the 12th of October in the 25th year of his Fathers Reign as we have noted before and they were signed by him at Gant in Flanders on the Ninth of November following Walsingham says he did it in compliance with the wickedness of the times In arcto [3] f. 74. n. 4. pofitus cedendum Malitiae Temporis censuit On the 15th of September the Prince issued the [4] Append. n. Writs to the Sheriffs of every County to cause two Knights to be Elected and sent to him to London without any Directions to send Citizens or Burgesses so as they should be there on the sixth of of Parlement and yet no doubt but they were made by advice of his Council And therefore it seems that the Parlements or Great Councils of those times owned the Kings Charters under Seal and the Grants made by them to the People to be of good Force and Effect and that their Petitions to which he gave his Assent and caused to be put under his Seal were by them accepted and from time to time acknowledged as firm and valid Laws In the 28th year of his Reign the King led an Army into [5] Mat. Westm f. 433. n. 30. Scotland the Scots fled leaving about 400 of their slain behind them The Arch-bishop of Canterbury came to the King there and brought the Popes Command or Message to him That the Scots having submitted themselves to his Protection he should not presume to make War upon them any longer Whereupon the King returned into England and held a Parlement at Lincoln eight days after Hillary The Earls and Barons complain of the violence and injuries done every where by the Kings Ministers and Servants And again desired the Liberties conteined in Magna Charta might be so confirmed that from thence forward they might indure for ever [6] Ibid. f. n. 40. The King for some days was not very forward to gratifie them in their Requests but seeing their Importunity he told them he was ready to Grant and Ratifie what they desired and the Charters were renewed and sealed with the Kings Seal and carried into every County in England and the Arch-bishop of Canterbury with the other Bishops denounced the Sentence of the greater Excommunication against the Violators of them [7] Ibid. f. n. 50. Pro hoc confirmationis effectu concesserunt Comites Barones quintam decimam partem bonorum suorum Mobilium c. For this Confirmation the Earls and Barons gave a Fifteenth part of their Moveable Goods as they should be at Michaelmass next coming But Robert Arch-bishop of Canterbury would grant nothing for the Clergy not so much as from the Temporalties annexed to the Church without the Popes special License This Confirmation bears Date the 28th of March in the year above said This is the true History of the contention between the Norman Kings and Norman Barons from the 1st of Henry the First to the 9th of Edward the First just 200 years about their Liberties comprehended in these two Charters especially and their Pretences from them and Expositions of them Not one English Saxon Baron to be found as a Witness to or Promoter of them nor indeed scarce to any public Instrument Charter or Grant all this time And to any Man that will seriously consider what these Charters were then to wit all of them in the main but a Relaxation of the Rigor of the Feudal Law generally used in Europe cannot believe they were any others for the Descendents from the Normans at this very time possessed all the considerable Estates in England and it was Liberty that they pretended belonged to them in the enjoyment of their [8] See what is said of Feudal Law Feudal Tenure c. in the Glossary to my Introduction c. f. 39. E. c. and compare it with the main Articles in Magna Charta Feudal Estates they contended for and the Arch-bishops and Bishops always headed and managed them and began the Dance with pretences for their Ecclesiastic Liberty who were willing to have their Princes Favours as to the injoyment of their Temporalties or Baronies but were not willing to own any obligation or subjection to them in respect thereof But Sir Edward Coke doth not care to hear of the Feudal Law as it was in use at this time And hath a fine fetch to play off the Great Charter and interpret it by his Modern Law that was not then known or heard of And it hath been and ever was an Art of some Men to interpret and confound New Laws by Old Practice and Usage and Old Laws by late Usage and Modern Practice When perhaps if they would endeavour to find out the History of those Laws the Grounds and Reasons upon which they were made there would be found no congruity between them nor possibility of explaining one by the other but if the words sound alike 't is enough The same Sir Edward in the Epistle to his sixth Report Affirms the Common Law of England was here in practice 't is to be supposed before the Entry of the Romans Saxons Danes and Normans and that it was never altered by any of them And with Relation to this Opinion he says that Magna Charta was for the most part [9] Proeme to 2d Institut f. 2. And see 2d Instit f. 3. lin 3. Declaratory of the principal Grounds of the Fundamental Laws of England and for the Residue it is additional to supply some defects of the Common Law and it was no new Declaration Upon this Assertion no man can think but that he knew what the Fundamental and Common Laws of England were before the making of this Charter otherwise it was only a conjecture and he had neither Ground nor Reason for a Positive Assertion nor could he say it was Declaratory of the Common Law if he could not tell what that was If he did know it Egerâ—on Lord Chancellor Sir Francis Gaudy Chief Justice of the Common Pleas Fleming Chief Baron and Williams one of the Justices of the Kings Bench did not for in Prince [1] Cokes 8th Report Case the fiâ—st Henry's Case in Hillary Term in the Third of King James for the Establishing the first great Point which was argued in that Case they all agreed The Great Charter did cross and change divers parts of the Common Law Now if it did cross and change the Common Law it did not declare and confirm it for that 's Sir Edwards meaning nâ—r would a man think such a Charter could supply the defects of it I will leave these different Opinions to those that can Reconcile them and take notice of some of Sir Edwards particular Instances Magna [2] Second Instit f. 15. Charta C. vi Haeredes autem Maritentur absque Disparagatione Heirs shall be Married without Disparagement This he says is an Ancient Maxim of the Common Law It is most certain That the Lords of the Fee should have the Custody Warship
in the Kings Mercy and were not amercied or fined Of Incroachments upon the Kings Lands his High-Ways diverting or stopping Water-Courses incroaching upon Streets in Cities and Burghs c. Purprestures or the Kings Ways streightned Of Treâ—sure found Of Malefactors and their Receivers Of Fugitives who had been accused and were returned since the last Assise Of all Weights and Measures and Ells renewed and if See the Statute oâ— Assise of Weights and Measures before Four Men that were appointed to look after them in every Town that is City Burgh or Mercate Town had done as the Statute required and had attached or prosecuted the Transgressors or not if not they were to be punished as the Transgressors All his Wine that sold contrary to the Assise or Statute was to be seised to the Kings use and the Owners and Sellers of the Wine were to be in the Kings Mercy that is to be punished by him They were to inquire how many Hydes and Plough-Lands there were in every County and whether the Officers appointed to assess and collect the five Shillings upon every Plough-Land had done their duty and had received it of all or concealed any Of the Officers of Sea-Ports if they had received any thing they had not given an account of or taken any thing for concealing the Kings Right or if any one had received any thing that was not appointed a Receiver They were to inquire if all came as they ought that were summoned by the Kings Justices and what they were that came not and what their Names Before Hoveâ— f. 445. b. â— 30.40 this Iter or these Circuits of the Justices were over the Iter or Circuit of the Forests began The King commanded Hugh Nevill Chief Justice of All the Forests in England Hugh Wac and Ernis Nevill That in every County through which they went They should Summon to appear before them at the Pleas of the Forest the Archbishops Bishops Earls Barons and all Free Tenents and the Reeve and Four Men of every Town to Hear the Kings Commands This is the Assise of the Lord the King and these are his Precepts concerning his Forests in England made by the Assent and Advice of the Archbishops Bishops Earls Barons and Knights of the Whole Kingdom THe King Declares That if any one forfeits to him concerning his Venationem Venaison Fren. Venison Engl. Venison or his Forests in any thing he is not to trust to this That he shall only be punished in his Goods as hitherto For if after that time any one forfeited and was Convicted he should have full Justice done upon him as it was in King Henry his Grandfathers time That is he should Lose his Eyes and Testicles Also the King forbids that any one have Bowes and Arrows or Hounds or Greyhounds within his Forests unless he had the Kings Warrant or the Warrant of any other that was of right able to protect him Also the King forbids That no man give or sell any thing to the Destruction of his Wood nor do Wast in his Forest But he Grants that any Man may take of his own Wood as much as he shall have need of without wast and this by the oversight of his Forester and Verders Also the King Commands that they who have Woods within the Bounds of the Forest do set good Forestarios must be so translated here and the word will bear it for Foresta in a strict fence signifies Silva Saltus c. Woodmen to look after them and such as they will be answerable for or such as can give security to make satisfaction if they offend in any thing that belongs to the King Also he Commands that his Foresters take care of the Woodmen of Knights or others which have Woods within the Bounds of the Kings Forest that they do not destroy the Woods For if their Woods were destroyed he let them know whose Woods they were he would take satisfaction of their Lands and not from any other Person Also the King Commands that his Foresters shall Swear that according to their whole power they shall keep his Assize or Law which he hath made concerning his Forests and that they shall not vex or trouble the Knights or Worthy men about what he granted them concerning their Woods Also he Commands that in every County wherein he hath Venison there shall be twelve men appointed to preserve his Venison and Viride that is the Green-Wood and Herbage of the Forest Green-hue in his Forests And that there shall be Four Knights appointed to Agist his Woods that is take in a certain number of Cattle to feed there a certain time or to assign the number of Cattle to such as had right to feed in the Forest and to Receive his Pasnage or Pannage that is the money due for such feeding and to preserve it that it should not be diminished Also he commanded no man might agist his Woods that is put their cattel into them within the bounds of his Forest before their own Woods were agisted And it is to be noted that the Kings Agistment or right of feeding Catrel in the Woods and Forest begins fifteen days before Michaelmass and continues fifteen days Here must be some mistake but how well to rectifie it I know not after Also the King Commands That if his woods that were in his own hands or in Demeasn were destroyed and his Forester could not tell how his Body should be Imprisoned Also he commanded that no Clerc should offend concerning his Venison or Forests and that if his Foresters found them offending they should take them and he would Warrant them therein Also the King commanded that all Essarts as well old as new this is places where underwood and bushes had been Stubbed up and the land ploughed and sown which were within Regard or View of the Forest should be viewed once in three years and in like manner all purprestures and Wasts in Woods and that every one should be in rolled by it self Also the King Commanded that the Arch-Bishops Bishops Earls Barons Knights and Free-Tenents and all men of his land should come to the Pleas of the Forest at the summons of his Master Forester It was also forbidden at the pleas of the Forest that no Cart or Wagon should go out of the way in the Forest nor Hogs be in the Forest at the time of Fannatio the time when the Do's Fawn Foineson or Faoneson from the French Faon a Fawn Foinesun that is to say fifteen days before St John Baptist and fifteen days after and 't is to be noted that he which takes Venison in the Kings Forest and shall be thereof attainted shall be in the Kings Mercy as to the losing of his Eyes and Testicles and he that offended in the Kings Forest in the Green-hue or Vert by chopping down Trees or lopping of the Branches by Digging Tarves or slaying that is taking the Green-Sword of the Ground by cutting away the under part of Thickets
Court and if neither then he himself would do it There needs no more Instances in a matter so apparent and that never was disputed or denied That for many Kings Reigns Trials for considerable Estates in Lands Debts * Bacon's use of the Law c. p. 37. under fourty Pounds value and almost all Controversies were had in the Court Baron Hundred or County Courts [7.] Old Natur. Brev. fol. 2. Glan l. 12. c 6. The Writ of Right was always brought first in the Lords Court of whom the Land held [8.] Ib cap. 7. Writ of Right first brought in the Lords Court c. and could not be taken from thence into the County unless it were proved that the Lord failed in doing right and without such proof if they were removed the Lord might resume them and pass Judgment in his Court where both the Demandant and Tenent agreed the Land in question to hold of the same Lord. [9.] Ib cap. 8. lib. 3. cap. 7. But if they claimed to hold of diverse Lords the Case was then judged in the Court of the chief Lord or the County Court in the presence of the Lords they claimed to hold of who were summoned to be present at the Trial. * Glan lib. 9. c. 8 9 10. The Lord of a Manner his Right and Power over his Tenents The Lord also of a Manner by his own Right without the King 's or his chief Justiciaries Precept had Power by the Judgment of his Court that is by the Presentment or Verdict of his Tenents or Suitors to distrain his Tenents by their Goods or Lands if need were for his reasonable Aids Reliefs Services and Customs * Ibidem But if the Lord were not powerful enough to do himself Right against his Tenent in his own Court then he had a Writ directed to the Sheriff to do him right in the County before whom if the Lord proved his Relief Services c. to be his right the Tenent was not only forced to pay them to his Lord but was also fined to the Sheriff more or less according to the Custom of the County And as before the Conquest Controversies between People of the same Jurisdiction how all matters between Persons under the same Jurisdiction were triable in the same as all Actions of Debt Trespass Detinue c. * Dugd. Orig. Jurid fol. 29 31 c. Spelm. Gloss verb. comit fol. 143. Bract. l. 3. c. 7. And where they were tried were determined in every Decury Tithing or Township between those of the same Tithing Decury or Township But if the Parties litigant were of divers Townships then the Controversie was determined in the Hundred if they were of divers Hundreds then in the Trihing Lath or County * Bracton l. 3. cap. 7. Controversies between men of different Jurisdictions when and where tried Suitors to the several Courts bound to appear under great Mulcts where the Sheriff was Justiciary And perhaps if they were of divers Counties then they had right done them in the King's Court. So it was for Persons within the Jurisdiction of the same Mannor Hundred or County but if they were under the Jurisdiction of several Lords Hundreds or Counties their Differences were determined by a Superior Court whether it were the Court of the chief Lord Sheriff or King And for the more certain doing of Justice and Right all the Suitors within the Jurisdiction of the several Courts especially those of the Hundred and County Court [7.] Spâ—lm Gloss 303. c. 1 Doomesd Tit. Cestreshire in Derby hund claus 3. H. 3. in dorso in 13. claus 9. H 3. m. 11. in doâ—so were bound to appear under Forfeitures (*) [7.] Doomes Tit. Cestreshire Derby Hund. The Punishment of such as went not to the Shire and hund Motes Such as went not to the Scire mote or County Court without reasonable excuse forfeited ten Shillings which was more than ten pound at this time Nor went to the Assembly of the Hundred when commanded lost five shillings great Mulcts and Penalties that there might be some present of the Neighbourhood or same Parish who did know the Land and things in question and who had been possessed of it and for what time And to this purpose in an Assize if [8.] Glanv l 2. cap. 1. Grand Custom c. 93. c. 113. none of the Jurors (x) Milites [8.] Spel. Gloss in verbo who though according to the notion of our times they were no Knights yet they were of the better sort of People in the Country and of the best Reputation such as held by Knights or Military-Service knew the Right it self or truth of the Matter and it were testified to the Court upon Oath recourse was then had to others until such were found who did know the truth but if some of them did know the truth and others not those that knew it not were set aside and others called into the Court until twelve at the least should be found to agree therein [9.] Ibidem Twelve at least ought to know the Thing in question Also if some of them did speak for one of the Litigants and some for the other there were more added to them until twelve at least did agree on one side and every of them was to swear being called thereto that they should not say falsly nor knowingly forbear to speak the truth [1.] Glanv l. 2. c. 17. and Grand Custom c. 113. By their own proper view and hearing And further that such as were sworn might have the better understanding of the matter it was required that by their own proper view or hearing they have had knowledge of the thing in question And by [2.] Cap. 12. Magna Charta it appears that the Assizes or Trials of (y) [9.] Nometh in Assize of Novel Disseisin Mort. de Ancester what Where one was lately disseized or dispossessed of his Lands or Tenements Rent Office c. Novel Disseisin and (z) [1.] Ib. in Assize de Mort. de Ancester Where Father Mother Brother Sister c. died seized or possessed of Lands Tenements c. and a Stranger according to the Law Phrase abateth that is entereth upon them before the Heir takes Possession Mort D'ancester were only to be taken in their (a) As in Normandy in their proper Balliages or Bayliwicks which were answerable to our Counties before the Bayliff who was Judge of the Assize there Grand Custom c. 93 98. proper Counties and by Justices sent by the King and the (b) This way of trying Titles by Juries or something very like it was used upon the making the general [2.] Selden in praef ad Eadmer fol. 15. Doomesd Tit. clamores in Sudtreding c Survey of England in the time of William the Conqueror and not only so but about that time viz. about the year 1077 or 1078. There seems to have been [3.] Ingulph
