the Title of King of England both Kings gave him Dorchester in Oxfordshire for his Bishops Seat But King Cenwalch divided his Nation into two Parishes or Paroches and erected another Bishoprick at Winchester where he placed Wine as Bishop The Heptarchy A. D. 6â—6 Peada Prince of Mercia or Middle England his Father Penda yet living and remaining Pagan for the love he had for Alfrede the Christian Daughter of Oswi King of Northumberland whom he married The Meâ—cians converted Bede l. 3. c. 21. A. D. 656. became a Christian himself and propagated Christianity in his Dominions by the means and assistance of Finian a Bishop and of Cedda Adda Bettâ— and Diuma Partners The Controvâ—rsie about Eastâ—r Ibid. c. 25 26. A. D. â—64 The Question about the Observation of Easter and some other small Ecclesiastical Controversies much disturbed the Quiet of the Church and People at this time so as those of one party would scarce eat drink or communicate with the other the Scots followed the Quatodeciman way according to the Asian Tradition the English the Roman manner of observing Easter and some other small things Managed by Coleman and Wilfrid Oâ—wy joyns with Wilfrid the Controversie was managed by Coleman a Scotch-man Bishop of Holy-Island and Wilfrid an English-man and Abbat at a meeting of divers of both Judgments at the Monastery of Streneshalch now Whitby in Yorkshire where in the opinion of King Oswy of Northumberland Wilfrid prevailed whom he made Bishop of York Ibid. l. 4. c. 1. Deusdedit Archbishop of Canterbury being dead Ercombert King of Kent and Oswy King of the Northumbrians sent Wighard to Rome desiring he might be ordained Bishop of the English Church who dying at Rome Pope Vitalian ordained Theodore a Monk then at Rome Theodore Archbishop of Canterbury A. D. 668. Ibid. c. 2. a Grecian born and very learned man in those times Archbishop of Canterbury he founded a Library and School there had the Greek and Latin Tongues taught with other Arts and Sciences he brought this Church to the Roman Order and Discipline in all things and 't is thought he was the first that had the Title of Archbishop though others before him are so called in his fifth year he called a Council at Hartford A Council called by him at Hartford A. D. 6â—â— in noteing the Acts whereof he stiles himself only Bishop of Canterbury and the other Bishops his Fellow-partners and Brethren in which it was decreed that such things as had been canonically decreed by the trans-marine Fathers should be kept and observed here he then produced the Book of Canons and out of them chose ten heads of such matters as he thought most necessary to be received here they are of small moment and who will may see them in Spelman's Councils he ejected Wilfrid out of his Bishoprick of York Fol. 153. A. D. 680. Bede l. 4. c. 17. but he was restored again by a Council held by Pope * See more of this at the latter end of the first part of this History Agatho at Rome This year at the command of Ecfrid King of Northumberland Edilred King of Mercia Another Council called at Hatfield by the câ—mmand of four Kings Spâ—lm concil fol. 169. Aldwulf King of East-Angles and Lothar King of Kent he called a Council at Hatfield in which were received the Canons of five Councils viz. Nice Constantinople Ephesus Calcedon and the fifth at Constantinople held against Theodore and Theodoret and those Constitutions made at Rome by the Synod held under Pope Martin Ibid. fol. 172. Anno Domini 648. which Agatho this year sent into England Bede l. 4. c. 18. This year likewise John chief Chantor of St. Peter at Rome brought over hither the yearly order and course of singings and readings as it was practised there Wilfrid was not idle although thrust out of his Bishoprick The Heptarchy A. D 692. for then by his preaching he converted the South-Saxons whose King Aedilwalch had been before baptized in Mercia Ibid l. â— c. 13. The South-Saxons converted Isle of Wight converted Bede l. 4. c. 2. Theodoâ—e erects Bishopricks in several places Dr. Marshams Preface to the first Volumn of the Monasticon After the same manner and by the same Wilfrid was the Isle of Wight converted and by others the other parts of Britain subject to the Saxons or English Theodore was the first Archbishop to whom the whole English Church submitted who travelling about all the Island in the Saxons Possession appointed and consecrated Bishops and erected Bishopricks in fit places and distinguished them into Paroches or * Not into such limits as now make Paroches or Parishes but Bishopricks Parish and Bishoprick all one in elder times Bede l. 3. c. 7. Fol. 188. South-Saxons and Kent ruled by West-Saxon Laws which were commonly called Parishes in Elder times so King Cenwalch is said to have divided his Province into two Parishes when he made a new Bishoprick at Winchester that was taken out of the Diocess of Dorchester Parishes (r.) Lambard says Ina began to reign in the year 712. and quitted his Government in the year 727. but I rather follow Spelman in his Councils who thinks his Laws might be published about the year as in the Margin here is noted to the Laws of the West-Saxons were subject the South-Saxons and the People of Kent Ina King of the West-Saxons about this time published his Laws which were made by the perswasion of his Father Cenred his Bishops Hedda and (Å¿) 'T is probable Ina at that time might be the most powerful of all the Saxon Kings and have the Title of King of England and so Erkenwald who was Bishop of London might be called his Bishop or London then be under his Power Erkenwald and of his Earls or Elders and wise men Ina his Laws A. D. 692. among which were many that were meerly Ecclesiastick as the first That the Ministers of God observe their appointed form of living Lamb. Ll. Inae Laws meerly Ecclesiastick made by King Ina. the second about Baptism the third about working on the Lord's-day the fourth about first Fruits paid to the Church c. Not long after there was (t) It was called a great Council perhaps from the number of all sorts of People that were there not from the number of Divines or Religious which subscribed they being but fifteen Persons Archbishop of Canterbury called Archbishop of Britain at England and five of them Women a great Council held at Becanceld a place in Kent Withred the King thereof presiding in it A. D. 694. Becanceld Council where King Withred presided Spelm. Conc. fol. 191. where were also congregated Bertwald Archbishop of (u) The Archbishop of Canterbury in these antient times is sometimes called Archbishop of Britain sometimes of England Britain Toby Bishop of Rochester and all the Abbats Abbesses Priests Deacons (x) The Latin
Thurstans intentions with request that he would not Consecrate him or Command or permit any one to do it unless the Arch-Bishop of Canterbury according to old Custom in which affair he promised to act no otherwise than the King would have him [8.] Ibidem n. 40 50. The King prohibits him coming into England of which Consecration when the King had certain notice he prohibited Thurstan and his Followers from coming either into Normandy England or any of his Dominions King Henry and the Pope met not long after at Gisors in the Confines of France and Normandy to [9.] Ibidem The Pope yields the King should enjoy his Fathers Customs Confer about this and other matters when he yielded the King should enjoy all the Customs his Father had in England and Normandy and chiefly that no Man at any time should be sent as Legat into England unless the King himself had some special Case or Plaint that could not be decided by the Arch-Bishop of Canterbury and other Bishops of the Kingdom and should desire him to send one Upon this Agreement [1.] Ibidem f. 126. lin 1. n. 10. The Pope would have absolved the King the Pope desired the King to be a Friend to Thurstan for his sake and to restore him to the Bishoprick to which he was Consecrated He answered he had engaged his Faith not to do it so long as he lived The Pope replied if he would do what he required he would absolve him from that Engagement The King said he would consider of that and acquaint him with his Resolution [2.] Ibidem They parted and the King by his Envoy answered That whereas he said he was Pope and he could absolve him from the Faith he had given He denies his Absolution if against it he should receive Thurstan as Arch-Bishop of York it seemed not agreeable to the Justice and Honour of a King to consent to such an Absolution But because he so earnestly desired Thurstan [3.] N. 10 20. should be admitted he granted it should be so if he would come to Canterbury and profess due obedience and subjection to the See and to the Primate in Writing as Thomas Gerard and a second Thomas had done before him which if he refused he should not be Bishop of York so long as he was King of England This I have promised said the King The King would neither acknowledge Thurstan Bishop of York or permit him to remain in his Dominions and pledged my Faith to make it good Arch-Bishop Ralph returned to Canterbury the Second of January Thurstan followed the Pope The King stood to his Resolution and would neither admit him to be Bishop of York or suffer him to remain in his Dominions Soon after Ralph Arch-Bishop of Canterbury [4.] Ibidem f. 130. n. 10 20. Eadmer made Arch-Bishop of St. Andrews his return to England Alexander King of Scots directed a Letter to him to send Eadmer one of his Monks and our very Author that he might be made Arch-Bishop of St. Andrews with the Kings leave the Arch-Bishop sent him and on the [5.] Ibidem fol. 132. n. 10 20. Feast of St. Peter and Paul was Elected and was invested or put in possession of the Bishoprick without receiving the Crosier or Ring from the King or doing him Homage but when he came to be Consecrated he would receive his Consecration no where but at Canterbury and standing upon other Punctilio's being somewhat of the temper of his Master Anselm And rejected for his stifness whose perpetual Companion he had been the King would none of him and so he returned again to Canterbury yet afterwards repenting himself he wrote a very [6.] Ibidem fol. 139. c. submissive Epistle to King Alexander In the Convention of great Men at Dover which came thither to meet and receive the new Queen [7.] Ibid. fol. 136. n. 30.40 An. Do. 1121. Thurstan obtained a Bull for the enjoyment of his Bishoprick there was Discourse of the difference between Ralph Arch-Bishop of Canterbury and Thurstan of York who had procured a Bull from the Pope after the same manner all things were obtained at Rome which commanded he should enjoy his Bishoprick under pain of an Anathema to the King and Suspention to the Arch-Bishop After great discussion of the Priviledges of the Church of Canterbury left the Punishment determined in the Popes Letters might affect the King or Arch-Bishop Thurstan was permitted to come into England and go to York but so as he should not Celebrate Mass out of his own Diocess until he had made satisfaction unto the See of Canterbury by abjuring the obstinacy of his Mind Calixtus [8.] Ibidem f. 137. n. 30 40 50. by the help of an Army having taken his Antipope Gregory spoiled him of all he had and thrust him into a Monastery and then being secure of the Papacy sent his Legats all the World over and gave to one Peter of a Princely Family a Monk of the Order of Clugny a Legantine Power over France Britain Ireland and the Orcades King Henry [9.] Ibidem f. 138. n. 10 20. The Popes Legat not admitted in England sent the Bishop of St. David's to Conduct him into England and when he came told him he could not part with the ancient Customs of England granted by the Pope of which one was That England was free and not subject to any Legantine Power with which Information and rich Presents he departed well satisfied not offering to execute his Commission On the Twentieth of October died Ralph Arch-Bishop of Canterbury [9.] Gervas Dor. col 1662. n. 30. An. Do. 1122. William Prior of St. Osith's chosen Arch-Bishop of Canterbury and by the Kings Precepts all the Bishops Abbats and great Men met at Gloucester on the Second of February following to fill that Vacancy where William a Benedictine Monk Prior of St. Osith's in Chiche was substituted in his place Gervase the Monk of Canterbury as all the Writers of this Age tell us That John de Crema Priest Cardinal and the Popes Legat whom the two Arch-Bishops received pompously held and presided in a Council at Westminster the Canons of which are to be seen in Simon Dunelm Anno Domini 1126. and in the Continuer of Florence 1125. and [1.] Ibidem Col. 1663. n. 40 50. adds That it was a thing never heard of since the first coming of Augustin that it was an unsual Novelty a Scandal to England and a grateing upon the Liberty of this ancient Kingdom which had never been subject to any Legantine Power The year following Arch-Bishop William as Arch-Bishop and Legat called and presided in a Council at Westminster The Canons of it are published by the Continuer of [2.] Fol. 662 663. The King confirmed the Canons of Councils Florence of Worcester which the King confirmed by his Royal Authority as he did likewise those of the Council the year before In
Comitis Radulfi Ralph's Father was Walter de Mâ—dunta now Mant in or near Normandy who Married Goda King Edwards Sister and was a Norman or Frenchman This John Fitz-Harold had the Seat of his Barony at Ludley Castle in Gloucestershire from whence he was sometimes called John de Ludleagh John Fitz-Harold who had deserted the King and gone over to the Earl There he stayed two days Sis Soldiers Rapine and rendred Evil for Evil bringing many Men with their Goods and live Cattle to Worcester Not long after the King came from Oxford to Worcester with a great Army and saw what had been reported concerning the destruction of it From thence he went to Oxford again and from thence to Salisbury where he kept his Christmass After that Solemnity he came to [4.] Ibidem f. 674. An. Dom. 1140. Reding and there lay a while and Recruited his Army and marched toward the Isle of Ely the Bishop whereof he always suspected there he found some Resistance but the Bishop seeing he could not defend it against the force of the Army fled to Gloucester to the Earl The Isle of Ely taken by King Stephen The King placed a Garison in the Isle and returned to Worcester with the Earl thereof and a very great Army with which he went to reduce Hereford In the mean while he remained before that place * See all these Practises affirmed by William of Malmsbury f. 105. a. n. 10 20. The Earl of Worcesters further Revenge he burns Tewksbury and returns to Worcester with great Spoils the Earl mindful of the Injuries his Citizens had received with a great Multitude of Armed Men set upon Tewksbury and burnt the Magnificent House of Robert Earl of Gloucester and all things round about with the Houses of others and their Goods within a Mile of that City He spared only the Goods of the Church of Tewksbury being overcome with the importunity of the Abbat and Friers The Spoils taken were great as well of Men as of Goods and Beasts but after a while such as were led Captive were unbound and had liberty to go home The Earl the next day when he returned to Worcester protested to all Men That he neither in Normandy or England had burnt more Places and Houses at one time This was the way in Normandy and from thence brought hither This way of Burning and Rapine brought out of Normandy The manner how the Normans executed their private Revenges one upon another If any Earl or great Man found himself aggrieved by another injur'd or highly affronted they frequently got together all their Men at Arms or Knights that held of them their other Tenents and poor Dependents and as much Assistance from their Friends and Confederates as they could and burnt one anothers Castles or Houses destroyed their Lands and small Territories and carried away the Inhabitants Prisoners These were private Hostilities and Revenges between Man and Man but if there was a Title in the Case and siding one for one Pretender another for another they invaded one another after this manner with more assurance and confidence under the Notion of a Publick War and asserting the Right of that side they struck in withall and were almost constantly encouraged rather than checked by the Pretender The Norman Histories abound with these Stories See Ordericus Vitalis in the Lives of Rufus Henry the First and this King Stephen especially wherein these inhumane Ravages were as frequent and more barbarous than in England for many years until Geofry Duke of Anjou obtained Normandy which was the Inheritance of his Wife Maud the Empress as well as the Crown of England The Readers may wonder what they did with their Prisoners and Captives This Author The Continuer of Flor. of Worcester [7.] F. 672. will resolve them The Soldiers sold their Prisoners and put them to Ransom Militibus in stipendium dantur venduntur vicorum villarum Cultores atque habitatores cum rebus suis universis ac substantiis Such as Manured and Cultivated Towns and Villages and the Inhabitants thereof were given to the Soldiers as their Wages and were sold with their Goods and Substance In this Kings Reign there were in England [8.] Camden Britan. f. 199 200. so many Tyrants as there were Lords of Castles every one pretending to Coyn Money and to exercise the Rights of Majesty The King had with him very many Flemmings and Britains who were accustomed to live by Plundring that came to England in expectation of great Booty Presently after [9.] Malmsb. f. 105. b. n. 10 20. A Treaty of Peace propounded by the Legat. Whitsunday this year by the Mediation of the Legat there was a Treaty of Peace in a Plain near Bath The Commissioners for the Empress were Robert Earl of Gloucester and others for the King his Brother the Legat the Arch-Bishop of Canterbury Theobald and the Queen The Empress was inclinable to Peace but the King by the Advise of those about him averse to it so as this Treaty soon ended without effect [1.] Ibidem It ended without success Toward the later end of September the Legat went over into France to Confer with the King and Theobald Earl of Blois King Stephens elder Brother about the Differences in England and how they might be Composed Proposals offered to them by the Legat the Empress accepts the King refuseth them He returned about the end of November and brought with him such Proposals for Peace as the Empress and Earl assented to but the King delayed his Answer from day to day and at last refused them In the [2.] Ord. Vit. f. 921. A. B. year 1141. according to [3.] F. 105. a. n. 30. An. Do. 1141 1142. Lincoln Castle surprized by the Earl of Chester Malmsbury 1142. Ranulph Earl of Chester who had Married the Daughter of Earl Robert and his Brother by the Mother William de Rolmara or Raumara surprized the Castle of Lincoln The Citizens who much favoured the King sent to let him know that both the Earls were very secure in the Castle and thought not of his coming that they might easily be taken and that they would assist him in taking of them The King besieged it The King makes haste and invests the Castle in Christmass-Holidays The Citizens hearing of his coming seized seventeen Men at Arms that were out of the Castle in the City and made them Prisoners The Earl of Chester makes his escape and sollicites Assistance from the Empress and Earl of Gloucester The Earl of Chester in the Night gets out of the Castle goes into his own Country to raise Friends there and Welsh He further applied himself to his Father in Law being very sollicitous for the safety of his Brother and both their Wives which he left in the Castle and to the Empress promising her all future fidelity and begged their Assistance The Earl of [4.] Ord. Vit. f.
in the mean time gave him three Castles for his support Chinon Mirabell and Lodun and because his Son Henry was then absent he adjured all the Bishops and Noblemen present That his Body should not be buried until he had Sworn he would not violate his Will The Father being dead the Son comes to his Interment and being told by the Noblemen what Charge his Father left with them he long considered what he had to do At length all cried out it would be a perpetual Disgrace to him to suffer his Fathers Body to remain unburied with great Reluctancy he took the Oath But when he was fully possessed of the Kingdom of England he procured from Pope Adrian an Englishman [4.] Ibidem n. 60. Pope Adrian dispenceth with King Henry's Oath Absolution from it for which Reason not thinking himself obliged by it he neither took Care to satisfie his Fathers Will or Brothers Request in yielding to him the Earldom of Anjou Whereupon his Brother fortifies his Castles and makes Incursions into all King Henry's Countries round about them The King passed over Sea raised an Army besieged and took the Castle of Chinon and so humbled his Brother that he rendred all his Castles and had his Pardon [5.] F. 95. n. 40 50. Matthew Paris says they came to an Agreement and that Geofry quitted his Claim for 1000 l. Annuity of English Money and 2000 l. Anjovin and placeth this Action in the year 1156. Soon [6.] Brompton Col. 1049. n. 10. The City of Nantes choose Geofry the Kings Brother their Earl after the City of Nants in Britany not knowing who was their true Lord chose Geofry for their Lord and gave him the Dominion thereof and the Country about it but he lived not long to enjoy it After whose death Conan Earl of Richmond in England took possession of it The King hearing his Brother was dead went over into France and claimed Nants in his Right and as his Successor and gave Command his Earldom of Richmond should be seized It was in [7.] Chron. Norman f. 994. A. B. An. Do. 1157. A Treaty between the Kings of England and France Margaret the King of France his Daughter to be Married to Henry the Kings Son August he went over into Normandy and the first thing dispatched was a Treaty between him and Lewis King of France upon the River Epta in the Confines of France and Normandy concerning Peace and a Marriage to be had between Margaret the Daughter of Lewis and his Son Henry what they Agreed upon was Sworn to on both sides And from thence the King of England went to Argentom and on the Eighth of September summoned the Army of Normandy to meet at Abrinces on Michaelmass-day to go against Conan Duke of Britany to force him to render Nants that he had invaded In the mean time he was invited to the French Court at Paris where he was Entertained with all the Joy and Splendour imaginable and coming from thence he brought the Kings Daughter with him and delivered her to be kept and Educated by Robert de Newburgh Justiciary of Normandy Robertus de Novo-Burgho Dapifer Justitiarius Normanniae Chron Norm f. 996. A. On Michaelmass-day Conan Earl of Rhenes and Duke of Britany with his Britans came to Abrinces now Auranches and delivered to the King the City of Nants with the whole County or Earldom belonging to it In December following [8.] Ibidem f. 994. D. Theobald Earl of Blois makes Peace with King Henry Theobald Earl of Blois made Peace with King Henry and delivered the two Castles of Ambois and Freteval Rotroc also Earl of Perch gave up the two Castles of Molins and Bon-Molins which were the Demeasns of the Duke of Normandy which Rotroc the Father of this Earl had seized upon after the death of King Henry the First At the same time he granted to this Earl Bellism Castle for which he did him Homage He kept his Christmass at Cherbough where he came to meet his Queen [9.] Ibidem f 995. A. B. An. Do. 1158. Alienor who a little before was come out of England From thence he passed to the Castle of [1.] Ibidem King Henry takes the Castle of Bray A Match propounded between Richard Son to King Henry and the Daughter of the Earl of Barcelone Blaye seated upon a steep Hill over-looking the River Garonne where he met Raymond Earl of Barcelone with whom he made a League confirmed with both their Oaths by which it was mutually agreed That Richard the Kings second Son should at years of Maturity Marry the Daughter of Raymond and when the Nuptials were performed he was to have setled upon him the Dukedom of Aquitan This Raymond's Paternal Inheritance was the Earldom of Barcelone and by Right of his Wife he was King of Aragon which he reserved for his Son he had by her King Henry having made this Alliance declares his [2.] Ibidem 995. C. D. An. Do. 1159. The Title of King Henry to the City and Earldom of Tholose Title to the City and Earldom of Tholose which by his Wife was thus Her Grandfather William Earl of Poictou and Duke of Aquitan had Engaged them for a great Sum of Money which he spent in an Expedition into the Holy Land to Raimond Earl of St. Giles which Money he paid not but left the Debt upon his Son William the Father of Queen Alienor For non-payment of this Money Anfonsus Son of Raimond and after him Raimond Son of Anfonsus held the City and Earldom The King of France Married Alienor Daughter and Heir of the last Duke of Aquitan c. and demanded and was ready to possess himself of the City and Earldom of Tholose when Raimond the then Earl of St. Giles Married his Sister Constance King Henry offered the Mortgage Money See John de Sennes The great Army raised to pursue the Title of Tholose the Widow of Eustachius Son of King Stephen and by that means he was permitted to enjoy it King Henry Married Alienor after she was Lawfully Divorced from the King of France and had Issue Male by her then four Sons and from thence grew his Title and Pretence to the City and Earldom To obtain which as his Wives Inheritance he summoned the Force of all England Normandy Aquitan and the other Countries subject to him He carried not with him in this Expedition any Agrarian or Ordinary Soldiers nor Burghers or Rusticks but took [3.] Ibid. D. of every Knights Fee in Normandy Sixty Sols of Anjou Money and in England and his other Countries what he thought good His Capital Barons with few others accompanied him Solidarios Milites innumeros but he collected or raised Stipendiary Soldiers innumerable In this Expedition was Malcolm King of Scots who was Knighted by him and William King Stephens Son Raimond Earl of St. Giles allarm'd with this great Preparation desired Assistance of the King of France who
the Pope the whole Revenue as Earl Conan had directed VI. The Prisoners that had Compounded and made their Composâ—tions with the King that is William King of Scotland the Earls of Leicester and Chester and Ralph of Fougeres and their Pledges were exempted out of this Concord But the other Prisoners on both sides were to be delivered and set free yet so as the King should take Pledges of such as he pleased and such as were able to give them and of others he was to have their Fealty and Oath and Security of their Friends VII The Castles that were fortified in the time of the War were to be in the same Condition they had been before the War VIII That Henry the young King should firmly observe the Donation made by his Father to his Brother John That is to say One thousand Pounds yearly out of his Demeasns and Escheats in England the Castle of Nottingham with the County the Castle of Malborough with its Appurtenances In Normandy One thousand Pounds by the year of Anjou Money and two Castles such as his Father would appoint In Anjou and the Lands that were the Earls of Anjou One thousand Pounds yearly of Anjou Money and one Castle and in Turain one Castle and in Main one Castle IX The King for the love of his Son pardoned all forfeitures of such as left him and adhered to his Son so as they were not to answer for them but for Death Treason and the loss of a Member they were to answer according to the Judgment and Custom of the Land If any one had forfeited any thing before the War he was to stand to * Or the Law Judgment for that They that were engaged in any Plea or Suit the Plea or Suit was to be in the same state and condition it was before the War X. King Henry the Son gave his Father Security that he would keep this Concord As also he and his Brothers gave him Security that they would not exact more of him against his Will than what he had given and that they would never withdraw their Services from him Richard and Geofry became his Men that is did Homage to him for what he had given them and what they held of him Henry would have done it likewise but his Father would not receive it because he was a King yet he took Security of him At the same time [7.] Ben. Abb. p. 60. b. Gilbert kills his Brother Vctred Prince of Galway there was a Dissention between Vctred and Gilbert the Sons of Fergus who should Rule in the Country of Galway so that they both contrived and laid Designs to kill each other Gilbert called his Men together and Consulted with them how they might take and destroy his Brother His Son Malcolm not long after sets upon the Island in which Vctred Resided and took him and commanded he should be slain first having ordered he should be Emasculated Roger Hoveden and Robert de Vaus sent to Treat with him and have his Eyes pulled out The King not knowing this sent one of his Clerks by name Roger de Hoveden to Robert de Vaus Governor of Carlisle that they two might go to the two Brothers aforesaid and endeavour to bring them into his Service When they came to Discourse with Gilbert and the Galwegians about the Twenty third of November they offered them to the use of the King King Henry hearing of the Murther of Vctred refuseth Peace with the Galwâ—gians 2000 Marks of Silver and 500 Cows and 500 Hogs as a yearly Rent upon Condition he would receive them into his Protection and secure them from the Servitude of the King of Scots But these Messengers would conclude nothing until they spake with the King of England who when he had heard how Vctred his Kinsman was slain he would make no Peace with the Galwegians At Christmass [8.] Ibidem p. 61. b. 62. a. He sends his Son Richard into Poictou to demolish the Castles and Fortresses there that had been fortified against him the King was at Argentom in Normandy and from thence sent his Son Richard into Poictou to reduce the Castles of his Earls and Barons which they had fortified against him to the same Condition they were in before the War and to demolish such as he thought sit and by his Letters Ordered the Army of Poictou his Bayliffs and Ministers to be assistant to him On the Second of February the two English Kings were at Mans and from thence came into Normandy and the Twenty fourth of that Month they had a Conference with the King of France at Gisors and went from thence to Roven where he left his Son and went on into Anjou and fortified his own Castles and demolished some others and the Residue he reduced to the same State they were in before the War and from thence came to Caen in Normandy and sent for his Son to come to him to go over with him into England at first he refused The young King unwilling to go with his Father into Normandy upon the suggestions of People That if his Father got him into England he would put him in Prison at length his Father plying him with many Messengers and good words so wrought upon him as he came to him to Bure and there before the Arch-Bishop of Roven and Henry Bishop of Baieux and William Earl of Magnavill and Richard Humet Constable of Normandy and other the Kings Friends and great Officers threw himself with Tears at his Fathers Feet Young King Henry doth Homage to his Father beseeching him to receive his Homage and Allegiance as he had his Brothers And added That if his Father would not receive his Homage he could not believe he loved him At length by the persuasion of the Standers by he received his Homage and Allegiance and sent him to the King of France while he went to Valoingues and from thence to Cherbourgh where his Son came to him and from thence they both went to Caen to meet Philip Earl of Flanders They both come for England who delivered up the Chart of the Donation made to him by the young King and then they Confirmed to him the Revenue he used to receive in England before the War From Caen they went to Barfleu and arrived at Portsmouth on the Ninth of May. But before his coming over he sent his Son Geofry into Britany An. Do. 1175. The Castles and Fortresses demolished in Britany and commanded him to demolish the Castles and Fortresses that had been fortified against him in that Dukedom The King [9.] Ibidem p. 65. b. 66. b. The King impleads the Earl of Gloucester and all the Earls Barons Clerks and Laicks in England impleaded the Earl of Gloucester for that he forced his Soldiers out of the Tower of Bristol and kept it in his hands during the time of the War and he willing to satisfie the King delivered him the Tower
fought with the Brabanters and overcame them and by the assistance of his Brother King Henry he took many Towns and Castles and forced the Submission of many Viscounts or Sheriffs of Towns with small Territories and Castles in Poictou and the Places adjoyning unto him And in the same year not long after [7.] Ib. f. 316. b. n. 10 20. The King demolishes several Castles in England and Normandy the King caused the Walls and Castle of Leicester to be demolished as also the Castles of Groby Treske Malesart and the new Castle at Alverton the Castles of Framingham and Bungey and almost all the Castles of England and Normandy that were fortified against him The Castle of Pasci or Pacey in Normandy he retained in his own hands and placed a Garison in it as likewise the Castle of Montsorrel which was Sworn to be his own Propriety by Recognition of Lawful Men of the Vicenage About the beginning of October [8.] Ibidem f. 317. a. n. 50. The King of Scot and brings Fergus Prince of Galway to the King of England this year William King of Scotland came into England to the King and brought with him Gilbert Son of Fergus Prince of Galway who killed his Brother Vctred who did Homage to King Henry the Father and sware Fealty to him against all Men and gave to the King to be restored to favour or for his Peace One thousand Marks of Silver and his Son Duncan an Hostage or Pledge for his Peaceable and Loyal Behaviour In a General Council at [9.] Ib. f. 320. a. n. 30. The King restores several Noblemen to their Lands and Dâ—gnities Northampton soon after St. Hillary or the Thirteenth of January the King restored Robert Earl of Leicester to all his Lands in England and beyond Sea which he had fifteen days before the War except Pacey and Montsorrel Castles And also to Hugh Earl of Chester all the Lands he was possessed of at the same time and to William de Albeny Son of William Earl of Arundel the Earldom of Sussex Alfonsus [1.] Ibid. b. n. 30 40 50. An. Do. 1177. The Kings of Castile and Navarre refer their differences to be determined by the King of England King of Castile and Sanctius King of Navarre after many Debates and much Wrangling referred all their Claims and Controversies to be determined by the King of England and there were sent several Bishops and Great Men and choice and able Persons Proctors and Advocates to Alledge and Answer for either of them and to receive the Judgment of the Court of England With these came two Knights and Champions of wonderful Courage and Audacity bravely accoutred with Horse and Arms and fitted for Duel if Judgment had been that way given in the Kings Court These Messengers came into England between Christmass and Lent and the King summoned all the Bishops Abbats Priors Earls and Barons to meet at London on the first Sunday in Lent when they were come together the King ordered the Proctors and Advocates on both sides to bring in their Claims and Allegations within three days in Writing and so interpreted as he and his Barons might understand them which when they had heard read and also heard the Allegations on both sides the King ordered [2.] Ben. Ab. p. 89. a. the Messengers before his Bishops Earls and Barons to be there again all Excuses laid aside upon Sunday following to receive his Judgment So that this great Affair was determined in eight days The Demands Allegations and Pretences on both sides and the whole Process with King Henry's Award are to be found in Hoveden fol. 320. b. n. 40 c. See also the Judgment it self by the Bishops Earls and Barons which is very short though the Kings Exemplification of it under his is very much longer Bromt. Col. 1124. n. 20. The King [3.] Ibidem p. 86. b. The King Summons his Noblemen and Knights in Capite to follow him into Normandy Commanded this year all the Earls Barons and Knights of the Kingdom which held of him in Capite to be at London well prepared with Horse and Arms fifteen days after Easter to follow him from thence into Normandy and stay with him a whole year beyond Sea in his Service at their own Charges At Easter the [4.] Ibidem p. 96. b. Anno Dom. 1177. The King with his Earls and Barons go in Pilgrimage to St. Edmunds-Bury to Ely and Gaidington King with his Earls and Barons kept his Court at Wy in Kent and after the Solemnity went to London and from thence in Pilgrimage in perigrinatione to St. Edmund the King and Martyr to the Monastery at St. Edmunds-Bury where he was the Sunday after Easter The next day he went to Ely in Pilgrimage to St. Audry and from thence he went to * Perhaps Gayton in Cheshire or Gaiton in Northamptonshire as Gervase of Canterbury says Col. 1522 l. 3. Gaidington or Gaitintune where many Welsh flocked about him and sware Fealty to him [5.] Ibidem Hither by his Command came to him Roger Arch-Bishop of York Reginald Bishop of Bath John Bishop of Norwich and Adam Bishop of St. Asaph and many Earls and Barons of the Kingdom to Treat of the Peace and Settlement thereof [6.] Ibidem p. 97. a. The Lords and Knights of the Kingdom come to Windsor to go where the King should Command The King removes several Constables of Castles and places others in their room and when they had Treated some time there the King removed to Windsor and the Arch-Bishop and other Bishops with him where came to him almost all the Earls Barons and Knights of England provided with Horse and Arms to go whether the King should Command And when they had Treated further there about the Peace and Establishment of the Kingdom by Advice of his Bishops Earls and Barons he removed the Constables of several Castles in the North of England and made Knights which were of his own private Family Constables William Stutevill he made Keeper of the Castle of Rokesburgh and Roger Stutevill of the Castle of Edinburgh and William Nevill of the Castle of Norham and Roger Arch-Bishop of York of the Castle of Scarburgh and Geofry Nevill of the Castle of Berwick and Roger Comers of the Tower of Durham which the King took from [7.] Ibidem Hoved f. 323. b. n. 20. Hugh Bishop of Durham because he served him falsely in the time of War and for that reason and that it might stand and not be demolished and for the Kings Peace and that his Son Henry de Puteaco or Pudsey might enjoy the Maner of Wicton with its Appurtenances the Bishop gave the King 2000 Marks From Windsor [8.] Ben. Abb. p. 97. b. The King Commands the Welsh Kings to meet him at Oxford Who with many other Noblemen did Homage to him the King went to Oxford where he had Commanded the Welsh Kings and the most Potent Men of
Bull conteining an indissoluble league between the Emperor and the King and told them he came not as a Justice or a Legat or a Chancellor but as a Bishop only and the Kings Messenger And injoyned some Barons they should go with him to the King as Gilbert Bishop of Râ—thester Sefrid Bishop of Chichester Benedict Abbat of Peterburgh Richard Earl of Clâ—re Earl Roger Bigod Geofrey de Say and many others On the 25th of [9] Ibid. n. 40. f. 414. a. n. 20. A. D. 1193. A Treaty betweâ—n the Emperor and King of France June the Emperor and the King of France had appointed a Colloquium or Treaty which if it should proceed the King of England knew they two would conâ—aederate against the Archbishops of Colon and Menâ—s and against the Dukes of Lovain Lâ—mburgh and Saxonie and many other Great Men and Nobles who had conspired against the Emperor for the Bishop of Liege Brother to the Duke of Lovain his Death which he had contrived and suspected That if the Treaty should take effect he should be Delivered to the King of France [1] Ibid. n. 30. 'T is broke off by the King of Englands policy After great pains and at the instance of the King of England a Peace was made between the Emperor and great men before mentioned and so the Treaty or Colloquium between the Emperor and King of France was Defeated This done the Emperor on the Day after St. John Baptist came to [2] Ibid. n. 40. A Treaty between the Emeror and King Richard Worms where the King of England then was and there was celebrated a Colloquium or Treaty between them four Days There were present the Bishops of those parts the Dukes of Lovain and Limburgh with many Earls and Barons There were on the Kings behalf the Bishops of Bath and Ely and on the fourth Day that is to say on the Vigil or Eve of St. Peter and Paul came to the King William Briwer and Baldwin de Bretun and as yet they all dispaired of the Kings Freedom [3] Ibid. n. 50. The Agreement between them But next Day they came to a final agreement upon these Conditions That the King of England should give the Emperor 100000 Marks of Pure Silver according to the weight of Colon and other 50000 as an aid toward his Reducing Apulia That the King should give the Sister of Arthur Duke of Britany his Nephew as wife to the son of the Duke of Austria and that he should Deliver the Emperor of Cyprus and his Daughter [4] Ibid. b. lin 2. The 100000 Marks were to be brought into the Empire at the Hazard of the King of England and when they were there he was freely and Quietly to return into England under safe Conduct and this all the Bishops Dukes Earls and Barons there present sware on behalf of the Emperor The form of this Bargain or Composition follows in the [5] Ibid. n. 10. same place So soon as the King of France heard these things he [6] Ibid. n. 40. The King of France gives Earl John notice of it sent to Earl Iohn that he might have a Care of himself for the Devil was got loose who knowing he wrote it of his Brother he passed into Normandy and adhaered to the King of France not Daring to expect the coming of his Brother and soon after the King of England sent the Bishop of Ely his Chancellor and William Briwer and other wise men to the King of France to make peace with him [7] Ibid. n. 50. A Peace between England and France concluded which was done accordingly and the claims setled on both sides in which peace there was ample provision made for the security of Earl Iohn and all his Matters The Money was [8] Ibid. f. 416. b. lin 1. c. How the Money for the Kings Ransom was Collected Collected for the Kings Ransom Twenty Shillings of every Knights Fee The fourth part of all the Rents of the Laics and all the Chalices and other Riches of the Churches the Bishops Collected of their Clercs of some a fourth part of some a tenth and so it was in all the Kings Dominions beyond Sea by which there was gathered together an infinite Sum of Money and then the [9] Ibid. lin 7. Emperors Envoyes received at London the greatest part of the Kings Ransom And paid to the Emperors Envoyes in weight and measure and sealed it up and Delivered it to such as were to carry it to the Borders of the Empire at the hazard of the King of England The Emperor at this time [1] Ibid. n. 10. What the Emperor gave to King Richard Gave unto the King of England by his Chart the Country of Provence Viana and Vianois Marseille Narbon Arleblanâ— and Lions upon the Rhone and as far as the Alps and whatsoever he had in Burgundy and the Homage of the King of Arragon the Homage of the Earl of Disders and the Homage of the Earl of St. Giles in which Lands and Dominions there were Five Archbishoprics and thirty three Bishoprics but the Emperor never had them in his possession nor would the people ever Receive a Governor from him The King sent into England [2] Ibid. n. 20.30 Hubert Arch-Bishop of Canturbury made Chief Justice of England for his Mother Queen Alienor and for Walter Archbishop of Roven and many others to come to him into Germany and made Hubert Archbishop of Canturbury Chief Justice of England and wrote over that the Day appointed for his Delivery and Freedom was the first Monday after twenty Days after Christmass Day Before the Agreement was [3] Ibid. f. 417. a. lin 1. c. Earl John swears Fealty to King Richard Confirmed between the Emperor and King Richard he sent William Bishop of Ely his Chancellor and others into France to his Brother Earl Iohn and so effectually dealt with him That he returned into Normandy and swore Fealty to the King his Brother against all men and the King commanded that all the Castles belonging to the Honors he had given him should be Delivered to him as well in England as beyond Sea But those who had them in Custody would not deliver them upon the Writ Whereupon in Anger he went back to the King of France and staid with him and he gave him the Castles of Driencourt now Dancourt and Arches which should have been delivered to William Archbishop of Remes King Richard was to [4] Ibid. n. 20.30 A. D. 1194. remain at Spire until the time of his delivery and to that City came the Emperor with the Archbishops Bishops Dukes and Great Men of his Empire and when they had Treated a long time about the Freedom of the King of England Thither came Envoys from the King of France and Earl Iohn The King of France and Earl John offer the Emperor 1000 a month to keep King Richard prisoner and offered from the King 50000
Canons in it and indowed them with their Rents and Goods and contrary to the Custom and Dignity of the Church of Canâ—urbury had Consecrated Bishops in it so as they feared unless timely prevented the Dignity of the Mother Church would be Diminished and transferred to that Apostate Chapel ad Cappellam istam Apostatricem transferri videretur [7] Ibid. b. n. 20 40. Pope Innocent much moved at this Information writes to him to Demolish the Chapel within thirty days after the Receit of his Letters and let him know if he did not he was thereby suspended from his Episcopal Dignity and Function until he should appear before him and make satisfaction His Letters Bare Date the 8th of May at Rome in the first year of his Pontificate or Popeship Coelestin Dyed on the eighth of January and he was chosen next Day by the Cardinals being then a Deacon Cardinal and not much above 30 years of Age. [8] Ibid. â—ol 442. a. n. 10. Innocent made Pope at 30 years of Age. Coelestinus Papa senio gravi Morbo laborans obiit Romae mense Januarii sexto Idus ejusdem mensis feria sexta Saturday septimo Anno Papatus sui Laterani sepultus est Crastino autem obitus illius Convenientes in unum Cardinales Eligerunt in Summum Pontificem Lotharium Diaconum Cardinalem Juvenem triginta annorum vel paulo amplius Qui vocatus est Papa Innocentius The Arch-Bishop [9] Ibid. f. 444. a. n. 10. The Archbishop seizes the Revenues of the Monks and the Oblations at Tho. Beckets Tomb. thought himself so well Guarded by the Kings Power that he hoped he might overcome all his Adversaries and therefore seized into the Kings hands all the Revenues of the Monks and the Oblations made at Thomas Beckets Tomb and little valuing the Popes Commands shut up the Monks in their Cloysters Yet at length by the advice of his friends he Demolished the Chapel at his own Charge The Truce [1] Ibid. n. 50. A. D. 1198. The Truce between the two Kings expired between the two Kings for the Time of Harvest being expired they entred one anothers Countries wasting them with Fire and Sword carrying many Prisoners away on both sides [2] Ibid. b. l. 3. The King of France causes the eyes of the English to be pulled out The King of France found a new way of Exercising his Cruelty upon the King of Englands people by pulling out their Eyes which provoked him to do the like At this time [3] Ib. lin 6. Many Noble men desert him and adhered to the King of England The Duke of Lovain the Earl of Brene Baldwin Earl of Flanders the Earls of Ghisnes and Bologn Geofry Earl of Perch the Earls of St. Giles and Blois and Arthur Earl of Britany left the King of France and adhered to the King of England Swearing to him and he to them That he would not make Peace with the King of France unless by Common Advice The Earl [4] Ibid. n. 10. of Flanders Besieged St. Omars and took it by Force as also Air and many other Towns of the King of France In September the two Kings [5] Ibid. n. 10. The King of France put to Flight skirmished between the Castles of Gamache in Veuxin and Vernon in which Congress the King of France was put to flight and lost twenty Knights sixty Esquires and many Horse and Foot and was persued until he recovered his Castle of Vernon On the 27th of the same moneth [6] Ibid. n. 20.30.40 He is again routed by King Richard He hardly escaped drowning King Richard took by Assault the Castle of Courcelles between Gisors and Dangu and another small Castle called Burriz on the 28th the King of France Marched with a great army from Mant toward Curcel which he thought had not been taken The King of England met and fought with him between that Castle and Gisors The French were routed and their King fled to the Castle of Gisors When he came upon the Bridge it was so laden with the Numbers that strove to enter the Castle with him That it Brake and the King fell into the River Ept and if he had not suddenly been drawn out had been drowned In this Engagement the King of England with his own Lance overthrew three Knights [7] Ibid. n. 50. f. 445. a. Mathew Mountmorency Alan de Rusci and Fulk de Gilerval and took them Prisoners Besides there were taken [7] Ibid. n. 50. f. 445. a. above an hundred Knights The names of above fourty of them of greatest note the King sent in a Letter wherein he gives an Account of this Victory to the Bishop of Durham Also seven score horses covered with Iron and many ordinary horse and foot septies viginti Equos ferro Coopertos servientes Equites pedites Multos During four years and somewhat more from King Richards first going over into France after his imprisonment Several Treaties between the Kings of England and France prove ineffectual until the five year Truce made at the Treaty between Andely and Vernon the two Kings had harassed and destroyed each others Country with Fire and Sword many Treaties had been ineffectual and the Truces that were made were almost as soon broken as Concluded The first Treaty [8] Ibid. f. 421. b. n. 10. A. D. 1194. was about a Truce for three years at or near his first going over And when all things were agreed The King of France would have all that had been of one side or other and were of the same Country or Dominion included so as they might not take Revenge or molest one another for acts of hostility or injuries in the time of War But King Richard would not violate the Customs and Laws of Poictou or his other Dominions in which it was from Antiquity Customary for the Great Men to Decide their Controversies one with another by their Swords Impeditae [9] Ibid. n. 20. sunt Treugae quia Rex Angliae violare nolebat Consuetudines leges Pictaviae vel aliarum Terrarum suarum in Quibus Consuetum erat ab antiquo ut Magnates Causas proprias invicem Gladiis allegarent and soon after happened the Engagement near Vendosme and Freteval before related Next year they came to this [1] Ibid. f. 431. a. n. 40. A. D. 1195. Lewis the King of France his Son to Marry King Richards Neice Agreement That Lewis Son and Heir of the King of France should Marry the Sister of Arthur Duke of Britany Neice to the King of England who was to release to them and their Heirs Gisors Neafle Baudemont and Vexin Norman also Vernon Iveri and Passi and besides should give them 20000 Marks in Silver On the other side the King of France was to [2] Ibidem release all things he claimed in the Earldom of Engolesm and was to restore the Earldoms of Albemarle and Ou the Castles
investing them in their Earldoms girt William Marshal with the Sword of the Earldom of Striguil and Geofry Fitz-Peter with the Sword of the Earldom of Essex who though before they were called Earls and had the Administration of their Counties or Earldoms yet were not Girt with the Sword of their Earldoms The same day also he made [2] Ibidem Hubert Archbishop of Canturbury his Chancellor The King of Scots [3] Ibid. n. 50. The King of Scots reneweth his Demands by three Priors of his own Nation Reneweth his Demand of Northumberland and Tumberland and made the same promises King Iohn Answered them That when their Lord the King of Scots his Dear Cousin came to him he would do what was just concerning that and all his other Demands [4] Ibid. b. lin 5. And sent Philip Bishop of Durham to meet him hoping he would come having sent Roger Bishop of St. Andrews and Hugh Malevise for him and went himself to Nottingham at Whitsunday and staid in those parts in Expectation of him but he would not come he only sent back the two Messengers to him with demand of the two Counties and to let him Know if he denyed his demands he would endeavor to acquire them by force and expected his Answer within Forty Days In the mean time King Iohn committed Northumberland and Tumberland with their Castles to the keeping and defence of William Stutevil And having dispatched his Affairs in England passed into Normandy and landed at Diepe King John passeth into Normandy and was at Roven on [5] Ibid. n. 30 40. And makes a Truce with the King of France Midsummer Day where came to him a Multitude of Soldiers Horse and Foot and presently there was a Truce made between him and the King of France until the Morrow after the Assumption of St. Mary that is the 16th of August and here Philip Earl of Flanders did Homage to King Iohn six days before that Feast Philippus comes Flandriae devenit homo Regis Iohannis apud Rothomagum c. Henry [6] Ibid. f. 452. a.n. 10. France and Normandy interdicted Earl of Namur brother to Philip Earl of Flanders Peter of Donay a Famous Soldier and his Brother the Elect of Cambray were taken by some of the French Kings Soldiers and delivered to him Peter of Capua a Cardinal and the Pope's Legat interdicted France for the taking of the Elect of Cambray as also Normandy for the Detention of Philip Bishop of Beavais and before he would release the Sentence the King of France was forced to Release the Elect and King Iohn the Bishop of Bravais But because he was taken in Arms he gave King Iohn 2000 Marks Paris [7] f. 198. n. 50. says 6000 and took an Oath never to bear Arms again against Christians Philip King of France [8] Hoved. f 452. a. n. 10.20 The King of France Knighted Arthur Duke of Britany and received his Homage Knighted Arthur Duke of Britany and Received his Homage for Anjou Poictou Tourain Main Britany and Normandy In the Morrow after the Assumption of St. Mary August 16th the two Kings treated two Days by their Commissioners between Buravant and Gaâ—llon and the third Day they spake by themselves but the King of France shew no Kindness to the King of England and the reason was because he had possessed himself of Normandy and other Countries without his Licence whereas he ought first to have come to him and demanded his Right and done him Homage In this Treaty [9] Ibid. n. 30. His Demands of King John the King of France Demanded all Veuxin That is all between the Forest of Lions the Seyn the Isle of Andeli and the River Ept. Affirming that Geofry Earl of Anjou the Father of Henry Son of Maud the Empress had given it to Lewis the Gross King of France for his assistance in gaining Normandy from King Stephan of England And Demanded that Poictou Anjou Tourain and Main might be rendred to Arthur Duke of Britany and made other Demands the King of England could not Grant King Richards riches adhered to King John and so they Departed The Earls and Barons of France that had adhered to King Richard became the men of King Iohn and Sware to him they would not make Terms with the King of France unless with his Consent and he Swore to them he would not make Peace with him unless they were comprehended in it In October the King of France [1] Ib. b. l. 1. took the Castle of Balun which was taken ill by William de Rupibus or Roche General of Duke Arthurs Forces was sent to him that there was no such Agreement between his Lord Arthur and him The King replyed he should not omit to do his pleasure notwithstanding his Lord Arthur and then went and besieged Lavardin [2] Ibid. l. 7. but hearing the King of England was coming with his Army left the Siege and marched to Mans King Iohn followed him and he left that place In the mean time William de Roche had craftily gotten Arthur out of the [3] Ib. n. 10. Arthur reconciled to King John and made Governor of Mans. custody of the King of France and reconciled him to his Uncle King John and delivered to him the City of Mans of which he was made Governor by them both and the very same day it was told Duke Arthur that King Iohn would put him in prison whereupon he and his Mother that night made their escape to Anger 's Paris [4] f. 198. n. 30. says he went privately to the King of France William * Hoved. f. 453. a. n. 30. A. D. 1199. William King of Scots admonished by a Revelation not to invade England King of Scots in pursuance of his Claim to the Counties of Northumberland and Cumberland raised an Army with intention to invade England but coming to the Shrine of St. Margaret sometime Queen of Scotland which was at Dunfermlin where he stays all night he was admonished by a Revelation in his Sleep That he should not invade England with his Army and so he permitted it to depart home or discharged it Permisit exercitum suum Domum redire After Christmass the two [5] Hoved. f. 454. b. n. 10.20 A. D. 1200. A Treaty between King John and King Philip. Kings met at a Treaty between Andeli and Gaillon in which Treaty they agreed That Lewis Son to the King of France should take to wife Blanch the Daughter of Alfonso the Eighth King of Castile King Iohns Niece with whom he was to give and quiet claim the City of Eureux and the whole Earldom and all the Fortresses and Castles which the King of France had in Normandy at the time of the death of King Richard and besides give her 30000 Marks of Silver and did Swear That he would not give any assistance to his Nephew Otho in Men or Money whereby he might obtain the Roman Empire to which
enough to carry over one half of the Army When this came to the Kings knowledge he was highly enraged and laid the whole blame upon [1] Ibid. n. 40 The King accuseth the Justiciary for that Defect The Earl of Britan comes for the King Hubert de Burgh his Justiciary and openly called him Traytor reproaching him for receiving 5000 Marks from the Queen of France to put a stop to his design at length the King was raised to such a height of passion that he drew his Sword and would have Killed the Iusticiary had nor Ranulph Earl of Chester and some others interposed and prevented it On the 9th of October following Henry Earl of Brittain landed in England to conduct the King over Sea as he was bound by former Agreement and Oath who advised the King to lay aside all thoughts of passing over Sea till Easter following because it was dangerous Sayling and a Winter Voyage might be to his loss Upon this the King gave [2] Ibid. n. 50. The Justiciary reconciled to the King The Earl of Britan restored to his rights in England every one liberty to go home again and the Justiciary was reconciled to him Then that Earl did Homage to the King contra omnes homines de Britannia against all men of Brittain and the King restored to him all his right in England and having given him 5000 Marks for the defence of his own Dominions he dismissed him In the year 1230. A. D. 1230. the King [3] f. 364. n. 40. The King of England and King of Scots meet at York at Christmass held his Court at York with the King of Scots who was invited thither together with the Archbishop of the place Earls Barons Knights Et familia magna nimis and an over great multitude of their followers Having celebrated the Festivity with great joy and liberality for three days the King of Scots returned into his own Country and the King of England to London This year [4] f. 365. n. 10. A great Summ of Money Granted to the King the Arch-Bishops Bishops Abbats and Priors throughout all England gave the King a great Summ of Money for the recovering his Rights which were taken from his Father beyond Sea And upon the same Account the Citisens of London were put to a grievous Redemption and the Jews forced to pay the third part of all their substance On Easter following the King [5] f. 365. n. 20. The King passeth over into Britany The Earl thereof delivers up his Towns and Castles to him Many of the Nobility did Homage and Swear fealty gathered together a very great Army of all that ought him Military Service at Reding and Marched from thence to Portsmouth the 30th of April and there took Ship with the greatest part of his Army and Landed at St. Malo on the 3d of May. He was very kindly received by the Earl of Brittain who delivered up to him the strong Towns and Castles of that Country and many of the Nobility did Homage and Swore Fealty to him But Andrew de Viteri with some others refused and fortified their Castles As soon as the King of France heard of this he raised an Army and came to Anâ—ou and posted himself there to hinder King Henry 's March into Poictou who continued yet at Nants expecting the residue of his Army About this time [6] Ibid. n. 50 Discord between the French Nobility there happened a great discord among the French Nobility many of them as was reported being Confederated with the King of England and Earl of Brittain the chief of which were the Duke of Burgundy the Earl of Bologne the Earl of Drius the Earl of Mascu the Earl of St. Paul the Earl of Bar They Arm against the Earls of Champaign and Flanders Engeram de Curci and Robert de Courteney these declared War against the Earls of Champagne and Flanders and having been forty days in the Siege of Anjou obteined leave of their King and returned home The King seeing he could not keep them there presently followed and endeavoured to make Peace between them and the Earls of Champagne and Flanders but could not They entred Champagne and destroyed all before them with Fire and Sword The Earl of Champaign Defeated The Earl raised an Army to oppose them but was soon defeated and put to flight whom they persued to the Gates of Paris [7] fol. 366. n. 10. Suspected for Poysoning of King Lewis and of too much Familiarity with the Kings Mother That which moved these Great men so much against the Earl was That they suspected him to have a hand in poysoning King Lewis at Abignion of which they had accused him before the young King and challenged him to answer it by Duel But through the powerful influence of the Queen the Kings Mother he would hear nothing against him Hereupon they left the Court and occasioned great Commotions in France disdaining to have such a Mistress as had polluted herself with the unchast actions both of this Earl and the Popes Legat. While King Henry and William Marshal were busied in France [8] Ibid. n. 20 The Irish endeavour to Extirpate the English the Irish thought they had a fair opportunity to rid themselves of the English gathered a great Army under the Conduct of the King of Connaught who ravaged and destroyed with Fire and Sword the King of Englands Country When Gaufrid de Marisco the Kings Justiciary in those parts heard what they had done by the assistance of Walter de Lasci They are Defeated and Richard de Burgh raised an Army and by Stratagem defeated them and slew 20000 of them and took their King and kept him close Prisoner About the same time [9] Ibid. n. 40. Several Noblemen of Normandy invite King Henry into that Countrey Fulco Paganel and William his Brother Noblemen of Normandy came to King Henry in Brittain and swore Fealty and did Homage to him and also about Sixty Knights stout and powerful Men who perswaded him to enter Normandy with an Army and he should not in the least doubt success The King liked the Advice but Hubert de Burgh the Iusticiary would not suffer him to follow it alledging the Attempt to be every way dangerous He was unseasonably diverted to their ruine So these Noblemen went away miserably disappointed for the King of France forthwith seized their Castles and Estates After this by the [1] Ibid. n. 50. The King receives the Homages of many People in Anjou Poictou and Gascoigny advice of Hubert de Burgh the King marched with his Army through Anjou into Poictou and from thence into Gascoigny where having received their Homages and secured the Countrey he returned into Poictou and received the Homages of many persons in this Cavalcade he took the Castle of Mirebean In the Month of * Ibid. f. 267. n. 10. A Parlement or Colloquium in France Peace made between the
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 Bâ—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
Baggage was taken which so fretted the King of France that he gathered together what Forces he could and was resolved to invade Brittain This affrighted the Earl so much that he desired a Truce till All-Saints following which was granted upon delivery of three Castles and upon condition that iâ— in that time the King of England came not personally to his Relief he should deliver all Britanny and his Castles there to the King of France In the mean time he sent to the King of England to know whether he would come over in person to his assistance If not He would deliver up all Britanny to the King of France King Henry refused to assist the Earl of Brittain any longer King Henry answered the Revenues of his Crown were not sufficient for the Defence of that Countrey as he found by the three last years expences and was wearied in being at so great charge to so little purpose When the Earl had received this Answer he went directly to the King of France with a Rope about his Neck and [8] Ibid. n. 40. Brittanny surrendred to the French acknowledged himself a Traytor and then surrendred to him all Britanny with the Towns and Castles The King of France told him he was a most wicked Traytor and accordingly deserved a most shameful death yet he would grant him Life and Britanny to his Son as long as he lived and after his death it should be annexed to the Crown of France When King Henry heard what he had done [9] Ibid. n. 50. The Earl of Brittain turns Pyrate He seized on all Rights and Honors that belonged to him in England This miserable Earl being thus spoiled of all his Honors and Revenues betook himself to the Seas and became an execrable Pyrate In the year 1235. King Henry at Christmass kept his Court at Westminster with very many Bishops [1] fol. 409. n. 40. A. D. 1235. and great Men of the Kingdom About Candlemass [2] Ibid. n. 50. Stephen Segrave and Robert Passelew paid each 1000 Marks but were not received into the Kings former Favour as they expected About Easter following Peter [3] fol. 410. n. 50. Peter Bishop of Winchester goeth to Rome to assist the Pope in his Wars Bishop of Winchester at the Popes command went to Rome to assist him in his Wars against the Citizens of Rome between whom and the Pope there was a very great difference The Pope well knew the Bishop was very rich and also experienced in Military Affairs being brought up under the Magnificent and Warlike King Richard in his Youth and understood better how to Fight then to Preach This year Isabell the Kings Sister was [4] fol. 414. n. 40. Isabell the Kings Sister Married to the Emperor Married to Frederic Emperor of Germany and was conducted to the Emperor by the Archbishop of Cologne and Duke of Lovain [5] fol. 417. n. 30. Her Portion 0â—â—00 Marks for whose Marriage the King received two Marks of every Plough-land and gave to the Emperor for her Portion 30000 Marks The Words are in Paris Rex cepit carucagâ—um duâ—s Marcas de Caruca But it ought to have been Rex cepit Scutagium duas Marcas de Scuto For there was never so great a Tax upon a Plough-land See the Prior of Coventry 's Plea Communia de Termino Sancti Hillarii 17 E. 3. with the Kings Remembrance in the Exchequer Est compertum etiam in quodam Rotulo compotorum Regis Henrici Titulato Auxilium Episcoporum Abbatum Priorum concessum ad sororem Regis Henrici maritandum Frederâ—co Imperatori videlicet de quolibet Scuto duas Marcas Two Marks of every Knights Fee In the year 1236 The King at Christmass [6] fol. 419. n. 50. A. D. 1236. The King Marries Alienor the Earl of Provence his Daughter kept his Court at Winchester and on the 14th of January was Married at Canturbury by Edmund Arch-Bishop of that place to Alienor Second Daughter to Reimund Earl of Provence and she was most splendidly and solemnly Crowned [7] fol. 420. n. 30. Queen at Westminster on the 19th of that Moneth After the celebration of the Nuptials was past the King went from London to Merton where he met his Great Men to Treat with them about the Affairs of the Kingdom At this time and place were made the Laws [8] Poultons Statutes f. 9. called the Statutes of Merton by the deliberation and consent only of the Arch-Bishop of Canturbury and his fellow Bishops and the major part of the Earls and Barons by the Grant of the King Die Mercurii in crastino Sancti Vincentii in Curia Domini Regis apud [9] Annal. Burton f. 287 Merton Coram Domini Rege Henrico coram venerabili Patre Edmundo Cantuariensi Archiepiscopo Coâ—piscopis suis coram majori parte Comitum Baronum nostrorum Angliae pro Corona Domini Regis Reginae pro cummuni utilitate totius Angliae Provisum fuit tam a praedicto Archiepiscopo Episcopis Comitibus Baronibus quam a nobis concessum Quod de caetero isti articuli teneantur in Regno nostro Angliae Thither came the Emperors Messengers with Letters from him to desire the King without delay to send over [1] Paris f. 421. n. 50. The Emperor desires the King to send Richard his Brother to his assistance against France Richard Earl of Cornwal his Brother to his assistance against the King of France whereby the King of England might not only recover what he had lost but also much enlarge his Transmarine Dominions To whom the King by the advice of his Great Men returned this Answer That they could not judge it safe or expedient to permit one that was so young and the only and Apparent Heir Vnicus manifestus Haeres Regni of the Crown and hope of the Kingdom to expose his person to the hazards of War The Kings Answer and Excuse But if his Imperial Excellency would make choice of any other of the Nobility or Great Men of the Kingdom they would readily yield to his commands and give what assistance they were able Then the Messengers returned with this Answer to the Emperor Notwithstanding the Solemn Truce that had been made for two years from the 25 th of July The Truce between England and Wales violated of the Feast of St. James in the 18th of Hen. A. D. 1234. to the same day in the 20th of his Reign A. D. 1236. yet there were many Land Piracys committed in the time much Plundering and Robbing which they Termed interception for on the sixth of March that year Ralph * Append. n. 157. Commissioners appointed to inspect Damages Bishop of Hereford the Dean of Hereford Walter de Clifford and Walter de Beuchamp were again constituted Dictators of amends to be made for Damages done on both sides and for the Interceptions made as was said Prince Lewelin of Averfrau
Death of his Queen and Son Ibid. C. F. A Peace and Agreement between him and Duke Henry fol. 293. A. His Death Ibid. B. Ecclesiastical Affairs in his Reign Ibid. D c. No Taxes or Subsidies in his Reign f. 297. A. His Issue Legitimate and Natural Ibid. B. C. D. Stephen the Popes Chaplain sent hither to Collect a Tenth promised by Henry the Third f. 542. C. He was opposed by all the Laity Ibid. E. He had Power to Excommunicate such as refused Ibid. F. He grievously oppressed the poor Clergy f. 543. A. Robert Fitz-Stephen in assisting Dermot was repulsed at Wexford fol. 352. A. B. E. The Agreement between him and Dermot renewed Ibid. D. Wexford surrendred and granted to him f. 353. A. He with Reymund and Maurice routed Prince Roderic and spoiled his Camp f. 358. B. C. He was taken Prisoner by a Trick Ibid. E. F. He was delivered to King Henry the Second and by him imprisoned f. 359. F. Cork granted to him and Miles Cogan f. 396. F. Sterling why so called f. 211. F. Stigand Arch-bishop of Canturbury deposed f. 212. F. Richard Strongbow Earl of Strigul his Agreement with Dermot Prince of Leinster f. 351. D. He landed in Ireland and obteined a bloudy Victory fol. 356. B. He Married Eva Dermots Daughter Ibid. D. He relieved Fitz-Stephen and delivered Dublin to Henry the Second f. 359. A. B. C. His Death at Dublin f. 365. C. He granted his whole Right and Title in Ireland to Henry the Second f. 374. D. William de Stutevill his Tryal for a Title to a Barony f. 465. F. Suetonius sent Lieutenant into Britain f. 18. B. His great Victory over the Britains f. 20. D. E. Sueves whence they came f. 38. B. F. They with the Alans and Vandals troubled the Empire Ibid. C. D. Suitors to Courts bound to attend under Forfeitures and Mulcts fol. 145. C. None to be Jurors but such as knew the Case Ibid. D. E. Sunnis what it signifies f. 76. D. Swaine King of Danemark invaded England f. 124. B. His success and cruelties Ibid. He imposed great Tributes on the People f. 125. A. F. Richard Sward fell under the displeasure of Henry the Third f. 555. A. He is again received into the Kings Favour and Council fol. 560. E. F. He was banished the Kingdom f. 564. E. T. TAncred King of Sicily Answered King Richards Demands fol. 428. D. He discovered the French Kings treachery to him f. 429. E. Tenures of the Saxons what they were f. 66 67 68. Most of ours from Normandy f. 156. A. Tenures of Homage when made easie and heritable f. 159. E. How many ways they became free and hèreditary f. 160. lin 1. In Franc-Almoigne Burgage Soccage Bordage and Gavel-kind Ibid. B. C. D. Terms and Vacations from whence f. 178. E. F. Testudo what it was and its use f. 7. F. Thainland what it was f. 80. D. Thames River frozen f. 293. B. Theft how punished by the Saxon Laws f. 63. B. Thegns or Tains were Military Men f. 70. C. and 80 B. C. D. Theobald Arch-bishop of Canturbury refused to Crown Eustachius King Stephens Eldest Son f. 292. A. He was forced to flee and his possessions were seized Ibid. B. His endeavors to reconcile King Stephen and Duke Henry fol. 293. F. He and other Bishops went to the second Lateran Council Ibid. F. Theodore made Arch-bishop of Canturbury by Pope Vitalian f. 106. C. He erected Latin and Greek Schools there Ibid. The whole English Church submitted to him f. 107. A. He erected Bishoprics and distinguished them into Parishes f. 107. A. Theodosius sent by Valentinian into Britain f. 35. C. His success against the Scots and Picts Ibid. He secured the Government of Britain f. 36. A. B. C. He was recalled and made Emperor f. 37. B. Thrinsa what it was f. 119. F. Thurstan Elect of York refused to make his profession to Canturbury f. 266. B. C. He desired the Kings leave to go to the Council of Rhemes f. 267. E. He procured his Consecration from the Pope Ibid. The King prohibited his return into England Ibid. F. He was at length permitted on conditions f. 269. A. Tiberius made no attempt upon the Britains f. 11. B. Tinn-Mines when first discovered in Germany f. 58. F. Tithes not paid in Augustins time f. 102. F. Of all England granted to the Church by Ethelwolph fol. 112. A. B. The Grant subscribed by all the Kings and Nobility of the Kingdom Ibid. C. Tithings why so called f. 84. F. Roger de Toenio opposed Duke William's Succession f. 186. B. He was overthrown and slain Ibid. C. Togodumnus slain f. 13. B. Tolls and Customs for what paid f. 209. D. Tosti Harolds Brothers made Earl of Northumberland f. 134. B. His Tyranny over the Northumbrians Ibid. F. He was driven out of his Earldom Ibid. Tower of London by whom built f. 203. A. Trebellius Maximus Lieutenant of Britain f. 21. C. Treviri who they were f. 35. B. E. Trinobantes who they were f. 9. F. They yielded themselves to Caesar Ibid. D. Henry de Trubleville sent by Henry the Third to Frederic the Emperors Assistance f. 571. A. Tryal by Ordeal Oath Battle and Decretory Morsel f. 65 66. Tryals under 40 l. value where had f. 144. D. In the Conquerors time for Church-Lands and Tithes fol. 141. A. c. Between Men of the same Jurisdiction how and where fol. 145. A. Between Men of different Jurisdictions where Ibid. B. By Juries used at the making of Domesday f. 146. F. By Assise when first introduced f. 147. lin 1. By Ordeal when prohibited Ibid. B. C. By Battle or Duel when claimed Ibid. F. Who allowed to undertake it f. 148. C. The punishment of the vanquished Ibid. E. A Writ of seisure granted the Victor f. 149. lin 3. In criminal Cases when allowed Ibid. B. When Appellant or Defendant were vanquished how punished Ibid. D. By Combat in Civil or Criminal Cases under whose Direction Ibid. E. From whence and by whom Instituted f. 150. C. Tungrians who they were and where they dwelt f. 26. B. Turkill a great Commander among the Danes f. 125. l. 2. Richard de Turnham his Controversie with the Bishop of Durham fol. 456. A. B. Robert Tweng alias Thing plundered the Italian Clercs of their Corn and Money f. 548. D. He justified what he had done before the Inquisitors fol. 549. A. B. U. VAcation when and wherefore appointed f. 179. B. C. Vandalls from whence they came f. 37. F. Vectius Bolanus sent Lieutenant into Britain f. 22. A. He gained the Affections of the Britains Ibid. Vendome taken by Henry the Second f. 316. E. Alberic de Ver his defence of King Stephen before the Popes Legat f. 277. E. F. 278. D. Veranius made Lieutenant of Britain f. 18. B. Verulamium plundered by the Britains f. 19. E. Vespatian rescued by his Son Titus from great danger f. 13. A. He fought the Britains thirty times and took the Isle of
JACOBUS II ds D.G. Angliae Scotiae Fran et Hiber REX Fidei Defensor etc. DIEU ET MON DROIT R. White sculp Saml Lowndes excu HONI SOIT QVI MAL Y PENSE A Complete HISTORY OF ENGLAND FROM The First Entrance of the ROMANS UNDER The Conduct of JULIUS CAESAR Unto the End of The Reign of King Henry III. Comprehending The ROMAN SAXON DANISH and NORMAN Affairs and Transactions in this NATION during that Time Wherein is shewed The Original of Our ENGLISH LAWS THE Differences and Disagreements between the SECULAR and ECCLESIASTIC POWERS THE True Rise and Grounds of the CONTENTIONS and WARS between the BARONS and our Antient KINGS And Likewise An Account of our Foreign WARS with FRANCE The Conquest of Ireland and the Actions between the English Scots and Welsh during the same Time ALL Delivered in plain Matter of Fact without any Reflections or Remarques By ROBERT BRADY Doctor in Physic In the SAVOY Printed by Tho. Newcomb for Samuel Lowndes over against Exeter-Exchange in the Strand MDCLXXXV HONI SOIT QUI MAL Y PENSE DIEU ET MON DROIT G III R To the Most Excellent MAJESTY OF JAMES the Second KING of ENGLAND SCOTLAND FRANCE IRELAND Defender of the Faith c. GREAT SIR I Presum'd humbly to ask leave and beg the Honour to Prefix Your Royal Name to this History not Written according to the Ordinary Method by which the Readers are Bound to Depend upon the Integrity and Faith of the Author for the Truth of the Things Related but proved by Authentic Testimony 'T is not my own Invention but Matter of Fact laid down and warranted by such as lived in the very Times when the Things were done or nearest to them or by sufficient Record And my Intention in Writing after this Manner was to shew and convince Men of Impartial and Unbyassed Minds That they cannot by Reading Ordinary Historians know what the Antient Government of this Famous Kingdom was And that many have been deluded into several Popular Errors by only observing the sound and common mistaken signification of Words By the True Understanding whereof and of Things done in the Times I VVrite of they might have Obteined a Right Notion of the Government and State of the Kingdom then which at this day are much changed from what they were to the great Ease and Repose of the King as well as Benefit and Advantage to the People And the Present Constitution is an Even Rule to both as his Due Power and their Just Rights are by Law mainteined and secured And is such as by Your own great Management with the Assistance of Your Loyal Subjects may make You to be Beloved and Honoured at Home and Feared Abroad For what Man is there of the Meanest Loyalty and Ingenuity that doth or will but observe Your VVisdom Justice Courage and Faithfulness to Your Royal VVord that hath not a Prospect of our future Happiness and growing Greatness That therefore Your Health and Vigor may be such as to Complete our Hopes and Expectations in making the British Name and Nations Great and that You may by Your most Excellent Conduct and Admirable Courage carry the Glory of them not only over the Channel but through Christendom and to both the Indies That Your Life may be Long and Easie Your Reign ever Prosperous and Successful and that after the Period of Mortality You may receive an Eternal Crown of Glory Is and always shall be the most hearty Wish and sincere Prayer of Your MAJESTIES Most Faithful and obedient Servant and Dutiful Subject ROBERT BRADY TO THE READER THe General Preface to this History may seem Difficult and Tedious to some Men but when it shall be Read with Advertency and fully Understood it will appear an Impregnable Rock against the pretended Soveraignty and Power of the People in this Nation which the Republicans can never climb over To shew the Condition of the Bulk of the People and what the Ordinary Inhabitants of this Nation were before the Conquest and after it was Necessary to take Notice and Inquire into the Quality of them in every County as they are to be found in the greatest Record of this Nation If any one thinks this a needless Work let him Consider I have Prejudice to deal with and Men Seasoned with other Opinions which they have Learnt and been Instructed in from their Childhoods by Men and Authors they pay a great Deference unto who never made it their Business to search into the Originals of Things but rested satisfied with some slight Popular Notions and Superficial Knowledge of them And therefore to Discover their great not to say Dangerous Mistakes and to put to silence such as though they be Convinced will not own it but Scrible the same Things over again and Publish them in a New Dress I have been forced to be very much longer both in that Preface and the History it self than at first I Designed seeing such Satisfaction as the Reader ought to receive could not be expected from a short Account of Things and without a Due Relation of all their Circumstances From them both there is a clear Demonstration That all the Liberties and Priviledges the People can pretend to were the Grants and Concessions of the Kings of this Nation and were * Co. 2 Instit f. 496. Derived from the Crown And from the Preface alone 't is as manifest that the Ordinary People and Bulk of the Nation were in most Things of the same Condition as well before the Conquest as after and their Quality was not different though under the Normans they were Obnoxious to greater Rigor and and more Severities in the same Way of Living or as now we would call it Servitude It was not this sort of People that contended for Liberty but the Military Men the Earls Barons and Tenants in Capite and such as held of them by Military Service especially such as were Dissolute and Poor having been drawn in and managed by Cunning Ambitious Men of the same Order with the Assistance of the Bishops and Clergy who in all those Times of Contention Laboured to cast off their Feudal Dependence upon the Crown and to have their Temporals and the Investitures of Churches from others than Lay-men and to be wholly free from Subjection to Secular Power The Laics also contended about their Feudal and Military Services and Performances and the Relaxation of those Laws and Tenures as most plainly appears by Henry the First his Charter the Charter of King John founded upon it and the Charter of King Henry the Third which was only an Inlargement and further Explication of that of King John which in the Main were but Concessions of the more Moderate Use of the Feudal or Military Law by which their Fees Tenures and incidents to them were made more easie and certain For until the Tenants in Capite and other Military Tenants might have Licence to Alien part of their Estates keeping enough
and quietly well and in peace and wholly or intirely all those Customs and Grants and Liberties of Me and my Heirs to Them and their Heirs as freely quietly and fully in all things as my Grandfather King Henry Gave and Granted and by his Charter confirmed â—them Witness Richard de Lacy. Here we see none but Holy Church the Earls and Barons and Kings Tenants and Vassals could receive the benefit of this Confirmation or Charter as will more evidently appear from the consideration of King John's Charter On the 20th of July 1213. King John was [7] Reign of King John f. 486. F. Absolved from his Excommunication and at his Absolution he made [8] Ibid. 48. A. Oath â—He would Love Defend and maintain Holy Church and the Clergy against all their Adversaries to the utmost of his Power That he would recall the good Laws of his Ancestors and especially those of King Edward and abolish the wicked ones That he would Judge all his Men or Tenants according to the just Judgment of his â—Court On the 25th of [9] Ibid. f. 488. B. C. D. August the Arch-bishop met the Bishops Abbats Priors Deans and Barons at London at St. Pauls where he told them what Oath the King had taken at his Absolution and that he had found the [1] 'T is there recited and is the same as in the Appendix above Charter of King Henry the First which was read to them and they all Sware that upon a fair opportunity they would strive to Death for those Liberties and the Arch-Bishop promised his most faithful Assistance to the utmost of his Power In September [2] Ibid. f. 494. A. B. C. the next year the Barons met at St. Edmunds Bury under pretence of Prayer and Devotion where the Charter of King Henry the First was again produced the same they received from Stephan Arch-Bishop of Canterbury at London which conteined Laws and Liberties Granted by King Edward to Holy Church and the Great Men of England with some Addition of his own Here they all Sware upon the great Altar That if the King refused to Grant them those Liberties they would make War upon him and withdraw themselves from his Fealty until he should by Charter sealed with his Seal Confirm all they Demanded and they agreed that at Christmass they would all go to the King together to Demand the aforesaid Liberties might be Confirmed and in the mean time to provide themselves with Horse and Arms that they might compel the King to make good his Oath made at his Absolution They kept their [3] Ibid. fo 494. D E. time and came to the King at their time appointed and demanded the Confirmation of the Liberties and Laws of King Edward Cum aliis Libertatibus sibi [4] Regno Ecclesiae the same with Regno Sacerdotio Regno Angliae Ecclesiae Anglicanae concessis with other Liberties Granted to them the Secular and Ecclesiastic States of the Kingdom as they were conteined in King Henry's Charter The King desired respite until the close of Easter That he might consider in so weighty a Matter how to secure his Crown and Dignity and being startled at their appearance in such a manner found Sureties the Arch-bishop of Canterbury the Bishop of Ely and William Marshal who engaged with him that on the day prefixed he should with Reason satisfie them In Easter [5] Ibid. f. 495. A.B. C.D. Week they met at Stanford with Horse and Arms and had drawn into their Party almost all the Nobility of England who made up a very great Army in which there were numbred 2000 Knights besides other Horse-men and Foot the Barons that were the chief Incendiaries were in number forty four there named and every one of them of Norman Extraction under their Head Stephan Arch-Bishop of Canterbury At that time the King was at [6] Ibid. E. F. Oxford expecting their coming On Monday after Easter they Rendezvoused at Brackley in Northampton Shire to whom he sent the Arch-Bishop of Canterbury and William Marshal Earl of Pembroke with other Wise men to know what Liberties they desired And they delivered unto them a Schedule in Writing which for the most part conteined the Ancient Customs of the Kingdom Affirming That if the King would not forthwith Grant and Confirm them under Seal they would compel by seising his Castles Lands and Possessions They brought the Schedule to the King and read to him all the Articles conteined in it which when the King heard he in fury asked Why the Barons with those unjust Exactions did not demand the Kingdom and said they were vain things without Foundation and affirmed by Oath he would never Grant such things as would make him a Servant or Slave The Arch-Bishop and William Marshal [7] Ibid. f. 496. A.B.C.D. c. returned to them and acquainted them with what the King had said they immediately chose Robert Fitz-Walter their General and gave him the Title of the Marshal of the Army of God and of Holy Church and possess themselves of London by the Assistance of the Rich Citizens and then sent Letters to the Earls Barons or Knights that really or seemingly adhered to the King exhorting them with Threats That if they would not desert the perjured King as they called him and faithfully close with them in asserting their Liberties they would proceed against them as Public Enemies beat down their Castles burn their Houses and destroy their Warrens Parks and Hortyards Upon these Menaces most that pretended to be the Kings Friends left him and went to London and confederated with them The King seeing himself thus deserted a Day of Meeting was agreed between them for a Conference at Runemede a Meadow between Windsor and Stanes where both Armies [8] Ibid. f. 497. A. B. were drawn up and the King seeing no probability of his prevailing by Arms Granted the Laws and Liberties they desired and the Witnesses to these Charters or Grants were all of Norman descent No English Saxons amongst them We see all these Liberties and Laws were the Grants and Concessions of our Antient Kings and no otherwise demanded nor other pretences made to them and the only Security desired was that they might be sealed with their Seals And as Sir Henry Spelman tells us what was [9] Glossar f. â— 326. Col. 1. determined by King and Council in that Age and Confirmed by his Seal had without doubt the force of Law This Charter of King John as to the Main of it and what the Barons contended for was only a Relaxation of the Feudal Military Law and was contrived and Granted chiefly for the ease of Military Men such were all Barons Knights and considerable Free-holders at that time This appears by the Body of the Charter it self notwithstanding what hath been ignorantly and maliciously said to darken it and that the Barons who caused it to be drawn up never intended it should be of much advantage
fuisse invenietur Qui eam tenet de Abbate Teneat recognoscat Quod si noluerit eam Abbas in Dominio habeat vide ne clamor inde amplius at me redeat Teste * He was consecrated A. D. 1081 and died 1096. Willielmo Episcopo Dunelm The King to * He was Sheriff William Cahains Greeting I Command you that you cause the Shire of Hamton to come together and by the Judgment thereof know if the Land of Isham paid Rent to the Monks of * That is of Ramsey St. Benet in my Fathers time and if it shall be found so let the Abbat have it in Demeasn or the Possession of it But if it shall be found to be Teinland he that holds it let him hold it of the Abbat and let him acknowledge to hold it so If he will not let the Abbat have it in Demeasn and see that no Complaint about this Matter returns to me again Rex Angliae [7] Ibidem Willielmo Vice-comiti Salutem Mando Praecipio Tibi ut Abbatem Ailsi facias habere Isham sicut ipse Dirationavit eam in Hamtona sicut Testimoniata jurata ad opus Sancti Benedicti T. R. Big The King of England to William the Sheriff Greeting I Require and Command thee that thou makest Abbat Ailsi to have Isham as he Recovered it by Proof in Northamptonshire and as it was Witnessed and Sworn to be to the Use of Saint Bennet Witness Roger Bigod This was the whole Proceeding after Proof by the Shire it belonged to the Abbat a Writ of Possession was directed to the Sheriff and then he had Seisin of the Land Rex Angliae [8] The Original in the Custody of Sir Tho. Hare Baronet Episcopo Eliensi Baronibus Justiciariis Vicecomiti omnibus fidelibus suis Francis Anglis de Grantebridge scira Salutem Sciatis quia Barnadus Abbas de Ramseia Dirationavit in Curia sua apud Sanctum Ivonem coram Justicia mea quam illuc miseram In the time of Hen. 1st Terram de Stowa Grettona versus Paganum Peverellum quam ipse Paganus Clamabat tenere de Ecclesia de Ramseia Et Recognitum ibi fuit quod nullum jus in Terra illa reclamare poterat sed Remansit Terra illa Ecclesiae de Ramseia Abbati solida quieta de tota calumnia Pagani Successorum suorum Et hoc Dirationamentum Warrantizo per Chartam meam Confirmo Roger Bishop of Salisbury was Elected 110â— and Consecrated 1107. and was Bishop 39 years and Justiciary of England many years in his time Et ideo volo praecipio quod Ecclesia de Ramseia Abbas eam amodo in pace quiete liberè teneat sicut Dominium Ecclesiae ejusdem Ita ne ulterius ei Respondeat nec alicui de Successoribus suis nec alteri qui per illum Clamet Teste * R. Episcopo Sarisher Pagano sil Johannis W. de Hoctuna Apud Westmonasterium The King of England to the Bishop of Ely the Barons Justiciaries Sheriff and all his Feudataries of Cambridgeshire French and English Greeting Know ye that because Barnard Abbat of Ramsey hath recovered at his Court at St. Ives before my Justice which I sent thither the Land of Stow and Gretton against Payn Peverel which he claimed to hold of the Church of Ramsey and it was there found by the Jury that he could claim no Right in that Land and that the whole belonged to the Church and Abbat of Ramsey free from any claim of Payn or his Successors And this Recovery I Warrant and by my Chart Confirm And therefore I Will and Command That the Church of Ramsey and the Abbat from henceforward shall hold them peaceably quietly and freely as the Demeasn of the said Church so as it shall not answer any more to him or any of his Successors or any Claiming by him Witness Roger Bishop of Salisbury and Payn Fitz-John and William of Hoctun at Westminster The King sent one of his own Justices to take the Assize or Verdict to prevent the partiality of the Jury which might have been before the Abbat himself or his Steward The like Confirmation almost was made by Queen Maud under her Seal in another Case in the Absence of this King 't is supposed as Regent The Inhabitants of the Hundred of Peritune now Pirton in Oxfordshire pretended the Maner or Hundred of Levechenor now Lewknor in the same County ought Suit and Service to their Hundred and was no Hundred of it self the Abbat of Abendon proved the contrary in the Kings Court in the Castle of Winchester Sed quia Rex tunc in Normannia erat Regina quae tunc praesens aderat taliter hoc sigillo suo Confirmavit Carta [9] Registrum Magnum de Abbendon in Bibloth Cotton Claudius B. 2. Reginae de Levechenora MAtildis Angliae Regina Roberto Episcopo Lincolniensi Thomae de Sancto Johanne omnibus Baronibus Francis Anglis de Oxenefordscira Salutem Sciatis quod Faritius Abbas de Abbendona in Curia Domini mei mea apud Wintoniam in * In the Exchequer or Treasury there which was then in Winchster Castle Thesauro ante Rogerum Episcopum Salesburiensem Robertum Episcopum Lincoln Richardum Episcopum Lundon Willielm de Curceio Adamum de Porto Turstinum Capellanum Walterum de Glocest Herbertum Camerarium Willielmum de Oyleio Gosfridum fil Herberti Willielmum de Enesi Radulphum Basset Goisfridum de Magna Villa Goisfridum Ridel Walterum Archidiaconum de Oxeneford per * Domesday Book kept in the Treasury of the Exchequer Librum de Thesauro Disracionavit quod Levecanora Manerium suum nichil omnino debet in Hundredo de Perituna facere sed omnia quae debet facere tantumodo in Hundredo de Levecanora facere debet in quo Hundredo habet Ecclesia de Abbendona xvii Hidas. Teste Rogero Episcopo Salesb Willielmo de Curci Adamo de Porto apud Winton Maud Queen of England to Robert Bishop of Lincoln and Thomas St. John and all the Barons of Oxfordshire French and English Greeting Know ye that â—aritius Abbat of Aberdon in the Court of my Lord and mine at Winchester in the Exchequer before Roger Bishop of Salisbury Robert Bishop of Lincoln and Richard Bishop of London William de Curcey Adam de Port Turstin our Chaplan Walter of Glocestre Herbert the Chamberlain William D'oyly Geofrey Fitz Herbert William de Enesi Ralph Basset Geofrey Magnaville Geofrey Ridel and Walter the Arch-Deacon of Oxford proved by Domesday Book or the Book which was kept in the Treasury of the Exchequer That his Maner of Levecanor ought no Suit or Service to the Hundred of Peritune but whatever it ought to do was only to be done in the Hundred of Levecnor in which the Church of Abbendon hath seventeen Hides
Pictaviensis wrote the Acts of William the Second Duke of Normandy and King of England commonly called the Conqueror he was first a Soldier [4] Order Vit. f. 503. D. f. 504. A. afterwards a Priest and a long time Chaplain to William and Arch-Deacon of Lisieux he wrote such things as he saw and was present at but ended [5] Ib. f. 521. C. his History in the year 1070. Ingulphus [6] Hist Croyland f. 513. b. n. 40. ib. f. 514. lin 3. Abbat of Croyland sometime Secretary to William the Conqueror when Duke of Normandy whose Father also had born Office in the Court of Edward the Confessor He wrote the History of Crowland Abbey [7] Ib. f. 518. b. 11.20 and as they fell in many other matters he Translated many Charters and Chirographs out of Saxon into the Latin of those times wherein he renders many Saxon words and things by the legal phrase and Dialect of the Normans He was installed [8] Ib. f. a. 515. lin 8. Abbat 1076. and wrote some part of his History at least after the Survey finished for he [9] Ib. f. b. 516. n. 10. took a Copy of the Lands belonging to Croyland Abby out of it Gulielmus Gemeticensis [1] Order Vit. Prolog li. 3. f. 458. A. a Monk of Gemeticum now Jumegies a Monastery in Normandy abbreviated Dudo and wrote the Acts of the succeeding Dukes and [2] The Epistle to Duke William f. 215. A. B. Dedicated his work to William the Conqueror The Acts of Henry the First imputed to him were probably wrote by some other Sigebertus [3] Rob. de Monte A. 1113. Gemblacensis a French man born and Benedictine Monk of Gemblours in Brabant he wrote a Chronography from the year 381 to the year 1112 in which he dyed it being continued by Robert [4] Trithem p. 150. de Monte to the year 1210. Paul the Deacon or Warnefrid a Monk of Cassino now St. Germano in the Kingdom of Naples by Nation an Italian or Lombard [5] Sigebert de Script Ecclesiast c. 80. for his Learning was called into the service of the Emperor Charles the Great Florentius [6] Bal. de Script Ang. Cent. 2. c. 66. Bavonius a Monk of Worcester wrote a general History from Adam unto the year 1118 which was continued unto the year 1141 by another Monk of the same Monastery and dyed 1119. 19 o. Hen. 1 mi. Eadmerus [7] Selden praefat ad Eadm f. 1â—â— ex Pits Aetate 12.199 Surnamed Canter or Chanter born in England a Monk of Canturbury of the Order of St. Benedict afterwards Abbat of St. Albans and lastly Bishop of St. Andrews in Scotland was a great friend and intimate of Anselms Arch-Bishop of Canturbury a companion with him in his Exile and privy to all his Counsels and actions he was [8] Simon Dunelm 1121. made Bishop of St. Andrews 1121 in the 21 st year of the Reign of Hen. 1 st and was a Monk of Canturbury in the Conquerors time being in the company and presence of Arch-Bishop Lanfranc when he received the first news of Williams Death as he testifies of himself f. 3. lin 42. Ordericus Vitalis a Monk [9] F. 548. A. 824. A. B. c. of Vticum or the Monastery of St. Ebrulf now St. Eurole in Normandy born in England Anno Domini 1075. and lived 67 years At [1] Praefat. ad Script Norm eleven years old was entred into that Monastery A. D. 1086. and there lived 56 years his History is chiefly Ecclesiastic but intermixt with much secular Story and continued unto the year of our Lord 1121. He dyed An. Dom. 1142. Simon [2] Selden in Prâ—fat ad Script X. Antiqu Dunelmensis ended his History Anno Domini 1130. in the 30 th year of Hen. the 1 st and Dyed not long after he was a Monk and Prâ—centor of that Church of Duresm and a Learned Man in that Age but transcribed much out of Florentius of Worcester The Continuer of Florence [3] By his own testimony f. 672. in fine a Monk of the same Monastery who continued his History from the year 1117 to the year 1142 he lived and wrote in the time of King Stephen William a Benedictine Monk of Malmesbury Dedicated his History to Robert Duke of Glocester Natural Son to Henry the First who began to Reign Anno Domini 1100 and dyed 1135 he wrote unto the year 1144 as appears in his [4] Toward the later end Novels he wrote from the first coming in of the Saxons to his own time Henry Arch-Deacon [5] Balaeus f. 192. of Huntington wrote a History of the Kings of England and retired to Rome and lived there some time for that purpose He was in his time accounted a Learned Man and continued his History unto the year 1154 he flourished in the Reigns of Henry the First and King Stephen After whose Death he only mentions the coming in of Hen. 2 d. and so ends his History and took much of his History and Transcribed in many places Florence of Worcester verbatim Roger de Hoveden [6] Selden in Praesat X. script antiq He was one of the Kings Domestic Clercs Ben. Abb. p. 60. b. in fine was a Priest in Oxford and a Domestick in the Court of Henry the Second in many or most things he followed and transcribed Simeon Dunelmensis and added many things out of other Authors and wrote well and faithfully he wrote the Annals and memorable passages of the Romans Saxons Danes Normans and English to his own time Quadrilogus or the Author of the Book Intituled [7] In the Prologue de Vita processu Sancti Thomae Cantuariensis Martyris Super libertate Ecclesiastica Collected it out of four Historians who were Contemporaries and conversant with him in his height of Glory and lowest Depression viz. Herbet de Hoscham Johannes Carnotensis William a Monk of Canturbury and Alan Prior of Tewkesbury and they are brought in or named as Relators of matter of Fact interchangeably Printed at Paris by Master John Philippi an Alman in the Street of Saint James In fine istius libri at the Sign of St. Barbara Anno Domini 1495 on the second of April The Pages are not numbred nor but few of the Chapters Gervase the Monk of Canturbury commends his Readers to three of these in his Relation of the Acts of this Thomas Col. 1637. n. 40. for their further satisfaction viz. to Herbert John and William and in the Acts of the Council of Clarendon and Northampton in Labb Tom. 10. Col. 1425. 1433. c. and others This Book is much used by the Name of Quadripartita Historia Ranulphus de Glanvill [8] Sub effigie Claud. D. 2. Chief Justice of England in the time of Henry the Second wrote de lâ—gibus Consuetudinibus Angliae These in a Ms. Book in Cottons Library are Intituled Henry the Seconds Laws [9] Hoved.
