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y  Cpmmrodon 


THE    MAbA/TNE 


OF    THE    HONOURABLE 


SOCIETY  OF  CYMMRODORION 


VOL.  XIV. 


PRODUCED    UNDER    THE    DIRECTION    OF 
I 

THE'  EDITORIAL    COMMITTEE. 


S32Ŵ 


LONDON : 

ISSUED    BY    THE    SOCIETY, 

NEW  STONE  BUILDINGS,  64,  CHANCERY  LANE. 

1901. 


\JJ1 


Devizes  : 
Printed  by  Geoege  Simpson. 


CONTENTS. 


Vita  Sancti  Kebie.     By  the  Rev.  S.  Baring-Gould,  M.A 

Salesbury's  Dictionary  and  the  Eing's  Licence.     By  J.  H 
Davies,  M.A. 

A   Welsh  Love  Song  of  the  16th  Century.      By  J.  H 
Davies,  M.A. 


S 


English  Law  in   Wales   and  the  Marches.      By  Henry 

Owen,  D.C.L.Oxon.,  F.S.A.         ...  ...  ...  1 

Appendix  :  The  State  of  the  Cause  concerninge  the 
Lo.  President  and  Counsell  in  ye  Marches  of 
Wales    ...  ...  ...  ...  ...         33 

The  Broughtons  of  Marchwiel.  Contribution  to  the 
History  of  the  Parish  of  Marchwiel.  By  Alfred 
Neobard  Palmer 


42 

86 

96 

98 


The    Expulsion    of    the  Dessi.       By  Professor    Kuno 

Meyer,  Ph.D.  ...  ...  ...  ...       101 

Side    Lights    on    Welsh  Jacobitism.  By    J.    Arthur 

Price,  B.A.  ...  ...  ...  ...       136 


Supplement  :  List  of  Publications. 


Cmmimrîmr. 


Vol.  XIV.        "Cared  doeth  tr  encilion."  1900. 

45ngft00  £a)#  ín  TUafes  anò  f(Je 

By  HENRY  OWEN,  D.C.L.Oxon.,  F.S.A. 


The  histoiy  of  the  administration  of  English  law  in  Wales 

and  the  Marches  inay  be  divided  into  three  periods  : — (1) 

during  the  gradual  conquest  of  the  countrj  by  the  Anglo- 

Norman  lrings  and  their  barons  ;   (2)   after  the  completion 

of  that  conquest,  when  "  Wales  "  was   governed   by  the 

Crown  through    the    English   Prince    of    Wales    and    the 

Marches   were   self  governed   and   merely   owned    feudal 

subjection  to  the  king ;  and  (3)  from  the  time  of  the  union 

of  Wales  and  the  Marches  to  England  until  the  abolition 

of  judicial  "Wales." 

It  has  been  the  custom  of  writers  on  English  history, 

so  far  as  they  think  it  worth  while  to  refer  to  the  Princi- 

pality  of  Wales,   to  state  that  Wales  was  conquered  by 

Edward  I.     But  what  Edward  conquered  was  the  dominion 

which  was  left  to  the  last  prince  of  the  Welsh  blood  royal : 

the  greater  part  of  Wales  had  been  conquered  long  before, 

b 


2         English  Laiu  in  Wales  and  the  Marches. 

and  remained  for  centuries  under  its  peculiar  jurisdiction 
quite  apart  from  the  realm  of  England  and  from  the  new 
created  Principality  of  Wales.  The  effect  of  the  Norman 
Conquest  of  England  was  soon  felt  in  Wales.  Norman 
adventurers,  especially  after  the  encouragement  of  the 
winning  of  Glamorgan  in  the  early  years  of  William 
Rufus,  obtained  grants  from  the  English  king  of  such 
lands  as  they  could  acquire  in  Wales ;  the  Welsh  historian 
took  occasion  to  remark  "  the  king  was  very  liberal  of  that 
which  was  not  his  own." 

It  has  been  alleged  that  these  grants  were  made  on  the 
ground  of  some  claim  of  forfeiture  of  the  Principality  to 
the  English  crown ;  but  although  Edward  could  show 
some  reason  for  his  claim  of  feudal  superiority  over  the 
dominions  of  Llewelyn,  the  earlier  charters  to  the  invaders 
granted  to  them  in  plain  terms  such  land  as  they  had 
acquired  or  should  thereafter  acquire  "  from  our  enemies 
the  Welsh."1 

These  lands  came,  early  in  the  thirteenth  century, 
to  be  called  the  Marches,  and  the  holders  of  them  Lords 
Marcher.  The  words  "  March  "  and  "  Marcher  "  appear 
in  various  forms  in  several  European  languages.  The 
March  was  the  boundary,  and  many  writers  have  been  led 
astray  by  the  supposition  that  the  Welsh  Marches  meant 
the  lands  on  the  borders  of  England  and  Wales  (that  is  to 
say  as  at  present  constituted)  ;  but  as  the  limits  of  the  old 
Principality  shrunk,  the  Marches  followed  them,  so  that 
we  find  Lordships  Marcher  in  the  farthest  parts  of  Wales. 
After  the  prerogatives  of  the  Lords  Marcher  were  vested 
in  the  crown  by  Henry  VIII,  it  was  often  difíìcult  to 
decide  which  were  or  had  been  Marches  ;  none  could  have 
arisen   after   Edward   had   annexed   the  remnant  of   the 

1  See  Rot.  Chart.,  63  and  666. 


Enrlish  Law  in  Wales  and  the  Marches. 


Á 


Principality.  Some  (called  Lordships  Royal)  had  been 
acquired  by  the  king  at  his  own  charges,  and  many  were 
from  time  to  time  forfeited  to  the  Crown,  especially  after 
the  Wars  of  the  Roses  ;  in  these  he  exercised  jurisdiction, 
not  as  king,  but  as  dominus  Marchice.  Although  the  laws 
of  Henry  IV,  which  deprived  Welshmen  of  their  rights 
and  liberties,  were  directed  against  the  inhabitauts  of  the 
Principality  and  not  those  of  the  Marches,  it  was  the 
latter  which,  after  the  union  with  England,  continued 
to  be  more  disorderly. 

Some  few  lordships  had  been  granted  to  Welshmen 
who  were  content  to  hold  their  lands  of  the  King  of 
England ;  for  example,  the  Lordship  of  Powys,  which 
became  subject  to  the  crown  "by  submission  and  not  by 
conquest,"  retained  the  Welsh  divisions  of  land  and  had 
courts  baron  and  courts  leet  for  each  commote,  in  the 
saine  manner  as  the  district  afterwards  included  in  the 
Statute  of  Rhuddlan.  It  is  worth  noting  that  the  only 
Lordship  Marcher  in  Wales  in  which  some  of  the  old 
prerogatives  survive  is  that  of  Kemes  in  ÜSTorth  Pembroke- 
shire,  whicli  was  conquered  by  Martin  de  Tours  in  the 
reign  of  William  Rufus ;  and  it  is  to  a  Lord  of  Kemes 
in  the  time  of  Queen  Elizabeth,  one  George  Owen,  to 
whose  writings  we  are  indebted  for  the  greater  part  of  our 
knowledge  of  the  rights  and  privileges  of  these  sovereigns 
of  the  land  of  Wales,  for  owing  to  the  wholesale  destruc- 
tion  of  the  local  records,  and  the  scanty  reference  to 
the  subject  in  those  of  the  Crown,  the  material  for  the 
historian  is  small. 

The  extent  of  the  territory  of  the  Marchers  may  be 
estimated  by  that  of  the  dominions  oí  Llewelyn  annexed 
by  Edward  I,  for  the  government  of  which  were  framed, 
in  12  Edward  1,  a  set  of  regulations  called  the  Statute 
of  Rhuddlan,  or  the  Statute  of  Wales.     By  it  were  ap- 


b  2 


4        English  Lazu  in  Wales  and  the  Marches. 

pointed  sheriffs  for  Ang-lesey,  Carnarvon  and  Merioneth, 
the  old  inheritance  of  the  Princes  of  Gwynedd,  for  Flint, 
parcel  of  the  Palatinate  of  Chester  which  was  fìnally 
annexed  to  the  Principality  of  Wales  temp.  Edward  II, 
and  for  Carmarthen  and  for  Cardigan  and  Lampeter, 
i.e.  Llanbadarn,  by  Aberystwyth.  To  Carnarvon,  Merio- 
neth  and  Flint,  certain  cantreds  and  commotes  were 
assigned,  of  the  others  it  was  merely  stated  that  they 
should  have  their  present  metes  and  bounds.  The  three 
South  Wales  districts  included  a  part  of  West  Carmar- 
thenshire  which  had  been  obtained  by  the  princes  of 
North  Wales  after  the  extinction  of  the  Welsh  princes 
of  the  South,  and  nearly  the  whole  of  the  present  county 
of  Cardigan,  the  only  Welsh  county  which  represents 
an  ancient  territorial  division,  and  the  only  part  of  Wales 
in  which  the  Welsh  had  succeeded  in  driving  back  the 
Lords  Marcher.  The  territory  comprised  in  this  Statute 
remained  for  centuries  what  was  known  to  English  law  as 
"  Wales",  ruled  by  Eng-lish  law  as  modified  by  the  Statute, 
and  was,  until  the  death  of  Arthur  Tudor,  the  son  of 
Henry  VII,  granted  by  Charter  (as  was  the  Earldom 
of  Chester)  to  each  heir  apparent  "  and  to  his  heirs  Kings 
of  England";  nevertheless,  the  charters  to  towns  were 
granted  by  the  king-  and  not  by  the  Prince  of  Wales. 
The  Prince  was  solemnly  invested  with  the  chaplet  ring- 
and  sceptre ;  to  this  day  the  eldest  son  of  the  sovereign  is 
born  Duke  of  Cornwall,  but  he  is  created  Prince  of  Wales 
and  Earl  of  Chester.  All  the  rest  of  Modern  Wales  not 
subject  to  the  Statute  was  the  "  Marches",  over  which  the 
King  was,  by  3  Edward  I,  cap.  17,  proclaimed  Sovereign 
Lord,  and  which,  by  28  Edward  III,  cap.  2,  was  declared 
to  be  attendant  on  the  Crown  of  Eng-land  as  heretofore, 
and  not  on  the  Principality  of  Wales,  and  under  the  same 
term  were  included  the  forty-four  Lordships  which  were 


English  Law  in  Wales  and  the  Marches.         5 

added  to  English  counties  by  the  Act  of  TJnion  (27 
Henry  VIII,  cap.  26),  besides  the  Lordships  east  of 
Chepstow  Bridg-e,  which  were  added  to  G-loucestershire. 
The  Lordships  mentioned  in  the  Act  amount  to  over  one 
hundred. 

II. 

The  way  for  the  Statute  of  Wales  had  been  prepared 
by  the  Commission  which  Edward  had  issued  four  years 
previously'  (that  is  to  say,  after  the  submission  of 
Llewelyn  and  before  his  final  revx)lt),  to  enquire  into 
the  laws  and  customs  of  the  Welsh  districts  then  held 
by  the  King\  His  father  had  granted  to  him  in  1254 
the  palatinate  of  Chester,  una  cum  conguestu  nostro  Wallice 
in  finibus  illis,  ita  tamen  quod  nunauam  separentur  a  Gorona, 
and  Edward  had  shown  a  characteristic  desire  to  set  in 
order  his  possessions,  which  were  practically  the  later 
Principality,  with  the  exception  of  Anglesey  and  the  land 
of  Snowdon,  which  remained  with  Llewelyn.  The  Com- 
missioners  were  the  Bishop  of  St.  David's  andtwo  Norman 
barons.  They  sat  at  fìve  places  and  summoned  one 
hundred  and  seventy-two  witnesses ;  it  appears  froni  the 
evidence  that  even  then  Welsh  law  and  custom  had  been 
affected  by  those  of  England.  It  was  the  object  of  the 
ambition  of  the  Welsh  princes  to  emulate  the  position 
of  the  English  king-s,  and  some  of  their  chief  nobles  had 
assumed  the  state  of  English  barons. 

The  Statute  of  Wales  recites  that  the  Principality, 
as  then  remodelled,  4íthe  land  of  Snowdon  and  other  our 
lands  in  Wales,"  which  had  hitherto  been  subject  to  the 
Crown  in  jure  feudali,  had  then  fallen  in  proprietatis 
dominium ;  it  was  thenceforth  to  be  a  distinct  j)ortion 
of  the  realm  of  Engiand,  over  which  the  Courts  of  West- 

1  Rot.  Wall.,  9  Edw.  I,  M.  5. 


6         English  Law  in  Wales  and  the  Marches. 

uiinster  had  110  jurisdiction,  but  justice  was  to  be  adniinis- 
tered  in  accordance  with  the  King's  original  writs  and  the 
provisions  of  the  Statute.  It  is  stated  that  the  laws  and 
customs  of  Wales  had  been  examined  by  the  King,  of 
which,  some  he  had  abolished,  some  allowed,  and  some 
corrected,  others  he  had  added.  The  editor  of  Reeves' 
History  of  English  Law,  points  out  in  a  note  that  although 
the  object  of  the  Statute  was  to  assimilate  the  Welsh  laws 
and  institutions  to  the  English,  there  was  not  found  much 
in  the  former  which  required  alteration,  and  draws  the 
inference  that  the  laws  of  the  conquerors  and  the  con- 
quered  were  alike  derived  from  the  R-oman  law ;  he  gives 
instances  where  the  laws  of  the  "  Romanized  Britons  of 
Wales"  could  show  a  marked  superiority  over  those  of  the 
Anglo-Normans.  In  civil  actions  the  Welsh  procedure 
was  made  by  the  Statute  substantially  the  same  as  the 
English ;  the  Welsh  equivalent  for  gavelkind  was  allowed 
to  remain,  but  bastards  were  debarred  from  a  share  in  the 
inheritance;  women  were  to  be  entitled  to  dower,  in  the 
sense  of  the  endowment  of  the  wife  by  the  husband;  and 
the  coheiresses  were  to  share  equally. 

The  itinerant  justiciary  of  Snowdon  appointed  by  the 
Statute  afterwards  gave  place  to  the  Justices  of  North 
Wales  and  West  Wales,  who  held  their  courts  of  Chancery 
and  Exchequer  at  Carnarvon  and  Carmarthen  respectively, 
in  which  all  pleas  of  the  Crown  and  the  most  important 
causes  were  heard  and  determined,  and  from  which  there 
was  no  appeal  to  the  courts  of  Westminster.  At  these 
superior  courts  were  granted  the  mises,  being  payments  to 
every  new  prince  on  his  creation  for  the  allowance  of  their 
Laws  and  ancient  customs  and  for  the  pardon  of  offences. 
No  shires  were  appointed  by  the  Statute,  but  the  several 
groups  of  coinmotes  were  in  North  Wales,  in  time,  welded 
into  a  county,   and  the  Sheriff  held  his    County  Courts 


Enilish  Laiu  in  Wales  and  the  Marches. 


.-■> 


after  the  Engdish  manner.  In  West  Wales  courts  baron 
were  held  in  each  conimote  by  the  "stewards  of  the  Welsh 
Courts".  The  county,  properly  the  district  governed  by 
an  Earl,  became  the  shire,  the  division  of  a  kingdom,  and 
Anfflese^,  Carnaiwon  and  Merioneth  were  afterwards  called 
the  three  ancient  shires  of  North  Wales,  and  together 
with  Flint  were  soon  divided  into  hundreds,  which  usually 
took  their  form  and  name  from  the  Welsh  commote— the 
Nornian  lawyers,  here,  as  elsewhere,  applying  their  own 
rules  to  the  old  Welsh  divisions  of  land.  The  provisions 
of  the  Act  of  Union  for  dividing  Wales  into  hundreds 
is  limited  to  "  South  Wales"  and  the  Marches. 

The  Sheriff,  who  was  appointed  during  pleasure  by 
the  Crown,  had  in  each  commote  a  bailiff  who  later  held 
his  Hundred  Court.  In  the  monthly  County  Court  the 
Sheriff  heard  questions  of  contract,  trespass  against  the 
peace,  and  detainer  of  cattle,  and  there  was  an  appeal  "  at 
the  coming  of  the  justice".  In  his  biennial  turn  in  each 
commote  he  tried,  with  a  jury  of  twelve,  usurpations  of 
franchises  and  certain  classes  of  crime,  he  could  admit 
prisoners  to  bail  or  keep  them  for  the  assize,  lesser 
offences  he  could  dispose  of.  One  Coroner  at  least  for 
every  commote  was  to  be  chosen  in  full  County  Court ; 
his  principal  duties  were  to  enquire  as  to  death  by  mis- 
adventure  and  as  to  the  chattels  of  felons  to  be  answered 
at  the  coming  of  "  the  justice  of  our  lord  the  king". 
There  are  elaborate  provisions  in  the  Statute  as  to  the 
form  of  writs  according  to  the  English  law  and  as  to  civil 
business  which  could  be  determined  by  the  Sheriff  and 
jury  or  referred  to  the  Justice.  Questions  as  to  realty 
were  to  be  tried  by  a  jury,  and  as  to  personalty  by  the 
Welsh  custom,  that  is  to  say,  "in  some  cases  things  may 
be  proved  by  those  who  have  seen  and  heard,  but  where 
this  is  not   possible  the    defendant  is  to    be    put  to  his 


8         Enplish  Law  in  Wales  and  the  Marches. 


"S 


purgation  with  a  greater  or  less  number  of  purgators, 
according  to  the  gravity  of  the  matter  in  hand."  In 
criminal  matters  the  law  of  England  was  to  prevail.  The 
object  of  Edward  was  to  adapt  the  then  form  of  English 
local  government  to  the  Principality,  and  it  is  to  be 
noticed  that  the  administration  soon  fell  for  the  most  part 
into  the  hands  of  Welshmen.  From  the  Record  oj 
Carnarvon,  which  has  been  called  the  Domesday  of  Wales, 
and  which  contains  the  extents  of  Carnaiwonand  Anglesey 
in  the  reign  of  Edward  III,  and  of  part  of  Merioneth 
in  that  of  Henry  V,  it  is  evident  that  many  Welsh 
customs  had  survived  the  Statute  ;  but  the  work  of  assimi- 
lation  went  on.  There  were  no  mesne  lords  among  the 
Welsh,  the  chieftains'  rights  were  transferred  after  the 
conquest  to  the  Prmce  of  Wales.  Manors  grew  up,  and 
the  maenol,  a  division  of  a  commote,  became  in  Law 
Latin  the  manerium  and  in  English  the  manor,  the  free 
tribesmen  the  manorial  freeholders,  and  the  tceogs  or 
villani  the  copyholders ;  the  food  rents  were  commuted 
in  time  for  each  class  into  the  tunc  pound  of  silver,  which 
was  paid  to  the  Prince  of  Wales  and  is  still  paid  in  the 
form  of  crown  rents.  The  quasi-feudal  services  of  the 
free  Welshmen  were  continued,  but  in  many  cases  Welsh 
landowners  had  adopted  the  rule  of  primogeniture  instead 
of  the  entail  of  family  land,  which,  however,  like  the  joint 
holdings  of  the  tceogs,  lingered  on  in  many  places.  The 
tenure  by  the  gwely,  or  family  group  (associated  originally 
for  jurisdiction  and  tribute),  of  land  partible  among  heirs 
male,  was  adapted  to  the  tenure  by  knights'  service,  and 
altliough  it  was  formally  abolished  by  the  Ordinances  for 
Wales,  both  gavelkind  and  borough-English  are  still  to  be 
found  in  some  Welsh  manors.  The  revenue  of  the  Princi- 
pality  in  the  time  of  the  Black  Prince  was  over  £4,000 
a  year,  but  this  had  greatly  decreased  in  Tudor  tiines. 


Englîsh  Law  in  Wales  and  the  Marches.         9 

III. 

The  law  of  the  Marches,  except  in  such  as  were  in  the 
King's  hands,  was  not  so  well  ordered.  It  is  obvious  that 
in  these  petty  principalities,  in  a  disturbed  state  of  the 
country,  justice  and  good  government  were  not  the  first 
consideration,  and  in  1472  the  Coninions,  in  view  of  the 
grievances  of  the  King's  subjects  in  the  lands  adjoining 
"  Wales",  sent  a  petition  to  the  King,  which  resulted  in 
the  formation  by  Edward  IV  of  the  Court  of  the  Marches, 
which  sat  by  royal  cominission  with  an  extensive  juris- 
diction  of  no  clearly  defìned  limits,  and  became  a  powerful 
instrument  in  the  hands  of  the  Crown,  which  resisted  its 
abolition  until  long  after  the  prerogatives  of  the  Marches 
had  been  absorbed  and  Wales  had  been  annexed  to 
Enerland,  and  when  the  word  "  Marches"  had  become  of 
doubtful  meaning. 

The  members  of  this  court,  the  head-quarters  of  which 
were  at  Ludlow  Castle,  and  which  was  the  Star-Chamber  of 
Wales,  were  nommated  by  the  Crown.  They  consisted  of 
a  Lord  President  (until  the  Eeformation  always  a  bishop) 
and  of  divers  personages,  spiritual  and  lay,  the  "  Justices 
of  Wales",  who,  after  the  institution  of  the  Court  of  the 
Great  Sessions,  were  the  Chief  Justice  of  Chester  and  the 
Justices  of  the  three  circuits  of  Wales,  "  and  such  others 
as  are  learned  in  the  Lawes  and  are  to  be  called  to 
Councell  when  the  Lord  President  shall  think  requisite." 
They  were  empowered  to  deal  with  all  causes  and  matters 
(;omprised  in  the  letters  of  instruction  from  the  Crown  to 
the  Lord  President  of  the  Council.  It  was  in  its  origin  a 
Court  of  Equity,  but  it  encroached  upon  the  province 
of  the  Courts  of  Common  Law,  probably  in  a  great 
measure  owing  to  the  inability  of  these  courts  to  enforce 
their   decrees.     In   the    time    of  Elizabeth  it  had  grown 


io      English  Laiv  in  Wales  and  the  Marches. 


<5 


to  be  an  ordinary  Court  of  Justice,  and  besides  mitigating 
the  rigour  and  supplying  the  defìciencies  of  the  Conimon 
Law,  it  dealt  with  all  manner  of  misdetneanours,  examined 
the  title  to  lands,  and  gave  possession  thereof,  held  pleas 
of  debt  and  detinue,  called  to  account  evil-dealing 
"  Tutors",  examined  witnesses  "  to  remain  of  record",  and 
punished  the  vices  of  incest,  adultery,  and  fornication. 
It  also  took  upon  itself  to  deal  with  such  questions  as 
the  apprehension  of  Jesuits  and  Seminarists,  the  assize  of 
bread,  ale  and  beer,  unreasonable  excess  of  apparel  and 
the  preservation  of  game.  There  were  four  terms  during 
the  year,  each  of  which  lasted  a  month.  The  Court 
brought  law  and  order  into  the  Marches ;  in  a  report  as  to 
the  state  of  Wales  immediately  before  the  Act  of  Union, 
to  be  found  among  the  Miscellanea  of  the  Exchequer,  it  is 
stated  that  no  inquest  in  Wales  would  find  a  gentleman 
guilty  of  the  murder  of  a  poor  man,  and  that  if  it  were 
not  for  the  Council  of  the  Marches  the  crime  would  go 
unpunished;  also  that  the  council  was  daily  besieged  by 
those  whose  cattle  had  been  stolen  and  driven  off  from 
one  petty  Lordship  to  another.  "  All  the  thieves  in 
Wales  quake  for  fear",  said  Bishop  Eowland  Lee,  the 
strongest  of  the  rulers  of  the  Marches.  The  process  was 
speedy,  and  the  fees  (at  fìrst)  were  light,  but  to  a  litigious 
people  the  delight  of  summoning  their  adversary  to 
Ludlow,  which  for  many  parts  of  Wales  was  nearly  as 
inaccessible  as  Westminster,  led  to  many  frivolous  suits 
and  much  oppression.  The  easy  method  which  the 
Council  had  provided  for  poor  suitors,  of  bringing  cases 
before  the  Court  by  bill  and  answer  without  witnesses, 
encouraged  this  spirit  of  litigation,  and  had  attracted  a 
swarm  of  lawyers  who  defeated  the  original  object  of  the 
Court.  But  the  Court  was  too  useful  to  the  Crown  to 
permit   of   its   abolition,    although   the   creation    of    the 


Enplish  Laiu  in  Wales  and  the  Marches.       i 1 


.s 


itinerant  Justices  of  the  Great  Sessions  had  rendered  it  no 
longer  useful  to  the  people. 

The  "  Act  f or  re-continuing  the  liberties  in  the  Crown 
(27  Henry  VIII,  cap.  24),  a  general  act  for  this  realm, 
Wales  and  the  Marches  of  the  same,"  had  discrowned  the 
Marchers  by  enacting  that  no  one  could  pardon  treason 
and  felony  or  appoint  justices  but  the  King,  and  that  all 
"  original  and  judicial  writs"  were  to  be  in  the  King's 
name  ("the  Justice  of  the  County  Palatine  of  Chester  and 
Flint"  was  excepted  from  the  Act).  The  Act  of  Union  of 
the  same  year  had  annexed  their  Lordships  to  the 
different  Shires,  yet  by  the  Act  for  the  "  Ordinances  for 
Wales"  (34  and  35  Henry  VIII,  cap.  26),  the  President 
and  Council  of  the  Marches  were  retained,  with  power 
"  to  hear  and  determine  such  causes  and  matters  as  shall 
be  assigned  to  them  by  the  King''s  Majesty  as  heretofore 
hath  been  accustomed." 

In  the  troubles  after  the  Reformation,  Wales,  from 
the  nature  of  the  country  and  the  multitude  of  its  juris- 
dictions,  had  become  the  refuge  for  the  disaffected. 
Various  criminal  acts  were  passed,  but  shortly  afterwards 
the  whole  country  was  incorporated  with  England,  "  it 
being  thought  a  better  policy  to  adopt  that  people  into 
the  same  form  of  government  as  the  English,  than  by 
keeping  them  under  more  severe  and  strict  laws  to  hazard 
the  alienating  of  their  affections."  The  same  troubles 
had  caused  the  establishment  of  the  President  and  Council 
of  the  North  and  the  President  and  Council  of  the  West, 
both  of  which  were  even  in  those  times  objected  to  as 
illegal.  A  subsidy  act  of  32  Henry  VIII,  cap.  50,  provides 
for  the  "  raising  a  President  and  Council  in  the  Western 
Parts  having  like  authority  with  the  Council  of  Wales 
and  the  North". 

By  the  like  stretch  of  the  royal  prerogative  which  had 


1 2       English  Laiv  in  Wales  and  the  Marches. 


"S 


created  these  unconstitutional  councils,  it  was  provided  in 
the  "  Ordinances  for  Wales"  that  the  King's  most  royal 
majesty  might  alter  anything  contained  in  that  statute, 
and  make  new  laws  and  ordinances  for  Wales  "  as  to  his 
most  excellent  wisdom  and  discretion  should  be  thought 
coiwenient,"  and  that  these  alterations  and  new  enact- 
ments,  if  made  in  writing  under  his  Hig'hness'  great  seal, 
should  have  the  same  force  and  effect  as  if  they  had  been 
made  by  authority  of  Parliament.  It  was  afterwards 
argued  that  this  power  was  limited  to  Henry  YIII,  and 
that  the  most  excellent  wisdom  and  discretion  did  not 
descend  with  the  Crown  ;  but  the  Tudors  wore  that  crown 
pretty  fìrinly  on  their  heads,  and  the  clause  was  not 
repealed  until  21  Jac,  cap.  10,  which  recites  that  the  laws 
ordained  for  Wales  are  for  the  most  part  agreeable  to 
those  of  England,  and  are  obeyed  with  "  great  alacrity", 
and  that  after  so  great  a  quiet  any  further  change  or 
innovation  might  be  dangerous. 

James  I  yielded  to  the  petition  of  the  Commons 
on  this  point;  but  another  grave  constitutional  question 
was  not  so  easily  settled.  So  far  as  Wales  was  con- 
cerned  the  Court  of  the  Marches  claimed,  and  was  allowed, 
a  concurrent  jurisdiction  with  the  newly  appointed 
Court  of  Great  Sessions,  but  it  also  claimed  jurisdiction 
over  the  four  bordering  counties  of  Worcester,  Gloucester, 
Hereford  and  Shropshire,  as  parcel  of  the  ancient  Marches 
of  Wales,  and  this  brought  them  into  collision  with  the 
Courts  of  Westminster.  These  counties  had  been  sub- 
jected  to  the  Court  before  the  Act  of  Union  and  were 
afterwards  included  in  the  letters  of  instruction  from 
which  certain  places  were  from  time  to  time  omitted  on 
petition  to  the  Crown,  but  by  26  Henry  VIII,  cap.  11, 
the  three  last  counties,  as  then  constituted,  were  clearly 
distinguished    from    the    Marches.     These    letters    were 


English  Laiv  in  Wales  and  the  Marches.       13 

addressed,  as  before,  to  the  Council  of  Wales  and  the 
Marches.  "  Wales  ':  had  been  defined,  and  it  was  con- 
tended  by  the  Crown  that  the  "  Marches "  were  now 
represented  by  the  English  shires,  to  which  some  of  theni 
had  been  added,  that  it  was  expedient  that  the  inhabitants 
of  both  sides  of  the  border  should  be  subject  to  the  same 
civil  law,  and  that  the  powers  of  the  Council  rested  not  on 
statute  but  on  the  royal  prerogative.  It  was  alleged  011 
the  other  side  that  the  extraordinary  powers  vested  in  the 
Council  were  intended  to  supplement  and  not  to  supersede 
the  Comnion  Law,  that  they  had  no  definite  rules  of  pro- 
cedure,  that  they  put  prisoners  to  torture  in  cases  of 
treason  and  felony,  and.  that  they  were  in  great  measure 
dependent  on  fìnes  imposed  for  oífence  and  contempt  of 
court  and  upon  fees  ascertained  by  custom,  of  which 
custom  the  lower  ofíicials  were  the  interpreters.  In  Trin. 
Term,  2  Jac,  one  Farley  sued  for  a  habeas  corpus  in  the 
King's  Bench;  Lord  Zouch  (then  President  of  Wales  and 
the  Marches)  submitted  the  case  to  the  King  in  council, 
who  referred  it  to  the  judges,  who  decided  that  the  four 
counties  were  not  within  the  jurisdiction.  Lord  Zouch 
resigned,  "  and  yet ':  says  Coke  (who  was  one  of  the 
judges)  "  the  commission  was  not  reformed  at  all  points 
as  it  ought  to  have  been." 

In  the  instructions  to  Lord  Eure,  the  President  in 
1607,  the  extraordinary  criminal  powers  were  confined  to 
Wales,  but  the  Council  was  empowered  to  hear  and  deter- 
mine  matters  of  debt  and  trespass  011  the  English  and 
Welsh  side  under  £10,  for  such  of  the  poorer  sort  as  were 
not  fìt  to  be  compelled  to  go  to  Westminster.  In  1608 
the  question  again  came  before  the  Privy  Council ;  the 
decision  was  not  published,  but  was  apparently  not  in 
favour  of  the  Crown.  In  the  instructions  to  Lord 
Compton,  the  President  in  1617,  the  civil  jurisdiction  011 


14       English  Laiü  in  Wales  and  the  Marches. 

the  English  and  Welsh  side  in  purely  personal  actions  was 
limited  to  £50,  concurrently  with  the  Common  Law  courts, 
but  extended  to  any  aniount  when  the  poverty  of  the 
plaintiff  was  certifìed.  Full  equitable  jurisdiction  was  also 
granted,  and  the  salaries  reniained  charged  on  the  fìnes 
and  fees.  The  agitation  to  release  the  "four  shires  in  the 
Marches  of  Wales"  continued  during  the  next  year,  and  a 
bill  was  brought  in  upon  a  report  of  a  committee  of  the 
Commons  in  16  Car.,  and  passed  both  houses,  but  never 
received  the  royal  assent.  The  matter  dropped  during  the 
Commonwealth  and  was  not  revived  at  the  Restoration, 
but  immediately  after  the  E,evolution  the  movement 
against  the  Court  was  renewed,  and  a  petition  for  its 
abolition  from  ten  thousand  inhabitants  of  the  towns  and 
parishes  in  Wales  was  presented  to  Parliament.  In  it  was 
given  a  new  suffrage  to  the  litany,  "  JTrom  plague,  pesti- 
lence,  and  the  name  of  Ludlow  Court,  good  Lord  deliver 
us."  In  the  evidence  taken  by  the  Lorcls'  Committee  in 
1689,  it  was  stated  that  the  Court  cost  the  Crown  £3000  a 
year,  that  the  judges  were  judges  of  the  law  as  well  as  of 
the  fact,  that  the  trial  was  not  by  jury  but  by  "  English 
bill ",  tbat  there  was  no  appeal  from  its  decisions,  that 
the  costs  in  the  abundant  small  actions  were  excessive, 
that  actions  of  trespass,  damage  and  small  debt  were 
usually  brought  there,  and  that  several  counties  had  got 
released  by  Charles  II  from  "  pertaining  to  the  Court ". 
Sir  John  Wynne  gave  it  in  evidence  that  land  in  Wales 
was  two  or  three  years'  purchase  the  worse  because  of  the 
Court.  Evidence  was  also  given  in  favour  of  the  con- 
tinuance  of  the  Court.  But  the  result  was  that  1  Will. 
and  Mary,  cap.  27,  abolished  altogether  "  the  Court  before 
the  President  and  Council  of  the  Marches  in  Wales",  as 
contrary  to  the  Great  Charter,  the  known  laws  of  the  land, 
and  the  birthright  of  the  subject,  and  declared  that  the 


English  Law  in  Wales  and  the  Marches.       i  5 

matters  deterininable  in  that  Court  could  have  sufficient 
redress  in  the  ordinarj  courts  of  justice.1 

IV. 

Yet  ìt  was  not  in  the  Court  of  the  Marches  but  in  the 
courts  of  the  Lords  Marchers  themselves  that  justice  was 
for  many  centuries  administered  for  the  greater  part  of 
Wales.  Of  the  power  of  the  Lords  Marcher,  manj  of 
whom  sat  in  Parliament,  no  better  evidence  can  be  given 
than  the  ostentatious  waj  in  which  their  liberties  were 
reserved  in  various  Statutes,  even  in  some  in  which  those 
liberties  were  practicallj  taken  awaj.  Some  of  the 
greatest  of  the  English  nobles  held  Lordships  in  the 
Marches  ;  in  the  reigns  of  Edward  II  and  III,  twentj- 
one  Lords  Marcher  sat  among  the  Barons  in  Parlia- 
ment. 

Even  under  Mary  thej  were  still  strong  enough  to 
obtain  the  passing  of  the  "  Act  to  confìrm  the  liberties  of 
the  Lords  Marcher  of  Wales"  (1  and  2  Philip  and  Marj, 
cap.  15),  which  provided  that  the  moietj  of  the  forfeiture 
bj  their  tenants  "  for  everj  common  mainprise,  recog- 
nisance  of  the  peace  or  appearance",  which  had  been 
bj  the  Act  of  Union  reserved  to  the  laj  lords  then  in 
existence  (the  other  moietj  going  to  the  Crown)  should  be 
pajable  also  to  "  bishops  and  other  ecclesiastical  persons 
being  Lords  Marchers",  and  to  the  heirs  and  successors  of 
the  laj  lords,  and  also  that  thej  should  have  such  "  mises 
or  profìts  of  their  tenants,  keep  their  courts  baron,  courts 
leet  and  law-dajs,  and  should  have  waif  s,  strajs,  infangthef 
and   outfangthef,   treasure   trove,    deodands,    chattels    of 


1  The  original  documents  appended  to  Mr.  Lleufer  Thomas'  Further 
Notes  on  the  Court  of  the  Marches  (Y  Cymmrodor,  xiii,  pp.  125-163), 
contain  a  store  of  valuable  information  on  the  subject  of  this  chapter. 


i6      English  Laiv  in  Wales  anci  the  Marches. 

felons,  wrecks,  wharfage  and  customs  of  strangers  as 
before  the  making  of  the  said  Statute." 

The  Statute-book  throws  much  light  on  their  powers. 
The  "  Bìll  concerning  Councils  in  Wales"  (26  Henry  VIII, 
cap.  6),  after  reciting  that  the  people  of  Wales  and  the 
Marches  had  been  guilty  of  "  scelerous  deeds  and  abomin- 
able  malefacts",  commands  the  inhabitants  thereof  upon 
due  summons  to  appear  before  the  justice,  steward,  lieu- 
tenant  or  other  officer  of  the  court  in  any  castle,  fortress, 
or  other  place,  and  gives  the  right  of  appeal  to  the  Council 
of  the  Marches  from  the  unlawful  exactions  and  false 
imprisonment  of  these  same  officers,  to  which  the  Statute 
explains  they  are  somewhat  prone.  It  also  empowers  the 
justices  in  the  English  shire,  "  where  the  king's  writ 
runneth",  next  adjoining  any  Lordship  Marcher,  to  try 
certain  felonies  committed  in  such  lordship,  and  this  was 
especially  coníìrmed  in  the  "  Ordinances  for  Wales." 

The  Act  "for  the  abuses  in  the  Forests  of  Wales" 
(27  Henry  VIII,  cap.  7)  declares  that  the  customs  and 
exactions  in  the  forests  of  Wales  and  the  Marches  are 
"  contrary  both  to  the  law  of  God  and  man",  and  in- 
stances  that  if  any  one  is  found  on  a  path  in  a  forest 
without  the  forester's  token,  and  not  being  a  "yearly 
tributer  or  chenser",1  he  has  to  pay  a  grievous  fine,  and  if 
twenty-four  feet  out  of  the  path,  he  may  lose  all  the 
money  he  has  about  him  and  a  joint  of  one  of  his  hands ; 
also  that  "  all  beasts  and  quick  cattle"  found  straying  in 
the  forest  are  confìscated  to  the  Lord.  All  these  customs 
are  to  be  held  f or  naught  after  the  Teast  of  the  Nativity 
of  St.  John  the  Baptist,  1536. 

The  powers  of  the  Earls  Palatine  were  so  great  that 
the  Crown,  when  it  was  sufficiently  strong,  annexed  their 

1  L.L.  ceìisarius,  a  farmer  at  a  fixed  ront. 


English  Laiu  in  Wales  and  the  Marches.       ij 

earldoms,    but    tlie    powers    of   the    Lords    Marcher  were 

greater.     The  Counties  Palatine  were  parcel  of  the  realm 

of    Engiand    and    derived    thereform.     Wales    was    not. 

Breris  domini  regis  non  eurrit  in  WaUia3  i.e.  Wales  and  tlie 

Marches,  save  only  in  the  county  palatine  of  Pembroke. 

A  writ  of  error  lay  from  a  county  palatine  to  the  King's 

Bench;    if  any    "foreign  plea  or  voucher,s    arising  in  a 

county  palatine  was  pleaded,  the  record  was  sent  to  that 

county   to   be   tried  and    returned   to    the  King's  Bench 

for    judg-ment.      The    Lord    of  Kemes  tells  us  that    the 

Lords  Marcher  were  sworn  to  perform  covenants  as  full 

and  absolute  princes  are,    whereas    Earls    Palatine    tied 

themselves  by  covenants  and  bonds  as  subjects  do. 

The    Palatinates    were    governed    by    the    laws    and 

custonis  of  Engiand,  the  Marches  by  the   "  Lex  et  consue- 

tudo  Marchiae".     The  invader,  we  are  told,  when  he  won 

his  Lordship,  was  "  forced  to  devise  and  execute  laws  of 

himself  to  keep  his  people  in  quiet  and  peace,  for  there 

was   no   higher  court  which  could  minister  justice  unto 

theni".     These  laws  were  a  mixture  of  Engiish  law  and 

will  of  the  Lord,  and  in  earlier  times  the  latter  predomi- 

nated.     The   law   and  custom   of   the   Marches    niaj-    be 

summarised  as  f ollows  : — 1 .  The  Lordships  were    held  of 

the  crown  of  England  in  capite,  and  the  lords  appointed 

sheriffs,  coroners,  constables  of  the  castle,  chamberlains, 

chancellors,  escheators,  and  other  officers.     The  writs  ran 

in  the  name  of  the  Lord  and  not  of  the  King,  even  in  those 

held  by  the  Crown ;  it  was  the  Lord's  peace,  and  not  the 

King's,  which  the  people  of  the  Marches  were  bound  to 

keep.     2.  The  Lords  granted  charters  of  incorporation  to 

boroughs,  founded  abbeys  and  churches,  and  gave  lands 

in    mortmain.     3.  They    had    bona    intestatorum    and  for- 

feiture  of  goods  of  felons   (inciuding  eveiything  found  in 

their  possession),  stolen  goods  wherever  found,  goods  of 

c 


iS      Enplish  Law  in  Wales  ctnd  the  Marches. 


v> 


outlaws,  deodands,  and  wrecks.  They  had  the  rights  of 
wardship  and  marriage  in  respect  of  their  tenants-in-chief , 
levied  scutages  and  reliefs,  all  the  lands  of  the  lordship 
were  held  immediately  or  mediately  of  them.  By  24 
Henry  VIII,  cap.  9,  they  were  given  the  forfeiture  from 
butchers  who  killed  "  wainlings"  under  two  years  old. 
4.  They  had  judgment  of  life  and  lirnb,  pardoned  felons 
and  murderers,  "  set  them  to  fine  or  hanged  them  at  their 
pleasure".  5.  They  held  in  their  own  names  pleas  of  the 
crown,  of  land,  of  fresh  force,  and  pleas  personal  and  mixed 
to  any  aniount.  6.  Such  of  them  as  were  maritime  were 
admirals  of  the  coast,  with  the  prerogatives  of  the  old 
enstodes  maris.  7.  They  could  grant  out  any  of  their 
privileges  to  subordinate  lords.  8.  They  made  war  and 
peace  with  their  neighbours  at  their  pleasure.  In  1291 
Humphrey  de  Bohun,  Earl  of  Hereford,  complained  to  the 
King  that  Gilbert  de  Clare,  Earl  of  Gloucester,  who  was 
also  lord  of  Glamorgan  and  Morganwg,  had  with  the  men 
of  his  Welsh  lordship  invaded  the  complainant's  lordship 
of  Brecon.  The  proceedings  are  given  at  length  m  Ryley ; 
the  defendants  set  up  the  law  and  custom  of  the  Marches, 
under  which  they  claimed  rights  which  were  not  to  be 
found  extra  Marchiam,  and  were  told  that  for  the  public 
good,  the  King  was  per  prerogatẅam  suam  in  multis  casibus 
supra  leges  et  consuetudines  in  regno  suo  usitatas.  The 
result  shows  that  even  Edward  I  thought  it  prudent  to 
deal  leniently  with  the  iiwaders.  9.  They  had  rights  of 
forest  as  abo^e  mentioned.  10.  The  more  important  of 
the  lords  were  summoned  to  parliament  as  barons  by 
tenure,  ancl  it  is  to  be  noted  that  the  King's  writs  for  men 
and  munition  of  war  were  sent  only  to  the  Marchers ;  those 
to  the  new  formed  principality  were  sent  by  the  Prince  of 
Wales.  11.  The  form  of  conveyance  of  land  was  in 
general  as  was  used  in  England ;  in  some    lordships  there 


English  Law  in  Wales  and  the  Marches.       19 

were  copyholds  after  the  English  manner,  ancl  in  others, 
especially  in  those  adjacent  to  the  mountainous  district, 
there  was,  besides  the  English  court,  a  Welsh  court,  in 
which  lands  were  partible  among  brothers  and  were  sur- 
rendered  in  court  in  accordance  with  the  old  Welsh 
custom,  and  in  which  the  rents  and  services  differed  from 
those  in  the  Englishry.  These  Welsh  courts  appear  to 
have  become  more  frequent  after  the  English  plantations 
of  the  first  settlers  liad  died  out ;  many  of  these  had 
married  Welsh  women,  and  their  children  became  Welsli, 
and  more  Welshmen  came  in.  The  Lords,  following  the 
example  of  Edward  I,  permitted  "  certaine  pointes  of 
the  old  Welsh  lawes  which  were  nothing  noysome  to  the 
lords  nor  repugnant  to  the  lawe  of  Englande";  these 
"  pointes"  were  afterwards  held  to  be  particular  customs 
of  the  manors.  12.  The  division  of  land  was  into  knights' 
fees,  ploughlands  and  oxlands,  although  the  forms  of 
the  old  Welsh  cantred  and  commote  were  sometimes 
maintained.  The  dimensions  of  the  acre  in  the  Englishry 
and  Welshry  were  not  the  same. 

The  high  court  of  the  Lord  was  usually  held  in  the 
castle,  a  necessary  adjunct  to  a  March,  and  the  seneschal 
01*  other  presiding  officer  was  the  judge  and  not  the 
suitors  as  in  the  old  county  courts  and  courts  baron.  It 
was  a  court  of  record,  and  transacted  all  the  criminal  and 
civil  business  of  the  Lordship ;  in  it  were  collected  all  the 
fines  and  dues  to  the  Lord,  and  from  it  there  was  no 
appeal. 

The  tenure  of  the  Lords  Marcher  was  to  guard  their 
castles  (this  was  enforced  by  2  Henry  IV,  cap.  18),  and 
also  in  some  cases  the  sea  coast,  and  to  supply  the  King 
with  "men  and  munition"  against  his  enemies. 

After  the  death  of  a  Lord  Marcher  the  King's  writ  was 

sometimes  sent  to  the  escheator  of  the  shires  of  Glou- 

c2 


20      Enolish  Law  in  Wales  and  the  Marches. 


& 


cester,  Hereford,  Salop,  and  Worcester,  who  was  also 
escheator  of  the  Marches,  who  held  an  inauisitio  post 
mortem  locally  as  to  the  tenure  and  value  of  the  lordship. 
We  do  not  fìnd  any  enquiry,  as  in  England,  as  to  the  dues 
to  the  Crown ;  the  object  usually  was  to  ascertain  whether 
the  King  ìnight  take  the  lordship.  That  the  King  had  no 
rig-ht  of  wardship  in  the  Marches,  ubi  brevia  Regis  non 
currunt,  was  recognised  in  the  Statute  Prerogatẁa  Regis 
(17  Edward  II,  Stat.  1).  The  King's  court  also  tried  any 
question  as  to  the  title  of  the  lordship  itself,  which  was 
for  this  purpose  supposed  to  be  within  the  English  county 
next  adjoining  (much  as  in  a  fanious  case  Minorca  was 
presumed  to  be  in  the  ward  of  Cheap),  also  "for  want  of  a 
superior"  it  tried  any  dispute  between  two  Lords  Marcher 
and  sometimes  enquired  by  auo  warranto  as  to  the  claims 
of  the  Marchers.  In  ecclesiastical  matters,  as  the  court  of 
the  Lord  could  not  make  process  to  the  bishop,  the  King's 
Bench  issued  a  writ  to  send  the  record  up,  and  the  matter 
was  then  dealt  with. 

The  Welsh  bishops,  so  far  as  their  dioceses  lay  in  the 
Marches,  were  also  Lords  Marcher,  as  were  also  other 
ecclesiastical  personages,  especially  the  Knights  Hospital- 
lers,  who  held  much  property  in  Wales.  These  spiritual 
Marchers  did  not  obtain  their  rights  by  conquest  but  from 
the  necessity  of  the  case,  "for  otherwise  their  tenants  and 
people  must  have  lived  lawless  and  without  government"; 
but  they  were  in  many  cases  confirmed  by  grants  from  the 
Crown,  and  the  invaders  respected  the  lands  of  spiritual 
men,  even  if  they  were  Welshmen.  The  bishops  of  St. 
David's  led  their  "  subjects"  to  war  with  the  shrine  and 
relics  of  the  patron  Saint  at  their  head;  they  had  the 
power  of  life  and  death;  their  stewards,  constables,  and 
recorders,  were  noblemen  and  men  of  high  position  ;  they 
had  garrisons  in  their  city  and  castle ;  and  as  their  statutes 


Enplish  Law  in  Wales  aud  the  Marches.       2 1 


«5 


show,  regulated  the  price  of  labour  and  victuals  uj)on  pain 
of  fine  and  imprisonment. 

We  have  accounts  written  in  the  reign  of  Elizabeth  of 
two  Lordships  Marcher  at  either  end  of  South  Wales,  the 
Lordshij)  of  Kemes  and  the  Lordship  of  Glamorgan,  which 
give  us  some  idea  of  their  state  and  position. 

The  Lordship  of  Kemes,  which  was  conquered  by 
Martin  of  Tours  in  the  reign  of  William  Rufus,  consisted 
of  tlie  Domain  and  the  Service.  The  Domain  included 
the  Lord's  castle  at  Newport  with  four  manors  annexed, 
divers  farms  and  houses,  rents  and  suit  of  tenants,  mills, 
fishings,  woods  and  forests,  perquisites  of  court  and  casu- 
alties  and  patronage  of  churches.  The  Service  was 
divided  into  the  High  Fee,  eight  knights'  fees  and  seven- 
teen  ploughlands  held  immediately  of  the  Lord,  and  the 
Mean  Tenure  of  the  same  number  of  fees  and  ploughlands 
held  as  sub-ordinate  manors  ;  there  were  also  annexed  to 
the  Lordship  four  other  manors  as  "  ornaments  and  for 
the  more  dignitj  thereof,"  and  four  corporate  towns ;  the 
whole  was  under  the  jurisdiction  of  the  High  Court  of 
Eemes.1 

The  great  lordship  of  Glamorgan,  the  lowland  portion 
of  which  was  conquered  by  Robert  Fitzhamon  in  the  reign 
of  William  Rufus,  consisted  of — 1,  the  Gorpus  Comitatus, 
some  thirty-six  knights'  fees  which  did  suit  to  the  castle  of 
Cardiff,  where  the  Sheriff  held  his  monthly  court  and  the 
Chancellor  his  court  on  the  day  following  for  "  matters  of 
conscience."  2,  The  Members,  the  twelve  chief  lordships, 
wliich  had  like  regal  jurisdiction,  except  that  a  writ  of 
error  lay  to  the  Chancery  of  Glamorgan,  and  that  the 
suitors,  and  not  the  presiding  officer,  were  judges.  In  the 
hill  districts  the  Welsh  laws  remained  until  the  end,  and 

1  Oicens  Pembrohes/äre,  \,  495. 


22       Enelish  Law  in  Wales  and  the  Marches. 


<5 


the  customs  varied  as  they  did  in  most  Lordships  Marcher. 
3,  The  Boroughs,  both  in  the  Corpus  and  the  Members, 
which  lield  their  liberties  by  Charter  from  the  Lord  of 
Glamorgan  and  were  governed  by  mayors  and  bailiffs  or 
by  stewards  ;  and  4,  the  possessions  of  the  Cathedral  of 
Llandaff  and  the  religious  houses.  The  bishops  had  jura 
regalia,  but  sede  vacante  the  Lord  of  Glamorgan  claimed 
the  temporalities  of  the  see  and  the  right  to  appoint  to 
preferments.  The  chronicler  rejoices  that  after  the  Act 
of  Union  life  and  death,  land  and  goods,  were  no  longer 
at  the  pleasure  of  the  Lords  or  dependant  upon  uncertain 
laws,  customs,  and  usages,  of  which  some  part  "  rested  in 
memory"  and  were  not  written.1 

After  that  Act  the  Lords  Marcher  were  practically 
reduced  to  the  position  of  lords  of  manors;  many  customs 
and  usages  lingered  on,  but  the  law  was  to  be  found  in  the 
English  Statute  Book.  It  will  be  seen  that  the  Lords 
Marcher  were  in  theory  and  in  practice  sovereign  princes. 
Theii  powers  rested  on  no  grant  from  the  crown  but 
gradually  grew  up  from  force  of  circumstances,  and  for 
practical  purjDOses  they  might  have  boasted,  like  the  Udal- 
lers  of  Shetland,  that  they  held  of  God  Almighty.  Living 
in  a  warlike  state  they  were  of  the  greatest  service  to  the 
English  kings  in  their  wars  against  the  Welsh  princes, 
while  their  castles  (of  which  there  were  in  Glamorganshire 
forty-six  and  in  Pembrokeshire  nineteen)  made  their  posi- 
tion  almost  impregnable.  There  is  only  one  instance  of 
their  endeavouring  to  act  in  a  corporate  capacity,  they 
(Marchiones  de  Marchia  Wallice)  claimed  in  1236,  against 
the  Barons  of  the  Cinque  Ports,  to  bear  the  canopies  over 
Henry  III  and  his  Queen  at  their  marriage,  but  their 
claim  auodam  modo  frẁolum  putabatur. 

