YALE UNIVERSITY LIBRARY THE BERKELEY MANUSCRIPTS Htbes of ti)t 3SerMe|>0 THE BERKELEY MANUSCRIPTS THE Cities of X\\t ffiirhilegs LORDS OF THE , HONOUR, CASTLE AND MANOR OF BERKELEY 3n % (lountg of (ffrlomtshx From 1066 to 1618 WITH A DESCRIPTION 'OF THE HUNDRED OF BERKELEY AND OF ITS INHABITANTS BY JOHN SMYTH, OF NIBLEY VOL. II Edited by Sir JOHN MACLEAN, F.S.A., etc. FOE THE BRISTOL AND GLOUCESTERSHIRE ARCHAEOLOGICAL SOCIETY GLOUCESTER: PRINTED BY JOHN BELLOWS FOR THE SUBSCRIBERS MDCCCLXXXIII PREFACE TO VOLUME II The fecond volume of the feries of the Berkeley Manufcripts will be found to be not lefs valuable than the firft, indeed it is of more com- prehenfive and wider intereft. James Lord Berkeley, in the 2nd Henry vj., married Ifabel eldeft daughter of Thomas Mowbray ift Duke of Norfolk of that houfe, his fecond daughter Margaret having become tfye wife of Sir Robert Howard Kn*- Upon her marriage Ifabel brought to her hufband feveral manors in Warwickfhire, and upon the failure of iffue of John Mowbray the fourth Duke of Norfolk and Earl of Notting ham and Marfhall (17th Edw. IV.) the heirs of the aforefaid Ifabel and Margaret inherited the vaft eftates of the Mowbray family in divers counties, the faid Ifabel bringing, Smyth fays, "the greateft maffe of land to this family of any lady that was before her." Thefe lands con fifted of many manors in each of the feveral counties of York, Lincoln, Effex, Buckingham, Bedford, Warwick, Huntingdon, Salop, Leicefter, Derby, Hertford, Cambridge, Suffex, Middlefex, and Surrey, together with divers manors in the Marches of Wales, and feveral Hundreds and Baronies both in England and Ireland. The acquifition of which of neceffity very largely increafed the topographical range of this work. This great alliance, however, through the jealoufy and inordinate ambition of William Lord Berkeley, the eldeft fon and fucceffor of the Lord James by the marriage above mentioned, very nearly brought ruin upon this ancient and noble houfe. We know of no parallel in ancient or modern hiftory to the lavifh and extravagant alienations of this lord. In 1483 the King conferred upon Sir John Howard, fon of Sir Robert by Margaret the younger Mowbray co-heir, the Dukedom of Norfolk and the Earldom of Nottingham and Marfhalfhip of England, at ii PREFACE at the fame time creating his fon Thomas Earl of Surrey, both of whom were flain at Bof worth fighting for the White Rofe, and were thereupon attainted. The honour granted to his coufin fired the anger and ambi tion of Lord Berkeley, and determined him to obtain, at whatever coft, a fimilar rank, or if not fo high, at leaft the next in degree. This depended upon the King's favour, to obtain which he was prepared to make any facrifice, however great. For fubftantial confiderations, one of which was that the King fhould difcharge him and James, Maurice and Thomas, his brothers, of ^34,000, payable by them and James their late father to the Earl of Shrewfbury and Margaret his wife and John late Vifcount Lifle their fon, he had received from Edward IV. the rank of Vifcount Berkeley, and was made a Privy Counfellor ; but, in the words of Smyth, " having in his ambitious opinion too much land and too little honour," in 1483 he induced Richard III. to create him Earl of Nottingham. "This Earledom fatisfying not; for to climb higher" he agreed to convey to the King thirty-five manors, to hold to the faid King and the heirs of his body, but fortunately in default of fuch iffue the re mainder was limited to himfelf and his heirs. " Howbeit," Smyth fays, M this profufe fcattering at a clap hurt him not ; for this eftate tayle in the king determined the 22nd Auguft following by the kings death at Bofworth field." "Soe prudent," Smyth fays, "was this Earles cariage between thofe adverfe princes (Richard III. and the Earl of Richmond) ayding the one w* men and the other with money, neither of both with his perfon, That hee preferved the favor of both, at leaft loft neither of them," and Henry vij foon afterwards created him Earl Marfhal and Great Marfhal of England, and it would feem plain that he was in debted to the good offices of Sir William Stanley the Lord Chamberlain in obtaining thefe honours, for at this time he granted to the faid Sir William his purparty in fome twenty manors, two caftles, and divers lands in Shropfhire and the Marches of Wales. Still grafping at higher honours, and without the inducement as in the firft inftance of the fub ftantial releafe of a bond due by his family for a large fum of money in 1487 he "affayleth" (fayth Smyth) the king for the Marquifate of Berkeley, and covenanted to convey by good affurance to himfelf and the heirs PREFACE iii heirs of his body the Caftle and Manor of Berkeley and divers other manors, and, in default of fuch iffue, remainder to the faid king and the heirs male of his body, and in default of fuch iffue remainder to his own right heirs. Whereupon in the following year he was created Marquis Berkeley to him and his heirs male, a limitation apparently not of much value, for he had not, and was not likely to have, iffue. But this was not all, for, for their good offices with the king, he eftated the Earl of Derby and other courtiers in all other his lands except a few manors which he fettled upon his wife for the term of her life as dower, with remainder to the king under the fame limitations as above. Maurice, his brother and heir apparent, who is believed to have juftly remonftrated with the Marquis, perhaps with fome natural intemperance, at the wanton and recklefs manner in which, to gratify a felfifh, overweening, perfonal ambition, he was bringing ruin upon an ancient and honourable houfe, had given him great offence, fo that upon his death no lands whatever devolved upon his heirs. Nor in his will does the Marquis name his brother Maurice, or either of Maurice's three fons, or the four fons of his younger brother Thomas, nor did he leave fufficient perfonalty for the payment of his debts, which neverthelefs Maurice, for the credit of the family, took upon himfelf to difcharge. Through the obliging courtefy of the Rev. R. H. O'fflaherty, vicar of Capel, Surrey, I am enabled to lay before the reader the text of this extraordinary teftament, received fince the volume has been made up, or it would have been introduced into the body of the work. Ce^t'm tint WSl'i 2$awf)iomss 2&arMep & Comitig $otitt0jj'm 9(n bet nom'i 3ftmen the v* day of the mointh of ffebruary the yere of our Lord God M'cccclxxxxi. And the vijth yere of the Reigne of King Henry the viith I Willyam Markes of Berkeley erle marchall and Notingham and grete marchall of Englond being of goode and hole mynde Loving and preyfing be vnto my Savior make and ordeyne this my f}nt teftament and Laft will in mara and forme enfuying that is to fey furft and principally I bequeith and recomend my foule to allmighty God my feid Maker and Savior And to the bleflid virgyn our Lady feint Mary and to all the holy company of hevin And my body to be buried in the church of ffrires Auguftin in London And I bequeith to the mother church of our Lady of Worceftyr iv PREFACE Worceftyr O Itm I bequeith to the Vicar of the piffh church of Barkeley for my tithes negligently forgoton and w'drawn In difcharge of my foule xls Itm I will that myn executours Vndrewreten do by veftimentis and ornamentis to the valure of xx marc' to be occupied in the feid fryre Auguftines at the auter of Seint Rooke as longe at [fic] they endure. Alfo I will that my feid executors ordeyn ij freres ppetually to fing in the White freres in ffleteftrete In the fubbarbes of London at the auter of Seint Gafcon there to pray for my foule my Lord my fathers foule my moders foule my wiff foule And the foules of my fonne fyr Thomas Barkeley for euyrmore Alfo I will that my feid executours ordeyne an other ffryre ppetually to fing in the grey ffryres at Glouceftyr foreuyrmqre to pray for my foule and the foules aforefeid Itm I bequeith to the bilding of the feid Grey ffrires xxu Alfo I will that my feid executours purchefe Londes and tenements to the valure of x marc' yerely ou' all charges And therw' make and founde A ppetuall chauntry at the aulter of our Lady of Pite in Epworth in the Counte of Lincoln to pray for the foules aforefeid foreuymore Itm I will that my feid execute's purcheffe Londes and tenements to the yerely valure of xxij marc' And therw' to founde and ordeyne ij ppetuall preeftf at Longbrigge oon of them dayly to fing in the chapell of the Trinite there And that other dayly to fing in the chapell of the church of Berkeley Where as my feid lord my fader and my feid fonne lieth buryed to pray for the foules aforefeid for euyrmore Or elfe I will that the xxij marc' of Rent in fframpton be difpofed to the pforming of the fame Alfo I will that my feid executors fpend and difpofe in bilding of an houfe at Longbrigge aforefeid for ij p'eftys to Inhabit [fic] to dwell in C marc' of money Alfo I will that my feid executors do by vefti mentis and ornaments to the feid chapell of Longbrigge to the valure of xl marc' Alfo I will that my feid executors do purcheffe a pdon from the court of Rome as Large as it may be had at Longbrig aforefeid from evenfong to evenfong in the feft of the Trinite for the playne Remiffion to them that wilbe confeffid and contrite And ther then to fey iij pat'nofters and iij Aves for my foules [fic] and the foules aforefeid Itm I bequeith to. John Wyting xlu to be payd w'in x yere after my deceefe Itm to Richard Butteler xu Itm I bequeith to John Sky 11 xx marc' to be paid in x yeres next after my deceefe Itm I bequeith to Margarete Babbam xu Itm to Elifebeth Kelton Cs Itm to Symonet Stoute v marc' Itm to Elianore Gough x marc' Itm to Margery Brugh v marc' Itm I bequeith to Elifabeth Berkeley xx marc' Itm [fic] to be paid to hir w'in x yere after my deceefe Itm I bequeith to Margery Berkeley x marc' Itm to Agnes Mounceney v marc' Itm I bequeith to Richard Berkeley xls Itm to humfrey Stauerton xls Ite I bequeith to Richard Style xxvjs viijd Itm I bequeith to Thomas Heme xxvj5 viijd Item to fyr Willyam ffayreway PREFACE v ffayreway xls Itm to ffrere John Wikes xxs Itm to Robert Alinfon thelder xls Itm to Robert Alynfon the yonger xxs Itm to Nicholas Mody xls All thefe to be payd to the pfones abovefeid w'in x yeres after my deceefe Itm I will that my feid executours after my deceefe fatisfie & Recompenfe all trefpafis and wrongf by me doon and not recompenfed afore my deceefe in difcharge of my foule fuche as fhalbe fhewid and prouided [fic] before them w'in x yeris next after my deceefe And that to be proclaimed in euerie place where I have had moft refort unto in tymes paft to thentent my detts and the feid wrongis may be truely content and fatisfied after euery true and refonable mannes defire Alfo I will that all my aray plate ftuffe of houfehold and of the chapell after my deceefe be deuided in ij partes that is to fay the oon halfe therof to my welebeloved wiff Anne to hir owne vfe w'out any Lett fraude or delay And the other halfe therof to be difpofid and diftributed in pformyng and fulfillyng of this my Laft will and teftament And I will that myn executours have take and pceyne all the iffues pfits and revenues comyng and growing of my Lordfhippis and Maners of Wing Segrave in Penne And Marlow in the counte of Berks for the terme of xv yeris next after my deceefe And after that if it fortune me to dye w'out iffue of my body Then I will that the feid Lordfhippis and Maners Remayne to Thomas Erie of Derby And to the heires males of his body Lawfully begoton according to endentures betwene me and the feid Erie therof made And for Lake of fuch iffue I will that the feid Lordfhippis and Maners Remayne to Anne my wyfe for terme of hir Lyfe and after hir deceefe the Remaynder therof to John [fic] Berkley and to his heires males of hyr [fic] body Lawfully begoton And for Lacke of fuch iffue the Remayndre therof to my Right heyres foreuyrmore Alfo I will that myn executos have take and pceyne all the iffue pfites and revenues of the maners of Seleby and Mountforell and of the hundreth of Gofcote w' thapptenncs in the Counte of Leyceft' now being in feoffees Handes from the tyme of my deceefe vnto the tyme that my debts and Legacies be content and payd and this my Laft Will Truely executed and pformed Alfo I will that if Elifabeth Ducheffe of Norff' deceefe be fore that my detts and legacies be paid and my Will pformed Than my feid executours have take and perceyne all the iffues profites and revenues of the Maners of Thurlefton in the counte of Warwik . the man! of Sehame in the Counte of Leicefter the, maners of Alcambury Wefton in the Count of huntingd the Maners of Bretby Lynton, Cotton Repingdon" Reftlafton and Affheburne in the Counte of Derby And of the Maners of ffuntyndon and Thorney w' thapprtennces in the Counte of Suffex from the deceefe of the feid Ducheffe unto the tyme that my feid dettis and Legacies be paid and content And this my Laft Will truely executyd and pformed And alfo I will that the fame Dame Anne my Wyfe after my will pformed have vi PREFACE have the feid Maners of Thurlafton Segrave Alcumbury Wefton Bretby Lynton Cotton Repingdon Roftelafton and . Affheborne w' thapprtenncis for terme of his Lyfe Alfo I will that if I the feid Markes dye w'out iffue of my body comyng Than after my feid Will pformed I will that the feid Anne my wyfe have the feid maner of Seleby for terme of hir lyfe Itm I will and bequeath to my feid wyfe all my tenementis in London and in Chelchehith in the Counte of Midd'x to have to hir that is to fey the tenementis in London to hir in fee fimple and at Chelchithe for terme of his [fic] Lyfe The Remayndre therof to John Wytyng abovefeid in fee fimple And that my feid Wyffe fhall paye for the tenementis in London to the fryrers Auguftines cc marc' for ij freres there ppetually to fing and pray for the foules aforefeid for evYnore Alfo I will that fir Thomas ffit3 Willyam Knyght Roberd Rede feriaunt of the Lawe and Garter King of Armes be truely content and paid of ther fees for terme of ther lyfe acording to the Graunts to them made And I bequeath to Thomas frere Late Prior of the White ffryres in fleteftrete and to his felowe for to fing for my foule xx marc' Alfo I bequeith to the feid ffreres euery yere x marc' in to the tyme the fundation be made Itm I bequeith to Watkyn taylo1 xxs And of this my pnt teftament and Laft Will endentid I mak and ordeyne myn execute's- that is to fey my feid wyfe the Reuerent fader in God Edmunde Biffhope of Rocheftr maift' Richard ffit3 James and Richard Withir And I make and ordeyne Ouerfeers of the fame my Laft Will The mooft famous and criften prince and my mooft finguler goode and gracious Lord King Henry the vijth Thomas Erie of Derby aforefeid and John Whiting And I bequeith to euerich of my feyd executors for ther Labors in that ptic to be had xxu And to eu'rey of myn ovfeers xu in money In witteneffe wherof to this my fjfit teftament and laft will I haue fette my feale of myn Armes The day and yere abouefeid Item I bequeith to Thomas Armerer xxvjs viijd Itm to Thomas Creyford xxs to Thomas Tide Cooke xxs to John Goodyf xl5 to John Doland xx?. Probatum fuit fuprafcriptum teftamentu coram etc' apud Lamhith feptio die menfis Aprilis Anno dni Miitimo cccc° nona- gefimo fecundo juramento Edwardi Konyngifby et Diie Anne Relifte eiufdem Ac approbat' etc' Et comiffa fuit admiftratio omnia bonorum etc' dicte diie Anne de bene etc' Ac de pleno Inuentario etc' cit' feftu Penthecoft Alijs executor' refutam etc' Maurice Berkeley was as extraordinary a man as his brother, but of a totally different character. The former was intenfely felfifh, unfor giving, and greedy of perfonal rank, rafh and unprincipled in feeking it, and regardlefs of the honour of his family or of his own ; the latter was prudent, PREFACE vii prudent, cautious, laborious, and perfevering, not in the purfuit of his own advantage but for the benefit of his fucceffors, in the endeavour to raife again the grand ftructure of his ancient houfe from the ruin into which it had been caft down by his brother's folly. Seeing himfelf and his heirs, in all human probability, for ever deprived by his brother's act, within a period of lefs than feven years, of the inheritance of every of his anceftral manors, and efpecially of the poffeffion of Berkeley Caftle by the tenure of which the Barony was at that time confidered to be held, he did not, as many would have done, fet himfelf down and fubmit to the inevitable. He at once commenced a careful examination of his brother the Marquis's deeds of faies, and finding therein many flaws of title, with great legal acumen and patient perfeverance, beginning with the King himfelf, he fucceeded in recovering in the fhort fpace of another feven years, out of broken and controverted titles, upwards of fifty manors befides other lands and poffeffions, of which he died feized, and the whole defcended to his fon Maurice, his able affiftant in his legal ftruggles ; for, throughout, he acted as his own lawyer in all the courts. Smyth gives a pathetic account of him as "with a milk-white head in his irkfome old age of 70 years, in winter terms and frofty feafons, with a buckram bagg fluffed with law cafes, in early mornings and late evenings walking with his eldeft fon between the four Inns of Court and Weftminfter Hall, following his law fuits in his own old perfon, not for himfelf, but for his poflerity, to regaine part of thofe poffeffions wich a vaft brother had pro- fufely confumed." As an evidence that the Barony of Berkeley was at this date deemed to be held by tenure, Maurice Berkeley, though he ftill claimed to be Lord Berkeley, and the title was generally conceded to him, it was rudely rejected by Sir Robert Poyntz, whom Henry vij had appointed as .Steward of the Manor and Hundred of Berkeley. That it was con fidered a Barony by tenure is alfo fhewn by the fact that Maurice Berkeley was never fummoned to Parliament, and that when his fon Maurice, in the 14 Henry viij (1522) had fummons by reafon that the Caftle and Manor of Berkeley was then veiled in the Crown he had not the viii PREFACE the precedency of his anceftors but was affigned the loweft place as the youngeft baron. Moreover this Barony, if a new creation fhould have become extinct on the death of Maurice Lord Berkeley in 1523, s.p., and his fon Thomas would not have had any claim whatever to fummons, neverthelefs in the very next Parliament, viz., that fummojned to meet at Weftminfter 9 Aug. 21 Henry viij, Thomas Berkeley was fummoned under the flyle of " Thomas Berkeley de Berkeley Chevalier," (though Smyth does not appear to have noted this fummons,) and was given precifely the fame precedence as that affigned to his fon Henry after he, on the death of Edw. vj, fucceeded to the Caftle and honour of Berkeley. We fhall abftain from entering further into the vexed queftion of the Baronial tenure of Berkeley. It will fuffice to refer the reader to Smyth's difquifition thereon (Vol. II. p. 50,) and to mention that the claims of William Fitzharding Berkeley in 1829, and that of his brother Admiral Sir Maurice Frederick Fitzharding Berkeley, G.C.B., in 1838, to be fummoned to Parliament as being feized of the Caftle and honour of Berkeley, were rejected by the Houfe of Lords, the former in 1831 being created Baron Segrave, the former titles having become extinct, and ten years later, the latter Baron Fitzharding in 1841. This Volume, like the former, will be found to contain many par ticulars of great intereft illuflrative of the manners and cuftoms, which are now extinct and forgotten, of the period which it covers, and vivid pictures of the habits and ufages of the great baronial families. The third Volume of the feries, containing the " Hiftory of the Hundred of Berkeley," will be fent to prefs immediately. Its contents will be no lefs valuable and ufeful than thofe of its predeceffors. Though thefe to fome extent will be of a more local character, there will be much of wide general intereft relating to the tenures of lands and manorial cuftoms, to fay nothing of the valuable pedigrees with which the Volume abounds. J. M. Stye Cife of Stomas tlje Jfottrtl) 447 Clje life of Thomas lord Berkeley the fourth of that name ftiled in writings, Thomas de Berkelee chivaler, And Thomas dns de Berkele miles. And Thomas de Berkeley dns de Berkeley. And dns Thomas dns de Berkeley. And dns Thomas de Berkeley dns de Berkeley. And Thomas Berkeley miles diis de Berkeley. And dns Thomas Berkeley miles dns de Berkeley. And jdns Thomas diis de Berkeley et de infula. 31rtb in ffrench le honorable feignior mounfieur Thomas de Berkeley fur de Berkeley 3Gitfc trefhofi et noble feignior mounfieur Thomas &c : And nobilis vir Thomas Berkeley dns de Berkeley. 5lnb may bee called Thomas the magnificent. Contemporary with Edward the third, Richard the fecond Henry the 4th and Henry the fifth, from . 1368 . till . 1417. €&e life of this lord I deliver to his pofterity under thefe fifteene titles . viz1. 1. — J|Jig birth and courfe of youth . fol : [448] 2. — i^ijsf hufbandries and hofpitality . fol : [452] 3. — j^ijg? forraigne imployments . fol : [454] 4. — JjjJtjS recreations and delights . fol : [459} 5. — ipijg purchafes and faies . fol : [460] 6. — Jjltjg lawe fuites . fol : [464] 7. — JjjJijJ almes and devotions . fol : [466]. 8. — Jj## rewards to fervants . fol : [468} 9. — JplijS mifcellaines . fol : [471] 10. — IjMg wife . fol : [476J 1 1.— Jpig iffue . fol : [477] 12. — i^ijgf feales of Armes . fol : [483] 13. — ij^i# death and place of buriall . fol : [484J 14. — CljC lands whereof hee died feized . fol : [485] 1 5. — Cjje Application and ufe of his life . fol : [486] B VOL. 11 €|je Hitag of tfje &etMzp$ 1368 448 Efcset. in turre London. 42. E. 3. poft mortem Mauric : de Berkeley. |>i£ Bhrttj anti course of poutf). I}£ birth of this lord was at Berkeley Caftle in the vigill of the Epiphany the fifth of January called the twelvth Eve in the 26th of Edward the third . Anno . 1352. And now at the death of his father aged fifteen years five months and three days. C C|)e longe ficknes of the laft lord Maurice (occationed by his bloud fpilt in the battle of Poytiers twelve years before) and the minority of this Thomas his heire, may feem to have quickned the treaty of this Thomas his mariage, to prevent thereby the wardfhip of his body by a fpeedy mariage of his fon, if his own carta in caftro de growing ficknes fo conflrained . whereupon at Berkeley on wednefday next after Berkeley. ^ feaft of the ^oly Trinity in the 41* of Edward the third (a year before hee dyed) It was agreed betweene him on the one part And Gerrard Warren lord de Lifle of ye other part, That Thomas de Berkelee his eldeft fon fhould marry Margaret daughter of the faid Gerrard : And that with her hee fhould pay to the lord Maurice one thoufand and one hundred markes,1 whereof 400" at the mariage, And 700" at fower days in three years following, And that after the mariage folemnized the lord Maurice fhould allow them two hundred marks by the yeare for their maintenance, And one hundred marks prefently : And that the faid Margaret by reafon of her tender age (then about feaven) fhould for fower years remaine with her father, And this Thomas de Berkeley with his father. original : 50 : E: 3. rot 40. in fccio claus : 47 E. 3. m. 28. dorfo. fin. 24. E. 3. m. 5. 3HltO it will bee to the illuftration of divers paffages following, to declare in this place That this Gerrardus Warren diis de Infula ufually called Warrinus de Infula, by Margaret his wife one of the heirs of S? Wittm Pipard had iffue only one fon called Gerrard who fhortly after dyed without iffue, And that the faid Margaret now to bee maryed to this Thomas de Berkeley was the daughter of the faid Gerrard de Infula fon of Warren de Infula and of Alice Tyes his wife daughter and heire of Henry lord Tyes and of Margaret his wife fon of Henry lord Tyes who died the firft of king Edward the fecond. Two antient Baronies now to bee grafted into the third of 25erftdcp. 2&ut 1 Query : pounds as after ftated? [Ed. J 1417 &ife of Chomag the f ourth 449 Comp : garderob : 41. E. 3. in caftro de Berkeley. Rot. fin. 42. E. m. 9. 25ut the ficknes of the lord Maurice Berkeley increafing, notwithftanding the former agreement of fower years ftay : they were by | his requeft maryed at the faid lord Lifle his houfe at Wengrave in Buckinghamfhire in November next following And being himfelf unable to travell to his fons marriage, fent with his fon to attend him three of his houfhold knights. Sf Richard de Acton, Sr John Tracy and S* Nicholas de Berkeley, and 23 . of his houfhold Efquiers (all named in his houfhold Accompt ;) Che knights were futed in their liveries of fine cloth of ray furred with miniver, And the Efquires in their liveries of courfer ray and Lefs coftly furre : And the young bridegroom himfelf was in fcarlet and fattin and a filver girdle 3Unb the lord Maurice himfelfe that kept home, infirmed in body, in honor notwithftanding of the mariage, made himfelf a fute de panno deaurato, which I thinke I may Englifh, cloth of gold ; 3flnB at the day of the folemnization of the marriage, S' Richard de Acton gave the minftrels fourty fhillings : Out of this houfhold Accompt I can pick no more of this mariage. Che bridegroome and his knights returne to Berkeley. The lord Maurice dies the 8* of June following. The lands of Thomas his fon (now lord) becomes the kings in ward for two parts, hee then of the age of fifteen years and upwards as aforefaid, the firft wardfhip that ever had happened in the line of Berkeley ; Co his father in lawe Warren de Infula, the king the firft of October following grants the cuftody of two parts of the young lords lands till full age for the rent of 400!' by the yeare. Che infants mother the lady Elizabeth bringeth her writ of dower which to her Rec:infcacio: 16. is affigned in Cowley, Upton S' Leonards and Awre, as before hath been touched, ' ^ ° j^' e and as after more fully is declared. Che guardian having hufbanded his fon in lawes eftate to the advancment claus : 48. E. 3.. thereof without detriment, The ward, this lord, attaineth to full age the fifth of m" 3°- January in the 47'!1 of Edward the third Anno . 1373 . fueth his livery for his lands difcended unto him in the Counties of Somerfet, Glouc : Wilts, Effex and the City of Briftoll, And accordingly enters upon the Eftate difcended unto him from his father : of new ftocketh his demefnes, And falleth upon the old courfes of father and grandfathers hufbandries, that in this place need no repetition ; And forthwith Rot. franc : 48. paffeth to the warrs of ffrance as after followeth in his forraigne imployments, being E. 3 m : 8. knighted at this time. 31t the time of this lords marriage and for eight or- ten years- after this lords wife had a brother living called Gerrard after his fathers name maryed | to Anne 450. b 2 daughter Che Hitoejt of the S&etftelepjef 1368 claus : 47. E. 3. daughter of Mounfieur Michael de la Pole, but dying without iffue about the begining of Richard the fecond, the wholl lands of the two baronies of Lifle and Tyes difcended upon this lords wife and this lord her hufband, which fell the more entirely through the death of ,her mother who died in 49* of the fame kinge. comp. de Slim bridge 6. R. 2. carta in caftro de Berkeley. Che lord Thomas bringeth his wife the lady Margaret to Berkeley about the fifth of Richard the fecond, whom her faid father accompanyeth ; And in fewe months declareth his affection foe entirely to him, her, and the place, That the thirtieth of November in the fifth of Richard the fecond in a french deed Indented between them, they publifh their mutuall agreements That hee the lord Lifle fhall at his pleafure come, goe and dwell in his Caftle at Berkeley at all hours, fhall have free hunting in all his fon in lawes chaces, parks, warrens, -and in his free fifhings, And that in all voyages of warre they two travell togeather, And his faid fon in lawe bee unto him an unfeparable companion, And that hee and the iffues that hee fhall beget upon the body of his daughter, will alwayes ufe and beare the Armes of him the faid lord Lifle, when time, after his death fhall come. comp : Recept. in 3lltD accordingly the Armes of the faid lord Lifle and Tyes were by this lord caftrode Berkeley. Thomas fet up quartered in divers places within his Caftle of Berkeley, whereof thofe in the windows in the great Chamber and at the head of the hall ftayres before the Chappie doore do there yet remaine . Anno. 1624. cartae in cailro de Berkeley. Efcaet. 6. R. 2. n?4i. 451 fin. 6. R. 2. m: 6. fin : 15. R. 2. pars. 1. m : 6. claus: 18. R. 2. m. 17. cart : 6. H. 4. m : 1. %Vib to fit the clofer to the humor of the good old lord, this witty fon in lawe maketh his daughter a Joynture of all the lands of his inheritance which were then held by the lady Elizabeth his mother, and the lady Katharine his grandfathers widow, in dower or Joynture from either of their hufbands ; which two ladies left their lands and lives, the one in the ninth the other in the thirteenth of the faid king Richard, as is before expreffed, the .better thereby to catch that great eftate of his father in lawes, which snow comes tumbling upon him. ffbE the good old lord de Infula the 28* of June next after thefe fweet and fociable agreements, in the fixth of ^Richard the fecond, ] dyeth : And by offices the fame year found and returned his faid daughter is found to bee his fole daughter and heire, and to inherit thefe manors & lands, which then and fhortly after by the death of Jone and Margaret two wives who held part of them in dower and Joyn ture, fell all in hand to this lord . viz' The manor of Wengrave in the County of Bucks. The manor of Kiflingbury ) The manor of Stowe | I* the County of Nortftton The 1417 %rk of Chomag the fourth In the County of Wiltefs. In the County of Berks The manor of Chilton foliot The manor of Nethercote The manor of Draycote The manor of Horewell The manor of Kinge The manor of HordweH The manor of Colcot The manor of Ordefion The manor of Buden The manor of Collicote The manor of Shirborne The manor of Noke The manor of Fretwell The manor of Aylwerton The manor of Trewarnake The manor Penfans The manor of Charleton The manor of Tetcote The manor of Clonton The manor of Norbony The manor of Langdon And divers Advowfons of Churches,, and many faire farmes, lands and Tenements 452 in ffullam, ffavelore, Uplamborne, Leverton, Bockhampton and other places, As cartse et compi in the faid offices and many deeds Accompts and the great Chartulary in the Caftle of Berkeley do fhewe : fhee then of the age of . 22 . years, whereby the poffeffions of the two baronies of Lifle and Tyes came to the Berkeleyan family, which by this mariage doubled the eftate thereof. In the County of Oxon. In the County of Cornwall In the County of Devon caftro de Berkeley. p£ hu0fianbrie£ ano ho£$ttafttp. 31H thofe years of Edward .the thirds raigne, after this lord Thomas came to Comp : divers 7 ° manors. full age, and untill the 8* of Richard the fecond or neere thereabouts, hee purfued the prefidents of his Anceftors hufbandries as hath Been faid; Chen began the times s.tow et How in to alter, and hee with them (much occationed by the infurrection of Wat Tyler and mult. al: generally of all the Comons in the land,) And then inftead of manureing his de mefnes in each manor with his own fervants, oxen, kine, fheep, fwine, poultry and the like, under the overfight of the Reeves of the manors, who were (as ftill they are) each year chofen at the halimot Court of the manor holden about Michaelmas, and Che Eitoeg of the 2&erMep£ *368 and were bound to the fame and collection of the lords rents without fallary, by the tenure of their Copihold meffuages and lands for which the Reeve was yearly chofen,) This lord began to joyft and tack in other mens cattle into his pafture grounds by the week, month and quarter ; And to fell his meadow grounds by the acre ; And fo between wind and water (as it were) continued part in tillage,. and part let out and joyfted as aforefaid for the reft of that kings' raigne 3finp after, in the time of Henry the fourth let out by the year ftill more and more by the acre as hee found chapmen and price to his likeing : And fo left his eftate in the fifth of Henry the fifth when hee dyed, 2£>ut in the next age that fucceeded, his nephewe and heire male the lord James who fucceeded in thefe manors, (as did all other great lords of manors almoft throughout the wholl king- dome,) in the times of Henry the fixth and Edward the fourth and after, yea to this prefent day, hee and they let out their manor houfes and demefne lands, fometimes at racked improved rents according to the eftimate of the time, And fometimes at 453 fmaller rents, taking a fyne or incombe | of their tenants as they agreed, which is the generall courfe and hufbandry for farr the moft part, to this very day. And (to conclude with the voucher of my felfe,) it is that courfe whereunto after much toyl- ing and turmoylinge with the plough, fervants and hufbandry, I am now fallen into, Hopinge that the litle remainder of my life, fhall thereby have more profit, and Country quiet, then the foure and irkfomenes of toile and hind fervants would hitherto permit mee to taft of : And let me conclude in him that is the true period of all I write or fay, And without whom I had neither written nor brought to birth any thing that is herein fpoken, as being my principale movens and the caufa caufans fine qua non, George now lord Berkeley, And the rather becaufe henceforth I meddle no more in thefe relations with this title of Hufbandry : when hee fhall attaine to one and twenty years, enjoy his lady, and they a family anfwerable to their births and dignities, and fettled themfelves to live at Berkeley Caftle, or elce where in the County of Gloucefter, as all his noble and worthy Anceftors hitherto have done, (his degenerating grandfather in part excepted,) hee will have no better courfe then to advance his demefne lands to an improved rent payable quarterly, (as that Country fafhon is,) And rather to fupply his proviffions for wheat, oates, & Straw, by the Tithes of fome appropriate parfonage not farr from his abode, or by refervacon upon fuch leafes monthly or quarterly to be brought in, than to keep much tillage in his own hands, (the natures of hind fervants, bayleys of hufbandryes and other incidents confidered ;) And no more (at moft) of other grounds, then may fupply his proviffions of beefe and muttons : But for the plough, none gaineth there by but hee that layeth his eye or hand daily upon it ; And as Clownes get it, Clowns 1417 Hife of Chomajsf the f outth Clowns againe fpend it : Contrary arguments (for the ftate of that Country) are drawn, but out of the region of S* Thomas Moores Vtopia. 5Hjef for the days works which his Copihold tenants at each feafon of the year Comp. de Slim- according to the nature of hufbandry, did to him in each of his manors, in helping caffrock Berkeley to drefs, till and manure his demefne lands, after a proportionable rate for a yard 9. R. 2. et divers: land, half yard land, and farrundell, they alfo were turned into money and made as 1J' pcell of the old Copihold rents, In which condition they continue to this day now undiftinguifhable ; As alfo were his rent hens, eggs, and maft money. 3Hn& (to the praife of this lords hufbandry) for foe much as hee kept in hand, none was more profitably hufbanded by any of his Anceftors | fervants, which foe 454 frugally was accompted for, As in the time of Henry the fifth (when his eftate was £°Mge e^Hurfl at the higheft, and hee in old age) they accompted not only for the broken wooll, 2. 3. et4. H. 5. but for the taggs and locks arifinge at the belting1 of his fheep in the folds. m ca ro pre (for the proviffion of his own table, this lord had yearly divers oxen fatted at comp:deSimonds- all temp. R. 2. in caftro de Berkeley. Simondfall cum avenis in garbis with oates in the ftraw, which manner of feeding I have not formerly obferved in the dayes of any of his Anceftors, neither do I well conceive the reafon thereof: Hee having fo rich and fweet feeding grounds for grafs and hay in places more neare unto his caftle where his abode then was ; And henceforth I bid (in effect) farwell to this harmleffe trade and title of Hufbandry which hath on its fide above all trades, better warranty, a fairer name, a more virgin fame and all feniority. ^i0 forrcn imptopmcntg. 3fn tfje 48* year of the raigne of Edward the third in the 22* of his age hee franc: 48. E. 3. went to the warres in ffrance in comitiva Edmundi de mortuo mari Comitis Marchie, At what time went alfo with him many of the principall gentlemen his neighbours. 3CnB being returned from thofe warrs, this lord and Hugh Earle Stafford are franc: 49. E. 3. authorized to array all men at Armes in the County of Gloucefter between fixteen and threefcore, And to erect Becons (beknes) to give tokens by fire from thefe hills, of the enemies landings &c. ^fn the firft and fecond years of "Richard the fecond, this lord was imployed Rot. franc. 2. R. both by fea and land in the warrs that then were hott both againft ffrance and compde Ham Spaine. 0[n *• 2- R- *• 1 To belt is to fhear the buttocks and tails of the .fheep. 8 Che Hitoeg of the g&erftelepg 1368 Rot. franc. 4. R. 2. m: 14. 15. et 16. 455 eode dorfo. 3fn the 4'.h of Richard the fecond, this lord was fent into Brittaine againft the French with a regiment of men at Armes and Archers, whom his third brother S? John Berkeley accompanies : And upon the 30* of March the king commands all his officers to provide lodging, victualls, and carriage, for them and their Armes : And for the good fuccefs of this Army | (over which the Earle of Buckingham the kings unckle, after Duke of Gloucefter, went generall,) were publicke prayers com manded to bee made, for that (faith the record) the French making fhew of peace under colour of treaties, with great fubtilty had deceived the king. claus : 8. R. 2 . dorfo. pat : 8. R. 2. p! 2. in dorfo : 3[n July in the 8* year of his raigne, this lord went with the king againft the Scots, after hee had all the former part of that year been travelled in muftering and Arming of foldiers, to withftand the invafion of the ffrench, intending a deftruction of the kingdome, as the records are. comp : de Slim bridge "9. R. 2. How : et at : froifard : %Xl the 9* year of Richard the fecond, this lord Thomas with a great troup of his fervants and tenants went with the king into Scotland, who, faith the hiftories of thofe times, ledd an Army, than which there hath not been feene a fairer, ftronger or greater, which harroweth over that Country, And foe returned. comp : de Slim- Che next year the king cometh to Berkeley Caftle, whom this lord royally bridge et aj= x°- entertained, As by the Accompts of the Reeves of his manors in that hundred may Berkeley, bee collected, from whence hee drew a great part of his proviffions what time the How : et at. wholl kingdome was in preparation to withftand the invafion of the French, then ready to have invaded the land ; if wind had ferved for his tranfportation between the firft of Auguft and the laft of November. Rot. franc: 16. R. 2. m : 10. bis. 3[n the 16^ year of the kings raigne, this lord went beyond feas into ffrance and other Countryes, And upon his departure in September had the kings licence to take fhip at Dover, Orwell, or Leiftoft, as hee fhould choofe with fifteen fervants and fo many horfes and their Armes„ and with one thoufand markes in money in exchange for his and their expences beyond feas : This was no martiall expedition, but occafioned as it may feeme upon greefe conceived by the death of his wife, or to avoid the danger of Court ftormes, which then began to bluffer with an hollow wind. Hollinges:fo:498. 3@htl£t King Richard the fecond in the laft of his raigne was in Ireland re- 504. 505. et a . vengmge the murder of Roger Mortimer Earle of March and Ulfter, comitted by the Hi 7 Hife of Chomag the fourth 9 the Irifh, Henry Duke of Lancafter returneth from his banifhment into England, (whom this lord Thomas too much favoured,) And fhortly after his arrivall cometh to Berkeley, in the church whereof and in the Caftle of Berkeley upon the funday after S- James's day was held that famous affembly betweene the Duke and Edmond Anno. 1399. of Langly Duke of Yorke the kings unckle, Earle alfo of Cambridge, This lord 23" Thomas and many other the great peeres of the Land, which fhortly after coft kinge | Richard his Crowne, which was fet upon the head of the faid Duke of 456 Lancafter : In which affembly how the affections and Counfell of this lord Thomas fwayed, his prefent imployments declared, for within a fewe days after, hee made himfelf a fpetiall witnes at fflint Caftle of king Richards promife to renounce the Crowne ; And on Michaelmas day following teftified the fame in the Tower of Walfingham, London before king Richard, who then there fubfcribed the fame to bee true : And the morrow after when by the three eftates of the land, affembled in parliament, A Bifhop, An Abbot, an Earle, a Baron, a Judge, and a knight, were out of that reprefentative body chofen, to take, publifh and pronounce the kings actuall refig nacon of his Crown and kingdome, and accordingly to depofe him, This lord Thomas was the 25aron in that waighty and dangerous imployment, having till that time infeparably accompany ed the Duke of Lancafter in purfuit of King Richard fince his departure from Berkeley. Che 31'!" of July in the third year of Henry the fourth the king fends to this claus : 3- H. 4. lord to meet him at Hereford, the 27* of Auguft next, thence to goe with him againft his malitious enemies Owen Glendourdy whom with his complices hee purpofeth utterly to overthrow. > 3[n July in the 4* year of Henry the fourth, the king ordained this lord one of Rot. voiag. a. 1. the guardians for fafe keeping the Marches of Wales againft the incurfions of Owen * ' "" 4' m' Glendourdy and other rebells : And commanded the Sherifes of fix Counties to bee pat. 5. H. 4. ps. attendant to him as need fhould require. 1. m. 8. Che 22* of March in the fifth* year of his raigne, the kinge made this lord claus: 5- H- 4- Thomas Admirall of his fleet of fhips from the mouth of Thames weft and fouth- eode par's. 2. ward, with power alfo over his fubjects in the Counties of Devon, Cornwall, Somerfet, and Dorfet, who are to bee attendant ovt his directions : And himfelfe to bee at Sandwich by the ninth of Aprill following. 3fin0 a lirle before was hee chofen and fworn one of the kings privy Counfell in open parliament, where I con- Rot. parliam. 5, ceive alfo hee was chofen Admirall. mno C VOL. II 10 Che Hioeg of the V&zzMzp$ 1368 carta in caftro de Berkeley. 457 claus : 5. H. 4. pars. 1. m: 29. eode : dorfo. m. 4. 5. 6. et. 7. 3GnD by Indenture dated the firft of May in this fifth of Henry ye fourth It was agreed between the king and this lord, That for fafe .guard of the Realme hee fhould for one quarter of the year have with him upon the fea, 300 men of Armes whereof five to bee Banets himfelfe | accompted, eleaven knights, 285 . Efquires, which fhould bee of his own retinue : And to have further in his voyage . 600 . Archers, and feaven fhipps feaven barges and feaven ballingers double manned with mariners ; And with thefe to bee at Southampton the 1 2'i1 of that month : And the king to have the fourth part of all gaine got at fea from the enemies, And this lord and his company the other three parts. 2£>ut if any great cheiftaine was taken, hee to remaine to the king, yet to bee recompenfed reafonably for him ; And further that this lord fhould continue on the fea with his company till Michaelmas, if the'i king gives him a monthes warning before the three months bee out ; Howbeit hee kept the fea till December following, And the 24'!1 of that month the king comands him to goe to Plymouth where hee then was with fome of his fhips, to Burdeaux for fome fervice there to bee attempted : And for the better furnifhing of this voyage, fold his manor of great Wenden in Effex. comp. rec: 5. H. 4. in caftro de Berk. Rot. voiag. a. 1. ad n. H. 4. m : 18. 19 in arce London. 3[n the fame 5* year of Henry the fourth upon the tumults raifed by Owen Glendour and his partakers in Wales, this lord was fent thither with a great power for the appeafing thereof, which for that time hee did, wherein hee fpent the later part of the yeare; what time the king made him keeper of his Caftle of Brecknock, And then alfo gave him a Comiffion to take up fix barges in the Counties of Briftoll, Somerfet and Glouc, and fo many mariners as fhould fuffice for them to goe to fea #vith them at the kings wages, with all diligence, which hee did. Walfingh Hollingfh:fol:S3i Che ffrench were enemies to the Englifh, And the more to endamage the king of England in the 6th of his raigne came with a Navy of one hundred and forty tall fhips to ayd Owen Glendour then alfo in Arms againft the king, and his moft How, fol. 333 dangerous enemy: Thefe, this lord and Henry Pay a Captaine under him, valliantly fet upon neere Millford haven, where they intended to have landed, And after longe fight burned fifteen of their fhips, and tooke 14. others fluffed with men, munition, and victualls, And foe returned with honor and profit. Walfmgham SUniJ at another time this lord and Pay, and Thomas Swynburne (one of his domeftick knights) tooke fourteene other French fhipps as they failed towards Wales to the fouccor of, the faid Owen Glendour, wherein the Senefchall of ffrance and divers Captaines of note were taken prifoners. 3lno 1417 ttife of Chomag the fourth ii 3fiub in the fixth year the 28* of October the king writes to his Collectors of claus- 6- H- 4- the Tenth of the Clergy granted at the laft parliament in the province | of Canter- ^e'g bury in the Arch deaconryes of Exon, Totton, ' and Barnftable, declaring that whereas the lord Berkeley his Admirall hath lent him one thoufand pounds towards his warres by fea, That ^iey do repay him out of the firft moneys of the fubfidy of thofe Counties of Devon, Cornwall,, and Dorfet,. And for default thereof out of the faid Tenth of the Clergy, And it fhould bee allowed them upon their accompt. 3fintl the 15^ of July in the faid 6* year, the king authorizeth this lord alone Pat: 6. H. 4. m. 15. to mufter and Arme all the able men in the Counties of Glouc, Briftoll, and Somer fet, to withftand the in-curfions of the Welfh. And willeth him if need fhould fo require whilft hee fhould bee in his fervice in. the North, That then hee make Wittm Beauchamp lord of Abergavenny his Leivtenant in South Wales to execute his directions. 3fi.nb in the 7* year of Henry the fourth, hee was the generall commander and Rot. voiag. a. 1. Ingeneer in the Timber works ufed in the Welfh warrs, for the feige and debella- j^"^1' ,4'm'9, tion of the Caftle of Lampadervar in Wales, held by the kings enemies. 3fn March in the third of Henry the fifth this lord was required with his fon pat; 3: H. 5. pars. in lawe the Earle of Warwicke to mufter and trayne men in the Counties of Glouc: Somerfet and Briftoll ; And in June following by a fecond cSmand, to defend with eode pars. 2. dorfo. them the borders of Wales, and to refill the welfh, wherein that fomer was fpent. <©f this lord, Michaell Drayton in his defcriptibn of the battle of Agencourt fought againft the wholl power of the ffrench in the year. 141 5 . in two flanzaes hath thus : Berkeley and Burnell two brave Englifh lords, fflefht with ffrench bloud and in their valors pride, Above their Armed heads, brandifhing their fwords As they tryumphing through the Army ride, Finding what prizes fortune her affords To every Soldier, and moft wiftly eyde • A gallant prifoner by his Arminge, fee, Of the great Bourbon family to bee. | And from the foldier they this prifoner take,. Of which the ffrench lord feemeth wondrous faine, Lewis Duke of Bourbon taken prifoner by a mean, foldier and after flab'd by him. 459 c 2 *v Thereby 12 Che Hibeg of the 2&erMep£ 1368 comp. temp. R. 2. manor de Slim bridge, Ham, Cowley et divers. al. in caftro de Berkeley. Comp. de Hurft 6. R. 2. in caftro prdi 3fU tne 22^ °f Richard the fecond hee purchafed of S? Thomas Arthur knight carta in caftro divers meffuages and Tenements in Wefton in Gordano in the County of Somerfet, inlarging thereby his antient manor of Portbury. Che H Che Hibes* of the 2&erMeng 1368 carta in caftro de Berkeley. Che fame year hee purchafed of Thomas Norton, an antient meffuage called Whelpfplace, and divers other lands in Wraxell in the faid County whereby hee further inlarged his faid manor of Portbury. cartse in caftro Che fame year hee purchafed of Al'maricus de Sancto Amando, the manors of Southcerny and Cerniwike in the County of Glouc' cart : 2. H. 4. ps. 2. m : 1. pat : 1. H. 5. pars. 1. m : 11. Che 24* of Auguft in the fecond of Henry the fourth hee purchafed of the king free warren in his manors of Walton, Wefton Portfhead and Charelton in the County of Somerfet, which alfo in the firft of Henry the .fifth were by that king confirmed unto him : As alfo then was the grant of free warren made to his Anceftor Maurice the fecond in the 8* of Edward the firft, As in his life is expreffed. carta in caftro de Berkeley. 3Itt the 12* of Henry the fourth hee purchafed divers lands and tenements at Wixtowe near the woods end of Hill ; and two groves there called cat grove and See before hanginge grove, for1 the inlarging of Newparke, part whereof his grandfather the L324j ionj Thomas the third, before in the 33* of Edward the third, got in. fin. in banco Term Micfiis. 12. H. 4. Che fame year hee purchafed of Robert Stanfhawe and Ifable his wife a meffuage and fixteen acres of land in Bradley near Wotton under edge. carta in caftro ^[n the 1 3* of Henry the fourth hee purchafed the manor of Wike in Wilt- e ey. ^jre q£. gr ¦^/•jujam Efturmy knight. carta in caftr. de Berk : finis. 13. H. 4. in banco. 462 carta in caftro de Berk : claus: 13.H. 4. m. 17. et. 18. dorfo. Che fame year hee purchafed a meffuage and divers lands in Horton and Yate of Robert Stanfhawe and Ifable his wife aforefaid. | Che fame year hee purchafed the Advowfon of the Church of Portefhead in Gordon, and goreacre, of Reginald Hall in the County of Som? now the inheritance of the mayor and Cominalty of Briftoll ; And alfo at the fame time the Advowfon of Walton in the faid County. finis in banc : 3fn the fame year hee purchafed the Advowfon or foundacon of the Abby of antiently4caned Kingfwood, otherwife called the Abby of Myryford by Wotton under edge, of the s^fiJi' Ciftertian order, of Richard Chedder and Elizabeth his wife, daughter and heir of Robert Cantelo, fon of Robert and Maud his wife, fifter and heir of S1: NicholasBerkeley See fol. t4i 7 tltfe of Chomag the fourth 15 Berkeley lord of Durfley ; (In which Nicholas failed that antient Saxon name of Berkeley of Durfley,) as formerly hath been faid in the life of Robert the firft. %n the 14th year of the.fjtid king hee purchafed of John More and Margery carta in caftro de his wife, daughter and heire of .Reginald Walleis, a meffuage and carucate of land,- and divers other lands, wood, and cheife rents, in Wike, Berkeley, Hame, and Alkington. -*. %tl the firft year of Henry the fifth this lord purchafed of Julian Banifter the carta in caftro de moytie of the manor of Nethercote in Wiltfhire for her life, And the fee thereof chart : fo^o. of Trevilines and Alet. ; . Che fame year hee purchafed divers fair lands and tenements in Eftpike in the carta in caftr0 de Tything of Tetcote in Devonfhjre. , , Che fame year hee obtained a confirmation from the king of free warren fin : 1 H. 5. ps. 2. throughout all Berkeley herneffe, and in Portbury in the County of Somerfet # 3fn the fecond of Henry the fifth hee purchafed of John. Ap-Adani<* and carta in caftro de Margaret his wife, the manor and lordfhipp of Sherncote in Wiltfhire. , : * 11 '¦¦ * chart, fo. 399. ¦ v » 3fn the third of Henry the fifth hee purchafed by fine the manor of Tykenham finis in banco. 3. in the County of Somerfet, of Sf Thomas fitz Nicholl knight, a difcendaht from' y'^' the lord Robert the firft, as formerly I have written in his life. ¦'* - - ^ , .»' Efcaet. s.-^H. 5. 3Gnb to eafe my pen, If this family caft an eye into the feverall Inquifitions"* Thom^ ^ found after the death of this lord in the fifth of Henry | the fifth, and into, the 463 Inquifition in the 17* of Henry the 6* And into a quae plura the fecond jrear aflei^ all found after the death of Richard Beauchamp Earle of Warwicke, who nad# H.C6?1n arce * married this lords only daughter and heire, they fhall' find nigh fowerfcore jotfier London, ^, purchafes made by this lord of houfes and lands in the City of Glouc: Berkeley, ^.* '^ Wotton, Awre, Arlingham, and other places in the County of Gloucefter; 3finb in.,>?"* Portbury, Bedminfter and other places in the County of Somerfet; 5finb in Gfiick- ^ Carta ir^ caftro de lade and other places in the County of Wilts ; none of w* are formerly mentioned ; */ * •*. (of all which the faid lord made a feoffment to Walter Poole on midfomer day" ;„ / before hee dyed, not declaring to what ufe ;) 2finb if this family will looke further AV 5* J%. into a heap of little deeds themfelves remaining in Berkeley Caftle, and into certaine rolls or abftracts of many other deeds in Berkeley Caftle alfo,, (whofe originalls are perifhed,) they fhall find above five hundred other fmall purchafes more, by this lord + 16 Che £ibe0 of the SSerMeug 1368 lord and by his father and grandfather, (fome of leffe then an acre,) of free hold lands that lay intermingled with their demefnes and the Copiholds of their tenants, none of which are formerly quoted by mee ; which gave this lord, (as they did them,) the means to inclofe the Worthy or Caftle parke, and to make a parke of it, as this lord' firft did, And to reduce many other faire inclofures into feveralty ; And no one endeavour was greater with this lord and them, thofe two precedent Anceftors, then to huy out as many of fuch freeholds as would bee fold, the maine obftacles to their inclofures improvements and conversions, and to the beauty and inriching of their barony. 2£>Ut infteed of this title of purchafesy. I fhall in the lives of thofe lords that follow, have faLes of manors, without rebuyings ; And infteed of hufbandry I fhall ,.,' * have fwarmes of law fuites without gaine or recoverings, And the like a cleane contrary way, as after followeth. claus : 5. H. 4. 5finb for the faies of this lord Thomas, hee fold only, (for ought I find,) the pars. 1. dorftf : manor of great Wenden in Effex, in the fifth of king Henry the 4^ to Wittm Loveny ; which was done to furnifh himfelf to fea, then made lord Admirall, the king wanting money to fet out his fleet, which this lord in part thus fupplyed ; And , the1, rather becaufe hee was caft into that office by the appointment of the parlia- . ment, as already is touched. | 464 $i$ gutter in latoe. Trim. 16. R. 2. 3fa the i6tH year of Richard the fecond, hee was queftioned in the Exchequer cum'rerrithefau^0 ^or a ^-e^eefe f°r thofe manors and lands which the lady Katharine his grandfathers Baronia fecond wife held of his inheritance in the Counties of Gloucefter and Somerfet, (there named,) eftimated to a third part of his lordfhipp of Berkeley, fhee dead then feaven years paft ; And which were holden of the king in Capite by five knights fees, faith the record ; In avoydance of which demand, hee pleadeth that no releefe was due, for that hee was in ward to king Edward the third after the death of his father, afwell for the revercon of thofe manors and lands held by the faid Katharine, as for his other manors and lands difcended upon him in poffeffion. whereof the faid king by his then Efcheator was anfwered the profits ; As of the Caftle and Town of Berkeley with the members thereof, as Hame, Alkington, Appleridge, Hinton, Slimbridge, with the Advowfon thereof, Cowley, Upton S? Leonards, and two parts of the hundred of Berkeley ; 3finb further fet out That to the lady Eliza beth his mother, was then affigned for her dower after his fathers death, the manors of 141 7 ftife of Choma£ the fourth 17 of Cowley, Upton S' Leonards, and Awre, as the third part of two parts of his fathers lands : And further averreth that Warren de Infula (his wives father,) had the profits of the faid two parts of his fathers lands, by the kings grant made to him the firft of October in the 421!1 of Edward the third, during his minority ; And from his fathers death till that grant, the kinge himfelf by his faid Efcheator was anfwered the profits, as in his Accompt appeareth : which longe proces was con tinued upon the roll, till the 1 1* of Henry the fourth, And then was this lord over ruled to pay . 6" I5f for a releefe for thofe manors, which the faid lady Katharine Baronia held in dower, as the tenth part of the barony of Berkeley. Che fame year arofe another Exchequer buifines more full of trouble, about l6- R- 2- the hofpitall of S! Katharines in this lords manor of Bedminfter, whereof his Anceftor Robert the fecond was founder as in his life appears ; wherein the maine queftion was, whether the faid hofpitall, and the Chantry founded in the Chappie there were one and the fame or not ; which was by Jury found foe to bee, And fo avoided the charge | of the record ; which tooke begininge from an injurious In- 465 quificon found before the Efcheator of that County of Somerfet. %Xi the ninth of Richard the fecond, the faid Lady Katharine his grandfathers ftn : 9- &¦ 2- m- 4- fecond wife being then dead, this lord fued livery for fuch lands as fhee held for her life of his inheritance in the Counties of Gloucefter and Somerfet, And for twenty fhillings hath his homage refpited.. 3|n the 13'!' of Richard the fecond, the lady Elizabeth his mother dying, this claus: 13. R. 2. lord entred upon the lands which fhee held in Joynture and dower, As the manors p of Cowley, Upton S! Leonards and Awre, with Etlowe and Blakeney and the hun dred of Blediflowe, and one meffuage and yard land in Saintly, And the manor of Hurft, and twenty and two marks rent in fframpton, And — 121)- 12? rent in Came; And upon great Wenden in Effex, and upon two parts of the manor of Portbury, And three meffuages and two yard land and one dove' houfe in Portefhned, Crifton and Uphill, with the Advowfon of Brene, And ten pounds rent out of the lands of the lord Zuch in Bridgwater, And upon the I fie of Stepholmes, in the County of Somerfet ; And a meffuage and threefcore acres and ten fhillings rent in Chicklade in Wiltfhire. %tl the 11th of Henry the fourth, this lord Thomas brought his Affize of Rec : exemp : in. novell diffeifin againft Wittm Teft and two others of Frampton upon Seaverne for callr0 de Berk : fix D VOL. II 1 8 Che Hibeg of the 2&erftefepg 1 368 fix hundred acres of land in Slimbridge, wherein upoh a Tryall before Judge Hulls at Gloucefter Affizes hee recovered^his feifin,' and five pound's for damages: This vide fol : was of Slimbridge Warth, which his heir male the 'lord James in the fifteenth of Henry the Sixth exemplified, when further fuite was about that warth. | 466 $$i$ %Mmz$ anb bcuotiona. Bulla papal : tub 3f>0Jje Vrban the fixth in the fecond year of his popedome, the 9* of July in the caftro de Berkeley! f°urth of Richard the fecond. Anno : 1380, by his Epifcopall bull gave leave to this lord Thomas and to the lady Margaret his wife to chufe for their confeffor fuch a fit and difcreet prieft as they pleafed, to heare their confeffions, give them abfolu- tion of their fins, and to enjoyne them whqjfome penance, unles it bee in thofe cafes, wherein the Apoftolike fea is firft to bee confulted with : Affuring all men that infringe this his holines grant, that they incurre the indignation of Allmighty God and of the bleffed Apoftles Peter and Paul. 5Hnb the fame day and year by his other bull, granted to this lord Thomas and Margaret his wife to have a portable altar, whereat either by their own prieft or any other they might fay maffe and other divine fervice in their own prefence. t 3finb the fame day and year by his third bull granted that the Confeffor which either of them the lord Thomas and Margaret fhould choofe, fhould have from the Apoftolike authority by vertue thereof, full power to give them full remiffion.- of all their fins, for which they were contrite in hart and which they had confeffed with their mouthes once only in the inftant of their deaths, they then perfifting in fin- cerity of faith, and in the unity of the holy Roman Church, and in the obediance : anddevotion of his holines or of his fucceffors canonically entringe into that chaire : yet foe that what their confeffor fhould enjoyne them, bee by them' performed if they live, or by their heir if they dye ; And foe that for this grace obtained they bee not made more prone, (which God forbid,) to unlawfull things, which, if upon confidence of this remiffion of their fins, they doe the rather comit, That fhen as to thofe fins the forefaid remiffion fhall not extend. 3finb hereupon I may by a pardonable digreffion fay, That at this time the Schifme in the papacy continued, Clement the feaventh was now alfo pope and held ? his fee at Avignion in France; And was, (as many hiftories iri^ thofe and thefe /J times report,) generally acknowledged for lawfull pope by the ffrench, Spaniards and 467'! Englifh ; Howbeit it | feemeth the perticuler affection of this .lord and his wife went ' { after Vrban, or els graces were of him obtained at an eafier price than of Clement. m 14 x 7 • ttife of Chomag the fourth 19 <©f which Vrban it ' is thus written, That he was the . 204* Bifhop of Rome, chofen pope in the year — 1378. A Neopolitan, Arch -bifhop of Bari and no Cardi nal^ created pope a^the purfuite of the Romans, hee being abfent : That hee was a cunninge, feditious, and revengefull man, not feeking the peace of Chriftendome, as his duty required, but ftriving to revenge the injuries which his Cardinalls and Jone Queen of Cicely had don's- unto him ; which was the caufe of the 26th-fchifme: And haveing* caufed five Cardinalls to bee drowned hee dyed, having held his See eleaven years fix months and five days, And that hee celebrated the third Jubile. 3ft feems this lord Thomas relyed muth on this grace from pope Vrban, for I vlt. voluntas in find not any one a!ct of devotion which hee performed to any monaftery Chantry cantuar^3* or order of religion, nor ought elfe which was done for his wives foule after her death, As by all their Anceftors had been accuftomed for their predeceffors, untill I come to this lords will made the fecond of ffebruary in the year . 141 5 . in the third year of Henry the 5* which was one year fower months and eleaven days before hee dyed. "And thereby hee gave to the mother church of Worcefter fourty fhill ings, To the church of Berkeley fourty fhillings and one greene pair of veftments with all . their furniture ; And to the Church of Wotton five pound, And to the Church of Slimbridge fourty fhillings, And to the Church of Cowley fourty fhillings, And to the Church where his body fhould bee buried his beft pair of veftments with all their furniture, and twenty pound in money, and one gilt croffe with all the relikes inclofed in the fame, with all his beft gilt cruetts, And alfo one white paire of veftments with all their furniture, And alfo the beft pair of his black Veftments, and his beft miffale with a good Chalice ; And to the Chappie within Berkeley Caftle one pair of fatten veftments, one miffale, two Chalices and one pair of cruets; And to the fifters of Mary Magdalens hofpitall by Briftoll, one pfalter with a gloffe, and the legends of Saints in Englifh, one paire of veftments one Chalice and five pound in money. And to the Church of Kingfwood his beft collar of the kings livery, his paire of gilt veftments wrought with white.. Angells ; And to the Church of Portbury one pair of veftm'5, | one pfalter, one porter, and fourty fhillings. And 468 to every of his houfhold chaplens ten markes to pray for his foule one year after his death ; 3fiub all his goods whatfoever not by his will difpofed hee appointed fhould by his Executors bee diftributed for the health of his foule and of the foule of the lady Margaret his wife ; And to a knight to goe to the holy land when any goinge fhould bee, one hundred pound, which fum was heretofore devifed by his Anceftors, faith the will. d 2 $i* 20 ^tjz 3ttbe£ of the &ztMep$ 1368 ^& rctoarb^ to gerbantgf. magn: chart. Chtg lord TJiomas in the 7* of king Richard the fecond gave to Walter Dyar de Berkel : f°r his n^e' an Anuity of fourty fhillings by the year out of Charelton in Wiltfhire in recompence of his fervice. carta in caftro de Berkeley. carta in caftro prdic~t. 3[n the 1 3'? of the faid [King] hee gave to Thomas Rig, all his lands and Tenements in Chicklade for his life, in recompence of his fervice. 3fn the twentieth of the faid king hee granted to Wittm Cauleigh one of his Efquires, for his life, in recompence for his fervice, a meffuage mill and lands in Woodford, and a meffuage in Church lane in Berkeley. carta in caftro de 3|U tne 21* of the faid kinge hee gave to John Banbury his manor of Upton er e ey . gt Leonards by Glouc : for his life, in recompence of his fervice, whereof the old rent then was ten markes. carta in caftro Che fame year hee gave to John Harsfeild a meffuage and divers lands and pr l ' Tenements in Bradley and Wike Dangerfeild for his life in recompence of his fervice. 469 3fh the 2 2'!1 of the faid king, hee gave to John Dyar for his own life | and of his carta in ca _ r^: wjfe an(j daughter, a meffuage in Berkeley and divers lands in Hame and Alkington. carta in caftro de Che fame year hee gave to John Copiner for his life in recompence of his y' fervice, divers lands and Tenements in Durfley. carta in caftro de Berkeley. 3fn the firft year of king Henry the fourth, this lord gave to John Winter and to Elizabeth his wife in recompence of his fervice, divers houfes in Berkeley, and divers lands in Hame and in Came, And in the tenth of the faid king did the] like for Alice his fecond wife. carta in caftro de Che fame firft year of Henry the fourth hee gave to Thomas Browne and Berkeley. jfabie his wife, a meffuage and yard land in Clapton in Hame for their lives in recompence of his fervice : And in the tenth of the faid king did the like for Mawd his fecond wife. And the 1 3* yeare rewarded him as bountifully and made him keeper of Whitcliffe park. carta in caftro de 'Che fame firft year of Henry the fourth, hee gave to Phillip Waterton and Berkeley, cicely his wife for their lives in recompence of their fervices, all the lands and tene ments Hi 7 SXife of Chomag the fourth 21 ments within the lordfhip of Berkeley which late were of Robert Poyntz. 3llnb in the firft year of king Henry the fifth, gave to them and the heirs which hee fhould beget on her body, eight feverall Tenements and divers lands in Berkeley, Hame, Hinton. and Alkington, Rendringe unto him and his heires the rents and fervices of old due and accuftomed ; which entayle yet continueth, And whereof I fhall fpeak after in the iffue of Thomas Berkeley fon of the faid James the firft of that name. 9fn the fame firft of Henry the fourth, this lord gave to Robert Herblinge and carta in caftro de Alice his wife for their lives in recompence of his fervice, five houfes in Wotton, er e ey- and divers lands in his manor of Wotton Forren. 3fn the third of the fame king hee gave to John Chinham for his life and Jone carta in caftro de his wife, in recompence of his fervice, a meffuage and divers lands, in Chepinge lane in Wotton. cartaincaftr.p'jdicT: 5fn the 11* of Henry the fourth hee gave to Wittm More and Edith his] wife, 470 in recompence of his fervice, two houfes and fix fhops in Glouc : for their lives. Sffiout the fame time hee gave his litle manor of Wike neere Rodlyes weare Comp: ballivi de by Arlingham, to Richard Ecton and Alice his wife for their lives without rent, who et°f°nH ¦ g fc "' longe enjoyed the fame. 5finb about the fame time hee gave Bayes place in Horwood to Nicholas comp. prdi<5t. Alderly for his life. 3fn the firft year of Henry the fifth, this lord gave to Robert Shottefbroke magn : charta. one of his Efquires in recompence of his fervice, for his life fourteen pounds by the °: 2?9' year, out of his manor of Ordefton in Barkfhire. ^fn the fecond year of the fame kinge, hee gave to Nicholas Alderly for his carta in caftro de life in recompence of his fervice, all his lands in Horton & Yate called Bayes. Berkeley. 3fn the fame year hee gave to Phillip Chamberlen for his life in recompence carta in caftro de of his fervice, a meffuage in Wotton, and divers lands in Wotton fforren. ' 3fn the 5* year of the faid king (three months before his death) hee gave to carta in caftro de John Plomer and Jone his wife for their lives in recompence of her fervice, a Ber e ey- houfe in Wotton, with liberty to buy and fell tollfree within the faid Burrow. 2&P 22 Che flibejS of the 25etftefep£ 1368 In cur : prerogat. jgp his will hee gave to Robert Knollis Citizen of London, his Inne called. Berkeleys Inne at Baynards Caftle in London. Co every gentleman in his houfe by his faid will hee gave — 100s. Co every yeoman and groome, (valettus et garcio) in his houfe by his faid will, hee gave forty fhillings. Co every of his fower Executors (being fower of his fervants) hee gave twenty pounds. \\ IBhat more I have not obferved. | 471 $i$ mt£cettaine£ or toanou£ gaggajjejS not antln to hee rebuceb unber the former titled. fo : [401] <©f the learned labours of John Trevifa vicar of Berkeley Chaplen to this lord, Bale in cent. 7. as aif0 to hjs father and grandfather, I have formerly, written ; who concludinge one Hollingfhed other of his tranflations of Bartholomeus de proprietatibus rerum, which hee dedi cated to this lord Thomas, in the end thereof hath thus : Endles grace, bliffe and Trevifa. man thankinge to our lord God alweldinge, thefe tranflations ended at Berkeley the fixth Cm Berk: day °f February the year of our lord 1398 . the year of king Richard the fecond after the conqueft of England the 22* The year of my lords age Sf Thomas lord of Berkeley that made mee to make this tranflation, the 47* Reg: Wigorn. Chi£ Trevifa dyed the 13'!1 year of king Henry the fourth, whom John Bone- John fucceeded in that vicarage, whom this lord made one of his Executors ; And proved a falfe preift to the heir male of his faid lord as after I fhall touch. pat. n: R. 2. ps. 1. m: 16. 0fn the 1 1* of Richard the fecond, this lord and his cozen S' John Berkeley of Beverfton with others, were indited before the Juftices of the forreft of Dean, for unlawfull killing of fome of the kings deere there, for which they now obtained their pardons. 3Hmona;£t the wills of the dead, I find that in the 8* year of king Richard the fecond, one Margery Legat of Wotton widowe gave to this lord for a legacy, a braffe morter and an Iron peftle ; And to the lady Margaret his wife a ringe of fine gold, And to Elizabeth their daughter an other gold ringe, And to the -lady Katharine de Berkeley an other gold ringe, making this lord Supervifor of her faid will. tEhen 1417 Eife of Chomag the fourth 23 H&hen in the tenth of Richard the fecond, the kings purveior came to purvey comp. de Wotton in the manor of Wotton, hee gave him fecretly — 3L 4! and his man . 4! to fpeak de Berkeley.03 * a good word to his mafter, (faith the Accompt,) And for their freindfhip bellowed more on them in wine — 12? | 3ftt the Twentieth of Richard the fecond, Ivo fitz Waryn knight made this 472 lord his Atturney to govern for him his manor of fframpton upon Seaverne. B^rkeley?^0 dC 9fn the third of Henry the fourth "the king awarded his fpetiall Comiffion to pat. 3 ^ H. 4. pars. this lord Thomas to punifh divers mallefactors in the County of Glouc. 2. dorfo : 3fn the fourth of that king this lord bought of Henry Talbot 24 Scottifh comp. recept. in prifoners, taken by him upon the land by the feafide, in way of warre, as the kings enemies. 5fn the fixth of Henry the fourth this lord obtained of the kinge to have a cart: 6. et. 7. H.4. market each Wednefday and three fairs each year in his wives manor of Penfans m' I- in Cornwall. 3fn the eleavenm of Henry the fourth the king writes to this lord Thomas, claus: n. H. 4. That whereas hee had by his tres patents in the 8'? of his raign granted for ten m- 34- et in dorfo. years, liberty to the Marchants of Jenoa with their carracks to bring into England any their wares and there to fell them, And to carry out into fflanders and other parts cloth and wooll from England paying the cuftoms due and doinge noe damage; That hee is given to underftand That divers of this lords men and fervants in-a fhipp of his failing towards Burdeaux, have violently fet upon one of the carraks called the S' Mary and S? Bridget loaden with wines and other marchandize to the valewe of Ten thoufand pounds, as fhee was failing towards. London, And have carry ed that fhipp to Millford haven, and taken away their wines and other mar chandize, And therefore jrequires this lord either prefently to caufe restitution to bee made, or himfelf Jo come and anfwer the fame before his privy Counfell forthwith. Che fequell whereof was, That the fervants of this lord, ST John Greyndore and others of Briftoll. did the wronge, who made reftitution for part, but went away with a great part of the reft .of the Jenoa goods. # * %Xi the 8'? of Henry the fourth, this lord was one of thofe lords, who by his feal of Armes in parliament tlaat year confirmed the Crown to | that king and 473 entayled the fucceffion upon his* iffue, to the utter abolitoon of the houfe of Yorke. ., ' " . '* - Jfchen* Rot. parliam. 8. H. 4. pat : 8. H. 4. ps. 1. m. 4. 24 Che Hibeg of the SBerMeng z368 3Bhen for the good fervice of the hufband this lord rewarded both hufband and wife with an eftate for their lives in fuch lands as hee beftowed upon them, as almoft ftill hee did ; hee ever reftrained by a provifoe in his deed, the fecond marriage of the wife, without his confent, if fhee furvived her hufband ; which out of a double refpect was a prudent courfe in him. Pat : 49. E. 3. ps. ^|j£ tenth of October in the 49^ of Edward the third, a Comiffion was awarded to this lord to enquire of divers conventicles in the County of Glouc : tending to. the difturbance of the government and peace of the Realme, requiring him as hee loved the king and his hon* and would avoid his greevous indignation, that hee would carefully looke into and punifh the fame. Pat. 51. E. 3. 3fin0 in the one and fiftieth of that king was a comiffion awarded to this lord and others to mufter and Arme all able men in the faid County to withftand the intended invafion of the ffrench. Pat: 5. R. 2. 2fln the fifth of Richard the fecond were three feverall Comiffions directed to Pat* 6? R? 2° tn^s l°rd and others to repreffe thofe mifcheevous perfons, who in hoftile manner pars. 2. m : 13. had taken and put to death the Arch-bifhop of Canterbury, lord Chancellor, and others, without any fault by them committed ; In which fervice this lord was im ployed into divers other Countyes. Rot. fin : 6. R. 2. ^jn the frxth year of the faid king, hee granted to this lord Thomas the cuftody of the manor of Lye neer Deerhurft which was the land of John fon of Wittm de Rodborrowe and then in the kings hands. fin: 8. R. 2. m. 16. Che 16* of December and 19* of January in the 8^ of Richard the fecond, the king comitted to this lord the government of the wholl County of Glouc. in a more ample and different manner then I have elfwhere obferved : %t this time the wholl kingdome feemes in Armes to withftand the French and Scotts. claus : 12. R. 2. ^jje 13* of ffebruary in the 12* of Richard the fecond, this lord was commanded to proclaime*the keeping of the kings peace at Wittenden and other places adjoyn- 474 ing according to the Statute of Northton, for | not doing whereof, proces went out againft him for that omiffion and contempt : But upon his oath taken in Chancery That hee received not the Comiffion nor heard thereof, the proces by the kings command doth ceafe : Howbeit this foe awaked him That within one month after hee 14*7 Hife of Chomaisf the fourth 25 hee fent divers both preifts and laymen to the comon Goale of Gloucefter; As their fupplicavits for their bayles, body for body, do declare. 3fn the 16* of Richard the fecond, one Ruyale and Otho late Clark of the fin- 16. R. 2. m. 3. peace certified falfly into the Chancery a record concerning this lord Thomas and pars. 1. m : 26. the king, fuppofed to bee before Judge Gaffey and his fellow Juftices of the peace ; for which unjuft fact, (in times fo dangerous,) this lord complaines ; And upon hear ing thereof Ruyale is fined one hundred markes, and Otho five markes, which either of them doe pay ; And foe obtaine their pardons, the one this year the other in the eighteenth, Chi£ lord Thomas was one of thofe that were on Michaelmas day fent to Richard the fecond then in the Tower of London from the parliament then in being to mind him of his promife made to the Arch-bifhop of Canterbury and the Earl of Northumberland for renouncing the Crowne, which hee now did, and fubfcribed it, and gave therein his oath alfo. Rot. parliament. 1. H. 4. n° 10. 3Hnb after at the fame parliament, this lord was the only procurator for the Rot- predict. Barons to declare to king Richard his deprivation by parliament ; And how none of the great eftates of the Realme nor Comons would for time forwards beare him faith, or doe to him obeifance as to their, kinge. 3finb in the name of Richard the fecond, did renounce from him his kingdome Rot. predict. to that parliament ; whereupon king Henry the fourth did claime it by title from n? 74- king Henry the third,. And foe by that parliament was chofen kinge. 3finb was one of thofe fpetiall lords in that parliament who gave advice and Rot- prasdidt. confent That Richard the king fhould bee fafely kept, and in fecret place where noe concourfe fhould bee to him, nor any of his frends or acquaintance admitted to him, And to bee continually guarded by fure and fufficient perfons. 5finb in the firft of Henry the fourth the king directed his Comiffion | to this lord to mufter Arme andtrayne all able men within the County of Glouc : The like the king did in the fourth year of his raigne. n°74. Pat. 1. H. 4. pars. 5. dorfo. 475 Pat. 4. H. 4. ps. 2.. dorfo. 2fiub in the third of that kings raigne this lord was one of thofe eleaven lords chofen out of the wholl ftate to fecure the payment of forty thoufand nobles, being franc : 3- H- 4- the m " 7' E VOL. II 26 Che Hibe0 of the 2&erMepg 1368 the mariage portion of Blanch the kings daughter, maryed to Lewis Earle palatine and of the Rene, and Duke of Bavaria, fon of Rupert king of the Romaines, allways Auguftus. Rot. pari: 5. H. 4. ^f the parliament holden the fifth of Henry the fourth, It is recited That for the good government of the Realme and remedy of many complaints, greevances and mifcheifes, fhewed to the king in that parliament, The king at the reverence of God, and at the great inftance and fpetiall requeft to him oftentimes made in this parliament by the Comons of his Realme, Hath for the eafe and comfort of all his Realme ordained fix Bifhops, one Duke, two Earles, fower Barons, and eight others claus : 5. H. 4. to bee of his grand and continual! Counfell : The firft of all the fower Barons is this ' \ ' ' lord : which being concluded upon in parliament by both houfes, was to him a 1. m : 18. fingular honor, and an affured teftimony to his pofterity, That this their Anceftor was an able and wife man, being at this time about the age of fifty yeares. $finO now alfo was this lord chofen Admirall by this parliament as before is written. pat : 7. H. 4. pars. 3filtb in tne 7* of Henry the fourth was this lord fpetially imployed in the 1. m . 1. (3ount;es Qf Q]oug an(J Hereford to borrowe moneys for the king and to give fecuri- .2. m: 13. ties for repayment; 3lnb in the 11* of Henry the 4* was imployed in the like borrowinge of money in the Counties of Warrwicke, Worcefter, Gloucefter, and Briftoll, to bee repaid out of ye fifteenth granted unto the kinge at the laft parlia ment then before. Rot. parliament. ^[ finb this lord prefent in perfon at moft parliaments holden beetween his full age and death : And at the parliaments holden in the firft, fourth, fixth, feaventh, ninth, eleaventh, and thirteenth of Henry the fourth, was a tryer of the petitions; 31lnb foe in the firft, fecond, third and fourth of Henry the fifth. a^amfolb others were the imployments of this lord Thomas Afwell in Com- iffions of feverall natures, as in the extraordinary affaires of State, Church and Comon wealth, befides his conftant travell in the ordinary Comiffions of the peace, 476 from full age till death ; fome of | which extraordinaries in divers Counties and corporate Cities the records hereunder vouched will guide fuch of his poflerity unto as defire to bee fatisfied in the particularityes of that kind, none of which are formerly mentioned . viz^ Rot parliament. 5. E. 3. / 2. R. 2. pars. 1. in dorfo/ 3. R. 2. pars. 2. in dorfo. / claus : 8. R. 2. m. 14. / pat : 8. R. 2. pars. 2. in dorfo : et eode bis dorfo. / pat. 9. R. 2. pars. 1. in dorfo ter. / et eode poftea. / pat. 21. R. 2. pars. 3. m. 23. Hi? Hife of Chomag the fourth 27 m . 23. dorfo. /pat. 22. R. 2. pars. 3. m. 9. in dorfo / pat. 1. H. 4. pars. 7. dors/ Rot. parliament. 2. H. 4. / pat. 2. H. 4. pars 3. m. 7. dorfo / pat. 3. H. 4. pars. 2. in dorfo ter : / claus. 5. H. 4. pars. 1. m. 4. dorfo : / Rot. parliament. 7. H. 4. pars. 2 : m : 15. et at /pat. 7. H. 4. pars. 2. m. 33. /pat. 8. H. 4: pars. 1. dorfo / pat. 13. H. 4. pars. 2. in dorfo : /pat. 1. H. 5. pars 1. dorfo. /pat. 22. R. 2. pars. 3. m: 9. dorfo. Befides divers others which with a dry foot I paffed by. ^i£ toife. 3Bho£e daughter the lady Margaret wife to this lord was, And when, where fo1 : [448J451] and at what age maryed, what portion in money & land fhee brought to her hufband, when firft fhee came to Berkeley with other circumftances, is before in the firft title of this lords life declared. Che courfe of her life went with her hufbands in often removes from one of their houfes to another, which then, (contrary to the proverbe that the rolling ftone gathers noe moffe,) was held the greater honor. 3fi<$ at Berkeley, Wotton, Portbury, London, Syde and at ffulham, and fome other houfes of her inheritance. 3ft feemes fhee was a very mild and devout lady but nothing active in her family. 3fn the prime of her age fhee brought her hufband a daughter called Elizabeth of whom much hereafter is to bee fpoken ; And for any thinge I have obferved, never conceived more, before or after, yet lived fhee and her hufband in a moft fweet and contented fociety; | therein much refe[m]blinge the lady Elizabeth Spenfer, maryed to Geo : lord Hunfdon, (of whom after,) who having brought her hufband not longe after mariage, Elizabeth, (mother of the now lord George Berkeley,) held it fufficient honor and frutefullnes to have been the mother of a child foe peerleffe. 477 Rot. franc: 16. R. 2. m : 10. bis. Chig lady Margaret died at Wotton under edge, the twentieth of March about Newhped. in caft; the fifteenth year of Richard the fecond, then about thirty years of age ; having Efcaet poft mort been maryed' at feaven ; And lyeth buried in the parifh Church of Wotton under a Gerard Warren faire Tombe by the fide of her hufband, whither her bones were tranflated as after followeth : The greefe of whofe death foe faftened upon the affections of her lord and hufband, That hee never after affected manage; although hee was at her death but thirty eight years of age, and of an able conflitution, and then without iffue male to uphold his name and barony : whereat I have not only mufed, but at the caufe why, in fewe monthes after her death, hee betooke himfelfe to a forraigne pilgrimage As in the title of his forraigne imployments is already written. m$ E 2 28 Che %iMz0 of the S&erfteleng 1368 Efcaet. 5. H. 5. poft mort. Tho : dni Berkel : •Magn : chart, fol : 240. in caftro de Berkeley. 478 ^U^aheth was this lords onely daughter and heir of the age of twenty fix and upwards, at the time of his death. 3!n September in the io'!1 of Richard the fecond this lord entred into covenants w'.h Thomas Beauchamp Earle of Warrwike concern ing a mariage to bee had between Richard his fon and heir, and his faid daughter fhee then under the age of feaven yeares, That their mariage fhould bee affoone as conveniently it may ; That her Joynture fhould bee three hundred markes by the year, after the death of the faid Earle and of Margaret his wife ; That hee the faid lord Berkeley would grant the manors of Kiflingbury Draycote and certaine others to the faid Richard and Elizabeth for their lives, and fower | hundred markes more to them by the yeare of thofe lands which were the inheritance of Margaret late wife of him the faid lord Thomas ; To hold to them after his death ; And that hee would pay fower hundred pound in money for the mariage portion of his faid daughter ; for performance of which agreements, either of them became bound to other in two thoufand pounds. Efcaet. 