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A29168 A complete history of England from the first entrance of the Romans under the conduct of Julius Cæsar unto the end of the reign of King Henry III ... : wherein is shewed the original of our English laws, the differences and disagreements between the secular and ecclesiastic powers ... and likewise an account of our foreign wars with France, the conquest of Ireland, and the actions between the English, Scots and Welsh ... : all delivered in plain matter of fact, without any reflections or remarques by Robert Brady ... Brady, Robert, 1627?-1700. 1685 (1685) Wing B4186; ESTC R19638 1,289,549 1,106

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Noblemen The Conditions of the Peace September the King of France and his Mother met at a Parlement or Conference Convenerunt ad Colloquium c. with the Honorable and Great Men of that Kingdom who after the death of the Kings Father had made War one upon another in which Treaty Peace was made upon the following Conditions First That the Earl of Champaigne the principal Author of this Discord should undertake the Croysado to the Holy-Land and there with an Hundred Knights fight against the Enemies of Christ Secondly That the King of France and his Mother should swear upon the Holy Gospels That they would restore to every one their Rights and that they would Judge all Men of that Nation according to right Custom or Law due to every Man In the mean time King [2] Ibid. n. 20.30 The English Army lies idle in France Spend their Money pawn their Horses The King returns into England Henry with his Army lay idle at Nantes doing nothing but spend his Treasure The Earls and Barons seeing Hubert de Burgh would not permit them to fight with their Enemies Feasted according to the English manner and invited one another and Drank as if it had been Christmass Those which were poor having spent all their Money Sold or Pawned their Horse and Arms At length the King in October having provided for the defence of that Land left 500 Knights and 1000 Stipendiary Servientes or Horsemen under the Command of Ranulph Earl of Chester William Marshal and William Earl of Albemarl shipped himself and Landed at Portsmouth on the 26th of that Month. After the Kings departure [3] Ibid. n. 40. The English make an inroad into Anjou and Normandy the Earl of Chester and others whom he had left the Chief Governors of his Army made an Incursion with the whole Army into Anjou and took Gontier Castle demolished it and burnt the Town and soon after entred Normandy in like manner and took the Castle of Pontorsun and levelled it with the groud and burnt the Town they returned into Britain with great spoils without any loss to themselves A. D. 1231. In the year 1231. [4] Ibid. n. 50. A Parlement or Conference The King demands three Marks Scutage of every Knights Fee The King at Christmass kept his Court at Lambeth and on the 26th of January He met his Prelates and Great Men at Westminster Convenerunt ad Colloquium apud Westmonasterium Rex cum Prelatis aliis Magnatibus Regni where the King required a Scurage three Marks of every Knights Fee of all that held Baronies of him whether Laics or Prelates But Richard Archbishop of Canturbury and some B●shops opposed it alledging that Ecclesiasticks were not to be Taxed by and with Lay-men for that in Transmarine Countreys Scurage was Granted by Laics without them However all the rest as well Laics and Clercs as Prelates readily submitted to the King's pleasure Soon after the Archbishop of Canturbury [5] fol. 368. n. 10.20 The Archbishop Complains to the King of the Justiciary The King asserts his Prerogative complained to the King that Hubert the Justiciary had possessed himself of the Castle and Town of Tonebridge and other Lands that belonged to the late Earl of Glocester deceased for which Homage was due to the Church of Canturbury To whom the King replyed That the above-mentioned Earl held of him in Capite and that it was his Prerogative to dispose of the Wardships of Earls and Barons and of their Heirs to whom he pleased till they should come to full Age. When the Archbishop could obtain no other Answer He Excommunicated all that had entred upon the aforesaid possessions The Archbishop goes to Rome The King sends to defend his cause Richard Earl of Cornwal Marries the Countess and also every one except the King that should converse with them and then went to Rome to prosecute his Suit in that Court The King likewise sent Roger de Canteln with some others to plead his Cause before the Pope This year at Easter Richard the Kings Brother Married Isabel Countess of Glocester Sister to William Marshal Earl of Pembroke which William dyed immediately after that Solemnity This year in May the [6] Ibid. n. 30. The Welch make incursions into England The Bishops Excommunicate them Welch under their King Leolin made many Incursions and great spoils upon the Borderers of Wales sparing neither Sacred Persons nor Places when the Bishops and Prelates heard of it they Excommunicated Leolin