Earl John refuses to treat with the Norman Nobility about the Kings release Iohn soon after Christmass passed into Normandy where the Seneschal and other great men met him and desired he would go to Alencon to treat with them about the Kings affairs and the freeing him from Imprisonment [3] Ibid. n. 40 Unless they would accept him for their Lord which they refuse he told them if they would receive him as their Lord and Swear Fealty to him he would go with them and undertake their Defence against the King of France but otherwise not The Noblemen of Normandy refused his proposals hoping to see their King again From thence [4] Ibid. He does Homage to the King of France for Normandy c. the Earl went to the King of France and did Homage to him for Normandy and the other Dominions of his Brother beyond Sea and as it was reported for England and Swore he would take to Wife his Sister Alice and then quiet Claymed or Released to the King of France Gisors and whole Veuxin Norman And he gave him with his Sister That part of Flanders he had in his possession and Swore he would do his utmost to help him to Gain England and his Brothers other Dominion Then he [5] Ibid. n. 50. He returns into England and demands the Kingdom alledging the King was dead returned into England carrying many strangers with him and had the Castles of Windsor and Wallingford delivered to him from whence he came to London and demanded the Kingdom from the Archbâ—shop of Roven and the other Justices that is the Commissioners for the Government of England and the Fealties of the Military Tenants Vassals or Feudataries of the Kingdom Affirming his Brother the King was Dead Deinde ipse Comes venit Lundonias à Roâ—homagensi Archiepiscopo caeteris Justiciariis Angliae petiit sibi Regnum fidelitates hominum Regni affirmans Qâ—od Rex Angliae frater suus mortuus Erat. But they believed him not And when he saw he was [6] Ibidem b. lin 1. c. The Justiciaries reject him and secure all the Ports rejected by the Justiciaries and great men he swelled with fury Portifyed his places of Strength and Invaded his Brothers Lands in an Hostile manner The Justiciaries had so well secured the Ports as neither French or Flemmings that had promised him assistance dare attempt to Land in England They Besieged Windsor Castle [7] Ibid. n. 20. They raise an Army to oppose him The Archbishop of York Hugh Bardolfe one of the Kings Justiciaries and Sheriff of Yorkshire and William de Stutevill raise an Army in that Country and marched to Doncaster which they fortifyed [8] Ibid. n. 30. The Archbishop would have gone on and Besieged Tikehill a Castle belonging to Earl Iohn but the other two would not Consent to it because they were his men or Feudataries quia erant homines Comitis Iohanis After Easter the [9] Ibid. n. 10 Abbats of Boxley and Roberts-Bridge that had been sent by the Justiciaries to the King came Back and reported the Agreement made between him and the Emperor But the King not returning all men wondered at his stay in Germany and doubted what was become of him and whether he would return or not Whereupon the Aâ—chbishop of Roven and the other Justiciaries although they had forced Earl Iohn to a Complyance A truce made with Earl John and even taken the Castle of Windsor yet they made a Truce with him until the Feast of All Saints [1] Ibid. f. 413. a. lin 1. c. The Castles of Notingham and Tikehill remaining in his Custody as they were before and the Castles of Windsor Walingford and Pec were Delivered to the Queen Mother and were to be Redelivered to the Earl if the King returned not the mean While Soon after this [2] Ibid. n. 10. The King writes to his Subjects to send money for his Release Truce the King sent to the Archbishops all the Bishops Abbats Earls Barons Clercs and Free-tenants Francos tenentes or Tenents in Capite and desired all the Clergy and Laity would give him such an aid to redeem him as he might thank them for it The Emperor wrote to the same purpose and the Pope who Threatned the Kingdom with an Interdict unless the King were speedily freed from Prison and wrote to the King of France that he would anathematize his Kingdom unless he forbear to trouble the King of England while he was Prisoner [3] Ibid. n 30. The great instrument of reconciliation between the Emperor and King Richard was the Chancellor The price of his Redemption was 140000 marks Charissimus Cancellarius noster Willielmus Eliensis Episcopus as the King Stiles him in his Letter And the price of his Redemption was Seven score thousand Marks of Silver The Emperor and Kings [4] Ibid. b. n. 20. Append n. 76. A. D. 1193. Letters both bear Date the 19th of April at Hagenou By Authority of the [5] Ibid. f. 413. b. n. 10. How and upon whom this Sum was levied and raised Kings letters the Queen Mother and the Justices determined That all Clercs and Laics should pay a fourth part of their Revenues that year for the Redemption of the King and that they should add so much of their Moveables or upon their Moveables for which the King should Con or Ken them thanks and upon every Knights Fee they charged 20 s. and ordered the Abby's and Houses of the Cistertians and the order of Semplingham should contribute all their Wooll that year and That all the Gold and Silver the Churches were possessed of should be brought forth and delivered for the same purpose Autoritate Literarum istarum these words follow immediately after the Date of the Kings Letters Mater Regis Justiciarii Angliae statuerunt quod universi tam Clerici quam Laici quâ—rtam partem redditus sui de hoc anno darent ad redemptionem Domini Regis tantum superadderent de Mobilibus suis unde rex debet eis gratias Scire de unoquoque feodo Militis viginti Solidos de Abbatiis ordinis Cistrensis de Domibus Ordinis Semplingham totam lanam suam de hoc Anno Vniversum Aurum Argentum Ecclesiarum sicut Rex in Mandato suo praeceperat [6] f. 413. a. n. 40. The Gold and Silver taken out of the Churches to be restored The Gold and Silver that belonged to the Churches the King only Borrowed and his Justiciaires and Barons made Oath he should fully restore it again About this [7] Ibid. b. n. 40. The Chancellor returns into England to manage the Kings business Matter the Chancellor came into England and in great humility went to St. Albans where the Queen Mother the Archbishop of Roven and the other Justiciaires alii Justiciarii Domini Regis met him and there produced a [8] Ibid. n. 30. Golden
* Easter Day was this year on the tenth of April What the King of Scots Demands of King Richard were Easter at Winchester and on that day went to Chipston in the same County to meet William King of Scots who as they Journyed together toward Winchester Demanded of the King the Dignities and Honors his Predecessors had in England and also Demanded the Counties of Northumberland Cumberland Westmerland and Lancaster to be restored to him as the right of his Predecessors The King [9] Ibid. n. 30. King Richards Answer answered him he would satisfie him by advice of his Earls and Barons They staid at Northampton on the tenth and eleventh of April where the King having deliberated and advised with his Bishops Earls and Barons Rex habito cum Episcopis Comitibus Baronibus suis cum Deliberatione Consilio Respondet c. gave him this Answer That as to his Demand of Northumberland he ought not then to have made it when all the Princes of France were become his Enemies for if he granted it it would seem he did it out of fear and not out of Affection Yet the King [1] Ibid. n. 40.50 His Grant to the King of Scots then by his Chart granted to him and his Heirs for ever in the presence of the Queen Mother Hubert Archbishop of Canturbury Hugh Bishop of Durham Iocelin Bishop of Glasco and many other Clercs and Laics of both Kingdoms That when ever they were summoned to the King of Englands Court The Bishop of Durham and Sherif of Northumberland should receive him at the River Twede and bring him to the River Tese and there the Archbishop of York and Sherif of Yorkshire should receive and conduct him to the Borders of that County and so the Bishops of the Diocess and Sherifs should Conduct him from County to County until he came to the Kings Court And from the Time he Entred England he was to receive every day of the Kings Purse an hundred Shillings de Liberatione of allowance or Livery and after he came to the King and so long as he staid there he was to have every day de Liberatione of Allowance thirty Shillings and twelve of the Kings fine Loaves or Cakes duodecim Wastellos Dominicos and twelve of the Kings Biscuits or Simnel Loaves made of fine Wheat flower and twice baked duodecim Simenellos Dominicos and four Gallons of the Kings Wine and eight Gallons of Ordinary Wine and two pounds of Pepper and two pounds of Cumin and two Cakes of Wax weighing each eight or twelve pounds duas petras de Cera and four wax Candels and fourty great long Candels of the Kings Candels quadraginta longos grossos Colpones de Candela Dominica Regis and fourscore Ordinary Candels and when he returned into his Country he was to be conducted by the Bishops and Sherifs to the River Twede and to be allowed an hundred shillings a day This Charter was [2] Ibid. f. 4â— a. n. 10. Delivered to William King of Scots at the Town of Northampton on the 12th of April 1194. being Easter Tuesday by the hands of William Bishop of Ely the Kings Chancellor * Ibid. n. 30. Godfrey Bishop of Winton disseised On the 15th the King came to Winchester and Disseised Godfrey the Bishop of the Castle and County of Winton and the two Maners he had bought of him before his Expedition to Ierusalem and the greatest part of his Patrimony After the Coronation [3] Ibid. b. n. 20. on the 19th of this month Hugh Bâ—shop of Durham on his own Accord would have Delivered to the King the County of Northumberland with the Castles and other Appurtenances The King ordered him to deliver them to Hugh Bardolf The King of Scots offered 15000 Marks for them saying his Father and his Brother Malcolm held them of the Gift of King Henry the Second he might have had the County without the Castles for that money but refused it The Prisoners [4] Ibid. n. 30. The Prisoners taken in Earl Johns Castle were some imprisoned and others gave security that were taken in Earl Iohns Castles were brought to Winchester where the King caused the better sort of them to be Imprisoned That they might compound or be fined and the others gave security every one in an hundred marks for Appearance upon Summons in the Kings Court and standing to Judgment there On the 24th of April [5] Ibid. n. 40. An Agreement made between the Archbishop of York and the Chancellor the King made Peace and final Concord between the Archbishop of York and the Bishop of Ely his Chancellor concerning all Controversies had happened between them as well about the Archbishops Imprisonment at Dover as the Chancellors being forced out of England so as he when he was called to it by the Arch-Bishop should Swear with an hundred Priests his Compurgators cum centesima manu sacerdotum jurabit That he neither Commanded nor desired he should be imprisoned That day [6] Ibid. n. 50. f. 421. a. n. 10. The King and his Mother pass over to France He raises the Siege of Vernuil and repairs its breaches he and his Mother went to Portsmouth to pass beyond Sea but Shipped not themselves until the 12th of May and with an hundred great Ships laden with Warriâ—rs Horses and Arms and landed at Barbfleet The King of France had besieged Verneuil Eighteen days and when he heard of his Arrival fled the King of England came thither and repaired and strengthned the Breaches and weak places Earl Iohn [7] Ibid. n. 20. He and Earl John are made friends by the Mediation of his Mother came to his Brother and they were made friends but the King would neither restore him to Castle or Lands Commissioners [8] Ibid. b. n. 10 20. The two Kings ravage and burn each others Country on both sides were appointed and met but could not agree about a Truce So as afterward the two Kings destroyed one anothers Countrys with Rapin and Burning more then before The King of France came to Eureux and totally destroyed and pulled down that City with the Churches not sparing Age or Sex and carrying away the Reliques of the Saints And this he did because the Citizens had left him and returned to the Faith and Service of their Lord the King of England From thence he marched with his Army to Freteval and the King of England that he might be near him and attend his Motions came to Vâ—ndosme He had been there but one night when the King of France next morning sent him word that day he would visit him with his Army The King of England Joyful to hear the News told the Messenger he would expect him and if he did not That next morning he would visit him with his Army The King of France was not so good as his word Therefore next morning early the King of England marched toward him he having notice of it fled
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
Saxon. Cisner [2.] In Praef. ad Crantium Cluverius [3.] In Ant. Germ. fol. 588. and others as not being much to our purpose to know it for it was usual with those People to change their Names almost as often as they did their Countries driving one another from their Seats the weakest either yeilding to or being removed by the Power of the strongest and sometimes when many small Nations put themselves under the Patronage and Protection of greater and became their Clients they became also one Body of People and were afterwards better known by the Names of their Patrons then their own Tacitus Secundo Annalium cap. 44 45. where the Semnones and Longobardi are accounted Swevish Nations and de Moribus Germ. c. 38 39. where though the Semnones are said to have inhabited an 100 Pagi or smaller Territories yet they were esteemed but the chief of the Swevians More to this purpose may be seen in Lazius de transmigratione Gentium Cluverius lib. 3. Ant. Germ. cap. 25 and 27. and in Learned Sheringham de Angl. Gent. orig cap. 3. n. 1. Though Tacitus who lived about the beginning of [4.] An. Dom. 100. Cluver ibid. fol. 3. Ferrar. Lexicon Trajan the Emperor names not the Saxons yet Ptolomaeus the Geographer within less then 40 years after who [5.] Geogra fol. 357. Edit Paris The Germans Illiterate flourished in the Reign of Hadrian and Antoninus Pius expresly mentions them their Seat and Country When Tacitus Wrote both German Men and Women were Illiterate [6.] Tacit. de Morib Germ. cap. 19. They were Govern'd by Customes Plus boni mâ—res ibi valenâ— quam alibi bonae leges Many Customs in the Saxon times the same with the German Customs Hanging and Drowning for great Crimes Dugd. Origin Literarum Secreta ignorabant and therefore 't is more than probable they had no Written Laws but lived and regulated themselves by their Customs which the same Author in this Chapter sayes were of more Authority with them then good Laws in other places Some they then had not much unlike some of our Customes and Laws in the Saxons time here in England and probably were but a continuation of their usages in Germany Treason and great offences Scelera flagitia to which our word Felony answers ibid. c. 12. were punish'd by Hanging the Offenders upon Trees or Drowning them The same Punishments we have mentioned in our Antient Charters and Laws Furca and Fossa Pit and Gallows Hanging and Drowning for Crimes that deserved either were [7.] Jurid cap. 31. Leg. Inae n 23. practised here in the Saxon and after in the Norman times and with the Scots more lately and perhaps at this day [8.] Tacit. ut supra Fines and Mulcts for small Offences Delicta or lesser offences they punished by Fining the Delinquent in a certain Number of Horses or Cattle [9.] Ibid. c. 5. which then was their Wealth for Gold and Silver they had none [1.] Ibid. c. 12. Part paid to the King part to the Injur'd Person or his Relations part of which Mulct belonged to the King where there was one or to the Nation where there was none and [2.] Ibid. part was paid to the Injured Person or his Relations This practice often occurs in our Saxon Laws again [3.] Ibid. c. 21. The same Punishments and Mulcts in our Saxon Times and Laws Murther punished by Pecuniary Mulcts Homicide and Murther were Paenal Punishments by a certain number of Beasts and Cattle and the whole Family received satisfaction Nothing more frequent in our Saxon Laws then Pecuniary Mulcts for Murther and a * LL. Inae n. 7â— Inheritance and Successâ— giving or division of it to some of and amongst the Murder'd Persons Relations Haeredes successoresque sui c. every Mans necessary heirs were his Children they had no testamentary heirs if there were no Children then the next of the Kindred Brothers Vncle by the Father and Vncle by the Mother succeeded This Succession and Inheritance seems not to have been of Lands but Goods unless it was in such a share and portion of Land which of right was annually set out to the Predecessor for they had no fixt Estates [4.] Ibid. c. 26. Their Propriety was only Annual Their Lands were used and manured of every one by turns according to the number of his Husband or Plowmen which they quickly divided amongst themselves according to their Dignity or Eminency The largeness of their Fields made the partition easie They every Year changed their Arable Lands and one Field lay fallow Caesar more clearly delivers this Custom of Land-shifting which originally was commune to most Nations speaking of the Germans [5.] Comment 6. p. 224 225. The Germans lived upon Milk Cheese and Flesh They lived together in Tribes or Kindreds He saith Agriculture they minded not further then to serve their own necessities and the greatest part of their Food was Milk Cheese and Flesh nor had any one any certain Land of his own conteined within certain Bounds and Limits but their Magistrates Princes or Chiefs appointed to their several Tribes Families or Kindreds who always lived together as much Land and in what place they thought good and the next Year force them out of it [6.] Tacit. de mor. Germ. c. 16. They had no Cities Their Houses poor Sheds or Cotes c. Cities the Germans had none they placed themselves where Rivers or Brooks Fields and Woods offered most conveniency per (a) Vicus à Via It being nothing else but two Rows of Houses with a Way between them and via à veha because their Carriages were brought out of the Fields and from other-where upon this Way and from vehilla villa Vicus now signifies a Town and was antiently a Collection or Conjunction of many Villa's or Farm-Houses in Rowes These Vici had sometimes Cross and Oblique Streets whence probably the Vici Majores which afterward became Burghs and places of note or Oppida Majora and Cities from vicus comes vicinus Nigh-burgh or as we Write it Neighbour Vicos as it were in Streets not according to the manner of the Romans with their Houses joyned together but severed one from another and compassed about with a space of Ground Their Houses were poor Sheds or Cotes and the [7.] Herodian in Maximin lib. 7. fol. 147. Steph. Ed. Materials of them Wood Branches of Trees Culm or Stuble [8.] Tacitus ut supra c. 11. They assembled on set days either in the Full or New of the Moon The Priests were Chair-men in their Assemblies and had a Coercive Right Their manner of Approbation or dislike in their Assemblies They Assembled upon set days either in the New or Full of the Moon unless some Fortuitous or sudden thing happened They sat Armed in these Assemblies and took their Places as it pleased the Multitude Silence was injoyned by the Priests who were Chair-Men here and
