say ) there is not any mention made , or the least notice taken of such an island . and as not there , so not elsewhere ( in any author whether foreign or domestick , of any antiquity , that ever i could meet with ) doth it occur : whereas both of sheapy , thanet , &c. ( other kentish islands ) there is frequent mention both in dooms-day-book , and in many of our english historians , as well elder as later , to say nothing of several charters both of christ-church and st. augustine's in canterbury , where they are very obvious . and as for that argument ( much insisted on 1 by the most ) drawn from the name of goodwyn-sands , it may ( as i conceive ) receive this answer , that probably it is not the true , genuine , ancient , and original name , but rather a corruption of the right name contracted and caused by that grand corruption as well of names as things , time . yet what the true and right original name was , i cannot possibly say , nor am scarce willing to conjecture , least i seem to some too bold . but when i consider the condition , nature , and quality of the place in hand ; the soil or rather the sand , which is both lentum & tenax , soft and pliant , and yet tenacious , and retentive withall ; i am almost perswaded it might take the name from the british gwydn so signifying , which in tract of time much the easier , and rather corrupted into goodwyn , because of a kentish earl of that name a little before the norman-conquest . a conjecture in my judgment much favoured by the name 2 given it by twine , ( from what authority it appears not ) lomea , which ( though not in sound yet in sense ) seems in some sort to answer the british gwydn , as coming probably of the 1 saxon lam , whence our modern english lome , as that i conceive of the latine limus , slime , mudd , &c. and that as some derive it of the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. terra madida , locus humidus . these sands ( happily ) being so called for distinction's sake from those many other thereabouts , as the brakes , the fower-foots , the white-ditch , &c. as consisting of a more soft , fluid , porous , spongious , and yet withal tenacious matter than the neighbouring sands , and consequently of a more voracious and ingurgitating property than the rest , which were more hard , solid , rugged , and rocky . but in regard of that altum silentium , the pretermission of it in utter silence by ancient authors , and the no other than a very late notice taken , and mention made of it by any writer , it will hardly pass with judicious men for a thing of such antiquity as to owe its name to the britains . indeed were it a thing of that great antiquity ( a place i mean of that strange and stupendous nature for such a standing ) so very remarkable it is , as we cannot easily believe it should have quite escaped the many elder writers both at home and abroad , or not indeed be reckoned amongst the wonders of our britain . and therefore with several men of judgement it is look'd on as a piece of 1 later emergency than earl goodwyn , much more than the british age . what in this case to reply i scarcely know ; that it is a most notable and wonderful thing as to the nature and quality of it , i cannot but acknowledge , and yet that it hath escaped the pens of all ancient writers both foreign and domestick , i neither can deny . upon a melius inquirendum therefore resuming and reviewing the matter , i cannot but refer to consideration as their conjecture who are for the late emergency of it , so withal what is said in favour of it . instead then of the over-whelming this place ( formerly supposed an island , and a part of earl goodwyn's possessions ) by that inundation of the sea in or about william the second or henry the first 's time , whereunto the loss of it is of some ( as we have seen ) ascribed ; more probable it seems to others , that ( on the contrary ) this inundation being so violent and great , as to drown a great part of flanders and the low-countries , was and gave the occasion of the place's first emergency , by laying and leaving that , which formerly was always wett and under water , for the most part dry and above water . or if happily that one inundation did it not alone , yet might it give such a good essay to it , and lay so fair a begining of it , as was afterward perfected and compleated by following irruptions of that kind ; especially that upon the parts of zealand , which consisting of old of fifteen islands , eight of them have been quite swallowed by the sea and utterly lost . whence that of a late 1 geographer of our own concerning both inundations . the country belgium lyeth exceeding low upon the seas , insomuch that it is much subject to inundations . in the time of henry the second ( it should be the first ) flanders was so overflown , that many thousands of people , whose dwellings the sea had devoured , came into england to begg new seats , and were by the king first placed 1 in yorshire , and then removed to pembrokeshire . since that it hath in zealand swallowed eight of the islands , and in them 300 towns and villages : many of whose churches and strong buildings are at a dead low water to be seen ; and as ovid has it of helice and buris cities of achaia , invenies sub aquis , & adhuc ostendere nautae inclinata solent cum moenibus oppida versis . the water hides them , and the shipmen show , the ruin'd walls and steeples , as they row . to the same purpose the 2 belgick geographer thus : zelandia multis insulis , distinguitur : tametsi enim superiori seculo oceanus magnam huic regioni cladem intulit , & aliquot insulas , perruptis aggeribus , penitus hausit , alias mirum in modum arrosit , &c. and what saith 1 guicciardine speaking of flanders ? usque ad annum salutis 1340 &c. vntil the year 1340. ( saith he ) as often as any bargain was made for the sale of any lands along the maritime tract , provision was expresly made , that if within ten years space next ensuing , the land should be drowned , then the bargain to be void and of none effect . that this ( the emergency of what we call the goodwyn ) was the product and consequence of those inundations , that at least a probable conjecture may hence be grounded of its emergency by this means , they thus make out . this shelf ( the goodwyn ) although it were a kind of shallow lying between the english and the flemish coast , yet until so much of the water sound a vent and out-let into the neighbouring parts of flanders and the low-countries , was allways so far under water , as it never lay dry , but had such a high sea runing over it , as it no way endangered the navigator ; the sea or channel being as safely passable and navigable there as elsewhere . but so much of the water betwixt us and them having forsaken its wonted and ordinary current and confines , and gained so much more elbow-room and evacuation into those drowned parts on the other side , ( the sea usually losing in one place what it gains in another ) this shelf ( the goodwyn ) from thenceforth , for want of that store of water which formerly overlayd it , became ( what it is ) a kind of arida , a sand-plott , deserted of that water's surface in which it was formerly immersed . this ( for ought i perceive ) is probable enough , and hath nothing that i can see , to oppose or controul it , but the name ( the goodwyn ) which indeed cannot consist with so late an emergency , whether by the goodwyn we understand the earl sometime so called , or the british word or epithet for soil or ground of that tenacious sort and temper . not knowing therefore what further to reply , i shall leave it in medio , not daring to determine either way , as being a research of so much difficulty , as i foresee , when all is done , must be left to conjecture , which may prove as various as the readers . now to dubris , another of the kentish roman ports , and of them so called ; 1 but whether from the british dyffrin signifying a vale or valley ( whence that famous vale or valley of cluyd in denbigh-shire is called dyffrin cluyd , as one would say , the inclosed vale or valley ; for so it is , being on all quarters but the north environed with hills or mountains : ) or from their dufr or dur or dyfr , betokening : water ; running water , or a river , ( whence dowerdwy is of girald cambrensis in his itinerary of wales in latine rendred fluvius devae i.e. the river of dee ) is somewhat disputable . both derivations are enough probable , the former in regard of the place's situation in a valley , between two very high hills or rocks : nor is the latter less probable in respect of the water , the fresh or river running through it , and presently emptying it self into the sea , and by the way serving to scour the haven , and keep it open . so that leaving the reader to his liberty of choice , i shall have done with the name when i shall have told him , that after the romans ▪ it was of their immediate successors , the saxons , called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; and of after times 2 dovor and dover . 3 some have called it by what is the proper name of canterbury , dorobernia , others dorvernia ; but very erroneously both ; and upon that mistake , what , tumult or hurly-burly hapned in the year 1051. or as some have it . 1052. at dover by the means of eustave , earl of bolen and his men , likely to have ended in a sore and bloody civil war , ( the king taking part with his brother in law , and earl good●yn siding with the doverians as his clients and vassals ) the scene , i say , of that commotion is of some laid at canterbury : whereas it is 4 hence clear enough that dover was the place , inasmucn as marianus and hoveden , who ( as malmsbury speaks of a castle there which knighton calls castellum dovoriense ) make express mention of a castle on the cliff or by the cliffside , which must needs be dover-castle ; canterbury being an inland-town and standing ( both city and castle ) in a level or valley . but for more certainty , the saxon relation of the matter ( in which language i take it the story was originally penned ) as i find it in a small saxon ms sometime belonging to mr. lambard , and procured for me by my late deceased friend thomas godfrey of hodiford esq , lays the scene at dover . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( 1052 ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. the same year ( 1052 ) eustatius came on shore at dover , &c. so that what of that tumult is recorded in our chronicles as hapning at dorobernia belongs to dover , not canterbury . what also is spoken by 1 pictaviensis of alfred's landing place , or place of arrival , under the same name , relates thither , and is to be understood not of canterbury but dover . but to keep us to the port ; a roman port it was , and continued afterwards a port through the saxon , danish , and norman ages unto this present . but as after the roman times bolen decayed and grew into some disuse on the french coast , so rutupium or sandwich in tract of time did the like on the british , that being supplanted and put by of witsand , this of dover , as of most advantage to the passenger by reason of the greater shortness of the cut between . yet late was it e're witsand came into request , no mention in story being found of it in the notion of a port , 1 until between 5. or 600. years ago . but from about that time indeed it became much frequented , and no notice scarce taken of any other thereabouts . whence that of lewis the french king , who in the year 1180. coming in pilgrimage to visit thomas of canterbury , besought that saint , by way of humble intercession , that no passenger might miscarry by shipwrack between witsand and dover . yet neither was this port witsand very long lived ; for not many years after calice-port coming into request , witsand gives it place , which it retains to this day . and indeed it is matter of more wonder , that it held up so long , than that it decayed no sooner , in regard of the danger of the passage between , through the greater narrowness and straitness of the british channel or frith at that place , rendring it apter to a more impetuous motion than where , as somewhat further off , on either hand more sea room may be had . here without all doubt it was that iulius caesar , in that famous expedition of his for the conquest of britain , first intended and attempted to arrive : a matter evident enough by the description of the place , 1 in his commentary terming it locum ad egrediendum nequaquam idoneum , a place very unfit for landing ; which he further thus describes ; loci haec erat natura , atque ita montibus angustis mare continebatur , ut ex locis superioribus in litus telum adjici posset . from whence without any violence we may conclude that the sea in those days more in●inuated it self into the valley here than afterwards and at this day ( being somewhat excluded and fell further off by the ingulfed beach ) it did and doth , flowing up even as high , if not higher into the land , as where the town it self is now seated : whereof also the anchors and planks or boards of ships there ( 1 as mr. camden hath it ) sometimes digged up , are indications sufficient of themselves to evince this truth . and more have i not to say of this port neither ; only to represent what description thereof is recorded in doomsday-book , in these very syllabes , 2 dovere tempore regis edwardi reddebat , &c. hereunto let me add a topographical account hereof given by guliel . pictavensis , who ( as he was the conquerour's chaplain , and one that attended him in the expedition , and shared with others of his train in the division of the land ) hath written his life and acts. his words are these . situm est id castellum ( dovera ) in rupe mari contigud 1 . from this description it appears , that what fortification the place had in those days to the sea-ward at least , was not so much from art as nature ; indeed rather mixt , the rock or clift'stop with tools and instruments of iron being cut into such notches and indentures , as it both resembled and served in the stead of walls with battlements : which it seems afterwards decaying ( as the clift there consisting more of chalk-stone is apt to crumble away , drop down , and fall ) such walls as now the town hath to the sea-ward were erected for supply to those natural bulwarks , which that edax rerum , all devouring time , had so consumed . passing from hence ( reserving the castle to my future discourse of the roman-forts ) i come in order to the third and last of their kentish ports , lemanis 1 as called of antoninus , of the notitia lemannis , in the peutingerian tables lemavius . concerning the situation hereof various are the conjectures of our english chorographers ; 2 some placing it at 3 hyth , others at west-hyth , a third sort at or under lim-hill ; to none of all which the distance between it and durovernum ( i.e. canterbury ) in the itinerary ( to omit other arguments ) will very well suit being sixteen miles , which is more by two than that between durovernum and dubris , which is full out as great as this . but as there is not much heed to be given to the distances there , being ( as some have observed ) often mistaken , so am i apt to suspect a mistake here , of xvi i mean for xxi , the second of those numeral letters in the itinerary by an easy mistake of an v for an x being miswritten ; which supposed , the port ( as to the distance ) is easily found , and that ineeed is romney , or as we now call it new-romney , distanced much about so many italian miles ( 21 ) from durovernum or canterbury ; and so called happily to answer and suit with the greek 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or the latin novus portus , as some have termed it : although i rather deem that epithet given it more of late to distinguish it from the other romney , called old romney , which distinction i find used near 500 years ago . but be that as it will , romney either the old or the new seems to be the port of the romans so termed , and that either from the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a port , according to that of leland , refert hoc nomen originem graecam , quòd pleno diffluens alveo portum efficiat : est enim portus , litus , sinus maris graecis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; or else from their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 palus a moore or fennish place , as the soil hereabouts for many miles far and wide is none other ; which ethelwerd's limneus portus , and the old and yet continued writings of the parish and deanries name of lime or limpne seems more to favour . romney , i say , as i conceive was that roman port lemanis , which although at present , and for 1 some hundred of years lying dry , and unbestead of any channel of fresh water to serve it , yet had of old a fair and commodious river running along by it , and unlading or emptying it self into the sea , in those days nothing so remotely from the town as ( by the sands and beach in process of time cast up and inbeaten by the sea , and for want of the fresh to repel and keep it back stopping up the harbour ) since and now it is . this river 1 rising and issuing or breaking forth about what for the right name ritheramfield we call now rotherfield , ( a place in sussex ) and so passing under rother-bridge ( corruptly termed roberts-bridge is from thence called the rother : but afterwards running and keeping on it's course to appledore , and from thence to romney called ( as we said ) lemanis , and serving the haven there , becomes from thence termed limena , as the mouth thereof where it falls into the sea , limenemouth . and thus may those be reconciled that are at odds about this river's right name , some calling the whole river rother , others limene ; which former name occurreth not to me in any ancient record , whereas the 2 latter doth , and that as high up as whereabout it first riseth . it was afterward ( from the port so called , to and along by which it had it's course and current ) named romney , as shall be shewed anon . mean time for better method's sake , i shall endeavour to assert three things . first , that there was such a river ; one , i mean , of that name of limene , and romney . secondly , that this river had it's mouth at or by romney-town . thirdly , about what time , and by what occasion it ceased running hither , and forsook it's wonted channel . now as to the first , express mention is found made of it by that name of limene , in a charter or grant of ethelbert the son of the kentish king 1 withred , about the year 721. whereby he grants to mildred , the then abbess of minster in thanet , terram unius aratri circa flumen limenae i.e. a plough-land lying by or about the river limene . it next occurs to me in a charter of king eadbright dated in the year 741. granting to the church of canterbury capturam piscium quae habetur in hostio fluminis cujus nomen est 2 limeueia &c. i.e. the taking or catching of fish to be had in the mouth of the river , which is named limene &c. in a charter or grant of egbert , the west-saxon king , and first english saxon monarch , and athulf or ethelwulf his son to one goding in the year 820. it thus again occurs : duo ar atra in loco qui dicitur anglicis werehornas , in paludosis locis ; & empta est pro m solidis nummorum . et haec sunt territoria : on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. ex orientali parte porrigit austrum versus , ultra limenae fluvium usque ad australium saxonum limitem , i.e. two plough-lands in a place in english called werehorns , amongst the fenns , and cost m. shillings or 50l . of money : and these are the boundaries ; on the east-part it extendeth south-ward over the river limen , unto the south-saxon limits . in a deed or grant ( of one 1 warhard or warnard a priest ) to the monks of canterbury , dated anno 830. thus again we meet with it : unum jugum qued jacet in australi parte limene , & ab incolis nominatur lambeham , pertinet autem ad burnham , &c. i.e. one yoke of land lying on the south-side of limene , and of the inhabitants is called lambeham , but belongeth to burnham , &c. to pass over the mention of it in our english 1 saxon annals anno 893. not long after it was ( anno sc. 895 ) that the same river ( that part of it at or near romney town ) in a grant of plegmund the arch-bishop of canterbury under the name of romney occurs thus . terram quae vocatur wefingmersc juxta flumen quod vocatur rumeneia , &c. i. e. the land called wefingmersh , beside the river called romney . in an old deed sans date of thomas and iames , sons of kennet of blakeburn and others , it comes into mention thus : totum nostrum imbrocum de blakeburn , sive praedictus brocus sit major sive minor , cujus broci longitudo ex australi parte incipit ad pontem de oxenal , & ducit super aquam de limenal usque ad piscarium de blakeburn , & de eadem piscaria incipit longitudo ex parte aquilonis , & ducit per wallam de piggbroke , i. e. all our im-brook of blakeburn , whether the said brook be greater or less , the length whereof on the south-part begins at oxney-bridge and leadeth over the water of limene , unto the fishing place of blakeburn ; and from thence begins the length of it on the north-part , and leads by the wall of piggbrook , &c. so much , and enough of the first . passing from which to the second research or proposition , that the river or water so called , limene and romney , or ( as more of late ) rother ran to romney , and there by its mouth or out-let called ( as in that old charter of king eadbriht ) limen mouth , emptying it self into the sea , gave beginning and occasion to the port or haven there . for this , if 1 mr. camden's testimony , chiefly grounded ( i suppose ) on the inhabitants tradition of his time , be not full satisfaction , who saith , that 1 in the reign of edward the first , the sea raging with violence of winds , overflowed this tract and made pitiful waste of people , of cattel , and of houses in every place , as having quite drowned promhill , a pretty town well frequented , and made the rother forsake his own channel , which here beforetime emptied himself into the sea , and stopped his mouth , opening a new and nearer may to pass into the sea by rhie ; so as by little and little he forsook this town , &c. if this ( i say ) be not sufficient , let me add , that as new-romney is to this day a port , and one of those five , which lying on the east and south sea-coast of england , are called the cinque-ports , so doubtless hath it been from the first . it was sometime ( 2 saith mr. lambard ) a good sure and commodious haven , where many vessels used to lye at road . for 3 henry the archdeacon of huntingdon , maketh report , that at such time as goodwyn earl of kent and his sons were exiled the realm , they armed vessels to the sea , and sought by disturbing the quiet of the people to compel the king to their revocation . and therefore , among 1 sundry other harms that they did on the coast of this shire , they entred the haven at romney , and led away all such ships as they found in the harbour there . in the conquerour's expedition for the conquest of england , some of his company by mistake it seems landed , or were put a shore at romney , and were rudely and barbarously treated by the inhabitants hereof ; and of the revenge upon them taken by the conquerour after his victory , and settling his affairs at hasting , his chaplain 2 pictaviensis , and after him 3 ordericus vitalis , gives us this account . humatis autem suis , dispositâque custodiâ , hastingas cum strenuo praefecto romanarium ( saith the former , for romaneium , as it is in the latter ) accedens , quam placuit paenam exegit pro clade suorum , quos illuc errore appulsos fera gens adorta praelio cum utriusque partis maximo detrimento fuderat . this i take it is the port in dooms-day-book called lamport , and the hundred wherein it lay , the hundred of lamport . in lamport , hundred ( so that book ) robertus de romenel tenet de archiepisc. lamport : pro 1 solino & dimid . se defendit . ad hoc manerium pertinent 21 burgenses qui sunt in romenel , de quibus habet archiep. 3 forisfacturas , latrocinia , pacem fractam , foristellum . rex vero habet omne servitium ab eis , & ipsi habent omnes consuetudines , & alias forisfacturas pro servitio maris , ● sunt in manu regis . thus in the account of the lands and possessions of the arch-bishops knights : afterward in that of the bishop of bayon thus . in lamport hund . robertus de romenel tenet de episcopo 1 affetane , pro i solino se defendit . idem robertus habet 50 burgenses in burgo de romenel , & de eis habet rex omne servitium , & sunt quieti pro servitio maris ab omni consuetudine praeter latrocinium , pacem infractam , & 2 foristel . it was since , and is at this day altered into langport , and containing the towns of st. nicholas , ctc. and as there was and is a double romney , the old and the new ; so in the 14th . year of edward the 2d , i read of an old and a new langport . by the way , 1 mr. lambard in his perambulation represents the state of this place otherwise than dooms-day-book doth , whom the reader may please hereby to correct accordingly . now as all sea-ports or havens have , at least first had ( what since sometime , as here , is discontinued and diverted ) a river , stream , or course of fresh water falling into them for their better keeping open , and to prevent their obstruction and choaking by sands , beach , slime , or other like suffocating matter , without which it cannot be , or be properly called a port : so doubtless did this port or haven sometime participate of this commodity and property , and had a river , a fresh , a current running to it , and there discharging or shedding it self into the sea ; and the same so called ( from the several places by which it had it's passage ) rother , limen , and romney . for albeit the rother ( for that only is the now remaining name , though some call it appledore-water ) cuts or falls many miles short of romney-port , ( after it is once gotten to appledore , wheeling about and running into that arm of the sea or aestuary insinuating into the land by , what from that or some other current became so called , rye yet had it heretofore a direct and foreright continued current and passage as to appledore , so from thence to romney , the old and new : on the west-side whereof meeting with the aestuary , it presently disembogued and fell into the sea , which in elder times with so large and wide a mouth flow'd up within the land there , that in the year 774. lyd , both to the northern and eastern bounds thereof , is said to border on the sea . witness the charter of k. offa of that mannor , given to 1 ianibert the then arch-bishop , of this tenour . in nomine iesu salvatoris mundi , &c. ego offa rex totius anglorum patriae , dabo & concedo janibert archiepiscopo ad ecclesiam christi , aliquam partem terrae , trium aratrorum , quod cantianitè dicitur three 2 sulinge , in occidentali parte regionis quae dicitur mersware ubi nominatur ad lyden : & hujus terrae sunt haec territoria : mare in oriente , in aquilone , & ab austro terra regis edwy — nominant deugemere usque 1 ad lapidem appositum in ultimo terrae , & in occidente & aquilone confinia regni ad bleechinge . et hoc praedictum donum , &c. from whence clear enough it is that the sea with a large and spatious inlet , arm , and aestuary , in those days flowed in between lyd and romney , and was there met with the river limen , which of necessity must have a very large capacious mouth , or bosom to receive , as it did , 2 a fleet of 250 sail , the number of those danish pyrats being no less , who in the year 893 put in here , and towing up their vessels four miles within the land , even as far as to the weald ( which 3 then extended east-ward unto appledore ) there cast anchor , and destroying a fort or castle , as old and imperfect as ill defended , built a new one and kept their rendezvous there . for i can easily believe that however appledore be distanced from romney about six miles , yet so large a bosom had that arm or aestuary , and so high up into the land the sea then flowed , ( haply so high as that place in romney-custumal written about edw. 3d's . time , called readhill , whither the franchise from the entrance of the haven is said to reach ) that appledore was not above four miles from the river's mouth : some vestigia and remains whereof , that trench of large extent both for length and breadth between appledore and romney along the wall , ( from thence called the ree-wall ) by the diversion of the current at this day lying dry and converted to pasturage , ( if it be not all one with that hereunder mentioned , passed over by the king to the arch-bishop and others ) may seem to be : over which ( i take it ) there sometime was a passage between romney-marsh and walland-marsh , by that bridge which in these latter days is ( as the hundred wherein it lay ) called allowesbridge , for what of old was called alolvesbridge , so named haply from some lord or great person , who ( whether he or some other that gave name to that bocton called aloof for alolfe an earl so called , whence the place of old is otherwise termed earl bocton , i cannot say ) was known by the christian name alolfe , or the like . observable here it is to our purpose , that amongst the places mentioned in that grant or charter of k. eadbriht to the church of canterbury , ( without which the arch-bishop of old had had no interest in romney ) some if not all agree and suit to romney for the place of limen-mouth , as that of the situation of st. martin's oratory , the fishermen's houses , the ripe , bishop's-wike , &c. the first of which , as it was in our fore-father's days to be found in romney-town , being one of the parish churches there , ( st. nicholas being the other ; ) so those houses or some of them might probably enough be the same which in dooms-day-book are said to be 21 burgenses belonging to lamport ; which port in those days belonged to the arch-bishop , and as his of right , was ( with other things ) by him recovered from some norman-usurpers in or by that placitum or pleading at 1 pinedene , published by the most learned selden . upon this account it was ( the archbishop's peculiar interest there ) that arch-bishop becket in the year 1164. intending a 1 secret escape and departure out of england , made choice of this port to put to sea . but to proceed to the other places mentioned in that most ancient charter : not far from hence ( i take it ) lay the marsh called ( from the arch-bishop as the owner ) 2 bishop's-wike ; whilst the ripe ( though cleared of the wood , if ever it were wood ) yet remains by that name at lyd. in an old accompt-roll of the arch-bishop's mannours sans date , the accomptant of oxency craves this allowance . oxenal . in conducendis batellis ad ducendum 105 3 summas avenae usque rumenal missas ad liminge , 5s . 9d . whence it appears that there was then a channel leading down to romney from oxeney : not to urge any thing from what we find in that ordinance of iohn lovetot and henry of apuldrefeild made anno 16 edw. 1. and extant in that little treatise called the charter of romney-marsh , where order being taken for the security and defence of that western part of the marsh , at this day called walland-marsh , lying west-ward of romney-channel ( the eastern part , or that on the other part of the channel , called romney-marsh , and no more , being formerly provided for by the ordinance of henry of bath and his associates , nicholas of handly , and alured of dew , in the 24th . year of henry the third ) we have that part of the ordinance ushered in with this preamble , et quia &c. i. e. and because before that time in this marsh of romenal beyond the course of the water of that port running from the snergate towards romenhal , on the west-part of the same port as far as to the county of sussex , there had not been any certain law of the marsh ordained , nor used otherwise than at the will of those who had lands in the same , &c. not ( i say ) to insist on this , because it brings the water-course but from snergate not from appledore ; let us now in the third and last place , having brought the channel to romney , shew ( if we can ) when it forsook it , when and how it came to be diverted ; and whither ; which is the third proposition . for forsaken it hath , insomuch as there is neither haven , harbour or channel , neither in-let nor out-let near it , but left quite dry it is and destitute both of salt and fresh water . and indeed so long it hath been thus , that without some difficulty the certain time is not retrievable : nor may we think it came to pass all at once , but at times and by degrees , which we shall track and trace out as well as we can . gaufridus , the prior of christ-church canterb. in henry the first 's time with his covent , made and passed many grants of land at appledore 1 in gavelkind , with this covenant and tye upon the tenants ; et debent wallas custodire & defendere contra friscam & salsam , & , quoties opus fuerit , eas reparare & firmas facere secundum legem & consuetudinem marisci , &c. setting them but at small rents in respect hereof . but i shall not insist on this and many such like any further , than to note that the sea did much infest and endanger those parts with its aestuations and irruptions , in those days . witness this demand in our accompt-roll of the arch-bishop's mannor of aldington , about the year 1236. in expensâ iohannis de watton & persona de aldington per tres dies apud rumenal & winchelse & apelder , una cum seneschallo , ad vidend . salvationem patriae & marisci contra inundationem maris , 41s . 4d . this inundation was the same ( i take it ) with that mentioned of both the 1 matthews ( paris and westminster ) in that year . the same matthew paris relating the hideous , uncouth , violent rage and aestuation of the sea in the year 1250. and the inundations consequent , reports thus . apud winchelsey &c. at winchelsey , above 300. houses with some churches , by the seas violence were overturned . in an ancient french chronicle , sometime belonging to the church of canterbury , and written by a monk of the place in edw. 2d's days , which i light on in sir simon dews his library , i read thus . and the same year ( 1286 ) on the second of the nones of february , the sea in the isle of thanet rose or swelled so high , and in the marsh of romenal , that it brake all the walls , and drowned all the grounds : so that from the great wall of appledore as far as winchelsey , towards the south and the west , all the land lay under water lost . mr. camden 1 ( i suppose ) intends the same inundation when he saith , that in the reign of edw. 1. the sea raging with the violence of winds , overflowed this tract , and made pitiful waste of people , cattel , and of houses , in every place , as having quite drowned promhill , a pretty town well frequented : and that it also made the rother forsake his old channel , which here beforetime emptied himself into the sea , and stopped his mouth , opening a new and nearer way for him to pass into the sea by rhie . hence followed that ordinance of iohn of lovetot and his associates the very next year , 16. edw. 1. ( whereof before ) by the king 's writ , to whom sent and premised , they are assigned ad supervidendum wallas , &c. i. e. to view the walls and ditches upon the sea-coasts and places adjacent within the county of kent , in divers places then broken through , by the violence of the sea , &c. to proceed , 1 mr. lambard tells us of a strange tempest that threw down many steeples and trees , and above 300 mills , and housings there , in the 8th year of edw. 3d. about the year of christ 1334. now lay to all these what occurs in a grant or letters patents from k. edw. 3d. in the 11th . year of his reign , passing over to the then arch-bishop , the prior , and covent of christ-church , and margaret de basings , an old trench lying betwixt appledore and romney , with licence at their pleasure to obstruct , dam , and stop it up , as by reason of the sands , and other imbelched , obstructive matter , made and become useless and unserviceable , and so having then continued for 30 years past and upwards : lay all this , i say , together , and then it will be credible enough that the old trench was lost and disused upon that inundation about the year 1287. and the new one made and begotten by that other about the year 1334. being the same that is mentioned in the same ordinance of io. de lovetot , and his associates . before we proceed , take here the grant it self in it's own words as i met with it in the archives of that church of canterbury , and thus there intituled . licentiâ dni . regis super quadam antiquâ trencheâ apud apulder habenda dno . archiepiscopo , priori , & conventui ecclesiae christi cantuar. ac dnae . margaretae de passele , prout eisdem melius visum fuerit esse expediens , anno regni ejus 11. edwardus dei gratiâ , 1 &c. here we find that by the seas impetuosity and rage , the old ●rench was lost , and a new one made and succeeded in the room ; both the old when in being , and the new afterwards from appledore to romney ; the time we have also both of the one and the other's beginning . and now as on the one hand some violent irruptions of the sea by the parts of rye and winchelsea , had made way for the rother's mingling her waters with that aestuary , and the breaking off it's wonted course by appledore and romney , so the in-let , creek , or haven at romney , wanting the river's wonted help to scour and keep it open , what with that and the working of the sea still casting up and closing it with sands and beach , became in time obstructed , and for many ages hath been so quite dammed up , that the sea now lyes off at a great distance and remoteness from the town . and thus far of those three propositions . to return now to our port lemanis , whereof i have not more to say than that as the inhabitants of this marish countrey , were of the english saxons called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. viri palustres , marsh-men or fen-men , 1 and the region it self 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as in ethelwerd , anno 795. and mersware as in king offa's 1 fore-recited charter or grant of lyd to the arch-bishop , and merseware as hoveden , 2 if rightly printed , anno 838. so were the same inhabitants also called limware , and the whole lath ( since and to this day called shipway ) as in doomsday-book often , limwarebest , and limeware-leth , and the like ; which if derivative from the greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , limware is of the same sense and signification 3 with that other merscware . it ( the port ) was also called romeney , rumeney , and sometime rumenal , by the same misrule that oxney , graveney , pevensey , &c. are of old called oxenel , gravenel , pevensel , &c. the eldest mention that i find of romney , is in 4 that grant or charter of plegmund the archbishop , in the year 895. whence that name might come various also are the conjectures . 5 some latine it romanum mare , as if it were sea in the romans time . indeed much more of it formerly than at present has been under water as overflowed by the sea ; whence i read of archbishop becket's , baldwin's , boniface's , and peckham's innings ; to which i may add what bears the name to this day of elderton's innings . wibort a prior , and his covent of christ-church canterbury , near upon 500. years since , grant to baldwyn scadewey and his heirs , as much lands at mistelham in the marish ( about ebeny i take it ) as he could inne at his own cost against the sea , gratis for the two first years , and at 4d . the acre per annum afterwards . 1 others perhaps fetch it from the saxon rumen-ea the large water or watry place ; to which i subscribe : though some perhaps meeting with the tyber's ancient name of rumon ( whereof marlianus in his topography of rome ) and the etymology of it from rumino , quasi ripas ruminans & exedens , may fancy the same etymology for this of romney , especially considering how , if not the river , yet the sea , impatient of restraint within the channel of our narrow seas , all along this coast , hath been and is very apt to eat away the shore , and either breaking through , or swelling over the banks and walls , to overwhelm and drown much of the level , as the inhabitants and owners of land there find by woeful and costly experience . having had so much occasion to mention appledore , i may not part from hence without giving some further account both of place and name . the first mention i find of it is in the year 893. when ( as in that fore-cited place of our saxon annals ) it is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 1 ethelwerd recounting the same story calls it ( if not mis-printed ) a poldre , for atpoldre or apledore , according as it is also named in a charter or grant of it to christ-church by one aedsi a priest becoming a monk there , with the consent of his master king cnute and his queen , in the year 1032. where also it is written apeldre , and the like before in the charter or priviledge of k. ethelred about the year 1006. and in doomsday-book , where said it is to lye in limewareleth or the lath of the men of limene or lime , the same which is since ( 1 as was said ) called shipway . since which time undoubtedly there hath been some alteration of the laths , and other divisions of our county ; for as there niwenden also is said to be in the same lath , so both it and appledore , both in that elder record of knight's-fees of henry 3d. or edw. 1's . time , and in that latter of the 13. of queen elizabeth , exemplified by mr. lambard , are said to be in the lath of scray or sherwinhope ( as called at this day ) but of old , as in doomsday-book wimare-lest , i.e. the lath of the men of wye , and are accordingly placed by mr. kilburne in his alphabetical kentish tables , and his survey . the place , the soil is moorish , boggy , and fenny , such as our ancestors here at home , with some of their neighbours abroad , have usually called polder ; ( we have a place near canterbury lying by the river's side of that name , and another of a moorish situation at herbaldown ) a word of kilianus in his teutonick dictionary , turned palus marina , pratum littorale , ager qui è fluvio out mare eductus , aggeribus obsepitur , i.e. a marish fenn , a meadow by the shore side , a field drain'd or gain'd from a river or the sea , and inclosed with banks . to all which qualities and properties , our appledore fully answereth , being a kind of meer bogg or quagmire , bordering on the water , and often overlaid of it . witness the great innings , securing , and improving of it at several times , by the care and at the charge of the church of canterbury , whereof in their accompts and other records . whilst therefore 1 others fetch it ( without all probability in my apprehension ) from the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 malus , pomus , an appletree , ( a plant for which the soil is nothing proper , nor scarce for any other ) i rather would derive it from that other name polder to which 〈◊〉 being ( 2 as in the names of most places ) prefixed by the saxons , it was originally called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and in process of time ( wearing out the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as since and at present more corruptly appledore ; from their seat or abode at or about which place the families name of ap●ldorfield . some perhaps may fancy a latin derivation of the name from appello , to arrive or land , and hence probably it is that some do hold the place to have been sometime a haven or sea-town , or port , and consequently a landing place , or a place of ships arrival . but to this i first answer , that the name is not found until the saxon times , and they never used to borrow or be beholding to the latin for any , whether local or other name . next , although now and of latter years , that arm or aestuary of the sea flowing in by winchelsea and rye , reach up as high as appledore-town , yet questionless of old it did not so ; so long ago at least , as there is mention made of appledore , which out-dates the first institution and original of the ports , referred at the furthest no higher up than edward the confessor's time , at what time had it been since and at this present a maritime place , and used as an harbour or haven-town , it could not in all probability have escaped the being taken in as a limb or member at least , either as winchelsey and rye of hastings , or as lyd and promhill of romney , or some other of the ports . but no marvel that it is not , it being more than likely , that till some such great flood or inundation 1 as that spoken of before , hapning in the year 1287. or some other about the same time , that aestuary , although beginning somewhat early to put fair for it , ( witness that charter of prior wibert in henry the first 's time , providing for defence against the sea 's encroachment ) was not of so far and large extent into the land : but then or about that time , by the violence of that inundation rolling and reaching up as far as appledore , it not only kept its ground , but laying hands on the rother in her wonted course by those parts to romney , and without regard to poor romney's detriment and damage , by the loss of so advantageous a friend both to town and haven ( by no better title than that of a plain rape ) keeps possession of her , enforcing her along in the same channel ( or torrent rather ) with her by gilford ( so called from the gill , gulel , or rivulet there of old easily fordable ) to ( what in all likelyhood ows it's name to that ree or channel ) rye , and so to ( 1 what by its name betokens a waterish place seated in a corner , as old winchelsey was , lying at the corner of kent and sussex ) winchelsea : making ever now and then bracks and breaches by the way , to the prejudice of the level or low grounds near adjacent . whence ( besides what we have in that little treatise called ordinalia marisci , or ( for so it is entituled in english ) the charter of romney-marsh , 2 before remembred , providing against such inundations and the damages consequent ) that charter or 1 letters patents granted and directed to certain knights , and other persons of quality in the 2d . year of henry the 5th . to empower them for the repairing breaches past , and preventing the like for the time to come , in the parts betwixt rye and odiam-bridge , whereof many other of like nature concerning other parts of the level in 2 mr. dugdale's history of imbanking , &c. but to return to appledore ; doomsday-book shewing it to be a mannor belonging to christ-church , and ( as that which the saxons called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) allotted ad cibum monachorum , i. e. towards feeding of the monks , or towards their provision of sustenance , thus speaks of it . in let●●de limware , &c. as 3 in my antiquities . would you see the first grant of it , with some other places to the church ? i shall here for a close of my discourse concerning this place , present you with a true copy of it for a 4 second taste and specimen of the mode and manner of the donations of that age ; and the rather , that hereby you may see the vast difference between the candid simplicity and plainness of those elder times ( when conscience was accounted the best evidence ) and the serpentine subtilty of these , ( justly taxed by that eminent lawyer and antiquary 1 mr. selden ; ) when no conveyance but in folio , when an acre of land cannot pass without almost an acre of writing , such a voluminous deal as would in a manner , if not serve to cover , yet if cut in thongs ( as that bull 's hide wherewith the circuit of what was hence to be called thong or thoang-castle was said to be laid out ) would go near to compass it ; their honest meaning of old going further in point of security than our much writing now , whilst their plain dealing supplied and made up what was wanting either in in matter of form or multitude of words . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . here appeareth in this writing how cnut king and aelfgife his lady gave to eadsy their priest when he turned monk , that he might convey that land at apuldore as to himself most pleasing were . then gave he it to christ-church to god's servants for his soul , and he it bought that of the covent for his days and aedwine's with four pounds , on that contract that men deliver every year to christ-church three weights of cheese from that land , and three 1 bundles of eeles , and after his days and aedwine's go that land into christ-church , with meat and with men , even as it then inriched is , for eadsie's soul , and he bought that land at werhorne of the covent for his days and eadwine's also with four pounds ; then goeth that land forth with the other after his days and edwine's to christ-church with the crop that there then on is , and that land for his days at berwick which he obtained of his lord cnute king ; and he gives also those lands at orpinton in his days for his soul to christ-church to god's servants for garment-land , which he bought with eighty marks of white silver 1 by hustings weight , and he gives also those lands at palstre and at wittresham after his days and edwine's forth with the other to god's servants for foster-land for his soul. this bequest he giveth to the covent on this contract that they ever him well observe , and to him faithful be in life and after life , and if they with any unadvisedness with him this contract shall break , then stands it in his own power how he afterwards his own dispose will. of this is for witness cnute king , and aelfgife his lady , and aethelnoth archb. and aelfstan abb. and the covent at s. austine's , and brihtric young , and aetheric husbandman , and thorth thurkille's nephew , and tofi , and aelfwine priest , and eadwold priest , and all the king's counsellours ; aud this writing is threefold , one is at christ-church , and one at s. augustine's , and one hath eadsy with himself . the history of the roman forts in kent . that the romans having once the supreme command in britain , had their forts as well as ports in kent , is evident enough by that notitia imperii occidentalis , that roman office-book set out by pancirollus , where we find the names of dubris , lemanis , anderida , rutupis , and regulbium , under that notion . all which our ▪ antiquaries generally agree to be kentish roman garrisons or stations . gildas , followed by venerable bede , hath respect hither in that passage of his 1 epistle , where giving an account of the roman's care to provide against the invasions and infestations of such barbarians and saxons , as annoyed this maritime tract , he saith , 1 in littore quoque oceani ad meridiem , &c. i. e. on the southern coast of brittain , where the ships were , because they feared from thence the barbarians would make their in-rodes , they placed towers , ( watch-towers ) at convenient distances , to take from them a prospect of the ocean . i shall begin with the last , 2 regulbium . hereof in that book of notices , where the leiutenant of the saxon shore ( whose office it was with those garrisons to repress the in-rodes and depredations of the rovers ) with such as are under his command , is spoken of , we read , that the tribunus cohortis , &c. the captain of the primier band of the vetasians lay here in garrison . now to prove that by this name regulbium , what we now call reculver is intended and to be understood , will be no hard task . for first , that so it was is the common and received opinion and verdict of the whole college of our english antiquaries ; and that reason of 1 mr. camden rendred for his conjecture , is very plausible and satisfactory ; the often digging and turning up there of roman coins ; which of my certain knowledge is to this day very true and usual , who have been owner of many , as i am still of some , pieces of old roman coin had from hence . the roman tile or brick here also found , some in buildings , others by the clift-side , where the sea hath wash'd and eaten away the earth ( as it daily doth , to the manifest endangering of the church by it's violent encroachments ) give like evidence of the place's roman antiquity ; whereof some are remaining in and about that little stone cottage without the church-yard , ( of some holden to be the remains of an old chappel or oratory ) and others not far off . if this give not satisfaction , let me here add that observation of the learned antiquary 2 mr. burton : it is to be observed ( saith he ) that all places ending in chester , fashioned in the saxon times , arise from the ruines of the old roman castra ; and therefore the ancient stations about the wall , the carkasses of many of which at this day appear , are called chesters by the country people . very good ; ( to bring this observation home ) reculver was of old in the saxon's time , as 1 sometimes ( from the monastery there ) called raculf-minster , so likewise other while ( from that roman castle or garrison there in former time no doubt ) raculf-cester . as for instance , in a charter or grant of eadmund , a kentish king , in the year 784. running thus : ego eadmundus , rex cantiae , do tibi wihtrede , honorabili abb●ti , tuaeque familiae degenti in loco qui dicitur . raculf-cester , terram 12. aratrorum , quae dicitur sildunk , cum universis ad eum ritè pertinentibus , liberam ab omni seculari servitio , & omni regali tributo , exceptis 2 expeditione , &c. nor is that parcel of evidence resulting from and couched in the present and forepast name of the place to be slighted , especially that more ancient name of it in the saxon times racul● , altered since into raculfre and reculvre , and ( which it now bears ) reculver ; none of which but do retain a grand smack and quantity of that roman name 1 regulbium . whereabouts at regulbium this castrum stood , where the place of this roman garrison or station was , is not at this day so clear and certain . but 2 as it is well observed that all the roman colonies , towns , stations , or forts generally were set upon hills , so i suppose this might be placed on that ascent or rising ground whereon the monastery afterward stood , and the church now stands erected , within ( i mean ) that fair square plot of ground converted to the church-yard , and environing the minster or church , enclosed and circumscribed with a wall of stone . the minster , i say ; for of a royal palace ( to which after the roman time this fort or station 3 is said to have received a conversion by king ethelbert upon his withdrawing thither from canterbury , in favour of augustine and his company ) it became e're long a monastery or abby of the benedictine order , of whose founder with the time of the foundation , thus in the english saxon annals , anno dclxix . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. this year ( 669 ) king egbert gave to bassa priest , raculf , whereon to build a monastery . from thenceforth the place became called raculf-minster , and was at first governed by an abbot , brightwald the 8th . arch-bishop of canterbury , from being abbot there ( as venerable bede hath told us ) was 1 preferred to the arch-bishoprick . this abby or minster , with its whole revenue , was afterward , anno 949. by king eadred made and granted over to christ-church , as 2 in my antiquities , and in the first part of the monasticon , p. 86. where the grant or deed it self is at large recited , with the bounds and extent of the sight and circuit , reaching over the water into thanet , and laying claim to four 1 plough-yards there . the monastery nevertheless ( it seems ) continued , but with an alteration in the governour 's title from that of abbot to dean , as will also appear by 2 my antiquities from a charter not many years antedating the norman conquest ; by what time ( it seems ) it 's monastick condition ceased , being changed into that of a mannor ( as it still is ) of the arch-bishop's , in which state and notion we meet with it thus described in doomsday-book : raculf est manerium archiepiscopi , & in t. r. e. se defendebat pro. viii . sull . & est appretiatum xl. & ii. lib. & v. sol . tres minutes minus . i shall close concerning reculver with that account given of the place by leland , in mr. philpott's villare cantianum . 3 the old buildings of the abby church continues , ( says he ) having two goodly spiring steeples . in the entring into the quire is one of the fairest and most ancient crosses that ever i saw , nine foot in height ; it standeth like a fair column . the basis is a great stone , it is not wrought : the second stone being round , hath curiously wrought and painted the image of our saviour christ , peter , paul , john and james : christ saith , ego sum alpha & omega . peter saith tu es christus filius dei vivi . the sayings of the other three were painted majusculis literis romanis , but now obliterated . the second stone is of the passion . the third stone contains the twelve apostles . the fourth hath the image of our saviour hanging and fastned with four nails , & sub pedibus sustentaculum : the highest part of the pillar hath the figure of a cross. in the church is a very ancient book of the evangelies , in majusculis literis romanis ; and in the borders thereof is a crystal stone thus inscribed , claudia alepiccus . in the north-side of the church is the figure of a bishop painted under an arch . in digging about the church they find old buckles and rings . the whole print of the monastery appears by the old wall ; and the vicarage was made of the ruines of the monastery . there is a neglected chappel out of the church-yard , where some say was a parish-church before the abby was suppress'd and given to the arch-bishop of canterbury . and yet to do the place right , for antiquitie's sake , i cannot leave reculver , until i have given some further account of the dignity of the church there , the parson or rector whereof , when in being , and when petit ecclesiastical jurisdictions under foreign commissaries ( as they called them ) was in fashion , now 300. years ago and upwards ; had the same jurisdiction within his own parish and chappelries annexed , as afterward and at this day the commissary of canterbury exerciseth there . i have seen commissions to this purpose to the rector there for the time being , both from the arch-bishop sede plenâ , and from the prior and covent sede vacante . and it was indeed a common practice with it and such other exempt churches , as ( like it ) were mother-churches in the diocess in those days . when , why , and how this course and custom ceased , may be found 1 in my antiquities . so much for the rector . now for his church ; it was and is a mother-church , upon which of old depended four chappels of ease , hoth , hearn , and in thanet , st. nicholas and all-saints . upon the three last of which , for the mother-churche is greater honour and dignity , or in signum subjectionis , ( as the instrument runs ) an annual pension to the vicar of reculver , upon the founding of that , with those other vicarages of hearn and st. nicholas , was imposed ; the vicar of of st. nicholas and all-saints being charged with 3l . 3s . 4d . per annum , and the other of hearn with 40s . per annum . and as the vicars of these dependant or annexed chappels were under this charge and burthen to him of the superiour or mother-church , so the parishioners and people of those chappelries , however gratified and accommodated with chappels of ease for lessening their trouble , by shortning their way to church , whether for divine service in their life time , or interment after death ; yet ( as the law in that case requires , where no privilege or discharge from it is indulged at or by the first foundation or following prescription ) where it seems left as liable and subject to the repair of the mother-church of reculver , as the peculiar and proper inhabitants of the place , and themselves , before the chappels erected by laws , were : a thing controverted between them of hearn and reculver , in arch-bishop stratford's days , who after ●cognizance taken of the cause and audience of all parties , passed a decree in the year 1 335. ( which i have seen under seal , whereof i have a copy by me ) in behalf of the reculverians , condemning and adjudging those of hearn to the repair of the mother-church . much contest and dispute hereabouts have hapned afterwards between the succeeding inhabitants , until by a decree ( which as i remember i have seen ) of arch-bishop warham , in henry the eighth's days , the difference was , by and with the consent of all parties , thus finally composed : that the people of each chappel ( hearn and st. nicholas ) should redeem the burthen of repairs with the payment of a certain moderate annual stipend or pension in money , payable at a certain set day in the year , but with this proviso , that if they kept not their day , but overslipt it , they were then laid open , and exposed to the law , and must fall under as full an obligation to the repairs of the mother-church , as if that decree had never been . at which pass ( i take it ) the matter now stands , and so is like to do , unless any default of payment chance to alter it . passing now from reculver ; the next to this of all the kentish roman forts , stations , or garrisons , was rutupium ; whereof 1 before so largely and fully in my discourse of the roman port so called , that i scarce know what to add , except ( in observance of 2 mr. burton's double direction , to enquire in such cases for a hilly situation , and for that note and badge of what had been a roman fortress , chester ) to note first , that richborough ( where i have placed this fort ) hath an high an eminent situation , i. e. upon an hill , whereof the present name from good antiquity enjoyed , taketh notice , richberge , ratisburge and richborough ; the latter part whereof betokeneth an hill , whether natural , or cast up by hand , as probably this was ; all the ground on each hand of the place for a good distance , being low , plain , and part of a great level , void of all advantage for a specula or watch-tower , a place of prospect . next , ( or what is secondly observable ) that it participated with reculver in the composition of the name , as ending heretofore in chester , being ( as venerable bede acquaints us ) vulgarly called , ( and not corruptly , by his favour , if we apply it to the fort , not to the port ) reptacester . this is all i thought to have spoken of this fort ; but since i wrote this , meeting with a 1 relation of leland's concerning the face and state of the place in the 30th . year of henry the eighth , i cannot but impart it ; and the rather because i find some confirmation from it concerning the quondam existence of a parish church within the walls of it , as i have 2 hinted in my discourse of the port. the site of the old town or castle ( says leland ) is wonderful fair upon a hill , the walls which remain there yet be in compass about almost as much as the tower of london ; they have been very high , thick , strong , and well embattled ; the matter of them is flint , marvellous and long bricks , both whole and red , of the british fashion : the cement was made of the sea and small pebble . there is great likelyhood that the goodly hill about the castle and especially toward sandwich , hath been well inhabited , corn grows there in marvellous plenty ; and in going to plough , there hath been time out of mind , and now is , found more antiquities of roman mony , than in any place else of england . having taken leave of rutupium , richborough ; our next remove is to dubris or dover : where although we find a castle , and such a castle too as 1 of old was called , and both at home and abroad accounted the lock and key , the barr and sparr of all england ; yet i cannot believe it ( the present castle i mean ) either of iulius caesar's building , whose time of stay in britain was too short for so vast an undertaking , or to be that wherein about the time of theodosius the younger , the praepositus militum tungricanorum , that band or company of the tungricans , in the western empire's book of notices , is said to lye in garrison . and yet i doubt not but such a company lay there ingarrison'd , and that the place was then fortified , and had within it a specula or watch-tower also , from whence to 1 espie out and descry invaders . and where else to seek or place it than within the confines of that large and spatious round of the present castle-wall , i know not . wherefore being upon the place , and casting a diligent eye about me , whilst i give the go by to that castle within the castle , that noble and goodly pile there called the kings-keep , with the wall or fore-fence surrounding it ; i rather chuse to think , that which at present is , and for many ages past hath been the church or chappel to the castle , either to have risen out of the ruines of that roman fortress , or that at least the square tower in the middle thereof , between the body and the chancel , fitted with holes on all parts for speculation , to have been the very roman specula or watch-tower : at the same time with twine , conceiving that which at this day they call the divel's drop , a mouldring ruinous heap of masonry , on the opposite hill , on the other side of the town , to be the remains of a roman pharos , a structure of their's intended for the placing of night-lights to secure their passage ( otherwise very perilous ) who should put into port by night . why i chuse to single out the church or chappel , and balk the keep or dungeon , my reasons are first , that whilst i can discover no jot of roman or british tile or brick about the keep or main castle , i can discern a great abundance of it about that tower shooting up in the middle of that church or chappel ; and that after the romans were gone , the christians of succeeding times , projecting and designing the accommodation of the garrison with a church or chappel , did make use of and take the advantage of that specula , and added to it those parts , whereof the rest of the chappel now consists . next ( and that others may not wonder at my questioning the roman antiquity of the castle in general ) they may take notice with me , that ( as i have it from 1 very good authority ) king henry the 2d . it was , that about the year of christ 1153. first erected that pile , the kings-keep , or ( as the french men term a strong tower or platform , as this is , on the middle of a castle or fort , wherein the besieged make their last efforts of defence when the rest is forced ) dungeon , and gave it that inclosure of a wall , bulwarks , and towers , wherewith we now find it fortified , and hence happily it is called the king's-keep . i have no more to say of dubris or dover , as to the garrison . our next flight therefore is to folkstone , a place to which , how eminently soever situate , none of the roman forts or garrisons remembred in the book of notices is , or ( for ought i know ) ought to be referr'd . yet what saith 1 mr. camden of it , it was a flourishing place in times past , as may appear by the pieces of roman coin and british bricks dayly there found . probable it is ( so he adds ) that it was one of those towns and holds , which , in the reign of theodosius the younger , the romans placed to keep off the saxons , &c. and if so , castle-hill a place in folkflone , whereof notice taken by mr. lambard and others , might probably be the place of that turret's situation . the name folkstone ( i confess ) can pretend to no such antiquity , being purely of a saxon extraction and composure , signifying ( as mr. lambard , 1 among other conjectures at the etymology , has it ) lapis populi in latine . the mention whereof calls to my remembrance that place's name in 2 ninius ( so famous both for vortimer's designed monument , and for the last of his notable encounters with the saxons , and their defeat ) lapis tituli , which by the common consent of our both antiquaries and historians , can no where else be found but at stonar in thanet : à lapide illo stonar nomen retinet , in thanato insulâ non procul a rhutupino portu , 3 saith one ; an author ( i confess ) of very high regard , and with none more than my self ; but in this ( i perceive ) led as the rest , chiefly by the allusion and seeming agreement or resemblance of one place● name with the other , that of lapis tituli in the latine and stonar in the english sounding not much unlike . but ninius , the author of that story , however he makes mention of lapis tituli as the place of vortimer's last battel with the invading saxons , and their overthrow there , yet he lays it not in thanet , nor gives it other description than this , that it lyes by or upon the shore of the french sea ; in campo juxta lapidem tituli qui est super ripam gallici maris , &c. those are his words . probably had this fight been in thanet , 1 as some of his former were , and stonar in thanet the place where the battel was fought , the author , who mentions those former like encounters in thanet , would not have gone to a new description of the place in this unwonted new expression , without mention made of thanet at all . i confess likewise that vortimer might give commandment for his burial , and monument to be erected for him at that place of the battel , upon such an account , ( like to that of 1 scipio africanus ) as our stories deliver , namely , to repress hereby the furious outrages of the saxons , and for their further terrour ; that in beholding this his trophy , their spirits might be daunted at the remembrance of their ●reat overthrow : this ( i say ) he might , and happily did command to be done at lapis tituli . but stay we here , for the text goes no further , no stonar , no entrance into thanet mentioned of ninius ; that 's of a much later stamp , nothing but the conjectural comment of some 2 afterscholiast . besides , stonar being a low and flat level apt to inundations , how unfit a place is it for erecting of an eminent and conspicuous monument , visible at a remote distance ; a design that required the advantage of a lofty situation . such indeed there are many upon this coast ; but as in this respect folkstone seated by high rising hills overlooking the sea , ( and thence no doubt of the romans chosen out ( as we see ) as a fitting place for a watch-tower to ken and keep off the invading saxons ) is a far more likely place than stonar ; so in another regard some resemblance , i mean between the names of lapis tituli and lapis populi ( as folkstone you see is turned by mr. lambard ) and as withall in respect of it's 1 situation by the shore of the gallic ocean , i should pitch upon folkstone before any place i know upon this our kentish sea-coast , for the very place of ninius his lapis tituli ; but that i am loath to be 2 the first , who but by supposition only , much less suspicion , should charge upon the historian such a mistake as that of lapis tituli for lapis populi . however , to refute and refell that argument drawn from the name of stonar , as derivative from a stone , i am to acquaint you , that in the first and most ancient deeds that i have met with concerning stonar , it is written thus , estanore , and sometimes estanores . so for instance in a charter of the conqueror's to st. augustine's abby , whereto it belonged . ego willemus rex anglor . &c. sciatis quod ego volo & praecipio , ut sanctus augustinus & abbas wido firmiter & honorificè teneat omnes rectitudines suas & consuetudines ad estanores tam in aquâ quam in terrâ , &c. so again in a following charter of his son and immediate successor , william rufus ; wherein it twice occurs by the name of estanores , and the like ; and not otherwise in many subsequent charters , as of henry the first , king stephen , and king iohn , which i have ready by me ( if occasion be ) to produce . stonar then is but a contraction of estanore , and that in sense and signification , what but the eastern border , shore , or coast ? ( whence that double shore famous , the one for cymene , the other for cerdice's . landing there , are in our elder historians , ethelwerd and florence of worcester , written cerdices oran and cymenes oran . ) which derivation of estanore is so proper , natural , and suitable to the situation , as none that either know or shall enquire after the place , can make the least question of . if any man now ( desirous to abound in his own sense ) acknowledging the ground of this derivation to be sound and good , but not reconciled to the latitude of it , shall incline rather to think , that the place came first to be called estanore , for distinction's sake from another in this country , hard by feversham town , upon the sea-coast , simply called ore , the conjecture is so plausible and reasonable , and withal so consistent with the former derivation , that i shall not contend ; contented rather to concur in the same opinion with him , as to conceive , that that indeed might partly be the cause of the first imposition of the name ; especially since this ore also belonged to st. austin's . but of this enough . advance we now to lim or l●mhill , where , although we find nothing at this day of a port or haven , ( which , 1 as i have shewed , lay elsewhere ) yet want we not sufficient vestigia and remains of a roman fort or garrison . 