the Kitchin and Brew-House He had three Fees and a sixth part The place of Ralph Fitz-Henry on the West part of Scouland Hall He had three Fees and an half The place of Conan Fitz-Helias by the Keep on the East side without the Wall He had two Fees and an half The place of the Chamberlain on the East part of Scouland Hall by the Oven He had two Fees The place of Tho. de Burge on the West part of the great Chappel by the Cannons in the Wall He had in this part of the Honour of Richmond in Yorkshire [5.] Ibid. b. 68 Knights Fees and an half and had here at the time of the Survey 166 Lordships Maners or Farms in Dorsetshire one in Essex eight The Earl of Richmont had 442 Lordships of the Gift of the Conqueror in Hantshire two in Cambridgeshire 63 and ten Burgages or Dwelling-Houses in Cambridge in Hartfordshire 12 in Northampton one in Nottinghamshire seven in Norff. 81 in Lincolnshire 101 in all 442. All his Tenents ought Suit and Service to his Court and for this Honour and under the Title thereof there were Courts kept for the Tenents of it several Counties every three weeks and are kept to this day in Norff. And the Jurisdiction of these and the like Courts usually extended no farther than to some Personal Actions between the Tenents and such matters as appertained to the Lands belonging to the Honour Tenents bound to Castle-Guard and most probable it was that all these Tenents of these Lands as also in all other Fees where the chief Seat or Head of them was a Castle did watch and were bound to Castle-guard at appointed times as may be gathered from what will be said next concerning the Earls of Chester The first [6.] Ord. Vit. fol. 522. A. whereof was Gherbod a Flemming made Earl by William Anno Dom. 1070. who going upon an Expedition into Flanders fell into the hands of his Enemies and was there detained Prisoner all his Life upon whose restraint the Conqueror created (k) He was Son of Richard [1.] Gemet lib. 7. cap. 6. Hugh Earl of Chester who he was Surnamed Goz Vicecomes de Abrincis or Viscount of Auranches in Normandy whose Father was Thurstane [2.] Ibidem Surnamed Goz Son of Anfrid a Dane Hugh de Abrincis Earl of Chester who with (l) He was Son of [3.] Ord. Vit. 669. C. Robert Roelent how he was Humfrid de Teliolo who was another Son of Anfrid the Dane and Governor of the Fortress the Conqueror erected at Hastings This Robert was Cousin German to [4.] Ibidem B. C. Richard de Abrincis Father to Hugh Lupus Earl of Chester and was Commander in Chief at the Siege of Rochester Castle Robert Roelent and Robert de Malo Passu and others shed much Welsh Blood [7.] Ibidem he was a Man of great Note amongst the Normans at that time and an expert Soldier and therefore placed here to restrain the Incursions of the unconquered Welsh This Earldom was given to hold as freely by the Sword as the King held England by the Crown 'T is commonly storied he had several [8.] Monast Angl. vol. 1. p. 202. Barons under his Jurisdiction but whether they were so or not there were many that held great Estates of him and had shares and Commands in the Government of this petty Kingdom amongst whom these were chief Robert Fitz-Hugh [9.] Domesday in Cestreshire where all the Places are named Barons or reputed Barons of Cheshire whose Seat was at Depenbach now called Malpas who held of him 31 Maners part of Maners or Towns William de Maldebenge whose Seat was at Wickmalbanc now called Nantwich held 47 Maners c. William Fitz-Nigell called sometimes Constabularius had his chief Seat at Heleton now Halton Castle and held of him 29 Maners c. Richard de Vernon whose Seat was at Shipbroc held of him 17 Maners c. Hugo de Mara held 14 Maners c. Hamo de Masci whose Seat was at Dunham commonly called Dunham-Masci held 10 Maners c. Bigot de Loges held 12 Maners c. Gilbert Venator or de Venables whose Seat was at Kinderton held 19 Maners c. Robert de Roelent whose Seat was Roelent or Ruthelan Castle in Flintshire from whence he had his Surname held 16 Maners c. This Robert was General to Earl Hugh Robert Roelent General to the Earl of Chester who for fifteen years together checked the Welsh and dayly gained upon them and enlarged the Conquerors Territories [5.] Ibidem but at last after many sharp Conflicts and bold Adventures hazarding himself too far with no more than one Soldier he was unhappily slain He held North-Wales in Farm of King William at the Rent of 40 l. per Annum [6.] Domesday in Cestreshire besides Ross and Rewinioc extending twelve Miles in length and four in breadth which he held in Fee After this manner William placed several others in other parts of the Borders of Wales giving them great Possessions in Land These Earls of Chester had all Royal Officers and in State differed very little from Kings Earls had their great Officers of State As will be shewn more at large concerning Earl Ranulph in the Reign of King Stephen in whose time he lived All other Earls likewise had their great Officers of State though they lived not in the same Magnificence as these Earls Palatine did The manner of Investiture of an Earl and the manner of Investiture into that Dignity then was by girding them with the Sword of the County as [7.] Fol 154. l. 54. Mat. Paris observes Earls as also [8.] Spelm. Glossar verb. Baro. Earls and Barons had generally Castles c. Barons in these times had every one their Castles very well fortified and endowed with many Priviledges which were called the Head of their Baronies And thus much shall suffice to shew the grandeur of the Nobility under William which continued many Ages after him From this Digression I return to the History it self [9.] Sim. Dun. Col. 203. n. 50. A D. 1071 William the Conqueror invades Scotland King Malcolm submits William having settled England in quiet invaded Scotland by Land and Sea with design to subject it to his Government for that King Malcolme had grievously offended him and the year before had entred England and cruelly wasted the Borders thereof with Fire and Sword But so soon as he had entred Scotland King Malcolme met him at a place called Abernithi yielding to him and held his Kingdom as in subjection to him At his return William displaced [1.] Ibidem Col. 203 n. 10. Gospatric from the Earldom of Northumberland and gave it to Waltheof the Son of Earl Siward About this time the County of Main [2.] Ibidem Col. 205. n. 40. The County of Main revolts and is reduced revolted from William who went over
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
St. Albans f. 487. E. At Reading f. 490. B. At St. Pauls London f. 492. A. B. In a Meadow between Stanes and Windsor f. 496. F. The two Charters of Liberties and Forests granted there f. 497. C. Of the Great Men at Westminster f. 529. E. Vid. Parlement Conveyances of Land where entred f. 79. C. Philip de Covel made Sheriff of Middlesex by Henry the Third f. 654. A. Council of Bishops called at Hartford by Arch-bishop Theodore f. 106. D. At Hatfield at the Command of four Kings Ibid. E. At Becanceld where King Withred presided f. 107. C. The Acts of it subscribed by Women Ibid. At Cloveshoe where Elthelbald presided f. 108. A. A second there where Arch-bishop Cuthbert presided Ibid. C. D. E. At Winchester where Tithes were setled f. 112. C. At Aenham by Ethelred f. 126. lin 1. What Canons were made there Ibid. A. B. At Winchester by the Conqueror f. 212. F. At Lambeth by Anselme f. 235. lin 3. At Roven f. 247. F. At Rhemes under Pope Calixtus f. 250. B. At Westminster under Anselme f. 257. F. At Troyes to dispose of vacant Churches f. 262. E. At Winchester to which King Stephen was cited f. 278. A. Another at Winchester which set up Maud the Empress f. 283. F. At Lateran under Innocent the Second f. 294. A. At Northampton by Ottobon the Legat f. 659. E. At Westminster called by the Popes Legat f. 287. B. At Devises by Maud the Empress Ibid. F. In Normandy with the Decrees made there f. 410. F. and 411. At Westminster by Richard Arch-bishop of Canterbury f. 414. D. At York by Arch-bishop Hubert f. 458. D. At Reading by Jo. Ferentin the Popes Legat f. 475. D. Court of Guard whence it came f. 4. F. Leet and Baron whence derived f. 55. A. Courtesie of England what f. 175. A. From whom brought f. 71. F. Croyland Abby plundered by the Danes the great Treasure found in it f. 114. E. Cross The Controversie between the Arch-bishops of Canterbury and York about bearing it f. 414. E. Crusado undertaken by the Kings of England and France f. 342. D. Such as refused were to pay the Tenth of their Estates f. 344. B. They that refused to pay were imprisoned Ibid. E. Cuneus what it signifies in a Military sense f. 47. E. F. Cunobelin made Governour of the Trinobants f. 11. A. John de Curcy sets upon Ulster took Doun and obteined a great Victory over Roderic f. 366. B. C. D. He entred into an Alliance with Amoric de S. Laurentio f. 367. A. B. His second Battel with the Irish at Fern Ibid. E. F. His third and fourth Battels with them f. 368. E. F. and 369. B. He was made Governor of Ireland f. 372. F. Cursac Emperor of Cyprus taken Prisoner by Richard the First fol. 430. F. He was sent Prisoner to Tripoli f. 431. lin 4 He is set at Liberty f. 438. A. D. DAnes Invade England f. 109. C. They are vanquished by King Egbert f. 111. A. They receive constant supplies of Men f. 112. A. 114. D. E. They come under the Conduct of Hingnar and Hubba fol. 113. D. They Pillage and Destroy Religious Houses and all other places f. 114. B. They are overthrown by Aelfred and beg Peace f. 115. B. What King Elthelred granted them f. 123. E. F. Dane-geld what it was Ibid. Danes said to be Massacred on St. Brice's night f. 124. A. The Truth of the Story questioned Ibid. E. Danish Fleet assist Edgar Etheling and his Confederates against the Conqueror f. 195. B. David King of Scots invaded England f. 274. C. A Peace between him and King Stephen Ibid. He assisted Maud the Empress f. 279. F. His Army routed by the English f. 280. lin 1. David Prince of Wales offered his Homage to Henry the Third fol. 575. A. The Agreement between them Ibid. B. C. His Treachery to his Brother Griffin f. 578. lin 1. He Swears Fealty to King Henry Ibid. C. The Articles of his Charter of Submission f. 580. A. B. C. He offered to hold his Kingdom of the Pope f. 592. D. He besieged and took Monthalt Castle Ibid. F. He died without Issue f. 594. B. Deans rural who they were f. 537. F. Dermot Fitz-Murchard Prince of Leinster ravish'd Prince Ororic's Wife f. 350. E. He was driven out of his Country and came to implore the King of Englands Assistance Ibid. F. He obteined the Kings Letters Patents f. 151. A. He gave large Promises to the English to assist him Ibid. C. D. His Bargain with Richard Earl of Strigul and Robert Fitz Stephen Ibid. and f. 352. A. He reduced Wexford and Marched to Ossery f. 353. A. B. The Osserians routed and their Prince Swear Fealty to him Ibid. D.C. He concluded a Peace with Roderic f. 354. C. He wasted the Country about Dublin Ibid. E. He designed to make himself Monarch of Ireland f. 355. A. He sent for more English Forces Ibid. B. His Death f. 357. B. Dermot Mac-carti Swore Fealty to King Henry the Second f. 359. F. Ralph de Diceto His Account of King Richard's Coronation fol. 422. A. B. Aulus Didius Claudius his Lieutenant in Britain f. 17. A. Dinoth Abbat of Bangor opposed Augustin f. 103. B. C. Dioclesian Saluted Emperor f. 31. D. He was a great persecutor of the Christians f. 32. E. Disinherited vid. Barons Such as had no Lands how punished f. 659. A. Ditches of Defence where usual cast up f. 87. B. Devils Ditch where and its extent f. 86. D. Domesday Book by whom made and in what Method f. 205. A c. Why so called and how Towns and Maners were entred f. 206. and 207. A. Donald O Bren breaks his Oath to Henry the Second f. 363. A. He besieges Limeriâ— f. 364. A. Dorchester made a Bishops See f. 105. F. Dublin besieged and taken by Reymond f. 356. C. D. Besieged by the Irish Princes and much pressed for want of Victuals f. 357. E. F. 'T is delivered up to Henry the Second King of England f. 360. D. Duncan by the Assistance of William Rufus obteins the Kingdom of Scotland f. 222. E. He was treacherously slain f. 223. E. Dunstan enjoyned King Edgar seven years penance for forcing a Nun f. 121 F. Dunwich made a Bishops See f. 105. C. E. EAdbald Son to Ethelbert relapseth to Paganism but is again converted by Laurentius f. 104. B. Eadmer Chaplain to Arch-bishop Lanfranc elected Arch-bishop of St. Andrews in Scotland f. 268. D. He ws rejected for his haughtiness Ibid. E. Earls Chief Justiciaries of England f. 151 152. Earldom a name of Office and when it became Hereditary f. 81. B. Not hereditary in King Elfreds days Ibid. D. What Possessions and Profits belonged to it Ibid. F. and f. 82. A. Easter a great Controversie about the observation of it f. 106. A. Edgar reproved the Clergy for their idleness and viciousness f. 121. A. He appointed three Bishops to reform them Ibid. B. His Justice and Sobriety
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
to the King f. 570. lin 1. He was kindly received in the French Camp and procured a Truce f. 5â—5 A. He advised the King his Brother to provide for himself by flight Ibid. B. His second Marriâ—ge with Cincia Daughter to the Countess of Provence f. 588. F. Thirty thousand Dishes provided for his Wedding Dinner f. 589. lin 1. The Magnificent Treat he received from the Pope f. 603. C. Sicily and Apulia offered to him by the Pope f. 609. F. He is chosen King of the Romans and Crowned at Aâ—en f. 621. A. C. His great Treasure and Riches Ibid. D. His desire to return into England f. 633. D. The Conditions on which he was to return Ibid. F. His Landing opposed by the Barons and the Oath he took f. 634. A. B. He defied the Barons and is taken Prisoner f. 641. B. D. And sent to the Tower f. 642. lin 4. His Death f. 665. E. Richard Prior of Canturbury chosen Arch-Bishop and made Legat f. 412. A. B. Richard Chancellor of Lincoln chosen Arch-Bishop of Canturbury f. 542. C. His opposition to the King in the Tax of Ecclesiasticks f. 546. A. His complaint against Hubert de Burgh but without Remedy Ibid. B. He went to Rome and complained to the Pope against King Henry the 3d. and Hubert his Justiciary f 547. B. C. His Death Ibid. D. Richmont Castle by whom Built f. 199. B. C. The Establishment of its Guard Ibid. D. E. What Lordships the Earl was possessed of f. 200. B. Baldwin de Ripariis or Rivers made Earl of Wight f. 574 A. Ripuarii who they were f. 60 F. Rishanger his Character of Simon Montfort Earl of Leycester f. 652. E. Petrus de Rivallis Bishop of Winchester Protector to Henry the 3d. f. 529. B. He was removed from Court f. 539. F. The King wholly guided by him f. 553. F. His Answer to Richard Marsechal f. 554. C. His advice to the King to reduce his Rebellious Barons by force and Arms f. 555. A. His Answer to the Preaching Friers exasperated the Bishops f. 556. B. He slighted their Threats of Excommunication Ibid. C. He was removâ—d from all secular Offices f. 559. E He was summoned to his Tryal and Committed to the Tower but taken out by the Arch-â—ishop of Canturbury f. 561. B D. E. He was sent for to Rome by the Pope to assist him in his Wars against Frederick the Emperor f. 562. E. His Death f. 571. B. Robert Duke of Normandy dyed in his return from the Holy-Land f. 186 A. Robert Eldest Son to William the Conqueror set up for King of â—ngland f. 218. D. His Chief Friends and undertakers Ibid. E. He is reconciled to King William his Brother f. 221. E. He moâ—gaged his Dukedom to him and undertook the Cross f. 223. A. B. His Preparation to invade England after King Williams Death f. 235. C. D. The Ternis on which he agreed with Henry the 1st his Brother f. 236. C. D. He released his Annuity to his Brother f. 237. B. He granted Robert Belism his Fathers Honors and Fstate f. 240. A. He is taken Prisoner and sent into England f 243. A. His Death and Burial at Glocester f. 254. D. Robert Earl of Glocester his conditional Homage to King Stephen f. 273. C. D. His great concern for Maud the Empress f. 274. F. He defied King Stephen f. 275. C. His Possessions and Castles in England seized Ibid. D. He Landed in England with the Empress f. 278. F. He went to Treat with the Legat and was taken Prisoner f. 286. C. F. He was exchanged for King Stephen f. 287. A. He put King Stephen and his Brother the Legat to flight f. 289. A. F. His Death f. 290. D. Robert Brother to Lewis King of France chosen Emperor by the Pope and Conclave f. 573. F. Rochel Surrendred to Lewis King of France f. 534. lin 1. Rochster made a Bishoprick f. 103. F. Roderick King of Connaught his resolution to oppose Dermot f. 354. A. He solicited Fitz-Stephen to desert Dermot Ibid. B. A peace between him and Dermot Ibid. C. He was overthrown by Fitz-Stephen f. 355. lin 1. Roger Bishop of Salisbury a favorer of Maud the Empress f. 275. E. F. His submission to King Stephen f. 276. B. C. His severe charge in a Council at Winchester f. 277. F. His defence and threats to appeal to Rome f. 278. B. Rolland usurped the Goverment of Galway f. 340. D. He made his peace with King Henry the 2d f. 341. D. Rollo the Dane entred France with an Army had Normandy and Britany assigned him f. 185. C. D. He turned Christian and divided his Dominions among his followers Ibid. E. F. Romans entrenched their Army every night f. 8. B. F. They were amazed at the hideous habits and gestures of the Britains f. 18. C. Their barbarous usage of Boadicia and the Britains Ibid. E. Their Subversion and ruin portended by Prodigies f. 19. A. B. Eighty thousand of them slain by the Britains Ibid. C. D. E. F. They revenge themselves on the Britains with a like slaughter f. 20. D. E. Their Division of Britain f. 36. E. F. Their departure out of Britain f. 40. A. Their Military Establishment in Britain f. 41. c. Their Garisons upon the Wall f. 45. C. Their Garisons placed in the Frontiers f. 48. A. Their Castra Stativa Hiberna and Aestiva Ibid. B. C. D. Their Ways and Stations Ibid. F. Their Soldiers burthens when they marched f. 50. A. B. How oft they exercised Ibid. William de Ross unkindly treated by Henry the Third f. 587. A. Roturiers who f. 160. C. Walter Arch-bishop of Roven Interdicted Normandy f. 453. D. The Popes advice to him f. 454. B. Rowena Hengests Daughter married to Vortigern f. 94. D. Peter Ruby sent into England to be the Popes Collector f. 576. l. 2. His Policy to get Money Ibid. A. John Rufus a quasi Legatus sent into Scotland f. 599. C. His Extortion there Ibid. Rustand sent into England to be the Popes Collector f. 615. D. The Powers granted to him and the Arch-bishop of Canturbury Ibid. His Accusation and Removal from his Dignity and Office f. 623. A. B. S. SAher Earl of Winchester adhered close to Prince Lewis f. 524. E. Saladine Emperor of the Saracens offered King Richard a Truce f. 431. F. Salic Laws when first written and why so called f. 60. A. E. Salustius Lucullus succeeded Agricola in Britain f. 27. A. Sapientes among the Saxons who they were f. 85. E. Peter of Savoy Earl of Richmond resigned his Castles to Henry the Third f. 581. C. D. Saxons who they were and from whence they came f. 44. E. They made use of the Roman Camps f. 48. E. No exact History of their Actions to be expected f. 51. C c. Their Vsages and Customs not found in our Historians f. 52. E. Nor mentioned by Tacitus Ibid. F. Their Seat and Country mentioned by Ptolemy f. 53. B. Their punishments capital the