17. H. 6. poft mort. Rici Beauchamp. vlt. voluntas Rici Beauchamp.i8.H. 6. in prerog : Cant: liber Gloveri ats Somerfet Herald. vetus manufcript. et divers : at. Che faid Elizabeth by her hufband, (who after his fathers death was Earle of Warwike, and Regent of France,) had iffue onely three daughters, Margaret, Ellenor, and Elizabeth ; And dyed the 28* -day of December in the firft of Henry the fixth, then about the age of one and thirty years, and lyeth buried at the faid monaftery of Kingfwood, whereof fhee was hereditary foundres, by her fathers pur chafe of the patronage as afore is mentioned, with this Epitaph upon a goodly Tombe of marble nowe demolifhed fet up by her hufbands Executors according to the direction of his will. Hie jacet dna Elizabetha nuper comitiffa et prima vxor Rici de bello campo nuper Comitis Warwici ac filia et haeres Thomas nuper dni de Berkeley et de Lifle. Quod quidem dominium de Lifle idem Thomas tenet per legem Anglise poft mortem Margaretae nuper vxoris fuae, matris predicts Elizabethae: qui qudem Ricus et Elizabetha habuerunt exitum inter fe Margaretam Elianoram et Elizabetham, quae vero Elizabetha comitiffa obiit vicefimo octavo die Decembris Anno domini . 1422. Cuius animae propicietur deus Amen, 3lnb hef hufband, afterwards marying, (and haveing other iffue wherewith I meddle not,) dyed the laft of Aprill . 1439 . in the 1 7* of Henry the fixth ; Between whom and their faid three daughters and their iffues, and James the heire male of this lord Thomas were the greateft futes in lawe and of longefl continuance that were in thofe times or fince, As after will bee declared. Che 1417 atifc of Chomag the fourth 29 Che faid Margaret was the fecond wife of John Talbot the firft Earle of Shroef- bury of that name, by whom fhee had iffue John Talbot created vifcount Lifle, And dyed the 14* of June in the 7* of Edward the fourth, And lyeth buried in Jhefus Chappie | in S' Paules Church in London, with this Epitaph ; Here before the image of Jhefu lyeth the wor1.1 and right noble lady Margaret Countes of Shrewf- bury, late wife of the true and victorious knight and redoubtable warriour John Talbot Earle of Shrewefbury, which worfhipfull man dyed in Gwyen for the right of this land : Shee was the firft daughter and one of the heires of the right famous renowned knight Richard Beauchamp late Earle of Warwike, (which dyed in Roan,) and of dame Elizabeth his wife, the which Elizabeth was daughter and heire to Thomas late lord Berkeley on his fide, and on her mothers fide lady Lifle and Tyes, which Countes paffed from this world the 14* of June. 1468 . on whofe foule Jhefu have mercy, Amen. Survey of London 479 Efcaet. 21. H. 6. poft mort : Tho : Chedder. Che faid John Talbot vifcount Lifle by Jone his wife, one of the two daughters Efcaet : 7. E. 4. and coheires of Sf Thomas Chedder, had iffue Thomas Talbot vifcount Lifle, who yxoris Tofiis maryed Margaret daughter of Wittm Harbert Earle of Penbroke, and was flayne Talbot. by Wiftm lord Berkeley the 20* of March in the Tenth year of Edward the fourth, pat. roll : 15. E. 4. without iffue ; Elizabeth, and Margaret ; which Margaret was maryed to Sr George ' Veer knight and dyed without iffue in the 14* of Edward y° fourth. Che faid Elizabeth fifter and heire of Thomas Talbot vifcount Lifle, was ?-ot; ca^- 15- E- 4- in vlt. dat. 14. maryed to Sf Edward Gray, who in fhe fifteenth of Edward the fourth was created marcij. lord Lifle, in right of his wife ; fhee dyed in the third of Henry the feaventh, And J^q^^0 hee fower years after, leaving iffue by her John, Margaret, Anne, and Elizabeth. Berkeley. Che faid Sf John Gray fon of Sf Edward was vifcount Lifle ; And by Myriell Efcaet. 20. 21. his wife daughter of Thomas Howard Earle of Surrey, lord Treaforer of England, jofiis Gray vie : had iffue Elizabeth onely, born after his death the twentieth of March in the lifle in„ div's Com: pat: 18. H. 7. twentieth of Henry the feaventh ; And after being very younge was maryed to pars. 2. Henry Courtney Earle of Devon, And dyed without iffue about the ninth of Henry carta in caftro the 8* And the faid Myriell was after marryed to Sf Thomas Knevet. de Berkeley. d$argatet the eldeft fifter was maryed to Edward Stafford Earle of Wiltfhire, And dyed without iffue. 3Ilnne the fecond fifter was maryed to John Willoughby of Wollaton, And dyed without iffue ; | 4EIi$aheth the third and youngeft fifter of 480 John Gray vifcount Lifle, was firft maried to Edmond Dudley, who was beheadded in 30 Che £tbe£ of the 25erMe»g 1368 in the firft of Henry the eighth, And after to Arthur Plantagenet bafe fon to Edward the fourth ; fhee dyed the 33'!1 of Henry the 8'Heaving iffue John Dudley, who by feverall patents was created vifcount Lifle Earle of Warwike, and Duke of Northumberland;. ¦> Che faid John Dudley, fon of the faid Elizabeth and Edmond, was duke of Northumberland ; And by Anne his wife daughter of Sf Edward Guilford left iffue, (of whom only I need to write,) Ambrofe, Robert, Katharine and Mary ; And was beheadded in Anno . 1553 . in the firft year of Queen Mary for treafon : Of whom fee more in the life of Henry lord Berkeley the firft of that name. ' 3Umhto£e Dudley was in* thet 4*' year of the raigne of Queene Elizabeth created Earle of Warwike, and maryed for his third wife Anne daughter of Francis Ruffell Earle of Bedford, (of whom I need to write onely,) And dyed in the 32* of Elizabeth without, iffue 'by any wife; As alfo did the faid Anne in the firft of king James. ftohett Dudley- was created Earle of Leicefter in the 6':h of Elizabeth; and marryed Lettice daughter of Sf Francis Knolles, And dyed in the thirtieth of Eliza beth without lawfull iffue ; And Lettiee is yet livinge. 1628. The Tombe of whofe only fon, interred at Warwicke, hath thus ; &ZXZ refteth the body of the noble Impe Robert of Dudley, Baron. of Denbigh, fon of Robert Earle of Leicefter, nephewe and heire unto Ambrofe Earle of Warwicke, brethren, both fons of the mighty prince John late Duke of Northumberland, that was Cozen and heire to Sf John Gray vifcount Lifle, cozen and heire to Sf Thomas Talbot vifcount Lifle, nephewe and heire to the lady Margaret Countefs of Shrewfbury eldeft daughter and co heire of the noble Earle of Warwicke Sf Richard Beauchamp, here interred, a child of great parentage, but of greater hope and towardlinefs, taken from this tranfitory unto everlafting life in his tender age, at Wanfteed in Effex on funday the 19'!1 of July. 1584. the 26* year of the happy raigne of the moft vertuous and godly princeffe Elizabeth And in this place layd up amongft his noble Anceftors. | 481 5lnb about the tombe of Ambrofe Earle of Warwicke, elder brother of the faid Robert Earle of Leicefter, is thus. <£bltlonb Dudley Efqf, one of the privy counfell to king Henry the feaventh, maryed Elizabeth fifter and fole heire of John Gray vifcount Lifle, difcended as heir of the eldeft daughter and co-heire of Richard Beauchamp Earle of Warwike, and Elizabeth his wife, daughter and heir of the lord Hi 7 3Ufe of ChomaiS the fourth 31 lord Berkeley and heir of the faid lord Lifle and Tyes, And had John Duke of Northumberland &c. Catharine was maried to Henry Hailing* Earle of Huntington by whom fhee had no iffue. fl^arp was maried to Sf Henry Sidney prefidenfeof Wales, And had Sf Phillip Sidney knight, and Sf- Robert and others. > J>ir Phillip Sidney had iffue Elizabeth, and dyed' in the 28* yeare of Queene Elizabeth in the low Country warrs ; And the faid Elizabeth his daughter and heir was maryed to Roger Manors Earle of Rutland and dyed without iffue. Jbtc Robert Sidney, brother of Sf Phillip, was created lord Sidney, vifcount Lifle, and Earle of Leicefter ; And by Barbara his wife daughter and heire of John Gamage Efqf had Wiftm Sidney knight, who dyed unmaryed in. Anno. 161 2. in the tenth of king James : Robert Sidney after his father Earle of Leicefter, and others, Anno . 1627 ..of whom much is to bee written in the life of Henry lord See fol: [775] Berkeley the firft of that name. 2. Alienor the fecond daughter of Elizabeth Counteffe of Warrwike fole daughter of this lord Thomas, was firft maryed to Thomas lord Roos of Hamelake, And after to Edmond Beaufort Duke of Somerfet, by both whom fhee had iffue ; And dyed alfoe in the 7? of Edward the fourth. By her firft hufband fhe had iffue Thomas lord Roos, and Margaret marry ed to Thomas A-Burrough of whom is iffue ; The faid Thomas lord Roos dyed in the life of his mother, leaving iffue Edmond and Ellenor ; Edmond was an Ideot, and dyed without iffue ; And Ellenor his fifter & heir was maryed to Sf Robert Manors, who had iffue between them Geo : Manors lord Roos, who had iffue Thomas Manors created Earle of Rutland in the 17* of Henry the 8* to him and the heires males of his body, And dyed in the 35th of Henry the eighth, leaving iffue Henry Manors lord Roos Earle of Rut land, who dyed in the fifth of Elizabeth, leaving iffue Edwd | lord Roos and Earle 482 of Rutland, and John Manors : Edward dyed in the 29* of Elizabeth, haveing iffue onely Elizabeth maryed to Wittm Cicell nowe Earle of Exeter, fon of Thomas late Earle of Exeter : which Wittm and Elizabeth had iffue Wittm lord Roos who deceafed in Anno . 161 8 . without iffue, who maried the daughter of Sf Thomas Lake, whereon arofe that famous Starchamber fute, heard by king James then fitting in Court John 32 Che Xibeg of the 2&eritelep£ 1368 John Manors,, brother and heire male of the faid Edward, was after his death Earle of Rutland, And by Elizabeth his wife daughter of ffrancis Charelton had iffue Roger Manors Earle of Rutland, who maryed Elizabeth daughter of Sf Phillip Sidney aforefaid ; And John dyed in . Anno . 1587. But of the faid Roger Manors Earle of Rutland and of the faid Elizabeth his wife is noe iffue, as aforefaid. Che forefaid Ellenor by Edmond Beaufort Duke of Somerfet her fecond hufband, (flaine at Sf Albans. 1455,) na(i iffue Henry Beaufort Duke of Somerfet eldeft fon ; beheaded in Anno . 1463 . father to Charles lord Harbert, of whom are Inquis. in Cane, the Earles of Worcefter : And Edmond duke of Somfet, fecond fon, who dyed 21 H. 8. in Com. without ;ffue . Enenor whGfe fecond hufband was Sf. Robert Spenfer knight, (of whofe iffue in this place I will only write,) and fower other daughters, called Margaret, Elizabeth, Jone, and Anne, of whom is much honourable iffue. Che faid Ellenor and Sr Robert Spenfer had iffue, Margaret maryed to Thomas Carey Efqf. And Katharine maryed to Henry the fifth Earle of Northumberland, of whom is difcended the Earle that now is . 1624. Che faid Thomas Carey and Margaret had iffue John Carey and Wittm ; which Wittm maryed Mary fecond daughter and co-heire of Thomas Bullein Earle of Wiltfhire and Ormond, and of Elizabeth his wife daughter- of Thomas Howard Duke of Norfolk ; and had iffue Henry Carey and Katharine maryed to Sf Francis Knolles, of whom is iffue. Che faid Henry Carey, (created lord Hunfdon,) by Anne his wife daughter of Sf Thomas Morgan knight, had iffue George Carey lord Hunfdon, Henry Carey, John, William, Edmond, Robert, Katharine marryed to Charles lord Howard, Earle of Nottingham and Admirall, Philadelph. and Margaret. 483 Che faid George Carey lord Hunfdon by Elizabeth his wife fecond | daughter of Sf John Spenfer knight, had iffue Elizabeth maried to Sf Thomas Berkeley knight, father of George now lord Berkeley, and of Theophila wife of Sf Robert Coke knight Anno . 1624. the noble dedicatees of thefe collections ; of whom more is hereafter written in the life of Henry lord Berkeley the firft of that name. 3. Che forefaid Elizabeth third daughter of Elizabeth Counteffe of Warwicke, fole daughter of this Thomas lord Berkeley, was maryed to George Nevill lord Latimer, Hi 7 %itz of Chomag the fourth 33 Latimer, a younger fon of Ralph Nevill Earle of Weftmbrland by his fecond wife ; which George dyed in the ninth of Edward the fourth ; And the faid Elizabeth his wife the Twentieth of Edward the fourth ; And had iffue Henry Nevill lord Latimer, id eft Latimer, who dyed alfo in the ninth of Edward the fourth. Sfinb was father of InterPreter< Richard Nevill lord Latimer who dyed in the twentieth of Henry the 7* 3Hnb was father of John Nevill lord Latimer, and Wittm, (from which Wiftm is iffue male at this day ;) Che faid John Nevill lord Latimer dyed in the 34* of Henry the 8* leaving iffue John Nevill lord Latimer, who dyed in the 19* of Elizabeth, leaving iffue fower daughters and co-heires . vizf Katharine maryed to Henry Earle of Northumberland, Dorothy maryed to Sf Thomas Cicell late Earle of Exeter, Lucy marryed to Sf William Cornwallis,, And Elizabeth maryed to Sf John Danvers knight, And after to Sf Edmond Carey aforefaid. <©f whofe multiplyed pofterityes flourifhing at this day, to write in particular would enoble fome pages in this place ; which I here omit, As onely pointing at the honorable pofterity of this lord Thomas, now livinge Anno . 1628 . which the labours of moft heralds do performe. $i£ &eaie£ of Sfirme**. 1. Cl)e Seales of Armes which this lord ufed were different : At firft when hee attained full age, hee fealed with the Cheveron and ten croffes, about two Inches diameter, without fupporters or creft, circumfcribed figillum Thomas de Berkelee. | 2. 3(tt the middle part of his life, hee fealed with the Cheveron and ten croffes 484. fupported by two- mairmaides without creft, fircumfcribed figillum Thomas dni de Berkeley, in bredth as aforefaid. 3. 3(u the later part of his life hee fealed with the Cheveron and ten croffes cornerwife, with the mairmaides for fupporters, and the helmet for creft, The circumfcription and bredth as laft aforefaid. Seethe reprefentations. m F VOL. II 34 Che £ttoe£ of the 2&erhe{ep£ 1368 Newl : ped. in caftro de Berkeley. Efcaet. poft mort. Tho: dni Berkeley 5- H. 5- et bis fub magno figillo in caftro de Berkeley $& beath anb nlace of huriafl. ClUOll the 13* of July in the fifth year of that victorious king Henry the fifth Anno. 1 417 .'the glalfe of this lord Thomas runneth out, at Wotton Vnder edge, hee then of the age of 64 . yeares fix monthes and eight days, whereof hee had fate lord . 49 . yeares one month and . 5 . dayes ; And lived a widdower the laft twenty fix years thereof or neer thereabouts ; And lyeth buryed in the parifh Church of Wotton vnder edge with the tranflated bones of the lady Margaret his wife refting by him, under a faire Tombe there Nos quos certus amor primis conjnnxit ab annis Iunxit idem tumulus, junxit idemque polus. In youth our parents joyn'd our hands, our felves our harts, This Tombe our bodyes hath, th'heavens our better parts. Vlt. volunt. in Cur. prerog : Cant. anno 5. H. 5. 4«5 Efcaet : 5. H. 5. poft mort. Thomae dni : Berkeley. Inquis : fub magno figillo in caftro de Berkeley : 30 12. Efcaet : 5. H. 5. poft mort. Tho : dni Berkeley : Co his onely daughter the Countes of Warwicke by his will, this lord gave his beft pair of morninge mattens, and one boll and twenty pound in it. 5Hnb to his nephewe and heire male James Berkeley hee gave his beft bed, and his great boll of Jett, And twenty compleat Armors and twenty lances, which will was proved the tenth day after his death. | $i£ fanb£ tohereof hee bpeb gei3eb. 2£>cttoeene the faid Elizabeth this lords onely child, and James Berkeley his brothers fon, were all this lords lands divided ; Co Elizabeth difcended all the mannors and lands which came by the lady Margaret her mother, before mentioned in the life of this lord ; And alfo all the manors and lands whereof this lord her father died fefeed in ffee fimple or in ffee tayle generall, whether of his own pur chafe, or which came to him by difcent, in the Countyes of Gloucefter, Somerfet, Buckingham, Wilts, Nortfcton, Devon, Cornwall, Oxon, and Berks ; and in the Cities of London and Briftoll, and fome other places, which were about thirty manors, befides Advowfons of Churches, Abbathies, Chantryes, hundreds, knights fees, and many lands, tenements, fifhings, and liberties, not being parcell of any manors; As by divers Inquifitions found after his death in moft of the faid Counties appeareth ; fhee then of the age of twenty fix yeares and upwards. 5llnb to the faid James, (then of the age of twenty three years and upwards,) difcended the Caftle and Barony of Berkeley; And the manors of Berkeley, Hame, Appleridge, Alkington, Hinton, Slimbridge, Came, Cowley, Wotton-Burrow, Wotton fforren, Hi 7 £ife of Chomag the fourth 35 fforren, Simondfall, and Vpton Sf Leonards, and the hundred of Berkeley in the county of Glouc : by force of the fine leavyed in the faid 2 3* of Edward the third, to the heires males, and by the affurances as is before declared ; 3finD the manor of Portbury and Portefhned, and the hundred of Portbury in the County of Somerfet, by force of the like fine lieavyed to the heires males, by the faid lord Thomas in the 2611 of the fame kinge : And alfo the manor of Hurft and two and twenty markes rent in fframpton upon Seaverne, by force of a conveyance thereof made in dated 26. Septemr the fixteenth of Edward the third, As formerly in his life and of Maurice his fon apud Beverfton- is declared. Che fame James had alfoe at this time of his tinckles death, or fhortly there upon, from his own father and mother and younger brother, the manors of Ragelon, Talgarth, Tore, Edifhall, Straddewy, and divers others in Wales, Daglingworth in the County of Gloucefter, And alfo by other mixt means | the manors of Sages, 486 litle Marfhfeild, and Arlingham, in the faid County of Gloucefter, as after followeth in his life. jSoe that an honorable and opulent revenue ftill remained to the male line for fupport of the honor thereof, notwithftanding the great and rich poffeffions caryed from it by the faid Elizabeth cozen germane of the faid James. Che agnntation anb uge of ht# life. 1. Cht£ lord Thomas to the fmart of his double pofterity (nephewe and daughter, The ufe. line mafculine and femynine) greatly erred, either by too longe a deliberacon or by an inconftancy in his refolution, as a man feeming over-combated in himfelf, betweene name and nature, whether to leave his barony lands and name to his heire male his Rot. parliam. 23. brothers fon, or to the frute of his own body, his onely daughter the Countes of Warwicke, then wife to the firft Earle of the land : The ill effect wherof, the lives of the two next lords at large bewailes : whereby it might have been reproached and fully faid to him, as the prophet Elijah faid to the children of Ifraell before Ahab their kinge, pottle longe halt yeebetween two opinions, If the lord bee God 1. Kings, chap. 18. follow him, But if Baall bee hee then followe him. Che counfell of Ifaiah the prophet to king Ezekiah was good, becaufe fent from God, put thine houfe in order 2. : Kings, ch. 20. for thou fhalt dye and not live, which this lord Thomas neglecting, hee hath thereby ^g^ifaiah vers, t damnifyed his pofterity more ,then one hundred thoufand pounds, And infteed of 2. 3. fetlinge a perpetuity of good to his pofterity, which a conftant Teftament would have done, By | omiffion thereof hee caft both his heires male and female on their 487 knees, as the fequell alonge the lives that follow will make too manifeft. r f 2 2. Che 36 Che Hibeg of the 2&erReIep£ 1368 2. Che faireft mold that this lords pofterity can caft this error in, is to fay, That this their Anceftor beinge a deep wife man, (as the double ufes hee made of both the oppofite houfes of Yorke and Lancafter in advancement of his own ends, if nothing els there were, declares,) Hee would on the one fide ferve himfelfe with the ' Court favour of his fon in lawe, one of the moft powerfull and beft favored fubjects of his time, loaden with honors and offices of ftate, And on the other fide, fimul et femel, in the fame feafons make harveft of the perfon of his faid nephewe and heire male, by a double fale of his mariage, firft to Sf John Sf John, and after to Sf Humphry Stafford, not flicking in thofe agreements to declare his faid nephewe to bee heir to all his inheritance intailed. Sfinb yet turning to the other fhoulder declares to others about him his purpofe to bee, That his daughter fhould inherite the wholl lumpe of his lands, as in the next life is depofed : Not more certainly declareing by any overt act, who. fhould bee his heire, or lord Berkeley after him, then Queene Elizabeth did her fucceffor, to keep thereby all competitors and parties in hope, fear, and love, and foe make ufe of all : But this altum fapere with this lord almoft marred all. 3. , 3Unb againe, That by not declareing his heire, both parties had care, if not to ferve yet not to difcontent him ; And againe prevented envy and practice in the one of them towards the other, and preferved his own reputation and authority with both, And kept all dependance of fervants and others upon himfelfe. 4. $figaine let this lords pofterity take into confidercon how this their Anceftor counfelled and aided the fall and depofition, (I will not fay death,) of king Richard the fecond his Soveraigne lord, for the love hee bare to Henry the fourth, and the advancement of his own ends:; 3finb how that difloyalty and doublenes feemes to bee punifhed by the fearcher of all fecrets, afwell in his bereaft of iffue male of his body, As in the blouddy and irkfome controverfies of more then fc;wer generations, that fell into his family through his waveringe and ill fettlement of his eftate, and other judgments of God. | % sshort CoroHarp. 488 ^0 fumme up all that hitherto from Hardinge hath been faid : It is to bee acknowledged that this antient family of the lords of Berkeley was in the dayes of this lord Thomas, and in him, (who in ftatelynes and magnificence peramounted all his Anceftors,) in the higheft exaltation that it had before reached unto, and in- riched with the ampleft poffeffions for fupport of the honor thereof, with a likely outwardnefs hi 7 ftifc of Chomag the fourth 37 outwardnefs foe to have continued, which alfo this lords opinion of himfelf feems to bee futable unto : who after the manner of Princes in his tres and writings would joyne the pronoune plurall to his name in the fingular number, And write, hos not, ego. Thomas Berkeley dns de Berkeley, Wee Thomas Berkeley lord of Berkeley ^ 3Unb dat. in manerio noftro de Portbury, Dated in our manor of Portbury ; And the not meo like, which none of his Anceftors had foe prompoufly before ufed to doe. 3Unb it is an eminent enfigne of the greatnes and pious merits of this family, That one no more travelled than my felfe, fhould have feen above one hundred churches and oratories in the Counties of Gloucefter and Somerfet, and in the Cities of Gloucefter, Briftoll, and Bath, (befides as many more In other Counties and places, as mine acquaintances have faithfully related to mee,) having their coates of Armes and Efchucheons, yea fome their pictures, fet up in their windows and walls, in and before this lords dayes, and their croffes formees, in their true bearings, to bee as the fimbriae, edges or philacteries in the fkirts and borders of many of them, not yet in thefe devaftating times, demolifhed. 3finb my old age, (now in my great climaterique year of 63,) would think the knowledge rare for any Antiquary now living in this Kingdome, to fhew mee any other race of the Englifh Nobility foe to- have continued unattainted for twenty fucceffive generations in a male line, And" to have foe eminently excelled in Armes and Almes, as this Berkeleyan family hitherto had done : 2£>ut now cleaves this noble houfe in funder, rending her poffeffions into fundry parts, by the | default of 489 this overwife lord Thomas, And lyes preffed under blouddy brauls and lawe futes of. 192 . years agitation, between the faid heire male, and heire generall, two cozen germans and their iffues, before they came to peace; Sfinb as old Sf Thomas Harris a ferjeant at lawe in the time of king James once merrily faid to a Sollicitor of the then lord Berkeleys, had with their longe walkings beaten fmooth the pavements betweene Temple barre, and Weftminfter hall, To leave a memoriall whereof, in vited my effayes to thefe collections. Sllnb henceforth in the lives that follow, it is a kind of misfortune to my labors, That with the life of this lord Thomas ended all that regularity which for many ages had been obferved in th'eftate and houfhold affaires of thefe lords, in the Accompts of their Receivors, keepers of the wardrobe, Steward of houfhold, Clark of the kitchen, Reeves & Bayleys of manors and hundreds, and the like accomp- tants, which were by their Auditors with fingular care and exactnes, yearly caft up, and 38 Che %i\tzg of the S&erftriepjef 1368 and preferved ingroffed in parchment, As the marginalls hitherto have witneffed, which henceforth are neglected : And, vbi nullus eft ordo, ibi eft confufio ; All for want of order, is found. out of order, and come to waft.; 3finb k is a true obfervation in all great families, That where noe government or order is obferved, there con- fumption followes, if not of alL. yet of too great a part of that great mans eftate. 490 blank 39 Stye ittfe af Jtanu* % Sxx&t m Che Eife of James lord Berkeley fon of James, called James the firft, ftiled in writings Jacobus de Berkeley chivaleir. And Jacobus de Berkeley diis de Berkeley, 5lnb Jacobus Berkeley de Berkeley miles 9lnb Jacobus dns de Berkeley miles. Mtto Jacobus de Berkeley dns de Berkeley miles. And Jacobus de Berkeley miles diis de Berkeley. 31nb nobilis vir dominus Jacobus Berkeley miles dominus de Berkeley. Sllnb was tritavus to George now lord Berkeley, the fixth lineall difcendent from this lord James. 3lnb may bee called James the Juft. Contemuorarap with Henry the fifth, Henry the fixth and Edward the fourth from . 141 7 . till . 1463. i©ho#e troubled life I prefent to his pofterity under thefe thirteen titles . viz1. Anno. 6. H. 6. i. — Ij^ijGJ birth and education . fol : [492] 2. — JJM£ futes in lawe . fol : [493, 512] 3. — % difcourfe of the barony of Berkeley and of the precedency thereof . fol : [502] 4. — f$i$ rewards to fervants .fol : [535] 5. — J^tjaf mifcellaniae or various paffages . fol : [536] 6.— j$g wives . fol : [538] 7.— Jj$$ iffue . fol : [541] 8. — 2&erReIep of Worcefterfhire . fol : [546] 9^ — 2£»erfedep of Herefordfhire . fol : [545] 1 a — Jj=>t£ feales of Armes . fol : [553] 1 1. — ^ig death and place of buriall . fol : [554] 12. — J^'ijB? lands whereof hee dyed feized . fol : [555] 13. — Che application and ufe of his life . fol : [556] 40 Che Xibe£ of the ?2>ztMzp0 141; 492 j^ijef birth anb cbucation. rfyts CtylS lord James fon and heire of that Sf James Berkeley whom formerly I have diftinguifhed by the name of James the welfhman, was born at Ragelan in Monmouthfhire, where his father then dwelt upon his wifes inheritance, under whom hee was fomwhat top indulgently, brought up till the death of his father, when fhortly after upon the remariage of his mother to Willm Thomas a gentleman of that nation,, his unckle the lord Thomas the fourth of that name, (whofe life is laft related,) then a widdower, and without iffue male, and- not intending, (as the fequell declared,) to marry againe, font for this James and his younger brother Maurice, about the 8* year of king Henry the fourth ; where with him at Berkeley Caftle, and at Wotton and other his removeing houfes, this James and his brother Maurice continued, being generally reputed as heires males and carta in caftro de inheritable to the barony of Berkeley by virtue of their great grandfathers entaile ; And the 19* of Aprill in the eleaventh yeare of the faid king Henry the fourth It was by Articles mutually, fealed between the faid lord Thomas, and S' John Sf John knight, agreed, That the faid. lords two nephews and heires male James and Maurice, (the one then fixteene years of age, and the other fourteen,) fhould marry the two daughters of the faid Sf John Sf John, wherein they are declared to bee the heires males of their faid unckle, and inheritable to all the lands intayled, if their faid unckle fhould dye without iffue male of his body ; And each of them gave to the other fecurity of . 6oo'f- penalty to performe the agreements ; H&hith agreement (if it tooke effect) was foone diffolvedby the death of this James's wife ; for the faid Thomas by like articles fower years and three monthes after, bearing date the 25* of July in the fecond year of king Henry the 5* agreeth with Sf Humphry Stafford knight, for a mariage to bee had between his faid nephewe James, and the daughter of the faid Sr Humphry ; whofe portion was agreed to bee fix hundred markes ; And herein alfo his faid uncle declares this James to bee his heir male to the inheritance intail'd. And this mariage alfo tooke effect, as under the title of the 493 wives of | this lord James more largely doth appeare : But whether the faid lord Thomas really intended, as his agreements purported, that his faid nephews fhould foe inherite him, I determine not, becaufe proofe by oath was made after his death to the contrary. carta in caftro de Berk: 1463 ttife of Sjameg the f trot 41 ipg Suites? in latoc. Chi£ lord James at the deceafe of his faid unckle the lord Thomas was neer about twenty three years old, and at the houfe of the faid Sf Humphry Stafford in Dorfetfhire, whofe daughter not longe before hee had maryed according to the fore faid later articles, whofe chriftian name, (neither of the daughter of Sf John Sf John,) I could never find in any writing or record. Che Earle of Warwicke and the lady Elizabeth his wife were either at Wotton or at Berkeley Caftle at the f? lords death, whereby they had the advantage to enter upon the faid manor houfe and Caftle, and to po-ffeffe themfelves of all the evidences of the faid lord Thomas, whereof forthwith they caufed abftracts in many longe rolls of paper of each manor to bee made of all fuch deeds as they tooke not away, moft of which rolls at this time are in the faid Caftle, regained by Wittm lord Berkeley fon of this lord James fc in the tenth year of king Edward the fourth ; when having flaine the lord Thomas vifcount Lifle great grandchild of the faid Countes Elizabeth, hee forthwith en forced and plundred the faid manor houfe of Wotton, whereof much is- after written in the life of the faid lord Willm. 3fittb to the faid Earle and his wife, as to the more noble and potent party, did all the Executors and greateft fervants of the family of the faid lord Thomas prefent their fervices and adhere. 3fiflb the provident Earle to. make the poffeffion of the faid Caftle and of the entayled manors, (which hee then alfo. got,) the more legall and faire unto him, or at leaft foe to feeme, Hee the 21^ of July, (the ''8th day after the lord Thomas's death,) obtained of king Henry the fifth a grant of the cuftody of all the faid lords lands and Caftle, as longe as they fhould bee in the kings hands, under fuch a valew as fhould bee mentioned in the | offices to bee found, by the manucaption of Thomas 494. Berkeley Clarke become the Earles Receivor; which rent the, 12* of June in the pat" ' •S-m:29- next year was remitted to the Earle ; And by force of the faid grant in the fame year and in the two next, the faid Earle received the rents,, and kept Courts in all, ,,. the faid manors entayled to the heires males, as the rolls thereof in the names of Courtfolls. 5.6.7: himfelf and of the lady Elizabeth his wife, without any relation to the kings grant, Berk : * " ' doe fhewe : whereby it appeareth that the Earle and his wife pretended, right to the % Barony of Berkeley and to all the manors andlands thereto belonging ; whichs.alfoe the anfwer of the lady Margaret. their eldeft daughter and co-heire made in Chan- Refpon:: in Cane: eery, (mentioned at large in the life of this lords fon,) fheweth to bee true. 6' K 4- v . f *?* Cht£ lord James on the other part, the fifteenth' of July, (which was the fecond.^ day after his unckles death whereby their polling on both fides appeareth,) fueth ;?., 0Ut G VOL. II $* ++uc, (thejware the words of an old record,) were impanelled at Gloue theimun- day before Micnaelraffe. day then next following, And fworne to prefent according to the tenure of the faid writ ; what time through the oppofition then arifing upon'-; the evidence, the jury was adjourned to a further day : But the Earle Shaving, (as it . feemeth, )-tafted the purpofe of the Jury to find againft himy procureth the 22* of October following, a fecond writ out of the faid Court, in the nature of a fuper- fedeas, to coulitermaund the former ; This lord James laboreth to have the Jury proceed, and an Inquifition to bee found, .And obtaineth a third writ out: of the faid Court commanding the Efcheator to .appear in that Court in perfon ; when all the Judges of both benches are fent for by the lord Chancellor, by whofe advice an other writ dated the fifth of Novemf is awarded, whereby the former countermand- ment is recalled, and the Efcheator- commanded to proceed upon his, firft writ of diem clit extrein ; And foe the Jury at Jength give up their verdit, And found this lord James heiremale to his faid unckle Thomas, And that hee was. to inherite the faid Caftle of Berkeley and the twelve manors of Berkeley, Hame, Applei-idge*, Alkington, Hinton, Hurft, Wotton, Simondfall, Came, Cowley, Slimbridge, and Upton Sf Leonards, with Advowfons of, the Churches of Wotton and Slimbridge and the .hundred, of Berkeley, and twenty two marks 1 rent in Frampton upon Seaverne in the .County of , Glouc, by vertue of the faid fine leavyed by the lord Inter prefent. et. Thomas the third in the 23^ year of king Edward the third, and by other affurances rec". H. ,6. rotl'^Y n^m ma^e, as. formerly in his life hath been declared; And that the fame were5 holden of the Ling in capite by two knights fees and an half; But to all other manors and lands of the faid lord Thomas, (Portbury in Somerfetfhire excepted,) they find the faid Elizabeth wife to the faid Earle of Warwicke to bee heire: Accordingly fhee and her hufband, the fifteenth of December following, fue their livery for the fame manors and lands', And for five markes paid to the king have their homage refpited ; And in the fifth of Henry the ; fixth the faid Earle paid his Releefe according, fetting '-?gyer the Rf leefe of fhe intayled lands upon this lord James, in perticular names, accordingly to the faid InquTicon ; And likewife the lord* James the firft of the fame December for the faid Caftle and manors intailed his fealty; And lor ten markes paid into th% Hanaper hayjh his homage f 3lnb 495 Rot. fin, 5. H. 5. m. 1. et 12. Hillar;- 4. H. 6 TQt. 2. HillarV'5. H. 6. rot. 3.0. Orig:2.H.6.rot.3o.Trin. 14. H. 6. rot. 6. et H15: refior Hillar 5. H. 6. cum rem thefaur: comp. Efcaet. 5. H. 5. in bag. *»• Hillar : 5. H. 6. rot 30. m. fea. Fines : 5. H. 5. in turre m : 1. et. i4*$.(Joth Orig: in fcacio. 5. H. 5. rot. 30. refpited, '*% %ifz of SJameg the f ir£t •W 43 wi 3fi.nb becaufe this fcwjily is now rent afunder,"* And this. Inquifition- after the death or the,laft lord Thomas, the very wedge, (as it were,) that cleaveth it between the two brothers children, the heir male and the heir generall, I will here prefent this family with the words; of an old writing of that time, which age and bad keep ing have made almoft illegible, in thefe words. 31t'm after deces of Thomas late lord ^Berkeley, unckle to James that now claymeth, upon a diem claufit extremu take before one Robert Glbt, Efchetor of the Shire of Glouc, which was a fuffitient learned man, & a fadde, And in his precept to the Shreve of the faid County which returned tweive the worthiefl Squires of the faid fhire at Glouc, And the having grete deliberacon of divers dayes by the -fpace of nyne weeks, And both parties and their Counfells being prefent, That is to fay, Richard Earle of Warr and Elizabeth his wife e^ghter to the faid -Thomas, and her counfell on the one party, and the faid James and his counfellon that other pty, And all matters fhewed to them at that time, as is now, They found the Taill of the faid James, or the faid ferdfhipp and manors, and would not in noe wife allowe the matteirs on the faid Erie is-rperte ; whereby it appereth evidently, That though that were an enqueft o| office, yet fin it was don openly and by gode Courts of lawe, And the perties bein in travers thereof having knowledge and. being thereat," and hadden their refonable challenges to the polles by the which all fuch perfons were avoyded and put out by the difcretiofi of the faid Efcheter, And by the which it was founden, [ that the faid James had right according' to his evidence fhewed to them, notwithftanding the great might of the faid Earle And that hee and his wife that time were in poffeffion in the Caftle of Berkeley, And in all the whollUordfhip, having- in ward all the evidences ^thereof with them ; upon which office the faid James had livery of record- duo veter : manu- fcr : in caftro de •Berkeley. 496 ' r*#. .'•*• ¦ 5(t'm after the faid livery was awarded to the faid James upon the faid office, the faid Richard Earle and Elizabeth his wife kept the faid Caftle lordfhff) and manors with ftrength divers years, unto the time of our Soveraigne lord king Harry , k the fifth father to our foveraigne loi# that nowe is't upon a remonftrance of the right of this lord James, being greatly^fiifpleafed with the faid Earle, comaunded him to voyd the poffeffion thereof*.; And then after decefe of our faid Soveraigne lord, the faid Richard Earie^e/ntred agen in jthe faid manors of Wotton .and others, And laid about the faid Caftle of Berkeley grete multitude of people in maner of warre ; In which time were many peffons hurt and maymed, and fome flayne, for which caufe, by mediation and labor of the worfhipfull in God Phillip late Bifhop of Wirceftr, the faid parties were put in ordinance of the faid Bifhop and Sf John Iuyn Juftice, which to pefe the mattet' for a tyme, ordained to the faid Earle the manors of Wotton, ** Cowley, G % 44 ' Che 3titoe0 of the S&erftefepg 1417 -* 497 An untrue oath certainly. Cowley, and Simondfall, for the terme of his life by expres words in writing, not fpecifying as by the courtefy of England as it appeareth ; And to the faid James all the remnant comprifed within his fine, to him and to his heires males of his body according to his title : Thus the two old writings of that time. Chig lord James laboureth alfo to fue his livery and to pay his Barons releefe, and to have thefe his lands, (according to the ceremony of the lawe,) out of the kings hands, which through the favor'of the time, and the overgreatnefs of the Earle, (not fattisfied with the Inquificon,) hee could not procure. Che ninth of June following in the fixth year of king Henry the fifth, Lionell Sebroke late Steward of [the] houfhold to the faid lord Thomas, is by procurement of the faid Earle brought before the Mayor of Southton, and there depofeth That the faid lord his late mafter, in Chriftmas time in the fourth of that king, (the laft before his death,) | beinge in his withdrawing chamber in his manor of Wotton, fhewed to him, (amongft many other writings,) one old deed of entaill of the caftle and lordfhipp of Berkeley with all. the members thereof, made in the time of Robert fit3 Harding, which hee then faw and read over ; upon his reading whereof his faid lord very haftely matched the fame from him, fayinge hee well remembred the contents of that writing. cartae in caftro. de Berkeley. ¦comp. de Slimbr: 4. H. 5. pro. rec : in caftro de Berkeley. 3finb about the fame time John Bone-John vicar of Berkeley, (fucceffor to learned Trevifa,) and one of the faid Lord Thomas Executors, and till his death his Receiver, before the *Mayor of Briftoll made oath That the faid lord Thomas about the time of his paffage towards the parts of Britayne, to conduct from thence the Queene of England into England, or about the time that hee was created lord Admirall by king Henry the fourth, enfeoffed him and others of the Caftle lordfhip and hundred of Berkeley and of all his lands within ,;the County of Glouc, and of the manor and hundred of Portbury and of the raKrd part of the manor of Portifhned, and of the manors of Walton and Bedminftre, wim the hundreds of Bedminftre and Hareclive, To hold to them in fee without any Condicon, And that the Deed was executed by livery and feifin, & by Atturneament of the Tenants, And that Courts accordingly were holden in the feoffees names. Cures : 6. H. 5. pars. r. Chege and others the like made the Earle foe confident of his right to the wholl Barony, That the fifteenth of June in the fixth of Henry the fifth, hee pro^ cured of the king a confirmation of the firft charters of King John- of the manor and barony of Berkeley and of all Berkeley herneffe. fftotn 1463 £tfe of 3(ameg the f inert ; 45 (from the time 'that this lord James did his fealty in the Exchequer, and was thereby .and by the refpiting of his homage accepted the kings tenant in cheife for iiis Barony, hee for two years togeather continued the poffeffion of his faid Caftle of Berkeley and of moft of his faid entailed manors: After which time the faid caftrode Berkeley. Earle, incouraged afwell by the former Affidavits and other of like kind, as by the affiftance of all the greateft fervants to his late father in lawe, (as after I fhall touch,) came with great force and befeiged the faid Caftle, wherein the faid James then was : Howbeit upon the refort thither of Phillip Morgan then Bifhop of Worcefter, (in whofe | dioces it then was,) and of divers others of great worfhjp, 498 they ceafed that great ryot, and caufed the faid Earle to leave the Seige and to *^111- in Canc- 6' depart: Thus faith that record. 3filtb yet in that mean time, the firft of Aprill in the feaventh of Henry the Ro^ franc- 7< H- this Earle of Warwicke had a privy feal from the bee fued or impleaded by this lord James or any other. fifth, this Earle of Warwicke had a privy feal from the Cuftos of England, not to Chi£ lord not finding in himfelfe fufficient ftrength to wraftle w* foe potent, an adverfary, And confidering that all the old and principall fervants of his unckle had turned their intelligences againft him, And that hee was deprived of his antient evidences, wifely winneth with his purfe the affiftance of Humphry Duke carta in caftro de Berkeley. of Gloucefter the kings brother ; And privately at London the firft of November in the 8* of Henry the fifth, (about one year after the faid Seige,) bectometh bound to Tyrrell and Sherington, (men whom the Duke much trufted,) in ten thoufand markes, to pay them one thoufand markes within one year and an half after hee fhould havejued livery of his Caftle and lordfhip of Berkeley and. have the quiet , poffeffion thereof, (from whence it feems the faid Earle had lately ejected him,) And to grant, to the faid Duke the revercon in ffee Simple of all his lands in Wales and elfe where to the valewe of four hundred markes by the year, which were the inheritance of his mother; favinge only to himfelfe an eftate therein for his* own life aft|g the fame fhould bee recovered : But if by means of the faid Duke hee the faid*James could not get livery of his faid Caftle and lordfhipp of Berkeley out of the kings hands, Then the faid bond of ten thoufand markes to bee void. * ?" * 25p this clofe compact this lord James who before was as a^weak hopp^havinge now got, a ftrong pole faftly to wind about, grew up and Ipse the fruite of his own Rec. in fccio. cum defires ; And within few months after in Michaelmas Terme in the ninth of the term Mlch9rot.' 1! faid king, upon a petition to the king feconded by the Said Duke of Glouc, had lib: retiors. 9. H^ 5. *¦ * ° r r. ° ' cm rem thefaur. $U. licence ' \ ftfen 46 «» a Che Hibeg of the 2&rftelep0 1417 licence to fiie his livery of the faid Caftle and lordfhipp of Berkeley, And payeth, as the Releefe of a Baron and peere of the Realme, one hundred markes according to the Statute of magna charta for his inheritance foe intailed, and"' found by Inqui* 499 ficon | fower years paft as. aforefaid; which faith this record are holden per fervicium Dnia. vnius baronia^ integrae, by the fervice of an intire barony, And for better proofe of the tenure, foe to bee, voucheth that excellent record in the fame office in the fourth Comp. Efcaet : 2. of Edward the third, formerly mentioned in the life of his great grandfather, Thpmas ^ertiAnl^cto lord Berkeley the third of that name. And herewith alfo agreeth the Efcheators cum rem : thes : Accompt of this County in the fecond year of Henry the fixth. pat: 9. H. 5. ps. 1. Rot. parliam. 9. H. 5: in dorfo. claus : 9. H. 5. do$b. pat. roll. 9. H. 5. pars. 1. in dorfo. patiio.H.s.dojfo. 3finb then alfo the fecond of September is this lord firft brought into the Comiffion of the peace in this County of Glouc, and firft of all other therein named. And the king the twentieth of the next month fent his writ to this lord to bee at the parliament the firft of December following, as hee then did to other peeres of theSfRealme : And being in the faid fomons of parliament named the laft of all other Barons, it may bee conjectured That his writ was fealed and fent by it felf after hee had paid his Releefe in the Terme before, for in other fomons of parliament hee is named, with the firft, or firft of all. Sfittb by his being in the faid Comiffion of the peace the faid fecond of September the fame ninth yeaue named the firft Comiffioner of all the fowerteen therein, And this being feaven weeks before the fomons of parliament, And hee placed before the Judges, It may give affurance That hee was taken for a Baron from his unckles death, though not called to the parliament till after, w- Rotrecogn.tenen. 3finb now at whitfontide this yeare did the Tenants of the manor of Cowley, manerij e ow ey. ancj ^^ otners as jia(j f^00(j out or were drawn againft this lord, (now become their landlord,) Atturne and recognize their tenures and fervices, and pay to him their rents ; And this was the influence of the forefaid private Articles with the Duke' of v> * "Gloucefter, at this time protector of the Realme, That in this fort foe changed the feafon of the times, and the benefit of the lawes in them ; And as a further.jaddition claus : 1. H. 6. m: of honor to that private bargaine, (as it may feeme,) this lord James was alfo about 19 in dorfo. tnis time knighted, for the. 17* of November in the firft year of Henry the fixth, I find the Bffhop of London, Chancellor of the dutchy of Normandy, to deliver up that feale to the young king at Windfor in the prefence of the faid duke of Glouc.,, Richard Earle of Warwicke, and this lord James, by the name of Jacobus de 500 Berkeley chivaler, when, no doubt | they were met at Court about their arbitre ment ; for the tenth of September before, the faid Earle of Warrwicke and this ' ,t lord 1463 Stife of Sai^ the f ir$?t 47 lord James, (by the name of Jacobus diis Berkeley without miles or chivaler,) had claus : 1. H. 6. m. mutually entred into feverall recognizances of ten thoufand markes-1 the peece each I2> m °r * to 9ther to ftand to the arbitrement of Phillip Bifhop of Worcefter, Judge Iuyr^and others, concerning all articles wanting any declaration, contained in two Indentures late made betweene the faid Earle and lord Berkeley'; Provided allways that the. Arbitrators meddle not with any fecurity of any \ manors in the faid Indentures & contained, or of the manous of Wotton, Portbury, Cerney, and Cernecote ; And 'alfo doe ftand to their award for all futes and debates touching their fervants here tofore moved or depending, (excepting thofe that arofe between thejfe fervants at Hamerfmyth by London, and of the blows then given, which they have fubmitted -to the Duke of Gloucefter ;) Soe that the award bee made before Chriftmas day next. r '* $: • " •* i$i SJ^anp were the bickerings of the faide Earle and lord James and of their fervants wherefoever they met : And dftener were the inrodes incurfions and de predations which each of them made upon each others tenants, as after will more perticularly appeare. 3fi*S for the Indentures mentioned in the Condicon of the faid recognizances, I could never have the hap to receive that light which their perufall would have given, to the ground of the troubles which fell out upon the faid Earles death. m. #- Sjjon the faid referance nothing feemes to have been done, for that the Twen tieth of May following they entred into new recognizances of ten thoufand markes apeece either to other, to performe the award of the bifhops of London* and Wor cefter and of three others, or of any tnree of them, or of any other three fit perfons, 1 by the faid Earle and lord Berkeley to bee named, Sge that the award bee made before mldfomer day next. claus: 1. H. 6. m. 2. in dorfo. Jottjing being done upon that fecond reference,, A third was to the fame parties, for performance whereofiddie faid Earle and lord Berkeley became bound mutually each to- other in the fum of ten thoufand | pounds apeece, Soe that the award were made before all Sf day then next, whereupon though noe award was made, yet upon another reference, an award was in part made the 24^ of November in the third year of king Henry the fixth compofing part of the differences between the faid Earle of Warrwicke et reverendum dominum Jacobum dominum de Berke ley, by the faid Phillip -Bifhop of Worcefter and John Iuyn, through the great and unwearied claus : 2. H. 6. m: 18. in dorfo. 501 ex vetufto codice manuffcr: cm Witto Cftdifworth Ar: de medio templo. fo. 265. 48 Che !Dbe£ of the SSerftelepg HV unwearied labor of the lord Henry Bifhop of Winchefter, wherein alfo the faid Arbitrators promifed their further award before Michaelmas day next after, which was performed on the fixth of October in the fourth year of king Henry the fixth, carta in eaftro by the faid Phillip Morgan bifhop of Worcefter and John luyn cheife Juftice of the e er e ey. ^mgS bench, whereby the manors of Wotton, Simondfall, and Cowley, and divers '* lands, tenements, and rents in fframpton upon Seavern, Cromall, Acton, Kingfcote, Michelhampton in the County of Glouc, and the hundreds of Hareclive and Port bury and the manor of Portefhned, Limeridge wood, Wefton in Gordan, and '' certaine lands in Uphill and Crifton in the County of Somerfet, were awarded to the faid Earle for his life, And the manors of Came, Hinton, and Slimbridge, and all lands tenements and hereditaments in thofe manors in the County of Gloucefter) were (amongft others) awarded to the faid Lord James and the heires males of his body. 3finb thus was peace fetled for the Joynt lives of the faid Earle and this lord James, which held for thirteen yeares, till the Earle dyed, both of them then newly marryed to their fecond wives, as in fit places fhall bee delivered : what the Earle gained I know not, but this peace I am affured coft the lord James foe deere, [ | having no perfonall eftate from any of his Anceftors, and none of the portion of his || firft wife, that hee became much indebted ; a continuall borrower, and often of fmall fums, and fome of thofe upon pawnes, yea of Church veftments and Altar-goods ; And recovered not himfelf in eftate, (through the worfer troubles that fell upon him after the death of the faid Earle,) whilft hee lived, "Soe that he lived and dyed in a farr meaner port and condition than any of his Anceftors from the dayes of Harding the Dane. | 502 #f the 25aronn |if 2&erftelen anb of the grecebentn thereof, l^atoinge now the advantage of a place moft proper for that purpofe, I will deliver mine opinion of the place and precedency of George now lord Berkeley amongft his fellow Barons, in the affembly of parliament or other honorable meet ings ; which is the dSfcharge of the promifes I made in the life of Robert the firft, when 1 treated of the firft grant of thiss,»Barony of Berkeley made to the faid Robert and his heirs, makeing the queftion to bee, (as made it is,) whether the lord George fhall take his precedency from the faid Robert the firft, made a Baron by king Henry the fecond in the firft of his raigne, Or from the death of the faid lord Thomas the fourth that dyed in the fifth year of King Henry the fifth, Anno. 141 7. leavinge iffue Elizabeth his onely daughter and heire, maryed to Richard Beauchamp Earle 1463 Itife of %amz$ the firtft 49 Earle of Warwicke, as often formerly hath been declared ; Or from the call by writ of king Henry the eighth in the fourteenth year of his raigne, made to Maurice the fixth, As after followeth in his life. foi : [634] 3In tne hfe °f *he faid lord Robert the firft, I have mentioned three forts of foi :[37] Baron, ift by tenure . 2? by writ, and 3? by patent or creation ; And how the faid lord George is a Baron by tenure, And not called originally by writ nor by any patent creation, which is a truth paft all queftion upon the records hitherto men tioned in the life of each lord untill the death of the faid lord Thomas the fourth. 3finb that this lord James tooke not his place of precedency from the time of his unckles death, neither was called anew by any writ, but that hee was, upon the inherency of the dignity to the honor and fplendor of the Caftle and manor of Berkeley, fetled at this his firft parliament in the ninth of king Henry the fifth, within a few weeks after his Every faed, (what time the faid Elizabeth was livinge,) upon the cufhion of his old Anceftors, is alfo as certaine. 3ft will bee denyed at the firft chop, That at the parliament in the 9* | yeare 503 of Henry the fifth when this lord James was firft called thereto, That the faid Eliza beth was then livinge ; And urged will this family bee to prove it ; for foe (as I have heard) more then twenty years paft. was this lord Abergavenny put to doe, when hee. vouched this prefident in proofe of his affertion, before Robert Deverox Earle of Effex then Earle MarfhalL firgt therefore to prove her death- is her Epitaph before mentioned, which fol: [478] declareth That fhee dyed the 28'!1 of December in the firft year of Henry the fixth . Anno. 1422. as are the collections of Heralds in their traditionary bookes, and divers old manufcripts ; which is much confirmed by the will of her hufband, proved in the prerogative Court of Canterbury feaventeen years after. And there is one Court roll amongft the evidences of the lord George Berkeley, holden in the ninth year of Henry the fifth after the fomons of the faid parliament, ftiled Curia Rici de bello Rot. Curiae in 3 r . . . T caftr. de Berkeley. campo et Elizabethae vxoris ejus &c: And at a reference to Judges in ferjeants Inne hall, in the times of controverfy between Henry lord Berkeley and Robert Sidney now Earle of Leicefter, in October Anno quinto Jaeobi Regis, his Counfell, (himfelf then prefent,) fhewed forth an Accompt of a manor proving her livinge in the firft of .Henry the fixth, And no doubt but with his lordfhip and Sf ffulke Grevill lord of Warwicke Caftle are many others of like kind. Amongst H VOL. II 50 Che HibejS of the 2&erftelep0 14*7 Trim : 4: H •. 6. 9fimong3t the prefentations in Trinity Terme in the 4'f1 of Henry the fixth in rem°thefeur:?nter the Exchequer, it doth appear that the Sheriffs of Gloucefter and other Counties prefentacoes et hac\ {n Micfcmas Terme in the firft and fecond of Henry the fixth returned her dead : And thefe kind of Records and the writs of Hillary Terme in the firft of Henry the fixth, in divers Counties where fhee had lands of inheritance, (formerly mentioned,) do make the time of her death certaine after that parliament of the ninth of Henry the fifth was ended. fol: [37] % habe alfo faid in the life of the lord Robert the firft, That a Baron by tenure is hee that holdeth any honor Caftle or manor as the head of his barony in capite per baroniam which is grand Serjeanty : Now if the Caftle honor or manor foe holden in Baronage, (as moft affuredly this of Berkeley is,) bee alyened without the 504 kings licence or confent it is forfeited to the kinge ; | And fuch dignity or eftate is Coke: s:part: no longer to continue and bee borne, but to bee refumed and extinguifhed in the Crown from whence it was derived, As in ye cafe of Wiflm de Brufe in the time of Edward the firft, who aliened part of his barony of Brember without licence. 3llnb it is a generall received orthodox opinion amongft all heralds and Anti-. quaries, That till the time of king Richard the firft or of king John his brother and heire, each man to whom the Crown gave lands to hold by knights fervice in Capite, was thereby made a Baron and peere of the Realme, & had voice in parliament ; And that all thofe mentioned in the red booke in the Exchequer, (formerly:vouched by mee,) whereof this Robert the fon of Harding was one, to have accordingly certifyed their tenures to king Henry the fecond, father of the faid king' Richard and king John, about the 14* of his raigne, where the Barons of that time : But after Barons had a more fpetiall creation by patent, and laftly by writ. 25ut to draw a little nearer to the point I aime at ; If the alyenation bee by licence, it is either made for continuance of his barony honor and lands, in his own name bloud and iffue male, (as this of Thomas the third in the fourteenth of Edward. the third was,) or els the fame alienation is made for money or other recompence, or otherwife to a meer ftranger; And hereof enfueth this fecond conclufion" or affertion . vizf That if fuch alienacon bee made for the continuance of the barony in his name and bloud or iffue male, (as many befides the faid lord Thomas Berkeley, have" in all ages made the like,) Then have fuch iffues male togeather with .the Barony bee it Caftle manor or honor foe holden; held alfoe and lawfully enjoye'd the name ftile, title, and dignity of a Baron with their Anceftors place of precedency; And 1463 Hife of 3iamejSf the firgt 51 And thereof the heires generall or next heires female have been utterly excluded and debarred. 3flnb for the proofe of this conclufion or affertion manifold prefidents may bee produced, whereof fome have happened almoft in every age for . 300 . years fpace, namely foe longe in effect as there have beene obfervacons thereof ; of which kinds take thefe ten here enfuing . vizf 1. 3ft appeares by Inquifition after the death of Wittm de fferrarijs lord] of 505 Groby in Leicefterfhire, That Margaret lady of Groby gave to William fferrars her fecond fon and to the heirs of his body the manor of Groby &c, by vertue whereof the faid Willm fferrars and his heires were ever after Barons of Groby. 2. Robert Walleron Baron of Killpeck dyed in the firft of Edward the firft without heires of his body, And Robert Walleron fon of William brother of the faid Robert was his next heire ; yet notwithftanding the faid Robert dying gave to Allen Plogenet fon of Alice his fifter the Caftle lordfhip and manor of Killpecke with appurtenants, To hold to the faid Allen and the heires of his body, as appeareth by the faid inquificon ; by vertue of which entaile, the faid Allen was Baron of . Killpecke and fomoned amongft other barons to the parliaments, And dyed in the 27* of Edward the firft. 3. %t appeareth by divers Inquifitions in the time of Edward the third, That John Handlowe in right of- Mawd his wife, was feazed of the manor of Holgate* Acton Burnell, and others, for terme of her life, The remainder to Nicholas Hand lowe als Burnell- fon of the faid Mawd and John, by a fyrie in the kings Court leavyed, And that John Lovell was next heire of the faid Mawd, and her firft born fon -by her firft hufband ; And afterwards the faid Nicholas was fomoned amongft other lords to parliament by reafon of the fyne aforefaid, And not the faid John Lovell who was next heire to Mawd. 4. Choma£ de Beauchamp th'elder Earle of Warwicke, by a fyne leavyed in the 1 8* of Edward the third, entailed the Caftle and manor of Warwicke with other poffeffions to himfelf for terme of his life, The remainder thereof to Guy his eldeft fon and to the heires males of his body ; And for want of fuch heires males, The remainder to Thomas Beauchamp brother of the faid Guy and to the heires males of .his body &c : Afterwards the faid Guy dyed without heires males of his body, leaving two daughters and heires livinge : Afterwards the faid Earle dyed, And the faid Thomas the fon entred into the Caftle and manor aforefaid with the other poffeffions, H 2 52 Che flibeg of the Sforfeelepi* 141 7 poffeffions, And was Earle of Warwicke by reafon of the Entayle aforefaid, not- 506 withftanding that Katharine daughter | of Guy and next heire to Thomas th'elder the Conuzor,1 was living thirty yeares after his death : 3finb this later Thomas was father of our Richard Beauchamp, and the man that articled the mariage with Thomas lord Berkeley the fourth, as before in his life is declared. 5. JUicharb Earle of Arundle, by a fine leavyed in the firft of Edw? the third, entailed the Caftle, Town and manor of Arundle with other lands, to himfelf and his heires males begotten on the body of Ellenor his wife ; by vertue of which en taile John lord Maltravers was Earle of Arundle after the death of Thomas the Earle, who dyed without iffue in the third of Henry the fifth ; Although the fifters of the faid Earle Thomas poffeffed divers manors and honors, of the which the faid Thomas dyed feized in ffee fimple. 6. 5Iohn de Vere Earle of Oxford feized in his demefne as of ffee taile to him and his heires males of his body iffuinge, of the honor and County of Oxford, with divers other lands, dyed in the 18* of Henry the 8'f1 without heires males of his body, And his three fillers were his next heires generall ; But John de Vere his next heire male was Earle of Oxford by reafon of the faid entaile, And none of the three fifters obtained the dignity. 7. UE>iIIiatll lord Paget of Beaudefert was feized in his demefne as of ffee of the Baronies of Langden and Hawood and of and in the manors of Beaudefert Langden &c : And being foe feized, by fine in the fifth of Queen Mary, entailed the baronies and manors aforefaid to him and the heires males of his body iffuing, And afterwards in the fifth year of Queen Elizabeth dyed, leaving Henry his fon next heire male ; which Henry entred into the faid baronies and lands, and dyed thereof feized in the 1 1* of Elizabeth, leaving Elizabeth his only daughter and heire ; After whofe death Thomas Paget brother and heire male of the faid Henry entred into the Baronies and manors aforefaid, and was fomoned to the parliament by vertue of the faid fine. 8. ftobett lord Ogle entred into the Barony of Bothall and Ogle w1!1 divers 507 other manors and lands in the County of Northumberland, by | conveyance, which was to himfelf for terme of his life, the remainder to the heires males of his body begotten ; And hee tooke to his firft wife Dorothy Withrington, by whom hee had * iffue Robert Ogle his eldeft fon, and Margaret his daughter maryed to Gregory . Ogle 1 Conuzor— from Fr. Connoifant, knowing or understanding : as, "if the fon be conufant and agree to the feoffment, &c."—Co. Litt., 159.— [Ed.] 1463 atife of Slanted the f tri# 53 Ogle of Chippington ; And the faid Robert the father, after the death of the faid Dorothy his wife, tooke to his fecond wife Jone Ratcliffe, by whom hee had iffue Cutbert his fecond fon, and after dyed : After whofe death Robert the fon was lord Ogle, from whom the fame difcended to Cutbert, being brother of the half bloud, by vertue of the faid entaile, and not to the faid Margery nor unto her heires being of the wholl bloud unto the faid Robert the fon. 9. Choma£ de la Ware dyed feized in his demefne as of ffee taile to himfelf and to the heires of his body iffuing, by reafon of a fine leavyed in the time of his Anceftors, of the Barony de la Ware, with divers other lands in divers Counties, and dyed in the fifth of Henry the fixth without heires of his body ; And Reginald Weft knight of the half bloud, was nephew and heire by reafon of the Entaile aforefaid, and was fomoned to the parliament by the name of Reginald lord de la Ware knight, Although John Griffith was heire generall of the aforefaid Thomas de la Ware being of the wholl bloud, as appeareth by the genealogy enfiiing . vizf John de la Ware fon of Roger had iffue John de la Ware, and Katharine maryed to Nicholas Latimer ; The faid John fon of John had Roger de la Ware, who by Elizabeth his wife daughter of Adam lord Wells had iffue John de la Ware, who dyed without iffue, and Thomas de la Ware who alfo dyed without iffue ; The faid Roger de la Ware, by Elizabeth his fecond wife daughter of the lord Mowbray, had iffue Jone maryed to Sf Thomas Weft knight, who had iffue Sf Reginald Weft, lord de la Ware by the faid Entaile : The faid Katharine,, wife of Nicholas Latimer, had iffue Katharine maryed to [Thomas-1] Griffith who had iffue John Griffith heire generall to the lord de la Ware. 10. 3finb quid obftat, what lets, That I may not paralell the forefaid Thomas lord Berkeley and this lord James his nephewe with thefe former prefidents, And made their cafe thus. Choma# lord Berkeley, grandfather of the faid Thomas, was feized in his de-j mefne as of ffee df the Caftle. manor and barony of Berkeley &c : And by him a 508 fyne was leavyed in the kings Court by licence in the 23* of Edward the third of the faid Caftle manor &c : To him for terme of his life, The Remainder to Maurice his fon and to the heires males of his body coming, with other Remainders over ; The which Maurice had iffue Thomas lord Berkeley and James Berkeley, knight ; which James dyed in the life of his brother leaving this James his fon and heire livinge. Afterwards the faid Thomas lord Berkeley dyed in the fifth of Henry the fifth, Banks' Baronage. Vol II. p. 161.— [Ed.] 54 * €he Uibejf of the 2&erfeelcp$ 141 7 fifth, leaving Elizabeth hi? onely daughter and heir maryed to Richard Beauchamp Earle of Warwicke : After whofe death James his nephewe on his brothers fide entred into the faid Caftle, manor, lands and remainder aforefaid, by vertue of the . faid entaile, And was fomoned to the parliament as Baron of Berkeley in the ninth yeare of Henry the fifth affoone as his livery was fued, Although Elizabeth was then living, and dyed not till the firft of Henry the fixth as before is declared. 3filib if all thefe noble families mentioned in thefe forefaid nine prefidents have had their places of precedence according to the places of their Anceftors, (whereto more may bee added,) why not then this lord James, And confequently the- lord George Berkeley that now is, as his heire male, Anno . 1620. And that- this lord James fo tooke his place in that parliament in the nynth of Henry the fifth, and in Rot : claus: in the fomons of parliaments in the. 4*7* 10* 11* 12* 13* 15* 18* 20'!' 23* 2^ 27? IJturre fn dorfo 2^ 29'^ and .38* yeares of Henry the fixth, And in the firft and fecond of Edward . eodem the fourth, appeareth by the Rolls of fomons thereof, in all which hee was placed the firft Baron of all. And if noe juft order were therein obferved, yet it feemes ftrange that it fhould ftill fo fall out by chance : But if order of place were obferved, then certainly it was for his true place of precedence, and not for the honor of his age, (then under forty,) nor for any office of ftate, for hee had none 3tnb as the fathers . place flood in thefe rolls of fomons to parliament, foe was his fon the lord Wiitm claus: 9. E. 4. ranked after him all the refidue of Edward the fourth his time, .till hee was created vifcount Berkeley : Neither is any thing (for ought I know) to the' contrary, fave whilft Thomas de la Ware Clark was lord de la Ware- in the times, of [Rich.- 1 1., Hen". IV., Hen. V.,] and of Henry the fixth, who for the honor of his preifthbod was ranked before others. | 509 • 3finb if queftion fhould arife hereafter between the faid lord George Berkeley and the lord de la Ware, (both at this time in their minorities,) for precedency of place,. As I have heard it is likely to doe, irr that the lord Berkeley thinketh his Anceftor was -unevenly in the time of Queene Elizabeth placed next above his grandfather : mee thinks the place and honor of • precedence fhould belonge of right to the faid lord Berkeley, whether wee confider their places from their firft Anceftors,' or whether but from the difcents of their Anceftors feverall Entailes ; Sith this of the- lord Berkeley was caft upon . his Anceftor this lord James in the fifth of Henry the fifth ; And that of his upon Sf Reignold Weft but in the 'fifth of Henry the fixth, ten. years after ; and hee alfo but of the halfe bloud, as is before declared ; And the fine of the Lord Berkeley in the xxiiith-of Edward the third, to "the 1463 3tife of Siameg ti>e f«#t 55 the heires males was, (as I take it,) before the entayle that advanced the faid Sir Reignold Weft to the Barony of de la Ware. 3finb fomewhat the better to informe the younger yeares of the lord George Berkeley, I will comend to his confideration the cafe of the late lord de la Ware, and the refolution it received, not unfit for this place and queftion, mentioned by Sf Edward Coke in the 11* part of his reports, which was thus. Thomas lord de la Ware, in the third of Edward the fixth, being in fome dif- Goke- "j Part- pleafure with Wittm Weft his nephewe and heire, who was father to Thomas late wares cafe. lord de la-Ware, procured an act of parliament by the which the faid Willm Weft was during his naturall life cleerly difabled to claime demand or have any manner of right, title, or intereft, by difcent, remainder or otherwife, in or to the manors lands Tenements or hereditaments, title or dignity of Thomas lord de la Ware his uncle. Afterwards the faid Thomas de la Ware dyed, and the faid Wittm Weft was in the time of Queene Mary attaynted of treafon by verdit, And afterwards pardoned by Queene Mary, And afterwards by parliament in the time of Queene- Elizabeth reftored ;¦ And after in the eighth yeare of her raigne was created lord de la Ware by patent, and had place in parliament according to his creation by patent, for that by the faid act of parliament in the third of Edward the | fixth hee was excluded to 510 challenge the former antient Barony, And after hee dyed': whether, the now lord de la Ware fhould take his place according to the antient barony by writ, or according tohis fathers creation by patent, was the queftion : The opinion of her Maf^5 Attor ney generall. and Solilcitor was, That the acceptance of the new creation by the faid Wittm Weft, could not extinguifh the antient dignity, in him at the time of his- creation ; but the dignity was at that time by the act of parliament in the third of . Edward the fixth in abeyance, fufpenfe, or confideracon" of law, and* hee thereby utterly difabled to have the fame duringe his life. only. Soe as other. acceptance could, not extinguifh that dignity which hee then had, nor could not exclude, his heire, who was difabled by the faid Act of the third of Edward the fixth to claime the antient Barony : w* opinion of theirs was feen and allowed by the refolution of the cheife Juftice of England and lord cheife • Baron, and foe fignifyed to the lord Keeper." ' . ¦'¦ ~ .. .But note by the reafons made for the faid refolution ; That if the faid Wittm Weft had been Baron and intjtuled or in poffeffion of the antient dignity when hee accepted the faid creation, the lawe perchance might have been otherwife, but that remaineth 56 * . Che atibeg of the 2&erftefep£ 14 17 Coke, reports ps. remaineth as yet unrefolved: Neverthelefs the rule is Eodem modo quo quid conftituitur, diffolvitur ; But by a grant which is but a matter of fact, a man cannot transfer his title of honor. Whereupon at the faid parliament in the 39* of Eliza beth the lord de la Ware in his parliament robes, was by the lord Zouch, fupplying Coke. ps. n. fo. 1. the place of the lord Willoughby within age at that time, And Henry lord Berkeley fol : 30! alf° in his robes, brought into the houfe, and placed in his place next after the lord Berkeley, (faid the booke,) but therein is the queftion. Thus Sf Edward Coke. 3tnb further That in all the aforementioned foirunons to parliaments, the lord de la Ware is almoft the laft in place in thofe Rolls » And alfo I. have obferved, That from the firft fomons of parliaments, that is of record in rotul : claufaa in the Tower, vizf from the 49* of Henry the third to the forefaid fifth of Henry the fifth, the writs directed to the lord Berkeleys are almoft allways entred in thofe Rolls 511 before | the writs to the : lord de la Ware, whereof I. have obferved the moft parlia mentary yeares. j;l >T> --; : li;i , >u ¦ :¦ . .- ¦! fol: [654] 2[flg for calling Maurice the fixth to the dignity of lord. Berkeley, conferred! upon him by Henry the eighth before mentioned, the fame was but perfonall ; at what time the barony of Berkeley, by reafon of the entaile of Wittm lord Berkeley in the third of Henry the feaventh made to that kinge, and the heires males of his body, as followeth in the next life, was in abeyance fufpence or confideration of the lawe, as before is refolved in the cafe of the lord de la Ware ; Neither was the faid Maurice, nor Maurice, his father brother and heire of the faid William, either Barons in effe or in poffeffion of the antient dignity, when that honor was by king! Henry the 8* conferred upon him : Neither could the acceptance or continuance of the dignity by Thomas his brother, or by Thomas fon of the faid Thomas, bee any barre or hindrance to his fon Henry, when through want of iffue male of the body fee after fol: [727] of king Henry the feaventh, the faid Henry entred upon his Anceftors dignity Barony honor and manor of Berkeley in the firft year of Queene Mary, both as right heire to the faid lord Wittm the Conuzor, (the laft remainder, man in the faid fyne,) And alfo by difcent of the antient dignity from the firft lord, which could not bee extinguifhed ; And whereto the faid lord Henry feemes the rather remitted by his minority, being at the death of King Edward the fixth but nineteen years old, as after followeth in his life : And foe I conclude That the now lord George, not withftanding all objections to the contrary, ought to have his honor and precedency 'from the firft year of Henry the fecond, And before the lord de la. Ware : 3fin& now I returne to the former troublefome title of this lords fuites in lawe/ ! 1463 ttifc of 3fame0 the f ir£t 57 <&f th& forbtf latoe gutted 512 Che faid Richard Earle of Warwicke dyeth the thirtieth of Aprill in the 1-7* of Efcaet: 18. H. 6. ""Icing Henry the fixth, Anno. 1439. And the 6* day of September following, an Rec. fub maeno Inquifition after his death is taken at Gloucefter, finding that hee dyed feized as figillo. Tenant by the curtefy of England after the death of Elizabeth his wife, (amongft fin: I7-H. 6. m:4. other lands,) of the manors of Hinton, Came, Cowley, Wotton, and Symondfall, n:I9' ' •m"11- with the Advowfon of the Church of Wotton, And that the revercon thereof in ffee taile belonged to Margaret, Ellenor and Elizabeth his daughters, as heires to the faid Elizabeth his late wife, by force of an entaile made in the time of kinge Henry the third, by Maurice then lord Berkeley, to himfelf and Ifable his wife and to the heires of theire two bodies, the remainder to the right heires of the faid Maurice ; And accordingly the faid Inquifition deduceth down the difcent of that entaile to the faid Countes Elizabeth and her three daughters, Avoiding the fine to the heires"^ males in the 23* of Edward the third, (often before mentioned',) by a remitter in Maurice fon of the lord Thomas the Conuzor. 3finb further finding, That as Tenant by the curtefy of England the faid Earle Richard likewife dyed feized of the manor of Slimbridge with the Advowfon there of, the revercon in ffee taile after his deceafe to his faid three daughters belonginge, by force of a guift in franke mariage made by Roger Berkeley lord of Durfley, longe after the coronation of king Richard the firft, to Maurice Berkeley and Alice his wife daughter of the faid Roger ; And in like manner deduceth down the difcent in taile to the faid three coheires, And avoyd thereby the fine to the heirs males by a Remitter in Maurice aforefaid. 3tgain£t this Inquifition or office and thefe old rufty Entailes therein found, (which begat more trobles and expence then is credible,) it may feem this lord ciaUs. roll. r7..HL James had roughly refilled ; for the fecond of July before, the greatnefs of his 6. m : 5. eode. m : 5. in. adverfaries had caufed him to bee committed to the Tower, from whence the 14* dorfo. of that month hee was brof | before the king into the Chancery, and there entred 5I3 into a recognizance of one thoufand pounds to appear againe there perfonally, tres Miches after, and foe from day to day till hee fhould bee difmiffed, and further to abide the order of that Court : Whereupon I gather hee was then releafed out of the Tower, for the 28* of September following hee was fomoned to the parliament Rot. parliam. 18, which began the i2l.h of November, where hee was one of the tryers of petitions % iifee courfe whereuntb they tooke by turning him out of the Comiffion of the dorfo. [ luftre or authority H. 6. claus: 18. H. 6. peace, and fubfedy, and all other Comiffions that refented any command luftre or ^"^ \3°'et ult ' I VOL. II 58 Che fcibeg of the 2SerfteIep£ 1417 Vafcon : 31. H. 6. authority in his Country, when in the 29* and 30* yeares of this king they oppreffed m' a' S" 7" him and his fons, as after followeth ; At what time his adverfaries had the greateft authorities and offices of honor and power the Crowne could give, And indeed were themfelves the upholders of the kings, regality and Crowne. Efcaet. 19. H. 6. €tDO years after, vizf the fecond of November in the 19* of kinge Henry the poft mort. Rici flxtj1) was ajf0 another Inquifition after the faid Earles death, by vertue of a quae eauc amp. ^^ found at Cirencefter, which intituled the faid three coheires partly as heires in fee Simple, and partly as heires in generall taile, to a great quantity of land within every of the aforefaid manors, and of the other manors of this lord James, more then was comprehended in the former Inqufition of the 17* of king Henry the fixth ; which apparently declareth how all the deeds and evidence of the lord Berkeley had been under the canvafing and moft narrow view of the faid Earle and his Counfell, which Inqufitions not only remaine in the Tower of London, but their tranfcripts alfo in the Exchequer, and in the bags of the Efcheators Accompts there to this day : whereto I may add the two offices found in one yeare in the fame County of the like quality in the 7-h of king Edward the fourth, the one after the death of the faid lady Margaret, the other after the death of her fifter the lady Ellenor. in turre! % lifte Office was alfo, the forefaid 17* of king Henry the fixth, found after Orig:mfc»eio.i7. ^ ^j^ Earies death, in the County of Somerfet; whereby his faid daughters and Portbury coheires were intituled to the manor of Portbury and other lands there : Howbeit fines. 