Few words, but folding vp a multitude of inconueniences to herMaiestie, & the whole Commonwealth.
Wherefore the Cornish Iustices of the peace, became humble suiters to the Lords of her Highnes priuy Councell, for a necessary and speedy redresse herein: and through the neuer fayling forwardnesse, and backing of Sir Walter Ralegh, obtayned a reuocation. Howbeit, this ill weed, rather cut off by the ground, then plucked vp by the roote, once, yea twice or thrice grew forth againe, but yet, maugre the warmers and waterers, hath by her Maiesties gracious breath beene euer parched vp, and (as is hoped) will neuer shoote out heereafter, at least it shall still finde an vnited resistance, of most earnest suit, and pregnant reasons, to beat it downe.
The Earles had foure houses, builded Castle-wise for their residence, viz. Trematon, Launceston, Restormel, and Liskerd. But since the principality of Wales and this Duchy became united in one person, the larger scope, and greater commaund of that, hath robbed this of his Lords presence, & by consequence, the strength of these Castles could not so gard them, against the battery of time, and neglect, but that, from faire buildings, they fell into foule reparations, and from foule reparations, are now sunke into vtter ruine.
King H. the 8. affecting his honour of Newelm, & respecting the commodities, which Wallingford Castle might afford it, tooke this last by act of Parl. from the Duchy, & in lieu thereof, annexed certain manners lying in Corn.falne [81] to the Crowne, through the Marques of Excesters attainder: which Queene Marie afterwards restored in tayle to his sonne, the Earle of Deuon, and vpon his issueles decease receiued them againe.
It were against duetie to make question, whether in this exchange, the kings meaning went with his pretence; and yet wee finde it an ordinary policy amongst Princes, to send their successours, with a kinde of libera, or honoraria legatio, into the remoter quarters of their dominions, as if they would shunne occasions of ielousie, springing from an ouer-neere neighbourhood.
Howsoeuer, the same King, not long after, passed away, this Castle, vnto Christs Colledge in Oxford, who vse it as a place of retrayt, when the Vniuersitie is visited with any contagious sicknes.
I haue vnderstood, that question is made amongst men of knowledge, what is become of this Duchy. Some holding it altogether extinct, for want of the kings issue male: some auerring, that it is suspended in nubibus (as they say) pro tempore: and some supposing, that it continueth in full power, and that her Maiestie hath onely custodiam ducatus, as of Bishopricks, sede vacante. Penes Iudicem lis sit. Once, euery Sheriffe is summoned to enter his account in the Duchy Exchequer, at Lostwithyel, and from thence, referred ouer to the Exchequer above.
Cornwall considered as a part of the Realme, sorteth her gouernment into two kindes; spirituall, and temporall.
Touching the spirituall: In ancient times this Shire had his particular Bishop: and I find, how in the yeere, 905. Forinosus the Pope sent a sharpe letter to Edward the sonne of Alfride, reproouing him, for suffering the West Saxons to be destitute of Bishops seuen yeeres together. Whereon, by the aduice of his Councell, and Arch-bishop Pleymund, he ordayned seuen bishops in one day; amongst whome Herstane was consecrated to Cornwall, and Eadwolfe to Crediton, which last had three townes in Cornwall, assigned him, to wit, Pontium, Coelling, and Landwhitton, that thence he might yeerely visit the people, to root out (as mine author sayth) their errours: for before, as much as in them lay, they withstood the truth, and obeyed not the Apostolike decrees. Whereon I ground two collections: the first, that the light of the Gospell tooke not his originall shining into these parts, from the Romish Bishop: the other that the Cornish (like their cousins the Welsh] could not bee soone or easily induced to acknowledge his iurisdiction. The Bishops see was formerly at S. Petrocks in Bodmyn; but by reason the Danes burned there his Church and palace, [979.] the same remooued to S. Germanes. After that, Lumigius, from a Monke of Winchester, elected Abbot of Tavistoke, [1031.] and from that Abbey, aduanced to the Bishoprick of Creditune, by his grace with Canutus King of the Angles, obtayned an annexion of Cornwall (lately fallen voyd) and so made one Dioces of that and Deuon, as it hath euer since continued. This Bishoprick had diuers faire houses and large reuenues in Cornwall: but one Veyzy, Bishop of the dioces in King H. the 8. time, coniecturing (as it is conceyued) that the Cathedrall Churches should not long ouer-liue the suppressed Monasteries, made hauock of those liuings before-hand, some by long leasing, and some by flat selling, so as he left a poore remainder to his successours.
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It oweth subiection to the Metropolitane of Canterbury, and hath one onely Archdeaconry, which place is now supplied by master Thomas Sumaster, who adorneth the Gentility of his birth, with the honestie of his life, and by both sorts of feeding, approueth himselfe a liberall and commendable pastor.
Certaine Peculiars there are, some appertaining to the dignities of the Cathedrall Church at Exon, to wit, S. Probuss, and S. Peran: and some to priuate persons, as Burien and Temple.
[Anno Mundi 3172.] For religious houses, I read, that in the time of Paganisme, Cunedag builded a Temple in Cornwall to Apollo, but where it stood I know not. Since it made roome to Christianity, my (not ouer-curious) enquiry hath learned out these:
Pryories, at S. Germaines, Bodmyn, Tywardreth.Nunries, at S. Martine.Fryeries, at Launceston, Truro, Bodmyn.Colledges, at Peryn, Crantock, Buryen.Hospitals, at Helston.