2 witness stutfall-castle , that large circuit and plat of about ten acres of ground on the side , brow , or descent of the hill , of old inclosed and fortified on all parts with a wall of the roman mode and make , full of british bricks , lying by lanes at set and certain distances , but by the edacity of time at this day here and there quite wasted and gone , elsewhere full of gaps and breaches ; not so much ( it may be ) to be imputed to time and age , as to a seisure of it's materials in after times ( when become useless as to the primitive institution and design ) for building what , with 3 mr. lambard i take it , arose out of the ruines of that fort , lim-church , and that vast and sturdy structure by it , the arch-deacon's castellated mansion . 1 here ( within i mean that roman fortress ) the band or company of turnacenses ( so called of tornacum now turnoy in france ) kept their station under the count or lieutenant of the saxon shore , and by the advantage of that ascent on which it stood , very commodious it was 2 in point of prospect . but from a castle , a garrison , a receptacle , and harbour for men , placed there for the safeguard and defence of the place and the countrey about it , it at length became a receptacle , a fold for cattel , a horse-fold , a place inclosed and set apart for keeping of steeds or stallions , horses and mares for breed , and from thence was and to this day is called ( instead of stodfold as heretofore ) stutfall-castle , a compounded name from the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sometimes written 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ho●● , in barbarous latine , stotarius a steed or stallion , ( as a mare for breed was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 myna ) and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , septum , a fold , close , or inclosure ; as in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. a park , or inclosure for deer . the name of stod-mersh in this county hath thence ( no doubt ) in part it 's origine , being in the signification of it , a marsh set apart and noted for that use . having 1 formerly given you the derivation of lim ( the place of this quondam roman garrison ) as to the name of it ; i shall stay you here no longer , than while i observe that the place is likewise called shipwey , as the whole lath ( formerly and of old called limware leth ) is also now altered in the name of it , and called the lath of shipwey ; a name , i find , of good antiquity and continuance ; witness the mention made of it in bracton , lib. iii. c. 2. and also in fleta lib. ii . c. 55. but with a mistake of shepey there for shipwey . the name 2 seems to be of a meer english original , betokening 3 the way of the ships , the rather perhaps fastned on this place , as by the great advantage of the lofty situation , remarkable for prospect and discovery of naval vessels ( whether inward bound or out ) in their passage through the channel . however for the almost equal distance sake , i take it , which the place bears to the farthest of the cinque-ports on either hand , ( as lying much about mid-way between both ) it was pitch'd upon of old , as for the place of holding pleas relating to the ports , 1 so for the limenarcha , the lord warden's taking of his oath at the entrance into his office. we are at length arrived at the last of the kentish forts or garrisons , anderida or anderidos , where they placed the band of the abulae with their captain ; which i should not unreasonably , methinks , have sought for , as all the rest , ( being designed for espial of sea-rovers at or by the sea-coast ) so many miles within the land , and at that great distance from the sea , as where by the direction of our 2 best antiquaries , we are sent to seek it , namely at or about newenden , upon the banks of the river rother . indeed , if we consider gildas's words , in littore quoque ocea●i ad meridiem , &c. where in reason are we to exspect the garrison in question , but by the sea-side to the south-ward ? among the british cities reckoned up by their historians ( whereof from thence a catalogue in the britan. eccles. primordia cap. 5. ) cair p●rsauel●ott is one ; by which the 1 learned author there , understands pemsey in sussex , of old written penvessell and pevensell , to which ( saith he ) the addition of the british word coit , i. e. wood , doth not ill suit , because ( as he adds ) the county of sussex , in which it lyes , is a woody country . true it is that immanis sylva , that immense and vast wood andred , was not confin'd to kent , but extended it self from the south-part thereof quite through sussex into hampshire . add to this what we have from 2 mr. camden himself concerning pemsey . it hath had ( saith he ) a fair large castle , in the ruinous walls whereof remain great bricks , such as the britains used , which is some argument of the antiquity thereof . so he . all this put together ( a maritime wea●dish situation , with the remains of a castle partly built of british or roman brick ) can it seem unreasonable , that pemsey should be thought the place of the garrison , we have in chafe anderid● ? but if any one do more fancy hastings than pemsey , since it hath the badge of a quondam roman fort or fortress in that addition of chester given it by the saxons , and can ( as 1 mr. camden affirms ) shew the ruines of a great castle upon the hill , besides light-houses to direct sailers in the night time , and was thought fit to be made one of the five ports , i shall not dispute the probability of their conjecture , and choice of hastngs . but if rejecting both these , and all but newenden , the reader cannot think of any other place , the authority of such famous and learned lights and guides as mr. camden and mr. selden especially , ( who have pitch'd upon newenden for the place ) is , i confess , so weighty , that i shall not be unwilling to excuse him from refusing me his company in my travails to that double place in sussex , to seek out this fort. no more then of the place . somewhat now of the name anderida , which still in good part survives in andred , did at least for and through many centuries of years after the romans exit . the britains called it c●id andred , the saxons sometimes simply andred , other while andreds●erg , and andredswald , which latter is now the only syllable left surviving in the place's present name , the weald . in latine it is found of old sometimes called saltus andred , otherwise sylva andred : here saltus communis , there sylva regalis , and the like . 1 mr. lambard discoursing of the place , tells of an opinion which some have maintained , that this weald was a great while together in a manner nothing else but a desert and waste wilderness , not planted with towns , or peopled with men , as the outsides of the shire were ; but stored and stuffed with herds of deer , and droves of hoggs only . and he seems to be of the same opinion himself . for ( 1 saith he ) besides that a man shall read in the histories of canterbury and rochester sundry donations , of which there is mention only of 2 pannage for hoggs in andred , and of no other thing : i think verily that it cannot be shewed out of ancient chronicles , that there is remaining in the weald of kent or sussex any one monument of great antiquity . thus he . for my part , as i embrace the opinion , so i approve of the reasons , especially the former , the mention only in those ancient donations of 2 pannage for hoggs in andred . for numbers of such are found in the evidences and chartularies both at christ-church and elsewhere . doubtless , as in those days the whole weald appertained to none but the king , acknowledging no private lord or proprietor , and thence was usually called syla regalis , so in royal lan●bocs or donations , ( for i find it in no other of that age ) wherein this or that praedium or possession , this or that farm , seat , or mansion out of the weald was given by the king to any person or place , in the nature of what since is termed a mannor or lordship ; it was the usual custom ( for the better completing of the feat ) to accommodate it by an additional grant in the deed with a common of pannage , a liberty for hogg-keeping or hogg-feeding in the weald , yet not at large , but with a limitation usually , and with reference to such and such a part of it , one or more den or dens , in their term , i. e. a woody valley , or place yeilding both covert and feeding for cattel , especially swine . and fearce any ancient grant is there in either the church of canterbury's st. augustine's , or rochester's registers of any considerable portion of land from the king out of the weald , without the addition and attendance of such a liberty ; for example in those of aldington , charing , liminge , westgate , reculver , ickham , chartham , godmersham , brook , mersham , westwell , great and little chart , hollingbourn , eastry , newington by sittingbourn , trottesclyve , bromley , darent . and denbera for the most part , sometime wealdbera , was the usual word and expression , by which such a liberty did pass and was conveyed . for an instance or two . in king offa's grant of ickham to christ-church , anno. 971. — et in saltu qui dicitur andred pascua porcorum in his locis , dunwalingden , sandhyrst , &c. in another like grant of his of brasfield to st. austin's — et ad pascendum porcos & pecora & jumenta in sylvâ regali , &c. in the gift of lenham to the same place by kenewilf king of mercia , and cuthred king of kent , anno 804. — ● xiii denbe●enbe on anoneb , so the saxon , which 1 the chronicler of the place turns xiii . dennas glandes portantes . in a grant of land about the river limen to minster-abby in thanet by ethelbert the son of king withred , with his father's consent . — pascua porcorum in limen-weraweald & in wy-wera-weald , &c. these were parcels it seems , ( like as burg-weraweald elsewhere occurring also was ) of the weald , where the men of these three laths , since called shipwey , scray , and st. austine , were more peculiarly accommodated with the liberty of pannage . in the grant of mersham to christ-church by king ethelred — haec sunt pascua porcorum quae nostrâ linguâ saxonicâ denbera nominamus , h. e. elfrethingden , herbedingden , pafringden , wirheringden , bleccingden , &c. in the grant of bromley by king ethelred to the church of rochester , — & utilitatem sylvarum ad ●andem terram pertinentem in andred , &c. in that of trottesclyve to the same church by king offa — ad hanc quoque terram pertinent in diversis locis porcorum pastus , i. e. wealdbera , ubi dicitur hobenspyc , &c. in another of his of deorwent , now called darent , to the same church — adjectis denberis in communi saltu , &c. in an old custom of newington-mannor by sittingbourn , — septem dennas in sylva quae vocatur wald. from hence ( i take it ) there results much support to that opinion of the weald's quondam desart-like unpeopled condition , quoted by mr. lambard : and hence i likewise gather that in those days it was not parcelled , carved , or canton'd out into mannois ; nor indeed was it so , as i believe , a long time after ; doomsday-book , i take it , giving no account of any one entire independant mannor there . yet can i not agree with 1 mr. lambard in his opinion , that the weald of old yielded no quit-rents , customs , or services , as other places ; in regard i find the contrary very often . and no marvel ; for albeit there were of old no mannors in the weald , yet the lands lying there ( when once cultivated and manured ) being appendant to and depending on mannors elsewhere , the tenants in respect of and proportion to their holdings and tenancies ▪ might be and were lyable to the lord of the mannor , whereof they held for services and customs , as other tenants elsewhere . for besides fealty , suit of court , reliefs , &c. these ( among other local customs and services heretofore obtaining there ) do frequently occur . 1 gavelswine ▪ which was a custom so called when pay'd in kind , but if redeemed with money , then called swine-mony , swine-peny , and was for the lord's leave and sufferance of his tenant to keep and feed swine of his own , or to take in other men's to feed within his land . 2 scot-ale ; which was a shot or contribution from the tenants for a provision of ale to entertain the lord , or his bayliff or beadle , holding a parock or meeting on the place , to take an account of his pannage , ( what it yeilded ) at the proper season for it . in the extent of the mannor of terring in sussex , anno 5. edw. the first , under the title of lewes : memor , quod praedicti tenentes debent de consuetudine inter ●os , facere scotalium de 16d . ob . ita quod de singulis 6d . detur 1d . ●b . ad potandum cum bedello dni . archiepiscopi ; super praedictum feodum . pannage ; pessona , ( as they latin'd it ) and it was the emolument arising from the pannage of hoggs , there feeding and fatting with the mast of the place , whereof tithe was in those days usually payd ; many old accounts , as of aldington , chari●● , and other mannors taking notice of so much money received by the accomptant for pannage in waldis , deductâ decimâ particularly , one , at charing sans date , thus expresseth it : et de lxxi● . 1d . de pannagio de la rye hirst , & 7. dennarum vendito , deductâ decimâ . et pr●terea rector habet xi porcos in pessonâ 7 dennarum , quietas de pannagio . gate-peny ; it was a tribute for the liberty of one or more gates for the tenants ingress and egress to and from his own , by the lord's land . sumer-●us-silver : whereof in the old custumal of newington by sittingbourn , — homines quoque de walda debent unam domum ●estival●m quod anglice dicitur sumerhus , aut xx solidos dare . if seems it was the custom of such as were lords or proprietors of these dens or parcels of the weald , to repair thither in summer-time to take care and dispose of their pannage , ( in such years at least as it had taken ) and for their reception and accommodation some kind of house or habitation was to be provided for them by their tenants , or a recompence made them in money for it . corredy : it was ( like that of our dean and chapter 's entertainment at this day ) a provision of dyet for the lord 's coming upon that occasion ; whereof in the old custumal of i●kham-mannor thus , in reference to one or more of those dens . — et in quolibet anno debet invenire corredium & omnia necessaria domino , cum venerit videre pessonam , vel famulo ejus . danger : an accompt-roll of charing-mannor , anno 1230. thus●explains it . — et de xxvis . viiid . de waldis , ut possint arare & seminare tempore pessonis sin● dampno archiepiscopi . by this and the like passages it appears , that the wealdish tenant might not plough or sow his land in pannage-time without the lord's leave ( whence it was otherwise termed 1 lef-silver ) for fear of endamaging the lord in his pannage ; or if he did , he was liable to recompence . add hereunto , that the auditors of the prior and covent of christ-church's accompts of their mannors in the articles by which of old their accompts were taken , were charged with the two last and the third of these services under these heads : de courediis in waldis . de dangeriis in waldis . de pannagio in drovedennis in waldis . the dens it seems , set out for the agistment and feeding of hoggs and other droves of cattel , being thence called drove-denns , as he that had the custody and driving of them to and fro ( as there was occasion ) the hog-heard , or neat-heard , drof-mannus . the weald then ( 't is plain ) like as other places yeilded customs and services , ( as at present ) from good antiquity , whereof if these particulars be not evidence enough , i shall in a way of supplement offer what i suppose will put it out of all dispute . in edw. the third and richard the second 's time the then arch-bishop of canterbury , and the prior and covent of christ-church respectively , amongst ( i suppose ) other like lords and owners of the wealdish dens , finding themselves agrieved by their tenants there , and others in the wasting and making havock of their woods , which in and by former feoffments they had expresly reserved from their tenants to themselves , ( over and besides fealty , suit of court , and certain other services and customs ) to quit and rid themselves of further care and trouble in that matter of the wood , entred into composition with their tenants , and for a new annual rent of assise ( generally equal to what money was pay'd before ) made the wood over to them by indenture of feoffment in perpetuity , either to be cut down or left standing at the tenant's choice ; reserving still their old or wonted rent , and all their former services , except ( what upon parting with the wood was unreasonable to require ) pannage and danger . ever since which time ( i conceive ) the interest of the lord so compounding hath been taken off , as to the wood it self , and nothing left remaining but so much rent of assise , the new and the old , with the former services . many of these compositions relating to the arch-bishop and monks aforesaid i have seen , and for satisfaction 's sake of others , who would be willing to know more than vulgarly of the weald , i shall for a close of all present them with a 1 copy of one of each sort . a catalogue of the lord-wardens of the cinque-ports . 1 godwinus . * edw. conf. 2 haroldus . * edw. conf. 3 bertram ashburnham * k. harold . 4 odo * will. 1. 5 john de fiennes will. 1. 6 james de fiennes 7 john de fiennes 8 walkelinus de magninot steph. 9 richard earl of ewe * steph. 10 eustace , earl of bollougne * steph. 11 allen de fiennes * henr. 2. 12 james de fiennes † henr. 2. 13 hugh de essex * henr. 2. 14 matthew de clere rich. 1. 15 william de wrotham iohn 16 hubert de burgo iohn 17 peter de rivallis * 18 richard le greie henry 3. 19 bertram de criol henry 3. 20 hugh bigot henry 3. 21 henry de braybrook henry 3. 22 prince edward , afterwards edward the first . henry 3. 23 henry de montefort † edw. 1. 24 roger leyborn edw. 1. 25 stephen de penchester edw. 1. 26 sir robert a●hton † edw. 1. 27 simon de crey † edw. 1. 28 robert de burghersh * edw. 1. 29 henry cobham * edw. 2. 30 robert de kendal * edw. 2. 31 bartholomew badlesmer * edw. 2. 32 edmund de woodstock edw. 2. 33 hugh le spencer edw. 2. 34 william clinton * edw. 2. 35 reginald cobham † edw. 3. 36 bartholomew l d. burghersh edw. 3. 37 roger de mortimer * edw. 3. 38 john le beauchamp edw. 3. 39 robert herle edw. 3. 40 sir ralph spigornel edw. 3. 41 richard de penbrig * edw. 3. 42 william l d. latimer * edw. 3. 43 edmund plantagenet * edw. 3. 44 edm. earl of cambrige edw. 3. 45 sir robert ashton * rich. 2. 46 simon burleigh rich. 2. 47 henry le cobham † rich. 2. 48 sir john denros , ( alias devereux , de euros , & de evers ) rich. 2. 49 1 john de beaumont rich. 2. 50 2 edmund duke of aumerle and york rich. 2. 51 sir tho. erpingham henry 4. 52 henry , afterwards henry 5. henry 4. 53 john beaufort * henry 4. 54 tho. earl of arundel henry 5. 55 hump. duke of glocester henry 6. 56 sir james fiennes l d. say henry 6. 57 edm. duke of somerset † henry 6. 58 humphrey stafford duke of buckingham henry 6. 59 simon montfort † 60 richard nevill edw. 4. 61 will. earl of arundel edw. 4. 62 richard duke of glocester , afterwards rich. the third edw. 5. 63 henry d. of buckingham * rich. 3. 64 will. earl of arundel * henry 7. 65 sir william scot † henry 7. 66 sir james fiennes lord say henr. 7. 67 henry , afterwards henry 8. henr. 7. 68 arthur plantagenet henry 8. 69 sir edward poynings henry 8. 70 henry earl of richmond henry 8. 71 sir edward guildford henry 8. 72 george boleyn , viscount rochfort henry 8. 73 sir thomas cheyney edw. 6. 74 sir william brook eliz. 75 henry brook , lord cobham eliz. 76 henry howard , earl of northhampton iames 1. 77 edw. zouch , lord haringworth iames 1. 78 george villiers , duke of buckingham iames 1. 79 theophilus howard , earl of suffolk car. 1. 80 james duke of lenox and richmond car. 1. 81 james d. of york , afterwards king james the second car. 2. 82 henry l d sydney , viscount shepey , the present lord-warden . will. 3. the index of things remarkable . a abulae , where plac'd . page 103 allowesbridge falsly so call'd for alolvesbridge . 52 all●saints in thanet , a chappel of ease under reculver . p. 85. upon what account exempted from the repairs of the mother-church . 86 alolvesbridge from whence deriv'd . 52 anderida not at newenden p. 103. it s several names . 106 andred , of what extent . 104 appledore , how far distant from the mouth of limene , p. 52. first mention of it , p. 64. it 's several names . ibid. derivation 65. never a haven . 67 b bartholomew's hospital at sandwich by whom founded . 19 becket ( archbishop ) why in his escape took shipping at romney . 54 bishop's-wike , the situation of it . 54 from whence deriv'd . 54 bolen the portus iccius of the ancients , 8 distance between that and rutupi●in . ibid. b rightwald made arch-bishop . 81 c calice begun to be a port. 34 canterbury and not dover , the old dorobernia . 31 cerdices-ora , why so call'd . 99 a channel formerly between romney and oxney . 54 chester , what it signifies in names of places . 78 chesters , what . 79 corredy , what . 114 cymenes-ora , why so call'd . 99 d danger , what . 114 dens in the weald , what . 108 the form of grants made of them . ibid. dorobernia falsly put to signifie dover . 31 dowerdwy in wales , what it signifies . 30 drove-dens , what . 115 drof-mannus , what . ibid. dungeon , what it signifies among the french. 92 dubris , dover . it 's derivation . 30 how call'd by the saxons . 31 falsly call'd dorobernia . ibid. when came to be a port. 33 pictaviensis's description of it . 30 the castle there of what great importance . 90 not built by iulius caesar. ibid. whereabouts the place of the garrison was . ibid. dyffrin-cluyd in denbigshire , why so call'd . 30 e emma's ( queen ) life written by an unknown author . 16 expeditio what . 79 f folkstone , probably noue of the roman garrisons . 93 from whence deriv'd . 94 the likest place for ninius's lapis tituli . 97 forstallatio , what . 47 fosterland , what . 19 forts , the number of the roman ones in kent . 76 with what design built . 77 g gate-peny , what . 113 gavelswine , what . 112 gebind aeles , what . 73 gilford , from whence deriv'd . 69 goodwyn-sands . what commonly thought to have been . 21 the common opinion of an island , and earl goodwyn's possession confuted . ibid. derivation of the name . 23 the name not british . 24 cause of goodwyn-sands . ibid. grants formerly much shorter than at present . 71 h hamtun-port , signified formerly northampton . 2 hastings possibly the roman anderida . 105 hearn , a chappel of ease under reculver . 85 hoth , a chappel of ease under reculver . 85 hustingi pondus , what . 74 hythe , not the lemanis of the romans . 37 what seems to make that a probable conjecture . 37 i iccius , v. portus iccius . inundations , 26 , 45 , 57 , 58 , 59 , 68. itinerary , it 's author uncertain . 1 distances in it not regular . 38 julius caesar's attempt for landing . 34 k king's keep at dover , not the old roman garison . 91 l limenarcha , where he took his oath . 103 lamport , the same with the roman lemanis . 47 two lang ports formerly . 48 lamport belong'd to the arch-bishop . 53 lapis appositus in ultimo terrae , what call'd at this day . 51 a lath , what . 19 laths in kent alter'd . 65 lemanis ; it 's several names . 37 situation . ibid. derivation . 39 the same with doomsday-book's lamport . 47 falsly call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 38 leta , from whence deriv'd . 20 limene-river . 40 , 41 otherwise call'd rother . ibid. and romney . 43 emptyed it self at romney . 44 when turn'd another way . 48 , & 56 had a wide mouth . 50 lim-hill not the lemanis of the romans . 37 a roman garison . 100 limware , who the people formerly so call'd . 62 limware-leth and limware-b●st , what call'd now . 62 , 65 , 102 lomea , goodwyn-sands so call'd by twine . 21 , 23 london-city never call'd lunden-wic . 10 so call'd in the saxon chr●nicle . 9 it 's derivation . 13 londoners priviledge in stonar or estanore . 14 lunden-wic another name for sandwich . 9 lyd formerly border'd on the sea . 50 m s. martin's oratory formerly a parish-church in romney . 53 merse-ware in kent , who . 61 call'd likewise limware . 62 n newenden not the place of anderida . 103 new-romney v. romney . why so call'd 38 s. nicholas in thanet , a chappel of ease under reculver . 85 upon what account exempted from the repairs of the mother-church . 86 northampton call'd anciently hamtun-port . 2 o old romney v. romney . oxney falsly call'd oxenel . 62 p pannage , what . 112 pevensey falsly call'd pevensel . 62 probably the place of the roman anderida . 104 formerly call'd caer pensauelcoit . ibid. peutingerian tables . 2 places how named in the saxon times . 66 plough-yards , what . 82 polder , what . 65 port in saxon what it signifies . 2 ports ( roman ) three in kent . 2 porthund in shropshire , it 's derivation . 2 portus iccius at bolen . 8 distance between that and rutupium . ibid. a treatise concerning it in manuscript , written by somner . 8 portreve , what . 10 promhill drowned . 45 r ree-wall , why so call'd . 52 reculver by what names call'd . 79 whence deriv'd . 80 when made a monastery . 81 when granted to christ-church . ibid. leland's description of it . 82 dignity of the church and rector . 84 regulbium , call'd at this day reculver . 77 whereabouts the fort was placed . 80 falsly call'd by twine reculsum . 77 from what deriv'd . 80 richborough not rutupium the port. 4 the seat of a roman garison . ibid. never a city . 5 , 87. for what reason some believ'd there had been a city . 5 it once had a chappel . 6 from whence deriv'd . 17 it 's more ancient names . 87 leland's description of it . 89 robertsbridge falsly so call'd . 40 romans , when went out of britain . 18 romney ( new ) the lemanis of the romans . 38 how stop'd up . 39 when depriv'd of the river . 48 , 56 falsly call'd rumenal . 62 first mention of the name . ibid. derivation . ibid. romney-river . 43 where emptyed it self . 44 rother otherwise call'd limene . 40 formerly ran to new-romney . 44 when chang'd it's course . 45 by some call'd appledore-water . 48 what way it ran afterwards . 69 rotherfield in sussex falsly so call'd . 40 rutupium , it 's various names . 2 the same with sandwich . 4 why , and when call'd lunden-wic . 9 , 18 when begun to be call'd sandwich . 15 , 19 from whence deriv'd . 16 when the port decay'd . 33 rye , why so call'd . 50 , 69 s sandwich the rutupium of the ancients . 4 afterwards call'd lunden-wic . 9 why so call'd . 13 when this name of sandwich began . 15 the most famous of all the ports . 16 , 18 from whence deriv'd . 17 account of it in doomsday-book . 19 scot-ale , what . 112 scrud-land , what . 19 shipway from whence deriv'd . 102 shipway-lath , formerly call'd limewarebest and limwareleth . 62 , 65 , 102 stick anguillarum what . 73 stillingfleet's confirmation of somners opinion about stonar . 97 stodmersh , from whence deriv'd . 102 stone-end in kent , what call'd formerly . 57 stonar in thanet not ninius's lapis tituli . 94 place where vortimer probably gave orders for his burial . 96 from whence deriv'd . 98 stutfal-castle , a garison in the roman times . 100 sulinge what , 50 , 82 from whence deriv'd . 101 summa , what . 54 sumerhus-silver , what . t t. e r. what they signifie in doomsday-book . 20 thong-castle , why so call'd . 71 trentals , what . 7 turnacensian band , where they kept their station . 101 w watchtowers ( roman ) five in kent . 5 , 76. with what design built . 77 weald in kent , what call'd formerly . 106 not inhabited formerly . 107 belong'd immediately to the king. ibid. not cut out into distinct mannors . 110 pay'd quit-rents . 111 when and how the wood of it was made over to the tenant . west-hythe , not the lemanis of the romans . 37 winchelsey , why so call'd . 69 falsly call'd by twine windchelseum . 69 wingham , once a college of secular monks . 6 by whom made so . ibid. witsand , when first a port. 33 when disus'd . 34 how call'd in the saxon. 8 first mention of it . 33 z zealand , part of it drown'd . 26 the index of authors quoted or amended . aethelstani leges . p. 10. alfredus beverlacensis . p. 4. ammianus marcellinus . p. 2 , 9 , 43. annales saxonici , edit . oxon. citat . p. 2 , 8 , 9 , 11 , 25 , 31 , 33 , 41 , 45 , 46 , 51 , 64 , 81. antonini itinerarium . p. 1 , 2 , 3 , 8 , 37. emendat . p. 38. b beda p. 2 , 5 , 18 , 76 , 81. emendat . p. 88. bracton p. 102. brompton p. 47. burton p. 1 , 37 , 38 , 78 , 80 , 87. emendat . p. 3 , 5 , 17. c caesaris comment . p. 34. camdenus p. 4 , 16 , 18 , 35 , 38 , 44 , 58 , 78 , 79 , 93 , 96 , 100 , 101. emendat . p. 8 , 5 , 37. cantuariensis ecclesiae chartae originales passin . p. casaubonus ( meric ) p. 8. cluverii italia p. 1. charter of romney-marsh . p. 69. d doomsday-book p. 19 , 22 , 37 , 47 , 62 , 63 , 65 , 82. dugdale's history of imbanking . p. 70. monasticon anglicanum p. 81 , 92. e edwardi filii alfredi , leges . p. 10. s. emmae vita p. 16. ethelwerdus p. 64 , 99. emendat . p. 61. f fleta emendat . p. 102. florentius wigorniensis p. 2 , 64 , 66 , 99. g gildas p. 5 , 76 , 90 , 97 , 101. giraldus cambrensis , p. 30. guicciardini comment . de rebus memorabilibus p. 82. h harpsfield p. 8. heylin's cosmography p. 26. hickesii grammatica saxonica p. 49. holinshead p. 31. hovedenus p. 31. 63. huntingdon p. 45 , 31. i ingulphus p. 22 , 35. k kilburn's history of kent . p ▪ 19 , 65. kiliani lexicon p. 65. knighton p. 32 , 89. l laeti descriptio belgii p. 27. lambard's perambulation p. 3 , 16 , 21 , 23 , 30 , 40 , 45 , 54 , 59 , 65 , 80 , 93 , 94 , 100 , 103 , 106. emendat . p. 3 , 5 , 21 , 37 , 48 , 66 , 94 , 111. leland p. 3 , 40 , 82 , 88. emendat . p. 3. 5. 37. m malmsburiensis ( willelm . ) p. 31. marianus scotus p. 31. marliani topographia p. 63. matth. paris p. 57. matth. westmonast . p. 3 , 4 , 7 , 57. milton emendat . p. 31. n notitia imperii p. 1 , 2 , 37 , 76 , 77. nennius p. 94 , 95 , 96. o ordinalia marisci p. 69. ordericus vitalis p. 46. orosius p. 2. p pancirollus v. notitia imperii p. paris v. matth. paris . peutingerianae tab. p. 2. 37. philpot's villare cantianum p. 82. 88. pictaviensis p. 32 , 35 , 46. emendat . p. 32 , 46. s seldeni ianus anglorum p. 71. schotti itinerarium p. 1. simeon dunelmensis p. 30. somneri glossarium p. 13 , 49 , 74. dictionarium saxonicum p. 14. antiquities of canterbury p. 41. gavel-kind p. 96. 112. speed p. 31. spelmanni glossarium p. 7 , 11 , 20 , 54 , 55 , 73. concilia p. 64. t talbot p. 102. tacitus p. 2. textus roffensis p. 10. thorn p. 14 , 15 , 109. twine p. 3 , 21 , 23 , 91. emendat . 3 , 21 , 62 , 60 , 77. v vossius de historicis graecis & latinis p 1. usserii primordia p. 104. emendat . p. 94. w willibaldus p. 12. 13. finis . notes, typically marginal, from the original text notes for div a60898-e710 1 pref. antiq. canterb. 4●o . 1640. 2 ib. 3 ib. 1 casaub. de ling. saxon. p. 141. 2 hist. croyland . contin . p. 502. 3 hist & antiq oxon. p. 158. b. 1 antiq. canterb. pref. 2 de rebus albionicis , &c. lond. 1590. 8 vo . 3 somner antiq. cant. pref. 4 wood athen. oxon. tom. 2. pag. 577. 1 antiq. cant. ep. ded. 1 antiq. cant. ep. ded. 1 pref. diet. saxon. 2 ib. 1 antiq. cant. pref. 2 antiq. canter . pag. 6. 3 ib. p. 22. 1 ib. pag. 144. 2 ib. pag. 46 3 ib pag. 156 &c. 4 ib. pag. 3. 5 append. & antiq. canterb. pag. 476. 1 ib pag. 510 1 pref. to antiq. cant. 2 ib. p. 287. 3 ib. p. 288. 4 ib. p. 225. 5 ib. p. 223. 1 ib. p. 250. 2 ib. p. 5. 10. 3 ib. p. 5● . 1 breviat of archbishop laud. p. ●7 . 1 woods athen. oxon. vol. 1. p. 67. 1 monast. ang. tom. 1. inter p. 18. & 19. 1 casaub. de ling. saxon. p. 141. 2 burton on anton. iti . p. 175 , 176. 3 survey of kent 4 ●● . p. 300. 1 villare cantian . p. 93. 2 will dugd. history of st. paul's london , 1658. fol. 3 history of the church of peterb . by symon gunton , publisht by symon patrick d. d. lond. 1686 fol. 4 monument . westmon . by henry keep , lond. 1683. svo . 5 by richard izaac esq lond. 1681. 8vo . 1 by iohn trussel , ms. athen. oxon. tom. 1. p. 380. 2 by sir tho. brown. 3 tenison's preface to brown's miscellan . 4 publisht by i. davis of kidwelly , london 1672. 120. 5 by robert hegge fellow of c.c.c. oxon. 6 london 1663. 8vo . 7 t. tanner of queens coll. oxon. 1 tractat. de ling. saxon. p. 140. 1 somneri diction . saxon. ep. ded. 2 mon. angl. tom. 1. p. 89. 3 histor. ingulphi p. 62. sub an . 1043. 1 ib. p. 71. sub . an . 1066. 2 ib. p. 85. 3 ib. p. 98. sub an . 1091. 4 mat. par. sub an . 1 h. wharton auctar. histor. dogmat. p. 388. 2 de re diplomat . p. 52. 1 gervas . tilbur . de otiis imper. ms. in bib. bod. 2 rob. holcot lect. 2. super sapient . 3 pulton stat. 36. edward 3 ▪ p. 119. 1 ingulphi histor. p. 98. 2 camden britan. in danmon . 1 evangel . goth. & saxon. 1665. 2 chron. saxon. ab edm. gibson , oxon. 1 diction . saxon. praef. 2 casaub. de ling. saxon. p. 140. 1 hickesii gram. saxon. praef. 2 silas taylor history of gavelkind . pref. 4●0 . 1663. 1 somner● glossarium ad x. script . passim . 2 casaub. de ling. sax. p. 141. 1 antiq. canterb. append. p. 105. 1 saxon. diction . sub voce ●bban●une . 1 annales saxonum ms. sub an . 892. 1 stilling fleet orig. britan. ch . 5. p. 322. 2 villare cantianum . p. 14. fol. an. 1664. 1 athen. oxon. vol. 1. p. 102. & vol. 2 p. 719. 2 philosoph . transact . for march , &c. 1691. 1 wood athen. oxon. vol. 1. p. 67. 2 gul. camd. vita à t. smith . stp . p. 45. 1 epist. of arch-bishop usher . p. 496. 2 athen. oxon. vol. 1. p. 516. 3 r. dodsworth ms vol. 38. fol. 39. 1 woods athen. oxon. vol. 2. p. 484. 2 life of sir. m. hale by dr. burnet . 3 athen. oxon. vol. 2. p. 465. 4 ib. vol. 1. p. 275. 5 ib. vol. 1. p. 731. 1 treatise of gavelkind , pref. 1 treat . of gavelkind , append. p. 216. 1 casaub. de ling. sax. p. 142. 2 not a adverb . lips. app●nd . ad casaub. de ling. sax. p. 16. 3 gloss. ad x. script . in vocibus feodum , allodium , &c. 1 du-fresne gloss. lat. in vocibus gavelkind , gavel-man , &c. 1 treatise of gavelkind , p. 170. 2 britan. in danmoniis . 1 lambardi epistola ad archaionom . 2 somneri pr●fat . ad saxon. dict. 3 iunii catal. lib ad evang goth. 1 aelfredi vita p. 66. 2 e. gibson praef. 3 casaub. de 〈◊〉 saxon. p. 142. 1 hickesii praesat . ad gram. saxon. 1 hick●●● praefat. ad . gra● saxon. 2 c●●s . comment . l. 4 1 notitia galliarum in v●c . iccius portus . 2 dissertatio 28. in not is ad vitam l. ludovici . 3 lex . geog. 4 philosoph . transact . march 1691. 1 m. casaub. de ling. saxon. p. 141. 2 pref. to treat . of gavelkind . 3 twisdenus lectori x. script . 1 amanuensis lectori x. script . 1 hickesii praefat . ad gram. saxon. 1 praef. ad dict. saxon. 1 append. ad sax gram. p. 171. 1 m. casaub. de ling. s●x p. 142. 1 praef. ad lector . sax. dict. 2 abr. wheelock praef . ad ector . edit bedae . 1 somneri epist. ded. ad saxon. diction . 2 wheeloci praefat. edit . bedae . 1 cave histor. literar . p. 588. 2 whartoni dissertatio de duobus aelfricis . 3 praef ad sax. dict. sect . 17. 4 ib. 5 skynner etymol ▪ in voce bleak . 1 histor literar . p. 588 , 590. 2 auctar. hist. dogmat. ● usher p. 377. 1 vogleri introduct . univers . p. 68. 2 morhofii polyhist . p. 83. 1 baudrand praef . ad geog. au. 1682. 2 io. alb. fabri decas decadum , num . 78. 3 gul. samsonius disquis . geog. epist. ded. & praef. 1683. 1 life of the author , pref. gen. hist. of the world . 1 editoris praef. ad glossarium . 1687. 2 wood. athen. oxon. vol. 2. fasti. 1 hickesit praef. ad gram. sax. 1 skinneri etymol . praef . ad lectorem . 1 hickesi● catal. lib. append . gram. sax. p. 147. 1 saxon. diction . in vo●e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 1 supplem . to hist. of cls. of peterb . p. 334 , 337. 2 h. whattoni praefat . ad . aug. sat. tom. 1. p. 35. 3 dugd. view of troub . p. 557. 1 pref. treat . gavel-kind . 1 ca●al . append. sax dict. 1 pref. to gavel-kind . 1 treat . of gavelkind . p. 63 , &c. 2 caesar's comment . 1. 6. 3 lambards perambulat . p. 11. 1 1. antiq. cant. p. 94. 1 england described by edw. leigh . p. 108. 1 1. ep. ded. antiq. canterb. 1 troubles of the foreign churches in kent . 4 to . 2 pref. council . tom. 1. 3 athen. oxon. tom. 2. p. 230. 4 f. jun. de pictura veterum , praef. 4 to . 1 ep. ded. psalter . lat. sax. 4 to . 1 antiq. of cant. p. 274 , 275. 2 abr. wheeloci epist. ded bedae , 1644. 3 ib. 4 ib. 1 versio & notae ad evang. pers. 1652. 2 somneri praef . sax. dict. 3 ib. 4 somneri epist. ded. sax. dict. 1 sax. dict. praef. 2 ib. append. 3 treat . of gavelkind p. 171. 4 sax. dict. append. 5 twisdeni epist. ad lect. x. script . 1 treat . of gavelkind . p. 171. & sax. dict in 〈◊〉 enajcian . 1 dugdales pref. to warwickshire illustrated . 2 sax. dict. in voce 〈◊〉 . 3 roger dodsworth collect . vol. 55. f. 86. 4 ●b . vol. 59. f. 161. 5 ib. vol. 17. f. 81. 1 burton comment . ●n an●on i●●m . p. 185. ib. p. 176. 1 ib. p. 180. 2 stillingf . orig. britan. chap. 2. p. 63. 3 jo. marshami 〈…〉 to●● . 1. 4 sa● . dict. 〈◊〉 . 1 ib. 2 ib. 3 sax. dict. in voce tima , &c. 4 in mus●o ashmol●ano . 1 fuller's worthies of england , p. 100. 2 treat . of gavelkind . 3 ms. letter of mr. somner , 12. october 1664. 1 pref. to treat . of gavel-kind . & sax. dict. ad lecter . 2 ib. 3 sax. dict. in initio . notes for div a60898-e17810 1 vossius de historicis latinis , in the life of livy , mentioning the itinerary , says sen antonii , for anto●●ii , seu aethici ; and afterwards speaking of that which anuius ●iterbiensis publish'd , he calls it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and antoninus supposititius . vide de hac re philippi cluverii italiam . andreae schotti praefationem ad itinerarii editionem colonicnsem , as● . 1609. burton upon the itinerary , p. 5. rutupium . 1 first publish'd by marcus velserus ; and so call'd , because they were found out in the library of conrade peutinger , a noble man of auspurg . 2 hist. eccl. l. 1. c. 1. 3 the saxon word po●● does not only signifie portus , but also urbs , oppidum . so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is us'd in the saxon-annals , an. 1010. to signifie the town of northamton : and porthund , near shrewsbury , where althelm was treacherously slain , is interpreted by floren●ius wigorniensis oppidum canis . the situation of rutupium . 1 he is commonly call'd matthew westminster , and florilegus , the writer of the flores historiarum . 2 of the same opinion is burton , in his comment upon the itinerary p. 20. which makes me wonder why he should say afterwards p. 94. that the iter secundum began near upon the mouth of ituna , and had it's ending in the east of the island at ru●upiae , or richburrow , now call'd sandwich in kent . i cannot tell why he should confound richburrow and sandwich , unless it be upon an opinion he and caniden had , that the old haven at richburrow being stopt up with sand , open'd a new one at sandwich ; which made the first call it the old haven , and sandwich the new town , risen out of the ruines of rutupiae : the second , the rutupiae of the romans , prolem suam paulo inferius ostendit , quam à sabulo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dixerunt saxones , nos vero sandwich . so that richburrow and sandwich , ( if that opinion of their's be true ) may seem to be the same port , which had only a little chang'd it's place . sandwich formerly call'd rutupium . 1 gildae historia p. 12. sect. 16. edit . oxon. 2 hist. eccl. l. 1. c. 12. 3 leland , camden , burton , and lambard , are all of that mind ; grounding no doubt upon venerable bede's words , civitas quae dicitur ruthubi portus ● hist. eccl. l. 1. c. 1. ) for first certainly concluding that this was no other but our present richborough , they might very well on course settle there an ancient city . so that if bede's ruthubi should be at sandwich , their city must necessarily be remov'd . beda civitatis nomine insignivit , says camden . and ; in dejectu collis urbs exporrecta videbatur . what he offers ( besides bede's authority ) as a confirmation of this , namely , the platearum tractus cùm seges succreverit se intersecantes , i think mr. somner ( who veiw'd the place very curiously ) sufficiently answers . never a city at richborough . richborough chappel . 1 iohn peckham chang'd the pa●i●h-church of wingham into a collegiate church , about the year of our lord , 1282. when demolish'd . 1 the trentals was one of the offices for the dead , so call'd because it consisted of thirty masses ; fetch'd from the italick trenta , i.e. triginta . ●ee sir henry spelman's glossary upon the the word . 2 matt. westm. cap. 28. in rutupi portu , qui modo sandwicum dicitur , cum prosperitate applicuit . 1 the historian does not here expresly refer this attempt of landing to sandwich , but barely says , that as vespasian came into the haven ( in rutipi portu , without any mention of sanwich ) arviragus surpris'd him and oblig'd him to retire . 2 hist. p. 634. 〈◊〉 prov'd to be sandwich from the distance between that and gessoriacum . 3 meric . causabou , in his treatise de vetere lingua saxonica , tells us that mr. somner writ an accurate tract de portu iccio ; which is still in manuscript . 4 in the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . so william rusus coming from france into england , is said to have took shipping at 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and landed at dover . chron. sax. an. 1095. 1 lib. 20. 2 and yet in the saxon chronicle ad an. 604. it is expresly said that aethelbert made mellitus bishop of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is certainly london and not sandwich ; and this reading is confirm'd by all the 5 mss saving that cotton's reads it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . rutupium call'd by the saxons 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 the same term frequently occurrs in the old laws . and not only the term , but also a law much of the same nature with this , we meet with in the laws of edward , son to k. alfred , whereby 't is order'd ut nemo barganniet extra portum , sed habeat portireve testimonium , vel alterius non mendacis hominis cut possit credi and of k. athelstan : ne quis aliquid emat extra portum supra xx . d. sed in eo barganniet sub testimonio portireve , &c. the word signifies the supervisor of a port , for the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( from which the termination reve is melted ) signifies praefectus , praeses , praepositus . of this word , see spelman's glossary in the word grafio ; and the general rules at the end of the saxon chronicle , under the termination grave . 1 i think this does not necessarily follow from the form of the law. for tho' sandwich was , no doubt , a very eminent port , yet the fore-cited laws of edward and athelstan plainly shew that the same law was made for all ports in general ; and therefore the words of this cannot give it any peculiar preeminence . 2 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cla●us and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 gubernar● . see the general rules for the names of men at the end of the saxon chronicle . 1 willibaldus de vita s. bonifacii , p. 354. edit . ingolstad . cum aliis quibusdam tract . an. 1603. 1 vita bonifacii p. 358. edit . ingolstad . sandwich why called lundenwic . 2 he there derives it from the british llawn , plenus , frequens , and dyn , homo , of din ( the same with dinas ) urbs , civitas ; either of which joyn'd with llawn will signifie a populous place , as london has always been . particular interest of the londoners in stonor . 1 falsly written for estanore , as mr. somner in this discourse plainly shews , under the title folkstone . the first mention of sandwich . 1 thorn's evidenti● ecclesi● christi cant. inter x s●●iptore● p. 2●25 . l. 21. 1 his name is not known ; but he is suppos'd to have been some monk , that liv'd about that time . the tract is call'd emmae reginae encomium , edit . paris . 1619. the etymon of rutupium . 1 ●ut burton in his comment upon the itinerary , p 24. dislikes it : but that anciently ( says he ) rutupiae should be from thence ( that is , from the st●re of sands cast up from the goodwyn upon this shore ) so call'd , when it was an harbour for the roman navies , i would fain have some body to satisfie me therein how it might be ; except they then had some foresight of what in after ages would come to pass . so he . however ( by his leave ) i do not see that camden's conjecture is so absurd as he would make it . or all that camden urges the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for , is to show that the sands upon that coast were as old at least as the saxons , and infers from thence , that 't is not improbable but the state of those parts under the britains might be the same , and consequently give occasion to the name rutupiae . 2 i should rather derive it from the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the islandick hriggur dorsum , to denote the high situation ; so that richborough may signifie a burrow or castle upon a hill . 1 if it's name refers to richborough ( as i cannot see what else it should relate to ) our author seems to be incoherent with himself . for a little before he is angry with leland , lambard , &c. for placing rutupium at richborough ; and yet if richborough was otherwise call'd reptacester ( as he here intimates ) rutupium must be there too ▪ for bede puts them at the same place ; ruthubi portus , qui portus à gente anglorum nunc corruptè reptacester vocatur , hist. eccl. 1. 1. c. 1. rutupium a famous port in the romans time . 2 their going off was about the year 418. 3 pag. 9. when it chang'd it's name . 1 so mr. kilburn ( says somner ) but i am otherwise inform'd by a● historian of edw. 2's time , who saith it was founded at the common charge of the towns-men . 2 the land allotted for the cloathing of monks is call'd in the ancient records scrud-land , from the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , vestis ; as that for maintenance in victuals is call'd foster-land . 3 the leth or lath is a larger sort of divisions in counties , containing so many hundreds . i think there is no doubt but it comes from the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , congregare , convocare , from convening the inhabitants within such a jurisdiction . the leta ( the court ) seems to have the same original ; tho' spelman doubts of it . vide glossar . ejus in voce leta . 1 i. e. tempore edwardi regis . this is generally observ'd in doomsday-book ; in the description of e●ch place , to set down the state of it , number of inhabitants , &c. as it stood in the days of edward the confessor . 2 this grant is not extant either in saxon or latin in somner's original ms. goodwyn sands . 1 comment . de rebus albionicis p. 27. 2 perambulation p. 105. 3 lambard adds , or the beginning of henry the first . never an island . 1 comment . de re●us albionicis p. 27. 4 as lambard lays down for an undoubted truth , and without more adoe derives thence the name of the place . and twine ; lomea verò , quae aliquando fuit godwini comitis ditio , ejus nominis hodie arenae vel syrtes dicuntur . antiquit. albion . p. 24. 1 commonly call'd dooms-day-book ; a specimen whereof the eminent dr. gal● has given us in his first volume of historians , p. 759. as also a differtation upon it , p. 795. 1 twine , lambard , and others . original of the name of goodwyn-sands . 2 de lomea verò , vel ( ut nunc est ) godwinianis syrtibus . twine comment . de rebus albion . &c. p. 27. 1 the saxon lam signifies limus , dirt , clay . why it cannot be of a british original . 1 earl goodwyn dy'd in the year of our lord 1053. chron. sax. cause of goodwyn-sands . inundations in the time of king henry 1. 1 heylin cosmogr . p. 231. 1 lambard says about carlisle . 2 laët , descriptio belgii p. 124. 1 comment de rebus memorabilibus in europa , in belgio maximè . these inundations the cause of goodwyn-sands . dubris . it 's derivation . 1 dover ( says lambard ) call'd diversly in latine doris , durus , doveria and dubris ; in , saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ all seem to be drawn from the british word dufir water , or dufirrha high or steep , the situation being upon a high rock ove the water , which serveth to either . 1 as also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 2 doomsday-book calls it dovere , huntingdon donere and doure . sim. dunelm . dovere . hovd : dowere : 3 speed , holi●sheed and milton , ( out of a mistake either of the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or else led into it by those who translated it out of the saxon ) place tho scene of this action at canterbury . dover falsly call'd dorobernia . 4 what makes it yet more clear , are the circumstances of that expedition deliver'd by the saxon chronicle , ad as. 104● . it tells us that after he had deliver'd his message to the king , he came east-ward to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i.e. canterbury ; where he with his men , dining , afterwards 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i.e. went forwards to dover . when dover came to be a haven . 1 non multo post deinde intersticio temporis , doroberniam venit aluredus , transvectus ex portu iccio , &c. gesta guil. ducis , in initio . witsand when first a port. 1 i believe the first mention of it is auno 1095. where ( as was before observ'd ) william rufus is said to have taken shipping there . chron. sax. dover the place where caesar intended to la●d . 1 comment . lib. iv . c. 5. 1 mr. camden says of dover ; oppidum quod inter cautes considet , ubi portus ipse olim fuit , cum mate se insinuaret , ut ex anchoris & navium tabulis colligitur . 2 there is no more extant in the original ms of mr. somner , but i suppose it is the same account that dr. gale ( hist. vol. 1. p. 759. ) has given us of dover out of dooms-day-book ; to whom i refer the reader . 1 the original quotes pictaviensis no further ; but because what follows is very material to this account of dover , take the whole together : situm est id castellum [ dovera ] in rupe mari contigua , quae naturaliter acvta undique ad hoc ferramentis incisa , in speciem mari directissima altitudine , qu●ntum sagittae joctus permetiri potest , consurgit , quo in latere ●ndamarina alluitur . lemanis it's names and situation . 1 in antoni●us some read limenis , as well as lemanis , says burton in his comment upon the itinerary , p. 193. 2 i think lime or limne is the place generally pitch'd upon by our english writers , grounding , no doubt , principally upon the agreement in sound between the old and the new name . what they say of hithe and west-hithe is , that the former began to flourish upon the stopping up of the latter , and the first rise of west-hithe , was the decay of limne or lime , which they suppose to have been the ancient haven . so leland ; who is followed by camden and lambard . 3 if hythe were of greater antiquity than is generally suppos'd , it might probably be the ancient roman port ; for the present name being deriv'd from the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 portus , would exactly answer the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , from whence lemanis is suppos'd to be deduc'd . new-romney the lemanis of the ancients . 1 camden and burton are of opinion that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is no part of the ancient name , but foisted in by the librarians : quod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cum apud graecos significativum sit , librarii ut viderentur desectum supplere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 scripserunt , latinique interpretes novum portum ineptè converterunt , &c. so camden ; and much to the same purpose burton in his itinerary p. 193. 1 ever since the time of edw 1. when by the violent rage of the sea , the rother chang'd his course , and so the harbour was stop'd up . see som●er hereafter in his third proposition . 1 it riset● ( says lelend , and after him lambard ) at argas bill in sussex , near to waterdown-forest , and falleth to rotherfield , &c. limene-river . 2 an : 5. edw. 1. ( says somner ) in an extent of the lord arch-bishop's manor of terning in sussex , under the title of borgade maghefeud : martinus le webb-tenet quar●●● 〈◊〉 unius radae apud la limene , & debet quad . ad 〈◊〉 mick . i proposition . that a river there was call'd limene and romney . 1 i think the right name is wihtred . he is always call'd so in our saxon annals , and most of our english historians . 2 in the ancient church-record ( as set down by mr. somner in his antiquities of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i find it thus : eadbriht re●edit ecclesiae christi in darobernia ●●pturam piscium in lamhethe , & alia quaedam ecclesiae de liminge , tempore cuthberhti archiepiscopi . 1 in an original charter he is written werhardus . 1 where the danish army is said to have come on limene 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( canterbury copy reads it limenan 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ccl . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i. e. in limeni ostium , cum ccl . navibus . 2 proposition . that limene and romney river ran out at romney . 1 verùm regnante edw. 1. cum oceanus ventorum violentia exasperatus , hunc tractum operuisset , lateque hominum , pecorum , adificiordmque stragem dedisser ; & promhil viculo frequenti possundato , etiam rother , qui hic prius se in oceanum exe●eravit alveo em●vit , ostiumque obstruxit , novo in more ●ditu compendio per rhiam aperto . camd. britain . 1 about the year 1287. 2 mr. lambard speaks all this of old romney , and expresly tells the reader in the beginning : as touching the latter ( new-romney ) i mind not to speak , having not hitherto found either in record or history any thing pertaining thereunto . 3 this account of goodwy● is very distinctly deliver'd in the saxon ann●ls , from whence ho●y of huntingdon transcrib'd . 1 a full account whereof see in the saxon-annals , ad an. 1052. 2 gesta guil. ducis , p. 204. 3 hist. eccl. lib. 3. an. 1066. romney in dooms-day-book call'd lamport . 1 al. offetane , says somner in the margin of the original ms. 2 otherwise written faristel ; as also forstall , for stallatio . the meaning and definition of it is given us by the history publish'd under the name of brompton , amongst the x scriptores , p. 957. forstal est coactio vel obsistentia in regia strata facta . t is of a saxon original , from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ante , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 contra , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , status ; an intercepting such things as were design'd for the market , before they came to publick sale , with an intent to gain by them . and such a person ( as we learn from a law of edw. 1. ) was look'd upon as patria publicus inimicus ● pauperum depressor . vide spelman . glossar . in voce 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 1 what mr. lambard quotes out of dooms-day-book concerning romney , is this : i● was of the possession of one robert rumney , and 〈◊〉 of odo ( then bishop of baleux , earl of kent , and brother to k. william the conquerour ) i● the which time the same robert had thirteen burgesses , who for their service at the sea were acquitted of all actions and customs of charge , except felony , breach of the peace and forestalling . which account differs from dooms-day-book , 1 in the name of the possessor , which is in dooms-day rome●el . 2 the number of burgesses , in dooms-day 21. 3 the actions and customs of charge ; besides these three , is reckon'd in dooms-day forisfactura , some heinous crimes for which a man forfeited his estate , liberty , life , &c. some will have it deriv'd from foris , and so extend it to nothing but the loss of liberty , or estate , which ( as spelman observes ) by such a crime sibi extra●eum facit . but somner in his glossary derives it from the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and facio ; which is in effect confirm'd by the learned dr. hickes , when he lays down this rule in his saxon-grammar , p. 85. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈…〉 dat composito significationem , quae simplicis significationem pessundat , & in malum sensum vertit . o that forisfacere is nothing but malè , pravè facere . vide spelmanni . & somneri glossar . in hanc vocem . the river limene turn'd from romney another way . the river limene had a wide mouth . 1 otherwise called in our english histories iea●bryht , ianberht , eanbriht , ianbyrht , lanberht , lanbyrht . he was made arch-bishop in 763 and dy'd in 790. 2 from the saxon rulh aratrum , a plough . 1 this lapis appositus in ultimo terrae , is at this day call'd stone-end in the south part of kent . 2 see an account of this in the saxon chronicle , an. 893. 3 the saxon annals tell us , it was longa ab oriente ad occidentem centum & vigin●i milliaria ad minimum , & triginta milliaria lata . romney the place of limene-mouth , from ead●rojt's charter . 1 i think 't is generally call'd pinenden ; it was held an. 1072. 1 the cause whereof see in lambard's perambulation , p. 209. 2 i. e. episcopi vicus ; à pic vicus , sinus , castellum . 3 summa est mensura contineus 8 modios londonienses , says spelman . 't is primarily deriv'd from the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , onus jumen●i sarcinarii ; thence sauma and summa signifie a horse load of any thing , and summarius , saumarius , or somarius denote the carriage-horse , or ( what we now call him ) a sumpter-horse . vide spelmanni glossarium . somneri glossar ▪ ac vossium in voce saginarius . ● proposition . when and how romney●river ceased , and came to be diverted ; and whither . 1 of grants in gavelkind , see somner's treatise upon that subject , publish'd 1660. p. 38. 1 matthew paris thus describes it : in crastino verò beati martini , & per octavas ipsius , vento validissimo , associato tumultu , quasi tonitruo , inundaverurt fluctus maris , metas solitas transeuntes , ita , quod in confinio ipsius maris , & in marisco , ut pote apud wisebiche & locis consimilibus , naviculae , pecora , nec non & hominum maxima periit multitudo . the like account matthew westminster gives of the great devastations caused by the overflowings of the sea and rivers this year . 1 see mr. camder's own words , as quoted in the notes , p. 44. per. 1 perambulation of kent , p. 209. 1 the grant is transcrib'd no farther in mr. somner's original ms. the various names of the inhabitants of the marshes . 1 i think our historians are generally mistaken in this and such like passages . for translating from the saxon , which they did not well understand , and finding there on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. presently concluded that these were certainly the names of the countries , whereas no doubt they are the inhabitants of such places . which as it holds in all , so especially in such as end in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , since the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies incolae , habitatores , &c. but when the saxons mention the name of any country , they express it generally by the genitive case plural of the possessive , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 merciorum terra ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 northymbrorum terra . 1 pag 50. 2 't is certainly a mistake of the press for merscware . 3 as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the greek , so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the saxon signifies palus . 4 vid. supra p. 43. the etymon of romney . 5 quis quaeso hodie credat , magnam partem illius prati seu planiciei , nobis nunc rumnesis marshii , id est , romani maris , nomine dictae , fuisse quondam altum pelagus & mare velivolum . twini comment . de rebus albion . p. 31. 