17. H. & ^ ^d jQr(j james j^ the i8*pf July before, obtained the cuftody of them from | 514 the king from the death of the faid Earle till the feaft of all Saints after, according to the Statute of the eighth of king Henry the fixth. Hillar: 18. H. 6. CJpon returne of which Inquifitions, (which paft all queftion were very in- rot. 2. in fccio (jireftiy carryed,) this lord James found himfelf much wronged; but being over- cum rem. regis. J ¦> '' , J ° ° preffed with the greatnefs of the three Co-heires and theire powerfull hufbands, and with the extraordinary favour which they had with that weake kinge, and efpetially with Queene Margaret who ruled and over ruled all affairs, could not avoid them : yet for three years or thereabouts after the returne of thofe Inquifitions hee kept the poffeffion of the manors of Cowley, Wotton, and Symondfall, (as always hee did of Came and Hinton,) but thereupon fprunge up fuch contentions, fuites, quarrel- ings, bloudfheds and other mifcheifes, as are irkfome in theire very remembrance, fub figillo in caftro continuing five or fix years togeather. A fmall tail whereof, take[n] out of a Star- chamber 1463 ftife of 3fame£ the f ir£t 59 chamber order made on Satturday the 12* of September in the 23* of king Henry the fixth, then fitting at Weftminfter, the kings Counfell, the Chancellor, Treaforer, privy feale, the Duke of Suffolk, and the cheife Juftice ; where, the parties them felves all appearinge, It was agreed That all diftreffes taken between them and their tenants fhould bee delivered by a writ of replegiare, And not to be eloyned1 into forren fhires ; And that both the faid parties fhould thenceforth bee of peace able bearing for themfelves their tenants and fervants, not attempting any thinge to the breach of the peace ; And thereupon the faid James had licence to depart into his Country, with this comaundment, That hee fhould againe appeare in Hillary Terme following in his own perfon ; for which and for obferving of this order hee became bound in two thoufand pounds, And the Earle of Shroefbury hufband to the faid Margaret in the like fum, by his Counfell : And hee that fearcheth into the books of that Courts orders from the times of thefe firft offices till the end of that kings raigne, fhall find matter of riot, force, .violence, and fraud, enough to blot more paper then I intend in the wholl life of this lord : And fhall alfo find Wittm bTia regis : 24. this lords eldeft fon, the 1 1'!1 of May in the 24* of Henry the fixth, comanded under pars. 1. in turre. the great feale of England upon his allegiance to appeare forthwith' before the kings Counfell to anfwere his mifdemeanors in thefe buifineffes. Mjc}i . term ig H. 6. #f thefe ftirrings take alfo a litle further taft out of the Court of Common 567.12 4" C pleas in the 18* of king Henry the fixth, which thews how David | Wodburne with 515 divers others of his fellow fervants, by direction of their mafter John Talbot vifcount term's . " 8 H 6 Lifle, (fon and heire of the faid Margaret,) cominge to Wotton, ferved this lord rot : 279. et. 180. James with a fubpena for his appearance in the Chancery : Infteed of obeying the proces, this lord James not only beat the parties, but will hee nill hee, inforced the faid David to eat the fubpena; wax and parchment ; for which feverall actions were forthwith brought againft this lord James and his men, by the faid lord Lifle and his man David. #f thefe ftirrings alfo in thefe times, take a further taft out of the Court of Billa dni Berkeley Chancery, wherein William lord Berkeley fhewes, That after the faid Earle of Warwicks death, this lord fent fower of his fervants and tooke a quiet poffeffion. of the manors of Wotton, Simondfall and Cowley, which hee continued by three: years and more, untill the faid Margaret Countefs of Shroefbury by great fubtilty and might entred againe upon him, whereupon was made great difpoile, robbery, murder, and many other inconveniences and heynous mifcheifes, to. the importable: hurt 1 Eloine, (from the Fr. Efloigner) fignifies to remove— to fend a great, wa^ off,— [Ed.] I 2 60 €he Eibejsf of the S&erftelepief 141 7 hurt of the faid lord James and the lady his wife, and in effect to their utter deftruc- tion and of their children : Thus the bill. fran : 18. H. 6. m: 9. SIelK fcSo ^M& the fame year> the fai<1 three Coheires and theire hufbands arraigned an Mich: 3. E. 4. rot. Affize of novell diffeizin againft this lord and the lady Ifable his wife, and Willm Pafch :Ye. 4- E# 4" Chat Thomas lord Berkeley grandfather to her the faid Countefs was feized of the faid manors of Wotton, Simondfall, and Cowley, (amongft others,) of a general! eftate tailed to him and the heires of his body cominge, and of fuch eftate of the faid manors dyed feized ; After whofe deceafe the fame manors difcended to Eliza beth his daughter and heire, who entred, and tooke to hufband Richard Earle of Warwicke, and by him had iffue her the faid Counteffe and her Copertioners; And that after the death of the faid Elizabeth, The faid Earle of Warwick held him in as Tenant by the curtefy of England, And dyed thereof foe feized ; After whofe death the Earle of Shroefbury and fhee his wife and her copertioners, as daughters and heires to the faid Elizabeth, into the fame manors entred, and thereof was" feized by force of the fd. Entayle, unto the time that Wittm Berkeley by the affent, -commandment, agreement, and will 'of the fd. lord James his father, (which at that time kept within the Caftle of Berkeley a great number of right riotous, unlawfull, and evill difpofed people, afwell in felonies, as ryots, affrayes, and Other mifgovern- ances, and unruly demeanings amongft the kingsleidge people,) and there affembled to them a great multitude of fuch misgoverned people arrayed in manner of warre, 523 the faid Earle of Shroefbury (late lord and hufband | to the faid Counteffe) then being in Normandy upon the fafeguard of the dutchy of Normandy, ryotoufly came to the faid manor of Wotton, and entred into the fame, And the gates and doores of the faid manor they brake, and all to hewe and cutt the great and principall timber of the roofes and galleryes, and other nefefaryes fawed and cut in two, The walls, vautes, quines of doors and windows they razed and tere a down, The fer ments of iron in the windows, hingyngs for doares and windows, gutters and condutes of lead, afwell Upon the houfes as under the earth, they brake and beate away ; And the faid manor of Wotton in all that they could defaced and deftroyed, infomuch that the reparations thereof coft the faid Earle Counteffe John vifcount Lifle and their fervants then there being, to the valewe of fower thoufand markes, difpoiled, robbed and beare away ; And upon the which ryot and robbery the faid. Earle of Shroefbury fued an oier and determiner ; And at a Seffion holden at Glouc: by force of the faid oyer and determiner, the faid James lord Berkeley, Wittm his fon and other were indited ; But the faid James,' Wittm and the other, allwayes \ V 1463 £tfe of %amz$ the f itgt 67 allwayes intendinge the continuance of their mifcheevous rule and governance, continually enforced them and kept them within the faid Caftle of Berkeley, which is a ftronge and mighty place, Soe that the Sherife nor none other officer of the Shire of Glouc, might not in any wife execute any precepts againft them : And right oftentimes they iffued out of the faid Caftle, and beat robbed and difpoiled many of the kings leidges of that Country, And when they or any of them had done fuch a mifcheevous deed, they allwayes reforted into the faid Caftle, and there were received, defended, and kept, and all that they might rob and pill brought into the fame : whereupon the people of the faid Country came to the faid Vifcount Lifle, then being one of the Juftices of the peace in that County, and in great number full piteoufly and lamentably complained to the faid vifcount of the heinous and mifcheevous governances aforefaid, befeeching him to put himfelf in devoire for their remedy releefe and fuccour in this behalf ; And the faid vifcount, intend ing to reforme that abhominable mifgovernance, bade the people enquire and efpye fecretly when any of thofe theeves and robbers or any of their maintainers were about | ryot and robbery, and hee would affay • to take them, and bringe to an 524 anfwer after the kings lawes : And on a night the fame Wittm Berkeley fent twenty of that fame mifcheevous men to a Tenants houfe of the faid Earle of Shroefburyes called Richard Andrewes, which was a blind man, dwelling from the faid Caftle ten miles, to rob the faid Richard Andrews, whereof the faid vifcount had warning that fuch a fellowfhip were iffued out of the faid Caftle ; And hee tooke a company with him and rode, into the Country to affay if hee might meet them ; And of the Country that had been evill treated before by the fame Wittm and his felyfhip followed them, till they had befet the faid blind mans houfe, And as hee Went homewards againe, hee fortuned to meet fome of the faid vifcounts fervts, and told them how it was, And then the faid vifcounts fervants fent the fanie man to their mafter to tell him thereof; And they rode ftraite in all that they could or might thither as the theeves were, to refcue the blind man if they might, And yet ere they came thither, the Theeves had gotten the houfe and all the people that were therein, and had up turned every place . of the houfe : And for caufe they found but litle good in fubftance, they tooke a brand iron and fet it on the fire till it was glowing hott, And then they tooke the blind man and would have fet him upon it, for hee would bee a knowe of noe more good, And through that dread that they foe put him in, hee told them where his good was, and limetted them a place under earth in the fame houfe, wherein they had in money eoined as the fame blind man did fwear and avowe before them, two hundred and fowerfcore pounds : And even as they were departing out of the faid houfe, the faid vifcounts fervants fet upon them, and with K 2 , 68 €he Hibejef of the S&erftelepje? Hi 7 with right great and fore fight tooke divers of them, amongft the wch, the forefaid Rice Tewe was one ; And the faid Rice in favation of his life offered to them that had taken him to get them into the faid Caftle, foe that they might take the refidue of the faid riotous mifgoverned and endited people ; And ftreight they rode to the faid Caftle, And wn they come to the Caftle gate Rice called upon the watch," And anon the faid watch went to the faid lord James who had the keys in his own keep- 525 mg> And hee them delivered to one Thomas fflefhewer then being | yeoman of his chamber, who came and opened the wicket gate of the Caftle, And the fervants of the vifcount Lifle entred to take the faid mifg9verned men, And tooke the place without any hurt or mifdoing to any perfon ; And faithfully, otherwife then thus was never the faid Rice hired entreated or defired by the faid Earle Counteffe nor none other perfon for them, nor had noe keeping of the keys of the faid Caftle : And further faith, that after fhee came into the faid Caftle of Berkeley where fhee found the faid James and his faid fower fons, they nor none of them neither were imprifoned nor indureffed nor coarted to make feale declare plead nor confeffe, the Indentures obligations pleas releafes before reherfed, nor noe parcell thereof; but were fuffered to bee in the faid Caftle at their large, And had their learned Counfell and all other their frends and fervants continually repairing and- attending upon them at their pleasures : And then they confidering amongft them the great ryots Offences and trefpaffes in breaking difpoiling and robbing of the faid manor of Wotton, and other divers abhominable deeds which they had done to the faid Earle Counteffe, vifc', and others, whereof of part they were indited, and con fidering alfo the great and huge cofts which they diverfly put the faid Earle and Countes too through their mifguiding, and alfo the great punition which they underftood they had deferved after the due courfe of the lawe, likely upon them to enfue and fall, by the advice of their faid learned Counfell and of their own frends;, freely offered to the faid Earle and Counteffe, the faid lands and Tenements called the warth, newleyes, and Sagiflond, To have to them and their heires for evermore, And made thereof as good eftates as could bee devifed by the Counfell of both parties, and more liveries accordinge, and one thoufand pounds in money ; wherefore furetie was made before the Maior and Conftable of briftoll aforefaid, in recompence of the ryot beating" down and defaceing the manor of Wotton afore faid, and difpoiling and bearing away their goods aforefaid : And to the faid vifcount, they offered two hundred pounds for the ftealing and bearing away of his goods there, which drewe in value better then feaven hundred markes ; for the payment 526 of which fums they made feverall obligations | before the faid Maior and Conftable of the Staple of Briftoll ; And over that the faid lord James and his faid fons, by the 1463 3tife of 3fame$f the f iritt 69 the advice of their faid learned Counfell and frends, offered to the faid Earle and Counteffe to remit, releafe and extinct to the faid Earle and Counteffe and her Co* pertioners and their heires, all fuch title intereft and clayme as they had, might, or pretended to have in the faid manors of Wotton, Simondfall and Cowley, and to make it fure to the faid Earle Counteffe and her copertioners, as the faid Earle and Counteffe counfell fhould devife, And made there oath in forme aforefaid ; for the performing wherof the faid lord James and his faid fower fons bound themfelves their heires and executors to the fame Earle and Counteffe in the fume of ten thoufand pounds: And all thefe things aforefaid were offered by the faid lord James and his fons, they having with them their frends and their learned Counfell, without any Dures conftraint coartion or quarrell by the faid Earle and Counteffe, or of any perfon on theire behalfe, other then is as aforefaid. <3Thu£ the anfwere. Jj&bittge heard the complaint and defence of both parties, who indeed in their own cafes are partiall, Take the truth from him that partakes with neither party ; Thus, Ctu£ lord James and his fower fons with him, are in the night time the fixth of September in the thirtieth of king Henry the fixth, by the falfhood of Rice, fur- prifed in their Caftle : And forthwith a Comiffion of Oyer and terminer is fued forth of the Chancery directed to Judge Bingham, Wittm Lucy, and others : The firft feffion whereupon, is at Campden in the remoteft part of Gloucefterfhire, five and thirty miles from Berkeley, upon the fourth day of October following, w.n the faid three lady Copertners and their hufbands put in their declaration againft this lord James and hrs fower fons, Wittm, James, Maurice, and Thomas, grounded upon the Statute of the fifth of Richard the fecond, for forceibly entringe into their manors of Wotton, Simondfall, and Cowley ; And prayed proces of Attachment to bring the Def? to anfwer at Cirencefter againft the ninth of December following. At this time this lord James and his faid fower fons, (being prifoners | in the 527 power of as angry a lady as I have obferved in all my readings,) were between the Bancusreg. 30. H. faid two Seffions enforced to feale twelve feverall deeds, dated on the 8* 12* 20* 6* rot 4°' 4I* and . 26* days of October - whereof <©ne was a leafe for two years to the faid three lady Coperceners and their hufbands of the Caftle of Berkeley ; Saving therein habitacon and houfroome for themfelves and fix fervants ; <©thet£ were deeds of Covenants to make fure to the faid Coperceners their faid three, manors, And that neither this lord James nor his fons fhould fue, implead, vex, greeve, nor trouble, the 7<3 €he %x\iz$ of the 2&erfteie»£ 141 7 the faid ladies nor their hufbands by the law nor otherwife, nor none of their fer vants, adherents, nor Counfellers, but .fhould bee their true cozens, faithful! men, and fervants ; with an obligation of ten thoufand pounds to perform the fame ; <©ther£ were releafes of all their rights and interefts in the faid three manors of Wotton, Simondfall, and Cowley, with generall warranties, and of all actions 'and carta in caftro de appeals, made to them and to eighteen of their fervants and kinfmen : <©ne other de Berkeley, deed was in the nature of a bond of feaven hundred markes for payment of two hundred markes to the faid vifcount Lifle, in recompence and fatisfaction of divers trefpaffes and wrongs done to him by the faid Wittm Berkeley, in riotoufly taking away his goods out of the manor houfe of Wotton, to the valewe of feaven hun dred markes : 3Enb one other was a feoffment of the manor of Sages the Warth and 1 Newleyes to the faid lady Margaret and her heires, in part of recompence for horrid great trefpaffes and wrongs done to her hufband by them arid their riotous people, in takinge away the value of two thoufand pounds of ,the faid Earles goods out of Wotton ; And a releefe of the faid manor and lands accordingly. 3Ellb, the 4^ of November following, were by an Armed band of men carryed to the gray ffryars to Briftoll, whither John Stanley, then Maior, was fent for; And there before him conflrained to acknowledge three Statutes, whereof one of ten thoufand pounds, defeizanced by an Indenture between the parties, That if this lord James and his faid fower fons fhould performe all feoffments and grants, and fhould keep all covenants and promifes made between the faid parties, Then the fame to bee void. carta in caftro de Che fecond Statute was of two thoufand pound to the faid vifcount Lifle. And er e ey. ^e third Statute was by the faid Wittm and James his brother alone, of two hun dred pounds abfolute without any defeizances ; which done, Then were this lord & his fons hurried back to Berk? with the fame rout yl caryed y1? to Briftoll. | 528 3fittb on the ninth of December followinge, this lord James and his fower fons were againe carried from Berkeley to Cirencefter, the day and place for the fecond fittinge upon the faid Comiffion, where in their own perfons, (not by Atturny,) they plead, not the generall iffue, but their title at large as heir male under the faid fyne of the 23* yeare of king Edward the third : Upon which day alfo cometh in the barre, replication, reioynder and furreioynder ; whereupon iffue being joyned A venire facias is the fame day awarded to the Sherife to returne a Jury againft the next morninge : }> aPud quondam Comitis Salopiae, marifchalli franciae, qui obijt in bello apud Burdeux. 7. Salop, obijt. 20. Julij 1453 . Anno. 31 . H . 6. And was created the firft Earle of Shroefbury of his JullJ- name of Talbot in the one and twentieth of King Henry the fixth ; As his eldeft fon by the faid lady Margaret his fecond wife, was in the 23* of Henry the fixth, vifcount Lifle, as hath been faid. Co deliver the exceptions which upon the later tryalls in the time of Queen Elizabeth were by the lord Berkeleys Counfell, (when time and diligence had ripened their knowledge,) taken to the forefaid Inquifition of the 18* of Henry the fixth, after the death of the faid Earle of Warwicke ; 5Hnb to the faid award of the 271" of Henry the fixth ; 3Unb to the faid action upon the ftatute of the fifth of Richard the fecond ; 31nb to the faid attaint thereupon brought in the 31* of Henry the fixth ; 1 3Unb to the forefaid twelve deeds made and acknowledged as aforefaid ; 531 would alone require like leaves to this lords life ; for thefe were the principall pillars and fuporters of the adverfaries title, and the places of retreat to which they ever fled and trufted ; wherein I had the honor to Collect ye breviats for Counfell, which now fleep in peace amongft the other evidence of the now lord George at Berkeley Caftle ; which upon reading hereof, hee may perhaps bee moved to awake and read, when this hand of mine w*:h thus feemeth to glory in the remembrance of its own labors, is turned into duft. SD0U&tIe£ the inrodes and fpoiles that each party and their followers made each upon others lands and tenants, as the lord Lifle into Berkeley, Hame, Alkington, Hurft, and other manors of this lord James's : And the lord James and his fons into Wotton, Paynefwike, Whaddon, Moreton, and other manors of the faid Earle and Counteffe and lord Lifle their fon, in the fame County, produced the ill effects and deftructions of a petty warr : wherein the burrowe Town of Berkeley, for her part, j-^P :^m1^0^ fawe the burning and proftration of many of her antient houfes, as her old rent et. E. 4. which till that time was — 22? by the year and upwards, and by thofe devaftations brought down to eleaven pounds and under, where it fticketh to this day, without recovery of her antient luftre or greatnefs. Che£e unjuft incurfions and depredations thus reciprocally retorted each upon ^ot- Pdon : IS- other, made both parties fly to the king for pardons, the eafier to wind out from the 28. H. 6. ps. 1. juftice of the lawes : <©f which fort this lord James for his part, had one the tenth ^tIO-don H of July in the fifteenth of Henry ye fixth ; 5tnb an other the third of July in the 6. m. 41. claus •. 24* of it5m' L VOL. II 74 Che Hibeg of the SSerfeetepg 1417 Rot. pdon. 30. H. 6. m. 25. et. 32. pat. 30. H. 6. pars. 1. m. 14. Rot. pdon : 36. H. 6. m. 27. Rot. pdon : 36. H. 6. m. 27. Rot. pdon: 1. E.4. m. 41. et at. 24* of Henry the fixth ; And an other the 22*!1 of November in the 28t.h of Henry the fixth ; And an other the twentieth of July in the 30* of Henry the fixth ; And an other the 20* of November in the fame thirtieth yeare ; 3Unb the like at the fame time to Willm, James, Maurice, and Thomas the fower fons of this lord ; 5Hnb an other the firft of November in the 34* of Henry the fixth ; And an other the tenth of January in the 36* of Henry the fixth, and to Jone his wife ; 3lnb an other the fixth of February in the firft of Edward the fourth ; And fome others. | 532 3Unb the lady Ifable his wife had her pardon alfo, dated the 29* of May in the thirtieth of Henry the fixth, not longe before fhee was murdered at Glouc, as hath been faid. pat: 30. H. 6. pars. 2. m: 15. 22. 3fittb the faid Earle of Shroefbury and Counteffe his wife, and lord Lifle their fon, had as many pardons or more, which fufficiently fhew the ill humors where with either party abounded ; 3Unb befides alfo the fifteenth of July in the thirtieth of Henry the fixth, the faid Earle wrought with the king to take them for their perfons, lands, tenements, goods and chatties in his protection, And to free him the faid Earle and his fons from all mens actions and futes efpetially duringe their abfence in France. Term:Micfcis. 27. H. 6. rot. 25. in fcacio cum rein thefaur. 3(n the 27I1 of Henry the fixth, this lord James, by the putting on of his adverfaries, was called into the Exchequer to anfwer the meane rates of the manors of Slimbridge, Hinton, Came, Cowley, Wotton and Simondfall, from the laft of Aprill in the 17* of Henry the fixth, (on which day the Earle of Warwicke dyed,) untill the finding of his office the year after ; in which record, the feverall titles of the faid Earles heires are laid down againft the lord James, as in the faid office they are found. Chi£ lord James in difcharge thereof, doth not plead his title as heire male to his uncle by force of his grandfathers entayle, as hee might well have done, though with a longer plea and more charge ; but taketh a courfe more fpeedy and of lefs coft, efpetially againft the king himfelf, And pleadeth his Ma*f pardon to him granted the third of July in the 24* of his raigne, as afore is mentioned, And fo avoided the charge : ChijS record, I remember, was at a tryall in the Comon pleas in yfc 39* of Queen Elizabeth ftrongly urged by the Counfell of Anne Counteffe of Warwicke, widow, 1463 Site of %amz$ the f irgt 75 widow, then demaundant, in a writ of pertition againft Henry lord Berkeley, tenant for the third part of the faid manors of Slimbridge, Came and Hinton, as being, (in their opinion,) unanfwerable ; for that this lord James had himfelf therein waved and departed from his own title of heire male, confeffing thereby as was inferred, the right of the title to bee on the other fide in the heire generall : whereto, as the allegation of the record was fodaine, (for it was then unknown to the Counfell of the lord Berkeley,) old Serjeant Harris, of Counfell with the lord Berkeley, | gave 533 this fodaine anfwer ; If the lord James had done otherwife, hee had done foolifhly : for who will refufe the benefit of Gods bleffings. and the kings pardons ; And having two ways to difcharge himfelf, hee tooke the beft cheap and fpeedieft courfe, efpetially againft the kinge ; which blunt and prefent anfwer feemed to fattisfy the Court. 3lnb upon a fecond putting on of his adverfaries in the fame Court, of another Micfias: 28: H. 6. fute in the like nature for the meane profits of the manor of Portbury and other rot" 23' m ca°10< lands in the County of Somerfet, whereto an untrue Inquificon had entitled the Coheires, found by them in the 18*? of Henry the fixth, as is afore rehearfed, This lord James out of the fame reafons pleaded an other of the kings pardons granted to him the 22'!1 of Novem' the fame yeare. Che Earle of Shroefbury being (with his fon the lord vifcount Lifle) flaine in France as is before declared, The time of his widdows mourning for the loffe of fuch an hufband and fon, gave to this lord James and his two fons Willm and Maurice, left at home with him, fome reafonable time of breathing, yet not free from as great forrow, for that James his fecond fon was flaine with the faid Earle in France, and Thomas his youngeft fon at the fame time , taken prifoner by the French in that overthrowe; which alfo on the part of this lord James and his family was the more redoubled through the unnaturall difcord that at this time ranckled between the faid lord and his eldeft fon Sr Willm, which alfo feemes the more to fefter by the jealoufyes infufed by a ftepmother the lady Jone, whom this lord James had not longe before maryed, by beating upon ye weake pulfe of her huf bands old age : which inteftine diffention had not a little advanced the affaires of . the adverfe parties for divers of ye late years. ©Otdbeit the twentieth of Auguft in the 38th of the faid king Henry the fixth, carta in caftro de Berkeley. the father and fon came to an agreement under their feverall feals of Armes, upon thefe ten capitulations : fir#t that the faid Sr William fhould not henceforth greeve 1. vex l 2 76 Che Eibeg of the S&etftriepg 1417 6. 7- 8. carta in caftro de Berkeley dat. 15. Maij. 33. H. 6. carta in caftro de Berkeley dat. 5 Maij. 18. H. 6. vex nor trouble the faid lord James his father, nor any of his fervants Counfellors or tenants of any of his Lodps manors in Gloucefterfhire, by lawe nor otherwife : 2. Chat hee fhould not fupport nor favor noe perfons that his faid father fhall put out 534 of his | fervice : Chat the faid Wittm fhall keep the peace againft his faid lord father 3. and his fervants duringe his life, but provided that neither his fathers nor his fer vants fhould give no occation of provocation to the faid Wittm or his fervants : 4. Chat the faid Wittm fhould bee at large in all matters againft Thomas Mill and 5. John Poyntz, except the faid James own matters : Chat the faid Wittm fhall not come into the lordfhip of Berkeley, (for hee now dwelt at Portbury,) with more perfons then ten by day or night duringe the life of this lord his father without his leave : Chat hee and they fo coming fhall come peaceably, and fend word to his father of their coming half a day before hand, but not to flay at any their comeings above feaven dayes : Chat the faid Wittm fhall not alyen, nor feoffment make of the manor of Portbury nor of any part thereof : Chat if the faid lord James fue any 9. perfon by lawe, the faid Wiftm fhall bee with him in fuch fute lawfully : Chat for the obfervance of thefe Covenants the faid Wittm fhall enter into a Statute at Briftoll of one thoufand pound to his faid father, And then hee will amit and 10. receive him as his fon and heire to his favor and good faderhood : 3llttb Ha$tlp that none of thofe feaventeen fervants of the faid Willm, (mentioned in the fchedule to this Indenture annexed,) fhall at no time come within the manors of the faid lord James in Gloucefterfhire, but as ftrangers to baite and goe their way : 3tnb the like in effect, both Covenants and Statute from this lord James with his faid fon Wittm, mutatis mutandis, whereby they purged the foure leaven of one the others family : which difagreements between this old lord and his faid fon feems alfo to have drawn ill nourifhment from a difobedient leafe which this Wittm, three years before againft his fathers mind, had made of his manor of Portbury to James Earle of Wiltfhire and of Ormond for twelve years, contrary to Williams promife as it feemeth ; when his faid father in the 18* of that king Henry the fixth, had for his better mainten ance, granted the fame for his life ; Co the demifinge or fale whereof, this good old lord was the more averfe, becaufe it was the firft land his Anceftors had ever pur chafed in England. | 535 ^i£ retoarbg to gerbantg. $0e lord from Harding the Dane had more ufe for men, and wife men, then this lord James, from his firft age of discretion to the houre of his funerall, and confequently more ufe for bounty to tye fuch men to his affaires : Howbeit, whether it was his fhallow purfe, never halfe full, or whether the memory of his liberalityes have perifhed with time, I have only obferved thefe. viz' %Tl 1463 ttife of 3[ame£ the f irgt 77 5?n the third of Henry the fixth hee gave to Richard Venables one of his carta in caftro de Berkeley. Efquiers, an Anuity of ten marks yearly out of his manor of Hurft for his life; And alfo let to him the Scite of the faid manor called Hurft Farm at fixteen marks rent, which is the old rent to this day . 1624. ^fn the feaventh of that king, hee and the lady Ifable his wife gave to Nicholas Efch : n. H. 6. Stanfhawe, for the life of the faid lady, the manor of ffiekenhoe in the County of ^bray J°&S' Warwicke, rent free, which this lord held in her right. 3In the 11* of the faid king, hee gave to Elizabeth Ithell for her life, an carta in caftro de Berkeley Anuity of fourty fhillings by the year, for the paines fhee had taken in nurfing of H Wittm his eldeft fon, and an houfe in Berkeley rent free. 6.incaftr:deBerk: the 19'? of the faid king, hee gave to John Grevill, one of his Efq^, for his carta in caftro de Berkeley life, an Anuity of — 4= 61 81 by the year, out of his manor of Alkington, and two pafture grounds called cowmoor and hurdham in the faid manor, of like value. 9(n the twentieth of that king, hee gave to John Phillip ats Morgan, for his carta in caftro de life, an Anuity of twenty nobles by the year, whereof three pounds out of his manor er «" of Appleridge, And — 3'! 61 81 out of Clapton, And — 61 8d out of Hame. 9(n the fame 20^ year, hee gave to John Dunftable for his life, an anuity of carta in caftro de fourty fhillinges by the year, out of the warth and new leyes in Slimbridge. 9[n the fame year hee gave to John With for his life, an Anuity of fourty | Berkeiey. fhillings by the year, out of the faid warth and new leyes. 536 fn the 21* of the faid king, hee gave to John Biford, for his life, an Anuity of JjJ^^jjJ™ forty fhillings by the Yeare, out of the faid warth and new leyes. fn the 23* of that king, hee gave to William May for his life, an Anuity of ^l^am de forty fhillings by the yeare, out of culver feild in Alkington. Che fame yeare hee gave to Gilbert Johnfon for his life, an Anuity of forty carta in caftro de fhillings by the year out of the faid feild. %JX the 3-5* of the faid king Henry the fixth, hee gave to George Pullen, one comp. de Port- -,. ^ r n •tt- 11 bury : m caftro de of his Efquires, for his life, an Anuity of fourty fhillings by the yeare. Berkeley. 36. H. 6. 78 Che SUbe£ of the 25erftelep£ 1417 carta in caftro de ftt the 34* of the faid king, hee gave to Sr Walter Deverox for his life, in Berkeley. confideration of his fervice, an Anuity of twenty markes by the year out of his manor of Hinton. Comp:de Berkeley %ti the 37* of the faid king, hee gave to Thomas Holt Steward of his houfe, 37- Hdf Berkek0 for his life> an AnuitY of fourty *hillings by the year' out of the new Inne in Berkeley. Co know more I have not attained. $i# migceflani* or barioug aja&saseg not nroperip rebuteable unber anp the former titled Chi^ lord James of all his forepaft Anceftors from Harding the Dane, and of all his pofterity to George lord Berkeley that now is, in minority, ftands fingle in his generations from wearing Armes in any martiall voyage, abrode or at home. Polichron:fo. 313. Caxton. cap : 248. fo : 335- claus : 1. H. 6. m: 19. in dorfo. 3(n the 4* of Henry the fixth, the Duke of Bedford, Regent of ffrance and uncle to the kinge, returned into England ; And on whitfunday at Leicefter dubbed the king knight ; And forthwith after, the king dubbed kn'f many Dukes, Earles, and lords, Amongft whom, this lord James was one, as thofe hiftoryes fay ; After which time hee always affumed into his ftile, the title of knight ; Howbeit I have already truly fhewed him to bee written, Jacobus de Berkeley chivalier, three yeares before this time. I 537 3fa the 7* of Henry the fixth, this lord James borrowed nine hundred marks carta in caftro de of John Merbury of Hereford Efq^ ; for repayment whereof hee mortgaged to him his manors of Portbury in the County of Somerfet, and of Alkington in the County of Glouc, And befides gave his Statute acknowledged at Briftoll for repayment of the faid money. Berkeley. Rot. pari : n. H. 6. Chi£ lord James was at the parliament holden in the 11* of Henry the fixth, H^V ds fworn witn other lords not to keep or harbour any ryotous or notorious diforderly 2. m : 29. perfons, nor to maintaine the quarrells of others, nor to conceive any difpleafure againft any Judge for doing his office and juftice &c. claus 18. H. 6. dorfo. Che 30* of Auguft in the 18^ of Henry the fixth, the king fent to this lord his Comiffion in the nature of a patent of Leivtenancy, requiring him to make procla mation in the County of Glouc, for the peace of the Country to bee preferved, And to prevent all conventicles, unlawfully affembled, And to carry a watchfull eye to prevent 1463 ttife of 3|ameg the f ir# 79 prevent ryotous congregations and affemblyes ; And if fuch appear to arife, to deftroy them forthwith, leaft greater evill enfue. 3[n the 34* of king Henry the fixth, this lord James by his conge de lere, gave carta in caftro de leave to the fifters and covent of Nuns of S! Magdalens by Briftoll, to choofe them Berkelev- another prioreffe infteed of Jone Waleis their late prioreffe, lately dead : 5llnb what more I have to fay of prefentations and matters of this kind made by this lord or his Anceftors to Abbyes, Nunry es, pryory es, Chantryes, or the like religious places, of any of their foundations, I doe referr this pious family to the life of their foi : [699] Anceftor the lord Thomas the fixth of that name, where they fhall read their loffe |, in honor and profit, by thatjdifmalL and black Statute of the diffolution of monaf- ]'• teryes in the 31* of Henry the 8* and of others in. his raigne. for the extraordinary Comiffions, befides thofe annuall of the peace, wherein this lord was often imployed in divers Counties, As in railing of money by lones for the king, takinge of mufters, Arming of Soldiers, appeafing of tumults and in- furredtions, and the like, thefe following records will direct to the principall of thofe I have obferved, none of which are before mentioned ; As : pat : 4. H. 6. pars. 2. m. 8. / pat. 6 : H. 6. pars. 2. m : 16. / pat. 7. H. 6. pars . 1. dorfo. / pat. 8. | H. 6. 538 pars., 2. m. 3 . / fin. 12. H : 6. m : 13. / fines. 14. H. 6, m. 20. / pat. 14. H. 6. m. 1. dorfo. / pat : 17. H. 6. pars. 1. m. \2. / fines. 18. H. 6. m. 12. 17. / pat : 20 H. 6. pars. 3. m. 22. et. pars. 2. m. 40. in dorfo. / fines. 28 H. 6. m. 6. / pat. 1. E. 4. pars. 3. in dorfo. 3^t£ toibe£. Chig lord had three wives (if not fower) ajfood or ilLhap that had not formerly befallen any of his Anceftors from Harding the Dane. \ i Che firft was the daughter of S' Humphry Stafford of Dorfet- carta in caftro fhire, whom by the direction of his uncle the lord Thomas, hee maryed in the third de Berkelev- yeare of king Henry the fifth, with the portion of fix hundred marks, purfed by his faid uncle ; Shee dyed very young without iffue ; Howbeit an old breviat written about the 17th of Henry the 61!1 hath thefe words ; %tmt Thomas late lord Berkeley vetus manufcr : in aiell1 to my lady Dorfet and her Coperceners, and uncle to James now lord of Berkeley, in his life, tooke the faid James for his heire of all the manors comprized within 1 Forefather—" To gyve from yoiire heires that youre aids you lefte." Piers Plowman, ?• 3*4- See HalliwelL 8o Che Hibe£ of the tyztMzpg 1417 within the faid fyne, And fold his mariage twyes for a thoufand markes, and another time for one thoufand two hundred markes : whereby it may bee gathered, That this lord James had a former wife to this. Jj)i£ fecond wife, (if but three,) was Ifable the eldeft daughter of Thomas lord Mowbray, Duke of Norfolke, Earle Marfhall and of Nottingham, (who was banifhed the Realme by king Richard the fecond, in which banifhment hee dyed at Venice the 27* of Decern' in the firft year of king Henry the fourth,) and of Elizabeth his wife eldeft fifter and one of the Coheires of Thomas fit3 Alen Earle of Arundle and Surrey. | 539 comp : rec : de Mowbray 2. H. 6. in caftr. Berk : hillar : fin : 24. H. 6. in fcacio. fol: [479] Cht$ lady Ifable was firft maryed to Henry fferrars, fon and heire to William fferrars lord of Groby, in the fecond yeare of king Henry the 5* by whom fhee had iffue Elizabeth, maryed to S' Edward Gray lord fferrars and Groby, who had iffue between them S' John Gray flaine at ye battle of S' Albons in the 33^ of Henry the fixth, whofe widowe the lady Elizabeth was after maryed to king Edward the fourth : And Edward Gray their fecond fon, who in right of Elizabeth his wife fifter and heire of Thomas Talbot vifcount Lifle, was in the firft of Richard the third, created vifcount Lifle, of whofe iffue between them, I have formerly written in the life of Thomas lord Berkeley the fourth of that name. finis levat. apud 3Hnb fecondly the faid Ifable was maryed to this lord James Berkeley in the manerio de Raee^ fecond year of Henry the fixth, And continued his wife twenty nine yeares ere fhee lond. dyed, By whom fhee had iffue fower fons and three daughters, as after followeth. Efch: 11. H. 6. poft mort. Jofris Mowbray et 31. H. 6. poft mort. diet. Ifable in arce London. IBtth her this lord James had in mariage the manors of Afpley, Alfpath and fflekenho in the County of Warwicke, And fome other lands in Effex, and in other Counties, which her brother John Duke of Norfolke in the 4* of Henry the fifth conveyed to her, what time fhee was wife to the faid fferrars : S^otDbcit fhee brought further the greateft maffe of land to this family of any lady that was before her, as after will bee declared in the life of the lord Wittm her eldeft fon. fol: [518] Efch : in Com : Effex 31. H. 6. poft mort. diet. Ifabellae. dStjee was a lady of great vertue, entirely lovinge her hufband, and the children fhee had by him ; And in their diftreffes the principall flay and follower of their futes and buifineffes ; whereof noe other teftimony needeth then her tre from London to her hufband formerly mentioned, and the manner and means of her death at Gloucef', the fatterday before Michmas day in the 31* of Henry the fixth, Anno. 1463 Eife of 3[ame£ the f tigt 81 Anno. I45 2 . under the, rigorous hand of that mercileffe lady Margaret Counteffe Rot. fin. 31. H. 6. of Shroefbury, as before is touched out of the complaints of her fon Wiftm to king Edward the fourth and to his Chancellor againft the faid Margaret; And whofe Newland:pedigr. bloud, hee and her other fons after revenged in the death of her grandchild and heir ;. And lyeth buried in the Chancell of the Church of the ffryars mynorf ats gray B°rkeiey i^H^S ffryars at Glouc, which place her grandchild the lord Maurice | Berkeley in honor 540 of her memory in the 21'^ of king Henry the 8* afterwards repaired. Southing this lady Ifable, Mr Mills in his catalogue of honor hath a four fold error ; f irot in telling us That fhee was firft maryed to this lord James And after to Henry fferrars laft lord fferrars of Groby ; whereas fhee was firft the wife of the faid Henry and after of this lord James, as formerly is delivered : ^econblp in fay ing that by this lord James fhee had iffue Wittm and Maurich : whereas they had iffue between them fower fons and y three daughters, as after followeth, but none of them called by ye. name of Maurich ; neither doth the lord. Berkeley that now is, Anno . 1620 . or the lord Henry that was when Mills wrote . Anno . 1557 . difcend from any of that name ; which I would have made the printers error, but that I find it not in the errata of his booke directed to bee reformed : Chirblp by makeing this Ifable younger then her fifter Margaret, whereas fhee was the elder, and maryed longe before her fifter; Howbeit its true, That the iffue of the younger fifter was advanced in honor before th' elders, which was the fole ground not only of Mills conjecture, but of Vincents and fome other late writers alfo : EflStlp, in writing, That this Ifables hufband was the laft lord fferrars of Groby of that ftock ; whereas Henry fferrars her hufband was fon and heir of Willm lord fferrars, And dyed in the life of his father, as formerly is faid. Catalouge of honor fol : 880. Vincent fol: 346. Efch : 36. H. 6. poll mort. Edi Gray. hillar: rec: in fcacio 15. E. 4. rot: 311. Pafch : 16. E. 4. rot. 410. in banco coi. fol : [539] Che laft wife of this lord was Tone fifter to John the fecond Earle of Shroef- carta in caftro de Berkeley. bury, whom hee maryed in the end of the 35th year of king Henry the fixth, and daughter of the often mentioned John Talbot Earle of Shroefbury flaine in France five yeares before : A litle before which mariage, on the 25* of July in the faid 35* of Henry the fixth, it was agreed' between John then Earle of Shroefbury and this lord James, That hee fhould marry his fifter Jone, if foe hee the faid Earle might get an obligation of one thoufand pounds in which the faid lord James flood bound to the king, and deliver it to the faid lord James on the mariage day or before ; And that the faid Earle fhould pay to the faid lord James on the marriage day, one hundred marks, and provide his fifter her mariage apparell as may bee worfhip to him the faid Earle and to. the faid lord James and to her. And fhould bee alfo good M VOL. 11 82 Che Hibe£ of the S&erfteleno* 1417 good lord to all the Counfellors, Tenants, and fervants of the faid lord Jarfites that bee to him well willed and true : And fhall fupport him by his CounfeM in all futes 541 that bee taken againft | him. And that the faid lord James fhall make to her an eftate of one hundred and twenty pounds by the yeare for her life, And fhall bee feized the day of the mariage of all his other lands and Tents of fuch eftate as y' the faid Jone may bee dowable of them. 5Hnb to fpeake as I conceive of this mariage, It was of much pollicy in this old lord James, then in his great climactericall yeare of fixty three : for hereby hee not only gave ftrength to his own affaires, but hee weakened the. power of the adverfe party, not only by drawing from the faid Margaret her two greateft pillars, her fon in lawe and daughter in lawe, with an intelligence of her private purpofes and practifes paft and prefent, but by oppofing their endeavors againft her by expreffe covenants. *.- carta in caftro de 2£>P this Jone, this lord James had noe iffue, but after fix yeares and fower Berkeley, months mariage, hee by his death left her his widowe : And within twp months after, her fon in lawe the lord Wittm Berkeley agreed by Indenture to pay her one hundred pounds yearly for her life, in lieu of her dower and of fuch manors and carta in caftro de lands as were by her hufband conveyed to her ; And about fower years after fhee Berkeley : et maryecj Edmond Hungerford Efqf to whom the faid hundred pounds Anuity was many years paid. ^ig Wuz. 1. 3. <©f Wittm who dyed without iffue, And of £tt)aurtce his brother lord Berkeley alfo after him, and of his iffue I fhall after write in their feverall turnes, under whom this family faw, as various alterations, as in the life of this lord James had happened. Each ftate is fubject unto change, Why then to us fhould this feeme ftrange, Yea, th'eavens and earth muft paffe away And not continue at one flay. 542 2. fames' who was fecond fon of this lord James and Ifable, was, in the|floure of his youth after hee had fuffered imprisonment with his father and brethren, and been made a party to all thofe enforced conveyances as formerly is declared, petitio Wiftmi ad hurryed into France by the faid Earle of Shroefbury and lord Lifle, againft his Edrm quartum mi H^3 Eife of %amz$ the f trot 83 will, b]t the procurement of his Counteffe the often mentioned Margaret ; where with them hee was flaine the fame year, before hee tafted the fweet or foure of nuptiall fruit, And feems to lye by the body of this lord James his father in the Chappie on the fouth fide of Berkeley Church, differenced in his bearings with a file of three lambeauxes, fables, though of the transportation of his body out of France, I have found nothinge. M I I I I I I I MIUIIHUIIHH 1W1W1W 4. Chotna$ fourth fon of this lord James and Ifable, was alfo both at home and abrode in ffrance, partaker of his brother James double misfortunes, onely hee had the hap to have his life faved in that overthrow Wherein the faid Earle and his fon, in the 31* of Henry' the fixth, perifhed ; but his body was taken prifoner, And (as his brother the lord Wittm complained after to king Edward the fourth,) was put petitio predia. to ranfome importable for him to beare ; At which time hee was under nyneteen years of age : of whom, and the difcendants from him, I will inlarge my felf, (as I have formerly done in other branches of this noble family continuing to this day . 1634.) And the rather alfo becaufe this Thomas is flock-father of the Berkeleys, comonly called of Worcefterfhire, and of Herefordfhire, multiplyed into many generations ; whofe later difcents have not been foe fully infilled upon by the geneologifts of this family, as feemed due to male branches lately bloffomed from foe noble a ftocke, as this lord James and the lady Ifable his wife. Berkeley of Worcefterfhire Berkeley of Herefordfhire. Chi£ Choma$ in his fathers life time was ftiled Thomas Berkeley Af. fit Jacobi cartse cum Wiftmo Berkeley dni de Berkeley mit, And after his death, Thomas Berkeley Af frater dni ^u4nday' 2- et- 7" Wittmi Berkeley dni de Berkeley. 3fn the 34* of Henry the fixth upon the petition of this Thomas and for Vafcon. 34. H. 6 fpeedier payment of his finance, the king grants leave for three of his factors to goe with the fhip called the Chriftopher with any lawfull merchandize, and to fell the fame, and returne, and goe againe. And the year before, this Thomas and Vafcon- 33- H- 6- two of his partners had the like licence to goe with their fhipp called the Trinity of Berkeley, to Burdeaux, and there to unlode, & lode againe, & bring any mer chandize into England. | ffor his portion hee had by the feverall conveiances of his 543 father, the manor of litle Marfhfeild and divers lands in Clapton, late the lands of g^eiey. John. Edwards, and all other his lands, Tenements and hereditaments in the county of Gloucefter, which the faid lord James held in ffee fimple, whereof fome lay in Berkeley, Durfley, and Hinton : And the 13* of December in the 22* of king Edward the fourth, Wiftm vifcount Berkeley his brother and Jone his then wife, gave carta in caftro de Berkeley. . M 2 84 Che Hibe£ of the S&crftelepg 1417 carta in caftro de Berkeley. dat.4Nov. 13H.6. gave to this Thomas his brother, for his laudible fervice, an Anuity of nineteen pounds p anii for his life, whereof . 6= 1 3L 4! to bee iffuing out of his manor of Wotton, And — 12= 61 81 out of his manor of Hame. And alfo this Thomas had by conveyance from his father in the xiii* of Henry the fixth, then very younge, the manor of Daglingworth, and the moytie of the Manor of Brokenburgh, with the alternate courfe of prefentinge to the chantry of our Lady in Almondefbury, entayled upon him and the heires of his body, with remainders to his elder brothers in tayle carta cum Jone Smyth de Midleton. Humphry duke of Buckingham, by his patent dated the eighteenth of March in the 32th of Henry the fixth, made this Thomas Berkeley receivor generall of all his lands in the County of Gloucefter, Wiltefs, and Hampfhire, with the fee of five pounds p ann, And two fhillings for his wages for each day hee fhould travell in his buifinefs ; which feemes to bee upon his firft returne after hee had taken order for his ranfome in ffrance. Chi# Thomas was prefent with his two elder brothers, Wiftm & Maurice at the death of the lord vifcount Lifle, flayne by them at Nibley greene in the Tenth of king Edward the fourth, as after followeth. carta 20. E. .4. in caftro de Berk.: volunt. Marchion. Berkeley: 7. H. 7. carta in caftro de Berkeley 3 H. 8. J0ee marryed Margaret the daughter and heire of Richard Guy of Minfter- worth, heire to Phillip Waterton of Waterton in Wales, an antient family, to whom Thomas lord Berkeley had formerly given divers meffuages and lands in; Berkeley, Alkington, Hinton, and in the lordlhip of Berkeley, under the rent of 24L paid by the heires and affignes of this Thomas Berkeley to this day. 1634. 2£p her this Thomas had iffue 1 John Berkeley, 2 Thomas, 3 Richard, 4 Edward, 5 Margaret, 6 Ifable, and 7 Margery ; And dyed the fecond day of July . Anno . 1484 . in the fecond yeare of king Richard the third, as the braffe about his marble Tomb in the chancell of Berkeley Church doth witnefs, whereout twenty four years agone, I copied forth this Epitaph; Hie jacet Thomas Berkeley infignis armiger frater illuftriffimi domini Wiftmi Comitis Nottinghamiae, qui quidem Thomas obijt fecundo die Julij, Anno Domini . 1484 . cujus animae propitietur deus . Amen. I 544 carta. 3. H. 8 : in caftro de Berkeley. Rental! de Berkeley 8. H. 7. in dicto caftro. 3[0hn eldeft fon of the faid Thomas Berkeley and Margaret, by Margery his wife had iffue John and Thomas, And dyed in the 27* yeare of kinge Henry the 8* And the faid John fon of John was fervant to Anne lady Berkeley widowe, And dyed without iffue at Callowdon in the County of Warwicke in the 31* of the faid king 1463 ttife of 3fame£ the finest 85 king Henry the 8* Sllnb Thomas, brother and heire of the faid John fon of John, Moyles furvey by Suzan his fecond wife daughter of Curnocke of Cowley, (for by his firft wife caftrode Berkeley. hee had noe iffue,) had iffue two daughters, Jone and Frances, And dyed in the twentieth yeare of Queen Elizabeth at Berkeley, where hee lyeth buryed. Che faid Jone by Morgan Griffith her firft hufband, had iffue Edward, ffrances, and Blanch maryed to Thomas Barber of Berkeley-heath, by all which is iffue. And by Richard Oldland her fecond hufband had iffue Thomas and James, neither of whom are yet maryed, And Richard who maryed Jone Richards of Wanefwell, Anno . 1622. Che faid ffrances fecond daughter and coheire of the faid Thomas Berkeley, was maryed to John Smith of Middleton in Hinton, (hee yet living, blind. 1622,) y by whom fhee had iffue John Smith, Wittm Smith, Henry, Elizabeth, Margaret, Mary, Jone, Edith, and Agnes ; The faid John by Martha his wife daughter of Robert Cloterbooke hath iffue Thomas and Henry. The faid William is not maryed. The faid Henry by Jane his wife, daughter of James Bayly of Swanley, hath iffue John, Wittm, Henry, Elizabeth, and Mary. The faid Elizabeth was maryed to Phillip Wither of Littleton who had iffue Katharine, firft maryed to John Atwood of Berkeley by whom fhee had no iffue, And after maryed to Charles Jay, between whom is iffue ffrancis . Anno . 1634 . an infant very young. The faid Margaret was firft maryed to Thomas Nelme, by whom fhee hath iffue Thomas : And fecondly maried to John Nelme by whom fhee hath yet noe iffue, 1622. The faid Mary was firft maryed to Mathew Skull of Newport, by whom fhee had iffue, John, Thomas, Henry, and Nicholas ; And 2d!y to John Noote of Old- bury, by whom fhee hath noe iffue. | The faid Jone is maryed to John Hurne of Hinton, by whom fhee hath iffue 545 Sara maryed to Nathaniell Mallet. 1635. The 86 Che Htbeg of the S&er&rfeng 1417 The faid Edith is marryed to John Clutterbooke, by whom fhee hath iffue John, maryed to ffortune Lawrence, and Agnes . 1634. And the faid Agnes is maryed to James Hurne lately deceafed, by whom fhee hath iffue John, Mary, and Edith. carta in caftro de Berkeley et cum Rofrto ffowler de Alderly Ex archivis civit. Herefordiae. 546 carta cum Wiftmo Berkeley de Killrud : Richard third fon of the faid Thomas Berkeley and Margaret, (to whom his uncle Wittm Marques Berkeley by his will in the feaventh of king Henry the feaventh, gave a legacy of forty fhillings,) poffeffed part of his fathers lands in Durfley fower miles from Berkeley, where fometimes hee dwelt, which are now the inheritance of Robert ffowler of Alderley and others ; And by Margaret his wife, daughter of Dyer, had iffue 1 Richard, 2 Thomas, 3 Edward, 4 William, 5 Humphry, 6 Jone, and 7 Edith, of whom in order as followeth : jUitharb eldeft fon of the faid Rich? had iffue John, who maryed the daughter of Slead, between whom was noe iffue ; And alfo the faid Richard had another fon of the fame name of John, who was written John Berkeley of Hereford, and was twice Maior of that city, viz' in the 8* and 24* yeares of Queen Elizabeth ; And by Jone his firft wife daughter of Havard had iffue Thomas, who after dyed without iffue ; And by Margaret his fecond wife daughter of Hues had iffue, William, Humphry, Ofwald, John, Nicholas, Richard, James, Mary marryed to Whittach, Margaret maryed to — Mynors, and Ellenor maryed to — Cofby : <©f whom, the faid Wittm the eldeft fon by Elizabeth daughter of Wiftm Burghill had iffue Wittm Berkeley, now living at Killruddon in the county of Limbricke in Ireland, Anno . 1632. 3Unb the faid John Berkeley of Hereford, who (as aforefaid) was twice Maior of that city, hath his portraiture to bee yet feen in the houfe of Wittm Norman a Mercer in Hereford, pictured in an Aldermans gowne, blacke faced with Ermins, fent him, as report there goes, out of Ruffia by his fon then Interpreter between the Englifh and the Ruffian, with this infcription ; Vera effigies Johannis Berkeley gen bis quondam hujus civitatus Here ford praeturam gerentis, prius Anno Eliz . 8? poftea vero eiufdem imperij . 24'? Anno. aetatis facta . 65 . et Anno dni . 1585 . with | this motto under it fervire deo regnare eft, with the coat of Armes of this James lord Berkeley differenced by a bordure argent1; which houfe the faid Wittm Berkeley of Kyllruddon in Ireland fold to the faid Wiftm Norman ; And the ground whereupon that houfe was built was by the faid John Berkeley grandfather of the faid Wittm purchafed of John Kinge and others in the firft of Queen Mary, as by the deed appeares. Chomag 1 We cannot gain any intelligence of this portrait. [Ed.] 1463 Hife of 3(ameg the f ie^t 87 Choma^ Berkeley the fecond brother of Richard fon of Richard fon of Thomas Regiftrm civitat Berkeley, was of Allenfmore in the jurifdiction of the deanry of Hereford, And dyed in the 4* and 5* of Phillip and Mary, As by the adminiftration of his goods then comitted to Anne his wife appeares, Of whom I find noe iffue ; Neither have I found any iffue of <£bh)arb his next brother. JDiflni Berkeley 4^ brother of the faid Richard, fon of Richard, fon of Thomas Berkeley, dwelled in Hereford, And was' in the 35th of Henry the 8th Anno Dni. 1545 . Maior of that City ; And by Elizabeth his wife had iffue fifteen fons and daughters, viz! 1 Richard who dyed without iffue, 2 Robert who alfo dyed without iffue, 3 Wiftm who had iffue George who dyed in the eaft Indies leaving a fon yet living, 1634. 4 Henry, doctor of the civill law and a mafter of the Chancery, who dyed without' iffue, whofe originall will dated in May in ye 26* of Eliz : 1584 I have feen, fealed with Berkeleys ten croffes ; 5 Thomas who alfo dyed without iffue ; 6 John Berkeley fometimes a fellow in New Colledge in Oxford, from whence hee went to Ipfwich where hee dyed ; 7 Edward Berkeley a mercer in London and a benefactor to that company, whofe Efchochen, (the Berkeleys ten croffes,) is fet up in the hall at Mercers chappie in London, and dyed without iffue ; 8 Rowland Berkeley, (of whom after,) Leonard Berkeley who dyed w*out iffue, Margaret maryed to Richard Bramwich and fix other daughters. Che faid Rowland Berkeley the 8* fon of the faid Wittm the maior of Here ford, dyed at his manor of Specheley in the County of Worcefter the firft of June in the ninth year of king James Anno Dofn . 161 1 : whofe monument is in the chancell of that Church ; Howbeit his funerall was the 18* of the next month folemly folemnized at the | Cathedrall Church in the City of Worcefter, where for 547 the moft part hee had lived, Chefter Herald then prefent marfhallinge the funerall, in prefence of Wiftm and Robert his two eldeft fons, his executors : Howbeit I am 1; bold in love to truth, with reverence to the memory of learned Campden, to write ; That in his regifter booke of certificates of funeralls, fol . 330 . remaining in the office of Armes at London, (a place much to bee honored,) is a miftake in the gene alogy of this Rowland Berkeley, the rather here foe precifely by mee purfued for rectifying the error therein recorded.1 This Rowland Berkeley maryed Katharine daughter 1 Through the courtefy of Stephen Tucker, Efq., Somerfet Herald, we are enabled to annex a copy of the Funeral Certificate referred to in the text, but we do not fee any difcrepancy between it and the Author's ftatement. In the recorded Pedigree (1. 16, fo. 330) however there are fome few flight difcrep- ancies, e.g. Rowland Berkeley is fhewn to have married .a .daughter of Heywood, inftead Hayward, arid Mary, the daughter of Rowland, is ftated to have married Wyn, inftead of Mynne. Regiftrm civitat Hereff. cm maiore ibm. voluntas Henrici cum Rob'to Berkeley mitte. 88 Che fttbeg of the SSernefeng Hi 7 daughter of — Heyward by whom hee had iffue fix fons and nine daughters ; whereof Wiftm the eldeft fon was high Sheriffe of the County of Worcefter in the 14* of Kinge James : 5lnb Robert Berkeley fecond fon of the faid Rowland was in the life time of his father, called to the degree of an vtter Barrifter in the Midle Temple, my felf then and fome yeares after of the fame fociety : And in the 1 2* year of king James was high Sheriffe of the County of Worcefter, two yeares before his eldeft brother ; After which office in the minifteriall part of the lawe expired, hee returned to the Midle Temple, where hee foe enabled himfelf for the juditiall part, That in Michalmas Terme in the firft yeare of king Charles, (then by reafon of the plague in London held at Readinge,) hee was called to the Bench amongft the Readers of that houfe, And defigned to read in the Summer following; which done, in Efter Terme in the third year of king Charles, hee was made Serjant at lawe, And the fame Terme one of the faid kings Serjants, And then alfo honored with knighthood by his Majt:.e And in Michaelmas Terme in the eighth of that kinge, was made one of the Judges of his Majt!.es Court of kings bench : The faid ST Robert Berkeley maryed Elizabeth one of the daughters and Co-heires of Thomas Coniers Efquier, difcended of the family of the Coniers of Sackborne in the Bifhopricke of Durham, whofe bearing I take to bee, A manch or in a feild Azure ; By mariage with his faid wife hee had, (inter alia,) an houfe and lands in Eaft Barnet in the County of Hertford, ten miles from London, whither in vacation times hee often retireth himfelf. €btoari» Rowland Barkeley De Spechleyin com Worcefter obijt (1) Die Junij 161 1 (8) Jacobi R>s. Angl : ffr et hibnie et Scotie (44) his bodye buried the 2 June att Spetchely his funerall folemnized July 18. 161 1 att the Cathedrall Churche in the citie of Worcefter. Chefter Herauld prefent, William Barkeley and Robert Barkeley his (2) eldift fonnes Executours. Ro : Barkeley. (I 10,205.) The Arms exemplified are : Gu. a Chev. betw. ten Croffes ar. differenced by a Crefcent furmounted by a mullet. Creft a bears head Couped ar. muzzled gu. Extracted from the Record now remaining in the Herald's College, this 21 July, 1883. Stephen Tucker, Somerfet Herald. Rowland Barkley, only fon of William eldeft fon of this Rowland, born 16 13, was knighted at Worcefter, 30 June, 1641, and was nominated by Charles II one of the Knights of the Royal Oak. He married Dorothy daughter of Sir Thomas Cave, Knt., of Stamford. Robert, fecond fon of the above mentioned Rowland, became one of the King's Serjeants at Law, as ftated in the text, and was knighted 14 April, 1627. [Ed.] 1463 Stife of %amz$ the f ir£t 89 dEbtbarb, ^Ohn, ^enrp, and C^omajBf, the third, fourth, | fifth, and fixth fons of 548 the faid Rowland Berkeley, have theire names onely here mentioned by mee. <©f the forefaid nine daughters, Dorothy is maryed to Thomas Wild; Katharine is maryed to Wittm Worfeild ; Elizabeth is maryed to Rob1 Crofby ; Ellenor is maryed to ffrogmere : Jane is maryed to Stinton ; Jone is maryed to Henry Bright ; Mary is maryed to Mynne of London ; Anne is maryed to Thomas More ; And Joyce is maryed to Newton of London, of whom is a numerous pofterity. ^limphrp Berkeley fifth brother of the faid Richard fon of Richard fon of Thomas Berkeley, was a profeffed Monke in the monaftery of S' Peter in the City of Glouc. at the time of the diffolution thereof; To whom king Henry the 8* the Irr: in Curia tenth day of February in the 31s' of his raigne granted an yearly penfion of eight AuSmentac: pounds for his life, which hee received till the 14* year of the raigne of Queen Elizabeth ; And is beleeved by many to have outlived all of the like Monkifh penfioners in England. <©f Jone and Edith fifters of the faid Humphry, I can fay nothing, fave that I here conclude with them, the, iffue of the faid Richard Berkeley third fon of Thomas Berkeley youngeft fon of this lord James and of the lady Ifable his wife. <©f Edward fourth fon of the faid Thomas Berkeley and Margar' I can fay nothing, fave that Margaret, eldeft daughter of the faid Thomas and Margt was maryed to Shipward gent., an honeft and carefull Agent in all the waightieft buifineffes of Maurice lord Berkeley the fixth and laft of that name, efpetially whilft hee lived at Calais, as many of his tres in Berkeley Caftle written to that lord doe plentifully diverfa muniment witnes, which declare him to bee, as I here deliver him ; who had' iffue between m caftr0 de Berk : them Shipward father of | Maurice, father of Maurice and Wittm, which 54^ Maurice was of Alvefton, and dyed without iffue about the twentieth year of the raigne of Queen- Elizabeth leaving the faid Wittm his brother and heire ; which Wiftm had iffue five fons and daughters, viz? 1 Maurice Shipward of the City of Weftinfter, father of divers children ; 2 Wittm who by Elizabeth the daughter of Anthony Halfe EfqT is alfo father of divers children, 3 Giles Shipward, 4 Elizabeth, and 5 Ellenor. Stable N VOL. II 90 Che Hibeg of the 25erftelepisf 1417 3f^abfe fecond daughter of the faid Thomas Berkeley and Margar? (to whom her uncle Wiftm Marques Berkeley in the feaventh of Henry the feaventh gave a legacy of twenty markes,) was in the third yeare of king Henry the 8* maryed to Humphry Lluellin gent, fon and heire of Wiftm lluellin of Pucklechurch gent, between whom was iffue John ffluellin, [ficj who by Anne his wife daughter of John Atwood had iffue, Wittm, and Hugh.,: which Wittm by Cicely his wife daughter and heire of Robert ffrize of Pucklechurch had iffue Chriftopher, Agatha, Ellenor, Anne, and Mary. t The faid Chriftopher by Anne his wife, daughter and heire of John Burnell of Wefterly, had iffue William, who by Anne his wife daughter of John Brittaine of Bitton hath iffue William, John and fower daughters. The faid Agatha was maryed to Wittm Organ of .Wefterly and hath iffue John and George. The faid Ellenor was maryed to John Gregory of Wike, who had iffue Wiftm lately dead without iffue, and Walter who had a fon. And the faid Mary was maryed to John Mayo who have iffue John Mayo, and a daughter called Elleanor, maryed to Wiftm Buckle. The faid Hugh ffluellin brother of Wiftm, fon of John, had iffue Wittm, of whom is iffue. 7 Jifl^argerp youngeft daughter of the faid Thomas Berkeley and Margaret, (to whom her uncle Wittm Marques Berkeley by his will in the 7* of Henry the feaventh gave a legacy of five marks,) dyed, as I conceive, w*out iffue ; And thefe carta in caftro de three daughters Margaret, Ifable, and Margery, had, by the conveyances of their RoSffowler™ father and Mother> divers lands and remainders in tayle limited to them in Berkeley Alderly. and Durfley &c, Hitherto of the faid Thomas and his iffue, fourth fon of this lord James. 550 carta in caftro de Berkeley. 5. <£ft$abeth, eldeft daughter of this lord James and Ifable his wife, was | in their life times maryed to Thomas Burdet of the County of Warrwicke EfqT And had two hundred pounds for her mariage portion, And from her hufband forty pound Joynture pf ann ; which Joynture land was entayled to them and the heires of their two bodies, as the Deed it felf dated on thurfday after S? Katharines day in 1463 Eife of 3[ame£ the f ir£t 91 in the 27* of Henry the fixth doth witneffe, A litle before which time they were maryed : And for any thing I yet underfland fhee dyed without iffue. 6. "J^ablc, the fecond daughter of this lord James and Ifable, was maryed to Wittm Try of Hardwike in the County of Glouc, Efq>. to whom by deed dated the 18* of Auguft in the 16* of king Edward the fourth, Wittm lord Berkeley her carta in caftro de Berkeley. brother granted an yearly cheife rent, (which the lord George Berkeley receiveth at ' w-*fa this day, 1628,) of forty fhillings paid him by the faid Wittm Try and his Anceftors TrydeHardwike. out of certaine lands and woodground called Inwoods in Stinchcomb within the parifh of Came ; To hold to the faid W? Try and Ifable his wife in part of pay ment of three hundred marks, (the like portion to her elder fillers,) untill the fame bee paid, according to the will of James lord Berkeley his late father, as the mariage portion of the faid Ifable. This Wittm Try dyed in the 13* yeare of Henry the feaventh, whofe office then found fheweth. That the third of September in the 2 1* of Edward the fourth hee had enfeoffed her brother Thomas Berkeley and others of his manor of Park- court in Hardwike, To the ufe of himfelf and Ifable his wife and of the heirs of their two bodies, And that fhee was now dead : Howbeit fhee was livinge in the fourth of Henry the feaventh, when by the kindnes of her faid huband, her Joynture was further enlarged with his lands in Beoly and Clehungre in Berkeley hundred. This Wittm Try was difcended from Sf Robert Berkeley fecond fon of Maurice Rec^ in banco : lord Berkeley the fecond of that name, as in the title of his iffue is to bee read, H ? 10t from whofe conveyance came the faid lands in Beoly and Clehungre, and the forty vejius manufcr. in fhillings rent charge out of Vley there mentioned, which that family poffeffe to this vide fol : [177] day, 1620. The faid Wittm and Ifable Berkeley had iffue John Try, who dyed without iffue, and Wittm Try, who by Anne his wife, daughter of Thomas | Bainham and widowe of Mr Clifford, had iffue Edward Try, and Thomas Try of Callowdon, a wife and faithfull fervant to this family, of whom much is after written, And dyed in the 16* of Henry the eighth. The faid Edward Try fon of Wittm and Anne, by Sibill his wife, had iffue John Try, Arthur, and George, which Arthur and George dyed without iffue ; And Wittm N 2 551 92 Che £ibe£ of the 25erMep£ Hi 7 Wittm Try of Pucklechurch, who by Cicely his wife daughter of Whitokefmead, had iffue Sibill maryed to Henry Denis, and Anne maryed to Roger Kemis of Wickwicke ; and the faid Edward had alfo iffue Katharine maryed to Hugh Denis of Pucklechurch, of whofe iffue fee after ; And the faid Edward dyed in the 18* of Henry the 8* The faid John Try by Elizabeth his wife daughter and coheire of Mr Gurney of Suffolke, had iffue John Try, Edward Try that dyed without iffue, Anthony Try, Anne, Elizabeth, and Katharine maryed to Mr Serjeant of Stone. The faid John fon of John by Margaret his wife daughter of Mr Skipwith had iffue, Wittm, Henry dead without iffue, Thomas, Peregrine, John, Edward, Suzan, Elizabeth, Margaret, and Frances. The faid Wittm eldeft fon of John maryed Mary daughter of Sr Edward Tirrell knr, by whom hee had iffue Wittm, Henry, Edward, John, Frances, and Mary ; And was in a private quarrell flaine at Gloucefter, Anno 8. Jacobi. The faid Thomas third fon of John maryed Vrfula daughter of Mr Fofter, by whom hee had iffue, Wittm, Elizabeth and ffrances. The faid Peregrine, fourth fon of John, is" yet unmaryed ; Anno . 1618. The faid John the fifth fon, maryed Elizabeth daughter of John Chambers of Trefham, by whom hee hath iffuq, Thomas. The faid Edward the fixth fon maryed Millicent then attendant on the lady Elizabeth Berkeley widowe ; At what time alfo the faid Edward was her gentleman vfher, And have iffue, 1628. Suzan and Elizabeth are yet unmaryed . 1620 . Margaret is maryed to M. Drayner of the Inner Temple, And ffrances is dead without iffue. | 552 The faid Katharine fifter of the faid John Try fon of Edward was maryed to Hugh Denis of Pucklechurch Efqr by whom fhee had iffue Henry that dyed with out iffue, John, Walter not maryed, Anne maryed to Mr Petit and have iffue, Cicely not maryed, and Audely maryed to Mr Bryers of Coventry ; ffrances maryed to Mr Thomas 1463 £ife of SamejS the f irj« 93 Mr Thomas Ligon of Elfton, and have iffue, Thomas Ligon, Wittm, Richard, John, and Katharine maryed to Mr Jerrat, who have iffue ; And Jone dead without iffue, and Alice firft maryed to Mr Brokefby and after to Mr Berry, who alfo have iffue. John Denis brother and heire of Henry, fons of the faid Hugh and Katharine, by Ellen his wife daughter of Thomas Millet of Sowe hath iffue henry Denis, who hath maryed Margaret daughter of Sr George Speake and have iffue ; Wittm Denis not maryed, Cicely maryed to Wittm Guyes fon and heire of Sr Wittm, and have iffue, And Katharine not yet maryed . Anno . 1624. 7. Stlicc third daughter of this lord James and Ifable his wife, was maryed to carta irr : in Cane: Richard Arthur of Clapton in Somerfetfhire near Portbury, and had iffue John and banco eode anno Ifable ; which Ifable was firft maryed to Mr Stanfhawe, And after to Mr Harrifon, Term Mictiis rati. both whom fhee furvived, And as I take it, dyed without iffue. See fo : The faid John Arthur fon of the faid Richard and Alice, by Margaret his wife daughter of John Butler of Badmington, had iffue Thomas, and Margaret maryed to Roger Porter in the 22* year of Edward the fourth, of whom after. The faid Thomas Arthur by the daughter of Mr Shipman of Briftoll had iffue, whereof many remaine at this day. The faid Margaret maryed to Roger Porter had iffue Arthur, who by Alice daughter of John Arnold had iffue Thomas Porter of Lanthony by Glouc : knight, Tacy maryed to Edward Oldifworth, Ifable maryed to Giles Codrington, and Bridget maryed to Chriftopher Bainham of Clowerwall. The faid Sr Thomas Porter, by Anne daughter of Richard Denis of | Sifton, 553 had iffue Arthur Porter knight and others, of whom fee after in the iffues of Maurice fol : [625] the fifth, third fon of this lord James. The faid Tacy maryed to Edward Oldifworth had iffue Arnold Oldifworth late Clark of the Hanaper, who by Lucy his wife daughter of ffrancis Barty a ffloren- tine gentleman of a noble family, had iffue Edward maryed to Elizabeth Mailers late of Cirencefter, by whom hee hath iffue Bridget ; Michaell Oldifworth Secretary to the Earle of Penbroke lord Chamberlaine, and Elizabeth maryed to Alexander Bainham of Weftbury by whom fhee hath iffue. The 94 €he Eibejf of the 2&rMepg 141 7 The faid Ifable maryed to Giles Codrington had iffue ffrancis Codrington of fframpton upon Seaverne, Richard Codrington of Dodington, and Cicely maryed to Wittm Rufwell of Dunkertdn in Somerfetfhire. The faid ffrancis Codrington by Mary his wife daughter of Sr Nicholas Poyntz had iffue Margaret, firft maryed to Edward Bromwhich of Frampton upon Seavern, And fecondly to John Sydnam ; of whom fee more in the life of the lord Thomas fol: [683] the fifth. The faid Richard Codrington brother of ffrancis, by Joyce his wife daughter of John Burlace Efcfe, hath iffue Samuell, who hath maryed Elizabeth daughter of Thomas Stephens of Lippiat Efqr and fifter of Edward Stephens of Sodbury, Efij (farmer alfo of the impropriate Tythes of Berkeley Rectory,) Richard, Robert, Wittm, Giles, Anne, Elizabeth, ffrances, Joyce, and Ifable Codrington ; Of whom the faid Ifable is maryed to Samuell eldeft fon of Chriftopher Stokes of Stanfhawes by Sodbury gent. And the faid Bridget was maryed to Chriftopher Bainham of Clowerwall, who had iffue George Bainham, dead without iffue. $ ig £ealeg of %tmz$. Cf)i£ lord James in his firft acceffe to his Barony fealed with the Cheveron and ten croffes cornerwife, the two mairemaydes fupporters, and the helmet and myter 554 for creft, (the miter not charged,) circum | fcribed, figillum Jacobi domini de Berke ley ; And afterwards, upon what grounds I find not, the miter was charged with the croffes alfo ; And the circumfcription of that feale was figillum Jacobi domini de Berkeley militis, in other things agreeing : both of one bredth of two inches and an half diameter, without any reverfe or privy feale on the dorfo : Behold the refem- blances. The mitre is fhewn charged in the feal as " tricked " by the Author. Seefacfimile. [Ed.] H63 life of %amz$ the f irgt 95 pg beath anb place of buriaK. Che 22* of Oaober in the third yeare of king Edward the fourth, it was agreed between this lord James and the often before named Margaret Counteffe of Shroefbury, That they would thenceforth ceafe Ante's & the refidue of their lives live in reft and peace togeather ; And that either of them fhould enjoy fuch manors lands and Tenements in fuch fort and form as either of them then held and were poffeffed of, without interupting one of the other. 3Ht this time was the lord James of the age of . 69 . years and upwards, and the faid Margaret about fifty and two ; Neither of whom* fince. their ages of difcretion having till that time enjoyed any three months of freedom from lawe fuites : And with this peace enters the everlafting peace of this lord James, an honeft humble and juft lord ; for within thirty fix days after, hee dyeth at Berkeley Caftle in the end of November Anno . 1463 . where hee had lived all his life time fince his unckles death ; And lyeth buryed under a fair tomb of alablafter beautifyed with the Efchucheons of his Armes in y? Chappie on the fouth fide of the high Altar in the parifh church of Berkeley, which Chappie himfelf formerly had built, then entred into | the feaventieth yeare of his age, whereof hee had fit lord forty fix years fower months and about twelve days. carta in caftro de Berkeley. Rot. fin. 3. E. 4. m. vlt. Newl : pedegr : in caftro de Berkeley. claus: 3. E. 4. m. Ne wland pedegree faith hee dyed. 1462. but falfly. vlt : vol : wiffi Marchion Berkeley . 7. H. 7. 555 And now Gods holy angells are attendinge To crowne him with thofe joyes that know noe endinge. <©f whom this teftimony is juftly tranfmitted to his pofterity ; That amongft all the generations of his houfe before and after him, none is found to have walked more with God in a vertuous and harmleffe life, not once obferved to have flipt into diforder, vice or paffion ; much refembling the pious part of king Henry the fixth his life, in whofe raigne the greater part of this lords life ran out. 3Bnb in the uneven parrallell between this lord and the lord Wittm his eldeft fon, is verifyed, That parents beget the bodyes, not the minds, nor manners of. their children ; for two more diffenting from the cradle to the grave are not to bee found in the wholl catalogue of their generations, as by their lives appeareth. That hee made a will it is apparent by the deed of his daughter Ifables mari age, but to have been proved of record I find not in any place Contra 96 Che £ibe£ of the 2$erftelepg 141 7 Contra vim mortis non eft medicamen in hortis ; Noe herbes do growe in any mould Gainft ftroke of death that can bee found : The graffe that grows, to-morrow's hay, And man that's now, affoone is clay. Che lanbg toftereof hee tyzb geijeb. By the death of this lord James difcended to the lord Wiftm his eldeft fon, The manor of Berkeley burrowe The manor of Hame The manor of Appleridge The manor of Alkington The manor of Hinton The manor of Hurft The manor of Slimbridge The manor of Came The manor of Daglingworth The manor of Upton S! Leonards The hundred of Berkeley j 556 The manor of Portbury and Portefhead, with the hundred of Port bury, in the County of Somerfet. pat:s. E. 4. pars.i. And certaine lands in the County of Hereford, as his pardon for intrufion fhewes. > m : 22. In the County of Glouc. All the refidue of his antient patrimony were othe[r]wife fcattered and entred upon, as his life in part hath declared, And now further follows to bee fpoken of in the life of the lord William, his eldeft fon. Che application anb u$z of hig life. The ufe i. Che power and malice of the adverfaries of this lord James kept him for the moft part within doors like a prifoner, from youth to age, as his life hath declared : That malice God turnes to the fafety and prefervation not only of him felf but of his pofterity alfo ; freed thereby from adluall fidinge with either of the two royall houfes of Yorke and Lancafter, all this lords time by the eares for the Crown : wherein noe other family of like eminency to this is found that deeply fuffered not in the alternate fortunes of thofe two houfes, ^through the various fucceffes of their Armes : Soe the more oppreffed, the more preferved ; the more dejedled 1463 £ife of %amz$ the f irgt 97 dejected, the more bleffed was this lord, and in him, his pofterity : A ftrong con- fideration, raifing his difcendants to joyne in Chore with the angell and that multitude of heavenly foldiers with him, in that celeftiall himme of alleluiah recorded by Sr Luke. Glory bee to God on high . &c. who in his bleffed provi- Luke. 2. vers: 13. dence turned the evill of this lords reftraint, wrought by malice and greatnefs, to I4' the prefervation of himfelf and his pofterity, as farr as humane wifdome may divine : whereby hee and his in their fucceffive generations are invited to double and | treble 557 the remembrance and acknowledgment of that benefit and prefervation : A prefer- vacon which the able and active fons of this lord make more remarkable, not otherwife then by this reftraint to have been reftrained from diverfly pertaking in unnaturall Armes with either of thofe two houfes, to the mutuall unfheathing of their fwords againft one the other, as the fequell fhewes their feverall affections would have driven them ; And as often and againe happened amongft brothers and parents in thofe inteftine warres, which divided not the kingdome alone and Counties, but Cities alfo and private families. 2. 3Unb againe let the example of this lord, (Then whom, non illo melior quifquam, nee amantior sequi, none more juft in words and deeds in all his genera tions,) affure his pofterity, That howfoever through the power of time they may wrongfully fuffer for a feafon, as this lord longe did, yet God the juft re warder of every man according to his works wilHn due time give deliverance, as hee did to him ; And that godlynefs of life hath the promife both of good things in this life, and of better in the life to come, from the mouth of him that lyeth not : And there fore let. this lords pofterity allways inveft themfelves with a prudent patience, as with an individuall companion, and Counfellor, which ever atcheiveth that fair victory whereat honeft ends are levelled. 558)559 } blank 56o) 0 VOL. II ©fje Cife of tDilltam ittarques fikrkeleg Che life of Wittm lord Berkeley the firft of that name, ftiled in writings, Wittm Berkeley knight ; 9Unb Wittm Berkeley of Berkeley kn4. ; 3tnb Wittm lord Berkeley ; And Wittm lord Berkeley vifcount Berkeley ; And Wittm Earle Marfhall and of Nottingham. 3tnb Wittm Marques Berke ley ; 3lnb after the 4* of king Henry the 7l> his ftile was, Wittm Marques Berkeley, Earle Marfhall and of Notting ham, great Marfhall of England, vifcount Berkeley, lord of Berkeley, lord of Mowbray, and Segrave, and Baron of Bedford ; with thefe and the like words in Indentures and dedications fet before his ftile ; As, Between the . &c. or, Co the right high mighty and noble lord, Wiftm Marques Berkeley, Earle . &c, as before. SILnb may bee called Wittm the waft all. Contctnporarp, with Edward the fourth, Edward the fifth, Richard the third, and Henry the . 7* from . 1463 . till . 1491. Che life of this lord I doe prefent under thefe twelve titles, viz1. 1. — ^i0 birth and education, fol : 562. 2. — J^ijS acceffe to honor and offices, fol : 563. 3. — j^ijS lawe fuites with the death of the lord Lifle at Nibley greene, fol : 564. 4. — 3$ftat lands this lord was at one time feized of, fol : [586] 5. — JjjJig alyenations and faies of lands, fol : [590] 6. — J^ijf Almes and devotions, fol : [597] 7. — j^ijS mifcellaneae or various paffages, fol : [601] 8.— JS#£ wives, fol : [604] 9. — |pi«sf feales of Armes, fol : [613] io.— ^ij$ death and place of buriall, fol : [614] 11. — Che lands whereof hee dyed feized, fol : [614] 12. — Che Application and ufe of his life, fol : [617] | $t£ 561 o 2 IOO Che Eibeg of the 25erfteiep£ 1463 562 J)i£ birth anb rbucation. ^^^t^tS lord Wittm, eldeft fon of the lord James and of the lady Ifable his \^ wife, was born at Berkeley Caftle in the 4'!* yeare of king Henry the fixth, Anno. 1426, And there bred up with his parents, who then had not any- other removinge houfe. Repl: Wittmi in 3lbOUt the . 1 3* of his age hee betooke himfelf to the fervice of Henry Bifhop anc. . .4. Qj. wrinchefter and Cardinall, with whom at that time in the 17* of Henry the fixth, hee went over fea to Calais ; And not longe after his returnee before full age, Carta in caftro received the order of knighthood ; At what time his father gave him the manor of Portbury and all his lands in that County of Somerfet for his maintainance ; At the death of his father hee was of the age of thirty eight years and unmaryed. \ Chig lord Wiftm clofeth the fecond feptenary number from Harding the Dane ; and much differing from his laft anceftors as the lord Thomas the firft feptenary lord did from his fix former forefathers. IBhilo the Jewe de legis Alleg: lib. 1. Hipocrates. Bodyn de republica lib. 4. cap. 2. 'fee the practize of ;piety.fol:4i8. 410. Cenforiu de die natali. cap: 12. Seneca : varro in Gellius, lib. 3. Bucholcer. Jerom:inAmos.S. % toill not bee fuperftitioufly opinionated of the mifleries of numbers, though it bee of longe Handing amongft many learned men ; neither will I poffitively affirm that the number of fix is fatall to weomen, and the numbers of feaven and nine to men : <©r, that thofe numbers have, (as many have written,) magnam in tota rerum natura poteftatem, great power in kingdoms and comon wealths, in families, ages of bodies, ficknefs, health, wealth, loffe, &c : #r, with Seneca and others, feptimus quifque annus, &c, Each feaventh year is remarkable with men as the fixth is with weomen ; #r, as divines teach, That in the numbers of feaven there is a mifticall perfection which our underftanding cannot attaine unto ; And that nature her felf is obfervant of this number. $Ut hee that marketh well the difcent of the generations of this perticular vide fol: [184] family fhall find in their feptenary numbers extraordinary men and extraordinary changes : The firft, a man of men, the very Salomon of his age, as his life hath declared : Che 1491 *ife of JEiHiam at)aro.ueg 25erMen ioi Che relation of this lords life, (taking in what hath been already faid of him 563 in the life of his father,) will raife an opinion, That hee was a caufeleffe re|pudiator 1. of his firft wife ; 3Un unaturall contender with his own father ; % fhedder of inno- 2. 3. cent bloud in the time of peace ; 3Un irreconciliable hater of his brother and heire ; 4. 3d difinheriter of his race and family ; 31 confumer of the fower baronies of Berke- 5. 6. ley, Mowbray, Segrave and Bedford, and of half the dukedome of Norfolke ; v % man above meafure ambitious ; % frequent leader of ungratious multitudes in 7. 8. night fallyes and inrodes upon his adverfaries tenants and fautors ; 3Hnb exalted 9. in honor and dignities above all his predeceffors ; Quod nova tefta capit, inveterata fapit, vices grafted in the bones, are like to flick faft in the fiefh : But, Happy his eftate above the fate of Kinges, That could but truly know the caufe of things. And, Right happy doe 1 count that man, Of things, the reafons give that can. tyx$ accede to honors anb office^. *3In November in the third yeare of kinge Edward the fourth, by the death of his father, hee became lord Berkeley as hath been faid ; And at ye parliament in Rot. claus : 6. E. the fixth of Edward the fourth was rancked the fourth baron in the roll. 4" in arce londini' Che 21* of Aprill in the 21* yeare of king Edward the fourth, (not the twen- Catalog: of Honor tieth yeare as M' Mills faith,) hee was created vifcount Berkeley, by the name of f* y '' . cart : de anno 15. fidelis miles nofter, to him and the heires males of his body, without fee ; Howbeit E. 4. vfqz 22. m. 6. there is a faire deed under feale in Berkeley Caftle dated the tenth of Aprill in carta in caftro de the fifteenth yeare of king Edward the fourth, made by Wittm vifcount and lord Berkeley. Berkeley, which as I reject not, foe I may not approve it. 2tnb the & of March in the 23* yeare, the fame king made him one of his Pat= 22- 23- E. 4. ,. tii/ !Pars- 2- m- 2- m privy Counfell; And for his better attendance thereat, gave him one hundred// va rotulo. marks p ann, out of the fubfidyes of London and Briftoll, during life. Che 28* of June in the firft yeare of king Richard the third, the 6* day after that kings coronation, hee was created Earle of Nottingham to him and the heires males of his body, with the yearly fee of twenty pound out of the Sherifwicks | of 564 Nottingham and Derby. Che 26* of Oaober in the firft yeare of King Henry the feaventh, hee was pat: 1. H. 7. ps. 3. created Earle Marfhall at the kings pleafure, with twenty pound fee. Che 102 Che =£ibeg of the Sfcerftekno' 1463 Che 19* of February next after in the fame firft yeare of Henry the feaventh, hee was created Earle Marefchall and great Marefchall of England, to him and the heires males of his body, with twenty pound ffee ; And by reafon of a miftake in thefe tres patents about the faid fee of twenty pound, (as I take it,) had a new grant, the . 17* of ffebruary in the fifth of Henry the feaventh, of the fame dignity. memor. Sccii. Che 2 8* of January in the 4* of Henry the feaventh, hee was created Marques Prot \ exparte Berkeley, to him and the heires males of his body, with thirty five pound ffee out rem. regis, of the leffer cuftoms of London. cart. 4. H. 7. m. 13. cart, fubfigillo in caft. de Berkeley. carta in caftro de Berkeley. pat: 5 E. 4. pars. 1. m : 22. ]j^0 latoe £uitcs\ f)auhlgc compounded with his motherinlawe the lady Jone, and thereby drawn into his own poffeffion all the mannors and lands which fhee was to have held in Joynture and dower, which was one of his firft and wifeft works after the death of his father, (wherein hee found her kind above the comon condition of ftepmothers), as formerly is declared, His next was the procuringe of a pardon and releafe from king Edward the fourth for his intrufion into the Caftle of Berkeley and other his lands difcended unto him after the death of his father, in the Countyes of Glouc, Somerfet, and Hereford, and of all debts, Accompts, fynes, forfeitures, amercia ments, and other demaunds, which had any manner of ways before that time accrewed to the kinge ; which bearing date the ninth of March in the fifth of that king, hath a marginall note in the originall record, (vacat quia aliter in anno quarto,) But in that fourth yeare, it is not now to bee found. Rot. fin. 3. E. 4. in vlt. 565 3Hnb though a writ of diem claufit extremu. was within ten days after his father James death, fued out by him the fifth of December in the third yeare of king Edward the fourth, direcled to the Efcheator of | the County of Glouc, yet noe Inquifition was thereupon taken, through the controverfies which forthwith upon the lord James death began the ftream afrefh between this lord Wittm and the faid Margaret Counteffe of Shroefbury, (two mercileffe natures not unevenly encoun- tringe,) which omiffion drave this lord Wittm to the forefaid pardon ; which done, and havinge thereby fet his eftate recTus in curia, hee foone turned himfelf by a contrary courfe upon the faid widowe, malitious Margaret Countefs of Shrewfbury, whofe mutuall hatreds each to other, ended not before their breaths : Againft whom vetus manufcr. in hee exhibited a petition to king Edward the fourth by the name of his Alder liege- lord, Shewing therein, how that hee, (this L* Wittm,) ought by right to have and inherite the manors of Wotton, Symondfall, Cowley, Newleyes and Sagiflond ; And caftro de Berkel : i49* tUfe of IBiHiam fl^arqueg? 2£>erftelep 103 And how that the late Earle of Shroefbury and the Lord Lifle his fon, (fince dead,) and the faid Margaret his Countes, tooke his father, his brethren, and himfelf by their practice with one Rice their fervant and porter, in their Caftle in the night time, and there imprifoned them in places apart, And conflrained them to feale writings and acknowledge Statutes to fifteen thoufand pounds and more ; And alfo tooke and imprifoned the wife of the faid James in Gloucefter Caftle, to which time fhee by Dures of imprifonment there dyed : (then follow divers lines worne out with wet,) And therefore beinge not to bee helped by the Uridines of the laws, prayeth that his Judges and other learned of the lond by his authority may call the faid Countes, and heare & determine their interefts and rights ; And hee will bee ready to ftand to and abide their order therein ; Thus that old writinge. 3[t may feeme, that the king referred over the confideration of this petition to vetus manufcr: in the lord Chancellor, to whom the faid Counteffe (upon notice) addreffeth herfelf by caftrodeBerkeley- her counterpetition ; And by way of recrimination greevoufly complaineth of the great and manifold wrongs offered to her and her tenants of Wotton, Symondfall, and other lands by this lord Wittm, who (faith fhee) without any title or caufe of right, with many riotous people, brake into her manor houfe of Wotton, fawed the great window timber and pofts afunder, razed the walls, iron works and windows, carrying away the barrs and goods of her hufband and felf and her fon to a great value ; for fattisfaction whereof Statutes were given which yet in fubftance^ are un paid : for which forcible entry an a6lion upon the ftatute of Richard the fecond was brought, and a recovery therein had ; but the faid Wittm lord Berkeley, neither dreading God, the kinge, | the breach of his lawes, nor the wrongs nor oppreffions 566 of the kings leige people and fubjedls, dayly vexeth and troubleth her, in forbidding her rents, woodfales, and other profits of the faid manors, and menaceth her officers, fervants, and tenants, that they dare not imploy themfelves in her fervice ; Soe that fhee can neither have her debt of him, nor enjoy her lawfull old inheritance, And therein prayeth releefe : hereto this lord Wittm maketh a kind of remonftrance, fhewing f. his father ^^g^ and mother, himfelf, and his brethren, have fuffered as great injuryes and oppreffions at the hands of the faid Counteffe, as ever did any of their worfhip, or leffe, within the Realme. 