1  Rice  Merrick's  Moryanicc  Archaiographia. 


Enpilsh  Law  in  Wales  and  the  Marches.       2X 


vè> 


ô 


Stephen,  in  his  History  of  the  Criminal  Law,  says,  in 
ret'erence  to  a  quo  warranto  brought  against  Thomas 
Cornwall  in  Term  Mich.,  44  and  45  Elizabeth,  as  to  his 
claim  to  jnra  regalia  in  two  lorclships,  notwithstanding 
that  they  had  been  annexed  to  Herefordshire  by  the  Act 
of  Union :  "  The  pleadings  come  to  this,  that  so  much  of 
Wales  as  had  not  been  brought  under  the  Statute  of 
Wales,  continued  unfcil  1535  to  be  governed  by  a  number 
of  petty  chief  s  called  Lords  Marcher,  who  may  be  compared 
to  the  small  rajahs  to  whom  much  of  the  territory  of  the 
Punjab  and  North  West  Provinces  still  belong." 

V. 

The  Statute  Book  already  contained  divers  Acts  in- 
tended  to  bring  the  Welsh  into  niore  complete  subjection, 
and  after  the  insurrection  of  Owen  Glyndwr  in  the  reign 
of  Henry  IV  a  series  of  enactments  deprived  the  inhabi- 
tants  of  the  Principality  of  all  rights  of  citizenship. 

The  Act  of  Union  (27  Hen.  VIII,  cap.  26)  1,  united 
Wales  to  England;  2,  created  the  new  shires  of  Mon- 
mouth,  Brecon,  Radnor,  Montgomery  and  Denbigh,  and 
made  the  Marches  shire  ground ;  3,  abolished  the  civil  and 
criminal  jurisdiction  of  the  Lords  Marcher,  saving  to  them 
courts  baron  and  courts  leet,  certain  seignorial  rights  and 
a  moiety  of  forfeiture  and  fees ;  4,  extended  the  beneíìt  of 
English  laws  to  Wales  and  directed  that  justice  should  be 
administered  in  the  English  tongue  (by  4  Geo.  II,  cap.  26, 
it  was  enacted  that  all  proceedings  in  the  courts  of 
England  and  Wales  should  be  in  English)  ;  and  5,  gave 
the  Welsh  people  representation  in  Parliament.  Wales 
and  the  Marches  had,  like  the  Counties  Palatine,  been 
hitherto  unrepresented,  although  in  1322  and  1327  certain 
representatives  had  been  suminoned  from  Wales. 


24      English  Laiü  in  Wales  and  the  Marches. 

The  Act  for  the  Ordinances  for  Wales  (34  and  35  Hen. 
VIII,  cap.  26)  1,  divided  Wales  into  twelve  shires,  i.e.  the 
four  recently  created  and  the  eight  "of  long  and  ancient 
tiine";  2,  abolished  the  Welsh  tenure  of  land  ;  3,  appointed 
yearly  sheriffs  (they  had  previously  been  appointed  for 
life),  who  held  courts  as  in  England  and  who  by  1  Edward 
VI,  cap.  10,  were  directed  to  have  deputies  in  the  Courts 
of  King's  Bench  and  Common  Pleas  at  Westminster, 
coroners,  escheators  (to  hold  incjuisitions  on  the  death  of 
crown  tenants  and  to  take  charge  of  forfeited  lands  and 
goods  for  the  crown),  and  other  shire  officers  and  a  limited 
number  of  justices  of  the  peace;  4,  confirmed  the  hundreds 
made  by  royal  commission ;  5,  continued  the  Court  of  the 
Marches ;  and  6,  established  a  new  court  of  itinerant 
justices. 

This  was  "the  King's  Great  Sessions  in  Wales",  of 
which  the  judges  were  the  Chief  Justice  of  Chester  and 
three  other  justices,  each  of  whom  had  three  shires  in  his 
circuit.  They  had  the  powers  of  the  judges  of  the  King's 
Bench  and  Common  Pleas  and  of  assize,  had  a  Chancery 
jurisdiction  and  held  sessions  in  each  shire  twice  in  the 
year,  each  of  which  was  to  last  six  days.  There  are 
various  regulations  for  their  "  original  seals"  for  original 
writs,  "judicial  seals "  for  judicial  process,  and  for  the 
ofticers  and  proceedings  of  the  Courts.  A  writ  of  error 
lay  from  the  Great  Sessions  in  pleas  real  and  mixed  to 
the  King's  Bench,  and  in  personal  pleas  to  the  Court  of 
the  Marches,  and  after  the  abolition  of  that  Court,  also  to 
the  King's  Bench.  (A  custos  rotulorum  and  justices  of  the 
peace  were  also  appointed  as  in  England  for  each  shire, 
the  number  of  the  latter,  beyond  those  who  were  ex  officio, 
was  limited  to  eight,  and  this  was  not  altered  until  after 
the  Eevolution.  The  Act  of  27  Henry  VIII,  cap.  5,  had 
already    appointed  justices  of  the    peace  for  the  County 


English  Law  in  Wales  and  the  Marches.       25 

Palatine  of  Chester  and  the  then  existing  Welsh  counties.) 
The  business  of  the  Court  of  Great  Sessions  having  niuch 
increasecl,  and  many  important  cases  having  to  be  decided 
there,  an  additional  justice  was,  by  18  Elizabeth,  cap.  8, 
appointed  for  each  circuit.     The  two  justices  sat  together, 
and  when  the  court  was  not  unanimous  the  inconvenience 
was  obvious.     There  was  at  first  much  doubt  whether  the 
Courts  of  Great  Sessions  had  any  equitable  jurisdiction, 
but  the  point  was  decided  in  their  favour  by  the  King's 
Bench  in  19  Car.  II.     The  courts  at  Westminster  claimed 
concurrent  jurisdiction,  and  in  time  obtained  it.     In  the 
case  of  Laurpley  v.  Thomas  (21  George  II)  it  was  decided 
that  brevis  Domini  Eegis  de  latitat  (and  semble  other  mesne 
process   between  subjects)   non  currit  in  Wallia,  notwith- 
staiiding  that  it  was    admitted  that  all  judicial   process 
could  go,  and  that  it  was  contended  that  the  High  Court 
had  a  general  jui'isdiction,  although  there  was  a  sufiicient 
court  to  try  the  case  in  Glamorgan,  where  the  cause  of 
action  arose.     This  case  forms  the  text  of  "  A  discourse 
against  the  jurisdiction  of  the  King's  Bench  over  Wales 
by  process  of  latitat,"  in  whichthe  author  enters  at  length 
into  the  history  of  the  courts  of  Wales  and  the  Marches 
and  inveighs  against  the  " custodia  marescalli,,,  the  great 
engine  of  the  encroachments  of  the  King's  Bench,  which 
had  usurped  civil  business  from  other  courts  by  the  fìction 
that  the  defendant  had  committed  a  breach  of  the  peace 
in  the  County  where  the  court  sat  and  was  in  the  custody 
of  the  Marshall  of  the  court.     The  editor  of  the  report 
suo-çrests  that  it  was  the  interest  of  the  officials  of  the 
King's  Bench  to  bring  Welsh  litigants  into  their  net,  and 
their  efforts  were  attended  with-  success,  for  the  case  was 
over-ruled  by  Lloyd  v.  Jones   (9  George  III),  where  it  is 
stated  that  actions  are  every  day  brought  in  the  King's 
Bench  against  a  defendant  in  Wales ;  and  in  the   same 


2 6       Enplish  Law  in  Wales  and  the  Marches. 


<^> 


year,  in  Rex  v.  Lewis  et  al.,  it  was  decided  that  a  certiorari 
lies  to  move  an  indictment  from  the  Glamorgan  Quarter 
Sessions  per  saltum  to  the  King's  Bench,  without  going 
through  the  Great  Sessions.  Lord  Mansfield,  in  his  judg- 
ment  in  Mostyn  v.  Fabrigas,  a  case  before  alluded  to,  said: 
"  If  an  action  is  brought  here  for  a  matter  arising  in 
Wales,  you  must  show  the  jurisdiction  of  the  Court  in 
Wales.  If  there  is  no  other  mode  of  trial,  that  will  give 
the  King's  Court  jurisdiction."  The  Courts  of  Westmin- 
ster  were  much  sought  after  by  Welsh  litigants,  who 
preferred  them  in  important  matters  to  the  local  tribunal, 
but  they  were  also  largely  used  in  small  matters  where  the 
plaintiff  entered  his  action  to  be  tried  in  the  nearest 
English  county.  In  1773,  by  the  13  George  III,  cap.  51, 
entitled  "  An  Actto  discourage  the  practice  of  commencing 
frivolous  and  vexatious  suits  in  his  Majesty's  Courts  at 
Westminster  in  causes  of  action  arising  within  the 
Dominion  of  Wales,  and  for  further  regulating  the  pro- 
ceedings  in  the  Courts  of  Great  Session  in  Wales,"  the 
defendant  in  such  an  action  tried  at  the  assizes  in  the 
next  English  county  was  entitled  to  judgment  if  the 
plaintiff  did  not  recover  £10  debt  or  damages.  This  Act, 
which  has  been  called  "  the  Welsh  Judicature  Act",  con- 
tamed  various  regulations  as  to  the  deputies  of  the  Welsh 
judges,  the  striking  of  juries,  the  return  of  original  writs, 
and  other  matters.  It  also  empowered  the  judges  of 
Great  Sessions  to  apj>oint  commissioners  to  take  affidavits 
to  be  used  in  their  courts,  and  to  nominate  persons  (other 
than  common  attorneys  or  solicitors)  to  take  recognizance 
of  bail ;  it  also  provided  that  certain  penalties,  given  by 
statute  and  directed  to  be-recovered  in  the  courts  of  West- 
minster,  should  be  recoverable  at  the  Great  Sessions. 

But  notwithstanding  this  Act,  efforts  were  still  made 
to  reform  or  abolish  the  Welsh  Judicature,  the  reason  of 


English  Law  in  Wales  and  the  Marches.       27 

whose  existence  had  in  the  opinion  of  many  passed  away. 
Among  the  five  bills  in  Burke's  projected  plan  of  economi- 
cal  reforni  in  1780  was  one  "  for  the  niore  perfectly 
uniting  to  the  Crown  the  Principality  of  Wales  and  the 
County  Palatine  of  Chester,  and  for  the  more  conimodious 
administration  of  justice  within  the  same";  and  in  1798  a 
select  committee  of  the  House  of  Commons  on  finance 
in  courts  of  justice  recommended  the  amalgamation  of  the 
four  Welsh  courts  of  Great  Session. 

Another  Select  Committee  was  appointed  by  that 
House  on  the  administration  of  justice  in  Wales,  who 
made  an  interim  report  in  1817.  Owing  to  the  death  of 
the  chairman  of  the  Committee  their  proceedings  had  been 
checked,  but  they  stated  that  some  of  the  points  which 
called  for  amendment  were — 1,  the  long  period  of  the  year 
during  which  no  recovery  could  be  suffered  or  fine  levied, 
and  the  magnitude  and  uncertainty  of  the  expense 
thereof ;  2,  the  inability  of  each  Court  of  Great  Session 
to  compel  the  attendance  of  witnesses  outside  its  own 
particular  jurisdiction ;  3,  the  necessity  of  moving  for 
a  new  trial  before  the  same  judges  immediately  at  the 
close  of  the  fìrst  trial ;  4,  the  security  of  f  unds  directed  to 
be  paid  into  Court  depending  on  the  personal  solvency  of 
the  officers  of  the  Court ;  5,  the  diversity  of  practice  in 
the  different  circuits  with  regard  to  writs  of  certiorari  (by 
which  the  proceedings  were  removed  to  the  court  above)  ; 
and  6,  the  necessity  of  judges  and  counsel  remaining  the 
same  time  at  each  place  on  the  circuit  whether  there  was 
business  for  them  or  not. 

In  1820  the  Committee  submitted  further  evidence,  but 
offered  no  opinion,  and  in  1821  issued  their  third  and  final 
report.  In  this,  some  of  the  points  mentioned  in  the 
report  of  1817  are  repeated,  and  the  Committee  bring 
forward  further  defects.     Each  Court  being  supreme  had 


28       Enplìsh  Law  in  Wales  and  the  Marches. 


.> 


in  the  course  of  years  established  its  peculiar  standard 
of  justice,  so  that  there  were  in  Wales  four  indepen- 
dent  jurisdictions,  each  containing  three  counties  (one 
circuit  including  Chester) .  The  Coui't  could  not  enf orce 
its  own  decrees,  and  defendants  frequently  and  easily 
withdrew  from  the  jurisdiction.  When  the  two  judges 
differed  there  was  no  decision,  and  there  was  no  aj>peal 
except  to  the  House  of  Lords,  and  by  writ  of  error  to 
the  King's  Bench.  Writs  of  certiorari  were  used  for 
purposes  of  delay,  and  the  trial  in  the  next  English 
county  was  a  denial  of  justice  to  the  poorer  suitor.  As 
the  Court  was  only  open  for  three  weeks  twice  in  the 
year  it  was  not  possible  to  conduct  the  necessary  pro- 
ceedings  in  a  suit  of  equity,  which  was  stated  to  have 
been  "  more  dilatory  and  prolix"  than  in  the  High  Court 
of  Chancery  itself.  The  encouragement  to  the  attor- 
neys,  who  were  easily  admitted  and  were  attached  to 
each  circuit,  the  Committee  consider  to  be  "highly  dis- 
advantageous".  The  Committee  state  that  the  judges, 
who  hold  office  during  the  pleasure  of  the  Crown,  received 
no  pension,  but  a  salary  of  £1,150  each  (with  the  exception 
of  the  Chief  Justice  of  Chester  and  his  puisne,  who  were 
more  highly  paid),  and  they  gave  it  as  their  opinion  that 
"  minor  difficulties  might  be  removed  by  new  regulations, 
but  no  right  administration  of  justice  could  be  obtained 
without  such  fundamental  changes  as  would  amount  to  a 
new  jurisdiction." 

How  the  Court  employed  the  six  days  which  they  were 
obliged  by  the  Act  of  Ordinances  to  spend  in  each  assize 
town  may  be  gathered  from  the  cvidence  of  Sir  William 
Garrow,  a  Baron  of  the  Exchequer  and  formerly  Chief 
Justice  of  Chester  (this  last  office  was  always  considered  a 
stepping-stone  to  preferment  in  England).  On  Monday 
the  Court  was  opened,  but  no  business  was  done ;  Tuesday, 


Bngiish  Law  in  Wales  and  the  Matches.       29 

the  Grrand  Jury  Day,  the  judges  went  to  Church  and  the 
Grand  Jury  was  charged :  Wednesday,  the  trial  of  ad- 
journed  issues,  the  amount  of  business  may  be  judged 
froni  the  fac't  that  this  was  known  as  "nothing  at  all 
day";  Thursday,  crown  business  ;  Friday,  new  issues ;  and 
on  Saturday  the  court  left  for  the  next  town. 

How  far  the  proceedings  in  equity  had  beconie  a  farce 
may  be  estiniated  from  the  fact  recorded  that  with  a  view 
to  an  increase  of  costs  the  ancient  ballad  of  Chevy  Chase 
was  copied  into  a  Chancery  Bill  and  escaped  detection. 

The  Welsh  Judicature  was  the  subject  of  a  long  and 
heated  controversy  and  of  many  debates  in  both  Houses 
of  Parliament.  Lord  John  Russell,  in  a  debate  in  1820, 
said  that  as  the  Welsh  judges  were  eligible  for  seats  in 
that  House  their  posts  were  looked  upon  as  retainers  or 
rewards  for  the  support  of  ministerial  measures.  It  was 
also  objected  to  them  thattheyused  their  abundant  leisure 
to  practice  at  the  bar  of  the  English  Courts,  and  that  as 
twelve  judges  were  then  deemed  sufficient  for  England, 
eight  were  a  superfluity  for  Wales.  We  also  hear  many 
complaints  of  the  County  Courts  in  Wales,  where  small 
debts  were  then  recovered,  and  which  were  presided  over 
by  the  under-sheriff,  who  was  a  judge  one  year  and  an 
advocate  the  next,  in  the  same  Court. 

The  time  was  not  yet  ripe  for  the  fundamental  changes 
which  the  Committee  of  1821  had  suggested,  but  a  last 
effort  was  made  in  1824  to  continue  the  Courts  and  to 
establish  one  uniform  course  of  procedure,  in  which,  as 
may  be  seen  from  the  books  of  practice  for  various  cir- 
cuits,  many  discrepancies  had  arisen.  This  was  the  5 
George  IV,  cap.  106,  •' An  Act  to  enlarge  and  extend  the 
powers  of  the  judges  of  the  several  Courts  of  Great 
Sessions  in  Wales,  and  to  amend  the  laws  relating  to  the 
same."     By  this  the  business  of  the  Great  Sessions  was 


30      English  Laiv  in  Wales  and  the  Marches. 

increased  by  a  provision  non-suiting  a  plaintiff  who  ob- 
tained  less  than  £50  debt  or  damasres  in  a  Court  outside 
the  Principality.  The  Courts  were  given  various  powers 
to  extend  their  jurisdiction  and  were  empowered  to  hear 
niotions  and  petitions  in  law  and  equity  in  London  when 
the  Courts  were  not  sitting  in  Wales. 

After  the  Act  of  Union  several  statutes  were  passed  as 
to  the  adniinistration  of  law  in  Wales,  others  were  especi- 
ally  extended  to  Wales,  until,  by  20  George  II,  cap.  42,  it 
was  declared  that  the  word  "  England "  in  any  future 
Act  of  Parliament  shall  be  deemed  to  comprehend  the 
Dominion  of  Wales.  At  length  the  opponents  of  the 
local  judicature  gained  their  cause;  by  the  11  George  IV, 
and  William  IV,  cap.  70,  the  Court  of  Great  Sessions  was 
swept  away,  two  ne^y  circuits  of  the  English  judges  for 
Chester  and  Wales  were  established,  Wales  became  entirely 
subject  to  the  courts  of  Westminster,  and  the  Act  of 
Union  was  completed. 

It  was  reseiwed  for  another  generation  to  uìido  the 
work  of  Edward  Plantagenet  and  Henry  Tudor,  and  to 
inaugurate  an  era  of  separate  legislation  by  the  Welsh 
Sunday  Closing  Act,  1881. 


For  the  subject   of  this  essay  reference   is   made   to 
the  f  ollowing  works  : — 

Archceologia    Cambrensis,    III,  iii,   84,    and  vi,    34  ;   IV,  viii,  249, 

and  xii,  137  and  186. 
Bacon's  Worha  (Spedding  ed.),  vii,  567. 
Baronia  de  Keineys. 
Burrow's  Reports,  iv,  2,456. 
Cambrian  Quarterly  Magazine,  1829. 
Camden,  Britannia,  s.r.  "  Shropshire".     Additions. 
Carte,  General  History  of  Englanâ,  iii,  794. 
Cawdoi-,  Earl,  Letter  to  Lord  Lyndhurst,  1828. 


English  Law  in  Wales  and  the  Marches.       3 1 

Clive,  History  of  Ludloio. 

Coke,  Booh  of  Entries,  549,  No.  9. 

Coke,  Fourth  Institute,  240. 

Cymmrodor,  Vols.  ix  (Professor  Tout  on  the   Welsh  Shires),   xii 

(Judge  Lewis  on  the  Court  of  the  Marches),  and  xiii  (Mr. 

Lleufer  Thomas'  Further  Notes  on  the  Court). 
Dineley,  Beaufort  Proyress.     Preface. 
Doddridge,  Principality  of  Wales. 
Duckett,  Marches  of  Wales. 
Ilall,  Red  Booh  of  the  Exchequer,  ii,  756. 
Ilallam,  Constitutional  History,  i,  328. 
Ilansard,  Parliamentary  Debates,  N.S.,  i,  745  ;  xxv,  1,164. 
Hargrave,  Tracts,  i,  379. 

Herbert,  Life  and  Raigne  of  Henry  VIII  (ed.  1649),  369,  381. 
Historical   MSS.    Commission,    12th  Report,    Ap.   Part    6  ;    13th 

Report,  Ap.  Part  4. 
Reble's  Beports,  i,  129  ;  ii,  259. 
Lloyd,  Powys  Fadog. 
Milman,  Political  Geography  of  ìf'ales. 
Morgan  ice.  A  i  -c/i  eeogi  'aph  ia . 
Owen,  Edward,  Catalogue  of  MSS.  in  the  British  Museum  relating 

to  Wales.     (Cymmrodorion  Record  Series,  No.  4.) 
Owen,  Edward,  Pteport  to  Welsh  Land  Commission. 
Owen,  George,  MSS. 
Owen's  Pembroìceshire. 

Palmer,  Ancient  Tenures  of  Land  in  the  Marches  of  North  Wales. 
Record  of  Carnarvon. 

Reeves'  History  of  the  English  Law  (ed.  Finlason),  ii,  8-16. 
Report  of  Select   Committee  of  House  of  Commons  on  Finance  in 

Courts  of  Justice,  1798. 
Reports  of  Select  Committee  of  House  of  Commoìis  on  the  Adminis- 

tration  of  Justice  in    Wales,  1817,  1820  and  1821. 
Report  of  Lords  Committee  on  the  Dignity  of  a  Peer,  iv,  325. 
Rotali  Walliee. 

Ryley,  Placita  Parliamentaria,  74,  78  and  80. 
Rymer,  Foedera,  H.  i,  178  ;  ii,  Part  2,  171. 
Seebohm,  Early  Yillage  Communities,  181. 
Shrewsbury  Chronicle,  1819.     Letters  on  the  Practice  of  the  Great 

Sessions. 
Smith,  Leading  Cases,  i,  628, 
State  Papers  ( Domestic). 


32       English  Law  in  Wales  and  the  Marches. 

Statutes  of  the  liealm. 

Stephen,  History  of  the  Criminal  Law,  i,  141. 

Stubbs,  Constitidional  History,  ii,  219. 

Taylor,  History  of  Gavelkind,  103  and  167. 

Tout,  Edioard  the  First,  16-22,  107-119. 

Vaughan's  Heports,  395. 

Warrington,  History  of  Wales,  Book  V. 

Wilson's  Reports,  i,  193. 

Worcester,  Calendar  of  Quarter  Sessions'  Records,  Part  I,  p.  684. 

Wootton,  Leyes  Wallicce,  Ap.  518. 


Engíish  Laiv  in  Wa/es  and  the  Marches.      33 


APPENDIX.] 


The  state  of  the  Canse  con-  m- 

cernino-e    the    Lo  :     President     and 
Counsell  in  ye  Marches  of  Wales.2 

The  differences3  are  fower. 

1 .  Whithe'r  a  prohibicẁm  lie  out  of  the  Kinges 

benche  mto  the  Marches. 

2.  Whither   a   habeas    Corpws    lie    into    ihe 

Marches    as    to    question    their    juris- 
diccion. 

3.  Whither  the  foure  counties  of  Gloucesíer, 

Worcesíer,    Hereforrf,    Salop,    ought    to 
be   exempted. 

4.  Whither  the  counsell  in  the  Marches  niay 

proceed  in  any  case  after  Judgmewt. 

The  twoe  first  questions  are  one  in  profe,  for  the  asser- 

tion  for  them  of  the  Marches  is  that  they  are  not  sub- 

ordinat  to  the  Kinges  benche  but  onlie  and  immediatlie 

accountable  to  the  Kinge  and  his  privie  counsell. 

rr.  11  •  ímatter  of  Lawe. 

lo  proue  this  „  ^  •  i      . 

f  i  1  matter  ot  vsa»e  and  president. 

wee  produce  £      -, . °.         ^L 

1  [matter  01  policie  and  convenience. 

For  matter  of  Lawe  wee  alledge 

1.     That  it  is  a    counsell   of  the  ^ing-es  and  partici- 

pant  of  his  prerogatiue  and    therefore  exempt  from  the 

controule  of  any  cort  of  Lawe.    Britton,1  lib.  1.    "  Wee  will 


1  The  Editorial  Committee  are  indebted  for  the  interesting  docu- 
ment  contained  in  this  Appendis,  and  the  Notes  thereon,  to  Dr. 
Henry  Owen,  the  writer  of  the  foregoing  Essay. — [E.  V.  E.] 

2  This  Tract  gives  the  case  for  the  Crown  in  the  proceedings 
before  the  Privy  Council  referred  to  at  p.  13  ante.  It  is  taken 
from  Harl.  MS.,  141,  in  the  British  Museum.  There  is  a  later 
copy  in  Lansdowne  MS.,  216  (see  Owen's  PembroJceshire  II,  pp.  1  and  131). 
It  seems  to  be  the  original  argument  of  Bacon,  as  the  King's 
Solicitor-General,  which  he  has  summarised  in  the  Tract  on  "The 
Jurisdiction  of  the  Marches",  published  in  Spedding's  edition  of  his 
works,  vol.  vii,  p.  587.  3  Points  in  dispute. 

4  Britton,  Pleas  of  the  Crown.     Introduction,  sect.  v. 


34       English  Laiu  in  Wales  and  the  Marches. 

that   our   Jurisdiccion   be  aboue  all  Jurisdiecions  in   our 

Realme  so  as  wee  haue  power  to  geeue  or  cause  Judg- 

mentes  to   be  geeuen   as  shall  seeme   to  "vs  good  wtthout 

other  forme  of  proces  where  wee  may  knowe  the  true  right 

as  Judge"  :  which  Jurisdiccẃm  the  Kinge  exerciseth  by  his 

counselì,  for  a  counsell  is  no  delegacion  of  power  from  the 

Kinge  but  an  assistance  of  the  Jurisdiceion  inherent  in 

the  Kinge. 

To  proue  the  counsell  in  the  marches  to  be  a 

counsell  of  Estate1  and   not  onlie  a    counsell 

or  cort  of  Lawe  yt  appeerith  by  these  badges 

The  oath  of  a  counsellor  in  the  marches 

is  the  oathe  of  a  priuy  Counsellor. 

p  2.  They   make   proclamacẃn   for   matter    of 

gouerment. 

They  haue  a  Seriant  at  Armes  and  twoe 

Pursivantes. 

2.     It  is  subordinate  to  the  Priuy  counsell  and  vppon 

suggestion  that  they  exceed  their  Jurisdiccion  the  Kinge 

by  his   owne  signature  hath  directed  the  examinacion  of 

compfomtes  which  sheweth  they  were  not  to  be  releeued 

by  any  ordinary  court  of  Lawe. 

15  H.  8.     Hereford  and  Dolman  fol.  12  et  13.2 

23  H.  8.     Jon   wyn   Gruff   et   Dominus   Powys, 

fol.  14. 

There  3.     It  is  a  Cort  of  equitie.     Wee  grcmt  that  prohibi- 

have  byn  c[ons  an(j  writtes  of  corpus  cuw  causa3  may  be  awarded  out 

äentes     °f  ^ne  Kin  ges  bench  to  Cortes  of  commen  lawe,  or  cortes  of 

shewenof  civill  Lawe,  but  not  to  Cortes  of  equitie. 

an  prohi-         4     'rne   intencẃn   of   the  Statute  34  H.  84  wht'ch   is 
bicion    or  -1    -1        1  t 

writt  of  Proued  by  twoe  clauses. 

corpîtó  1.     In  that  it  geeueth  Jurisdiceion  in  Writtes 

cum  of  error  to  the  counsell  in  the  Marches 

int0  ye  as  to  personall  accẃns  and  to  the  Kinges 

chancery,  Bench  in  EngkmcZ  as  to  Reall  and  mixt. 

yeExche-  2.     In   that   it   geeueth   authoritie   to    award 

ChTmLí-  writtes  into  the  Cortes  in  Wales  so  it 

ye  Cort  be  with   the    speciall   direccẃn   of   the 

of 

Wardes,  ,   „  ,  ~. 

tjje  Üistate=í3tate. 

Dutchye         2  "^he  folio  numbers  in  the  text  refer  to  the  earlier  portion  of  the 
ye  Chawí-  MS.  from  which  this  tract  was  taken. 
berlen  of        3  A  writ  issuing  out  of  Chancery   to  remove  the  body  and  the 

Chester    record  in  the  case  of  a  man  in  prison. 
or  Chan-         '  Cap.  26,  sec.  113  and  115. 


English  Lazv  in 


Wales  and  the  Marches. 


15 


Jjord    Chauncellor    or    a    priuy     coun- 
sellor. 
These  proue  a  fortiori  that  no  writtes  of  ordinary  course 
from  the  Cort.es  at  Westnrmsíer  shold  be  sent  to  the  Coun- 
sell  in  the  Marches  wÄ/ich  is  the  superior  Cort  in  Wales. 

/No  corpus  cura  cawsa  was  euer  a- 
warded  to  the  Porter1  but  one  in 
the  late  Erle  of  Pembroke's  time, 
w/i  ich  was  not  obeyed,  and  this  of 
ffarleies.2 

Neuer  any  prohibicí'on  to  the 
Counsell  and  fewe  to  the  j)«rties 
till  of  late  time. 

A  certiorarj  out  of  the  Chancerye 
answered  only  hyìetters.     E.  6. 


For  Matter  of 
President 


In  the 
negative 


In  the 

affirmatÌYe 


ffor  Matter  of- 
Polycie 


ÍThe    Cort 
counties 


The    Cort 
poore    & 


exaniminge 


|  An  Inhibicion  out  of  thexchequer 
^answered  only  by  letters. 


Eliz. 

was    erected   to    retaine  those 

in     obedience     and     if      their 

doinges     be    subiecte     to     reexaminaci'ons 

and  controllmentes  by  such  writtes  the  cort 

wilbe  made  contemptible. 

was    erected    for   ease    of    the 
meane    subiect    &    the    double 
of     causes     wold    exceeding- 
lie  yncrease  charge. 
Third  question 

Concerninge  the  exemption  of  the  f ower  Countyes 
the  course  of  profe  on  the  behalf  of  the  Marches  resteth 
vppon  these  partes. 

1.  The  King's  Intencion  in  erectinge  the  Cort. 

2.  The  words  of  the  Statwíe  of  34  H.  83  which 

leaue  the  Jurisdicci'on  at  large  to  the 
Kinges  Instruccí'ons  accordinge  to  former 
vsage  without  determininge  either  matter 
or  place. 

Vis  termini,1  the  propriete  &  significacẃn  of  the  word 
Marches. 

Ysage  and  Authoritie. 

Mischeif  that  wold  insue  if  they  shold  be  exempted. 

1  The  Porter  of  the  Council  had  the  custody  of  the  prisoners. 

2  Farleus  or  farlies,  were  money  payments  in  lieu  of  lieriots. 

3  Sec.  4 ;  the  words  are  given  below. 

4  See  Bacon's  Works  (as  above),  p.  587. 

d2 


celor  of 

Durisme, 

wee 

meane 
writtes  of 

corpiís 
cu/H  cawsa 

of  ye 

nature 
aforesaid. 


p.3. 


36       English  Laiü  in  Wales  anci  the  Marches. 

The  Intent  of  the  Kinge  and  parlamewt  in  erecting  & 
Authorisinge  that  Cort  consisteth  vppon  three  Branches, 
euery  of  them  prouinge  plainelie  that  the  shires  shold  be 
coupled  in  gouerment  with  Wales. 

The  first  is  the  quiett  of  the  Contries  for  because 
Wales  was  newlie  reclaimed  &  subiect  to  disobedience  & 
disorde?-s  yt  was  necessarie  to  bridle  them  wi'th  the  Eng- 
lishe  shires,  &  so  to  compound  them  vnder  one  gouer- 
ment. 

It  is  confessed  on  the  other  side  that  for  forces1  and 
misdemeano^rs  &  installacion  of  posemon  the  fower  shires 
ought  to  be  included.  Whereto  wee  say  that  they  cannot 
seuer  the  Jurisdiccẁn  but  the  lawe  must  be  alike  for  both. 
If  the  word  Marches  extend  not  to  those  shires  at  all,  the 
counsell  can  haue  noe  authoritie  there  for  either. 

The  second  intent  is  the  ease  of  the  Meaner  and  poore 
sort  of  subiectes  that  they  sliold  not  fetch  Justice  to  farre 
of .  Herevppon  wee  inforce  that  it  was  for  noe  falt  or 
punishme?ît  of  those  shires  that  they  were  made  subiect 
to  the  Jurisdiccion  of  the  counsell  as  is  pretended,  but  a 
favowr. 

The  like  president  of  a" 
Cort  of  Equitye  erected  in  the 
North  wher  the  shires  without 
all  question  were  euer  Eng- 
land.  Wee  alledge  alsoe  the 
Example  of  forren  Contryes 
w/u'ch  haue  diuers  provinciale 
Cortes  of  highe  Justice,  least  the  subiect  shold  resort  to 
farre  of  to  the  seate  of  ye  Kingdome. 

The  third  intent  was  the  erectinge  of  a  proporctonable 
&  fìtt  honowr  for  the  Kinges  eldest  son  which  if  it  had 
consisted  of  Wales  onlie  it  had  bin  but  labor  et  Angustia, 
as  Wales  then  was,  which  wee  alledge  not  as  thoughe  the 
principality  of  Wales  went  otherwise  then  by  the  Kinges 
creacíon  or  that  it  is  not  in  the  Kinges  power  to  Amplifìe 
or  lymitt  that  lieftenancie,  but  to  shewe  that  the  shires 
were  euer  intended  to  be  coupled  to  the  gouermewt  of 
Wales  &  not  seuered. 

11  H.  4.  Prince  Henrie  (after  King  H.  5)  made 
Lieftenant  in  Wales  &  the  marches  of  the  Realme 
of  England  adioyninge,  fol.  8. 

1  i.e.,  acts  of  violence. 


Instruct.  17  H.  8.     Art.  1 

fol.  22. 
Instruct.   1   Regis  Jacobi 

Art.   20. 


English  Law  in  Walcs  and  the  Marches.       ■%>! 

The  wordes  of  34  H.  8  are  these 

There  shalbe  and  remaine  a  President  &  Counsell  in 
the  said  dominion  and  principality  of  Wales  &  the 
Marches  of  the  same  wt'th  all  officers  clerkes  &  yncidentes 
to  the  same,  in  Maner  &  forme  as  hath  bin  heretofore  vsed 
and  accustomed,  whiche  President  &  Counsell  shall  haue 
power  &  authority  to  heare  and  determine  by  their  wis- 
domes  &  discrecions  such  causes  &  Matters  as  be  or  here- 
afíer  shalbe  assigned  to  them  by  the  Kinges  matestie  as 
heretofore  hatli  bin  accustomed  &  vsed. 

Before  this  statute  the  Kino-e  vsed  to  assiçme  causes  in 
these  fower  shires  as  is  proued  by  the  Iiistruccí'ons  of 
17  H.  8  &  the  presidentes  of  that  tyme. 

And  the  wordes  (of  Wale3  and  the  Marches)  are  speci- 
fied  in  the  statute  onlie  as  places  for  the  president  & 
Counsels  residence  &  not  for  limitacẃn  of  their  Juris- 
diccion. 

The  Acception  of  the  word  Marches 
It  may  be  taken 

Either  in  a  naturall  or  vulgar  construccí'on 
Or  in  a  leo'all  construccton 

ffor  the  fìrst.  Marches  signifies  Borders,  limites  or 
confìnes  &  because  it  must  haue  a  latitude  ytis  vnderstood 
of  the  shires  adiacent  in  ?mj  part  vppon  Wales,  all  one 
wì'th  the  familiar  taking-  it  in  the  example  of  Scotland 
where  the  Marches  of  Scotland  are  vnderstood  of  the 
three  counties  w/tich  in  any  part  of  them  ioyne  vppon 
Scotland. 

ffor  the  legall  construcct'on  I    1.    In  recordes. 
wee  shewe  it  J    2.    In  statutes. 

In  Recordes 

5  E.  4.     Rex  concedit  Willelmo  Harbert  manermm 

de  Kilpeck  in  comitatu  Heref ord  in 
marchẁ  Wal//e,  fol.  11° 
46  E.  o.  Inquisitio.  Elizabeth  Talbott  tenet  cas- 
trum  de  Goderidge  in  Marchijs  Wallie, 
fol.  7,  &  this  castle  was  anchientlie  & 
still  is  in  Hereforo'shire. 

6  E.  1.     A  commission  to  soine  to  heare  &  deter- 

mine  causes  in  Wales  &  the  Marches 
<V  amongst  others  the  sheriffes  of  Here- 
forô'  &  Salop  are  to  attend  for  Juries, 
fol.  5. 


38       English  Law  in  Wales  and  the  Marches. 

In  Statutes 

17  E.  2.     Statutum   de  prerogatẃa  Regis   wherein 

to  the  wordes  Marchie  Wallie  is  added 
by  way  ot'  restraint  to  the  generalty  of 
the  worde,  vbi  breve  regis  non  currit. 
26  H.  8.  Cap.6.  Eastall,1  Wales  25.  Thereisone 
place  w/w'ch  mencẃneth  of  Lords/irpps 
Marchers  &  Marches  of  Wales. 

18  Eliz.      Cap.  18.     RastaW,  Bridges  3,  Justices  of 

peace  in  ye   Counties  of  Grloucesíer  & 

Monmouth  not  following  the  direccẃn 

of  the  Statute  are  to  be  sued  f  or  penal- 

ties  before  the  counsell  in  theMarches. 

ffor  the  equivocacẃn  that  the  other  side  would  euade  by, 

that  it  shold  signifie  sometimes  lords/iips  Marchers  w/*ich 

were  as  the  batable  ground.     It  is  true,  sometimes  it  is  so 

taken  but  vmproperlie  for  that  they  all  laie  in  the  Do- 

minion    and   principalitie    of   Wales   which.   extendeth  to 

Seaverne  &  Dee.     But  there  is  an  Impossibilitye  that  in 

the  Statute  of  34  H.  8  it  shold  be  so  taken,  bycause  that 

these  Lords/w'pps  Marchers  were  by  27  H.  8  extincted  & 

made  shire  ground,  part  thereof  beinge  allotted  to  England 

and   part  to   Wales,   so  that  in  34  H.  8  there  were  no 

Marches  but  the  Counties  Marchers. 

Besides  the  word  Marches  was  individuum  Vagum, 
varieing  as  the  boundes  of  the  principalitye  of  Wales 
varied  in  reputacẃn  or  as  the  enemye  wonne  or  lost,  for 
whatsoeuer  bordered  vppon  the  Enemy  was  the  Marches. 

Hereford  Cittye  was  reputed  in  Wales. 
1  Richard  1  1 

17  Johawwis  Regis     y  vide  fol.  1 
11  H.  3  J 

cf "  E.  1  Pleas  of  the  Crowne  held  in  Vrchinfeild  in  the 
countie  of  Heref ord  before  the  sheriff  as  not  within  the 
statute  of  Magna  Charía  cap.  17,  fol.  6. 

Diuers  citties  &  townes  in  those  partes  commanded  to 
be  walled  for  defence  of  them  selves  &  those  partes  from 
the  enemye. 


1  William  Rastell's  Collection  in  English  of  the  Statutes  from 
í)  Henry  LIL  to  2.'3  Elizabeth,  arranged  under  alpliabetical  head- 
ings  (lö81).     The  references  in  the  text  are  to  fols.  496  and  46. 

2  Confer. 


English  Law  iu  Wales  and  the  Marches.       39 

2  H.  3  1    -       0,  T        í  fol.  2. 

8  H.  3  /  for    Shrewesbury|  foL  g 

8  H.  3       for  Hereîord  fol.  3. 

11  H.  3       for  Bridgnorth         fol.  4. 
13  H.  3       for  Worcester  fol.  3. 

Vsage  and  Authoritye. 

Wee  haue  a  possession  of  aboue  one  hundred  yeres. 
Optima  leg'um  interpres  consuetudo. 

Hereof  wee  haue  infinite  presidentes  &  whereof  diuers 
are  breviated  fol.  17,  18,  19,  20. 

This  vsage  was  not  a  popular  vsage  but  confirmed  by 
the  Kinge  &  the  State. 

Instruccio  1  Regis  Jacobi  artic.  (  9.  ffor  misdeme- 

nours 
20.  ffor     matters 
b  e t wi  xt 
partie   & 
partie. 

This  vsag-e  is  referred  to  pattentes1  to  Knight,  for  01erke 
of  the  signett  &  Counsell,  fol.  15,  by  the  wordes  of  the 
statute  of  34  H.  8. 

This  vsage  is  proued  by  the  residence  of  the  president 
&  Oounsell  w/uch  was  neuer  in  lordshipips  marchers  but  at 
Bewdely,  Ludlowe,  Gloucesíer,  Salopp,  Hereford  &  Wor- 
cester. 

This  vsage  &  construccí'on  of  the  statute  both  are 
proued  by  the  decree  of  the  late  queenes  privie  counsell 
vppon  the  certificat  of  Gerrard  &  Bromley,2  fol.  16. 

The  exempting"e  of  Cheshire  maketh  for  vs. 
Exceptio  fìrmat  legem  in  casibus  non  exceptis,3  espetially      P-  8- 
beinge  vppon  a  particular  reason,  bycause  yt  was  a  countie 
palantine  &  fetched  not  Justice  from  Westminster. 

The  Mischeife  is  the  infinite  perturbacion  wìiich.  will 
follow  by  the  ouerthrowe  of  so  manye  decrees  and  orders 
for  these  threescore  yeres,  for  these  shires  beinge  taken 
to  be  out  of  the  statute  yt  must  needes  looke  backe  aswell 
as  forwards. 

1  The  letters  patent  granting  the  office  to  Knight. 

2  Bacon,  p.  610,  calls  them  two  great  learned  men,  Gerrard  and 
Bromley.  For  Gerrard,  see  the  articles  on  the  Marches  in  the 
two  last  nnmbers  of  this  Journal.  Sir  George  Bromley,  C.J.  of 
Chester,  died  in  1589. 


3 


The  quotation  and  argument  are  given  by  Bacon,  pp.  598-9. 


4-0       English  Lazv  in  Wales  and  the  Marches. 

By  these  decrees  many  hold  their  possessíons  of  lands 
&  goods  w/uch  nowe  shold  be  avoyded,  yea,  &  the  meane 
profittes  recouered  in  many  places. 

A  multitude  of  fìnes  to  his  Maiesfa'es  vse  haue  bin 
ymposed  which  nowe  shold  be  restored. 

Many  haue  endured  corporall  punishmentes  w/uch 
cannot  be  restored. 

And  infinite  other  inconveniences.  Quod  a  consuetu- 
dine  recedit,  licet  vtilitate  Juuet  tamen  novitate  ipsa 
perturbat. 

The  fourth  question 

Whither  the  Court  in  the  Marches  may  in  some 
cases  proceed  to  order  or  decree  after  &  not- 
withstanding'  a  judgmewt  at  the  Commen  Lawe. 

ffirst  in  case  where  the  cause  hath  bin  decreed  by  the 
Counsell  in  the  Marches  they  may  ratifìe  theire  owne 
former  decree  notwithstandinge  any  Judginewt  obteined 
after  at  the  Commen  Lawe,  for  else  their  whole  authoritye 
were  subuerted. 

Secondlie  Judgmentes  that  may  be  avoyded  in  pays  are 
not  of  that  estimaeion  in  Lawe  but  the  cause  may  be 
examined  in  Cort  of  equitye. 

Thirdly  where  the  partie  hath  not  notice  of  the  matter 
of  equitie,  at  the  time  when  the  sute  is  adiudged  at  the 
commen  lawe,  he  ought  not  to  be  excluded  of  the  benefitt 
of  equitye. 

ffourthlie  where  the  Lawe  is  doubtfull,  it  were  hard 
that  the  partie  shold  be  restrained  to  pitche  vppon  equitie 
first  &  not  trie  the  lawe  w/ach  if  it  passe  ageinst  him  then 
to  resort  to  Equitey. 

ffif tlie  where  matter  of  equitie  ariseth  be  puisne1  temps 
after  Judgmewt  there  is  no  culler  to  restraine  a  sute  in 
equitye. 

Sixtlie  where  the  conscience  of  the  partie  appeereth 
to  be  corrupt,  the  Cort  may  deale  wi'th  the  person  after 
Judgmewt  though  it  stirr  not  the  possession. 

Seaventhlie  St.    (iermin   in  the  Doctor   and   Student2 

1  Later. 

2  Doctor  and  Student,  a  dialogue  on  the  English  Law,  written  by 
Christopher  St.  German,  who  died  in  1540,  remained  for  centuries  the 
text-book  for  law-students.  The  ì'eference  in  the  text  should  be  to 
cap.  18,  and  the  statute  referred  to  is  4  Ilen.  IV,  caj).  23,  mentioned 
in  the  next  answer,  which  prohibited  appeals  from  the  King's  court 
to  the  King  himself,  the  Privy  Council,  or  to  parliament,  and  enacted 
that  cases  should  be  tried  in  the  regular  course  of  law. 


English  Law  in  Wales  anci  the  Marches.       41 


cap.  8,  fol.  31,  saith,  this  statute  cìoth  not  prohibite  equitye 
but  examinacion  of  the  Judgmewt.  And  therefore  9  E.  4 
In  the  case  of  one  Younge  who  hacl  Judgmewt  geeven 
against  him  vppon  a  triall  in  a  forren  countie  whither 
he  cold  not  bringe  his  witnesses,  the  Chauncellowr  thought 
fìtt  to  releeue  him. 

Answere  to  Obiections. 
The    statute    of    4    H.    4    ordaineth    that  Judgmentes 
geeven  in  the  Kinges  Cortes  shall  not  be  adnihilated  but 
bj  Error  or  attaint. 

Answere. 
The  Inconvenience  which  the  statute  ment  to  remedie 
was  that  the  Kinges  counsell  pretended  to  adnihilate  & 
reuerse  Judgmewtes  as  appeereth  by  39  E.  31  w/rich  intent 
of  the  saicl  statute  is  manifest  by  the  preamble  w/rich 
maketh  mencíon  that  men  were  putt  to  answer  de  nouo. 

2.  Obiection. 
It  appeereth  by  the  case  of  5  E.  4  (thoughe  there  were 
fraude  in  the  partie  that  recouered)  yet  bycause  there  was 
Judgineíit  he  was  putt  to  sue  in  parlament.  And  Sr  Moyle 
ífynches'"  [sic~\  that  all  the  Juclges  tooke  the  lawe  to  be  that 
in  such  a  case  the  chauncellor  ought  not  to  proceed. 

Answeare. 
Circumstances  of  the  cases  may  be  suche  as  the  Chaun- 
cellowr  may  think  fitt  to  putt  them  of  to  parlament  or 
referre  them  to  the  Judges,  w/u'ch  neuertheles  resteth  in 
his  discretion. 

Maneria   Ducatws   Lancastrte   infra    Marchias 
Wallie    vt   in    Recordo    cle    Anno    in    Annuni 
tempore  H.  7  et  H.  8  ad  hunc  diein  patet 
Manerium  cle  Rideley3 
Manerium  de  Tibberton 
Manerium  cle  Rye4 
Manerium  de  Minsterworth 
Manerium  de  Ellowe 

f  Ashperton  ì 
Maneria  de-    Stratton' 

[  Yarldiill      J 


In  comitatu  Grlou- 

cestrie. 


m 


comitatu 
îordie. 


Here- 


Some 
further 

profe  tha 

ye  coun 

ties  of 

Gloucestc 

and  Her< 

îord  are 

in  the 

marches 

of  Wales 


1  See  2ô  Edw.  III,  stat.  V,  cap.  4. 

2  Sir  Moyle  Finch  died  in  1614. 

3  Rodley.  '  Ryelass. 


Stretton. 


Z%t  (^troug^íong  of  (NlarcÇurítl» 

CONTRIBUTION  TO  THE  HISTORY  OF  THE 
PARISH  OF  MARCHWIEL. 

By  alfred  neobard  palmer. 


More  than  ten  years  ago  I  became  so  interested  in 
the  history  of  the  Broughtons  o£  Marchwiel  that  I 
set  down  in  order  all  that  I  knew,  or  could  learn,  of 
them,  with  the  intention  of  writing  a  paper  dealing 
with  this  family,  its  genealogy,  and  its  doings.  But 
although  Mr.  W.  M.  Myddelton,  and  Mrs.  Pearce  of 
Leamington,  were  kind  enough  to  place  at  my  disposal 
certain  important  particulars  relating  to  the  Broughtons 
which  Colonel  Chester  had  gathered,  there  still  remained 
so  many  gaps,  which  coulcl  be  bridged  by  conjecture 
only,  that  I  put  all  my  notes  relating  to  this  matter  on 
one  side.  Since  that  time,  however,  much  information 
has  gradually  accumulated,  many  conjectures  have  been 
verifìed,  and  although  much  that  puzzled  me  formerly 
puzzles  me  still,  it  occurred  to  me  recently  to  disinter 
my  old  notes,  and  review  them  in  the  light  of  know- 
ledge  which  has  been  acquired  during  the  last  few 
years.  And  it  seeuied  to  me  then  that  it  might  be 
worth  while  to  attempt  again  the  task  which  I  had 
once  abandoned,  if  only  to  afford  some  one  else  the 
opportunity  of  completing  what  is   now  lacking,   and  of 


The  Broughtons  of  Marchwiel.  43 

making  a  first  contribution  to  the  history  of  the  parish 
of  Marchwiel. 

2.  The  account  given  of  the  Broughtons  on  page  385, 
Vol.  II,  of  Powys  Fadog  is  not  merely  incomplete  but 
inaccurate.  That  account  is  headed  "  Plas  Isaf  in  March- 
wiail",  and  identifies  Plâs  Issa  with  Marchwiel  Hall. 
Now,  in  fact,  the  house  called  "Plâs  Issa"  (Lower  Hall) 
was  not  in  Marchwiel  at  all,  but  on  the  western  bank 
of  the  Dee,  in  a  small  detached  portion  of  Dutton 
Diffaeth.  Civilly,  of  course,  it  was  in  the  county  of 
Denbigh,  but  I  have  seen  it  described  as  "if  not  extra- 
parochial,  in  the  parish  of  Church  Shocklach,  Cheshire". 
The  Broughtons  now  under  consideration  were  of  March- 
wiel  Hall  and  of  Plâs  Issa,  Isycoed.  Powys  Fadog, 
moreover,  identifìes  Sir  Edward  Broughton  who  was 
living  in  1648,  not  only  with  his  son  who  was  slain  in 
1665,  but  even  with  his  grandson,  who  was  sheriff  of 
Denbighshire  in  1698.  Surely  one  who  will  lend  a 
helping  hand  out  of  this  imbroglio  of  misrepresentation 
and  error  will  do  some  useful  service. 

3.  I  do  not  propose,  spite  of  strong  temptation  to 
a  contrary  course,  to  go  back  any  further  in  my  account 
of  the  Broughton  family  than  is  necessary  to  illustrate 
the  points  which  in  this  paper  will  be  presented  and 
discussed.  And  some,  even  of  these,  will  be  relegated 
to  the  pedigree  herewith  given,  and  to  the  notes  and 
appendix  annexed. 

4.  And  I  shall  begin  in  the  text  with  Edward 
Broughton  of  Plâs  Issa,  who  with  his  brothers,  Lancelot 
Broughton,  of  Eyton,  county  Denbigh,  Francis  Broughton, 
and  Valentine  Broughton  [of  Chester],  are  mentioned  on 
Nov.  12th,  1576.  We  thus  start  with  a  definite  date, 
for  which  we  so  often  seek,  and  seek  in  vain,  in  Welsh 
genealogies. 