and all his Favorers and Abettors and the King having raised an Army to repress them built Maud Castle which the Welch had formerly demolished and placed a strong Garrison in it to hinder their incursions Having finished this Castle in October he returned into England Ibid fol. 370. n. 30. This year in June [7] fol. 369. n. 30. The King of France designed to invade Britany His Carriages Victuals and Warlike Engines taken A Truce for three years the King of France with a great Army designed to invade Brittain but was prevented by the Earls of Brittain and Chester who had prepared an Ambush to intercept the Carriages of his Army with the Victuals and Engines which so effectually succeeded that they took and destroyed them all The French being thus surprized and discouraged a Truce was agreed upon and concluded for three years between the two Kings On the King of France his part by the Archbishop of Rhemes and Earl of Bologne and on the King of Englands part by the Earls of Brittain and Chester who soon after came into [8] Ibid. n. 40. Richard Marshal offers Homage for his Brothers Estate England with Richard Mareschal and were very honorably received by the King Then Richard Mareschal offered to do Homage to the King and whatever else was required of him as Heir to his Brother William Mareschal deceased To whom the King by the advice of his Justiciary gave this Answer That He heard his The King refuseth to receive his Homage and Commands him to depart the Kingdom Brothers Wife was with Child and would not determine any thing till that was certainly known adding moreover that He had confaederated with his Enemies in France and upon that Account commanded him to depart the Kingdom within fifteen days and never to return again upon pain of perpetual imprisonment When he received this Answer from the King he passed over into [9] Ibid. n. 50. He resolves to recover his Inheritance by force Ireland where he was kindly received had all his Brothers Castles delivered to him and had Homage with Fealty done him Also Pembroke Castle with the Honor belonging to it was yielded to him After this he got together a great number of Armed Men resolving if necessity required to recover his Inheritance by force The King upon this changed his Thoughts and accepted his Homage and Fealty The King accepts his Homage and granted him all his Rights taking only
Sickness or other Impediment before Battel then by this or that Person as many as he would which were present and shewed in Court who had seen and heard of the thing in Controversie or thus and this I am ready to try by this my Free-man D. unto whom his Father on his Death-bed injoyned upon the Duty of a Son which he ought to him that if at any time he should hear of a Suit for that Land he should adventure himself by Combat to prove it The Tenant had his choice to defend himself by Duel or Grand Assize as that which his Father had seen and heard the claim of the Demandant thus heard it was in the 8. choice of the Tenent to defend the same against the Demandant by Duel or put himself upon the Great Assize of the King and to require a * Enquest recognoisant Grand Custom c. 92. Recognition which of them had most Right in that Land [9.] Ibidem And if he would defend it by Duel he was then obliged to defend himself against the claim of the Demandant in the very words it was made either by himself or some other fit Person And that the Combat once waged he that held the Land ought to defend it that way and could not afterwards put himself upon the Great Assize [1.] Ibidem And note before the Duel began it was necessary for the Demandant to appear in Court and have his Champion there ready to fight nor might he bring any other than one of those he first shewed in the Court upon whom he put the Dirationation or proof of his Cause [2.] Glanvile lib. 2. c. 3. The Champion of the Demandant ought to be such an one as might be a ●it Witness nor could the Demandant prosecute his Appeal in his own Person because that could not be done but by a fit Witness who had heard of and seen the thing in question [3.] Ibidem Note also that the Champion Defendant could not in the Court produce in his place any other to undertake the Combat than his own Legitimate Son [4.] Ibidem But it often happened that a Champion was hired for reward to make Dirationation or proof of the matter controverted against whom if the adverse Party should except that he was less fit because he had taken a reward or been hired and being ready to prove the same against him if he should deny it by himself or by some Person who saw him take the Reward Principale duellum remanebit he should be heard and the principal Duel was to remain or be stayed [5.] Ibidem And if he was hereof convicted and the Champion of the Plaintiff vanquished in Combat then his Master or Patron lost his Suit and the Champion as being conquered lost the Law of the Land that is to say afterwards he was never to be admitted in Court as a Witness to make proof or Dirationation of any thing for any other man by Battel [6.] Ibidem