f. 390. b.n. 20. He went with Richard the First into the Holy-Land and Dyed at the Siege of Acon A. D. 1190. Fitz-Stephen or Gulielmus Stephanides [1] Pitsius A D. 1190. This was written by Johannes Carnotensis were boâ—h one person and the very same with Gulielmus Cantuariensis the Monk of Canturbury above mentioned He lived in the year 1190 In the beginning of Richard the First his Book hath this Title Vita Sancti Thome Archiepiscopi Martyris Cantuariensis Ecclesiae and is to be found in Cotions Library under the Effigies of Julius A. XI Amongst other small pieces p. 113. the life of Thomas that goes under the name of Fitz-Stephen seems to have been wrote by John Carnotensis for in the Quadripart History what is wrote from him is often in the same words in that life attributed to Fitz-Stephen and never in William of Canturbury Gul. Neubrig [2] Bellarmin de script Ecclesiast p. 330. was born A. D. 1135. and continued his History to A. D. 1197. 8 o. Ric. 1. Gervasius Dorobernensis [3] Selden Praefat. ad Authores 10. f. 13. a Benedictine Monk of Canturbury he was living in the time of King John Anno 1200 and reputed a very good Historiographer having Collected a great many Historians from whom he wrote British Saxon and Norman Story He was made a Monk by Thomas Becket and ordained For speaking [4] Chron. Gervas Col. 1418. n. 10. of the Death of Thomas and his own respect to him he saith thus Mihi namque Monachatum concessit eo Anno quo ipse fuit in Archiepiscopum Sacratus ei professionem feci ipse me ad Sacros Ordines promovit Benedictus Abbas was Abbat [5] Pitsius in A. 1200. Gesta Hen. 2di In Bibliotheca Cotton Jul. A. XI of Peterburgh he wrote the Acts of Henry the second and the life of Thomas Becket Arch-Bishop of Canturbury and flourished in the year 1200 he began his History Anno Domini 1170. 16. Hen. 2 di Gervasius [6] Balaeus in Genturia â—tia de Gervasio Tilb. Tilburiensis or the supposed Author of the Red and Black Books in the Exchequer de necessariis Scaccarii observandis Dedicated to Henry the Second had his Name from Tilbury a known Town in Essex Seated upon or near the Thames Nephew of Hen. 2 d. and received much of his knowledge of the Chequer affairs from the Information [7] Vide ipsum lib. Ms. in Bibliotheca Caio-Gonvil Cantab. f. 41. a. of Henry Bishop of Whinchester who was Son to Stephen Earl of Bloys by Adela one of the Conquerors Daughters Nephew to Henry the First who gave him the Bishoprick and Brother to King Stephen This [8] Balaus ib. Gervasius was living in the time of King John 1210. He lived in Hen. First his time ib. 26. b. and had much of his knowledge of the Chequer from Roger Bishop of Salisbury ib. f. 27. b. and Nigell Bishop of Ely fol. 38. a. b. whose business he Transacted when infirm Radulphus de Diceto [9] Pitsaeâ—s in that year p. 282. Dean of St. Pauls London flourished about the year 1210 he was accounted an excellent Historian and a very diligent Collector in his Time Sylvester Giraldus Cambrensis [1] Pitsius A. D. 1210. a Welch-Man of the Illustrious Family of Barry as he says of himself lib. 1. c. 41. He was first Arch-Deacon of Brecknok then of Saint Davids and afterwards Arch-Bishop of Saint Davids he [2] Hanmers Chronicle of Ireland f. 168. was many years a Student beyond Sea from whence Hen. 2 d. called him home made him his Secretary and Tutor or Governor to his Son John and sent him with him into Ireland See lib. 2. c. 31. Amongst very many other works he wrote the Topography or local Description of Ireland ib. and the Conquest of it by the English and wrote what he knew and saw as he testifies of himself f. 808. lin 6. He dyed at St. Davids about the year 1210 and was there Buried He is to be found amongst the Ancient Writers of English Norman Irish and Welch Matters put out by Camden in one Volume Printed at Franckfort A. D. 1603 In the Proaeme of his second Edition to St. John f. 811. n. 40. he says he wrote when he was with him in Ireland clearly and distinctly what had been done by all the great Leaders and persons until they left the Nation Henry de Bracton [3] Origin Jurisd 10.56 in the Epistle to the Reader a Justice Itinerant 29 Hen. 3 d. A. D. 1245. skilled also in the Civil Law of the Romans wrote this Book toward the latter end of Hen. 3 d. of the Laws and Customs of England according to the Method of Justinians Institutions he also lived and was a Judge in Edw. 1 st his time A Survey of All the Manners belonging to the Bishoprick of Ely made in the 32 d. of King Henry 3 d. A. D. 1248. Chronica Normanniae [4] Scriptor Norman f. 977. containing many things referring to the English and French from the year of Christ 1139 to the year 1259 out of an old Book in the Library of the Canons Regular of St. Victor in Paris Published amongst the old Norman Writers by Andrew du Chesn Robert de Monte. Printed at Paris 1619. The Matter and words of this Chronicle unto the year 1161 are taken out of Robert de Monte who was Abbat of the Abby de Monte Michaelis in periculo Maris of Mount Michael upon the Sea-shore in the further part of Normandy next Britany he was esteemed a Learned Man and lived in the time of King Hen. 2 d. He continued Sigebertus Gemblacensis Matthew Paris [5] See the Testimonies of him before the Edition at London 1640. a Monk of St. Albans was Historiographer to Hen. 3 d. and received an Annual Stipend from him He dyed in the year 1259 and 43 d. of that King he was continued to the end of that Reign as is supposed by William Rishanger another Monk of that Abby who was also the Kings Historiographer and received his Stipend Ibid. Paris mostly in the beginning of his History Transcribed Roger Mendover his Predecessor Historian also to the King and a Monk of the same Monastery He wrote to the year 1225 and 20 th of Hen. 3 d. John de Bretton [6] Pat. 53. H. 3. M. 2. one of the Justices of the Kings-Bench in the 53 d. of Hen. 3 d. wrote a Book in Law French of the Common Law of England called Breton at the Command of Edward the First [7] Selden Dissert in Fletam p. 461.462 who had a purpose to make Law certain and to be put in writing and therefore caused Books to be made by the Judges and others most knowing Men in the Law whereof this was one Selden [8] Ib. p. 457.458 459. affirms Bracton and Bretton to be the same person whose Name was
began his Reign Anno Dom. 712 and died 727. ibid. The rest of the Laws of the Saxon and Danish Kings follow in their succession of time unto the Conquest of England by William Duke of Normandy Having thus Noted the Age and beginning of our Saxon Laws I shall also give an Account of the time when first the several German and French Laws were Composed or reduced into Writing As they are publish'd by Lindenbrogius in his Code of Antient Laws the first was the (a) Hotton in verb. in Diction Feud Salic-Law why so called Aâ—mon lib. 2. c. 10. Gallia West-France Germany East-France So called from the River Sala in Germany about which the Eastern Franc's inhabited or probably near it held their Placita and Conventions in which they made their Laws c. or from Sal or Sala the same with Aula a Hall or Court so that then Salic-Law was the Royal or Court-Law Salic Law dictated to the (b) They were a stout People and Inhabited no large Country between the Saxons and Almains called Franconia afterwards they overran all Gallia and Germany so that Gallia was called West-France and Germany East-France Wendelin in his Leges Salicae Illustratae endeavors to prove the Francs to have possessed or inhabited the Country of the Aetuatici which he places in Belgium or Germany the Less and in the Province of Brabant between the Rivers Tamar and Lachar and the Wood or Forest called La Forest Charboniere making Diest the Antient Sala Hall or Court of the Kings of the Salick or Noble Francs and in his Glossary of Salic Atuatic Words he derives the Word Francus from the Atuatic Word Vranghe or Vranck yet in use in Haspen * Hottom ut supra Gryph Weich bild Saxon. c. 40. n. 5.8 Loccen Antiq. Sueo-Goth p. 35 36. or Hasbania the Neighbouring Country which signifies Stout Cruel Fierce Austere c. and further That the name of the Francs was never known beyond the Rhene until the Year 496. when Chlodovâ—us in a mighty Victory at Tolbiacum now Zulick near Colen subdued the Almains who then left off their own Names and called themselves Francones and their Country Franconia to obtain Favor from their fierce and cruel Conquerors and allay their Severity Francs by Four of their Nobility or Chief Men chosen out of many others as Sigebertus Gemblac reports in the Year 422. But under the Prologue to these Laws it is said That Charles King of France which was Charlemaign ordered the small Book Salic-Laws when first Written or Tract of the Salic Laws to be Written Not but they were Written before without doubt here onely he intends they should be made more publick The next are the Burgundian Laws Burgundian-Laws when first given established by Gundebald King of Burgundy in the Second year of his Reign as is said in the Preface to these Laws which was about the Year 500 as appears by Greg. Turon lib. 2. c. 32. with the consent of his Nobility or Optimacy and were selected out of some former Constitutions of his own and his Parents or Predecessors Next follow the Alaman Boioarian or Bavarian and Ripuarian (c) Ripuarii were those People that inhabited the Countrys between the Rivers Rhene Mose and Moselle from Ripa a Rivers Bank whence Riparius and Ripuarius Laws which the Prologue to the Bavarian Laws says were given by King Theoderic Boioarian or Bavarian Laws when first given When the Alaman and Ripuarian The Laws of the West-Goths when reduc'd into Method or Theiri King of Austrasiae Almaniae c. Son of Clodovaeus Greg. Turon lib. 3. c. 1. who began his Reign Anno 514 or 515. Helvicus a Isaacson Then the Laws of the Wisigoths or West-Goths a German People were reduced into some sort of Method by Euricus or Euridicus or Theodoricus about the Year 500. Lindenbr in prolegom and received many Additions and much Force from Chindaswind and Receswind Kings of these Goths who began their Reigns about the Years 644 and 650. Ll. Wisigoth lib. 2. Tit. 1. leg 1.5 7 9. About this time the Laws of the (d) Longobards from the Latin word Longus and the Gothish word Bard or Bart a Lance Two-edged Spear or Halbert so called from the Long Lance or Halbert which they used in War they were derived from the Norwegians amongst whom no other Armes were more frequent then that Longobards which were known by Use and Memory only The Longobards or Lombards Laws when First Written King Rotharis who according to Isaacson began his Reign Anno Dom. 638. caused them to be put in order and Written 70 years after the Lombards came into Italy Paulus Diac. Hist Longobard lib. 4. c. 44. The Saxons Angles Varins and Frisons Laws After these or rather of an incertain date are the Saxon Laws The Laws of the Angles Varins and Frisons of which there are but few published and therefore presumed to be lost unless they made use of the Laws of some other Nations with their own The Capitulary of Charlemaign Ludovicus Pius his Son The Capitulary of Charles the Great Ludor Pius his Son and Lothar his Son and Lotharius his Son was Collected by Ansegisus Abbas Lobiensis afterwards Arch-Bishop of Sens Trithemius p. 120. in the Thirteenth year of the Reign of Ludovicus Pius and his Son Lotharius An. Dom. 827. as he found them dispersed here and there in diverse Membranes or Parchments as he sayes in his Preface to these Laws which he divided into Four Books Eginhart in this matter says That after Charlemaign was Emperor he took notice that there was much wanting in the Laws of his People which he thought to have added and reconciled the differences in them and to have Corrected the evil Laws but he did nothing more then add a few Chapters to the Laws in being and those imperfect yet he caused the Laws of all Nations under his Dominion that were not Written to be Written p. 32. The Three latter Books of this Capitulary were Collected by Benedict the Levite from divers places and Schedules but chiefly out of the Archives of the Metropolitical Church of Ments whereunto he belonged And as he notes some Chapters are to be found double or treble and some the same with those Collected by Ansegise because he found them in diverse Schedules and had not time to correct or reduce them into order See his Preface before the Fifth Book Many different and almost contrary Laws there are in this Capitulary and the other German Constitutions and were so because made by diverse Emperors Kings and Governors with their Councils at diverse times and in diverse Countries according to their several Usages and are published as they were found nor was there ever that I find an intire Code picked out of all these Laws as Charles the Great without doubt designed for a General Law Yet this Capitulary which bears his Name was called an Edict The Capitularie of Charles
to have staid so long Alfrid his Son Wilfrid received again his Bishoprick at the King's Invitation but after five years being accused by the King himself and very many Bishops But received again by King Alfrid And five years after removed again An. Dom. 685. he was again thrust out of his Bishoprick When also appealing to Rome he was by Pope John the Sixth and many Bishops judged in some things objected against him to have been falsly accused insomuch that the Pope wrote to Alfrid to restore him to his Bishoprick [9.] Ib. fol. 447. Alfrid contemns the Popes Letter c. who contemning the Message he brought refused to receive him yet after his death he was restored after some bandying and agitation of his cause [1.] Ibidem He was restored by a Synod after his death by a Synod called under his Son Osred [2.] Ibid. 446. A pretended Vision help'd much towards his Restitution A pretended Vision he had in his return out of Italy much help'd toward his Restitution in which he said Michael the Archangel appeared unto him in a great Fit of Sickness he had at Meldae now Meaux upon the River Marn ten Leagues from Paris and told him he should be recovered from death and also be restored to a great part of his Possessions which had been taken from him in England and end his life in peace This Vision he discovered to his great Confident and Companion to Rome Acca a Priest who without doubt made the best advantage of it in those credulous times There accompanies this Story of Wilfrid in Spelman's Councils Tom. 1. fol. 163. and Labbe's Councils Tom. 6. col 576. taken from the former The Priviledge of the Abbey of Medehamsted alias Peterburgh a Priviledge granted by Pope Agatho to the Abby of Medeshamstede now Peterburgh wherein 't is said in the person of Agatho and as a Constitution of his that the Abbat of that Monastery should be the Legate of the Roman See through all England and that such as had made a vow of Pilgrimage to Rome and were hindred by Sickness or by any other impediment or necessary cause if they came hither they might receive the same Absolution and Remission which they should have received at Rome This Priviledge Sir Henry Spelman had out of a Saxon M. S. belonging sometimes to that Abby which he hath translated The Priviledge in the Saxon Tongue and says he never saw the Latin Original But now that is extant in Dugdale's [6.] Vol. 1. fol. 66. And in Latin Monasticon and doth no way agree with the Saxon Priviledge in this 't is only said that the Bishop of the Diocess should not have any Prelatical Power over this Monastery nor the Abbat thereof but should use and respect him as if he were a Roman Legate his Fellow-minister of the Gospel and his Companion not his Subject That all People of Brittain and other near Nations who being hindred by the length of the Journey or other necessary cause might visit St. Peter here as effectually as at Rome his own City where they might pay their Vows Hence its name of Peterburgh have Absolution from their Sins and receive Apostolical Benediction c. Both these Priviledges though very much different in Form Matter and their Attestations or Witnessing yet they bear date the same year [7.] Ibid. fol. 67 col 2. Spelm. Concil Tom. 1. fol. 266. One of them false Both suspected viz. 680. and are both said to be sent by [7.] Ibid. fol. 67 col 2. Spelm. Concil Tom. 1. fol. 266. One of them false Both suspected Archbishop Wilfrid from Rome so that one of them must be false and without doubt 't is that in the Saxon Tongue is the Counterfeit seeing the other from Rome was in Latin and therefore most probable to be the Original or probably they might both be false for the Monks had an excellent Art in making Bulls Priviledges and Charts for advancing the Credit Reputation and Interest of their Monasteries as appears by the Controversie between the [8.] Gervas Dorob col â—458 Archbishop and the Monks of St. Augustin's in Canterbury Anno Domini 1181. near five hundred years since in which Controversie they produced two Schedules or Charts before the Bishop of Durham and Abbat of St. Albans the one said to be the Priviledge of King Ethelbert the other of Augustin their first Archbishop of Canterbury both which for the reasons there alledged were suspected not to be what they pretended they were and therefore not allowed But if true they prove not a Popes Legate here before the Conquest But suppose the Latin Priviledge to be true it makes nothing to confirm the opinion that this Abbat was the Pope's Legate formerly and with that Power and Grandeur constituted they have been for many years past and of late days for we read not in any History that the Abbats of this place ever exercised any Legantine Power or Authority and therefore Legate here must signifie an ordinary Messenger Minister Commissary Deputy or Official as it did most frequently in those elder times so that when it is said in the Latin Priviledge the Bishop was to respect the Abbat as a Roman Legate there is no more meant Legate anciently signified only a Commissary Official or ordinary Minister than as the Pope's Commissary Official or Minister to give in his stead Papal Absolution and Benediction to such as had made Vows for Pilgrimages to Rome and from hence no doubt the Pope had a considerable Income or Composition The other two Instances follow the first Anno Domini 905. in the Fifth year of King Edward the elder Son of Alfrid He received a chiding Letter from Pope Formosus Malmsb. de gest Regum fol. 26. n. 30 40. Monast Angl. vol. 1. fol. 220. col 2. fol. 221 col 1. A pretended Letter from Pope Formosus commanding him and all his by threatning and affrighting them with his Malediction if there were not Bishops appointed in all places where they had been before whereupon the King called a Synod in which Phlegemond Archbishop of Canterbury presided in this Council were made seven Bishopricks where before there were but two This Synod ended the Archbishop goes to Rome with the News which was very acceptable to the Pope and at his return ordained or consecrated those seven Bishops in one day which before in the Synod had been nominated or elected amongst whom was Edulfe Bishop of Crediton in Devon-shire which Bishoprick afterward Edward the Confessor gave to Leofric his Capellan Anno Domini 1046. who as was believed moved with Divine Inspiration cast about how he might procure the See to be removed from Crediton to Excester and because he thought it could not be done without the Authority of the Roman Church he sent Lambert his Priest or Capellan to sollicit this Affair with the most Holy Pope Leo and he most willingly
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
Bishop of Rochester in Kent Ethelbert Eadbald A. D. 608. The Heptarchy About this time died Augustin or as Matth. Florilegus in the year 608. or Nicholas Trevet in the year 611. to whom succeeded Laurentius a Roman ordained by Augustin himself while alive that he might take care of the weak State of his Church scarcely yet established Spelm. con fâ—l â—â—1 Ibid. c. 4. Augustin dies A. D. 6â—1 Laurentius Archbishop Bede lib. 2. c. 5. fol. 120. and that it might not one hour want a Pastor he brought the Scots and Britains to some Conformity with him especially in the Observation of Easter Ethelbert gave his People Laws and Statutes by the advice of his wise men according to the example of the Romans written in the Saxon Tongue and observed in Bede's time wherein his great care was to punish such as had stoln any thing from Church or Church-men thereby shewing how gratefully he received from them the Christian Faith Ethelbert and Sebert dead their Sons revert to Paganism A. D. 613. or 616. Ibid. c. 5. Mellitus and Justus go into France Eadbald converted by Laurentius The Londoners refuse Mellitus Ibid. c. 6. He and Sebert being dead Eadbald the Son of Ethelbert and the three Sons of Sebert relapse into Paganism from whom and their People after they had received many Affronts and being without hope of their reduction to Christianity Mâ—llitus and Justus departed into France but Eadbald being converted by Laurentius calls them back to preach Rochester easily received Justus but the Londoners rejected and refused their Bishop Mellitus rather submitting to their Pagan Priests and delighting in their old Heathenish Vanities after the death of Laurence first Mellitus and then Justus were Archbishops of Canterbury successively Edwin King of Northumberland Bede lib. 2. c. 9. Edwiâ— demands Edelburge for Wife Edwin King of Northumberland sent to Eadbald King of Kent to desire his favor that he might take his Sister Edelburge to Wife he answered that a Christian Virgin ought not to marry a Pagan Edwin receiving this answer promised he would do nothing contrary to the Christian Faith which Edelburge professed and that he would permit to her and all that came with her whether Men or Women the liberty of their Religion and that he should not refuse it himself if upon Examination of it and Consultation had with his wise men it should be found more Holy and Worthy than his present Worship Paulinus is ordained Bishop and sent with her An. Dom. 625. Upon these Terms the Virgin was sent to him and with her Paulinus who was ordained Bishop by Justus about the twelfth of the Calends of August 625. that he might preserve her and the whole Company with her sound in the Christian Religion and from being polluted with Pagan Vanities His further design was also to bring off the whole Province whether he went to the Christian Religion he laboured but in vain amongst the People while their King remained Pagan whom upon every occasion he perswaded and allured to embrace the Christian Faith yet he would not do it without mature deliberation Ibid. c. 13. and the advice of his principal Friends and Counsellors and having been first well instructed in Christianity by Paulinus he consulted his great men and propounded the Reasons to them The Northumbrians converted that happily might move them to the Christian Religion they all complyed with him and first of all Coifi his chief Priest who also first of all offered to destroy the Altars and Temples of their Gods Edwin and his Nobility baptized by Paulinus which he presently effected and then Edwin with all the Nobility of his Nation and many of the common people in the eleventh year of his Reign were baptized The Heptarchy A. D. 628. after this vast numbers of the vulgar flocked in every day to be instructed in Christian Religion and to be baptized Ibid. c. 14. the next Rivers serving instead of Fonts which at that time they had not nor were there then very few if any Churches built unless one small one at York which Edwin caused to be built of Wood for the Solemnity of his own Baptism where he fixed Paulinus his Episcopal Seat after the Conversion of his own Nation Edwin moved with much Devotion toward the Truth endeavoured to perswade Eorpwald King of the East-Angles Eorpwald King of the East-Angles receives Christianity A. D. 632. Ibid c. 1â— A. D. 633. with his Province to receive the Faith and Sacraments of Christ whose Father Redwald had received them in Kent but returning home over-ruled by his Wife to make sure of the right way he erected in the same Temple one Altar to Christ and another to the Heathen Gods Eorpwald being slain also not long after he became a Christian his Province remained three years in their Errors until his Brother Sigebert took upon him the Government of this Kingdom who while his Brother lived remained an Exile in France Sigebert King of the East-Angles A. D. 635. Ibidem where he received the Faith of Christ and at the very entrance upon the Government took that care that his whole Province might receive it also Faelix a Burgundian Bishop contributed very much to this work They are converted by Faelix and was almost the sole Author of the Conversion of this People he applied himself to Honorius Archbishop of Canterbury and acquainting him with his Design received his Mission from him and with unwearied labour reconciled the whole Province to the Christian Profession and placed his Episcopal Seat at the City (p) 'T is most probable it was Dunwich upon the Coast of Suffolk Domoc Honorius the Pope sent to Paulinus and Honorius then Archbishop of Canterbury each of them a Pall and Decretal Letters Ibid. c. 18. The Archbishop of York and Canterbury have power to consecrate one another A. D. 634. Bede l. 3. c. 1. c. 3. Aidan sent for by Oswald An. Dom. 637. wherein he gave Power that if either the Archbishop of Canterbury or York should dye the Survivor might ordain and consecrate another in his place without further trouble or a tedious Journey to Rome After the death of Edwin the Northumbrians fell from Christianity and were reconciled again in the Reign of King Oswald by Aidan who at his request was sent out of Scotland he was a Bishop and had his Seat in Holy Island or Lindisfarn About this time Byrinus sent by Pope Honorius The West-Saxons converted A. D. 637. Bede l. 3. c. 7. came to convert the yet Pagan parts of Britain and landing amongst the Gevisses or West-Saxons he prevailed with their King Cynigils to be baptized to whom Oswald King of Northumberland was Godfather and afterwards his Father in Law by Marriage of his Daughter after his Conversion of the West-Saxons (q) Cynigils as King of the Nation and Oswald as the most Potent who then had
entring the Kings Town they killed his chief Officer thereof in the time of Brithric King of the West-Saxons Anno Domini 791. but the Country coming in forced them to their Ships again It may be probable according to the opinion of some that they were only Pirats with a general Commission and that they landed here by accident or were by weather forced upon this Shore This Church Story is lame and incoherent yet 't is all I could find worth notice amongst the many Volums of the ancient Monks they being nothing almost but vast heaps of Legends Tales and vulgar Reports which passed for current in those ignorant and credulous times nor is there any more methodical or authentick Story to be expected for some and those not a few years yet to come yet out of these Clouds of darkness out of these voluminous idle vain inconsistent Discourses a man may pick out matter sufficient for strange admiration when he shall observe the frequent Fastings The Devotion and Piety of Elder times the fervent Prayers the large and I had almost said profuse Alms of those times what stately and magnificent Fabricks Churches Palaces and Monasteries were built and founded in those days what plain and unlearned Zeal what obedient quiet and hearty Devotion then possessed the minds of the People when in 220 years time Marsham's Preface to the first Volum of Monasticon thirty English Saxon Kings and Queens left the World and entred into a Religious Solitude Egbâ—rt Monarch A. D. 854. c. The Secular Story of the Saxons almost ever since their first entrance I have hitherto omitted consisting chiefly of Wars by which we may know and understand their Barbarity Violence and Rapine but for what cause they were undertaken by what Counsels directed and managed or what Reason or Justice there was for them we cannot once guess the Relations of them being so narrow and frivolous Nor are the Battels themselves described more artificially than the Combats of Bears and Wolves or the Skirmishes of Kites and Crows in the Air. There were frequent attempts upon one anothers Dominions amongst their petty Kings and as frequent Rebellions of the great men against them and oft-times in some or most of these Nations he whom Riches Popularity or Faction advanced took on him the Title and State of a King Egbert King of the West-Saxons Saxon Ann. A. D. â—54 Egbert the famous King of the West-Saxons made himself Monarch of the Saxon Heptarchy and as some affirm of Great Britain his Title to the West-Saxons Kingdom he derived justly from Ina. Thus he was the Son of Ealmund he the Son of Eafa he the Son of Eoppa he the Son of Ingild and he the Brother of Ina whose direct Line was Extinct when Egbert assumed the Diadem and was called out of France by the West-Saxons being there an Exile to undertake the Government He conquers the Cornish and Welch Britains His first Atchievement was against the Britains in Cornwall and the (f) So called in respect of the Cornish Britains from whom they were situated due North an arm of the Sea or the mouth of the River Severn only parting them North-Britains in Wales whom he subdued and made Tributary by the Fame of these Victories he became a Terror to the other petty Kings only Bernulph King of the Mercians swelling at his success thought it would be a glorious and bold attempt in him to rescue others from fear and to make War upon Egbert who cheerfully gives him Battel wherein Bernulph and his Forces were totally routed Bernulph routed and Mercia conquered by Egbert A. D. 806. Malmesb. de gest reg l. 2. c. 2. A. D. 824. Ibidem The South and East-Saxons conquered by Egbert and the East-angles Ingulph Hist fol. 487. a. The West-Saxon King urged forward with this Victory sent his Son Ethelwolf with Alstan Bishop of Sherborn to take in Kent which they presently added to the West-Saxon Dominion and proceeding drave Baldred the King thereof over the Thames and some years after he subdued the South and East-Saxons soon after the East-angles encouraged by Egbert slew Bernulph and Ludecan Kings of the Mercians and their Successor Withlaf at first expelled his Kingdom by Egbert afterward by the Mediation of Siward Abbat of Crowland with whom he privately remained in that Monastery was restored upon condition of Subjection and payment of a yearly Tribute Malmesb. ubi supra The Kingdom of Northumberland yields to Egbert In the same year the Northumbrians broken with Factions and wearied by the Usurpations and Pretences of several ambitious Princes gave Hostages and submitted themselves to Egbert And now though he injoyed Britain Egbert Monarch A. D. 832. yet he injoyed not the full satisfaction and pleasure of his Conquest for the Danes landing in the Isle of Shepey wasted it and the next year coming again in thirty five Ships they landed at the River Car in Dorsetshire Danes land in Shepey At the River Car in Dorsetshire An. Dom. 833. Two Bishops slain They land again A. D. 835. A. D. 836. where Egbert fought them with a great slaughter on both sides yet so as the Danes made good their ground and encamped Herefrid and Wigferth two Bishops were here slain as also Dudda and Osmund two Saxon Commanders Two years following a great Fleet of the Danes arrived again and joyned with the Cornish Britains against Egbert who overthrew and put them to slight and the next year died After his acquest of the whole Heptarchy by Edict he caused it to be called England which in Latin was called Anglia from the Angles the most numerous and valiant of the three Nations which came hither with Hengist they possessed the Kingdoms of Northumberland Mercia and East-Anglia the Jutes only Kent and the Isle of Wight and the Saxons East-Saxony South-Saxony and West-Saxony yet long before this time it might be and was called England though not by a publick Edict for Bede inscribes his Book the Ecclesiastick History of the English Nation Bede l. 2. c. 4.5 and Pope Boniface writes to Ethelbert King of the English and Gregory sent Augustin to preach to the English Nation also Ercombert King of Kent Ibid. l. 4. c. 1. and Oswy King of Northumberland or of the English as most Potent sent Wighard to Rome to be ordained Bishop of the English Nor was he perfectly absolute notwithstanding he became Monarch of England for some if not all the petty Kings though Tributaries held their Titles for many years and some Successions of Monarchs after him as Witlaf King of Mercia under Egbert Ingulph 's History fol. 487. a. Ibid. fol. 488. b. Ibid. fol. 491. a. and Bertulph under Ethelwolph his Son Beorred King of Mercia and Edmund King of East-Angles under the same and so they continued at least until Edward the Elder Ethelwolph eldest Son of Egbert Ethelwolph by some of the more Modern Authors said
to have been a (g) By Matth. of West Brampton and many others but not mentioned by Asser Malmsbury or in the Saxon Annals and therefore suspitious Monk and Bishop of Winchester took upon him at the request and importunity of his Nobility A. D. 836. the Government of the Kingdom of the West-Saxons his Father giving to his Brother Athelstan the Kingdoms of Kent Essex Surrey and Sussex Saxon Annals A. D. 836. or of the South-Saxons which afterwards by the Death or Cession of Ethelstan came under the Power of Ethelwolph Malms l. 2. c. 2. who being of a quiet and still temper the Danes made their advantage of him with whose Invasions the most part of his Reign he was mightily afflicted and with whom in one place or other there were Battels or Skirmishes almost every (h) Barely mentioned and briefly touched in the Succession of several years in the Saxons Annals and in Asser whom the rest follow inlarging upon them according to their Fancies Saxon Annals and Asser in these years and so forward The Danes harass Lindsey East-angles Kent London Canterbury and Rochester as that Duke Wulfheard fought against three and thirty of their Ships at Hampton A. D. 887. and the same year Consul Ethelhelm fought the Danes with the Dorsetshire men at Port where at first Ethelhelm but at last the Danes prevailed the next year Earl Herebert was killed in Battel of the Pagans and many others at Mereswar and the same year the Countries of Lindsey East-angles Kent c. were harassed and destroyed and many slain by them and the next year they made great slaughters at Canterbury London and Rochester and so forward nothing but insignificant Relations year sometimes the Saxons sometimes the Danes prevailing Ethelwolph Monarch A. D. 836. who by their often Invasions in every part of the Kingdom rather seemed to pray upon and wast than conquer and possess England if at any time they were repelled and very much beaten by the English Danes often beaten yet it availed not the English Their often fresh Supplies it availed nothing there coming presently greater Fleets with fresh Supplies and while the Saxons or English marched to oppose them in the East they shipped themselves and invaded the West or some other Quarter so that the People despaired of any means of Safety The King Nobility and Clergy over-set as it were and strangely afflicted with the Depredations of these Pagans Ingulph Historia Fol. 491. a. judging these Evils and Miseries to be the Consequences of their Sins bethought themselves of a wholsome and uniform Remedy as they affirmed it and a Security against their Enemies which was an (i) The General Meetings of the Bishops great or wise Men as they were frequently named Great Councils or Parliaments Tenth Mansion Hide or Family what it signifies or of the States or Baronage were called Witenage gemotes Mycel Synods great Councels and afterwards Paliaments Act of the great Council or Parliament in those days however it be commonly called the Grant of King Ethelwolph of the Tith of the Profits of all (k) Tiths might be paid by some Persons and in some places before this Grant but this was the first publick Act that imposed a necessity of paying them In Ingulph the Latin words are decimam Mansionem that is Hidam seu familiam the Tenth Hide or Family which perhaps maâ—â—elate to the Poor Parson which was to be maintained upon every Tenth Mansion as above noted or perhaps if the Tenth Mansion were given it might be the first Foundation of the Rectory and Glebe Laâ—ds in every Parish for besides 't is said in Ingulph that the Tenth of all Goods were granted to the Church In others the Latin words are decimam partem terrarum per regnum nostrum the things granted however expressed were the Tithes of the Profits of all Lands as Selden concludes History of Tiths fol. 206 c. Ibid. fol. 207. for as he affirms whether it be the Tenth Hide the Tenth Mansion or Family or the Tenth part of the Land it is all one they being words that signifie the same things and import no more than the Tenth part of the Profits growing in them Lands Ethelwolph grants the Tiths of all England to the Church A. D. 855. Ibidem Ingulph histor 491. a. This Grant subscribed by all the Kings and Nobility in England Ibidem Ordered to be published in every Church free from all Burthens Taxes and Exactions (l) Free from Military Service building and repairing of Bridges and Castles called the Trimoda Necessitas to which all Lands whatsoever were subject whatsoever to the Church this Grant by the consent of that great Council was signed by all the Archbishops Bishops and Secular States of all England by Beorred King of Mercia and Edmund King of the East-angles then Subject and Tributary to Ethelwolph who after it was subscribed offered it upon the Altar of St. Peter the Apostle in the Cathedral at Winchester where the Council was held and the Bishops caused it to be published in every Church of their several Diocesses or (m) The Latin words are Per omnes Ecclesias in suis Parochiis Paroches This done he went to Rome leaving the Danes in Shepey Island and carried with him his beloved Son Alâ—rid and staying there a year returning through France he brought with him Judith Daughter of Charles King thereof Asser de gest Alâ—r fol. 2. whom he had married Ethelbald conspires against his Father Ib. In his absence Ethelbald his eldest Son Alstan Bishop of Sherborn and Eanwulf Earl of Somersetshire conspired against him and would have excluded him the Kingdom who foreseeing the Dangers and Miseries of a Civil War Ibid. fol. 3. Between Ethelbald and his Father the Kingdom is divided A. D. 858. out of his meer Clemency and great Condescention by the assent of his Nobles divided the Kingdom between himself and his Son he taking the East part and leaving the West part which was the best and greatest to Ethelbald two years after his return from Rome he disposed the Kingdom to his two eldest Sons and his Hereditary Estate to his other Sons and Daughters Ethelwold Ethelbald Ethelbert A. D. 858. For the advantage of his Soul he ordered that in his Hereditary Lands every Tenth Hide or Mansion should maintain one Poor Parson with Meat Drink and Cloathing he commanded likewise there should be three hundred Marks carried to Rome every year Ethelwold gives three hundred Marks to Rome Ibid. fol. 4. and to be thus disposed of one hundred Marks to buy Oyl for the Lamps in the Church of St. Peter as much to buy Oyl for the Lamps in the Church of St. Paul and the other hundred Marks to the Pope in this year he died To him Ethelbald and Ethelbert the two elder Brothers succeeded Ethelbald and Ethelbert Ibidem A. D. 860. Winchester sacked the former lived
sometimes conquering and other while being conquered for if Asser says the Danes came hither with such often supplies and in such great numbers that if thirty thousand were killed one day there succeeded others to double that number until at length Aelfrid was reduced to such streights that with a few of his Nobles and some Soldiers and Vassals he was forced to secure himself in the Woody and (q) Now the Isle of Athelney in Latin gronnosa Ioca Cam. Brit. fol. 163. Gron what without doubt from Gron an old English Saxon word signifying a Fen or low Moory Boggy grounds and the parts adjacent are now called Moores and hence Gronningen the chief Town in the Province of that name in the Netherlands for that 't is situated in such a Country and other places of the like sound Fenny places of Somersetshire Aelfrid A. D. 878. where they had nothing but what they got from the Pagans by frequent Irruptions or such Christians as had submitted to them But not long after adventuring out of these fastnesses Ibid. fol. 10. with the whole force of Somerset Wilt and Hamshire which came unto him marching swiftly early in the Morning Aelfrid suddenly sets upon the Danes and obtains a great Victory he set upon the Danes at Ethandun where their Army lay and by a great slaughter of them obtained the Victory and had the pursuit of them to their Camp or Fortress and when he had there besieged them fourteen days forced by Famine and Despair they yielded The Danes beg Peace and begged Peace upon such Terms as he never had before they offering as many Hostages as the King would require for the performance of them which when the King had received the Danes swore that as soon as they could And swear to depart the Land they would depart the Kingdom (r) In Asser Godrum and Gothrum in others Gyâ—ro Gothrun or Gurmund Godrun his several Appellations in Lambard's Laws Gythrun or Guthrun Godrum their King presently became a Christian to whom Aelfrid was Godfather Godrun their King becomes Christian Hist 494. b. Some Danes abjure the Land and with him thirty of the chief men of his Army were baptized Ingulph says that Aelfrid gave to him and his People that staid with him the Kingdom of the East-Angles and that such as refused to be baptized abjured England and went into France Malmsbury says that Aelfrid gave him that Kingdom and also Northumberland Northumberland given to Godrun to hold of him by Fealty and Allegiance which before he held by Violence and Rapine perhaps in his latter time the greatest safety to Aelfrid was the Sea Force Aelfrid 's Sea Force 120 Ships Asser fol. 10. A. D. 877. which he first advanced to any considerable height have in number about 120 armed Ships with which he several times destroyed his Enemies Fleets and kept them from landing Learning in this Kings days was at a very low Ebb In Praefat. Pastoralis Gregor apud Asser fol. 27 28. The Ignorance of the Bishops Priests and People in Aelfrid's days A. D. 884. Aelfrid's design for the advancement of Learning A. D. 886. Asser fol. 16. The Controversie between Grimbald and the Oxonians there scarce being any that could read English on the South-side of Humber or a Priest that could translate Latin into English wherefore he translated Gregory's Pastoral into English and sent a Copy of it to every Bishop especially to such as did not well understand the Latin Tongue to whom he thought it very necessary yet after some repose and quiet from War and Tumult he thought of the advancement of Learning and Justice and the making of Laws for effecting the first he sent into France for Grimbald and John the Monk and into Wales for Asser who read to him and wrote the History of his Life whom he placed at Oxford there to read in several Sciences where not long after their coming there happened a great Contest between the Scholars they found there and these Strangers the first pleading their Antiquity and Seniority against the latter Aelfred A. D. 886. The King hearing of the Controversie goes to Oxford to put a period to it who shewing much moderation and indeavouring to reconcile them by perswasion it so moved Grimbald who thought himself sure of the Kings favor that he left Oxford and went to the Monastery at Winchester and removed from thence to Winchester also the Tomb wherein he designed to lay his Bones Ibid. fol. 20. Aelfred gave the half of the Revenue which came into his Exchequer every year to charitable uses which he distributed into four parts one whereof was ordered for the support of his (Å¿) So were all places of literature called at this time the Formality and Constitution of Universities not being then the same that it is at this present such an one was the School of Sigebert which he erected in his Kingdom of the East-angles and not perhaps without much probability at Cambridge School which chiefly consisted of his Nobility he also ordering that the Sons of Free-men should be brought up in Learning until they were fifteen years of Age. Asser fol. 21. Aelfred 's great care of Justice In doing Justice he was so careful and exact that he would inquire after all the Judgments and Decisions of the whole Country made in his absence and strictly examine them whether just or unjust and if he found any Iniquity in the Sentences of his Judges he would ask them whither it proceeded from Ignorance or a corrupt mind He reproves the ignorance of his Judges if they answered from Ignorance he reproved their Folly and Unskillfulness and admiring their Insolence that they should pretend to do what they understood not commanded them either to lay down their places of Judicature or by applying themselves to Study and Books make themselves more fit and skillful to perform them and it was wonderful to see how many illiterate (t) The Latin word is Comites which the Saxon translates by Alderman and we by the Danish word Earl Earls Sheriffs and Ministers many of them in their old Age rather than part with their Places and Profits And they addict themselves to laborious Studies Brompton col 829. His Laws collected out of the Laws of precedenâ— Kings addicted themselves to laborious Studies His Laws whereof many were Ecclesiastick for the most part were Collections from the Laws of Ina Offa and Ethebert which were made and the Observation of them commanded by the advice and assistance of his Council such as were fit for the present time were retained others antiquated and some new ones made they contain nothing extraordinary and are extant in Lambard only one or two of the Secular Laws that are observed among us at this day shall be noted Ll. Alured fol. 31. Estates intailed in his time As that for Entailing Estates They that had Book-land or Estates in
payment of Tithes another for the payment of a Penny to Rome imposed upon every House at the Feast of St. Peter under the Forfeiture of 120 shillings to the King many Canons also were set forth in his time which relish of the present Age and contain nothing extraordinary Edward the younger A. D. 975. Malms l. 2. de gest R. R. c. 9. Florileg A. D. 975. Opposed by his Mother in Law Elsted Edward called the younger the eldest Son of Edgar by Egelfleda his Wife was placed in his Fathers Throne according to his just right but contrary to the design of Elsrida his Mother in Law and second Wife to Edgar who made it her business to set up her own Son Ethelred a Child of seven years of Age and half Brother to Edward that she in his Nonage might govern the Nation The Factions between the Monks and Secular Priests begun in Edwin's days The Controversie between the Monks and Seculars divides the Nobility were now revived and extended themselves to the Nobility many of which sided with each Party Dunstan with the Monks and all that Party adhered closely to King Edward the Seculars and other Party favoured Queen Elfrid and her Son Ethelred many of the Nobility and great men threw out the Abbats and Monks which Dunstan had placed in Monasteries Ibidem and brought in and placed there Secular Clerks or Priests and their Wives Two Councils about this Controversie A.D. 975 977. several Synods or Councils were held about this Controversie between the Monks and Seculars one at Winchester another at Caln in Wiltshire That at Winchester ended with confirming the Monks in their Possessions moved to it by the voice from a Crucifix pronouncing in favour of them Ibidem the issue of that at Caln is not clearly affirmed by the Relators telling only a Story of a Beam that fell down while the Discourse was hot about matters in Difference where all or most were slain but Dunstan who strangely escaped Amidst these Contests of the Clergy and Nobility Queen Elfrid took her opportunity of murthering Edward to make way for her Son Ethelred Ib. A.D. 978. Edward murthered by Elfrid his Mother in Law which she caused to be done after this manner Edward weary with Hunting and being very thirsty alone while his Attendance followed the Dogs hearing that his Mother and his Brother Ethelred were at (k) Camb. Ibid. Now Corfe Castle in the Isle of Purbecke in Dorsetshire Corvesgate innocently went thither she with all Demonstration of kindness welcoming him commanded drink to be brought forth and while he was drinking caused one of her Servants privately before instructed to Stab him after he had reigned about three years Edward thus removed Ethelred A. D. 979. left his half Brother Ethelred right Heir to the Crown which he received in the presence of Dunstan Archbishop of Canterbury Oswald Archbishop of York Flor. Wigorn. A. D. 978. and ten Bishops more whom Dunstan severely rebuked for aspiring to the Kingdom by Blood and prognosticated the Inundation of the Danes which followed This King's Easiness Inactivity and Softness An easie unactive King gave the greatest occasion to the Danes Conquest who well understanding his Temper and enticed by the Riches of the Nation The Danes after many years quiet invade England and their Country-men here who lived in great peace and quietness until this time first landed in one place then in another 't is to no purpose to name the particular places or follow them in their Sea-rambles and Landings first seizing the Towns and Countries near the Sea then others more remote until at last they wasted the whole Nation Ethelred often attempted to drive them out of the Kingdom and sometimes did beat them but to no purpose they always retired to their Ships with their Plunder and Spoils and as often as they were worsted were reinforced from Danemark and Norway His Nobility were not unlike him being Easie Supine and Cowardly and most of them allyed to the Danes in Blood Ethelred betrayed by his Nobility so that upon any great occasion or fair hopes of Victory over them he was for the most part by Fear or Treachery betray'd by some of them but by Edric more especially After many years experience of their barbarous Murthers and Cruelties by the consent and advice of his great men The Danes barbarous Cruelty he sent Messengers to them to buy Peace offering them Tribute which was called (l) Compounded of the words Dane and Gelt or Geld that is Money Danegeld what it was and this word signified as much as Danes Money Tribute or Tax paid to them The first Tribute paid to the Danes that they should abstain from Rapines Burnings Flor. Wigorn. A. D. 991. Ethelred buys Peace Ibid. A.D. 994. and Slaughters of men upon the Sea Coasts and hold a firm Peace with the English was 10000 l. in the year 991. See Lambard fol. 90. Foedus Ethelredi cum exercitu Anlavi c. The next Tribute paid them for the same Purposes in the year 994. was 16000 l. The third paid in the year 1002. was 24000 l. Ib. A. D. 1002· The fourth paid in the year 1007. was 36000 l. Ib. A.D. 1007. The fifth paid in the year 1012. was 48000 l. Ib. A.D. 1012. The sixth and last paid for the same ends and intention to the Danish Army Ib. A.D. 1018. At this day very near if not full two Millions Sterling when Cnute was King of England and Danemarke in the year 1018. was for all England 72000 l. and for London 10000 and 500 l. Cnute carrying and sending away the greatest part of his Army and Fleet into Danemarke Danegeld and a present Sum of Money Flor. Wigorn. A.D. 991 994 c. so as they would desist from their Rapine and horrid Devastations with which they seemed satisfied but still destroyed the Country Peace and Leagues were often made with them and they as often broke them after they had found the English would bleed Money They often for a while left England gave over wasting it and retired home with their Fleets but it was that they might return with greater Force and receive a greater reward for their Barbarous Hostilities and unheard of Cruelties until the Nation was exhausted of its Wealth and Glory Ethelred A. D. 1012. It is Storied that the Danes thus (m) The Danes say some of our Authors lived lazily and idly here taking their Pleasures while they made the English their Slaves and Drudges abusing their Wives and Daughters hence they were called Lord-Danes and at this day in some Countries they yet call a lazy idle Fellow Lurdan which seems to be a corruption of Lord Dane lording it and domineering over the English Ethelred thought to effect that by Policy which by force he could not Mat. Westm A. D. 1012. and by the advice of some great men
sent his Letters all over the Country that privately on St. Brice his day at night which was the thirteenth of November the Danes should be (n) This Massacre seems suspitious for that the Danes being dispersed all over the Nation and that it must be a business of time to give every place notice of the Design 't is scarce conceivable it could be carried on with so great secresie required to such an universal Surprize besides the Reporters of it agree not in the time or manner Hen. of Huntington says it was in the year 1002. when the Danes lived peaceably and quietly in the Nation Matt. of Westminster affirms it to be done in the year 1012. by the advice of Huna King Ethelred's General upon the Insolent behaviour of the Danes after Peace made with them Hoveden agrees with Huntingdon in the year and says that King Ethelred not long after he had made Peace with them commanded that all the Danes great and small of both Sexes inhabiting England should be killed because they sought the Dominion of the whole Kingdom and would have deprived him and his Nobility of their Lives If there was any such Massacre it seems rather to have been done in the day time by Assemblies of the People called together under pretence of Muster or some other publick business which might be an unsuspected cause of their meeting Edric Ib. A. D. 107. Hoveden Anno codem Malmsbur l. 2. c. 10. What he was His abominable Treason massacred Hen. Hunt fol. 206. a. n. 50. A. D. 1002. Who says in his Youth he received ' this Story from very antient People which was attempted and they were all killed and destroyed accordingly In this Massacre amongst the rest Lady Gunhild Sister to Swane King of Danemarke who after she came hither received Christianity with her Husband Palingus and was pledge for the Danes observing the Peace was by the fury of (o) One whom Ethelred had from mean degree advanced to be Earl or Duke of Mercia and given him in Marriage his Daughter Edgith he was called Sheen from his unsatisfied Avarice he was vastly Rich not by Nobility or Birth but made so by his Tongue and Impudence he was Crafty to Dissemble Cunning to Invent under pretence of Fidelity he dived into the King's Councils and discovered them as a Traytor being sent to treat of Peace he encouraged the King's Enemies to War Ever when he saw Ethelred or his Son Edmund had any considerable advantage he by some trick or other diverted them from the use of it he was sometimes on one side sometimes on the other where he could get the best Plunder and most Money Edric Earl Godwin's Fathers Brother Gunhild Sister to Swane King of Danemarke massacred De gest R. R. l. 2. c. 10. says Malmsbury barbarously murthered The News of this Bloody Tragedy moves the Danes to revenge and the year following King Swane with a mighty Navy invades England by the experience of his former Invasions and Descents there he well enough understood what advantage he could make of the English He invades England with a mighty Navy Presently over-runs a great part of the Country And useth great Cruelty presently overran a great part of the Country his Sword made no more difference between Ages Sexes and Conditions of People than the Fire did of Houses or their Materials the Cruelty and Violence of one killing and the Fury of the other destroying all it met with By Ethelred's command Hen. Huntingd. A. D. 100â— Every 310 Hides of Land to set forth a Ship and every nine Hides a Soldier Hoveden in that year This Preparation came to nothing Ibidem Lord-Danes Lurdan whence The Danish Massacre suspitious To obviate these dreadful Miseries and frequent Invasions Ethelred commanded that every 310 Hides of Land should set forth a Ship and so proportionably for a greater or lesser Quantity and every nine Hides a compleat Arms or Soldier but this great Preparation by ill management and storms came to nothing eighty of the Ships at one time being wracked by ill weather The next year came another Fleet of Danes under the leading of Turkill Ethelred Danes Swane Cnute A. D. 1013. and soon after a second under the Conduct of Heningus and Anlaf all Danish Princes the former whereof in the year 1012. was with 45 Ships sworn to serve Ethelred Two Fleets of Danes arrive under the Conduct of Turkill Anlaf and Hemingus Turkill with 45 Ships takes Service under Ethelred The People submit to Swane Emma with her Children departs into Normandy Ethâ—lred follows them Hen. Hunt A. D. 1013. Swane imposeth a great Tribute upon the People Hoveden Anno eodem Turkill doth the same Hunting A. D. 1014. Swane dies suddenly Ibidem Cnute made King by the Danes The English recall Ethelred he finding them Food and Rayment Swane proceeding victoriously almost where-ever he came received the submission of the People and Emma Queen to King Ethelred with her two Sons Edward and Alfred went into Normandy to her Brother Richard Duke thereof and after Christmass in the same year Ethelred followed them thither from the Isle of Wight all the People esteeming and receiving Swane for their King whom he commanded through England to make great Provisions for his Navy and to pay almost an intolerable (p) This was very heavy without doubt for in one year which must be this Ingulph Hist 506. b. 507. a. The Abbey of Croyland paid 2000 Marks in one year to Swane the Abbey of Croyland alone paid 2000 Marks to Swane besides several years before it paid to Ethelred 400 Marks a year and 200 l. for building of Ships Ingulph says this was A. D. 1018. when as others say Swane died A. D. 1014. therefore it was Cnute or the other Historians were mistaken in their Chronology Tribute In like manner Turkill sent out his commands every where the like should be paid to his Fleet that lay at Greenwich Swane thus obtaining the Throne of England in the beginning of his Reign died suddenly After his Death the Danish Army and Danes make Cnute his Son their King and the English upon condition of his better Government send to Ethelred to return out of Normandy who sending for his Son Edward with promise of doing all things worthy of himself as King and the English People came himself soon after and was ioyfully received of the whole English Nation Cnute lay then at Gainsborough to whom the People of Northumberland and Lindsey in Lincolnshire submitted into the latter of which Ethelred hearing of their submission marched and destroyed it with Fire and Sword Cnute troubled that for his sake the Country should suffer sailed to Sandwich where he left the Hostages given to his Father Cnute departs and returns with 160 Ships Ib. A. D. 1016. Edric betrays Ethelred first cutting off their Hands and Noses and so departs yet in as short a time as might be returns again
with one Maid only sent her to the Nunnery of Warewell to be kept there by the Abbess [3.] Ingulph Hist 510. b. William Duke of Normanâ—y comes into England An. Dom. About this time William Duke of Normandy with a great train of Followers coming into England was honourably entertained by Edward and had many of the Cities and Castles shewn unto him although at that time there was no discourse of Succession between them after some time spent liere being richly presented he returned home Emme the Mother of Edward died and was buried at Winchester A. D. 1052. Emme King Edward's Mother dies She undergoes Fire-Ordale See the Glossary in the word The Crimes objected to her Godwin in the Life of Robert Archbishop confutes this Story and argues it of falshood p. 80. and makes it appear idle who for all her great Vertues escaped not the Malice of her Enemies although she either fortunately or miraculously if the Story be true escaped burning by Fire-Ordale Her chief Enemy was Robert Archbishop of Canterbury the Crimes objected were her consenting to the death of her Son Alfred that she had a greater affection for her Danish than English Children and Incontinency with Alwine Bishop of Winchester but having blindfolded and barefooted passed and stepped over and between nine Plough-shares red hot without hurt or burning not touching any of them in the presence of her Son and many of his Peers by her thankful and humble demeanor toward God and the World she recovered the good opinion of King and People [4.] Sim. Dunel A. D. 1052. Godwin and his Sons infest the Coasts and come up the Thames And draw together a Land-Army The K. marched towards them with his Army During their Exile Godwin and his Sons much infested the Coasts of England in the West and South at last Harold joyning with his Father came up the Thames toward London with their Fleet where a Land Army of Londoners and Country-men out of their several Earldoms met them at Southwark which by their Agents and Emissaries under many fair Pretences and Suggestions they had drawn together the King being then in London marched and advanced his Army and Fleet against Godwin's the Fleets being placed on the contrary sides of the River and the Armies on the contrary Banks the chief men on both Parties being English had no great Stomachs to fight one against the other but rather thought it more Prudence to mediate between the King and Godwin The Differences composed without Battle Eadmen fol. 4. which they did and brought them to an accommodation But the King suspecting Godwin's Subtilty and Instability would not consent to Peace before Wulnoth the Son of Godwin and Hacun the Son of Swane were delivered Hostages for his good behaviour to William Duke of Normandy Godwin and his Sons restored and then he and his Sons were restored to all their former Rights and Enjoyments except Swane who troubled in Conscience for the Murther of his Kinsman Beorn went to Jerusalem Bare-foot and in his return died Edward also received his Queen Edith Godwin's Daughter in the same Dignity she was before This done the Normans who had given the King ill Council and under his Authority done many unjust things [5.] John â—rompâ—on Robert Archbishop of Canterbury The Normans banisâ—â—d William Bishop of London Vls of Dorcester c. were banished the Realm [6] Bâ—pt col â—4â— A. D. â—0â—3 Edw. Con â—â— Robert Archbishop died beyond Sea but William for his excellent goodness a little while after was recalled from banishment and restored to his Bishoprick Soon after Earl [7.] Sim. Dunelm A. D. 1053. Godwin diâ—s Eadmer fol. 4. Fol. 510. b. n. 30 40 Godwin sitting with the King at Table taken Speechâ—ess sunk down suddenly in his seat as dead his three Sons Harold Tosti and Girth carrying him into the King's Chamber in hopes he might revive but the fifth day after he died By Ingulph and others 't is storied that Edward as he sat at Table reproving him for the death of his Brother Alfred he took a Morsel and wished it might choak him if he were guilty with which endeavouring to swallow it he was choaked And his 8. Earldom of Kent and West-Saxony was given to his Son Harold and his to Algar Son of Leoâ—ric Macbeth vanquished by Siward Earl of Northumbâ—r Siward the stout Earl of Northumberland by the King's order made an Expedition into Scotland vanquished the Tyrant [9.] Sim. Dunelm A. D. 1054. Macbeth and made Malcolme Son to the King of Cumberland King of Scotland within two years after this great action Siward dies and Tosti Brother to Harold was made Earl of [1.] Ingulph ut sup A. D. 1056. Earl Algar banished recovers his Earldom by assitance of Griff. King of Wales Northumberland About this time Earl Algan was banished without a cause but invading England with the assistance of Griffin King of Wales he was restored to the King's favour [2.] Sim. Dunelm A. D. 1057. Edward first Son of Edmund Ironsides sent for into Hungary A. D. 1058. Ingulph Hist 511. a. Algar is banished and again recovers his Earldom King Edward now sent into Hungary for his Nephew Edward Son to Edmund Ironside who as he was right Heir to the Crown so he intended to make him his Successor but he died not long after he came into England in this year good old Leoâ—ric commonly stiled Earl of Leicester but indeed Earl of Mercia died a wise and prudent man and Algar his Son succeeded him in his Earldom whom Edward banished the second time but again by the aid of Griffin and a Fleet from Norway by force recovered his Earldom in the year following he dies and leaves Edwin and Morear his Sons [3.] Sim. Dun. A. D. 1063. 1064. Ingulph A. D. 1063. Griffin King of Wales overcome by Harold The Welch under the conduct of Griffin their King invade and harass those parts of England next Wales but vanquished and overcome by Harold and his Brother Tosti at the King's appointment they submit and promise to pay Tribute depose and kill their King [4.] Ingulph A. D. 1065. Fol. 511. b. n. 30. Edward gives Wales to Griffin's Brother's Blechgent and Rithwalan who swore Fidelity to him by Harold his Representative promising all ready Service by Sea and Land and to pay whatever used to be paid to the Kings of England Tosti returning into Northumberland which was then accounted all that part of England beyond Humber Northwards used the People severely and [5.] Sim. Dun. A. D. 1069. The Northumbrians Tumult against Tosti Harold sent to appease them imposed high and grievous Taxes upon them committing many Out-rages the People run to Arms beset his Palace kill his Souldiers and Servants Plunder it and force him to fly for his life thus urged by danger and Tumult Tosti Petitions the King to send his Brother Harold and others to hear
Court and if neither then he himself would do it There needs no more Instances in a matter so apparent and that never was disputed or denied That for many Kings Reigns Trials for considerable Estates in Lands Debts * Bacon's use of the Law c. p. 37. under fourty Pounds value and almost all Controversies were had in the Court Baron Hundred or County Courts [7.] Old Natur. Brev. fol. 2. Glan l. 12. c 6. The Writ of Right was always brought first in the Lords Court of whom the Land held [8.] Ib cap. 7. Writ of Right first brought in the Lords Court c. and could not be taken from thence into the County unless it were proved that the Lord failed in doing right and without such proof if they were removed the Lord might resume them and pass Judgment in his Court where both the Demandant and Tenent agreed the Land in question to hold of the same Lord. [9.] Ib cap. 8. lib. 3. cap. 7. But if they claimed to hold of diverse Lords the Case was then judged in the Court of the chief Lord or the County Court in the presence of the Lords they claimed to hold of who were summoned to be present at the Trial. * Glan lib. 9. c. 8 9 10. The Lord of a Manner his Right and Power over his Tenents The Lord also of a Manner by his own Right without the King 's or his chief Justiciaries Precept had Power by the Judgment of his Court that is by the Presentment or Verdict of his Tenents or Suitors to distrain his Tenents by their Goods or Lands if need were for his reasonable Aids Reliefs Services and Customs * Ibidem But if the Lord were not powerful enough to do himself Right against his Tenent in his own Court then he had a Writ directed to the Sheriff to do him right in the County before whom if the Lord proved his Relief Services c. to be his right the Tenent was not only forced to pay them to his Lord but was also fined to the Sheriff more or less according to the Custom of the County And as before the Conquest Controversies between People of the same Jurisdiction how all matters between Persons under the same Jurisdiction were triable in the same as all Actions of Debt Trespass Detinue c. * Dugd. Orig. Jurid fol. 29 31 c. Spelm. Gloss verb. comit fol. 143. Bract. l. 3. c. 7. And where they were tried were determined in every Decury Tithing or Township between those of the same Tithing Decury or Township But if the Parties litigant were of divers Townships then the Controversie was determined in the Hundred if they were of divers Hundreds then in the Trihing Lath or County * Bracton l. 3. cap. 7. Controversies between men of different Jurisdictions when and where tried Suitors to the several Courts bound to appear under great Mulcts where the Sheriff was Justiciary And perhaps if they were of divers Counties then they had right done them in the King's Court. So it was for Persons within the Jurisdiction of the same Mannor Hundred or County but if they were under the Jurisdiction of several Lords Hundreds or Counties their Differences were determined by a Superior Court whether it were the Court of the chief Lord Sheriff or King And for the more certain doing of Justice and Right all the Suitors within the Jurisdiction of the several Courts especially those of the Hundred and County Court [7.] Spâ—lm Gloss 303. c. 1 Doomesd Tit. Cestreshire in Derby hund claus 3. H. 3. in dorso in 13. claus 9. H 3. m. 11. in doâ—so were bound to appear under Forfeitures (*) [7.] Doomes Tit. Cestreshire Derby Hund. The Punishment of such as went not to the Shire and hund Motes Such as went not to the Scire mote or County Court without reasonable excuse forfeited ten Shillings which was more than ten pound at this time Nor went to the Assembly of the Hundred when commanded lost five shillings great Mulcts and Penalties that there might be some present of the Neighbourhood or same Parish who did know the Land and things in question and who had been possessed of it and for what time And to this purpose in an Assize if [8.] Glanv l 2. cap. 1. Grand Custom c. 93. c. 113. none of the Jurors (x) Milites [8.] Spel. Gloss in verbo who though according to the notion of our times they were no Knights yet they were of the better sort of People in the Country and of the best Reputation such as held by Knights or Military-Service knew the Right it self or truth of the Matter and it were testified to the Court upon Oath recourse was then had to others until such were found who did know the truth but if some of them did know the truth and others not those that knew it not were set aside and others called into the Court until twelve at the least should be found to agree therein [9.] Ibidem Twelve at least ought to know the Thing in question Also if some of them did speak for one of the Litigants and some for the other there were more added to them until twelve at least did agree on one side and every of them was to swear being called thereto that they should not say falsly nor knowingly forbear to speak the truth [1.] Glanv l. 2. c. 17. and Grand Custom c. 113. By their own proper view and hearing And further that such as were sworn might have the better understanding of the matter it was required that by their own proper view or hearing they have had knowledge of the thing in question And by [2.] Cap. 12. Magna Charta it appears that the Assizes or Trials of (y) [9.] Nometh in Assize of Novel Disseisin Mort. de Ancester what Where one was lately disseized or dispossessed of his Lands or Tenements Rent Office c. Novel Disseisin and (z) [1.] Ib. in Assize de Mort. de Ancester Where Father Mother Brother Sister c. died seized or possessed of Lands Tenements c. and a Stranger according to the Law Phrase abateth that is entereth upon them before the Heir takes Possession Mort D'ancester were only to be taken in their (a) As in Normandy in their proper Balliages or Bayliwicks which were answerable to our Counties before the Bayliff who was Judge of the Assize there Grand Custom c. 93 98. proper Counties and by Justices sent by the King and the (b) This way of trying Titles by Juries or something very like it was used upon the making the general [2.] Selden in praef ad Eadmer fol. 15. Doomesd Tit. clamores in Sudtreding c Survey of England in the time of William the Conqueror and not only so but about that time viz. about the year 1077 or 1078. There seems to have been [3.] Ingulph
that place and that Bishoprick followed 1099. by [8.] Order vit fol. 786. c. Ranulph Flambard [9.] Godw. de praes p. 109. Chaplain sometimes to Maurice Bishop of London a Norman likewise in the Reign of Henry the First [1.] M. Paris fol. 204. n. 10. fol. 629. c. Hugo de Bocland a Norman in the year of our Lord 1100. was Justiciary Next was Radulph [2.] Ord. vit f. 629. c. 465. c. Basset a [3.] Ib f. 905. D. 906. A. Norman After him his Son Richard Basset [4.] Ibidem was Justiciary And then Roger [5.] Godw. de praes fol. 389. who had been a Curate of a Church in the Suburbs of Caen in Normandy for a small Sallery by Henry the First made Bishop of Salisbury [6.] Order vit fol. 919. c. And during his Life whether the King was in England or Normandy he presided over all England and was Justiciary and Chancellor as says [7.] Fol. 91. a lin 4. fol. 104. b. n. 10. Malmsbury who lived [8.] Ibid. fol. 99 b. n. 10. in his time In the time of King Stephen [9.] Hov. 1153 f. 2â—1 a. n. 20. Henry Duke of Normandy afterwards King of England by the Title of Henry the Second was in this Office In the Reign of Henry the Second Robert de Bello-monte Earl of Leicester before-mentioned a Norman was Justiciary 1168. before him [1.] M. Paris fol. 77. n. 50. Alberic de Vere a Norman Earl of Guisnes and much exercised in variety of Causes is said to be Justiciary of England And after Robert Earl of Leicester [2.] Hov. f. 293 b. n. 30. who died Anno Dom. 1168. [3.] Ib. f. 337. a. n. 20. Richard de Lucie was made Justiciary of England who in the year 1179. leaving that Office and all Secular Employments was made Canon Regular in the Abbey of Lesnes which he had founded I find not directly that this Richard was a Norman but 't is probable he was so by his Name and for that King Henry the First gave him the Mannor of [4.] Dugd. Baron fol. 562. Disce in Norfolk either for his Service or as his Inheritance which was a Boon too great for an English man in those times and for that he was also Governour of [5.] Ibidem Falais in Normandy for Stephani and defended it stoutly against Geofrey Duke of Anjou He was a great Instrument in making the accord between Stephen and Henry the Second and was by this last King in the eighth of his Reign advanced to this high Office After him in the year 1180. [6.] Hov. f. 342 b. n. 30. Ranulph de Glanvil that Famous Lawyer was constituted Justiciary of all England who by his name was certainly of Norman Extraction (*) Gulielmus de Glandivilla was Dean and Archdeacon of Lisieux in the year 1077. although as Sir [7.] In Epist to the eighth Report Edward Coke saith he himself was born at Stratford in Suffolk It also appears by the [8.] Ibidem He was a Norman vid. Dugd. Baronage vol. 1. fol. 423. c. 2. names of their Husbands that he married three Daughters unto three Normans which adds to the presumption that he was so himself After him Hugo de Putaceo commonly called Pusus Putac or Pudsey a Norman [9.] Godw. in praes Dunelm Nephew to King Stephen by his Sister was made [1.] Hov. 1190 fol. 378. b. n. 40. Justiciary in the North parts beyond Trent and William de Longo-Campo or Long-Champ Bishop of Ely was at the [2.] Ibidem same time by Richard the First made Justiciary on the South parts on this side Trent [3.] Ib. fol. 400. a. n. 10 20 30. He transacted all the Affairs of the Nation while he was Justiciary yet [4.] Ib f. 401. a. n. 30. understood not the English Tongue Then after the Deprivation of William Bishop of Ely [5.] Ib. 399. b. n. 40 50. Walter Archbishop of Roven in Normandy was made Justiciary of all England And many of their Successors were Normans or descended from Normans At the same time with these Justiciaries the Chancellors and Keepers of the Seal were also Normans Maurice [6.] Godw. de pres p. 233. Malms f. 134. b. n. 50. the Conqueror's Chaplain Bishop of London and Chancellor Osmundus [7.] Godw. de praes p. 389. born in Normandy and Governor of the City of Sees there came into England with the Conqueror and was Bishop of Salisbury and Chancellor Herfastus [8.] Malmsb. 1â—8 a. lin 2.5 a Norman Chaplain to William the Conqueror Bishop of Helmam then of Thetford and [9.] Spelm. Gloss fol. â—09 Chancellor William Giffard Bishop of Winton Robert Bloet Bishop of Lincoln Roger Bishop of Salisbury before-mentioned Galfrid called Rufus Bishop of Duresm Alexander Bishop of Lincoln [1.] Ord. vit fol. 919. D. Nephew to Roger Bishop of Salisbury Roger [2.] Ibidem (h) Rogerius Pauper was Son to the Bishop of Salisbury by Maud of Ramesbury his Harlot Son to that Bishop called [3.] Ibidem fol. 920. A. Pauper and may others who were successively [4.] Dugd. Chron. series fol. 1 2 3. Spelm. Glossary f. 109 110 c. The Chancellor his Office in Elder times Chancellors were all Normans Of what Power and Authority the Chancellor was in these Elder times or what his Office is not easily made out the reading allowing and perhaps dictating Royal Grants Charters Writs c. keeping and affixing the King's Seal to them as the Learned [5.] Gloss fol. 106 107. Sir Henry Spelman thought and many also be gathered from Mr. Dugdale's [6.] Origin Jurid fol. 37. Ord. vit f. 55. A Order vit fol. 920. A. discourse of the Chancery was the greatest part of their trust and imployment and that he had no causes pleaded before him until the time of [7.] Spelm. Gloss â—ol 107. Edward the Third and those not many till the Reign of [8.] Orig. Jur. fol. 37. Henry the Fourth nor are there any Decrees to be found in Chancery before the [9.] Ibidem The Justiciary above the Chancellor and next the King Twentieth of Henry the Sixth be his Power and Office what it would then it was less than that of the Justiciary who was next to the King in place of Judicature by his Office he presided in the Exchequer the Chancellor sitting on his left hand as [2.] Scaccarii observ lib. 1. c. 4 5. Gervase of Tilbury tells us and by his Office after the King was the first man in the Kingdom and that under his own Teste he could cause the Kings Writ to be made out to deliver what Sum he would out of the Exchequer The Chancellor was the first [3.] Ibid. c. 6 in order on the left hand of the Justiciary and as he was a great Person in Court so he was in the Exchequer for no great thing
passed but with his consent and advise that is nothing could be Sealed without his allowance or privity as it there appears But the Justiciary surmounted him and all others in his Authority and he [4.] Spelm. Gloss f. l. 331. alone was indowed with and exercised all the Power which afterwards was executed by the four Chief Judges that is the Chief Justice of the Kings-Bench the Chief Justice of Common-Pleas Steph. Segrave Mat. Paris A. D. 1234. Chief Baron of the Exchequer and the Master of the Court of Wards As Sir [5.] Ibidem Henry Spelman makes it out by the Articles exhibited against Hubert de Burgo there cited out of Mat. [6.] Fol. 376. n. 30 40 50. Paris and other Instances [7.] Spâ—lm Gloss ut sup The Barons by right of Dignity in all Cases many others by Right of Tenure and most by Priviledge granted by Chartre were not to be impleaded for their Lands and Tenements but before the King or his Capital Justiciary Some Remains there are to this day There remains somewhat of the Office of the old Justiciary in the Chief Justice of the Kings-Bench of this great Office in the Chief Justice of the Kings-Bench all England as to keeping the Kings Peace and Dignity of the Crown and some other Matters is under his Jurisdiction and therefore is stiled Chief Justice of England This great Officer had his Original from [8.] Spelm. Gloss fol. 332 Normandy and was the same in Power and Office with the ancient (*) From the Teutonick Sehen or Saxon Theon to see videre inspicere scale servus or Minister as it were the chief Minister or Inspector of the Family Major Domus Dapiser Scon. Somn. Gloss in verbo or Seneschallus and so from this great Service and general imployment called Seneschallus Normaniae Seneschal thereof or very like him anciently there was wont says the [9.] C. 10. Grand Customs of Normandy a certain Superior Justice called the Prince his Seneschal to travel and pass through all Normandy The great power of the Justiciary which name we received from Normandy Grand Cust c. 384. he corrected the Delinquence of inferior Justiciaries took care of and secured the Prince his Lands caused to be observed the Rights and Laws of Normandy and rectified what had been less justly done by the Bayliffs and removed them from their Office if he thought it convenient He also inquired into the Vsages and Customs of the Forest and caused them to be observed every three years he passed through and perambulated every part of Normandy and visited every (a) Bayly-wic was a portion of the Dukedom of Normandy Bayly and Balywic what Si inventus saerit in Balliva sua Grand Cust c. 4 answerable to our County having respect to that Province and hence that expression in the King's Suit to the Sheriff of a County or Shire it was greater than a Vicount and contained many of them the Bayliff was an Officer appointed by the Prince and had greater Power and Jurisdiction in greater Causes than the Vicount he was Judge of and had Power to hold Assizes in his Balliage to keep the Peace of the Prince to hold Pleas of the Sword or Crown and had cognizance of Arms and arming the People Bayly-wic and inquired into all the Excesses and Injuries done there by Sub-Justiciaries he likewise took notice of all publick Thieves Rapes Murders Burnings or Fireings of Houses and all other Pleas of the Sword or as we call it the Crown of Treasure digged out of the Earth Mines Wrecks Water-courses changed or not kept High-ways changed or stop'd up c. doing right in all these and many more things there enumerated This great Officer was also General Vice-roy and Guardian of the Kingdom in the Kings absence and sometimes made Peace and War by the advice of the chief Nobility as may be observed in the following History The Determination of this great Office This mighty Office of Justiciary received many gradual Diminutions and at length determined about the [1.] Dugd. Origin Jurid fol. 20. 45 th of Henry the Third there being afterwards a Chief Justice in each Court of Kings-Bench and Common-Pleas appointed [2.] Spel. Gloss fol. 334. men less eminent in Quality not of the highest Nobility or greatest order in the Church without great Alliances in Blood and a numerous Train of Clients and Followers less Popular and so less Factious and more easily to be commanded by the Prince yet more knowing in the Law which by this time was become a [3.] Ibidem very sublime Mystery very intricate and involved Inferior Ministerial Officers all Normans For other inferior Ministerial Officers Earls Vicounts Bayliffs Lords of Hundreds and Maners before whom Titles and Causes of smaller Consequence were tried 't is evident they were all Normans none but they injoying any considerable Lands Liberties or Jurisdiction as must be acknowledged by all that know any thing of the Catalogue of Proprietors in * Append. n. 10 Doomesday Book or have well considered what Gervasius [4.] L. 1. c. 23. Tilburiensis says in his Book de Necessariis Scaccarii observandis to that purpose a Person beyond exception being an Officer in the Exchequer which Court then took notice of all the Estates in England one way or other Nor were the Judges and Lawyers of those times in all probability other than Normans for then they were most if not all [5.] Dugd. Origin Jurid fol. 21. Clergy-men and so were they in Normandy as is manifest by the [6.] C. 9. Grand-Customer where 't is said the Judges are Sage Persons and Authentick which in Court give judgment of those things they have heard as Archbishops Clergy-men Judges and Lawyers in Normandy Bishops Canons of Cathedral Churches and other dignified Persons Abbots Priors and Rectors of Churches famous for their Honesty and Piety and the most of the great Clergy-men in this Nation then as Bishops dignified Persons Abbots Priors c. were Normans William [7.] Hoved. fol. 259. b. n. 30 40. A. D. 1070. depriving very many of the English of their Ecclesiastick Honours and put those of his own Nation into their places as a means to confirm him in his new acquests and 't is not to be doubted but great numbers of the inferior Clergy as well Regular as Secular came over with them who were exercised in the Controversies of the Norman Law for Confirmation whereof there were in the Reign of William Rufus so many of the Clergy Lawyers that [8.] Fol. 69. b. n. 10. All Clerks Pleaders Malmesbury said there was nullus Clericus nisi causidicus No Clerk which was not a Pleader If therefore the Justiciaries Chancellors Earls Sheriffs Lords of Maners such as heard Causes and gave Judgment were Normans if the Lawyers and Pleaders were also Normans the Pleadings and Judgments in their several Courts must of necessity
have been in that Language and the Law also otherwise they had said and done they knew not what especially when the Controversies were determined by Military-men Earls or Counts Sheriffs or Vicounts and Lords of Maners that understood not the English Tongue or when the Chief Justiciary himself was a Military-man as it often happened and understood only the Norman Language For this reason Why all Pleadings were in the French Tongue and no other it was that all Pleadings c. were in the Norman-French until by Act of Parliament in [9.] 36 Edw. 3. c. 15. Edward the Third's time they were appointed to be in the English Tongue but entred and inrolled in Latin save that the ancient Terms in Law might still be retained in that Language as being more apt [1.] Sir John Davis in his Preface to his Irish Reports and significant than in any other which seems to be no obscure Argument That the Laws of this Nation except such as have been altered or introduced by our Kings and great Councils or by Act of Parliament were for the greatest and chiefest part of them the Norman Laws and brought in or instituted by William the Conqueror the Subject next to be treated of 'T is not to be thought No Nation governed meerly by one Law that ever any Nation enjoyed one simple Law by its self pure and unmix'd with some of the Vsages and Customs of other Countries especially such as have been often over-run and conquered which do commonly retain somewhat they received from all their new Masters for Conquerors seldom think their Conquest compleat until they have over-turned the Laws and Customs of the vanquished and established such as they think most effectual to establish themselves Nor hath it been yet heard of that the World or any considerable part of it comprehending many and distinct Nations have been governed meerly by one Law but that every of those Nations have had and do retain at least some of their own Municipal Laws agreeable to their own Customs And so doth this Nation retain some of the Saxon and Danish Customs which do not much differ from the Norman seeing they were (b) Cluverius in his [3.] Lib. 1. Germany contained many Nations Antiqua Germania asserts Germany France Spain and Britain to be one Nation and of one Language viz. Celts And also there affirms that Germany anciently comprehended Danemarke Sweden Norway Finmark the Cimbric Peninsula c. And that all or most of those Nations spake the same Language in a different Dialect Neighbours by Situation had the same Language only differing in Dialect and communicated in many Rites and Usages nay joyntly conquered both this Country and Neustria in France They were not People of one Nation that conquered England and Normandy afterwards called Normandy for they were not intirely Saxons Danes or Norwegians or of one Nation that made these Conquests although their greatest Leaders and the greatest numbers of any one Nation might be such but a mixture of all these and several other People of the North parts of Germany Yet that the bulk and main of our Laws The main of our Laws were Norman Laws or at least very different usages of them were brought hither from Normandy by the Conqueror such as were in use and practice here for some Ages after the Conquest is without question And our Tenures for from whence we received our Tenures and the Manner of holding of Estates in every respect from thence we also received the Customs incident to those Estates as Reliefs Aids Fines Rents or Cens Services c. and likewise the quality of them being most of them Feudal and injoyed under several Military Conditions and Services and of necessary Consequence from thence we must receive the Laws also by which these Tenures and the Customs incident to them were regulated and by which every mans right in such Estates was secured according to the Nature of them See Grand Custom throughout and Scriptor Norm 1037 But from Normandy and brought in by the Conqueror we received most if not all our ancient Tenures and manner of holding and injoying our Lands and Estates as will appear by comparing our ancient Tenures with theirs First concerning Fees the Learned [2.] Gloss fol. 218. col 1 The Servitude of Fees brought in by the Conqueror Sir Henry Spelman tells us William the Conqueror brought over the Servitude of them into England who divided all England amongst his Great Men and Chief Commanders and this he says appears from * See Append. n. â—0 where are the Names of all the Normans in every County to whom all the Lands in England were given Doomesday-book And after that the Bondage of Fees was known in all parts of the Kingdom not heard of before in the Saxon times [4.] Somners Gavel p. 102. Berault on Cust Norman fol. 112. The word Beneficium or Praedium was anciently used for Feodum which was not used in any Nation or Country until about the beginning of the Tenth Century from our Saviour's Incarnation [5.] Dudo Sti. Quint. Decan fol. 34. c. Rex viz. Galliae quoque adjecit donationi quam prius Rolloni donaverat totam Britanniam ut per hoc etiam beneficium efficeret illum sibi fidelissimum Vassallum [6.] In lib. de feud disp c. 5. B Hottoman says beneficium datur propter officium quo verbo demonstratur Feudale officium non nisi militare Bellicum fuisse And so [7.] Dudo ut supra f. 85. A. B Rollo upon his acquest of Normandy after having given a Portion to the Church divided Normandy and measured it out to his Chieftains and (c) A sort of Bondmen or Servi in the Saxons time Not but there were a sort of Bondmen or Villains in the Saxons time they had their Ceorls or Gubures their Rusticks Ploughmen and Servi but here he speaks to and means the manner of Servitude which came from Normandy Vassals [8.] Ib. f. 86. B. and in his old Age he called them together and caused them to put their hands between the hands of his Son William Fees originally Military by Popa to whom he had given his Country and bound them to him by Oath or procured them to swear Fealty to him [9.] F. 1. printed at Râ—ven 1620. Mounsieur Berault upon the Customs of Normandy says the Origin and Antiquity of their Customs was not certain but it was very likely they were the Laws of the Normans that conquered Neustria The Conqueror gave Norman Laws to the English and established there by them and that by the example of Rollo William the Conqueror gave the Laws of Normandy in the Norman Language to the vanquished English [1.] Ibidem yet in the Preface to the Chapter of Fiefs he reports from Coquill upon the Custom of the Nevernois and Du Hailan that they were first heard of in Gallia when the Francs
Burroughs are held by Custom of the Burrough both which we have and ever had here from the Conquest though not perhaps the former in purâ liberâ Elemosynâ as in the Saxon times The Normans also had Fiefs (f) All Services base and ignoble but Military Services These held by Rent or Cens ignoble Services all * Berault fol 112. and Article 158. Services in ancient times being esteemed base and ignoble but Military Services these were not permitted the use of Arms being only allowed the practise of Husbandry and Merchandise Roturiers the same or very like our Soccage Tenure In Soccage And Bordage and Tenure by Bordage which was a drudging (g) Len doibt Scavoir que acune que tien son fief per vil Service c. And ye ought to know that such as hold their Fiefs or Fees in base Service as Roturiers ought not to have a Court of their Tenents of their own Fee such as Bordiers ceux qui servent a sac a somme which do drudging Services carry Sacks and Burdens c. and others which owe Villain Services as to drain Marshes and Moors to Dung or compast Grounds make Hay and do other Villain Services Grand Custom C. 53. In sine servile Tenure and those that held such Lands could neither give sell nor Morgage them See Grand Cust C. 28 29 30 c. with the Gloss Or servile Tenures Gavelkind there also See Berault in many of the Vicounties They had also a Tenure not much unlike our Gavelkind if not the same as appears there c. 26. de portionibus and this Custom is used to this day in several Vicounties of Normandy and in the Vicounte of Baieux where Odo made Earl of Kent by the Conqueror was Bishop Berault fol. 714.715 and might be brought from thence into Kent by him Having thus briefly given an account how men held their Lands and what propriety they had in them about and for some Ages after the Conquest and the Laws by which they were regulated The second Argument I shall make use of to prove that men held their Estates by the Norman Law The Exchequer in England the same with the Norman Exchequer and that it was the chief Law in use here shall be the consideration of the Court of Exchequer which as * Lib. 1. c. 1.4 Gervasius Tilburiensis de Necess Scac. obs a sure Author reports was here from the very Conquest and instituted according to the Patern of that in Normandy and was erected there by Rollo as Revise saith Notes on Grand Cust fol. 8. [2.] Ib. fol. 9. b. The Authority of this Court was so great that no man might contradict a Sentence pronounced here and not only the Law and the Affairs concerning all the great Baronies of England and all such Estates as held in Capite were transacted there but many Laws or Rights were discussed and many Doubts determined which frequently arose from incident questions for the excellent knowledge of the Exchequer consists not in Accounts only but in multiplicity of Judgments Common-Pleas holden in the Exchequer And Common-Pleas were usually held in this Court until the Eight and twentieth of Edward the First it was [3.] Aâ—tic supra cart c. 4. Enacted That no Common-Plea should be henceforth held in the Exchequer contrary to the Form of the great Charter In this Court sate the [4.] Gerv. Till lib. c. 4. What Persons Judges and Assessors in the Exchequer Capital Justiciary the Chancellor Treasurer and as many of the most Discreet greatest and knowing men real Barons whether of the Clergy or Laity as the King pleased to direct The Business of the Court was not only Accounts and what belonged to them but to Decree Right determine doubtful Matters which arose upon incident Questions to hold Common-Pleas Pleas of sundry and divers Natures judged in that Court as before and to judge what chiefly concerned all Capite Lands and the great Baronies of England The great Officers and other great men that sate here were all Normans or of Norman Extraction which probably neither well understood nor spake the English Tongue nor much less had time to learn know or understand the Common-Law of England being then and ever since the Conquest [5.] His Reading de finibus p. 3. Lex non Scripta [6.] Ibidem divinely cast into the heart of Man as Sir Edward Coke affirms unless they received it this way by Inspiration How then could Judgments be made and Sentence given in this Court by any other than the Norman Law By what hath been said it doth in a great measure appear that the English and Norman Laws were the same yet to make it more plain I will add a very brief Abstract of the old Norman Laws out of the old Customs Jurisdiction was either Feudal or Commissory Grand Cust C. 2. A Brief Abstract of the Norman Laws Feudal was that which a man had by reason of his Fee by which he might do Law or Right in Plaints belonging to his Fee and in all Plaints moved against the Residents within his Fee unless such as appertained to the Dutchy i. e. Royal or Pleas of the Sword or Crown Commissory Jurisdiction was such as was committed to any one by the Prince or Lord to whom it belonged as to a Bayliff C. 3. This was the way to do Justice by forcing the Execution of the Law Seneschal or Provost c. the Prince only had a full Jurisdiction of all Lay-Pleas that came before him That is he might if he pleased judge and hear all sorts of Pleas. Alcun Justicie bien ses Hommes Telle Justice est faict per prendre membres ou fien ou Corps Quis bene Justiciat homines suos Such Justice was done by Caption of Goods the Fee or Body and was called Justicement c. 6. forcing of men to do Justice by one of these three ways according to Law C. 4. Justiciers or Justices Justicier sive Justiciarius Nomen accepit eo quod Justiciandi homines habeat potestatem The Justiciary took his name from bringing men to Justice or doing Justice to them The Justiciaries were Superior or Inferior appointed by the Duke to take care of and guard his Country The greater were the Masters of the Exchequer who had power to amend les Torts the Wrongs which the Bayliffs had done Bayliffs what they were in Normandy The Bayliffs were called the less Justices because they had not power to do Justice out of their Bailywicks which were but seven Principal ones in all Normandy The Bayliff had power to do Justice and Right to the People under him to keep the Peace to end or determine Plaints to destroy Thieves Murderers Burners and other Malefactors Plaints were to be carried to the Justices and they were bound to receive them and to take Pledges for Prosecution to assign a day for hearing to keep a Court and to