508 515. Personal Feudal Thanes or Tenents in (k) Grand Serjeanty or Grand Service is a Service that cannot be due to any Lord from his Tenent Grand Serjeanty what but to the King only because what is to be done he ought to do it in his own Person As to be General of the Kings Army to bear the Kings Banner his Sword his Spear or other Weapons And to bear the Office anciently of Marshal Constable or Champion to follow the Kings Banner or Standard within the four Seas to give notice of the Irruption of Enemies by sound of Trumpet Horn c. grand Serjeanty or Knights Service in chief These had large Possessions for their personal Services had honorary Dignity and were part of the greater Nobility of those times and were commonly named and mentioned in the Saxon [2.] Ibidem Annals and Story with Earls as also in Charters of the Saxon Kings The Saxon words Eorlas Degnas Eorlas Thegnas being by Florentius of Worcester Huntingdon Hoveden and our antient Historians translated Comites and Barones Earls and Barons and the Writers after the Normans coming either received Thegn translated by Baro or used so to translate it where they met it in the Saxon Story These [3.] Ibid. fol. 518 519. Feudal Thanes or such as held of the King in chief by Military-Service were of the same kind with them that were after the Normans Honorary or Parliamentary Barons and their Thainlands only were the Honorary Thainlands and such as were afterwards Parliamentary Baronies But to return to our Parallel from whence we have somewhat digressed Comes a general word for many Officers Comes was as general a word among the Roman Provincials and in the old German Laws for a Person of absolute Power a Governor or Ruler of a Province City Burgh or Castle or for an extraordinary or sometimes lower Judge as Ealderman was with the English Saxons and as Greve or Grave was amongst the Germans Hence Comes Pagorum Provinciarum Civitatis Limitum A Count of a Pagus or Country a Count of a Province a Count of a City a Count of the Borders or Marches against an Enemy Grave answers Comes To which do answer the German Gawe or Gograve Landgrave Burgrave Marchgrave and Gravia in Barbarous Latin for Comitatus in Saxon and German Graffscaft And as Comes often signified a Judge as he did preside in giving judgment so [4.] Witch-bild Saxon. Gryph c. 61. n. 10. Judges in the ancient Saxon-language were called * Besoldus derives Graven and perhaps truly from the German Crawen Cani or gray-haired as if a man should say Seniores ancient men or Senators And by Interpretation Discursus polit 4. c. 4. n. 3. Grave whence Nobiles praecipui Optimates Noble the Chief or best men The Romans were frequently first Patres Senatores Fathers and Senators then Comites or Counts This agrees with our Ealdormen or Seniores Oldermen which denoted here our chief Governors and Officers under the Saxon Kings Graven These Dignities of Dux and Comes Duke and Earl or Count were translated from the old Roman to the German Empire being found in the Constitutions of Emperors and other Writers before the Goths and Lombards over-ran those Countries nor is it probable the Roman Emperors did frame their Court according to the Model of Barbarous Nations Seld. Tit. Hon. p. 2. n. 22. Besold Discursus polit 4. c. 4. n. 1. They were first officiary afterwards had Feuds or Fees annexed to them during the pleasure of the Donors only About the time of the declining Empire they became Patrimonial and Hereditary Seld. ibid. n. 23. Besold ib. n. 12. Fees became first Hereditary in Germany Fees when first Hereditary in Germany about the time of Otho the Great Anno Dom. 970. that is descended to the Issue Male of him that was first invested with them And afterwards under Conraedus Salicus about 1030. to Grand-children c. Seld. ut supra And in France Dukedoms Earldoms or Counties and Baronies Earldoms and Baronies not Patrimonial in France â—efore Hugh Capet were of old Names of Office and Government only and not of Patrimonies and might be revoked at the pleasure of the Prince certainly they did not then belong to the Heirs of Dukes and Earls c. The first was Hugh * Capet was anointed July 30. 9â—7 and died 22. Nov. 996. or 998. Capet who to draw to him the affections of the Nobility by whose help he had without right obtained the Kingdom of France that made them perpetual and then afterwards other small Fees passed to their Heirs whilst they were Knights or Soldiers Hottom in Feud Disput col 845. A. B. Before the year of our Lord 900. in the Reign of King Alfred In K. Alfred's Reign Earldoms were not Hereditary in England Earldoms or Counties were here given and revoked at the Kings pleasure for he accusing his Earls and Governors of Provinces which they had received of his Gift of Ignorance threatned to displace them if they did not take care to be more learned and knowing in such matters as they had cognisance of they affrighted at his Menaces though some of them old and very ignorant yet rather than part with their Earldoms and Places of Power they earnestly apply themselves to Study that they might make themselves capable of understanding what was just and equal Asser de Gestis Alfredi fol. 21. n. 20 30. Their Possessions here in those times were sometimes whole Counties sometimes parcels of Counties sometimes a whole Kingdom as it was in the Heptarchy sometimes more sometimes less which much depended upon the King's pleasure Seld. Tit. Hon. p. 2. c. 5. n. 3. Besides these Possessions they had a third part of the Profits of the Shires and of the Mulcts and Forfeitures as every where may be seen in Doomesday in the time of Edward the Confessor The third part of the Profits c. due to the Earl For the third Penny of Forfeitures take one instance for many in the Customs of Chester Tit. Cestre-shire if any one brook the Peace that was granted by the Earl at the Kings command of the hundred Shillings which were forfeited for that the Earl had the third Penny â—o it was in Germany So was it in Germany the Earl had the third part of the Pleas Mulcts Punishments or Composition due to the Crown or Palace if he did his Office vigorously but if he were negligent he had nothing Ll. Longobard lib. 1. Tit. 2. c. 10. who desires to be further satisfied in the various acceptations of Dux Comes Aldermannus Grave c. may see Seldens Tit. Hon. p. 2. c. 1. Hottom in verb. Feud Spelm. Glossar verb. Aldermannus Lindinbrog Glossar Besold discurs polit 4. c. 4. Cassiodor formul lib. 6. Towards the end and in many other places Orders of men the same in Germany as in England Nor did we resemble
the Title of King of England both Kings gave him Dorchester in Oxfordshire for his Bishops Seat But King Cenwalch divided his Nation into two Parishes or Paroches and erected another Bishoprick at Winchester where he placed Wine as Bishop The Heptarchy A. D. 6â—6 Peada Prince of Mercia or Middle England his Father Penda yet living and remaining Pagan for the love he had for Alfrede the Christian Daughter of Oswi King of Northumberland whom he married The Meâ—cians converted Bede l. 3. c. 21. A. D. 656. became a Christian himself and propagated Christianity in his Dominions by the means and assistance of Finian a Bishop and of Cedda Adda Bettâ— and Diuma Partners The Controvâ—rsie about Eastâ—r Ibid. c. 25 26. A. D. â—64 The Question about the Observation of Easter and some other small Ecclesiastical Controversies much disturbed the Quiet of the Church and People at this time so as those of one party would scarce eat drink or communicate with the other the Scots followed the Quatodeciman way according to the Asian Tradition the English the Roman manner of observing Easter and some other small things Managed by Coleman and Wilfrid Oâ—wy joyns with Wilfrid the Controversie was managed by Coleman a Scotch-man Bishop of Holy-Island and Wilfrid an English-man and Abbat at a meeting of divers of both Judgments at the Monastery of Streneshalch now Whitby in Yorkshire where in the opinion of King Oswy of Northumberland Wilfrid prevailed whom he made Bishop of York Ibid. l. 4. c. 1. Deusdedit Archbishop of Canterbury being dead Ercombert King of Kent and Oswy King of the Northumbrians sent Wighard to Rome desiring he might be ordained Bishop of the English Church who dying at Rome Pope Vitalian ordained Theodore a Monk then at Rome Theodore Archbishop of Canterbury A. D. 668. Ibid. c. 2. a Grecian born and very learned man in those times Archbishop of Canterbury he founded a Library and School there had the Greek and Latin Tongues taught with other Arts and Sciences he brought this Church to the Roman Order and Discipline in all things and 't is thought he was the first that had the Title of Archbishop though others before him are so called in his fifth year he called a Council at Hartford A Council called by him at Hartford A. D. 6â—â— in noteing the Acts whereof he stiles himself only Bishop of Canterbury and the other Bishops his Fellow-partners and Brethren in which it was decreed that such things as had been canonically decreed by the trans-marine Fathers should be kept and observed here he then produced the Book of Canons and out of them chose ten heads of such matters as he thought most necessary to be received here they are of small moment and who will may see them in Spelman's Councils he ejected Wilfrid out of his Bishoprick of York Fol. 153. A. D. 680. Bede l. 4. c. 17. but he was restored again by a Council held by Pope * See more of this at the latter end of the first part of this History Agatho at Rome This year at the command of Ecfrid King of Northumberland Edilred King of Mercia Another Council called at Hatfield by the câ—mmand of four Kings Spâ—lm concil fol. 169. Aldwulf King of East-Angles and Lothar King of Kent he called a Council at Hatfield in which were received the Canons of five Councils viz. Nice Constantinople Ephesus Calcedon and the fifth at Constantinople held against Theodore and Theodoret and those Constitutions made at Rome by the Synod held under Pope Martin Ibid. fol. 172. Anno Domini 648. which Agatho this year sent into England Bede l. 4. c. 18. This year likewise John chief Chantor of St. Peter at Rome brought over hither the yearly order and course of singings and readings as it was practised there Wilfrid was not idle although thrust out of his Bishoprick The Heptarchy A. D 692. for then by his preaching he converted the South-Saxons whose King Aedilwalch had been before baptized in Mercia Ibid l. â— c. 13. The South-Saxons converted Isle of Wight converted Bede l. 4. c. 2. Theodoâ—e erects Bishopricks in several places Dr. Marshams Preface to the first Volumn of the Monasticon After the same manner and by the same Wilfrid was the Isle of Wight converted and by others the other parts of Britain subject to the Saxons or English Theodore was the first Archbishop to whom the whole English Church submitted who travelling about all the Island in the Saxons Possession appointed and consecrated Bishops and erected Bishopricks in fit places and distinguished them into Paroches or * Not into such limits as now make Paroches or Parishes but Bishopricks Parish and Bishoprick all one in elder times Bede l. 3. c. 7. Fol. 188. South-Saxons and Kent ruled by West-Saxon Laws which were commonly called Parishes in Elder times so King Cenwalch is said to have divided his Province into two Parishes when he made a new Bishoprick at Winchester that was taken out of the Diocess of Dorchester Parishes (r.) Lambard says Ina began to reign in the year 712. and quitted his Government in the year 727. but I rather follow Spelman in his Councils who thinks his Laws might be published about the year as in the Margin here is noted to the Laws of the West-Saxons were subject the South-Saxons and the People of Kent Ina King of the West-Saxons about this time published his Laws which were made by the perswasion of his Father Cenred his Bishops Hedda and (Å¿) 'T is probable Ina at that time might be the most powerful of all the Saxon Kings and have the Title of King of England and so Erkenwald who was Bishop of London might be called his Bishop or London then be under his Power Erkenwald and of his Earls or Elders and wise men Ina his Laws A. D. 692. among which were many that were meerly Ecclesiastick as the first That the Ministers of God observe their appointed form of living Lamb. Ll. Inae Laws meerly Ecclesiastick made by King Ina. the second about Baptism the third about working on the Lord's-day the fourth about first Fruits paid to the Church c. Not long after there was (t) It was called a great Council perhaps from the number of all sorts of People that were there not from the number of Divines or Religious which subscribed they being but fifteen Persons Archbishop of Canterbury called Archbishop of Britain at England and five of them Women a great Council held at Becanceld a place in Kent Withred the King thereof presiding in it A. D. 694. Becanceld Council where King Withred presided Spelm. Conc. fol. 191. where were also congregated Bertwald Archbishop of (u) The Archbishop of Canterbury in these antient times is sometimes called Archbishop of Britain sometimes of England Britain Toby Bishop of Rochester and all the Abbats Abbesses Priests Deacons (x) The Latin
put their Judgments in Execution The Subjusticiers were Officers established under the Justiciers to do Execution such were Viscounts Serjeants of the Sword Bum-Bayliffs Bedells or under-Serjeants c. C. 5. with the Coment A Vicount in Normandy was an under Officer of the Law a Pedanens judge and was the very same with a Provost or a Viginer or Vicar who heard small and Ordinary Cases Pasqu Recherch fol. 860. D. Serjeants of the Sword The Office of the Vicount was to hold Pleas of antient Paths Ways Bounds Watercourses c. and to walk the Parish with twelve men of the same and by their Oath or the Oath of the greater part of them to inquire whose Lands lay next the Ways c. and cause them to be amended by those which held the Land accordingly he was to inquire by the Oath of twelve lawful men of Malefactors as Murderers Thieves Traytors Ravishers and other Criminals to keep them in Prison till they were delivered by the Law of the Country These had also under them Serjeants of the Sword who held the Views and made the Summons to them and executed the Precepts of the Assizes and what was judged there and to keep and deliver according to Law Distresses taken The Bedells were the less Serjeants which ought to take the Distress and to do Offices less honourable and to make the lesser Summons and these were in every good Town C. 6. Default Trespassment des Termes sont Appellez defaultes that is such as came not at the time appointed nor appeared in Court according to Summons or when they ought or performed not what they were then to perform were in Default Fealty No man in Normandy could receive Fealty from another without saving his Fealty to the Duke which is to be expressed in doing Homage And therefore the Duke hath the whole Justicement of the body of a man for or by reason of the Fealty that all men owe him If a Lord doth wrong to his man by reason of his Fee the Court then appertains to the Duke if there be no Mesne or Middle-Lord between the Duke and him which by reason of his Fee may have the Court. About Distresses taking Goods and impounding Cattle much used C. 7. as in use with us Of the times when many Lands are to be several or commune C. 8. the Vsage much the same as in England Judges were Sage Persons and Authentick C. 9. So it was in England Who anciently Judges in Normandy Bishops Abbats Priors Canons c. which gave Judgment in Court as Archbishops Bishops Canons of Cathedral Churches and other dignified Persons in Churches Abbats Priors Conventual and Governours of Churches famous for their Discretion and Honesty Bayliffs Knights Serjeants principal and Seneschals of Barons Famous for Knowledge and Honesty every of these might remain in Judgment if the Cause were not their own or they were no ways Parties nor had given Judgment nor were Witnesses in it nor were suspected for Love Favor or Hatred Barons ought to be judged by their Peers and others by all such as cannot be removed from Judgment i. e. such as were not suspected as before Antiently there was in Normandy a greater Justice than all the beforementioned which was called the Seneschal of the Prince C. 10. Seneschal of Normandy He was like the Missi Regales or Dominici in the old Empire or Itinerant Justices anciently that went their Circuits once in two three four five or six years he corrected all inferior Justiciers as Bayliffs c. and removed them from their Offices if he saw it convenient he preserved the Land of the Prince and made to be preserved the Laws and Rights of Normandy to which purpose he travelled every three years through Normandy and visited all the particular Baylywicks and inquired of the Injuries and Excesses done by the Sub-justiciers and also held Pleas of the Sword c. and in all things that belonged to his Office he might cause them to be amended without Pleas or Assizes and in all places where he found any thing amiss he might do as he thought expedient Custom Law and Usage C. 11. Custom Law and Vsage understood and practised in the same manner as in England All such as were Residents in the Dutchy of Normandy C. 14. All the Residents in Normandy sware Fealty to the Duke ought to swear Fealty to the Duke and keep it and therefore in all things they ought to be Loyal towards him and were not to procure his damage nor to give Council or Aid to his manifest Enemies such as were found culpable of any of these things were called Traytors to their Prince and all their Possessions remained to him always The Women in Normandy without consent of their Husbands C 15. could make no Contract or Bargain Wrec belonged to the Duke of great and rich things there named C. 1â— Wrec and of ordinary things to the Lord of the Fee all the Controversies arising from it were to be determined in the Dukes Court. Treasure Trove i. e. found or digged any where C. 18. Treasure Trove belonged to the Duke Waifs belonged to the Lord of the Fee or sometime to the Duke C. 19. Waifs c. according to Custom C. 20. And Glanv lib. 7. c. 16. The Chattels of Vsurers that died belonged to the Duke so to our Antient Kings C. 21. Felonâ— Goods were the Dukes The Chattels of such as killed themselves Excommunicate and Desperate Persons such to whom Confession and the Sacramenâ— was denied were the Dukes C 22. Moveables and Chattels forfeited to the Duke All Moveables forfeited belong to the Duke Moveables were the Chattels of such as were condemned by Judgment that were hanged burnt their Eyes pulled out or their hands or Feet cut off or banished c. C. 24. Assize what Assize was an Assembly of Knights and Sage men with the Bayliff in a certain place and at a certain time which contained the space of forty days between one Assize and another by which Judgment and Justice was done of such things as were heard in Court in these Assizes the Juries sometimes were brought to a Non-scavoir Non-scire Ibidem Juries brought in Ignoramus or Ignoramus And when nothing of Certainty or Credit was deposed the Inquest being first examined the Return or Verdict was L'enquest scet rien Ibidem Lands c. forfeited as in England The Lands and Estates and Profits of condemned Persons for Felony were the Dukes for a year and a day afterwards they were the Lords of the Fee of whom he held immediately so in England C. 25. The eldest Son Succeeds the whole c. In Fuedal Succession the Eldest Son succeeds in the whole and so it descends to the next of the Blood and never ascends when there is any of the descending Line remaining In the Latin Version of the Customer of Normandy
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
was Lord also near Renâ—es Guader the Earldom of Northwic or the East-Angles To Hugh de Grentmesnel he gave the Town of Leicester and to many other Noble Persons he distributed many Cities and Towns Ralph Guader had Norff. or the East-Angles c. with great Power and Honours (f) He was Son of Guachelm de [1.] Ibidem 522. B. Hen. de Ferrariis who he was Ferrariis and though no Earl at the time of the Survey he had then 176 Lordships Maners or Farms besides Tutbury Castle [2.] Domesday-Book in several Counties whereof in Darbishire 114. To Hen. de Ferrariiis the Castle of Tutbury and to many Strangers and others of mean Quality Odo Earl of Kent he gave many and great Honours insomuch that they had here in England Clients and Dependants far richer and more powerful than their Fathers were in Normandy His Brother Odo by the Mothers side received from him the Earldom of Kent [8.] Ord. Vit. 522. D. was a Count Palatine and gave Laws as Viceroy or [9.] Ibidem second King and was Justiciary [1.] Justiciary of England of England the chief Man for Administring Justice under the King and after the death of William [2.] Malms 62. b. n. 53. Fitz-Osbern he was Vice-Dominus or Vidame of all England under the King Besides those in Kent [3.] Domesd in the several Counties Odo had 439 Lordships of the Gift of his Brother where he had 184 Lordships or Farms he also had in Essex 39 in Oxfordshire 32 in Hertfordshire 23 in Buckinghamshire 30 in Worcestershire two in Bedfordshire eight in Northamptonshire 12 in Nottinghamshire five in Norfolke 22 in Warwickshire six in Lincolnshire 76 in all 439. To [4.] Orderic 523. A. Geofry Bishop of Constance had 280 Lordships Geofry Bishop of Constance in Normandy who was often his Lieutenant-General after the Battle of Hastings he gave 280 Maners which he left to his Nephew Robert Molbray made Earl of Northumberland by William the Conqueror [5.] Hoveden 243. b. n. 47. after the death of Walcher Bishop of Duresm who had the Government of it Robert also Earl of Moreton in Normandy and by his Mother Brother to William had the Earldom of [6.] Malmsb 88. b. n. 46. Cornwall given him and in that 248 Maners [7.] Domesd in the several Counties Robert Earl of Moreton in Normandy and Cornwall in England half Brother to William had 793 Lordships of his Gift The Earl of Richmont in Sussex 54 and the Burrough of Pevensey in Devonshire 75 and a Church and House in Exceter in Yorkshire 196 in Wiltshire five in Dorsetshire 49 in Suffolke 10 in Hantshire one in Cambridgeshire five in Hertfordshire 13 in Buckinghamshire 29 in Gloucestershire one in Northamptonshire 99 in Nottinghamshire six in all 793. And now while I mention these Earls and their Possessions I shall be somewhat more large in the Account I give of these two following that in some measure the Power and Authority of the Earls in those days may appear And first I shall take notice of [8.] Vincent fol. 57. Alan Fergant Earl of Britane in France whose Grandmother Hawis was Great Aunt to William the Conqueror This [9.] Ord. vit fol. 544. C. Alan Married Constance Daughter to King William to [1.] Ex. Reg. Honor. de Richmond in Bibl. Cotton sub Effig Faustini B. 7. fol. 7â— whom in the third year of his Reign at the Siege of York he gave all the Lands of Earl Edwin in Yorkshire in these words [2.] Ibid. Cambden in Richmondshire The Conquerors Grant to the Earl of Brittain Ego Gulielmus cognomine Bastardus Rex Angliae do concedo tibi (g) He Married the Conquerors Daughter Constance but why he called him his Nephew I know not Nepoti meo Alanâ— comiti Brittaniae haeredibus tuis in perpetuum omnes villas terrâ—s quae nuper fuerunt Comitis Edwini in Eborascirâ cum feodis militum Ecclesiis aliis libertatibus consuetudinibus ita liberè honorisicè sicut idem Edwinus eadem tenuit data obsidione coram Civitate Eboraci That is I William Surnamed Bastard King of England give and grant to thee my Nephew Alan Earl of Brittain and thy Heirs for ever all those Towns or Villages and Lands which were lately Earl Edwins in Yorkshire with Knights Fees and Churches with other Liberties and Customs as freely and honourably as the same Edwin held them Dated in the Siege before York These Lands when given were [3.] Ibid. in Registro de Richmond Gildable that is paid a Rent Tax or Custom to the King but by his favour they were changed into a Liberty or (h) Honour was feodum Nobile beneficium Regale An Honour what it was The general practice of the Normans in building Castles for their own safety in these ancient times granted by the King for great Services done or to be done it was the same sometimes with the Parony or Earldom it self sometime it signified the Jurisdiction of them and other some the Capus Baronia the chief Seat Castle or place of Residence of the Earl or Baron and was never then attributed to small Baronies Honour which was the Northern part of Yorkshire now called Richmondshire Being possessed of these Lands he built a Castle [4.] Ibidem Richmont Castle built Why so called and (i) This was the general practice of the Normans to whom the Lands of the English were given especially of the great ones and of the Conqueror himself who was at vast Expences in building very many Castles Place of Strength by his Capital Mansion of Gillings for the defence and safety of his People and Tenents against the English and Danes then thrust out of their Estates and Inheritance and named it Richmont according to the French denomination which signifies Rich-Mount or Hill it being situated upon the highest and most pleasant part of all that Territory For the guard and security of this Castle It was Guarded by the Earls Tenents his chief Tenents had their several Places assigned them and had several Knights Fees given them for their Service thus set down in the Register or Book of Richmond in Cottons Library Placea Ranulphi fil Roberti in Castro Richmond ad Capellam Sancti Nicholai six Knights Fees The Establishment of the Guard of Richmont Castle Ibidem inter feoda Militaria He had six Knights Fees This and the rest I shall render in English as there mentioned The place of Ranulph Fitz-Robert in the Castle of Richmond by the Chappel of St. Nicholas The place of the Constable in the Keep Ibidem inter feoda milit he had six Knights Fees and an half The place of Brian Fitz-Alan in the great Hall of Scouland He had four Knights Fees and a sixth part He had three Knights Fees and a sixth part The place of Torphin Fitz-Robert of Manfield between