44  The  Broughtons  of  Marchwiel. 

5.  The  Edward  Brougliton,  of  Plâs  Issa,  just  named, 
was  succeeded  bj  his  eldest  son,  Morgan  Broughton, 
sheriff  of  Denbighshire  in  1608,  described  as  of  the  age 
of  62  on  3rd  Sept.  1606,  and  as  deceased  in  April  1614. 
He  married  before  12  Sept.  1589,  Margaret,  daughter 
of  Henrj  Parrj,  es^.,1  of  Marchwiel,  and  step-daughter 
of  Richard  Leighton,  esq.,2  of  Marchwiel  (still  living 
in  1621).  It  was  by  virtue  of  this  marriage,  that 
the  first  Sir  Edward  Broughton,  Mr.  Morgan  Broughton's 
eldest  son,  came  ultimatelj,  after  Mr.  Leighton's  death, 
into  the  ownership  of  Marchwiel  Hall.  When,  there- 
fore,  Pennant,  dating  back  from  1660,  sajs  that  March- 
wiel  Hall  was  "long  possessed"  bj  the  Broughtons,  we 
are  to  understand  bj  "long"  less  than  fortj  jears. 

6.  Under  what  circumstances  the  first  Sir  Edward 
Broughton  (son  of  Morgan  Broughton)  was  knighted  at 

1  Henry  Parry,  alias  Harry  Parry  aîias  Henry  ap  Thomas  ap 
Harry,  of  Basingwerk,  co.  Flint,  and  Marchwiel  Hall  (see  the 
pedigree),  directs  hy  his  will  (12  Sept.  1589)  that  his  body  should 
be  buried  in  the  parish  church  of  '•'Marchwiell",  and  speaks  therein 
of  his  son,  Thomas  Parry  (who  must  have  died  young),  of  his  daughter 
Margaret,  wife  of  Morgan  Broughton,  esq.,  and  of  his  wife  Kathei-ine. 
He  does  not  mention  his  elder  daughter,  Anne  Parry  (by  his  first 
wife  Margaret,  daughter  of  Jenkyn  Hanmer,  of  Fenns,  co.  Flint), 
who  married  William  Mostyn,  esq.,  of  Talacre,  on  whom  was  settled 
Basingwerh.  This  will  is  so  interesting  that  I  give  a  pretty  full 
summary  of  it  in  Appendix  III.  Mr.  Henry  Parry  was  sheriff  of 
Flintshire  in  1563  and  1580,  and  on  both  occasions  is  described  as 
"  of  Greenfield."  Greenfield  or  "  Maesglas "  is  a  Township  in  the 
parish  of  Holywell. 

2  Richard  Leighton,  esq.,  is  said  to  have  been  second  son  of  Sir 
Edward  Leighton,  of  Wattlesborough,  and  in  1620  held  not  merely 
Marchwiel  Hall,  but  more  land  in  the  parish  than  any  other  person. 
He  was  not,  however,  absolute  owner,  for  in  1620  he  is  described  as 
holding  a  messuage  and  lands  in  Marchwiel  during  the  life  of  the  icife 
of  Sìr  Edioard  Broughton.  Mr.  Richard  Leighton  is  said  to  have  been 
also  of  Gwern  y  go,  in  the  parish  of  Kerry,  Montgomeryshire.  His 
monument  was  formerly  in  the  old  church  of  Marchwiel. 


The  Broughtons  of  Marchimel.  45 

Hanipton  Court  (18  March  161|),  I  clo  not  precisely 
know,  unless  it  were  that  he  received  this  distinction  011 
account  of  his  wife,  who,  according  to  one  of  Miss 
Angharad  Llwyd's  notes  (kindly  furnished  me  by  H.  R. 
Hughes,  Esq.,  of  Eünmel),  had  been  maid  of  honour  to 
Queen  Elizabeth  of  Bohemia.  The  Queen,  we  are  told, 
used  to  correspond  with  Miss  Tyrrell,  and  sent  her  full- 
length  portraits  of  herself  and  of  the  king,  as  well  as 
leaden  busts  of  the  Princes  Eupert  and  Maurice,  whorn 
she  describes  in  one  of  her  letters  as  "  fine  Boyes".  Of 
these  portraits  and  busts,  long  kept  at  Marchwiel  Hall, 
soinething  will  be  said  hereafter.  Perhaps,  moreover, 
Sir  Edward  was  himself  a  courtier.  In  any  ease  I  have 
not  much  that  is  new  to  tell  of  him,  spite  of  the  fact 
that  a  large  number  of  deeds,  to  which  the  fcnight  of 
Marchwiel  set  his  hand,  has  come  under  my  inspection. 
But  one  of  these  deeds,  or  rather  a  declaration  made 
by  Sir  Edward,  is  distinctly  interesting  from  its  reference 
to  Charles  Diodati,  the  friend  of  John  Milton's  early  life, 
and  not  rnerely  to  Charles  but  to  Jolm  Diodati,  his 
brother.  Charles  is  immortalized  by  Milton's  elegy — the 
"Epitaphium  Damonis",  almost  the  last  product  of  his 
pen  in  serious  Latin  verse.  It  is  known  from  one  of  his 
letters1  that,  in  1626,  Charles  Diodati  was  spending  his 
time  in  the  country,  happy  enough,  and  wanting  only 
a  fit  companion,  "  initiated  in  the  mysteries" ;  known 
again  from  Milton's  "First  Latin  Elegy"  (Ad  Carolwm 
Diodatum)  that  Diodati  was  then  dwelling  "on  the 
western    shore    of   the    Cestrian    Dee" ';    known,    thirdly, 

1  Milton's  Poetical  Worhs,  Masson's  edition  (1890),  VoJ.  i.  p.  256. 

-  Tandem,  chare,  tuíe  mihi  perrenire  tabelLr. 

Pertulit  et  voces  nuncia  charta  tuas ; 

Pertulit  occiduâ  Deva;  Castrensis  ab  orâ 

Vergivium  prono  quà  petit  amne  salum",  etc. 


4  6  The  Broitghtons  of  Marchwiel. 

froni  the  "  Sixth  Latin  Elegy",  that  he  was,  in  December 
1629,  staying  in  the  country  (Ad  Garolum  Diodatum,  rure 
commorantem) ;  known,  lastly,  from  one  of  Milton's 
letters,1  that  his  friend  was,  in  September  1637,  still 
staying  "  among  those  hyperboreans".  Dr.  Masson  has 
also  recorded  the  "tradition"2  that  Charles  Diodati  had 
settled  as  a  physician  somewhere  near  Chester,  or  at  any 
rate  in  the  North.  But  it  is  not  known  precisely  where 
he  lived,  and  indeed  this  period  of  Diodati's  life  is  so 
obscure  that  even  Dr.  Masson,  with  all  his  marvellous 
industry,  has  been  unable  to  throw  much  light  upon  it. 
Under  these  circumstances,  any  additional  information, 
or  even  hint  of  information,  is  not  without  value.  It 
appears  then  that  the  notorious  Collins  and  Fenn  (who, 
8th  Dec,  7th  year  Charles  T,  obtained  an  enormous  grant 
of  Crown  rights  in  Wales),  sold  on  4  April  1633,  to 
Robert  Evans,  esq.,  of  the  parish  of  St.  Martin's  in  the 
Fields,    Middlesex,    fìve   parcels    of   meadow   called   "the 

Receiuors  Meadow" and  those  3  acres  of 

Meadow "in  Coyd  euan,   adjoyninge  to  a 

certayne  Meadow  called  the  Constables  Meadow",  in 
which  Sir  Edward  Broughton  had  a  leasehold  interest. 
These  meadows  are  declared  to  be  "  in  the  charge  of  the 
baylifs  of  Cobham  Almor  and  Cobham  Iscoyd",  two 
manors  between  Holt  and  Wrexham,  but  nearer  the  first 
than  the  second  named  town.  "  The  Constable's  Meadow" 
is  still  so  called,  and  lies  in  the  township  of  Dutton 
Diffaeth,  a  little  to  the  south  of  Holt,  county  Denbigh. 


1  Masson's  Life  of  Milton,  Vol.  i  (1859  edition),  p.  598. 

2  The  same,  Vol.  ii  (1871  edition),  p.  81.  I  see  in  Vol.  i,  p.  316,  of 
Mi/ton's  Poctìcal  Worhs,  that  Dr.  Masson  (jualifies  this  statement 
thus  : — "  Near  Chester,  it  has  heen  snpposed,  but  that  is  only  a  guess 
from  the  fact  that  he  [C.  D.]  had  been  in  that  neighbourhood  in  1626, 
the  date  of  the  Eleyia  Príma." 


The  Brouohtons  of  Marchwiel.  47 

7.  It  was  usual,  when  Collins  and  Fenn  hacl  disposed  of 
a  parcel  of  lands  comprised  in  their  grant  to  one  of  their 
aequaintances,  for  this  latter  to  resell  the  parcel  to  some 
one  lÌYÌng  near  the  place  where  the  lands  were  situate,  or 
to  some  landowner  who  had  interests  in  the  neighbour- 
hood.  Now  we  fìnd  that,  on  the  2nd  December,  ìiinth 
year  of  Charles  I  [1633],  the  aforesaid  Robert  Evans 
barerained  and  sold  the  meadows  above  described  to 
"  Charles  Deodate  [so  the  name  is  spelled  in  the  declara- 
tion] ,  and  John  Deodate,"  expressly  named  as  "  sonns  of 
Theodore  Deodate,  of  London,  Doctor  of  Phisick."  Then 
on  the  20th  June,  eleventh  year  of  Charles  1  [1635],  Sir 
Edward  Broughton  and  Charles  and  John  Diodati,  mort- 
gage  the  same  meadows  to  certain  persons  in  trust  for  Sir 
Thomas  Trevor,  luiight,1  of  Dorset  Court,  alias  Salisbury 
Court,  London.  Finally,  on  the  15th  July,  in  the 
tweiity-third  year  of  Charles  I  [1647],2  Sir  Edward 
Broughton,  by  himself,  conveys  the  premises  absolutely 
to  tlie  said  trustees  to  the  use  of  Sir  Thomas  Trevor, 
knight. 

1  Sir  Thomas  Trevor,  knight,  was  the  fifth  son  of  John  Trevor, 
esq.,  of  Trevalyn  Ilall,  county  Denbigh,  one  of  the  Barons  of  the 
Court  of  Exchequer.  IIis  son,  Sir  Thomas  Trevor.  baronet,  was  one 
of  the  trustees  for  his  father  in  this  transaction,  and  the  others  were 
Richard  Prydderch,  and  Richard  Davies,  vintner  of  London.  [See 
Appendix,  notes  5  and  6.] 

-  Charles  Diodati,  as  is  now  known,  died  in  August  1638,  his 
brother  John  surviving  him.  But  does  it  not  appear  as  though  John 
himself  were  dead  before  15  July  1647,  he  not  being  a  party  to  the 
release  of  that  date  ?  In  that  case,  Colonel  Chester's  identification  of 
him  with  the  John  Diodati  of  London,  "  factor,"  who  was  living  shortly 
before  Feb.  168g,  must  have  been  mistaken  (see  Poetical  Worhs  of 
Milton,  Masson's  edition,  vol.  i,  p.  328).  But  I  should  be  sorry  to  pit 
any  notion  of  mine  against  the  opinion  of  such  a  genealogist  as 
Colonel  Chester,  and  the  omission  of  John  Diodati's  name  from  the 
release  of  1647  may,  perhaps,  be  explained  on  some  other  sup- 
position  than  that  of  his  being  then  dead, 


48  The  Broughtons  of  Marchwiel. 

8.  Now  does  it  not  look  likely  that,  in  1633,  and  per- 
haps  in  1635,  Charles  and  John  Diodati  were  living  in  or 
uear  Holt'?  This  town  is  actually  "  on  the  western  shore 
of  the  Cestrian  Dee."  So  also,  I  may  add,  was  Plâs  Issa, 
one  of  Sir  Edward  Broughton's  two  mansions.  Nor  was 
Trevalyn  HalL  the  seat  of  the  Trevors,  very  f ar  distant  f rom 
that  stream,  011  the  western  side  of  it.  Chester,  on  the  other 
hand,  and  all  but  a  small  part  of  Cheshire,  are  on  the  east 
of  Dee.  In  any  case,  the  association  of  the  two  brothers, 
fìrst  with  the  purchase  and  then  with  the  mortgage  of  the 
lands  named  is  of  especial  interest.  They  appear  to  have 
acted  as  the  "  go-betweens ':  of  the  fìrst  Sir  Edward 
Broughton  and  of  Sir  Thomas  Trevor,  and  were  evidently 
well-known  to  both,  and  I  please  myself  with  speculating 
whether  when,  on  13th  Dec.  1629,  Charles  Diodati  was 
spending  his  time  so  merrily  at  some  country  mansion 
that  he  had  little  leisure  for  the  Muses,  he  was  not 
staying  at  Plâs  Issa,  at  Marchwiel  Hall,  or  at  the 
beautiful  Elizabethan  house  of  the  Trevors  of  Trevalyn. 

9.  It  is  most  unfortunate  that  in  "  the  declaration" 
which  I  have  seen,  the  terms  and  effects  of  earlier  deeds 
relating  to  the  meadow-lands  in  point  are  recited  with 
such  tantalizing  brevity.  If  we  could  get  hold  of  those 
earlier  deeds,  we  may  be  pretty  certain  that  we  should 
find  given  therein,  not  merely  the  place  of  residence, 
but  the  "occupation"  of  Charles  and  John  Diodati, 
and  conjecture  would  be  at  an  end.  Those  deeds  ought 
now  to  be  in  the  possession  of  one  or  other  of  the  heirs 
of  the  Trevors,  and  may  yet  be  discovered.  I  must  not 
omit  to  add  that  the  declaration,  a  summary  of  which 
has  been  given  above,  was  found  by  me  at  Erddig  Hall, 
near  Wrexham,  the  seat  of  Philip  Yorke,  esq.,  and  is 
now  carefully  preseiwed  by  him  in  one  of  his  cabinets. 
I  give  an  exact  coj^y  of  the  deed  in  Appendix  IV. 


Gj3roug0fon0  of  (marcfluoicf. 


Ralpb  Brnoghton,! 
of  Plas  Issa, 
Isycoed 


Anne  verch  Itichd. 
ap  Howel  ap  Mor- 
gan,of  Alrhey,  co. 
Flint,  H.M. 


Cü_ 


(3) 


I 
Bdward    Bronghton,  ,  Eleanor,  d.  of  Ham- 
of  i'ia-  fssa,  díed  '      phrey  Dvmock    of 
1(Î17,  H.M.  |      Penley.  co     FHnt, 

died  1626,  H.M. 


I 


Lancelot  BrnuRhton,==Elizabcth,  d.of  Ricb.     Valentiue  Broaghton,     Francis    Broughton, 
of  Ejton..co  Denb.  I      Brooke,  of  Norton,       Aldermanof  Chester,         in    157*1    "at   the 
Cbeshire,  married       died  1603 
secondly    Kenrick 
Eyton 


liring,  12  Not. 
1676  ;  -lead,  26 
Nov.  1576 


ri.ivi.i-.ity,"  mar. 
Julian,  d.  of  Tbos. 
Gr  os  venor,  of 
Eaion,    by     Anne 

[Bradshaitrhj  his 
wife 


BIlis,  H.M 
Ricbard,  H.M. 
Huraphry,      H.M., 
inar.  Jane,  d.  and 
heir  of  Yaleutine 
Broughton 
-John,  H.M. 


(2)   Henry  rurry.es,!. ^Hatberiuc.d.ofW,,,.    =(3)    Riohai        | 

of  Marchwieland       Mostyn,    esq„   oí  ton,    esq.,    oi 

öasingwerk,  dìed        Mostyn  imar.  flrst 

bef°re     7     Feb.  '      Edward    Dj i  k 

1589-90  .,  ,„  .  oi    Pi  nloy) 

i      sccond     wife     oí 
Heury  Pany 


Halph 
Broughton 


(2) 


(3) 


Jane,   H  M 
[not     men- 
tioned  in  lier 
father's    will, 
A.N.P.] 
(4) 


Chrìstian 


Margarct,  wife  of 
Thos.  Young.  of 
Croston,  Cheshire, 
H.M. 


Johr.  Broughton,  II  M.        Edward  Broaghton,  H.M.     Thomas  Broughton,  H.M. 


Jane.  wife  of  Wm, 
Lloyd,  of  Halgh- 
ton,  co,  Flint,  died 
1624,  II. M 

(1) 


esq  . 
Marohwìel,  liv- 
ing  in  LB21, 
mai  to  Kath< 

1  lii--  l'.ll  IV. 

widow,    befora 

Maroh  1609-10 


(2) 


Durothy=Thos.  Pursell,  ÍI.Jl 


(3) 


MORGAN  BROUGUTON,  e&i|.^ 
of  Plus  Issa  and  March- 
wiel  Hall,  born  about 
1544  ;  sberiff  for  co.  Denb. 
1608  .  livmg  25  Sept. 
1613;  dead  in  April  1614 
I 


Margaret,  heìress  of 
Marchwiel ; 
livîng  1613. 

6  Api'.  1660 


i :  ■■iii, i>  Parry, 
living  LS  ■-■ 
dieil  witbout  issue 


Sli;  BDWARD    BnoUGHTON, 

knt.,  nf  Plás  [ssa  and 
Marchwic]  Hall,  knighted 
at  Hampton  Court,  18 
March  1617-18;  Imng 
23  March  1648-9 


(2) 

I 


(3) 


!  | 

Frances,     second     dau.     Tbomas    Broughton,     William    Bronghton,=Ann,  d,   of  Nicholas 


of  Sir  Bdw,  Tyrrell, 
of  Thornton,  l!ucks, 
kt.,  by  bis  second 
wife  Margaret,  dau. 
of  Thos.  Aston,  of 
Aston,  Cheshjre,  died 
in  1632.     H.  of  K. 


a  captain  in  tbe 
Low  Countries, 
o.s.p.,  H  M. 


nl      Bi  i-liam,    cli 
warden   of  Wres- 
bam,  1637,  a  capt. 
in  Boyal  Army 


Witberp,  of  Lon^  . 
co.  Hants,  ll.M 


Robert  Broughton,  H.M. 

.■i    col ìl    iu    Royal 

Army,  living  at  Strỳt 
vr  hwch,  Marchwiel, 
II  Dec  1658  ;  mar, 
Mary  Bagot,  of  Blith- 
field 


Jolin  Broughton 


— Cathcrine,  0  P, 

—  Ann,  mentioned 
iii  L609,  "  mar, 
iii  Low  Coun- 
tries,"  0  l'. 


O.P. 


CD 


Francia  Broughton, 
matric,  Mag  Col) 
Oxon„  lo  Dec 
1641,  aged  18  (M.), 
I  capl    iii  arruy  of 

l'.uh. tiI,    1648, 

o.e.p„  O.P. 


Robert     Broughton, 

a  major  in  Royal 
army,  L646;  mar. 
( iici  ley,  d.of  .  . . . 
of  Boston,  co, 
Linc,  H.M. 


Anne    [in     LonrJon     unmar.    28     Mar 

1648-9  M.] 
M  arga  re  t=  Sir  Robt.  Craren,  knîght, 
born  1623     [mar  lstSept  1663,C.C.j 
Dorothy 

Penelope,  o.s.p.  at  Lleweni 
— Elizabeth=Rev.    Ambrose   Mostyn,    of 
Wrexhain,  a  son    of    Dr. 
Henry  Mostyn,  ofCalcot, 
co,  Flint 


Alice,  d.  of  Sir  Bobt.= 
Honywood,   Cbar- 
ing,  Kent,  bnight, 
born       Jan.        10, 
1612-13,  H.of  K 


CD 


(1)  Sih  Edward  Broughton,  knt.  (2) 
apparently  designated  a  baronet, 
but  dne  formalities  not  carried  oul 
[mortally  woundcd  in  sea  fight 
against  the  Dutch  Jane  3,  died  in 
London,  June  20,  bur.  at  Wi  -tnun- 
ster  Abbey.  June  26.  1665,  C.C.]. 
fceeper  of  Gatehouse  Prison,  West- 
minster,  settlement  bcf'-p'  mar. 
6  Apr.  1660,  second  husbund  of 
Mary  Wyke 


Mary,  dau.  of  Wm.  Knightli 
of  Klngston-on-Thames,  ( by 
Susan,  i.  -  -■'.  if< .  dau,  of  John 
I'i  ice,  ■.:•  nt  .  also  of  Kìngston), 
bapt.  13  Apr  1630;  bur,  in 
Westminster  Abbey,  10  Mar 
1694-5.  First  husband,  Aquila 
\Vyke,  C.C. 


I 


(2) 


01iver,  O.P. 

Moi    an,  i  '  P 

Tboraas,  i '  P 

-Wilhain,  0  l'. 

Robert,  O.P 

Susan,  «i  P 
Magdalen,  O.P, 

-  Anne     Wm,       Phillips,      of 

Gwemheulod,  co  Flint.i  l  i' 

-  Bllen    John  Wrlght,  of  I - 

don,  0  P 

Ai]uila  \Vykr,  keepov  of  Gatohouso 
Rrison,  Wostminstor;  inar,  I6G4; 
bur.  ai.  si  Margan  t'  .  Wosi 
tninster,  '.'  Apr,  16BÍ1,  miíl  '  o 
bave  '"'in  smi  iií  Aquiln  W) kû, 
-,-in  ,  ai.-i  ki  apei  ot  Gntohouse 
Priaon  [inar.  to  Mary  Knigiitley 
at  St.  James,  Clerkenwoll,  27 
M.n    1649-50,  M.] 


I 
ElAVAKH  ÜinH'nilTON,  of  Marcbwiul  i-^., 
aliaa  Sir  Edward  Broughton,  baronet, 
rbapt.  at  St.  Margaret's,  Westminster,  .10 
Jan  .  1660-1,  C.C.] sheriff  of  co,  Denb,,  1698; 
died  11  June,  bur.  14  June,  1718,  at  March- 
wiel 


—  Hicbard,    bapt.    at    St.    Margaret's,  West- 

uiinster,  17  Feb.  1661-2,  C.C. 
— John,  bapt.  at  St.  Margaret's,  Westminster, 

19  July  1663,  C.C, 

Both  died  in  infancr. 


Edward      Wyki 
of     Gotehou  ■<■ 

PrisOD,      Wc>.L- 
mînster 


Aquila  Wykr, 
i,i,i  al  Wresham, 
20      May      1703, 
o.s.p. 


M.n  V 


A  "MissWyke"  bnried  at  Marchwiel,  13  Mar,  L761 


[Far  thc  sign  ificancc  -f  the  contractiom  here  used  scc  par,  10.] 


Aquila  Wvkk,  of    Marcliwiel^Elizabeth 
and     l.lwyn     Eiíryn    (pftT.    OÍ 
Mold),    esq„    sbcriff    of    co. 
Denb  ,  1743  ;  bur.  at  March- 
wiel,  l;s  Dec,  1772 


Mart.lia-  Stephbn   BnowN,  esq„    Wm,    Rocfcwood.^Mary 
uf     Marchwiel      and        osq, 
Llwyn  Egryn  ,  bur.at 

',!.,  chwiel,     16    Fcb. 


l'o  face  pagc  18  | 


Luct,   survived    Imt=Ciiarles  Brown,  csq  ,=(1;     A.nne,    only    child, 
busband,  and   sold        of      Marchwiel      and  bur.  atMarchwicl 

Marchwiel    Hall  in        Llwyn  Bgryn,  sheriff  26  Deo,  17^5. 

1801to  Saml   Riley,        of  co   Di  ub  L789,and 
esû.,ofPickhillHall         ofco.Flint,  17'' 

at  Batb,  10  .luly  1795 


The  Broughtons  of  Marchwiel.  49 

10.  Coniing  back  from  this  excursion,  I  should  like 
to  make  a  few  observations  on  the  annexed  pedigree. 
Some  years  ago  I  had  lent  me  an  old  genealogy  of  the 
Broughtons  of  Plâs  Issa  and  Marchwiel,  the  edges  of 
which  were  frayed  away,  and  the  words  and  names,  in 
many  places,  quite  illegible.  This  genealogy,  wherever 
I  was  able  to  test  it,  was  found  correct.  Therefore,  in 
the  first  draft  of  the  pedigree  ccnstructed  by  me,  all 
the  gaps  were  filled  in,  with  due  actnowledgment,  from 
this  old  genealogy.  But  on  submitting  the  pedigree,  so 
composed,  to  H.  E.  Hughes,  esq.,  of  Kinmel,  he  largely 
extended  it,  firstly,  from  a  Hengwrt  MS.,  written  between 
1632  and  1662,  and  secondly,  "from  two  apparently 
contemporary  MSS."  To  every  entry,  therefore,  in  the 
pedigree  herewith  presented,  taken  from  the  Hengwrt 
MS.  (of  which  the  "  old  genealogy"  above  mentioned 
seems  to  be  a  copy),  I  have  annexed  the  letters  H.S. 
Those  entries  marked  O.P.  are  taken  from  the  "two 
contemporary  copies."  The  contributions  of  the  late 
Colonel  Chester  are  indicated  by  the  letters  C.C.,  while 
"M."  stands  for  W.  M.  Myddelton,  esq.,  and  "H.  of  K." 
for  H.  E.  Hughes,  esq.,  of  Kinmel.  For  all,  or  nearly 
all,  the  rest  I  stand  responsible. 

11.  Captain  William  Broughton,  of  Bersham,  the 
third  son  of  Morgan  Broughton,  esq.,  of  Marchwiel, 
compounded  for  his  estate  by  the  payment  of  £90  to 
the  Parliamentary  Commissioners.  I  owe  the  following 
note  to  Mr.  W.  M.  Myddelton : — "  The  Dep.  Lieuts.  of 
Denbighshire,  by  Indenture  5  April,  15  Charles  I,  1639, 
handed  over  to  the  charge  of  William  Broughton,  esq. 
150  men  that  had  been  raised  in  the  county  of  D.  and 
to  be  by  him  conducted  to  the  towne  of  Selby  upon  Ouse 
neere  York."  Captain  Broughton  was,  I  believe,  the 
William  Broughton  who,  in  1637,  was  one  of  the  church- 


50  The  Broughtons  of  Marchiuiel. 

wardens  of  the  parish  of'  Wrexham.  Perhaps,  also,  he 
was  the  same  that  is  mentioned  in  the  first  two  of  the 
following  extracts  from  the  Wrexham  Registers : — 

Morgan,  the  sonne  of  William  Broughton,  was  baptized  the  4th 

of  June  1635. 
Elnor  fil.  Gulielmi  Broughton  Annseque  ux  eius  23  die  februarii, 

1636.     [Baptizata  fuit]. 
Robertus  filius  Gulielmi  Broughton  Christianíeque  ux  eius  22  die 

Octobris  1644.     [Baptizatus  fuit]. 

If  we  dare  imagine  a  transcriber's  mistake  m  the  name 
of  the  wife  in  the  third  extract  given  above,  we  should 
probably  have  a  record  of  the  baptism  of  another  child  of 
Captain  William  Broughton.  After  the  Restoration,  the 
Captain  seems  to  have  lived  for  a  time  at  Marchwiel 
Hall. 

12.  1  have  ascertained  that  Colonel  Robert  Brough- 
ton  (fourth  son  of  Morgan  Broughton,  esq.,  and  another 
brother  of  the  first  Sir  Edward)  was  living  on  the  14th 
Dec.  1658,  at  Strŷt  yr  hwch  in  the  parish  of  Marchwiel. 
An  extract  from  a  letter,  written  in  1651  by  Mrs.  Ursula 
Sontley,1  may  perhaps  here  be  given : — u  Owld  Mri3 
Broughton  was  praid  for  in  our  church  [Marchwiel]  this 
day,  and  the  Collonell  did  weepe  very  much." 

13.  Then,  as  to  the  "Mr.  Morgan  Broughton",2 
buried  at  Marchwiel,  19  Aug.  1699,  his  burial  is  also 
noted  in  the  registers  of  Wrexham  as  having  taken 
place  at  Marchwiel,  and  herein  he  is  described  as  "of 
Esclusham".      He    was,    perhaps,    Morgan,    son    of   the 

1  Ursula  was,  according  to  Powys  Fadoŷ,  the  wife  of  Colonel 
Robert  Sontley,  of  Sontley  Hall,  in  the  parish  of  Marchwiel.  In  the 
will  of  William  Edisbury,  of  Marchwiel,  gent.  (9  Feb.  1659-60)  the 
testator  speahs  of  his  "  sister-in-law  Mrs.  Ursula  Sontlley  of  Sontlley, 
wid." 

2  One  "Morgan,  the  sone  of  Captayne  Brouglrton,  of  Gwersyllt", 
wasbaptized  at  Gresford  "November  furst  1694".  Another  Morgan, 
and  another  Captain  Broughton,  are  here,  of  course,  indicated. 


The  Broughtons  of  Marchwiel.  51 

Captain  William  Broughton  rnentioned  in  par.  11.  "The 
Edward  Broughton,  of  Hatton  Garden,  in  the  county  of 
Middlesex,  esq.",  who  was  buried  at  Marchwiel,  18th  of 
May  1713,  and  the  "Edward  Broughton,  esq.",  also 
buried  there,  28th  April  1720,  were  probably  sons  of  one 
or  other  of  the  fìrst  Sir  Edward's  brothers,  but  I  have 
not  ventured  to  insert  any  of  these  nanies  in  the  pedigree. 
I  have  also  sheaves  of  notes  concerning  various  Brough- 
tons  of  Broughton  and  Bersham,  in  the  parish  of  Wrexham, 
and  of  Gwersyllt,  Burton  and  Llai  in  the  parish  of  Gres- 
ford.  Some  of  these  seem  to  have  been  connected  with 
the  Broughtons  of  Marchwiel,  but  the  disentangling  of 
the  threads  of  this  tangled  skein  has  proved  an  impossible 
task. 

14.  There  is  an  inscribed  slab  of  shaly  stone  in  March  wiel 
churchyard  marking  the  site  of  the  Broughton  burial-place, 
on  the  exposed  portion  of  which  so  much  of  the  inscrip- 
tion  has  íiaked  off  that  nothing  consecutive,  or  nothing  of 
any  value,  can  now  be  read.  If  only  some  copy  had  been 
taken,  and  had  survived,  of  this  inscription,  many  doubt- 
ful  points  relating-  to  this  family  would  have  been  at  once 
resolved. 

15.  The   fìrst    Sir    Edward    Broughton,    during   the 

g-reat   civil    confìict    of    the    seventeenth    century,    took 

the    Eoyal   side,    and   was   doubtless   the    "  Sir   Edmund 

Broughton  "  who,  according-  to  Burghall's  Providence  Im- 

2)roved,  was  fetched,  in  October  1643,  with  two  of  his  sons 

from    his   house   at   Broughton    [Marchwiel]    and   taken 

prisoner  to  Nantwich.     Besides  his  brother,  Captain  Wil- 

liam  Broughton,  his  other  brother,,  Colonel  Robert  Brough- 

ton,  and  his  sons,  Lieutenant  Edward  and  Major  Eobert 

Broughton,  were  on  the  same  side.     But  his  second  son, 

Captain  Francis  Broughton,  espoused,  it  is  said  (O.P.),  the 

Parliamentary  cause. 

e2 


52  The  Broughtons  of  Marchwiel. 

16.  Lieutenant  Edward  Broughton  (afterwards  the 
second  Sir  Edward,  and  eldest  son  of  the  first)  was  taken 
prisoner  by  General  Lambert,  in  1659,  at  the  capture  of 
Chirk  Castle,1  and  immured  in  the  Gatehouse  Prison, 
Westminster,  close  to  the  Abbey.  The  keeper,  Aquila 
Wyke,  gent.,  who  held  for  lives  the  keepership  (which  was 
no  mean  office),  appears  to  have  just  died,  and  left  a 
blooming  young  widow,  of  under  thirty  years  of  age,  and 
three  children.  Lieutenant  Broughton,  himself  a  widower, 
was  evidently  of  an  exceedingly  ardent  and  susceptible 
disposition,  and  fell  desperately  in  love  with  the  young 
widow.  Mistress  Wyke  seems  to  have  kept  him  at  bay 
for  a  time,  but  at  last  gave  her  consent  to  be  his  wife,  not 
without  conditions. 

17.  Accordingly,  on  the  sixth  and  seventh  of  April 
1660,  he  being  then  no  longer  under  arrest,  by  indentures 
of  lease  and  release,  Mr.  Broughton,  describing  himself  as 
Edward  Broughton,  esq.,  of  Marchwiel,  son  and  heir  of 
Sir  Edward  Broughton,  knight,  deceased,  conveys  all  his 
tenements  and  lands  in  the  counties  of  Denbigh,  Flint, 
and  Chester,  to  William  Knightley,  esq.,2  and  John  Mills, 
esq.,  "  upon  trust  and  at  the  only  disposition  and  appoint- 
ment  of  the  said  Mary  Wykes  in  writing,  duly  attested, 
shall  nominate."  The  estate  is  declared  to  be  of  the 
annual  value  of  £550,  and  free  from  incumbrance,  except 
the  life  interest  of  Dame  Frances  Broughton  in  the  capital 
messuage  in  Iscoed  [Plâs  Issa],  being  her  jointure,  late 
the  lands  of  Sir  Edward  Broughton,  father  of  the  said 
Edward  Broughton.     The  capital  messuage  with  appurten- 

1  His  uncle,  Colonel  Robert  Broughton,  was  taken  prisoner  at 
the  same  time  and  place.  A  Colonel  Robert  Broughton  was  Royalist 
Governor  of  Shrewsbury  on  18th  August  1 6-í-í. 

2  This  William  Rnightly  was  evidently  either  Mistress  Wyke's 
father  or  at  least  one  of  her  near  kinsfolk. 


The  Broughtons  of  Marchwiel.  53 

ances  in  Marchwiel  is  mentioned  as  being  in  the  tenure  of 
Margaret  Broughton,  widow,  grandmother  of  the  grantor, 
and  the  only  considerations  named  are  "  the  love  and 
affection  borne  by  the  said  Edward  Broughton  to  the  said 
Mary  Wykes,  and  the  marriage  shortly  to  be  solemnized 
between  them".  Sir  Eobert  Honeywood,  hnight,1  and 
Thomas  Darrell,  esq.,  join  with  Edward  Broughton  in  the 
conveyance. 

18.  It  would  seem  that  Mistress  Wyke,  spite  of  this 
evidence  of  Edward  Broughton's  affection,  still  doubted, 
or  affected  to  doubt,  his  fidelity,  his  constancy,  his  devo- 
tion.  So,  less  than  a  week  afterwards,  on  the  12th  April 
1660,  Mr.  Broughton  composed,  signed,  and  sealed  the 
extraordinary  "  Imprecation  "  printed  as  the  6th  Appendix 
to  the  3rd  vol.  of  the  1810  edition  of  Pennant's  Tours  in 
Wales,  a  document  which  is  surely  one  of  the  curiosities  of 
literature. 

19.  I  have  some  hesitation  in  transferring  to  my 
pages  this  Imprecation,  and  yet,  were  I  to  omit  it  wholly, 
much  of  the  point  and  pith  of  what  has  to  be  related 
would  be  wanting.  It  will  suffice  if  I  summarize  the  first 
part  of  the  curse,  and  quote  in  f  ull  only  the  second  part. 
Edward  Broughton,  then,  invokes  the  most  awful  and 
teiTÌble  plagues  upon  himself  and  his  posterity  "  if  I  do 
not  utterly  forbear  all  rash  swearing  and  all  man'er  of 
drinking,  and  all  manner  of  debauchery  whatsoever ;  or  if 
ever  I  am  guilty  of  finding  fault  with  anything  my  in- 
tended  wife  shall  doe  or  say ;  or  if  ever  I  undertake  any 
business,  or  any  thing,  how  great  a  concern  soever,  or 
small,  without  the   knowledge,  assent,  consent,  advice  of 

1  Probably  Sir  Robert  Honywoorl,  knight,  brother  to  this  Ed- 
ward  Broughton's  íirst  wife,  "  servant  to  the  Queen  of  Bohemia," 
lînighted  at  Otelands  7  July  1627,  born  3  Aug.  1601,  and  son  of 
another  Sir  Robert  Honywood,  knight. 


54  The  Broughtons  of  Marchwiel. 

Mary   Weeks,   uiy   intended   wife,    and    is    to    be    Mary 

Broughton  wlien  this  shall  effect ;  or  if  shee  shall  make 

any  request  unto  me  in  my  life-time,  it  shall  be  of  force 

never  to  be  violated  by  me,  although  I  surviving  her,  con- 

cerning  body  and  soule,  life  or  fortune,  children  or  friends, 

how  unreasonable  soever;  or  if  there   shall   happen   any 

difference  betwixt  her  and  me,  as  there  hath  been  betwixt 

me  and  my  first  wife,  then,  if  I  ani  the  cause  of  it,  may 

all  the  plagues  im'ginable  fall  on  me  and  all  the  plagues 

God  can  inflict ;  or  if  shou'd  arise  any  quarrell,  and  shee 

the   only  cause,  yet,  when  I   remember  hereof,    or  shee 

these  vows,    I    most   heartily  pass  by,   forgive,    and   en- 

deavour  to  pacifie,  and  use  all  the  art  imaginable  to  please 

here  [her],  and  if  shee  couJd  impose  more,  I  wou'd  most 

willingly  doo  it,  or  else,   may  all  those  plagues,  if  there 

were  greater  curses  or  imprecacons,  I  heartily  pray  they 

may  all  be  powered  downe,  as  the  rain  fall  on  the  thirsty 

ground,  and  upon  my  posterity  f or  ever ;  and  this  I  doe 

heartily   and  voluntarily,  and  with  serious    consideration 

and  premeditation,  having  taken  a  long  time  to  consider 

this ;  and  most  readily  signe  itt  with  my  owne  hand,  and 

seal  it  with  my  own  seale." 

20.  Nice  sorts  of  marriage  settlements  these,  and 
casting  a  vivid  light  upon  the  character  of  these  two 
extraordinary  personages  !  One  can  easily  guess  what  sort 
of  man  Edward  Broughton  was,  but  the  character  of  his 
second  wife  presents  a  more  difficult  problem.  I  think 
we  should  be  wrong,  on  the  one  hand,  to  regard  her  as 
a  mere  "  Becky  Sharp",  or,  on  the  other,  to  set  her  on  too 
high  a  pedestal.  There  was  plainly  something  attractive 
about  Mistress  Wyke,  and  equally  plain  that  she  was 
shrewd,  capable,  and  managing.  The  probability  is  that 
she  was  really  dazzled  by  Edward  Broughton,  but,  per- 
ceiving  clearly  his  faults  and  vices,  took  the  best  means  in 


The  Broughtons  of  Marchwiel.  55 

her  power  of  winning  and  weaning  him  from  them.  The 
possession  ot  the  cpialities  of  justice  ancl  affection  cannot 
be  denied  her.  There  was  romance  in  the  affair,  so  far  as 
she  was  concerned,  but  romance  well  under  the  control  of 
sound  common  sense.  But  how  inferior  is  this  story  com- 
pared  with  that  (not  unlike  it  in  some  points)  so  sweetly 
told  hy  Chaucer  in  his  Franheleynes  Tale  I1 

21.  Accorclingly,  Edward  Broughton  and  Mistress 
Wyke  were  shortly  after  duly  marriecl,  and  she  bore  him 
three  sons.  Of  these,  the  two  youngest  evidently  died  in 
infancy,  and  the  eldest,  Edward,  succeeded  to  the  whole 
Marchwiel  estate  under  his  mother's  will. 

22.  It  was  not  enough  that  Mr.  Edward  Broughton 
should  settle  all  his  estates  on  his  prospective  wife,  and 
promise  uncler  the  most  awful  engagements,  to  obey  her 
lightest  whim,  but  the  attempt  was  actually  made  to  change 
the  name  of  the  more  important  of  his  two  capital  mes- 
suages  from  "  Marchwiel  Hall  "  to  "  Concpieress  Hall " 
(The  Hall  of  the  she-  Conaueror) .  This  name  fìrst  appears 
in  Lady  Broughton's  will  (20  Jan.  1680-1),  and  so  late  as 

1  Here  are  the  relevant  passages  from  Chaucer : — 
"  Ther  was  a  knight,  that  loved  and  did  his  peyne 
In  Armoryke,  that  cleped  is  Briteyne, 
To  serven  a  lady  in  his  beste  wise  ; 
And  many  a  labour  and  many  a  grete  emprise 
He  for  his  lady  wrought,  er  sche  were  wonne. 


And,  for  to  lede  the  more  in  blisse  here  lyves, 
Of  his  fre  wille  he  swor  hire  as  a  hnight, 
That  never  in  his  wille  by  day  ne  by  night 
Ne  schulde  he  upon  him  take  no  maystrie 
Ayeins  hire  wille,  ne  kuythe  hire  jalousye, 
But  hire  obeye,  and  folwe  hire  will  in  al, 
As  ony  lovere  to  his  lady  schal  ; 
Save  that  the  name  of  sovereyneté 
That  wolde  he  han  for  schame  of  his  degre." 


56  The  Broughtons  of  Marchwiel. 

the  year  1749,  I  fìnd  this  mansion  described  as  "  March- 
wiel  Hall,  alias  Conqueress  Hall."  It  is  not  quite  clear 
whether  this  attempt  was  made  by  the  husband  or  the 
wife,  but  in  either  case  it  is  the  mark  of  a  tolerably  com- 
plete  subjection  of  the  first  to  the  second. 

23.  From  what  has  been  said  above,'  it  will  be  evident 
that  Pennant  made  a  mistake  when  he  said  (Tours  in 
Wales,  1810  edition,  vol.  i,  p.  414)  that  Edward  Broughton 
married  the  daughter  of  Wyke,  the  keeper  of  the  Grate- 
house  Prison.  He  married,  as  we  know,  the  widow  of  the 
keeper.  Pennant  is  also  wrong  in  his  statement  that 
Edward  Broughton  bequeathed  his  estate  to  "  his  wife's 
brother."  He  gave  it  wholly  to  herself  before  marriage, 
so  that  he  was  entirely  dependent  on  her. 

24.  There  is  some  uncertainty  as  to  the  original  form 
of  the  name  of  Mistress  Broughton's  fìrst  husband.  Ed- 
ward  Broughton  consistently  spelled  it  "  Weekes "  or 
"Wykes",  and  his  step-son  is  called  "Aqualah  Weekes" 
in  1703,  but  Lady  Broughton  herself  and  the  later  mem- 
bers  of  the  family  held  this  surname  to  be  "Wyke",  and 
thus  accordingly  I  always  spell  it. 

25.  The  estate,  when  Mr.  Broughton  conveyed  it  to 
the  widow  Wyke,  comprised  Marchwiel  Hall,  with  the 
demesne  lands  annexed  thereto,  one  of  the  two  farms 
called  "  Stryt  yr  hwch",  one  of  the  two  farms  called 
"  Croes  y  mab",  Coed  Dafydd,  one  of  the  two  farms 
called  "  Pont  y  ffrwd",  Tyddyn  tu  uwch  y  llan,  Tyddyn 
tu  is  y  llan,  and  other  farms  in  Marchwiel  which  I  have 
been  unable  to  identify,  the  Pumrhyd  Mill  and  lands  in 
Abenbury,  Carnarvon  Hall  in  Mount  Street,  Wrexham, 
and  the  Lower  Hall  property,  which  included  lands  in 
Dutton  Diff  aeth  and  Sutton  Isycoed,  and  extended  into  the 
parish  of  Church  Shocklach,  in  the  county  of  Chester. 
According  to  a  fine  levied  in    1731,  the  Marchwiel  Hall 


The  Broughtons  of  Marchwiel.  57 

estate,  not  including  tlie  Lower  Hall  property,  is  returned 
as  containing  613  acres,  and  according  to  another  fine, 
levied  in  1773,  including  Lower  Hall,  as  containing  706 
acres. 

26.  I  think  there  can  be  no  doubt  that  the  hero  (or 
shall  we  say  vidim  ?)  of  this  romance  was  knighted,  in  or 
before  the  year  1664  [see  Addenda],  and  so  became  the 
second  Sir  Edward  Broughton.  He  describes  himself  as 
"knight"  in  his  will,  and  is  called  "  Sir  Edward  Brough- 
ton"  in  the  entry  referring  to  his  burial  in  Westminster 
Abbey.  After  his  death,  moreover,  his  widow  was  known 
as  "Lady  Broughton."  Colonel  Chester  says  that  "in  the 
record  of  administration  to  his  estate,  28  July  1665,  he  is 
styled  '  Kt.  and  Bart.,'  but  in  subsequent  proceedings  in  the 
Court  of  Probate,  he  is  described  as  a  knight  only."  I 
should  not  be  surprised  if  it  were  to  be  found  that  he  was 
designated  as  a  baronet,  during  the  few  days  succeeding 
his  mortal  wound,  but  that  he  died  before  the  patent  could 
be  engrossed,  or  the  due  formalities  carried  out.  The 
supposition  just  made  cannot  be  proved,  but  the  acceptance 
of  it  will  remove  all  the  apparent  discrepancies  which 
exist  as  to  his  true  title.  It  will  reveal,  for  example,  the 
excuse  which  his  son  had  f  or  assuming  the  title  of  baronet. 
The  second  Sir  Edward  Broughton  was  actually  a  knight, 
but  only  a  baronet  designate. 

27.  The  Wyke  family  had,  it  appears,  a  lease  of  the 
Gatehouse  Prison  and  Convict  Prison,  Westminster,  and 
their  precincts.  After  the  second  marriage  of  Mistress 
Wyke,  a  new  lease  was  taken  out,  or  two  new  leases  were 
taken  out,  and  Edward  Broughton  was  admitted  to  an 
interest  therein,  so  that  when  he  came  to  make  his  will 
it  was  this  interest  which  formed  a  large  portion  of  his 
assets.  For  this  reason,  and  because  the  document  throws 
some  light  on  a  very  interesting  part  of  old  Westminster, 


58  The  Broughtons  of  Marchwiel. 

I  propose  to  give  a  rather  full  summarj  of  Sir  Edward 
Broughton's  will,  raade  21st  Oct.  1664 : — 

"  I  bequeath  unto  Edward  Broughton,  my  son,  after  the  death  of 

Dame  Mary,  my  wife,  all  that  my  house  and  tenement  with  appurten- 

ances  being  between  the  Gatehouse  at  Westminster  on  the  west,  and 

the  Convict  Prison   of  the  Right   Reverend  Father  in   God,  Gilbert, 

Lord  Bishop  of  London,  on  the  east,   now   in  the   occupation  of  me, 

Sir   Edward   Broughton,   or  my  Assignes,   with  all    Stables,    Coach- 

houses,  Out-houses,  Barns,  Gardens,  Yards,  Orchards,  and  appurten- 

ances  belonging  or  appertaining  to  the  said  Messuage  or  tenement 

which  I,  Sir  Edward  Broughton  and  Dame  Mary  my  wife,  hold  to  us, 

our  heirs  and  assignes,  of  the   said   Reverend  Father  during  the  lives 

of  Aquila  Weekes,  Mary  Weekes,  and  Edward  Broughton.     To  have 

and  to  hold  the  said  Messuage,  etc,  with  the  said  Indenture  of  Lease 

immediately  after  the  death  of  Dame   Mary  my  wife.     I  bequeath  to 

Edward  Weekes,  after  the  death  of  Dame  Mary  my  wife,  all  my  lease, 

right,  title,  and  interest  of  and  in  the  Prison  or  Gaol  called  the  Gate- 

house   of  Westminster,  with  all  rooms,  easements,   comodities,  and 

necessaries  belonging  to  the  said  Prison,   or  with  the  same   used  or 

occupied.     Also  the  Office  and  Custody  of  the   said  Gatehouse,  and 

all  Prisoners  as  shall  be   committed  to  the  same,  with  all  the  fees, 

profits,  comodities,  advantages,  casualties,   benefits,  and  emoluments 

to  the  said  office  belonging,  made  to  me  and  Dame   Mary,  my  wife, 

by  John  Earles,  Doctor  in  Divinity,  Dean  of  the  Collegiate  Church 

of  St.  Peter's,  Westminster,   and   the  Chapter   of  the  same,  to  have 

and  to  hold  the  said  Indenture   of  Lease,  prison,   and   premises,  im- 

mediately  from  and  after  the  death  of  Dame  Mary,  provided  that 

he  the  said  Edward  Weekes,  his  executors  and   assignes,  shall  pay  to 

my  natural  son,  Edward  Broughton,  the  sum  of  fourhundred  pounds 

of  lawful  money  of  England  within  twelve  months  after  the   death  of 

Dame  Mary,  and  if  Edward  Weekes,  his  Executors  or  assignes,  shall 

neglect  or  refuse  to  pay  the  said  sum  of  money,  I  declare  the  devise 

of  the  said  lease,   prison,   etc,   to   my  son  Edward  Broughton.      I 

bequeath  to  Mary  Weekes  and   her  heirs,  my  lease,  right,  title,  and 

intei-est  of  the  Office  of  the  custody  and  safe  keeping  of  the  Prison  of 

the  said  Gilbert,  Lord  Bishop  of   London,   called  the  Coiwict  Prison 

in  Westminster,   with  the  keeper's  place  of  the  said  prison,  also  the 

Mansion  house  and  messuage  now  erected  and  built  upon  the  said 

Prison,  wherein  Lord  ffitzWilliams  lately  dwelt,  at  the   west  end  of 

the  Abbey  called  Westminster  Abbey,  with  all  Stables,  Coach-houses, 

Barns,  Outhouses,  Gardens,  Orchards,  etc,  to  have   and  to   hold  the 

same  immediately  from  and  after  the  death  of  Dame  Mary.     I  be- 

queath  to  Aquila  Weekes    and  his    heirs,  all  my  right,   title,   and 


The  Broughtons  of  Marchwiel.  59 

interest  of  or  in  or  to  the  house  adjoining  the  said  Gatehouse  on  the 
North  side,  now  in  the  tenure  of  Mr.  Lewes,  called  or  known  by  the 
name  of  the  Dolphin,  to  have  and  to  hold  the  same  after  the  death 
of  Dame  Mary.  I  bequeath  to  Dame  Mary,  my  wife,  for  the  term  of 
her  natural  life,  all  and  singular  the  rest  and  residue  of  my  personal 
estate,  goods,  chattels,  plate,  jewels,  rings,  household  stuíf,  leases, 
debts  and  dues,  and  after  her  death  I  bequeath  all  the  rest  and 
residue  of  my  personal  estate  to  her  and  my  son,  Edward  Broughton. 
I  appoint,  as  Executors  of  this  my  will,  Dame  Mary  my  wife,  Sir 
Timothy  Terrell,  of  Showre,1  in  the  county  of  Oxon,  and  Sir  Phillip 
Honywood,2  of  Portsmouth,  in  the  county  of  Southampton,  hnight, 
and  Commander  there  ;  and  I  bequeath  to  the  said  Sir  Timothy 
Terrell  and  Sir  Philip  Honywood  twenty  pounds  apiece  to  buy  each 
of  them  a  Nagg  for  their  care  and  pains."     [Will  proved  16  Dec.  1669.] 

28.  Is  there  not  a  certain  perhiness  manifested  in 
this  "will",  as  though  the  testator  plunied  himself  that 
he  was  not  v\  ithout  something  to  bequeath  in  spite  of  all  ? 
How  often,  and  with  what  evident  relish  does  he  use  this 
word  "bequeath"!  Finally,  notice  how  artfully  he  directs 
that  after  the  death  of  his  wife  the  residue  of  his  personal 
property  should  go  to  her  and  his  son  Edward  Broughton, 
leaving  his  son  the  residuary  legatee. 

29.  Miss  Angharad  Llwyd  wrote  in  1821,  on  the 
information  of  the  Rev.  George  Warrington,  of  Wrexham, 
that  [the  secoud]  Sir  Edward  Broughton  married  for  his 
second  wife  "amiller's  daughter";  and  that  Mr.  War- 
rington  meant   by  the    "  miller's    daughter ",    the    Mary 

1  Sir  Timothy  Tyrrell,  of  Shotover  and  Oaldey,  Governor  of 
Cardiff,  Master  of  the  Ordnance,  died  23  Oct.  1701,  aged  84,  buried 
at  Oahley,  son  of  another  Sir  Timothy  Tyi-rell,  eldest  son  of  Sir  Ed- 
ward  Tyrrell,  of  Thornton,  by  his  second  wife  and  own  brother  to 
Frances  Broughton,  Edward  Broughton's  mother. — II.  of  K. 