Knights Fee and the Maner of Hwayton with the whole Barony which formerly belonged to Robert de Cramavil by the Service of three Knights Fees he had then also the Honor of Tikhil with sixty Knights Fees and three parts of a Knights Fee belonging to it Dugdales Baronage fol. 107. Tom. 1. Knights Fees or Military Fees which if they were not sufficient for the maintenance of one Soldier For maintenance of their Horse and Arms yet according to the Quantity of Land they injoyed they contributed such a share or performed such Service as was appointed and agreed for half a third or fourth or less part according to the smallness of the Portion of the Fee granted towards the Lords Military Expences [8.] Ibidem Base Tenure a third part he distributed to such as performed all rustick and servile Works repaired his Houses ploughed and sowed his Land reaped his Crop carried it into Barn Threshed it Digged Hedged and took care of his Flocks and Fields The Precincts of this Distribution were governed by such Laws as the Lords imposed and as all their Estates arose from his Beneficence so they depended on his Will Hence so many several Customs Whence several Customs in several Maners in several Maners The Lords House was the Aula Hall or Court and all the Tenents if need required were bound to attend there every three weeks but generally at the Feast of the Annuntiation and St. Michael from whence these Courts kept at those times were called Curiae generales or General Courts These Lords of Maners or small Baronies held either in Capite of the King or most commonly of other great [8.] Grand Cust of Norm c. 34 35 53 and every where in our ancient Lawyers and Historians Barons as of their Honors or Heads of their Baronies by the same Tenures and under the same Forfeitures and these in like manner of the King in Capite for by the [9.] Hot. de â—eud Disp â— 10. 830. D â—hey might â—aighten but not inlarge the Condition of the Fee Ibid. Feudal Law Sub-Fees were to be given and received according to the Laws of the first Institution of the Capital Royal or Great Fees which held immediately of the Prince and therefore as the Inferior or lowest Lords * Charter â—rand Cust c. 53. had their Courts most commonly for adjusting all Matters within the Jurisdiction of their Maners so had those of a middle Rank within their Jurisdictions for such of these inferior Lords or others as held of their Baronies And likewise that Capitol Barons had their Courts within their Jurisdiction in which all or most Matters relating to Lords of Maners ought Suit to the Courts of mean Barons and arising between their Tenents were ordered and decided and they were not only held at the chief Seats of their Honors or Baronies but perhaps all over England where they had any considerable Lands or Possessions as the (f) This Title was Frequent in Normandy for the Seat or head of the Honor Earldom Honor what or Barony See Script Norm 1037 1040. Honor of Richmond Honor of Gloucester and Clare Dutchy of Lancaster And they to the Courts of great Barons on whom they held c. have at this day their several Courts for determining Controversies and Suits within their Jurisdiction of matters of small value Lastly these great Barons were within the [9.] Glan l. 1. c. 3. And the great Barons to the Exchequer or Kings Court Jurisdiction of the Kings Court or Exchequer where all Pleas concerning their Baronies were terminated The Conqueror gave to some of the greatest of his Followers whole Counties and to some two three or more Counties with a great proportion of Lands in them The Lands of England parcelled out and distributed by the Conqueror to others some part or portion of a County as Hundreds or several Maners and Towns in them who sometimes parcelled them out to their Dependents and Friends and they again to theirs till at last though the Saxons most frequently held their own Estates of these new Lords and by new Titles from them some Soldiers and ordinary men had some proportionable shares for their Services though upon hard Conditions possessing them for the most part as Feudataries and according to the Rules of the Feudal Law which as it was the Law for the most part in Normandy as to Possession and Tenure so was it here in England until by the Indulgence of Vsurpers to the great men and of them to the People their Tenents and Followers their Tenures became more easie and were changed into Inheritances both Free and Bond as they did in France upon the Usurpation of [1.] Hottom in Feud Disp col 845. A.B. Et de Serres fol. 120. A. D. 987. The Barons made advantage by setting up Vsurpers â—nd sometimes of their lawful Soveraigns by bearing too hard upon them Hugh Capet the Nobility closing with him on condition their Baronies and Fees might be Hereditary and Patrimonial which before were Arbitrary and injoyed at the Will of the King only The Nobility in those times never lost by advancing Usurpers if they prospered always bargaining with them for some Flowers of their Crown and the bettering their own Condition As appears by the Stories of our Henry the First King Stephen and King John and with their Lawful Soveraigns also who according to their Examples and their own Necessities as things then stood and for their own Security were often forced to comply with the Demands of Holy-Church and the Barons called in to her Assistance though to their own disadvantage and besides this way Lands became â—ree and Hereditary many ways without doubt many Lands became Free and Hereditary or their Services made certain by Compact or Agreement between Tenents and indigent Lords whereby their Lands were manumised the Services released or they were granted to them by Deed or Feofment The Feudal Law might be relaxed by the use of the Canon and Imperial Law and it is not unlikely but that the use of the Canon and imperial Law prevailing here or being promiscuously used with the ordinary Law for a Century or two of years from the time of King Stephen until * Seld. Dissertatio in Fletam c. 8. the Reign of Edward the Third might much relax and abate the Rigor of the Feudal Law and render the Fees less Conditional and far more qualified than they had been formerly and hence the Laws concerning them became more easie and received their several Alterations and Amendments by Flux of time or Acts of great Councils or Parliaments and instead of rigorous Tenures the more soft ones of Fee-Simple in all its kinds and inheritable and qualified Copy-holds were introduced Besides this Tenure of Homage there were also other Tenures in Normandy Tenures in Almoigne in Normandy In Burgage as Per Elemosynam in Franke almoigne as the Church-lands were held Burgage as the Lands in
Guards placed upon the Gates only with Command to keep out the Soldiers * Sim. Dunel Col. 197 n. 45. Githa the Mother of Harold and many Citizens escaped and fled into Flanders with great Riches Here within the Walls he chose out a place for the building of a Castle and left Baldwin the Son of Earl Gilbert to see it done and with many other stout Soldiers to remain there in Garison From thence he went into Cornwall He settles Cornwall and disposing all things there to his own satisfaction he dismissed his Army and returned to Winchester there to recreate and refresh himself all the time of Easter and not long after he sent for his Wife Maud to come to him An. Do. 1068. Queen Maud Crowned by Arch-Bishop Aldred King Henry I. born De gest pont 154. b. n. 10. who was Crowned by Aldred Arch-Bishop of York on Whitsunday following and before the year was out she brought forth Henry afterwards King of England Upon this his return into England he imposed an importable Tribute upon the English which Malmsbury reports thus That Aldred Arch-Bishop of York whilst William behaved himself with temper and justice toward the English loved him as his Son and honoured him as a King but when he exacted from them an importable Tax he sent Messengers to him about it which being hardly admitted were returned with a rough Answer whereupon he presently Cursed William and all his Progeny The King hearing of it sent some Friends to appease and quiet the Arch-Bishop but before they came to him he died with Grief [4.] Ord. vit 51â— A.B.C.D. William promiseth his Daughter to Earl Edwin and deceives him Earl Edwin was assured by the King he should have a Daughter of his in Marriage yet through the Fraudulent Advice of the Normans he performed not his Promise This deceitful dealing toward this young Earl that had long expected his Mistress together with his hard usage in carrying him and many others beyond Sea with him as it were his Prisoners and to shew them in Triumph provoked him and his Brother Morcar to take Arms Edwin and Morcar take Arms. who being very Popular and well beloved had the assistance of many in the North parts and especially of their (l) Blidens Father Married Edith Edwins Sister after whose [2.] Ord. vit 311. B. death she was Married to Harold Nephew Blidon King of Wales who came unto them with a great number of Welsh-Men Hereupon William caused a search into and discovery to be made of all the Private Places and Places of Retreat and forthwith fortified such as might be any ways advantageous to his Enemies he built a Castle at Warwick and gave the Custody of it to (m) He was [3.] Gemet lib. 7. c. 4. Hen. de Bello-monte Hen. de Newburg Roger de Bello-monte who Brother to Roger de Bello monte who was Son to Humfrid de Vetulis Son of Turolf of Pont Adomar by Weva c. he was called Hen. of Newburgh from the place of his Birth the Castle of Newburgh in Normandy and made Earl of Warwick by the Conqueror after the Survey Henry de Bello-Monte so that these Brothers reflecting upon the doubtfulness of their Success They crave favour crave favour which was but in shew only granted them he then also built Nottingham Castle Which was in shew only granted Nottingham Castle built and gave the keeping of it to William Peudell Those which were in York so soon as they heard these things delivered the Keys of the City with Hostages to the King who suspecting their Constancy raised a Fortress in the City and placed there a Garison of choice Soldiers (n) This Arkill Married [4.] Sim. Dun. Col. 80. n. 34. Sigrid the Daughter of Ecgfrid the Daughter of Aldun Bishop of Duresm by Kylvert her second Husband her first Husband was Vethred Earl of Northumberland who dismissed her This [5.] Ibidem Col. 82. n. 27. Arkill seised some part of Northumberland that was wast and inhabited it by Sigrid he had a Son named Gospatric and he another of that name afterwards Earl of Northumberland Archill also the most Potent of the Northumbrians makes his Peace and delivers his Son an Hostage The Bishop of Duresme likewise is received into favour and by his Mediation Conditions were offered to Malcolme King of Scots which he accepted and sware to a faithful Compliance with William Lincoln and Huntington Castles built In his return from this Expedition he built Castles or made Places of Strength at Lincoln Huntington and Cambridge placing in every one of them stout Commanders [5.] Sim. Dun. Col. 19. n. 56. Afterwards Marleswen (o) Ordericus calls him Gaius Patricius he represented his Lineal Extraction from Vcthred aforesaid by his Mother Algiva Daughter of King Ethelred by which and a great [6.] Ibid. Col. 204. n. 60. Sum of Money he obtained the Earldom of the Conqueror Gospatric and the most Noble of the Northumbrians fearing the severity of the king and lest they should be imprisoned as others were taking with them Edgar Athaling his Mother Agatha and two Sisters Margaret and Christina went by Sea into Scotland and by the leave of Malcolm King of Scots stayed there all Winter While [6.] Ibid Col. â—98 n. 2. Order vit 513. A. The Sons of Harold invade England and beat Ednoth William was busied in the North the two Sons of Harold Godwin and Edmund who fled to Dermot King of Ireland came from thence and landed in Somersetshire who defeated and slew Ednoth sent by William against them with an Army of English plundered and wasted Devonshire and Cornwall and with a great Prey returned into Ireland Ordericus Vitalis says they were beaten by Brien Son of Eudo Earl of Britain and Gulielmus Gualdi and returned by weeping Cross About this time some of the [7.] Ibid. 512. A. B. The Norman Ladies want their Husbands Norman Ladies and Women wanting their Husbands sent for them to return and withal to let them know that if they returned not they must make use of other Men to relieve their necessities Hugo de (p) A Town in Normandy [7.] Vales not Gall. fol. 237. Grentonis Mansio vel mansionile seu parva mansio Grentmesnil who presided at Winchester Humfrid de Teliolo Governor of the Fort at Hastings and many others returned into Normandy Some of them return sorrowfully and unwillingly deserting the King [8.] Ibidem His Soldiers likewise wearied with the Desolations of the Country where they saw nothing but Burnings Rapine and daily Slaughters committed by the Natives as well as themselves issuing out of Woods and Places of Security whither they had retired importuned him for their Refreshment that they might retire to their fixed Residences An. Do. 1069. which he willingly granted and dismissed them with a plentiful Reward for their Services [9.] Ibid. C. Sim. Dunel Col. 38. n.
and Dower [2.] Oblat 1. Johan m. 19. Fines for leave to Marry Robert Fitz-Roger gave 300 Marks for a Fine for Leave to Marry his Nephew to the younger Daughter of Hubert de Rie [3.] Rot. â—in â— Johan m. 9. William de Warenna gave 300 Marks for the Wardship or Custody of the Lands of Gilbert de Aquila and for the entrance into Farms Gersunna an Income is often found in Domesday as paid to the [4.] Gerv. Tilb. lib. 2. c. 13. Sheriff of the County who in these elder times stood charged in the Exchequer with the Kings Rents and Revenue all perhaps but the Oblata or Conventiones and some Fines or Mulcts that were charged upon particular Persons These were great Sums in the time of King John but greater in the Conquerors time And if we consider the frequency of these Payments most of the Lands in England being of this Tenure we must also think of the greatness of the Revenue arising from hence Also Penal Fines may be accounted part of this Branch John Earl of Warren had a [5.] Claus 3. Edw. 1. m 2. Penal Fines Fine of 10000 Marks laid upon him for assaulting and wounding Sir Alan Zouch and his Son in Westminster-Hall [6.] Claus 15. Edw. 1. m. 2. Hugh Despencer paid a Fine to the King of 2000 Marks for Marrying Isabell Widow of Patrick Chaworth Daughter of William Beauchamp Earl of Warwick without Licence Likewise to this Branch may belong all Forfeitures of Goods and pecuniary Mulcts for Crimes Murder not excepted which was then Penal * Gerv. Tilb. lib. 1. c. 23. Murder Penal and punished by a Pecuniary Mulct in some Hundreds it was 36 l. in others 24 l. according to the largeness of the Hundred all Fines and Pecuniary Punishments for Negligences Omissions Misdemeanors Trespasses Batteries Fightings Woundings c. which were all redeemed and satisfied by Penalties and Fines as well now as in the Saxon times and no Suits or very few Actions brought for them but when Actions began to be frequent for these things they still retained some shadow of the Kings Prerogative in them for in every Writ at this day wherein are these words Vi Armis by Force and Arms or Contra pacem Domini Regis against the Peace of our Lord the King if the Action comes to Trial there are some small inconsiderable Fines due to the King but whether ever paid into the Exchequer is a Question yet they are always levied by the Sheriff upon a Capiatur issuing out of the Office of that Name Money paid to the King to have Trials and Judgments Compositions or Money paid to the King to have Trials and Judgments in many Controversies which in these times were common and incident to the Tenure and Money paid for Liberty to sue and take forth Writs may be reckoned part of this Branch [7.] Obl. 2. Johan m. 14. Ebor. William de Stutevill gave 2000 Marks [8.] Hoved. fol. 456. b. n. 20 30 40. pro judicio habendo to have Judgment in the Barony of Frontebeof in a Controversie between him and William de Albany concerning that Barony which was determined by the Council of the Kingdom and Will of the King and Peace and final Concord made between them [9.] Rot. Pip. 2. Richard 1. Ebor. William de Latimer gave 100 s. to have a Trial at Law with Galfrid de Valoins who had possessed himself of part of his Park And many considerable Sums of Money I have met with given to obtain Writs in several cases in the times about and near unto the Conquest And this may be the reason why Glanvil so very often in â—his Treatise of the Laws and Customs of England hath these words Petens ac querens perquirit breve the Demandant or Plaintiff may purchase a Writ Hence 't is probable at first came the present usage of paying 6 s. 8 d. where the Debt is 40 l. 10 s. where the Debt is 100 l. and so upwards in Suits for Money due upon Bond. The last thing which may fall under this Branch were Tolls and Customs for Passage and Pontage Tolls and Customs for what paid Tolls and Customs for Liberty of Buying and Selling. Excise or Tolls and Customs upon [1.] Gervas Tilb. lib. 1. c. 21. Victuals and many other things Besides the ancient and greater Customs which are properly so called upon Merchandises This Toll for Liberty of [2.] LL. Ed. Con. c. 24. buying and selling for freedom of Markets and Fairs and protection in going to and coming from them was also in the Saxon times before the Conquest Therefore it was that Markets and Fairs were then kept and all things sold in good [3.] LL. Ed. Sen. c. 2. LL. Aethelst c. 12.13 Towns Castles and Ports only in the presence of the Magistrate of the place or Kings Officer And it was by Law Established in the [4.] LL. Will. 1. c. 61. No Markets but in Cities Burghs Castles c. Conquerors time that no Market or Fair should be permitted but in Cities Burghs Walled Towns and Castles where the Customs of the Kingdom the common Right of the King and Dignity of his Crown as they were Constituted and Established in the times of his good Predecessors might not be lost or violated [5.] Dav. Rep. fol. 12. b. Paid by all Nations Tolls were Originally imposed according to the value of things sometimes an eighth part sometimes a twentieth sometimes a fortieth and were ever paid by [6.] Ibidem Romans Brittains Saxons [7.] Lindinbr Codex LL. vet passim Tolls were farmed before and after the Conquest Germans and perhaps all other Nations After this rate in the Conquerors time they were of some value These were generally farmed both before and after the Conquest Yet Edward the Confessor kept in his own hands through all England these three Forfeitures as they are called in [8.] In Civit. Sciropesberie Domesday [9.] Domes fol. 1. col 2. Breach of the Peace Forstell viz. Cutting Cross Hedging or stopping up the Kings High-way and g Hein-â—are flight for Murder or perhaps taking away another Mans Servant [1.] Civit. Hereford in Domesday for every of which there was paid One hundred Shillings Crown Lands a third Branch of his Revenue A third Branch of his Revenue were Crown Lands being 1422 Maners [2.] Domesd in the several Counties or Lordships in several Counties besides several Farms and Lands in Middlesex Shropshire Rotelandshire in the last of which he had also 150 l. of Rent in white Money These with the (h) Escheats in general are taken in * Col. 1381. Gervase Tilb. for Reliefs Wardships and Marriage Fines also but more particularly they are interpreted as above written Escheats which were Lands and many times great Baronies forfeited to the King for (i) The word used in the same * P. 60. b. Author for Felony is Scelus
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
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
Salisbury that favoured the Empress he raised all the Force he could and upon the first day of July in the Evening came thither and set fire on the Town where the Kings Soldiers lay which put the King into such a fright who then was in the Nunnery that he left his Plate and other Goods behind him and by the benefit of a dark Night hardly escaped with his Brother Henry Bishop of Winchester The Earls Soldiers killed many of the Kings and took many amongst them [2.] Gervas ut supra Col. 359. lin 1. c. William Martel taken Prisoner his Ransom William Martel for whose Redemption there were given 300 Marks and the Castle of Sherborn Not many days after [3.] Ib. n. 10. Milo Earl of Hereford dies An. Do. 1144. Milo Earl of Hereford one of the chief Counsellors most faithful Friends and greatest Supporters of the Empress died to her great Grief and Misfortune The next year King Stephen seized upon Geofry de Magna villa in his Court at St. Albans and kept him Prisoner [4.] Ibid. Col. 360. n. 10 Hen. Hunt ut supr n. 40. King Stephen seiseth Geofrey de Magna villa he gives up the Tower of London his Castles of Walden and Plessetâ— King Stephen besiegeth Lincoln and is baffled until he delivered up to the King the Tower of London his Castles of Walden and Plessets and not long after was slain first having given the King much trouble and Plundered Ramsey Abby After this the King again besieged the Castle of Lincoln where the Earl of Chester destroyed eighty of his [5.] Ib. n. 50. Workmen and Engineers so as he was forced to depart having done nothing From thence he gathered a great Force and marched to [6.] Ibidem b. n. â—0 Anno Domini 1145. The Earl of Gloucester worsted at Faringdon King Stephen besiegeth Walingford Castle Faringdon where the Earl of Gloucester was erecting a strong Fortress or Castle where they fought or rather skirmished and much Blood having been spilt the Earl was forced from his Enterprise From thence he came and besieged Walingford Castle against which when he saw he was not likely to prevail by Force or Art he built a Castle called [7.] Ibidem n. 30 40. Gervas Doroâ— col 1361. n. 10 20. He built Craumerse Castle against it The Earl of Chester makes his Peace he is made Prisoner and delivers Lincoln Castle Anno Domini 1146 1147. Craumersh and placed a Garison to keep in and hinder the Excursions of the Garison of Walingford Hither came to the King Ranulph Earl of Chester and made his Peace and added to his Forces a considerable Strength A while after he came to the Kings Court at Northampton where he was taken and kept in Prison until he had delivered to the King the Castle of Lincoln in which City he kept a most splendid Christmass Geofrey Earl of Anjou having subdued and [8.] The Earl of Anjou sends for his Son Henry Robert Earl of Gloucest dies settled Normandy and Anjou in Peace had a great desire to see his Son Henry and sent three Noblemen with a Guard for him to Earl Robert who Conducted him safely to Warham where he took Ship and afterwards never saw him for the Earl fell sick of a Fever at Gloucester of which he died on the First of November and was buried at Bristol in the Monastery he built there After his Death the [9.] Ibid. Col. 1363. lin 1. The Empress goes into Normandy to her Husband Empress wearied out with these Commotions and Wars in England before Lent passed over into Normandy choosing rather to live there with her Husband in Peace than undergo so many Troubles In the year 1149. Henry the Son of the [1.] Ibid. Col. 1366. n. 30 40. An. Do. 1149. Henry the Son of the Empress comes into England Empress Cum grandi Comitatu militum Electorum peditum rediit in Angliam returned into England with a great Company of choice Knights or Horsemen and Foot and stirred up the Thoughts and Courage of many against King Stephen for after the Deaths of Robert and Milo Earls of Gloucester and Hereford and the Empress having passed the Sea none could move the Noblemen against King Stephen but the true Heir to the Crown After his Appearance in England he took with him Ranulph Earl of Chester and Roger Earl of Hereford and some others He is Knighted by David King of Scotland his Great Uncle besides those he brought with him out of Normandy and went to David King of Scotland his Great Uncle who received him with great Joy and Honour and in the Solemnity of Pentecost Knighted him and some others This raised [2.] Ibidem n. 60. Col. 1367. lin 1. David King of Scots comes to Carlisle great Suspicion in King Stephen and his Son Eustachius for when the King of Scots with his Forces and his Nephew with the * So called in respect of the East parts of Scotland The two Kings of England and Scotland retreat one from another Western Barons of England were united in the foresaid Solemnity King Stephen came to York with a great Army lest they should surprize that City and stayed there unto the end of August but both the Kings one at Carlisle the other at York were afraid of one another and so of their own accords they retreated Stephen towards Lincoln and David toward Scotland but Eustachius Son of Stephen now also Knighted by his Father made great havock and spoil upon the Lands belonging to the Earls and Barons which favoured Henry [3.] Ibid. Col. 1367. n. 30. An. Do. 1150. These old Historians begin the year at Christmass Henry receives the Dukedom of Normandy who in the beginning of January in the year following sailed into Normandy and with his Fathers good liking received that Dukedom [4.] Chron. Norm f. 984. B. C. D. The King of France takes offence at it They are reconciled Geofrey Earl of Anjou Henry's Father dies as his Inheritance by his Mother At which the King of France took offence raised an Army and with Eustachius in his Company invaded Normandy and besieged the Castle of Arches Earl Geofry and his Son prepare to oppose him in the mean time he burnt the City of Sees and when the Father and Son had drawn together a great Army and Marshalled their Troops by the Mediation of Wise Men the King received the Homage of Henry for the Dukedom of Normandy and one Gerrard Berlas Lord of the Castle of Monstreul out of Prison and so rested satisfied Being thus in quiet Duke Henry intended to call together all his great Men of Normandy on the Fourteenth day of September at Lisieux to Treat and Consult about his Voyage into England in the interim his Father labouring under a great Fever died on the Seventh of the same Month and left him Lord and Heir of Normandy and Anjou Within less then half a year