or Member and then the Appellate being acquitted receded from that Appeal unless the Justices upon any other Suspition thought fit to retain him Of these Combats in Cases Criminal [5.] Selden de duello c. 11. some are for Tryal of Crimes against which the Law by (f) Segar in his [9.] Fol. 137. Honour Military and Civil gives several Instances of Combats granted by the Kings of England upon Accusation of Treasons between Party and Party when the truth of the Cause could not be proved by witness or otherwise ordinary course may proceed and of these the Justices of the Kings-Bench have the ordering Battel in Criminal Cases under the direction of the Kings-Bench Or Court of Chivalry others for Purgation of Offences against Military Honour and Treasons committed beyond the Seas anciently without Remedy by the Law of England which the high Court of Chivalry has cognisance of by Law of Arms. Those in Civil Causes were [6.] Dugd. Origin Jurid fol. 6. under the disposition of Itinerant Justices or the Justices of common-Common-Pleas In Civil Cases under the disposition of the Common Pleas. For the Bill of Challenge the Ceremonies in Arming the Combatants fitting and allowing their Weapons the preparing the Lists the Introduction of the Approver and Defendant of their Oaths upon matter of Fact which were contradictory word for word to one another the Office of the Constable and Mareschal and other Circumstances Preparatory to the Combat See old Customs of Normandy c. 68. Bracton lib. 3. cap. 21. Segar's Honour Military and Civil lib. 3. c. 17. fol. 131. Dugdale's Origines Juridiciales fol. 68 c. 76 c. where they are at large treated of And Spelman's Gloss in verbo Campus where is described the manner of Combat both according to the Mareschals or Military and also according to the Civil or Court of Common Pleas Tryal by Duel in Tothilfields A. D. 1571. as it was performed in Totil Fields near Westminster 1571. The whole Court of Common-Pleas being adjourned or translated thither from Westminster-hall Dier as Chief-Justice and all the Judges sitting upon a Tribunal there erected and all the Serjeants taking their places in their Solemn Scarlet Habits In a Writ of Right between Simon Lowe and Thomas Paramour for a Mannor and certain Land in the Isle of Harte by the Isle of Shepey in Kent This way of Tryal from the Lombards This way of Tryal by Combat as that of Ordeal and the Judgment of twelve men came to us out of the North [1.] Selden de duello from the Lombards who coming out of Scandia (g) * Selden de duello Scandia contained Norway Swethland Danemarke and other Regions North of high Germany over-ran the chief Countries of Europe and is thought to be instituted by Frotho the Third King [2.] Saxo. Gram. Ed. Francofurt fol. 86. n. 20. of Danemarke at the time of Christ's Bâ—rth who among other Laws made this that every [3.] Ib. fol. 77 n. 40. f. 81. n. 10. Controversie should be determined by the Sword And so pertinacious were these Northern People in this way of Judgment that it continued [4.] Olaus Worm monum Dan. f. 70. in Holsatia unto the time of Christian the Third King of Danemarke who began his Reign Anno Domini 1535. [5.] Ib. fol. 71. Luitprandus King of the Lombards attempted to abrogate this wicked Custom of Tryal by Combat but in vain And though he had heard that many had lost their Right by this sort of Judgment yet the Custom of his Country was such as he could not prohibit it Campiones a Campo From these Northern Nations we had both name and thing Campiones Champion says the Learned Spelman [6.] Gloss in verbo campus A Campo as Forensis a Foro and [7.] Monumenti Dan. fol. 62. Campio Champion a Kemp. or Kemp From whence Cimber Olaus Wormius tells us that he was called Campio or as we Champion whom the Danes called Kempe that is a Warrior or Gigant and the most Valiant or Stout man which the Danes or Northern People as suppose the Lombards or Scandians called Kemper the Romans according to their Idiom expressed by Cimber Writ of Right now become obsolete But whatsoever high Reputation a Writ of Right had as the highest Point of the Common Law of England for the Tryal of Propriety either by the Recognition of twelve lawful men or by Duel yet are [8.] Spelm. Gloss fol. 103. both these ways of proceeding now become almost obsolete and out of use But all things having constantly had their Execution from the Kings Writs and Commands let us see who and of what Quality they were to whom these were directed immediately and for some time after the Norman Conquest That they were directed to the Justiciaries of England or that they had power from the King either to make them out or to give order for their making out and direction to the Earls in their several Counties Vicounts Sheriffs or such as had the Power over and Government of Counties and places whither they were sent cannot be doubted And the first Justiciaries we find to be after the Conquest Norman Justiciaries were both Normans Odo Bishop of Baieux in Normandy half Brother by the Mother to the Conqueror Odo and William Fitz-Osborn Justiciaries and William Fitz-Osborn [1.] Gul. Pictav f. 208 D. who was Vice-Roy and had the same Power in the North that Odo had in the South was the chief in William's Army most dear to the Normans and therefore he knew would be a Terror to the English He [2.] Order vital 521. D. was Sewar of Normandy and had given him here the Isle of Wight and County of Hereford of whom more in the Life of William Next after them [3.] Order vital fol 493. B. William Earl of Warren in Normandy and a great Commander in the Battle against Harold and [4.] Ib 535. A. Richard de Benefacta alias Richard de [5.] Gemeâ— l. 8 c. 15. lib. Doomesday Tonebridge Son to Gilbert Earl of Brion in Normandy 1073. were made chief Justices of England who summoned to the Kings Court divers Rebels c. In the great Plea between Lanfranc and Odo before-mentioned Goisfrid Bishop of Constance Justiciary Odo Justiciary Goisfrid Bishop of Constance in Normandy was Justiciary and all those great men of England who were to cause the Sheriffs of every County to restore to the Bishops and Abbots their Lands which were taken from them to whom the before-noted Precept was directed were all Normans In the beginning of William Rufus [6.] Hen. Hunt â—ol 212. b n 40. Odo Bishop of Baieux and Earl of Kent was again Justiciary and chief of all England [7.] Malmsb. in W. 2. fol. 67. b. n. 30. William de Carilefo Bishop of Duresme succeeded him in this Office a Norman also and he was in
passed but with his consent and advise that is nothing could be Sealed without his allowance or privity as it there appears But the Justiciary surmounted him and all others in his Authority and he [4.] Spelm. Gloss f. l. 331. alone was indowed with and exercised all the Power which afterwards was executed by the four Chief Judges that is the Chief Justice of the Kings-Bench the Chief Justice of common-Common-Pleas Steph. Segrave Mat. Paris A. D. 1234. Chief Baron of the Exchequer and the Master of the Court of Wards As Sir [5.] Ibidem Henry Spelman makes it out by the Articles exhibited against Hubert de Burgo there cited out of Mat. [6.] Fol. 376. n. 30 40 50. Paris and other Instances [7.] Spâ—lm Gloss ut sup The Barons by right of Dignity in all Cases many others by Right of Tenure and most by Priviledge granted by Chartre were not to be impleaded for their Lands and Tenements but before the King or his Capital Justiciary Some Remains there are to this day There remains somewhat of the Office of the old Justiciary in the Chief Justice of the Kings-Bench of this great Office in the Chief Justice of the Kings-Bench all England as to keeping the Kings Peace and Dignity of the Crown and some other Matters is under his Jurisdiction and therefore is stiled Chief Justice of England This great Officer had his Original from [8.] Spelm. Gloss fol. 332 Normandy and was the same in Power and Office with the ancient (*) From the Teutonick Sehen or Saxon Theon to see videre inspicere scale servus or Minister as it were the chief Minister or Inspector of the Family Major Domus Dapiser Scon. Somn. Gloss in verbo or Seneschallus and so from this great Service and general imployment called Seneschallus Normaniae Seneschal thereof or very like him anciently there was wont says the [9.] C. 10. Grand Customs of Normandy a certain Superior Justice called the Prince his Seneschal to travel and pass through all Normandy The great power of the Justiciary which name we received from Normandy Grand Cust c. 384. he corrected the Delinquence of inferior Justiciaries took care of and secured the Prince his Lands caused to be observed the Rights and Laws of Normandy and rectified what had been less justly done by the Bayliffs and removed them from their Office if he thought it convenient He also inquired into the Vsages and Customs of the Forest and caused them to be observed every three years he passed through and perambulated every part of Normandy and visited every (a) Bayly-wic was a portion of the Dukedom of Normandy Bayly and Balywic what Si inventus saerit in Balliva sua Grand Cust c. 4 answerable to our County having respect to that Province and hence that expression in the King's Suit to the Sheriff of a County or Shire it was greater than a Vicount and contained many of them the Bayliff was an Officer appointed by the Prince and had greater Power and Jurisdiction in greater Causes than the Vicount he was Judge of and had Power to hold Assizes in his Balliage to keep the Peace of the Prince to hold Pleas of the Sword or Crown and had cognizance of Arms and arming the People Bayly-wic and inquired into all the Excesses and Injuries done there by Sub-Justiciaries he likewise took notice of all publick Thieves Rapes Murders Burnings or Fireings of Houses and all other Pleas of the Sword or as we call it the Crown of Treasure digged out of the Earth Mines Wrecks Water-courses changed or not kept High-ways changed or stop'd up c. doing right in all these and many more things there enumerated This great Officer was also General Vice-roy and Guardian of the Kingdom in the Kings absence and sometimes made Peace and War by the advice of the chief Nobility as may be observed in the following History The Determination of this great Office This mighty Office of Justiciary received many gradual Diminutions and at length determined about the [1.] Dugd. Origin Jurid fol. 20. 45 th of Henry the Third there being afterwards a Chief Justice in each Court of Kings-Bench and common-Common-Pleas appointed [2.] Spel. Gloss fol. 334. men less eminent in Quality not of the highest Nobility or greatest order in the Church without great Alliances in Blood and a numerous Train of Clients and Followers less Popular and so less Factious and more easily to be commanded by the Prince yet more knowing in the Law which by this time was become a [3.] Ibidem very sublime Mystery very intricate and involved Inferior Ministerial Officers all Normans For other inferior Ministerial Officers Earls Vicounts Bayliffs Lords of Hundreds and Maners before whom Titles and Causes of smaller Consequence were tried 't is evident they were all Normans none but they injoying any considerable Lands Liberties or Jurisdiction as must be acknowledged by all that know any thing of the Catalogue of Proprietors in * Append. n. 10 Doomesday Book or have well considered what Gervasius [4.] L. 1. c. 23. Tilburiensis says in his Book de Necessariis Scaccarii observandis to that purpose a Person beyond exception being an Officer in the Exchequer which Court then took notice of all the Estates in England one way or other Nor were the Judges and Lawyers of those times in all probability other than Normans for then they were most if not all [5.] Dugd. Origin Jurid fol. 21. Clergy-men and so were they in Normandy as is manifest by the [6.] C. 9. Grand-Customer where 't is said the Judges are Sage Persons and Authentick which in Court give judgment of those things they have heard as Archbishops Clergy-men Judges and Lawyers in Normandy Bishops Canons of Cathedral Churches and other dignified Persons Abbots Priors and Rectors of Churches famous for their Honesty and Piety and the most of the great Clergy-men in this Nation then as Bishops dignified Persons Abbots Priors c. were Normans William [7.] Hoved. fol. 259. b. n. 30 40. A. D. 1070. depriving very many of the English of their Ecclesiastick Honours and put those of his own Nation into their places as a means to confirm him in his new acquests and 't is not to be doubted but great numbers of the inferior Clergy as well Regular as Secular came over with them who were exercised in the Controversies of the Norman Law for Confirmation whereof there were in the Reign of William Rufus so many of the Clergy Lawyers that [8.] Fol. 69. b. n. 10. All Clerks Pleaders Malmesbury said there was nullus Clericus nisi causidicus No Clerk which was not a Pleader If therefore the Justiciaries Chancellors Earls Sheriffs Lords of Maners such as heard Causes and gave Judgment were Normans if the Lawyers and Pleaders were also Normans the Pleadings and Judgments in their several Courts must of necessity
quot bobus et averiis singulae carucae valeant instaurari et quot et quantum instauramentum singula maneria possit sustinere et tunc aperte et distincte in scriptum redigantur Erit autem pretium bovis 4 Solidi et vaccae similiter et averi similiter ovis crispae 10 Denarii et ovis lanae grossioris 6 Denarii et suis 12 Denarii et verris 12 Denarii et cum firmarii firmas suas dimiserint de praedicto pretio respondebunt vel de animalibus pacavilibus in optione firmariorum et cum omnia praedicta instaurata fuerint et appretiata omnia imbrevientur apertâ— et distincte et deferantur ad Scaccarium Excipiuntur autem de hac assisa Episcopatus et Abbatiae et terrae Baronum qui proximi sunt aetati Inquiratur etiam per Sacramentum praedictorum de omnibus Wardis et exchaetis quae non sunt in manu Domini Regis et capiantur in manu Domini Regis et de illis fiat sicut de aliis exchaetis et Wardis In the Month of September â— 1194. the King sent Itinerant Justices through all the Counties of England who were to proceed in doing Justice according to the under-written Heads or Articles The Form of Proceeding in Pleas of the Crown FIrst Four Knights are to be chosen of the whole County which upon their Oath shall choose Two Legal Knights of every Hundred or Wapentach and those Two shall choose upon their Oaths Ten Knights in every Hundred or Wapentach and if there be not Knights enough Lawful and Free-men so as those Twelve together may answer to all the Articles which concern that Hundred or Wapentach Articles of Pleas of the Crown THe Justices shall inquire and determine New and Old Pleas of the Crown and all such as were not determined before the Kings Justices Also of all Pleas of In those â—as the Verâ—ct was called Recognition â—d the Jurors â—ecognitors Novel Diseisins and all Pleas which were summoned or brought before the Justices by the Writ of the King or Chief Justice or sent before them from the Kings Capital Court Also concerning They are â—nds or Proâ—s that fall to â—e King or â—ord of a Manâ—er by Forâ—iture or â—eath of a Teâ—ant without â—eirs Escheats what they were and had been since the Kings Expedition to Jerusalem and what were then in the Kings Hands and whether they are now in the Kings Hands or not If they were taken out of his Hands how and by whom and to whose Hands they came and in what manner And who receives the Issues and Profits of them and what the Profits are and what was and now is their value and if there be any Escheat which belongs to the King and is not in his possession Also of Churches which were in the Kings Gift Also of Wardships of Children and Young Men that belong to the King Also of the Marriages of Maidens and Widows that belong to the King Also of Malefactors their Receivers and Incouragers Also of Falsonars such as forged and counterfeited false Charts and Writings Also of the Killers of Jews who they were and of the Pawns of the Jews that were slain of their Goods Lands Debts and Charts who had them in their possession and what their value The Pawns and Debts of the Jews to be taken into the Kings Hands and those that were present at the Killing or Murthering of the Jews and have not made Fine or Composition with the King or his Justices let them be taken and not delivered but by the King or his Justices Also of all Ayds given for the Redemption of the King who and how much every one promised how much paid and how much in Arrear Also of the Favourers or Abettors of Earl John who have made Composition with the King and who not Also of the Goods and Chattels of Earl Iohn and his Favourers which are not yet converted to the Kings use how much the Sheriffs and their Bayliffs have received and whether any one hath bribed them contrary to the Antient Customs of the Kingdom Also of all the Lands of Earl Iohn such as he had in his own Hands his Wardships and Escheats of such as had been given him and for what cause they were given him all to be taken into the Kings Hands unless such as the King confirmed to him Also of the Debts and Fines due to Earl Iohn and for what cause due They were all to be required for the Kings use Also of Vsurers that were dead and their Goods Also of Wines sold contrary to the Assise and of False Measures of Wines and other things Also of such as undertook the Crusado and died before they set forward toward Jerusalem who had their Chattels what and how much Also of So called from the Tryal of Right which was the greatest Tryal and was brought into Court by a Writ of Right by which the Jurors were directed to discover who had more right to the Land in question whether the Demandant or the Tenant and Possessor Great Assises which were of Land worth an Hundred Shillings a year and under Also of Defaults that is non-appearances in Court chiefly at a day assigned Furthermore they were to choose or see there should be chosen Three Knights and one Clerc in every County who were to note and set down or hold the Pleas of the Crown and no Sheriff was to be a Justitiary in his own County nor in any County he held since the first Coronation of the King Furthermore all Cities Burghs and the Kings Demeasns were to be Taxed by the Iustices Itinerant The Justices The Itinerant Justices were named I suppose though omitted by the Historian named together with the Bayliffs of William of the Church of Saint Mary and Geofry Fitz-Peter and William de Chimelli William Bruer and These were Commissioners for the Management of the Kings Wardships and Escheats undoubtedly in the Iter assigned to these Justices or perhaps all over England Hugh Bardolf and the Sheriffs of the Places should cause the Knights in the County named in a Roll to be summoned that they come at the day and to the place they shall have notice of to swear before them That they would use their utmost lawful endeavour to stock all the Kings Ward-Lands and Escheats and improve them to the Kings best profit and not omit for the hatred fear or favour of any Man And the Knights named in the Roll were to choose upon their Oaths Twelve Lawful Knights or Lawful and Legal Free-men if Knights were not to be found in several parts of the Counties in the Iter of the foresaid Justices as they should think fit who in like manner were to swear That they would Apply their utmost lawful Endeavour Counsel and Help to stock improve and let to Farm the Kings Ward Lands and Escheats in those parts to the profit of the King as aforesaid And the said Jurats or sworn Persons were
to perform their Services There were very few Free-hold Lands according to the present Notion of them Nor were the Proprietors of them of much Esteem until the Military Men parted with so much of their Estates as their Fees grew very narrow and scanty so as they could not support their Military Service and Charge and the Burthens as they then accounted them of attending at Hundred and County Courts and upon the Justices in their Iters or Circuits and Sheriffs in their Turns but either sent their Attorneys or Deputies or by Laws of their own making forced the inconsiderable Free-holders or Soccagers upon that Drudgery Nor were these Military Men any other than Normans or the Descendents from them that made this Noise and were the Cause of so much Blood being spilt for their Liberties as they called them which were for the most part nothing but the Relaxation of several Rigorous Exactions and Usages of the Feudal Law relating to their then Fees and Estates as was said before which at first their Ancestors had received from the Conqueror without those Easie Terms and that Abatement of the Strictness of the Law they required For however afterwards and of Late Times that Tenure was esteemed a Thraldom yet it did at first begin upon a Voluntary and Desired Submission and for many Centuries of years had the Reputation of the most Free and Noble Service and all other Tenures whether in Soccage or otherwise were esteemd Base and Ignoble in respect of it And that the Maintainers of the Contest for their Liberties against our Norman Kings were themselves Normans or their Descendents is more than Evident from the Witnesses Names to King Henry the First his Charter who were all Normans and from the thirty six Bishops and Great Men Witnesses to King Stephans Charter of Liberties who were likewise all Normans or Strangers nor is there to be found amongst the Commanders on either side in the War between Queen Maud King Stephan and Henry the Second one English Saxon. The Witnesses to King Henry the Second's Charter were also Normans The Bishops and Great Men mentioned in King John's Charter as Granted to them were all of the same Nation or Foreigners And most if not all the Bishops Earls and Barons that were Witnesses to Henry the Third his Charter were of the same Condition And which is more all or most of the Witnesses and Grantees mentioned in any of the Charters of the Norman Kings after the middle of the Reign of William the First were Normans or Foreigners and there is scarce any one Earl Baron or Great Man to be found in all these Kings Reigns that was not of Norman or other Foreign Extraction And yet in spight of Truth and Matter of Fact we find nothing in our Common Histories of these Times but the Brave Feats performed by the English for their Fundamental Rights and Liberties Nothing in Sir Edward Coke Mr. Selden Mr. Pryn and all late Writers when they chop upon these Times and mention any thing relating to them but the Magnanimity of the English in Appearing for their Birth-rights and the great Privileges they had formerly injoyed no body knows nor can tell when or where when in very Deed they were not English but incorrigible Norman Rebels against their own Norman Princes from whom they or their Ancestors had received so many and so great Benefits and Favours In King Henry the Thirds time the Controversie was not about the Great Charter it self the Granting and Confirmation whereof he never denied but only about the meaning and interpretation of it which then by Law belonged to the King De * Bracton p. 34. a. n 3. Chartis vero Regis factis Regum non debent nec possunt Justitiarii nec privatae personae Disputare nec etiam si in illa Dubitatio oriatur possunt eam interpretari in Dubiis obscuris vel si Dictio aliqua Duos contineat intellectus Domini Regis erit expectanda Interpretatio voluntas cum ejus sit interpretari cujus est Condere Concerning the Charters of the King or Deeds of Kings neither the Justices or any private Persons ought or may Dispute nor when there may arise a Doubt in any one of them may they interpret it for in Doubtful and obscure Passages if any Word conteins two meanings the Kings Mind and Interpretation is to be expected when as he that made and Granted ought to Interpret it The Barons and Bishops as often as they had a mind to Quarrel with the King Clamored against him for not observing the Charter of their Liberties and he thought they Extended it too far Thus they began and as oft as they pleased could improve these Clamors almost into a perfect Rebellion especially if they prefaced them with the Invasion of the Liberties of Holy Church for that then by the Assistance of the Clergy and Religious equally influenced the People and moved them to Sedition and Tumult as pretended Oppression of Conscience and Destroying their Religion by the Management of the Dissenting Brethren do at this day From hence it was they stifly insisted upon it to have a Power to * See Answer â—o the Rights of the Commons asserted â— 131 132 c. choose the Justiciary or Chief Justice and send into the several Counties Itinerant Justices such as might Interpret the Points of the Charters and Execute the Laws to their Advantage and according to the Humor and Clamor of the People of the Faction But notwithstanding their objecting to the King his neglect and non-observation of the Charter they either would not be or thought not themselves obliged by it for besides what hath been hinted in the General Preface fol. 40. B. they used and practised Arbitrary Dominion and Power over their Tenants and Neighbours refusing to be Justified that is to receive Justice from the King and his Court or to observe the Articles of the Great Charter which concerned them For Remedy whereof the 1 2 3 4 5 20 and 22 Chapter of the * Pulâ—on's Staâ—utes f. 16 17 c. Statute of Marleborough made in the 52d year of Henry the Third were provided So that we see those Factious Barons when they had secured their own Liberties rather made use of them to Oppress than Relieve their Tenants and Neighbours The Practices of these Men were not well understood by our Ordinary Writers who have nothing but what they commonly find in the Monks the only Historians of those times and they Wrote the Actions of Kings and Great Men and rendred them good or bad as they were more or less Kind and Beneficient to the Church Church-men and themselves and Extolled or Defamed them as they appeared for and favoured their Ecclesiastic Liberty Who would not think Simon Montfort Earl of Leicester a great Patron of the Liberties of the People a Saint an innocent Person and good Subject that barely reads the Monks of those and succeeding times
