of Canturbury and my own with all things belonging unto them under Gods protection and his Nevertheless you my Brethren and fellow-Bishops because you obey Man rather then God He Appeals to the Pope I call you to the Audience and Judgement of the Pope And as from the Enemies of the Catholic Church by Authority of the Apostolic See I retire from hence And so made his Escape as hath been before related But [5.] Hoved. f. 284. a. n. 10.20 A. D. 1165. before he could reach the King of France Gilbert Foliot Bishop of London and William Earl of Arundel had been with him â—o prohibit him from receiving the Arch-Bishop of Canturbury into his Kingdom and to prevail with him to send to the Pope The King sent the Bishop of London and Earl of Arundel to the King of France not to receive him That out of kindness to him he would not receive him into his favor But by how much the more the King of Englands Messengers laboured that the Arch-Bishop might be expelled France by so much the more the King of France cherished his cause and besides sent Francis his Almoner to Pope Alexander then in France * Mandans ei ut sicut honorem Requesting or Requiring him That as he loved the Honor of the Roman Church and the Advantage of the Kingdom of France so in all things he should maintain Thomas Arch-Bishop of Canturbury and his cause against the Tyrant of England and from that time forward the Pope received him into great favour In the mean time 6 ibid. n. 30.40 He sends also to the Pope to no purpose King Henry sent to the Pope Roger Arch-Bishop of York Henry Bishop of Winchester Gilbert Bishop of London Hilary of Chichester and Bartholomew Bishop of Excester Wido Rufus Richard Ivelcester and John de Oxford Clercs William Earl of Arundel Hugh de Gundevile Bernard of St. Walery and Henry Fitz-Gerald who found the Pope at Sens and spake many Evil and false things against the Arch-Bishop but the Pope believed them not His messengers Râ—quested him to send two Legats to hear and determine the cause Knowing they delivered false Testimony against him They seeing they could not prevail Requested him to send two Legats into England to hear the Controversie between the King and Arch-Bishop and to determine it according to the Honor of God and of Holy Church and the Kingdom * Hoveden reports [1] f. 483. b. n. 20.30 The Arch Bishop charged with 30000 l. that the King sent his Knights to him and commanded he should come and give a full Account of what he had received when he was Chancellor and particularly of 30000 pounds of Silver To whom he answered That the King Knew well enough that he had often given an Account of all those things which were demanded of him before he was Elected Arch-Bishop And That at the time of his Election Henry the Kings Son all the Barons of the Exchequer and Richard de Luci Justitiary of England had acquitted and discharged him to God and Holy Church from all Receits and Accounts and from all Secular Exaction on behalfe of the King and That he was chosen to his Office Free and discharged and therefore would not answer further He pleads his discharge [2] ibid. In Electioné mea Henricus filius ejus omnes Barones Scaccarii Richardus de Luci Justiciarius Angliae clamaverunt me quietum Deo Sanctae Ecclesiae de omnibus Receptis Computationibus ab omni exactione Seculari ex parte Domini Regis sic liber absolutus Electus fui ad hujus officii administrationem ideo nolo amplius inde placitare But the Pope [7] Hoved. 1.284 a. n. 30.40 The Pope would neither send Cardinal nor Legats lest they should be corrupted would send neither Cardinal nor Legats Knowing the King of England to be mighty in Word and Deed and that the Legats might easily be corrupted as men loving Gold and Silver rather then Justice and Aequity and therefore the Kings Envoyes retired from the Popes Court and within four days the Arch-Bishop came thither and throwing himself at the Popes Feet delivered him a [8] See Append n. 41. The Pope damns the Kings Laws Transcript of the Laws which the King called Ancient Which when the Pope had heard read before the Cardinals Clergy and People he for ever damned them and anathemized all those that kept or any way favoured them After these things in the same year King Henry passed into Normandy making a Grievous and [9] See Append n. 44. The King puts forth a severe Edict execrable Edict so Hoveden against the Pope and Arch-Bishop the Contents whereof were these If [1] Hoved. f. 284. b. lin 4. any one shall be found bringing Letters or Mandates of the Pope or Arch-Bishop containing an Interdict of Christianity that is the use of the Service Sacraments and Holy Rites in England let him be taken and let speedy Justice be executed upon him as a Traytor to the Kingdom Also no Clerc Monk or other Religious person may be permitted to pass beyond Sea or return into England unless he hath a Pass-port from the Justices for his Going out and the Kings Letters for his return and if any one doth otherwise let him be taken and imprisoned Also it was forbidden That no man bring any Command or Message from the Pope or Arch-Bishop whoever doth let him be taken and deteined Also generally it was forbidden that no man should Appeal to the Pope or Arch-Bishop nor for the future should receive any Message or Commands from them nor hold any Plea by their Order or Command and if any man did contrary to this prohibion he was to be taken and deteined or imprisoned Also the Bishops Abbats Priests Monks Clercs or Lay-men that shall comply with or submit to the Sentence of an Interdict They and their Kinred shall forthwith be cast out of the Nation and shall carry nothing with them Their goods