he died without Issue accompanying King Henry the Second at the Siege of Tholose Anno Domini 1159. or 1160. 4. Maud [2.] Ibidem his eldest Daughter died young 5. Mary [3.] Ibidem f. 44. his second Daughter first Nun then Abbess in the Nunnery of Rumsey in Hampshire being secretly taken from thence was Married to Matthew Earl of Flanders c. and had Issue by him two Daughters Ida and Maud c. His Natural Issue were 1. WIlliam [4.] Ibidem who in a Charter of the former Williams is called his Brother c. 2. Gervase [5.] Ibidem begotten of a Norman Gentlewoman named Dameta and brought into England in the year 1140. was Abbat of Westminster twenty years and died in the year 1160. THE REIGN OF King Henry II. Anno Domini 1154. WHen King Stephen died King Henry was in Normandy and after his death so soon as he had notice came for England and landed here on the Seventh of December [1.] F. 92. n. 20. How King Henry came to the Crown and as Mat. Paris says was received by the Clergy and People with great Joy and by their Acclamations saluted King and Crowned at Westminster on the Nineteenth of the same Month by Theobald Arch-Bishop of Canterbury John Brompton [2.] Col. 1043. n. 40. writes That Stephen being dead Henry the Second the Son of Maud the Empress was by Arch-Bishop Theobald Consecrated King and received an Hereditary Kingdom without diminution The People shouting for Joy and Crying out Let the King live * Gervas Chron. Col. 1377. n. 30. He Banisheth or thrusts out the Flemmings and Strangers out of England He held his Court at Christmass at Bermundsey where he Treated with his Principal Men concerning the State of the Kingdom and setling Peace and resolved to expel the Strangers out of England and destroy the small Places of Strength built during the War In the Reign of King Stephen many Strangers Flemmings especially came over as Soldiers in hopes of great Booty and Plunder and had seated themselves in England by the permission of that King and were very loath to leave their warm Seats yet by his [3.] Ib. n. 50. He demolisheth the new built Castles Edict fixing them a day for their Removal when they saw they could not continue here they left the Nation and his next work was to have all the Castles demolished which had been built since the [4.] Ibidem n. 60. death of his Father except some few which were kept up for the Strength of the Nation The [5.] Ibidem Col. 1046. n. 40 50. He recalled the Crown Rents and Lands Crown Lands and Rents which King Stephen had given to his Followers he recalled and Commanded That whosoever were possessed of them they should be restored wholly and fully without any manner of diminution Many pleaded the Charts and Donations of King Stephen To which King Henry Answered That the Charts of an Invader ought not to prejudice a Lawful Prince They were very loath at first but at length they all resigned up theiâ— Usurped Estates In Northumberland they were most resolute and therefore [6.] Ibidem n. 50 60. King Henry went thither and cited before him William Earl of Albamarle and others who with great grief submitted to his Power and yielded up the Kings Lands and Demeasns which they had possessed many years together with the Castle of Scardeburgh in Yorkshire Hugh Mortimer only opposed the King who when he was Commanded to deliver his Castle of Bridgnorth in Shropshire fortified it against him which the King besieged and in a short time took and he begging the Kings Mercy for his Rebellion was Pardoned delivering also his other Castles From William the Son of King Stephen he took all the Lands his Father had given him except such as he held in the time of King Henry his Uncle In the time of Contention between [7] Ibidem Col. 1047 n. 10. Mat. Paris f. 96. n. 40. Maud the Empress and King Stephen for the Kingdom of England David King of Scotland had in her Name seized upon the Counties of Northumberland Cumberland and Westmerland and possessed them as his own These King Henry required of him and the then King of Scotland Malcolm presently parted with them and all their Rights receiving from him the Earldom of Huntington as belonging to him of Ancient Right In March the Queen was delivered of a Son at London called after his [8.] Chron. Gervas Col. 1377. n. 50. Fathers Name Henry After Easter there was a [9.] Ibidem Col. 1378. n. 20. An. Dom. 1155. Henry Son of King Henry born General Convention of the Bishops and Chief Men of all England at Walingford where they sware Fealty to the King and his Heirs to his eldest Son William if he should outlive his Father and to the Infant Henry if he outlived his Brother Not long after the [1.] Brompton Col. 1047. n. 50 60. Col. 1048. n. 10 â—0 Guil Neub rerum Angl. lib. 2. c. 5. Mat. Paris f. 96. n. 50. Rad de Diceto Col. 535. n. 20. An. Do. 1156. The Welsh Conqueâ—ed and yield Welshmen making Incursions into England King Henry raised a great Army to subdue them or at least bring them to a Peaceable Correspondency The Welsh trusting to the security of their Woods and Mountains retreated thither upon his Approach The Van of the Army marching on as well as they could in those places was intercepted by them and a great part of it cut off Henry de Essex the Kings Hereditary Standard-Bearer threw it down and fled and told those which he met the King was dead which put the Army into great confusion but upon the Kings hasty appearance it received new vigor Rallied and forced their Enemies to such Terms as satisfied the King He cut down their Woods and made open Ways into their Country had the Castle of Roelent and all other Places of Strength delivered unto him which they had taken from his Predecessors and received the Homage and Fealty of their Nobles and Great Men. For his Cowardise [2.] Ibidem An Appeal of Treason Henry de Essex was charged by Robert de Montfort a Nobleman of Fame with Treason and in a Trial by Battle was vanquished for which he ought to have lost his Life by Law but the King spared that causing him to be Shorn a Monk in the Abby of Reding and seized all his great Estate The Welsh thus secured the King had news that his Brother [3.] Joh. Brompton Col. 1048. n 40 50. An. Do. 1257. According to Mat. Paris 1156. King Henry's Brother Geofry claims Anjou Pleads his Fathers Will and Brothers Oath Geofry was very troublesome beyond Sea He was his next Brother and his Father Geofry Earl of Anjou had by Will given him that Earldom when his Brother Henry should be possessed of the Kingdom and Dukedom of Normandy his Mothers Inheritance and
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.
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
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
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
laudably and learnt the Wisdom of this World by which afterwards he knew well how to transact the Common affairs of the Church of England and the public business of the Kingdom or secular Government Reversus receptus in partem Sollicitudinis Reipublicae Londinensis vicecomitum Clericus rationalis effectus jam ibi laudabiliter se habens didicit prudentiam hujus Lucis [6] Ib. Col. 2. Qua postmodum probe noverat Communia Ecclesiae Anglorum publica totius Regni egregie magnificè tractare negotia He [7] Ibidem How he was brought to the knowledge of Arch-Bishop Theobald was brought to the knowledge of Theobald Archbishop of Canterbury by two Brethren of Bologn Baldwin Archdeacon and Master Eustachius oftentimes his Fathers Guests and of the Retinue and acquaintance of the Arch-Bishop [8] p. 2. Col 2. By him he was imployed to Rome who sent him several times to Rome upon business concerning the English Church where he was in great favor with the Popes and great Officers of the Roman Church The [9] Ibidem p. 3. Col. 1. His first Preserment first Preferment he had was the Church of St. Mary in the Strand which stood I think where Somerset House is now built given him by the Bishop of Worcester then the Church of Otford given him by the Arch-Bishop Then he was made Prebend of St. Pauls London He went to Bononia and Auxerre and studied Law and also Prebend of Lincoln By leave of the Arch-Bishop he passed the Sea and Studied the Laws one year at Bononia in Italy and afterwards at Auxerre in France In process of time the Arch-Bishop ordained him Deacon and made him Arch-Deacon of Canterbury who was then after Bishops and Abbats the first and best Clergy man in England the Arch-Deaconry being worth to him one Hundred Pounds of Silver by the Year By the [1] Ibidem p. 5. Col. 1. He is made Chancellor His Popularity His Enterteinment and the manner of it mediation and procurement of the Arch-Bishop and the Bishop of Winchester he was made Chancellor and proved mightily popular His 2 House and Table was common to all Indigent persons of whatsoever order coming to Court There was scarce a day passed but he Eat with Earls and Barons which he himself invited he commanded his Roâ—ms of Entertainment should every day be strewed with fresh straw or hey in Winter and with fresh Rushes or green grass or leaves in Summer That the multitude of Knigts or Military men the Seats could not receive might sit down upon a clean floor lest their fine Cloaths and shirts might be Spotted and Sullied with the Dirt or Dust The [3] Ib. Col. 2. p. 6. Col. 1. The Kings and Noblemens Sons Committed to his Education Great men of England and Neighbour Kingdoms sent their Sons to serve him from whom they received ingenuous Education and were often Knighted and sent back to their Parents with honor The King himself placed his Eldest Son with him and recommended him to his Education whom with many of the Sons of Noblemen and their Retinue their Masters or Tutors and proper Servants he had alwaies with him and treated them with all due honor To him [4] Ib. Col. 2. p. 7. Col. 1. Noblemen and Knights without number did Homage which he received saving their Faith to the King Cancellario Hamonagium infiniti Nobiles Milites faciebant * 't is Homagium in Quadrilogus He receives homage of Noblemen c His Bounty and Liberality Quos ipse salba side Domini Regis recipiebat There was scarce a day in which he did not give some large boons as Horses Hawks rich Cloathes Gold or Silver utensils or money And his Liberality and bounty was such that he became the love and delight of all Europe and was most acceptable to the King Clergy Military men and people Regi Clero [6] Militia here signifies Tenents in Capite Earls Barons Knights and other Military men as it alwaies doth in old Historians Militiae populo erat acceptissimus Thus he behaved himself in Peace let us see what he did in War In the [7] Ib. p. 8. Col 2. His great Retinue Army and Siege of Tholose when all England Normandy Anjou Britany Poicton and Scotland furnished out Soldiers to the King The Chancellor had a chosen number of Seven Hundred Knights of his own Family or Forces See more of this matter in the Reign of this King f. 302. E. After [8] Ib. p. 10. Col. 1. Col. 2. He is made Arch-Bishop of Canterbury A. D. 1162. The See of London was then void Gervas Dor. Col. 1669. n. 20. the Death of Theobald the King being confident he would serve and obey him according to his will and pleasure as when he was Chancellor resolved to preferre him to the Arch-Bishoprick To which he was unanimously chosen by the Suffragans of his Province and in the year of our Lord 1162. in the Octaves of Pentecost on the Feast Day of holy Trinity in the Metropolitan Church in the presence of all the Suffragan Bishops was presented to the Church of Canterbury by Henry Son and Heir of King Hen. 2d and by Richard de Luci and other great men of England on behalf of the King then beyond Sea and was ordained by Henry Bishop of Winchester and Pope Alexander the 3d. sent him a pall by his Clerc or Chaplain John of Salisbury afterwards Bishop of Chartres in France and well known by the name of Ivo Carnotensis Hoveden says King Henry gave him the Arch-Bishoprick [9] f. 282. a. n. 20. Anno ab incarnatione Domini 1162. Hen. Rex dedit Tho. Cancellario Archiepiscopatum Cantuariae That is named him or gave him a Conge Destire After he was consecrated [1] Ib. p. 11 12 13. After his Consecration he changed his manner of living and proved Disobedient to the King Arch-Bishop he became another man put on a severe and rigid Monks Habit lived an austere life and altered chose and ordered his family accordingly and contrary to the Kings hope and expectation he withdrew himself from the Kings obedience and service and contradicted him in many things [2] Ib. p. 14. Col. 1. Postquam Rex Archiepiscopum fecerat a suo se retraxit obsequio in pluribus contradixit Some [3] Ibidem The Kings mind alienated from the Arch Bishop Court Clercs and Bishops about the King who fearing the Titles of their Preferments and the Arch-Bishops power perswaded him that if it should go on his power must come to nothing and unless he provided for the security of himself and Heirs he should at any time be King whom the Clergy would choose and he should Reign as long as the Arch-Bishop pleased [4] Ib. Col. 2. This saith mine Author was the first cause of the Kings displeasure against him It [5] Ibidem The Kings displeasure
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
Commanded his Precepts should be made in the Kingdom per quod fieri praecepit Mandata sua in Regno He Delivered him also in Custody the Tower of London and to the Bishop of Durham the Castle of Windsor in Custody with the Forests and County The King was no sooner gone but his two Chief Justices contended about Power that which pleased one displeased the other In the year 1190. King Richard kept the [2] Hoved. f. 378. a. n. 40.50 A. D. 1190. first Christmass after his Coronation at Bure in Normandy with the Great Men of that Nation After that Solemnity Phillip King of France and he met and Established a firm Peace between themselves and Kingdoms A firm Peace Established between the Kings of England France which was Written and Confirmed by their Oaths and Seals on the Feast of St. Hillary Jan. 13th and the Archbishops and Bishops of both Kingdoms agreed to it In the word of Truth in verbo veritatis and the Earls and Barons of both Kingdoms swore they would faithfully keep that Peace which was [ ] Append. n. 69. The Articles of the Peace That they should both preserve the Honor of each other and keep Faith to one another in Defending their Lives Limbs and Terrene Honor. That neither should fail the other in the Management of their Affairs But that the King of France should help the King of England to Defend his Land as if he were to Defend the City of Paris if it were Besieged And so King Richard was to Defend the King of France his Dominions as he would Defend Roven if that were Besieged [4] Ibid. b. lin 3. The Earls and Barons of both Kingdoms swore They would not Depart from their Fealty to their Kings nor make any War or Broyls within their Dominions while they were in their Peregrination and the Archbishops firmly promised in the Word of Truth That they would Anathematize the Transgressors of this Peace and Agreement They further agreed That if either of them Died the Survivor should have the Money and Men of the Defunct to carry on the Service of God And because they could not be ready by the Close or Octaves of Easter they Deferred their Voyage until Midsummer After [5] Ibid. n. 30. King Richard sends for his Mother his Bishops and Brother to come to him into Normandy The Bishop of Ely Chancellor made chief Justiciary by the King Candlemass the King sent for Queen Alienor his Mother Alice Sister to Phillip King of France Baldwin Archbishop of Canturbury Iohn of Norwich Hugh of Durham Godfrey of Winchester Reginald of Bath William of Ely Hubert of Salisbury Hugh of Chester Bishops and Geofrey Elect of York and his Brother Iohn Earl of Moreton to come to him into Normandy and having advised with them he constituted William Bishop of Ely his Chancellor Chief Justice of England Summum Justitiarium Angliae and granted to Hugh Bishop of Durham the Office of Justitiarie from the River Humber to the confines of Scotland Concessit Hugoni Episcopo Dunelmensi Justitiarium à fluvio Humbri usque ad Terram Regis Scotiae [6] Ibid. n. 40. His Bâ—others John and Geofry swear they would not go into England in three years without his â—ave John Earl of Moreton released from his Oath And made his Brothers Iohn Earl of Moreton and Geofrey Elect of York swear they would not go into England within three years next following without his leave yet soon after he released his Brother Iohn from his Oath and gave him leave to return to England Upon his making another Oath that he would faithfully serve him From [7] Ibid. n. 50. He writes to the Pope to make his Chancellor Legate Normandy he sent his Chancellor into England to prepare all things necessary for himself and his Expedition and designing to Exalt him above all the Clercs and Laics of his Kingdom He sent to Pope Clement and prevailed with him to Commit to him the * See Append. n. 70. * â—cest the King or his Chancellor 1500 Marks See Hoved. f. 380. b. n. 10. Legantin Power of all England and Scotland or rather Wales His Chancellor at his return incompassed the Tower of London with a Deep Ditch intending the Thames should flow about it and [8] Ibidem The Chancellor encompassed the Tower of London with a Ditch And levies an Ayd for the Kings use Took for the Kings use of every City of England two Palfreys or Saddle Horses and two Sumpters as an Ayd and of every Abby one Palfrey or Saddle Horse and one Sumpter and of every of the Kings Maners as of the Abby's These horses undoubtedly were to be imployed in the War he was undertaking though 't is not said so in the Historian On the 16th of [9] Ibidem f. 379. a. lin 1. The Jews shut themselves up in the Tower of York for fear of the Christians They refuse to deliver it upon dâ—mand They cut one anothers throats rather than yield March and upon the Eve of Palm-Sunday the Jews of the City of York by consent of the Constable and the Sheriff shut themselves up in the Tower there for fear of the Christians and when the Constable and Sheriff Demanded the Tower of them they refused to deliver it whereupon the Citisens and Strangers which came to the County Court Populus Civitatis Extranei qui ad Comitatum venerant at the Request and by the incouragement of the Sheriff and Constable made an assault upon them which they continued Night and Day so as the Jews offered a great Sum of Money for Liberty to be gone but the people would not accept it These Jews were all destroyed The Historian reports that finding they must fall into the Hands of the Christians by agreement and Consent they cut one anothers throats rather than they would Dye by the hands of the incircumcised and enemies to their Law However it was [1] Ibid. n. 20.30 The * See Append. n. 71. what Power he gave him The Chancellor comes to York and displaces the Sheriff and Constable of the Tower Chancellor now also the Popes Legat and Justitiarie of all England after Easter came to York with a great Army to take those malefactors which destroyed the Jews and knowing it was done by the Command of the Sheriff and Constable he Displaced them both and took of the Citisens an hundred Pledges for the keeping of their faith and peace to King and Kingdom and that they would stand to the Law in the Kings-Court concerning the Death of the Jews And the Knights or Military Tenents of the County That is the Strangers which were Suitors and came to the County-Court as above which would not come to right or rather appear to the Accusation he caused to be apprehended Milites autem provinciae Qui ad Rectum noluerunt venire praecepit Comprehendi At this time by the [2] Ibid. n. 40. The