1 amongst whom is mr. lambard , perambulat . p. 208. first mention of appledore . 1 ethelwerd likewise calls it apoldore , florence of worcester apultrea , and king aethelred's charter to the church of canterbury , publish'd by spelman . concil . t. 1. p. 505. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 1 pag. 62. derivation of appledore . 1 appledore , corruptly , from the saxon apul●neo ; in latin maelus , that is , an appletree , says lambard , perambulat . p. 205. 't is probable florence of worcester was of the same opinion , because he writes it apultr●a . 2 the general way of naming places in the saxon times was prefixing the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , apud to the name of some thing remarkable in the place . but the succeeding monks , who translated their records , or else those who publish'd their translations , have bred some confusion in them by joyning the two words , and very often for the easier pronuntiation , leaving out the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ for i believe those who writ annals , did not set down the names of places exactly as they found them in the author from whence they took their matter ; but as they were commonly call'd by the age wherein they liv'd . an argument whereof is this , that the nearer our own age they come , the more we find them melted and contracted . appledore never a haven . 1 pag 45. derivation of g●lford and winchelsey . 1 twine in his comment de rebus albion . p. 25. orroneously imagines that the true name of it is windchelseum ; olim ( so he adds ) vento , frigori , & ponto obnoxium , unde ei nomen obvenit . 2 pag. 55. 1 the originals whereof ( as somner tells us ) are among the records of christ-church canterbury . 2 pag. 87. 3 pag. 435. 4 there was before a specimen of this nature hinted to , pag. 20. but neither of them are set down in the original ms. however , least the reader should be altogether disappointed , i thought fit to give him here out of somner's gavelkind , p. 214. the grant of appledore to christ-church , in saxon and english , which i am confident is the same as he refers to in this place . 1 lib. 2. iani anglorum p. 70. quam facilis & apicibus juris soluta , videre est , domini● fuit translatio , simul & à perplexantium captios● malitiâ , turgescentibusque membranarum fascibus & polyptychis libera . 1 what the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is , sir henry spelman has told us out of the stat. composit . ponderum & mensurarum : binde anguillarum constat ex 10. sticks , & quaelibet stick ex 25. anguillis . 1 somner in his glossary says of the hustingi pondus , that it was statutum pondus commercio inserviens , ipsum scil . standardum ( ut vocaut ) regis , ( quod pondus signat originale & canonicum , ad quod alia pondera ejusdem speciei debent examinari , & cum eo concordare . vide somneri glossar . in voce hustingum . notes for div a60898-e32670 the romans had their forts in kent . 1 the passage here cited is not in the epistle , but in the treatise entitled historia gildae , p. 13. edit . oxon. 1 see the whole passage quoted before , p. 5. regulbium . 2 twine calls it erroneously reculsum . regulbium the same with reculver . 1 et hanc sanè suam antiquitat●m effossis imper●i romani nummis adhuc testatur . camd. britan. 2 comment upon the itinerary , p. 41. 1 that monastery was founded about the year 669. hinc raculf-minster etiam à monasterin dictum fuit , cùm edredus , edmundi senioris frater , ecclesia christi cantuaria ●onaret . camd. 2 the expeditio was an obligation upon the tenant to serve the lord with so many men , horses , &c. in war. 1 which ( as lambard thinks ) is deriv'd from the british word racor , signifying forward , for so ( says he ) it standeth towards the sea whereabouts at reculver the fort was plac'd . 2 burton's comment upon the itinerary pag. 41. 3 lambard 's perambulation , pag. 279. regulbium why call'd raculf-minster . 1 he was made arch-bishop , an 696. dy'd , an. 731. 2 pag. 216. 1 the plough-yard , i take for granted , is the same with plough-land , ( for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in saxon is terra , ) and in many ancient charters , especially belonging to kent , is term'd sulinga , from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , aratrum . it may be desin'd in general , a quantity of ground that one plough could till yearly , but the compass , according to the nature of the ground , and custom of the place , seems to have been different . 2 pag. 424 ▪ where is an original grant of agelnoth's ( made archbishop about the year 1020 ) giving to alfwold and aedred l. agros , belonging to raculf-minster , by the consent givehardi , decani ejusdem ecclesi● . 3 the account is not set down in the original , but in philpott , p. 278. i find this description of the place . dignity of the church and rector of reculver . 1 pag. 354. he there sets down an original paper , entitled revocatio iurisdictionis ecclesiarum exemptarum , da●ed an. 1317. the cause of this revocation , was to advance the dignity of the commissaryship , then erected . rutupium . 1 vide supra pag. 2. & qu● sequuntur . 2 comment upon the itinerary , pag. 41. 1 the description is not quoted in the original ms. but in mr. philpoit's villare cantianum , pag. 53. it is set down as here you see it . 2 vide supra , pag. 6. dubris . 1 that it was look'd upon as a place of very considerable importance , is plain from that passage in knyghton , concerning lewis the 8th . of france . it seems he came over to assist the barons against k. iohn , and sending back an account of his progress , his father demanded of the messengers , ubi filius ejus esset in anglia ? responderunt , ( so the historian goes on ) apud stanfordiam . et ille ; nunquid habet castrum doverni● ; at illi , non. et intulit rex , per brachium sancti iacobi non habet filius me●s unum terr● pedem in anglia , as if all the d●vastations they had made in other parts signified nothing , unless they were possessed of that castle . 1 all the roman towers in those parts were built for the espial of enemies , ad prospectum maris , says gildas ; least they should be surpris'd by foreign invaders . the keep or dungeon not the roman specula . 1 in a short historical account of the foundation of dover● monastery , set down in the monasticon anglicanum , part 2. p. 2. we find this passage : l'an de grace mil cens cinquant● tiers , regna en engle terre henry le fitz maud l' emperice , c●sti fit le haut touren le chastel , & enclost le dongon de nouelx meurs , i.e. in the year of our lord one thousand a hundred and fifty three , reign'd in england henry the son of maud the emperess ; he built the high tower in the castel , and enclos'd the dongeon with a new wall . folkstone . 1 oli● floruisse , romanorum numismata quotidie invent a persuadent — ex illis turribus fuisse probabile est , quas romani ad saxones arcendos ( theodosio juniore regnante ) per intervalla ( ut inquit gildas ) ad meridianam britanniae plagam in littore colloc●arunt . 1 he falsly imagines that it might be anciently written flor●ane , which ( says he ) signifies a rock , coaffe , or flaw of stone , which beginneth here ; for otherwise ( so he goes on ) the cliffe from dover till you come almost hither is of chalke . 2 cap. 46. tertium bellum in campo juxta lapidem tituli , qui est super ripam gallici maris , statutum . — and a little after , ante mortem suam ad familiam suam animadvertit , vt illius sepulchrum in portu ponerent , à quo exirent [ hostes ] super maris ripam . ninius's lapis tituli not stonar in thanet . 3 ●ishop usher , primordia ecclesiae britannicae , cap 12. p. 413. 1 nimnius , cap 45. tells us there were three battels before this , in thanet : eos [ saxonas ] usque ad insulam qu● dicitur thaneth , [ gourtemir ] expulit , ●llosque illi● tribus vicibus conclusit , percuss●● , objedit , comm 〈◊〉 , terruit . 1 quemadmodum scipio africanus , ( says camden in the description of this place ) qui it a sibi sepul●hrum stat●● praecepit , ut 2 〈◊〉 prospectaret , ratus vel hoc etiam paenis terrori futur . ● in the margin of the original ms. mr. somner has added at this place , like that put down by the transcribers , whereof mr. camden , pag. 803. i cannot certainly tell what edition of camden he had , but he seems to refer to that passage about portus lemanis , which camden says ptolemy calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quod cum 〈◊〉 graecos sig 〈◊〉 sit ( so he adds ) librarii ut viderentur defectum supplere , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 scripserunt . 1 a very good argument , if we reflect upon what gildas says about the situation of these castles ; in littore quoque oceani ad meridiem , &c. 2 this opinion is confirm'd by the learned bishop stilling fleet , in his origines britannica , p. 322. why stonar cannot be the lapis tituli . derivation of stonar . lim. 1 pag. 39 , 40 , &c. where he proves the mouth of the river limene , and the ancient port lemanis , to have been at new-romney . 2 castrum , quod in dejectu collis , decem quasi jugera inclusit , moeniúmque reliquiae supersunt britannicis lateribus , silicibus , calceque cum arena & gr●mis intrita , sic compact● , ut nec dum vetustati cesserint . c●md . britan. stutfall-castle . 3 there are moreover britain bricks in the walls of the church and the arch-deacon's house . lambard perambul●t . p. 194. 1 stationem hic sub comite litoris saxonici praepositus numeri t●rnacensium habuit . camd. 2 the same argument that he elsewhere uses , built upon gildas's expression about the design of those towers ; in prospectum maris . derivation of stutfall . 1 pag. 39. lym otherwise call'd shipwey . 2 talbot and lambard are both of the same opinion . derivation of shipwey . 3 ●rom the saxon ●cip navis , and p●● via . 1 guardianus portuum hic solemne iniit jusjurandum , ubi prim●m magistratum iniit , & hic de causis inter portuum incolas , statis diebus cognoscit . camd. anderida , where situated . 2 mr. lambard ; with camden and selden , the famous and learned lights and guides , as mr. somner afterwards terms them . anderida probably either at pemsey , or hastings . 1 arch-bishop usher , after he has in that place express'd his dislike of camden 's opinion , who places it at ivelc●ester , adds ; mi●i tamen ninii ●ensauelcoit , guilielmi pictaviensis , orderici vitalis , & guilielmi gemeticensis penvessellum potiùs fuisse videatur ▪ q●ae pemseia hodiè dicta , primo guilielmi normauni in angliam appulsu celebris est . cui & b●itannici vocabuli coit adjectio non malè convenit : quum sylvestribus sepibus de●sa fuerit , in qud hac sita est , sussexiensis regio . 2 these are not mr. camden's words , but mr. holland's , who translating camden into english , did ( as that curious antiquary mr. wood hath observ'd ) scatter several of his own additions in many places . and this i the rather believe , because i find mr. somner's quotations word for word in holland's english , whereas it is not to be found in any latin edition of camden , especially that in 1607. which i take to be the last that was publish'd in his life time . 1 this , as that in p. 104. is not camden's , but holland's interpolation . the several names of anderida . the weald . 1 perambulat . p. 224. 1 ●erambulat . p. 224. 2 what pannage was see hereafter among the catalogue of quit-rents pay'd out of the weald . 2 what pannage was see hereafter among the catalogue of quit-rents pay'd out of the weald . donations of tho weald . in the weald so many distinct dens . 1 thorn , inter x. scriptores , p. 1776. the weald formerly unpeopled 1 mr. lambard grounds his opinion very rationally upon this foundation , that among the accounts of the reditus de walda , he had never seen any sort of services express'd , for which they pay'd their rents ; whereas in the accounts of all the tenants without the weald , there is express mention made for what special , cause the same rent grew payable . from whence he infers that those payments ( differing from others both in quantity and quality ) could not be quit-rents for any service , as the rest were . quit-rents pay'd out of the weald . 1 of gavel-swine see more in somner's gavelkind , p. 23. 2 it was otherwise called bere-gaefel and drin●-elan . see somner's gavelkind , p. 29. 1 the custom is confirm'd and explain'd by an old custumal of tenham mannor ( quoted by mr. somner , gavelkynd pag. 27. ) which calls it lyef-yeld : tenentes in waldis non possunt arare ●erras suas ab equinoctio autumpnali usque festum beati martini ●ine licenti● ▪ et ideo reddunt ann●●atim dimidiam marca● ad sestum s. martini , sive fuerit pessona , sive nou & vocatur lyef-yeld . the wood of the weald made over to the tenant . 1 there is not a copy of these compositions in mr. somner's manuscript ; and where the originals are , i know not . notes for div a60898-e40060 * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. † omitted by thynn , and supply'd out of lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. † omitted by thynn , and supply'd out of lambard and philpot. † omitted by thynn , and supply'd out of lambard and philpot. † omitted by thynn , and supply'd out of lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. † omitted by thynn , and supply'd out of lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. † omitted by thynn , and supply'd out of lambard and philpot. 1 lambard has it sir thomas . 2 philpot and lambard call him edward . * mention'd by thynn , but omitted by lambard and philpot. † omitted by thynn , and supply'd out of lambard and philpot. † omitted by thynn , and supply'd out of lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. * mention'd by thynn , but omitted by lambard and philpot. † omitted by thynn , and supply'd out of lambard and philpot. a treatise of gavelkind, both name and thing. shewing the true etymologie and derivation of the one, the nature, antiquity, and original of the other. with sundry emergent observations, both pleasant and profitable to be known of kentish-men and others, especially such as are studious, either of the ancient custome, or the common law of this kingdome. by (a well-willer to both) william somner. somner, william, 1598-1669. 1659 approx. 444 kb of xml-encoded text transcribed from 119 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a93553 wing s4668 thomason e1005_1 estc r207857 99866884 99866884 119172 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a93553) transcribed from: (early english books online ; image set 119172) images scanned from microfilm: (thomason tracts ; 149:e1005[1]) a treatise of gavelkind, both name and thing. shewing the true etymologie and derivation of the one, the nature, antiquity, and original of the other. with sundry emergent observations, both pleasant and profitable to be known of kentish-men and others, especially such as are studious, either of the ancient custome, or the common law of this kingdome. by (a well-willer to both) william somner. somner, william, 1598-1669. [16], 216, [8] p. printed by r. and w. leybourn for the authour, and are to be sold by john crooke at the ship, and daniel white at the seven stars in st. pauls church-yard, london : 1660. the first leaf is blank. in this issue, preliminaries include: "the preface", the last page having 4 lines of text; the verso contains postscript. annotation on thomason copy: "nouemb: 1st 1659"; "1659. nouember"; the imprint date has been crossed out. reproduction of the original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng land tenure -england -kent -early works to 1800. feudal law -england -kent -early works to 1800. gavelkind -early works to 1800. kent (england) -history -early works to 1800. 2007-03 tcp assigned for keying and markup 2007-04 apex covantage keyed and coded from proquest page images 2007-05 john latta sampled and proofread 2007-05 john latta text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a treatise of gavelkind , both name and thing . shewing the true etymologie and derivation of the one , the nature , antiquity , and original of the other . with sundry emergent observations , both pleasant and profitable to be known of kentish-men and others , especially such as are studious , either of the ancient custome , or the common law of this kingdome . by ( a well-willer to both ) william somner . virg. 2. georg. foelix qui potuit rerum cognoscere causas . cranz . lib. 2. metrop . 9. nemo sibi blandiatur de auctoritate veterum , quibus etsi fabulae displicuerunt , non tamen habebant unde falsitatem earum coarguere possent . sed nostrâ aetate crebrescentibus literarum monumentis , inexcusabilis torpor est in fabulis scientes , prudentesque permanere . london , printed by r. and w. leybourn , for the authour , and are to be sold by john crooke at the ship , and daniel white at the seven stars in st. pauls church-yard . 1666. the preface . courteous reader , it is now full eighteen years since , by solemne promise , i became ingaged to my countrey-men , upon their good acceptance of certain of my labours , in behalf of our city , wherewith i then presented them , to proceed to the same , or some other such like undertaking for the county ; a thing , which as i then really intended , so have i not since wanted that encouragement for it from the better sort ( expressed by their courteous acceptation of those my former labours ) which i could expect . but being soon after ( proh dolor ! ) overtaken by that impetuous storm ( of civil war ) not yet quite blown over , causing the distraction , and threatening the destruction of this once renowned kingdome , i was necessitated to betake my self to other thoughts , chiefly how i might secure my self against the fury , in warding off the danger , of the present storm ; being not able , i confesse , to reach to that high pitch of sedulity and magnanimity , both in this kind to which the grecian socrates is said to have atteined , whose thoughts were ever running on his book ; insomuch , as but the very next night before he was to suffer death , ( regardlesse of his so neer approaching danger , able to indispose the mind , discourage the industry , and shake the constancie of any common spirit ) he was desirous to learn musick , because ( saith the story ) he would die still learning somewhat . being therefore thus diverted , and utterly for the time discomposed for the performance of my promise , i hope not onely to be excused of my country-men for ( what had not else been hitherto delayed ) my county-undertaking , but also to obtein of them yet further respit , in hope of a better opportunity , for the discharge of that debt . for my more easie purchasing whereof at their hands , and that they and others may perceive , that i have not been altogether idle all this while ; pitching in my thoughts upon our kentish custome of gavelkynd , and being not unfurnished of matter in the progresse of my studies gleaned and gathered from old records , enabling me , with the help of that little skill i have atteined in the saxon tongue ( to the study whereof i was encouraged by my precious friend and ever-honoured mecoenas , dr. casaubon , as is elswhere by himself truly averred ) to some more than vulgar discourse thereof ; as a specimen and earnest of my further intentions for the county , i betook my self at spare hours to the perusal , resolving on the publication , of those collected notes and notions , disposing them so , that as they have to satisfaction informed me in the points proposed , so they may be of like use to others , willing to bestow their pains , and lay aside all prejudice in the perusal of them . kent , i considered , had been far and neer long celebrated for her gavelkynd , though not so known either at home or abroad , whether in point of etymologie , or properties , ( that especially of partition , rendring it so incomparably famous throughout the kingdome ) as truth would . to wipe off therefore that dust of errour , which time especially ( that parent of corruption ) hath contracted to it , i have in the present discourse laboured chiefly to assert w●…t i conceive to be the true sence and de●…vation of the term , for the understanding of the a name ; whence the properties , that especially here instanced , do proceed , for the better judging of the nature of it , according to that end propounded to my self in all my researches , which is to know things , not so much in their present as primitive state , more in their causes than effects ▪ tun● enim ( saith the ( b ) philosopher ) unum quodque scire arbitramur , cum ejus cau●as & principia cognoscimus . by the processe and prosecution of the argument , having a fair and pertinent inducement , if not to treat , yet at least to touch upon , and ●●k● notice , as of the saxons bo●land and folcland , so of the feudists fe●d●m and allodium , ( a pair of vocables , the l●tter , that have long and much perplexed many prime mens fancies to disq●i●● and find out their true and proper deriva●ion● , to the occasion of great varieties in the point , each man abounding in his own , and that , for the most part , a different and singular sence ) i thought it not amisse to make one in the number of such etymologists , and although with singularity , i confesse , and dissent from all the rest , yet perhaps so much to the purpose ( absit jactantia dictis ! ) as , if not to hit the mark , yet at least to come so neer it as few before have done . alike singular , as both here , and before in the derivation of gavelkynd , so afterwards i may be found in that of socage , yet i trust with so much truth , and that so fully evidenced , as will serve , i hope , to render me with the sober and ingenuous , worthy , if not of thanks , yet of excuse and pardon , if they differ in opinion from me . here also ( good reader ) be advertised , that whereas , by occasion of our discourse in the third proposition , concerning the partition-property in gavelkynd , i had obiter , or incidently , made some mention of the writ , de rationabili parte bonorum , sometime ( by means of that partition mentioned in the old kentish custumal ) obteining , and now again ( if the endeavours of some may take effect ) reviving in this county ; it came afterwards into my mind to think it would not be impertinent to the present discourse , somewhat further to enlarge in that particular : that by enquiry made into the antiquity , and tracing the progresse of the partition intended by this writ from its first birth until its full growth , we might be the better able to give judgment , & make the more probable conjecture of the present validity or invalidity thereof . my discoveries therefore being made and communicated to some judicious friends , not without their acceptation and my encouragement for publication , i have adventured to add them at the end of that third proposition , pag. 91. as for my thwarting the common opinion , concerning our composition with the norman conquerour , and the consequents of it , i offer no apologie here , as having already made it in the proper place , and that , i also trust , so fully , as i may well expect to be excused of it here . in sum , loving truth ( the end of all science ) for it self , and altogether unbyassed with any by-respects , whether of vain glory , singularity , or the like , i have made it my constant endeavour in what is here proposed and published , that truth alone ( than which saith the philosopher , nothing is sweeter , nothing more precious ) might triumph over falshood , antiquity over novelty . if hereby i have done either of them any right , or any friends any pleasure , as the chiefest reward i expect for all , i shall desire that such a measure of respect may be vouchsafed , as to those old records from whence the chief materials in this structure have been taken , so to that ancient learning which hath contributed fitting tools wherewith to work the same materials , and fit them for that use , as may secure and rescue both ( uncapable of other recompence ) from that scorn , neglect and contempt in the dayes of so much novelty so freely cast upon them , since by falling into some hands , so good an improvement may be made of them for the publike . i may perchance ( at first sight , at least ) be thought too bold with the common lawyers , too busie in their common-wealth , too much medling in matters of their peculiar science ; yet no otherwise , i hope , than that they and their friends may be willing to excuse me . i am one that honour their profession , and have here done or said nothing out of opposition ; my intent being onely in my way to do them service , and their profession right , by holding forth to publike view some antiquities tending at once to the satisfaction of the one , and illustration of the other . for which purpose i have by me some other things in a readinesse for the publike , and which shall not ( god willing ) much longer be retarded , in case these my present endeavours ( as my past have done ) meet with any proportionable encouragement , and the times permit , by the continuance of our counties peace , ( peace , i say , that mother of arts : ) which with an enlargement and establishment of that blessing throughout the three kingdomes , is a chief subject ( courteous reader ) in the daily devotions of thine humble servant , william somner . the postscript . the reader is here further to be advertised , that both this preface and the following treatise were first written more than twelve years agone , have lien by the authour ever since , and had not now come forth , but upon the encouragement of some worthy and judicious friends . if therefore any thimg ( whether for language or otherwise ) in either the one or the other , seem improper , uncouth , or unsuitable to the present times , his patience and pardon is humbly craved and expected . to expedite such ( in their perusal of this work ) as are ignorant , but studious , of the saxon language , the authour ( although he have but lately set forth a saxon dictionary ) hath thought it very fit here to prefix the saxon alphabet and abbreviations . a b c d e f g h i k l m n o p q r s t u w x y z. a b c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 k l m n o p q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 x y z. th th that and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 errata . pag. 4. lin . 21. and customary . lin . 22. yeelded it . p. 18. l. 8. bians . p. 21. l. 1. after consuetudo . l. 18. snave . l. 27. shorham . p. 24. l. 18. oale-gavel . p. 25. l. 2. clyve . l. 16. chartham . p. 26. l. 20. of it in that composition . p. 27. l. 5. rents and services . p. 29. l. 7. find it in . l. 28. to the tenant , better . l. 31. fremfeld . p. 30. l. 27. not alienable . p. 31. l. 21. gam●lle●um . l. 25. hervicus . p. 34. l. 10. rather say . l. 14. ma●am . l. 18. firmam . l. 20. construe . p. 36. l. 2. counties . p. 37. l. 9. the which word . p. 38. l. 18. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. 27. of former times . p. 39. l. 13. herlewinum . p. 55. l. 21. of times . p. 58. l. 14. aequ ▪ valentem . p. 72. l. 4. reteined . p. 83. l. ult . construe it thus . p. 96. l. 2. salvo . p. 117. l. 4. drofmannus . p. 119. l. 8. demesne . p. 123. l. 6. those and succeeding . p. 142. in marg . l. 1. ff . si ag . p. 162. l. 24. and as it is . p. 175. l. 1. priori . ibid. in marg . burgor . apud scotos . some literal and such like other smaller faults there are , besides mis-pointings : which being as easily amended as observed , are therefore here pretermitted . gavelkynd . among the many singularities of kent , that of so much note , both at home and abroad , commonly called gavelkynd , may seem to bear away the bell from all the rest , as being indeed a property of that eminent singularity in the kentishmens possessions , so generally in a manner , from great antiquity , over-spreading that county , as england at this day cannot shew her fellow in that particular ; yet so unhappy the whilest are both kentish-men and others , in the right understanding both of name and thing , that although it be the daily subject of every mans discourse , even of all professions , yet remains it hitherto , both in the one respect and in the other , so obscure , and in so much want of further illustration to make it known , as if never yet by any seriously considered of . purposing therefore to contribute my best assistance towards a right and full discovery ; in order thereunto , and for my more methodical proceding , i shall branch out my discourse into these five following heads or propositions : viz. 1. the true etymologie and derivation of the name , including a plain confutation of that which is commonly received . 2. the nature of gavelkynd ▪ land in point of partition . 3. the antiquity of gavelkynd ▪ custome , in point especially of partition , and why more general in kent than elswhere . 4. whether gavelkynd be properly a tenure , or a custome ; and if a custome , whether inherent in the land or not . 5. whether before the statute of wills ( 32 and 34 hen. 8. ) gavelkynd ▪ land in kent were deviseable , or not . proposition i. the true etymologie and derivation of the name , including a plain confutation of that which is commonly received . to begin with the first : ( the true etymologie and derivation of the name , &c. ) by the common and received opinion of these dayes , obvious and easie to be found , both in the writings and discourses of kentish-men and others , this custome ( as commonly called ) owes its name and original to the nature of the land in point of descent . to consult ( for instance ) a few of the multitude of printed opinions looking that way , collected from the most eminent of our modern and late writers , as well antiquaries as lawyers , and intending to steer a retrograde course in this re-search , i shall begin with one of the latest , sir edward coke , who in his notes , or illustrations upon littleton , tit . villenage , sect. 210. verb. en gavelkinde , glosseth the text thus : gave all kynd : for ( saith he ) this custome giveth to all the sons alike . not long before him , another learned knight and famous antiquary , taking the word to expound in his glossary of antiquated words , saith , that it is termed gavelkynd , either , quasi debitum vel tributum soboli , pueris , generi , i. e. as it were of right belonging and given ( intimated in the two first syllables , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : ) to the issue , children , or kynd , ( signified by the last , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : ) or else secondly ( saith he ) from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. given to all the next in kindred . verstegan ( to ascend in our g●adation one step higher ) c●nsureth the word of corruption , saying , that it is corruptly termed gavelkynd , for give all kynd , which after him is as much to say , as , give each child his part . from whom mr. cambden differs as little in time , as in opinion , when he saith it is called gavelkynd , that is , saith he , give all kynne . before all these , mr. lambard , ( the first that undertook the etymologie , and whom , beside the former , * judge dodderidge , * dr. cowell , the authour of the new terms of law , and many more , longo agmine , a●e known to follow ) in his explication of saxon words prefixed to his archaion , verb. terra ex scripto , is clear for the derivation of the word from the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : credo ( saith he ) ut terra illa gavelkyn , quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , idest , omnibus cognatione proximis data , dicatur . but afterwards , ( as if upon second thoughts altered in his opinion ) he coupleth this derivation with a second , and so at length is found to share his opinion of the words original between two conjectures , grounded both upon the nature of the land ; the one in point of descent , the other of rent and services . in reference to the former of which , he saith , that , therefore the land was called either gavelkyn , in meaning , give all kyn , because it was given to all the next in one line of kinred ; or , give all kynd , that is , to all the male children : for kind ( saith he ) in dutch signifieth yet a male child . and in relation to the latter , he saith , that , it is well known , that as knights-service land required the presence of the tenant in warfare , and battell abroad : so this land ( being of socage tenure ) commanded his attendance at the plough , and other the lords affairs of husbandry at home : the one by manhood defending the lords life and person , the other by industry maintaining with rent , corn and victual his estate and family . this rent ( as there he adds ) ni a customary payment of works , the saxons called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and thereof ( as i think ) they named the land that yeeldod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is to say , land letten for rent , or of the kind to yeild rent , &c. the authour ( i confesse ) modestly leaves it free to the reader to receive either of these conjectures , or to refuse both , as it shall best like him : but the former of the two , being primâ facie , of a more plausible sound and allusion than the other , ( an advantage very considerable with most men , whose guidance notwithstanding is not alwayes to be followed : ) and that having gotten the start of her fellow in time , hath not fail'd to keep it ever since , having proved the more acceptable of the twain , and by this time found so many followers , and those , like the first authour , of so great credit , as that whosoever shall contradict the one , or dispute the other , can do neither without exceeding prejudice ; so difficult a lesson it is with some to unlearn , a whose minds are as hardly weaned from an opinion which their fancie hath once approved , as others are from an habit or a custome , which if inveterate and long ▪ setled , though ▪ corrupt and vicious , is very hardly left off , and laid aside . yet , as the common law b determines of a custome , that if the rise , the original thereof can so be traced , as it can appear that it first began within time of memory , it is no custome , nor shall obtain or prevail as a custome ; so in case , by tracing the present derivation to the well-head , i shall shew , together with the time , the errour of its first original , not to be salv'd by long tract of time , ( for , quod ab initio non valuit , tractu temporis non convalescit : ) i trust i shall not fail , nor fall short of what mine endeavours drive at in this matter ; the weaning ( i mean ) of sober and judicious minds from an opinion so erroneous and ungrounded as this , i doubt not , upon trial , shall appear to be , though thus long continued , and in it self specious and plausible enough . however , being convinced in mine own judgement of the errour , that i may not seem to swallow it for company , to the prejudice of truth , for that ( i say ) if for no other reason , i have resolved to protest against it : and yet , not to seem singularly affected without a cause , i shall not do it by a bare denial or dissent , as he that thought it sufficient for bellarmines confutation to give him the lie , but by representing withall my inducements thereunto , i hope to put the matter out of doubt , that i have studied the readers satisfaction herein as well ●s my own , by a learned mans c example , who●e words in a like case , as very apposite in this , i shall here borrow for the close of my apologie : etsi m● non lateat , ( saith he ) quàm lubrica , plenaque discrim●nis res sit , quae per tot secula , tot homines eruditi uno consens● proba●unt , rejicere velle , rationes tamen eas in medium adducere visum est , quibus adductis hanc interpretationem damnare ausus sum . nor is this ( i take it ) magno conatu nugas agere ; the discovery and refutation of popular errours having been a task for many worthy pens , in cases of as small concerment as this perhaps may seem to be ▪ to the matter then . whether the name of gavelkynd was at first imposed with , or in respect to the nature of the land , in point of descent , or not , is indeed the matter in question . the common opinion ( i confesse ) affirms it , wherewith joyning issue in the negative , i shall endeavour to refute it by a double proposition ; one negative , shewing that this is a wrong , and mistaken ; the other positive , or affirmative , declaring what is the right and genuine construction of the term . as for the former , though it carry with it a seeming allusion to gavelkynd in sound , yet if we look advisedly into the true nature of it , we may , and peradventure must , conclude the etymologie from giveall cyn , give-all-kynd , or the like , unnatural at the least , and far fetcht , if not violently forc'd . for first , admitting kind to signifie a male-child in the dutch or belgick tongue , as it doth not more than a female , being a word common to children of either sex ( knecht indeed with them , as cniht with our ancestours , the english-saxons , is of that d signification : ) yet is not this kind of land so restrained in point of descent onely to the males , but that ( as in the case of land descendible at the common law ) the females in their default , that is , where the males are wanting , are capable of succession to it , and in the same way of partition with the males . nay , is any of the sons dead in the fathers life time , leaving a daughter behind him , such daughter shall divide with her uncles in this land . what then ? shall we admit kynd to signifie the issue , be it male or female ? as indeed it doth either , coming of the saxon , or old english , cennan , or cennian , parere , to bring forth , whence with them the word or participle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for the first-begotten , or first-born , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for the onely begotten , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , terrigena , one that is born , or bred of the earth ; yet is not this land so tied to the issue , but that in default thereof , i. e. where that is wanting , such as be in the transversal or collateral line ( as in other lands descendible at the common law ) may and do inherit it : as ( for instance ) when one brother dieth without issue , all the other brethren may and do inherit , as doth their respective issue too , in case of their default , jure repraesentationis , but with this restriction in the nephews case succeeding with their uncle , viz. that the descent is then in stirpes , not in capita . neverthelesse , it goeth not as the irish e gavelkynd , to all the males of the same linage , ( for in this , as in other inheritances , propinquior excludit f propinquum ) nor yet neither to all the next in one line of kinred , as they pretend that are for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , taking cyn to signifie kindred , as indeed it doth , for then brothers and sisters both , being alike neer in degree , should equally inherit , ( a thing it seems allowed by the old german custome , witnesse what we have from g tacitus ; haeredes successoresque sui cuique liberi , &c. not restraining the succession to the male ▪ issue , as neither doth the h civil law : ) whereas we know , that as by the i feudal customes abroad , where males are , the females are excluded from succession , so by the common law of k england , women ( or females ) shall not partake with males , according to that rule laid down in the statute called praerogativa regis , cap. 16. foeminae non participabunt cum masculis , which ( by the way ) is understood onely of such as are in equal degree . but doth ●yn or kynd here intend and denote a mans issue , the gavelkynders children ? what may we say then to a conveyance of land in gavelkynd to a guild , or corporation , aggregate of many , suppose an hospital ; ( as an instance of that nature shall be produced l by and by : ) they are a dead hand , how then is the etymologie in that case justified ? where 's the kynd , the parties issue here , to make good the derivation ? but since , by occasion , mention is made of such a gift , or conveyance , to strangers from the proper issue or heirs , let me thus far further adde , that in case it be called gavelkynd , from debitum vel tributum soboli , i. e. due , or given to the issue , as some are of opinion , how comes it then to passe , that , as before the statute of wills , gavelkynd ▪ land might by deed , or other lawful conveyance ( and that domin● , in this case inconsulto , and invito too , contrary to the nature of what with the feudists is properly termed m fe● : ) be freely given , or sold away from the heir by the custom to a meer stranger , ( contrary to the old common law of n england , except in some few cases , as in frankalmoigne , or in marriage with a mans daughter , a reasonable part might be given , with some limitations and distinctions between land of inheritance and purchase : ) as now since the statute of wills , ( if not before , as some of late seek to perswade us , a matter which i shall reserve o al●iori indagini : ) it may be , and daily is by devise of will and testament ; how is the next heirs right to this land preserved , when there is that freedome of giving , or devising it away ? or how can this liberty & that etymologie consist ? yet further , doth not mr. lambard somewhere p say , that no gavelkynd partition could be challenged , but onely where the custome of division had prevailed , and that gavelkynd was not tried by the manner of socage-services , but onely by the touch of some former partition ? if ●o , no land then could properly be called gavelkynd , wherein this custome of partition had not yet obteined : what shall then be thought of those new created tenures in gavelkynd , whereof until the statute of q quia emptores terrarum , examples are very obvious and frequent in the old records both of the cathedral at canterbury , and of the neighbour abbey of st. augustines , and elswhere , affording many ancient grants of land in gavelkynd ? to what original shall the name there be referred ? to any customable partition ? nothing lesse : for where can that be found in gavelkynd-land of novel tenure , for want of that competencie of precursory time of them necessarily presupposed ( to frame the custome in ) who conceive the name taken from such accustomable partition ? moreover , if partition were the thing that gave name to gavelkynd , then should all partible land wheresoever be so called : but there is in parts abroad ( out of kent ) partible land not called gavelkynd . ergo , &c. for the assumption see the stat. 32. hen. 8. cap. 29. purposely made to change the customary descent of the land of osweldbeck soke or lordship in nottingham-shire . and what doth r bracton intimate lesse in his sicut de gavelkynd , vel alibi ubi terra ●st partibbilis ratione terrae ? adde hereunto ▪ that the word , as to the main part of it ▪ gavel , frequently occurs in the old records of some manours out of kent , sometimes simply , but for the most in composition ; for example , gavel-erth , gavelate , gavel-lond , gavel-man , gavel-swine , gavel-wood , gavel-rod , &c. ( of which more anon . ) and shall the same thing , ( contrary to that rule of law , ● . 1. ff . de rerum permutatione ) diverso jure censeri ? for i suppose none will render it there ( being out of kent , and where no gavelkynd partition taketh place ) gife-eal ▪ nor will this derivation any better stand with gavel , where it helps to the composition of some words here used in kent , in former times at least , besides that of gavelkynd , such as are all or most part of those afore-remembred , to which i may adde gavel-rip , gavel-ote , gavel-sester , gavel-bred , gavel-bord , gavel-timber , gavel-corn , gavel-re●ter , &c. whereof also i shall intreat further by and by . is it then ( lastly ) to be supposed ▪ that the lands meer descent in this kind to all the heirs alike , supposing a plurality of heirs , was all the regard those ancestours of ours had to sway and regulate their judgement by , to whom the name , the term , doth owe its first original ? was that in probability ground enough to satisfie them of the congruity and sutablenesse of the name to and with the nature of the thing named , as names we know should † be ? vix credo . i doubt it for my part . in brief then , to recollect what hath been said : 1. if females are capable of this succession as well as males , where the male issue faileth . 2. if collateral kinred are capable thereof as well as those in the descendent line , where such heirs are wanting , ( in both which kinds gavelkynd land differs not from that at the common law : ) 3. if corporations may hold land in gavelkynd . 4. if such land may be passed away to meer strangers from the right heirs . 5. if none may properly be called gavelkynd-land , where an accustomable partition hath not made way for it . 6. if there be partible land elswhere ( out of kent ) that is not called gavelkynd . 7. if gavel ( the fore-part of the word ) found in some records of land out of kent , and of others in kent , will not bear the derivation of it from gife-eal , without absurdity . 8. and lastly , if names are to be imposed with respect to the nature of what is ſ named , then is gavelkynd , after these mens premised derivation , in some sort a very scant , narrow , and partial , in other a most incongruous and improper term to expresse the nature of the land by . surely , there was somewhat more peculiar to gavelkynd-land , and of more note and eminencie in it , better serving to distinguish it from other kind of land , than this derivation of theirs seems to intimate , and which first gave occasion to the imposition of that name upon it , which leads me to my other , the positive , or affirmative proposition , asserting the true sense and construction of the term , and shewing whence it was at first imposed , and afterwards continued . wherein i must confesse , mr. lambard was as happy to go right in the latter of his two conjectures , as he was before unluckie to misse of the right in his former , yet in this passively unhappy though , that the former , through the advantages afore-mentioned , wholly took , and was accepted of all , whilest the latter was received and embraced of none : but no great marvel , since , whilest some , through ignorance could not judge of , others haply for company , would not question so plausible a derivation . but to the purpose . to such as are any thing vers'd ▪ in saxon monuments , gafol is a word very obvious , but varied sometimes in the dialect , as being written now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , anon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , here 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , there 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i shall give you a few instances where it occurrs , and in what sense . tribute mentioned in the 17 of st. matthews gospel , verses 24 , and 25 , as also in the 22 of the same evangelist , verses 17 & 19 , is in the saxon translation of the gospels , turned 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in the 25 chapter of the same gospel , at the 27 verse , it serveth to expresse what there in our modern english translation is called , in some books , advantage , in other , usury , agreeable to that in the saxon psalter , psal . 54. vers . 11. where usura in the latine , in the marginal version or reading of the word , is rendred 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 occurring in the first of king withreds laws of sir henry spelmans edition , in the first volume of the councils , pag. 194. is of that ▪ learned knight expounded to us by redditus vel pensiones , as it is again in his latine version of pope agatho's decretal epistle , pag. 164. of the same councils , by redditus . in an old sanction of king edgars , recited by mr. selden in his notes upon aedmerus , pag. 153. what is there in the latine read solitus census , in the interlineary saxon version we find rendered there 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . hereunto i might adde heaps of instances taken from the saxon laws , the mare clausum ▪ and elswhere , but i forbear to exspatiate : and to be short , gafol is a word , which , as gablum in doomsday-book , the skilful in the saxon tongue , with sir hen. spelman elswhere , turn by what gabella is expounded abroad , viz. vectigal , portorium , tributum , exactio , census , in latine , but in english , with verstegan , tribute , tax , or custome , to which with ſ mr. lambard , and t sr. edw. coke , let me adde , rent : witnesse , besides the former quotations , what occurrs in an ancient will or deed u of one athelwird , the donor of certain land at ickham in kent to the cathedral at canterbury , in the year of mans redemption 958. where you may read : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. and anon after again : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. the former of which passages , under favour of the skilful in that language , i shall render thus in our modern english : after his dayes , ( or death ) eadrith , if he live , shall enjoy ( or use ) it , yeilding that rent which is imposed on it ▪ that is , v. pounds , and every year ( or yearly ) one dayes farm ( or victual ) unto the covent , that is , xl ( measures called ) sextaries of ale , &c. and the latter thus : with the same ( or like ) rent that herein is appointed . let me adde what in another like record , both for time and place , occurrs thus ▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . that is , and after both their dayes ( or deaths ) let eadsith the arch-bishop , if he survive them , have ( or take ) these lands , or else his successour for the time being , unlesse some friend of theirs , by ( or with ) the arch-bishops favour , may continue to hold that land at ( or upon ) the accustomed rent , ur upon what other contract ( or condition ) may be had ( or made ) with the arch-bishop then living , ( or , for the time being . ) i shall adde but one instance more from the grant of bocking ( a known place in essex ) to the same cathedral ▪ by one ethelrich , in the year of christ 997. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . that is : and i also give those two hides ( of land ) that eadrith renteth ( or hireth ) yearly for half a pound . so that to me it seems clear , that ponere terram ad gablum , is as much as to hire , or let out land by or for rent or farm , and by consequence , terra ad gablum posita , taken in its proper and genuine acception , is land hired , or letten out to farm , or for rent . in the latitude of the word it comprehends besides ▪ all censual , or tributary land , as also what we call customary land , ( in that sense wherein consuetudines , customes , denote x services ) and so takes in all rent-service land , which with our saxon ancestours , who called the rent or service paid or done for such land , y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , was , by a transposition of the syllables , called and known by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or the like : z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i. e. except the churle ( or countrey-man ) that occupieth censual land , as one would say now , except the country fermor , or the like . he seems by this to be properly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. one that had no land of his own , such a one as had , being called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. terrae propriet●rius , a landed man , as the word is ( i take it ) to be rendred , not viator , a way-faring man , or the like , as some a have guessed . but to keep us to our gafol , within and under which term and notion , not onely the generality of rent and customary , whether payments or services , was comprehended and comprised , simply ; but what we at this day call rent-corn , rent-honey , rent-barley , and the like , the special and particular rents and services , i mean , by the custome of some manors yeilded by the tenants to the lords thereof , though now for the most part turned into moneys , were in elder times , in composition , called corn-gavel , hunig-gavel , bere-gafol , &c. without impertinencie i hope , i shall here present the reader with a list of as many of them , as with much content to my self , i have ransacked old records to find out for this purpose , with an assay of mine own at their several expositions , and they are divisible into two sorts , the one beginning , the other ending with gavel . both of them follow . gavel-corne . gavel-erth . gavel-rip . gavel-med . gavel-ote . gavel-dung . gavel-rod . gavel-tymber . gavel-refter . gavel-bord . gavel-swine . gavel-wood . gavel-sester . gavel-werk . gavel-noht . gavel-fother . gavel-bred . wood gavel . work gavel . swine gavel . corne gavel . peny gavel . malt gavel . les gavel . leaf gavel . hunig gavel . were gavel . twy gavel . bere gavel . for gavel . in the list of the rents and services reckoned up in a lieger-book of the church of canterbury , as charged upon that churches manour of adesham in kent , this in particular thus occurrs : item de gavel-corn 66. sum . doubtlesse it is the same with that in a composition made between the abbot and covent of st. augustines at canterbury , and their tenants of minster and hengrove in thanet , anno 19. hen. 6. called corn-gavel , and there thus described : et quod quatuor swillingae & dimidia , & quarta pars unius swillingae residuae tenebantur & tenentur de praedictis abbate & conventu per fidelitatem & relevium , & per redditum & servitium vocatum corn-gavel , viz. reddendo eisdem abbati & conventu● , & successoribus suis annuatim , in festo s. michaelis archangeli , de qualibet swillinga earundem 4. swillingar . quindecim quarteria & quinque buschellos ordei palmalis , & 15 quarteria & 5 buschellos avenarum , & de praedicta medietate & quarta parte unius swillingae secundum ratam portionis ordei & avenarum illas medietatem & quartam partem contingentis , defeernd . & cariand . ad costas & expensas praedictorum tenentium usque ad granarium dictorum abbatis & conventus infra monasterium s. augustini praedictum , vel per servitium reddendi pro qualibet acra dictarum quatuor swillingarum in ●od . festo s. michaelis octo denarios , & pro dictis medietate & quarta parte unius swilling● secundum ratam portionis illas medietatem & quartam partem unius swillingae de praedictis ordeo & avena contingentis , in casu quo praedicti tenentes praedictum or deum & avenam in eod●m festo in formâ praedictâ non solverint . thus the composition , whereby it is apparent what gavel-corn signifies , namely ( as before was intimated ) rent-corn . in an accompt-roll of the arch-bishop of canterburies manour of reculver in kent , anno 29. edw. 1. this service , under the title of arura , occurrs thus : item respondet de xxxv . acris de consuetudine arandi gavelherthe . in an old customal * of gillingham manour in kent , of about that age , i read thus : item sunt ibi quinque juga , quodlibet arabit unam dimidiam acram ad semen frumenti , & seminabit , & herciabit , & dimidiam acram ad semen ordei , & herciabit , & unam virgatam ad avenam & herciabit & warectabit , dimidiam acram ad ordeum , & nihil recipient , & vocatur istud opus gavelerth . this then ( it seems ) is a certain tillage-service , like the arura in bracton , fol. 35. b. due by the tenant holding his land upon terms of plowing , &c. a certain quantity ( more or lesse ) of his lords demesnes , not alwayes performed in kind , but bought out and redeemed sometimes with money . et de 10. sol . de 10. acris de gavelerth relaxato hoc anno , quoth an old rental sans date of the arch-bishops foresaid manour of reculver . it was of some affinity , as with the french poictovines biaus , so also with that which mr. lambard calling benerth , expoundeth by service which the tenant doth with his cart and plough . with his plough indeed , and also with his harrow , but not ( that i find ) with his cart , it being a meer tillageservice , as gavelerth is , & alwayes performed precariò , as the frenchman saith , precairement , upon request and summons , ( in aid , and for the help and ease , when need was , of other tenants bound to do the like de gablo , i. e. as i conceive , ex debito , and without summons : ) and with allowance of ( more than regularly was afforded in the other a service ) a coredy , i. e. diet , or victual , ( fometime called benebred ) during the employment . glanvils precarias carucarum forinsecarum , lib. 8. cap. 3. may hence be understood . matthew paris in his history of england , pag. 895. of the last edition , making mention of a breve inauditum , ( as he there cals it ) i. e. an unheard of writ , issued by hen. 3. recites this as a part of it : similiter inquiratur de carucis precariis , which by the learned authour of the glossary , at the end of the work , is thus illustrated : erant & precariae ( saith he , speaking of several sorts of ploughs ) quas scilicet in necessitate aliqua eminentiori , colonus uaus à proximo b precario mutuabatur . hence the phrase in many old custumals and rentals of plowing this or that quantity of the lords land by his tenant , de prece , de precaria , ad precariam , and the like . in precariis carucacum & in auxilio herciandi vj. sol . viij . den . saith an old accompt-roll c of saltwood manour . the meaning of such passages in records of that kind as this : arant preces semel ad conredium d curiae , &c. and the like may hence be pick'd out . it took name ( this of benerth ) i conceive , of the saxon bene , postulatio , as mr. lambard , and before him jornadensis , translating the saxon laws , turn the word occurring in the title of the eighth of king ina's laws , as sir hen. spelman doth by rogatis , concil . tom . 1. pag. 583. whence ( probably ) fleta , lib. 2. cap. 84. speaking of those ploughs , calls them carucas rogatas . a certain service ( the same , i take it , with bractons messura , fol. 35. b. ) undergone by the tenants of some manours tied to reap their lords corn for him , which if redeemed , or taken in money , was usually termed rip-silver . of the former , in the custumal e of westwell manour in kent , i read : de consuetudiue metendi xl . acras & dimid . de gavel-rip in autumpno xl . s. vj. d. and in another like record , i meet with the latter thus explained to our hand : de sulinga de witstable xvj . de ripsilver , quia homines de witstable solebant antiquitus metere apud bertonam . and as in tillage-service , certain tenants were bound to it de gablo , others de prece ; and thence the one service called gavelerth , the other benerth ; so for reaping also , there were some that held by gavelrip-service , other by bedrip-service , ( the old glossary at the end of hen. 1. laws hath it benripe : ) that done de gablo , without any bidding or summons , and for the most part without coredy ; this de prece , upon bidding or summons , and regularly with coredy : in villa de ickham ( saith the old custumal of that manour of christ-church ) sunt xvj . cotarii , quorum quilibet habet v. acras , & hae sunt earum consuetudines : ducunt brasium , &c. & quilibet tres preces , i. e. ( saith the old marginal glosse there ) quando rogantur per servientem curiae , debent metere , sive aliud facere quod expedit domino per tres dies , & si noluerint facere , possint artari , &c. as i gave you some instances before of gavelrip , so i might also of bedrip ▪ but , for brevity sake , i will onely refer you to that in sir hen. spelmans glossary , verbo bidripa , which being barely mentioned there without exposition , may hence be understood . and as bene in benerth is of a saxon original , so likewise bede here in bedrip ; and indeed they are univocal , drawn ( this ) from the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , petere , rogare , and applied to this service upon the same ground that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to a crier , beadle , summoner , bailiffe , so called from his office , which is to warn , summon , give notice , &c. as these tenants were to be warned , summoned , in a word , bidden , to come and perform this service : et de cxcix . operibus magnae precariae provenien . de omnib . tenentibus domini , tam liberis , quàm nativis , infra dominium domini , quorum quilibet domum habens de quo fumus exiit , inveniet unum hominem ad magnam precariam , si ad hoc summonitus fuerit , &c. as it is in accompt f of the manour of harwe , now called harrow in middlesex , anno 21. rich. 2. a service of much affinity with the former . in an accompt-roll * of terring manour in sussex , anno 11. edw. 1. it occurs thus : consuetudo metendi quae vocatur gavelrip , follows consuetudo falcandi quae vocatur gavelmed . and anon after : et pro una septimana dum falcatur stipula quae vocatur gavelmed . it needs no further opening . a certain proportion of rent-oats served in sometime in kind , other while by composition redeemed with money . as to the former , ( its payment in kind ) i read thus in an g old custumal , ( sans date ) of southmalling manour in sussex : borga de wellingham . operarii . omnes isti operarii de w. debent reddere annuatim de qualibet virgata unum quarterium avenae , quod dicitur gavelote in xlma. in an accompt-roll of the same manour , i find a charge sutable : idem respondet de octo quarteriis , quatuor bush . avenae receptis de gabulo custumariorum de wellingham . and for the redeeming it with money , an old h accompt , ( sans date ) of the abbey of st. augustines manours of swane and borewaremersh in rumney mersh , furnish us with an instance of it thus : et de avena de gablo vendita iij. s. like to that in old i accompt-roll of gillingham manour by rochester : et de x. s. vj. d. de quinque quarteriis , duob . bush . de gavelote de redditu venditis . a service ( like to that spoken of by littleton , under the title of villenage ) to carry the lords dung out of the site of the manour , unto the land of his lord , &c. whereof in an k accompt-roll of storham manour in sussex , of about edw. 1. time , under the title of consuetudines & servitia de omnibus borghis extra boscum praeter suthram , i read in the accomptants charge as followeth : idem respondet de consuetudine extrahendi fimum debita per custumarios tenentes xxvij . virgatas , dimid . & j. ferling . in borgh de gote , middelham , astone , northlington , & wellingham in una septiman● post festum s. michaelis cum auxilio molmannorum , quod servitium vocatur gaveldung . see the grand custumier of normandy , cap. 53. in fine . what service this was , the place it self where it occurs sufficiently explaines unto us , and that is an old l extent of the manour of terring in sussex , anno 5. edw. 1. where under the title of virgatarii operarii de wadeherst , we have it thus : in borga de wadeherst sunt xv . virgatae , dimid , & j. firling terrae nativae , quarum quaelibet debet claudere unam perticatam sepis circa curiam de malling , & debet pro pollis & claustura quam facere solebat ad natalem beati johannis baptistae annuatim reddere j. d. ob . quod dicitur gavelrod & burghard , &c. certain rent-timber to be used in repairing the lords mansion-house , or some apperteining edifice , and as some records do specifie it , rafters . whence in an m accompt-roll of norbourne manour in east kent , anno 31. edw. 3. as a part of the accomptants charge there , i read thus : et de c c. refters de gavel-tymber , de redditu , quilibet de longitudine xiij . ped . de quibus proveniunt de tenemento de borewaresyle c. & de tenemento de monynden c. another like roll of the same manour calls it gavel refter . and much of the same nature was the next called gavel-bord , whereof in the last cited roll mention is thus made . et de c c c. gavelbordis de redditu , quilibet de longitudine iij. ped . dimid . unde , &c. these rents and services were wont to be charged upon their wealdish tenants , such as occupied their wood-lands . and so was the next . and by an inversion of the syllables , swine-gavel . a wealdish service ( i say ) signifying rent-hogs , or rent-swine , so called when paid in kind , ( et de vij . s. x. d de iij. porcis de gablo venditis ad parocum de maghefeld , &c. as it is in a roll n of accompts of mayfield manour in sussex , anno 11. edw. 3. ) otherwise swine-paneges , and swine-money , and the like , when namely they were redemed with the peny , or with money , which was usually paid at paroc-time , that is , when the lord , or his bailiffe and tenants met upon the place in the weald , to hold a paroc , a court-like kind of meeting , ( whereof i have by me a record of some kept about edw. 1. time ) not much unlike the forest swaine-mote , where ( inter alia ) and accompt was taken of this service in particular , and generally of what hogs or swine had been taken in to feed and fatten the year past , or the last pawnage or masting-time , and rent accordingly paid and received for the same . hence i take it ( from paroc , i mean , ) the name of that place by bleane-wood near canterbury , which we at this day call the paddock , for the paroc . sometimes written and called wood-lode , wald lode , and other while , by an inversion of the syllables , wood-gavel : a custome or service incident to some tenants , to carry home their lords wood for him . an old o accompt-roll ( sans date ) of the arch-bishop of canterburies manours , in south-malling , hath this mention of it in the accomptants charge : et de xviij . s. iij. d. ob . de fine cariandi gavelwood de consuetudine . it often occurs in like records of divers other manours , under that diversity of names . a certain measure of rent-ale . among the articles to be charged upon the stewards and bailives of the church of canterburies manours infra cantiam , according to which they were to be accomptable , this was wont to be one : de gavelsester cujuslibet bracini braciati infra libertatem maneriorum , viz. unam lagenam & dimidium cervisiae . another old record calls it tolsester in these words : de tolsester cervis . hoc est de quolibet bracino per annum unam lagenam de cervis . as it is in an old book of the same cathedral , amongst the rents of assise of halton manour in being undoubtedly the same , in lieu whereof the abbot of abbington was wont of custome to receive that peny mentioned by mr. selden , in his learned dissertation annexed unto fleta , newly published , cap. 8. num . 