THE BERKELEY MANUSCRIPTS
VOLUME 1
Preface
The members of the Bristol and Gloucestershire Archaeological Society should feel
deeply grateful to Lord Fitz Harding for his obliging permission to print the long
celebrated and most valuable historical MSS. Of Mr. Smyth, which for two and a half
centuries were carefully and closely preserved by successive Lords Berkeley in the
Muniment Room at Berkeley Castle. For purposes of Topography, Biography, and
Genealogy, these works mayjustly be esteemed as not inferior to any which have been
ever issued from the press.
During the whole of a long life Mr. Smyth was Steward of the Hundred of Berkeley,
and of all the Manors of the great Berkeley Estate. It must, however, be borne in mind
that his office was very different in character from that of noblemen's stewards at the
present day. Under the old Manorial system the Steward stood in the place of the Lord
himself, as the judges now stand in the place of the King. He presided as judge of all the
Court's leet, which were held twice a year, and, within their jurisdiction, took cognizance
of all offenses under high treason. He presided also at the Courts Baron of all Manors,
usually held every three weeks. These Courts, and their being regularly held, were
essential to the existence of the Manor. If the Court Baron ceased to be held, the Manor,
ipfo facto, ceased to exist. The Courts Baron took cognizance of all injuries, trespasses,
debts, and other actions under 40/-between person and person; and they were charged
with the preservation and maintenance of all customs and franchises of the Manor, the
presentation of the deaths, &c., oftenants, and of all abuses, encroachments, nuisances
and injuries which might be to the prejudice of the Lord. It is true the free tenants, or
homage's, acting upon their oaths, were the judges, yet the Steward presided and
regulated the procedure. In fact the office of Steward of a Manor was a judicial one
requiring legal knowledge and special training. In this office, Mr. Smyth had charge of
the valuable evidences in the Muniment Room of the Castle. To the study of these fine
treasures he devoted himself, and taking a deep interest in the honour, welfare, and
dignity of the great family which he served, he was led to write a history of the lives of
the first twenty-one Lords of Berkeley, extending from the Norman Conquest down to
1628. In his original title-page Smyth professes to have continued his history to the year
1618 only, but he must subsequently have added to it, and in some instances has brought
it down to 1628, in writing having for his chief object the instruction and information of
the young Lord George, then a minor, pointing out for his warning, and that of his
successors, the errors and faults of their forefathers, and as an example the good deeds
their progenitors had performed. He also traced the devolution of the numerous
Lordships, Manors, and Lands, which, during five centuries, the family had held. Not
only did he, in the prosecution of this and his other works, altogether twenty-one in
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number, of which we shall speak more in detail hereafter, make himself thoroughly
acquainted with the precious evidences at Berkeley, but having become an accomplished
reader of ancient documents*, he also acquired such ample knowledge of the Public
Records of the Kingdom as few have attained unto, and considering the scanty
opportunities for examination afforded in his time, the result is very surprising, and bears
strong testimony to his diligence and perseverance. Fosbroke, the County Historian, who
was one of the very few persons who were permitted to see Smyth's MSS., says of him,
and we entirely concur in his testimony, that "As a topographical antiquary, he is not
excelled by Sir William Dugdale; nor as a genealogist by the Earl of Egmont in his
elaborate and comprehensive History of the House of Ivery.. .his lives of the Berkeleys is
most minute, and contain many things respecting the pedigrees of some of our nobility,
&c., not to be found in the Peerages or Heralds' Office.