Bishop of Durham returns into England Kings leave Hugh Bishop of Durham returned into England and met the Chancellor at Blithe in Nottinghamshire and delivered him the Kings Letters Patents by which he had made him Justitiarie from the River Humber unto the confines of Scotland He told him he was ready to obey the Kings Commands and carried him with him to Suthwell in the same County and kept him until he had delivered Windsor Castle and the rest which the King had given him in Custody He also Delivered his Son Henry Pudsey de Puteato and Gilbert de Lalea pledges for his faith to the King and Kingdom or Government [3] Ibid. n. 50. when the Bishop was free he went to his Town of Hâ—vedene where when he had staid some days came Robert Longchamp Brother to the Chanchellor and William de Stutevill with many armed people He is ill treated by the Chancellor and would have taken him away by command of the Chancellor But he gave security he would not stir from thence without leave of the King or Chancellor The Bishop sent his Messengers to the King to inform him of all things the Chancellor had done The King was at Marseille where the Bishops [4] Ibidem f. 380. a. n. 20. He informs the King of it and is by his precept restored to his possessions Messengers came to him and having heard the Injury done to him by the Chancellor he sent a Precept for the Delivery and possession of the Earldom of Northumberland and Maner of Sadberg according to the Charter he had made and that these were deteined in all probability was the only Complaint of the Bishops Messengers and the quarrel between him and the Chancellor for the King takes no notice of any thing else not the least of any other injuries done him From Normandy the King went to [5] Ibidem f. 379. b. l. 5. Chinon in Anjou and there made Gerard Arch-Bishop of _____ Bernard Bishop of Baion alias Bayeux Robert de Sabloil Richard de Camvil and William de Forz de Vlerun the Commanders of his whole Fleet. Deinde perrexit Rex Angliae in Andigaviam ad Chinonem ibi Constituit Girardum * What Arch-Bishop this was whether it might not be of Angiers or Auxeâ—â—e I know not Anxiensem Archiepiscopum Bernardum Episcopum de * False Printed it should be Baioceâ—sem See there f. 380. b. n. 40. Baiona Robertum de Sabul Ricardum de Canvill Willielmum de Forz de Vlerun Ductores Constabularios totius Navigii sui The Commanders or as the Historian calls them Constables of his Fleet being appointed by the Advice of heroic Discreet men He made [6] See Append n. 72. Laws made for preservation of Peace and Amity in the Fleet and Army Laws for prevention of Quarrels and Mischief and preservation of Peace and Amity in it which were That if any one Killed a man in a Ship he was to be bound to the Dead man and thrown into the Sea if he Killed on Shore he was to be bound to the Dead man and Buried with him If any one was Convicted by lawful Witnesses that he drew his Dagger or Knife to hurt another or drew Blood he was to lose his Hand If any one struck another with his open hand without Effusion of Blood he was to be Ducked thrice over head and ears in the Water If any one gave to his Companion opprobrious Language so often as he did it he was to give him so many Ounces of Silver If any one Stole any thing his head was to be shaved and boyling Pitch poured upon it and Feathers stuck in it that he might be Known and the first Land the Ship came to he was to be thrown out of it [7] Hoved. ut supra n. 10 20. And in another Edict or Writ in alio Brevi suo That all persons in his Fleet should obey the Commands and Orders of the Officers he had appointed ut obedirent Dictis Preceptis praedictorum Iustitiariorum Navigii sui From Chinon he went to [8] Ibid. n. 20 30. King Richard receives the Scrip and Staff of Pilgrimage A. D. 1190. Tours and there received the Scrip and Staffe of Pilgrimage from the hands of the Arch-Bishop and passed on to Vezelay where he met the King of France where they stayed only two Days and left that place on the first of July and went forward to Lions and passed the River Rhosne and there parted their numbers not permitting them to keep the same course the King of France taking his way to Genoa and the King of England to Marseille To which place [9] Ib. b n. â—0 Baldwin Arch-Bishop of Canturbury Hubert Bishop of Salisbury He had a presperous Voyage to Acon and Ranulf de Glanvill sometime Justiciarie of England came with the King and shipped themselves and had a prosperous Voyage to Acon Iohn [1] Ibidem The Bishop of Norwich is absolved by the Pope and returns home He pays the Kâ—ngs 1000 Marks Bishop of Norwich repented him went to the Pope was absolved from his Engagement and had Licence to return home which being known to the King he received of him a thousand Marks for his Redemption or to be freed from his promise of undertaking the Crusado When the King had [2] Ibidem f. 380. a. n. 30.40 staid at Marseille Eight Days in expectation of his Fleet he was out of patience and there hired ten Great Busses and twenty well armed Gallies and Shipped as many as he could and Sailed from thence upon the seventh of August and Coasted it along toward Sicily His Fleet came not thither until the 22d of [3] Ibid. f. 383. a. n. 50. August and there staid Eight Days to Mend and Cleanse their Ships and then followed the King and on the 14th of [4] Ibid. September arrived at Messina Here the two [5] Ibid. b. n. 30. The English by force take Messiua Kings met again King Richard Demanded his Sister Ioan of Tancred King of Sicily the Widow of William the late King and she was Delivered to him out of Custody And afterwards the English by [6] Ibid. f. 384. a. n. 30. What was demanded of Tancred King of Sicily by King Richard force took the City of Messina which King Richard kept untill Tancred had satisfyed all his Demnads which were That he should permit his Sister to injoy the Dower setled upon her by King William of Sicily her Husband That she should have the Gold Chair according to the Custom of the Queens of that Country Also the Gold Table 12 Foot long and one Foot and half Broad and two Golden Tressels belonging to that Table [7] Ibid. b. n. 50. f. 385. a. lin 1. c. and a Silk Tent in which 200 Knights might be entertained and 24 Silver Cups and so many Silver Dishes and 60000 Measures of Wheat and as
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
he came into Normandy he forthwith went to Stephan Langeton performed his Canonical Obedience to him and was Consecrated by him on the 20th of December And when it was Known to the King he seized the Bishopric and confiscated the Profits and Delivering the Seal to VValter de Gray made him Chancellor King Iohn kept his Christmass at Windsor [2] Ibid. n. 20. A. D. 1210. The great men attend upon the King notwithstanding the Interdict where all the great men of England attended upon and conversed with him notwithstanding the Sentence of Interdict but whether out of Loyalty or Fear it remains Doubtful The Historian says Omnibus sese subtrahentibus Rex nocivè insidebatur the King sat upon the Skirts of all such as withdrew or absented themselves This year the [3] Ibid. f. 230. lin 6. n. 20. King passed over with an Army into Ireland and having [3] Ibid. f. 230. lin 6. n. 20. disposed all things according to his mind returned and Landed in England on the 30th of August and making great speed to London caused all the Prelates of England to appear before him Upon this [4] Ibid. n. 30. He Summons all the Prelates of England to appear before him All Ecclesiastics forced to a Composition general Summons there came Abbats Priors Abbesses Templars Hospitallers the Guardians of the Towns of the Order of Clugny and other Transmarine Aliens of what Order or Dignity soever who were all forced to so great a Composition as it was Reported the Summe amounted to an hundred thousand pounds Sterling And the White Monks only all other excepted were forced to pay to the King 40000 l. of Silver The King [5] Ibid. n. 40. A. D. 1211. He raised a great Army and Marched into Wales Summoned a great Army to meet him at VVhitchurch in Shrapshâ—re with which on the eighth of July he marched into VVales as far as Snowdun and carried all before him the Kings and Nobles he subdued without Resistance for their future subjection he received twenty eight Pleges And having passed all over that Nation came back to VVhitchurch on the 15th of August He subdued them and received Pleges for their obedience and proceeding from thence to Northampton where the Popes Nuntio Pandulph and Durand a Templar met him who came into England to make Peace between the Secular Government and the Ecclesiastic Qui ad hoc venerunt ut pacem inter Regâ—um Sacerdotium Reformarent At the Request of these men the King [6] Ibid. n. 50. This willingness to receive the Archbishop and all the proscribed Bishops freely granted that the Arch-Bishop of Canturbury and the Monks and all the Proscribed Bishâ—ps might return in Peace and Security to their own places But because the King would not make satisfaction for the Damages done to and the Goods of the Arch-Bishop and Bishops which were Confiscated The Treaty came to nothing the Nuntio and his assistant returning into France [7] Ibid. He â—axed those that did not go with him in hâ—s Welch expedition So soon as they were gone the King took of these Mâ—litary men that were not present in the Welch expedition for every Knights Fee two Marks of Silver About [8] Ib. f. 231. lin 1. A. D. 1211. Reginald Earl of Bologn ill used by the King of France He is kinâ—ly received by King John this time Reginald de Domino Martino Dan Martin Earl of Bologn was thrust out of his Earldom and deprived of all his Goods by the King of France who gave it to his own Son Philip in perpetual right with the Daughter and Heir of that Earl who came into England and was Honorably received by King Iohn by whose Bounty he received 300 l. a Year in Land and did Homage and Fealty to him [9] Ibid. l. 7. Tho. Walsin Hypodig Neust f. 460. n 20. Leolin Prince of North Wales made some incursions into England but was repelled and forced to subjection The Pope [1] Paris f. 231. n. 10. The Pope absolveth all his Subjects from their Allegiance much admiring the Contumacy of King Iohn That he would not comply with the Dictates of his Nuntio absolved all his Subjects high and low from their Fidelity and Subjection to him Forbidding all and singular under the pain of Excommunication strictly to avoid him at his Table in Counsel Discourse and Conversation At Dinner on [2] Ibid. n. 30. A. D. 1212. Mid-Lent Sunday the King Knighted Alexander the King of Scots Eldest Son and Heir And about that time Mauger [3] Ibid. Bishop of Worcester Dyed at the Abby of Pontigny in France Not long after [4] Ibid. n. 40. The Welch make Incursions into England the Welch made hostile irruptions and took several Castles in England and cut off the heads of the Defendants burnt many Towns and returned with great spoils into their own Country The King was much moved at this action and levyed a great Army exercitum innumerabilem of Knights and ordinary Horse and Foot resolving to harrass all Wales and exterminate the Inhabitants and in Revenge [5] Ibid. King John Hanged the Welch Hostages Hanged up the twenty eight Hostages or Pleges he had Received the year before Just as he was ready for the Expedition he received [6] Ibid. n. 50. He hath notice of a Conspiracy against him but slights it Letters from the King of Scots and his Daughter Wife to Leolin King of Northwales and others of a Traiterous Conspiracy formed against him all which he neglected and slighted and went on to Chester where again he received Letters [7] Ibid. f. 232. lin 1. That if he Marched forward he would either be Slain by his Noblemen or delivered to his Enemies to be Destroyed At these Repeated Letters he was much Troubled and when he understood his great men of England were absolved from their Obedience and Fealty he gave more Credit to the Letters [8] Ibid. lin 3. At length he was convinced and sent to his Great men for Pleges Atque cum intellixisset Magnates Angliae a sua esse Fidelitate absolutos majorem literis sibi destinatis Fidem adhibuit And then changing his Design Disbanded his Army and came to London and sent his Commissioners to all the Great Men he suspected to send him Pleges That thereby he might know who would or would not obey him Those who dare not resist the Kings Commands Some sent their Sons c others refused and fled sent their Sons Nephews and nearest Relations That so they might in some measure appease his indignation But Eustachius de Vesci and Robert Fitz-VValter being accused of the Treason fled out of England Eustachius into Scotland and Robert into France Some while after one [9] Ibid. n. 10. Peter the Hermite his Prophesie Peter an Hermite in the Diocess of York after he could not but see the Pope would Depose King Iohn Prophesied that
received additional Forces he Marched towards the aforesaid Wood And having cleared the way by great labour and burning so far as to a Religious House called Cridie the Receptacle of the Welch he commanded it to be Fired A new Castle built by the English King Henry makes a disadvantagious Peace The new Castle Demolished When the Iusticiary upon view of the place found it to be of an Impregnable Situation commanded a Castle to be built there But all the time it was in building the Workmen were frequently interrupted and many killed by the Welch and the King finding many of his own Army inwardly favored Leolin was forced to make a disadvantagious Peace whereof this was one Article That this Castle should be demolished and Leolin should give the King for his charges three Thousand Marks A. D. 1229. In the year year 1229. the King [8] f. 353. n. 20 The Archbishop of Burdeaux comes to invite the King into France With large promises of assistance The King gave him a slight dilatory Answer kept his Christmass at Oxford the Great Men being with him while he was there the Archbishop of Burdeaux came to him from the Great Men of Gascoigny Aquitan and Poictou and also Messengers from Normandy to sollicite the King to come in person into those Countreys assuring him that they would be all ready with Men Horse and Arms to assist him in recovering his antient Inheritance Vt posset revocare amissas Haereditates The King by the advice of his Justiciary whose Counsel he he followed in all things Answered them he could not comply with them at present but would wait for a more convenient opportunity So the Messengers returned without any other Answer [9] f. 355. l. 4. The King's Messengers attend in vain The Popes resolution without Money They promise him a Tenth of all Moveables in England and Ireland Alexander Bishop of Chester Henry Bishop of Rochester and Master John de Houghton Arch-Deacon of Bedford the Kings Messengers at the Court of Rome according to appointment attended on Ash-wednesday for the Popes determination concerning the Elect of Canturbury But finding both the Pope and the Cardinals very difficult to be prevailed upon by Petitions promised on the King's behalf Ex parte Regis a Tenth of all Moveables from all England and Ireland to be paid to the Pope toward his carrying on the War against the Emperor The Pope joyfully embraced this offer and forthwith caused the Election made by the Monks to be [1] Ibid. n. 20. The Pope voids the Monks election And makes Richard Chancellor of Lincoln Archbishop voided and Richard Chancellor of the Church of Lincoln was promoted by the Pope to the Archbishopric without Election by the consent of the King and the Bishops and his Election confirmed by the Pope This year the Pope sent his Chaplain [2] f. 361. l. 1. Stephan the Popes Chaplan comes into England to collect the Tenth Stephan into England to Collect the Tenths that were lately promised towards the defraying the charges of his War against Frederic the Emperor Assoon as the King understood his Message He [3] Ibid. n. 40. The King calls a Parlement or Conference of the Great Men. caused the Archbishops Bishops Abbats Priors Templars Hospitallers Earls Barons Rectors of Churches Et qui de se tenebant in Capite and those which held of him in Capite to meet him at Westminster * The Second Sunday after Easter Stephan declares his Message from the Pope Domâ—nica qua cantatur Misericordia Domini to treat upon the above-mentioned business and other Exigencies When they were met Stephan opened and recited to them the Popes Letters urging both the Occasion Necessity and Expediency which required that what was promised by the Kings Messengers should be consented to and Granted When he had ended his Speech all expected the King [4] f. 362. l. 4. The King obliged by his former promise did not oppose the collection of the Tenth would have opposed it but he being tyed up by the fore-mentioned promises Factus est Baculus arundineus cujus fragmenta vulneraverunt in se confidentes became like a broken Reed which wounded those that leaned upon it by his Silence seemed to consent But the [5] Ibid. n. 10. The Bishops Abbats c. consented to avoid Excommunication Earls and Barons and all the Laity opposed it resolving they would not oblige their Baronies and Lay-Fees to the Court of Rome But the Bishops Abbats Priors and other Prelates after three or four days deliberation and no small reluctancy consented least if they opposed they should incurre the Sentence of Excommunication Then Stephan [6] Ibid. n. 20. The Tenth was to be paid without any deductions shewed them the Popes Letter whereby he was Commissionated to Collect the aforesaid Tenths which were to be paid out of all their Profits whatever without any deductions either of Debts or Expences and was impowred to Excommunicate whoever refused and also to interdict their Churches And because the business required speed he gave notice to the Prelates that they should forthwith pay down what was due upon the Tenths and afterwards levy it upon every one by way of Tax which Exaction proved so grievous that they were forced either to Sell [7] Ibid. n. 40. Stephan brought over Usurers to lend money to such as were not able to pay the Tenth down or Pawn their Vestments Chalices and other holy Vessels belonging to their Churches Moreover he exacted the Tenths of the Autumnal fruits of the Earth while they were yet in the Bud All which they were forced to procure and pay to avoid Excommunication and Interdict And for the more ready raising of Money he brought with him certain wicked Vsurers quosdam foeneratores nequissimos who supplyed the Indigent with money which they were compelled to borrow although they were thereby irrecoverably ruined Ranulph Earl of Chester [8] f. 363. l. 3. Ranulph Earl of Chester The Clercs and Religious that depended upon him only opposed it was the only Man that opposed this Exaction not permitting any Religious Man or Clerks upon his Lands to pay any of the above-mentioned Tenths notwithstanding they were paid every where besides in England Wales Scotland and Ireland The same year on Michaelmass Day the King [9] f. 363. n. 30 The King Summons the Nobility of England to pass beyond Sea with him There wanted Ships to Transport them caused the whole Nobility of England viz. the Earls Barons and Knights to meet together at Portsmouth congregavit apud Portesmue totam Nobilitatem Regni Angliae Comites videlicet Barones Milites with such a great Number of Horse and Foot that none of his Predecessors ever gathered so great an Army together The King intended to pass over Sea to recover those Dominions his Father had lost But when the Chiefs and Mareschalls of the Army came to Victual the Ships there were not
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
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