25llt this lord Wiftm upon a fecond deliberation, to draw thefe troubles into a Bill in Cane. 6. ... ~, , r v E. 4. m turre. readier way for tryall, exhibiteth his bill of complaint into the Chancery, the iixtn exempi. yeare of the faid king Edward the fourth,; And fheweth, Chat fhortly after the death ro4 €^z Hibe£ of the S&erhelepg 1463 death of the lord James his father, the faid Counteffe of her evill difpofition damn ably imagining and purpofing the utter deftruction of him, and his perpetuall difinherifon, where hee intended to have ridden from London to have feen his livelyhood, and to have communed with fuch as had eftate in his faid manors and lands afore that time, the faid Countefs havinge knowledge of his intent of departing, intreated and hired one called Chamberlen, being a fanctuary man at Weftminfter, to have accompanyed himfelfe flrongly and to have murdered him the faid Wittm by the way ; The which act the faid Chamberlen enterprifed and tooke upon him to doe ; And after, that the faid matter was difclofed to a well difpofed man called M' Thomas Oldbury, And hee perceiving the faid great mifcheife and murther like to fall, ftirred and moved the faid Chamberlen to give warning to him the faid Wittm, And foe hee did ; And afterwards the faid Chamberlen brought certaine fervants of his the faid Williams into a fecret place to heare a fervant of the faid Counteffe, which exorted and ftirred the faid Chamberlen to perform and fullfill the intent of all the murder aforefaid, as it fhall bee evidently proved ; And fince that time the faid Counteffe hath divers times moved and ftirred and fent writings to one Thomas Holt that had the keepinge of his Caftle of Berkeley, as fervant to him, That hee fhould keep the faid Caftle to the behoofe of her the faid 567 Counteffe, And | that hee fhould keep out of the faid Caftle him the faid Wittm, to his utter difherifon and finall deftruction ; which writing is, and at all times fhall bee ready to bee fhewed ; And foe the faid Counteffe both keepeth away the live- lode of him the faid Wittm, and continually laboreth to have his body and lands in execution, to the utter deftruclion of his perfon, livelode, and goods. Thus the bill. Co this bill the faid Counteffe anfwereth ; Chat where the faid Wiftm lord Anfwer in Cane. Berkeley of his finfull and feditious imagination, intendinge to eftrange her from londinenfi. the lord Chancellors grace and right wife favor, untruly and damnably accufeth her of that fhee fhould have intreated and hired one Chamberlen a fanctuary man of Weftminfter to have murdered him in his going. home into his Country, which had been too abhominable for a chriftian creature to have done, whereof as God knoweth, fhee was never guilty in deed nor thought ; And that fhee is, and allways fhall bee ready to prove and declare her felf off, as can be thought moft convenient and behoofefull to bee done; And befeecheth that there may bee fuch order and direction fet and taken in this matter for the punition of the untruth therupon, That the faid Wittm and other of fuch damnable difpofition may have caufe of dread to accufe any of the eftates of this Realme wrongfully of foe great a crime, and according to a Statute in that cafe provided : And as touching the fanctuary man, 1491 3Ufe of IBtHiam fl^arcjue^ S&erftelep 105 man, that hee fhould have enterprized that foule deed, It was foe that the faid Wiftm Berkeley for fuch confideracons as moved him, tooke the fanctuary of Weftminfter, And that fanctuary man perceived a fervant of her the faid Countefs hearing maffe in Weftminfter church, and came to him and told him, That Sr Wittm Berkeley had taken fanctuary there ; And hee afked the faid Countefs fervant whether the faid Wittm Berkeley were through with the faid Countefs for fuch bonds as it was faid fhee had of him ; And the faid Counteffe fervant faid, nay. Then faid Chamberlen, That if fhee had any fuites againft him, for a reward hee would find the way how an officer fhould meet with him and arreft him ; And thereupon there was divers writs of capias vtlagatum directed to feverall Sherifes upon divers outlayries pronounced againft the faid Wiftm, which yet ftandeth in their forces, and an officer of the kings purveyed: to have executed it, if |; hee might 568 have been met without the fandluary, which the fanctuary man enterprized to bring about; And other matter or defire then this was there never any with that fanctuary man by her the faid Counteffe, nor any of her fervants by her commandment : And for the more proof of the fame, the faid Wiftm Berkeley the 4* yeare of the kings raigne, raifed fuch a foule flanderous fame againft the faid Counteffe of the fame matter, which came to the Abbot of Weftminfter his eare ; And the Abbot fent for the faid Chamberlen, and called to him his Archdeacon and other perfons, and examined the faid Chamberlen of his demeaninge in that behalfe ; And upon his own confeffion, for foe much as fuch a heinous noife of an intended mifchiefe was made and had without caufe, as hee confeffed himfelf and by his affent, the Abbot decreed him to bee had to an open place in the fanctuary of punifhment and reproofe, And made him to bee arayed in papires painted with fignes of untroth, fedition, and doubleneffe, And was made to goe before the proceffion in that aray, and afterwards foe fet in the flocks, that the people might behold him : 3flnh whereas the faid Wittm Berkeley complaineth him of that, That the faid Counteffe fhould have moved, ftirred, and fent writings to one Thomas Holt that had the keeping of the faid Caftle of Berkeley, That hee fhould keep the faid Caftle to the behoofe of her the faid Counteffe, The fame Counteffe faith, That fhee was feized of the fame Caftle in her demefne as of ffee till fhee was diffeifed by the forefaid James lord Berkeley, this Wittm, and his brethren ; And afterwards fhee wrote and defired the faid Thomas Holt to have delivered her the faid Caftle, or to have kept it to her ufe, according to her right and title, as lawfull was for her : Thus fhee. Co thijSf anfwer of the Counteffe this lord Wiftm replyed, maintaining his bill to bee true ; 3Unb the Counteffe rejoyned, maintaining her anfwer, whereby they defcended P vol. n 1 66 Che Hibcg of the SSerftriepje? 1463 569 Efcaet. 7. E. 4. n° 20. carta. 1 5 : Nov. 6. E. 4. in caftro de Berkel : Efcha : in turre lond : 7. E. 4. n? 20. Comp. efcaetor. 15. E. 4. rot 9. in fcacio. memor : fcacij. Mich. 1. E. 4. rot. 25. ex pte rem : thes. Rot. cur : de Wotton 7. E. 4. in ccaftro de Berkeley. defcended to iffue ; but before any witneffes were examined on either part, or any further proceeding thereupon had, (for any thing I have found,) the faid Counteffe dyed, the I4'!1 of June next in the feaventh | yeare of the faid king Edward the fourth, Anno . 1468, as formerly in the life of Thomas the fourth her grandfather, is declared : And by her death left to Thomas Talbot vifcount Lifle her grandchild and heir, the manors of Wotton, Symondfall, the burrowe of Wotton, the moytie of the manor of Erlingham, and divers meffuages, lands, Tenements, and fifhings in- Erlingham, Cromhall, Alkington, Hurft, Durfley, Nibley, Shernecliffe, Kingfcote, and of the fixth part of the manor of Acton Ilger, and Iron Acton, and of divers lands in Horwood, Morecofce, and Glouc, the manor of Wike by Arlingham, Sagef- place and Sageflond in Slimbridge, the hundred of Wotton late called the hundred of Berkeley, and the Advowfon of the Church of Wotton in the County of Glouc ; Co all which this lord Wittm pretended title ; And which by a petition made the fifteenth of November before the Counteffe death between herfelfe and the Dutches Eleanor and the lady Elizabeth, her fifters, were alotted to her in feveralty in lieu of other lands thereby alotted to her other fifters ; To fome alfo whereof, (as the manor of Cowley and the manor of Portefhened allotted to the faid Dutcheffe and alfo to Limeridge wood in Portbury allotted to the faid Elizabeth,) this lord Wiftm alfo pretended title : 3Hnb alfo by her death difcended to her faid grandchild, the manor of Sages in the parifh of Slimbridge, and the advowfons of the Chantries of S? Giles in Hillefly, and of S' John baptift in Wortly by Wotton, (mentioned in the offices found after the deaths of the faid Countefs and dutches the fame yeare,) whereto likewife this lord Wittm pretended title ; The faid Vifcount Lifle, then being of the age of nineteen years and upwards and maryed to Margaret daughter of William Herbert Earle of Penbroke, then refidinge at Wotton. fine 7. E. 4. in banc. pat. 7. E. 4. pars. 2. m : 3. 5. pat. dat : 6 Julij 1. E. 4. 570 Mich : rec : 1. E. 4. in fcacio cum rem. regis rot. 25. 5Hntl thus in this yeare, (which was of jubile to this lord,) death rid him of three great lady widowes his great adverfaries, the faid Countefs Margaret, Dutches Alienor, and viconteffe Jone late wife of John vifcount Lifle ; And the 26* of October the fame year were all the manors and lands of the faid Countefs Margaret and vifconteffe Jone comitted by the king to the faid Earle of Penbroke, during the minority of the faid Thomas Talbot vifcount Lifle, his fon in lawe. IDhat angry charge or motherly command the faid Countefs Margaret left to her ward and grandchild Thomas Vifcount Lifle, for purfute | of thefe titles againft her enemy this lord Wittm, charity forbiddeth mee to conjecture ; Sure I am fhee left in him an high fpirit, foftered by malignant attendants mortally hatinge this lord H9? Ulife of 3@tBtam a^arqueo* SSerMcp 107 lord Wittm, who forthwith fell into the plotts of the faid Counteffe ; And havinge their maine Ayme (as hers was) to get from him this Caftle of Berkeley, which hee now kept as his fanctuary and fubterfuge from detts utlagaryes Statutes- and the like ; And which if they had effected, by all probability hee had been ruined ;. They fell in practife againe with the faid Thomas Holt, then alfo his keeper of Whitcliffe parke, whom they corrupted, and with Maurice King porter of his Caftle gates : Che method of which trecherous plott and treaty the tres bonds and patents that cart et muniment paffed between them and Robert Veell the vifcounts Ingineer, which to this day m c£ ,ro remaine in Berkeley Caftle, fhall fpeake themfelves in their own language. Maurice Kinge, I grete you well and hartely pray you as you will your one Thomas Holt to wellfare, and as I may fhewe you fuch true and faithfull good will and kindnefs as Mau«ce Kinge. of old time hath bene and continued between us, according to our oathes and enfurance, the which I have in mind and ever fhall have ; and fpetialfy for the great truth and faithfull love that I found in you at the appointment between the lord Berkeley that now is, and us ; and by the token that when M' Thomas had A chaplein gave up the matter and failed us, That ye and I yede into the Chappie out of the great chamber, And there I found you true, as you ever have bene hyderto ; And by the token that wee lay togeder at Micheldene* in one bed, and cofiiuned there of fuch purpofes as now is brought to the poynt, which will not faile, foe God bee "pleafed, wherein I fuppofe you know my old dealing; wherefore by the tokens afore rehearfed, I heartely pray you for all the lovis that hath been between us, and as you will your- own wele, That ye wele geve very faythfull credence unto M* Robert Vele, which ye know for a worhipfull gentleman and never non hafter, but his worfhip is known nie you, and me : And fuch affurance my lord and I have vjfc . nfle_ taken about the matter, that of my life ye may truft thereto, wherein alfo I will that ye take the fame furete of him, and care that your comunication bee fecret between ye, And upon both your comunication yl ye do agree well togeder what night ye may in hafty time fpeke with mee, which fhall be to your perpetual! weal, And thus I leave you w* goddis grace. By your fworn brother in the Parke of Whitcliffe in the out houfe without the logge. Thomas Holt. | Wv moft trufty and welbeloved frend, I grete ye wele, praying ye hartely 571 _, J ° T , r , „ The fame Holt tc« 1 hat ye will remember the matter that ye and I comoned of laft ; And for your tne fame Kinge. matter, it is fpede, your patent is fpede of five markes and Wotton parke, with all that belongeth theirto, and your obligacon alfo, and all other that ye underftand that can prevaile you to grant them ; fee by patent, terme of life. p 2 $otoe io8 Che Hibeg of the 2&erftelep£ 1463 JpotDC take the obligacon and condicon. Vele to Kinge. $ob'int VnivYi p prefentes me Robertm Vele teneri et firmiter obligari Mauricio Kinge in centum libris flerlingorm legalis monete Anglie, Solvend eidem Mauric Kinge heredibus aut affigrtat fuis in fefto purificacois beate Marie virgin proxime futuro poft datm prfentiu, Ad qua quidem folucoem bene et fideliter faciend obligo me heredes et executor meos per prefentes, In cujus rei teftimoniu huic prfenti fcripto figillum rneii appofui, daf. 26'? die Januar Anno regni Regis Edwardi quarti, Nono. The Condition of this obligation is fuch, That if the Caftle of Berkeley bee brought into the hands of Thomas Talbot lord Lifle by the faithfull help guyding and means of the faid Maurice Kinge, And thereupon, That ye faid Maurice have his fufficient patent delivered him under the feale of Armes of the faid lord Lifle, of the park of Wotton with the fees and wages of the keeping of the fame of old time due and accuftomed ; And moreover by the fame patent have five marks annuite duringe his life to bee had and received yearly of the lordfhip and revenues of Wotton ; That then this obligation to bee void, or els it doe ftand in his full ftrength and vertue. Cake also the patent. 1 d l'fl h' t <©mttibU3' xpi fidelibus ad quos prfens fcriptm pervenerit, Thomas- Talbot to Kinge vicecomes Lifle, falutem in dno ; Sciatis me prfatm vie Lifle in fidelitate diledli mihi Mauricii Kinge plene confidentem, pro bono et gratuitu fervicio fuo mihi et hered meis impendend, cpneeffiffe eide Mauricio officium cuftodis parci mei de Wotton fubtus Egge in Coin Glouc, ac ferarii ibm exiften, et ipsm cuftodem eo^dem ordino et per pfentes conftituo : Habend et occupand' et exercend officii! pMict pro term vite fue, Capiend pro officio pMict exercend anuatim feoda et vadia eide officio 572 de antiquo debita et confueta ; Ac | etiam fciatis me pYat vie conceffiffe eidem Mauricio Kinge quenda anuale redditm quinque marca^ exeunt de et in oibus terris et tentis meis in Wotton fub Egge in Corn Glouc ; Habend et percipiend redditm pMict anuatim pYato Mauricio ad terfn vite fue : In cuius rei teftimoniu pYentibus Sigiltm meu appofui, dat 26'? die January Anno regni Regis Edwardi quarti poft conquestm Anglie, Nono. carta cum Wiftmo Chi£ Robert Vele at this time was owner of Tortworth Charfeild and Hunting- Throgmorton cQr^ which laft hee held of the vifconts faid manor of Wotton by knights fervice ; whofe well contriving of this plott foe highly pleafed the faid vifcount, That by his other 149 1 ttife of i©iHiam a^arnueo" S&erftelep 109 other deed under his feale of Armes of the fame date, hee gave to Wittm Vele his fecond brother, (or rather to him the faid Robert in his brothers name,) the office of Stewardfhip of his manor of Wotton, and the office of keeperfhip of his chace of Michaelwood, with the yearly fee of — 13',! 6* 8d — for exercife thereof, to bee iffuinge out of his manor of Wotton, payable at the feafts of Efter and of S^ Michaell by equall portions : IBhich manor and chafe are adjoyning to the other lands of the faid Roberts. Ct«£ plot thus contrived and brought to ripenes was foon after revealed to this lord Wittm, And, as I take it, by Maurice Kinge himfelfe, whereby in all probability the ruin of the perfon of this lord Wf was prevented ; And how deeply the blowe had alfo pearced into the pofterity of this family, I take noe comfort to confider. Che vifcount Lifle underftanding by the flight of Holt and his repair to him how the plot was difcovered, And the former writings under the feales of Armes of himfelf and Robert Vele come to the poffeffion of his enemy the lord Wiftm, hee then begins to unmafk himfelfe, & openly to act his ill cogitations, whereby may bee read the former purpofes of himfelf and his Counfell ; 3Unb let the frute of the tre of challenge which from Wotton hee writes to this lord Wiftm tell us the nature of the tree ; Chu& JDilliam called lord Berkeley, I marveill ye come not forth with all your Carts of gunnes, bowes, with oder ordinance, that ye fet forward to come to my manor of Wotton to bete it down upon my head : | I let you wit, ye fhall not nede to come 573 foe nye ; for I truft to God to mete you nere home with Englifh men of my one nation and neighbors, whereas ye by futtle craft have blowin about in divers places of England, That I fhould intend to bring in Welfhmen for to deftroy and hurt my one nation and Cuntry ; I lete the wit, I was never foe difpofed, nere never will bee ; And to the proof hereof, I require thee of knighthood and of manhood to appoynt a day to meet me half way, there to try between God and our two hands, all our quarrell and title of right, for to efchew the fhedding of Chriftian menns bloud, or els at the fame day bringe the uttermoft of thy power, and I fhall mete thee ; An anfwere of this by writinge, as ye will abide by, according to the honor and order of knighthood. Thomas Talbot the Vifcont Lifle. Ch& tre was fent the nineteenth day of March in the tenth year of king J^JJjJ.gg. Edward the fourth, Anno: 1469 . about feaven weeks after the former plot was 7 E 4. contrived ; r°t. fin. 9. E. 4. no Che &ibe0 of the 2&erkriep£ 1463 Inq : poft mort Tho: Talbot: 10. E. 4. in Com : Glouceff pat. 9. E. 4. ps. 1. m. 1. fin: 10. E.4. m:vlt. vetus exten t terrar^ in caftro de Berkeley. contrived ; The faid vifcont then fomewhat under the age of twenty two yeares, having fued his livery but the 14* of July before, whofe lands then valued 1873 : marks twelve fhillings and three pence in old rent : And the lady Margaret his wife then priviment enfent with her firft child. Chig lord Wittm receiving this tre at Berkeley Caftle, the fame day returneth this anfwer. Chomao' Talbot, otherwife called vifcont Lifle, not longe continued in that name but a new found thing brought out of Strange Contryes : 1 marveill greatly of thy ftrange and lewd writinge, made I fuppofe by thy falfe untrue Counfell that thou haft with thee, Hugh Mull, and Holt : As for Hugh Mull it is not unknown to all the worfhipfull men of this Relme, how hee is attaynt of falfenes and rafinge of the kings records ; And as for the falfe mifchevous Holt, what his rule hath be to the deftruction of the kings lege pepull in my lordfhip of Berkeley, afwell to the hurt of their bodyes, as the loffe of their goods, againft Goddys lawe, confciens, and all reafon, it is openly known, Soe that every worfhipfull man fhould refufe to have them in his fellowfhip ; And alfo of his own free will undefired of mee, before worfhipfull and fufficient witnes, was fworn on a maffe booke, That hee never 574 fhould bee a | gainft mee in noe matter that I had a doe, and efpetially in that untrue title that ye clayme, which ye hold my lyvelode with wronge ; 3Hnb where thou requireft mee of knighthood That I fhould appoynt a day and mete thee in the myd way between my manor of Wotton and my Caftle of Berkeley, there to try betwyxt God and our two hands all our quarrell and title of right, for to efchewe the fcheddihg of Chriften mens bloud, or els the fame day to bring the uttermoft of my power, and' thou would mete me : %$ for the determining betwixt our two hands of thy untrue clayme, and my title and right of my land and inheritance, thou wotteft right well there is noe fuch determinacon of land in this Relme ufed, And I afcertaine thee That my livelode, afwell my manor of Wotton as my Caftle of Berkeley, be entayled to mee by fine of record in the kings Courts by the advice of all the Judges of this lond in that dayes being ; And if it were foe That this matter might bee determined by thy honds and myne, the king our Soveraigne lord and his laws not" offended, thou fhouldft not fo longe defire but I would affoone anfwere thee, in every poynt that belongeth to a knight : for thou art, God I take to record, in a falfe quarrell, and I in a true defence and title : 3Enb where thou defireft and requireft mee of knighthood and of manhood to appoynt a day, And that I fhould bee there with. all the power that I could make, and that thou would mete mee half 1 49 1 3Ufe of iBifliam a$arque£ S&rkelrp m half way, I will thou underftand, I will not bring the tenth part that I can make, And I will appoint a fhort day to eafe thy malitious hart and thy falfe Counfell that is with thee : faile not to morrow to be at Niblyes green at eight or nyne of the clock, And I will not faile with Gods might and grace to meete thee at the fame place, the which ftandeth in the borders of the livelode that thou keepeft untruly from me, redy to anfwere thee in all things, That I truft to God it fhall be fhewed on thee and thine to thy great fharhe and difworfhipp : 3Hnb remember, thy felf and thy falfe Counfell have refufed to abide the rule of the grete lordis of this lond, which by my will fhould have determyned this matter by thy evidences and mine, And therefore I vouch God to record and all the company of heaven, That this facl: and the fcheddinge of Chriften mens bloud which fhall be atwixt us two and our fellowfhipps, if any hap to bee, doth grow of thy quaryll, and not of mee, but in my defence, and in efchewing of reproche, and onely through thy malitious and mifchevoufe purpofe | and of thy falfe Counfell, and of thy own fimple difcretion ; 575 And keepe thy day, And the trouth fhall be fhewed by the marcy of God. JDifliam lorb of 2£>erhelep. Ct)e day and place is kept by both parties, The battle is ftroke, and the lord vifcount Lifle is flaine with fome others of his fellowfhipp.1 %t this time both before and after the State was in much combuftion, for upon Rot. fine: 10.E.4. the 1 3* of this March, feaven days before this fkirmifh, the king declared by his marcij in.io Com. proclamation in all fhires his victory againft the rebells in Lincolne Shire and their claus : 10. E. 4. Captaine Sr. Robert Wells : %nb the 2 1* of Mar: (the next day after this lord Lilies dorfo' death,) the king proclaimes his brother the Duke of Clarence and Richard Nevill Earle of Warrwicke, then in Arms in Lancafhire, to bee Traytors and Rebells, with the reafons leading him therunto ; whereby that trobled time was foe farr from takeing notice of this ryot, That the 26* of that month the king fent his Patm *°-rf^ 4> m : Comiffion to this lord Wittm to find out fuch rebells as had been againft him in claus. „ Ei 4< this County of Glouc: 3lnb at Efter in the n* of his raigne was the battle of m. vlt: Barnet, with the death of the faid Richard Nevill Earle of Warrwicke ; And the 27* of Aprill proclamations as before of treafon againft the wife of Henry the fixth and prince Edward her fori.; Soe noe time to take notice of thefe Nibley tumults. 3finD in the 13* of this kinge was this lord Wittm fpetially imployed w* pat: 13. E. 4. pars. Anthony Earle Ryvers, for the difcovery of Traytors and their goods in the Counties of Gloucefter, Worcefter, and others. SJ^arcjaret ,. 1 An interefting account of the great Berkeley Law Suit and of this battle, by Mr. J. H. Cooke, is given in the : Tranfaclions of the Briflol and Gloucefterfhire Archceok Society, Vol. III., p. 305.— [Ed.J 112 Che Hibe£ of the 2£erfeelepg 1463 Trin: term: n. E. S^argaret the widowe of the faid vifcount daughter of the Earle of Penbroke, 4. rot. .1 .et. 1. ^ ^ j^^ Qf ^gj. hufband, bringeth her appeale againft this lord, by the name of William Berkeley of Berkeley knight, Maurice Berkley and Thomas Berkeley his brethren, James Hiet Efqf, John Beley, Richard Hilp, and others ; 3Qtltl after as many delays ufed by the defendants as might bee invented, And after a certificat enforced out of the Exchequer, That fuch a liberty as Barkeley hundred was with return of writs, (the Sherrives of the County in their returnes of the proces favour ing the delayes,) The faid Margaret, in Efter terme in the 12* year of Edward the fourth, declared againft the faid Beley, (who only appeared as principall,) That hee of malice prepenfed the Twentieth day of March in the Tenth yeare of the faid 57^ kinge, at Nibley at ten of the clock in the forenoone, felonioufly | with the faid Sf Wittm Berkeley, Maurice and Thomas his brothers, James Hiet, Richard Hilp and others, ftroke her faid hufband with an arrowe on the leaft part of his face to the braine, And after with a dagger thruft him into the leaft fide ; &c. Beley demands judgment upon the originall writ, becaufe there was (faith hee) never any fuch man as Richard Hilp, therein named, (an other delay,) 5Hnb to the fact pleadeth not guilty. Shee purfueth the reft of the defendants by proces untill the 6* day of October in the twelvth of the fame kinge, when the parliament beginneth at Weft minfter, whereat upon the joynt petition of this lord W™ and of lone his wife, and of the faid Margaret vifcounteffe Lifle, it was enacted, That for the appeafing divers and many great variances and other exorbitant caufes and quarrells between them moved and of longe time continued, That the faid lord Berkeley and his wife and the heires of the faid lord fhould quietly enjoy the manor and burrowe of Wotton Vnderedge, and the manors of Simondfall and Arlingham, againft the faid vif counteffe, paying to her one hundred pounds yearly at S'. Peters Church at Gloucefter at the fower ufuall feafts in the yeare, of equall portions, with a claufe of diftreffe in the faid manors, and a nomine pena? of five pound for non payment after fourty dayes ; And a re-entry and holding for her life without impeachment of waft for non payment after a yeare and three monthes : Sayinge to everyj«other perfon their eftate title and intereft in the faid manors ; And with a provifoe, that this Act fhould not bee prejuditiall to the faid lord Wiftm and his wife nor to the heires of the faid lord, for their right title and intereft in and to the faid manors. Rot. parliam : 12. E. 4. m: 26. carta exempl : in caftro de Berkeley. pat: 12. E. 4. pars. 1. m: 21. carta in caftro de Berkeley, fub figillo dat. 1. Marcij. ir. E. 4. 3Unb tne fi^ and 16* of March in the faid 11 '.h yeare, for the fyne of fourty fhillings, this lord Wiftm had a confirmacon of all his old chres of Berkeley. and Bedminfter granted to his Anceftors by Henry the fecond, Richard the firft, kinge John, and by Edward the third, upon oath made in Chancery that the fame were cafually loft, as by the roll and parchment is fuggefted. JjfjoethJ 1491 %ik of JEittiam aparqueg 2&erfeelep 113 <•** £hort!p after peace thus eftablifhed between this lord Wiftm and vifconteffe Lifle, fhee maryed Henry Bodrugan of Bodrugan in Cornwall Efqf, whofe acquit- ances fhew the receipt of this hundred pounds many years after : In readinge Whereof I have obferved, That fhee allways wrote her name before her hufbands, And hee onely wrote, Bodrugan, without his Chriftian name ; 3©hat bad and good conditions were in him let the | parliament rolls in the 14* of Edward the fourth, and other records here marginally vouched declare.1 ffor further manifeftation of the day of battle and manner of the death of the faid vifcount Lifle, are the writs into ten Counties to enquire after his death, dated the Twentieth day of March in the Tenth of Edward the fourth, And an office in the County of Stafford the fame yeare, And another under the great feale in the County of Glouc : (whereof the originall is perifhed,) at Berkeley Caftle ; And the kings licence dated at Banbury the fixth of Aprill in the Tenth of Edward the fourth, to Elizabeth and Margaret his fifters and heirs to enter into the manors and lands that were the faid vifconts their brothers : Before which time, (being but fixteen days after their brothers death,) their fifter in lawe the vifcounteffe feemes to have been delivered of her child, whom (perhaps) forrow for the untimely death of her hufband, (lamenting like a virgin girded in fackcloth for the hufband of her youth, as the prophet Ioell hath,) caft into an abortive travell : And the more probable becaufe the fame day, perhaps the fame hour, of this victory, this lord Wiftm with his riotous company advanced forwards to Wotton, where fhee then was, rifled her houfe, And thence, (amongft other pillages,) brought away to Berke ley Caftle many of the Deeds and evidences of the faid Vifcounts own undoubted lands, many of which remaine there to this day ; Togeather with a peece of Arras, wherein the Armes of the Vifcount and of the lady Jone his mother, daughter and coheire of Sr Thomas Chedder, were wrought, which twenty years agone I there ' alfo fawe. tit^anp fteps not yet worn out poynt unto this family how ftrongly the faid vifcounteffe and other her frends, with the kindred of her hufM, purfued this lord -Wittm Maurice and Thomas his brethren for the death of the vifcount her hufband ; infomuch as to acquit Phillip Mead, (whofe daughter the faid Maurice Berkeley had maryed, as after followeth in the relation of his life,) and of John Shipward, two Marchants of Briftoll, The Maior of that City the fecond day of May next after, examined 1 Sir Henry Bodrugan was attainted and convicted of treafon,. 9 Nov., 1487. As he efcaped to Foreign Countries the date of his death is not known^ but it occurred before 1503. The Vifcountefs pre- deceafed him. See Hiftory of Trigg Minor, Vol. I., pp. 553, 555. — [Ed. J Acq : in caftro de Berkeley. Rot. pari : r4. E. 4. m : 1. 20. 26. 577 pat. 14. E. 4. ps. 2. dorfo. m. 20. et. at. poft mort. Tho : Talbot fin: 10. E.4.m:ult. pat. 9. E. 4. ps. i. m. 1. pat. 10.E.4. m:n. orig:infcacioeodeanno rot. r6. orig: 10. E. 4. rot. n.et. i5.infcacio. claus: 10. E. 4. m. 7. in dorfo. Joell chap : 1. verfe. 8. Q VOL. H 114 ^be Hibejef of the S&erMepg 1463 examined twenty feaverall pfons upon oath upon fufpition conceived againft them, to carta in caftro de have fent Armed men in manner of warre to the aid of this lord Wiftm Berkeley, y" againft the lord Lifle ; All which Examinates acquit them of that fcandall and v imputation, faith the faid Maiors teftimonialL yet extant under the feale of that 57.8 City : Howbeit I have feen other notes | and memorialls of a ftronger dye That Taftro deBerkel1- affure mee That many came both from that City, procured by Maurice and them, and out of the forreft of Deane, that morning wherein the fkirmifh was, to the ayd of this lord Wiftm : And from Thornbury, (of whence the faid Richard Hilp was,) and where the faid Maurice Berkeley then dwelt, came both himfelf and all the ftrength that on foe fhort a fomons hee could make : 3Cnb if traditions might bee here allowed, I would affure this noble family, That within thirty two yeares laft, by reafon of my dwelling at Nibley, and of my often refort to Wotton and to the villages adjoyning, I have often heard many old men and weomen in thofe places, as Wittm Longe, John Cole, Thomas Phelps, Adrian Jobbins, Thomas Dykes of Woodford, Thomas Roberts of Woodford, Wiftm Legge of Wike, John Smyth of Nibley, mother Birton, mother Purnell, mother Peeter, and others, many of whofe parents lived in the time of king Edward the fourth, and moft of themfelves were born in the time of king Henry the feaventh, as their leafes and copies declared, fome of them one hundred and ten yeares old, divers an hundred, and none under fourfcore, relate the reports of their parents kinsfolks and neighbours prefent at this fkirmifh, fome with the one lord, and others with the other ; and of fuch as carryed victualls and weapons to fome of .thofe companies, as this lords party lay clofe in the utter fkirts of Michaellwood chace, out of which this lord Berkeley brake, when hee firft beheld the lord Lifle with his fellowfhip difcending down that Thill from Nibley Church, and after climbed up into trees, (being then boys of twelve, | and fixteen yeares,) to fee the battle : And how the lord Berkeleys number wasf ' about one thoufand, and exceeded the other in greatnefs : That the place of "StailD ' was at fowlefhard, whence this lord Wiftm fent upon the lord Lifle the firft fhower of his arrowes ; That one black Will, (foe called) fhould thoot the lord Lifle, as his beaver was up ; And that Thomas Longe father of the faid Wiftm was fervant to one of them who helped to carry the lord Lifle when hee was flayne, and of many other perticularyties, (which I purpofely omit,) not poffible almoft by fuch plaine Country people to be fained : And that a fpetiall man of the lord Lifles company was then alfo flaine, and buryed under the great ftone tomb which yet remaines in the fouth fide of Nibley Church yard ; infomuch as I cannot otherwife but deliver 579 .them as | truths ; And much the rather for the full difcourfe thereof which old M' Charles Hiet, (whofe great grandfather James is one of the Def'f in the faid appeale,*) 149 1 Eife of IMIiam Stparqueisf SSernelep 115 appeale,) had with the lord Henry Berkeley at Berkeley Caftle the 25* of Septem ber . 1603, which my felf then heard foe perticularly delivered from the relation of his father and grandfather as if the fame had been but yefterday : The faid lord Henry himfelfe feconding moft of what Mr Hiet related, from the reports of divers others made to himfelfe in his youth, fome of whom were then born and of the age of difcretion, as his Ld?p then affirmed : But enough of thefe traditions and reports, wherein I have exceeded mine own Inclination becaufe this paffage is of moft remarkablenefs in this family ; And the bloud now fpilt was not cleane dryed up till the feaventh year of kinge James, as after in many places of thefe relations appeareth : 3Utlb thus did all the fons joyne in revenge of the innocent bloud of that virtuous and princely lady Ifable their mother, malitioufly fpilt at Gloucefter feaventeen yeares before by Margaret this vifcounts grandmother, and whofe heire and ward hee was : 3Hnb this wound flroke the deeper for that the blowe thereof fwept away all her iffue male from the earth, And in the fame quarrell where[i]n the bloud of the faid lady Berkeley was fhed, as formerly is written. fols: [528, 529] <©f this fkirmifh Camden writeth, That Wotton underedge yet remembreth Camden Bnt : 1_ n 1 r TM ^ ~~"^~7r -r t .n 1 n • • i ¦ r , • m Com. GloUC the llaughter of 1 homas 1 albot vifcount Lifle here flaine in the time of king fo : 464. Edward the fourth in an encounter with the lord Berkeley about poffeffions, fince which time have continued fuites between their pofterities, untill now lately they were finally compounded. (Upon the death of the faid vifcount Lifle this lord Wiftm entred alfo into the mannors of Wotton forren, Wotton burrowe, Simondfall, Arlingham, and Sages, and into the Newleyes and the Warth in Slimbridge, and into divers other lands in Kingfcote, Horwood, Acton, Cromhall, and other Hamletts thereabouts, which had been the inheritance ©f his father James : J^ofrlheit this lords poffeffion was not three yeares peaceable, (though hee had pleafed the Kitchen of the vifcounteffe with one hundred pound anuity, and her bed with a youthfull hufband,) before hee was powerfully fet upon by S*. Edward Grey, his mothers grandchild, as being fecond fon to Elizabeth Lady fferrars daughter of the lady Ifable, this lord Wittms mother, as before hath been declared : who by | mariage of Elizabeth eldeft fifter and coheire of the faid Thomas Talbot, as in her right the I4'!1 of March in the fifteenth of king Edward the fourth created lord Lifle, And after created vifcount Lifle by king Richard the third, in the firft yeare of his raigne, what time Margaret her other fifter and fellowe coheire, maryed to Sr George Vere, was dead without iffue. 25ettoeen Q 2 Efch : 9. 10. E. 4. origin: 10. E. 4. rot. n:et. iS.infcacio. origin: n. E. 4. rot : 1 5. in. fcacio origin : 15. E. 4. rot. 26. in fcacio cm rem. thes : 580 cart. 15. E. 4. m. vlt.pat. 18. H. 7. pars. 2. 116 Che Hibeg of the 2&r&efepief 1463 55cttDcen thefe two, this Sf Edward Grey, and this lord Wittm, was longe toffed with equall malice and greatnes the title of thefe manors and lands, like a ball of difcord, taken up and banded, with much toyle and expence ; untill by the carta counfell : in mediation of Thomas Grey Marques- Dorfet, elder brothers fon to the faid lord Grey, (ffend alfo and near kinfman to the faid Wittm,) It was by Indenture dated the 25* of ffeb : in the 2i*.h of Edward the fourth, agreed between this lord Wittm, (then vifcount Berkeley,) on the one part, And the [faid] Edward Grey lord Lifle and Elizabeth his wife on the other parte, That for the fetling of thofe great dif- cords, quarrells and debates, which of longe time had been for the burrowe and manors of Wotton underedge and Simondfall, the advowfon of Wotton Church, the rent of affize of — 34I4? in Nibley and Shernecliffe, the fixth part of the manor of Acton llger, Newleyes, the Warth, Sages, Weftmancotes land in Arlingham &c, That the fame fhould bee fetled to the faid vifcount Berkeley and to the heires male of his body, with remainder to the faid lord Lifle and Elizabeth his wife and to her heires for ever, by fyne or otherwife : 3llnb that the faid vifcount Berkeley fhould grant an Anuity of twenty pound p ann : to -them and the heires of the faid Elizabeth, going out of the faid manors and lands, but to ceafe upon the death of Margaret Vifcont Lifle, And then the fame to bee one hundred pound p ann : #e if the faid vifcount Berkeley bee difcharged of the hundred pounds w* hee now payeth to the faid Margaret, Then the faid hundred pounds annuity to begin prefently : 3Unb they the faid Edward Grey and Elizabeth his wife to bee barred from claiminge any of the faid^manors, or lands contrary to the purport of claus : 22. E. 4. in this Indenture : Howbeit they fell off from this agreement, but by whofe default I find not, and betooke themfelves to their former difcords ; Infomuch as, the ninth of May after, this vifcount Berkeley was convented before the kings Counfell for his 581 mifdemeanor, and there enforced to enter into a recogni | zance of a thoufand pound to appeare againe that time twelve month before the king and his counfell, And in the meane time to doe noe damage to the faid Grey lord Lifle, or his fervants. 31nb the ftiffe purfute of the faid lord Lifle againft this lord Wittm Berkeley in nothing more ftrongly appeareth, then in that hee obtained in the fourth yeare of king Henry the f^ to have the irregular proceedings that were in the thirtieth of Henry the 6'!\ upon the Statute of the fifth of Richard the fecond, of forcible entries againft this lord Berkeley, his father and three brethren at Cirencefter before Judge Bingham, to bee certifyed thirty feaven years after by Margaret Judge Binghams widow and Executrix ; And to procure the fame to bee exemplifyed under the great feale of England, notwithftanding all refiftances of this lord Berkeley 1491 3Ufe of t©ifliam a?arque£ S&erftelep 117 Berkeley to the contrary, then Earle Marfhall and Marques Berkeley ; A mani- feftation of eagernes, potency, and prudence. SDltring the time of thefe contentions, this vifcount Berkeley was not alto geather paffive, as warding blowes and returninge none : for with the like weapons of Weftminfter hall, hee flroke both the lord Lifle, and thofe that were favored by him. Snb not onely himfelf but his two brethren, Maurice Berkeley and Thomas, Mich: 15. E. 4. affailed John Wenlocke, Nicholas Daunt, John Daunt, John Howell, Clark, and banco coi: ' others his efpetiall mynions with feverall actions of falfe imprifonment, for that by Mich- JS- E- 4- „ _ rot 66. coram their means and affiftance they were taken and imprifoned from the 23? of Septem- rege. ber in the 30* of Henry the fixth untill the 10* day of December following ; which aftions in~ both Courts were, after iffue Joyned and ready for tryall, flayed by Injunction out of the Chancery obtayned by the faid Wenlocke upon his bill petitio in Cane : exhibited againft this lord Berkeley and Maurice his brother, untill the matter of the faid aclions fhould bee there firft heard ; wherein Wenlocke declareth at large the great variances that were between them and the Earle of Shroefbury, whom hee then fearved in ordinary, for the manors of Wotton, and other lands in the County of Glouc' And how the fame were then ended by the mediation of John lord Beauchamp, Wittm lord fferrars, and ffortefcue and Yelverton Judges, as by their award (faith hee) under their feales *ready to bee fhewed may appear : 2&ut therein hee miftooke, for the falfe imprifonment was three years after that award, as formerly is declared ; yet this falfe allegation for this time ferved his turne. | 582 Other fome this lord Berkeley by fairer courfes took off from the affiftance of his ^7n ctftro'de" faid adverfary, (for great guifts are lide gods,) Amongft whom Kenelme Digas by Berkeley. deed under his feale of Armes, promifeth, That for the good lordfhip which the right noble lord Wittm Berkeley knight lord Berkeley of his great noblenefs, hath diverfly of late time fhewed unto him, That hereafter hee will not bee of Counfell againft him nor his heires, in his great matter touching the title of the lordfhip manor and burrowe of Wotton and other manors, of longe time in debate ; Soe the words of the deed. Some others there bee of like ftraine, which I pafs by. %t the parliament begun the. 1 7'.h of ffebruary in the 17* of king Edward the Rot. parliam. 17. fourth, it is fhewed how Richard the kings fecond fon had been created Duke of pa^"l7/E. 4. Yorke and of Norfolke, Earle Marfhall, Warren, and of Nottingham, And that for pars. 2. m. 6. fupport thereof, the king hath now maryed him to Anne daughter and heire to John n8 Che 3libe£ of the 2&erhelep£ 1463 583 pat: 1 7. E. 4. ps. 2. m: 6. pat: 18. E. 4. ps. 1. m : 2. et. 16. John late Duke of Norfolke, to the great honor of her and of her bloud, fhee being but fix years old. $obJ for reafons in this Act laid down, It is enacted, That if fhee dye without iffue, Then the faid Duke of Yorke her hufband fhall for his life hold the half of fifty nine manors named in this Act, lying in the Counties of Salop, Suffex, Surrey, Middlefex, Leicefter, Effex, Lincolne, Norfolke, Yorke, Bedford, and Derby ; And the moitie of twenty knights fees in divers places, (named in this Act,) befides divers other chafes hundreds and houfes, Of which Katharine Dutches of Norfolke holds part for her Joynture : 3Cnb that whereas Elizabeth late wife to the faid Duke of Norfolke holds in Joynture and in dower many manors and other great poffeffions of the faid Dukes her late hufbands, Now in regard of the great advancement and honor of her daughter Anne with the faid Richard the kings fon, fhee is content to reft fattisfyed with thefe manors following, and to depart with the refidue to her faid fon in lawe the Duke of Yorke ; viz^ Duningworth, Hofeley cum Sutton, Staverton cum Bromefwell, &c. in the County of Suffolk, Dalby Chalcombe, Coldoverton, Segrave, Melton Mowbray. &c. in the County of Leicefter ; Bofham and others in the County of Suffex, and with others, (all named in this Act,) in the Counties of Norfolke, Cambridge, Warwike, Derby, and Hereford, which fhee is to hold for her life without impeachment of waft ; And in regard of her kindnes in departing with the refidue, her eftate in thefe is hereby con | firmed, And after to Richard Duke of Yorke for his life againft the heires of the faid Anne, if fhee dye without iffue ; with a provifoe that this Act bee not pr[e]juditiall to John lord Howard and Margaret his wife for the manor of Pritwell in Effex, nor to Jone wife to Wittm lord Berkeley for the manors of Newfam, Kirkby Malfart, Burton in Londefdale, Brind, Gribthorp, and Thorneton, in the County of Yorke, to her made by Katharine Dutches of Norfolk her mother, nor bee prejuditiafl to S* Humphry Talbot for th' eftate hee hath in Callowdon for his life by the grant of John late Duke of Norfolke. 3©hich Act of parliament is after feverally exemplifyed by all the faid parties. carta in caftro de Berkeley. TohnDukeofNorf: died: 10. Jan: 15. E. 4. 3[n thefe times alfo this lord Wiftm winneth even the king himfelf favorably to partake with him in thefe futes ; an argument both of an haughty fpirit, and of a willfull difpofition: for the 28* of May in the 16th of king Edward the fourth, It was agreed by Indenture between the king and him, That hee fhould convey to Richard Duke of Yorke the kings fecond fon, and to the heirs of his body, all fuch right title and intereft as hee hath or claimeth to have in all fuch manors and lands as for defalt of iffue of John late Duke of Norfolke fhould come to him the faid lord Berkeley ; And for default of iffue of the body of the faid Duke of Yorke, Then to the I49i Htfe of t©tfltam a^arque^ S&erftelep 119 the king himfelf and the heires males of his body, The remainder to this lord Wittm and his heirs : And after fecurity foe made, the king on his part promifeth to bee his good and gratious lord according to his lawes, And to caufe to bee delivered up unto him all fuch Statutes and Obligations wherein the faid Wiftm ftands bound to John late Earle of Shroefbury, Margaret his late wife, and to Jn° Talbot late vifcount Lifle or any of them, or els to difcharge the fame : And if in the mean time this lord Berkeley bee arrefled for any of them, the king will difcharge him thereof: Che twerttyfirft of Aprill in the 21* of his raigne the king created him vifcount Berkeley. 3finb for performance of this agreement the faid vifcount Berkeley the twentieth of ffebruary following enfeoffed the Arch-bifhop of Yorke and others, of his Caftle and manors of Berkeley, Hame, Appleridge, Alkington, Hinton, Hurft, Slimbridge, Came, and Upton S' Leonards ; upon condicon, That if this vifco' Berkeley , doe performe the faid Covenants and agreements made between the king and him, contaiaed in the faid Indenture, Then this feoffment to bee void : And foe alfo that the king at his own charges both require and make fuch conveyances before that time twelvemonth, j get did not the king foe rely upon this feoffment, but at the parliament begun the twentieth of January after, (whereat this vifcount Berkeley was one of the Tryers of forren petitions,) It was at the kings defire, with confent of this vifcount Berkeley, enacled, That in confideracon that the king fhould difcharge him and James Maurice and Thomas his brothers, of fower and thirty thoufand pound payable by them and James their late father to the Earle of Shroefbury and Margaret his wife and to John late vifcount Lifle their fon, And in confideration of other grants to bee made by the king to the faid vifcount Berkeley, That all the part and intereft which to this vifcount Berkeley belonged of all the Caftles, honors, lordfhips, manors, and other hereditaments whatfoever in England, Ireland, Wales, or Calais, which for defalt of iffue of Anne late daughter and heire of John Duke of Norfolke late wife of the faid Richard Duke of Yorke the kings fon, ought to come to this vifcount Berkeley and his heirs, fhould remaine to the faid Duke of Yorke and the heires of his body ; And for default of fuch iffue to the king and the heires males of his body ; And for defalt of fuch iffue to veft in this vifcount Berkeley and his heires, as though this Act had never been made : And that all debts owing by this vifcount Berkeley James' Thomas and Maurice his brethren, to the king or to the faid Earle of Shroefbury, Margaret his wife, and vifcount Lifle, bee difcharged, And henceforth bee void. Che nynth of Aprill following dyed the faid king Edward the fourth, and within a few months after, the kings two fons, king Edward the fifth and his .brother Anne his daughter and heire died. 16. JanP'i7.E.4.i478. Shee was maryed to Richard fecond fon of. E. 4. duke of York 15. Jan : 1478. 17. E. 4. who was also. 7. feb : 16. E. 4. created duke of Norf : and Earle Warren.cart:i6.E.4.m:i2. pat: 16. E. 4. ps. 2. carta in caftro de Berkeley. 584 Rot. parli : 22. E. 4. m: 13. 120 Che HibejBf of the 2&erfeeiepg 1463 brother Richard the faid Duke of Yorke, were murthered by their unnaturall unckle and protector Richard Duke of Gloucefter called Richard the third ; whereby, (they being all the iffue male of king Edward the fourth,) thefe eftates in tayle deter mined, And this vifcount Berkeley was againe veiled in ffee Simple in all the faid manors and lands, as though the faid Act of parliament, or former conveyances, had never been. Che lord Berkeleys motives to affent to this Act of parliament feemes to bee three, fir£t to bee freed, himfelf and his brethren, their lands and goods, from that heavy fum of . 34000!' . mentioned in the faid Act of parliament, noe inferiour courfe 585 remaining to evacuate | thofe Statutes in the hands of a potent adverfary : ^ctonblp to have the kings favor and to bee created Vifcount : 3ftnb Ia£tlp to receive other benefitiall grants from the king : But what thefe fhould bee, I have not found : Onely the fifth of March following, the king made him one of his privy Counfell, pat 22. et. 23. And for his attendance thereon granted him the yearly fee of one hundred marks during his life out of the fubfedyes of London and Briftoll, as hath been already faid : It may bee that the death of the king, which followed within thirty fower days, hindered the refidue of .thofe benefitiall grants : But the blouddy tragedy which Richard the third acted upon his two nephews by their murder, returned againe upon this vifcount Berkeley all that part of the Duke of Norfolks lands which hee had made away as aforefaid, And the faid Statutes alfo difcharged : An ill wind it is (faith the proverb) that bloweth noe man profit. 3Uttb if this vifcount Berkeley could have contained his ambition and held himfelf contented in the pitch hee was now mounted unto, hee had foared in height of honor and greatnes of Eftate above the heads of all his Anceftors, yea above his great uncle Thomas the fourth, in whom I have noted this family to bee in its higheft fomers folftice : ffor by the death of Anne the fole daughter and heire of Aut to his ever during obloquy and reproach, hee in lefs then ten years following, fcattered gave and caft away all the forementioned poffeffions, (a thing fcarce credible to bee 591 written,) not leaving any acre | to pofterity, nor ought els, fave tears and tongues to complaine, whereof my weeping pen now mournfully begins to write. $ig alpenationg anb £aleg of lanbg. Chi# vifcount Berkeley beheld his Cozen germaine and fellowe Copartner, John lord Howard, to bee created Duke of Norfolke ; his ambition labored, if not to bee dignified as his equall, yet to fit in the next throne, for in the moulds that caft them both, hee found noe difference, nor in the mettall ; Sifters fons they were, And this vifcount difcended of the elder ; only the kings favor made the ods ; which hee cafteth about to gaine, And thus compaffeth : Robing in his ambitious opinion too much land, and too litle honor, hee is upon the 28* of June the fixth day after the coronation of Richard the third, created Earle of Nottingham, to him. and the heires males of his body, with the fee of twenty pound p ann out of the Sherifewicks of Nottingham and Derby: Chig carta in caftro Earledom fattisfyeth not : for to climb higher, hee agreeth with that ufurping king y' the 2* of March following in the fame year, by Indenture, That when hee fhould bee required, hee would make to the king and to the heires of his body a good eftate in his manors of Melton Mowbray, Segrave, Coldoverton, Dalby Chawcombe, Twiford, Witherly, Sileby, Mountforrell, and the hundred of Gofcote, in the county of Leicefter : $tnb in the manors of Donyngton.Twaytes, Thrifke and Hovingham in the County of Yorke : And in the manors of Harewich, Dovercourt, Mawney, and I49i £ife of iMIiam fl^argueg 2_3ernelep 127 592 and Chefterford, in the County of Effex ; 3tnb in the manors of Winge and Segrave in Penne, in the County of Buckingham ; 5Hnb in the manors of Calthrop, Wefl- borrowe, Eppeworth, Belton, Haxey, and Oufton, in the County of Lincoln ; 5Hnb in the Caftle and manors of Bedford and Bromham in the County of Bedford : 3U.ltb in the Caftle of Holt with the lordfhip of Bromfeild and yale in Northwales : 9Hnb in the revercon of the manors of Kirkby Malfart, Newfam, Thornton, Grip- thorp, Brind, and Burton in Lonefdale, in the faid County of Yorke, after the deceafe of Jone his wife;. And for default of fuch iffue of the kinge, to remaine to him | the faid Earle of Nottingham and his heires for ever. 3Unb it was further agreed between them, That the king fhould grant to the faid Earle for his life, when hee fhould require it, an yearly rent of fower hundred marks out of the great Cuftoms of the City of London ; And for performance thereof, for foe much as was by him to bee performed, hee the faid Earle of Nottingham became bound to the king in a recognizance of ten thoufand pounds; 2Hnb accordingly by Indenture claus: rolls. i.R. 3. dated the 23? of October in the fecond year of the faid king, the fame manors were claus: rolls. 2. R. 3. by this Earle conveyed to the faid king accordingly : And the fifteenth day of the next month, The faid king Richard by Indenture under his hand and feale, Afwell carta m caur0 for the true and faithfull fervice that this Earle of Nottingham in manifold wife hath done to his highnes, in the fame, did promife and grant to the faid Earle, That at all times thenceforth, hee will ayd, comfort, and affift the faid Earle, as lawe, right, and confcience will, afwell in and for his inheritance and all titles concerning the fame, As of and in all other caufes that the faid Earle hath to doe ; At what time this Earle was not releafed from a recognizance of one thoufand pound, wherein hee flood bound for his perfonall appearance in the Starr chamber, And to doe noe damage to the faid Edward Gray lord Lifle or to his fervants : ©Otofceit this profufe fcatterinp- of thofe thirty five manors at a clap hurt him not ; for this eftate in tayle in the king determined the 2 2* of Auguft following, by the kings death at Bofworth feild, And by the death of his wife and of his only child the prince, dead a litle before his father : Soe willing was Gods gracious eye to have made this Earle looke back, and to retire himfelf into the confideration of himfelfe, and to have preferved thofe poffeffions which had been from heaven fhowred upon him : But hee rather chofe to bee branded by S? Paull with the 2. Tim : 5 : livery of IffideTity, then to have any care of his family houfe or kindred, prefent \ or to come. I de Berkeley. ordo in Camera ftellat 9. Maij. 22. E. 4. i^enrp the feaventh, by the overthrow and death of Richard the ufurper, obtaineth the Crown and weareth it ; And foe prudent was this Earles cariage between 128 <€tiz Eibeg of the 2£>erftelep£ 1463 between thofe adverfe princes and their adherents, (ayding the one wl1 men, the other with money, neither of both with his perfon,) That hee preferved the favor pat. 1. H. 7. m. of both, at leaft loft neither of them : 3Cltb as a teftimony of this kings good acceptance of his fervice, upon the 26th of October following (fower days before pat. 1. H. 7. m. his own coronation,) hee created him Earle Marifchall, To hold during pleafure, pafch: rec: 1. H. 7. with the fee of twenty pound: And the 19* of February following, created him rot. 3. in fcacio. Ea.rie Marifchall and great Marefchall of England, To hold to him and the heires males of his body, with the like fee of twenty pound : _Jfn which patent of creation, 593 the king gives him | power, afwell in his prefence as in his abfence, to have and bear a flaff of gold wth a black ringe at both ends, with the kings Armes at the pat: 1. H. 7. m. upper end, and his own Armes at the lower end thereof: 5Hnb in the meane between his two patents, the 1 2* of December, grants him a generall pardon for all offences comitted before the 7* of November then laft. ^ft feemeth fomewhat plaine That a precontract was concluded upon between S? Wiftm Stanley lord Chamberlaine to the king, and this Earle, for furthering him de Berkeley. mto thefe great offices of honor: for upon the fame 19th of ffebruary, this great Marefchall by his deed of the fame date with his patent of creation, And with his new ftile of Wiftm Earle Marfhall and of Nottingham, vifcont Berkeley and lord of Berkeley, hee gave to him the faid Sr Willm Stanley, (by the name of cozen,) and to the heirs of his body, All his part and purpart of his manors of Pickhill, Seffewyke, Bedewall, Ifcoyd, Hewlington, Cobham, Hem, Wrexham, Burton, Alington, Eaflclufan, Eglofecle, Ryabon, Abinbury, Dimill, Morton faboy, Armere, Ofbafton, Sonford, and Ofelefton, And of the Caftle and manor of Dynefbran, and of the Caftle and town of Leons, Bramfeild, Yale, Wrexam, Almore, Wobfton, and Sonford, in Wales and in the marches thereof to the County of Salop adjoyn ing ; And for defalt of fuch iffue of the body of Sr Willm Stanley To remaine to the faid Earle Marfhall and to his heires : 9|nb thus for the confideracon of honor did this Earle Marfhall _runne .put of two Caftles and twenty eight manorsand^arts of manors : 3Unb yet was not his ambitious humor fattisfyed : 3Unb juftly might Maurice Berkeley his brother and heire apparant, and Maurice his fon and heire, Peciarftc^derBiJrkn- comPlaine' as they did> Tnat out of a high and pompous mind, hee afpired to bee made a 3l£nrquc££ ; Between whom, great difpleafures now arofe, never after reconciled, upon the occation of thofe and other like affurances, fynes, and re- coveryes, (whereof many now enfue,) which this lord Willm paffed : ffor the better v'to cut off the antient entaile to the heires male, created by his Anceftor the lord Thomas the third, as in his life appeareth, This vaine and pompous -Earle did in Micfimas 149* Sife of tBifliam aparnueg S&erfeelep 129 Michmas and Eafter Termes in the fecond of Richard the third, upon feverall writs, de recto praecipe in capite fuffer recoveryes of the advowfon of Slimbridge In banco coi Church, and of the manor of Portbury, and of the Caftle and manors of Berkeley, ™|.: JJJ.: JS&? Hame, Appleridge, Alkington, Hinton, Came, Hurft and Slimbridge, and of divers et JS4- others : In many of which by his feoffments after thefe recoveryes executed in Auguft in the firft of Henry the feaventh, hee for defalt of iffue of his own body, dT Berkeley™ eftated Thomas Marques Dorfet in tayle : | which notwithftandinge, within two years 594 after, hee againe altered and eftated upon the king, as now followeth. 3Ultb having twice made advantage of honor and profit, (but againft his purpofe or will,) by two contracts with king Edward the fourth, and with king Richard the third, hee affayleth a like chapman, king Henry the feaventh, for a third fortune, (for Marques Berkeley, the Earle Marefchall of England will bee at leaft :) 51nb JJ"^ : term- Xl , JYL3X18& CX p3.rtC thereupon by Indenture dated the 10 . day of December in the third year of Henry rem regis inter the feaventh, (by the name of Wiftm Earle Marefchall and of Nottingham, great [™PCq etiec:m Marefchall of England,) hee covenanteth with the king to convey by good affurance carta in caftro the Caftle and manor of Berkeley, and the manors of Hame, Appleridge, Hurft, e er eey" Slimbridge, and Cowley, To the ufe of himfelf and the heirs of his body, And for want of fuch iffue, To the faid king Henry the feaventh and the heires males of his body, And for want of fuch iffue To the ufe of his own right heirs : 3_J.nb to convey the manors of Alkington, Came, Hinton, and Portbury, To the ufe of himfelfe and Anne his wife and the heires of his body, And for want of fuch iffue, To the faid king and the heires males of his body, And for want of fuch iffue, To the ufe of his own right heirs as aforefaid : 3}n lieu whereof the king gives him leave to convey twenty five of his other manors, feverally named in the faid Indenture, to what ufes and to whom hee pleafeth, without any fine to bee paid into the Hanaper^ upon fuch alienations : And promifeth to confirm unto him all manner of franchifes Pat-i-H.7.pars.4. and liberties granted heretofore by him or his progenitors to him the faid Earle, or to any of his Anceftors. pat.3.H. 7. pars. 1. 3Uttb according to thefe covenants are recoveries fuffered of the faid Caftle and Hillar. 3. H. 7. manors, And of the manors and Advowfons of Wotton underedge Simondfall, *° £54- 3 °- 357- Arlingham, and others : And feverall fines alfo are by him leavyed of the faid Hillar : et Trin : Caftle and manors at the fame times, with renders of like eftates ; and of many 7_ jj. 7. others in feaverall Counties ; As with fmall labor is (at once) to bee read in the feverall Inquifitions found in the. 7* 8* and 9* yeares of king Henry the feaventh'^ Efchaet . in Canc . after this Marqueffe death, remaining of record in the Chancery. temp. H. 7. 3Gnb S VOL. II 130 Che 3tibe£ of the SSerMepg 1463 Act of pari : annis 4.7. 17. et 19.H. 7. pat: 4. H. 7. m: 13. 3Hnb to conclude, hee thus eftated upon the king and the heires males of his body for defalt of iffue of his own, _©i# Caftle of Berkeley, twelve manors and three advowfons in the County of Glouc; CiBO manors in the County of Somerfet; if OtOer manors in the County of Warwick ; 8o?] Sdttb in July following, in the felf fame manner hee conveyed the manor of carta. 10. Julij. 3. Callowdon in the County of Warrwicke, with like remainders to the fame parties, Berkel" which at this time was in leafe for life to S? Humphry Talbot : And for better con- fin. 6. H. 7. firmation of this affurance, did in the 6* of Henry the 7* leavy a fine thereof. in banco. 5Hnb alfo the faid Earle of Darby, (for defalt of iffue of the body of this faid !ais wiu- 7- H. 7. ' v ¦'in cur. prerogat : Marques Berkeley,) had alfo divers other manors and lands, As by the will of the faid Marques appeareth. 31nb to his wife the lady Anne Berkeley and her heires, hee devifed by his His Will. 7. H. 7. in Cur* Prcros. will all his meffuages and lands in London, paying. 200. marks to the ffryars Auguftines; SUnb his houfe in Chelfey in Middlefex hee by his faid will gave to gnginb;£gSa;.e5- John Whitinge and his heires with a legacy of fourty pounds ; 3Hnb to conclude, cuper : in banco. what by fines and recoveryes and other conveyances of record, and what by deeds ^ |" s; ca^_ in executed by livery and by Atturnement, And what by his laft will and Teftament, ijfdem annis. hee foe conveyed and gave away all the forementioned maffe of Caftles, Baronies, £%%'. cgm 'J^ manors, hundreds, Chaces, Parks, knights fees, and other hereditaments in all the mort. Marchion. faid Countyes in England and Wales, and in Ireland and Callais, as that nothing 7 ^ 7 memor. remained to his heire ; And made more effectuall thofe to the king by an Act of &apj ' Trin. 9. H. 8. rot parliament in the 7* of his raigne. primo. %Vto having in Michaelmas Terme in the feaventh of Henry the 7* by fine f^^. 7' and other affurances, fetled the manor of great Chefterford in Effex, upon himfelf and the lady Anne his wife and the heires of his own body, with remainder to the king and the heirs males of his body, As though it was not enough to give the king his land, but hee would build him an houfe alfo ; Hee, the eleventh of December carta ln caftr0 following, agreeth by feverall deeds under feale, with Carpenters Mafons and other de Berkeley. workmen, forthwith to build him a fpatious houfe upon the fame manor ; %t which time s 2 132 Cfje £ibe£ of the 2&erftelep£ 1463 time, without a like miraculous bleffing as was fent to Abraham and Sara, there was noe hope of iffue between him and his wife, And himfelf before the finifhing could not but fall into his grave, as hee did, as after followeth ; yet hereby alfo appeares, | the power of an over-rulinge wife, that for her own end could draw her hufbands old age this exceffive building upon a peece of ground wherin neither of them, upon the matter, had any longer an eftate then for their own lives. 3(n the vail volume of which his faies, none feemes more difpleafinge to his pofterity then the fale of his Caftle and Barony of Bedford, and of the honourable fervices whereby he held the fame ; beinge by the tenure thereof, at each kinges coronation, Ellemofiner or Almoner, havinge for his fee the cloth which the Kinge on his coronation day went upon from his hall or chamber to the church doore where hee was crowned : And after dinner had the filver difh which ufed of cuftome, as the Almefdifh, to ftand before the Kinge at dinner, and one tun of wine : where by alfo hee fold one of his titles of honour, ceafinge thenceforward to be ftiled Baron of Bedford : An office of honor which had defcended from the antient family of Willm. de Bello Campo, who in the 7* of Edward the firft leaft it to his daugh ters and Co-heires, the eldeft of whom was maried to the lord Mowbray ; and from them it came to Willm. de Latimer, and John de Mowbray Earle of .Nottingham ; and from Latimer, by Elizabeth his daughter and heire, to John Nevill of Raby ; and upon, the partition of Mowbrayes lands, Duke of Norfolke, was allotted to this Marques and his heires, that which to the Dukes of Norfolk appertayned. |M£ %lmz$ anb bebotiong. Che lands which this lord gave to the prioreffe of our ladies houfe within Carleton parke als Wallinge wells, were of fuch value, That in return thereof the pryoreffe and her covent granted to accept him and his heirs for ever as one of their founders, And to doe them fuch honor and in fuch fort to pray for them arid their good eftate, as they doe for their founders in each thinge ; 3flnb to obferve all fuch orifons prayers obfervances obites and other divine fervices, for his foule and of his heires, and of his fader and moder, and for the good eftate of Dame Anne his wife, as the faid prioreffe and Covent have ufed to doe for their founders; And fpetially to pray for the foule of the lady Jane his late wife, and for the good eftate of Thomas Stanley Earle of Derby and his heires, and for their foules health for ever. carta. 4. H. 7. in <&ty like liberality this lord extended to the pryor and Chapiter of the caftrode Berkeley. Cathedrall Church of Worcefter ; 3Jn recompence whereof the faid pryor and Covent 597 Liber feod.mittum in fccio. temp.H.3. Rot. fervicr. in rubeo libro in fccio. fol. 232 Rot. claus. 1. R. 2. m. 45 Rot. fervic. 1. H4. m. 2. Efch. 1. H.4. poft mort.Thom. Ducis Norf. Bedford. claus 1 H. 5. apud le coronnac. coram Rico Beauchampe nuper Com.Warw. Fin. 8 R. 2. m. 20 Claus. 7 E. 1. m. 6. 8. carta. 3. H. 7. in caftro de Berkel: M91 3tife of il&iHiam £B-)arque£ 25erfeelep 133 Covent accepted this lord Marques and the lady Anne his wife into their fpirituall fociety and fraternity ; And admitted them to the participation of all the benefits workes and merits wrought by them, afwell in maffes hours prayers watches failings difciplines and hofpitalityes ; as in Almes and other benefites which hereafter fhall bee done or had in their Cathedrall Church ; 3©ith this addition from their fpeciall grace and bounty, (faith the deed,) That when the deaths of this lord and his wife fhall bee intimated to them, there fhall bee as much | faid and done for their foules 598 as for the brothers and fifters and other benefactors of the faid place, and for the foul of John ffynes father of the faid lady Anne, and for the foules of the children of the faid Marques and of Jane his late wife. 3llnb furely this invention of fpirituall fraternityes which are appurtenances or annexaries to the orders of ffryars, Nunns, &c. which in thefe times was grown frequent, was a prudent and profitable late devife ; for into it lay people of all forts, men and weomen, maryed and fingle, defired to bee inrolled ; as thereby enjoying the fpirituall prerogatives of pardons indulgences and fpeedy difpatche out of purgatory. Co the pryor of the fryar Auguftines in London, this lord gave in hand one carta : 3 : Nov : 6. hundred pounds in money ; 3fo lieu whereof and of other benefits and guifts, (faith Berkeley ° the deed,) which this Marques intends to give to that place, The faid pryor and covent agree to fay two maffes prefently and for ever at the altar of our lady and of S' James, where the body of Jane iCountes of Nottingham his former wife lyeth buryed, between the faid Altars ; And to pray for the profperous eftate of the faid Marques and of Anne his now wife, and of Edward Willoughby, Richard Willoughby, Anne Beauchampe, Elizabeth Willoughby, and John Whitinge his gentleman ufher ; with all the iffue of the faid Marques and Jane ; And efpetially for the faule of the faid Jane and of Katharine her mother, fometime Dutches of Norfolke, and for the foules of James lord Berkeley and of Ifable his wife father and mother of the f* Marques, and of Thomas Berkeley brother of the faid Marques, And after the deaths of the faid Marques and Anne Then the faid two maffes to bee funge for their fouls alfo ; which they the f? pryor and Covent doe promife to doe unto the worlds end ; And alfo to fay a folemne obite yearly in the faid place on S? Mathias day in ffebruary for the foules" of the faid ladyes ; And the like then for the faid Marques and Anne his wife when they fhall die : 9tnb that this Indenture of agreement fhall bee yearly read in their Chapiter houfe in the feaft day of S? Michaell, for the better performance thereof,, as they fhall anfwer afore God at the dreadfull day of doome. | ^"b 134 Che mibe£ of the 2&erftelep£ 1463 599 SUttb the fifth of february twelvemonth after in the feaventh of the faid king \ H 7 in cur Henry tne feaventh, This Marques by his will bequeathed his body to bee buryed prerog. in the faid Church of ffryar Auguftines, and gave thereto twenty marks to buy veftments to bee ufed at the Altar of S' Rooke there. 3tnb alfo two hundred marks more for two fryars there perpetually to finge for his foule, 3finb twenty marks for two other fryars to finge in the white ffryars in ffleetftreet at the Altar of S' Gafion there, for his own foule, and for the foules of his father and mother, and of his fon S' Thomas Berkeley, for ever: And befides to bee endowed with ten marks yearly; 3Hnb likewife ordained, That another fryar fhould finge at the gray fryars at Glouc, in like maner, for the faid foules ; To the repair whereof hee gave twenty pound in money. 25p his faid will, this Marques ordained, That his wife and other his Executors fhould after his death purchafe ten marks yearly rent, therewith to found a Chantry at the altar of our lady of pitty at Eppeworth in the County of Lincolne. Co fryar John Wikes hee gave twenty fhillings. 3Unb appointed that his executors fhould recompence all treffpaffes and wrongs by him done, in difcharge of his foule, as fhould bee proved before them within ten yeares after his death ; And this to bee proclaimed in every place where hee hath had moft refort unto in time paft, after every true and reafonable mans defire. Cfje one half of his array, plate, ftuffe of hufhold, and of Chappie, hee gave to his wife Anne, And the other half to goe towards the performance of his will. To Ifable Berkeley hee gave twenty markes. To Margery Berkeley hee gave five marks. To Richard Berkeley hee gave five marks. And to twenty other of his fervants hee gave the like legacies : And made his wife, the Bifhop of Rochefter, Judge fitj James, and M.1. Wythers, his Executors ; To each of whom hee gave twenty pound a peece ; And for his overfeers made king Henry the feaventh,. and the faid Earle of Derby, and John Whitinge his gentleman uftier, To each of whom hee gave ten pound a peece. | 600 y$M a^° m n*s hTe time gave divers Anuities pentions and fees, whereof thefe following are the cheifeft I obferved . viz! $[n 1491 - ftife of iMftam flparque^ S&erfeelep 135 3fn the Tenth year of Edward the fourth hee granted to his brother Maurice carta in caftro ten markes by the yeare for his life, out of his lordfhipp of Nibley, for the great de Berkeley* fervice hee that year did to him at the incounter with the lord Lifle. The fame year in confideracbn of fervice, hee granted an Anuity of fower hillar .- in banco markes p ann to John Caffey Efq? out of this manor of Slimbridge, for his life, who ~ ' "'4I° ' 3S2' was at the fkirmifh at Nibley green with him. 31bOUt the fame time hee granted an anuity of five pound p ann to Wittm lord Acq:. in 15. E. 4. Haftings for his life. Che 2 2* of Edward the 4* hee granted to Thomas his brother, in confidera- carta in «aftro tion of his laudable fervice, an Anuity of nineteen pound p anii : out of his manors de Berkeley- of Wotton and Hame. 3Enb about the firft of Henry the feaventh granted an Anuity of ten pound p comP : recept. in arm, to the lord Daubeny for his life, out of his manor of Portbury : 3tnb alfo an Anuity of fower pound p ann, to Ralph Skelton for his life. 3fn the third of Henry the . 7* hee gave an Anuity of ten marks p anii to carta in caftro de Thomas Tiler for his life, who alfo was his generall Receivour. er e ey" Che fame year hee granted to Thomas Sampfon for his life, all his land in carta in caftro de Calais, rendring the third part of the revenue. Berkeley. 3dbOUt the fame time hee granted to Sf James Blount an Anuity of ten marks Acq : in caftro de for his life out of his manor of Sileby in the County of Leicefter ; Some other the " *' like, there were, which I paffe by. | $i# mi#ellant« or barioug pa$$a$z$. 601 ; | 2£>p. comon intendment thofe that feek often to the phifition have difeafed i bodyes ; what conftitution this lord was off not onely his life paft but the many j pardons hee purchafed from thofe kings whofe laws hee had tranfgreffed, which , now followe, doe declare. Cfje . 17* of March in the 36* of Henry the fixth, the king pardoned this lord cut ineaftr. de Wiftm all offences generall. rot. pdon : 36. H. Cfie 6-rot-3°- 1 36 Che £ibe£ of the 2£>erferiepg 1463 cart, in caftr. de Che firft of May in the fecond of Edward the fourth, the king pardoned him rot. pdon : 2.^4. a" offences untill the fourth of November then paft. m. 32. Rot. pardon: 10. Qfyz 25* of May in the 10* of Edward the fourth the king pardoned him all . 4. m : 2. 0£rences tjjj ^g 2:jth 0f December then paft. carta in caftro de Che twentieth of May in the 1 2* of Edward the fourth, the king pardoned rot. pdon f 1 2. E. mm au" treafons murders rebellions and offences untill the firft of September before; 4. m. 23. whereby hee ftood difcharged from the vifcount Lifles death, and his iitlagaryes thereupon. carta in caftro de Che tenth of March in the firft of Richard the third, the king pardoned him y' all offences untill the 21* of ffebruary paft. carta in caftro de Che 9* of December in the fecond of Richard the third, the king efpetially Berkeley. parcjoned him all offences debts recognizances &c, untill the tenth of November before. Trin 13. H. 7. cum Cl)e fifteenth of ffebruary in the third of Henry the feaventh, the king rem. thefaur : parcJoned him all offences and matters whatfoever ; which in difcharge of divers debts demaunded of him by proces out of the Exchequer, hee pleaded in Trinity Terme after : #ne or two more there are, which I omitted in my notes. ffor the better difcharge of his houfhold port, when hee abode at Berkeley Caftle, which was from the death of his father, untill fuch time as king Edward the cKres: in Berkeley fourth with an augmentation of his ftile and honor, drew him to his Counfell table, Caftle. ^jee ufe(j veariy to fen(j a fhipp for wines to Burdeaux in ffrance : 3tnb in the year. 1477, being the feaventeenth of the faid king, upon returne of his fhipp, hee 602 retained twenty Tunns, for | his own provifion : the refidue the mafter of the fhipp had : Some of which charter parties for furnifhing the faid voyages yet remaine in Berkeley Caftle, efpetially for the fetting forth of the fhipp called the George of Berkeley, whereof the Cftre fheweth this lord to bee owner, and John Pembroke his fervant to bee mafter. Che abidinge of this lord Wittm in his fathers life time, was for moft part at Portbury, Afterwards at Berkeley Caftle, between which places his ufuall travell was by water, and over at the paffage called Crokarfpill ; The paffer whereof in the time 1491 Stttfe of IMliam a^arnueg 25erMep 137 time of Henry the fixth, exhibited a petition againft this lord Wiftm to Richard petitio cumThoma Duke of Yorke, (father of king Edward the fourth,) then lord of the manor of MorSanArm: Eafton, whereof one part of the faid pill is accompted to bee parcell ; complaining that this lord and his fervants paffed and would paffe at their pleafure without pay ing anything for their feryage, to the difinheritage of the faid Duke and his faid Tenants wronge ; And prayeth, that at the dukes faid manor hee might fhew his evidence for his difcharge and freedome in paffage, or els to pay as other men in paffing over there between the two Countyes of Glouceff and Somerfet, doe pay. Che firft of January in the 21* year of king Edward the fourth, the Duke of Warrant in caftro Buckingham by his warrant charged all his keepers and officers, That whenfoever e er e ev- and as oft as the right worfhipfull and his right entirely welbeloved cozen the vif count Berkeley lift to take his pleafure to hunt within any of his fforrefts, parks or chaces within the Counties of Kent, Surry, and Effex, That every of them fhould give him due attendance, and to make him as good difport as they can, as they intend to pleafe him, from year to year and time to time. ChijSf lord having in the 17'? year of Edward the fourth been outlawed at the Trin : 17. E. 4. fute of Richard Seintle of London for non-payment of debt of 9", Reverfed rot. 191. in banco. the fame by error, for that hee was fued and outlawed by the name of Willm Berkeley of Berkeley knight, whereas hee was at that time one of the lords and peeres of the realme ; And for proofe pleads verbatim his writ of fomons to the parliament the fame yeare. 3lnb it is not improper here to fhewe, That this lord dyed indebted to Wiftm Bill in Cane : Moore his fecretary for thirty old nobles which hee lent him, | And for. 70? wages, 5^ for which his brother Maurice was fued in Chancery feaven years after his death, by Wiftm Gifford Executor to the faid Wiftm Moore, whofe title and proofe was, That this lord Marques lying ficke, a litle before his death willed that the faid Moore fhould bee paid thofe fums before any others ; which the faid Maurice did,. • ; though hee was neither heire nor Executor, and not having any Affets in land or j ; perfonall eftate from his faid brother ; whereby appeares a great diflance between \ ; the difpofition of thefe two brothers ; The Marques hatinge Maurice at his death, j Maurice lovinge his memory and the repofe of his foule after life ended. 3In the 33* of Henry the fixth, Edward lord Abergavenny granted to this lord carta in caftro Wiftm the Stewardship of Chepflowe in Wales for his life, with the fee of twenty de Berkelev- marks by the yeare. T VOL. II I 8 Che £ibe£ of tfje 2&erMep£ 1463 carta in caftro %Xl the 39* of Henry the fixth, Anne Dutches of Buckingham made this lord de Berkeley. Wittm mafter of her games of Deere, and fupervifor of all her parks forrefts chafes and warrens in the County of Gloucefter. 3fn the 31 -of Henry the fixth John Mowbray Duke of Norfolke made this ^e^rkeley! ^ora^ Wiftm -Supervisor of his dominions of Gower and Kilvey in Southwales, and his fteward of Chepftowe, for his life, with the yearly fee of twenty pound. 3In the firft year of king Edward the fourth, the forefaid Anne Dutches of ^^erkelev' Buckingham made this lord Wiftm Steward of her lordfhip and manor of Thorn bury, for the life of his father the lord James, taking the fees thereto belonging and accuftomed ; And at this time was this Wittm foe feared of his fathers tenants, or grown foe potent over his old fathers affairs, as none of his Tenants would take any leafe or eftate from that old lord, but that they would either have thiss Wiftm to confirme the fame by his deed, or joyne with his father in the grant. £Dibcr£ perfonall differences being between this lord Wiftm and John Lord Beauchamp, afwell for fuch of his fathers goods the lord James as came into his hands, as for other caufes, they referred themfelves in the fixth of king Edward the fourth to the award of the lord Chancellor and of the Bifhop of Bath, whereto they promifed to ftand upon their faiths of Knighthood. | 604 p£ toibeg. <©Ut of what humor I know not, but longer did this lord folace himfelfe in a fingle life then any of his Anceftors from Harding the Dane, neither could any perfwafion work him to wivinge in the life of his father : §Jet, in a contrary quality more forward to contract his own fon and heire at younger years then any of his Anceftors, as after followeth. « Chi$ lord had three wives, who in their fimpathies and antipathies ftood thus in relation to him : Che firft hee loved not, nor fhee him : Che fecond hee loved entirely both living and dead, and fhee him : Che third hee loved, and fhee over ruled hiffl for her own ends, to the advancement of her felfe and her kindred. Vincent: fol: 631. ^jg firft wife was Elizabeth the daughter of Reginald Weft, lord de la ware, and of Magaret his wife daughter and heire of Robert Thorly Efqf whom hee maryed in the fixth yeare of king Edward the fourth in the third yeare after his fathers 1491 &ife of SBiHiam a^arqueg 25erftdep 139 fathers death, then about the age of one and forty yeares : jfrom her hee was divorced fhortly after, before any iffue had between them, by the fentence of Carpenter the Bifhop of Worcefter ; which fhee held, (and I beleeve,) to bee un- juft and partially given in his favor ; from which fhee appealed to the Court of Rome, and procured thence from pope Paul the fecond, tres compulfary dated the twentieth of November. 1467. being the feaventh year of the faid king, to have carta in caftro all the writings a6ls fentences difpofitions and myniments touching the faid divorce to bee fent to Rome, As by the in[f ]trument thereof under feale in the Caftle of Berkeley may appeare : i)er hufband and the partiall Bifhop held it wifdome to flop the ftream, ere it flowed to Rome, And foe ended that fute. $otD, for that I have obferved fome differences in opinion amongft fome worthy branches of this family about this lords lawfull or unlawfull putting away of this wife, (admitting it to bee for adultery,) and his mariage with another in her life time ; fome of them making this unlawfull A61 one of the greateft outward caufes, (in the eye of man,) of this lords dying iffueleffe after foe hopefull a pofterity had, and of | the confumption that followed of his patrimony, with other croffes, 605 Gods angry hand feeming ftreched out againft him in a troubled life ever after : I will a litle inlarge my felf upon this "point, And tell his pofterity That his fecond mariage as I conceive it was adulterous, wherein hee longe lived, and had iffue that mifcaryed ; And that though the adultery were proved, and the fentence of divorce ¦ "recorded, yet was not hee foe fet at liberty that hee might, in her life, marry with another, as hee did. 1. ffirgt, the A61 of adultery doth not diffolve the knot, or (as wee fpeake,) break the bond of mariage ; for then it would follow That the party offending could not upon reconciliation bee received againe by the innocent to former fociety of life, without the folemnizing of mariage anew ; which is a thing never heard off, and contrary to the continuall pracTife of all churches. 2. &eCOnbIp, the fentence of divorce cannot releeve him neither, for there is , noe lawfull fentence in any Court in cafe of divorce but it ever containeth an exprefs inhibition to either party to marry with another ; with intimation in flat termes, That from the time that they or either of them fhall goe about an other mariage, Quod extunc prout ex nunc, et ex nunc, prout extunc, (it is the ftile of the Court,) That prefent fentence upon record fhall bee utterly void to all purpofes, and they in the fame cafe as if it had never been given. 3. %aine, T 2 140 Che &ibe£ of the 2Serftelepg 1463 3. 3HgahiC, if the comitting of Adultery fhould diffolve mariage, Then both parties are in the fame cafe as they were before they were maryed, free and at liberty ; And then may either of them, afwell the guilty as the innocent, marry Ambr:in.i.Cor.7. againe, which is the very gaine the Adulterer or Adulterefs propounds to themfelves ; And foe would the comitting of fin, bee made gainfull or benefitiall to an offender. 4. SUgainc, if adultery diffolve the marriage bond and all, (as with this lords practice it did,) Then not onely every chriftian is excluded from that charity of receiving his wife againe, (having been faulty) to conjugall duties, without a new mariage, as hath been faid : but which is worfe, the innocent party, if hee have Auguftine knowledge of the body of his wife, having been falfe that way with another, fhould 606 in foe doing comitt adultery himfelf, in as much as hee hath had the | ufe of her body that is now none of his ; I fay none of his, becaufe their mariage is utterly diffolved by the act precedent of his wicked wife, if this opinion bee allowed. Iherom in Math. 19. 5. 3d gaine, if at the pleafure of every lewd man, or light woman, by comitting the fin with another, they might diffolve as many former mariages, and make way to as many new mariages as they lift ; for being weary of the firft, it is but to bee lewd of body and prefently the bond is broken, & liberty given to make choice of another ; And upon the like wearinefs, by the like Act, of a third and fourth ; It would bring with it a world of troubles and confufions and evill confequences, as the fecond mariage of this lord Wiftm in the life of this his former wife might have done, between his iffue of his fecond mariage and his next brother and heire. 