3. and there ( by some mistake , haply of the printer ) termed colcester peny , for tolsester peny . nor differs it ( i take it ) from what in the glossary at the end of hen. 1. laws is called oate-gavel . a service charged upon tenants , for example ; in charing manour in kent , an old p rental whereof of edw. 1. time hath it thus : grenehelle eadmundus filius thomae de grenehelle de uno jugo debet , &c. — arabit unam acram 6. pedes , & metet unam acram , dimid . & 9. pedes , de gavelwerk . this admitting also of a transposition of the syllables , is somtimes found written werk-gavel , in barbarous latine , werkgabulum , as in an q accompt-roll of the arch-bishops manour of tunebrugge ( now called tunbridge ) of hen. 3. time , and signified rent-work , which was of two sorts , the one personal , by the tenants person , which they called manuopera ; the other by his carriages , thence termed carropera , and they both met ( i take it ) in villeins called gaigneurs . in an old custumal of our cathedral at canterburies manour of clyne in kent , i find them thus coupled : de gavelnoht vel gavelfother de ostreland . the latter seemeth to expound the former , shewing them both to import what at this day we call rentfodder : the latter word in which composition cometh ( as i suppose ) of the teutonick voeder , or the german futer , which we at this day pronounce fodder . of the feudists it is called fodrum , to whom i refer such as desire a further explanation of the term , wherein the learned hotoman ( i take it ) is more copious than the rest , in his commentary de verbis feudalibus , in voce . let them also have recourse to our learned glossarist , in verbo fodrum . in the custumal of the same churches manour of chatham in kent , it occurs thus : allocantur per annum pro gavelbred ad herdemet . iij. sum . dimid . it is the same ( i take it ) which i find elswhere thus expressed : in pane ad gavelbred , de consuetudine arantium & metentium , ij . sum . so an accompt-roll r of charing manour in edw. 1. time . nor is it probably any other than what in the custumal ſ of west-farlegh manour in kent is termed averbred . allocantur per annum pro averbred , iij. s. ij . d. it seems to be a proportion of food or victual allowed to the baser sort of tenants , such as the custumarii , cotarii , villani , and the like ( the gaigneurs ) towards their coredy , or sustentation , during their employments in the villein-services of their lords , such as those reckoned up by the authour of the mirroir , chap. 2. sect . 28. where he saith : et ascuns per villeins customes d' arrer , ower , charrier , sarclir , fauchir , scier , tasser , batre , ou tielx autres manners d' services , which were not alwayes attended with such allowance ; whence my authour goes on , adding , & ascun foits sans reprise d' manger . and thus far of the particular rents and services , whose names begin with gavel , to which i might adde that of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , occurring in the laws of king ina , cap. 44. now to proceed to those ending with it . of which the first four , ( wood-gavel , werk-gavel , swine-gavel , corn-gavel ) having their several expositions in their proper places , viz. in the former list of services , whose names begin with gavel , i passe from them to the rest of like termination . in the conquerours , and some succeeding kings charters , made to st. augustines abbey at canterbury , the present service occurrs by the name of gabulum denariorum , the tithe whereof here excepted from these , was elswhere granted unto other monks , whereof see mr. seldens history of tithes , pag. 321 , 330 , 331. it was a rent usually reserved and paid in money , witnesse the mention and description of it without composition , between the abbat and covent of st. augustines and the men of thanet , whereof before in gavel-corn , and speaketh thus : — tenentur de praedictis abbate & coventu & praedecessoribus suis per fidelitatem & relevium , & per redditum & servitium vocatum peny gavel , viz. reddendo annuatim eisdem abbati & coventui & eorum successoribus de qualibet swillinga dictarum xlij . swillingarum in festo s. martini in hyeme decem & novem solidos & octo denarios , & de praedicta quarta parte unius swillingae in eodem festo annuatim quatuor solidos & undecim denarios , & pro qualibit acra dictarum xxxviij . acrarum terrae de swilling-land in eodem festo secundùm ratam portionis redditus easdem xxxviij . acras terrae contingentes , &c. in the custumal of the church of canterburies manour of mepham in kent , amongst the rest of the rents services there , this occurs for one : de xxj sum . iiij . bush . de maltgavel , &c. it signifies rent-malt , and is the same ( i take it ) that in another like record ( an old rental of eastry manour in kent ) is called malt shot , and thus expressed there . de malt shot termino circumcisionis domini xx . d. but so called , i trow , when compounded for in money ; otherwise , upon the same ground , malt-peny , as the old customal of the same manour frequently nameth it . so called , peradventure , in relation to some greater rent or service arising and paid out of the same land , that this , at some other part or season of the year ( i guesse hereat by an old t customal of charing manour , where indeed i found it so : ) and so les-gavel , quasi lesle-rent , or lesle-service . i take it to be the same that in the customals and rentals of some other manours , i find written lesyeld , and lesgeld ; unlesse it be mistaken for the next , leaf-gavel , thus occurring in an old accompt-roll of the church of canterbury : et de xii . l. iij. d. ob . de annuo redditu assis cum leafgabulo ad terminum s. martini ; which i conceive to be the same with what in a like record of hathewolden ( now halden ) manour in kent , is called lef-silver : et de xviij . d. de lef-silver in hathewoldum . the old custumal of tenham manour in kent , calling it lyefyield , thus explains it : tenentes de waldis non possunt arare terras suas ab equinoctio autumpnali usque festum beati martini sine licentia . et ideo , reddunt annuatim dimidiam marcam ad festum s. martini , sive fuerit pessona , sive non . et vocatur lyes-yeld . whereby it seems to be a tribute paid by certain wealdish tenants , for liberty to plow their grounds during a certain season of the year , viz. tempore pessonae , which , because of some prejudice that might thereby redound to the lord in his pawnage , was not permitted without his leave . gabulum mellis , as the old u rentals of chistlet manour in kent seem to term what some ancient accompt-rolls x of otteford and other manours call hunigaved , both one and t'other signifying rent-honey . item de weregavel vj. d. aliquando tamen plus , aliquando minus . thus in the y custumal of the canterbury cathedrals manour of leisdowne in the isle of shepey . it seems to be a rent paid in respect of wears or kiddels , to catch fish withall , pitch'd and plac'd by the sea-coasts , and , until magna charta forbade it , in some rivers too , whereof see further in sir hen. spelmans glossary , verbo kidellus ; and in sir edw. cokes institutes , part 2. pag. 38. and elswhere . in an z accompt-roll of the manour of reculver in kent , anno 16. edw. 3. this service , in the charge there , thus occurrs : idem respondet de 814 & dimid . ped . clausur . hayag . fac . circa manerium , ex consuetudine , unde de twygavel 200. i meet with it elswhere also , but with explanation no where . taking liberty of conjecture , i conceive it to be some double kinde of service by the twy preposed , as elswhere twysket ( an imposition upon the tenants of aldington manour by romney mersh , for maintaining the sea-coasts there , and other like defences against inundations : ) is termed duplum , as thus : computus de duplo wallae , quod vocatur twysket . so the accompt-roll of that manour in the sixth year of st. edmunds archbishoprick . is termed of our learned glossarist , verb. berewica , by tributum hordeaceum : elswhere , viz. verb. gabella , by redditus hordeaceus . you shall finde in the 60th . of king ina's laws , in mr. lambards archaion . if it were not rent-barley , i should take it for the drincelean , occurring , as in the last chapter of the leges presbyterorum northumbrensium , in sir hen. spelmans councils , pag. 502. so also in the 87th of king cnutes laws in the archaion , and in this latter place rendred in the old version in brampton , ( just as oryncelan , mistaken for drincelan , in the old glossary at the end of hen. 1. laws ) by retributio potus . if so , it seems to be the same with what was afterwards called scot-ale , whereof you may read in matth. paris , the charter of the forest , bracton , the mirroir , and elswhere . king hen. 2. in his charter to the citizens of canterbury , acquits them of it : ita quod ( saith he ) vicecomes meus cantuar. vel aliquis alius ballivus scotalam non faciet . it 's sometimes called potura , and was a contribution by the men and tenants towards a potation , i. e. a drinking , or ( as some yet speak ) an ale , provided to entertain the lord or his bailiffe withall , coming to keep court , or the like , raised by a proportion or rate ( more or lesse ) according to the better or meaner condition . in an old a custumal of southmalling manour in sussex , in that part of it intituled , bortha de feld , i read as followeth : item si dominus archiepiscopus fecerit scotall . infra boscum , quilibet terram tenens dabit ibi pro se & uxore sua iij. ob . & vidua vel kotarius j. d. in the b extent of the manour of terring ( to give you another instance ) anno 5. edw. 1. this scotale service is thus remembred : lewes . memorandum quod praedicti tenentes debent de consuetudine inter eas facere scotalium de xvj . d. & ob . ita quod de singulis sex denar . detur j. d. ob . ad potandum bedello domini archiepiscopi super praedictum feodum . bracton saith , it is sometimes called filctale ( sol . 117. b. ) which our learned glossarist , in voce ; correcting , reads fildale , and is in some sort followed by sir edw. coke , institut . part 4. pag. 307. with the varia lectio before bracton , i should rather read it gildale , and then indeed , as it comes neerer the other scot-ale , so with that better answers to our present bere-gafol ; gild , gafol and scot , being as it were synonyma , and univocal . observed to be alwayes paid by the tenant per avail to the mesne lord , not to the chief , and thence called in some old records and deeds , foris-gabulum , quasi extra ( vel praeter ) gabulum quod domino capitali debetur : just like the french mans surcens . will you have an example ? john then the son of richard at horsfald , by his c deed , dated anno 1242. gives to warin of stablegate , a parcel of land , to be holden to him and his heirs , or to whomsoever he shall give , sell , or assigne it , ( a clause without which , by the account of those elder times , land was not alienated from the proper d heirs : ) paying to the prior and covent of christ-church canterbury ( lords , it seems , of the fee ) certain annal rent and hens , and to the feossor and his heirs j. d. yearly , de forgabulo , &c. some other instances of this kind might be added , but i must contract , passing over metegavel , whereof mention is made in the old glossary , at the end of hen. 1. laws , and there in latine rendred cibi gablum . now a word or two of gavelet . this , i must tell you , was no rent or service , but betokeneth a rent or service with-held , denied or deteined , causing the tenements forfeiture to the lord ; whence those words of fleta , reciting the statute de gavelleto : et ex tunc vocentur tenementa illa ( not forschoke , as in tottells edition of the statute , followed by cowell in his interpreter , but ) forisfacta . see fleta , pag. 119. it is taken ( i confesse ) of some for a synonymy with gavelkynd , and to import land letten for rent , or the like ; and per me licet ; the acception shall passe for me , as warrantable enough from the latitude of the term ; but in the sence wherein the statute ( 10. edw. 2. ) and other ancient records ( all that i have ever view'd ) do take it up , it seems to carry no other meaning than the deteinment of rent or service , whence that of e sir edw. coke : gaveletum ( saith he ; i adventure to correct it so , as supposing it corruptly printed gavelletum ) is as much to say , as to cease , or let to pay the rent . breve de gavelleto in london est breve de cessavit in biennium , &c. pro redditu ibidem , quia tenementa fuerunt indistringibilia . thus he . in the kentish eyre of hervicres de stanton , recorded in a manuscript of st. austins at canterbury , among the pleas there concerning the abbat and covent , pag. 106. it occurrs thus : et postea per quandam consuetudinem quae vocatur gavelate usitatam in comitatu isto de terris & tenementis de gavelkinde , pro redditibus & servitiis quae à retro fuerint de eisdem per plures annos devenerunt eaedem terrae in manus cujusdam abbatis , &c. i have often met with the word in old accompts of the arch-bishops manours , from which i could present you with a cloud of instances , but for brevity sake , i shall trouble you but with one , and that taken from a f roll of ringemere in sussex , in edw. 3. time . item ( saith the roll ) de defectu redditus cujusdam curtilagii jacentis gavellate quod fuit aliciae hammerii , per annum in manu domini iiij . d. the sence , i trow , which i gave you of gavelet , is by this time sufficiently asserted , which , if compared with the term it self , will appear very natural , being derived and compounded of gavel and let , or late ; a word ( this latter ) fetch'd at first ( if i mistake not ) from the teutonick laeten , signifying , as we are taught by kilianus in his etymologick dictionary , linquere , relinquere , omittere , dimittere , just ( i take it ) as our old saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seems to do . the germans have it lassen , the french laisser , we at this day let. the termination is found in some other words now antiquated and obsolete as well as this : for example , in hereslit , which by the common opinion of expositours , sounds as much as armorum depositio , or exercitus desertio , coming from her , ( saith lindenbrog in his glossary ) exercitus , and lassen , deserere . sir hen. spelman ( i confesse ) as to this latter syllable , is of another mind , writing it slit , and slite , and construing it by fissura , diruptio , separatio , and so will have hereslit to signifie diruptionem exercitus . for my part , under favour , i conceive , that between the latter syllable in hereslit , and the latter syllables in laghslite , manslihte , theofslihte , and the like , there is this difference to be observed , that namely in the former , hereslit , the latter syllable is lit , ( the s . being here a note of the g genitive case , and perteining to the former syllable : ) signifying desertio , derelictio ; in the other , slihte , slyhte , or slite , betokening , ruptio , violatio , &c. as rent and service in general was understood by gable , gavel , &c. simply , and particular rents and services denoted by an application of it to particulars , as in the former compounds , so the man , the tenant that paid the one , and performed the other , was sutably called of old , as in the 6th . and 22th , of king ina's laws , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , more of late , gavelman : whence ( for example ) that passage in an h accompt-roll of terring manour in sussex , anno 11. edw. 1. et de iij. s. vj. d. de incremento redditus de simone theodulsi , de una virgata & dimid . cum uno messuagio in salwenton — traditis eidem simoni hoc anno in servitium de gavel-man , quantum gavelman debet de tanto tenemento . he was one of those ( i conceive ) that in a fore-cited extent of the same manour , are thus differenced and distinguished from other sorts of villeins : villani de terring qui vocantur gavelmanni . by an endorsement upon an old i custumal of charing manour , i find that otteford manour had its gavelmanni . and amongst the then tenants of charing manour , and the services charged upon them in that custumal , i read of some there termed in one place gavelikendeyes , in another gavelmanni . the term , i conceive , may properly be given and applied to our kentish tenants in gavelkynd . one thing more i have to note , before i leave gable , gavel , &c. viz. that where it comes into mention ( as it often doth , in the reddendum of deeds , or feoffments ) with mala , it there properly signifies , and is strictly to be taken for services or customes ; as on the other side , mala , there as properly betokens rent , or ferm , which being chiefly two-fold , was distinguished into white-rents ( redditus albi , blanc ferm ) and black-rents , ( redditus nigri , black maile : ) that , paid regularly in pecuniis , in silver , and therefore called white ; this , black , because , for the most part paid in pecude , or the like , say k some : if i might add an expression , i should rather in blado , or , if that be not full enough , in annona , comprehending all sorts of provision , wherewith the lords table was furnished , and himself and family fed . and consequently , where i meet with a tenant holding per gablum & malum , as there were many such of old , and i could instance in some , as in charing , monkton , reculver , broke , and other manours in kent , i should , if i were to play the expositour , render it per servitium & fermam , velredditum . the tenure continues to this day in scotland , whence they l conserve firmarius by a mail-payer , a mailer , or mailman . the word ( as i conceive ) is originally british , coming of their mael , which in the welsh vocab ▪ is in latine rendred luerum , emolumentum , quaestus , as maelio , the verb , lucrari , quaestum facere . the saxons used it in the same sence as with the latines , vectigal , stipendium ; whence this in the chronicle of abbingdon , anno ▪ m l. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . which the latine chronicle of flor. of worcester , and others give thus : 1051. rex eadwardus absolvit anglos à gravi vectigali , &c. hence also thus in the same chro. mlv. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 1. ( according to the same latine histories ) classis algari comitis leogecestram devecta , stipendium , quod eis promiserat , ibi expectavit . by this time , the reader is satisfied ( i hope ) touching the true construction of gavel , gafol , gable , or however else he shall chance to find it written , both as the word is taken simply , and as it is used besides in composition , in each importing cens , i. e. rent , either in money , provision , or works . and being thus far advanced in the dispatch of our positive proposition ( what is the true sence of gavelkynd ) i must now desire the reader , in the next place to observe and consider with me , that , as there are divers sorts of land to be found , both in this county and elswhere , by the nature of their tenure not censive , or censual , nor of the kind to pay or yeild gavel ( that is , such rent , or rent-service , whether in money , provision , or works , as ariseth from ignoble , base , and plebeian tenures , in which onely gavel is conversant ) to those of whom such lands are holden , those namely holden in alodio , in frankalmoigne , ( or mortmaine , as called m also abroad , because yeilding the lord no profit , as being in a dead hand ) in knights-service , in frank fee , and the like ; so is there also , such as that holden in socage , or burgage tenures , or the like , ( though free ) which contrariwise is censual , liable to rent , in some one or more of the kinds premised . to distinguish therefore , if not generally what land is , from what is not , of gafol gilden nature , or of the kind to yeild or pay cens , yet specially to put a difference between ( what alone is properly and anciently called n fee ) knight-service land and it , under which double head is comprised the generality of our whole countries lands , answering , as to that dichotomy of chivalry and socage tenures , whereunto all the land in england in the hands of common persons is o referred , so also to that known distinction of their lands in normandy ( from whence , as some p surmise , we received our gavelkynd , whereof more hereafter ) unto fief de haubert , and fief de roturier ( that is the noblemans fee , and the husbandman or ploughmans fee : ) for distinction sake , i say , of censual or rented land , or rent-service land , from what , like fee properly so called , being holden per liberum servitium armorum , yeilded no cens , rent , or service , whether in money , provision , or works ; the former of the twain was called gavelkynd , that is , ( as mr. lambard rightly in the second of his fore-mentioned conjectures ) of the kind , or nature to pay or yeild rent , or land holden , not properly in fee ; but as the feudists are wont in this case to distinguish contractu censuali , as being letten out with , or under condition , to pay cens or rent , or with a reservation of cens or rent , like unto those in the charters of the conquerour , and ( his son ) hen. 1. the one to battell , the other to reading abbeys , expresly called terrae censuales , and there opposed to fee , witnesse this provision occurring in each charter : terras censuales nec ad feudum donet , nec milites , nisi in sacra veste christi faciat , nec de possessionibus ecclesiae quisquam teneat aliquid feudaliter absolutum , sed ad censum annuum & servitium abbati & monachis debitum . see clement reyners apostolatus benedictinor ▪ in anglia , tract . 2. pag. 137 , & 154. it is no simple word ( gavelkynd ) but a compound of gavel and kynd : the latter syllable whereof ( to proceed on to that ) cometh and is contracted of the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a word frequently occurring in the saxon sermon set forth and published by mr. fox in his acts and monuments , and again of late by mr. lisle , as an appendix to another saxon piece , a treatise of the old and new testament ; in the version or translation of the word they both concur , rendring it in our modern english q nature . to give an instance or two : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. after true nature . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. it is naturally , and the like . i● will peradventure be objected , that mr. lambard , in his perambulation , pag. 495. meeting with the word several times in the saxon will of byrhtric of mepham , in this often repeated passage there : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , alwayes translates it , ( after the old latine version in textus roffensis ) within that kinred , and in a marginal note against it , calleth it , a kynd of gift in tayle . but , for reply , if i may have leave freely to deliver my sence , that version is not good : for , under favour , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there importeth not ( as that translation would ) kinred , but rather kynd , nature , sort , quality or condition , and consequently 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there , if rightly , is thus ( i take it ) and not otherwise , to be englished , viz in that kind , or , after that nature , or , upon the same terms , or , with the same condition , having relation ( if you mark it ) to the tie upon the next precedent legacies , gifts or devises of other land , charged either with alms , or with rent , in way of alms , payable thereout by the legataries or devisees , for the devisor or testator his souls health . had it been otherwise , ted books ) the following passage in a charter recorded in a lieger of the often alleaged cathedral at canterbury of certain land ( all which the party had ) in southwe●k , given to that church by norman le wautier , in the year of christ 1204 ▪ which thus speaketh : et quia praedicta terra de libero catallo , & proprio perquisito meo fuit , & non de aliqua hereditate parentum meorum , ideo de●minde & s. thomam martyrem , & sanctos cantuariensis ecclesiae , & conventum monachorum ejusdem , heredem ▪ u meum legitimum inscribo , & hac mea carta in perpetuum constituo . to which many more such like might easily be added from the same promptuarium . the f●udists in this case distinguish between feudum novum & antiquum , as may be seen in vulteius , de feudis , lib. 1. cap. 10. num . 73. in the next place , the reader may please to observe with me , that as x britton distinguisheth of a double tenure in mortmaine , the one called almoigne , or aumone , simply , the other frankalmoigne , describing the former to be a gift in alms , but not free alms , because ( saith he ) a certain service is reteined or reserved to the feoffor , cap. 66. fol. 164. ● . so this in hand is no alienation in frankalmoigne : the f●offers ( it seems ) not intending to give the land in that absolute manner ; but , in token of seigniory , to reserve something of service to themselves , phrase ▪ their gift , not in puram eleemosynam , or in liberam eleemosynam , ( one of which words , viz. either pura or libera , is ( some say , others say y both ) essential to the making it a tenure in frankalmoigne , and to the excusing it from service ) with which the next following words ( and to gavelkynd ) could not have consisted ; pure alms , or frankalmoigne , excluding the return of all but divine services and burthens ; they phrase it not therefore , i say , in puram , or liberam ele●mosynam , but onely in perpetuam ele●mosynam , and to gavelkynd ; by the former of these words , investing the hospital with an estate in perpetuity ; by the latter , and the reddendo following , saving and reserving to themselves a quit-rent , as it were , in signum dominii ; that is , they reserved to themselves the service , and granted to the hospital the usum fructum : or they granted the utile dominium to the hospital , and reserved the directum to themselves . so that whereas bracton and z others make mention of a tenure in feodo quoad servitia , & non in dominico , referring to the chief lord ; and of another in feodo & dominico , & non in servitio , relating to the free-holder , the former may here be referred to the feoffors , the latter to the feoffees in this deed . but this parergon . and now to wind up all ( concerning this first proposition ) and not to enlarge with any further instances ( wherein i might be infinite ) for asserting this truth of our gavelkynds derivation : gavelkynd , we see , is the lands right name , whose etymologie was never wrested to gife-eal-cyn , whose signification of censual , rented , land , or rent-service land , was never questioned till that within our fathers memories , one and all , by a kind of errour , jure veluti successionis , transmitted to them , run a head in a wrong and mistaken derivation . proposition ii. the nature of gavelkynd-land in point of partition . disallowing then gavelkynd ( as to the name of it ) to be derivative from partition , our next enquiry shall be , if ( on the contrary ) partition ow it self to gavelkynd , or to what other cause . before i further enter into which research , or offer any resolution to the quaere , give me leave to preface it with certain rules , grounds and principles , in this case fit to be premised . you are then desired to take notice , that here in england , we acknowledge no land ( no inheritance ) partible or divisible , but what is so either ( first by law , as in the case of females , succeeding for lack of males , whether in knight-service land or socage , which in this point differ not , or what ( secondly ) is so by custome , as in our present case of gavelkynd , and such like ? no parceners of land ( i say ) in point of inheritance or succession , but either according to the course of the common law , or by custome , as termed by littleton , and our more modern books , the same in effect with what of elder time , in bractons a language , are called , 1 ratione personarum , 2 ratione rei vel terrae . in the next place , let me adjoyn what in this point of partition is delivered by those two ancient and famous sages of our law , glanvill , and bracton , whereof the former b speaketh thus : cum quis ergo hereditatem habens moriatur , si unicum filium heredem habuerit , indistinctè verum est , quod filius ille patri suo succedit in toto . si plures reliquerit fili●s , tunc distinguitur utrum ille fuerit miles , sive per feodum militare tenens , aut liber sokemannus : quia si miles fuerit vel per militiam tenens , secundùm jus regni angliae primogenitus filius patri succedit in totum , ita quod nullus fratrum suorum partem inde de jure petere potest . si verò fuerit liber sokemannus , tunc quidem dividetur hereditas inter omnes filios quotquot sunt per partes aequales ▪ c si fuerit socagium , & id antiquitus divisum : salvo tamen capitali messuagio primogenito filio pro dignit●te a●sneciae suae ; ita tamen quod in aliis rebus satisfaci●t aliis ad valentiam . si vero non fuerit antiquitus divisum , tunc primo ▪ genitus , secundum quorundam consuetudinem , totam hereditatem obtinebit ; secundùm autem quorundam consuetudinem , postnatus filius heres est . item si filiam tantùm unam reliquerit quis heredem , tunc id obtinet indistinctè quod ●e filio dictum est . sin autem plures filias , tunc quidem indistinctè inter ipsas dividetur hereditas , sive fuerit miles , sive sokemannus pater earum , salvo tamen primogenitae filiae capitali messuagio sub formâ praescript● , &c. thus glanvill , harmoniously followed , and almost verbatim of d bracton , whose words on this argument are these : si liber sockmannus moriatur pluribus relictis haeredibus , & participibus , si haereditas partibilis ●it & ab antiquo divisa , haeredes ( quotquot erunt ) habeant partes suas aequales , & si unicum fuerit messuagium , illud integre remaneat primogenito , ita tamen quod alii habeant ad valentiam de communi . si autem non fuerit hereditas divisa ab antiquo , tunc tota remaneat primogenito . si autem fuerit sockagium villanum , tunc consuetudo loci erit observanda . est enim consuetudo in quibusdam partibus , quod postnatus praefertur primogenito , & è contrario , &c. hereunto let me subjoyn in the third and last place , that common principle amongst us , and obvious in our books , viz. that prescription in gavelkynd-land , as it is not e needful , so neither is it good . the reason is , whereof i pray take notice with me , that ( as mr. lambard hath it ) the custom of gavelkynd is general , spreading it self throughcut the whole shire , into all lands subject by ancient tenure unto the same , such places onely excepted , where it is altered by act of parliament , and therefore 5. edw. 4. 8. and 14. hen. 4. 8. it is said , that the custome of gavelkynd is ( as it were ) a common law in kent . having thus premised , i shall now make it my endeavour to shape such a resolution or answer to the propounded quaere , as may consist with these principles . and briefly , my answer here is negative , viz. that partition doth not owe it self barely to gavelkynd , either ex vi termini , by reason or force of that denomination , or ratione rei , from the nature or condition of the land ; that property alone of the lands being gavelkynd , or so called , not sufficing to render it partible . first , as for the name , the term , that that will in no wise bear it , is ( i conceive ) a thing sufficiently cleared in our discourse upon the first proposition , wherein the term is vindicated from that mistaken construction , by the errour of latter times obtruded on it , nor can such a derivation any way consist with the premised principles , partition in gavelkynd-land , from the term or denomination of it , being reducible to none of the there assigned causes of partition . as inconsistent also with those causes and grounds of partition ( that dichotomy or bipartite distinction of partible land into , 1 that by law , and 2 that by custome ) is the attributing that property of partition in gavelkynd , to the nature or condition of the land , there being no mention of any such third sort of partible land to be found in our books . if it be replied , yes surely ; for bracton is expresse for a partition ratione re● vel terrae , in the places above quoted , that especially where he saith ( as fol. 374. a. ) sicut de gavelkind , vel alibi ubi terra partibilis est ratione terrae . such indeed are his words , and withall 't is not to be denied , that such is the nature and condition of gavelkynd-land , being not onely subject and liable to what the civilians in their phrase are wont to call , judicium , or actio familiae herciscundae ; de communi f dividundo , the feudists , adaequatio , paragium , we in our language term it coparce●ary , land-shifting , and the like ; but withall so subject to it , as that partition doth alwayes accompany land of that nature ▪ and is indeed as inseparable from it as the contrary from knight-service land . whence then is it ? before i answer , observe first with me for an answer to these passages in bracton , that as before each of them , in one g place , we have his si haere●itas partibilis sit , & ab antiquo divisa , so likewise after them , in another h place , his tenementum partibile inter plures cohaeredes — & sempe● solet dividi ab antiquo . whereby ( conferring place with place , for reconciling bracton to himself ) we may plainly understand what is meant by those two me●ne or intervening passages in bracton , namely , that not the bare nature of the land , but ancient customes joyn● concurrence with it , is intended , and of him implied in each place , though not expressed , to render the land or inheritance partible . the like help , under favour , must be allowed glanvill , to reconcile his , sciendum autem quod si quis liberum habens socagium plures habuerit filios qui omnes ad hereditatem equaliter pro equalibus proportionibus sunt admittendi , lib. 7. cap. 1. fol. 46. a. to his , si vero fuerit liber sokemannus , tunc quidem dividetur hereditas inter omnes filios , quotquot sunt per partes equales , si fuerit socagium & id antiquitus divisum , eod . lib. cap. 3. fol. 49. a. briefly , were it so that gavelkind-land were partible by vertue either of the name or nature of it , without accession and concurrence of custome , then all lands as soon as granted out in gavelkynd , whereof examples are obvious , and till the i statute of quia emptores terrarum , frequent , were ipso facto partible , contrary to that common and received ground , whereof before , that none are such , i. e. partible with us , ( except that descending for want of males to females ) but what are so by custome . as then not to the name , so neither to the nature of gavelkynd-land alone , is such partition owing . and is it then to custome or prescription ? for the latter , 't is clearly repugnant to what is before laid down by way of grounds or principles , it being a known rule in our law , and obvious in our books , that prescription in our kentish gavelkynd , as it is not wanted , so neither is it admitted to come in plea. what say we then to custome ? surely , since neither to the name or nature of the land , nor to prescription , nor yet ( neither ) to the common law so diametrically opposite to it ; to that , i mean to custome , it is , or i know not else to what , that this partition mainly owes it self . agreeable whereto is that of k mr. lambard , where he saith , that no gavelkynd partition could be challenged , but onely where the custome of division had prevailed , and that , gavelkynd was not tried by the manner of the socage services , but onely by the touch of some former partition . but if so , then an objection here meets us resolved into a question thus , what shall then be said to gavelkynd land of novel tenure , upon the grant of lands , ●ill then happily holden in demesne , to one or more persons in gavelkynd , as was usual before that statute of quia emptores terrarum , and until when a man might create in his land what tenure he pleased , granting out ( as l bracton hath it ) in socage , what he held in knight-service , and è converso ? what , i say , shall we resolve concerning the point of partition here ? since no particular custome or usage of partition had ever took place , to give to such division either foundation or precedent . we are here ( me thinks ) threatned with a dilemma : for either the land was not partible , and why then called gavelkynd ? or , if partible , yet not by custome , being but newly turn'd from some other ▪ tenure into gavelkynd , and wanting both time and ( the daughter of it ) usage , ( the m essentials of a custome ) to render it partible that way . here then is work for an oedipus , but the resolution of the main doubt , to which i will now more closely apply my stile , will at once clear both . truth is then , that 't is neither from custome alone , nor yet from the nature of gavelkynd-land alone , that this partition springs , but partly from the one , partly from the other , and so from both together . it must be granted that gavelkynd land , ex sui naturâ , is partible thus far , and in this sence , that by an inherent quality , it is capable of partition by custome ; that indeed may and doth render it partible , as knight-service land properly it cannot , by reason of a repugnancie thereto in the nature thereof : but in this respect it differs not from socage land in general , which by the nature of it , is capable of partition , and by custome may be , and in many places extra cantium is partible , where the plea ( i take it ) ought to run , quod terra illa à toto tempore , &c. partibilis fuit , & partita , agreeable with that of glanvill , si fuerit socagium , & id antiquitùs divisum , which bracton seemeth somewhat more fully to explain by his , si haereditas partibilis sit , & ab antiquo divisa . now then , reddendo singula singulis , that such land is partibilis , i ▪ e. partible , ( the former part of plea ) is , in kent , from gavelkynd , elswhere , ( in particular manours at least ) from socage ; that it is , or rather was antiquitùs partita , i. e. anciently parted ( the pleas latter part ) is from custome or prescription : partition in the mean while in our gavelkynd , being but a single property or branch thereof induced by custome ; the term in its full latitude comprehending all other properties accompanying land of that nature and tenure , such as dower of the moyety , suffering for felony without forfeiture of estate , and the rest conteined in the kentish custumal , as properly depending of gavelkynd as partition doth , and in respect whereof the land may as well be called gavelkynd , as because of partition . but admitting socage-land to be generally , by the nature of it , consuetudine mediante , capable of partition , as well a gavelkynd , how comes it then to passe ( will some say ) that this partition-property is more appropriate to it than socage-land in general , and that they so much differ in their terms ? from the agreement of the kentish-men with the conquerour , ●aith the common opinion . i shall answer that anon . in the mean time , said we not but now , that custome is the thing whereto we ow this partition ? and if so , why then seek we any further after its original ? customes , we know , cease to be customes , when once they can be traced to their first beginnings , it being the main essential part of a custome to be of an unknown rise . but be it so , that custome carries such a stroke here , what kind of custome is it , or how shall we find such a custome for it , as may consist with gavelkynd-land of novel tenure , whereof before so often ? hic la●or , hoc opus est , here 's the point indeed . why , in short it is no other than a custome generally spreading it self throughout the whole countrey in land of that nature . what elswhere , i mean in other shires and counties , they properly call by the name of socage , whether free or base , we here in kent are wont to call by the name of gavelkynd : or if you please ( in n mr. lambards expression ) all socage ▪ service here properly so called , is clothed with the apparel of gavelkynd , and under it , in a large acception , is understood all such land within the county , as is not knights-fee , or knights-service land , the term serving here , as that of socage elswhere , to contradistinguish i● from knight-service land , as fief roturier , or rather ●nheritence roturier ( all other being improperly and corruptly called fief , or fee , that is not holden militiae gratiâ , the ground of all o fees ) is used in normandy to difference that from fief de haubert , or noble fief . now into all land of this kind , by a general or universal custome of the whole county , hath this property of partition been introduced ; insomuch , as what land was granted out in gavelkynd , by such as before held it in d●mesne or the like ; as , for want of time and usage , it had no particular custome introductive of that property of partition , so neither did it want the same , the generality of the custome extending it self to all censual land , or land letten out for cens , and sufficing to render it partible , as occasion should be offered , though but newly dimised . to this purpose p mr. lambard : although ( saith he ) i● were so that the land were never departed in deed , yet if it remain partible in nature , it may be departed whensoever occasion shall be ministred . granted out , i say , and holden in terms for cens , conceiving a necessity of that or the like expression in the habend●m , or other part of the grant , to make it capable of this and the other properties incident to gavelkynd , not intending here the very numerical word or term ( gavelkynd ) but that or some other of equivalent sence and signification with it , for example , reddendo such or such a sum de gablo , de censu , and the like ( whereof , for illustration sake , expect some copies of old grants in the q appendix to this discourse . ) these indeed , & such as these , were the more usual expressions in elder grants , that of tenendum in gavelkynd , & the like , being sought of me in vain before h. 2. dayes , nor afore-time doth the term occurr in any writing or monument whatsoever , save onely in this passage in spot ( st. austins monk and chronicler at canterbury ) who ●aith , that anno 1063. ( abbas ) tradidit terram de dene in gavelkende blakemanno & athelredo ●iliis brithm●●i . but from hen. 2. dayes downwards , it is obvious in many grants of land recorded and extant in the liegers of christ-church canterbury , the la●e abbey of st. austins there , and many other of the kentish religious houses , until about the time of that r s●at●te , quia emptores terrarum , which forbidding the letting out of land by any man to be holden of himself , and consequently cutting off all new tenures , and the creation thereof , stopped the current of all such grants of land in gavelkynd for the future . that such an expression , as tenendum in ( or ad ) gavelkynd , or the like , was necessary to render the granted land partible , after the custome of gavelkynd , without the help of prescription requisite in partible land elswhere out of kent , may in part appear by a record of a controversie happening now full 400 years agone , between one burga , sometime the wife of peter de bending plaintiffe , and the prior and covent of christ-church canterbury , deforciant or defendant , touching the moiety of the manor of well , by them granted to her said husband ad feodi firmam , challenged by her ſ tanquam francus bancus suus , which controversie was debated and decided in eire , and is recorded in the liegers of that church , from whence i shall present the reader with a copy of it , not unworthy his perusal in the fore-remembred appendix , scriptura 5. neverthelesse , it will here i think be necessary , that we distinguish times : for what at first in kent was only partible , because of the tenure in gavelkynd , i perswade my self was afterwards , in tract of time , partible , and did communicate with gavelkynd-land in that property , by being socage land , though not expressely holden in gavelkynd , it sufficing at length to shew ( as t mr. lambard hath it ) the custome at large , and to say , that the land lieth in kent , and that all the lands there be of the nature of gavelkynd . by what means this was wrought , or by what degrees our socage land arrived at this universality of partiblenesse , is not so easily discovered ▪ that the sundry favours of gavelkynd ▪ custome should iutice many to creep into it , and by one and one ( upon occasion of the intestine troubles that ensued the deprivation of king richard the second ) to shroud and cover themselves under the safety and shadow of the priviledges that do wait upon it ; is an opinion of some , whereunto i cannot subscribe , as conceiving no tenures in gavelkynd to be so late as rich 2. dayes , which this opinion would infer ; with what consistencie with the u statute of quia emptores terrarum , made so long before , and prohibiting the creation of new tenures , i cannot see . but to let the manner passe , the thing ( the over-spreading the countrey in processe of time with this tenure ) is very obvious and apparent , witnesse an ancient statute ( made anno 18. hen. 6. cap. 2 ) taking knowledge , that there were not at that day within the shire above xl . persons , which had lands to the yearly value of xx . pounds , without the tenure of gavelkynde ; and the greater part of this county , or well nigh all , was then within this tenure . to proceed , ascribing this property of partition in gavelkynd-land to the custome of the countrey , what shall be said then to the partible land ( more or lesse ) abroad in other counties ● is such gavelkynd-land , and so to be called , or not ? or is it from gavelkynd that such partition there obteins ? i conceive not . for first , our kentish gavelkynd custome , considered collectively , with respect to all its branches , is not to be restrained to this one particular property , but ( as before is intimated ) consists of many other as singular properties besides , and which may as well challenge a share and right in the customes name , as may that of partition , such as is dower of the moyety , not to forfeit lands for felony , and the like ; and though in point of partition it may be like ours in kent , yet in other properties incident to our gavelkynd , it might , and no doubt but doth differ from it . besides , that such partible land elswhere should be called gavelkynd , will not stand with out premised grounds , excluding ▪ prescription in gavelkynd land , whereas in such places abroad , though haply not in whole counties , yet in particular manours , i conceive it 's necessary , even in their gavellonds , whereof i find mention made in several manours out of kent , as some in kent , to shew , quod terra illa à toto tempore , &c. partibilis fuit & partita , the accustomable actual partition of it being there as necessary to be pleaded and proved , as its capability of such a property . add hereunto , that if all partible land were gavelkynd ( rendred such by partition alone ) then were x bractons , sicut de gavelkynd vel alibi ubi terra est partibilis ratione terrae , an improper expression . we are told that this custome of gavelkynd partition takes place , ( hath done at least ) in other countries , or counties besides kent , and littleton instanceth in north-wales . but what custome , i pray ? a custome indeed , like to that in the scottish y socage land , of partition ; that 's true , and testimonies of it are obvious , such as , besides that of littleton , statutum walliae , the welch history , and some acts of z parliament . but still , i say , no gavelkynd-custome , taken in its true , plenary and compleat acception , comprising all the properties of it obvious in the custumal . as then for other countrey-mens communicating with us of kent in the tenure , i conceive it first came up , by way of imitation of our example , in ireland especially , and amongst the welch-men , in whose vocabulary or dictionary the word is sought in vain , as it is also in that old statute which concerns them , ( statutum walliae . ) where though mention may be found of a custome there obteining of partition of their lands , like to that of our kentish gavelkynd , yet without any one word of gavelkynd . and if perhaps it may be found in their deeds , charters , or other records , yet ( as one a saith in a case not much unlike conditioned to this of ours , whose words with very little variation i shall therefore take up here : ) suspicari licet hanc vo●em pluribus illorum chartis actisque publicis , n●n tam illorum quàm pragmaticorum usu ac instituto invectam . i. e. 't is to be suspected that it had its imposition , and was first transmitted hither by our lawyers , who borrowed the term to make use of it for illustration sake , like as of late ( i am perswaded ) the parliament did in that stat. 34. hen. 8 cap. 26. where the term of gavelkynd haply is but borrowed , to help describe and illustrate that partible quality there mentioned of the lands in wales , which i am the more induced to conceive , because in a former statute concerning wales , namely that of the 27th of the same king , cap. 26. making mention of this partition , gavelkynd is not at all remembred . in imitation then ( as i conceive ) of the kentish-men , the generality of whose partible land of long time hath notoriously been known by that title , and whose lands alone of all the counties of england at this day be of the nature of gavelkynd of common b right , this name or term of gavelkynd in lands elswhere of like condition in matter of descent , hath been taken up and is reteined . by that which hath been said , i may be thought to incline to their opinion , who hold that socage and gavelkynd are synonyma , terms identical , and of one and the same signification here in kent , and that consequently what land here is of gavelkynd-nature , is of socage-tenure ; as on the other side , what land is of socage-tenure is of gavelkynd-nature . i answer , no : for i require in this case , i mean to make socage land here in kent ipso facto partible , after the custome of gavelkynd , that it be granted out and holden in gavelkynd c expressely , or in terms equivalent , as i said before , yet with that distinction oftimes wherewith i there qualified it . notwithstanding , i am not of their mind , who distinguishing between free and base socage in kent , make the natures of their descents divers ; the free socage ( say they ) descending to the eldest alone , the base falling in division between him and all his brethren . thus d mr. lambard in the person of others ; to help justifie whose distinction , with the inference upon it , he there exhibits an inquisition taken after the death of one walter culpepper , making mention of divers parcels of land and annual rents holden by the deceased at his death , some in liberum feodum , others in gavelkynd ; the former of which , by the verdict of the jury , was to go to the deceaseds eldest son e alone ; the latter , in common amongst him and the rest of his brethren . thus the inquisition , which ( as mr. lambard there follows it ) cleerly distinguisheth free socage from the gavelkynd , interpreting , it seems , liberum feodum there by free socage , and it may be rightly ; however i crave leave of dissent , and ( as it is but fit ) shall give my reasons : for my part , i never found free socage any where expressed by that term , or in latine rendred liberum feodum , nor perhaps to those of more diligence , and more conversant with our law-records than my self , hath it ever occurred under that notion . nor have i met with any free socage , as this here , not subject to the rendring of some kind of service , either in denari●s , or otherwise . by liberum feodum , i understand sometime feodum militare , which is often in old records called liberum feodum . in a very ancient f rental of southmalling manour in sussex , we have this title : liberi feodi , and under it : godefridus walensis tenet 111 feodos milit . in tenemento de malling , & quartam partem unius feodi apud terring per liberum servitium armorum suorum . willmus de bransa tenuit apud adburton unum feodum militis , per liberum servitium armorum suorum . and so some others . apposite here is that of g bracton : notandum ( saith he ) quod in servitio militari non dicitur per liberum servitium , & ideo quiaconstat , quod feodum tale liberum est , &c. sometime also by liberum feodum , i understand ( what i conceive it doth principally denote unto us ) frank fee , that is , by the feudists definition , such pr● qu● nullum omnin● servitium h praestatur , and therefore is of them reckoned inter feudastra , or feuda impropria . and such as this seemeth to be meant by liberum fe●dum in that inquisition , because it is there in terminis expressed to be holden ( just after the manner of frank fee , by the precedent definition of it ) absque aliquo servitio inde faciendo . and if frank fee , then in probability not socage : for as all the land in the realm ( say our books ) is either ancient demesne , or frank fee , so none ( say they ) is to be accounted ancient demesne , but such as is holden in i socage . frank fee then being opposed to ancient demesne , which is socage , cannot it self be socage . nor will bractons distinction of socage into liberum and villanum , applied to that difference in mr. lambard , of free and base socage , by which the one should consist of money , and the other of base services , be warranted ( as himself there observes ) from the ensuing inquisition , some lands being therein denoted to be of gavelkynd-nature , which neverthelesse do yeild none other but money alone , and none there of that nature charged with works , besides that of suit of court , improperly called works , as not coming under the notion either of manuopera , or carropera , to which double head all works of this kind are wont to be referred . hence let none perswade themselves , that gavelkynd-land was not , or by its nature is not liable to works : for albeit that 66. of king ina's laws in the archaion , seemeth to counter-distinguish gaf●l , and w●rk ; and though moreover gafolland and werkland occurr in some manours out of kent , as of a distinct and different nature , ( yet both servile , and opposed to what there is called terra libera , denoting , i suppose , free socage ) yet most certain it is , that both gablum and opera do often meet , and are found in gavelkynd-land . witnesse the old custumal of monkton manour in thanet , belonging to the church of canterbury , mentioning the particulars of what servile works the tenants there stood charged with for the 18 swolings ( so many plough-lands , i take k it ) holden of the monks in gavelkynd . witnesse also this passage in king johns charter made to hubert the archbishop , for the changing gavelkynd-land into knights-fee , at large exemplified by mr. lambard , peramb . pag. 531. xenia , averagia , & alia opera quae fiebant de terris iisdem convertantur in redditum denariorum aequivalentur . witnesse in the third and last place ( not to multiply instances in a case so cleer ) an inquisition found after the death of isabella de monte alto , widow , sometime of orpington , recorded in a lieger of that cathedral , whereof expect a copy in the appendix , scriptura 10. 't is true indeed at this day , and time out of mind ( haply from richard the seconds l time ) such servile works ( properly called villein-services ) have been , as they still are , intermitted , or rather quite ceased ; insomuch as all our gavelkynd-land , in point of service , now differs nothing from free socage , as it stands described and defined of bracton ; being such ubi fit servitium in denariis , ( to use his own words ) all the tenants burthen , his whole service , being onely servitium crumenae , pecuniary , such as payment of money for rent , suit of court , and such like ; nay , in many grants of land in gavelkynd that i have seen , i find no tie at all upon the tenant , no covenant or contract between his lord and him , to require of him any such base services , there being ut communiter , and regularly , a reservation onely of rent in money , suit to his court , or the like : yet i must tell you ( as a reason hereof , in my judgement ) that , though gavelkynd , in the genuine sence , sound land letten for gable , cens , or rent , consisting chiefly in denariis , ( whence in an old m custumal of eastry manour in kent , i read : in eodem manerio mutati sunt octo cotarii pro gavelkende . medlef●rm tenet unum messuagium , tres acras , quae solent esse cotar . modo reddit xl . d. de gablo , and so divers more , which haply will be better understood , if i add what occurrs in an old accompt-roll of the archbishops manours for the year 1230. in charing bailives receipt : et de xiij . s. iiij . d. de fine cotariorum , ut coteriae suae ponerentur ad redditum : ) yet commonly upon such grants in gavelkynd , the tenant pare●d with such a sum of money to his lord , in gersumam , i. e. in consideration of that grant , and by way of fine , as may seem equivalent to the base services otherwise imposeable and to have been charged upon that land , and upon the tenant in respect thereof ; or if not , probably , ( as in gavelkynd-land , by vertue of king johns fore-mentioned charter , turned into knights-fee ) he had his rent inhanced and augmented to an equivalent value of his services to be redeemed ; the cause in chief of the excuse of gavelkynd-men from base services of latter times , and at this day , being ( i conceive ) no other than the tenants buying them out , and consequently the change of the same ( as littleton hath it of socage in general ) into money , by the mutual consent of lord and tenant , whereof expect some examples to be presented in the appendix , scriptur . 11 , and 12. in the mean time have here an instance or two taken from some old accompt-rolls of the archbishops manours of this and that summe paid & received for enfranchising the land from customes and services , and changing it into knights-fee , whereof in the last-remembred accompt-roll , and in the receipt of ce●ring ( now called charing ) manour there : et de ij . s. ix . d. ob . de incremento redditus thomae de bernfeuld de termino sancti johannis , ut terra sua de caetero sit libera de consuetudinibus per feodum militis . et de xiiij . d. quad . de incremento redditus thomae de bending , ut terra sua sit libera per feodum militis , de termino s. johannis . and so some others there , as also in maidstone and other archiepiscopal manours , and such may well be reckoned among lands of that sort , which in a copy of the book of aid , cited by n mr lambard , are noted to be holden in knights-service , per novam licentiam archiepiscopi . but to return to our gavelkynd , which if not extensive to free socage , they may seem to stand in need at this day of some other character ( to keep them unconfounded ) than bracton in the definition and description of the latter doth propose , in regard the service of both equally consisteth in money . to recapitulate now what hath been delivered concerning partition in kentish gavelkynd-land : it is ( as hath been shewed ) neither from the name , nor from the nature of the land alone , nor from prescription , nor yet from any particular custome , that this property there proceedeth ; but partly from the nature of the land , and partly from custome , not ( i say ) a particular one , but a general custome extended throughout the whole county in censual land , or land letten for cens , or ( what is all one with it ) gavel , or gafol , to say , holden in f●ef ( or inheritance ) roturier , as called in normandy , and other parts of france ; the antiquity whereof , and how beginning in kent , and why more general there than elswhere , shall be the argument of our next discourse . proposition iii. the antiquity of gavelkynd-custome , ( in point especially of partition ) and why more general in kent than elswhere . master lambard o inclines in his opinion to conceive this custome brought hither out of normandy by odo ( earl of kent , and bastard brother to king william the conquerour ) and that we received it thence by his delivery ; an opinion inconsistent with the custumal it self of his own edition , the very close whereof ( if it may be credited ) layeth challenge to the custome before the conquest . for my part i conceive it may carry an antiquity far greater than the time of the norman conquest , being probably as old ( in the name i mean , i will not say in all the properties of it , though happily i may in point of partition ) as gafolland it self , from which ( if considered in the term ) it as little differs in sence as in syllables ; to what our saxon ancestours called gafolland , their successours , and we at this day ( for a fuller expression of the nature of it ) having added one syllable , and so calling it gavelkynd-land . yet i would not be thought of his p opinion , who would bear the world in hand , that the commons of kent continue their priviledges by means of a composition entred with the conquerour at swanscomb . no , under favour , we ow them not to that , or any other such like specious stratagem , nor are beholding either to stigand the archbishop , or egelsine the abbats policie to contrive , or to their and our countrey-mens valour to compasse , their continuance for us in such a way . i am not so prodigal of my historical faith , as to cast or squander it away upon commentitious fables : for i account this no better , however swallowed of the vulgar , whom i dare not to encounter in any dispute about it , as despairing of successe , though using never so effectual convincing arguments to dis-ingage them in the belief of it ; and therefore appealing from them , i shall apply my self to the more literate and judicious , by intendment not so tenacious of a specious tradition , but that they can with patience both hear it questioned , and , if occasion be , refuted ; not unwilling to desert it , if , upon trial , it may prove unsound and spurious , and accounting it as thank-worthy to discover an old errour , as to deliver a new truth , especially since truth is not more often , nor more easily , lost by too much altercation , than errour is contracted and continued by too little . i will not undertake , nor do i mean to make it my task here , to shew how it came to passe , that gavelkynd is in a manner proper , and villenage improper onely to kent , no other county partaking with it , either in that degree of commonnesse and universality wherewith kent is overspread of the former , or in the immunity it enjoyes from the latter ; the finding out the true cause whereof hath not escap'd my diligence , although my skill i confesse it hath . but , be that as it will , and albeit i cannot in the affirmative shew what was , yet in the negative , that this was not the means whereto we ow the continuance of our gavelkynd-customes at and since the conquest , shall be my next assay to prove , and that by shewing what more than suspition of errour this monkish relation ( for such it is ) deserveth to fall under with men of unbiassed and dis-ingaged judgements . but first , will it please you to hear the story it self , as it is already englished by the illustrious authour of the illustrations upon the poly-olbion , pag. 302. who there suspects the same as not of clear credit . when the norman conquerour had the day , he took his journey towards dover castle , that he might with the same subdue kent also ; wherefore stigand archbishop , and egelsin abbat , as the chief of that shire , observing that now whereas heretofore no villeins had been in england , they should be now all in bondage to the normans , they assembled all the county , and shewed the imminent dangers , the insolence of the normans , and the hard condition of villenage : they resolving all rather to die , than lose their freedome , purpose to encounter with the duke for their countries liberties . their captains are the arch-bishop and the abbat . upon an appointed day they meet all at swanescomb , and harbouring themselves in the woods , with q boughs in every mans hand , they incompasse his way . the next day the duke coming by swanescomb , seemed to see with amazement , as it were a wood approaching towards him , the kentish men at the sound of a trumpet take themselves to arms , when presently the archbishop and abbat were sent to the duke , and saluted him with these words : behold , sir duke , the kentish men come to meet you , willing to receive you as their leige lord , upon that condition , that they may for ever enjoy their ancient liberties and laws used among their ancestours , otherwise presently offering war ; being ready rather to die , than undergo a yoke of bondage , and lose their ancient laws . the norman in this narrow pinch , not so willingly as wisely , granted the desire : and hostages given on both sides , the kentish men direct the normans to rochester , and deliver them the county , and the castle of dover . thus spot , st. austins chronicler at canterbury , living under edw. 1. he , i say , and onely he , and such others as of latter times write after his copy : for before him , and in that interim of more than 200 years , between the conquest and the time he wrote , no published story , no chronicle , no record of any kind , kentish or other , may be found to warrant the r relation ; a matter the whilest so remarkable , as , if true , not likely to escape all our historians pens that were before him , those especially about the conquest . amongst which ſ ingulphus silence is the more remarkable , since he is so particular and punctual in relating and recounting the conquerours oppugners , and their proceedings . when afterwards rochester castle , kept by odo the conquerours brother , against william rufus in the year 1088 , was by him besieged ( a thing of as small moment at least as this ) why , all the stories with one consent were full of it , particularly malmesbury and paris ( amongst other occurrences ) tell of a much declined nick-name , wherewith those were threatned that should refuse to come to the kings assistance in that action , which the former hath nidering , the latter , nithing , quod latinè nequam sonat , say both , and rightly , if it come , as i conceive it may , from the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. nequitia , malitia , as it is in several places found in their t psalter ; a nick-name this , of such infamy , as fastened upon the most detestable and barbarous villeins , such as were guilty of despoiling and rifling the dead , which the 83. of hen. 1. laws calleth weilreif , a term ( identical , i take it , with walaraupa in the legis boîor . tit . 