July following he returned again to Court and was reconciled to the King upon the payment of 2000 Marks About this time [3] fol. 815. n. 10. Ethelmar's Election confirmed by the Pope The Pope's unreasonable Message to to King Henry Ethelmarus the Kings Brother by the Mothers side was by the Pope approved of and confirmed in the Bishopric of Winster At the same time the Pope sent to the King to make a yearly allowance of 500 Marks for the maintenance of the Duke of Burgundy's Son a Young Child This year Wales was [4] fol. 816. n. 10. Wales receiveth the English Government and Laws wholly subdued and received the English Laws and that part of it which Borders upon Cheshire was committed to the Government of Alan de Zouch who answered to the King 1100 Marks by the year About this time [5] fol. 817. n. 50. fol. 818. lin 1. The Pope violateth his own Indulgence granted to the English the Pope sent [5] fol. 817. n. 50. fol. 818. lin 1. The Pope violateth his own Indulgence granted to the English John de Camecava his Nephew and Chaplain into England with Letters to the Abbat and Convent of St. Albans commanding them to confer upon him the Parsonage of Wendgrave or any other Benefice that belonged to their Patronage if desired by the above Named John when it became voyd notwithstanding that Indulgence or Priviledge lately granted to the English that Benefices of Roman Clerc's that should become vacant either by Cession or Death should not be conferred on any Italians After that Simon Montfort Earl of Leycester [6] fol. 825. n. 50. The Earl of Leycesters success against the Rebellious Gascoigns had by various successes against the Rebels in Gascoigny broken their strength and had taken Chastellion a Castle of great importance to them and their common refuge He together with his Wife and [7] fol. 828. lin 1. He returned into England with Guido the Kings third Brother Earl Guido de Lusignan the Third Brother of the King by the Mothers side Landed at Dover in November When the King had Notice of it He commanded his Great men and Citisens of London to receive his Brother with all solemnity and signs of joy And after he had supplied his wants by the Kings bounty he returned home plentifully furnished with Riches A. D. 1252. In the year 1252. King Henry kept his [8] fol. 829. n. 10 20 30. Margaret the Kings Daughter is married to Alexander King of Scots Christmass at York because his Daughter Margaret being now of full age was to be solemnly marryed to Alexander the Young King of Scots And for the more glorious celebration of these Nuptials there met a very great confluence of the Clergy and Nobility not only of England and Scotland but several from France On Christmass day King Henry Knighted Alexander King of Scots and the next day very soon in the Morning He was Married to the Kings Daughter [9] Ibid. n 50. He doeth Homage to King Henry for lands held of him King Henry requires his homage for the Kingdom of Scotland The King of Scots Answer Then He did Homage to the King of England for Lowthian and some other Lands he held of him and after that It was demanded that he should do the same Homage and Fidelity to his Lord the King of England for the Kingdom of Scotland as his Predecessors had formerly done To which the King of Scots replyed That he came thither in a peaceable manner and by Marriage of his Daughter to unite himself more close to him but not prepared to give an Answer to such hard Questions for he had not consulted his Nobility about so difficult an Affair When the King heard this modest reply he would not press him any further at present lest the designed mirth and jollity of the Nuptial Solemnity should be thereby disturbed Soon after the Pope [1] fol. 83. n. 50. The Pope sollicite's King Henry to assist the King of France wrote to the King to hasten his preparation for the Holy Land to prosecute the Vow he lay under and give what Ayd and Relief he could to the King of France And if He would not go in person not to hinder others who stood obliged by the same Vow The King to shew his readiness to answer the Popes request took great quantities of Money from the Jews nor were his Christian Subjects spared In the Spring following the [2] fol. 832. n. 30 40 50. The Gascoigns accusation against the Earl of Leycester He pleads his innocency and Merits before the King He is again sent into Gascoigny He executes his Malice and revenge on his Accusers Noblemen of Gascoigny sent over their complaints to the King against Simon Earl of Leycester accusing him of Vnfaithfulness and Treachery When the Earl heard of what was laid to his charge He went to the King and pleaded his Innocency and wondred he should give more Credit to his Rebellious Gascoigns than to him who had given such proofs of his Fidelity To whom the King replied That if he were Innocent a strict inquiry would render him the more Eminent The Earl being calmed and humbled by this Answer of the Kings was again furnished with Money for his return into Gascoigny which he hastened as much as possible that he might execute his Malice and revenge on those that had accused him to the King And He did it with such rigor at his return that all Gascoigny had [3] fol. 833. lin 4. revolted from their Allegiance to the King of England and sought out a New Lord could they have found any other Country to have sold their Wines with such advantage to themselves Soon after the Great men of Gascoigny agreed to send [4] 836. n. 10. The Gascoigns repeat their complaints against him to the King solemn Messengers to the King of England to acquaint him how his faithful Subjects in that Country were inhumanely treated by the Earl of Leycester and drew up the charge or Accusation against him which was Testified by the Seals of their Cities Great men Castellans and Bayliffs And this was carried to the King by the Archbishop of Burdeaux and several Great men [5] Ibid. n. 30. who landed in England about Whitsuntide and found the King at London before whom they laid a lamentable [6] fol. 838. n. 40 â—0 The King not very ready to credit them complaint of the Treachery and Tyranny of the Earl of Leycester The King would not give a hasty belief to their complaints because he had found them Traytors when he was in Gascoigny But waited till the return of Nicholas de Molis and Drâ—gâ— Valentin whom he had sent thither to enquire into the Truth of their accusation At their Return they [7] fol. 836. n. 40 50. reported to the King that they found some had been inhumanely treated by the Earl but as they believed according
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
afterwards appeared and with John Bailiol submitted to a Fine for their Miscarriages And then the King and Queen being put into such a Condition as they liked King Henry returned into England Peter Egeblank Bishop of Hereford and the Queens Vncle [4] f. 910. n. 20 30 40. Annal. Burton f. 348. A. D. 1255. Peter Egeblanke Bishop of Hereford his project to supply the Kings wants Paris ut supra 5. n. 50. observing the King uneasie by reason of his Debts and for want of Money had a strange Invention for a supply with which he acquainted him and with the Kings leave went to Rome toward the end of Summer to perfect his Design 5 where he found the Pope likewise in Dumps for the great Debts he had contracted which he said the King of England was obliged to Discharge under the pain of being disinherited and the ill posture of the Church affairs He comforted the Pope with a way he had to help him and by the assistance of some 5 Cardinals by whose advice the Pope persued the projects of his Predecessor who could bend him any way he obteined from him what he pleased His device was to Forge Obligations from as many Bishops Abbats and Priors as he pleased in the Summ of 500 600 or 700 Marks or more [6] Ibid. f. â—11 lin 1. to this or that Siena or Florentine Merchant or rather Vsurer for Money pretended to be Borrowed of them which was * Append. n. 181. expended at Rome about Transacting the affairs of their particular Churches About the Feast of St. Edward the 13th of October the Bishop of Bononia came to the King and brought the [7] Ibid. f. 911. n. 50. Edmund the Kings Son invested with the Kingdom of Sicily and Apulia Ring which the Pope sent to his Son Edmund with which in a numerous multitude of Great Men he solemnly Invested him with the Kingdom of Sicily and Apulia with which says the Monk the King was as much pleased as if he had received the Homages of the Sicilians and Apulians or had been possessed of their Cities and Castles About this time Pope Alexander [8] f. 913. n. 20 30. The Pope sent Rustand a Gascoign into England sent Master Rustand a Gascoign a Lawyer and one of his Sub-Deacons into England giving him and the Arch-Bishop of Canturbury power to gather a [9] Append. n. 182. The Powers granted to him and the Arch-Bishop of Canturbury Tenth in England Scotland and Ireland to the use of the Pope or King indifferently notwithstanding any former Letters Indulgencies form of Words Cause or Thing whatsoever He also gave them power to absolve the King from his Vow of undertaking the Expedition of the Cross to Ierusalem yet so as he should change it into an Expedition into Apulia against Manfred Enemy to the Church of Rome and to this he was Sworn by the Bishop of Bononia and to draw him on the Pope * Append. n. 183. gave him all Moneys in England which were to be collected toward the Maintenance of the Expedition to the Holy Land Upon the Feast of St. Luke or 18th of October most of the great men of England were at Westminster [1] Paris ut supra n. 40 50. The King desireth his Brother and Great Men either to grant or lend him money but could prevail with neither amongst whom the King first bespoke his Brother Richard earnestly pressing him to give him an Ayd in Money to whom the Pope also wrote supplicating him to lend his Brother forty thousand either Marks or Pounds not said what that he might shew a pious Example to others The Earl was neither moved by the Prayers of the King or Pope and for that especially he had undertaken an expedition into Apulia being wheadled by the Whispers of the Italians without his Advice or the assent of his Baronage When he accosted others about the same matter They answered That then all had not been Summoned according to the Tenor of their great Charter and therefore they would then [2] Ibid n. 40. make no Answer or Grant any Aid without their Peers which were absent The Parlement saith the Monk by many fictitious Delays fictis occasionibus was continued a Month while the great men had emptied their Purses at London who then returned home having done nothing A. D. 1256. On the fifth Sunday in Lent the Arch-Bishop of Messina before the Prelates Clergy and Laity [3] Annal. Burton f. 372. Convened in a great Multitude in the Chapter House at Westminster propounded to them the Business of Sicily for which he was sent hither by the Pope and indeavoured by his Letters and own perswasions to induce them to undertake the prosecution of it with the King after some Days Deliberation the Clergy and Laity drew up their Reasons against it and delivered them to the King and Arch-Bishop in French and Latin The Reasons of the Great Men against the King Rationes [4] Ibid. Reasons of the Great men against the Kings undertaking an expedition into Sicily Magnatum contra Regem FIrst the Distance of that Kingdom from England Also the passage through the Territories of Potent men that were Enemies to the King Also the possession of and other places by the Enemy which were passes to other parts of the Kingdom Also the Confirmation of a Prince in the Kingdom Also his Confederation and Amity with the Natives and Neighbours Also the possession of almost all the Cities Castles and Fortresses against him Also the great Revenue of the Kingdom Also the great Charge the King had then been at and had received no advantage but rather loss Also the vast and necessary expenses yet to come for the payment of his Debts the Voyage thither and the obteining of the Kingdom for which all England sufficed not Also the Destruction and Impoverishing of the Kingdom of England by many and frequent Iters or Circuits of Justices and by Extorsions and many sorts of prises and other oppressions Also the small stock of Money the King and his Son were furnished with for this Attempt the Poverty of the Inhabitants of England both Clergy and Laity Also the Troubles of Gascony Ireland and Scotland Also the Incursions of the Welch Also the Diminution of the power of the Kingdom of England in Counsel Money and Men which was like to happen by Richard Earl of Cornwall's leaving of it Also the King of France and the Great men of Neighbour Nations especially such as heretofore had Lands in England would be incouraged to attempt upon it if for the Design of Sicily it was emptied of Men Arms Counsel and Money Also we will not nor do we agree That the King take upon him the Burthen of this Expedition lest it may seem he delivered himself into the Hands of his Enemies by our consent Neither can or will we undertake the Burthen of the said Affair with the King for the Reasons aforesaid and
de illis villis qui necessarii fuerint ad Inquisitiones illas faciendas Et ideo tibi praecipimus quod praedicta Hundreda Wapentakia Curias tam nostras quam aliorum teneri facias de caetero secundum quod praedictum est de tribus Septimanis in tres Septimanas exceptis praedictis duobus Turnis qui de caetero teneantur secundum quod prius teneri solebant Teste Rege apud Westmonasterium xi o die Octobris The INDEX A ABrincis vid. Hugh Adala Countess of Blois her endeavour to reconcile the King and Arch-bishop Anselme f. 260. E. William Fitz Adelin sent Procurator into Ireland f. 365. F. His Character Ibid. He is recalled f. 369. D. Adomar vid. Ethelmar Aedui who they were f. 6. F. Aelfred fighteth the Danes with various success f. 114. D. He is reduced to great streights Ibid. E. He obteined a great victory over them and forced them to beg peace f. 115. A. B. His great Force at Sea Ibid. C. His design to advance learning Ibid. D.E. His Charity Justice and Prudence f. 116. A. B. C. D. He erected Hundreds and Tithings Ibid. E. He made a Survey of all Counties Hundreds Tithings f. 117. l. 2. Agalmar Bishop of North-Elmham deposed f. 213. A. Agricola sent Governor into Britain f. 22. D. His Atchievements and Wisdom and Justice in the British Affairs f. 23. A c. His Conquests f. 24. A. B. C. He first made use of a Fleet Ibid. D. He overthrew the Caledonians f. 25. B. And Britains f. 26. A. B. His Policy to keep them under by Sea and Land Ibid. D. He is recalled by Titus and suspected to be poysoned f. 27. A. Agricola Disciple to Paelagius propagated his Masters Opinions in Britain f. 38. E. Alans who they were f. 37. B. F. Albamarle vid. William de Fortibus St. Albans Monastery founded by King Offa f. 109. B. The Abbat thereof cited to London by the Popes Legat f. 599. F. He appeals to the Pope but without remedy f. 600. A. B. The Church Interdicted f. 620. B. Alberic the Popes Legat in England and Scotland f. 293. E. He directs the choice of an Arch-Bishop of Canterbury Ibid. Albert the Popes Notary his Offer to Earl Richard f. 609. F. William de Albany made Governor of Rochester Castle by the Barons f. 503. lin 2. He is taken Prisoner by the King Ibid. B. Philip de Albiney beateth the French at Sea f. 526. F. He accompanied Earl Richard into Gascoigny f. 535. E. Alcuinus wrote against Image worship f. 109. A. Aldermannus a general word for many Officers f. 70. F. Alexander Caementarius mainteined King Johns Cause against the Pope f. 480. F. How he was punished by the Pope f. 481. lin 2. Alexander A Frier Minor the Popes Collector in England f. 598. E. Alexander King of Scotland doth Homage to Prince Lewes f. 514. D. He married Joanna King Henry the Thirds Sister f. 530. B. His Demands of King Henry f. 565. B. He refused to hold any thing of the King of England f. 590. A. An Agreement between him and King Henry f. 568. D. and 592. A. He refused the Popes Lâ—gat entrance into Scotland f. 568. E. His death f. 603. lin 1. Alexander his Son Married Margaret Daughter to King Henry f. 606. B. He doth Homage to King Henry Ibid. C. His modest Answer to King Henry's Demands Ibid. D. He and his Queen came into England f. 619. D. Alexander the Fourth Pope of Rome Invested Edmund the second Son to King Henry with the Kingdoms of Sicily and Apulia f. 614. D. He Decreed that every Bishop Abbat and Prior should come to Rome and compound for his Confirmation f. 622. B. He threatned to censure King Henry for his Excesses Ibid. F. He is appeased with 5000 Marks f. 623. lin 3. His death f. 636. A. Alfred Divided Shires into Hundreds f. 83. F. Algar Earl of Northumberland unjustly banished by Edward the Câ—nfessor f. 134. C. Alienor Wife to King Henry the Second released a great many Prisoners and who they were f. 419. E. F. She set her Son Henry against her Husband f. 311. F. She caused all Free-men to Swear fealty to her Son Richard f. 420. B. C. Alienor Daughter to the Earl of Provence Married to Henry the Third f. 563. A. She is brought to bed of a Daughter at Burdeaux f. 586. E. Almains why so called f. 58. E. Alodium what f. 204. D.E. Alphonso King of Castile his pretences to Gascoigny f 610. B. He quitteth them f. 611. F. Ambiani who they were f. 35. B E. Ambrosius Aurelius overthroweth the Saxons f. 95. F. Amianus Marcellinus his Account of the Saxons f. 57. F. Ancalites who they were f. 10. lin 2. An Anchorites Advice to the Monks of Bangor f. 103. C. Andeli Castle surrendred to King Philip of France f. 473 F. Anjou doth Homage to Henry the Third f. 545. A. Anselme Abbat of Bec pressed to accept the Arch-Bishopric of Canterbury f. 225. B. He demanded restitution of all Church Lands f. 225. C. He falls from the Kings favour f. 226. B. C. The great difference between King Henry the First and him Ibid. D. E. and 227 228 c. The Bishops advise him to obey the King his Answer f. 227. A.B. He refused to receive his Pall from the King f. 228 E. F. He refused to appear at the Kings Court f. 229. A. B. He desired leave to go to Rome but is denied Ibid. C. He goes without leave and his Arch-bishopric is seized Ibid. D. E. F. He desired the Pope to ease him of his Dignity but is denied f. 230. B. He is recalled by the King f. 234. E. The Case of the Queen determined by him in a Council at Lambeth f. 235. A. B. He reconciled the Norman Nobility to the King f. 235. E. F. He refused to do Homage to the King f. 256. A. He denied the King the Right of Investitures and advised him to be obedient to the Pope Ibid. B. C. He presided in a Council at Westminster f. 257. F. He refused Consecration to such as were Invested by the King f. 258. A. A wrangling intercourse between him and the King Ibid. D.E.F. He goeth to Rome f. 259. A. B. His Account to the King of what he had done at Rome f. 260. A. His return into England prohibited f. 259. F. and 260. B. He excommunicated the Kings Counsellors Ibid. C. He is reconciled to the King f. 261. A. His Answer to the Bishops request for relief against exactions Ibid. E. F. His sickness at Bec and the Kings promise to him f. 262. A.B. He is observantly treated by the Queen Ibid. C. He exacted obedience from the Arch-Bishop of York f. 263. D. He refused to give his Benediction to Thomas Elect of York till he made his profession to Canterbury f. 264. B. His death Ibid. C. Anzazim His treacherous attempt on Prince Edward at Acon f. 666. B. Appeals from inferiour Courts to
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
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.
upon Eske in Cumberland 11. Tribunus Cohortis secundae Dalmatarum Magnis The Tribune of the second Cohort of Dalmatians at Chester in the Wall in Northumberland near Haltwessel 12. Tribunus Cohortis primae (b) So denominated from Aelius Hadrianus the Emperor Aelii (c) People of Dacia which contained those Countries that are now called Transylvania Moldavia and Wallachia Dacorum Amboglanna The Tribune of the first (b) So denominated from Aelius Hadrianus the Emperor Aelian Cohort of (c) People of Dacia which contained those Countries that are now called Transylvania Moldavia and Wallachia Dacians at Ambleside in Westmoreland upon Winander Mere. 13. Praefectus Alae petrianae Petrianis The Praefect of the Petrian Wing at some place near Peteril in Cumberland 14. Praefectus numeri Manrorum (d) So called from Aurelianus the Emperor Aurelianorum Aballaba The Praefect of the Band or Company of (d) So called from Aurelianus the Emperor Aurelian Moores at Appleby in Westmoreland 15. Tribunus Cohortis secundae Lergorum Congavata The Tribune of the Second Cohort of the Lergians at a place near Candbeck in Cumberland 16. Tribunus Cohortis primae Hispanorum Axeloduno The Tribune of the first Cohort of the Spaniards at Hexham in the Bishoprick of Durham 17. Tribunus Cohortis secundae Thracum Gabrosenti The Tribune of the second Cohort of the Thracians at Gatesend near Newcastle 18. Tribunus Cohortis primae Aeliae Classicae Tunocello The Tribune of the first Aelian Sea Cohort at Tinmouth in Northumberland 19. Tribunus primae Cohortis (e) Morini or Morines People of Belgium or Gallia Belgica their Chief Town was Tarvanna or Terovanna now Teroenne in the Confines of Picardy and Arâ—ois Morinorum Glannibanta The Tribune of the first Cohort of the Morini at a place on the River Wentsbecke in Northumberland 20. Tribunus Cohortis tertiae Nerviorum Alioâ—e The Tribune of the third Cohort of the Nervii at Lancaster or Whitby Castle in Cumberland 21. (f) Part of the Roman Army so called when it was drawn up in form of a Wedge but here as it oft doth it may signifie a single Troop or Band. Cuneus * Armatuna in general was any Exercise of Arms and was either the Foot or Horse Exercise young Lads about 14 or 15 years of age were taught to handle their Arms and some gestures of their Body But the true Armatura the Art and Science of the Exercise of Arms was taught every day in the Army by the Campi-Doctores such as instructed young Soldiers in the knowledge of the Exercise of Arms At first all Soldiers were instituted in the Art of Armature but afterward only the Chief and Noblest Persons such as served in the front of the Legions and the Armaturae were called and by it understood such Bands or Troops of Soldiers as were under the Campi-Doctors and learnt the Art of Armature Of which Exercise there was also one peculiar kind called Pyrricha scientia saltandi in armis an Art of Dancing in Arms. See Veget. lib. 2. Leo's Tactic C. 7. Ammianus Marcellinus Paris Ediâ— 1681. fol. 52 53 58 71 72 116. for the manner of Arming and teaching this Exercise These mentioned here were Foot as appears from the word Cuneus Armaturarum Brementuraco The Band of Young Men that were taught the Art and Science of the Exercise of Arms at Brampton in Cumberland 22. Praefectus Alae primae (g) The first Wing of the Legion so named from Herculius Maximianus the Emperor Herculeae Olenaco The Praefect of the first (g) The first Wing of the Legion so named from Herculius Maximianus the Emperor Herculean Wing at Helenborow in Cumberland 23. Tribunus Cohortis Sextae Nerviorum virosido The Tribune of the sixth Cohort of Nervians at Werewicke upon the River Eden near Carlisle in Cumberland His Office or Court and Officers The Duke of Britain his Court. were the same in all things with those of the two Counts his Government seems to have been in the Frontiers in the more Northern parts of the Province and the Government of the Counts in the Southern By Panicrolls Account Not. Imp. occid c. 72 73 89. The whole Force of the Romans in Britain De Magn. Romaâ—â lib. 1. c. 4. fol. 19. Rosin Antiq. Rom. lib. 10. c. 4. Legions Wings and Cohorts diverse according to the Diversity of times Vegâ—t lib. 2. c. 6. Not. or c. 100. f. 87. Commentar ' de alis Cuneus What it signifies in a Military sense Zos lib. 3.729 Armatura What it was this Duke had under his Command 14000 Foot and 900 Horse the Count of Britain 3000 Foot and 600 Horse the Count of the Saxon-Shore 2200 Foot and 200 Horse which added together make 19200 Foot and 1700 Horse the whole Roman Force in this Island but how this Account agrees with the Ancient Establishment of Legions Cohorts Wings c. in the ancint Empire or with that of Vegetius lib. 2. c. 6. de re militari or of Modestus fol 2. de vocab rei militaris and others I shall not inquire nor as Lipsius said of the difference between Dio and Tacitus about the number of Vrbane Cohorts endeavour to reconcile them for the Numbers in Legions and consequently those of Wings and Cohorts were diverse according to the Diversity of times a Legion sometime consisted of 3 4 5 or 6000 Foot and 2 or 300 or more Horse The first Cohort when Vegetius Wrote in the time of Valentinian consisted of 1105 Foot and 132 Horse the second 560 Foot and 66 Horse the other Cohorts were 555 Foot and 66 Horse a full Legion which contained 10 Cohorts being then 6105 Foot and 726 Horse Lipsius speaks of Legions and Cohorts De Mâ—g Romon lib. 1. c. 4 5. which were various in number and as the Legions Cohorts Bands Wings c. at different times were various in Number Military Officers different according to different times so also it is most probable that the Commanders of them had various Names although they had the same Command such as are here expressed Tribune Praefect Provost c. More to this purpose may be read in Leo's Tactics c. 4 c. The Romans placed their Garisons towards the Frontiers It was usual and always done by the Romans to place their Garisons and make their Soldiers Quarters towards the Limits and outmost bounds of their Provinces and fix their Colonies in the more inward parts of their Conquests as well to cultivate the People as to over-awe and keep them in Subjection for they were all places of Force and Strength though less exercised in War then those in the Frontiers and Borders so we see it was here in England there were Guards and Garisons on the limits next Scotland chiefly and on the Sea-coasts Castra Stativa Hiberna aestiva Gogmagog-Hills c. not but they had also here their Castra Stativa hiberna and aestiva their constant and fixed Camps in