de Wotton Petrus de Bekeringe Willielmus Hanpel Rogerus Arsic Herb. de Nevill Rob. de Basingham Richardus Ottringham Willielmus fil Drogonis Willielmus de Grimesby Eustachius de Ledenhanc Willielmus de Baiocis Quaesiti dicunt c. From this Plea it may be noted that Knights as well as ordinary Free-men or Free-holders were antiently intended by those words Liberi Legales homines Norff. Placita de Temp. R. Richard primi Anno 7. In an Abridgement of Pleas and Fines Temp. Ric. 1. in a Book with Parchment Covers with the under Chamberlains of the Exchequer Hales MSS. before cited fol. 68. a. in the Writs directed to Sheriffs for summoning of Juries In a great Assize between Mathew de Gurnay Gilbertum Runhale Rogerus de Ho Umfr. de Miliers Thomas filius Willielmi Robertus Baynard quatuor Milites summoniti ad Eligendum duodecim ad faciendum magnam Assizam inter Matheum de Gurnay peten Gilbertum Runhale tenen c. Rot. 10. In the same Assize Milites Electi ad faciendum magnam Assizam inter Gerardum de Rhodes Robertum Marmium peten homines de Sancto Botulfo tenen de Communia c. Rot. b. In an Assize of Darrein Presentment Milites qui fecerunt Inquisitionem Dant unum Palfridum ut Emendare possint Inquisitionem suam de Ecclesia de Beckingham Placita de Term. Sanct. Hillar An. R. Regis Joh. 13. Ibid. fol. 72. a. Norff. Placita Temp. R. Johannis Anno 11. in a Book bound in Russet Leather with the under Chamberlains of the Exchequer fol. 96. a Mat. Paris fol. 539. n. 30. An. D. 1240. 24. Hen. 3. Rot. 12. in Dorso This was a Plea of Darrein Presentment because by King John's Magna Charta such Pleas could not be held before any but the Justices de Banco In an Assize of Sur-demand of Services Milites de vicenet de Thorp summoniti ad faciendum Recognitionem inter Emmam Belet Pet. Et Edam de Thorp tenent de Consuetudinibus Servic quae eadem Emma ab ea exigit de Tenemento quod ipsa tenet de ea in Thorp quia ipsa non cognoscit se ei ea debere unde eadem Eda quae tenens est ponit se in magnam Assizam Domini Regis c. Rot. 4 o in Dorso In the Controversie before mentioned between the Abbat of St. Albans and Galfrid de Childewike c. for Hunting in his Liberty without License they insisting upon it that it was their right to Hunt there the Jury summoned were twelve Knights Duodecim milites accincti gladiis fuerunt Electi in Assiza de Consensu partium c. Mat. Paris recites the whole Plea and Process of the Suit which is worthy to be read and observed * Ib. fol. 538. n. 30. fol. 539. n. 30. The Writ bears date 26. Junii 24 Hen. 3. and the Tryal was the ninth of October following He that will be at the trouble to peruse the Plea Rolls in these elder times which he may find in the keeping of the under Chamberlains of the Exchequer or the Abstracts of them in the Books here cited will see that in all Grand Assizes or Pleas of Right whatever the Jurors were constantly actual Knights or Tenents in Capite or other Military Tenents and likewise in all Pleas that related to Military or Noble Fees as it was in Normandy where though it appears it ought to have been so by the Grand Custumer yet I confess I have but one instance to confirm the Practice of it nor do I know whether they have any such Records of Pleas in these elder times as we have Inquisitio de Regalia Rothomagensi Johannes de pratellis Richardus de Rui Scriptor Norman f. 1656. D. 1057. A. Example of a Tryal by twelve Knights in Normandy Richardus de Villequier Robertus de Fresquines Willielmus de Vivario Reginaldus de Petri villula Robertus de Tiliolo Galfredus de Mesnilio Galterus de Sancto Johanne Willielmus Pantoll Gilbertus de Remfrevilla Adam de Maretot Richardus de Sahors Willelmus de Riparia Milites Jurati dixerunt Quod mortuo Rotberto Rothomagensi Aepo Rex Hainricus cepit Regalia in manu sua posuit custodes suos ad ea custodienda cum autem Galterius de Constantiis qui erat familiaris Regis in Archiepiscopum promoveretur Rex reddidit ea illi sed dixerunt se nescisse utrum reddiderit ei amore quia familiaris ejus erat vel de Jure vel aliquo modo alio After this Abstract made as an Argument of the Similitude at least if not Identity of Norman and English Laws we shall consider their Terms and Vacations or times in which the Laws were practised and forbidden Terms and Vacations which may much add to the discovery of the sameness of them and whence they were derived Grand Cust C. 81. Tit. de Temp◠enquoy loy nest pas faicte See Terms and Vacations in the Glossar In Normandy there were Times wherein the Law ought not to be practised neither simple nor apparent and those were the times in which Marriages could not be celebrated which in a manner were answerable to our present Vacations and were established by the Canon-Law viz. from Advent until the Octaves of or after Epiphany from Septuagesima to the Octaves of Easter and three Weeks before the Nativity of St. John Baptist but these times of Prohibition of Marriages differed according to the Constitutions of several Councils Non [1.] Concil Herdens An. Dom. 524. B. in Concil Tom. 2. f. 628. Sect. 1. oportet à septuagesima usque in Octavas Pascha tribus Hebdomatibus ante festivitatem S. Johannis Baptistae ab adventu Domini usque post Epiphaniam nuptias celebrare quod si factum fuerit seperentur Nullus Christianus [2.] Concil Salegunliadiense A.D. 1022 c. 3. Lab. vol. 11. uxorem ducere debeat ab advetu Domini usque in Octavas Epiphaniae à septuagesima usque in Octavas Paschae nec in quatuordecim dies ante festivitatem S. Johannis Baptistae neque in Jejuniis quatuor Temporum Vt tempora interdicta ad celebrandum nuptias non possunt aliquando ex ignorantia excusare monemus [3.] Concil Ravennate A. D. 1311. Bin. Tom. 3. part 2. fol. 789. Rubr. 19. With these agree the times in which Marriages are prohibited in the Church of England See Concil Saxon. Ephamen in the time of King Ethelred Spel. Concil Tom. 1. fol. 518. c. 18. Con. 2. Instit Westm 1. c. 51. fol. 264. See Cokes 2d Institutes ibid. from Briton c. 53. Decret Greg. 9 lib. 2. Tit. 9. de feriis c. 5. He was placed in the Chair A. D. 1227. omnes Sacerdotes Parochiales maximè quatenus dicta Tempora Dominica ante Adventum Dominica ante Septuagesimam Dominica ante octavam ascentionis Domini studeant publice in Missarum solemniis nuntiare quod
nullus celebret nuptias Temporibus ab Ecclesia interdictis scilicet à prima Dominica de Adventu usque post Epiphaniam à Dominica de Septuagesima usque ad octavam Paschae à tribus diebus ante ascentionem usque octavam Pentecostes Three of our present Vacations are much like these as to time viz. The Vacation after Michaelmas Term the Vacation after Hillary Term and the Vacation after Easter Term which were established by Canon though not every where and in all places according to the same exact time but were in some Countries longer in some shorter though without any great variation The fourth long or autumnal Vacation was made by necessity The Harvest and Vintage where there was one and other autumnal Works being a sufficient cause for the Cessation of Law-business and leaving men free to follow their own Affairs Debet Judicialis strepitus Diebus conquiescere feriatis qui ob reverentiam Dei noscuntur esse statuti licet diebus feriatis Gratia vindemiarum vel messium ob necessitates hominum indulgentur procedi valeant Si de partium processerit voluntate And the gathering in of Harvest and other autumnal business were the chief motives for [4.] Stat. 32. Hen. 8. c. 21. abbreviating our Trinity and Michaelmas Terms the first of them in the end and the [5.] Stat. 17. Car. 1. c. 6. Practice of the Law in Normandy and England alike latter in the beginning We will add here that the practice of the Law in bringing all sorts of Writs of Assize and in Proceedings and Tryals thereupon was very near if not altogether the same both here and in Normandy Save that the Practise here was very much inlarged and lengthened in about two Centuries of years though the original manner of it was not much altered This is evident by the second and third Book of Glanvil from the whole fourth Book of Bracton but more especially the 16 th 17 th 18 th and 19 th Chapters of it and from the whole fourth Book of Fleta who in most things exactly follows Bracton but more particularly in his 5 6 7 8 and 9. Chapters of that Book And if what Justice Fitz-Herbert in the Preface to his Natura Brevium says and Sir Edward Coke in the Preface to his eighth part of his Reports and upon Littleton Sect. 101. fol. 73. b. be allowed as I think it is generally that original Writs are the Foundations upon which the Law dependeth and truly called the Principles of the Law then certainly the Foundations and Principles of ours and the Norman Laws are very little if any thing at all different This is what may be affirmed from greater reason than usually either Historians or Lawyers upon these Topicks bring for assuring any thing they assert But Sir Edward Coke in his Preface to the third part of his Reports observes and asserts from William de Rovil a Commentator upon this Treatise which he expounds mostly by the feudal and imperial Law in his Preface to it where he says from the History called Chronica Chronicorum The Customs of Normandy not from Edward the Confessor that our Edward the Confessor was the maker or giver of these Customs to Normandy But let us observe the Authority of this Historian for immediately after Rovill delivers from him for as great a truth and to be believed upon the same Terms that the Conqueror was not only Testamentary Heir by Donation of Edward the Confessor but also next Heir by blood to the Kingdom of England by his Wife Maud the Daughter of Baldwin Earl of Flanders and Neece of Edward the Confessor which was never heard from any other Author and therefore he may well be thought singular in one as well as the other nay idle and not to be believed And therefore all the Judges of Ireland passed by this Story as a surmize only in their Argument upon the case of Tenures fol. 36. But though Sir Edward lays a great stress upon this Author there yet he himself is of another opinion in another [6.] Reading de finibus p. 3. and Preface to his third Book of Reports A fond Assertion of Sir Edward Coke place viz. that the Conqueror found the Customs and Laws contained in the Grand Customer here and that from hence he carried them into Normandy For says he there if the Normans have any Laws that do resemble the Laws of England out of doubt when the Conqueror had subdued this Kingdom perceiving the equity and excellency of the Laws of England never attempted [7.] See what I have said before The Laws of England were by the Conqueror carried into Normandy to alter or change the same but to the end his Country men the Normans might know the Laws of England under which from thenceforth he resolved they should live And therefore for their benefit and safety he caused some of the Laws and Ordinances of England to be written in the Normand Tongue and afterwards seeing and well perceiving the happy success where such Laws were observed abolished his old Laws out of Normandy and established part of our English Laws there And it cannot be truly said that the [8.] Ibidem English Laws are in the Norman Tongue for the Laws of England are Leges non scriptae but divinely cast into the hearts of men and built upon the immovable Rock of Reason This Assertion is groundless This assertion is so groundless and precarious it deserves no Confutation it hath no Authority or Testimony nor other reason than his own Fancy to support it For it would have been a greater difficulty than the Conquest of England to have imposed the English Laws upon so stubborn a People as the Normans were especially at that time when the Conqueror had much to do to keep them in subjection nay Traditions and the mutable and various Constructions of them in stead of a Law if the Common Law of England as it is generally affirmed by the great men of the long robe was Lex non scripta The English Law Lex non scripta More excellent than Acts of Parliament c And learnt by Tradition especially by Sir John Davis in his Preface to his Irish Reports where he contends and often avers That the Common Law of England is Jus non scriptum and more excellent than our written Laws namely Statutes or Acts of Parliament Also that it is a peculiar invention of this Nation and delivered over from Age to Age by Tradition nay that it is a Tradition and learned by Tradition as well as by Books which makes me wonder how the Normans learnt it so quickly as to be Judges of it and judge Causes by it immediately upon the Conquest when 't is probable they understood not the English Tongue it may be it was divinely cast into their hearts and they understood it by Revelation But to return a little to the whimsey of Rovill in his Preface to the
Grand Customer no Body that considers what [9.] Lib. 2 de Gest Reg. f. 44. b. n. 20 30 c. Malmsbury and other ancient Historians report of the Confessor that he was a weak easie man Edward the Confessor unfit to make Laws not fit for Government will ever believe he could contrive a System of Laws and so adapt them to the Genius and Humour of the Normans that they should quit their own and receive new Laws and Customs from him if it were not almost a Contradiction to call a Custom new I need not say more to satisfie any judicious Person that the Grand Customer of Normandy was the Law of that Country and not made by Edward the Confessor or carried over from hence by the Conqueror and shall therefore leave it with this farther Remark That if any men be more affected with Traditional than written Laws this Book hath that advantage likewise For [1.] Grand Custom 2d part fol. 69. before and after that Charles the Simple gave Normandy to Rollo and his Northern People unto the time of Philip [2.] Ibidem A. D. 1203. or thereabouts the August who caused them first to be put in order and written The Customs contained in it were a [3.] Epistle to the Custom of Normandy collected by George Lambert c. printed at Roven 1588. Cabal Traditional and unwritten for at least 800 years and were imposed upon his Subjects of England by William called the Conqueror But what answer would Sir Edward have made if he had been asked whether William did not also carry our Laws into old Germany for there in Normandy and England were in a great measure the same Laws only the Normans used a more formal and perhaps rigorous and strict method in the Practise and Execution of them which they brought hither From these Observations concerning the Laws in use at and presently after the Conquest I proceed to Authority Proof from Authority that our Laws were not the Norman Laws and undoubted Testimony of such as lived in or near those times for without Authority some men will not be satisfied Eadmer [4.] Hist Novor fol 6. n 10 20 30. writes that William designing to establish in England those Usages and Laws which his Ancestors and he observed in Normandy made such Persons Bishops Abbots and other Principal men through the whole Nation who could not be thought so unworthy as to be guilty of any Reluctancy or Disobedience to them knowing by whom and to what they were raised All Divine and Humane things he ordered at his pleasure and after the Historian hath recounted in what things he disallowed the Authority of the Pope and Archbishop he concludes thus But what he did in Secular Matters I forbear to write because it is not my purpose and also because any one may from what hath been delivered in Divine Matters easily guess what he did in Secular Somewhat also to this purpose Ingulphus [5.] Hist Croyland f. 512. a. b. All Earldoms Places of Honor and Profit given to the Normans informs us that by hard Usage he made the English submit that he gave the Earldoms Baronies Bishopricks and Prelacies of the whole Nation to his Normans and scarce permitted any English man to enjoy any place of Honor Dominion or Power But more express and full to this purpose is the account we have in [6.] De Necessar Scaccarii observ de Murdro in M. S. Calo-Gonvil p. 35. a.b. Gervasius Tilburiensis of the Conqueror's dealing with the Natives more valuable than the Testimony of a hundred others which he thus delivers After the Conquest of the Kingdom and just subjection of Rebels when the King himself and his great men had viewed and surveyed their new Acquests there was a strict enquiry made who there were which fighting against the King had saved themselves by flight From these and the Heirs of such as were slain in Fight all hopes of possessing either Lands or Rents were cut off for they esteemed it a great favor to have the benefit of their Lives But such as were called and urged to fight against William and did not if in process of time they could obtain the favor of their Lords and Masters by an humble obedience and obsequiousness they might possess somewhat in their own Persons without hope of Succession their Children only enjoying it afterward at the will of their Lords to whom afterwards when they became odious they were every where forced from their Possessions nor would any restore what they had taken away When a commune miserable Complaint of the Natives came to the King that they thus exposed and spoiled of all things should be compelled to pass into other Countries at length after Consultation upon these things it was Decreed that what they could by their deserts and lawful bargain obtain from their Lords Perhaps from hence might be the Original of Freeholds or Copyholds of inheritance after the Conquest they should hold by inviolable right but should not claim any thing from the time the Nation was overcome under the Title of Succession or Descent * Ibidem Upon what great Consideration this was done it is manifest when as they were obliged by a studied compliance and obedience to purchase their Lord's favor so therefore whosoever of the conquered People possessed Lands or such like obtained them not as seeming to be their right by Succession but as a reward for their Merits or by some intervening Agreement What I have here delivered upon this subject may probably meet with great prejudice from such especially who have or may read Sir Edward Coke's Prefaces to his third sixth eighth and ninth parts of his Reports his reading upon the Statute of Fines or other parts of his Works Sir John Davis his Preface to his Irish Reports Mr. Nathan Bacon 's Semper Idem The late Learned Lord Chancellors Survey of Hobbs his Leviathan p. 109 110. And many other works of eminent Persons of the long Robe or indeed any of our English Historians and therefore I am necessitated to dwell the longer upon it That I may give all just satisfaction to such as desire to inquire into the validity of their Arguments and Authorities by which they would perswade The Arguments used to prove the Common Law of England was not the Norman Law nay convince the World that the Common Law and Customs in use and practice in their times were the same that were in the Saxon times and never altered or changed by the Conqueror And beyond them all [7.] Epistle to the sixth part of his Reports Sir Edward Coke concurs in opinion with Sir John Fortescue that this Nation in the time of the Romans Saxons Danes and Normans was ruled by the same Laws and Customs and that they were not changed by any of these People which he [8.] In Preface to the eighth part of the Reports affirms he hath proved by many
unanswerable Arguments in the Preface to the third part of his Reports These Arguments are drawn from two Heads Record as he calls it and History But all the Record I find cited to that purpose in this Preface to the third part of his Reports is a Writ of Novel Disseisin out of Glanvil [9.] Lib. 13. c. 33. l. 4. c. 16. n. 2. and Bracton in this form Rex Vicecomiti Salutem Quaestus est nobis A. quod B. injuste sine judicio disseisivit eum de libero Tenemento suo in E. c. ideo tibi praecipimus quod si praedictus A. fecerit te securum de clamore suo prosequendo tum facias Tenementum illud reseisire de Catallis quae in ipso capt fuer ipsum Tenementum cum Catallis esse in pace usque ad primam Assizam cum Justiciarii in partes illas venerint interea facias 12. liberos legales homines de viceneto illo videre tenementum illud nomina eorum imbreviari From this Writ in Glanvil who was made [1.] Hoved. fol. 342. b. n. 30 chief Justice of all England 1180. by King Henry the Second one hundred and six years after the Conquest Preface to his third Book of Reports he collects four things how I know not first that before the Conquest time out of mind there were Sheriffs in England which though I think is not to be collected from this Writ is readily granted to him there were such Officers Sciremen Sciregerevs or Aldermani who had the government of the County held Courts and were Judges in them yet perhaps not altogether the same with the Sheriffs in the Norman or our times Secondly That all that time there were Juries of twelve men This also may be granted him though I see not how it will be inforced from this Writ nor proved any other way Twelve men mentioned in the Saxon Laws were Assessors for the twelve men or Jurors mentioned in the Saxon Laws were Assessors and had their share in giving Judgment as appears by the Text it self Thirdly That all that while there were original Writs and Writs of Assize which are the Rules and Principles of the Commune Law of England and therefore that Law was before the Conquest and received no Alteration or change from the Conqueror How this can follow any ways from the consideration of this Writ it doth not appear to me The Forms of our ancient Writs in the Grand Customer of Normandy And further the very forms of most of our ancient Writs are to be found in the Grand Customer of Normandy as hath been shewn which makes it very probable that they were not used here until the Entry of the Normans And with this accords Mr. Lambard in his [2.] P. 64 65. The Saxons Proceeding in Judgment was de Plano without Writs c. Manitio according to the Saxon way in Germany Archion where he says that the Saxons proceeding in Judgment was de Plano without Solemnity and therefore so far as he could observe they did not use to call the Parties by any Writ or writing but to send for them by certain Messengers which they termed Theies perhaps rather Theows or Thegens that is Ministers or Servants and if it had been otherwise that there had been the same Forms of Writs and the same Formality in Law Proceedings before the Conquest as after and at this day they would have been found in Books somewhere reserved in one Monastery or other or they would have been delivered from one to another and preserved by Tradition as well as the very Commune Laws and Customs themselves which were Jus non scriptum as all the Patrons of the Antiquity of our Law affirms [3.] Ibidem And when that manner of Summoning by Writ was brought in here yet was not the Sealing of them forthwith committed only to the Chancellor for you may see in Glanvill's Book that some original Writs of his time had this Form * Glan l. 1. c. 6. Writs sealed by the Chief Justice See also Hoved. fol 445. b. n 10. For Writs in Grand Assize issued by the Justiciary Teste Ranulpho de Glanvilla who was then Chief Justice under whose Sealing the Writs passed which takes off and fully answers his fourth and last Observation or Consequence he would draw from this Writ which is that before the Conquest there was a Court of Chancery because in his time original Writs did all issue from thence and from no other Court and were sealed there And further it appears by what hath been said in the first part of the Saxon History that in those times where the Law was too severe and rigorous all Appellants from it for Equity or where they had not Justice done them in their County Courts found relief in the King's Court which was the only Court of Appeal according to the second of [4.] Lamb. fol. 63. The Normans that wrote after the Conquest called and expressed many of the Saxon Officers and things by Norman names and words Edgar's Laws The rest of his Infallible Arguments in this Preface are from Words and Phrases found in old Charters of Liberties and the like pieces of Antiquity as Vicecomes Hundredus Servitium Regis Redditiones Socharum c. from which he would infer the existence of the Commune Laws of England before the Conquest as they were in his time because then these words were also used in our Laws Particular Liberties and enjoyment of many Customs there were certainly very many granted by our Saxon Kings to many Persons and Places and in some sort continued to them by the Conqueror which yet were but Liberties particular Particular Liberties not the Common Law of a Nation and not the Commune Law of the Nation for had it been they might of Commune Right have claimed it without special Grant seeing it was always the practice of all Nations to allow the People the use and benefit of their clear and known Laws The Laws of Engl. proved from the Terms to be rather from the Normans than Saxons And if there were any cogency from these Words and Terms used here in the Law both before and since the Conquest to prove the Identity of it in those times the Argument would be ten times more forcible from such terms of the Law as were not found here before the Conquest nor perhaps for some time after Norman Law Terms to prove that our Law was the Norman Law such as are Fee-simple Fee-Farm Franc-Fee Grand and Petit Sergeanty Escuage Burgage Villenage Assize Mort D'ancestor Novel Disseisin Court Vice-Comes Consuetudo Custuma and a great number more in the Book of Tenures and elsewhere obvious which Mr. Somner [5.] P. 104. sayes in his Gavelkind and every one knows are all of the Norman Plantation and we by the Normans brought acquainted with them and indeed from them we had very near all our Law Terms and
506. C. power well others wanting all modesty immeasurably oppressed such as were under them [7.] Ibid. Gul. Pict 209. B. He takes the Chief English Noblemen as Hostages with him To leave all safe behind him he carried over as Hostages Arch-Bishop Stigand Agelnoth Abbat of Glastonbury the three Earls Edwin Morchar and Waltheof (f) * Fol. 506. C. Ordericus Strapa Cantuariensis the Governor Earl or Lieutenant of Canterbury or Kent Hoveden somewhere calls him Regis Haraldi Stallarius Master of the Horse or Standard-Bearer to Harald Egelnod and others of the highest and chiefest Nobility and Bishops [8.] Gul. Pict 211. C. D. And keeps his Easter or Triumphal Feast at Fecamp An. Do. 1067. The Beauty of the English envied The rich Habits of the Conqueror and his Guards The Feast of Easter he Celebrated at (g) Now Fischamp or Fecamp in Caux upon the Coast of Normandy between Havre de Grace and Diepe Fiscann Abby dedicated to the Holy Trinity whither came the great Earl Rodulph Father in Law to the King of France and much French Nobility who with the Normans curiously viewing the English envied their Beauties which were not inferior to the Grace and Comeliness of Women and observing the Garb of the King and his Guards so richly embroidered with Gold they esteemed all the Habits of Men they had ever seen before vile and mean in respect of them they also admired the Silver and Gold Vessels concerning the number largeness and gracefulness of which incredible things might truly have been reported [9.] Ibid. 212. A. B C.D. The two Vicegerents behave themselves justly In the mean while things were very well ordered in the Refectures or several Governments of Odo Bishop of Baieux and William Fitz-Osbern who acted severally or jointly assisting each other as occasion required and used great Justice as the King had advised them but the English neither by fear or favour could be kept quiet who taking an opportunity especially they of Kent of the absence of Odo and Hugh Montfort with the greatest part of the Soldiers from Dover beyond the Thames sent to Eustachius Earl of Bulloign Eustachius Earl of Bulloigne and the Kentish-Men attempt Dover Castle and are beaten off or retire then the Kings Enemy and invited him to join with them in the surprizal of Dover Castle he agreed with them in the Design and passed over to them in the dead of the night with a Fleet of chosen Soldiers and joining with them assaulted the Castle but finding the Defendants resolute and more than were expected he drew off retired with his Men to his Ships and departed He is reconciled to the King afterwards he was reconciled to the King and was Honoured as one of the greatest Personages about him About this time (h) He was * Seldens Tit. Hon. Earl of Northumberland Coxo a great and powerful English Earl was killed by his own People Earl Coxo slain by his own Men. for standing firm to William and not Arming against him with his English Friends and Relations [1.] 507. D. 508. A. B. Ordericus Vitalis gives another account of the behaviours of the Normans and the two Vice-gerents who says the English were mightily oppressed by their Pride and Insolencies The English mightily oppressed by the Normans and that the lesser Governors of Castles and Places of Strength did vex and abuse the noble and middle sort of Natives with great Exactions and many Contumelies and especially Odo and William Fitz-Osbern who elated with too much haughtiness Thâ—ir Complaints refused They Consult to regain their Liberty refused to hear the Complaints of the English to do them right and by force defending their own Soldiers spoiling the English and ravishing their Women The English therefore deprived of their Liberty are mightily troubled and consult with one another how they should shake off this Yoke and thus provoked they apply themselves to (i) Besides Bulloinge he was Earl of [1.] Ord. vit 508. D. Guinet and Tarvena Eustachius Earl of Bulloinge c. as in the former Relation [2.] Ibid. 509. B. C. D. Eustachius Earl of Bulloing joyns with them William returns and brings with him Roger Montgomery The Conqueror having settled his Affairs in Normandy left the Government thereof to his Wife Maud and his Son Robert with the assistance of his Bishops and Great Men and hearing of the Contrivances of the English and Danes against him he came to Diepe on the Sixth of December and that night passed over to Winchelsea and brought with him (k) He was Son to Hugh de Monte Gomerico by Jocelius Daughter of Weva Sister to Gunnora and Turolf her Husband he Married Mabil the Daughter and Heir of William de Belesine by whom he had five Sons whereof Robert de Belesino a Castle in Perche succeeded him in his Mothers Inheritance Roger Montgomery whom with his Wife he had left Governor of Normandy upon his Expedition into England to him he gave Chichester and Arundel and some time afterwards the Earldom of Shrewsbury He keeps his Christmass at London Cajoles and flatters the English Nobility and likewise the Welsh He kept his Christmass at London where he Treated the English Bishops and Nobility with much Craft Officiousness and Flattery he granted what they asked and readily heard what they offered to him with the like Art he cajoled the Welsh but withal privately directed the English to be prepared to resist their Crafts and Treacheries all Cities and Countries where he had been and placed Garisons readily obeyed the West and North parts only gave him Disturbance and first [3.] Ibid. 510. A. B. C. D. Exceter stands out against him Exceter refused to Swear Fealty and to admit the Conqueror or his Forces into the City but would have paid Tribute with which he was not satisfied sending to them and letting them know he was not wont to have such Subjects and presently brought his Army before them placing the English in the Front The Chief of those within the City came out to meet him * Gemet lib. 8. c. 37. having notice of his approach desire Peace and promise to do what ever he commanded and presently Hostages for performance are brought such and as many as the King thought fit In the mean time the ordinary Citizens refuse to give up the City whereupon he Commands his Army to move near unto it where before the Gate one of the Hostages by his Order had his Eyes put out then battering the Walls and undermining them they within beg his Pardon and Mercy which he readily gives by the Mediation of the Chief of them and the Clergy who went out to him It submits humbly submitting themselves and confessing the guilt of the People all things were forgotten as if never done The Citizens pardoned and enjoy their Estates and their Goods secured to the Citizens from the Violence of the Soldiers by
into Normandy and by the help of the English he carried with him and some Forces he collected in Normandy he soon reduced it to obedience [3.] Ibidem Col. 208. Malmsb fol. 59. n. 20. Florent Wigor A. D. 1074. The Conspiracies of Ralph Guader In his absence Ralph Waher or Guader (m) Norman Customs brought into England So called from Guader Castle in Brittany Roger de Britolio (n) Bretevill a Seignory in Normandy of that name he was Son to William Fitz-Osbern Lord of Bretevill in Normandy and Earl of Hereford in England and from him it was that the [6.] Domesd Cestrescire Terr Hug. Com. in maner Roelend Atiscros Hundr same Laws and Customs which were observed in Bretevill were also observed and practised in Hereford after the Conquest Earl of Hereford and Waltheof the great Earl of Northumberland meeting at Ixninge near Newmarket on Ralph's Wedding day who Married against the Kings Command Emme Sister to the Earl of Hereford Conspired against William to deprive him of the Kingdom and having raised what Forces they could in their several Counties [4.] Ibidem endeavoured to joyn them but Wulstane Bishop of Worcester having notice thereof got what Strength he could together and hindred the Earl of Hereford for passing Severn with his Army Agelwin Abbat of Evesham Vrso Sheriff of Worcestershire and Walter de Laco a great Baron of Herefordshire coming with what Power they could raise to the Bishops Assistance [5.] Ibidem And as these prevented Earl Roger in his Proceedings so Odo Bishop of Baieux and Galfrid Bishop of Constance with an Army of English and Normans marched against Earl Ralph whom they found encamped near Cambridge He flies and not being able to give them Battle he fled to Norwich and soon after got into Brittany and from thence into Denmark leaving his Forces to the Mercy of their Enemies of whom the Christmass following some were banished some had their Eyes pluckt out others their Hands and Feet cut off Norwich Castle yielded And Norwich Castle being kept by his Countess was a while after rendred and leave given to her to go beyond Sea [6.] Hen. Huntington fol. 211. b. n. 40. In Denmark he prevailed with Canute Son to the King and Hacun a great Earl of that Country to assist him against William he sailed to England with 200 Ships but when they came upon the Coast finding an Army ready to receive them they diverted their Course and Landed in Flanders Some few [7.] Sim. Dun. Col. 209 210. A. D. 1078. Robert eldest Son to William Rebelled against his Father Unhorsed and hurt him in the Arm. years after this his eldest Son Robert to whom he had given Normandy in the presence of Philip King of France before his Expedition into England applies himself to Philip and by his Assistance entred Normandy with an Army and would have made himself Duke thereof King William hearing hereof passeth with an Army into Normandy where in Battle meeting with his Son hand to hand he was by him unhorsed and hurt in the Arm but his Son perceiving by his Voice it was his Father suddenly leaped off his Horse and mounted him again permitted him [8.] Ibidem Col. 210. n. 10. They are made Friends to march off with his Son William being wounded leaving many of his Followers dead behind him yet not long after by the Mediation of the Norman Nobility [9.] Orderic 573. B. And Robert is sent General against Malcolm King of Scotland they were reconciled and both came over into England Robert being sent General in an Expedition against [1.] Sim. Dun Col. 211. n. 60. Malcolm King of Scots who having invaded the borders of England retreated upon the approach of Robert Ingulph * Hist Croyl fol. 516. a. n. 50. The Castle upon Tine built whence Newcastle hath its name says that Scotland was then subjected to William and that Malcolm did Homage and Swear Fealty unto him at Abernithi Robert at his return built a Castle upon the River Tine from whence the Town of Newcastle took its name The Conqueror erected many Castles amongst which the Tower of London was one This he did and all his Earls Barons and other Great Men after his example to secure themselves from the Attempts and Insurrections of the English Towards the latter [4.] Ord. Vit. fol. 648. B. The King of France 〈◊〉 King William end of his Reign for the four years he survived his Wife Maud he was for the most part in Normandy [2.] Stow. fol. 40. being constantly in War and Dissention with his Neighbours [3.] Gemet lib. 7. c. 42. especially with the King of France who in a Sickness of King Williams jeered him for his fat Belly and said he Laid in at Rouen who to shew the King of France his up sitting [5.] Ibid. 655. D. 656. A. Gemet lib. 7. c. 44. King William enters his Country entred his Country in the last week of July and time of harvest and wasted it all the way he went and coming to a Town called by Ordericus (o) Where this Mandatum or Medanta was I cannot well say unless it be Mant upon the River Seyn between la Roche Guion and Meulan the Conquerors direct way or passage into the Country called Veuxin Francois which he then [9.] Ordâ—r fol. 655. D. Feudal Investiture claimed of the King of France and made this Expedition to recover Mandantum and by Gemeticensis Medanta he sacked it where with too much heat and labour the Castle Churches and Houses being burnt by the fury of his Soldiers he fell into the Sickness of which he died upon [6.] Ord. fol. 660. D. King William dies the Ninth of September Anno Domini 1087. While he was thus employed in Normandy he had notice that [7.] Ibidem fol 646. D. Odo his half Brother whom he had made Bishop of Bayux and Earl of Kent aspired to the Papacy and that he had bought a Palace at Rome whither he was going with a great Retinue of Normans and much Treasure [8.] Ibidem fol. 647. A. on a sudden and unexpectedly meeting him in the Isle of Wight as he was ready to take the Seas [9.] Ord. fol. 647. C. Anno Domini 1085. William seiseth his Brother Odo with his own hands As Earl of Kent not as a Clerk or Bishop The Crimes of Odo with his own hands seized on him when he could not perswade those with him to do it who saying he was a Clerk and could not be Sentenced without the Judgment of the Pope the Conqueror answered he seized him as Earl of Kent and his Viceroy and not as Clerk or Bishop All his Treasure was taken from him and the Crimes objected to him were infinite Oppressions of the People under his Government Seduction of the Kings Subjects to forsake the Realm and for Sacrilegious robbing many Churches He was sent
Prisoner to the Castle of Rhoan where he continued until the death of William who as he [2.] See my Preface to this History The Norman Laws and way of Pleadings Established here brought in the Norman Laws and caused all Pleadings and what concerned the Law to be done in Norman French so at that time the way of (p) Selden upon this passage and observation of Ingulph somewhere in his Janus Anglorum admires the honesty and simplicity of those times and seems not to be well satisfied with the Intricacies Practise and Tricks of the Law and manner of Conveyances of Land in his and our times but this Practise contains somewhat more than that it was an Investiture and Gift or Pledge of Investiture of Feudal Estates in those times it bâ—ing a [6.] Hottom in lib. feud 2. T it 27. §. 7. By delivery of a Sword Bow Arrow c. Custom that the Lord or Patron of a Fee should deliver his Vassal something as a Monument and Token of his Investiture that if any Controversie happened concerning his Possession he might produce it as a Testimony against him transferring Land was changed [3.] Ingulph Histor Croyland fol. 512. b. n. 30. In former times many Farms and Maners were given by bare Word without Script or Scroul How Lands passed before the Norman Conquest only by the delivery of a Sword Helmet Horn Goblet Spur Horsecombe Bow or Arrow by the Lord. The Normans called all Chirographs or Writings Charts And whereas they were made firm before by the Subscription of the Party with a Cross Sealing of Writings when first used in England they now had a Seal fixed to them set upon Wax and attested by three or four Witnesses Yet there were some ancient Charts or Chirographs before the Conquest with Seals appendant to them but the way of Sealing was very rare in those times William having Conquered England subdued [4.] Paris fol 12. n. 10. Scotland and Wales Established his Norman Laws here and his [5.] Gervas Tilb. fol. 9. a. Exchequer according to the form of that in Normandy takes care for the setling a constant Revenue that might uphold him in his Grandeur and new Acquests The Conquerors Revenue which consisted in several Branches one whereof was a Land-Tax called Hidage Hidage was a Land Tax which he found here before his arrival in the time of Edward the Confessor as appears every where in Domesday-Book whereof take some Instances Hantescire Tit. Terra Hugonis de Port in Fordingbridge hundred Hugo de Port ten Cerdeford duo liberi homines in (q) Alodium what it is Alodium in this place was not Land or an Estate that held of no body nor though it might be free in respect of other Lands yet it paid the common and constant Land-Tax of Hidage which was most commonly 2 s. per Hide and * Hoved. fol. 176. a. n. 40. Seld. Dom. Sea fol. 2â—6 paid every year extraordinarily sometimes 3 s. sometimes 4 s. sometimes 6 s. per Hide * Mat. Paris Anno 1083. fol. 11. The meaning of the Tenure in Alodio as it was in the Seventeenth year of the Conqueror and also in some other Kings Reigns as will be noted hereafter Some would have this Tenure like that of the Prince of Haynault de Deo Sole without acknowledgment of any Superior Lord. But we have no such Land in England And it signifies here only an Hereditary and perpetual Estate free and in the power of the Possessor to dispose of it by gift or sale This Tenure in this Survey refers to the Tenents and Possessors chiefly before the Conquest See more of Alodium in the Glossary Alodium tenuerunt pro 2 Maneriis de R. E. tunc modo geldabat pro 5 hidis Idem Hugo tenet Wardeford Vlricus Olwardus tenuerunt (r) In Paragio Lands that were held in Parage Hottoman [1.] In Verb. feud in verbo Paragium Pariatio what they signifie says Paragium is a Feudal word and worth noting and that by a Barbarism it was used for Pariatio an Adequation or equal division of the Heritage amongst Brothers although Custom hath prevailed soâ—n some places that by the Prerogative of Age the younger hath not so great a share as the elder so in the [2.] C. 30. Grand-Customer of Normandy 't is Tenure in Parage though the younger hath less than the elder Brother because they are pairs or equal in Succession in the same Fee and Tenure they hold a like nobly and are of the same Linage although the younger hold of the elder in Parage in Paragio de R. E. duas Aulas habuere Tunc se (Å¿) Se defendit Defendere in Domesday-Book is the same with Geldare to be Taxed or Rated and to pay defendit pro 4 Hidis modo pro duabus Vn Virgat minus [7.] Domesd fol. 45. a. In isto Manerio isto hundred Ten. Picot 2 virgat dimid de Rege Phitelet Ten. in alodio de R. E. pro Manerio tunc modo Geld. pro duabus virgat [8.] Ibidem Hugo de Fort holds Cerdeford two (t) What Freemen were and the several sorts and kinds of them see the first part of the Saxon History and Preface to this History Freemen or Knights Soldiers held it for two Maners in the time of King Edward in Alodio then and now it was Taxed Hidage and paid for five Hides Hugh holds Warneford Vlric and Olward held it in Parage of King Edw. they had two Halls or Mansions then it paid for four Hides now for two Hides and one Virgate more or less In that (u) Manerium [3.] Somâ— Glossar in verbo a pure Norman word from the French Manoir and that from the Latin Mansio a manere vel [4.] Ord. Vit. 523. A Manerium from whence derived Manendo from the Lords remaining or dwelling upon his Fee It is not to be found here in any of our Authors or Historians before the coming in of the Normans in stead of which the Saxons used Hida Familia Mansura Maâ—sam Casata c. Maner and that Hundred Picot held two (x) Virgara Terrae The Saxons called it [5.] Somn. Glossar in verb. Virgata Yard land what and how much GYRDLAND commonly Yardland a certain quantity of Land and perhaps part of a Hide different according to the diversity of Places for in some it is twenty Acres in others twenty four in others thirty c. In some but three Roods Virgates and an half of the King Phitelet held it in Alodio of King Edw. for a Maner then and now it is Taxed and pays for two Virgates These and the like Entries we find or at least the number of Hides or Carucates in every Town and Maner in Domesday by which the Tax was limited known and understood The making of this Survey called Domesday was a great design in the
according to the old Feudists and not Felonia according to later use Felony or Treason or that reverted to the Crown for want of Heirs which together with the Rents reserved out of the Baronies and Lands he gave to his Followers Escheats raised a great Revenue in Money For it cannot be altogether true which Gervase of Tilbury [3.] P. 26. b. 27. a. reports from Tradition and the Current of Historians from him or one another that only Victuals were paid for Rent all the Conquerors time for the daily Provision of his Houshold as Wheat Beeves Mutton Hay Oats c. of which the Kings Officers had a Roll of what quality and quantity every Mans proportion was in every County And that in Henry the First 's time by Special Commissioners sent into every County upon Complaint and Request of the Kings Tenents the Victuals chargeable upon all Lands were rated at the usual price and the value of them paid in Money The price of Wheat to make â—00 Men Bread 1 s. of a Sheep 4 d. c. A false Story that Rents were paid in Victuals all the Conquerors time which was after the rate of a Measure of Wheat to make Bread for One hundred Men 1 s. for a Ram or Sheep 4 d. for Provender for twenty Horses 4 d. c. This Story I say cannot be altogether true if compared with Domesday-Book where we almost every where find what Annual Rent in Money was paid to the Conqueror out of every Maner out of some 10 20 30 60 80 100 l. c. as we see in the Examples before mentioned Indeed in some of the Kings Maners or Honours there are firmae duarum vel trium noctium c. reserved that is Entertainment or Provision for two or three nights according to the old Saxon or German way of accounting time by nights as we by days and in some others there are so many Muttons and other Victuals reserved but very rarely and therefore 't is most probable that if ever there was such a practise of paying only Victuals in stead of Rent and that this Rent-Victuals was by Commissioners turned into Money it was done by those Commissioners the Conqueror directed into every County c. to make the Survey Custom of Merchandise To this Branch may be added the Customs of Merchandise properly so called for liberty of coming in and going out of his Ports and passing upon and through his Seas In short his Revenue was so great that [4.] Fol. 523. B. Ordericus Vitalis says it was reported to be One thousand and sixty pound of (k) Sterling from the Saxon STEORE signifying a Law or Rule Somn. Gloss in verbo Esterlingas Sterling what it signifies and from whence derived Sir Edw. Coke perverts the Sentence Gervase of Tilbury and Linge an Addition common among the Saxons rendring the word to which it is joyned more significant or expressive as in Dearlinge Wordlinge c. so that Sterling Money is no more than good and lawful Money answering the Standard Sterling Money thirty Shillings and Penny half Penny of the just Rents or Profits of England every day of the year The Conquerors Revenue was 1060 l. 30 s. â— d. ½ every day in the year 3874497 l. 16 s. 3 d. besides his Gifts and Presents and Pecuniary Punishments which if we reckon ten times as much now according to the forementioned rate of things in his Reign his yearly Revenue amounted to 3874497 l. 16 s. 3 d. But allow it to be fifteen times so much now as then as may very well be done and not over rate it then his yearly Income was 5811746 l. 14 s. 4 d. ½ besides free Gifts Fines and Amerciaments for Offences His standing Army not paid out of this Revenue Besides this great Revenue he had a mighty standing Army of Horse especially with which he made good his Conquests without any Expence or Charge issuing out of his Revenue [5.] Ibidem After what manner they were distributed see the Preface here for the same Author affirms that he so distributed the Lands of England to his Followers and Soldiers as he had 60000 Knights or Horsemen constantly at his Command to be employed in any Expedition he pleased This estimate of Knights Fees so Established by the Conqueror is allowed by our great and Learned Antiquaries [6.] Gloss fol. 218. col 2. Sir Hen. Spelman [7.] Answer to the Reasons for Foreign Wars p. 9. Sir Robert Cotton and [8.] Tit. of Hon. fol. 573. Mr. Selden with an Addition of 215 more And this number of Knights Fees was the same or greater in the Fifth of Henry the Second 1159. for then he took Scutage of England only to prosecute the Wars in France One hundred and fourscore thousand pounds of Silver if * Col. 1381. Gervase of Canterbury may be credited If there were then but 60000 Knights Fees it was 3 l. or as they then reckoned four Marks and an half upon every Knights Fees a very high and unusual rate but upon extraordinary occasions as for maintaining of War and paying of Stipendiary Soldiers Scutage over and above the Revenue before mentioned was a common and usual Tax we have both name and thing in Gervase [9.] Lib. 1. c. 22. T it Scutagium c. Scutage paid to maintain Soldiers of Tilbury Fit interdum imminente vel insurgente in regnum hostium Machinatione decernat Rex de singulis foedis militum summam aliquam marcam scilicet vel lib. unam unde militibus Stipendia vel Donativa succedant Mavult enim Princeps (l) Sir Edw. Coke transposeth these words Institut 1. fol. 69. a. and reads them thus perverting the sence of the Author Mavult Princeps Domesticos quam Stipendiarios Bellicis apponere casibus Admiring the wisdom of Antiquity that the Prince had rather be served in his Wars by his own Subjects than Stipendiary Foreigners Stipendiarios quam domesticos Bellicis apponere casibus Haec itaque summa quia nomine Scutorum Solvitur Scutagium nuncupatur That is sometimes upon imminent danger or designs raised by Enemies against the Kingdom the King may Decree or take upon every Knights Fee a Sum of Money to wit a Mark or one Pound from whence arise the Stipends and Donatives of Soldiers for the Prince had rather employ in his Wars Stipendiaries than Domesticks This Sum therefore because it was paid as for a Scutum that is a (m) Knights Fees were called Scuta from their Shields a certain part of the Armour the always used and therefore we see our ancient Kings and great Men pourtrayed in a Military posture on Horseback with a Shield upon their left Arm. Knights Fee it was called Scutage which though it was paid often afterwards in all the elder Kings Reigns by common consent of the Kingdom yet it was never certain but sometimes one Mark a Mark and an half two
three four Marks c. as will appear in the Sequel of this History He brought the Clergy under subjection Nor did he think himself secure only by having all Persons in Secular Authority his Dependants and at his Command but he brought the Clergy also Arch-Bishops Bishops Abbats and all Degrees of that Function under his subjection [1.] Mat. Paris fol. 7. n. 10. And the Church Lands under Military Service And Quartered Soldiers in their Monasteries for he put the Bishopricks and Abbies which had Baronies that is great Possessions and were before free from all Secular Service under Military Service and according to his will and pleasure appointed how many Knights or Soldiers they should find in time of War and chased out of the Kingdom many Ecclesiasticks that opposed his evil Constitution nor did he only charge their Lands with the Tenure of Knights Service but also Quartered Soldiers [2.] Ingulph Croyl n. 40. which he had hired in France Almain and Spain in all Monasteries of England in Croyland Abby he Quartered six Milites or Knights and twenty eight Cross-bow-Men that shot Stones and Darts out of * Ballistarii Cross-Bows or perhaps the Officers of the Steel-Bow-Men or Directors of the Management of the great Brakes or Engines with which they battered Walls in the Monastery of Ely after the Isle was reduced were placed forty whereof Bellassis Governor at least of the old Fort called now by the Country People Belsars-Hills if not General of the Forces against the Island was one and thirty nine more all Officers or Men of Account as by their Names and Arms appeareth in a Parchment Roll in the Custody of the Bishop of Ely made in the time of Robert de Orford Bishop of Ely who was [3.] Godw de Presul Angl. p. 318. Consecrated 1302. and died 1309. Nor did he think this enough to restrain the power of the Clergy [4.] Anno Domini 1070. who then bare the chief sway in the Government but by Advice of William Fitz-Osbern Earl of Hereford and others of his Council he searched the [5.] Florent Wigorn. f. 636. He Rifles the Monasteries Monasteries of all England and took away the Money which the richer sort of English had secured there fearing his Austerity and Ravages and commanded it to be carried into his Treasury [6.] Fol. 7. Mat. Paris says he robbed all the Monasteries of their Gold and Silver and spared not their Shrines and Chalices Nor yet did he think himself sufficiently secured from the great power of the Clergy in that Age [7.] Eadmer fol. 6. n. 10. He brought in the Norman Laws and made Norman Bishops in England All things were done according to the Conquerors Pleasure until having brought into England the Laws and Usages which he and his Fathers were wont to observe in Normandy he had made such Men Bishops Abbats and chief Rulers through the whole Land as might be thought very unworthy if in all things they submitted not to his Laws or should in any wise oppose him and therefore all Divine and Humane Matters were ordered according to his Will and Pleasure To this purpose there was a great Council held at Winchester eight days after Easter at the Command of the King he being present and with the Consent of Pope Alexander by his Legates Herminfrid Bishop of (n) Sedune now by the Germans called Sittes and the French Sion and the Country about it Sionois it is seated upon the River Rosne before it falls into the Lake of Geneva Sedune and two Priests Cardinals of the Apostolick See [8.] Florent Wigorn f. 636. An. Do. 1070. A Council at Winchester wherein Stigand was Deposed John and Peter producing his Authority In this Council Stigand Archbishp of Canterbury was Deposed for three Causes to wit because he unjustly possessed the Bishoprick of Winchester with the Arch-Bishoprick and because he invaded the Arch-Bishoprick while Arch-Bishop Robert was living and used his Pall which remained at Canterbury in Celebrating Mass when by force he was unjustly put out of England and received a Pall from Benedict whom the Roman Church had Excommunicated for that by Money he had invaded the Apostolick See [9.] De Gest Pontif. fol. 116. b. Malmsbury says with these two Bishopricks he also possessed many Abbies who in this as he conceived did not commit a Sin of Judgment but Error for that he was a very illiterate Man as were almost all the Bishops of England at that time [1.] Florent Wigorn. ut supra Agalmar Bishop of East Angles and some Abbats Deposed In this Council also Agalmar Brother of Stigand Bishop of East-Angles his Seat being then at Elmham was Deposed and some Abbats The King promoting that work that he might put into their places Men of his own Nation for the confirmation of his new Conquered Kingdom [2.] Ibidem Others were kept in Prison all their Lives He also kept in Prison some Bishops and Abbats all their Life time without any evident Cause [3.] Ibidem Agelric Bishop of the South Saxons turned out and imprisoned without fault He makes his own Chaplains Bishops being neither condemned by any Councils or Secular Laws meerly out of Jealousie and suspicion of the safety of the Kingdom On Whitsunday the King gave the Arch-Bishoprick of York to Thomas Canon of Bayeaux in Normandy and the Bishoprick of Winchester to Walkelin his Chaplain and on the Morrow by his Command Herminfrid the Bishop of Sedune the Cardinals being returned to Rome held a Synod in which Agelric the Bishop of the South-Saxons was not Canonically Deposed whom the King imprisoned at Malborow without any fault There were then also to use the Authors own Phrase very many Abbats degraded The Conqueror gave to his Chaplanes Herfastus the Bishoprick of East-Angles and to Stigand the Bishoprick of the South-Saxons and gave the Abbies to his Norman Monks [4.] Eadmer fol. 6. n. 20. No man to acknowledge the Bishop of Rome for Pope without his Command He would not suffer any one in his Dominions to acknowledge the Bishop of Rome for Pope without his Command nor to receive any Letters from him unless they were first shewn to him [5.] Ibidem The Arch-Bishop might not appoint or prohibite any thing without his Leave The Arch-Bishop might preside in any Council but he would not permit him to appoint or prohibit any thing but what he pleased and such things as were first Ordained by him [6.] Ibid. n. o. His Barons without his Command not to be impleaded He would not suffer any Bishop to implead and Excommunicate any of his Barons all such as [7.] Sâ—ld not in Ead. f. 168. held immediately in Capite or Officers for Incest Adultery or any heinous Crime unless by his Command * But notwithstanding the Conquerors Stoutness and Resolution in these matters by his admission of the Popes Legats for the purposes above
mentioned his Holiness gained the first Poâ—ut of his Usurped Jurisdiction in England although William still retained the absolute Power of investing Bishops and seemed only to use the Advice and Assistance of the Legats in Ecclesiastical Matters for that no Decree or Constitution was put in Execution without his Royal Assent [8.] Eadmer ut supra n. 49. Lanfranc made Arch-Bishop An Do. 1071. In the first year of his Reign Lanfranc Abbat of Caen in Normandy a stout Man and very much skilled in Divine and Humane Affairs was made Arch-Bishop of Canterbury and Consecrated the fourth of the Kalends of Sptember or the Twenty ninth of August [9.] Malms de gest Pon. lib. â— fol. 117. a b. The Pope Decreed the Controversie about the Primacy between York and Canterbury ought to be decided in England Afterwards going to Rome for his Pall Thomas Arch-Bishop of York whom he had Consecrated went with him where Thomas propounding to Pope Alexander the Controversie between himself and Lanfranc about the Primacy and Subjection of the See of York to Canterbury and the three Bishopricks of Lincoln Worcester and Litchfield which he claimed as subject to York The Pope Decreed That the Cause ought to be heard in England and decided by the Testimony and Judgment of all the Bishops and Abbats of the whole Kingdom [1.] Spelm. Concil vol. 2. fol. 6. Anno Domini 1072. Sir John Danis Irish Reports fol. 89. b. After two Discussions one at Winchester in the Kings Chappel there in the Castle in the Solemnity of Easter and the other at Windsor in the Feast of Pentecost it was finally determined in the presence of the King Bishops Abbats and of Hubert Legat of the Roman Church as says [2.] Fol. 8. n. 30. Paris and many other Orders of Men met there upon the (o) The Conqueror commonly kept Easter at Winchester Whitsunday at Windsor or Westminster and Christmass at Gloucester at which times were present in Court all the Temporal Nobility Bishops Abbats c. through all England so that at those times he could hold a great Council or Synod at a days warning when he pleased and at those times were commonly held the Great Councils for all Publick Affairs occasion of that Festival [3.] Malms ut supra b. n. 20 30 40. The Church of York ought to be subject to Canterbury The Jurisdiction of York extended to the further part of Scotland Upon proof made by old Authorities and Writings that the Church of York ought to be subject to the Church of Canterbury and the Arch-Bishop of York to obey the Arch-Bishop of Canterbury in all things pertaining to Christian Religion as the Primate of all Britain That the Bishoprick of Duresm and all the Countries from the bounds of the Bishoprick of Litchfield and from the great River Humber unto the furthest part of Scotland should be the Province and under the Jurisdiction of York so that if the Arch-Bishop called a Council wherever he pleased the Arch-Bishop of York with his Suffragans were to be present there and give obedience to what should be determined That the Arch-Bishop of York ought to receive Episcopal Benediction from him and under Oath to make unto him Canonical Profession To these Constitutions the King Arch-Bishops Bishops Abbats and all these present agreed and as [4.] Hist Nov. fol. 9. n. 20. Eadmer says who had most reason to know best they were confirmed by the Testimony of the Kings Seal About this time he amended [5.] Cart. in Append. n. 11. The Ecclesiastical and Civil Jurisdiction distinguished the Episcopal Laws which had not been well observed by the Common Council of his Arch-Bishops Bishops Abbats and all the Chief Men of his Kingdom and Commanded by his Regal Authority That no Bishop or Arch-Deacon should hold Pleas in the Hundred concerning Episcopal Laws nor should bring any Cause pertaining to the Government of Souls before a Secular Judicature but that every one that had transgressed Episcopal Laws should be judged in a place where the Bishop should appoint according to the same Laws and Canons * This is left out by Mr. Selden f. 167 168. Not. in Eadmer No Sheriff Minister or Laick to meddle with Episcopal Laws and if any one was so obstinate as not to appear at the third Summons he should be Excommunicated and if need were the Kings or Sheriffs Power were to be added and further Commanded That no Sheriff Minister or Laick should intermeddle with the Bishops Laws Before this the Bishop sat with the Sheriff in the County Court or Turn and with the Hundredary in the Hundred Court if he pleased where they promiscuously determined Ecclesiastical and Secular Causes and from this time the separation of both Jurisdictions bear date And further out of the fulness of Ecclesiastical Power with which he thought himself invested in right of his Crown [6.] Cleopat E. 1. Bibl. Coâ—ton 1. vol. of the State of he Church ex Chart. Willielmi sub sigillo ibid. by the Assent of Lanfranc Arch-Bishop and Stigand Bishop of Chichester in a Council of his Bishops and Barons granted to the Church of St. Martin of Battle-Abby which he founded [7.] In Append n. 12. An. Do. 1086. all the freedom from subjection imaginable and that although it was within the Diocess of Winchester yet it should not be subject to the Bishop Great Priviledges granted by William to Battle Abby and that in his Visitation he should not lodge there nor in any of the Maners belonging to it and that in all things in the same Church and a League every way round about it the Abbat should be Lord and Judge The Violators of which Constitution were for ever anathematized by Lanfranc Archbishop Stigand aforesaid Walkelin Bishop of Winchester Wolstan Bishop of Worcerster all then present The Pope sent to William by his Legat Hubert to do him Fealty and pay him the Arrears of Peter-Pence but though willing to gratifie him in one he absolutely [8.] In Appest n. 13. The Conqueror refuseth to be Feudatary to the Pope denied the other and refused to become his Feudatary or Vassal for the Kingdom of England Archbishop Lanfranc in this Kings Reign held and presided in many Councils in one at London [9.] Spelm. Concil fol. 7 8. vol. 2. Anno Domini 1075. Bishopricks removed from Villages to Cities The Clergy not to give Judgment in loss of Life or Member wherein because it was forbidden by the Councils of Sardis and Laodicea that Bishops Sees should be in Villages therefore by the Kings Munificence and Authority of this Synod Bishop Hermannus removed from Sherborn to Salisbury Stigand from Selsey to Chichester Peter from Litchfield to Chester and afterwards Remigius from Dorchester a Village in Oxfordshire to Lincoln It was also Ordained in this Council that according to the Council of Eliberis and the Eleventh of Toledo both Cities in Spain that no Bishop or Abbat
or any of the Clergy should give Judgment concerning the Life of any Man or loss of Member nor by their Authority should countenance any that do it Another he held at Winchester [1.] Ibidem fol. 13. Anno Domini 1076. No Canon to Marry Priests in Burghs and Cities might retain their Wives wherein it was Decreed That no Canon should Marry and that Priests which lived in Burroughs and Villages that had Wives should not put them away but if they had none they were prohibited to take any and Bishops were to take care that they did not Ordain Married Men either Deacons or Priests [2.] In Appen n. 14. The Origin of Exempts and Peculiars Archbishop Lanfranc exempted all the Clerks or Parish-Priests of the Towns belonging to him or where he was Lord or presented to the Living in any Diocess from the Jurisdiction and Visitation of the Bishop which might be the Original of Peculiars These were the Ecclesiastical Affairs in England in the time of William the First what they were then in Normandy and how alike to them here may be seen in the Constitutions made there [3.] In Appen n. 15. 1080. In the last year of his Reign [4.] Florâ— Wig. fol. 642. Anno Domini 1087. many of the chief Cities of England and London burnt Order vit fol. 663. C. almost all the chief Cities of England were burnt and the greatest and best part of London with the Church of St. Pauls King William dying on the Ninth of September 1087. as was noted before left Issue by Maud Daughter of Baldwin Earl of Flanders 1. Robert his eldest Son Florent Wigor fol. 642. Anno Domini 1087. according to the Will and Bequest of his Father succeeded him only in the Dukedom of Normandy 2. Richard his Second Son Order vit fol. 573. C. who following a hard Chace in Hunting in the New-Forest was mortally hurt by the Bough of an Hasle-Tree before either his years of Marriage or Knighthood 3. William commonly called Rufus succeeded his Father in the Kingdom of England Florent Wigor ut supra as he had given it to him in his last Will and Testament 4. Henry who after the death of his Brother William without Issue was King of England and Duke of Normandy * Order fol. 659. C. he had given him by his Father only Five thousand Pounds in Money Ibid. fol. 484. D. 548. B. C. 5. Cicely his Eldest Daughter first a Nun in the Monastery of Fescamp in Normandy afterward Abbess of the Holy Trinity in Cane where she died Anno Domini 1127. July 13. Ibidem fol. 544. C. 6. Constance Married to Alan Fergant or the Red Earl of Britain for the assurance of Peace between King William and him died without Issue Lib. 8. c. 34. 7. Adelidis or Alice his Third Daughter Contracted to Harold the Usurper Fol. 573. C. Seems to be the same with Agatha Script Norm f. 1070. as Gemeticensis affirms but at his death being Marriageble died a Virgin but Ordericus Vitalis mentions not this Contract between her and Harold Ibid. fol. 574. A. 8. Adela who was Married to Stephen Earl of Blois by whom she had four Sons William Theobald Henry and Stephen who by his Uncle King Henry the First was made Earl of Mortainge and by his means was Married to Maud Daughter and Heir of Eustachius Earl of Bulloign by whom he had that Earldom and also very great Possessions in England Ibid. 573. C. Seems to be the same with Adelidis or Adelis Script Norm f. 1070. 9. Agatha who died a Virgin but reported by Ordericus Vitalis to have been first Contracted to Harold the Usurper and afterward to Amfurcius King of Gallicia but died in her Journey thither not having ever seen him THE REIGN OF William Rufus OR William the Second THE Conqueror dying on the Ninth of October An. Do. 1087. [1.] Ord Vit. fol. 763. D. Rufus brings his Fathers Donation of England to Arch-Bishop Lanfranc Robert Bloiet his Chaplain immediately came over into England with his Son William and brought with him to Lanfranc Arch-Bishop of Canterbury the Donation of his Father [2.] Ibidem fol. 663. C. Who Anointed him King who having read it made haste with him to London and on Michaelmass-day Anointed him King in the old Church of St. Peter at Westminster having first promised [3.] Eadm fol. 13. n. 50. Upon the great Promises he made to him He was Knighted by Lanfranc upon his Faith and Oath by himself and all others he could procure to vouch him to Lanfranc being not over forward to grant his desires that he would in all matters through the whole Kingdom preserve Justice Equity and Mercy defend the Peace and Liberty of the Church against all Men and also in all things obey his Council and Precepts But though Lanfranc having been his Tutor * Malms de Gest Reg. fol. 67. b. n 30. Order Vital fol. 665. D. Eudo King Williams Steward a great Instrument in setting up Rufus and also having made him a Knight brought on by these fair Engagements was the great Instrument to promote him to the Crown yet (a) He was Son to Hubert de Rie Privado to both Edward the Confessor and William the Conqueror and Envoy in the greatest and most private Matters that passed between them Eudo his Fathers Steward was little less Instrumental in his obtaining it if there be any truth in the Story cited from the Manuscript in Cottons Library [4.] Monast 2. vol. fol. 900. n. 40.50 The Keys of the Treasury at Winchester delivered to Rufus by Sir William Dugdale for he upon the occasion of his Fathers Grant incited William Rufus to be active in his own Affair and then hastning into England so insinuated himself into William de Ponte-Arche that he obtained from him the Keys of the Treasury then at Winchester and passed to Dover where he obliged by Oath the Guardians of the Castle that they should not deliver the Keys of that Fortress to any without his Advice The like he did at Pevensey Hastings and other Maritime Castles pretending the King whose death was kept secret would stay yet in Normandy and would have good assurance of the safety of his Castles in England by him his Steward And having thus dispatched his Business he returned to Winchester and discovered the Kings death and by his Contrivance while the Nobles in Normandy were Consulting about the Succession William Rufus was advanced to the Throne In the mean time [5.] Orderic fol. 665. C. Robert Duke of Normandy distributed his Wealth amongst his Soldiers Robert Duke of Normandy his elder Brother plentifully distributed his Wealth among his Veteran Soldiers or Knights and by hope of Rewards brought into his Service a Multitude of young Soldiers but his [6.] Ibidem Treasure failing he borrowed of his Brother Henry Three thousand Pounds for which he
received the whole Country of Constantin now Contantin being then the third part of Normandy with the Cities Constance Auranches and the Monastery of St. Michaels Mount in the Sea c. Presently [7.] Ib. D. D. upon this Action of Duke Roberts in the first year of the Government of the two Brothers the chief Men that had An. Do. 1088. and were like to have great Estates in both Nations met to Treat about the division and separation of them one from another [8.] Ibid. fol. 666. A. The English and French Normans meet to Consult whether it were expedient England and Normandy should have two different Princes both of them having been under the Power and Government of their defunct Lord who by their assistance had Conquered England They were in a great straight what to do they could not serve two Lords so remote from one another [9.] Ibidem if they faithfully served Robert Duke of Normandy they should offend his Brother William and should lose their Lands and Honours in England and if they proved obedient to William Robert would deprive them of their Paternal Inheritance in Normandy [1.] Ibid. C. At last they resolved that seeing Robert was the elder and that they had Sworn Fealty to him in his Fathers Life time to set him up and make him Prince of England and Normandy for preservation of the Unity of both Nations [2.] Ibidem The chief Friends and Undertakers for Duke Robert This was the Agreement of Odo Bishop of Bayeux Eustacbius Earl of Bulloine They concluded to make Robert King of England and Duke of Normandy (b) Robert de Belesin e or de Bellismo castello [8.] Vales not Gal. in verbo Robert de Belesme who he was quasi bellisimo a Fair Castle in the County of Perch he was eldest Son to Roger de Montgomery Earl of Arundel and Shrewsbery and had the great Inheritance of his Father [9.] Orderic fol. 708. C. in Normandy when his second Brother Hugh de Montgomery enjoyed his Fathers Earldoms in England who dying without Issue they came to this Robert in the [1.] Ibidem 768. C. Tenth year of William Rufus for which he gave him 3000 l. Sterling as a Relief Robert de Belesin and many others which they Communicated to Duke Robert to whom if they would begin he promised sufficient Assistance for effecting their Design Therefore [3.] Ibidem after Christmass they passed into England fortified their Castles and in a short time stirred up a great part of the Country against the King [4.] Ibidem with these joyned Roger Earl of Arundel and Shrewsbery Hugh Grentmesnill Viscount of Leicester and many more very great Men in England or at least seemingly continued with William and favoured the design of Robert [5.] Ibid. D. who fortified Manned and Victualled their Castles and wasting the Countries almost all over the Nation expected Duke Robert with an Army out of Normandy at the Spring [6.] Ibidem King William observing the posture of his Affairs resolved to suppress these Insurrections and to that purpose Convoked Lanfranc Arch-Bishop Bishops Earls and Natural English Lanfranc the Arch-Bishop the other bishops and Natural English side with Rufus and shewed them his intention who exhorted the King to proceed against the Perturbers of the Peace and promised their ready Assistance [7.] Ibidem fol. 667. B. Rochester chosen as a place of advantage and fit for a Magazine Odo with some of the chief Normans who intended to set up Robert chose Rochester as a place of advantage and most fit for their chief Magazine being in the middle way between London and Canterbury near the Sea and near the Kentish Islands which were conveniently seated for the landing Forces and Warlike Provisions from whence at their pleasure they could keep a Correspondency with Duke Robert But [2.] Ibidem fol. 667. B. Rochester besieged Duke Robert lost the Town and Castle by sloath and want of diligence King William prevented their Designs by besieging the Town in the Month of May following where he shut up Odo Eustathius Earl of Bolloigne Robert de Belesme and many other Noblemen and Persons of inferior Rank who in vain expected the Assistance of Robert being detained only by ease and sloath from his promised Expedition [3.] Ib. C. D. The Defendents offer to yield upon Conditions out of the Town they were forced into the Castle where many perished by a raging Sickness and urged by many other necessities they sent out to King William that upon condition they might enjoy their Lands and Estates they would yield the Castle and for the future serve him faithfully as their Natural Lord. The King was angry at these Propositions Rufus denies their Conditions and sware he would take the Perfidious Traytors by force Hang and destroy them with divers kinds of death and to his Nobility having many Friends and Relations in the Castle perswading him to moderation [4.] Orderic fol. 668. B. he gave this Answer That whosoever spared Perjured Men Thieves Plunderers and Execrable Traytors took away quiet and peace from innocent Men and laid a foundation of innumerable Mischiefs to the good and harmless [5.] Ibid. D. but at length overcome by the intercession of his faithful Friends [6.] Ibidem 667. C. which were all the Bishops of England with the English Hugh Earl of Chester (c) [7.] Ibidem 669. C. He was an Esquire to Edward the Confessor and by him made Knight his Father was [8.] Ibidem Humfrid de Teliolo [9.] Ibidem fol. 512. b. Governor of the Fortress of Hastings and Son to Ansfrid the Dane His Mother Adeliza Sister to Hugh de Grentmoisnill Viscount of Leicester and Governor of * Ibidem Winchester He had his name of Rodeleds [1.] Domesd Cestrescire Atiscros Hundr or Roelent from the Castle and Territory of Roelent in the Marches of North-Wales of which he was Governor and General of all the Forces in Cheshire under Earl Hugh and not only defended it against the Welsh but Conquered much of North-Wales [2.] Ibidem which he farmed of the King for 40 l. per Annum [3.] Ibidem besides the Fee of Ross and Rowenloc which he held of the King twelve Miles in length and four in breadth Robert de Roelent William de Warrenna (d) He was Son of Haimon Earl of Corboile in Normandy [4.] Monast vol. 1. fol. 154. Col. 2. n 40. Robert Fitz-Haymon made Earl of Gloucester by Rufus and had the Estate of Brictric the Saxon Earl thereof to whom for the great Services he had done his Father and himself William Rufus gave the Earldom of Gloucester and the Possession of Brictric the Saxon who was Earl thereof before the Conquest The which Earldom and Possessions Queen Maâ—d enjoyed during her life and her Husband the Conqueror afterward This Robert had
greatly encouraged and mightily advanced by the Council of Clermont in France called by Pope Vrban for that purpose by which means many of the chief Nobility of Christendom and especially of France and Germany became Undertakers in this Holy War Much to do there was to raise this 10000 Marks which William imposed upon his Great Men. [8.] Ibidem fol. 648. The Bishops Abbats and Abbesses brake the Gold and Silver Ornaments of their Churches and the Earls Barons and Viscounts or perhaps Sheriffs only fleeced their Villans and such as held in Knight Service of them [9.] Ibid. Order fol. 765. A. Anno Domini 1097 1098. Rufus by his severity keeps the Normans in due subjection In September Rufus passed the Sea made Peace with his Brother paid him his Money and received Normandy as a Pawn for it and kept the Normans in due subjection by his severity during the time he lived almost five years William thus possessed of Normandy [1.] Ibid. fol. 766. A.B.C.D. 667. B. Anno 1098. Vales Not. Gal. fol. 588. Rufus clâ—ims Veuxin Francois and the chief Town in it claimed the French (f) Le Veuxin Norman le Veuxin Francois The People that inhabited this Country were called by Caesar in his Commentaries Bellocassi by others Veliocassi by some Vilcassâ— and Vulcassini and the Country called Pagus Vulcassinuâ— and Vilcassinus Veuxin Norman Veuxin Francois The Norman Veuxin is seated between the River Andelle upon which are placed Ratepont Churlevil Fleuri and falls into the Seyn a little above Pont-larch and the River Iâ—ta Etta Epta or Ryta upon which New-March Gournay Gisoâ—s Dangu and St. Cleâ— are seated and it falls into the Seyn between Vernon and le Roche Guion Veuxin Francois is seated between the last River Epte and the River Isara Ese or Oyse upon which stands Pontoyse c. Some part of Veuxin Norman lies beyond the River Andelle towards Rouen These ancient names are antiquated and not to be found but in ancient Authors Charts and Monuments Veuxin of Philip King of France and the chief Towns thereof Pontoyse Chaumont and Mant and after a years Scuffle for it by Burnings Rapines and leading the People into Captivity on both sides the two Kings came to a firm Peace Rufus his Business in England requiring his presence there which probably was the Arming of the Welsh and the fresh attempts they made upon England [2.] Flor. Wig. fol. 648. for about this year King William the second time marched into Wales with intention to kill all the Male Sex but of them he scare found or killed any yet he lost some of his own Men and many Horses [3.] Ibid. Buch. â—er Scot. p. 216. Duncan slain Donald usurps Edgar Son of Malcolms made King Presently after this Duncan being treacherously slain and Donald usurping again in Scotland Aedgar Atheling was sent thither with an Army to expel Donald and to make Aedgar King then the eldest Son of Malcolme and here in England under the Protection of William which was effectually done [4.] Florius supra Order fol. 772. D. An. Dom. 1098. Then having news that the City Mans and Countries of Anjou and Main had revolted he returned into Normandy besieged and took the City Anjou and Main revolt and are reduced and reduced the Countries to obedience bringing Elias the Earl of Maine to his own Terms [5.] Ibidem ut supra In the mean while Hugh Earl of Chester and Hugh Earl of Shrewsbury with an Army attempted the Isle of Anglesey wherein they took many Welsh and killed them and pulled the Eyes out of some others after they had first chopt off their Hands and Feet they cut off their Testicles [6.] Ibidem Magnus King of Norway invades Anglesey This was the time when Magnus King of Norwey invaded this Island in resistance of whom seven days after this Cruelty upon the Welsh Hugh Earl of Shrewsbury lost his Life The next [7.] Ibid. 649. An. Do. 1099. year the King returned out of Normandy into England and held his Court in the Solemnity and Feast of Pentecost at London when he gave [8.] Ibidem to Ranulph whom he had appointed to manage the Affairs of the whole Kingdom the Bishoprick of Duresme The greatest Action now on foot in Christendom was the prosecution of the War against the Turks and Jerusalem being taken Princes Zealous to prosecute the Holy War and the Christians much prevailing in Palestine others of the Christian Princes that were first engaged in the Holy War as 't was termed became inflamed with a Zeal of assisting in and prosecuting of it Amongst whom [9.] Ord. fol. 780. B. C. William Duke of Poictou was one and that he might the better raise a considerable Force and accomplish his Design he sent to William Rufus Ambassadors to borrow Money Acquitain Pawned to William Rufus for the security thereof he offered to Pawn to him the Dutchy of Aquitain (g) By Aquitaine here cannot be understood all the Province anciently so called but only that part of it which lay between the Rivers Loir and Garone as the Countries of Poictou Saintonge Angoumois Perigorâ— c. and all his Countries The King most willingly embraced the Proposal [1.] Ibid. C. A great Fleet prepared to take possession of Aquitain and Commanded a mighty Fleet to be prepared and a great Body of Horse to accompany him out of England that he might hinder his Brother Roberts return into Normandy take possession of Aquitain and extend the bounds of his Empire as far as the River Garone [2.] Ibidem fol. 781. B. An. Do. 1100. In the Month of July this Royal Navy which was to carry over immense Sums of Silver and Gold was near ready to set sail but before it was altogether sit to put out to Sea the King on the [3.] Florent Wig. fol. 649. Anno 1100. Gemet lib. 7. c. 10. Second of August Hunting in (h) Cambden in Hantshire New-Forest Part of Hantshire so called at this day it contained in compass thirty Miles in this space of Land William the Conqueror depopulated all the Towns and Villages and demolished thirty six Parochial Churches to make it a Forest New-Forest was slain by an Arrow Shot by (i) He was a rich Inhabitant [9.] Orderic fol. 78. A. Walter Tirrel what he was of Pontoyse a generous Knight or Soldier potent amongst the Great Men in Arms very dexterous and therefore a Familiar and Constant Companion to the King Walter Tirrell a French-Man whether at a Deer or the King is uncertain and the next day carried to Winchester and buried in the old Monastery in the Church of St. Peter Rufus is slain The Ecclesiastick Affairs in this Kings Reign These were the Military and Secular Atchievements of William the Second which kept him in constant Action and Employment yet perhaps his Magnanimity was no less exercised by
Arch-Bishop Anselme in relation to Ecclesiastick Power and Jurisdiction [4.] Eadm fol. 14. lin 1. Rufus kept not the Promises he made to Lanfranc he brake many of the Promises he made to Arch-Bishop Lanfranc before and at his Coronation yet while he lived he abstained from many things though against his will and inclination [5.] Ibid. n. 10 20 30. but after his death which happened [6.] Flor. Wig. fol. 644. He let to farm Bishopricks and Abbies May 24. 1089. he kept the Bishopricks and Abbacies as they fell void in his own hands or let them to Farm and took the Profits of them to his own use allowing the Monks just so much as would maintain them amongst others the Church and Arch-Bishoprick of Canterbury and Revenues thereof was then possessed and disposed of by the King to Secular uses [7.] Eadmer fol. 15. n. 30. which much troubled the Clergy and many of the Nobility that the Commune Mother of the Realm should be so long void of a Pastor At length the [8.] Ibidem fol. 16. n. 10 20 30 40. King falling Sick and being very Penitent made great Promises of ease and satisfaction to the Clergy and Nobility and being much pressed by them to make an Arch-Bishop of Canterbury he consented and enquired after a Person worthy of that Honour and Office They all perceiving the Kings inclination cried out with one accord (k) He was born in Ausburg in Germany and was first a Monk and then Abbat of the famous Monastery of Bec in Normandy [1.] Onuphr Chron Pont. Rom. An. 1080. At this time there were two [1.] Onuphr Chron Pont. Rom. An. 1080. Popes Guibert or Wibert Arch-Bishop of Ravenna called Clement the Third who was created by the means of the Emperor Henry the Fourth Anti-Pope to Gregory the Seventh Victor the Fourth Vrban the Second and Paschal the Second he was buried in the Cathedral of Ravenna Anno Domini 1101. and not long after by the Command of Paschal the Second his Body was taken up and burnt Abbat Anselme was the most worthy who brought to the King that he might receive the Investiture of the Arch-Bishoprick from his hands by the Pastoral Staff refused it affirming it might not be done [1.] Eadmer fol. 18. n. 10. Bishop Anselm pressed to accept the Arch-Bishoprick yet after very importune perswasions and pressures by the Bishops and Nobility he suffered himself to be with great Applause elected Arch-Bishop [2.] Ib. n. 40. An. Do. 1093. and had investiture of all things belonging to the Arch-Bishoprick both within it and without it on the Sixth of March 1093. But [3.] Ibidem fol. 19. n. 50. He demands Restitution of the Lands belonging to the Church of Canterbury before his Consecration he demanded of the King to restore all the Lands belonging to his Church which his Predecessor Lanfranc was possessed of without any Suit or Controversie and that he would consent he should have right done him concerning such Lands as had been in the possession of the Church and were then lost and not recovered [4.] Ibidâ—m fol. 20. lin 1. c. n. 10 20. He demands of the King to rest in his Advice in the things that pertain to God and â— Christianity He declares he had acknowledged Pope Vrban He also demanded of the King to rest in his Council before others in those things that pertain to God and Christianity and as he would have him for his Terrene Lord and Protector so the King would have him his Spiritual Father and Overseer of his Soul Also concerning (l) The other Pope at this time was [2.] Ibidem Anno 1088. Vrban a Frenchman Bishop of Ostia and acknowledged by the French and Italians he was created Pope at Terracina in Italy in March 1088. and died at Rome in August 1099. and was buried in St. Peters Church there Vrbane Bishop of Rome who the King had not yet received as Pope he said he had received him as such and should yield him all due obedience and subjection and gave him notice of it that no Offence or Scandal might arise about it for the future [5.] Ibidem n. 20 3â— The King loath to restore all the Lands The King was loath to restore all Lands but would have reserved such Lands of the Church [6.] Eadmer fo 20. n. â—0 as he after the death of Lanfranc had given to his Courtiers for particular Services and would have had Anselme consented that they might have holden them by Hereditary Right [7.] Ibidem Anselm would not consent to the alienation of any of the Church Lands but Anselme could not be brought to consent that the Church should be any ways spoiled of its Lands or Rights Hence arose the first difference [8.] Ibidem The cause of the first difference between the King and Lanfranc between the King and him about his Dignity Bishoprick and Prelatship which remained undermined during the Kings Life yet at present being urged by the [9.] Ib. n. 30. Clamour of all Men concerning the ruine and destruction of Churches A Council of the Nobility at Winchester Arch-Bishop Ansâ—lm did Homage to the King he held a Council of his Nobility at Winchester and by many great Promises of what he would do for the Church of God he perswaded Anselme to take upon him the Primacy of the English Church who induced by the Example of his Predecessor according to the Custom of the Land [3.] Eadm fol. 20. n. 30. Homo Regis factus est did Homage to the King as Lanfranc had done in his time and it was Commanded he should have seizen of the whole Arch-Bishoprick After [4.] Ibid fol. 21. lin 4. which going to take possession of it Thomas Arch-Bishop of York and all the Bishops of England met at Canterbury where he was Consecrated the Fourth of December 1093. [5.] Ibidem fol. 21. n. 30 40. fol. 22. n. 10. The King went into Normandy to take it from his Brother At that time the King endeavouring to take away Normandy from his Brother Robert wanted a great Sum of Money to accomplish his design and the new Arch-Bishop offered him 500 l. towards his Expedition which the King refused expecting at least twice so much And the King [6.] Ibid. fol. 24. n. 10 20. He presseth the King to restore the Church to its Pristine State preparing for his Voyage he expostulates with him about restoring the Church to its Pristine State and Condition which was lost and for the making Abbats in the Monasteries that were void [7.] Ibid. fol. 25. n. 10 20. Anselm falls from the Kings favour The King refuseth his Prayers and Blessings The King returns out of Normandy without success but would part with no Money not what he once offered although pressed by other Bishops saying he had given the greatest part of it to the Poor whereupon he fell from the
Wind and when he and his Retinue were ready to take Ship [6.] Ibidem n. 20. 3â— His Arch-Bishoprick is seized their Bags and Sachells were all searched by William Warlewast who was sent from the King with order to do it and presently after he was gone his Arch-Bishoprick and all that belonged to him was seized to the Kings use Anselm coming to Lyons in France sent an Epistle [7.] In Append. n. 17. Anselms Complaints to the Pope concerning the Kings usage of him and of the Church Lands to the Pope setting forth his Grievances and Complainings of the King that he gave the Lands of the Arch Bishoprick which he held in his hands after the death of Lanfranc to his Knights or Soldiers and did not restore them to him as Lanfranc held them that he exacted grievous Services from him such as his Predecessors knew not and such as he could not nor ought not to bear and that he overturned the Laws of God and Canonical Apostolick Authorities with his voluntary Customs and would not give him leave to come to his Fatherhood to seek Redress or ask Advice what he should do c. When [8.] Eadm fol. 45. n. 20. The Pope writes to King William and Commands him to restore to Anselm what was taken from him he came to Rome and was decently received by the Pope he was asked the cause of his coming thither which he rehearsed in the same order he had wrote it in his Epistle The Pope promiseth him Relief and wrote Letters to King William in which he Moved Exhorted and Commanded him to restore to Anselm what he ought to have and what was taken from him To the same purpose Anselm wrote to the King and sent his Letters with the Popes [9.] Ib. f. 48. n. 20 30 c. Anselm seems weary of his Dignity The Pope chargeth him by vertue of his Obedience to keep it Before the return of the Messenger that carried these Letters he made a great Complaint and seemed weary of his Dignity in England and desired of the Pope to be discharged of it but the Pope would not consent charging him by vertue of his Obedience that wherever he were he should bear both the Name and Honour of the Arch-Bishop of Canterbury [1.] Ibidem fol. 49. lin 4. And threatens to smite the King with St. Peters Sword An. Do. 1098. And for the King of England said he and others like him which have erected themselves against the Liberty of the Church We shall Censure and smite them with St. Peters Sword in the next Council which I have appointed at Bar on the First of October where you shall be present [2.] Ibidem fol. 50. n. 10. In the Council of Bar it was Decreed the King should be Excommunicated In this Council it was Decreed that King William should be Excommunicated and Anathematized which Anselm hearing fell down upon his Knees before the Pope and with much difficulty obtained the Revocation of that Sentence This [3.] Ibidem fol. 51. n. 40. Council being ended the Pope with Anselm departed to Rome where they found the Messenger that carried the Letters to King William who told them that with much ado he received the Popes Letters but would by no means receive Anselms and perceiving the Messenger to be a Retainer to Anselm he Sware by Gods Face that if presently he did not depart the Kingdom he should have his Eyes pulled out The King unwilling to return an Answer by this Messenger [4.] Ibidem n. 50 The King sent William Warlewast to answer for him to the Pope sent William Warlewast to Answer for him to the Pope who declared unto him That his Master the King wondred not a little why he should so much urge the Restitution of Anselm seeing it was expressly told him that if he departed out of England without Licence the King would seize his whole Arch-Bishoprick [5.] Ibidem fol. 52. lin 1. The Pope asked whether there was any thing else against Anselm than that he had appealed to the Apostolick See and came thither without his Kings leave He answered No. Wonderful said the Pope The Pope again threatens to Excommunicate the King Have you come thus far to tell me this Return and that quickly and command your King on the behalf of St. Peter that if he will not be Excommunicate he restore Anselm wholly to all things and let me know his Resolution before the next Council which shall be in the third week after Easter in this City Otherwise let him certainly know he shall in that Council receive such Sentence of * Damnationis Sententiae Condemnation as he deserves [6.] Ibidem n. 10. Hereupon the Kings Agent William said he had private Instructions to impart to him and remained many days in Rome in which time he so well managed this Affair [7.] Ibidem Watlewast by Gifts procures the Censure of the King to be deserred that with Gifts and Promises he procured many to favour his Cause and so altered the Popes mind that to the satisfaction of his Master the prosecution of this Cause was deferred until Michaelmass following it being then the time of the Solemnity of Christs Nativity In the third week after Easter An. Do. 1099. A Council at Rome the Pope as he had appointed held a Council at Rome in which [8.] Ibidem n. 40 50. though Anselms Cause was propounded and vehemently urged yet nothing was done in it particularly to the advantage of Anselm yet after he made great use of [9.] Ib. f. 53. n. 10 20. A Decree against receiving Investitures from Lay-Men a general Decree That as well all Lay-Persons that should give Investiture of Churches as those that received them also all those who should do Homage and vield themselves in subjection to Lay-Men for Ecclesiastical Livings should be Excommunicate Eadmer who accompanied Anselm in all his Travels [1.] Ibidem says he was present in this Council and saw and heard this Decree passed and confirmed The Council then ending [2.] Ibidem n. 30. Anselm goes from Rome and fixeth himself at Lyons the day following Anselm receiving no Assistance nor Relief from the Pope with his Licence departed from Rome to Lions and there fixed his Habitation without all hope of returning to England while William was King where he remained until the death of Pope [3.] Ibid. fol. 54. lin 2. Vrban which happened * Onuph Chr. Pont. Roman the Thirtieth of July 1099. before the time King Williams Answer was expected and afterwards until the death of the King Eadmer first of all Historians from common fame [4.] Fol. 46. n. 50. fol. 47. lin 1. n. 10. King William Rufus accused of Judaizing writes That the Jews at Rouen applied themselves to William and by Money prevailed with him to compel the Christian Proselites to return again to Judaism and more particularly that the Father