Conqueror Domesday or the Conquerors Survey how made and it may not be much out of the course of our History to take notice how it was made and in what method written It was made by (y Mr. Selden gives an Account in his Preface to * Fol. 15. Eadmer from an ancient Manuscript he thinks as old as the Survey it self of the names of the great Men that were Sworn in divers Hundreds in Cambridgeshire and the Isle of Ely which were most Normans The Jurors iâ— Cambridgeshirâ— and Isle of Ely at the making of the Survey and presented the Survey according to the form the King had directed And Comitatus dicit or testatur hundreda vel Wapentachium dicit vel testatur Again homines qui juraverunt the men that were Sworn in this or that County Hundred or Wapentach do witness say and aver so and so concerning divers matters in debate and controversie do often occur in the Survey it self The * [6.] Histor Ellen. penes Domini Gale p. 177. b. In Staplebou Hund. Nich de Chenet Willielmus de Chipenham homo Gaufridi Hugo de Herenluge Warinus de Saham Robertus Anglicus de Fordhom Hordmerus de Bethlingham Alanus de Burwell Alfricus de Sneillewelle Isti homines Juraverunt de isto hundredo In Cestertuna Hund. Juraverunt Roggerus de Cilderlaio Gifard de Draitona Gislebert de Histona Surmi de Cotenâ—am Brunningus de Cestertuna Almer de Coâ—enâ—am Ledmarus de Draitona Aermus de Gilderlaio omnes alii-Franci Argli de hoc Hundredo Juraverunt These two Instances are cited out of the ancient Manuscripts mentioned by Selden Jurors in every Hundred of the County are noted names of the Jurors in some Hundreds mentioned by Mr. Selden exceed not the number of eight or nine in others besides those named all that were fit for the purpose were Sworn Verdict or Presentment of Juries or certain Persons Sworn in every Hundred Wapentach or County before [9.] Ge vas Tilb. lib. 1. b 29. Commissioners who were most discreet Persons and commonly Normans sent from Court Those for [1.] Dugd. Bâ—ron fol. 257. Col. 2. Worcestershire and many other Counties were (z) He was a Monk [7.] Malms de Gest Pontif. f. 165. b. n. 20. in the Abby of Fischampe or Fecampe in Normandy and gave great Assistance unto William in his Expedition into England [8.] Eadmer fol 7. n 1â— for which he made a Bargain with him to be made a Bishop if he overcame Remigius Bishop of Lincoln Walter Giffard [2.] Orderic fol. 522. C. And other Counties Earl of Buckingham (a) He was Son [9.] Ord. Vit. fol. 5â—2 d. of Gualchelin de Ferrariis a Stranger and an Adventurer with the Conqueror and was possessed of 176 Lordships or Maners whereof in [1.] Domesd in com Darby Darbyshire 114 as before was noted Hen de Ferriers Earl of Darby and (b) This [2.] Monast Angl. vol. 2. fol 889. n. 50 60.4 ibid. 900. n. 20. Adam third Son of Hubert de Rie Adam who had given him great Possessions in Kent was third Son to Hubert de Rie a trusty Servant to William when Duke of Normandy and employed by him to Edward the Confessor in the business of declaring him his Successor to the Crown of England c. Eudo being his fourth Son Adam Brother unto Eudo Steward of the Houshold or Sewar to the King who enquired into and described as well the Possessions and Customs of the Conqueror as of his great Men Commissioners in Worcestershire [3.] The Books themselves How and of what things the Survey was made They noted what and how much Arable Land Pasture Meadow and Wood every Man had and what was the extent and value of them before the Conquest and at the present time The Survey was made by Counties Hundreds Towns or Maners Hides half Hides Virgates and Acres of Land Meadow Pasture and Wood. Also they noted what Mills and Fishings and in some Counties what and how many Freemen Sockmen Villans Bordars Servants young Cattle Sheep Hogs working Horses Skeps of Bees c. in every Town and Maner and who they belonged to Always in every County setting down [9.] The Books themselves the Kings name first and after him all his great Men in order that held of him in chief with numbers placed before them for the better finding them in the Book as may be * Append. n. 10. seen in the Catalogue of Tenents in chief or the Possessors of Lands at the time of the Survey there following All England except three Counties of Westmorland Cumberland and Northumberland That part of Lancashire between the River Mersey and Ribble was laid so and described in Cheshire the other part was described in Yorkshire was described and part of Wales and the Description or Survey written in two Books called the great and little (c) Domesday-Book why so called There was no receding from or avoiding what was written in this Book and therefore ob hoc as * P. 41. b. Domesday from the Saxon Dome Bordarii what they were Gervase of Tilbury says nos cundem librum judiciarium nominamus non quod in eo de prepositis aliquibus dubiis feratur sententia sed quod ab eo sicut ab ultimo die judicii non licet ulla ratione descedere Domesday-Book remaining in the Custody of the Vicechamberlains of his Majesties Exchequer The little Book contains only the Counties of Norfolk Suffolk and Essex this Survey was begun about the Fourteenth year of the Conqueror and finished [1.] Little Domesday fol. 450. in the Twentieth of his Reign Anno Domini 1086. To make the manner of the Entries in these Books more clear I shall give one or two Examples Easessa Terra Regis dimid hundred de Witham Witham tenuit Heraldus T. R. E. pro Maner pro 5 Hidis tunc 21 (d) What these Villanes were see in the letter f here following Villan modo 15 tunc 9 In the Appendix are two Catalogues of all the Ter-Tenents or as they may be called Proprietors names in this Survey one Alphabetical the other as they are found before the Description of every County (e) Bordarii from the French Bordier a Villan or Cottager and that from Borde a little House or Cottage in the Fields c. [7.] Custum Norm Gloss sup c. 28. Bordage was a Tenure where such a House or Cottage was given to any one to do any base Service for his Lord as to be an Executioner or Hangman or other base Service and he who had any thing given him after that manner could not sell give or engage it for that it was given him to hold after that form Bordar modo 10 Tunc 6 (f) Servi what they were Servi Servants or rather Slaves for Servus in Classick Authors never signifies otherwise were of [8.] Spelm. Gloss fol. 513. col 2. See more what
a great Fleet he left the Siege and almost all the Norman Nobility strove who should make their Addresses and Presents to the King and not only they but the French Britans Flemmings and many of the Neighbouring Provinces so soon as they heard he intended to remain at Owe or Eu in Normandy obsequiously flocked to him and having been favourably received and liberally presented by him they all extolled his Bounty and Magnificence beyond that of their own Princes At length the [6.] Ibid. fol. 693. B. C. The Duke and King reconciled two Brothers came together at Rouen where all former Complaints being laid aside they were reconciled to each other The Duke received mighty Gifts and Presents from the King to whom the Duke granted the County or Earldom of Ou Albamarle the Land of Gerard de Gournay and Ralph de Couches with all the Castles and Fortresses subject and belonging to them Henry not pleased with this Transaction raised great Complaints against both [7.] Ibidem 6â—9 A. Henry displeased with his Brothers got together a Body of Britans and Normans his Brothers and demanded some part of the large Possessions of his Father and having gathered together a Body of the Britans and Normans fortified Constance Auranches and some other Towns But [8.] Ibidem His Friends Revolt from him His Brothers besiege him in St. Michaels Mount Hugh Earl of Chester who was also Earl of Auranches and others the great Favourers of him weighing his Poverty and the great Riches and terrible Power of William deserted Henry and yielded their Places of Strength to the King and in the middle of Lens the two Brothers William and Robert besieged their Brother Henry in St. Michaels Mount which was yielded for want of Drink and Water Sr. Michaels Mount yielded on Condition That he and those with him might have liberty to go whether they pleased [9.] Ibid. B. Henry wanders from place to place After which Henry wandred for some years from place to place with one Knight a Priest or a Clerk and three Servants or Esquires While the King employed himself in Normandy there was in England a great [1.] Ibid. fol. 703. B. C. An. Do. 1093. Robert de Mowbray Earl of Northumberland Conspires against Rufus Conspiracy formed against him by Robert de Molbraio or Mowbray Earl of Northumberland and many other great Normans of which the King having notice raised an Army and marched against them [2.] Ibid. D. who understanding which way he was to pass laid an Ambush to intercept or kill him in a Wood which was discovered to him and the design prevented by Gilbert de Tonebridge one of the chief Conspirators and then his Troops passed on to [3.] Ibidem fol. 704. A. Bamborough Castle which they besieged and at length Robert fell into their hands [4.] Ibid. B. Mowbray taken Prisoner who was kept in Bonds almost thirty years Roger de Lacy had his Lands taken from him and given to his Brother Hugh who faithfully adhered to the King [5.] Ibid. C. The Earl of Chester gave 3000 l. to be restored to favour and many others Compound for their Crimes Hugh Earl of Chester was privately chidden by the King and gave 3000 l. to be restored to favour as likewise he received of many others great Sums of Money as Compositions for their Crimes [6.] Ibidem The Earl of Owe had his Eyes pulled out and his Testicles cut off and William Earl of Owe being openly Convicted had his Eyes pulled out and his Testicles cut off Many others the King spared out of Policy by the Advice of his Council This year Malcolm King of Scots on Bartholomew-day came to King William as they had before appointed for the Establishing a firm Friendship between them but William would neither see or speak with him and further would have constrained him to have done him right according to the Judgment only of his Barons in his own Court but he refused to do it unless in the Confines of both Kingdoms where the Kings of Scotland used to do right to the Kings of England according to the Judgment of the Chief Men of both Kingdoms Flor. Wigorn. f. 646. A. D. 1093. and not long after William Rufus surprized [7.] Buchâ—rer Scot. lib. 7. p. 214. Flor. Wigor f. 645. Malcolm King of Scots and his eldest Son slain the Castle of Alnewick in Northumberland which Malcolm King of Scots presently besieged where he and his eldest Son Edward were both slain and Donald his Brother was elected King by the Scots or rather as [8.] P. 215. An. Do. 1093. Donald usurped the Crown of Scotland Buchanan relates it he usurped the Crown by the assistance of Magnus King of Norwey to whom he promised all the Islands This news so soon as it reached Duncan Son or [9.] Ibidem Bastard of Malcolme as Buchanan calls him being then in King Williams Army [1.] Florent Wigor f. 646. Duncan by the Assistance of Rufus obtained Scotland begged and obtained his Fathers Kingdom of him and sware Fealty to him for it and with a Multitude of English and Normans marched speedily into Scotland expelled Donald and Reigned in his stead Next [2.] Ibidem Anno 1094. The Welsh invade England year the North-Welsh West-Welsh and South-Welsh laboured to shake off the Yoke of Servitude they burned and harassed the Towns in Cheshire Shropshire and Herefordshire and killed many English and Normans which caused William to return into England about the later end of December and presently Lead an Army against the Welsh where he lost many Men and Horses In the mean [3.] Order fol. 722. B. while the untamed and intractable Normans who not restrained by a rigid Governor were fit for any Mischief [4.] Ibid. D. Many great Normans desert Duke Robert many whereof corrupted by Gifts or drawn away by terror as Robert Earl of Owe Stephen of Albamarle Gerard de Gournay Ralph de Conchâ— Robert Earl of Mellent Walter Giffard Philip de Braiosa and Richard de Curcey and many others with all their People and Strong Holds adhered to King William because he was dreadful to them [5.] Ibidem fol. 723. A. He passed over his Dukedom to Rufus for 10000 Marks by which means Normandy was in great Confusion and became uneasie to Duke Robert who destitute of Friends by the Advice of some Religious Persons resolved to pass over his Dukedom to his Brother Rufus [6.] Ibid. Flor. Wigor fol. 648. Duke Robert goes to Hierusalem Anno Domini 1095 1096. who received it to keep for him for five years upon condition to lend him 10000 Marks while he finished his Expedition with others to Hierusalem This famous Expedition of the Christians against the Infidels was first [7.] Ord. fol. 723. A. B. Flor. Wig. 647. 10000 Marks raised with much difficulty set on foot by the Preaching of Peter the Hermite of Amiens and afterwards
Conqueror by his half Sister Maude Countess of Albemarle the eldest Maude being Married to Simon de St. Liz or Sylvanectensis with whom he had the County of Huntington c. and the third was Married to Robert the fifth Son of Richard de Tonebridge Ralph de Conchis the Son of Isabel and Ascelin Goell and Almaric de Monteforti joyned their Forces and wasted the Country but were not able to do much for him for Eustachius had with him William Alis Ralph Rufus and Tedbald and other his Barons which made a stout resistance by whose Advice against so many Enemies he craved the help of the King of England who Married his Natural Daughter Julian to him and gave him such Assistance as neither Goel nor all his other Enemies could withstand After this Match King Henry [4.] Ibid. 811. B. C. D. An. Do. 110â— employed Robert Earl of Mellent to compose the Differences in Normandy and sent to Duke Robert and other great Men to assist his Son in Law and resist his Enemies otherwise they should feel his displeasure Many that were his Enemies not willing to disoblige the King became Friends to Eustace yet Raynald and Goel persisted and by a nefarious rashness committed Slaughters and Burnings but Eustace prevailed gained the possession of his Fathers Honour and Raynald was beaten out of the Country Then Robert Earl of Mellent soon reconciled all other litigating Parties and made perfect Peace between them In the mean time [6.] Ibidem The Duke makes Peace with Robert de Belismo without Advice of his Brother the Duke seeing the desolation of his Country and not able to defend it against Robert de Belism without Advice of his Brother contrary to Agreement made Peace with him and granted him his Fathers Honours and Estates the Bishoprick of Seez and others beforementioned [7.] Ibid. fol. 812. A. The Bishop and Abbat of Seez Curse Robert de Belismo and flee into England The Bishop of Seez Serlo and Ralph Abbat of the same not willing to live under the Power and Tyranny of this Robert after having Anathematized him departed from that place and fled into England to King Henry who received them very kindly Not long after many Honourable [8.] Ibidem 813. D. The Normans Petition King Henry to take their Country into Protection He passeth into Normandy Persons of the Normans as well of the Clergy as Laity reflecting upon the Miseries of the Church of God and their Country Petitioned Henry to come over and take it into his Protection and to Correct the Prophane Spoilers with the Rod of Justice Accordingly he passes into Normandy with a great Fleet and visits Danfront and other Towns subject to him [9.] Ibidem fol. 814 A. The English Normans adhere to the King against the Natural Normans The King rebukes his Brother and was very Honourably received by his own great Men and plentifully presented after the Royal Custom For Robert Earl of Mellent Richard Earl of Chester Stephen Earl of Albamarle Henry Earl of Ou Rotro Earl of Mortaigne in Perch Eustace Earl of Breteul Ralph Earl of Conches Robert Fitz-Haymon Robert de Monteforti Ralph de Mortemer and many others which held of him great Estates in England and now being in Normandy did all adhere to him with their great Men and were ready to fight for him against the Natural Normans Few days after he sent to his Brother for a Conference in which he rebuked him for breaking the [1.] Ibidem B. C. The Duke desired his Friendship which he obtained and the King returned into England Accord made between them in England for making Peace with Robert de Belism a Traytor to them both and restoring him to his Fathers Lands and Dominions and for many other things The Duke fearing his Brothers Power desired his Friendship and they being reconciled the King before Winter returned into England No sooner was [2.] Ibidem C. D. In King Henry's absence Robert de Belismo seized the Lands killed the Tenents and burnt the Houses of such as favoured him The Normans apply themselves to the King of England he gone but Robert de Belism with his Nephew William Earl of Mortain in Normandy and as many Nobles as he could seduce broke out into War again and fell upon such as favoured the King seized their Lands killed their Men or Tenents and burnt their Houses The Plowmen and ordinary People fled into France with their Wives and Children and suffered great Miseries during their abode there In the midst of these Miseries they apply themselves again to the King of England who in the last Week of Lent [3.] Ibidem fol. 815. A. landed again at Barbaflot in Normandy and on Easter-day was at Carenton seated on the River Vire where Serlo the Bishop of Seez came to him and offered his Service who going with the King into the Church at Carenton to Celebrate the Solemnity of Easter they found it almost filled with Chests and Houshold-Stuff of the Country People which was brought thither as to a place of safety [4.] Ibidem B. C. Upon which Spectacle the Bishop in an Harangue to the King laid open the Miseries of that Country and shewed him what the People were forced to do to secure themselves from Robbers Plunderers and Spoilers The Bishop of Seez exhorts King Henry to Conquer Normandy Telling him also it was for want of a good courageous Prince and Governor that these things happened and then exhorted him by the Sword of Justice to Conquer and defend the Dukedom [5.] Ibid. D. He resolves to procure Quiet to the Church Many Noble Normans encourage him to it An. Do. 1104. The King encouraged by this Speech of the Bishop and what he heard from the Noblemen which were with him immediately resolved by their Assistance to procure the Peace and Quiet of the Church of God The Earl of Mellent with the consent of the great Men present advised and urged him to put in execution what he had resolved But before they made any progress in this Affair the Bishop had a small job of work to do The Normans then wore very long Hair and used much art in preserving and making it as was then thought Ornamental [6.] Ibid fol. 816. A. B. C. The Eloquent Prelat says the Historian continues his Preachment and inveighs mightily against that Vice admonishing and exhorting the King to shew a good Example to others and suffer his Hair to be cut off first He submitted to have it done Serlo Bishop of Seez cuts off the Kings Hair and the Bishop presently drew a Pair of Sissors out of his Sleeve and first Polled the King and then the Earl and many Noblemen with his own Hands and the People fearing the Kings Edict came from all parts and strove who should be first Polled or Clipt After the Solemnity of Easter King Henry [7.] Ibidem King Henry Chastiseth
