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england_n	henry_n	king_n	normandy_n	8,654	5	11.5816	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59093	The reverse or back-face of the English Janus to-wit, all that is met with in story concerning the common and statute-law of English Britanny, from the first memoirs of the two nations, to the decease of King Henry II. set down and tackt together succinctly by way of narrative : designed, devoted and dedicated to the most illustrious the Earl of Salisbury / written in Latin by John Selden ... ; and rendred into English by Redman Westcot, Gent.; Jani Anglorum facies altera. English	Selden, John, 1584-1654.; Littleton, Adam, 1627-1694.; White, Robert, 1645-1703.	1682 (1682)	Wing S2436; ESTC R14398	136,793	167

all things in William's time were new How can a man chuse but believe it The Abbot of Crowland sayes this of it I have brought with me from London into my Monastery the Laws of the most Righteous King Edward which my Renowned Lord King William hath by Proclamation ordered under most grievous penalties to be authentick and perpetual to be kept inviolably throughout the whole Kingdom of England and hath recommended them to his Justices in the same language wherein they were at first set forth and published And in the Life of Fretherick Abbot of S. Albans you have this account After many debates Arch-Bishop Lanfrank being then present at Berkhamstead in Hartfordshire the King did for the good of peace take his Oath upon all the Reliques of the Church of S. Alban and by touching the holy Gospels Fretherick the Abbot administring the Oath that he would inviolably observe the good and approved ancient Laws of the Kingdom which the holy and pious Kings of England his Predecessors and especially King Edward had appointed But you will much more wonder at that passage of William le Rouille of Alençon in his Preface to the Norman Customs That vulgar Chronicle saith he which is intitled the Chronicle of Chronicles bears witness that S. Edward King of England was the Maker or Founder of this Custom where he speaks of William the Bastard Duke of Normandy alias King of England saying that whereas the foresaid S. Edward had no Heirs of his own Body he made William Heir of the Kingdom who after the Defeat and Death of Harald the Usurper of the Kingdom did freely obtain and enjoy the Kingdom upon this condition to wit that he would keep the Laws which had before been made by the fore-mentioned Edward which Edward truly had also given Laws to the Normans as having been a long time also brought up himself in Normandy Where then I pray you is the making of new Laws Why without doubt according to Tilbury we are to think that together with the ratifying of old Laws there was mingled the making of some new ones and in this case one may say truly with the Poet in his Panegyrick Firmatur senium Juris priscamque resumunt Canitiem leges emendanturque vetustae Acceduntque novae which in English speaks to this sense The Laws old age stands firm by Royal care Statutes resume their ancient gray hair Old ones are mended with a fresh repair And for supply some new ones added are See here we impart unto thee Reader these new Laws with other things which thou maist justly look for at my hands in this place CHAP. II. The whole Country inrolled in Dooms-day Book Why that Book so called Robert of Glocester's Verses to prove it The Original of Charters and Seals from the Normans practised of old among the French Who among the Romans had the priviledge of using Rings to seal with and who not 1. HE caused all England to be described and inrolled a whole company of Monks are of equal authority in this business but we make use of Florentius of Worcester for our witness at this time how much Land every one of his Barons was possessed of how many Soldiers in fee how many Ploughs how many Villains how many living Creatures or Cattel I and how much ready mony every one was Master of throughout all his Kingdom from the greatest to the least and how much Revenue or Rent every Possession or Estate was able to yield That breviary or Present State of the Kingdom being lodged in the Archives for the generality of it containing intirely all the Tenements or Tenures of the whole Country or Land was called Dooms-day as if one would say The day of Doom or Judgment For this reason saith he of Tilbury we call the same Dooms-day Book Not that there is in it sentence given concerning any doubtful cases proposed but because it is not lawful upon any account to depart from the Doom or Judgment aforesaid Reader If it will not make thy nice Stomach wamble let me bring in here an old fashioned Rhyme which will hardly go down with our dainty finical Verse-wrights of an historical Poet Robert of Glocester One whom for his Antiquity I must not slight concerning this Book The K. W. vor to wite the worth of his londe Let enqueri streitliche thoru al Engelonde Hou moni plou lond and hou moni hiden also Were in everich sire and wat hii were wurth yereto And the rents of each toun and of the waters echone That wurth and of woods eke that there ne bileved none But that he wist wat hii were wurth of al Engelonde And wite al clene that wurth thereof ich understond And let it write clene inou and that scrit dude iwis In the Tresorie at Westminster there it yut is So that vre Kings suth when hii ransome toke And redy wat folc might give