the Enemies of the Church sent Ambassadors to Philip King of France and called to him Geofrey Martell Earl of Anjou and Manfully Chastised the Enemies of the Church In the year 1106 in the [8.] Ibid. fol. 818. C. D. He attempts the Conquest of Normandy Spring King Henry went again into Normandy with design to take it from his Brother Robert and having Hired Elias Earl of Main and his Forces besieged the City Bayeux of which Gunter Dauney was Governor he went out to the King and delivered to him Robert Fitz-Haymon whom he had taken Prisoner some time before but would not deliver the City He burns the City of Bayeux forthwith the King attempts fires and burns it to the ground took the Governor and Garison Prisoners The Governors of other places were much affrighted at the destruction of this City and the People of Caen the King marching to them Caen yields to him sent to him and yielded upon Summons expelling Engeran Fitz-Ilbert their Governor For this Service the King gave to four of the chief Citizens Dalington in England worth Fourscore Pounds per Annum From hence he proceeds to Falais but had not the same success Falais beats off his Army having been beaten off by the Garison In the mean time [9.] Malms f. 88. b. n. 40 50. William Earl of Mortain demands the Earldom of Kent William Earl of Mortaigne Son of Robert the Kings Uncle not content with two Earldoms that in Normandy and Cornwall in England demanded of the King the Earldom of Kent which his Uncle Odo sometime held who not only refused what he asked but by Judicial Proceeding took from him what he held The King takes from him the Earldom of Cornwall without right For this being in great fury with the King he went into Normandy [1.] Ib f. 89. a. n. 10. He joyned himself to the Duke and Robert de Belism and joyned himself to the Dukes Party and with Robert de Belism and others firmly adhered to him and with Fire and Sword prosecuted King Henry's Friends for which he took away from him all he had in England and levell'd his Castles with the Ground [2.] Ord. Vit. f. 819. D. 820. A. B. The King streightens Tenerchebray And a while after gathered some Forces together in Normandy built a Fort near his Town of Tenerchebray now Tinchebray and put a Garison into it with intention so to streighten it as to make it yield Notwithstanding William being a stout young Man with some Companies of Soldiers relieved it at which the King was much angry and calling together his Army laid Siege to the Town whereupon Earl William sollicited the Duke Robert de Belism The Duke c. endeavours to relieve it and other his Friends for Assistance to raise it and he obtained it There were with the Duke besides these two great Earls Robert de Stoteville William de Ferrariis and many others with their Forces The King had with him Elias Earl of Main William Earl of Eureux Robert Earl of Mellent William Earl of Warren and these great Barons Ranulph of Bayeux Ralph de â—onches Robert de Monteforti and Robert de Grentmaisnil and many others with their Clients There were more Knights or Horsemen on the Kings Party and most Foot on the Dukes Before this place they came to a Battle The Battle of Tenerchebray The Dukes Army routed wherein the Dukes Army was routed The particulars of which Victory will appear in King Henry's Letter to Arch-Bishop Anselm which will be presently mentioned The disagreement in Chronology between the English and Norman Monks As to the certainty of the time of these Transactions neither the English or Norman Monks do exactly agree one with another but certain it is that King Henry plied between England and Normandy according to the exigency of Affairs [3.] F. 80. â—in 1. Eadmer reports that he was in Normandy in the year 1104. and almost subdued all of it the People having a mean Esteem of his Brother and that almost all the great Normans presently upon his coming despising their Lord the Duke quitting their Faith they ought him ran after the Kings Gold and Silver and delivered him Cities Castles and Towns [4.] Ibid. fol. 83. n. 20 30. But not being at that time able to Conquer the whole Dukedom he returned into England that he might furnish himself with Money sufficient to subdue what remained under the power of his Brother King Henry used strange ways for raising Money and so totally disinherit him In the Collection of this Money new ways and strange Exactions were used new and unheard of Forfeitures were invented which reduced the People to great Misery not daring to plead against the King and such as would or could not pay were imprisoned and tortured [5.] Ibidem fol. 84. lin 3 4. n. 20. These Exactions fell hard upon the Clergy by which he lost their good opinion and brought an odium upon [6.] Fol. 85. n. 10. himself He observing these things hastned his Reconciliation with Anselm who coming into [7.] Ibid. fol. 89. n. 40. f. 90. n. 10. King Henry gives Anselm an Account of his Victory of Tenerchebray England the King wrote to him a Letter of his Victory at Tenerchebray in which he tells him that Robert Earl of Normandy with all his Troops of Horse and Foot that he could either by Intreaty or Money get together at an appointed time fought sharply with him before Tenerchebray That he had beaten him with small loss on his side and that Divine Mercy had given into his hands the Duke of Normandy The Particulars of that Victory Vsque ad 400 Milites 10 Millia peditum and Earl of Mortain William Crispin William Ferrers Robert Stotevile the elder and others to the number of 400 Knights or Horsemen and Ten thousand Foot together with Normandy it self [8.] Ibid. fol. 90. n. 20 30. Robert Duke of Normandy sent Prisoner into England Many ascribed the obtaining of this Victory to the Peace he made with Anselm after which having settled his Affairs there sending before him the Duke and Earl of Mortain in safe Custody he returned into England a while after [9.] Malms f. 89. a. n. 30. This Battle was fought the day before Michaelmass-day In the [1.] Ord. Vit. f. 822. A. A great Council called in Normandy middle of October the King came to Lisieux Convened all the Optimates or Chief Men of Normandy and held a most profitable Council for the Church of God wherein he Decreed by Royal Sanction That there should be firm Peace kept throughout all the parts of Normandy That all Rapacities Robberies and forcible Entries and Warlike Invasions upon Estates being suppressed all Churches might enjoy their Possessions as they did the day his Father died and that other Lawful Heirs might possess theirs He took into his own possession all his
words Threats and Bribery broke off the Match He also sent subtil Disputants that moved Controversies about their Consanguinity for which it was determined That by the Christian Law they ought not be joyned together [2.] Ibidem for Richard Duke of Normandy begot Robert and Robert William the Bastard who begot Robert the Father of Prince William and Robert Arch-Bishop of Rouen and Earl of Eureux and Brother of Duke Richard begot Richard Earl of Eureux and Richard Agnes the Wife of Simon which was Mother to Bertrade the Mother of Fulke the Father of Sibyll Thus by the discovery of the Parentage of William and Sibyll the long desired Marriage was frustrated Almeric de Monteforti or Earl of Montfort Son of Simon who Married Agnes [3.] Gemet l. 8. c. 17. Script Norm f. 1092. Ord. f. 843. B. Sister and Heir to William Earl of Eureux [4.] Ibidem f. 834. who died without Issue after the death of his Uncle was Heir to that Earldom but having displeased the King he took it from him into his own possession for which reason so soon as he had opportunity he thought to revenge himself upon him and [5.] Ibidem 840. D. instigated Fulke Earl of Anjou his Nephew [6.] Gemet lib. 8. C. 38. by his Sister Bertrade who was then grown considerable by the accession of the Earldom of Main by the [7.] Orderic ut supra War against Normandy Anno Domini 1112 or 1113. Daughter and Heir of Elias to make War upon Normandy and implored the help of the King of France By the good Management Wealth and Force of Henry his Enemies were soon broken and their designs frustrated together with the Concurrence of his Nephew Tedbald Earl of Blois who at that time made War upon the King of France and gave him a Diversion Robert de Belism King Henry's constant Enemy [8.] Ibidem fol. 844. A. Robert de Belism impeached was in this Design with the Earl of Anjou and fell into the Kings hands and on the Fourth of November was impeached of breach of Faith for not appearing in Court being thrice called for not yielding an account of the Kings Rents in the Viscounty of Argemon and Hiesmes and what belonged to Falais as the Kings Viscount or Sheriff And imprisoned by Judgment of the Kings Court. and Officer and for other Crimes which he could not deny for which he was by the just Judgment of the Kings Court committed close Prisoner [9.] Ibid. B. Presently after the King besieged and took in Alencon This War [1.] Ibidem The Earl of Anjou submits to the King does him Homage and receives from him the Earldom of Main continued not long for in the first week of Lent Fulke Earl of Anjou came into the Territory of Alencon and Swore Fealty to King Henry did him Homage and received from him the Earldom of Main and gave his Daughter to Prince William the Kings Son and the King gave him the Earldom of Eureux yet received into favour Almeric de Monteforti whose by right it was and William Crispin who had done much against him This being done [2.] Ibid. C. Peace between the Kings of England and France the two Kings of England and France came together at Gisors and struck up a Peace Then Lewis gave to King Henry Belism the Earldom of Main and all Britany for which Fergan Duke of the Britans did him Homage and the King promised his Daughter to Conan his Son and now it was according to * Fol. 90. b. n. 10. Prince William does Homage to the King of France for Normandy Malmsbury that Prince William did Homage to the King of France for Normandy acknowledging he was to hold that Province of him by Lawful Right Notwithstanding [3.] Ibid. D. these Renditions and great Submissions made to King Henry yet Hameric de Villery and other Proceres or great Tenents of the Honour or Earldom of Belism to whom William Talvane the Son of Robert de Belism had committed the guard of that place while he went to secure his Earldom of (e) His Father [9.] Script Nor. f. 1093. Gemet lib. 8. c. 35. Robert Married Agnes Daughter and Heir to Wido Earl of Pantheu Pontheu trusting to the Strength of it and multitude of Dependents prepared to resist him Henry drew together the Army of all Normandy and besieged the Town on the First of May and beyond expectation Tedbald Earl of Blois Fulke of Anjou (f) He was also Earl of [1.] Gemet lib. 8. c. 29. c. 35. Perch and Married Maude a Natural Daughter of King Henry to whom after he took it he gave the Town of Belism and the Territory belonging to it Rotro Earl of Mortain in Perche and other famous Optimates or Worthies came with Aid to the Normans invested the Town and within three days took it by Assault [4.] Ibidem fol. 842. A. King Henry made a compleat Conquest of Normandy Thus King Henry Conquered Normandy and having made firm Peace with all his Neighbours came back into England and governed both Kingdom and Dukedom in great Tranquility for five years [5.] Flor. Wig. fol. 656. Anno Domini 1113. He landed in England in the Month of July and brought with him Robert de Belism who was kept Prisoner at Warham King Henry had many Expeditions against the Welsh always prone to Rebellion or rather to assert their own Liberties and with the following Contrivance much diverted their Incursions into England [6.] Malms fol. 89. n. 20 30 40. Flor. Wig. fol. 656. An. Do. 1114. He removes the Flemmings into Wales There were many Flemmings come over into England besides what came over with the Conqueror in the time and by the favour of this Kings Mother Queen Maude Daughter to the Earl of Flanders and so many as they became burthensom to the Nation These he transported into Wales with their Goods and Families and gave them the Country of Ross where to this day they speak a different Language from the Welsh which is the best part of Pembrokeshire for their Habitation that he might both clear his Kingdom of them To check the Insurrections of the Welsh and that they might check the fury and Insurrections of the Welsh Yet this contrivance he thought not a sufficient security against them but demanded and received as Hostages the Sons of their Nobility and besides they were forced to purchase his favour with a Tribute of some Money and much Cattle After these Successes he [7.] Ibidem fol. 657. An. Do. 1116. caused the Optimates or Earls and Barons of all England to meet at Salisbury on the Nineteenth day of March and in his presence to do Homage and Swear Fealty to his Son William Eadmer [1.] Fol. 117. n. 30 40. A great meeting at Salisbury The Laymen readily Swear Fealty and do Homage to Prince William The Bishops make fair Promises
William Crispin were taken [1.] Ibid. fol. 855. A. The King of France was alone and lost in a Wood from whence a Country Man conveyed him to Audeley whether the remains of his routed Army was retired In this Battle were [2.] Ibidem fol. 884. D. But 900 Horsemen on both sides but 900 Milites or Horsemen on both sides unless perhaps there might be so many Milites besides their Retinue and they accounted a great number whereof only three were killed for they were so Cloathed with Iron as they could scarce be in danger [3.] Ibidem fol. 885. B. King Lewis his Standard was here taken and King Henry bought it of him that took it for 20 Marks which he kept as a token of the Victory His Horse also was taken which was sent back next day with his Saddle Bridle and whole Furniture And Prince William sent likewise his Cousen William the Son of Duke Robert his Horse which he had lost with many other Gifts When King Lewis [4.] Ibid. D. Almeric de Monteforti perswades King Lewis to raise a new Army returned to Paris Almeric de Monteforti who was not in this Fight came to Visit and Comfort him being much dejected at his ill fortune in their Discourse he encouraged him to attack his Enemies again and advised him to send to the Bishops Earls and other great Persons of the Kingdom and then the Priests with their Parochians by the Bishops Directions would go with him whether he should Command them that so by a common Army he might take revenge upon his publick Enemies and promised the utmost of his own and his Friends Assistance [5.] Ibidem fol. 886. A. The King being well pleased followed his Advice and forthwith sent his Edict to the Bishops who readily obeyed it and Anathematized the Priests and Parishioners of their several Diocesses if they went not with the King at the time he should appoint with their whole Strength against the Rebellious Normans They came from Burgundy [6.] Ibidem B. C. Berry Paris the Countries of Orleance Vermandois Beavais Laudun and le Estamps and other places as Wolves to their Prey and committed strange Outrages in their March which the Bishops permitted out of hatred to the Normans To these the King joyned an Army which he gathered from Noyon and the Isle from Tournay and Arras from Gournay and Clermont and from all the Provinces of France and Flanders The French besiege Breteul that he might restore to their ancient Honours all such as were in exile for the sake of William the Son of Duke Robert With this Army he laid Siege to Bretteuill or Breteul which is in the heart of Normandy The Governor of this place was Ralph de Guader a Britain The Valour of Ralph de Guader Governor of Breteul who valiantly sallied out upon and fought with them and commanded all the Gates of the Castle to be opened but none could enter such was the courage of the Defendants At three of the Gates there was a sharp and obstinate Conflict and many sell on both sides King Henry so soon as he heard [7.] Ibidem C. D. the French were returned into Normandy sent his Son Richard with a Supply of 200 Milites or Horse to Ralph de Guader which being discovered the courage of the Assaylants began to fail them The brave Governor went from Gate to Gate to encourage and aid his Soldiers and often changed his Armour that he might not be known The King followed his Son and those he had sent before with a great Army and resolved to fight the great Body of the French But they despairing of taking the Town were forced to return into France The French march home carrying back nothing besides plundred Goods but Ignominy and Blows [8.] Ibidem fol. 857. A. William de Chaumont the King of France his Son in Law and other haughty Soldiers much moved at their ill success before Breteul in their march home set upon the Castle of Tiliers where Gilbert the Castâ—llan suddenly sallied out upon them and took William Prisoner for whose Redemption he had 200 Marks of Silver Others also of his Company he surprised and the rest fled with disgrace Upon this success [9.] Ibidem B. C. Richer de Aquila a great Baron submitted to the King and by the Mediation of his Uncle Rotro Earl of Perch obtained his Fathers Estate both in England and Normandy The Castellans of Gloz and Lire followed his Example made their Peace and delivered them up to King Henry In the midst of [1.] Ibid. D. An. Do. 1119. October (g) This Pope was [2.] Orderic f. 848. A. Guido Arch-Bishop of Vienne in Dauphin seated upon the River Rhone a Frenchman and chosen the Second of February then last past he was Son to William Duke of Burgundy whose Mother was Alice Daughter of Richard the Second Duke of Normandy Calixtus the Pope with the Roman (h) By the Roman Senate Ordericus means * Ibidem the Colledge of Cardinals many of whom he names and says it was their special Prerogative to chose and Consecrate the Pope Senate came to Rhemes stayed there fifteen days and held a Council There were fifteen Arch-Bishops and more than two hundred Bishops An Ecclesiastical Council at Rhemes with many Abbats and Dignified Men of the Church for by the Popes Command they were called out of Italy Germany France Spain Britany and England the Isles of the Ocean and all the Western Provinces [3.] Ibidem King Henry's Prohibition and Directions to his Bishops in this Council The King of England indeed permitted the Bishops of his Kingdom to go to the Synod but did altogether prohibite them to make any Complaints of any sort whatever telling them he would do every one that complained Right in his own Land [4.] Ibid. fol. 858. A. That he paid yearly the Revenue those that had gone before him had granted to the Roman Church And yet says he I hold the Priviledges in like manner acknowledged due to me in ancient times declaring the further Liberty he gave them in these words Go ye salute the Pope in my name and only hear his Apostolical Precepts but bring none of his new Inventions into my Kingdom In this Council the King of France accompanied with his [5.] Ibidem C. D. The King of France in this Council complains of the King of England Barons came and made his Complaint against King Henry That he was his Confederate and yet committed many Spoils and Rapines upon his Subjects That he violently invaded Normandy that was a Fee of his Kingdom That against all Law and Right he detestably Treated Robert Duke of Normandy that was his Vassal and Henry's Lord and Brother That he had taken and a long time detained him in Prison And behold says he William the Son of the Duke who I present here before you he hath utterly disinherited and banished By
Bishops and Earls I have required him to deliver me the Captive Duke but could not obtain my desire I sent Robert de Belism to him on several Messages he secured him in his Court cast him into Bonds and yet keeps him Prisoner Earl Tedbald is my Vassal and yet by the instigation of his Uncle he riseth up against me and being inflated by his Power and Riches Rebelled and made grievous War against me and my Kingdom and much more to this purpose [6.] Ibidem fol. 859. B. All the French Clergy in this Council justified what he said yet Geofrey Arch-Bishop of Rouen and all the Norman Bishops and Abbats rose up to make his defence and excuse him but could not be heard In this Juncture [7.] Ibid. fol. 863. C. D. Tedbald Earl of Blois reconciles the Noble Normans to King Henry Tedbald Earl of Blois the Kings Nephew made it his business to reconcile all dissenting Persons to the King and brought to him Almaric de Montfort who was received into his favour and restored to the whole Earldom of his Uncle William Eustachius also and Julian his Wife the Kings Natural Daughter were at that time restored to his Grace and their Lands except Breteul which for his faithful Service the King had given to his Kinsman Ralph de Guader in recompence whereof he gave him yearly 200 Marks of Silver in England Hugh de Gournay and Robert de Newburgh with the rest of King Henry's Enemies came in and were graciously received Only Stephen Earl of Albamarle stood out who seeing the King coming against him with an Army by Advice of his Friends humbly satisfied him and thereupon to his own satisfaction was pardoned When this Council was ended in [8.] Ibid. fol. 864. D. 865. A. B. The Pope moves King Henry to restore his Brother Robert and his Son November following the Pope came into Normandy and met King Henry at Gisors to Treat of Peace He told him by the Law of God every Man ought to enjoy his Right and that it was his Desire and the Request of the Council that he should free Robert his Brother from his Bonds and restore him and his Son William to the Dukedom He [9.] Ibidem C. D. His Answer to the Pope Answers the Pope that he did not take the Dukedom from his Brother but only secured his Fathers Inheritance which was given away to Dissolute Men Thieves and Robbers That he was called into Normandy by the Bishops Clergy and Religious to prevent the desolation of the Church and that what he did was not out of choice but by compulsion and invitation The Pope satisfied with his Answer to preserve the Country from desolation and ruine With this Answer which was the same the Norman Bishops would have given in the Council to the King of France the [1.] Ibidem fol. 866. B. Pope was satisfied and approved what he had done and said he had heard enough of the Duke and his Son And so leaving them to shift for themselves his next [2.] Ibid. fol. 866. B. C D. The Pope makes Peace between the Kings of France and England work was to strike up a Peace between the two Kings which was suddenly accomplished without the least cavil exception or difficulty all Castles and Strong Holds taken in the time of War being mutually delivered and Prisoners on both sides set at liberty The War being [3.] Ibidem fol. 867. C. King Henry comes for England ended and things well setled in Normandy King Henry commanded a Fleet to be prepared and many Military Men of all sorts that had served him well and faithfully to accompany him into England where he intended to bestow on some large Rewards and to raise others to great Honours At this time Ralph de Guader who had the Town of Montfort and other Towns and great Possessions in Britany upon the Kings consent and good will offered his Daughter in Marriage to his Natural Son Richard and with her the Towns and Castles of Breteul Gloz and Lire and his whole Honour in Normandy Which intended Marriage was never compleated When the Fleet [4.] Ibid. D. was ready in the Port of Bartaflot now Barfleur the King with a noble splendid Train the Wind at South set Sail on the Twenty fifth of November in the Evening and landed in England next Morning His Sons William and Richard had not the same good fortune for being in another Vessel called the White Ship whereof one Thomas Fitz-Stephen was Captain or Master [5.] Ibidem fol 668. A. Prince William c. with 300 Persons drowned who pretended to hold his Place or Office in Fee both Master and Mariners had got too much Wine in their Heads and striving to be the foremost Ship in the Fleet run upon a Rock and split the Ship so as she presently sunk with near 300 Persons in her [6.] Ibidem f. 870. A. B. Amongst whom were as before noted Prince William his half Brother Richard and his half Sister Maude the Wife of Rotro Earl of Mortain in Perch Richard Earl of Chester and many of the young Nobility who chose that Ship for the Company sake The King [7.] Ibidem fol. 871. A. distributed the Honours and Estates of such as perished in this Shipwrack very providently for he Married their Widows Daughters and Nieces to his Courtiers and Soldiers and gave with them their Patrimonies King Henry [8.] Ibidem A. D. 1120. having lost his Wife and Son by the Counsel of his Wise Men resolved to Marry and chose for his Wife Alice the fair Daughter of Godfrey Duke of Lovain She continued his Queen fifteen years but never bare him any Children Many [9.] Ibidem f. 875. C.D. An. Do. 1122. A new Contrivance against King Henry observing that King Henry had no Issue Male looked towards William Duke Roberts Son and endeavoured to set him up Amongst whom was Gualeran and Robert the Sons of Robert Earl of Mellent who had been Educated in the Kings Court and used as tenderly as his own Children and were both Knighted by him Gualeran besides his Fathers Estate the Earldom of Mellent in France had Beaumont and the Patrimony belonging to it in Normandy His Brother Robert had the Earldom of Leicester in England to whom the King gave Amicia the Daughter of Ralph de Guader which had been Contracted to his Son Richard and Breteul in Normandy with all the Estate appertaining to that Others of the [1.] Ibid. fol. 876. A. B. C. The Confederates Confederacy were Almaric de Monteforti Earl of Eureux the Kings perpetual Foe Hugo de Monteforti Hugo de Novo-Castello or New-Castle William Lupell Baldric de Braye and Pagan de Gisors c. who met in September and entred into a general Conspiracy The King [2.] Ibid. D. An. Do. 1122. Civil War in Normandy understood their Designs and in October summoned together a great Force at Rouen and on
three years [9.] Orderic f. 89â— D. Contin ad Florent f. 665. An. Do. 1134. and about four Months and in the mean time his Brother Robert died on the Tenth of February in the Castle of Cardif in Wales after he had been Prisoner Twenty eight years and was buried in St. Peters Church in Gloucester In the [1.] Ord. fol. 900. B. C. D. An. Do. 1135. Geofrey Duke of Anjou disturbs King Henry last year of his Reign hearing strange news of the Insurrections of the Welsh he thrice endeavoured with a choice number of Bowmen and others to come for England but was diverted by his Son in Law Geofry (i) When his Father in Law Fulke was made King of Jerusalem and Prince of Antioch he gave to him Anjou and all his Territories in France Duke of Anjou who affected the great Treasures of his Father in Law and demanded Normandy affirming that was the Agreement he made with him when he Married his Daughter He despised the Kings Admonitions and Advice and so far provoked him that he had thought of taking his Daughter from him and carrying her into England He besieged Roscelin Viscount of Beaumont in Mans Son in Law to the King and burnt that Town down to the ground This was the Origin of great Dissentions in Normandy and William Talvace Talvace and Toeny Incendiaries King Henry keeps them in awe and Roger de Toeny or Todeny were suspected to be the chief Incendiaries in these Broils The King placed a good Garison in the Town of Conches that was Todeney's chief Strength which kept him quiet Talvace he often summoned to his Court who refused to come whereupon he seized all his Lands And thus deprived of all his Honours he went to the Earl of Anjou and lived in his Country The King from the beginning of August till the Feast of All-Saints went about and viewed the Country of Seez and took into his possession Alencon and Almenesche and other Castles belonging to Talvace On the [2.] Ibid. fol. 901. B. C. Twenty fifth of November he came to Lions Castle and ordered his Huntsmen to Hunt in that Forest the day following but that night he fell sick and died the First of December King Henry dies being Sunday His Body was brought into England and buried in the Monastery of Reading He orders all Exiles to be restored pardons all Mulcts and Forfeitures Before his death he ordered that all Forfeitures or Mulcts should be forgiven all Exiles restored to their Country and that all Men whose Estates had been seized should enjoy them again He directed also his Son Robert who had the Custody of his Treasure at Falais that he should distribute 60000 l. amongst his Servants and Stipendiary Knights or Horsemen The noise of his Sickness drew the Noblemen about him and there were present [3.] Ibidem five Earls Robert of Gloucester William de Warrenna Rotro Earl of Mortain in Perch Waleran of Mellent and Robert of Leycester aliique Proceres Tribuni Nobilesque Oppidan other Noblemen great Commanders and Noble (k) 'T is frequent with Ordericus Vitalis to call Castellans or Governors of Towns and Castles Oppiandi especially in the twelfth and thirteenth Books of his History Lib. 12. fol. 853. B. fol. 850. C. fol. 843. C. Castellans These ask the King about his Successor [4.] Malms Hist Novell fol. 100. b. n. 30. He names his Daughter to the Succession No Rebellions in England during his absence in Normandy by reason he was kind to the Clergy and rigorous to Seculars and he adjudged all his Land in England and France to his Daughter by lawful and perpetual Succession being angry with her Husband because he had provoked him by several injuries The King was in Normandy far the greatest part of his Reign yet never had Insurrection or Rebellion against him in England which is to be imputed to his favour and kindness to the Clergy the Bishops especially who were therefore his Friends and to the rigorous Execution of his Secular Government [5.] Ibidem fol. 91. b. n. 10 20 30. for he was inflexible in the rigor of Justice and never suffered any thing committed by Delinquents not consentaneous to his Dignity to go unpunished These were the meer Secular Actions of this King what he had to do with the Ecclesiasticks compleats his Story and acquaints us with the foundation of all the Rebellious Actions and Practises first of the Clergy and then of the Temporal Barons by their instigation which will be related in the following History Church Story ON the [6.] Eadm f. 55. n. 30. f. 56. lin 1. An. Do. 1100. Anselm refuseth to do Homage to the King Twenty third of September Anselm landed at Dover and a few days after went to the King at Salisbury and was kindly received by him But required to do Homage to the King as by Custom it had been done to his Ancestors and receive the Arch-Bishoprick from his Hands Answered He neither would or could do it The reason of his denial having been demanded he insisted on divers things which had been determined in the Council at [7.] Concil Rom. tertium Under Pope Vrban the II. Lab. Tom. 10. Col. 615 616 â—17 Denies him the right of Investitures Anselm would have the King obedient to the Pope Rome which if the King would receive and observe there should be a firm Peace between them but if otherwise he could not see that his stay in England was either honest or profitable especially if the King continued to dispose of Bishopricks and Abbacies for then he could neither come into the presence of the King or company of such as received them from him Neither as he said did he return into England to reside there unless the King would be obedient to the Pope [8.] Eadm ut supra n. 10 20. Who hearing these things was much troubled esteeming it a great matter to lose the Investitures of Churches and Homage of Bishops thinking it also a grievous thing that Anselm should depart the Kingdom having scarce been confirmed in it In the first he should as it were lose half the Kingdom and in permitting the second he was afraid lest Anselm should pass over Sea to his Brother Robert then come from Jerusalem and bring him into subjection to the Roman See which he knew was easie to be done and then make him King of England Upon these Verbal Altercations the further debate of the matter was respited until Easter that Messengers might on both sides be sent to the Pope to incline him to wave his Decrees and suffer the Custom of the Kingdom to have its course and the Church the mean time to remain in the same State it was Anselm knew it signified nothing to send Messengers yet to avoid suspicion from the King or great Men he consented to what they desired The Decrees of the Pope have been touched before and they were Sentences
Bec [9.] Ibid. f. 89. n. 30. An. Do. 1107. And promised not to take the Revenues of Churches when vacant And restores to Anselm the Revenues of the Arch-Bishoprick on the Fifteenth of August where he delivered free without any exaction the Churches which his Brother William had first put under Tribute or let to Farm and promised that he would not take the Profits of Churches when vacant and further promised in three years time to restore all the Money he had received from the Priests and likewise to Anselm all the Revenue of the Arch-Bishoprick which he had received during his Exile Things proceeding thus smoothly between the King and Anselm he came for England [1.] Ibidem n. 40 50. The observance of the Queen towards Anselm and landing at Dover was received with a general rejoycing and exultation of the People and the Queen was so officious and observant of him that she went before him from place to place and wherever the Monks and Canons of any Monastery came in Procession to meet him she went before and saw his Lodgings prepared and adorned While these Matters were in agitation the King was wonderfully [2.] Eadm in vita Anselmi lib. 2. fol. 30. col 1573. joyful that he was like to make Peace with Anselm and thought that thereby he should certainly Conquer all Normandy which he did for not long after coming to a Battle with his * Sept. 28. 1107. Brother Robert and other Princes and great Men of that Nation he took him and several of them Prisoners and also killed a great many and became a Conqueror of the whole Nation of which Victory [3.] Append. n. 29. he wrote Letters to Anselm and all who at that time heard what was done did ascribe it to the Merits of the Peace which the King made with Anselm After which Victory [4.] Ead. Hist f. 90. n. 30 40. A Council to dispose of the vacancies of Churches The King prorogues the Council the King came into England and at Easter the Principes or chief Men of the Land assembled at his Court about disposing the vacancy of Churches This Council the King prorogued until Whitsuntide for that the Pope was come into France and had sent for William and Baldwin the late Envoys of him and Anselm to come to the Council he held at Troyes The King suppossing he might have declared his mind in that Affair At which time the Arch-Bishop being sick the Council was again prorogued till the First of August It was then a [5.] Ibidem fol. 91. n. 10. A Dispensation from the Pope Constitution in the Roman Church that the Sons of Priests should not succeed their Fathers or enjoy Ecclesiastical Benefices but seeing there was a great number of such in England the Pope sent a [6.] Append. n. 30. Dispensation to Anselm that they might enjoy them For Priests Sons to hold Livings and that he might receive Richard Abbat of Ely into his Communion At the time according to the last Prorogation on the First of August [7.] Ibidem n. 20. An. Do. 1107. the Bishops Abbats and Proceres or great Men of the Kingdom met in the Kings Palace at London and for three days there was a Debate between the King and the Bishops about Investitures Anselm being absent all that time some perswading the King to act as his Father and Brother had done and not to regard the Command of the Pope The Pope grants the Clergy might do Homage who stood firm to the Decree concerning Investitures but granted that the Clergy might do Homage which had been also interdicted By which means he brought the King to part with his Right of Investitures [8.] Ibidem n. 30. The King parts with his Right of Investiture Afterward Anselm being present before the Multitude that was there the King consented and ordained That from that time forward neither Bishop nor Abbat should be invested by the Gift of the Pastoral Staff or Ring by himself or other Lay-Persons And Anselm likewise granted That no Man should be debarred of his Consecration by reason of the Homage he should do to the King This Agreement being made almost all vacant Churches were filled with Pastors by the Advice of Anselm and the Proceres or great Men of the Kingdom and they were Instituted by the King without Investiture by the Pastoral Staff or King [9.] Lib. 2. f. 30. col 1573. Eadmer in the Life of Anselm delivers the last Passage in other words thus All the Primores or Prime Men of England met in the Kings Palace at London and Anselm obtained the Victory concerning the Liberty of the Church for which he had long contended For the King leaving the usage of his Antecessors neither chose alone by himself such Persons as were to govern the Church neither invested them in their Churches by delivering their Pastoral Staff Anselm exacts Obedience of the Arch-Bishop of York In this Council Anselm exacted obedience and subjection of Gerard Arch-Bishop of York the King thought it sufficient if he performed the same obedience he promised when he was made Bishop of Hereford which Anselm accepted It was agreed in this [1.] Ibid. f. 92. n 10. Council That the Elects should be Consecrated and accordingly William Giffard Elect of Winchester Roger of Salisbury Reinelin of Hereford William Warlewast of Exceter Vrban of Landaff were Consecrated on Sunday the Eleventh of August and on that day according to the Popes Command he delivered to Ealdwin Abbat of Ramsey his Pastoral Staff of which he had been deprived [2.] Ibidem 67. n. 30. for Simony in the Council of London In the [3.] Ib. f. 94. n. 50. f. 95. n. 10 20 30 40. Anno Domini 1108. Solemnity of Pentecost following there was held a great Council of all the great Men of the Kingdom at London where Anselm and Thomas Elect of York for Gerard died coming to Court and all the Bishops of England did in the presence of King Henry by the assent of all his Barons Severe Laws made against Priests c. make severe Laws against Priests Arch-Deacons Deacons and Sub-Deacons that kept Women in their Houses or had Wives or Concubines and caused the Arch-Deacons and Deans to Swear to put those Laws in Execution against them or they should lose their Preferments The first Debate [4.] Ibidem about the largeness of the Diocess of Lincoln was in this Council and the King the Arch-Bishop and other Principes or chief Men of the Kingdom The Bishoprick of Ely taken out of the Bishoprick of Lincoln to make another Bishoprick out of it and to fix the Bishops Seat at Ely But though Anselm wrote to the Pope about it the design was not finished in his Life time [5.] Append. n. 31. yet not long after it was compleated and Hervy Bishop of Bangor was first made Bishop there Thomas Elect of York deferred his
Council [3.] Ibidem n. 30 40. King Henry hated the English by the Advice of his Bishops and Princes or great Men he supplied the vacancies of all Monasteries He so hated the English as he put in all Strangers and it was only their Country that kept them out If he were an Englishman no vertue whatever could make him be thought worthy of Preferment but if a Stranger any pretence to worth or slight testimony made him capable of great Dignity Again when [4.] Ibidem f. 113. n. 30. Anselm Nephew to Arch-Bishop Anselm brought his Pall from Rome which was on Sunday the Twenty sixth of June there came to the Metropolis the Bishops Abbats Nobles and an innumerable company of Men from all parts for these Solemnities never wanted the attendance of the Rabble and Multitude where there was plenty of good Meat and Liquor At the great Council held at [5.] Ibidem f. 117. n. 50. f. 118. n. 10 20. Flor. Wig. f. 656. Anno Domini 1115 1116. The Controversie between the Arch-Bishops of Canterbury and York Salisbury March 19. 1115. or as Florence of Worcester 1116. the Controversie between Ralph Arch-Bishop of Canterbury and Thurstan one of the Kings Chaplains or Clerks who had been elected at Winchester on the Fifteenth of August the year before to the Arch-Bishoprick of York was discussed This Elect was admonished to receive his Benediction from and do his Duty to the Church of Canterbury He answered he would willingly receive his Consecration but could by no means make the Profession his Predecessors had done Ralph not having patience to hear what was or might be said this matter remained undetermined Whereupon Thurstan sent to Rome to obtain a Dispensation for his Profession but prevailed not In the mean time the King taking notice of the obstinacy of Thurstan and that he presumed much upon his favour declared That unless he would make such Profession as his Antecessors had done and own the Dignity of the Church of Canterbury he should never be Consecrated or enjoy the Bishoprick of York He answered the King and Arch-Bishop That who ever was made Bishop there he would never so long as he lived pretend or claim any Title to it Amidst this Controversie about August Anselm that brought the Pall to the Arch-Bishop of Canterbury came into England [6.] Ibidem f. 118. n. 20 30. with the Popes Letters to be his Vicegerent or Legat. At which the Bishops Abbats and all the Nobility much admired and were called together at London before the Queen to Treat in a Common Council of this and other matters when it was resolved by all that the Arch-Bishop of Canterbury whom this business mostly concerned should go to the King and acquaint him with the ancient Custom and Liberty of the Kingdom and that if the King advised it he should go to Rome and annihilate these Novelties He complies with their Order and passeth over Sea to the King at Rouen where he found Anselm expecting passage into England but the King not suffering any violence or prejudice to be done to the Customs of England detained him in Normandy and would not permit him to go further The Arch-Bishop [7.] Ibidem f. 119. n. 40 50. f. 120. n. 10 c. goes on his Journey but being hindred by Sickness stayed much by the way and at last came not to the Pope who was then at Benevento in the Kingdom of Naples by reason of his infirmity but sent to him Messengers from Rome by whom he received the [8.] Append. n. 33. The Pope confirms the Priviledges of Canterbury Confirmation of all the Priviledges to the Church of Canterbury that Anselm enjoyed and so came back to the King at Rouen This Confirmation was dated at Benevento March 24. And the [9.] Ibidem n. 50. Clergy of the Church of York by their Sollicitors mad Application to the Pope for the Restitution of Thurstan without making Profession to the See of Canterbury but they only [1.] Ibidem f. 121. n. 10. Append. n. 34. obtained his Restitution by a Bull dated April the 5 th then next following Thurstan [2.] Ibidem f. 121. n. 30. having thus been restored to his Bishoprick after two years abode in Normandy returned into England but the Arch-Bishop of Canterbury staid with the King as did Anselm Peter-Pence collected in England until the Peter-Pence were collected in England which he carried with him to Rome About this time Pope [3.] Ibidem n. 40. Anno Domini 1118 Jan. 19. Antipopes Paschal died and John a Monk of Monte-Cassino in Naples who had been Chancellor to three former Popes was chosen by the name of Gelasius The Emperor set up Burdin Arch-Bishop of Braga in Spain by the name of Gregory and put him into possession of Rome Gelasius left [4.] Ibidem f. 122. n 40. f. 123. lin 2. Italy and came into France of which when Thurstan had notice he went to Rouen where the King rebuked him for coming over Sea without his leave and commanded him to proceed no further until the King knew certainly where the Pope was and would make his Residence The Messengers sent for that purpose return with the news of the Popes death after which the Cardinals and such as came with Gelasius into France chose Guido Arch-Bishop of Vienne in France who took upon him the name of Calixtus [5.] Ibidem n. 10 20. An. Do. 1119. England was much moved and divided concerning this diversity of Popes some maintained one some the other and some that neither was duely elected to the Papacy yet the French the King of England France and England receive Calixtus with the Arch-Bishop of Canterbury acknowledged Calixt and received him for Pope denying Gregory On the Nineteenth of October Calixt [6.] Ibidem f. 124. n. 30 40 50. An. Do. 1119 A Council at Rhemes held a Council at Rhemes where there was a great appearance of Arch-Bishops Bishops Abbats and Princes of divers Provinces with a numerous Multitude of Clerks and Plebeians The King sent to this Council the Norman Bishops and Abbats and all the English Bishops with him in Normandy William Bishop of Excester Ralph Bishop of Duresm Bernard of St. Davids and Vrban of Landaffe The Arch-Bishop of Canterbury was sick and could not go Thurstan also asked leave of the King that he might go but could not obtain it until he had obliged his Faith that he would procure nothing from the Pope prejudicial to the See of Canterbury or receive Episcopal Benediction from him But when he came there laying aside his faithful Promise by bribing of the Romans he obtained his desire Thurstan by Bribery is Consâ—crated by the Pope and was Consecrated Bishop by the Pope himself [7.] Ibidem f. 125. n. 10 20 30 40. notwithstanding the King by a special Messenger had before given him notice of the difference between Ralph and Thurstan as also of
the Twenty ninth year of his Reign this King [3.] Huntingd. f. 220. a. n. 10 20. The punishment of Priests permitted to the King He Compounds with them for the enjoyment of their Wives and Concubines Kiâ—g Henry's Taxations held a great Council on the First of August for the prohibiting of Priests to make use of their Wives or Concubines in which the Bishops and Clergy by the easiness of William Arch-Bishop of Canterbury granted to the King the Correction and Mulcts of the Priests for this Transgression He makes his advantage of it and upon Composition and a yearly payment permits them to enjoy their Wives and Concubines and by this means raised saith Huntingdon an infinite Sum of Money The extraordinary Taxations of this King are not particularly noted nor is it said how they were imposed In the Fourth year of his Reign [4.] Fol. 652. An. Do. 1104. Florence of Worcester says it was not easie to declare what misery England suffered by reason of the Kings Exactions In the Sixth year of his [5.] Eadm fol. 83. n. 30 40. Reign his Impositions were general and cruel according to Eadmers report and besides other rigorous Exactions from the Clergy he set a particular Sum upon every Parish Church and forced the Incumbent to pay it or according to the Historian to redeem the Church In the Eighth year of his Reign he had for the [6.] Hen. Hunt f. 217. b. n 10. Marriage of his Daughter Maude to the Emperor Henry the Fifth three Shillings of every Hide of Land in England which upon a just value at this day would be equal to 824850 l. In the Sixteenth year by reason of the Kings necessities England was oppressed with [7.] Ibidem f. 218. a. l. 6. Paris f. 67. lin 3. frequent and various Payments and Exactions I find no Scutage paid unless it were comprehended under Gelds and Exactions No doubt but it was often paid especially by such as did not accompany the King in his several Expeditions being summoned and sometimes also as an Aid at other times Besides his extraordinary Exactions if there be any credit to be given to the Laws attributed to this King or that are said to be in use in his time he had a constant annual Land Tax which is there called Danegeld of Twelve pence upon very (m) This Hidage or Danegeld was at first collected to hire Soldiers to repell the Danish Pirats upon their Landing Hidage or Danegeit what it was as it is said in the [1.] LL. Ed. C. 11. Laws attributed to Edward the Confessor But Florence of Worcester says more truly [2.] Flor. Wig. An. Do. 991. Ibid. in the same years that it was paid as a Composition and Tribute to the Danes that they might desist from their Rapines Burnings and killing of Men upon and near the Sea Coasts and for to have a firm Peace with them and that the first Payment made and Money given was 10000 l. in the year 991. In the year 994. they received 16000 l. Tribute in the year 1002. 24000 l. in the year 1007. 36000 l. in 1012. 48000 l. in 1014. 30000 l. in the year 1018. 72000 l. of all England and 10500 l. of London In this Kings Reign [3.] Lib. Nigr. in Scaccario Tit. 19. The price of Victuals in this Kings Reign Wheat to make Bread for One hundred Men one day was valued at one Shilling a Ram or Sheep at four Pence and the Allowance or Hay and Provender for twenty Horses one day at four Pence So that if we set things at twenty times the value now they were then that is that one Shilling or Groat then would buy as much as twenty Shillings or Groats will now and go as far in ordinary Expences which is no hard Account it follows that every 10000 l. then must be equal to 200000 l. In the time of the Heptarchy there were in England [4.] Cambd. Brit. f. 114. South of Humber 244400 Hides of Land bâ—sides what was in Wales and perhaps Cornwall and the five Counties beyond Humber Yorkshire Bishoprick of Durham Westmorland Cumberland Northumberland and part of Lancashire which at one Shilling per Hide amounts to 12220 l. which multiplied by twenty produceth 244400 l. and then allow the five Counties and part of Lancacashire to be the eighth part of the Nation Wales excluded there ought to be added 30550 l. more which makes the annual Tax of Hidage then at one Shilling per Hide equal to 274950 l. now Hide to be paid at certain Terms and a forfeiture set upon such as did not duely pay it Henry the First his Issue 1. HIS Lawful Issue by Maude of Scotland was only one Son named William who was drowned as aforesaid and died without Issue 2. One Daughter commonly called Maude the Empress because first Married to Hen. 5 th the Emperor Her second Husband was Geofry (n) Plantagenet or Plantagenist that is Planta genestae or Broom Plant Plantagenet the reason of the name because he wore in his Cap or Bonet a Sprig of Broom Plantagenet Earl of Anjou by whom she had Henry the Second King of England and two other Sons [3.] Chron. Norm 994. A. Geofry and [4.] Ibidem 999. C. William that died without Issue His Natural Children 1. RObert created Earl of Gloucester in the Ninth of Henry the First by [5.] Geneal Hist of the Kings of England fol. 45. Nesta Daughter of Rhees ap Tewdor Prince of South Wales 2. Richard begotten of the [6.] Ibidem fol. 30. Widow of one Anskil a Nobleman in Oxfordshire he was drown'd with Prince William his half Brother 3. Reynald created Earl of Cornwall in the Fifth of King Stephen was begotten of [7.] Fol. 50. Sibill Daughter of Sir Robert Corbet of Alcester in Gloucestershire 4. Robert by [8.] Fol. 30. Edith Daughter of a Northern Nobleman of England 5. Gilbert Ibid. f. 31. 6. William [9.] Ibidem de Tracey so named from a Town in Normandy who died soon after his Father 7. Henry by [1.] Ibidem Nesta aforesaid 8. Maude [2.] Ibidem f. 32. espoused to Rotro Earl of Perch who was Son to Arnulph de Hesding that had great Possessions in England 9. Another Maud [3.] Ibidem Married to Conan Earl of Britain 10. Julian [4.] Ibidem Married to Eustace de Pacie Bastard Son of William de Breteul eldest Son and Heir of William and elder Brother of Roger Earl of Hereford in England 11. Constance [5.] Ibidem f. 33. Wife of Roscelin Viscount of Beaumont so called from a Town in the County of Mayn 12. [6.] Ibidem Married to Matthew Son of Burchard of Montmorency from whom descended the ancient Family of that name 13. Elizabeth [7.] Ibidem by Elizabeth Sister of Waleran Earl of Mellent Married to Alexander King of Scots All these Base Children of this King are recounted in
Gemeticensis lib. 8. c. 29. THE REIGN OF King Stephen KING Stephen was third Son to Stephen [1.] Ord. Vit. f 573. D. 574. A. An. Do. 1135. Earl of Blois by Adela the fourth Daughter to William the Conqueror his Uncle King Henry made him Earl of [2.] Ibidem King Stephen Married the Daughter and Heir of the Earl of Bologn Mortaign in Normandy and gave him many Lands and Honours in England by reason of which Advantages and Preferments he became the Husband of the Daughter and Heir of [3.] Ibidem Eustachius Earl of Bologn After the death of King Henry he made haste into England and was too quick for Maud the Empress She was Daughter to Henry the First her Husband Geofry Earl of Anjou and her Brother Robert Earl of Gloucester who were delayed for some time with the Business of Anjou and Normandy [4.] Hen. Hun. f. 221. a. n. 50. Tempting God he invaded the Crown notwithstanding he had Sworn Fealty to the Daughter of King Henry as Inheritrix of the Kingdom of England And William Arch-Bishop of Canterbury who first sware to be faithful to her All the Bishops Earls and Barons consent to the Coronation of Stephen notwithstanding their Oath to Maud and do him Homage Crowned him on the 22 d of December King Henry dying the first of that Month in Normandy All the Bishops Earls and Great Men that made the same Oath to Maud assented to his Coronation and did Homage to him At that time he took an Oath â— First That after the deaths of [5.] Ibidem f. 221. b. n. 30 40. Stephens Oath at his Coronation Bishops he would never keep Bishopricks void for his own advantage but presently consenting â—to Canonical Election would invest Bishops in them â— Secondly That he would not retain the Woods of any Clerk or Layman in his hands as King Henry had done who every year impleaded or vexed them if either they Hunted in their own Woods or if for their own necessities they stubbed them up â—or diminished them â— Thirdly That he would for ever Release Danegelt that is two Shillings an Hide which his Predecessors were wont to receive â—every year Gervase of [6.] Col. 1340. n. 10. Canterbury says That coming over in a swift sayling Ship the People of Dover repulsed him and the Inhabitants of Canterbury shut their Gates against him and that the Londoners with some Great Men received him with Honour where in Discourse between Stephen and some of the Chief Men of England about the Succession of the Kingdom in the presence of William Arch-Bishop of Canterbury he said The Arch-Bishop scrupled the Coronation of Stephen and how he was satisfied Anno Domini 1135. That by reason of the Oath he had made to Maud the Empress he dare not Crown any other One of the most powerful Men of England standing by sware he was present when King Henry voluntarily and in good Faith released that Oath Which being heard Stephen was Elected by almost all of them and Crowned by Arch-Bishop William on the 22 d of December A more true and full Account how this Man obtained the Crown may be seen in the Exact History of Succession f. His Title such as it was he procured to be confirmed by the Popes Bull which may be found in the History of Richard Prior of Hagustald Col. 313. n. 30. He found a vast Treasure that King Henry had left [7.] Malmsb f. 101. a.n. 50. King Henry left a vast Treasure with that Stephen raised and maintained an Army of Strangers One hundred thousand Pounds in Money and Gold and Silver Vessels of all inestimable value This drew to him very many Soldiers especially out of Flanders and Brittany besides the English which at present so Established him as neither the Duke of Anjou nor his Brother in Law Robert Earl of Gloucester thought fit to attaque him who after [8.] Ibidem n. 40. Robert Earl of Gloucester doubtful what to do Easter came out of Normandy into England Being very thoughtful what to do if he should submit to King Stephen and acknowledge him then he should go contrary to the Oath he had made to his Sister if he did not submit he could have no opportunity of doing any thing for the advantage of his Sister and her Children [9.] Ibid. b. l. 5. n. 10. He doth Conditional Homage to King Stephen All the Noblemen had very freely submitted themselves therefore he dissembled for a time and did Homage to the King upon Condition that so long as he freely permitted him to enjoy his Dignity and Estate he should be true to him In the same [1.] Ib. n. 10. A. D. 1136. The Bishops sware Fealty to him upon Conditions year not much after the coming of the Earl the Bishops sware Fealty to the King so long as he should preserve the Liberty and Discipline of the Church And then he gave them a [2.] Ibidem n. 20 30. His Charter chiefly to the Church and what he granted by it Charter by which he obligeth himself to maintain inviolably the Liberties Ancient Customs Dignities and Priviledges of the Church and that it should enjoy all the Possessions and Tenures it had the day his Grandfather King William died He gave also leave to Bishops Abbats and other Ecclesiastical Persons to distribute and dispose of their Goods before their deaths When Bishopricks were void he granted that they should be in the Custody of the Clerks or other good Men of the Church until it was provided of a Pastor The Forests which his Grandfather King William and his Uncle King William had made or held he reserved to himself such as his Uncle King Henry had made or superadded he restored to Church and Kingdom All Exactions unjust Customs and Practises he prohibited and Commanded the good Laws ancient and just Customs should be observed This [3.] Ibidem n. 40. He confirmed his Charter by Oath but never kept it Charter was granted at Oxford in the first year of his Reign Anno Dom. 1136. to the observation whereof he bound himself by Oath but as the Historian noteth kept it not for he [4.] Ibidem seized the Treasure of Churches and gave their Possessions to Laymen He turned out the Incumbents His usage of the Church and Church-men and sold them to others he imprisoned Bishops and forced them to alienate their Possessions Abbies he gave and sold to unworthy Persons But 't is there said These actions are not so much to be ascribed to him as to such as advised and perswaded him And Monasteries never to want Money so long as the Monasteries had it The first that gave him any considerable Trouble was [5.] Gesta Stephan f. 934. A. 936. D. Baldwin de Redvers fortified Exceter Castle against him yielded for want of Victuals Baldwin de Redvers Earl of Devonshire and Lord of the Isle of Wight he
921. C. D. f. 922. A. B. The Earl of Chester obtains Assistance Gloucester takes hold of the occasion joyns the Forces he had and others he immediately raised with those of his Son in Law and marched toward Lincoln Upon his approach the King marched towards him in Battalia his Army consisting of a Main Body and two Wings He Commanded the Main Body himself one of the Wings consisted of Flemmings which William de Ipre Commanded and of Britains which Earl Alan Commanded The other was Commanded by Waleran Earl of Mellent There were also in this Army William de Warenna Gilbert de Clare and Balduin Fitz-Vrse Engelran Saye and Ilbert Lacy. The Battle of Lincoln The Earls Army was drawn up in the same manner Robert Earl of Gloucestâ—r led on the Main Body the Earl of Chester one Wing aâ— the two Brothers Mariadoc and Kalader the Welsh which made the other Wing The Welsh charged the Flemmings and Britains and soon routed them The Kings Army routed The Earl of Chester charged the Earl of Mellent who fled presently King Stephen shewed his Personal Courage in this Battle His Personal Courage He is taken Prisoner he fought bravely and stoutly against the Earl of Gloucester until he was deserted by all his Horse when he yielded himself to him Baldwin de Clare Richard Fitz-Vrse Engelran de Saia and Ilbert Lacy staid by the King and fought valiantly so long as they were able The City plundered and many Citizens killed After the Battle the Earls Army miserably wasted the City and requited the Citizens for their kindness to King Stephen by killing very many of them The [5.] Malms f. 106. a. n. 40. He is Imprisoned at Gloucester and put in Irons Earl presented the King to his Sister then at Gloucester from whence for more security he was carried to Bristol where he was Honourably used until by the instigation of some who affirmed that he had been several times out of the places appointed for his safe Custody especially in the night by the Connivance of his Keepers and therefore was put in Irons The Empress and Earl [6.] Ib. n. 50. b. n. 10 20. with great importunity by Messengers moved the Legat that she might be received to the Government as the Daughter of King Henry to whom all England and Normandy had sworn Fidelity A Treaty between the Empress and Legat in an open Plain Her Oath to him On the third Sunday in Lent they came to a Conference in an open Plain by Winchester The Queen swore to the Bishop he should Order and Direct all the great Business in England and should dispose of all Bishopricks and Abbies if he would keep perpetual Fidelity to her and with Holy Church receive her as Queen The Earl of Gloucester Brian Fitz-Count * Marchâ—o de Walingford He was Constable of Walingford Castle The Legat acknowledged her Queen His Oath to her Marquess of Wallingford and Milo of Gloucester afterwards Earl of Hereford and some others did together with her swear the same things The Bishop then acknowledged her Queen of England and some of his Friends with him made Oath to her That so long as she should make good what she had promised him he should be faithful to her The next day she was received into the City of Winchester and the Cathedral with a Noble Procession The Legat led her into the Church by the Right Hand and the Bishop of St. Davids by the left There were many Bishops Abbats Barons and Knights present [7.] Contin â—lor Worcest f. 676. The Legat Cursed those which Cursed her and Blessed those which Blessed her Those which were Obedient to her Commands he Absolved such as were not he Excommunicated From Winchester she went with the Court to Wilton where came to her Theobald the Arch-Bishop and made his Recognition of her as Queen Here she kept her Easter and there was a mighty affluence of People On the Ninth of [8.] Malms ut supra n. 30 40 50. f. 106. a. lin 1. c. The Monk of Malmsbury says he was present in this Council and gave great attention to what was done April there was a Council of all the Bishops of England and many Abbats at Winchester in which the Legat presided notwithstanding the Arch-Bishop of Canterbury was there The Legat had private Conference with the Bishops apart with the Abbats apart and with the Arch-Deacons apart The next day he makes a Speech to them all Setting forth the cause of their meeting was to Consult of the Peace of the Country tells them of the flourishing estate of the Kingdom The Legats Speech to the Bishops in the Reign of King Henry That many years before his death he had received an Oath of England and Normandy for the Succession of his Daughter and her Issue That she being in Normandy at the time of his death delayed to come into England for the Peace of the Country his Brother was permitted to Reign He says further That though he made himself a Pledge between God and him that he should Honour and Exalt Holy Church maintain the good Laws He accuseth his Brother King Stephen of many Crimes and abrogate the Evil yet it grieved him to remember and he was ashamed to speak how he had behaved himself in the Kingdom the Peace of it was destroyed and no Punishment inflicted upon Evil Doers Bishops were imprisoned and forced to deliver up their Possessions Abbies were sold and Churches robbed The Counsel of ill Men took place and the Advice of good Men was despised That he had Convented him before a Council of Bishops and got nothing but hatred for it He ought indeed to love his Mortal Brother but much more the Cause of his Immortal Father and therefore seeing God had exercised his Judgment upon him to let him fall into the hands of powerful Men lest the Kingdom might be ruined for want of a Governor He declares the power of Electing Kings to be in the Clergy I have called you all hither by my Legantine Power yesterday the Cause was propounded in private to the greatest part of the Clergy of England to whom of right it belongs to Elect and Ordain a King and therefore after having as is meet invoked the Divine Assistance They elect Maud the Empress Queen we Elect Maud the Daughter of the Peaceable Glorious Rich and in our time incomparable King Queen of England and to her we promise our Faith and Defence of her Person and Government All that were [9.] Ibidem n. 10. present either assented to what he said or by their silence seemed not to contradict it The Legat adds We have summoned the Londoners The Londoners present in this Council who in respect of the greatness of their City may be compared with the great Men of England and sent them a safe Conduct and that he hoped they would not stay beyond the next day
Oxford where his Sister had then fixed her Residence without success She by her Brothers Relation finding the Legat had no kindness for or inclination to her Cause marched to [5.] Ib. n 30 40 50. Cont. of Flor. ut sup She marcheth with an Army to Winchester Ego me parabo The principal Adherents to the Empress The Bishop of Winchester and Legat sends for the Londoners Winchester blocked up and fired Winchester with such an Army as she could get together and was without difficulty received into the Royal Castle there and sent for the Bishop to come to her without delay He thinking it not safe eluded the Messengers with an ambiguous Answer That he would prepare himself And immediately sent for all he knew favoured King Stephen Most of the Earls of England came to him who were young light Men such as the King advanced With the Empress were David King of Scots Robert Earl of Gloucester Milo then of Hereford and a few Barons Ranulph Earl of Chester came slowly towards her and to no purpose as it appeared in the Issue The Legat had likewise sent to the Londoners who came in great numbers and by their assistance the City was blocked up all Passages to it being so guarded that Victuals and Necessaries could not be brought into it without difficulty and danger While they were thus streightned without Fire was thrown from the Bishops Tower upon the Citizens Houses because they were more inclined to the Empress than to him This Fire took hold of a Nunnery within the City and burnt it down and of the Abby called Hide without the City and burnt that down William of Ipre burnt also the Nunnery of Warwell which was six Miles from Winchester The City being thus as it were besieged [6.] Malmsb. f. 108. a. n. 10 20 30. Earl Robert sends the Empress from Winchester He is taken Prisoner the Earl prepared for their departure and sent his Sister before with the greatest part of the Army and best Troops Marching in great order he followed some time after with a few but such as feared not many The Earls immediately follow him and while he thought it a dishonour to â—ly he was set upon by all of them and taken The rest the Noblemen especially with great speed kept on their Journey and escaped to the Castle of Devises So they left Winchester on the day of the Exaltation of Holy Cross Septemb. 14. having come thither some few days before the Assumption of the Blessed Virgin August 15. His firmness to his Sisters Cause The Earl was sent Prisoner to Rochester and attaqued both by large Promises Persuasion and Threats to leave his Sisters Cause but nothing * Malmsb. f. 109. a. b. The King and Earl exchanged upon equal Terms could prevail with him to desert her At last the King and he were Released and Exchanged upon even Terms and left to pursue their several Interests Several Propositions for both their Liberties had been made and discoursed of from the day the Earl was taken until All-Saints at which time the Exchange was agreed to on both sides After they were free the King came to Winchester and the Earl went to his Sister at Oxford the place of her constant Residence The Legat proceeds in his Design to ruine the Empress Anno Domini 1142 or 1143. and by his Legantine Power [7.] Ibid. f. 108. a. n. 30. The Legats Design to ruine the Empress calls a Council to meet eight days after St. Andrew at Westminster The Popes Letters to him are openly read in which he is blamed that he did not more strenuously endeavour to release his Brother and exhorted to use all Power both Ecclesiastical and Secular to do it The King [8.] Ibidem n. 40 50. King Stephen makes his Complaints in that Council The Legat gives his Reasons why he received the Empress came into the Council and complained that his Vassals or Feudataries to whom he had never denied Justice had imprisoned and reproachfully used him to his great Affliction The Legat by his Rhetoric endeavours to free his Invidious Actions from Censure pretending he received the Empress by Compulsion and Necessity not with Favour or good Will for presently after the Kings Army was routed when the Lords either fled or expected what would be the event of things she with her Assistants came to Winchester and what Bargain she made there or Promises to preserve the Rights of the Church she obstinately broke them all Besides he said That she and her Friends had contrived not only to deprive him of his Dignity but his Life but God in his Mercy had beyond her hope so ordered things He Deposeth the Empress as far as he can King Stephen's Title He Excommunicates all Favourers of the Empress that he escaped Destruction and his Brother was freed from his Bonds and therefore Commanded them on the behalf of God and the Pope that they should aid the King with their utmost Power who was Anointed by the Will of the People and Assent of the Apostolick See and to Excommunicate all Perturbers of the Peace that favoured the Dutchess of Anjou The Historian says he was not present in this Council and therefore [9.] Ibidem lin 37. could not say so exactly what was done in it as in the former but he thought the Legats words [1.] Ibid. b. lin 1. c. The Legats Speech in that Council not received by all though by silence allowed The Empress defended by a Laick were not grateful to all the Clergy yet none contradicted and all for fear or Reverence kept silent only one Lay-Messenger from the Empress forbad the Legat to act any thing in that Council contrary to her Honour by the Faith he had engaged to her That he had given his Faith to the Empress not to assist his Brother That she came into England by his invitation That she had taken the King and kept him Prisoner was by his Connivance This the Messenger said and much more with great Briskness but could not move the Legat to Anger or to make Answer From the time of this Council until [2.] Ibidem f. 109. b. n. 10 20 30. An. Do. 1143. The Empress holds a Council at Devises Lent both Parties were quiet but then the King began to move and the Empress likewise and came to the Devises and held a Council there in which it was Resolved she should send for her Husband the Duke of Anjou She is advised to send to the Duke of Anjou her Husband Messengers go for him to help her to recover the Inheritance of her and her Children which Resolution was forthwith spread among the People and Honourable Persons sent for him About Easter the King fell sick at Northampton and so continued until after Whitsunday The Messengers return from Anjou and deliver what they brought back to the Empress in a second Council holden at the Devises which was
That her Husband desired Earl Robert should go over to him He desires the Earl of Gloucester to go to him and that it was in vain to send others All present press him to go he excuseth himself upon the peril of the Journey and the danger might happen to his Sister in his absence They urge him again he is willing upon Condition he might carry with him Hostages or * These Pledges were the Sons or next Kinsmen of the Noblemen and were left with Geofry of Anjou He goes with Pledges c. Pledges as well for the security of the Earl of Anjou as his Sister That they should stay with her at Oxford and with all their force defend her They all assented to him and gave Pledges to be carried into Normandy Robert [3.] Ibidem â— 40. The Duke of Anjou makes Objections against his going for England taking leave of his Sister with his Pledges and a Guard went to Warham in Dorsetshire of which Town and Castle he had made his eldest Son William Governor from thence he set sail presently after Midsummer and landed in an Haven near Caen from whence he sent to the Duke of Anjou to come to him he came and made many Objections against his going into England The chief was That his stay in Normandy was necessary that he might take in many Castles which yet held out against him This indeed was a very weighty Objection at that time for [4.] Ord. vit f. 923. A. B. C. D. Chron. Norm f. 981. A. B. Mat. Westm f. 243. n. 50. Several of the Great Men of Normandy and several Towns and Castles submit to the Earl of Anjou and the Empress hearing of the Victory his Wiâ—e had obtained against King Stephen at Lincoln he went into Normandy and sent to the Noblemen to deliver their Castles to him as of right they ought Rotroc Earl of Mortaign in the County of Perche Hugh Arch-Bishop of Roven John Bishop of Lisieux and many other Bishops Abbats Earls and Barons and Governors of Towns and Castles submitted to the Government and Dominion of Earl Jeffry and Maud the Empress He had been and was then busied in reducing such as would not yield [5.] Malmsb. f. 109. b. n. 50. He sends his eldest Son Henry with his Brother the Earl into England This Objection caused the Earl of Gloucester to stay longer than he intended for that he might not leave him without Excuse he staid and assisted him in the taking of ten Castles yet he had fresh Objections by which he put off his Voyage into England but granted his eldest Son Henry should go with him to animate and encourage those that defend the Cause and Title of the just Heir In the mean time while the Earl was absent the [6.] Ibidem f. 110. a. lin 3. n. 10 20 30.40 King Stephen takes Warham burns Oxford Besiegeth the Empress in the Castle The Noblemen her Favourers Rendezvous at Wallingford to deliver her King suddenly came to Warham and finding it without a Garison plundered it and presently the Castle was delivered to him From hence he marched toward Oxford and three days before Michaelmass came unexpectedly upon the City and burnt it and besieged the Empress who was in the Castle only with her Domestick Servants and prosecuted the Siege so resolutely that he declared he would not leave it for the hope of any Advantage or fear of any Loss before the Castle was taken and the Empress in his power The Noblemen who undertook to defend her were confounded that they had been absent beyond their time came with a great Force to Walingford with intention to sight the King if he would come forth into the open Field but as he was lodged in the Town it was concluded they could not attack him the Earl of Gloucester had so strongly fortified it and made it Inexpugnable but by Fire The Earl comes out of Normandy Takes Warham Who hearing of this Siege in Normandy hastned his return He brought over with him in fifty two Ships three hundred Men at Arms and somewhat more They came to Warham and presently made themselves Masters of the Haven and Town and besieged the Castle which was defended by choice Soldiers the King had placed in it but after it had been battered a while with the Earls Engines and the Men wearied and affrighted they desired a Truce which was the Custom of those times while they sent to the King to desire Aid which if they received not by the day appointed they would deliver the Castle This was granted with hopes it might draw the King from his Siege of the Empress but the King would not stir The Isle of Portland and Lulworth Castle delivered to him whereof the Defendents having notice the Earl had at the same time this Castle and the Island of Portland delivered to him and a third place called Lullewerden now Lulworth Castle in Dorsetshire From thence he marched toward [7.] Ibidem n. 40 50. Cyrencester in Gloucestershire and gave Order that all such as were Friends to the Empress should meet him there in the beginning of Advent that they might march on to Oxford fight the King and Relieve their Mistress the Empress The Empress escapes from Oxford But in their way they met a joyful Messenger that informed them she was escaped out of the Castle and safe at Walingford They went thither and by her Advice and common Consent by reason of the approaching Holidays which admonished them to quiet and to abstain from War they returned to their places of Abode The manner of her Escape The manner of her Escape the Historian would have added if he had certainly known it He says it was sufficiently evident that for fear of the Earls coming many of the Besiegers slipt away from Oxford those that staid kept very loose Guards and remiss Watches which being [8.] Ibidem b. lin 1. observed by them in the Castle she with only four Soldiers Men at Arms or Knights went out at the Postern Gate and passed the River and went on foot to Abington and from thence on Horseback to Walingford After her departure King Stephen received the Castle upon Terms the Defendents went whither they would without disturbance Most Authors and some of the best Credit Report That it was at that time a great Frost and Snow and that she Clad her self in White and by that means escaped undiscovered Thus far William of Malmsbury and no further who wrote the things which happened in England between Maud the Empress and King Stephen at the particular [9.] Ibidem f. 98. b. n. 30 40. Request of Robert Earl of Gloucester Who not long after being informed that the King intended to make a Garison of the [1.] Gervas Dorob Col. 358. n. 50 60. Hen. Hun. f. 225. a. n. 20. King Stephen forced from Wilton Nunnery at Wilton to prevent the Excursions of those in
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. Gervâ—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
England the Dukedom of Normandy and Earldoms of Anjou and Main and left his youngest Son John to be provided for and maintained by him [1.] F. 296. b. n. 40. But Roger Hoveden says he gave unto John the Earldom of Moreton in Normandy To his Son Richard he gave the Dukedom of Aquitan with all its Appurtenances to be holden of the King of France And to his Son Geofry the Earldom of Britany with the Daughter and Heir of Earl Conan to be holden of the King of France After King [1.] Rog. Hov. f. 298. a. n. 50. An. Do. 1170. King Henry claims the Arch-Bishoprick of Bourges c. Henry was perfectly Recovered of his great fit of Sickness he laid claim to the Arch-Bishoprick of Bourges as belonging to the Dukedom of Aquitan which Lewis King of France denied from whence great Discord arose between the two Kings The King of England came into Berry with an Army to take possession of it encouraged thereunto by the Confession of the Arch-Bishop then upon his Death-Bed That of Right it did belong to the Dutchy of Aquitan A Truce between the two Kings but the King of France coming likewise with an Army into that Country prevented his Design and the Discord ended in a Truce until the Feast of St. Hillary following Next year King Henry being in Ireland and busie about the Conquest and Establishment thereof of which more afterward he had [2.] Ibid. f. 302. b. n. 30. news of the two Cardinals Theodinus and Albertus the Popes special Legats coming into Normandy with mighty haste he comes from Wexford arrives in Milford-Haven and with great dispatch proceeds to Portsmouth from whence with his Son Henry he passeth into Normandy and finds the two Cardinals at Caen by their Advice he was reconciled to King Lewis concerning the Crowning of his Daughter so as he sent back his Son into England and with him Rotrod Arch-Bishop of Roven Giles Bishop of Evreux Young King Henry and his Wife Margaret both Crowned An. Do. 1172. and Roger Bishop of Worcester to Crown him and Margaret his Wife and they performed that Solemnity at Winchester in the Church of St. Swithin on the 27 th of August 1172. After this about the [3.] Ibidem f 304. a. n. 20 30. Feast of All-Saints the new King of England with his Queen according to his Fathers Command though much against his Will went into Normandy when he came to his Father he sent him to the King of France who had a desire to see and speak with his Daughter he received them both with great Joy and Honour and they staid some time with him The King of France makes Discord between the two Kings Father and Son and sets the Son to demand either England or Normandy of his Father for a Subsistance From this Visit there arose great Mischief as well to France as England for King Lewis who always hated the King of England advised the new King that presently upon his return into Normandy he should Require of his Father either all England or all Normandy as a Subsistance for him and his Wife and directed him that if his Father would grant neither he should return into France to him In the mean time the King suspecting the Fraud and Malice of the King of France of which he had had often experience sent for his Son and his Wife they came to him Towards Christmass he went into Anjou and left his Son and Daughter in Law in Normandy Walsingham Reports [4.] Hypod. Neustr f. 447. n. 40. Queen Alienor suspected to have caused Division between her Husband and Son That whilst the King was in Ireland Hugo de St. Maur and Ralph de Faia the Queens Uncle as 't was said by her instigation began to avert the Mind of the young King from his Father suggesting to him It seemed indecent to all Men that any Man should be a King without a Country or Dominion About this time [5.] â—en Ab. â— 43. a. Adam de Port outlawed for Treason not appearing upon Summons one Adam de Port was impeached of Treason for Conspiring the Kings death and because being summoned by the King he would not stand to Judgment he was Outlawed from England After [6.] Hoved. f. 304. a. n. 40. Christmass King Henry sent for his Son to Chinon in Anjou from whence they went to Averng to * In Hoveden 't is Montferrat but mistaken for Clermont Clermont to meet and Treat with Hubert Earl of Maurania now Savoy about a Marriage between his youngest Son John and his Daughter Alice with whom he was to have had her Fathers Dominions This Treaty of Marriage was performed and concluded with the greatest State and Solemnity imaginable 't is long and because she died before it took effect I have omitted it From hence they both went to Limoges where [7.] Ibid. f. 305. a. n. 20. The Earl of St. Giles doth Homage to the King and his Son Richard for Tholose Raymund Earl of St. Giles came to them and became their Man or did Homage both to the King of England and Richard his Son Earl of Poictou to hold Tholose of them in Hereditary Right by the Service of coming to them upon Summons and staying in their Service forty days at his own Cost but if they would have him stay longer in their Service it was to be at their Charge and furthermore he was to give them for Tholose yearly One hundred Marks of Silver and ten Horses fit for War every of them to be worth Ten Marks The [8.] Ben. Ab. p. 45. b. Hov. f. 305. a. n. 30. The young King contradicts his Father Earl of Mauriana followed King Henry to Limoges to know what Lands or Possessions he would give his Son John and when he would have given him the Castles of Chinon Lodun and Mirabel the young King contradicted his Father and would not suffer him to do it for he took it very grievously that his Father would not assign him any of his Dominions where he and his Wife might keep their Residence when as he had desired England or Normandy The young Kings mind alienated from his Father or Anjou by the Counsel of the King of France and the Earls and Barons of Normandy that loved not his Father From this time he sought occasions and opportunity to recede from him and would in nothing hearken to his Advice Having [9.] Ben. Ab. p. 46. a. The young King leaves his Father therefore dispatched his Business at Limoges he hastned to come into Normandy as soon as he could and his Son with him Coming to Chinon the King staid there all Night his Son not having taken his leave of his Father went forward and on the Morrow was at Alencon and the next day at Argentom His Father followed him and that Night he was at Argentom his Father was at Alencon and that very Night about Cock-Crowing And
goes to the King of France he with his private Family came to the King of France on the Eighth day of March. The King [1.] Ibidem The King visits and strengthens his Castles in Normandy and in the Borders knowing his Son had escaped feared the treachery of the French and therefore with great diligence visited his Castles in the Borders of Normandy toward France and well Manned and Victualled them Gisors also he strengthned as well as he could he likewise visited his Castles in Normandy and sent his Commands to all his Castellans in England Anjou and Britany that they should strongly guard and take care to secure the Castles under their Command [2.] Ibid. b. The Authors of the Conspiracy against him Queen Alienor suspected The chief Contrivers of this Treason were Lewis King of France and as some said Queen Alienor and Ralph de Faia for she had with her Richard Duke of Aquitan and Geofry Earl of Britany her Sons and sent them both into France to the young King their Brother that they might side with him against their Father After the departure of the young King [3.] Ibidem Young King Henry's Chancellor brought his Seal to his Father Richard Bar his Chancellor returned to his Father and delivered him the Seal he had committed to him which he received and caused it to be securely kept The Servants also which he had placed in his Sons Family returned to him and brought with them his Carriages Sumpters and Furniture his Father would not retain them but sent them back to his Son and moreover sent by them Silver Vessels Horses and Apparel and commanded them they should serve him faithfully But when they came such as would stay He caused such as staid with him to Swear Fealty to him against his Father he caused to swear Fealty to him against his Father and would not permit any to stay with him that would not take that Oath To wit Walter his Chaplain Edward his Chamberlain and William Blund his Porter These came and staid with his Father In the mean while Lewis King of France was very kind to his [4.] Ibidem p. 47. a. Anno Dom. 1173. The King of France received the young King and his Brothers kindly and caused a new Seal to be made for him The whole Kingdom of France engage against King Henry in a Council His Sons not to make Peace with him without his Consent Son in Law and to his Brothers and those that came with them and caused a new Seal to be made for him with which he confirmed all his Grants and Donations he also called together Earl Robert his Brother Philip Earl of Flanders and Matthew his Brother Earl of Bologn Henry Earl of Troys Theobald Earl of Blois and Earl Stephen and the other Earls and Barons of France and also the Arch-Bishops and Bishops and all the Clergy and People of France and held a great Council in Paris in which he himself sware he would according to the utmost of his Power assist the young King to maintain the War against his Father and to gain the Kingdom of England The like Oath he caused the Earls and Barons of France to swear to him they first having â—ceived the Oaths and security of the young King and his Brothers that they would never recede from the King of France nor make Peace with their Father without his consent and good liking of his Barons In this Council the [5.] Ibidem a. and b. The young King receives the Homage of Philip Earl of Flanders Matthew Earl of Bologn Theobald Earl of Blois c. young King received the Homage and Fealty of Philip Earl of Flanders and gave him for his Homage and Fealty One thousand Pounds yearly Rent in England and the whole County of Kent with the Castles of Dover and Rochester Likewise he received the Homage and Fealty of his Brother Matthew Earl of Bologn and for them he gave him the whole Soke or Liberty of Kirketon in Lindsey and the Earldom of Moreton He received also the Homage and Fealty of Earl Theobald and to him he gave 500 l. by the year of Anjou Rent the Castle of Ambois with all the Right he claimed in Turain and all the Right which his Father and he claimed in Castle-Reginald All these Donations he confirmed with the new Seal which the King of France caused to be made William King of Scots and David his Brother do voluntary Homage to him and many others He granted to William King of Scotland for his Homage and Service all Northumberland to the River Tine To David his Brother he gave the Earldom of Huntington and as an Augmentation added all Cambridgeshire To Earl Hugh Bigot he gave the Honour of Eye to hold in Fee and Inheritance and the Castle of Norwich in Custody to him and his Heirs for ever After Easter [6.] Hoved. f. 305. b. n. 10. A general Insurrection against King Henry of England the whole Kingdom of France the young King his Brothers Richard and Geofry and almost all the Earls and Barons of England Normandy Aquitan Anjou and Britany rose up against King Henry the Father and wasted his Countries on all sides with Fire Sword and Rapine They besiged and took his Castles and he resisted and made what defence he could he had with him 20000 * Often in old Historians they are called Pradones Brabantini the Plundring Brabanters Brabanters which served him faithfully but not without great Pay Philip Earl of [7.] Ibidem n. 40. Albamarle and Dreincourt taken from the King Flanders marched with a great Army into Normandy besieged and took Albemarle and from thence went and besieged Driencourt which was delivered to him Here his Brother Matthew Earl of Bologn was shot with an Arrow of which Wound he died In the mean time the King of France and his [8.] Ibidem n. 50. f. 306. a. lin 1. The King of France and his Son in Law besiege Verneul Three Burghs in that Town beside the Castle The great want of Victuals Son in Law besieged Vernol but Hugh Lacy and Hugh Beaumont the Constables or Governors stoutly defended the Town so as the King of France with his great Army and Engines made but small progress against it though he lay a Month against it There were within that Town besides the Castle three Burghs all separated from each other and inclosed with a strong Wall and Ditches full of Water one was called the great Burgh against which the King of France fixed his Engines without success After a Month the Defendents wanted Victuals and made a Truce with the King of France for three days to go to the King of England to desire Relief and if in that time they sailed of it then to deliver the Burgh The peremptory day appointed was the Vigil of St. Laurence At the Request of the Defendents the King of England came to relieve the Town and drew
up his Army The King of France sent to the King of England the Arch-Bishop 〈◊〉 Sens Earl Henry and Earl Theobald unto him to let him know next day which was the peremptory day he would have Conference with him but he neither came nor sent and so he by a trick gained the Burgh The great Burgh gained by a trick The King of France his Army flies King Henry the elder Relieves Verneul When he had it the King of France dare not keep it but entred the Town plundered it burnt the Burgh and slying carried the Burghers Prisoners with him into France So soon as the King of England knew it he pursued them killed many and took very many and returned that Evening to Vernol Lodged there that Night and Commanded the Walls that were battered down to be repaired up This Action was on the 9 th of August Next day he went from [9.] Ibidem n. 30 40. Takes Damvile Vernol or Verneuil and took Damvile the Castle of Gilbert de Tileres and in it Multos Milites Servientes many Knights and Esquires or Servants from thence he came to Roven and sent his Brabanters in which he most conâ—ided Sends his Brabanters into Britany into Britany against Hugh Earl of Chester and Ralph de Foâ—geres he was Lord of a Castle of that name in the Conâ—ines of Normandy and Britany who had seized upon almost all that Country The Earl and Ralph came to meet them and in a pitch't Field and plain Battle the Britans were vanquished The Britans vanquished in a pitch't Field Seventeen of their stoutest Knights taken those two and the most Potent of the Britans fled to the Castle of Dole In the Battle were taken seventeen of the stoutest Knights Hasculf of St. Hilary William Patricius or Patric Haimer de Falcilia Patric de Landa Geofry Farsi William de Rulent Ralph de Sennes John Pincerna or Butler the * He was the Deputy-Lord Casteliaâ— or Governor of Dole 1500 Britans slain Viguier or Vicar of Dole William de Leges William de Mota Robertus de Treham Paganus Cornutus Reginald Pinzun Reginald de Campo Lamberti Eudo Bâ—stardus besides many others Horse and Foot and there were slain above 1500 Britans in the Battle which was fought on the Twentieth day of August The next day [1.] Ibidem n. 50. b. lin 1 c. The Brabanters besiege Doâ—e in Britany The King of England goes to them The Tower of Dole rendred after this Battle the King of England had news of it and forthwith marched towards Dole which the Brabanters presently after their Victory had invested and gave order for his Peâ—rars Machins to cast great Stones into Towns or against the Walls to be fitted and prepared with other Warlike Engines but the Earl of Chester and such as were with him in the Tower not being able to defend it rendred themselves on the Twenty sixth day of August and in like manner all Britany with its Fortresses and Places of Strength was delivered to him [2.] Ibidem b. n. 10 20. The Earl of Chester taken Prisoner and all Britany reduced The Historian names fourscore Earls Barons and Great Men that were taken in this Tower or Castle besides as he says many others he did not name After these [3.] Ibidem n. 30. A Treaty between the King and his Sons Victories the King of France and his Adherents began to despair and endeavoured by all means to make Peace between King Henry and his Sons The place appointed for the meeting and Treaty was between Gisors and Trie Thither came Lewis King of France with the [4.] Ibidem Arch-Bishops Bishops Earls and Barons of his Kingdom and brought with him Henry Richard and Geofry Sons of King Henry who came also with the Arch-Bishops Bishops Earls and Barons of his Dominions on the Twenty fifth of September [5.] Ibidem In hoc Colloquio In this Conference and Treaty the King the Father offered the King his Son His great Offers to them half the Rents of his Demesns of England and four Castles there or if his Son had rather Reside in Normandy he offered him half of the Revenue of that Dukedom and all the Revenue of Anjou three Castles in Normandy one in Main one in Anjou one in Turain [6.] Ibidem To Richard he offered half the Revenue of Aquitan and four Castles there and to his little Son Geofry he offered all the Hereditary Estate of Earl Conan if by the consent of the Pope he could Marry his Daughter Constance [7.] Ibidem n. 40. And further he referred himself to the Judgment of the Arch-Bishop of Moustierâ—en Tarantais and the Popes Legats to add to their Revenues what they should think just and equal reserving to himself Royal Justice Dignity and Power But it was not the mind of the King of France such a Peace should be made for presently after the Treaty he and the young King [8.] Ben. Ab. p. 52. b. Hoved. ut sup n. 50. The Earl of Leicester comes into England with an Army of Flemmings Hageneth Castle taken sent Robert Earl of Leicester with an Army of Flemmings into England who with his Countess and Army landed upon the Coast of of Suffolk about the Feast of St. Luke and were received by Earl Hugh Bigod into his Castle of Framingham where he furnished them with Necessaries The Earl besieged Hagenet a Castle whereof Ranulph de Broc had the keeping and within four days took it and proceeding from thence to Leicester it was told him there was a great Force got together about St. Edmunds-Bury and being surprized at the News he returned At this time Richard de Lucy [9.] Ibidem Ben. Ab. p 53. a. â—oved f. 307. a n 10 20. Richard Lucy and Humfrid de Bohun make Truce with the King of Scots Justiciary of England and Hâ—mphry de Bâ—hun the Kings Constable were gone forth with a great Army to waste the Dominions of the Kings of Scotland they had burnt Bâ—rwick and spoiled the Country round about it but receiving the News of the Earl of Leicester they made Truce with the King of Scots until the Feast of St. Hillary and gave and took Hostages on either side for the performance of it This done Humphry de Bohun marcheth as fast as he could toward St. Edmunds-Bury expecting the coming of the Earl of Leicester There came into his assistance Reginald Earl of Cornwall * This should rather be William for Robert was then Son to William Earl of Gloucester They with the assistance of other Earls rout the Earl of Leicesters Army And kill Ten thousand Flemmings The Earl of Leicester and his Countess taken Prisoners Robert Earl of Gloucester and William Earl of Arundel about the Feast of All-Saints came from Framingham with his Army near to St. Edmunds-Bury in a place called Fornham in a Marsh or Meadow not far from the Church of St.