Of parishes, the County hath 161. as master Camden noteth, and as others haue, about 180.
Doubtles, the Hierarchy of our English Church, if it were kept fast to his first institution, might with his far better effects, close vp their mouthes, who would thrust vpon vs their often varying discipline. But albeit neither our time can well brooke it, nor the succeeding would long hold it: yet it shal not do much amisse, to look vpon the originall beauty thereof, if (at least) I be able to tricke the same truly out, & doe not blemish it with my pensil.
At the planting of Christian religion, Monasteries & cathedral Churches were likewise founded, which serued for seed plots of the ministery, & sent them abroad in yerely progresses, to labour the Lords vineyard. Afterwards, about the time of our last conquest, the country was sorted by a more orderly maner into parishes, & euery parish committed to a spirituall father, called their Parson, who stept into that roome, not by election (as some imagine) but mostly, by the nomination of him that eyther built the Church, or endowed the same with some liuelyhood, or was L. of the soyle where it stood. As for Vicarages, those daies knew few, for they grew vp in more corrupt ages, by the religious houses encrochments. Besides this Incumbent, euery parish had certaine officers, as Churchwardens, Sidemen, and 8. men, whose duety bound them to see the buildings & ornaments appertaining to Gods seruice, decently maintayned, & good order there reuerently obserued. And lest negligence, ignorance, or partiality, might admit or foist in abuses, & corruption, an Archdeacon was appointed to take account of their doings by an yerely visitation, & they there sworn duly to make it. He & they againe had their Ordinary, the Bishop, euery 3. yere to ouerlook their actions, & to examine, allow, & admit the ministers, as they and the Bishop were semblably subiect to the Metropolitanes suruey euery 7. yere. For warning the Clergy, & imparting their superiours directions, the Curats chose yerely their Deanes rurall. The Bishop, in his cathedrall church, was associated with certaine Prebendaries, some resident, who serued as his ghostly counsel in points of his charge, & others not bound to ordinary residence, who were called to consultation, vpon things of greater consequence: & for matters of principal importance, the Archbishop had his prouincial Sinod, & the whole clergy their national.
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Now then, if euery one thus entrusted, would remember that he had a soule to saue or lose, by the well or ill discharging of so waighty a function, and did accordingly from time to time bestowe his requisite endeauour, what the least fault could escape the espiall of so many eyes, or the righting amongst so many hands? But I haue thrust my sickle ouer-farre into anothers haruest: let my mistaking be corrected, and in regard of my good meaning, pardoned.
The Temporal gouernment of Cornwall, shooteth out also into two branches, Martiall, and Ciuill.
For martiall affaires, master Camden noteth out of Iohannes Sarisburiensis, that the Cornish mens valiancy purchased them such reputation amongst our ancestours, as they (together with those of Deuon and Wiltshire) were wont to be entrusted, for the Subsidiary Cohort, or band of supply. An honour equall to the Romanes Triarii, and the shoot-anker of the battell. With which concurreth the ancient, if not authenticall testimony of Michael Cornubiensis, who had good reason to knowe the same, being that Countryman, and more to report it: his verses, for which I haue also beene beholding to M. Camden, are these:
Rex Arcturus nos primos CornubiensesBellum facturus vocat, vt puta Caesaris ensesNobis non alijs, reliquis, dat primitus ictumPer quem pax lisque, nobis sit vtrumq; relictumQuid nos deterret, si firmiter in pede stemus,Fraus ni nos superet, nihil est quod non superemus.
I will now set downe the principall Commaunders & Officers, touching these martiall causes, together with the forces of the shire.
Lord Lieutenant generall, Sir Walter Ralegh.
| Sir Frauncis Godolphin, || Sir Nicholas Parker, || Sir Reignald Mohun, |Deputie | Peter Edgecumb, | or any 3.Lieutenants | Bernard Greinuile, | of them.| Christopher Harris, || Richard Carew, |
Colonell generall, Sir Nicholas Parker.Marshall, Bernard Greinuile.Treasurer, Richard Carew.Master of the Ordinance, Will. Treffry.Colonell of the horse, Iohn Arundell of Trerise.Sergeant maior, Humphrey Parcks.Quarter Master, William Carnsew.Prouost Marshall, Iohn Harris.Scowt Master, Otwell Hill.
| Osburne.| Rusall.Corporals of the field, | Rattenbury.| Sled
Ammunition Master, Leon. Blackdon.Trench Master, Cooke.