the Twenty ninth year of his Reign this King [3.] Huntingd. f. 220. a. n. 10 20. The punishment of Priests permitted to the King He Compounds with them for the enjoyment of their Wives and Concubines Kiâ—g Henry's Taxations held a great Council on the First of August for the prohibiting of Priests to make use of their Wives or Concubines in which the Bishops and Clergy by the easiness of William Arch-Bishop of Canterbury granted to the King the Correction and Mulcts of the Priests for this Transgression He makes his advantage of it and upon Composition and a yearly payment permits them to enjoy their Wives and Concubines and by this means raised saith Huntingdon an infinite Sum of Money The extraordinary Taxations of this King are not particularly noted nor is it said how they were imposed In the Fourth year of his Reign [4.] Fol. 652. An. Do. 1104. Florence of Worcester says it was not easie to declare what misery England suffered by reason of the Kings Exactions In the Sixth year of his [5.] Eadm fol. 83. n. 30 40. Reign his Impositions were general and cruel according to Eadmers report and besides other rigorous Exactions from the Clergy he set a particular Sum upon every Parish Church and forced the Incumbent to pay it or according to the Historian to redeem the Church In the Eighth year of his Reign he had for the [6.] Hen. Hunt f. 217. b. n 10. Marriage of his Daughter Maude to the Emperor Henry the Fifth three Shillings of every Hide of Land in England which upon a just value at this day would be equal to 824850 l. In the Sixteenth year by reason of the Kings necessities England was oppressed with [7.] Ibidem f. 218. a. l. 6. Paris f. 67. lin 3. frequent and various Payments and Exactions I find no Scutage paid unless it were comprehended under Gelds and Exactions No doubt but it was often paid especially by such as did not accompany the King in his several Expeditions being summoned and sometimes also as an Aid at other times Besides his extraordinary Exactions if there be any credit to be given to the Laws attributed to this King or that are said to be in use in his time he had a constant annual Land Tax which is there called Danegeld of Twelve pence upon very (m) This Hidage or Danegeld was at first collected to hire Soldiers to repell the Danish Pirats upon their Landing Hidage or Danegeit what it was as it is said in the [1.] LL. Ed. C. 11. Laws attributed to Edward the Confessor But Florence of Worcester says more truly [2.] Flor. Wig. An. Do. 991. Ibid. in the same years that it was paid as a Composition and Tribute to the Danes that they might desist from their Rapines Burnings and killing of Men upon and near the Sea Coasts and for to have a firm Peace with them and that the first Payment made and Money given was 10000 l. in the year 991. In the year 994. they received 16000 l. Tribute in the year 1002. 24000 l. in the year 1007. 36000 l. in 1012. 48000 l. in 1014. 30000 l. in the year 1018. 72000 l. of all England and 10500 l. of London In this Kings Reign [3.] Lib. Nigr. in Scaccario Tit. 19. The price of Victuals in this Kings Reign Wheat to make Bread for One hundred Men one day was valued at one Shilling a Ram or Sheep at four Pence and the Allowance or Hay and Provender for twenty Horses one day at four Pence So that if we set things at twenty times the value now they were then that is that one Shilling or Groat then would buy as much as twenty Shillings or Groats will now and go as far in ordinary Expences which is no hard Account it follows that every 10000 l. then must be equal to 200000 l. In the time of the Heptarchy there were in England [4.] Cambd. Brit. f. 114. South of Humber 244400 Hides of Land bâ—sides what was in Wales and perhaps Cornwall and the five Counties beyond Humber Yorkshire Bishoprick of Durham Westmorland Cumberland Northumberland and part of Lancashire which at one Shilling per Hide amounts to 12220 l. which multiplied by twenty produceth 244400 l. and then allow the five Counties and part of Lancacashire to be the eighth part of the Nation Wales excluded there ought to be added 30550 l. more which makes the annual Tax of Hidage then at one Shilling per Hide equal to 274950 l. now Hide to be paid at certain Terms and a forfeiture set upon such as did not duely pay it Henry the First his Issue 1. HIS Lawful Issue by Maude of Scotland was only one Son named William who was drowned as aforesaid and died without Issue 2. One Daughter commonly called Maude the Empress because first Married to Hen. 5 th the Emperor Her second Husband was Geofry (n) Plantagenet or Plantagenist that is Planta genestae or Broom Plant Plantagenet the reason of the name because he wore in his Cap or Bonet a Sprig of Broom Plantagenet Earl of Anjou by whom she had Henry the Second King of England and two other Sons [3.] Chron. Norm 994. A. Geofry and [4.] Ibidem 999. C. William that died without Issue His Natural Children 1. RObert created Earl of Gloucester in the Ninth of Henry the First by [5.] Geneal Hist of the Kings of England fol. 45. Nesta Daughter of Rhees ap Tewdor Prince of South Wales 2. Richard begotten of the [6.] Ibidem fol. 30. Widow of one Anskil a Nobleman in Oxfordshire he was drown'd with Prince William his half Brother 3. Reynald created Earl of Cornwall in the Fifth of King Stephen was begotten of [7.] Fol. 50. Sibill Daughter of Sir Robert Corbet of Alcester in Gloucestershire 4. Robert by [8.] Fol. 30. Edith Daughter of a Northern Nobleman of England 5. Gilbert Ibid. f. 31. 6. William [9.] Ibidem de Tracey so named from a Town in Normandy who died soon after his Father 7. Henry by [1.] Ibidem Nesta aforesaid 8. Maude [2.] Ibidem f. 32. espoused to Rotro Earl of Perch who was Son to Arnulph de Hesding that had great Possessions in England 9. Another Maud [3.] Ibidem Married to Conan Earl of Britain 10. Julian [4.] Ibidem Married to Eustace de Pacie Bastard Son of William de Breteul eldest Son and Heir of William and elder Brother of Roger Earl of Hereford in England 11. Constance [5.] Ibidem f. 33. Wife of Roscelin Viscount of Beaumont so called from a Town in the County of Mayn 12. [6.] Ibidem Married to Matthew Son of Burchard of Montmorency from whom descended the ancient Family of that name 13. Elizabeth [7.] Ibidem by Elizabeth Sister of Waleran Earl of Mellent Married to Alexander King of Scots All these Base Children of this King are recounted in
them and carried the Kings Answer This great Lawyer in [1.] Ibidem n. 10.20 Alberic de Ver's Defence of the King and Accusation of the Bishops Defence of the King and against the Bishops urged That the Bishop of Salisbury had been very injurious to him That he very seldom came at Court also That his Men or Reteiners presuming upon his Power moved Sedition who as well at other times as lately at Oxford had done violence to the Men or Followers of the Nephew of Earl * Earl of Britanny and Richmond Alan and likewise to the Men of Hervey of Lyons who was of such Nobility and Spirit that though King Henry had often Requested him yet he would never vouchsafe to come into England The Affront he said reflected upon King Stephen for the love of whom he came over Further he accused the Bishop of Salisbury That he privately favoured the Kings Enemies which appeared to him in many Instances but most especially in that when Roger Mortemer with the Kings Troops which he commanded sled for fear of those belonging to Bristol he would not permit them to Quarter one Night in Malmsbury That it was general Discourse that he with his Nephews and Castles as soon as the Empress should arrive would declare for her He added That he was taken not as a Bishop but as the Kings Servant that had transacted the Kings Business and received Wages for so doing That the Castles were not taken from them but they freely rendred them to escape the Accusation and Danger of the Tumult they had raised in the Court That the small Sums of Money which were found in the Castles did lawfully belong to the King for that in the time of his Vncle King Henry his Predecessor the Bishop * He was then Treasurer and what ever he asked of King Stephen Lands Castles c. he denied him nothing had taken them from the Revenue of the Exchequer That he willingly parted with them and the Castles as a Composition for the Crimes he had committed And of this he told the Council the King wanted not Witnesses and therefore he advised the Composition between him and the Bishops might remain firm The Bishop of Lincoln was only accused of an old grudge he bare to Earl Alan and was therefore made the Author of the Tumultuous Actions and Violence committed by his Followers The Bishop of Salisbury [2.] Ibidem n. 30 40 50. The Bishop of Salisbury threatens to Appeal to Rome Replied he never was the Kings Servant nor had received his Wages and threatned that if he could not find Justice in that Council he would seek it in a greater Court. The Legat said it ought to be enquired whether all those things of which the Bishops were accused in that Council were true before they could be sentenced And therefore according to the practise in Secular Courts the King should revest them in their Possessions alioqui jure gentium * See Preface to the Norman Story f. 170. C. D. dissaisati non placitabunt otherwise remaining disseised by the Law of Nations they shall not Plead Much having been said on both sides at the Kings Request the Cause was adjourned unto the next day and to the next after that until the Arch-Bishop of Roven came who granted the Bishops should have Castles The Arch-Bishop of Roven defends the King and baffles the Bishops if they could prove by the Canons they ought of Right to have them And be it so saith he that they may have Right yet certainly the Times being suspicious all the great Men according to the usage of other Nations ought to permit their Places of Strength to the Kings pleasure who is to defend them all Alberic de Ver added Albrric de Ver rebukes them for their design of Appeal to the Pope That if they presumed to send any of the Bishops or other Persons out of England to appeal at Rome contrary to his Will and the Dignity of the Kingdom their Return would be very difficult By this they [3.] Ibid. f. 104. a. lin 2. The Bishops forbear to Censure the King according to the Canons and why The Legat and Arch-Bishop cast themselves at the Kings Feet to persuade him c. understood the King would not endure the Censure of the Canons and therefore the Bishops thought it was best to forbear Pronouncing it for two Reasons First That it would be a rash thing to Excommunicate a Prince without the knowledge of the Pope Secondly Because they saw some of the Military Men draw out and brandish their Blades and so they parted and this Council was dissolved on the first of September Yet the Legat and Arch-Bishop according to their Duty threw themselves at the Kings Feet in his Chamber beseeching him to be Merciful to the Church and his own Soul and to consult his Reputation so as he might not suffer a Breach to be made between the * Inter Regnum sacerdotium Secular and Ecclesiastick Governments On the Thirtieth of the same [4.] Ibidem n 10.20 30. A. D. 1139. Earl Robert and his Sister land at Arundel September Robert Earl of Gloucester with his Sister the Empress and only 140 Knights or Horsemen which the Historian says he had from very true Testimony landed at Arundel in Sussex where did at that time reside in the Castle Adeliza her Mother in Law who had received it and the [5.] M. Paris f 77. n. 40. County of Sussex in Dower from King Henry the First whose Widow she was but then Married to William de Albini The Earl left his Sister at Arundel Castle The Earl goes toward Bristol under the Protection of her Mother in Law who had often sent for her by special [6.] Malmsb. ut supra Messengers and with twelve Knights only or Men at Arms went towards Bristol The King came presently before Arundel and [7.] Hen. Hun. f 223. a. n. 40. besieged it Her Mother in Law whether it were because she came over with so small Force or whether it were for the not resorting of the great Men to her most of which [8.] Malmsb ut supra Adeliza the Empresses Mother in Law grows weary of her and she prevails with King Stephen to suffer her to go to Bristol either opposed or did not assist her except some few that kept the Faith they had sworn to her soon grew weary of her so that she desired and obtained leave of King Stephen under the Conduct of Henry Bishop of Winchester and Waleran Earl of Mellent to go to Bristol to her Brother who with some Troops met her at the place appointed by the King and conveyed her thither but soon after he sent her to Gloucester to remain under the Guard and Defence of * This Milo is sometimes called Milo de Gloucestria Comes Constabularius Regius Constabularius and so he was until he revolted from him Cont. of
Flor. Wigorn. f. 673. Several Towns and Castles revolt to the Empress Milo to whom he had in the life of King Henry committed the Custody of that Castle having done Homage and sworn Fealty to him for it When the arrival of the Empress in England was certainly known several Towns Castles and Men of Note revolted and did Homage to her as their Queen after her coming to Bristol [9.] Malmsb. f. 104. a. n. 40 50. Hen. Hunt f. 22â— a. n. 50 Chron. Norm f. 977. A. B. Shrewsbury Town and Castle taken some of the Defendents Hanged The Governor of Dover affrighted with that Example yields the Castle Geffry Talbot with the City of Hereford declared for her Paganell and the Town and Castle of Ludlowe and a great part of Wales William Moiun and Dunster Castle Ralph Luvell and Castle-Cary William Fitz-John and the Castle of Harpetre all in Somersetshire Robert the Son of Alured of Lincoln and Warham Castle and Town all submitted to her and William Fitz-Alan with the Town of Shrewsbury which he quitted when the King came against it and left a Deputy in it who made Oath to him to defend it In few days he took the Town and Castle and Hanged some of the Prisoners which had such effect upon Walchelm Maminot the Governor of Dover Castle which the Queen then besieged that so soon as he heard it he yielded it to her The King marched with his Army from place to place and Castle to Castle endeavouring to take them in but where he had no hopes of doing it he built an Anti-Castle or Fortress commonly before the Gate at a small distance either to keep them in and so starve them or to prevent their going out in great Parties into the Country and so in a great measure preserve that from Plundring While King Stephen was thus employed [1.] Hen Hun. ibid. b. n. 10 20 c. Chron. Norm ut supra David King of Scots invaded England on behalf of his Niece the Empress David King of Scots with a great Army invaded Northumberland and the North Parts By the Direction and Advice of Thurstan Arch-Bishop of York and Walter de Espec a powerful Baron of Northumberland A great Standard in form of a Dragon was fixed at Alverton now North-Alverton in Yorkshire to which the Forces and Voluntiers of those parts resorted which were raised by the Industry Diligence and great Pains of the two Persons last named with their Friends A great accession of Force they had from William Earl of Albamarle William Peuerel of Nottingham Roger de Molbraio or Moubray and Ilbert Lacy. These with Walter de Espec under the Earl of Albamarle were the great Commanders The English kept close to their Standard the Scots charged them furiously and were received and beaten back and then charged by the English with great Courage and Resolution His Army Routed whereupon they fled and the English obtained a compleat Victory killing 10 or 12000 upon the place This was the famous Battle of the Standard The famous Battle of the Standard largely described by Richard Prior of Hagustald and of which Ailred Abbat of Rievall hath written a particular Tract The War in England between Maud the Empress and King Stephen managed with great Rapâ—ne and Barbarity Hence forward during all of this Kings Reign in most of the Historians we read of nothing almost but Fire and Sword Blood and Slaughter Rapine Plunder and Captivity One full Instance whereof I will give you from an Eye-Witness the Continuer of the Chronicle of Florence of Worcester The [2.] Contin Fâ—or Wigorn. f 671 673. A. D. 1139. Worcester burnt and taken Clergy and Citizens of Worcester had often received King Stephen with great Joy and Kindness They were told that their Enemies from Gloucester would suddenly come and Burn Waste and Plunder their City They were much terrified at the Report and Consult what to do The Result was They should betake themselves to the Protection of Christ and his Blessed Mother commit themselves to the Tuition of St. Oswald and Wulstan sometimes Bishops of that City Those that were present might see all the Citizens Goods carried into the Cathedral There was scarce room in the Monastery for the Clergy All the Hangings and Ornaments of the Church and Altars were taken down and laid aside The Clergy sang within the Church the Mothers and Children cried and lamented without On the Seventh of November on which day began a great Frost the City of Gloucester came with a great Army of Horse and Foot By these words it appears the Monk was then present to take spoil and burn the City of Worcester Nos autem saith the Monk timentes Ornamentis Sanâ—uarii benignissimi Patroni nostri Oswald reliquias Albis induti tota sonante Classe c. But we fearing the Ornaments of the Sanctuary carried abroad in our Surplesses the Reliques of our most benigne Patron Oswald with humble Procession the whole Quire and Company singing aloud and walking with them in the Church-yard from one Gate to another to the terror of our Enemies who attacked a strong Fortress on the South side of the City The Rapine of the Soldiers and were beaten off from thence they go and assault the North side where they enter and fire it in many places and burn a good part of the City but the greater part stood They had a very great Prey of the Citizens Goods and of Oxen Sheep Cowes and young Cattle and Horses in the Country They took very many in the Lanes and Streets and coupled them together like Dogs and carried them away and had they or had they not wherewithall to pay the Price put upon them they were compelled to pay such Ransom as by Oath they had promised On the Thirtieth of [3.] Ibidem f 673. The Earl Worcesters revenge for the destruction of that City The Earl of Worcester who he was November (a) The Earl of Worcester was Waleran Earl of Mellent now Meulan seated upon the River Seyn in Normandy [5.] Dugd. Baron Tom. 1. f. 225. col 2. Hen. Hunt f. 226. a. n. 50. he was made so by King Stephen and William de Bello Campo or Beauchamp of Elmly Castle in that County turned out who was Hereditary Castellan at Worcester and Sheriff of the County by Emelin his Mother Daughter and Heir of Vrso de Abeâ—ot the Earl of Worcester came to the City and when he saw how it was burnt was much grieved and perceiving what injury he had received gathered together some Forces and went to Sudley in Gloucestershire to be revenged upon (b) He was Son to Harold who was Son [6.] Ibid. f. 21. col 2. f. 428. col 2. Flor. Wig. f. 629. Anno Dom. 1055. John Fitz-Harold who he was to Ralph Earl of Hereford in Edward the Confessors time which Harold is to be found in Domesday-Book in Gloucester and Warwick-Shires noted thus Heraldus filius
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
Genovef The Earls with a great Army and Humphry de Bohun with three hundred of the Kings choice Horse met him and with the Banner of St. Edmund displayed before them charged that part of the Army in which the Earl of Leicester was and in a moment his Army was defeated and he and his Wife taken as also Hugh de Castellis a Noble Frenchman In this Battle fell Ten thousand Flemmings and the rest were taken imprisoned and starved The Earl of Leicester and his Wife and Hugh de Castellis with the better sort of those that were taken were sent into France to King Henry the elder and were imprisoned at Falais with the Earl of Chester About the Feast of St. Martin or Eleventh of November [1.] Ben. Ab p. 53. b. Several Castles in Anjou surrendred to King Henry the elder Many Knights and Esquires or Servientes taken King Henry the Father with his Brabanters marched into Anjou and about eight days after Geofry de Haya came to him and delivered the Town and Castle of Hay The Castle also of Prulli and the Castle of Campenâ— which Robert de Ble held against him were rendred in which last Multi Milites Servientes capti fuerunt many Knights and their Servants or Men were taken as for example Haimeric de Ble Miles Hosmundus Everardus Gaufridus homines ejus his Men or such as held of him in Knights Service or had done Homage to him and so to the number of forty Knights and Servants as the Historians do number them About the [2.] Ibidem Feast of St. Andrew or later end of November he came before Vendome Vendome taken which Brachard de Lavardin having expelled the Earl his Father held against him and took it from whence old King Henry returned into Normandy At Christmass [3.] Ibidem p. 54. a. A Truce betwixt the Kings of England and France A Truce with the King of Scots and 300 Marks given for it following King Henry the Father was at Caen in Normandy where a Truce was made between him and the King of France from the Feast of St. Hillary or Thirteenth of January until the Close of or eight days after Easter At the same time likewise Hugh Bishop of Duresm made Truce with the King of Scots at Revedal for the same time and gave him for it 300 Marks of Silver to be levied upon the Lands of the Barons of Northumberland In the time of this Truce [4.] Hoved. f. 307. a. n. 50. b. lin 1. Two Fortresses erected one in the Isle of Axholm another at Durham Roger de Mowbray erects a Fortress at the Ferry in the Isle of Axholm and Hugh Bishop of Durham erected one at Alverton When [5.] Ibidem lin 1. The young King and Earl of Flanders design an Expedition into England the time of the Truce was eâ—pired after Easter An. Do. 1174. the young King Henry and Philip Earl of Flanders propounded to raise a great Army with design to come for England and how they were diverted from the Voyage see afterward The King of Scots also not long after the Close of Easter [6.] Ben. Ab. p. 54. a. The King of Scots enters Northumberland with an Army having first collected his 300 Marks of the Barons of Northumberland entred it with his Army and there with his Scots and * So the old Historians called the Inhabitants of Galway and sometimes only Wallenses Galualenses or Inhabitants of Galway made great Slaughters and Ravages incredible and beyond the inhumanity of the most Barbarous Nations as these Authors report them His Brother [7.] Ibidem The King of Scots besiegeth Carlisle Waltes Northumberland Takes several Castles in that and the Neighbouring Countries David he sent to Leicester to assist that Earls Forces against the King whilst he besieged Carlisle where Robert de Vaus was Governor When he had been a few days before it he invested the Castle with part of his Army and with the other part he marched through Northumberland and wasted the Lands of the King and his Barons and took by Arms the Castle of Lidel which was Nicholas Stutevills and the Castles of Burgh and Appleby which were the Kings but in the Custody of Robert de Stutevill and the Kings Castle of Werkworth which Robert Fitz-Richard kept and the Castle of Jerby which Odonel de Vnfranvil held and then returned to his Army before Carlisle and staid there so long as the Garison wanted Victuals when the Governor Articled with him That he would deliver the Town and Castle upon Michaelmass-day following unless by that time he had Relief from the King of England and for performance of this he secured the King of Scots by Oath and Hostages From hence he went with his Army and besieged [8.] Ibidem p. 54. b. The Yorkshire Army prepares to Relieve Carâ—isle Prudhou the Castle of Odonel de Vnfranvil but could not take it for the Yorkshire Army prepared to come upon him the Commanders whereof were Robert de Stutevill and his Son William William de Vesey Ranulph Glanvill Ranulph de Thilli Constable to the Arch-Bishop of York Bernard de Bailoll and Odonel de Vnfranvil The King of Scots riseth from before it The news whereof raised the King of Scots from that Castle from whence he fled and besieged Alnwic and sent from thence Earl Duncan the Earl of Anegus and Richard de Morvill with almost the whole Army to harass pillage and burn the Countries round about His Army barbarously burns and wastes the Northern Countries which Orders they executed with barbarous and more than inhumane Butcheries and Cruelties if we believe these Historians In the mean time the Commanders of the Yorkshire Army being informed of his Retreat from Prudhou and that he had [9.] Ibidem p. 55. a. He besiegeth Alnwic besieged Alnwic and sent most of his Army from him they make towards him with mighty speed and on a sudden came before Alnwic where they found him secure sporting with his Soldiers and fearing nothing for when he saw them afar off he thought they had been his own Army under Earl Duncan but when they set upon him And before it is surprized and taken and took him Prisoner his Soldiers fled With him they took Richard Cumin William Mortemer William de Insula or Lisle Henry Revel Ralph de Ver Jordan a Flemming Waldeuf Fitz-Baldwin de Bicre and Richard Malus Juuellus This was done on the Thirteenth day of July On the same day [1.] Ibidem Hugh Earl of Bar the Nephew of Hugh Bishop of Durham landed at Hertlepole with forty Knights from France The Bishop of Durham hearing the King of Scots was taken Prisoner sent back the Flemmings â—e had retained He puts the Knights or Horse into Alverton Caâ—le and 500 Flemmings for whom the Bishop had sent but when he heard the King of Scots was taken Prisoner he remanded the Flemmings giving them forty days