Genovef The Earls with a great Army and Humphry de Bohun with three hundred of the Kings choice Horse met him and with the Banner of St. Edmund displayed before them charged that part of the Army in which the Earl of Leicester was and in a moment his Army was defeated and he and his Wife taken as also Hugh de Castellis a Noble Frenchman In this Battle fell Ten thousand Flemmings and the rest were taken imprisoned and starved The Earl of Leicester and his Wife and Hugh de Castellis with the better sort of those that were taken were sent into France to King Henry the elder and were imprisoned at Falais with the Earl of Chester About the Feast of St. Martin or Eleventh of November [1.] Ben. Ab p. 53. b. Several Castles in Anjou surrendred to King Henry the elder Many Knights and Esquires or Servientes taken King Henry the Father with his Brabanters marched into Anjou and about eight days after Geofry de Haya came to him and delivered the Town and Castle of Hay The Castle also of Prulli and the Castle of Campenâ— which Robert de Ble held against him were rendred in which last Multi Milites Servientes capti fuerunt many Knights and their Servants or Men were taken as for example Haimeric de Ble Miles Hosmundus Everardus Gaufridus homines ejus his Men or such as held of him in Knights Service or had done Homage to him and so to the number of forty Knights and Servants as the Historians do number them About the [2.] Ibidem Feast of St. Andrew or later end of November he came before Vendome Vendome taken which Brachard de Lavardin having expelled the Earl his Father held against him and took it from whence old King Henry returned into Normandy At Christmass [3.] Ibidem p. 54. a. A Truce betwixt the Kings of England and France A Truce with the King of Scots and 300 Marks given for it following King Henry the Father was at Caen in Normandy where a Truce was made between him and the King of France from the Feast of St. Hillary or Thirteenth of January until the Close of or eight days after Easter At the same time likewise Hugh Bishop of Duresm made Truce with the King of Scots at Revedal for the same time and gave him for it 300 Marks of Silver to be levied upon the Lands of the Barons of Northumberland In the time of this Truce [4.] Hoved. f. 307. a. n. 50. b. lin 1. Two Fortresses erected one in the Isle of Axholm another at Durham Roger de Mowbray erects a Fortress at the Ferry in the Isle of Axholm and Hugh Bishop of Durham erected one at Alverton When [5.] Ibidem lin 1. The young King and Earl of Flanders design an Expedition into England the time of the Truce was eâ—pired after Easter An. Do. 1174. the young King Henry and Philip Earl of Flanders propounded to raise a great Army with design to come for England and how they were diverted from the Voyage see afterward The King of Scots also not long after the Close of Easter [6.] Ben. Ab. p. 54. a. The King of Scots enters Northumberland with an Army having first collected his 300 Marks of the Barons of Northumberland entred it with his Army and there with his Scots and * So the old Historians called the Inhabitants of Galway and sometimes only Wallenses Galualenses or Inhabitants of Galway made great Slaughters and Ravages incredible and beyond the inhumanity of the most Barbarous Nations as these Authors report them His Brother [7.] Ibidem The King of Scots besiegeth Carlisle Waltes Northumberland Takes several Castles in that and the Neighbouring Countries David he sent to Leicester to assist that Earls Forces against the King whilst he besieged Carlisle where Robert de Vaus was Governor When he had been a few days before it he invested the Castle with part of his Army and with the other part he marched through Northumberland and wasted the Lands of the King and his Barons and took by Arms the Castle of Lidel which was Nicholas Stutevills and the Castles of Burgh and Appleby which were the Kings but in the Custody of Robert de Stutevill and the Kings Castle of Werkworth which Robert Fitz-Richard kept and the Castle of Jerby which Odonel de Vnfranvil held and then returned to his Army before Carlisle and staid there so long as the Garison wanted Victuals when the Governor Articled with him That he would deliver the Town and Castle upon Michaelmass-day following unless by that time he had Relief from the King of England and for performance of this he secured the King of Scots by Oath and Hostages From hence he went with his Army and besieged [8.] Ibidem p. 54. b. The Yorkshire Army prepares to Relieve Carâ—isle Prudhou the Castle of Odonel de Vnfranvil but could not take it for the Yorkshire Army prepared to come upon him the Commanders whereof were Robert de Stutevill and his Son William William de Vesey Ranulph Glanvill Ranulph de Thilli Constable to the Arch-Bishop of York Bernard de Bailoll and Odonel de Vnfranvil The King of Scots riseth from before it The news whereof raised the King of Scots from that Castle from whence he fled and besieged Alnwic and sent from thence Earl Duncan the Earl of Anegus and Richard de Morvill with almost the whole Army to harass pillage and burn the Countries round about His Army barbarously burns and wastes the Northern Countries which Orders they executed with barbarous and more than inhumane Butcheries and Cruelties if we believe these Historians In the mean time the Commanders of the Yorkshire Army being informed of his Retreat from Prudhou and that he had [9.] Ibidem p. 55. a. He besiegeth Alnwic besieged Alnwic and sent most of his Army from him they make towards him with mighty speed and on a sudden came before Alnwic where they found him secure sporting with his Soldiers and fearing nothing for when he saw them afar off he thought they had been his own Army under Earl Duncan but when they set upon him And before it is surprized and taken and took him Prisoner his Soldiers fled With him they took Richard Cumin William Mortemer William de Insula or Lisle Henry Revel Ralph de Ver Jordan a Flemming Waldeuf Fitz-Baldwin de Bicre and Richard Malus Juuellus This was done on the Thirteenth day of July On the same day [1.] Ibidem Hugh Earl of Bar the Nephew of Hugh Bishop of Durham landed at Hertlepole with forty Knights from France The Bishop of Durham hearing the King of Scots was taken Prisoner sent back the Flemmings â—e had retained He puts the Knights or Horse into Alverton Caâ—le and 500 Flemmings for whom the Bishop had sent but when he heard the King of Scots was taken Prisoner he remanded the Flemmings giving them forty days
in England the King of France recalled the young King and Earl of Flanders from the Sea Coast and with a great Army besieged Roven but prevailed little against it for the Barons and Knights of Normandy that heartily loved Henry the Father put themselves into the City and courageously defended it This news coming to King Henry the elder his Affairs in England being in a great measure setled with great speed he went to Portsmouth and on the Eighth of August being Friday landed at Barfleu in Normandy and carried with him his Brabanters and One thousand Welsh With him he also carried William King of Scots the Earls of Leycester and Chester and first imprisoned them at Caen and afterward at Falais On Sunday next he came to Roven the next Morning early he sent the Welsh beyond the River Seyn to search the Woods on that side of the Town where the King of France was with his Army they met with forty Waggons laded with Wine and Victuals from France The Welsh take a French Convoy of Wine and Victuals the Drivers and Convoy fled the Welsh pursued and took some and killed others and returning to their Prize they broke the Waggons and staved the Wine Vessels leading away the Horses The Report whereof coming to the King of France and his Army they thought of nothing but slight The King of England in the mean time cleared the Gates the Citizens had stopped up and marching out filled up the Ditch which was drawn between the King of France his Army and the City The King of France then Commanded That his Stone-Casting and other Warlike Engines should be broken and burnt He also Commanded his Soldiers to Arm. The King of England came up to his Tents with his Soldiers or Knights and their Servants and the King of France his Knights and Servants or Esquires came out of their Tents and charged furiously the English The English beat the French who took and wounded many of them and killed most of their Horses Next Morning William Arch-Bishop of Sens and Theobald Earl of Blois came to the King of England and asked Leave that the King of France might safely Retreat with his Army to Malhauny The Siege raised upon Condition he came next day to Treat with the King of England and that he should do so they both obliged themselves by their Faiths and Oaths and so the King of France departed with his Army to the place appointed and there staid but about Midnight The King of France regards not his Promise An. Do. 1174. he privately caused his Soldiers to march and they halted not until they came into France not regarding the Faith and Oaths of the Arch-Bishop or Earl by which for his advantage they had obliged themselves This Retreat of the King of France happened on the Fourteenth of August On the day following the Arch-Bishop and Earl came again [4.] Ibidem p. 58. b. p. 59. a. to King Henry the Father and propounded a * Colloquium That was the word as much used in the old Historians French and English as Concilium was for a Parliament Richard Earl of Poictou Rebels against his Father He flies before his Father and leaves his Castles and Fortresses He casts himself at his Fathers Feet and begs Pardon Conference or Treaty between him and the King of France at Gisers upon the Feast of the Nativity of the Virgin Mary or Eighth of September at which time they met but could not agree but appointed another Colloquium or Treaty on Michaelmass-day between Tours and Ambois upon Condition that the King of England the mean while might march into Poictou to subdue his Son Richard they swearing That neither the King of France nor the youg King nor any for them or on their Party should give or send him Relief When he came into Poictou his Son Richard dare not stand him but fled from every place where he thought he would come and relinquished the Castles and Fortresses he had formerly taken and when he heard the King of France and his Brother had made Truce with the King his Father and excluded him he was mightily troubled and came weeping and cast himself at his Fathers Feet and asked his Pardon He moved with Paternal Compassion received him into favour and kissed him [5.] Ibidem p. 59. a. Hoved. f. 309. a. n. 30 40 50. Who forgives him This Peace was made between his Father and him on the Twenty third of September Richard went with his Father to meet the King of France and his Brother that he might inform them what he had done On Michaelmass-day all Parties met between Tours and Ambois according to Agreement and the day following the young King and his Brothers All his Rebellious Sons submit to his Mercy according to the Advice of the King of France submitted themselves to their Fathers Mercy and made with him Articles of Peace and confirmed them with their Seals I. The young King [6.] Append. n. 35. Articles of Peace between old King Henry and his Sons Henry and his Brothers Richard and Geofry should return to the Obedience of their Father notwithstanding any Oaths of which they were to be absolved they had made between themselves or with others against him or his Men. II. That all their Men Tenents in Military Service or such as had otherwise done Homage to them and Barons such as held immediately of them their Baronies that had for their sakes receded from the Fidelity they ought to their Father were by them to be freed and acquitted from the obligation of such Oaths and Covenants they had made with them and so were to return into the Homage and Allegiance of their Lord the King III. The King his Men and Barons were to re-have and possess all their Lands Castles c. which they had fifteen days before the Rupture between Father and Sons Likewise the Kings Barons and Men that left him and followed his Sons were to have again all their Lands they had at the same time IV. The King the Father remitted all Evil Will towards his Barons and Men which left him so as for that he would do them no Evil so long as they served him faithfully as their Liege Lord. The like the young King remitted to all Clerks and Laicks which were in his Fathers Service and gave Security he would not procure their hart or damage in his whole Life V. By this Concord the King was to give his Son Henry two convenient Castles in Normandy by his own appointment and 15000 l. yearly of Anjou Money To his Son Richard two convenient Receptacles or Places of Receit in Poictou so as no damage might accrue to his Father from them and in Money half the Revenue of Poictou To his Son Geofry he gave in Money half the Fortune or Revenue he was to have by his Marriage of Earl Conans Daughter and after he was Married to her by Consent of
He likewise impleaded all the Earls Barons Clerks and Laicks of England concerning their Forfeitures in his Forests and for Hunting in the time of War and caused them all to be Fined notwithstanding Richard de Lucy Justitiary of England appeared on their behalf and vouched the Kings Mandate from beyond Sea by which he was impowred to grant them License to Hunt c. On the Tenth of August [1.] Hoved. f. 311. b. n. 30 40. Ben. Abb p. 66. b. 67. a. b. Both Kings meet at York where the King of Scotland and David his Brother did Homage to them both Kings were at York where William King of Scotland and David his Brother Cum universis fere Episcopis Abbatibus aliis Magnatibus terrarum suarum says Hoveden with almost all the Bishops Abbats and great Men of his Land Abbat Bennet says That the King of Scots met him there secum adduxit omnes Episcopos Comites Barones Milites Francos Tenentes terrae suae a maximo ad minimum and brought with him all his Bishops Earls Barons Knights and Franc-Tenents or such as held by Military Service from the greatest to the least The Business of this great Meeting was to renew the Peace and Agreement the King of Scots had made with the King of England when he was his Prisoner at Falais in Normandy The Effect where f was 1. â—That the King of Scotland and David his Brother did Homage to King Henry for all the Territories they were possessed of namely Scotland and Galway and did Swear Allegiance and Fealty to him against all Men. The like they did to Henry his Son saving their â—Allegiance and Fealty to his Father The Bishops and Abbats of Scot and swear Allegiance and Fealty to the Kings of England and their Heirs 2. â—In like manner Richard Bishop of St. Andrews Joscelin Bishop of Glasco Richard Bishop of Dunkeld Christian Bishop of Galway Andrew Bishop of Caâ—nes Simon de Thoum Bishop of Murrey the Abbat of Kelzan Laurenâ—e Abbat of Malros and the Abbat of Newbottle and besides those all the Abbats of Scotland did Swear Allegiance and Fealty by the Command of the King â—of Scotland to both Kings of England and their Heirs for ever 3. â—The same Bishops sware That if the King of Scotland observed not this Agreement with the King of England they would put him and his Land under an Interdict until he submitted himself to his good pleasure They swear Subjection to the Church of England They also Sware they would continue the same Subjection to the Church of England their Predecessors â—were used to observe or such Subjection as was due unto it 4. The Earls and Barons of Scotland swear Allegiance to both the King and his Son Henry â—In like manner the Earls and Barons by Command of the King of Scotland did Homage and sware Allegiance and Fealty to both Kings against all Men viz. Earl Dunâ—can the Earl of Angus and Earl Waldef and they sware That if the King of Scotland should recede from the Agreement they would assist the King of England against him until he made satisfaction according â—to his Will The Agreement between the King of England and Scotland Sealed Several Cautionary Towns and Castles put into the King of England's hands And then the King of England caused the Agreement between him and the King of Scotland to be read before them all and to be Confirmed with his Seal and the Seal of his Brother David which see in the Appendix n. 167. But besides their Seals he had for his Security the Castles of Rokesburgh Berwick Gedwurth Edinburgh and Sterling put into his Hands which were to be maintained by a proportionable Allowance out of the Revenue of the King of Scotland by assignment of the King of England After [2.] Ibidem p 69. a. The King of England gives leave to the King of Scots to go into Galway the dispatch of this great Affair at York King Henry gave leave to the King of Scots to march with his Army into Galway to subdue Gilbert Son to Fergus that had receded from his Fealty and wickedly slain his Brother Vctred On the Twenty fifth of January [3.] Hoved. f. 313. a. n. 50. The King holds a Council at Northampton the King held a great Council at Northampton with the King his Son and with the Arch-Bishops Bishops Earls and Barons concerning the Statutes and Laws of the Kingdom and by common Advice of them all divided it into six parts into every one of which he sent three Justices which were these I. Hugh de [4.] Ibid. b. Cressi Walter Fitz-Robert Robert Mantel Norfolke Suffolke Cambridgeshire Huntingtonshire Bedfordshire Buckinghamshire Essex Hertfordshire II. Hugh de Gundevill William Fitz-Ralph William Basset Lincolnshire Nottinghamshire Derbyshire Staffordshire Warwickshire Northamptonshire Leicestershire III. Robert Fitz-Bernard Richard Giffard Rogert Fitz-Râ—infray Kent Surry Hampshire Sussex Berkshire Oxfordshire IV. William Fitz-Stephen Bertram de Verdun Turstan Fitz-Simon Herefordshire Gloucestershire Worcestershire Shropshire V. Ralph Fitz-Stephen William Ruffus Gilbert Pipard Wiltshire Dorsetshire Sumersetshire Devonshire and Cornwall VI. Robert de Vaus Ranulp de Glanvill Robert Pikenot Yorkshire Richmundshire Lancastershire Coupland Westmâ—rland Northumberland Cumberland And then [5.] Ibidem n. 40. The King Swears his Justices to observe his Statutes the King caused all these Justices to Swear they would truly and justly without any Artifice keep the underwritten Statutes and cause them to be kept inviolably by his Subjects The Assises or Statutes of King Henry made at Clarendon and Renewed at Northampton I. The Trial by Water Ordeal Established â—IF any one was Accused before the Kings Justices of Murder Theft or Robery or for receiving such Malefactors or of Forgery or Malicious Burning of Houses by the Oaths of twelve Knights of the Hundred and if there were not Knights present then by the Oaths of twelve Lawful Freemen and by the Oaths of four Men of every Town of the Hundred let him go to the Judgment or Trial of Water or Water Ordeal and if he appears Guilty let one Foot be cut off And at Northampton it was added for the Rigor of Justice That he should besides his Foot have his Right Hand cut off and to abjure the Kingdom and leave it within forty days If he be Innocent let him find Pledges and Sureties and stay in the Kingdom unless he be accused of Murder or any heinous Felony by common Fame or Report of Legal Knights of the Country then though acquitted by the Trial of Water he was to go out of the Kingdom within forty days and carry his Goods with him saving the Right of his Lords and to be at the Kings pleasure for abjuring the Kingdom This Statute shall take place from the time the Assise or Statutes were made at * * Anno Dom. 1164. 10 Hen. 2. Clarendon until this time and as much longer as the King pleaseth in Murder
of Richard Bishops of Winchester Henry Bishop of Bayeux Giles Bishop of Eureux Froger Bishop of Sees and in presence of Simon Earl of Eureux and Robert Earl of Leicester and before many other Earls and Barons of his Kingdom That no Man presume to take the Goods of a Vassal for the Debt of his Lords nequis pro Domini debito res hominis capere praesumat unless the Vassal was Pledge or Surety for the Debt of his Lord but the Rents of Vassals which they are to pay to their Lords shall be paid to their Lords Creditors not to the Lords The other proper Goods of Vassals shall be in peace neither shall it be lawful for any one to Distrein namtire non liceat or take them for the Debts of their Lords This Statute and this Custom Hoc Statutum Consuetudinem hanc c. the King Ordained should be firm and general in all his Towns and every where in his Dominions viz. in Normandy Aquitan Anjou Main Turain and Britany and that it might be stable permanent and firmly observed and kept it was Written and Confirmed with his Seal After this the King [3.] Ibidem 110. a. The King of England summons his Earls and Barons of Normandy to appear with Horse and Arms. by his Writ summoned the Earls and Barons of Normandy to meet him at Argenton on the Ninth of October prepared with Horse and Arms for his Service and went to Alencon and sent his Son Richard into Poictou to subdue his Enemies King Henry desirous to return into England sent to Lewis King of France and obtained his Letters of Protection in this Form [4.] Hoved. f. 327. a. n. 30. An. Do. 1178. The King of France gives the King of England Letters of Protection LEWIS King of France to all whom these Presents shall come Greeting Know ye that We have received into Our Custody all the Lands of Our Most Dear Brother Henry King of England on this side the Sea if he shall happen to pass into England or go on Pilgrimage so that when his * Baillivi sui Bayliffs or Officers shall Require Vs We shall truly without Design give them our Counsel and help for the Defence and Protection of the same After his coming out of [5.] Ibidem f. 331. a. n. 40. Geofry Earl of Anjou Knighted by his Father His Military Exercise and Ambition Normandy into England at Woodstock he Knighted his Son Geofry Earl of Britany who soon after passed into Normandy and in the Confines of France and that Country was at a Torneament or the Exercise of Feats of Arms where he was ambitious to have the Reputation of a Courageous Kngiht and the rather because his Brothers Henry and Richard had acquired great Honour and Renown in such Military Exercises Peter of St. Agatha [6.] Ibidem b. n. 10. The King puts an Oath upon the Popes Legat. An. Do. 1179. the Popes Legat came this year through England to summon the Bishops and Abbats of Scotland and Ireland to a General Council at Rome but before he had leave to pass through the Kingdom he made Oath not to do or seek to do any Injury to the King or Kingdom and that he would return the same way [7.] Ibidem f. 332. a. n. 50. And upon the Scottish and Irish Bishops and Abbats An. Do. 1179. The same Oath the Scottish and Irish Bishops and Abbats took before they had passage given them to go this way with the Legat. After Easter the King [8.] Ibidem f. 337. a. n. 20. England divided into four Circuits held a great Council at Windsor and by the common Advice of his Arch-Bishops Bishops Earls and Barons he divided England in four parts and to every part he appointed Wise Men to do Justice in the Land After this manner I. Richard Bishop of Winton Richard the Kings Treasurer Nicholas Fitz-Torold Tho. Basset Robert Witefeld Hamshire Wiltshire Gloucestershire Dorsetshire Sumersetshire Devonshire Cornwall Berkshire Oxfordshire II. Geofry Bishop of Ely Nich. the Kings Chaplain Gilbert Pipard Reginald de Wisbech the Kings Clerk Geofry Hosee Cambridgeshire Huntingtonshire Northamptonshire Leicestershire Warwickshire Worcestershire Herefordshire Staffordshire Shropshire III. John Bishop of Norwich Hugh Murdac the Kings Clerk Michael Belet Richard Del Pec. Radulph Brito Norfolk Suffolk Essex Hertfordshire Middlesex Kent Surrey Sussex Buckinghamshire Bedfordshire IV. Godfrey de Lucy Johannes Cumin Hugh de Gaerst Ranulph de Glanvill William de Bendings Alanus de Furnellis Nottinghamshire Derbyshire Yorkshire Northumberland Westmerland Cumberland Lancaster The last six were appointed [9.] Ibidem b. n. 20. Justices in the Kings Court to hear the * Clamores populi Clamor a common word then for a Suit or Petition Clamours or Business and Suits of the People and had the last seven Counties assigned them This year Lewis King of [1.] Jo. Brom. Col. 1139. n. 40 50.60 c. An. Do. 1179. The King of France calls together all his Bishops Earls and Barons to Crown his Son Philip at Rhemes His Son falls sick He had a Vision by which he was admonished for his Sons Recovery to visit the Martyr of Canterbury so called France cited all the Arch-Bishops Bishops Earls and Barons of his Kingdom that they should without Excuse be in the City of Rhemes on the Assumption of the Virgin Mary that is the Fifteenth of August to Crown his Son Philip then Fifteen years old They hastned to come as they ought to do but just before the time his Son fell into a great Sickness so as many despaired of his Life his Father grieved night and day and was mightily afflicted for his Son Being thus without Comfort one Night when he had happily fallen into a sound Sleep St. Thomas the Martyr of Canterbury appeared to him and told him the Lord Jesus Christ had sent him his Servant to him to let him know That if he believed and with Contrition went to visit his Servant Thomas the Martyr of Canterbury his Son should recover his Health He discovered this Vision to his Friends and asked their Advice who told him it was dangerous to pass by Sea into another Mans Country Roger Hoveden is more modest in this Story and only says he was admonished by Divine Revelation He comes to Canterbury Offers and Prays at his Tomb. Gives the Monks 100 Measures of Wine every year And grants them a Charter of many Priviledges in France c. The next Night the Martyr appeared the second and third time and told the same Story and added Threats if he went not quickly and obeyed the Command of God He came and the King of England met him at Dover on the Twenty second day of August and Conducted him to the Tomb of the Martyr where the King of France Prayed and offered a great and precious Golden Cup and gave to the Monks of Holy Trinity for ever yearly One hundred Measures of Wine Centum Modios Vini to be
Sunday in Lent at which day He the Patriarch the Bishops Abbats Earls and Barons of England William King of Scots David his Brother and the Earls and Barons of that Kingdom met at London and then Deliberating and Advising about this Affair they unanimously agreed the King should Consult the King of France and so the Council was dissolved The King gives all his Subjects leave to take upon them the Cross And the King gave leave to all his Subjects as well Clerks as Laicks to take the Cross and thereupon Baldwin Arch-Bishop of Canterbury * Ranulph or as some Radulph de Glanvill Ranulph Justiciary of England Walter Arch-Bishop of Roven Hugh Bishop of Durham and many other Bishops in England and beyond Sea and almost all the Earls Barons and Knights of England Normandy Aquitan Britany Anjou Turain and Main undertook the Crusado On the Second of May [3.] Ibidem f. 359. a. n. 30. An. Do. 1185. Richard submits to King Henry his Father the King Heraclius Patriarch of Jerusalem the Bishop of Durham and many of the Chief Men of England went intâ— France in Normandy the King raiseth a great Army and sent to his Son Richard who had Armed Poictou against his Father and beaten Geofry his Brother Earl of Britany That unless he delivered all that Country to his Mother Alienor free and in Peace he would come and scourge him for his obstinacy and undutifulness At whose Command he laid by all Hostility rendred to his Mother Poictou and remained with his Father as a very kind Son A while after [4.] Ibidem n. 40. The Kings of England and France promise Relief for the Holy Land The Patriarch goes away dissatisfied the Kings of England and France had a Conference about the Relief of the Holy Land and they both promised to give very good Assistance in Men and Money But this pleased not the Patriarch for he hoped he should have carried back with him for the defence of it the King of England or one of his Sons or some other Man of great Conduct and Authority but because he could not do this he returned much disatisfied and confounded King Henry at [5.] Ib. f. 360. a. n. 20. The King of France promises to give Alice his Sister to Richard Christmass kept his Court at Damfront in Normandy and after that Solemnity at a Conference with Philip King of France at Gisors he sware he would deliver to his Son Richard Alice the Kings Sister that he might make her his Wife and the King of France granted to Richard with his Sister Gisors and all that his Father Lewis had granted with his Daughter Margaret to Henry the young King of England and swore he would never move any Question against them concerning those Lands After this Conference the King passed into England Soon after [6.] Ibidem Rowland the Scot makes his Peace with the King his arrival he marched to Carlisle with a great Army and intended to go further to correct Roland or Rowland the Son of Vctred the Son of Fergus for Disseising Dunecan the Son of Gilbert the Son of Fergus but Rowland came thither to the King and made his Peace with him The same year [7.] Ibidem n. 30. An. Do. 1186. Geofry Earl of Britany in a Military Conflict at Paris was kicked by and trampled under the Horses Feet and slain where he was buried in the Cathedral After whose [8.] Ib. f 361. a. n. 40 50. Geofry killed in a Military Coâ—flict at Paris by his Horse death Philip King of France would have had the Custody of his Daughter and then only Heir but the King of England would no way consent to it and sent Walter Arch-Bishop of Roven William de Mandevill Earl of Albamarle and Ranulf de Glanvill Justiciary of England at whose Request the King of France granted a Truce until the Feast of St. Hillary next In the mean time [9.] Ibidem b. n. 10. He left his Wife with Child of his Son Arthur Constance the Widow of Earl Geofrey whom he had left great with Child brought forth a Son who was named Arthur Next Winter [1.] Ibidem n. 40. the King carried over into France Cardinal Octavian and Hugh de Nunant that they might be present at a Treaty between him and that King at which Conference he made such intolerable Demands that they departed one from another without hopes of Peace After Whitsunday [2.] Ibidem n. 50. An. Do. 1187. Richard and John the Kings â—ons besieged by the King of France the King of France besieged the King of England's two Sons John and Richard with a great Army in Castle-Radulf Their Father comes to Relieve them the King of France meets him with his Army and draws it up in Batalia the King of England likewise rangeth his when by Advice [3.] Ib. f. 362. a lin 1. A Truce made for two years and Mediation of the Bishops of both Kingdoms they make a Truce for two years so as the King of France should posssess Issoudun for that time The Truce concluded [4.] Ibidem n. 10. Richard seizes his Fathers Treasure and fortifies his Castles Earl Richard against the Will of his Father remained with the King of France and such an Intimacy there was between them that they often eat together and lay in the same Bed His Father grew jealous of him and often sent for him out of France he pretending to come to him went directly to Chinon where his Fathers Treasure was and carried away the greatest part of it notwithstanding the resistance the Keeper of it made and with it fortified his Castle in Poictou and would not come at his Father At last he submits and does Homage Yet at length he once more returned and did Homage to his Father before many of the Clergy and Laity and swore to him Fealty against all Men upon the Holy Gospels and that he would never recede from his Advice On Christmass-day [5.] Ibidem f. 365. b. lin 1. n. 10. The King of France threatens to invade Normandy King Henry was at Caen in Normandy from thence he went to Barsleu and from thence into England So soon as the King of France heard he was gone he gathered a great Army and threatned to wast Normandy if he did not restore Gisors with its Appurtenances or Married not his Sister Alice to his Son Richard Upon notice of this the King presently passed into Normandy and on the Twenty first of January there was a Conference between them at the old place between Gisors and Trie where also were Convened the Arch-Bishops Bishops Earls and Barons of both their Dominions There was also at this great Convention the Arch-Bishop of Tire who Preached so effectually to them that all who were Enemies one to another were heartily reconciled Both Kings reconciled and receive the Cross and received the Cross from his Hands The Kings resolved to go
Laicks to Collect this Tenth but the King of Scots met them between Werk and Brigeham and would not permit them to enter into his Kingdom to collect them yet offered to give the King for them The King of Scoâ—s offers 5000 Marks and to have his Castles again Five thousand Marks of Silver After the same manner Philip King of France caused the Tenths of the Rents and Moveables hominum suorum of his Men or Subjects to be collected in all his Dominions This very year [4.] Ibidem n. 50. Raymund Earl or St. Giles makes War upon Richard the Kings Son and is conquered Raymund Earl of St. Giles Aimer Earl of Engolism Geofry de Rancune and Geofry de Lusignan and almost all the richest People of Poictou made War upon Richard Earl of that Country and he upon them who overcame them all and amongst other Prisoners he took one Peter Seillun that had advised the Earl of St. Giles to take some Merchants or Tâ—adesmen that were under Earl Richards Protection and Inhabitants of his Countries and use them ill The Earl kept him close Prisoner and when the Earl of St. Giles [5.] Ibidem b. lin 1. found he could not Redeem him Way-laid and gave order to his Castellans and Soldiers to apprehend any of the King of England's Sons Earl Richard's Subjects Within a little while they seize upon Robert Poer and Ralph his Brother two Knights of the Kings Family that had been in Pilgrimage at St. James in Spain and were returning home and delivered them to Earl Raymund who kept them in Prison until his Servant Peter was ser free Richard would make no exchange but said the Reverence of their Pilgrimage was sufficient to discharge them and therefore the King of France Commanded they should be set free neither for Respect to the King of England or his Son Richard but for the Reverence he bare to St. James the Apostle [6.] Ibidem n. 10. The Earl of St. Giles Released them not by the King of France his Command but for the great Ransom he had of them Earl Richard [7.] Ibidem n. 20. An. Do. 1188. Richard enters his Country and wastes it moved with this entred his Country with an Army and wasted it with Fire and Sword and besieged and took his Castles near Tholose The King of France hearing the Complaints of the People sent into England to King Henry to know whether the damages that were done in his Dominions by his Son Richard were done by his Order and demanded Restitution King Henry returned this Answer The King of France complains to the King of England That his Son had not done any thing by his Directions or Consent and that he had let him know by John Arch-Bishop of Dublin that he had done nothing but by Advice of the King of France At this time King Henry [8.] Ibidem n. 30 40. King Henry receives a Letter from the Patriarch of Antioch received an Epistle of the Patriarch of Antioch representing to him the miserable Condition of the Christians in the Holy Land How that on the Fourth of July 1187. Saladin Emperor of the Saracens or Turks in a pitcht Battle had killed their Prince Raimund with his own hands that there were of Bishops Templars Hospitallers and others that accompaâ—ed them 1200 slain and 30000 Foot besides those that were destroyed in the Towns and Cities which were taken there reckoned up to the number of thirteen That he then besieged Jerusalem and swore to take the Sepulchre and divide it into small pieces and throw it into the Sea c. To this the King [9.] Ibidem f. 367. a. n. 20 30 c. He Answers it and gives great hopes that Relief would speedily be sent sends an Answer to the Patriarchs of Jerusalem and Antioch in which he gives them great encouragement and tells them there was coming to their assistance such an Army of Christians as was never heard of nor seen before and that amongst the other Princes he and his Son rejecting and despising all the Glory and Pleasures of the World were coming towards them with all the speed imaginable But in the mean time [1.] Ibidem n. 50. The King of France enters Berry wiâ—h a great Army Philip King of France had raised a great Army and entred Berry and taken Castle-Radulf quod Burgenses reddiderunt ei which the Burgesses delivered to him and proceeding almost all Berry except Luches was delivered to him The King of England demanding a Reason of these things it was told him they were done in Revenge for the Injuries Richard Earl ' of Poictou had done to the King of France and Earl of St. Giles The King of [2.] Ibidem b. liv â— c. The King of France refuses to make Peace England Advising with his Friends sends Baldwin Arch Bishop of Canterbury and Hugh Bishop of Lincoln to the King of France that they might persuade him to Peace and when they could not he passed into Normandy and landed at Barfleu on the Eleventh of July and gathered together in Normandy and his other Countries a great Army In the mean time Richard Earl of Poictou enters Berry destroys the Lands of the Earls and Barons that adhered to the King of France and took some of them The King of France [3.] Ibidem n. 10. left Berry to William de Barres to defend it and went toward the King of England permitting his Soldiers to waste his Dominions He sends Walter Arch-Bishop of Roven John Bishop of Eureux and William Marshall to demand Restitution and unless he made it to defie him The King of France Answers he would not desist until all Berry and Veuxin-Norman was subjected to him Toward the [4.] Ibidem n. 20 30. Richard Earl of Anjou destroys the King of France his Countries The King of France desires Peace later end of August the King of England entred the King of France his Dominions His Son Richard took William de Barres Prisoner and his Father and he and William de Mandevill burnt and destroyed the King of France his Countries and took his Towns and Castles more and faster than he burnt and took theirs so as he sent to them and desired Peace and offered to part with what he had gotten in Berry They came to a Conference at [5.] Ibidem n. 40. They meet to Treat of Peace but cannot agree Gisors to Treat of Peace and when they could not agree the King of France in a mighty rage and anger cut down a brave spread flourishing Elm between Gisors and Trie where the Conferences were wont to be between the Kings of France and Dukes of Normandy and sware there never should be more Conferences in that place The [6.] Ibidem n. 50. Several French Lords lay down Arms. Earl of Flanders Earl Theobald and the other Earls and Barons of France laid down their Arms and said they would fight no more against
Christians until they returned from their Pilgrimage to the Holy Land The King of France destitute of his Friends desired a Conference with the King of England he consents and on the Morrow being the Sixth of October St. Faith's-day they met at Chasteaux The Terms propounded were [7.] Ibidem That the King of France should resign what he had taken since the Truce The Treaty for Peace renewed but without effect and that Earl Richard should resign what he had taken by War from the Earl of St. Giles and for Security the King of France demanded of the King of England the Castle of Passy which he would not grant and so they parted Enemies The King of France took the Castle of Palud as he went from thence and passed on to Castle-Radulf and brought the Plundering Brabanters from thence to Bourges promising them their Pay where he took away their Horses Arms and all their Goods and turned them off naked and without Arms. Earl [8.] Ibidem f. 368. a. lin 6. Richard offers to stand to a Tryal in the French Court. Richard offered to come into the Court of France and stand to the Law there for what had been done between him and the Earl of St. Giles that so he might make Peace between the two Kings which much displeased the King of England On the Nineteenth of October [9.] Ib. f. 370. a. n. 30. they had another Conference between Bon-Molins and Suleini where the King of France offered to render whatsoever he had taken by War upon Condition he would deliver his Sister Alice to Earl Richard his Son that he might make her his Wife and that he would permit him as his Heir to receive the Homages and Fealties of the Men of all his Dominions But King Henry being sensible of the ill Consequences of that and the Injuries and Mischiefs he had received for permitting it to his Son Henry and by exalting him he utterly refused to do it whereupon Richard was exceedingly displeased Richard swears Fealty to the King of France and without the knowledge or Consent of his Father did Homage to the King of France for all the Tenements or Lands of his Father in that Kingdom and sware Fealty to him against all Men and adhered to him and for his Homage and Fealty gave him Castle-Radulph and Issoudun with the whole Honour Yet the two Kings made a Truce [1.] Ibidem n. 30 40. A Truce agreed upon and Earl Richard Anathematized until the Feast of St. Hilary and Henry Bishop of Alba and a Cardinal whom the Pope had sent to reconcile the two Kings Anathematized Earl Richard as a Disturber of the Peace After the Feast of St. Hilary [2.] Ib. f. 37. b. n. 30. The King of France and Earl Richard wasted the King of England's Dominions when the time of Truce was expired the King of France Earl Richard and many other Earls and Barons that had left the King his Father and the Britans to whom the King of France and Earl Richard had given their Charts that they would not make a separate Peace with the King of England excluding them in a Hostile manner entred the Dominions of the King of England and wasted them every way John _____ Cardinal came from the [3.] Ibidem n. 40 50. An. Do. 1189. Pope to the two Kings to exhort them to Peace and he obtained of them to stand to the Judgment or Determination of himself the Arch-Bishops of Canterbury Rhemes Roven and Bourges and appointed them a day of meeting near Ferte-Bernard eight days after Whitsunday All to be Excommunicated that were Hinderers of the Peace except the two Kings and the Cardinal and four Arch-Bishops pronounced Sentence of Excommunication against all Men Clerks as well as others that should hinder the making of Peace excepting the Persons of the Kings themselves They all met at the time and place appointed and the Earls and Barons of both Kingdoms In this Conference the King of France demanded of the King of England that his Sister Alice might be given in Marriage to Richard Earl of Poictou and that the Homages and Fealties c. as in the last Treaty And further that John his Brother might receive the Cross and go to Jerusalem The King of England [4.] Ibidem f. 372. a. l. n. 2. The Treaty ends without success Answered That he would never consent to it and offered the King of France that if he would agree to it his Sister Alice should be given in Marriage to his Son John and that all things should be performed more fully than he desired but the King of France would not yield to this and so the Treaty ended without success The Cardinal [5.] Ibidem n. 10. The King of France values not the threats of an Interdict threatned the King of France that if he made not Peace with the King of England he would interdict his Dominions The King told him he valued iâ— not and said it belonged not to the Church of Rome to pronounce Sentence against the Kingdom of France when the King chastised his Men homines suos or Subjects for their Contumacy and Rebellion and the Injuries done to the Crown And added That the Cardinal had smelt or received some of the King of England's Sterlings The King [6.] Ibidem of France presently attempted * i. e. Firmitas Bernardi the Fortress of Bernard The King of France defeats the King of England's Army Ferte-Bernard and took it and Montfort and Beaumont and Mayen and Tours Ambais and Chaumont and all the Castles and Towns round the Country nothing stood before him Coming to the Relief of Mayen the King of England's Army was routed and he fled with 700 Horse many were slain in the pursuit The King with a few got into the Castle of Chinon [7.] Ibidem n. 20 30 40. And the King of France had now Conquered all Tourain and Main In the [8.] Ibidem n. 50. later end of June or beginning of July Philip Earl of Flanders William Arch-Bishop of Rhemes and Hugh Duke of Burgundy came to the King of England who was then at Saumur to make a Peace between him and the King of France [9.] Ibidem b. n. 10. The two Kings and Earl Richard with their Arch-Bishops Bishops Earls and Barons met at that time between Tours and Arasic where the King of England submitted himself wholly to the Will and Pleasure of the King of France King Henry does Homage to the King of France and then did Homage to him because in the beginning of the War he had defied him and denied his Dominion and the King of France had disowned and disclaimed his Homage These were the Terms of Peace [1.] Ibidem n. 20. The Articles of Peace between King Henry and the King of France Dictated by the King of France First â—That his Sister Alice which the King of England had in Custody
him Robert Fitz-Stephan and Maurice Fitz-Girald with other twenty Knights or men at Arms. To Humfry Bohun he gave the command of Waterford and left with him Robert Fitz-Bernard and Hugh de Gundevill with forty Knights or men at Arms William Fitz-Aldelm had the Government of Wexford and with him were Philip de Hasting and Philip de Breus with twenty Knights or men at Arms. [1] Ibid. n. 30. A. D. 1173. Having made this Settlement such as it was on Easter Monday Morning i. e. by Sun-rising he went on Ship-board in the furthermost part of the Haven of Wexford toward the Sea and landed near St. Davids in Wales about Noon that day saith my Welsh Historian and from thence with all imaginable speed he passed to Portsmouth He leaves Ireland and hastens into Normandy where the Ships lay ready to transport him into Normandy he had intended to have staid in Ireland all the Summer and to have reduced the King of Connaught and the whole Nation had it not been for this sudden avocation into Normandy about the business of Thomas Beckett and the Differences between him and the King of France that were to be composed and determined by the two Cardinals Not long after the King's departure having left the Nation in some tolerable Tranquility [2] Ibid. c. 40. Ororic's Treachery to destroy Lacy and Maurice Ororic the one-ey'd King of Meth and Hugh de Lacy gave Counter-Security and made Oath each to other for their safe coming and going to and from the place appointed on a certain day met at Ororic Hill to confer and discourse for the better and more peaceable ordering of their Affairs they were to meet but a small number equal on both sides and unarmed Grifin the Nephew of Maurice Fitz-Girald had a jealousie of the Treachery of Ororic and brought with him seven choice Knights or men at Arms of his Relations after some time spent in Discourse upon several Proposals to no purpose Ororic gave the sign to his men he had laid in Ambush for the destruction of Hugh Lacy and Maurice and advanced to smite Hugh with his Irish Axe with which stroke the Interpreter interposing himself had his Arm chopt off of which wound he died Maurice and his Nephew Grifin came in to the Rescue of Hugh Lacy which when Ororic saw he intended to fly but in the very act of mounting his Horse Grifin charged him so home with his Lance Ororic killed by Grifin Nephew to Maurice that he pierced both man and Horse killing them both and afterward his Servants that brought the Horse the rest fled to the Woods of which several were killed in the persuit Ororic's Head was sent into England to the King In this conflict Ralph the Son of Robert Fitz-Stephan deserved praise before others for his Valour and Courage The Rebellion of the Sons of the King against him at this time and the Dissention both in England and Normandy and other parts of France under his Dominion which the Irish very well understood [3] Ibid. l. 2. c. â— The Irish incouraged to throw off the Eâ—glish Yoke gave them an opportunity of taking Arms and endeavouring to throw off the English Government all the Princes of the Nation were in this Confederacy For the Suppressing of this Insurrection and reducing the Country into order again Earl Richard Strongbow was sent over with the Kings Commission who in a short time spent all the Treasure he brought over with him his Soldiers also that were under the conduct of Hervey de Monte-Morisco or Mont-Morice then * Herveio se Constabularium jam gerenâ—e The Sâ—ldiers desire Reymund for their General Constable or General wanted their Pay who came unanimously to the Earl affirming that unless he would make Reymund their General again they would all presently leave him and either return into England or go over to his Enemies In [4] Ibid. c. 2. Reymund invades and Plunders Ophaly this time of necessity Reymund was made Commander in Chief of these Forces with which he invaded Ophaly and got good Plunder recruiting his Soldiers with Horse and Arms from hence he went to Lismore and plundered that City and the Country about and laded with their great Booty some small Vessels which came from Waterford and other places which they found there and carried it to Waterford by Sea in the way they were set upon by the Inhabitants of Cork distant from Lismore sixteen Miles who had manned out 32 Vessels of War to intercept them There was a smart Engagement at length the men of Cork were beaten and their Admiral Gilbert Fitz-Cutger killed by Philip Welsh a very stout young man and Adam of Hereford came safe into Waterford with his whole Charge He vanquishes Fitz-Cutger and puts Dermot to flight Reymund was not in this Rencounter but by the way coming by the Coast to Waterford met with Dermot Mac-Carty Prince of Desmond coming to the assistance of Cork men they skirmished Dermot left the Field and Raymund went to Waterford with 4000 Head of Cattle Soon [5] Ibid. c. 3. after Reymund had notice that his Father William Fitz-Girald was dead and passed over into Wales in whose absence Hervey Mont-Morice was made Constable or Commander again in Chief of these Forces and that he might seem to do something extraordinary drew the Earl and the Soldiers with him to Cassil where the Forces of Dublin were commanded to meet them In their march thither they quartered one night at Ossory of which Donald O Breen Prince of Limerick had certain advice by his Scouts very early in the Morning he beat up their Quarters and killed 300 Ostmans The Irish unanimously rise up against the English with four Knights that commanded them the Earl hearing this returned in disorder to Waterford Upon occasion of this accident the whole People of Ireland unanimously rise against the English so as the Earl was as it were besieged in Waterford Roderic Prince of Connaught passed the River Shanon and invaded Meth demolished the Castles being without Garisons and with Fire and Sword wasted the Country almost to the very Walls of Dublin The Earl [6] Ibid. c. 4. was in a great streight and wrote into Wales to Reymund that he would return with all speed and bring what Aid he could and then upon his first landing he should enjoy and receive in Marriage his Sister whom he had long loved with all imaginable speed he and his Cousin Meyler with thirty Gentlemen of their kindred an hundred Horse and three hundred Archers chosen men of Wales shipped themselves in fifteen Vessels and landed at Waterford The Waterfordians design to kill all the English within their Walls at this time the Waterford men had designed to kill every English man within the Walls but when they saw these Vessels come from Wales with Flags and Banners displayed they altered their purpose So soon as Reymund entred Waterford with his
Forces he conducted the Earl to Wexford leaving the care of that Town unto one Tyrell or Purcell him the Waterfordians slew and all the English they could find in the Streets or in their Houses Man Woman and Child not sparing Age or Sex yet the City it self was preserved by such as were in Reginald's Tower who drove the Traytors out of the City and forced them to seek for Peace which they obtained upon hard Conditions Reymund marries Basilia At Wexford Reymund was married to Basilia and the Wedding night being over next day hearing Roderick King of Connaught had again destroyed Mâ—th and was marched into the Country near Dublin went with his Forces toward him but he stayed not his coming Reymund finding him retired repaired the Castles in Meth and brought things to such a pass as through fear of him the Nation for some short time remained in Peace But long it was not [7] Ibid. c. 8. Donald breaks his Oath made to King Henry e're Donald O Breen or Brin King of Limerick and Mounster departed from the Fealty he had sworn to the King of England Whereupon Reymund gathered together an hundred Knights or men at Arms and with twenty other Horse-men as his Guard three hundred Archers on Horseback and as many on Foot about the first of October attacqued Limerick and coming to the River Shanon that almost encompasseth the City which was deep and swift they could proceed no further David Welsh his Courage David Welsh so called from his Family not Country a couragious young Gentleman that despised Death in respect of Honor forced his Horse into the River and passed over it and from the place where he was cried out to the Army he had found a Foord yet none followed him but one Geofry Judas a common Soldier who was drowned Meiler seeing this envying the Courage and Honor that David Welsh had got in his passing over and safe return clapt Spurs to his Horse and went through the River notwithstanding the great danger he was to undergo from the Stones thrown at him from the Walls and the opposition he was to meet with at his going out of it on the other side yet he got safe upon Land and was presently encountred by the Enemy Reymund observing in what danger his Nephew was incouraged his Army and led them over with the loss only of two of his Guards and one common Soldier named Guido Reymund takes Limerick that were drowned He presently drove the Enemy into the City and with great slaughter of the Citizens took it by force wherein the Army found much rich Booty and Gold When Reymund [8] Ibid. c 10 had put the City into good order leaving there fifty Knights or men at Arms with 200 ordinary Horse and as many Archers he marched into Leinster leaving Miles of St. Davids Governor of it Hervey de Monte Marisco envying the Honor and Success of Reymund notwithstanding he was related to him by the Marriage of his Cousin German Nesta Hervey endeavors to undermine Reymund the Daughter of Maurice Fitz-Girald plied the King continually with secret and malitious Informations against him insinuating and asserting that he would not only subdue and usurp to himself and followers the Country of Limerick but also the whole Nation of Ireland The King moved with this Information and giving credit to Hervey sent [9] Ibid. c. 11 four Legats or Commissioners Robert Poer Osbert de Hereford William de Bendinges and Adam de Gernemie or rather Gernemâ—e whereof two were to come with Reymund being recalled into England and two were to stay with the Earl But it so happened that while Reymund was preparing for his passage into England Messengers came from the [1] Ibid. c. â—2 Garison in Limeric Donald besieges Limeric relating that Donald O Breen Prince of Tuomond with a great multitude had besieged or encompassed it and that in Winter time they had spent most of their Victuals and therefore desired sudden Relief The Earl was very earnest and sollicitous to relieve them and called upon and quickened the Army to that undertaking Reymund sent to relieve it but they all denied to march without Reymund The Earl advising with the Kings Commissioners at length as well by the earnest request and pressure of him as of them Reymund undertook the Service and marching towards Cashil with 80 Knights or men at Arms 200 ordinary Horse and 300 Archers besides the Irish he brought with him Murchard Prince of Kincel perhaps now Kynsale and Donald Prince of Ossory he heard that Donald of Tuomond had left the Siege of Limeric and was coming to meet him at the Pass of Cassil which was of it self very strong but by new fortifying it with Ditches cutting down of Trees placing them Artificially and making strong Hedges it was made as it were impassable The Army [2] Ibid. c 13. Meyler enters Limeric marched in three Divisions Meyler commanded the first who made such a furious onset at the Pass as he almost destroyed the Hedge and Barricado of Trees killing many of the Defendents and opened his way through it by the Sword on the Vigil or Eve of Easter and on Tuesday that week entred Limeric with his Victorious Army and repaired what had been ruined or destroyed by the Siege Not long after [3] Ibidem Conaught and Tuomond swear Fealty to King Henry Reymund had Conference with the Princes of Conaught and Tuomond on the same day but not in the same place after much discourse each Prince gave Hostages and swore inviolable Fidelity for the future to the King of England and his Substitutes No sooner [4] Ibidem Reymund helps Dermot against his Rebel Son was Reymund returned with his Hostages to Limeric but Dermot Mac-Carty sent and supplicated him for assistance against his eldest Son Cormach O Lechan who had almost driven him out of his Kingdom promising him and his Soldiers large rewards He takes advice about his request and then marches to Cork takes the Town subdues the Rebel Son and restores the Father and returned with much Booty and good satisfaction to Limeric Under pretence of Peace the Son caught his Father and imprisoned him the Father under the same pretence got his Son and chopt off his Head A. D. 1175. After this the Prince of Conaught sent his Submission and Conditions to the King of England [5] Hoved. f. 312. b. n. 10 20. King Henry holds a Council at Windsor by his three Commissioners Catholic Archbishop of Tuam Cantord Abbat of St. Brandan and Laurence his Chancelor On the sixth of October the King held a great Council at Windsor present there the King his Son the Archbishop of Canterbury and the Bishops of England and present also Laurence the Archbishop of Dublin and the Earls and Barons of England where they made this Concord and Agreement on behalf of Roderic of Conaught First The King of England [6] Append.
against him The Militarie men Dissatisfied at the Arch-Bishops proceeding against the Earl of Clare heightned the anger of the King and Militarie men of the Kingdom or Government That he designed to recover the Castle of Tonebrigge from the Earl of Clare and that whole honor long ago aliened from the Church of Canterbury because according to the Decretals it was lawfull for his Predecessors and the Stewards so to manage the farmes of the Church as to increase them not to lessen or alienate them To this Earl of Clare almost all the Nobility of England were allied The [6] Ibid. p. 15 Col. 1. The Arch-Bishop pretends to a right of presentation to all livings in all Towns possessed by his great Tenants and Monks He Excommunicates William de Eynsford a Tenant in Capite and Absolves him to please the King Arch-Bishop had or challenged a right to present to the vacant Churches in the Towns as well of his Barons as his Monks and gave the Church of Eynesford in Kent to one Laurence a Priest The Lord of the Town William de Eynesford molested the Servants of Laurence and forced them out of the Town The Arch-Bishop Excommunicated him he applies himself to the King who writes to the Arch-Bishop to Absolve him whose answer to the King was That it belonged not to him to command any man to be excommunicated or absolved The King insisted upon his Royal Dignity or Prerogative That no Tenent in Capite ought to be Excommunicated without his Knowledge or Consent At length the Arch-Bishop to please the King Absolved him from henceforward the King had no kindness for him tho before he had obteined of him libertie to enjoy the whole Dignity of his Church and that he might seek to recover all the Lands which had been aliened by his Predecessors or were possessed by Lay-men The Insolence and wickedness of Clercs Long before this the King had been angry with the Clergy in the time of Arch-Bishop Theobald having been provoked with the insolency of some of them who had committed Rapin Theft and Murder [7] Ib. Col. 2. Guilty of great Crimes For this reason the King demanded of the Arch-Bishop That by the Consent of him and his * Coepiscoporum The King would have â—hem tryed in his secular Court Fellow-Bishops such Clercs as were taken in convicted of or had confessed any great crime should first be degraded and forthwith delivered to his Court That they might be corporally punished and not have any protection from the Church [ ] Ib. p. 16. Col. 1. He demanded also That when any Clerc was degraded some of his Officers might be present to take him into Custody that he might not fly and escape that punishment The [9] Ibidem The Arch-Bishop calls together the Bishops They were of opinion Clercs were to be Degraded and Delivered to the secular Court Arch-Bishop when he could not obtein leave to deferre his Answer untill next morning went apart with the Bishops and discoursed the matter The Bishops were of opinion that according to the secular Law Clercs were to be degraded and delivered to the Secular Court to be corporally punished which they proved not only by Laws but authentic Examples But he [1] Ibidem The Arch-Bishop says it was against the Canons and Cautions them about the Liberty of the Church following the Canons thought otherwise asserting it was unjust against the Canons and against God that any man should be twice punished by two several Courts And added that they ought to be very carefull that they destroyed not the liberty of the Church by their own Consent for which by example of their High Priest they were by Duty bound to contend unto Death [2] Ib. Col. 2. p. 17. Col. 1 The Bishops replyed that if they consented to what the King demanded the Church was in no danger and that they ought to yield to the wickedness of the time as they called it lest the King should seize all their Temporalties The Arch-Bishop persisted in his opinion and told them they migt not expose any man to death That could not be present at a sentence of Blood The King [3] Ib. Col. 2. not like to prevail in this asked them if they would observe his Royal Customes or Laws The Arch-Bishop answered in all things [4] Salvo tamen per omnia in omnibus ordine nostro The Arch-Bishop and Bishops answer to the King about keeping his Royal Customes Saving their Order by and in all things Afterward he asked the same thing of every Bishop in order and they all gave him the same Answer At which the King was much troubled and left them The Bishops fearful of the Kings Anger followed him and consented to acknowledge his Laws without any [5] Ib p. 18. Col. 1. saving but the Arch-Bishop was immoveable and said far be it from him That for the fear or favor of any Mortalman he should be found to contemn God [6] Ib. Col. 2. The Case between a Burgess of Scarburgh and a Dean If an Angel should come from Heaven and give him advice to make such an absolute acknowledgement he would curse him When the [7] Richard de Lucy was then Justitiary of England Satisfaction Demanded for Breach of the Kings Law King on a certain time was at York a Burgess of Scarburgh complained to him of a Dean a rural Dean that had taken from him 12 s. and injoyned his Wife penance as an Adulteress without proof contrary to the Kings Law The Dean was Convented before the King the Arch-Bishop the Bishops of Lincoln and Durham and John Treasurer of York who not being able to clear himself the Kings Barons were joyned to the Bishops to pronounce sentence upon him John the Treasurer thought it sufficient if he restored the Burgess his money again and was left to his own Bishops mercy whether he should keep his Office or not [7] Richard de Lucy was then Justitiary of England Satisfaction Demanded for Breach of the Kings Law Richard de Luci asked what satisfaction the King should have for the Breach of his Law John answered nothing because he was a Clerc whereupon he refused to be present at the Passing of the Sentence and went out with the other Barons to the King who appealed from this sentence but being called beyond Sea upon extraordinary business did not prosecute the Appeal The The Insolency and Crimes of Clercs Justices Itinerant being at Dunstable there happened a Controversie between Simon Fitz-Peter and Philip de Broc Canon of Bedford Simon informed the King that Broc in a great audience had spoken dishonorably of him The King accused him before the Arch-Bishop and not being able to deny it excused himself that it was done in passion The King demanded judgment against him The Clergy judge him to lose the Benefit of his Prebend for a year and Banishment out of England for that time but this
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
Legats should absolve his Servants Courtiers and Counsellors The [1] Hoved. f. 295. b. lin 5. The Legats came Legats came accordingly and though Hoveden mentions them not yet certainly they were Gratianus nephew of Pope Eugenius and Vivianus an Advocate in the Roman Court mentioned in [2] Col. 1407. n. 40.50 Gervase of Canterbury to whom the King Granted the Arch-Bishop should return and enjoy his Arch-Bishoprick saving the Honor of his Kingdom Salvo Honore Regni sui and by whose industry and the Application of the King of France the Agreement was finished and brought on so far as the Kiss of Peace as before related King Henry [3] Ibidem Col. 1412. n. 10.20 Hoved. f. 296. b. n. 10.20 Ben. Abb. p. 30. a. b. King Henry's design to Crown his Son had a design to Crown his Son Henry King which was kept private yet the Pope either suspected or smelt it out for on the 2d of April he wrote to the Arch-Bishop of York and all the Bishops of England [4] Append. n. 58. The Pope prohibits the Arch-Bishop of York and all other Bishops to do it That if any such Coronation was they should not perform the Ceremony without the Consent and Privity of the Church or Arch-Bishop of Canturbury whose right it was to Consecrate Kings [5] Gervas Hoved. Ben. Abb. ut supra The day appointed for this Solemnity was the 14 th of June and he was anointed and Crowned by Roger Arch-Bishop of York Hugh Bishop of Durham Walter of Rochester Gilbert of London and Iocelin of Salisbury assisting him no mention having been made of Thomas to whom the Coronation and Consecration belonged in right of his Church Gervase of Canterbury said it was done in contempt of the Popes prohibition The King [6] Hoved. f. 296. n. 30. The King of France displeased that his Daughter was not Crowned with her Husband of France hearing his Daughter Margaret was not Crowned with the young King her Husband levied a great Army and invaded Normandy The King of England having notice of it left his Son in England and passed thither and in a Treaty at Vendosme made peace with the King in the Feast of * St. Mary Magdalen promising his Son should be Crowned again and his Wife with him Gervase of Canturbury says this Treaty and the Day was appointed before the Coronation of his Son In [7] Ibidem n. 40. Thomas complains to the Pope of the A. B. of York and other Bishops for Crowning the King's Son He suspends the A. B. of York and Bishop of Durham and Excommunicates the others the mean time Thomas complained to the Pope of the Arch-Bishop of York and the four Bishops that assisted at the Coronation of the new King in the Province of Canturbury at whose Instance he Excommunicated the Bishops of London Rochester and Salisbury and suspended the Arch-Bishop of York and Bishop of Durham from their Episcopal Offices and wrote to the last two [8] Appen n. 59. He accuseth the King for Depression and Diminution of the Church an Epistle wherein he accuseth the King for Depression and Diminution of the Churches Liberties That under pretence of preserving his Royal Dignities he destroyed them contrary to the Cannons and tells the Bishops how much he had been sollicited to confirm his Prevarications and Vsurpations meaning The Statutes of Clarendon That he had sent some Cardinals and others to soften him but he grew more obdurate and would not Abate the least of the Rigor of his perverse Laws That he seized the rights of the Church of Canturbury contrary to its Ancient Dignity That his Son Henry had been Crowned by him the Arch-Bishop of York without any Caution or Reservation of the Rights of the Church of Canturbury And to avoid Damnation suspends the Arch-Bishop of York and Bishop of Durham in performing of that Solemnity and at last least he should be involved with them at the day of Judgment in the Sentence of Damnation he suspends both the Arch-Bishop of York and Bishop of Durham from the Exercise of their Episcopal Functions Notwithstanding the late peace made at Vendosme [9] Hoved. f. 297. b. n. 10. The King of France his Arch-Bishops Bishops and great Men sollicited the Pope against King Henry He complys with them Lewis of France his Arch-Bishops Bishops and great Men of the Kingdom sollicited the Pope that he would not permit the King of England to make any further Delays as he loved the Kingdom of France and the Honor of the Apostolic See Upon which The Pope granted that unless he presently made peace with the Arch-Bishop his Kingdom should be Anathematized and put under Interdict And says the Historian it pleased God to change the Kings mind so that by the mediation and paternal Exhortation of the Pope and of the King of France by the advice of many Bishops [1] Ibidem n. 20. and supplicating intervention of great Men the King received him into favour and restored him unto his Church [2] p. 31. a. Benedictus Abbas says the peremptory day was at hand so as the Sentence could be deferred no longer and That the King of England being forced by Canonic severity at length hearkened to Peace and came to Amboise near Tours on the fourth of the Ides or twelfth of October with the Arch-Bishops Bishops and great Men of his Land where he met William Arch-Bishop of Sens and Theobald Earl of Blois who brought with them Arch-Bishop Thomas and the next day it pleased Divine Providence by the mediation of the King of France and by the Command and admonition of Pope Alexander and also by the advice of the Arch-Bishops Peace between the Arch-Bishop and King and Bishops of his Land the King received him into his Grace and Favour and pardoned to him and all that were with him in Exile his anger and ill-will Iram malevolentiam suam promising to restore wholly to him all the possessions of the Church of Canturbury as he held them a year before he went out of England All agree about the matter of this Treaty but differ about the Time and Place [3] f. 297. b. n. 30. Hoveden agrees with Abbat Bennet and says it was on the 4 th of the Ides or 12 th of October on a Hill between Tours and Amboise [4] lib. 3. c. 2.5 p. 46. Col. 2.6 Col. 1412. n. 30. Quadrilogus 5 Fitz-Stephen and 6 Gervase of Canturbury say it was on St. Mary Magdalens day or 22 of July at Fretevâ—ll between Chartrin and Main in a Meadow called the Meadow of Traitors The King and Arch Bishop being thus Reconciled he [7] Append. n. 60. The King writes to his Son to give him notice of the agreement wrote into England to his Son Henry to let him Know the Arch-Bishop had made peace with him according to his own Will and therefore Commanded him to let him and all with him have and injoy
into Ireland and goes from thence through England into Normandy to meet the Cardinals His Son and his Wife Margaret Crowned at Winchest A. D. 1172. They return into Normandy the King was at Dublin in Ireland and there remained until the beginning of Lent and then removed to Wexford where he staid until Easter Then Knowing That the Cardinals Theodin and Albert were sent into Normandy from the Pope He setled the affairs in Ireland as well as he could and passed to Milford Haven from thence to St. Davids from thence to Portsmouth from whence carrying along with him his Son Henry he passed into Normandy and found the Cardinals at Caen and by their advice made an agreement with the King of France about the Crowning of his Daughter and also by their Consent and advice sent back his Son into England and with him Rotrod Arch-Bishop of Roven Giles Bishop of Eureux and Roger Bishop of Worcester to Crown him and Margaret his Wife the Daughter of King Lewis and They Crowned them at Winchester in the Church of St. Swithen on the 27th of August And presently after the Coronation The King the Son and the Queen his Wife The Arch-Bishop of Roven and the Bishops of Eureux and Worcester Returned into Normandy About a moneth after [8] Append. N. 61. King Henry's Purgation for the Death of Thomas on the 27th of September Henry King of England the father and King Henry his Son and Rotrod Arch-Bishop of Roven and all the Bishops and Abbats of Normandy met at Abrinces now Auranches in the presence of Theodin and Albert the Cardinals In whose Audience The King of England the Father in the Church of St. Andrew the Apostle purged himself and asserted his innocence by Oath upon the Reliques of Saints and the holy Gospels That he neither Commanded nor desired the Arch-Bishop should be Slain and when he heard it he Grieved vehemently But because those Malefactors that Killed him could not be had and because he feared they might have perpetrated that Prophane Deed by Reason of the Commotion and Trouble they Observed in his mind he made the following Oath of Satisfaction Hâ—s Oath of satisfaction and Pennance First he Sware That he would not Dâ—part from Pope Alexander nor his Catholic Successors so long as they Acknowledged him a Catholic King He Sware also That he would not Hinder nor Suffer to be hindred Appeals but that they might freely be made in his Kingdom to the Pope in Ecclesiastical Causes But so as if any persons were suspected by him They should give security they would do no injury to him nor his Kingdom He Sware That from Christmass following he would undertake the Crusado and go to Jerusalem for three years and That if he were Diverted by going into Spain against the Saracens he would Give the Templars so much money as by their own judgment should be sufficient for the Mainteining 200 Souldiers one year for the Defence of the Land of Jerusalem He Pardoned all Clercs and Laics which were in Exile with Thomas and Granted they might freely and in Peace return to their own again He Sware also That he would Restore the possessions of the Church of Canturbury if any had been taken away as fully as it injoyed them a year before the Arch-Bishop went out of England He Sware also That the Customs which were brought in Contrary to the Churches of his Land in his time should be wholly laid aside and dismissed All these things he Sware to Observe in good Faith and without Deceit and Caused his Son Henry to do the like except in such things as referred to his own person And That they might remain in the memory of the Roman Church The King the Father caused his Seal to be put to the Writing which conteined these Articles or Heads together with the Seals of the Cardinals Who upon this Purgation Submission and Satisfaction Granted him a [9] Append. N. 62. Chart of Absolution On the Morrow after the Cardinals held a great [1] Hoved. f. 303. b. n. 50. A great Council in Normandy with the Decrees Council with the Arch-Bishop and Bishops and Clergy of Normandy and then and there the following Decrees were made and injoyned to be observed inviolably by all men I. That Children [2] Append. n. 63. A. D. 1172. should not be admitted to the Government and administration of Churches with Cure of Souls II. The Sons of Priests should not be placed in the Churches of their Fathers III. a. Lords of Maners that built Churches upon their fee put in Priests to serve the Cure and received such profits of the Church as they and the Priest agreed upon and the Priests only staid in the Cure as long as they pleased Laics should not receive part of the oblations of the Church IV. b. This fourth Canon was to the same purpose for they let them out annually to such as would serve the Cure and give most for them That Churches should not be Committed to annual Vâ—cars V. That the Priests of great Churches which had sufficient Revenues should be Compelled to have another Priest under him VI. That Priests should not be Ordained without a certain Title VII Churches should not be let to annual farm VIII That nothing of the third part of the Tithes should be taken from the Priest that officiated IX c. That is such as built the Churches and were Patrons had liberty to present the first Clerc but not afterwards that was against the Liberty of the Church and Canons for investitures Those which held Titles by haereditary right might have leave to give them to what qualifyed Clerc he would upon Condition that * i e. after the first presentation after him They should revert to the Church to which they belonged X. The Husband ought not to turn Monk or Religious his wife staying in the World or remaining Secular Nor on the Contrary unless they were both past the works of the Flesh XI In the Advent of the Lord fasting and abstinency from flesh was Commanded to all that could bear it Especially to Clercs and Knights or Military Men. XII Jews or Jewish Clercs should not Exercise secular Authorities i. e. Covetous and Vsurers XIII Item de * These were French not English pounds novis libris Excommunicationis c. And the Goods of Dying people which the Priests carryed away and the Blessings in Marriage and Baptism and of the Forty and Eight pounds which were Exacted for the absolution of Excommunicated persons nothing was perfected because the Bishops of Normandy would not receive that Decree King Henry the Father [3] Hoved. f. 307. a. n. 40. King Henry gives the Arch-Bishopric to Richard Prior of Dover c. against the Prohibition of King Henry his Son and after an Appeal made to the Pope gave to Richard the Prior of Dover the Arch-Bishopric of Canturbury To Reginald the Son of Iocelin Bishop of Salisbury
the Bishopric of Bath To Richard of Ivecester Arch-Deacon of Poictiers the Bishopric of Winchester To Robert Foliot the Bishopric of Hereford and To Iohn Greneford the Bishoprick of Chichester After this [4] Gervas Act. Pontific Cantuar. Col. 1674. n. 10. The young King Appeals to Rome and prohibits his Consecration He obteins it from the Pope and his Pall and is made Legat. Richard had been Solemnly Elected at London he went to Canturbury where all things were ready for his Consecration But Letters being brought from the Young King prohibiting by Reason of his Appeal to the Pope That no man should Consecrate him or any other without his Consent who Bare the Crown of the Kingdom The Bishops that were there ready to perform the Ceremony trembling departed one from another and the Arch-Bisho Elect went to Rome and there after divers disputes with his Adversaries was Consecrated by the Pope and received his Pall and the Primacy of all England and was also Constituted his Legat. Upon his Return to England he Consecrated the other Elects The King [1] Hoved. f. 307. b. n. 10 20 Rad. de Dicet Col. 561. n. 60.562 n. 10. c. The King humbles himself before the Sepulchre of Thomas being in great streights by reason of the Rebellion of his Sons the Confederacies of the King of France and the King of Scots against him and the Desertion of his own Nobility and Subjects came into England and humbled himself before the Sepulchre of the Arch-Bishop He [2] Ibid. f. 308. a. N. 30 40 50. A. D. 1174. The manner of the approach to the Tomb of St. Thomas and his humiliation before it Landed at Southampton on the 8 th of July and the next day went towards Blessed Thomas of Canturbury the Martyr the words of the Historian and when he came so near as he could see the Church where the Body of the Blessed Martyr was Buried in qua Corpus beati Martyris sepultum fuit he left his Horse and pulled off his Shoes he went Bare-foot three Miles to the Sepulchre in such Humility and Compunction of heart That it was believed undoubtedly to have been his Work That beholds the Earth and makes it Tremble qui respicit terram facit eam tremere When he came to the Tomb it was Pious to behold in what affliction he appeared with Weeping and Sobbing and the * That is he was whipped by the Bishops Priests and Monks and had three or five lashes from every one Disciplin he received from the hands of the Bishops many Priests and the Monks cum autem ad tumbam veniret Pium erat intueri afflictiones quas faciebat cum fletu singultuoso * Carnem suam Nudam Disciplinae virgarum supponeâ—s à singulis viris religiosis quorum multitudo magna Convenerat ictus ternos vel quinos accepit Mat. Paris f. 130. l. 6 Disciplinas quas de manu Episcoporum Sacerdotumque plurimorum Monachorum recepit And staid all night before the Sepulchre of the Blessed Martyr in Prayer Fasting and Weeping being assisted by the Suffrages of many holy men The Gifts and Revenues he bestowed upon that Church for the Remission of his Sins saith the Historian can never be forgotten Next Morning early July 13 th he heard Mass and went towards London And because he was mindful of God with his whole heart Et quia memor fuit Domini in toto Corde suo He gave him Victory over his Enemies and delivered them Captive into his hands [3] Ibm. f. 308 a. n. 50. For that very day he left Canturbury William King of Scots was taken at Alnwiâ— And his Successes followed so fast one after another that [4] Ibid. b. n. 30 40. here f. 319. B C D E F. The Successes of the King ascribed to the merits and intercession of Thomas within three weeks England was in Peace and all the Strong-holds were delivered up to the King All which were ascribed to his Devotion and Humiliation but principally to the [5] Mat. Paris f. 130. N. 40. merits and intercession of this New Saint thereupon For before this time he had been [6] Append. n. 64. He is Canonized for a Saint Sainted or Canonized by the Pope who for the Glory of his Merits and the Miracles he had done which were attested by the two Cardinals and many others having had a deliberate treaty with his Brethren the Cardinals about it solemnly Canonized him and Decreed him to be numbred amongst the Holy Martyrs Commanding all the Faithful of England by his Apostolic Authority They should Celebrate the day of his Glorious Passion every year with due Veneration That they should by Solemn Procession place his Body upon an Altar And the Pope Commanded he should be worshipped and Prayers made to him c. or Elevate it on high in a decent Shrine and by fervent Prayers to him indeavor to merit Pardon for their sins That he which in life suffered Banishment and in his Death Martyrdom for Christ being sollicited by the Continual supplications of the faithful might intercede with God for them Amongst the several hundreds of Miracles he did and wonders he wrought take three or four of them from the [7] Hoved. f. 300. b. N. 30. His Miracles Epistle of William Arch-Bishop of Sens in France which he wrote to the Pope against King Henry Concerning the Death of Thomas That after his Death he was seen by and appeared to many especially to one Neel an old Monk That a Blind man anoynted his Eyes with his Bloud and received his sight That the wax Tapers which stood about his Dead Body having been Extinguished were by him lighted again That after all funeral Ceremonies had been performed about his Carcass circa Corpus humanitatis as it lay upon the Bier or Bearer in the Chore in the Morning he lift up his right hand and gave the Blessing * f. 125. n. 50. Paris says he restored the Dead to Life and not only men and women but also Birds and Animals Restituitur vita mortuis speaking of his Miracles non solum utriusque sexus homines verum etiam Aves animalia de Morte reparantur ad vitam He was at first but indifferently [8] Somn Antiqu of Canturbury p. 177 178. Buried and laid in an Ordinary Tomb about the Lady-Chappel in a Vault called Vndercroft But fifty years after A. D. 1220. the year of his first Jubilee [9] Ibidem p. 245 246. Thomas his Translation his Body was taken up with great Solemnity and laid in a most Rich and Sumptuous Shrine at the East-End of the Church at the Charge of Stephan Langton his Successor Concerning this Translation [1] f 310. n. 10. Mat. Paris says his Body was taken out of a Marble Coffin by Stephan Arch-Bishop of Canturbury the King being present and almost all the Bishops of the Kingdom with the Abbats Priors Earls Barons
Clergy and much People and placed honorably in a Shrine wonderfully wrought with Gold and pretious Stones There were present at this Translation Arch-Bishops Bishops Abbats Priors and many others of France and divers other Nations who came chearfully to so great a Solemnity in Honor and Reverence of the Blessed Martyr who shed his Bloud for the Vniversal Church Qui pro Vniversali Ecclesia Sanguinem suum fundere non timuit Paris says this Translation was in crastino Octavarum Apostolorum Petri Pauli That is the 7 th of July on which day says Mr. Somner in the [2] p. 246. Antiquities before cited there is a Fair at Canturbury Called Beckets Fair. Beckets Fair. And in Norfolk there is on the same day one at Bromhill near Brandon Ferry and another at West-Acre about four Miles Distant from Swifham both called Beckets Fair and in both places there are old Râ—nous Chappels which were undoubtedly Erected and Dedicated to him The Jewels That belonged to this [3] Ibid. p. 247. The Ricâ—es of his Shrine Shrine were shewn being touched with a White Rod and their Names Price and Donor Declared and the spoyls of it in Gold and Jewels of an inaestimable [3] Ibid. p. 247. The Ricâ—es of his Shrine value filled two great Chests one of which six or eight strong men could do no more than carry out of the Church This Shrine had a Clerc and certain reteinors that constantly attended upon it [4] Ib. p. 248. in Regard of the Treasure that was about it and also of the continual offerings thereunto by such as came to visit it or came on Pilgrimage to it Mr. Somner says he had seen the Accounts of the Annual profits of it which above 300 years since amounted to 200 l. per Annum and within six or Eight years afterwards they were more than Trebled This Saints [5] Ibidem His Jubilee once in fifty years Iubilee was kept every fiftieth year after his Death and 't is almost incredible what numbers of people flocked to Canturbury to the Solemnizing of it In the Year 1420. there were by Estimation an hundred thousand people English and Strangers Irish Welch Scots French Normans and from Garnsey and Jersey as appears upon [6] Append. n. 65. The vast number of people that flocked at a time to Canturbury Record That came thither to procure the health or salvation of their Souls and for whom the Bayliffs Commanded the Citizens to provide sufficient Lodgings and the Victuallers Tavernors Brewers Bakers Butchers Fishmongers Cooks and Hosts sufficient Victuals against the time of their coming The Arch-Bishop of Canturbury [5] Hoved. f. 310. a. n. â—0 A. D. 1175. held a Council at London in Westminster before the two Kings and by their assent and desire on the Sunday before Ascension day upon the 15 th of the Kalends of June that is the 18 th of May. Celebravit [6] Ben. Abb. p. 62. a. An Eccleâ—iastic Council held at Westminster Cantuariensis Archiepiscopus Richardus Consilium apud Londonias Westmonasterio coram predictis Regibus Et assensu voluntate corum die Dominica xv Kal Jami For the Canons of this Council see the [7] Append. N. 66. Appendix In this Council [8] Hoved. f. 311. a. n. 40. A Controversie in that Council about bearing the Cross between the two Arch-Bishops c. The Clercs of the Arch-Bâ—shop of York claimed a right of That Church to carry up the Cross in the Province of Canturbury They claimed also on behalf of their Arch-Bishop The Bishoprics of Lincoln Chester Worcester and Hereford as belonging to his Province and Appealed to Rome They also Appealed to the Pope concerning the Sentence of Excommunication against the Clercs of the Arch-Bishop of York that officiated in the Chappel of St. Oswald in Gloucester for that they would not attend the Arch-Bishop of Canturbury upon his Summons as the Clercks of his own Province did A little before [8] Ibidem fol. 313. a. N. 10. A Cardinal sent into England The King makes peace between the Arch-Bishops the Feast of All Saints this year Cardinal Hugezun the Popes Legat at the Kings request came into England and found him at Winchester making an Agreement between the two Arch-Bishops and at length by the Kings interposing it was Agreed That the Arch-Bishop of Canturbury should release his Claym to the Chappel of St. Oswald and absolve the Clercs of the Arch-Bishop of York which he had Excommunicated And as to carrying the Cross and other Controversies between the two Churches They were to stand to the Judgment of the Arch-Bishop of Roven and other Neighbour Bishops of France Cardinal Hugezun [1] Ibidem N. 30. The Cardinal gives the King leave to implead Clercs Gave the King leave to implead Clercs for trespasses done in his Forests and for taking of Venison Upon [2] Append. N. 67. Agreement between the Kings of England and Scotland made at York The heads whereof are here recited f. 323. F. and f. 324 A. B. C. D. Richard Bishop of St. Andrews and Richard Bishop of Dunkelden Geofry Abbat of Dunfirmelin Herbert Prior of Coldingham and the other Bishops and Clergy of Scotland Granted That the Church of England should have That power in the Church of Scotland which of right it ought to have and That they would not be against the right of the Church of England Taxes in this Kings Time A Scutage near the beginning of his Reign not to be found what it was A Second Scutage to raise men for the [1] See here f. 301. F. A. D. â—159 5. Hen. 2. Siege of Tholose 180000 l. Hoc Anno Rex Henricus Scotagium sive Scutagium de Anglia accepit cujus summa fuit centum millia quater viginti millia Librarum Argentt and the like of his other Countries Gervas Chron. Col. 1381. lin 3. A Third Scutage in the 7th of his [2] Lib. Rubr. in Scaccario A. D. 1166. Reign for the Siege of Tholose at two Marks every Knights Fee In the 12 th of his Reign two pence in the pound [3] Chron. Gervas Col. 1399. N. 10. A. D. 1166. for the first year and a peny in the pound for four years after of all Rents and Moveables for Defence and assistance of the Church Terrae Orientalis of the East Land suppose the holy Land A Fourth Scutage [4] Lib. Rubr. in the 14th of his Reign at a Mark a Knights Fee A Fifth Scutage in the 18th of his Reign not known what it was See here f. 342 F. f. 344. A. In the last year of his Reign a Tenth of all moveables for the Crusado or expedition into Holy Land Many more there must have been seeing his whole Reign was a continual Course of War and that very Expensive at home in France and Ireland Though we find no larger Account of them The Issue of King Henry the Second HE
close of Easter to go forward to Ierusalem and in Testimony he had made such Oath he sent him his Chart desiring that he and his Earls and Barons would give him the like security to be there at the same time Whereupon King Richard and his Earls and Barons which had undertaken the service of the Cross in generali Concilio apud Londonias in a General Council at London or as [9] F. 155. n. 50. He and his Great Men promise the same Paris Convocatis Episcopis regni proceribus apud Westmonasterium c. did swear That by the help of God they would be there at the same time ready to go on as Desired and Rotrod Earl of Perch and the King of France his Envoys did swear the same thing on behalf of him in that Council and William Mareschall and other on behalf of the King of England took the same oath before the King of France his Envoys in that Council whereof King Richard sent to him the Chart. At this time there was a great Controversie A Controversie between the Archbishop of Canturbury and the Monks of Holy Trinity between Baldwin Arch-Bishop of Canturbury and the Monks of Holy Trinity there of which the Reader may see Gervase of Canturbury his Chronicle in this year and in this Month Iohn Anagninus a Cardinal was [1] Ibid. f. 377 n. 10. The Pope sends one to determine it but is prohibited by the King The King comes to Canturbury and composes it sent from the Pope to Determine it he came as far as Dover and was prohibited to proceed further unless by the King's Command in the mean while the King came to Canturbury and made concord between them upon these Terms That Roger le Norreis whom the Arch-Bishop against the will of the Monks had made Prior in the Church of Canturbury should be Deposed and the Chappel which the Arch-Bishop had built in the Suburbs of the City against their mind also should be Demolished and that the Monks should perform their obedience and profession to the Arch-Bishop as their predecessors had done Upon the Accord the King at the Request of the Arch-Bishop made the deposed Prior Abbat of Evesham After this [2] Ibid. n. 30. peace made the King sent for Iohn Anagnin the Cardinal who came to Canturbury and was received with Solemn procession yet took it ill that the Agreement was made between the Arch-Bishop and Monks in his Absence In the same [3] Ibid. n 40.50 Month of November Geofrey Elect of York with the Barons of Yorkshire and the Sheriff by the Kings Command went to the River Twede and there received William King of Scots The King of Scots does Homage to King Richard He delivers Roxburgh and Berwic Castles to him And releases the subjection of the Kingdom of Scotland and conducted him to the King at Canturbury where he arrived in the Month of December and did him Homage for the Dignities he was to have in England as his Brother Malcolm had them before And King Richard delivered him the Castle of Roxburgh and the Castle of Berwic and Quiet claimed and acquitted him and his heirs for ever from all Allegiance to himself and the Kings of England and also released the Subjection of the Kingdom of Scotland And for this Restoring of his Castles and quiet-claiming of the Fealty and Ligeance of the Kingdom of Scotland and that he might have King Richards [4] Append. n. 68. Chart thereupon he gave him ten thousand Marks Sterling On the [5] Hoved. f. 377. b. n. 30. Geofry Elect of York Appealed against by the Bishops of Durham and Salisbury same day at Canturbury Hugh Bishop of Durham and Hubert Bishop of Salisbury Appealed against Geofrey Elect of York to the Pope before the said Cardinal indeavouring to prove his Election void because they who were to have had the first suffrages were not present and Bucard Treasurer of the Church of York and Henry Dean of the same Church did also appeal against him denying his Election to have been Canonical for that he was a Man-Slayer begot in Adulterie and born of an Harlot Tum quia homicida erat His Election confirmed by the Cardinal Legat. tum quia erat in adulterio genitus de Scorto natus But altho' these things were objected against him yet Iohn Agnin Cardinal and Legat of the Apostolic See Confirmed his Election After these Dispatches on the [6] Ibid. n. 40.50 fifth of December the King went to Dover where a Fleet attended to waft him over into France and the next day Roger Elect of the Abby of St. German at Seleby by the Kings Command received his Benediction from Hugh Bishop of Durham against the Prohibition of Geofrey Elect of York who seeing without Money he could not obtein his Brothers favor He promises the King 3000 l. and is restored to the Archbishopric promised him Three Thousand Pounds Sterling and the King restored him the Archbishoprick i. e. the Temporalities and Confirmed it by his Chart he also restored all his Lay-Fees in England and beyond Sea which King Henry his Father had given him [7] Ibid. f. 3 8. a. lin 3. Many Privileges and Immunities granted and confirmed to the Church of York He also Quiet Claimed to God Saint Peter of York and to Geofry the Elect and his Successors all their Lands and the Lands of their Canons for Ever from all Exactions and Grievances of the Forest or Foresters and gave them free leave and power to hunt in all their Lands in Nottingham and York-shires Then also [8] Ibid. n. 10. The Appeals against the Elect of York released Hugh Bishop of Durham Hubert Bishop of Salisbury Henry Dean of York and Bucard Treasurer of the same Church by the Kings Command Released their Appeals which they had made against the Elect of York and he at the Request of the King Confirmed to Henry the Deanry of York and to Bucard the Treasury and to Hugh Bishop of Durham all those Privileges and Agreements which had been between him and Roger Archbishop of York promising to Confirm all those things with the Seal of his Consecration From Dover the [9] Ibidem King with the Cardinal Walter Archbishop of Roven Henry Bishop of Bayeux and Iohn Bishop of Eureux passed to Calais on the 11th of December where Phillip Earl of Flanders met and received him with great Joy and Conducted him into Normandy He left behind him [1] Ibid. n 20. Hugh Bishop of Durham and * William de Magnavil Earl of Aâ—bemarl Dyed at Roven in November See Hov. f. 376. a. n. 20. The Bishops of Durham and Ely made Chief Justices They contend about Power William Bishop of Ely his Chief Justices and associated to them before his Departure Hugh Bardolf William Mareschal Geofry Fiâ—z Peter and William Breuer He Delivered to the Bishop of Ely his Chancellor one of his Seals by which He
Sware Fealty to him against all men saying their Fealty to King Richard his Brother And the Deposed Chancellor Swore he would Deliver up all the Castles of England and he presently delivered to him the Tower of London and Windsor Castle with some others The different Characters of this Chancellor The Character of this Chancellor is various according to the inclinations of men of that time [7] Ibid. f. 400. a. in his Epistle de Dejectione Willielmi Eliensis Hugh de Nunant Bishop of Coventry one of his prosecutors says he was of a proud haughty imperious temper profuse and extravagant beyond measure a consumer of the Kings Revenue and injurious to all sorts of men Peter of Blois then Arch-Deacon of Bath a man learned and famous [8] Ibid. f. 401 b. in his Epistle pro Willielmo Elien Episcopo Defends the Chancellor against the sharp pen of the Bishop of Coventry and begins his Epistle Thus Quondam Domino amico Hugoni Coventrensi Cestrensi dicto Episcopo Petrus Blesensis Bathoniensis Archidiaconus Dei Memoriam cum Timore Livor quo tendat Invidia quo feratur proditoriae factionis hodie patefecit immanitas Dilectus Deo hominibus Episcopus Eliensis vir sapiens amabilis generosus benignus Mitis in omnes liberalitates Effusus Juxta Divinae Gratiae Dispositionem suorum Exigentiam morum meritorum Reipublicae administrationem summam rerum fuerat assecutus c. in English thus To his Quondam Lord and friend Hugh called Bishop of Coventry and Chester Peter of Blois Arch-Deacon of Bathe The Memory of God with fear What Detraction and Envy may do The fury of a Trayterous faction hath at this time discovered The Bishop of Ely beloved of God and men a wise loving Generous Kind and Mild man abounding in all Instances of Liberality according to the Disposing of Divine Grace and his own due Qualifications and Merits obteined the Administration of the Government and the chiefest power in it c. And proceeds to reprove him for his virulent Language against him without Cause After Eight Days [9] Ibid. f. 402. a. n. 10. He is released from his imprisonment and goes into Normandy He complains to the Pope and King and offers to stand a Tryal Imprisonment Earl Iohn gave Order he should be released and go beyond Sea He went into Normandy where by Command of the Arch-Bishop of Roven he was reputed as an Excommunicated person and in all places where ever he came in that Arch-Bishopric all Divine Offices ceased during his abode there At length he sent to Pope Celestin and to the King of England letting them know how Earl Iohn and his Complices had thrown him out of the Kingdom complaining of the Injury and desiring restitution of what had been taken from him and offering to stand to the Law or Tryal And that if what he had done or his Exspenses should not please the King he would in all things satisfie him according to his own mind At which Complaint the [1] Ibid. n. 20. The Pope writes to the English Bishops to excomunicate Earl John Pope was much moved and wrote to the Arch-Bishops and Bishops of England to Excommunicate Earl Iohn and all his Advisers Complices and Favorers And William Bishop of Ely as Legat and Chancellor wrote to the Bishop of Lincoln to put in Execution the Popes Brief and sent him the [2] Ibid. b. n. 30. names of such as he would have him Excommunicate videlicet Walter Arch-Bishop of Roven Godfrey Bishop of Winchester Hugh Bishop of Coventry William Marshal Geofry Fitz-Peter William Bruer Hugh Bardolf and many others [3] Ibid. f. 403. a. n. 10. The Bishops refuse to do it But none of the Bishops would Execute either the Popes or his Command as not owning him as Legat or Chancellor [4] Ibidem And the Arch-Bishop of Roven and the other Justices of England alii Justiciarii Angliae That is the Commissioners for the Government disseized him of his Bishopric and Collected the Rents to the Kings use to make good the money he had Wasted 5 And then the foresaid Justices and all the Bishops Earls and Barons of England sent to the King and by one Common Letter acquainted him how his Chancellor had destroyed the Kingdom and his Treasure and how he had been put out of his Office by the Common Council of the Kingdom The Chancellor on the other side wrote to the King That his Brother Iohn had Seized the Kingdom and would Crown himself if he returned not speedily Yet the King trusting in God would not Desert his Service until men and Money failed In Lent following [6] Ibid. f. 408. b. n. 30. A. D. 1192. Queen Alienor the Arch-Bishops of Roven and York and all the great men of the Kingdom met and Swore Fealty and faithful Service to King Richard and to his Heir against all men [7] Ibid. n. 40. Earl John endeavors to restore the Chancellor but the great men would not consent At the same time the Earl for 500 pounds having promised to restore the Chancellor to his Office sent for him into England and tryed to induce the great men to consent to it who would not but sent to him that unless he Departed the Kingdom they would imprison him he not daring to stay passed over the Sea on Good Fryday While these Commotions were in England King Richard was mightily uneasie in his imprisonment in Germany [8] Ibidem f. 412. a. n. 20. King Richard gave the Emperor his Kingdom to gain his Liberty He is reinvested by the Emperor to hold it of him by an annual tribute Before his death he is acquitted and for his liberty he gave the Emperor his Kingdom and invested him in it by the Delivery of his Hat or Cap and he presently as they had agreed before the great men of Germany and England redelivered it unto him to hold of him by the annual Tribute of 5000 pounds Sterling and invested him by a Double Cross of Gold But before his Death acquitted and Discharged King Richard and his heirs of this and all manner of Bargains Alice the King of France his Sister was in the [9] Ibid. f. 408. b. 10 20. The King of France demands his Sister of the Norman Nobiliâ—y Custody of the Seneschal and great men of Normandy and he had Demanded her of them but they would not deliver her without order from their King Richard at [1] Ibid. f. 412. a. n. 20 30. They refuse to deliver her without King Richards order which he was much troubled and disturbed and sent into England to Earl Iohn That if he would submit to his pleasure and advice he should Marry his Sister Alice and with her he should have Normandy Aquitan and Anjou and all the Lands which his Father had been possessed of in France and that he should make him King of England Earl [2] Ibidem