2  Sir  Philip  Ilony^yood.  Mr.  Hughes,  of  Bänmel,  thinhs  that  this 
person  must  be  the  Sir  Philip,  of  Petts,  co.  Kent,  another  brother  of 
Frances  Broughton,  Edward  Broughton's  mother,  and  the  fifteenth 
child  of  his  parents.  He  could  not  havebeenthe  Sir  Philip,  Governor 
o/  Portsmouth,  who  died  17  June  17-32,  98  years  after  date  of  Edward 
Broughton's  will. 


6o  The  Broughtons  of  Marchwiel. 

Wyke,  widow,  mentioned  in  the  account  given  above,  is 
clear  by  his  adding  that  the  Browns,  of  Marchwiel,  were 
her  heirs.  For  Mary  Wyke's  parentage  my  authority  is 
the  late  Colonel  Chester,  one  of  the  most  caref  ul,  cautious, 
and  painstaking  genealogists  of  our  time.  And  for  the 
history  I  give  of  the  descent  of  the  estate,  I  rely  not 
merely  on  the  "  abstract  of  title"  of  the  property  (a  copy 
of  which  I  possess),  butalso  on  such  contemporary  evidence 
as  administrations,  wills,  rate-books  and  registers.  The 
Rev.  George  Warrington's  statements  to  Miss  Angharad 
Llwyd  appear  to  be  in  this  respect,  as  in  other  respects 
(see  par.  43),  wildly  wrong. 

30.  It  seems  clear  that  Sir  Edward  Broughton  after  his 
second  marriage  lived  at  his  tenement  next  the  Gatehouse, 
Westminster,  and  that  when  he  himself  died,  Lady 
Broughton  and  her  sons,  Edward  Broughton  and  Edward 
Wyke,  still  lived  there.  Aquila  Wyke,  his  second  step- 
son,  was  resident  at  Wrexham,  probably  at  Carnaiwon 
Hall,  Mount  Street  (on  the  site  of  Brown's  Court,  iin- 
mediately  opposite  the  old  Mount  House),  Carnarvon  Hall 
being  the  only  house  in  the  town  belonging  to  the  March- 
wiel  Hall  estate.  In  1670,  Marchwiel  Hall  itself, 
according  to  the  hearth  tax  returns,  was  occupied  by 
Captain  Broughton  and  Mrs.  Anne  Broughton,  and  con- 
tained  twelve  hearths.  Although  Edward  Broughton, 
esq.,  "  alias  Sir  Edward  Broughton,  bart."  (son  of  the 
second  Sir  Edward  by  his  wife  Mary)  is  described  as  "  of 
Marchwiel ",  this  does  not  necessarily  imply  that  he  lived 
there,  and  I  have  not  yet  come  across  any  decisive  proof 
that  he  did  so  until  after  his  mother's  death,  but  I  may 
say  that  Edwarcl  Lhuyd,  in  his  account  of  Marchwiel 
Parish,  remarks : — "  Sir  Edw.  Broughton  has  a  Avarren 
adjoyning  to  his  Hall."  The  house  was  subsequently 
tenanted  (before  1731)  by  the  Rev.  Thomas  Holland,  of 
Berw,  who  was  still  there  in  1735. 


The  Broughtons  oý  Marchiuiel.  61 

31.  When  war  was  declared  against  Holland,  22  Feb. 
1664-5,  tlie  second  Sir  Edward  Broughton  joined  the  íleet, 
and  was  engaged  in  the  famous  naval  battle  of  June  3rd, 
when  he  was  mortally  wounded.  However,  he  was  taken 
home  to  Westminster,  where  he  died  on  the  20th,  and 
was  buried  (26  June  1 665)  in  the  Abbey,  "  in  the  north 
part  of  the  cross  aisle  near  the  monument  door."   [C.C.] 

32.  On  the  20th  Jan.  1680-1,  Mary  Lady  Broughton 
made  her  last  will  (which  was  proved  21st  March  1694-5). 
Therein  she  bequeathed  to  her  son,  Edward  Broughton, 
her  property  in  the  town  of  Kingston-upon-Thames,  in  the 
county  of  Surrey ;  all  her  leasehold  messuages  and  lands 
in  Westminster ;  her  right  and  title  in  the  prison  or 
"  Goale"  called  The  Gatehouse  there,  and  in  the  Convict 
Prison  and  Mansion  at  the  west  end  of  Westminster 
Abbey,  and  all  other  her  right  and  interest  in  her  estate, 
personal  and  real,  in  the  county  of  Middlesex,  city  of 
Westminster,  and  county  of  Surrey,  she  having  purchased 
the  same  with  her  own  "  reall  money  or  poréon  or  patri- 
moniall  estate",  subject  to  two  annuities  of  £40  each  to 
her  two  "  undutif  ull  sonnes",  Edward  Wyke  and  Aquila 
Wyke.  She  bequeathed  also  to  her  said  son,  Edward 
Broughton,  and  his  heirs  lawfully  begotten,  the  whole  of 
the  Marchwiel  or  Conqueress  Hall  estate  in  the  parishes 
of  Marchwiel,  Wrexham,  Holt,  and  Shocklache,  in  the 
counties  of  Denbigh,  Flint,  and  Chester,  and  all  the 
residue  of  her  goods,  chattels,  leases,  bonds,  and  all  other 
her  personal  estate  whatever,  subject  to  the  payment  of 
her  debts  and  the  satisfaction  of  her  legacies.  Amongst 
these  was  a  bequest  of  £100  to  Mr.  Roger  Jackson,  to 
whose  care  she  left  the  management  of  her  estate  for  the 
benefìt  of  her  children,  and  another  of  £50  to  "  her  un- 
fortunate  undutifull  daughter,  Mary  Decombe,  daughter 
of  my  fìrst  husband,  Aqaila  Wyke,  deceased  ",  this  sum 


6  2  The  Bronghtons  of  Marchwiel. 

being  the  sole  provision  made  f or  Mary  Decombe,  "  she 
having  forinerly  imbeazled  mnch  of  my  estate."  And  in 
case  the  said  Edward  Broughton  should  die  without 
[lawful]  issue,  then  the  testatrix  bequeathed  the  premises 
unto  her  second  son  [by  her  first  husband],  Aquila  Wyke 
and  his  lawful  heirs,  and  for  want  of  such  issue  to  her 
eldest  son,  Edward  Wyke  and  his  lawful  heirs.  And  she 
appointed  her  son,  Edward  Broughton,  and  the  said  Boger 
Jackson,  sole  executors.  I  print  a  fuller  summary  of  this 
interesting  will  in  Appendix  V. 

33.  It  has  been  repeatedly,  but  most  inaccurately, 
stated  that  Edward  Broughton  (son  of  the  second  Sir 
Edward)  was  disinherited.  But  it  now  appears  that  Lady 
Broughton  disinherited  her  two  other  sons  and  only 
daughter,  in  f avour  of  this  very  Edward  Broughton ;  these 
other  sons  were  only  to  beneíit  beyond  their  beggarly 
annuities  of  £40  apiece  in  the  event  of  Edward  Broughton 
dying  without  lawful  issue. 

34.  If  Sir  Edward  Broughton  had  not  settled  his  whole 
esta,te  on  Mary  Wyke  before  his  marriage  with  her,  he 
would  probably  have  squandered  the  greater  part,  if  not 
all,  of  it.  But  his  wife  not  merely  maintained  his  credit 
and  honour,  but  handed  on  to  his  only  surviving  son  a 
largely  augmented  property.  There  is  no  ground  for  the 
outcry  that  has  been  made  against  Sir  Edward  Broughton's 
second  wife. 

35.  Mary  Lady  Broughton  is  said  to  have  been  buried 
19  March  1694-5,  in  Westminster  Abbey,  but  Mr.  W.  M. 
Myddelton  tells  me  that  the  record  of  her  interment  there 
is  not  recorded  in  the  Abbey  registers,  and  is  only  noted 
"  in  a  herald  painter's  work  book  in  the  College  of  Arms" 
(50,  p.  106). 

36.  It  is  evident  that  there  was  some  litigation  during 
Lady  Broughton's  life  relating  to  the  custody  of  the  Gate- 


The  Brotightons  of  Marchwiel.  6 


ó 


house  prison,  for  Mr.  Myddelton  found  in  Sir  C.  Levinz's 
Law  Reports,  1722,  the  following  sentence  : — "  And  so  was 
the  case  of  Lady  Broughton  lately,  who  had  the  custody 
of  the  Prison  of  the  Gatehouse  at  Westminster,  under  the 
Dean  and  Chapter,  who  being  convicted  of  a  forfeiture 
before  Hale,  'twas  resolved  by  him  and  all  the  Judges  of 
King's  Bench  that  the  forfeiture  belonged  to  the  Dean  and 
Chapter  and  not  to  the  King."  I  am  glad  of  this  clue, 
but  have  not  been  able  to  follow  it  up. 

37.  The  interest  which  one  feels  in  Marchwiel  Hall 
and  its  owners  is  not  exhausted  when  the  chief  actors  in 
the  strange  history  just  described  pass  off  the  scenes. 

38.  There  is  much  mystery  attaching  to  Edward,  the 
sole  surviving  son  of  the  second  Sir  Edward  Broughton  by 
Mary  his  wife.  Under  his  mother's  will  he  came  into 
possession  of  all  the  Marchwiel  Hall  estate,  and  assumed 
the  title  of  baronet,  a  title  which  was  freely  conceded  to 
him  by  all  and  sundry.  As  Sir  Edward  Broughton,  bart., 
he  was  high  sheriff  of  Denbighshire  in  1698.     He  is  so 

o  o 

styled  in  the  rate  books  of  Abenbury,  where  he  had  a  mill 
and  lands,  and  in  the  record  of  his  burial  (14  June  1718) 
in  Marchwiel  parish  register  he  is  again  described  as 
"  Sir  Edward  Broughton,  of  Marchwiel,  baronet."  Other 
instances  might  be  supplied,  if  those  already  given  were 
not  sufficient,  of  his  being  thus  styled  during  his  life. 
On  the  other  hand,  in  the  record  of  administration  to  his 
estate,  which  did  not  take  place  until  1738,  he  is  called 
"  Sir  Edward  Broughton,  Baronet,  otherwise  Edward 
Broughton,  Esq."  I  have  already  suggested  (in  par.  26) 
what  excuse  Edward  Broughton  may  have  had  for  assum- 
ing  a  title  which  did  not  properly  belong  to  him.  He  was 
a  baronet  claimant  only. 

39.  To  all  this  has  to  be  added  that  there  is  not  the 
slightest  evidence  to  show  that  this  Edward  Broughton 


64  The  Broughtons  of  Marchwiel. 

ever  married.  Tn  the  administration  of  his  will  he  is,  in 
fact,  described  as  "  batchelor."  And  as  this  administra- 
tion  is  very  short  I  will  give  it  in  full : — 

May,  1738. 

July  On  the  fifth  day  issued  forth  a   Com'on  [commission]  to 

Aquila  Wyke,  Esq.,  the  Nephew  by  the  Brother  on  the 
mother  side  and  next  of  kin  of  Sir  Edward  Broughton, 
Baronet,  otherwise  Edward  Broughton,  Esq.,  late  of 
Marchwiel  Hall  in  the  County  of  Denbigh,  Batchelor, 
dec'ed  [deceased]  to  ad'ster  [administer]  the  Goods  Chat- 
tels  and  Credits  of  the  said  dec'ed  [deceased]  being  first 

Jan.  1738      sworn  by  Com'on[commission]dulytoad'ster[administer]. 

40.  Edward  Broughton  executed  a  will  which,  if  it 
could  be  found,  would  be  certainly  most  interesting,  and 
might  clear  up  many  points  on  which  some  uncertainty 
may  still  exist.  I  have  had  a  search  made  at  Somerset 
House  for  this  will,  but  no  mention  of  it  occurs  in  the 
indexes  there. 

41.  There  is  some  discrepancy  in  the  different  accounts 
of  the  date  of  death  of  this  Edward  Broughton.  According 
to  the  abstract  of  title  he  died  in  1719,  and,  according  to 
Colonel  Chester  in  1738.  This  last  date  I  am  able  to 
explain.  It  was  not  until  1738  that  administration  was 
granted  of  his  estate,  and  Colonel  Chester  has  taken  the 
year  of  this  "  administration  "  for  the  year  of  his  death. 
From  the  Marchwiel  register  we  learn  that  he  was 
buried  on  14  June  1718,  and  in  the  Abenbury  rate  books 
for  the  last-named  year  "the  heirs  of  SirEdward  Brough- 
ton  "  are  charged  f or  Pymrhyd  Mill  and  lands  instead  of 
"  Sir  Edward  Broughton,  Bt.,"  and  in  1724,  "Aquila 
Wykes,  esq.",  the  son  of  his  half-brother  Edward  Wyke, 
is  charged  for  the  same.  Also,  it  is  stated  in  the  abstract 
of  title  that  Aquila  Wyke,  on  2  and  3  Sept.  1728,  suffered 
a  recovery  of  the  Marchwiel  Hall  estate  at  the  Great 
Sessions  for  county  Denbigh.     It  would   be  possible    to 


The  Broughtons  of  Marchwiel.  65 

adduce  rauch  other  evidence  f or  the  statenient  that  Edward 
Broughton  (son  of  the  second  Sir  Edward)  died  in  1718, 
and  that  Aquila  Wyke  succeeded  hini  under  the  provision 
of  Mary  Lady  Broughton's  will.  But  enough  has  been 
said  on  this  point. 

42.  There  is,  however,  another  problem  that  has  to 
be  faced.  Spite  of  the  fact  that  in  the  administration  to 
his  estate  Edward  Broughton  is  said  to  have  died  un- 
married,  and  that  Aquila  Wyke  succeeded  as  his  heir-at- 
law,  it  is  claimed  that  he  left  at  least  one  daughter  and 
heiress,  and,  by  implication,  another  daughter  or  other 
daughters.  Thus,  in  Burke's  Lancled  Gentry,  1846,  we  are 
told  that  "Theodosia,  eìcled  clau.  and  heir  of  Edward 
Broughton,  esq.,  of  Marchwiell  Hall,  co.  Denb.",  married. 
Rees  Hanmer,  esq.,  of  Pentrepant,  co.  Salop,  whose 
daughter  and  heir,  Mary,  married  Henry  Strudwick,  esq., 
whose  daughter,  Mary,  married  the  Eev.  George  War- 
rington,  of  Wrexham  (vicarof  Hope,  Flintshire,  1773-1796, 
rector  of  Pleaseley) . 

43.  When  the  Eev.  George  Warrington  was  talking 
with  Miss  Angharad  Llwyd  in  1821,  he  told  her,  or  she 
said  he  told  her,  that  [the  second]  Sir  Edward  Broughton 
married,  secondly,  "  a  Miller's  daughter  "  [but  see  what  I 
have  said  before,  A.  N.  P.],  and  that  "her  influence  was 
such  that  she  persuaded  Sir  Edd.  to  disinherit  his  only 
son  in  favour  of  her  daughter  [who  was,  in  fact,  cut  off 
with  £50,  A.  N.  P.].  The  young  baronet  became  dis- 
gusted,  and  went  to  the  West  Indies  with  his  wife,  who 
was  Miss  Hanmer,  the  heiress  of  Pentrepant.     They  left 

one  daughter,  who  md Estwick,  es^.1     They 

were  parents  to  the  late  Mrs.  Warrington,"  etc. 

1  Should  be  Henry  Strudicicb,  esq.  Here  we  have  evidently  a 
mistake  of  Miss  Llwyd,  who  could  not  catch  the  name  rightly  in  the 
form  Mr.  Warrington  gave  it. 

F 


66  The  Broughtons  of  Marchwiel. 

44.  According  to  this  account,  then,  Mrs.  Warrington, 
instead  of  being'  great  grand-daughter  to  Edward  Brough- 
ton,  of  Marchwiel,  was  grand-daughter  to  him,  and  if  we 
combine  three  of  the  different  pedigrees  we  get  the 
extraordinary  result  that  Edward  Broughton  and  his 
grandson,  Henry  Strudwick,  married  the  same  woman  ! 

45.  There  is  not  the  slightest  reason  to  suppose  that 
there  has  been  any  wilful  misrepresentation  here  on  the 
part  of  any  one,  but  only  that  sort  of  mistake  which  is  so 
easy  to  persons  unpossessed  of  the  critical  temperament. 
There  is  no  doubt  some  basis  of  truth  in  all  these  stories, 
but  they  are  so  muddled  up  that  it  is  not  only  impossible 
[for  me  at  any  rate]  to  sift  them,  but  even  to  make  any 
sort  of  use  of  them. 

46.  The  constant  insistence  on  the  disinheriting  by 
the  second  Sir  Edward  Broughton  of  his  only  [surviving] 
son  becomes  unintelligible  when  we  know  that  this  son, 
Edward,  actually  came  into  full  possession,  although  under 
his  mother's  will,  of  all  his  father's  estates.  And,  if  it  be 
said  tha.t  the  son  Edward,  who  was  disinherited,  was  the 
son  of  Sir  Edward's  first  wife,  Alice,  then  we  have  to 
assume  that  Sir  Edward  had  two  sons,  each  bearing  at  the 
same  time  exactly  the  same  name,1  and  each  a  "  young 
baronet." 

1  It  is  right  to  say  that  there  is  some  contemporary  evidence  for 
the  statement  that  there  were  two  brothers,  each  named  Edward 
Broughton.  Mr.  Hughes,  of  Kinmel,  calls  my  attention  to  the 
following  obituary  notice  in  the  Historical  Register  Chronicle,  which 
is  the  chronological  diary  to  the  Historical  Register,  25  vols.,  8vo, 
London,  1714-38  :— 

"  Broughton  (or  Braughton)  Mary  (Mrs.),  relict  of  Edward,  bro.  of 
SirE.  B.  Bt.  Denbeighs.  13-15  Jan.  1730."  However,  the  more  this 
entry  is  examined,  the  more  evident  it  becomes  that  there  is  some 
error  in  it.  The  statement  as  it  stands,  unsupported  by  any  other 
evidence,  cannot  be  accepted.  But  it  ought  not  to  be  ignored  or 
suppressed. 


The  Broughtons  of  Marchwìel.  67 

47.  All  this,  however,  is  but  one  exainple  of  the  sort 
of  stuff  with  wliich  the  historian  of  the  later  Broughtons 
of  Marchwiel  has  to  deal.  One  is  enveloped  in  an 
atmosphere  of  "  hud  a  lledrith",  of  fantasy  and  illusion, 
of  perverted  and  hopelessly  entangled  imaginations,  in 
which  nothing  iswhat  it  seeins,  and  everythmg  appears  in 
the  guise  of  something  else.  Fortunately  the  path  is 
fairly  straight,  and  no  one  who  takes  pains  and  has  the 
instinct  of  direction  can  wholly  miss  it.  To  drop  metaphor, 
the  actual  evidence,  as  it  is  contained  in  deeds,  wills,  settle- 
ments,  registers  and  rate  books,  is  perfectly  clear  and 
consistent,  and  corresponds  with  what  is  otherwise  known. 
What  else  is  still  entangled  may  yet  be  made  plain  by 
following  the  same  method,  or  by  some  chance  discovery. 

48.  Aquila  Wyke,  of  Marchwiel  Hall,  grandson  of 
Mary  Lady  Broughton,  is  also  described  as  of  Llwyn 
Egryn,  near  Mold,  an  estate  which  he  owned.  I  do  not 
know  how  he  came  into  possession  of  it,  but  I  do  know 
that  he  was  continually  mortgaging  and  re-mortgaging  his 
Denbighshire  property,  and  always  hard  up  for  money. 

49.  When  Aquila  Wyke  died  without  issue,  the 
Marchwiel  Hall  and  Llwyn  Egryn  estates  went  to  Stephen 
Brown,  the  husband  of  his  sister  Martha,  whose  son, 
Charles  Brown,  married  his  cousin,  the  daughter  of  another 
sister  of  Aquila  Wyke.  Thus,  until  1795,  Marchwiel  Hall 
still  remained  in  the  possession  of  persons  who  had  the 
blood  of  the  "Cwncweres"  in  them. 

50.  T  think  it  must  have  beent  his  Mr.  Charles  Brown, 
rather  than  his  father,  Mr.  Stephen  Brown,  of  whom 
"  Nimrod  "  l  in  his  Life  and  Times  thus  writes  : — 

"  There  was  a  very  extraordinary  character  residing  in 
Marchwhiel  parish,  of  whoin  an  anecdote  or  two  will  not 

1  Charles  James  Apperley,  in  Fraser's  Magazine,  April  1842. 

f2 


68  The  Broughtons  of  Marchwiel. 

come  amiss.  This  was  a  Mr.  Brown,  who  lived  at  what  is 
called  Marchwhiel  Hall,  a  gentleman  of  good  fortune  and 
of  a  naturally  kind  disposition,  notwithstanding  the  fact 
of  his  having  been  known  in  the  neighbourhood  (near 
London)  where  he  had  previously  resided  as  "  Bloody 
Brown."  The  origin  of  the  appellation  was  this.  His 
garden  had  been  frequently  robbed  of  much  of  its  choicest 
fruit,  and  he,  being  an  old  soldier — having  served  at  the 
siege  of  Havanna,  of  which  he  gave  a  most  wonderful  and 
amusing  account — was  not  one  to  be  trifled  with  on  such 
occasions  ;  consequently,  he  was  determined  to  put  a  stop 
to  the  depredations  to  which  he  had  been  subject.  He 
applied  to  a  dissecting-room  in  London,  and  obtained  the 
leg  of  a  human  being,  fresh  cut  from  the  body,  on  which 
he  put  a  stocking  and  a  shoe,  and  then  suspended  it  in  a 
man-trap  over  his  garden  wall.  The  act  obtained  him  the 
soubriquet  I  have  mentioned,  but  his  fruit  was  afterwards 
safe. 

The  following  trait  in  his  character  was  related  to  me 
by  Mr.  Strong  [the  Rev.  Samuel  Strong,  rector  of  March- 
wiel],  who  was  one  of  the  executors  under  his  will.  Four 
letters,  marked  1,  2,  3,  and  4,  were  found  among  his 
papers,  three  of  them  written  by  himself  to  some  noble 
lord,  whose  name  has  escaped  me.  They  were  to  the 
following  effect : — 

No.  1.  "  My  lord,  í  did  myself  the  honour  to  write  to 
your  lordship  on  the  .  .  .  instant.  I  fear  my  letter 
may  not  have  reached  your  lordship's  hands." 

No.  2.  "My  lord,  I  had  the  honour  to  write  to  your 
lordship  on  the  .  .  .  ult.,  and  am  surprised  that  your 
lordship  has  not  acknowledged  the  receipt  of  that,  as  well 
as  of  a  former  letter,  should  it  have  reached  you." 

No.  3.  "  My  lord,  I  have  had  the  honour  to  write  two 
letters  to  your  lordship,  to  neither  of   which   you   have 


The  Broughtons  of  Marchwiel.  69 

thought  proper  to  reply.  TJnless  I  receive  an  acknowledg- 
raent  of  either  one  or  the  other  of  them,  in  a  week  from 
this  time,  you  will  hear  from  me  in  that  language  which 
one  gentleman  uses  towards  another  when  he  considers 
himself  insulted." 

No.  4.  His  lordship's  answer,  pleading  parliamentary 
occupaticn. 

51.  The  great  grandson  of  Mary  Wyke  was  evidently 
a  man  who  would  stand  no  nonsense. 

52.  The  Rev.  George  Warrington  (whomust  be  taken 
to  be  a  wholly  trustworthy  authority  for  all  matters  within 
his  own  knowledge  and  experience)  told  Miss  Angharad 
Llwyd  in  1821  that  Mr.  Brown  [obviously  Mr.  Gharles 
Brown]  melted  down  the  leaden  busts  of  Prince  Pupert 
and  Prince  Maurice,  while  the  portraits  of  the  king  and 
queen  of  Boheniia  (see  par.  6)  were  dispersed  at  the  sale 
at  Marchwiel  Hall  which  had  taken  place  "about  30  years" 
before.  Mr.  Brown  died  at  Bath  10  July  1795,  and  in 
1799  is  described  as  "  formerly  of  Llwynegryn,  in  the 
parish  of  Mold,  afterwards  of  Carson,  in  parish  of  Grod- 
stone,  Surrey,  and  late  of  Reigate,  Surrey." 

53.  From  the  sale  of  household  effects  at  Marchwiel 
Hall  must  be  distinguished  the  sale  of  the  estate  itself, 
which  seems  to  have  taken  place  somewhat  later.  I  once 
saw  a  catalogue  of  this  sale,  but  unfortunately,  although 
the  day  of  the  month — 31st  of  May — was  given,  the  year 
was  omitted.  For  the  purposes  of  the  sale,  the  estate  was 
divided  into  six  lots.  Part  of  the  mansion  (with  coach- 
house,  stables,  lawn,  and  gardens)  was  stated  to  be  in  the 
possession  of  the  owner,  and  could  be  entered  upon  at 
pleasure.  The  remainder  of  the  mansion  was  occupied  as  a 
farm-house,  and  was  held,  with  orchard,  yard,  and  lands 
directly  appurtenant  thereto,  at  an  annual  rent  of  £166. 
Lot  6  comprised  a  "  handsome  new  built  dwelling-house 


jo  The  Broughtons  of  Matchwiel. 

called  Lower  Hall,  situate,  if  not  extra-parochial,  in  the 
townships  of  Dutton  Diffeth  and  Shocklach",  a  small 
tenement  called  Parry's  Tenement,  and  157  acres  of  land 
thereto  belonging,  mostly  pasture  and  nieadow,  on  the 
banks  of  the  Dee,  in  the  occupation  of  Mr.  William  Par- 
sonage,  under  a  lease  for  four  lives,  at  an  annual  rent  of 
£177,  "  worth  £300  a  year".  Lord  Kenyon,  Mr.  Richard 
Birch,  Mr.  John  Edgworth,  and  Mr.  Thoinas  Parsonage 
were  among  the  purchasers,  but  the  Hall  itself,  its  demesne 
lands,  and  various  detached  parcels,  were  still  unsold  at  the 
beginning  of  1799.  However,  on  March  24,  1801,  Mrs. 
Lucy  Brown,  widow,  and  second  wife  of  Charles  Brown, 
esq.,  sold  Marchwiel  Halland  the  lands  comprised  inLot  1 
of  the  catalogue,  containing  177^  acres,  and  two  pews  in 
Marchwiel  Church,  to  Samuel  Riley,  esq.,  of  Pickhill  Hall, 
for  £7,000.  Therehad  formerly  (in  1773)  been  a  "  dove 
house"  among  the  outbuildings ;  and  in  the  same  year  "a 
building  adjoining  "  the  Hall,  "  called  the  Gate  House  ", 
a  name  curiously  reminiscent  of  the  old  Grate  House  Prison 
in  Westminster. 

55.  We  might  conjecture  from  the  name  "  Old 
Marchwiel  Hall "  that  the  tenement  so  designated  repre- 
sents  the  capital  messuage  of  the  Broughtons  of  March- 
wiel,  and  this  indeed  is  the  common  belief,  based  wholly  on 
the  name,  which,  however,  so  far  as  I  can  discover,  does 
not  occur  earlier  than  the  beginning  of  the  nineteenth 
century.  The  names  of  the  fields,  moreover,  attached  to 
Old  Marchwiel  Hall  (Trawsdir,  Wern,  Rofft,  Maes  gwyn, 
Maes  Madoc,  Cae  du,  Pwll  ffranklin,  etc.)  are  not  men- 
tioned  in  the  deeds  of  the  Marchwiel  Hall  of  the 
Broughtons  and  Wykes,  while  many  of  the  names  of  fields 
actually  mentioned  in  those  deeds  still  persist,  and  indicate 
lands  attached  to  the  present  Marchwiel  Hall.  When  this 
latter  was  built  I  do  not  know  :  it  appears  to  be  compara- 


The  Broughtons  of  Marchwieî.  7 1 

tively  modern,  but  that  it  represents  the  house  of  the 
Broughtons,  Cwncweres  Hall,  or  the  true  Marchwiel  Hall, 
is  to  me  beyond  question.  "  Henblas"  (Old  Hall)  is  a  field 
with  no  house  on  it  on  the  Marchwiel  Hall  estate,  but  it 
was  so  named  and  in  the  sanie  condition  in  the  time  of 
Acjuila  Wyke,  and  was  among  the  lands  mortgaged  by  him, 
afterwards  redeemed,  and  finally  included  in  Lot  1,  when 
the  whole  estate  was  put  up  for  auction.  I  only  deal  in 
this  paper  with  the  owners  of  the  mansion  called  "  March- 
wiel  Hall ",  without  prefix  or  addition. 

56.  The  later  history  of  Marchwiel  Hall  concerns  us 
very  little,  but  it  may  be  well  to  add  that  it  was  bought  in 
1826  from  Thomas  Parker,  esq.a  (the  devisee  under  Mr. 
Riley's  will)  for  £13,000,  by  Samuel  Boydell,  esq.,  of 
Manor,  in  the  parish  of  Hawarden,  who  sold  it  in  1831  to 
the  late  Townshend  Mainwaring,  esq.,  then  of  Llyndir,  for 
£11,000.  Samuel  Pearce  Hope,  esq.,  of  Betley  Hall, 
Staffordshire,  purchased  Marchwiel  Hall  and  estate  from 
Mr.  Mainwaring  in  1861,  for  £13,451,  and  Mr.  Hope's 
widow,  Mrs.  Amelia  Hope,  sold  the  same  in  1882  to  the 
late  Benjamin  Piercy,  esq.,  for  £18,437,  the  area  of  the 
property  being  then  nearly  190  acres.  Mrs.  Piercy  still 
occupies  Marchwiel  Hall. 

57.  One  remark  I  may  make  by  way  of  reflection. 
Is  there  not  shown,  in  the  history  of  the  Broughton  and 
Wyke  f amilies,  how  untrustworthy,  how  contrary  to  truth, 
is  much  that  passes  under  thename  of  "  tradition"?  The 
most  careful  antiquary  makes  mistakes,  sometimes  serious 
mistakes,  now  and  again,  spite  of  himself,  but  there  are 
people  who  seeni  incapable  of  telling  a  story  exactly  as  it 

1  Mr.  Samuel  Riley's  last  will  was  made  24  Sept.  1823,  and  it  was 
proved  at  Chester  on  19  Dec.  following.  The  above-named  Thomas 
Parker,  esq.,  was  only  son  and  heir  of  the  Rev.  John  Parher,  and 
married  (about  1795)  Dorothy  Cholmondeley,  spinster. 


72  The  Broughtons  of  Marchwiel. 

is  told  them,  are  blind  to  improbabilities,  have  no  concep- 
tion  of  the  nature  of  evidence,  and  never  think  of  subjecting 
any  statement,  especially  if  it  be  once  printed,  to  due 
examination.  However  little  interest  this  history  in  itself 
may  have,  it  will  at  least  demonstrate  the  necessity  of 
consulting,  so  far  as  they  are  available,  original  sources 
and  contemporary  records,  and  of  not  allowing  even  these 
to  go  uncriticized. 

58.  I  must,  in  conclusion,  acknowledge  my  indebted- 
ness  to  the  researches  of  the  late  Colonel  Chester,  and 
render  thanks  for  the  many  hints,  readily  given,  by  W. 
M.  Myddelton,  of  St.  Alban's,  and  H.  E.  Hughes,  of 
Kinmel  Park,  esquires. 

Wrexham,  April  1900. 


ADDENDA. 


59.  Referring  to  Mr.  Leighton  of  Marchwiel,  I  have 
become  aware  of  a  literary  treasure  he  possessed.  In  what 
is  known  as  the  "  Peter  Ellice  Genealogies"  (Harleian 
Collection,  British  Museum,  Additional  MSS.,  Nos.  28,033 
and  28,034)  occurs  the  followmg  sentence : — "  In  Mr. 
Leighton's  Card  written  by  Rees  Cain  of  Oswestry, 
A°  1597,  mencon  is  made  of  these  Beirdd :  vz  Gûttyn  Owen, 
Evan  Breghva,  Grûfnth  Hiraethog,  Symon  vychan, 
W.  Uŷn,  William  Cynwall,  Rees  Cain,  Lewis  Dwn." 

60.  In  the  text,  the  second  Sir  Edward  Broughton  has 
been  described  as  knighted  "in  or  before  the  year  1664." 
But  I  am  now  able  to  say  that  he  was  knighted  at  some 
time  between  the  7th  April  1660  and  8th  Nov.  1661. 


The  Brottghtons  of  Marchwiel.  j$ 

61.  The  son,  Edward,  of  the  second  Sir  Edward 
Broughton  of  Marchwiel  was  one  of  the  deputy  lieutenants 
for  county  Denbigh  in  1714,  and  was  then  officially 
described  as  "  Sir  Edward  Broughton,  bart." 


APPENDIX  I. 


SuMMARY    OF    WlLL    OP    JoHN    MoSTTN.1 

March  1609-10. — Last  will  of  John  Mostyn,  of  parish 
of  "Kilken",  county  of  fflint  .  .  .  .  to  my  uncle  Roger 
Mostyn  the  forty  shillings  he  oweth  nie  ....  my  brother, 

Sir  Thoinas  Mostyn,  knt to  my  sister  Katherine 

Leighton  "nry  chaineof  gould",  .  .  .  .  toA.nneBrough.ton 
daughter  to  Morgan  Broughton,  esq.,  all  the  sheep  I  have 
at  Bangor  in  the  custodie  of  John  Hanmer,  of  Ruyton, 
gent.,  and  half  a  dozen  of  heyffers  of  three  years  ould,  and 

six  kine,  etc to  my  nephew,  William  Dymock,  esq., 

the  parcels  of  land  called  dol  gwernhescog,  kae  newydd, 
gwerglodd  kae  newydd  and  all  my  lands  in  gwerglodd  hir 
in  the  township  of  Sesswick,  being  "  coppehould  landes," 
.  .  .  .  to  Edward  Broughton,  son  and  heir  of  Morgan 
Broughton,  esq.,  the  lands  some  time  in  tenure  of  dauid 
ap  John  ap  Jenkyn  "in  leangth  from  the  Lande  called  kae 
r  scubor  on  thone  ende  and  the  Lande  called  kae  rhwng  y 
ddwyífordd  in  the  other  end,  and  in  bredth  betwene  the 
Lande  called  yr  Acre  yslaw  y  ffordd  on  the  one  side  and 
the  heigh  waye  that  leadeth  from  Bangor  to  the  Pymrhydd", 
"being  coppehould  landes".  "My  well  beloved  Nephew 
Sir  Roger  Mostyn,  knt.,  whom  I  appoint  my  sole  executor." 


1  John  Mostyii,  second  son  of  William  Mostyn  of  Mostyn,  esq. 
He  married  Elizabeth,  daughter  of  Roger  Decka,  and  widow  of  the 
John  Hanmer  named  in  the  will,  and  died  without  ofispring.  Ile  is 
described  in  1617  as  deceased.  His  second  sister  was  Margaret,  wife, 
first,  uf  Wm.  Dymock,  of  Penley,  gent.  ;  secondly,  of  Ilenry  Parry, 
esq.,  of  Marchwiel  and  Basingwerk  ;  and  thirdly,  of  Richard  Leightou, 
esq.,  of  Marchwiel.     fSee  Broughton  pedigree.] 


74  The  Brotightons  of  Marchwiel. 

APPENDIX  II. 


Indenture  .  .  .  Feb.  1616-7  (Summary). — Whereas 
William  Lloyd  of  halghton,  co.  fflint,  gent.,  John  ap  John 
ap  Robte  goch  of  Bedwall,  gent.,  and  Robte  Dycus  als 
Robert  ap  üauid  ap  Richard  ap  d}7cus  did  enter  into  a  bond 
of  £50  unto  John  Hanmer,  deceased,  and  Elizabeth  his 
wife,  dated  12th  May  in  23rd  year  of  Queen  Elizabeth,  the 
condition  being  that  John  Hanmer  should  quietly  occupy 
those  clausures  of  land  called  y  weirgloth  newith,  y 
weirgloth  perllan,  y  kochdyr,  and  the  fourth  lieth  within  a 
meadow  called  y  weirgloth  hiyr.  And  whereas  Sydney 
Ellis,  of  Pickhill,  g*ent.,  likewise  entered  into  a  bond  of 
£100  to  John  Mostyn  of  Sesswicke,  gent.,  deceased,  and 
the  said  Elizabeth  his  then  wife,  dated  8  March  45th  (?) 
ye&r  of  Queen  Elizabeth.  Andwhereas  said  John  Mostyn, 
surviving  said  Elizabeth,  did  by  his  last  will  dated  .  .  . 
March  1609,  give  to  Edward  Broughton,  gent.,  son  and 
heir  of  Morgan  Broughton,  esq.,  amongst  other  things 
the  said  bonds,  Now  the  said  Edward  Broughton,  etc. 


APPENDIX  III. 


Abstract  of  the  Will  of  "  Henry  Parrey,  Esq.,  of 
Marchwiell,  in  the  County  of  Denbigh  "  (made  12 
Sept.  1589). 

I  will  my  body  to  be  buried  in  the  Parish  Church  of 
Marchwiell.  I  bequeath  the  sum  of  forty  shillings  to  be 
employed  and  divided  among  the  poorest  sort  of  people 
dwelling  in  the  parish  of  Marchwiell.  1  bequeath  to  my 
Son  in  Law  Morgan  Broughton,  esq.,  and  Margaret  his 
wife  my  daughter  my  best  gelding  with  saddle  and  bridle. 
I  bequeath  to  niy  son  Thomas  Panwe  my  best  gold  chain, 
gold  signet  ring,  and  my  second  gelding  saddle  and  bridle 
according  to  my  former  gift  made  to  him.  I  bequeath  all 
the  messuages,  lands,  tenements,  and  hereditaments  which 
I  have  in  the  realm  of  England  or  Wales  to  my  said  son 
Thomas  Parry  and  to  his  heirs  lawfully  begotten,  and  in 
default  of  such  issue  to  the  lawful  male  heirs  of  niyself 


The  Broughtons  of  Marchwiel.  75 

and  my  now  wife  Katherine,  and  in  default  of  such  issue 
to  niy  daughter  Margaret  Broughton  and  her  lawful  heirs, 
and  in  default  of  such  issue,  to  the  lawful  issue  of  myself 
and  my  wife  Katherine.  I  bequeath  to  my  Overseers 
hereafter  named  twenty-fìve  pounds  each  of  lawful  money 
of  England.  All  the  rest  of  my  goods,  chattels,  household 
stuff,  plate,  jewels,  leases,  "  ffearmes",  store,  and  substance, 
I  bequeath  to  my  said  wife,  whom  I  charge  to  be  a  good 
and  natural  mother  to  my  and  her  lawful  son,  Thomas 
Parrey,  and  to  provide  that  he  may  have  the  portions,  left 
unto  liim  by  my  will,  delivered  and  assured  unto  him 
before  she  shall  marry  again,  in  order  that  he  whom  she 
may  marry  shall  not  def  raud  my  child  Thomas  Parrey  of 
any  thing  he  ought  to  have — I  appoint  my  wife  sole  and 
full  executrix  to  this  my  will,  and  I  appoint  as  overseers 
my  trusty  brethren,  Thoinas  Mostyn,  esq.,'  Bennet  ap 
Thomas  ap  Harry,"  and  my  friends  Pobert  Turbridge,  esq., 
and  William  Knight,  gent.,  that  by  their  discretion  my 
said  child,  Thomas  Parrey,  may  enjoy  the  benefit  of  all 
things  left  to  him.  Witnesses,  Henry  Mostyne,  Thomas 
Broughton,  William  Knighte,  John  Hughes,  Elizabeth 
Roberts. 

Proved  7  Feb.  1589-90. 

[I  believe  it  has  not  been  hitherto  recorded  that  Mr. 
Henry  Parry  had  a  son,  who,  however,  must  have  died  with- 
out  issue,  for  Mr.  Parry's  estates  went  in  fact  to  his  two 
daughters  and  their  heirs — Basingwerk,  etc,  to  his  elder 
daughter,  Mrs.  Ann  Mostyn,  and  Marchwiel,  etc,  to  his 
younger  daughter,  Mrs.  Margaret  Broughton. — A.  N.  P.] 


APPENDIX  IV. 


Declaration  by  the  first  Sir    Edward    Broughton,  op 
Marchwiel  (15  July  1647). 

To  all  cxrian  people  to  whome  this  p'sent  writinge 
shall  come  or  it  shall  reade  heare  or  see  I  Sir  Edward 
Broughton  of  Marchwiell  in  the  County  of  Denbigh  knt. 

1  Afterwards  Sir  Thomas  Mustyn  of  Mostyii,  knt. 

2  Bennet  ap  Thomas  ap  Ilarry  of  Perth  y  maen,  testator's  own 
brother. 


7 6  The  Broughtons  of  Marchwiel. 

doe  send  greetinge  in  or  Lord  god  everlastinge  Whereas 
Sir  Henry  Hobard  knt  and  barronet  late  Cliief  Justice  of 
his  Mats  Courte  of  Comon  Pleas  and  Chancellor  to  his 
Matie  when  he  was  Prince  of  Wales  Duke  of  Cornwall  and 
of  Yorke  and  Earle  of  Chester,  Thomas  Morray  esqr  secre- 
tarie  to  his  Matie  when  he  was  Prince  Sir  James  fullerton 
knt  Master  of  his  Highnes  Wards  and  Liueries  Sir  John 
Walter  knt  his  Highnes  Atturney  generall  and  afterwards 
Chief  Baron  of  his  Mats  Court  of  Exchequer  all  deceased 
and  Sir  Thomas  Treuor  knt  then  his  Highnes  Sollissitor 
generall  and  now  one  of  the  Barrons  of  his  Mats  Courte 
of  E^che^uer1  by  theyre  Tndenture  beareinge  date  the  first 
day  of  July  in  the  twentieth  yeare  of  the  Eaigne  of  or  late 
Soueraigne  Lord  kinge  James  his  raigne  ouer  England, 
haue  graunted  and  to  farme  Letten  vnto  the  said  Sir 
Edward  Broughton  all  those  fìue  acres  of  meadow  called 
or  knowne  by  the  Name  of  the  Receiuors  Meadow  Lyeinge 
betweene  the  Landes  Late  of  Peter  Roden  of  the  East 
pte  and  the  Lands  late  of  Raph  Broughton  and  Robert 
ap  Eandle  on  the  West  pte  Now  or  Late  in  the  tenure  or 
occupation  of  Robert  Puleston  esq  or  his  assignes  And  all 
those  three  acres  of  Meadow  by  estimation  in  Coyd  euan 
adioyninge  to  a  certayne  Meadow  called  the  Constables 
Meadow  now  or  late  in  the  tenure  or  occupation  of  Eichard 
Eyton  gent  or  his  assignes  wth  all  and  singular  their  appur- 
tenaunces  being  pcell  of  the  Lordship  of  Broomfield  and 
Yeale  in  the  said  county  of  Denbigh  and  of  the  Land  of 
the  Mannors  in  the  charges  of  the  Baylifs  of  Cobham 
Almor  and  Cobham  Iscoyd  in  the  said  Lordship,  except  in 
the  said  Indenture  excepted  vnto  the  said  Sir  Edward 
Broughton  to  hould  from  the  feast  of  the  Annuntiation 
then  last  past  for  and  duringe  the  teruie  of  one  and  thirtie 
yeares  at  the  rent  of  thirtie  shillings  eight  pence  as  in  and 
by  the  said  Indenture  of  Lease  more  at  Large  it  doth  and 
may  appeare  And  wheeeas  the  said  Sir  Edward  Brough- 
ton  for  and  in  consideration  of  a  certayne  some  of  money 
to  him  beforehand  payd  by  the  said  Sir  Thomas  Treuor 


1  These  were  the  Commissioners  appointed  by  James  I  on  the 
27th  January  in  the  22nd  year  of  his  reign  for  the  sale  of  leasehold, 
escheat,  and  demesne  lands  in  the  lordship  of  Bromfield  and  Yale,  so 
that  such  lands  might  thenceforth  be  held  in  free  and  common  socage. 
I  believe  there  had  been  an  earlier  grant  of  the  lordships  to  these 
Commissioners. 


The  Broughtons  of  Marchwiel.  JJ 

and  by  the  appoyntment  and  at  the  nomination  of  the  said 
Sir  Thomas  Treuor  and  for  diverse  other  good  canses  and 
valuable  considerations  him  therevnto  espetially  moueinge 
hath  graunted,  assigned  and    set  oner  vnto  the  said  Sir 
Thomas  Treuor  Edward  Harris  and  Richard   Winch  theire 
executors    Administrators  and    assignes    all   the    said    Sir 
Edward  Brourfiton  his  estate  ri^ht  title  interest  terme  of 
yeares  and  clayme  and  demand  whatsoeuer  of  him  the  said 
Sir    Edward  Broughton   of  in   or  to  the    said   p'mises  or 
euy  parte  thereof  wth  the  appurtenennces  as  in  and  by  the 
Indenture  made  betweene  the  said  Sir  Edward  Broughton 
of  the  one  partie  and  the  said  Sir   Thomas   Treuor  knt 
Edward  Harris  and    Richard  Winch  of  the  other  partie 
beareinge  date  the  nynteenth  day  of  June  in  the  eleauenth 
yeare  of  the  Raigne  of  our  Soueraigne  Lord  Charles  by  the 
grace  of  god  of  England   Seotland  ffraunce  and    Ireland 
ìnnge  defender  of  the  faith  etc  may  more  playnely  appeare 
And  wheeeas  Sir  William  Russell  of   London   knt   and 
Barronett  William  Collins  and  Edward  ffenn  of  London 
gent.  by  theire  Indenture  dated  the  fourth  day  of  Aprill 
Anno  dom  one  thousand  six  hundred  thirtie  three  in  the 
nynth  year  of  the  Raigne  of  our  Soueraigne  Lord  kinge 
Charles    for  the    considerations    therein    mentioned    clid 
bargaine  sell  and  confirme  vnto  Robert  Euans  of  the  parish 
of  Sct  Martins  in  the  fìelds  in  the  County  of  Middlsex  esq 
his  Heires  and  assignes,  amongst  other  things,  the  said 
recited  premises  as  fully  freely  and  wholy  in  as  Large  and 
ample  manner  and  forme  as  by  our  Soueraigne  Lord  kinge 
Charles  by  His  Highnes  his  letters  pattents  sealed  as  well 
by  the  greate  seale  of  England  as  wth  the   seale   of  the 
dutchy  and  county  pallatyne  of  Lancaster  beareing  date 
the  eighth  day  of  December  in  the  seauenth  yeare  of  his 
Mats    Raigne,   the  said  p'mises    wth    the    appurtenaunces 
(amongst  other  things)  weare  graunted  to  the  said  William 
Collins  and  Edward  ffenn  theire  Heires  and  assignes  for 
eur  in  fee  farme  And  in  as  ample  manner  and  forme  as 
the  Right  hoble  Thomas  Vicecount  Sauage  Chauncellor  to 
the  Queene  Matie  ffrauncis  Lord  Cottington  Chauncellor 
of  his  Maties  Exchequer  and  one  of  his  Maties  most  hoble 
priuie  Councell  Sir  ffrauncis  Crane  knt  Chauncellor  of  the 
most  noble  order  of  the  garter,   Sir  Thomas  Treuor    knt 
one  of  the  Barrons  of  his  Mats  said  Exchequer  Sir  Walter 
Pye  knt  his  Maties  Atturney  of   his  Highnes   Courte  of 
Wards  and  Liueries  and  Sir  John  Banks  knt  then  Atturney 


78  The  Broughtons  of  MarchwieL 

generall  to  the  most  excellent  Prince  Charles,  by  Indenture 
vnder  theire  hands  and  seales  beareinge  clate  the  seauententh 
day  of  January  then  last  past  and  enrowled  in  the  Chan- 
cery  and  for  the  Considerations  therein  mentioned  haue 
graunted  bargained  sould  and  confìrmed  the  same  p'emises 
(amongst  other  things)  vnto  the  said  William  Collins  and 
Edward  ffemi  theire  Heires  and  assignes  And  whereas 
the  said  Robert  Euans  by  his  Indenture  beareinge  date 
the  second  day  of  December  in  the  said  nynth  yeare  of  his 
said  MatsRaigne  for  the  considerations  therein  mentioned 
at  the  nomination  and  appoyntmr  of  the  said  Sir  Edward 
Broughton  and  in  trust  for  him  hath  graunted  bargained 
sould  and  confirmed  vnto  Charles  Deodate  and  John 
Deodate  sonns  of  Theodore  Deodate  of  London  Docto1'  of 
Phisick  their  Heires  and  assignes  all  and  singular  the 
said  prmises  as  by  the  said  Indenture  more  at  large  ap- 
peareth.  Anü  lastly  whereas  the  said  Sir  Edward 
Broughton  Charles  Deodate  and  John  Deodate  sonns  of 
Theodore  Deodate  of  London,  Doctor  of  Phisick  by  theire 
Indenture  bearinge  date  the  twentieth  day  of  June  in  the 
said  eleauenth  yeare  of  kinge  Charles  for  and  in  considera- 
tion  of  the  some  of  two  hundred  pounds  of  good  and  lawf  ull 
money  of  England  to  the  said  Sir  Edwarcí  Broughton  by 
the  said  Sir  Thomas  Treuor  in  hand  payd  by  the  nomina- 
tion  and  appoyntmt  of  the  said  Sir  Thomas  Treuor  and  in 
trust  for  him  and  his  Heires  hauve  graunted  bargained 
sould  enfeoffed  and  confìrmed  vnto  Richard  Prytherch1 
Sir  Thomas  Treuo1  Baronett  sonne  and  heire  of  the  said 
Sir  Thomas  Treuor  by  the  name  of  Thomas  Treuor  esq 
and  Bichard  Dauies  vintener2  and  their  heires  and  assignes 
the  recited  p'mises  and  euery  parte  and  parcell  of  them 
wth  the  appurtenennces  in  wch  said  Deed  there  is  this 
prouiso  that  if  the  said  Sir  Edward  Broughton  Charles 
Deodate  and  John  Deodate  theire  Heires  and  assignes  or 
any  of  them  doe  pay  or  cause  to  be  payd  vnto  the  said  Sir 

1  Richard  Prytherch.  Mr.  Hughes,  of  Kinmel,  tells  me  he  was 
son  of  Rhydderch  ap  Richard  of  Myfyrian,  co.  Anglesey.  He  entered 
Inner  Temple  2  Dec.  1596,  became  barrister-at-law  10  Feb.  1615, 
Puisne  Judge  of  Chester,  1636,  and  died  1647.  His  mother  was 
Margaret,  daughter  of  Piers  Puleston,  and  his  wife  Martha,  daughter 
of  Godfrey  Goodman. 