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
delivered them at a certain place in France without Charge And for the Love of God and Holy Thomas the Martyr he granted that whatsoever the Monks should buy for their own use in his Kingdom should be free from all Toll Custom and Exaction and of these things he made them a Chart which they received from his Chancellor [2.] Ibid. Col. 1140. n. 30. Hugh de Puteaco or Pudsey Son to Hugh Bishop of Durham The third [3.] Hoved. f. 338. a. n. 10 20. An. Do. 1179. His Son Philip recovers day after this Visit King Henry Conducted him back to Dover and from thence the next day which was the Twenty sixth of August he passed into France In the mean time his Son Philip by the Merits and Prayers of Blessed Thomas the Martyr recovered his former Health Out of exceeding Joy the King of France by publick Edict Commanded all the Princes or great Men of his Kingdom Ecclesiastick and Secular to meet again at Rhemes on the Feast of All-Saints to Crown his Son The Princes and great Men of France summoned by Edict to meet and Crown him at Rhemes on All-Saints-day and the Solemnity was then performed Henry the young King of England in right of the Dukedom of Normandy carrying before him from his Chamber to the Church a Golden Crown with which he was Crowned and Philip Earl of Flanders the Sword of the Kingdom and the other Dukes Earls and Barons took their places according to their several Offices but King Lewis could not be there for upon his return from England he made a Visit to St. Denis or Dionys and got Cold and fell into a Palsey by which he lost the use of the Right Side of his Body This young King of [4.] Ibidem b. lin 3. n. 10. The young King of France abuseth his Mother Uncles and Fathers Friends They apply themselves to the King of England An. Do. 1180. France taking advantage of his Fathers Sickness was in all things Directed by Philip Earl of Flanders by whose Advice he began to Tyrannize over the People and to despise and hate all that loved his Father or were his Friends and so pursued his Mother that he forced her out of his Dominions and used William Arch-Bishop of Rhemes Earl Theobald and Earl Stephen his Uncles very severely At whose Request Henry the young King went into England to his Father and informed him how Philip King of France used his Mother and Uncles by the instigation of the Earl of Flanders Upon this Information they both pass into Normandy before Easter where the Queen of France her Brothers Earl Theobald and Stephen and many others of the French Nobility came to them and gave to the King of England the Father their Oaths and Pledges that they would not recede from his Advice Upon which he raised a great Army intending to enter France He raiseth an Army and enters France to Revenge the Injuries the new King had done to his Mother and Uncles But before [5.] Ibidâ—m n. 30. Before Hostility Peace made by Conference any Hostility King Philip and old King Henry came to a Conference between Gisors and Trie in which one while with fair words another with sharp he so effectually prevailed upon him that contrary to the Counsel of the Earl of Flanders and Robert Clement he laid aside all the Contrivances against his Mother and Uncles and received them into favour appointing his Mother to receive Seven Pounds of Paris Money every day for her Diet and agreeing to allow her full Dower except the Castles and Munitions after his Fathers Death In this Conference King [6.] Ibidem n. 40. The Earl of Flanders doth Homage to the King of England For 1000 l. per annum he is to find him 500 Horse forty days Henry the elder out of great Caution received the Homage of the Earl of Flanders before the King of France and for that Homage granted he should receive yearly One thousand Marks at his Exchequer in London and in Recompence thereof he was to find the King of England every year in his Service when he was summoned 500 Knights or Horsemen for forty days In the same [7.] Ibidem n. 40 50. A Conference and Peace between the Kings of France and England year Lewis King of France died at Paris on the Eighteenth of September and soon after Philip and the King of England came to another Conference at the same place and made the same Peace and Agreement that had been made before between his Father and him except that Covenant of taking the Cross and going to the Holy Land and Confirmed it with their Oaths This year [8.] Ibidâ— f. 341. a. n. 20. New Money made in England King Henry the elder caused new Money to be made in England and severely Fined and otherwise punished the Moneyers or Coyners for abasing the Allay and corrupting the old Money In all his Dominions [9.] Ibidem f. 348. b. n. 10 20. An. Do. 1181. beyond the Seas the King after Christmass appointed what Arms every one should have ready for the defence of their Country he that was worth in Goods One hundred Pounds of Anjou Money was to have a Horse and full Military Arms Every Man that was worth Forty thirty or five and twenty Pounds of Anjou Money in Goods An Assise of Arms appointed by the King in all his Dominions beyond Sea was to have an Iron Cap a Gorget a Lance and Sword and all others to have a Wambais that is a Coat twilted with Wooll or Tow or such Matter an Iron Cap a Lance and a Sword or Bows and Arrows and he prohibited all Men to sell their Arms or pawn them and ordained they should go to the next Heir when they died And when the King of France and Earl of Flanders heard of it they caused their Men to be thus Armed While the King [1.] Ibid. f. 350. a. n. 20. of England was at Barslen in Normandy expecting his Passage into England there happened a great difference between the King of France and Earl of Flanders about the Earl of Clermont The King of England the elder makes Peace between the King of France and Earl of Flanders he was sent for to Gisors by the King of France and there in a Conference reconciled them and from thence went to Cherbourgh and set sail for England and arrived at Portsmouth the Twenty fifth of August and brought with him William King of Scots whom he had sent for into Normandy [2.] Ibidem â—in 4. to make a Peace and Reconciliation between him and the Bishops of St. Andrews and Aberdene who were forced out of Scotland by his harsh usage [3.] Ibidem n. 30. King Henry makes an Assise of Arms in England so 't is here said but doubtless it was done by a great Council and not only by himself Deinde Henricus Rex Angliae fecit hanc assisam
Christians until they returned from their Pilgrimage to the Holy Land The King of France destitute of his Friends desired a Conference with the King of England he consents and on the Morrow being the Sixth of October St. Faith's-day they met at Chasteaux The Terms propounded were [7.] Ibidem That the King of France should resign what he had taken since the Truce The Treaty for Peace renewed but without effect and that Earl Richard should resign what he had taken by War from the Earl of St. Giles and for Security the King of France demanded of the King of England the Castle of Passy which he would not grant and so they parted Enemies The King of France took the Castle of Palud as he went from thence and passed on to Castle-Radulf and brought the Plundering Brabanters from thence to Bourges promising them their Pay where he took away their Horses Arms and all their Goods and turned them off naked and without Arms. Earl [8.] Ibidem f. 368. a. lin 6. Richard offers to stand to a Tryal in the French Court. Richard offered to come into the Court of France and stand to the Law there for what had been done between him and the Earl of St. Giles that so he might make Peace between the two Kings which much displeased the King of England On the Nineteenth of October [9.] Ib. f. 370. a. n. 30. they had another Conference between Bon-Molins and Suleini where the King of France offered to render whatsoever he had taken by War upon Condition he would deliver his Sister Alice to Earl Richard his Son that he might make her his Wife and that he would permit him as his Heir to receive the Homages and Fealties of the Men of all his Dominions But King Henry being sensible of the ill Consequences of that and the Injuries and Mischiefs he had received for permitting it to his Son Henry and by exalting him he utterly refused to do it whereupon Richard was exceedingly displeased Richard swears Fealty to the King of France and without the knowledge or Consent of his Father did Homage to the King of France for all the Tenements or Lands of his Father in that Kingdom and sware Fealty to him against all Men and adhered to him and for his Homage and Fealty gave him Castle-Radulph and Issoudun with the whole Honour Yet the two Kings made a Truce [1.] Ibidem n. 30 40. A Truce agreed upon and Earl Richard Anathematized until the Feast of St. Hilary and Henry Bishop of Alba and a Cardinal whom the Pope had sent to reconcile the two Kings Anathematized Earl Richard as a Disturber of the Peace After the Feast of St. Hilary [2.] Ib. f. 37. b. n. 30. The King of France and Earl Richard wasted the King of England's Dominions when the time of Truce was expired the King of France Earl Richard and many other Earls and Barons that had left the King his Father and the Britans to whom the King of France and Earl Richard had given their Charts that they would not make a separate Peace with the King of England excluding them in a Hostile manner entred the Dominions of the King of England and wasted them every way John _____ Cardinal came from the [3.] Ibidem n. 40 50. An. Do. 1189. Pope to the two Kings to exhort them to Peace and he obtained of them to stand to the Judgment or Determination of himself the Arch-Bishops of Canterbury Rhemes Roven and Bourges and appointed them a day of meeting near Ferte-Bernard eight days after Whitsunday All to be Excommunicated that were Hinderers of the Peace except the two Kings and the Cardinal and four Arch-Bishops pronounced Sentence of Excommunication against all Men Clerks as well as others that should hinder the making of Peace excepting the Persons of the Kings themselves They all met at the time and place appointed and the Earls and Barons of both Kingdoms In this Conference the King of France demanded of the King of England that his Sister Alice might be given in Marriage to Richard Earl of Poictou and that the Homages and Fealties c. as in the last Treaty And further that John his Brother might receive the Cross and go to Jerusalem The King of England [4.] Ibidem f. 372. a. l. n. 2. The Treaty ends without success Answered That he would never consent to it and offered the King of France that if he would agree to it his Sister Alice should be given in Marriage to his Son John and that all things should be performed more fully than he desired but the King of France would not yield to this and so the Treaty ended without success The Cardinal [5.] Ibidem n. 10. The King of France values not the threats of an Interdict threatned the King of France that if he made not Peace with the King of England he would interdict his Dominions The King told him he valued iâ— not and said it belonged not to the Church of Rome to pronounce Sentence against the Kingdom of France when the King chastised his Men homines suos or Subjects for their Contumacy and Rebellion and the Injuries done to the Crown And added That the Cardinal had smelt or received some of the King of England's Sterlings The King [6.] Ibidem of France presently attempted * i. e. Firmitas Bernardi the Fortress of Bernard The King of France defeats the King of England's Army Ferte-Bernard and took it and Montfort and Beaumont and Mayen and Tours Ambais and Chaumont and all the Castles and Towns round the Country nothing stood before him Coming to the Relief of Mayen the King of England's Army was routed and he fled with 700 Horse many were slain in the pursuit The King with a few got into the Castle of Chinon [7.] Ibidem n. 20 30 40. And the King of France had now Conquered all Tourain and Main In the [8.] Ibidem n. 50. later end of June or beginning of July Philip Earl of Flanders William Arch-Bishop of Rhemes and Hugh Duke of Burgundy came to the King of England who was then at Saumur to make a Peace between him and the King of France [9.] Ibidem b. n. 10. The two Kings and Earl Richard with their Arch-Bishops Bishops Earls and Barons met at that time between Tours and Arasic where the King of England submitted himself wholly to the Will and Pleasure of the King of France King Henry does Homage to the King of France and then did Homage to him because in the beginning of the War he had defied him and denied his Dominion and the King of France had disowned and disclaimed his Homage These were the Terms of Peace [1.] Ibidem n. 20. The Articles of Peace between King Henry and the King of France Dictated by the King of France First â—That his Sister Alice which the King of England had in Custody
Forces he conducted the Earl to Wexford leaving the care of that Town unto one Tyrell or Purcell him the Waterfordians slew and all the English they could find in the Streets or in their Houses Man Woman and Child not sparing Age or Sex yet the City it self was preserved by such as were in Reginald's Tower who drove the Traytors out of the City and forced them to seek for Peace which they obtained upon hard Conditions Reymund marries Basilia At Wexford Reymund was married to Basilia and the Wedding night being over next day hearing Roderick King of Connaught had again destroyed Mâ—th and was marched into the Country near Dublin went with his Forces toward him but he stayed not his coming Reymund finding him retired repaired the Castles in Meth and brought things to such a pass as through fear of him the Nation for some short time remained in Peace But long it was not [7] Ibid. c. 8. Donald breaks his Oath made to King Henry e're Donald O Breen or Brin King of Limerick and Mounster departed from the Fealty he had sworn to the King of England Whereupon Reymund gathered together an hundred Knights or men at Arms and with twenty other Horse-men as his Guard three hundred Archers on Horseback and as many on Foot about the first of October attacqued Limerick and coming to the River Shanon that almost encompasseth the City which was deep and swift they could proceed no further David Welsh his Courage David Welsh so called from his Family not Country a couragious young Gentleman that despised Death in respect of Honor forced his Horse into the River and passed over it and from the place where he was cried out to the Army he had found a Foord yet none followed him but one Geofry Judas a common Soldier who was drowned Meiler seeing this envying the Courage and Honor that David Welsh had got in his passing over and safe return clapt Spurs to his Horse and went through the River notwithstanding the great danger he was to undergo from the Stones thrown at him from the Walls and the opposition he was to meet with at his going out of it on the other side yet he got safe upon Land and was presently encountred by the Enemy Reymund observing in what danger his Nephew was incouraged his Army and led them over with the loss only of two of his Guards and one common Soldier named Guido Reymund takes Limerick that were drowned He presently drove the Enemy into the City and with great slaughter of the Citizens took it by force wherein the Army found much rich Booty and Gold When Reymund [8] Ibid. c 10 had put the City into good order leaving there fifty Knights or men at Arms with 200 ordinary Horse and as many Archers he marched into Leinster leaving Miles of St. Davids Governor of it Hervey de Monte Marisco envying the Honor and Success of Reymund notwithstanding he was related to him by the Marriage of his Cousin German Nesta Hervey endeavors to undermine Reymund the Daughter of Maurice Fitz-Girald plied the King continually with secret and malitious Informations against him insinuating and asserting that he would not only subdue and usurp to himself and followers the Country of Limerick but also the whole Nation of Ireland The King moved with this Information and giving credit to Hervey sent [9] Ibid. c. 11 four Legats or Commissioners Robert Poer Osbert de Hereford William de Bendinges and Adam de Gernemie or rather Gernemâ—e whereof two were to come with Reymund being recalled into England and two were to stay with the Earl But it so happened that while Reymund was preparing for his passage into England Messengers came from the [1] Ibid. c. â—2 Garison in Limeric Donald besieges Limeric relating that Donald O Breen Prince of Tuomond with a great multitude had besieged or encompassed it and that in Winter time they had spent most of their Victuals and therefore desired sudden Relief The Earl was very earnest and sollicitous to relieve them and called upon and quickened the Army to that undertaking Reymund sent to relieve it but they all denied to march without Reymund The Earl advising with the Kings Commissioners at length as well by the earnest request and pressure of him as of them Reymund undertook the Service and marching towards Cashil with 80 Knights or men at Arms 200 ordinary Horse and 300 Archers besides the Irish he brought with him Murchard Prince of Kincel perhaps now Kynsale and Donald Prince of Ossory he heard that Donald of Tuomond had left the Siege of Limeric and was coming to meet him at the Pass of Cassil which was of it self very strong but by new fortifying it with Ditches cutting down of Trees placing them Artificially and making strong Hedges it was made as it were impassable The Army [2] Ibid. c 13. Meyler enters Limeric marched in three Divisions Meyler commanded the first who made such a furious onset at the Pass as he almost destroyed the Hedge and Barricado of Trees killing many of the Defendents and opened his way through it by the Sword on the Vigil or Eve of Easter and on Tuesday that week entred Limeric with his Victorious Army and repaired what had been ruined or destroyed by the Siege Not long after [3] Ibidem Conaught and Tuomond swear Fealty to King Henry Reymund had Conference with the Princes of Conaught and Tuomond on the same day but not in the same place after much discourse each Prince gave Hostages and swore inviolable Fidelity for the future to the King of England and his Substitutes No sooner [4] Ibidem Reymund helps Dermot against his Rebel Son was Reymund returned with his Hostages to Limeric but Dermot Mac-Carty sent and supplicated him for assistance against his eldest Son Cormach O Lechan who had almost driven him out of his Kingdom promising him and his Soldiers large rewards He takes advice about his request and then marches to Cork takes the Town subdues the Rebel Son and restores the Father and returned with much Booty and good satisfaction to Limeric Under pretence of Peace the Son caught his Father and imprisoned him the Father under the same pretence got his Son and chopt off his Head A. D. 1175. After this the Prince of Conaught sent his Submission and Conditions to the King of England [5] Hoved. f. 312. b. n. 10 20. King Henry holds a Council at Windsor by his three Commissioners Catholic Archbishop of Tuam Cantord Abbat of St. Brandan and Laurence his Chancelor On the sixth of October the King held a great Council at Windsor present there the King his Son the Archbishop of Canterbury and the Bishops of England and present also Laurence the Archbishop of Dublin and the Earls and Barons of England where they made this Concord and Agreement on behalf of Roderic of Conaught First The King of England [6] Append.