Dead lay [6] Ibid. n 50. A. D. 1197. unburied in the Streets of the Cities of Normandy and the King being mightily Troubled the Archbishop would not Release the Interdict [7] Ibid b. lin 2. n. 10. King Richard sends Messengers to the Pope to make his defence sent the Bishop of Lisieux and Philip the Elect of Durham after Christmas to the Pope to make his Defence before him They appearing in his presence with the Archbishop He asserted his Right he had in Andeli and complained of the Injury King Richard had done by Building a Castle upon the Patrimony of the Church of Roven without his assent and contrary to his pleasure To which they answered [8] Ibid. n. 10. â—0 Their Plea in the Kings behaâ—f The King had often offered him by the Mediation of his Bishops and Abbats Earls and Barons full satisfaction by the Estimation of discreet understanding Men and did affirm on behalf of the King he could not part with That Island of Andeli in which the Castle was built because the King of France made his passage that way into Normandy and often wasted it and therefore the King of England fortified it for the Defence of his Country against the King of France [9] N. 20.30 The Popes advice to the Archbishop of Roven The Pope and Cardinals after long Deliberation attending the Damages which might accrue to Normandy if there were not a Castle built there Advised the Archbishop amicably to compose the Matter and to accept Recompence according to the Estimation of honest and wise Men Secundum proborum sapientum virorum Aestimationem Saying It was lawful for Kings and Princes to fortifie the weak places of their Countries to avoid Damage to themselves and People The Interdict released This done the Pope Released the Interdict The Messengers and Archbishop being Returned with the Determination of the Pope and Cardinals [1] Ibid. n. 40. What the King gave the Archbishop for a recompence the King summoned the Bishops Abbats Earls and Barons of Normandy together and gave to Walter Archbishop of Roven in Recompence of his Town of Andeli the Town of Deipe with its Appertenencies the Mills of Robec in the City of Roven and Loviers with its Appertenencies and much more according to the Kings Chart and the Popes Confirmation in [2] Col. 701. n. 40. Col. 702. Ralph de Dâ—ceto by which exchange the Archbishop confesseth the Church got above Five [3] Ibid. Col. 700. n. 30. hundred Pounds The same year [4] Hoved. f. 437. b. n. 50. A. D. 1197. He plundered and burnt St. Valeri Richard came to St. Valeri and burnt the Town and Destroyed the Monks and carried with him into Normandy the Shrine and Reliques of St. Valerie in that Port he found Ships from England laden with Grain and Victuals he hanged the Mariners burnt the Ships and distributed the Corn and Victuals amongst his Soldiers Then came into King Richard [5] Ibid. f. 438. a. lin 2. Several People Confederate with King Richard against King Philip. the People of Champaign the Flemings and Britans they gave Pledges mutually they would not make Peace with the King of France but by common advice The King of England Bribed with Gifts many of the Great Men of France he gave to the [6] Ibid. n. 10. Earl of Flanders 5000 Marks for his assistance and he gave Hostages he should not make Peace with the King of France without his consent and the same the King of England did to him [7] Ibid n. 20.30 The King of France made him great Offers to leave the King but not being able to effect it he again Capitulated with the King of England The Sons of [8] Ibidem Hubert composes the Differences between the Welch Princes King Rese the Son of Grâ—ffin contended after the Death of their Father who should Reign Hubert Archbishop of Canturbury went to the Borders of Wales and made them Friends Philip Bishop of Beavais [9] Ibid n 50. The Bishop of Beavals his complaint to the Pope against King Richard sent his Brother the Bishop of Orleans with his Epistle to the Pope informing him he was made Prisoner by the King of England and complaining how he was bound and laden with Irons notwithstanding the Dignity of his Order and as he says petitioned him with Tears for Relief The Pope [1] Ibid. b. n. 20. c. The Popes Answer writes back to him That he had put on a Soldiers Armour in stead of a Priests Habit and Vestments That the King of France was bound by Oath not to do any Damage to the King of England's Towns and Countries during the Time of his Peregrination and That he had impudently against his Faith and Oath by force seized his Towns and cruelly wasted his Countries That Humility against Pride Right and Equity against Wrong and Injury and Modesty against Arrogance fought for the King of England That he was not only a foolish Adviser of but an insolent Actor in his Kings extravagant Madness and at last told him he could only supplicate the King of England in his behalf for in such a case he neither could nor ought to Command But whether the Pope wrote in his behalf or notwithstanding what he wrote he remained in Prison and toward the latter end of the year 1198 offered King Richard for his [2] Ibid. f. 449. a. lin 4. Liberty 10000 Marks of Silver The two Kings made a Truce again for one year from the Feast of St. Hilary [ ] Ibid. f. 439. a. n. 10. A. D. 1198. And presently broken designing to make Peace A Truce made between the two Kings and final Concord between themselves But in September following this Truce was broken as hath been said in the Relation of the Skirmish between Gamache and Vernon and the Battel between Curcels and Gisors yet in November that [4] Ibid. f. 446. b. n. 40. year they made Truce again until the Feast of St. Hilary from this time to the Death of Richard all Hostility ceased between the two Kings These are some of the Battels Skirmishes and Engagements and the most notorious that were fought and happened between King Richard and King Philip in France some of the Truces that were as soon broken as made some of the Barbarous Devastations and Plunderings some of the Inhumane Killings and Leadings into Captivity committed and practised there during those last five years King Richard was in that Kingdom from the middle of May 1194 to the 6th of April 1199 the time of his Death Let us now take a Turn into England In the year 1198. Geofrey Fitz-Peter A. D. 1198. the new Justitiary of England sent forth [5] Ibid. f. 445. b. lin 7. Itinerant Justicâ—s sent forth by the Chief Justicâ—y Itinerant Justices and Hugh Bardulf Mr. Roger Arundel and Geofrey Haget had committed to them and journeyed through Lincoln
to keep them to the Kings Vse [7] Ibid. f. 444. a. n. 40. A. D. 1198. The other by Geofrey Fitz-Peter to the assistance of William de Bruosa an English Baron whom Wenhunwin son of Cadwalan had Besieged in Maud Castle where above 3000 welch were in fight and slight Much Money was Raised by Seizures Fines and Compositions and the Sale of his Demeasnes His Issue By the Procurement of his [8] Ibid. fol. 392. a. n. 10. Mother Alienor he Married Berengaria Daughter of Sanctius King of Navarre in the Isle of Cyprus [9] Ibid. f. 394. a. n. 10. A. D. 1190. on the 12th of May and there was Consecrated and Crowned Queen of England by Iohn Bishop of Eureux with other Forreign Bishops his assistants but by her he had no Issue She was with him in the Holy Land and came as far as Sicily in her passage to England But afterwards we hear not of her until the third of King Iohn when he compounded with her for her Dower Philip he had a Base Son as Hoveden [1] f. 452. b. n. 30. affirms to whom he gave the Castle and Honor of Cuinat but of whom begotten or when and where born he saith not Philippus filius Richardi Regis Angliae Nothus cui praedictus Rex pater suus dederat Castellum Honorem de Cuinac c. Other Issue of his I find not or what became of this Philip. THE REIGN OF King John AFTER the Death of King Richard [1] Hoved. f. 450. b. n. 10. A. D. 1199. Iohn Earl of * The old Monks never call any one King of England or Duke of Normandy until Crowned or invested for it was their opinion he was not so and that he Received his Kingship c. from his Consecration Unction and Coronation and by that means from the Archbishop as an Instrument and the Church of Rome as the Original of it and all Secular Government Moreton the fourth and youngest Son of King Henry the Second came into Normandy and presently sent Hubert Archbishop of Canturbury and William Marshal Earl of Striguil into England who with Geofrey Fitz-Peter the Justiciary and other Barons were to Keep that Nation in Peace Out of Normandy he went to Chinon in Tourain where was the Treasure of his Brother in the Keeping of Robert de Turnham who delivered it to him with the Castles of Chinon and Saumur and other Castles At the same [2] Ibid. n. 20. The Nobility of Normandy adhere to Arthur Duke of Britany time his Nephew Thomas de Furnes Delivered the City and Castle of Anger 's to Arthur Duke of Britany for in a Convention of the Chief men of Anjou Tourain and Main They acknowledged it to be the right and Custom of their Countries for the Son of the Elder Brother to succeed in the Patrimony due to him and That Arthur ought to possess the Inheritance which his Father Geofrey should have had if he had out-lived his Uncle Richard and therefore owned and adhered to him as their Liege Lord and Delivered to him Anjou Tourain and Main [3] Ibidem Constance the Mother of Arthur brought him to Tours and Delivered him to Philip King of France he sent him to his Son Lewis to be Kept at Paris and seised his Citys Castles and Fortresses and placed in them Castellans and Governors of his own In Revenge [4] Ibidem John Earl of Moreton takes and demolishes Main Iohn Earl of Moreton came to Main took the City and Castle and Demolished the Walls of the City the Castle and all the Stone Houses and made many of the Citizens Prisoners for that they had received Arthur contrary to the Fidelity made to him From thence he went to Roven and on the 25th of April [5] Ibid. n. 30. He is girt with the Sword of Normandy was girt with the Sword of the Dukedom of Normandy by Walter Archbishop of that City And he Swore before the Clergy and Laity coram Clero populo upon the Reliques of Saints and the holy Gospels * This was the Oath of the Dukes of Normandy and if the Conqueror took any it was this and in Substance 't is he same with the Oath of all our Antient Kings That he would preserve from Injury holy Church and the Dignities thereof That he would exercise right Justice Destroy evil Laws and ordain good In the mean time Hubert Archbishop of Canturbury and William Marshal who had been sent into England [6] Ibidem n. 40 50. The Nobility and Free Tenents of England Swear Fealty to him Caused the men of the Kingdom or Government fecerunt homines Regni as well of Cities as Burghs and Earls Barons and free Tenents to swear fealty and peace to Iohn Duke of Normandy the Son of King Henry the Son of Maud the Empress against all men yet all the Bishops Earls and Barons that had Castles provided and furnished them with Men Victuals and Arms. And therefore the Archbishop William Marshal and Geofry Fitz-Peter Justiciary of England met at Northampton and called before them such as they most suspected who were David the King of Scots Brother Richard Earl of Clare Ranulf Earl of Chester William Earl of Tutesbury Walran Earl of Warwic Roger Constable of Chester and William de Mowbray and many other Earls and Barons and there assured them that Duke Iohn would restore to every one their right Upon that * See Exact History of Succession fol. Bargain or Condition sub hac igitur conventione the foresaid Earls and Barons swore Fealty to Iohn Duke of Normandy and faithful Service against all men William King of Scots sent his [7] Ibid. f. 451. a. lin 2. The King of Scots sent Envoys to demand his Patrimony of Duke John But are denyed passage into Normandy Envoys to Duke Iohn to demand his Patrimony That is Northumberland and Cumberland with their Appertinencies and promised then to swear fealty and faithful service to him against all men But the Arch-Bishop William Marshal and Geofrey Fitz-Peter would not suffer them to pass into Normandy and sent to him by his Brother David That he should wait patiently until he came into England The like Message Duke Iohn sent to him by his Son in Law Eustachius de Vesci That in all things he would satisfie his Requests when he came into England if in the mean time he kept the Peace On the 25th of May Duke Iohn [8] Ibid. â— 20. Duke John Landeth in England and is Crowned King Landed at Shoreham in Sussex the next Day went to London and on the 27th of May being Ascension Day was Consecrated and Crowned by Hubert Archbishop of Canturbury at Westminster For the particulars of his Coronation I refer the Reader to the Exact [9] f. 375. B. C. History of the Succession of the Crown The same day King Iohn [1] Hoved. f. 451. a. n. 40. The antient way of Creating Earls and
he had been chosen by the Popes procurement but the execution of these points was delayed until the Octaves of or Eight days after Midsummer after the Treaty King John sent his Mother Alienor to Alfonso King of Castile for his Daughter that was to be married to Lewis An Ayd of 3 â— every Plough-land Son of Philip King of France and in the mean time he passed into England and took of every Plough-land of all England Three shillings for an Ayd Et cepit de unaquaque Carucata totius Angliae tres solidos de auxilio In Lent he went to York expecting the King of Scots would meet him there but he came not and then he returned into Normandy In the mean time [6] Ibidem f. 456. a.n. 30. A. D. 1200. his Mother Alienor had brought her Grandchild and his Niece Blanch as far as Burdeaux The old Queen wearied with the length of the Journey took in at the Abby of Font-Ebrald to refresh her Self Articles of the Treaty between the two Kings executed and the young Lady passed on under the Conduct of the Arch-Bishop of that City into Normandy and was by him delivered to her Uncle King Iohn Eight days after Midsummer as it was appointed the two Kings met and Treated Convenerunt ad Colloquium in which Treaty the King of France delivered to King Iohn the City of Eureux with the Earldom and all the Castles Cities and Lands he had possessed himself of by War in Normandy and the other Dominions of the King of England and King Iohn presently became his Man or did him Homage [7] Ibid. n. 40.50 King John doth Homage to King Philip. Iohannes Rex Angliae statim devenit inde homo Philippi Regis Franciae and forthwith gave all these things to Lewis his Son in Marriage with his Niece who the next day were Married in Normandy by the Arch-Bishop of Burdeaux in the presence of many Bishops and Religious persons and many Earls and Barons of France which was then under the Sentence of Interdict for the Kings Repudâ—tion of Isemburg of Denmark The same day the [8] Ibid. b. l. 1 2 3 4. Duke Arthur doth Homage to King John two Kings were at a Colloquium or Parle at Vernon where Duke Arthur did Homage to his Vncle King Iohn by consent of the King of France for Britany and his other Countreys but was delivered by him to the King of France in custody And that this Peace might remain the more firm the particulars of it were put in writing and it was Agreed that if in any thing The conditions of the Treaty between the two Kings the King of France did violate it then the Barons of France which he assigned his Fide-jussors or Security for the preservation of it and their Men or Homagers were to be free from the Fealty they ought him and were obliged by Oath to go into the service of the King of England to assist him and in like manner the Barons of the King of England that were his Vndertakers and Security obliged themselves to desert him and help the King of France and were freed from their Fealty if he brake it The particulars of this Peace are now of small moment unless that they shew the manner of Estates and way of Living was then the same all France over in Normandy and in England and perhaps in most parts of Europe That part which the King of France executed and remained with the King of England is to be found in Hoveden f. 463. a. n. 10. And that part which the King of England executed and remained with the King of France is to be found in the Norman Writers put out by Dâ— Chesne A. D. 1619. f. 1055. B. This year there happened a famous Tryal about the Title of a Barony which Hoveden hath misplaced A Tryal about the Title of a Barony for it was before the King when he was in England before he returned into Normandy to Marry his Niece and perfect the Treaty which he had begun with the King of France Soon after Christmass as appears by the day and time when it was and for many circumstances and particulars in it may not be unworthy the relating VVilliam de Stutevill [9] Ibid. n. 20 30 40 50. gave King Iohn three thousand Marks of Silver to have a Judgment or determination concerning the Barony of VVilliam de Mowbray which he claimed against him him in the Kings Court. For that Robert Grundebeof the great Grand-father of that VVilliam Stutevill had that Barony from or by the Acquest of England de Adquisitione Angliae But that Robert Grundebeof leaving King Henry Son of VVilliam the Bastard who conquered or subdued England by the Sword Qui Angliam Bâ—llo sibi subjugavit and adhering to Robert Curthose Duke of Normandy claiming the Kingdom of England De Jure paterno by Right from his Father against Henry his younger Brother who was taken prisoner in the Battle between them at Tenerchebray in Normandy and kep in prison to the end of his Life as also was Robert de Grundeveof whose Barony King Henry gave to Nigell de Alvery the great Grandfather of VVilliam de Mowbray This Barony Robert de Stutevill Father of the said William de Stutevâ—ll claimed in the time of Henry the Second against Roger de Mowbray Father of the said William de Mowbray and they came to this agreement That Roger de Mowbray gave to Robert de Stutevill Kirkeby in Moresbevev with their Appertenances for Ten Knights Fees and for the Release of his claim but because this was not confirmed and strengthened in the Kings Court The foresaid William Stutevill renewed the controversy concerning that Barony in the Court of King Iohn And the matter had been long discussed at length by the Counsel of the Kingdom and Will of the King Consilii Regno The determination of the Controversy voluntate Regis Peace and final Concord was made between them in this manner That William de Stutevill renounced his Claim to the Barony and William de Mowbray gave to him for his Homage and renouncing his Right nine Knights Fees and twelve pounds Rent by the year and so releasing all Plaints or Actions on both sides Et sic remissis omnibus Querelis hinc inde they were made friends before King Iohn A. D. 1200. facti sunt amici coram Iohanne Rege Angliae in the Second year of his Reign at Louth in that Division of Lincolnshire called Lindsey on the first Sunday of Septuagesima That is Sunday forthnight before Shrovesundy Presently after the [1] Ibid. f. 457. l. 4. King John Divorced from his Wife Peace before-mentioned was made between the King of France and King Iohn he went with a great Army into Aquitan and found none that resisted him [2] Ibid. n. 10. The same year he was divorced from his Wife Hawis or Avis Daughter to William Earl of Glocester by
King John or did homage to him as it was his right or for his right Willielmus Rex Scotorum devenit homo Regis Iohanis de jure suo and Swore Fealty to him upon the Cross of Hubert Archbishop of Canturbury to preserve his Life Limbs and Terrene honor against all men and keep Peace toward him and his Kingdom saving his own right These being Witnesses Hubert of Canturbury Iohn of Dublin Bernard of Raguse Archbishops Philip of Durham William of London Gilbert of Rochester Eustacius of Ely Savaric of Bath Herbert of Salisbury Godfry of Winchester Giles of Hereford Iohn of Norwich Roger of St. Andrews Henry of Landaf and Roger of Bangor Bishops Geofry Fitz-Peter Justiciary of England Earl of Essex Roger Bâ—got Earl of Norfolk Hamlin Earl of Warren Baldwin de Behun Earl of Albemarle William Earl of Salisbury Henry de Bohun Earl of Hereford Richard Earl of Clare William Earl Ferrers David Earl of Huntington Rolland or Rowland Son of Huctred Son of Fergus Prince of Galway Patrick Earl of Lonaâ—s Griffin Son of Rese King of Southwales and many others of the Kingdom of Scotland And before these Barons of England and Normandy Roger Constable of Chester Eustachius de Vesci Robert de Ros William de Stutevill Ralph Chamberlan of Tanquervit Warin Fitz-Gerold Stephan de Turnham * Seneschal of Anjou Robert his Brother Gilbert Basset Thomas and Alan his Brothers Roger of Hutingfield Sayer of Quinci William of Hastings Iolan de Nevill Simon de Chanci Girard de Camvil and many other Barons of England and Normandy After King [1] Ibid. n. 40. His demands of King John William had done his Homage he Demanded of King Iohn his Lord Northumberland Cumberland and Westmerland as his right and inheritance and when they had long Discoursed the matter and could not agree the King of England desired time to consider of it until Whitsunday following A. D. 1200. and early on the morrow Morning Novemb. 23d the King of Scots returned toward his own Country under the Conduct of the same persons that brought him into England King Iohn kept his Christmass at Guilford where he distributed many fine Cloaths to his Knights or Military men [2] Mat. Paris f. 205. n. 50. Hoved. f. 464. b. n. 10. The Arch-Bishop did the same at Canturbury as it were vying and contending with him in the magnificence of that Solemnity which not a little moved the Kings Indignation [3] Ibid. 20.30 A. D. 1201. King John and his Queen made a progress through most of England After Christmass the King with his Queen went into the North as far as Northumberland and made a Progress through much of England and fined many men for wasting his Forests The Historian names several particular places and days and nights where the King was and lodged in this progress or perambulation which takes off the incredibility of the Journey to have been undertaken at that time of the year At Easter [4] Ibid. f. 465. b. lin 1. which happened that year on our Lady Day the King and Queen Isabell were at Canturbury and there Crowned by Hubert Archbishop of Canturbury in the Cathedral in the presence of Iohn Arch B. of Dublin William Bishop of London Gilbert Bishop of Rochester Eustachius Bish of Ely and Iohn Bish of Norwich [5] Ibidem lin 6. He Summoned his Earls and Barons to be ready with Horse and Arms to go with him over Sea And presently after Easter he Commanded the Earls and Barons of England should be ready with their Horse and Arms at Whitsunday at Portsmouth to pass with him beyond Sea The Poictovins had prevailed against their Governors and Besieged their Castles Warin de Glapion Seneschal of Normandy by order of King Iohn Besieged the Castle of Dancourt which King Richard had given to Ralph de Isondon Earl of Ou Brother of Hugh le Brun. But Philip King of France hearing of the King of Englands preparations raised the Sieges before he came into Normandy [6] Ibidem n. 10. They refuse unless their Rights be first restored In the mean while the Earls of England met at Leicester and by Common Agreement sent to the King They would not go with him beyond Sea unless he would Restore to them their Right [7] f. 206. lin 8. Mat. Paris says they came at the appointed time and many for leave to stay at home gave the King two Marks in Silver for every Knights Fee At Whitsunday [8] Ibid. Hoved f. 466. a. lin 5. or some time before King Iohn sent Geofry Bishop of Chester Richard Malevisse and Henry de Putearo Pudsey to the King of Scots That the time of Giving his Answer about Northumberland c. might be put off until Michaelmass [9] Ibid. n. 10 He passes over into Normandy and treats with King Philip. In Whitsun week he and his Queen Sayled from Portsmouth and landed in Normandy and presently there was a Treaty between him and the King of France near the Isle of Andeli and they agreed well between themselves no man knowing the subject of their Discourse and within three days King Iohn was invited by the King of France to his Palace at Paris where he was splendidly and honorably entertained from whence he went to Chinon [5] Ibid. n. 20. where came to him Queen Berengara the Relict of King Richard to whom upon the Testimony of Philip Bishop of Durham and others that were present at her Marriage he gave her during Life the City of [2] Ibid. f. 467. b. n. 30. He gave Berengara King Richards Relick a large Dower Bayeux with its Appurtenences two Castles in Anjou and a 1000 Marks Sterling every year 500 to be paid at the Exchequer in England and 500 at the City Caen in Normandy for her Dower King Iohn had a Design to * Ibid. f. 468 a. n. 30.40 His Design to Appeal the Barons of Poictou of Treason Appeal the Barons of Poictou for Treason against his Brother Richard and himself and had hired many men who had been taught the Art of Duelling who without doubt he intended should Appeal them or at least be his Champions Sed Barones Pictaviae inde praemoniti ad Curiam illius venire Noluerunt Dicentes Quod nemini Responderent nisi pari suo But the Barons being forewarned would not come to his Court saying they would answer to no man that is fight with no man but their Peers or aequals and so his Design came to nothing and the Poictovins by that project were made more his Enemies than before and to Repress their Violence he appointed Robert de Turnham his Seneschal or Lieutenant of that Country This Year Hugh Bardolf and [3] Ibid. n. 20. other the Kings Iustices went to Boston Fair intending to Seize to the Kings use all Woollen Cloaths that were not two Ells within the Lists according to King Richards Assise or Statute The Merchants
Quarter a Farthing White-Loafe well Baked was to weigh sixteen shillings and a Farthing Loaf of the whole grain as it came from the Mill was to weigh twenty four shillings when Wheat was at Eighteen pence the Quarter then a Farthing White-loafe was to weigh sixty four shillings and a Farthing loafe of the whole Grist as it came from the Mill was to weigh ninety six shillings This is the highest and lowest price of Wheat mentioned in the Historian and the intermediate weight of Bread was proportionate to the intermediate price of Wheat and the Assise did rise and fall as the price of Wheat did rise and fall according to six pence in every Quarter and this Assise was Proclaimed through the whole Kingdom The King kept his [6] Ibid. n. 40 50. A. D. 1203. King Johns Luxury and Negligence Christmass at Caen in Normandy where laying aside the Thoughts of Warlike attempts he Feasted splendidly every day with his Queen and lay in Bed till Noon ubi postpositis incursionibus Bellicis cum Regina Epulabatur quotidie splendidè somnosque matutinales usque at prandendi Horam protraxit After Easter the King of France raised a great Army and took many of his Castles The places of strength he kept up the others he levelled with the ground King Iohn was told what the King of France had done he only Replyed let him alone whatever he now takes I will one day have again The English Nobility obtein leave to go home The English Earls Barons and other Noblemen hearing what he said and observing his irremediable Sloth obtained [7] f. 209. lin 2. leave to go home and left him but with few Knights or Military men in Normandy Hugh de Gournay yeilded to the King of France the Castle of Montfort with the whole Honor which King Iohn had given unto him who remained all this time secure at Roven so as people said he was bewitched ita quod ab omnibus diceretur ipsâ—m fore sortilegiis maleficiis infatuatum For he was as brisk and merry as if he had lost nothing King Philip Besieges and takes his Castles and Towns nor no ill had happened to him The King of France proceeds and invests Le Chasteau du Vau de Ruil within the Jurisdiction of Roven with a mighty Force Robert Fitz-Walter and Saber de Quincy in whose keeping it was delivered that Noble Castle so soon as he appeared before it Normandy being defenceless [8] Ibid. 10.20 Normandy and his other Transmarine Dominions left without Defence and his other Transmarine Dominions the King of France went where he would without Contradiction and received many Castles under his power and protection At the same time he Besieged the Excellent Castle upon the Rock in Andeli which King Richard Built But by the incomparable Courage and Fidelity of Roger de Lasci to whose Defence the Castle was Committed he prevailed little against it Sed probitate Rogeri de Lascâ— fidelitate incomparabili in illa obsidione parum profecit In this Juncture some Normans revolted from the King of England and others dissembled and staid with him King Iohn [9] Ibid. He came into England and accused his Nobility for deserting him He severely Taxed both them and the Religious seeing his Condition and that he had no force to support him Shipped himself and Landed at Portsmouth in die Sancti Nicholai on the 6th of December and then accusing the Earls and Barons that they had left him amongst his Enemies beyond Sea and that through their neglect he lost his Castles and Territories there He took of them the seventh part of all their moveables Neither did he in this Taxe spare Conventual or Parochial Churches For he had saith the Monk [1] Ibid. n. 30. Hubert and Fitz-Peter were the instruments of his Rapine those who Executed this Rapin upon the Ecclesiastics Hubert Archbishop of Canturbury and upon the Laics Geofry Fitz-Peter Iusticiary of England who spared no man in this Execution Qui in Executione dicta Nulli pepercerunt The King of France taking his [2] Ibid. n. 30 40. King Philips attempt to bring his transmarine Dominions under his obedience advantage when King Iohn was absent came with great Force before the several Citys and Castles of his Dominions declared to the Citisens and Castellans their King had left them and that he was chief Lord of their Countries and seeing the King of England had deserted them he must preserve the principal Dominion that was his own from injury and therefore friendly desired them to receive him as their Lord when they had no other Upon what Conditions they consented to yeild And if they would not submit to his Proposition he Swore if they fought against him and were subdued he would hang or flay them alive At length after many disputes they unanimously consented they would give Hostages for one years Truce and if the King of England Relieved them not in that time they would recognize him their Lord and render their Citys and Castles to him On the Morrow after [3] Ibid. â— 50 A. D. 1204. A Parliament called at Oxford and an Ayd granted Epiphany or the 2d of January the King and great men of England Convened in Parliament at Oxford in Crastino Circumcisionis Rex Magnates Angliae convenerunt ad Colloquium apud Oxonium where was granted to the King a Military Ayd of two Marks and half of every Knights Fee nor did the Bishops or Abbats or Ecclesiastic persons depart without promise of the same The Knights that were in the City of [4] Scriptor Norm f. 1057. B The Knights and Burgesses of Roven capitulate with King Philip. Roven and Burgesses entred into Covenants with the King of France Dated June 1. and gave 40 Hostages for the performance of them That if the King of England did not make Peace with the King of France according to his liking or remove him from the place where he was before Roven within 30 days they would deliver the City The Covenants are long and contein many things stipulated between the King of France and the Knights and Burgesses which were to be performed upon Rendition of the City [5] Paris f. 211. n. 40. Roven yeilded to him which for want of assistance came under the King of France his power The Castle upon the Rock in Andeli [6] Ibid. Andeli Castle Surrendred after a years Seige after almost a years Siege a great part of the Walls falling down the Foundation having been underdigged and the Defendants wanting Victuals fell into the King of France his hands But before the Delivery Roger Constable of Chester choosing rather to Dye with his Sword in his hand then be starved with several other of his stout Companions when they had not meat for one Meal left The great Courage and Bravery of Roger de Lasci mounted their Horses and Sallyed out and Killed many of
the French and mainteyned an obstinate fight with them before they were taken After the Castle was yielded up Roger de Lasci was carried into France but for the Courage and Bravery he shewed in the Defence of the Castle the King commanded he should only be a Prisoner at large propter probitatem suam quam in Castri custodia fecerat Jubente Rege sub libera Custodia detentus est Upon this the Castellans and Citisens [7] Ibid. n. 50. f. 212. l. 1. King John denys Relief to his Transmarine Subjects subject to the King of England sent to him to let him know in what streights they were The time of Truce was almost Expired and they must either deliver up their City's and Castles or permit their Hostages to be destroyed He told their Messengers they could expect no help from him and therefore left it to them to do what they thought best So that for want of Relief They generally submit to the King of France all Normandy Tourain Anjou and Poictou came under the Dominion of the King of France with their City's and Castles except Roâ—hel Tuarz and Nioris The King knew these things yet lived in all delight with his Queen and thought with her he injoyed all things The next year [8] Ibid. n. 10. A. D. 1205. King Johns policy to get Money from his Subjects about Whitsunday the King levied a great Army as if he would pass beyond Sea he was Prohibited by the Archbishop of Canturbury and many others He caused a great Number of Ships to come to Portsmouth on the fifteenth of July he went on Board with a small Company and put to Sea but changing his mind the third day after he Landed near Warham in Dorset-shire [9] Ibid. Upon his Returnâ— he took of the Earls Barons Knights and Religious persons a vast Summe of Money upon pretence they would not follow him beyond Sea that he might Recover his lost Dominions On the thirteenth of July [1] Ibid. n. 30. Hubert Arch-Bishop of Canturbury dyeth Dyed Hubert Archbishop of Canturbury to the great Joy of the King as having been suspected for holding correspondency with the King of France [2] Ibidem The Monks choose their Supprior Archbishop without the Kings Knowlege Before the Arch-Bishop was Buried some of the Monks chose their Supprior Archbishop without the Kings Knowledge and sent him away privately to Rome to procure his confirmation when he came there and shewed the Pope and Cardinals his Instruments of Election and petitioned him to confirm it He told him he would deliberate while he had more certainty of his Election The Monks had obliged their Supprior to [3] Ibid. n. 40. He breaks his Oath of Secresie Secresie but so soon as he got into Flanders he divulged his Election and told he was going to Rome to get it confirmed and shewed the Instrument of the Convent testifying his Election They having [4] Ibid. f. 213. n. 20 30 40. They choose the Bishop of Norwich upon the Kings recommendation notice he had Broke his Oath of Secresie were mightily moved against him and sent to the King to desire his Licence to choose an Archbishop the King gave them free leave without any Condition but secretly let them know That if they would choose Iohn Bishop of Norwich they would do him acceptable service The Monks unanimously choose him and in due form and then sent for him to come with all speed to Canturbury The King and he went to Canturbury together and the next day the Prior in the presence of the King and all the multitude declared Iohn de Grai Bishop of Norwich duly Elected and then the Monks placed him in the Archiepiscopal Throne or Seat and the King put him in possession of all things that belonged to the Archbishopric This double Election happened to be the Foundation of many great mischiefs that followed * The King [5] Ibid. n. 50. f. 214 l. 1. A. D. 1206. sent some of the Monks of the Church of Canturbury to Rome to obtein the Popes Confirmation of the Election at the same time the Suffragans of that Province sent their Procters to Rome who made a grievous complaint to the Pope The Suffragans of the Province Complaint against the Monks to the Pope That the Monks had presumed to choose an Arch-Bishop without them when they of Common Right and ancient Custom de jure communi consuetudine Antiqua ought to have been present with the Monks at the Election They alleged Decrees and Precedents produced Witnesses and exhibited Testimonials That the Suffragans together with the Monks had chosen three Archbishops [6] Ibid. n. 10. The Monks Answer to their Complaint The Pope pronounceth Sentence in favor of the Monks The Monks on the contrary affirmed That by antient and allowed Custom and by special priviledge of Popes they used to make Elections without them which they offered to prove by sufficient Witnesses The Allegations on both sides having been heard and the Witnesses Examined the Pope appointed the 12th of the Calends of January or 21st of December for pronouncing Sentence which was in favor of the Monks and by which he for ever [7] Append. N. 81. excluded the Suffragans or Bishops of that Province from having any thing to do with or share in the Election of an Arch-Bishop * Append. N. 82. In the mean time the King had very submissively Written to the Pope not to disturb him in that right he and his Ancestors had in the Election of Archbishop and Bishops This [8] Paris ut supra n. 20. King John Besieges Mont-Auban Castle and taketh it year on the 25th of June King Iohn with a great Army takes Ship at Portsmouth and on the 9th of July Lands at Rochell The Poictovins came in to him and promised their assistance After he had subdued a considerable part of Poictou he marched to the strong Castle of Mont-Auban which he Besieged and after he had Battered it fifteen Days took it on the first of August and wrote to his Justices Bishops and Nobility of England what and how many great and illustrious Prisoners what Horse and Arms and what innumerable spoils he had taken After this the Religious [9] Ibidem n. 30. A truce for two years agreed upon persons of those parts mediating between the two Kings on the Feast of All Saints procured a two years Truce so as King Iohn returned into England and Landed at Portsmouth on the 12th of December About this [1] Ibid. n. 30. time Iohn Ferentin the Popes Legat came into England and scraped up a great Summe of Money and the Morrow after St. Luke held a great Council at Reading and soon after left England Rigord [2] f. 206. n. 20 30. A. D. 1206. says King Philip hearing King Iohn was Landed at Roâ—hell Raised a great Army and Marched into Poictou and fortified and Garrisoned Mirebeau
before Ascension Day he should be no King much Credit was given to what he said notwithstanding the King kept him in Bonds and Close Prisoner And the [1] Ibid. n. 20. King Johns dissolute Life Monk says the King Defiled many Noblemens Wives and Daughters laid great Taxes on others and Confiscated the Estates of others so as he made to himself almost so many Enemies as there were great men And therefore at this time [2] Ibidem when they knew themselves absolved from their Fealty and Allegiance they rejoyced much and says the Monk further if common same was to be credited they every one sent the King of France a [3] Ibid. n. 30. Chart Sealed with their Seals That he might safely come into England receive the Kingdom and be Crowned with honor and glory About this time [4] Ibid. A. D. 1212. The Bishops inform the Pope against the King Stephan Archbishop of Canturbury William Bishop of London and Eustachius Bishop of Ely went to Rome and informed the Pope of the many Rebellions and Enormities King Iohn had committed since the Interdict inuerunt Papae multimodas Rebelliones Enormitates quas fecerat Rex Anglorum Johanes lifting up the hand of oppression and Cruelty against God and Holy Church and therefore humbly supplicated him in this Extremity to commiserate and assist the English Church The Pope was very Sorrowful when he had heard their Narrative and by advice of his Cardinals Bishops and other wise men [5] Ibid. n. 40. The Pope pronounces the Sentence of Deposition And writes to King Philip to put it in Execution he pronounced the Sentence of Deposition against King Iohn and ordered a more worthy person to succeed him and wrote to Philip King of France to put this Sentence in Execution and that he might undertake it he granted to him the Remission of all his sins and the Kingdom of England to him and his Successors in perpetual right when once he had Dethroned and expelled him Ad hujus quoque sententiae executionem scripsit Dominus Papa potentissimo Regi Francorum Philippo Quatenus Remissionem omnium suorum peccaminum hunc laborem assumeret Rege Anglorum a Solio Regni expulso ipse successores sui Regnum Angliae Jure perpetuo possiderent He [6] Ibid. n. 50. The Popes zeal to have King John dethroned wrote also to all great men Knights and other Warriers of divers Nations That they should undertake the Crusado ut sese Cruce signarent for the Dethroning of the King of England and follow the King of France the General in this Expedition and labor to vindicate the Injury done to the Vniversal Church and Decreed that whosoever should contribute either Money or other assistance toward the subduing of that Contumacious King should remain secure as well in their Goods as persons and in the Suffrages of their Souls or Prayers for their Souls in the Peace of the Church as those who visit the Sepulchre of the Lord. Sicut illi qui Sepulchrum Domini visitant Tam in Rebus quam in personis animarum suffragiis in pace Ecclesiae securi permaneant [7] Ibid. Pandulph sent into England And with this Commission and Instructions he sent Pandulph his Nuntio with the English Bishops that in his presence they might be executed But when [8] Ibid f. 233. l. 1. they were all gone out Pandulph asked the Pope privately what he might do if the King of England should repent and make satisfaction to God and the Roman Church and all others concerned in this business He presently gave him a form of Peace to which if the King would assent he might find favor at the Apostolic See In January [9] Ibid. n. 20. Ann. Dom. 1213. The English Bishops pronounced the Sentence in France They exhort King Philip to execute it He accordingly prepares to go into England next year Stephan Arch-bishop of Canturbury William Bishop of London and Eustachius Bishop of Ely in a Council in France before the King Bishops Clergy and Laity solemnly promulged the Sentence that had been pronounced against the King of England for Contumacy and then exhorted the King of France and all with him and for the Remission of their Sins injoyned them to Depose King Iohn and set up another by the Popes Authority He had now what a long time he desired and prepares accordingly and commands all the men under his power that is to say Dukes Earls Barons Knights and Esquites to be ready with their Horse and Arms at Roven eight days after Easter Rex Francorum omnes suae ditionis hâ—mines duces videlicet Comâ—es Barones Milites servientes cum equis armis c. under the Disgrace of being reputed Turn-tayls or Run-aways sub nomine * Du Fresâ— says these words sub nomine Culvertagil are of the same import with sub Poena Confiscationis Culverragii or least they should be disinherited as Traytors At the same time he caused all the Ships of his own Nation and many others to be Equipped Armed and Victualled King [1] Ibid. n. 40. Iohn having notice of this great preparation against him beyond Sea took care to prevent the Danger of it by fitting up all the Ships in all the Ports of England and by sending to all the [2] Append. N. 95. Sheriffâ— of every County of England to summon all the Earls Barons Knights and all Freemen and Esquires or Serjeants whoever they were and of whomsoever they held who ought to have or could have Arms and who had done Homage and Ligeance to him [3] Paris 234. n. 10 20 King Johns preparation to oppose King Philip. There were several Rendezvouses at Dover Feversham and Ipswich where the numbers were so great as they wanted Victuals therefore the unarmed multitude was sent home and the Knights Esquires Freemen Crosse-Bow-men and Archers staid upon the Coast The Bishop of Norwiâ—h came out of Ireland with 500 Soldiers and many Horse to the King and was kindly received The whole Force that was Mustered upon Barham Down consisted of sixty Thousand strong well armed men He designed also to way-lay the French Fleet and fight them with his Navy which was greater and stronger then that of France While King [4] Ibid. n. 30 40 50. Pandulph affrighteth King John Iohn expected the arrival of the King of France upon the Coast of Kent near Dover Pandulph sent two Templars to let the King know he would speak with him by whom the King desired he would come to him with speed They met at Dover when Pandulph tells him what a vast Navy and Army the King of France a. The French Historians Rigord and Mezâ—raâ— and our * Hypodigm Neustria Walsingham in this Year 1213. say that of all the Nobility of France Ferrand Earl of Flanders only refused to assist the King of France in this Expedition so that he resolved before he took Shipping
Inquisition in every Bishoprick before the Arch-Bishops Clercs what had been taken from the Bishops Clercs and other Ecclesiastical persons and Laics and to return it to the King as appears upon [1] Append. n. 103.104 Record though the Inquisitions themselves are not to be found which in all probability were the Charts or Catalogues above-mentioned About this time the Pope [2] Append. N. 105. The Pope writes to his Legate to fill all vacancies of Abbys and Bishopric's wrote to his Legat Nicholas to fill all vacant Abbacies and Bishopricks with fit persons and wrote to all Chapters Commanding them to rest in his Advice and Determination and if there were any Rebels or such as contradicted him that he should compel them to Obedience by Ecclesiastic censure without benefit of Appeal The Legat armed [3] Mat. Paris f. 247. n 40. He executes the Popes Letter with this power despised the Arch-Bishop and Bishops of the Kingdom and went to the vacant Churches with the Kings Clercs and Officers and placed in them unfit persons such as appealed to the Court of Rome he suspended and suffered them not to have one peny of what was their own to bear their charges thither In many places he gave the vacant Parochial Churches to his own Clercs without the consent of the Patrons After the [4] Ibid. n. 50. A. D. 1214. The Arch-Bishop and Prelates are troubled at the Legates practice Octaves of Epiphany the Arch-Bishop of Canturbury with his Suffragans met at Dunstable to Treat of the Affairs of the English Church for it much troubled them That the Legat without their Advice and in favour to the Kings Inclinations should place insufficient Prelates in the vacant Churches rather by Intrusion then Canonical Election At length when the matter had been variously discussed the Arch-Bishop sent two Clercs to the Legat then at Burton upon Trent who by appealing prohibited him on behalf of the Arch-Bishop of Canturbury least he might presume to institute Prelates in his Province to whom of right it belonged to do it The Legat not valuing the Appeal [5] Ibid. f. 248. lin 4. The Legate opposes the Appeal of the Arch-Bishop and Bishops His Character of the King dispatcht Pandulph with the Kings assent to the Court of Rome that he might defeat the purpose of the Arch-Bishop and Bishops and when he came there he did not a little blast the credit of the Arch-Bishop with the Pope and so much extolled the King affirming he never saw a more Humble and Modest Prince that he obtained great favour with the Pope Simon de Langeton the Arch-Bishops Brother opposed Pandulph but because he brought the Kings Charts Bulled or Sealed with Gold Sed Quoniam Charta Regis auro bullata a Pandulpho nuper delate fuerit c. containing the Subjection and Tribute of the Kingdom of England and Ireland Master Simon in what he offered against him could not be heard The same Pandulph affirmed also That the Arch-Bishop and Bishops were too Rigid and Covetous in the Exaction and for the Restitution of what had been taken away in the time of the Interdict and that they had beyond Equity depressed the King himself and the Liberties of the Kingdom or the Temporal Liberties and so for a while the Arch-Bishop and Bishops designs were put off or received delay In the mean time the King had [6] Ibid. n. 10. sent a great sum of Money to the chief Commanders of his Forces in Flanders that thereby they might be enabled to invade and waste France on that side they did so and took several Towns and Castles and much harassed the Countrey And the King having sent Messengers to Rome about releasing of the Interdict He with his Queen took Shipping at Portsmouth on the Feast of the Purification of the Virgin Mary and within few days arrived with a great Army at Rochel where came many Barons of Poictou and swear Fealty to him and presently after his landing there were [7] Ibid. n. 20. King John's success beyond Sea surrendred to him and quitted Twenty six Castles and Fortresses and while he was besieging Millesen Castle there came to him Frier William of St. Owen with the Popes Form of Releasing the Interdict which he sent to Peter Bishop of Winton his Justiciary of England with an account of his Successes to [8] Append. n. 106. William Earl Marshal and all the Earls Barons and great Men of England with Directions to them to hear and do what the Justiciary should say to them concerning the Form and Relaxation of the Interdict The Messengers or Commissioners [9] Mat. Paris f. 249. lin 3. The Commissioners sent by the King and Arch-Bishop urged the Relaxation of the Interdict sent by the King to Rome about this Affair were Iohn Bishop of Nâ—rwich Robert de Marisco Arch-Deacon of Northumberland Thomas de Huntingâ—una or rather Herdingtona and Adam two Noble Knights Those on the behalf of the Arch-Bishop were Simon de Laâ—getuna his Brother A. and G. his Clercs all which unanimously affirmed in the presence of the Pope it was very much for the advantage of the Secular and Ecclesiastic State that the Interdict should be released [1] Append. n. 107. and by their consents he invented and appointed the Form of it by which he ordered 40000 Marks to be paid to the Arch-Bishop of Canturbury the Bishops of London Ely and others they should assign discounting what they had received before which being paid and further caution give as 't is noted in the Form it self The Legat without any obstacle of Appeal or Condition was to release the Interdict which Caution was That * Append. N. 109 110 the King should bind himself by Oath and his Letters Patents with six others Bishops and Earls his Fide-jussors or Sureties for the payment of 12000 Marks a year at two Terms until the 40000 Marks were fully paid At the time [2] Paris ut supra n. 20. A Council assembled by the Legat at St. Pauls in London when Nicholas the Popes Legate received this Authentick Message from the Pope the King was still beyond the Sea but in his departure from England he left the Legat and William Marshal his Commissioners in this Business and the Legat assembled a great Council at St. Pauls in London [3] Ibid. n. 30. where were the Arch-Bishops Bishops Abbats Priors Earls Barons and others concerned in this Affair of the Interdict before whom he propounded the Form of Restitution for Damages and what had been taken a way from the Bishops c. which was drawn up by the Pope at Rome with the consent of the Parties Commanding he might be certified what Money had been paid to the Bishops or others by the Kings Officers upon occasion of the Interdict and it was proved that the Arch-Bishop and the Monks of Canterbury together with the Bishops of London Ely Hereford Bath and Lincoln before they returned into
England received by the hands of Pandulph 12000 Marks Sterling and in the Council holden at Reding on the 7th of December 7 o Idus Decembris after their return the same Bishops and Monks received 15000 Marks to be divided between them [4] Ibid. n. 40. so that there remained to be paid only 1â—000 Marks for which they had the Kings Letters Patents and the Security of the Bishops of Winchester and Norwich for the payment of it And then after the accomplishment of all these things [5] Ibid. n. 50. A. D. 1214. 16 Johan Regis The Interdict released The Legat on the Feast of St. Peter and Paul June 29. solemnly released the Sentence of Interdict after it had continued six years three Months and fourteen days to the great joy of the whole Nation The Interdict thus released [6] Ibid. and f. 250. lin 1. c. The Religious make their suit to the Legat for Restitution The Legat's Answer There came to the Legate Abbats Priors Templars Hospitalers Abbesses Nuns Clercs and Laics an innumerable multitude innumera multitudo Requiring Restitution for the Damages and Injuries they had received But the Legat answered them all alike That there was no mention of their Damages and Injuries in the Popes Letters and that he neither ought or could transgress the bounds of his Authority yet advised them to complain and apply themselves to the Pope and petition him to do them Justice [7] Ibid. f. 250. lin 7. When the Prelates that is all the Bishops Abbats Priors c. that put in their Complaints heard this they returned home without hopes of better success nor perhaps most of these the Religious especially could really require nothing for the King had procured and exacted from most Religious Houses Testimonials that what he had from them or as Paris says violently extorted was freely given him [8] f. 23â— n. 30. Rex vulpina calliditate ab omnibus Religiosorum Domibus Chartas exegit Quibus testarentur se gratis contulisse Quaecunque ab eis violenter extorsit And upon the Patent Roll of the 16th of this King there is a [9] Append. n. 11. Form of an Acquittance entred for the Abbats and Convents by which they acknowledged satisfaction for what he had received of them during the time of the Interdict About this time King Iohn [1] Paris f. 250. n. 10 20. A. D. 1214. King John would have fought Lewis but his Barons of Poictou refuse marched his Army out of Poictou into Britany and Besieged the Castle de la Roche au Moin upon the River Loir between Nants and Angiers and Lewis the King of France his Son came with a great Army to Relieve it King Iohn sent for his Scouts to discover their Numbers and strâ—ngth who returned to him and informed him they were inferior to his and persuaded him to give them Battle He commands his Soldiers to Arm That he might March and meet him but the Barons of Poictou would not follow the King saying they were not prepared for a Field Battle They he suspected their accustomed Treason and when he was upon the point of sacking the Castle raised the Siege [2] Ibid. n. 30. Lewis also when he heard King Iohn began to March fearing he would set upon him fled Sicque utterque Exercitus ignominiosa Dilapsus fuga alter alterum a Tergo salutavit And so both Armies having sheaked away by an ignominious flight turned their Backs one upon another The French Historians [3] f. 215. n. 30. A. D. 1214. Rigord especially and others from him Report this Action otherwise They say Prince Lewis assembled an Army at Chinon Castle and marched toward King Iohn who so soon as heard he was within one days March of him fled and left the Engines behind him with which he Battered the Castle and Lewis afterwards took the Castles of Beaufort and Monâ—onter wasted many Rich places belonging to the Vicecomes or Viscount or Toars and Demolished the new Walls of Angiers with which King Iohn had incompassed it Within less then a Moneth after [4] Rigord f. 216. u. 10 20 â—0 c. Paris ut supra f. 250.40 50. c. A League against the King of France upon the 27th of July sexto Kalendarum Augusti was fought the famous Battel of Bovines between Tournay Lens and Lisâ—e now in Arâ—ois At this time the Emperor the King of England the Earl of Flanders Dukes of Lovain and Brabant Leagued against the King of France and invaded his Kingdom while his Son Lewis was ingaged in Poictou and Britany against King Iohn The person of the King of France was in great Danger having been beaten off his Horse and trod under his Feet yet at length his Enemies were all vanquished Otho the Emperor put to flight his Standard being a Dragon under an Imperial Eagle gilt The King of France vanquisheth Otho the Emperor Ferrand Earl of Flanders and Reginald Earl of Bolognâ— taken Prisoners was torn and taken and the Chariot that carried it broken in pieces There were also taken five Earls two whereof were Ferrand Earl of Flanders and Reginald Earl of Bologne with twenty five Noble men that carried Banners Ferrand was imprisoned in a strong Tower in Paris and Reginald in a strong Tower in Perone in Picardy laden with Irons and Chained to a great piece of Timber The Parisians made the King a most splendid Reception at his Entrance into their City and celebratred this Victory with great Joy for several days Whoever desires to see all the small particulars and great ingagements in this Battel how every considerable Commander behaved himself with the Brigade or party he Commanded and what their names and who they were may read the Description of it at large in Rigord who was the King of France his Chaplane and with him in iâ— And may also have a further account of it in Mathew Pariâ— though not so large yet no ways interfering with that of Râ—gord After this Victory by the Industry of Ranulph Earl of Chester and mediation of Robert the Popes Legat saith [5] f. 224. n. 20. Paris f. 250. n. 30. A tâ—uce made for five years between England and France Rigord of religious persons saith [5] f. 224. n. 20. Paris f. 250. n. 30. A tâ—uce made for five years between England and France Paris a Truce was made between the two Kings for five years and King Iohn [6] Ibid. n. 50. returned into England 14 Calendarum Novembris or 19th of October About the [7] Ibid. The Earls and Barons Confederate against King John at St. Edmâ—nds Bury same time the Earls and Barons under pretence of Prayer but really for another purpose met at St. Edmunds Bury For when they had a long time whispered and talked privately together the Charter of King Henry the first was produced which the Barons received from Steppan Archbishop of Canturbury at London ut praedictum est as was
said before which conteined certain Laws and Liberties of King Edward granted to the Holy English Church and the great men of the Kingdom with some other Liberties the King added of his own continebat autem Charta quâ—sdam Libertates Leges Regis Edwardi Sanctae Ecclesiae Anglicanae pariter Magnatibus Regni Concessas Exceptis Quibusdam Libertatibus Quas idem Rex de suo adjecit When they all met in the [8] Ibid. f. 253. lin 2. Church of St. Edmund the great Barons begun to Swear first upon the great Altar That if the King Refused to grant them those Liberties They would make War upon him and withdraw themselves from his Fealty until he should by Charter Sealed with his Seal confirm all they Demanded And they all Agreed That at Christmass they would all go to the King together to Demand That the Liberties before mentioned might be Confirmed And in the mean time they would provide themselves with Horse and Arms. That if perchance the King should start from his own Oath as they believed he would for his Doubleness They might compell him to satisfaction by taking his Castles Quod si forte Rex a proprio vellet Juramento Quod bene Credebant resilire propter suam Duplicitatem ipsi protinus per Captionem Castrorum suorum eum ad satisfactionem compellerent In the [9] Ibid. f. 253. n. 30. A. D. 1215. They demand of the King a restitution of certain Laws and Liberties year One Thousand two hundred and fifteen at Christmass the King kept his Court at Worcester one day only and hasting from thence to London remained in the New Temple where the great men came to him in Luxurious Military Habits and desired certain Liberties and Laws of King Edward with other Liberties Granted to them The Kingdom of England and the English Church might be confirmed as they were conteined and written in the Charter of Henry the first and the foresaid Laws Moreover they affirmed That at the time of his Absolution at Winchester he promised those Laws and Liberties and was bound by Oath to the Observation of them [1] Ibid. n. 40. The Kings Answer The King observing the earnestness of the Barons and their readiness for War was startled and for the greatness and difficulty of the matter required time to Answer until the close of Easter many things were propounded on both sides and at length the King though unwillingly found Sureties the Archbishop of Canturbury the Bishop of Ely and William Marshal That on the day prefixed he should with reason satisfie them all Upon which the great men returend home The King [2] Ibidem Fealty Sworn and Homage renewed to the King through all England He took upon him the Cross intending to secure himself for the future caused Fealâ—y to be Sworn and Homages to be renewed through all England to himself alone against all men And that he might the better provide for himself on Candlemass day he took upon him the Cross timore potiùs quam Devotione out of Fear rather than Devotion That he might be more safe under the protection of it In Easter Week [3] Ibid. n. 50 The great men meâ—t at Stanford The great men met a Stanford with Horse and Arms and had drawn into their party almost all the Nobility of England who made up a very great Army in which there were numbred two thousand Knights besides other Horsemen and Foot armed with divers Weapons The [4] Ibid. f. 254. lin 1. The names of the chief Conspirators Chief of the Presumption and Incendiaries fuerunt autem principes presumptionis incentores were Robert Fitz-Walter Eustathius de Vesci Richard de Percy Robert de Ros Peter de Bruis Nicholas de Stutevil Saher Earl of Winchester Robert Earl of Clare Roger Earl Bigod William de Mumbray alias Mowbray Roger de Creissy Ranulph Fitz Robert Robert de Ver Fulk Fitz-Warin William Mallet William Montacute William de Beauchamp S. de Rime William Marshal the Younger William Manduit Roger de Mont-Begon Iohn Fitz-Robert Iohn Fitz-Alan G. de Laval O. Fitz-Alan W. de Hobrug O. de Vallibus alias Vaus G. de Gant Mauritius de Gant R. de Braleste R. de Montfichet William de Lanvalei Geofrey de Mandeâ—â— Earl of Essex William his Brother William de Huntingfield Robert de Gresley G. Constable of Meurum Alexander de Pointun Peter Fitz-Iohn Alexander de Sutum Osbert de Bovi Stephen Arch-Bishop of Canturbury the head of the Conspiracy Iohn Constable of Chester Thomas de Muletun Conanus Fitz-Ely and many others who Conspired together and Confederated under their Head Stephan Archbishop of Canturbury isti comunes Conâ—urati Confederati Stephanum Cantuariensem Archiepiscopum * Ibid. n. 10. Capitalem Consentaneum habuerunt At this [5] Ibid. n. 10 20. time the King was at Oxford expecting the coming of the great men On Monday after Easter they Rendezvouzed at Brackley in Northamptonshire To whom he sent the Archbishop of Canturbury and William Marshal Earl of Pembroke with other wise men To know what Liberties and Laws they were they desired A Schedule of the Laws and Liberties they desired delivered to the King He refused to grant then and they delivered unto them a Schedule or Writing nunciis Schedulam pâ—rrexerunt which for the most part conteined the antient Customes of the Kingdom Affirming that if the King would not forthwith Grant and Confirm them under Seal they would compel him by Seising his Castles Lands and Possessions They Returned to the King with the Schedule and read to him all the Articles conteined in it which when the King heard he in Fury asked Why the Barons with unjust Exactions did not Demand the Kingdom They are vain things saith he and without Foundation and then affirmed with an Oath He would never Grant such Liberties as would make him a Servant or Slave When [6] Ibid. n 30. The great men chuse Robert Fitz-Walter their General the Archbishop and William Marshal could not bring the King to consent to the Barons Demands By his Command they returned to them and gave them an account what he had said And the great men thereupon chose Robert Fitz-Walter their General calling him The Marshal of the Army of God and of Holy Church Apellantes eum Mareschallum Exercitus Dei Ecâ—lesiae Sanctae They Marched to Northampton and Besieged that Castle fifteen days without Success and then raised the Siege and went to Bedford Castle where they were kindly received by William Beuchamp Hither [7] Ibid. 40 50. The Londiners invite them to take possession of their City came to them Messengers from the City of London secretly shewing them that if they would possess themselves of the City of London they must make haste Forthwith they March to Ware and from thence march all night to London and on the 24th of May early in the Morning and in the time of Mass without
an Earl and Duke Therefore though he was a King anointed yet as he was an Earl or Duke he was under the Iurisdiction of his Lord the King of Fâ—ance But if an Earl or Duke Committed a Crime in the Kingdom of France he might and ought to be Judged by his Peers [1] Ibid. n. 40. and if he were neither Duke or Earl or Liege Man of the King of France and had Committed a Crime in the Kingdom of France yet by Reason the Crime was Committed in France the Barons might Judge him to Death otherwise if the King of England because he was an anointed King who was then a Peer of France could not be Judged to Death might safely enter the Kingdom of France and Kill the Barons of that Kingdom as he had Killed his Nephew Arthur The Monk [2] Ibid. n. 50. Quere Why the Monk said this tells us the truth of the Matter was thus That King John was not justly adjudged from the Dukedom of Normandy because he was not Judicially but Violently thrust out of it For that he sent Eustace Bishop of Ely and Hubert de Burgh to let the King of France know The Mutual Objections Answers and Replys c. That he would Willingly appear in his Court and was ready to stand to the Law in all things if he might have a safe Conduct The King of France answered he should come safely The Bishop then asked him And shall he return safely [3] Ibid. fol. 284. lin 1. Of the King of France and the Envoys of the King of England To which the King returned If his Peers would permit him And when the King of England's Envoys pressed that he might safely come into and return out of France King Philip sware by the Saints of his own Country he should not depart without Iudgment or Tryal [4] Ibid. lin 4. Concerning his Answering in the Court of France The Bishop urged the Dangers that might happen by his coming without Safe-Conduct and that he could not come to his Court as Duke of Normandy but he must come as King of England when as the same person was both King and Duke which the Baronage of England would no ways permit though the King would submit to it For he must either run the Hazard of Imprisonment or Death as a Peer of that Kingdom To which the King of France Rebutted And what is this my Lord Bishop 'T is well known the Duke of Normandy my Tenant hath violently acquired England and if he suddenly hath acquired any greater Honor shall this prejudice his Capital Lord shall He lose by it Certainly not [5] Ibid. n. 10. To which saith the Monk the King of England's Messengers could Surrebutt or answer nothing and so returned home But adds [6] Ibid. Mat. Paris his Opinion about the Condemnation of King John in the Court of France The Monk notwithstanding what the King of England's Envoys said the Great Men of France proceeded to Judgment which justly they ought not to have done because he that was judged was absent and would have appeared if he could And therefore King John being condemned by his Adversaries was not justly condemned [7] Ibid. n. 20. The Popes Opinion about the Death of Duke Arthur The Pope says Duke Arthur was taken by his Vncle at the Castle of Mirebel after he had done Homage and Ligeance to him and therefore might be put to Death without Judgment Secondly [8] Ibid. n. 30.40 The second Objection against King John and the Popes answer The Replies of Lewis his Envoys to the Pope 'T was Objected against King John That he was often Cited to appear in the Court of the King of France and neither appeared personally nor sent any one to appear for him The Pope answered This was only Contumacy and not a Mortal Crime and was otherwise to be punished and therefore the Barons could not judge him to Death Lewis his Messengers replyed That it was the Custom of France That if any one was accused of Murther and appeared not but sent his excuse he was judged as Convicted in all things and the Issue of him barred from Inheriting To which the Pope answered again That suppose King John had been Judged to Death and his Issue barred which could only be for his Territories in France His Answers to them again yet Blanch the Wife of Lewis ought not to succeed but either the Sister of Arthur or Otho Son of Henry Duke of Saxony by her Eldest Sister Maud or the King of Castile her Brother or the Queen of Leon her Eldest Sister [9] Ibid. f. 285. lin 1. To which Lewis his Envoys again Replyed That she had a Title which was good while others appeared and if any nearer to it afterwards claimed Lewis might do what he thought fit or what he ought to do 3. To these things the [1] Ibid. l. 5. The Pope asserts his own Title Pope said the Kingdom of England was his property and that Lewis ought not to spoil him of his Kingdom by War To this Lewis his Commissioners Answered The War was begun before the Pope could pretend to it [2] Ibid. n. 10. Lewis his Envoys indeavour to invalidate it For William Longe-spee and many with him came and invaded Lewis his Territories Therefore his War was just against the King of England that sent him [3] Ibid. The Popes Answer to their Argument for War against King John The Pope answered Lewis ought not to make War upon him for what his Vassal had done but to make his complaint to him as his Lord. To this the Commissioners Replyed [4] Ibidem The Reply of Lewis his Envoys There was a Custome in France That when any Vassal made War upon any one by Authority of his Lord he might make War upon him again without complaining to his Lord. [5] Ibid. n. 30. The Pâ—pes Argument against the War The Reply of Lewis his Commissioners The Pope urged further That the Barons were Excommunicated and all their Favorers by which means Lewis would incur the pain of Excommunication To this his Commissioners replyed he did not favor or Cherish the Barons of England but prosecuted his own right And that he believed neither the Pope nor so great a Council would Excommunicate any man injustly for that at the time of declaring the Sentence they knew not what right he had to the Kingdom of England [6] Ibid. n. 40 The Popes Resolution And after all the Pope said he would determine nothing until that he heard from his Legat Walo This was the Discourse between the Pope and Lewis his Envoyes their mutual Objections Answers Replyes c. Lewis [7] Ibid. n. â—0 Lewis waâ—â—s Essex Norfolk and Suffolk and returns with the Spoils to London He makes Gilbert de Gant Earl of Lincoln and sends him to Block up Nottiâ—gham and Newark Castles made a great Cavalcade into the East of England the
Counties of Essex Norfolk and Suffolk and miserably wasted them put a Garrison into the Castle of Norwich which Thomas de Burgh had deserted This done the French returned with great Booty and Spoyls to London where Gilbert de Gant came to Lewis by whom he was Girt with the Sword of the County of Lincoln and made Earl thereof and was then sent to restrain and block up the Forces in the Castles of Nottingham and Newark At the [8] Ibidem York and Yorkshire subjected to Lewis same Time Robert de Ros Peter de Brus and Richard de Perci reduced York and Yorkshire to his Obedience Gilbert de Gant and Robert de Ropesle took the City of [9] Ibid. f. 286. lin 1 2. Holland in Lincolnshire Plundered Lincoln with the Country round about except the Castle and put them under Annual Tribute Then they Plundered Holland and made it Tributary [1] Ibid. lin 4 A great part of Northumberland made subject to him The King of Scots made subject to Lewis all Northumberland except the Castles which Hugh de Bailiol and Philip de Hulecoâ—es Defended About [2] Ibid. n. 10. A. D. 1216. Lewis Besiegeth Dover Castle Midsummer Lewis Besieged Dober Castle where Hubert de Burgh was Governor after he had Battered it for some time he was beaten off by the Defendants and forced to remove his forces to some Distance where they lay Quiet and intended to starve those they could not Conquer At the [3] Ibid. n. 20. Part of the Barons made an inrode into Cambridgshire Norfolk and Suffolk c. Yarmouth Dunwich and Ipswich redeem themselves same time part of the Barons made a Cabalcade into Cambridgeshire wasted the whole Country and took the Castle from thence they marched into Norfolk and Suffolk and plundered them and all the Churches and forced the Towns of Yarmouth Dunwich and Ipswich to most Grievous Redemption and Returning by â—chester Committed the like Outrages there and came again to their known lurking places of London ad [4] Ibid. n. 30. They return with their Plunder to London not a Londoniarum latibula reversi sunt After this the [5] Ibid. n. 30. The Barons Besiege Windsor Castle Barons gathered together a great force under the Command of the Earl of Nevers and Besieged Windsor Castle in which were Sixty Knights with their several Retinues The French applyed their Battering Engines against the Walls and the Defendants indeavoured to Beat them off Mat. Paris says [6] Ibid. n. 40 50. King John raiseth an Army out of his Garrisons with which he marched up and down the Countries and wasted the Barons Estates The Barons leave the Siege of Windsor Castle and follow the King When they could not take him they plunder the Countries so soon as King John knew Dover and Windsor Castles were Besieged out of his Garrisons raised a great Army and for one Moneth Marched speedily up and down the Countries and wasted the Lands of the Earls and Barons Burnt their Houses Destroyed their Fruit and Corn. That at Length he wandered into the Counties of Norfolk and Suffolk and there wasted the Estates of the Earl of Arundel Roger Bigod William de Huntingfield and other great men And that the Barons seeing they could make no progress in the Siege of Windsor left it in the night and their Tents behind them and Marched in all hast toward Cambridge that they might shut up and surprize the King But he having notice of their Coming that way made his Escape to Stanford and from thence went towards Lincoln the Castle whereof was then Besieged by Gilbert de Gant who upon his Appearance fled with all his Forces The Barons hereupon having Missed the King Plundered and Wasted the Countries and [7] Ibid. fol. 287. lin 1. and bring their prey to London returned to London with their Spoils and Prey where placing a Garrison they went to Lewis then busied in the Siege of Dover Castle where came to him Alexander King of Scots and did him Homage for the Lands he held of the King of England It [8] Ibid. n. 10 20. The Viscount of Melun Discovers Lewis his Designs and intentions against the English Barons and English Nation happened at this time That the Vicecomes or Viscount of Melun a French Nobleman that came with Lewis into England fell sick in the City of London and when he saw Death approaching he called to him some of the Barons of England that remained there for the security of the City and told them he was sorry for the Destruction and Ruine that was coming upon them which they understood not For Lewis had Sworn with sixteen Earls and Barons of France that when he had Conquered England and was Crowned he would for ever Banish all those that fought for him and persecuted King John as Traytors and Destroy all their Generations and that they might not Doubt of it he affirmed in words of a Dying man and as he hoped for Salvation That he himself was one of those That Swore with Lewis and so wished them not to Discover what he said but provide for their safety he presently Dyed When these things [9] Ibid. n. â—0 The Barons begin to repent of their usage of King John and dispair of pardon from the greatness of their Crimes were whispered amongst the Barons they were much troubled for they observed that when Lewis took any of their Castles from the King he placed in them French Governors notwithstanding their Oppositions But it Grieved them most That he had Stigmatized them with the Character of Traytors And it added to their grief not a little That they were Excommunicated Some of them Reflecting upon their Condition Thought of returning to their obedience but feared they had so highly provoked King John That he would not admit of their Repentance Upon the Patent [1] Rot. Pat. 18 Johan The King was up and down in the West Country most part of the Summer Roll of this year we find King John Busied in the West all this Summer from almost the beginning of May to the beginning of September for by the Grants there made the Protections and other things there Granted we find he was in perpetual motion and he very seldom stayed 2 or 3 Days in a place as appears by the Tests of the Patents where the place of his being is always Expressed Sometimes at the beginning of the Summer he was at Winchester at the Divises at Bristol Wells Shirborn Warham Corf Castle Lutgarsâ—al Berkeley Castle and very many other places in the West Country and backward and forward to and from the same places While he was here in the West he made [2] Append. N. 136. Lin in Norfolk a place of Refuge for the Kings persecuted Subjects his Treasure there secured c. Lin in Norfolk as it were a place of Refuge or Defence to those of his party and his Loyal Subjects and there also without doubt secured
put the rest to flight The Citizens returned into the City meditating revenge and met in great Numbers Serlo the Major hearing of their tumultuous proceedings came to them and advised them to make their complaint of the injury they had received to the Abbat of Westminster and if he would punish the Offenders to take that for sufficient satisfaction Constantine a popular Citizen the chief Author of that Riot But Constantine a man very popular among them opposed this method telling them the Abbat and Steward deserved to have their houses pulled down and levelled with the ground This Counsel was approved of and executed by the rabble to the great prejudice of the Abbat When Hubert de Burgh the Justiciary had notice of these Ryotous proceedings he came to the City with some Troops of Soldiers and Commanded the Principal Citizens should with speed come to him of whom he inquired who were the Authors of this Sedition and Subverters of the Kings City His Answer to the Justiciary and who they were that thus dare presume to break the Kings Peace Constantine answered They had done less then they ought to have done and would stand to what they had done Adding The King had violated his Oath whereupon Lewis justly refused to perform what was covenanted between them When the Iusticiary heard this Confession he dismissed all but Constantine and his Nephew He is Hanged with two others and one Geofry that proclaimed Constantine's Edict whom he ordered to be hanged next day Morning When the Rope was about Constantine's Neck he offered 15000 Marks of Silver for Pardon but to no purpose When the Sentence had been pronounced without noise or the knowledge of the Citisens Falcasius with a Guard carried him by Water upon the Thames to the place of Execution After this * Ibid. n. 50. the Iusticiary and Falcasius i. e. Fawks de Breant with a considerable Guard went into the City and whosoever he found Guilty of the Sedition he imprisoned and caused either their Feet or Hands to be cut off and then set them at Liberty many fled for fear and never returned The King punisheth the City of London for the Riot And turns out the Officers and for a greater punishment to the City the Kings turned out all the City Magistrates and appointed new Prefects Governors or Officers in their place Rex in majorem vindictam omnes Vrbis Magistratus deponens novos in Civitate constituit Praefectos Not long after the King * Append. n. 147. Thirty Hostages given for the security of the City of London named Thirty persons to be Security and Hostages for the Good Behaviour preserving the Peace and faithful Service of the City of London The Vniversity or Community whereof bound themselves to the King by a Chart Sealed with their Commune Seal to deliver them or more to the King or Justiciary whenever they were called for and if any of them dyed to add others On the 29 th of January following the King * Append. n. 148. The King Lets the Office of Chamberlan of London at 100 l. per annum Let out to Farm to William Ionner Citisen of London the Office of Chamberlan of London with all things belonging to it for two years at One hundred pounds a year to be paid into the Exchequer Reserving to himself the Prizes or Customs of Grey Work that is Grey Cloth of Wax and Silk Cloaths to be delivered to the King for his own use by the Hand of the Farmer In the year 1223. the King kept his [5] Ibid. f. 316. n. 50. The Archbishop and great Men desire a Confirmation of their Liberties Christmass at Oxford A. D. 1223. and on the 13th of January met his Barons at London in a Parlement or Conference apud Lundonias veniens cum Baronibus ad Colloquium where the Archbishop of Canturbury and other Great Men Et alii Magnates Requested that the King would confirm the Liberties and free Customs Libertates liberas Consuetudines for which a War was made with his Father urging moreover that when Lewis departed from England both he and all the Nobility of the Kingdom had sworn to observe and cause to be observed those Liberties and therefore could not Râ—fuse to do it William Briwere one of the Kings Counsellors replyed That the Liberties they desired were violenely Extorted and therefore ought not to be observed The Archbishop in a Passion reproved him and said if he loved the King he would not hinder the Peace of the Kingdom The King [6] Ibid. f. 317. l. 3. seeing the Archbishop moved The King promiseth to preserve their Liberties assured them that he had bound himself by Oath to preserve their Liberties and what was Sworn should be observed And having called a Council he forthwith sent his Letters to all the Sherifs of the Kingdom to make inquiry by the Oath of Twelve Knights or Legal Men in every County And causeth Inquisition to be made what they were what were the Liberties in England in the time of King Henry his Grandfather and to make a return of them to London Fifteen days after Easter The Contents of the * Append. n. 149. The Writ of Inquiry directed to Twelve Knights c. Writ it self do in many things differ from this report of Mat. Paris by which the Sheriffs were commanded to make diligent inquiry by the Oaths of Twelve of the most legal and discreet Knights of their Counties in a full County Court what Customs and Liberties King John his Father had the day in which the War began between him and his Barons concerning Lands and other things within Burghs and without and cause them to be proclaimed and observed in their Counties and to cause the Inquisition and Writ to be returned to the King at Westminster on the Morrow of the close of Easter This year while William Mareschal [7] fol. 317. n. 10. Lewelin King of Wales takes two of the Marshals Castles The Marshal retakes them And kills 9000 Welsh Earl of Pembroke was busied in Ireland Leolin King of the Welch took Two of his Castles and put all to the Sword that he found in them and placed Welch-men in their room The Mareschal having notice of what was done returned with great speed into England and forthwith Besieged these Castles and retook them and cut off the Heads of all the Welch-men and then marched into Leolin's Countrey and wasted all before him with Fire and Sword Having totally defeated the Welch He took and slew about 9000 few escaping by flight After this the same Lewelin Prince of North-Wales acknowledged by his * Pat. 7. Hen 3. M. 2. dors Lewelin binds himself to give King Henry satisfaction for the damages done him Chart Sealed with his Seal and witnessed by many Bishops Earls and Barons That he had Sworn to give satisfaction to his Lord Henry King of England and his People within
Person or Seal and upon that account was invalid The people Murmur and accuse Hubert de Burgh This occasioned great Murmurings every one accusing the Justiciary and looking upon him to be the Author of this disturbance because the King was wholly guided by him Soon after the [9] Ibid. n. 40 Religious and all others had notice that if they would enjoy their Liberties they should renew their Charters otherwise the Old ones should be no advantage to them and what they were to pay for them was left to the discretion of the Justiciary This year Dyed [1] Ibid n. 50. Honorius the Pope Dyes Gregory the ninth chosen The King sends to his Great men in France Pope Honorious and Gregory the Ninth Bishop of Hostia succeeded him March 18th About Easter the Arch-Bishop of York the Bishop of Carlile and Philip de Albiney returned from beyond Sea They were sent to the Great men of those Countries which of Antient * That is Normandy and Anjou Britany and Poictou To induce them to return to his Obedience They had before done Homage to the King right belonged to the King of England And were to induce them by large promises to receive King Henry and Acknowledge him their Natural Lord. But the King of France by his Mothers Contrivance made Peace with those Barons and had received their Homages before King Henry 's Messengers came thither so they returned without effecting any thing In May following Richard the [2] f. 337. n. 10. Richard Earl of Cornwall returns into England Hubert de Burgh is made Earl of Kent The King and his Brother Richard Disagree Kings Brother came into England and was joyfully received both by the King and the Great men This year Hubert de Burgh the Justiciary was made Earl of Kent by the King and by Cincture with the Sword of the County In the same year on the 9th of July a great difference arose between King 3 Henry and his Brother Richard Earl of Cornwall upon this occasion King John had given to Waleran Castellan of Berchamsâ—ead a German a Maner that belonged to the Earldom of Cornwall which when Earl Richard understood he seized it until Waleran made out by what right he claimed it As soon as Waleran had notice of it he made his complaint to the King whereupon the King sent to his Brother forthwith upon sight of his Letters to render the Maner to Walran Earl Richard in great hast went to the King and pleaded his right to the aforesaid Maner offering to stand to the Judgment of his Court Magnatum Regni and of the Great men of the Kingdom The King and the Justiciary hearing him name the Great men were highly enraged and commaded him either to yeild the Maner or for ever depart the Kingdom to which Earl Richard replied That he would neither part with the Maner nor leave the Kingdom sine judicio parium suorum without the Judgment [4] Ibid. n. 30 40 50. The Justitiary adviseth the King to secure his Brother of his Peers and forthwith made what hast he could to his own House The Justiciary when he heard his Answer fearing he might Disturb the Peace of the Kingdom advised the King to Secure him and set a Guard upon him The Earl having notice of this Design went immediately to Redding and from thence to * i. e. Marlborough He Confederates with the Great men against the King Merleberg where he met with his Friend and Sworn Confederate William Mareschall to whom he declared what passed between the King and him together they went to the Earl of Chester and gave him an account what had happened from thence they went to Stamford where in a short time according to appointment met with Horse and Arms Ranulph Earl of Chester William Mareschall Richard Earl of Cornwall Gilbert Earl of Glocester William Earl of Warren Henry Earl of Hereford William Earl of Ferrars William Earl of Warwick with many Barons and a great multitude of Armed men They Demand the Charters which were Cancelled may be new Sealed The King gives his Brother satisfaction who entred into a Confederacy to force the King both to satisfie for this injury that was done to his Brother Richard which they imputed to the Iusticiary and to restore those Charters of Liberties lately cancelled at Oxford Sealed with his own Seal Upon this the King appointed them to meet him at Northampton the 3d of August where he gave all his Mothers Ioynture to his Brother Richard the Great men urging it together with all the Lands that belonged to the Earl of Brittain in England which were the Earl of Bologn's lately Deceased so every one departed peaceably and satisfyed In the year 1228. the King [5] Ibid. f. 344. n. 20. The King appoints new Measures of Grain Wine and Ale kept his Christmass at York but soon after came directly to London In his journey he found the Measures of Grain Wine and Ale to be false He commanded some of them to be broken and the rest to be burnt and ordered others of a larger size to be made and the weight of bread to be increased and Commanded the Offenders to be severely fined This year July 9th Dyed [6] f. 350. l. 1 Stephan Langton Dyes The King Refuseth to accept the person the Monks did choose The Suffragan Bishops also refuse him All parties Appeal to the Pope He defers the Confirmation Stephen Langton Arch-Bishop of Canturbury and the Monks of Canturbury obteined leave of the King to choose one of their own Church They having made choice of Walter de Hemesham presented him to the King who refused to accept him both because his Father was hanged being Convicted of Theft and also because in the time of the Interdict he had appeared against his Father King John The Suffragan Bishops of Canturbury refused to accept him because he had corrupted a Nun and had Children by her and also because he ought not to be chosen without them Both sides apply themselves to the Pope One to get the Election confirmed and the Other to hinder it When the Pope saw both parties vigorously prosecuted their Suit by the Advice of his Cardinals he determined nothing but put it off till the Day after Ash-wednesday following In August following the Knights and Soldiers that were in Montgomery Castle [7] Ibid. n. 30 40 50. The Welch disturb the English in making a way through the Woods by the Assistance of the Country people designed to make the way through an adjacent Wood more passable and secure for Travellers and when they were at work in clearing the Thickets the Welch on a sudden came upon them killed some and forced the rest to retire into the Castle and presently besieged it When King Henry had notice of it he and the Justiciary to whom the King had given the Castle came speedily with a small Army and raised the Siege When he had
the accustomed Relief About this time [1] fol. 370. lin 1. The Archbishop of Canturbury goes to Rome to complain of the King and the Justiciary Richard Archbishop of Canturbury arrived at Rome and in the Popes presence made the following complaints viz. That the King was wholly guided by Hubert the Justiciary that the Affairs of the Kingdom were transacted by his advice without consulting his Great Men. That the Justiciary had Married his former Wives Kinswoman and had invaded the Rights of the Church of Canturbury and refused to restore them That the Bishops his Suffragans neglected their Pastoral care and had betaken themselves to Plead Lay-Causes in the Exchequer and gave Judgments in Cases of Blood That Beneficed Clerks and such as were in Holy Orders had many Churches with Care of Souls and according to the examples of Bishops intruded themselves upon Secuâ—â—r business On the other side the Kings Messengers pleaded many things on the Kings and the Justiciaries behalf but to very little purpose The Pope favors him for the Pope had Commanded that the Archbishop should have his business forthwith dispatched according as he desired He dies in his return home But in his return home he dyed at St. Gemma three days journey from Rome the 3 of August and the whole Transaction expired with him In October [2] Ibid. n. 30. The King desired to have Married the King of Scots Sister Is perswaded not to do it the King offered to Marry the King of Scots Sister but the Earls and Barons and especially the Mareschal opposed it alledging it did not become the King to Marry the Younger when his Justiciary had married the Elder Sister At length he was prevailed upon by the Earl of Brittain and the Mareschal to desist After this he gave to the Earl of Brittain 5000 Marks of Silver and so he returned into his own Countrey The Monks of Canturbury having chosen [3] Ibid. n. 40. The Monks of Canturbury choose Ralph Bishop of Chichesher Arch-Bishop The King accepts their choice Ralph de Nevill Bishop of Chichester and Chancellor of England Archbishop presented him to the King on the 19th of September The King accepted their choice and forthwith investâ—d him with the Manors and other Rights belonging to the Archbishoprick Then the Monks desired their Elect to allow them Money for their expences in their journey and at the Court of Rome to procure the Election to be confirmed He replyed He thought it was Simoniacal and upon that account would not consent to allow one Farthing However the Monks proceeded in their journey and petitioned the Pope to confirm their choice But he being before informed of the Person by Simon Langton [4] fol. 371. lin 1. gave them this Answer That he was an illiterate Man and a Courtier and if he were promoted to that Dignity he would concur with the King and Kingdom to shake off the Papal Yoke that King John had put the Kingdom under Upon this the Pope voided the Election The Pope voids the Election and Commanded the Monks to proceed to a new choice of one who would be faithful and devoted to the English and Roman Church A. D. 1232. In the year 1232. King Henry [5] Ibid. f. 372. n. 40. The Kiâ—g calls a Colloquium or Parlement Dâ—mands a general Ayd The Earl of Chester said none was due from the Barons and Knights because they had served the King in person The Laics depart from the Parlement The Clergy because many were absent desire another time to treat about the Ayd kept his Christmass at Winchester and upon the 7th of March He met the Great Men as well Prelates as Laics at Westminster Convenerunt ad Colloquium apud Westmonasterium ad vocationem Regis Magnates Angliae tam Praelati quam Laici to whom the King declared That his late Expedition beyond Sea had involved him in great Debts whereupon he was now forced to require of every one a general Ayd Vnde necessitate compulsus ab omnibus generaliter Auxilium postulavit To whom Ranulph Earl of Chester replyed in the Name of the Great Men That the Earls Barons and Knights which held of him in Capite had personally served him and had been at great expences to no purpose whereby they were reduced to poverty Vnde Regi de jure Auxilium non debebant and therefore of Right they ought no Ayd to the King And then having asked leave all the Laics departed But the Prelates answered the King That many Bishops and Abbats who were summoned were not yet come come thither and therefore desired it might be deferred and a day appointed for all to meet together and consult what ought to be done in that business which was agreed to and the * See September 14 th of this year Fifteenth day after Easter was appointed for their meeting This year [6] fol. 375. n. 10. A. D. 1232. Corn and Money taken from the Italian Clergy and distributed to the Poor many Armed Men of good quality with others of less reputation violently entred into the Barns of the Roman Clergy that were Beneficed in England and carried away and largely distributed their Corn and sometimes Money among the poor There were about Fourscore and sometimes fewer that were the Authors of this presumptuous Attempt But William Witham or Robert * Alias Twenge the chief Author of that Attempt Thinge a Knight was their chief Governor to whom they paid a ready Obedience When these disorders had reached the Popes Ears He sent very severe Letters to the King blaming him for permitting such Rapine to be executed on Clergy-men and Commanding him upon pain of Excommunication and Interdict to make close inquiry after the Authors of this violence and to punish them according to their offence that others might be terrified from committing the like The Pope by his Letters Commissioned [7] Ibid. n. 30. The Pope sends a Commission to inquire of the Transgressors who were to be Excommunicated Peter Bishop of Winchester and the Abbat of St. Edmunds to make an Inquisition in the South of England and in the North the the Archbishop of York the Bishop of Durham and John a Roman and Canon of York to make a strict search and whomsoever they found Transgressors they should Excommunicate them and send them to Rome to be Absolved When the [8] Ibid. n. 40 50. Many are accused and imprisoned Inquisition was executed and Witnesses examined upon Oath a great many were found either actually guilty of the above-mentioned Rapine or consenting to it there were some Bishops and some of the Kings Clerks with some Arch-Deacons and Deans with many Knights and Lay-men many High Sheriffs their Bayliffs and other Ministers were by the Kings Command taken up and committed to prison Hubert de Burgh is accused others through fear fled and could not be found But Hubert de Burgh the Justiciary was accused as