be as antient as Gafoland however we find it in the German Saxon Laws Tit. 14. § 2. Tit. 16. This sort of Land and Alodium was the same with the Germans as appears by the Ripuarian Laws Tit. 56. de Alodibus § 3. While any of the Masculine Sex remains a Woman shall not succeed in the antient Inheritance Ll. Anglor Tit. 6. de Alodibus § 1. Haereditatem defuncti filius non filia accipiat The Son not the Daughter shall receive the hereditary Estate of his dead Father And § 5. Ad quemcunque haereditas Terrae pervenerit ad istum vestis Bellica i. e. Lorica debet pervenire The Habiliments of War went with the Land To whomsoever the Inheritance shall come the War-like Garment and Habiliments ought to descend likewise and § 8. After the fifth Generation the Daughter may succeed and then the Inheritance passes from the Lance to the Distaff This whole Title and Law seems to be concerning Feudal Lands ibidem Tit. 13. libero homini licet haereditatem suam cui voluerit tradere A Free-man may dispose of his Inheritance to whom he will Ll. Salic Tit. 62. de Alode § 6. de Terra vero Salicâ nulla portio haereditatis mulieri veniat sed ad virilem sexum tota terra haereditas perveniat No part of the Inheritance of Salic Land shall descend to a Woman but the whole Inheritance of the Land shall come to the Males Ll. Alaman Tit. 92. de haereditate c. § 1 2. Courtesie of England brought from Germany Si quae mulier quae haereditatem paternam habet post nuptum praegnans peperit puerum in ipsa horâ mortua fuerit infans vitus remanserit aliquanto spatio vel unius horae ut possit aperire oculos videre culmen domûs quatuor parietes posteà defunctus fuerit haereditas materna ad patrem ejus pertineat Et tamen si Testes habet pater ejus quod vidissent istum infantem oculos aperire potuisset culmen domûs videre quatuor parietes tum pater ejus habeat licentiam cum lege ipsas res defendere Si autem aliter cujus est proprietas ipse conquirat That is if any Woman which hath a paternal Inheritance after marriage bring forth a Child and dyes in Child-birth and the Child remains alive for some short space so as it can open its eyes and see the top of the House and the four Walls and afterwards dieth the Father shall enjoy the Mothers Inheritance and if the Father hath Witnesses which saw the Infant open the eyes so as it could see the top of the House and the four Walls then his Father had liberty to defend his Title by Law But if otherwise he may obtain it whose propriety it is This certainly is that which we call the Courtesie of England and which the Lawyers call Lex Angliae and Littleton in his Tenures Sect. 35. says this this Custom was used in no other Realm than in England only yet Sir Edward Coke upon this Author fol. 30. reports it to be used in Scotland and Ireland also Feudal Tenures from Germany We shall now further enquire after the Feudal Land and Tenures amongst the German Nations to whom 1 De Jur. Belli pacis lib. 1. c. 3. §. 23. n. 1. Grotius says they were proper and that they were no where to be found unless where the Germans placed themselves but besides this Testimony of Grotius they are often found mentioned in the German Laws by the name of Beneficia which as 2 In verb. Hottoman observes were the same with Feuda and Beneficiare the same with Infeudare or Feudum alicui tribuere Capit. Car. lib. 3. c. 71. Quicunque beneficium principis habet non pergit in exercitu honorem suum Beneficium perdat Whosoever hath a Fee from the Prince and goeth not forth in his Army shall lose his Honour and Fee ibidem lib. 1. c. 132. Omnes Episcopi Abbates Abbatissae Optimates Comites ceu domestici cuncti fideles qui Beneficia regalia tam de rebus Ecclesiasticis quam quae de reliquis habere videntur unusquisque suam familiam suo beneficio nutricare faciat c. All Bishops Abbats Abbesses great Men Earls or Domesticks and all Vassals that have Royal Fees as well of Church Lands as of others shall maintain their own Families and such as belong to them upon or with their own Fees c. again lib. 3. Cap. Car. c. 19 20. the Emperor takes notice that many of his Earls and other Vassals cheated him of his Fees by giving or granting the Propriety of them to others and then by purchasing them again in ipso placito in the publick Court acquired to themselves an Inheritance and in many other places there are provisions made for the ordering of these Fees or Beneficia And Vassi dominici comitum Ducis Episcoporum Imperatorum Regis and ad Marchiam custodiendam constituti are to be found in most of the German Laws Now 3 Hottom in verb. Feud in verbo Vassus was such an one as having received a Fee or Beneficium obliged his Faith to the Author or Donor of it and is indeed the same with Feudatarius and Beneficiarius The reason why in these antient times we find few Laws concerning Fees or Beneficia or that we want a just account of them is because the Feudal Law was then contained only in Customs 4 De feud disput l. 871. and usages and not written until the time of Frederick the First Anno Domini 1158. Radev invitâ Fred. 1 mi lib. 2. c. 7. n. 30. Yet somewhat before this time there is extant a notable Feudal Constitution of Conradus Salicus who 5 Wippo in vit Chunrad fol. fol. 423. n. 20. fol. 424. n. 40. was chosen Emperor in the plain between Ments and Worms in Germany and began his Reign Anno Domini 1024. amongst the Laws of the Longobards lib. 3. Tit. 8. L. 4. Conradus Dei Gratia Romanorum Imperator c. Praecipimus firmiter statuimus ut nullus Miles Episcoporum Abbatum Abbatissarum Marchionum vel Comitum vel omnium qui Beneficium de nostris publicis bonis aut de Ecclesiarum praediis nunc tenent aut tenuerint Conrades Constitution about Fees aut hactenus injustè perdiderint c. Conrad by the Grace of God Emperor of the Romans We command and firmly injoyn that no Miles Knight or Horse-man of Bishops Abbats Abesses Marquesses or Earls or of any which hold or have held a Benefice or Fee of our publick Lands or the Farms of the Church or have unjustly lost them as well our great Valvasores or Feudataries as their 6 Miles Vassallus Synonyma Hottom in verbo Milites or Vassals without a certain or evident fault shall lose his Fee unless according to the Custom of our Ancestors and the
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
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
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
words of Art in that Profession After Sir Edward Coke as he thought had thus established his Opinion of the Antiquity of our Laws by Record he renews his Discourse upon this Subject in his Prefaces to his sixth eighth and ninth Parts of his Reports but chiefly in the two last and prosecutes his Arguments upon his second Topick from History which shall be considered in the Answer to a Book Intitled Argumentum Antinormanicum where they are all repeated and therefore on purpose passed over in this place William the First COMMONLY CALLED The Conqueror [1.] Dudo de moribus actis Normannor fol. 63. B.C. THE Danes and Norwegians under Hastings or Anstings their former Leader having harassed and wasted a great part of France with Fire and Sword [2.] Ibid. 66. B. C. the French and their King especially wearied with his Ravages and Cruelties make Peace with him pay him Tribute and allow some part of their Country for an Habitation to him and his Followers [3.] Ibid. 75. D. An. Dom. 876. do now again under the Conduct of Rollo at the [4.] Ib. 76. C. Instigation of Hastings come with their Fleet out of the River (a) Scaldis or the Scheld a River running through Brabant and Flanders and passing by the Borders of Haynault upon which Antwerp Ghent Oudenard and Toâ—â—naye are seated Scheld into the Mouth of the River (b) Sequana or the River Seyn running through the Isle of France and falling into the Brittish Sea upon which Paru and Rhoan are seated Seyn to whom Franco Arch-Bishop of Roan with his whole Country sent for Protection and submitted By this means having here a place of settlement he Invaded the other parts of France and attempts [5.] Ib. 79. b. Paris Rollo comes into the River Seyn Arch-Bishop Franco begs his Protection and assisted with [6.] Ibidem English and other People that resorted to him often defeats the French and became so formidable that Charles the Simple at the [7.] Ibid. 81. D. 82. A. Instance of his People and [8.] Ib 83. c D. 79. b. The King of France gives Rollo Normandy Advice of Franco aforesaid made a Composition with them and gave to Rollo all the Land from the Rivers (c) Epta or Iâ—ta a small River upon which Gisors Gurnay and Bray are seated which falls into the Seyn between Varnon and la Roche Guion Epta to the Sea then called Neustria now Normandy from these Northern Men which because it was then almost wast uncultivated and unpeopled and the Corn and Cattle destroyed he gave him also Brittany for their present support that from thence they might take all Necessaries to sustain them and likewise his Daughter Gisla to Wife [9.] Ib. 79. B. He is Baptized An. Dom. 912. upon Condition he would turn Christian which he did accordingly and was [1.] Ib. 84. C. And his whole Army Baptized by Franco and named Robert by his Godfather Robert Duke of France the Kings Brother and afterwards caused all his great Commanders Soldiers and whole Army to be instructed in the Christian Faith and Baptized [2.] Ibid. 85. A.B. He shares his Land gives some part first to the Church Will. Roberts Bastard Before he measured out his Land which was done with a Rope or String and gave Shares of it to his chief Companions and others of his faithful People he gave some part of it to the chief Churches in Normandy which he repaired and new built as also the Walls of his Cities and Fortresses From this Rollo in a direct Line Robert was the Sixth Duke of Normandy to whom [3.] Gemetic lib. 8. c. 3. William was Natural and only Son by Herleva or Herlotta his Concubine Daughter of Fulbers his Chamberlain or Groom of his Chamber Robert out of [4.] Orderic vital fol. 459. Devotion against the mind of his People Robert goes to Jerusalem going to visit the Sepulchre of Christ at Jerusalem [5.] Gemâ—t lib. 6. c. 12. D. called together the Arch-Bishop and other the great Men of his Dukedom and caused them to do Homage and Swear Fealty to his young Son then about Eight years old as their future Prince and Lord appointing [6.] Malmsb degest reg fol. 53. b. 30. Gilbert Earl of [7.] Gemet lib. 6. c. 11. He leaves his Son and Tutor to the Care of the King of France Oâ— his Governor committed them both to the Care and Protection of Henry the First King of France and afterwards in his return from the Holy Land died at [8.] Ibid. c. 13. An Dom. 1035. Robert dies Nice in Bithynia After his death many near to to the Dukedom of his Fathers Relations Conspired against him [9.] Ibid. lib. 7. c. 2. privately killed his Tutors and Governors and endeavoured to take from him the Dukedom for that he was a Bastard which then in France was not esteemed a sufficient Bar to the Inheritance of Princes especially if according to the Canon Law they Married their Concubine (d) Thierry or Theoderic [1.] Vales rerum Franc. Tom. 1. fol. 320 321. Bastard of Clovis had for his Share with his Lawful Children Anstrasie now Lorrainge c. [2.] Ib. Tom. 3. fol. 88.113 Sigibert Natural Son of King Dagobert had Anstrasie as his Share also of France with his Lawful Son Clovis 12. with many such Examples in other Nations for before that time many had succeeded their Fathers in this and other Countries as if they had been lawfully begotten others openly invaded the Title and waged War for the Dukedom His Tutors privately Murthered The first of whom was [1.] Gemet lib. 7. c. 3. Roger de Toney Arms against William Roger de (e) In most of our Historians he is called Roger de Tresuye Toenio Standard-bearer in all Normandy a Descendent from Malahulcins Uncle to Rollo the first Duke thereof and an Adventurer with him in the Acquest of it Bastardy was no bar to the Inheritance of Princes he returning out of Spain where he had performed many great things against the Saracens and finding William a Child to succeed his Father in the Dukedom was much displeased and scorned to serve him saying a Bastard ought not to Command him or the Normans Combined with others who Conspired against William and enters the Territory of Humphid (f) He was Son of Turulf de Ponte Audomari by Wera [3.] Gemet lib. 8. c. 37. Sister to Gunnora a Forresters Daughter first Concubine and then Wife to Richard first Duke of Normandy Osbern de Bolebec Mâ—rried another Sister of Gunnors by whom he had Walter Giffard made * Orderic vital 522. c. Earl of Buckingham by the Conqueror From these two Sisters of Gunnor and her Brother Herfasâ—us sprang many of the * Gemet ubi supra great Men of Normandy and afterwards of England the Fliz-Osberns Mortimers Giffards Warrens Montgomeries Gournay
Normandy And not long after the King of France died Ibidem D. King Henry dies Leaves his Son to the care of Baldwin Earl of Flanders and Philip his Son a Child succeeded him between whom and the Duke there was always a firm Peace he being left by his Father under the Tuition and Protection of his Uncle Baldwin Earl of Flanders who was a great Assistant to William and whose Daughter [1.] Ibidem 183. D. Whose Daughter William had Married Matild he Married in the midst of these Tumults Insurrections and Troubles About the same time Galfrid * Ib. 188. D. Martell also died These Enemies dead he is at leisure to pursue his Design upon [2.] Ibidem 189. B. He claims Anjou Anjou to which besides the Gift of the King of France upon the conclusion of Peace between them after the Battle of Mortimer in Caux he had likewise a Title from Herbert Son of Earl Hugh whom Martel had Expelled He dying without Issue left William his Heir and willed his People they should seek for no other Lord but they set up Walter Earl of Mayn who had Married the Sister of Hugh [3.] Ibid. D. The Anjovins submit yet not long after being wearied with the Incursions of William they joyfully received him as their Lord. [4.] Gul. Pict 196. C. These Successes and the Fame of his Piety by founding endowing and advancing Churches and Monasteries spreading through France and the adjacent Countries brought a great frequency of Foreign Nobility to his Court as well Ecclesiastick as Secular some esteeming it a favour to be allowed to remain there others to observe and take Advice and some to enter into the Service of the Duke And it added much to his Glory that being at this time in an universal quiet [5.] Ibidem none daring to Arm against him that he provided for the security of Church and State [6.] Ib. 193. B. C. D. and 194. A. B. discouraging the Loose Luxurious and Prophane Ecclesiasticks encouraging the Sober Learned and Pious taking care also of the Cause of the Widow Poor and Fatherless by quickening the Execution of the Laws and where they were not sufficient for that purpose ordaining new ones In this Recess from War and Business He goes over into England See the Reign of Edward the Confessor and of Harold he went over into England as is related in the Reign of Edward the Confessor whither the course of this History is to be referred until the end of his Reign and also unto the end of the Reign of Harold This mighty Fame he acquired by these Actions and the opportunity he had given him [7.] Here in Ed. Confessor Of the easie Conquest of England The Clergy Ignorant and Debauch and Nobility Loose and Prophane c. of viewing and observing the chief Fortresses Cities and Castles when he was in England were no small Advantages towards the Conquest of it But that which made it easie and the Possession more peaceable were the irreconcilable Feud between Harold and his Brother Tobi the [8.] Malmsb vit Gul. 57. a. n. 54. ibid. b. n. 10. Mat. Par. vit Fred. Abb. 46. n. 30. Loosness Debauchery and Ignorance of the English Clergy and Nobility [9.] In the Manusc Book of Additaments fol. 79. b. citâ—d by Dr. Watts his Notes upon Mat. Paris fol. 3. the large Possessions of Religious Houses which if they had been in the hands of Temporal Lords would have enabled them to have made Resistance but being in their hands (m) William answered the Abbat of St. Albans giving him this reason of the easiness of the Conquest and quiet possession of England That if this were the cause the Conquest of England might be as easie to the Danes or any other that should make War upon him Ibidem and he should not know how to defend his Kingdom and thefore began with him and took away some of his large Possessions to maintain Soldiers for the defence of the Nation almost all his Lands and Lordships as 't is said there between Barnet and London Stone they neither would or ought to oppose him who they thought had right to the Kingdom And lastly The different and jarring Saxon Danish and Norman Interests which inclined them several ways See the Reigns of Etheldred Harold the 1st Harde-Cnute and Edward the Confessor the Saxon Nobility and People would have had Edgar Atheling the right Heir of that Line their King The Danish would have brought in Swain King of Denmark who claimed from Harde-Cnute and both perhaps against the Norman Interest as being lately introduced in the Reign of Etheldred by the Marriage of Emme except such as by the example of Edward the Confessor were inclined to and trained up in the Norman Modes and Customs Norman Bishops and Great Men before the Conquest who preferred many of that Nation to great Dignities so that in this time there was [1.] Scriptor Norman 1023. Robert Arch-Bishop of Canterbury William Bishop of London * In Append n. 9. al. Wulsus who obtained the Charter of the Liberties of that City from the Conqueror Vrsus Bishop of Dorchester in Oxfordshire the greatest Diocess in England all Normans Randulph Peverell in Essex Fitz-Scrobi in Salop Ralph Earl of East-Angles Danbin de Bear Hugolin his Chancellor and Steward Swein of Essex Alfrid the Yeoman of his Stirrop and many other Laicks Men of great Power and Reputation with the People who had several Employments here especially those placed to defend the Marches against the Welsh and called in for that purpose by Edward The Conqueror after the Battle of Hastings fatal to the English [2.] Pictav 204. C. D. The Conquerors March after his Victory at Hastings to Romney having buried his dead and appointed a stout Governor in that Fortress marched to Romney where having revenged himself of the Cruel Inhabitants so they are there called for the Slaughter of some of his Men by a mistake landing at that place he thence advanced to Dover whither though an innumerable Multitude of People had betaken themselves as to a place by reason of the Castle inexpugnable yet dismayed with the Conquerors approach the place with all readiness submitted to him Dover yields who after eight days Fortification of it marching from thence and leaving his sick Men there not far from Dover the Kentish Men of their own accord came in to him sware Fealty and gave Hostages for the performance of it The Kentish Men of their own accords come into William [3.] Ib. 205 A. B. c. Canterbury sends hâ—r submission Canterbury also sends her Submission and the next day he came to the Broken (b) In Latin Fracta Turris this place is somewhere in Kent and not far from Canterbury but where I know not Tower proceeding forward and understanding where Stigand the Arch-Bishop with the Earls Edwin and Morcar and others of the Nobility
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
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
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