N. 38. Conditions and Articles between King Henry and Roderic granted to Roderic his Liegeman the Kingdom of Conaught so long as he should serve him faithfully that he should be a King under him ready at his Service as his * Sicut homo suuâ— Vassal or Man and that he may hold his Land as well and in Peace as he held it before the King of England entred Ireland paying unto him Tribute c. Second If any of his People were Rebels to the King of England and him and refused to pay Tribute by his hand and to perform other Rights to the King of England he should Justice or punish and remove them and if he could not Justice them the Constable of the King of England and his force should do it c. with several other things mentioned in the Concord it self In this Council King Henry [7] Hoved. f. 313. a. n. 10. Augustin made Bishop of Waterford by King Henry gave unto Mr. Augustin and Irishman the Bishoprick of Waterford then void and sent him over with Laurence Archbishop of Dublin to be consecrated by Donat Archbishop of Cassil In the next year [8] Ibid. f. 316 a. n. 20. A. D. 1176. Pope Alexander the Third sent Vivian Priest Cardinal Legat of the Apostolick See in Scotland and the circumjacent Isles and in Ireland and Norwey to hear and determine in Ecclesiastical Causes This year about the beginning of June died [9] Ib. b. lin 6. Earl Strongbowe dyes at Dublin Earl Strongbowe at Dublin of whose death Reymund then in Desmond [1] Girald Cambr. ut supr c. 14. had notice from his Lady Basilia which he indeavoured to keep private from the Irish and immediately upon the news he called a Council of his most knowing and trusty Friends to consider what was to be done in the present Constitution of Affairs and for that Reymund was suddenly to depart for England they resolved to remove the Garison out of Limeric and disperse it into the Maritim Towns and the strong places in Leinster to reinforce them and to leave the charge and defence of that City Reymund commits Limeric to O Brien to Donald O Brien or Breen of Tuomond Prince of Limeric as one of the King of England's Barons who gave new Hostages and made fresh Oaths for to defend the Town restore it to the King of England upon demand and to preserve the Peace But the English were no sooner over one end of the Bridge He breaks down the Bridge and fires the Town but Donald caused the other end to be broken down and the City to be fired in four places from hence the Army marched to Dublin The Irish Annals place the death of Earl Richard and the coming of Cardinal Vivian into Ireland in the year following A. D. 1177. The Kings [2] Ibid. c. 1â— Commissioners after the Earls death make hast into England and acquaint the King with the change of Affairs in Ireland who forthwith sends (a) This William was reckoned as one of the Houshold or Dapifer to King Henry the Second Hoved. f. 301. b. n. 40. and was Seneschal of Normandy Poictou or some other his Dominions in France he was Luxurious and Proud yet Covetous and scraped together much Wealth by indirect as well as fair courses He was harsh unkind and injurious to the Officers both Military and Civil which he found in Ireland He was negligent in his Government and therefore continued but a short time in it Girald Cambren l. 2. c. 16 17. William Fitz-Adelm * In Hiberniam procuratorem misit Procurator thither with ten Knights or Men at Arms of his private Guards or William Fitz-Adelm sent Procurator into Ireland Houshold to attend on him and joyned with him John de Curcy with whom he sent ten others of the same Quality Also Robert Fitz-Stephan and (b) * F. 293. b. n. 10 Hoveden calls him Miles de Coggeham Richardus Comes de Striguil magno congregato exercitu invasit Hiberniam maximam illius partem subjugavit sibi auxiliante eâ— Milone de Coggeham viro bellicoso facta concordia cum Rege Diviliniae filiam illius in uxorem duxit cum Regno Diviliniae that is Leinster Miles Cogan who for two years last past had served him nobly and bravely in his Wars of France and England with twenty to attend upon their Persons Reymund hearing they were landed marched to Wexford and received them with great respect and kindness and forthwith delivering up the Cities Garisons Forts and Hostages of all Ireland to William Fitz-Adelm as Senescal sent by the King John de Curcy [5] Ibid c. 16. f. 791. lin 1. John de Curcy holdly sets upon Vlster finding William Fitz-Adelm to act Covetously Timorously and Deceitfully as not being faithful to those under his command or formidable to the Enemy He took out of the Forces of Dublin which by the sloath of the General and for want of Pay and their usual refreshment by Plunder two and twenty Knights or men at Arms and 300 others And boldly sets upon the Kingdom or Province of Vlster not yet attempted by the English Arms. Cardinal [6] Hoved. f. 320. b. n. 10 20. He takes Doun Vivian beforementioned was with King Guthred in the Isle of Man at Christmass and after Epiphany or Twelf-day passed into Ireland and remained at Doun the chief Town then of Vlster while he was there about Candlemass [7] Ibid. Girald Cambren Hibern Expugn lib. 2. c. 16. f. 794. n. 20. A. D. 1177. John de Curcy came before that place and took it without trouble the Governor Dunleue or perhaps Donald not being provided for a defence fled The Cardinal mediated a Peace between the King and John but without effect Whereupon Roderic King of that Province and Dunleue raise an Army of 10000 Irish in few days and march toward Doun to besiege it John de Curcy thought it could no ways be for his advantage to be shut up in a Fortress he had built in a corner of the City and therefore drew out the few men he had not exceeding seven hundred and went toward them resolving to try the Fate of a Battle He obtains a Victory over Roderic and Dunleve They came to a sharp and cruel Engagement wherein he obtained the Victory with a mighty slaughter of his Enemies though not without great loss on his own side Roger Poer a stout young Gentleman was the second eminent Person in this Action Giraldus Cambrensis in the same Chapter tells us of four other Battles fought by John de Curcy in Vlster but just only mentions them and the places where they were fought Stanihurst also in his [8] P. 182. History of Ireland passeth them over as briefly but Dr. Hanmer in his [9] F. 148. I take this to be the Book of Houth so often cited by Camden and Dr. Hanmer Chronicle of that Nation from
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
Sware Fealty to him against all men saying their Fealty to King Richard his Brother And the Deposed Chancellor Swore he would Deliver up all the Castles of England and he presently delivered to him the Tower of London and Windsor Castle with some others The different Characters of this Chancellor The Character of this Chancellor is various according to the inclinations of men of that time [7] Ibid. f. 400. a. in his Epistle de Dejectione Willielmi Eliensis Hugh de Nunant Bishop of Coventry one of his prosecutors says he was of a proud haughty imperious temper profuse and extravagant beyond measure a consumer of the Kings Revenue and injurious to all sorts of men Peter of Blois then Arch-Deacon of Bath a man learned and famous [8] Ibid. f. 401 b. in his Epistle pro Willielmo Elien Episcopo Defends the Chancellor against the sharp pen of the Bishop of Coventry and begins his Epistle Thus Quondam Domino amico Hugoni Coventrensi Cestrensi dicto Episcopo Petrus Blesensis Bathoniensis Archidiaconus Dei Memoriam cum Timore Livor quo tendat Invidia quo feratur proditoriae factionis hodie patefecit immanitas Dilectus Deo hominibus Episcopus Eliensis vir sapiens amabilis generosus benignus Mitis in omnes liberalitates Effusus Juxta Divinae Gratiae Dispositionem suorum Exigentiam morum meritorum Reipublicae administrationem summam rerum fuerat assecutus c. in English thus To his Quondam Lord and friend Hugh called Bishop of Coventry and Chester Peter of Blois Arch-Deacon of Bathe The Memory of God with fear What Detraction and Envy may do The fury of a Trayterous faction hath at this time discovered The Bishop of Ely beloved of God and men a wise loving Generous Kind and Mild man abounding in all Instances of Liberality according to the Disposing of Divine Grace and his own due Qualifications and Merits obteined the Administration of the Government and the chiefest power in it c. And proceeds to reprove him for his virulent Language against him without Cause After Eight Days [9] Ibid. f. 402. a. n. 10. He is released from his imprisonment and goes into Normandy He complains to the Pope and King and offers to stand a Tryal Imprisonment Earl Iohn gave Order he should be released and go beyond Sea He went into Normandy where by Command of the Arch-Bishop of Roven he was reputed as an Excommunicated person and in all places where ever he came in that Arch-Bishopric all Divine Offices ceased during his abode there At length he sent to Pope Celestin and to the King of England letting them know how Earl Iohn and his Complices had thrown him out of the Kingdom complaining of the Injury and desiring restitution of what had been taken from him and offering to stand to the Law or Tryal And that if what he had done or his Exspenses should not please the King he would in all things satisfie him according to his own mind At which Complaint the [1] Ibid. n. 20. The Pope writes to the English Bishops to excomunicate Earl John Pope was much moved and wrote to the Arch-Bishops and Bishops of England to Excommunicate Earl Iohn and all his Advisers Complices and Favorers And William Bishop of Ely as Legat and Chancellor wrote to the Bishop of Lincoln to put in Execution the Popes Brief and sent him the [2] Ibid. b. n. 30. names of such as he would have him Excommunicate videlicet Walter Arch-Bishop of Roven Godfrey Bishop of Winchester Hugh Bishop of Coventry William Marshal Geofry Fitz-Peter William Bruer Hugh Bardolf and many others [3] Ibid. f. 403. a. n. 10. The Bishops refuse to do it But none of the Bishops would Execute either the Popes or his Command as not owning him as Legat or Chancellor [4] Ibidem And the Arch-Bishop of Roven and the other Justices of England alii Justiciarii Angliae That is the Commissioners for the Government disseized him of his Bishopric and Collected the Rents to the Kings use to make good the money he had Wasted 5 And then the foresaid Justices and all the Bishops Earls and Barons of England sent to the King and by one Common Letter acquainted him how his Chancellor had destroyed the Kingdom and his Treasure and how he had been put out of his Office by the Common Council of the Kingdom The Chancellor on the other side wrote to the King That his Brother Iohn had Seized the Kingdom and would Crown himself if he returned not speedily Yet the King trusting in God would not Desert his Service until men and Money failed In Lent following [6] Ibid. f. 408. b. n. 30. A. D. 1192. Queen Alienor the Arch-Bishops of Roven and York and all the great men of the Kingdom met and Swore Fealty and faithful Service to King Richard and to his Heir against all men [7] Ibid. n. 40. Earl John endeavors to restore the Chancellor but the great men would not consent At the same time the Earl for 500 pounds having promised to restore the Chancellor to his Office sent for him into England and tryed to induce the great men to consent to it who would not but sent to him that unless he Departed the Kingdom they would imprison him he not daring to stay passed over the Sea on Good Fryday While these Commotions were in England King Richard was mightily uneasie in his imprisonment in Germany [8] Ibidem f. 412. a. n. 20. King Richard gave the Emperor his Kingdom to gain his Liberty He is reinvested by the Emperor to hold it of him by an annual tribute Before his death he is acquitted and for his liberty he gave the Emperor his Kingdom and invested him in it by the Delivery of his Hat or Cap and he presently as they had agreed before the great men of Germany and England redelivered it unto him to hold of him by the annual Tribute of 5000 pounds Sterling and invested him by a Double Cross of Gold But before his Death acquitted and Discharged King Richard and his heirs of this and all manner of Bargains Alice the King of France his Sister was in the [9] Ibid. f. 408. b. 10 20. The King of France demands his Sister of the Norman Nobiliâ—y Custody of the Seneschal and great men of Normandy and he had Demanded her of them but they would not deliver her without order from their King Richard at [1] Ibid. f. 412. a. n. 20 30. They refuse to deliver her without King Richards order which he was much troubled and disturbed and sent into England to Earl Iohn That if he would submit to his pleasure and advice he should Marry his Sister Alice and with her he should have Normandy Aquitan and Anjou and all the Lands which his Father had been possessed of in France and that he should make him King of England Earl [2] Ibidem
Marks to the Emperor and from the Earl 30000 upon condition he might be kept prisoner until Michaelmass following or if the Emperor had rather they would give him a thousand Pounds a Month so long as he should keep him Prisoner or if it pleased him better the King of France would give him 100000 Marks and Earl Iohn 50000 to deliver him Prisoner into their hands or at least that he would keep him one year The Emperor prevailed upon to differ his Release upon these Offers the Emperor put off the Day of his Liberty and ordered it to be upon the Purification of St. Mary at Ments At that Day and place [5] Ibid. b. n. 30.40 Henry Emperor of the Romans with the Great Men of his Empire and Richard King of England with his Mother Queen Alienor and Walter Archbishop of Roven William Bishop of Ely his Chancellor and Savaric Bishop of Bath met and held a Council about the Liberty of the King of England The Emperor out of Covetousness tempted with the money the King of France and Earl Iohn offered would have gone from his Agreement and calling for theis Messengers amongst which The King of France and Earl Johns letters given to King Richard to read was Robert Nunant Brother to Hugh Bishop of Coventry he gave the King of France and Earl Iohns Letters which they wrote against his Liberty to the King of England to read at which he was much troubled and confounded dispairing of his Freedom He by his Friend and Counsellor Sollicites the Archbishops of Ments Colon and Saxeburgh who this Archbishop was I find not unless Treves or Trier had ever that name the Bishops of Worms Spire and Liege The Dukes of Suavia the Emperors Brother of Austria and Lovain The Earl Palatin of the Rhene and other Great Men of the Empire who were â—idejussors or undertakers for the Emperor upon the Agreement between him and the King of England The Emperors Fidejussors rebuke him for his Covetousness who boldly went to him and rebuked him for his Covetousness and for that he would so impudently run back from his Bargain Qui ita impudenter à pacto suo resilire volebat and wrought so effectually with him as he Freed the King from his imprisonment [6] Ibid. n. 50. He thereupon consents to King Richards release he giving Walter Archbishop of Roven Savaric Bishop of Bath and Baldwin Waâ— and many other sons of his Earls and Barons hostages or Pleges for the Residue of his Ransom Money unpaid and that he should keep peace to the Emperor his Empire and all his Dominions and the Archbishops of Menâ—s and Colon Delivered him free into the Hands of his Mother Alienor A. D. 1194. Robert Nunant refuses to be plege for the King on the fourth of February The King asked Robert Nunant to be a Plege for him he answered he was Earl Iohns Man or Vassal and therefore would not be Plege for him Respondet [7] Ibid. f. 418. a. lin 4. Quod esset homo Comitis Iohannis ideo noluit pro ipso obses Esse for which answer the King caused him to be taken and imprisoned The same Day the [8] Ibid. n. 10. The Emperor writes to Earl John to restore King Richard all his rights and possession Emperor the Archbishops Bishops Dukes and Earls of the Empire by their common Writing to which they put their Seals sent to the King of France and Earl Iohn that presently upon sight thereof they should deliver to the King of England the Castles City's Fortresses Towns Lands and whatsoever they had taken from him while he was the Emperors Prisoner and if they did not to let them know they would help him to recover what he had lost [9] Ibid. n. 20.30 King Richards generosity to the German Bishops and Nobility Hereupon King Richard by his Charts granted to several Archbishops Bishops Dukes Earls and Barons and others of the Empire annual Rents or stipends for their Homages Fealty's and aids or assistance against the French King and received the Homage of the Archbishops of Ments and Colon of the Bishop of Liege the Dukes of Austria and Lovain the Marquess of Montferrat the Duke of Lemburgh and the Duke of Swavia the Emperors Brother of the Earl Palatin of the Rhene the Son of the Earl of Haynault of the Earl of Holland and many others saving their Fealty to the Emperor He is conducted to Antwerp and from thence came to Sandwich who gave the King a safe conduct or Pass-port to Antwerp where he was under the protection of the Duke of Lovain from thence he came to England and landed at Sandwich on the 13th of March. Not long before the Kings [1] Ibid. n. 40.50 Arrival one Adam of St. Edmund a Clerc and servant to Earl Iohn was sent by him into England with Letters and Directions That his Castles should be fortified against his Brother He came to London and went to the Palace of Hubert Archbishop of Canturbury and dined with him where he Boasted much of the prosperity of his Master The Insolence of one of Earl Johns Servants and the intimacy he had with the King of France telling that he had given him the Castles of Driencurt and Arches which should have been given to the Archbishop of Rhemes and talked at a great Rate what his Lord could do if he had but Faithful Men. His Bragging discourse much exasperated the Archbishop and all that heard him He is apprehended and Earl Johns designs are discovered but for the Deference to the Table he was not apprehended But after Dinner in his Inn the Major of London took him and all his Briefs or Commissions which conteined all Earls Iohns design and delivered them to the Archbishop of Canturbury [2] Ibid. b. lin 4.5.6.7 who on the Morrow called before him the Bishops Earls and Barons of the Kingdom and shewed them those Letters and declared the Tenor of them and presently it was Determined by the Common Council of the Kingdom Earl John disseized of all his Tenements in England That Earl Iohn should be disseized of all his Tenements in England and that his Castles should be besieged statim per Commune Consilium Regni Definitum est Quod Comes Iohannes Dissaisiretur de omnibus Tenementis suis in Anglia ut Castella sua obsiderentur factum est ita and so it was done The same Day [3] Ib. b. n. 10. He his Advisers and Abettors Excommunicated Archbishop Hubert the Bishops of Lincoln London Rochester Winchester Worcester and Hereford and the Elect of Excester and many Abbats and Clercs of the Province of Canturbury came together and Anathematized Earl Iohn and all his Abetters and Advisers which had or should Disturb the Peace of King and Kingdom unless they laid down Arms and gave satisfaction All to whom the [4] Ibid. n. 20 30 40 c. His
Castles and Towns in England Besieged Reducing of his Castles was Committed went into the Countries in and near where they were and levyed Forces The Bishop of Durham went into Yorkshire and Northumberland raised an Army and besieged Tikehill Earl David the King of Scots Brother Ranulph Earl of Chester and the Earl Ferrers Besieged Notingham and the Arch-Bishop of Canturbury with a great Army Besieged Merleburgh Lancaster and St. Michaels Mount in Cornwall The three last Castles were Rendred presently [5] Ibid. f. 419. a. n. 10 20 the two former not until the Kings Return for the Constables and Defendants would not believe the King was in England until they sent out some of their own Company to see whether it were so or not who saw the King at Dinner in the Siege And Surrendred to the King and assuring them it was so they delivered the Castles and put themselves in the Kings Mercy for Life and Limbs and terrene honor * Ibid. lin 18. Notingham Castle was delivered on the twenty eighth day of March. And on the [6] Ibid. n. 20.30 A. D. 1194. King Richard Held a great Council at Notingham Who were the Constituent parts of it Thirtieth Day of March King Richard held the first day of his Council at Notingham Tricesima Die Mensis Martii Richardus Rex Angliae celebravit primum Concilii sui Diem apud Notingham where were present Alienor the Queen Mother Hubert Archbishop of Canturbury who sate on the right hand of the King Geofry Archbishop of York who sate on the left hand Hugh Bishop of Durham Hugh Bishop of Lincoln William Bishop of Ely the Kings Chancellor William Bishop of Hereford Henry Bishop of Worcester Henry Bishop of Excester and Iohn Bishop of Whithern in Scotland Earl David the King of Scoâ—s Brother Hamelin Earl of Warren Ranulph Earl of Chester William Earl Ferrers William Earl of Salisbury and Roger Bigod The same day the King disseised [7] Ibidem Gerard de Canvil and Hugh Bardolph disseized of their Castles Sherifwic's Gerard de Canvil of the Castle and Sherefwic of Lincoln eodem die Rex dissaisivit Girardum de Canvilla de Castello Vicecomitatu Lincolniensi and Hugh Bardolph of the Sherifwic of Yorkshire and the Castles of York and Scarburgh and the Custody of Westmerland and exposed them all to Sale The Chancellor offered ready money down for the [8] Ibidem Geofry Archbishop of York out bids the Chancellor for their Sherifwic's Sherifwics of Yorkshire Lincolnshire and Northamptonshire 1500 marks and an hundred marks every year for each of them [9] Ibid. n. 40. Geofry the Archbishop bad three thousand marks for the Sherifwic of Yorkshire only and 100 marks by the year and obteined it by which means he was maâ—d â—he Kings Servant and subjected himself to his power The second day of the Council The Thirty first day of March was the Second day of the Kings Council Tricessima aie Martii Rex Angliae celebravit secundum diem Concilii sui [1] Ibidem The King demands Judgment against Earl John and Hugh Nunant Bishop of Coventry in which he required Judgment to be given of Earl Iohn his Brother who contrary to the Fealty he had Sworn to him had seized his Castles Destroyed his Dominions as well in England as beyond Sea and had made a League with his Enemy the King of France He also demanded Judgment of Hugh Nunant Bishop of Coventry who Conscious of his secrets Deserted him and adhered to his Enemies Earl Iohn and the King of France and contrived all the mischief he could against his Government or Kingdom And it was [2] Ibid. n. 50. The Council gives Judgment against both adjudged They should be peremptorily Cited and if within fourty days they appeared not nor stood to the Law They judged Earl Iohn had forfeited the Kingdom That is he ought not to return into the Kingdom and That the Bishop of Coventry was to be judged by the Bishops as he was a Bishop and by Lay-men as he was the Kings Sherif Judicaverunt Comitem Iohanem Demeruisse Regnum Episcopum Conventrensem subjacere Judicio Episcoporum in eo quod ipse Episcopus erat Judicio Laicorum in eo quod Vicecomes Regis extiterat On the first of April the King held the [3] Ibidem b. lin 1. The third day of the Council An Ayd ordained to be Levyed third day of his Colloquium in which he Ordained there should be given him of every Plough-land of all England two-shillings Kalendis Aprilis Rex Angliae celebravit tertium diem Colloquii sui in quo Constituit sibi Dari de unaquaque carucata terra duos solidos [4] Ibid. l. 3. Then he commanded every one should perform the third part of his Military Service according to what every fee would bear and should go with him into Normandy After that he [5] Ibid. l. 4. required of the Cistertian Order all their Wool of that year but because the Demand was grievous and importable they made a pecuniary fine or Composition The Second day of April was the [6] Ibid. l. 6. The fourth day of the Council fourth and last day of his Council Secunda die mensis Aprilis celebravit diem quartum ultimum Concilii sui in which many Clercs and Laics Complained of the Rapin and unjust Exactions of the Archbishop of York but he gave them no Answer Gerard de Camvil accused for Harbouring Thieves Then by the advice of the Chancellor as it was said Gerard de Camvill was acused for receiving Thieves who had robbed the * They called Merchants then such as our ordinary Tradesmen are now that keep Fairs and Markets especially the better sort of them Merchants going to Stanford Fair. That they came from him when they did the Robbery and returned to him after it was done further they appealed him of Treason and appealed of Treason because he would not appear upon the Summons of the Kings Justice nor stand to the Law concerning the receiving of the Robbers nor would bring them to Justice Praeterea appellaverunt eum [7] Ibid. n. 10. His Answer to his Accusation de Laesione Regiae Majestatis in eo quod ipse advocationem Justitiarum Regis venire noluit nec Juri stare c. His Answer was he was Earl Iohns Man or Feudatarie Vassal and would stand to the Law in his Court. Respondet se esse hominem Comitis Iohanis velle in Curia sua Juri stare he was also accused that he was with Force in the assistance of Earl Iohn and other the Kings Enemies when the Castles of Notingham were surprised Gerard denied all things and his accusers gave security of Prosecuting and he of Defending himself by one of his Free-men On the same day the King [8] Ibid. n. 20. declared the day of his second Coronation to be on the Close of