18. cap. 3. parag . 1. ) which textus roffensis thus illustrates in a place : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i. e. ( according to the latine version in jornalensis , where this law occurrs , as the 2●th of those of king ethelred , at vaneting : ) wealreaf . 1. mortuum refare est opus nithingi : si quis hoc negare velit , faciat cum xlviij . thaynis plenè nobilibus . this ( of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) is that surely which the old glossary ( new set forth ) at the end of hen. 1. afore-said laws , harps upon , in the word refare , and is there glossed by opus nithingi , as also in the word wealreaf . but to return to our story , that i mean of the siege laid to rochester-castle , which though of as small , if not lesse , concernment than the other here in question , could find many chroniclers to record it , and must this needs escape them all , till spot had got it by the end ? besides , observe with me ( what mr. selden there , and mr. lambard before him both note ) his commixture of u a falsity about villenage , affirming it was not in england before that time , which is apparently false by choice of testimonies , both from our laws and other saxon monuments , so obvious as i will spare to repeat them , setting that aside until i have dispatched the main matter of the story , the composition , i mean , between the conquerour and the men of kent , with the occasion of it , which as it wants the warrant of confirmation by other elder historians , not onely silent of it , but agreeing in asserting an universal conquest , so in ●lat contradiction of it , we find cleer testimony in florentius wigorniensis and roger hoveden , of our counties fellow-suffering with her neer and more remote neighbours of sussex , surrey , hampshire , middlesex , &c. in the devastations , depredations , and other miseries of a countrey invaded , subdued , and ( at least in some parts ) harried by the norman conquerour , immediately upon that signal victory of his over the english , at the place where afterwards he founded that abbey , from the battel there fought , called battel-abbey in sussex . you shall have my authours own words : interea ( say they , x having but newly told the story of that fatal battel : ) comes gulielmus suthsaxoniam , cantiam , suthamtunensem provinciam , suthregiam , middelsaxoniam , herefordensem provinciam devastabat , & villas cr●mare , hominesque interficere non cessabat , donec ad villam quae beorcham nominatur , veniret : &c. to this let me add a passage from the story of the same spot , where , after mention made of an annuity , or rent-charge given to his abbey , by one sulburga , the lady of brabourne , about the year 861 , he subjoyns this : istum redditum ( saith he ) & jugum terrae apud horton , & terram de hengestehell juxta wivelesburgum , hugo de monford abstulit , cui & episcopo baiocensi willi●lmus bastardus fere omnes terras cantiae contulit , contradicentibus monachis , sed minimè praevalentibus . now if the conquerour seized almost all the kentish lands , and gave them to his brother , the bishop y of bayeux , and hugh monfort , ( as you may find further verified by domesday book , with cleer evidence of the like distribution generally throughout the kingdome , whence that of z inguiphus : deinceps ergo comitatus & baronias , episcopatus & praelatias totius terrae suis normannis rex distribuit , & vix aliquem anglicum ad honoris statum , vel alicujus dominii principatum , ascendere permisit : ) how is it likely that kent should escape or speed so well , as by that specious story of the swanescomb encounter and accord , the monk would bear the world in hand ? truth is , by the way , the harpies of those rapacious times ( the conquerours kinsmen and countrey-men ) laid about them notably for the fattest morsels they could find in most places , out of church-lands a especially : ( tempore autem praedicto normannorum , quo dux willmus cum suis armatis copiis angliam intravit , vastavit , penitùs & subegit , omnia in praedam data sunt , &c. quoth gervase the monk of canterbury ) and what with force on the one hand ; and flattery on the other , obteined so many , as at length the pressure gave occasion to the religious of those times for a general complaint thereof unto the conquerour , with petition for redresse , and amongst the rest , the monks both of st. austins , and of the cathedral at canterbury , particularly seem to joyn in the remonstrance ; whereupon ( for the former ) the conquerour directs a writ , brief , or charter to lanfrank the archbishop , &c. for redresse of what wrong in that kind had betided the place , of such tenor as you shall find in the appendix , scriptura 13. and for the cathedral , besides a particular charter granted by the conquerour to the monks there , ut praedicti monachi potestatem habeant terras suas dandi & tollendi ubicunque eis melius visum fuerit , quicunque tas teneat : &c. they shew a general writ of his to archbishop lanfrank and others , for the restitution and reseizing of whatsoever had been taken from the bishopricks and abbeys all the kingdome over , whereof it seems they had particular occasion to make use , both by their care to record it , ( as an evidence much concerning them ) in their leigers , as also by the record they likewise there keep of the plea between their said archbishop , and the foresaid odo , at pinenden , whereof , from the records of the church of rochester , which it equally concerned , mr. selden in his notes upon eadmerus , pag. 19. hath given us a copy ; a pregnant evidence for our present purpose in many respects . this last named charter , because it may be the first that ere you saw of this nature in print , and may conduce to a right judgement of spots story , i shall advisedly recite at large in the appendix , where you shall find it , scriptura 14. but ( no longer to digresse ) be further advertised ( good reader ) that whereas by spots relation , the conquerour was opposed by the kentish men , in his march through west kent towards dover , and after composition with them at swanescomb , was by them conducted to rochester , and put in possession of the county , together with the castle of dover ; the very truth is , by the more credible relation of b gulielmus pictavensis ( a writer of the same time , and the conquerours own chaplain , followed by c ordericus vital●s ) the conquerour , after his victory neer hastings , made not first to london , and then to kent , but after fe●ling his affairs about hastings , presently took his journey towards dover d by the way of romney , where having avenged himself of the savage kind of inhabitants , for the slaughter of certain of his men , by some mistake landing at that place , ( of pictavensis called romanaerium for romaneium , as of ordericus rightly named ) he thence advanced on to dover ; whither , though a numberlesse multitude of people had betaken themselves , as to a place , by reason of the castle , inexpugnable , yet dismayed with the conquerours approach , the place with all readinesse submitted to him , who , after eight dayes fortification of it , marching from thence , at a place not far from dover , the kentish men of their own accord came in to him , sware him ●ealty , and gave hostages for performance . marching then onward , and understanding where stigand the archbishop , with the earls edwin and morcar , and other english nobles ( who conspired to set up edgar etheling , king ) were assembled , he made towards them with a strong power , and sate down not far from london ; whence certain companies issuing out against him , he , with 500 of his horsmen soon repelled them , forcing their retreat back into the citie , not without the slaughter of divers by the way . this action was followed with the firing of all buildings whatsoever behither the river ( of thames . ) passing over which , the conquerour removed to wallingford , whither archbishop stigand , and other of the english nobility followed him , and deserting young edgar , made their peace with the conquerour , receiving him as their sovereigne : whose example the londoners soon following , rendred themselves also to the conquerour , and ( as the kentish men had done ) delivered him hostages ; such , both for number and quality , as he required . thus gulielmus pictavensis followed ( as i said ) by ordericus vitalis , a writer of , as it were , the same time . by which relation it is evident , that the conquerour intending for kent , did not set out ( as spot insinuates ) from london or those parts , but on the contrary ere he went to london , made himself sure of kent , by taking dover castle , ( the lock and key , as one e cals it , of all the kingdome ) and from thence , after the kentish mens voluntary submission to him , marcheth towards london . now , from the silent passing over most of these particulars in other writers , of and about this authours time , all save onely ordericus vitalis , let none call the truth of them in question , since their undertakings were for compiling a more general story , than that of the conquerour alone , who therefore were more succinct and summary in their relations , advisedly ( by their own confession ) pretermitting many particular passages . ingulphus , after a summary relation of the conquerours acts at his first coming in , excuseth his brevity thus : summatim namque ac carptim victoriosissimi regis gesta narro , quia secum sequi annuatim , passimque scribere gressus suos non sufficio . whereas , on the contrary , this authour ( pictavensis ) undertaking onely the acts and life of the conquerour , ( whose chaplain he was ) sat himself to exspatiate in all memorable occurrences . besides , ( which i cannot but observe , as tending much to the credit both of our authour and his relation ) although gemeticensis ( a writer of the same time ) balk the most of these passages ; yet excusing himself also for his studied brevity , he refers the reader to our authour , for fuller intelligence , making mention of his story ( like as ordericus vitalis also doth ) with great applause , in these words : f his per anticipationem breviter intimatis , ad finem gestorum willelmi regis anglorum , & ducis normannorum , de quibus fastidio lectorum compendiosè consulentes , quaedam pers●rinximus , veniamus . si quis verò plenius illa nosse desiderat , librum willelmi pictavensis , luxoviorum archidiaconi , eadem gesta sicut copiosè , ita eloquenti sermone affatim continentem , legat . of whom ordericus vitalis g further thus : ipse siquidem praedicti regis capellanus longo tempore extitit , & ea quae oculis suis viderit , & quibus interfuerit , longo relatu vel copioso indubitanter enucleare studuit . thus far then in way of refutation of spots story in grosse , or in the general ; a meer monkish sigment , i conceive , politikely devised , and with a design to bring a perpetual obligation on the kentish men to his own abbey , as owing ( forsooth ) the continuance of their ancient liberties partly to a quondam abbot of the place : even much such another , as that of the devils attempt upon s. pancras chappel to overturn it ( whereof in the antiquities of canterbury , pag. 61 ) smelling too much of the legend , and invented doubtlesse for the greater glory of the abbey . now descend we to the result of the story , and the inference upon that meeting , made by spot and his followers , which in short is , that hence , or hereupon kent received her pristine priviledges , instancing ( some of them ) in gavelkynd for one , and particularly that hence , as formerly kent ( participating in common with the whole kingdome in that point ) had no villeins , so by that means from henceforth ( by a singular priviledge above other counties ) it never had any . indeed , ( which i note as adminicular to this assertion ) among the articles by which the auditours of our cathedral were to take accompts of the bailives of that churches manours out of kent , recorded in an old lieger there , these are some : 1. de cens●riis nativorum quod possint exire tenuram domini ad laborandum & operandum extra , & statim post operaredire . 2. de finibus nativor . profiliabus suis maritandis infra tenuram domini . 3. de finibus nativor . postmortem patrum suorum , quod possint habere terras quas p●tres habuerunt , tenendas ad voluntatem domini , secundùm consuetudinem maneri●rum : whereas in the like articles for the manours in kent , not one of these occurr ; but , as if improper for the manours of that county , all are quite omitted , to the manifest confirmation of spots acquitting kent of villeins and villenage . true , i confesse , nor can it be denied as to those dayes , the time i mean when those articles were set on foot , which , judging of their age by their character , seemeth to be about edw. 2. dayes : but that there were none at , or after the conquest ( the point in issue ) is under favour an assertion little truer , if not fully as false , as that other of his concerning the composition with the conquerour . for proof whereof , to say nothing of hubert ( the archbishop of canterbury in king johns time ) his acquitting both his own and the monks possessions , amongst other burthens , from that of villenage , because possibly this priviledge might concern their possessions elswhere , and not in kent : i appeal to a writ of king edw. 2. anno regni sui septimo , to the assesso●s of a tenth and fifteenth in the county of kent , in the behalf of the abbat of spots own abbey ( st. austins ) and his villeins , whereof you may find a copy in the appendix here , scriptur . 15. followed with another of a very rare deed or charter of about h. 3. time , taken from an ancient manuscript chartulary of the very same abbey , now remaining with sir thomas cotton , which i must confesse to ow to the cour●es●e of my late learned friend sir simonds d'ewes , cleerly shewing villenage to have obteined and taken place in kent , and even in our gavelkynd ; a tenant to that abbey of certain land in gavelkynd doing homage to the abbat there for the same , expressely as for villenage , and covenanting to perform as much service to his lord , as to the same villenage apperteined , as by the deed ( which whether i should more value for it self , or for the hands sake that reach'd it to me , is with me some question ) more fully may appear , scriptur . 16. add hereunto , that the laws of hen. 1. cap. 76. make mention of villani in kent : differentia tamen weregildi multa est in cantia villanorum & baronum . so that chapter is concluded . to ascend yet higher , in domesday-book , and in the kentish survey there , villani frequently occurr , by which , if , after the common opinion of modern and some elder lawyers , bond-men ( such as of latter times and at this day we call villeins ) are not to be understood , but rather ( after the k mirroir ) cultivers de fief demorants en villages uplande ; car de vill est dit villein , &c. or , in fitzherberts expression : base tenant , qui fesoit villein service , mes ne fuit pas villein . i ▪ e. a base tenant , that doth villein service , but neverthelesse is no villein ; then , to put the matter out of all ●oubt , know that besides villani , you may withall find , and that in divers several manours too in that kentish survey ( particularly in the bishop and church of rochesters manours of southfleet , stone , falkham , woldham , trottesclyve , snodeland , halling , frend●bery , &c. ) expresse mention of servi , which of all hands is confessed to denote men of servile condition , bond-men , or bond-slaves , villeins . and take along with you this note by the way , that the pretended composition in spot , by which he will have kent for the future conserved in her immunity from villenage , did for many years antedate the time of this survey ; that , pretending to the conquerours first coming in ▪ this , not beginning , at the soonest , untill about fourteen years after . i might follow this with some pregnant passages to this purpose , such namely as that in the old l custumal of ickham manour in east kent : et isti cotarii nusquam capient auram nisi apud ickham vel brembling : such ( secondly ) as that in a like ancient m custumal of tenham manour : quaelibet coteria tenet unum messuagium , tres acras , & debet metere 8 acras , &c. et facie●t quicquit serviens de manerio praeceperit : such ( thirdly and chiefly ) as that in the n will of one sir william septvans knight , sometime owner of milton neer canterbury , dated anno 1407 : item lego adam standerd , thomae hamonde , roberto standerde , roberto chirche , & johanni richesforde servis & nativis meis , pro bon● servitio mihi ab eisdem facto , plenam libertatem , & volo quod quilibet eorundem habeat cartam manumissionis sigillo meo signatam , in testimonium huj●smodi meae ultimae voluntatis . i might add , that , what in confirmation of the probability of spots story is added , viz. that hereupon the king so stomached the archbishop , as to put him by his place and office in his coronation , hath no support or warrant from any story of those times , all which , with gervasius dorobornensis , a monk of his own church , agree in the yeilding and rendring other reasons hereof , chiefly his being interdicted his episcopal function , for invading the see of canterbury , robert the archbishop being yet alive , and undeprived , and holding it and winchester both together : which is the more probable , because for the same reason four years before , wolstane the elect of worcester refused to be consecrated bishop by him , and was sacred by aldred , the archbishop of york , as the monks of worcester and westminster have it in the year 1062. but to keep to our villenage , which apparently is traceable in kent sithence the norman conquest . nor indeed seemeth it to have been otherwise here ( in this particular o● bond-men , or villeins ) in the times before the conquest ; witnesse ( besides the mention of such in the o saxon laws of ethelbert , lothaire , and eadric , all kentish kings ) an old saxon tripartite deed or charter purporting a contract of marriage , which , because it may serve to exemplifie the manner of espousals in those elder times , and is a great illustration to a model or constitution of that nature exhibited of late by sir hen. spelman , concil . tom ▪ 1. pag. 425. and mr. whelock , in his late edition of the saxon laws , pag. 60. i shall tender it to common perusal , from that part of it left and laid up at christchurch , transcribing it in the appendix , scriptur . 17. before i proceed , having made mention of that constitution , touching the manner and rights of espousals , let me ( so fairly occasioned , with excuse for the digression ) help to rectifie the edition with some animadversions , which to me it seemeth much to want , in the saxon especially . first then i conceive , the first word of the second chapter in the saxon copy , viz. ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) as belonging to the precedent chapter or article , ought to be taken thence , and placed as the very last word of that precedent article , and so we are to read it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , .i. according to the latine copy , & pleg●ent ( rather ▪ ●ide jubeant ) ho● amici sui . in the next , or second article , i conceive the two last words there , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , belong to the next , the third article , which consequently is to begin the●e . as imperfect is that article in the end as in the beginning , wanting to perfect it , the whole first line of the next ( the fourth ) article , viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he ▪ all which , i say , belong to the precedent article , the fourth being to begin at 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which i conceive not well turned ( as in the new version there ) by ●i quidem eve●iat , being rather , under favour , thus to be rendred : si sic conveniat , and th●s indeed runs the old version in the precedent page ; and so ( to passe by some intervening literal mistakes ) is that in the close of the sixth article , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , by satis●ationemque accipiant de celebrandis ●uptiis . the old version here is : et excipiat inde plegium qui jus habet in vadio . i once pitched upon this version : satisdationemque inde a cipiant qui sponsalia ordinaverint , i. e. paranymp●i . but leaving that , to return to our purpose . by what is premised , i conceive we have ground enough to conclude against what spot singularly delivers touching the conquerour and kentish mens meeting , with the manner , product , and result of it ; and consequently , what is built upon it , our counties reteining her gavelkynd-customes and priviledges by means thereof . but after this pulling down with one hand , to help build up another while with t'other , and not to leave the cause of our enjoyment of those liberties ( that especially of partition , the more eminent property in gavelkynd ) thus uncertain , let us enquire into the carriage of affairs of this nature about the times of the conquest , when they say we obteined to preserve and continue this ( amongst the rest ) by composition with the conquerour , whilest the rest of the kingdom was deprived o● it ▪ i say deprived , because as p privatio praesupponit habitum , so those who are of this opinion take it for granted , that before the conquest ▪ by vertue of a national custome first induced by the saxons , and by them traduced from the germans , intended by ta●itus in his haeredes successoresque sui cuique liberi , &c. and afterwards incorporated into our laws by q king can●●us ▪ inheritances descended and were partible after the nature and manner of our gavelkynd , at this day . so of late ( amongst others ) sir hen. spelman , in his glossary , ve●b . gav●l●●um ▪ daniel in his history , ●ol ▪ 38. verstegan in his antiquities pag. ●7 . archbishop parker in his antiquitates britannicae , pag. 108. and mr. lambard , in his glossary , verb. terra ex scripto , though afterwards in his perambulation , pag. 545. he is found to crosse himself herein , by saying that this custom was brought hither out of normandy by odo the conquerours brother . now 't is true , and not to be denied , that by these laws of canutus inheritances were partible ; but how ? it may be equally , ( like our gavelkynd ) but it is not so expressed , nor do the words inforce it . it 's ordered there indeed , that a partition of the estate be made , in the one , between or among the wife , children , and next of kin , by the lord ; in the other , by the heirs among themselves ; in both , not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 emne , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. equally , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; in the former more explicitely thus : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. i. e. ( according to the old version in brampton ) unicuique secundùm modum qui ad eum pertinet . here is now no equal division spoken of , no equalling the younger with the elder brethren , or the like . but the estate is to be shifted 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. according to right , justly , or if you will ( after the old version of the latter law in brampton , being the same verbatim with that in mr. lambard r elswhere ) rectè , every one to have his due , haply after a geometrical , not arithmetical proportion . again , not by equal proportion , in point of goods at least , for each was to partake therof , ( as in the gavelkynd partition ſ in ireland , each one a part according to their quality , degree , or desert ▪ ) prorata , happily their reasonable part , whence indeed some do fetch and ground a writ we have among us , called rationabili parte bonorum ( concerning which there is a question in our books , whether it lie by the common law , or by the custome onely of some t countries , and whose footsteps may be traced in venerable bedes english saxon ecclesiastical history , lib. 5. cap. 13. ) but of this matter more anon , at the close or foot of this proposition . or again , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. juxta arbitrium boni viri , as the civilians in like case use to speak , or pro arbitrio domini , as it is in the former of those laws , be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. judicio suo ▪ whose place ▪ by provision of succeeding times , both here and in scotland , was supplied by the u ordinary , first joyntly with the deceaseds friends , afterwards without them and alone , as haply more to be confided in , because by common intendment , as more knowing , so more careful to deal uprightly ; though it be utterly unknown or uncertain when this trust began by written law to be committed to the ordinary ; if i may guesse , about what time that provision was made for the like in x normandy , whereof in matth. paris history , anno 1190. pag. 161. edit . ult . or else ( to proceed ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , according to right , i. e. custome , or right , as it is ordered and directed or tempered by the usages of several places , for y quaelibet provinvincia abundat suo sensu . apposite and pertinent to this purpose is that observation of a late compendious z historian of our own , upon occasion of the confessours collection and compilement of , as it were , a codex legum , ( whither we may refer the original of magna charta ) a standard-law to be currant over all the kingdome : before these collections ( saith he ) of the confessours , there was no universal law of the kingdome ▪ but every several province held their several customes , all the inhabitants from humber to scotland used the danique law , merchenland , the middle part of the countrey , and the state of the west saxons had their several constitutions , as being several dominions , and though for some few years there seemed to be a reduction of the heptarchy into a monarchy , yet held it not so long together ( as we may see in the succession of a broken government ) as to settle one form of order currant over all , but that every province , according to their particular founders , had their customes apart , and held nothing in common , ( besides religion , and the constitutions thereof ) but with the universality of meum & tuum , ordered according to the rights of nations , and that jus innatum , the common law of all the world , which we see to be as universal as are the cohabitations and societies of men , and serves the turn to hold them together in all countries , howsoever they may differ in their forms . so that though we shall admit these with the rest of cnutes laws to be national , as by their preface ( that , i mean , of the second part , conteining his secular or politike constitutions ) they are apparently no other , ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : ) yet i take it these laws ( 68. and 75. ) conclude not for a national , general , or universal descent of inheritances , by an equal or arithmetical division amongst all the children or heirs , nor indeed for more than this , that a partition was to be made of the same , in point of proportion , more or lesse , according to what , pro more patriae vel loci , and ( in point of goods ) juxta arbitrium domini , was just and fit , there being no precedent general law , or canon here ( now extant at least ) to regulate , or give directions in case . but if not nationally , ( for , to give one instance instead of many , thoroldus , in a charter of his to croyland abbey , recorded by a ingulphus , makes mention of his lord and kinsman , earl algar , the eldest son and heir of leofric , earl of leicester , and his countesse godiva , thorolds sister , in the year 1051. ) yet i am contented to admit and agree , that provincially , and particularly here in kent , we had such a custome both before and at the conquest : neither am i against their opinion , who affirm the like course and custome currant in those times throughout the kingdome , as not being desirous to insist much upon this example in thoroldus charter , or any such like , to the contrary , for the present , though i doubt whether it can concludently be argued from ( the grounds and authorities they seem to go upon ) those laws of canutus . neverthelesse be it so : for though some will say , the conquerour found it not here , but either by himself , or his brother odo , brought it hither out of normandy , and by the pattern and practice of his own countrey planted it here , ( how can this stand with spots story by the way ? ) yet i am not of their mind . for had it been from thence transplanted hither , probably it would not have been confin'd to kent , a corner onely of the kingdome ; but have spread it self rather over the whole , by the conquerours means , whose inclination and endeavours to propagate and implant here the customes of his own countrey , are too eminent and notorious to be doubted of . 't is nothing probable then , ( what some have deemed ) that we borrowed this custom from normandy , or that odo was wrought upon by any pattern of that countrey to set it up amongst us , but rather found it here at his coming . supposing therefore such an universal custome here in england before and at the conquest , it will concern us next to make enquiry , how it came to passe , that when all the realme beside , hath in a manner discontinued it , kent onely re●●i●s it , in that g●●i●●al manner at l●a●● , whereby improcesse of time it is become ( as the year-book quoted of b mr. lambard phraseth it ) as it were a common law there ▪ the answer must be but conjectural , since records herein fail us of all light , as well as histories , all but spots , who for the reasons pre-alleaged shall be none of my resolver . will you have the common answer ? why then they say the conquerour abrogated this custome in all parts of the kingdome save onely in kent , which obt●ined to continue it by composition with him when they met at swanescomb . but having formerly said ( i hope ) enough in answer hereunto , i will seek further , and try if some other more probable cause may not be found for it . the conquerour then ( i will suppose ) consented to the continuance of this custome generally throughout the kingdome , in all , i mean , but knight-service land , the descent whereof to the eldest son alone , ( partly for his own , and the realms better c defence and strengthening , and partly for the upholding and maintenance of d gentile families ) i suppose none doubts to be lesse ancient than the conquest , for so much of it ( at least ) as is of ancient tenure , ( as mr. lambard desires to qualifie it : ) nay , and seems to give expresse allowance to it , without distinction of lands , by that 36th of those laws in ingulphus copy , which after the conquest , he granted to the people of england , and were indeed ( as the title of them intimates ) the laws of the confessour , his predecessour ; or rather , say e some , of the confessours predecessour , canutus : si quis intestatus obierit , liberi ejus hereditatem aequaliter dividant . so runs the law according to f mr. seldens version from the original french or norman . some haply may take this as intended onely as a rule for goods , not for lands too . but to that it may be replied , that the word ( hereditatem ) there ( if of that acception then , as since and at this day ) will not admit of that construction ; since , by the common opinion both of elder and more g modern lawyers , nothing passeth with us here in england , jure haereditario , but onely fee , and that hereditaments are such things as do naturally , and of course descend to the heir , and neither to the executour or administratour , as chattels do , whence that of littleton , sect. 1. feodum idem est quod haereditas ; answering to that of h bracton , long before him : feodum est id quod quis tenet ex quacunque causa sibi & haer●dibus suis . see to this purpose glanvill , lib. ●3 . cap. 27. but here we meet with an objection . by this argument ( will some say ) you restrain and ti● up the constitution to lands onely , excluding goods , or chattels , as our lawyers call them , from what ground , see in sir hen. spelmans glossary , verb. capitale , to which add freherus his notes upon the decalogue , published anno 1610. precept the last . to construe it , ( i must confesse ) or of either singly , or alone , were , in my judgement , too much to restrain and streighten it , and in ●ffect to conclude it a lame and imperfect constitution , ordering the intesta●e dead mans estate , and the disposal thereof , but to halves , as we say ; wherefore i conceive , that to take the word ( inheritanc● ) here to comprehend both , ( as i suppose aeh●e doth in that 68. of canutus laws , whereto this here , if it were not taken thence , may seem to have some reference ) is not more reasonable , than to understand it ei●her of chattels , or l●nds singly , seems to me otherwise . why but then ( say they ) you admit of a po●e● of devising inheritance by will , and consequently make f●e and free-hold deviseable , and that by law , arguing from those words : si quis intestatus ob erit , &c. ●rue ; dis●inguishing times : for ( ● take it ) nothing was more usual in those i times , ( i mean before the norm●n conquest , and this , if you ma●k it , is o●iginally a law of the confessours , or rather of canutus , his predecessour ) than to dev●se and give lands away by will , though therein they receded from ( their first copy ) the german custome , of nullum testamen●um ; a provision afterwards received into the body of the feudal law , which thus hath it : k nulla ordinatione defuncti in feudo manente vel valente . it was then , i say , a usual thing , with their lords consent at least , to dispose of their land by will , especially their bocland , thence haply , amongst other titles given it ( as being sometimes termed and turned l alodium , otherwhile m terra hereditaria , often n terra libera ) not seldome called o terra testamentalis , that is ( as an old leiger-book in guildhall london expounds it ) terra quam homo potuit in l●cto suo languens legare : with this limitation notwithstanding , that such bocland were not by precaution in the original gift or grant , liable to that or the like restriction , in point of alienation , occurring in the 37th of king alfreds laws , which neverthelesse extended b●t to strangers , a man being there forbidden to alienate his land of that nature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. ●xtra cognationem vel progeniem , or , in the civil law phrase , extra familiam , from his own kinred or family , whence perchance it came afterwards to passe , that in such terragentilitia , the heirs concurrence was required and used in the alienation . instances of this kind ( of disposing land by w●ll , i mean ) might be given in abundance , but a few may serve the turn . to passe over , as obvious , because publike , king alfreds will , at the ●nd of his acts and life by asserius , though i might here perhaps not impertinently take up that of regis ad ex●mplum , &c. to let that passe , i say , as also for the like reason , to omit byrh●ri●ks will of mepham in kent , extant in the perambulation , pag 492. whereunto ( if need were ) i could add many more examples , as well out of st. albans private history , now of late made publike by my deceased friend dr. watts , as from the records of the church of canterbury , whereof , besides the copies of some whole wills , i have by me several extracts : to let all these passe , i say , i shall onely instance in a will or two , one of a very eminent pe●sonage , an etheling , p prince ethelstan by name , the son of king ethelred , which i shall set before you in the appendix , scriptura 18 , as scriptura 22 , the other ; with some imperfections and misprisions here and there , i confesse , but through the transcribers fault that entered them in the leiger , and by reason of his ignorance ( it should seem ) of the saxon tongue and character , which i dare not undertake to rectifie . thus for practice . as for law : besides that power in all men in those times to devise land in general , by their wills , without any violence deduced and concluded from that 68 of canutus laws , providing how a mans whole estate ( the lords heriot onely excepted ) shall be disposed of , in case he die intestate , we have a more expresse law for it afterwards , the 76th i mean , for such land at least as is there termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. ( as mr. lambard construes it ) terraomni lite soluta , or ( as it is turned in jornalensis , and the 35th of the confessours laws de heretochiis in mr. lambard , fol. 136. a. ) terra acquietata comitatus testimon●o . let me illustrate it by a passage in a charter q of king edmund to ael●here his thane in the year 941. of certain lands and possessions there called mulanton , running thus : prout pater ipsius aelsheri priorum temporibus nostrorum , sub contestamine totius popularis senatus , sua pecunia , ab illo & ab alio , prout tunc temporis mos erat , adqu●sivit . in effect it was , as i conceive , if not the same with bocland , ( called terratestamentalis , not onely because deviseable , but also in regard of the publike testimony of the shire , required and used in the passing of it otherwise than by will ) such land ( like that mentioned of mr selden , tit. of hon. par . 2. cap. 5. pag. 631 ▪ and there said to be holden , qu●etè & absque omni c●lumnia ; or like that passed or conveyed , as in sir henry spelmans councils , pag. 319. and 333. ) as was unquestion●bly a mans own , as upon the purchase or grant of it confirmed and assured to him in the legal way of those times , such haply ( like those of latter times passed by fine ) the conveyance whereof was recorded and inrolled , or entred in the shi●e-book , in publike shire mo●e after proclamation there made , for any to come in that could lay challenge , or pretend right un●o it ▪ whence not improbably our manner of recording conveyances , sometimes ( as in canterbury ) in the hundred sometime in the burgemo●e , otherwhile in both , whereof i am not unfurnished of instances . thus for that kind of land . now for bocland , and how the law stood there : r sir henry spelman , i confesse , is cleer of opinion against all power of ali●na●ion in the owner , and that of necessity it must ●e left to descend to the heir , and thence is called terra ●aereditaria , grounding upon that 37th of king alureds laws , which he there recites . under favour , that law cleerly makes for the contrary , allowing unto the possessour a power of alienation , saving where his hands are tied from it by an expresse provision and prohibition to the contrary , from those ( the ancestour , or who else ) it came unto him from ; a caution in my apprehension of the same nature with an exception , which ( as ſ civilians use to say ) firmat regulam in non exceptis . and as for its name of terra haereditaria , and the argument upon it , it is easily answered , as thus : so called it was to distinguish it from folcland , otherwise called gafolland , wherein the tenant being but as it were a lessee , usufructuary , or fermour , and having no propriety , upon his death , or other expiration of his term it reverted to the lord , and descended not upon the heir , as bocland did , at least ought to do , being ( because his own in propriety ) hereditary , if not alienated by him in his life time , as it might be , in regard it was as well terra libera , as haereditaria , and so called , which folcland never was , however sir henry spelman , in a place so assert , likening it to allodium , which indeed was liberum , and consequently capable of alienation , either by gift or sale , to whomsoever the owner pleased ; a property appropriate to bocland , thence otherwise called , especially abroad , allodium , whereof more hereafter . but further to cleer the point of boclands being alienable , and in the power of the owner to dispose of at pleasure , have here a pregnant passage for our present purpose , borrowed from a charter u of archbishop w●fred ( who died about the yeer 830. ) of the gift of certain houses to his successours in the see of canterbury , thus speaking : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . that is , in our modern english : if any man shall say that this mansion is not more in my power , or ( the power of ) my heirs to use , than of the rest of the society , ( or covent ) then let him know , that it never was christ-church land , nor any mans bocland before it was mine : and then let him further think and consider by other mens bocland , as well in priviledged places , as without , whether they may grant away their own ( land , or possessions ) or give it for ( or , in ) their lives times as pleaseth them , or wherefore mine should be of different kind to those of other men . thus the charter , as i understand it . bocland then , i conceive , we may conclude alienable by the owner of it , both by act or grant in his life time , and at his death by will , in the times ( i mean ) before the conquest . but afterwards that custome of devising it by will ceased , as did withall the descent of land generally , by equal division amongst all the sons . for , as the english laws and customes in general , from that time suffered a daily eclipse and declination by degrees , so this in particular ( saving where they were more tenacious of it than elswhere , and in such places , whereof y london seemeth to be one , as by special priviledge were suffered to keep it up ) languished , and was at length supplanted by that other kind of descent , which now regularly takes place throughout the most part of the kingdome . insomuch as where this partible descent cannot , to uphold it self , justly plead antiquity and ancient custome , it quite fails , and falls to the ground . and to this passe ( i take it ) was it come in glanvill and bractons dayes , who therefore harmoniously deliver this as a requisite and essential property in land of such descent , that it be not onely by nature partible ( as it is by being socage , if we may interpret bractons si haereditas partibilis sit , by glanvills si fuerit socagium : ) but withall , that by custome and of old it hath actually been parted . now the kentish men , it seems , the commons there , i mean , like the londoners , more careful in those dayes how to maintain their issue for the present , than their houses for the future , ( a contrary respect to theirs who have of late , by act of parliament , rid their lands of this custome , as to that property of partition ) were more tenacious , tender and retentive of the present custome , and more careful to continue it , than generally those of most other shires were : not because ( as some z give the reason ) the younger be as good gentlemen as the elder brethren , &c. ( an argument proper perchance for the partible land in wales ) but because it was land , which by the nature of it , apperteined not to the gentry , but to the yeomanry , whose name or house they cared not so much to uphold , by keeping the inheritance to the elder brother . and thus at length , though 't is like enough from small beginnings , ( as many times great streams have but narrow fountains ) it became so spred and diffused over all the county , that what was not knight-service , but socage-land , or of socage tenure , was in time ( in mr. lambards phrase ) apparrelled with the name , and ( as may be added ) qualified with the properties of gavelkynd . and hence also it comes to passe , both that we very rarely , or never meet with any land there at this day , ( other than knight-service land ) that is not of gavelkynd nature , and of a partible descent , and that withall both our printed and manuscript custumals , whether general or particular , use never a word of socage tenure , but of gavelkynders , tenants in gavelkynd , tenements of gavelkynd ▪ and such like , as mr. lambard observeth , pag. 544. and notwithstanding the ancient printed custumal in tottell claimeth freedome onely to the bodies of the gavelkynders , which may be the truer reading , yet mr. lambards may , especially at this day , passe well enough , by whose copy it is claimed as due to all the kentish men in general , as , for the generality of the commons , by common intendment , such at this day . but of these things hitherto . yet ere i proceed to the next proposition , let me discharge my self of a late promise for inquiry into the following emergent : whether the writ , de rationabili parte bonorum , lie at the common law , or by custome . this writ is grounded and dependeth on a tripartite division of a mans personal estate , whether dying testate or intestate , and leaving behind him wife and children ; as in case he leave onely a wife , and no children , or children onely and no wife , upon a bipartite . in the former of which cases , one third part of the goods belongeth to the widow , another to the children , and the third ( called the deaths-part ) to the use of the defunct , to be disposed either by himself , as he shall see good by his will , or for him , if he die intestate , by the ordinary in pios usus . in the latter case , one moyety falleth to the widow , or to the children , ( as the case shall be ) and the other to the use of the dead , as before . in both cases , to the children of the deceased , each of them a rateable part , provided that such child be not his fathers heir , or were not otherwise advanced by him in his life time , unlesse haply ( for hereof there is some question ) waving that his former portion , he shall choose rather ( as in the case of lands ) to take the benefit of this partition by the way of hotchpot , which is all one with the civilians collatio bonorum , or the lumbards missio in confusum . see dr. cowell , and sir henry spelman , in hotchpot . now that there was any certain , or definite part or portion of the deceaseds goods or estate , ( whether real or personal ) any quota pars , or legitima , as the civilians term it , by any custome here nationally observed , due to the widow or children in the saxon times , doth not ( that i can find ) appear by any law or other monument of theirs now extant . the plainest and most visible footsteps of that tripartite division or partition by this writ intended , appear in that remarkable place of venerable bedes ecclesiastical history , lib. 5. cap. 13. where we read of one , who , testatorlike , disposing of his substance or estate , omnem , quam possederat substantiam , in tres divisit portiones . e●quibus unam conjugi , alteram filiis tradidit , tertiam sibiipsi retentans , statim pauperibus distribuit . the saxon reading hath it more for our purpose thus : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . where mark , the third part is there said to belong to himself : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. plainly insinuating that the other two as rightly apperteined to his wife and children , each of them a third . but withall observe , that this is the act of an house-keeper in the province or region ( as there called ) of northumberland : paterfamilias in regione northan●ymbrorum , &c. so is he described ; and such a testimony indeed it is as makes much ( i confesse ) for the antiquity of that custome ( of a tripartite division ) yet surviving and currant in those northern quarters of the kingdome , but whether , in right construction , extensive any further , or concluding for a national custome in that particular , especially since traceable in few other parts or counties of the realme , by any later or elder footsteps , i think may well be doubted . to proceed then , ( for i intend to state and handle the point rather as an historian , relating the matter of fact , than as a disputant , arguing the case : ) as for that law or constitution of a king edmund , which some insist upon for the widows right to a moyety of the estate , if she have no issue , otherwise , in case of issue , and remaining sole , to the whole , that cleerly takes place onely vigore contractus , or by force of a precedent contract ; the law in that particular being ushered in with this ground , or supposition : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. i. e. if it shall be so mutually agreed or covenanted ( before or upon the marriage . ) nor doth that law of king canutus , par . 2. cap. 68. conclude for more than this , namely , a partition of the estate amongst the wife , children , and nighest kinred , to be made judicio domini , by the lord ( of the soils ) discretion , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. rightly , or according to right , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. after the measure , ra●e , or proportion that to them belongeth , not determining or making any mention , what that right , that measure , or proportion is in certain , ( not the widow and children each of them a third ; for then where were the kinsfolks share ? ) but leaving it ind●●●ni●o and undetermined , as what haply being ordered by the lords discretion , and that swayed and regulated by ( that optima legum interprete ) custome , might vary with the place . nor was any such partition currant here , in case there were a will , for what saith the law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. i. e. if any one depart this life intestate , &c. implying liberam testandi facultatem , a free liberty to dispose otherwise by will : as doth also that law of his successour , the b confessour , ratified and re-inforced by his successour , the conquerour , providing that the children of persons intestate shall equally divide the heritage . in which respect , and because by taking no notice of the widow , ( as neither doth that other law of canutus , par . 2. cap. 75. ) it tacitely seemeth to exclude her , i know not well what ( much pertinent to the point in hand ) can be concluded from that law. and as not from this , so neither , i conceive , from that law of king hen. 1. cap. 1. because it concerns and speaks onely of the kings own barons and tenants : [ si quis baronum vel hominum meorum infirmabitur , sicut ipse dabit vel dare c disponet pecuniam suam ita datam esse concedo , quod si ipse praeventus vel armis vel infirmitate pecuniam non dederit nec dare disposuerit , uxor sua , sive liberi , aut parentes , aut legitimi homines ejus eam pro animâ ejus dividant sicut eis melius visum fuerit ] and is seemingly no national provision , no rule intended for the generality of the subjects , the communalty : or if it were , yet with such expresse full and free liberty ( inconsistent with this writ ) given by it to the party to dispose of his estate by will at his pleasure , as tacitely was granted both by that fore-cited 68. law of king canutus , and that other of his successour the confessour , whereof also before . so that admitting , or supposing a will , the subsequent division or distribution ( prescribed by that law of hen. 1. ) took no place , as by consequence neither did that reasonable or rateable part intended by this writ . passing therefore hence , let us next ( as next in order of time ) consult ( that oracle of the law ) judge glanvill , living and writing in hen. 2. dayes . he indeed , lib. 7. cap. 5. is expresse for this kind of tripartite division : cum quis ( saith he ) in infirmitate positus testamentum facere voluerit , si debitis non sit involutus , tunc omnes res ejus mobiles in tres partes dividentur aequales . quarum una debetur heredi , secunda uxori , tertia verò ipsi reservatur : de qua tertiâ liberam habet disponendi facultatem : verùm si sine uxore decesserit , medietas ipsi reservatur . and to the same purpose again , ●od . lib. cap. 8. si post debitorum acquietationem aliquid residuum fuerit , tunc id quidem in tres partes dividetur modo praedicto ( he refers to the forecited fifth chapter ) et de tertia parte suum ut dictum est faciat testamentum . to which kind of tripartite division , he plainly seemeth to refer , and have respect afterwards , lib. 12. cap. 20. where he layes it down in terminis , as a thing recepti juris , warranted by the custome of the realme , that is the common law , saying : de catallis autem ( these are the words of the writ ) quae fuerunt praefati r. praecipio quod ea omnia simul & in pace esse facias , ita quod inde nil amoveatur nec ad divisam suam faciendam , nec ad aliam rem faciendam , donec debita sua ex integro d reddatur . et de residuo post fiat rationabilis divisa secundùm consuetudinem terrae meae . thus glanvill , with whom unanimously concurr e bracton and fleta . hence now many learned men conclude this tripartite division , and the writ waiting thereupon , to be rather by or at the common law ; than ( as is thought by others , and those learned men also ) by custome , and that hereof magna charta , cap. 18. expressely taketh notice , in the savio , or limitation at the end , thus englished : saving to his wife and children their reasonable parts . the opponents , and such as take the contrary part , endeavour to elude this as a matter rather of counsel than command . so ( for example ) dr. cowell , instit . li. 2. tit . 13. parag . 2. followed by sir edw. coke , in the second part of his institutes , pag. 33. who to assert his opinion in the negative , ( his denial of the widow and childrens right to a reasonable part by the common law ) thus there adds : the nature of a saving regularly is , to save a former right , and not to give , or create a new , and therefore , where such a custome is , that the wife and children shall have the writ , de rationabili parte bonorum , this statute saveth it . and this writ doth not lie without a a particular custome , for the writ in the register is grounded upon a custome , which ( as hath been said ) is saved by this act. but where going on he further adds , that bracton was of the same opinion , quoting for it , ( as f swinbourne before him ) that place of bracton , fol. 61. a. [ neque uxorem , neque liberos amplius capere de bonis defuncti patris vel viri mobilibus , quàm ●uerit eis specialiter relictum , nisi hoc sit de speciali gratia testa●oris , utpote si bene meriti in ejus vita fuerint , &c. ] with submission , they are both of them mistaken : that which bracton there delivers , being a plain exception , deviation and diversion from the general rule by him ( as by fleta after him , totidem verbis ) just before laid down , and taking place onely in cities , burrows and the like , by particular custome of the place , as ( amongst others , ut quidam dicunt , say they ) in london , and that upon this double consideration , namely , first , the advancement of trading and traffique ( the life of all common-wealths , especially of ilands ) which would be much encouraged by this liberty left to the merchant or trades-man , to dispose of his labours and gettings , where and how he saw best ; and secondly , the countenance of vertue , and discountenance of ( her opposite ) vice , when by a necessity laid upon the wife and children , to comply with the husband and father in such wayes , both of thrift and duty , as might win and wear his love , and consequently , make him willing to requite their merit , the vertuous should be rewarded , the vicious discarded : vix enim ( say they , bracton and fleta both ) inveniretur aliquis civis , qui in vita magnum quaestum faceret , si in morte sua cogeretur invitus bona sua relinquere pueris indoctis , & luxuriosis , & uxoribus malè meritis : & ideo necessarium est valde , quod illis in hac parte libera facult as tribuatur . per hoc enim tollet maleficium , animabit ad virtutem , & tam uxoribus quam liberis benè faciendi dabit occasionem , quod quidem non fieret , si s● scirent indubitanter certam partem obtinere etiam sine testator is voluntate . and this ( i take it ) is the thing ( the good of the common-wealth , by the maintenance of traffique , much encouraged by the liberty of a free devise ) by glanvill , though somewhat darkly , pointed at , lib. 1● . cap. 11. where ( acquainting us , that an assise of mortdancester lies not for houses or tenements , [ which are wont to passe inter catalla in burrows , as bracton and fleta inform us ] because of a greater commodity redounding to the kingdome by another kind of assise , an established course i suppose he means , warranting the liberty of a free devise of such things , tanquam catalla ) he saith : item ratione burgagii cessare solet assisa per aliam assisam excausa majoris utilitatis in regno constitutam . but notwithstanding it were thus in london in those times , ( when bracton and fleta wrote ) yet afterwards it seems that custome ( of a free and arbitrary devise ) ceased , and ( haply upon those counter-grounds , or contrary considerations , brought and laid down against it by the same swinbourne , fol. 113. a. ) gave place to this kind of tripartite division : witnesse ( besides mr. lambard , perambul . pag. 561. ) what in a book lately published , intitled the city-law , and said to be translated from an ancient french manuscript , pag. 7. is delivered in these words : and it is to be understood , that when a citizen of the same city ( london ) hath a wife and children , and dies ; all the goods and cha●tels of the said party deceased , after his debts be paid , shall be divided into three parts ; whereof one shall remain to the dead , and shall be distribu●ed for his souls benefit ; and the other part shall be to his wife , and the third part to his children , to be equally shared between them ; notwithstanding any will made to the contrary , &c. but ( to proceed ) although glanvill , bracton , and fleta , one and all , seem to conclude for this rule or order of partition , to obtein and take place by the common law ; yet , as this course did not long survive them , but , except where particular custome ( such as that whereon the writs in the register are grounded ) kept it up , at length grew into dis-use , in the case both of testate and intestate persons ( witnesse on the one hand , the liberty time out of mind generally used at pleasure to dispose of personal estate made by will ; and on the other , the ordinaries well-known power of distribution of intestates goods , which is not without warrant from that clause at th' end of magna charta's 18th chap. whereof in matthew paris , and g elswhere : ) so with all these passages in glanvill , bracton and fleta , are so inconsistent with what , in the case of testate persons , themselves with almost the same breath , deliver , that i know not how possibly to reconcile them . whereof the former thus : potest enim quilibet homo liber majoribus debitis non involutus , de rebus suis in infirmitate sua rationabilem divisam facere sub hac forma secundùm cujusdam patriae consuetudinem , quod dominum suum primò de meliore & principaliore re quam habet recognoscat , deinde ecclesiam , postea vero alias personas pro voluntate sua . quicquid autem diversarum patriarum consuetudines super hoc teneant , secundùm jura regni non tenetur quis in testamento suo alicui personae praecipuè nisi pro voluntate sua aliquid relinquere , libera enim dicitur esse cujuscunque ultima voluntas , secundùm has leges sicut & secundùm alias leges . the other two , to one effect thus : cuilibet autem sit licitum facere testamentum de rebus suis mobilibus & se moventibus , & quatenus superfuerit deducto aere alieno , scilicet debitis aliorum , &c. thus , in mine opinion , do the same men more than seem to fight with , and contradict themselves , and how to set them agreed is past my skill . but indeed vix tanti est , 't is not much material , since if we shall admit ( what some eagerly contend for ) this rule and order of partition to have sometime been by law currant throughout the realme , yet by general disusage and discontinuance , it is now , and that not lately , antiquated and vanished out of ure , both in this ( of kent ) and other counties , surviving onely ( for ought i hear ) in the province of york , and some few cities ; and that it should ever be revived , at least in the case of testate persons , until first some way may , if possibly , be found , how to dissolve this knot , and remove this rub of flat repugnancie and disagreement of those ancient authours ( the vouched patrons for it ) with themselves in the point ; i for my part , saving better judgement , see but little reason , and further than thus dare not in a case so controverted and canvased by learned and judicious lawyers , interpose any judgement of my own . proposition iv. whether gavelkynd be a tenure or a custome . it will not be amisse ( i hope ) to usher in the answer to this quaere , with some digression concerning tenures . facing then about , and looking back upon the times before the conquest , inquire we out the tenures ( if i may so call them ) then in use , and what other succeeded in their places afterwards at and since the conquest . here i expect it should be granted ( for 't is avouched i am sure by several h men of credit ) that before the conquest we were not in this kingdome acquainted with what since and to this day we call feoda , foreiners feuda , i. e. fiefs , or fees , either in that general sence i mean wherein they are discoursed of and handled abroad in the book thence intituled de feudis , at home in that called littletons tenures , or in that particularly understood of us , when we treat or speak of knights-fee , which could not then be known here , when knights themselves were not in being , as ( saith a record in the cathedral of canterbury , whereof more i anon ) they were not till the conquerours time or if in effect they were known to us , yet in terms certainly they were not : for the name of fee , or feudum , in this sence is no where to be found in any our records or monuments of those dayes now extant , and of credit , if my self and others have not been more unhappy to misse it , than indiligent to seek it . 