and such Modern Writers as have since followed them He professed himself the Champion of Church-Liberty and by that means made himself the Darling and Favourite of those Men and the whole Clergy and they gave him a Character and Transmitted his Memory to Posterity accordingly though really he was the greatest Hypocrite and Traytor that had been heard of in that Age. The old Bone of Contention the Feudal or Military Law and Tenures are now taken away by Act of Parliament and the Judges without contradiction possessed of a Power to intrepret the Law as it now stands the free use whereof is denied to no Man As to his Property it cannot be invaded for in any Controversie with the King he may have equal Justice as if it were with an Ordinary Person and as to Liberty no man can suffer a long Confinement unless it be by Law directed for some very heinous Crime By Time and the Concessions of our Kings the Subjects of this Government have and may enjoy all Freedom and Happiness that Sober Rational Men can desire and such as is no where to be found but in this Island and the Dominions to it belonging nor can any Man that Loves his Prince or Country wish for any other than the present Constitution It is a sad Return of ingrateful Men pretending to Purity of Religion and the most Refined Christianity to Christian Princes for their Indulgence to and Protection of them for the greatest Immunities and Privileges granted to them to take all Occasions and Opportunities to Requite them with Affronts and Rudeness with Seditious and Disloyal Practices to the Disturbance of the Peace and Quiet of the Nations and also Shedding the Innocent Blood of the People by God Almighty committed to their Charge For here never was Pact between King and People nor Fundamental Terms of Government agreed between them nor indeed ever was there or is it possible for any such thing to be in any Nation of the World Matter of Fact so long as we have any Memorials of it in these Kingdoms shews the contrary And I shall be very Thankful to any Man and give him leave to Reprove me that can Produce any other than what is here delivered from Authors of the same Credit and such as lived in or very near the Times when the Things were done Through the whole Course of the History I have not Laboured after an Exact and Even Style nor can it be Expected where there is such Variety of Matter and where Men are confined to and limited by the Translation of other Mens Language There is nothing my own but the Method and Version and whether the last be Faithful and Just as it ought to be I Submit my self to the Censure of the Impartial Reader Nor have I made any Reflections or Politic Observations upon what I have written from the Relations of others which some are so much in Love with as they Esteem nothing to be History without them Let these Men injoy their Opinions it may be others will think that they serve only to Pervert and Disguise Matter of Fact and make History Romantic and that such as cannot understand it without them can make no Right Use of it with them At the Court at WHITE-HALL JVLY 13th 1685. Let this BOOK be Printed Sunderland THE General Preface TO the Romans originally all Europe is obliged for the Civility Literature Laws and Government it now injoys who Inhabited wheresoever they Conquered and strengthened their Provinces two ways by Colonies and Garrisons L. Lips de Magnitud Rom. Imper. c. 6. Every Colony was an Image and Representation of Rome it self with like holy Rites like Courts Laws Temples and Places of Public Commerce and for the most part governed by [a] Duumviri from the Number Two because there were two of them Panciroll de Magistrat Municipal c. 8. Duumviri why so called Their Office Ibid. c. 1. Decurions what they were Ibid. c. 19. Aediles what they were Rosin Antiq. lib. 7. c. 11. Praetors what they were Ibid. c. 43. Provincial Praetors what they were Ibid. c. 4â— Quaestors what they were after the Example of the Roman Consuls they were the Judges and Chief Officers in their Cities Corporations or Municipal Towns unless the particular Custom of any Place was otherwise their Camps and Villages not having such yet sometimes a single person had this Title and executed soley the Office of both sometimes a greater number than Two as in our Cities and Corporations sometime a Major sometimes Bailiffs are the Chief Magistrates Duumviri in stead of Consuls [b] So called because in the first setling of Colonies every Tenth Man was Assigned and Chosen out for the Common Council They were as the Aldermen twenty four forty eight and Common Council men in our Corporations Decurions in place of a Senate [c] From Aedes so named because at first they had the care of Sacred Houses and Temples and afterwards of Bargains and things sold that there might be no cheat and that what was exposed to sale might not be vitiated or corrupted They also had the inspection of Ways Streets Rivers Aquaeducts Sinks ordinary and common Houses c. that all of them might be kept Neat and Clean and in excellent Repair that so the whole might appear decorous and beautiful Aediles and other Municipal Officers Besides this of Strength and Safety there were other Reasons and Advantages after Rome was much Augmented for the Institution of Colonies as sending forth the Superfluous Multitude the Poor and Burthensom Comunalty providing rewards for super-annuated and over-worn Soldiers the teaching of Arts Cultivating and Civilizing the Barbarous People When the Romans had Subdued all Italy and brought under their Power many other Countries Not. Imp. or c. 98. which they called Provinces they sent into every one of these a Praetor or General to Govern it and when afterwards by a further Progress of Arms their Dominions were much more inlarged they Ruled the Greater Provinces by [e] Such as had born the Office of Consul Proconsuls the Lesser by Praetors and [f] Consuls were at first called Praetors but when the Consuls were called abroad by War or other great Business from the City then were Praetors first Erected to do Justice in their absence he was the Guardian or Keeper of the Civil Law The Provincial Prâ—tors such as here mentioned gave sentence according to Law he was a Judge or Chief Justice and in urgent occasions managed the whole Affair of War Praetors were various and their Office also various according to the diversity of Times [f] Quaestors were Treasurers or Receivers and Expenditors of the Public Money at first afterwards they had other Powers as the Hearing and Determining Causes c. and in the Declining Empire were as Chancellors to the Emperors Quaestors But when Augustus was made Emperor he Changed the Form of the Common-wealth Ibid. Augustus changeth the form of the
Common-wealth and divided the Provinces between himself and the Roman People those which were most quiet and remote from Enemies he gave to them such as bordered upon the Enemy and were most hazardous he kept to himself lest the People having the Command of Soldiers and Arms might turn them against him Ibid. Their Magistrates he called Proconsuls although they had never been Consuls or Chosen out of Senators that had born that Office they had no Power over the Soldiers nor did they wear a Sword or Soldiers Habit Those which he sent into the Provinces Legates or Lieutenants who so called that he reteined himself he called Legates or Lieutenants although they had been Consuls and Vice-Praetors that is had born the Office of Praetors Not. Imp. or c. 98. Cities how many a Province conteined Every Province conteined ten or eleven [g] Not. Imp. or c. 98. Cities and chief Cities what Ibid. c 33. Praetorian praefect what he was They were such Places as had Courts for Hearing Causes Duumviri Judges or Magistrates Executing Justice but the greater Cities or Metropoles such as had a Prâ—tâ—rium or Palace a Gymnasium a School or Place of Philosophie Exercise a Theater Court and Bathes Cities at least and they were Various according to the Diversity of Times in the beginning all were Praetors because Governed by Praetors but after the Conquest of Asia and Achaia there were two kinds of Provinces Pretorian and Consular which were Governed by Proconsuls the Magistrates or Officers in Italy were Pretorian and Consular those abroad were Propretorian and Proconsular Ibid. Constantin the Great changed this Constitution and the Form of Government in the Empire Alâ—iat T. 2 de Magistrat c. 471. Constantin Institutes 4 Praetorian prefects and Instituted four [h] The Praetorian praefect at first only Commanded the Emperors immediate Guard and from these those constituted by Constantin had their Denomination and had the greatest Trust in the Empire committed to them by succeeding Emperours from whose sentence there was no Appeal c. Pretorian Prefects one of the East another of Illiricum a third of Italy and a fourth of Gallia These had their Vicars or Deputies under them who likewise had the Command over several Presidents Consulars and other Magistrates according to the Extent of the Country where they were Deputies or Vicars Three degrees of Provinces There were three Degrees of Provinces the Greater the Middle Not. Imp. or c. 98. and the Less The greater Province were Ruled by the greater Magistrates or Spectabiles the Conspicuous or Notable How ruled and by whom such were Proconsuls Comites Counts c. The middle were Consular Provinces not that they were governed by Consuls or Proconsuls but by Senators sent with Consulary Ornaments These were sometime governed by Correctors which were inferiour to them of Consular Dignity because they used not their Ornaments Yet they commanded over the Soldiers and wore a Sword and Military Habit Maxima Cesariensis Valentia Consular Provinces See these Explained in the Notes upon the History in Valentinian And also these three Presidial Provinces Britan. 112. which the Proconsuls did not Maxima Caesariensis and Valentia were Consular Provinces in Britain and Governed by [i] There were two sorts of Consuls before Constantin the Ordinarii and Suffecti The Romans dated their Records although they continued not a whole year in that Office Consulars who the Ordinary were the usual annual Consuls or were such as began their Consulship in the bâ—ginning of the year or on the first of January whence the other were Substituted Consuls these last Constantin called Consulares or Honorary Consuls from the Consulary Ornaments they had which were Instituted by Julius Caesar Sueton. in Julio c. 76. Such also were called Consulares that had born the Office of Ordinary Consuls but these were not of that Number Consulars The less or smaller Provinces were subject to Presidents by such were Ruled Britannia prima secunda Flavia Caesariensis for what Reasons in those times the three last Provinces were accounted the least and worst and the two former the greater and better I know not Camden says the Empire declining those Provinces had only Consular Magistrates which lay next the Enemy such were Maxima Caesariensis and Valentia in Britain Whatsoever the first Institution was of these Dignities and Imperial Commands yet what distinct Jurisdiction and Powers belonged to them I find not sufficiently cleared by any Author I have seen especially since the time of Constantin in whose Reign the Aera of the Declining Empire is rightly fixed I am apt to think the same Government Power and Jurisdiction or very little different might be Used and Exercised by Persons of various and different Titles they all having the same See Alciatâ— Breviary in his second Tome 482 483 485. and Panciroll in utramque Notitiam and upon the several Magistrates Lib. 2.64.688 Digest Lib. 8 Tit. 6. or not much different Offices and Courts of State with almost the same Officers attendant upon them yet so as they were distinguished by their several Ensigns Habits Symbols and other Discriminations of meer State and Honour according to the first Institution This Conjecture wants not some Authority to Confirm it Zosimus Reports that the Vice-Pretor was called Duke And Virius Lupus Propretor or Lieutenant was called President by Ulpian Panciroll says those which Governed small Provinces by Special Appellation were called Presidents Not. Imp or c. 99. yet all Proconsuls and Governours of Provinces were conteined under the General Name of President and they agreed in very many Things as well as Name According to the General Opinion the Civil Government of Britain after the time of Constantin was committed to a Vicar or Deputy of the Pretorian Prefect of Gallia under whose Direction or Disposition were the two Consulars Alciat Tome 2d 482. and three Presidents before mentioned In his Office or Court of State he had these Officers The Officers of the Vicarâ— Court ibid. Princeps c. Principem de Schola agentium in rebus ex [k] A Decree or Order of Mâ—n in this Body so called from the Ducenarii in a Cohort which commanded two hundred Men See Panciroll Not. Imp. or c. 64. And here it may be noted that the Officers in the Courts of Magistrates had the resemblance of Officers in Military Cohorts Ibid. c. 20. Ducenarii and from thence their Names and were raiâ—ed by degrees to Honour as in that the Names of Military being transferred to Civil Officers whence the Magistrates Office had the name of Cohort or Court which we at this day retein ducenariis The Chief or Principal of this Court who gave Direction to the other Officers was of the Society or Corporation of the Emperors Emissaries Panciroll Not. oâ— c. 64. Spies and Pursuivants and Superintendents of the [l] Alciat Tom. 2. â—35 Post Horses kept at the
Pictaviensis wrote the Acts of William the Second Duke of Normandy and King of England commonly called the Conqueror he was first a Soldier [4] Order Vit. f. 503. D. f. 504. A. afterwards a Priest and a long time Chaplain to William and Arch-Deacon of Lisieux he wrote such things as he saw and was present at but ended [5] Ib. f. 521. C. his History in the year 1070. Ingulphus [6] Hist Croyland f. 513. b. n. 40. ib. f. 514. lin 3. Abbat of Croyland sometime Secretary to William the Conqueror when Duke of Normandy whose Father also had born Office in the Court of Edward the Confessor He wrote the History of Crowland Abbey [7] Ib. f. 518. b. 11.20 and as they fell in many other matters he Translated many Charters and Chirographs out of Saxon into the Latin of those times wherein he renders many Saxon words and things by the legal phrase and Dialect of the Normans He was installed [8] Ib. f. a. 515. lin 8. Abbat 1076. and wrote some part of his History at least after the Survey finished for he [9] Ib. f. b. 516. n. 10. took a Copy of the Lands belonging to Croyland Abby out of it Gulielmus Gemeticensis [1] Order Vit. Prolog li. 3. f. 458. A. a Monk of Gemeticum now Jumegies a Monastery in Normandy abbreviated Dudo and wrote the Acts of the succeeding Dukes and [2] The Epistle to Duke William f. 215. A. B. Dedicated his work to William the Conqueror The Acts of Henry the First imputed to him were probably wrote by some other Sigebertus [3] Rob. de Monte A. 1113. Gemblacensis a French man born and Benedictine Monk of Gemblours in Brabant he wrote a Chronography from the year 381 to the year 1112 in which he dyed it being continued by Robert [4] Trithem p. 150. de Monte to the year 1210. Paul the Deacon or Warnefrid a Monk of Cassino now St. Germano in the Kingdom of Naples by Nation an Italian or Lombard [5] Sigebert de Script Ecclesiast c. 80. for his Learning was called into the service of the Emperor Charles the Great Florentius [6] Bal. de Script Ang. Cent. 2. c. 66. Bavonius a Monk of Worcester wrote a general History from Adam unto the year 1118 which was continued unto the year 1141 by another Monk of the same Monastery and dyed 1119. 19 o. Hen. 1 mi. Eadmerus [7] Selden praefat ad Eadm f. 1â—â— ex Pits Aetate 12.199 Surnamed Canter or Chanter born in England a Monk of Canturbury of the Order of St. Benedict afterwards Abbat of St. Albans and lastly Bishop of St. Andrews in Scotland was a great friend and intimate of Anselms Arch-Bishop of Canturbury a companion with him in his Exile and privy to all his Counsels and actions he was [8] Simon Dunelm 1121. made Bishop of St. Andrews 1121 in the 21 st year of the Reign of Hen. 1 st and was a Monk of Canturbury in the Conquerors time being in the company and presence of Arch-Bishop Lanfranc when he received the first news of Williams Death as he testifies of himself f. 3. lin 42. Ordericus Vitalis a Monk [9] F. 548. A. 824. A. B. c. of Vticum or the Monastery of St. Ebrulf now St. Eurole in Normandy born in England Anno Domini 1075. and lived 67 years At [1] Praefat. ad Script Norm eleven years old was entred into that Monastery A. D. 1086. and there lived 56 years his History is chiefly Ecclesiastic but intermixt with much secular Story and continued unto the year of our Lord 1121. He dyed An. Dom. 1142. Simon [2] Selden in Prâ—fat ad Script X. Antiqu Dunelmensis ended his History Anno Domini 1130. in the 30 th year of Hen. the 1 st and Dyed not long after he was a Monk and Prâ—centor of that Church of Duresm and a Learned Man in that Age but transcribed much out of Florentius of Worcester The Continuer of Florence [3] By his own testimony f. 672. in fine a Monk of the same Monastery who continued his History from the year 1117 to the year 1142 he lived and wrote in the time of King Stephen William a Benedictine Monk of Malmesbury Dedicated his History to Robert Duke of Glocester Natural Son to Henry the First who began to Reign Anno Domini 1100 and dyed 1135 he wrote unto the year 1144 as appears in his [4] Toward the later end Novels he wrote from the first coming in of the Saxons to his own time Henry Arch-Deacon [5] Balaeus f. 192. of Huntington wrote a History of the Kings of England and retired to Rome and lived there some time for that purpose He was in his time accounted a Learned Man and continued his History unto the year 1154 he flourished in the Reigns of Henry the First and King Stephen After whose Death he only mentions the coming in of Hen. 2 d. and so ends his History and took much of his History and Transcribed in many places Florence of Worcester verbatim Roger de Hoveden [6] Selden in Praesat X. script antiq He was one of the Kings Domestic Clercs Ben. Abb. p. 60. b. in fine was a Priest in Oxford and a Domestick in the Court of Henry the Second in many or most things he followed and transcribed Simeon Dunelmensis and added many things out of other Authors and wrote well and faithfully he wrote the Annals and memorable passages of the Romans Saxons Danes Normans and English to his own time Quadrilogus or the Author of the Book Intituled [7] In the Prologue de Vita processu Sancti Thomae Cantuariensis Martyris Super libertate Ecclesiastica Collected it out of four Historians who were Contemporaries and conversant with him in his height of Glory and lowest Depression viz. Herbet de Hoscham Johannes Carnotensis William a Monk of Canturbury and Alan Prior of Tewkesbury and they are brought in or named as Relators of matter of Fact interchangeably Printed at Paris by Master John Philippi an Alman in the Street of Saint James In fine istius libri at the Sign of St. Barbara Anno Domini 1495 on the second of April The Pages are not numbred nor but few of the Chapters Gervase the Monk of Canturbury commends his Readers to three of these in his Relation of the Acts of this Thomas Col. 1637. n. 40. for their further satisfaction viz. to Herbert John and William and in the Acts of the Council of Clarendon and Northampton in Labb Tom. 10. Col. 1425. 1433. c. and others This Book is much used by the Name of Quadripartita Historia Ranulphus de Glanvill [8] Sub effigie Claud. D. 2. Chief Justice of England in the time of Henry the Second wrote de lâ—gibus Consuetudinibus Angliae These in a Ms. Book in Cottons Library are Intituled Henry the Seconds Laws [9] Hoved.