and possessions shall be taken into the Kings Hand Also all Clercs That have Rents and Estates in England shall be summoned that they Return to them within three moneths and if they do not their Goods and Possessions shall be seized to the Kings use Also That the Bishops of London and Norwich should be summoned before the Kings Justices to make satisfaction for that contrary to the Statutes of the Realm they had interdicted the Lands of Earl * Hugh Bigod Earl of Norwich Or Hugh Earl of Chester Hugh and pronounced Sentence against him Also That the Peter-Pence should be gathered and safely kept After this in a Discourse in the Council which the King held at Chinon in Tourain as [2] f. 284. b. n. 30. Hoveden seems to have it or in an Epistle to him as the Quadripartite [3] lib. 5. History hath it He tells the King That the Church of God consisted
b. n. 50. f. 47. ◠lin 1. is very observable in this Matter in which he gave to his Lord a Bracelet of 80 Marks of Gold and a Hand-Sword worth as much Four Horses two of them Trapped and Two Swords Trimmed Two Hawks and all his Hounds And to his Lady one Bracelet of Thirty Marks of Gold and one Palfry to prevail with him that his Will might stand and take effect Lambert's Peramb of Kent p. 493. Without all peradventure the Lands of Birtrick bequeathed by his Will were Feudal Lands holden in Military-Service and not Deviseable without his Lord or Patrons consent In Doomesday we find Tit. Kent fol. 1. b. in lest de Sudton lest de Ailesford habuere ipsi T.R.E. Sacham Socham Brixii Cilt Adelold de Elleham Auchil de Becheham Azor de Lesneis Levinot de Sudton Edward de Eston c. to the number of 15 and if so many in these Lests we may conclude the like proportion in others All which must have been Military Thanes and held their Lands by Military-Service for Sacha and Socha a liberty and priviledge to try Causes with a peculiar Jurisdiction between the Lord and Tenants or his Men and Tenants as the words import was and is a most certain Argument of Dominion and Seigneurie which was first obtained from the Prince and an Infallible Mark of Military Service due from him that enjoyed it and an obligation upon him to perform it What Feudal Tenures were and are and what the Obligations Stipulations or Necessitude between Lord and Vassal Patron and Feudatarie See the Preface to the Norman History Tit. Herefordscire consuetudines de Hereford T. R. E. if any Burgess or Citizen would leave the City he might by the leave of the Praefect or Governor and sell his House to another Man that was willing to do the Service that was due for the same ibid. from a Burgess or Citizen serving with a Horse the King when he died had his Horse and Arms in the time of King Edward Doomesday Beroscire Wallingford Tainus vel Miles Regis Dominicus c. a Thane or one of the Kings Knights dying the King had all his Arms one Horse with a Saddle and another without c. in the time of King Edward This Relief as it was there called was a sure Mark of Military Service besides what the words Miles dominicus Regis imports Instances are frequent in Doomesday Book that prove Military Service Warwicscire Tit. Terra comitis de Mellent in Patelawe Hund. fol. 240. b. col 2. ipse Comes tenet in Luditone 12 Hid. 4 Milites de eo 4 Teini liberè tenuerunt T. R. E. pro duobus Maneriis Here we see four Thegnes or Teins changed into four Knights or Horsemen Hantscire Terra Hugonis de Port in Neteland Hundred ipse Hugo tenens Celtone Oda tenuit de Rege Edwardo in Modium ibi erant decem Hidae sed R. E. misit ad servitium that is Military Service Geldum pro 4 hidis 1. Virgat Terrae Milites are often mentioned in Doomesday in Edward the Confessor's time Liberi homines thegnes were Milites or Soldiers And further 't is not to be doubted but many of the Thegns or Teins were Military Men 't is most probable that the liberi homines and Teins which were very many in Cestrescire Scropscire and Herefordscire all Bordering Counties which are recorded in Doomesday to have held whole Towns and Maners before the Conquest were all Milites and those in other Counties also that held whole Towns and Maners though they were no where so many as in these they were entred thus Cestrescire Atiscros Hund. Rob. de Roelent tenet de Comite Brochelune Levenot tenuit liber homo fuit so through the whole Country almost Scropescire Tit. Terra Roger Comitis in Odenet Hund. fol. 245. a. Raynaldus Vicecomes ten de Comite Mercemeslei Sewarus Aluric pro duobus Maneriis tenuerunt T.R.E. erant liberi ibidem Idem Raynaldus ten de Comite Stanweie Odo de eo Aluric tenuit liber homo fuit ibidem Rainaldus cum quodam Roberto ten de Comite Grotintune Odo de eis Alfric Otro tenuêre pro duobus Maneriis ipsi Teini erant liberi and so very frequently in that County Hereford-scire Tit. Terra Regis in Naisse Hund. fol. 180. b. Rex tenet Feccheham quinque Taini tenuerunt de Edwino Comite poterant ire cum Terra quo volebant habebant sub se quator Milites ita liberi ut ipsi erant These Milites probably served for them in their Absence Ibid. Tit. Terr Hugon Lasne fol. 187. a. col 1. Hugo Lasne ten Chenescestre Ulwi Cilt tenuit poterat ire quo volebat And in this Shire the Saxons that held Towns and Mannors T.R.E. are often mentioned with this Addition potuit ire quo volebat which was a phrase equivalent to liber homo fuit The reason of my conjecture that these liberi homines were Milites is for that the Normans who made this Survey called Milites frequently Liberi homines See the Laws of William the First Ll. 52.55 58 59. And Spelman's Glossary verb. parium judicium fol. 449. col 1. And they only served upon Juries in an Assize upon