(*Note: He strongly recommended the young Lord George "advisedly to read over some
of these accounts of his ancestors courses and fashions of regulating their estates". .. "The
hand," he says, "is reasonably easy after a little acquaintance, as soon attained as the law
ffrench of Littleton; The Latin smooth and delightful." See page 305)
John Smyth, the author, is shewn in a pedigree, recorded in the College of Arms, of
the Heralds' Visitation of Gloucestershire in 1623, as the son of Thomas Smyth of Hoby
in the County of Leicester, second son of William Smyth of Humberston in the County of
Lincoln, and he is allowed the following Arms:-Sa. Upon a Chevron engrailed between
six crosses, pattee fitchee, or, three fleurs de lis az., each charged with a plate. These are
the same Arms as were borne by Richard Smith, Aldennan of London and Sheriff in
1508, who was the son of Thomas Smith of Staffordshire, and ancestor of the family of
Smith of Theddlethorpe, except that in the latter the fleurs de lis are not charged. This
would indicate his descent from that family.
John Smyth was born in 1567, and educated at the Free School at Derby, whence he
came in 1584 to attend upon Thomas, son and heir of Henry, 17iliLord Berkeley, then
aged 9 years, at Callowden, where the Berkeleys at that time resided. It must not be
supposed that young Smyth's position in the family was of a menial character as we now
understand the word. We have shewn that he was of gentle birth by the fact that his
family was armorial, and it was the general practice at that date, and long before, for the
younger sons, and the daughters of gentlemen of good ancestry, to become members of
great households upon their entrance into life, the fonner as pages and afterwards as
esquires, and the latter as waiting gentlewomen. This was of great advantage to the
young of both sexes-to the fonner not only in obtaining instruction in the ordinary
branches of education and training in military exercises, but to both the acquisition of
courtly manners and a seemly behavior, which is yoPgpersons is of great importance.
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This position is illustrated by the fact that William Ligon, a scion of the ancient House
of Ligon of Madresfield, now represented by the Lord Beauchamp, and nearly related to
the Berkeley family, was admitted to the household at Callowden as the same time as
Smyth and in the same capacity. The two boys appear to have been as much the
companions as the attendants of the young Lord, the three lads pursuing their studies
under the same tutor, and eventually together entering Magdalen College, Oxford, where
they remained for three years, after which Smyth removed to the Middle Temple as a
student of Common Law.
Upon the completion of the studies at the Temple Smyth returned to the Berkeleys,
and in 1596 became Steward of the Household, but exchanged that appointment in the
ensuing year for the more dignified and lucrative office of Steward of the Hundred and
Liberty of Berkeley. (Mr. J. H. Cooke, in his interesting monograph on "The Berkeley
Manuscripts and their Author," in Vol. V. of the Transactions of the Society, has given
many particulars of the early life of Smyth, to which we are indebted for this slight
sketch.) At this time Smyth took up his residence at Nibley, having married Grace, the
relict of John Drew, Esq., of that place. She died in 1609without issue, and he soon
afterwards took to his second wife, Mary, the daughter of John Browning, of Cowley, an
alliance in which he took no small pride, the lady being descended from Nicholas, second
son of Robert Fitz Harding, whose issue assumed the name of Fitz Nichols. By this
marriage Smyth had five sons and three daughters*.
(*Note: It seems worthy of a note that, as stated on his monument in Nibley Church,
John Smyth, his son and heir, who died in 1692 in the 82ndyear of his age, by his two
wives had sixteen children, and lived to see seventy and seven persons lawfully
descended from his own body, sixteen of the first, fifty and seven of the second, and four
of the third generation.)
Smyth was evidently an able, intelligent, and just Steward, highly valued during his
fifty years' service by successive Lords Berkeley.Their confidence in his ability,
shrewdness, and tact, was many times exhibited in the very important special family
commissions with which he was entrusted; and in proportion as they valued his services
were they bountiful in their rewards, which, accompanied by his prudence, enabled him to
acquire a consider,ableestate. Atkyns,.writing of Nibley, says, "George Smyth, Esq., has
two very handsome-feats.;(seats?}in this parish near one another, adorned with gardens
and groves, and has a large park, welI wooded,and a great estate in this and other places.