't is true , it occurrs in the fifth and sixth of the laws ascribed to the confessour , set forth by mr. lambard , in the varia lectio there in the margent ; but besides that the text in each place reads it fundo , those laws , i take it , for the most part , especially as to their phrase , carry not that antiquity ; but , like those of like kind in scotland , ascribed to king malcolm the k second , and king alureds will at the end of the story of his life penned by asserius , where the word several times occurrs , savour of a later dresse . the like no doubt may as truly be said of that , qui in feodo suo , in the old latine version of king edgars laws , following those in the original saxon set forth in the late edition of the councils by sir henry spelman , pag. 446. and may we not upon this ( amongst other grounds ) question those charters in l ingulphus , thus far , i mean , as to doubt , whether many , if not the most of them , speak not another than that tongue in which they were originally penned , as being by the authour , ( though english born , yet afterward normaniz'd , by conversing there some time , as a retainer and secretary to duke william , afterward conquerour , and king of england ) whose story is penned in latine , the better to suit with it , taught to speak the latine of his time , and late masters native countrey ? upon this ground , i say , that amongst many other phrases scattered here and there , not in use with the saxons , nor ever heard of here in england till about ingulphus own time , ( such as averia , ballivus , bedellus , communa pasturae , justiciarius , for is factura , tenura , weif , stray , with many more such like , which i forbear to name in this place ) occurrs feudum . for example , in the charter of witlaf , the mercian king , dated anno 833. we have it thus : & xl . acras de eodem feodo in campo de deping . the like in a charter of bertulph , another mercian king also , dated anno 860. and in some other of later date from succeeding kings , we have — de eodem feodo de gerunthorpe , and the like : whereas it may very justly be doubted , whether either the laws , stories , or other , either written or printed monuments of credit of any nation or countrey , can shew the word ( feodum , or feudum ) in use amongst them ( but in stead thereof beneficium , feudum's elder brother , or the like ) until about that age , until ( i mean ) after the beginning of the tenth century from our saviours incarnation . and hence give me leave , with buchelius , in his illustrations upon heda's history of the bishops of m utrecht , to suspect that list or memorial , n de vassis sive fide addictis ecclesiae & episcopo trajectensi , ( as there it stands intituled ) of heda ascribed to adelboldus the 19th bishop of that see , who after he had sate 18 years , died in the year 1028. as indeed a piece unadvisedly referred to that time and place , and in all probability belonging to some successour of his . but be that as it will , i see nothing however that may render us unsatisfied of the truth of their assertion , who say that the conquerour brought , or introduced first into this kingdome feudum , feodum , or ( as in english ) fee , taken as it signifies feudal services , especially military , ( praedium militare ) the sence in which , as it regularly occurrs in the o feudal books abroad , so constantly in domesday-book here at home , for distinguishing the land from other there said to be holden per gablum , ad ●irmam , in alodio , and other like tenures there occurring : the introducer borrowing ( saith one p of my authours ) the term , ( he might have added the customes ) from his own native countrey , normandy , which he concludes from a passage of himself there quoted out of domesday-book , thus speaking : — in eodem feudo de w. comite radulfo de limes ' 50. carucat . terrae sicut fit in normannia : thus subjoyning : feudum & nomanniam jungit , ac si rei novae notitia è normannia disquirenda esset . but with submission to better judgements , i question whether those words : sicut sit in normannia , may not relate to carucatae terrae , being an expression not used of q the saxons for a plough-land , ( but aratrum , sulinga , hida , familia , mansio , mansa , manens , casata , and the like terms of quantity ) rather than to feudum , from which too it is further distanced in the quotation than from the other . but to let that passe : to the conquerour ( it seems ) it is , that the name and customes of our english fees , or ( as we now vulgarly call them ) r tenures , such at least as are military , ow their introduction , whatsoever the ſ mirroir ( a book whose antiquity is too much cried up of some ) hath to the contrary , as if in terminis known here in england in king alfreds dayes , by whom ( as the authour there pretends ) i● was ordained that knights ▪ fee should descend and fall to the eldest , and socage among all the sons : whereas in very deed we knew neither one nor t'other in those dayes , they with the rest since and at this day called fee-simple , fee-taile , fee-ferme , frank-fee , as also grand and petite serjeanty , escuage , burgage , villenage , and the rest , in the book of tenures and elswhere obvious , being all of the norman plantation , and we by them , at least since their conquest of us , brought acquainted with them , not knowing what fee ( in that notion ) meant before , nor being to this day agreed among our selves , as neither are the feudists and other writers on that argument in other parts , upon the etymologie and derivation , either of that o● the word whereunto it is opposed , allodium ; wherein indeed authours of several sorts , lawyers i mean , etymologi●ts and antiquaries so much differ and disagree , as that the further we wade in the research of their opinions in that kind , the more uncertain still we come off , and the further we are from ( the end of our inquiry ) satisfaction . however , i will on this occasion adventure to offer my sence , which , if well considered , may perhaps help to end the difference . not to repeat that variety of other mens opinions in the point , of which some , and those the most , and with most general applause and acceptation , fetch the former ( feudum ) from fides ; others from faida , or feida ( bellum ) a third from foedus : a fourth from the german fueden , qua●i a fungendo , i. pascendo , or ( as t gryphiander hath it ) from the saxon foden , i. e. nutrire : to let these derivations all passe without any further repetition , as obvious enough in the writings of the feudists and elswhere , especially ( with some additions of his own ) in martinius lexicon ▪ philologicum : as likewise not to repeat the like variety amongst them , ( as obvious as the other ) concerning the latter , ( allodium ) which some will have to be a derivative from à , the privative particle , and laudium , or laudatio , as a possession acknowledging no authour , no lord of the soil , but god alone ; others from that privative particle , and lodes , quasi sine lode , that is , ●ine vassallo , as a mad man is called amens , to say , ●ine mente , as whose possessour is no vassal , whilest a third sort fetch it from alsleud , as we should say , possessions common ( i. e. such as may freely be given or sold ) to all or any of the people , the many : like in this ( say some ) to what of old we here in england called folcland , by which ( but how properly , since folcland is parallel'd with what sithence we call u copy ▪ hold , may well be doubted ) they are found to illustrate it , contrary to a fourth derivation of others , who hold it inseparable from the family , and thence of the germans called ein anlod . a fifth sort there is , that draw it from the foresaid privative particle à , and l●od ( in french l●ud ) a vassal , as it were , without vassallage , or without burthen , which we english men ( saith my authour rightly ) at this day call loade : not further , i say , to trouble the reader with either any longer repe●ition of these and the like ( for there are some other ) various opinions of this kind , or any catalogue of the several authours of them , i will , as i promised , offer my conjecture at each words etymologie , with submission of it to better judgements . in short then i say , that each of the two words in its original , which is german , is a compound consisting of two syllables , of which two , the latter ( to begin with that ) i conceive to be the same in both , and is no other than what is borrowed towards the composition of many several words of the same original , used and continued both in those , especially the teutonic parts , and also here in this iland , from the time of the saxons setling here , down unto this day , though with some little variation of the dialect , occasioned by tract of time bringing its corruptions , and the intermixture of other languages : and that is with us hade , head , hode , with the teutonics heyd , and heit , sometime hat , betokening in each place ( as dome , and ship , anciently written scip , in the terminations of many of our words : ) a quality , kind , condition , state , sort , nature , property , and the like . hence the military , masculine , feminine , childish , paternal , maternal , fraternal , sisterly , desolate , presbyterial , neighbourly , quality , nature , kind , condition , &c. of a knight , a man , a woman , a child , a father , a mother , a brother , a sister , a widow , a priest , a neighbour , &c. is termed knight-hode , manhode , womanhode , childhode ▪ fatherhode , motherhode , brotherhode , sisterhode , widowhode , priesthode , neighbourhode , &c. the quality , nature , existence , of the deity is stiled godhead with us , with our ancestours , the english saxons ( who wrote and had that hade , which we since write and have hode and hood ) godhade . head in maidenhead ows it self to the same original , denoting out the virgin-condition , or maiden-quality of the party . hood in livelyhood is also sprung from the same root , whereby a mans state of subsistence is signified : and the like may be said of hood , in falshood , likelyhood , and a many words more of like termination , as expressing and setting forth in the one , the false , in the other , the probable , likely , condition of the thing predicated . this may also help us in the etymologie of what we use to call feud , or deadly feud , our ancestours , the saxons 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the germans fhede , feide , and faide , which in truth is but a compound of their f●h , i. e. hostis , inimicus , as we say at this day a foe , and hode , hade , head , heyt , &c. ●i . conditio , status , qualitas , &c. together importing the condition of enmity in the person who bears it . i could here enlarge with instances of very many teutonic words thus terminating , i mean , in their dialect with heyd , heit , and the like , and by such their terminations predicating , as is said before , a quality , condition , &c. such as allenheyd , felheyd , fijnigheyd , hebbelickheyd , heyligheyd , maeghdelickheyd , and numbers more obvious in every page of kilianus dictionarium teutonico-latinum , and elswhere ; but i fear to be tedious . seeing now what the latter syllable in feudum and allodium , in their several originals , signifieth ; and having taken the words thus asunder , let us next consider of the other part of the composition , their former syllables , which in feudum ( the former ) is feh , feo , or feoh , signifying as x pecunia in the general , so more peculiarly a salary , stipend , wages , intended of us when we say : officers live by their fees ; whilest in the other , allodium , the former syllable rightly written , is all , al , or ( as with the saxons ) eal . put we now the syllables together again , and then the former will come forth feo-hode , feh-hode , or the like ; the latter , all-hode , and that most appositely , if applied to the feudists feudum and allodium , considered in their originations and primitive acceptions . the former of which when first y instituted , was but personal , not , as afterward , perpetual , patrimonial , hereditary , or holden ( in glanvill and bractons phrase ) ad remanentiam , but as a clergy-man holds his benefice , ( hence in some ancient z charters called feodum ) onely for life ; the tenant being but a meer stipendiary , a termer , at best but a freeholder for life , usufructuarius , and indeed some were not so much , but held only ( as our learned a glossarist hath it ) ad voluntatem domini , as b others , precariò , not unlike our tenants at will since and at this day : the land was onely lent , as the german term for it c ( lehen ) seems to intimate . in processe of time , degenerating and receding from their first institution , they became perpetual and hereditary , yet holden , as formerly , with a condition of service on the tenants part , and stipendii loco & nomine on the lords ; by way ( as it were ) of salary , pension , or stipend from the lord , to gratifie and recompence his man withall for such his service , to which he was obliged under peril of forfeicture by the withdrawing thereof . i dare not add in consideration of fealty or homage , ( in those times ) since , though that acknowledgement in the feudal law , of some fee tenable without an oath of d fealty be indeed justly taxed for a paradox of such who will have fee to come of fides , ( whence haply our legal maxime , that all tenures regularly are liable to fealty : ) yet might fee , by this derivation of it , stand with fealty , and the tenants of it be called e fideles feudales without a soloecisme ; a good argument for the derivation of it thus , rather than from fides , as of more scope , and more consistent with fee of all sorts than that other derivation doth allow . fees , i say , were holden but in service , nomine quasi alieno , the dominium , that at least of lawyers called directum , ( though the utile were transferred on the tenant : ) the propriety , i mean , remaining and abiding still in the lord , together with a power of restraining his tenant from alienation , and consequently such land was but partially , conditionally , not totally and absolutely , granted out . contrariwise , that which was termed , in opposition to it , allodium , as it was hereditary , perpetual , and patrimonial , so was it ●ans all condition , free , and in the power of the possessour to dispose of it ad libitum , how he pleased , either by gift or sale , without asking any man leave : and as it was hereditary , perpetual , patrimonial , and free land , so was it withall possessed totally and wholly , not as our land generally in this kingdome in subjects hands at this day said to be holden in dominico suo ut de feodo , as our lawyers phrase it , but rather in dominico suo ut de jure , ( the owner having dominium both directum and utile : ) or in the feudists phrase , and after their unanimous , harmonious definition of it , pleno jure ; integrè ; ex toto ; or ex solido , as f malmesbury hath that which g eadmerus expresseth by in alodium , quit of all services , like frankalmoigne , whereunto mr. selden there in that respect resembles it . i may call it absolutely , immediately , or ( if you will ) independently , without acknowledgement of any superiour lord , not unlike the prince of haynault , holding onely ( saith my h authour ) de deo & sole , or , as other absolute princes , gratiâ dei , in a word , in totality : whence the terms of praedia immunia , terra propria , fundus proprii juris , patrimonium , in i charters and elswhere given to such possessions . probably , land of this nature was the same with our bocland , which i sometime find in the latine rendring of some saxon pieces turned by it : ( hence a hint to judge of the one by the other : ) for what in the 11th chapter of the first part of king cnutes laws is read bocland ▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. and in the old latine version of it in the kings ms. and jornalensis , is turned haereditas : si quis tainus in haereditate sua terram ( it should be ecclesiam ) habeat , &c. in another like old version in the book of rochester called textus roffensis , is rendred allodium ▪ si liberalis homo quem angli thegen vocant , habet in alodio suo ecclesiam , &c. by allodium also is turned in the same record ( textus roffensis ) what occurrs in the saxon fragment exhibited by mr. lambard , perambulat . in mepham ▪ pag. 500. under the term of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ et si villanus ita crevisset sua probitate , quod pleniter haberet quinque hidas de suo proprio alodio , &c. allodium , it seems thence , being properly such land as is fully a mans own . shortly then , feudum , fee , or land holden in fee , is no more ( considered in its first and primary acception , to which they must have regard that will hope to judge aright of the ground for the first imposition of the name : ) than what was holden in fee-hode , by contraction feud , or feod , i. e ▪ in a stipendiary , conditional , mercenary , mediate way and nature , and with the acknowledgement of a superiour lord , and a condition of returning him some service for it , upon the withdrawing whereof the land was revertible unto the lord : in which respect , as the grant thereof is improperly called a donation , being but k feodalis dimissio , i. e. a demise in fee , so the deed or conveyance by which it was demised , is as improperly termed a charter of donation , being no more than a charter or deed of feoffment . such , i say ▪ is feudum . allodium is contrarywise what is holden in all-hode , in totality , in a totall , full , absolute , immediate manner and condition , without acknowledgement of any superiour lord , and free from any tie or compact for the returning any service at all for it unto any . thus far ( and i hope not too far , nor impertinently ) for cleering the etymon of feudum and allodium , as the argument , so the torture of many learned pens , amongst whose derivations of one and t'other , i humbly crave this of mine ( such as it is ) may be admitted for future indagatours , and all others of unforestalled judgements freely to consider of . and now to spin on our former thred , and to reassume our argument of the introduction of our fees or tenures by the conquerour , which that etymon coming in the way caused me a while to set aside : i here professe to concurr with them , who upon the question put , resolve it in the affirmative , whereof our learned l glossarist , for one , thus : feodorum servitutes in britanniam nostram primus invexit gulielmus senior , conquestor nuncupatus , &c. and a little after : deinceps vero resonarunt omnia feodorum gravaminibus ▪ saxonum aev● ne auditis quidem : no other tenures , or , in the scottish expression , haldings of land , being formerly here in use but these two , bocland , and folcland ; the one ( saith my m authour ) a possession by writing , the other without . that by writing ( so he adds ) was a freehold , and by charter ; hereditary , with all immunities , and for the free and nobler sort . that without writing was to hold at the will of the lord , bound to rents and services , and was for the rurall people . it may be added , that the former took name from the lands booking , or entring ( with the limits of it ) in a codicil , ( as then called ) a little book , or ( as we since call it ) a charter , which if the land were given to a lay-man , was in way of seizin delivered to the party that was to have the land , ( hence haply that ceremony we retain of delivering a conveyance as the parties act and deed ) or , ( if to a monastery ) laid and left most commonly upon the altar : ego autem licentiâ & consensu illius , testimonioque episcoporum & optimatum suorum , omnes terras meas , & libros terrarum propria manu mea posui super altare christi in dorobernia , &c. as it is in the close of a n memorial of the gift of monkton and other manours to the church of canterbury , in the year 961 , by queen edive , or edith , whose picture , in thankful remembrance , was until of late reserved in that churches treasury . hence was such a charter vulgarly known in those times by the name of o a landboc , in the latine of the times telligraphum , sometime codicillus , and the like . observe yet further , terram haereditario jure conscribere , & liberam proclamare , ( the latine phrase for creating bocland ) was a prerogative royal , or a royalty , and out of the power of any subject , whence that passage often occurring in subjects grants of lands in perpetuity to the forenamed cathedral , and other places , viz. and such a one king , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. haereditario jure conscripsit , as also that : liberam omninò proclamavit , and such like . king ethelreds priviledge ( as called ) confirming to that cathedral ( amongst other things ) their whole possessions , is hence by p one of the subscribents called , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . but notwithstanding this enfranchisement , the land was very seldome alienated by the possessour in frankalmoigne , without ( what the law of q mortmaine afterward required ) a concurrent , or at least a subsequent confirmation from the king , whereof examples are obvious in the list of that churches lands and benefactours , published in the antiquities of canterbury , pag. 210. as also of the concurrence of the magnates , or nobles , in such bocland-grants , principally in that of mallings . you shall have the very words , because rema●kable : anno domini dcccxxxviij . ecgbertus & athelwlfus rex filius ejus dederunt ecclesiae christi in dorobernia mallings in suthsexan , quod viz. manerium prius eidem ecclesiae dedit baldredus rex , sed quia ( mark this ) non fuit de consensu magnatum regni , donum id non potuit valere . et ideo , &c. bocland thus flowing originally from the crown , upon all forfeictures , and particularly that of the estate of the possessour , for deserting the warrs , as if there were no mean between the king and him , the king alone was to take the r forfeict . but of bocland more anon . some other kinds of land ( 't is true ) there were in those dayes , but all ( i take it ) reducible to the precedent diehotomy , such as , 1 gafolland : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as it is in the truce or agreement between alfred and guthrun kk . in the archaion , cap. 2. 2 neatland . 3 inland : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . so runs the first chapter of king edgars laws there . 4 utland : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . as we have it in the will of byrhtric in our kentish perambulation , pag. 495. of which four , the two former , i conceive , were but the same with folcland ; both one and t'other importing land letten or demised , as fol●land was , to rural people , more emphit●utico , for profit : the one from gable , or gafol , i. ● . cens , or rent , being termed gafolland ; the other called neatland , either from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to improve , fructifie , whence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for a foenerator , a usurer , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , profit , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ profitable , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , unprofitable , unthrifty , or else which i rather think ) from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , villanus , colonus , as the old version of the 19th & 21th of k. ina's laws renders the word , which comes all to one with ceorliscus spoken of in that second chapter of the foedus aluredi , & guthruni , regum , and there described by his quality to be o●e that occupieth ſ gafolland . as for the remaining two , inland , utland , the former was terra dominicalis , land holden in demesne , in the owners own hands , ( and for the most part designed in mensam domini , whence otherwise stil●d in succeeding times bord-land , like the civilians and canonists bona ad mens●m ) and in this respect may not unfitly be referred to bocland , regularly of like property . the latter contrariwise , like gafolland , and neatland , was land letten out , and , in opposition to demesne land , termed in servitio , or tenement●lis , that is , granted out in service by the lord to his tenants , to be holden of himself , and so we may parallel it , as with gafolland and neatland , so with folcland , being of the same nature : like the frenchmans fief s●rvant , i. terra serviens , in respect whereof the tenants were bound to be retainers , attendants and followers to their lords , sui●ors to their courts , and were thence called ( in the term of hen. 1. laws , taken up afterwards of t bracton ) folgarii , concerning which see further in sir hen. spelmans glossary , verb. folgare , & folgarii , as also in the laws of king knute , par . 2. cap. 19. besides these sorts of land , after ages ( since the conquest ) produced many other , such as , work-land , cot-land , aver-land , drof-land , swilling-land , molland , ber-land , smiths-land , ware land , terra susanna , for-land , bord-land , and such like . of each of which ( for some satisfaction to the inquisitive ) in a word or two . the first ( work-land ) is land of a servile nature and condition , terra servilis , as i find it called , as also ( what indeed the word soundeth ) terra operaria , because haply at the creation of the manour , and distribution of it into parcels , charged with servile works , such as plowing and harrowing the lords a●able ground , mowing . tassing and carrying in his hay , sowing , weeding , reaping , and inning his corn , making and mending his fences , thatching his barns , and such like : charged ( i say ) with servile works , and not with cens or rent , or if also with rent , yet of the twain more especially with works , and therefore contradistinct , and opposite to gavelland , which was land liable to cens or rent , or if also to works , yet chiefly to rent ; both one and t'other being denominated from what was the more eminent service arising from them . hereof some footsteps visible in the 66. of king ina's laws . the second ( cot-land ) that belonging unto , and occupied by the cotarii , cotset● , or cotmanni , a sort of base tenants , so called from certain cotes , or cottages , small sheds like sheep-cotes , with some little modicum or parcel of land adjoyning , originally assigned out unto them in respect and recompence of their undergoing such like servile works , or baser services for their lords , as before expressed . the third ( aver-land ) much the same with that before called work-land , coming of the french ouvrer , to work , or labour , but chiefly differing from that in this particular , that the services thereof consisted especially in carriages , as of the lords corn into the barn , to markets , fairs , and elswhere , or of his domestick utensils or houshold-provision from one place to another , which service was of diverse kinds , sometimes by horse , thence called horse-average , otherwhile by foot , thence termed foot-average ; one while within the precinct of the manour , thence named in-average , another while without , and then called out-average ; the tenant in the mean while being known by the name of avermannus . the fourth ( drof-land ) that holden by the service of driving , as well of distresses taken for the lords use , as of the lords cattel from place to place , as to and from markets , fairs , and the like : more particularly here in kent of driving the lords hogs or swine to and from the weald of kent , and the denns there , thence called of old drofdens , namely from the droves of hogs sent thither , and there fed and fatted with mast , or pawnage ; the driver whereof was vulgarly called drofmann●u . the fifth ( swilling-land ) that let out or occupied by swillings , swollings , or sullings , that is , plough-lands , coming of the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a plough , ( in which notion the word may extend to all arable land ) the quantity whereof was various and uncertain , conteining more or lesse according to the nature of the land , a plough being able to master a greater or lesser quantity , thereafter as it is in quality . this ( of swillings ) i find to be a word proper to the kentish , even from the conquerours time , ( to look no higher ) whose survey ( commonly called domesday-book ) shews suling ( and the like ) to have been a term in those dayes peculiar to this county , whereby to expresse the quantity of their land , whilest hide , and the like was of like use elswhere . to this head may be referred hide-land , yoke-land , aker-land , rod-land , and the like , being quantities or portions of land let out and occupied by the hide , yoke , aker , rod , &c. and denominated accordingly . the sixth ( mol-land ) was the same with up-land , of the saxons called dunland , standing in opposition to meadow-land , mershland , or low-land ; the tenant whereof was wont to be called molmannus : the word ( as i conceive ) being derivable from the latine moles , a heap , of which see further in the surveyours dialogue . hence probably the name of that place in ash ( the seat and patrimony a● this day , and from good antiquity , of the harflets , formerly of the septvans , families both in their time ado●ned with knight-hood ) called molland , being of an advantagious situation for the overlooking of a large level of a rich mershland . the seventh ( ber-land ) that which was held by the service of bearing , or carrying the lords or his stewards provisions of victual or the like , in their remove from place to place , such tenant being thence called ●erm●nnus . the eighth ( smiths-land ) that , in respect whereof the tenant was bound , as to undergo the smiths or farriers office and work , in and about shooing his lords horses and carriages , so also to find and furnish him with materials ( of iron ) for that purpose . the ninth ( ware-land ) the same that otherwise called in the latine of the times , terra warectata , or terrajacens ad warectam , that is land lying , or suffered to lie ●allow , coming from the french garé , ( their g here , as in many other words , being turned into our w ) whence with them terre garée , for old fallow-ground . the tenth ( terra susanna ) land , not much unlike unto , if not the same with the former , being superannated land , or land with over much tillage worn and beaten out of state , and therefore of necessity lying over year , and being converted from tillage to pasture , until it may recover state , and be fit for tillage again , the term or denomination coming from the french susanné , signifying stale , grown old , past the best , or overworn with years . the eleventh ( for-land ) the same ( i take it ) that we otherwise use to call fore-aker , whereof see more in sir henry spelmans glossary , verb. forera . the twelfth and last ( bord-land ) that holden and occupied by the bordarii , or bordmanu● , the same ( i take it ) with the french bord●ers , i. e. villeins or cottagers , such as hold by a servile , base , and drudging tenure , of them called bordage . you may read both of the one and the other in the old grand custumier of normandy , cap. 53. within the ●ignification of the word ( bordland ) are comprehended also ( as is already hin●ed in this chapter ) lands holden in demesme ( of the saxons termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) and designed to the furnishing of the lords boord or table , and the maintenance of him and his family in victual . for which see bracton , lib. 4. tract . 3. cap. 9. num . 5. which kind of land the saxons used to call foster-land , quasi fostering land , that is land ad victum , a term obvious and very frequent with the religious men of those dayes , who as they had their special ferms and portions of land assigned them ad victum , so had they other as peculiar to their clothing or apparelling , land ad vestitum , which ▪ from the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , vestis , or vestimentum , they called scrud-land . they had withall their sextary-land , which was such as apperteined to the office , and was intrusted to the care , of the sacrist or sexton , and was designed chiefly to the upholding & maintenance of their church or temple , both in the fabrick and ornaments . besides all these , they had their almes●and , which was that appropriate to their almnery , a parcel or place of the monastery set apart for harbour and relief to such poor people ( for the most part ) as were allied , or otherwise related to the monks . i may not he●e omit over-land , a name attributed to such land as lieth by or along a rivers side , and coming of the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. margo , the bank of a river : whence that known places name lying by london , alongst the thames-side , called st. mary overies : compounded of the aforesaid over , and ree , betokening a river , or current of water . land of this name we have at or neer ash in kent , alongst the stour-side , running to sandwich town and haven . i might to these add monday-land , and the like , which with it fellows , borrowed denomination from this or that week day , and that in respect of the tenants obligation to such or such servile works or services , upon such or such dayes of the week , in respect of that land . but i purpose to digresse no longer , having for brevity sake , wittingly omitted the quotation of the places where these several names occurr , which otherwise i should willingly have added , and shall onely in the appendix , scriptura 23. present the reader with a copy of a saxon charter making mention of those two , fosterland and scrudland , as somewhat more remarkable than the rest . now returning to our bocland , you must know , that notwithstanding that introduction of new tenures by the conquerour , we did not streightway forgo our bocland , that kind of tenure i mean , but reteined it both name and thing , witnesse first what occurrs in u a deed sans date of certain messuages , by roger , son of john , alderman of radingate in canterbury , granted in frankalmoigne to st. laurence hospital neer the city , founded by hugh , of that name the second , abbat of st. augustines there in the year 1137. viz. duo messuagia quae sita sunt in terra d bocland , de qua nulli responde● , &c. where we have not onely bocland mentioned , but the nature of it also in part se● forth . witnesse also another passage to the same effect in a like ancient x charter to the church of canterbury , for the grant of a parcel of land lying without the wals of the city , between queningate and burg●●e , running thus : volo autem ut monachi teneant terram illam omnino liberam , sicut ego & antecessores mei , & nemini inde respondeant . witnesse lastly , domesday book it self , where though haply not the name of it , ( as neither of folcland , saxon terms both ) yet the thing , to my apprehension , is very obvious and often occurring under the name and notion sometime of tainland , otherwhile ( and i think more often ) of allodium . hence the phrase ( for the former ) of y clamare ad tainland ; of tenere in alodio , for the other : both taken up ( as i conceive ) in opposition to fee ; but the former so termed , because indeed bocland , or alodium , was properly tenable by thanes , ( hence in the eleventh chapter of king cnutes laws , par . 1. thegn and bocland in the original saxon , as thegen and allodium in the latine version in textus roffensis , meet as relatives : ) not but that it was sometime held by ceorles , as who were not incapable of holding it , ( witnesse the old version of the saxon fragment in mr. lambard , whereof before : ) but when so , as improperly there , and as much out of place as knights ▪ fee ( proper to knights and the nobler sort of people ) were in this kingdome since and at this day in socagers hands , or in the hands of sockmen , whose proper tenure was that of gafolland : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as you have it before . i have often much wondred with my self , whence it should come to passe , that diverse of our canterbury houses and ground at this day pay no quit-rent at all , which others in the same place , though holden in free burgage are known to do . but considering afterwards with my self , that bocland often occurrs in landbocs ( as they were called ) of the place in the saxons time , i at length concluded , at least conceived , such houses and ground to be the remains of our ancient bocland , which seemeth to be still surviving in them , as if holden in allodium , pleno jure , without all manner of chargeable service , and no other ( probably ) than part of those eighty acres of land ( or the like ) in canterburies survey in domesday-book thus expressed : habet etiam ( 't is spoken of ranulfus de columbers ) quater viginti a●r as terrae super haec quas tenebant burgenses in alodio ( so i read it , rather than alodia ) de rege , or , as a very ancient book sometimes of st. augustines abbey , now with the kings remembrancer in the exchequer reads it : item dicuat burgenses quod idem ranulfus tenet quatu●r viginti agros de allodiis eorum , &c. the same domesday-book ( to prosecute this discourse of allodium a little further ) makes mention particularly of some allodiarii by name in that kentish survey , and there also we may read to this purpose : has forisfactur as habet rex super omnes alodiarios totius comitatus chent , & super homines ipsorum . and : in cantia quando moritur alodiarius , rex inde habet relevationem terrae , excepta terrae s. trinitatis , & s. augustini , & s. martini , & exceptis his , godric de burnes , & godric de carlesone , & aelnold cilt , & esber biga , siret de cilleham , ( these last three are mentioned also in the survey there of canterbury , amongst those whose lands were sac and soc-free , i. e. quit against the king of sac and soc : ) & turgis , & norman , & azor. super istos habet rex forisfactur am de capitibus eorum tantummodc , & de terris eorum habent relevamen qui habent suam socam & sacam . i rather read it habent , than habet relevamen , because by charters both of the cathedral and st. augustines abbey , of those succeeding times , i find the monks in each place priviledged with the liberties of sac and soc , &c. over their allodiarii , as termed in the charters of the latter place , over their thegnes , or theines , as in the former , in what form of words see in the charter of each place , for illustration sake , copied in the appendix here , scriptur . 19. and 20. and least these various terms ( allodiarii and thegnes ) rendring them of a seeming difference , should occasion any suspition of their being not the same , for your satisfaction to the contrary , take this note along with you , that those who in the latine charteis of st. austins , are termed allodiarii , in the very same charters exhibited in english , ( like as in those at christchurch ) are stiled thegnes . but what ( may it be ask'd ) were they then which in some very ancient records of that cathedral are named threnges ? indeed i have met with a record there , ( and you may meet with it here in the appendix , scriptur . 21. a choice one in my account , as the book it self was i● seems in his , who in the margent of the first page of it long since left this note : custodiatur benè iste libellus , quia etsi appareat non valere , benè tamen valet , & est libellus satis pretiosus monachis ecclesiae christi : ) which makes no slight mention of such threnges belonging to the monks there , in these very words : quia verò non erant adhuc tempore regis will mi milites in anglia , sed threnges , praecepit rex , ut de eis milites fierent , ad terram defendendam . fecit autem lanfrancus threngos suos milites , monachi verò non fecerunt , sed de portione sua ducentas libratas terrae dederunt archiepiscope , ut per milites suos terras eorum defenderet , & ut omnia negotia eorum apud curiam romanam suis expensis expediret , unde ad huc in tota terra monachorum nullus miles est , sed in terra archiepiscopi , &c. to this purpose gervasius dorobernensis , then a monk of the place , speaking of the archbishops dividing the revenue between himself and the monks : sibi etiam ( saith he ) r●servaverunt comites , barones & milites ; monachis verò assignaverunt rusticos & agricultores . these threnges doubtlesse were the same , which in domesday-book are somewhere called drenches , and if so , your best satisfaction what they were , will be from the words explication in sir hen. spelmans glossary . but , me thinks , laying these records concerning them together , and then comparing them wi●h the fore-cited ancient charters of liberties granted to the monks of christchurch and st. augustines on the one hand , and domesday-book on the other , drenches , threnges , thegnes , one and all , may not unfitly be rendred in that books phrase , allodiarii : being such liberales , ( as the saxon thegnes is not unusually turned in the old latine translations , as thegenscipe by liberali●as ) such ministri , fideles , servientes , nobiles , as being by these places dignified with some portions of their allodium , or bocland , did militiam ex arbitrio tractare , nullius ●omini imperio evocati , nulloque feodali gravamine coerciti , ( as our learned glossarist concerning allodiarii ) being permitted to continue in their pristine estate , acquitted from military service and tenure , when as others were from threnges turned into milites , and their land consequently subjected to military fee and tenure . whether the name of drenches were taken up from such a cause as our learned glossarist , from a record by him there cited , is assigned for it , some reason there is to doubt from the mention of ( the terms synonimy ) threnges , in that record of christchurch , as known in that notion here before the conquest , whereas the other sayes they took name first after it : if before it , ( as the christchurch record ) then i see , me thinks , some cause to suspect the term corrupted from thegnes , i. thanes , which cleerly that cathedral had before the conquest . on the other side , if the record ( in the glossary ) be right , and that withall threnges , drenches , thegnes and allodiarii be ( as all the fore-cited authorities laid together , they seem to be ) synonima's , terms identical , then were our kentish allodiarii , such as had not revolted from the crown , by opposing the conquerour , whether by their aid or counsel , but had peaceably submitted to him and his empire , whilest consequently others of the county opposing , withstanding , and resisting him and his coming in , had ipso facto forfeited their possessions : and if so , then spots history , whereof so much before , may well deserve yet another dash , or , if you will , another spot . but thus far of allodium , as also of what induced it , bocland , which , as to the name , almost quite ceased with the saxons , though , as to the thing it survived some time after , under the notion of allodium , into which it was translated of the normans here , and of them so altered also in the very thing , that it became thus far subject unto tenure , as in the opinion of learned z men , it was land ( as we say ) holden , and so accounted , whence in time that common and received a axiome amongst us , that in the law of england ( since the conquest at least ) we have not properly allodium , that is , not any subjects land that is not holden : in which respect , as one b saith , he that can say most for his estate , saith thus : i am seized of this or that land or tenement in my demain as of fee , seisitus inde in dominico meo ut de feodo , &c. and 't is most true at this day , but under favour , it was otherwise since the conquest , witnesse ( besides domesday-book , where the opposite to fee , allodium , is very obvious ) those charters afore-cited , the one of st. laurence , the other of christchurch , ( and such like ) mentioning land holden by the authours or owners , for which they were responsible to none , as also the pinenden plea for the archbishops lands of canterbury , and the grant in alodium mentioned in eadmerus , evidencing cleerly the contrary , and asserting ( some of them ) the continuance of such creations from the king , to whom , after textus roffensis , it peculiarly belongs to grant out , or passe land in that kind : carta alodii ad aeternam haereditatem , being there reckoned and ranked inter consuetudines regum inter anglos . now as our bocland did not presently expire with the saxons , its first authours , upon their vanquishing and supplanting by the normans , so neither did our folcland , but survived and continued after the conquest , and remains unto this day , though not in the very name , yet in the thing and substance . for , as aforetime the saxons had their ceorles , gebures , folcmen , &c. as afterwards the normans their villani , bordmanni , cotarii , &c. so what the former held was called folcland , gafolland , &c. and was opposed to bocland ▪ what the latter , villenage , and ( in some sence ) socage , opposed to chivalry , knight-service , &c. and in all likelyhood intended by that rusticana servitus occurring in a charter of wal●he●●nus mamino● , granting the ●●thery of bertrey to the church of rochester ▪ quod si aliquid de pr●dicto dominio in rusticanam servitutem translatum est , &c. as it is in mr. seldens history of t●thes , cap. 11. pag. 313 ▪ as for the original of socage , there b are that refer us ( for the finding of it ) to a notable passage in g●rvasius tilburiensis his book intituled dialogus so●ccarii , who lived and wrote in hen. 2. dayes , which ( to bring the reader better acquainted with the state of affairs in the disposal of our countrey-mens free-hold in those elder times , when as the english state was new moulded ) i here offer to his view : post conquisitionem , &c. i. after the c conquest of the kingdome , and the deserved subversion of the rebels , when the king himself with his nobles surveyed his new countrey , a diligent inquiry was made , who they were , which taking part in the war agaist the king , had saved themselves by flight : to all these , like as to the heirs of such as had fallen in the war , all hope of any lands , d possessions and e rents , which formerly they enjoyed , was cut off . for they accounted it no small favour to escape with life under enemies . but those who when summoned , came not to the war , or being occupied in houshold or other necessary affairs , were absent , when in processe of time by their constant f serviceablenesse , they had ingratiated themselves with their lords , without hope of succession , their children onely , and that but at the lords will , began to possesse . afterwards , when becoming odious to their lords , they were every where expelled their possessions , nor was there any that would restore what was taken away , a common complaint of the natives came to the king , that being thus hated of all , and bereaved of their estates , they should be enforced to betake themselves to forein parts . at length , after consultation upon these matters , it was decreed , that what by their deservings , and upon a lawful agreement , they could obtein of their lords , should be their own by inviolable right . but they should challenge nothing to themselves g by name of h succession , from the times of the nations subduing . which thing truly , how discreetly it was considered of , is manifest , especially when as thus by all means , for their own good , they were bound from thenceforth to apply themselves by constant i serviceablenesse to purchase their lords favour . insomuch as who of the conquered people possessed lands , or such like , obteined them not , as seeming to be due by right of succession , but in recompence of his deservings , or by some intervening agreement . hence we see how precariously matters stood with the generality of our poor countrey men ( in point of estate ) in those dayes , and with what observance and obsequious respect they were fain to carry themselves towards their conquering disseisors , to purchase many times but a modicum of what had lately been their own , and when they had it , see withall upon what kittle , rottering , uncertain terms they held k it . the relation comes from a very good hand , and is so authentike , as ( for ought i know ) it may be credited for it self . but if any man expect further confirmation , i suppose it may be found in bracton , lib 1. cap. 11. num . 1. where he hath this passage , and is in part seconded in it by fleta , lib. 1. cap. 8. fuerunt etiam ( saith he ) in conquestu liberi homines , qui liberè tenuerunt tenementa sua per libera servitia , vel per liberas consuetudines , & cum per potentiores ejecti essent , postmodum reversi receperunt eadem tenementa sua tenenda in villenagio , &c. the same l authour , fol. ●6 . and elswhere tells us of a sort of tenants , ad similitudinem villanorum sockmannorum per conventionem de gratiâ dominorum , licet hoc esset ab initio villenagium , &c. a passage , if not totidem verbis , yet in substance often repeated of him , in my judgement intimating thereby that practice of the tenants currying favour and complying with their lords , whereof in tilburiensis , and their obteining thereby to better their estates , and by degrees to creep out of villenage into a kind of socage , a tenure ( thus ) grown to that latitude and so comprehensive , as it helps to make that dichotomy , into which all the kingdomes lands in the hands of common persons , in point of tenure are resolved , chivalry being the other . now being of such note , a little further enquiry after the antiquity of the thing , and etymologie of the name , to clear the truth in both , wil not do amisse ( as i conceive ) in this discourse of tenures . by the common and received opinion of our lawyers , derived i suppose , and first suckt from ( that great ornament of their profession ) m bracton , the term is said to come ( to use the authours own words ) à socko , & in●e tenentes quitenent in sockagi● , sockmanni ▪ dici poterant , ●o quod deputati sunt , ut videtur , tantummodò ad culturam , &c. this ( of bracton ) is strongly backt by littleton , in his book of tenures , where treating of socage , he saith , that the reason why such tenure is called , and hath the name of tenure in socage , is this : because ( saith he ) socagium idem est quod servitium socae , & soca idem est quod caruca , &c. a soke or a plough . in ancient time ( for so he adds for further confirmation ) before the limitation of time of memory , a great part of the tenants which held of their lords by socage , ought to come with their ploughs , every of the said tenants for certain dayes in the year , to plow and sow the demesne of the lord. and for that such works were done for the livelyhood and sustenance of their lord , they were quit against their lord of all manner of services , &c. and because that such services were done with their ploughs , this tenure was called tenure in socage , &c. thus littleton , followed by the generality of our common lawyers and others since , not without a kind of popular errour , as under favour i conceive , and with submission to better judgements , shall endeavour to evince , without check ( i hope ) for presuming to control so great , so many , and those eminent lawyers , whereas here i oppose them not in point of law , but onely in matter of fact . the first exception then that i take against this opinion , is its inconsistencie with many several species of socage-land , or land said to be of socage kind or tenure ; such as petite sergeanty , escuage certain , frankalmoigne , fee-ferm , burgage , by divine service , and the like , which have no manner of relation to the plough , or matters of husbandry , as originally they say socage had , and therefore still reteins the name , though the cause whereupon it first grew be taken away , by changing the service into money . so littleton . an exception ( this ) warded off by the patrons of the present derivation , with a distinction of a double kind of socage , the one , that so called à causâ , the other n ab effectu , and to this latter sort ( socage in effect ) are these of them referred , as one would say , socage at large , because partaking of the like effects and incidents with socage . but this distinction carries with it no great antiquity , being questionlesse sought out since bractons time , as necessary to uphold that of his and his followers derivation of socage from the plough , otherwise so inconsistent with these tenures . not but that i hold them to be socage , with the common opinion , but from another cause , as i conceive , whereof anon . in the mean time , i have a second exception against the derivation , which is this : that though that of the plough may be the chief service , wherein socage is conversant , yet are the sycle and the syth , the fork and the flail , and many such like , attendants also upon it , and concomitant services with it in socage-land : to derive then socage ab aratro , that being but one species of socage-services , is as improper under favour , as at this day to define feudum ( comprehending whatsoever fee is constituted for any lawful and honest service , although not military ) by what the feudists call clientela militaris , because a chief part of feudal service is military , and that of old fees , for the most part , were granted out militiae causâ , an error into which o vulteius challengeth hotoman to have fallen , in his definition of feudum thence , which my author cals a definition of a genus , by a species , concluding it not logical . a third exception taken to it may be this , that if socage-land be so ancient ( under that notion ) as king alfreds time , as p some will have it , who tels us that in those dayes socage-fee was divided between the heirs males , why then was it not rather from the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , signifying ( what soc never did with them ) a plough , ( whence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for plough almes , being a pension of a penny imposed upon every plough , in the name of q almes ) called sulh-age , or sul land , to say plough-service-land ? or how could it in those times be called socage in the sence by this derivation intended , when the word soc , if it signifie a plough ( as it doth a plough-share ) being in that sence a french word , cannot in any reason be thought to have taken place here , i mean in the saxons times , and so long before the french , by their conquest , and intermixture with us following thereupon , had prevailed to suppresse and extirpate the english language ? but if it cannot pretend to so much antiquity , as being a term , as well in the original , as in the sence , norman , or french , then probably they would not have imposed it without some pattern , some precedent , of their own countrey , as used there in like case : but doubtlesse this was wanting , their r term for land of this condition being tenement villein , villein fief , fief roturier , heritage roturier , and the like . besides , had the term been of their imposing , with intent to have it signifie tillage-service , char●● being the usual word with them for a plough , fetch 't from car●●● ( whence their carucata terrae for a plough land , no● heard of here with us until their coming hither : ) more likely it had been called ſ carucag● , or the like , as a certain tribute by our hen. 3. imposed by the plough , was therefore called caruage , carucage , and the like . my next and last exception is from fleta's derivation of socmanni , t where speaking of the kings manours , he saith : in hujusmodi verò maneriis erant olim liberi homines liberè tenentes , quorum quidam cum per potentiores è tenementis suis ejecti fuerant , eadem postmodum in villenagium tenenda resumpserunt : & quia hujusmodi tenentes cultores regis esse dinoscuntur , eis provisa fuit quies ne sectas facerent ad comitatus vel hundredos , vel ad aliquas inquisitiones , assisas vel juratas , nisi in manerio tantùm , dum tamen pro terra , quorum congregationem tunc socam appellarunt ; & hinc est quod socmanni hodie dicuntur esse . a soca enim derivantur , &c. where , though he say that the socmanni were cultores regis , yet he sayes not that thence they were called socmanni ; but that their congregation , ( their assembly or company ) was called soca , and hence it is ( faith he ) that they are termed socmanni , for they are derived from soca , &c. thus he . now if from soca ( an assembly of husbandmen ) then not from soc , sock , or soke , ( a plough . ) to come now to that which i conceive to be the right and genuine derivation of the term ( socage . ) to expresse a liberty , immunity , franchise , jurisdiction , protection , priviledge , &c. our saxon ancestours were known to have and use a word somewhat variously written of them , viz. soc , socne , soken , and the like . hence ( to proceed to instances ) sanctuary , the priviledge sometime so called , was of them termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , otherwise u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . with them also x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signified a jurisdiction to keep the peace . y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , an immunity from service in war , or from warfare . z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the lords protection to his man or tenant . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , being of a double sence , signified both a priviledge or protection against assaults upon a man in his own house , or under his own roof , and a liberty or franchise to hold plea thereof , with power of animadversion by mulct , or fine . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 imported a liberty or priviledge of faldage , debarred and denied unto tenants in times past , and by the lord , for the inriching his own demesne lands , reserved to himself . hence their word , faldwrth , for him that enjoyed such a liberty . shall i now give you one example from the normans ? nullus enim socnam habet impunè peccandi , say the laws of hen. 1. cap. 24. speaking of barons having soch . and ( to enlarge yet a little further touching soc , &c. ) as it signified a liberty , immunity , franchise , priviledge , jurisdiction , &c. so withall a territory , precinct , or circuit , wherein such a jurisdiction , and such priviledges were to be exercised , and that as well in a simple , as a compounded notion . hence ( for the former ) socha of this and that place so obvious in domesday-book , whereof some instances in ingulphus , by name , soka de donnedike , soca de beltisford , soca de tad , soca de acumesbury . in this sence it frequently occurrs in hen. 1. laws , where you may also often meet with c soca placitorum quam quidam habent in suo de suis , and other such like passages . in the same sence the register hath it , fol. 1. a. as also bracton , lib. 5. tract . 1. cap. 2. num . 3. in the statute de g●v●leto , made anno 10. edw. 2. ( where the custodes , the guardians of the soke , are termed sokerevi , of dr. cowell ) turned by rent-gatherers ) and in the statute also 32. hen. 8. cap. 29. it is used accordingly . thus of soke , or soken simply . in composition it occurrs often with port. as for example , the knighten gild , sometime in or n●●r east-smithfield london , erected first by king edgar , and confirmed with some inlargement afterward by succeeding kings , ( being a portion of ground enfranchised with special liberties , to be enjoyed within that extent of it set forth by d s●ow ) was anciently called a soke , and afterwards , ( because lying by eald-gate , now algate , port being added , or rather preposed to it ) portsoken , being for extent and otherwise , i take it , the same , which at this day is known there by the name of portsoken-ward . here now we find it restrained to a part onely of a city , a particular ward , but in some ancient charters of liberties granted to several cities , and other like places of this kingdome , and particularly to london , you may find it spreading it self to the utmost skits and liberties of the city without the wals , as in h. 3. e charter to that city , ann . 11. of his reign : et quod infra muros civitatis , neque in portsokne , nemo capiat hospitium per vim , sed per liberationem mareschalli , &c. the like occurrs in several charters to the city of canterbury , whereof one ( 'tis henry the seconds ) thus : concessi etiam eis quietantiam murdri infra urbem , & in portsoka , & quod nullus , &c. another ( of henry the thirds ) thus : concessimus etiam quod nullus de civitate vel portsoka sua captus vel rectatus de aliquo crimine vel forisfacto pro qu● debeat imprisonari , imprisonetur alibi quam in prisona ejusdem civitatis , &c. a little after : et quod nullus externus faciat forstallu●● in civitate praedicta , vel in portsoka sua ad no●umentum civium , &c. i spare to add more instances , it being plain enough by these , that the liberty of the place in the full extent of it is intended by portsoca : you may call it not improperly , the extent of the franchise . the fore-cited statute 32. hen 8. cap. 29. by occasion there given to mention the soke of osweldbeck in nottinghamshire , useth the terms of lordship and soke indifferently , to expresse the territory wherein the custome there mentioned took place , whereby it seems our term ( soke ) also signified a lordship , the word extending thither , i conceive from the extent of the priviledge so called throughout the whole compasse of the lordship , viz that whoever is dignified with it , and its constant concomitant sac , as regularly all lords of manours are , hath that dominion over all men and matters of his territory or lordship , as freely to hold plea , and have and take cognizance of the one , and between the other , in such matters , i mean , as ( in the language of hen. 1. f laws ) exceed not his soch , his cognizance , as being haply regalia , certain arduous or capital matters reserved to the king and his justices . hence , to have socne , or to be so priviledged , after a book of christchurch canterbury , is aver fraunche court de ses homes , answerable to that of fleta , lib. 1. cap. 47. soke ( saith he ) significat libertatem curiae tenentium , quam socam appellamus , as also to what i read in an old ms. amongst other etymologies of this kind : nota quod sok est quaedam libertas , per quam domini tenebunt curias suas , & habebunt sectam homagiorum . a great g lawyer of our times gives it this definition : soc ( saith he ) is a power or jurisdiction to have a free court , to held plea of contracts , covenants , and trespasses of his men and tenants . within a little after he proceeds to derive it , in a different way ( though not without some company ) to what is here afore-proposed ; how rightly judicent ali● . shortly , soc , soke , socne , and the like , ( not to mention its derivation in clement reyners h onomasticon , and some others ) betokened we see , both a liberty , priviledge , franchise , &c. and a precinct , or territory , wherein such a liberty , &c. was exercised , if you will , a sokmanry . and resolving our socage ( the tenure so called ) to be deriveable from soke , considered under one of these acceptions , i stood irresolute a while to which of the twain i should referr it . once i intended to pitch upon the latter : and then me thought , as the territory , precinct , extent , circuit , &c. of a lordship or manour was called soca , and socmanria , so probably the men of that territory , precinct , &c. in respect of their relation to that soke , and their dependance upon it , and the lord thereof by tenure , were termed socmanni , that is , men apperteining to the soke , or lordship , quasi socae ascriptiiii ; homines socae : and consequently , as in that respect the men were called socmanni , so their services , ( those duties in works , provisions , moneys , or otherwise , which by their tenure they were to return to the lord of the soke ) were called socage ; tract of time having added to soke or soc , ( what a i famous lawyer of these times cals a legal termination ) agium , in composition ( saith he ) signifying service or duty , as homagium , the service of the man ; esc●agium , servitium scuti , &c. and so the parts being put together , ( soc and agium ) it comes forth socagium in latine , socage in english . thus , i say , was it sometime in my thoughts to have derived socage , and indeed not altogether improperly in a large sence ; all sorts of tenants of or to a soke , ( the caetus tenentium aut vassallorum mancrii , the homage , as sometime called ) being from their relations to the soke or lordship , and the lord thereof , not unfitly called socmanni , and their service & tenure consequently socagium . but at length , upon second thoughts , i concluded this somewhat too large and vast a derivation , as being comprehensive of all sorts of tenants , villeins and all , which , with the k authour of the terms of law , i conceive to be improperly called sokemen , or their tenure socage . besides , when i first pitch'd upon that derivation , i conceived the tenants whole service to be ( if i may so call it ) socal , respecting onely the soke , not foreign , whereas afterward i found that socage-service was not so to be restrained , it being ordinary with tenants in socage to do service extra , or foris , socam , as to ride with their lord from manour to manour , ( like the rod-knights in l bracton ) to carry and pay rent to the lord , and to deliver him corn and other provisions at his granary or elswhere out of the tenants proper soke , and the like : in which respect also with what incongruity are pure villeins called sokemen ? since they are so far from being tied to the soke , that they may be commanded out , and imployed abroad wheresoever the lord shall please , as well without as within the soke . changing therefore my opinion , as to that derivation , and looking further back to that other ( the former ) sence of soke ( a liberty , priviledge , immunity , franchise , &c. ) i resolved finally to derive and fetch it thence ; and thus i make it good . amongst other sorts of land , our books are full of that called terra servilis , villein-land , land holden in villenage , servile land , such namely ( for fuller explanation of it ) as that holden at the lords will , both for time and services ; in both respects uncertainly ; for time , it being in the lords power ( of old m at least it was so ) tempestivè , or intempestivè , to revoke , and resume the same out of the villeins hands into his own , and for services , the tenant being altogether ignorant , and not knowing over night what service may be required of him the next morning . he might also have greater or lesser taxations laid upon him , at his lords will : nor might he marry his daughter without a fine to his lord , for his leave and licence , & ita semper tenebitur ad incerta , saith my authour . now to defend land against the lord from villenage , and to come off acquitted of this servitude and servile condition , it was and is necessary of the tenants part to shew a tenure of his land , by opposite and contrary services to those in villenage , that is , per certa servitia , by certain , expresse , definite , services : and , as otherwise it may be concluded , that his tenure is villenage , so hereby , if the service be not regal , or military , it is as cleerly socage . for , that certa servitia , are a supersedeas to villenage , and do make it to become socage , proofs are obvious . to this purpose consult we bracton , lib. 2. cap. 16. num . 9. as also ●od . cap. num . 6. where he is expresse for the tenants acquital from all other services , ( some being expressed in the charter made him by his lord ) than what are specified therein : alia omnia servitia & consuetudines quae expressa non sunt tacitè videntur esse remissa : and satis acquietat ex quo specialiter non onerat . see him again , cod . lib. cap. 36. num . 8. at these words : cum teneatur sockmannus defendere tenementum s●um erga dominum suum per cerium redditum in pecunia numerata , vel per quid tale , quod tantundem valeat , quae consistunt in pondere , numero , vel mensura , in solido vel in liquido , sicut frumento , vino , oleo , secundùm quod redditus diversimode accipiuntur , &c. have recourse also to the same authour , lib. 4. tract . 1 cap. 23. num . 5. at these words : dum tamen servitia certa sunt ; si autem incerta fuerint , qualecunque fuerit tenementum , tunc erit villenagium , &c. add , as agreeable hereunto , that of sir edw. coke , in his commentary upon littleton , sect. 120. to tenure in socage ( saith he ) c●rta servitia do ever belong . hence it is , that the authour of the terms of law , expounding socage , or tenure in socage much after the same manner with bracton , ubi supra , ( to wit lib. 2. cap. 1● . num . 9. ) saith , that to hold in socage , is to hold of any lord lands or tenements , yeilding to him a certain rent by the year for all manner of services . you see it proved then , that certa servitia , certain services , so they be not military , make a socage tenure . the ground whereof is obvious , viz. that by such tenure ( per cert● servitia ) the tenant hath a soke , a priviledge , an immunity , a quietus est , as from villenage in general , so from all villein , military , or other services than those by contract , or custome n charged upon him : a soke , i say , whereunto ●gium being added , signifying the service or duty to be returned for that priviledge , it comes forth socagium in latine , socage in english , as , by putting man to soke , the tenant is signified , and called sokeman . but if soke here carry with it such a sence , ( of immunity , discharge , priviledge , &c. ) how comes it then to passe ( may some perchance demand ) that liberum is often found to accompany socagium , as liber also doth socmannus ? for answer , i conceive , to distinguish free socage from base . not but that base socage had its priviledge as well as the other , as being holden by services set and certain , or determinate ; but in regard those services regularly consisted in servile works incident to villenage , the tenure gat the name of villanum socagium , to distinguish it from liberum socagium , acquitted of those servile works , and consisting o in denariis . from hence also ( such a soke , such a priviledge ) it is , that the villanum socagium in the kings demesne is turned of p bracton and others , by villenagium privilegiatum . by the way , hence judge whether i am not right in my derivation of socage from soc , soke , &c. a priviledge , &c. when here you see villanum socagium of bracton and others , rendred by villenagium privilegiatum , i. e. priviledged villenage . 