2  Richard  Davies  of  London,  vintner,  was  also  owner  of  the 
Erddig  House  estate,  county  Denbigh,  which  he  afterwards  sold  to 
John  Edisbury,  esq.    Erddig  is  a  township  adjoining  that  of  Marchwiel, 


The  Broughtons  of  Marchwiel.  jç 

Thomas  Treuor  his  executors  adrninistrors  or  assignes  the 
whole  and  entire  some  of  two  hundred  and  fifteene  pounds 
of  lawfull  Money  of  England  at  or  vpon  the  twentie 
fourth  day  of  June  wch  shall  be  in  the  yeare  one  thousand 
six  hundred  thirtie  six  at  the  now  dwellinge  House  of  the 
said  Sir  Thomas  Treuo1'  in  or  neere  Dorset  Courte  als 
Sallisbury  Courte  London  that  then  and  from  henceforth 
this  p'sent  Indenture  and  allsoe  an  assignment  of  a  Lease 
and  terme  of  the  p'mises  bearinge  date  the  nynteenth  of 
this  Instant  June  shalbe  voyd  and  of  non  effect  as  by  the 
said  Indenture  may  more  fully  appeare  wch  said  Money  was 
not  paid  accordinge  to  the  said  Condition  and  therefore 
Know  yee  that  I  the  said  Sir  Edward  Broughton  of  eightie 
pounds  interest  Money  due  to  the  said  Sir  Thomas  Treuo1' 
knt  as  allsoe  in  consideration  of  the  some  of  one  hundred 
pounds  of  lawfull  money  of  England  to  me  the  said  Sir 
Edward  Broughton  in  hand  well  and  truely  payd  before 
the  enseallinge  and  deliuery  by  the  said  Sir  Thomas 
Treuor  the  Receipt  whereof  I  the  said  Sir  Edward 
Broughton  doe  heareby  acknowledge  and  confesse  and 
thereof  and  of  eu'y  parte  and  parcell  thereof  doe  fully  and 
absolutely  exonerate  acquit  release  and  discharge  the  said 
Sir  Thomas  Treuor  his  heires  executors  and  administrators 
and  euery  of  them  for  euer  by  these  presents  haue  remised 
released  acquitted  confìrmed  and  for  me  my  heires 
executors  and  administrators  for  euer  quit  claymed  and  by 
these  presents  doe  acquit  release  remise  confirme  for  me 
my  heires  executols  and  administrators  quit  claymed  vnto 
the  said  Sir  Thomas  Treuo1'  Sonne  and  heire  of  the  said 
Sir  Thomas  Treuo1'  Richard  Prytherch  and  Richard  Dauies 
and  their  heires  all  my  right  title  interest  condition  of 
redemption  clayme  propertie  challenge  and  demaund  what- 
soeu1'  wch  I  no w  haue  or  at  any  tyme  hereafter  may  haue 
clayme  challenge  or  demaund  to  haue  of  and  to  the  said 
parcell  of  Lands  meadows  and  pasture  wth  the  appurten- 
ennces  or  any  parte  or  parcell  thereof  by  virtue  of  the  said 
condition  or  any  other  way  whatsoeur  To  have  and  to 
hould  all  my  said  right  title  interest  clayme  and  demaund 
whatsoeu1-  of  in  and  to  the  said  premises  or  any  parte 
thereof  wth  the  appurtenennces  vnto  the  said  Sir  Thomas 
Treuor  sonne  and  heir  of  the  said  Sir  Thomas  Richard 
Prytherch  and  Bichard  Dauies  theire  heires  and  assignes 
to  the  only  proper  benyfit  vse  and  beehoofs  of  them  the 
said  Sir  Thomas  Treuor  Richard  Prytherch  and  Richard 


80  The  Broughtons  of  Marchwiel. 

Dauies  foreuer  soe  as  neyther  I  the  said  Sir  Edward 
Broughton"  nor  my  heires  executors  nor  administrors  nor 
any  of  vs  shall  or  may  at  any  tyme  heareafter  clayrne 
challenge  or  demaund  the  said  premises  or  any  parte 
thereof  or  any  benyfìt  of  or  out  of  the  same  but  that  wee 
and  eu'y  of  vs  be  in  that  respect  wholy  and  absolutely 
excluded  and  debarred  foreu'  by  these  presents,  And  I  the 
said  Sir  Edward  Broughton  and  my  heires  all  the  said 
Lands  and  premises  and  eu'y  pte  thereof  w,h  theire  ap- 
purtenennces  vnto  the  said  Sir  Thouias  Treuo1"  Richard 
Prytherch  and  Rictard  Dauies  and  their  heires  and 
assignes  to  the  only  proper  vse  and  beehoofe  of  them  the 
said  Sir  Thomas  Treuo1  Richard  Prytherch  and  Bichard 
Dauies  and  their  heires  foreu'  against  me  and  my  heires 
executors  administrors  and  assignes  and  against  all  other 
person  or  persons  Lawfully  clayming-e  the  premises  or 
any  parte  thereof  by  f rom  or  vnder  me  the  said  Sir  Edward 
Broughton  shall  and  will  warrant  and  foreuer  defend  by 
these  presents  In  Witnes  whereof  I  the  said  Sir  Edward 
Broughton  haue  hearevnto  put  my  hand  and  seale  the 
fiefteenth  day  of  July  in  the  yeare  of  the  Raigne  of  our 
Sovieraigne  Lord  kinge  Charles  of  England  Scotland 
ffraunce  and  Ireland  defender  of  the  faith  etc  the  three 
and  twentieth  Ann  dom  1647. 


Jz>  r  ô  (JUoyn/^er^ 


Seal    indistinct,    hut  apparently  a  lion  statant  gardant. 

Sealed  and  deliuered  in  the  pr'sence  of 

J.  Edisburt 
Geo.  Dalton 
William  ap  Bobeet  [mark]. 


The  Broughtons  of  Marchwiel.  S  i 

APPENDIX  V. 


Abstract  op  the  Will  of  Mary,  Ladt  Broughton  (20th 

January  1680-1). 

I  Dame  Mary  Broughton  of  Marchweil  als  Conqueress 
Hall  in  the  County  of  Denbigh  widow  being  of  good  and 
perfect  health  and  sound  memory  do  make  ordain  publish 
and  declare  this  writing  "  writt  by  my  owne  hands  "  to  be 
my  last  Will  and  Testament  revoking  and  making  void  all 
and  every  Will  and  Wills  by  me  formerly  made. 

As  to  my  body  I  leave  it  to  be  disposed  of  according 
to  the  discretion  of  my  executors  to  be  decently  buried  ; 
as  to  my  "  temporall  estate "  first  I  bequeath  unto  my 
son  Edward  Broughton  my  house  and  tenement  with  the 
appurtenances  lying  and  being  in  the  market  place  in  the 
Town  of  Kingston-upon-Thames  in  the  County  of  Surry 
now  or  late  in  the  tenure  or  occupation  of  Robert  Punter 
or  his  assignes  with  "  all  wayes,  watercourses,  stables, 
gardens,  orchards,  stalls,  or  standings  in  the  market  place", 
also  I  bequeath  unto  my  said  son  Edward  Broughton  my 
house  and  tenement  with  the  appurtenances  lying  and 
being  between  the  Gatehouse  at  Westminster  and  the 
Convict  Prison  of  the  Right  Reverend  Father  in  God.  .  .  . 
Lord  Bishop  of  London  on  the  East,  now  or  late  in  the 
occupation  of  John  Hamden,  gent.,  with  all  stables,  coach- 
houses,  outhouses,  barns,  gardens,  yards,  orchards,  and 
appurtenances  to  the  said  house,  messuage,  or  tenement 
belonging.  I  also  bequeath  to  my  said  son  Edward 
Broughton  my  right,  title  and  interest  of  and  in  the  prison 
or  "  Goale  "  called  the  Gatehouse  Westminster  with  all 
rooms  comodities  and  necessaries  with  all  appurtenances 
to  the  said  Prison  house  or  Goale  belonging  or  with  the 
same  used  or  occupied.  I  also  bequeath  unto  my  said  son 
Edward  Broughton  all  my  right  title  and  interest  in  the 
convict  prison  in  Westminster  together  with  the  Mansion 
House  and  Messuage  now  erected  and  built  upon  the  said 
prison  wherein  the  Countess  of  Tirconnell  now  dwellith, 
lying  and  being  at  the  West  end  of  Westminster  "  Abby", 
with  all  stables,  coach-houses,  outhouses,  barns,  gardens, 
orchards,  and  all  appurtenances  to  the  same  belonging.  I 
bequeath  unto  my  said  son  Edward  Broughton  all  my  other 
right  title  and  mterest  of  and  in  all  my  estate  personal  & 


82  The  Broughtons  of  Marchwiel. 

real  in  the  county  of  Middlesex,  City  o£  Westminster  and 
County  of  Surry,  I  having  purchased  the  same  with  "  my 
own  reall  money  or  porcon  or  patrimoniall  estate"  upon 
condition  and  it  is  my  true  nieaning  that  the  said  Edward 
Broughton  shall  pay  unto  my  two  other  sons  Edward  and 
Aquila  Wyke  fourscore  pounds  yearly  during  their  natural 
liyes,  that  is  to  say  £40  a  year  each  son  to  be  paid  quar- 
terly  by  equal  portions.  If  my  said  son  Edward  Broughton 
neglect  or  refuse  to  pay  unto  my  said  two  "undutifull 
sonnes "  Edward  Wyke  and  Aquila  Wyke  their  said 
annuity  of  £40  a  year  in  manner  aforesaid  or  within  40 
days  after  each  quarter  day  if  lawfully  demanded  of  the 
said  Edward  Broughton  at  his  Mansion  House  at  March- 
weil  als  Conqueress  Hall,  then  my  said  devise  of  the 
premises  in  the  said  County  of  Middlesex  and  City  of 
Westminster  to  be  void  and  the  said  houses  to  go  to  my 
other  two  sons  Edward  and  Aquila  Wyke  to  be  equaily 
dÌTÌded  between  them  share  and  share  alike.  I  give  and 
bequeath  unto  nry  son  Edward  Broughton  and  his  heirs 
lawfully  begotten  "  All  that  my  Capitall  Messuage  called 
Marchweil  alias  Conqueress  Hall  "  with  the  barns,  stables, 
outhouses,  edifices,  buildings,  gardens,  orchards  and  de- 
measnes  lands  thereunto  belonging  with  theirappurtenances 
in  the  saicl  parish  of  Marchweil  in  the  County  of  Denbigh 
and  all  other  my  Messuages,  demesnes,  Lands,  tenements 
and  hereditaments  lying  and  being  in  the  several  parishes 
of  Marchweil,  Wrexham,  Holt,  and  Shocklyche,  or  any  or 
either  of  them,  or  elsewhere,  in  the  counties  of  Denbigh, 
Flint,  and  Chester,  and  for  want  of  such  issue  of  my  son 
Edward  Broughton,  then  I  bequeath  the  said  Messuages, 
lands,  and  premises  unto  my  second  son  Aquila  Wyke  and 
his  lawful  heirs,  and  for  want  of  such  issue,  then  to  my 
eldest  son  Edward  Wyke  and  his  lawful  heirs  and  for  want 
of  such  issue  to  my  own  right  heirs  for  ever.  Provided 
always  that  the  said  Messuages  etc  devised  to  my  said 
three  sons  and  their  heirs  "  in  taile "  shall  stand  charged 
and  be  chargeable  with  the  several  Legacies  and  bequests 
hereafter  mentioned  and  shall  be  paid  to  the  said  Legatees 
within  the  space  of  one  year  after  my  decease.  I  bequeath 
unto  "  my  unfortunate  undutif ull  daughter  Mary  Decombe 
daughter  of  my  first  husband  Aquila  Wyke  deceased,  she 
having  formerly  imbeazled  much  of  my  estate,  £50  ".  To 
my  waiting  woman,  £10.  To  every  servant  that  shall 
serve  me  at  the  time  of  my  death  40s.  a  piece.     To  the 


The  Broughtons  of  Marchiüiel.  83 

poor  of  the  parish  where  I  am  buried,  c€10.  To  the 
preacher  of  mj  funeral  serinon,  £10.  To  my  friend  Mr. 
Roger  Jacfcson  £100  to  whose  care  I  leave  the  management 
of  my  estate  for  the  benefit  of  my  children.  I  bequeath 
to  my  son  Edward  Broughton  all  the  residue  of  my  goods, 
chattels,  leases,  bonds  and  all  other  my  personal  estate 
whatsoever,  he  paying  my  debts,  and  satisfying  my 
Legacies.  I  appoint  my  said  son  Edward  Bröughton  and 
my  said  loving  friend  Roger  Jackson  my  sole  executors. 

Mary  Brottghton. 
Witnesses — 

Thomas  Crue 

John  Bichardson 

Daniell  Browne. 

Proved  21st  March  1694-5. 


APPENDIX  VI. 


The  Daceombes   (see  p.  62). 

There  were  Dackombes,  or  Dycombes,  of  Wrexham, 
and  I  copy  from  the  Wrexham  registers  the  following 
notes  concerning  them  : — 

24  Sept.  1713,  Edward,  son  of  John  Dacomb,  gent.,  w[rexham]  a[bbot] 

born  19th,  bapt.  24. 
17  Nov.  1714,  Ratherine,  wife  of  John  Daxton  [Dacomb  ?]  Gent,  of 

Pen  y  brinn  was  buryed. 
13  Sept.  1715,  Edward,  son  of  Mr.  John  Dycomb,  of  w.a.,  was  buryed. 
6  Apr.  1716,  Mary,  da.  of  Jo.  Dicomb,  of  w.a.,  born  ye  3rd,  bapt. 
20  Sept.  1717,  Robt.,  son  of  Mr.  Robert  Dacomb,  of  w.  a.  .  .  .  bapt. 

It  is  obvious  that  Mr.  John  Dackombe  married  again, 
and  as  his  daughter  by  his  second  wife  was  named  "  Mary" 
it  might  be  surmized  that  he  it  was  who  married  Mary 
Wyke.  But  the  dates  are  against  this  supposition,  for 
Mary  Wyke  was  already  Mrs.  Dackombe  in  1681.  Still  it 
is  not  at  all  unlikely  that  she  was  the  mother,  or,  at  any 
rate,  somehow  connected  with  the  Dackombes  mentioned 
above,  who  lived  in  the  lower  part  of  Pen  y  bryn,  now 
called  "  Bridge  Street ",  at  the  house  next  but  one  to  The 
Horns.  It  may  be  added  that  in  1843  and  again  in  1857 
Daniel  Dackombe,  esq.,  was  owner  of  Pumrhyd  Mill  in 
Abenbury,  part  of  the  old  Marchwiel  Hall  estate.     This 

g2 


84  The  Broughtons  of  Marchwiel. 

is  curious,  but  I  aru  certain  that  he  didnotinherit  it  either 
from  the  Broughtons,  Wykes,  or  Browns  of  March/wiel. 

[Since  writing  the  foregoing  I  have  discovered  that  a 
John  Duckome  and  Margt.  Davies,both  of  Wrexham  Parish, 
were  married  at  Gresford,  21  Feb.  1710-1.  I  have  learned 
also  from  Mr.  Edward  Owen,  of  the  India  Office,  that  "  Sir 
John  Daccombe,  knt.,"  was  one  of  six  Commissioners  to 
whom  James  I,  on  the  10  Jany.,  in  the  fourteenth  year  of 
his  reign,  granted  the  Lordship  of  Dyffryn  Clwyd  for  99 
years.  He  was  probably  Sir  John  Daccombe  of  Stapleton, 
Dorset,  Chancellor  of  the  Duchy  of  Lancaster,  knighted  in 
1616.] 

I  have  had  copied  the  pedigrees  of  Dackombe  of  Corfe, 
of  Stepleton,  and  of  Winterborne  Kingston,  in  Hutchins' 
History  of  Dorset,  but  in  no  one  of  them  does  the  name  of 
Wyke  occur,  nor  any  name  which  can  be  identified  with 
that  of  the  Daccombes  or  Dycombs  of  Wrexham. 

Mr.  Hughes,  of  Kinmel,  has,  however,  given  me  a  real 
clue  to  the  Dackombes,  who  were  related  to  the  Wykes, 
which  unfortunately  1  cannot  now  follow  up  or  disentangle. 
He  writes  : — "  In  Manning  and  Bray's  History  of  Surrey, 
voì.  ii,  630,  I  find  that  John  Knightley  [and  be  it  remem- 
bered  that  Mary  Lady  Broughton,  was  a  Knightley  of 
Kingston]  of  Little  Ashted  or  Priors  Farm  in  that  county, 
in  1713  suffered  a  Recovery  of  the  said  manor  farm,  the 
Whitehouse,  the  old  Courthouse,  and  the  Quakers'  Meeting 
House  in  Hingston,  and  sold  it  to  Aquila  Wyke,  who 
settled  it  on  his  daughter's  marriage  with  Charles  Browne 
of  Marchwiel.  She  ob.  s.  p.,  and  it  descended  to  Aquila 
Dackambe  as  heir-at-law,  andheowned  it  in  1809."  Now 
Charles  Browne,  of  Marchwiel,  did  not  marry  Aquila 
Wyke's  daughter.  He  married  his  cousin,  Anne  Rockwood, 
whose  mother,  Mary,  was  daughter  of  Edward  Wyke, 
elder  brother  of  the  Aquila  Wyke  who  died  in  1 703,  and 
father  of  the  Aquila  Wyke  who  died  in  1772,  both  dying 
without  issue.  There  is  thus  a  mistake  in  Bray's  History 
of  Surrey,  but  it  evidently  reveals  some  connection  between 
the  Knightleys,  Wykes,  and  Dackambes,  which  requires 
further  elucidation. — A.  N.  P. 

Mr.  Hughes  continues : — "  In  the  Heraldic  Visitation 
of  Surrey,  in  ]  632,  the  following  coat  of  arms  is  recorded 
to  John  Knightley,  of  Kingston — Quarterly,  1  and  4 
ermine,  2  and  3  paly  of  six  or  and  gules,  over  all  on  a  bend 
azure,  a  tilting  spear   or  headed  argent.     The  foundation 


The  Broughtons  of  Marchwiel.  8$ 

of  this  is  the  Fawsley  coat  differenced  by  the  bend. 
Possibly  they  were  an  illegitimate  branch.  Jolin  Knightley, 
who  sold  to  Aquila  Wyke,  was  the  son  of  Robert  Knio-htley, 
by  Ann,  dau.  of  Sir  John  Cha^^man,  who  was  son  and  heir 
of  Sir  E-obert  Knightley,  kt.,  whopurchased  Little  Ashted 
in  1671,  from  Leonard  Wessell,  his  Trustee.  The  only 
mention  I  fínd  of  William  Knio-htley  is  that  in  1647  his 
daughter,  Sarah,  married  Richard  Cowper,  of  Temple 
Elephant  in  Capel,  co.  Surrey,  and  d.  'ò  Nov.  1662.  She, 
of  course,  was  sister  to  Mary,  Lady  Broug-hton." 


(Píía  ^ancít  (Ke6tc, 


BY 


THE    BEV.    8.    BABING-GOULD. 


There  are  extant  two  lives  of  S.  Cybi  or  Cuby,  both  in 
Latin,  and  both  in  the  same  MS.  Collection  (Cotton  Lib. 
Vesp.  A.  xiv)  in  the  British  Museuni ;  both  are  apparently 
indepenclent  translations  from  one  Welsh  original.  The 
first  has  been  published  by  Rees  in  his  Lẁes  of  the  Cambro- 
British  Saints,  Llandovery,  1853. 

The  MS.  belongs  to  the  13th  century.  It  contains  a 
calendar,  and  lives  of  S.  Gundleus,  S.  Cadoc,  S.  Iltut,  S. 
Teliau,  two  of  S.  Dubricius,  S.  David,  S.  Bernac,  S. 
Paternus,  S.  Cledauc,  two  of  S.  Kebi,  S.  Tatheus,  S. 
Carantoc,  and  S.  Aed. 

The  author  of  the  Latin  life  of  S.  Gundleus  seenis  to 
itnply  that  he  derived  his  narrative  froni  a  Welsh  poem 
on  the  life  of  the  saint,  for  he  records  the  circumstances 
of  the  composition  of  this  bardic  effusion.  And  that  the 
two  lives  of  S.  Cybi  are  taken  from  a  Welsh  original 
hardly  adraits  of  a  doubt,  for  both  narrate  the  same  cir- 
cumstances  in  the  same  order,  and  only  differ  in  the 
rendering-  into  Latin. 

Solomon,  the  father  of  S.  Cybi,  was  princeps  milititf, 
i.e.,  Gwledig,  or  chief  military  otììcer,  also  called  Bux  of 
the  British,  and  a  local  Cornish  king. 

The  Lives  give  his  pedigree  differently  from  the  Welsh 
genealog-ies.     Solomon,  according-  to  the  latter,  was  "  ap 


Vita  Sancti  Kebie.  Sy 

Gereint  ap  Erbin  ap  Cystennin  Gorneu",  whereas  the 
Lives  make  hini  son  of  Erbin  son  of  Gereint,  whoin  they 
represent  as  son  of  the  fabulous  Lud,  the  builder  of 
London. 

There  were  two  Gereints.  The  second  was  son  of 
Caranog  of  the  race  of  Cadell  Deyrnllug,  and  was  father 
of  S.  Eldad,  Bishop  of  Gloucester,  who  was  killed  by  the 
Saxons;  and  the  Gereint,  who  had  a  church  dedicated  to 
him  in  Hereford,  was  probably  this  latter  Gereint. 

Assuredly  the  Welsh  pedigrees  are  more  likely  to  be 
right  than  the  Lives,  for  they  invariably  call  Gereint  the 
son  of  Erbin,  and  clerive  his  descent  from  Constantine, 
and  there  is  absolutely  no  confirma.tion  of  tlie  statement 
that  Gereint  was  son  of  Lud. 

The  mother  of  Cybi  was  Gwen,  sister  of  Non,  the 
mother  of  S.  David.  "  Ortus  autem  fuit  de  regrione 
Cornubiorum,  inter  duo  flumina,  Tamar  et  Limar " 
(Vrit.  lma).  This  is  the  principality  of  Gallewick,  between 
the  Tamar  and  Lynher,  of  which  Calling'ton  is  the  principal 
town.  There  are,  in  the  district,  no  churches  that  now 
bear  the  names  of  Solomon  and  Gwen  as  founders,  but 
there  are  traces  of  the  presence  of  Non  and  David,  and 
possibly  of  David's  fatherXant,  in  Altarnon,  Landew,  and 
Lansant  (Lezantj.  There  is,  moreover,  a  tradition  of  a 
visit  of  S.  David  to  Cornwall,  mentioned  by  the  poet 
Gwynfardd,  who  says  that  he  received  there  ill-treatnient 
at  the  hands  of  a  woman.1 

S.  Wenn  or  Gwen  has  left  traces  of  herself  in  Morval 
and  S.  Wenn,  and  possibly  Llansalos  may  have  been  a 
foundation  of  S.  Selyf  or  Solomon. 

At  the  age  of  seven  Cybi  went  to  school,  and  lived 
thenceforth,  till  he  was  twenty-seven  years  old^  in  Cornwall. 

'  Myvyrian  Archaiology,  i,  p.  -170. 


88  Vita  Sancti  Kcbie. 

After  that  he  started  on  a  pilgrimage  to  Jerusalein,  ancl 
on  his  way  home  visited  S.  Hilary  at  Poitiers,  who  con- 
secrated  him  bishop.  This  is  an  anachronism,  as  S. 
Hilary  died  in  366,  nor  does  it  help  us  if  we  suppose  that 
a  mistake  has  been  made  between  Hilary  of  Arles  and  his 
namesake  of  Poitiers,  for  the  former  died  in  449.  It  is 
not  possible  to  put  S.  Cybi  so  early,  when  his  grandfather 
Gereint  fell  at  Llongborth  in  522.  In  the  Lives  Elien 
Geimiad,  his  kinsman,  has  been  confused  with  Hilary. 
As  Rees,  in  his  Essay  on  the  Welsh  tëaints,  has  pointed  out, 
Elien  is  very  generally  confounded  with  Hilary,  as 
Geimiad  (the  Pilgrim)  has  been  changed  into  Caimaid 
(bright)  to  correspond  with  the  Latin  Hilarius ;  moreover 
the  name  Hilary  is  rendered  in  Welsh  Elian.1 

The  Lives  assert  that  Cybi  remained  for  fifty  years  on 
the  Continent.  This  is  incredible,  as  shall  be  presently 
shown. 

On  his  return  to  Cornwall,  Cybi  probably  made  his  two 
important  foundations  of  Duloe  and  Tregony.  Duloe  is 
remarkable  as  having  adjoining  it  Morval,  a  foundation  of 
his  mother  S.  Gwen,  and  Pelynt,  one  of  his  aunt  S.  Non. 
Due  North  is  S.  Keyne,  who  was  his  cousin.  If,  as  I 
conjecture,  Lansalos  was  a  foundation  of  S.  Selyf,  then 
his  father  was  not  far  off .  At  Tregony  again,  we  find  in 
close  proximity  his  aunt,  S.  Non,  at  Grampound. 

How  long  Cybi  remained  in  Cornwall  we  do  not  know. 
The  Lives  inform  us  that  the  natives  desired  to  elevate 
him  to  the  throne,  but  that  he  refused  the  honour.  We 
know  so  little  of  the  historj  of  Cornwall  at  this  period 
that  we  can  do  no  more  than  conjecture  that  his  father 
Solomon  was  dead,  and  that  Catau,  the  Duke  Cador  of 
Geoffry  of  Monmouth,  had  succeeded.     Cador  was  in  turn 

1  Rees,  Welsh  Buìnts,  1836,  p.  267. 


Vita  Sancti  Kcbie.  89 

succeecled  by  the  turbulent  Constantine,  who  was  so 
violently  assailed  by  Gildas  in  his  epistle,  circ.  545. 

Inimediately  after  this  abortive  attenipt  to  raise  Cybi 
to  the  throne,  the  saint  left  his  native  land  for  Wales.  It 
is  easy  to  read  between  the  lines  of  the  narrative  and  see 
that  a  disaffected  portion  of  the  Cornish  endeavoured  to 
put  Cybi  at  their  head  against,  probably,  the  violent  Con- 
stantiiie ;  that  this  attempt  failed,  and  that  Cybi  was 
obliged  to  fly  for  his  life. 

He  took  with  him  ten  disciples,  of  whom  four  are 
named  Maeloc,  Llibio,  Peulan,  and  Cyngar.  Cyngar  was, 
in  fact,  his  uncle,  the  famous  founder  of  Congresbury, 
in  Somersetshire,  which  he  had  abandoned  probably 
on  account  of  the  incursions  of  the  Saxons.  Cyngar 
was  now  an  aged  man,  "  Consobrinus  ejus  Kengar  erat 
senex." 

On  leaving  Cornwall,  Cybi  went  to  Morgamvg,  where 
he  was  not  at  fìrst  well  received  by  the  king,  Etelic.  We 
meet  with  this  name  in  the  Liber  Landavensis ;  Etelic  is 
there  represented  as  son  of  Judael,  King  of  Morganwg. 
Finally,  the  King  surrendered  to  Cybi  two  sites  for 
churches,  Llangybi  and  Llandeverguer.  The  former  is  in 
Monmouthshire,  the  latter  site  has  not  been  identified. 

Cybi  does  not  seem  to  have  remained  long  in  Morganwg. 
He  went  to  Porthmawr,  near  St.  David's,  where  he  tarried 
three  days,  and  thence  crossed  into  Ireland,  and  made  no 
delay  till  he  had  reached  the  island  of  Aran  Môr,  where 
he  placed  himself  under  the  direction  of  S.  Enda. 

Enda  had  obtained  a  grant  of  the  ìsland  from  iEngus 
Macîíadf raich,  King  of  Munster,  who  fell  in  battle  in  489, 
and  Enda  can  hardly  have  founded  his  abbey  there  much 
before  486.     He  is  supposed  to  have  died  in  540. 

Cybi  still  had  with  him  his  disciples  ;  and  the  account 
in  the  Lives  is  confirmed  by  what  we  hear  of  S.  Enda,  that 


90  Vita  Sancti  Kebie. 

he  did  have  in  Aran  a  disciple  Libio,  who  is  the  Lebiauc 
or  Llibio  of  the  Vita. 

In  Aran  S.  Cybi  remained  four  years.  There  he  built 
a  church.  His  uncle  Cyngar  was  with  him,  and  was  so 
decrepit  with  age  that  he  could  eat  no  solid  food.  Conse- 
quently  Cybi  bought  a  cow  with  its  calf,  to  supply  milk 
for  the  old  man. 

Melioc  or  Maeloc,  the  disciple  of  Cybi,  cultivated  a 
patch  of  land  near  the  cell  of  another  monk,  named  Fintan 
the  Pinest  (Crubthir-Cruimthir)  Fintan.  This  led  to 
angry  altercation,  as  Fintan  considered  this  to  be  an  en- 
croachment.  S.  Enda  was  called  in  to  inake  peace  between 
them,  but  the  grievance  rankled  in  Fintan's  mmd. 

The  calf,  moreover,  strayed,  and  got  into  the  meadow 
of  Fintan,  whereupon  the  disciples  of  Fintan  impounded 
it ;  and  tied  it  to  a  shrub  (the  Life  says — a  big  tree,  but 
there  are  not  now  and  never  were  trees  in  Arran).  The 
calf  managed  to  tear  up  the  shrub  and  ran  back  to  its 
mother. 

Fintan  was  furious  and  betook  hìmself  to  prayer.  He 
called  on  God  to  drive  or  blot  Cybi  out  of  the  island, 
"  deprecatus  est  Dominum,  ut  f  ugaret  vel  deleret  Sanctum 
Kebium  de  insula  Arun,  quia  Deus  amavit  eum." 

An  angel  was  accordingly  sent  to  Cybi  to  tell  him  to 
go.  Doubtless  the  angel  was  a  peace-loving  monk,  who 
saw  that  there  would  be  incessant  quarrels  so  long  as  these 
two  angry  saints  were  near  each  other  in  a  confined  island. 

Accordingly  Cybi  departed  for  Meath,  and  there  fasted 
forty  days  and  nights  on  one  spot,  so  as  to  secure  it  as  a 
foundation  for  himself  for  ever,  according  to  the  well- 
known  Celtic  custom,  described  by  Bede.  The  place 
Mochop  is  Kilmore  of  S.  Mocop,  near  Artaine.  But 
Fintan  followed  him  there,  and  on  the  pretext  that  the 
land  belonged  to  himself,  drove  Cybi  away. 


Vita  Saucti  Kebie.  91 

The  Cornishman,  along  with  his  disciples,  now  went 
into  Magh  Breagh,  the  great  plain  in  which  is  Kildare, 
but  remained  there  only  seven  days,  as  the  implacable 
Fintan  pursued  him,  stirred  up  the  people  againsthim,  and 
expelled  Cybi  and  all  his  men. 

Cybi  next  betook  himself  to  Vobium  or  Vobyun  by 
the  sea,  a  district  I  cannot  identify  unless  it  were  the 
country  of  the  Hy  Faelain,  Ofaly.  Fintan  once  more 
pursued  him,  and  by  some  means  or  other  was  successful 
in  again  obtaining  his  expulsion.  Cybi  now  solemnly 
cursed  Fintan — "  May  all  thy  churches  be  deserted,  and 
may  never  be  found  three  churches  singing  at  thy  altar 
in  all  Ireland." 

Thereupon  Cybi  and  his  disciples — to  the  number  of 
twelve — entered  a  wickerwork  coracle  and  passed  over  to 
Wales.  On  reaching  the  coast  the  boat  got  among  rocks  off 
the  Carnarvon  shore,  and  was  almost  lost ;  however,  all  on 
board  got  safe  to  land,  and  Cybi  founded  a  church  at  a 
spot  then  called  Cunab,  but  now  Llangybi  near  Pwllheli, 
where,  with  his  staff,  he  elicited  a  spring  that  bears  his 
name  to  this  day. 

Maelgwn,  Kingof  Gwynedd  (d.  547),  washunting,  when 
a  goat  he  pursued  fled  for  refuge  to  S.  Cybi.  The  King 
went  to  the  cell  of  the  Saint,  who  entreated  that  he  might 
be  given  as  much  land  as  the  hound  could  run  the  goat 
round.  "  And  Cybi  let  loose  the  goat,  and  the  hound 
pursued  it  through  all  the  promontory  (i.e.,  Lleyn),  and 
it  returned  again  to  the  cell  of  S.  Cybi." 

Afterwards,  a  rupture  occurred  between  Maelgwn  and 
the  saint.  Maelgwn  was  a  very  immoral  man,  and  what 
especially  gave  offenee  was  that  he  had  been  brought  up 
in  the  ecclesiastical  state,  and  had  deserted  it.  Cybi  got 
the  upper  hand — the  particulars  are  not  recorded — and 
the  King    surrendered   to  him  his  castellum   in  Anglesey, 


92  Vita  Sancti  Kebìe. 

which  thenceforth  bore  the  name  of  Caergybi,  and  thither 
the  Saint  removed  with  his  monastic  family. 

Here  he  again  met  with  Elian  the  Pilgrim,  who  had 
ordained  him,  and  who  had  a  church  at  Llanelian.  Ac- 
cording  to  tradition  they  were  wont  to  walk  along  the 
cliff  to  meet  each  other  at  a  spot  called  Llandyfrydog,  the 
one  f  rom  the  east  the  other  f rom  the  west.  Another  f riend 
with  whom  Cybi  here  associated  was  S.  Seiriol,  of 
Penmon. 

The  legend  tells  how  Cybi  sent  his  disciple  Caffo  to 
fetch  fîre  from  a  smith,  and  the  pupil  returned  bearing 
red  hot  charcoal  in  the  lap  of  his  habit.  After  this  ensued 
a  rupture  between  them,  the  occasion  of  which  is  not  told. 
The  writer  of  the  first  life  merely  records,  out  of  place, 
and  in  a  fragmentary  manner :  "  And  S.  Cybi  said  to  his 
disciple  Caffo,  depart  from  me,  we  two  cannot  get  on  to- 
gether.  And  he  went  to  the  town  called  at  this  day 
Merthir  Caffo,  and  there  the  Rosswr  shepherds  killed 
Caffo.  Therefore  the  blessed  Cybi  cursed  the  shepherds 
of  Rosswr."  This  comes  in  in  the  middle  of  the  story  of 
Cybi  and  Maelgwn,  thus  : — "  Tunc  capra  ad  sancti  Kepii 
casulam,  refugii  causa,  velociter  cucurret ;  et  dixit  sanctus 
Kepius  ad   discipulum    suum   Caffo,    Recede    a   me,   non 

possumus  esse  simul et  invenit  capra  refugium," 

&c.     The  second  Life  omits  the  passage  relative  to  Caffo. 

Now  it  is  very  significant  that  it  was  on  the  meeting 
of  Cybi  with  Maelgwn  that  Cybi  was  obliged  to  dismiss 
Caffo  from  his  attendance,  and  that  shortly  after  some  of 
Maelgwn's  people  should  fall  on  and  kill  Caffo.  When  we 
learn  that  Caffo  was  the  brother  of  Gildas,  the  whole  is 
explained.  Caffo  was  first  cousin  to  Cybi,  and  very  pro- 
bably  the  estrangement  between  Maelgwn  and  the  Saint 
was  due  to  the  publication  of  Gildas's  intemperate  and 
scurrilous  epistle,  in  which  Maelgwn  was  singled  out  for 


Vita  Sancti  Kebie.  93 

invective  of  the  most  insulting  character.  We  can  well 
understand  that  the  King  was  ill  pleased  to  have  the 
cousin  of  his  reviler  settle  on  his  lands,  and  that  he  only 
consented  to  tolerate  his  presence  on  condition  that  he 
should  dismiss  the  brother  of  Gildas.  We  see  also  a  reason 
f or  the  murder  of  Caffo.  The  shepherds  took  up  the  quarrel 
and  slew  Caffo  in  revenge  for  the  abuse  poured  011  their 
King. 

S.  Cybi  died  011  JSÍovember  8,  certainly  after  547,  the 
date  of  Maelgwn's  decease  in  the  Yellow  Plague. 

It  is  not  possible  to  admit  that  the  age  of  the  saint 
was  seventy-two  when  he  returned  from  the  continent  to 
Cornwall,  but  that  may  very  well  have  been  his  age  when 
lie  returned  fìnally  to  Britain,  after  the  four  years  spent 
in  Ireland.  His  uncle  was,  indeed,  still  alive — but  may 
have  been  nearly  ninety.  S.  Enda,  to  whom  he  had  gone 
was  almost  certainly  his  senior,  and  he  died  in  ornear540. 

Of  the  disciples  of  S.  Cybi  we  have  seen  that  Libiauc 
or  Libio  is  known  on  Irish  testimony  to  have  been  in  Aran 
with  S.  Enda.  He  came  to  Wales  with  Cybi  and  founded 
Llanllibio  in  Anglesey.  Paulinus  or  Peulan  was  the  son 
of  Pawl  Hên,  of  Ty  Gwyn,  whose  monumental  inscription 
is  now  in  Dolau-Cothi  House,  Carmarthenshire.  He 
founded  Llanbeulan  in  Anglesey.  Another  disciple, 
Maelauc  or  Maeloc,  was  the  son  of  the  Cornish  G-ereint, 
and  was  Cybi's  first  cousin,  probably  he  was  a  good  deal 
younger  than  his  master,  for  after  having  founded  a 
chapel  at  Llanfadog,  under  the  church  of  his  fellow  pupil 
at  Llanbeulan,  he  left  and  became  a  disciple  of  S.  Cadoc, 
and  finally  settled  at  Llowes  in  Elfael  in  Eadnorshire. 

It  is  not  possible  to  determine  who  was  Cybi's  great 
adversary,  Crubthir  Eintan.  Finnan  or  Fintan  is  a  very 
common  name  among  the  Irish  Saints,  and  of  a  great 
many  of  them  nothing  is    known.     Froin  the  curse  pro- 


94  Vita  Sancti  Kebie. 

nounced  by  Cybi,  which  we  may  suppose  was  held  to  have 
been  accomplished,  Fintan  his  adversary  obtained  no 
extended  cult  in  Ireland.  There  is  indeed  a  Cruimthir 
(Crubthir)  Finnan  marked  in  the  Irish  Martyrologies  on 
February  9,  as  of  Droma  Licci,  in  Leitrim,  but  this  can 
not  be  the  man,  as  according  to  the  Life,  Cruimthir 
Finnan  was  a  person  of  influence  in  Leinster,  and  not  in 
Northern  Connaught.  A  Crubthir  Fintain,  however, 
occurs  in  the  Martyrology  of  Donegal  on  July  13,  of 
Killairthir,  the  site  of  which  has  not  been  satisfactorily 
determined. 

It  is  conceivable  that  the  departure  of  Cybi  from  Aran 
was  due  to  the  death  of  S.  Encla  in  540,  and  this  will  well 
agree  with  the  date  of  his  arrival  in  Wales,  about  542. 

If  we  suppose  that  he  was  then  aged  seventy-two,  then 
he  arrived  in  Ireland  in  538,  sixteen  years  after  the  fall  of 
his  grandfather  in  the  battle  of  Llongborth  (Langport  in 
Somersetshire) .  We  may  conjecture  that  it  was  due  to 
the  defeat  of  the  Britons  in  that  battle,  that  Cyngar 
Gereint's  son  was  obliged  to  escape  from  Congresbury  to 
Cornwall. 

Taking  Cybi  to  have  lived  to  the  age  of  84,  he  would 
have  died  in  554. 

The  Lives  of  S.  Cybi  seem  to  me  to  deserve  more  regard 
than  has  hitherto  been  paid  them,  for  the  statements 
made  in  them  receive  remarkable  corroboration  from 
various  quarters. 

Accorcling  to  both  Lives  Cybi  died  on  November  8. 
His  feast  is,  however,  very  variously  obseiwed.  In  the 
Calendar  prefixed  to  the  Lives,  in  the  same  MS.,  his  day  is 
given  as  November  7.  A  Welsh  MS.  Calendar  of  the 
15th  cent.  in  Jesus  College,  Oxford  (xxii),  gives  Nov.  5, 
so  also  the  Welsh  Calenclar  of  1670,  in  Agoriad  Paradtcs, 
a  Welsh  Calendar  in  the  Iolo  MSS.,  on  Nov.  5.     Ab  Ithel, 


Vita  Sancti  Kcbie. 


95 


in  his,  gives  Nov.  6,  and  a  Welsh  Calendar  copied  by 
W.  ap  W.  in  1591,  in  the  British  Museum  (Add.  MSS. 
14,882),  gives  Nov.  6.  The  parish  feast  at  Tregony  is 
observed  on  October  4.  That,  however,  at  Duloe  is  on 
Noveinber  9. 

It  may  not  be  uninteresting  to  have  the  genealogy  of 
S.  Cuby  or  Cybi  set  forth  as  given  by  the  Welsh  authori- 
ties. 


Gynyi'  of     ==S.  Anne  S.  Gereint=Enid,  daughter  of 


Caer    Gawch 


d.  522 


Ynywl,  Lord  <>f 

Caerleon 


mdde-=S.  Non    S.  Gwen=S.  Selyf  Cado      S.  Cyngar      Cau 

or  Solomon    Duke 


S.  David,       S.  Cybi, 
d.  circ.  562      d.  circ.  554 


Constantine,     S.  Caffo,      S.  Gildas, 
K.  Cornwall       disc.  of      d.  circ.  5ö0 

Cylû. 
d.  circ.  545. 


^afetfBurp's   ©tcítonar^    anò    t$t 
%i\\%&  jètcence, 

By  j.  h.  dayies,  m.a. 


The  following  licence,  granted  by  Henry  the  Eighth  in 
the  thirty-seventh  year  of  his  reign,  to  William  Salesbury, 
is  of  considerable  interest.  It  was  printed  at  the  end  of 
the  Epistles  and  Gospels  published  by  Salesbury  in  1551, 
and  the  present  transcript  is  copied  from  the  Shirburn 
Castle  copy  of  the  book.  It  has  been  suggested  that  this 
licence  referred  to  the  publication  of  the  Welsh  Bible  only, 
but  it  clearly  refers  to  all  books  translated  by  Salesbury 
and  niore  particularly  to  his  Dictionary,  which  was 
published  in  1547.  It  did  not  debar  any  other  person 
from  publishing  a  book  in  the  Welsh  language,  and 
simply  preserved  the  copyright  of  Salesbury's  translations. 
Clearly  the  possibility  of  writing  an  original  work  in  the 
Welsh  language  had  not  at  that  date  occurred  to 
Salesbury,  or  we  may  be  sure  that  his  rights  in  it  would 
have  been  preserved. 


A  Copy  of  the  Kynges  Moste  Geacious  Priuiledge. 

Henry  the  eyght  by  the  grace  of  God  Kyng  of  England 
France  and  Ireìand,  defender  of  the  faith  and  of  the 
churche  of  Englande  and  Irelande  in  eartli  the  supreme 
head.  To  all  Printers  and  bokesellers  and  to  other 
officers  ministers  and  subiectes  Ave  do  you  to  understand 


Salesburŷ  s  Dictionary  anci  the  Kings  L  icense.  9  7 

that  of  our  grace  especial  we  have  graunted  and  geuen 
priuiledge  and  licence  to  our  well  beloved  subiectes 
Williä  Salesbury  and  Jhon  Waley  to  print  or  cause  to  be 
printed  oure  booke  entitled  a  Dictionarie  bothe  in  englyshe 
and  welche  whereby  our  well  beloved  subiectes  in 
Wales  may  the  soner  attajme  and  learne  our  mere 
englyshe  tonge  and  that  no  other  person  or  persons  of 
what  estate  degree  or  condicion  so  euer  they  be  of  do 
prynte  or  cause  the  same  Dictionary  to  be  printed  or  any 
part  thereof  but  only  the  sayd  William  and  Jhon  and 
eyther  of  them  and  the  assignes  of  anye  of  them  duryng 
the  space  of  seuen  yeres  next  ensuing  the  first  printing 
of  the  sayd  Dictionarie  and  that  none  other  person  or 
persons  of  what  estate  degre  or  condicion  soeuer  they  be 
do  printe  or  cause  to  be  printed  any  other  booke  or  bookes 
whych  oure  sayd  subiectes  William  and  Jhon  or  eyther  of 
of  theni  hereafter  do  or  shal  first  translate  and  set  forth 
during  seuen  yeares  next  ensuing  the  fyrst  printing  of  any 
suche  booke  or  bokes.  Wherfore  we  wil  and  straytly 
commaund  and  charge  all  and  syngular  our  subiectes  as 
well  printers  as  bookesellers  and  other  peràons  within  our 
dominions  that  they  ne  any  of  them  presume  to  print  or 
cause  to  be  printed  the  sayde  Dictionary  or  any  part 
thereot  or  anye  other  boke  or  bokes  first  translated  and 
printed  by  the  sayde  Wjdliam  and  John  or  either  of  thë 
contrary  to  the  meanyng  of  thys  our  j^resente  licence  and 
priuiledge  upon  payne  of  our  hygh  displeasure  geuen  at 
our  palace  of  Westminster  the  xiii  day  of  December  in  the 
xxx vii  yere  our  raigne. 


H 


Çjt   TM00   &ou  ^ong  of   t$t 
1 6*0    (Cenfurp, 

By  j.  h.  dayies,  m.a. 


The  little  song  which  follows  appears  to  have  been 
written  about  the  end  of  the  sixteenth  century.  The 
manuscript  froin  which  it  is  taken  was  written  in  1637-8, 
but  the  poetry  immediately  preceding  and  following  the 
song,  was  composed  at  an  earlier  date.  Of  the  author 
nothing  is  known,  as  he  can  hardly  be  the  Llewelyn  ab 
Hwlcyn  of  the  Anglesey  pedigrees  who  lived  about  the 
beginning  of  the  sixteenth  century.  Several  of  the  other 
poems  in  the  manuscript  are  very  similar  to  this  one,  and 
they  were  unquestionably  written  by  Eichard  Hughes,  of 
Cefn  Llanfair  in  Lleyn.  Hughes's  long  poems  have 
recently  been  published  in  book  form. 

Peculiar  interest  attaches  to  this  poein,  as  well  as  to 
those  of  Richard  Hughes,  for  they  repi'esent  an  attempt 
to  import  into  Welsh  poetry  the  style  and  the  delicate 
conceits  of  the  Elizabethan  lyric  wiiters. 

It  is  known  that  Hughes  was  an  official  of  the  English 
Court,  and  Llewelyn  ab  Hwlcyn  must  also  have  been 
acquainted  with  the  works  of  the  contemporary  English 
song-writers. 

Kakol  oi  Gaeiad. 
Myfi  ywr  merthyr  tostur  lef 
Duw  Iesu  or  nef  am  helpio 
Megis  llong  rhwng  ton  a  chraig 
0  gariad  gwraig  rwy  n  kirio. 


A   Welsh  Love  Song  of  the  i6th  Centnry.        99 

Och  trwm  ywr  loes  i  rwyn  i   dclwyn 
Heb  obaith  help  na  swyn 
Onid  Duw  ar  ferch  ai  rhoes. 

Drylliodd  Cariad  glwyde  fais 
Am  seren  gwrtais  amlwg 
Mae  arnaf  glwyfe  mwy  na  mil 
Wrth  graffy  ar  gil  i  golwg. 
Och  trwm  ywr  loes,  &c. 

Kil  i  golwg  fal  dan  haul 
0  gusgod  dwy  aul  feinion 
Yn1  sym  dwyn  ar  llall  im  gwadd 
Ar  ddau  syn  lladd  fynghalon. 
Och  trwm  ywr  loes,  &c. 

Kalon  fyngwir  galon  i 
Oedd  ag  ihi  ymgowdeidio 
Ymgowleidio  hon  ni  chawn 
Pei  cawn  ní  feiddiwn  geisio. 
Och  trwm  ywr  loes,  &c. 

Ag  o  digia  teg  i  ffryd 
Ffarwel  ir  byd  a  ercha 
Ar  y  ddayar  helj)  nid  oes 
Fj  nerth  am  hoes  a  golla. 
Och  trwm  ywr  loes,  &c. 

Ag  o  colla  i  foes  am  hon 
E,wyn  ddigon  bodlon  iddi 
Er  i  glanach  meinir  syth 
Nid  allwn  byth  i  golli. 

Och  trwm  ywr  loes,  &c. 

1  al.  un. 

H  2* 


ioo     A  Welsh  Love  Song  of  the  \6th  Century. 

Kollodd  glendid  yr  holl  fyd 
A  Duw  i  gyd  ni  tyrrodd 
Ag  wrth  lunio  dailiwr  ton 
Yn  wineb  hon  fo  i  gwreiddiodd. 
Och  trwm  ywr  loes,  &c. 

Gwreiddiodd  hithe  dan  fy  niron 
O  gariad,  glwyfon  anial 
Wanach,  wanach   wy  bob  awr 
Drwy  gariad  niawr  a  gofal. 
Och  trwm  ywr  loes,  &c. 

Na  ofelwch  troso  i  mwy 

At  Dduw  ir  wif  i  yn  myned 

Rwy  yn  madde  i  bawb  ond  iddi  hi 

A  ffawb  i  mi  maddeued. 

Och  trwm  ywr  loes,  &c. 

Fy  holl  frins  na  fyddwch  dig 
Fo  am  rhoes  y  meddig  heibio 
Help  nid  oes  na  syt  ym  fyw 
Ffarwel  a  Duw  am  helpio. 
Och  trwm  ywr  loes,  &c. 

Och  trwm  ywr  loes  a  rwy  yn  i  dwyn 

Heb  ym  obaith  help  na  swyn 

Ond  Duw  ne'r  ferch  ai  rhoes 

Mwy  help  i  mi  nid  oes 

Ond  amdo,  clûl  a  gwledd,  elor,  arch  a  bedd, 

A  nawdd  y  gwr  am  rhoes. 

Lln  ab  Hwleyn  o  Fon  ai  cant. 


£0e  <£;cpu£0ton  of  í#e  ©essú 

By  PROFESSOR  KUNO  MEYER,  Ph.D. 


Our  knowledge  of  Irish  history  during  the  early  centuries 
of  our  era  is  fortunately  not  confined  to  the  meagre 
accounts  of  the  Annals.  In  addition  to  them,  and  as 
independent  sources,  we  possess  a  large  niass  of  materials 
in  the  histories  of  individual  tribes,  genealogical  tables, 
chronological  poems,  sagas,  and  saints'  Lives,  all  bearing 
upon  the  early  history  of  Ireland.  These  materials  are, 
of  course,  of  the  most  varied  origin  and  age,  and  will  have 
to  be  carefully  tested  and  sifted.  Not  until  this  has  been 
done  will  the  historian  of  Ireland  have  before  him  all  the 
materials  which  Irish  literature  affords. 

Much  inedited  matter  of  this  kind  is  found  in  the 
Bcdleian  codices  Rawlinson  B.  502  and  512, and  in  Laud  610. 
Among  other  important  texts  I  may  mention  the  piece 
called  Baile  in  Scáil,  or  '  The  Yision  of  the  Phantom,'  which 
enumerates  more  than  fìfty  Irish  kings  from  Conn 
Cétchathach  (a.d.  123-157)  downward  to  the  eleventh 
century,  together  with  the  duration  of  their  reigns,  long 
lists  of  battles  fought  by  them,  the  circumstances  of  their 
deaths,  and  other  details.1  But  it  is  the  tribal  histories 
that  are  perhaps  of  the  greatest  historical  value,  as  they 
certainly  are  of  the  widest  interest.     One  of  these,  dealing 

1  There  is  a  fragment  of  the  same  piece  in  Harleian  5280,  of  which 
I  am  preparing  an  edition  for  publication  in  the  third  number  of  the 
Zeitschrift  fiir  Celt.  Philologie,  vol.  iii. 


J02  The  Expulsion  of  the  Dessi. 

with  what  in  a  term  borrowed  froin  contemporary  historj 
may  be  called  the  trekkings  of  the  tribe  of  the  Déssi ' 
and  originally  written,  as  has  been  shown,2  in  the  latter 
half  of  the  eighth  century,  is  here  edited  and  translated  for 
the  first  time.  Its  special  interest  for  Welsh  students  lies 
in  the  fact  that  it  contains  an  account  of  an  Irish  settle- 
ment  in  Wales  during  the  third  century  (§  11). 