a Writ of Right Glanvil lib. 2. c. 11. lib. 9. c. 7. and those Jurors were always liberi homines or Free-men Military Service was always called liberum Servitium Liberi homines always served on Juries Military Service called Free-Service Tenures Free-Service ib. lib. 12. c. 3. And in other Nations in these Ancient times all Tenures were esteemed base and ignoble except Military Tenures which were reputed Free and Noble From this Survey we may conclude that there was not much of that sort of Land called Bock-land if it were only expressed by Allodium for in the Saxons time there was but little of that in respect of other Tenures These were the several sorts of Lands here amongst our English Saxons let us see whether they were also amongst the Germans The several sorts of Land amongst the Germans For Gafol Rent or censual Land it is as old as Propriety and therefore in Germany as well as in other Countries for all men could not use their own Lands but permitted others to occupy them under a certain Rent or Payment of such things as then they made their Payments in As we have it in 9 De Mor. Germ. c. 25. Tacitus frumenti modum Dominus aut pecoris aut vestis colono injungit The Lord injoyns his Colon Clown Bore or Rustick to pay him a certain quantity of Grain Cattel or Cloaths c. This sort of Land is also found in the Laws of the West-Goths lib. 10. Tit. 1. c. 11.25 Capit. Car. lib. 4. c. 39. where it is called Terra tributaria c. 37. As for Hereditary Land which the English Saxons called Bock-land it may
to these Meetings and he that neglects to come shall be punished fifteen shillings So it was here in the Saxons time Doomesday in the Customs of Arcenfield in Hereford-shire Si vice-comes evocet eos ad Sciremote meliores ex eis Sex aut septem cum eo vadunt qui non vadit vocatus det duos solidos vel unum bovem Regi An Ox valued at 2â— qui de Hundret remanet tantundem solvit And there in the Customs of Chester T. R. E. erant duodecim Judices civitatis hi erant de hominibus Feudataries or Milites Regis Episcopi Comitis horum siquis de Hundret remanebat die quo sedebant sine excusatione manifestâ x. solid emendebat inter Regem Comitem and so in the Customs of other places in Doomesday in the time of Edward the Confessor there are Mulcts and Punishments to be found for such Suitors as gave not their Attendance at the County and Hundred Courts And further as we had our * 12 times in a year Ll. Ed. Conf. c. 35. Tit. de Heretoch Hundred Courts Ll. Edgari before cited Ll. Ethelred c. 4. leg polit Canut c. 16. So had the old Germans Ll. Alaman Tit. 36. § 1. Conventus c. let the Meeting or Gemote according to antient Custom be in every Hundred before the Earl his Commissary or the Hundredary ibidem § 2. Hundred Courts in Germany Let the Court be from Saturday to Saturday or what day the Earl or Centenary shall think fit every seventh (e) The old Germans and Saxons reckoned their time by nights instead of days and Winters instead of years in some spaces of time we yet retain the Custom as in seventh night and fourteenight or Forthnight night when (f) In old Germany all Frays Fighting Wounding Striving Stealing and all great Offences and Crimes were accounted breach of the Peace so was it here amongst the English Saxons and at this day with us the Peace is not well kept but when the Peace shall be better kept then the Hundred Meeting shall be every fourteen nights Every Free-man whatsoever he was whether the Vassal of a Duke or Earl was punished twelve Shillings if he came not to this Meeting Matters of less moment were determined in the German hundred Courts as well as in ours Ll. Longobard lib. 2. Tit. 52. c. 3. Matters of less moment were â—riable in the hundred Court No man in the Court before the Centenary shall be judged to death or to lose his Liberty his Estate or his Slaves but all such things shall be judged before the Earl or Legate or Commissioner And the greatest matters were triable in the County that is in the County Court where with them and us the Titles of Estates in Land were triable And lastly as we had our Burghmotes mentioned in our Saxon Laws last cited so had the Germans in their Municipia Burghs and Cities their Courts and Judges Their Burgraves civitatis praeposit which Magistrate was sometimes called Sculdais Sculdasis Scultetus or Schults the Tungreve Burmester or Burgomaster not unlike our Major Bayliff or Alderman if the Cause were such as the Sculdais could not end it he was to direct both Parties to their Judge which was the Comes pagi or Earl of the County where the City or Town was Ll. Longobard lib. 2. Tit. 41. c. 1.2 The Parity or Identity of Courts being shewn the Method of proceeding in them shall be considered the very Forms are not to be found of what was done in the Saxons times The Learned [3.] Praefat. in Auth. decem fol. 43. Selden confesseth he could never find them Some Conjectures I shall make what was done here and shew the proceedings in Germany 'T is said in the Fourth of King Ethelred's Laws made at Wanateing Brompton col 896. Habeantur placita in singulis Wapentachiis and let Courts be held in every Wapentach or Hundred How the English Saxons proceeded in Judgment The 12 men mentioned in the Saxon Laws were no Jury-men but Judges and let twelve of the most knowing so I translate Seniores here Thanes or Freemen assemble and meet with the Centenary or Governor of the Hundred so I render Praepositus and swear they will accuse no Innocent person nor spare one that is guilty These twelve Thanes are commonly taken to be Jurors or Jury-men and the other twelve mentioned in [4.] Lamb. fol. 94. Senatus consulto de Montic Wall