Burroughs are held by Custom of the Burrough both which we have and ever had here from the Conquest though not perhaps the former in purâ liberâ Elemosynâ as in the Saxon times The Normans also had Fiefs (f) All Services base and ignoble but Military Services These held by Rent or Cens ignoble Services all * Berault fol 112. and Article 158. Services in ancient times being esteemed base and ignoble but Military Services these were not permitted the use of Arms being only allowed the practise of Husbandry and Merchandise Roturiers the same or very like our Soccage Tenure In Soccage And Bordage and Tenure by Bordage which was a drudging (g) Len doibt Scavoir que acune que tien son fief per vil Service c. And ye ought to know that such as hold their Fiefs or Fees in base Service as Roturiers ought not to have a Court of their Tenents of their own Fee such as Bordiers ceux qui servent a sac a somme which do drudging Services carry Sacks and Burdens c. and others which owe Villain Services as to drain Marshes and Moors to Dung or compast Grounds make Hay and do other Villain Services Grand Custom C. 53. In sine servile Tenure and those that held such Lands could neither give sell nor Morgage them See Grand Cust C. 28 29 30 c. with the Gloss Or servile Tenures Gavelkind there also See Berault in many of the Vicounties They had also a Tenure not much unlike our Gavelkind if not the same as appears there c. 26. de portionibus and this Custom is used to this day in several Vicounties of Normandy and in the Vicounte of Baieux where Odo made Earl of Kent by the Conqueror was Bishop Berault fol. 714.715 and might be brought from thence into Kent by him Having thus briefly given an account how men held their Lands and what propriety they had in them about and for some Ages after the Conquest and the Laws by which they were regulated The second Argument I shall make use of to prove that men held their Estates by the Norman Law The Exchequer in England the same with the Norman Exchequer and that it was the chief Law in use here shall be the consideration of the Court of Exchequer which as * Lib. 1. c. 1.4 Gervasius Tilburiensis de Necess Scac. obs a sure Author reports was here from the very Conquest and instituted according to the Patern of that in Normandy and was erected there by Rollo as Revise saith Notes on Grand Cust fol. 8. [2.] Ib. fol. 9. b. The Authority of this Court was so great that no man might contradict a Sentence pronounced here and not only the Law and the Affairs concerning all the great Baronies of England and all such Estates as held in Capite were transacted there but many Laws or Rights were discussed and many Doubts determined which frequently arose from incident questions for the excellent knowledge of the Exchequer consists not in Accounts only but in multiplicity of Judgments Common-Pleas holden in the Exchequer And Common-Pleas were usually held in this Court until the Eight and twentieth of Edward the First it was [3.] Aâ—tic supra cart c. 4. Enacted That no Common-Plea should be henceforth held in the Exchequer contrary to the Form of the great Charter In this Court sate the [4.] Gerv. Till lib. c. 4. What Persons Judges and Assessors in the Exchequer Capital Justiciary the Chancellor Treasurer and as many of the most Discreet greatest and knowing men real Barons whether of the Clergy or Laity as the King pleased to direct The Business of the Court was not only Accounts and what belonged to them but to Decree Right determine doubtful Matters which arose upon incident Questions to hold Common-Pleas Pleas of sundry and divers Natures judged in that Court as before and to judge what chiefly concerned all Capite Lands and the great Baronies of England The great Officers and other great men that sate here were all Normans or of Norman Extraction which probably neither well understood nor spake the English Tongue nor much less had time to learn know or understand the Common-Law of England being then and ever since the Conquest [5.] His Reading de finibus p. 3. Lex non Scripta [6.] Ibidem divinely cast into the heart of Man as Sir Edward Coke affirms unless they received it this way by Inspiration How then could Judgments be made and Sentence given in this Court by any other than the Norman Law By what hath been said it doth in a great measure appear that the English and Norman Laws were the same yet to make it more plain I will add a very brief Abstract of the old Norman Laws out of the old Customs Jurisdiction was either Feudal or Commissory Grand Cust C. 2. A Brief Abstract of the Norman Laws Feudal was that which a man had by reason of his Fee by which he might do Law or Right in Plaints belonging to his Fee and in all Plaints moved against the Residents within his Fee unless such as appertained to the Dutchy i. e. Royal or Pleas of the Sword or Crown Commissory Jurisdiction was such as was committed to any one by the Prince or Lord to whom it belonged as to a Bayliff C. 3. This was the way to do Justice by forcing the Execution of the Law Seneschal or Provost c. the Prince only had a full Jurisdiction of all lay-Lay-Pleas that came before him That is he might if he pleased judge and hear all sorts of Pleas. Alcun Justicie bien ses Hommes Telle Justice est faict per prendre membres ou fien ou Corps Quis bene Justiciat homines suos Such Justice was done by Caption of Goods the Fee or Body and was called Justicement c. 6. forcing of men to do Justice by one of these three ways according to Law C. 4. Justiciers or Justices Justicier sive Justiciarius Nomen accepit eo quod Justiciandi homines habeat potestatem The Justiciary took his name from bringing men to Justice or doing Justice to them The Justiciaries were Superior or Inferior appointed by the Duke to take care of and guard his Country The greater were the Masters of the Exchequer who had power to amend les Torts the Wrongs which the Bayliffs had done Bayliffs what they were in Normandy The Bayliffs were called the less Justices because they had not power to do Justice out of their Bailywicks which were but seven Principal ones in all Normandy The Bayliff had power to do Justice and Right to the People under him to keep the Peace to end or determine Plaints to destroy Thieves Murderers Burners and other Malefactors Plaints were to be carried to the Justices and they were bound to receive them and to take Pledges for Prosecution to assign a day for hearing to keep a Court and to
the Land he passed away or to give so much other Land in lieu of it to him that vouched him to warrant it C. 51. 67. Wrong in Word or Deed as Battery and Defamation were Actions personal Actions of wrong Possession of Fees Moveables or Chattels were possessional De Tort faicte Tort. Wrong or Tort was the Fountain of all Contention C. 5â— Forcible Entry Forcible Entry and breach of the Peace contrary to the Dignity of the Duke and Peace of the Country C. 53. Gloss Tit. Court Pleas of the Sword By Charter from the Duke Knights Earls Barons had Courts c. Of all these Pleas and also Pleas of the Sword the Duke hath his Lay-Court And also by Grant and Charter from the Duke Knights and such as hold freely Earldoms and Baronies and other Dignities Feudal whether Military Fees or Frank Sergeanties or other Frank or Free Fees have their Courts of their Residents in simple Plaints And of light and weighty Matters of Moveables and Heritages and of Thefts yea although they were to be determined by * Glanv l. 8. c. 9 Battle But such as were not noble Tenents or held by vile Services as Bordiers and such as performed drudging and villain Services had no Court or Vsage over Tenents in such Fees C. 52. Tit. de Haron our Hue and Cry There was a Court of the Cry called Haron with us Hue and Cry to which all that heard it were bound to go And there was an Inquest whether the Cry was rightfully or wrongfully levied for it was never raised but in Causes Criminal as for burning Houses for Theft Murder Robbery or other great and apparent Mischiefs or danger They begun at the place the Fact was done and pursued the Malefactor from Parish to Parish with noise and Arms until if they could they had taken and rendred him to Justice and for neglect in the Parish or Peoples making this Cry and pursuit they made fine to the Duke This was called a Plea of the Sword or as we call it of the Crown because such Malefactors ought to be restrained by the Sword and Arms and ought to be put in Prison and bound Such Plaints are called Criminal Ibidem Plaints Criminal for which a man loseth Life or Member others are called simple by which the Malefactor is only chastised as a Child with a Rod. The Court of some Plaints is in the Vicount of some in the Assize Plaints in the Vicount Assize Exchequer of some in the Exchequer In the Vicount were only Holden Simple Plaints What Plaints in the Vicount and the amends of Defaults in the Assize and such Plaints as ought to have the term of fifteen days that is were holden from fifteen to fifteen days And such as were holden in this Court were called Pleas Vicountel Pleas Vicountel Every great Plaint as Breach of the Peace Cases Criminal Ib. Gloss K. What Plaints in the Assize and Exchequer Cases touching Noble Fees and all the like great Plaints could not be determined but in the Assize in the Exchequer or before the Prince where the Determination was Recorded And for this reason these Courts were furnished with more Sage men than others that the Plaints might be more discreetly determined The Exchequer was an Assembly of high or Superior Justiciers C. 56. What the Norman Exchequer was to whom it belonged to amend the Judgments of the Bayliffs and lesser Justiciers and to correct their Errors to render right to every man without delay as from the mouth of the Prince to preserve his Rights and to recall such things which had been evilly and fraudulently granted away or put out of his hands and to observe every where as with the Eyes of the Prince those things which appertained to his Dignity and Honor. The ordinary way was Ib. in the Gloss The Office of Bayliff and Vicount that the Vicount corrected the ill Judgments and Errors of the base Justicies under him and the Bayliff those of the Vicount and the Exchequer those of the Bayliff A Plaint or Clamor is C. 57. A Plaint or Clamor what Plantiff bound to prosecute when any one shews by complaint to the Justicers the wrong that is done him who have power to receive them and to take Pledges of the Complainants that they will prosecute them The Plaintiff thus bound C. 58. if he appeared not in Court at the day appointed him and if his Adversary then appeared he had leave to go without day if the Suit were concerning a Lay-Fee To go without Day what and the view were made and the Plantiff pursued not his Claim but made Default he was not to be heard any more in that Matter To lose by Default And if the Defendant made Default in that Case he ought to lose the Seisin of the Fee which was shewn or viewed C. 62. Glanv l. 2. c. 3. Witnesses c. Witnesses sware to what they heard and saw and were ready to do as the Court should award no man to witness in his own Case nor his Heir for him nor any Partakers in the Plaint or Relations C. 63 64 65. Pleaders Conteurs Attorneys There were Pledeurs Conteurs and Attorneys that pleaded and managed Cases in Normandy to these are answerable our Serjeants Barresters and Attorneys C. 66. View before Tryal Land demanded by Battel or Writ of Right Knights c. made the view There were also views of several things required before Tryal view of the Fee view of the Sick person view of the Mischief done view of the person slain view of the defloured Virgin c. The view of the Fee or Land in question when it was demanded by Battel or a Writ of Right and generally in all Pleas or Controversies concerning the Inheritance was made by four Knights and twelve lawful-men Novel Disselsin view made by Knights Languor view made by Knights In Novelle Disseisines and all Plaints brought after the manner of Novel Disseisin which were for Possessions the view might be made by twelve lawful men without Knights but it were better if Knights were there if they might easily be had The view of Languor or Sickness was made by * Glanv lib. 1. c. 19. The same here four Knights The view of Murder Homicide Mayheme or wounds inflicted by force was made after the same manner The view of a Virgin defloured was made by seven Matrons of good Credit C. 67. C. 51. Tit. de Querelles Pleas or Plaints some are personal some real personal either by Deeds or Words by Deeds as by Battery or Wounds C. 68. Glanv l. 14. c. 3 Murder Battel In Suit of Murder R. complains of T. that he Feloniously murdred his Father being in the peace of God and the Duke and that he was ready to prove it c. If T. denies it word for word and offers gage to defend
unanswerable Arguments in the Preface to the third part of his Reports These Arguments are drawn from two Heads Record as he calls it and History But all the Record I find cited to that purpose in this Preface to the third part of his Reports is a Writ of Novel Disseisin out of Glanvil [9.] Lib. 13. c. 33. l. 4. c. 16. n. 2. and Bracton in this form Rex Vicecomiti Salutem Quaestus est nobis A. quod B. injuste sine judicio disseisivit eum de libero Tenemento suo in E. c. ideo tibi praecipimus quod si praedictus A. fecerit te securum de clamore suo prosequendo tum facias Tenementum illud reseisire de Catallis quae in ipso capt fuer ipsum Tenementum cum Catallis esse in pace usque ad primam Assizam cum Justiciarii in partes illas venerint interea facias 12. liberos legales homines de viceneto illo videre tenementum illud nomina eorum imbreviari From this Writ in Glanvil who was made [1.] Hoved. fol. 342. b. n. 30 chief Justice of all England 1180. by King Henry the Second one hundred and six years after the Conquest Preface to his third Book of Reports he collects four things how I know not first that before the Conquest time out of mind there were Sheriffs in England which though I think is not to be collected from this Writ is readily granted to him there were such Officers Sciremen Sciregerevs or Aldermani who had the government of the County held Courts and were Judges in them yet perhaps not altogether the same with the Sheriffs in the Norman or our times Secondly That all that time there were Juries of twelve men This also may be granted him though I see not how it will be inforced from this Writ nor proved any other way Twelve men mentioned in the Saxon Laws were Assessors for the twelve men or Jurors mentioned in the Saxon Laws were Assessors and had their share in giving Judgment as appears by the Text it self Thirdly That all that while there were original Writs and Writs of Assize which are the Rules and Principles of the Commune Law of England and therefore that Law was before the Conquest and received no Alteration or change from the Conqueror How this can follow any ways from the consideration of this Writ it doth not appear to me The Forms of our ancient Writs in the Grand Customer of Normandy And further the very forms of most of our ancient Writs are to be found in the Grand Customer of Normandy as hath been shewn which makes it very probable that they were not used here until the Entry of the Normans And with this accords Mr. Lambard in his [2.] P. 64 65. The Saxons Proceeding in Judgment was de Plano without Writs c. Manitio according to the Saxon way in Germany Archion where he says that the Saxons proceeding in Judgment was de Plano without Solemnity and therefore so far as he could observe they did not use to call the Parties by any Writ or writing but to send for them by certain Messengers which they termed Theies perhaps rather Theows or Thegens that is Ministers or Servants and if it had been otherwise that there had been the same Forms of Writs and the same Formality in Law Proceedings before the Conquest as after and at this day they would have been found in Books somewhere reserved in one Monastery or other or they would have been delivered from one to another and preserved by Tradition as well as the very Commune Laws and Customs themselves which were Jus non scriptum as all the Patrons of the Antiquity of our Law affirms [3.] Ibidem And when that manner of Summoning by Writ was brought in here yet was not the Sealing of them forthwith committed only to the Chancellor for you may see in Glanvill's Book that some original Writs of his time had this Form * Glan l. 1. c. 6. Writs sealed by the Chief Justice See also Hoved. fol 445. b. n 10. For Writs in Grand Assize issued by the Justiciary Teste Ranulpho de Glanvilla who was then Chief Justice under whose Sealing the Writs passed which takes off and fully answers his fourth and last Observation or Consequence he would draw from this Writ which is that before the Conquest there was a Court of Chancery because in his time original Writs did all issue from thence and from no other Court and were sealed there And further it appears by what hath been said in the first part of the Saxon History that in those times where the Law was too severe and rigorous all Appellants from it for Equity or where they had not Justice done them in their County Courts found relief in the King's Court which was the only Court of Appeal according to the second of [4.] Lamb. fol. 63. The Normans that wrote after the Conquest called and expressed many of the Saxon Officers and things by Norman names and words Edgar's Laws The rest of his Infallible Arguments in this Preface are from Words and Phrases found in old Charters of Liberties and the like pieces of Antiquity as Vicecomes Hundredus Servitium Regis Redditiones Socharum c. from which he would infer the existence of the Commune Laws of England before the Conquest as they were in his time because then these words were also used in our Laws Particular Liberties and enjoyment of many Customs there were certainly very many granted by our Saxon Kings to many Persons and Places and in some sort continued to them by the Conqueror which yet were but Liberties particular Particular Liberties not the Common Law of a Nation and not the Commune Law of the Nation for had it been they might of Commune Right have claimed it without special Grant seeing it was always the practice of all Nations to allow the People the use and benefit of their clear and known Laws The Laws of Engl. proved from the Terms to be rather from the Normans than Saxons And if there were any cogency from these Words and Terms used here in the Law both before and since the Conquest to prove the Identity of it in those times the Argument would be ten times more forcible from such terms of the Law as were not found here before the Conquest nor perhaps for some time after Norman Law Terms to prove that our Law was the Norman Law such as are Fee-simple Fee-Farm Franc-Fee Grand and Petit Sergeanty Escuage Burgage Villenage Assize Mort D'ancestor Novel Disseisin Court Vice-Comes Consuetudo Custuma and a great number more in the Book of Tenures and elsewhere obvious which Mr. Somner [5.] P. 104. sayes in his Gavelkind and every one knows are all of the Norman Plantation and we by the Normans brought acquainted with them and indeed from them we had very near all our Law Terms and
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