Two  different  versions  of  the  story  have  come  down  to 
us.  The  older,  the  one  here  printed,  which  I  will  call  A, 
has  been  preserved  in  Laud  610,  fo.  996  2 — 102a  2,  and  in 
Eawl.  B.  502,  fo.  72a  2—73a  2.  In  Laud  the  title  is  De 
causis  torche3  na  nDéssi  .  i  .  acuìs  toirge  na  nDésse,  while 
Rawl.  has  the  heading  Tairiredt  na  nDéssi.  As  is  so 
often  the  case  in  dealing  with  Irish  texts,  it  was  difficult 
to  decide  which  of  the  two  copies  to  make  the  staple  of  the 
edition,  as  neither  is  in  every  way  superior  to  the  other, 
and  both  correct  and  supplement  each  other.  The  best 
thing  undoubtedly  would  be  to  do,  as  Stokes  has  done  with 
Félire  Oengusso,  and  Windisch  with  several  pieces  in  the 
Irische  Texte,  to  print  both  copies  in  extenso,  but  this  would 
have  taken  up  too  much  space.  I  have,  therefore,  selected 
the  Rawlinson  text  as  needing,  on  the  whole,  less  cor- 
rection  than  that  of  Laud,  though  the  latter  excels  it  in 
retaining  a  more  archaic  spelling.  As  regards  the  text 
itself,  the  two   copies   are  in  the  main  almost   identical, 

1  The  name  of  this  tribe  is  preserved  by  those  of  the  barony  of 
Dtece,  co.  Meath,  their  original  home,  and  of  the  two  baronies  of 
Decies,  co.  Waterford. 

2  See  Y  Cymmrodor,  vol.  xii,  p.  20. 

3  I  am  not  sure  of  the  exact  meaning  of  torche  {toirge).  It  seems  to 
combine  the  meanings  of  German  Zuy  (1)  expedition,  {2)  band,  com- 
pany. 

4  As  to  tairired  '  journeying,'  cf.  mithid  dam-sa  toirired,  Book 
of  Lismore,  fo.  536  2.  tairired  Bóìnne,  LL.  191«  7.  gen.  fer  tairirid, 
Laws,  i,  p.  194,  20. 


The  Expulsion  of  the  Dessi.  103 

though  the  single  paragraphs  are  differently  arranged. 
The  most  iniportant  variants  of  Laud  are  given  in  the  f  oot- 
notes.  Where  Laud  deviates  from  Eawlinson  I  have 
sometimes  indicated  this  in  the  translation  by  putting  the 
reading  of  Laud  in  parenthesis;  in  a  few  cases  these 
translations  have  been  put  at  the  foot  of  the  page.  Towards 
the  end  of  both  copies  the  scribes  have  become  careless, 
and  each  has  blundered  in  his  own  wa}T. 

The  second  and  later  version  of  our  story,  which  I  will 
call  B,  deserves  a  separate  publication.  So  far  as  I  know, 
it  has  come  down  to  us  in  three  copies.  the  oldest  of  which 
is  a  fragment  contained  in  the  Booh  of  the  Dun,  pp.  53a — 
546.  It  has  the  heading  Tucait  innarba  na  nDési  imMumain 
7  aided  Cormaic.  Its  gaps  can  easily  be  supplied  from  two 
later  copies,one  in  H.3. 17,col.  7206 — 723a  (entitled  Góechad 
Cormaic  i  Temraig),  the  other  in  H.  2.  15,  pp.  67a — 68b 
(Tucaid  chdechta  Cormaic  do  Aengus  Gaibuaibtheach  J 
aigead  Ceallaig  7  fotha  indarbiha  na  nDeissi  do  Muig  Breag) . 
The  latter  MS.  preserves  a  number  of  poeins  not  contained 
in  the  other  copies.  Whether  one  of  the  two  versions,  or 
whicb  of  them,  is  identical  with  the  Tochomlad  na  nDési  a 
Temraig  quoted  in  the  list  of  tales  in  D'Arbois  de  Jubain- 
ville's  Catalogue,  p.  263,  and  with  the  Longes  Eithne 
TJathaige  (ib.,  p.  171),  I  cannot  say. 

K.  M. 


104  The  Expulsion  of  the  Dessi. 

Tairired  na  nDessi  inso  ar  a  choibne  fri  Fotharto  ocus 
batar  trichait  hliadan  la  LaiomW 


1.  Cethri  raaicbatar  laHarttchorb  mac  Meschuirb  .  i  . 
Brecc  7  Oengus  7  Eochuid2  7  Forad.3  Forad  dawo,  mac 
side  citmaile4  7  ni  ragaib  thir,  7  is  he  ba  siniu'  dib.  Nert 
coecat  immurgu  la  Hoengus. 

2.  Bse  da?io  mac  tét  la  rig  Temrach  .  i  .  Conn  mac 
Oorbmaẃ.  Gabais  laim  ingine  Foraid6  .  i  .  Forach  a 
[hjainm  7  fordoscarastar.  Forumai  Oengus  for  a  hiarair 
na  hingine7,  co  luid8  hi  Temraig.  Ni  tharraid  gabail  na 
slabrad  batar  ar  comlaid  na  slige  ;9  ar  ba  hécen  fer  cechtar 
a  da  slabrad  sicle  dogres.10  Conf acca  a  chomalta"  f or  dheis 
rnaic  ind  rig.  '  Ni  maculammar  in  clemnas  nua  sin,'  ar 
Oengus.12  Friscair  mac  ind  rig :  '  Daimthi  dail  cuind 
dam-sa!13  Archena  déma-su  cen  co  dama-su.'  '  Nocon 
fodem  cetumus,"1  ar  Oengus.  Atróeraid  Oengus  [d]in 
tsleig  trüt.15  Bi  da?io  indala  slabrad  suil  ind  rig,  co 
roemaid16  ina  chind.17     Intan  dosreng   in  sleig  adochum, 


Laud  610,  fo.  99  b  2. — l  De  causis  torche  na  nDéisi  innso  .  i  .  acuis 
toirge   na   nDéisi         2  Allmuir    add.  3  Sorad  4  chumle         =  a 

sinser  6  Soraith  7  luidh  Aengus  gaibuaibthech  lád  gaile  for  iarair 
8  conluid  ■'  ni    tarraid   na   slabrada   batar   hi    croumlaib   in   gai 

10  L.  omits  this  sentence.  u  inn  ingin  l2  ni  messe,  ol  se,  conailla 
in  clemnas  n-isiu  13  Atberat  ris :  Daimthi  dál  cuind  do-som  inní  sein. 
14  ni  didam-sa  caimme  lä  atnuarith  side  dintsleig  conluith  triit  .  i  . 
sleg  7  da  slabrad  esti  7  triar  for  cach  slabrad  dib  1G  corobris  17  co 
n-ecmoing  a  hirlond  inn-éton  in  rechtaire  co  mboi  triana  chend  siar. 
Immalle  dorochratar  in  m«c  7  in  rechtairi  7  romebaid  súil  Cormaic  7 
ní  roachtas  greim  fair,  corrócht  a  theg  7  romarb  nonbar  do  churadaib 
Cormaic  occá  thafund  .  i  .  a  dalta  leis  .  i  .  Corc  Duibne  diatát  Corco 
Duibne  7  atrullai  sede  a  giallu. 


The    Expulsion    of  the   Dessi.  105 

These  are  the  Wanderings  of  the  Dessi  (whieh  are 
put  here)  beeause  of  their  kinship  with  the 
Fothairt  \  and  they  were  thirty  years  in 
Leinster. 

1.  Artchorp  son  of  Messchorp  had  four  sons,  to  wit, 
Brecc  and  Oengus  and  Eochuid  and  Forad.2  Forad, 
however,  was  the  son  of  a  bondmaid  and  did  not  get  any 
land,  and  he  was  the  eldest  of  them.  Oengus  had  the 
strength  of  fifty  men. 

2.  Now  the  King  of  Tara3  had  a  wanton  son,  to  wit, 
Conn4  mac  Cormaic,  who  forcibly  seized  the  daughter  of 
Forad — Forach  was  her  name — and  ravished  her.  Then 
Oengus  set  out  in  search  of  the  girl  and  went  to  Tara.  He 
did  not  secure  the  chains  which  were  on  the  .  .  ,D  of  the 
lance ;  for  a  man  was  needed  for  each  of  these  two  chains 
of  his  always.6  He  saw  his  fosterch.il  d  sitting  at  the  right 
hand  of  the  King's  son.  'We  have  not  heard  of  this  new 
alliance,'  said  Oengus.  The  King's  son  answered:  '  Grant 
me  the  respite  of  a  grown-up  person !  In  any  case,  thou 
wilt  have  to  bear  it,  though  thou  do  not  grant  it.'  '  To 
begin  with,  I  will  not  bear  it ! '  said  Oengus  and  ran  the 
lance  through  him.  Then  one  of  the  two  chains  struck  the 
eye  of  the  King,  so  that  it  broke  in  his  head;  and  when  he 

1  An  account  of  the  tribe  of  the  Fothairt  precedes  this  story  in  the 
MS.  2  Sorarì,  Land.  3  i.e.  Cormac  mac  Airt.  *  Ile  is  called  Cellach 
byTigernach  (see  Reo.  Celt.,  xvii;  p.  19.)  5  What  the  comla  ('valve') 
of  a  lance,  to  wbich  the  chains  were  affixeJ  may  be  I  do  not  know  ; 
perhaps  a  ring  that  would  turn  round.  Nor  do  I  understand  the 
croamlaib  of  Laud.  G  i.  e.  these  chains  when  taken  out  would  each 
demand  the  sacrifice  of  a  man.  The  scribe  of  II.  2.  lô  understands 
this  differently  ;  for  he  writes :  triar  fer  cacha  slabraid  ig  a  tarrainy 
1  three  men  were  needed  for  cariying  each  chain.'  This  lance  reminds 
one  of  Maelodran's  lance,  the  Carr  Belaig  Duryin,  which  killed  of  its 
own  accord,  or  when  moved  by  a  demon.     See  Hibernica  Minora,  p.  81. 


ioó  The  Expnlsion  of  the  Dessi. 

rodbi  fochoir  na  sleigi  triasin  deogbaire,  conid  se  conapaid 
prius.  Is  arna  slabradaib  tra  ba  Hoengus  Geebuaibthech  a 
ainm-seom. 

3.  Is  desin  rognid  Ocheill  for  Temraig  sechtair  .  i  . 
clasa  rath  la  Cormac,  conid  inte  nofoihed  som  dogres,  ar 
ni  ba  hada  ri  co  n-anim  do  feis  i  Temraig.  Conid  de 
asberar  Achell  ar  Themair  nó  ar  aicce  Temrach,  daig  na 
faichle  bse  ar  suil  ind  rig.1 

4.  Bebais  mac  ind  rig  7  dobert  Oengus  in  mnai  leis. 

5.  Dobert  Cormac  sluago  forsna  Deisse  7  romebdatar 
secht  catha  forthu  ria  n-Oengus  co  maccaib  a  brathar  .  i  . 
Euss  7  Eogan.2  Ba  rii  Oengus  dar  eisse  mBricc  co  cenn 
.  xl  .  laithi.  Et  balobrathair  cac/i  fer  iarum,  ar  ni 
foerlangtar  nert  ind  flatha  7  ind  laith  gaile  'moalé.  Is 
ann  asbeẃ-som  :  ' Forasselbthai  for  rige.  Is  dech  dam-sa 
mo  nert  fodessin.' 

6.  Tecmall  ri  Temrach  firu  Herenn  f orthu  7  ni  damair 
cert  catha  doib,  co  tarlaicset  a  thir  do.  Dolotar  iarum  co 
Laigwm  co  Fi&chaig  tn-  B&icceda  mac  Catháir,  co  rochart  side 
hú  Bairrche  remib  asa  tir  7  fothaigtir  na  Deisse  ann  co 


1  Ni  deochaid  didîu  Corm«c  hi  Temuir,  conid  i  n-Ochaill 
[fo.  100  a  1]  ar  Themair  robúi  on  uáir  sin.  2  Doratsat  na  Déise 
iarsin  secht  catha  do  Chormac.  Ba  tresiu  fortarlín  fer  nHeirenw 
fadeóid  la  Cormac.  Ba  maith  cid  a  cenel-som  .i.  na  nDéise,  cland 
Fiachach  Soguitte  mr«'c  Feidlimthe  Rectoda  maic  Tuathail 
Techtmair.  Oc  Dumu  Der  'uamurgu,  is  and  celebrait  mna  na  nDéise 
.i.  déra  fola  rotheilcset  ic  scarad  fria  tir  7  fria  talmuin  co  bráth. 
I  mMaig  [nair,  is  and  doratsat  in  cath  déidenach.  '  Is  minair  in 
comrac  indossa,'  ar  Cormac.  '  Bid  ed  a  hainm  co  bráth,  Mag 
Innair.' 


The  Expulsion  of  the  Dessi.  107 

pulled  the  lance  back,  its  butt  end  struck  the  cup-bearer  and 
passed  through  hiin  so  that  he  died  the  first.'1  It  was  from 
the  chains  that  his  name  was  Oengus  of  the  Dread  Lance. 

3.  Hence  Achaill2  was  built  by  the  side  of  Tara,  that 
is  to  say,  a  rath  was  dug  by  Cormac  in  which  he  would 
always  sleep;  for  it  was  not  lawful  for  a  king  with  a 
blemish  to  sleep  in  Tara.  Hence  is  said  Achaill  by  Tara 
(or  near  Tara),  on  account  of  the  care  (faichill)  taken  of 
the  eye  of  the  King. 

4.  The  King's  son  died,  and  Oengus  took  the  woman 
away  with  him. 

5.  Cormac  sent  hosts  against  the  Dessi,  who  were 
routed  in  seven  battles  under  the  leadership  of  Oengus  and 
his  brother's3  sons^  to  wit,  Russ  and  Eogan.  To  the  end  of 
forty  days  Oengus  was  king  after  Brecc,  and  then  every 
man  murmurs,'  for  they  could  not  endure  the  combined 
power  of  the  prince  and  the  champion  together.  It  is 
then  he  said:  'Take  possession  (?)  of  the  kingship  !  My 
own  strength  is  best  for  me.' 

6.  The  King  of  Tara  gathered  the  men  of  Ireland 
against  them,  and  did  not  grant  them  fair  fight,  so  that 
they  left  his  land  to  him.  Then  they  went  into  Leinster 
to  Fiachu  Bacceda,  son  of  Cathair,  who  drove  the  Hui 
Bairrche  for  them  out  of  their  land  ;  and  there  the  Dessi 
were  settled  until  the  time  of  Crimthann,    son  of  Enna 


1  So  that  its  butt-end  struck  the  forehead  of  the  steward  and  came 
out  at  the  baek  of  his  head.  At  the  same  time  did  the  son  and  the 
steward  fall  and  Cormac's  eye  was  broken  ;  and  they  could  not  lay 
hold  of  him,  so  that  he  reached  his  house.  And  he  killed  nine  of 
Cormac's  warriors  as  they  were  pursuing  him,  and  his  fosterson  was 
with  him,  to  wit,  Corc  Duibne  (from  whom  are  the  Corco  Duibne),  who 
had  escaped  from  hostageship — Laud.  2  Now  the  Hill  of  Skreen. 

3  i.e.   Brecc.         4  For  balobrathair  read  folabrathair,  3rd  sing.  pres. 
ind.  of  folabrur. 


108  The  Expulsion  of  the  Dessi. 

haimsir  Crimthaind  niaic  Enna3  Cemselaig  maic  Labrada 
maic  Bresail  Belaig  maic  Fiachae/i  'Baicceda.1 

7.  Dorala  lsech2  amra  la  hu3  Bairrchi  .  i  .  Eochu 
Guinech  mac  Oengusa,  co  rosglan  side  dia  thir.4  Berthms 
Crim.ih.and  mac  Ennse  i  n-Aird  Ladrann  fodes5  immirge  na 
n-Deisse,  conid  de  ata  Tir  na  Himmergi  7  Aes  na  Him- 
mergi  o  shein  ille. 


8.  Mell  ingen  Ernbraind  ben  Crimthaind  bert  ìnacco 
do  Chrimthund  7  atbath  Mell  iar  suidiu.  Ocus  dobreth 
Cuiniu  ingen  Ernbraind  do  iarum.6  Berí  Cuiniu  ingin  do 
.  i  .  Eithne  Uathac/i.  Bse  Bri  mac  Bairceda  in  drui  isin 
dun  in  n-aidchi7  rogenair  Eithne.  [fo.  72b,  1]  '  Ind  ingen 
rogenair8  innocht,'  ar  Bri,  '  rosfessatar"  fìr  Herenn  uili10  7 
ardaig  na  hingine  sin  gebait  a  mathre  in  tir  artrefat.11 
Amail  atchualatar12  som  coir  in  sceoil  sin  lasin  druid,"  co 
mbad  tria  chumachtu  na  hingine  nogebtais  forbba?,14  ros- 
altatar15  for  carnaib16  mac  mbec  co  mbad  luath  no-assad.17 
Is  de  ba  Heithne  Uathach  a  hainm-se,  ardaig  nos-aigtis  in 
meicc  bicc.18 


1  Rodlomtha  trá  co  mbatar  occ  Hard  na  nDéise  hi  crích  Laiahen 
for  Mag  Liffe.  Fiacho  Baicceda  immurgu  mac  Cathair  Moir,  is  hé 
ba  rígh  in  inbaid  sin  hil-Laignib.  Cart  side  Au  Barrche  rempu  assa 
tír  7  suidigestar  na  Déisse  and.  Rothrebsat  and  co  haimsir  Crimthaiw 
mic  Censelaig  mî'c  Endai  Labrada  mic  Bresail  Belaig  mic  Fiachach 
Bacceda.  Is  'na  haimsir-side  tollotar  na  Deisse  for  longais.  2  Robúi 
óclách  3  d'uib  4  tír     (sic    leg.)  5  berthus     Crimthan    m«c 

Censelaich  issind  Aird  fodeissin.  G  Bert  Meld  ingen  Ernbuirnd 
maccu  do-side.  0  rodamuir  side  dobreth  Annu  ingen  Er[n]bruind 
dobert  side  óenmgen  fsicj  do  .  i  .  Ethne  a  hainm  "  Búi 
Brí    faith   mt'c   Bairchetia   isin   dún    ind   adaich    sin  a  gignathar 

9  rofessatar  l0  om.  L.  u  Is  tria  chumachta  gebaid  am-mathre 
thír    arattrefat    co    bráth  12  rochualatar  13  fáith  14  tír 

1 '  nosgabatsom  7  nosnaltatar  ie  feolaib  17  luathite  a  forbairt 

ÌH  ar  donaigtis  na  maic  becca. 


Tke  Expulsion  of  the  Dessi.  109 

Censelach,  son  of  Labraid,  son  of  Bressal  Belach,  son  of 
Fiachu  Bacceda. 

7.  There  chanced  to  be  a  fanious  warrior  with  the  Hui 
Bairrchi,  to  wit,  Eochu  Guinech,  son  of  Oengus,1  and  he  it 
was  who  drove  them  out  of  their  land.  Then  Crimthann, 
son  of  Enna,  sent  the  wandering  host  of  the  Dessi  to  Ard 
Ladrann  southward,  whence  the  Land  of  the  Wandering 
Host  and  the  Folk  of  the  Wandering  Host  have  been  so 
called  ever  since. 

8.  Meld,  the  daughter  of  Ernbrand,  the  wife  of 
Crimthand,  bore  sons  to  Crinithand  and  then  died,  where- 
upon  Cuiniu,  the  daughter  of  Ernbrand,  was  married  to 
him. 

Cuiniu  bore  him  a  daughter,  even  Ethne  the  Dread. 
In  the  night  when  Ethne  was  born  Bri,  the  druid,  son  of 
Bairchid,"  was  in  the  stronghold.  '  The  maiden  that  has 
been  born  to-night,'  said  Bri,  'all  the  men  of  Ireland 
shall  know  her,  and  011  account  of  this  maiden  her  mother's 
kindred  will  seize  the  land  011  which  they  shall  dwell.' 
When  they  heard  the  truth  of  that  story  from  the  druid, 
that  it  was  through  the  power  of  the  maiden  that  they 
would  obtain  inlieritance,  thev  reared  her  on  the  flesh  of 
little  boys  that  she  might  grow  quickly.3  Hence  Ethne 
the  Dread  was  her  name,  for  the  little  boys  dreaded  her. 


1  Cf.    Crimthand   mac    Enme.     Eocho   guinech   rí  háa  mBarrchi, 
mac  a  mgini  féin,  rosmarb,  LL.  39  b. 

-  Cf.  Brí  mac  Baircheda,  LL.  197  a  3. 

3  the  quicker. — Laad. 


i  io  The  Expulsion  of  the  Dessi. 

9.  Is  e  a  senathair  in  druad  sin  dawo  rochachain1  a 
n-imthechta  doib  hic  tuidecht  atuaid  hi  cath  Truisten.2 
Is  ann  asbert :  'Ni  o  Temair  dochumlaid  ticid  ticid  doth- 
aide  g-luind  mara  cotobcatha  crethit  cetnaanad  tuidecht  do 
mac  Daurthecht  deircthe  Eogan  sceo  echta  scen  macco 
Echac/i  Airiman  Artt  ero  Corp  coitual  cel  cichsit  datfiannse 
im  Findchad  mac  Niod  atroinne  noifidir  ruthit  min  mairfitit 
coicthe  rann  Dil  diairithe  Lethe  Laidcind  ilar  lenthws  diacoi 
crochse  marfit  Dil  nad  flathiws  gaile  genithar  gaibthiut  co 
firu  Fochla?  ifaitse  dosclich  doarnid  arus  niac  Meschuirb 
mogithar  dalsus  condesil  fidgella  forderga  ordd  araserb  slas 
ninde  mac  nDega  diagraif  arrigthiws  rige  os  cac/i  ros  codi- 
diandesingar  ar  Ros  mac  Feochair  feig  falnathar  cotafodlaib 
fergair  cain  iarnithu  mac  Riath  rascthiws  itreichnimi 
conoid  ni.'     Ni.3 

10.  Ticht'  tra  o  Chorm ac  i  n-diaid  mac  mBric  .  i . 
Ros  7  Eogan,  co  ndigsitis  afrithisi  co  Cormac.  Amail 
rochuala  Oengus,  asbert  friu  :5  '  In  fir,'  ar  se,  '  tuidecht 
fri  himmarchur  sid  J  chorse  frib-se  ?  ['  Fír,']s  ol  seat. 
•  Ronbia  slan  cac/i  neich  dorigensam7  j  ronbiat  da 
chutramma  ar  tire  liar  tir  fodesin8  J  og  corse  co  brath.' 


1  dicachain         2  o  chath  Druissen  oc  tuiclecht  antueth  3  Nitho 

Themuir  dochumlith  ticith  dofaiteth  gluînd  mair  conib  cath 
crechtnigther  aratuitet  da  mac  Durthacht  dercth?/.s  echen  sceo  ech- 
de  sceo  mac  mair-Echach  ere  maine  ard  erc  corba  m<vccu  delchidechsit 
dodareim  Findchath  mac  Níathait  no  Endi  rofitir  ruitln'd  fincl  niar- 
fithid  coderaind  Dil  dia  rathus  Lithi  Ladcend  hilar  lentus  dia 
Chondochtse  norbe  dal  nad  lathugaile  gainethur  gaibidith  co  fìro 
Foichle  hi  foidse  dosfeth  tus  ar  dith  arus  rciac  Meschuirp  mogethar 
dalsws  condeisel  ditafind  gola  folt  forderga  ord  sera  serbsi  as  indin 
indinn  dega  grisas  rigthws  rigib  os  cech  rus  condirannais  ingair  arus 
mac  maic  Fechuir  fech  fellnatar  contofodli  fergair  conarnith  m^c  Níath 
naiscthus  hi  ^trena  hi  triach  none  conoethu  nithu  Ni  o  Themuir 
dochumlit.  *  Tóhet  "'  dotéit  co  maccu  [fo.  100  a  2]  a  brathar  dia 
n-acallaim.         '  sic  L.        "'  do  neoch  dongnisiu         à  da  tír  lar  tir 


The  Expulsion  of  the  Dessi.  1 1 1 

9.  Now,  it  was  that  druid's  grandfather,  who  had  sung 
their  wanderings  to  them  as  they  went  from  the  north  to 
the  battle  of  Truistiu.1  'Tis  then  he  said:  'Not  from 
Tara,  &c.'2 


10.  Then  messengers  were  sentfrom  Cormac  after  the 
sons  of  Brecc,  even  Russ  and  Eogan,  that  they  should 
come  back  to  Cormac.  When  Oengus  heard  that,  he  said 
to  them:  'Is  it  true,'  said  he,  'that  they  have  come  on  an 
errand  of  peace3  and  treaty  with  you?'  'lt  is  true,'  said 
they.  '  We  are  to  be  absolved  of  every  thing  that  we  have 
done,  and  we  are  to  have  twice  as  much  again  as  our  own 
land,  together  with  our  own  land  and  full  peace  till 
Doom.'     'Do  not  do  it,'  said  Oengus,  'leave  me  not  alone  ! 


1  Or,  perhaps,  '  at  the  Ford  (ie  dth)  of  Truistm.' 

-  In  the  present  state  of  our  knowledge  of  Old-Irish  it  is  impos- 
sible  to  understand  more  than  an  occasional  word  or  phrase  in  these 
rhapsodical  compositions.  A  comparison  of  the  two  versions  shows 
how  little  they  were  understood  by  the  scribes  themselves. 

3  Cf .  do  immarchor  chóre,  Wb.  5  a  5. 


ii2  The  Expulsion  of  the  Dessì. 

'  Na1  denid,'  ar  Oengus,  '  nadimfacbaid-se2  m'oenur !  B,o- 
forbia3  da  trian  ir4  tire  araglainfem.3  Remthus0  do  for 
clannaib  for  mo  chlainn-se  co  brath.  Ocus  mo  chlann-sa 
do  dul  i  cath  7  hi  crích  ria  cac/i  7  do  bith  fodeoid  ic 
tudecht  a  crich.7  Ocus  co  n-irglantar  tir  remib.8  Nac/?- 
imf acbaid-se  ! '  Dorigsetn  iarum  anisin  7  dobretha10  fìr11 
fris  .  i  .  fìr  ciche  7  gruaide,  nime  7  talman,  grene  7  esca, 
druchta  7  daithe,  mara  7  tire. 

11.  Luid  Eochaid  mac  Arttchuirp  dar  muir  cona 
chlaind  hi  crich  Demed,12  conidann  atbathatar13  a  maic  7  a 
hui.  Conid  dib  cenel  Crimthaind  allse,14  diata  Tualodor 
mac  Eígin  maic  Catacumd  maic  Caittienn  maic  Clotenn 
maic  Nsee  maic  Artuir  maic  Retheoir  maic  Congair  maic 
Gartbuir  maic  Alchoil  maic  Trestin  maic  Aeda  Brosc  maic 
Corath  maic  Echacŵ  Almuir  maic  Arttchuirp.15 


12.  Dobert  Cormac  húa  Cuind  breic  im  [d]a  milid 
Oengusa  ind  rig16  .  i  .  Grainne  7  Moinne,  diatat17  Granraige 
7  Moinrige.  Atberthi1"  uad  fri  cechtar  de  i  n-ecmais19  araile : 
e  Is  bec  do  brig  lat  rig,  a  Grainne.'20  Ni  tabar  hi  cosmailius 
fri  Moinne  nGall.21  Asbered  a  chummat  cetna  fri  Moinne. 
Et   asbeir   side    f ri  Oengus :    '  Dia  nomthabarthar-sa22  hi 


1  nach         2  nachamfacbaid-si         3  robarbiat         4  om.L        5  aran- 
glanfam  6  tús        7  essi  8  corroglantar  tír  clúib         9  clogniat 

10  dobretha  with  punctnm  delens  under  a — L.  u  fer  add.  L, 
12  Demeth         13  robo   marbh  7         14  Crimthain    alle  15  Taulodar 

mac  Rigind  rm'c  Catien  mic  Clothienn  mic  Noé  míc  Artuir  mt'c  Petuir 
mi'c  Congair  mic  Goirtiben  mic  Alcon  mj'c  Tresuwd  mic  Aeda  mic 
Brosc  mic  Corach  mic  Echdach  Allmair  mi'c  Airtchuirp.  10  bréic  im 
dunuth  oenguill  ind  ríg  (sic)  l7  diata  18  asbreth  l9  i  n-ecndairg 
(corrected  out  o/ecndairt)  20  a  G/*anfir  21  co  n-érbrad  hi  cosmaiẅs 
fri  Méinne  nGall         22  dia  nomtarta-sa 


The  Expulsion  of  the  Dessi.  1 1  -> 


j 


You  shall  have  two  thirds  of  the  land  which  we  shall  clear, 
precedence  to  your  children  over  iny  own  children  till 
Dooni,  and  my  own  cliildren  to  go  to  battle  and  across  the 
border  before  every  one,  and  to  be  the  last  to  come  out 
of  the  enemy's  land.  And  they  shall  clear  the  landbefore 
you.  Do  not  leave  me!'  Then  they  did  that,  and  truth 
was  pledged  for  it,  to  wit,  truth  of  breast  and  cheek,  of 
heaven  and  earth,  of  sun  and  moon,  of  dew  and  drop,  of 
sea  and  land. 

11.  Eochaid,  son  of  Artchorp,  went  over  sea  with  his 
descendants  into  the  territory  of  Demed,  and  it  is  there 
that  his  sons  and  grandsons  died.  And  from  them  is  the 
race  of  Crimthann  over  there,  of  which  is  Teudor  son  of 
Regin,  son  of  Catgocaun,  son  of  Cathen,  son  of  Cloten, 
son  of  Nougoy,  son  of  Arthur,  son  of  Petr,  son  of  Cincar, 
son  of  Guortepir,  son  of  Aircol,  son  of  Triphun,  son  of 
Aed  Brosc,1  son  of  Corath,  son  of  Eochaid  Allmuir,  son  of 
Artchorp. 

12.  Cormac,  the  grandson  of  Conn,  played  a  trick 
upon  two  soldiers  of  Oengus  the  King,  to  wit,  Grainne  and 
Moinne,  from  whom  Granraige  and  Moinrige  are  so  called. 
He  caused  it  to  be  said  to  either  of  them  in  the  absence  of 
the  other  :  '  Small  is  thy  esteem  with  thy  king,  O  Grainne. 
Thou  art  not  deemed  worthy  to  be  compared  to  Moinne 
the  Gall.'  The  same  thing  was  said  to  Moinne.  Then 
the  latter  said  to  Oengus :  Tf  I  am  put  in  comparison 
with  Grainne,  I  shall  put  this  spear  through  thee.'  When 
Cormac  knew  the  order  of  the  watch  which  would  come 


1  As  Zimmer  has  shown  (Nennius  Vind.,  p.  88)  this  is  the  Ewein 
Vreisc  of  Teudos'  pedigree  in  the  Jesus  College  MS.  20,  fo.  3o£.  I 
have  restored  the  Welsh  forms  of  the  names  according  to  Anscombe's 
Indexes  to  Old-Welsh  Genealogies,  Archiv.  filr  celt.  Lexikographie, 
i,  pp.  187-212. 


1 1 4  The  Expulsion  of  the  Dessi. 

cubes  fri  Grainne,  dobér-sa  in  sleig  se  triut-su.'  O  rafìti'r 
Corniac  ord  na  haire  dodasicfad  a  udis  i  n-oenaidchi 
immoalle.  It  he  rotheilcset  slog  f air  inna  dun  7  rongeguin 
indara  de  7  roort  mac  a  brathar  'moalle  fris.1 

13.  Dosbert  Crimthann  i  n-Ard  Ladrann  iarsain.  Et 
d  [0]  coirsetar  maic  Crimtham  cocad  f risna  Deisse2 .  i .  Eochu, 
is  e  rogab  doib  in  ndarbre  cona  frenaib  (sic)  7  doscartsat 
im-maidm  as  hi  tir  n-Osairge. 

14.  Imaittreib  doib  alla  aniar  hi  Commur  Tri  n-Usce 
hir-rind  tire  Tigernaich.3  Ardosfaicce4  ri  Osraige  matan 
moch  iar  ndenam  a  n-aittreib.3  '  Is  mili  tige  7  mile 
ndethac/i  ani  thall,'  ar  se.  Is  de  asberar  Milidach.6 
Gebtait  forn  (sic).  Atasaigid  hi  tenid,  loiscitir  a  nhuile 
aittreba'  7  nistalla  leo  thiar  iarsuidiu."*  Doloingset  as  7 
dothaegat  iar3  muir  siar,  co  n-gabsat  i  nHirchuilind  tiar.10 


15.  [fo.  72b,  2]  Isind  aimsir  sin  ba  marb  ben  Oengusa 
matc  Nadfraich  rig  Caisil11,  et  dothaít  nech  uad  do 
thochmarc  na  hingine  cucco,  ar  robse  Eithne  moalle  friu- 
som  thiar.  Atrogell  Oengus  a  tri  rinnroisc  di.  Batar  se 
a  tri  rindroisc  .  i  .  faithchi  Chaissil12  o  Luaisc  co  Caissel  do 


1  Ar  rofitir  Corm«c  ord  n-aire  nachommaitethe  rofitir  donticfad 
oenadaig  immele  side.  Tolléicset  slog  fair  inna  dún  7  geguin  indele 
he  7  huirt  mac  a  brathar  immelle.  2  Inn  uair  ropo  marb  Crimthan 
mac  Genselaig,  dogensat  Lagin  coccad  friu-som.  3  O  rofitir  Osseirge 
immarthrub  alle  aniar  fri  Comur  tri  n-Uisci  ir-rind  tire  Ech^cÀ 
atchi  '•  atruib  6  Is  mile  tige  ani  thall,  ol  se,  conid  desin 
rohainmniged  Milithach.  7  huile  in  att-[fo.  lOOb  2]  ruib  8  nistall 
thair  hisuidiu  8  dothiagat  tar  10  tiar  thess  X1  hi  Caisiul. 

Ardrig    Caisil    7    Muman    heside  12  Is   mo    inrasc-sa   ém   ol  si, 

faithchi  Chaisil. 


4 


The  Expulsion  of  the  Dessi.  1 1 5 

to  them  on   the    sarne    night  too-ether '     'Tis 

they  who  let  in  a  host  upon  him  in  his  fortress,  and  one 
of  them  wounded  him,  and  his  brother's  son  was  slain 
together  with  him. 

13.  Thereupon  Crimthann  sent  them  into  Ard 
Ladrann.  And  after  the  death  of  Crimthann,  his  sons 
made  war  upon  the  Dessi ;  and  one  of  them,  Eochu,  took 
the  oak  with  its  roots  to  them.2  And  in  a  rout  they  drove 
thein  out  into  the  land  of  Ossory.3 

14.  There  in  the  east  by  the  meeting  of  the  Three 
Waters4  on  a  point  of  the  land  of  Tigernach5  they  dwelt. 
Early  011  e  morning,  after  they  had  built  their  dwel- 
lings,  the  King  of  Ossory  saw  them.  'Yonder,'  he  said, 
'are  a  thousand  houses  (míle  tige)  and  a  thousand 
smokes.'  Hence  Miledach0  is  so-called.  He  put  fire 
to  theni,7  and  all  their  dwellings  are  burnt.  After  that 
there  was  no  place  for  them  in  the  east  to  stay  in. 
They  fared  forth  and  went  along  the  sea  westward  until 
they  settled  in  Irchuilenn  in  the  (south-)west. 

1 5.  At  that  time  the  wife  of  Oengus  son  of  Nadfraich, 
King  of  Cashel,  died,  and  a  messenger  was  sent  by  him  to 
the  Dessi  to  woo  the  maiden  Ethne,  for  she  had  been  with 
them  in  the  west.  Oengus  promised  her  three  wishes. 
These  were  her  three  wishes,  to  wit,  that  the  meadow  land 


1  Something  seems  omitted  here. 

2  This  seems  an  idiom,  which  I  cannot  explain.  Cf.  crothais  dôib 
dairbre  ndall,  Ir.  Texte,  \,  p.  108,  4. 

3  The  ancient  hingdom  of  Ossory  comprised  nearly  the  whole  of 
the  present  county  Kilkenny  as  well  as  the  baronies  of  Upper  Woods, 
Clandonagh  and  Clarmallagh  in  Oueen's  County. 

4  The  meeting  of  the  rivers  Suir,  Nore  and  Barrownear  Waterford. 

5  Eochu,  Laud. 

0  A  place  near  the  Meeting  of  the  Three  Waters.  Cf.  commor 
immar  Milidach,  LL.  44  b  9. 

7  Cf.  adachtatar  in  crích  hi  tenid,  LU.  65  a  12. 

i  2 


1 1 6  The  Expulsion  of  the  Dessi. 

thàbairt  di  7  a  maithriu  do  airisem  ann.  Et  in  cenel 
nothogfaitis1  do  aurglanad  rempu  7  a  dilsi  doib  in  tiri  sin. 
Et  comsaire  doib  frisna  teora  Heoganachta  Mumaw  .  i  . 
E  [0]  gonacht  Raithlind  7  ~Eoganacht  Locha  Lein  7  lüoganaeht 
Hua  Fidgeinti2  co  n-Huib  Liathain. 


16.  Togait3  iarum  na  Deisse  Osairoi  do  aurglanad 
rempu*  7  do  chocad5  friu.  Lotar  da  druid  lasna  Deisse  .  i . 
Drong0  et  Cecht.7  Bse  àa,no  drui  la  Hosairom  .  i  .  Dil 
mac  Hui  Chrecca,  7  roptar  daltai  doside  druid  na  n-Deisse. 
Dobertsat  na  Deisse  secht  catha  do  Osairgib  7  romaidset 
na  secht  catha  sin  ria  n-Osairoi  forsna  Deissib8  hi  Lethet 
Laidcind  i  n-Ard  Chatha.9 

17.  Dobreth  Eithne  Uathach  iarsin  comairle  dia 
meithre  .  i  .  dula10  co  cenn  adchomairc  Muman,  co  fath- 
britheniain11  Casil,  co  [Lugaid]  Laigde  Cosc,  conid  he 
roscobair  tria  gses  7  trebaire.12  Ba  he  ba  brithem  do 
Chorccu  Laigde.  Ar  robte13  imthus  do14  Chorccu  Laigdi  7  do 
Eoganacht  hi  Caissiul15  .  i  .  intan  nobid  ri  do  Chorccu 
Laig(Zi,  nobid  brithem  do  Eoganoc/íi.  Oengus  mac  Nad- 
fraich  ba  ri  in  tan  sin  7  Lugaid  La.igdi  Cosc16  ba  brithem. 

1  dongoetais  -  7  comsoere  doib  fri  rig  teora  ndEoganachta 
Muman  .i.  rí  Raithlind  7  rí  Lochrse  7  ríhuad  (sic)  Fidgenti  3  togdatar 
4  rembi  3  do  chath  e  Droch  7  do  sil  m«ccu  Crecca  add.  L. 
8  for  na  Déisse  9  il  leith  Ladcind  .  i  .  Art.  Asberat  araile  is 
xxx.  cath  lû  Is  and  airlestar  Ethne  Huathach  dona  Déisib  dia 
haitib  dul  doib  ' l  brithem  12  Luigith  Corc  (sic),  is  he  nodairlestar 
ar  a  gais  7  ar  a  threbairi.  13  ata  1+  etir  lä  o  aimsir  Dárine  7 
Dercthine,  a  brithemna  do  chlandaib  Luighdech  7  rigi  do  chlandaib 
Auglum  (sic),  rigi  dano  do  chlandaib  Luigdech  7  brithemnas  do 
chlandaib  Auluim,  co  roimchla  líth  ifectsa  rige  dogrés  la  clannaib 
[fo.  101  b  1]  Auluim  7  breìthemn?<s  dogrés  la  clandaib  Luighdech. 
,eLuigithCosc. 


The  Expulsion  of  the  Dessi.  1 1 7 

of  Cashel  from  Luasc  to  Cashel  be  given  to  her,  for  her 
uiother's  Irindred  to  dwell  there,  that  the  tribe  which  they 
would  choose  should  clear  the  land  before  them,  which 
should  then  belong  to  them;  and  that  they  should  be  as 
free  as  the  three  Eoganacht  of  Munster,  to  wit,  the  Eogan- 
acht  of  Raithlenn,  the  Eoganacht  of  Loch  Lein  and  the 
Eoganacht  of  the  Hui  Fidgenti  together  with  the  Hui 
Liathain. 

16.  Then  the  Dessi  chose  the  people  of  Ossory  to  be 
cleared  out  before  them  and  to  fight  asrainst.  There  were 
two  druids  with  the  Dessi,  to  wit,  Drong-  and  Cecht;  and 
there  was  also  a  druid  with  those  of  Ossory,  Dil,  the 
descendant  of  Crecca,  and  the  druids  of  the  üessi  had  been 
foster-sons  of  his.  The  Dessi  fought  seven  battles  with 
the  men  of  Ossory  at  Lethet  Laidcind  in  Ard  Catha,1  in 
all  of  which  they  were  routed  by  the  meu  of  Ossory. 

17.  Then  Ethne  the  Dread  advised  her  mother's  kins- 
f olk  to  go  to  the  chief  counsellor  of  Munster,  the  seer-j  udge 
of  Cashel,  Lugaid  Laigde  Cosc.  He  by  his  wisdom  and 
prudence  helped  them.  He  was  judge  to  the  Corco  Laigdi. 
For  there  had  been  an  interchange  between  the  Corco 
Laigdi  and  the  Eoganacht2  in  Cashel  (from  the  time  of 
Darfìiie  and  Dercthine),  to  wit,  whenever  there  was  a  king 
of  the  Corco  Laigdi,  there  was  a  judge  of  the  Eoganacht. 
Oengus,  son  of  ISîadfraich,  was  king  at  that  tlme,  and 
Lugaid  Laigde  Cosc  was  judge. 

1  Others  say  there  were  thirty  battles. — Laud. 

2  Between  the  children  of  Lugaid  and  the  children  of  (Ailill)  Olum. 
— Laud. 


1 1 8  The  Expulsion  of  the  Dessi. 

18.  Tiagait  maithi  na  nDeisse  7  Eithne  Huathach  leo 
co  Lugaid1  Cosc  7  asberat  fris :  '  Ronfoire2  im  chobair 
dún.3  Rotbia  tir  linni  dar  a  eisse  cen  chis,  cen  chongabail,1 
cen  dunadj  cen  biathad,  7  ni  thicfam  dar  cert  ar  do  chlaind 
co  brath.'5  Naidinthir0  fìr  n-Oengussa  7  fir  n-Eithne  7  fìr 
flatha  na  nDeisse  fri  sodain.  '  Congraid  îor  ndruide 
dam-sa/  ar  LugaẃT  Cosc,  .  i  .  Droch  7  Checht.  Congraiter8 
do,  et  dobretha  di  mumnir  .  i  .  da  phaitt  doib/  hit  e  lana 
do  fìn.  Dobreth  doib-sium  a  tirib  Gall  7  biad  Gall  lais,  ar 
ba  mescamai7  sobruige  inti  nochaithed.10  '  Berid  in  fricili1' 
se  do  for  n-aite  7  apraid  fris  atfor  n-aithrig  do  debaid  fris.12 
Et  berid  tecosc13  dia  ingin  iar  n-olind  finse.'14 


19.  Dorigset  amlaid.15  Et  arfofet  DÍF  in  fricill17  7 
roscar-som  ind  ingen  7  ro-oslaid  in  fuiriud  rempu."  Dall 
àidiu  in  Dil.19  Eochomairc  ind  ingen  dó  ar  belaib  a  dalta 
isin  tan  ba  ìnesc.20  f  A  mo  sruith,'  ar  ind  ingen,  '  im  bia 
tesargain21  na  nDeisse  indorsa  ?'22  '  Biaid  amse,'23  ar  Dil, 
'  mad  i  n-urd  turcbad  grían  f oraib  7  na  robeotais  7  na 
roruibtis  nech  ann.  Ar  inti  bifas  nó  genfas  nech  do  slog 
araile  immarac/i  ar  thus,  noco  ?i-aittrefa  in    tir   sin24    co 


1  Luigith  2  Tonfairne  3  a  Lugith  add.  4  chongbail  °  7 
ni  thesseba  a  chert  co  brath  6  adguiter  7  Gahthir  dam-sa  tra, 
ar  Lugith,  bar  ndrúidi  s  congairter  9  dobeir  da  muinirlana  doib 
10  biathna  nGall  laiss  7  it  he  nohithed  a  bargin  namma.  u  Berith 
inso         12  abraid    is    he     bar     n-aithrech    debuid    fris  '3  tecosc 

14  tria  mesci  in  fina  iarna  ol  15  Dogensat  som  aní  sein  1G  som 
17  nisreccell  (sic)  18  cartait  som  in  ingin  Dil  7  asoelc  a  forud  remib 
in  ropu  dall  Dil  -°  ni  chuingen  ba  frit  comairc  ind  ingen  o  ropo 
mesc  ar  belaib  a  da  dalta  21  im  bui  tesorcud  ~2  innosa  23  bái, 
a  muinecan  2i  mad  mattain  foraib  imbárach  ni  urd  7  ni  fuibitis 
nech  n-and.     Ar   intí  011  gontar  nech  imbarach  ni  aitreba  a  tìr  so 


The  Áixpulsion  of  the  Dessi.  1 1 9 

18.  The  nobles  of  the  Dessi,  and  Ethne  the  Dread 
with  them,  went  to  Lugaid  Cosc  and  said  to  him:  'Help 
us!  Thou  shalt  have  land  with  us  for  it  without  rent, 
without  seizure,  without  levy  of  host  or  food,  nor 
shall  we  ever  trespass  against  thy  descendants.'  The 
truth  of  Oengus  and  of  Ethne  and  of  the  princes  of  the 
Dessi  is  pledged  for  this.  'Call  your  druids  to  me,'  said 
Lugaicl  Cosc,  'even  Droch  and  Cecht.'  They  were  called 
to  him,  and  they  gave  themtwo  jars  full  of  wine,  which  had 
been  brought  to  them1  from  the  lands  of  Gaul,  together 
with  food  of  Gaul ;  for  he  who  would  eat  and  drink  it 
would  be  intoxicated  andsober  (at  the  same  time).  'Take 
this  gift  to  your  tutor  and  say  to  him  that  ye  repent  of 
fìo'htino-  ao;ainst  him.  And  he  will  instruct  his  dauerhter 
after  he  has  drunk  the  wine.' 

19.  They  clid  so.  And  Dil  accepted  the  gift,  and 
the  girl  divided  it  and  opened  (?)....  before 
them.2  Dil,  however,  was  blind.  Then,  when  he  was 
drunk,  the  maiden  asked  him  before  his  two  foster-sons  : 
'O  my  venerable  (father)'  said  she,  'will  there  be  rescue 
for  the  Dessi  now?'  fIndeed,  there  will  be,'  said  Dil,  'if 
the  sun  rise  upon  them  in  battle-order  and  they  slay  and 
wound  no  one.  For  he  who  will  fìrst  slay  or  wound  any 
one  of  the  other  host  to-morrow  morning,  shall  not 
inhabit  this  land  till  Doom.'     '  Perhaps  there  will  be  no 


1  i.e.,  to  Oengus  and  Lugaid,  as  Rawl.  indicates  by  the  insertion  of 
marks  of  reference  over  dóib-sinm  and  the  two  names. 

2  I  do  not  know  what  forud  or  fuiriud  may  mean.     Perhaps  it  is 
O'Clery's  fúireadh  .  i  .  ullmhughadh. 


1 20  The  Expulsion  of  the  Dessi. 

brath.'  'Bess  ni  hingnad  anisin,'1  ar  ind  ingen,  ardaig 
co  cloistis  na  gillse.  '  Dia  mbeind  hi  ccemthecht  na 
nDesse,2  nodolbfaind3  boin  deirg  do  duiniu  7  nogonfaitis 
Osairgi,  in  boin  sin."4 

20.  Mosdáilet  an  druid5  cosna  Deissib  fochetoir 
fothuaid  do  Chasiul  7  doberat  na  Dessi  leo  co  m-batar  i 
n-urd  matan  moch  iarnabarach.8  Astuat  tenid7  cairthind 
ann  7  foidit  a  diaid  sair  co  Hosairgib.  Tecait*  Os&irgi 
iarum  co  Hinneoin  7  fucairthir  la  Dil  na  rorubtha  7  na 
robeota  nech  dona  Deissib  ann.9  Dolbait  dano  druid  na 
n-Deisse  aithech10  hi  richt  bo  dergce11  .  i  .  Dochet  a  anmain,12 
ar  soire  dia  chlaind  dogres.  Teit  iarum  ina  ndail13  7  cot- 
meil  foraib  7  giallaid  gail  7  gonair  forsind  ath  fri  Indeoin 
aniar.14  Is  de  asberar  Ath  Bo  Deirge.  Conid  iarum 
adchonncatar  co  mba15  colann  duine  iarna  guin. 


21.  Maitte  for  Ossairgfiô  sair  co  Handobru18  (sic)  7 
imsoat  Ossairgi  a  sain  7  doberat  a  mbiu17  7  am-marbu  coema 
in-airther  Ratha  sair.18    Maidte  f  oraib  atherruch  o  Andobur 


1  Bess    ni    gontar    em  2  Mad    me    bad    chend    athchomairc 

laisna    (sic)    Déssib  3  nodoilfìnd  4  nosgonfatis    Ossirge. 

5  Tochumlat  iarsain   in    da   drúith  6  Tosberat  co    mba   mattin 

foraib  i  n-urd  7  attáit  tenti  *  Totet  3  [fo.  101b2]  Focairther 
o  Dil  arna  rogonta  nech  ann  dona  Déssib  l0  senaithech  and  dona 
Déisib         lì  máile   add.         l2  Docheth  a  hainm  l3  Teit  dochum  in 

tshluaig  sair  u  Cid  dognither  thiar  innossa,  a  gillai?  or  Dil.  Tene 
do  fhatóg  7  bó  derg  do  thelcud  forsin  n-áth  aniar.  Ni  ba  hi  ma  món, 
ar  se.  Na  gonat  ind  fhir  in  boin,  ar  se.  Noslecet  seccu.  Nosgonait 
gillai  na  11-ech  iarna  cúl  7  lecit  gair  impe.  Cissi  gáir  so,  a  gillai  ?  or 
se.  Inna  gillai  oc  guin  na  bo.  Fe  fe  amái !  or  sé.  Mo  charput  dam! 
ar  se.  A  hord  slaitir  Indeoin.  15  corbo  le  Handobor  1T  beritt 
a  n-aithbiu         l8  condicce  airther  Rátha  Machuthnoe  for  brú  Andobor 


The  Expulsion  of  the  Dessi.  1 2 1 

slaying  then,'  said  the  girl,  so  that  the  young  men  should 
hear  it.  '  If  I  were  in  the  company  of  the  Dessi,  I  should 
by  magic  shape  a  man  into  a  red  cow,  so  that  the  men  of 
Ossory  would  kill  that  cow.' 

20.  Forthwith  the  druids  repair  northward  to  Cashel  to 
the  Dessi  and  take  them  with  them  in  battle-order  early 
on  the  next  morning.  They  light  a  fìre  of  rowan  there 
and  send  its  smoke  eastward  into  Ossory.  Thereupon  the 
men  of  Ossory  come  to  Inneoin,  and  it  was  proclaimed  by 
Dil  that  110  one  of  the  Dessi  should  be  slain  or  wounded 
there.  But  the  druids  of  the  Dessi  formed  an  old  serf, 
Docheth  by  name,  into  the  shape  of  a  red  (hornless)  cow, 
promising  freedom  to  his  descendants  for  ever.  Then  the 
cow  went  to   encounter   the   men    of   Ossory   and   flings 

herself  upon  them,  and '  and  is  killed  at  the 

ford2  westward  of  Inneoiu,3  whence  the  Ford  of  the  Eed 
Cow  is  so  called.  And  then  they  saw  it  was  the  body  of 
a  man  that  had  been  slain. 