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Regiments. Companies, Numbers, Arm.Pikes, Muskets, Caliueri—————————————————————————Sir Fra. Godol. | 12. | 1200. | 470. | 490. | 240. |Sir Will. Beuil | 6. | 670. | 225. | 315. | 130. |Sir Rei. Mohun | 6. | 600. | 200. | 210. | 190. |Ber. Greinuile | 10. | 1000. | 370. | 390. | 240. |Ri. Carew | 5. | 500. | 170. | 300. | 30. |*1Antony Rouse | 6. | 760. | 270. | 320. | 170. |Ch. Treuanion | 5. | 500. | 180. | 190. | 130. |Will. Treffry | 4. | 400. | 140. | 130. | 130. |*2Sir Nic. Parker | 2. | 200. | 60. | 80. | 60. |*3Ha. Viuian | 1. | 100. | 40. | 40. | 20. |*4Ar. Harris | 1. | 100. | 40. | 40. | 20. |*5Summa, | 58. | 6030. | 2165. | 2535. | 1330. |—————————————————————————
[*1 For Causam Bay] [*2 For Foy] [*3 Fpr Pendennis] [*4 For S. Mawes] [*5 For the Mount]
This may serue for a generall estimat of the Cornish forces, which I haue gathered, partly out of our certificate made to the Lords 1599. partly by information from the Sargeant maior, & partly through mine own knowledge. There are many more vnarmed pikes, which I omit, as better fitting a supply vpon necessitie, then to bee exposed (for opposed) to an enemie. The number as it standeth, much exceedeth the shires proportion, if the same he compared with Deuon and other Counties: which groweth, for that their neerenesse on all quarters to the enemy, and their farnesse from timely succour by their friends, haue forced the Commaunders, to call forth the vttermost number of able hands to fight, and rather by perswasion then authority, procured them to arme themselues beyond lawe and theirability. Which commendable indeuour shall not, I hope, ought not, I am sure, turne them to the preiudice of any vnwonted charge hereafter.
They are all prouided of powder, bullet, & match in competent sort, & order taken for furnishing of victuals, and mounting a third part of the shot (at least) vpon cause of seruice.
Light horses, the Lords in their directions, enioyne for orders sake, and the Lieutenants excuse it by insufficiency. Hitherto neither hath the commaundement bin reuoked, nor the omission controlled.
In the yeere 1588. when the Spanish floting Babel pretended the conquest of our Iland (which like Iosuahs armie they compassed, but vnlike him could not with their blasting threats ouerthrow our walles) it pleased her Maiestie of her prouident and gracious care, to furnish Cornwall with ordinance and munition, from her owne store, as followeth:
| of cast Iron, well mounted vpon carryages 2. Sacres | with wheeles, shodde with Iron, and fur- 2. Minions | nished with Ladles, Spunges, and Ram- 2. Faulcons | mers, with all other necessaries.
Spare axeltrees, sixe.Spare pairs of wheeles, shod with Iron, three.Shot of Iron for the sayd pieces, of eche sort, twenty.Canon corne powder for the said ordinance, sixe hundredwayght.Fine corne powder, three thousand six hundred waight.Lead, three thousand sixe hundred wayght.Match, three thousand sixe hundred wayght.
All which, saue the ordinance itselfe, partly by piecemeale employment, and partly by ouerlong, or euil keeping, is now growne to nought, or naught.
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After the sudden surprize of Pensants, anno 1595. by direction from the Lords, order was taken, that vpon any alarum, the next Captains should forthwith put themselues with their companies, into their assigned seacoast townes, whom the adioyning land-forces were appoynted to second and third, as the opportunity of their dwellings affoorded best occasion.
The yeere following, by a new commaund, 4000. were allotted out, and prouided in a readines to march for the ayd of Deuon, if cause so required, as the Lord Lieutenant of that County had the same order, vpon like necessitie, to send an equall number into Cornwall.
Lastly, anno 1599. when the Spanish fleet was againe expected, the Cornish forces voluntarily assembled themselues, and made head, at the entrance, middle, and Westpart of their south coast.
As for soldiers sent into other places, Cornwall yeeldeth, vpon euery occasion, a proportionable supply to the wants of Ireland; neither is acquitted from performing the like seruice for Fraunce, if the employment be in Brittaine or Normandy. Which often ventings notwithstanding, vpon the instance of Captaine Lower, and the sollicitation of his friends, there passed ouer this last yeere into Netherland, at one time, 100. voluntaries and vpwards, there to serue under Sir Frauncis Vere. And besides, they often make out men of warre against the Spaniards.
Forts and Castles there are; some, olde and worne out of date; and some in present vse, with allowance of garrison.
Amongst the first sort, I reckon these, appertayningto the Duchy, as also Tintogel, and diuers round holds on the tops of hils; some single, some double, and treble trenched, which are termed, Castellan Denis, or Danis, as raysed by the Danes, when they were destyned to become our scourge.
Moreouer, in this ranke wee may muster the earthen Bulwarks, cast vp in diuers places on the South coast, where any commodity of landing seemeth to inuite the enemie, which (I gesse) tooke their originall from the statute 4. H. 8. and are euer sithence duely repayred, as need requireth, by order to the Captaynes of those limits.
Of the later sort, is a fort at Silley, called [blank] reduced to a more defensible plight, by her Maiesties order, and gouerned by the foreremembred Sir Frauncis Godolphin, who with his inuention and purse, bettered his plot and allowance, and therein hath so tempered strength with delight, and both with vse, as it serueth for a sure hold, and a commodious dwelling.
The rest are S. Michaels mount, Pendenis fort, and S. Mawes Castle, of which I shall haue occasion to speake more particularly in my second booke.
Of Beacons, through the neernesse to the sea, and the aduantage of the hilly situations, welneere euery parish is charged with one, which are watched, secundum vsum, but (so farre as I can see) not greatly ad propositum: for the Lords better digested instructions, haue reduced the Countrey, by other meanes, to a like ready, and much lesse confused way of assembling, vpon any cause of seruice.
For carrying of such aduertisements and letters, euery thorow-fare weekly appoynteth a foot-Poast, to giue [86] his hourely attendance, whose dispatch is welneere as speedy as the horses.