Six Welch six English are taken to be a Jury ex medietate linguae to try the Welch and English in those parts but these last in the very Law are said to be Judges and Lawyers and not Jurors and were to be punished in their whole Estates if they judged not according to Right and Equity unless they could excuse themselves by pretending to be ignorant of the Law and the other twelve Thanes named in Ethelred's Law were no other but Judges or Assessors with the Hundredary Reve or Praepositus and sworn with him to do every man right and were the same with the (g) They were Assessors to the Comes in his Court or Mall so called from the Saxon Racha a Cause and Burgus a Burgh or City as if we should say a City Judge they are often mentioned in the Salic and Ripuarian Laws as Assistants to the Graffio or Comes Rachinburgii and (h) So called from the * Gryph Weich Sax. c. 64. n. 7. They occur often in the German Laws Saxon Scheppen jubere monere and were Assessors also with the Count and sometimes as Officers under him judged Causes A shaddow of these we retain still in our †Coke in Hund. and County Courts Inst 4 c. 55 56. Free-holders Judges in County and hundred Courts Notes Judgment given by the Major and Assessors in some of our Corporations Essoims what and whence that word County and Hundred Courts where the Free-holders Sectatores curiae Free-Suitors are Judges and Judgment cannot be given in the Court by the Sheriff but in the presence of two three four or more of Free-holders which is now holden sufficient to intitle them to be Judges and the Judgment there given In some also of our Corporations there are Assessors with the Major or chief Magistrate as in Cambridge Judgment is given by the Major and Bailiffs which are four in number besides the Aldermen c. And we find in the Customs of the City of Chester in Doomesday there were twelve Judges of that City in the time of Edward the Confessor which were the men or Feudataries of the King Bishop and Earl Scabini of the Germans which were Judges Coadjutors and Assessors with the Comes and other inferior Judges The Germans caused appearance by Summons and Distress The Germans had two ways of procceeding one by Summons which in their Laws is called Mannitio and that only in two cases when the Question was about a mans
complying with his request wrote to the King using these words in his Epistle which by the Incongruity both of Words and Latin seem to be the Invention and Scribble of some illiterate Monk Cum vero ad vos miserimus Legatum nostrum de aliis dicens nunc autem de nostro fatre jam dicto Leofrico praecipimus atque rogamus ut propter Domini nostri amoris causam adjutorium praebeas ut à Cridoniensi villulâ ad Exoniam sedem Episcopalem possit mutari The King Ibidem n. 50. Edward the Confessor by the Pope's order changeth the Seat of the Bishoprick from Crediton with great Devotion giving his assent to these Letters forthwith gave to Bishop Leofric the Monastery of St. Mary and St. Peter the Apostle in Excester that he might fix his Episcopal Seat there and after some Months coming thither he took him by the right hand and his Queen Edgith by the left and placed him in his Pontificial Chair in the said Monastery in the presence of many of the chief Nobility of England By both these Stories it might seem that the Popes had some power over the Kings of England in these times for that they commanded as well as requested them to do the things abovementioned Both these Stories are groundless But both of them may well be suspected for there never was but one Fâ—rmosus Pope who died Decemb. 14. in the year 895. according to Onuphrius in his Chron. Pont. Roman fol. 27. ten years or at least before this pretended message to Edward the Son of Alfrid who was not King of England at that time having begun his Reign Anno Domini 900. as is noted in Lambards Saxon Laws or Anno Dom. 901. according to the Saxon Annals And not much unlike to this Message is the pretended Epistle of Leo to Edward the Confessor For Leo the Ninth who it must be if any entred not upon the Papacy until the twelfth of February in the year 1049. as in Onuphrin in that year which was the seventh and not the third of the Confessor's Reign as the Story hath it in the first Volumn of the * Fol 221. col 1. lin 3. Monasticon from a M. S. in Cotton's Library I shall conclude this present matter and this first part of the Saxon History with this Remark that many Bulls Charts Priviledges Epistles c. reserved in the Saxon Monasteries were thought fraudulent and suspected by the Antients themselves And that by the Observation of some Norman words often to be found in them the accurate noteing of their Dates and Agreement of the years of our Saviour Christ Kings Reigns and Popes Sittings they may be detected THE SECOND PART OF THE Saxon History THE Roman Empire sinking under its own weight Vortigern alias Guortigern A. D. 446. and not able to afford the Britains any further assistance as was said in the close of the Roman Story who were at this time under the pressure of many and grievous Miseries Fire Sword The Miseries of the Britains and Devastation from the Picts and Scots Gildas c. 17. p. 39 40. and the intolerable rage of Famine at home yet at length assembled together from the Mountains and out of the desert Woods obtained a signal Victory over their Enemies but under whose conduct I no where find after which for some time they injoyed a happy Repose not being much troubled with Invasions and their Country abounded with so great a Plenty of all things as there was no memory of the like What the Government was here and who the Governors for some time after