hii fond there in yor boke Considering how the English Language is every day more and more refined this is but a rude piece and looks scurvily enough But yet let us not be unmindful neither that even the fine trim artifices of our quaint Masters of Expression will themselves perhaps one day in future Ages that shall be more critical run the same risk of censure and undergo the like misfortune And that Multa renascentur quae nunc cecidere cadentque Quae nunc sunt in honore As Horace the Poet born at Venusium tells us That is Several words which now are fal'n full low Shall up again to place of Honour start And words that now in great esteem I trow Are held shall shortly with their honour part 2. The Normans called their Writings given under their hand Charters I speak this out of Ingulph and they ordered the confirmation of such Charters with an impression of Wax by every ones particular Seal under the Testimony and Subscription of three or four Witnesses standing by But Edward the Confessor had also his Seal though that too from Normandy For in his time as the same Writer saith Many of the English began to let slip and lay aside the English Fashions bringing in those of the Normans in their stead and in many things to follow the customs of the Franks all great persons to speak the French Tongue in their Courts looking upon it as a great piece of gentility to make their Charters and Writings alamode of France and to be ashamed of their own Country usages in these and other like cases Nay and if Leland an Eye-witness may be believed our great Prince Arthur had his Seal also which he saith he saw in the Church of Westminster with this very inscription PATRITIUS ARTHURIUS BRITANNIAE GALLIAE GERMANIAE DACIAE IMPERATOR That is The Right Noble ARTHUR Emperor of Britanny France Germany and Transylvania But that the Saxons had this from the Normans is a thing out of all question Their Grants or Letters

discretion fit for the service These persons going about and that they might believe their own eyes taking a view of the several Lands having made an estimate of the provisions which were paid out of them they reduced it into a sum of pence But for the total sum which arose out of all the Lands in one County they ordered that the Sheriff of that County should be bound to the Exchequer Adding this withal that he should pay it at the Scale Now the manner of paying the tryal of the weight and of the metal by Chymical operation the Melter or Coyner and the surveyor of the Mint are more largely handled and explained by my self in some other work of mine 13. That he might the more firmly retain Kent to himself that being accounted as it were the Key of England 't is the famous Mr. Camden tells the Story he set a Constable over Dover-Castle and made the same person Warden of the Cinque Ports according to the old usage of the Romans Those are Hastings Dover Hith Rumney and Sandwich to which are joyned Winchelsey and Rye as Principals and other little Towns as Members 14. To put the last hand to William I add out of the Archives this Law not to be accounted among the last or least of his William by the Grace of God King of the English to all Counts or Earls Viscounts or Sheriffs and to all French born and English men who have Lands in the Bishoprick of Remigius greeting This Remigius was the first who translated the Episcopal See from Dorchester to Lincoln Be it known unto you all and the rest of my Liege Subjects who abide in England that I by the common advice of my Arch-Bishops and the rest of the Bishops and Abbots and all the Princes of my Kingdom have thought fit to order the amendment of the Episcopal Laws which have been down to my time in the Kingdom of the Angles not well nor according to the Precepts of the holy Canons ordained or administred Wherefore I do command and by my Royal Authority strictly charge that no Bishop or Arch-deacon do henceforth hold Pleas in the Hundred concerning Episcopal Laws nor bring any cause which belongs to the Government of Souls i. e. to spiritual affairs to the judgment of secular men but that whosoever according to the Episcopal Laws shall for what cause or fault soever be summoned shall come to a place which the Bishop shall chuse and name for this purpose and there make answer concerning his cause and do right to God and his Bishop not according to the Hundred but according to the Canons and Episcopal Laws For in the time of the Saxon Empire there were wont to be present at those Country Meetings the Hundred Courts an Alderman and a Bishop the one for Spirituals the other for Temporals as appears by King Edgar's Laws CHAP. V. William Rufus succeeds Annats now paid to the King Why claimed by the Pope No one to go out of the Land without leave Hunting of Deer made Felony AFter the death of William his second Son WILLIAM sirnamed RVFVS succeeded in his room All Justice of Laws as Florentius of Worcester tells us was now husht in silence and Causes being put under a Vacation without hearing money alone bore sway among the great ones Ipsaque majestas auro corrupta jacebat that is And Majesty it self being brib'd with gold Lay as a prostitute expos'd to th' hold 15. The right or duty of First-Fruits or as they are commonly called the Annats which our Kings claimed from vacant Abbies and Bishopricks Polydor Virgil will have to have had its first original from Rufus Now the Popes of Rome laid claim to