The last branch of my diuision, and so of this book, leadeth me to entreat of Cornwals ciuill government, as it passeth for a part of the Realme; and that may againe be subdiuided into iurisdiction particular, and general. The particular iurisdiction is exercised by Constables, Stewards of Courts Barons, and Leets, Franchises, Hundreds, & Portreeues, & Maiors; of boroughs & corporations of the Stannaries, we haue spoken already. The generall, by the Clarke of the market, Coroners, Vice-admiral, Sherife, Iustices of the peace, & Iudges of assize.
Constables of the hundreds the shire hath none, but this office for giuing of warnings, & collection of rates, is supplyed by the deputy Baylifs, who performe it not with that discretion, trust, secrecy, & speed, which were often requisite to the importance of the affaires. I haue knowne the Iudges moued diuers times, for their opinion touching the erecting of some, & found them of seueral resolutions, which giueth little encouragement to an innouation. Neither can the parish Constables well brooke the same, because it submitteth them to a subalterne commaund, more then of custome; whereas now in their parishes they are absolute, the least whereof hath one, the middle sized 2. the bigger 3. or 4. I would not wish the blaze of their authority blemished, if there were as much care vsed in choyce of the persons, as the credit of their place deserueth. Wise direction without diligent execution, proueth fruitles. Now, as the former is deriued from her Maiesty to the Lords, & from the Lords to the Iustices; so this later lieth in the hands of the Constables. Watches and searches oftentimes carry waighty consequence, and miscary in the managing: and it was seene in the last Cornish rebellion, how the Constables commaund & example, drew many of the not worst meaning people, into that extremest breach of duty.
Franchises, Cornwall hath the Duchy, Rialton, Clifton, Minhinet, Pawton, Caruanton, Stoke Cliuisland, Medland, and Kellylond, which haue their Baylifs as the Hundreds, to attend the publike seruices.
Hundreds there are but 9. East, West, Trig, Lesnewith, Stratton, Powder, Pider, Kerier, & Penwith, which containe [blank] tithings: by these the shire is deuided into limits, & all his rates proportioned as followeth:
Diuisions.
| East H. | Trig H. | Powder H. | Kerier.East| West H. N.| Lesneweth H. S.| Pider H. W.| Penwith.| Stratton H.
In all rates, the East & South limits beare 3. parts in 5. to the North and West. So in the Easterne, dooth East Hundred to that of West: in the Southerne, Powder to Pider: and in the Westerne, Kerier to Penwith. In the Northern, Trig beareth 5. Lesnewith & Stratton 4. apiece. There is the like proportion made of the parishes in the Easterne diuision, but with little satisfaction of diuers: neither will it euer fare otherwise, & therefore (this notwithstanding) I wish it followed in the residue.
The conuenientest & vsual places of assembly for the whole County, is Bodmyn : for the East and North, Launceston: for the South and West, Truro: for the East, Liskerd: for the North, Camelford: for the South, S. Colombs; for the West, Helston.
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For the Hundreds of East, Kellington : of West, Lanreath; of Trig,Bodmyn: of Lesnewith, Camelford: of Stratton, that towne: of Powder,Grampond: of Pider, S. Columbs: of Kerier, Helston: of Penwith,Pensants.
East H. hath parishes 30. corporations 2.West H. parishes 19. corporations 2.Trig [blank]Lesnewith [blank]Stratton [blank]Powder [blank]Pider [blank]Kerier [blank]Penwith [blank]
Corporations are priuiledged with the administration of iustice, within their liberties, more or lesse, according to the purport of their Charter.
Such are Saltash, Launceston, Liskerd, Eastloo, Westloo, Bodmyn,Camelford, Lostwithiel, Padstowe, Grampond, Truro, Helston, Perin.
The Maiors and Recorders, in some of these, are Iustices of the peace, for their owne limits, and welneere allof them haue large exemptions and iurisdictions. A garment (in diuers mens opinions) ouer-rich and wide, for many of their wearish and ill-disposed bodies. They alleadge for themselues, that speedy iustice is administred in their townes, and that it saueth great expences, incident to assize trials, which poor Artificers cannot vndergoe. But the other answere, that these trials are often poasted on, with more haste then good speed, while an ignorant fellow, of a sowter, becomes a magistrate, & takes vpon him peremptory iudgement, in debts and controuersies, great and doubtfull. Againe, the neernesse of commencing their suits, draweth on more expences, then the shortnes of tryals cutteth off, whereas longer respite would make way to deliberation, and deliberation open the doore to reason, which by the fumes arising from cholers boyling heat, is much obscured. Thus dooth the opportunity inure them to vexation; vexation begetteth charges, and charge hatcheth pouerty: which pouerty, accompanied with idlenes (for they cannot follow law, and worke) seeketh not to releeue itselfe by industry, but by subtilty, wherethrough they become altogether depraued in body, goods, and minde. Adde hereunto that the Maior exercising his office but during one yeere, for the first halfe thereof is commonly to learne what he ought to doe, & in the other halfe, feeling his authoritie to wane, maketh friends of that Mammon, & serueth others turnes, to be requited with the like, borrowing from iustice, what hee may lend to his purse, or complices: for as it hath bene well sayd, He cannot long be good, that knowes not why he is good. They conclude, how from these imperfect associations, there spring pride amongst themselues, disdayne at their neighbours, and Monopolies against the Commonwealth.