Kings favour who neither respected him as his Spiritual Father or Arch-Bishop and utterly refused his Prayers and Blessings At the Kings return into England after the expence of a vast Sum of Money without effect [8.] Ib. n 30. Anselm would go to Rome for his Pall. Anselm went to him to let him know his intention of going to the Pope to demand his Pall. The King asked him from which Pope he would require it [9.] Ibidem n. 40 50. The King is not willing he should No Pope to be owned without the Kings Licence he answered him from Vrban to which the King replied that as yet he had not acknowledged him Pope neither had it been the Custom in his or his Fathers time that any one in the Kingdom of England should nominate or accept of a Pope without their Licence or Election and whosoever should take from him this power did the same thing as if he should endeavour to take away his Crown Anselm wondring at these things rehearsed what before he had said to the King at Rochester That while he was Abbat of Bec he had recognised Vrban Pope and that he would not by any means depart from his obedience and subjection which words very much [1.] Ibid. fol. 26. lin 1. moved the King so as he protested that the Arch-Bishop against his will could not keep the Faith he ought to him and Obedience to the Apostolick See [2.] Ibidem A Council of all the Bishops Abbats and great Men of the Nation Anselm therefore desired a Council or Convention of the Bishops Abbats and all the Great Men of the Nation for the determination of this Question Whether he might saving his Revenue and Obedience to the Apostolick See keep his Faith to a Terrene King Which [3.] Ibidem n. 10. was granted and almost all the Nobility of the whole Kingdom met at Rockingham in the Church within the Castle the Eleventh of March by the Kings Order and Decree for the ventilateing of this Cause In which Convention Anselm made a Speech [4.] Ibidem n. 20 30 40. c. recapitulating how hardly he had been drawn to accept of the Arch-Bishoprick and only by their perswasion and that he had told the King he could not one hour depart from his Obedience to Pope Vrban and then with much perplexity urging the difficulty of his bearing Faith to both King and Pope asks the Bishops Advice in the presence of the Great Men who [5.] Ibidem fol. 27. n. 10 20 30. The Bishops advise Anseâ—m to obey the King in all things Anselms Speech to the Bishops and Great Men. unanimously advised him to submit and obey the King in all things But he told them since he gave him their Prince Counsel only according to the will of one Man meaning the King he would apply himself to the chief Pastor and Prince of all Men and would follow what Counsel he should receive from him in the business of his own Church Because it was said to Peter Thou art Peter and upon this Rock I will build my Church and the Gates of Hell shall not prevail against it and to thee I will give the Keys of the Kingdom of Heaven and whatever thou bindest on Earth shall be bound in Heaven and whatever thou loosest in Earth shall be loosed in Heaven So also to all the Apostles in Commune it was said He that hears you heareth me and he that despiseth you despiseth me and he that toucheth you toucheth as it were the Pupil of my Eye And as things were taken to have been principally said to St. Peter and in him to the rest of the Apostles so we hold the same to be principally spoken to the Vicar of St. Peter and by him to the other Bishops Successors to the Apostles not to any Emperor King Duke or Count. Yet we are also taught in what things we ought to be subject to Temporal Princes Give unto Caesar the things that are Caesars and the things that are Gods unto God These are the Words these the Counsels of God these I approve these I receive from these I will not depart Wherefore ye shall all know in general that in the things that belong to God I shall yield Obedience to the Vicar of St. Peter and in those that of right belong to the Terrene Dignity of My Lord the King I will give faithful Counsel and assistance according to my utmost skill and power With this Discourse he [6.] Ibidem fol. 28. lin 8. distracted the thoughts and brake the unanimity of the Bishops and Great Men yet they urge him again [7.] Ibidem n. 20. that he knew the whole Kingdom complained against him that he endeavoured to take away the Crown from their Commune Lord [8.] Ibidem The Bishops advise Anselm to relinquish Vrban and submit to the King for whosoever takes away or destroys the Customs of Regal Dignity takes away both Crown and Kingdom and withal advise him to quit his subjection to Vrban and wholly submit himself to the Will of the King He gave them the hearing of these things but would in no wise deny his Obedience to the Pope This troubled [9.] Ib. f. 29. n. 40 50. The Bishops grow saint in the Kings Cause the King but much more when the Bishops by his perseverance grew faint and cold in this Affair and especially one of his chief Champions William Bishop of Duresme plainly affirmed nothing could be brought to enervate the Reasons of Anselme being founded upon the Word of God and Authority of St. Peter yet he [1.] Ibidem The King advised to take away Anselms Staff and Ring advised to oppress him by Violence and if he would not submit to the Kings Will to take away his Staff and Ring and Banish him the Kingdom [2.] Ibidem That Advice pleaseth not the Great Men. This Advice pleased not the Great Men to whom the King said If this don't please you what will And adds While I live I will not suffer an Equal in my Kingdom Notwithstanding the Courage of the King he so far gained [3.] Ibidem fol. 30. n. 10 20 30. Anselm baffled the Bishops by urging the Popes Authority and his own ovâ—r them upon the Bishops by urging the Popes Authority over him and his over them that they told the King they were sorry they were not able to satisfie him for being Primate not only of England but also of Scotland and Ireland with the adjacent Isles and they his Suffragans they could not reasonably Judge or Condemn him although he was faulty After much Debate in this matter [4.] Ib. fol. 31. n. 40 50. it was referred to a further Hearing until eight days after Whitsunday In the mean while the King Banished Baldwin a Monk Anselms chief Counsellor and two of his Chaplains which much afflicted and troubled him [5.] Ib. fol. 32. n 20. 30. During this Truce or Respite of
Do. 1149. f. â—45 n. 20 30. Tamesis sic Congelatus est ut pede equo quadrigis etiam oneratis transmeabilis redderetur The Thames was so Frozen as Men on Foot and Horseback and Loaden Waggons passed over it The Frost began December the Tenth and ended February the Nineteenth Of Ecclesiastical Affairs THere hath been three Councils of Bishops and Clergy only before mentioned One was held on the 29 th of August 1139. at Winchester The second on the 30 th of March 1142. at Oxford The third eight days after St. Andrew in the same year at Westminster The Business transacted in all three was meerly Secular which properly falls not under this Title and therefore I shall proceed to such things as do In the year 1138. Alberic Bishop of Ostia in Italy The Popes Legat calls a Council of the Clergy the Popes Special Comissary or Legat in England and Scotland by [9.] Chron. Gervas Col. 1346. n. 40 50 60. Col. 1347. n. 10 20 30 40 50 60. Col. 1348. n. 10 20 30 40 50 60. Apostolical Authority called a Council of Bishops Abbats and other Religious Persons of the Kingdom to meet at Westminster on the Thirteenth of December and sent his * This was never done before Citatory Letters to the Prior and Convent of the Church of Canterbury and all others whom it concerned to be present there and choose an Arch-Bishop that See being then void There were sixteen [1.] Ibidem Col. 1347. n. 10 20. The Popes Legat directs the choosing of an Arch-Bishop of Canterbury Cont. of Flor. of Worcester f. 671. Anno Dom 1139. Constitutions Decreed the most notable whereof were these at that time somewhat new and not fully Established and one or two of them never practised before in England The year following Theobald Arch-Bishop of Canterbury Simon Bishop of Worcester Roger Bishop of Coventry Robert Bishop of Exeter and Rainald Abbat of Evesham were Commanded by the Pope to Repair to Rome where they were received with much Honour and were present in the Roman Council such an one as had not been many Ages before In this Council they freely and according to their desires propounded and managed their own Causes and returned home with joy bringing with them the Decrees of this Council then when the Monk wrote written and dispersed far and wide through England And in this Council the under written Constitutions which had been made in this English Council were Decreed which according to the Title was the second Lateran Council holden under Pope Innocent the Second Anno Dom. 1139. Apr. 8. Labbe Tom. 10. Col. 999. This practise of the Pope was new to call particularly whom he pleased to Councils Constitution V. None may receive a Church or any Ecclesiastical [2.] Ibidem The foremer part of this Constitution about Investitures was new Buying of Benefices prohibited Married Priests and such as kept Concubines deprived of Ecclesiastick Benefices c. Benefice from a Lay Man When any receive Investiture from a Bishop we Command that he swear upon the Gospel That neither by himself nor any other he gave or promised any thing for it and if it be presumed he did the gift shall be void and both the Giver and Receiver shall be subject to Canonical Censure Spelm. Concil vol. 2. f. 41. Constit VII Walking in the steps of the Holy Fathers we deprive Married Priests Deacons and Sub-Deacons and thâ—se that have Concubines of their Ecclesiastical Benefices and Offices And by Apostolical Authority we forbid all People to hear their Masses Constit IX If any one Kills [3.] Ibidem Col. 1348. lin 5. n. 10. Imprisons or lays his Wicked Hands upon a Clerk Monk or Nun or any Ecclesiastick Person unless he makes satisfaction upon the third Admonition let him be Anathematized Nor shall any one unless in danger of Death enjoyn him Pennance but the Pope and if he dies impenitent his Body shall not be Buried This Canon or Constitution was made to prevent the Rudeness and Inhumanity of the Soldiers who in this Intestine War used all Persons alike Religious and Secular the Sword made little difference nor made they scarce any distinction of Places in their Rapine or Plundering Constit XI We prohibit by Apostolick Authority That no Man builds a Church or Oratory in his own Fee without the Command of his Bishop This Constitution was new and made to baffle the Right of the Lay Patron which was Originally grounded upon the Feudal Law and the Erection of a Church within the Precinct of his own Fee or Maner and the Donation or Grant of the Tithes within that Precinct unto it and to Entitle the Pope or Bishop unto it by reason of his Command was this Constitution made This Council being Dissolved * Ibid. n. 50. Jeremy Prior of the Church of Canterbury and some of the Convent whom the King had called in the presence of him and the Legat with some of the Chief Men and Bishops of England chose Theobald Abbat of Bec Arch-Bishop of that See At which the Bishop of Winchester and Legat was much moved designing it for himself but lost it by the Contrivance of the King and Queen and for this cause it was reported by some that he left the King his Brother and went off to the Empress Earl Robert and Milo the Kings High or Great Constable Notwithstanding the Ninth Constitution of this Council the Soldiers abated not of their rough usage of the Clergy and Ecclesiasticks and therefore the Bishop of Winchester and Popes Legat to check their Barbarities [4.] Rog. Hoved. f. 279. b. n. 40. called a Council at London in the Eighth year of this Kings Reign Anno Domini 1143. in which it was thus Decreed That because no Honour was given by Ravagers and Plunderers to Clerks nor to the Church of God A Canon for the security of Clerks and that Clerks were as frequently Imprisoned and put to Ransom as Lay Men Therefore who ever laid violent Hands upon a Clerk should not be absolved but by the Pope himself From which Decree the Clerks received much Relief and Advantage Mat. Paris [5.] F. 79. n. 30. adds to this another Decree â—That the Churches and Church-Yards whether the Poor People fled with their Goods should be as free from violence as the Priests themselves Another for the security of Ploughs and Ploughmen and that the Ploughs and Ploughmen in the Fields should enjoy the same freedom and they Excommunicated all Contraveners to this Decree â—with Light Candles or Tapers And so saith the Monk the Rapacity of the Kites was somewhat abated The next was a General Council in the Sixteenth of this King Anno Domini 1151. holden at London [6.] Hen. Hun. f. 226. b. lin 3. by Theobald the Arch-Bishop of Canterbury and the Popes Legat in which were present King Stephen his Son Eustachius and the Barons or Great Men of England This
in Person and the King of France's Men were to wear Red Crosses the Kings of England's White Crosses and the Earls of Flanders Green Crosses for Notes of Distinction Upon this Resolution for an Expedition into the Holy Land this [6.] Ibidem n. 20. They agree upon Articles how to carry on and maintain the War Council presently entred upon the manner and way of setting it forth and maintaining it and in a very short space agreed upon several Articles which would have carried on and maintained the War effectually Hoveden recites them confusedly and hath several superfluous Heads which are not in Labbe or Gervase the Monks of Canterbury [7.] Labbeâ— Concil Tom. 10. Col. 1740. B. C. D. Talis est dispositio ad subveniendum Terrae Jerusalem a Domino Philippo Rege Franciae Henrico Rege Angliae Communi Consilio Episcoporum Comitum Baronum Terrarum suarum approbata Scilicet This is the Establishment for the Relief of the Land of Jerusalem by Philip King of France and Henry King of England approved by the Common Council of the Bishops Earls and Barons of their Dominions That is to say I. Every one as well Clerk as Laick that is not worth above One hundred Shillings for every House he hath where there is a constant Fire kept shall pay Two Pence for three years every year II. If he have more than One hundred Shillings in Moveables of every Pound in all the King of France his Dominions he shall pay Two Pence of Province Money and in the Dominions of the King of England on that side the Sea two Pence of Anjou Money and in England one Shilling Sterling for the same term III. He that hath One hundred Pounds in Lands or Rents or above shall pay yearly twenty Shillings IV. He that hath less than One hundred Pounds in Rents of every twenty Pounds shall give four Shillings and of every forty Pounds eight Shillings Those that have Moveables beyond One hundred Shillings shall swear That of every twenty Shillings they will faithfully give two Pence V. Very little to the purpose VI. The Tenth is due for the Defence of the Land of Jerusalem from Midsumer 1184. for ten years saving the Right of the Lords and of the Churches Out of this Estimation are excepted in Clerks the Treasure and Ornaments of their Churches their Books Horses Vessels Vestments Gemms and Vtensils which are necessary for their daily use And in Knights or Soldiers their Horses Arms Vessels and Cloaths for their common use For the Collecting of this Alms Two Templars and an Hospitaller appointed to be Collectors in every Bishoprick there shall be appointed in every Bishoprick two Brothers one of the Temple another of the Hospital and in every Parish they two and Dominus Presbyter Villae the Priest of the Town duo de legalioribus Parochianis shall collect and keep this Alms. All this great Work was [8.] Hoved. fol. 366. a. n. 20. dispatch't and the King was come back into England and arrived at Winchester on the Thirtieth of January And [9.] Ibidem The King returns into England and in a Council of his Lords causes these Articles to be recited forthwith saith Hoveden he assembled a great Council of Bishops Abbats Earls Barons and many others as well Clerks as Laicks at Gaintington where he caused to be recited all the Articles which had been agreed on beyond Sea about taking the Cross The Monk of [1.] Chron. Gervas Col. 1522. lin 3. An. Do. 1188. Canterbury tells us they met on the Eleventh of February Tertio Idus Februarii Convenerunt apud Gaitintune quae a Northamptonnia octo vel decem distat Miliariis una cum Rege Praesules Principes Regni de defensione sacrosanctae Terrae Jerosolimae tractaturi unde variis multis hic inde prolatis sermonibus haec tandem de cruce sumpta vel sumenda capitula subscripta promulgata sunt That is On the Eleventh of February the Bishops with the Princes or Chief Men of the Realm met with the King at Gaitintune about eight or ten Miles from Northampton to Treat about the Defence of the Holy Land of Jerusalem and after much Debate at length these underwritten Articles concerning such as had taken or would take the Cross were published All that take the Cross to be absolved from their Sins I. Every Clerk or Layman that shall take upon him the Cross shall be freed and absolved from all his Sins of which he hath been Confessed and hath Repented by the Authority of God the Blessed Apostles Peter and Paul and the Pope All that do not undertake it to pay the Tenth of their Estates and Goods II. Dispositum est a Regibus Archiepiscopis Episcopis aliis Principibus quod omnes illi tam Clerici quam Laici c. It is Ordained by the Kings the Arch-Bishops Bishops and other Princes or Chief Men That all those as well Clerks as Laicks who shall not undertake this Expedition shall give the Tenth of all their Rents for one year and of all their Goods as well in Gold as Silver and in all other things except Books Cloaths Vestments of Clerks Ornaments of their Churches or Chappels Precious Stones as well of Clerks as Laicks and except the Horses and Arms and Cloaths of Knights belonging to their proper use III. Notandum etiam It is also to be noted Quod omnes Clerici Milites Servientes that all Clerks Knights and Esquires which shall undertake this Expedition or Croysado shall have the Tenths of their own Lands and the Tenths of their own Men and Tenents and shall give nothing for themselves There are five Articles more in this Monk about the mean Habits and Cloaths they should wear in this Crusado and their sober and humble Carriage and Behaviour and about Liberty and Conditions to engage their Estates to prepare and sit themselves for the Expedition now not much to the purpose When this Constitution was thus made says Hoveden [2.] F. 366. a. n. 30. An. Do. 1188. The King sends out his Officers to collect the Tenth the King sent his Servants as well Clerks as Laicks to Collect these Tenths in his Dominions beyond Sea but in all the Cities in England he caused all the Richest Men to be chosen out viz. in London two hundred in York one hundred and in others proportionably and caused them all to appear before him at certain days and places of whom he took the Tenth of their Moveables according to the Estimation of honest Men which knew their Rents and Moveables and those he found obstinate or Refractory Those that refused to pay were imprisoned till they paid he presently committed them to Prison and there kept them until they had paid the uttermost Farthing The Jews also that were in England paid after the same Rate Into [3.] Ibidem n. 40. Scotland he sent the Bishop of Durham and other Clerks and
virorum Willielmi Mareschalli Comitis Penbroc W. Comitis Saresberiensis Willielmi Comitis Warrennae Willielmi Comitis Arund l Alani de Galeweia Constabularii Scotiae Warin filii Gerardi Petri filii Hereberti Huberti de â—urgo Seneschalli Pictaviae Hugonis de Novilla Matthaei filii Hereberti Thomae Basset Alani Basset Philippi de Albeni Roberti de Ropesle Johannis Marescalli Johannis filii Hugonis aliorum fidelium nostrorum in primis concâ—ssisse Deo hac praesenti Charta nostra confirmasse pro nâ—bis haeredibus nostris in perpetuum JOHN By the Grace of God King of England c. To the Archbishops Bishops c. Know ye That We in the presence or for the sake of God and for the Health of our Soul and the Souls of all my Antecessors and Heirs and to the Honour of God and the Exaltation of Holy Church and Amendment of our Kingdom by advice of our Venerable Fathers Stephan Archbishop of Canturbury Primat of all England and Cardinal of the Holy Roman Church Henry Archbishop of Dublin William Bishop of London Peter of Winchester Jocelin of Bathe and Glastonbury Hugh of Lincoln Walter of Worcester William of Coventry Benedict of Rochester Bishops And Master Pandulph the Popes Sub-Deacon and ancient Servant Brother of the Master of the Temple of England and the Noble Persons VVilliam Mareschal or Marshal Earl of Pembroke VVilliam Earl of Salisbury VVilliam Earl of VVarren VVilliam Earl of Arundel Alan de Galewey Constable of Scotland VVarin Fitz-Gerard Peter Fitz-Herebert and Hugo de Burgh Senescal or Steward of Poictou Hugh de Nevâ—l Matthew Fitz-Herebert Thomas Basset Alan Basset Philip de Albeney Robert de Ropesle Iohn Marshal Iohn Fitz-Hugh and others our Feudataries or Liegemen Have first of all Granted to God and by this our present Charter Confirmed for Vs and our Heirs for ever I. Quod Anglicana Ecclesia libera sit habeat jura sua integra suas libertates illaesas ita volumus observari quod apparet ex eo quod libertatem electionum quae maxima magis necessaria reputatur Ecclesiae Anglicanae mera spontanea voluntate ante discordiam inter nos Barones nostros manifeste motam concessimus charta nostra confirmavimus eam obtinuimus a domino Papa Innocentio Papa tertio confirmari quam nos observabimus ab haeredibus nostris in perpetuum bona fide volumus observari That the English Church shall be free and enjoy her whole Rights and her Liberties unhurt and we will have them so observed as it may appear That the Freedom of Elections which was reputed most necessary for the English Church which we Granted and Confirmed by our Chart and obteined the Confirmation of it from Pope Innocent the Third before the Discord between Vs and our Barons was of our meer Free Will Which Chart of Freedom we shall Observe and do will it to be faithfully observed by our Heirs for ever II. Concessimus etiam omnibus liberis hominibus nostris Regni Angliae pro nobis haeredibus nostris in perpetuum omnes libertates subscriptas habendas tenendas eis haeredibus suis de nobis haeredibus nostris We have also Granted to all our Freemen of the Kingdom of England for Vs and our Heirs for ever All the underwritten Liberties to Have and to Hold to them and their Heirs of Vs and Our Heirs III. Si quis Comitum vel Baronum nostrorum sive aliorum tenentium de nobis in capite per servitium militare mortuus fuerit cum decesserit haeres suus plenae aetatis fuerit relevium debeat habeat haereditatem suam per antiquum relevium scilicet haeres vel haeredes Comitis de Baronia Comitis integra per centum libras haeres vel haeredes Baronis de Baronia integra centum marcas haeres vel haeredes mâ—litis de feudo militis integro pâ—r centum solidos ad plus qui minus debuerit minus det secundum antiquam consuetudinem feudorum If any of our Earls or Barons or others which hold of us in Chief by Military Service shall die and at the time of his Death his Heir shall be of Full Age and owes a Relief He shall have his Inheritance or Estate by the Antient Relief That is to say the Heir or Heirs of an Earl for a whole Earls Barony an Hundred Pounds The Heir or Heirs of a Baron for a whole Barony an Hundred Marks The Heir or Heirs of a Knight for a whole Knights Fee an Hundred Shillings and he that oweth less shall give less according to the Antient Custom of Fees IV. Si autem alicujus haeres talium fuerit infra aetatem fuerit in custodia dominus ejus non habeat custodiam ejus nec terrae suae antequam homagium ejus ceperit postquam talis haeres fuerit in custodia ad aetatem pervenerit scilicet viginti unius anni habeat haereditatem suam sine relevio sine fine ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra remaneat in custodia Dominorum suorum usque ad terminum praedictum But if the Heir of any such shall be under Age and shall be in Ward his Lord may not have the Wardship of him nor his Land before he hath received his Homage And after such Heir shall be in Ward and shall attein to the Age of one and twenty years he shall have his Inheritance without Relief or without Fine Yet so that if he be made a Knight while he is under Age nevertheless the Land shall remain in the Custody or Guardianship of their Lords until the foresaid time V. Custos terrae hujusmodi haeredis qui infra aetatem fuerit non capiat de terra haeredis nisi rationabiles exitus rationabiles consuetudines rationabilia servitia hac sine destructione vasto hominum vel rerum Et si nos commiserimus custodiam alicui talis terrae Vicecomiti vel alicui alii qui de exitibus terrae illius nobis debent respondere ille destructionem de custodia fecerit vel vastum nos ab illo capiemus emendam terra committatur duobus Legalibus discretis hominibus de feudo illo qui similiter nobis respondeant sicut praedictum est The Warden or Guardian of the Land of such Heir which shall be under Age shall take of the Land of the Heir only reasonable Issues or Profits reasonable Customs and reasonable Services and these without the Destruction or Waste of the Tenents or things upon the Estate And if we shall Commit the Guardianship of those Lands to the Sheriff or any other which ought to answer to us for the Issues or Profits of the Land and he shall make Destruction and Waste upon the Ward-Lands we will force him to give Satisfaction and the Land shall be committed to lawful and discreet