of Arches and many other Castles he had taken in Normandy and his other Territories by War But the perfecting of this Agreement was deferred until the eighth of November because the Emperor [3] Ibid. n. 50. prohibited the King of England he should not make peace with the King of France without his Advice and Consent In this Treaty Alice Sister to King Phillip was delivered to him and he presently married her to the Earl of Pontive The King of England [4] Ibid. b. n. 10. The Emperor is against King Richards concluding a Peace with France sent to the Emperor William Bishop of Ely and others and found him not pleased with the Terms of the Peace and rather then it should be perfected he offered to remit 17000 Marks of his Ransom which was unpaid toward his charge in recovering what was lost yet King Richard kept his Day and very hour of [5] Ibid. n. 20. King Philip promises King Richard a meeting but fails meeting the King of France near Verneuil The Archbishop of Rhemes met him and told him from the King of France he ought to make so much hast for he was then busie with his Council The King of England believed him and expected at a place near by while he would expect to hear of the King of France no longer and then went that he might speak with him When Philip Bishop of Beavais before him told the King of England that the King of France challenged him of Breach of faith and Perjury for that he had sworn and given his Faith he would be at the Treaty such an hour and came not and therefore he defied him and so they parted Within [6] Ibidem The French enter Normandy and ravage and burn Towns and Ships three Days the French entred Normandy and made great Ravages there they burnt Diep and the Ships and Vessels in Port. King Philip rambling up and down with his Army came to Issoudun in Berry took the Town and besieged the Castle The King of England hearing of it made what hast he could out of Normandy came thither and entred the Castle where a great many armed men flocked to him [7] Ibid. n. 30.40 They desire a Treaty which was granted and a Peace concluded The King of France liked not his Station and desired he might march away without any interruption to his Army which being denied he desired a Treaty which was granted This was on or about the [7] Ibid. n. 30.40 They desire a Treaty which was granted and a Peace concluded Sixth of December and by the Mediation of the Archbishops and Bishops on both sides there present it was sworn on both parts That there should be peace and concord between themselves their Men or Vassals and their Dominions inter se homines suos terras suas until the Feast of St. Hilary next coming and that then they should meet at Loviers to make final Peace and Concord ad pacem finalem concordiam faciendam before a greater Audience or Convention of their people After the [8] Ibid. f. 435. a. n. 10. A. D. 1196. The Articles of the Peace Feast of St. Hilary or on the 14th of January they met at Loviers where by advice of their Men or Great Feudataries ubi inter eos Concilio Hominum suorum They agreed That the King of France and his Heirs should Quiet-Claim or Release to the King of England and his Heirs Issoudun with its Appertinencies and all the Right he had in Berry Avergn Gascony and That he should render to him the Castle of Arches the Earldoms of Albemarle and Ou and the other Castles he had taken by War [9] Ibid. n. 10. The King of England for this was to Quiet-Claim or Release to the King of France Gisors Castle and all Veuxin Norman And for the Performance of this Peace they were bound to each other in 15000 Marks of Silver and found Sureties one to another for that Sum. The King of France Repented him of this Agreement and Levied a great Army [1] Ibid. n. 40.50 The King of France breaks the Peace made between him and King Richard and besieged Albemarle he took the Castle and demolished it and received of the King of England 3000 Marks for the Ransome of his Knights and Esquires there taken For which the King of England caused the Goods and Possessions of the Abbats of the great Monastery of Clugni St. Denis and la Charite in all places of his Dominions to be seised as being Sureties to him for the 15000 Marks [2] Ibid. b. lin 1. Afterwards the King of France took Nonan Court and John Earl of Moreton the Kings Brother took the Castle of Gamache Andeli sur Seine or the Isle of Andeli sur Seine belonging to the Archbishop of Roven was a [3] Ibid. f. 437. a. n. 10. A. D. 1196. notable pass or Inlet into Normandy through which the King of France used often to take his way over the Seine to waste and harass that Country The King of England to hinder his getting over the River that way and for the safety of his People built a Castle in it contrary to the mind The sentence of Interdict pronounced against Normandy and notwithstanding the prohibition of the Archbishop and because he would not desist upon his prohibition he pronounced the sentence of Interdict against Normandy and went to the Pope There happened the same year a [4] Ibid. n. 20. A Skirmish between the Domestic Servants of both Kings Skirmish between the Domestic Servants of each King Hugh de Chaumout a stout Rich Knight and Favorite of the King of France was taken and delivered to the King of England and delivered him to Robert de Ros to be safely kept and he delivered him to his Esquire or Servant William de Espinai to be kept in the Castle of Bon-Ville upon Toke In the night by his consent and permission he made his escape The King angry at it imprisoned Robert de Ros and caused him to pay a Composition of 1200 Marks for his Liberty and William de Espinai a Traytor to his Master was Hanged upon a Gallows On the 19th of May [5] Ibid. n. 40. A. D. 1196. Earl John defeats Philip Bishop of Beavais Iohn Earl of Moreton and Marchades the General of the Brabanters with a good Body of Horse appeared before the City of Beavais When they came to plunder and waste that Country Philip the Bishop and William de Merlou with his Son and many Knights and ordinary People went out armed to oppose them They were presently routed the Bishop William de Merlou his Son and some Knights were taken and most part of the ordinary People were killed The same day they marched to Milli a Castle belonging to the Bishop and took it by assault and demolished it and so returned in Triumph into Normandy and delivered their Prisoners to the King The Bodies of the
enough to carry over one half of the Army When this came to the Kings knowledge he was highly enraged and laid the whole blame upon [1] Ibid. n. 40 The King accuseth the Justiciary for that Defect The Earl of Britan comes for the King Hubert de Burgh his Justiciary and openly called him Traytor reproaching him for receiving 5000 Marks from the Queen of France to put a stop to his design at length the King was raised to such a height of passion that he drew his Sword and would have Killed the Iusticiary had nor Ranulph Earl of Chester and some others interposed and prevented it On the 9th of October following Henry Earl of Brittain landed in England to conduct the King over Sea as he was bound by former Agreement and Oath who advised the King to lay aside all thoughts of passing over Sea till Easter following because it was dangerous Sayling and a Winter Voyage might be to his loss Upon this the King gave [2] Ibid. n. 50. The Justiciary reconciled to the King The Earl of Britan restored to his rights in England every one liberty to go home again and the Justiciary was reconciled to him Then that Earl did Homage to the King contra omnes homines de Britannia against all men of Brittain and the King restored to him all his right in England and having given him 5000 Marks for the defence of his own Dominions he dismissed him In the year 1230. A. D. 1230. the King [3] f. 364. n. 40. The King of England and King of Scots meet at York at Christmass held his Court at York with the King of Scots who was invited thither together with the Archbishop of the place Earls Barons Knights Et familia magna nimis and an over great multitude of their followers Having celebrated the Festivity with great joy and liberality for three days the King of Scots returned into his own Country and the King of England to London This year [4] f. 365. n. 10. A great Summ of Money Granted to the King the Arch-Bishops Bishops Abbats and Priors throughout all England gave the King a great Summ of Money for the recovering his Rights which were taken from his Father beyond Sea And upon the same Account the Citisens of London were put to a grievous Redemption and the Jews forced to pay the third part of all their substance On Easter following the King [5] f. 365. n. 20. The King passeth over into Britany The Earl thereof delivers up his Towns and Castles to him Many of the Nobility did Homage and Swear fealty gathered together a very great Army of all that ought him Military Service at Reding and Marched from thence to Portsmouth the 30th of April and there took Ship with the greatest part of his Army and Landed at St. Malo on the 3d of May. He was very kindly received by the Earl of Brittain who delivered up to him the strong Towns and Castles of that Country and many of the Nobility did Homage and Swore Fealty to him But Andrew de Viteri with some others refused and fortified their Castles As soon as the King of France heard of this he raised an Army and came to Anâ—ou and posted himself there to hinder King Henry 's March into Poictou who continued yet at Nants expecting the residue of his Army About this time [6] Ibid. n. 50 Discord between the French Nobility there happened a great discord among the French Nobility many of them as was reported being Confederated with the King of England and Earl of Brittain the chief of which were the Duke of Burgundy the Earl of Bologne the Earl of Drius the Earl of Mascu the Earl of St. Paul the Earl of Bar They Arm against the Earls of Champaign and Flanders Engeram de Curci and Robert de Courteney these declared War against the Earls of Champagne and Flanders and having been forty days in the Siege of Anjou obteined leave of their King and returned home The King seeing he could not keep them there presently followed and endeavoured to make Peace between them and the Earls of Champagne and Flanders but could not They entred Champagne and destroyed all before them with Fire and Sword The Earl of Champaign Defeated The Earl raised an Army to oppose them but was soon defeated and put to flight whom they persued to the Gates of Paris [7] fol. 366. n. 10. Suspected for Poysoning of King Lewis and of too much Familiarity with the Kings Mother That which moved these Great men so much against the Earl was That they suspected him to have a hand in poysoning King Lewis at Abignion of which they had accused him before the young King and challenged him to answer it by Duel But through the powerful influence of the Queen the Kings Mother he would hear nothing against him Hereupon they left the Court and occasioned great Commotions in France disdaining to have such a Mistress as had polluted herself with the unchast actions both of this Earl and the Popes Legat. While King Henry and William Marshal were busied in France [8] Ibid. n. 20 The Irish endeavour to Extirpate the English the Irish thought they had a fair opportunity to rid themselves of the English gathered a great Army under the Conduct of the King of Connaught who ravaged and destroyed with Fire and Sword the King of Englands Country When Gaufrid de Marisco the Kings Justiciary in those parts heard what they had done by the assistance of Walter de Lasci They are Defeated and Richard de Burgh raised an Army and by Stratagem defeated them and slew 20000 of them and took their King and kept him close Prisoner About the same time [9] Ibid. n. 40. Several Noblemen of Normandy invite King Henry into that Countrey Fulco Paganel and William his Brother Noblemen of Normandy came to King Henry in Brittain and swore Fealty and did Homage to him and also about Sixty Knights stout and powerful Men who perswaded him to enter Normandy with an Army and he should not in the least doubt success The King liked the Advice but Hubert de Burgh the Iusticiary would not suffer him to follow it alledging the Attempt to be every way dangerous He was unseasonably diverted to their ruine So these Noblemen went away miserably disappointed for the King of France forthwith seized their Castles and Estates After this by the [1] Ibid. n. 50. The King receives the Homages of many People in Anjou Poictou and Gascoigny advice of Hubert de Burgh the King marched with his Army through Anjou into Poictou and from thence into Gascoigny where having received their Homages and secured the Countrey he returned into Poictou and received the Homages of many persons in this Cavalcade he took the Castle of Mirebean In the Month of * Ibid. f. 267. n. 10. A Parlement or Colloquium in France Peace made between the
and Morgan of Carleon concerning the Castle of Carleon And after this Arbitration or Determination what amends was to be made on both sides Edmund Archbishop of Canturbury renewed the * Append. n. 158. The Truce renewed Truce for one year longer That is until the Feast of St. James in the One and Twentieth year of his Reign between King Henry and Prince Lewelin and all that were openly concerned on either side so as the King and Prince should be in the same possession of Lands and Tenements Men and Homages as they were the Day of the making this Truce Saving to Morgan de Carleon his Lands and Chattels which Gilbert Earl Marâ—hal possessed himself of within the time of the Truce If any Lands or Castles had been seised During the Truce no Amends were to be expected for them but for goods or moveables amends was to be made for them by the Arbitrators which were sometime called Correctors sometimes Dictators of amends The Conditions on which it was to continue The Truce still to continue so as no Namia Reprisals or Distresses were to be taken for any Interception made of moveables within the time of the Truce nor for any contention before the making of it No new Castles were to be Built or Fortified in the Marches or those which were Demolished repaired during the Truce and the Lands in the Marches were to remain Commune according to the Stipulation in the last Truce A. D. 12â—6 On the 29 of April the King [3] fol. 429. n 30. A conference at London called the great men of England Congregati sunt magnates Angliae ad Colloquium together at London to treat about the Affairs of the Kingdom and on the first day of the Assembly he removed into the Tower of London but not one of the Great men would come to him whereupon he came again to his Pallace and in treating of many things for the Good of the Realm Unjust Sherifs removed and Corruptions in that Office prevented the King laudably performed one thing which was to remove all Sherifs that were unjust and unfaithful in the discharge of their Office and substituted men of Birth and Estates in their Room who would not so readily be corrupted by Gifts and Rewards and made them Swear they would receive no other Presents but Meat and Drink and that very moderatly In this Assembly the King of Scots by his Messengers required of the King the restitution of such Rights as belonged to him by Charter The King of Scots Demands and the Testimony of many great men but nothing was determined in that Affair At the same time was a great difference between Richard Earl of Cornwal and Richard Sward which the King endeavoured to compose but could not Several of the Court Officers removed and thereupon he Banished Sward the Kingdom He likewise removed Ralph Fitz-Nicholas the Steward of his House and many other great Officers of his Houshold both from their Offices and his Council and [4] f. 430. l. 1. The Chancellor refused to deliver the great Seal required the Bishop of Chichester his Chancellour to deliver up the Great Seal but he refused Affirming he received it by the Common Council of the Kingdom Communi Consilio Regni and would not resign it up to any one without their Consent At this time the Emperor sent to demand the Money King Henry had promised with his Sister Some time in May [5] fol. 431. n. 20. Peter de Rivallis Rivallis and Segrave received into favour and Stephan Segrave were received into the Kings Favor On the 8th of [6] Ibid. The King thought such grants invalid that wanted the Popes Confirmation June the King called the Great men of England together at Winchester where the King by virtue of the Popes Bull endeavoured to void some Grants he had made before he was Married alledging they were invalid because they wanted the Popes Confirmation to whom the Right of the Kingdom belonged ad quem jus regni Spectabat conferre The Great men were much surprised at the Kings endeavors to enslave his Kingdom to such base Conditions This year the [7] f. 432. n. 40. The King of Scots meeteth the King of England at York King by the advice of his Great men went to York to compose the difference between him and Alexander King of Scots who affirmed he had not only a Charter but the Testimonies of many Bishops Earls and Barons of King Johns Grant of the County of Northumberland to him upon the Marriage of his Daughter Iohanna Adding That if he would not peaceably restore unto him his Right He would recover it by force That which encouraged the King of Scots to make this Demand at this time was What encouraged him to offer such demands to King Henry that Leolin Prince of Wales would be easily induced to break Peace with King Henry and the Affinity of Gilbert Mareschal who had marryed Margaret his Sister and also the present Hostilities beyond Sea [8] Ibid. n. 50. King Henry gives him satisfaction The King of England having consulted his present Circumstances for the preservation of the Peace of his Realm offered the King of Scots in lieu of the County of Northumberland the yearly revenue of LXXX Marks in some other place which gave satisfaction to all and so this Colloquium or Conference was Dissolved This year the [9] f. 433. l. 1. The Popes Policy to gain Money from the English Fryars Predicants and Minors went through Cities Towns Castles and Villages in England and offered plenary Indulgences to any who were confessed and truly penitent that would undertake the Cross and soon after the Pope sent into England Fryar Thomas a Templar and one of his Domestics with his Bull to absolve any one from his vow upon payment of a certain Summ of Money towards the defraying the Expences of the Holy War and whoever should pay any Money for this end although he was under no Vow yet he should have the Benefit of this Indulgence In the year 1237. at Christmass the King kept his Court at [1] fol. 435. n. 10 20 30 40 50. A. D. 1237. A Parliament at Winchester Winchester from whence he sent out his Writs Commanding all that belonged to the Kingdom or Government namely Archbishops Bishop Abbats Installed Priors Earls and Barons That all without faâ—l should meet at London on the * That is Jan. 13th Octaves of Epiphany to treat about the Kings Affairs which concerned the whole Realm Rex praecipiens omnibus ad regnum Angliae spectantibus videlicet Archiepiscopis Episcopis Abbatibus Prioribus installatis Comitibus Baronibus ut omnes sine Omissione in Octabis Epiphanâ—ae convenirent regia negotia tractaturi totum Regnum contingentia The Great men yielded a ready obedience to the Kings Summons believing some very great and difficult affairs were to be transacted and accordingly on St. Hilary's day an