the Castle of Divises under the Custody of four of their Knights and made Lawrence a Clerc of St. Albans Steward of the Lands Granted him who had been a faithful friend and great comfort to him in all his Afflictions The Substance of this Composition or Judgment is to be found upon Record though it doth not well agree with the exact Circumstances of time and the Crimes objected in every Punctilio during this Transaction hitherto The * Append. n. 152. Record says That the Pope wrote to King Henry To correct the Injuries Hubert de Burgh had done to the Roman Chucch and the * See before for this Matter Italian Clercs here in England and That thereupon the King sâ—nt to Arrest his Body and bring him to Answer before him for that very thing Especially Hubert having notice of this fled into a Chappel and those that followed him though they had no order to do it took him out of the Chappel and carried him to London when the King heard of this being Desirous to maintein the liberty of the Church Commanded him to be carried back to the same Chappel in which when he had staid many days he was asked whether he would remain in the Chappel or go out and stand Tryal in the Kings Court concerning the same Injury and others which should there be objected against him by the King and many others who many ways complained of him At length he voluntarily chose to come out and stand to Law yet he begged the Kings Mercy and so went out and the Kings Officers that were there present received him carried him to London and delivered him to the Constable of the Tower The King not satisfied sent Stephan de Segrave then Justiciary John de Lascy Earl of Lincoln Brian de Lisle and others to know whether he was forced or went out voluntarily He answered he went out freely and not for want of Victuals or any other thing and that he was ashamed he had staid there so long Then the King Commanded he should be out of the custody of the Constable of the Tower that he might come freely to his Court and so he came to Cornhul in London upon the Eve of St. Martin and appeared before Richard Earl of Cornwal William Earl Warren Richard Marshal Earl of Pembroke John Earl of Lincoln Stephan Segrave Justiciary Ralph Fitz-Nicholas and others the Kings Tenents or Feudataries there being where when he was accused he would make no defence nor undergo the Sentence of the Court but submitted himself to the Kings pleasure concerning his Body Lands and Goods The King at the instance of the Great Men and the Petition of Hubert and his Friends and Relations and by the permission of those that accused him Respited the Judgment notwithstanding it was drawn up in Court and voluntarily Granted him these Terms That having delivered to the King all the Lands Tenements and Liberties which he held of him in Capite and of King John his Father and all Writings and Instruments that concerned them Then he should have and retain the Lands and Tenements which descended to him from his Antecessors and all the Lands and Tenements he held of others then the King yet so as he should answer to all his other Accusers according to the Custom of the Kingdom and all his Chattels wheresoever they were as well Gold Silver Money or other Goods and his Body to remain at the Castle of Divises in the custody of Richard Earl of Cornwal William Earl Warren Richard Marshalâ— Earl of Pembroke and John Earl of Lincoln until he was delivered by the Commune Council of the King and of all the foresaid Barons his Keepers and of all the Great Men of the Land And if he should by any ways or means Break or endeavour to Break Prison then the Judgment was to take effect and wheresoever or by whomsoever he should be found he was to be used as an Out-law Toward the latter end of this year in December Lewelin * Append. n. 153. Granted and promised to stand to the determination of Ralph Bishop of Chichester and Chancellor Alexander Bishop of Lichfield and Coventry Richard Marshal Earl of Pembroke John de Lascy Earl of Lincoln and Constable of Chester Stephan de Segrave Justiciary of England and Ralph Fitz Nicholas the Kings Steward together with Jolenevet Lewelin's Steward Werrenoc his Brother Iman Vachan and David a Clerc concerning Amends to be made for the excesses on both sides for the restitution of Lands and Possessions and what Money was to be paid for Damages done In the year 1233. King Henry at Christmass [6] fol. 384. n. 20 30 40. A. D. 1233. The English Nobility removed from the Kings Counsels kept his Court at Worcester where by the advice of Peter Bâ—shop of Winchester as it was reported he removed all Bishops Earls Barons and Noblemen from his Council and would trust no one but the aforesaid Bishop and Peter de Rivallis his Kinsman So that the management of all publick Affairs was committed to them The Poictovins and Brittans were now invited into England Poictovins and Brittans called into England The Wardships of the Nobility committed to them The English complain of it in vain and there came over 2000 Knights and Servants whâ— were placed in several Castles in Garrison to whom the easy King committed the Wardships of the Nobility which afterwards much degenerated through the ignoble Marriages with Forreigners And when any Englishman complained of their burthens and oppression to the King they were hindred of remedy through the powerful influence of the Bishop of Winchester When [7] Ibid. n. 50. Richard Earl Marshal speaks boldly to the King Concern in the Poictovins Richard Earl Mareschal saw both the Noble and Ignoble oppressed and the Laws of the Kingdom laid aside He as a lover of Justice with some other Great Men Associatis sibi quibusdam Magnatibus went boldly to the King and told him publickly that by pernicious Counsels he called in Poictovins and Strangers to the great oppression of his Natural Men and violation of their Laws and Liberties Wherefore they humbly supplicated him to correct these disorders in the Government otherwise both He and the rest of the Great Men would withdraw themselves from his Counsels so long as he made use of Forreigners To whom the Bishop of Winchester replyed The Bishop of Winchesters Answer to him That the King might call whatsoever Strangers he pleased for the defence of his Kingdom and Crown and also such and so many as might reduce his proud and rebellious Subjects to due Obedience When the Mareschal and the rest heard this Answer [8] fol. 385. lin 2. they retired from Court promising faithfully to stand by one another in that cause usque ad divisionem corporis anima to the very parting of Body and Soul The last year in Autumn [9] Ibid. n. 40. The Pope voids the Election of John Blund
with such suceess that no one durst withstand him He took the City of Limeric and the Kings Castles as well as those of his Enemies The Irish let him know by certain Templars sent to him That he acted traiterously against his Prince in Ireland as he had done in England and by Geofry Marsh or de Marisco his contrivance was desperately [5] fol. 400. lin 4. wounded in Fight and taken prisoner where after some days continuance he dyed of his wounds [6] fol. 403. n. 10. The King laments his death When the King received the news of his death he much lamented the loss of so great a Soldier affirming he had not left his [7] Ibid. n. 30. He inviteth the proscribed Noblemen to an accommodation equal in the Kingdom The Archbishops and Bishops returned from Lewelin to the King at Glocester and informed him That before any Treaty he desired the Noblemen that were confederated with him might be received into Favor Then the King sent out his [8] Ibid. n. 40. A. D. 1234. Letters to all those that were proscribed to meet at Glocester on the 29th of May to be reconciled unto their King and to be restored to their Inheritances The Archbishop and Bishops promising them safe Conduct [9] Ibid. n. 50. The first that came to the Kings Peace was Hubert de Burgh late Justiciary of England and Earl of Kent whom the King received with Kisses and Embraces [1] fol. 404. n. 10 20. They accept the Offer and are reconciled to the King After him came Gilbert Basset and Richard Sward with many others who were proscribed with them and were all received with the Kiss of Peace and reconciled to the King and had all their Rights and Inheritances restored of which their Reconciliation [2] Append. N. 155. Several of them received into his Council and Restoration he gave Lewelin speedy notice and also at the Intercession of the Archbishop He Granted to Gilbert Brother to Richard Earl Mareschal late deceased all his Inheritance both in England and Ireland and received his Homage And on Whitsunday following at Worcester He Knighted him and gave him the Mareschals Staff of his Court and received Hubert de Burgh Gilbert Basset and Richard Sward into his Councils The Archbishop and Bishops that were sent to Treat with Lewelin made a [3] Ibid. n. 156. A Truce made between the King and Lewelin Prince of Wales Truce for two yeas from the Feast of St. James or 25th of August following upon these conditions That all injuries done on both sides since the last Truce should be referred to those â—at made it That all Lands taken from any one in the late War should be restored That all Men and Tenents that had receded from the Fealty of their Lords and adhered to the contrary party might return again without damage or being questioned for it Of this Truce he gave notice to his Brother Richard Earl of Cornwal and Ralph de Tony that they might be taken into it if they would for their Lands in the Marches At the same meeting the Arch-Bishop produced a Copy [4] 〈◊〉 n. 30 40. of that Treacherous Letter that was sent into Ireland against Richard Earl Mareschal And the King The treacherous design against the Life of Richard Earl Mareschal discovered The King summoned his old Counsellors to give up their Accounts and to stand to the Law before the whole Assembly of the Bishops Earls and Barons protested that through the importunity of the Bishop of Winchester Peter de Rivallis and other Counsellors he consented his Seal should be put to those Letters but assured them upon his Oath he never saw the Tenor of them Then the King summoned the Bishop of Winchester Peter de Rivallis Stephan Segrave and Robert Passelew to appear on the Feast of St. John Baptist to give up their Accounts and to answer to such Crimes as should be objected against them and stand to the Law But being conscious of their own wickedness and not daring to stand a Tryal some took Sanctuary in Cathedral or Conventual Churches and others fled as was believed but hid themselves in the New Temple Then the King [5] fol. 405. n. 10 20 30. Peter de Rivallis severely rebuked and threatened by the King at the request of the Arch-Bishop promised them safe Conduct and appointed the 14th of July for them to appear at Westminster to answer to the Articles against them Peter de Rivallis was the First that appeared in a Clercs Habit and saluted the King sitting upon the Bench with his Justices who as soon as he saw him called him Traytor and accused him for giving him pernicious Counsel and required him to give an account of his Treasuryship the Wardships of young Noblemen and Women and Escheats and other Profits of the Crown and then told him he would commit him to the Tower He said he was a Priest and ought not be imprisoned or be in the custody of Lay-men The King told him he had hitherto behaved himself as a Lay-man and as such he exacted what was committed to him yet said the Arch-Bishop was present and if he would undertake for him he should be delivered to him He was silent and the King sent him to the Tower He is committed to the Tower and seized all his Lay-possessions because under his Clercs Habit he had a Coat of Mayl and a Knights Falchion at his Girdle which did not become a Clerc he remained there only two days and then was taken out by the Arch-Bishop carried to Winchester But taâ—en out by the Arch-Bishop and put into the Cathedral The same [6] Ibid. n. 40. Stephen Segrave called to an Account day appeared Stephan Segrave before the King He called him Traytor and added that it was by his wicked Counsel Hubert Earl of Kent was removed from the Office of Justiciary and imprisoned And that many of the Nobility were proscribed He required him also to give an Account of his Justiciaryship and by the Mediation of the Arch-Bishop and Bishops gave him time till Michaelmass following to prepare for it Hugo de Paâ—eshulle named Justiciary Then the King named Hugo de Pateshulle a Clerc his Justiciary Son of Simon de Pateshulle who had formerly managed that Office with great integrity This year about the Feast of St. John Baptist The [7] fol. 406. lin â— The King sendeth Aid to the Earl of Brittain Truce between the Kings of England and France expiring King Henry sent over to the Earl of Brittain Sixty Knights and 2000 Welch to enable him to strengthen the weak places of his Dominions because the King of France had raised a great Army and had actually besieged one of the Earl of Brittains Castles but was soon defeated by the English Forces Their success against the French The King of France resolves to invade Brittain and many of the French were slain and all their
usage of those which came from Rome which very much abated the Hatred conceived against him and by his endeavors Peter Bishop of Winchester Hubert Earl of Kent Gilbert Basset Stephen Segrave and Richard Sward were reconciled to one another as likewise many others According to the [1] fol. 445. n. 30 40. Act made in the late Assembly of the Great Men at London on St. Hilary's day The Thirtieth part that was granted to the King was to be Collected and secured in some Monasteries or Castles The King guided by Forreigners and his Liberality towards them to be disposed of towards the defraying the necessary expences of the Kingdom but the King bestowed it upon Strangers who carried it out of the Realm and was now wholly Governed again by their Counsels which much moved the Great Men and more especially [2] Ibid. n. 50. Earl Richard represents to him the state of the Realm Richard Earl of Cornwall who went to the King and represented to him the miserable state of his Realm That He had scraped from and spoiled his natural Subjects of their Money and Goods and had inconsiderately bestowed it upon Forreigners Adding that the Archbishoprick and all the Bishoprics of England had been void in his time except that of York Bath and Winchester beside what arose from Abbies Earldoms Baronies Wardships and other Escheats and yet his Treasury never increased Moreover he had lately called in the Popes Legate whereby he had so inslaved himself that He could do nothing in his Realm without his consent and was no longer [ ] fol. 446. lin 4. His principal Counsellors King but a Feudatary of the Pope His principal Counsellors and advisers in these things were John Earl of Lincoln Simon Earl of Leicester and Fryar G. a Templar all of them born within the Kingdom which rendred them the more odious to the Nobility of England Quos idcirco magis habebant Nobiles Angliae exosos Quia de Regno ipso duxerunt Originem Yet Simon Montfort Earl of Leicester and John Lascy Earl of Lincoln were of French and Norman Extraction On the 14th of September the King [4] Ibid. n. 30 40. A D. 1237. A Parlement assembled at York summoned his Great Men to meet him and the Legate at York to Treat upon some great Affairs that concerned the Kingdom Rex scripsit Magnatibus suis ut coram eo Domino Legato in exaltatione S. Crucis apud Eboracum convenirent de arduis negotiis regnum contingentibus tractaturi The King of Scots met him there to make an end of the difference that was depending between them An agreement between King Henry and the King of Scots After much consultation and debate it was agreed That the King of Scots should have Trecentas Libratas terrae a. It was but Two hundred pounds by the year as appears upon Record for Pat. 22. Hen. 3. M. 8. Thomas Muleton and others were appointed to set it out in the Counties oâ— Cumberland and Northumberland and such Lands upon which there was no Castles Dated March 16. 1238. Another Order to John Fitz-Philip and others to set them out Pat. 22. Hen. 3. M. 5. Dated May 29. Another Pat. 25. Hen. 3. M. 11. Dors to Hen. de Nokescn and others Dated Nov. 21. And another to the Bishop of Durham Pat. 26. Hen. 3. M. 9. to set out 200 pounds per annum in the Counties of Northumberland Cumberland and Westmerland according to an agreement made in Writing between the two Kings Dated Feb. 16. But that they were setled at last and that he was in possession of them it appears by Claus 36. Hen. 3. M. 23. Dors Dated Feb. 21. Three hundred pound Lands by the year in England for which he should do Homage to King Henry but should not build any Castles upon it and was to quit all pretences to any farther claim [5] Ibid. n. 40. The Legate signifies his desire to visit Scotland The King of Scots Answer Then the Legate signified to the King of Scots that he would go into Scotland to Treat upon Ecclesiastical Affairs there as in England to whom the King answered That He never remembred a Legate called into his Kingdom and He thanked God there was no need of any now for neither his Father nor any of his Antecessors had suffered any to enter and as long as He was Master of himself He would hinder it and withal advised him to take heed how and when he entred into his Land for he had an ungovernable people whose violence and fury would not be restrained When the Legate heard these things The Legate alters his Thoughts he altered his thoughts of seeing Scotland and kept close to the King of England whom he found very obsequious in all things In the year 1238. King Henry at Christmass kept [6] f. 465. n. 40. A. D. 1238. Simon Montfort Marrys Alienor the King 's Sister his Court at Westminster and on the day after Epiphany Simon Montfort Married Alienor the Kings Sister the Relict of William Mareschal late Earl of Pembroke Soon after the [7] f. 466. n. 20 30 40. The Pope revoketh Otto his Legat in England His own contrivance to continue his stay Pope hearing great disturbances were like to arise in England upon the calling in and continuance of his Legat there He sent his Letters to revoke him but he being very unwilling to part from England where he reaped such advantages prevailed with the King Earl Richard and all the Bishops to certify to the Pope under their Hands and Seals that his continuance here in England would be of great advantage to the King the Church and the Realm When [8] f. 467. n. 10 20 30 40 50. The Nobility Stomached Montfort's Marriage Earl Richard rebuked the King for adhering to the Counsels of Forreigners Earl Richard and the Great Men heard that Simon Montfort had privately Married the Kings Sister Alienor they very much stomached it because it was done without their privity and consent and Earl Richard went to the King and gave him hard words because he still adhered to and was guided by the Counsels of Strangers contrary both to his Promises and Oaths Gilbert Earl Mareschal and all the Earls and Barons of England seconded Earl Richard whom they looked upon to be the Man that should free the Land from Romans and other Strangers No one now stood close to the King but Hubert Earl of Kent When the Legat saw the danger the Kingdom was in He applyed himself to Earl Richard The Legat's advice to Earl Richard rejected and advised him to desist and promised him very large possessions from the King and a confirmation of them to him from the Pope To whom the Earl answered That he had nothing to do with the Estates of Lay-men or their Confirmation and might concern himself with Ecclesiastical Matters But would not have it seem strange to him that he was so
yet he extorted much Money from the Religious Soon after the Legate went towards [6] Ibid. f. 498. n. 20. A. D. 1239. The Legate refused entrance into Scotland Scotland with a guard of English to secure him from any treacherous attempts But before he entred that Kingdom he was met by the King of Scotland who told him That never any Legate had entred there before and there was no occasion for any at this time for Christianity flourished there and the Church was in a prosperous condition But when words began to multiply on both sides and the King ready to prohibit his Entrance At last he is admitted but under conditions through the intercession of the Great Men of England it was agreed under Hand and Seal of the Legate that this should not be drawn into a president This year several [7] f. 525. n. 50. Articles of High Treason drawn up against Hubert Earl of Kent Articles of Treason and high misdemeanors were by the Kings Order drawn up against Hubert Earl of Kent pretended to be committed by him while the management of the Kings Affairs passed through his hands To all which he answered by [8] f. 51â— n. 29. Lawrence a Clerc of St. Albans his close Friend in all his Adversities with such modesty and submission that all that heard him were satisfied with the Earls Innocency although the King and all the Lawyers or rather Serjeants did what they could to make him guilty Licet Rex cum omnibus prolocutoribus Baneâ— He resigned into the Kings hands four of his Castles Quos narratores vulgariter appellamus in contrarium niterentur However the wrath of the King was not appeased until he had resigned into the Kings Hands four of his Castles namely Blanch Grosmund Screnesrith and Hatfield The Articles and the Earls [9] Append. n. 160. Plea to them are to be seen at large in Lib. Additament Paris f. 149. This year the Pope [1] f. 517. n. 50. Robert Brother to the King of France chosen Emperor by the Pope and his Conclave wrote to the King of France to let him know that He had by the advice of his Brethren excommunicated and deposed Frederic the Emperor and had made choice of Earl Robert his Brother to succeed in the Empire and promised not only his own but also the assistance of the Vniversal Church to establish him in the possession of the Imperial Crown To which the King of France answered That he knew not [2] Ibid. f. 518. lin 4. The King of France refused to be ingaged in the Affair by what Authority so Great a Prince was deposed nor was satisfied that the crimes objected against him were ever proved and if they were it ought to be done by the Act of a General Council and not by the Pope who was his Capital Enemy nor had he found so much Religion in the Pope as in him and therefore would not be ingaged in so dangerous an Affair In the year 1240. A. D. 1240.3 f. 523. n. 30. King Henry kept his Christmass at Winchester where he Knighted Baldwin de Ripariis that is Rivers and then made him Earl of Wight and Married him to the Daughter-in-law of his Brother Richard Earl of Cornwal In the Octaves of Epiphany or 13th of January [4] Ibid. n. 50. The Bishops complaint before the King of injuries offered to the Church the Arch-Bishops and Bishops with many Great Men Cum multis aliis Magnatibus met at London the Legate being present where before the King in his own Court they made grievous Complaints of the Injuries Oppressions and Desolations that were brought upon the Church by his means contrary to his Charters and Oath in keeping many Churches void for a long time and taking the Profits of them and for hindring Canonical Elections And about 30 Chapters The Chapters second the Bishops 30 Circiter Capitulae seconded the Bishops in their complaints against the King and at length they proceeded to Excommunicate all those Counsellors of the Kings who had inclined his Mind to such Enormities At this time the King received Letters by Messengers from [5] f. 524. n. 20. The Emperors complaint against the King the Emperor wherein he complained that he had forgotten he had Married his Sister when he suffered the Popes Sentence of Excommunication against him to be published in his Realm and had inconsiderately called in and continued in his Kingdom the Popes Legate and Coadjutor in these practices against him Wherefore he desired he might be thrust out of England as an Enemy and pillager of his Subjects to whom the King most shamefully answered The Kings Answer That he ought to obey the Pope and his Ecclesiastical Commands because he was His Tributary and Feudatary [6] Ibid. n. 30. He adviseth the Legate to depart his Kingdom The Legates reply However after some consultation with himself he advised the Legate to leave his Kingdom lest by his stay here he should incense the Emperor He replyed that he had called him into his Kingdom and therefore required safe conduct for his return but in the mean while he was not idle in collecting and [7] Append. 161. forcing the Clergy to pay Procurations Moreover hearing as he said that some that had undertaken the Croysado and were unable to fight went to Rome for Absolution from their Vow by his Letters he invited all such that were desirous of [8] Append. n. 162. His policy and contrivance to get Money Absolution and willing to spare their labour and expences to come to him and upon the payment of a sum of Money they should be Absolved from their Oath for that he had received the Popes Command that he ought not barely to Absolve them but also to compel them to redeem their Vow That is to compound for their Absolution In April following Simon [9] Ibid. n. 20. Montfort kindly received by the King and Court Montfort Earl of Leicester returned again into England and was very kindly received by the King and Court but designed to make no stay here but only to furnish himself with Money from his Tenents and other necessaries for his journey to the Holy Land At the same time there arose such a difference between the Scholars and Citizens of Oxford that many of them removed from thence and came and settled at Cambridge [1] Ibid. A great difference between the Scholars and Townsmen of Oxford where the Scholars obteined certain Liberties from the King against the Townsmen and had his Grant or Charter of them About this time also the King [2] Ibid. n. 40. Allegiance sworn to Prince Edward caused the Citizens of London and the Wardens of the Cinque Ports to Swear Allegiance to Prince Edward his first Born On Tuesday before the [3] Append. n. 163. A. D. 1240. David Prince of Wales offers Homage to King Henry for that Principality Feast of St. Dunstan
Sea to do and receive Justice according to the form of Peace between the King and him his Procurators or Commissioners appeared with full power to do what was desired Ralph Mortimer Roger Steward of Chester and Griffin for themselves and other Marchers appeared and desired Justice might presently be done according to the proof of Witnesses at Shrewsbury before Stephen de Segrave New Arbitrators chosen between the King and Prince David and his fellow-Judges who were there instead of the King After two days wrangling instead of Otto the Legat the Bishops of Worcester and Norwich the Bishop of Coventry John Fitz-Geofry Herebert Fitz-Mathew and Walter de Clifford were appointed Arbitrators And a day was appointed a Moneth after Whitsunday at Maneford Bridge beyond Shrewsbury to hear what could any ways be proved concerning the injuries done on either side and on that day another day was appointed for Judgment to be given by the Arbitrators according to the proof before them Not long after this the King was informed That [4] Append. n. 1â—6 The King had notice of a Confederacy against him by Prince David David contrary to his Oath given unto him had confederated with and drawn off the Brothers of Griffin Son of Madoch and certain of the Kings Men in Kers who had done Homage to him from their Service and Fealty and had received them into his Countrey and that he intended to commit Burnings and Slaughters in the Lands of Ralph Mortimer and other his Feudataries That he had â—y force seized the Lands of O. Vaghan and his Nephews against Justice which were adjudged to them in his Court That he had caused a Ship of Chester to be stayed in his Countrey laden with Wheat and other Victuals making no satisfaction to such as ought the Goods That when he sent his Commissioners to Shrewsbury in contempt of the King he neither came nor sent any Procurators to meet them The King writes to him concerning them Whereupon he wrote to him on the 14th of July that he should not omit to let him Know before the First of August what satisfaction he would give for these Injuries Before the 15th of that Moneth [5] Append. n. 167. Senana the Wife of his Brother Griffin came and complained to the King That David had imprisoned her Husband with his Son Owen and in the name of her Husband offered the King 600 Marks to cause her Husband and Son to be released out of prison so as he might stand to the Judgment of his Court whether he ought to be kept in prison and that the King afterwards would by the Judgment of his Court according to the Law of Wales cause him to have that part of his Fathers Inheritance which he ought to have which David by force with-held from him And Senana undertook that her Husband and his Heirs should pay to the King and his Heirs for ever 300 Marks a year a Third part in Money a Third part in Oxen and Cowes and a Third part in Horses at Shrewsbury to the Sherif of Shropshire She undertook further for her Husband That if at any time any Welch-man rebelled against the King or his Heirs he would at his own cost compel him to give satisfaction and for the performance of all this in the name of he Husband Griffin gave to the King as Pledges Ralph Mortimer Walter de Clifford Roger de Monte-alto Steward of Chester Mailgun Son of Mailgun Mereduc Son of Robert Griffin Son of Maddok de Baunfeld Howel and Mereduc his Brothers Griffin Son of * He was Lord of Powis Wennuwen who all undertook for Senana and gave the King their [6] Append. n. 168. Charts That what she propounded should be performed And all the Noblemen of Wales that favoured Griffin swore Fealty to King Henry and gave him their [7] Append. n. 169. Charts That they would faithfully serve him with all their force and power all days of their life when ever he wanted their assistance and that they would observe the Truce between them and Ralph Mortimer And for the observation of these things they put themselves under the Jurisdiction of the Bishop of Hereford or Bishop of Coventry which the King should choose to Excommunicate them and all theirs and Interdict their Lands if they did any thing contrary to this Agreement which was Signed August the 16 th On the 29th of the same Month Prince David Sealed his [8] Append. n. 170. Charter of Submission to the King First That he would deliver his Brother Griffin or Gruffith and his Son to him Secondly That he would stand to the Judgment of the Kings Court whether Griffin ought to be prisoner or not and also for the Portion of his Fathers Inheritance which he claimed according to the Custom of Wales and should hold that Land of the King in Capite Thirdly That he should restore to Roger de Monte-Alto Steward of Chester his Land of Montalt or as it is commonly called Mauthaut or Mould with its Appurtenances Fourthly That he should restore to other Barons all such Lands Lordships and Castles as had been taken from them since the beginning of the Wars between King John and his Father Lewelin Prince of Wales Fifthly That he would defray all the charges of King Henry in the last Expedition against him Sixthly That he would make satisfaction for all the Injuries done by him or his unto the King or his People That he would restore unto him all the Homages which King John had or that he ought to have especially of the Noblemen of Wales Seventhly The Land of Ellesmer with the Appurtenances was to remain to the King for ever Eighthly That he should not receive any of the Kings Subjects within his Countrey of Wales that were Outlawed or Banished Ninthly And that for the performance of this he would give Pleges and Security according to the Kings Will and Pleasure and would do all his Commands and stand to the Law in his Court. After this on the 31 of August [9] Append. n. 171. he made his Chart to the King freely and willingly That he and his Heirs should faithfully serve the King and his Heirs and assist him all days of their lives and if at any time they should act contrary to that ingagement then all his Lands or Countrey should be forfeited to him and He and his Heirs should injoy them for ever And for the greater Declaration of this Matter he caused the Bishops of Bangor and St. Asaph to put their Seals to this Chart. This year [7] fol. 570. n. 40. Tinn-Mines first discovered in Germany Tinn-Mines were first discovered in Germany and by reason of the Purity and Quantity of that Tinn the price of that Mettal was much lessened here for before that time none had ever been heard of but in England About this time [8] fol. 57â— n. 40. Walter at first is refused but afterward is restored to the Earldom and
Mareschalcy of his Brother Walter Mareschal Brother to to Gilbert late deceased applyed himself to the King for his Office and Inheritance But the King in great rage and fury denyed him both urging against him the Treasons and disobedience of his Brothers and his own undutifulness [9] fol. 573. n. 10. A. D. 1241 But at length through the intercessions of the Queen the Bishop of Durham and some other Noblemen He was prevailed with on the Sunday before All-Saints to restore him to the Honors Office and Estate of his Brother and to invest him with his Earldom and Marescalcie reserving only to himself two Castles in Wales Kaermarden and Cardigan which he Garrisoned to secure his new Acquisitions there This year [1] fol. 574. n. 10. and fol. 573. n. 50. Pope Gregory's death His Collectors were too nimble for King Henry August the 22. dyed Pope Gregory and the Emperor dispatched a Messenger to give King Henry speedy notice of it that he might seize the Money the Popes Collectors in England had gathered for his use but they were too quick for him and escaped into France with all their prey but were met with by the Emperors Servants taken and imprisoned and all their Money and Treasure paid into the Imperial Exchequer About the same time dyed [2] f. 574. n. 40. A. D. 1241. Alienor the Daughter of Geofry Earl of Britany having been kept in prison many years by whose death without Issue King Henry had a direct Title to the Crown which he had not before In the year 1242. A. D. 1242. King Henry at [3] fol. 578. n. 50. Peter of Savoy resigns up all his Castles into the Kings hands But is forced to be Governor of Dover Castle Christmass held his Court at Westminster where Peter of Savoy Earl of Richmond resigned up into the Kings Hands all those Castles that were committed to his custody lest his sudden advancement should displease the Great Men of England and then designed to return into his own Countrey but before he had taken Ship he was remanded by the King and was constreined to be Governor of Dover Castle This year the [4] fol. 579. n. 10 20 30. The Earl of March refuses to do Homage to the Earl of Poictou Earl of March refused to do Homage to Alphonsus Earl of Poictou the King of France his Brother and applyed himself to the King of England for Protection perswading him that by the help of the Poictovins and Gascoignians King of Arragon and Earl of Tholouse he might easily recover those lost Dominions The King giving credit to these fair pretences [5] Ibid. n. 40. King Henry is ingaged in the quarrrel and calls a Parliament at London Scripsit omnibus suis Magnatibus Angliae Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus districtè praecipiens ut omnes generaliter Londinum die Martis proxiâ— ante Pâ—rificationem B. Virginis convenirent de Arduis negotiis dilationem non capientibus cum summâ deliberatione tractaturi Wrote to all his Great Men of England Arch-Bishops Bishops Abbats Priors Earls and Barons streightly Commanding them That they should all meet at London on Tuesday before Candlemass-day to Treat with great Deliberation of such difficult Matters as would not bear any delay The day after [6] Ibid. n. 50. Earl Richard returns into England Epiphany Richard Earl of Cornwal the Kings Brother Landed at Dover and was received by the King Quen and Nobility with all demonstration of Affection and Joy together with variety of presents Soon after his return to Court the Poictovins endeavoured what they could to incline him to a War with France for the recovery of Poictou and had confirmed the King in his resolution to Attempt it At the day appointed the [7] fol. 580. n. â—0 20 30 40 50. The Parliament are against the Kings engaging in a War with France Nobility of all England as well Prelates as Earls and Barons met at London according to their Summons Totius Angliae Nobilitas tam Praelatorum quam Comitum ac Baronum secundum Regium praeceptum est Londini congregata When they were assembled and understood that the Earl of March had moved the King to undertake a War against France they resolved to oppose both him and the Poictovins who advised it adding That they had been Taxed and Pillaged as the meanest of Slaves and what had been thus extorted was unprofitably spent and therefore would not consent any more Money should be granted to be so vainly wasted and consumed The King's contrivance to gain their conâ—ent ineffectual When the King saw he could not prevail with the whole he would try what he could do with them severally and sent for them one by one urging that such an one had promised so much and another the like but this stratagem only took with a few and proved ineffectual as to the Majority Then he attempted those Great Men that were his Favorites and Domestics urging that they were Military men and ought to be very desirous to have the antient Rights of the Kingdom recovered and to have injuries repressed by force of Arms therefore he wondred with what confidence they could oppose and desert him when he had promised and sworn to prosecute what he had undertaken They answered that great sums of Money had been granted already and the Profits of the Crown had been extraordinary and all this Treasure was wasted and spent and the Kingdom nothing advantaged by it [8] fol. 581. lin 1. Reasons against undertaking the War at that juncture Moreover they very much wondred he should undertake so hazardous a War without ever consulting his natural Subjects and that the Truce between him and France was not yet expired which they had both sworn inviolably to observe Besides those Great Men that advised him to this War were the King of France his Subjects and he could expect but little faith from such who had proved Traytors to their natural Prince Adding the unsuccessful Attempts that many of his Predecessors had made in this nature [9] Ibid. n. 10. The King resolved to persue the War When the King heard their Answer he was much moved and in great passion swore That their words should neither affright nor hinder him from prosecuting what he had designed but that after Easter he would pass over Sea and try the fortune of War and so the Parliament was Dissolved Paris inconsistent with himself in this matter This is the Monks own account of this Colloquium or Parlement wherein he mentions much ill and harsh Language which was given unto the King by the Great Men Face to Face But in the Relation that immediately [1] Ibid. n. 20 30 40 50. A different Account of this Conference folloâ—s this which he says was Written as a perpetual Memorial of the Baronâ— Answer to the King it appears they never spake or had Conference with the King
France and submitted himself to his Mercy and Protection to whom the King replyed [4] fol. 594. n. 20. He is kindly received by the King of France That He only had behaved himself faithfully to his King and therefore received the Castle and himself very kindly and having first taken his Oath of Fealty he restored it to him again William de [5] fol. 411 412 413 414. William de Nangis his relation of this story Nangis in the Life of King Lewis in this year and in the relation of this Story in some things is more particular in some things less than Paris in the main of the Story they agree The French Historian saith The Earl of March sent his eldest Son Hugh who made peace with the King of France upon these Terms That such Lands as the King of France had taken from his Father should remain to the Earl of Poictou the King of France his Brother and his Heirs That concerning the Rest of Land the Earl of March and his Wife with their Children were to stand to the Pleasure and Courtesie of the King of France and for the security of the King of France the Earl was to deliver his three strong Castles Mâ—lpinum Merpin Crosanum his Castle upon the River Crosa or Creuse and Castrum Aâ—hardi Castle-Achard which presently received his Garisons and most of the Barons and Great Men of Poictou did Homage to the King of France The day after [6] Paris fol. â—94 n. 30. Midsummer Queen Alienor was brought to bed of a Daughter at Burdeaux Queen Alienor brought to Bed of a Daughter at Burdeaux A Truce between England and France for five years which was named Beatrix In the mean time the King of France purposed to persue the King of England to Blay and from thence to Burdeaux if he fled thither But want of Victuals and Forrage and the Pestilence which raged in his Army together with his own illness made him alter those measures he had before resolved upon and instead of fighting he made a Truce with the King of England for [7] Nangis de Gestis Lud. ix f. 414. n. 40 five years and then returned into France by Xaints and in a short time recovered his health This year the King of England required [8] Paris fol. 595. n. 30. and fol. 597. n. 20. Three Marks upon every Knights Fee Several Great Men desire leave to return into England Scutage to be paid him throughout all England of every Knights Fee three Marks or as others but Twenty Shillings About Michaelmass Earl Bigod Roger Earl of Winchester and many other Great Men came to the King and desired leave to return into England which was granted [9] Ibid. n. 50. The King's unkindness to William de Ros. Earl Richard represents his hard usage to the King At the same time the King Treated William de Ros very unkindly who after he had spent his Money in the Kings Service and not having wherewithal to maintain himself had his Lands seized without judgment of his Peers When Earl Richard perceived how hardly he was dealt withal He went to the King and blamed him for it but the King received him with great Passion and Threats Earl Richard made no return but when he saw the King continued resolute and would not be guided by his advice [1] fol. 596. n. 10. He William Earl Mareschal the Earl of Hereford and many other Great Men left the King at Burdeux with his Queen and took Ship and came over into England In October King Henry [2] Ibid. n. 20 30 40. A. D. 1242. The King writes to the Arch-Bishop of York to send him Provisions sent to the Archbishop of York to whom he had committed the Government of the Kingdom in his absence Commanding him to take the Grain of the Archbishopric of Canturbury and all other Bishoprics that were void with Bacon Salt and other winter Provision together with Cloth to make Garments and without delay to send them to him at Burdeux * He sent 10000 Quarters of Wheat 5000 Quarters of Oats and as many Bacons And to enter upon their Estates who left his Service The â—ing trusteth to Forreign Counsels and is deceived by them which was done according to his desire Moreover he Commanded the Arch-Bishop that he should seize and confiscate the Estates of those that withdrew themselves from his Service but the Arch-bishop prudently declined to execute his Command because necessity forced them to retire and also they that continued with the King at Burdeux namely Simon Earl of Leicester William Earl of Salisbury and some other Noblemen contracted such great Debts that they were reduced to penury The King likewise gave himself wholly up to softness and unprofitable expence of Money and was now altogether guided by the Counsels of the King of Arragon and Earl of Tholouse who never stood by him at any time when necessity pressed him but was ever deluded and defrauded by them the Poictovins and Gascoignians [3] fol. 597. n. â—0 so that notwithstanding he had so many supplies of Money and Provision and Cloaths for his Soldiers yet he was [4] Ibid. n. 30 40 50. He desires one â—ears profit of the Cistercians Wooll their Answer to the King's desire reduced to so great and urgent necessities that He again wrote to the Arch-Bishop of York to desire of the Cistercian Order One years profit of all their Wool from which they endeavoured by plausible pretences to excuse themselves but when pressed by the Arch-Bishop to a complyance with the King's desires who always was ready to succor their necessities One of the Abbats of that Order answered That the King was sworn to do Justice and they never desired any thing of him in special which he was not obliged to do for them in general If [5] fol. 598. lin 3. he would give them any thing for the Health of his Soul or of his Ancestors Souls or the state of his Kingdom they were ready to receive it An. D. 1243. In the Year 1243. King [6] fol. 598. n. 10. Henry remained all Winter at Burdeaux from whence in the beginning of March following he again [7] Ibid. n. 40 50. The King sends to the Arch-Bishop for a supply of Provision of Victuals and Money wrote to the Arch Bishop of York to send him Provision and Money complaining he had â—eceived neither since the Abbat of Evesham came to him This amazed the Arch-bishop who had so lately sent such large supplies of both from hence he conjectured the Sea had devoured it Wherefore he made further Provision both of Victuals and Money and designed to send it unto him but the [8] Ibid. n. 50. The Wardens of the Cinquâ— Ports refuse to carry it Wardens of the Cinque-ports refused to undertake it unless he would provide a Convoy of ships sufficient to protect them against the Pyracies of the Earl of
Brittain and his Calesians who had already thrice set upon them and spoiled them to their irreparable loss and damage both of Men Ships and Goods When the Archbishop heard their Answer He signified the same to the King and desired [9] fol. 599. n. 10. him to hasten his return into England On St. Gregories Day March 12th the 1 Fol. 600. n. 10. The Truce between England and France confirmed Five years Truce between the King of England and France were confirmed and by Agreement the King of France was to retain what he had got by the Sword and what the King of England had acquired by the help of the Gascoins was to be Restored to him About this time 2 Ibid. n. 40 50. The Kings passage into England delayed by many Accidents He commit's the Government of Gascoigny to Nicholas de Molis the King wrote to the Arch-bishop to provide such as might secure his passage into England commanding all the Great men to be in a readiness at Portsmouth to receive him at his Landing but by many accidents his passage was delayed the Queen was scarce recovered from her Childbed the Citisens of Burdeaux and all the Gasconians were unwilling to part with so profitable a Guest who was so generous in his distributions and after he was shipped he was forced to return again to Burdeaux to quiet the Tumults that arose among the Gascoinians whereby the Archbishop and Great men of England were wearied out with long attendance At length after he had settled Gascoigny and committed the Government of that Country to Nicholas de Molis he again took Ship and landed at Portsmouth on the 25 of September and was received at [3] fol. 604. n. 20 30. The King received by his Subjects with the greatest instances of Gratitude and Joy Winchester by almost all the Nobility with all demonstration of Joy and thanks and by the Citisens of London with variety of Inestimable Gifts and by the Clergy with a Pompous and Sumptuous Procession on the 13th of October following This Year on the Nativity of St. John Baptist Innocent the 4th was chosen Pope after One Year and Nine Moneths vacancy This Year the Jews [4] fol. 605. n. 50. The Jews forced to pay great Sums of money to the King The Religious made him great presents were forced to pay to the King great Sums of Money the Abbats also and Priors presented him with great Gifts which if they did not in value answer his expectation He rejected them and required others of more value On the first of November [5] fol. 606. n. 40. Beatrix Countess of Provence the Queens Mother came into England and brought with her her Daughter Cincia who was soon after Marryed [6] Ibid. n. 40. Earl Richard married to Cincia Daughter to Beatrix Countess of Provence to Earl Richard at Westminster on Saint Clements-Day the 23d of that Month and _____ th Weding was celebrated with great Pomp and Feasting there being no less than 30000 Dishes provided for one Dinner Triginta Millia Ferculorum prandentibus parabantur In the Year 1244. King Henry at [7] fol. 613. n. 30. The King and Court treated by Earl Richard at Wallingford Christmass was entertained at Wallingford by his Brother Earl Richard and nobly treated as likewise were most of the Nobility of the Nation his Wife Câ—ncia was there with Beatrix her Mother who soon after took her solemn [8] Ibid. n. 40. leave of the King and Court took Ship at Dover and passed into her own Country About this Time the Pope sent Master [9] Ibid. n. 50. Innocent the 4th Martin the Pope's Legate sent into England with an Exorbitant power He Exercise's it accordingly Martin his Legat into England with power to Excommunicate and Suspend whomsoever he should find refractory to his Commands by which Authority He suspended several Praelates until they should make such a provision for the Popes Clerks and Kinsmen as he desired who thought any Revenue under 30 Marks by the Year not worth his receiving lest he seem to be a Collector of Triffles Ne quisquilias colligere videretur Moreover he directed his Letters to several Abbats and Priors strictly injoyning them to send him such Horses as were fit for the Popes special Clerk and if they refused or made any Excuse though never so reasonable they were forthwith suspended as the Abbat of Malmsbury and Prior of Merton were until they should make full satisfaction and when any Prebendaries of Churches became void He presently seized them and by Virtue of the Popes Authority disposed of them as he pleased and gave one of the rich Praebendaries of Salisbury to a little Boy that was his Nephew against the Will of the Bishop and the whole Chapter Near the beginning of this Year the King of France [1] fol. 614. n. 50. The King of France his Offer to his Subjâ—cts that had Estates in England and France The King of England would not consent to it assembled at Paris all such of his Subjects that had possessions in England and declared to them That He thought they could not serve faithfully two different Lords at the same time and then gave them their Choice to whom they would adhere and after that to relinquish their possessions and Lands in the other Princes Dominions Upon this some kept their Estates in France and left those in England others kept their Estates in England and left those in France When this was known to the King of England He commanded the Normans Estates in his Realm to be forthwith Seized and would not give them their Liberty of Choice as the King of France had done this was by the French looked upon to be a breach of the Truce But their King was not so well recovered or at leisure to prosecute the violation by a new War but endeavoured to appease and repress the querulous Invectives His Norman Subjects made against the King of England In February King Henry received [2] fol. 616. n. 50. Several new Counsellers made Sir Paulinus Piper Steward of his Household and John Mansell Chancellor of St. Pauls into his Council and Master Lawrence of St. Martins was made Praesident of his Council and his Procurator in all Ecclesiastical Affairs [3] fol. 617. n. 20. The Unfortunate End of Griffin Prince Leolins Son About the same time Griffin Son of Leolin Prince of North Wales Prisoner in the Tower of London endeavoured to make his escape out of Prison by a Rope fastened to the Top of the Tower but being a Man of great bulk and weighty the Rope brake in his descent and he perished by that fall which happened on the 1st of March A. D. 1244. This Year notwithstanding their Oaths Engagements and Charts the Welch men and their Prince had made to King Henry [4] fol. 638. n. 10. The Welch revolt from King Henry they Revolted from his Obedience and made War
upon him and his Marchers who were opposed by the Earl of Clare the Earl of Hereford John de Monmouth Roger de Monthault and other potent Marchers by the Kings Command they came to such an Engagement as in those Days was called a Battel in which there fell an hundred on both sides The King on Barnaby Day or the Eleventh of June was at St. Albans 5 Ibid. n. 20. The King of Scots denies to hold any part of his Kingdom of the King of England when he heard this news of the Welch at which time likewise the King of Scots let him know That he neither did would or ought to hold the least Particle of the Kingdom of Scotland of him This year saith Paris the King [6] Ibid. fol. 639. n. 20 30. Summoned the great men of the whole Kingdom the Arch Bishops Bishops Abbats Priors Earls and Barons to meet at Westminster and with his own mouth asked a pecuniary Aid privately intending to reduce the King of Scots The King Summons a great Council or Colloqiuum Desires an Aid but openly pretending that the year be-before he had by their Advice passed into Gascoigny and upon that undertaking contracted great Debts from which he desired them to relieve him The Barons Answered they would treat about his Proposal The Arch-Bishops Bishops Abbats and Priors Treated apart by themselves The Clergy treat by themselves and after that they asked the Earls and Barons to consent to what they had resolved upon in Giving the King an Answer and what they would do upon his Demands They answered That without the Common Vniversity they would do nothing and then by Common assent there were Elected on behalf of the Clergy Ex parte Cleri Boniface Elect of Canterbury The Bishops of Winchester Lincoln and Worcester On behalf of the Laity ex parte Laicorum Earl Richard the Kings Brother Earl Bigot the Earl of Leicester Twelve chosen to treat for the whole Community Simon Monfort and the Earl Marshal On Behalf of the Barons ex parte Baronum Richard de Muntâ—ichet John de Baliol and the Abbats of Ramsey and Bury and what these Twelve should do was to be communicated to the whole That nothing might be offered to the King with Common assent And because the 7 Ibid. n. 40. Their Complaints Charter of Liberties which the King had Granted some time since for the Observation whereof Edmund Archbishop of Canturbury had sworn and undertaken was not Kept nor were the Aids so often given used to the advantage of the King and Kingdom and by the Defect of the Chancelor Writs were Granted and Issued contrary to Justice It was Desired That such a Justiciary and such a Chancelor might be made as would fix the state of the Kingdom upon its old Basis per quos status Regni solidaretur ut solebat And lest the King should seem to do any thing new by Compulsion of the Council he would not Grant the Petition of the great Men but promised to amend what he had heard from them Whereupon the meeting was adjourned until three Weeks after the * Maâ— Paris hath jumbled things so strangely together this year that is not possible to make his History and Chronology meet Purification of the Virgin That is the 2d of February That if in the mean time the King on his own accord should Choose such Counsellors How the Government of the Kingdom was to be managed and so Manage the Rights or Laws of the Kingdom as to satisfie the Great men then they might give him an Aid yet so as it should be Expended for the Benefit of the Kingdom by Advice of the Twelve When the King saw he could do nothing with them all together he [8] Ibid. n. 50 f. 640. line 1. The Clergy required by the Pope to give the King Money tryed the Clergy apart what they would do upon the Popes Letter in which he Required admonished and exhorted them to give the King a liberal assistance in Money Their Answer was They were Engaged and could do nothing without the Common Consent of the Great men This great Council had contrived a new [9] Ibid. f. 641. n. 10 20. A new Government projected Government which they intended to have offered to and put upon the King if they could To wit That Four of the most potent and discreet men of the Kingdom should be chosen by Common assent and sworn of the Kings Council who should transact all the affairs of King and Kingdom and should do Justice to all without acception of Persons These should follow the King and Two of them at least were always to be present with him that they might hear the Complaints of and relieve Sufferers The Kings Treasury was to be managed by them and all Aids were to be expended as they thought it most to the advantage of King and Kingdom They were to be Conversators of the Liberties and as they were chosen by Common assent so they were not to be removed out of their Office but by Common assent when one Dyed another was to be Chosen by the three Survivors Without their Consent the great Council was not to meet But if they should think it necessary or Expedient it was to be convened when they pleased This project did not then take Effect because the [1] Ibid. n. 30. f. 642. n. 10. The Popes Legate demandeth Mony of the Clergy Counsels of the Clergy were distracted by the Popes Legate Martin who came with his Letters to Require a great Sum of Money of them for to pay the Debt that had been contracted by his Predecessor Pope Gregory in the War for the Catholick Faith Ecclesiastical Liberty and the Patrimony of the Church * Ibid. f. 645. n. 30. and suspended all Men from presenting to Benefices which were of Thirty Marks Annual value and upwards The great Men and Prelates [2] f. 643. line 8. The Kings promise to the Great men Met at London according to the Time of Adjournment three Weeks after Candlemass day to Treat about the Demands of an Aid where he again Renewed them and promised intirely to keep the Charter of Liberties which he had Sworn to at his Coronation and gave [3] Ib. n. 10. Twenty shillings of Every Knights Fee granted to the King the Bâ—shops leave in their Respective Dioceses to Excommunicate himself and all others that should act Contrary to it in any Article Yet for all this he could only obtain Twenty shillings of every Knights fee to Marry his Eldest Daughter of all those which held of the King [4] Ibid. n. 20. in Capite half to be paid at Easter and the other half at Michaelmass The Controversie between the two Kings of England and Scotland came to such an height A. D. 1244. That King Henry [5] Ibid. f. 645. n. 40 50. cl 28. Hen. 3. m. 8. Dors. Summoned every Baron of England as
well Bishops and Abbbats as lay-Barons which held of him in Capite Quilibet Baro tenens ex Rege in Capite to have all their Service ready at Newcastle upon Tine to force the King of Scots to give satisfaction unless he would hear their Advice where they appeared accordingly Congregata igitur Vniversitate totius Anglâ—ae Nobilium apud Memoratum Castrum About the Assumption of the Virgin that is the 15th of August they had a serious Treaty about this Weighty Affair Where by the means of Earl Richard and other great Men there was a Peace made upon these Terms [6] Append. n. 171. Articles of the Peace between the Kings of England and Scotland That the King of Scots and his Heirs should keep Perpetual Faith and Friendship toward King Henry and his Heirs That he should not League with the Kings Enemies That the Peace should stand Good that was made in the presence of Otto the Popes Legat and the Agreement concerning a Contract of Marriage to be had between the King of Scots Son and the King of Englands Daughter The [7] f. 647. n. 30.40 The Welch spoil the Borders Welch at this time made great Slaughters Devastation and burnings upon the Borders of which the King having notice he sent Herebert Fitz Matthew with Three hundred Horse to subdue them Disbanding the rest of his Army and going to London himself The Welch took Courage upon this Discharging the Army They rout those that were sent to repress them and had routed and destroyed the forces of the Earl of Hereford and Ralph de Mortemer before Herebert got up to them and when he attacqued them the Day after they put him to flight On the Morrow of all Souls November 3d the [8] f. 650. n. 50. The Great men deny the King an Ayd against the Welch Prince David offered to hold his Kingdom of the Pope great Men of England met of whom the King required an Ayd against the Welch which they denied him David Prince of North-wales intending to cast off the Yoak of his Subjection to the King of England sent to the Pope and offered his Country to him so as he would defend it against him and that David and his Heirs might hold it of him Paying yearly 500 Marks for a great Sum of Money obtain'd the Popes â—ll directed to the Abbats of Aberconwey Kemere by which he Constituted them his Inquisitors whether Prince David by force and fear was compelled to subject himself and swear Fealty to the King of England and if they found it to be so to Dispence with release and make Null and voyd his Oath and Engagements and by Virtue of this Bull they [9] Append. n. 172. summoned the King to appear before them on the Vigil or Eve of St. Agnes January 21 at Keyrus in Wales to answer Prince David concerning the Contents of the Bull. This inraged the King and also the Great Men so as they urged him to March against David without Delay On the [1] Paris f. 654. n. 50. The Welch overthrown first Sunday in Lent the Constable of the Castle of Montgomery with such forces as he had with him by stratagem overcame the Welch and killed above 300 of them David to make good this loss besieged the Castle of [2] f. 255. n. 30. David besieged and took Monthalt Castle Monthalt and took it by assault and killed most he found in it but missed of Roger de Monte-alto the Proprietor of it whom he thought to have found there About [3] f. 658. n. 50. The yearly revenue of the Roman and Italian Clergy in England Whitsunday the King caused diligent Inquiry to be made in Every County whose Revenues the Romans and Italians were possessed of in England [4] f. 659. line 4. by Gift of the Court of Rome and they were found to be 60000 Marks by the year The Consideration of which great Sum moved the King both to Admiration and Anger and the Vniversity of the Kingdom composed an Elegant [4] f. 659. lin 4. Epistle in which they set forth the Execrable Papal Extortions The English Complaint at the Council of Lyons and by whom made and the Exactions of the Legats in qua Extortiones Papales Execrabiles c. And sent it to the Council of Lyons by Earl Roger Bigod John Fitz-Geofrey William de Cantelupe Philip Basseâ— Ralph Fitz-Nicholas and Master William Poweric a Clerc in the Name of the whole Vniversity who were to declare the importable Burthens of the Kingdom by reason of the Popes Exaction of Tribute to which the Vniversity thereof never consented and to seek for Redress On the 30 th of [5] f. 659. n. 10 20. Fulke Fitz-warrin sent to Martin the Pope's Legat. June the Vniversity of Military Men that intended a Torneament which was prohibited by the King met at Luton and Dunstable in Bedfordshire sent Fulk Fitz Warin to the New Temple at London to Mr. Martin the Popes Clerc and Instrument of his great Exactions when he came to him he looked upon him with a stern Countenance He treateth the Legat roughly and bad him be gone out of England immediately Who commands me to do this said Mr. Martin Is it your self To whom Fulk answered the Vniversity or Body of armed men that lately appeared at Luton and Dunstable by me do Command you to do this and bad him again be gone or he and his Followers would in three Days be cut in Pieces Mr. Martin much affrighted at this Salutation went immediately to the King and told him what he had heard and asked if it was done by his Authority The King told him he was not the Author of any such thing but my Barons saith he can scarce contain themselves from an insurrection against me for that I have so long suffered your Depredations and Injuries in my Kingdom Upon this Discourse with the King he Requested his Pasport which was readily granted The Legat leaveth England and for his greater security the King sent with him Robert Noris one of his Marshals to conduct him to the Sea The [6] f. 666. n. 40. A. D. 1245. The English Procurators complaint in the Council of Lyons Procurators of the Vniversity or Body of the Nobility of England before named sitting in the Council at Lyons Mr. William Poweric their Clerc stood up and propounded the Grievances of the Kingdom of England in behalf of the said Vniversity lamentably complaining of a Tribute injuriously imposed on the Kingdom by the Court of Rome to which the Fathers of the Nobility nor they themselves had ever consented nor did at present or ever should consent whereupon they craved Justice with Remedy To which complaint the Pope made no answer yet William Powerâ—c produced the [6] Append. n. 173. Epistle which deâ—lared the many Extortions made in England by the Roman Church which was read in the Council After some time of Wayting the
Procurators returned without [7] f. 681. n. 30. a satisfactory Answer yet at length he [8] f. 696. n. 10 20 30 40. The Popes Grant to Patrons of Benefices iâ— England Granted that all Patrons both Lay and Ecclesiastic should present whom they would to Ecclesiastic Benefices without the Let or hinderance of him or his Legats But afterwards with a Non [8] f. 668. n. 20. Obstante to this privilege he totally destroyed it when ever he had a Mind to prefer any of the Italian Clergy About the Beginning of July the King [1] fol. 660. n. â—0 Clau. 29. Hen. 3 M. 8. D. The King prepares for an Expedition into Wales Summoned all the Earls Barons Knights and others that held of him in Military Service and Serjeanty to March with him into Wales or to send their Service The Welchmen kept themselves upon their Mountains and in their Woods and fastnesses and took their Opportunities now and then to Destroy some Parties of the English and all that King Henry did in 10 Weeks time was to [2] f. 682. n. 20. f. 683. f. 684. n. 30. build the Castle of Bannoc which when he had finished and put a strong Garrison into it he returned into England having destroyed all the Victuals and Forrage upon the Borders and in those parts of Wales where he had been and returned into England with his Army At the same time the Irish by the King's Command landed in the Isle of Anglesey which was the place of Refuge for the Welch and burnt and destroyed the whole Country In the Spring following [3] f. 695. n. 40. A. D. 1246 Prince David dyeth without Issue died David Prince of b. The Prince of Northwales was the [7] Dr. Pow. Hist of Wales p. 315. Superior of all the Princes of Wales to whom the other Princes of South Wales and Powls paid a certain Tribute yearly as appears in the Laws of Howel Dha Northwales without Issue in whose place the Welchmen chose the Son of Griffin Prince of Wales Dr. Powel says from the British History That the Lords and Barons of Wales upon the Death of David came together and chose [ ] History of Wales p. 314. Owen and Lewelin who divided the Principality between them and received their Homages This year in a Parlement at London there were severe A Parlement at London Laws made against such as Robbed Parks or Warrens [6] Paris ut supra f. 695. n. 50. lib. Additam f. 156. n. 10. Laws made against Robbers of Warrens and Parks If the Malefactor fled and was Killed there was neither Law or Appeal allowed for his Death If an Earl Baron or Knight complained to the King that his Deer was stoln and Inquisition was made by the Kings Writ if he that was Indicted was Convicted he was to lye in the Kings Prison a Year and a Day and to pay three years value of his Estate having just sufficient allowed out of it to maintain him after which the King was to have two parts and he that received the injury one and then he was to find twelve Sureties that he should never do the like again in Parks Warrens or Forests nor do any thing against the Kings Peace who were to answer for his Body and Transgression And if any one were taken in a Park or Warren without the Kings Writ of Inquisition he was to be Imprisoned Fined and to give Sureties as before On Mid-Lent Sunday a most General Parlement of the whole Kingdom met at London according to Summons [8] Paris f. 698. n. 40 50. A General Parlement held at London where the King Conferred with the Bishops apart the Earls and Barons apart and the Abbats and Priors apart about the Popes not keeping his promises concerning the Removal of their Grievances which were these Papal Exctions and Oppressions First That the Pope not content with the payment of Peter-pence oppressed the Kingdom by Extorting from the Clergy great Contributions without the Kings Consent against the Antient Customes Liberties and Rights of the Kingdom and against the Appeal of the Procurators of the King and Kingdom in the General Council of Lyons Secondly The Church and Kingdom were oppressed in that the Patrons of Churches could not present fit persons to them because they were given by the Popes Letters to Romans who understood not the English Language and carried all the Money out of the Kingdom to the Impoverishing of it Thirdly The Nation was oppressed by the Popes Exaction of Pensions from Churches Fourthly The Church and Nation suffered for that Italians succeeded Italians and the English were forced to prosecute their right out of the Kingdom against the Customes and Written Laws thereof and against the Indulgencies of the Popes Predecessors granted to the King and Kingdom of England Fifthly The Church and Nation infinitely suffered by reason of the Clause of Non obstante which weakned and enervated all Oaths Ancient Customes Written Laws Grants Statutes and Privileges Sixthly The Church and Kingdom suffered for that in the Parishes where the Italians were Beneficed there was no Alms no Hospitality no Preaching no Divine Service no care of Souls nor Reparations done to the Parsonage Houses The Result of the Conferences upon these Grievances was That yet The result of this Conference upon these Grievances for the Reverence due to the Apostolic See they should again Supplicate the Pope by Letters to remove the intolerable Grievances and importable yoak and this was done according to the Kings separate Discourse with them The King wrote by [9] f. 699 700 701. himself the Bishops by themselves the Abbats by themselves and the Earls and Barons by the name of the Vniversity of England by themselves as appears by their particular Letters extant in Mat. Paris But notwithstanding this Appeal [1] f. 681. n. 40. The English Bishops at the Council of Lyons imposed upon by the Pope the Pope just before the Dissolution of the Council of Lyons caused the English Bâ—shops to put their Seals to the Instrument of King John by which he engaged himself and Heirs to pay a Thousand Marks a year to Innocent the Third and his Successors Fulk Bishop of London was very unwilling to do it yet at last he suffered himself to be overcome They then also Signed the Instrument of the Deposition of Frederic the Emperor And yet further to the great prejudice of the King and Kingdom he [2] f. 701. n. 50. A new Oppression of the English Bishops by the Pope sent his Apostolic Commands to the Bishops That some of them should find him 15 others 10 others 5 stout men well Horsed and Armed for one year as the Pope should direct And lest the King should make provision against this Exaction the Bishops were Commanded not to discover it under pain of Excommunication This year by great [3] f. 705. n. 30. The Office of Marescalcie granted
Spiritual Causes Also concerning Clercs for Crimes imposed upon them by Laics In the beginning of Lent the forementioned [6] fol. 728. n. 20 30 40 50. The Abbat of St. Albans cited to London by the Popes Collector John a Minorite Demanded of the Church of St. Albans 400 Marks the Second time and by Virtue of his Authority cited the Abbat of St. Albans to appear at London three Days after either in Person or by his Proxy to satisfy the Popes Demands that were lately made to him The Abbat sent his Archdeacon to appear for him at the day appointed He Appeals to the Pope who after he had demanded and with difficulty obtained a Copy of the Brief Answered That the Abbat designed to send special Messengers to Rome to acquaint the Pope with these grievances and for remedy appealed to him because [7] fol. 729. n. 30 40 50. But without Remedy both the Abbat and Convent thought they should meet with more favour from the Pope than they could expect from him When they came to Lyons where the Pope then resided They were coldly received and met with great difficulties and some checks Namely That they did not give that respect and pay that reverence which was due to the Popes Messenger and that their Abbat was the only person amongst all the Abbats of England that refused to yield Obedience to his Commands When they saw their entertainment and no remedy to be expected they compounded for 200 Marks and their expences amounted to 100 more Frier John writeth to the Pope for additional Powers When Frier John the Minorite saw the Clergy especially the Abbats so unwilling to yield to his demands He wrote to the Pope to have his power enlarged The Popes Answer together with the Letters of additional powers are in Additament Matt. Par. fol. 159 160. About the same time the King finding the [8] fol. 730. lin 6. The Nobility and Clergy meet the King at Oxford State of his Realm endangered and much impoverished by Papal exactions and the Money carried out of his Kingdom without any advantage to the Church He commanded the whole Nobility of the Kingdom omnem Totius Regni Nobilitatem to meet at Oxford But the Prelates were in a more especial manner called that they might consult how the Church might be relieved from such oppressions as it now lay under But they contrary to all expectation presently consented to a Contribution of 11000 Marks The Prelates consent to contribute 11000 Marks to the Pope and the Clergy were constrained to pay it into the hands of the Bishops of Winchester and Norwich and such as refused were wearied into a compliance by the troubles and damages they received from John the Minorite nor did the Abbat of St. Albans fare the better for that he had sent the Pope fourscore Marks the year before In the year 1248. King Henry [9] Fol. 742. n. 30. kept his Christmass at Winchester with many of his Great men A. D. 1248. Soon after [1] fol. 743. n. 40 50. A Parliament called at London He summoned the Nobility of the whole Kingdom of England to meet him at London Eight days after Candlemass Besides a great Number of Barons Knights Noblemen Abbats Priors and Clercs there came thither Nine Bishops and as many Earls The Arch-bishop of York the Bishops of Winchester Lincoln Norwich Worcester Chichester Ely Rochester and Carlile Earl Richard the Earls of Glocester Leycester Winchester Hertford Roger Bigod Mareschal and Oxford besides the Earls of Lincoln Ferrars Warren and Richmond The Arch-bishop of Canturbury was beyond Sea the Bishop of Durham was infirm and the Bishop of Bath was lately dead When they were assembled the King required of them an Ayd But they [2] fol. 744. line 1. The King required an Aid but is denyed And is reproved by his Great men for miscarriages reproved him for asking it without Blushing as saith the Monk seeing when they granted the last he promised by his Chart he would not any more burthen his Great men Moreover they blamed him for his repeated kindness and Liberality to Forreigners and contempt of his Native Subjects for not encouraging the trade of his own Kingdom [3] Ibid. n. 20.30 for keeping Bishoprics and Abbys void in his own hands To these they added That neither the Justiciary Chancellour or Treasurer were made by the Common Counsel of the Kingdom per Commune Consilium Regni as they * There are no Instances to be found of that in his Predecessors times were in his Predecessors Reigns When the King heard these things [4] Ibid. n. 40. His concern and promise to correct what was amiss he was much concerned and promised that what was amiss should be speedily corrected To which the Vniversity of England Answered That as they had often so they would now patiently wait a short time and see whether he meant as he spake and according as he performed his promise so they would their obedience to him in all things So the further consideration of this Affair was put off till fifteen days after Midsummer At the day [5] fol. 748. n. 30 40 50. appointed The Answer He received the Nobility of all England Nobilitas totius Angliae met at London and were received by the King with this following Speech That they did not treat their King civily but would have him submit to their pleasure and yield to any Terms they should offer him and did deny that Liberty and Authority to him which every Master Exercises in his own Family every Master of a Family may use whose and what Counsel he please The Kings Speech to the Parliament and may put in and put out what Officers he please in his own House which you deny to your King And as Servants ought not to Judge or impose any Difficulties upon their Lord so neither Vassals on their Prince and therefore was resolved neither to remove the Chancellor Justiciary or Treasurer at their pleasure nor to appoint others And then added that he expected from them a pecuniary Ayd for the defence and recovery of his Rights which concerned them beyond the Seas To all which they unanimously Replyed That they would no longer impoverish themselves to enrich Strangers Their Answer and Resolve against granting any Ayd as they had formerly done when they gave money towards his Expedition in Gascoigny and Poictou So the Parlement was dissolved in great disorder without any satisfaction either to the King or themselves But the King was hereby [6] fol. 749. lin 1. The King reduced to great streights reduced to so great necessities that he was constreined to expose to Sale his Jewels Plate and other Vtensils of his House and such Vessels as were curiously wrought and Gilded were Sold not according to their value but weight When the King enquired where he should meet with Buyers it was Answered At London The King replied
If the Treasury of Octavian were to be sold the City of London were able to purchase it This year on the 13th of October [7] fol. 751. n. 10 20. A new Fair proclaimed at Westminster to hold 15 days the King with many Prelates and Great met at London to celebrate the Memory of the Translation of St. Edward and caused a New Fair to be proclaimed at Westminster to continue 15 days and prohibited all other Fairs that used to be kept at that time of the year throughout all England and also all Trading in the City of London within Doors and without during that time That this Fair at Westminster might be the more plentifully stored and frequented with all sorts of Goods and People This year the Pope [8] fol 754. n. 30 40 50. The Pope sendeth his Italians to be Beneficed in England continued his Extortions from and Oppressions of the English and sent his Italians to be without delay beneficed in England whereof One was sent to the Abbat of Abendune who made choice of the Church of St. Helens in the same Town worth 100 Marks by the year and the same day it became void the King send 's his Mandate to the Abbat to confer it upon * Adelmar afterwards Elect of Winchester The Abbat of St. Albans cited to Rome for refusing to accept one Ethelmarus his Brother by the Mothers side and the King would protect and indemnify him The Abbat yielded to the Kings Command Upon this the Pope cited the old Abbat to appear before him at Rome who being deserted by the King was constrained to take that wearisom and tedious Journey where after many difficulties and expences he compounded for fifty Marks A. D. 1â—49 In the year 1249. the King kept his [9] fol. 757. n. 20. Christmass at London and required of the Citisens New-years gifts Then he sent to the [1] fol. 758. n. 10 20 30 40 50. The Kings wants press him to ask Money of his Subjects Citisens of London to supply him with Money which they received with a heavy Heart and complained That that Liberty which was so often bought granted and Sworn to would not now distinguish them from Slaves of the meanest rank but at length with great reluctancy were constrained to pay 2000 pounds but this would not satisfy the Kings wants therefore he was forced to apply himself to his Great men one by one and requested them to Lend him Money both to supply his Necessities and pay his Debts and also to inable him to recover those Rights the King of France had invaded And in a most Submissive Manner made his urgent Necessities known to the Prelates and Abbats and begged of them either to give or lend him such or such a Sum of Money but could obtain nothing but Excuses or denyals unless from the Abbat of St. Albans from whom he received Sixty Marks This encouraged the King to hope the like success from other Prelates and Abbats and accordingly [2] fol. 759. lin 3. wrote to those of Essex and Hertford to Lend him Money for his present Necessities and gave them his promise Faithfully to repay the same This year [3] Ibid. n 20. Nicholas Bishop of Durham resigned his Bishopric Nicholas Bishop of Durham being sensible of his great Age and infirmity resigned his Bishopric and withdrew himself from all public Affairs to a private Life The King recommended [4] Ibid. n. 50. The King recommended his brother Ethelmar to the Convent The Monks refuse to choose him Aethelmarus his Brother to the Convent and by Messengers and repeated Entreaties would have persuaded them to choose him to be their Bishop To whom they replied that He had at his Coronation sworn to preserve the Church's Liberty and that the person recommended was neither of sufficient Age or Learning for so great a Charge The King Answered [5] fol. 760. lin 4. Then He would keep the Bishopric eight or nine Years in his hands and by that time He would be capable of it This year in June [6] fol. 767. n. 20. S. Montfort Earl of Leycester subdued the rebellious Gascoigns Simon Montfort Earl of Leycester although he had undertaken the Crusado passed over Sea into Gascoigny and subdued all that were in rebellion against King Henry and in every thing behaved himself with such fidelity and Courage that he gained the applause of all the Kings friends and the Name of a trusty Patriot This year on the 3d of July [7] fol. 770. n. 40. The King of Scots death dyed Alexander King of Scotland In the year 1250. King Henry kept his [8] fol. 772. n. 10. The Countess of Cornwal brought to bed of a Son Christmass at Winchester and after the celebration came to London At the same time [8] fol. 772. n. 10. The Countess of Cornwal brought to bed of a Son Cincia Earl Richards Wife was brought to bed of a Son who was named Edmund Soon after many of the [9] Ibid. n. 50. Many of the Nobility and Bishops go over Sea Nobility of England for reasons not known passed over Sea Among whom were Richard Earl of Cornwal and the Earl of Glocester Henry de Hastings a Baron Roger de Turkebi and many other Nobles Besides the Bishops of Lincoln London and Worcester And with them the Archdeacons of Oxford and Bedford and many other Clercs On the Seventh of March the King and many of the Nobility and Clergy undertook the Crusado The King Noblemen and Clercs undertake the Crusado [1] Ibid. n. 50. There were in all about 500 Knights besides an innumerable Number of Esquires and Common Souldiers In May [2] fol. 777. n. 30 40 50. Earl Richard kindly received and treated by the Pope Earl Richard returned into England from the Court of Rome where he was received and treated both by the Pope and the Cardinals in a most Pompous and Magnificent manner to the admiration not only of the Citizens but of all strangers that were present at his entrance and saw his entertainment which Occasioned various Conjectures but most then thought That the Pope knew he was both Rich and Ambitious and at that time designed to promote him to the Empire At the same time the [3] fol. 779. n. 40. The Great men return into England again Earls of Glocester and Leycester with many other Great men and Prelates returned into England About Midsummer there was great [4] fol. 783. n. 10. Great Stirs in London about some Liberties of the City Stir in the City of London about some Liberties of the Citisens the King had granted to the Abbat of Westminster the Maior with the whole Community of the City made their complaint to the King but could obtain no Remedy Then they applied themselves to Earl Richard and to the Earl of Leycester and some other Great men who went to the King and severely blamed him for infringing those Charters
his Predecessors had granted to the City and also severely Reproved the Abbat as one that occasioned and moved the King to this Violation By this means the King was restrained from proceeding any further in his Grant Soon after the King [5] fol. 785 n. 20. King Henry's complaint to the Pope against his Great men complained to the Pope that his Great men who had undertaken the Crusado designed to begin their journey to the Holy-Land before he was prepared and that they were more ready to follow the King of France his Capital Enemie than him Upon this the Pope by his Letters under pain of Excommunication prohibited any from going without the Kings leave and for the better Security [6] Ibid. n. 30. He sent to the Wardens of his Ports to hinder any of his Great men from passing over Sea This year a certain Jew [7] Ibid. n. 40. Aron a Jew severely fined for falsifying a Charter Named Aron being convicted of Counterfeiting or falsifying a Charter was severely fined and paid to the King 14000 Marks and to the Queen an answerable proportion in Gold So that it was Computed That this Jew had paid to the King 30000 Marks of Silver since his coming from beyond Sea and to the Queen 200 Marks of Gold as the same Jew informed our Author Matthew Paris [8] Ibid. n. 50. who says they were not to be pitied because the Jews were manifestly proved to be corrupted and forgers of the Kings Seals and Charts This year about the Feast of St. Matthew [9] fol. 800. n. 20 30. The Bishop of Winchesters Death at Turon William Bishop of Winchester died at Turon The King after some short sorrow for his Death sent very kind and soft Letters to the Monks of that Cathedral to persuade them to choose Ethelmarus his Brother their Bishop [1] f. 801. n. 20. The Monks were under great difficulties how to manage themselves They durst not reject the Kings request lest further inconveniencies should ensue for they thought the Pope the Kings close Friend neither were they willing to Elect one whom they knew to be altogether insufficient for so great a charge [2] Ibid. n. 50. Ethelmarus the Kings Brother chosen Bishop of Winchester At last after many disputes the Kings powerful request prevailed and Ethelmarus was chosen Bishop and forthwith Solemn [3] Fol. 802. Lin. 5. Messengers were sent to give the Pope notice of it with Letters full of entreaties and promises to induce him to approve of what was so very pleasing to the King Soon after the King received [4] fol. 803. n. 40 50. The Pope ask's King Henry's leave to reside at Burdeaux Solemn Messengers from the Pope to desire leave of him to let him reside some time at Burdeaux for the Earls of Poictou and Provence Brothers to the King of France who was lately taken Prisoner by the Saracens looked upon the Pope to be the principal Author of this misfortune because he had hindred those who had undertaken the Crusado from proceeding according to their design and had absolved many from their Vow There passed hard words between the Pope and them and they parted from each other in great anger The Earls made what hast they could into England to sollicite the King to give them what assistance He could in this juncture for the Relief of their Brother urging to him the Vow he at present lay under This reduced the King to great streights The King take's time to consider of an Answer for if he consented to the Popes request he made the Emperor his Enemy If he refused him he then incurred his displeasure whereupon the King took longer time to consider what Answer he should return A. D. 1251. In the year 1251. King Henry kept his [5] fol. 807. lin 5. n. 20. The King retrencheth the Expences of his Houshould Christmass at Winchester but the usual plenty and Hospitality was laid aside and the accustomed distribution of gifts was omitted and no one was an acceptable guest at Court who did not bring some gift or present to the King Queen Prince Edward or some Courtier On Epiphany day [6] f. 810. n. 10. Monfort requires a supply of men and money for Gascoigny Simon Montfort Earl of Leycester he had in a great measure reduced Gascoigny to the Kings obedience came into England accompanied only with three Esquires went to the King and acquainted him with the great charge and expence he had been at to repress those Rebels but could no longer maintain it out of his own Revenues therefore He required a supply both of Men and Money from him [7] Ibid. n. 40. His request granted by the King which was granted and having received of the Kings Treasury 3000 Marks and gathered together what Money he could among his own Tenents and those of his Wards He prepared to return into Gascoigny On [8] fol. 811. n. 40 50. Henry of Bath Justiciary accused of Bribery and Extortion Candlemass day following Henry of Bath the Kings Justiciary was accused to the King of Bribery and Extortion whereby he had raised a very Great Estate upon the ruin of others Upon this he was Attached and when John Mansel Clerc one of the Kings principal Counsellers offered to be his Bail the King refused him adding that his fault was little less than Treason But upon the importunate intercessions of the Bishop London and many others he was set at liberty and Twenty four Knights bound for his Appearance at a time appointed statuto Termino On the 17 of February [9] fol. 814. n. 40 50. A Parlement assembled at London Crimes that were objected against the Justiciary The King shews his displeasure against him according to appointment the Parliament met at London where appeared the above mentioned Henry of Bath who beside other Crimes was accused for incensing the whole Baronage against the King Vniversum Baronagium contra ipsum Regem exaspiravit upon which a general Sedition was like to ensue The King was so highly provoked against him that he caused it to be openly proclaimed in his own Court and in London That if any Person had any Action or Complaint against him he should come in and be fully heard One of his fellow Justices laid to his charge that for Money he acquitted and discharged one convicted of Notorious Crimes which so enraged the King that he publickly declared That if any one should Kill Henry of Bath he would pardon him And he had been soon dispatched had not the prudence of John Mansel and the threats of the Bishop of London secured him from violence But at length having made Earl Richard [1] fol. 815. lin 6. Earl Richard stood his friend his Friend through his powerful mediation and the promise of a good Summ of Money he gained his Liberty [2] fol. 820. n. 30. And reconciled him to the King About the 21 of
importunity urged the Payment of it [7] f. 850. n. 30 40. But could not gain a complyance they answered him That both the Arch-bishops of Canturbury and York were absent and they could not do any thing without the consent of their Primate's At the same time the King [8] f. 852. n. 10 20. demanded of the Citizens of London Twenty Marks of * That is 9 or 10 score Marks in Silver Gold and also to their prejudice continued the Westminster Fair for fifteen dayes and would not allow them to open their Shops all that time Soon after he [9] f. 853. n. 40 50. The Great men called to consult about the Gascoign Affairs They reflect upon the Gascoigns and favour Leicester called his Great men together to consult with them about the Affairs of Gascoigny When they were met they urged on the behalf of the Earl of Leycester That the Gascoigns were infamous and rebellious as appeared by their treating of their King when he was among them and that they had practised Robery and depredations on Travellers and that the Earl of Leycester had three years and a half yet remaining in his Charter by which the Government of that Country was committed to him The King was not at all pleased to find his Great men so ready to excuse the Earl for he determined to have dealt with him as a Traytor When the Earl had Notice of the Kings design he replyed [1] fol. 854. l. 1. I am very well satisfyed that the King would destroy me to enrich some Provincial or Poictovin with my Earldom And so the Council was dissolved the King being equally dissatisfied with the Secular Great men as with the Prelates so as he thought to send for a Legat who might force the Clergy by Apostolic Authority to answer his Demands On the 11 of November [2] f. 856. n. 40. Albert the Popes Notary his offer to Earl Richard Albert the Popes Notary came into England to perswade Earl Richard who was known to be wealthy above all the Great men of the West to accept the Popes Offer of the Kingdoms of Apulia Sicily and Calabria neither was he unmindful of himself but let the Bishops [3] fol. 859. n. 40. know that he was the Popes favourite and that Presents and Benefices would be very grateful and acceptable to him This year [4] fol. 859. n. 40. The yearly revenue of the Italian aâ—d Foreign Clercs the Bishop of Lincoln employed one of his Clercs to take an exact account of the yearly Revenue that Italians and Foreign Clercs were possessed of in England and it was found to amount to above 70000 Marks by the Year and the Kings bare Revenue at the same time scarce reached to one third of that Summ. Reditus Regis merus non ad ejus partem tertiam computatur Simon Montfort Earl of Leicester this year [1] Paris f. 863 lin 1. Montfort resigns his Patent of the Custody of Gascoigny Alphonso King of Castile his pretences to it Resigned his Chart or Patent of the Custody or Stewardship of Gascoigny which he had obteined of the King for five years He purchasing him out of the remainder of his Term which was three years and conferred that Government upon his Son Edward Alphonso King of Castile so soon as he found the Earl of Leicester had quitted his Charge and it was left to the management of a Child [2] Ibid. n. 10. pretending a Grant of that Country from King Henry the Second confirmed by Richard the First and King John Many of the Nobility of Gascony left King Henry and joyned themselves to Him The Citizens of Burdeaux that were faithful to the King of England gave him notice That unless he sent them a quick and powerful assistance he would lose the whole Country [3] Ibid. n. 20. The King was troubled he had removed Montfort who was gone into France and then past Recalling and Earl Richard had been supplanted after he had obteined a Patent of that Government so as he behaved himself warily and silently In Lent many Reports came from [4] f. 864. l. 4. The English Affairs in Gascoigny in an ill condition Gascony That Reole Castle and several others were taken from the English The King was startled at this News and caused Proclamation to be made and sent his [5] Append. n. 178. Writs into every County that all men should be Armed and Mustered according to Ancient Custom and that Watch should be kept in Cities and Towns About the [6] Paris f. 864. n. 40. middle of April the Gascoigns fell one upon another invaded each others Castles made Captives on both sides burnt and wasted their Houses and Lands The King being in great streights had [7] Ibid. n 50 The King reduced to great streights for want of Money taken Extraordinary Courses to raise Money no ways agreeable to the people nor according to use and Custom and yet wanted a very large Summ for the Expedition he intended into the Holy Land Thereupon called a [8] f. 865. n. 40. A Parlement called at London Ibid. n. 50. The Bishops offer the King Money but upon conditions Parlement to consult about the Difficult Affairs of the Kingdom fifteen Days after Easter In Quindena Paschae tota Edicto Regio convocata Angliae nobilitas convenit Londini de arduis Regni negotiis simul cum Rege Tractatura The Nobility met accordingly and he demanded a very great supply of Money from them After much Controversie [8] f. 865. n. 40. A Parlement called at London Ibid. n. 50. The Bishops offer the King Money but upon conditions the Arch-Bishop of Canturbury the Bishops of Carlisle Salisbury and the Elect of Winchester were sent to the King by the Bishops and all the Prelates to persuade and induce him as he had often promised upon Oath to permit Holy Church to injoy all her Liberties and especially those concerning Elections in which chiefly as they said Ecclesiastick Liberty Consisted and if he would Correct this Error and those concerning the Liberties conteined in Magna Charta they would strain hard to satisfie his desires After [1] f. 866. n. 20 30. The business of the Cross encouraged A Tenth of all Church Revenues granted to the King for three years The Military men grant an Ayd of three Marks for that year fifteen days Debate of this and other things they came to this Resolution by unanimous agreement That the Kings Intentions of taking upon him the Cross were Pious and that they should not want their effect nor should the state of the Church or Kingdom receive Detriment and therefore the Clergy Granted him the Tenth of all Church Revenues for thrâ—e years for the Relief of the Holy Land against the Enemies of God to be Received by the oversight of Great Men. And the Military men gave him for that year three Marks of every Knights Fee Upon which the
at Portsmouth on the 28th of May and arrived at Burdeaux the last of the same Month. Not long after their Landing [8] f. 890. n. 20. Prince Edward marryed to Alienor the King of Spains Sister What Settlement the King made upon Prince Edward his Son Prince Edward was sent in great Pomp to Alphons King of Spain where when he had Married his Sister Alienor he was Knighted by him At his Return with his Bride to his Father he brought with him the King of Spains Release or Grant of Gascony before mentioned and King Henry forthwith setled upon him and his Wife Gascony Ireland Wales Bristol Stamford and Grantham And from that time the King began to prepare for his Voyage into England [9] Ibid. n. 30 The Kings expences in his late Expedition when upon stating the Account it appeared his Expences in those Expeditions had been Twenty Seven Hundred Thousand Pounds and more besides the Lands Wardships and Rents he had given to Strangers and besides thirty thousand Marks he had given to and expended upon his Poictovin half Brothers About this time Master Albert returned to Rome and [1] f. 892. n. 30. Albert acquainteth the Pope on what conditions Earl Richard would accept the Kingdoms of Sicily and Apulia The Pope offereth them to Edmund King Henry's Second Son certified the Pope That the proposals made to Richard Earl of Cornwall concerning the Kingdom of Sicily and Apulia would take Effect He would not expose himself to uncertain events requiring of the Pope Security and Pleges for what he should undertake Money also toward his charge of subduing that Kingdom and some of his Castles for places of retreat Upon this Report [2] f. 893. n. 30. the Pope sent private Messengers to King Henry and offered him that Kingdom to the use of his Son Edmund who very forwardly embraced the seeming favour and received it with much satisfaction and to make way for him Innocent the 4th had accused [2] f. 893. n. 30. Conrad Son of Frederic the rightful King of Heresie Murther and other great Crimes To which accusation he gave a very clear [3] Paris Additament f. 192 n. 50. Answer yet Dyed not long after to the great Joy of the Pope who presently subdued almost all Apulia But both Sicilian and Apulian Nobility rather than be under his Government set up [4] Paris Hist f. 893. n. 50. f. 897. n. 40. Manfred a Natural and Legitimated Son of Frederick and did Homage and Swear Allegiance to him King Henry having made Peace with the King of Spain and setled Gascony asked leave of the King of France to [5] Ibid. f. 896. lin 4. pass through his Kingdom which was Granted The King of England [6] Ibid. f. 898. n. 50. 899 900 c. A glorious interview between the Kings of England and France had with him 1000 brave Horse and Noble Riders besides Sumpter Horses and other Carriages There was with him his Queen and her Sister the Countess of Cornwall and the King of France with his Queen and her other Sisters the Countesses of Anjou and Provence and the Mother of them all the old Countess of Provence met them at Charâ—res The interview was Glorious and from thence they were conducted to Paris where for Eight Days they remained together in great Splendor and with mighty Entertainments after which time the King of France brought him one days Journey toward the Sea [7] Ibid. f. 901. n. 10 20 30 â—0 A. D. 1255. King Henry returneth into England When the King of England came to Bologn he found the Wind Cross so as he was forced to stay there on Christmass day which was Fryday on the Sunday following the Wind came fair and he Landed at Dover where his Brother Richard Earl of Cornwall met him with many of the Nobility the Bishops also and the Abbats and Priors all making him great and Rich Presents in Gold and Silver which went toward the Payment of his Debts which were great Fifteen dayes after Easter [8] f. 904. n. 40 50. All the Nobility of England Assembled at London The King acquainteth them with his necessities and Debts Their Answer all the Nobility of England as well Ecclesiastics as Seculars met at London so as there had not been seen before such a Populous Multitude In Quindena Paschae Convenerunt Londâ—ni omnes Nobiles Angliae tam viri Ecclesiastici quam Seculares ita quod nunquam tam populosa Multitudo ibi antea visa fuerit Congregata The King acquainted this great Convention with his Debts letting them know without their assistance he could not pay them and therefore earnestly Requested an Ayd sufficient They were very Querulous recounting old Grievances and withal demanded that the Justiciary Chancellor and Treasurer might be chosen by the Common Council of the Kingdom as had been justly and anciently * So says the Moâ—k but neither he nor any of his Bretheren if then demanded could have given two Instances of the Practice used sicut ab antiquo Consuetum justum and likewise that they might not without notorious Faults be removed but by the Common Consent and Deliberation of the Kingdom which the King not Granting [9] Ibid. f. 905. l. 6. They Generally declared to the King that Business should be deferred until Michaelmass and the Council was Dissolved This Summer [1] f. 906. n. 10 20 30 40. Cardinal Octavian defeated by Manfred King of Sicily Pope Alexander the Fourth following the steps of his Predecessor Innocent in prosecuting the Business of Sicily and Apulia sent Cardinal Octavian with an Army of sixty thousand men to destroy the City of Nocera and Manfred that was then in it who upon their approach to it Marched out with a great Body of men and utterly Defeated Octavian and the Popes Army The News of this Defeat put the Pope into great Disorder and Confusion seeing the Church had promised the Kingdom of Sicily and Apulia to the King of England who as all the Writers of this time Report paid this Army for the use of his Son Edmund [2] Ibid. n. 40. to whom the Pope had sent a Ring of Investiture by the Bishop of Bononia who was then upon his Journey toward England The King having [3] f. 908. n. 20 30 40 50. f. 909. n. 10. King Henry goes into Scotland to give remedy to his Daughters complaints of her hard usage received many Complaints from his Daughter the Queen of Scots of her hard usage in that Nation went to Edenburgh to Visit her and when he came upon the Borders of Scotland sent before him Richard Earl of Glocester and John Mansel his Clerc to see how things were and to inquire and examine whether the Complaints she made of Robert Ros and John Bailiol who had been with others appointed Governors of the King Queen and Kingdom were true At first Robert Ros withdrew himself but