This inuectiue is somewhat deeply steeped in gall, & must therefore bee interpreted, not of all, but the worst. Surely, for mine owne part, I am of opinion, that how commodious soeuer this iurisdiction may proue amongst themselues, it falleth out sundry times very distastefull and iniurious towards strangers; and strangers they reckon all that are not Burgesses. Now, let such a one bee arrested within their corporations, no sureties but townsmen can finde acceptance, be his behauiour neuer so honest, [88] his cause neuer so iust, his calling neuer so regardfull, & his ability neuer so sufficient; yet if he haue none acquaintance in the towne, if the action brought, carry a shew of waight, if the bringer be a man of sway, in, or neere the towne, if any other townsman of the higher sort beare him an old grudge, he must be contented to fret the colde yrons with his legges, and his heart with griefe: for what one, amongst them, will procure an euerlasting enemy at his doore, by becomming surety for a party, in whom he possesseth none, or little interest? The ancients vsed to grace their Cities with seuerall titles, as Numantia bellicosa, Thebae superbae, Corinthus ornata, Athenae doctae, Hierusalem sancta, Carthago emula, &c. and the present Italians doe the like touching theirs, as Roma santa, Venetia ricca, Florenza bella, Napoli gentile, Ferrara ciuile, Bologna grassa, Rauenna antiqua, &c. In an imitation whereof, some of the idle disposed Cornish men nicke their townes with by-words, as, The good fellowship of Padstowe, Pride of Truro, Gallants of Foy, &c.
The Clarke of the markets office, hath beene heretofore so abused by his deputies, to their priuate gaine, that the same is tainted with a kinde of discredit, which notwithstanding, being rightly & duly executed, would worke a reformation of many disorders, and a great good to the Common-wealth.
Foure Coroners, chosen by the voyces of the freeholders, do serue the shire, who for the present are, Bligh, Tub, Trenance, and Bastard.
The Vice-admiralty is exercised by M. Charles Treuanion, a Gentleman, through his vertue, as free from greedinesse, as through his faire liuelyhood, farre from needinesse: and by daily experience giuing proofe, that a minde valewing his reputation at the due price, will easily repute all dishonest gaine much inferiour thereunto, & that in conuersing with the worst sort of people (which his office oftentimes enforceth) he can no more be disgraced, then the Sunne beames by shining vpon a dunghill will be blemished.
I haue here set downe the names of those Commissioners for the peace, who at this present make their ordinary residence in Corn. as they stand placed in the Commission, where the priority is mostly deferred to antiquity.
Q. Fra. Godolphin M. 1.| Carolus Treuanion 16.Q. Nic. Parker M. 2.| Thomas S. Aubin 17.Q. Iona. Trelawney M. 3.| Q. Rob Moyle 18.Q. Reg. Mohun M. 4.| Q. Ed Hancock. 19.Q. P. Petrus Edgecomb 5.| Tristramus Arscot 20.Q. Ric. Carew de Anth. 6.| Thomas Lower 21.Q. Bern. Greinuile 7.| W. Treffry de Fowey 22.Q. Antonius Rowse 8.| Iohannes Hender 23.Petrus Courtney 9.| Q. Willi. Wray 24.Q. Tho. Chiuerton 10.| Georgius Kekiwiche 25.Q. Christ. Harris 11.| Q. Arth. Harris 26.Io. Arund. de Trerise 12.| Io. Harris de Lansre. 27.Th. Arun. de Taluerne 13.| Q. Degor. Chamons 28.Q. Nic. Prideaux 14.| Iohannes Trefusis 29.Q. Hannibal Viuian 15.| Otwel Hill 30.
Their ordinary use was, to begin the quarter Sessions for the East halfe of the Shire, on the Tuesdayes and Wednesdayes, at Bodmyn, and to adiourne the [89] same for the West halfe, to be ended at Truro the Friday and Saterday following, leaning one dayes space for riding betweene. But about twenty yeres sithence, the Easterne Iustices making the greatest number, and in this separation having farthest to ride, when they were disposed to attend both places, either in regard of their ease, or vpon scruple of conscience, or for both together, called into question, whether this custome were as warrantable by right, as it was pleadable by prescription; and whether it as much aduanced the administration of iustice, as it eased the trauell of the people. And thereupon they began to appoynt the intire Sessions at either place one after another. This was sometimes performed, and sometimes broken, by the Westerne Iustices, so as seuerall and contrary precepts of summons were directed to the Sheriffe, with the great vncertaynty, ill example, and trouble of the Countrey. It hapned, that one newly associated, and not yet seasoned with either humour, made this motion for a reconcilement, viz. that the Sessions should enterchangeably one quarter begin at Bodmyn, and end at Truro; and the next begin, at Truro, and end at Bodmyn; and that no recognisance should be discharged, or cause decided out of his owne diuision. This proposition, as it gaue the Westerne Iustices the greatest part of their will, so it salued a sore which chiefly grieued the Easterne: for before, what was done in the beginning at one place, was, or might be vndoone in the ending at the other: wherefore all parties willingly condiscended hereunto, and it hath euer sithence beene accordingly obserued.