21.  The  men  of  Ossory  were  routed  eastward  as  far 
as   the   Andobur,4    and   there   they   turn   and   take  their 


1  I  do  not  know  what  gîallaìm  gaìl  may  mean.  As  Strachan 
points  out  to  me,  the  phrase  seems  a  corruption  of  gáelaim  gail,  which 
occurs  in  Salt.  na  Rann,  1.  6167.  Laucl  gives  a  more  detailed  account : 
'  What  are  they  doing  in  the  west  now,  my  lads  ?  '  said  Dil.  '  They 
are  lundling  a  fìre  and  letting  a  red  cow  into  the  ford  from  the  west.' 
'  That  is  not  my  work.  Do  not  let  the  men  kill  the  cow  ! '  eaid  he. 
They  let  her  go  past  them.  But  the  horse-boys  behind  their  back 
kill  her  and  raise  a  shout.  '  Wliat  shout  is  that,  my  lads  ? '  said  Dil. 
'  The  horseboys  are  slaying  the  cow.'  '  Woe  is  me ! '  said  Dil. 
'  Bring  me  my  chariot.' 

2  This  must  be  a  ford  on  the  river  Suir. 

3  Also  called  Indeoin  na  n  Déssi,  now  Mullach  Indeona,  a  townland 
near  Clonmel.     See  O'Don.  F.M.  a.d.  S-r2. 

4  This  I  take  to  be  the  river  Anner,  a  tributary  of  the  Suir,  co. 
Tipperary.  It  is  called  Annúir  by  Keating  (Gaelìc  League  Series  of 
Irish  Te.rts,  I,  p.  204). 


1 2  2  The  Expulsion  of  the  Dessi. 

co  Lainnen.1  Na  hothurbi2  forfacabsat  Osmirgi  i 
n-airthiur  Ratha  rosgegnatar3  na  Desse  oc  tintud4  anair. 
Is  de  ata  Belac/i  n-Eca  iar5  fiad  Ratha. 


22.  Rannait  iaruin  na  Dessi  i  cetrib  rannaib  na  tiri 
sin.e  Cach  clann  tarraid  in  cethramaid  sin,  ata  a  chuit 
isin  tir.7  Coeca  toirgi  lasna  Dessib,  a  .xxu.8  [fo.  73a,  1] 
dib  tarthatar  raind  7  a  .xxu.8  aile  nan  tarthatar  7  is  dona 
toirgib  sin  is  ainni  Dessi,  ar  it  e  fil  fo  chis10  7  dligud  7 
bothachas11  na  nDeisse12  dona  flaithib  .  i  .  do  Dail  FiachacA 
Suidge  7  ni  hainui  doib-siáe  Deisse.  Cacẁ13  longas  tra  rofitir 
Eith^ic  Hviathac/t  la  Herind  dosreclam14  cosna  Deisse,  f obith 
nodigbaitis1 '  Dal  Fiachac/í  Suidge  isna1<:  cathaib  niencib. 


23.     Do  thoirgib  na  nDessi  inso  sis. 
Dobert17  Semuin18  di  Ultaib  cucu,  diatat  Semuine.u 


Dobert  cuco  Nemungin20  di  Huaithnib  .  1 .  diatat  Nechtarge. 


1  conod  hi  sein  in  choicrich  co  brath  etir  na  Deisi  7  Osseirge.  Amail 
ossa,  is  amlaid  rorathatar  ass.  Is  de  ata  Osseirgi  foraib  7  rofaithaigset 
na  Desi  inna  tír  co  brath.  2  na  hothair  3  nosgegnatar  4  im- 

pud  '  hi  u  Ronnit  a  cetraind  tíre  hí    sein  7  Nach  duine 

tarnaid    in   cetraind    sin,  ata    a    chuit    ar    a    raind    sin.  8  cuic 

fìchet         9  nach  10  deisis  u  bodagas  12  na  nDeisse  om.  L. 

13  nach  u  dosfuide  '"  arcrunad  lB  isnaib  17  Tóbeir 

1H  Semon  mac  Oengusa  maic  Cel[t]chair  maic  Huithechair        lB  Semoni 
-°  Nemongen   mac   Nechtain 


The  Expulsion  of  the  Dessi.  123 

wounded  and  their  dead  nobles  into  the  front  part  of  Rath 
Machuthnoe1  (on  the  bank  of  the  Andobur)  in  the  east. 
Again  they  were  routed  froni  the  Andobur  to  the 
Lainnen,2  (which  is  the  boundary  between  the  Dessi  and 
the  men  of  Ossory  till  Doom.  They  ran  away  like  deer 
(ossa).)  As  the  Dessi  were  returning  from  the  east  they 
killed  the  wounded  men  whom  those  of  Ossory  had  left 
behind  in  the  front  part  of  the  fortress.  Hence  the  ítoad 
of  Death  along  the  front3  of  the  fortress  is  so  called. 

22.  Thereupon  the  Dessi  divide  those  lands  into  four 
parts.  Each  family  which  came  into  this  first  division  has 
its  share  in  the  land.  There  are  fifty  septs  among  the 
Dessi,  of  whom  twenty-fìve  got  a  share,  while  the  other 
twenty-five  did  not ;  and  the  former  are  called  Dessi,  for 
it  is  they  who  are  under  rent  and  law  and  hut-tax'  to  the 
princes,  viz.  to  the  Division  of  Eiachu  Suidge,  and  the 
latter  are  not  called  Dessi.  Every  exiled  band,  however, 
of  which  Ethne  the  Dread  knew  in  Ireland,  she  gathered 
to  the  Dessi,  because  the  Division  of  Fiachu  Suidge  had 
been  diminished  in  so  many  battles. 

23.     Of  the  septs  of  the  Dessi. 
She  brought  Semon  (son  of  Oengus,  son  of  Celtchar,  son 

of  Uthechar)  of  the  men  of  Ulster  to  them  (with  150 

men)  from  whom  are  the  Semuine.3 
She  brought  to  them  Nemongen  (son  of  Nechtan)  of  the 

Uaithni,  with  fifty  men,  from  whom  are  the  Nechtarge. 

1  Not  identified. 

2  This  is  the  river  now  called  Lingaun  (from  Mod.  Ir.  Lainneán) 
wliich  forms  the  boundary  between  the  barony  of  Iffa  and  Offa  East 
and  that  of  Iverk. 

3  Here  I  takefíad  (W.  ŷwydd)  to  be  the  noun  which  has  passed 
into  the  nominal  prei30sition^«(Z  '  coram.' 

1  bothachas  (bodagas),  the  tax  payed  by  a  bothach  or  '  hut-dweller, 
cottar.' 

'  Cf.  LL.  331c :  Clann  Sem  diatát  Semni  na  nDesi. 


1 24  The  Expidsion  of  the  Dessi. 

Dobert1  cuco  tri  macco  Ijugdach'  Cosca  britheman  Corco 

Laigd/i  a  Cassiul.  1  .3 
Tri  chóicait  da.no  clo  thrib  rnaccaib  Oengusa  maic  'Derhchon 

maic  Gormaic  Ul[f]atai,  de  quibus  Mechain.4 

Coeca  do  maccaib  Feideilmid  Brufir,5  de  quibus''  Bruirige. 
Coeca  do  maccaib  Odro,7  de  quibus  Odraige.8 

Nonbur    di  maccaib  Ditha  do  Ernaib,  de  quibusr>  Corco 

Ditha. 
Cet   lsech   luid  Be^ta  in  t-eces9  di  Ultaib,  de  quo6  Bent- 

raige. 
Non&w  do  maccaib  Conaill  maic  Neill,  de  quo6  Condrige.10 

Nonòwr  do  maccaib  Suird  maic  Mugdornai   Duib,  de  quo 

Sordraige.11 
Ncmb'ur  do  maccaib  Munigblse  maic  Mugdornse  D?n'ò,12  de 

quibuss  Duibrige.  Ma?'c  ingine  Briuin  in  sin. 


.  ix  .  do  maccaib  Mugdomse  Cerbfir  do  Chairige.13 

.  ix  .  do  maccaib  Laidir  maie  Firchi  do  Ladraige.14 

Tri  nonbm'r  do  Oengus  Firgabrse  mac  Conaire  maic  Messi 

Buachalla  do  Gabraige.15 

1  Dobeú"         2  Luigdech  3  Tri  choicait  lin   Semoin,    cóica  lin 

m«ccu  Luigdech,  coica   lin    maccu  Nemongin.  4  Coica    lfech  do 

maccaib  Oengusa  Darcon  maic  Cormaicc  Aulfata  dal  maic 
Con.  '  Feidlimthi     Bruirir  ü  diata  7  Bru     nó 

Odro     R.       di     Hultaib      add.     L.  8  Odrige  8  Cét     lcech 

lin  hue  maic  Bind  ind  ecis  10  Conrige  L1  Soirt  mffî'c  Doirna 
diata    Sorthrige  l2  Muindigblse     maic    Maugdornse     diata    Loch 

Muindig  hi  tirib  Maugdornse  13  Nonbur  do  niffccaib  Cerir  maic 
Mugdornae  diata  Ciarraige.  14  Nonbur  do  m«ccaib  Latfir  diatat 
Lattrige  .  i  .    m«i'e  Fir  Ceoch         lä  diatat  Gabrige 


The  Expulsion  of  the  Dessi.  125 

She  brought  to  them  the  three  sons  of  Lugaid  Cosc,  judge 

of  the  Corco  Laigdi,  from  Cashel,  with  fifty  men. 
Next,    150    men    of   the   three    sons   of   Oengus,    son    of 

Derbchu    (Oengus   Darchu),   son  of  Cormac  Ulfata,  de 

quibus  Mechain  (Dál  Maic  Chon) . 
Fifty    men   of  the  sons  of  Fedilmid    Brufer,    de    quibus 

Brurige. 
Fifty  men  of  the  sons  of  Odro,  from  Ulster,  de    quibus 

Odraige. 
Nine  men  of  the  sons  of  Dith,  of  the  Erainn,  de  quibus 

Corco  Ditha. 
A  hundred  warriors  was  the  number  of  the  descendants  of 

Benta  (Mac  Bind),  the  poet  from  Ulster,  de  quo  Bentraige. 
Nine  men  of  the  sons  of  Conall,  son   of   Niall,    de   quo 

Condraige. 
Nine  men  of  the  sons  of  Sord,  son  of  Mugdorna  Dub,1  de 

quo  Sordraige. 
Nine  men  of  the  sons  of  Mundechblee,2  son  of  Mugdorna 

Dub,   (from  whom  Loch  Muindig2  in  the  lands  of  the 

Mugdoirn4  is  so  called),  de  quibus  Dubrige.     These  are 

the  sons  of  Briun's  daughter. 
Nine  men  of  the  sons  of  Cerbfer  (Cerir),  son  of  Mugdorna, 

f rom  whom  are  the  Ciarraige  (Cairige) . 
Nine  men  of  the  sons  of  Latfer,  son  of  Fer  Ceoch,  from 

whom  are  the  Latraige. 
Three  times  nine  men  of  Oengus  Firgabra,  son  of  Conaire, 

son  of  Mess  Buachalla,  from  whorn  are  the  Gabraige. 


1  He  was  the  son  of  Colla  Menn. 

2  Cf.  Mundechblai  and  Mundechdub,  LL.  328«  13. 

3  Cf.  Hinc  Loch  Demundech  hi  tírib  Mugdorne,  LL.  327 h. 

4  From  them  the  present  barony  of  Cremorne  (Crích   Mugdorn), 
co.  Monaghan,  takes  its  name. 


126  The  Expulsion  of  the  Dessi. 

.  ix  .  do  Afìr  do  Ernaib  do  TJraíge.1 

.  ix  .  do  Fir  Menn  moc  Cuscraid  Mind  Macha   maic  Con- 

chobuir  do  Mennraige. 
.  ix  .    do     mac2     Glasschaich      maic     Moga     Ruith      do 

Rodraige.3 
Tri  nonbuir  do  Oengus  Chreca4  mac  Gonchohuir  Meel  maic 

Formgel5  di  Ultaib.     Is  e    nochrecad   g-oofi    hi    Temair. 

A  quo  Crecraige. 
Binne   7    Eochaid  Cóen7    do   Bintrige    7    do    Choenrige. 

Nonhur  doib. 
.  ix  .  do  Naithir  mac  Fircheich  do  Nathraig:e.8 


'öv 


.  ix  .  do  Nudfir9  do  Laignib  do  Nudraige.10 

.  ix  .  do  maccaib  Blait  do  Blatraige.11 

.  ix  .  do  Nindfir  mac  Bairrche  do  Nindrig-e.12 

.  ix  .  do  FiurLuide  ar  Sid  ar  Femen  do  Ludraige.13 


.  ix  .  do  Chferfir1'1  di  Chruithnib  do  Chserige.15 


Tri  norihuir  do  thrib  maccaib  Bonnfir  do  Bonnraiere. 


í-5 


ix  .  do  Luthor  mac  Arda  do  Luthraige.17 


.  ix  .  do  Blotchoiw18  di  Bretnaib  do  Blotraig-e.19 

1  Nonbor   di  Haurir    do   Hernaib   diata  Aurige  -  maccaib  L. 

3  Roithrige  4  Crece  5  Máil    maic  Formail  °  crec 

gai  7  Coene  8  Nothir    mac     Firceoch     diata    Nothrige 

"  Nudir  10  diata     Nudrige  u  Blathrig  diata  Blathrige 

12  L.  omits  this paragraph.  l3  hiSid  ar  Femon  di  Hultaib  nad  aicidacht 
diata  Luidrige  u  Celir  15  diata  Celrigi  1G  Trí  maic  Boindfir 
buachala  Eithne  diata  Boendrige  '7  Nonôw/"  [do]  Libur  mac  Arta 

diata   Lubrige.         1S  Blóthchum  19  diata   Blodrige 


The  Expulsion  of  the  Dessi.  1 2  7 

Nine  men  of  Aurir  of  the  Erainn,  f  rom  whom  are  the  Aurige. 
Nine  men  of  Fer  Menn,  son  of  Cuscraid  Menn  of  Macha, 

son  of  Conchobor,  from  whom  are  the  Mennraige.1 
Nine  men  of  the  son  (sons)  of  (ilaschach,  son  of  Mug  Euith 

from  whoni  are  the  Rodraige. 
Three  times  nine  men  of  Oengus  Crece,  son  of  Conchobor 

Mael,  son  of  Formael,  of  the  men  of  Ulster — 'tis  he  who 

sold  spears  in  Tara — a  quo  Crecraige. 
Binne  and  Eochaid  Coen,  from  whom  are  the  Bintrige  and 

Coenrige.     They  were  nine. 
Nine  men  of  Nothir,  son  of  Fer  Ceoch,  from  whom  are  the 

Nothrige. 
Nine  men  of  Nudfer  from  Leinster,  from  whom  are  the 

Nudraige. 
Nine  men  of  the  sons  of  Blat,  from  whom  are  the  Blat- 

raige. 
Nine  men  of  Nindfer,  son  of  Bairche,  from  whom  are  the 

Nindrige. 
Nine  men  of  FerLuide  from  Sid  ar  Femun,  from  whom  are 

the  Ludraige. 
Nine  men  of  Caerfer  (Celir)  of  the  Picts,  from  whom  are 

the  Caerige  (Celrige). 
Three  times  nine  men  of  the  three  sons  of  Bonnfer  (the 

cowherd  of  Ethne),  from  whom  are  the  Bonnrige. 
Nine  men  of  Luthor  (Liber),  son  of  Art,  from  whom  are 

the  Luthraige  (Luburige). 
Nine  men  of  Blotchu  of  the  Britons,  from  whom  are  the 

Blotrige. 


1  Mendraige,  LL.  3316,  16. 


128  The  Expulsion  of  the  Dessi. 

.  ix  .  do  Grutbit  mac  Dubain  do  Grutbrige.1 

.  ix  .  do  umc  Buidb"  do  Bodbrige. 

.  ix  .  do  mac  Grinnir  do  JJÌtaib  do  Grinnrige.3 

.  ix  .  do  Gallaib  do  Muinrige  im  mac  Muinmind.4 
.  ix  .  do  Maine  mac  Cuinrige.5 

.  ix  .  do  mac  Dimáin  do  Darfiniu  do  Chorco  Dimaine.6 

.  ix  .  do  macco  Ennaì  Uniche  di  Gallaib  do  Chorcco  Uniche.7 

Coeca8  do  Glasschatt  mac  Ailella  Auìuim  di  Chattraige.3 

Coeca  do  trib  maccaib  Mathrac/í  maic  Ailella  Auluimb  do 
Dal  maic  Cuirb.10 


Coeca  Tidil11  maic  Ailella  Auliw'm  do  Dal  Tidil  Cichich  forsa 
mbatar  .  iii  .  cicheich.12 

.  ix  .  do  Magneth13  Gall  do  dal  Magned.13 

.  ix  .  Michoil  do  Dairfin[i]  u  di  Dal  Michoil.11 

1  Gubrith   m«ccu   Buén    cìiata   Gubtrige  2  do   maccaib  Bodb 

3  Grán  diata   Granrige   di   Hultaib  4  L.   omits    this  paragraph. 

5  do  m«c  Ainiu    maic  Cuirir  diata  Cuirrige  6  Dímáini   di  Darin 

dia-[fo.    101    a  2]   tá    Corco    Din  7  Endi    Uiniche    diatat    Corco 

Huiniche      do     Gallaib  8  Coíca     fer  9  diata      Catriee. 

m  O 

10  Mathrach  m«î"c  Ailella  Auluim.  Ingen  Firgair  a  mathair,  diata 
dal  Mathrach.  Cóica  d'úib  maic  Cviirp  maic  Ailella  Auluim  diatút  dál 
m«ic  Cuirp.  ll  cóica  di  huib  Didil.  12  dál  Didil  cét  cíge  forsarabí. 
13  Maignén         ll  Mechon   m«c    Dare   di   Darine    diata   dál   Mechon 


The  Expîilsion  of  the  Dessi.  129 

Nine    men   of   Grutbit    (Grubrith    maccu    Buen),    son    of 

Duban,  from  whom  are  the  Grutbrige  (Gubtrige). 
Nine  men  of  the  son  of  Bodb,  from  whom  are  the  Boclb- 

rige. 
Nine  men  of  the  son  of  Grinner   (Gran)    of  Ulster,  from 

whom  are  the  Grinnrige  (Granrige). 
Nine  Gauls  of  Muinrige  with  the  son  of  Muinmend. 
Nine  men  of  Maine  (of  the  Son  of  Ainiu,  son  of  Cuirer) 

from  whom  are  the  Cuirrige. 
Nine  men  of  the  son  of  Dimain  of  Darfine,  from  whom 

are  the  Corco  Dimaine. 
Nine  men  of  the  descendant  of  Enne  Uniche  of  the  Gauls, 

from  whom  are  the  Corco  Uniche. 
Fifty  men  of  Glaschatt,1  son  of  Ailell  Aulom,  from  whom 

are  the  Cattraige. 
Fifty  men  of  the  three  sons  of  Mathri,2  son  of  Ailill  Aulom 

(Fergair's  daughter  was  their  mother),  from  whom  are 

the  Dál  Mathrach.     Fifty  men  of  the  descendants  of 

Mac  Corp,  son  of  Ailill  Aulom),  from  whom  are  the  Dál 

Maic  Chuirp. 
Fifty  men  of  Tidel,  son  of  Ailill  Aulom,  from  whom  are 

the  Dál  Tidil  Cíchich,  on  whom  were  three   (a  hundred) 

teats. 
Nine  men  of  Magneth  (Maignen)  the  Gaul,  from  whom 

are  the  Dál  Magned  (Maignen). 
Nine  men  of  Michol  (Mechon,  son  of  Dare)   from  Darfine, 

from  whom  are  the  Dál  Michoil  (Mechon). 


1  He   is   called   Glass   Catha,   and   his  descendants   Cathraige  in 
LL.  3196. 

2  He   is  called  Mathreth,  and   his    descendants    Dál   Mathra   in 
LL.  3196. 

K 


1 30  The  Expulsion  of  the  Dessì. 

Tri    nonbuir    do    maccaib    Dorchon  maic  Huair    do    Dal 

Dorchon.1 
Tri  nonhuir  do  maccaib  Luig-ne2  di  Ernaib  do  Dal  Luigni. 

Coeca  do  trib  maccaib  Nuidni  maic  Conrui  do  Dal  Nuidni.3 

.  ix  .  do  trib  maccaib  Niamdse  di  Dal  Niamdse.4 

.  xi  .  do  Loiscniu  mac  Cuinniath  do  Dal  Loscind.6 

Tri  lege0  Eithne  TLuathaig  cliata  Dal  Niathlega.7 


Tri  maic  Moga  Caintich  do  Dal  Mogaide." 


Tri  maic  Cairinne  cerdda  do  Cherdraige.9 

Lsemman10  mac   Niathaía  maic  Briuin,    is    e  cetnagaibed 

giallu  Ferchair.     Eathbrithem. 
Csechros  mac  Fiaich  cetarogaib  cath  n-Inde  do  laim.11 

24.  Teora  hingena  Ernbraind,  Mell  7  Belge12  7  Cinnu, 
dochuatar  co  Crimthann13  a  triur,  cach  hseu  i  ndiaid  araile. 
Sil  Mella  o  Meill.  Hŵ  Beilge  o  Beilge.15  Eithne  namma 
ruc  Cinnu  do.16 

25.  0  doluid  iarum17  Corbmac  asa  rige"  iarna  gollad19 
do  Oengus  mac  Artchuirp,   gabaẃ  Carpre  Liphec/iar  in 


20 


1  L.  omits  this  paragraph.  2  d'uib  Luigni  Leithduib  3  Noidne 
diata  dal  Nuidn  .  i  .  maîc  Chonrú  mrric  Dare  *  Nimde  diata  dal 
Nimde         °  Luiscniu   mac  Cumenath  diata   dal   Luiscni  °  .  iii  . 

laigni  7  Mathlego  (sic)  s  Mugo  maic  Cuthig  diata  dal  Mugith. 

n  Tri   maic  Arme    cerda    diatat  Cerdraige  10  Lasbán  ' '  rogab 

giallu  Fer  nGair  robo  brithem  rainni  caich  Ros  mac  Féice  cetnaragaib 
cath  nlndide  do  laim  12  Belc  ,:1  Crimthan  14  dib  lä  Belc 
10  conid  hí  side  dalta  nanDéisi  7  rl.  add.  L.  '7  tra  ,s  rígu  ln  cháichad 
20  om  L. 


The  Expulsìon  of  the  Dessì.  1 3 1 

Three  times  nine  men  of  the  sons  of  Dorchu,  son  of  Uar, 

from  whom  are  the  Dál  Dorchon. 
Three  times  nine  men  of  the  sons  Luigne  (Lethdub)  of  the 

Erainn,  from  whom  are  the  Dál  Luigni. 
Fifty  men  of  the  three  sons  of  Nuidne,  son  of  Curoi  (son 

of  Dáre),  from  whom  are  the  Dál  Nuidni. 
Nine  men  of  the  three  sons  of  Niamda  (Nimde)  from  whom 

are  the  Dál  Niamda  (Nimde). 
Nine  menof  Loiscne  (Luiscniu)  sonof  Cuinnia  (Cmnenath), 

f rom  whom  are  the  Dál  Loscind  (Luiscni) . 
Three  leeches  of  Ethne  the  Dread,  from  whom  are  the 

Dál  Niathlega. 
Three  sons  of  Mug  Caintech  (son  of  Cuthech),  from  whom 

are  the  Dál  Mogaide  (Mugith) . 
Three  sons  of  Cairinne   (Arme)  Cerd,  from  whom  are  the 

Cerdraige.1 
Laemman,  son  of  Niathach,  son  of  Briun,  'tis  he  who  tìrst 

took  hostages  of  the  Fir  Ghiir.2     He  was  a  seer-judge. 
Caechros,    son    of   Fiach   (Feice),    who   first  pledged   the 

battalion  of  Inde  (?) . 

24.  The  three  daughters  of  Ernbrand,  Mell  and  Belc 
and  Cinniu  were  all  three  married  to  Crimthann,  one 
after  another.  From  Mell  are  the  Síl  Mella,  from  Belc  the 
Hui  Beilce.     Cinniu  bore  Ethne  only  to  him. 

25.  Now,  when  Cormac,  after  having  been  blinded  by 
Oengus,  son  of  Artchorp,  gave  up  his  kingship,  Carpre 
Lifechar  took  the  government  in  the  place  of  his  father. 
This  is  what  he  practised  every  day  before  his  father :  he 
would  put  two  fìngers  around  the   tusk-hilted  sword   and 


1  A  different  account  of  the  origin  of  the  Cerdraige  Tuilche  Gossa 
will  be  found  in  O'Curry's  Lectnres,  iii,  p.  207,  from  LL.  320/. 

2  The  Fir   Gair  were    descendants  of  Brecc  mac  Artchuirp.     See 
LL.  3286. 

K  2 


1 3  2  The  Expulsioii  of  the  Dessi. 

ûaith  ar  belaib  a  athar.  Is  i  abairt  dognid1  Cormac  ar  a 
belaib  cach  dia  .  i  .  dobered  a  da  raer  immun  colg2  ndet  7 
a  mer  hi3  timchul  lainne  in  sceith.  Is  ed  noinchoisced 
sain,  slaidi  mui[n]ẅe  Cairpre  immun  mBom[n]  sanchan 
[fo.  73  a  2]  .  i  .  do  cach  leith.4  Is  de  doloinsich3  hi  crich 
Lagen.  O  rabi6  Fiachu  Sraipíẁie  7  Colla  Huais7  7  Colla 
Mend  do  Mugfdornaẅ8  riff  na  nDeisse9  .  i  .  Brecc  mac 
Arttchuirp,  rochartsat  Laigen  (sic)  uaid10  siar  for  Commur 
trian  in  tsluaig.  Tuait  do  Chassiul  do  chuingid  chobrad  o 
Oensrus.  Is  annsin  marbais  Fedelmid  Clar  moc  hui  Braichte 
7  Anlathe  mac  Eogain  i  n-Etarbaine.  Is  de  ata  Carn 
mBrigti  ingen11  Dubthaich  maic  Duib  maic  Lugdacẁ  di 
Ultaib. 

26.  In  trian  iarwm  doluid  atuaid,  hit  e  turcaibset  inn 
ingin  .  i  .  Eithni  Uathac/i  ino-en  Crimthamw.  Moalle 
longsigset  Os&irgi  7  Corco  Laigo'i,  ar  it  he  batar  ech —  ech — . 
Ar  gabsat  o  Chomniur  tri  n-usce  co  Birra  Lage??,,  i  mbatar 
hi  tir  Osairt/e,  co  Heochair  anair.  Is  de  ata  Ath  Fothart 
7  Daire  Lage/i  la  üossairgi.  Is  inund  aimser  hi  lotar12  na 
Deisse  for  Gabruan13  7  Fene  for  Fid  Mar  7  Fothairt14  for 
Gabruan  sair.  Ar  robatar  Fothairt  for  longais  iar 
nGabran10  iar  nguin  Echac/t  Domplen  maic  Carpre  Lip/t- 
echair  do  Sarniad10  m«c  Cirb17  brathair  Bronaich  do 
Fothartaib.1* 


1  ba  sí  a  brtth  (sic)  dogniad  2  cail^-  3  om.  '  in- 

rochosecht  troso  dani  sladi  muintîVe  Coirpri  sainchan  immon  Boind 
di  cach  leith  °  dolonget  °  ho  robíth  arna  ragegain  7  Condla 

Hos  (sic)  diatat  IIúi  maìc  Guais  s  diatat  Mugdornse  9  [fo.  102 

a    2]    geognaitir    rí    na    nDéisi  l0  leg.    Laigin    uaidib  u  leg. 

ingine  l2  tulatar  1S  Gabran  u  Fothart  15  Fothart     iar 

longis    for    Gabran  16  Seminaith  17  Coirpri  18  diatat  Hui 

Bronaich  la  Fotharta  7  rl. 


The  Expulsion  of  the  Dessi.  133 

one-finger  around  the  boss  of  the  shield.  In  that  way  he 
was  instructed  to  slay  the  people  of  Carpre  011  either  side 
of  the  Boyne.  Hence  they  went  into  exile  into  the  terri- 
tory  of  Leinster.  After  Fiachu  Sraiptine  and  Colla  Uais 
and  Colla  Menn  of  the  Mugdoirn  had  slain  the  king  of 
the  Dessi,  Brecc,  son  of  Artchorp,  the  nien  of  Leinster 
drove  one  third  of  the  host  westward  to  Commur.  They 
sent  to  Cashel  to  ask  help  of  Oengus.  'Tis  there  he  killed 
Fedelmid  Clar,  the  descendant  of  Brigit  and  Anlathe,  son 
of  Eogan,  in  Etarbaine.  Hence  is  the  Cairn  of  Brigit, 
daughter  of  Dubthach,  son  of  Dub,  son  of  Lugaid,  of 
Ulster.1 

26.  Now,  the  third  who  came  from  the  no^'th,  'tis 
they  that  reared  the  maiden  Ethne  the  Dread,  the 
daughter  of  Crimthann.  The  men  of  Ossory  andthe  Corco 
Laigdi  went  into  exile  together,  for  they  .... 
They  took  land  from  the  Meeting  of  the  Three  Waters 
as  far  as  Birr  in  Leinster.  When  they  were  in  the  land 
of  Ossory,  as  far  as  Eochair  in  the  east.  Hence  the  Ford 
of  the  Fothairt  and  the  Oakwood  of  Leinster  in  Ossory 
are  so  called.  At  the  same  time  the  Dessi  went  to 
Gabruan  (Gabran)  ancl  the  Féni  to  Fid  Már  and  the 
Fothairt  to  Gabruan  (Gabran),  in  the  east.  For  the 
Fothairt  were  in  exile  in  Gabruan  (Gabran),  after  Echu 
Domlen,  son  of  Carpre  Lifechar  had  been  slain  by 
Sarniad  (Seminaith)3  the  son  of  Cerb,  the  brother  of 
Bronach,  of  the  Fothairt. 

1  Cf.  LL.  328«  :  Secht  maic  Brigti  ingine  Dubthaig  de  Ulbaib  : 
Irruis,  Fedlimid  Clár,  a  quo  Húi  Chláre.  Iss  ed  a  charn  iil  i  n- 
Etarphainiu. 

2  I  can  make  nothing  of  ech —  ech — . 

3  He  is  called  Seniach  by  Tigernach  (Rer.  Celt.,  xvii,  p.  23),  Sémeon 
by  the  Four  Masters,  a.d.  284.  In  a  poem  in  LL.  486.  50  Echu  Domlén 
is  said  to  have  been  slain  by  Senioth  and  Sarnia : 

Senioth,  Sarnia,  /ioco  chel, 
is  iat  romarb  Eocho  Domlén. 


1 34  The  Expidsion  of  the  Dessi. 

27.     Forsluinte  Dal  FiachacÄ  Suidge. 

Semuinrige,  Nechtraige,  Bentraige,  Odraige,  Osraige, 
Bruirige  o  Bruru  mac  Artharu  rig  Cruthni,  Sordraige, 
Latraige,  Carraige,  Gabraige,  Cairige,  Mentrige,  Rotraige, 
Rudraige,  Blairige,  Ranrige,  Luidrige  .  i  .  fer  luid  hi  sid, 
Callraige  .  iii  .  maic,  Bodraige,  Lubentraige,  Crobentraige, 
Corco  Che,  Corco  Ainige,  Corco  Ditheeh,  Dal  Mechoin, 
T>ál  Mathrac/í,  Dál  Maigne,  Dál  Luigne,  T)äl  Me?icuirp, 
Dal  nlnidse,  Däl  nUidne,  Dál  nDorchon,  Dorchu  mac 
Linne,  Dál  Luiscne.  Hit  he  insin  dia  ngairíer  Deisse  .  i  . 
ar  dihuaise  nó  ar  diahuaise  .  i  .  ar  immad  al-lamdia,  nó  ar 
huaise  nô  ar  deisse  nô  ar  diuisse  nó  ar  gaire  ind  inaid 
asrogeinset  nó  ara  ndifisse,  a.maü  ata  a  tuirim  7  a  taiririud 
7  a  toirge  la  cac/ì.  Teora  bliadwa  frichat  o  doludsat1  na 
Deisse  o  Themaî'r  co  tucsat  Lagin  dorair  doib  f or  Gabruan2 
7  for  Commur3  Tri  nUsci  iar  maidm  secht  catha  foi-thu.4 


1  dolotar  -  Gabrán  3  7  Chommor  4  forsna    Déisi    7   rl. 

( end  of  Land). 


The  Expnlsion  of  the  Dessi.  135 

27.     The  b^^-names1  of  the  Divisions  of  Fiachu  Suidge. 

Semuinrige,  Nechtraige,  Bentraige,  Odraige,  Osraige, 
Bruirige  from  Bruru,  son  of  Artharu,  king  of  the  Picts, 
Sordraige,  Latraige,  Carraige,  Grabraige,  Cairige,  Mentrige, 
Eotrige,  Eudraige,  Blairige,  Eanrige,  Luidrige  (viz.  a  man 
whowentinto  an  elfmound),Callraige  (threesons),Bodraige, 
Lubentraige,    Crobentraige,    Corco    Che,2    Corco   Ainige, 
Corco  Dithech,  Dál  Mechoin,  Dál  Mathrach,  Dál  Maigne, 
Dál  Luigne,  Dál  Menchuirp,  Dál  nTnidse,  Dál  nUidne,  Dál 
nDorchon  (Dorchú  mac  Linne),  Dál  Luiscne.     These  they 
are  who  are  called  Dessi,  for  their  great  nobleness3  or  for 
the  nobleness  of  their  gods,   i.e.  for  the  nuniber  of  their 
idols,  or  for  their  skilfulness,  or  for  their  great  justice, 
or  for  their  love  of  the  place  in  which  they  were  born,  or 
for  their  great  celebrit}r,  since  their  expedition  and  their 
wanderings  and  their  marchings  are  known  to  every  one. 
It  was  thirty-three  years  after  the  Dessi  went  from  Tara 
that  the  men  of  Leinster  gave  them  battle  at  Gabruan  and 
at  the  Meeting  of  the  Three   Waters,  after  having  routed 
the  Dessi  in  seven  battles. 

1  forslondufl  '  over-name,'  as  distinguislied  from  prím-slondud 
(LL.  312«).  Cf.  dá  prím-acmi  déc  do  Ernaib  7  cethri  f orslointe  fichet 
.  i  .  dá  forslonnud  cach  aicme,  LL.  324í?. 

-  Cf.  De  Chorco  Che,  LL.  327e. 

3  These  are  etymological  speculations  011  the  name  of  Déssi. 


By  j.  arthur  price,  b.a. 


Introduction. 

More  than  one  Welshman  has  asked  me  whether  it  would 
be  not  as  sensible  to  write  on  the  snakes  of'  Iceland  as  on 
the  Jacobites  of  Wales.  The  idea  that  underlies  this 
remark  maj  be  unhistorical,  but  it  illustrates  the  difficultj 
of  the  inquirj  to  which  this  paper  is  a  feeble  contribution. 
The  religious  revival  of  the  eighteenth  centurj  in  Wales 
turned  Welshmen's  thoughts  in  a  direction  far  awaj  from 
the  cult  of  "the  White  Eose  of  Arno,"  (David  Morgan's 
poetical  name  for  Prince  Charlie)  and  Welsh  Jacobitism 
is  to-daj  so  extinct  a  tradition,  that  it  does  not  seem 
absurd  to  question  its  verj  existence. 

That  Wales  in  the  eighteenth  centurj  was  far  more 
Jacobite  in  political  sentiment  than  was  England  is  a  fact 
which  to  those  who  have  studied  the  question  must 
nevertheless  seem  indisputable.  To  those,  whom  ignor- 
ance  makes  sceptical,  I  maj  recall  a  few  facts.  The 
greatest  test  of  a  political  faith  is  its  constancj  to 
death.  Even  after  Culloden  there  still  lived,  as  the 
pages  of  Redgauntlet  show,  in  the  hearts  of  the  faithful 
few  a  hope  of  aid  for  the  Prince  from  the  land  of 
Wales,  where  the  names  Cavalier  and  Roundhead  were 
still  in  common  parlance  as  partj  names.  And  the 
hope  was  not  without  some  foundation.  As  late  as  1751 
an  almanac  that  found  its  waj  into  the  peasant  farms  of 
Wales,  preached  treason  to  the  powers  that  were,  in  the 


Side  Lights  011    Welsh  Jacobitism.  137 

following  verses,  the  homage  of  a  Welsh  Eedgauntlet  to 
the  clying  Rose  : — 

(Almanac,  Sion  Prys,  1751.) 
"  Y  peth  a  haeddeu  ei  ystyried  yn  fwyaf  arbenig  yn  y  flwyddyn  hon 
yw  Diffygiadeu'r  Lleuad  ar  peth  i  maent  yn  ei  arwyddo :  ni  feiddiaf 
moi  egluro,  ond    mewn    Heroglyphîcs  ar   ol   athrawiaeth  un  Michael 
Nostradamus. 

"  Llid  yw  affaith  lliw'r  Diftyg — ei  Frydain 
Afrwydd-deb  a  Dirmig 
H  ....  f  ....  d,  ddwfn  Ryfig 
O  lwynau  Diawl  a  luniodd  y  dig. 

"  Boed  enwog  eurog  ei  Siar-las  wrol 
Lwys  arail  ddigymmar, 
St  .  .  .  r  .  .  .  d  hynaws  diwar 
Ein  Tywysog  bach,  tofia  ei  bar."1 

Perchance,  even  then,  there  were  Welshmen  who  went 
an  inch  beyond  the  homage  of  wine  and  song.  We  know 
now,  thanks  to  Mr.  Andrew  Lang's  researches,  that  the 
picture  of  the  collapse  of  Jacobitisni  in  the  fìasco  of  the 
rebellion,  portrayed  in  the  last  chapters  of  Redgauntlet, 
depicts  in  its  main  details  an  over  true  scene.  Readers  of 
these  chapters  will  remember  Sqnire  Meredyth  and  his 
Shakesperian  Welsh. 

Of  the  strength  of  Welsh  Jacobitism  at  an  earlier  period 
there  can  be  no  question. 

In  the  '45  the  two  most  dangerous  men  South  of  the 
Tweed,  in  the  opinion  of  English  Whigs,  were  Sir  Watkin 
Wynn  (the  Brutus  of  Charles  Edward's  correspondence)  and 

1  I  would  suggest  the  following  as  a  free  English  rendering  of  the 
above.  "  The  changes  in  the  Moon  and  what  they  portend  call  for 
especial  note  this  year.  I  dare  not  explain  them  except  through 
hieroglyphics  according  to  the  doctrine  of  Nostradamus."  "  The  hue 
of  the  eclipse  of  the  moon  portends  wrath,  disquiet,  and  scorn.     The 

blasphemous  Hanoverians,  born  of  the ,  have  brought  on  this 

feeling  of  wrath.  May  the  brave  Charles,  unrivalled  in  grace,  be 
glorious  and  crowned  with  gold,  O  Stuart,  guileless  and  kindly, 
our  dear  Prince,  tame  their  unruly  ways." 


138  Side  Lights  011    Welsh  Jacobitism. 

the  Duke  of  Beaufort,  and  they  were  both  Welsh  land- 
owners.  The  Cycle  Club  in  Denbighshire,  which  was 
closely  associated  with  the  Wynn  family,  and  existed  down 
to  our  own  day,  was  without  doubt  at  one  period  an  im- 
portant  political  organisation,  and  there  is  no  doubt  some 
truth  in  the  story,  that  Chambers,  in  his  History  of  the 
Rebellion  in  1745  (vol.  i,  p.  272  et  post),  tells  us  on  the 
authority  of  a  Welsh  friend,  that  at  the  time  when  the 
Highland  hosts  turned  back  on  Derby  a  number  of  Welsh 
Squires  were  riding  hard  to  join  Prince  Charlie's  banner, 
and  only  turned  back  when  they  heard  of  the  retreat,  and 
that  ever  after  "  he  was  of  the  company  most  accounted, 
who  had  ridden  furthest  on  the  way." 

Now,  if  the  sceptic  still  insists  that  such  facts  as  those 
that  I  have  mentioned,  only  prove  the  sentiments  of  the 
Welsh  aristocracy  and  Bards,  it  is  only  necessary  to  refer 
him  to  the  curious  facts  relating  to  the  Jacobitism  of  the 
lower  orders  in  Wales,  collected  in  Mr.  Hobson  Matthews' 
recent  collection  of  Cardiff  documents,  thoug-h,  perhaps,  an 
even  strong-er  proof  is  furnished  by  the  savage  riot  with 
which  the  miners  of  Rhôs  g-reeted  the  accession  of  the  House 
of  Brunsvvick  to  the  Engiish  throne.  Welsh  Jacobitisni 
being*,  then,  an  unquestioned  fact,  it  is  surely  time  to  study 
its  history  before  the  disappearance  of  documents  and  the 
failure  of  tradition  render  the  work  impossible. 

Pabt  II. 

Sir  Watkin  and  David  Moegan. 

To  Welshmen  the  two  most  interesting  things  in  con- 
nection  with  the  '45  are  the  waiting  of  Sir  Watkin  Wynn 
and  the  fate  of  David  Morgan. 

On  the  fìrst  point  I  can  now  say  little,  though  I  hope 
on  another  occasion  to  return  to  the  subject. 


Side  Lights  on    Welsh  Jacobitism.  T39 

Two  facts  about  Sir  Watkin's  attitude  we  know  withont 
dispute.  As  the  Highland  host  entered  England  they 
received  a  inessage  to  the  effect  that  Sir  Watlrin  had  been 
with  the  citizens  of  London,  whom  he  found  as  well 
disposed  as  ever  to  treat  with  the  Prince.  "  The  Elector  of 
Hanover  and  his  Ministry's  interests  decline  so  fast  that 
Sir  Watldn  says  nobody  now  will  accept  of  their  places 
and  employments,  which  throws  them  into  the  greatest 
distraction  "  (Ewald's  Life  of  Prince  Ghavles  Edward  Stuart, 
p.  181  ;  Wales,  1894,  p.  19).  And  we  know  also  that  the 
Prince  wrote  in  after  days  to  his  father:  "  Mr.  Barry 
arrived  at  Derby  two  days  after  I  parted.  He  had  been 
sent  by  Sir  Watkin  Wynn  and  Lord  Barrymore  to  assure 
me,  in  the  name  of  my  friends,  that  they  were  ready  to  join 
me  in  whatever  manner  I  pleased,  either  in  the  capital  or 
everyone  to  rise  in  his  own  country"  (Stanhope's  History 
of  England,  vol.  ii,  p.  415). 

So  much  for  undisputed  facts ;  but  on  these  facts  two 
different  conclusions  are  formed.  Mr.  Andrew  Lang,  who 
is  uncpiestionably  the  highest  living  authority  011  Jacobite 
history,  considers  Sir  Watkin's  Jacobitism,  like  that  of 
many  English  Peers,  to  have  been  of  the  Platonic  order, 
that  abstained  deliberately  from  taking  any  practical  step 
until  the  day  after  the  fair.  The  other  view,  which  is  put 
forward  in  that  charming  story,  For  the  White  Rose  of 
Arno,  is  that  Sir  Watkin  and  his  friends  were  ready  to 
take  up  arms,  and  actually  despatched  a  messenger  to  the 
Prmce,  as  soon  as  he  entered  England.  This  messenger, 
according  to  the  story,  had  the  bad  luck  to  get  intercepted. 
Thus,  when  the  Highland  chief s  at  Derby  offered  to  continue 
the  advance  if  the  Prince  could  produce  a  letter  from  a 
single  nobleman  or  gentleman  in  England  or  Wales 
f  avourable  to  his  cause,  Sir  Watkin  had  already  written. 
The  despatch  of  Barry  was  on  this  view  a  second  attempt 


140  Side  Lights  011    Welsh  Jacobitism. 

to  get  into  communication  with  the  Prince.  Certainly 
the  story  that  many  Welsh  gentlernen  were  riding  to 
join  the  army  which  I  have  mentioned,  also  seems 
to  show  that  Sir  Watkin  was  ready  and  in  earnest. 
There  are,  so  far  as  I  have  as  yet  been  able  to  learn, 
no  documents  in  existence  that  throw  much  light  on 
the  subject  one  way  or  the  other;  the  story  indeed 
is  that  on  the  retreat  of  the  Prince,  Lady  Wynn  burnt 
all  the  papers  that  would  have  incriminated  her  husband, 
his  friends  of  the  Cycle,  and  in  fact  most  of  the 
Gentlemen  of  North  Wales.1  It  is  at  least  a  significant 
fact  that  the  Prince,  in  the  Council  at  Derby,  when  the 
chiefs  refused  to  continue  the  advance  on  London,  is  said 
to  have  vainly  suggested  that  in  place  of  retreating  on 
Scotland,  the  army  should  march  through  Wales. 

With  regard  to  David  Morgan,  I  am  in  a  position  to 
add  something  to  what  is  generally  known.  Up  to  the 
present  time,  the  chief  authority  for  the  life  of  that 
unfortunate  Welshman  has  been  the  biographical  sketch 
by  Llewellin,  and  the  record  of  his  fate  in  the  State 
Trials.  For  readers  who  are  not  accjuainted  with 
Llewellin's  Memoirs  (published  at  Tenby  1862),  I  may, 
perhaps,  here  reprint  a  summary  of  Morgan's  early  life, 
taken  from  that  work. 

"The  most  energetic  of  all  the  Jacobites  of  the  South" 
(i.e.  South  Wales)  "  was  Thomas  David  Morgan,  Barrister- 
at-Law,  of  Pen-y-Graig  and  Coed-y-Gorres.  David  Morgan 
was  a  scion  of  the  house  of  Tredegar,  and  so  the  blood  of 
Ivor  Hael  ran  in  his  veins.  His  father  was  Thomas 
Morgan,  who  in  1682  was  under-sheriff  of  the  county  of 
Glamorgan.      His  mother,  from    whom    he    probably  in- 

1  This  story  was  told  to  my  informant  by  the  late  Mr.  Wynne,  of 
Peniarth.  It  is  stated  that  the  day  after  the  burning  of  the  papers 
the  soldiers  arrived  and  ransacked  Wynnstay  for  documents. 


Side  Lights  on    Welsh  Jacobitism.  141 

herited  Pen-y-Graig,  was  the  daughter  of  üavid  Mathew, 
of  Llandaff,  bj  his  wife  Joan,  the  daughter  of  Sir  Edward 
Stradling.  He  was  also  first  cousin  of  Admiral  Mathews, 
member  of  Parliament  for  Glamorganshire.  His  wife 
appears  to  have  been  a  London  lady,  and  through  her  he 
seems  to  have  acquired  a  considerable  leasehold  property 
at  Shoreditch.  He  was  a  prominent  member  of  a  Club 
known  as  the  '  Independent  Electors  of  Westminster,' 
which  was  largely  frequented  by  the  magnates  of  the  city. 
In  the  opinion  of  the  author  of  a  disgraceful  pamphlet 
written  after  his  death,  and  put  in  the  form  of  a  speech 
by  his  g'host  to  the  members  of  this  Club,1  allthe  members 
foniented  the  insurrection  for  which  the  unlucky  Welsh- 
man  alone  died.  Two  interesting  facts  in  connection  with 
Morgan's  relations  with  this  Club  the  pamphleteer  has 
also  preserved.  He  had  an  intimate  friend  in  a  Welsh 
Squire  of  Bedford  Street  (whom  I  have  failed  to  identify), 
and  he  entirely  devoted  his  attention  to  the  '  High 
Church '  party,  whom  he  sought  to  convince  that  the 
Church  had  everything  to  gain  by  a  Stuart  Restoration. 
It  also  appears  from  the  same  source  that  he  rejoiced 
warmly  at  Walpole's  fall." 

Horace  Walpole  sums  up  Morgan  as  a  "poetical 
lawyer."  And  it  is  not  surprising  if  his  muse  found  a 
theme  in  the  f all  of  Walpole,  the  great  enemy  of  the  Stuart 
cause.  Mr.  Ballinger,  the  Librarian  of  the  Cardiff  Eree 
Library,  has  shown  me  a  printed  poeui  which  is  ascribed 
to  Morgan.  It  is  not  of  great  merit,  though  there  are 
occasional  flashes  of  powerful  satire.  It  is  in  the  main 
taken  up  with  a  denunciation  of  Walpole's  pacifìc  policy, 
and  would  mark  the  author  if  he  were  living  in  these  days 
as  a  strong  Imperialist.     In  his  prophetic  frenzy  he  almost 

1  The  pamphlet  is  at  the  British  Mviseum. 


142  Side  Lights  on    Welsh  Jacobitism. 

foresees  the  coming  triumphs  of  Chatham's  administration. 
It  is  dated  1739,  entitled  the  Country  Barcl,  and  dedicated 
to  Frederick,  Prince  of  Wales.  I  give  the  commencement 
and  conclusion  : — 

1 .  "  Since  Monarchs  by  Prerogative  are  wise, 
How  daring  the  Presumption  to  advise  ! 
How  idly  wild  our  Compliments  to  pay ! 
They  have  the  highest  made  them  every  day ; 
5.     Censure  e.rcdted  natures  can't  endure, 
Censure  is  Satyr,  and  too  rough  a  cure. 
To  compliment,  advise,  or  censure  them, 
Hence  seems  an  awkward  and  imprudent  scheme, 
Nor  is  it  less  a  misdemeanour  held, 

10.     Rashly  to  say  the  hnight  hath  not  e.rceWd. 

Since  it  prevails  in  spite  of  Common  Sense, 
Whoever  hits  the  Courtier  wounds  the  Prince. 

A  Prince not  much  in  Politicks  refin'd, 

When  to  a  Courtiers  little  Arts  resign'd  ; 

15.     When  grown  the  Property  of  sycophants, 

That  know  no  candour,  and  abound  in  wants. 

Laymen  and  Priests  at  C 1  all  sympathize, 

Their  Incense  Flattery,  Truth  their  Sacrifice. 
The  haughtiest  P te,  and  the  prouclest  P r, 

20.     Obsequious  cringe  with  low  Obeisance  here." 
*  *  # 

401 .  "  If  Virtue  can  divert  the  Storms  of  Fate, 

Let  our  few  Patriots  save  our  sinking  State. 

Our   P[r]ay'rs  are  heard,  arm  Britons,  scour   the 

Main, 

A  few  Broadsides  shall  humble  haughty  Spain. 
405.     See  dawning  Hope  creaks  on  us  from  afar, 

Too  long  obscur'd  in  Peace,  declares  for  War. 

Bright  she  advances  from  yon  azure  Sky, 

Big  with  success,  and  fraught  with  Victory. 

Resume  your  Spirit,  Britons,  arm  again, 
410.     Heav'n  will  support  us,  if  we  act  like  Men." 

The  two  following  MS.  poems  in  the  Cardiff  Free 
Library,  the  one  a  circuit  song,  the  other  a  sarcastic  poem 
on  the  marriage  of  a  young  vicar-choral  of  Llandaff 
Cathedral    with     an     old    lady,    are     more     interesting. 


Side  Lights  on    Welsh  Jacobitism.  143 

The  latter,  in  particular,  throws  an  interesting  light  on 
the  condition  of  the  Church  as  seen  from  the  eyes  of  a 
sympathetic  High  Churchman  in  the  middle  of  the 
eighteenth  century. 

"To    the    Bare   on   the    Welsh   Circuit. 

"  By    COUNSELLOR    ÜAVID    MoRGAN.  x 

I 

"  Friends  !  frankly  I  send  you  my  Thoughts, 
To  my  Ballad  give  Ear  ; 
I  promise  it  free'er  from  Faults 
Then  this  here  and  that  there.2 

2 
"  O  Wales  !  how  unhappy  thy  Fate, 
Beyond  doubt  it's  severe  ; 
Thy  Judges,  the  Farce  of  the  State, 
Are  thìs  here  and  that  there. 

3 

"  Which  of  them  is  worst,  or  is  best, 
The  moot  Question  forbear  ; 
Poor  Creatures,  by  all  its  confest, 
Are  this  here  and  that  there. 

4 
"  This  here,  what  a  formal  dull  Fool ! 
That  there  what  a  Bear  ! 
All  Ministers  have  a  sure  tool, 
Tn  this  here  and  that  there. 

5 
"  Wliat  a  Void  and  a  Chaos  of  Mind, 
In  their  judgment  appear  ! 
To  Justice  and  Candour  stark  blind 
Are  this  here  and  that  there. 