Treason and Malicious Burning and in all things aforesaid except in small Thefts and Roberies which were committed in the time of War as of Horses Oxen and lesser â—things II. No Strangers to be lodged above one Night in a House and to depart in the day time â—It shall not be Lawful for any Man in Burgh or Town to Lodge a Stranger above one Night in his House without bringing him to Examination unless he hath a reasonable Excuse which the Host is to make known to his Neighbours and when he goes from his House he is to do it before his Neighbours and in the â—day time III. No one can deny any Felony he hath confessed before the Justices or what he hath confessed before he be apprehended â— Si quis saisitus de Murdro vel de Latrocinio vel Roberia vel falsoneria inde sit cognoscens vel de aliquâ aliâ Feloniâ c. If any one be apprehended for Murder or Theft or Robery or Forgery or any other Felony he hath committed and confesseth it before the Hundredary or Chief Magistrate of the Hundred or Burgh and before Lawful Men he cannot deny that afterward before the Justices Et si idem sine saisinâ coram eis aliquid ejusmodi recognoverit c. And if any one without being apprehended shall confess or acknowledge any such Crimes before such Persons he â—cannot deny it before the Justices IV. â— Si quit obierit Francus Tenens c. If any Franc-Tenent dies Heirs to inherit what the Father died seizâ—d of and to satisfie Legacies If unâ—r Age the Lord oâ— the Fee to receive his Homage and Wardship The Relict to have her Dower his Heirs shall remain in Tali saisina qualem pater suus habuit c. in such Possession as their Father had of his Fee in his Life time and they shall have his Catals or Goods and satisfie the Devise or Legacies of the Defunct and afterwards they shall repair to the Lord and satisfie him for his Relief and do all other things they ought concerning their Fee and if the Heir be under Age the Lord may receive his Homage and have the Wardship of him so long as he ought other Lords if he have any may receive Homage of him and he may do to them what he ought The Relict of the Defunct may have her Dower and such part of the Goods as belong to her If the Lord of the Fee denies the Seisin or Possession to the Heirs of the Defunct which they claim the Kings Justices may make Recognition by twelve Legal Men what manner of Seisin the Defunct had in his Life time and according to the Verdict restore it to the Heirs And if any one doth contrary to this Statute and be thereof attainted inde attaintus fuerit â—he shall remain in the Kings pleasure V. â—The Kings Justices shall cause a Recognition to be made of Dissaisins from the precise time the King came into England after he â—made Peace with the King his Son VI. â—The Justices shall Administer the Oath of Fealty to the King by the Close of eight days after Easter The Oath of Fealty to be Administred to all Persons within eight days after Easter or Whitsunday All that refuse to be looked on as the Kings Enemies or at furthest eight days after Whitsunday to all Earls Barons Knights Free-Tenents and also to Rusticks or Husbandmen who will stay in the Kingdom and he that will not take the Oath of Fealty shall be taken as the Kings Enemy and the Justices have power to command all such as have not done Homage and Allegiance to the King to come at a time â—appointed by them and do to them as to their Liege Lord. VII â—The Justices shall do all manner of Law and Right belonging to the King or his Crown by his Writ The Justices empowered to do all manner of Right in the Kings absence If the Controversie be weighty to be referred to the King or his Vice-Roy or the Writ of his Vice-Roys in his absence concerning half a Knights Fee or under unless the Controversie be so weighty as it cannot be ended without the King or of such a nature that the Justices ought to Report it to him for his satisfaction or to his Lieutenants or Vice-Roys and they shall according to the best of their skill and power do what â—is for the Advantage of the King VIII â— Faciant etiam * * Assisa sometimes signifies Mulcta The Justices to inflict Punishment upon Malefactors by the Kings appointment Assisam de Latronibus iniquis Malefactoribus terrae quae assisa est per Consilium Regis filii sui Hominum suorum per quos ituri sunt Comitatus The Justices also shall inflict such Punishment upon Thieves and wicked Malefactors in those Counties they pass through which was set and appointed by Direction â—of the King his Son and their Men. IX The Justices to take care that Castles be demolished and destroyed â—The Justices shall take care that the Castles that are demolished be throughly demolished and that such as are to be destroyed be levelled with the Ground and unless they do this the King will â—have them judged in his Court as Contemners of his Precept X. ' The Justices shall enquire of Escheats of Churches Lands ' and Women that are in the Kings Donation XI The Kings Bayliff to answer Perquisites as well as set Rents â—The Kings Bayliffs shall answer at the Exchequer as well for the Perquisites as the set Rents in their Bayliwicks except such as â—belong to the Sheriff and his Office XII â—The Justices shall enquire of Castle-Guards and from whom and how much and where they are due and shall inform the King â—thereof XIII â—A Thief when he is taken is to be committed to the Sheriff if the Sheriff be not near he is to be carried to the next Castellan or Constable of a Castle and he is to keep him until he delivers him â—to the Sheriff XIV Those that flee out of the Land to be Outlawed if they return not within an appointed time â—The Justices shall cause Enquiry to be made by the Custom of the Land for such as are fled or gone out of the Kingdom and unless they will return within an appointed time and stand to Right in the Kings Court they shall be Outlawed and their Names returned into the Exchequer at Easter and Michaelmass and from â—thence sent to the King In the Feast [6.] Hoved. f. 314. b. n. 40. of Easter this year young King Henry and his Son Richard Earl of Poictou and Geofry Earl of Britany were with their Father at Winchester and after that Solemnity the three Sons with their Fathers leave passed into Normandy Young Henry with his Brothers go into Normandy Richard with his Brother Henry overcomes the Brabanters and reduces them Richard forthwith went into Poictou raised an Army and
Churches which they received by the Pontificial Law were safe For whatsoever was against the true faith of the Church and against the Laws of God could not in bona fide legitime observari in good faith and Lawfully be observed Also a Christian King hath no Dignity by the use whereof the Liberty of the Church which he hath Sworn to maintein must Perish Further those which you call Royal Dignities were sent to the Pope to be confirmed and brought back rather disallowed than allowed by him he hath shewn us an Example and taught us that we should do so being ready with the Roman Church to Receive what that Receives and to Refuse what that Refuseth Yet further if we failed in any thing at Clarendon for the flesh is weak we ought to take Courage and by the virtue of the holy Spirit to strive against the old Enemie who Endeavours that he which stands may fall and that he which hath faln may not Rise If we promised any injust things there or confirmed them in the Word of Truth you Know such unlawfull stipulations do not oblige The Bâ—shops [1] Ib. p. 32. Col 1. The King Excusiâ—g the Bishops exacts Judgment from the Earls and Barons agaiâ—st the Arch-Bishop Certain Sheriffs and Barons of a Second Rank were added to them return to the King in Peace being Excused from Judging the Arch-Bishop they sit apart from the Barons Nevertheless The King Exacts Judgment of the Earls and Barons Concerning him Evocantur quidam Vicecomites Secundae Dignitatis Barones antiqui Diâ—rum ut addantureis assint Judicio Certain Sheriffs are called and ancient Barons of a Second Rank or Dignity to be added to them and to sit in Judgment after a little while Proceres ad Archiepiscopum redeunt The Noble men return to the Arch-Bishop and the Earl of Leicester pressing some of them to pronounce sentence who refused it began to repeat the Business of Clarendon very particularly as the Bishop of Chichester had done before Quasi inde manifesta Erat Regiae Majestatis laesio promissionis in verbo veritatis ibi sactae transgressio as if he had been Guilty of manifest Treason or had broken his promise in verbo veritatis there made and bad the Arch-Bishop hear his Sentence But the Arch-Bishop [2] Ib. Col. 2. 〈◊〉 1 He refuseth to hear their Judgment And went to the Monastery of St. Andrew not willing to forbear any longer said What is it that ye will do Come ye to Judge me ye ought not Judicium est sententia lata post Contraversiam Ego hodie nichil dixi ut in Causa Judgment is Sentence given after the Controversie or Tryal I said nothing this day as to the Cause I have been Cited for no Cause Except that of John who Tryed it not with me and therefore you cannot Judge me I am your father ye are Noblemen of the Court of Lay power Secular persons I will not hear your Judgment The Noblemen retired and the Arch-Bishop went his way to the Monastery of St. Andrews in Northampton and Herbert and William Fitz-Stephan with him The King hearing [3] Ib. p. 33. Col. 1. The King caused Proclamation to be made none should revile or hurt him of his Departure caused Proclamation to be made in the Streets That no man should give him or any of his Retinue ill Language or molest them any ways After Supper that Night he sent three Bishops to ask Licence and safe Conduct from the King for his Departure who told them they should have his Answer in the morning but he fearing some ill from that Delay dare not stay This was the Seventh day of his appearing in Court [4] Ib. Col. 2. p. 34. Col. 1. The King and Council Consult what to do after the Arch-Bishops departure The Arch-Bishop of York and four Bishops sent to the Pope and that night he went away without Licence only accompanied with two Servants without either Clerc or Knight On the Morrow when his flight was known to the King and all the Council they considered what was needfull to be done and the Arch-Bishop was permitted to enjoy all the revenues of the Church of Canturbury because both sides had appealed The King sent presently beyond Sea to the Pope the Arch-Bishop of York and four Bishops Gilbert of London Hilary of Chichester Bartholomew of Excester Roger of Worcester and two Earls and two Barons with three of his Domestic Clercs The rest of that day was spent about Raysing some foot to be sent against Rese King of Wales and there was a certain number promised by every Ecclesiastic and lay person for the Kings assistance which was written down and so the Council was Dissolved The [5] Ibidem The Arch-Bishop lands at Graveling King sent after him to Dover and other Ports but he lay still in the Day time amongst his friends in several Monasteries and travâ—lled in the night and it was from fifteen days after the Feast of St. Michael untill the Second of November before he took Ship at Sandwich say most of the Historians and Landed at Graveling Quadrilogus of the Quadripartite History doth not in all things agree with this Relation of Thomas the Arch-Bishops Tryal And the Reasons of the Discord between the King and him The chief whereof was [6] Lib. 1. c. 22. The chief cause of the Difference between the King and Arch-Bishop That several Lewd irregular Clercs were accused of divers Crimes and one of Murther in the Diocess of Salisbury who was taken and Delivered to the Bishop thereof the Kings Officers and the Kinred of the Defunct call for Justice The Priest denies the fact which not being proved by his Accusers he was put upon Canonical purgation in which he fayled The Bishop of the Diocess sent to the Arch-Bishop to know the Law in that Case who commanded he should be Deprived of his Benefice His opinion and Direction how Criminal Clercs were to be punished and all his Life perform strict pennance in a Monasterie And thus all Debauched Infamous Clercs by Decree of the Arch-Bishop confirmed by the Sanction of Canons were to be punished in his Province and the Punishment to be greater or less according to the quantity of the Crime the Degree and Order of the person and the manner and Cause of perpetration At the [7] Ibid. The King as zealous for the peace of his people as the Arch-Bishop for the Liberty of the Clergy same time one Philip de Lydrois a Canâ—n of what Church t is not said Reproached the Kings Justiciarie for which he was not only Exasperated against him but the whole Clergie The Arch-Bishop punished this Clerc by causing him to be whipped with rods and he was suspended from his Benefice for some years But this satisfyed not the King who was as Zealous for the Peace of his People as the Arch-Bishop was for the Liberty of the Clergy who
ipse omnibus Diebus Vitae suae pacem honorem atque Reverentiam Deo Sanctae Ecclesiae ejus ordinatis portaret Then he Sware That he would Exercise right Justice and Equity toward or amongst the People committed to him Deinde Juravit Quod rectam Justitiam aequitatem Exerceret in populo sibi Commisso Lastly he Sware That he would abolish all Evil Laws and perverse Customs if any had grown up in his Kingdom and that he would make and Establish good Laws and without fraud or art would preserve them Deinde Juravit Quod malas Leges consuetudines perversas si quae in Regno suo inductae sunt Deleret bonas Leges Conderet sine fraude malo Ingenio eas custodiret After which the Archbishop having anointed put on his Vestments and Robed him [7] Ibid. b. lin 6. The Archbishop delivers him the Sword of the Kingdom to suppress Evil-Doers to the Church He forbids him to take upon him such Royal Honor unless he meant to keep his Oath Delivered him the Sword of the Kingdom to suppress the Malefactors of the Church Tradidit ei idem Archiepiscopus Gladium Regni ad Malefactores Ecclesiae Comprimendos And then the Archbishop forbad him in the Name of God to take such Royal Honor upon him unless he intended inviolably to Keep the Oath he had made [8] Ibid. n. 10. The King answered he would by the help of God keep it without fraud And then he took the Crown from the Altar and Delivered it to the Archbishop and he placed it upon his Head Archiepiscopus prohibuit ei ex parte omnipotentis Dei ne hunc honorem sibi assumeret nisi in mente haberet supradicta Sacramenta vota Quae fecerat inviolabiliter servare ipse Respondet se per Auxilium Dei omnia servaturum sine fraude Deinde ipse cepit Coronam de Altari tradidit eam Archiepiscopo Archiepiscopus ei posuit eam super Caput illius Paris and Brompton have the same things in their Relations of this Coronation in the places before-cited The Report of this Solemnity by Ralph de [9] Col. 647. n. 40.50 Diceto then Dean of St. Paul's who in the vacancy of the Bâ—shopric of London assisted at this Coronation Ralph de Diceâ—o his Account of this Coronation and Delivered the Oyl and Chrism with which the King was anointed to the Arch-Bishop as he used it Differs from the precedent Account As to the Oath and as to the Circumstance of the Arch-Bishops prohibition he hath not one word of it his words are only these Comes Piâ—avorum Richardus Haereditario Iure And of his Coronation-Oath promovendus in Regem post tam Cleri quam Populi solennem Debitam Electionem involutus est triplici Sacramento scilicet quod opem impendet pro viribus ut Ecclesia Dei populusque Christianus veram pacem obtineat Quod interdicet omnibus Rapacitatem Quod in Judiciis aequitatem praecipiet Misericordiam Richard Earl of Poictou being by Hereditary right to be Crowned after a Solemn and due Election by the Clergy and Laity took a threefold Oath That he would do his utmost that the Church of God and the Christian people might injoy Peace That he would prohibit Rapin That he would Command Judgments and Sentences to be done in Aequity and Mercy Many Jews came to this Coronation against the Kings [1] Mat. Paris f. 154. n. 10. Hoved. f. 374. b. n. 30. prohibition The Courtiers beat them cruelly out of the Church and pillaged them The City Rabble hearing of it fell upon them in the City killed many of both Sexes pulled down their houses and plundered them Jews cruelly abused and Murthered and under pretence of being Jews burnt and pulled down many Christians Houses Next Day the King sent his Officers and apprehended several of the Chief Malefactors and caused them to be hanged The Second Day of his Coronation Richard King of England Received the [2] Hoved. ut supra f. 375. a. n. 10. Homages and Fealties of the Bishops Abbats Earls and Barons and then exposed to sale his Castles Towns and Lands He sold to Hugh Bishop of Durham and by his Charter gave and granted to the Church of Durham in pure and perpetual Alms He receives the Homages and Fealties of his Nobility and exposes his Castles and Towns to sale The Maner of Sadbergh with the Wapentac and Knights Fees belonging to it For 600 Marks of Silver [3] Ibid. f. 37â— a. n. 10. Godfrey de Luci when Bishop of Winchester bought of him Weregrave and Menes and Samson Abbat of St. Edmunds-Bury bought of him the Maner of Mildenhal for a 1000 Marks and any other people that would purchased of him by which means he raised a great Sum of Money [4] Ibid. f. 375. a. n. 40. and Mat. Paris f. 154 n. 50. He makes the Bishop of Durham Justiciary for a Sum of Money The Bishop of Durham bought of the King the Earldom of Northumberland for a great sum of Money and gave him a 1000 Marks for to be Justitiary of England On the 16th of [5] Paris and Hoveden ut supra n. 50. He disposed of the Bishoprics by the â—ice of his Bishops and Great 〈◊〉 September the King went to the Abby of Pipewel in Northampton-Shire and by the advice of his Bishops and other great men gave unto his Brother Geofry the Arch-Bishopric of York to Godfrey de Luci the Bishopric of Winchester to Richard Arch-Deacon of Ely the Bishopric of Londoâ— To Hubert Walter the Dean of York the Bishopric of Saâ—isbury and to William Longchamp the Bishopric of Ely In this [6] Hoveâ— f. 375. b. n. 20. Council the King constituted Hugh Bâ—shâ—p of Durham Wâ—lliam Earl of Albemarle his Chief Justiâ—es of England and associated to them in the Government of the Kingdom William Maresâ—all and Geofry Fiâ—z-Peter William Bruer Robert de Whitefield and Roger Fitz-Remfrid In the mean while he had [7] Ibid. n. 30 He writes to the Pope to acquit some of his Subjects from the Service of the Cross sent to Pope Clement and obteined his Bull That all such as he would permit to stay at home for the Guard of his Kingdom should be acquitted from the service of the Cross they had sworn to perform by which power and indulgence he acquired very great Sums of Money In the Month of November [8] Ibid. f. 376. a. n. 20.30 A. D. 1189. The King of France gives him notice he had undertaken the Crusado and would be ready by Easter Rotrod Earl of Perch and other Envoys of the King of France came into England and acquainted King Richard that he in a great Council at Paris and all the great men of his Kingdom who had undertaken the Crusado had Sworn God Willing to be at * Now Viceâ—iacum Vizeliacum Vezelay in Burgundy in the