Another variance hath sometimes fallen out betweene Cornwall and Deuon, about the time of keeping their Sessions. For whereas the Statute 2. H. 5. enacteth that the Iustices shall hold the same in the first weeke after S. Michael, the Epiphanie, the clause of Easter, and the translation of S. Thomas (which, worthily blotted out of the Calender, Teste Newbrigensi, is euer the seuenth of Iuly) and their oath bindeth them to a strickt obseruation hereof: the question hath growne, when those festiuall dayes fall vpon a Munday, whether the Sessions shall be proclaimed for that weeke, or the next, and the generall practise hath gone with the former. But the Cornish Iustices, waying, that prescription is no Supersedeas for swearing, vpon debating of the matter, haue resolued, and lately accustomed, in such cases, to put it ouer vnto the weeke ensuing: and these are their reasons: If the Sessions must bee kept in the first weeke after, it cannot admit an interpretation of the same weeke it selfe. Againe, the clause of Easter, mencioned in the one, should seeme to make a construction of like meaning in the rest. Besides, those, who suite themselues to the other fashion, doe yet swarue therefrom, if those feastes fall vpon any later day in the weeke then Munday; for then they deferre it till the next: and yet, seeing no day certain is directed for beginning the Sessions; if they will constantly binde themselues to the former sense, when those dayes fall on the Friday, they ought to call it for the morrow following. The Iudges of the circuits Oracle, to which the Commission of the peace referreth the Iustices Quaeres, hath resolued, that neyther of these wayes tendeth to any breach of the lawe. Once sure it is, that the Terme-suiters may best speed their businesse, by supporting the former: for the end of these Sessions deliuereth them space inough [90] to ouertake the beginning of the Termes.
For the rest, equity beareth more sway, then grauity, at the Cornish bench, and in confusion they mayntayne equality: for though they speake more then one at once, yet no one mans speach, or countenance, can carry a matter against the truth. Neither doe assertions, but proofes in hearings; nor vouchings, but shewing of law cases, in deciding, order the controuersies: and as diuersitie in opinions breedeth no enmity, so ouer-ruling by most voyces, is taken for no disgrace.
One only Iudge was wont, in three dayes at farthest, to dispatch the Assizes, & gayle deliuery, at Launceston, the vsuall (though not indifferentest) place, where they are holden. But malice and iniquity haue so encreased, through two contrary effects, wealth and pouerty, that now necessity exacteth the presence of both, and (not seldome) an extent of time.
I haue heard the Iudges note, that besides their ordinary paines, they are troubled with more extraordinary supplications in Cornwall, then in any other shire: whereto they yet giue no great encouragement, while the causes are on the backside, poasted ouer to Gentlemens hearing, and account seldome taken or made, what hath bene done therein.
Verily, we must acknowledge, that ever since our remembrance, God hath blessed this Westerne circuit with speciall choyce of vpright and honest Iudges; amongst whom, this of our last is not the least: for they doe so temper a quick conceit with a stayed iudgement, a strict seuerity in punishing, with a milde mercy in remitting, and an awfull grauitie at the Bench, with a familiar kindnesse in conuersation, as they make proofe, that contrarie vertues may, by the diuers wayes of loue and reuerence, meet in one onely poynt of honour.
The common Gayle of the shire for offendours, is kept at Launceston: for that statute, 33. H. 8. which amongst other shires, gaue the Cornish Iustices leave to alter the same, by a Prouiso, tooke it away againe, in that this keepership is annexed to the Constableship of the Castle, and that graunted out in lease.
I wil conclude with the highest iurisdiction, namely, the Parliament, to which Cornwall, through the grace of his Earles, sendeth an equall, if not larger number of Burgesses, to any other shire. The boroughs so priuiledged, more of fauour (as the case now standeth with many of them) then merit, are these following: Launceston, Downeuet, Liskerd, Lostwithiel, Truro, Bodmyn, Helston, Saltash, Camelford, Eastloo, Westloo, Prury, Tregny, Kellington, Bossimy, S. Iues, S. Germanes, Meddishole, and S. Mawes: and because Quindec. are ordinarily graunted at Parliaments, together with the Subsidies, I will heere set downe the ordinary rate of them.
[91]
Md. de 15. Cornub. in Paroch. subsequent. vt patet. p.
Hund. de Penwith
Paroc. S. Iusti. 2li.11s.8d. S. Hillary 2.18.8S. Gorian. 8.5.2 Caniborn. 4.2.0S. Gorgian. 1.15.6 Laundut. 6.16.5S. Crowen. 2.2.2 Vthno. 0.12.6S. Michaels. 2.11.3 Germogh. 0.10.8S. Illogan. 4.7.10 S. Synan. 3.6.0S. Erly. 3.11.8 S. Maddern. 4.12.0S. Luduan. 2.16.6 S. Twynnock. 2.5.0Morueth. 0.17.6 S. Felis. 2.1.2S. Siluan. 2.12.5 Kedruth. 1.12.5S. Sancred. 1.14.0 S. Winner. 3.6.0S. Ey. 3.6.8 S. Pawl. 6.17.0S. Sennar. 2.11.1 Woluele. 3.5.0Sum. 81. 8. 6.
Hund. de Kerier.
Wennape. 2.8.0 S. Melor. 2.4.0S. Martyn. 0.18.8 S. Briack. 2.3.0S. Gluuiack. 2.2.10 S. Crade. 1.4.6Constantyn. 3.6.4 Wyneanton. 0.14.8S. Mawnan. 1.8.0 S. Melan. 2.18.4S. Stidian. 2.19.4 S. Keyran. 6.8.0Arwothel. 1.4.9 S. Wynwolny. 0.10.4S. Landy. 1.10.4 S. Rumon.parua. 0.7.2S. Mawgan. 1.16.0 Crewenne. 1.0.10S. Rumon.ma. 1.2.0 S. Sithne. 2.0.0S. Antony. 0.8.0 S. Ewynne. 0.15.4Corentun. 0.15.0 Burg. de Helston. 4.6.8Minster 1.4.6 Germock. 0.10.8S. Budock.ma. 2.9.0 S. Wendron. 3.12.0Burgus de Perm. 2.0.0Sum. 52.18.5.