6 
"  When  obvious  Point  tliey'd  explain, 
They  puzzle  what's  clear  ; 
All  they  say,  and  more  than  they  mean, 
Are  this  here  aud  that  there. 


From  Ph.  MSS.,  No.  14970.  2  Judges  Carter  and  Proctor. 


144  Side  Lights  on    Welsh  Jacobitism. 

7 

"  To  say,  woulcì  be  wickedly  odd, 
And  so  like  a  clamn'cl  sneer, 
That  such  were  the  Image  of  God, 
As  this  here  and  that  there. 

8 
"  I'll  no  more  in  your  Circuit  regale, 
My  Companions  so  dear  ; 
But  Cambria's  hard  Fate  will  bewail, 
In  this  here  and  that  there." 


"  On  Miss  Maddoces,  afterwards  Mrs.  Price, 

of  Landaff. 

By   CoUNSELLOR   MOEGAN.  l 

"  Ilannah,  some  years  ago  a  Toast, 
By  Justice  Sly*  admir'd, 
For  Shape  and  Features  then  could  boast, 
Her  Eyes  all  youths  set  fire  ; 
Genteel  and  easy  is  her  Air, 
She  learn'd  of  Lady  Betty, 
Still  of  her  years  a  clever  Fair, 
And  justly  too  thought  pretty. 

2 
"  Long  had  she  liv'd  a  maid,  'twas  hard, 
To  man  a  perfect  Stranger  ; 
Time  had  her  Frame  somewhat  impair'd, 
Her  charms  were  in  some  danger  ; 
Pensive  one  morn  the  maid  reflects, 
Lord  !  what  have  I  been  doing  ? 
I  have  some  beauties  of  the  Sex, 
They're  surely  worth  the  wooing. 

3 

"  My  Eyes  preserve  their  Lusti-e  still, 
No  mortal  can  deny  it ; 
Resolv'd  I  am,  marry  I  will, 
If  there  be  Joys,  I'll  try  it ; 

1  From  Ph.  MSS.  No.  14970.  a  Mr.  Powel,  of  Eneyslyn. 


Side  Lights  on    Welsh  Jacobitism.  145 

Then  straight  her  Eyes  with  Lustre  glow'd, 
No  Lightning  e'er  flashed  quicker  ; 
They  roll'd  at  Prayers,  that  from  the  Pew 
Struck  thro'  the  Choral  Vicar.' 


"  The  Vicar  soon  disclos'd  his  Love, 
Supported  well  by  Grany, 
At  Fifty  Hannah  he  did  move, 
Tho'  clogg'd  with  Children  many  : 
Marry  she  must,  Fate  had  ordaiu'd, 
'Gainst  all  her  Friends'  Persuasion  : 
Nought  else  could  please,  'twas  all  in  vain, 
Her  Parts  in  Agitation." 

"  Made  to  her  Brother,  who  married  a  good  Fortune  in  London, 
which  he  spent  in  entertaining  Sir  Robert  Walpole  and  other  great 
men  in  espectation  of  a  Bishoprick. 

"  Our  Brother  does  much  assume 

At  Hannah's  Indiscretion  ; 
O  !  Brother  George,  look  once  at  Home, 

You'U  see  as  odd  a  Passion  ; 
Twelve  hundred  Pounds,  quoth  George,  she's  mad, 

To  Choral  Vicar  given  ; 
While  he  twelve  thousand  pounds  has  had, 

Priests  marry  sure  in  Heaven." 

The  account  of  tlie  part  played  by  David  Morgan  in 
the  '45,  alike  in  Llewellin's  Memoirs  and  in  the  Wliite  Rose 
of  Arno,  is  drawn  f roni  the  proceedings  against  him  in  the 
State  Trials  (vol.  xviii,  pp.  371-394).  Two  facts  of  im- 
portance  have  also  been  added  by  Llewellin,  the  local 
tradition  of  his  talk  with  the  smith  at  Efail  Llancaiach, 
when  starting  on  the  fatal  expedition,  and  his  remark  to 
Vaughair  011  the  fìrst  day  of  the  retreat  from  Derby,  when 
the  latter  declared  that  whereyer  the  arniy  went  he  was 


1  Mr.  Price. 

2  There  were  two  of  the  Court-field  Vaughans  out  in  the  '45, 
William  and  Richard.  See  article  on  William  Vaughan,  Dictionary 
of  National  Bioyraphy,  vol.  lviii,  187. 

L 


146  Side  Lights  on    Welsh  Jacobitism. 

determined  to  go  with  them,  which  is  taken  from  Lord 
Elcho's  Memoirs. 

The  report  of  the  trial  shews  that  David  Morgan,  in 
company  with  a  friend,  joined  the  Jacobite  army  at 
Preston,  and  accompanied  them  as  a  volunteer  to  Derby, 
taking  a  prominent  part  in  arranging  the  plans  of  the  cam- 
paign,  and  being  known  as  the  "  Pretender's  counsellor  ", 
that  he  followed  their  retreat  to  Ashburne,  where  he  left 
them  and  proceeded  to  Stone,  where  he  was  arrested  on 
suspicion.  He  was  finally,  as  is  well  known,  executed 
at  Rennington  Common,  on  July  30th,  1746. 

The  briefs  of  the  counsel  engaged  in  the  prosecu- 
tion  of  the  Jacobite  prisoners  are,  however,  preserved 
in  the  British  Museum,  and  from  a  study  of  the  brief 
relating  to  David  Morgan,  I  am  enabled  to  throw 
considerably  fresh  light  alike  011  his  journey  to  join  the 
Prince's  army,  and  on  the  position  held  by  him  in  the 
army  after  he  had  joined  it. 

The  evidence  of  John  Barry  (or  Berry)  occupies  only 
seventeen  lines  in  the  State  Trials  report,  and  as  to  the 
unlucky  ride  of  Morgan  to  Preston,  he  merely  states  that 
he  came  out  of  Monmouthshire  with  his  Master  and  "  the 
defendant,"  and  that  they  joined  the  Prince's  army  at 
Preston.  The  proof,  however,  of  John  Barry  in  the  brief 
enables  us  to  follow  Morgan  and  his  friend  throughout 
their  journey.  The  proof,  which  is  of  suflîcient  import- 
ance  for  a  full  transcription,  is  as  follows  : — 

"That  he  (Barry)  was  servant  to  Mr.  William  Vaughan  in  Mon- 
mouthshire,  and  in  the  beginning  of  November,  last"  (of  course  1745), 
"  his  master  told  him  that  he  was  going  a-shooting  at  Mr.  Berkeley's 
of  Speechly  in  Worcestershire,  and  bid  him  get  a  couple  of  fowling 
pieces  and  the  spaniels  ready  in  the  morning,  and  they  went  to 
Mr.  Berkeley's  and  stayed  there  one  night,  and  then  his  master  met 
with  the  defendant  Morgan,  and  from  thence  his  master  and  Mr. 
Morgan  went  to  Mr.  FitzHerbert's  house  in  Staffbrdshire,  and  stayed 


Side  Lights  ou   Welsh  Jacobitism.  147 

there  one  night,  and  then  went  to  a  gentleman's  house  near  Leigh,  in 
Lancashire — but  floes  not  remember  his  name — and  stayed  there 
two  nights.  And  then  went  to  Preston,  and  stayed  there  all  the  night 
before  the  rebels  came,  and  he  says  he  and  Mr.  Morgan's  servant  were 
ordered  by  their  masters  to  take  the  horses  to  Walton  (about  a  mile 
north  of  Preston),  and  in  case  any  of  the  rebels  came  that  way,  then 
they  were  to  take  the  horses  to  a  village  four  miles  further  off.  And 
that  about  10  or  11  o'clock  the  said  Vaughan  and  Morgan  came  to  the 
house,  where  witness  and  the  other  servant  were  with  the  horses, 
stay'd  there  all  night  and  walhed  back  to  Preston  the  next  morning, 
and  directed  the  witness  and  the  other  servant  to  stay  where  they 
were  till  they  came  again.  And  they  came  again  about  10  o'clock 
tbe  second  night,  and  the  next  morning  directed  the  witness  and  the 
other  servant  to  take  the  portmanteau  and  horses  and  go  to  Leigh 
aforesaid  ;  but  to  wait  in  the  road  a  little  way  short  of  Leigh,  till 
they  were  corae  to  them.  And  about  4  o'clock  in  the  afternoon  he 
said  Vaughan  and  Morgan  came  to  them,  with  each  a  white  cockade 
in  his  hat,  and  then  went  to  the  same  gentleman's  house  at  Leigh 
where  they  had  been  and  lay  there  that  night ;  and  next  morning 
they  went  to  Manchester  with  the  said  cochades  in  their  hats  and 
put  up  at  a  constable's  house  behind  a  church,  but  does  not  know 
the  name,  and  he  attended  his  master  at  supper  the  second  night  he 
lay  there.  And  there  were  there  the  said  Mr.  Vaughan,  Mr.  Morgan, 
and  Mr.  Murray,  the  Secretary  to  the  young  Pretender,  at  supper  to- 
gether.  And  he  heard  Mr.  Morgan  call  him  Mr.  Murray.  And  he 
saw  Mr.  Murray  go  in  and  out  of  the  said  house,  where  Vaughan  and 
Morgan  lodged,  several  times.  And  he  says  his  master  and  defendant 
Morgan  joined  the  young  Pretender's  life  guards,  under  the  eommand 
of  Lord  Elcho,  and  rode  with  them  from  Manchester  to  Derby,  and 
his  master  gave  him  two  guns  to  carry  from  Manchester  to  Derby. 
And  he  says,  when  the  rebels  went  back  to  Manchester,  his  time 
being  out  with  his  master,  he  left  him  there.  As  he  was  going," 
he  concludes  "  he  was  taken  up  and  committed  to  gaol." 

These  statements  clear  up  several  points  of  cloubt  in 
Morgan's  story.  In  the  first  place  they  show  that  Morgan 
did  not,  as  I  thought  probable  (Wales,  1894,  p.  20), 
proceed  through  North  Wales  or  visit  Sir  Watkin  on  his 
journey,  and  therefore  relegates  some  interestinp;  chapters 
in  the  Wliite  Rose  of  Amo  to  the  region  of  fiction. 

In  whatever  negotiations,  therefore,  Sir  Watkin  may 
have  been  carrying  on  with  the  Prince  at  this  juncture, 


148  Side  Lights  on    Welsh  Jacobitism. 

Morgan  played  no  part.  It  also  clears  up  the  f urther  point 
as  to  the  companion  of  Morgan's  ride.  It  has  been  always 
supposed  that  it  was  one  of  the  two  Vaug-hans,  and  the 
proof  makes  it  clear  that  it  was  William  and  not  Richard. 
How  or  when  Richard  Vaughan  joined  the  Jacobite  army 
there  is,  so  far  as  I  know,  no  evidence.  The  remaining 
proofs  relate  to  the  action  of  Morgan  after  he  had  joined 
the  Jacobites,  and  throw  a  considerable  light  on  the  part 
played  by  him  in  the  campaign. 

Most  important  on  this  matter  is  the  proof  of  Samuel 
Maddock  or  Maddox,  the  informer  on  whose  evidence 
Morgan  was  mainly  convicted.  Maddox,  as  the  chief 
witness  for  the  Crown,  was  naturally  examined  at  con- 
siderable  length ;  and  I  do  not  think  that  any  purpose  would 
be  served  by  repeating  here  such  parts  of  his  evidence  as 
appear  in  the  State  Trials. 

Maddox's  evidence  at  the  trial  and  his  statement  in  the 
proof,  however,  contain  an  apparent  discrepancy  on  a 
small  point  to  which  attention  may  be  drawn.  In  the 
report  (p.  374)  the  informer  is  fìrst  asked  when  he  saw 
the  prisoner,  and  he  replied  at  Manchester.  He  is  next 
asked  "  Did  he  march  away  from  Manchester  with  the 
rebels?  "  and  replies  :  "  He  marched  with  them  to  Deeby, 
and  there  being  an  inforinationgiven  that  some  arms  were 
secreted  from  the  rebels,  he  gave  orders  for  a  party  of  the 
rebel  army  to  go  and  search  for  them."  Being  asked 
whether  the  prisoner  went  with  the  party,  he  adds  not  to 
his  knowledge,  and  states  that  he  saw  "  Captain  James 
Dawson  "  (whose  trag'ic  fate  Sherstone  has  told  in  verse), 
"  deliver  him  a  pair  of  pistols."  In  the  proof,  however, 
Maddox  states  that  the  search  for  arms  took  place  at 
Manchester.  The  proof  on  this  point  is  as  follows : 
"  When  the  rebels  came  to  Manchester  he "  (Maddox) 
"  saw  the  Defendant  among  them  with  a  white  cockade  in 


Sicie  Lights  on    Welsh  Jacobitism.  149 

his  hat,  and  he  was  reported  the  chief  man  in  getting 
from  the  Pretender's  son  press  warrants  "  to  seize  horses 
and  arms."  The  proof  proceeds  to  state  how  inforination 
was  given  to  the  ofncers  of  the  Manchester  regiment  of 
the  place  to  which  a  certain  Justice  Drinckenfìeld  had  fled 
with  a  large  quantit y  of  arms,  and  then  Morgan  obtained 
a  warrant  from  the  Prince  to  send  a  fìle  of  Highland 
soldiers  and  Lord  Pitsligo  (the  old  Scottish  Cavalier  of 
Aytoun's  lays)  in  a  fruitless  search  after  liim.  The  dis- 
crepancy  between  the  proof  and  the  evidence  in  the  report 
will  not  perhaps  strike  a  lawyer  as  serious,  since  it  is  not 
impossible  that  Morgun,  as  a  matter  of  fact,  may  have 
been  engaged  in  superintending  a  search  for  arms  at 
Derby  as  well  as  at  Manchester.  At  the  same  tiine,  the 
statement  in  the  proof  is  interesting,  since  it  makes  it  clear 
that  immediately  011  his  joining  the  army,  Morgan  took 
a  leading  position.  The  rest  of  the  proof  is  certainly 
worth  trauscription,  as  it  very  considerably  amplifìes, 
though  it  does  not  contradict,  Maddox's  evidence  in  the 
report. 

"  And  the  witness  afterwards  frequently  saw  the  defendant  upon 
the  march  with  the  Rebels  from  Manchesterto  Derby  armed  with  a 
brace  of  pistols  and  a  broad  sword  and  "  (he)  "  had  a  white  cochade, 
And  in  the  retreat  to  Ashburn  the  defendant  came  to  the  house 
where  the  Manchester  officers  were  quartered.  where  Cajjt.  Dawson  of 
the  Manchester  Regiment  gave  him  a  brace  of  pistols.  And  then  the 
said  defendant  left  the  Army.  This  Witness  heard  the  defendant  say 
that  he  had  the  offer  of  the  Manchester  Regiment  made  him  by  the 
young  Pretender,  but  he  refused  it,  notbeing  a  military  man.  That 
the  defendant  was  generally  with  the  young  Pretender  at  nights,  and 
lodged  in  the  same  quarters  with  him.  And  that  he  acted  as  spy  for 
the  rebel  army  in  obseiwing  tlie  Duke's  (i.e.,  the  Duke  of  Cumberland) 
Army.  And  further,  that  while  the  Rebels  were  at  Manchester,  the 
defendant  met  Mr.  Prancis  Townley,  Peter  Moss,  Jas.  Dawson,  George 
Fletcher,  James  Bradshaw,  Thomas  Furnival,  all  at  Mr.  Cookson's, 
the  sign  of  the  Dog  in  Manchester.  And  the  said  defendant  proposed 
tlie  raising  of  a  regiment  for  tlie  said  Pretender,  to  whieh  proposal  all 


150  Side  Lights  on    Welsh  Jacobitism. 

present  agreed.  And  all  of  them  having  white  cochades  in  their  hats. 
And  then  the  company  considered  which  should  have  the  command 
of  the  resriment,  and  after  a  short  consultation  ofì'ered  the  command 
to  the  defendant ;  but  he  thanked  them,  and  desired  to  be  excused, 
saying  he  did  not  understand  military  discipline  well  enough  to  take 
so  large  a  command  upon  him.  And  said  that  Mr.  Townley  had 
been  in  the  French  service  and  understood  the  military  discipline 
much  better  than  he.  Whereupon  Mr.  Townley  was  named  Colonel. 
And  he  set  his  name  tlown  in  a  paper  fìrst  as  Colonel.  And  the  rest 
set  down  their  names  with  title  of  rank  in  the  said  regiment.  And 
then  the  defendant  took  the  list  away  with  him  to  the  Pretender, 
and  promised  to  furnish  them  arms,  antl  then  ordered  a  drummer 
about  the  town  to  beat  up  for  volunteers." 

The  remaining  proof  in  the  brief  is  that  of  the  witness, 

Eclward  How,  who  was  Morgan's  landlord  at  Derby.     The 

evidence  in  the  report  is  in  the  main  similar  to  that  in  the 

proof — but  as  the  latter  is  short,   and  throws  considerable 

light  on  the  geniality  of  Morgan's  character,  E  give  it  in 

full :— 

"This  witness  says  the  defendant  and  about  twenty  other  rebels, 
eight  of  whom  were  officers,  were  quartered  in  his  house  at  Derby 
when  the  rebel  army  was  there,  and  defendant  told  him  that  these 
eight  officers  were  not  come  to  live  upon  him  or  anybody  else,  for 
they  would  pay  for  what  they  had.  And  he  saitl  the  defendant 
appeared  to  be  the  chiefest  person  of  those  quartered  at  his  house, 
and  gave  all  the  directions  for  providing  for  their  entertain- 
ment  and  the  witness  a  guinea  and  three  shillings  for  such  enter- 
tainment  of  himself  and  the  other  rebels,  and  sayd  he  payd  him  like  a 
gentleman.  And  says  defendant  was  then  publicly  called  and  re- 
ported  to  be  the  prince's,  meaning  the  young  Pretender's,  counsellor. 
The  witness  having  seen  the  prisoner  in  Newgate  "  (this  must  have 
been  of  course  after  Morgan's  arrest)  "who  told  the  witness  he  would 
come  to  Derby  and  see  him  again  in  spight  of  King  George,  and  all  the 
people  in  the  world,  or  to  that  purpose,  and  he  saw  the  defendant 
frequently  go  to  the  Pretender's  lodging-house  and  never  appeared  to 
be  under  any  restraint  while  he  was  at  Derby." 

There  exists  no  proof  of  the  evidence  of  the  other 
Crown  witnesses  against  Morgan,  whose  testimony  appears 
in  the  reports,  Edward  Tew,  of  Preston,  who  gaveevidence 
as   to   Morgan's    conversation   with    Lord   Elcho    at   the 


Sicíe  Lights  on    Welsh  Jacobitism.  151 

Joiners'  Arms,  Preston,  Benjamin  Bowker,  the  deputy 
constable  at  Manchester,  who  gave  evidence  as  to  the 
warrant  which  Esquire  Morgan  gave  him  to  search  for 
arms  in  the  town,  and  Captain  Vere,  the  Hanoverian  officer, 
who  seems  to  have  been  practically  a  military  spy.  In 
drawing  any  conclusions  from  these  proofs,  it  should  of 
course  be  remembered  that  the  evidence  it  affords  is  in  a 
sense  tainted  by  the  character  of  most  of  the  deponents. 
Reading  them,  however,  in  connection  with  the  report  of  this 
and  the  other  Jacobite  trials,  and  making  all  allowances, 
they  at  least  establish  the  fact  that  David  Morgan  was 
unquestionably  one  of  the  prime  movers  in  the  rebellion 
of  '45 :  and  that  no  man  outside  the  circle  of  Scotch 
adherents  and  French  and  Irish  officers  possessed  greater 
infiuence  with  the  Prince. 

The  result  would  seem  to  be  that  Welshmen  may  claim, 
in  this  country-man,  the  most  active  of  the  Prince's 
southern  adherents,  and  more,  the  one  man  whose  advice,  if 
followed,  niig'ht  have  placed  the  Prince  in  St.  James' 
Palace.  

A  Whig  School-boy. 
I  may  conclude  this  paper  with  certain  Latin  verses 
on  Culloden,  by  a  Whig  Welsh  school-boy  (or  at  least  a 
boy  educated  at  Cowbridge  school)  shortly  after  the  battle, 
composed,  no  doubt,  with  a  view  of  obtaining  a  half- 
holiday  for  the  school.  The  poem  is  here  printed  exactly 
as  it  was  written.  The  author  must  be  responsible  for 
the  syntax.  For  these  verses  I  am  indebted  to  my  friend, 
the  present  Head-Master  of  that  ancient  school. 

"  Georgides,  yictae  procubuere  metu. 
"  Reppulit,  inque  fugam  trepidas  dare  terga  coegit, 
Vertit  in  auctores  saevaque  bella  suos. 
Qui  modo  terrebat  minitans,  nunc  dicere  causam 
Cogitur,  et  legum  subdere  colla  jugo. 


152  Side  Lights  on    Welsh  Jacobitism. 

Sic  erat  in  fatis  ;  sic  inconsulta  ruit  vis, 

Praecipitans  fatum  saepe  sinistra  suum. 
Spes  ubinunc,  Ludovice,  tuae  vocesque,  minaeq  ?l 

Ula  ubi  Brunsviciae  certa  ruina  domûs  ? 
Si  nescis,  domus  haec  humanis  altuis  ortum 

Traxit,  et  e  coelis,  uncle  perennet  habet. 
Italus  Angliacas  regeret  peregrinus  habenas, 

Brunsviciâ  regeret  sceptra  gerenda  manu  ? 
Deinens,  illa  tibi  quando  sperare.  tuisque 

Ausus  es,  hunc  aleret  cum  Domus  ista  Ducem  ? 
Quid  parat  ille  tibi  campo  monstravit  in  illo, 

Spes  ubi  Scotorum,  spes  tua  fracta  jacet. 
Scoticae  eum  pavidae  videre  in  montibus  Alpes 

Tendere.  et  in  summis  poenere-  castra  jugis. 
Non  illum  montes,  non  illum  sistere  possunt 

Flumina,  nix  et  Iliems,  diffìcilesque  viae. 
Et  levis  est,  leviorque  avium  pernicibus  alis, 

Cunctantes  linquit  post  sua  terga  duces. 
Nec  mora  longa  fuit,  Cyclopum  allabitur  oris  ; 

Monticolis  solo  nomine  terror  errat.3 
Hirta  illis  mens  est,  et  corporis  aemula,  qualis 

Et  decet  agrestes,  monticolasque  decet. 
Et  credas,  scopulorum  instar,  traxisse  rigorem, 

Mens  adeo  est  illis  effera,  mensque  ferox. 
Barbara  gens  tota  est,  effraenaque,  et  horrida  et  exlex, 

Sive  homines  mavis  dicere,  sive  feras. 
Aspice  Monticolam ;  Dii   talem  avertite  pestem  ! 

Impya  Styx  illo  nil,  puto,  pejus  habet. 
Arma  dedit  rabies,  quaetrux  Polyphemus,  et  ingens 

Sidera  qui  fulcit,  ferre  recuset,  Atlas. 
Lumborumque  tenus  falcatus  acinace  largo  est ; 

Hoc  fuit  Aetnaei  munus  opusque  fabri. 
Et  capite  a  summo  totus  jam  ferreus  ille  est ; 

Visus  et  ingenti  mole  Colossus  erat. 
Tum  nova  turmatim  videas  erumpere  monstra, 

Aetneos  fratres  Nubigenasque  truces  ; 
Tullibardinos,  Glenbuckettosque  rebelles, 

Totque  alios  scelerum  perfidiaeque  duces. 
Quo  vos,  quo  belli  rabies,  furiaeque,  scelesti, 

Praecipitant  ?  scelerum  terror,  et  ultor  adest. 


quare  mmaeque.  2  queere  ponere.  3  qucere,  erat. 


Side  Lights  on   Welsh  Jacobitism.  153 

Nec  mora ;  Georgidem  venientem  fulminis  instar, 

Quem  non  posse  putat  Scotus  adesse,  videt. 
Stant  acies  :  dant  signa  tubae  :  concurritur,  et  mox 

florruit  Angliacum  barbara  turba  Ducem. 
Emicat  ante  alios  Miles  spectandus  in  hostem 

Regius,  in  primâ  proeha  fronte  ciens. 
Quî  vigor  oris  erat  ?  qualis  pugnantis  Imagi  >  ? 

Aut  Mars,  aut  certe  Martis  Imago  fuit. 
Dimicat,  et  totum  castris  Dux  exuit  hostem, 

Omniaque  ingenti  csede  fugâque  replet. 
Vicini  montes,  vicini  sanguine  valles, 

Et  procul  hinc  late  sanguine  terra  rubet. 
Sic  quatit  attonitos,  sic  fulmen  vibrat  in  illos, 

Ut  dextrâ  credas  fulmina  missa  Jovis. 
Factî  certa  tìdes  ;  perierunt  millia  quinque  ; 

Ipsa  facit  caedes  Cullodenana  fidem." 


G.  Simpsox,  Péinter,  Devizes. 

M 


€1k  Ronourable 
Socìctp  of  r  r  r 
Cpmtnrodorìom  r 

CÌSt  Oî  *   <* 

PubSìcatìons. 


Offices  :—New  Stone  Buildings, 

64,  Chancery  Lane,  London,   W.C. 


LIST   OF    PUBLICATIONS. 


^  (Cpmttttooot, 

THE  MAGAZINE   OF  THE 

î>onoutaMe  ^oády  of  Cgmmrobonotu 

Volume  I. 

Contents : — A?i  Elegiac  Poem  i?i  Memory  of  Goronwy  Owe?i,  by 
Lewis  Morris,  M.A.;  Welsh  Particles,  by  Protessor  Peter;  Natural 
History  Museums,  by  F.  W.  Rudler,  F.G.S.;  The  I?ivocatio?i,  by 
Mrs.  Hemans,  and  a  Translation  by  Dr.  W.  Owen  Pughe;  The 
Eisteddfod  of  1876  at  Wrexham;  The  U?iiversity  College  of  Wales ; 
The  Harp,  by  Brinley  Richards ;  William  Salesbury  and  his 
Dictionary,  by  the  Rev.  Robert  Jones,  B.A. ;  The  Rev.  John 
Peter,  F.G.S.  (Obituary  Notice) ;  A  Musical  Scholarshiỳ  for  Wales; 
An  Òration  by  Gwalchmai ;  The  Prospects  of  Education  in  Wales, 
by  the  Rev.  Mark  Pattison ;  The  Potter's  Art,  by  the  Right  Hon. 
W.  E.  Gladstone,  M.P. ;  Letters  from  Lewis  Morris  (Llewelyn  Ddu 
0  Fôn)  to  Edward  Richard  of  Ystrad-Meurig ;  Reviews,  Notices  of 
Books,  Reports,  etc. 

Volume  II. 

Contents :— The  National  Music  of  Wales,  by  John  Thomas 
(Pencerdd  Gwalia) ;  Private  Devotions  of  the  Welsh  in  Days  gone 
by,  by  the  Rev.  Elias  Owen ;  Arch&ological  Notes,  by  Professor 
Rhys ;  The  Eisteddfod  of  the  Future,  by  Mrs.  A.  W.  Thomas ; 
The  Camarvon  Eisteddfod of  1877  ;  Dialogue  betwee?i  the  Bard  a?id 
the  Cuchoo  (from  the  Welsh  of  Owain  Gruffydd),  by  the  Right 
Hon.  Lord  Aberdare ;  Dafydd  ab  Gwily?n,  by  Professor  E.  B. 
Cowell ;  Old  Welsh  C?istoms,  by  the  Rev.  Elias  Owen,  M.A. ; 
Letters  fro??i  Lewis  Morris  (Llewely?i  Ddu  0  Fô?i).  Eisteddfod 
Addresses  (1878),  Reviews  oí  Books,  etc. 

Volume  III. 

Contents:— The  Celtic  La?i°;?tage  i?i  Relatio?i  to  other  Aryan 
Tong?ces,  by  the  Rev.  john  Davies,  M.A. ;  The  Welsh  Triads  as 
they  are  given  i?i  the  Rcd  Book  of  Hcrgest,  by  Professor  Rhys ; 
Scientific  Education  i?i  Wales  a?id  its  Bcari?igs  o?i  the  I?id?istrial 
Develop?nent  of  the  Coimtry,  by  F.  W.  Rudler,  F.G.S. ;  So??icForms 
a?(d  Uses  of  the  S?ibsta?itive  Verb  i?i  Welsh,  by  Professor  Powel, 
M.A. ;  Cywydd  i'r  Saeson,  a  Poem  by  Sion  Mawddwy,  circa  1590; 
The  Wclsh  as  Pictured  in  Old  E?iglish  Jest  Boohs ;  So??ie  Un- 
p?iblished  Re??iai?is  of  Iolo  Mo?ga?iwg;  The  Rev.  Robert  Jo?ies 
(Obituary  Notice) ;  Higher  and  I?itcr??iediate  Ed?icatio?i;  The 
Eisteddfodau  of  1879;  Reviews  of  Books,  Notices,  etc. 


List  of  Publications. 


Volume  IV. 

Contents : — Observations  on  the  Pronunciation  of  the  Sassarese 
Dialect  of  Sardinia,  etc,  by  H.I.H.  Prince  Louis-Lucien  Bonaparte  ; 
Welsh  Books  Printed  Abroad  in  the  i6th  and  iyth  Ce?ituries,  and 
their  Authors,  by  Howel  W.  Lloyd,  M.A. ;  Welsh  Anthropology, 
by  F.  W.  Rudler,  F.G.S. ;  Thc  Present  and  Future  of  Wales,  by 
Lewis  Morris,  M.A. ;  Merched  y  Ty  Talwyn,  by  the  Rev.  W. 
Watkins,  M.A. ;  A  Description  of  the  Day  of  Judgment  from  the 
Cotton  MS.  (Titus  D.,  xxii,  in  the  British  Museum) ;  Welsh  Fairy 
Tales,  by  Professor  Rhys ;  A  Celto-Stavo?iic  Suffix,  by  Professor 
Henri  Gaidoz;  A  Cywydd  to  Sir  Edward  Sirad/ing  and  Dr.  John 
David  Rhys  (Mairig  Davydd  ai  kant) ;  A  Historical  Poem  by  Iolo 
Goch ;  Welsh  Folk-Lore,  Reviews  of  Books,  etc. 

Volume  V. 

Contents: — Thc  Necessity  of  Teaching  English  through  the 
Medium  of  Welsh,  by  the  Rev.  D.  Jones  Davies,  M.A. ;  What 
Gover?i??ie?it  is  doingfor  the  Teaching  of  Irish,  by  Professor  Powel, 
M.A. ;  The  late  Sir  Hugh  Owen,  by  Lewis  Morris,  M.A. ;  Welsh 
Fairy  Tales,  by  Proíessor  Rhys ;  Morwynion  Glân  Meirionydd 
(translated  by  H.  W.  Lloyd) ;  Professor  Rhys  on  Welsh  Antiçuities 
and  Fairy  Tales ;  Dinas  Pe?imae?i  or  Pe?imae?i?nawr,  a  Druidicat 
Tc??ip/e  before  being  a  British  Fortress,  by  Clara  P. ;  Names  of 
Printers  and  Pîcbiishers  of  Welsh  Boofcs,  by  Bernard  Çjuaritch  ;  The 
Legend  of  the  Oldest  Ani??ials,  by  Professor  E.  B.  Cowell ;  The 
Delimitation  of  the  English  and  Welsh  Languages,  by  Alex.  J. 
Ellis,  F.R.S. ;  The  Ancient  Ethnology  of  Wales,  by  Professor  W. 
Boyd  Dawkins ;  The  Weishman  of  English  Litcrature,  by  David 
Lewis;  The  Eisteddfod  and  Popular  Musicin  Wales,  by  J.  Spencer 
Curwen  ;  Reviews  of  Books,  Notes  and  Queries. 

Volume  VI. 

Contents : — The  Metalliferous  Deposits  of  Flintshire  and 
Denbighshire,  by  D.  C.  Davies,  F.G.S. ;  Welsh  Hymnology,  hy  the 
Rev.  W.  Glanffrwd  Thomas ;  A  Cornish  Song  (Kân  Kerniw) ;  A 
Poeni  by  Iolo  Goch  (translated  by  H.  W.  Lloyd) ;  The  Etimology  of 
thc  Welsh  Race,  by  the  Most  Hon.  the  Marquess  of  Bute,  K.T. ; 
The  Treaù?icnt  of  E?iglish  Borrowcd  Words  i?i  Colloçuial  Welsh, 
by  Professor  Powel,  M.A. ;  A  Progress  thi'ough  Wales  i?i  the  17 th 
Ce?itury,  by  David  Lewis ;  Welsh  Fairy  Tales,  by  Professor  Rhys  ; 
Reviews  of  Books,  Notes  and  Queries. 

Volume  VII. 

Contents  : — A?ierchiad,  gan  Gwilym  Hiraethog ;  A  Co??ipariso?i 
of  so??ie  Sanshrit  a?id  Celtic  Words,  by  the  Rev.  John  Davies,  M.A. ; 
Thc  Lege?id  of  Lly?i  Lly?iclys,  by  the  Rev.  W.  Watkins,  M.A.; 
Foik-Lore—Highla?id  Paraílc/s  to  Welsh  Popular  Ta/es,  etc; 
Notes  o?i  Ce'ftic  Pho?iology,  by  Professor  Rhys;  The  Royal 
Ca?nbria?i  Acade??iy  of  Art,  by  T.  H.  Thomas,  R.C.A. ;  A  Frag??icnt 
fro??t  He?igwrt  MS.  No.  202,  and  Facsiìnites  of  C/assica/  We/sh 
MSS.,  by  Ègerton  Phillimore,  M.A. ;  Historicat  Poe??is,  by  Iorwerth 
Vy?iglwyd,  by  Professor  Powel,  M.A. ;  A?ig/csea  Folk-Lore,  by 
W.  W.  Cobb,  M.A. ;  Ear/y  We/sh  Mila?iese  Literature,  by  Professor 
F.  T.  Palgrave;  Reviews,  Notes  and  Queries,  etc. 


Honourable  Society  of  Cymmrodorion. 


Volume  VIII. 

Contents  : — Race  and  Nationality,  by  Isambard  Owen,  M.A., 
M.D. ;  Notes  on  the  Life  of  St.  David,  by  Howel  W.  Lloyd,  M.A. ; 
Selection  of  Welsh  Poeiry,  by  Iago  ab  Dewi ;  Sir  William  Jones  as 
Linguist  a?id  Author,  by  the  Rev.  John  Davies,  M.A. ;  Pedigrees 
from  Jesus  College  MS.  20,  by  Egerton  Phillimore  and  J.  Gwenogfryn 
Evans;  Obseruations  on  the  Welsh  Pronou?is,  by  Max  Nettlau, 
Ph.D.,  with  notes  by  Professor  Rhys ;  Ebostol  y  Sut,  by  Professor 
Powel,  M.A. ;  Ancient  Welsh  Wofds,  by  T.  W.  Hancocü;  Reviews 
and  Notices,  Reports,  etc. 

Volume   IX. 

Contents :—  Selection  of  Welsh  Poetry,  by  Iago  ab  Dewi;  The 
Personal  Name-System  in  Old  Welsh,  by  J.  E.  Lloyd,  M.A. ;  On 
the  Circular  Huts  (Cyttiau'r  Gwyddelod)  and  their  Inhabitants,  by 
the  Rev.  Elias  Owen,  M.A. ;  The  Annales  Ca?nbrio2  a?id  Old  Welsh 
Ge?teaiogies  from  Harleia?i  MS.  3859,  byEgerton  Phillimore,  M.A. ; 
The  Welsh  Shires,  by  Professor  Tout,  M.A. ;  Old  Welsh  Folk- 
Medici?te,  by  E.  Sidney  Hartland;  Observatio?ts  o?i  the  Welsh 
Notms,  etc,  by  Max  Nettlau,  Ph.D. ;  Extracts  fro?n  Hc?igwrt  MS. 
34,  edited  by  J.  Gwenogfryn  Evans ;  The  Possibilities  of  Welsh 
Music,  by  Joseph  Bennett ;  A?i  U?ipublished  Welsh  Frag??ient,  by 
Egerton  Phillimore,  M.A. ;  Reviews,  Notes  and  Queries,  etc. 

Volume  X. 

Contents  : — Co??iparative  Notes  to  the  Mabi?iogio?i,  by  Professor 
Henri  Gaidoz ;  Notes  on  the  Early  History  of  Ba?igor  Is  y  Cocd, 
and  Welsh  Settle?ne?its  East  of  Offds  Dyke  durittg  the  1  \th  Ce?itury, 
by  Alfred  Neobard  Palmer;  Some  Mi?ior  Welsh  Poets  of  the 
Georgia?t  Era  (\  7^4.-^830),  byRichardWilliams,  F.R.H.S.;  Professor 
Hoff??ia?m  a?id  Sir  Wuîiam  Jo?ies,  by  the  Rev.  John  Davies,  M.A. ; 
Welsh  Pedigrees,  by  Henry  F.  J.  Vaughan,  B.A. ;  The  Public 
Records  Relati?tg  to  Wales,  by  Richard  Arthur  Roberts  ;  The  Lege?id 
of  Ki?tg  Biadua,by  the  Rev.  Professor  Sayce,  M.A.,  LL.D.;  Selectio?i 
of  Welsh  Poetry,  by  Iago  ab  Dewi  (concluded). 

Volume  XI. 

Contents:— The  Preservatio?i  of  A?icie?it  Mo?iu?nc?its  i?i  Wales, 
by  J.  Romilly  Allen,  F.S.A.  (Scot.);  Welsh  Place  Names,  by  J.  E. 
Lloyd,  M.A.,  with  Notes  by  Egerton  Phillimore,  M.A.  ;  The  Settle- 
?ne?it  of  Britta?iy,  by  Wm.  Edwards,  M.A.  (with  Notes  by  Egerton 
Phillimore,  M.A.) ;  The  True  Objects  of  Welsh  Archaotogy,  by  J. 
W.  Willis  Bund,  F.S.A.  (with  Notes  by  Egerton  Phillimore,  M.A.) ; 
The  P?iblicatio?i  of  Welsh  Histo?icat  Records,  by  Egerton  Phillimore, 
M.A. ;  The  Crofter  Syste?n  of  the  Wester?i  Isles  of  Scotla?id, 
and  the  Caller?iish  Stone  of  Lewis,  by  Alfred  N.  Palmer ;  Henry 
Vaughan  of  Sceth?vg,  by  Professor  Palgrave;  The  Proposcd 
University  of  Wales,  by  Principal  T.  F.  Roberts  ;  Errata,  etc. 

Volume  XII. 

Contents  : — The  Court  of  the  Preside?it  and  Coimcil  of  Walcs  a?id 
the  Marches  fro?n  1478  to  1575,  by  His  Honour  Judge  Lewis,  with 
Note  as  to  Appendices ;  Offa'sa?id  Wat's  Dyhes,  by  Alíred  Neobard 


List  of  Pnblications. 


Palmer;  Celtic  Art,  with  a  Suggestion  of  a  Schemefor  the  better 
preservation  and  freer  study  of  the  Monuments  of  the  early 
Christian  Church  in  Wales,  by  T.  H.  Thomas,  R.C.A. ;  Obituary 
Notice :  His  Honour  Judgc  David  Lewis,  by  D.  Lleufer  Thomas, 
B.A. 

Volume  XIII. 

Contents: — Vicar  Prichard :  a  study  in  Welsh  Bibliography,  by 
John  Ballinger ;  A  Collation  oí  Rees'  Lives  of  the  Cambro-British 
Saints,  by  Professor  Kuno  Meyer,  Ph.  D. ;  Further  Notes  on  the 
Court  of  the  Marches :  with  Original  Documcnts,  by  D.  Lleufer 
Thomas,  B.A. ;  The  Jesus  College  Peithynen,  by  Professor  John 
Rhys,  M.A.,  LL.D. 

Volume   XIV. 

Contents : — English  Law  in  Wales  and  the  Marches,  by  Henry 
Owen,  D.C.L.  Oxon.,  F.S.A. ;  The  Broughions  of  Marchwiel :  Con- 
tributiou  to  the  History  of  the  Parish  of  Marchwiel,  by  Alfred 
Neobard  Palmer ;  Vita  Sancti  Kebie,  by  the  Rev.  S.  Baring  Gould, 
M.A. ;  Salcsburŷs  Dictionary  and  the  King's  License,  by  J.  H. 
Davies,  M.A. ;  A  Welsh  Love  Song  of  the  i6th  Century,  by  J.  H. 
Davies,  M.A. ;  The  Expulsioii  of  the  Dessi,  by  Professor  Kuno 
Meyer,  Ph.D. ;  Side  Lights  on  Welsh  Jacobitism,  by  J.  Arthur 
Price,  B.A. 


Cransacííons 


OF  THE 


^onomaUt  £kockty  of  C^mmtoboríon. 


Session  1892-93. 

Sacred  Wells  in  Wales,  by  Professor  John  Rhys,  M.A.,  LL.D.; 
Welsh  Bards  and  Reviewers,  by  Ernest  Rhys  ;  The  Celt  and  the 
Poetry  of  Nature,  by  W.  Lewis  Jones,  M.A. ;  On  Science  as  a 
Reta.ration,  by  W.  H.  Preece,  F.R.S. ;  Dyffryn  Clwyd :  ei  Ramantau 
a'i  Lafar  gwtad,  gan  Isaac  Foulkes  {Llyfrbryf) ;  Report  of  the 
Council  for  1891-92. 

Session  1893-94. 

The  Ancient  Church  in  Wales,  by  Sir  R.  L.  Vaughan-Williams, 
one  of  Her  Majesty's  Judges;  Welsh  Saiuts,  by  J.  W.  Willis- 
Bund,  F.S.A. ;  Some  Aspects  of  the  Christian  Church  in  Wales 
during  the  $th  and  6th  Ceuturies,  by  the  Rev.  Professor  Hugh 
Williams,  M.A. ;  Reports  on  Publications  {Owetis  Pe?nbrokeshire, 
by  Henry  Owen,  F.S.A.,  and  The  Black  Book  of  St.  David's, 
by  J.  W.  Willis-Bund,  F.S.A.) ;  Reports  of  the  Council  for  1892-93 
and  1893-94. 


Honourable  Society  of  Cymmrodorion. 


Session  1894-95. 

Notes  o?i  thc  Hu?iti?ig  of  Twrch  Trwyth,  by  Professor  John  Rhys, 
M.A.,  LL.D. ;  The  Future  of  Welsh  Education,  by  Miss  E.  P. 
Hughes ;  The  Cistercian  Abbey  of  Cw?n-Hir,  Radnorshirc,  by 
Stephen  W.  Williams,  F.S.A.,  with  Illustrations  by  W.  G.  Smith  ; 
The  Welsh  Calendar,  by  the  Rev.  John  Fisher,  B.D.  Report 
of  the  Council,  List  of  the  Officers,  Council,  and  Members  of 
the  Society  for  1894-95. 

Session  1895-96. 

TJie  Historical  Importance  of  the  Cymric  Tribal  Syste??i,  by 
Frederic  Seebohm,  LL.D. ;  The  Develop??ie?it  of  the  Agricultural 
Resources  of  Wales,  by  T.  Parry ;  Early  Relations  betwee?i  Gael 
a?id  Brython,  by  Professor  Kuno  Meyer,  M.A.,  Ph.  D. ;  Cymru  Fu  : 
so??ie  Conte?npora?y  State??ic?its,  by  R.  Arthur  Roberts ;  Transcript 
of  " Mi?iisters'  Accou?it"  (Portfolio  1158,  No.  1,  preservcd  i?i  tJie 
Public  Record  Office.)  Report  of  the  Council  and  Statement  of 
Receipts  and  Payments  for  1895-96;  Report  of  Annual  Dinner  1896, 
(Guest :  H.R.H.  the  Duke  of  York,  K.G.) 

Session  1896-97. 

Music  i?i  Wales,  by  Joseph  Bennett;  Do??iestic and Decorative  Art 
in  Walcs,  by  Thomas  E.  Ellis,  M.P. ;  Stcggestio?is  as  to  the  fuller 
study  of  Owe?i  Gly?idw?;  by  "  Owen  Rhoscomyl ",  Obse?-vatio?is  o?i 
the  foregoing  Paper,  by  Hubert  Hall,  F.S.A. ;  Rece?it  Developme?its 
i?i  Welsli  Educatio?i,  by  Rev.  G.  Hartwell  Jones,  M.A. ;  Illustrations 
to  the  Paper  on  Do??iestic  a?id  Deco?-ative  Art  in  Wales,  and  Notes 
thereon,  by  Robert  Williams,  F.R.I.BA.  Report  of  the  Council, 
Statement  of  Receipts  and  Payments,  and  List  of  Officers,  Councií 
and  Members  of  the  Society  for  1896-97. 

Session  1897-98. 

Early  Welsh  BibliograpJiy  (with  facsi?nile  Illustratio?is),  by  J.  H. 
Davies,  M.A. ;  JoJm  Wilki?iso?i  a?id  tJie  Old  BersJia??i  Iro?i  Worhs 
(witJi  Illust?-atio?is),  by  Alfred  Neobard  Palmer  ;  Welsli  FolJc  Music, 
by  Miss  Mary  Owen  (Mrs.  Ellis  J.  Griffith) ;  The  CJiaracter  of  tJie 
Heresy  of  tJie  Early  B?iiisJi  Church,  by  Fred  C.  Conybeare,  M.A. ; 
The  Greater  Britai?i  of  tJie  Sixtìi  Ce?itury ;  Note.  Report  of  the 
Council,  and  Statement  of  Receipts  and  Payments  for  1897-98. 

Session  1898-99. 

Early  Fo?iifications  i?i  Wales,  by  the  Rev.  S.  Baring  Gould, 
M.A. ;  Early  Sociat  Lifc  i?i  Walcs,  by  David  Brynmôr  Jones,  Q.C, 
M.P. ;  Geoffrey  of  Mo?i?noutìi,  by  Professor  W.  Lewis  Jones,  MÌA. ; 
ArgrapJiwyr,  CyJweddwyr,  a  LlyfrwertJiwyr  Cym?-u,  gan  Isaac 
Foulkes  (Llyfrhyf).  Report  of  the  Council,  and  Statement  of 
Receipts  and  Payments  for  189S-99. 

Session  1899-1900. 

Portrait  and  Obituary  Notice  oí  the  late  Marquess  of  Bute,  K.T. 
(President  of  the  Society) ;  WelsJi  Cave  Legends,  a?id  tJie  Sto?y  of 
Owe?i  Lawgoch,  by  Protessor  Rhys,  LL.D. ;  Owai?i  Lawgoch — 
Yeuai?i  de  Galles :  so?ne  Facts  a?id  S?cggestio?is,  by  Edward  Owen 
(with  facsimile  Illustration) ;  Ca?iu  Pennillion,  by  Rev.  W.  H. 
Williams  (Watcy?i  Wy?i) ;  Walcs  a?id  tJie  Co?ni?ig  of  the  Nor??ia?is, 
1039-1093,  by  Professor  J.  E.  Lloyd,  M.A.  Report  of  the  Council, 
and  Statement  of  Receipts  and  Payments  for  1899-1900. 


List  of  Publications. 


$uwkmtnt<xxy  (ttotumw. 


A   SEETCH    OP   THE    HISTORY    OP    THE 

CYMMRODORION, 

Including  a  Reprint  of  The  Constitutions,  as  originally  settled 
for  the  use  ot  the  Society  (1751).     1877.     (Out  ofỳrint). 


A  DICTIONARY  IN   ENGLYSHE  AND   WELSHE, 

By  Wyllyam  Salesbury  (Imprynted  at  London,  in  Foster  Lane, 
by  John  Waley  [1547]).     Facsimile  reprint.     4  parts. 

THE   GODODIN   OP   ANEURIN    GWAWDRYDD: 

An  English  translation,  with  copious  explanatory  notes,  and  a  Life  of 
Aneurin.  By  the  late  Thomas  Stephens,  Author  of  The  Litera- 
ture  of  the  Áymry.    Edited  by  Professor  Powel,  M.A.,  1888. 

ATHRAVAETH  GRISTNOGAVL, 
Le  cair  uedi  cynnuys  yn  grynno  'r  hol  brifbyneiau  syd  i 
gyfaruydo  dyn  ar  y  phord  i  baraduys. 

Originally  printed  at  Milan,  1568.  Reproduced  in  facsimile 
from  the  unique  copy  formerly  in  the  possession  of  H.I.H. 
Prince  Louis-Lucien  Bonaparte.     1880. 


YSTORYA  DE  CAROLO  MAGNO  ; 

Transcribed   by   Mrs.  John  Rhys  from  the  Red  Book  of  Hergest. 
Edited  by  Professor  Powel,  M.A.,  1883. 

THE  BLESSEDNES  OP  BRYTAINE, 
Or  a   Celebration  of  the  Queenes  Holyday. 

By  Maurice  Kyffin.    Originally  published  1587.    Reprinted  1885. 

AN  ESSAY  ON  PENNILION  SINGING : 
Hanes  ac  Henaflaeth   Canu    Gyda'r   Tannau, 

gan  John  Jones  (Idris  Vycha?i).     1885. 


GERALD  THE  WELSHMAN, 

ByHENRY  Owen,  B.C.L.,  of  Corpus  Christi  College,  Oxford.     1889. 


A    COLLECTION  OP  THE  POEMS  OP  IOLO  GOCH, 

With  Historical  and  Critical  Notes  by  Charles  Ashton. 

Gweithiau   Iolo  Goch:    gyda   Nodiadau   Beirniadol 

a  Hanesyddol, 

Gan  Charles  Ashton.     1896. 


8  Honourable  Sociely  of  Cymmrodorion. 


C^mmtobotíon  (Recorb  iktxm. 


No.  I. 

THE  DESCRIPTION  OP  PENBROESHIRE  (1603), 

By  George  Owen,  ot  Henllys,  Lord  of  Kemes.  Edited,  with  Notes 
and  an  Appendix,  by  Henry  Owen,  D.C.L.  (Oxon.),  F.S.A. 
1892.    Vol.  I,  being  Parts  I  and  II  ot  Owen's  Pembroreshire. 

No.  II. 

THE  COURT  ROLLS  OP  THE  LORDSHIP  OP 

RUTHIN,  or  Dyffryn-Clwyd,  of  the  Reign  of 

King  Edward  I.  (1294-5). 

Edited,  with  Notes  and  Translation,  by  Richard  Arthur  Roberts, 
of  Her  Majesty's  Public  Record  Office. 

No.  III. 

GMLDAE  DE  EXCIDIO  BRITANNIAE, 

Pragmenta,  Liber  de  Paenitentia,  aceedit  et 

Lorica  Gildae. 

(Gildas :  the  Ruin  of  Britain,  Fragments  trom  Lost  Letters,  the 
Penitential,  together  with  the  Lorica  of  Gildas.)  Edited 
by  Hugh  Williams,  M.A.,  Professor  of  Church  History 
at  the  Theological  College,  Bala.    In  3  parts.    Part  I  issued. 

No.  IV. 

A  CATALOGUE  OP  MSS.  RELATING  TO  WALES  IN 

THE  BRITISH  MUSEUM, 

Compiled  and  Edited  by  Edward  Owen,  of  Gray's  Inn,  Barrister- 
at-Law.  In  3  Parts.  Part  I  issued,  containing  list  of  MSS. 
from  the  following  collections,  the  Cottonian,  Lansdowne, 
Royal,  Hargrave,  Burney,  Arundel,  and  Church  Briefs. 

In  Preparation. 

THE  BLACK  BOOK  OP  ST.  DAVID'S  (1326). 

Edited  by  J.  W.  Willis  Bund,  F.S.A. 

THE  WRITINGS  OP  GEOPPREY  OP  MONMOUTH. 

Edited  by  Professor  W.  Lewis  Jones,  M.A. 


To  bc  had  on  application  to  the  Secretary,  at  the  Cymmrodorion  Library, 
New  Stone  Buildings,  Chancery  Lane,  London,  W.C. 


DA       Y  Cyramrodor 

700 

G9 


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