approve who acted rather against than for him Now the King thinking himself secure on every side [8] Paris fol. 991. n. 50. He taketh the advantage of the Popes Absolution He displaces his great Officers of State resolved to take the advantage of the Popes Absolution and went to several Cities and Castles and took possession of them and the Government of the Kingdom encouraged to this by the promise of assistance he received from the King of France and his Great men Afterwards the King came to Winchester and removed from their Offices the Justiciary and Chancellor that were appointed by the Baronage and constituted * He made Walter de Merton his Chancellor and Philip Basset his Chief Justice Mat. Westm fol. 380. lin 7. others in their places according to his own pleasure and sent his [9] Append. n. 205. Reason why he could not stand to his Oath Writ to all the Sheriffs of England wherein he relates his own Submission and the Affairs of his Realm to the Provisions at Oxford under certain conditions which the Barons performed not the injustice of their Ordinances to the prejudice and depression of his Royal power and Dâ—mage of his People his Absolution from his Oath to observe them both by Pope Alexander and Vrban his Successor His readiness to do justice to all men Great and Small in his Courts to which they might freely resort with security and to observe the Articles conteined in the great Charter and Charter of the Forest which they were commanded to proclaim in all places and to apprehend and secure all such as adhered to the former Ordinances or presumed to speak or act any thing prejudicial to the Rights of his Crown Honor or Dignity or to his Execution of his Office Upon this the [1] Paris ut Supra The Barons come Armed to Winchester Barons came Armed to Winchester and John Mansel went privately to the King and acquainted him with the danger he was in The King retires to the Tower and constrained him to hasten his return to the Tower of London In the year 1263 at Christmass [1] Paris f. 992. lin 1. n. 10. A. D. 1263. 47th Hen. 3. the King Queen and Council were in the Tower of London at which time both the English and French Bishops took great pains to make peace between the King and Barons and at length Both sides referred their Differences about the * See the Compromise it self on the Kings behalf in Append. n. 206. and observe the date of it on Sunday after St. Lucy's day 13th of December 1263. so that it had been agreed to Refer these Differences to the King of France before Christmass The King of France nulleth the Oxford Provisions Oxford provisions to the King of France who calling together his Bishops Earls and great men at Amiens on the 22 d of January in that Assembly pronounced sentence for the King of England against the Barons and Nulled those provisions But by Evacuating of them he did not intend altogether to abrogate King Johns Charter Upon which Exception S. Montfort and others took advantage and said The provisions were founded upon that Charter and therefore would not submit to the King of France his Sentence This Parlement of the King of France as the Monk calls it being Dissolved the [2] Ibid. Several noble men desert Montfort King of England and his Queen the Arch-bishop of Canterbury the Bishop of Hereford and John Mansel who were all there returned home And from that time [3] Ibid. n. 20. Henry Son to the King of Almain Roger de Clifford Roger de Leybourn John de Vallibus or Vaus Hamo L'estrange and many other Barons left Montfort and Roger Mortimer wasted his Lands and Estates But he confederating with Leolin Prince of Wales the Kings great Enemy sent an Army thither that invaded destroyed and burnt the Estate and Lands of Roger. In the mean while the [4] Mat. Westm f. 382. n. 40. Barons in other parts of the Kingdom by advice and under the conduct of the Earl of Leycester Resolving to make good the Oxford provisions armed themselves The Barons Arm themselves and seize the Kings Towns and on a sudden when they thought not of it fell upon the Strangers the Kings Counsellors and all they knew adhered to him and in an Hostile manner seised upon their Estates Places of Strength Castles Towns and Goods [5] Ibid. f. 384. n. 50. 385. n. 10. Montfort with his Army took in Glocester Worcester Bridgnorth and Shrewsbury Prince Edward and the Noble men that were of the Kings party took in the Castles of Haye Huntington Brecknoc c. and on both sides they wasted burnt and destroyed their Lands and Estates The Londoners also [6] Ibid. f. 385. n. 20. The Londoners second the Barons going out of their City in great numbers wasted and burnt the farms and possessions of the King of Almain Philip Basset and many others that were of the Kings party and imprisoned the Kings Clercs the Barons of the Exchequer and Justices of the Bench. The King was at this time in the [7] Ibid. f. 383. n. 20 30. Mat. Paris f. 993. lin 2. n. 10. The King maketh peace with the Barons Tower of London with his Queen and John Mansel one of his chief Counsellors who fled from thence fearing the Rage of the Barons and when he was gone the King fearing he should be besieged by their Army against all the power and perswasion of the Queen by the mediation of some Honourable persons made peace with them the Articles whereof were these First That [8] Ibid. The Articles of the peace Henry Son of the King of Almain should have his Liberty Secondly That the Kings Castle should be put into the Hands of the Barons Thirdly That the Statutes and Provisions made at Oxford should be inviolably observed as well by the King as others Fourthly That all strangers except such as the Well-Affected should think fit to stay should presently avoid the Nation never to return again A. D. 1264. 48. Hen. 3. But this peace did not hold long for the Soldiers that were within Windsor Castle [9] Paris f. 993. n. 20. furnished it with Arms and Victuals which raised great suspition in the Barons and it added much to it that when Prince Edward had desired of the Bishop of Worcester who was of the Barons party to conduct him from Bristol to his fathers Court when he came near Windsor he left the Bishop and went into the Castle which he took very ill [1] Ibid. n. 30. Prince Edward kept prisoner by Montfort and Simon Montfort coming to besiege it Prince Edward met him at Kingston and offered a Treaty of Peace But by advice of the Bishop Simon kept him prisoner until the Castle was delivered to him upon condition that such as were in it might go whether they would and the strangers and such others
Bull was Dated at Viterbo in Italy 5. Idus Junii 9 th of June in the 2 d. year of his Pontificate which was A. D. 1267. the 51 st of this King and Directed to his Legat Ottobon but not put in Execution until after Christmass following The English and Welch every year almost and sometimes often in the same year made inrodes into each others Countries The Welch and English destroy one â—others Couâ—tries fired and burnt Houses took possession of each others Lands and Goods and more especially spoiled and wasted the Borders on both sides of which Actions seeing they were Ordinary and frequent I have not taken notice for many years But Lewelin Son of Griffin having been a great Friend to Montfort The King dâ—â—signed to châ—stise Lewelin Prince of Wales and a great support to him in his Rebellious practices in September this year the King came with a great Army to Shrewsbury with Design to March into Wales and Chastise him for his Vnfaithfulness to him who now wanting the help of the Rebellious Barons by Diverting the King applyed himself to the Legat He desires peace and oâ—tains it by whose Mediation a Peace was made [3] Cart. â—1 Hen. 3. M. â— De Reformâ—tionâ— paâ— iâ—ter Regem â— Lewelinum Principem Wallia The Articlâ— of the peacâ— so as all Lands should be restored on both sides and that the Customs of the Marches should still remain That King Henry should grant unto him and his heirs the principality of Wales and that they should be and be called Princes of Wales That they should receive the Homage and Fealty of all the Barons of Wales who were to hold their Lands of them in Capite except the Homage of Mereduâ— the Son of Rhese which the King reteined to him and his Heirs and if ever the King should grant it to him he should pay for it 5000 l. He likewise Granted him the four Cantreds of Borthwlad to hold and possess them as fully as ever the King and his Heirs had possessed them For which Principality Lands Homages and Grants the same Prince and his Successors were to swear Fealty and do Homage and perform the accustomed Services due to the King and his Heirs as they had been done by him and Predecessors to the King and his Ancestors And further was to give him 25000. Marks This Agreement bears Date at Shrewsbury 25 th of September 1267. The Record is long but this is all that is material in it A. D. 1268. 52 Hen. 3. The Pope having in his Bull of the Grant of the tenths of all Arch-Bishopricks Bishopricks c. before mentioned Commanded his Legat to Collect or Receive it or cause it to be Collected or Received by other fit persons [4] Cart. 51. Hen. 3. M. 10. in Cedula The Legat appoints Collectors of the tenth lately granted He assigned Walter the Elect of York Stephen of Canturbury and Ruffin Clivel Arch-Deacons in that Church to receive and pay it to the King one third part at Easter following another third part at Midsummer and the last at Michaelmass and so for every of the three years and the King by the Assignment of the Legat appointed [5] Pat. 52. Hen. 3. M. 32. intus M. 33. Collectors of this tenth in every Diocess The Dean and Chapter of Salisbury [6] Pat. 52. Hen. 3. M. 9. intuâ— Salisbury and Bath and Wells compound by the year with the King compounded with the King for 1000 l. a year for all the tenths arising out of that Diocess and the Dean and Chapter Abbats and all the Clegy of the Diocess of Bath and Wells [7] Ibid. M. 2. intus compounded with him for 500 Marks down and 350 l. 4 s. ob each year for their own tenths The King with his Army this year Marched [8] Paris fol. 1004. n. 30.40 The King Marcheth against the disinherited in the Isle of Ely He soon reduced or dispersed them toward the Isle of Ely to reduce or disperse such as had taken refuge there and by the assistance and advice of such as inhabited thereabout he made Bridges with Planks and Hurdles at convenient places so that the Soldiers with little difficulty entred the Isle and presently brought many of them to the Kings obedience and put the rest to flight In the year 1269. King Henry was at London [9] Ibid. fol. 1005. lin 1. A. D. 1269. Edward and Edmund the Kings Sons undertake the Cross with his Queen and Ottobon the Legat who called a Council at London and there constituted many things for the Reformation of the Church of England Soon after at Northampton he signed with the Cross Edward and Edmund the Kings Sons the Earl of Glocester and many other Noblemen of England and then with an inestimable Treasure returned to Rome At the same time the King [1] Ibid. n. 10. The Kings Proclamation for the security of his subjects goods caused it to be proclaimed throughout all England in every County that whoever should invade or injustly usurp any ones goods or possessions he should be lyable to a Capital Punishment which was soon after executed upon one at Dunstable who had driven away twelve Oxen that were the Villans of Colne belonging to the Abby of St. Albans who persued him and took him and brought him before the Baylif of the Liberties of St. Albans who read to him in English the Kings Letter before the whole Multitude and then by virtue of the Kings Command Sentenced him to be beheaded This year the King of [2] Ibid. n. 20. The King of France his invitation to Prince Edward France sent Messengers into England to invite Prince Edward to accompany him into the Holy-Land Prince Edward accepâ— his offer to whom the Prince replyed that the late Wars between the King and his Great-men had exhausted the English Treasury so that he had not sufficient to supply his necessary Expences for such an Expedition The King of France offered that if he would comply with his desires he would furnish him with 30000 Marks To which Prince Edward consented and forthwith offered Gascoigny as security for his Mony and then came into England to obtain leave of his Father King Henry which he granted with Tears and gave him his Blessing In the same year [3] Fol. 10â— lin 4. A Parlemeâ— at Merleberâ— Statutes mâ— there in the Octaves of St. Martin or the 19 th of November a Parlement was held at Marlebergh in which by the Assent of the Earls and Barons were made the Statutes of Merlebergh in quo assensu Comitum Baronum edita sunt Statuta quae de Marleberwe vocantur In the year 1270. King Henry [4] 1006. n. 10. A. D 1270. Prince Edmund Marriâ— with his Queen and the Chiefs of the Kingdom was at Christmass at Eltham On the eighth of April Edmund the Kings Second Son Married Auelin the Daughter of William de Albamarla
words were not in it Defraud and Wrong any Church or Religious place of their Liberties Goods and Possessions let them be admonished by the Ordinary of those places where such Judgment is given that such a Sentence will be to the Churches prejudice And if they do refuse to harken to such Admonitions let them be Excommunicated and Interdicted 13. If the King his Great Men or any Capital Lords or their Heirs who have been Founders or Benefactors to Religious places shall Distrein any Ecclesiastical Person because he doth not Suit or Service to their Secular Courts let them be proceeded against by the aforesaid Ecclesiastical Censures 14. If any Lay-Lord do hinder the Ordinary from distributing the Goods of any one that died Intestate either for the payment of his Debts or for the Maintenance of his Children or Parents or for Pious and Charitable Vses let him be Excommunicated And also such as hinder [*] That they might not be hindered to give to the Churchmen and Monasteries Villans from making their Wills The King [4] Append. n. 230 â—31 wrote to the Pope to revoke these Provisions and Constitutions as being made to the great Prejudice Hurt and Damage to the Rights of his Crown and Kingdom and appointed two Proctors to transact this Affair with the Pope But with what Effect I cannot say but do believe they might be revoked because I find them not put in practice Taxes in this Kings Reign THe Parliament called at Northampton Matt. Paris fol. 322. lin 3. 9 Hen. 3. A. D. 1224. in the Octaves of Holy Trinity 1224. granted the King two Shillings of every Plough Land and the King granted to the Great Men Scutage two Marks Sterling of every Knights Fee The Parliament called at Westminster at Christmass 1224. granted the King a Fifteenth of all Moveables 9 H. 3. fol. 323. n. 10. A. D. 1224. Fol. 324. n. 40 as well of the Clergy as Laity of the whole Kingdom for the Grant or Confirmation of Magna Charta One half of this Fifteenth was Collected foon after Easter and the other half was to be gathered Michaelmas following A fortieth part of Moveables granted 16 H. 3. A. D 1224. A. D. 1226. the 11th of Henry the Third Pat. 11 â— 3. m. 11. A. D. 1226. he wrote to the Bishops and Clergy to give him a Fifteenth of all their Moveables as the Bishops and Clergy of England had then done King Henry compelled the Citizens of London to pay him Five thousand Marks 12 H. 3. A. D 1227. fol. 33â— n. 10 20. because they had given so much to Lewes late King of France when he left England and levied a Fifteenth At the same time he took for an Aid from the Burgesses of Northampton Twelve hundred pound besides one Fifteenth He likewise forced all Religious and Beneficed Clerks to pay a Fifteenth as well out of their Spirituals as Temporals and they which were unwilling to pay were compelled either by the Kings Authority or Ecclesiastical Censures Soon after the Religious and others had notice 12 H. 3. ibiâ— n. 40. that unless they renewed their Charters the old ones should be of no advantage to them and for the renewing every one paid according to his Faculty at the Justiciaries Discretion In the year 1230. Arch-Bishops Bishops Fol. 365. n. 1â— 15th H. 3. A. D. 1230. Abbats and Priors gave a great sum of Money for recovering his Rights beyond Sea At the same time he put the Citizens of London to a grievous Redemption and forced the Jews to pay the third part of what they were worth In the year 1231. the King required a Scutage of three Marks of every Knights Fee of all that held Baronies 16 H. 3. fol. 367. n. 50. A. D. 1231 as well Laics as Prelates It was opposed by the Arch-Bishop of Canterbury and some other Bishops but agreed to by all others On the 14 of September in a Parliament held at Lambeth A. D. 1232 17 H. 3. foâ— 377. n. 5. aâ— fol. 380. n. a fortieth part of all Moveables as well of Ecclesiastics as Laics was granted to the King and was Collected the latter end of October following A. D. 1235. 20 H. 3 fol. 417. n 30. A. D. 1235 He took two Marks of every Plough Land at the Marriage of Isabel his Sister to Frederic Emperour of Germany and gave with her Thirty thousand Marks Quaere Whether this was not the same which was granted Pat. 20 H. 3. m. 8. n. 12. That Tax was two Marks upon a Knights Fee Claus 21 H. 3. m. 1. and m. 21. Dors. There was at the same time a Thirtieth of Moveables granted by the Bishops and Lay Great Men. Cl 21 H. 3. m. 1. and m. 21 and 22. Dors. A. D. 1236. A. D. 1236. 21st of Henry the Third he sent into Ireland to the Bishops and Great Men there and propounded the Example of the Bishops and Great Lay-men of England who had given him Scutage two Marks of every Knights Fee for the Marriage of his Sister to the Emperor of Germany and a Thirtieth part of their Goods Pat. 20 H 3. m. 8. n. 12. A. D. 1236. Scutage two Marks of every Fee granted by Arch-Bishops Bishops Abbats Priors and other Ecclesiastical Persons c. 'T is very probable this was the same Scutage which was given for the Marriage of his Sister to the Emperor F. 435. n. 10. 21 H. 3. A. D. 1237. A. D. 1237. A Thirtieth part of all Moveables was granted to the King A. D. 124â— Fol. 595. n. 30. and 597. n. 20. In the year 1242. about Michaelmas the King required Scutage three Marks of every Knight through all England So Paris but as others only twenty Shillings Fol. 643. n. 20. A. D. 1244. In a Council held at London three Weeks after Candlemass twenty Shillings of every Knights Fee was granted to the King for the Marriage of his Eldest Daughter one half to be paid at Easter the other at Michaelmass following A. D. 1253. 37 H. 3. Par. f. 866. m. 20 30. The Clergy grant the Tenth of Ecclesiastical Revenues for three years and the Nobility or Knights three Marks of every Knights Fee for the relief of the Holy Land upon his Confirmation of Magna Charta A. D. 1â—67 Cart. 51 Hen. 3. m. 10. Cedula Three years Tenths of all Church Revenues granted to the King by the Pope A. D. 1270. Cl. 54 Hen. 3. m. 11. Dors. A twentieth part granted to the King Ireland and Irish Affairs KIng Henry by his Counsellors in the [1] Appâ—… n. 227. first year of his Reign he being then but nine years old or by William Marshall his Governor to gratifie the * The Enâ—… Irish King Johâ—… Charter oâ—â—â—â—berties grâ—â—ed to the Irish Irish for their firm Loyalty to his Father and himself Granted out of his special Grace that they and their heirs for
great Men of Ireland and therefore ordered them to secure the peace of that Nation and sent them further private instructions by Roger Waspail who carried these Letters to whom he Commanded them to give credit This is all I find worth noting concerning Ireland in this Kings Reign who appointed Couragious Justiciaries and other Officers by whose industry and by putting the English Laws in Execution that Nation was kept in peace and quiet The Issue of King Henry the Third EDward his [1] Paris f. 488. n. 30. Eldest Son by Queen Alienor of Provence who was King of England after his death was born at Westminster upon the 16th of June 1239. Edmund his Second Son by the same Queen [2] Ibid. f. 654. n. 20. born January 16th A. D. 1245. in the Thirtieth year of his Fathers Reign He was Earl of Lancaster Leicester Derby and Campaign Lord of Monmouth and Steward of England There are by some four more Sons named but if he had them they died young Margaret his [3] Pat. 36 Hen. 3. m. 1. Eldest Daughter was Married to the King of Scots Alexander the Second a Child of nine years old Beatrice his Second Daughter so named of her Grand-mother Beatrice Countess of Provence was [4] Paris f. 5â—4 n. 20. born at Bourdeaux in Gascoigne on the 25th of June A. D. 1242. and was Married to John de Dreux Duke of Britain in France and Earl of Richmond in England Katherine the Third Daughter was born [5] Ibid. f. 879. n. 10. at London on St. Katherines day or the 25th of November A. D. 1253. and died at five years of Age. FINIS THE APPENDIX DE Sententiis Judicum CHART XCIX VAUCO IN nomine Dei Forma progreâ—suâ— in judicio Antiquitates Alaman Tom 2. fol. 3. cum resideret Vnfredus vir inluster Rhetia was toward the foot of the Alps. Retiarum N. 1 Comes incurte ad campos in Mallo publico ad universorum causas audiendas vel recta judicia terminanda ibique veniens bomo aliquis nomine Hrothelmus proclamavit eo quod in Contra Direâ—tum Coâ— Drâ—ctum Coâ—tra Drutum Contra Droâ— Gallicâ— Testimonia 〈◊〉 Tâ—sâ—eâ— common in Barbâ—rous â—â—tin Contradrutum suum Mansum ei tollutum fuisset quod ei advenit à parâ—e Vxoris suâ— simul Flavino propriâ— suum fuisset legibus suum esse deberet quin jam de TradavioVxoris suae fuisset â—dcircò suum esse deberet tum prâ—dictus Comes Convocatis illa Testimonia qui de ipso Bâ—go erant interrogavit eos per ipsum fidem Sacramentum quam nostro Domino datam haberet quicquid exinde scirent veritatem diâ—eâ—ent At illi dixerunt per ipsum Sacramentum quod Domino nostro datum habemus scimus quia fuit quidem homo nomine Mado qui ibi habuit suum solum proprium cujus conâ—inium nos sciâ—us quiâ— adjacet confineâ—â—d ipsâ—m Mansom unde iste proclamat in quâ— illi arbore durem de uno lâ—tâ—re aquâ— câ—ngâ—t inter eos terminum est in petrâ—s in arboris ipse est Dominus Nam sicut illa â—dificiâ— dâ—sursum conjungâ—nt istorum hominum proprium est illorum legibus esse debet de parâ—e Avii illorum Quinti Tunc praedictus Comes jussit ut ipsa Testimonia suprâ— irent ipsos terminos ostenderent quod dâ—ebant Quod 〈…〉 feâ—erunt ipsos terminos firmaverunt qui inter illa dâ— Mansa â—ernebant Sed pluâ—imi ibidem adfuerunt Nobiles quos ipse Comes cum â—s direâ—erat quod omnia pleniter factum fuit Vt autem haec â—iâ—ita â—unt interrogavit ipse Comes illâ—s Scabinios quid illi de hâc causâ judicare voluissent At illi dixerunt secundum istorum hominum testimonium secundum vestram inquisitionem judicamus Vt sicut davisum finitum est terminis positâ—s inter ipsos Mansos ut isti homines illorum proprium habeant absque ulliâ— contradictione in perpetuum quod in Dominico dictum terminâ— divisum coram testibus fuit reâ—eptum sit ad partem Domini nostri Proptereâ— opporâ—num fuit Hrothelmo Flavino cum Hieredibus eorum ut exinde ab ipso Comite vel Scabinis tale Scriptum acciperent About the year of our Lord 807. in the Reign of Charles the Great qualiter in postmodum ipsom Mansom absque ullius contrarietate omni Tempore valeant possidere Actum curte ad campos Mallo Publico Anno 7 Imperii Caroli Augusti 37 regni ejus in Franciâ 34 in Italiâ Datum VII id Feb. sub Umfredo Comite faeliciter Amen Haec nomina Testum Valeriano Burgolfo Vrsone Stefano Majorino Valerio Leontio Victore Maurestone Frontiano Florentio Stipfone Valentiano Quintello Stradario Et haec nomina Scabiniorum Flavino Orsicino Odmaro Alexandro Eusebio Maurentio quam etiam aliis plurimis Ego itaque VAUCO rogitus Scripsi Subscripsi All old Judgments Processes and Charts were drawâ— up in Barbarous Provincial Latin without Congruity Syntax Propriety or Elegancy The Process and Judgment is thus Englished N. 1 IN the Name of God when Humfry the Illustrious Person Earl of Rhaetia in his Pavillion in the Fields in a publick Mall or Court sate to hear the Causes of all Men or to determine according to right Judgment there came a certain Man called Hrothelm and complained That against his Right he had an House or Farm taken from him which came to him by his Wife and Flavino and was properly his own and by Law ought to be his because he had it by Livery or delivery of his Wife therefore it ought to be his Then the foresaid Earl calling Witnesses or Witnesses or Jurors were the same in the old Feudal German Law Jurors that were of the very Country or Vicinage he asked them by the Faith and Oath they had made to our Lord that whatever they knew of this Matter they should speak the truth They said By the very This Oath was made to the Emperor who is here meant by Dominus Noster Oath we have given to our Lord we know because there was a certain Man called Mado who had there his proper Soil the bounds whereof we know because it adjoyns and lies next to the very House or Farm claimed upon which there was a great Tree and one side was compassed with Water and between them was a Boundary of Stones and Trees That is Hrotheâ—m He is the Master Lord Owner or Proprietor of it For as those Buildings are joyned above they are the Propriety of those Men and ought to be theirs by the Law in right of their Grandfather Quintus Then the foresaid Earl Commanded That the Witnesses or Jurors should go upon the place and shew the Bounds they mentioned which they did and fixed the Bounds which they saw between the two Houses or Farms and there were many Noblemen there present whom the Earl directed to
Dominis suis Et si quis Baronum vel aliorum hominum meorum filiam suam tradere voluerit sive Sororem sive Neptem sive Cognatam mecum inde loquatur Sed neque ego aliquid de suo pro hac licentia accipiam neque defendam ei quin eam det Excepto si jam dare vellet inimico meo Et si mortuo Barone vel alio homine meo filia haeres remanserit dabo illam cum Consilio Baronum meorum cum terra sua Et si mortuo marito Uxor ejus remanserit sine liberis fuerit dotem suam maritagium habebit dum corpus suum legitimè servabit Et eam non dabo marito nisi secundùm velle suum tâ—rrae liberorum custos erit sive uxor sive alius propinquior qui justus esse debet praecipio ut Barones mei similiter se contineant erga filios filias vel uxores hominum suorum Monetagium commune quod capiebatur per Civitates vel Comitatus quod non fuit tempore Regis Edwardi hoc ne amodo fiat omninò defendo Si quis captus fuâ—rit sive monetarius sive alius cum falsa moneta Justitia recta inde fiat Omnia placita omnia debita quae Regi fratri meo debebantur condono Exceptis firmis meâ—s exceptis illis quae pacta erant pro aliorum haereditatibus vel pro illis rebus quae justiùs aliis contingebant Et si quis aliquid pro haereditate sua pepigerat illud condono omnes relevationes quae pro rectis haereditatibus pactae erant Et si quis Baronum vel hominum meorum infirmabitur sicut ipse dabit vel dare disposuerit pecuniam suam ita datam esse concedo Quòd si ipse praeventus vel armis vel infirmitate pecuniam suam nec dederit nec dare disposuerit Vxor sua sive liberi aut parentes legitimi homines ejus pro anima ejus eam dividant sicut eis meliùs visum fuerit Si quis Baronum vel haminum meorum foris-fecerit non dabit vadium in misericordia pecuniae suae sicut faciebat tempore patris vel fratris mei sed secundum forisfacturae modum nec ita emendabit sicut emendasset retrò tempore patris mei Quòd si perfidiae vel sceleris convictus fuerit sicut erit culpa sic emendet Murdra etiam retra ab illa die qua in Regem coronatus fui omnia condono Et ea quae amodo facta fuerint juste emendentur secundum lagam Regis Edwardi Forestas Communi Consilio Baronum meorum in manu mea ita retinui sicut pater meus eas habuit Militibus qui per Loritas terras suas defendunt terras dominicarum carucarum suarum quietas ab omnibus geldis omni opere proptio dono meo concedo Ut sicut tam magno gravamine alleviati sunt in equis armis se benè instruant ut apti parati sint ad servitium meum ad defensionem regni mei Pacem firmam pono in toto regno meo teneri amodò praecipio Lagam Regis Edwardi vobis reddo cum illis emendationibus quibus pater meus eam emendavit Consilio Baronum suorum Si quis aliquid de meo vel de rebus alicujus post obitum Regis Willielmi fratris mei cepit totum citò reddatur absque emendatione si quis inde aliquid retinuerit ille super quem inventum fuerit graviter mihi emendabit Testibus Mauritio Londoniensi Episcopo Willielmo Wintoniensi electo Gerardo Herefordensi Episcopo Henrico Comite Simone Comite Waltero Giffard Comite Roberto de Monte Forti Rogero Bigod aliis multis There are to be found in Matthew Paris Two distinct Copies of this Charter according to the Citations above in the Margin in one of which Hugo de Bocland is said to be Sheriff of Herefordshire and the Chart is directed To the French and English of that County in the other he is said to be Justiciary of England and the Chart is directed To the French and English in Hertfordshire by mistake I suppose for Herefordshire of which his being Sheriff and Justiciary of England at the same time in those days might be very consistent He was a Order Vital f. 805. B. A. D. 1101. Norman and an Order Vital f. 805. B. A. D. 1101. Ordinary Man and Order Vital f. 805. B. A. D. 1101. raised to this great Preferment by Henry the First There were so many Mat. Paris f. 56. n. 30. Copies of this Charter as there were Counties in England and by the Kings Command were kept as a Record or Monument in some one Abby therein And it was only a Relaxation of the strict rigid Feudal Law in many points See the Answer to Argumentum Antinormanicum f. 265. C. c. REx Vicecomiti Somerset Dorset c. Rot Pat. 15. Johan p. 2. M. 8. Dors Tibi praecipinius quod sine Dilatione ex parte nostra praecipias Roberto de Berkeley Rogero de Penton Osberto filio Willielmi quod omni occasione post N. 103 posita veniant ad Diem locum quos Dominus Episcopus Bathoniensis tibi scire fecerit ad audiendam Inquisitionem de ablatis Damnis Episcoporum Clericorum et omnium virorum Ecclesiasticorum et aliorum Negotium Ecclesiae contingentium Note This Writ was issued on behalf of the Bishop of Bath who had been beyond Sea with the Archbishop not long after the Kings Absolution in pursuance of the Oath he then took Faciendam Coram Clericis Domini Cantuariensis Archiepiscopi quos ad hoc per literas suas patentes assignaverit Et summone ex parte nostra omnes illos de Balliva tua qui Custodiam vel aliquam Ballivam habuerunt de Rebus Ecclesiasticis à Tempore Mote Discordie inter nos Clerum Angliae quod tunc coram praedictis Clericis Domini Archiepiscopi Compareant ad praedictam Inquisitionem audiendam Teste meipso apud Northampton 31 Die Augusti And then there were these Inquisitors appointed in every Bishoprick in Archiepiscopatu Cantuar. Galfridus fil Petri Comes Essex Simo de Pateshull in Episcopatu Wintoniensi Willielmus Briwere Rogerus de Scures Walt. de Aundely in Episcopatu Exoniensi Richardus Flandrensis Eudo de Bello Campo Robertus de Alba Marla in Episcopatu Elyensi Comes Roger. le Bigod Robertus Pikot Robertus de Burnvill in Episcopatu Wigornniensi Petrus silius Herberti Willielmus de Ardern in Episcopatu Bathoniensi Robertus de Berkeley Osbertus filius Willielmi Rogerus de Penton in Episcopatu Cestrensi Thomas de Estleg Willielmus de Waur in Episcopatu Norwicensi Galfridus de Aumbly Willielmus fil Rocelini Philippus de Burnham in Episcopatu Landavensi Richardus Flandrensis de Glamorgan Walterus Culye in Archi-Episcopatu Eboracensi Jordanus Foliot Johannes de Birkin in Prioratu Cantuariensi Math. filius
capiemus bosoum alienum ad castra vel agenda nostra nisi per voluntatem ill us cujus Boscus ille fuerit No proper Cart of any Ecclesiastic Person or Knight or Lady shall be taken by our Officers neither shall We or our Officers or others take any other Mans Timber or Wood for our Castles or other uses unless by the consent of the Owner XL. Nos autem non tenebimus terras eorum qui convicti fuerint de Felonia nisi per unum annum unum diem tunc reddantur terrae Dominis feudorum We will hold the Land of those which are Convicted of Felony but one year and one day and then they shall be rendred to the Lord of the Fee XLI Omnes Kidelli de caetero deponantur penitùs per Tamisiam per Medewisiam per totam Angliam nisi per costam maris All Weres for the future shall be destroyed in the Rivers of Thames and Medwey and through all England unless upon the Sea-Coast XLII Breve quod vocatur Praecipe de caetero non fiat alicui de aliquo tenemento unde liber hâ—mo perdat causam suam The Writ which is called Praecipe for the future shall not be granted to any one of any Tenement whereby a Free-Man may lose his Cause or rather his Court Vnde liber homo possit amittere This Writ seems to have been such as would take the Cause or Tryal of Right out of the Lords Court where all Titles of Right were antiently Tryed and this Liber homo was a Lord of a Maner that was in danger to lose his Court by this Writ by having Tryals of Right taken from it Curiam suam in MSS. Collegii Corp. Christi Cantab. XLIII Vna mensura vini cervisiae sit per totum regnum nostrum una mensura bladi scilicet quarterium Londinense Et una latitudo pannorum tinctorum russeccorum haubergetorum scilicet duae ulnae infra listas De ponderibus vero sit ut de mensuris There shall be one Measure of Wine and Ale through our whole Kingdom and one Measure of Grain that is to say the London-Quarter And one Breadth of Dyed Cloaths and Russets and Haberjects that is to say Two Ells within the Lists and the Weights shall be as the Measures XLIV Nihil detur In the same Manuscript vel capiatur de cetero pro brevi inquisitionis ab eo qui inquisitionem petit de vita vel membris sed gratis concedatur non negetur Nothing shall be given or taken for the future for a Writ of Inquisition from him that desires an Inquisition of Life or Limbs but it shall be granted gratis and not denyed XLV Si aliquis teneat de nobis per feudi firmam vel socagium vel bungagium de alio teneat terram per servitium militis nos non habebimus custodiam haeredis vel terrae suae quae est de feudo alterius occasione illius feudi firmae vel socagii vel Burgagii nec habebimus custodiam illius feudi firmae vel socagii vel burgagii nisi ipsa feudi firma debeat servitium militare If any one holds of us by or in Fee-Farm Soccage or Burgage and holds Land of another by Military Service We will not have the Wardship of the Heir or Land which is of or belongs to another Mans Fee by reason of what he holds of us in Fee-Farm Soccage or Burgage Nor will we have the Wardship or Custody of that Fee-Farm Soccage or Burgage unless the Fee-Farm is bound to perform Military Service XLVI Nos non tenebimus custodiam haeredis vel terrae alicujus quam tenet de alio per servitium militare occasione alicujus parvae Serganteriae quam tenet de nobis per servitium reddendi cultellos vel sagittas vel hujusmodi We will not hold the Wardship of an Heir or any Land which he holds of another by Military Service by reason of any petit or small Serjeanty he holds of us by the service of giving us Daggers or Arrows or the like XLVII Nullus Ballivus ponat aliquom de caetero ad legem nec â—d juramentum simplici loquela sua sine testibus fidelibus ad hoc inductis No Bayliff or Officer for the future shall bring any Man under the Sentence of the Law nor to his Oath i. e. Purgation or Canonical Purgation by his Oath upon his single Accusation or Testimony without Credible and honest Witnesses produced to prove it XLVIII Nullus liber homo capiatur vel imprisonetur aut disseisietur de aliquo libero tenemento suo vel libertatibus vel liberis consuetudinibus suis aut utlagetur aut exulet aut aliquo alio modo Q. Whether not destruatur destituatur nec super eum ibimus nec eum in carcere mittemus nisi per Legale judicium parium suorum vel per legem terrae No Freeman shall be taken or imprisoned or disseised of his Free Tenement or Liberties or Free Customs or Out-lawed or Banished or any way destroyed nor will we pass upon him or commit him to Prison unless by the Legal Judgment of his Peers or by the Law of the Land i. e. by Legal Process c. XLIX Nulli vendemus nulli negabimus aut differemus rectum vel justitiam We will not sell to any Man we will not deny any Man or delay Right or Justice L. Omnes Mercatores nisi publice prohibiti fuerint habeant salvum securum There wants the word Conductum exire de Anglia venire in Angliam morari ire tam per terram quam per aquam ad emendum vel vendendum sine omnibus toltis malis per antiquas rectas consuetudines praeterquam in tempore Werrae si sint de terra contra nos Werrina All Merchants unless they be publickly prohibited shall have safe and secure Conduct to go out of and come into England and to stay there and pass as well by Land as by Water to Buy and Sell by the antient and allowed Customs only without any Male-tolts i. e. Illegal Exactions except in Time of War or when they shall be of any Nation in War with us LI. Et si tales inveniantur in terra nostra in principio Warrae attachientur sine damno corporum vel rerum donec sciatur à nobis vel à capitali Justitiario nostro quomodo Mercatores terrae nostrae tractentur in terra contra nos Werrina Et si nostri salvi sint ibi alii salvi sint in terra nostra And if there be found such Merchants in our Land in the beginning of a War they shall be attached or secured without Damage to their Bodies or Goods while it may be known from us or our Chief Justitiary how our Merchants are dealt with in that Nation in War with us and if ours be safe there they shall be safe in our Land LII Liceat unicuique de
the Kings when allowed f. 79. A. Of Treason f. 299. E. To the Pope when first used in England f. 295. C. One by the Dean of London Ibid. D.E.F. By the Arch-deaconry of Middlesex f. 296. lin 1. By the Clercs of the Church of York Ibid. A. B. By Theobald Arch-Bishop of Canterbury Ibid. D. Appeals why so easily allowed at this time by the King f. 296. F. How punished by Henry the Second f. 396. F. Aquitain pawned to William the Second by Duke Robert f. 224. C. William de Archis taketh Arms against William the Conqueror f 187. A. B. His submission and is received into Favour Ibid. Areani who they were and their Office f. 36. C. F. Arianism creeps into Britain f. 34. F. Armatura what it was f. 47. F. Aron A Jew severely fined for falsifying a Charter f. 604 A. Arthur Nephew to King Richard declared his Heir f. 428. E. The Norman Nobility adhere to him f. 461. E. He is reconciled to King John and made Governour of Mans f. 464. A. He doth Homage to King John f. 465. A. B. He besieged Queen Alienor is defeated and taken Prisoner f. 471. A. B. C. His Demands of his Vncle King John Ibid. E. He was sent Prisoner to Roven and never more heard of Ibid. F. Artificers of all Sorts in the Roman Army f. 5. F. Arx Brittannica what it was f. 12. F. Assise what f. 164 B. Of Arms appointed by Henry the 2d f. 337. A c. Atacâ—ts who they were f. 35. B. F. Edgar Atheling kindly treated by William the Conqueror f. 191. B. He is Assisted by the Danish Fleet and Northumbrians f. 195. B. Athelstane obteined many Victories over the Danes Scots Irish and Welch f. 118. B. C. Foreign Princes purchase his favour with gifts Ibid. D. How he valued every mans Life f. 119 A. c. Augustin sent from Rome to convert the Saxons f. 101. A. How he approached King Ethelbert what Answer he received and what Habitation was assigned him Ibid. C. D. F. He was Ordained Arch-Bishop of England f. 102. l. 3. The Questions he sent to Pope Gregory and Answers he received from him Ibid. B. C. D. E. He was impowred to ordain an Arch-Bishop and Twelve Suffragan Bishops f. 103. l. 1. The British Bishops oppose him Ibid. A. B. C.D. His Death f. 104. A. Augustin an Irish man made Bishop of Waterford by H. 2. f. 365. B. Augustus attempted nothing upon Brittany f. 10. E. Ayds Capital how many f. 166. B. B BAldwin de Redvers fortifieth Exeter Castle against King Stephen f. 274. A. He is defeated his Lands Seized and he banished Ibid. B. Baldwin Arch-Bishop of Canturbury accompanied King Richard to the Holy Land f. 427. f. His death at the Siege of Acon f. 428. f. Hugh Balesham chosen Bishop of Ely against the Kings recommendation f. 620. A. Hugh Bardolphs Demands of the Bishop of Durham f. 445 C The Bishops Answer to him Ibid. E. Barony a name of Office and when first hereditary f. 81. B. Barons refuse to obey King John unless their rights were restored f. 469. D. They confederate against him f. 488. B.B. f. 494. A. B. Their Oath and Demands Ibid. C.D.E. They meet at Stamford their Names f. 495. B. C. D. What Laws and Libertis they desired Ibid. E. F. They choose Robert Fitz-Walter their General f. 496. A. They threaten ruin to such as adhered to the King Ibid. C.D. They meet the King and obtein their desires f. 497. A. c. 25 appointed to see the peace and Liberties observed and kept f. 498 A. Their Names and Oath they took Ibid. E. F. All to be imprisoned that refused to obey them f. 499. E. What Caution they exacted of the King for performance of his Grants Ibid. F. They call London their Receptacle f. 500. F. They Despise the Popes Letters and consult how to secure London f. 502. F. They are Excommunicated by the Pope f. 503. D. 506. A. Their Castles taken and Estates spoyled by the King f. 505. D.E. They choose Prince Lewis for their King and send Hostages for his Security f. 507. A. B. They do Homage and fealty to him f. 510. l. 4. Their success in Norf. Suff. and Cambridgeshire c. f. 514. A. How Prince Lewis designed to deal with them Ibid. E.F. They repent of their Treasons but despair of pardon f. 515 A. They persue the King from place to place f. 516. A. What moved them to return to their Obedience f. 517. B. They are doubtful whether they should adhere to Henry 3d or Prince Lewis f. 524. A. Many of them return to their Allegiance f. Ibid. C They refuse to deliver up their Trusts to the King when he was of age f. 533. C. They take Soutage of their Tenents by the Kings Grant f. 534. f. They of Normandy Britany Poictou and Anjou do their Homage to young Lewis King of France f. 540. B. They of England and Richard Earl of Cornwall confederate against King Henry Ibid. f. They demand Restitution of their Charters f. 541. l. 4. They refuse to obey the Kings Summons upon pretended fears of Strangers f. 554. D. E. Their insolent Message to the King Ibid. F. They come armed to London f. 555. B. The Reply they made to the Kings Demands f. 566. B. They come armed to London to meet the King f. 569. f. They oppose the Kings Engaging in a War with France f. 582. B. Their reasons against it at that Juncture Ibid. D. E. Their Answer to the Kings Demand of an Ayd f. 590. C. They treat separate from the Clergy Ibid. D. Their Complaints to the King and requests Ibid. E.F. How they would have the Government managed f. 591 l. 1 Their project of a new Government Ibid. B. They deny the King an Ayd against the Welch Rebels f. 592. C. They deny him an Ayd in a Parlement at London f. 600. f. They reprove him for Miscarriages and deny him money f. 601 A. D. f. 615. F. They favor Monfort Earl of Leicester and reflect upon the Gascoigns f. 609. D. They Demand to choose the Justiciary Chancellor and Treasurer f. 614. B. Their reason against the Kings undertaking an expedition into Sicily f. 616. B. c. They deny the King Assistance f. 624. l. 2 Their complaints against him Ibid. A Their proposals to him at Oxford and his Grant Ibid C.E.F. They came Armed thither f. 625. A. B. 24 chosen to correct what was amiss in the Government Ib. CDE What they required of the King f. 626. B.C. What Parlements they ordeined should be holden Ibid. E.F. They quarrel with the King about his Brothers c. f. 628. D. They choose the Justiciary Ibid. E. Their Oaths of Confederacy f. 629. A c. Their Practices to enrich themselves f. 630. F. Their Letter to the Pope to excuse themselves f. 631. A. Their Complaints against the Kings half Brothers f. 632. C. D. Several of them sent
his Character and great Courage f. 15. B. C. D. He was delivered Prisoner to Ostorius with his Wife and Daughter f. 16. A. They are carried to Rome and honourably treated and set at Liberty by Claudius Ibid. C. Cattuellani who they were f. 12. D. Celts who they were f. 33. C. F. Cenemagni who they were f. 10. lin 2. Champion from whence derived f. 150. E. Chancellor his Office in elder times f. 152. F. Charta Magna de Foresta when granted f. 497. C. To be read in all Bayliwics f. 499. B. Charter of Liberties to be commanded to be observed f. 528. E. None to be sealed with the Kings Great Seal till he was of Age f. 529. A. Of Liberties and Forests granted by King Henry the Third f. 535. B. Both solemnly confirmed f. 611. B. C. Hugh de Chaumont taken Prisoner by King Richard's Domestic Servants f. 453. E. Earl of Chester threatned King Henry the Third and Justiciary Hubert f. 533. D. He would not permit any Religious within his Jurisdiction to pay any thing to the Popes Collector f. 543. A. He was left General of Henry the Thirds Army in France f. 545. E. He made inroads into Anjou and Normandy Ibid. F. He defeats the French Kings Designs f. 546. E. His Reply to King Henry's Demand of an Aid f. 548. B. He dissuaded the King from his severity to Hubert de Burgh his Justiciary f. 551. A. Christian Religion not planted in Britain in Tiberius Nero's time f. 11. B. When first planted in this Kingdom and by whom f. 17. E. F. Christians persecuted throughout the Empire f. 32. D. E. Chrysantas Bishops of Constantinople made Vicar of Britain f. 38. F. Cincia Daughter to the Earl of Provence Married to Richard Earl of Cornwall f. 588 F. She is brought to Bed of her Son Edmund f. 603. A. Cistercian Monks denied King Henry the Third one years profit of their Wooll f. 587. F. They compound with King Richard for their Wooll f. 442. C. Clamores Populi what f. 334. E. Gilbert de Clare Earl of Glocester deserted S. Montfort Earl of Leycester f. 650. C. He raises an Army and enters London f. 662. C. He demands the Tower but is denied Ibid. E. He sues for Peace and obteins it Ibid. F. What Security he gives for his good behaviour f. 663. A. Clarendon Statutes made there by Henry the Second f. 326 c. and 382. B. Claudius chooseth Britain for his Province f. 12. A. His Victory over the Britains and is Saluted Emperor f. 13. D. E. His Triumph and the Honors done him f. 14. A. His kind Reception of Cataractus f. 16. C. He was surnamed Britannicus f. 13. F. He sent Aulus Diclius his Lieutenant into Britain f. 17. A. Clement the Fourth chosen Pope f. 654. C. He granted to King Henry the Third a Tenth for three years on all Ecclesiastical Revenues f. 663. B. C. Clergy of Berkshire refuse to comply with the Popes Legat f. 576. C. Their Reasons against paying any Money to him Ibid. D. Their Jurisdiction in England restrained by Henry the Third f. 599. D. E. Italian and Roman their yearly Revenues in England f. 592. F. f. 610. A. Clergy-men Judges and Lawyers in the Conquerors time f. 154. E. F. They were first brought under Military Service by him f. 212. A. Exempt from Lay-Courts f. 169. A. Not to give Judgment in Life or loss of Member f. 215. B. A Canon for their Security against the Rapine of Soldiers f. 295. A. Their Insolence and Wickedness in Henry the Second's time f. 380. F. 381. F. and 182. All such as adhered to Prince Lewes were to be banished f. 528. D. All that were beneficed to pay a Fifteenth to the King f. 539. E. All the Italian Clergy plundred of their Corn and Money f. 548. D. Clerus Populus Who f. 395. A. Clodius Albinus made Governor of Britain f. 29. B. Cnute chosen King by the Bishops and Abbats f. 126. C. His Success against Edmund Ironside f. 127. A. He surprizeth the Witnesses to the Agreement between them Ibid. B. C. His endeavors to ingratiate himself with the English f. 128. A. B. C. He built Bury-Abby Ibid. D He gained Norway by Bribes Ibid. E. His great Justice in some things Ibid. F. The Constitutions and Laws he enforced and made f. 129. B. C. D. He divided his Kingdom among his Sons Ibid. Miles Cogan made Governor of Dublin f. 357. C. He overthrew and beheaded Hasculf Ibid. D. He was made Constable of Ulster f. 369. C He was treacherously slain f. 371. A. Richard his Brother succeeded him Ibid. D. Cogidunus a Britain confederated with the Romans f. 15. A. Sir Edward Coke his Assertion about the Norman Law groundless f. 180. D. William de Coleingham his Courage and Fidelity f. 511. lin 4. Comes a Title of great Honor and Office f. 80. E. Comes Britanniae who he was f. 41. D. Littoris who he was f. 42. lin 1. and E. What Soldiers and Garrisons under his Command f. 42. B. He was a Judge in the German Laws f. 79. E. Commodus the Emperor Strangled by Narcissus f. 29. C. Community of the Clergy and Laity sent Letters to the Pope and Cardinals about Exactions f. 598. A. B. C. They choose twelve to represent them in Parliaments f. 627. A. C. The Names of the Twelve Ibid. D. E. Conradus Salicus his Constitution about Fees f. 73. lin 1. Conservators of the Peace appointed by Henry the Third while he was S. Montforts Prisoner f. 642. D. They summon four Knights from every County Ibid. F. They choose the Kings Counsellors and great Officers f. 644. A. And displaced them at their pleasure Ibid. B. Constantine the Great how he Governed the Empire f. 33. C. He drew the Garrison off from the Frontiers Ibid. D. He called two Councils at Arles and Nice Ibid. E. He divided the Empire between his Sons f. 34. lin 4. The Junior murdered f. 34. A. Constantin a Citizen of London Author of a great Riot there f. 530. E. His insolent Answer to the Kings Justiciary f. 531. lin 3. He and two more Executed Ibid. A. Constantius Clorus sent into Britain against Carausius f. 32. A. He burnt his Ships after his landing and defeated Electus Ibid. C. He gave Christians free Exercise of their Religion Ibid. F. His Death at York f. 33. lin 1. Convention or Council of the Great Men at Oxford f. 276. lin 1. A general one at London and who called to it f. 291. F. Of Bishops and Chief Men at Wallingford f. 299. B. Of the Bishops and Chief Men at Roven f. 304. A. Of the Bishops and all the Chief Men at London f. 309. F. Of Bishops Earls and Barons at Northampton f. 324. F. Of Arch-Bishops Bishops Earls and Barons at Windsor f. 333 E. Of Bishops Abbats Earls Barons Clerks and Laics at Gamlington f. 343. E. At Northampton and who were the Constituent parts f. 441. D. At
Ibid. His great Strength at Sea Ibid. D. He enjoyned the Welch a Tribute of Wolves Ibid. C. Eight Kings swear Fidelity to him Ibid. E. His inordinate Lust punished by seven years Penance Ibid. F. He built and repaired forty seven Monasteries f. 122. A. Edlingi who they were f. 82. B. Edmund King of the East Angles slain by the Danes f. 113. E. Brother to Athelstan his success against the Danes f. 120. A. He made many Ecclesiastical Laws Ibid. B. He was unfortunately slain by a Thief Ibid. C. D. Edmund Ironside set up by the Londoners f. 126. D. He was totally defeated by Cnute f. 127. A. Edmund Arch-bishop of Canturbury f. 559. D. He opposed the Popes Legats Demands but at length consented to them f. 575. E. He passed over Sea to Pontiniac Ibid. F. His Death f. 577. lin 1. Edmund the second Son to Henry the Third Invested with the Kingdom of Sicily and Apulia by the Pope f. 615. C. He undertook the Cross f. 664. E. He was Married to Avelin daughter to the Earl of Holderness f. 665. B. Edred subdued the Northumbrians and Scots f. 120. E. Edric his Ingratitude and Treachery to his Prince f. 124. F. His barbarous advice to Cnute f. 127. F. He is put to Death f. 128. B. Edward the Elder fought the Danes with good success f. 117. D. He confirmed the League with Godrun and Enacted many Ecclesiastical Laws f. 118. A. Edward the Younger Murdered by his Mother in Law Elfred f. 122. E.F. Edward the Confessor made King f. 130. E. His unkindness to his Mother and Marriage with Earl Goodwins Daughter f. 131. A. The Encouragement he gave the French Ibid. B. C. The English murmur against their Preferments Ibid. D. He sent his Queen into a Nunnery f. 133. A. The difference between him and Earl Goodwin composed and his Queen again received Ibid. E. F. He declared William Duke of Normandy his Successor f. 135. A. Prince Edward Eldest Son to Henry the Third born f. 572. C. The Londoners swear Allegiance to him f. 575. A. He was made Governor of Gascoigny and received their Homage f. 608. A. B. He was Married to Alienor Sister to the King of Spain f. 613. A. His return into England and adhered to the Barons fol. 637. B. C. He was made Prisoner by Montfort f. 640. C. He was sent to Dover Castle f. 642. lin 2. He purchased his Liberty but continued a Prisoner at large f. 649. B. D. He made his escape and raised Forces f. 650. E. His Father declared him a Rebel f. 651. C. He Surprised and Defeated Simon Montfort f. 652. A. B. C. He and his Brother Edmund are signed with the Cross f. 664. E. His preparation for the Holy Land f. 665. C. He was kindly received by the King of France at Tunis Ibid. F. He escaped a great and dangerous attempt upon his Life at Acon f. 666. B. C. Edwin King of Northumberland converted and then he built York Cathedral f. 104. B. 105. A. Edwin ejected the Monks out of Monasteries and brought in Seculars f. 120. F. Egbert first Monarch of the Saxon Heptarchy f. 110. B. He vanquished the Danes f. 111. A. He gave the Name to England Ibid. B. Peter Egeblanck Bishop of Hereford his project to supply Henry the Third with Money f. 615. A. B. He puts it in Execution f. 619. A. Ely Isle defended against William the Conqueror f. 196. C. D. The Abbat and Monks submit upon Terms Ibid. E. F. The Bishopric erected out of Lincoln f. 264. lin 2. The Churches Plea for Recovery of Lands f. 141. lin 1. Bishop William Chancellor to Richard the First and Chief Justiciary f. 425. A. F. He was made Legat f. 426. A. He made the Ditch about the Tower of London Ibid. B. He levied an Aid for the Kings use and displaced the Sheriff of York and punished the Citizens and Military Tenants Ibid. D. E. A great difference between him and Earl John the Kings Brother f. 429. A. His haughtiness Ibid. B. He imprisoned Geofry Arch-bishop of York f. 432. E. He was summoned to appear in the Kings Court but refused Ibid. F. A Skirmish between his and Earl Johns Retinue f. 433. A. He was charged with great Misdemeanors and deposed from his Chancellorship Ibid. B. C. The different Characters of him f. 434. A. B. C. His Bishopric seized to the Kings use Ibid. F. He hath only the Character of the Kings Messenger f. 437. C. Ely Isle taken and plundred and the Cathedral redeemed from burning by the Prior f. 506. F. The disinherited Barons secure themselves in it f. 657. F. Emme Mother to Edward the Confessor put to the fire Ordeal f. 133. B. The truth of the story questionable Ibid. C. England by whom so called f. 111. B. Divided into Shires Hundreds and Tythings f. 116. E. English Church Government Independent of the Roman See f. 88. A. The Popes Confirmation of several Donations no Argument of his Jurisdiction here Ibid. B. Three Objections against this Assertion answered Ibid. C. English Lands how divided and subdivided f. 159. C. D. E. Eorpwald King of the East-Angles converted to Christianity F. 105. B. Ermin-street f. 49. lin 2. Henry de Essex his Cowardise f. 299. D He was accused of Treason by Robert Montfort His punishment Ibid. E. Essoins in what Cases allowed f. 166. C. Ethelbald conspired against his Father and divided the Kingdom with him f. 112. D. E. His Luxury f. 108 B. Ethelbert his Laws made after the Roman Example f. 59. D. He received the Christian Faith f. 102 103. Ethelmar recommended by King Henry the Third to the Bishopric of Durham f. 602. E. He was chosen Bishop of Winchester with great reluctancy f. 604. B. C. His Election confirmed by the Pope f. 605. E. He was forced out of England by the Barons f. 628. E. His return denied and his Bishopric seized f. 635. B. F. Ethelred the Third Son of Ethelwolph fought the Danes nine times in one year f. 114. A. Ethelred the Son of Edgar by Elfrid an easie and unactive King fol. 123. A. He was betrayed by the Nobility and bought his Peace with the Danes Ibid. E. F. He with his Queen and Sons fled into Normandy fol. 125. A. B. He was recalled by the English and joyfully received Ibid. C. His whole Race abjured by the Bishops and Abbats f. 126. C. Ethelwolph granted the Tithes of all England to the Church fol. 112. A. B. All the Kings and Nobility of England subscribed it Ibid. C. He gave 300 Marks yearly to Rome f. 113. lin 4. Evesham Battle between Prince Edward and S. Montfort f. 652. C. Eustace Earl of Bulloign maketh a visit to Edward the Confessor f. 132. A. Eustachius Son to King Stephen his death f. 292. F. Exchequer English the same with the Norman f. 160. E. Common Pleas holden there f. 61. A. Who Judges and Assessors and the diversity of Pleas used there Ibid. B. Normans first sate
England with his Queen f. 469. A. His Barons demanded Restitution of their Rights Ibid. B. C. D. His Design upon the Poictovins defeated f. 470. A. His Grant of a Relief to the holy Land Ibid. E. He denied the King of France his Demands Ibid. F. He made a legal Assise of Bread to be observed f. 471. F. His Luxury and Negligence f. 472. B. C. His Nobility left his Court Ibid. D. He accused and taxed them for deserting f. 473. A. He denied Relief to his Transmarine Subjects f. 474. A. He lost Normandy Tourain Anjou and Poictou Ibid. His Policy to get Money Ibid. B. His Success in Poictou and a Truce for two years agreed fol. 475. C. D. He caused a thirtieth part to be levyed on all his Subjects Ibid. F. He was displeased at the Election of Stephen Langton fol. 476. D. His resolute Letter to the Pope Ibid. F. The Pope threatned to interdict him f. 477. C. D. His condescention to receive Steph. Langton Arch-bishop Ib. F. He threatned the Bishops and Prelates f. 478. lin 3. His Kingdom of England Interdicted Ibid. A. B. His Treaty with the Bishops Ibid. C. D. E. His revenge upon all Ecclesiastics f. 478. F. He seized their Temporalties and Goods f. 479. A. B. C. His kindness to such as did not comply with the Interdict Ib. D. E. He required Pleges of his great men for their Fidelity Ibid. F. His Agreement with the King of Scots and the Terms f. 480. A. He received the Homages of all above 12 years old Ibid. B. He seized on the Bishopric of Lincoln and forced all Church-men to compound f. 481. A. B. His Expedition into Wales Ibid. E. His willingness to receive the proscribed Bishops Ibid. E. His Subjects absolved from their Allegiance f. 482. A. He hanged up the Welsh Hostages Ibid. C. A Conspiracy against him discoved Ibid. D. E. His dissoluteness f. 483. A. He was Deposed by the Pope and Philip of France Commissioned to Execute it Ibid. C. D. His preparation to oppose King Philip f. 484. C. D. His Submission to a form of Peace drawn by the Pope f. 485. A. c. He sent for the Exiled Bishops and made his Submission to them f. 486. E. F. His Oath at his Absolution f. 487. A. He caused inquiry to be made into the Bishops Damages Ibid. B. 491. C. His great men refuse to obey his Summons Ibid. D. His Endeavors to reduce them hindred by the Archbishop f. 488. A. His offer to turn Mahometan a malitióus Calumny Ibid. f. His large offers to the Clergy f. 489. B. 490. A. He renewed his Subjection to the Pope f. 489. D. E. He held his Kingdoms of England and Ireland in Fee of the Pope and what Annual Rent he paid to him f. 485. D. E. His Success beyond Sea f. 491. D. E. The Conditions on which the Interdict was released f. 492. A. D. He would have fought Prince Lewis but his Barons of Poictou refused f. 493. A. B. His English Barons Confederacy and Demands 494. A. c. Homage renewed to him in England and he was Signed with the Cross f. 495. A. He refused to grant his Barons Demands Ibid. F. They most of them desert him f. 496. D. His grant of Magna Charta and Charta de Forestea f. 497. C. He granted the Clergy might choose their Prelates and go over Sea when they pleased Ibid. D. E. 25 Barons chosen to see he observed these Charters f. 498. D. F. His Command to his Sheriffs and other Officers to obey them f. 499. A. B. C. The Caution he gave for the observation of what they did Ibid. F. He sent to the Pope to void this Engagement f. 500. C. D He again put himself under his protection f. 501. B. C. He made the Pope Vmpire between him and his Barons and owned his Kingdom to be St. Peters Patrimony f. 502. A. B. Rochester Castle Besieged and yielded to him f. 503. A. B. He wasted his Rebellious Barons Estates f. 504. E. F. His great Successes against the Barons f. 405. A. D. E. F. He is charged with inhumanity by Mat. Paris Ibid. B. C. He could not hinder Prince Lewis from Landing f. 509. f. His Envoys argument for him before the Pope against Prince Lewis his Commissioners f. 512. A. c. He raised an Army to oppose him f. 514. B. C. He secured his Treasure at Lyn f. 515. C. What marches he took every day a Month before he Dyed Ibid. D. E. F. He was joyfully received at Lyn and gave them a Cup and the Sword from his side f. 516. C. He lost all his Carriages and Regalia in the Washes Ibid. He was taken ill of a Fever and Dyed at Newark f. 517. A. He caused the English Laws and Customes to be observed in Ireland f. 519. A. Church Affairs in his time Ibid. D. E. Taxes in his Reign f. 520. His Issue Lawful and Natural f. 521. John Prior of Canturbury chosen Arch-bishop by the Convent fol. 549. C. He went to Rome and renounced his Election Ibid. Frier John sent into England by the Pope to be his Collector f. 598. E. He sent to the Pope for Additional Powers f. 600. B. Joseph of Arimathea his coming hither an improbable Story f. 20. D.E.F. Irish Clergy held a Council at Ardmah f. 356. F. They Decreed English Slaves should have their Liberty fol. 357. lin 3. Their Princes and Clergy submit to Henry the Second and swear Fealty to him and his Heirs f. 360. A. B. What encouraged them to endeavour to cast off the English Yoke f. 361. E. F. Their unanimous Insurrection against the English f. 362. D. They submit to the Government of Hugh de Lacy f. 371. B. The Chief Adventurers in the Conquest of them f. 375.376 Their endeavour to extirpate the English defeated f. 544. F. The same Customs to be observed there as in England f. 673. C. A free Trade setled between them and the English Ibid. F. The Statutes of Merton to be observed there f. 674. lin 2. English Laws no advantage to them Ibid. C. Isabel Sister to Henry the Third Married to Frederic the Emperor f. 562. F. Her Portion Ibid. Italians sent hither by the Pope to be beneficed f. 602. lin 2. and 575. F. The Revenues of their Churches to be paid to the Barons Receivers vid. Clergy f. 636. B. Itius Portus where it was f. 6. F. Julian the Apostate durst not venture into Britain f. 34. E. He was made Emperor f. 35. lin 5. Jurisdiction Feudal and Commissions what f. 161. E. Justiciary of England who the first f. 151. B. His Office and Power above the Chancellor f. 153. A. Barons not to be impleaded but before him Ibid. C. What remains of this Dignity and Power at present Ibid. D. This Office and Name from Normandy the same with Seneschal his great Power and Authority Ibid. E. When this great Office determined f. 154. A.B. Justiciaries of the Kings Bench and
He forced the King to own whatever he did f. 646. A. He marched about the Kingdom with a Body of Horse f. 647. B. And carried the King about with him f. 648. D. What provision he made for himself and Family Ibid. E. The whole Government managed by him Ibid. F. He disgusted the Earl of Glocester f. 649. F. He was overthrown by Prince Edward and slain f. 652. C. D. His Character by Rishanger f. 653. A. A discovery of his Villanous practices f. 653. A. None to call him Saint f. 659. B. Simon Montfort His Son submitted himself to the Kings pleasure f. 655. A. B. Morcar taken Prisoner f. 197. A. Morgages where entred f. 79. C. Registred in Counties and Hundreds f. 146. A. B. William Earl of Mortain demanded the Earldom of Kent of Henry the First f. 241. F. He joyned with Duke Robert and Robert de Belism fol. 242. lin 3. All his Estate in England seized and his Castles demolished Ibid. A. He was taken Prisoner and sent into England f. 243. A. Hervey Mount-Maurice his Cruel Policy f. 356. A. Roger Mowbray erected a Fortress in the Isle of Axholm f. 316. F. It was demolished by Geofry Elect of Lincoln f. 318. C. Fitz Murchard vid. Dermot Murder how punished by the Saxon Laws f. 62. D. F. f. 119. A. Murdrum used in the German Laws when first used in the English Laws f. 62. E. N. NAnts yielded to King Henry the Second f. 300. E. Neat-land what it was f. 67. F. Ralph Nevil Bishop of Chichester Chancellor to Henry the Third refused to deliver the Seal when demanded by the King f. 564. F. He was chosen Bishop of Winchester and his Election voided at Rome f. 571. B. C. He was invited by the King to resume his Office of Chancellor but he refilsed f. 572. B. He was received into the Kings favour f. 583. E. Newcastle when and by whom built f. 202. D. Nicholas Bishop of Tusculum sent Legat into England f. 489 A. He took an estimate of the Clergies Damages Ibid. B. He was accused as a favorer of King John Ibid. C. He filled all vacant Churches f. 490. D. E. His Opposition to the Arch-bishop and Bishops f. 491. A His Character of the King Ibid. His Answer to the Religious that sued to him for Restitution f. 492. E. F. Nicholas Bishop of Durham resigned his Bishoprick f. 602. D. Nobility vid. Barons Normans a Miscellaneous People f. 139 C.D. They were Court-Officers and great Ministers of State fol. 152.181 E. They were the Bishops Abbats Priors Judges and Lawyers f. 154. C. D. E. F. Most of our Laws from them f. 155. B. An abstract of their Laws f. 161. D. c. Who antiently were their Judges f. 163. A. What their Exchequer was f. 167. D. How the English were treated by them after the Conquest fol. 192. B. c. Their Lust and Luxury f. 235. A. Norman Bishops in England before the Conquest f. 189. B. Norman Ladies want their Husbands f. 194. D. Norman Nobility favour Duke Roberts Title f. 235. C. D. They petition King Hen. 1. to come into Normandy f. 240. C. They set up William Duke Roberts Son f. 247. C.D. 252. E. F. They submit themselves to King Henry f. 251. A. B. How they executed thâ—ir private Revenges f. 281. D. E. F. Their Soldiers sold the Prisoners thâ—y took f. 282. A. Their submission to the Earl of Anjou and the Empress fol. 288. D. Simon Norman removed from bâ—ing Chancellor by Henry 3d. f. 576. F. Normandy Interdicted by the Arch-Bishop of Roven and the Occasion f. 453. D. The Intâ—rdict released f. 454. C. Again Interdâ—cted by the Legat f. 463. C. Northampton taken by Henry the 3d. f. 640. D. C. Norwich Castle yielded to the Conqueror f. 202. D The City burnt by Hugh Bigot f. 318. B. A great Quarrel between the Monks there and Citizens fol. 666. D. E. The Cathedral burnt and the Citizens punished and fired Ibid. Nottingham plundred and burnt f. 318. D. Robert Nunant refused to be Pledge for King Richard f. 440. A. Judgment given against him f. 442. A. He is reconciled to the King and pardoned f. 447. E. O. OAth of Confederaoy of the Barons f. 629. Oaths how and when administred by the Germans f. 147. D.E.F. How valued f. 120. l. 1. Oblations of the People divided into four parts f. 102. B. Octavian sent Legat into France f. 467. A. He admonished King Philip to receive his Queen Ibid. B. C. Odo Bishop of Baieux the Conquerors chief Justiciary f. 151. A. B. He was left Viceroy of England by the Conqueror f. 191. B. C. His Justice and Equity Ibid. F. He was made Earl of Kent f. 198. B. His Treasure seized and he Imprisoned f. 203. D. E. Offa's Ditch where and its extent f. 86. B. He built St. Albans Monastery and gave Peter-pence to Rome f. 109. A. B. Ordeal what it was and the Tryal f. 65. B. When and by whom prohibited f. 147. C. Water Ordeal Established f. 326. B. Orders of Men the same in Germany as in England f. 82. B. Ordericus Vitalis his Account how the Romans treated the English fol. 192. B. c. Ordovices who they were f. 15. F. They were almost Extirpated by Agricola f. 22. E. Peter de Orivallis made King Henry the 3d. his Treasurer f. 549. F. He is removed from his Office and the Court f. 559. E. He is again received into Favour f. 565. l. 1. Ororic Assaulted Dublin but was repulsed f. 359. B. His Treachery and Contrivance to destroy Hugh Lacy f. 361. B. C. His death Ibid. D. Osculum pacis what is was f. 537. E. Ostorius sent Lieutenent into Brittain by Claudius f. 14. B. A Triumph Decreed him at Rome f. 16. D. He died with Grief f. 17. B. Otho sent Legat into England f. 537. B. He declared to the Bishops the Popes demands f. 538. A. Their and the Mareschals Answer to him Ibid. C. D. He is revoked by the Pope f. 539. A. Otho Nephew to King Richard Crowned King of the Romans f. 457. D. Hugh Oto made Governor of London by Henry the 3d. f. 654. B. Otto came Legat into England at the request of Henry the 3d. f. 567. E. He reconciled the Noblemen that were at variance Ibid. F. His design to visit Scotland prevented f. 568. D. E. He was revoked by the Pope but contrived his stay here f. 569 A. His reception and affright at Oxford f. 570. C. D. E. He was again called home but continued upon the Kings request f. 472. A. His great Exactions upon the Clergy f. 573. B. He was refused entrance into Scotland but at last admitted under Conditions Ibid. C. His policy and contrivance to get Money f. 574. E. He demanded a fifth part of the Clergies Goods f. 575. E. His Oppression and Extortion from the English Clergy f. 577. A. The manner of his leaving England Ibid. Ottobon sent Legat into England f. 654. C. He
Wight Ibid. C. He was made Emperor and subdued the Britains f. 22. B. E. Vicount who and his Office f. 162. C. Vicus what it signifies f. 54. F. Villani who f. 206. F. Virgata Terrae what f. 205. C. Ulster granted by King John to Hugh de Lasci f. 518. B. Vniversity of the Kingdom who and their complaint against Papal Exactions f. 593. A. E. The Popes Answer to them Ibid. F. Volusinus sent by Caesar into Britain f. 1. E. Vortigern King of the Britains f. 93. C. He called in the Saxons to assist him against the Scots and Picts f. 94. A. He Married Rowena Hengists Daughter Ibid. D. Urban the fourth chosen Pope f. 636. A. His Death f. 654. C. W. WAles vid. Welsh John Walerand made Custos of the City of London by Henry the Third f. 654. F. Walo or Gualo sent Legat into France f. 508. A. He disswaded Prince Lewis from invading England Ibid. D. King Philip's Answer to him Ibid. His Plea for King John f. 509. A. B. He left France in a Fret Ibid. C. He Excommunicated Prince Lewis and Simon Langton Arch-bishop of Canterbury f. 510. E. He accompanied the Kings Army against Prince Lewis fol. 525. B. C. The encouragement he gave the Soldiers Ibid. E. He refused to absolve the Religious that assisted Prince Lewis f. 527. F. He suspended such and forced them to compound f. 528. l. 1. He returned to Rome f. 530. l. 1. Robert Fitz-Walter chosen General of the Barons f. 496. A. He was named the Marshal of the Army of God and Holy Church Ibid. He subdued Essex and Suffolk f. 511. B. Walter Arch-bishop of Roven Interdicted Normandy f. 453. D. Wambais what f. 337. B. Wans-ditch where f. 86. C. Wards Married to Foreigners f. 598. E. Warham Castle taken by King Stephen f. 288. E. Retaken by the Earl of Glocester f. 289. A. Fulk Fitz-Warin treated the Popes Legat roughly f. 593. B. William Warlewast King William Rufus his Messenger to the Pope fol. 230. E. F. He was sent thither by King Henry the First f. 259. B. His resolute Demands of the Pope Ibid. C. D. He prohibited Anselm to return into England Ibid. F. The King owned and mainteined his prohibition f. 260. B. He is again sent to the Pope f. 261. C. Watling-street where it was f. 49. l. 1 Ways made by the Romans in Britain four in number Ibid. D. E. The privileges that belonged to them Ibid. F. Welch invade England f. 222. F. They joyn with Robert de Belism against Henry the First fol. 238. B. They are subdued by Henry the Second and do him Homage fol. 299. C. D. Their Kings and Noblemen do Homage to Henry the Second f. 330. F. They do Homage of their own accord to King John f. 480. B. They make Incursions into England f. 482. B. Their Hostages hanged up by King John Ibid. C. They made several Incursions and Revolt f. 449. D. 590. A. They were wholly subdued by Henry the Third and received the English Laws f. 605. E. They again revolt invade ravage and spoil the Borders fol. 620. C. D. 621. E. F. They offered a Submission but were refused f. 622. A. What moved them to rebel at this time f. 623. E. They are Reduced and a firm Peace Established f. 663. E. F. David Welch his great Courage f. 363. B. Henry de Wengham chosen Bishop of Winchester but refused it f. 635. D. Weregild what it was f. 62. F. Wexford surrendred and granted to Robert Fitz-Stephen f. 383. A. They besiege Fitz-Stephen in Karrec Castle f. 357. F. They are routed and their Camp spoiled f. 358. B. C. They took Fitz-Stephen Prisoner by a trick Ibid. E. F. Widomar of Limosin found a great Treasure f. 457. E. King Richard demanded the whole of him Ibid. F. Wilfrid Arch-bishop of York displaced by King Ecgfrid f. 88. E. He appealed to the Pope but without success Ibid. He was restored by Alfrid his Son f. 89. A He was again put out and appealed but to no purpose Ibid. He converted the Saxons and Isle of Wight f. 107. A. William Duke of Normandy afterwards the Conqueror but eight years old when the Bishops and Great Men swear Fealty to him f. 186. l. 4. Bastardy accounted no bar to his Succession Ibid. B. His Success against all that opposed or confederated against him f. 187. A. B. C. c. He claimed Anjou 〈◊〉 his I heritance f. 188. C. His Piety Temperance and Justice Ibid. D. E. F. He came over into England f. 133. A. His Message to Harold and his Answer f. 136. A. The Pope espoused his Cause and sent him a Banner Ibid. He was declared Successor to Edward the Confessor f. 135. A. He propounded to his Great Men an Expedition into England f. 136. D. E. The Motives that induced him to undertake it f. 137. A. He landed in Sussex with his Army Ibid. His offer to Harold refused Ibid. C. His Success and great Victory over the English Ibid. D. E. and f. 189. D. The Kentish men and Londoners submit to him Ibid. E. He was Crowned at Westminster by Aldred f. 190. C. He distributed Harolds Treasure to his followers Ibid. D. E. He received the Fealties of Edwin and Morcar and granted them their Possessions f. 191. A. He placed French-men in places of Trust Ibid. He passed into Normandy and took the chief of the English Nobility with him Ibid. B. D. He cajoled both the English and Welch f. 192. E. He severely taxed the English f. 193. C. D. He built Castles all over England f. 194. A. B. He wasted Northumberland and quieted all Merica fol. 195. D. E. Gospatric and Waltheof reconciled unto him Ibid. Ralph de Guaders Conspiracy against him defeated fol. 202. B. C. D. He commanded Lands taken from Bishoprics to be restored fol. 140. B. Tryals for Recovery of Lands in his Reign f. 141. A c. He subdued the Isle of Ely and used them babarously fol. 196. E. and 197. He divided the Nation among his Followers Ibid. C. D. E. and f. 159. C. f. 198 199. His Grant to the Earl of Britain f. 199. A. He invaded Scotland and made them submit f. 202. l. 1. His Son Robert rebelled but was soon reconciled Ibid. E. fol. 203. lin 4. He wasted the King of France his Country Ibid. B. He seized his Brother Odo's Treasure Ibid. D. E. He Established a setled Revenue f. 204. B. The several Branches of it Ibid. and f. 208 c. 209. D. 210 A. How his Rent was paid f. 210. B c. His yearly Revenue what f. 211. A. His Army not paid out of his standing Revenue Ibid. He brought Church Lands under Military Service f. 212. A. He quartered his Soldiers in Monasteries and carried away theâ—r Treasure Ibid. B. C. D. He brought in the Norman Laws and called Ecclesiastical Councils Ibid. E. F. He brought in the Servitude of Fees f. 156. B. He displaced Englâ—sh Bishops and Abbats and
Sunday after Dinner marched from thence no Man knowing his Resolution or whether he intended to go for about two years [3.] Ibid. fol. 877 878 879. both Parties burnt and harassed the Country took one anothers Towns and Castles At length [4.] Ibid. fol. 880. A.B.C. An. Do. 1124. A Battle between King Henry and the Normans The Normans beaten that appeared for Prince William on the Twenty sixth of March they came to a Battle where Earl Walteran Hugh de Montfort and Hugh of Newcastle his two Brothers in Law and Eighty other Knights or Tenents in Military Service were taken William de Grandcort Son of William Earl of Ou took Almaric flying from the Fight but fearing the Kings severity towards him left the King with whom he was engaged and his Estate and conveyed him to Beaumont and went and lived with him an Exile in France After Easter the [5.] Ibid. D. fol. 881. D. King brought to Judgment at Rouen some of the guilty Persons Geofrey de Torvill and Odard de Pine had their Eyes pulled out for Perjury and Luke de Barre had the same punishment for making scurrilous Songs of the King and Singing them The Earl of Mellent and his two Brothers in Law were sent Prisoners into England [6.] Ibidem 882. A. They submit and make their Peace with King Henry Most of the Confederates not long after submitted Almeric Lupell and others the Kings Enemies procured his Peace and when they could not help Exiled William they unwillingly deserted him yet obtained their Pardons and Estates again having first given due satisfaction In the [7.] Malms Hist Novel fol. 99. a. n. 10 20 30 40 50. King Henry sends into Germany for his Daughter Maude the Empress year 1126. the Emperor Henry the Fourth died of which so soon as the King heard he sent into Germany for his Daughter whom the Germans would have had Reign over them but the King having an intention to Marry her to the Duke of Anjou Tourain and Main they lying convenient for a conjunction to Normandy would not permit her to stay When [8.] Ord. Vit. f. 884. C. D. An. Do. 11â—7 Prince William Married to the Queen of France her Sister He claims Normandy all these Designs failed in restoring Robert the Father and advancing William the Son Lewis King of France still protected the young Man and by the procurement of Alice his Queen he was Married to her Sister and the King gave him Pontois Chaumont and Mant and all that Country now called Veuxin Francois This was done in January and before Lent he came with some force to Gisors and claimed Normandy but the Normans were afraid to receive him as their Natural Lord. It happened that on the First of [9.] Ibid. D. f. 885 886. A. An. Do 1127. Gemet lib. 8. cap. 14. He is made Earl of Flanders March following Charles of Denmark Earl of Flanders was Murdered and Lewis King of France gave unto this William that Earldom in right of his Grandmother Maude Queen of England and he restored to the King all the Towns and the Country of Veuxin which he had given him in France There were many Pretenders to the Right of this Earldom as William Earl of Ipre Theoderic Earl of Ou and Baldwin of Haynault Williams carriage and behaviour towards the Flemmings was more cruel and harsh than they expected and therefore they set up Theoderic against him to whom many Towns revolted and amongst them Alost which William besieged and beat the Forces of Theoderic that came to relieve it but that very day before the Castle Is slain before Alost Castle he was with a Lance thrust under the Ball of the Thumb into the Wrist of which Wound he died within five days and according to [1.] Lib. 8. c. 16. Gâ—meticensis his death happened on the Twenty seventh of July 1128. he died without Issue as also did [2.] Ord. Vit. f. 780. D. 781. A. Richard and William two Natural Sons of Duke Robert by a beautiful young Harlot of an old Priest Richard was Shot with an Arrow in New-Forest and died of his Wounds and William after his Father was taken at Tenerchebray went into the Holy Land and there was slain The Issue of Duke Robert extinct both dying unmarried and in them the Issue of Robert was extinct This year the King brought his Daughter into England Maude the Empress arrives in England in the Month of September At Christmass he called together at London a great number of the Clergy and Optimates or chief Men of the Nation and gave the Earldom of Shrewsbury to his Queen and fearing she would bear him no Children he bethought himself of a Successor to the Kingdom and in the same Council caused all the Optimates of England The great Men of England Swear to make her Queen after her Fathers death the Bishops and Abbats to Swear That if he should dye without Issue Male they would receive his Daughter Maude the Empress for their Queen having first told them what a great misfortune to the Nation the death of his Sons was and now that his Daughter was his only Lawful Successor The first that Swore was William Arch-Bishop of Canterbury next the Bishops and then the Abbats The first Layman that Sware was [3.] Malms Hist Nov. f. 99. b. n. 10. David King of Scots the next Stephen Earl of Mortain and Bologn King Henry's Nephew by his Sister Adala then Robert Duke of Gloucester between whom and Stephen there was great emulation which should Swear first All thus bound by Faith and Oath the Council was dissolved An. Do. 1128. She is Married to the Earl of Anjou's Son After Whitsuntide he sent his Daughter into Normandy that she might be betrothed to the Son of Fulke Earl of Anjou by the Arch-Bishop of Rouen and followed himself to see them Married and [4.] Ibidem n. 20. returned again that very year The Norman Monk placeth this [5.] Orderic fol. 889. A. Marriage in the year following and says that Turgis Bishop of Auranches Married them In the [6.] Malms f. 99. b. n. 30. f. 100. a. n. 30. Thirtieth year of his Reign the King passed into Normandy and met Pope Innocent at Chartres and there acknowledged him for Pope notwithstanding he was shut out of Rome and Anacletus possessed of that Seat and then at Rouen he and his great Men made him many Presents The next [7.] Ib. n. 40. An. Do. 1131. year he returned into England and with him his Daughter the Empress and in a great Convention of the Nobility at Northampton such as had Sworn Fealty to her before renewed their Oaths and such as before were not Sworn did then by Oath bind themselves unto her The year following [8.] Ibidem b. n. 10. Duke Robert dies on the Fifth of August he passed again into Normandy and never came more into England He continued there
banished the Kingdom Concerning these Matters Anselm seeks for Judgment and Justice from the King and urged him with repeated Prayers and Complaints but could not move him About the [8.] Ibidem n. 40 50. middle of Lent following the King came to Canterbury pretending to go forward to Dover to meet the Earl of Flanders He staid three days there and by his Friends let the Arch-Bishop know A wrangling Intercourse between the King and Arch-Bishop that he had almost outworn his patience and that if he still derogated any thing from the Customs of his Father he should be forced to use severity against him [9.] Ibid. fol. 70. n. 10 20. He said the Messengers were come back which he had sent to Rome to know whether the Verbal Relation the Bishops brought from thence were true and had brought with them Letters that would declare the truth and would have had the Letters perused to see whether there could any thing be found in them that did give him leave to submit to the Kings Will who replied he would not induce these delays and pressed for a final Resolution from him asking what the Pope had to do with his business The Arch-Bishop re-joyned that to save his Head he would not consent to the use of any thing he had heard prohibited in the Roman Council unless it were revoked by the same Authority After much wrangling Intercourse between the King and Arch-Bishop he requests him to go to Rome himself and by his own industry endeavour to do that which others could not lest losing the Rights of his Ancestors he should be less esteemed than they were Anselm desires his Resolution herein might be respited until Easter that hearing the Advice of the Bishops and prime Men of the Kingdom which were not then present he might give his Answer accordingly At Easter he comes to Court An. Do. 1103. and consults the Nobility of the Kingdom in this business and it was the unanimous Advice of the Council that it was not fit for him in a matter of that weight to refuse the labour and hazard of the Journey He pursued their Advice and prepared for his Journey and when he came to the Abby of Bec in Normandy he opened the Popes last mentioned Letters to him which [1.] Append. n. 21. contradicted what the Bishops had said and were in all points answerable to his expectations By [2.] Eadm fol. 72. n. 10 20 30. Whitsuntide he was gotten no farther than Chartres where Ivo Bishop of that place and other Friends perswaded him to defer his Journey into Italy until the great heat of the Season was somewhat over He took their Advice and returned to Bec where he staid until the middle of August and then went again to Chartres where he was rceived by the great Men of the Countries adjoining with high Respect and Honour and presented with Gifts more than he would receive While he thus loytered in his Journey [3.] Ibidem n. 40. The King sends William Warlewast his Sollicitor to Româ— the King sent William Warlewast who had formerly sollicited his Brother Rufus his Cause at Rome against Anselm who was there some days before him and endeavoured with all his Art and Industry to procure to King Hâ—nry the confirmation of all his Fathers and Brothers Customs and Usages by Authority of the Apostolâ—ck See [4.] Ibidem fol. 73. n. 10 20 30 40. He demands the permission of his Fathers and Brothers Customs and Usages They are denied especially the Investiture of Churches He obtained the favour of many of the Romans and the Pope and Anselm being both silent while the Controversie was in agitation thought nothing could be denied him said before the Auditors that whatever was discoursed there he would have every one know that his Master the King would part with his Kingdom before he would lose the Investiture of Churches To whom the Pope replied If it be so neither will Paschal permit him to have them though it were to save his Head Yet he granted to the King some of his Fathers Usages prohibiting the Investitures of Churches and for a while respiting the Sentence of Excommunication his Predecessor had formed against him keeping all such under the Bonds of it that had either received or should receive Investitures from him for the preservation of rigorous Discipline Thus was the Kings Cause determined at Rome and the satisfaction such as were invested should give was left to the Censure of Anselm After this determination he sent away Anselm with his Blessing and [5.] Append. n. 22. The Pope confirms the Primacy of Canterbury Epistle that confirmed to him all the Primacy of the Church of Canterbury as fully as any of his Predecessors ever enjoyed it Warlewast [6.] Ibidem f. 74. n. 10 20. Warlewast brought from the Pope only wheadling Letters stayed at Rome after the Arch-Bishops departure pretending other business but indeed to try if the Pope might be wrought upon in his absence but could not move him from his Resolution All he brought back were wheadling perswasory Letters [7.] Append. n. 23. to the King to draw him to a compliance [8.] Eadm in vitâ Anselm lib. 2. fol. 82. Col. 1573. Anselm and William met at Placentia in Italy and proceeding to Lions in France William left his company [9.] Ibidem William Warlewast forbids Anselm to return into England unless c. forbidding him in the King his Masters Name to return into England unless he would certainly promise that laying aside all obedience and subjection to the Apostolick See the King might possess all the Customs of his Father and Brother Anselm staid at [1.] Ead. Hist Nov. f. 75. n. 30. Anselm gives the King an account what he did at Rome Lions where he was mightily caressed by the Arch-Bishop and his Clergy from whence he sent a Messenger with Letters to the King in which he gave him an account what had been done at Rome and what Command he had received from his Commissioner William in which he wrote that [2.] Append. n. 24. the Pope would not depart from the Decrees of his Antecessors and also commanded him that he should have no Communion with such as had been Invested by him or such as Consecrated any Persons so Invested and further that he had received his Command by William not to enter into England unless he resolved to do what his Predecessor had done with his Father And says he could not use such Compliance because he could not do him Homage nor Communicate with such as received Investitures from him by reason of the prohibition he had heard in the Council made against them When [3.] Ead. Hist f. 76. n. 30 40 50. The King owns the prohibition of Anselm to return into England Warlewast returned and informed the King what he must trust to he forthwith Commanded the Arch-Bishoprick to be seized to his own use and after
some time Anselm received at Lions Letters from the King by Everard a Monk of Canterbury wherein the King owned that he did direct William to tell him that he was not to come into England unless he would promise to observe toward him all the Customs of his Father and Brother The [4.] Ibidem f. 78. n. 30 40 50. King again sends Messengers to Rome to try if they could prevail with the Pope to command Anselm to submit to the King but he was so far from it that he [5.] Append. n. 25. An Do. 1104. Anselm Excommunicates the Kings Counsellors Excommunicates by the Judgment of the Holy Spirit as he says all the Kings Counsellors and particularly Robert Earl of Mellent for advising the King to insist upon and put in practise his Rights of Investiture and those likewise which were invested by him but the Sentence against the King was [6.] Ibid. fol 78 n. 20. respited until further Consideration At length [7.] Ibidem fol. 79. n. 20 30 40 50. Anselm visits the Countess of Blou Anselm came from Lions to the Priory of St. Mary de la Charite upon the River Loire a Cell of Clugny where he understood that Adala Countess of Blois the Daughter of great King William lay sick at that Castle thither he goes to visit her who had been very kind and magnificently liberal to him in his former Exile as being an Holy and Religious Man and one that she had under God chosen to be the Director of her Life When he came to her he found her recovered of her Sickness and staying some days in the Castle wherein they had frequent Discourses she asks him the cause of his coming into France He told her it was to Excommunicate her Brother Henry King of England for the injury he had done to God and him above two years Which when she heard she grieved vehemently as the Monk says that her Brother should be damned She endeavours to reconcile the King and Anselm and intended to try if she could reconcile him to the Arch-Bishop To which purpose she desired him to go with her to Chartres The King [8.] Ibidem fol. 80. n. 10 20 30. The King dreads Anselms Excommunication was then in Normandy and when he had heard by Messengers from the Countess that Anselm was come into France and the reason of his coming he presently considered how to divert him from his purpose Therefore advising with his Friends he by Messengers requested the Countess that she would bring him into Normandy that he might speak with him promising he would for Peace sake condescend to many things he stood upon formerly They met all three on the Twenty second of July at Aquila Castle An. Do. 1106. The King and Anselm reconciled now l'Aigle and there the King after some Discourse had with them re-invested Anselm of all his Profits of his Bishoprick and they entred into their old Friendship And it was further urged by some who were earnest in that particular that he might return into England the King consented so as he would not withdraw his Communion from such as he had Invested or such as had câ—nsecrated them Anselm would not comply with the Kings desires But he chose rather to stay out of England than to submit to this Condition until such as by agreement between them were sent to Rome for a determination in this point and some others they could not then settle were returned Upon [9.] Ibidem n. 20 40. Many Designs formed against King Henry upon supposition he would be Excommunicaâ—ed the common Fame that King Henry was to be Excommunicated many designs were laid against him in England France and Normandy as not being then overmuch beloved and it was not doubted but after his Excommunication they might take effect yet by this Agreement they were all frustrated With which the King seemed mightily pleased and promised Anselm his Messengers should make such haste as he should be in England at his Court at Christmass The Kings [1.] Ibidem fol. 83. n. 20 30 4â— 50. Envoy to Rome was William Warlewast and the Arch-Bishop's was Baldwin a Monk While these were gone about the Consummation of the Agreement the King went into England to recruit his Army and furnish himself with Money King Henry used great Exactions to raise Money in the Collecting whereof he used cruel Exactions upon all Men. Those that had not Money to pay were either thrust out of their Houses or had their Houshold-Stuff sold But not having raised a sufficient Sum as he thought he fell upon the Clergy Especially upon the Clergy In the Council of London the Priests and Canons of England were forbidden the company of Women They many of them violated the Interdict either by retaining or re-taking their Wives or Women for this fault the King caused his Ministers to implead them and take the Money due for the Expiation of it But his Exactors finding the Sum this way raised to be less than they expected set a certain Sum upon every Parish Church and forced the Incumbent or Curate to pay it The Arch-Bishop [2.] Ibidem fol. 84. n. 10 20. The Bishops fall from the King of York and many other Bishops that were always firm to the King against Anselm provoked with these Actions wrote [3.] Append. n. 26. to him to come into England and use his power to relieve them and the Nation He wrote [4.] Ibidem n. 40. back to him that until the Messengers returned from Rome he could not help them not knowing till then what his power might be And withall [5.] Append. n. 27. wrote to the King That it belonged not to him to exact the Punishments and take the Forfeitures of such Priests who had not observed the Precept of the London Council For that it was never heard of in any Church of God that any King or Prince ever did so for it belonged to the Bishops in their several Diocesses and in case of neglect by them to the Arch-Bishop and Primat Several Letters [6.] Ibidem fol. 85 86. passed between the King and Arch-Bishop about this Controversie before the return of the Messengers from Rome into England who first acquainted the Arch-Bishop then in Normandy with their dispatch from Rome in which [7.] Append. n. 28. he had power given him by the Pope in all cases but that of Investitures to use his discretion The Letters they brought from the Pope bear date March 23. 1106. From Anselm [8.] Ibid. fol. 88. n. 50. Anselm falls sick at Bec. The King goes to him Warlewast came into England to the King and gave him an account of his Negotiation with the Pope and in few days returned to Anselm again to bring him into England but found him so ill at the Abby of Bec that there was no hopes of his coming so that the King went to him and arrived at
a reasonable time to be prefixed by the Archbishop of Canturbury for the Damage done them by him and his People from the day of the taking of the Castle of Kynardesly unto the day of his Absolution that is to say Saturday the 7th of October in the 7th year of King Henry's Reign and for the performance hereof were bound with him Mereduc the Son of Robert and many others This year about the First of August dyed [8] Ibid. n. 30 Philip King of France dies Philip King of France when King Henry had notice of it he sent the Archbishop of Canterbury with three other Bishops to King Lewis to demand the restitution of Normandy King Henry demands the restitution of Normandy from King Lewis with all other his Transmarine Dominions according to his Oath when he left England King Lewis answered that he was justly possessed of Normandy and other Dominions and was ready to make it appear in his own Court if the King of England would come thither Et ibidem juri parere and stand to the Law Who refuseth to restore them And taxeth him with violation of his Oath Adding that the King of England had violated his Oath in putting those of his party he had taken at Lincoln to a a grievous Ransome And also that those Liberties for which the War was begun that were Granted and Sworn to at his departure were not observed when the Archbishop and the other Bishops could obtain no other Answer they returned into England and gave the King an Account of it This year the Great Men of [9] fol. 318. n. 20. The Great Men complain of Hubert de Burgh England Magnates Angliae complained and murmured against Hubert de Burgh the Justiciary alledging that he exasperated the King against them and that he did not duely administer Justice But that which more especially provoked them was That those Messengers he had sent to Rome were returned with a Bull from the Pope directed to the Archbishops of England and their Suffragans declaring the King to be of full Age The Pope declares the King of full age and that all the Affairs of the Kingdom should be managed by him and his Council The words of the Bull were as followeth Quatenus Authoritate Apostolica denunciarent Comitibus Baronibus Militibus aliis Vniversis qui custodias habebant Castrorum Honorum Villarum Quae ad Regis Dominium spectabant ut contnuo visis Literis Regi illas redderent contradictores autem per censuram Ecclesiasticam ad satisfactionem compellerent That by Apostolic Authority they should declare to the Earls Barons Knights and all others who had the Custody of the King's Castles Honors and Towns That upon sight of these Letters they render them to the King And whoever refused they should compel by Ecclesiastical Censure Notwithstanding the greatest part of the [1] Ibid. n. 30 The Earls and Barons refuse to deliver up the King's Castles c. Earls and Barons although admonished by the Bishops did not render up their several Trusts but rather conspired together to put themselves in Arms to disturb the Peace of the Nation then give the King satisfaction in the premisses In the year 1224. the King [2] The Earl of Chester threatens the King and Justiciary The Archbishop threatens to Excommunicate him kept his Christmass at Northampton A. D. 1224. together with the Archbishop of Canturbury and his Suffragans and a great number of Military Men But the Earl of Chester with his Conspirators kept that Feast at Leicester swelling against and threatning both the King and the Justiciary because he was required to deliver up to the King the Castles and Lands he had in his Custody The next day the Archbishop with his Suffragans Excommunicated all disturbers of the King and Kingdom and Invaders of the Church or its Rights and gave notice to the Earl of Chester and his Complices that unless the next day they resigned into the Kings hands all the Castles and Honors that belonged to the Crown they should be all excommunicated by name as the Pope had commanded The Earl and those that were with him fearing the Kings power He yields up all the King's Castles and Lands and dreading the Church Censures came to Northampton and submitted and rendred the Castles and Honors that were in their custody into the King's hands However their indignation was not appeased because the Iusticiary was not removed The Authors [3] fol. 320. n. 10. The chief disturbers of the Peace of this disturbance were the Earl of Chester the Earl of Albemarle John Constable of Chester Falcasius with his Castellans Robert de Vipont Brian de Lisle Peter de Malo-Leone Philip Marc Ingelrard de Athie William de Cantelupo and William his Son and many others which did very much endeavor to disturb the Peace of the Kingdom This year Lewis [4] Ibid. The King of France appears before Rochel King of France gathered together a great Army and went to Rochel and offered them a great Summ of Money to Surrender the Town and Swear Allegiance to him The Rochellers seeing themselves * See Hubert de Burghs answer in Append n. â—… He Buys the Town forsaken by the King of England consented and delivered up the Town to the King of France who placed a Garrison in the Town and Castle and returned home without shedding one drop of Blood In the Octaves of Holy Trinity the King at a Parliament [5] Ibid. n. 30 A Parliament at Northamton to consider of â—he Kings Dominions beyond Sea Their intentions frustrated by the Rebellious Practices of Falcasius de Brent A. D. 1224. at Northampton met the Arch-Bishops Bishops Earls Barons and many others to treat about the Affairs of the Kingdom Convenerunt ad Colloquium apud Northampton Rex cum Archiepiscopis Episcopis Comitibus Baronibus multis aliis de Regni negotiis tractaturi The King being willing to take the advice of his Great Men uti consilio Magnatum concerning his Dominions beyond Sea which the King of France had in his possessions But the following Rebellious Practice broke those measures Martin de Pateshulle Thomas de Muleton and Henry de Braiboâ— the Kings Iusticiaries at Dunstable had set a very great Fine upon Falcasius de Brent for the Rapine and Spoyls he had committed As soon as he heard of it he Fortified his Castle at Bedford and sent out some Armed men to take the Iusticiaries and bring them Prisoners to Bedford who Imprisoned one of the Kings Justices in Bedford Castle But having notice of his Design two of them made their Escape and Henry de Braibrock was taken and imprisoned in the Castle [6] Ibid. n. 40 The King and the Council being highly displeased at this insolence and injury offered to his Justiciary it was unanimously resolved to lay all other business aside and by force and Arms to reduce the Castle