however he sent them Prisoners to Paris and there to be secured This put the rest of the Defendents of the Earl of March his Castles into such an Affright that some of their own accord came in and delivered up their Keys to the King of France and others capitulated upon his appearing before them These uninterrupted Successes made the [1] fol. 589. l. 1. The Earl of March repents him that he had ingaged himself against his own King King Henry put upon great difficulties and distresses Earl of March and his Poictovins almost desperate who now began to repent they had ingaged themselves against their own Lord the King of France In the mean time the King of England came before the City of Tailleburgh and pitched in a Meadow over against it When the King of France heard of it he marched with his Army towards that place As soon as the Citizens had notice of his approach they went out to meet him and surrendred their City to him and invited him to take possession of it When the King of England saw himself thus disappointed and that he must now fight the French with the men he had with him [2] Ibid. n. 50 He called to the Earl of March and asked how he had performed his promise of procuring Men enough to baffle the French if he supplyed them with Money The Earl replyed He never made any such promise The Earl of March denies his promise made to him Then Earl Richard produced the Chart of Agreement between them He denyed that it was ever made or sealed by him or that he had ever encouraged the undertaking this expedition but it was [3] fol. 590. lin 1 2 3 4. the contrivance of his Wife and his Mother When the King heard the Earl's Reply he was very much concerned and Earl Richard seeing the danger the King was in of being made prisoner [4] fol. 590. n. 10. Earl Richard goes to the French Camp and obtains a Truce disarmed himself and with a Staff in his Hand went to the French Camp where he was kindly and honorably received and being introduced to the Kings Presence he desired a Truce which the King granted for one day and a night following Assoon as the Earl had obtained this Truce he returned to King Henry and advised him to make his escape with as much speed as he could otherwise he would be taken prisoner [5] Ibid. n. â—0 King Henry's flight to Xaints The King followed his advice took Horse at night and never stopped till he came to Xaints the whole Army followed him but with great hazard and some loss Next day the King of France decamped and marched with his Army towards Xaints after some few days both Armies met and fought and had the English [6] Ibid n. 40. A Fight between the English and French equalled the French in number they had gained an entire victory The number of those that were slain on either side is not mentioned but the Prisoners that were taken were exchanged Those that behaved themselves with Courage and Resolution in this Battle were Simon Montfort Earl of Leicester the Earl of Salisbury the Earl of Norfolk Roger Bigod John de Burgo Warin de Monâ—chensy Hubert Fitz-Matthew Ralph Fitz-Nicholas with some others When the [7] fol. 591. n. 10 20. The Earl of March endeavours to be reconciled to the King of France Earl of March saw how successful the King of France was in every thing he attempted and that his strength daily increased He began to consider how he should regain his Favour and be reconciled unto him He therefore privily sent to the Earl of Brittain that he with the Bishop of Xaints would use their endeavours with the King of France to procure his Pardon Upon this they both went to the King and assured him That the Earl of March was sensible how much he had offended against him and his Crown and implored his Mercy and Favour adding he might receive him under what conditions he pleased The King of France [8] Ibid. n. 30 40. The Terms upon which he made his Peace accepted the offer and was reconciled unto him upon these Terms That whatever that King had possessed himself of the Earls during this War should be for ever annexed to the Crown and also That all those Castles that were in his possession whether they were his own or his friends which were thought to be injurious to the King of France should be delivered into his hands for three years and then not to be restored unless the King was satisfied of his Fidelity That He should with 200 armed Men enter into his Service and faithfully serve him for three years at his own charges against all enemies of the Church or Crown of France Moreover he should surrender up his Charter whereby the King of France was obliged to pay him 10000 l. a year for defence of the Marches and should quit any such claim for the future [9] Ibid. n. 50. He enters into the King of France his Service To these hard Conditions he was forced to consent to obtain his pardon and was presently sent against the Earl of Tholouse his old friend and the King of Englands Confederate This was all done without the knowledge of King Henry who had by [1] fol. 592. n. 10. King Henry loseth the affections of the Citizens of Xaint Charter given the City of Xaints to Hugh Bruno the Earl of March his Son and his younger Brother without the privity of the Citizens whereby the King lost their Affections for that they hated Hugh However he thought himself safe and secure there till he was informed by one from the French Camp that that King [2] Ibid. n. â—0 He is certified the King of France designed to besiege that City His flight to Blaie designed to come and besiege that City very suddenly and was resolved not to rise till he had made him prisoner which was confirmed by another who likewise assured him that the Earl of March was revolted to the French and if He continued there one night longer he would be besieged King Henry being by this Second Messenger confirmed in his belief that the news was true fled to Blaie a Town in Gascoigny about 40 or 50 English miles from Xaints and his Army followed but were so harassed with the length and suddenness of the March that they were unfit for any service All Poictou submit to the King of France Upon this Xaints Ponz and all Poictou forthwith submitted to the King of France only Hertoldus Governor of [3] fol. 593. n. 50. Hertoldus his Fidelity to King Henry Mirabell Castle went to the King of England and implored his protection to whom the King replyed He was betrayed by the Earl of March and was scarce able to secure his own person and therefore gave him leave to act according to his own discretion Then he went to the King of
approve who acted rather against than for him Now the King thinking himself secure on every side [8] Paris fol. 991. n. 50. He taketh the advantage of the Popes Absolution He displaces his great Officers of State resolved to take the advantage of the Popes Absolution and went to several Cities and Castles and took possession of them and the Government of the Kingdom encouraged to this by the promise of assistance he received from the King of France and his Great men Afterwards the King came to Winchester and removed from their Offices the Justiciary and Chancellor that were appointed by the Baronage and constituted * He made Walter de Merton his Chancellor and Philip Basset his Chief Justice Mat. Westm fol. 380. lin 7. others in their places according to his own pleasure and sent his [9] Append. n. 205. Reason why he could not stand to his Oath Writ to all the Sheriffs of England wherein he relates his own Submission and the Affairs of his Realm to the Provisions at Oxford under certain conditions which the Barons performed not the injustice of their Ordinances to the prejudice and depression of his Royal power and Dâ—mage of his People his Absolution from his Oath to observe them both by Pope Alexander and Vrban his Successor His readiness to do justice to all men Great and Small in his Courts to which they might freely resort with security and to observe the Articles conteined in the great Charter and Charter of the Forest which they were commanded to proclaim in all places and to apprehend and secure all such as adhered to the former Ordinances or presumed to speak or act any thing prejudicial to the Rights of his Crown Honor or Dignity or to his Execution of his Office Upon this the [1] Paris ut Supra The Barons come Armed to Winchester Barons came Armed to Winchester and John Mansel went privately to the King and acquainted him with the danger he was in The King retires to the Tower and constrained him to hasten his return to the Tower of London In the year 1263 at Christmass [1] Paris f. 992. lin 1. n. 10. A. D. 1263. 47th Hen. 3. the King Queen and Council were in the Tower of London at which time both the English and French Bishops took great pains to make peace between the King and Barons and at length Both sides referred their Differences about the * See the Compromise it self on the Kings behalf in Append. n. 206. and observe the date of it on Sunday after St. Lucy's day 13th of December 1263. so that it had been agreed to Refer these Differences to the King of France before Christmass The King of France nulleth the Oxford Provisions Oxford provisions to the King of France who calling together his Bishops Earls and great men at Amiens on the 22 d of January in that Assembly pronounced sentence for the King of England against the Barons and Nulled those provisions But by Evacuating of them he did not intend altogether to abrogate King Johns Charter Upon which Exception S. Montfort and others took advantage and said The provisions were founded upon that Charter and therefore would not submit to the King of France his Sentence This Parlement of the King of France as the Monk calls it being Dissolved the [2] Ibid. Several noble men desert Montfort King of England and his Queen the Arch-bishop of Canterbury the Bishop of Hereford and John Mansel who were all there returned home And from that time [3] Ibid. n. 20. Henry Son to the King of Almain Roger de Clifford Roger de Leybourn John de Vallibus or Vaus Hamo L'estrange and many other Barons left Montfort and Roger Mortimer wasted his Lands and Estates But he confederating with Leolin Prince of Wales the Kings great Enemy sent an Army thither that invaded destroyed and burnt the Estate and Lands of Roger. In the mean while the [4] Mat. Westm f. 382. n. 40. Barons in other parts of the Kingdom by advice and under the conduct of the Earl of Leycester Resolving to make good the Oxford provisions armed themselves The Barons Arm themselves and seize the Kings Towns and on a sudden when they thought not of it fell upon the Strangers the Kings Counsellors and all they knew adhered to him and in an Hostile manner seised upon their Estates Places of Strength Castles Towns and Goods [5] Ibid. f. 384. n. 50. 385. n. 10. Montfort with his Army took in Glocester Worcester Bridgnorth and Shrewsbury Prince Edward and the Noble men that were of the Kings party took in the Castles of Haye Huntington Brecknoc c. and on both sides they wasted burnt and destroyed their Lands and Estates The Londoners also [6] Ibid. f. 385. n. 20. The Londoners second the Barons going out of their City in great numbers wasted and burnt the farms and possessions of the King of Almain Philip Basset and many others that were of the Kings party and imprisoned the Kings Clercs the Barons of the Exchequer and Justices of the Bench. The King was at this time in the [7] Ibid. f. 383. n. 20 30. Mat. Paris f. 993. lin 2. n. 10. The King maketh peace with the Barons Tower of London with his Queen and John Mansel one of his chief Counsellors who fled from thence fearing the Rage of the Barons and when he was gone the King fearing he should be besieged by their Army against all the power and perswasion of the Queen by the mediation of some Honourable persons made peace with them the Articles whereof were these First That [8] Ibid. The Articles of the peace Henry Son of the King of Almain should have his Liberty Secondly That the Kings Castle should be put into the Hands of the Barons Thirdly That the Statutes and Provisions made at Oxford should be inviolably observed as well by the King as others Fourthly That all strangers except such as the Well-Affected should think fit to stay should presently avoid the Nation never to return again A. D. 1264. 48. Hen. 3. But this peace did not hold long for the Soldiers that were within Windsor Castle [9] Paris f. 993. n. 20. furnished it with Arms and Victuals which raised great suspition in the Barons and it added much to it that when Prince Edward had desired of the Bishop of Worcester who was of the Barons party to conduct him from Bristol to his fathers Court when he came near Windsor he left the Bishop and went into the Castle which he took very ill [1] Ibid. n. 30. Prince Edward kept prisoner by Montfort and Simon Montfort coming to besiege it Prince Edward met him at Kingston and offered a Treaty of Peace But by advice of the Bishop Simon kept him prisoner until the Castle was delivered to him upon condition that such as were in it might go whether they would and the strangers and such others
ever should Enjoy the Liberties granted by them to the Kingdom of England which were written and sent sealed thither under the seals of the Popes Legat and William Earl Marshal the King then not * His Fatâ—… seal was 〈◊〉 with his 〈◊〉 Regalia 〈◊〉 passage oâ— the Wathâ—… having a Seal of his own In the seventh year of his Reign upon complaint made by the Citizens of Dublin against their [2] Cl. 7 Hen. 3. mâ—… Dors. The King â—…hibits the Arch-Bisâ—… of Dubli◠〈◊〉 meddle wâ—â—â— secular caâ—… in Spirituâ—â— Courts Arch-Bishop who was then the Kings Chief Justice for proceeding against the Laws and Customs of the Nation used in all places of England and for his Vsurpation upon the Rights of the Crown against his Trust and Duty as Chief Justice in drawing several causes belonging to the Kings Temporal Courts to his Ecclesiastical Courts to Enlarge his Jurisdiction to the Grievance and Dishonour of the King There was a [3] Ibid. writ sent to him to forbear such things for the future or that he would be severely dealt with for such practises In the 11 th of his Reign [4] Cl. â—… Hen. 3. Paâ—… m. 21. The same to be in Iâ—â—land as Enâ—land conceâ—â—ing Excomâ—â—nicate Peâ—… there was a Writ sent to Geofry de Marisco Justice of Ireland for observing the same Customs and Law there for taking persons continuing Excommunicate by the space of forty days upon the Arch-Bishops and Bishops Certificate by a Capias Excommunicatum as was used in England In the 12 th of his Reign he wrote to [5] Cl. â— Hen. 3. M Richard de Burgh his Justiciary to call together the Arch-Bishops Bishops Abbats Priors Earls Barons Knights and Freetenents and his Officers in Every County and cause the Charter of King John to be read before them and then to injoyn them to the strict observation of the Laws contained in it In the 15 th year of his Reign about [6] Pariâ— 366. n. 20 The King Conaught his Army routed 2000 Men and the Kiâ—â— made prisâ—â—er July an Irish King of Conaught knowing that the King William Marshal and Maurice Fitz-Gerald were gone over into France so that Ireland was left without any great force to Defend it raised a mighty Army or rather a great number of people and entred into the Dominion of the English spoyling and Burning the Country The news whereof was brought to Geofrey de Marisco then Deputy Justiciary and he calling to his assistance Walter Lacy and Richard Burgh raised a considerable force with which he fought and beat the Irish killed twenty thousand of them and took their King Prisoner In the 19 th of his Reign the [7] Cl. â—… Hen. 3. M Dors. Free Commerce and trade betwâ—â—â— England aâ—â— Ireland King issued a writ to Maurice Fitz-Gerald his Justiciary for free Commerce and Trade between his Subjects of both Nations without Restraint The next year [8] Cl. 20. Hen. 3. m. 13. Dors. The Statutes of Merton concerning Bastardy to be observed in Ireland he wrote to the Arch-Bishop of Dublin and his justiciary for the Observation of the Statutes of Merton especially concerning Bastardy and in a Case then depending before them In the 24 th of his [9] Paris f. 526. n. 40. Coheirs females how they were to hold in Knights service Reign the King sent instructions under his seal how lands holden in Knights service that Descended to Sisters Coheirs should be divided and how and by whom Homage should be done and in what manner and of whom the younger Sisters should hold according to the Statute of Ireland made the 14 th of his Reign In the 29 th of his Reign the Welch putting King Henry to great Trouble he intended wholly to destroy them [1] Ibid. f. 685. n. 20. Maurice Fitz-Gerald put out of the place of Justiciary and sent to Maurice Fitz-Gerald his Justiciary to come to his assistance with forces out of Ireland who not coming so soon as he was expected having a fair and prosperous wind was put out of his place of Justice and John Fitz-Geofry de Marisco substituted in his stead In the thirtieth of his Reign he [2] Append. n. 228. The Laws of England to be strictly observed in Ireland directed a Writ to the Arch-Bishops and others in Ireland that the Laws of England should be strictly observed in Ireland as King John his Father had formerly commanded Yet notwithstanding this Command this privilege of using the English laws in Ireland was [3] Append. n. 229. Those Laws not intended for the Benefit of the native Irish never intended by King John or King Henry that it should extend to all the native Irish but only to the English Inhabitants transplanted thither or there born and to such native Irish as faithfully adhered to these Kings and the English in Ireland against the Irish that complyed not with them who were not to receive any Benefit by them The King in the 38 th year was in Gascoigne and wanting Forces [4] Cl. 38. Hen. 3. M. 9. Dors. The King sends into Ireland for forces to be brought to him from thence into Gascony sent his Writ to John Fitz-Geofry his Justice of Ireland to come to him in person with a good number of Men if there were no danger of an insurrection in Ireland otherwise to send Maurice Fitz-Gerald with the same force and to borrow Mony from the Popes Collector in Ireland for that affair with his consent to be repaid him at a certain day Prince Edward had the Kingdom of Ireland Committed to him for his support with power to make put in and out what Justices and other Officers he pleased when the Barons were at Oxford and had made their provisions in the 42 d. year of this Kings Reign he [5] Pat. 42. Hen 3. M. 5. Prince Edward put out of the Command of Ireland by the power of the Barons wrote to the Arch-Bishops Bishops Abbats Priors Barons Knights c. That he heard his Son intended to make a new Justice there and put his Castles into such hands as it might be great Damage and not without fear of their Disinheriting and therefore Commands them not to be obedient to any such Justice Constables or Keepers of Castles made or appointed without his Letters Patents by assent and advice of his Council After the same manner he wrote to all Majors and Communities of Cities and Towns in Ireland and to the Constables of Castles and Commanded Alan Zousche his Justiciary not to obey or give up his Authority to any new Justiciary or Constable that should come without his Letters Patents The King wrote to the [6] Cl. 49 Hen. â— m. 7 Dors. The Kings Writs to several great men to secure the Peace of Ireland Arch-Bishop of Dublin the Bishop of Meath his Treasurer Walter de Burgh and Maurice Fitz-Maurice Gerald that he heard there was like to be great Dissention between the
Common Pleas by whom appointed Ibid. Justices Itinerant by whom sent f. 446. A. William Kele a Mediator between Henry the Third and his Barons f. 566. A. Kenelworth Castle stood out against Henry the Third f. 655. C. Their barbarous usage of the Kings Messenger f. 656. D. The Kings Clemency to the Defendants after it was taken f. 657. D. Dictum de Kenelworth where and upon what account made f. 658. A. c. Kent given to Hengist the Saxon by Vortigern f. 94. D. Kentish-men of their own accord submit to the Conqueror f. 189. E. They attempted Dover Castle but were beaten f. 192. A. Knight-hood when first instituted f. 56. A. All that had 10 l. per Annum forced to receive the Order f. 620. lin 4. Knights-Fees why called Scuta f 211. F. Twelve chosen in every County to inquire evil Customs and Practices f. 499. C. All that refused to obey them to be imprisoned Ibid. D. E. Four sent by the Barons to the Pope f. 632. B. Four chosen in every County to inquire into grievances fol. 633. A. They had their expences allowed Ibid. B. Three in every County summoned by the Barons to meet at St. Albans f. 637. F. Four summoned in every County to meet the King at London f. 642. F. L. HUgh de Lacy made Governor of Dublin by Henry the Second fol. 360. F. 370. C. He was revoked and soon after restored f. 371. D.F. He was discharged f. 372. A. His Prudent Management and Government of the Irish fol. 371. C. His Death f. 374. A. Lands how transferred before the Norman Conquest f. 204. lin 1. When first by Writings and Sealing Ibid. A. Lanfranc Arch-bishop of Canturbury his Controversie with Odo Earl of Kent for Land belonging to Canturbury f. 140. A. B. He pleaded his own Case and recovered his Lands Ibid. D. He presided in many Councils f. 215. A. The Controversie between him and York about Primacy determined on his side f. 214. A. Stephen Langton chosen Arch-bishop of Canturbury f. 476. B. He and other Bishops supplicate the Pope against King John f. 483. B. He pronounced the Sentence of Deposition against him and encouraged Philip King of France to execute it f. 484. A. B. He hindred King John from reducing his Barons f. 488. A. He confederated with them against the King Ibid. C. D. E. He is offended at the Popes Legate f. 490. F. He was the Head of the Barons Conspiracy f. 495. D. He was suspended for Disobedience to the Pope f. 503. F. He is absolved f. 507. C. He and the Great Men demanded a Confirmation of their Liberties of Henry the Third f. 531. D. He Excommunicated Falcasius and his followers f. 534. D. His Decree against Priests Concubines f. 536. F. His Death f. 541. B. Simon Langton his insolent reply to King John f. 478. E. He was chosen Arch-bishop of York but refused by the Pope f. 504. C. He was made Chancellor to Prince Lewis f. 510. D. He was excommunicated by Walo the Popes Legat Ibid. E. Roger de Lasci his Courage and Fidelity f. 472. F. 473. F. 2d Lateran Council held under Pope Innocent the Second f. 294. A. Canons and Constitutions made there brought hither Ibid. B. C. D. Amoric de Sancto Laurentio His Adventures and Courage in Irish Engagements f. 367. A. B. C. 368. B. Laws Salic Lombard Burgundian Wisigoths and Saxons when first written f. 60. D. Gâ—rman how made f. 84. C. D. English Saxon how made f. 85. A. Danish and Mercian why so called Ibid. C. Different among Germans and Saxons Ibid. B. D. No Nation governed by the same f. 155 C. The chief of ours were Norman Ibid. E. and f. 161. A. B c. The Practice alike in both places f. 179. D. c. Of England not carried into Normandy by the Confessor fol. 180. B. C c. Canon Law when first brought into and used in England f. 296 E. Laws against Robbers of Warrens and Parks f. 594. C. Lawrentius succeeds Augustin in the Arch-bishopric of Canturbury fol. 104. A. Popes Legats none here before the Conquest f. 88. A. Not received in England before Henry the First f. 256. E. None to be sent hither but upon the Kings request f. 268. A. An Oath put upon one by Henry the Second f. 333. D. Legion how many men it consisted of f. 2. F. Pope Leo the Ninth his Letter to Edward the Confessor suspected fol. 91. C. D. Leofric Earl of Mercia opposed Earl Goodwin f. 132. D. Lewellin Prince of North Wales besieged Buet Castle without success f. 530. A. He bound himself by his Charter to satisfie for damages done to King Henry the Third f. 532. D. He made Incursions into England f. 546. D. He and his followers Excommunicated Ibid. A Truce between him and Henry the Third f. 560. F. It was violated but again renewed f. 563. F. The conditions of it f. 564. A. B. He put himself under the protection of Henry the Third fol. 567. A. Lewes a Battle fought there between Henry the Third and the Barons f. 641. D. E. Lewis King of France invaded Normandy f. 248. D. He was overthrown by Henry the First Ibid. F. His complaint of King Hen. in the Council at Rhemes f. 250. D. He was divorced from his Queen f. 291. D. His hatred to Henry the Second f. 311. E. His kindness to the Rebellious Sons of Henry 2d f. 313. C. D. He was routed by King Henry and hindred a peace between him and his Sons f. 214. D. E. 215. F. Articles of Agreement between King Hen. and him f. 332. A c. He came into England to visit St. Thomas his Tomb f. 335. A. His kind reception by King Henry and beneficence to the Monks Ibid. His Son Philip Crowned and proves undutiful to him Ibid. D. E. His death f. 33â— D. Prince Lewis Son to Philip King of France chosen King of England by the English â—arons f. 5â—7 A. He encouraged the Barons to persist in their Rebellion f. 5â—â— A. His Reasons against King John and the Pope Ibid. E. F. His Claim to England f. 5â—9 l. â— He lanâ—ed in the Isle of Thanet Ibid. D. E. He was joyfully received by the Londoners and Barons f. 51â— A. He was excommunicated by Walo the Pâ—pes â—egat Ibid. E. His Envoys Objections and Replies to King John'â— Commissioners f. 512 513 He ravaged over Essex Norfolk and Suffolk Ibid. C. D. Alexander King of Scots did him Homage and aâ—iâ—ed him Ibid. â— 514. D. His designs against the English Barons discovered Ibid. E. F. His success against mâ—ny places in England f. 522. C.D.E.F. He passed over Sea and lost his interest with the Barons f 524. C. His Army routed at Lincoln f. 526. B. The Succors sent him by his Wife beaten and taken Ibid. E. F. The form of Peace between him and Henry 3d. f. 527. B C D. He borrowed Money of the Londoners and left England Ibid. E. His Answer