them anciently a sort of Tribute which upon what right it was grounded the Council of Basil will inform us and by what opinion and resolution of Divines and Lawyers confirmed Francis Duarenus in his Sacred Offices of the Church will instruct us 'T is certain that Chronologers make mention that at his death the Bishopricks of Canterbury Winchester and Salisbury and twelve Monasteries beside being without Prelates and Abbots paid in their Revenues to the Exchequer 16. He forbad by publick Edict or Proclamation sayes the same Author that any one should go out of England without his leave and Passport We read that he forbad Anselm the Arch-Bishop that he should not go to wait upon Pope Vrban but that he comprehended all Subjects whatsoever in this his Royal order I confess I have not met with any where in my reading but in Polydor. 17. He did so severely forbid hunting of Deer saith William of Malmesbury that it was Felony and a hanging matter to have taken a Stag or Buck. CHAP. VI. Henry the First why called Beauclerk His Letters of Repeal An Order for the Relief of Lands What a Hereot was Of the Marriage of the Kings Homagers Daughter c. Of an Orphans Marriage Of the Widows Dowry Of other Homagers the like Coynage-money remitted Of the disposal of Estates The Goods of those that dye Intestate now and long since in the Churches Jurisdiction as also the business of Wills Of Forfeitures Of Misdemeanors Of Forests Of the Fee de Hanberk King Edward's Law restored WIlliam who had by direful Fates been shewn to the World was followed by his Brother Henry who for his singular Learning which was to him instead of a Royal Name was called Beau-clerk He took care of the Common-wealth by amending and making good what had slipt far aside from the bounds of Justice and by softning with wholsome remedies those new unheard of and most grievous injuries which Ralph afterwards Bishop of Durham being Lord Chief Justice of the whole Kingdom plagued the people with He sends Letters of Repeal to the High Sheriffs to the intent that the Citizens and people might enjoy their liberty and free rights again See here a Copy of them as they are set down in Matthew Paris HENRY by the Grace of God King of England to Hugh of Bockland High Sheriff and to all his Liege people as well French as English in Herefordshire Greeting Know ye that I through the mercy of God and by the common advice of the Barons of the Kingdom of England have been crowned King And because the Kingdom was opprest with unjust exactions I out of regard to God and that love which I bear towards you all do make the holy Church of God free so that I will neither sell it nor will I put it to farm nor upon the death of Arch-Bishop or Bishop or Abbot will I take any thing of the domain of the Church or of the men thereof till a Successor enter upon it And all evil Customs wherewith the Kingdom of England was unjustly oppressed I do henceforward take away which evil usages I do here in part set down 18. If any one of my Barons Counts or others that hold of me shall dye his Heir shall not redeem his Land

the Rapines Thefts and Rogueries of the Courtiers ordering that those who were caught in such pranks should have their Eyes with their Stones pulled out This Malmesbury supplies us with But Florentius of Worcester and Roger Hoveden give the account that he punished Thieves with Death and Hanging otherwise than that pleasant and curious man Thomas Moor in his Vtopia would have his people to be dealt with Yet I am inclined rather to believe Malmesbury not only upon the authority of the man in comparison of whose Rose-beds if you well weigh the Learning of that Age the other pack of Writers are but sorry low shrubs but also upon the account of a nameless Monk who in his Book of the Miracles of S. Thomas of Canterbury tells us a story of one Eilward a poor mean fellow of Kingsweston in Berkshire who being in the Reign of King Henry the Second condemned of Theft he had it seems stoln a pair of Countrey Gloves and a Whetstone was punished by losing his Eyes and Privities who coming with devotion to S. Thomas his Tomb got an intire restitution of his disappearing Members and Faculties and was as good a man as ever he was Perchance in this he is no witness of infallible credit Let the story of Iphis and Ianthis and that of Ceneus try Masteries with this for the Wherstone to our purpose the Writer is trusty enough But in the first times of the Normans I perceive that the Halter was the ill consequence of Theft Let it be lawful for the Abbot of that Church if he chance to come in in the God speed to acquit an High-way-man or Thief from the Gallows They are the words of the Patent with which William the Conquerour to expiate the slaughter of Harald consecrated a Monastery to S. Martin near Hastings on the Sea-coast of Sussex and priviledged it with choice and singular rights 31. Against Cheats whom they commonly call Coyners 't is Malmesbury speaks again he shewed his particular diligence permitting no cheating fellow to escape scot-free without losing his Fist or Hand who had been understood to have put tricks upon silly people with the traffick of their falshood For all that he who hath tackt a supplement to Florentius of Worcester and William Gemeticensis give out that the Counterfeiters and Imbasers of Coin had over and above those parts cut off which Galen accounts to be the principal instruments for