6. 3lnb againe, if the word of God bee fought to, whether any favor may bee had there, it will appear, That duringe the primitive church even till of late years the Judgment of many great divines and the prefent practice of the law ecclefiafticall were one and the fame, and great reafon why : for the authority of the fathers was the ground of the antient Canons, by which the law in this cafe is ruled : Soe that but for the opinion of fome later divines, there need not bee fought any oppofition between lawe and divinity in this queftion, nor that diffraction happen, wherein wee fee divines to give, their hands for licence to that for which law will convent men and cenftire them too. 7. 3lnb againe laftly, it feems an unanfwerable ground, viz' That one may not in any wife have two wives at once ; for by the originall inftitution there can bee but two in one ftefh-: But this lords wife, though fhee profaned mariage with another, 1491 ttife of 3©iIIiam fll£arque£ S&erfeelep 141 another, was not thereby become the wife of him with whom fhee prophaned, but remained this lords wife ftill, whofe firft fhee was, and whofe only fhee can bee foe longe as hee liveth : And the word of God feems to mee plaine in this, The woman Rom. 7. 2. is bound to the man foe longe as hee liveth ; Soe that if while hee liveth fhee be- cometh another mans fhee fhall bee holden an Adultereffe ; from which very words the vow of mariage feemeth to have been framed, which then was and ftill is made in the congregation by either party, forfakinge all other keepe thee onely unto her foe longe as you both fhall live : And againe, To have and to hold for better for worfe till death us do part : 3Hnb thefe plainly fhew, (as I conceive,) That the bond of mariage is not broken but by death, And that though fhee fhould become another mans, yet | fhee is not become his wife : Che places of Sf Mark and Sf Luke feem 607 plaine, That a man having put away his wife cannot marry againe; And for the Mark. 10. n. place of Sf Matthew, where it feems to bee qualified with (unles it bee for adultery,) Math: 19. 9. it is all the fhewe that can bee made for thefe mariages ; Che rules both of divinity and reafon are, That when there falleth out any diverfity in places, firft to expound the leffer number by the greater and not contrary, That is one Evangelift by two, and not two by one : Secondly, to expound the former writer, (which is granted Sf Mathewe was,) by the later that writ after him, as both Sf Marke and Sf Luke did, and not contrary ; efpetially where both may ftand, as here methinks both may ; They two interpreting it, It is thus, Hee that putteth away his wife, (which but for Adultery is not lawfull,) and maryeth an other, comitteth^adultery himfelf : hotttbeit becaufe the pofition, that a man putting away his wife for her adultery may lawfully defence of John marry an other, is maintained by the learned writings of foe many late juditious l6Yo.a sprmi divines, in moft of the reformed Churches at this day, And hath foe troubled the pulpit in Sf Maryes In Oxford, which my younger yeares there heard neere forty years agone, I ftand an unable man to determine of either opinion, leaving this family to the cenfure of this fact of this great lord their Anceftor as it felf fhall affecl: : <3_5ut mee thinks, That a wife yl Is an Adultereffe doth not ceafe.to bee a wife, unles at leaft fhee bee manifeftly divorced, and difpoyled of her mariage ringe. % babe feen an old writing of this lords time, laying the pedegree of this In caftro de Elizabeth to bee the daughter of Reginald Weft lord de la ware, fon of ThofS er eey' Weft and Jone his wife, daughter of [Roger] lord de la Ware and Alienor his wife, daughter of John lord Mowbray and Elizabeth his wife, daughter and heire of John lord Segrave ; which John lord Mowbray and Elizabeth his wife had iffue alfo Thomas created Duke of Norfolke father of Ifable maryed to, James lord Berkeley mother of this lord Wittm ; Averring thereby That they were within the forbidden degrees 142 Che ffibejsf of rtje 25erftelep£ 1463 608 Vincents difcovery of errors fol : 631. 4. cartae in caftro de Berkeley. Efch : poft mort. Wiftmi Haftings. pat : 15. E. 4. in arce London. 4. cartse in caftro de Berkeley. pat. roll : 8. E. 4. claus:8.E.4.m.i2: capt. et recognit. 30. Octobris. degrees of mariage, hee in the third, and fhee in the fourth, And the divorce to bee thereupon : _ttDf)icft, if a caufe then and at this day, then more then twenty maryed couples within five miles of Berkeley Caftle, (not to fpread my knowledge further,) may bee divorced ; But to this old writing I wholly fubfcribe not. _©i$ fecond wife was Jone, (written alfo Jane,) who had formerly been maryed to Sf William Willoughby, and was daughter, (as Mf Vincent faith,) of | Sf Thomas Strangwayes and Katharine his wife, daughter of Ralph Nevill Earle of Weftmer- land and widowe of John Mowbray Duke of Norfolke; which Katharine was thirdly maryed to John Vifcount Beamond, and laftly to Sf John Woodvile; And dyed in the firft year of King Richard the third. Chig faid Jone was maryed to this lord in November Anno* 1468 . in the 8'!1 year of king Edward the fourth ; And for her mariage portion brought the manors of Kirkeby Malfart, Burton in Londefdale, Thornton, Newfame, Brind, and Grib- thorp in Spalding moore, in the County of Yorke, And the manor of Donver in Norfolke, for her life, of the inheritance of John Duke of Norfolke, fon of the faid John ; And one hundred marks p anii out of the kings Cuftoms of London. Che agreement about the mariage of this fecond wife will beft appear out of this lords obligation dated the 18* of October in the 8* of King Edward the fourth, whereby hee became bound to the Arch-bifhop of Yorke, Robert Danby cheife Juftice of England, and to Richard Pigot Serjeant at lawe, in three thoufand pound, with Condicon. That if before Chriftmas next hee maryed Jone Willoughby daughter of Katharine Dutches of Norfolke and fifter of John late Duke of Nor folke, And fhall before Candlemas day next following caufe himfelf and her to be enfeoffed of the manor of Hame in the County of Glbucf, of the yearly value of one hundred and threefcore pounds p ann, To hold to them and to the heires males of his body, with the remainder to his heires, And alfo fhall permit her to take the profits of the faid manors of Kirkby Malfart, Burton in Londefdale, Thorneton, Newfam, Brend, and Gripthorp in Spalding moor, in the County of Yorke, and of the man" of Donver in the County of Norfolke, And of one hundred marks yearly rent out of the kings Cuftoms at London, to bee difpofed of at her pleafure, for the maintenance of her felf and her children, and of her weomen fervants, without the interruption of him the faid Wiftm, Then the faid bond to bee void. IBhich forefaid hundred marks yearly rent out of the profits of the cuftoms in pat : 8. E. 4. ps. 2. m: 25 : 60g the Port of London, king Edward the fourth | had by his tres patents dated but the 1491 ttife of IBiHiam fl^arqueg J&ee&elep i43 the. 18* of Auguft before, granted to the f? Jone fifter of John late Duke of Nor folke, late wife of Sr Wittm Willoughby Knight, To hold to her and the heires of her body untill the king fhould provide her of foe much land with like eftate ; And carta in caftro de for the other manors, they were the inheritance of her brother the Duke of Norfolke. Berkeley. 3^er Joynture from this lord was at feverall times made extraordinary great, as cart: ?• «• et- "7- , _- Ai j _- r, , . , . , , . . / a > E. 4. in caftr. de the Caftle and manor of Berkeley, the manors of Hame, Apleridge, Alkington, Berk : Hinton, Hurft, Slimbridge, Wotton, Cowley, Cam, Simondfall, Daglingworth, Port bury, and many others : Nothing thought too much, The greateft too litle, for her. 3lnb to declare his further affection by adding what more hee had to give, hee claus\ TS- E. 4- the 28* of January in the fifteenth of king Edward the fourth, gave all his goods m' and Chatties to Thomas lord Stanley, Thomas Berkeley Efqf and others, to difpofe off, as their proper goods ; And by another deed of the fame date declares, That the former is made to them upon this great truft, That hee fhall ufe thofe goods during his life without their contradiction, And if hee dye before Jone his wife daughter of Katharine Dutches of Norfolke Aunt to our Soveraigne lord king Edward the fourth, Then they by their deed to grant thofe goods and chatties to the faid Jone as her proper goods, within ten days after his death, And not to come at all to his Executors. Chijs? Jone by her firft hufband had iffue Edward Willoughby, Richard, Cicely carta : 6. H. 7. in maryed to Edward lord Dudley, and Anne maryed to Sf John Beauchamp knight fon and heir apparent of Richard lord Beauchamp in the Twentieth of king Edward ca^a- f °'BE'k4' m the fourth ; To whom this lord Wiftm, in advancement of her mariage, gave his manor of Erlingham for their lives. %Vto by this lord Wittm her fecond hufband, fhee had alfo iffue Thomas Berkeley, and Katharine Berkeley. Cfiomag was born that year the lord Lifle was flayne at Nibley Green, as Stow, in vita: E. 4. formerly hath been faid ; And on the eighteenth of Aprill in the fifteenth year of king Edward the fourth, at the creation of Edward [ his eldeft fon prince of Wales, 610 and of Richard his fecond fon duke of Yorke, and the faid Thomas made knight of the Bath : At what time, though hee was not paft the age of five years, yet his ^SodeBSwlCT. father in June following enters into an agreement about his mariage with Mary daughter of Anne Counteffe of Penbroke ; And befides the portion received in hand, 144 Che =ttibe£ of the 2Derftefep£ 1463 hand, tooke of her nine feverall obligations of one hundred pound the peece for the refidue of the mariage portion of the faid Mary : wherein it was alfo agreed, That if fhee dyed before mariage or before carnall knowledge had, And that Wiftm then Earle of Penbroke had none iffue female within five years after to bee maryed to the faid Sf Thomas Berkeley, Then the faid obligations to bee voyd. 516 out one year before hee had by the faid Jone the faid daughter called Katharine, to whom her grandmother the dutcheffe her godmother gave name; carta : 9 : ffebruar And to her in the fame fifteenth year of Edward the 4* this lord conveyed his I5' Ed4Bm kfT° manor °f Came in generall tayle, after the deceafe of himfelf and his wife: J^oiBheit both the faid Sf Thomas and Katharine very fhortly after deceafed to the great voluntas Marchiofl- forrow of their parents, And lye buryed in the Chappie of Berkeley church w* the Berkeley. 7. H. 7. body of their grandfather the lord James. Cftough the manner of thefe two childrens deaths bee by many old tales diverfly delivered, As that they fhould dye by the biting of a mad dogg ; others that they fhould bee drowned in one, of the caftle wells ; And others that they fhould fall from off the leads over the Caftle wall ; (all which by feverall perfons at feverall times I have heard related,) yet I find not otherwife then that they dyed by natures ordinary vifitation, And foe I beleeve. carta. 6. H. 7. in caftro de Berk : 611 2Cnb not many years after, (without further iffue,) on Sf Mathias day in ffebruary in the firft year of king Richard the third, dyed the faid Jone, after that her huf bands creation had advanced her to the degree of a Counteffe ; And lyeth buryed in the pryory Church of the -ffryar Auguftines in London, between the Altars of our lady and Sf James ; for the repofe of whofe foule her hufband ordained two maffes | to bee there fung for ever, and a folemne obite yearly to bee there kept on the faid day, as formerly hath been faid. Vincent: fol 1631. Che third wife of this lord was Anne daughter of Sf John ffynes lord Dacres of the fouth, and of Alice his wife daughter and heire of Henry lord fit3 Hugh. whom hee maryed about two years after the death of the faid lady Jone, towards Catalog : of honor the end of the firft year of king Henry the feaventh, by whom he had noe iffue : Comp • Will freme ®$& Anne was this lords wife about feaven years, And after his death lived efcaetor : r4. H. 7. his widowe, and the wife of Sf Thomas Brandon, almoft the like time : And dyed carta in caftro de the tenth of September in the . 13* of the faid king Henry the feaventh, by whofe death the faid king had a full poffeffion of all the manors and. lands conveyed to him 149 1 Eife of 3©ittiam a?arnueg 25erMep 145 him by this lord Marques ; A great part whereof and of divers other manors fhee divers : comp. in held for her life in joynture and in dower, As Came, Cowley, Wotton manor, caftro ^Berk*.111 Wotton burrowe, Simondfall, Wotton liberty, Arlingham, Slimbridge, Portbury, l8- H- 7- et : al : .... tt- . tt ^-tvt 1 i 1 -i-ir 1 ann: Comp: 10. Alkington, Hinton, Hame, Newleyes, and the Warth. (H. 7. ibm. Cf)i$ lady Anne wrought profitably upon the age of her old hufband both for the advancement of her felf and of her kindred ; And, if not the raifer yet certainly a continuer of the ftorme that blew foe unnaturall a vapour between her hufband and Maurice his brother and heire. JJnon whom alfo Henry the feaventh played claus: 9. H. 7. m. as handfomely, in getting from her into his hands forthwith after her hufbands .breve de privat. death, fuch of thofe manors as lay neareft to Berkeley Caftle, as, Hame, Hinton, Sigillo in Cane : 9. Alkington, Hurft, and Slimbridge, as though hee had longed for the prefent - poffeffion thereof ; which hee defires forthwith to fee, as alfo thofe others ftill held by the Marques widowe, And in preparation againft his coming and ten days flay comp : rec : 10. H 1 att Berkeley Caftle, takes down the hall at Wotton houfe, And makes therewith ^h^'-m cafiro ,je the roofe of the great kitchen in Berkeley Caftle, adding to the fheets brought from Berkeley. Wotton five fodder of new lead, whereby that prime manfion feat of Wotton became wholly devafted ; which for the fpace of. 280. years had been as a Queen of houfes to this noble family; having thereby nothing left her but ruins and thofe ill witneffes of her perifhed beauty, declaring thereby that houfes as well as men have their ages and deftines ; In rakeing up of which rubbifh, after John Staunton in the feaventh year of king James had pur | chafed the fee farm of the Scite place of Henry lord 612 Berkeley, Hee then fhewed mee and others many fignes in guilded bricks ftones ( and peeces of timber, digged by him out of the depth of the rubbifh earth, which witneffed a perifhed excellency. And now by the king are Sf Tohn Walfh, Sf Robert Poynz and others, placed orig : fcacio. 7. H. r , i-ii ,. 7. rot. 28. et. 36. stewards Receivors Surveyers baylyes keepers woodwards and porters, over tneie orjg . g. h. 7. in manors Caftle and lands, (called in all accompts henceforth in the kings Courts, by fcaciorot.i6.et.i9. , et. 9. il. 7. rot. 42. the name of Berkeleis lands;) which after threefcore years (fhorter by ten then et.i3.H.7.rot.38. (Iheremies Babilonian captivity of the Jewes,) God revifits this family againe with et21.H7.rot.16. all, upon the death of king Edward the fixth, As after followeth in the life of Henry fol: [727] lord Berkeley. Mf Mill in his Catalogue of honor maketh this Anne to bee daughter of Sf catalog: of honor Thomas Strangwayes, and the widowe of Sr. Willm Willoughby ; And T : T : as ° " 4" hee there affirmeth maketh her the Daughter of the lord Beamont and of Katharine Dutches u VOL. 11 146 Che Eibejef of the 20erftelep£ 1463 Vincent fo : 53. Dutches of Norfolke his wife : 3llnb Vincent affirmeth her to bee the widowe of Sf Thomas Brandon knight when this lord maryed her ; miftakes on all three fides, as formerly appears; fomwhat by my means corrected by Mf Vincent in his dif covery of Yorks errors, printed 1622, out of the notes fomewhat before (for the Vincent fol: 630. fove of truth,) given him by mee, which hee accordingly helped in the later part of that booke. | 613 $i£ -tfeafeitf of 2trme£. Chi£ lord in the feals hee ufed feems to taft too much of the mother, for in the eighth and tenth of king Edward the fourth and other years, before the difcent of the inheritance of Mowbrayes land was caft upon him and his fellow Co-partner, hee, for his manuall or tre feale ufed the lyon born by Mowbray ; And for his greater feale, the Arms of Brotherton and Berkeley in one Efchucheon cornerwife ; And for creft the helmet and Bifhops miter ; And for fupporters, two unicorns, circumfcribed . S : honorabilis dni Witti de Berkeley et Wotton. Behold the refemblances in true proportion. $& heath anb place of buriafl. Efchaet: j. H. 7. Qftpg lord in the fifth year of king Henry the feaventh tooke an houfe within Wigorn : Warr : the precinct of the fanctuary at Weftminfter for five years at five pound rent, where Glouc: for a[s more comodious attendance at the Court hee lived till his death, which happened on Sf Valentines day the 14* of ffebruary. 1491 . in the feaventh yeare of the faid king, then of the age of 66 . years and three months or thereabouts ; whereof hee had fit lord, Vifcf, Earle, and Marques, about . 28 . years and three monthes ; And lyeth buryed in the Church of the Auguftine ffryars in London aforefaid. 1491 Hifc of 3©iHiam aparqueg 2£>erMep M$ lanbg tohereof hee bpeb £ci3cb. H7 % habe hitherto in the end of each lords life fet down what lands each of them Exemp : Sub left to his heire, whereof I nowe have better means to inform my felf then at any caftro de Berkeley time before ; The Inquifitions after the death of this lord Marques in the Counties 8 : H : 7. of Gloucefter, Warwick, Leicefter, Wigorn, Effex, Suffex, Somerfet, Ebo£, and other Counties, ftill fairly remaining in the chappie of the Rolls, And thofe in the County of Glouc: under feale in Berkeley Caftle: But when I look into them, I find king Henry the feaventh and many other perfons intereffed, and already entred into the poffeffion of the great maffe thereof, by their feverall remainders and convey ances therein found : *_But unto Maurice his brother and heire, Or to his three fons, Maurice Thomas and James, all at mans eftate and of apparent hopes, or to the fower fons of Thomas his youngeft brother formerly mentioned, I find noe difcent, or conveyance ofany land at all. 3fn forgetting thefe, I feared this lord had forgot his name, for they were all the males then living, difcended from the loynes of his father, | and princely pious mother : And therefore I hoped for better in his laft will, for, dies dabit quod dies negabit, what is not of this day may bee of too morrow ; But quanta de fpe decidi, how farr was I deceived in this great Marques I 6i5 % founb in his will that which was more harfh ; To Ifable Berkeley daughter Volunt. Marchion: of his faid brother Thomas, a legacy of twenty markes given her by this lord, to prerog : Cant. bee paid in ten yeares ; And to Margery Berkeley her fifter five markes ; And to Richard Berkeley their brother, a' legacy of forty fhillings; And to John Berkeley another brother, a remainder of leffe valewe then the leaft of all the former legacies : Sl^anp manors and lands and great legacies given to divers ftrangers, for life and in ffee fimple ; but noe more, or other, to any of his brothers, nephewes, or neeces. % feareb that at the making of this will ficknes had bereaved this lord of tmderftanding, but the date and compofure thereof declared it to bee in the time of health and memory ; I called to mind that this lords brethren, Maurice and Thomas, were adventurers of their lives with him and for him and for the honor of their fathers pofterity in the fkirmifh at Nibley green ; That Maurice out of brotherly love to him and his honor, upon y* fhort warning of one night at moft, ftole from his young wife and tender fon, (the hope at that time of both their pofterities,) and met him with a fair band of men, Mf Hilpe, and others, fuddainly r., raifed u 2 148 Che Hibe£ of the 25erftelepg 1463 raifed from Thornbury, where hee then dwelt, early the next morning neer Nibley green ; Chat for his fake and in his quarrell, both their lives were foe farr in- dangered That they ftood outlawed for felony, and ranne the hazard of an appeale of murder, ftrongly profecuted ; Chat Thomas till his death, And Maurice till this lords. vaft havocking of his patrimony, were as fervants under his direction. carta in caftro de 3Cnb calling mine eye into the distribution of his lands given to charitable ufes, Berkeley.- an(j tQ pray cQr fouieSj j faw tfoe foule 0f Thomas remembred with an Ave Maria, Cicero : and Pater nofler ; but the foule of Maurice, malitioufly and purpofely omitted ; 6 curvae in terris animse et csleftium inanes ; This man was born for himfelf and 616 intended his houfe and family fhould | end in himfelf ; A pofition that the heathen v abhorred. Rot. pari: 17. E. 4. m : 12. n? 16. 49. 50. nupt : lib. 4. fol 354 J^ee was prefent at the parliament in the 1 7* of king Edward the 4* when George Nevill Duke of Bedford, fon and heire of John Nevill Marques Mountague, Vincent fol : 48. for want of means to fupport that eftate, was degraded from the degree of Duke / Marques Earle and Baron; And the reafon by this lord Wittm with other his fellow peeres in that parliament then given to bee, for that the law is foe when any wanteth livelode to fupport the dignity : for it nothing availeth to have honor to difcend to the heire of the houfe, and litle or nothing to maintain that eftate or Nevizati filva dignity : A learned civilian holdeth, That diminutis divitijs, diminuitur honor, nam dat cenfus honores, cenfus amicitias ; And that if a noble mans eftate bee decayed, hee fhall noe more, (faith hee,) bee accompted noble, becaufe hee cannot maintaine that ftate and title of honor : 3Hnb thereupon, faith the gloffe, Baro non poteft dici baro, nifi fit potens ad tenendum equos et arma : And that when fitting means and livelodes are wanting to maintayne thofe great callings and titles of honor, divers inconveniences cannot but happen in" the Country in which fuch needy nobility fhall abide : 5lnb that learned man concludes, That paria funt perdere vitam ac perdere dominium, nam bona temporalia .funt vita hominis, et per divitias decus et honor in family's confervatur, et propter paupertatem familiae fordefcunt ; A like it is (faith hee) for a great man to loofe life, and to loofe lands ; for temporall poffeffions are the life of man, And by Riches is worfhipp and honor preferved in familyes, where as by poverty they grow contemptible ; And therefore this lord leaving nothing to difcend upon his brother and heire, hee declared his malice to bee eternall, even in bereaving him of the dignity of a Baron : who nevertheleffe is not found to have given any other offence then in contefting againft his cutting off the old entaile of the Barony of Berkeley, and in eftating (he fame and a threefold greater maffe, upon 149 1 ttife of JEiUtam fl^arque^ S&erftelep 149 upon ftrangers, for aire and vain glory ; forgetting withall the rule of the divine lawgiver, SDoe not to another that which thou wouldefl not another fhould doe unto | thee; otherwife hee would have thought upon his forefathers, And not have expofed 617 their pofterity to mine or bafenes, as though hee had defired that all their honor and antiquity fhould end in him, and himfelf in his own infamy : |^ot now remem- bringe what his own petition to king Edward the fourth had affirmed of his faid brother Maurice and himfelf, to Bee the fons of that lady that was difcended of his high bloud ; inftancing that lineage as an argument for favour from that king, and for better fpeeding in his fuites ; 25ut God otherwife difpofeth than this Marques did purpofe ; And how could' hee purpofe good at his end, that did foe litle in his life ; 2<t his harveft day is come, let him reape as hee hath fowed ; tyee deferveth noe honorable memoriall in this Catalogue of the generations of his fathers. Che amplication anb u£e of big life. \ 1. ffTom the foule life of this lord may bee drawn many faire inftructions for his The ufe. pofterity ; firft to begin with God in onr youth, That our elder years may rellifh him the better ; The proverbe is wicked, A young Saint, and an old devill ; for quod nova tefta capit, inveterata fapit : All veffells taft of their firft feafonings ; j&oone crookes the tree that a good cambrill will bee ; Quickly pricks the tree that a good thorn will bee ; Seldome doth that man end well, that began ill ; J)ee that walketh mad a mile, feldome comes homes wife ; 3fig in this lord, whofe ill led life in youth grew worfe in age ; % man that from the font to the grave, from his fwathing bonds to his winding fheet, walked alwayes byafwife.1 2. .Seconblp not to dipp the tipp of their finger in bloud leaft the wholl body bee defiled, as hear wee fee it : Margaret Countes of Shroef | bury, lawlefly powring 618 out the bloud of the lady Ifable this lords mother, had the fame meafure returned upon the head of her grandchild and_^ heire, the lord vifcount Lifle, by this lord Wiftm, fon and heire of that lady Ifable; 91nb the cry of bloud in both foe prevailed ' with God, That againft hope and likelihood they left noe iffue to pofterity, as before appears ; 2finb it is to bee noted, That howfoever this fac\may in honor and reputa tion feeme juftifiable, yet^evill doing is oyer attended with ill fucces ; for this family feeth That this their Anceftor who made another childlefs had by the returning hand of heaven his own children fhortly after taken from the earth, and the bodies of himfelf and his wife,' contrary to hope, dryed up in barrennes. 3. Cflirblp, 1 In a Hoping or flippery manner. — [Ed.] 150 Cfje %itoz$ of the 25erftekpg 1463 3. Chirblp, not to daube up our titles with the morter of violence or bloud, as this lord did, which notwithftanding all poffible art ufed in the fmoothing, yet never left fhaking till it diffolved and fell about the workmans ears : flea, and from the pofterityes of all this lords brethren alfo, for that their partaking hands were im brued in the fame bafon, The flaine whereof remained till fower generations did wafh it out, As in the life of Henry lord Berkeley appeares. 4. ffburthlp, That it is not much having That maintaineth a family in a plenti- full eftate or maketh rich, for none of this lords Anceftors had fo much as hee ; But a provident faving and a wife hufbanding what wee have, which this vaft lord neglecting, fcarce found fufficient for his later years, and left nothing to pofterity fave a thriftlefs prefident ; which if they ferioufly viewe this example in their own meridian of this unadvifed prodigall man, may ferve as a reclaymer from inordinate prodigality, And bee a perfwader to difcreet frugality, the true conferver of ftate and families. 5. ffifthlp, not to tranfgreffe that morall duty required by God and nature, our obedience to our parents ; a commandment which this lord for many yeares groffly tranfgreffed, And fped thereafter. 6. _$i£thlp, not to make our malice or difpleafure immortall towards any, but 619 leaft of all to our brethren or Allies ; An offence of this lords | which I pray the heavens may blot out from the remembrance of men, and never bee againe beheld in this family 7. &eabentf)lp, not to bee too popular or ambitious : for mens titles are but mens breath, a blaft of air and wind ; 3(f popular titles, the wind of a vulgar pair of bellowes ; 9.f of a higher ftraine, the wind of a guilt pair of bellowes, Soe all but wind. <§>todl all thou canft, thou art but a fhadowe ; Cafee the wall of the gods if thou wilt, All thy glory is but vanity ; 3lnb under thy name, (man,) are compre- Seneca trag : hended all the vanities and miferies of this world, Quemcunque miferum videris, hominem fcias : 8. <£igf)thlp, fith rj00bne£ and greatlteg are the true ends whereto each man intends, And according to that choice, of being good or great, each man doth frame the practice of his life : Sith this lord by choofing greatnes did nothing benefit himfelf but hurt his pofterity, I wifh his prefent heire may, (by this error of his Anceftor,) 1491 3Ufe of HMHtam a^arqueg J&erftelep 151 Anceftor,) after that choice, And furely by being Good hee will be great alfo, And better fpeed with God and man. 9. 2Ugatne, it is not the leaft of wifdoms meditations for this lords poflerity to confider, how this great lord and Anceftor of theirs was befool'd or flattered out of his eftate, or fuffered himfelf foe to bee ; And to obferve the miferable fate of princes and great perfonages, to bee eaten up and their pofterities alfo, by flatterers, the cruelleft of all beafts, Beafts that bite fmiling ; whereas'wife men are never much affected with the applaufes of the rude and unfkilfull vulgar, but hold faft to their own well chofen and well fixed refolutions : Every foole knows what is wont to bee done, But what is beft to bee done is known onely to the wife : The wifer the man, the lefs hee will looke after the vain and popular multitude. 10. _Ka$tip, by the death of this Marques children, and his dying iffueles, his pofterity may conceive That hee paid thereby the debt of bloud w* himfelf had fhed; A crying fin, which I pray may never houle in the generations of this family: And take his character from this, That hee was much trufted And received alike honors and favors from thofe four kings, Henry the fixth, Edward the fourth, Richard the third, and Henry the feaventh ; as oppofite | and difcording amongft 620 themfelves, as man might bee to man ; And yet this lord held unfufpected by each of them : But, whether with this ferpentine prudence hee had columbine fimplicity, I leave his life to declare, and his pofterity to Judge, and thereafter to make their ufe. ©he Cife of Jttatmre the .fifth 59/ Clje Eife of Maurice Lord Berkeley the fifth of that name, ftiled in writings, Maurice Berkeley of Thornbury Efqr ; 5lnb Maurice Berkeley, brother and heire of William late Marques Berkeley; 3lnb Maurice lord Berkeley, brother *and heire of William" late Marques Berkeley and Earle of Nottingham ; 3flnb Maurice lord Berkeley ; 3Unb Maurice Berkeley, lord Berkeley. 5ttnb was Attavus, or as our Anceftors the Saxons called him fiftha fader, to the now George lord Berkeley; And wee at this day in Englifh, great-great-great-grandfather, or great grandfathers grandfather. 3Gnb may bee called Maurice the Lawier. Contemgorarp with king Henry the feaventh, from the year 1 49 1 till 1506. i©hojBfe life I deliver under thefe Nine titles, viz'. 1. — J^ig birth and education, fol : 598. 2. — ^\0 Suits in law, fol : 599. 3. — <0f the Advowfons of Wotton and Slimbridge Churches . fol : 613, 615. 4. — l|Jt£ wife, fol : 618. 5.— J^i£ iffue, fol : 623. 6. — I^ig feales of Armes, fol : 633. y. — j^JiSf death and place of buriall, fol : 633. 8. — C&e lands whereof hee dyed feized, fol : 634. 9. — ^ftje application and ufe of his life, fol : 636. 1 The numbers of the folios in paffing from Vol. II. to Vol. III. of the MS. overlap. Vol. II. ends with fo. 620, and Vol. III. begins with 597.— [Ed.] x VOL. II 154 Che Hibeg of tf|e S&erhelepg 1491 598 H Efcha : 8 et 9. 7. m. 7. Com. £ ©i£ 2£irth anb <£bucation. tjtS lord Maurice was the third fon of the lord James his father and of the lady Ifable his wife, born at Berkeley in the yeare of our lord 1435, in the fourteenth year of king Henry the fixth, if the Inquifitions after the death of his brother Marques Berkeley have his age aright ; And now at his age of fifty fix years, (by the death of the two elder fons without iffue,) becometh in this. 7* of Henry the . 7* heire to his fathers Barony, but withdut any of that land ; wild being the firft of third feaven, by his induftry recovers all, As Maurice the firft of the fecond feaven, by his Rebellion loft all. Che education of this lord Maurice was likewife at Berkeley under his parents, untill the forceing of the Caftle by the lord Lifle in the 30* of king Henry the fixth, and the murder of his vertuous mother in the year after, about the 17* of his age ; what time himfelfe with his father and three brothers were made prifoners, holding their lives at the mercy of thofe that hated them, as in the two laft lives of this lords brother and father, is at large related. Diverfse cartas in caftro de Berkeley. 599 3ftt the fifth yeare of king Edward the fourth, about one year and a halfe after his fathers death, this lord Maurice, then in the thirtieth year of his age, maryed and lived with his wife at Thornbury, (where of his own and hers hee had faire lands, and thereby was comonly called Maurice Berkeley of Thornbury,) untill the fifth year after, when hee affifted his elder and younger brothers in the encounter at Nibly green, whereat the lord Lifle by them was flaine ; for which fellonious fact, hee was outlawed, and inforced for fome time after, (till peace was made and pardon procured,) to withdraw himfelf and leave Thornbury, as formerly is related; whither after hee returned and for many yeares remained. | f$i$ guitg in Satoe. %t fuch time as this lord Maurice beheld all his elder brothers Children dead without iffue, And the lady his wife whereby hee had them not more likely to live then unlikely to have more: when after hee faw her dead, and his brother as unlike by reafon of age and other defects to beget any other : but more efpetially when afterwards 1506 3tife of Maurice the fifth 155 afterwards hee faw his brother remaryed to another wife, as unlikely by reafon of her years to conceive, as hee to become a father, his pulfe could not otherwife beat, then with a ftrong affurance that himfelf, (at leaft his fon,) fhould inherite that eftate whereof the Earle his elder brother was in thofe times feized ; wherein hee was foe confident, That upon the mariage of Maurice his own fon and heir in the fecond year of king Richard the third, (as at fome other times,) hee covenanted under his hand and feale to affure unto his daughter in lawe one hundred marks Joynture by the yeare, out of the manors of Came Slimbridge and others, which fhould difcend to him after the death of his faid elder brother ; never fufpecting that any paffion could foe prevaile as to work his difinheritance of the Barony lands of Berkeley : ffaith and Hope can never forfake an honeft man, And every noble creature upon earth liveth under hope ; So did hee : 2£>ut this Accompt hee caft without his hoft, for within lefs then feaven years hee had nothing that was his Anceftors left unto him, or to his fons, in poffeffion, in reall or perfonall eftate, more then a tongue to complaine of the injuftice of a brother ; And foe might have ftood upon the tune of Jobs naked coming, and naked againe returning ; And how that that God that gave Job : cap. 1. V pre • o t had againe taken away what hee had given ; And have contented himfelf with the confideration of fortunes change in this great theatre of the world, and to have acknowledged it to bee but as the perfonating of a player, or change of garments, on the leffe th«atre ; And have faid, That man is not unlike a tenis ball, Now toft aloft, now dafht againft a wall. But hee turned another way, and added a wife induftry to every ordinary meanes ; | The date tree mounteth moft, when burden preffeth down, 600 And virtue moft doth fhine, when fortune moft doth frown. And according to the Nobler parts of his excellent fpirit, refolved in this his fficonomicall diftreffe to turn every ftone, and to begin with a juditious examination of the validity of his brother Marques Deeds of faies, as his firft attempts of rowf- 1ng up of fortune; wherein hee found a greater fpring of Gods mercy flowing upon thofe endeavours than at firft hee might have hoped for, leaving thereby a more memorable example to his pofterity then himfelf had found in any of his anceftors ; which his induftry was foe bleffed from heaven That hee juftly hath the honorable teftimony amongft his generations to bee the reftorer of his houfe, and a fecond father to his family. Wfytn the Inquifitions after his brothers death the Marques were returned into the Chancery, which prefented unto him out of all Counties the Alyenations which hee x 2 156 Che Xibeg of tije 2£»erfcriep£ 1491 hee had made, hee then perceived himfelf born under the fame conftellation with his father and brother, That with them hee muft enter with fuites and as unlike as they to end them but with his own days, which proved true ; In this only different, they to defend their old Inheritance difcended upon them, hee to regaine part of that, (if hee could,) which his elder brother had profufedly given away and fcattered, with the fufpention of his Barony. C^e firft of his brothers conveyances which this lord took into confideration was the fine leavyed in the third year of king Henry the feaventh of the manor of Slimbridge with the appurtenances, (amongft others,) in the County of Glouc; with a render therein to himfelf and to the heirs of his body, the remainder to the faid king and the heirs males of his body, the remainder to the right heirs of him the faid Marques: Hee found withall, Chat in Slimbridge was another litle manor called carta in caftro de Sages, which his Anceftor Thomas the third had in the time of king Edward the er e ^ third, purchafed of one John Sage, confifling of feaven Tenements and 290 acres of Land, of the value of 1 5* p ann or thereabouts, lying fcatteredly difperfed within the parifh of Slimbridge : Here hee efpyed the firft glimpfe of the dawning of a faire day, for under colour of that fine, (of the manor of Slimbridge cum ptinen,) 601 the king, (the | Marques being dead without iffue,) had entred alfo into the little manor of Sages, And as part of Slimbridge manor tooke the rents, and profitts. Rec: in fccio Recdncur.Augin. H&hereU£On this lord exhibits his petition to the kinge, fhewing that this Sages manor, (called alfo Sages livelode,) was an antient manor of it felf and noe part of the manor of Slimbridge, nor comprehended in any fpetiall or generall words of the faid fyne ; And that the king befides this manor of Sages, had as much in Manors acres and rent as was contained in the fine ; %\l which, after furvey taken by Comiffion, and certificate from the kings Auditor Surveyor and Receivor, (returned into the Excheqer,) being found to bee true, hee was licenced to enter into and hold the faid manor of Sages ; And this was the harveft of his firft labours, and part of the crop of five years paines. Ctje tenth of Aprill following in the 14* Rec. cur in caftro yeare of Henry the 7* hee enters and holds his firft Court for the faid manor of de Ber e ey. Sages, whereat each tenant did atturne and recognize what feverally they held; And carta in caftro de the twentieth of May following, (mindfull of his faid Covenant made upon his 61 e ey' daughter Anne her marriage,) demifed the faid manor, (by the name of Maurice lord Berkeley,) to Wiftm Denis his fon in lawe for nine years, which was part of her mariage portion. 1506 Eife of Maurice the f ifth_ 157 __j^t0 fecond onfet was againe upon the king, to whom, (whilft the former for Sages manor was in chafe,) hee exhibits a fecond petition, wherein hee layeth down the words of his brothers fines levyed, (with like remainders as aforefaid,) of the manors of Berkeley, Hame, Apleridge, Cowley, Alkington, Came, Hinton, Wotton, Simondfall, and Arlingham, and of certaine meffuages, lands Tenements and rents in Slimbridge, Kingfcote, Horwood, Horton, Nibly, Sherncliffe, Erlingham, Iron Acton, and Acton Ilger, in the County of Glouc. ; And fhews, That under colour thereof John Walfh his Maj'V* Receiver had taken from him two and twenty marks of yearly rent in Frampton upon Seavern, which was not comprifed in any of the faid fynes, and whereof his brother Marques dyed in ffee, as of a rent in grofs out of the fi manor of Frampton, And was not a rent appertaining to any of the faid manors : 3Uttb for proof, layeth down the firft creating of that rent by his Anceftor Thomas the fecond in the 33* yeare of king Edward the | firft ; And alfo how it appeared by the laft will of the faid Marques That it was not contained in any of the faid fines, for that his intent therein was That two Preifts fhould after his death bee maintained with the fame to fing for his foule ; And therefore defired to bee reftored to the faid rent, And to have tres of difcharge to his Majt;fs officers ; which was done in the like courfe of Survey and certificates as of Sages manor ; And this was the further crop of his fecond harveft. Petitio in caftro de Berkeley. finis Hillar. 3. H. 7. in banco. fin. Trin. 3. H. 7. in banco. finis. 32. &$$. E. 1. in banco. 602 carta in caftro de Berkeley.,Voluntasmarchioii 1491. 7- H. 7. J^ijf third induftry, (labored alfo whilft the two former were on foot,) was with S' Thomas Brandon knight, Afwell whilft hee was hufband to Anne the third and laft wife of his brother Marques, As after her death ; between whom upon a fuite in Chancery at laft it was agreed, (fhee being dead,) That the faid ST Thomas fhould fuffer this lord Maurice to receive all the rents and profitts of the manors and lands that were his faid brothers, which the faid ST Thomas had to difpofe for the per formance of the faid Marques will, from Michaelmas before, And to releafe all his right and intereft in them, and to deliver up all the evidences concerning them, And to doe his beft endeavour that others enfeoffed with him fhould doe the like: And to juflifie all fuch fuites as this lord Maurice fhould bringe in his name againft any perfons as adminiftrator to the faid Marques his brother, for any debts covenants or duties due unto him : J^ee on the other part covenanting to fave harmleffe the faid Sr Thomas Brandon from all a&ions that fhould bee brought againft him as Ad miniftrator to the faid Marques, And to pay all the Marques debts, or to compound for the fame : And thus did this lord wifely winde himfelf into the poffeffion of the manors of Winge, Segrave in Pen, and little Marloe in the County of Buckingham; And into the manors of Sileby, and Mountforrell, and the hundred of Gofcote, in the County carta: 25. Junij 16. H. 7. in caftro. de Berkeley. Bill in cane. 15. H. 7. carta. 16. H. 7. in caftr. de Berkeley. Volunt Marchionis Berkeley. 7. H. 7. in cur. prer. Cant. 158 Che %toz$ of tf)e 2£>erfeelep£ 1491 County of Leicefter, and divers others ; And alfo enabled himfelf to take the benefit of his brothers Covenantors, and the better to dive into his titles and conveyances, none of which the gall of Anne the Marques widow whilft fhee lived would permit him to doe. 3Dftil£t thefe and many other queflions raifed by this lord Maurice were con troverted, the manor of Tetbury in the County of Glouc, and of Maningford Brewes in the County of Wilts, the moitie of the manors of Leigh, Cothorne, and Gate Burton, in the County of Line, and of Woverflhorp in the County of Yorke, dif- 603 cended upon him as being one of the two coheirs of the lord Breoufe ; | whereby hee was the better enabled both in eftate and reputation to purfue the Weftminfter hall warrs, wherein hee dyed imbroyled, as after followeth. 5tboUt this time a declaration or claime was drawn by this lord and his counfell of his title and his fellow copartners to divers other manors and parts of manors, and lands, wherein the difcent and title is in thefe words thus laid down, as in an old hand-writing of that time in the Caftle of Berkeley appeares ; 1. Maurice lord Berkeley is cozen and one of the heires of Thomas fometime duke of Norfolke, Earle Marfhall and Warren, lord Mowbray, Segrave, Gower, and Brewes ; of the Caftle and lordfhips of Holt, Bromfeild, Yale and Wrexham; That is to wete, The faid Maurice is fon of Ifable, fifter of John, fader to John, fader of John late Duke of Norfolke, which third John late Duke of Norfolke had iffue Anne, married to Richard the fecond fon of king Edward the fourth. 2. ^.tettl, That Thomas Earle of Surrey is another Cozen and heire unto the faid John third Duke of Norfolke ; That is to fay, fon of John Howard knight laft Duke of Norfolke, fon of Margaret fifter to the faid Ifable, and fifter to the faid John fader of John, fader of John ; which third John was fader to Anne that was maryed to Richard fecond fon to king Edward the fourth. 3lnb fo the faid Maurice now lord Berkeley is cozen and one of the heires to all the faid three dukes, And to the faid Thomas fometime Earle Marfhall and afterwards Duke and fader to the firft of the faid three Johns Dukes of Norfolke, &c. and comperciner with the faid Thomas Howard now earle of Surrey, and inheritable with the fame Thomas to the Dukedom of Norff. Earle Marfhall and Warren, lord Mowbray, Segrave, Gower, and Breoufe. 3. f tern 1506 Hife of Maurice tfje fifth 3. %tettl, the faid Moreys now lord Berkeley is Cozen and one of the heires of Thomas fometimes Earle of Arundle, and of Richard fader of the faid Tho? That is to fay, fon of Ifable daughter of Elizabeth, one of the daughters and heires of the faid Richard late Earle of Arundle, and fifter and one of the heires of the faid Thomas. 4. 3|tem, Thomas Earle of Surrey is Cozen and another of the heires afwell of the faid Richard late Earle of Arundle, as of Thomas late Earle of Arundle ; That is, fon of John Howard knight late Duke of Norfolke, fon of Margaret daughter of the faid Elizabeth, and one of the heires of the faid Richard late Earle of Arundle, and fifter and one of the heires of the faid Thomas Earle of Arundle. | 5. 0[tem Thomas Standley knight Earle of Darby is a Cozen and third heire 604 of the faid Richard and Thomas late Earles of Arundle ; That is to wete, The fd Thomas Earle of Darby fon of his moder daughter of the faid Elizabeth late Dutches of Norfolke, daughter of the faid Richard late Earle of Arundle, and fifter to the faid Thomas. 6. ^ttSTO* ST John Wingfeild knight is Cozen and one of the heires of the faid Richard and Thomas late Earles of Arundle ; That is to wete, the fon of John Wingfeild knight, the fon of his moder daughter of the faid Elizabeth late Dutches of Norfolke, one of the daughters and heires of the faid Richard late Earle of Arundle, and fifter to the faid Thomas. 2Htlb then in the faid old writinge followeth thus : ^cmoranDum, that the faitl Elizabeth late Dutches of Norfolke had two hufbands, That is to fay, Thomas Earle Marfhall, afterwards Duke of Norfolke, by whom they two had iffue the faid Ifable moder of my faid lord Berkeley and Margaret grandmother to the faid Thomas now Earle of Surrey. 5lnb then thus : S^emoranbum, that there was a third daughter of the faid Richard Earle of Arundle and fifter to Thomas, called Margarett, and maryed to one Lentall, which Margarett is dead without iffue : And foe the f? Earle of Surrey, lord Berkeley, the Earle of Darby, and Sr. John Wingfeild, been heires to the faid Elizabeth late Dutches of Norfolke, and inheritable to the moitye of the Arundle lands that bee not entailed to the heires males in the form abovefaid. Sftem, 159 160 Che Hibeg of the SSerftelepisf 1491 3(tem, George Nevill knight lord Burgevenny is Cozen and one of the heirs, afwell to the faid Richard late Earle of Arundle, as to the faid Thomas late Earle of Arundle, and inheritable to the moitye of all the manors and Caftles that longed to the faid late Earles of Arundle not entailed to the heirs male hooly ; Againe, the faid Earle of Surrey, lord Stanley, lord Berkeley, and ST John Wingfeild knight, That is to wete, fon of George, fon of Elizabeth, daughter of Thomas late Earle of Worcefter, fon of Jane fomtime Lady Burgevenny, the fecond daughter to the faid Richared late Earl of Arundle, and fifter and one of the heires to Thomas late 605 Earle of Arun|dle, and the faid Jane full fifter to the faid Elizabeth late Dutches of Norfolke, and one of the heires and compertioners unto the faid Thomas late Earle of Arundle : Chu& this antient writing, which I have hear laid down in the fame words, Afwell for the great Noblenefs of the Allience and difcent of this in- duftrious lord, whofe princely bloud yet ftreameth in the veynes of the numerous pofterities of himfelf and of Thomas Berkeley his youngeft brother, and others dif cended of their mother, as before in the iffue of that Thomas and his fifters, and as after in the iffue of this lord Maurice appeareth ; As alfo for avoiding ^ of often repetitions in the titles which this lord pretended to divers great poffeffions, which now doe follow, not otherwife foe fairely to have been avoided. Efch : in Com ^Jje Inquifition after the Marques Berkeleys death taken in the County of Cane! York the 30* of Auguft in the . 8* year of king Henry the 7* findeth a conveyance by him made the 23* of February in the third year of the faid king, of the manors of Donington, Thwaites, Thrifke, Hovingham, Kirkeby Malafard, and Burton in Lovifdale, to the ufe of himfelf and yf heires of his body, And for default of fuch iffue, To the ufe of Thomas Stanley Earle of Derby, and the heirs of his body ; And for default of fuch iffue, To the ufe of the right heires of him the faid Marques ; That the Marques was dead without iffue in ffebruary before, And that the faid Earle of Derby had entred and taken the proffitts of the faid manors, and that this lord Maurice was brother and heire to the faid Marques, fifty fix years old and upwards. <©ther Inquifitions alfo in other Counties find the like Con veyances of eftateing of the faid Earle of Derby, for default of iffue of the faid Marques, in the manors of Winge, Segrave, and Penne, in the County of Bucks, And in the manor of Denge ats Dengy in the County of Effex, And in the manors K of Epworth, Belton, Haxey, Oufton, and Wrote, in the I fie of Exholme in the County of Lincolne, And in the manor of Alfpath in Meriden in the County of Warwicke ; 3fi.gain.5St which conveyances this lord Maurice raifeth his utmoft oppo fition, and foe ftrongly purfueth againft the faid Earle and George lord Strange his eldeft 150° Uife of Maurice the fifty 161 eldeft fon, And after their deaths againft Thomas Earle of Darby fon of the faid carta irrot. in George, That the 8* of November in the 21* yeare of the faid king, (after many 2I# jj. 7. References in five former yeares to divers noble and learned Arbitrators, which bare noe fruite,) they came to an agreement ; and a finall peace amity and award, (to ufe the very words of the deed of | Award,) by the mediation and advice of their kinf- 606 folks and friends, and of ST John Fyneux cheife Juftice of the kings bench, and of ST Thomas Frowicke cheife Juftice of the Comon pleas, was made between the faid Earle on the one part and this lord Maurice and Maurice Berkeley his fon and heire apparant on the other part, whereby this lord Maurice had to him and his heires the lordfhips and manors of Winge, Segrave, and Penne, in the County of Buckingham, the manor of Denge ats Dengy in the County of Effex, and the manors of Hovingham Donington and Twaytes in the County of Yorke. Sfitib the faid Earle of Derby had to him and his heires the faid manors of Belton, Haxey, Oufton, Wrote, Thrifke, Kirkeby Malfard, Burton in Lovifdale, and Alfpath Recov'y. Trin. in Meriden, and all lands in any of them. And recoveryes and other affurances rot.42o?Eboa.&c. were had and fuffered accordingly by either party, each to other. in banco. Ranging this fuite, which was longe and chargeable, and againft as noble and potent adverfaries as lived in thofe days, and upon whom fhined the favours of the time, As many indirect and collaterall courfes were laboured to barre the titles and claimes of this lord Maurice, by collaterall Warranties and otherwife, as wit, money, law, favour of time and greatnes could worke ; whereof, (omitting many which I have obferved,) I hear only mention three Deeds which the faid Earles procured in * Cartae irrot .in ' ' . h <• 1 r - 1 1 • com. banco. Mien: Aprill in the 13* of King Henry the y% and in Auguft in the 16'? of the faid king ; Term. 17. H. 7. whereby Ifable Harrifon widowe, daughter and heire of Alice, one of the daughters ^^"' H" of James lord Berkeley and filler of the whole bloud to the faid Marques Berkeley and to this lord Maurice, (for fo the Deeds lay down her pedegree,) releafed to the faid Thomas Earle of Derby and his heires all her right in all the faid manors particularly, And alfo in Slagham in the County of Suffex, and in Wiffeld in the County of Surry, And in Segrave in the County of Leicefter. 9Unb the (aid Earle, the better to ftrengthen his title, did in the 20'? of king Henry the 7* give 1300 carta in caftro marks to Elizabeth Dutches of Norfolke,. to wind himfelf into- poffeffion by buying de Ber e ey> out her eftate for life in fome of the faid manors, which (as her death declared,) would have fallen into his hands within two yeares after, whereby hee made noe very good markett ; yet did this induftrious lord Maurice breake through all barrs \j and obftacles, andjarevailed as aforefaid. ^ObJbeit this peace was not fo foundly on each part fawdred, but | that after- Wards it leaked at certaine crannells, which were once againe cemented by an order 607 Y VOL. II in 1 62 Che ftibeg of the $erMcp£ 1491 Cancella? in Chancery dated the 22* of February in the 5^ year of king Henry the 8* made between Thomas Howard then Duke of Norfolke, the faid Earle of Darby and the lord Maurice this lords fon ; whereby two chefts of Evidence remaining in the Rolls Chappie were perufed and forted touching thofe manors and lands which were in variance, by friends in truft appointed by each of thern : which being done, the lord Chancellor and the Two cheife Juftices of the kings bench, and comon pleas, did Ordo in Cam the fourth and 7* days of March after in the ftarrechamber, deliver fuch of thofe 5" ' " evidences to each party as appertained to them ; Appointing notwithftanding many ftill to remaine there in two canvas bags in a cheft, which for ought I can find fhould remaine there to this day. Anno. 1628. which through want of leifure I have carta in caftro de not fearched after, and only talked thereof with the Ufher that keeps other huge heaps and chefts there alfo. - 3fi.ttb fomewhat to fattisfie Curiofity and to enlighten the legall part of this lords life and his fons, I tell his pofterity, That this lords titles to the faid Manors of Thiflce, Hovingham,, Burton in Lovifdale, and Kirkeby Malfart, fomtime parcell of the lands of Roger le Bigod Earle of Norfolke, And to the manors of Epworth, Oufton and Haxey members of the faid manor of Thrifke, were derived from the grant of king Edward the fecond to his brother Thomas de Brotherton and Mary his wife, and to the heires of their bodies ; And to the manors of Segrave in Penne in Coin Buck : and Twaytes in Corn Ebo£; and to Doningworth in Coin Suff. by an entaile made to John lord Segrave, and Margaret his wife daughter and heire of the faid Thomas Brotherton. 5tnh to the manor of Winge in Coin Buck, by an entaile made by Richard Earle of Arundle to Thomas Mowbray duke of Norfolke and Elizabeth his wife, daughter and coheire of the faid Richard the Earle : And fo to thefe and other manors layeth the difcents as aforefaid ; Concluding, That in the partition between the Howards and his brother Marques, thefe were alotted to his faid brother, whofe heire hee was. cetitio in Canceft $<>&_) falleth this lord upon an adverfary fomewhat lefs potent, but more bitter in caftro de then any of the former ; And by the name of Maurice Berkeley lord Berkeley ex- Rec: in fccio "s! hiDits his bill in Chancery againft ST Robert Poyntz of Acton knight, then an EfqT H. 7. rot. 16. inter of the body to King Henry the 7* and whom that king a little before had made his Thefau?! Steward of the manor and hundred of Berkeley ; demaunding thereby to have 608 divers evidences which hee detained from him | touching his manor of Dagling- Acco incur augm: WOrth in the County of Glouc, entailed upon him from divers of his Aunceftors, and 10. et. tvH. 7. • ,,...., x , , ' de Berkeleis lands, whereof, (as fpeaks his bill,) hee was peaceably poffeffed and feized. Sir 1506 ttife of 0$aurtce tfje fifth 163 Sir RobT Poyntz, (fcornfully flighting as it feemes the honor of the pit and his Refponfit title of lord Berkeley, and perhaps the rather becaufe hee was the kings high nt^.rot i?.' Steward of that honor and Barony) maketh anfwere to the Bill of Maurice Berkeley Squire, And faith, That "that manor of Daglingworth is his rightfull in heritance difcended to him from his Anceftors, for which hee hath a Scire facias hanging againft the faid Maurice at the cofnn law for the recontinuance of his right in the fame, And foe Juftifieth the keeping of whatfoever evidence hee hath. ChijSf lord Maurice taketh notice of the defendants flighting of his honor Replicatio dignity title and ftile of lord, And thereupon in his replication to the faid Anfwere, enlargeth his ftile, and faith, This is the Replication of &f)aurice lord Berkeley brother and heire of William late Marques Berkeley : 3llttb further faith, Chat after the death of the faid Marques Berkeley his brother, one efpetiall Deed. of the faid manor with an obligation of a great fum concerning the right title and fecurity of the fame manor to and for the Anceftors of him the faid lord, and for the fuerty of him the fame lord and his heires in the fame manor, with many' other evidences belonging to him the faid lord Berkeley, were (amongft others) in a cheft within the Gray ffryars of London, which cheft afwell for the fuerty of divers evidences per- tayninge to the kinge, as for the evidences ptaining to him' the faid lord Berkeley, was fealed up by William Maryner then comon preift to the Cardinal! Archbifliop of Canterbury, unto the time the faid ST Robert Poyntz, pretending title without ground or caufe to the faid Manor, by finifter, and'corrupt meanes came to the faid cheft, and there with an hott knife loofed the under part of the wax of the fame feale from the fame cheft, and opened the cheft and fearched all the evidences therein at his pleafure ; And thereupon took away the faid deed of entaile and obli gation, with divers other evidences concerning the faid manor, which were in the keeping of the faid Marques, and put there by him fafely to bee kept to the' ufe of him and of his heires, whofe brother and heire hee the faid lord Berkeley now is, And therefore for the faid evidences hath fued a fubpena againft the faid Robert ; And that his fuing of his Scire facias is but to colour his wrongfull keeping of the faid evidences from him the faid lord Berkeley. | ._ defendant ST Robert rejoyneth, and in the title of his rejoynder feemeth 609 more to flight the honor and ftile of this lord then before ; faying, Chi£ is the re- Bewnda joynder of ST Robert Pointz knight to the replication of Maurice Berkeley, (omitting the word Squire, which formerly in his Anfwere hee had bellowed,) And faith, That ^ after the death of one John Walfh who held the faid houfe in the gray ffryers in London, y 2 164 Che Hibeg of the SSerftrfepg 1491 London, And before hee the faid ST Robert entred or dealed with the fame, an Inventory was made of all fuch goods as the faid Walfh had in that houfe, and prayfed by the faid Maryner, then being preift to the faid Cardinall ; At which time the faid Maryner found three chefts there well locked with evidences, which hee then fealed with his own Seale ; And after hee the faid ST Robert tooke the houfe of the Warden of the faid ffryers for certaine years, and found there the faid three chefts locked and fealed with the feale of the faid Maryner, (hee fkippeth over the opening,) which three chefts after that time- at the fpetiall labour of the faid Maurice, and by the comandment of ST Reginald Bray knight, a Councellor of ftate, were delivered, fealed with the fame Seale of the faid Maryner, to Wiftm Heydon and Thomas Try, with other fervants and freinds of the faid Maurice; And further that the Scire facias was fued to recontinue the true title of him the faid ST Rooert, longe before the faid Subpena had againft him. Che titles of either of the faid parties made to the faid Manor of Dagling- worth ftood thus. ftalpt) fillet, (in whofe name the faid manor had continued for many difcents,) entailed the fame upon Ralph his fon and Elizabeth his wife, and the heires of the faid Ralph the fon begotten on the body of the faid Elizabeth ; who had iffue John Bluett, who had iffue Elizabeth marryed to ST James Berkeley, who had iffue James lord Berkeley father of the faid Marques and of this lord Maurice. Chat James lord Berkeley afterwards enfeoffed Richard Venables and others of the faid manor to certaine ufes ; and after by fyne the faid lord James and Ifable his wife granted the fame to Nicholas Poyntz and Elizabeth his wife and to the heirs of the faid Nicholas, who was father of ST John Poyntz, father of this ST Robert ; The eftate 610 of which Richard Venables | and his fellow feoffees the faid Marques Berkeley had from whom the faid manor difcended to this lord Maurice as to his brother and heire, who entred, and thereby was remitted to the entaile made by Ralph Bluett . the father, And foe is feized ; And foe alfo, That the faid lord James his father and other parties to the faid fine, had nothing in the faid manor at the time of the fyne leavyed. Cftere was alfo banded with like bitternes one other fuite at lawe between this lord and the laid ST Robert Poyntz, for certaine other lands in Daglingworth and Cirencefter, whereto ST Robert made title under a guift in taile made by Ponce Poyntz, fon of Nicholas, unto Thomas' Poyntz and Alice his wife and to the heirs of 1506 Eife of apaurice the fifth 165 of their bodies; And layeth down, That the faid Thomas and Alice had iffue Robert Poyntz, father of Nicholas before mentioned, who by Elizabeth his wife had iffue John, father of the faid ST Robert pit. in the Accon. 2&Ut this lord carryed the aftion and faid lands againft him by like nicety as before. % ^abe often obferved, afwell in the titles and fuites which I mention in this lords life, as in divers others which I purpofely omit, (becaufe the lands are longe fince alyened from this family,) Chat the pinches & advantages which this lord, and after him his eldeft, fon Maurice, (no way inferior to his father,) took to divers manors lands fervices and tenures, to help themfelves in pleadings and in evidence, were foe witty foe ftrict and foe nice, ftanding, (as I may |ruly fay) oftentimes upon differences without diverfities, That I have wondered, reading the ftraines of Counfell, That they would faften upon fuch pinches and extremities, and againft adverfaries foe potent ; And more, how they could bring them to foe gainfull Con- clufions, for they ever gained the whole or part ; But as they ftood in need of land to rebuild their houfe which their vaft Anceftor the Marques had burned down, Soe were .they- learned made wife by adverfity and experience, and excellent Solicitors in their own perfons : 31nb fuch as the Sollicitor is, fuch commonly is the fucceffe : They knew how to take every advantage, but to give none. Clpon this double fuite between this lord and ST Robert Poyntz, (as the root " from whence the bitternes of many after years contentions did fpring,) I might in due courfe of Storey fall upon the perticular enumeration of thofe fucceffive fuites, riotts and braules that afterwards | too often burft forth and bluftered between 611 their feverall pofterityes, for five or more difcents togeather, and which were fcarce perfectly cured when the late lord Henry dyed ; Yet was an intermarriage between their grandchildren for that effect fpetially ; 2&Ut I am unwilling to take any occa- tion to ravell one thread of that coate which among kindred fhould bee feamlefs; Unfavory vapours will faft enough arife, (fith truth of ftory will not permitt the omiffion,) and let him that loveth the aiery memory of fuch contentious paffages feek them in their feverall places ; my pen fhall bee noe index therein. JjJere alfo might not unfitly bee taken to confider the ground which might lead the faid ST Robert foe to flight this lord Maurice, as in a kind to untitle and diflord him ; %xfo whether this Barony of Berkeley at this time ftood foe fufpended in the poffeffion of the Crown, by reafon of the Marques Berkeleys entaile made to kinge Henry the feaventh and the heirs males of his body, as that this Maurice was really noe Baron nor Peere of this Realme ; *&Wt time fhall bee taken for examination thereof 1 66 Che Hibeg of tfte 2&erftriep0 149 1 Act of Parliam. 19. H. 7. mem in fccij. Trin Terme. 9. H. 8. rot. 1. carta in caftro de Berkeley. fol: [654] thereof in the life of the lord Maurice this lords fon, being unwilling to make foe large a digreffion in the midft of this lords lawfuits, whereto I now againe returne. Sifter long attendance at Court, many petitions delivered to the king, many freinds rayfed not without great expences and greater promifes, at the laft the lord Maurice obtained the kings direction to have an Act of parliament 'paffed in the 1 9* yeare of his raigne, to make void two formef Acts of the 5* and 7* of the faid king Henry the feaventh ; whereby this lord obtained the manor of Chefterford with the Advowfon thereof in the County of Effex (where his brother was in build ing at his death, but not for him,) The fourth part of the manors of Brighthemftdn, Cleiton, Middleton, Meching, Seford, and Alington ; And the fourth part of the moitie of the manors of Cokefeild, Hunden, and Kymer ; And the fourth part of the moitie of the Chace of Cleres, the Forreft of Worth, the Burrowe of Lewes, the Barony of Lewes, the profits of the Courts of No mans land, and of 36?, 2d, rent in I ford, in the County of Suffex ; And of the fourth part of the manors of Reygate and Dorking ; And the fourth part of the moitie of the Toll of Guilford | and Southwerke, in the Qounty of Surrey : And of the fourth part of the manor of Tyborne ats Marybone in the County of Middlefex ; to bee reftored to him and his heirs, which (amongft many others,) his brother Marques Berkeley had conveyed to the king, as in his life is mentioned. But the faid Acts of the 5* and 7* years of the faid king to ftand in force for all the other manors and lands mentioned in either of them. 612 Inq : 9. H. 7. poft. mortem Marchion Berkeley. Fin : in banco. 5. H. 7. Micftas terme. cart. 16 Febr. 19. H. 7. cart. 2 Julii. 19 H. 7. Pafch 19. H. 7. in banco. Hill rec. 19. H. 7. rot. 22. in Sccio. carta in caftro de Berkeley. Ptita coram rege in cane: 19. H: 7. in filas : in le petty bag. carta: 16: Decern: 6. E. 2. m : 14. in arce London. 51H which manors and parts of manors and lands and other profitts in the faid Counties of Suffex, Surrey, and Middlefex, this lord Maurice within four months . after conveyed to George Nevill lord Burgevenny and his heirs, (retaining the reft,) in which Affurances his two fons Maurice and Thomas Berkeley joyned with their father ; And for performance of the Agreements bound themfelves in 3000U- bond the peece to the faid lord Burgevenny. _2Kn May in the fame 19* year of king Henry the 7'f1 this lord Maurice exhibited another petition of right to 'the king, praying to bee reftored to the manor of Bofham in the County of Suffex ; wherein hee layeth down his title by the grant of king *Edward the fecond in the fixth of his raigne, made to Thomas de Brotherton his brother and to the heirs of his body, drawing down the difcent of that eftate taile to himfelf as heir therunto ; Shewing, That upon his brothers pertition with Thomas Howard Earle of Surrey, the faid manor (amongft others) was allotted to his faid Brother and his heires ; And alfo the fine of his faid brother leavied 1506 Itife of S^aurice tfte fiftf) 167 leavied'of the f? manor in the fourth year of king Henry the feaventh, with a render to himfelf in taile, the remainder to the king and the heires males of his body, the remainder to his own right heirs ; And foe by avoiding the difcontinu- ance, declareth himfelf to bee in right of law remitted, praying in conclution of his petition That juftice and right thereupon may by the. king bee done unto him; whereto, (after his title and truth of his petition found by office pticularly in the faid County the fame yeare,) the king was outed and this lord reftored to his faid manT of Bofham, which yet remaineth with his pofterity, Anno 1628. Che like petiton of right in the fame 19* year this lord exhibited to the faid exfila£: canc:_ m king, praying therein to bee reftored to the manor of ffenyftanton in the County of carta exempt. Huntington ; wherein hee layeth down his right under a I fyne leavyed of the faid °T?. , . „ f n , x • ,^. *. ^ -, 1, r,. ^, ,, finis in thefaur. manor (amongft others) in MicHmas Terme in the 19 . yeare of king -Edward the recept: fcacio. 19. third by John lord Segrave, with a render to himfelf and to Margaret his wife and E- 3- to the heirs of their bodies ; And fo deduceth down the difcent of the eftate taile to himfelf, and making title as formerly is mentioned in the reftitution of Bofham : And after the like courfe holden for finding his title in that County by Office, the hands of the king were removed, and this lord reftored to his manor of ffenyftanton : p"ta m Cane : t©hicf) two reftitutions being exemplyfyed togeather under one feale in October in Exempt : the 22* of king Henry the feaventh, are expreffed therein to bee ad requificoem Thome Try, &c, at the requeft of Thomas Try EfqT one of the Cozens of the-faid lord Maurice, ^Declaring thereby the ambition of a Sollicitor to have his name kin dred and diligence perpetuated to his mailers pofterity : A modeft pride wherewith the obferver obferveth himfelf to bee in part infected, as hath already appeared in the pedegree of his wife and Children laid down in the life of Robert the firft ; 5llnb this proceeding of this noble lord in this petition of right is to all pofterity made a prefident in the new book of Entries, printed, 1614 . unter that title of Petition de !lber Intratiofi: droit, from fol : 428 to fol : 434 . which I wifh the lord George may read ; to value foi. 428. aright the worth of this lord his Anceftor, and to imitate his induftry for his prefi dent ; 9Unb the faid Thomas Try fhall for the perpetuating of his memory and fervices in thefe times to this noble houfe have this teftimoniall of mine avowing, Chat fince his death this family hath not been ferved with a wifer nor more induftri- ous fervant and follicitor ; Wtyitfy I wifh may alfo incite others to like diligence and . fidelity in the generations of this family which are to come C&e 1 fi of March in the fame 19* year of king Henry the feaventh, this active Ptitam Canc.^ lord exhibites one other like petition of right to the king, praying therein that m ie petty bag : Juftice AdvocatiodeWott 168 C&e ftibeg of tfje 2£>erftelep.$ 1491 Juftice and right may bee done unto him, and to bee reftored to the Advowfon of the Church of Wotton in the County of Glouc; And for his title of right thereto layeth down the fine leavyed by his Anceftor Thomas the third in the 23* year of king Edward the third of the faid Advowfon, (amongft other things,) with a render therein to himfelf for life, the remainder to_ Maurice his fon and heire and to the heires males of his body, &c as in his life is declared : Which eftate in taile this lord deduceth down to his brother Marques Berkeley and himfelf, and fheweth how his brother in the third year of his highnes raigne leavyed a fine thereof with a 614 render to himfelf and the heirs of his body, the remainder to his | highnes and to the heirs males of his body, the remainder to his own right heires ; And how that upon the faid Marques death in the feaventh of his raigne without any iffue, hee the faid Maurice was remitted to his old eftate taile created in the 23* of king Edward the third ; WfyZtZUJltttl after this lords title by Inquifition and the advice of the Judges of both benches taken and the kinges warrant to Hubart his Atturny generall hee was in June following reftored to the faid Advowfon : Wherein appeareth this lords admirable diligence and wifdom in effecting a fuite of fo longe a courfe in two Termes only : And the more becaufe hee then had the fame title and right without any difference unto the Caftle and barony of Berkeley, and to all the manors comprifed in the faid fine of the 23* of king Edward the third : 3tnD \ jperhaps moft of all, in that hee by a prudent and quick carriage of his buifinefs | -blindfolded the eyes both of the kings Attorney and other his learned Counfell, and j j the Judges of both Benches and Court of Chancery, from underftanding either a Hill. 2. E. 4. rot., | Recovery fuffered in the. 2 : E. 4. thereof, and of the manors of Wotton, Simondfall, mfcfes!^. R.C^ 'Cowley, and others, or the recoveries his brother Marques fuffered in the fecond rot. 453. of king Richard the third, whereby the faide entaile was docked ; Or the Acts of 147^54. Parliament in the 5* and 7* years of the fame king Henry, whereby the Marques Canc.5.et. 7.H.7. affurances to him made were made good & confirmed, evidently appearing by their Trin. rec! rot. 1. inrollments both in Chancery and Exchequer; 5tnb then imediatly alfo obtaining Act : 19. H. 7 : in the faid Act of reftitution in the prefent Parliament, whereinto hee caft thefe Wotton Advowfon manors of Bofham and Fenyftanton and the faid Advowfon of Wotton, repealing carta: dat: 16. the former A6ls of the 5* and 7* of king Henry the 7^ as hath been faid. And IVtsxcii io H 1 this lord thus being feifed of this Advowfon of the Church of Wotton, Hee, according to certaine Covenants which the 16* of March before had been agreed upon between him and Maurice and Thomas his fons on the one part, And the Abbot and Covent of the Monaftery pf Tuexbury on the other part, For the affur ance of this Church of Wotton to that Monaftery before the 13* of July next; Trin. Term. 20. Now they imediatly upon this reftitution affigned the fame accordingly. And noe H. 7. rot. 825. in . banco the fooner 1506 Eife of Maurice tfje f ifth 169 fooner in effect was that Monaftery thus feized thereof, but they the fame yeare found means to appropriate or incorporate the fame to their houfe, As the compofi tion about the Viccaridge fhews : What time 20 . marks was thought a competent living for the Vicar, to bee paid in [ fruits and not in money as now it is ; which at this day Anno.. 1628 . is more than fourty pounds per anii. And this Advowfon wascontinued in leafe at the yearly rent of 331? to that monaftery till the diffolution in the 31* of Henry the 8* ; And fo refted in the Crown till that king by his L patents dated the 1 Ith day of December in the 38* of his raigne, gave the fame, (amongft other poffeffions of the value of 2200I p Ann) to Chrift Church Colledge in Oxford ; And is_at_this day by the Colledge .feverally demifed to Bedle and Purnell, with foe poore an allowance to the Minifters both of Wotton and of Nib ley, (a Chaple thereto,) that it fcarcely fufficeth for the bread of , thofe that ferve at the Altars. 5_5ut 1 would not have this family ignorant, That in the third year of . Queen Elizabeth the lord Henry Berkeley impleaded the faid Colledgefor the faid Rectory of Wotton Underedge, and in the year following came to an agreement, whereby the Colledge granted to the faid lord Henry and his heires,. the Advowfon and patronage of their Vicaridge of Tetbury in the fame County, upon condition that they might quietly hold the faid Rectory of Wotton againft him and all claim- inge from him or under his title or in his name". ^[n recompence whereof this lord Henry acknowledgeth That the Colledge hath good title to the faid Rectory, for that the fame was by his Anceftor the true Patron thereof granted to the Abbot and Covent ef Teuxbury, who after by licence from the king with the confirmation of the Bifhop of that Diocefe incorporated the fame, And that king Henry the Eighth, after the diffolution of that Monaftery, fufficiently conveyed it to the Colledge, And therefore acknowle'dgeth himfelf fully fattisfyed of their right, and promifeth to make them further affurance at any time within two years after ; %nti how before, in time of Queen Mary, fhortly after his reftifsution to the manor of Wotton. hee prefented to this Church one Knight, who had been his Tutor. who was admitted inftituted and inducted, And, (notwithftanding the Colledge fuite againft him,) continued Incumbent there till the time of the faid agreement, and then this church returned to the Colledge as an impropriation againe ; In which condition it ftill remaineth. Recovery, et 525. et ptita. 20. H. 7. rot. 532. 615 res Irrotut in cane : carta dat. 19. Nov. 4. Eliz : in caftro de Berkel : Annis. 4. & . 5. Pfi : & Marr: * 3(n the fame 19* year of king Henry the feaventh this reftlefs lord attempts for the Advowfon of the Church of Slimbridge ; And according by his | deed dated the 16* of January Anno . 19* H . 7 . prefents Edward Bromfeild, Clarke, to Silvefter Bifhop of Worcefter, to bee by him admitted to the Rectory of the faid church SlimbridgeAdvowfon. 6l6 carta in caftro de: Berkeley. Z VOL. II 170 Che 3libeg of tljc 25erftelep£ 1491 Pafch 19. H. 7. in Banco. Carta in caftro de Berkeley Trin : 20. H. 7. rot : 350 in banco. Carta dat. 30 maij 20 : H. 7. in caftro de Berkeley. pricke fonge. church, then void by the death of David Liare late parfon there ; which to doe the bifhop refufeth ; whereupon this lord brings his Writt of Quare impedit againft the faid bifhop of Worcefter, and againft Richard prefident of Magdalen colledge in Oxford, (who then was alfo bifhop of Hereford,) and the fchollers of the faid colledge, and Robert Thay the then incumbent of the faid church : During the de- pendancy of which Quare impedit, All the parties by their feverall obligations dated the 20^ of Aprill . Anno . 20* H . 7* fubmit their titles to the award of Robert Brudnell and William Grevill, ferjents at lawe ; who, having heard the Counfell of both fides, and fubftantially (faith the award) underftood their titles, Awarded, that the faid prefident and fchollars fhould hold to them and their fucceffors the patronage prefentment and guift of the faid Advowfon : And that this lord fhould difcontinue his faid Writt of Quare impedit, and fhould make to them fuch further affurance as their Counfell fhould devife, but that- before fuch affurance the faid prefident and fchollars .fhould pay to this lord Twelve Pounds ; which they did. IBfjcrrUJJon a difcontinuance was had, and a Coinon Recovery was fuffered of the faid advowfon, and the fame accordingly fettled upon the colledge and their fucceffors, where it ftill remaineth, Anno . 1628. <©n the other part the colledge, (to ufe their own words,) in acknowledgment of this lords conveyance, and of his fingular devotion arid ardent affection, and of his manifold benefits which hee had fhewed to them, they in re compence thereof, willing to requite foe great courtefies with fpirituall fuffrages and prayers for his foule, and of his progenitors, doe grant that hee fhall dayly and for ever henceforth and his pofterity bee made partakers of all their prayers and fuf frages, in their collegiate church by them to bee celebrated, without fraud : And that when hee fhall die, that in convenient time after notice had, they will hold his obite, with the placebo and dirige, and the maffe of requiem, in the morrow after, folemly and with note ; ffor performance whereof they bind themfelves to this lord and his heirs for ever. 31nb though in the laft forty years I have known, that Tirer, Savage, and others, by obtaining the tres of Henry lord Berkeley to the prefident and fellows of this colledge grounded upon the guift of this advowfon, have been placed Demyes or 617 fchollars in that corporation, and foe-have con|tinued till they proceeded graduates;;. yet that*this family fhould have right to fuch fchollerfhips by any agreement in writing I have not found, though I have heard it affirmed by one or two domeftick chaplins in the family of the lord as fometimes were members of that colledge ; But the College draweth yearly from that Rectory Ten pounds paid by the incum bent for the time being, which I take to bee fpent in a gaudy day in bettering the Colledge 1506 %i£z of Maurice the fifth 171 Colledge commons, and therefore with them noe Symony though paid upon an Oblig[a]con taken at his prefentation. f^oUlbcit, notwithftanding the fair counte nance caft upon the colledges old title by this award, who claimed by the grant of the faid Marques Berkeley then Earle of Nottingham, the colledge relyed not foe confidently thereupon, but that afterwards they procured, (as good caufe they had,) feverall releafes and confirmations from Maurice and Thomas the two eldeft fons of this lord Maurice, and from their feoffees and Recoverors, with the like confirmation alfo from the king himfelfe, as defirous to hold faft an Advowfon of neare three hundred pounds value by the year. <©tf>er were the reftitutions to divers other manors, which this lord obtained upon the defects pretended to bee in his brother Marques Berkeleis conveyances, by reafon of old entailes and his own remitters, as appears in the Catalogue of the lands whereof hee dyed feifed, here for brevity by me omitted. 3[n the Toile of the forefaid profecutions this lord finding himfelf, at his firft coming to vifit Callowdon and other his manors in thofe parts in the 16* of king Henry the feaventh, not foe honored in his entertainment with the Abbot of the monaftery of Combe in Warwickfhire as hee conceived to bee his right, being one of their founders heirs ; (perhaps but out of the Abbots ignorance of his difcent ;) exhibits his bill in Chancery, and fhews that hee is one of the Cozens and heires -gjjj jn canc . of Thomas Mowbray late Duke of JMorfolke, Earl Marfhall and Warren, lord Vetus manufcript Mowbray, Segrave, Gower and Brewes, who was in his life time received in that w Monaftery with' proceffion and other obfervances as belongeth in fuch a cafe for the founder ; The right of the foundation of which monaftery, (faith this lords bill,) after the deceafe of the faid Duke difcended to Thomas Howard Earle of Surrey and to him the faid Maurice lord Berkeley as Cozens and heires of the faid Duke ; Chat is to fay, To the faid Earle, as fon of John, fon of Margarett, one of the daughters of the faid duke ; And to this Lord Maurice, as fon of Ifable one of the daughters of the faid Duke ; And for | proofe layeth down That the faid John father of the 618 faid Earle was flaine at Bofworth field, And was entred in the faid Abby with due obfervances as belongeth ; And the faid Earle was lately received there with pro ceffion and other folemnities as belongeth of right and laudable cuftome ufed in this Relme of England, which the Abbot hath neglected towards him being thereto required ; And therefore prayeth that hee may bee compelled to enter him as one of the founders, and foe to bee accepted and entreated as of right to him belongeth ; Which honor, upon a referance to Wittm Grevill and Thomas Marrowe arbitrators, this carta in caftro de Berkeley Z 2 172 Che mibeg of the SJSerftriepg 1491 div'sse tre in caftro this lord obtained, and accordingly left it to his pofterity, who were in their feverall de Berkeley. tjmeg receive(j as founders, till the diffolucon of the Monaftery ; as alfo appeareth by this Abbots attendance on the dead body of the lady Ifable this lords wife, and his cenfing and perfuming of her herfe at Binly bridge, in her conveying to London, the place fhee had appointed for her fepulture ; as after followeth. / carta in caftro de Berkeley. Acqu[i]t in caftro de Berkeley. Volunt Phil Mead probat A? 1475. A? 15. E. 4. 619 An antient pedegree w?1 W™ Denis Efq' Che 13* of November in the 18* yeare of king Henry the feaventh, Thomas Earle of Surry granted to this lord Maurice, by the name of Maurice Berkeley lord Berkeley, and to his heires for ever, one Bucke and one Doe yearly out of his parke •called Seggewicke park in Suffex, with liberty to enter and kill the fame at pleafure. JlDftat the offences were which this Maurice had committed I find not, but in the 28'f1 yeare of king Henry the fixth hee paid the Duke of Yorke 1 iu: by agreement for Injuryes and greeves by him and his two fervants, Cater and Chriftopher, done to the faid Duke, as the acquittance faith, given upon receipt of that money : 2S»Ut, being then a batchelor and in the 24* yeare of his age, and living often near to fome of the Dukes parks, I conceive it was for killing fome of his Deere. $ig IBife. Che wife of this lord Maurice was Ifable daughter of Phillip Mead Efq. and of Ifable his wife ; fon of Thomas, fon of Thomas Mead, difcended of the ancient family of the Meads of Meadfplace in ffeyland in the parifh of Wraxall near Port bury in the County of SomersT, ] where antiently they had continued ; whom this lord marryed in the thirtieth year of his age, about eighteene months after his fathers death, fhee then a widowe and mother of three children, who all dyed very young. regifter Rofeti de Ricart cum Maiore de Briftoll. carta. 14. E. 4. in caftro de Berkeley. Carta. 20. Oclo. 7. E. 4. in caftro de Berk. %t the time of this her fecond marriage, her father was an Alderman of Briftoll & at divers times Maior there ; And for her Dowry, befides her perfonall eftate, fhee brought to this lord her hufband, (then a younger brother,) divers lands in Somerfetfhire, and others in Thornbury in Glouceflerfhr.e (where this lord then alfo had other lands both of his own purchafe, and of the guift of his elder brother,) and a leafe of the faid Meads-place for one and twenty years : and was after one of his executors, as his will fhewes. Carta. 