the Romans departure appears not By Gildas it is probable there were several petty Princes or Rulers in the several parts of Britain which were once the Province and subject to the Romans as Constantine Aurelius Conanus Vortiper of the Demetians Cuneglasse c. In this time of breathing Ibid. p. 66 72 75 77. from the Violence of their cruel Enemies an horrible Plague invaded them which swept away such multitudes as the living were scarce able to bury the dead Ib. 46 47 48. and then also the News was brought them of the Intentions of their inveterate Enemies that they were about to return and invade them with such a force as should take possession of their whole Country at this time Vortigern otherwise Guortigern Vortigern chief in Britain whether by choice as some or force as others report obtained the Government over the Britains to whose Easiness Supinity Luxury and Effeminacy Ibidem and so forward the Ignorance Avarice Debauchery and Simony of the Clergy and after these great Examples an Universal Lapse of the Nobility and People into notorious Extravagancies and Impieties The Cause of the Ruine of the Britains Gildas passionately attributes the ruine of his Country Vortigern A D 〈…〉 To prevent which as was thought and to repel the Violence and hinder the Incursions and Invasions of the Picts and Scots Vortigern held a Counsel of his Great men and Nobles 〈◊〉 49. Melaâ—b l. 1 c 1 being excited thereto by the noâ—se and clamours of his People wherein by general consent it was agreed to call the (a) They were originally Scythians and came out of Asiatic Sarmatia and possessed and overcame many Countries yea almost the whole Roman Empire under divers names of Goths Huns Vandals Sweves Lombards c. and since that time have conquered other Countries under other names of Saxons Danes Normans c. Their Breed was great and they multiplied so fast that their uncultivated Country was over-stock'd with Inhabitants and not able to sustain them which forced them upon their Expeditions their multitude of Wives being the chief cause of such a vast increase of People These Invaders of Britain had then names from the Gothic or Runic word Saex which signifies a Falchion Sheringham de Orig. Gent. Aug. p. 207. or short hooked Sword or long Knife which they wear as their usual Weapon from thence Saxons Saxons out of (b) They who inhabited or rather committed Piracies from all the Sea Coasts of Germany between the Rivers Rhene and Elb and also upon the Coasts of the Cimbrian Chersonesse or Peninsula which now contains Jutland the Dukedom of Sleswic Ditmarsh and Holsatia which by Bede and other ancient Authors are truly called old Saxony Germany to their Aid They call in the Saxons who no sooner received the Invitation from the Britains by special Messengers but they easily granted what themselves had a thousand times wished for A D. â—49 Bâ—d l. 1. c. 15 Gildas p. 50. and arrived soon after under the conduct of two Brethren Heugist and Horsa in three Long-boats or Gallies which in their own Language they called Kâ—ules in the Island of Tanet which was bestowed on them for a place of Habitation Tanet Isle given to the Saxons and being received with much favor from the King and great affection
himself then the Battel was arrayed as in this Chapter is further described but if there were none to make Suit or Clamor of Murder against a suspected Person accused by common fame the Justice might put him in Prison and examine him before four Knights Four Knights 24 lawful men and might cause a Jury of four and twenty of the most discreet and lawful men that could be found in or about the place where the Murder was committed which were supposed best to know the truth of the Case and how it was done and by these to try him he had his challenge allowed to any of them but what twenty of them said was to remain good without contradiction C. 70. Appeal of Murder Of Murder and Homicide the next of Kin might have the Suit c. if the next of Kin were not of Age then the next of Kin to him that was so C 71 72 73 74 75. Glanv lib. 14. c. 4 5 6. Appeals or Suits of Robbery of breach of the Peace when a man had given Security in Court of his peaceable behaviour toward another of Treason of Mayheme of Assault Rape Burning c. C. 69. Jurors were Glanv l. 2. c. 17. The nearest and best men such as knew the matter in question Jurors were bound to speak the truth concerning the Plaints and therefore were to consider all Circumstances relating to them they were to be of the nearest and best men which were supposed to know the thing in Controversie those which were not such or did not know or understand the matter in Controversie were not admitted It was Vacation all those times C. 80 81. See Westm 1st c. 51. in which Marriages ought not to be solemnized upon all Solemn Feasts and Fasts and the four Solemn times The Law of Sanctuary was in Normandy C. 81 82. Law of Sanctuary No Clerk Ecclesiastical Person or Religious C. 82 83. Clerks c. exempt from Lay-Courts except c. was to be taken or arrested and if he were was to be restored to the Church if demanded and if convicted in Ecclesiastical Court was to be degraded and deposed from the Priviledge of a Clerk Such Persons were exempt from sole Jurisdiction of a Lay-Court unless in such matters as concerned a Lay-Fee Simple Plaint personal was so called C. 85 86 123. Simple Plaint Desrene because determined by Simple Law which was called Desrene which was a Purgation of the Defendant by his own Oath and by the Oaths of his Coadjutors This Plaint was either of Words or Deeds of Deeds as when one complained that another struck him and had his Witness ready that