close of Easter to go forward to Ierusalem and in Testimony he had made such Oath he sent him his Chart desiring that he and his Earls and Barons would give him the like security to be there at the same time Whereupon King Richard and his Earls and Barons which had undertaken the service of the Cross in generali Concilio apud Londonias in a General Council at London or as [9] F. 155. n. 50. He and his Great Men promise the same Paris Convocatis Episcopis regni proceribus apud Westmonasterium c. did swear That by the help of God they would be there at the same time ready to go on as Desired and Rotrod Earl of Perch and the King of France his Envoys did swear the same thing on behalf of him in that Council and William Mareschall and other on behalf of the King of England took the same oath before the King of France his Envoys in that Council whereof King Richard sent to him the Chart. At this time there was a great Controversie A Controversie between the Archbishop of Canturbury and the Monks of Holy Trinity between Baldwin Arch-Bishop of Canturbury and the Monks of Holy Trinity there of which the Reader may see Gervase of Canturbury his Chronicle in this year and in this Month Iohn Anagninus a Cardinal was [1] Ibid. f. 377 n. 10. The Pope sends one to determine it but is prohibited by the King The King comes to Canturbury and composes it sent from the Pope to Determine it he came as far as Dover and was prohibited to proceed further unless by the King's Command in the mean while the King came to Canturbury and made concord between them upon these Terms That Roger le Norreis whom the Arch-Bishop against the will of the Monks had made Prior in the Church of Canturbury should be Deposed and the Chappel which the Arch-Bishop had built in the Suburbs of the City against their mind also should be Demolished and that the Monks should perform their obedience and profession to the Arch-Bishop as their predecessors had done Upon the Accord the King at the Request of the Arch-Bishop made the deposed Prior Abbat of Evesham After this [2] Ibid. n. 30. peace made the King sent for Iohn Anagnin the Cardinal who came to Canturbury and was received with Solemn procession yet took it ill that the Agreement was made between the Arch-Bishop and Monks in his Absence In the same [3] Ibid. n 40.50 Month of November Geofrey Elect of York with the Barons of Yorkshire and the Sheriff by the Kings Command went to the River Twede and there received William King of Scots The King of Scots does Homage to King Richard He delivers Roxburgh and Berwic Castles to him And releases the subjection of the Kingdom of Scotland and conducted him to the King at Canturbury where he arrived in the Month of December and did him Homage for the Dignities he was to have in England as his Brother Malcolm had them before And King Richard delivered him the Castle of Roxburgh and the Castle of Berwic and Quiet claimed and acquitted him and his heirs for ever from all Allegiance to himself and the Kings of England and also released the Subjection of the Kingdom of Scotland And for this Restoring of his Castles and quiet-claiming of the Fealty and Ligeance of the Kingdom of Scotland and that he might have King Richards [4] Append. n. 68. Chart thereupon he gave him ten thousand Marks Sterling On the [5] Hoved. f. 377. b. n. 30. Geofry Elect of York Appealed against by the Bishops of Durham and Salisbury same day at Canturbury Hugh Bishop of Durham and Hubert Bishop of Salisbury Appealed against Geofrey Elect of York to the Pope before the said Cardinal indeavouring to prove his Election void because they who were to have had the first suffrages were not present and Bucard Treasurer of the Church of York and Henry Dean of the same Church did also appeal against him denying his Election to have been Canonical for that he was a Man-Slayer begot in Adulterie and born of an Harlot Tum quia homicida erat His Election confirmed by the Cardinal Legat. tum quia erat in adulterio genitus de Scorto natus But altho' these things were objected against him yet Iohn Agnin Cardinal and Legat of the Apostolic See Confirmed his Election After these Dispatches on the [6] Ibid. n. 40.50 fifth of December the King went to Dover where a Fleet attended to waft him over into France and the next day Roger Elect of the Abby of St. German at Seleby by the Kings Command received his Benediction from Hugh Bishop of Durham against the Prohibition of Geofrey Elect of York who seeing without Money he could not obtein his Brothers favor He promises the King 3000 l. and is restored to the Archbishopric promised him Three Thousand Pounds Sterling and the King restored him the Archbishoprick i. e. the Temporalities and Confirmed it by his Chart he also restored all his Lay-Fees in England and beyond Sea which King Henry his Father had given him [7] Ibid. f. 3 8. a. lin 3. Many Privileges and Immunities granted and confirmed to the Church of York He also Quiet Claimed to God Saint Peter of York and to Geofry the Elect and his Successors all their Lands and the Lands of their Canons for Ever from all Exactions and Grievances of the Forest or Foresters and gave them free leave and power to hunt in all their Lands in Nottingham and York-shires Then also [8] Ibid. n. 10. The Appeals against the Elect of York released Hugh Bishop of Durham Hubert Bishop of Salisbury Henry Dean of York and Bucard Treasurer of the same Church by the Kings Command Released their Appeals which they had made against the Elect of York and he at the Request of the King Confirmed to Henry the Deanry of York and to Bucard the Treasury and to Hugh Bishop of Durham all those Privileges and Agreements which had been between him and Roger Archbishop of York promising to Confirm all those things with the Seal of his Consecration From Dover the [9] Ibidem King with the Cardinal Walter Archbishop of Roven Henry Bishop of Bayeux and Iohn Bishop of Eureux passed to Calais on the 11th of December where Phillip Earl of Flanders met and received him with great Joy and Conducted him into Normandy He left behind him [1] Ibid. n 20. Hugh Bishop of Durham and * William de Magnavil Earl of Aâ—bemarl Dyed at Roven in November See Hov. f. 376. a. n. 20. The Bishops of Durham and Ely made Chief Justices They contend about Power William Bishop of Ely his Chief Justices and associated to them before his Departure Hugh Bardolf William Mareschal Geofry Fiâ—z Peter and William Breuer He Delivered to the Bishop of Ely his Chancellor one of his Seals by which He
Commanded his Precepts should be made in the Kingdom per quod fieri praecepit Mandata sua in Regno He Delivered him also in Custody the Tower of London and to the Bishop of Durham the Castle of Windsor in Custody with the Forests and County The King was no sooner gone but his two Chief Justices contended about Power that which pleased one displeased the other In the year 1190. King Richard kept the [2] Hoved. f. 378. a. n. 40.50 A. D. 1190. first Christmass after his Coronation at Bure in Normandy with the Great Men of that Nation After that Solemnity Phillip King of France and he met and Established a firm Peace between themselves and Kingdoms A firm Peace Established between the Kings of England France which was Written and Confirmed by their Oaths and Seals on the Feast of St. Hillary Jan. 13th and the Archbishops and Bishops of both Kingdoms agreed to it In the word of Truth in verbo veritatis and the Earls and Barons of both Kingdoms swore they would faithfully keep that Peace which was [ ] Append. n. 69. The Articles of the Peace That they should both preserve the Honor of each other and keep Faith to one another in Defending their Lives Limbs and Terrene Honor. That neither should fail the other in the Management of their Affairs But that the King of France should help the King of England to Defend his Land as if he were to Defend the City of Paris if it were Besieged And so King Richard was to Defend the King of France his Dominions as he would Defend Roven if that were Besieged [4] Ibid. b. lin 3. The Earls and Barons of both Kingdoms swore They would not Depart from their Fealty to their Kings nor make any War or Broyls within their Dominions while they were in their Peregrination and the Archbishops firmly promised in the Word of Truth That they would Anathematize the Transgressors of this Peace and Agreement They further agreed That if either of them Died the Survivor should have the Money and Men of the Defunct to carry on the Service of God And because they could not be ready by the Close or Octaves of Easter they Deferred their Voyage until Midsummer After [5] Ibid. n. 30. King Richard sends for his Mother his Bishops and Brother to come to him into Normandy The Bishop of Ely Chancellor made chief Justiciary by the King Candlemass the King sent for Queen Alienor his Mother Alice Sister to Phillip King of France Baldwin Archbishop of Canturbury Iohn of Norwich Hugh of Durham Godfrey of Winchester Reginald of Bath William of Ely Hubert of Salisbury Hugh of Chester Bishops and Geofrey Elect of York and his Brother Iohn Earl of Moreton to come to him into Normandy and having advised with them he constituted William Bishop of Ely his Chancellor Chief Justice of England Summum Justitiarium Angliae and granted to Hugh Bishop of Durham the Office of Justitiarie from the River Humber to the confines of Scotland Concessit Hugoni Episcopo Dunelmensi Justitiarium à fluvio Humbri usque ad Terram Regis Scotiae [6] Ibid. n. 40. His Bâ—others John and Geofry swear they would not go into England in three years without his â—ave John Earl of Moreton released from his Oath And made his Brothers Iohn Earl of Moreton and Geofrey Elect of York swear they would not go into England within three years next following without his leave yet soon after he released his Brother Iohn from his Oath and gave him leave to return to England Upon his making another Oath that he would faithfully serve him From [7] Ibid. n. 50. He writes to the Pope to make his Chancellor Legate Normandy he sent his Chancellor into England to prepare all things necessary for himself and his Expedition and designing to Exalt him above all the Clercs and Laics of his Kingdom He sent to Pope Clement and prevailed with him to Commit to him the * See Append. n. 70. * â—cest the King or his Chancellor 1500 Marks See Hoved. f. 380. b. n. 10. Legantin Power of all England and Scotland or rather Wales His Chancellor at his return incompassed the Tower of London with a Deep Ditch intending the Thames should flow about it and [8] Ibidem The Chancellor encompassed the Tower of London with a Ditch And levies an Ayd for the Kings use Took for the Kings use of every City of England two Palfreys or Saddle Horses and two Sumpters as an Ayd and of every Abby one Palfrey or Saddle Horse and one Sumpter and of every of the Kings Maners as of the Abby's These horses undoubtedly were to be imployed in the War he was undertaking though 't is not said so in the Historian On the 16th of [9] Ibidem f. 379. a. lin 1. The Jews shut themselves up in the Tower of York for fear of the Christians They refuse to deliver it upon dâ—mand They cut one anothers throats rather than yield March and upon the Eve of Palm-Sunday the Jews of the City of York by consent of the Constable and the Sheriff shut themselves up in the Tower there for fear of the Christians and when the Constable and Sheriff Demanded the Tower of them they refused to deliver it whereupon the Citisens and Strangers which came to the County Court Populus Civitatis Extranei qui ad Comitatum venerant at the Request and by the incouragement of the Sheriff and Constable made an assault upon them which they continued Night and Day so as the Jews offered a great Sum of Money for Liberty to be gone but the people would not accept it These Jews were all destroyed The Historian reports that finding they must fall into the Hands of the Christians by agreement and Consent they cut one anothers throats rather than they would Dye by the hands of the incircumcised and enemies to their Law However it was [1] Ibid. n. 20.30 The * See Append. n. 71. what Power he gave him The Chancellor comes to York and displaces the Sheriff and Constable of the Tower Chancellor now also the Popes Legat and Justitiarie of all England after Easter came to York with a great Army to take those malefactors which destroyed the Jews and knowing it was done by the Command of the Sheriff and Constable he Displaced them both and took of the Citisens an hundred Pledges for the keeping of their faith and peace to King and Kingdom and that they would stand to the Law in the Kings-Court concerning the Death of the Jews And the Knights or Military Tenents of the County That is the Strangers which were Suitors and came to the County-Court as above which would not come to right or rather appear to the Accusation he caused to be apprehended Milites autem provinciae Qui ad Rectum noluerunt venire praecepit Comprehendi At this time by the [2] Ibid. n. 40. The
Bull conteining an indissoluble league between the Emperor and the King and told them he came not as a Justice or a Legat or a Chancellor but as a Bishop only and the Kings Messenger And injoyned some Barons they should go with him to the King as Gilbert Bishop of Râ—thester Sefrid Bishop of Chichester Benedict Abbat of Peterburgh Richard Earl of Clâ—re Earl Roger Bigod Geofrey de Say and many others On the 25th of [9] Ibid. n. 40. f. 414. a. n. 20. A. D. 1193. A Treaty betweâ—n the Emperor and King of France June the Emperor and the King of France had appointed a Colloquium or Treaty which if it should proceed the King of England knew they two would conâ—aederate against the Archbishops of Colon and Menâ—s and against the Dukes of Lovain Lâ—mburgh and Saxonie and many other Great Men and Nobles who had conspired against the Emperor for the Bishop of Liege Brother to the Duke of Lovain his Death which he had contrived and suspected That if the Treaty should take effect he should be Delivered to the King of France [1] Ibid. n. 30. 'T is broke off by the King of Englands policy After great pains and at the instance of the King of England a Peace was made between the Emperor and great men before mentioned and so the Treaty or Colloquium between the Emperor and King of France was Defeated This done the Emperor on the Day after St. John Baptist came to [2] Ibid. n. 40. A Treaty between the Emeror and King Richard Worms where the King of England then was and there was celebrated a Colloquium or Treaty between them four Days There were present the Bishops of those parts the Dukes of Lovain and Limburgh with many Earls and Barons There were on the Kings behalf the Bishops of Bath and Ely and on the fourth Day that is to say on the Vigil or Eve of St. Peter and Paul came to the King William Briwer and Baldwin de Bretun and as yet they all dispaired of the Kings Freedom [3] Ibid. n. 50. The Agreement between them But next Day they came to a final agreement upon these Conditions That the King of England should give the Emperor 100000 Marks of Pure Silver according to the weight of Colon and other 50000 as an aid toward his Reducing Apulia That the King should give the Sister of Arthur Duke of Britany his Nephew as wife to the son of the Duke of Austria and that he should Deliver the Emperor of Cyprus and his Daughter [4] Ibid. b. lin 2. The 100000 Marks were to be brought into the Empire at the Hazard of the King of England and when they were there he was freely and Quietly to return into England under safe Conduct and this all the Bishops Dukes Earls and Barons there present sware on behalf of the Emperor The form of this Bargain or Composition follows in the [5] Ibid. n. 10. same place So soon as the King of France heard these things he [6] Ibid. n. 40. The King of France gives Earl John notice of it sent to Earl Iohn that he might have a Care of himself for the Devil was got loose who knowing he wrote it of his Brother he passed into Normandy and adhaered to the King of France not Daring to expect the coming of his Brother and soon after the King of England sent the Bishop of Ely his Chancellor and William Briwer and other wise men to the King of France to make peace with him [7] Ibid. n. 50. A Peace between England and France concluded which was done accordingly and the claims setled on both sides in which peace there was ample provision made for the security of Earl Iohn and all his Matters The Money was [8] Ibid. f. 416. b. lin 1. c. How the Money for the Kings Ransom was Collected Collected for the Kings Ransom Twenty Shillings of every Knights Fee The fourth part of all the Rents of the Laics and all the Chalices and other Riches of the Churches the Bishops Collected of their Clercs of some a fourth part of some a tenth and so it was in all the Kings Dominions beyond Sea by which there was gathered together an infinite Sum of Money and then the [9] Ibid. lin 7. Emperors Envoyes received at London the greatest part of the Kings Ransom And paid to the Emperors Envoyes in weight and measure and sealed it up and Delivered it to such as were to carry it to the Borders of the Empire at the hazard of the King of England The Emperor at this time [1] Ibid. n. 10. What the Emperor gave to King Richard Gave unto the King of England by his Chart the Country of Provence Viana and Vianois Marseille Narbon Arleblanâ— and Lions upon the Rhone and as far as the Alps and whatsoever he had in Burgundy and the Homage of the King of Arragon the Homage of the Earl of Disders and the Homage of the Earl of St. Giles in which Lands and Dominions there were Five Archbishoprics and thirty three Bishoprics but the Emperor never had them in his possession nor would the people ever Receive a Governor from him The King sent into England [2] Ibid. n. 20.30 Hubert Arch-Bishop of Canturbury made Chief Justice of England for his Mother Queen Alienor and for Walter Archbishop of Roven and many others to come to him into Germany and made Hubert Archbishop of Canturbury Chief Justice of England and wrote over that the Day appointed for his Delivery and Freedom was the first Monday after twenty Days after Christmass Day Before the Agreement was [3] Ibid. f. 417. a. lin 1. c. Earl John swears Fealty to King Richard Confirmed between the Emperor and King Richard he sent William Bishop of Ely his Chancellor and others into France to his Brother Earl Iohn and so effectually dealt with him That he returned into Normandy and swore Fealty to the King his Brother against all men and the King commanded that all the Castles belonging to the Honors he had given him should be Delivered to him as well in England as beyond Sea But those who had them in Custody would not deliver them upon the Writ Whereupon in Anger he went back to the King of France and staid with him and he gave him the Castles of Driencourt now Dancourt and Arches which should have been delivered to William Archbishop of Remes King Richard was to [4] Ibid. n. 20.30 A. D. 1194. remain at Spire until the time of his delivery and to that City came the Emperor with the Archbishops Bishops Dukes and Great Men of his Empire and when they had Treated a long time about the Freedom of the King of England Thither came Envoys from the King of France and Earl Iohn The King of France and Earl John offer the Emperor 1000 a month to keep King Richard prisoner and offered from the King 50000
with his Army in such haste as many of it were killed and taken all the [9] Paris fol. 176. n. 50. Hoved. â— 421. b. n. 40. The King of France flees and leaves his Camp a prey to the English Wagons and Baggage fell into the Hands of the English and much Treasure the Kings portable Chappel was there taken and the Charts of all the Men or Vassals of the King of England by which they gave themselves up to the service of the King of France and Earl Iohn against him Chartae universorum Hominum Regis Angliae qui se dederant Regi Franciae Comiti Iohanni contra eum He persued the King of France but not finding him returned to Vendosm with great Booty of Men and Horses and very much Money Rediit Vendomiam cum praeda magna hominum Equorum pecunia Magna [1] Ibid. n. 50. f. 422. a. lin 1.2.3 King Richard persues his victory with succâ—ss From thence he went into Poictou and subdued Geofrey de Ranâ—une and the Vicecomes of Engolesm who had declared for the King of France and Earl Iohn Upon this success followed a [2] Ibid. 9.10 20. A Truce made for one year Truce for one year agreed on by Comissioners on both sides Dated the 23d of July 1194. The particulars are long and tedious and not much to our purpose now They are to be found in Hoveden f. 422. a. b When the [3] Hoved. f. 423. a. n. 10. Hugh Bardolphs Demands of the Bishop of Durham King was beyond Sea Hugh Bardolf demanded the County of Northumberland Newcastle upon Tine and the Castle of Bamburgh of the Bishop of Durham which he had promised the King to deliver he delayed to do it while a Messenger he had sent to the King returned by whom he offered him 2000 Marks for the County and those Castles The Messenger brought Letters to Hugh Bardolf that if the Bishop gave security for the 2000 Marks he should deliver him the County and Castles When he had the Kings Letters he told the Bishop if he would have him execute the Kings Command he was to Deliver him the County and Castles First and then he would redeliver them as the King Commanded The Bâ—shop replyed there was no need of that because he had them in his possession Hugh Bardolf sent the King his Answer upon which he commanded the Bishop should be disseized of the County and Castles and that he should pay the 2000 Marks he also in his fury commanded he should be Disseized of the Maner of Sadbergh with the Knights Fees and Wapentach which he had by his Chart granted to the Church of Durham in pure Alms factum est ita and so it was done About this Time [4] Ibid. n. 20.30 The Canons of York their Complaint against their Archbishop The Canons of York complained to Hubert Archbishop of Canturbury the Kings Justiciary of several Injuries they had received from their Archbishop he by the Royal Authority which he received sent to York Earl Roger Bigod William de Warenna William de Stutevilla Hugh Bardolf William Bruer Geofrey Haget and William Fitz-Richard a Clerc to hear and determine according to right the Controversie between them Commissioners sent by Hubert to determine the Controversie They heard the Accusations and the Bishops Answer and Answers of such as belonged to him and caused his Men that were accused of Robbery to be imprisoned and although he warranted what they had done he could not Bail them praeceperunt homines Archiepiscopi qui calumniati fuerant de robberia capi incarcerari The Archbishop disseized of his Maners and the Canons are restored quamvis Archiepiscopus opera eorum warrantizaret non tamen potuit eos plegiare Then they summoned him to come and hear Judgment and because he would not they Disseized him of all his Maners Except Râ—pon where he was then withdrawn and caused the Canons to be placed again in their Stalls of which he had disseized them and at their Departure put the Archbishop and Sherifwic of Yorkshire under the Custody of William Stutevil and Geofrey Haget Itinerant Justices so it through England In September the King sent Itinerant or Errant Iustices through every County of England The form of proceeding then used in Pleas of the Crown and the Articles or Heads of such Pleas are to be found in the [5] Append. n. 77. Appendix where they are translated for the advantage of such as might not otherwise clearly understand them who desire to know the Difference between the Ancient and Modern Pleas of the Crown and the Institution of Itinerant or Circuit Justices At the same time the King [6] Hoved. f. 424. a. n. 20.30 40. Articles concerning the Jews given to the Itinerant Justices Directed several Articles to the Justices Itinerant about the Iews That all their Debts and Pawns should be inventoried and all their Lands Rents and Possessions and if any Iew concealed any of these matters he should forfeit his Body that is should be imprisoned and the Concealment That is what they had concealed and all their Possessions and Goods Nor should it be lawful for any Iew to recover the concealment That is to have it restored That six or seven places should be allowed where the Iews should lend their Money and take Pawns and there should be two Legal Christians and two Legal Jews and two Legal Scribes appointed before whom and the Clercs of * These in all probability were the Justices of the Jews for in those antient times they had particular Justices assigned them by the King William of St. Maries Church and William de Chimelli the Money lent upon the Pawns and the Pawns taken should be transacted and that the Charts of the Money lent and Pawns taken should be in form of a Chirograph and one part should remain with the Iew sealed with his Seal that Borrowed the Money and the other part to remain in a Common Chest to which there were three Locks of which two Christians were to have one Key and two Iews another and the Clercs of William of St. Maries Church and William de Chimelli the Third and besides those Locks three Seals were to be affixed by those that kept the Keys and that the Clercs of William and William should have a Transcript and as the Charts were changed the Roll was to be changed For every Charter three pence was to be paid half from the Iew and half from him that Borrowed the Money of which the Scribes were to have two pence and the Keeper of the Roll one penny and for the future no security should be given or Pawns taken nor no payment made to the Iews nor no changing of Charts but before the foresaid persons or the Major part if all could not be present and that the two Christians should have one Roll of the Payment of the Iews to them for the future