Hund. de Powder.
Tywardreth 2.15.11 Elerky. 3.6.0Argallas. 1.14.4 S. Keby. 1.2.1Burg. de Fowy. 2.8.4 Landreth. 0.17.8Roche. 2.8.7 Eglosmerther. 0.18.0Kenwen. 2.19.0 Lanuoreck. 1.10.0Eglosros 1.16.0 Grogith. 0.14.4Moresk. 2.0.0 Fowy extra. 1.4.8Manerium de | S. Sampson. 1.15.0pen.Kneth & | 0.10.4 S. Stephens. 3.6.3Restormel. | Gerend. 2.0.0S. Awstle. 6.14.11 Feock. 1.10.0Mewan. 1.12.0 Burg. de Lostwi. 8.13.4
[92]
Carhayes. 0.11.6 Laurocen. 0.17.0S. Denis. 1.16.6 Ladock. 2.14.0Penkeuel. 0.11.8 Lanhorn. 1.14.8S. Anthonie. 0.12.2 S. Ewe. 1.8.3Burg. de Mia. 0.5.6 Manerium de |S. Goran 1.16.0 Towington in | 1.19.0Burg. de Grand. 0.14.6 P. S. Austle.|Burg. de Truru. 12.1.10 S. Crede. 2.1.0S. Ermets 1.14.0 S. Iust. 1.16.0Landege. 2.7.0 Burg. de Tregony. 1.15.3Lasullian. 1.10.6 S. Probus. 5.6.0S. Aleyn. 3.4.6 Calendry 1.0.8
Hund. de Pider.
Lanhidrock. 0.17.8 S. Ermets. 2.2.6S. Peran. 2.6.8 S. Euoder. 3.0.0S. Caranto. 2.13.0 S. Petrock mi. 0.6.4S. Vuel. 1.10.0 Laneuet. 1.10.0S. Agnes. 1.6.10 S. Ede. 1.12.0S. Petrock ma. 2.4.10 S. Bruke. 2.7.0S. Columb ma. 5.13.0 Newlyn. 3.17.4S. Columb mi. 4.11.0 Maruy. 2.1.0Burg. de Meddi. 0.8.0 Withiel. 1.6.8Oldstowe. 1.9.0 S. Colan. 1.4.6Lanherne. 3.0.0 Cuthbert. 2.0.0S. Wenne 1.18.0
Hund. de Trigge.
Teth. 2.9.6 Egloshail. 2.3.8Minuer. 1.15.0 Bliston. 1.17.2P. Bodmyn ext. 1.16.0 Temple 0.5.0Brue rode. 1.19.5 S. Laud. 1.6.0Bur. de Bodmyn. 20.0.0 Ma. de Pennayn. 0.4.10Maben. 1.10.9 S. Tweir. 1.16.8S. Eudelian. 1.8.0 Hellond. 0.19.0
Hund. de Lesnewith.
Cleder. 1.16.8 Bur. de Castle |S. Warburg 1.18.4 Boterel. | 0.7.0S. Iuliet. 0.14.8 Oterham. 0.19.0Bur. de Tintagle. 0.13.2 Lanteglos. 1.10.0Podistok. 4.5.2 S. Genis. 1.14.2Mihelstowe. 0.19.0 Lesnewith. 1.8.0Bu. de Camelforth. 0.9.0 Maner. de Tintagle. 1.7.0Alternon 1.18.6 Minster. 1.4.6Dauid. 2.6.8 Treneglos. 1.6.8Treualga. 1.0.0 Athawyn. 1.0.0
[93]
Hund. de Lesnewith.
Kilkhamlond. 3.4.4 Bridgerule. 0.12.6Iacobstow. 1.16.4 Moristow. 3.6.0Poghwil. 0.19.0 Boyton. 1.9.0Launcels. 1.8.0 Stratton. 2.19.6Ouerwynchurch. 2.0.0 Wyke. 1.15.0Whitston. 1.13.0 Bur. de Kilkhamp. 1.0.2
Hund. de Westwibilsher.
Niot. 2.7.0 Lanteglos. 5.0.0Cardinham. 1.18.0 Burg. de Liskerd. 6.14.0Morual. 1.17.0 Reprina. 0.8.0S. Clere. 2.1.7 Wynnock. 2.0.0Tallan. 1.12.0 Burg. de Loo. 1.10.0Lansalwys. 1.9.0 Lanraythew. 1.8.6Vepe. 1.9.2 Villade. 1.13.0Maner. de Liskerd. 1.13.0 S. Martyn de Loo. 1.10.0Dulo. 1.18.6 Brotheck. 0.18.0Warlegan. 1.2.0 Kayn. 0.8.4Pleuiul. 2.7.0 Pynnock. 0.19.0Liskerd. 1.12.0
Hund. de Eastwibilshere.