But for his own self he might defend his own body or prosecute an injury done to him as breach of the King's Peace and might also defend the Right of his Fee and Inheritance by Combat [7.] Ibid. c. 3. In fine The Punishment of a Recreant The Battel ended the vanquished Person was (d) This was a great Penalty in those days and in the Saxon times one of the highest for great Crimes as appears every where in their Laws punished sixty shillings as a Recreant or Coward and moreover lost the Law of the Land [7.] Ibid. c. 3. In fine The Punishment of a Recreant And if the Champion of the Tenent or Defendant was overcome his Lord Patron or Master lost the Land claimed with the Profits and Commodities found upon it at the time of Seisin And could never afterwards be heard in Court again for the same for those things that were determined in the Kings Court by Duel were to remain firm for ever and thereupon a Precept was directed to the Sheriff That the Victor should have the Land which by Combat was proved to be his and should be put in Seisin of it by this [8.] Ibid. c. 4. A Writ of Seisin to the Victor after Battel Writ The King to the Sheriff Greeting I command you that without delay you cause M. to be seized or give him Possession of one Hide of Land in such a Town concerning which there have been a Plea or Controversie in my Court because the said Hide of Land was adjudged to him in my Court by determination of Combat witness Ranulph c. [9.] Ibid. c. 5. Thus it was if the Demandant prevailed in the Combat but if his Champion were overcome then the Tenent or Defendant was acquitted from his claim Thus much Glanvil of Tryal by Combat in Civil Cases In Criminal Cases it was also used Duel or Battel in Criminal Cases but more especially in Appeals of Treason and Murder And the manner of this Tryal [1.] Lib. 3. c. 18 Bracton delivers beginning thus of those which are taken for any Crime or great Felony as for the death of a man c. [2.] Ibid. n. 3. when the Delinquent was brought forth and accused in Court and confessed the Crime there was sufficient ground for a full and compleat Judgment But if he denied it and any one Appealed him of the Crime and that he did not except (e) There were many Exceptions to be taken many several ways in this way of Tryal Exceptions against an Appellant as first to the Person of the Appellant that he was Outlawed Perjured a Condemned Person or formerly had been Recreant and not made good his Proof c. any of which were reason enough to put him by his challenge if proved against the Appellant he had his choice whether he would be tried by his Country whether guilty or not or he might defend himself by his own body that is by Battel if he chose to be tried by the Country and repented him of it he could not try his Case by Duel but must have it decided by the Country and so on the contrary And taking upon him to defend himself by Battel [3.] Ibidem The Judge by his Office ought to examine whether all things rightly concurred for the joyning Battel [4.] Ibidem and if the Fact and Cause were sufficient and all things concurred well to warrant the Combat then the Appellate or Defendant gave Pledges or Security to defend himself and the Appellant to disprove or dirationate him and if the Appellate or Defendant were overcome The Defendant if overcome lost his Estate and Goods The Appellant if vanquished cast into Prison as a False Accuser he suffered capital Punishment and lost all his Estate and Goods But if the Appellant were vanquished he was committed to Prison to be punished as a False Accuser yet he was not to lose either Life
and King of England burn his Towns and Villages Henry craftily brought over Matthew Earl of Bologn to his side but when he was to come to his assistance John Earl of Pontheu would not permit him to pass through his Country so that he was forced to Ship his Soldiers and bring them by Sea for which denial the King and Earl Matthew march into Earl Johns Country and burn above forty Towns and Villages The mean while the King of France burnt the Castle of Hugh of Newcastle called Brueroles and wasted almost all the Country of Perch In the day of [6.] Ibidem C. 1168. Peace between the two Kings Henry Son of King Henry did Homage to the King of France for Anjou Main and Britany He is made Senescal of France Epiphany or on Twelf-day the two Kings were Reconciled and made Friends Henry Son to King Henry did Homage to the King of France his Father in Law for the Earldoms of Anjou and Main and the Dukedom of Britany which he then gave him for the Dukedom of Normandy he had done Homage before At the same time his Father in Law made him Senescal of France which belonged to the Fee of Anjou and then also Richard Son of King Henry did Homage to the King of France for the Dukedom of Aquitan In the Feast of the Purification of the Virgin Mary or at Candlemass Henry the Son of King Henry at Paris served the King of France at his Table as Senescal of that Kingdom King [7.] Ibid. D. An. Do. 1169. He doth Homage to Philip Son of King Lewis As also