and that the two Iews should have one and the Keeper of the Rolls one Also every Iew was to swear upon his Roll he did not believe the Gospels That he would cause all his Debts Pawns and Rents and all his things and possessions to be Inventoried and that he would conceal nothing and if he knew any thing another man concealed he would reveal it to the Iustices sent about that Affair and that he would discover all Falsifiers and Forgers of Charts all Clippers of Money where-ever he knew them Furthermore Inquisition was to be made what the Kings Bayliffs had taken or Exacted as well his Justices Sheriffs Constables and Foresters as their servants after the first Coronation of the King and why those prises were taken and by whom and of the Chattels or Goods offered Gifts and Promises made by occasion of the Seisin made of the Lands of Earl Iohn and his Favorers who received them and what and the Delay they received by the Archbishop of Canturbury then Iusticiary of the King The King [7] Hoved. f. 424. a. n. 50. The King forces his Officers to a Composition all this while was in France and having finished his Business in Poictou according to his desire returned into Anjou and forced all his Officers to a Composition and did the like in Main and from [8] Ibid. b. lin 1.2.3 c. The Seal taken away from the Chancellor and a new one made thence coming into Normandy took it ill whatever had been done in the late Truce and imputing it to the ill Management of his Chancellor took his Seal from him and made a new one and sent into or caused it to be published in all his Dominions That nothing should be firm or of force that had been sealed with his old Seal And commanded that all who had Charts should come and renew them at his new Seal The King then [9] Ibid n. 10. ordered there should be Torneaments that is Tiltings and Feats of Arms shewn in * These Hastiâ—udes or Tiltings were brought out of France and probably before this time but seldom if at all used in England What was paid for Licence of Tilting And to whom it was paid England and by his Chart confirmed it So as every one that would Tilt or shew Feats of Arms should pay according to the following Rates An Earl for Licenâ—e of Tilting Twenty Marks of Silver Barons Ten Marks of Silver every Knight that had Land Four Marks of Silver every Knight that had no Land Two Marks of Silver And he commanded That â—o Knight should be admitted to the place of Tilting unless he first paid down his Money The Chart of this Grant the King gave to William Earl of Salisbury to keep and Hubert Walter the Kings Chief Justice appointed Theobald Walter his Brother Collector of this Money [1] Ibid. f. 425. a. n. 40. The Archbishop of York is reconciled to the King The Archbishop of York went into Normandy to his Brother and was reconciled to him for 2000 Marks [2] Ibid. f. 428. a. n. 20. A. D. 119â— Earl John is pardoned by the King and is restored to his Honors and Possessions And also pardoned his Brother Iohn and restored him the Earldom of Moreton the Honor of Ey and Earldom of Gloucester with every thing belonging to them except the Castles and in lieu of his other Earldoms and Lands he allowed him 8000 l. of * That is â—000 l. Sterling Hugh Bishop of Coventry is pardoned Anâ—ou Money The same year he pardoned Hugh Bishop of Coventry [3] Ibid. n. 30. And restored to his Bishopric for a Sum of Money and restored his Bishopric for 5000 Marks of Silver And that year Hubert Archbishop of Canturbury at the Kings Request was made the [4] Ib. b n. 40. â—he Archbishop Hubert made the Popes Legat. Popes Legat of all England The next year there happened a Dissention amongst the [5] Ibid. f. 135. b. n. 2. Citiâ—ens of London about an Ayd imposed upon them [6] f. 181. n. 20 A. D. 1196. A Dissention among the Citizens of London about paying an Ayd or Tallage Matthew Paris says it was a Tallage exacted of them by the Officers of the Kings Exchequer The Rich and best Citizens to spare themselves cast the whole or the greatest part of it upon the ordinary People A certain Lawyer called William with the Beard the Son of Osâ—ert became the Advocate of the ordinary People and would have had the Tallage paid equally according to the Estates and Abilities of the Citizens and passed beyond Sea to the King and obtained of him that the ordinary People should be freed from it Hubert the Archbâ—shop and Kings Justitiary was much moved at it and commanded that where any ordinary Citizens were found out of the City they should be taken as Enemies to the King and Kingdom At Stanford Fayr in Lent some of the ordinary Tradesmen of London were taken by the Kings Justitiaries Warrant who also commanded That William with the Beard should be taken and brought before him One Geofry a Citizen was sent to take him whom he killed and when others would have taken him he fled with some of his Company and shut themselves up in Bow Church in Cheapside and when they would not come out there was force used yet they would not render themselves but defended the Steeple where by Command of the Archbishop a Fire was made under them and so they were smoaked out and William with the Beard was taken and carried to the Tower and there judged to be Hanged and was drawn through the City to the Gallows and there Hanged with eight of his Companions and the other Citizens that were in the same Tumult or Riot cast themselves upon the Kings Mercy and found Sureties for the Peace The Archbishop as he thought [7] Hoved. f. 436. b. n. 30. The Archbishop begs of the King to ease him of the Secular Government but was not granted was over-burthened with the Care of the Government of the Church and Kingdom and therefore made it his request to the King to ease him of the Secular Government He was very unwilling to do it as knowing there was not one like him for the Preservation of the Laws and Rights of the Kingdom or Government But he repented and having looked into the Rolls of Accounts he let the King know That the last two years only he had out of the Kingdom of England procured to his use Eleven * More than five Millions Sterling now according to the price of things then A. D. 1197. Hundred Thousand Marks of Silver and added That if he thought his Service necessary and it was his pleasure he should still serve him he would not refuse the Labor notwithstanding his Age. In the year 1197. King Richard made an Assise of Measures Assisa De [8] Ibid. f. 440 b. n. 10. One Assise of Measures and Weights appointed
Dead lay [6] Ibid. n 50. A. D. 1197. unburied in the Streets of the Cities of Normandy and the King being mightily Troubled the Archbishop would not Release the Interdict [7] Ibid b. lin 2. n. 10. King Richard sends Messengers to the Pope to make his defence sent the Bishop of Lisieux and Philip the Elect of Durham after Christmas to the Pope to make his Defence before him They appearing in his presence with the Archbishop He asserted his Right he had in Andeli and complained of the Injury King Richard had done by Building a Castle upon the Patrimony of the Church of Roven without his assent and contrary to his pleasure To which they answered [8] Ibid. n. 10. â—0 Their Plea in the Kings behaâ—f The King had often offered him by the Mediation of his Bishops and Abbats Earls and Barons full satisfaction by the Estimation of discreet understanding Men and did affirm on behalf of the King he could not part with That Island of Andeli in which the Castle was built because the King of France made his passage that way into Normandy and often wasted it and therefore the King of England fortified it for the Defence of his Country against the King of France [9] N. 20.30 The Popes advice to the Archbishop of Roven The Pope and Cardinals after long Deliberation attending the Damages which might accrue to Normandy if there were not a Castle built there Advised the Archbishop amicably to compose the Matter and to accept Recompence according to the Estimation of honest and wise Men Secundum proborum sapientum virorum Aestimationem Saying It was lawful for Kings and Princes to fortifie the weak places of their Countries to avoid Damage to themselves and People The Interdict released This done the Pope Released the Interdict The Messengers and Archbishop being Returned with the Determination of the Pope and Cardinals [1] Ibid. n. 40. What the King gave the Archbishop for a recompence the King summoned the Bishops Abbats Earls and Barons of Normandy together and gave to Walter Archbishop of Roven in Recompence of his Town of Andeli the Town of Deipe with its Appertenencies the Mills of Robec in the City of Roven and Loviers with its Appertenencies and much more according to the Kings Chart and the Popes Confirmation in [2] Col. 701. n. 40. Col. 702. Ralph de Dâ—ceto by which exchange the Archbishop confesseth the Church got above Five [3] Ibid. Col. 700. n. 30. hundred Pounds The same year [4] Hoved. f. 437. b. n. 50. A. D. 1197. He plundered and burnt St. Valeri Richard came to St. Valeri and burnt the Town and Destroyed the Monks and carried with him into Normandy the Shrine and Reliques of St. Valerie in that Port he found Ships from England laden with Grain and Victuals he hanged the Mariners burnt the Ships and distributed the Corn and Victuals amongst his Soldiers Then came into King Richard [5] Ibid. f. 438. a. lin 2. Several People Confederate with King Richard against King Philip. the People of Champaign the Flemings and Britans they gave Pledges mutually they would not make Peace with the King of France but by common advice The King of England Bribed with Gifts many of the Great Men of France he gave to the [6] Ibid. n. 10. Earl of Flanders 5000 Marks for his assistance and he gave Hostages he should not make Peace with the King of France without his consent and the same the King of England did to him [7] Ibid n. 20.30 The King of France made him great Offers to leave the King but not being able to effect it he again Capitulated with the King of England The Sons of [8] Ibidem Hubert composes the Differences between the Welch Princes King Rese the Son of Grâ—ffin contended after the Death of their Father who should Reign Hubert Archbishop of Canturbury went to the Borders of Wales and made them Friends Philip Bishop of Beavais [9] Ibid n 50. The Bishop of Beavals his complaint to the Pope against King Richard sent his Brother the Bishop of Orleans with his Epistle to the Pope informing him he was made Prisoner by the King of England and complaining how he was bound and laden with Irons notwithstanding the Dignity of his Order and as he says petitioned him with Tears for Relief The Pope [1] Ibid. b. n. 20. c. The Popes Answer writes back to him That he had put on a Soldiers Armour in stead of a Priests Habit and Vestments That the King of France was bound by Oath not to do any Damage to the King of England's Towns and Countries during the Time of his Peregrination and That he had impudently against his Faith and Oath by force seized his Towns and cruelly wasted his Countries That Humility against Pride Right and Equity against Wrong and Injury and Modesty against Arrogance fought for the King of England That he was not only a foolish Adviser of but an insolent Actor in his Kings extravagant Madness and at last told him he could only supplicate the King of England in his behalf for in such a case he neither could nor ought to Command But whether the Pope wrote in his behalf or notwithstanding what he wrote he remained in Prison and toward the latter end of the year 1198 offered King Richard for his [2] Ibid. f. 449. a. lin 4. Liberty 10000 Marks of Silver The two Kings made a Truce again for one year from the Feast of St. Hilary [ ] Ibid. f. 439. a. n. 10. A. D. 1198. And presently broken designing to make Peace A Truce made between the two Kings and final Concord between themselves But in September following this Truce was broken as hath been said in the Relation of the Skirmish between Gamache and Vernon and the Battel between Curcels and Gisors yet in November that [4] Ibid. f. 446. b. n. 40. year they made Truce again until the Feast of St. Hilary from this time to the Death of Richard all Hostility ceased between the two Kings These are some of the Battels Skirmishes and Engagements and the most notorious that were fought and happened between King Richard and King Philip in France some of the Truces that were as soon broken as made some of the Barbarous Devastations and Plunderings some of the Inhumane Killings and Leadings into Captivity committed and practised there during those last five years King Richard was in that Kingdom from the middle of May 1194 to the 6th of April 1199 the time of his Death Let us now take a Turn into England In the year 1198. Geofrey Fitz-Peter A. D. 1198. the new Justitiary of England sent forth [5] Ibid. f. 445. b. lin 7. Itinerant Justicâ—s sent forth by the Chief Justicâ—y Itinerant Justices and Hugh Bardulf Mr. Roger Arundel and Geofrey Haget had committed to them and journeyed through Lincoln
Nottingham Derby York and Lancashires Westmerland Cumberland and Northumberland and held Pleas of the Crown and Forrest The Articles of Heads whereof see in the [6] Append. N. Appendix with their English version There was a Controversie Depending between the Bishop of Durham A Controversie between the Bishop of Durham and Robert Turnham and Robert de Turnham for the Maner of Clif which was Tryed before these Justices At the [8] Ibidem n. 50. Request of Robert de Turnham the Bishop granted him he should have a Recognition or Verdict of 12 Lawful men of the Neighbourhood of Clif Philippus Dunelmensis Episcopus ad petitionem Roberti de Turnham concessit ei coram Rege Recognitionem Duodecim Legalium hominum de visneto de Clif who had the greater right in that Maner of Clif That is to say whether he Robert ought to hold that Maner of the Bishop and thereof to be his Man or Vassal inde Homo suus esse or the Bishop ought to have it Demeasn The Twelve men recognized or gave in their Verdict upon Oath The Jury give in their Verdict for Robert de Turnham That that Maner was the haereditary right of the Wife of the foresaid Robert the Daughter of William Fossard and so the Bishop lost that Maner of Clif which his Predecessors had peaceably injoyed a long time multo tempore [1] Ibid. f. 447. a. l. 1. These things were done before Hugh Bardulf Mr. Roger Arundel and Geofry Haget at that time Justices of the Pleas of the Crown at York The religious this * Ibid. f. 446. a. n. 50. A. D. 1198. same year gave the King five shillings of every Plough-Tilth as the other men of the Kingdom had done The King this year Commanded all men as well Clercs as Laics That had any Charts or Confirmations of Charts under his old Seal should carry them to his [2] Ibid. f. 446. b. l. 1. King Richards New Seal New Seal to have them renewed or they should be of no force Upon this Edict Mr. Pryn says in his first Tome of his [3] f. 1133. All Charts to be renewed Chronological Vindication c. That he found most of his Charters to Monasteries renewed in the 7 th and 10 th years of his Reign which he had granted in the first or any other year before it [4] f. 195. h. 20. Mat. Paris says they were Renewed that year about Michaelmass As it had been appointed the two Kings met to [5] Ibid. f. 449. a. n. 20 30 A. D. 1â—99 King Richard treats with King Philip on Horseback Treat on the Feast of St. Hilary or 14th of January between Andeli and Vernon The King of England came thither up the River Seyn in a Boat and not willing to come on Shore spake with the King of France as he Sate on Horse-back upon the River Bank They appointed another day of Treaty When by the Mediation of Peter of Capua Cardinal Deacon of St. Mary and the Popes Legat and by the advice of other great men on each party agreed upon a Truce for five years from that Feast A Truce agreed upon for five years Upon this only Condition That things and possessions should remain as they then were on both sides Rebus Tenementis sic se habentibus ex utraque parte ut tunc erat and confirmed the Agreement with their Oaths Mathew Paris [6] f. â—94 n. 40 50. Mat. Paris his Account of the Treaty gives a more particular Account of this last Treaty and tells us That after the Battel between Curceles and Gisors in the latter end of September or beginning of October 1198. wherein the King of France his Troops were routed and much weakened Compelled by necessity he sent to the Pope to Request his interposition That a Peace or at least a Truce for some time might be made between him and the King of England That such as were willing to undertake the Crusado might with the greater liberty and forwardness do it and that it might be accomplished with more firm security he desired a Cardinal might be sent with such full power That if need were he might force either of them if obstinate to peace and Concord Pope Innocent who much affected the Business of the Cross induced thereto more by money then Devotion Innocentius Papa qui negotium Crucis plurimum affectabat plus pretio quam precibus inductus Misit c. sent Peter de Capua a Cardinal to make Peace between them who when he came to the King of France by his Advice took some Bishops of both Nations with him and went to the King of England and Opened to him what injuries damages and depredations had been and might be done in both their Dominions if a firm Peace was not established King Richard [7] Ibid. f. 195. lin 1. King Richard refuses to do any thing upon the Popes accouâ— answered with indignation That he was not of right to do any thing upon the Popes Account especially seeing he had often requested him To compel the King of France by Ecclesiastical Censures to restore him his Dominions and Castles he had unjustly seized upon Despising the Oath he made not to give him any Trouble while he was in the Holy Land reducing it to the Obedience of the Christians And therefore in regaining his Inheritance by reason of the Popes Remisness he was forced to consume a vast Summe of Money when as the King of France had not only been guilty of Perjury but deserved to have had the Sentence of Excomunication pronounced against him Neither did he know whether he desired a Truce or not Then the [8] Ibid. n. 10 The Cardinal advice to King Richard Cardinal calling the King aside and injoyning him secresie acknowledged That he was sent from the Pope at the instance of the King of France That he might compound the Differences between them and Advised the King for that time to acquiesce in the Popes Desire and to be certainly assured That he would hear him as well concerning the King of France as in all his other affairs Otho his Nephew Crowned King of the Romans King Richard was mightily pleased his Nephew Otho had been Crowned King of the Romans and did hope by the Popes favor to promote him to the Empire and therefore being also urged by the importunity of many others he yielded and confirmed it by Oath That for five years the Subjects and Tradesmen of both their Dominions might have free intercourse pass and repass peaceably to Fairs and buy and sell one with another After this Truce King Richard [9] Paris f. 195. n. 30. Hoved. f. 449. b. n. 10 20. King Richard wounded in the Arm by an Arrow He Dyed of the Wound went into Poictou and the parts adjoyning to settle his Affairs there Widomar the Viscount or Sherif of Limosin had found a great Treasure of Gold in his