9. Decern. 22: H: 7. in caftro de Berkeley. ffor her Joynture fhee had from this lord her hufband all the lands in effedl which hee then had ; which alfo hee in the later part of his life, (for the longer they lived the more they loved,) much augmented with divers other manors in the Counties of Huntington, Leicefter, Warwicke, and Gloucefter, and in the Counties 1506 Hife of S^aurice tlfte fiftlj 173 Counties of the Cities of Coventry and Gloucefter ; of all which fhee made the faid Thomas Try her receivour generall foone after her hufbands death. Cht£ lady Ifable had one only brother called Richard Mead, who firft marryed carta cum Rogero * Kemis de Wick- Elizabeth , And after maryed Anne daughter of Thomas Paunsfoot of wicke. Hasfeild in Gloucefterfh™ EfqT, a family for antiquity inferior to none in that County, (this of Berkeley excepted ;) But his iffue dying very younge without iffue, about the third of king Henry the feaventh, this lady Ifable became heire to divers manors and lands in the County of Glouc, And to divers Meffuages and tenements in Bedminfter, Felond, Afhton, Wraxall, and Midle Tykenham, in the County of Somerfett. Ijjob) little caufe the Marques Berkeley had to complaine of the obfcure yetus manufcript parentage of the lady Ifable, which he vainly called bafe : and of the unworthynes Berkel : of his brothers match with fo mean bloud, as hee reproached it, making that a motive to his own vaft expences, and of the difinheritance of this lord his brother, leaft any of her bafe bloud fhould inherite after him, may to his further reproof bee returned upon his memory to-bee but a fained and unbrotherly quarrell picked on purpofe to give colour for his own exorbitances : Like vaine were his exceptions to his faid brother and heire, for defending the vertue of his wife and worthinefs of her parentage. jbfyZZ was a virtuous lady and evermore content with better or harder fortunes ; | And what goodnes and difpofition fhee was of in her laft widowhood, 620 after this lord her hufbands death, may bee conceived out of thefe few rellicks of her many devotions. ^ Cf)e 29th of May . 1 5 14 . in the 6* of king Henry the 8* (amongft other liberalities,) fhee gave to the Pryor of the fryars heremites of, the order of Saint Auguftine in London the fum of — 72" 13* 04d. towards the repair of their houfe, grown ruinous with -age ; for which they bound themfelves & their fucceffors in a full chapitre to fay on the feaventh of November the exiquies of the aniverfaries of her and her hufband, to bee funge with note by all the Covent in the quire of their church : And the morrow after, a Maffe of requiem at the high Altar by all the covent. for the fouls of the faid lady and her hufband the lord Maurice, and for the fouls of James lord Berkeley and of Ifable his wife, father and mother of the faid lord Maurice, and of all faithfull deceafed : 3Unb three days in every week for ever 174 Che ttibeg of the 2£>erftelep$f 1491 Berkeleys maffe. ever, one prieft, being a fryar in the houfe, to fay a maffe curfarily, with the fpeciall collects of vnus deus qui charitatis, coin fecreto, et poft com, ad id pertinefi; And alfo Inclina cum fecreto, et poft coin, ad id pertinen ; As in the table after wards in this deed is fpecifyed and defcribed, for the foules of her and her hufband and the fd lord James and Ifable, at the Altar of ST James in the faid Church under" the high crucifix, on Mundayes wednefdays and frydays, after, the fixt maffe is faid ; And in every maffe foe faid, after the gofple and before hee goe to the lavertory, the pfalme of De profundis with the prayers accuftomed ; which Maffe fhall for ever in the Englifh tongue bee called Berkeleys maffe. 31nb likewife the maffe de quinque vulneribus. And further, that for an everlafting memory, this Indenture in the Vigill of S' Michaell fhall for ever bee read yearly in their Chapitre houfe publickly. And for performance hereof the pryor and covent bind themfelves in their pure confciences, as they will anfwer at the dreadfull day of Judgment before the fupream Judge. 621 91nb for better fecurity and performance of all and every thing aforefaid they further grant, That as often as any failing fhall bee in any part of the premiffes by the fpace of a month, That they will forfeit and pay — 20? — to the mafter and brethren of Burton Lazars, in that their houfe to bee charitably beftowed for the foules aforefaid, which mafter for that caufe was made a party to this deed. 5fjnb, (w"? was more then formerly I have found,) fryar Hugo lovericus, provinciall | of this order, doth ratify this Indenture, and binds the faid pryor and covent in the bond of holy obedience, and under the punifhment of rebellion, That they faithfully performe the whole contents of this deed. carta in caftro de CbJO yeares it feemes this was in contriving, And in the end were two deeds fealed by the pryor, both which remaine in Berkeley Caftle. Comp : de Feny ftanton. 8 H. 8. in caftro de Berkeley. £hce dyed at Coventry in the eighth yeare of king Henry the 8^ then aged 70 years, having overlived her hufband about 9 years ; And with him lyeth buryed in the Auguftine Fryars in London, leaving iffue three fons and one daughter, as next followeth. And it is fome what obfervable,, That this lady juft foe long furvived her hufband as to make the period of both their ages alike ; And then in the fame place to lay down her bones by his in that 70* year that bringeth com- pleatnes to the daies of man ; As 10 . times, 7 . or 7 . times, 10 . which Mofes in Pfalm 90. the 90* Pfalme of Davids bundle makes the common age of all men. 3Gnb that this lord, as after follows, fhould over live his brother Marques twice feaven years, 1506 Hife of Maurice the fifth i75 years, and one feaven months ; As though all their circumferences were clofed in that number of feaven ; The mariner of whofe death and funerall pompe, with the conveyance of her body from Coventry to London, take, in the fame words as Thomas Try, a fpeciall officer and fervant to this lord, and the faid ladies adminiftrator, fent the defcription thereof to the lord Maurice her fon, then at Calais, being the proper hand writing of the faid Thomas Try, endorfed thus This bill bee delivered to his right worfhipfull and fpeciall good Originall in Maifler, Sir Maurice Berkeley knight. Berkeley Caftle. 3_Me£etb your good mafterfhip, the ordering at thenterement of my lady your mother hereaft' folowith, I. firgt, when I peeved fhe bygan to draw from this liff, I caufed certen prefts to fay dyvs oryfons, And alfo to fhewe hir of the paffion of crift and of the merits of the fame, wherunto fhee gave merveluous goodly words, for aft' hir Aneyling fhe cam to good and pfit remembrance. 2. Itm, aft fhe was departed I caufed David Sawter to bee faid continually untill the day of her buryeng, for as fonne .as oon company had feid on other company of prefts bygan, and fo fhe was wached with prayer continually fro wenfday untill monday. 3. Ifm, ryngyng dayly with all the bells continually ; That is to fay, at S' j MigheUs xxxiij. peles, At Tryntye xxxiij. peles, At S' Johns xxxiij. peles At Babyl- 622 lake becaufe hit was fo nygh hyr lvij peles, And in the mother cherch, the p'orye, xxx. peles, and every pele xij? 4. Itm. upon fonnday whan her horfe letyr was appeled, and wax and all other things redy, fhe was fet forwards aft' this maner. 5- f it$t xxx1? women of her levery in blake gownes and kerechews upon their heds, of oon ele evy kyrchew, which was not furveled nether hemmed bypaufe they mought be knowen lately cut out of new cloth, and every woman beryng a tapyr of wax of a li. wyght & a half. 6. I!m after theym fowlowed xxxiij crafts with their lights to. the nombr of CC. torches. 7. Itm 176 Che Eibeg of tf)e S&erftelepg 1491 7. Itm about hir horfeleter was hir owne ferv'.s and other, berynge torches of cleyne wax, to nombr of xxx. in blake gownes. 8 Itm the orders of freers whyt and gray, with their croffes, next after the lyghts of the crafts. 9. Itm prefts to the nombr of oon C. and more wc?" went with their croffes next before the herffe.. 10. Item aft' the horfletyr v. gentylwomen morners. 1 1. Item aft' them Mr Recorder, and I, Mr Bonde, and my cozen Porter, ynftede of thexecutors and fuprvyfors. 12. Item then Mr Maire, the Mr of Yeld, Aldermans, Shreffs, Chamnlyns, and Wardens. 13. 5lnb fo fhe was coveid to the mother church, the p:orye, wher fhe refted yn the quere byfore the high altar all that nyght, and had ther a folem derege, and the Maire and his bredren went to S? Mighell, ther as was derege in like maSe ; And aft' dereg, the Maire and his brethren went in to Sr Mary hall, wher as a drynking was made for theym ; fyrft cakys, comfetts and ale, the fecund courfe marmelet, Snoket,1 redd wyne and claret, and the 3rd courfe wafers and Blanch powder w? romney and mufkadele ; And I thanke God, noe plate ne fpones was loft yet ther was xx'i defyn fpones. 14. £tpon Monday fhe fate forward aft' mafe w^ the faid lights and crafts, the feyd v. morners rydyng in fedfadells and ther horfes traped with blake, Mr Recorder, and I, Mr Bonde, and Porter rydyng aft' theym, and then Mr Maire, Aldermen, Shrefis, Wardens, and ChamWeyns rydyng in lyke order as they were ; And at 623 Bynley brygge met my lord the abbot | of Combe wl. his mitre, fenfyng the herfe, and in his company Mr Broune Mr Bowghton and many other, ye may be fure to the nombre of v. or vi. thofand pepuU : I am of a fuerty ther was at every fittyng above xj™ or xij™ meffej, and the bordes was divs times fet, & Thomas Berkeleis preft fay the orderyng of all : wry ten at Caloughdon the xvjth day of Aprle. Yor ferv' Thomas Try. 1 Query, Sonket=Sweets. 1506 %Sz of • a^aurice tfje fifth i77 Anne. the faid Ifable this lord Maurice had iffue, Maurice, Thomas, James, and i. a^aurice the eldeft fon fucceedeth his father in the Barony, advancing his houfe with honor and reputation ; And after dyed without lawfull' iffue, as his life. that followeth doe declare. 2.. Choma£ the fecond fon was alfo lord Berkeley after the death of his faid elder brother, whofe life in due place alfo followeth. 3. 3Iamc£ the third fon and youngeft, maryed Sufan the daughter of Ml Veill and the widow of -William Vele Efqr, and furvived her.. hufband : By her hee had iffue John Berkeley who dyed at mans eftate before marriage, and Mary Berkeley, firft marryed to Sr Thomas Perrot fon of Sr Owen Perrot, .who had iffue Sr John Perrot, Elizabeth and Jane. . ¦** S>\ 3l0f|tt Perrot had iffue Sr Thomas, father of Sr James Perrot yet living. 1 61 8. And of Penelope maryed to Sr William Lover1 knight, And of Lettice firft maryed to Rowland Langharne Efij, and after to Walter Vaughan Efqr, And at this day wife to Sr Arthur Chichefter lord Deputy of Ireland ; and of Anne Perrot married to John Phillips of Picton Efqr yet living. 1618. - Cf)e faid Elizabeth fifter of Sr John Perrot was maryed to Mr Price Efqr who had iffue Sr Richard Price of Gogarthan kn', & others yet living. 1618. | Che faid Jane the. other fifter of the faid Sr John Perrot was marryed to 624 William Phillips Efqr, who have iffue two daughters, the one marryed to George Owen, and the other to Alban Stepneth Efq1? %tfa fecondly the faid Mary Berkeley, daughter of this James Berkely, was marryed to Sr Thomas Jones knight who had iffue Sr Henry Jones, father of Sr Thomas, father of Sr Henry Jones that now is, 161 8: And Katharine marryed to Mr Vaughan, who had iffue Sr Walter Vaughan knight that now is ; And Ellenor marryed to Mr Griffith Rice, who had iffue Sr Walter Rice knight that now is, and others, Anno, 1618. SJnb, as Sr James Perrot formerly named hath informed mee, all the cheife gentlemen of moft eminency in the three fhires of Pembroke Carmarthen and Cardigan 1 Sir William Lower of Treventy, Co. Caerm. and St. Winnow and Trelafke, Co. Cornw. (Hift. of Trigg Minor, Vol. III. 386.)— [Ed.J 2 A VOL. II 1 78 Che %foz$ of the Sfcerftcfepg 1491 Cardigan at this day living, are difcended of this Mary Berkeley, of whofe memory in thofe parts is made moft honorable mention to this day. Carta dat. 19. H. 7 Cfje faid James Berkeley, for a third brother's portion, had the manor of irrot.'in Cane. Hilton in the County of Huntington, to him and the heires males of his body, and Rec: in fcacio. 21. J ° J H. 7. rot. 16. 'twenty pounds p ann, by the graunt of this lord his brother ; And the Conftable- fhip and Porterfhip of Berkeley Caftle, and the keeping of the Caftle park, and of Comp : de Man- Chefelhunger and Redwood, and the gale and profit of other fifhings in Seaverne caftrode Berkeley, with the fee of 3".- from the kinge ; and was to Henry the 7* vnus generoforum" hoftiariorum camere Regis, one of the gentlemen porters of the king's chamber, which hee enjoyed till the 6* yeare of king Henry the 8* when hee left both it and the world, and his faid wife Sufan to furvive him, which fhee did about fix years ; And fome of his offices* to his 'elder brother Thomas. 4. Cfje faid Anne Berkeley only daughter of this lord Maurice was in the time of king Henry the 7* married to Sr Wittm Denis of Dirham knight ; who had Denis, iffue between them 1 Sr Walter Denis, 2 Sr Maurice Denis, 3 William Dennis, 4 Ifable, 5 Elleanor, 6 Anne, 7 Margaret, 8 Katharine, 9 Mary, and eight others that dyed young without iffue ; Of thefe nine, as followeth; 1. Cf)e faid Sr Walter Denis by Margaret his wife 'daughter of Sr Rich1? Wefton knight, had iffue four fons and two daughters, Richard, Thomas, Francis, William, Jane and Anne ;• of whom ffrancis is dead without iffue. 625 Che faid Richard Denis by Anne his wife daughter of Sr John | Sr John of Bletfoe, had iffue, Walter, William.^ Gilbert, Maurice, Anne, ffrances, Katharine, Mabill, Mary, and Margaret; of whom Gilbert Maurice and Mary are dead with out iffue, And Wiftm is yet unmarryed ; Of the other fix in order. The faid Walter fon of Richard by Margaret his wife daughter of Richard Pigot. Paunsfoot Efqr. had iffue two daughters; Katharine, firft marryed to Mr Lewis Pigot, Coplefton. of Bedfordfhire, and after to Mr Coplefton, of Devonfhire, yet living Anno. 16 18. Cokeine. And Jane marryed to Mr Cokeine of the faid County of Bedford. Porter. The faid Anne daughter of Richard Denis was maryed to Sr Thomas Porter knight, of Lanthony by Glouc; (of whom read before in the iffue of James the firft,) who had iffue Sr Arthur Porter, Ambrofe, Anne, Katharine, ffrances, and Margaret. The 1506 Eife of Maurice the f tftft 179 Scuddamore. The faid Sr Arthur Porter, by Anne his wife daughter of Sr John Danvers, had iffue Elizabeth lately maryed to John, fon and heire of Sr James Scuddamore of Homelacy in the County of Hereford. The faid Ambrofe Porter hath maryed Frances the daughter of George Chancey of Yardlebury of Hartfordfhire, by whom as yet hee hath no iffue, 1618. *" Anne fifter of the faid Sr Arthur Porter is maryed to Sr Gabriel Pyle of Pyle. •Collingborne in Wiltfhire, who have iffue Francis, William, Thomas -and Gabriell, which ffrancis hath lately marryed the daughter of Sr Francis Popham. Katharine, another fifter of the faid Sr Arthur Porter, was marryed to Sr Richard Walfh of Shelfey in the County of Worcefter, who have iffue Anne, Walfh. marryed to Sr Thomas Bromley, mother of four children by him ; And Joyce, Bromley. maryed to Sr Rowland Cotton, as yet having noe iffue, A°. 1618. Cotton. ffrances, another fifter of the faid Sr Arthur Porter, was maryed to Mr. Peter Marten; who have iffue Thomas, Edward, Anne, Martha, and Lucy, Anno, 161 8. Marten. And the faid Margaret, the youngeft fifter of the faid Sr Arthur Porter, was marryed to George Thorpe, of Wanefwell Efquire, by Berkeley, by whom he had Thorpe. noe iffue. The faid ffrances, another daughter of the faid Richard Denis, was maryed to John Gwittm, Efqf who wrote that methodicall book called A Difplay of Gwittm. Heraldry ; And have iffue Saint John, John, Margaret, ffrances, and Prifcilla. | The faid Katharine, another daughter of the faid Richard Denis was maryed 626 to Wittm Chefter of Almondfbury in Berkeley hundred, Efqr who have iffue Thomas Chefter. Chefter, who firft maryed Anne, daughter of Samuell Bacchus Efqr, by whom hee hath iffue Anne ; And fecondly maryed the daughter of Sr George Speake knight, And in this prefent year 161 7, as I am writing hereof, high fheriffe of the County of Glouc; William Chefter a batchelor ; Katharine Chefter maryed to Phillip Langley, of Mangotesfeild, Efqr who have iffue ; And Alice Chefter married to Mr Perfival of Somerfetfhire. ~ The faid Mabill, another daughter of the faid Richard Denis, was maryed to Anthony Dowle of Duntifborne Abbot in the County of Gloucr gent, who have iffue Edward; Walter, and others. And Dowle. 2 A 2 i8o Che Hibejg of the 2&erftelepg 1491 HilL Evans. And the faid Margaret, (the laft of the daughters of the faid Richard Denis,) was firft maryed to Maurice Hill of Tockington in the County of Glouc. gent, by whom fhe had iffue Walter Hill ; and fecondly to one Mr Spencer. Che faid Thomas Denis, brother of the faid Richard by Jone his wife ^daughter of Mr Paunsfoot, had iffue Thomas and Margaret ; which Thomas fon of Thomas, (yet living in Glouc, Anno, 1618,) by Dorothy his wife daughter of Mr Compton, hath iffue William and divers others. And the faid Margaret was maryed to Wittm Evans of Glouc, an Attorney at lawe, who have iffue Thomas Evans and Elizabeth. Che faid William Denis another brother of the faid Richard, by Anne his wife daughter of Mr Raffle, had iffue William Denis only now living Anno . 161 8. Compton. Che faid Jane fifter to the faid Richard Denis was maryed to Wittm Compton of the County of, Glouc, who have iffue Walter Compton and others. 3finb the faid Anne the laft of the fifters of the faid Richard Denis was maryed to Simon Codrington Efqr, who is dead without iffue. 2. Che faid Sr Maurice Denis, fecond fon of the faid Anne Berkeley and of Sr William Denis her hufband, dyed without iffue ; As alfo did Wittm Denis his brother, but longe remarkable in their generations. | 627 3. Che faid William Denis third fon of the faid Anne Berkeley, and of Sf William Denis her hufband, dyed alfo without iffue. 4. Che faid Ifable Denis, daughter of the faid Anne Berkeley and Sr William Berkeley. Denis her hufband, was maryed to Sr John Berkeley of Stoke Gifford knight, who fffeofSauricethe hath iffue Sf Richard Berkeley, Mary, and Elizabeth maryed to Henry Ligon, third fol: 273. 274. whereof I have formerly written amongft the iffues of Maurice the third. The- faid Sr Richard Berkeley, by Elizabeth his firft wife daughter of Willm Read of Mitton by Tuexbury Efqr, had iffue Henry, Elizabeth, Marye, Katharine, Anne, and Dorothy ; And by Eleanor his fecond wife, daughter of Robert Jermy Efqr and widowe of Robert Rowe Efqr, fon of Sf Thomas Rowe knight, had noe iffue. The 1506 %ik of Maurice the fiftl) 181 The faid Henry, fon of Sr Richard Berkeley by Mirriell his wife, daughter of Thomas Throgmorton of Cawghton in the County of Warr., Efqr had iffue Richard Berkeley, Elizabeth, and Margaret. The faid Richard Berkeley by Mary his firft wife daughter of Robert Rowe aforefaid hath iffue, Sr Maurice Berkeley knight, John, Thomas, Giles, Richard, Robert, Elizabeth, Hellena, Myriell, Katharine, Mary, and Margaret ; Of whom I fol. 275. 276. #have in part formerly written in the life of the lord Maurice the third. The faid Elizabeth daughter of Sr Richard Berkeley, formerly mentioned to bee maryed to Sr Thomas Throkmorton of Tortworth, knight, have iffue Sr William Throkmerton created Baronet, Margaret, Mary, and Elizabeth. The faid Sr Wiftm Throkmerton by Cicely his firft wife, daughter and Coheire of Thomas Bainham of Clowerwall Efq,, hath iffue Baynham Throkmerton and Throkmerton. many others : As alfo hee hath by two other wives his maides, maryed fince the death of the faid Cicely. The faid Margaret fifter of Sr Wiftm Throkmton was maryed to Sr Barnaby Samborne of Somfetfhire knight, who have iffue. Samborne. The faid Mary, another fifter of the faid Sr Wiftm ThrokrSton, was firft maryed to Sf Thomas Bafkervile knight, by whom fhee had iffue Hannyball : And after Bafkervile. marryed to ST James Scuddamore knight, by whome fhee hath" iffue Sr John Scuddamore, who by his wife onely daughter of Sf Arthur Porter hath iffue, John. Scuddamore. And the faid Elizabeth, youngeft fifter of the faid Sr Wiftm ThrokmW, liveth the widow of Sr Thomas Dale knight, having noe iffue . 1626, . Dale. The faid Mary, another Daughter of the faid Sf Richard Berkeley, was maryed to Sr John Hungerford of Down Amny knight, who have iffue, Sf Anthony Hunger | Hungerford. ford knight, John, Bridget, Elizabeth, Barbara and others ; Of whom is a plentifull 628 pofterity with opulent poffeffions. ' The faid Katharine, another daughter of the faid Sr Richard Berkeley, was firft maryed to Sr Rowland Lee of Longbarrowe in Gloucrfhire Efqr, by whom fhee Lee. had iffue. And fecondly remarried to Thomas Babington Efq'. Babington. The 1 82 C|je Hibeg of tfje 2&erhefep£ 1491 The faid Anrie and Dorothy two other daughters of the faid Sr Richard Berke ley are dead without iffue. The faid Mary, daughter of the faid Ifable Denis and of Sr John Berkeley her Walfh. hufband, was maryed to Nicholas Walfh of Sodbury Efqr who had iffue Henry Walfh, flaine in fingle combat by Sr Edward Wintour, without iffue, and three Herbert, daughters : And after his death the faid Mary was remarried to Sr William Herbert of Swanfey. And the faid Elizabeth, fifter of the faid .Mary, one other of the daughters of Ligon. the faid Ifable and of Sir John Berkeley, was maryed to Henry Ligon Efqr, who had iffue Sr Arnold Ligon knight, Henry Ligon, Mary, & Elizabeth. The faid Sr Arnold Ligon, by Jone his wife the widow of John Baker, had iffue Henry, Thomas and Elizabeth. The faid Henry, brother of Sir Arnold, is dead without iffue. Clinton. The faid Mary, fifter of Sir Arnold, was marryed to Samuell Clinton gent, who have iffue Samuell, Richard, Elizabeth, Anne, Mary, Margery, and ffrances ; where- Hall. of Elizabeth was maryed to Mr Hall ; Anne marryed to Mr Longe of Afhelworth; ^ ' the other three daughters not marryed, Anno 1628. The faid Samuell maryed the daughter of John Nell of Chafely in the County of Worcefter, who have iffue : And Richard is dead without iffue. And the faid Elizabeth the other fifter of Sr Arnold, was maryed to Edward Baffet Baffet of Ewley Efqr of whom read before in the life of Thomas the firft ; who fol: [144] had iffue Wittm Baffet, Barnaby, Edward, Giles, Elizabeth, Margery, Sufan, and Jane. ¦ '. > The faid Wittm marryed the daughter of Wittm Davy, who had iffue William Baffet now in ward to the king, Anno . 16 18. The* faid Barnaby Baffet by Elizabeth his wife daughter of John Dorney of Ewley, hath iffue Wittm Baffet, Edward, Robert, Elizabeth, Jane, & Hefter. The faid Edward Baffet maryed the daughter of Mr Danyell of Marleborowe, by whom hee hath. iffue one Daughter. The iSo6 Hife of Maurice the fifth 183 The faid Giles is not yet maryed ; Since executed at Glouc, 1640. for mur-| dering of Chriftopher Willis of Wotton. 629 The faid Elizabeth Baffet was firft marryed to William Clavile by whom fhee had noe iffue ; And after to Thomas Poyntz by whom fhee hath iffue Matthewe, Poyntz of Uley. Thomas, Jofeph, John, Elizabeth, Sara and Martha, Anno . 1624. The faid Margaret is married to Samuell Shellam of Woodchefter, who have Shellam. iffue five children, Anno, 1624. The faid Sufan is married to Michaell Dorney who have iffue Thomas and Dorney. Elizabeth, Anno, 1624. And the faid Jane is married to John Deighton of Glouc, Surgeon, who have Deighton. iffue John and five others, Anno, 1624. 5. Che faid Ellenor Denis, another daughter of the faid Aniie Berkeley and of Sr Wiftm Denis her hufband, was maryed to William Ligon of Madresfeild in the county of Worcefter, who had iffue Richard, Thomas, Ralph, Hugh, ffrances, Margery, Ellenor, Elizabeth, and the lady Gorges, of each of whom in order. The faid Richard Ligon maryed the daughter of Sr John Ruffell, and have iffue Wittm Ligon, Henry, ffrances, Penelope, Elizabeth, Elleanor, and one other. The faid Wittm by Elizabeth his wife daughter of Mr Horwell, hath iffue Sr William Ligon, Richard, Thomas and Elizabeth. The faid Henry and ffrances are dead without iffue. l: The faid Penelope was married to Mr Wallin of Woodfeild in the County of Wallin. Worcefter, who have iffue. And the faid Elizabeth Ligon is married to Doctor Miles Smyth lord Bifhop of Glouc. : who hath no iffue. . And the faid Elleanor, (fifter of the faid Elizabeth,) was firft maryed to John Wafhborne of Wichingford in the county of Worcefter, who have iffue. Wafhborne. And 1 84 C&e 3Ube0 of the 2&rftelep£ 1491 And the faid (younger fifter of the faid Elleanor) was married to Ligon of Elfton. The faid Thomas Ligon called of Elfton in the county of Glouc, fecond fon of Wiftm and Elleanor his wife, maryed ffrances daughter of Hugh Denis of Pucklechurch, who have, iffue Thomas Ligon, ffrancis, William, Richard, John Katharine, and Jone. | 630 The faid Thomas was Receivour to Henry Lord Berkeley, and is now farmer of Callowdon ; And by his wife daughter of Denys Pratt hath iffue. The faid ffrancis and William are lately dead without iffue. Richard is alfo unmarried, 163a John was attendant on George lord Berkeley in Oxford at the finifhing of thefe collections, a partaker of his firft travells, And fince dead without iffue. Gerrard. Katharine is married to Mr Gerrard of Stanford in the county of Soim" who have iffue fix daughters. And the faid Jone youngeft daughter of the faid Jone was married to The faid Ralph Ligon, third fon of the faid Wiftm Ligon and Ellenor Denis, fince the beheading of Thomas Howard Duke of Norfolke in yf 13* of Elizabeth, hath lived beyond feas and hath noe iffue. The faid Hugh Ligon, 4* fon of the faid William and Elleanor; hath iffue Henry Ligon, Hugh, Ralph, William, and others. The faid ffrancis, fifth fon of the ' faid Wittm Ligon and Elleanor Denis, maryed Grace daughter of John Bub of Bentham neare Glouc, who have iffue Hugh and John. The faid Margery Ligon, eldeft daughter of the faid William Ligon and Ruffell. Elleanor- Denis, was firft marryed to Sr Thomas Ruffell, by whom fhee had iffue, Thomas, who hath maryed the widowe of Frances Brace; And fecon[d]ly, fhee was maryed to Sr Henry Berkeley of Bruton in y? County of Somerfet, by whom Berkeley of fhee hath iffue Sr Maurice Berkeley and others ; of which remarkable line fee in Bruton. fol : 276. the Ufe of the U Maurice the third. The 1506 Xife of Maurice tfte f ifth 185 The faid Elizabeth, daughter of the faid William Ligon and Ellenor Denis his wife, was maryed to Thomas Foliot of Perton in the County of Worcefter, who have iffue Sr John ffoliot, Sr Henry ffoliot, Wittm, Elleanor, and Conftance. The faid Sr John ffoliot by Elizabeth his wife daughter of Doctor John Elmer late bifhop of London hath iffue Elmer, Thomas, ffrancis and others. Sr Henry and Wiftm are not yet maryed. Elleanor ffoliot is maryed to Sr John Bucke. Conftance is maryed to Mr Baugh. Bucke. Baugh.631 The faid Elleanor Ligon, daughter of the faid Willm Ligon and Ellenor Denis, was maryed to Wittm Norwood of Leckhampton in the County of Glouc, Norwood. Efqr fon of Henry Norwood ; of whofe iffue, (by falling into a neerer degree,) fee fol : 682, after at large in the life of Thomas the fifth fon of this lord Maurice. And the fourth daughter of the faid Wiftm Ligon and Ellenor Denis, was married to Sr Edward Gorges of Wraxall in the County of Somerfet, who have Gorges. iffue Sr Edward Gorges, Sr Ferdinando Gorges, and others, from whom is a plentifull pofterity. 6. Cfje faid Anne Denis, an other daughter of the faid Anne Berkely and of Sr William Denis her hufband, was firft married to Sr John Ragland, and after to Ragland. Sr Edward Came. ' Came. 2£>p her firft hufband fhee had iffue Sr Thomas Ragland, father of Thomas and others : And Margaret married to Mr Carne : and others : Which Margaret had iffue Cicely married to Mr Kemys : Barbara marryed to Mr Turvill : And one Kemys. other married to Mr Baffet ; and one other married to Mr Griffiths ; And one other TurvllL ' Baffet. marryed alfo to . Griffith> 3Hnb the faid Anne Denis by Sr Edward Carne her fecond hufband had iffue Thomas Carne ; who married the daughter and coheire of Sr Walter Hungerford, who had iffue : And one other married to John Huntley Efqr fon of George, fon of Huntley John (called with the great legge,) who had iffue George Huntley of Frocefter knight, 2 B VOL. 11 1 86 Che Hibeg of the 2&erhelep£ 1491 knight, who by Ellenor his wife daughter of Sr William Wintour of Lidney had, iffue feaven fons and daughters, viz! William Huntley who married Elizabeth the " daughter and heir of Mr Read, both dead without iffue : And 2 Edward not married Read in 1634, And 3 George dead without iffue: And 4 Jane marryed to Mr Read of Fofter Mytton, who had iffue : And 5 Mary married to Mr Giles ffofter, betweenywhom is Abrahall a numerous pofterity : And 6 Elizabeth marryed to Mr Abrahall : And Elleanor Huntley not yet married, Anno, 1634. 632 Arnold Lucy 7. Che faid Margaret Denis, an other daughter of the faid Anne Berkeley and of Sr William Denis her hufband, was in the 20* of Henry the 8* marryed to Sr Nicholas Arnold fon and heire of John | Arnold, to whom her uncle Thomas lord Berkeley, the ffifth, by his will gave two hundred marks to her marriage ; who had iffue Rowland Arnold, who by Mary his wife daughter of John Bridges created lord Chandois, had iffue Dorothy marryed to Sr Thomas Lucy, who had iffue Joyce Cooke maryed to Sr William Cooke knight, whom Henry lord Berkeley made one of his executors in truft ; who had iffue Sr Robert Cooke, William Cooke flaine at the Scudamore Ifle of Ree without iffue, Thomas Cooke, Elizabeth married to John Scudamore Efqr ffrances not married, Mary not maried, Dorothy marryed to another John Scudamore, Anne married to Peter Ball of the Middle Temple Efqr, who have iffue William Anno . 1629. And Mildred maryed to John Maxey Efqr, who have iffue William, Anno, 1629. Ball Maxey The faid Sr Robert Cooke, by Dorothy his wife daughter of Sr Miles ffleetwood, are the fruitful parents of many hopefull children, Anno, 1629. 8. Che faid Katharine Denis, another daughter of the faid Anne Berkeley and Tame of Sr William Denis her hufband, was marryed to Sr Edmond Tame fon and heir of Sr Edmond of ffayreford in the County of Glouc; And fecondly to Sr Buckley knight ; And thirdly to Mr Ligon ; but had no iffue by any of them. 9. 5Hnb the faid Mary Denis, the youngeft daughter of the faid Anne Berkeley and of Sr William Denis her hufband, was a profeffed Nunne at Lacocke, And dyed at Briftoll longe after the diffolution of jthat monaftery. Chu£ have I let in a little light in the delineation of this lords iffue, branched from his youngeft fon and onely daughter, James and Anne ; That this lords prefent pofterity might behold as in a glaffe of Gods own making, how by an immortall bleffing 1506 Eife of a^aurice t|)e fifth 187 bleffing conferred upon this good and pious lord, (who according to his own ordi nance did eat his own bread in the fweat of his own browes,) his divine goodneffe hath multiplyed his pofterity in a handfull of years into many thoufands, difperfed through the veins of the moft illuftrious families in moft of the countyes of this kingdom : Whereto I fhall after add thoufands more of like eminency and remark- ablenes, when I come to write | of the iffues of the lord Thomas this lords fecond 633 fon, and foe fucceffively from him. ^ig jsfeaics? of 3Grme0. % habe not obferved any odier feales that this lord Maurice ufed then a fmall feale manuell with the ancient coat of Berkeley only, without creft fupporters or circumfcription : And a little feale with the Lion rampant, the coat of Mowbray : The like whereof Henry lord Berkeley fometimes ufed, as followeth in his life. fol : [875] pes beath anb place of burialL .September is now come, when within one month after king Henry the feaventh had entred into the 22^ yeare of his raigne, Anno. 1506, This lord Maurice then origin : in fcacio. 22. H. 7. rot. 24. in action ftrikes faile ; And from his warrs of Weftminfter hall obtaineth that port which the toile of his life, through care for his pofterity, would not afford ; for his labors found no haVen but the grave ; then of the age of threefcore and ten yeares and odd months, whereof hee had been lord in ftile of writings and generall reputa tion fince his brother the Marques death, fourteene yeares and feaven months or neer thereabouts ; 3Hnb is buryed in the Auguftines Fryars at London, with fome other of 1 his Aunceftors, leaving behind him the teftimony, vitae bene acta?, of a life well lead, Jni^erkeley ""!. and an example of admirable induftry to all his pofterity. | H. 8. Che Ianb£ tohereof he bpeb ge&eb. 634 Chat no lands were left by the Marques Berkeley upon his death to difcend to this lord his brother and heire hath in both theire lives been declared : |PobJ, behold what this lord left to his fon and heire ; And let his pofterity tell their fucceeding generations whether this their Anceftor did not foe well hufband the laft fowerteen years 2 b 2 1 88 Che Hibeg of tije 2&erftefep0 1491 claus: 22. H. 7.m. Origin in fcacio 22. H. 7. rot : 24. carta in caftro de Berkeley. Pat. 22. H-7.ps. 3. years of his life as Juftly hee may bee faid to bee the reftorer of his houfe and Barony ; And a perfect lawier, to gaine thefe goodly poffeffions for the moft part out of broken and controverted titles ; As The burrowe and manor of Tetbury, The manor of Sages, Twenty two marks rent in Frampton, Divers lands in Thornbury, The manor of Daglingworth, The manor of Upton St. Leonards, In the County of Glouc. The manor of Winge, The manor of Segrave in Penne, } In the County of Buckingham. The manor of Denge, The manor of Bridgewicke, J- In the County of Effex. The manor of Hovingham, The manor of Donington, The manor of Twaytes, The moitie of Winefthorp manor, In the County of Yorke. The manor The manor The manor The manor The manor The manor The manor of Bretby, of Linton, of ;Coton, of Repingdon, of Roftlafton, of Afhburne, of Howys, ¦ In the County of Derby. 635 The manor of Melton Mowbray, The manor of Coldoverton, The manor of Segrave, The manor of Witherly, | The manor of Sileby, The manor of Mountforrell, The hundred of Gofcote, The manor of Dalby Chawcombe, In the County of Leicefter. The 1506 Hife of Maurice the fifth The Advowfons of Coldoverton, Segrave, Howby, Kegworth, Sutton- Bonington, and fome others, In the County of Leicefter. 189 The manor of Thurlaflon, The manor of ffleckenhoe, The manor of Afpely, In fhe County of Warrwicke. The manor of Callowdon, in the Counties of the Citie of Coventry and Warwick. The manor of Auconbury, The manor of Wefton, The manor of ffenyftanton, The manor of Hilton, The manor of Guyherne & Murrow, The manor of Bofham and Buckfold, The manor of Thorney, The manor of Funtington, The manor and Park of Bewbufh, In the County of Huntington. - In the County of Suffex. Fifteen houfes and fower gardens in Calais. A Meffuage in Churchftreet in Berkeley purchafed by him of Richard James. The manor of Hinton, The manor of Kent and Kentford, ) In the Counties of Cambridge j and Norffolk. ffower pounds yearly rent out of the manor of Bromley in Surrey. The manor of Maningford Brufe in the County of Wilts. (for which manors and lands foe difcending, his fon Maurice did the 5* of May pat:.f2; H.7.PS.3. next after his fathers death fue his fpeciall livery, wherein the fame are mentioned ; h. 7.rot.24.exprte but found no offices at all, though hee tooke out writts of Diem Claufit extrem. remein. Thefaur. 0 Carta exempl : m dat : caftrode Berkeley. m* 190 Che Hibeje? of the 2&erfceiep£ 1491 dat : 13* Octo : in the 22* of Henry the 7* to have inquired after his fathers death according to the courfe of the Chancery. 3Hhb thefe manors and lands, thus by this lords wife induftry gleaned up and brought back into the old barne, is that faire graynary whereon his pofterity in their feverall fucceffions have ever' fince foe fedd and feafted, upon the invitements of their prefent occations, by feverall. faies, as - fcarce a fifth part now remaines unfold for the repaft of future generations, An : Purchafers. 1628. Upon which alienations alfo fuch numberles peeces of evidence have to the feverall purchafers been delivered out. of their Evidence houfe, as I much miffe hundreds of them, for the further beautyfying and inlarging of this hiftory. | °36 Ctje application anb u£e of big life. The ufe. Gfr. being an inherent truth, That the love which man naturally oweth to his progenitors is felt in every mans heart as a forcible motive to draw on imitation of their vertues and goodnefs with their pofterity, I cannot but hope from the noble worth and induftry of this lord, That as his virtue ripened in his two fons, (both lords,) that next followed, neither was any wayes blafted in their fucceeders ; foe it will invite the lord George, (lyneally from them,) in his maturity of years, reading this his Anceftors life, to beare like fruite ; not only as a reall acknowledger of his eftate and dignity, renated (as it were) by this lord Maurice, But to become a true imitator of his induftry and providence for his own future pofterity : <©f whom I may truly fay, hee was a king of worthyes ; And to know, that although our cheifeft hopes ought to bee fixed in the goodneffe of God, yet by puting to that account our own endeavors the remedy is made more eafy, and wee the fooner matters of our ends, as lively wee fee in this lords example. 2. ^ftgaine, from the example of the mean eftate wherein this Lord Maurice was left by his laft Anceftor the Marques, whofe heire hee was, his pofterity may compound a foveraigne treacle againft worldly pride, unbrotherly contention, infta- billity of greatnes, and the like : 3Gnb may alfo apprehend, That all greatnes honor wealth and the like, are but a fhadow, dull and wind : And may more truly com prehend whence men and honor come, and whither they are to goe. 3. 3dgaine, That to the laborious God is propitious; And that neceffity makes men fkilfull Artifts who never meant to have practized : And that where honor and profit are propofed greater fpurrs cannot bee fet to a man that hath fpirrit, even to perform actions and bring bufinefs about that feems beyond power, As this lords pofterity fees 1506 Hife of Maurice the f ifth_ 191 fees in the life of this their induftrious Anceftor ; which I wifh may ever lye open before them. 4. 3Ugaine, when this noble family fhall by way of object reflect itfelf to fee this their Ancefler, with a milk white head in his irkfome old age of 70. years, in Winter Terms and frofty feafons, with a buckerom bagg fluffed with lawe cafes, in early mornings and late evenings walking with his eldeft fon between the fower Inns of Court and Weftmr hall, following his law fuites in his own old perfon ; not for himfelf, but for his pofterity, to regaine part of thofe poffeffions which a vaft brother had profufedly confumed ; to leave thereby whereon to live honorably like his forefathers : It cannot but ftirre up an active care in his pofterity to pre | ferve 637 and frugally to hufband thofe poffeffions thus painfully obtained ; The end, why this application and ufe is propofed. 5. 3f_jainc, this noble family may obferve that this their Anceftor erred in his refolution, holding it better to prove the evill once, then always to fear it ; A caufe why hee fell fodainly out with the lord Marques his elder brother, whereby hee was the fooner difinherited of his barony : whereas hee fhould have confidered the con- clufions of things, rather than their beginings : Of helps wee oft make hindrances. There are many herbs very fweet when they are gently handled, but they loofe their favour when they are roughly rub'd : This with this lord fell out too true ; But femper fapere vix Iovi conceditur, the wifeft are not alwayes wife ; Sometimes not to erre is beyond the power of Humanity. 6. Sfigaine, let this lords pofterity fweeten their meditations with the remembrance of the bleffings which Heaven, from the death of this lord to the prefent infancy of his great-great-great-grandchild the lord George, hath fhowred down upon this lords generations, as a vifible reward of a life well lead, according to the ordinance of the Almighty, his lawgiver and creator : ffor further ufe whereof I returne this family to what is written in the end of the title of this lord's iffues, which I wifh may bee of ufe to them in their generations to come ; And that fol: [632] " the fupreme hand of divine providence may uphold the honor of- this lord in a bleffed perpetuity, which hath done this good for his pofterity. 7- 3Hgaine, the life of this lord tells his pofterity, how much thofe men miftake the nature of God's divine ordinance, who neglecting the reafon that God hath given them, do noe otherwife avoid the perills and croffes of this life then as if they were 192 Che ttibeje? of the 25erfeeIep3Sf 1491 were ftupified in the groffe opinion of fate or deftiny, neglecting either to beg counfell at Gods hands, or to exercife that wifdom or forefight wherewith God hath inriched the mind of man. 8. 3dgaine, This lords pofterity feeth that this their Anceftor contented not himfelf to fit ftill and fay That God was pleafed to have it foe and foe with him, and thereon to reft ; which had been a true but an Idle anfwer, (for who knoweth not that Gods fecret will is the caufe of all things ; ) But to know with all That God giveth fpirit, courage and invention, when and where it pleafeth him to give an happy iffue to our undertakings and defires ; Yet not fo altogeather to reft upon our felves, that wee will noe longer feeme to ftand in need of God ; ffor the iffue of humane wifdome is commonly unfuccefsfull when it depends upon that proviffion which it felf hath made : 3tnb let this family obferve withall, That the All-powerfull 1 Sam1, cap: 16. God difdained not to inftruct Samuell to avoid the fury of Saul by the accuftomed | 638 cautious waies of the world, when hee fent him upon that dangerous fervice of anoynting David for that kings fucceffor in the Crowne : And how, though Mofes Exodus 13 ct. 14 well knew that hee came out of Egypt under the mighty hand of heaven, And that P- God guided his underftanding in all his enterprifes, yet hee lay not ftill in the ditch crying for help ; but ufing the underftanding that God had given him, hee left nothing unperformed becoming a wife man and a valiant and fkillfull conductor, as by all his actions and counfells well appeared, And found his fucceffe accordingly ; as this lord alfo did, And his pofterity after may, ufing the fame meanes. 9. Sfrjahtc, from this memorable Anceftor this ufe may bee drawn ; That as noe adverfity accompanied with the leaft or poffibility of recovering, could ever vanquifh his endeavor, but would firft looke over every promife, true or falfe, that the prefent time could make him, and accordingly fucceeded happily in his tryalls : And knowing that wife men work out their own ends by the medium of mens affections and naturall appetites : Hee fo perfevered in a wife conftancy, That hee ever went away mafter of his own ends to his great profit and honor ; Yet with fuch a magnanimity of fpirit, that hee fcorned to fawn upon or fear the greateft, as his life hath declared ; And as a man of motion foe perfonally beftirred himfelf, That to the example of his pofterity hee brought all his purpofes to execu- ' tion : adverfity never leffening his courage, nor profperity his circumfpection. . c the Cife of iHanritt the Bijrih Clje life of Maurice lord Berkeley the fixth of that name, ftiled in Writings, Maurice Berkeley Efqr, 9Unb Maurice Berkeley knight, 3Unb Sr Maurice Berkeley of Yate, knight. 3£nb Maurice Berkeley knight pro corpore dni regis, for the body of the king ; 5llnb Maurice lord Berkeley, 3Unb Maurice Berkeley lord Berkeley ; 2flnb Maurice Berkeley knight, Ld Berkeley; 3Unb Maurice Berkeley of Berkeley, knight, lord Berkeley. 2Hnb was Ab-patruus,' great-great-great-uncle, to George now lord Berkeley. 3tnb may bee called Maurice the Courtier. Contemnorarp, with king Henry the &11 from the year 1506, [fic] till 1523. Cfte life of this lord is delivered under thefe eight titles, viz*. 1. — J^ijf birth and education, fol : 64L 2. — l^ig forreigne imployments, with his law fuites, fol : 644. 3. — 1$ig creation of 25aron, fol : 654. 4. — J^ijgf wife, fol : 658. 5. — J^i the good lady this lords wife appears alfo in thofe marginall notes, taking exception to fome perticular Acates that were in redundance, and to other forts that wanted ; giving direction to y? Steward for time to come what fhee would have done, which for his better memory hee entred into the margent of his faid houfhold book ; As, thus 2 c 2 196 Che Hibeg of the Sfcerftelepg 1506 thus and thus, commanded by my lady : 3ilnb fuch was this lords liking to his feate at Yate, and his hopes of repoffeffing really the Caftle and Barony of Berkeley with the members thereof, That hee fold himfelf out of the manor of Wing in the County of Buckingham, and fome others in remote Counties, as after appeareth; 644 And with the moneys thereby raifed, bought the manors of Bytton and | Hannam, Mango ttsfeild, Aylmington and divers lands in Henbury in the County of Glouc, lying near to his faid houfe at Yate ; declaring himfelf thereby to bee a reall Gloucefterfhire man as his forefathers had been, and that himfelf henceforth would bee a forreigner in all other Counties ; as more largely fhall bee delivered in an hiftory of thofe and other manors, which I have, in effect, already finifhed, by it felf. pat : dat : 9. Nov1: 6. H. 8. in caftro de Berk : Cartae in caftro de Berkeley. 3Hnb fcarce was this lord difcharged of the office of being high Sheriffe, but hee procured from the king a generall pardon of all trefpaffes, forfeitures, &c, made to him, by the names of Maurice Berkeley of Yate knight, ats. Maurice Berkeley of Stoke Gifford, knight, ats Maurice Berkeley late of Tetbury knight, ats Maurice Berkeley late of Melton Mowbray knight, als, Maurice Berkeley knight one of the Juftices of peace in the County of Glouc, ats Maurice Berkeley late Sheriffe of the County of Glouc, ats Maurice Berkeley knight. Berkeley. IjHg forraigne implopmentg. Che king purpofing warrs with france, great preparations were made, and Carta in caftro^ de fpetiall Captaines affigned, whereof this lord Maurice was one ; between whom and the king, it was by Indenture, fubfcribed with the proper hand of the king, dated the 30^ of Aprill in the fourth of his raigne, (wherin hee is ftiled one of the knights for his body,) agreed, That hee fhould do the king fervice of warr in the Army which hee now fendeth under the conduct of Thomas Gray Marques Dorfet his Leivtenant generall into Gafcoigne and Gwyen, for reduceing them under the kings obedience, & to have in his retinue in that fervice, fower hundred and eleaven able men, defenfibly arrayed for the warre, himfelf being one of the number : And to place for his faid retinue, Leivtenants and petty Captaines under him, and to make his own mufters and the like, as by .the Indenture appears. Hollingfi : Stow : div'f alij %}X June after, the whole Army took flapping at Southton, and returned in ember following ; The fucceffe of which Journey I leave to Annalls of thofe times, who all agree That much was not done. Marten, et div'fi December following ; The fucceffe of which Journey I leave to the relation of the %n 1523 ttife of Maurice fhe £i*th 9jlt July following in the 5* of his raigne, the king in perfon went into ffrance with a powerfull Army, what time hee tooke Tirwine and Turney | and fome other Cities, And returned into England in October following; with whom went and returned this lord, But what charge or comand hee had in that royall Army I have not found.1 197 645 i^otobeit, this lord (then in the 46'.h year of his age,) being required to expreffe his opinion for the ordering of the Army fent into Gafcoigne, I find as followeth, which I the rather here infert, Afwell becaufe the fame is this lords own rough draught and proper hand writing, As for his pofterity to difcerne the difference of military difcipline in thefe times from thofe of the 4'.h of King Henry the eighth. <©rber£ to bee obgerbeb for the 3trmp. Imprimis, to divide the Army into three parts ; That is to fay, the Voward, Maurice Lord Battle, and Rereward. Berkeley Manufcr. in caftro de Berkeley. Item, to appoint the cheifeft Captaine of the Voward, and what Captaines and number fhall goe with him. Item, to appoint the Captaine and number of the battle. Item, to appoint the cheife Captaine of the rereward, and what Captaines and number fhall goe with him. Item, the high Marfhall for the Army. Item, the provoft Marfhall. Item 1 Little mention is made of Maurice Lord Berkeley in the State Papers of Henry viij. He is named ma letter of Cardinal Wolfey, dated 20 Aug., 1523, to be required with Lord Sandes "for affiftance to be gyven unto the Lieutenant (the Duke of Suffolk,") Vol. I. p. 123 ; and in another letter from Wolfey, dated at Hampton Court, the 30th of the fame month, it is mentioned that, " the Kinges Grace hathe levied a puiffant armye of as tal active and ele£t perfons, with as expert and good Capitains, as hathe paffed out of this Realme at any tyme this 100 yeres ; whiche armye largely furnifhed and pourveyed of Ordenaunces Artillarye and other abilyamentes of werre, and femblably of vitailes in fufficient quantite is commytted unto the governaunce and leding of the Kinges entierly beloved Coufm and Counfaillour the Duke of Suffolk as his Graces Lieutenaunt General of the fame. In whofe company be affigned diverfe Lords and other difcrete and experte Counfaillors and Capitains, as the Lords Mountjoy, Montague, Ferrers, Sandes, Berkeley, &c." (Vol. V. 170.) We do not however fee Lord Berkeley named in the proceedings againft Therouenne and Tournay. [Ed.] 198 Che Ulibeg of tfje 25erftelepisf 1506 Item, the Treaforer. Item, the mafter of the ordinance. Item, three Captaines of the pyoneers, whereof one to bee with the voward, Another with the battle, And the third with the rereward. Item, a principall Captaine for the Scowtes. Item, feaven Captaines to have the rule of the watch nightly, whereof one to watch. And to have the rule of the ftale1 in the market ; And the fcoute to fend word to the Captaine of the ftale from time to time if the cafe foe require, And ' hee to advertize the Lievtenant ; And the faid Captaine to fend certaine of the ftale to view the watch of the Ringe fower times of the night. Item, before two of the clock in the morning the watch and fcout to bee releived with others. Item, the Marfhall to goe daily before, and to take and appoint the place 646 where the Campe fhall lye ; And every lord and Captaine to fend a furrier | to receive the ground and place for their mafters lodgings. Item, to appoint one man with three officers under him to have the overfight of the carts and carriages, and to fee them conveyed out of the campe, from the tents unto the outfide of the feild ; And foe to march in that order as they fhall bee appointed, not fuffering any carriage to goe ten fcore before the voward, nor ten fcore behind the rereward ; And alfo at their coming to the Campe, having difcharged their carriages and fetched their forege, to place them for the fortifying of the campe as they fhall bee appointed by the Marfhall. Item, one principall man to have the rule and charge of all kind of victualls, and to fee the diftribution thereof, And alfo to receive money for the fame ; And hee to have a convenient number under him for the better order and execution of that charge ; and to bee Clarke of the Market. Item, the campe to bee fet every day at a convenient houre. Item, the voward to remaine in order of battle untill all the carriages of the fame bee come where they fhall bee appointed, and the tents almoft fet up, And then they of the voward to goe to their lodgings. Item, 1 flail. 1523 ftiCc of S^aurice the £istf) 199 Item, the battle to remaine in order till the coming of the rereward, and then to goe to their lodgings. Item, the rereward to remaine in order of battle till all the carriages bee come into the campe, and then they to go to their lodgings. Item, every day a Captaine with a convenient number to bee appointed to goe for the forrage ; And that noe man to goe out of the forrage untill the faid Captaine be ready and in order for their defence. Item, the faid Captaine to fend out good fqyryors (fic) before his going forth. Item, that noe man goe to the forrage but fuch as their Captaines will appoint; And they to goe noe further nor tarry longer then the captaine of the foriage fhall appoint them. Item, every morning when the trumpets fhall give warning, every man to take down their Tents and lade their carts ; And the captaine of the voward to bee ready in order of battle before the going forth of any of the carts. Item, the battle to do the like. Item, the like order for the rereward. Item, the voward and rereward to have good fqyriors out in every fide. | Item, that no man after the campe fet goe forth of the campe without licence 647 of the Lievtenant, the Scouts only excepted. Item, to appoint to the voward a Captaine of Horfmen. Item, the like for the battle. Item, the like for the rereward. Chu£ this lords writing. Wfyftgt this voyage was in preparation and this lord bent towards the Journey, Hee for his better provifion borrowed one thoufand pound of John Heron Sergeant at lawe ; And for the fetling of his eftate and repayment of the faid money in cafe hee fhould dye in that warre, by his Deed tripartite dated the 26* of March in the third 200 Ctje £ibeg of the 2&erftelepg 1506 cartas cum Edro third year of Henry the 8* by the name of Maurice Berkeley knight, enfeoffed Sr baronft.'dat^o! William Read knight, Richard Brook Sergeant at law, and others, of his manors of m'cij. 3. H. 8. Bofham ffuntington and Thorney in the County of Suffex ; 2tnb of his manor of Winge in the County of Bucks, And of his manors of Bretby, Roftlafton, Cotton and Linton in the County of Derby, And of the manor of Wetherly in the County of Liefter, And of the manor of Denge in the County of Effex, and of his manors of Auconbury and Wefton in the County of Huntington ; To the ufe of himfelf and his heires and to performe his laft will. Subfcrib : Morys Berkeley. Duae cartae cum pdco Edro Deringe mil[i]te et barronetto. 3Ultb by another Deed of the fame date, It was between all the faid parties and the faid John Heron agreed, And this Maurice did accordingly covenant, That the faid ffeoffees fhould ftand feized, To the ufe of the faid John Heron and his heires untill hee were paid one thoufand pounds w* his charges in levying the fame, which fomme hee hath borrowed of him, And after to the ufe of himfelf and his heires, and to performe his laft will. Pafch : 4. &. 5. H. 8. rot. 333. in banco : Volunt Sub Sigillo. 5. H. 8. in caftro de Berk: 648 Funtington Office. 29. H. 8. poft mort. Thomae Dm' Berkeley, vi* vide in vita Jacobi Dni. Berkeley, 5(n Eafter term in the 4'.h and 5* of king Henry the 8* then upon his faid voy age into Gafcoigne as hath been faid, hee fuffered conion Recoveries of all or moft of his lands, thereby to cut off all old entayles, and to draw a fee fimple to himfelf, the better thereby to difpofe of his eftate in fettling of his affairs by his laft will ; Having alfo the year before made divers feoffments of the fame manors the better to perfect the faid Recoveries : 5HH which hee declared to bee, To the ufe of himfelf and his heires, and to the intent to perform his- will ; which,, firft in the third year, and after in the fifth year of Henry the 8£.h hee did at large ; 31nb declareth that the manors of Melton Mowbray, Coldoverton, Sileby, Mountforrell, Segrave, Thur- lafton, fflekenhoe, Tetbury, Daglingworth, and Sages, fhould bee To the ufe of Katharine his wife for life in lieu of Joynture and Dower ; And the manors of Bofham, ffunt | ington, Thorney, Winge, Segrave in Penne, Bretby, Cotton, Roft lafton, Lynton, Repington, Witherly, Auconbury, and Wefton, fhould bee to the ufe of John Heron untill hee were paid the faid thoufand pound borrowed of him, according to Indentures thereof made in the third of king Henry the eighth as before is touched ; And then his feoffees, to grant thefe Annuities to thefe perfons following Tor their feverall lives, viz? To James Berkeley Efqr his brother, Twenty pounds p Anii. To Thomas Try his Sollicitor Ten pounds p Ann. To Margaret Shippard. 3" 6s. 8? To Raph Butler. 4V1 To Thomas Berkeley 4? (of whom were the Berkeleys of Berkeley Town,) To Richard Berkeley 4" (of whom are the Berkeleys of Worcefter and Herefordfhires,) To Peter Swift. 6" 13? 4d. To George Shippard 4? To i523 flife of Maurice the £iith 201 4? To James lluen. [fic] 6!' 13^4?: And foe to twelve others for their feverall lives out of the manors laft mentioned ; And after for payment of his debts; And after to his right heires ; wherein his providence, (leaft his will fhould bee fuppreft,) was fuch that, with the privity of his faid follicitor, hee left three feverall wills, (one and the fame,) all ingroffed in parchment under his hand and feale at Armes in three feverall freinds keepings ; All which came after togeather, and are now in Berkeley Caftle. Slntl afterwards in the 12* of king Henry the 8* hee added a Codicell to the former yahint. 12. H. 8. will, and thereby gave five hundred marks to the faid Mary Berkeley his brother James daughter, fo that in her marriage fhee bee ruled by his executors and by the Pryor of Bath and by the Mafter of the Gawnts at Briftoll ; And appointed alfo a great portion of money towards the building of the body of the Church and Monaftery of Sr Auguftines, And in making of a Chappie of our bleffed lady within the fame Church, wherein, (faith the will,) I intend by Gods grace my body after my deceafe fhall lye. And for the reedifying and building of the church and chancell See fol : [540] and flails of the ffryars minors in Glouc, whereof (faith his will) I am founder, And where dame Ifable Berkeley my grandame lyeth buryed ; which work (faith the faid will) I have now began, and in cafe I dye, Then my executors fubftantially to finifh the fame : 3flnb this Lord further declared by his faid will, That if any perfon fhould put out or moleft his faid Cozen Thomas Try out of the manor of Callowdon, which hee hath for Terme of his life by the joynt demife of him and his mother in the 5* of Henry the 8* or fhall avoyd any leafe, grant by Copy, or anuity by him made or to bee made, Then his executors to fell his manor of Bretby from him and his heirs, And with the money arifeing, to fattisfy his faid Cozen Try, and every of his leffees and Grantees which fhall happen to bee expulfed. | 3Enb by an addition the fame 649 year to this will and Codicill, hee giveth his leafe of Yate of 80 yeares after his wives death to his nephew Thomas, (after lord Berkeley,) fon of his brother Thomas; And to his faid wife the one half of all his plate and goods both at Yate and elfe- where, And the other half to the faid Thomas his nephew. 2lnb now at Calais, the Volunt. Mauric 11* of Septr 1523, in the fifteenth of king Henry the eighth, by a further codicill caftrode Berkeley.. annexed to the former will, appointeth his body to bee buried in Trinity Chappie in S? Nicholas Church in Calais ; And that his two chaplins Handly and Afkwith fhould celebrate and pray twenty years for his foule, The firft ten years in Trinity chappie, and the other ten years in Sr Auguftines monaftery in Briftoll, And to have ten pounds a peece yearly wages out of his manr of Bofham. And gave further feaven other anuities, (befides thofe afore mentioned,) to feaven fervants during their lives. 3Enb further increafed his wives joynture with the manor of Tetbury for her life. Sifter 2 D VOL. II 202 Che Hibeg of tfje 2&er&riep£ 1506 carta cum Edro Deering milite et Barronett[o]. Sifter whofe death his executors, Sr John ffit3-James cheife baron of the Exchequer and others, (per noia executor tefti dni Mauricij Berkeley militis rtni Berkeley,) having difburfed great charges about his funerall, had their difcharge from Thomas Wolfey then Cardinall and Legate, And from William Archbifliop of Canterbury and Legate alfo, by deed under both their feales dated the 1 2* of February . 1523 . Anno 15* of Henry the 8* pat: dat : 25. Odtob. 24. H. 7. in caftro de Berkeley. mich : rec : 24. H. 7. rot. t. in fcacio cum rem Thefaur. Carta dat. 6. Nov. 1. H. 8. in caftro de Berkeley. f^cncp the 7* in the 24* of his raigne granted to this lord for his life the ranger- fhip and cuftody of the forrefts of Kingfwood and ffillwood, and the ftewardfhip of the manor and hundred of Portbury ; Upon furrender of which tres patent, (found infufficient,) hee had a new grant the 20* of July in the 3* of King Henry the 8* with the fee of feaven pence halfpeny by the day for Kingfwood and ffillwood, and Ten pound fee for Portbury. 3fn the firft yeare of king Henry the eighth, Sr Adrian Fortifcue knight made this Sr Maurice fteward of his manors of Bradfton and Stinchcomb and of all other his manors and lands in the County of Glouc, for his life, for the fee of twenty fhillings. carta in caftro Che fame year Sr Thomas Knevet and Mirriell his wife made this lord de Berkeley. Steward of their manors of Paynfwick, Moreton, and Whaddon, in the Com of Glouc, for the life of the faid Mirryell, with the fee of 53L 4? #f which Mirryell fol : [479] fee before in the life of Thomas lord Berkeley the fourth. ^e^erkeley! ^Ihb in the 4* of king Henry the 8* Sr Charles Brandon made this lord 650 fteward of his manors of Paynfwick, Whaddon, Moreton Valence, and | Rengworth, in the county of Glouc, and mafter of his game of Deer, with a few buck and few Doe and 53L 4? fee, for his life. Carta. 27. m'cij. 31n the 6A of king Henry the 8^ Adrian, Cardinall and bifhop of Bath and J51P' Wells, granted to this lord the keeperfhip of Pucklechurch parke, (not two miles Berkel from Yate,) for the terme of his life. Carta in caftro de Berkeley. 5(n die 1 2* of king Henry the eighth, Sr Arthur Plantagenet made this lord fteward of his manor of Panefwick and of all other his manors and lordshps in the County of Glouc, and mafter of his game of Deere there, with the fee of 3" 61 8? for his life : And doubtles this lord Maurice was a very able man, And, befides his military knowledge, better fkilled in the laws and flatutes of the realme than any of i523 Eife of Maurice the £>ut§ 20.' Volunt : 12. H. 8 in caftro de Berkel : of his Anceftors, his father excepted, whofe follicitor hee was, as in his life hath been faid. 3[n the 7* of king Henry the 8* this lord bought of the king the wardfhip of pat: dat 24. Maij the body and lands of John fonne and heire of Richard Berkeley of Stoke Gifford ; £e Berkeley?3 "* for which hee paid five hundred marks ; And by his will five years after, directed, that at fixteen years of age hee fhould marry Ifable Denys his fifters daughter ; And if fhee dyed or refufed, Then to marry Ellenor Denys her fifter, And fo to Margaret another fifter : But the marriage held with the faid Ifable, as in the lives of the lord Maurice the third and of the lord Maurice the fifth is formerly written, fol : [315] propagateing an eminent pofterity of many thoufands at this day 1627. 3(n the 14* of king Henry the 8'.h this lord Maurice bought of the king the Carta in caftro de wardfhip and mariage of Thomas fon and heir of Sr Owen Perrot, whom by his will hee directed to marry his brother James Berkeleys daughr, which after his death tooke an happy effect, fhee proving as matchleffe a lady as lived in her days ; from whom an army of eminent gentlemen and a fair race of great nobillity at this day living, (1627,) are difcended, as in the life of the lord Maurice the fifth this lords father hath appeared. 25p the award of Sr Edmond Tame, Sr John ffitz James chiefe baron, and Robert Bowringe, the 24* of ffebruary in the 5^ of Henry the 8* That great con- troverfy which had many years been tumbled with variable fucceffe, between this lord and his father And Sr Robert Poyntz, was ended ; whereby this lord had to him and his heires the manor of Daglingworth, And the moitie of the moitie of the manor of Brokenburrow, extending into the Townfhipps of Tockington, Almondefbury and others, fometime yf lands of John Knull fon of Rys ap Evan ; 3Htlb the faid Sr Robert had to him and his heirs the manor of litle Marfhfeild, and the other moitie of the moitie of Brokenburrow : And they to prefent to the chantry of Al | mondfbury called Brokenburrows Chantry by alternate turnes : And that Ifable mother of this lord, and John Berkeley fon of Thomas this lords uncle, fhould feverally releafe, viz? Ifable, all her right in Brokenburrow, and Jn? Berkeley all his right in litle Marfhfeild, to Sr Robert Poyntz. 3lnb this alfo finifhed that tryall at lawe which had paffed againft this lord, And the writt of Error which hee had brought for the reverfall of the judgment given upon that verdict. 9fn the tenth of king Henry the 8? began this lord Maurice to allow 6!! 13L 4? p anii, ex eleemofyna fua, out of his almes and bounty, towards the repaire of the church of the Gray ffryars in Glouc. ; which liberallity hee continued many years, yea 2 d 2 Carta in papir in caftro de Berk : 651 In banco. A° 5. H. 8. Comp : manerij de Vpton SI Leonards cum Am : Ligon milte Voluntas Mauricij 12. H. 8. 204 ®$t 3titiej6f of t&e 2&erfttfepg 1506 yea after his death, till the fame was finifhed ; Of which place this family were fol : 648. founders ; as before is touched in this lords life. rec. in fccio cum «|jn tne nintn vear 0f king Henry the 8* what time this lord held himfelf half rot. 55! affured of a reftitution, the king, (by this lords own meanes noe doubt,) awarded his comiffion to this lord and others, to find out what wafts and fpoiles of Deere wood and timber were committed upon his lands called Berkeleys lands, within his hundred of Berkeley : Of the carefull execution whereof and returne, fmall queftion needs bee made. carto in caftro de ^jjg 7* of July in the year 15 16, in the 8* year of king Henry the 8* This y' lord Maurice and eleaven others of the like ranke joined in a devout petition to the popes holines, And obtained graces of having power to chufe each' of them a preift to bee their confeffor, And hee to bee by this grace enabled to abfolve them and give them abfolution ab omnibus fuis peccatis, criminibus, exceffibus et delictis, quibufcunque, de quibus corde contriti et ore confeffi fuerint, from all their fins, crimes, exceffes, and offences, whereof they fhould bee contrite in heart and confeffed with their mouthes ; with many other graces, one whereof was, to enter into any nunnery, et cum monialibus converfari dumodo ibm non pernoclent, And to converfe with the Nunns there, fo that they flay not with them all night &c : And fome other of the graces were de coinutatione votorum et relaxiacone jura- mentorum, of changing their vowes and releafe of oaths ; And de plenaria remiffione et abfolucone peccatorum, femel in vita et in mortis articulo, of plenary remiffion and pardon of their fins once in life and in the inftant of death ; And de ingrediendo monafterio monialium, to have recourfe to the Monafteries of Nunns as before ; ' And divers others, All which they obtained from his holinefs as they had petitioned : (Upon the power and efficacy of which Indulgence, paft queftion this lord greatly relyed. Liber ordinis i©hcrea£ in the fcruteny for Election of new knights of the honorable order of gartenj, manufcr the garter) to fuppiy anv one deceafed, each knight of that order nameth three 652 princes, three of the baronage, and three knights, whereout the king | as foveraigne of the order choofeth as beft him pleafeth j1 This Maurice was in the fixth yeare of king 1 At the foot of the Manufcript is the following note to this paffage, in a different hand-writing :— " 1723. I dont know how it might bee in thofe days, but now it is only for forms fake they are named but never any choofe but whom the Sovereign appoints but is an eafy miftake for fo did this Prince of Wales when L? Halifax carried him the Garter from Queen Anne and fhewed him all the form of chufing he ftarted and faid : ' How came I to have it, you have the moft votes ? ' " — [Ed.] 1523 £ife of Maurice tfjc £i*th 205 king Henry the eig[h]th named for one by Thomas Howard the Duke of Norfolk, and by Charles Brandon duke of Suffolk, by the Earle of Worcefter, and by Sr Thomas Lovell, but miffed the election. 3(tt the 8* year hee was againe in the fcruteny named by the faid Duke of g H 8 Suffolk, Sr Thomas Lovell, and Sr Henry .Marney, after Lord Marney. 3[n the 10* year hee was againe in the fcruteny named by Thomas Gray 10. H. 8. Marques Dorfet, Sr Thomas Lovell, and the lorfcLEeynings. 3ftt the 14^ year hee was againe in the fcruteny named by the Earles of Devon I4. h. 8. and Worcefter, and Sr Thomas Lovell. 3(n the 15* year, (about five months before hee dyed,) this lord was againe in the fcruteny named by the Duke of Suffolk, the Earles of Devon and Effex, Sr Thomas Lovell, and Sr Richard Wingfeild, but allwayes miffed the Election ; All which five times hee was named a knight and not a baron.1 3fn the 7* of king Henry the 8*? the king made him Leivtenant of the Caftle Volunt: 15. H. 8. of Calais, and Captaine over so men at Armes, whereof one was to bee Conftable of Pretd : Mauncij. ' r J ' Pat : 7. H. 8. in the faid Caftle; which was of great profit unto him in regard to the fees and caftrode Berkeley. allowances belonging to thofe offices : And what great fervices hee often did againft the French whilft hee was lievtenant the marginall will informe his pofterity. Marten, fol : 396. 5lnb many tres remaine in Berkeley Caftle directed to the right reverend and worfhipfull Sr Maurice Berkeley knight and Leivtenant of the Caftle of Calais : Amongft others, one from Thomas Norton mafter of Burton Sr Lazar, wherein after hee had acknowledged that their Mills neere Melton Mowbray were given to that monaftery by his noble progenitors fower hundred years agoe and more, hee tells him his officers at Melton are by his direction, as they fay, about to fet up Mills at Melton, to their great prejudice in their fucconi, which none of his progenitors lords Toll. nor ladies have ever attempted : 3filtb further, that our holy fathers, popes of Rome, have confirmed all fuch guifts, with many dangerous words and fentence to them that either hurt, harme, leffen, or minifh any poffeffions of their faid houfe ; Trailing, that it is not his mind to bee any of thefe, whereon it feemes, that that project was laid afide for a time. Wfytify tre alfo fhewes, that at this time this lords wife was with him at Calais. I S?anp 1 In the fame hand-writing as the laft is this note in the margin :— " James Earl of Berkeley was the firft of this family that was a Knight of the Garter 1617 [1717 ?] and Vice Admirall of England, firft U of the Bedchamber to King George y« firft, Commiffioner of the Admiralty &c." — [Ed. J 206 C|)e Hibe£ of the Sfcerftefepg 1506 653 0r)anp were the petitions of right which this lord Exhibited at feverall times to king Henry the 8* to have reftitution according to right and the laws of England of the Caftle and Manor of Berkeley, and of the manors of Hame, Appleridge, Alkington, Hinton, Came, Hurft, Wotton, Simondfall, Cowley and Simbridge, in the County of Glouc. ; and of Wefton befides baldock in the County of Hartford; and of Portbury in the County of Somerfet ; And of Kington in the County of Warwick ; (which were all that remained in the kings hands of the Marques Berkeleys entayles made to his father king Henry the feaventh ;) And divers kinds of propofitions at feverall times were made by him to the king, the better to fweeten his fuites and draw on expedition ; wherein at laft hee foe farre prevailed that hee had the kings hand to bee reftored to them : 3in one whereof hee ufed thefe words, That this lord William his unkle conveyed thofe manors to his maj".es father without any money receiving, but onely from an high and pompous mind to bee exalted to the degree of a Marques, and to bee created Marques Berkeley. Howbeit death prevented this lords defires, caufing all that labor to bee loft, which was never after profecuted by any of his heires, till the hand of heaven returned thefe manors and lands to the lord Henry the firft, upon the death of king Edward the fixth, As after followeth in; his life. 25etb)een Edward Stafford duke of Buckingham, (who by divers writers is noted to bee a man of an high fpirit, and very ambitious, and a daily plotter of Treafon againft king Henry the eighth, for which at laft hee loft his head in the 13* of that kinge,) and this lord Maurice was much bitternefs, which continued till neare the Dukes death ; fome ill relifhes of whofe impofthumed malice are not yet wafhed out of divers papers in Berkeley Caftle ; As the Dukes- calling this lords wife, falfe chorle and wiche ; And him, falfe unnaturall Maurice : And that the leaft that is then at Yate neere towards him, fhould fet right nought by him at his own doors where hee dwelleth ; And that hee fhall be faine to feed piggs, as hee did afore when hee dwelled at Port bury, the which is more meet for him then any other worfhip both for his reafon and his perfon, or for any goodnefs or vertue that is in him, fave falfe covetoufjiefs and falfe defire of that hee hath noe right to. 3lnb on the other fide, this lord Maurice caufed one of his fervants to tell the duke, that thofe words belonged to the duke and to his Earldome, and that hee fent them back againe to flop muftard pots with ; And that hee loved him not, nor none of his, nor never would ; <©f which hatred between thefe two neighbors the country towns in thofe parts had foe open 654 notice, That the Duke coming in his ] way towards London to lodge the firft night at Tetbury, ten miles from his houfe at Thornbury, the Baily and burgeffes, (hopeing 1523 £ife of Maurice the &isth 2Qy (hopeing belike to pleafe thereby this lord Maurice their landlord,) kept him from their Town, not fuffering him to lodge in any of their Inns or houfes : whereof this Lres in Berkeley lord Maurice was forthwith advertized, then at Calais, by the tre of one of his preifts. °a e' 3lnb it is more then probable, that this lord had a finger in removing the Dukes head from his fhoulders, within two years after thefe unfavoury vents. 9In the 14* of king Henry the 8* this lord is celebrated in the Annalls of Marten : fol : 396. thofe times to bee one of thofe cheife and valerous Captaines, worthy of all praife, who under the Earle of Surrey, generall of the Army, did fo great fervice againft the french king, in facking of his Towns and Caftles, with the gaine of an incredible booty ; And other martiall imploym? of this lord, afwell at home againft Perkin Warbeke in the time of Henry the 7'Vas againft the Scots and ffrench in the time of Henry the 8* each fecond year at leaft till hee dyed ; Witnes his valour and Marten, fol : 348. worth in Martiall affaires. tyig creation of 2&aron. Chis is the place promifed in the lives of the lord Robert the firft and of the folio 39. lord James the firft, and of the lord Maurice the fifth this lords father, to fpeake S02 further and more largely of the Barony of Berkeley, and of this lords new calling by writt to the eftate, ftile, and dignity of a Baron or peere of the Realme, And really to bee lord Berkeley ; and of the place of precedence which the lords Berkeleys now have or ought to have in Parliament amongft their peeres, then in the lives of thofe three lords I have done : Che nominall title of lord Berkeley afwell this lord Maurice himfelf, as his father before him, had frequently ufed in their fliles, in moft of their own Deeds and Indentures ; And foe alfo ufed many great perfons, as the Duke of Norfolk and others in writing to them to call them ; And fuch alfo was the ufuall fpeech of fervants in their families at home and abroad: J^otODCit, neither was this lord Maurice, nor the lord Maurice his father, re vert and really, a peere of the realme, nor a Baron of Parliament, nor called to | any parliament fince the death of Willm Marques Berkeley in the 7'.h 655 year of king Henry the 7* till the end of this 14* year of king Henry the 8*. So that for thofe 31 yeares this barony of Berkeley, (as the phrafe of comon law is,) was in Abeiance, fufpence, or confideration of law ; for it may not bee faid, That the Marques Berkeley by the grant of the Caftle and manor of Berkeley, which is but 1 Sir Maurice Berkeley is mentioned by Hall as one of thofe who followed the King to Taunton on this occafion. Chron. p. 485. [Ed. J 208 Che ftibeg of tfje 2&crKefep£ 1506 but a matter in fact, did transferr his title of honor to king Henry the 7'.h and foe the king to bee lord Berkeley ; Neither, in truth, in all the Marques his grants to that king is any fuch word as Barony, dignity, title, ftile, or honor, found, but only words fitting for transferring the corporeall fubftance of the caftle of Berkeley and of the hundred and manors and fervices thereto belonging. 3lnb therefore in regard of fuch the kings poffeffion in the Caftle and manor of Berkeley, the name, honor, ftile, and dignity of hd Berkeley, was fufpended in the Crown ; 3ln0 now upon this calling of the faid Maurice by writt, hee became puifne or youngeft baron of all others, loofinge, by acceptance thereof, his Anceftors ancient place of pre cedency in parliament, as himfelf, upon receipt ©f his Writt, brought him to Calais by George Scheppard his kinfman, and fervant, judicioufly conceived : Upon whofe returne back into England, three of his deareft and moft intimate wife friends, in their reply, thus wrote unto him. Co the lorb 95erMep, liebtenant of the Cagtle of Caiaig. Letter in ye caftle %Xl OUT right hearty manner, wee recomend us to your good L?fhipp : So it of Berkeley. ^ wee perceive DV y0ur fervant George Scheppard, That yee would bee content to know our advice in taking of this honor, which the kings grace by his writt hath lately called you too ; Sr, wee all will advife you to take the honor ; and howbeit that as yet yee have not the roome in the parliament chamber that the lord Berkeleys have had of old time, yet wee will advife you to take this roome appointed to you at this time, and to make noe labor of the higher roome at this time, for caufes to longe to write : And yet divers lords your frends here would have had you labor for the lord Berkeleys roome, howbeit peradventure yee fhall have more convenient time hereafter then now ; And for your farther fpede in this matter, wee have caufed your name to bee enterid into the parliament roll, with your writt, and have defired the lord Mountgoie to appier there for you, and to give his voice for you in like manner as in time paffide hath bene ufied one lord to doe in 656 the abfence of another ; So that you | ftand now by matter of record in the full eftate and degree of a Baron, wherein wee pray God to fend you good continuance, An": 15. H. 8. .. ,&, , , „ ,. S 1523. Wlth as much honor as ever had Baron before you. At London the 6* of May 1523. Your own affurede John ffitj James. Richard Weyfton. William Denys. 1. m 1523 3ttfc of Maurice the Jftrth 209 1. <©f whom Sr John ffit.3 James was lord cheife baron of the Exchequer, and then one of his feoffees, trufted with his eftate, and the principall executor in his will. 2. Sit Richard Weyfton, was of the kings privy Chamber, a difcreet valiant Marten chron. and temperate man, as Marten and others call him. : 391- 3. 9lnb William Denys had maryed his only fifter, Anne Berkeley, of the kings privy chamber alfoe ; Who all knew That the king at this time had figned with his hand his petition of Right, for his reftitution to the barony Caftle and manor of Berkeley, and of the other manors formerly named, the true effentialls fol: [653] thereof; And therefore, (if noe other caufe were,) their advice was good, that this lord fhould not bee too earneft at firft for the fhadowe but to flay a while for the fubftance, till a more convenient time fhould inveft him in the actuall poffeffion of his faid caftle and lands, either by that kings reftitution, or by the kings death without iffue male, then having none, nor likely by his wife to have any ; and then the place of precedence would follow of courfe and by lawe. get for all this would not this lord take- this Stile and Calling upon him, unles withall hee had his Anceftors place in parliament, as another- tre written to him by his faid kinfman and fervant George Schipward the 1 31!1 of the faid May doth inti mate ; wherein he tells him, That the lord Cheife Baron and Mafter Denys have Lres in Berkeley knowledge that yee ufe not your name within your houfe according, wherein they e" think, that if you fhould foe doe ye doe not well : And alfo their advice is, that yee fhall provide a fadd gentlewoman in the court, to wayte upon my lady, to attend upon her according : meaning according to her new honor of Baroneffe ; Where upon this lord at laft accepted of the Honor conferred by the faid writt, And con tented himfelf with the kings pleafure of being the youngeft Baron in place at that Parliament. 3lnb at this time, many tres congratulating this his new | honor, were 657 written to him, (as alfo many others were, upon buifines,) which from henceforth were directed, To the right honorable and my efpetiall good lord, my lord Berkeley, Lieutenant of Calais ; which words of right honorable, neither hee_nor his father had received before. 3lnb amongft others, Thomas Burghull preift, in his tre from London dated the 5* of that May, writes, (inter alia) to him, That where the kings grace hath create you lord Berkeley, this is a good preparative for the hope that his grace will hereafter endue you with the very lordfhip of Berkeley, your inheritance, which I pray God I may fee. Slnb 2 E VOL. II 210 Che £ibe£ of the 2&erfeeIepiSJ 1506 3lnb thus, (for ought I have perceived to the contrary,) ftood the place of this lord Maurice in his precedency, but from the end of this 14* yeare of king Henry the 8'.h And foe alfo of Thomas his brother and heire, and of Thomas his fon and heire, and foe alfo of Henry his pofthumus fon and heire, till the 19* of his age, when by the death of king Edward the fixth without iffue male the Ancient dignity barony honor caftle and manor of Berkeley reverted to the faid lord Henry, both as right heire to the lord William Marques Berkeley, the conuzor in the fyne often before mentioned, And alfo by difcent of the ancient dignity from the firft creation of the lord Robert the firft, in the firft year of the raigne of king Henry the fecond, Anno Dom . 1 1 54. which by the former acts or conveyances made to the heirs males of king Henry the feavenths body, could not bee extinguifh ed ; As that profound Coke: 11 rep: learned Judge Sr Edward Coke hath in the cafe of the lord De la Ware, (formerly mentioned,) delivered : ^either could the acceptance of the dignity by this lord Maurice, or the continuance thereof by the two next lords, Thomas and Thomas, bee any barre hindrance or eftoppell to the lord Henry, when through want of iffue male of the body of king Henry the feaventh, hee entred upon his anceftors honour, and dignity in the firft yeare of Queen Mary : whereto alfo hee is the better remitted by reafon of his minority and his then wardfhip to the Crown, as in his life will more fol : [727 et feq.] fully appear. JtDtycrcitpQtt I conclude, That the lord George, grandchild and heir of the faid lord Henry, notwithftanding any thing to the contrary, hath and of right ought to have, place of precedence and anteriority from the faid firft year of king Henry the fecond, Anno . 1 1 54 . and confequently before the lords De la Ware, or any other now in the ftate of a Baron in England, for ought I have found to the contrary : neither needs any paynes to bee taken to looke after reftitutions in bloud, for none of his Anceftors have at any time been attainted. 3lllb befides, this lord, howbeit hee had his proxey, as by the former Lre [ 658 appeareth, yet never came perfonally to that parliament, but ftill kept at Calais, where hee dyed in September followinge, as after appeareth. 1$ig toife. carta in caftro de C|)i£ lord Maurice married Katharine the daughter of Sr Wiftm Berkeley of Berkeey. gtoke Gifford, knight, in the fecond year of king Richard the third, then in the 17* year of his own age, and fhee not much under, with the good liking of their parents, as hath been partly before touched ; As alfo that fhee brought in portion as her dowry Forty marks in hand, and feaven hundred marks more payable by five marks every quarter, for fecurity whereof the faid Sr Wiftm made a leafe of his manor of Kingfton 1523 Hife of S^aurice the Sixty 211 Kingfton Seamor in the County of Somerfet, for 35 years, and alfo gave his obli- Obli:dat:28. Jan 2. R. 3. in caftro gation of one thoufand marks ; Howbeit, neither party fully performing their cove- de Berkeley' nants, the fame was afterwards by another indenture between this lords father and carta in caftro de Richard Berkeley fon and heire of the faid Sr Wittm, dated the 17* November in Berkeley- the 17* of Henry the 7* reconciled and performed without fuite, each remitting to other their mutuall breaches. Che Joynture of this lady at the time of her marriage was agreed only to bee one hundred marks by the year, and noe more, in regard of her hufbands apparant poffibillity to the Barony of Berkeley : his unkle vifcount Berkeley and Earle of Nottingham then being without iffue, whereby the hope of each parents fide, (all parties then ftanding upon brotherly terms,) feemed affured of poffeffing one day his faid unkles eftate; whereof not only the Covenants of this lord Maurice of eftating the faid Katharine in one hundred markes Joynture out of his faid brothers manors of Cam Slimbridge and others, which were to difcend upon him after his faid unkles death, but alfo the ftile w"? this lord therein gave himfelf of being brother and heire of the faid Earle of Nottingham, doe fufficiently declare. 