(" -Hist. Glouc., p. 303.) . ' . '.~
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Nicholas Smyth, the great grandson of this gentleman, married Anna Maria, eldest
daughter of Sir Charleton Leighton, of Loton Park, Co. Salop., Bart., by Anna Maria, his
first wife, daughter and heir of Richard Mytton, of Halston in the same county, Esq., by
Letitia his wife, daughter of Roger and sister and sole heir of Thomas Owen, of Condover
Hall, in the same county, Esq., which Letitia, by her will, dated in 1750, devised the
Condover Estates to her granddaughter, the above mentioned Anna Maria Leighton, in
tail male. Mr. Smyth took up residence at Condover Hall, and was Sheriff of Shropshire
in 1772. He left a son, Nicholas Owen Smyth, who succeeded him in Condover, and
who, in pursuance of the will of his grandmother, who died in 1755, by Royal license
dated 24 February 1790, assumed the surname and Arms of Owen, in addition to his own;
And five daughters, of whom the eldest, Anna Maria Emma, married Edward Pemberton,
Esq., and had one son, Edward William Smyth Pemberton, and two daughters. Nicholas
Owen Smyth Owen, of Condover, married, but dying without issue in 1804; devised his
estates to his nephew, Edward William Smyth Pemberton, above mentioned, who, in
compliance with the aforesaid will, assumed the surname of Owen in lieu of that of
Pemberton, and the Arms of Owen. He was Sheriff of Shropshire in 1819, and married
Charlotte Maria, daughter of John Madock, ofVron Iw, Co., Denbigh, Esq., but died in
1863 without issue, when the estates devolved upon Thomas Cholmondley, Esq., born
1823, son and heir of Charles Cholmondley, Esq., by Caroline Elizabeth Smyth, 3rd
daughter of Nicholas Smyth, of Nibley, and Anna Maria Leighton. Mr. Cholmondley, in
succeeding to the Condover Estates, assumed the surname of Owen, but dying in 1864
without issue the said estates devolved upon his brother, Reginald Cholmondley, Esq.,
now of Condover Hall, and the heir general and representative of our author John
Smyth. We have troubled our readers with this descent because Mr. Cholmondley has
inherited several ofthe volumes of Smyth's MSS., which are now at Condover Hall, and
of which there are no copies at Berkeley Castle. Of these we shall have to speak more
particularly hereafter. A table shewing the descent is annexed, compiled, chiefly, from
records in the College of Arms, courteously furnished by Stephan I. Tucker, Esq.,
(Somerset Herald.)
The volume which we now submit to the subscribers is of great importance.
Irrespective of public events-the Barons Wars in the reigns of John, Henry III, and
Edward IT.,and attainders, forfeitures, executions and pardons thereupon, with the
atrocious murder of the last-named unfortunate monarch taking place in Berkeley Castle
(King Edward II) , the wars in France, Scotland, and Wales, with the battles, sieges, &c.-
there is much of interest and value as reflecting the social condition and manner of life of
all classes of the comunity during the period over which this volume extends. This is
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illustrated by the liberties, franchises, and customs which obtained in the Boroughs,
Manors, &c. The state of agriculture, and the methods of cultivation adopted by the
Lords of Berkeley on the extensive demesne lands of their numerous Manors, the greater
portion of which they kept under their own hands, and the extreme regularly and minutiae
with which the various bailiffs rendered their accounts, is most interesting and instructive.
If bailiffs in these days practiced such careful economy and rendered their accounts with
so much exactness and detail, it would be greatly to the advantage of their Lords. The
enormous number of cattle, sheep, poultry, &c., bred and brought to account is
astonishing. The simplicity of manners and the care and attention devoted to households
affairs, especially to the management of the dairy, by that high-born Dame, Jone, the wife
of Thomas IT,Lord Berkeley, and after her death by her daughters, is worthy of notice.
The household establishment of these great Lords was very large, consisting of some
300 persons of all grades, from knights to scullery boys, the cost for which in liveries and
diet alone was necessarily great (see p. 306) But there is no more interesting detail than
the relative prices of com, cattle, and poultry during the reigns of the three Edwards.