't is time now that we inquire how this derivation will suit with those before remembred tenures , by divine service , in frankalmoigne , fee-ferme , petite sergeanty , escuage certain , burgage , and the like . whereto i answer , very well . for , as they were all , through a tacite discharge from corporal service in warfare , excused from military fee , or tenure , so on the other side , by reason of an expresse tenure per certa servitia , or per certum redditum , common to them all but frankalmoigne , they were rendred quit and free of villenage , and consequently became of socage tenure . as for frankalmoigne , as it may challenge an interest in the composition of socage from soc or soke , and agium , to wit , in the former syllable , so on the contrary side , hath it as little to do with the latter , because such tenure is quit of all service whatsoever , as well spiritual , ( unlesse q uncertain ) as temporal . but because as it hath not to do with military service on the one hand , so neither with villenage on the other , and hath its priviledge expressed in that epithete of libera , it is referred to socage , as in some sort such . this then is that ( this tenure per certa servitia ) that makes tenure by divine service , of no relation to the plough , to become socage . this makes also fee-ferme , a meer censual service , ( much in the nature of that which among r civilians is called ager vectigalis ) as being liable onely to so much yearly rent , without any other service regularly , unlesse fealty , suit of court , or the like , according as the feoffment may run , and having nothing to do with the plough , to become socage . this makes escuage certain , another tenure of no relation at all to the plough , but quatenus escuage , as it is simply escuage , eo ipso , of ſ knight-service , because by being certain it draws him not forth to any corporal service in war , to be also termed socage , whilest contrarywise what is properly called escuage , that namely which is uncertain , and so called , because ( besides its subjection to homage , fealty , ward , and marriage ) it is uncertain how often a man shall be called to follow his lord into the wars , and again what his charge will be in each journey , from being liable , i say to this uncertainty of duty , is t knight-service . hence ( fourthly ) it is that burgage ( a tenure no way smelling of the plough , or tillage , being currant and conversant onely in cities and towns ) because holden for a certain annual rent , becomes with the rest socage . hence also our kentish gavelkynd , considered in its name or term , ( betokening censual land ) of no affinity with the plough , or plough-service , because , i say , holden per certa servitia , comes to be called socage . the like might be said of frank ferme , and other the remaining species of socage-land : one and all , as properly so called , as rightly , and with as much reason referred to that head of our english tenures , as that which for its plough , or tillage , service is said to be more peculiarly so called , standing not in need of that distinction which the common opinion useth to bring them within the compasse of it , called ab effectu , because of like effects and incidents belonging to them with socage tenure ; a distinction by this derivation rendred frivolous and needlesse , and under favour therefore as fit to be laid aside , as their u assertion is to be retracted , who , to vindicate the reteining of the name of socage , as of use onely to distinguish that from a tenure by knight-service , affirm that the cause wherupon the name of socage first grew , viz. plough-service , is taken away , by the change of such service into money , whereas presupposing our present derivation of socage to be admitted , both name and cause still continue . thus much for socage , a term that to me first occurrs in glanvill , never as yet in any elder record . in a roll of x accompts of the archbishop of canterburies mannours , for the sixth year of archbishop baldwyn ( glanvills coaetanean and companion in his voyage and expedition , with king richard the first , to the holy land ) which by computation was the year of our lord 1190. it occurs by the name of soggagium thus : super soggagium london remanent xx . d. and this in croydon manour there , amongst the expences and deductions following the receipts of that year . which i mention , not as conceiving it no elder than hen. 2. dayes ; yes i rather hold socmannus , socmanria , and socagium to be relatives , and consequently that where the one occurrs , the rest are implied : but socmannus is obvious in domesday-book , and lesse ancient therefore i perswade my self socage and socmanry are not . nunc age , carpe viam , susceptum perfice munus . now therefore to come to our quaere , ( whether gavelkynd be a tenure or a custome ) and give it an answer : i confesse there are that in some sort hold the negative , as who will have it to be a custome accompanying the land where it obteineth , rather than a tenure whereby the land is holden , holding the whilest the tenure to be socage : and of this opinion y mr. lambard doth more than seem to be . now between tenure and custome in this case with us , the difference , as i collect , stands thus : admit it onely a tenure , and then the nature of the land is not concerned in point of descent ; so that in some cases ( as the escheat of it by death or cessavit , to the lord that holds over by knight-service , or to the crown by forfeicture in treason and the like ) it ceaseth to be any longer of gavelkynd-nature , in point of descent , and goes not , as before to all , but onely to the eldest of the sons , according to the course of the common law : whereas if it be a custome following the nature of the land , then it is , say they , inseparable from that land where it obteineth , insomuch as notwithstanding this escheat , or whatever other alteration of the tenure , it remains , as before , partible among all the sons , or other heirs where sons are wanting . but to the point . to prove gavelkynd to be a ●enure , i shall not need , i think , to multiply authorities , the generality of those ancient deeds that i have seen for the granting lands in gavelkynd ( whereof some are exhibited in the appendix ) are wont to have their tenendums ( the usual and more proper place for the creation of a tenure in any kind of grant ) thus phrased : tenendum either ad or in gavelikendam , or the like . the office recited of mr. lambard , in his peramb pag. 540. found after the death of walter culpepper is alike phrased : tenuit in gavelkind being a much repeated passage in it . the statute 18. hen. 6. cap. 3. in terms calleth it a tenure , taking knowledge , that there were not at that day within the shire above 40. persons at the most , which had lands to the yearly value of xx . pounds without the tenure of gazelkynd , and that the greater party of this county , or well nigh all , was then within that tenure . and this alone ( which i shall add ) may evince and clear it to be a tenure , that since the statute of quia emptores terrarum , anno 18. edw. 1. prohibiting the subject to let land to be holden of himself , as there are not to be found any more grants of land z pro homagio & s●rvitio , so neither in gavelkynd . for brevity sake , i will urge no more authorities of this kind . being thus then apparently a tenure , how cometh it to passe that we so usually call it the custome of gavelkynd , seldome either making or finding mention of gavelkynd , but with that adjunct , and under that notion of custome ? indeed the property of equal partition is and hath so long been of that eminencie in our kentish gavelkynd , and it so much celebrated for that property , that as if it were the sole and onely property of it , all the other , in respect wherof this land may as well be called gavelkynd as for this , are as it were forgotten , and that onely carries away the name from its fellows : whereas that of partition ( as hath been said before ) is but one among the many other properties and customes in our kentish gavelkynd , such as dower of the moyety ; a losse of dower by marriage before or after assignement ; b not to forfeict lands for felony ; power of alienation at fifteen years of age , and the rest obvious in the kentish custumal . and because this , of partition , amongst the rest , properly depends of custome , as thwarting the course of the common law in like case , hence the quaere grew at first , whether gavelkynd were a custome or a tenure . indeed a very improper and incongruous quaere , and occasioned by the want of that distinction of the genus from the species , which through inadvertencie are here confounded , gavelkynd being the genus , & partition the species . so that if we shall but reddere singula singulis , this doubt will quickly have an end : gavelkynd generally spoken of and in grosse , is the tenure ; particularly , and with reference to this partition , it is a custome accompanying the land of that tenure . or , if you rather will , gavelkynd is the tenure ; partition , and the other properties , the nature . which solution gives occasion of another quaere , and that indeed a main one : whether ( namely ) this custome of partition in gavelkynd-land , be so inherent in the land , and so inseparable from it , that notwithstanding the tenure of the land be altered , yet the land shall st●●l retein this property ? no more ( i take it ) than the rest of the fellow-properties as much depending upon custome as that , and for which the land may deserve the name of gavelkynd , as well as for that , and therefore some perhaps will say it shall retein them all indifferently . i shall not here ingage as an opponent , onely invited by this fair occasion , crave leave to propound academically , what in like case i find delivered by others , conducing ( in my judgement ) to facilitate the resolution , leaving it to such as have more will to debate , and better skill to decide , the question than my self , to give a fuller and more peremptory resolution in the point . i may ( i take it ) not improperly state the question thus : whether the person in this case shall follow the condition of the land , or on the contrary , the land that of the person . the former ( it seems ) takes place in paris , the french metropolis , by the custome of the place : whence that of choppinus , treating of those customes , pag. 316. parisiensi i●●em munic●pi● ( saith he ) quod gentilitiâ pariter sulget nobilitate clarorum virorum , usus familiae herciscundae minus est obnoxius invidiae . ubi scilicet , non persunarum , sed fundorum conditio nobilis , plebeiave , partes assignat . to which he adds a little after : h●●d ide● tamen dividundarum haereditatum rati● immutata est parisiis : cum nobiles fundos , plebeii nobiliter , & ignobiles aequojure generosi invitem partiantur . to the same purpose c our authour elswhere ●els us , that priseo quodem g●llici fori usu , plebeius fundus haud ideo pristinam exuebat conditionem ; quòd à recto ipsius domino aere comparatus esset : ni ejus nomine comparator in clientelam se , unà cum superiore fundo suo , ad patronum contulisset ; which his margin elswhere d records thus : anciennement les rotures a●quises par le scigneur direct , se partageoient returierement , si non que le dit acquereur les comprint en l'adveu de son fief , le rendant au superieur . thus went ( it seems ) the more ancient custome in those parts . but tempora mutantur . the case of latter times is altered there , as the same authour gives us to understand in both the last fore cited places : at post●rioris aevi jurisprudentia , mutatis calculis , novam invexit servientis fundi unionem tacitam , & consolidationem cum altero dominante , ac parem adeo utriusque qualitatem praenobilem : ni si illius emptor subinde contestationem interposuisset contrariae voluntatis . thus in the former place . in the latter thus : nostrae tamen aetatis moribus , diversum obtinuit , censuales nempe & obnoxios agros solâ per rectum dominum acquisitione , prorsus uniri , in unúmque redigi cum praedio dominante : nisi protinus emptor contrariae voluntatis testationem interposuisset . the effect of both is this , that censual lands by purchase coming unto the direct lord ( the lord of the fee , or over lord ) a●e , ipso jure , feudal , and shall accordingly descend , as thereby re-united to the fee , unlesse the buyer , at the time of purchase , do protest to the contrary . will you please to hear his reasons ? unionis nempe vis illa eò producitur , ut ignobile praedium , militari junctum , nobilitetur : eque plebeio as so●● vectigalibus obnoxio , transeat in feud●lis clientelae sortem liberiorem . thus he , de moribus parisior ▪ pag. 58. much what one with that in the other place ( de domanio franciae , pag. 41. ) quoniam tacita praediorum unione , confusa erant jura servitutum , census & solarii vectigalis : cum rei propriae nulla superforet servitus , ex●ndéque vectigalis sundi qualitas esset immutata . thus he , whom see also , if you please , de domanio gallic● , pag. 168. num . 2. also pag. 284. num . 1. to whom add hotoman , de feudis , lib ▪ 1. tit . 5. parag . 2. in fine . you see by this how the present case stands in some parts abroad . here at home , as it seems by the very custumal of kent , in two several cases therein specified , the descent of gavelkynd-land is changeable , and the land becomes unpartible ; first ( namely ) when by escheat , happening either by death , or cessavit ; next , when , by the tenants voluntary surrender , it comes into his lords hands , who holds by fee of haubert , or by grand sergeanty , both which e mr. lambard takes to be knight-service . to which may be added two other cases , which occur in an ancient kentish eire , in the exchequer , ann . 29. edw. 1. where enquiry being made , and the question propounded to the kentish men , how many ways gavelkynd-land might be altered , and delivered from the ordinary and custumary descent , answer was given by four , instancing in the two former , and to them adding those other two , namely , 1 ▪ per licentiam regis , ( by the kings licence ) and , 2. per chartam archiepiscopi , ( by the archbishops f charter . ) against this , and on the other side , ( inter alia ) may be opposed what is pleaded in the fore-remembred controversie between burgade bendings , and the prior and covent of christchurch canterbury , wherein the prior , in barr of burga's claim to the moyety of his and the monks manour in franc bank , g pleads , quod dominus rex qui manerium illud deait praedecessoribus suis , non tenuit illud nomine gavelkinde . whence ( admitting the plea for law ) naturally seemeth to result this double consectary . 1. that the king may hold land in gavelkynd . 2. that the king holding land in gavelkynd , in case he shall grant it away to any religious house , in puram & perpetuam eleêmosynam , ( in frankalmoigne ) it remaineth notwithstanding partible , as before it came to the crown , in their hands at least whom the religious men shall infeoffe with it . much more doubtlesse might be said in the point , as well pro as contra : but i shall leave it to be further argued by lawyers , adding onely in a word , what upon the whole matter i conceive of the case . i would ask then , if our kentish gavelkynd-land be partible quatenus gavelkynd ? i expect no other than an affirmative answer . if so , and admitting withall that such property in gavelkynd-land owes it self to a custome accompanying land of that nature ; yet i suppose it shall enjoy that property no longer than the land it self continues to be gavelkynd , which some hold it is not , being once returned and come back again into the lords hands , ( the king especially being lord ) that granted it out in gavelkynd , or of whom it formerly held in gavelkynd : because then , as h cessante causâ sollitur effectus , so by reason of the unity of possession , the usu fructus ( i cannot well english it ) being consolidated and made one with the property , that property of being censual land , which gavelkynd denotes , and which cannot be intended of any land holden in demesne , and not in service , ceaseth , and is quite extinguished , there being required to make the land censual , a censual tenant , one that holdeth by censual services , such as here is none ( especially in the kings case ) when once the land is come home again , reduced to its first principles , and re-united to ( what , like fief , is opposed to service-land ) the lords ▪ in-land , or demesne-land , ( as in the case of a common lord ) or to the crown , i à quo omnia feudamoventur & ●riuntur , the fountain whence all tenures are derived , ( as in the kings case ) from whence by the letting it out in gavelkynd , it was formerly severed . to this purpose see petri gregorii tholosani syntag. jur. univers . lib. 6. cap. 5. num . 11. but of this also hitherto , for i hasten to an end . proposition v. whether before the statute of wills ( 32. and 34. h. 8. ) gavelkynd-land in kent were deviseable , or not . in answer whereof , holding with those which resolve it in the negative , howbeit ( for my part ) not studio partium , but veritatis amore , i shall oppose to such as hold the contrary , what arguments are brought against them and their opinion , in a case of mr. halls of kent , verbatim , as i find them published in print , which here follow , with their title : reasons and authorities to prove that gavelkind-lands in kent , are not , nor were anciently deviseable by custome . first it is a rule in law , that an assise of mortdancester doth not lie of lands which are deviseable by testament , &c. and this appears by divers books , as namely , 4. edw. 2. mortdanc . 39. 22. assiz . 78. and fitz. nat. brevium 196. 1. but it appears by bracton , fol. 276. b. that an assize of mortdancester will lie of gavelkind lands in kent , and so it appears by divers ancient records , quod vide in itinere johannis de berewicke , &c. anno 21. edw. 1. copia . fol. 1 , 7 , 22 , 24. & in itinere h. de stanton . anno 6. edw. 2. copia . fol. 1 , 8 , 9 , 10 , 13. by which it appears plainly , that an assize of mortdancester lies of gavelkind lands in kent . but an assise of mortdancester doth not lie of lands within the city of canterbury , because lands are there deviseable by custome , as it appears in dicto itinere h. de stanton , fol. 3 , 4 , 6. and it is evident , that in the city of canterbury , ( which was anciently part of the county of kent ) there was a special custome used to devise lands , lying within the liberties of the city , and to prove their wils in the court of burgmote in the same city . but there needed no such custome , if all the gavelkind lands in kent had been deviseable , &c. also the most part of the ancient wills of gavelkind lands in kent , before the statute of uses did mention feoffees of the lands devised , &c. as appears by the register-books of wills , at canterbury , and at rochester , whereby it doth appear , that the devisors were cest●y que uses , and not owners of the land devised , and although some wills of land make no mention of feoffees , yet there were feoffees of the same land , as will appear by the deeds of feoffment thereof , and twenty to one do mention feoffees , &c. also sir john fineux chief justice de r. b. sir robert read chief justice de c. b. and sir john butler , justice , &c. devise their lands in kent before the statute of uses , and make mention of feoffees , &c. which had there been a custome to devise , no question they had taken of it , &c. also many ancient deeds of feoffment of lands in kent referr to wills , sc . dedi , concessi , &c. a. b. omnia terras & tenementa , &c. ad opus & usum perimplendi ultimam voluntatem meam , &c. also there are wills to be found of lands in diverse other counties of this realm , whereby lands were devised before the statute of uses , and no mention made of any feoffees , as appears in the register-books of the prerogative court , and in diverse other places , and yet without doubt they bad feoffees seised to their uses , &c. or else they could no● there devise the same . also the houses and lands in cities and burroughs , which were deviseable by custome , were reckoned inter catalla sua ; but it were strange that all the socage lands in kent ( which are conceived to be gavelkind ) should be reckoned inter catalla , &c. and in the register , fol. 244. there are fourteen several writs of ex gravi querela , and none of them make mention of any county , &c. nor of gavelkind , but secundum consuetudinem civitatis , or secundùm consuetudinem burgi , &c. and if gavelkind lands be deviseable by custome , &c. the devisee can have no writ of ex gravi querela , because there is none before whom the action or writ should be brought , &c. also mr. lambard in his perambulation , writing of the customes of kent , maketh no mention of any custome to devise lands : nor the treatise called consuetudines cantiae in the old mag. charta , fol. 147. which ( without doubt ) they would not have omitted , if there had been any such custome , &c. also between the statutes of 27. h. 8. of uses , and the statutes of 32. of h. 8. of wills , there were very few wills made of lands , as appeareth by the register-books before mentioned , and the most of such wills as were then made ( being but few in number ) do make mention of feoffees . also the common practice ever since the statutes of wills hath been such , that if a will be made void for a third part , by a tenure in capite of part of the land ▪ &c. that third part shall descend to the heir , and the devisee shall not have it ; and this appears by special liveries in the court of wards proving the same ; and by diverse witnesses that can prove the same to be so , &c. and in sanders case of maidstone , in anno 9. jacobi regis , all the lands were devised by will , and after the will was avoided for a third part , by reason of a tenure in capite of a small part of the land , and the third part of all the residue of the lands , being gavelkind , did escheat to the king for want of heir , which land is ever since enjoyed under the kings title by escheat . and john wall upon a trial recovered against white the devisee . whereby it is evident that gavelkind lands in kent were never deviseable by custome , and so it was agreed per curiam pasch . 37. el. in c. b. in halton and starthops case , upon evidence to a jury of kent , & it was then said , that it had been so resolved before , and there it was said per curiam that fitz. nat. brev. 198. l. is to be understood where there is a special custome , that the land is deviseable , &c. and he that shall conclude upon that place of fitz , nat. brev. 198. l. that all gavelkind land is deviseable , &c. may as well conclude , that all lands in every city and burrough in england is deviseable , which is not so , as appeareth by mr. littleton , who saith that in some burroughs by custome a man may devise his lands , &c. and if gavelkind lands were deviseable by custome , &c. then a man may devise them by word without writing , as it is agreed in 34. h. 8. dyer . 53. for a man may devise his goods and chattels by a will nuncupative , so may he likewise devise his lands deviseable by custome , because they were esteemed but tanquam catalla , &c. and it would be a mischievous thing , if all the gavelkind in kent should be deviseable by word onely . to these arguments and objections against the custome , certain answers and exceptions by the learned counsel of the adverse party have been framed and returned in behalf thereof , reducible to three heads : which ( to avoid all just suspicion of partiality and prejudice wherewith some zealous advocates and contenders for the custome have been , and may again be , ready to asperse me ) i shall here subjoyn ; together with such answers and arguments ( by way of reply ) as i have received from the learned counsel of the other side , in further and fuller refutation of theirs who endeavour to uphold the custome . the learned counsels arguments in behalf of the custome . first , they deny the old book of 4. edw. 2. fitzh . mortdancester 39. ●o be l●w. but an assise of mortdancester lies of land deviseable , if it be true that his ancestour died seized , unlesse it appears that the defendaut claims by some other title . but if the defendant plead that the land is by custome deviseable , and was devised unto him , it is a good barr of the action . secondly , they rely much upon the book of fitzherb . natura brevium , fol. 198. which sayes , that a writ of ex gravi querela lies where a man is seised of lands or tenements in any city or burrough , or in gavelkynd , which lands are deviseable by will time out of mind , &c. whence they inferr that all gavelkynd-lands are deviseable by custome . thirdly , they cite the treatise called consuetudines cantiae , in the book called old magna charta , and lambards perambulation of kent , fol. 198. that lands in gavelkynd may be given or sold without the lords licence , and they interpret the word given , to be by will ; and the word grant , to be by deed . the reply to the fore-going arguments , by such as stand in opposition to the custome . as to the first objection against the argument taken from the assise of mortdancester , they reply thus : first , they maintain , that the custome alone , without an actual devise is pleadable in abatement to an assise of mortdancester , as well as the custome with an actual devise is pleadable in barr : for which there is not only that book of 4. edw. 2. but also bracton , lib. 1. fol. 272. ubi non jacet assisa mortis antecessoris , among his pleas in abatement of the writ , ( having before treated of pleas in barr to it . ) cadit assisa ( sayes he ) propter consuetudinem loci , ut in civitatibus , burgis , &c. and 22. assis . pl. 78. where upon the like plea the writ was abated : and fitzherb . nat. brev. fol. 196. i. ( whose authority they think strange to be denied in a matter of law , wherein he was a judge , and yet so strongly relled on in a matter of fact and custome , in a place whereto he was a stranger : ) and so was it practised and allowed in itin. johan . de stanton , 6. edw. 2. and the reason given by the book , why such a custome is pleadable in abatement to this writ , is because the suggestion of the writ may be true , that the ancestour died seised , &c. and yet the heir have no title where the lands are deviseable . and it is the property of this writ , that the dying seised must be traversed ; and though the tenant plead the feoffment of the ancestour , or other matter in barr , ( that is not matter of estoppell to the heir , as a fine , recovery , &c ) yet must he traverse the dying seised , and the jury shall be summoned and charged to inquire , if the ancestour die quo obiit seisitus fuit , &c. and so are the books of 9. assis . pl. 22. 27. hen. 8. 12. brooke mortdancestor . 1. old nat. brev. fol. 117. and diverse others . nor is there any opinion to be found in any book of law against that book of fitzherb . mortdancestor , 39. until the 15th of king charles , launder and brookes case , crooke , lib. 1. fol. 405. obiter , upon the trial of this custome . 2. admit that at this day the law is held to be otherwise , yet it appears by all the authorities aforesaid , that in those times the law was taken to be , that the mortdancestor did not lie where there was such a custome : but it was a good plea in abatement of the writ . and yet assises of mortdancestor were then frequently brought and maintained of lands in kent , as appears by bracton , and the books abovesaid . 3. whether the custome alone be pleadable in abatement ; or the custome with an actual devise be to be pleaded in barr , they say it cannot be shewn ( if it can they challenge them to do it , who would maintain the custome ) that it was ever pleaded one way or other , either in abatement , or in barr , to any one of all that multitude of assises of mortdancestor brought at large in that county , when in so small a city and county as canterbury ( where indeed there is such a custom ) they shew it often pleaded to writs of mortdancestor brought there before roger de stanton and other justices in eyre . secondly , to the book of fitzherb . nat. brev. fol. 198. upon the writ of ex gravi querela ( from whence the ground of this question sprung ) they answer , that the sence and meaning of that book ( no lesse than the grammar of it duly observed ) is no more , then that the writ of ex gravi querela lies there where lands in any city or town , or in gavelkynd , are deviseable by custome . not that all lands in cities , and burroughs , and in gavelkynd , are deviseable by custome . so that the mistake ariseth by making that a categorical , which is but an hypothetical proprosition : and serves rather to ground an argument against the custome . for if the writ of ex gravi querela does lie there , where there is such a custome ; then ( à contrariis ) it may well be argued , that where a writ does not lie , there is no such custome : and it cannot be said to lie there ( for fitzherbert speaks of places : ) where it was never brought . they say further , that this writ of ex gravi querela is a formed writ in the register , appointed by law as the proper remedy of the devisee , where such a custome is : and that therefore it hath been required by the judges , as a necessary proof of such a custome , that it be shewen that this writ hath been used to be brought there , where such a custome is alleaged to be , 40. assis . pl. 41. and the opinion of knivet , 39. assis . brooke , devise 43. in like manner , as to prove a custome of intailing copy-hold-lands , it must be shewn that plaints in the nature of formedons have used to be entred . ( heydons case in the third report . ) but they say that for proof of this custome in kent , there is not onely ( of 14. in the register , which all conclude , secundùm consuetudinem burgi , or civitatis ) not one precedent of any such writ for kent : but that it cannot be shewen that ever any writ of ex gravi querela was brought for any lands in the county at large , out of some city or town . and it is a question to whom such writ at large shall be directed , there being no form at all in the register of the direction of any such writ at large ; the form there to a city or burrough being either majori civitatis , or burgi , &c. they say it could not be , but that question must have arisen , ( if not of the custome ) whether a will or no will : for the trial of which there was scarce any other course ( at least , none more ready ) before the course of ejectments grew to be the practice , then either for the devisee to bring this writ of ex gravi querela against the heir being in possession , or for the heir being ousted by colour of a will to bring his mortdancestor . and therefore they think it not credible that ( if such a custome were , and so extensive as to the whole county of kent ) there should be no record , ( if there be , they again challenge the other side to shew it : ) whether any devi●ee either brought this writ , or pleaded this custome , ( and pleaded it must be , as themselves acknowledge , and is resolved in launder and brookes case : ) for any lands within the county of kent out of some city or burrough : when as they are confident to say , that there is not any custome used in kent , and that extends through the whole county , but records may be shewen where it hath at some time been judicially pleaded and allowed . they add , that customes , being special laws , are suted to the place where they are used ; and that this is a custome very proper and sutable in cities and burroughs , among merchants and tradesmen , that they might dispose of their houses together with their personal estates : and that the pleading of this custome in all writs and records is , that they are legabilia , tanquam bona & catalla . and therefore by the books of 40. assis . pl. 41. and cokes 1. instit . 110. it is held that this custome cannot be alleaged in any upland town . then how improper is it that all the estates in so great a county should be of no other nature ( in this respect ) than goods and chattels , and liable to be disposed and carried away by words catcht from dying men ? which ( they say ) may serve too for an argument against the pretended benefit and utility of this custome ; especially when the multitude of controversies , arising upon wills , have made it a question , whether it had not been better the statutes , of 32. and 34. hen. 8. of wills , had never been made . and therefore ( they say ) that in wyld's case , in the 6th report , which was resolved by all the judges of england , it is said expressely ( and no doubt upon good consideration ) that at the common law , lands were not deviseable but by custome onely in cities and burroughs , houses and such small things . and in matthew menes case , in the 9th report , where the will was of gavelkind-lands in kent , and a house holden in capite , it is all along held , that the will there was enabled by the statute , and puts a case of lands in london deviseable by custome , as a stronger case ; which certainly it were not , if lands in kent were so deviseable . the third objection from the words ( doner on vender ) they say , deserves no answer more than this , that the same words are used , that the infant may doner or vender , give or sell , his estate at the age of fifteen , and that no man will say , that he may at that age make a will. thus have you the learned counsels arguments ( faithfully exhibited ) both for and against the custom of devising gavelkynd-land in kent , before the statutes of 32. and 34. hen. 8. concerning the devising of lands by will. treading ( as i said ) in the steps of those who oppose the custome , give me leave , by the way of corollary , to add somewhat , haply not improper to be hinted and insisted on in this argument . besides then the repugnancie in this custome , to the common opinion both of ancient and modern a lawyers , it fights with the very nature of fee , ( comprehending , at least with us , gavelkind , as holden by the tenant in dominico suo ut ●e feodo ) which , though fees are with us , as in france & elswhere , become b patrimonial , & so alienable by gift or sale followed with scisin in the alienators lifetime ; yet by the seudal c law , are indisposeable by will , several reasons whereof are found rendred by the d feudists . and it is inconsistent , & at variance with the common opinion of lawyers , both at home and abroad , so withall , and above all , it makes gavelkynd degenerate from it self , and its first original , which our e lawyers and antiquaries , by an unanimous vote , referring to the germans , vouch for it that , amongst other of their customes published by tacitus : haeredes successoresque sui cuique liberi , & nullum testamentum : a passage , or authority , equally insisted on by the feudists to warrant their f nullâ ordinatione defuncti in fendo manente vel valente , prohibiting the disposal of fee by will , and of our municipal lawyers and others , as for the like , so withall to illustrate the original of our g gavelkind . but that which in this case ( as to matter of fact ) very much , if not most of all , works with me , ( what it may with others i know not ) and induceth me to an utter dis-belief and rejection of this custome , is certain passages & clauses in several wils extant & to be found in our registers at canterbury , and in that at rochester , intervening and happening in the interim of those two statutes ; the one of uses , made anno 27. the other , of wills , inacted anno 32. hen. 8. ( a time most proper for the custome , if any such in being , by i●s fruits , the immediate free devise of lands by will , at pleasure , without that mediate , collateral and by-way , that periphrasis , of feoffments and their uses , which now was out of doors ; to assert and shew it self : ) all which ( in my opinion ) do plainly tend to the dis-proof of this custome of devising lands in kent by will , before that statute of wills . as for example . 1. in the will of thomas bourne of tenterden , dated 3. may 1538. in the archdeacons registry at canterbury , lib. 21. quatern 7. and where ( saith he ) there is an act lately made to avoid uses of wills , yet my mind is that clement my son shall have my house and shop in tenterden with th' appurtenances to him in fee. and that john bourne my son shall have all my lands lying in the parish of hawkherst to him and his heirs in fee. and i give to my said son john xl . s. upon condition that he will abide and stand to the dividing and order of my lands , as my mind is before expressed . and if he will not stand to , and abide the said order and division , but to shift his part throwly , then i will the said xl . s. shall remain and be had to alice my wife . also i give to clement my son iij. l. upon condition that he do stand to and abide the division and order of my lands and tenements , according as my mind is before expressed . and if the said clement de refuse my said order and division of my lands , and shift his part throwly , then i will the said iij. l. shall remain and be had to alice my wife , &c. argument . had there been a custome for devising lands by will , what needed that notice to be taken here of the act for avoiding uses of wills ? and why is the testator put to it thus , to work and wage his sons to consent to that partition and division of his lands , by a legacie in money to be forfeicted upon their refusall , and for choosing to shift or divide throughly , as a thing in their power by law , which could not be , had there been any such custome . 2. in thomas sayer , alias lamberds will of feversham , dated in may 1538. in the same registry and book , quatern . 9. some lands are devised away from the two female inheritrices , to be sold : and a partition also made between them of other lands , whereupon a legacie in money is given to the heirs at law , to wage them to consent and condescend to that devise and division , in these words : item i will and bequeath to isabel and margaret my two daughters , to each of them 6. l. 13. s. 4. d. to be paid to them by benet my wife in money , or money-worth , in four years next after my decease , upon condition that my said two daughters , their heirs and their assigns , to suffer this my present will and testament to take effect , according as i before have willed . and if my said two daughters , their heirs and their assigns do this refuse , that my said will can take none effect , according as i before have willed , then i will my said two daughters , nor their assigns , shall take no benefit nor profit of none of my bequeaths to them before bequeathed , &c. argument . the same quaere here as before , viz. what needed this conditional legacie in money , had it not been free to them and in their power and choice , whether his will ( for the sale of some land , and for the division of other ) should take effect , or not ? 3. in john crowmers will of pogylston esquire , dated in february 1538. in the same registry , book , and quatern ▪ this clause to our purpose is remarkable . item i will that each of my three daughters , benet , elizabeth and grace , have 13. l. 6 s. 8. d. of such debt as their husbands do ow me : so that their husbands be content that such lands as i have purchased go according to my devise and will , or else not , &c. argument . the like quaerie here as before . where also note , that although he mention a devise of lands by will ; yet no such will is either proved or registred , because ( probably ) null and void in law. the like whereof may be supposed of sparcklins will of thanet , dated in march 1539. in the same book and registry , quarern 14. where his mansion place at bronston is said to be bequeathed to his son john : whereas no such thing appeareth by the approved will ; nor is any land at all devised by it . the like may be said of cacherells will of norborne , dated anno 1537. in the same registry and book , quatern . 8. where some legacies in money are charged upon a house there said to be given to the party charged and his wife , whereas no such gift appeareth by the will. 4. in sarlys will , dated anno 30. hen. 8. in the same registry and book , quatern . 11. where he maketh mention of his three daughters , we have this clause : item , i will that he ( my brother ) shall have my part of my house at wy , called jancocks , during his life , if that may be suffered by the law , &c. 5. in the will of william byx of linsted , dated 1538. in the same registry , lib. 22. quatern . 1. occurrs this passage : i will and bequeath all the profits , commodities , fermes , rents , of all my lands whatsoever , &c. unto my brother germane , laurence byx , unto the timos that my sons , laurence and nicholas come to the age of 22. years , &c. also to my daughters marriage 10. l. to be raised out of those profits , &c. and paid by my brother laurence . provided alway , if the law will not suffer nor admit my brother laurence to enjoy and take up the fermes , &c. of my lands , then i will that each of my said sons , &c. shall pay the said 10. l. unto my said daughters marriage , &c. 6. thomas hunt of pluckly in his will , dated in the year ( no moneth ) 1540. ( probably some time before the statute of wills that year made ) in the same registry , book and quatern ▪ gives to his wife the issues of his lands for life , and after her death the lands themselves to his son john , charged with some legacies in money to his younger brother anthony and his children : but with this proviso : if this my will ( saith he ) stand not good and effectuall in the law , then i will that my said messuage and premisses after the death of my said wife shall remain to my said two sons i. and a. and to their heirs for ever , &c. 7. the like clause to this occurrs in the will of john hubberd of westerham , dated the 23th of july 1537. in the bishop of rochesters registry : viz. also if it do please god to visit my wife and all my children with death , then i will that richard hubbard , the son of william hubbard of lynsfield shall have my house and all my land , if that the law will suffer it : paying therefore to every one of my sisters , agnes , katherine and margaret , three pounds six shillings and eight pence , to be paid within the space of two years next after my decease . 8. nor is this passage lesse pregnant and pertinent to our purpose , taken from the will of john stace of leigh , dated the 18th of march 1538. in the same registry . and also i will that if the kings last act in parliament will not stand with my wife to enjoy the one half of my lands , i will then that mine executour shall pay yearly to agnes my wife xl . s. during the term of her life , and that to be paid quarterly at the four usual terms by equal portions , &c. argument . in these five last wills mentioned ( sarlys , byx , hunt , hubberd and staces ) what means that doubt and question in the testators , whether their devises ( of houses and lands ) were good , or would hold and stand firm in law , had there been such a custome , and had not the law been clear otherwise in this case , as well in kent as elswhere ? i observe also , that in the interim of 27. and 32. h. 8. some few ( and indeed but very few ) wills there are in the registers at canterbury , wherein lands are devised : some with feoffment , and some without , at least without mention made of any . as for the former , those with feoffment , i find the most of them dated , though in or after the year 27. yet before the sixth of may 28. year of that king , until when the act was not to come in force . besides , happily the feoffment was made before the statute , and so could not be revoked ( as i conceive ) without the feoffees consent . as for the rest ( those without mention of feoffees ) some of them were of our city ( canterbury ) or the like places , where by particular custome they might devise . others ( happily ) had feoffments , although not mentioned . if not , they were no other ( i conceive ) than wills de facto , or de bene esse , made : nor did or could otherwise , or further operate , inure , or take effect than the interessed or concerned parties should give way : with whom in those elder times ( times of more and greater regard and reverence to the will of the dead than the present ) the dying parent , or kinsmans mind declared in his will , bare so great a sway , and did so much prevail , as to perswade with them to renounce an advantage to themselves , for the fulfilling of the deceaseds solemne and declared mind . besides , it follows not , that because such wills and devises are found , therefore they passed and were allowed of as good and effectuall : the contrary whereof is more than probable by the ifs and conditions found in other wills of those times , arguing plainly the testators distrust and doubt of the validity , and consequently of the successe and effect of his devise , whereof examples are laid down before . before i close and wind up all , i have onely this to add , by way of offer , from the party opponent to this custome , and his councel , ( which , as a matter much considerable , i may not pretermit : ) that , whereas that abundance of wills wherein lands are devised without mention of feoffees , found and produced from the registries both of canterbury and rochester , is much insisted on in behalf of the custome : if from the registries of any other diocesse out of kent , ( where such devises never did , nor could obtein , until the statute of wills ) of equal circuit and extent to either of these , the very same thing may not as truly be observed , and a proportionable number and quantity of such kind of wills , ( wills of lands devised without mention of feoffees ) cannot be produced , and consequently the argument and inference thence drawn ( for the custome ) cluded and avoided , they will sit down convinced , and with their adversaries subscribe unto that argument . an offer ( this ) in my judgement so fair , ingenuous and plausible , as not to be rejected of any , but such as out of a cavilling spirit , are resolved to turn the deaf ear upon all fair and equal proposals : that i say not , such as , for maintenance sake , make it their study , quocunque modo , to maintain their spurious interest . but that i may not seem to be ( what indeed i am far from being , any otherwise than in truths behalf ) a partisan in this businesse , i shall forbear all further censure , and if i may but have the readers leave to make my epilogue , i shall , with thanks to him for that , and the favour of all his other patience , quit the stage of my discourse on this whole argument , and make my exit . many other things offer themselves to his discourse , that would treat of gavelkind to the full ; but they are ( i take it ) mostly points of common law , which because they are not only out of my profession , but besides my intention too , which was to handle it chiefly in the historical part , and that no further than might conduce to the discovery of the primordiae , or beginnings of it , i will not wade or engage any further in the argument , lest i be justly censured of a mind to thrust my sicle into another mans harvest : onely ( so a close ) craving leave to supply the common kentish custumal , at the end of mr. lambards perambulation , with one clause , which , according to an ancient copy registred in a quondam book of st. augustines abbey at canterbury , now remaining with my very noble and learned friend sir roger twysden , is to come in at pag. 574 lin . 2. after these words : que de lay est ●e●● sans men . viz. ( as that old copy gods on there : ) e●si home ou femme seit feloun de sei mesmes qeil s●y mesmes de gre se ocye , le roy aura les charteuz tuts & ni●nt l'an nele wast , mes se heir seit tautost enherite sans contredit , kar tout seit il feloun de sey mesmes , il neyt my atteint de felonye . et clayment auxi , &c. as it follows in that printed custumal . which clause , as i conceive , may be thus englished : and if a man or woman shall be a felon of him or her self , who shall kill him or her self of his or her own accord , the king shall have all the chattels , and not the year and the waste , but the heir shall immediately inherit without contradiction : for albeit he or she be a felon of him or her self , he or she is no● attainted of felony . now craving pardon for what liberty i have taken to deliver my sence , and give my conjecture , on severall occasions here emergent , i shall here cut the thred of this discourse , wishing that as i have not spared freely to speak my mind , so that every man that pleaseth , should assume the like liberty , not sus●ecting me so opinionate of mine own vote , as to wish , much lesse to beg , least of all to importune any unwilling mans concurrence , though haply unprovided of a better of his own , disclaiming that magisterial boldnesse of him arrogated , that said once upon a like occasion : — si quid novisti rectius istis candidus imperti , si non , his utere mecum . and ( to wind up all ) wish every man , in what he stands in doubt of , to be his own oedipus . da veniam scriptis : quorum non gloria nobis causa ; sed utilitas , officiumque fuit . an appendix of such muniments ( viz. charters , and other escripts ) as are quoted in the precedent discourse , with reference to this place for transcription . charta pervetusta de terrâ ad censum concessâ . arnulfus prior , & tota congregatio ecclesiae christi , omnibus fidelibus & amicis suis salutem . sciatis nos , consentiente archipiscopo a anselmo , concessisse calvello & heredibus suis extra civitatem circa castellum , novem partes terrae , inter terram arabilem & prata , eâ conventione ut ipse calvellus & heredes sui singulis annis dent celerario lij . sol . pro omni re , praeter tres forisfacturas , id est , murdrum , & furtum , si ipse calvellus vel haeredes sui fecerint , & praeter si verecundium ipse sive heredes sui fecerint monachis ecclesiae vel servientibus eorum . horum verò denarior . una medietas dabitur in mediâ quadragesima , & altero in festo s. michaelis . calvello autem mortuo , pro redemptione quam heredes facere solent , heredes sui xx . sol . dabunt , & censum quem pater priùs dederat , ipse deinceps similiter dabunt . testes horum sunt folbertus de cill , will. folet , rogerius filius herengodi , robertus de mala villa . [ note that this charter hath a seal appendant on a labell proceeding from the side-margent , round , and about the bignesse of a five shillings peece of silver , the wax yellow , stamped ; but on the one side with the form of a church , much like that in the old seal of st. augustines , in sir henry spelmans councells , pag. 122. the inscription in the ring of it this : ✚ sigillvm ecclesiae cristi . ] charta prioris consimilis . wibertus prior & conventus ecclesiae christi cantuar. omnibus fidelibus suis , tam praesentibus quam futuris salutem . sciatis nos concessisse goldwardo filio feringi terram quae fuit walteri de sartrino servientis nostri , mariae filiae richardi aurifabri , simul cum propria terra sua in qua feringus pater suus manebat , pro iiij . s. & iiij . d. & ob . quos nobis inde annuatim reddet ad duos terminos , ij . scil . solid . & iiij . denar . & ob . ad med . quadrages . & ij . s. ad festum s. michaelis . tenebit itaque praedictus goldwardus de nobis has terras bene & in pace & honorificè jure hereditario per suprascriptum censum , & licebit ei de ipsis tanquam de propriis liberè facere quod voluerit , salvo jure & redditu nostro . ita tamen quod si eas alicui dare voluerit vel vendere , nobis prius hoc indicabit , & nos ad emendum eas b proximiores esse debemus . terra illa jacet juxta murum eleëmosynariae nostrae . testibus bartholomaeo dapifero , willmo camerario , geldewino & johanne , cocis ; & multis aliis . alia charta de terrâ ad gablum concessâ . robertus monachus ecclesiae s. augustini , custos & procurator hospitalis beati laurentii , omnibus christi fidelibus salutem . sciatis me concessisse hamoni textori & heredibus suis duas acras terrae contra sanctum sepulchrum , pro duob . solidis de gablo , singulis annis , jure hereditario tenendas . medietatem autem dabit in media quadragesimae , & medietatem alteram in ad vincula s. petri , & tres gallinas in vigilia natalis domini . valeat . testibus alurico presbytero , lidulfo , willmo textore , & fratribus illius loci . charta de terrâ ad gavelikendam concessâ . sciant praesentes et futuri quod ego r. dei gratiâ s. augustini cantuar. et ejusdem loci conventus dedimus jordano de serres et heredibus suis ad gavelikendam , xl . acras de marisco nostro pertinente ad manerium nostrum de cistelet , cum pertinentiis suis , tenend . de nobis jure hereditario in perpetuum . reddendo inde nobis annuatim vij . solid . et vj. denarios sterlingorum ad curiam de cistelet , in duobus terminis anni , in nativitate domini iij. s. et ix . d. et in nativitate johan . baptistae iij. s. et ix . d. et pro hac concessione dedit nobis praedictus jordanus c. s. sterling . de gersume . vt igitur ista donatio stabilis et firma permaneat sigilli nostri munimine eam roboravimus . hiis testibus henrico de cobbeham , galfrido de stokes , stephano de marisco , philippo de fierport , godefrido del hac , bricio del hac , waltero filio roberti , gileberto fratre abbatis , willmo pincerna , wido janitore , w. coco , alex. hostiario , et multis aliis . apographum processus litis inter burgam de bending , & priorem & conventum ecclesiae cantuar. de toto manerio de welles coram w. de ebor , r. de turkeby , g. de preston , & sociis suis itinerantibus apud cantuar. 3. id. junij , anno domini 1241. r. h. filii r. johannis 25. burga quae fuit uxor petri de bendings petit versus priorem s. trinitatis cantuar. medietatem manerii de welles sicut francum bancum suum , ad faciendum firmam xviij . dierum , et unde praedictus petrus quondam vir suus eam dotavit , &c. et prior , scil . rogerus de lee venit et dicit , quod habet manerium illud ex dono praededecessorum domini regis , qui illud manerium aliquando tenuerunt . et quod illud manerium dederunt deo et ecclesiae s. trinitatis adeo liberè sicut manerium illud tenuerunt in puram ac perpetuam eleëmosynam : ita quod illud manerium nunquam postea partitum fuit , nec est partibile . et dicit quod dominus rex qui manerium ill●d dedit praedecessoribus suis , non tenuit illud nomine gavelkinde . et è contra burga dicit , quod praedictum manerium est gavelkinde , et partibile , ita quod quidam robertus de valoignes , dominus de sutton , qui duxerat in uxorem matildam de welles , cujus hereditas illud manerium fuit post mortem illius matildis , habuit nomine franci banci , medietatem illius manerii , et petrus vir illius burgae habuit medietatem illam ex dono hervei bellet consanguinei ipsius burgae , postquam idem petrus desponsavit ipsam burgam , qui quidem herveus redemit medietatem illam per denarios suos de praedicto roberto , ad opus ipsius petri ac burgae . et quod ita sit offert domino regi xx . s. per sic quod inquiratur per patriam . et prior dicit quod praedictum manerium non est gaulikend , neque partibile , nec praedictus robertus unquam habuit ibidem medietatem praedicti manerii ut de franco banco suo . et quod ita sit ponit se super patriam . et ideo fuit inde , &c. juratores viz. r. de setvann , i. de esting , s. de creie , g. de dene , w. de okrindenn , a. perot , e. de bocton , s. de haute , b. de badlesinere , r. de chilham , et alanus de leghes , dicunt super sacramentum suum , quod praedictum manerium fuit quondam manerium domini regis . et quod datum fuit deo et ecclesiae s. trinitatis in liberam , puram et perpetnam eleëmosynam . ita quod manerium illud nunquam fuit gaulikende , nec partitum , nec est partibile , nec praedictus robertus nunquam habuit medietatem praedicti manerii nomine franci banci . set dicunt quod post mortem praedictae matildis , tenuit praedictus robertus totum manerium illud simul cum custodiâ praedicti petri. ita quod praedictus herveus dedit quandam summam pecuniae praedicto roberto pro custodiâ illâ . et ideo consideratum est , &c. quod prior teneat , &c. & sine die , & praedicta burga in misericordia . carta de terrâ ad gavelikende concessâ . alanus prior et conventus ecclesiae christi cantuar. omnibus christi fidelibus ad quos literae istae pervenerint salutem . volumus ad omnium noticiam pervenire quod nos concessimus & assignavimus theb. de einesford & heredibus suis quater vigin●● acras de dominio nostro in northocholt , tenendas de nobis ad gavelikende . reddendo inde nobis xx . s. singulis annis , x. in med . quadrag . & x. ad festum s. michaelis . hanc tamen hac conditione ei tenebimus si mansionim & domos suas super praedictam terram fecerit . debet insuper tam ipse quam heredes sui sequi curiam nostram de orpinton sicut ceteri homines de eadem villâ . charta pirori consimilis . alanus prior et convenius ecclesiae christi cantuar. omnibus christi fidelibus salutem . sciatis quod nos concessimus & assignavimus stephano de renardintone c. acras de marisco nostro inter wallas monachorum pontis roberti , et oxeniam , ita quoddebet habere illas c. acras post alias c. acras quas in eodèm marisco dimisimus stephano militi de s. martino , usque ad c. illas acras quas dimisimus solomoni de ges●ings . concessimus ●utem has praedictas c. acras eidem stephano de renardintone & heredibus suis ad gavelichinde . reddendo inde nobis duas marcas argenti singulis annis , ad duos , viz. terminos , infra octavas nativitatis s. johannis baptistae unam marcam , infra octavas s. michaelis alteram marcam , pro omni servitio , nisi quod debet wallare secundum quantitatem illius terrae intus & extra , tam contra salsam quàm contra frescam , sicut ceteri , et curiam nostram sequi . jura etiam cantuarien . ecclesiae , et in hoc et in aliis , quantum ipse potest cum ratione tueri et defendere . haec autem omnia sacramento corporaliter in capitulo nostro praestito juravit se fideliter observaturum . hiis testibus godefrido coco , stephano portario , bartholomaeo seneschallo , willmo de capes , roberto porter , et multis aliis . alia charta consimilis . omnibus ad quos praesens charta pervenerit gaufridus prior & conventus ecclesiae christi cantuar. salutem . noverit universitas vestra nos concessisse joni & heredibus suis berchariam nostram ducentarum ovium , scil . medietatem de osmundeseye in terra & marisco cum una salina , tenend . de nobis successivè ad gavelykende it a plenè & integrè sicut eam unquam rogerus de osmundeseye tenuit . reddendo inde nobis annuatim lvj . s. de redditu ad duos terminos , scil . ad festum s. johannis baptistae xxviij . s. & ad festum s. michaelis similiter viginti octo . post mortem verò praedicti jonis dabunt nobis heredes sui successivè de relevio lvj . s. dabunt etiam idem j. & heredes sui post ipsum nobis annuatim ad natale domini unum mathlardum , et unam annat●m , & quatuor cercellas , & ad pascha unum caseum , & unum agnum de present . super hoc sciendum , quod praedictus j. et heredes sui curiam nostram de leysdun sequentur , & in auxiliis dandis & scottis sicut alii tenentes nostri scottabunt . et inde ipse & heredes sui successivè salvos plegios invenient de redditu terminis statutis reddendo , & de berchariae instanratione integrè & fideliter conservanda . alia consimilis charta hospitali data . sciant presentes & futuri , quod ego radulfus frone tradidi & concessi deo & fratribus hospitalis s. laurentii juxta cantuariam , in orientali parte siti , septem acras terrae meae tenendas in gavelekende de me & heredibus meis liberè & quietè . reddendo inde annuatim mihi vel heredibus meis xlij . denarios , pro omni servitio , & omni exactione in duobus terminis , scil . in med . quadragesimâ xxj . denar . & in festo ▪ s. michaelis xxj . denar . praedicta autem terra nominata est prestesteghe , quae adjacet terrae heliae de blen . pro hac donatione & confirmatione dederunt mihi praedicti fratres & heredibus meis quinque marcas sterlingorum . his testibus johanne clerico , filio henrici sacerdotis , &c. & pluribus de halymot . inquisitio de terris & tenementis quae isabella de monte alto tenuit de priore ecclesiae christi cantuariae . inquisitio facta apud hokynden coram eschaetore domini regis die mercurii prox ▪ ante festum s. catherinae virginis , anno r. r. edwardi secundo , de terris & tenementis quae isabella de monte alto tenuit de priore ecclesiae christi cantuariae , & per quod servitiū , per sacramentū will mi de cokeler , &c. qui dicūt per sacramentū suū , quod praedicta isabella tenuit in gavelikende die quo obiit de praedicto priore unū messuagiū xlij . acras terrae cum pertinentiis in hokinden , per servitium decem solid . undecim denarior . per annum , & per servitium arandi unam acram terrae ad seminandum frumentum , quod valet xij . d. per annum . et per servitium metendi praedictam acram & cariandi in grangiam prioris apud orpinton blada ejusdem acrae , quod servitium extendit per annum ad xij . d. et per servitium arandi dimidiam acram terrae ad seminandum frumentum , et dimidiam acram terrae ad seminandum ordeum , et utramque dimidiam acram metendi et ligandi , quod quidem servitium extendit per annum ad ij . s. et per servitium solvendi unam denar . et obulum ad falcandum pratum domini prioris , & per servitium curiandi unam carectatam & dimidiam feni in grangiam prioris apud orpinton , & valet per annum iij. denar . et per per servitium faciendi duo averagia de orpinton usque mepham per annum , & valet opus viij . denar . et per servitium claudendi tres peticatas circa gardinum prioris praedicti apud orpinton , & valet opus iij. d. per annum . et per servitium duarum gallinarum & xl . ovorum , et valet per annum vj. d. pretium gallinae ij . d. et per servitium faciendi sectam ad curiam praedicti prioris de orpinton , de tribus septimanis in tres septimanas . et dicunt quod praedicta isabella obiit per tres annos elapsos , et quod areragia à tempore mortis praedictae isabellae usque in hodiernum diem sunt l. s. j. d. ob . summa totius per annum — xvj . s. — viij . d. — ob . unde de redditu ●ssis . — x. s. — xj . d. — de consuetudinibus — v. s. — ix . — — ob . servitia tenentium de rokinge ad redditum posita . memorand . quod in festo s. michaelis , anno d ni mcclxxxix . regni verò regis edwardi xvij . prior et conventus ecclesiae christi cantuar. relaxaverunt tenentibus suis de rokinge , viz. falcationem , levationem , cariagium , et tassationem prati . item cariagium , impletionem & sparsionem fimorum , facturam cratis , & burghyard . item averagia apud merseham . item fotaveagia . item messionem & herciaturam & collectionem stipularum . item cooperturam grangiarum , & tonsionem ovium . et pro ista relaxatione , praedicti tenentes solvent annuatim ad manerium praedict . in festo omnium sanctorum , & ad purificationem beatae mariae redditus subscriptos pro equali portione viz. robertus le frode de xij . acris & dimid . iiij . s. ij . d. ob . timberdansland pro viginti sex acris iiij . s. ij . d. ob . terra heymund pro novem acris iij. s. ij . d. terra juliani pro viginti acris iiij . s. j. d. ob . stameresland pro undecim acris ij . s. viij . d. terra smalspon pro tresdecim acris ij . s. iiij . d. terra le bred pro octo acris & dimid . xvj . d. &c. relaxatio servitiorum & consuetudinum tenentium de mepham , pro annuo redditu solvendo . vniversis pateat per praesentes quod in festo nativitatis domini , anno ejusdem mcccvj. regni verò regis edwardi filii regis henrici xxxv . henricus prior et capitulum ecclesiae christi cantuar. remiserunt et relaxaverunt hominibus et tenentibus suis de mepham quasdam consuetudines el servitia pro annuo redditu quinquaginta septem solidor . trium denarior . et unius oboli ●isdem priori et capitulo in praedicto manerio suo de mepham in festo apostolorum petri et pauli annuatim solvend . in formà subscriptà , viz. tenentes de gavellond de octodecim jugis , pro cariagio triginta et sex carectat . feni de prato de redhamme apud clyve usque mepham , quindecim solidos , viz. pro qualibet carectat . quinque denarios . et unum dimidium jugum est in dominico . item pro averagiis tresdecim solid . & quatuor denar . item pro clausura circa blada duos solidos , undecim denar . & obulum . item pro clausura circa curiam quae dicitur burghyard . viginti duos denar . obulum & quadr . item tenentes de sex jugis & dimid . de inland pro trituratione & ventilatione triginta & quinque quarteriorum frumenti , novem solid . quinquc denar . obolum & quadr . viz. pro trituratione cujuslibet summae tres denar . & pro ventilatione unum quadr . item pro trituratione & ventilatione septemdecim grossarum summarum et dimid avenae , tres solid . tres denar . & unum quadr . viz. pro trituratione cujuslibet summae duos denar . et pro ventilatione unum quadran . item pro opere sarclandi octodecim denar . item pro opere tassandi in autumpno tresdecim denar . item pro fimis spargendis sex denar . et obolum . item pro xviij . a cladibus faciendis ad ovile sex denar . item pro cibo prioris querend . et pro servitio quod dicitur worderinde , et pro pomis frangendis duodecim denar . item pro clausura circa blada , quae dicitur swinhey , duos solidos , decem denar . et quadr . item pro clausura xvj . perticarum et quinque pedum muri infra curiam ab ostio aulae versus portam curiae xvj . denar . et obol . item pro grangia cooperienda duos solid . et sex denar . in quorum omnium testimonium , sigillum commune praedictorum prioris et capituli , et sigilla walteri de northwode , johannis de isebergh , johannis de halifeld , henrici de mildenacre , petri de mildenacre , et johannis de prestwode , pro se et omnibus aliis tenentibus de gavellond , ad requisitionem ipsorum : et johannis de pettesfeld , johannis de la dene capellani , henrici de lomere , alfredi de northwode , henrici de northwode , et walteri ive , pro se et omnibus aliis tenentibus de inland , ad requisitionem eorundem , huic scripto cirographato alternatim sunt appensa . acta sunt haec anno supradicto . breve regis ( w mi j mi ) pro terris monasterii s. augustini cant. alienatis recuperandis . will mus dei gratiâ rex angliae , lanfranco archiepisco cantuar. &c. salutem . mando & praecipio ut faciatis s. augustinum & abbatem scotlandum reseisire burgum de fordwich , quem tenet haymo vicecomes , omnesque alias terras quas abbas egelsinus fugitivus , mentis lenitate , vel timore , vel cupiditate alicui dedit vel habere concessit . et si aliquis , &c. charta w. regis j mi de restitutione ablatorum in episcopatibus & abbatiis totius angliae . w. dei gratiâ rex anglorum , l. archiepiscopo cantuar. & g. episcopo constantiarum , & r. comiti de ou , & r. filio comitis gil. & h. de monte forti , suisque aliis proceribus regni angliae , salutem . summonete vicecomites meos ex meo praecepto , & ex parte mea eis dicite , ut reddant episcopatibus meis , & abbatiis totum dominium , omnesque dominicas terras quas de dominio episcopatuum meorum & abbatiarum , episcopi mei & abbates cis vel lenitate , vel timore , vel cupiditate dederunt , vel habere consenserunt , vel ipsi violentiâ suâ inde abstraxerunt , et quod hactenus injustè possederunt de dominio ecclesiârum mearum . et nisi reddiderint , sicut gos ex parte mea summonebitis , vos ipsos velint nolint constringite reddere . quod si quilibet alius , vel aliquis vestrum quibus hanc justitiam imposui , ejusdem querelae fuerit , reddat similiter quod de dominio esicopatuum vel abbatiarum mearum habuit , ne propter illud quod inde aliquis vestrum habebit minus exerceat super meos vicecomites vel alios quicunque teneant dominium ecclesiarum mearum b quod praecipio . breve regis in subsidium villanorum abbatis s. augustini cantuar. se gravari querentium in taxatione 10 mae & 15 mae . edwardus dei gratiâ rex angliae , dominus hiberniae , & dux aquitaniae , taxatoribus decimae & quintaedecimae in comitatu cantiae , salutem . ex parte dilecti nobis in christo abbatis s. augustini cantuar. nobis est ostensum , quod vos omnia bona & catalla villanorum ipsius abbatis in comitatu praedicto , non deductis redditibus , servitiis & custumis quae iidem villani praefato abbati reddunt & solvunt annuatim , quae quidem redditus , servitia & custumae inter temporalia ipsius abbatis spiritualibus suis annexa ad decimam sunt taxata , et inde idem abbas decimam solvit , taxastis , et decimam & quintamdecimam praedictas inde levare intenditis ad opus nostrum , in ipsius abbatis et villanorum suorum praedictorum praejudicium et gravamen : nos nolentes praedictum abbatem , pro eo quod ipse de temporalibus spiritualibus suis annexis decimam solvit in hac parte indebitè prae gravari , vobis mandamus , quod deductis redditibus , servitiis , et custumis villanorum praedictorum , quae inter temporalia praedicti . abbatis spiritualibus annexa ad decimam sic taxantur , et de quibus idem abbas decimam solvit , sicut praedictum est , residua bona et catalla eorundem villanorum taxari , et dictas decimam et qnintamdecimam inde ad opus nostrum levari faciatis , prout aliàs in hujusmodi taxationibus fieri consuevit . et ▪ si quid per vos à praefatis villanis indebi●è levatum fuerit , id sine dilatione restitui faciatis eisdem . teste meipso apud pontefractum primo die martii , anni regni nostri septimo . charta de homagio facto pro terrâ de gavelkind , sicut de villenagio . sciant omnes tam posteri quam praesentes quod w mus filius w mi de elmton , & radulfus frater suus diviserunt hereditatem suam de duabus villis burne et wilrintune , sicut de gavelikende in curia s. augustini , in praesentiâ domini rogeri electi ejusdem ecclesiae & plurimorum monachorum & laicorum : & radulfus relevavit in eadem curia partem suam . ipse verò radulfus de medietate istarum duarum villarum fecit homagium abbati sicut de villenagio , & reddet de burne gablum quinquaginta solid . quatuor terminis anni , dominicâ viz. palmar . xxij . s. vj. d. in nativitate s. johannis tantundem , ad festum s. michaelis tantundem , ad festum s. thomae ante nativitatem domini tantundem , & tantundem servitii quantum ad idem villenagium pertinet , faciet . similiter de medietate de wilrinton , idem radulfus alios quinquaginta solidos , eodem modo , et eisdem terminis reddet cum servitio . ego autem r. dei gratiá electus beati augustini cantuariensis ejusdemque loci conventus , hanc partem suae hereditatis praesenti chartâ et sigillo ecclesiae nostrae eidem radulfo confirmavimus . hiis testibus quorum nomina subscripta sunt , willmo filio nigelli , elya de silingheld , radulfo de s. leodegario , radulfo de creye , eylgaro de esture , hugone cosin , stephano de renardinton , alano de reading , daniele de wyvelesberhe , hamone de solforde , hamone de aldelose , alano de legh , rogero de wadenhale , et pluribus aliis . chirographum pervetustum de nuptiis contrahendis , & dote constit●en●â . here appeareth in this writing the agreement that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 godwine made with byrhtric when he his daughter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wooed , that is first that he gives her one pounds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 weight of gold a so as she his agreement received , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & he giveth her those lands at strete with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all that thereto apperteineth , & in burwaremersh 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one hundred and fifty acres , and b thereto thirty 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 oxen , & twenty cowes , & ten horses , & ten bondmen . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this was c spoken at kingstone before cnute 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 king ▪ in living the archbishops d witnesse , & in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the covents at christ-church , & aelfmeres ( the ) abbats , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the covents at s. augustine , and aethelwines 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( the ) sheriffe , and siredes th' elder , and godwines 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wulfeyes sonne , and aelfsy child , and eadmer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at burham , and godwine wulfstanes sonne , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 charles the kings e knight , and when men that maiden 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fetchd to brightling , then went of all this f in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pledge ael●gar syredes sonne , and frerth priest of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 folestone and of dover leofwine priest , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wulfsy priest , and eadred eadelmes sonne , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 leofwine waerelmes sonne , and cenwold rust , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 leofwine godwines sonne at horton , and leofwine 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the red , and godwine eadgi●es sonne , and leofsuh 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his brother . and which soever of them longest liveth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 g take all h possessions aswell that land that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i to them give as every thing . this thing is knowne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i to all * valiant men in kent , & in sussex of thanes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and of churles , and this writing is l three-fold , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one is at christ church , m another at s. augustine , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the third hath byrhtric himself . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . testamentum ethelstani etheling , filii regis ethelredi , quo ( inter alia ) contulit ecclesiae christi cantuariae , manerium de holingburne , anno christi 1015. in god almighties name i ethelstan prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 make knowne in this writing how i my substance & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my possessions given have for gods n love & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my soules redemption , & my father ethelredes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 king that i it of o earned , that is first that i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 consent that man p set free every forfeited q surety 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r that i by ſ promise t ought . and i give in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with me where i me rest to christ & s. peter those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lands at eadburghbery which i bought of my father 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 u with two hundred marks of gold by weight , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , & x with five pounds of silver , & that land at meralefan 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which i bought of my father y with two 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hundred marks and a halfe of gold by weight , & that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 land at mordune which my father me to let i give into 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that place for our both soules , & i him this pray 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for gods love & for s. mary & for s. peters that it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 stand mought , & that sword with silver hilt that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wolfriht made , & that gilt pouch , & that bracelet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which wolfrihc made , & that drink-horne that i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ere of that covent bought at ealdminster . and i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will that men take that money which athelwolds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 widow me ought to z pay which i for her ere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 paid have , & dispose it elfsy bishop to ealdminster 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for my soule , that is twelve pounds a by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tale . and i give to christ-church in canterbury 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 those lands at holingbourne and those which thereto 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 appertaine , except that one plough-land that i to siferth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 given have . and those lands at garwaldintune , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & i give those lands at ritherfelde to the nuns 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 minster of saint mary b gratis , & one silver 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 great piece of five pounds , & to new-minster one 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 silver basin of five pounds in that holy trinities 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 name that the place is dedicated to . and i give to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shaftesbury to that holy c rood & to saint edward 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 those vi . pounds which i to edmund my brothr 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 d committed have . and i give to my father ethelred 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 king those lands at cealtune e except those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 eight hides which i to aelmer my minister given 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 have . and those lands at northtone , & those lands 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at mulinton , & those silver hilted swords which 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wlkytel possesseth , & that brigandine that with morkere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is , & those horses that thurbrand me gave , & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 those white horses which liefwine me gave . and i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 give to eadmund my brother those swords which 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 offa king enjoyed . and those swords with the hollow 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hilt , & one javelin , and one silver f hemmed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 war-trumpet , and that land which i possesse in eastangle . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and those lands at peakesdale . and i will 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that men deliver every yeare one dayes g ferme to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 covent at ely of this land on s. etheldriths masseday 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & give likewise to the minster one hundred 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pence . & feed there on that day an hundred 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 h poore . be ever this almes delivered yearly , i ow 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the land he that k oweth , whilest christendom standeth . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and if he will not that almes performe who 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that land hath , go that land to s. etheldrith . and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i give to eadrith my brother one silver hilted sword . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and i give to elfsy bishop one gilt l crosse which 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is with eadrith syfleds son , & one black stede . and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i give to elmer those lands at hamelden which he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 m ere had . and i pray my father for god almighties 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 love & for mine that he that n give which i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to him given have . and i give to godwine wlnothes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sonne those lands at cunitune which his father o ere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 possessed . and i give to elfsith my p foster-mother 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for her great deserving those lands at westune 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which i bought of my father q with three hundred 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 marks lacking a half of gold by weight . and i give 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to elfwine my masse-priest those lands at horelvestune 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & those swords which wyther enjoyed . and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my horse with my furniture . and i give to eylmere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my r dish thane those eight hides at cateringetune , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & one diverse-coloured stede & those sharpe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ſ swords & my target . and i give to syferth those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lands at high-cliffe & one sword & one horse & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my bowed shield . and i give to ethelferrh stameren 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & lyving those lands at tywynge . and i give 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to liefstane liefwines brother what of that land-estate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which i t of his brother took . and i give 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to lyemare at bygrove those lands which i him u ere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from took . and i give to godwine drevelen those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 three hides of land at little gareshale . and i give 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to edrith wynfelds sonne that sword x which the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hand is on marked . and i give to elfwine my 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 minister that sword which he to me y sometime gave . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and i give to elfnoth my sword white , & to my 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 huntsman that stede which is at colingeregge . and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tender men of my gold to elurith at berton & to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 godwine drevelen so much as eadmund my brother 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 knowes that i to them of right to yeild ought . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . now thank i my father with all humility in god 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 almighties name for that answer which ( he ) to me sent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 on friday after midsummers masse-day by elfgare 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 elfstanes son , which was that he to me signified by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 z my fathers message that i might by gods permission 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & by his give my lands & my a possessions as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to me most expedeient seemed , b either for god & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the world . and of this answer is to witnesse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 eadmund my brother & elfsy bishop , & byrhtmer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 abbat & eilmer eluriches sonne . now pray i all the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wise men which my c will shall hear read either 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 d clergie & e laity , that they be of assistance that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my f will stand may , sith my father giveth leave 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for my g wills standing . now declare i that all 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 those things which i to god unto gods church & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 gods servants given have be don for my deer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fathers soule ethelred king & for mine & elfrith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my grand-mother that me fedd , & for all theirs that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 me to this h goods helped . and he that this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i will through any thing breaketh let him give an accompt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thereof to god almighty , & to saint mary , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , & to saint peter , & to all those which gods name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 do laud. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . charta libertatum ecclesiae christi cantuar . concessar . per regem henricum primum . h. dei gratiâ rex anglorum , episcopis , comitibus , proceribus , vicecomitibus , caeterisque suis fidelibus francis et anglis in omnibus comitatibus in quibus achiepiscopus randulfus & monachi ecclesiae christi cantuariae terras habent amicubiliter salutem . notum vobis facio me concessisse eis omnes terras quas tempore regis eadwardi cognati mei , & tempore willielmi patris mei habuerunt & saca & so●ne on strande & streame , on wode & felde , tolnes & teames , & grithbreces , & hamso●ne , & forestealles , & infangenes thioves , & flemen feormthe super suos homines infra burgos & extra in tantum & tam pleniter sicut proprii ministri mei exquirere debent . et etiam super tot thegenes quot eis concessit pater meus . et nolo ut aliquis hominum se intromittat nisi ipsi & ministri eorum , quibus ipsi committere voluerint , nec francus nec anglus : propterea quia ego concessi christo has consuetudines pro redemptione animae meae , sicut rex eadwardus & pater meus antehac fecerunt . et nolo pati ut aliquis eas infringat , si non vult perdere amicitiam mea● deus vos custodiat . thus englished in the same charter . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 charta consimilium libertatum ecclesiae s. augustini ▪ cantuar. concessarum per s. edwardum regem . ego edwardus dei gratiâ rex anglorum , eadsino archiepiscopo , et godwino comiti , & omnibus suis baronibus canciae , salutem . sciatis me dedisse deo & s. augustino & fratribus ut habeant eorum saca & socna , et pacis fracturam , et pugnam in domo factam , et viae assaltus , et latrones in terra sua captos , latronumque susceptionem vel pastionem , super illorum proprios homines infra civitatem et extra , theloniumque suum in terra et in aqua , atque consuetudinem quae dicitur teames . et super omnes allodiarios suos quos eis habeo datos . nec volo consentire ut aliquis in aliqua re de his se intromittat , nisi eorum praepositi quibus ipsi hoc commendaverint , quia habeo has consuetudines deo datas et s. augustino pro redemptione animae meae ita pleniter et liberè sicut meliùs habuerunt tempore praedecessoris mei knuti regis , et nolo consentire ut aliquis haec infringat , sicut meam amicitiam vult habere . epistola gaufridi supprioris & monachor . ecclesiae cantuariensis ad regem henricum 2. de lite inter eos & baldvinum archiepisc . excellentissimo domino suo h. dei gratiâ anglorum regi g. supprior & conventus ecclesiae christi cantuar. flebilis & ultra modum afflictus salutem & suspiria flentium & afflictorum respicere . cum scriptum sit , gloria in excelsis deo , & in terra pax hominibus bonae voluntatis : ut pro bona voluntate in terris habita , gloriam habeatis in coelis , serenitati vestrae quem in nullo offendisse credimus vel recognoscimus , supplicamus , ut si quid odii aut rancoris concepistis adversus nos aut ecclesiam cantuar . odio personae alicujus aut operis praesentes temporis vel praeteriti , quod nos debeat respicere , pietatis intuitu remittatis , attendentes innocentiam nostram , nec vindicantes aliorum peccata in nobis . si peccavimus publicè , puniamur , sin autem , quòd ecclesia cant. de quâ omnes anglorum reges , non solùm fidem christi , sed & coronam regni sumpserunt , qu● usque modò libera extitit , captivatur & con●ulcatur ab hominibus , cum sit mater omnium in regno angliae manentium . in christo jesu vobis dicimus , timemur ne novitates multae & malae subitò oriantur , quarum principia etsi nos sensimus , forsitan exitus alios quàm nos tanget nec transire permittet immunes , sed involvet . qui hanc novitatem non admiretur , quod dominus archiepiscopus dicit nos debere de eo terras & possessiones nostras tenere ? cum jam per quingentos annos & eo ampliùs , à tempore scil . magni theodori , qui terras partitus est , & utrique parti suam portionem assignavit , conventus in pace possederit portionem suam , & liberè administraverit , quod & chartae regum & pontificum plenius attestantur , ex quarum tenore perspicuum videre est , quod usque ad haec infoelicitatis tempora , archiepiscopus nihil juris vel dominationis plus habebat in terris monachorum , quàm monachi in terrâ archiepiscopi . et ne super hoc quisquam dubitet , proferantur in medium charta s. aedwardi regis & sancti anselmi achiepiscopi , & aliae multae regum & pontificum . quod autem dicitur lanfrancum dividisse terras , ideo est , quod cum normanni , captâ angliâ , omnium ecclesiarum terras occupassent , rex will. ad instantiam lanfranci , eas resignavit . lanfrancum verò singulis ecclesiis reddidit quod antea possederant , sibi autem quod ante cessorum fuerat suorum retinuit . quod autem tempore lanfranci non sit facta terrae divisio , testantur chirographia ante tempora beati dunstani facta inter archiepiscopos & monachos de concambiis terrarum multarum : sed & hoc attestantur scripta vetustissima quae linguâ anglorum , landbokes , id est , terrarum libros , vocant . quia vero non erant adhuc tempore regis willielmi milites in anglia , sed threnges , praecepit rex , ut de eis milit●s fierent ad terram defendendam . fecit autem ▪ lanfrancus threngos suos milites : monachi verò non fecerunt , sed de portione sua ducentas libratas terrae dederunt archiepiscopo , ut per milites suos terras eorum defenderet , & ut omnia negotia eorum apud curiam romanam suis expensis expediret . vnde adhuc in totà terrâ monachorum nullus miles est , sed in terrâ archiepiscopi . terram tamen ducentarum librarum adhuc habent archiepiscopi : pro quibus omnibus valdè miramur , quòd vel talia dicit , vel quòd assensum ●i praebetis , quòd vestrâ authoritate & nomine vestro , per ministros vestros res & possessiones nostras invadit , cum nichil ad eum spectent , set nos teneamus post deum in capite de vobis , sicut & ipse : quod manifestum est , decedentibus archiepiscopis , quia terrae eorum statim confiscantur , à seculo autem inauditum est , quod possessiones nostrae confiscatae fuerint aliquo tempore . quapropter supplicamus , ut maturiùs pro deo dum potestis haec corrigi faciatis , cum fortè tunc a velitis , cum non b potueritis . valeat . donatio wolgithae de manerio de stisted , a. d. 1046. here appeareth in this writing how wolgith gives 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 her substance after her departure , which to her the almighty 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 god gave in life to use , that is then first 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to my lord his right heriot . and i give that land 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at stistede a by gods b witnesse & my friends 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to christ-church to the monks for c sustenance , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , on this condition that elikitel & kytel my children 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 use those lands for their d dayes , & afterward go 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that land to christ-church without any deduction 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for my soule , & for elfwines my lords , & for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all my children , & be halfe the men free after their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 e dayes . and i give to the church at stistede 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 f besides that which i in life gave eldemesland . & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 g thereto hyeken , that there be in all fifty acres in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 h field after my departure . and i give to wolk & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 kytel my sonnes that land at walsingham , & at 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 charlton , & herlingham . and i give to my two 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 daughters gode & bote sexlingham & summerledeton , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & to the church at sumerl . sixteene acres 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of land , & one acre of medow . and i give to ealgyth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my daughter that land at cherteker and at ashford , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and the wood which i laid thereto . and i give to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 godwine earle and harald earle frithton . and i give 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to christ-church to christs altar one little 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 gilt i crosse and one carpet , and i give to s. edmund 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 two boned hornes . and i give to s. etheldrith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one wollen kyrtel . and i give to s. osyth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 halfe a pound of money . and i give to austine one 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 carpet . and he that my k testament bereaveth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which i now l ordeined have m by gods n testimony , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bereaved let him be of these earthly joyes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , & cut off him the almighty lord which all creatures 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 created & made from all o holy mens communion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p in domesday , & be he delivered to satam the devill 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & all his cursed companions into hell bottome , & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there q perish with gods r deniers ſ without intermission , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & mine heires never to trouble ( s ) . of this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is for witnesse edward king & many others . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . donatio terrarum apud apoldre , orpinton , palstre , werhorne , wittrisham , ecclesiae christi cantuariae per aedsium presbyterum , de consensu cnuti regis & aelfgifae reginae , ann . 1032. here appeareth r in this writing how cnut king 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & aelfgife his lady gave to eadsy their priest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when he turned monk that he might ſ convey that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 land at apuldore as to himselfe most pleasing were . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . then gave he it to christ-church to gods servants 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for his soule , & he it bought that of the covent for his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dayes & aedwines with fower pounds , on that t contract 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that men deliver every yeare to christ-church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 three weighs of cheese from that land , & three u bundles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of eeles , & after his dayes & aedwines go that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 land into christ-church , with meat and with x men 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 even as it then y inriched is , for eadsies soule , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he bought that land at werhorne of the covent for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his dayes and eadwines also with fower pounds , then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 goeth that land forth with the other after his dayes & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 edwines to christ-church with the z crop that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there then on is , & that land for his dayes at berwick 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which he obteined of his lord cnute king , & he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 gives also those lands at orpington in his dayes for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his soule to christ-church to gods servants for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a garment land , which he bought with eighty 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 marks of white silver by hustings weight , & he gives 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 also those lands at palstre & at wittresham after 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his dayes & edwines forth with the other to gods 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 servants for foster-land for his soule . this bequest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he giveth to the covent on this b contract that they 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ever him well observe , & to him faithfull be in life & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 after life , & if they c with any unadvisednesse with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 him this d contract shall breake , then stands it in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his owne power how he afterwards his owne dispose 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will. of this is for witnesse cnute king , & aelfgife 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his lady , & aethelnoth archb. & aelfstan a b. & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the covent at s. austines , & brihtric young & aetheric 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 husbandman , & thorth thurkilles nephew , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tofi , & aelfwine priest , & eadwold priest , and all the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 kings counsellours , and this writing is e threefold , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one is at christ-church , and one at s. augustines , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and one hath eadsy f with himselfe . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . finis . i have perused this learned treatise of gavelkynd , and judge it very fit to be published . april 7. 1647. ja. armachanus . a table , or index of the principal contents . a. aehte , what , p. 84 agium , in the termination of word what signifying , p. 137 akerland , what , p. 117 allodiarii , p. 123 allodium , the same with bocland , p. 88 , 110. the word derived , p. 105. more properly in england since the conquest , p. 126. proper onely to the king to grant , p. 126 almesland , what , p. 119 assise of mortdancester , where it lieth , p. 152 , 157 aver-bred , what , p. 25 aver-land , what , p. 116 avermannus , p. 116 b. bed-rip , what , p. 17 bene-bred , what , p. 17 beneficium , of same signification anciently , that feudum of latter times , p. 10● benerth , what , p. 18 ben-rip , what , p. 17 bere-gafol , what , p. 29 ber-land , what , p. 118 bermannus , what , p. 118 bians , what , p. 18 black-maile , what , p. 34 black-rents , what , p. 34 blank-ferme , what , p. 34 bocland , what , p. 84. whence so called , p. 112. how variously denominated , p. 121 whether anciently deviseable , p. 89. whether otherwise alienable , p. 87 , 88. the same with allodium , p. 8 , 110. reteined after the conquest , p. 120 bordarii , p. 118 bord-land , what , p. 114 , 118 bordmanni , p. 118 burgh-yard , what , p. 22 , 189 bydel , what , and whence derived . p. 20 c. mr. cambdens derivation of gavelkynd , p. 3 carropera , p. 24 carucae procariae what , p. 18 roga●ae , p. 19 carucage , what , p. 133 charters , diverse of those in ingulphus questioned , and how far , and why , p. 101 chivalry and socage , two tenures comprehending all the lands in kent , and elswhere in england , p. 129 cniht , in the saxon language , what , p. 7 coke , sir edward , his derivation of gavelkynd , p. 3 the conquerours progresse & proceedings after his victory neer hastings , p. 69. his charter of restitution of church-lands , p. 68 conquest , the times about it very rapacious , p 67 contract of marriage , a saxon form or model of it , p. 75 , 76 coredy , what , p 19 , 20 corne-gavel , what , p. 16 corporations , anciently en●eoffed with lands in gavelkind , p. 8 cotarii , what , p. 116. their tenements changed into gavelkind , p. 59 cotland , what , p. 116 cotmani , what , ibid. custome , hardly left , p. 5. beginning within memory no custom , ibid. of gavelkynd , a common law in kent , p. 44 its essential property , p. 49. how different from tenure , p. 144 cyricena-socne , what , p. 133 d. de rationabili parte bonorum , the writ so called whether lying at the common law , or by custom ? p. 78 , 91 dome , in the termination of words , what signifying , 106 dover castle the lock and key of all england , p. 70 drenches , what , p. 124 drincelean , what , p. 29 drof-dens , what , p. 117 drof-land , what , p. 116 drof-mannus , what , ibid dun-land , what , p. 117 e. error , if setled , difficult to remove , p. 62. often caused for want of altercation . ibid. estates , in england universally partible before the conquest , and how , p. 77 , 78 ex gravi querela , the writ so called , where it lies , 153 , 159 f. fald-socne , what , p. 134 fald-worth , what , ibid. fee , not alienable without the lords consent , p. 8. whether anciently deviseable , p. 84 naturally not deviseable , and why , p. 162 fees , whether any in england before the conquest , p. 103 , 111. become patrimonial in many places , p. 162. what in their original , p. 108. how changed afterwards , ibid. females , capable of succession in gavelkynd land , p. 7. excluded from succession with males , p. 8 feudastra , what , p. 57 feuduto , novum , & antiquum , p. 40 feudum , the word how ancient , p. 101 , 102. derived , p. 104 fewd ( in deadly fewd ) whence derived , p. 107 fief de haubert , and de roturier , p. 36 filctale , what , p. 30 fildale , what , ibid. fines for the enfranchising of lands , p. 59 fird-socne , what , p. 174 fodrum , what , p. 25 folcland , the nature of it , p. 78 see also p. 114 , 126. folgarii , what , p. 115 foot-average , what 116 forgable , what 30 forland , what 118 forsohoke 31 foster-land , what , 119 francus bancus 51 , 178 frankalmoigne , p 40 , 142 frank-fee 56 freehold , whether anciently deviseable , 84 frith-socne , what 133 g. gabella , what p. 13 gablum , what , p. 13. terram pon●●e gablum , what , 14 gabulum denariorum 26 gafel , gafol , gafnl , gavel , what signifying 10 gafolgylda 33 gafol-hwitel ●6 gaigneurs , what 25 gavel absurdly rendred gifeeal in many compounds , 10 gavelate , what 31 gavel-bred , what 25 gavel-bord , what 22 gavel-corne , what 16 gavel-dung , what 21 gavel-erth , what 17 gavelet what 31 gavel-fother , what 25 gavelikendeys 33 gavelkynd , the words vulgar derivation proposed , pag. 2. scanned , p. 6. rejected , ibid. a new etymon proposed and asserted , p. 10. the custome so called a common law in kent , p. 44. not causal of partition in land so called , p. 44. what it comprehends , p. 48. the tenure so called almost universal in kent , p. 44. whether eo nomine obteining in wales , p. 53. whether a tenure or a custome , p. 100. prescription in it not good , and why , p. 44 whether socage and it synonimies , p. 55. grants of land in gavelkynd , p. 38. when ceasing , p. 51. see more in partition , villains . gavelkynd land , females capable of it , p. 7. the nature of it , in point of partition , scanned , p. 42. no prescription good there , and why , p. 46. liable to works , p. 57. whether deviseable in kent before the stat. of wills , p. 151. descendible to collateral kinred , p. 7. anciently conveyed to gilds and corporations , pag. 8. alienable from the proper heir , p. 9. all partible land not called gavelkynd , p. 10. gavelman p. 33 gavel-med , what 20 gavel-noh● , what 25 gavel-ote , what 21 gavel-refter , what 22 gavel-rip , what 19 gavel-rod , what 22 gavel-sester , what 23 gavel-swine , what 23 gavel-timber , what 22 gavel-werk , what 24 gavel-wood , what 23 ge , how used with the sa●ons , p. 38 gecynde , mis-construed by mr. lambard , 37 geneat , what 14 gersuma , what 59 grants of land in gavelkynd , when ceasing 51 h. hade , head , hode , hood , &c. in the termination of words what signifying 106 haereditaments , what 83 hamso●ne , what 134 hereslit , what , and whence derived , 32 hide land , what 117 hlaford-so●ne , what 134 horse-average , what 116 hotchpot 91 hunig-gavel , what 28 i. in-average , what 116 ingulfus charters , many of them questioned , and how far , and why 101 inheritance , the word how accepted in england , 83 , 84. inheritances , in england universally partible before the conquest , and how , 77 , 78 inland , what 114 , 119 k. kent , with other counties conquered and over-run by will. 1. p. 66. servi there , p. 74. also nativi , 75 kind , in dutch , what , and whence derived p. 6 , 7 knecht in dutch , what 7 knight service-land naturally incapable of partition 48 knyghren-gyld 135 knights , whether any here in england before the conquest 123 kynd , in gavelkynd of what signification 37 l. mr. lambard his two-fold derivation of gavelkynd , p. 3. whereof one rejected , the other admitted , p. 5. mistaken in the construction of gecynde 37 land , all in kent and thorowout england , either of chivalry or socage tenures , p. 38. all in england , either ancient demesne , or frank fee , p. 57. and subject to tenure , 126. descended , not alienable of old without the heirs consent , 39. purchased , alienable at pleasure , ibid. censual , not censual , 35. how many several kinds of land before the conquest , 114. as also since 115 landagendman , what 15 land-boc , what 112 land-gabel , what 15 land-gafol , what ibid. leaf-gavel , what p. 27 lef-silver , what ibid. les-gavel , what ibid. les-gold , and les-yeld , what ibid. liberum feodum , what 56 lyef-geld , what 27 m. mailer , what p. 34 mailman , what ibid. mail-payer , what ibid. mala , what ibid. malt-gavel , what 27 malt-peny , what ibid. malt-shot , what ibid. manopera , what 24 mete-gavel , what 31 mirroir , the book so called , censured 104 molland , what 117 molmannus , what ibid. monday-land , what 120 mortdancester , the assise so called , where it lies , 152 , 157 mortmaine , what , 40. the tenure of it double ibid. n. names , to be sutable with things very convenient , 11 nativi in kent 75 neatland , what 114 nidering , alias nithing , a nickname of what signification , & whence derived , 65 o. oale-gavel , what 24 ordericus vitalis , his relation of the conquerors proceedings and progresse after his victory neer hastings , p 71 ordinary , his power of d●stributing intestates goods here in england , when beginning , as also in scotland , and normandy 79 over-land , what 119 out-average , what 116 p. parceners , how many sorts , 42 paroc , what 23 partition , in gavelkynd land , neither from the name , nor nature of it onely , 44. nor from prescription , 46. but partly from the nature of it , and partly from custom , and what , 47. the antiquity of it , 61. whether inherent in the land , 247 , 150. why more general in kent than elswhere , 52 , 61. whether brought hither by odo out of normandy , 61 , 81. whether continued there by composition with the conquerour 62 partition , but one property or branch of gavelkynd , 48 , 146. out of kent whence obteining ibid. & 54 partition of goods 79 peny-gavel , what 26 some phrases in ingulphus ancient charters questioned p. 101 pictavensis his relation of the conquerors proceedings and progresse after his victory neer hastings , 69. himself the conquerours chaplain , and an eye-witnesse ib. portfoc● , what 135 , 136 portsoken , what 135 potura , what 29 prescription not good in gavelkynd , and why 44 r. rationabili parte bonorum , 78 , & 91 redditus , albi , what , 34. nigri ▪ what , ib. restitution , a charter of it by the conquerour 68 rip-silver , what 19 rochester castle besieged by will. 2. 64 rod-land , what 117 romney , the conquerours passage by it in his march to dover 69 s. contract of marriage in saxon , 75. the edition of it corrected , 76. several wils in saxon 85 scip , ship , in the termination of words , what signifying , 106 scotale , what 29 scrude-land , what p. 119 seisin , how delivered in the saxons times 112 servi in kent 74 servitus rusticana 127 sextary-land , what 119 smithesland , what 118 soca , socha , soke , sokne , what 133 , 137 socage , free and base , 55. the derivation of the word , and what it signifies , 129. whether it and gavelkynd synonima's , 55. its original , 127. opposite to villenage , 139 socage-land and service , so called elswhere , in kent termed gavelkynd 49 socagium , the distinction of it into liberum and villanum , whence 141 socmanni 137 sokerevi 134 sokmanry 137 spelman sir henry , his derivation of gavelkynd 3 spots story ( of the kentishmens encounter and composition with the conquerour ) exhibited , questioned , refuted , 63. a meer monk●sh ●igment , and why devised , 71. when he lived , 64. his commixture of falsity , 63 stigand the archbishops deposing for opposing the conquerour , not warranted by ancient story 75 sul-aelmesse , what 132 swilling-land , what 117 swine-gavel , what 23 swine-money , what ib. swine-paneges , what ib. swinhey , what 190 t. tainland , 121 tenure , all land in england subject to it , 126. how different from custome , 144 tenure , 1 by divine service , 2 in frankalmoigne , 3 in fee ferm , 4 by petite sergeanty , 5 by escuage certain , 6 in burgage , all socage , and whence , 130 , 141 tenure in mortmaine twofold 40 tenures in chivalry and socage , all lands both in kent , and elswhere throughout england reducible to one or t'other of them 129 tenures , in gavelkynd new created , 9. what before the conquest 112 terra ad gablum posita , what 14 terrae censuales , what 36 terra , haereditaria , 84. libera , 58 , 84. susanna , 118. testamentalis , 84 , 86. unde nemini respondetur , 120 thegenes , 1●3 theines , p. 123 threnges ibid. tol-sester , what 24 truth often lost by too much altercation 62 twy-gavel , what 28 twy-sket , what ibid. v. verstegan , his derivation of gavelkynd 3 villani in kent 73 villenage opposite to socage , 139 villeine services when first ceasing so generally in kent 58 villeine and villenage in england in the saxons time , 66. in kent since the conquest , 72. and in gavelkynd land , 73. as also before the conquest 75 vilienagium privilegiatum , 141 unlandagend , what 1● utland 114 w. wareland , what 118 weilreif , what 65 were-gavel , what 28 werk-gavel , what 26 werk-land 57 white-rents , what 34 wills in saxon 85 wood-gavel , what 26 words in ingulphus more ancient charters , a sort of them questioned 101 work-land , what 115 the writ , de rationabili parte bonorum , whether lying at the common law , or by custome ? 78 , & 91 the writ of ex gravi querela , where it lies , 153 , 159 y yoke-land , what 117 finis . notes, typically marginal, from the original text notes for div a93553-e240 a nomina si n●scis perit & cognitio rerum . isid . o●ig . l. 1. cap. 7. arist . 1. phys . & 2. metaphys . idem 2 ▪ metaphys . notes for div a93553-e2240 sir hen. spelman , in voce ▪ gaveletum . britannia , in kent . * the english lawyer , p. 73. * interpreter , in voce . perambul . p. 528. a see the addition to dr. casaubons treatise of use and custome . b see sir ed. coke , instit . part . 1. fol. 115. a. ff ▪ de reg. jur. l. quod ab initio . c duarenus , commen● ▪ in tit. de pactis , p. 49. ● . d see kilianus diction . verb. knecht . lamb. peramb . p. 547. vid. dictionar . nostr . anglo-sax . i● voc● . e davies reports , le i●ish cust de gavelkind , fol. 49. f ●racton de acq●iren . rer ▪ dominio , fol. ●4 a. g de morib . germanor . h l. inter filios . l. famil . hercis . l. si quis à liberis . ●f . de l●b . agnos● . l. si major . in si . l. communi divid . i lib. 1. feud . tit 6. parag. 2. & ibi ho●om . k li. hen. 1. c. 70. glanvil . li. 7. c. 3. bracton , fol 65. a. l and another in the appendix , scriptur● 9 m see vulteius , de feud . li. 1. c 8. nu . 37. p. 341. n glanvil . lib. 7. cap. 1. o see the ● proposition . p perambu● . p. 544 ▪ q anno 18 ▪ edw. 1. r lib. 3. ●●l . 374. a. † conveniunt rebus nomin● saepe suis . ſ nominae cum re consentiant , plat● de sapient . gafol , what signifying . glossar . verb. gabell● . ſ peramb . p. 529. t instit . p. 1. fol. 142. 2. u in archiv . eccles . cant. † fortè he●e● ▪ conteining four gallons , so fleta lib. 2. cap. 12. x coke , instit . p. 2. p. 58. y spelm. gloss . in voce ▪ z lamb. archaion , fol. 45. cap. 2. a spelm. gloss . in voce . ●avel-●orn . corn-gavel . cavel-erth . * in archiv . archiep. cant. biaus . benerth . a et omnes tenentes de isto jugo debent a rare , herciare , seminare , de semine archiep . unam acram sine cibo , quia gavelerth . custumal of tenham manour . b should he not rather have said , dominus ab hominibus suis ? c in archiv . memorat . d custumal of monkton manour in thanet . gavel-rip . e in armat . eccles cant. ripsilver . bedrip . benrip . bidrip . see spelm. glossa . in bedellus . f in archiv . archiep. cant. gavel-med . * in archiv . memorat . gavel-ore . g in archiv . memorat . h ubi sup . i ubi sup . gavel-dung . k ubi sup . gavel-rod . l ubi supra . burgh-yard . gavel timber . m ubi sup . gavel-refter . gavel-bord . gavel-swine . n ubi sup . swine-paneges . swine-money paroc . gavel-wood . o ubi sup . gavel-sester . tol-sester . oate-gavel . gavel-werk . p ubi sup . q ubi sup . manuopera . carropera . gavel-noht . gavel-fother . fodrum . gavel-bred . r ubi sup . ſ in archiv . eccles . cant. averbred . gaigneur● . wood-gavel . werk gavel . swine-gavel . corn-gavel . peny-gavel . malt-gavel . malt shot . malt-peny . les-gavel . t in archiv . archiep. cant. les-yeld , les-geld . leaf-gavel . les-silyer . lyef-yeild . u ubi sup . hunig-gavel . x ubi sup . were-gavel . y in archiv . eccles . cant. z in archiv . archiep. cant. twy●gavel . twy●sket . bere-gafol ▪ drincelean . scot-ale ▪ potura . a in archiv ▪ memorat ▪ b ubi sup . filctale . fildale . gild-ale . for-gavel . c in archiv . eccles . cant. d see the mirroir , p. 16. mete gavel . gavelet . gavelate . e instit . par . 2. pag. 204. f in archiv . archiep. cant. hereslit . g see butlers english grammar , pag. 19 , 34 , & 35. gavel-man . gafol-gylda . h in archiv . archiep. cant. i ub sup . gavelikendeys . mala. white-rents , blanc ferm . black-rents , black maile . k see spelm. glossary , verb. ferma alba . coke , instit . part 2. 19. and 44. l skenaeus de verbor . signifie . verbo firmarius . land censual . land not censual . m hotoman . de verb. feudal in verb. manus mortua . n see spelm. glossary , verb. feudum scutiferum , & feudum ignobile . o cowels interpreter , verb. chivalry . p lamb. peramb . p. 545. terrae censuales . kind ( in gavelkynd ) what signifying . q as doth also mr. wheloc in his latine version thereof in his bede , pag 471. gecynd misconstiued by mr. lambard . u this seems to thwart glanvil . lib. 7. c. 1. fol. 46. ● . potest itaque quilibet , &c. and bracton , ●ol . 6● . b. x cap. 66. ●ol . 164. b. y bracton , l. 2. c ▪ 10. fol. 27. b. coke , instit . part 1. ●ol . 94. b. z lib. ● . c. 19. fol. 4● . b. item l. 4. fol. 263. b. coke , instit . part . 1. fol. 1. b. verb ▪ fee simple . fleta , lib. 5. c. 5. parag 26. partible land , and parceners two-fold . a fol. 278 , 374 , 418. b lib. 7. cap. 3. c the s●●t●●sh reading i● , si fueri● socegium ill ud an ●qui●ù● divisum . see reg. majest . lib. 2. c. ●7 . d li. 2. c. 34. ●ol . 76. ● . vid. flet. l 5. c 9. parag. 15. e lamb. peramb pag. 538. coke , upon littl. sect. ●65 . objection . solution . f see fulberts dialog . part 2. cap. 6. of pa●ceners . g fol. 76. ● . h fo. 428. ● . quem sequitur fleta , lib. 6. c. 48. parag . 2. i anno 18. dw . 1. k perambul . fol. 5●4 . l fol 36. ● . and fol. 4● . ● . dilemma . m coke , instit . part 1. ●ol 110. b. and fol. 113. b. objection . objection . solution . n peramb . p. 545. o hotom de 〈…〉 l. 2 tit . 5● . p● ag . ● . item disput . c. 5. spelm. gloss i● feud . scuti●ero , p. 260. p peramb . pag 536. q scriptu . 1 , 2 , 3. r anno 1● . edw. 1. ſ see bracton , lib. ● . tract . 6. c. 13. which laid to chap. 15. ●od . tract . the instance there seemeth to be a kentish case concerning a widow of graven●y ( anciently written grav●nel ) by feversham . t p●r●mb . pag 538. u anno 18. edw. 1. x fol. 374 ●● y skenaei annot. in reg. majest . lib. 2. cap. 21 , & 27. z see 21. edw. 1. 34. hen. 8 26. & girald . cambrens . itinerar . camb. lib. 1. cap. 7. by the way , how do our britains claim descent from the trojans ? sith with them the eldest son , by prerogative of primogeniture , monopolized the whole inheritance . whereof see mr. seld. jan. angl. lib 1. pag. 24. vit. basinstoch . hist . lib. 3. pag. 207. a rover. illustrat . hist . monast . s. jo. reom●en . p 6. 18. num . 168. b coke , instit part 1. fol. 140. ● ▪ objection . solution . c as in the appendix , scriptu . 4 , 6 , 7 , 8 , 9. d peramb . pag. 593. e in which respect free socage is not likely to be here intended , since glanvill never mentions free socage , but under the notion of partible land , as l. 7. c. 1. and l. 13. c. 11. liberum feodum . f in archiv . archiep. cant. g lib. 5. fol. 329. ● . h vulteius de feudis , lib. 1. cap. ● . pag. 353. i cowell interpreter , verb. ancient demesne , from fitzherbert . gasolland . werkland . k — terram trium aratrorum , quam cantiani anglicè dicunt thrée swolinges , &c. as in the charter of k. offa , in the antiquities of canterbury , p. 211. l see spelmans gl●ssary , verbo lazzi ▪ m in archiv . eccles . cant. gersuma . n peramb . pag. 533. o peramb . pag. 545. p spot , in the lives of the abbats of s. augustine at canterbury , cited by mr. lambard , both in his glossary before his a●chaion , verb. terra ex scripto , and in his perambul . pag. 28. to discover an old errour as acceptable , as to deliver a new truth . q green boughs , as mr. lambard hath it : a likely matter , at that time of the year , being about november . r see cambdens britann . in kent . ſ hist . of croyland abbey . t psal . 54. 17 psal 51. 1. in marg . psal . 72. 8. in marg . u testis falsus in uno , redditur suspectus in omnib . farinac . de tes●●b . q. 67. n. 3. kent conquered by the normans . x flor. wigorn . an . 1066. rog. hoveden , fol. 258. ● . y see order ▪ vital . ann . 1070. z hist . croyl . fol. 512. b. see also eadm . hist . pag. 6. vsus ergo , &c. a see the epistle in the appendix , scriptur . 21. b gesta gul●●l . duc●● , &c. pag. 204. c hist . eccles . lib. 3 pag. 502. d herewith concurreth malmesbury , fol. 116. b. where he saith , qui cum & b●lli hastingensis victori● , & cast●lli do●r●rsis deditione terrorem sui nominis spars●sset , ( conquaestor ) londonium peti● , &c. e matth. paris , hist . in hen. 3. f lib 7. ●4● . g hist . eccles . lib. 3. propè sin . lamb. peramb pag. 30. author antiquit . britan. ●n vitâ stiga●d● archiep. villani in kent . godwin , c●tal ▪ of ●● . in the life of hubert . k cap. 2. sect. 28. pag. 169. ●ervi in kent . l in armar . eccles . cant. m in archiv . archiep. cant. n penes registrum consistorii cantuar. nativi . o ms. in text. roffens . p l. decem in ●i . de stipul . ● . m●numission●● , de justi● . & ju● . q ll ca●uti , par . ● . cap. 68 , & 75. r archaion , fol. 136. a. ſ davies reports , l● trish custome de gavelkind , fol. 49. t see cowells interp. verb. rationabili parte bonorum , & swinburne of testam . par . 3. cap. 16 , & 18. u bracton , fol. 60. b. s●ld . tit. of hon. cap. 5. sect . 2● . p. 724 stat. will. reg. scotor . 1. cap. 22 , & 30. x cu●●umar . normann . cap. 20 , 21. y 27. distinct . utinam . z daniel , in will. 1. a hist . croyl . sol . 519. a. b perambul . pag. 538. c coke upon li●tleton , fol. 14. a. d hodie nobil●tas s●●indè allodiales satrapias divisioni inter liberos obnoxias , in feuda redigere solet ; scil . ut primogenito consulat , & poten●iae nervis in unum glomeratis , suus familiae splendor mul●itudine liberorum in posteritate non gravetur . nic. burgund . de cons●●t●d . fla●driae , tract . 7. num . 7. e camb. britan . seld. polyolb and spelm. councils . f notes on eadmer . p. 184. g cowell interpr . verb. heir , and hereditament . as also instit . lib 2. tit . 14. pag. 166. h lib. 4. fol. 2●3 . b. objection . solution . objection . so●u●●on . i see gesta guli●l . du●●s , &c. p. 200. b. k lib. f●udo● . 1. tit . 8. parag . 1. & ibi ho●om●nnus . l v●rsio fragmenti saxon in text. r●●f●ns . m ll. aluredi , cap. ●7 . apud ●ornalens . ll. ca●ut . c●p . 10● . ibid. ll. edo . in lamb. ●ol . 136. a. n ll. ethelredi , cap. 2. in j●r●al . o judic . civit . lond. ibid. cap. 1. ll. canu●i , c. 32. ibid. & glossar . ad calcem ll. hen. 1. ve●bo bocland . p of whom see spe●d , hist . in the life of ethelred the 3● monarch . q in armar . eccles . cant. vid. bract●n , lib. a. cap 1● . num . 12. fol. 38. ● . r glossar . ve●bo bocland . ſ gl . ex his in addit . in parag . item placet . insti● . de donatio . s● parag . ut autem lex . in auth. de non alien . glossar . verb. focland , & verb. alodium . u in archiv . eccles . cant. x quaere : for the writing is not clear . y see stowes survey , p. 535. z lamb. peramb . pag. 546. from littleton . see the preface to the reader . hotchpot . a vid. spelman . concil . tom . 1. p. 425. b si quis intesta●us obierit , liberi ejus haereditatem aequaliter dividant . vid. cl. seldeni not. ad eadmer . pag. 184. c. 36. c al. jusserit . d 1. reddantur . e vid. bract. & flet. p. 125. f of testaments , par . 3. parag . 16. fol. 112. b. and 133. a. where he is out in saying , that glanvill took his ground from magna charta , which is impossible ; glanvill being dead long before : an eirour ( it seems ) occasioned by that marginal quotation , not glanvills own , but his that set him forth , or some others . g et si quis liber homo intestatus decesserit , per manus parentum propinquiorum & am●corum su●●●m , & per visum ecclesiae distribuantur , salvis unicuique debitis quae desunctus debuit : which in effect is the same with that of bracton , and fleta : ad ecclesiam & amicos pertinebit executio . h see mr. seldens titles , 1. edit . pag. 228 , 273 , 301. illustrat . upon polyolb . p. 208 sir hen. spelmans glossary , verb. feu●um . i and in the appendix , scriptura 21. k vid. spelm. glossar . verb. feudum , pag. 258. col . 2. & verb. baro pag. 81. col . 1. l histor . croyland . m pag. 116. n pag. 111. o hotom . de feud . lib. 2. pag. 309. parag . ult . tit . 51. p spelman , ubi supra . q annuente rege , omnes carrucat as , quas angli hidas vocant , funiculo mensus est : order . vital . hist . eccles . ad ▪ ann . 1089. r bacons●lements ●lements , tract . 2. p. 30. ſ ch●p 1. sect. 3. p. 16. feudum derived , t de we●c● ▪ bild . s●● ▪ ● . cap. 49. num 8. and allodium . u cowells interp●eter , & west , symbol g p r. 1. l b. 2. s●ct . 603. feud . ( in deadly feud ) derived . x saxon gospels , matt. 25. 18 , 27 also chap 28. 12 , 15. & verstegan , pag. 218. y vide tit . feud . ● . t●t . 1. de his qui feudum dare possu●t . spelm. gloss . verb. felonia , p. 253. cowells interpret . verb. fee. z biblioth . cluniae . pag. 1390. & cujac . de feud . lib. 3. tit . 1. a verb. felonia . b vulteius de feud . lib 1. cap. 1. num . 14. c kilian . diction . verb. leen , & dr. zouch , descript . jur . temporalis , sect . 7. d vid. hotoman . de feud . lib. 2. tit . 3. parag . 4. e vi. spelm. glossar . verb. fideles . f de gest . pontif. lib. 1. g hist . novor . l. 1. p. 18. vi ● . dr. zouch , descript . jur . temporal . sect 5. h spelm. glossar . verb. allodium . i as in hundii metropol . salisburg . bibliothec . cluniac . & praemonstrat . hist . ultraject . & miraei cod. donatio , &c. k vid. fleta , lib. 3. cap. 2. parag . 4. l verbo feudum . m lambard , in verb. explicat . verb. terra ex s●ripto . n in armar . ●jusd . ecclesiae . o see scriptur . 20. in the appendix , & spelm. glossary . vide sp●lm . pag. 319 , 333. & bed. hist . eccles . anglo-saxon . lib. 3. ● . 24. & chronolog sax. anno 854. p sp●lm . concil . p. 507. q anno 9. hen. 3. c. 36. & anno 7. ed. 1 ▪ vide custumar . norman . cap. 32. r ll. ethelr . par . c. 2. & ll. canut . par . 2. cap. 75. gafolland . neatland . inland . utland . ſ such ( ●●ply ) as that in a ve●y a●cien● deed in christ church , called terra rusticorum . it occu●rs in a charter of amfridus de de●e , of lands in fai●field , made about hen. 3. time ▪ to which may be added what occurrs in a charter of hubert t●e archbishop to the prio●y of s. gr●go●ies by cante bu●y , viz. de decimls militum & ru●●icorum , &c. t ll. hen. 1. cap. 8. bracton , l●b . 3. tract . 2. cap. 10. work-land . cot-land . aver land . horse-average foot-average . in-average . out-ave●ag● . drof-land . drofdens . swilling-land . hide-land , yoke-land , aker-land , rod-land . mol-land . ber-land . smiths-land . ware-land . terra-susanna . for-land . bord-land . vide fletan● , lib. 5. cap. 5. p●rag . 18. foster-land . scrud-land . sextary-land . almestand . over-land . monday-land . u in lib. hosp . s. laurentii propè cantuar. x in archiv . eccles . cant. y vide cl. seldeni notas ad eadmer . pag. 170. bocland in canterbury . allodiarii . thegnes . theines . threnges . drenches . z mr. seldens titles of hon. first edit . pag. 390. a id. jan. angl. pag. 61. coke instit . p. 1. fol. 1. & 5. cowells interpreter in verb. fee. b cowell , ubi supra . folcland . servitus rust●can● . b vide adv● s●● ▪ in ma● ▪ paris . hist . & d roger ▪ twysden . praefat . in ll. hen. 1. c i turn conquisitionem , so , in analogie to conquaestors turning by conquerour . d or , ferms . e or , revenues . f or , observance . g or , in way . h or , descent . i or , observance . k some cause ( haply ) of the paucity of charters or feoffments so ancient as those times , extant when bractan wrote , a● he observes , fol. 38● . l bracton , fol. 168. a. 170. a. 208. b. socage , how vulgarly derived . m lib. 2. cap. 35 num . 1. fol. 77. b. n coke insti● . par . 1. sect . 117. and 120. o de feudis , pp. 22 , 23. p mirroir , cap. 1. sect . 3. followed by by coke , instit . par . 1. fol. 14. ● . q vide foed . ●d . &c. cap 6. lamb. explicat . verb in ve●b . arationis eleemosyna , & spel. concil . pag. 130. r see the grand custumier of normandy , ca. 26. and 53. with the glosse there ; and mr. soldens tit. edit . 1. p. 291. ſ vide spelm. gloss . verb. carucagium . carucage t lib. 1. c ● ▪ though afterwards , lib. 3. c. 16. he concur with bracton . socage , a new derivation of it proposed . u vide ●● ▪ aluredi , c. 2 , 5. x spelm. gloss●● ▪ i●●●● voce . y idem , ● . ● voce . z ll. ethelstan . apud exon & g●ea●e●●y●m . ms ▪ in jornalen . a sp●lm . glossar . in voce . b idem , in voce . faldwrth . c cap. 9. ( where i read placitornm for pr●latorum ) and elswhere . sokerevi . d survey o london , pag. 115 ▪ 925. e coke instit par . 4. pag 252. f cap. 22. where for accedit , i read excedit , according as the 24th chapter hath it . g sir edw. coke , instit . par . 2. p. 230. h before his apostolatus benedictinorum in anglia . i sir edw. coke , institut . par . 1. sol . 86. a. k in the word villenage . l fol. 35. b. & sol . 79. b. m vide bract●● , fol. 263. a ● fol. ●8● . a. 208 b. n vide li. edw. confess . a pud cl. seld. not. ad eadmer . cap. 33. pag. 184. objection . solution . o bracton , lib. 2. cap. 35. num . 1. the rent hence called quit-rent . p fol. 7. a. fol. 170. a. fol. 272 a. fol. 209. a. fleta , lib. 1. cap. 8. q coke upon littleton , in frankalmoigne r lib si . 1. ff . ag . vectigal . ſ bract. fol. 37. a. & 79. b. t dr. cowell , interp. verb. escuage . u coke instit . par . 1. fol. 86. b. bacons elements , tract . 2. p 36 ▪ x in archiv . archiep. cant. virg. 5. a●n●id . y perambul . pag. 535 , 536 , 537. fl●●● is exp●esse for this , lib. 6 cap. 17. p●●●g . whe●e h● s●ith ●icut in tenurade g●●●lk●nde , ve●●alibi , bi ●er●a partibili● est , &c. see reg●st . or g. fol. 78. b. z sp●lm . g●oss . verb. ●●●●agium . objection . solution . a hereof see bracton , fol. fol 313. a. b whereof also i● him , fol. 276. b. gavelkynd ▪ partition , whether inherent in the land , or not . c de mor●b . parisior . p. 57. d de doman . franc. p. 40. e peramb . pag. 537. f of this some examples before , propos . 2. towards the end . g see the append ▪ scriptur . 5. h l ▪ adigere . parag quamvis . de jur . patron . c. cum cessante ▪ extra . de appellat . l. tutores . parag ▪ curatores . de admin ▪ tut . i bald. & alii citat ▪ per tholosan . syntag . jur . univer ▪ lib. 6 cap. 5. num . 11. a glanvil , lib. 7 cap. 1. & 5 bracton , fol. 18. b. fol 49. ● . fol 27● . a. fol. 407. b. fol 409. b. b●itton with others cited by dr. cowell instit . lib. 2. ti● . 20 num . 7. coke upon ●i●tb●ton fol. 111. b. linwoods provincial . de testam . c. statutum parag . testamentis , vers . legari possunt . b bract lib 2. cap. 19 lib. 4. tract . 3. cap 9. num . 5. cujac . de fcud . lib. 1. tit . 2. & lib. 4. tit . 19. c lib. 1. tit . 8. de success . feud . & vulteius lib 1. cap. 9. num . 70. d hotoman . upon that place of the feuds . e lamb. peramb . pag. 528. & spelm. glossar . verb. gaveletum . f feud . lib. 1. tit ● . d ▪ success . feud & hotoman . ●bid . g lamb. & sp●lm . ubi supra . perora●io . a clause wanting in the printed kentish custumal supplied . ovid. de pont . lib. 3. el. 9. notes for div a93553-e35840 vide pag. 50. scriptura 1. a this ( it seems ) was before he granted them liberam dispositionem rerum suarum , wherof in eadmer . hist . novor . pag. 108. 3. forisfacturae . redemptio . scriptura 2. vide pag. 50. b simile habes in ll. bu ger . apud scatob . c. 100 ▪ scriptura 3. vide pag. 50. scriptura 4. vide pag. 38. & 55. gavelikend . scriptura 5. vide pag. 51. francus bancus . gavelkinde . juracores . vered●ctum . judicium . scriptura 6. vide pag. 38. & 55. gavelikende . sc●iptura 7. vide pag. 38. & 55. gavelichende . scriptura 8. vide pag. 38. & 55. gavelykende . relevium . present . scriptura 9 vide pag 38. & 55. gavelekende . scriptura 10. vide pag 58. gavelikende . scriptura 1● . vide pag. 60. burghyard . ●…iptura 12. ●…e pag. 6● . gavellond . burghyard . inland . a f. cl●yis , vel claiis . vid. spelm. glossar . in voce . worderinde . swinhey . scriptura 13. vide pag. 68. scriptura 14. vide pag. 68. b f. quàm . scriptura 15. vide pag 73. scriptura 16. vidē pag 73. scriptura 17. vide pag. 76. a conditionally ( and upon this consideration ) that she accept of his speech , i. e. consent to the agreement , or contract here made , and on these terms will become his wife . b withall . c agreed . d presence . e minister . f for surety . g seixe . h inheritances . i of each , o● every . * doughty . l tripartite . m a second ▪ n glory . o obteined . p set at liberty . q pledge . r fortè mancipia . vide dictionar . nosti . in voce 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . spelm. glossar . verb. domesticus , pag. 222. col . 2. item concil . p. 403 & ma●t . patis . add●●am . p. 243. ſ contract . t poss●ss● . u for . x for . y for . z yeild . a numbred ▪ b freely ▪ c c●ucifix . d made . known . e saving . f tipped . g victual . h needy . i possesse , i. e. whosoever owes the land . k possesseth . l crucifix . m sometime . n confirm . o sometime . p nurse . q for . r i. sewer , forte . ſ fortè , a cutlash . t from . u sometime . x is marked with a hand . y sometime sold . z a message from my father . a substance . b i. e. either to divine or secular uses . c testament . d clerks . e laics . f testament . g testaments h estates . i testament . scriptura 19. vide pag. 123. thegenes . [ ] this answers not to the latine ; that , quot eis concessit pater meus ; this , as i to them have granted . scriptura 20. vide pag. 112. & 123. allodia●ii . scriptura 21. vide pag. 67. & 101. 〈◊〉 can●… dig●… nota. landbokes . th●eng●s . nota. a fortè , voletis . b poteritis . scriptura 22. vide pag. 85. a with . b testimony . c i. c. ad victum . d lives time . e deaths . f together w●th that . g withall . h champion i crucifi● . k will. l bequeathed . m with . n witnesse . o saints . p at . q be tortured . r reprobates . ſ or , except he desist from molesting mine heires . r by . scriptura 23. vide pag. 120. ſ dispose . t condition . u cados . x i. e. entirely . y improved . z stock . a clothing . scrud-land . hustings weight . foster-land . b condition . c by . d condition . e tripartite . f to .