said it was true that he saw and heard it and was ready to do according to the award of the Court without which last words his Testimony had been invalid for 't was not enough to say he saw and heard it but he must also offer himself to the award of the Court from which Accusation the Defendant purged himself by swearing that he did not strike him and that his Witness neither saw nor heard it Purgation by Oath or Canonical Purgation and his Coadjutors swore also that he sware a true Oath Desrene in Latin is called Deraisnia and perhaps is the same with Dirationatio in the old Historians in the Canon Law it is called Purgation or Canonical Purgation and with us wager of Law as also here Wager of Law Se cil qui est querelle enchet de la Loy que il a gaigee il doibt amender le misfaict á celuy á qui il le fist á la Court C. 85. If the Querelate or Defendant fails in the Law he hath waged c. when the Coadjutors had sworn the accused Person was freed and the Accuser was in Amends See in this Chapter toward the end the difference of the Amends to common Persons and to Knights and Souldiers who are called Authentick Persons The Amends was as much to the Lord in whose Court it was tryed as to the injured Person and more to the Duke or at the discretion of the Judge according to the worth of the Person and Merits of the Cause Personal Plaints that arise from words C. 86. Actions of Defamation were the same we call Actions of Defamation Pleas or Plaints concerning Possession C. 87. All Pleas of Moveables exceeding 10 s. were tryed by Law apparent Ibidem possessory Actions with us were either for Moveables which they called Chattels as Horses Cows Gold Silver or Immoveables as Land Meddow Pasture and all Possessions inherent to the Land which they called Fees Their Possessory Actions were called Simple when terminated by Simple Law apparent when judged by Law apparent that is by Duel or by Inquisition of Country which they call Recognition Pleas of Debts Debtors and Suerties and of Contracts Covenant C. 88 89 90 91. and Bargains C. 92. Feodal Plaints Jury of twelve Knights c. Pleas Feodal are determined some by Desrene or Simple Law concerning Moveables Feodal and others by Enquest which is a Recognition of the truth of the thing in Controversie by the Oath of twelve Knights or twelve other discreet honest credible Persons no ways suspected The matter of all Inquests was contained in the Writ or Brief Inquests Râ—cognitions and those Inquests that proceed by brief are called Recognitions C. 91. Glanv l. 13. c. 2 The same Writs There was one Brief or Writ of Novel Disseisin another of Mort D'ancestor anoter of Eschaet another of Marriage Encombre another of Dowres another of Presentment to a Church another of Fee and Gage i. e. to inquire whether it were a Fee or Morgage redeemable by the Heir in the Tenents hands another De Feodo firmâ i. e. to inquire whether it were a Fee or a Farm for years in the Possessors hands and who was the next Heir of him that let it to Farm another de Estabiliâ to establish Right or of right as we call it another of Sur-demand when the Lord demanded more Rent and Services than was due another of Lay-Fee and Franc Almoign another of Linage denied another of Heritage C. 95. Tit. vene By Justice here iâ— meant the Sergent Views how taken View is when the Plantiff shews before the Justice and legal men the thing which he demands and 't is to be made at a certain place day and hour assigned by the Serjeant who is here intended by the Justice the Viewers being assembled the Serjeant is to recite the matter of the Plaint contained in the Writ or cause it to be read and then the * Bracton l. 4. c. 16. n. 4. Vpon View the Land was taken into the hand of the Duke and not restored until the Plea ended Plantiff is to shew what he demands with the bounds in length and breadth or as we the Buts and bounds At the time of the View the thing shewn ought to be taken
Kings favour who neither respected him as his Spiritual Father or Arch-Bishop and utterly refused his Prayers and Blessings At the Kings return into England after the expence of a vast Sum of Money without effect [8.] Ib. n 30. Anselm would go to Rome for his Pall. Anselm went to him to let him know his intention of going to the Pope to demand his Pall. The King asked him from which Pope he would require it [9.] Ibidem n. 40 50. The King is not willing he should No Pope to be owned without the Kings Licence he answered him from Vrban to which the King replied that as yet he had not acknowledged him Pope neither had it been the Custom in his or his Fathers time that any one in the Kingdom of England should nominate or accept of a Pope without their Licence or Election and whosoever should take from him this power did the same thing as if he should endeavour to take away his Crown Anselm wondring at these things rehearsed what before he had said to the King at Rochester That while he was Abbat of Bec he had recognised Vrban Pope and that he would not by any means depart from his obedience and subjection which words very much [1.] Ibid. fol. 26. lin 1. moved the King so as he protested that the Arch-Bishop against his will could not keep the Faith he ought to him and Obedience to the Apostolick See [2.] Ibidem A Council of all the Bishops Abbats and great Men of the Nation Anselm therefore desired a Council or Convention of the Bishops Abbats and all the Great Men of the Nation for the determination of this Question Whether he might saving his Revenue and Obedience to the Apostolick See keep his Faith to a Terrene King Which [3.] Ibidem n. 10. was granted and almost all the Nobility of the whole