Antony. 1.11.0 Manerium de |Lawlutton. 1.3.0 Tremeton. | 2.15.4Southil. 0.18.0 Linkinhorne. 2.0.0Piderwyn. 2.3.0 Seuiock. 1.4.0Landilp. 0.17.6 Calstock. 3.6.0Stoke. 2.9.0 S. Melan. 1.6.0Minhinet. 4.6.0 Rame. 1.11.0Egloskery. 2.5.0 S. Iue. 1.19.0S. Germyns. 6.10.0 S. Dominick. 1.4.0Bur. de Downuet. 2.16.8 Lawanneck. 1.10.0Lasant. 1.18.0 Laurake. 1.19.0S. Iohns. 1.6.10 Burg. de Ash. 2.0.8S. Stephens of | Pillaton. 0.15.4Lanceston. | 4.16.0 Boskenna. 0.9.0Quedock. 1.7.0 Meer. 0.15.0Northil. 1.12.0
Sum. tot. 15. & 10. in Cornub. 479.03.[94]
Md. postea sequuntur deductiones & allocat. de eisdem sum. appunctuat. per Edmund. Episc. Exon. & Thom. Bodul- gat tunc vn. milit. praed. Com. in Anno 24. H. 6. vt pt. p. particulariter.
Trigge.
Parochia de | Aldehan. 0.15.0Menefride. | 1.0.0 Maben. 0.15.0Helland. 0.15.0 Egloshail 1.10.0Burg. de Bodmyn. 6.0.0 Temple. 0.3.0S. Tudy. 0.9.0 S. Bruer. 0.15.0Tethe. 1.10.0
Sum. 13. 12. 0.
Hund. de Lesnowith.
Cleder. 0.12.0 Oterham. 0.15.0Burg. de Botriscast. 0.6.0 Aduen. 0.6.0Pondistoke. 2.0.0 Warburg. 0.10.0Mynster. 0.12.0 Lesnowith. 0.12.0Bu. de Camelforth. 0.6.0 Treueglos. 0.18.0S. Gennys. 0.15.0 Alternon. 0.10.0S. Dauid. 0.10.0
Sum. 8. 12. 0.
Hund. de Stratton.
Morestow. 1.10.0 Burgus de |Poughwel. 0.12.0 Kilkampton. | 0.9.0Lancels. 0.10.0 Merwinchurch. 0.15.0Boyton. 0.10.0 Whithton. 0.15.0Kilkampton. 1.0.0 Iacobstow. 0.10.0Stratton. 1.1.0
Sum. 7. 12. 0
Hund. de East.
Calstok. 1.10.0 Rame 0.15.0Lawanneck. 1.1.0 Quethiock. 0.12.0S. Iohns. 0.15.0 S. Domineck. 0.10.0S. Iues. 1.0.0 Pederwyn. 0.8.0Minhinet. 3.0.0 S. Germyns. 4.10.0Manerium de | Antony. 0.15.0Tremeton. | 1.5.0 Lawhitton. 0.15.0Burgus de | S. Stephens. 2.0.0Downeued. | 1.0.0 Laurake. 0.10.0S. Melan. 1.0.0 Egloskery. 0.15.0
Sum. 22. 1. 0.
[95]
Hund. de West.
Burgus de | Lanrethow. 0.10.0Liskerd. | 1.0.0 S. Vepe. 0.10.0S. Cleer. 0.10.0 Manerium |Morual. 0.10.0 de Liskerd. | 0.12.0Talland. 0.10.0 S. Pynnock. 0.10.0Parish of Liskerd. 0.18.0 Nyot. 0.10.0Lanteglos. 1.10.0
Sum. 7. 10. 0.
Hund. de Penwith.
Luduan. 0.9.0 S. Sencrede. 0.15.0Camborn. 1.0.0 S. Felix. 0.6.0S. Senan. 0.13.0 S. Selenan. 0.10.0S. Gothian. 0.10.0 S. Michaels. 0.10.0S. Ius t. 0.10.0 S. Pawl. 1.0.0S. Veryn. 2.0.0 S. Thebut. 1.0.0S. Wynner. 0.10.0 S. Grey. 0.9.0
Sum. 10. 2. 0.
Hund. de Kerier.
S. Wenep. 0.10.0 S. Constantyn. 0.9.0Mawnan. 0.6.0 Crade. 0.10.0Burg. de Helston. 1.10.0 Wynampton. 0.6.0Melan. 0.10.0 Stedian. 0.9.0Arwothel. 0.10.0 Ewyn. 0.10.0Minster. 0.6.0
Sum. 5. 16. 0.
Hund. de Powder.
Argallas. 0.10.0 Lamorek. 0.10.0Keby. 0.9.0 S. Sampsons. 0.10.0Burgus de | S. Gereus. 0.10.0Truru. | 10.0.0 Burgus de |Roche. 0.18.0 Lostwithiel. | 8.0.0Moresk. 0.10.0 Lamhorn. 0.6.0S. Goran. 0.9.0 Tywardreth. 0.10.0S. Allen. 0.5.0 S. Stephens. 0.10.0Illerky. 0.10.0 Eglosros. 0.10.0
Sum. 19. 17. 0.[96]************************* missing scan *******************88
Hund. de Pider.
Lanhidrok. 0.11.0 S. Petrock minor. 0.6.0S. Pyran. 0.15.0 S. Petrock maior. 0.10.0S. Newlyn. 1.10.0 S. Breock. 0.15.0S. Colan. 0.10.0 Withiel. 0.5.0Lamhern. 0.10.0 Carnenton. 0.10.0S. Edy. 0.12.0 Vwel. 0.10.0S. Enoder. 0.15.0
Sum. tot. deductions. 15. & 10. 113. 1. 6.****************************************************************