his Brother Geofry for Britany Henry Conferred with the King of France at St. Germans En Ley and there his Son Henry did Homage to Philip Son of King Lewis and Geofry at his Fathers Command did Homage to him for the Dukedom of Britany In Lent King Henry went into Gascony and destroyed many Castles that were fortified against him and reconciled to himself and made Peace with the Earls of Angolism and March and many others of less Note In May Geofry the Son of King Henry came to Rennes and Stephen Bishop of Rennes Geofry receives the Homage of the Barons of Britany Aubert Bishop of Alith and Robert Abbat of Mont-Michael and other Religious Persons receceived him with great Veneration in the Church of St. Peter and there he rceived the Homage of the Barons of Britany At Christmass following the King kept his [8.] Rad. de Diceto Col. 551. n. 50. Benedictus Abbas p. 29. a. The remainder of the British Barons swear Fealty to King Henry and his Son Geofry Court at Nantes where were present the Bishops and all the Barons of Britany and all the Earls Barons and Freemen that had not done it before sware Fealty to him and his Son Geofry From thence he passed into Normandy and put all things into good order there and then came into England and landed at [9.] John Bromton Col. 1060. n. 30. King Henry comes for England is in danger of Shipwrack Portsmouth on the third of March In his Passage there happened a great Storm at Sea wherein the King was in danger of Shipwrack one of his best Ships was lost and several of the Nobility with 300 Persons of both Sexes perished in her Soon after his coming into England [1.] Chron. Gerv●s Col. 1410. n. 10. Ben. Abbat p. 29. b. Inquisitors appointed in all Counties of England he called together his Great Men and appointed Abbats and Clerks Earls and Knights to pass through the Land giving them a Form in Writing what they were to do Into Kent Surry Middlesex Berkshire Oxfordshire Buckinghamshire and Bedfordshire were sent the Abbat of St. Augustins in Canterbury the Abbat of Chertesey the Earl of Clare William de Abrincis Maneser de Dammartin Gerold Fitz-Ralph Gilbert de Pinkeny William Fitz-Helt William Fitz-Nigell William Fitz-Martin Ralph of the Hospital and Ralph de Dene All these together were to go the Circuit in the Counties abovesaid and in like manner Inquisitors were sent through all the Counties of England These Itinerant [2.] Chron. Gervas Dorob Col. 1410. n. 20 30. Anno Dom. 1170. Barons were to exact Security and Pledges of all Sheriffs who were Sheriffs since the King went into Normandy which was about four years and of all that after that time were their Bayliffs or Ministers whatsoever Bayliwick or Charge they had under them and of all those which had Hundreds of Barons in any Counties whether they had them in Farm or Management That they should be before the King at a day by them appointed to do such Right to him and his Subjects as they ought to do and if the Sheriffs could not come before them they were to send such in their steads as would be answerable for them and they were to give Security and Pledges as well for themselves as the Sheriffs that they would do before the King what the Sheriffs ought to do at the day appointed And then they were to make this Enquiry I. First of all [3.] Ibidem n. 50. The Articles of Enquiry they were to enquire of the Sheriffs and their Bayliffs what and how much they received of every Hundred and every Township and every particular Man since the King went last into Normandy by reason whereof the Nation or particular Men might be grieved and what they took by the Judgment of the County or Hundred and what without it and what appeared to be taken by the Judgment c. i. e. lawfully was to be written and noted by it self and what was taken without Judgment c. that is unlawfully was also to be written and noted by it self and of all their takings they were to enquire the Cause and with what Testimony or Authority they took any thing from any Man II. Also They were to enquire [4.] Ibidem n. 60. what Lands and how much the Sheriffs had bought or received in Mortgage or were Pawned to them III. Also They were to enquire of the [5.] Ibidem Arch-Bishops Bishops Abbats Priors Earls Barons Vavasors Knights Citizens Burgesses and their Senescals or Stewards Bayliffs or Ministers what and how much they have received in their Lands after the Term aforesaid of every of their Hundreds Townships or their particular Men by Judgment or without it and all the Prises or Takings the Causes and Occasions of them they were to be written and noted distinctly IV. Also They were to [6.] Ibidem 1411. lin 5. enquire of all those that since the time aforesaid had any Bayliwick that is Charge or Employment under the King concerning an * That is when they were void and the Baronies in Custody or Ward Arch-Bishoprick Bishoprick Abby Barony Honour or Eschaet what and how much they gained in that Employment V. Also They were to [7.] Ibidem n. 10. enquire of the Kings Bayliffs or Officers who managed his Business what in any place had