Kingdom met at Rockingham in the Church within the Castle the Eleventh of March by the Kings Order and Decree for the ventilateing of this Cause In which Convention Anselm made a Speech [4.] Ibidem n. 20 30 40. c. recapitulating how hardly he had been drawn to accept of the Arch-Bishoprick and only by their perswasion and that he had told the King he could not one hour depart from his Obedience to Pope Vrban and then with much perplexity urging the difficulty of his bearing Faith to both King and Pope asks the Bishops Advice in the presence of the Great Men who [5.] Ibidem fol. 27. n. 10 20 30. The Bishops advise Anseâ—m to obey the King in all things Anselms Speech to the Bishops and Great Men. unanimously advised him to submit and obey the King in all things But he told them since he gave him their Prince Counsel only according to the will of one Man meaning the King he would apply himself to the chief Pastor and Prince of all Men and would follow what Counsel he should receive from him in the business of his own Church Because it was said to Peter Thou art Peter and upon this Rock I will build my Church and the Gates of Hell shall not prevail against it and to thee I will give the Keys of the Kingdom of Heaven and whatever thou bindest on Earth shall be bound in Heaven and whatever thou loosest in Earth shall be loosed in Heaven So also to all the Apostles in Commune it was said He that hears you heareth me and he that despiseth you despiseth me and he that toucheth you toucheth as it were the Pupil of my Eye And as things were taken to have been principally said to St. Peter and in him to the rest of the Apostles so we hold the same to be principally spoken to the Vicar of St. Peter and by him to the other Bishops Successors to the Apostles not to any Emperor King Duke or Count. Yet we are also taught in what things we ought to be subject to Temporal Princes Give unto Caesar the things that are Caesars and the things that are Gods unto God These are the Words these the Counsels of God these I approve these I receive from these I will not depart Wherefore ye shall all know in general that in the things that belong to God I shall yield Obedience to the Vicar of St. Peter and in those that of right belong to the Terrene Dignity of My Lord the King I will give faithful Counsel and assistance according to my utmost skill and power With this Discourse he [6.] Ibidem fol. 28. lin 8. distracted the thoughts and brake the unanimity of the Bishops and Great Men yet they urge him again [7.] Ibidem n. 20. that he knew the whole Kingdom complained against him that he endeavoured to take away the Crown from their Commune Lord [8.] Ibidem The Bishops advise Anselm to relinquish Vrban and submit to the King for whosoever takes away or destroys the Customs of Regal Dignity takes away both Crown and Kingdom and withal advise him to quit his subjection to Vrban and wholly submit himself to the Will of the King He gave them the hearing of these things but would in no wise deny his Obedience to the Pope This troubled [9.] Ib. f. 29. n. 40 50. The Bishops grow saint in the Kings Cause the King but much more when the Bishops by his perseverance grew faint and cold in this Affair and especially one of his chief Champions William Bishop of Duresme plainly affirmed nothing could be brought to enervate the Reasons of Anselme being founded upon the Word of God and Authority of St. Peter yet he [1.] Ibidem The King advised to take away Anselms Staff and Ring advised to oppress him by Violence and if he would not submit to the Kings Will to take away his Staff and Ring and Banish him the Kingdom [2.] Ibidem That Advice pleaseth not the Great Men. This Advice pleased not the Great Men to whom the King said If this don't please you what will And adds While I live I will not suffer an Equal in my Kingdom Notwithstanding the Courage of the King he so far gained [3.] Ibidem fol. 30. n. 10 20 30. Anselm baffled the Bishops by urging the Popes Authority and his own ovâ—r them upon the Bishops by urging the Popes Authority over him and his over them that they told the King they were sorry they were not able to satisfie him for being Primate not only of England but also of Scotland and Ireland with the adjacent Isles and they his Suffragans they could not reasonably Judge or Condemn him although he was faulty After much Debate in this matter [4.] Ib. fol. 31. n. 40 50. it was referred to a further Hearing until eight days after Whitsunday In the mean while the King Banished Baldwin a Monk Anselms chief Counsellor and two of his Chaplains which much afflicted and troubled him [5.] Ib. fol. 32. n 20. 30. During this Truce or Respite of
Loâ—don and other Castles he held in those parts and so returned to Paris That the Viscount or Vicecomes of Touars Confaederated with King Iohn which caused him to return again into Poictou and destroyed the Lands of that Viscount and then both Army 's being ready to ingage a Truce was made from the Feast of All-Saints for two years On the 2d of [3] Mat. Paris f. 221. n. 50. A. D. 1â—07 â— Johannis A thirteenth part of all Moveables and other things levyed February next following his Return he took the 13th part of all moveables and other things as well of Laics as Eâ—clâ—siastics and Prelates all murmuring but not daring to Contradict it cepit tertiam decimam partem ex omnibus mobilibus rebus aliis c. Cunctis murmurantibus sed contradicere non audentibus only Geofry A. B. of York consented not but plainly contradicted it and privately left England and at his departure anathematized all such as should Collect it in the Province of York and in general all