Again we have to notice the foundation of various Monasteries, Priories, and Chantries,
and a great number of other matters of interest which it would be too tedious to
enumerate.
The author's style is quaint and simple, but its simplicity and strong good sense are not
more conspicuous than the tone of genuine piety which pervades the whole work. It has
been stated that he was tinged a little by the rising Puritanism of the age, but there are
passages in his later works which exhibit an entirely different feeling, and instead of
shewing him to have been of a morose and ascetic disposition, bear evidence that he was
of a cheerful, affectionate, and happy temperament, His remarks in his History of the
Hundred of Berkeley (fo. 344) on Blu-mead Sunday are worth quoting in illustration of
his generous and genial character:-
"Heere in Stinchcombe, is a parcell of ground called BIu-mead; From whence wee
hundredors in these parts have amongst us the name of Blu-mead-Sunday; The second
Sunday after the ffeaft (feast) of Penticost, A place where the younger fort (sort?) of both
sexes accustomed in the afternoon of that day, to meete from the Townships adioyninge
adjoining), to dance, leape, wraftle (wrestle) and disport themselves till evening, oflate
years, by means of some fevere (severe) and rigid Catoes exclaiming against such
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recreations, quite discontinued. My opinions whereof, and of other like sociable
meetings, Churchales, Wakes, Saints feaft daies (Feast Days) &c. I purposed in this place
to have left to you, as a plain legacy of my minde therin: As also I did in the description
of Alkington, fo. 30, when I wrote of Ram-mead-Sunday, which is the Sunday next
before this ofblu-mead: and the rather because I throughout this description have
expressed to what Saints each Church was dedicated, and the feast kept; But now
through the great length whereto this book is grown, and of what more I am necessarily to
write, I will herein fave (save) paper and paines, and refer to you, my son, (amongst many
others) to Mr. Carewes Survey of Cornwall, fo1.68. 69 and forwards: And to Mr.
Burtons book of Melancholy, fo1.256. 257 and forwards, in his third edition; with whom
I joyne (join) in opinion, and subscribe to the Kings Declaration; and like well in this my
decrepit age to walk in fomer (former) time, on Sundaies after Evening praier (Sundays
after evening prayer), with my wife to Hadleis Greene, between our two houses, and there
to behold my neighbors children and servants, with yours and mine own, to run at Barlybreakes,
dance in a ring, and such like sports, as they like best: A laudable recreation,
which hath no repugners fave (save) wayward dispositions, and men of too sterne (stem)
a Judgment, as though the text of Solomon where apochriphall, That there is a time for all
things."
In editing the volume we have endeavored to adhere as closely as possible to the literal
text and punctuation of the author. His orthography is, for an educated man of the
period, very irregular, and it would not be easy or desirable to reduce it to modem usage.
He gives numerous references in his text to his own folios, both preceding and
subsequent, and inasmuch as it would not have been practicable to give such references to
the printed pages, we have marked the original MS. folios in the margins, so that
reference may be easily made. We have added copious indices to subjects and names of
persons and places, but to save space only one reference is given to the same name on any
page, though it may occur several times, and we have not attempted to individualize those
of the Berkeleys bearing the same Christian name. Such additions as we have made are
enclosed in square brackets.
In conclusion, we have to tender our best thanks to Edward Peacock, ofBottesford
Manor, near Brigg, Esq., F.S.A., for his courtesy in perusing the proofs on behalf of Lord
Fitz Harding; to J.H. Cooke, of Berkeley, Esq., F.S.A., for his kindness in collating the
text of the MS. with that of the volumes presented to George Lord Berkeley by Smyth
himself, which are now at Berkeley Castle; to Stephen I. Tucker, Esq., (Somerset Herald)
for the elaborate pedigree of Smyth; to Mr. J.A.C. Vincent for the extreme accuracy and
clearness with which he has made the transcript; And to the printer, for the great care he
has taken in the execution of his portion of his work. J.M.
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