2But when her hufbands father and himfelf had raifed their eftates, her Joynture fucceffively by them was increafed alfo, infomuch as now upon her hufbands death, fhee had left unto her for her life in leiu of Joynture and dower as hath been faid, the Manors of Melton Mowbray, Sileby, Coldoverton, Mountforrell, and Segrave, in the County of Leiceftr; | The manors of Thurlafton and fflekenhoe in the County of Warrwick; The manors of Tetbury, Daglingworth, Sages, and Yate, in the County of Glouc. ; And the one half of all her hufbands perfonall eftate whatfoever ; which intimates to pofterity, her vertue and their affections. cartas: dat 28. Jan: 2. R. 3. in caftro de Berkeley. 3. carta? in caftro de Berkeley. Volunt. dci Mauric in caftro de Berke ley. Inq: p.' mort Maur 16. H. 8. in div's Com659^ Origin in fcacio. 16. H. 8. rot. 3[n the later two years of her hufbands life, this lady Katharine being but Comp : hofpicij lately returned from her hufband, then at Calais, came twice from Yate to Berkeley, not 8 miles afunder, what time her brother in lawe Sr Thomas Berkeley had the Pat: 6. H. 8. in keeping of the Worthy Parke under king Henry the 8* ; In the one of which Journeys of pleafure, fhee was attended with 36 Horfes, and in the other with forty of her own fervants. %X6X when fhee and the faid Sr Thomas, (then lord,) a fewe months after Carte cky JDec. her hufbands death, parted into two parts fuch houfhold furniture, (according to her de Berkeley. hufbands will,) as then was at Yate, the faid Thomas brought from thence in the behalf 2 E 2 212 Che %ti*z$ of the S&erftclepg 1506 Carta indent, in caftro de Berkl : behalf of his fon and heire, as part of his half, a truffing bed and teller of cloth of gold, divers peeces of Arras imbroidered with gold, divers cufhions of gold, embroidered w* ramping lyons of filver, a fhaving bafon of filver weighing three fcore ounces : Candlefticks with their prickets and fnuffers of filver of thirty ounces, two great flagons of filver, two potts of filver parcell guilt, a filver chafing difh, two great falts of filver with covers double guilt two gobletts of filver with covers parcell guilt, a great goblett of filver double guilt with a hind upon the cover, and three flatt bowles with covers pcell gilt, &c ; leaving the like for her, as by the note indented between them appears ; which argueth the furniture to bee the more honorable, and fhee a lady of the more ftate, for that the Weft Indies had not at this time fhowred her barrs and Ingots of filver and gold upon Europe. Acq : 26. Apr : 25. H. 8. 3lnb this Thomas the fon not longe after received from the executors of his father, one chaine of gold with a croffe, containing — 324 . links and a hook of gold, a gown of ruffet velvet furred with Martens, one rich coat of tinfel, one plagardxand foreftocks of cloth of gold rayfed, and a roll of parchment of his fathers pedegree, which I mention for the caufe aforefaid. 3ft was not her good hap to have any iffue by this lord her hufband, but his hap to have a bafe fon by another woman, whilft hee lived at Calais, whom hee called Humphry Berkeley, but by what woman I could never find, neither would this lord ever mention it, Which Humphry dyed in youth without iffue. 3lnb further fuch was this lords difcretion, that hee would never in his life- | 660 time fuffer his bafe fon to fee England ; 3lllb fuch this ladies wifdom and love to Comp : hofpic : her hufband, as fhee never tooke exception to that dalliance, but lived with great caftrode Berkeley. refpect and obfervance towards him ; And noe lady more carefull in government over her hufbands family, nor more for his profit, then this good lady to the laft of her hufbands dayes. Chig Joynture thus lovingly from time to time increafed by this lord her hufband, this lady enjoyed not full three years after her hufbands death, before by her death fhee left it to the faid lord Thomas her hufbands brother and heire, and. her foule to him that gave it, and her body to bee buried at Yate, fhee then of the age of fifty feaven years, whereof marryed to her hufband forty years and upwards, by whome for any thing I have obferved, fhee never conceived with child, 1 Query ? " Placket," a woman's pocket. See Halliwell. 1523 Itife of Maurice ttje Sixty %i$ Sea\z$ of Slrmeg. 213 Cbi^f lords ufuall feale was the Armes of Berkeley and Brotherton in one brode efchucheon of two inches and an half diameter, borne cornerwife ; The creft was the helmet with a half lyon on the top thereof ; The fupporters were, two lyons rampant, fupporting the helmet, circumfcribed figillum Mauricij Berkeley militis. $lnb for his privy feale, this lord ufed a little Lyon rampant, the old paternall coate of the Mowbrayes : Behold the figures. fol: [649] l$i& beath anb plate of buriafi. Chat this lord purpofed his body fhould have been buried in Sr Auguftines volunt. *. 5. 12. Monaftery by Briftoll amongft the clufters of his honorable Anceftors, (where for 15- H. 8 in cur: that purpofe hee had built a Chappie,) his three wills made in 3* 5* and 12* of ^Be^keley.0* * Henry the 8* before | touched doe declare ; 2_5ut God difpofed that hee fhould dye 661 in Calais, beyond feas, and bee buryed in Trinity Chappie within the parifh Church fo1 : [6481 of S' Nicholas there, with fuch devotions for the repofe of his foule as formerly is declared out of the Codicill annexed to his laft will made the day before hee dyed ; And having perfect memory during a lingring ficknefs, it canot otherwife bee con ceived but that his confeffor, (who feemes by the popes grace formerly mentioned to have been purpofely provided againft that day of death,) then gave him a plenary remiffion of all his fins, efpetially having that fair advantage of time, to bee Corde contritus et ore confeffus, repentant in heart and his fins acknowledged with his own mouth ; 2£>ut I may not prefumptuoufly looke into this fecret cabinet ; But doubtles this lord fo much relyed upon the efficacy of this papal grace, That the prints 214 Cfje Hibeg of t|)e 2BerneIepg 1506 prints of his Almfdeeds and other works of piety are found to be fewer then of moft of his Anceftors. Che lord Sands, (ftiled in his will his entirely beloved freind,) was prefent at his death, to whom hee bequeathed ffive hundred marks to purchafe lands to the ufe of the faid Humphry Berkeley his baftard fon and his heires, to whofe rule and cuftody hee comitted him : 3lnb this is the firft and laft bafe child in all the genera tions of this ancient family of the Berkeleys, or of their branches, which I have obferved in the fpace of five hundred and fifty years ; whofe pofterity ended in himfelf ; Baftard flipps feldome take deepe rootes. Inq: in com. Hunting : Warr : Leic1: Glouc^ Suffex : 16. H. 8. in Cane : Chi£ lord dyed the 1 2th of September, the feaft day of the exaltation of the holy croffe, Anno . 1523 . in the fifteenth year of king Henry the 8* the Autumnall equinoctiall day ; A day wherein all creatures of the Earth beheld the fun, and hee the funs creator ; then of the age of fifty five years or neare thereabouts, whereof hee had been lord in ftile and reputation from the death of his father almoft feaventeen years ; but re vera, really, fince his calling to the ftate of Baron by the writt of Henry the 8* not halfe one yeare ; Chen whom amongft his generations none more wife and prudent, a foldier, Courtier, and great houfe keeper ; neither any man more loving to his brothers and fifters and their children, which in life and death hee cherifhed and provided for, as a naturall father. Inq : in Com. Hunt : 16. H. 8. 662 3lltb for his fervants, befides the Anuities before mentioned and many other by mee omitted, and befides, thofe that time hath hidden from my finding, let this Inftance of bounty to Thomas Try his follicitor, in his perticuler, fpeake for many ; who out of ffenyftanton in the County of Huntington | had an Anuity of Twenty marks p anil for his life. Inq : prdict : 3U#0 a leafe of certaine pafture grounds called Sart feild and the hermitage, in Auconbury in the fame county, for 3 1 years at nyne pounds rent, worth at this day — 200!' p Anil. Inq : in com %l$a a leafe of the manor of Afpele in Warrwickfhire for one and forty years, Warr : 16. E 8. ~ ' , f . r J J at I en pound rent, of a great value. Volunt: 15. H. 8. %l$tt a leafe of the manor of Callowdon in the Countyes of the City of Coventry and Warrwick for his life, at 33H.- 8s; 4d rent, worth — 360" at this day. i523 Itife of Maurice the Sixty 215 511^0 other anuities out of other manors, of ten pound ; and — 61! 1 3? 4? for 4- cartae in caftro being his generall Suprvifor and governour of all his lands in England and Calais, comp^Rec7: &L. And fteward of many of his manors. And fome others. H- 7- ftm. et at. 5lfl which, like a provident man, (not knowing whether a new king after this Adts. 7. v : 18. lords death might arife that knew not Jofeph,) hee fortified by finding them in the offices after the death of this lord Maurice, which himfelf follicited : 3lnb furely hee was a wife diligent and trufty fervant, neare forty years, to fower difcents in this family ; whofe reciprocall bounties rayfed his eftate and reputation to bee of princi pall authority and in Commiffion of the peace in the Countie of the Citie of Coventry, and a fteward of great power in that Corporation ; And a wife Com- miffioner in many imployments for neere ten years before his death, which happened in the 36* yeare of king Henry the 8* #f whofe excellent Counfells given by a pen of fpirit to this lords brother and heire, I fhall after write in his life : 3lnb fhall alfo after that in the days of his grandchild, againe bring him to the Tell, whether hee continued of perfect mettall and faithfull to his end to this family or not ; till when I adjourne his further tryall, truth being the foule of this my hiftory : | Exodus : 1. v. 8. Che lanbg tohereof hee bpeb geijeb. JDere it not that I will conftantly purfue my former method unto the end of thefe relations, I would have here omitted this title, having formerly mentioned almoft all this lords lands perticulerly out of his Will and other conveyances, before mentioned ; But take them as in a table here together. 663 The manor of Tetbury, The manor of Sages, The manor of Daglingworth, Twenty-two marks rent in fframpton, Divers meffuages and lands in Thornbury, The 4* part of the manor of Brokenburrow with the Advowfon of the Chantry there, Divers lands in Tockington, Hempton, Al mondfbury, and Winterbourne, The manor of Bitton and Hannam, pur chafed by him of Robert Dormer, The manor of Mangottesfield purchafed by him of Rob? Dormer, In the County of Gloucr The 2l6 664 Che tribes of the S&er&elepg The manor of Aylmington, purchafed" by 1506 him of Wittm Huffy, In the County of Gloucr The manor of Upton S? Leonards in the County of the City of Glouc? The manor of Hovingham in the County of Yorke. The manor of Bretby, The manor of Linton, The manor of Coton, The manor of Repington, The manor of Roftlafton, The manor of Melton Mowbray, The manor of Coldaverton, The manor Segrave, The manor of Witherly, The manor of Sileby, The manor of Mountforrell, The manor of Dalby Chawcomb, The hundred of Goftcote, The advowfons of Coldvton, Segrave, Howly Kegworth, and Sutton Bonny ng- ton, | The Advowfons of the Abbathies of Crox- ton, Combe, and Burton Lazers, The manor of Thurlafton, The manor of fflekenhoe, The manor of Afpele, - In the County of Derby. In the County of Leicefter. r In the County of Leicefter. In the County of Warrwicke. The manor of Callowdon, in the Counties of the Citie of Coventry and Warrwicke. The manor of Auconbury, The manor of Wefton, The manor of ffenyftanton, The manor of Hilton, The manor of Guiherne and Murrowe, ¦ In the County of Huntington. The 1523 3Ufe of 0£aurite tye Sixty The manor of Maningford Brufe in the county of Wilts. 217 The manor of Hinton, The manor of Kenet and Kentford, The manors of Bofham and Buckfold, The manor of Thorney, The manor of ffuntington, The manor and Parke of Bewbufh, In the counties of Cambridge and Norfolke. In the County of Suffex. ffifteen houfes and tofts and 4 gardens in Calais. A Meffuage in Berkeley. ffower pounds rent out of Bromly in Surrey. $111 tufftch, (then of the value of— 12071! 7s. 6? in old rent,) difcended upon the lord Thomas his brother and heire, then ififty years old and upwards, as by feverall Inquificons the next year after his death returned into the Chancery appeareth ; wherein moft of the Recoveries, Fynes, feoffments, and other affurances formerly mentioned, are found. (for which the faid lord Thomas fued his fpeciall Livery the fame Yeare, not withftanding the not finding of any Office, or not probate of his age. Che refidue, not found in this lift but mentioned in the life of his father to have difcended upon him, as Winge, Bedford, &c were either eftated upon this lords brothers, or by him fold or exchanged, as hath before in part appeared. | Comp : Rec : 13. 14. H. 8. in caftr de Berk : Pafch : fines. 18. H. 8. rot. 5. in fcacio. pa: 17. H. 8. cum rem regis in fcacio. Hill : 16. H. 8. rot. 29. in fcacio cum rein thefaur. Pat. 10. ffebr: 16. H. 8. ps. 1. in Cane. Trin. rec. in fcacio 23. H. 8. rot. 19. Claus : 7. H. 8. in cancell. Che amplication anb u#e of hig Eife. 665 1. CJje imitable practice of this lord invites his pofterity not to deferre the fetting of their eftates till old age or ficknes ; And alfo to leave behind them a tefti mony of care and confcience, That neither kinfmen nor ferv'.5, rewarded for their well defervings, be molefted ; 3lnb to confider, as this lord did, That a new king Exod: 1. v. i may arife that knew not Jofeph. 3finb alfo to provide, as this prudent lord did, That his tenants bee not difquieted in thofe eftates which they have bought and paid for, leaft the cry of violence or oppreffion, (however dawbed with the colour of 2 F VOL. II 3\ S\ 218 Che ftibeg of the 2&erjtdep0 1506 of the lawes,) drawe from heaven the difpleafure of that God, that will reward each one according to their moft fecret workings and intentions. 2. 2lgaine, this lord, to all elder brothers in the generations of this family that have noe children of their own bodies, becomes a prefident, That brothers and collaterall kindred fhould bee to them inftead of children, and as dearly cherifhed ; wherein this noble lord equalled the beft in his generations. 3. 31 gaine, it was not foe truly faid of Uliffes, That having been ten years abfent the fmoke of his own country Ithaca was fweeter to him then the fire of any other, As it may of this lord Maurice ; ffor, though all his faireft poffeffions did lye in other Counties, where alfo hee had better feats and fweeter aire ; Yet, out of an inbred affection and memory of the place where his father and all his forefathers were born, bred, flourifhed, and buryed, hee allways aimed his endevors to become a Gloucefterfhire man, and to bee a ftranger in all other counties ; As his purchafes of Yate, Bitton, Mangottsfeild, Elmyngton, and other lands do manifeft ; And his father and himfelf having now been thrice ten yeares out of the poffeffion of Berke ley, hee never ceafed to follicite the king for a reftitution, at what rate fo ever, As being out of the proper fpheare where his ancient honor dwelled ; but dying in the purfuite thereof, though thrice ten yeares more expired before that Caftle with her members reverted, as in the life of the lord Henry will bee delivered, Yet his pofterity ftill held themfelves till that time faft unto their County, where they lived with ample honor and command, as by the lives that follow will appeare. 3ln& it will bee manifeft to him that duely confiders of thefe relations, that the lives of fuch of this family as have eftranged themfelves from this County have leffe profpered 666 in their eftates ; And how the fame may bee ve | rified hereafter, let the life of the lord George and his pofterity become further wittneffes. SMj»p application hereupon is, That fith few or none can in thefe days bee of remarkable honor and eftimation in many counties at once, or where noe former memoriall or footfteps have been of their forefathers, That this Berkeleian family fhould ever profeffe themfelves natives of this County, as the proper Orbe of their ancienteft poffeffions, and wherein the greater half of the gentry are their kinfmen and allies ; «_£ut efpetially not to fpend their days in London, or in the Court, which none of their forefathers have done !,fave the Marques Berkeley who thereby wafted all ; And to make a lord Berkeley 'any other then a Gloucefterfhire man is to turne him from his ancient honor eftima tion and Inheritance : 3ff any others otherwife conceive, I hold them Ignorant of the ways and antiquity of this ancient family. Liberavi animam meam. 4. %atne. 1523 &*k °f Maurice tyz £iith 219 4. Againe, the awe and reverence borne towards this lord, efpecially with the Clergy, hath in nothing more clearly fhined, then that fewe or none of the Abbots Pryors or other heads of thofe religious monafteries whereof hee was founder by difcent from his anceftors, made any leafes to their farmors or tenants but that hee was made acquainted therewith and a party to the fame, and therein mentioned, That fuch leafes were made by his affent, being their patron ; whereof I have in the firft ten years of king henry the 81* feen many. A fpeciall obfervation of his greatnes and of the refpedt hee carryed with thefe monafticall governors ; By whom hee was allwaies received into their houfes by proceffions cenfing and other rights belonging to a founder. 5. 3lnb Laftly, noe obfervation can bee more honeft and ufefull to this family then the prefident of this prudent lords care and courfe taken for the true payment of his debts owing at his death ; Wherein to the honor and due memoriall of him And of this family in twenty generations, I have not obferved, (heaven is my witnes,) that any man or woman have juftly complained and gone away unfatisfied, or had caufe to fay of any of them, Thy duft is my debtor for a penny. | IS } bl-k @l)t Cite of @homa0 tlje Jiftr, Che life of Thomas Lord Berkeley the fifth of that name, ftiled in Writings after his brothers death, Sir Thomas Berkeley knight lord Berkeley, 5lnb Thomas Berkeley knight lord Berkeley Mowbray and Segrave. 3lnb was proavus, or as our Anceftors the Saxons called, fortha - fader ; And wee at this day great - great - grand father, or the grandfathers grandfather to George now lord Berkeley. 3lnb may bee called Thomas the Sheepmafter. Contemporary with Henry the 8* from 1523. till 1532. Che Life of this lord, I deliver under thefe eleaven titles,, viz1. 669 1. — 1$i$ birth and manner of education, fol : 2. — ffrig fmployment in warre and" peace . fol : 3. — $ijS? Almes and devotions ; fol : 4. — ^ig fale of lands, fol : 5. — 1$i$ Hufbandries, fol : 6. — J^ijsf wives, fol : 676. 7— ^i£ iffue, fol : 677. 8. — J^iief feales of Armes, fol : 686. 9. — 1$i& death and place of buriall, fol : 687. 10. — JjJijBf lands whereof hee dyed" feized, fol : 691, 1 1. — Che application and ufe of his life, fol : 692. 669 $i£ 25irth anb <£bucation. yp_prr Inq. 16. H. 8. in 7\H$ Inquificons found after the death of this lords elder brother declare his div's : Com. poft • ^^^ birth to bee about the 12* year of king Edward the fourth, Anno . 1472 . Berkley. what time and for many years after, his father lived | at Thornbury, where 670 during his pupillage this lords education was, in that populous market town : 21nb as affaires then ftood with his parents, his inftruction and practice more bowed towards 222 Che Hibejgf of the 25erftefcp0 1523 towards a country life, befitting a younger brothers younger fon, then for the Court or greatnes, as the fequell of his life declared : And to render this lord that honor able mention which hee deferves, Hee, for the moft part of his elder brothers life, both before hee went to dwell at Hovingham in York fhire and after his thence returne to the keeping of Berkeley Caftle, was a perfect Cotfwold fheppard, living a kind of graziers life, having his flocks of Sheep fommering in one place and wintering in other places, as hee obferved the feilds and paftures to bee found, and could bargaine beft cheape. 3lnb the better to bee his own Auditor, hee kept a Liber in caftro de book of his own hand writing, of all his receipts and payments gaines and loffes C m iBe*ClH toucmng thofe flocks : during which time hee fold his wooll ufually for. 12L 81 the todd : 5lnb this kind of hufbandry in thefe his daies of a younger brother became to him foe habituate, That when hee was a baron and a great hous keeper at Yate after the death of his fifter in lawe his elder brothers wife, hee obferved the like order of Accompts keeping with his own hand for all his receipts, houfhold Ex- pences, and buildings : knowing what happines that houfholder brings to himfelf and family, that with the morning faith to himfelfe, as the page was appointed to fay to the king of Perfia, Arife Sir, and take order for your affaires : 8. in caftf de Berkley. Comp: 18. 19. 29. H. 8. in caftro de Berkeley. 5lntl as a further fru'ite of this lords prudence and frugallity, hee upon the death of his elder brother, fojourned with his wife children and family with his brother in lawe Jn° Arnold at Hynam by Glouc, the fooner to recover his eftate, furnifh his houfes, and get before hand ; at what time a great part of his land was in Joynture to his brothers widowe, and in feoffees hands for payment of his brothers debts and performance of his Will : A confiderable prefident for pofterity, which his fon and' grandchild immitated, as in their lives appeares. cartae in caftro de Berkeley. 671 % -wV 3ln the twentieth year of king Henry the feaventh, then in the 31* year of his age, hee married Alienor the widow of John Ingleby Efq^, what time and fhortly after, his father and elder brother conveyed to him the man" of Hovingham in Yorkfhire, Sages, and Upton S' Leonards, and their lands in Thornbury, and in fome other places in Gloucefterfhire, and the manor of Hinton in Cambridgefhire. 2$Ut the next year after his fathers death, hee for eight hundred marks fold away the manor of Hinton to Robert ffewrother a Goldfmith | of London and cove nants it to bee — 321! pfann old rent : 31 CataH jortune that hath befallen this noble family for the fix Jaft generations to enter upon their inheritance with a fale of part thereof, as after more fully will appear. Slbout /--^\ 1532 Hife of Choma^ the fifth 223 3Ub0Ut a year after that hee and his wife were fetled in Hovingham, (fhee then Carta : 1508. 23. either great with child or newly delivered of her fon Thomas) they went in a kind Berkel™ ° of Pilgrimage to vifit divers religious houfes ; And amongft others thofe at Yorke, c°mp: h°fpi£ :. "* where in recompence of their great bounty beftowed on the Covent of the ffryars mynors, fryar William the guardian thereof beftowed on them celeftiall prayers and bleffings, and by his deed granted unto them perpetuall. participation of all their maffes, prayers, failings, afperities, watchings, preachings, and: of all other good things there done under his government, afwell in life as after their deaths; Adding alfo of his fpeciall grace, (the words of the Deed,) That when notice of their deaths fhall bee given to their Chapiter, the fame recomendations fhall bee made to God for them that is done for their own brethren newly departed the world. 3n the 18* of king Henry the 8* the warden of the fryars Mynors in Glouc. Carta : 22. Marcij and his covent, did by their deed covenant with the lord Thomas and in their de Berkeley. confciences bind themfelves thenceforth, to fay during the life of the faid lord, for the foules of his father and mother, and for the foule of his brother Maurice late lord, and of Katharine late wife of the faid brother, and for the foules of himfelfe and of Alienor and Cicely his wives, and for all chriftian foules, thefe divine fervices ; viz! Every munday placebo and derige with nine leffons, And every teufday one maffe of requiem, And every thurfday placebo and derige with nine leffons, And every fryday a maffe of the five wounds, with the collect deus qui juftificas impium ; for which this lord doth covenant to pay to them fower pounds by the yeare, The one half for the warden, and the other halfe for the pitances of the Covent to amend their fare. #n the back of which deed one with a hand of fomewhat a later time hath written thefe words ; % f the Clergy could fell and make perfect fale of the remiffion k'f, of fins with affurance of the life to come, for money, they fhould fhortly have more coyne then the king ; And 41! was too little for all thefe prayers ; but cafuall ware [_ is fold good cheap ; God pardon us all, Chu0 the dorfe of the deed. 3(n the firft year of the raigne of King Henry y° 8* this lord had from the Pat- Ut tnis fuite, (whereto this lord was noe party,) fets out his hufbandly courfe of life, which is the end I Vouch it for. ty\$ toibej*. Chijf lord Thomas in the twentyeth of king Henry the 7I1 not two years before carta in caftro de- his fathers death, maryed Alienor the daughter of S': Marmaduke Coneftable of Berkeley- Yorkefhire, 2 g 2 228 Che tubes' of the 2&erfetfep0 1523 Yorkefhire, knight, then the widow of John Ingleby Efqr, fon and heir of Sr William Ingleby knight, by whome fhee had iffue a fon called Wittm Ingleby ; whofe ward- Carto. 14. Maij. fhip of body and lands, this Thomas and Alienor the 14* of May in the third year "'^de Berkek0 of the BifhoPs tranflation, bought of the Bifhop of Durham,1 of whom the fame were holden by knights fervice : <©f which William is an honorable pofterity with opulent poffeffions, flourifhing at this day. Carta 5. H. 7. in ^be Joynture which this Alienor had for her life from her firft hufband, was the caft? de Berley. manor of Spridlington in Lincolnfhire, and divers meffuages and lands in Rowcliffe, Skelton, and Eftharleifey, in Yorkfhire, affured to her upon her firft marriage in the 5* of Henry the feaventh ; whereby I conceive fhee was fomewhat elder than this lord her fecond hufband : 3lnb for her fecond Joynture upon this her fecond marriage . . with the lord Thomas, had affured to her the manor of Hovingham in Yorkfhire, Rec: mien: terme: _ ° 24. H. 7. rot. 327. (where fhee and this lord her fecond hufband lived the moft part of the firft twelve rot. claus: in cane: yeares after their Marriage,) And the manors of Sages and Upton S' Leonards in Gloucefterfhire, with fome other lands. carta in caftro de 3lnb the better to enable this younger brother for fuch a wife, his father and elder Berkeley, brother conveyed to him and the heires males of his body the faid manors of Hovingham, Sages, and Upton S? Leonards, and all their lands in Thornbury ; And the manor of Hinton in Cambridge Shire ; Some of which by new agreements were after reconveyed to the faid Maurice his elder brother. | g«« Chio" Alienor was a mild and vertuous lady, taking great care for the education and marriage of thofe two fons and two daughters of whom this fecond marriage had made her yl mother, as by divers tres and muniments in Berkeley Caftle may bee collected ; ©otubrit before fhee could fee thofe works performed, fhee left her bleffing to them, and her foule to God, in the 17* yeare of king Henry the 8* having been baronefs near two years ; And lyeth buried in the monaftery of S5 Auguftines by , . r, 1 Briftoll, to whofe fide her hufbands body was after brought, as followeth. Volunt: 24. H. 8. ^be fecond wife of this lord was Cicely the widow of Richard Rowdon of 3. carta in caftro Gloucefter, Efq! and daughter and coheir of whom hee de Berkeley. married in the 18* of Henry the 8*; And whom againe after fix years hee left a widdow, with her own eftate fhee brought, And the manors of ffenyftanton, Mich:rec:38.H8. Hilton, Auconbury, Wefton, Guiherne, Charters and Murrow, Bitton, and Upton S' rot. 25. cum rem: Leonards, 1 William Sever, who was tranflated from Carlifle in 1502. [Ed.] 1532 Hife of Chomag the fifth 229 Leonards, in recompence of her Joynture and dower by him ; which within fower months after her hufbands death, fhee affigned to his fon and heire for the yearly carta in caftro de rent of 1421! 061 8? which was paid her till the laft of Queen Mary, when fhee Berkeley- dyed at Briftoll, where fhee lyeth buryed ; And for her continuall abode there was Divers: compi called my lady Cicely of Briftoll. miniftr in caftro de Berkel : 23p which later marriage of this lord hee hemmed in ffrances one of the two daughters and coheirs of the faid Richard Rowdon to bee wife to Maurice Berkeley his fecond fon, as followeth ; (the other called Katharine being after married to Wittm Read,) which alliance was partly the caufe why this lady Cicely took part with the faid Maurice in the unkind fuites w"?1 his elder brother the lord Thomas, and after him the lady Anne his widowe, preffed againft him, as after is related. 5lnb it is truly faid, That thefe two ladies Alienor and Cicely were the laft wives to the lords of this family that have not had private ends for their own advantages upon their hufbands affaires, and too often prevailed over them, As in the lives that follow to the end of this hiftory will appeare : 3lnb like to hold for one generation further. JS#g Wuz. Chig lord Thomas, by the lady Alienor his firft wife, had two fons Thomas and Maurice, and two daughters Miriell and Jone, Of whom in order. | 1. Choma£ the eldeft was lord after his father, whofe life followeth by the 678 name of Thomas the fixth. $r)aurife, the fecond fon, had by the conveyance and will of his father fetled upon him for his life, the manors of Dalby-Chawcombe, Mountforrell, Mangotsfeild, and other lands ; And the manor of Aylmington, to him and the heires males of his body : wherewith hee had fmall quiet, through the fuites that arofe about them between his elder brother and his widowe the lady Anne, as in their lives appeares. Chi£ Maurice married ffrances daughter and coheire of Richard Rowdon, Shee dyed. 4. Eliz: brother and heir of Walter, fons of John Rowdon, after remarried to Richard ' ng"~ Danvers, by whom alfo fhee had iffue remembred in the laft will of Thomas lord Berkeley her father in lawe with a chaine of gold and other legacyes,) by which ffrances this Maurice had two fons, and fower daughters, viz! <£btoarb mort Rowdon. Volunt: Thomaede Berkeley. 11. Jan: 24. H. 8. 230 Che £ibeg of the 25erfteiep£ ^23 €btDarb Berkeley of Bradley by Wotton, who marryed Elizabeth daugT, and heire of Brice Berkeley of Bradley, and died without iffue, and is buryed in the Chappie of Berkeley Church with this infcription, ®ZXZ lyeth the Body of Edward Anno 19. Eliz: Berkeley Efqr, who deceafed the, 23* of March : Anno Doin : 1576. Maurice younger brother of the faid Edward dyed alfo without iffue. Matthewe. ffrances their elder fifter was married to George Matthew, who had iffue Thomas Mathewe, who by Judith his wife daugh? of Henry Towenfend of Oldbury hath left iffue, Richard Mathewe that now is, Anno . 1628. And lyeth buryed in Portbury Church, with this miftaken infcription upon his tombe, Here lieth the body of Thomas Mathewe, gent : and cozen germane to the Lord Berkeley, who departed this life the 14'!* day of Decern1: 161 5. For hee was in the third difcent, And George now lord Berkeley (in whofe time hee dyed) in the fourth difcent from this lord Thomas, their common Aunceftor. Morris. Alienor, their fecond fifter was maryed to John Morris, who had iffue Mary fince dead without iffue : 3I3S alfo is another fifter of the faid Alienor, married to Clifford. James Clifford of fframpton, who lived not longe togeather, before death took her away without iffue. Weftley. Anne the fourth fifter was marryed to Leonard Weftley, who had iffue ffrancis Weftley borne after the death of his father, now of Cromhall in the hundred of Berkeley ; who by Anne his wife daughter of William Trotman of Wotton hath iffue Henry, now attendant upon George lord Berkeley ; And after, the faid Anne Rowdon. was remarried to Anthoney Rowdon of Bromyard in the county of Hereford ; by whom fhee had iffue Richard, ffrancis, Ifaacke, and Dorothy Rowdon - Which faid Richard Rowdon, hath iffue EdwarcL ffrancis, John, and Awdry ; And the faid ffrancis brother of the faid Richard, hath iffue Thomas, ffrancis, and John. The faid Ifaack is lately dead without iffue ; And the faid Dorothy their fifter is lately Married to Mr Blunt of Wye in the County of Hereford ; And this Maurice fecond fon of this lord Thomas lyeth buryed in Temple Church by Briftoll, in a faire tomb, with his portraiture and Efchucheon of Armes thereupon ; as I am informed. 3. S&^iriefl eldeft daughter of this lord Thomas, was in the 18* yeare of king Throgm'ton of Henry the 8* maryed at Yate to Robert Throkmerton of Caughton in the County of aug on ¦^rar^ (after knight,) fon and heire of S' George Throckmerton and of Katharine his 1532 Eife of Chomag the fifth 231 his wife daughter of Nicholas lord Vaux ; Che marriage portion of Miriell was 750 marks, as by an Indenture containing many other covenants and agreements Carta: dat. io.Nov: appeareth ; And her Joynture, as the faid Indenture fheweth, was the manors of de Berkeley. Blacknonton in Worcefterfhire, and Birdbury in Warrwickfhire ; ffor payment of which marriage portion many acquittances remaine on a file in Berkeley Caftle : Where alfo it appeareth, That her wedding hofe and fhoes coft, 22"! Jbfycz was a Comp. Georg. lady of a fmall ftature, lived longe and vertuoufly ; And faw ere fhee dyed difcended i^rV6"11' from herfelf — 220 — perfons, as I have very credibly been informed, by fuch as undertook to recount them, Many of whom now follow ; UBhirh S' George Throk merton was fon of S* Robert, fon of Thomas, fon of John Throkmerton, who lived in the time of King Edward the third. Chi£ Miriell Berkeley and Robert had iffue between them Thomas Throg merton, Elizabeth, Mary, Emme, and Katharine, of whom in order. Che faid Thomas Throgmerton maryed Margaret daughter and heire of William Horwood, Atturney generall to king Henry the 8*?, by whom hee had iffue John, Miriell, Mary, Margaret, Elizabeth, and Elleanor. The faid John the fon of Thomas maryed Anne daughter of Thomas Wilford of Kent, who had iffue Robert, Margaret, Ellenor, Winefred, and two or three younger fons. The faid Robert firft married Dorothy daughter of S' ffrancis Fortefcue. ffortefcue of Buckinghamfhire, And fecondly married Anne daughter of S' ffrancis Smyth. Smyth of Leicefterfhire, by neither of whom hee had any iffue. Of the faid Margaret, Elleanor, Winifred, and the reft, I am not inabled to write. Myriell eldeft daughter of the faid Thomas Throgmerton and Margaret, fifter Berkeley of Stoke to the faid John, was marryed to Henry Berkeley of Stoke Gifford, of whofe iffue g^274' 275' fee before in the lives of Maurice the third, and of Maurice the fifth. Mary the fecond daughter of the faid Thomas Throgmerton and Margarett is not yet marryed. j Margaret third daughter of the faid Thomas Throgmton and Margaret was 680 married to Rice Griffin of Dingly in Northton™ who have iffue Edward, Nicholas, Griffin Thomas, and Lucey ; whereof the faid Edward hath maryed the daughter of M.'. Draycote of Staffordfhire, who have iffue, and the faid Nicholas hath married Jane daughter 232 Che Hibeg of the 2&erfeefep£ 1523 daughter of Mr Edmond Peers of Warwickfhire, who have iffue, Thomas and Lucey are not yet married. Elizabeth, the fourth daughter of the faid Thomas ThrogrSton and Margaret, Griffith was married to Sr. Henry Griffith of Wigmore in Shropfhire, who have iffue, Henry and Elizabeth; which Henry hath married one of the Coheires of Sr ffrancis Willoughby Willoughby, who have yet noe iffue: And the faid Elizabeth is married to Sr Boyton Matthew Boy ton of Yorkfhire, who have iffue, 161 8. Elleanor, the fifth and youngeft daughter of the faid Thomas ThrogrSton and Jermingham. Margaret, was married to S? Henry Jerningham of Coffy in Norfolke, who have iffue John, William, Thomas, Katharine, and Elizabeth. The faid John maried Mary daughter of Sf ffrancis Moore of ffawley in Berk- Saunders. fhire, who have iffue Henry, The faid Katharine is maryed to Francis Sanders of Shankton in Leicefterfhire, Efquire. And the faid Thomas and Elizabeth are not yet maryed The faid William is (Anno 1624) maryed to Mary the widow of Mf John Younge. Che faid Elizabeth eldeft daughter of Miriell Berkeley and fifter of the faid Goodwyn. Thomas Throgmton, was marryed to ST. John Goodwyn knight of Winchington in Buckinghamfhire, who had iffue two fons ; John, who by Anne his wife daughter of Stukeley. S' John Baker of Kent have iffue a daughter marryed to ST Thomas Stukeley, between whom are divers children now living. 1618. And ffrancis Goodwyn knight, brother of the faid John, who by the daughter of Arthur lord Gray, hath iffue Arthur, and Edward who is dead without iffue, and one daughter. , And the faid Arthur by Jane his wife fecond daughter of S' Richard Wayneman of Tame Parke in Oxfordfhire hath iffue a daughter : And the faid Elmes. filler of Arthur Goodwyn, is marryed to William Elmes of Greenfnorton in the County of Northampton EfqT 1618. Che faid Mary, fecond daughter of the faid Miriell Berkeley and Robert Arden. Throgmton, was maryed to Edward Arden of Parkhall in the County of Warrwicke Efquire, i532 Htfe of Chomag tyz fifth 233 Efquire, by whom fhee had iffue Robert, Katharine, Margaret, Myriell, Mary, and Elizabeth, who are married as followeth. The faid Robert Arden by Elizabeth his wife, daughter of Reignold Corbett, | a Judge of the kings bench, hath iffue ST Henry Arden, and Anne Arden ; which 681 ST Henry Arden by Dorothy his wife daughter of Bafill ffeilding of Newenham in the county of Warrwick Eftjj, hath iffue, Robert, Elizabeth, Judith, Dorothy and Anne : And the faid Anne Arden was maryed to Walter fferrars EfqT fecond brother Ferrars. to Sr John fferrars of Tamworth caftle, who have iffue, John, Walter, and Dorothy. The faid Katharine Arden fifter of the faid Robert, was married to Sr Edward Deveraux of Caftle Bromwich in Warrwickfhire, Baronet, who have iffue, Walter, Deveraux. William, George, Henry, Edward, Margaret, Anne, Howarda, and Grace ; of whom, William, Henry and Edward are dead without iffue. The faid Margaret is maried to ST Hugh Wrothefly of Staffordfhire ; And Anne is maryed to Mr Leighton of Wrothefley Shropfhire ; And Howarda is maried to Thomas Dilke of Maxtock caftle in Dilke. Warrwickfhf; And the faid Walter Deverox the eldeft fon maryed Elizabeth daughter of Thomas Knightley of Prefton, in Northhamptonfhire Efquire, who have iffue Effex, Leicefter, Katharine, Walter, Edward and John Deverox. Margaret Arden another fifter of the faid Robert was firft maryed to John Somerfeild, who was attainted of Treafon in the 25* of Queen Elizabeth, by whom Somerfeild. fhee had iffue "Margaret and Elizabeth ; And fecondly to one De la hay. De la hay. Myriell Arden another fifter of the faid Robert, was maryed to William Charnells, who have iffue Edward, Robert, Godfrey, Anne, Myriell, and ffrances Charnells. Charnells. Mary Arden another fifter of the faid Robert, was maryed to ffrancis Wafery Wafery. of London. And Elizabeth Arden the youngeft fifter of the faid Robert was married to Shugburrow. Simon Shugborrow of Shugborrow in Warrwickfhire, who have iffue, George flaine at the Ifle of Ree, and two daughters. Che faid Emme another daughter of the faid Myriell Berkeley and Robert Throgmton was marryed to Ralph Shelden of Beoly in the County of Warwicke, by 2 H VOL. II 234 Che Xibejf of the 2&erfcelep£ 1523 Sheldon by whom fhee had iffue Edward Sheldon, Elizabeth, Mary, Myriell, Margaret, Katharine, Phillipa, and Jone. The faid Edward Sheldon by Elizabeth his wife, daughter of Thomas Markam EfqT hath iffue William, who hath maryed Elizabeth daughter of William lord Peter, Ralph, unmarried, Edward Sheldon maryed to Anne fifter of Thomas Morgan of Wefton, EfqT, Frances, Anne and Jone ; which Anne is maryed to Henry Lucey. Lucy of Pinchburge in the County of Hartford EfqT, And the faid Jone is maryed Apleton. to ST Henry Appleton of South benfleet in the County of Effex, Baronett, who have iffue, Henry, Anne, and Mary, 1630. The faid Elizabeth Sheldon fifter of the faid Edw? is married to ST John Ruffell. Ruffell knight, who have iffue ST Thomas Ruffell knight. | 682 The faid Miriell Sheldon an other fifter of the faid Edward is maryed to ST Clare ffrancis Clare of Worcefterfhire, knight. The faid Margaret Sheldon another fifter of the faid Edward is maryed to Standen William Standen of Berkfhire, EfqT The faid Mary Sheldon, another fifter of the faid Edward is maryed to John fflower fflower of Hambleton in the county of Rutland EfqT The faid Katharine Sheldon another fifter of the faid Edward is maryed to Trentan ffrancis Trenton of Roceter in the county of Stafford EfqT The faid Phillippa Sheldon another fifter of the faid Edward is maryed to ST Sulliard John Sulliard of Wetherden in Kent. And the faid Jone Sheldon another fifter of the faid Edward is maryed at Andwerpe beyond feas. Che faid Katharine, fourth daughter of the faid Myriell Berkeley and Robert Norwood. Throgmton, was marryed to Henry Norwood of Leckhampton in GloceftT fhire EfqT, by whom fhee had iffue William and Jane. fee fol: 631. The faid William Norwood, (who yet liveth, 1628,) by Elizabeth his wife daughter of William Ligon EfqT had iffue Richard, William, Henry, Raph, Thomas, Maurice, Elleanor and Elizabeth. The 1532 ttife of Chomas' the fifth 235 The faid Richard Norwood fon of William, by Elizabeth his wife daughter of Nicholas Stuard Doctor of the civill lawe, hath iffue, Auguftine, ffrancis, John, William, Richard, Edward, Thomas, Elleanor, and Dorothy, A° 161 8. William Norwood brother of Richard, is dead without iffue. Henry the third brother of Richard, by Elizabeth his wife daughter of Sr John Rodney hath iffue, Charles, Henry, and Jane, that now are, A? 161 8. Raph the 4^ brother of Richard, liveth a fouldier in the low Countryes. Anno. 1618. Thomas the fifth brother of Richard, hath yet noe iffue. Maurice the fixth brother of Richard, is dead without iffue. The faid Elleanor fifter of the faid Richard Norwood, was maryed to George Blunt of Sellington in the county of Worcefter EfqT, by whom fhee hath iffue, Blunt. Walter, ffrancis, George, Elizabeth, and Elleanor. And the faid Elizabeth, the other fifter of the faid Richard Norwood, was maryed to Richard Moore EfqT, by whom fhee had iffue divers children. Moore. The faid Jane, fifter of the faid William Norwood, was maryed to Mr Bracebridge ; who hath noe iffue. Bracebridge. 4. 3I°hr Berkeley youngeft daughter of this lord Thomas, was on Midfommer day in the nineteenth year of king Henry the 8'f1 maryed at Yate, her fathers houfe, to Nicholas Poynz, (after knight,) fon and heir of ST Anthoney Poyntz of Acton. p0ynz: knight, whofe marriage portion was fix hundred marks, whereof one hundred pounds at the marriage, and one hundred marks each year after ; wherein the agreements were further, Chat if Nicholas dyed before the marriage, then fhee to be marryed script : dat: 20 : to his brother Giles Povnz : Each father at his own charge to apparell his own JumJ I9- H- 8- ™ iMi 1 papiro in caftro de child after his degree : The charges of the wedding diet to be equally borne by Berkeley. either party: Her Joynture to bee — io6'l- 13?- 4d: by the year in land; And 280'!- land by the year to bee by ST Anthony fettled upon the faid Nicholas and the heires males of his body ; If Jone dyed, then all payments to ceafe then unpaid ; If by the 2 h 2 2 36 Che Hibeg of the s&erftelepg 1523 the death of his fons this lords inheritance fhould difcend upon this Jone and her fifter, Then Sr Anthony to repay fo much of the portion as hee had received, and one thoufand pound more in lieu of that difcent ; And if her fifter Myriell dye without iffue, whereby Jone becometh fole daughter and heire, Then ST Anthony to pay . 20001'.- and repay the 600 marks alfo : If differences arife, The fame to bee referred to Thomas then Duke of Norfolke : for performance of thefe agreements, Sr Anthony gave his flatute of iooo1'.- with fureties ; And the faid lord his bond of five hundred pounds : 3@hat fruite fprange from thefe two plants thus conjoyned, obferve in the vintage now following : {for the faid Jone and Nicholas had iffue 1 Sr Nicholas, 2 ffrancis, 3 Edmond, 4 Anthony, 5 William, 6 John, 7 Anne, 8 Jane, and 9 ffrances, of each of whom in order : 5lnb this ST Nicholas dyed in the third and fourth years of Phillip and Mary, And Jone furvived, and was in her Elder years marryed to ST Edward Dyer, and dyed in the fixth of Queen Elizabeth. 1. Che faid ST Nicholas Poynz fon of the faid Jone and Sr Nicholas, by Anne his firft wife, daughter of ST Raph Varney, had iffue Sr John Poynz knight yet liv ing, and Mary, Anno, 1628. The faid ST John Poynz by Elizabeth his wife daughter of Alexander Sydnam Efq,,, had iffue Robert Poynz a knight of the Bath, who by ffrances his wife, daughter and coheir of Jervais Gybbon, Efqr, hath iffue Grefill and Margarett, that now are, 1628 ; Enjoying the quiet contentment of a peacefull country life at Acton in the County of Glouc, the Auncient feat of his Anceftors fince ST Nicholas Poynz in the time of king Edward the firft marryed Mawd the daughter and heir of ST John Acton to his fecond wife, of whom the faid ST Robert is lineally difcended. 684 And the faid Mary, fifter of the faid ST John Poynz, was firft married | to ffrancis Codrington of fframpton upon Seaverne, by whom fhee had iffue Margaret, firft maried to Edward Bramidge, by whom fhee had iffue Ifaack, Mary, and Rebecca ; And fecon[d]ly to John Sydnam, by whom fhee had iffue three daughters, vizT Anne maryed to John Poynz of Surrey Efqr, by whom is iffue ; And Urfula maryed to Richard Molinieux EfqT by whom alfo is iffue ; And Elizabeth marryed to Poynz Mill of Harfcombe, by whom alfo is iffue. 3lnb the faid Sr Nicholas Poynz by Margaret his fecond wife, daughter of Edward Stanley, Earle of Darby, had iffue Edward, Hugh, and Robert, yet living. 1618. 2. Che 1532 Hife of Chomag the fifth 237 2. CJje faid ffrancis fon of Jone Berkeley, by [Ann] the daughter and heire of [ . . . Stawker1] had iffue Jone, marryed to John Wykes of Doddington, by Wikes. whom is much iffue difperfed in feverall Counties. 3. 4. 5. 6. The faid Edmond John Anthony and William fower fons of the faid Jone Berkeley are dead without iffue. Che faid Anne Poynz daughter of the faid Jone Berkeley was marryed to ST Thomas Heneage knight, of Cophall in the County of Effex, vicechamberlaine to Queen Elizabeth and of her privy counfell, who dyed, 1 592 . leaving iffue Elizabeth only, maryed to ST Moyle ffinch knT, and Baronet, by whom fhee hath iffue eight fons and four daughters, as followe ; 3lnb furviving her hufband, was in her widow hood created by king James, Vicounteffe Maidftone ; And after by king Charles, Counteffe of Winchelfey, with qualification to all her children to precede as the children of Earles ; Of which eight fons four are dead without iffue, as alfo two of the faid fower daughters ; The reft have iffue, as followeth, viz', 1. Thomas the eldeft fon is Earle of Winchelfey, and hath iffue Heneage Finch vicount Maidftone, John ffinch, William ffinch, ffrances married to Sr William Strickland of Bointon in Yorkfhire, between whom is iffue Thomas Strickland : Other 4 daughters of the faid Earle, viz', Anne, Cecill, Diana, and Katharine, are yet unmarryed, Anno, 1635. 2. John ffinch, fecond fon of the faid Counteffe Elizabeth, married Anne daughter of Mr Walker, and left iffue now livinge, John, and William. 3. Heneage ffinch, third fon to the faid Countefs Elizabeth, knight and Recorder of the city of London, firft married ffrances daughter of Sr Robert Bell of Norfolk knight, by whom hee had iffue, Heneage, ffrancis, John, and Elizabeth marryed to the fon and heire of Sir Raph Maddefon of Lincolnfhire knT; And 2d.ly marryed the widow of Mr Bennet of Lond, by whom hee hath iffue left, ffrances and Anne. | 4. ffrancis ffinch 4* fon to the faid Countefs maryed Anne daughter and heire to 685 Mr Walter of Suffolk, by whom was iffue a fon and a daughter, who died younge. 5. Anne, 1 See Chancery Proceedings Queen Elizabeth, 16 Nov., 1590, William Hobbes of London, Yeoman, verfus Francis Poyntz, of Mowbray, Gent., and Ann his wife. [Ed.] 238 Che Hibes? of the 25erftefep£ 1523 Twifden. 5. Anne, eldeft daughter to the faid Countes, is married to ST William Twifden of Eaft Peckam in Kent, Baronett, who have iffue, Roger, Thomas, William, John, ffrancis, Elizabeth, and Anne ; Which Roger knight and Baronett, married Ifabella, daughter to Sr Nicholas Sander of Ewell in the County of Surrey knight: Cholmeley. And the faid Elizabeth is married to ST Hugh Cholmely of Whitbey in the county of Yorke, knight : And the faid Anne is married to Sr Chriftopher Yelverton in the County of Northton knight, who have iffue. 6. Katharine, fecond daughter to the faid Countes Elizabeth is married to Wentworth. ST John Wentworth of Gofefeild in the county of Effex, Baronett, who have iffue Ld Gray. Cecill married to William lord Gray of Warke in the county of Northumberland ; And Lucy Wentworth yet unmarried . 1634. 8. Che faid Jane daughter of the faid Jone Berkeley was married to John Seimor EfqT bafe fon of Edward Seimor Duke of Somerfet, by whom fhee had iffue Sir Thomas Seimor of fframpton Cotterell knight, Jane and one other daughter; Which Sr Thomas Seimor by Jane his firft wife daughter of Mr Webb, hath iffue John Seimor knight, Gabriell, Elizabeth, and Anne ; And by Anne his fecond wife, had iffue Edward, Elleanor dead without iffue, Jone married to John Afide, ffrances, Strickland. Anne, and Mary dead without iffue, and Elizabeth married to Sr Thomas Strickland of Yorkfhire knight, as followeth. The faid Sr John Seimor by Alice his firft wife daughter of William Pawlet EfqT, hath iffue Katharine, Agnes, and one other daughter : And by his fecond wife daughter of Mr Symes, hath iffue Thomas, and others. The faid Gabriel, brother of Sr John Seimor, by Katharine his wife daughter of Richard Cave of Briftoll hath iffue, Thomas, John and Mary. The faid Elizabeth, fifter of the faid Sr John Seimor, was married to Edw4 Watkins. Watkins of Bridgewater, who have iffue, Thomas, Elizabeth, and Anne. And the faid Anne, fifter of the faid Sr John and Gabriell, is marryed to Nuce. Thomas Nuce, who have iffue : Hee lately dead in Virginia ; fhee there yet living, Anno 16 18. The faid Jone, fifter of Sr John Seimor, was married to John Afide of Upton Cheyney his fecond wife, by whom fhee had iffue fower fons, and a daughter all dead without iffue. And 1532 %ik of Chomag the fifth 239 And the faid Elizabeth, youngeft daughter of the faid Sr Thomas Seimor, was married to Sr Thomas Strickland of Yorkfhire, who had iffue 4 fons all dead Strickland. w^out iffue, And Alice married to Sr Jn° Webb of London, kn! who have iffue. | Webb. 9. Che faid Frances daughter of the faid Jone Berkeley, was maryed to ST John 686 Berkeley of Beverfton caftle, knight, by whom fhee had iffue John Berkeley, Jone, Berkeley of Katharine and Margaret. Which John, by Mary his wife daughter of John Snell EfqT, had iffue, 1 Maurice, 2 John, 3 Henry, 4 William, 5 Edward, 6 Thomas, See fol : 375. 7 Mary, 8 ffrances, 9 Elizabeth, and 10 Anne. Whereof the faid Maurice, by Barbara his wife daughter of Sr Walter Longe, hath iffue Edw?; and others ; And the faid Mary his fifter is marryed to Edward Conway of Gloucefter fhire, The Conway. other eight are unmarryed . 1623. As alfo is Jone the eldeft fifter of the faid John Berkeley, leading a Nunnes life at Bruffells, beyond feas ; And now lady Abbeffe there. 1630. The faid Katharine, fecond fifter of the faid John Berkeley, by Thomas Symonds, a minifter, hath iffue Thomas, Anno . 1620. Simonds. And the faid Margaret the other fifter by Jefper Merricke of Berington, a Merricke. minifter, hath iffue, Sibill, Anno . 1620. / w# 240 Che Htbe£ of the S&erfeelepg 1523 ^ig Szalz$ of 3firmeg. Chi$ lord Thomas, a fewe years before his death, ufed (wherewith alfo hee fealed his laft will,) a great broad Seale fower inches diameter, with the Armes of Brotherton, Berkeley, Warren, Mowbray, Segrave, and Breoufe, quartered." The helmet for his creft with a lion paffant on the top thereof : And two lions for fupporters, circumfcribed, Sigillum Thome Dni de Berkeley, et Mowbray Segrawe militis. 687 Annis. 4. et. 5. H. 8. et. 8. et. 11. H. 8. Carta. 30. Nov. 1 8. H. 8. Carta. 1. Julij. 19. H. 8. in caftro de Berkeley. Carta. 9. Julij : 20. H. 8. et. 12. Nov : 20. H. 8. in caftro de Berkeley. Volunt : 28 Aprill 24. H. 8. in caftro de Berkeley. Trin. fin.: in fcacio 23. H. 8. rot : 19. 3lnb for his privy feale, A fmall lyon rampant. Behold the figures. | Jpi£ bcatb anb place of buriaH. Che lord Maurice elder brother to this lord Thomas, did by feverall Deeds, fynes, recoveries and other affurances at feverall times, eftate Judge Brudnell and others in all his manors formerly mention'd, To fuch ufes as before in his life hath been declared. |^0b) Katharine the widow of the faid lord Maurice being dead, as alfo the lady Elleanor the firft wife of this lord Thomas, And hee remarryed to the lady Cicely, And his fonns and daughters maryed, and ready to bee marryed, Hee now procures his brothers feoffees and Recoverors to grant over the fame to Thomas Earle of Surrey and twenty others to divers ufes : whereof Che manors of ffenyftanton, Hilton, Auconbury and Wefton in the county of Huntington : And Guyherne, Chatteryes, and Murrow in the county of Cam bridge ; And Bitton and Upton ST Leonards, called Grove court, in the county of Glouc. ; To the ufe of the lady Cicely his wife for her life, in recompence of all dower and Joynture that fhee any ways might claime, And after her death, to his fon Thomas in taile, with many remainders over, to his other fon, daughters and neeces : 3lnb the manors of Dalby Chaucomb, and Mountforrell in the County of Leicefter, And the manor of Mangottsfeild in the County of Glouc, To the ufe of Maurice his fecond fon for the terme of his life, the remainder to Thomas his eldeft fon in taile with like remainders over. 5lnb the manors of Melton Mowbray, Segrave, Sileby, and Coldoverton, and the hundred of Gofcote in the County of Leicefter ; and the manor of Sages in the County of Gloucefter, To the payment of his debts, and legacies, and performance of his will, And after to the ufe of Thomas his fon and heire in taile, with the like remainders over, and the manors of Tetbury and Daglingworth in the County of Gloucefter, To the ufe of Thomas his 1532 Htfe of Chomasf the fifth 241 his fonne and heire in tayle with like remainders over. 5lnb the Manors of Cotes, Thurneby, and Witherly, in the county of Leicefter ; The manors of Flekenhoe, Thurlafton, and Afpely, in the county of Warr, The manors of Bretby, Coton, Roftlafton, Repingdon, and Lynton, in the county of Derby, The manors of Bofham, ffuntington, and Thorney in the county of Suffex, and 14'!- rent going out of the man1? of Bromeley in Suffex, and Leigh in the county of Lincolne, Twenty Carta. 9. Julij. 20. two marks rent out of fframpton upon Seavern, and fower meffuages and 1 70 Acres **• ?• .m caftro de of Land in Thornbury, And the fourth part of the manor of Brok- 1 enbury in the 688 County of Glouc, To the ufe of himfelf and his heires, and to performe his will. 3£>p this will and other his deeds, hee gives thefe penfions and Anuities for the lives of the parties, his kinfmen, allies, fervants, and well deferving freinds, vizT Co John Arnold EfqT, his brother in lawe ; Ten pounds, whom hee made high Steward of all his Manors and lands in England. carta in caftro de Berkeley. Vol : 24. H. 8. in prdic"t. Carta. 4. Junij. 17. H. 8. in caftro de Berkeley. Co Thomas Lane, 51!.- To David Broke . 31!- To Thomas Hennege EfqT 4'!- To Henry Wefton . 4 marks. To Henry Wikes . 40? To Arthur Porter. 40? To Edward Chaple . 40? To Nicholas Arnold . 40? To Katharine Rowdon . 50'!- To Richard Arnold . 51!- To Richard Hawkins . 40? To Robert Coekes . 53L 4d To Maurice Denys, 40? To Margaret Denys, 40! To John Falkener . 40? To Edith Martin, 66? 8? To Bridget Paris, 2o'l- To Thomas Simonds, 20? To Matthewe Bucke . 20? To John Berkeley his unkle Thomas fon . ioi* w"*, (faith his will) hee is bound in confcience to fee him truly paid. Inq : 29. H. 8. poft mort Thome dom : Berkeley 5lnb by his faid will hee further gave, Ten pounds towards the amendment of the highwayes at Mangotesfeild, where hee then dwelt. And Twenty pounds towards the repaire of Keinfhams bridge fower miles off. And 100 markes towards the building of the high Altar at ST Auguftines by Briftoll. And Ten pounds towards the repairing of the Cloifter of the black ffryars in Briftoll ; And divers other like legacies to his houfhold fervants, to the feverall orders of fryars, poore prifoners in Goales in divers places, &c. 3lnb eight pound by the yeare for ten years to his godfon Thomas Harcourt preift, to finge and pray for his foule : And to buy veftments for Mangotesfeild church eight pounds. Che laft remembred was his eldeft fon, to whom hee gave all his Armour and parliament robes ; 3lnb of this Will hee made his three loving freinds, fitj James and Inglefeild Judges, his fore faid brother in law John Arnold, and Ciceley his wife, his Executors, to whom hee gave 2 1 vol. n 242 Che 1Ube£ of the 25eefeelep0 1523 gave ten pound each ; which fit3 James was alfo one of his elder brothers the lord Maurice his executors, as before hath been declared. 2. Kings. 20. 1. Vol : 28 Apr. 24. H. 8. in caftro Berkley. 689 Chu£ did this good and prudent lord Thomas followe the prophets counfell given to Ezekias, that pattern of Princes and their peeVes, by fetting his houfe in order, in Aprill in the 24th of king Henry the 8* knowing, not as Ezekias from the prophet Efay, That hee fhould then dye, and not live, but out of a wife and re ligious meditation of mans | mortality, his own old age, and the decaying conftitution of his body. 3fn January following hee takes his chamber in his houfe at Mangottesfeild, And the 11* of that month reviews his will and approves it, made in Aprill before, And Adds thereto a Codicell, wherein (amongft other things) hee takes order for Vol : 24 H. 8. prdt. his Tombe and funerall ; And then takes his bed and draws unto him company Comp : Sefili fitted for the longe journey hee was to take, the Abbot of ST Auguftines by Briftoll, h°fpide Berkfey0 the Abbot of Kingfwood, the Deane of Weftbury Colledge, the Doctor and pryor of the black ffryars in Briftoll, and fome other of the moft devout and learned divines of thofe parts ; And on wednefday the 22* of that January, Anno . 1532 . in the faid 24*.h year of king Henry the 8* in the midft of their prayers and bleffings, doth (as it were) clofe up his own eyes from the further fight of the tranfitories of this life, hereafter to fee with them God his creator and redeemer, and fuch things in his celeftiall paradife and third heaven (as ST Paul fpeaketh) as are not poffible for man to utter, fuch as eye hath not feen nor eare heard neither have entred into the heart of man, even the things that God hath prepared for them that love him. Job. 19. 25. 27. 2 Cor. 12. 4. 1 Cor. 2. 9. \ Chu£ lived this lord, thus dyed hee ; dye ill hee could not, that lived foe well : well to God, well to the world, well to himfelf, well to his heire and pofterity, well to his friends, kindred and fervants ; ever within compas, never exceeding his circumference, or the fphear of his revenue : Happy will bee his now grandchilds George L4 Berkley grandchild, if hee apply to himfelf the actions, life and death of this Anceftor for his example. %$ hee lived like a noble honeft lord, foe hee dyed like a Saint, yea hee did rather migrare quam mori ; abire, quam obire ; not dye, but fall afleep: Never hath my reading found any fo great a lord, that left this world more refolved, more pre pared : As though hee had unbraced himfelf for his bed, rather than for his grave : 3lnb thus paffed hee from a mortall day to an everlafting morrow. Summum homi- nis 1532 Uife of Chomag tyz fifth 243 nis bonum, bonus ex hac vita exitus. this life. The felicity of man is his good leaving of Comp : Senli : hofpicij 24. H. 8. 69O in caftro de Berkeley. Co the earthly happinefs of this lord, this may bee added, (greater then that of king Solomon,) That hee left behind him a wife fon to fucceede ; A bleffing that that king had not ; And honeft executors that performed his will. Che manner of whofe funerall and devotions for him done after death by preifts and fryars, read out of the accompt of his funeralls, deli- [vered by his Steward of houfhold, to his faid Executors, as breifly as I could abftract the fame ; wherein note, that his body according to his will was firft buryed in the Church of Mangottesfeild where hee dyed, And after, as hee had appointed, it was removed to his owne tombe fet up in the church of the monaftery of ST Auguftines by V°J" 24- **• -• in Briftoll, and there buryed by the fide of Alienor his firft wife, as his Will directed. To fower preifts to fay maffes the 24^ of January, the corps being then not buried — 16? To thirty preifts and two clerks finging at the buriall — 15s. 4? To eight men ringing two dayes and a halfe — 6s. 8? To eighteen preifts for maffes — 9? To 24 preifts — 12? To poor people the day that the corps was brought to the church — 38? 8? The fame day to forty preifts and twenty clerks — 30? To poore people in money doaled and given in Almes the day of the buriall of the Corps — 61!.- 13? 4? To ST John Nelme preift for a derige and maffe at Slimbridge — 2? id To men for ringing there — 4? To 8 preifts for each a maffe the wednefday the 29* of January after the corps was buryed — 2? 8? To 6 preifts the 30* of January for 6 maffes — 2? To fower preifts the laft of January for 4 maffes — 16? To two preifts the fecond of ffebruary for 2 maffes— 10? this was candle mas day and thefe extraordinary maffes. The third of ffebruary to 4 fryars for 4 maffes — 16? The 4* of ffebruary to two preifts for two maffes — 8? The 5* of ffebruary to 4 preifts for 4 maffes — 16? The 6* of ffebruary to 4 preifts for 4 maffes — 16? The 7* of ffebruary to 6 preifts for 6 maffes — 2? 4d was y? ordinary price of a maffe, as certaine as 8d is to a day laborer: or 20 eggs were for id The 212 / isf migeeflania* or barioug jja&efegeg. Chi.g lords father having left the manor of ffenyftanton and others to the lady Cicely his fecond wife, for her life, as before appears ; Hee within two months after gaines from her a grant of all the lands fhee held of his inheritance, for threefcore years if fhee lived foe longe, at the yearly rent of — 14211/ 6s. 8d; whereby hee wifely wound in himfelf to have the manageing of his own lands in poffeffion, And this hee wrought under the advantage of his fecond marriage with Anne Savage, as after will appeare. pat 8 marcij 24 H. 8. 3[n March, fix weeks after the death of his father, hee obtained of king Henry the 8* a grant to bee Conftable and Porter of the Caftle of Berkeley, and keeper of the caftle parke with the worthy enclofed in it, and to bee paler of the fame; And to bee keeper of Hinton woods called Cheflanger and Redwood, and of the red Smeth is in the deere there; And to have the fifhing of Smethmore, (now excellent pafture ground,) pldnroTfmooth! and the fifllmg of the gale in Seaverne without rent, Taking the fees accuftomed, 6gg which his father held for his life, as afore is written. %t w^ltime, fith king Henry the 8* had been 24 years marryed to feverall wives and had noe iffue male, hee could not but cherifh an inward expectation of a Reverter in fee of the wholl Barony of Berkeley, whereof hee now was glad to take a fmall morfell, at will. Comp. 29. H. 8. in caftro de Berkeley. carta: dat: 20 Maij 25. H. 8. in caftro de Berkeley. Che 20* of May in the 25* of king Henry the 8* hee gave Thomas Cromwell EfqT, then Secretary to king Henry the 8'.h (after Earle of Effex) 131? 6?8d Anuity for his life, and then made him his high fteward of Sileby, Thornby, Mountforrell, and of Gofcote hundred. 5lnb »534 Hife of Chomag the Sixty 249 3lnb 4" 13*4* yearly to the Earle of Huntington and to ffrancis Haftings his fon and heire, for exercifing under him the office of high fteward of his manor of Melton Mowbray, Segrave, ColdovVm, Dalby, Thorpfachvill and Witherly. 3lnb on May day the fame 25* of king Henry the 8'!1 hee gave to David Broke of Briftoll gent, for his good fervice done to him, the fourth part of his manor of Brokenburrow in the parifh of Almondfbury for his life at 4? rent. 3[n Aprill before his death hee prefented Robert Derby for Abbot of Croxton, of the order of premonftratenfes, which (as the Deed fpeaketh) to his prefentation by Inheritance belonged, then void by the death of Attercliffe late Abbot there, commanding the pryor and covent of the faid monaftery to receive and obey him as Abbot. Comp : 29. H. 8. ibmcarta: 25. H. 8. ifcm Inq: 28. H. 8. in cane. carta dat. 1. Maij 25. H. 8. in caftro de Berkeley Inq: 29. H. 8. poft mortem Thofn Dni Berkeley in Cane.Carta: 27. Aprill 26. H. 8. in caftro de Berkeley. ¦ 3£nb, this fhall bee the place, whither I have often referred this antient and pyous family to viewe at once, the damage it fuffered both in honor and profit by thofe devouring Acts of the diffolution of Monafteries in the 27* and 31* yeares of king Henry the 8* whereby and by the ftatute of Chantries (amongft other things) this family loft the Advowfons and prefentations to divers Abbyes, Nunryes, and Pryories, As this of Croxton, and of Kirkeby, and of Chawcomb, and of Burton lazers, and of ST John Baptift in Melton Mowbray in Leicefterfhire ; Of Combe in Warrwick fhire, Of ST Auguftines, and of ST Katharines, and of Mary Magdalens by Briftoll, and Of Longbridge by Berkeley, and of Tinterne in Gloucefterfhire, Of the Pryories of Newenham and of Eppeworth in the Ifle of Axholme ; Of ffountaines, Of the Abbey of Byland, and of the Pryory of Newburgh in the county of Yorke, and of divers others, as fcatteringly appeares in thefe relations, where alwayes with folemn proceffions and other honorable rights and ceremonies (I might fay with incenfe and perfumes) they were received as founders, And where the memoriall of their honor able atcheivements were recorded ; And of 80. knights fees at leaft, which thofe and other Ab-|byes and houfes of religion held of them, as ST Peters of Glouc, the Abbot of Kingfwood, the Pryor of Sempringham, the Abbot of Leicefter, the Pryor of Lewes, The Pryor of Axholme, the Abbot de valle dei, the Pryor of Haver- holme, the Abbot of Geroduu, [fic] the Pryor of the hofpitall of ST Johns Jerufalem in England, the Pryor of Lawnd, the Pryor of Grace dieu, the Pryor of Nuneaton, the Pryor of Kirkeby, the Abbot of Sileby, the Abbot of Stonly, the Abbot of Myrivale, and of more then, forty Chantries mentioned in thefe relations ; for which, befides their daily prayers for the happinefs and welfare of the livinge, (wherein was noe fuperftition,) they paid to this family many anuall rents and fervices, and alfo paid 2 K vol. n See before fol : [537] Annis. 27* et. 31. H. 8. Anno. 1. E. 6. Clans: 52. E. 3. m. 28. Pat: 7. E. 3. ps. 1. m: 15. claus : 45. E. 3. m. 36. Pat. 48. E. 3. m. 23- Pat. 14. E. 4. ps. 2. m. n. Pat. 9. R. 2. ps. 2. m. 25. 26. Efch: 11. H. 6. poft mortem Thorn, ducis Norfolk. pat: 14. H. 6. ps. 700 1. m: 6. pat. 1. E. 4. ps. 6. m. ult. Ptita in fcacio. 13; H. 6. pat. 19. R. 2. ps. 1. m: 26. pat. 20. R. 2. ps. 2. m. 14. pat. 20. R. 2. ps. 2. m. ult. Efch: 1. H. 4. poft mort Ducis Norfi' 250 Che Hibeg of the 25erftrlepg 1532 Efch: 27. E. 1. et. 35. E. 3. et. 1. H. 4. et. 1. E. 4. poft mort de mowbraies claus: n. H. 6. m. 8. fee before in ye life of Maurice y* S* [615] And of James the firft. fol: [537] Stat: 27. 31. et. 38. H. 8. et. 1. E. 6. 701 paid them releifes and efcuage, did them fealty and homage, fent their men to ayd and attend them in their voyages in the warrs, yeilded them aid and contribution for the marriage of their eldeft daughters, and for making their eldeft fons knights; brought up, and inftructed divers of their children, received and kept as Corrodies, many of their old unferviceable fervants ; fuch as old ffran Inchmore and Richard Cooke ats Miller now are in the family of the lady Elizabeth Berkeley at Cranford ; with other like duties incident to founders right, and to the tenures of the manors and lands and quantities of the knights fees which they held of them by knights fervice, and in focage, now extinct and devoured by thofe mercileffe Acts, ^either therein hath ended the damage which this noble family fuffered by thofe acts of diffolution ; for the Crown having fince given and fold away not only thofe manors and lands holden of this family as aforefaid, but almoft all the reft of thofe monafti- call poffeffions, and therein referved tenures of themfelves by knights fervice in capite ; now at this day each manor and almoft each freeholder in each Village hath fome fmall pcell or other of that Capite land intermixt or inclofed with their elder poffeffions, formerly held of this family by knights fervice : whereby I have known this family within my memory to have loft more then ten thoufand pounds, wc? otherwife, but for thofe lands in cheife, had juftly and legally accrued to it ; A mifcheife alfo daily increasing to this and other great lords of Seigniories, through the frequent exchanges and inclofures, (the effects of peace,) And by y? parcelling out of Manors made by great lords upon faies to their feverall ten'?, for ye. better advancement of their prifes : whereby as not one wardfhip amongft twenty now accrueth to this family w* otherwife had happened : foe, the Court of Wards and liveryes bringeth | an hundred fold more profit to the Crown then formerly before thofe Statutes it did, A growing perticular mifcheife likely to proceede to a generall inconvenience. $& latoe guiteo\ Scarce was the laft lord cold under the Tombe, before an unkind controverfy broke out between this lord and his only brother Maurice, about the poffeffion of the manor of Mango ttesfeild, the place where their father gave up his foule to God, and that manor to them that now contended about it. 3©ith Maurice, his brother in lawe ST Nicholas Poynz and his mother in law the lady Cicely tooke part, And to the uttermoft of their powers abetted his caufe, who made title by the expreffe words of his fathers will, proved by the Judges and others his fathers executors, and approved of by the lord Thomas himfelf, who alfo was a witnes thereto, and prefent at his fathers death and laft confirmation thereof. 25ut 1534 Hife of Chomag the &ixty 251 55llt this guift by will this lord Thomas would not admit, for that (faith hee) the feoffment of that manor made by the lord his father to the Duke of Norfolk and others, to the ufe of his laft will and for performance thereof, was never executed in this manor of Mango ttesfeild by the exprefs inhibition of his faid father ; And on purpofe foe to declare it hee kept Courts there in his own perfon and in his own name, and not in the name of the faid Duke and his Co-feoffees, which was other- wife in all the reft of the manors comprized in the faid feoffment ; Alledging further, That his father builded upon Mango ttesfeild houfe with the goods, knotts, trayles, carved works, and other ornaments of his, fetched from his houfe at Yate, which his unkle the lord Maurice gave him, to the value of two hundred marks, another manifeft figne (faith this lord) that the lord his father never meant That his brother Maurice fhould have it, but hee whofe goods had built and adorned it. 3lnb further alleadged, That whereas his father had allotted unto him in marriage with the lady Mary his wife, divers lands to the value of 100!' p ann : for their maintenance, his father retained fifty marks yearly of that hundred pound by the fpace of three years towards the building of Mangottesfeild houfe, which amounteth to one hundred pounds, Another declaration of his fathers mind (faith hee) That | hee meant not 702 that his fon Maurice fhould have it ; Alfo this lord Thomas alleadged further, that the manor of Mangottesfeild and the manor of Bitton doe adjoyne togeather, and have continued togeather in one mans poffeffion many hundreds of yeares, And that there is an hill called charnells hill parcell of the manor of Bitton, and in the bottom of the faid Hill is a great fquare poole called charnells poole adjoyning to Man gottesfeild hill, and in the end of the middle of the faid poole his faid father builded a newe mill from the ground, which is parcell of the manor of Bitton, which his brother fince the death of his father hath entred into, and fifhed and deftroyed the fifh to the value of forty pound. 5lnb laftly (fo farre prevailed hee) that hee caufed the lady Ciceley, mother in lawe to them both, (yet fhee tooke part with Maurice,) to avow That fhee kept as well the Seale of Armes as the Signet of her hufband by the fpace of five daies after his death, And in that time fealed two parts of the faid will, being tripartite, (called Counterpanes,) with the faid Seal of Armes. Chlt£, chartulse in with much unbrotherly agitacon was toft that controverfy till the death of this lord, Caftrode Berkeley what time Maurice had the poffeffion of the houfe and conigre^and this lord of the reft of the manor ; After whofe death his widowe the lady Anne in behalf of her young fon the lord Henry, banded this ball of difcord anewe and with more bitternes, as after followeth ; Declaring thereby, that her incantations had more powerfully prevailed 1 Rabbit Warren. [Ed.] 2 K 2 252 Che £ibe£ of the 2&erftelep£ 1532 carta in caftro de Berkeley. fol: 673. 703 His firft wife. div'fa munimenta in caftro de Berkeley. div'fi compi in ¦caftro de Berkeley. Inqu : in com. Glouc. 20. H. 8. p^ mort Thom Volunt: Thome de Berkeley : 24. H. 8. originall: 25. H. 8. rot : 34. in fcacio. Stow et at. prevailed with her hufband then ftood with the affection of a brother, or the honor of their fathers memory. <©f which lady it now follows that I write, as the fecond of this lords wives. $i£ 3©ibc£. ©i£ tfitgt W$z. Chat it was intended and accordingly articled under feale That this lord fhould have marryed Katharine daughter of Thomas Howard Duke of Norfolk, and that part of the marriage portion was accordingly paid, hath been already written in the life of this lords father ; But whether nearnes of bloud, they being cozens in the fourth degree, or the death of Katharine, or diflike either of | the parties to the other, or what elfe hindered the confummation of that marriage, I find not : 2&Ut the fame 17* yeare of king Henry the 8* hee tooke to wife Mary the daughter of George lord Haftings ; the greateft part of whofe marriage portion the lord Thomas his father in the fecond yeare after affigned over to St George Throgmerton, for payment of part of the Dowry hee gave with his daughter Mirriell Berkeley, marryed to his eldeft fon Robert, as hath been faid : 5lnb for maintenance, this lord and his wife had one hundred pounds a yeare from his father ; 25p her this lord had noe iffue, though they lived lovingly togeather neare eight yeares ; And dyed in the fame 24* yeare of Henry the 81!1 about fix weekes after this lords father; ffor whofe Joynture and dower the faid lord her father in lawe tooke fpetiall care that it might bee quietly enjoyed by her, if fhee furvived her hufband, without the impeach ment of his own wife, As by his will made but a few dayes before his death appeares. Ij^Otobeit, this lords forrow for her death was not foe ftronge or prevalent to hinder him many monthes from flying to the marriage bed of another as followes. %i$ Sztotto 3©ife. Che fecond wife of this lord Thomas, was Anne the daughter of ST John Savage of ffrodfham in Chefhire knight, of whom Stowe, & others thus write ; That on the 25* day of January in the 24* yeare of his raigne, king Henry the 8* privily married the lady Anne Boleine, what time M? Anne Savage bare up her traine, and was her felf fhortly after marryed to the lord Berkeley ; which marriage feemes to have been contrived by the faid King and Queen, or one of them. Che father of this lord dyed on the 22* of January as hath been faid; The lady Mary this lords firft wife dyed within lefs then two months after, And in Aprill following was this lords marriage with the faid Anne Savage. Che 1534 SUfe of Chomag tyz Sixty 253 Che portion which fhee brought in marriage was five hundred marks in money, Carta. 21. Maij paiable at certaine days after, fome whereof incurred not in her hufbands life time, de Berkeley.04 r° Che Joynture affured by her hufband in May next after mariage | were the manors of Melton Mowbray, Segrave, and Sileby in the county of Leicefter; Bretby, Roftlafton and Coton in the County of Derby ; and Callowdon in the county of the City of Coventry ; which was after increafed with the manors of Mountforrell, Gofcote hundred, and Coldoverton, And w* the thirds of the manors of Sages, Tetbury, Daglingworth, fframpton, Manygford, Afpele, Hovingham, and of the lands in Calais, affigned to her in lieu of Dower. 704Carta prdi Ld Henry. and as the fequell manifefted to bee true, the birth being juft forty weeks after, though the father lived not to fee the day ; <©f completion fhee was of a comely . brown, of a middle ftature, And, above all the ladies of her days, noted to bee moft tender hearted to her children ; And to them foe over and above reafon indulgent, as not contentedly fhee admitted them out of her fight, whereby they after com- playned of that want of Learning which a jufter education fhould have afforded their eftates and parentage ; ffor whofe fakes and the memoriall of her hufbands love fhee continued a widowe all her life : noe lady more conftant to her religion, for from the inftruction of her youth wherewith in the ten firft years of king Henry the 8'!1 fhee was feafoned, fhee never would depart ; which was the caufe why V Queene Mary and the Clergy of her time exceedingly favoured her. Che places where moft fhee lived after her hufbands death were firft at ST Auguftines green by Briftoll, then at Yate, then at Kentifh Towne by London, then at the Bifhop of Bangors great houfe in Shewelane by ST Andrews Church in Holborne, which fhee held by leafe. Then againe at Yate in Gloucefterfhire, And laftly at Callowdon by Coventry, where fhee dyed inteftate in October in the fixth yeare of Queen Elizabeth, A° 1564. then of the age of 58 . yeares or neare there abouts ; Div'fi compi hofpic in caftro de Berkeley. Ex relacone Hen: Dni Berkeley. Depos : in Cane : Sub mag : Sigillo in ca:de Berkeley. 254 Che Hibe0 of the 2&erftefepg 1532 705 Adminiftr : dat : 31 Jan: 7 : Eliz: 1564. fub figillo in Caftf de Berkeley. Ex relacone ipius Henrici : et Han- corne et Burbage tunc attenden. Anne Gaftrell her waiting gentle woman. Inqu : 29. H. 8. in fcacio : 1 year old poft mort Thome Comp : Franfh recept 1. et 2. Eliz. in caftf de Berkeley. 706 abouts ; And lyeth buried in the Church of ST Michall in Coventry ; who may not foe fleep in peace, but that I muft after and often call her fuites and actions into queftion, in | the life of the lord Henry her fon, to whofe time I doe tranfmit many of them, as being profecuted in his name, and concerned his inheritance. Cfte adminiftration of the goods, and chatties of this lady was the 31* of January following committed to the lord Henry her fon, who for the honor of her memory, paid more then her goods which came to his hands amounted unto, which fometimes after, for his difcharge, hee pleaded. CoiUltrp hufwifery feemed to bee an effentiall part of this ladies conftitution ; A lady, that living at Yate, Callowdon, and other her Country houfes, would be times in Winter and Somer mornings make her walkes to vifit her ftable, barnes, day houfe, pultry, fwinetroughs, and the like ; Which hufwifery her daughter in lawe the lady Katharine Howard, wife to the lord Henry her fon, feeming to decline, and to betake her felf to the delights of youth and greatnes, fhee would fometimes to thofe about her, fweare, by Gods bleffed facrament, this gay girle will begger my fon Henry : As the lord her fon, and other of her fervants have told mee : 3lno if fhee were to bee judged as Phillip de Comines doth King Lewis the 11* his mafter, That hee was a good King becaufe hee had more vertues than vices, I would foe conclude of this lady : But foe much remaines to bee faid of her in the life of the lord Henry her fon as I will leave my Judgment in Sufpence. 5lnb it might feem tedious to this family for mee to write foe largely of this lady as I have received from Anne Gaftrell the widow of Thomas Harsfeild of Nibley, there living for ten years after I maryed into that towne, the neareft and eldeft attendant about her of all this ladies gentlewomen untill her death. $i$ i^ue. Che children which this lord Thomas had by his laft wife were only two; Henry born nine weeks and fower dayes after his fathers death, whofe life is half a Volume of it felf; And Elizabeth then fcarce three quarters old, who was in the firft of Queen Elizabeth marryed to Thomas Butler Earle of Ormond, whom in y 2'!1 of Eliz : fhee followed into Ireland accompanied with her mother and brother from London to | Yate, thence to Briftoll, where fhee tooke fhipping for Ireland. 3@hat portion the Earle had with her in marriage, I have not found ; Howbeit having noe certainty left by her father, her brother gave her one hundred pounds by the yeare for many years togeather, both before and after her marriage. $er 1534 Uifc of Cboma^f the Sixty 255 ©er Joynture was altogeather of lands in Ireland, made in the 4^ yeare of Carta in caftro de Queen Elizabeth: But afterwards fhee and her hufband not agreeing, An award was upon the labor of the lord Henry her brother made in the 11* of Queen Carta in caftro de Elizabeth between them, by the mediation of Thomas Howard Duke of Norfolk er e ey- and of Thomas Ratcliffe Earle of Suffex, to whom their differences were referred ; That fhee for her prefent alimony and maintenance, (then being feperate from her hufband meerely arifing from the antipathy of their natures,) fhould have 90" p Ann out of her hufbands lands, which was duly paid by his Receivor during her life, which ended at Briftoll in the 24* yeare of Queen Elizabeth, Anno, 1582. leaving noe iffue behind her, nor for ought I could learne ever conceived by him : A lady whom the lord Henry her brother, and others of his old fervants, would report to have been the faireft that lived in the Courts of Edward the fixth and of Queen Mary, and foe noted in thofe dayes. ©ig Szalz$. Chi$ lords time was fo fhort after his fathers death, And the name of Thomas one and the fame to them both, As alfo the ftile, That hee never altered either his fathers broad feale or privy Signet : Only I have obferved, That on the reverfe of his broad feale fixed to his laft will and Teftament, The privy feale or fignet, (being Mowbrays Lion rampant,) is five times imprinted, one, three, and one. See the figures in his fathers life. ©# 256 Che ttibeg of the S&erftelepg J532 7<>7 $# beath anb nlace of 25uriaH. Inq -in Cane- 91 toiH fatisfy this title with two records of Inquifitions found after the death of this lord Thomas, in one yeare in one county; The one at Wotton Underedge the 20* of Auguft in the 29'.h of king Henry the 8'!\ by Commiffion, in the nature Inq : in Sccio : rf & Mandamus> the other at Marfhfeild the 10* of October following, by the Efcheator alone, virtute officij fui ; The firft returned into the Chancery, the other into the Exchequer. The firft layeth down the recoveryes had by Judge Brudnell and others againft this lords unkle in Efter Terme in the 4* and . 5 4* of Henry the 841 of the manors of Tetbury, Daglingworth, Sages, and the reft of his lands formerly mentioned, And how this lords father dyed the 24*.h of Henry the 84" indebted — 6271! 3s. 6d — over and befides — 488lL 16? 