propagating of the kind To whom Hoveden agrees who writes in the Life of Henry the First That Coyners by the Kings order being taken had their right Hands and their Privy-members cut off Upon this account sure that he that was guilty of such a wicked crime should have no hope left him of posterity nor the Common-wealth be in any further fear of those who draw villainous principles from the loins of those that beget them Now at this very time and in former Ages too this piece of Treason was punished with Halter and Gallows and that also of Theft not only in England but almost in all Countreys especially Robbery upon the High-way which is committed by those who lay wait to surprize Passengers as they travel along upon one or other side of them whence not only in the Latin but in the holy Language also a High-way-man hath his name And truly among the Ancients guelding was lookt upon as a kind of death The Apostles Canons give him the character and censure of a Manslayer who cuts off his own Privities who lives all his life a Batchelor say the Talmudists and he who cuts off another mans is in danger of the Cornelian Law concerning Murderers and Cut-throats and so was it heretofore among the English 32. He ordered they are Hoveden's words that no half-penny which also he commanded should be made round or farthing also if it were intire should be refused 33. He corrected the Merchants false Eln so sayes the Monk of Malmesbury applying the measure of his Arm and proposing that to all people over England 34. He gave order to the Courtiers in whatsoever Cities or Villages he were how much they were to take of the Countrey people gratis and at what price to buy things punishing offendors herein either with a great Fine of money or with loss of life CHAP. VIII The Regality claimed by the Pope but within a while resumed by the King The Coverfeu dispensed with A Subsidy for marrying the Kings Daughter The Courtesie of England Concerning Shipwrack A Tax levied to raise and carry on a War 35. ANselm Arch-Bishop of Canterbury labours earnestly with the Pope and his party and at length obtains it with much ado that from that time forward you have it in Florilegus after other Writers never any one should be invested with a Pastoral Staff or a Ring into a Bishoprick or Abbacy by the King or any Lay-person whatsoever in England added out of Malmesbury retaining however the priviledge of Election and Regality There was a sharp bickering about this business betwixt the King and Anselm and so between the Popes Paschalis and Calixtus and Henry about that time Emperour Both of them at least pretendedly quit their right our King humouring the Scene according to the present occasion For after Anselm's death he did invest Rodulphus that came in his room by a Ring and a Pastoral Staff 36. He restored the Night-Torches or Lights which William the First had forbidden forasmuch as he now had less reason to apprehend any danger from them the Kingdom being in a better and firmer posture 37. To make up a portion for Mawd the Kings Daughter married to Henry the Emperour every Hide of Land paid a Tribute of Three Shillings Here Polydore makes his descant Afterward sayes he The rest of the Kings followed that course of raising Portions for the bestowal of their Daughters so tenacious hath posterity alway been of their own advantages It is scarce to be doubted that the right of raising money for the marrying of the Lords Daughters by way of Aid or Subsidy upon the Tenants or Dependants is of a more ancient original Neither would I fetch it from the mutual engagement of Romulus his Patrons and Clients or Landlords and Tenants or from Suetonius his Caligula rather from the old Customs of the Normans more ancient than King Henry where that threefold Tribute is explained by the name of Aid which the Patent granted by King John in favour of publick liberty mentions in these words I will impose no Escuage or Aid in our Realm but by the common advice of our Realm unless it be to ransom our Body and to make our first-born Son a Soldier or Knight and to marry our eldest Daughter once 38. Some ascribe that Law to Henry which Lawyers call the Courtesie of England whereby a man having had a Child by his Wife when she dyes enjoyes her Estate for his life 39. He made a Law that poor shipwrackt persons should have their Goods

to chapitle wore idraw And eni man made is appele yuf me dude him unlaw That to the Bishop from Ercedeken is appele sold make And from Bishop to Arcebissop and suth none other take And but the Ercebisops court to right him wold bring That he sold from him be cluthe biuore the King And from the K. non other mo so that attan end Plaining of holi chirch to the K. shold wend. And the K. amend solde the Ercebissops dede And be as in the Popes stude and S. Thomas it withsede VII The seuethe was that plaiding that of det were To yeld wel thoru truth i●light and nought i●old nere Althei thoru truth it were that ple sold be ibrought Biuore the K. and is bailies and to holy chirch nought VIII The eighth that in the lond citation none nere Thoru bull of the Pope of Rome and clene bileued were IX The nithe was that Peters pence that me gadereth manion The Pope nere nought on isend ac the K. echone X. The tethe was yuf eni Clarke as felon were itake And vor felon iproved and ne might it not forsake That me sold him verst disordein and suth thoru there law And thoru