invaders of the Churches possessions The Record [4] Append. n. 83. says this 13th was granted by the Comune Council and assent of his Council at Oxford By whom Assessed for the Defence of his Kingdom and recovery of his right where see the manner of assessing collecting and paying it into the Exchequer All this while [5] Paris f. 22. n. 20 30. The Popes â—eâ—initive Sentence against both the Elects of Canturbury He recomends Stephen Langton to their Choice the Monks and Procurators of each party who were for one Election or the other remained at Rome and the Pope observing both of them to be vitious and not according to the Canons by advice of his Cardinals Nulled both forbidding by Definitive Sentence both the Elects That they should not aspire to the honor or Dignity of the Archâ—Bishopric and then persuaded the Monks [6] Append. n. 84. The Pope perswades King John to receive him to choose Stephen Langton an Englishman and Cardinal their Arch-Bishop who Answered they could not make a Canonical Election without the Consent of the King and their Convent The Pope told them they had full power in the Church of Canturbury and that in Elections made at the Apostolic See the Consent of Princes was not Expected and then Commanded those present being as he said a sufficient number in virtue of their Obedience and under pain of a Curse The Monks though unwillingly choose him Archbishop to chose him Arh-Bishop whom he had given them as a Father and Pastor of their Souls The Monks fearing the Sentence of Excommunication although unwillingly and with Grumbling gave their assent only Elias de Brantefield amongst them all would not Consent Upon this Election the Pope Consecrated him at Viterbo on the 17th of June Soon after this the Pope [6] Append. n. 84. The Pope perswades King John to receive him sent King Iohn a wheadling Letter and four Gold Rings set with pretious Stones and with them or immediately after another Letter [7] Mat. Paris f. 223. n. 30. in which he exhorts him to receive Stephan Langton one Born in his own Kingdom into the Arch-Bishoprick and while by Flattery and perswasion he would have obteined the Kings consent he sent his Command to the [8] Ibid. n. 4. Prior and Monks to receive and obey him as their Arch-Bishop as well in Spirituals as Temporals When the King received the Popes Letters he was in great [9] Ibid. King John â—ighly displeased with the Monks choice Wroth and indeavoured to make them Traytors First That in prejudice of his Liberty without his Licence they had chosen their Sup-Prior and afterwards that they might seemingly satisfie him they chose the Bishop of Norwich and Receiving Money out of the Exchequer they went to Rome to get the Election Confirmed and there chose Stephan Langton his Public Enemy and caused him to be Consecrated Arch-Bishop [1] Ibidem n. 50. For this Cause in his Fury he sent Fulk Cantelup and * He was Sherif of Kent Reginald de Cornhulle most Cruel Knights and void of Humanity says Paris with some armed men to drive the Monks of Canturbury out the Nation The Monks forced to leave their Monastery as if they had been Traytors When they came there they threatned to Fire the Monastery and them in it if they would not depart England and so affrighted them that without any Violence they passed over into Flanders some to the Abby of St. Bertin others to other Monasteries The Monks thus leaving their Monastery the [2] Ibid. f. 22â— n. 1â— â—0 King Johns resolute Letter to the Pope concerning the late Election King wrote to the Pope by his Messengers to let him know what Injury he had done in Cassating the Election of the Bishop of Norwich and consecrating Stephan Langton Arch-Bishop a person altogether unknown and one that had his Education in France and Conversation there with his most Public Enemies without his consent to the prejudice and Subversion of the Liberties of his Crown affirming he could no ways recede from the Election and Promotion of the Bishop of Norwich and if he might not be heard at Rome in his behalf he would preclude all persons from passing thither by shutting up his Ports And since he had Arch-Bishops and Bishops and other Ecclesiastic Prelates in his own Nations abounding in all sort of Learning he told him if he were forced to it he would neither seek Justice or Judgment of Strangers out of them The Pope [3] Ibid. n. 30.40.50 c. The Pope's Answer and Reproof wrote back to him and reproved him for his stiffe way of Writing yet told him though it was not necessary in Elections made at Rome that he the Monks and others had sent for his Consent but their Messengers were stopped or otherwise hindred so as they could not come to him [4] Ib. f. 225. n. 30.40 The same Controversie or Quarrel between King John and Stephen Langhton that was between Henry 2. and Thomas Becket and therefore adviseth him to submit to his pleasure which would be much for his Honor and not resist God and the Church in this Cause for which the Blessed Martyr and glorious Bishop Thomas they are the Historians Words Spill his Blood Especially since his Father and Brother had abjured that Evil Custom The Pope [5] Ib. f. 226. lin 3. A. D. 1208. King John would not be prevailed upon by the Pope's advice finding the Kings Heart so far hardened Cor Regis adeo induratâ—m as not being able to prevail upon his Courtship advice and Comminations to receive Stephan as Arch-bishop being touched with an Inward Grief of Heart by advice of his Cardinals Commanded William Bishop of London Eustachius Bishop of Ely and Mauger Bishop of Worcester to go unto the King and with a pious care and sollicitude [6] Ibid. n. 10. to treat with him about the