6d — in legacies given by his will; And the Anuities given by him for life, whereof many are formerly mentioned ; And this lord Thomas his fon dyed the 22* of September in the 26* of Henry the 8* Anno. 1534. Che fecond Inquifition layeth down the purchafes of Bitton and Mangottef- feild, made by the lord Maurice of MT Dormer in the 1 1* of Henry the 8'?; And hee of Huffey in the 7* year of the faid kinge ; and how the faid lord Maurice purchafed the manor of Elmington of MT Wiftm Huffey, fon and heire of Margaret Blunt maryed to John Huffey, father of the faid William, by fine in Efter Terme in the 12'!1 of Henry the 8'!1; And how, when this lord Thomas dyed the 22* of September in the 26* of Henry the 8'J1 Anno. 1534, Then Elizabeth was his daughter and heire, one yeare old ; But that Anne his wife was then with childe, who fince brought forth a fon called Henry, the 26* of November following. Chug thefe Inquifitions. ChhS lord Thomas in the firft yeare of his Barony, wifely taking into confider ation the debts of his father and unkle wherewith the lands difcended upon him were charged ; And the Joynture and dower of the lady Cicely his mother in lawe of feaven of his manors, whereof mention hath been made in his fathers life ; And the lands alfo which his younger brother had for his life : And having alfo fome fcores of his own uncut out incurred in his fathers life, in thofe eight years of his firft marriage, what time hee had but one hundred pounds p anii. exhibition, for the maintenance of himfelf his wife and family, And part of that alfo not well paid as 708 before appeares ; And obferving withall the many Anuities iffuing | out of thofe lands given by his faid Anceftors and himfelf ftill in being, And of the charge of children like to grow upon him, determined to caft off for a time the popular and vaine 1534 Hife of Chomag the Sixty 257 vaine fame of great houfkeeping, and the many expences incident thereto, And to fojourne at a certaine rate, w0!1 hee would not exceed ; And doth bargaine accord ingly with the Counteffe of Wilfhere, who then lived at Stone by Thames fide, a mile from Dartford in Kent, for the lord of himfelf, his wife, two gentlewomen, and fix men, at the rate of 25! 4f the weeke for them all ; And foe in June in the 26* yeare of Henry the 8* fets from hisj houfe at Yate in Gloucefterfhire towards London, and from thence comes to Stone the 15* of the next month, where, after a fhort ficknefs, hee dyes on Satterday the 19* day of September in the faid 26* yeare of the raigne of king Henry the 841 Anno . 1534. And was there buryed the Teufday after, the 22* of that SeptT, which the faid Inquifitions make the day of his death, then of the age of 29 years or neare thereabouts, whereof hee had fit lord one yeare and eight months after the death of his father ; And of all his anceftors had the fhorteft life, yet longe, by the well imployment of his life. div'fa muniment in caftro de Berkeley. Liberac : Thome dni Berkeley. 24. H. 8. et Henrici dni Berkeley 2. et. 3. Ph : et Maf. 3(tt an accompt of one of his houfhold officers of that time, are thefe words, Comp: in caftro de which I beft beleive and followe ; 30emoranbum, paid to my lady Wilfhire the 21 'I1 Berk.eley et a* . munimenta. day of September in the 26 . yeare of the raigne of King Henry the 8 . in full con fideration for the board of my lord Berkeley, my lady, and all their fervants, unto the faid twenty firft of September in the faid year and raigne — 12" 13* 4d — which further fhewes that hee came to fojourne there the 1 5'!1 of July before, himfelf, wife, two gentlewomen, and fix men ; And foe for nyne weeks till hee was buryed, paid as aforefaid after — 25? 4d. the weeke. Concerning whofe death and funerall are thefe further fragments, remaining in the accompts of his fervants of that time, made to his wife the week after, which are all I have found of him. Charged about the funeralls of my lord Berkeley the 19* day of September in the 26* yeare of Henry the 8* iod- ffirft to a mafon for raifing the foote of the herfe For making of his Cheft — 12?. For half a hundred of boards — i4d. For 4 Bufhells of bran to lay within the Cheft — 12*! For a winding fheet — 20d. | For maffes the ig°i day of September at his death — 3 For dirige the fame day — 2! 709 To 2 L VOL. II 158 Che Hibeg of the S&erftelepg 1532 A maffe conftantly rated at 4d a peece. To the poore in Almes the fame day — i2d. To Hall and three children for bearing of torches- Itm at dirige on Thurfday 2 . preifts — 84 Itm at dirige on Fryday 7 . preifts — 4! 84 Itm 5 maffes of the five wounds — 2o4 Itm . 3 . maffes downe of the trentall — 124 Itm, remaineth more of the trentall — 9* Itm offering pence — 2! 84 Itm to the clarke — 44 -12° And in another bill thus, A place neare Itm for the hire of a horfe from London to Stone in Kent, to ride to my lords Stone by Thames . . , .A f,de. month mind — 16. 710 And in another bill thus Itm received of my lady on Thurfday the 17* of September in the 26* of Henry the 841 xx4 whereof paid for a wherry for Doctor Nicholas a Phifition to Greenhithe — 2? For the doctors cofts at Greenhith all night — 6? I have been told from his fon the lord Henry, and by two other of this lords fervants, That hee dyed of a forfeit of cherries ; which I beleive, though their feafon feem gone longe before his death ; Neither is any of his anceftors found to bee better bred nor of greater hope, who for his fweet condition and for a mind as innocent as his years, and for his rare endowments, well deferves to bee commended to everlafting memory, that hee may bee permanent foe much the longer in the life of an Hiftory, by how much the thred of his naturall life was cut fhorter by the fates. 1 Short was thy life, yet liv'ft thou ever, Death has his due, yet dyeft thou never. All well may wonder how foe youthfull years, Could frame a life where foe much worth appeares | Che fanb£ tohcteof hee tipeb $zi$zb. The manors and lands which this lord Thomas left to difcend to Elizabeth his only daughter and heire at his death, And after to the lord Henry his fon, borne nine weeks and fower days after his death, were in effect the fame whereof his father and unkle dyed feized, vizT The 1534 Eife of Choma$ the Sixtfy 259 i\ The manor of Melton Mowbray, The manor of Segrave, The manor of Sileby, The manor of Coldoverton, The manor of Mountforrell, called fuperior et inferior. The manor of Dalby Chawcomb, The manor of Thurneby, The manor of Thorpe Sachevill & Twyford, The manor of Witherley, The hundred of Gofcote, Divers Lands in Welby ats Oleby. The manor of Sages, The manor of Bitton, The manor of Ailmington, which was to Maurice his brother. The manor of Upton S' Leonards, called Grovecourt. The manor of Mangottesfeild, The manor of Tetbury, The manor of Daglingworth, The manor of Yat^f was but a leafe for yeares. The fourth part of the manor of Brokenburrow, in Almondfbury prifh, Divers lands and Tenements in Thornbury, containing - 190 - acres, A meffuage and divers lands in Berkeley, Two and twenty marks rent out of fframpton upon Seaverne, | The manor of ffenyftanton, The manor of Hilton, The manor of Auconbury, The manor of Wefton, In the County of Leicefter. In the County of Gloucefter. 711 In the County of Huntington. The 2 L 2 260 Che 3libe£ of the 2£>erfeelep0 1532 The manor of Chatterys, 1 T , ~ c ~ , ., „,, r ^ 1 1 ¦»*¦ fin the County of Cambridge. The manor of Guvherne and Murroe. ) The manor of Guyherne and Murroe. ¦ In the County of Suffex. The manor of Bofham with Buckfold, * The manor of Thorney, The manor of ffuntingtqn. The manor of Bretby, The manor of Linton, The manor of Coton, The manor of Roftlafton, The manor of Repingdon, In the County of Derby. The manor of Hovingham, in the County of Yorke. The manor of Maningford Bruce, in the County of Wilts. Certaine Lands and tents in Thorpe, and Kingfton in the County of Nottingham. The manor of Callowdon in the County of the City of Coventry and Warrwicke, Divers lands and tenements in Stivechall, by Coventry. The manor of Afpele, in the Parifh " of Tamworth. The manor of Thurlafton, The manor of fflekenhoe. In the County of Warrwick. The moities of the Lop.s of Catherkgh, 1 T , _, . , r T , . ~. . rr , , , , fin the Kingdome of Ireland. Oldcrone, and other lands. / Lands and Tenements in Calais of the value of — 61!- 13! 4? of old rent. ffowerteen pounds pT Ann out of Bromly, Lee, Gateborne, and ^j\^ Scothurne, in the Counties of Lincolne and Surrey. Origin. 2. et. 3, ffor thefe lands feverall Inquifitions, (in all or moft counties,) were found after ^h2: rot^s] tne death of this lord in the 28* and twenty ninth yeare of the raigne of Henry the 8* and in the third of king Edward the fixth ; And of them Henry lord Berkeley 1534 Hife of Choma£ the Sixty 261 In the County of Gloucefter. Berkeley aforefaid, after hee had been one and twenty years in | ward, fued his 712 livery in the fecond and third of Phillip and Mary : And therein were valued to him at — 992"/ 18? 03d. 9lt which time alfo reverted unto him upon the death of king Edwd the fixth, for default of iffue male of the body of king Henry the 7^, according to the entaile of Wittm Marques Berkeley, as in his life is related, thefe manors, viz! The Caftle and manor of Berkeley, The manor of Hame, The manor of Appleridge, The manor of Slimbridge, The manor of Hurft, The manor of Cowley, The manor of Alkington, The manor of Came, The manor of Wotton underedge, with the Advowfon, The manor of Symondfall, The manor of Hinton, The manor of Erlingham. It The manor of Portbury in the County of Somerfet. The 441 part of the manor of Tyborne als Marybone, in the County of Middlefex. The manors of Kington magna, and Kington parva, in the County of Warrwicke. And thefe later were valued to him at — 6871? 5T 3lnb alfo in the fecond yeare of Queen Elizabeth reverted unto him the Lib: incur Ward: . /-* Too-nr Spec: lib: 16 Junij manors of Kenet and Kentford in the Counties of Cambridge and Suttolk, tor 2 Eliz . default of iffue male of the bodies of Richard Willoughby and Edward Willoughby, according to the entaile of Wittm Marques Berkeley made to them, as in his life fol: 569. hath been related ; And thefe, in the livery which hee then fued, were valued at — 34"T 6? and then yielded in rent but — 59? 44 more. Snz all the lands for which Henry lord Berkeley fued livery m. 2.&-3. Ph : & Mary, were valued at li. s. d. 1714 = 9 = 3 3lnb 262 Che Xibeg of the Sfcerftrfepg 1532 , 3lnb alfo hee further had the Manor of Wefton iuxta Baldocke in the County of Hartford, recovered upon the fuite in lawe from yl patentees of king E. 6., (as after followeth in his life,) valued at 3 64 or thereab'f | 713 Che fine which the lord Henry paid upon his livery for the lands difcended Rate of his Livery from his father, was — 496"; 9.1 1 4 Cftr fine which hee paid for the lands reverted to him after the death of king Edward the fixth, was — 3434- 12s: 6? Che 5lppIication anb u£e of hig life. The ufe. 1. ^n Berkeley Caftle on a file of bills, is one for the laft fuite of Clothes that ever were made for this lords wearing, which hee made at Stone, the 4'!1 of Septem ber, but fifteen dayes before hee dyed, then in the 29* of his age ; Thus, j. 6. Itm paid for a yard and a quarter of black kerfie for my lords hofe, 2 ,, 1 1 Itm for two yards and a half of black fuftion for a doublet for my lord, 2 ,, 1 Itm for two yards of Lininge for the fame doublet) - - 1 ,, 3 And fo of the reft of the parcells. In the whole makeing and all, 9 ,, 7 Sum — gs. ,,07? Which I hope the divine providence hath referved for his pofterity as an example of moderation, and to avoid exceffe in this kind : Poore is the condition of that .man that muft from his taylor take his reputation. \rr 2. 51 gaine, from the fhort life of this lord his pofterity is admonifhed, not to rely the everlafting affaires of their life to come upon the gliding flipperines and running ftreame of this uncertaine life ; Neither to fojourne longe in finfull fecurity, but to frame their premifes as they would have the conclufion ; And by confidering how the bud of this their Anceftors life was cut from the ftalk before it flowered, to meditate often on the fall of theire leafe, for none more likely than hee to have feen the feed ripened. And to defire with this their anceftor rather a good life then a longe, non quam diu fed quam bene ; And to know with him that one day vertu- oufly fpent* is to bee highlier valued then a longe life confumed in vanity and prophanenes. | 7*4 3. Slgaine, when this family fhall ferioufly confider the generous fraternity and love that alwaies floured between this lord Thomas father and his elder brother the lord 1534 ttift of Chomag the Sixty 263 lord Maurice, whofe individuall foules foe entirely comunicated their true affections each to other, that they feemed at once to bee all in all, and all, in every part of each other ; And when in the next difcent this family fhall as ferioufly confider the bitter enmity of the two fons of the faid lord Thomas, this Thomas the fixth and Maurice his brother, which reconciled not till death, with the ill effects, It cannot butxacknowledge, That tribulations and croffes waite and are let in as well at their doores as of inferior families : And therefore when they fee but one morrowe day to bee interpofed between fuch fweet affections and unnaturall difcords, It muft needs know it felf ftill fubject to the like adverfities, And beare theire faile thereafter. 7xi}blank fim$ Cfioma?, ejugbem nomini£, &erti @l)c Cife of fijmrg tt)t fxt&l Cf)e life of Henry lord Berkeley the firft of that name, ftiled in writings Sir Henry Berkeley knight, Lord Berkeley, Mowbray, Segrave, and Breoufe; never otherwife written from his cradle to his grave ; 3lnb was Avus, or as our Anceftors the Saxons called, eald-fader, And wee at this day grandfather to George now lord Berkeley. 5finb may bee called Henry the harmleffe, or pofthumus Henry. Contcmporarp with King Henry the 81?1, Kinge Edward the 6^, Queen Mary, Queen Elizabeth, and King James, from 1534. till 1613. Che longe life of this lord Henry I deliver under thefe fixteen titles ; 1. — $ft$ birth and education, fol : 718. 2. — $fri$ reftitution to Berkeley Caftle and to the Barony of Berke ley : fol : 727. 3. — ^i£ lawe fuites, fol : 741. 4. — ^ fale of lands, fol : 817. 5- — ©titf buildings, fol : 825. 6. — J)ig recreations and delights, fol : 826. 7. — i^iig death and place of buriall, fol : 876. 15. — Che lands whereof hee dyed feized, fol : 882. 16. — C||e application and ufe of his life, fol : 883. | 717 2 M VOL. II 266 Che £ibe£ of the 25erhelep^ 1534 718 Comp. miniftr. 14. Eliz: pat. 1 Sept. 34 H. 8. Mich. rec. 14 Eliz: rot. 72. cm rein thefaur in Scacio. $t£ 2$trth anb ebucation. ^^OtD pioufly the grandfather of this lord Henry left his life at Mangottesfeild J^ 1 in the 24* of king Henry the 8th, and peace (as hee fuppofed) between his ( two fons Thomas and Maurice ; how his eldeft fon Thomas, this lords father, endeavored to wreft that manor of Mangottesfeild from the faid Maurice his younger brother, and how the faid Thomas dyed within two years after at Stone in Kent, in the 26* of that king in the midft of that catching contention ; leaving Elizabeth a fucking infant not one year old, his daughter and heire ; And the lady Anne great with child, delivered of this lord Henry nyne weekes and fower days after his death, To whom king Henry the eighth that gave his name was godfather; ha.th in part already been declared. %t hath alfo formerly been written in the life of the faid lord Thomas the 5* this lords grandfather, how by his Will hee gave to the faid Maurice his fecond fon, (amongft other lands,) the Manors of Dalby in Leicefterfhire for his life in prefent poffeffion, And alfo the manor of Mountforrell in the fame county for his life alfo, after his will fhould bee performed ; |5oto after the death of the lord Thomas her hufband, It was by the procure- Inqu : 28. H. 8. ment of this lady Anne found by Inquifition, That her hufband dyed feized of the poft mortThrane faid manors 0f Dalby and Mountforrell, and alfo of the manor of Thorpe Sachevill in the fame County ; which the faid Maurice conceived to bee to his double preju dice, efpetially this lord Henry fon and heire of the faid Thomas being then in minority and the kings ward : firft becaufe Thorpe Sachvill is part of his manor of Dalby, which now is taken from him under the pretence of being a Manor of it felf; fecondly, becaufe by the faid Inquifition the king is intituled prefently to thofe two Manors of his : Wtytzag Dalby fhould prefently bee to him in poff'ion, And Mountforrell alfo after his fathers will performed : Hereupon Maurice tenders his plea in Chancery in nature of a traverfe, to avoid this part of the Inquifition foe unjuftly found by meanes of this lady Anne his fifter in lawe, who loved him not ; whereupon iffue is joyned between Maurice and the kings Atturney generall tryable by Jury, urged and defended by this lady Anne, in behalf of her felf and her fon Henry the Kings ward. Che Ptita in Cane. oftabis martin 28. H. 8. 1613 Hife of &enrn the ffejtt 267 Che Lady on the contrary maintained, That Thorpe Sachvill was noe part of Berkd? Caftle Dalby manor, but a Manor of it felf, with a court baron | arid a Leete yearly kept 719 there ; $lnb alfo, that the tenants of Dalby never atturned to the feoffees, whereby Maurice could have noe eftate in that Manor from his father. 3lnb alfo, that there is both, great Dalby and litle Dalby in that County, And in the feoffment which paffed by tre of Atturney it is not expreffed whether was meant unto him by his father great Dalby or litle Dalby. 3lnb alfo that Henry her fon was heir in taile to that manor, which Maurice claimed by vertue of a fine levyed by Maurice Fine: 10. H. 7. Berkeley his grandfather to himfelf and Ifable his wife, and to the heires males of in banc0- their two bodies. 3lgain$t Maurice alfo, for Mangottesfeild manor, fhee alleadged, That her hufband was feized of all that manor fave the houfe and the Conigre, and thereof dyed feized, And fo her fon (the kings ward) was in by difcent from his father : 3tgainst Maurice alfo, for the manor of Elmington given him likewife by his fathers will and to the heirs males of his body, fhee alleadged, That that guift was to him by a firft Will, which by making of a fecond was revoked : And that after the feoffment made by the faid lord Thomas his father to the ufe of his will, hee made a Leafe for lives of the manor place demefnes and Tenem1?, referving a rent to him and his heires, with a claufe of diftrefs for nonpayment ; Which rent muft refort to Henry her fon ; Ci)U£ this lady Anne drew into fuite and queftion what foever lands this younger brother Maurice had in any County. 3finb becaufe her mafculine fpirit would beare noe coales at Maurices hands, whereas hee and his company had not longe before endamaged her hufband in fpoiling of Mangottesfeild poole and the Mill there, whereof hee had gotten the poffeffion, as hath alfo been faid ; fhee incited James Berkeley of Bradley by Wotton, John Berkeley and Brice Berkeley his two fons, and thirty others who by her means they brought with them, the 12* of June in the 26'.h of Henry the 841, immediately after her hufbands departure from Yate towards London, to reenter againe upon the faid Mill and poole, and riotoufly to break down the head thereof, And from thence to carry away tench and breames to the value of forty fhillings : For which fact by the purfuite of the faid Maurice, they were fhortly after indicted and fined. iBhith riotous deed the malice of the faid lady borne to Maurice foe well approved, That (her hufband dying the 19* of September following,) fhee the 28* of the next month, by an ample patent made the faid James Berkeley her Carta jn caftro ^ Receivour, Surveyor, Auditor, and Woodward, of all her manors and lands in the Berkeley. Counties 2 m 2 268 Che Xtbeg of the 2£>erftelep£ '534 720 Counties of Derby, Leicefter, Huntington, and Gloucefter, which fhee | either had in joynture or by leafe from the lady Cicely as Adminiftratrix to her hufband, as a reward for his faid riotous fact. Pat : 1 Sept. 34. H. 8. Mich : rec : 14. Eliz. rot. 72. in fcacio cum : rem : thefaur Comp : minis. 14. Eliz : in Scacio. Carta dat : 2. Januar : 26. H. 8. in caftro de Berkeley. Ex relacone H: dni Berkeley et di'ri. at. 721 3lnb this is that Brice Berkeley whofe daughter and heire Elizabeth was after maryed to Edward Berkeley fon and heire of this Maurice, as formerly hath been written. 3lltb for the wardfhip of this lord Henry, It was firft granted by Henry the 8* to Robert Earle of Suffex his Chamberlen, with the exhibition of— 141! 6s- 84 iffuing out of fframpton upon Seaverne and after by him affigned to this lady Anne. 3ft now followeth to declare, that forthwith after her hufbands funerall the faid lady Anne came to live at ST Auguftines greene, and from thence returned to her houfe at Yate ; And in the meane time, within one week after her churching, the more to increafe the flame of the former fire (which by her addition of fuell had too much flamed between the two brothers,) fhee wound in one Alexander Dowle of Thornbury, fon of Walter, fon of Thomas and of Alice his wife, daughter and heire of one Phillpot and of Alice his wife, to fell unto her in fee fimple for twenty pounds in money a meffuage and threefcore acres of Land in Acton Ilger, which was wrong fully with power and force held from him by Giles Poyntz, (brother of Sir Nicholas,) And that hee being a poore man and not able to fue in the kings Courts for the fame againft the faid Giles, did therefore fell his right and title to the faid lady and her heirs ; Thus the Deed fpeakes. |5oto whilft thefe and other fuites travelled up and down WeftmT hall, Maurice on the other part, accompanyed with his brother in law Nicholas Poynz, and the faid Giles Poynz his brother, to work like difpite to this lady, They one night fpecially, (as often they did the like,) with a riotous company of their fervants and others, entred her parke at Yate, and having havoked her deere at pleafure fware amongft themfelves, they would, to fret and damage her the more, fet the great hay ricke on fire ; meaning a great ricke of hay for winter provifion inclofed with a high pale at the ftable end adjoyning to the houfe, wifhing the fire might catch the houfe and burne the lady with her werifh boy in the midft of it, And then, Maurice (quoth Giles Poynz) thou fhalt bee heire, and wee have an end of all our futes. 3Jt chanced at the fame time another company of Hunters to bee | in the fame parke ftealing alfo of this ladies deere ; who perceiving a ftronger pack of theeves then 1613 £ife of ^enrn the fit$t 269 then themfelves to bee in place, and better provided, had drawn themfelves fecretly to fhelter under the faid hay ricke, where clofely ftanding and hearing what was faid and determined, and fearing either to bee defcried or burned, prefently ran away and fled ; which being perceived by Maurice and his company, and by them thought to bee of the ladies family, and fuch as fhee and her keepers had drawn togeather, They alfo, as -loth to be defcryed or taken, fled as faft another way ; And foe by this chance was a great danger prevented, And Maurice and his company by the other company peached, and a Starchamber fuite commenced. Chi£, this noble lord Henry hath merily related unto mee, with many the like paffages in thofe times by his unkind uncle Maurice, and his faid brother in lawe ; wherewith I might blot more leaves of paper and tell this family of divers of their ftrange actions, not (I think) before practifed fince the lawles daies of Robinhood ; the remembrance of many whereof are yet of frefh memory in thofe parts. %\\ March the yeare after in the 29^ of King Henry the 841, Sir Nicholas Poynz aforefaid, John Butler, Edward Arden, Thomas Tovy, and others of his company, in a lewd riotous manner brake down the wall and head of Mangottesfeild poole aforefaid, which was now the faid ladies, and deftroyed the mill of late there built, and took and fpoiled the fifh and fry therein, to her very great damage, and the little profit of themfelves; which was the third attempt upon this mill and poole; for which riotous fact, this lady Anne exhibits another bill in the Starchamber; And fending her man Thomas Stephens to ferve the defendants with proces, the faid Arden and others foundly beat him, for which battery and contempt of Juftice, another newe fuite was likewife raifed and profecuted. Sit Nicholas Poynz and Maurice Berkeley being ftrictly preffed with the fuits of this lady, for the riot committed upon the faid mill and poole, fomewhat to give colour to their fact, procured an Inquifition to bee privately found at Wotton by the Efcheator, virtute officij, in the 30* yeare of king Henry the 841, declaring how Inq: 33 H- 8- Henry the 841 in the 24* of his raigne leafed the Manor and Hundred of Barton to his father ST Anthony Poynz for one and twenty years, whofe executor hee was ; And that the watercourfe running between the manor and | hundred of Barton and 722 the manor of Bitton was eftopped by Thomas lord Berkeley the fifth of that name, when he new built that mill, And thereupon had overflown two acres of ground, one of the manor of Barton, the other of the manor of Bitton, which is now called Mangottesfeild poole ats Charnells poole, which Anne lady Berkeley now holds, but by what title they of the Jury fay they know not : This presentment the lady traverfed, 270 Che Eibe£ of the 2£>erftefep£ 1534 traverfed, And hereupon fo many bills in divers Courts, Indictements and other Suites, were multiplyed between them, That at laft the faid lady to give fome eafe to her felf, fled to her old mafter king Henry the 8* who granted her a fpeciall Comiffion under the great feale, to enquire heare and determine thefe riots and other mifdemeanors, and made her one of the Comiffioners, and of the Quorum ; Whereupon fhee came to Glouc, and there fate on the Bench in the publique Seffions hall, impanelled a Jury, received Evidence, found ST Nicholas Poynz and Maurice Berkeley and their fellowes guilty of divers riotts and diforders, and fyned them; And hence it is, that the coinon people in thofe parts of Yate and Mangottef- feild will with fome ftifnefs of opinion to this day, to the honor of this lady, (as they fuppofe,) maintaine that fhee was a Juftice of peace, and in the Comiffion of the peace, and fate with them upon the bench, But I have not otherwife obferved it, then as aforefaid. 5f toill not further weary this noble family with more of the braules and jarrs between thefe two families; I come to the end they tooke for the time ; ST Nicholas Poynz for two hundred markes, in the fecond and third years of Phillip and Mary, Carta in caftro de fold to this lord Henry the patent hee had from the Crown of the Rangerfhip and r'ey" keeping of Kingfwood fforeft, which his Anceftors Anthony and ffrancis before had held, And which Maurice lord Berkeley the Sixth, before them had alfo held ; for payment of which money the faid lady Anne became bound with her fon as a fuerty ; And the next yeare this ST Nicholas, leaving another ST Nicholas his fon to fucceed him, dyed ; the faid Maurice Berkeley his brother being dead before. Efcheat: 13. H.4. poft mort : Tho : Mowbray Coin : Marefc. 723 Diverfa muni menta in caftro de Berkel : Diu'fi compi inter record et fupervis: Tho. Jenifofi, et Dfise Eliz: nuper regine. Sot troubled was this lady Anne with thefe diffentions at home, that fhee fuffered this lord her fon to fuftaine loffe of treble more moment abroad; for whereas by difcent of inheritance hee had the one moity of the feignories and lordfhips of Catherlagh, Oldcroffe, and divers other Manors and lands in the County of Wexford, (yea two baronies,) | in Ireland, as a copercener with Thomas then Duke of Norfolk, A parliament was holden for that kingdome at Dublyn, the firft of May in the 2841 of king Henry the 841, whereat all lords and owners of lands were, by a law then made, under forfeiture enjoyned by a fhort day to come and inhabite upon them, whereby this lord became difinherited. <©f the Juftice of this act I will not fpeake, becaufe it was grounded upon reafon of State, as affaires then ftood ; But, as to the lord Henry, then but feaven- teen monthes old and the kings ward, and his whole lands under the kings rule and protection, 1613 Hife of J^enrn the f irjeft 271 protection, and of his Courts, in refpect of his minority, it feemeth hard, and with fome unreafonable ; And the more becaufe the Crown then feized upon them, and longe time after let them for yearly rents paid into the Exchequer there, untill king tempore Jacobi. James fold them away in ffee fimple. ^either would I have this family ignorant, that many lres and fome meffengers in the life of this lord Henry after his full age, and the marriage of his fifter with the Earle of Ormond, were fent to him about thefe lands ; But what through the Jarre that fell between that Earle and his wife, and of the fuits that continued between Queen Elizabeth and this lord Henry, and with her potent favorites and patentees, till her end, and for feaven years after her dayes, and for many other troubles that preffed hard upon this lords eftate, as alfo through his own indifpofition for Court fuites, nothing was effected or brought to any apparent forwardnes for ought I have underftood : Since his death I remember the new Earle of Thomond had twice fpeeches with the lady Elizabeth Berkeley mother and gardian of his grandchild and heire touching thefe lands, whereof I think hee hath part, and of the act that did difinherite this lord Henry ; And after wrote to her about a fearch to bee made amongft this lords evidences, but I knowe hee obtained nothing to the prejudice of her fon the lord George ; To whom I can leave noe other hope herein, then that the Crowns injuftice, (if I may ufe foe harfh a word,) to his imediate Anceftor, may bee the ground for fome future fuite from his Ma4e Anno: 14. Jaco : et. 16. Jacobi. %$ablz lady Berkeley, widow, having by her firft hufbands conveyance an Eftate in the manor of Callowdon for her life, And the revercon after her death to Maurice lord Berkeley her fon in ffee, joyne in a leafe in the 5* year of king Henry the 8* of the faid Manor, to Thomas Try their Cofen and fervant, (often before mentioned,) for his life, paying for the life time of the faid lady — ^334-18^44 And after her death lefs by twenty pounds a year to the faid Maurice and his heires ; which leafe, the faid lord Maurice | enjoyned his heire by his will, fhould bee quietly enjoyed; After that ladies death the faid Maurice in the 12* yeare of king Henry the 84\ not only confirmed that former leafe made by his mother and himfelf, but granted twelve years more to the faid Thomas Try, to bee accompted from his death, in recompence of the great charges hee had been at, and the many good and faithfull fervices hee had done to him, at the feidges of Tirwin and Tournay, and other places ; Thomas Try dies at Callowdon tthe Tenth of ffebruary in the 36'!* of king Henry the 8'.h ; This Manor being part of this lady Annes Joynture, fhee comes now to take poffeffion, but is kept out by Walter Horton EfqT, in behalf of his finis: 10. H. 7. in banco. Carta. 5. H. 8. in caftr de Berkel i Com.pleas:Pafcfi: 38. H. 8. rot. 448. 724 carta. 12. H. 8. in caftrodeBerkeley. 272 Ch* £ibe0 of the 25erftelep£ J534 Pleadings in Cane. 36. et. 37. H. 8. Pafcrt:38. H. 8. rot. 448. in Comon pleas. his mother the widow and executrix of Thomas Try, by colour of the twelve years granted by this later leafe ; This leafe the faid lady Anne accufeth to bee forged, And exhibits her bill againft them in Chancery ; they anfwere, Witneffes farre and neare are fetched and examined, and amongft others one Gerrard Try a Soldier from Bullen, a bafe fon of the faid Thomas Tryes; And the caufe coming to hearing was fent to bee tryed by action at coinon lawe, which by extraordinary labour and means paffed with the faid lady ; And fo after two years and a half Strugling, fhee obtained the poffeffion and overthrew that leafe, I will not fay unjuftly : But know ingly, I may fay, favour and freinds much helped and prevailed ; And in that fpace many forcible entries and riotous affaults were made, a part of the mote about that houfe filled up with faggotts, and foe affaulted by the faid lady, howbeit kept out both of the houfe and the greateft part of the Manor till tryall : After which the lady Anne to fortify her recovery foes out a fpeciall Comiffion in the nature of a Mandamus, to enquire what lands in the County of the City of Coventry her hufband dyed feized of; Whereupon an Inquifition was taken-before Bradfhawe the kings Atturney generall and others, by jury, in the 3* yeare of king Edward the fixth, who found the faid firft leafe, and as much more fpeciall matter as would befreind the faid lady : All which, befides the records which fpeake at large, I have had from the relation of old Robert Burbage father of Thomas the now bayly of Gofcote hundred, then fervant to the faid lady, and many years after to this lord Henry her fon, and imployed in this fervice, with many other paffages by mee omitted. carta in caftro de Chi£ Thomas Try purchafed an houfe and certain lands in Binly by Callowdon, Berkeley. (wherein John Prowtinge and Hugh ffowler, two of this lords fervants, of late dwelt,) And by his will left the inheritance of it to the faid Gerrard his bafe fon,, 725 formerly mentioned, then at Bullen, | who having depofed moft advantageoufly in the former fuites for the f4 lady, loft him the love of his faid mother in lawe and of her fon MT Horton ; And alfo kindled in them a defire to doe him any mifcheife ; And on the other part, the hatred the lady carried to the memory of his father Thomas Try for forginge the faid leafe, as fhee affirmed, (but untruly,) caufed her to caft injuftice upon him his bafe fon ; for, having now the poffeffion of Callowdon fhee feized upon this houfe and lands at Binly as parcell thereof, under colour that they were by one and the fame man longe occupied togeather ; Gerard Try comes from beyond feas, and petitions this lady for his right, but is rejected : Hee feeks to the Bifhop of Ely, then lord Chancellor, by petition, who refers him to the lady againe, efpecially charging him that hee fhould bee at quietnes with that good lady, (for 1613 Hife of J^enrp the ifirot 273 (for fuch were his words;) whereupon hee went with his writings to Kentifh Town by London, where at this begining of Queen Maryes raigne fhee often lay with this lord her fon, And telling her what the lord Chancellor had faid, and the caufe there upon of his coming, hee declared to her his right to the land in Binly out of his evidence, which (as hee accufeth her) fhee craftily catcheth up, and kept referring him to come to her to Callowdon where fhee fhould bee fattisfyed ; Thither fhee repaires, and thither hee follows in lent after, where hee found her with Bifhop Bond, that kept with her there that lent : Hee importunes, fhee denies, And in the end giving him 2o4 to beare his charges becaufe hee was come thither by her appointment, fhee bids him begone, and trouble her noe more, for the land fhee would have, or by Gods bleffed Sacrament, (that was ever her oath,) fhee would make him burne a fagott : And another time, upon his further importunity, fhee charged him to bee quiet, or (fwearing the like oath,) fhe would caufe him to bee burned for his religion. 45ctrarb packs againe to Bullen, and with the change of religion turns preift, and prefently after the ladies death getts into poffeffion of the faid houfe, but by force ; whom this lord Henry indicies at Warwicke Seffions upon the ftatute of the 841 of king Henry the 641, of forcible entries : But hee (having his right favoured) avoids reftitution of the poffeffion. This lord thereupon brings his ejectione firmse, whereupon iffue is joyned whether this houfe and lands bee the freehold of this lord or of the faid Gerrard : This fuite being mifcarried, this lord repaireth it by another, wherein hee prevaileth not ; Gerrard now poorly beneficed at Childewickham in the faid county, holding thefe multiplicity of fuites for vexations, delivers a writing of his own hand writing to the proper hands of this lord Henry, wherein, (befides his laying down all the former paffages,) hee plain | ly advifeth him not to inrich himfelf with wrongfull gotten goods, leaft it confume the reft of all his fubftance ; for confirmation whereof hee vouches to him five texts of Scripture, (not unaptly apply ed,) And tells him as plainly, That his father Tryes labour care and diligence redeemed to his Anceftors and him better than 1 700 markes a yeare ; And that hee himfelfe came from Bullen to teftify for his lordfhips mother in the title of Callow don, whereby hee loft his mother in lawe, and Mr Horton her fon ; And was by them thrice maimed and hurt for anfwering of matters on her Laps fide, (hee means, I think, in the affaults given about the poffeffion of the houfe,) who promifed him fourty pounds by the yeare for thofe fervices, but never had penny of her, but in the end was forced to get over againe to Bullen. Co 10 Eliz : Pafcti : 10 : Eliz. Rot: 238. in banco regis.Trin. 12. Eliz: Rot : 430. fbm. Manufcr : in caftro de Berkeley. 726 Hee meanes the feverall reftitu- tions temp : H. 7. &. H. 8. vide fols : [613, 674] 2 N VOL. II 274 Che ttibeg of the 2$er&elep£ 1534 Co bee fhort, Gerrard had good title but this lord had now the poffeffion and was powerfull ; Gerrard upon compofition releafeth all his right and title, And in recompence had from this lord an Yearly Anuity of fourty fhillings duringe life, carta dat : 28 and competent fum of money in hand : Chi£ is that houfe and land of late fold in Jacobi fee to Edward Woodward and Henry Lucas, to the ufe of the countes of Bedford, and by her and them to the lady Craven of London by the lady Elizabeth mother and guardian of the lord George, for two hundred pounds, with whom hee joyned in a fyne in his minority : And thus is this ill got peece flipt from the reft, before the full age of the third heire. Exodus. 1. v. 8. Ads: 7. v. 18. %t'& noe unapt digreffion in this place to fay, That its eafy to find a ftaffe wherewith to beat a dogge : when a new Pharoe arofe that knew not Jofeph, it was eafy to quarrell at the multiplication of his and of his fathers pofterities : Howbeit Mofes, from God, had. told all generations of Jofephs defervings towards Pharoes forefathers, and of their ill requitall of Jofephs pofterity : %nb the ftory of this Thomas Try, droppingly by mee delivered as occation required, in fower of the former lords lives, hath fufficiently affured this family of his great fervices to each of them in their fucceffive generations. And now by the cominge of this lady Anne, who knew him not, as fhee ought to have done, his reward for thofe fervices is quarrelled, and his fidelity and reputation wounded after his death, I may fay, unjuftly overthrowne : A fortune which I wifh none other fervant to this noble family may, without worfe deferving ever find. 727 Carta in caftro de Berkeley. Carta in caftro de Berkeley. %t this time, in the fourth of Q[u]eene Mary, Anno 1556, Cardinall | Poole out of his Apoftolicall authority and Legatefliip from the Bifhop of Rome, abfolved this lord Henry from all dangers of Excommunications, which in the late time of Schifme in England hee had incurred : And granted to him the faculty to ufe his Chappell in his manor of Callowdon, as of ancient time before the fchifme his Anceftors had ufed the fame : And to have there a portible Altar to fay maffe, to receive the body and bloud of Chrift, and to keep the fame in a box covered with a faire findon or Linen cloth, with candle burning before it. 3lnb by another inftrument at the fame time, the faid Cardinall by like Authority, grants to this lord Henry to have all the Tithes to his faid Chappie of Callowdon, which heretofore were granted by Pope Gregory ; And which fince have been accuftomed to bee paid thereto untill the late moft pernitious fchifme in England happened, what time the grant of the faid Pope was loft, which the Cardinall 1613 Eife of J^enrn the tfitgt 275 Cardinall doth now by his faid Apoftolicall authority and legatefhip, repaire, re- newe and reftore. tyi$ restitution to SfcerKeleu €a£tle, anb to the S&aronn of 2£>erfeelen. Cfjusf have I brought this lord and his active mother to the death of king Edward the fixth and entrance of Queen Mary, and him to the 19* yeare of his age ; At which time fuch accidents fell togeather upon this family, as I fhall feeme to thofe that read parcelwife and by broken houres, to relate them fomewhat out of order. 3f bflbe not only in the life of William Marques Berkeley, but upon occations almoft in each lords life fince him, touched in what fort that Marques for default of iffue of his own body, entailed the greateft part of his Inheritance upon king Henry the 7*, and the heires males of his body, And for default of fuch iffue male, the fame to returne. againe to his own right heires; And how the faid Marques dyed in the 7^ yeare of that kings raigne without any iffue of his body, And how that king entred thereupon, and was feized, and tooke the profits accordingly. % babe alfo related in what fort Maurice the Marques brother and heire | and „ 728 Maurice his fon were afterwards reftored to part, and regained other parts of thofe poffeffions ; Infomuch as of all thofe manors fo by the Marques entailed upon king Henry the 7* none remained in the Crown upon the death of king Edward the fixth, (the laft of that kings iffue male,) fave the Caftle, Manor, and Hundred of Berkeley, the manors of Hame, Appleridge, Alkington, Came, Hinton, Cowley, Wotton underedge, Simondfall, Erlingham, Slimbridge, and Hurft, in the County of Glouc, And the hundred and manors of Portbury and Portefhead in the County of Somerfet, And the manor of Kington in the County of Warrwick : As for the manor of Wefton iuxta Baldocke in Hartfordfhire, which was granted away in fee by king Edward the fixth in the firft of his raigne, it hath (as the cafe deferveth) a memoriall by it felfe. % habe alfo fhewed how at the death of king Edward the fixth, this lord Henry was within age, and in ward to the king for his manors of Tetbury, Bitton, and other manors in divers Counties, which difcended upon him by the death of the lord Thomas his father, holden by knights fervice in capite ; whereupon arofe a cafe of rarity and intricacy, which that venerable Judge of the Comon pleas, the lord James Dyer in his booke thus reporteth. IMIiam 2 N 2 276 Che Stibeg of the 2&erMen£ J534 Dyer. Trin Term. i. Mar. fol : 102. BMIiam Marques Berkeley levyed a fine of the manor of Berkeley to one Logge, come ceo que il avoit de fon done, by which fine Logge rendred the faid Manor to the Marques and to the heires of his body, the remainder to King Henry the 7* and to the heires males of his body, The remainder to the right heires of the Marques : That the Marques enters into the faid manor and dies without iffue, After whofe death Henry the 7* enters, and was feized in taile, and dies ; And the fame difcended to Henry the 8*, and from him to Edward the fixth, who enters and dies without iffue : By reafon whereof the remainder came to Henry lord Berkeley as Cozen and heire of the Marques, being within age and in Ward to Queen Mary : And that the faid manor of Berkeley was holden by knights fervice in Capite ; whereupon (faith Dyer) the queftion arofe, Whether the faid manor fhould bee in Ward to the Queen or not, by reafon that the Seignory was fufpended in Edward the fixth at his death ; And at laft (faith hee) it was refolved by the judges, That the Queen fhould have the wardfhip of the faid manor, not by her prerogative becaufe other his lands were holden in Capite, but by reafon of the tenure which is revived by the death of Edward the fixth in the perfon of the Queen: And it ought to have efcheated to her for want of heires of the Marques ; There fore (faith hee) the fee fimple was in confideratione legis. Thus Dyer. | 729 Pr : Seale : Dat : 8: Sept: 1. et. 2. Pfi. et Mar. Pat: n: Decr r. et. 2. Pfc. et Mar. 2£>Ut to take away all fcruples whether the Queen fhould have the profits of thefe manors thus reverted during the lord Henries minority or not, Shee the 8* of September in the fecond year of her raigne, awarded her privy feale, reciting therein the faid cafe, and the doubt in lawe arifing thereupon ; And to take away that doubt doth command the mafter and officers of her courts of Wards to paffe a fpetiall livery of all the faid Manors to this lord Henry, though hee bee not yet come to his full age : By which grace, clemency, and pitty, (for foe are Queen Maries words,) hee gained two whole years rents and more of thefe manors, as not coming to his full age till November in the third of her raigne. Ind: dat: 6. Dec : 1. et. 2. Pfi : et Marise. Lib. fub: figillo dat. n. Dec. 1. et 2. Pfi. et. Marise. Idem fub privato figillo de dat fM. 5lnb for the more certainty of what manors and lands this lord was thus to fue livery and to take benefit by the faid privy feale, hee in December following ex hibited a perticular note of the names and values of each manor and lands as were to him reverted after the death of king Edward the fixth, and whereof hee meant to fue livery ; which were not only the manors formerly mentioned in the Counties of Glouc : Somerfet, and Warwicke, but alfo this lady Anne and her follicitors ignorantly caft into the fame livery the fourth part of the moitie of the manor of Tiborne ats Maribone in the County of Middlefex, whereof noe benefit could bee taken, 1613 ttife of i^enrp the jfirot 277 taken, for that Maurice the fifth after reftitution thereto had, amongft others, fold it away to the lord Burgeveny, as in his life hath been declared. 3lltb in this livery, which is inrolled in fix Offices or places of record, is laid Mich: rec: 1. Mar. down all the Marques Berkeleys fines affurances and eftates by him created, as _ .' ' before hath been related ; And how by the death of king Edward the fixth the faid 2. Pfi.et Maf: rot. Caftle Hundreds and Manors reverted to this lord Henry as right heire to the faid '. in c C10- Orig: 2. ps. 2. & 3. Marques, which alfo Queene Maries Atturney generall, by the advice of the Judges pfi: et Maf. rot. of both benches, confeffed to bee true. 5lnb thus entreth the lord Henry upon 73; m fcaci°- thefe poffeffions, being the whole lands of his Barony of Berkeley and more, whereof Mar. ' ^m' Audi- none of his fower laft Anceftors had any poffeffion, but had refted in the Crown for tof bis. 61. yeares, 4. months, and 20. dayes ; And which then were of the value of — 3g -m fcagi0 687. 5! p Ann, in old rent, not accounting the Parks and Chaces therein. 3lnb the more to fortifie his new gotten poffeffions, this lord had alfo a pardon and a releafe Pat. dat. 22: ffeb: the 2241 ot February in the faid third yeare of Queen Maryes raigne. | 2 et 3. e ar. 3lnb the 8* of January in the 4t.h of her raigne the faid Queene, having recited 730 fower of the old charters and grants of this Barony, as well of the lands as liberties, 2: Carta? dat: 8. made by her progenitors, king Henry the fecond, Richard the firft, king John, and et Maf. in caftf Edward the third, (formerly by mee mentioned,) doth for her and her fucceffors, for de Berkel: 33? 4? fine, grant and confirme the fame to this lord Henry and his heires : And by her other Charter of the fame date confirmed likewife to him and his heires many of the old charters and grants of free warren within his demefne lands of Berkeley and all the herneffe nookes or corners thereof : And in Portbury and Portefhead in the County of Somerfet. 25ut whereas this lady Anne and her agents in behalfe of this lord her fon Ind: 20: Nov. 1. ~ r 1 ^ r tkt j ^ r et. 2. PK. et Mar. covenanted with the Mafter and furveyor of the Court of Wards, not only to lue livery of the forementioned Barony and of the manors and lands in the Counties of Gloucefter and Somerfet, which was well ; But alfo of divers other lands in the counties of Suffex, Surrey, and Middlefex, (indeed the felf fame whereof Maurice the Marques brother had reftitution in the time of Henry the 7* And which hee fhortly after aliened, as in his life appeareth,) It was a fecond groffe ignorance in them all, for which this lords purfe fmarted — 2 2o4- before I clofe up thefe paffages, I muft, though with fome forrow, recount to this noble family, That at fuch time as this lord was reftored to thefe manors and lands 278 Che Eibeg of the 25erftelep$ 1534 lands by.Queen Mary, That title whereby this lord after loft a great part of them was alfo in her by the Attainder of John Dudley Duke of Northumberland ; which whether then perceived by this lords Councell, or out of their general providence to make all fafe and fure, with knowledge thereof in particular, I know not ; but certainly they earneftly advifed this lady Anne and this lord her fon to take them ^ from the Queen, not by way of reftitution, which was the longer way and more chargeable, but as of her guift by dedi et conceffi, and with the ufuall words in all fuch grants, of ex fpetiali gracia, certa fcientia, et mero motu, which was much fhorter in time, labor and pleadings, more fafe and leffe chargeable ; whereto Queen Mary her felf alfo more inclined, afwell to enlarge her grace and favour the more amply to this lady Anne and this lord her fon, As to oblige this lord the more 731 ftrictly to her fervice : But this lady Anne who then ruled all the | roft, (this lord her fon then under one and twenty, unexperienced, indulgently foftered, thinking on nothing but the delights of Youth,) would by noe perfuafion affent thereto, out of a covetous purpofe which fhee had to avoid .divers leafes made of . thofe lands : by king Henry the 841, and Edward the fixth, which, as fhee was told by Counfell, were determined in lawe with the Crowns remainder ; As both this lord himfelf, (out of greife for that groffe overfight of his willfull mother,) hath told mee, and as I have heard from old MT Thomas Denis of Gloucefter at that time Sollicitor in thefe buifineffes, and from divers others, and as the fequell of her proceedings convinceth to bee too true : And therefore I may heare throw in the face of her memory thofe evills which this family fuffered by that her womanifh wilfullneffe, to the expence of above fifty thoufand pounds, as the refidue of this lord Henrys life, his faies of land, and other troubles, (nay all his troubles,) hence occationed and arifeing, will mani feft to bee true, whereof I will not forget upon the clofe of them, (for examples fol : 793. fake to pofterity,) to give her a fecond reproofe by the double accufation of this lord her fon. Chi£ lord Henry thus by way of reftitution in poffeffion of the faid Caftle Hundreds, and Manors, A generall veiwe, by vertue of his Comifion directed to Hugh Denis and others, was taken the fame yeare, declareing the eftates that each tenant had in each part of the faid Manors lands and liberties, in the Counties of Gloucefter; Somerfet, and Warwicke, foe reverted upon the death of king Edward the fixth, either by Copy, or by Indenture or at will, and digefted into a folio booke, Shellitoes booke. called Shellitoes booke, remaining to this day in Berkeley Caftle ; which paines of theires, though not great, was largely rewarded to each one of them with one or more of the beft of thofe eftates ; Howbeit in fome of thofe officers this humor abounded, 1613 Site of ^enrp tyz firgt 279 abounded, that much defired more, And fome of the old tenants muft bee thruft out of their beft leafes, made by kinge Henry the 841 and king Edward the fixth, before their covetoufnes could creepe in, under colour and pretext That their eftates for years or lives were in lawe determined with the Crowns remainder by y". death of Edward the fixth without iffue male, as hath been faid : Six of thofe tenants (where of fower had the Sirnames of Trotmans) | fpying the net, Joyntly fly by their petition 732 to the feete of that mercifull lady Queen Mary; whereupon fhee addreffeth her Lfe dat: 13. Maij tre to the lord Henry, fubfcribed with her own hand, telling him that fhee marvailed Berkeley Caftle. that hee would foe flenderly waigh the validity of her fathers and brothers leafes, confidering that hee foe lately enjoyed the inheritance of the faid lands by her liberality and favour, And therefore fhee being moved in confcience with the piteous complaint of the faid poore men, required him to permit them quietly to enjoy their faid lands according to the grants of her father and brother, And to doe fuch Acts for their further affurance, at their charges, as they fhould require, which would bee to her very acceptable and give the poore men caufe to pray for him. Thus the Queene. ChC fruite was, noe more quarrells were picked againft their leafes, but this noble lord, (that out of himfelf never meant them, damage,) permitted them to bee at quiett. before I enter upon the two unthrifty titles of this lords law fuites and of the faies of his land, I will deliver him to his pofterity in the other actions of his life, from the firft of Queen Mary forwards, (then in the nineteenth yeare of his age,) That the caufes of the faid unthrifty titles which next fhall follow may more groundly bee conceived. €btoarb the fixth being dead in July : Anno . 1553 , and Queene Mary fetled in the Crowne, her marriage was concluded upon with Phillip prince of Spaine, during which time this lords mother was bufied in regaining her fons forefaid Barony and poffeffions ; And Sir Thomas Wiat and his Kentifh complices in raifing Armes againft that forraigne marriage, and the entry of ftrangers into the land : Brett and others of the Queenes captains and Subjects then alfo falling unto Wiat from their own faith and her Allegeance, the Queene, diffident of many of her nobi[li]ty, refolved amongft others, (partly out of the correfpondance of this lords mother with her felf in religion, and partly out of the bounty fhee then had and was in powring upon her fon then but nineteen years of age,) to truft him more then many 280 €he %iMz$ of the S&erfteleng 1534 many others more aged and experienced ; Whereupon fhee fends her tres to him 733 togeather with her Commiffion, in January in the firft yeare of her raigne, | (hee then at Yate in Gloucefterfhire,) forthwith to Arme 500 of his truftieft tenants and fervants, and with all poffible diligence to attend her perfon then at Whitehall. Chijf lord, to his great charges, readely prepareth armeth and apparelleth that number, All of them drawn out of the parts about Yate and Berkeley ; for help whereto hee obtained a lone of money from his tenants from fourty fhillings to Twenty pound a peece, and gave bills of repayment, in like refemblance as kings by their privy feales borrow of their fubjects ; And for further fupply pawned his mothers and Anceftors plate, (much of which was never after redeemed,) And hav ing conducted thofe five hundred men about half the way towards London, (with many of whom I fince have talked,) the Queens Lres met this lord upon his way in the beginning of the next month, fignifying That Wiat was taken and prifoner in the Tower, and, his complices difperfed, willing them to returne into his Country and with his utmoft care and induftry to keep the fame in quiett ; Two hundred or more of which Armors yet remaine in Berkeley Caftle, rather as memorialls of this in tended fervice then fit for any moderne ufe : Which forwardnes of this lord in his Princes fervice in a time foe wavering and unfetled, and in his minority, when fhee knew not well whom to command or where Jto truft, Queen Mary the next yeare both remembred and commended in the warrant fhee figned for this lords fpeciall livery of the reverted lands ; makeing it a leading motive why fhee granted to him Priv • figill 8 livery of thofe lands with their rents and profits from the death of her brother, two Sept : 1. et. 2. Pfi. years and more before hee came to full age. et. Maf. in caftro de 3lnb alfo the faid Queene fent other tres to this lord, fignifying That where er e ey* fhee was by fundry wayes enformed That Thomas Wiat and fome others had of late by fpreading abroad moft falfe and vain rumors, procured to ftirre her fubjects of her County of Kent to arife againft her crown and dignity royall, Albeit fhee hath already taken fuch order as fhee doubted not fhall bee fufficient to repreffe and overthrow the unnaturall , conspiracy, yet hath fhee nevertheleffe thought good to require and charge him forthwith upon the fight hereof, to put himfelf in full order with as many of his fervants frends and tenants as hee can make, both on horfeback and on foote, to bee in a readines to march and fet forward upon one houres warn ing, either againft the faid rebells, or fuch other waies as fhall . bee fignifyed unto 734 him from her ; And in the meane time, to have good regard to the quiet | order of the parts where hee dwells, caufing all fuch idle and lewd perfons as fhall either by fpreading abroad of untrue rumors, or by any other ways, attempt to ftirre or dif- quiet 1613 Hife of i^enrp the f irgt 281 quiet her loving Subjects, to bee apprehended and punifhed as the quality of, their offences fhall deferve ; given at her Manor of ST James the 26* day of. January, in the firft of her raigne, Mary the Queen, with her own. hand.. $0t longe after, (like a young lord left to much to the bverfight of his own education,) hee came to London, fetled at Tower hill, frequented the Court, and fpent all his time at tenys, bowles, cards, dice, and in the company of his huntfmen and faulkeners, delights that drew on greater totalis in his Accompts at the years end then his revenue would fupport, efpetially two Joyntures of his fathers and grandfathers widows draining a third part thereout. 3fn ffebruary in the fecond and third of Phillip and Mary, this lord fueth livery for all thofe manors and lands which difcended to him after the death of his father, which, with their values are particularly inentioned in the end of his life : which noe fooner finifhed, but the lady Anne his mother bringeth againft this lord her fon her writt of Dower, wherein fhee was foe quick that fhee aver ran her fuite in time : but being an error betweene mother and fon, and hee looking after nothing but his fports, and all his fervants at her devotion, hee fealed what by her or them was tendered ; And foe befides her Joynture made by her hufband upon marriage, fhee now in lieu of Dower from this lord her fon, had the manors of Coldeverton, * » Mountforrell, and Gofcote hundred in the county of Leicefter, And the thirds of his manors of Sages, Tetbury, Daglingworth, and fframpton upon Seaverne in the county of Gloucefter, And of Manyngford Bruce in the County of Wilts, And of Afpele in the County of Warr, And of Hovingham in the County of Yorke, And his.lands in Calais ; Which later this lord her fon obtained after. .to rent of her at one hundred pounds pT Ann, for fourty yeares if fhee lived foe longe ; for true payment whereof hee gave her a ftatute of two thoufand pounds ; for it is to bee underftood, That till the Statute made in the 27^ of king Henry the 8* of tranf-.. ferring ufes into poffeffion, That Joynter might bee had', and Dower alfo, of lands foe transferred to poffeffion ; And thus with releafes of actions one to another, the mother and her fon parted their poffeffions. | 3lt this time, in the .micldle of Queen Maries raigne, what through this lords living with his mother at .Kentilh Town and Shoolane in London, and his daily hunting, in Grays Inne feilds and in all thofe parts towards Iflington and Heygate with his hounds, whereof hee had many and thofe excellent good, And what through the company of many gentlemen of the Innes of Court, and others of lower condition that daily accompanied him, And what through the fame amongft thofe Indent dated: 10: et. 22. ffebruarij Orig: 2:ps:2.et,3- PK : et : Mar. in fcacio. Carta : 5. Nov. 2. et. 3. Pti : et : Maf Carta. 3. Marcij : 4. et. 5. PR. et : Maf.Comp : 29. H. 8. in caftro de : Berkeley. Stat: 27. H. 8. cio. Coke. 4: rep: fol. 1. Coke pla: fol: 171. 172. Dier fol : 61. 97. 228. 248. 266.717. 340. cartae in caftro de Berkeley. 735 2 O VOL. II 282 Che £ibe$ of the 2£>erftelep£ 1534 Plow : Coin, fol : thofe ftuderits of his cafes of Reverter of his Barony and lands, and of the cafe 223;. touching Wefton Baldocke, (reported by MT Plowden in his comentaryes,) and of ; others partly before mentioned, that termly walked all this Queens raigne up and v down Weftrhinfter hall, and were points for every reporter and fludents note bookes ;in thofe Innes of Court; And what through his marriage .in one of the greateft " Check roll in families then of favor and obfervation, And of his one hundred and fifty fervants . Berkley Caftle. i-in livery, that, daily then attended him in their Tawny coates, And the opinion of -,-. ., _ "- . , his, mothers vertue and chaftity, then the only Sollicitor of her. fex in her own per- . .- . , fon, in -her own and fons caufes,- hee- was of as great note and hope as any of his • . ' v age and of that time ; But How longe that heigth of opiniqn held, and how by ¦y\ ' degrees' it wayried, the reft- of his life will tell his pofterity. Mich : 5. et, 6. . .: . . 3tnb in this time alfo began that great fuite inthe Comon pleas,; in an Ejedlio'rie. :?t '"••' banco1 ^rmS£- concerning the- manor of Wefton iuxta Baldock in the County of Hartford, Plowd. C,omv fol, . between Henry Wi.libn pft tenant for years' under ST Henry Cocke, And this lord ' .¦-.. ' ¦ -.'Henry defenT ; which continued frorn this tinie in argument and agitation at. barre.' -..".. : ¦ arid ' Bench, through' the power and mean-s of the pits leffor, and the . intricacy and ..'•'" corifequence of . it felf, untill the fifth year of Queen Elizabeth, when' this' lordvhad ¦ . . • ¦ Judgrnent and. recovered •;¦ wherein the principall point was, Whether the king was Stat: r-2, E. i. .bo'urrd'by the ¦Statute ;of. donis .cohditionalibus'or not, 'arifing- upon the- entaife of '. '¦ this manor created inthe 5* year of "kinge Henry the .7?, by. the Marques Berkeley • '• ¦-" • "tothe heires males .of the body of that king with the remainder to the right- "heires . • '; . of the Marque's,' as .'in. his life: 1 have already mentioned ; And uppii the Alienation^ ,;J ¦ of his grandchild king. Edward the 641, (now dead without iffue malej) in the firft of . •. -.his raigne to Sir' Wiftm; Herbert, after Earle of Perhbrooke, and to his heires, who fold.. the fame to St Henry .Cocke afore faid; Than which, the laws- have not afforded: Liber: comp:' a more learned cafe .'of that argument : $Htth 1 'having out of the. houfhold books of caftrodeSeley" this lord yet remaining, obferved' the lawiers fees of thofe daies, I find; That what. .736 time two or three- Sergeants. 'at lawe | and- other-great , counfell were drawn from . their Chambers to. conferences -at a tavern' in ffleetftreet, where'at this lord and his induftrious mother were prefenti there was given noe greater fee -then ten fhillings the peece to any of them. '-. .'"¦.'. ; .- Wt)\\$t the former fuite .depended; brake forth another in the third year of Queen Elizabeth, which had been fome former 'years in Hahlerin'g,' .And- Was • grounded upon an. old pretence of ritlepfetended;: by/ this lord.-.and Ms Anceftors to a place called Barrow Court iji. Tickingham in the Couiy;y:'Qf. Somerfet, with '• ' :"-" ' ' • '• " other 1613 Uife of ^enrp the tfitgt 283 Other poffeffions there, fometime the inheritance of Phillip Mead of Briftoll and. of " Richard his fon, father and brother of the lady. I fable, wife of the lord Maurice the fifth, of whom I have written in his life, againft Roger- Kemys of Wickwicke then- . ..' •¦ '•' in minority, forty years after receivour to this lord Henry ; Infomuch' as William ' ' * ' ' Coneftable and Jone his wife mother of the faid Roger and Executrix to' Thomas '- Kemys her former hufband exhibited their bill in Chancery againft the Major and. Bill- in Cancel* Aldermen of the City of Briftoll, And amongft other paffages fet forth, That two' 3-Ellz: " •¦/•' chefts of evidence of the faid Thomas Kemys were in" the 3"7*'6f king- Henry the .-/,.•• • --¦' -' S'T'upon her departure from thenceinto DevpnfhT, committed to .the. fafe keepihg- of- • \ -.' 'y'\ the Churchwardens .of the parifh "church of Ratcliffe by Briftoll,. from whence; ..';.' '.'¦' fhortly after, upon a "tre written -by Marques Pa wl'et after ford' treafuro'r. and then Mafter of the wards, to the Maior of ¦Briftoll> ihe (faid chefts were thence -refnoyed ..'•* • info the Town hall of the faid Citie; arid fealedj-with' thfee'lock's '; -And "was foe done- order:. 3: Eliz:" upon a pretence of Title That Artne lady Berkeley in behalf of this lord her'fon, .. . . *-*. •*""¦''• . ¦ then the kings ward; made to the. faid lands ; Anfwere fwas inade" to. that bill, And-^ '•<•* • '•' .--. . the'caufe coming to hearing; 'And" the chefts by this fords means,' (who -put himfelf* ' . -.;- '* ¦ ';' as- a party into this fuite,) brought" .by dr!der into the. Chappie and. ' ¦'¦'¦•-.. -."-" ' opened, and p'ernfed. oy Cordell then Mafter- of the Rolls' in prefence bf'Cpunfell on • . ' '••¦ »: ' • both fides,: -This -lord 'Henry 'was found -to. have noe. title to; fhe faid' lands", but was'. , .: '"'• ' '. -barred by-jinatter of -record found in the faicomrrion" feale- of that-'City, declaring that -the. fifth, of October coin Glouc.' ' .' in. the. fifth of Edward the fixth .Thomas . Paey Alderman and- juftice' of the peace, ;. / • ' .and William Appo^ell, marcharit-,- depofe ' :. .. . ¦ , difcended from one Phillip Mead/ fometime Maior- of that Citje, lying in the faid _•_ ¦'¦'/•• Citie- and- Subprbs,' -which ought" 'arid fhould appertaine Xo' the. honorable lord ¦ '. Berkeley and his heires, And that they know, that- bne' Arthur Kemys 'deceafed held ' - ' all the faidlandsv Arid- the .lord Berkeley arid "Kemys wereWn ..contention for the fame, which variance, was -referred.- to! ffit'i James cheife Juftice, wher awarded the v poffeffion to Kemys -foir: 'his life, Arid after " to the faid lord and his heirs : But •'4uefy6ri^es;;.thiswas. a' lying .certificate in the .ma'teria'll" point, gotten by the faid lady Anne-and made-'partially in-'ne'r favoiiri' as' the priginall award undef.: thofe Judges Award with Arthur hands which r have read'plainly declareth, .convincirige it of groffe falfhood. • wic™ey .. -• .-•' '/*':'' - - - ' • •-••¦' ^' ''• ' fn 2- O 2 284 €he Hibeg of the 2&erftelep£ 1534 Comp : Walter Shipw : fenli : hofpicij 2 Mar. in caftro de Berkeley. Comp: Hofpicij. i.- Eliz. in Caftro de Berkeley. 738 3fn September in the fecond of Queen Mary this lord maryed the lady Katharine Howard, at the Duke her grandfathers houfe in Norfolke, (of the life, death, and funerall of which lady Katharine I have much to write,) whom fhortly after hee brought to his houfe at Tower Hill ; from whence going by water to Green wich, (where Queen Mary and her hufband king Phillip kept their firft Chriftmas,) to the Mafque on Twelvth day, thefe chargeable ornaments were provided, as the Stewards booke of houfhold hath them ; vizT ; Paid for 2 pair of fine hofen for my lady to weare on twelvth day — 4? 84 for a Velvet hatt for my lord — 3T for a fine boungrace and a mufler for my lady the fame day — 8f ffor two fine fmocks — 3s. 9? 3llnb more, (the fame yeare,) for two paire of hofen for my lady — 4? 3finb being now accidentally entred into this lord and ladies Wardrobe, Take their apparell five years after made againft the Coronation of Queen Elizabeth ; vizT for one Dublet of crimfon fatten laid with filver lace,; with filver buttons, lined with crimfon farcenet, And his breeches of crimfon velvet lined with crimfon fatten ; One other dublet-of white fatten, and breeches of white Velvet lined w4* white fatten, laid with filver lace; His points of black, white, and red ribbond ; his hatt of crimfon filk and filver, And another hatt of velvet fet with aglets, with a white feather, (fome of which aglets I after faw with this' lord ;) The fcabbards of his two rapiers and daggers were the one of white velvet, the other of crimfon.; His guilt fpurrs with velvet leathers of the fame colours, And his fhoes of crimfon and white velvet : As for the aparell of his wife, 1 obferved only, (out of the faid. Accompt, ) That her | petticote was of crimfon fatten, And her gowne Pf cloth of gold, and her fhoes of crimfon velvet. Comp : hofpicij 91nb two years after, hee furnifhed himfelf with a white fpanifh leather Jerkin 3" EdeR^rCw ^a"* w'tn wn*fe filver bone lace, (foe are the words,) with filver buttons, and white leather bufkins. de Berkeley. 3Jlnb thus up and down all the time of Queen Mary removed this lord and his wife, with feldom leffe (often riiore) then one hundred and fifty fervants in livery; between Yate, Mangottesfeild; London, Callowdon,' and other places ; And ufed to hauke as hee travelled thofe waies, making his removes from thofe places to London eight days at leaft, and as niany back againe. . - Comp. hofpicij in J^abing in his firft fower years after his marriage' much over ranne his purfe,- eifdem annis m u • 1: 1 n. r r\ * * - '• • ¦ ' " ' caftrodeBerkeley. Wee in the. laft of Queen Mary and fomewhat before fojourned w* the Counteffe of Surrey his wifes mother'at Ryfinge in Norfolk, himfelf and his lady at ten millings 'the. 1613 Hife of ^enrp the jfirgt 285 the weeke, her gentlewomen at 4T — And their gentlemen and yeomen at 3T the weeke ; from whence they came to London the 5'.h of January, And thence returned againe the ninth of ffebruary by Ware, Barkeway, Newmarket, Soffam, and foe to Ryfinge, whither when hee had brought his wife, hee in fewe days after returned to London ; And living with his mother at "her faid houfe in Shoe lane, fpent moft of his time at cards, dice, tenys, Bowling-ally, and hawking and hunting neere that~~ Citie. 3(n July in the faid firft of Queen Elizabeth hee returned to Ryfinge, And from thence with his wife and family by the waies of Newmarket, Cambridge and Northhampton, came to Callowdon by Coventry : where the firft worke done was the fending for his buckhounds to Yate in Gloucefterfhire : His hounds being come Away goes hee and his wife a progres of buck hunting to the parks of Barkewell, Groby, Bradgate, Leicefter forreft, Toley, and others on that fide his houfe : And after a fmall repofe, Then to the parks of Kenilworth, Afhby, Wedgenocke, and " others, on the other fide his houfe : And this was the courfe of this lord (more or leffe) for the thirty next fomers at leaft ^ not omitting his own at Callowdon and in the county of Gloucefter. 2tnb his wife being of like honnor and youth, from this firft of Queene Elizabeth to the beheadding of her brother the Duke of Norfolk v thirteen years after, gave her felf to like delights as the Country ufuailly afferdeth ; wherein fhee often went with her hufband part of thofe hunting Journeys^ delight ing her crofbowe : kept commonly a caft or two of merlins, which fometimes fhe mewed in her own chamber ; | which falconry coft her hufband each yeare one or 739 two gownes and kirtles fpoiled by their mutings : ufed her longe bowe, And was in ( \. . - thofe daies amongft her fervants foe good an Archer at butts, as her fide by her; was not the weaker:, whofe bowes, arrowes, glove, bracer, fcarfe, and other lady- .: . : like accomodations, I have feen, and heard alfo her felf fpeak of them in her elder 1 : yeares; which. partly by the death of that noble Prince her brother, -and partly by the troubles thai then invaded her hufbands eftate, were, broken of, and much dif- ¦ • .continued. . . » - 5lhb- thus lived this lord and his wife betweene London, -the Dukes houfes in ¦ Norfolke, Callowdon, and Berkeley, never longe at one place, the firft thirteen© yeares of Queene" Elizabeth-: 0!n which their travells, (if both togeather,) they were feldom or never attended with fewer then one hundred and fifty fervants .in their tawny cloth coats in funimer, with the badge of the white Lyon rampant inabroi- See fol. 8. .dered on -the left fleeve ; And in coat's of white frize lined with crimfen taffety in the 286. €he Eibejef of tyz 2&erheiep£ 1534 , the winter, ThisUord allowing, only cloth, buttons, and badge ; amongft whom many - ,. were gentlemen and ' Efquiers of rerriarkeable families and difcent, and of alliance • to this houfe ; Many of whom I lived to fee and know and to talke of thefe times : : .•• -And have .with fome of them then in neareft relation arid place of his revenue, . , -. ; expoftulated why they would fuffer their young lord and lady his wife to runne '."'•- yearly i5oo4- at. leaft into expence above their utmoft incombe, each year, (orjecond .' - . , ' -atjeaft,) fhortning the fame by fale of a Manor, having noe fuites in Jawe^ nor .'-'daughters then marryed away, forraigne embaffies, domeftike,,. fervices in Court or '.- - - Country, noV any other extraordinary caufes of expence in the world.; And not /' .).'•' ¦ either as kinfmen out of affection, or as fervants out of Duty, to advertize them ;'•' .' .thereof; And "to pray them- to think on the end in this their beginning and middle. '•'..; . ' v -Whereto Jeffry Ithell,. (that lords Auditor from the firft yeare of Queen .Elizabeth ¦ • * till. after the fortieth;) once gave mee this.. infteed of anfwere; My prayer fhall bee v . •- • -that youvfee' noth'is fon Sir.Thoftias (now your young mafter) doe the like, or worfe ;. ••'-... * hereafter- in a worfe manner then ' houfkeeping,' and to bee attended with, many • •• • ¦: - ".' followers; And- -(all they now dead) I reply, (after twenty fix years' filence,) and '.'pray, That his fon- the now lord George may riot after his full, age tread in thefe . ' unprofitable- fte'pps of his father: and -grandfather : What' ST Thomas did, -thefe rela- . ¦»-'.' tioris will declare : What his fon the forcj George will doe, I hope himfelf ' (Julius j .- .•'¦ .740 Csefar like,)'by'his own-oomentariesof his- own life, will tell- that male pofterity of ' .. t his,- which . I. pray the- God- of heaven fhortly. to blefs him withall ; 5H'true way-to, attaine the knowledge of himfelf' and to difcerne the"hpnor or errors of "his -own - - . .actions ; ' But moft fure it is, That in the. tithe of Queen Mary when' this lord' Henry- •• .,' entred upon his lands' difcended to'hirh from his father, and alfo upon his Barpriyof ' Berkeley and thofe manors which reverted to him after, the death pf "king Edward:'' the fixth, as before hath been faid, That hee had rnany flatterers arid ficOphants^ as well of his. own family as out' pf London, Captaines, Schollers, Poet'ts, caft-' courtiers^ and-the like, -That for their private ends huriiored hirri and his wife, riiaking them to conceive "that their eftate and yearly revenue w.a's greater .thenX'that "they could. | exceed it ';.-' which would -afford an expence at pfeafure, And-to give without fear « of- want ; whereto . they liftenfrig with too open an. eare, for; facile' crediriius quod yo'lumus, It came • to p.afs, that within two or- three years, they 'we're unknowingly ' caft into a great debt, ere.they earn© to, difcerne their eftate ;¦ A-nd'.:to take off-. the- : fa'me, (after- borrowing upon -mortgages;'." Statute*, and. pawnes;)- this lord began to • fell his land; A courfe hee pverlonge aftei: continued in, as that title' too manifeftly/ caftrodeBerkeley. 'declares, expending one year with-'ahpthef -all that time of Queen. Mary arid-divens.' years ' after- 1 5106".- p anfl at leaft, as 'by.; the' medium, .-.'(which I with foiriehpurs , ¦ "-.''• • . , . • expence . div'fi compi: Rec et at- offie : in 1613 Itife of ^enrp the tfim v -/* 287 r expence drew out of his officers accompts of thofe times,) appeares; above his j ordinary, revenue, arid the fines and other cafualties that his eftate prefented :. <3Che • obfervation whereof 1 held the more remarkable through the knowledge I after ' tooke of his principall Officers which in thofe times managed his eftate and affaires, . ' ..>•'-•- ' as Thomas Duport, .a wife man, Hugh Denis, Martin Petit, Walter -Shipward, ; . <, Thomas Denis, Thomas ffranfham, Robert Cox, William Shillitoe, Anthony Corbet, ¦/'..' ¦Edward, Bucknam, fferdinando Ligon, Henry Ligon, Richard Bedale,' Thomas .- !-. Jevais.and Jeffry Ithell his Auditor ; fix of them his ktnfiheri, as in 'the! proper"' v- places of their difcents appears.. . • .. - .'. •..'.-.'•. --.-.-.--. ¦': S?n the fecond of Queen Elizabeth began this lbrd'to prefent her Ma'Te. with *Con%: Thome ; ¦" - :, ..- '-.j -j- j i.i -f - '• \ V ' 1' - ' , .;ftranfham:2..Eliz: ten pounq yearly in gold at new years tide, and his wife with -five pound ; which' in'caft:.de Berke- courfeftiee held during her life, And this lord the reft of, the Queens daies : % nb ley- ' iV was never unmindfull of yearly fending, Lamprey pyes, . Salmon,;. Venifon -red* and.-. '.'¦'.. i .. fallow, and other fmall tokens, to Judges, great officers of Stated privy Counfellors '.'•„¦'; and Lawyers, whereof hee reaped both horior. and- profit, an hundred- tirries. more An«o.. 2»,Ehz i . than the charge. «S£he fame year hee fent the lord, keeper for his |" new-years guift '.-741 ten- old angells, which gave him the mmdfullries of 'putting ljim into the'Corriiffion ' - '." .; .of the peace, wherein afwell in that\Couhty; of Gloucefter as. in two others : hee con- '".' y ¦;• tiriued all the refidue of his life; ffor which, implpyment; becaufe through' his jnothers '-. . •-.- fault his education was not fitted, ;hee brought his. fervant Thomas Duport irito->~ .' " ,r " •• equall .authority With him, Wherebyhis own unaptnes was' fofs perceived, and the buifines of the Country riot, worfe difcharged. ¦ • - • i f ig'Chriftmas, (as'mpft part of this fecond year-of Queen Elizabeth;) hee ke.pt sm^waSn r fdem at -Yate with great port and fplertinity,- as the e'xtraprdiriary guilded difhes, the ¦ temp: in caftro de vanities of Cookes arts, (having none, other guefts-hiit .the gentlemen' arid -rurally of. Berkel?y- the' Country,). ferved to the table on. Twelvth day, well declare ; whereof one was a; whMe bore ^riclofed 'in- .a pale workriianly giiilt by a Cooke hired ffbm Briftoll", - ,-• ...- as the "Clarke pf. the Kitchens booke 'declareth :• In perufall whereof"; I -.could not . • •.."¦'' obferve how that' di'fti iwas i brought unto i the table.. , ¦' '.. ' *'• .. • Sfn Which yeare haying in. March, extreamly heated, himfelf- by chafing on foot a, tame Deere in Yate .Parke, -with the violence thereof fell into an imo.derate ble'ed.- ing at the nofe; for the ftay' whereof by the ill counfell of fome about him, .hee elapt ¦his-whole face'into a bafpn of cold water, whereby .that flufh and fumes of his nofe • which- forthwith arofe, could never bee'tentedied;. though- for prefent help hee had .... . Phyfitia'ns 288 €he Hibeg of the 2£>erftelep0 *534 Phyfitians in fewe daies from London, And for better help came thither himfelf not longe after to have the advice of the whole colledge, and lodged with his mother at her houfe in Shoe-lane. %i$ Haine guitejS. % am by courfe of ftory and promife now fallen upon the time wherein I fhall deliver to this noble family the fecond greateft blow and wound that the poffeffions thereof at any time received ; The roote whereof, (watered with the powerfull prerogative of the Crown,) thus grew up and bore thefe difaftrous fruits, as now followe. 742 fol : 480. <3Ehe fifth of October in the firft of Queen Mary, (her brother king Ed- 1 ward the fixth being dead in July before,) began the parliament at WeftmT which con tinued by feverall prorogations till the fixth of December ; In w* John Dudley Duke of Northumberland, John Dudley Earle of Warwicke, ST Ambrofe Dudley knight, (after Earle of Warwicke,) Guilford Dudley EfqT and the lady Jane Gray his wife, Henry Dudley EfqT, ST Andrew Dudley knight, and fome others, having before been convicted and attainted by courfe of the Comon lawes, And the faid Duke (with others) executed the 2 2'!1 of Auguft hefore ; their faid convictions and attainders were approved and confirmed, And they by this Act againe cpnvi<5ted and attainted of High Treafon, and adjudged to forfeit all their honors, manors, lands, tenements, rights, &c. By reafon whereof that right of entry (nbt of adlion) which the faid Duke had at the time of his attainder as heire to the lady Margaret Countes-of Shroefbury eldeft daughter and coheire of Elizabeth daughter and fole heire of Thomas lord Berkeley the fourth of that name, to the manors of Wotton, (comprehending the burrowe of Wotton, and the fower hambletts of Nibley, Sin well, Combe, and Wortley, which make the manor of Wotton fforren,) Simondfall, Erlingharii, Sages, .the third part of the manors of Came, Hinton, and Slimbridge, And to divers -lands in Came called Corrietts, And to divers lands in Alkington called Holts, difcended and came to. Queen Mary ; The pedigree of which Duke in the life of the faid Thpmas.the fourth from the faid Elizabeth that lords daughter and heire, is at large already there laid down. Pfe^Mar^ot' <©Uem Mary upon this title againft this lord Henry, (whom to thefe manors ;4- in fcacio cum and lands, amongft others, fhee had reftored not fower years before,- upon his rem regis, remainder for want of Iffue male of the body of king Edward the fixth,) exhibited an Information of Intrufion in the Exchequer for intruding thereinto without title. '" " . This 1613 Hife of ^enrp the tfirot 289 This lord pleadeth thereto, And foe that fuite flayed, upon what caufe I know not, neither could this lord remember, when a fewe years before his death I afked him, ... . hut thought, upon the death of Queen Mary ; But the fame Terme Twelvemonth after, was the like Information put in in the name of Queen Elizabeth upon the Pa: 1. Eliz: rot. fame title, And fomwhat better couched then the former ; At what time ST Thomas 36- Parry then Treforer of the Queens houfhold and one of her privy Counfell, after mafter of the Wards, openly fhewed himfelf therein as an abettor of the fuite, as hee was in the former : 0[t was the | wifdome of this lord and of Thomas Duport 743 his fervant, whom only hee advifed withall, to put nothing to the hazard of a tryall, (efpetially fuch a Counfellor of State in the Queens behalf declaring himfelf an adverfary and Sollicitor) And thereupon a nihil dicit was entred, with a-falvo jure for the Queen, and foe relied ; which to mee would feeme more ftrange, fave that ST Thomas Parrys eyes were blinded and his hands bound with a leafe of Siriiondfall farme made the 8* of May that fame Terme this- information came in, for three fcore years from Michaelmas 1578 . at the rent of ten pound two fhillings ; And Arm,°- 20. Eliz: a fine the next Terme leavyed by this lord for confirmation thereof, by the name fig;ij.' f^. g4g of the manor of Symondfall and Wotton underedge ; which I fuppofe liked him the better becaufe it adjoyned to his manors of Caldicote Lafborrow and others in thofe parts ; Howbeit, it proved little beneficiall unto him, dying within two yeares after. fat difcharge of which alienation by the faid fine, being without licence, A pardon was after pleaded ; And the mouth alfo of Richard 'H ewes an Atturney then dwelling in Wotton, and the title bringer and Sollicitor to ST Thomas Parry, was clofed by Thomas Duport aforefaid with an Annuity of ten pounds. pT Anil for his life; The death of which H ewes was after in a ditch upon London way by the bridge a mile and half on this fide ffairford. Mich: g. Eliz: rot. 169. cum rem thes : in fcacio. Chu*f flept this title, (what ever it was,) in the Crown, quietly without awaking, Leices? comon till Thomas Duke of Norfolke, (whofe fifter Katharine was wife to this lord,) was printed : 1584'. at the kings bench barre condemned for Treafon. the 1-6* of- January in the 14* of Queen Elizabeth ; whofe fall, whether furthered by the policy of that prudent Statefman Robert Dudley Earle of Leicefter fon of the faid Duke of Northumber land, (as fome have written,) or not, I have not to determine ; But when that great and affectionate friend arid brother in law of this lords was foe caft down, (and his head taken off the fec.ond pf June after,) forthwith came in the next Terme an Hillar: 14. Eliz Information of Intriifion into the Exchequer againft this lord, (longe before plotted and 2 p vol.. ii 2Qo €he Eibeg of the SfcerMepg 1534 and prepared,) for intruding into the faid Manors of Wotton and Symondfall and for taking the profits thereof fince the firft of her raigne ; wherein after pleading and iffue Joyned, a tryall was by jury at the Exchequer barre, whereat the Earle. of Leicefter was prefent in perfon as the promoter and follower of that fuite, who now like a ftorme amongft weakened waves wrought high, and all to bee rufled this 744 family into a fome of fury, bringing with | him divers other Courtiers of eminency to countenance the caufe : Hee at this time having a private promife in writing under the Queens hand and fignet to have this land, which I after met withall and is now in Berkeley caftle. The verdidt paffed againft this lord ; (hereafter I fhall fhew how and by what means,) Judgement was- given againft him in Efter Terme in .the 15^ of Elizabeth, And the I8'!1 of May removed out of the poffeffion ; But, veniet iterum, qui te in lucem reponet, dies ; ' Time againe will bringe the day • ' Of thy returne, to flay for ay. ¦3The third of June following were thefe manors extended and valued by the Sherriffe at — 251". 3? 4d. ob. old rent per Ann ; And the firft of July following was a perfect furvey made of thefe Manors by Comiffion out of the faid Court, by ST Giles Poole and others, whereby alfo this lord was found to have unjuftly received of the rents, fines, heryotts, woodfales, and other profits, 50241? 1 2s. 8d, Each tenant and occupier of any part being- fworne to deliver his knowledge, for anfwering Anno : 15. Eliz: whereof this lord ftood charged : (Che. 7* of the faid July by vertue of another Commiffion directed to the faid ST Giles Poole and others,. the Queens title to thefe manors was found in this county by Jury at large, with all the mean conveyances,* As Atfeilds old deed of entaile, The fine to the heires males in the 23^ of king Edward the third, The particon. amongft the three lady-co-heires in the fixth of king Edward the fourth, the attainder of the faid duke of Northumberland in the firft of Queen Mary, And by her death difcent and right of thefe manors to Queen Elizabeth. '