demands Ibid. D. He and his Sons banished Ibid. F. They much infest the English Coast fol. 133. D. The difference between the King and them composed Ibid. E. F. His sudden death f. 134. A. Gogmagog Hills a Roman Camp f. 48. B. Goisfrid Bishop of Constance Chief Justiciary of England f. 151. C. D. Gothrun King of the Danes converted to Christianity f. 115. B. Northumberland granted to him by Elfred Ibid. C. Gratian otherthrown and slain by Maximus f. 37. D. John de Gray Bishop of Norwich chosen by the Monks Arch-bishop of Canturbury f. 474. E. The Suffragans oppose his Election f. 475. A. The Pope gave sentence on the Monks side Ibid. B. His Election nulled by the Pope f. 476. A. Walter de Gray chosen Arch-bishop of York and gave 10000 l. for his Pall f. 405 C. He was made Governor of England by Henry the Third f. 583. E. Gregory the Ninth made Pope f. 540. A. He voided and confirmed Elections of Bishops at his pleasure f. 542. B. C. A Tenth of all Moveables granted and paid him in England and Ireland Ibid. E. F. His Policy to get Money from the English f. 565. D. He Excommunicated Frederic the Emperor f. 572. C. He and the Conclave chose Robert Brother to Lewis King of France Emperor f. 573. F. His Demands of the Abbat and Convent of Burgh f. 577. C. The Monks Answer to his Demands Ibid. D. His Death 581. B. His Collector too nimble for Henry the Third Ibid. Griffin Son of Lewellin Prince of Wales treacherously used by his Brother David f. 578. lin 1. He offered to become Tenant to Henry the Third Ibid. A. and 579. C. His unfortunate Death f. 589. F. Ralph de Guader conspired against the Conqueror f. 20â— B. C. He was defeated and put to flight and his followers barbarously used Ibid. D. His Valour in defence of Bretevil Castle f. 249. D. E. Guido the first Legat ever the Pope sent into England f. 256. E. Baldwin de Gysnes Governor of Monmouth Castle defeated by Richard Earl Mareschal f. 557. A. H. HAdrian Saluted Emperor and came into Britain with an Army f. 27. C. He made a wall eighty Miles in length Ibid. D. Hageneth Castle taken f. 315. F. Harde-Cnute made King by the English and Danes f. 130. B. He laid a great Tax upon the Nation f. 130. C. His sudden Death Ibid. D. Harold sent into Normandy by the Confessor to do Fealty to Duke William f. 135. B. His Promise to Duke William to Marry his Daughter and to secure the English Crown for him Ibid. D. E. F. He was Crowned King by Aldred Ibid. His Answer to Duke Williams Messengers f 136. A. His success against his Brothers and other Enimies Ibid. B. C. He was overthrown and slain by Duke William f. 137. B. His Sons invade England f. 194. C. Hasculf attempted to regain Dublin f. 357. C. He was repulsed taken and beheaded Ibid. D. Helena mother to Constantine who she was f. 33. A. B. Hengest and Horsa Chiefs of the Saxons f. 94. A. Kent given to them for a reward Ibid. D. Henry the First King of England born f. 193. C. His Charter for holding County and Hundred Assemblies f. 144. E. He convened the County at his own pleasure f. 144. B. Controversies between great Barons reserved to his own Court Ibid. C. Various accounts of his ascending the Throne f. 233. C. D. E. He is Crowned he sealed a Charter and revoked Anselme f. 234 B. D. E. He was reconciled to his Norman Nobility f. 235. E. F. He made Peace with his Brother Duke Robert 236. B. C. He summoned several great men to their Trials f. 237. D. The great men of Normandy invite him thither f. 240. C. He setled Peace among them and rebuked his Brother Ibid. D. E. His second Expedition into Normandy and success there against Duke Robert his Brother f. 241. A. B. E. F. and f. 242. C. He sent his Brother Robert Prisoner into England f. 243. A. He resumed his Fathers Lands in Normandy Ibid. B. C. His Justice upon all Out-rages Rapes and Coyners f. 244. C. D. His Success against the Earls of Montfort and Anjou fol. 245. C D. F. A Peace made between him and the King of France f. 246. A. He made a Compleat Conquest of Normandy Ibid. B. C. He destroyed his Enemies Towns and Castles there and overthrew Lewis King of France f. 248. D. E. F. Pope Calixtus moved him in behalf of his Brother Robert His Answer f. 251. C. His Return into England and Marriage Ibid. F. and fol. 252. B. He defeated the Confederacy of the Norman great men Ibid. C. E. F. They submit to him and are received into Favour f. 253. A. He sent for his Daughter Maud the Empress Ibid. B. He was disturbed by Geofry Duke of Anjou his Son in Law f. 254. E. F. His Clemency and Bounty a little before his Death fol. 255. B. He named his Daughter Maud his Success or Ibid. C. His kindness to the Clergy and rigor to Seculars Ibid. E. His quarrel with Anselm about Investitures f. 257. A. B. E. He is reconciled to Anselm and parted with the right of Investitures f. 261. A. 263. B. His great Exactions to raise Monâ—y f. 261. C. D. He kept the Arch-Bishoprick of Canturbury five years in his hands after Anselm's death f. 265. E. He would not prefer any English Man f. 266. l. 1. He would not suffer a Legat to come into England until desired f. 268. A. 269. B. He confirmed the Canons of Councils Ibid. D. And compounded with Priests to lâ—t them live with their Wives Ibid. E. His Taxes and Impositions f. 270. His Issue Legitimate and Natural Ibid. C. D. f. 271. What Treasure he left f. 273 B. Henry 2d Eldest Son to Maud the Empress cometh into England and was Knighted by the King of Scots f. 288. D. E. f. 290. F. He received the Dukedom of Normandy f. 291. A. He married Alienor Countess of Poictou and secured Normandy and returned into England Ibid. D. E. F. 292. D. Overtures of Peace between him and King Stephen f. 292. F. The Terms on which the Accommodation was made f. 293. A. How he came to the Crown of England f. 298. C. He Banished Strangers and revoked the Crown-lands alienated by King Stephen Ibid. D. F. His Son Henry born f. 299. B. His Great Men swear Fealty to his Son William Ibid. He Subdued the Welch and received their Homage Ibid. C. D. He was absolved his Oath to his Brother Geofry by Pope Adrian f. 300. A. The Agreement between him and his Brother Ibid. B. Nants Surrendred to him by Conan Earl of Britany Ibid. E. And several other Castles yielded and taken Ibid. F. He claimed the Earldom of Tholouse f. 301. B. His Expedition to persue his Title and Success Ibid. D. E. f. 302. A. B. A Truce between him and the King of France Ibid. D. The Number and Pay of his
Montfort should swear f. 645. E. And forced to own whatever Simon Montfort suggested f. 646. A. c. His Command to all Sheriffs to keep out Strangers Ibid. B. C. D. E. F. f. 647.648 A. He was put under Guardians and Keepers f. 649. A. His endeavors to reconcile Simon Montfort and the Earl of Glocester f. 650 A. B. He declared his Son Prince Edward a Rebel Ibid. E. F. He prohibited all his Subjects to assist him and commanded the Bishops to Excommunicate him f. 651. A. C. He was forced to declare his Loyal Subjects Rebels Ibid. F. He was wounded in the Battle at Evesham f. 652. F. He seized the Liberties of London f. 653. D. The Rebels Lands given him by Parlement Ibid. E. His Grant of them to his Faithful Subjects Ibid. F. His Clemency to such Rebels as submitted to him Ibid. He appointed a Custos of the City of London f. 654. B. F. His kind Offer to the Disinherited Barons f. 657. B. He was forced to pawn his Jewels f. 660. F. A Tenth upon all Ecclesiastical Revenues for three years granted to him by the Pope f. 663. B. C. He reduced or dispersed the Disinherited in the Isle of Ely f. 664. C. D. His great care to secure his Subjects Goods Ibid. F. His Sickness and Death f. 667. B. Church Affairs in his Reign f. 668 669 c. Taxes in his Reign f. 671 672. The Irish Affairs in his Reign f. 673 674. His Issue f. 675. Henry Eldest Sonto Henry 2. born f. 299. B. He was married to Margaret Daughter to the King of France f. 303. B. He received the Homages of the Bishops and Abbats of England King of Scots Princes of N. and S. Wales and their Great Men f. 304. C. F. He was made Seneschal of France and doth Homage to that King f. 307. C. He was Crowned King and made Viceroy of England f. 310. A. E. He was Crowned again with his Queen f. 311. C. He was alienated from his Father by the King of France f 312. D. He forced his Servants to swear Fealty to him against his Father f. 313 B. He received the Homages of many Great Men and Princes Ibid. E. His designed Expedition into England prevented f. 317. A. 318. F. 319. B. He was recalled by the French King Ibid. F. His submission to his Father and kind reception f. 321. A. B. C He did Homage to him f. 323. B. He passed over into Normandy with his Brother Richard fol. 329. lin 1. His undutifulness to his Father and submission f. 338. C. D. His Brother Geofry did him Homage but Richard refused Ibid. E. F. He and Geofry conâ—ederate against their Father f. 339. A. â—e undertook the Cross against his Fathers will Ibid. B. His Death Ibid. Henry Son to Richard King of the Romans sent as an Hostage by the Barons to Dover Castle f. 642. l. 2. He was slain at Viterbo in his return from Jerusalem fol. f. 666. l. 2. Henry Bishop of Winchester King Stephens Brother made Legat in England f. 277. l. 1. He Summoned King Stephen to appear before him Ibid. A. He sideth with Maud then Empress f. 283. B. He acknowledged her to be Queen Ibid. D. E. His Speech to the Bishops in her behalf against King Stephen f 284. His Answer to the Londoners Petition Ibid. E. He deserted the Empress and adhered to King Stephen f. 285. F. His complaint against the Empress and design to ruine her f. 287. B. He deposed her and Excommunicated her Friends Ibid. D. His Repentance and labors for an Agreement f. 293. A. Henry Earl of Britan doth Homage to Henry 3 d f. 543. E. He prevented the French Kings designs f. 546. E. He surrendred Britany to the French and turn'd Pyrate f. 562. C. D. Henry of Bath Justiciary of Henry 3 d accused of Bribery c. fol. 605. A. The King much incensed against him Ibid. C. Earl Richard stood his friend and made his peace Ibid. D. Heregeat or Heriot what it was f. 69. l. 1. And when paid f. 82. D. Hereward defended the Isle of Ely against the Conqueror f. 196. C. D. He made his escape f. 197. A. Herlot the Popes Notary sent into England f. 623. C. He privately withdrew himself f. 632. F. Hertoldus Governor of Mirabell Castle his fidelity to Hen. 3. f. 586. B. He was kindly used by the French King Ibid. C. Herulians who they were and where they dwelt f. 35. C. D. Hidage what it was f. 204. B. Hingnar and Hubba two Leaders of the Danes f. 113. D. Honor what it was f. 199. F. Honorius 3 d made Pope f. 528. A. He declared Hen. 3. to be of Age f. 533. B. His demands of the English Prelates by his Legat f. 538. B. Their Answer to his Demands f. 539. B. His Demands opposed and rejected in France Ibid. E. F. His Death f. 540. A. Horesti who they were and where they dwelt f. 26. D. Hubert Bishop of Salisbury accompanied King Richard to the Holy Land f. 428. l. 1. He was Electâ—d Arch-Bishop of Canturbury and made Justiciary of England f 438. l. F. He excommunicated Earl John and his Accomplices f. 441. A. He was made the Popes Legat f. 447. E. He desired to be eased of his Justiciariship but was denied f. 448. B. What he raised in England in two years for the Kings use Ibid. C. The Monks of Canturbury complain against him to the Pope f. 449. F. He was removed from all Secular Offices upon the Popes Letter f. 450. A. He seized the Oblations at Beckets Tomb Ibid. E. He Crowned King John and Queen Isabel f. 468. A. His Death f. 474. C. Hubert de Burgh made Governor of Dover Castle f. 509. F. His resolute Answer to Prince Lewis his Summons f. 523. C. He Married the King of Scots Sister f. 530. B. How he punished the London Rioters f. 531. A. B. The great Mens complaint against him f. 533. A. He advised the K. to cancel the Charters he had granted f 539. F. He appointed what every one should pay for renewing their Charters f. 540. A. He is made Earl of Kent Ibid. C. He fell under the Kings displeasure but is soon reconciled fol. f. 543. C. D. E. The King wholly guided by him f. 545. A. He was accused for countenancing those that plundered the Italian Clercs f. 549. A. He is removed from his Office and charged with great crimes fol. 550. A c. He took Sanctuary and refused to plead Ibid. F. He was forceably drawn from thence f. 551. C. He was restored but after carried prisoner to the Tower Ibid. E. F. He submitted to the King and was committed to four Knights f. 552. B. D. He endeavored to make his escape but was taken and ill used fol. 557. C. D. He escaped into Wales in a Soldiers Habit f. 558. lin 3. He is reconciled to the K. received into his Council f. 560. D. F. He incurred his displeasure
to King Henry's demands of Normandy f. 532. F. He gained Rochell by his Money f. 534. l. 1. His death and Corâ—nation of his Sâ—n Lewis f. 539. C. His designs to Invade Britany defeated f. 546. E. F. His preparation against Henry the 3d. f. 584. l. 1. His concern for his Fathers Oath to King Henry f. 584 C. His repeated Successes against the Earl of March's and King Henry's Forces f. 585.586 The Pestilence in his Army forced him to a â—ruce with King Henry f. 586. â— His offer to his Subjects that had Estates in England and France f. 589. D. His design upon Gascolgny f. 597. â— He was taken Prisoner by the Saracens f. 604. D. He Nulled the Oxford Provisions f. 659. A. What he thought of the Barons proceedings f. 648. B. His kind Invitation and bountiful Offer to Prince Edward f. 665. A. His Death at Tunis Ibid. F. Robert Earl of Leycester came into England with an Army of Flemmings f. 315. F. He was defeated and taken Prisoner by Humfry de Bohun f. 316 A. B. He is restored to his Liberty and Estate f. 420. C. He died in his journey to the Holy-â—and f. 428. E. John de Lexinton prohibited the Clergy from paying any Contributions to the Pope f. 596. F. Limeric in Ireland taken by Reymund f. 363. D. Relieved by Meiler f. 364. B. D. Fired by the Inhabitants f. 370. F. The Honor granted to William de Braiosa by King John fol. f. 518. A. B. His destruction contrived by the Kings Counsellors Ibid. D. E. He passed over into Ireland and was there betrayed and slain f. 560. A. B. The King much lamented his death Ibid. C. Gilbert his Brother restored to his Estate and Honors Ibid. E. He was refused entrance into the Kings Pallace and received a severe Reprimand from the King f. 571. F. He was reconciled to the King f. 576. F. He was unfortunately killed by a fall from his Horse f. 577. E. Walter his Brother was at first denied but soon after restored to the Mareschalcy f. 581. A. Market where antiently kept f. 209. E. Geofry Marsh his Treachery to Richard Earl Mareschal f. 560. A. B. Geofry Martell Earl of Anjou opposed Duke William but without success f. 187. A. Martin sent Legat into England f. 589. A. His Exorbitant Power and practice Ibid. B. C. His Demands of the Clergy f. 591. D. He was roughly treated by Fulk Fitz-Warine f. 593. B. He left England Ibid. D. Maud the Conquerors Wife Crowned by Arch-Bishop Aldred f. 193. C. Maud the Empress Daughter to Henry the First returned into England f. 253. F. The Great Men Sware to make her Queen after her Fathers decease f. 254. A. D. She was married to Geofry the Earl of Anjou's Son Ibid. B. She was Named by her Father to the Succession f. 255. C. She landed in England f. 278. F. Several Towns and Castles do Homage to her f. 279. C. The War between her and King Stephen carried on with continual Rapine and Barbarities f. 280. A. c. King Stephen was averse to Peace with her f. 282. B. C. He was presented Prisoner to her f. 283. B. Her Oath to the Bishop of Winchester the Legat Ibid. C. She is owned Queen by him and the Great Men Ibid. D. E. She gave Orders and Directions for the Government f. 285. C. She refused the Londoners Petition for King Stephen Ibid. D. They Conspired against her and the Legat deserted her Ibid. E. F. Milo of Glocester his faithfulness and kindness to her fol. 286. A. B. Her ruine contrived by the Legat f. 287. B. All her Friends were Excommunicated by him Ibid. D. She sent for her Husband the Duke of Anjou f. 288. A. She was besieged in Oxford but made her Escape f. 289. C.D.E. She passed into Normandy to her Husband f. 290. D. Her death and Charity to the Religious and Poor fol. 303. lin 3.306 B. Maximus excited the Soldiers to Sedition and is saluted Emperor fol. 37. C. His success against Gratian Ibid. D. He was Conquered and slain by Theodosius f. 38. l. 1. Abbat of Medeshamstede not Legat in England in King Ecgfrids Reign f. 89 90. Meiler Eminent for his Courage and Conduct in Irish Engagements f. 359. A. 363. C. Melitus Ordained a Bishop by Augustin f. 103. E. Vicount Melun discovered to the English Barons how Prince Lewis designed to treat them f. 514. E. F. Great Men vid. Barons Mercians Converted by Finian f. 106. lin 1. Merleberge vid. Statutes Merton vid. Statutes Messina taken by the English f. 428. B. Military Service required by the Saxon Laws f. 68. A. By Edward the Confessors Laws f. 69. C. Proved by several Instances in Domesday f. 70. B. The Service called Free service f. 71. A. How much the Member of one Fee was f. 166. A. Milites called Liberi homines f. 70. F. They only served upon Juries Ibid. Milo of Glocester a constant Frind to Maud the Empress f. 286. A. Monks their quarrel with the Seoulars f. 122. C. D. Almerio de Montesorti took Arms against Henry the First f. 247. C. He perswaded Lewis King of France to make War with him f. 249. B. He is reconciled to King Henry f. 251. A. Simon Montfort a great Favorite of King Henry 3. f 568. B. He maried Alienor the Kings Sister f 569. A. He first corrupted her f. 573 A. His Marriage stomâ—shed by the Nobility f. 569. B. He went to Rome and got his Marriage confirmed fol. 570. A. B. He was kindly received by the King and Court Ibid. He was made Earl of Leycester f. 572. A. He and his Wife retire from Court f. 573. A. He is again kindly received f. 574. F. His Courage in a Battle with the French f. 585. C. He subdued the Rebellious Gascoigns f. 602. F. A supply granted him for Gascoigny f. 604. F. His success against the Gascoigns and return f. 606. A. The Gascoigns Complaint against him Ibid. E. He pleaded his Innocency and Merits and is sent thither again Ibid. F. He treated them very rigorously f. 607. lin 1. The Gascoigns repeat their Complaints against him and desire a Tryal Ibid. A. B. C. Earl Richard stood his Friend Ibid. D. He Impudently gave the King the Lye Ibid. E. He was supported by the Great Men Ibid. F. He returned into Gascoigny f. 608. A. The Great Men take his part and accuse the Gascoigns f. 609. D. He resigned his Patent of the Custody of Gascoigny f. 610. A. He sawcily upbraided the King f. 624. B. He and the Barons Arm themselves to make good the Oxford Provisions f. 639. D. He made Prince Edward Prisoner but released him on Conditions f. 640. B. C. He Took the King and his Brother Richard Prisoners fol. 641. D. He referred himself to the King of France to make Peace Ibid. F. His Son made Constable of Dover Castle f. 642. C. He inflamâ—d the People against the King by false reports fol. 645. F.
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