judgement of the land hong him other to draw Uor these and vor other mo the Godeman S. Thomas Fleu verst out of England and eke imartred was Uor he sei there nas hote o way other he must stiffe be Other holy chirch was isent that of right was so fre CHAP. XIV The Pope absolves Thoms a Becket from his Oath and damns the Laws of Clarendon The King resents it writes to his Sheriffs Orders a Scisure Penalties inflicted on Kindred He provides against an Interdict from Rome He summons the Bishops of London and Norwich An Account of Peter Pence TO the Laws of Clarendon which I spoke of the States of the Kingdom the Baronage and with them the Arch-Bishop of Canterbury took their Oaths in solemn manner calling upon God There were Embassadors sent to Pope Alexander the third that there might be that bottom also that he would further confirm and ratifie them But he was so far from doing that that he did not only pretend that they did too much derogate from the priviledge of the Clergy and wholly refuse to give his assent to them but also having absolved Thomas the Arch-Bishop at his own request from the obligation of that Oath he had bound himself with he condemned them as impious and such as made against the interest and honour of holy Church King Henry as soon as he heard of it took it as it was fit he should very much in dudgeon grievously and most deservedly storming at the insolence of the Roman Court and the Treachery of the Bishop of Canterbury Immediately Letters were dispatcht to the several Sheriffs of the respective Counties That if any Clerk or Layman in their Bayliwicks should appeal to the Court of Rome they should seise him and take him into firm custody till the King give order what his pleasure is And that they should seise into the Kings hand and for his use all the Revenues and Possessions of the Arch-Bishops Clerks and of all the Clerks that are with the Arch-Bishop they should put by way of safe pledge the Fathers Mothers and Sisters Nephews and Neeces and their Chattels till the King give order what his pleasure is I have told the Story out of Matthew Paris You see in this instance a penalty where there is no fault It affects or reaches to their Kindred both by Marriage and Blood a thing not unusual in the declension of the Roman Empire after Angust●●s his time But let misdemeanors hold or oblige those who are the Authors of them was the Order of Arcali●s and Honorius Emperors to the Lord Chief Justice E●t●chianus nor let the fear of punishment proceed further than the offence is found A very usual right among the English whereby bating the taking away the Civil Rights of Blood and Nobility none of the Posterity or Family of those who lose their honours do for the most hainous crimes of their Parents undergo any penalties But this was not all in those Letters I mentioned he added threats also 63. If any one shall be sound carrying Letters or a Mandate from the Pope or Thomas Arch-Bishop of Canterbury containing an interdiction of Christian Religion in England let him be seised and kept in hold and let Justice be done upon him without delay as a Traitor against the King and Kingdom This Roger of Hoveden stands by ready to witness 64. Let the Bishops of London and Norwich be summon'd that they may be before the Kings Justices to do right i. e. to answer to their charge and to make satisfaction that they have contrary to the Statutes of the Kingdom interdicted the Land of Earl Hugh and have inflicted a sentence of Excommunication upon him This was Hugh Bigod Earl of Norfolk 65. Let St. Peters pence be collected or gathered and kept safe Those Pence were a Tribute or Alms granted first by Ina King of the West-Saxons yearly at Lammas to be gathered from as many as had thirty pence as we read it in the Confessor's Laws of live-mony in their house These were duly at a set time paid in till the time of Henry the eighth when he set the Government free from the Papal Tyranny About which time Polydore Virgil was upon that account in England Treasurer or Receiver general I thought fit to set down an ancient brief account of these pence out of a Rescript of Pope Gregory to the Arch-Bishops of Canterbury and York in the time of King Edward the second Diocess li. s. d. Canterbury 07 18 00 London 16 10 00 Rochester 05 12 00 Norwich 21 10 00 Ely 05 00 00 Lincoln 42 00 00 Coventry 10 05 00 Chester 08 00 00 Winchester 17 06 08 Exceter 09 05 00 Worcester 10 05 00 Hereford 06 00 00 Bath 12 05 00 York 11 10 00 Salisbury 17 00 00 It amounts to three hundred Marks and a Noble that is two hundred Pounds sterling and six Shillings and eight Pence You are not to expect here the murder of Thomas a Becket and the story how King Henry was purged of the crime having been absolved upon hard terms Conveniunt cymbae vela minora me● My little Skiff bears not so great a Sail. CHAP. XV. A Parliament at Northampton Six Circuits ordered A List of the then Justices The Jury to be of twelve Knights Several sorts of Knights In what cases Honorary Knights to serve in Juries Those who come to Parliament by right of Peerage sit as Barons Those who come by Letters of Summons are styled Chevaliers NOt long after the King and the Barons meet at Northampton They treat concerning the Laws and the administration of Justice At length the Kingdom being divided into six Provinces or Circuits there are chosen from among the Lawyers some who in every of those Provinces