The Earl Marescal Peter of Savoy The Earl of Hereford The Earl of Albemarle The Earl of Winchester The Earl of Oxford John Fitz-Geofry John de Gray John de Bailol Roger Mortimer Roger de Montalt Roger de Sumery Peter Montfort Thomas de Greley Fulco de Kerdiston Aegidius de Argenton John Kyriel Philip Basset Aegidius de Erdington All Barons or Knights and great Tenents in Capite not one such Commoner as in these times amongst them But instead of Granting or providing an Ayd for the King when their own Turn was served The Barons [7] Paris f. 971. n. 20 30 40 50. A. D. 1258. The Barons quarel with the King about his half Brothers and other Strangers They oppose the Provisions and are forced to leave Oxford and the Realm Quarrelled with him about his four half Brothers Ademar or Athelmar Elect of Winchester Guy de Lezignan Geofry de Lezignan and William de Valentia his Son Edward John Earl of Warren and Henry his Nephew Son to the King of Almaign who Boggled at and Refused at that time to Swear and give their Consent to the provisions and fell into great Heats against the Poictovins and other Strangers Insomuch as they forced the Kings Brothers from Oxford who as Mat. Westminster [8] f. 391. n. 10. The Barons choose Hugh Bigod Justiciary says in the beginning Resisted the Rebellious Faction The Barons no sooner heard of their Flight but they chose Hugh Bigod their Justiciary and Summoned all their Followers to attend them and with Horse and Arms to persue them which was done so Swiftly and by such numbers as the Parlement was thereby dispersed and broken up and never left persuing and menacing of them until they quitted the Kingdom who for their security in their passage beyond Sea obteined the Kings [9] Append. n. safe Conduct which bears Date July 5th and had Humfry de Bohun Earl of Hereford and Essex John Earl Warren William de Fortibus Earl of Albemarle and other Nobles assigned to Guard them The Oath of Confederacy or Association which the Community of England entred into at this meeting at Oxford we find transmitted to posterity in the same [1] f. 413. Annals with this Title and in this Form Ceo jura Commun de Engleterre a Oxford Nus tels et tels fesum a saver a tute genz The Oath of Confederacy taken by the Comunity at Oxford Ke nus avum Iure sur Seintes Evangeles e sumus tenu ensemble par tel serment e promettuns en bone fei Ke chescun de nus e tuz ensemble nus Entre Eiderums e nus e les nos Cuntre tute genz Dreit fesant e rens pernant Ke nus ne purrum sanz Mesfere Salve a * * Fei le Rei was that Faith and Obedience they had Sworn to him when they did their Homage and Fealty fei le Rei e de le Corune E premetâ—uns sur meime le serment Ke Nus de Nus ren ne prendre de Tere ne de Moeble par Que cest serment purra estre Desturbe u en Nule ren Empyre E si nul fet en Cuntre ceo nus le tendrums a Enemie Mortel This the Community of England did swear at Oxford We Such and Such make it known to all People That we have Sworn upon the Holy Gospels and that we are obliged or bound together by that Oath and we promise in Good Faith That every one of us and all together shall Ayd one another And that we will do Right to our Selves and Ours against all Men taking nothing therefore which cannot be done without Misdoing Saving the Faith we owe to the King and the Crown And we promise upon the same Oath That we will not take any thing from one another either Land or Moveable i. e. Goods whereby this Oath may be disturbed or any ways impaired And if any Man shall do contrary hereunto we will hold him for our Mortal Enemy In the same place is to be found the Oath of the Twenty four Ceo est le Serment a Vint e Quatre Chescun jura sur seintes Evangeles Ke il al honur de Deu The Oath of the Twenty four e al a fei le Rei e al profit del Reaume Ordenera e tretera Ovekes les avant dit jures sur le Refurmement e le amendment del Estar del Reaume E Ke ne lerra pur dun ne pur premesse pur amur ne pur hange ne pur pour de nulli ne pur Gain ne pur perce Ke leaument ne face solum la tenur de la Letire Ke le Rei ad sur ceo Done e sun * * For fei fez ensement That is This is the Oath of the Twenty four Every one Swear upon the Holy Gospels That to the Honor of God and by keeping their Faith to the King and to the profit of the Realm He would Ordain and Treat with those that had Sworn before That is the Comunity about the Reformation and Amendment of the State of the Kingdom And that he would not desist from that Work for any Gift Promise Love or Hate nor for the Power of any Man nor for Gain or Loss but that he would Loyally that is faithfully or justly do according to the Tenor of the Kings * * See Append n. 189. Letter which he had granted and also made There also is to be found the Oath at that time Given to the Chief Justice of England Ceo Jura Le haute Justice de Engleterre Iâ— Iure Ke ben et leaument a sun poer fra ceo Ke apent a la Iustierie de Dreiture tenir a tute genz al prou le Rei e del Reaume solum le purveyance fete et a fere par les vint et Quatre et par le Cunseil le Rei e les Hauz Humes de la tere Ke li Iurrunt en cestes choses a aider e a Menteinir That is This the High Justice of England did or shall Swear The Oath of the Chief Justice He Swears or Swore That Well and Loyally to his Power he would do what apperteined to his Office of Justice and do Right to all Men. To the advantage and good of the King and Kingdom according to the Provisions made and to be made by the Twenty four and by the Council of the King and the Great Men of the Land who had sworn to Ayd and Maintain him in these things With these is to be found the Oath of the Chancellor of England Ceo Iura le Chanceler de Engleterre Ke il ne Enselera nul bref fo rs Bref de Curs sanz le Mandement le Rei et de sun Cunseil Ke serra present Ne Enseler Dun de grant Garde ne de Grant * * The Word here wanting I suppose to be Marriage ...... ne de Eschaetes sanz le assentement del Grant Cunseil u de la
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
upon their Oaths to choose of the best Free-men residing upon the Escheat or Ward-Lands so many and such as they thought fit for their purpose to manage the Kings Business as it might best be done for his profit And they were directed to In these times and two or three hundreds of years afterward the King but especially the Bishops Abbats and Temporal Nobility and Knights kept much and many of their Maners and Lands in their own Hands and stocked and managed them by a Praepositus and Servants and sometimes let them to Farm stocked stock the Ward-Lands and Escheats with the Issues and Profits of them until Michaelmass and if that was not sufficient what Wanted was to be supplyed out of the Kings Tolls so that they which took to farm those Ward-lands and Escheats were to answer for them from Michaelmass as Stocked And the King would Warrant to such as held them in farm those Ward-Lands and Escheats from year to year during their Term. So that altho the King gave any of them to any one yet the Farmer should hold his farm until the end of the year paying what should be due from the King but the Justice as Royalties Forfeitures c. which happened upon the Escheat the King Granted were to remain to the King unless the King granted them particularly and by name that is by express words The Farmer when he leaves his farm shall take of all his own stock he set upon it besides the Kings stock freely without Diminution and they shall have the letters patents of the Arch-Bishop as chief Justice conteining the Tenor of the Kings Chart made concerning this matter They were to inquire what was the Rent of This was such as are now called White or Quit-Rents Assise or Constant Rent in every Maner of the Kings Demesns and the value of all things upon those Maners and how many Ploughlands or Caracates they conteined and what their value non-estimating them at 20 s. only the Plough-land but more or less according as the land was better or Worse Those that took farms might stock them with the Profits of the Lands as aforesaid They were also to inquire how many Oxen and Horses ought to be kept for the Tilling of every plough-land and what stock every Maner would maintein and clearly and distinctly to put them in Writing A Plough-Ox was then valued at 4 s. a Cow and Plough-Horse at the same Rate a Sheep with fine Wool at 10 d. and with course Wooll 6 d. a Sow at 12 d. and a Boar at 12 d. and when the Farmers left their farms they were to pay so much money or leave so many Saleable-Beasts at their choice and when all the Ward-lands and Escheats were Stocked improved and valued they were to be inventoried clearly and Distinctly and the Inventory carried into the Exchequer Bishoprics Abbacy's and the Lands of Barons near Age were excepted out of this Constitution They were to inquire by the Oaths of the persons aforesaid of all Wards and Escheats that were not in the Kings Hands that they might be taken into his possession and ordered as the others Capitula placitorum Coronae Regis Hoved. f. 445. b. n. 10. DE placitis Coronae novis veteribus quae non sunt finita coram N. 78 Justiciis Domini Regis De omnibus assisis De morte antecessorum De nova dissaisina De magnis assisis usque ad 10 libratas terrae infra Et de advocationibus Ecclesiarum capientur coram iis electiones magnae assisae per mandatum Domini Regis vel ejus capitalis Justitiae De Ecclesiis vacantibus vel non vacantibus quae fuerunt de donatione Domini Regis quis eas donaverit vel quis eas habeat per quem quantum valent De excaetis Domini Regis eorum valentiis quis eos habeat per quem De dominabus de valectis puellis quae sunt vel esse debent in donatione Domini Regis de valentiis terrarum suarum si quis eorum vel earum sit maritaetus inquiratur cui per quem a quo tempore Inquirendum est etiam quae viduae non sinierunt pro se maritandis finis capiatur ad opus Domini Regis De Sergentariis Domini Regis quis eas habet per quem quantum valent qui finem non fecerunt ad auxilium Domini Regis qui fecerunt finis capiatur De usuris Christianorum eorum catallis qui sunt mortui De illis sunt in misericordia Regis non admerciati De praepresturis Domini Regis De viis Domini Regis estreciatis De thesauris inventis De malefactoribus eorum receptoribus De fugitivis retatis reversis post ultimaâ— assisam De omnibus ponderibus mensuris ulnis renovatis si quatuor homines qui sunt attornati ad haec custodienda in unaquaque villa fecerint quod inde statutum est si attachiaverint transgressores illius assisae si non attachiaverunt prout debent puniantur sicut ipsi transgressores Totum vinum illius qui vendidit contra assisam capietur ad opus Domini Regis praeterea Dominus Vini venditores sint in misericordia Regis Inquirendum est per omnes Comitatus de hidis carucatis si Justitiarii qui ad haec attornati fuerunt se bene habuerint si de omnibus receperunt si aliqua concelaverunt De custodibus portuum maris si quid receperunt quod non reddiderunt si mercedem aliquam receperunt pro jure Regis retinendo si quis aliquid receperit qui non fuerit ad hoc attornatus Inquirendum est si omnes venerint ad summonitiones Justitiarum Domini Regis sicut venire debent si quis sit qui non venerit quis ille fuerit qualiter nominatus fuerit Assisa Domini Regis de Forestis HAec est assisa Domini Regis haec sunt praecepta de Forestis suis in Anglia facta per assensum Consilium Archiepisc Episcoporum Abbatum Comitum Baronum Militum totius regni sui Dominus Rex primum defendit quod si aliquis ei forisfaciat de venatione sua vel de forestis suis in aliqua re non vult quod confidant in hoc quod habuit misericordiam de illis per eorum catalla hucusque qui ei forisfecerint de venatione sua de Forestis suis Nam si qui a modo ei forisfecerint inde inde convicti fuerint plenariam vult de illis Justitiam fieri qualis facta fuit tempore Henrici avi patris Domini Regis viz. ut amittant oculos testiculos Item Dominus Rex defendit quod nullus habeat arcus vel sagittas neque canes neque leporarios in forestis suis nisi habeat ipsum Regem
He forced the King to own whatever he did f. 646. A. He marched about the Kingdom with a Body of Horse f. 647. B. And carried the King about with him f. 648. D. What provision he made for himself and Family Ibid. E. The whole Government managed by him Ibid. F. He disgusted the Earl of Glocester f. 649. F. He was overthrown by Prince Edward and slain f. 652. C. D. His Character by Rishanger f. 653. A. A discovery of his Villanous practices f. 653. A. None to call him Saint f. 659. B. Simon Montfort His Son submitted himself to the Kings pleasure f. 655. A. B. Morcar taken Prisoner f. 197. A. Morgages where entred f. 79. C. Registred in Counties and Hundreds f. 146. A. B. William Earl of Mortain demanded the Earldom of Kent of Henry the First f. 241. F. He joyned with Duke Robert and Robert de Belism fol. 242. lin 3. All his Estate in England seized and his Castles demolished Ibid. A. He was taken Prisoner and sent into England f. 243. A. Hervey Mount-Maurice his Cruel Policy f. 356. A. Roger Mowbray erected a Fortress in the Isle of Axholm f. 316. F. It was demolished by Geofry Elect of Lincoln f. 318. C. Fitz Murchard vid. Dermot Murder how punished by the Saxon Laws f. 62. D. F. f. 119. A. Murdrum used in the German Laws when first used in the English Laws f. 62. E. N. NAnts yielded to King Henry the Second f. 300. E. Neat-land what it was f. 67. F. Ralph Nevil Bishop of Chichester Chancellor to Henry the Third refused to deliver the Seal when demanded by the King f. 564. F. He was chosen Bishop of Winchester and his Election voided at Rome f. 571. B. C. He was invited by the King to resume his Office of Chancellor but he refilsed f. 572. B. He was received into the Kings favour f. 583. E. Newcastle when and by whom built f. 202. D. Nicholas Bishop of Tusculum sent Legat into England f. 489 A. He took an estimate of the Clergies Damages Ibid. B. He was accused as a favorer of King John Ibid. C. He filled all vacant Churches f. 490. D. E. His Opposition to the Arch-bishop and Bishops f. 491. A His Character of the King Ibid. His Answer to the Religious that sued to him for Restitution f. 492. E. F. Nicholas Bishop of Durham resigned his Bishoprick f. 602. D. Nobility vid. Barons Normans a Miscellaneous People f. 139 C.D. They were Court-Officers and great Ministers of State fol. 152.181 E. They were the Bishops Abbats Priors Judges and Lawyers f. 154. C. D. E. F. Most of our Laws from them f. 155. B. An abstract of their Laws f. 161. D. c. Who antiently were their Judges f. 163. A. What their Exchequer was f. 167. D. How the English were treated by them after the Conquest fol. 192. B. c. Their Lust and Luxury f. 235. A. Norman Bishops in England before the Conquest f. 189. B. Norman Ladies want their Husbands f. 194. D. Norman Nobility favour Duke Roberts Title f. 235. C. D. They petition King Hen. 1. to come into Normandy f. 240. C. They set up William Duke Roberts Son f. 247. C.D. 252. E. F. They submit themselves to King Henry f. 251. A. B. How they executed thâ—ir private Revenges f. 281. D. E. F. Their Soldiers sold the Prisoners thâ—y took f. 282. A. Their submission to the Earl of Anjou and the Empress fol. 288. D. Simon Norman removed from bâ—ing Chancellor by Henry 3d. f. 576. F. Normandy Interdicted by the Arch-Bishop of Roven and the Occasion f. 453. D. The Intâ—rdict released f. 454. C. Again Interdâ—cted by the Legat f. 463. C. Northampton taken by Henry the 3d. f. 640. D. C. Norwich Castle yielded to the Conqueror f. 202. D The City burnt by Hugh Bigot f. 318. B. A great Quarrel between the Monks there and Citizens fol. 666. D. E. The Cathedral burnt and the Citizens punished and fired Ibid. Nottingham plundred and burnt f. 318. D. Robert Nunant refused to be Pledge for King Richard f. 440. A. Judgment given against him f. 442. A. He is reconciled to the King and pardoned f. 447. E. O. OAth of Confederaoy of the Barons f. 629. Oaths how and when administred by the Germans f. 147. D.E.F. How valued f. 120. l. 1. Oblations of the People divided into four parts f. 102. B. Octavian sent Legat into France f. 467. A. He admonished King Philip to receive his Queen Ibid. B. C. Odo Bishop of Baieux the Conquerors chief Justiciary f. 151. A. B. He was left Viceroy of England by the Conqueror f. 191. B. C. His Justice and Equity Ibid. F. He was made Earl of Kent f. 198. B. His Treasure seized and he Imprisoned f. 203. D. E. Offa's Ditch where and its extent f. 86. B. He built St. Albans Monastery and gave Peter-pence to Rome f. 109. A. B. Ordeal what it was and the Tryal f. 65. B. When and by whom prohibited f. 147. C. Water Ordeal Established f. 326. B. Orders of Men the same in Germany as in England f. 82. B. Ordericus Vitalis his Account how the Romans treated the English fol. 192. B. c. Ordovices who they were f. 15. F. They were almost Extirpated by Agricola f. 22. E. Peter de Orivallis made King Henry the 3d. his Treasurer f. 549. F. He is removed from his Office and the Court f. 559. E. He is again received into Favour f. 565. l. 1. Ororic Assaulted Dublin but was repulsed f. 359. B. His Treachery and Contrivance to destroy Hugh Lacy f. 361. B. C. His death Ibid. D. Osculum pacis what is was f. 537. E. Ostorius sent Lieutenent into Brittain by Claudius f. 14. B. A Triumph Decreed him at Rome f. 16. D. He died with Grief f. 17. B. Otho sent Legat into England f. 537. B. He declared to the Bishops the Popes demands f. 538. A. Their and the Mareschals Answer to him Ibid. C. D. He is revoked by the Pope f. 539. A. Otho Nephew to King Richard Crowned King of the Romans f. 457. D. Hugh Oto made Governor of London by Henry the 3d. f. 654. B. Otto came Legat into England at the request of Henry the 3d. f. 567. E. He reconciled the Noblemen that were at variance Ibid. F. His design to visit Scotland prevented f. 568. D. E. He was revoked by the Pope but contrived his stay here f. 569 A. His reception and affright at Oxford f. 570. C. D. E. He was again called home but continued upon the Kings request f. 472. A. His great Exactions upon the Clergy f. 573. B. He was refused entrance into Scotland but at last admitted under Conditions Ibid. C. His policy and contrivance to get Money f. 574. E. He demanded a fifth part of the Clergies Goods f. 575. E. His Oppression and Extortion from the English Clergy f. 577. A. The manner of his leaving England Ibid. Ottobon sent Legat into England f. 654. C. He
Excommunicated such B PS as favored S. Montfort f. 659. E. His Admonition to the disinherited Barons Ibid. F. He held a Council at London f. 664. E. Oudoceus Bishop of Landaf Excommunicated three Welch Kings for Murder f. 100. F. Oxford Interdicted by Otto the Legat f. 570. E. On what conditions released Ibid. f. A great difference between the Scholars and Towns-men f. 575. lin 2. Oxgange What it was f. 141. f. P. PAgi what they were and are f. 55. C.D.E.F. Pall what f. 102. F. Pandulph sent Legat into England f. 483 F. He affrighted King John into a compliance with the Pope f. 484. E. His advice to the King of France f 486. B. Panis Benedictus what it was f. 537. F. Papal Exactions and Extortions f. 542. F. 543. A. 594. E. 595. A. A general clamour against them in France f. 597. D. And in Ireland f. 599. C. Papinianus Chief Minister of Justice in Britain f. 30. D. Parage what f. 165. F. 204. E. Matt. Paris chargeth King John with inhumanity f. 505. B. C. His Character of Pope Innocent the 3.d f. 507. F. His inconsistency with himself in his History f. 582. F. Parliament At Oxford f. 473. D. At London f. 531. E. At Northampton f. 534. A. At Westminster f. 535. lin 1. At Westminster f. 536. A. At Westminster f. 542. D. At Westminster f. 546. A. At Westminster f. 548. A. At Lambeth f. 550. E. F. At London f. 564. C. At Winchester f. 565. A. E. F. At York f. 568. C. At London f. 581. F. At Westminster f. 590. B. At London a general one f. 594. D. At Winchester f. 596. B. At London f. 597. F. At London f. 600. E. At London f. 610. E. At Westminster f. 621. B. At London f. 623. F. At Oxford f. 624. C. What Ordinances made there f. 627. E. F. Three to be held every year f. 626. C. At Kenelworth f. 658. A. c. At St. Edmunds-bury f. 661. A. B. The Kings and Legats Demands made there and the Answer they received Ibid. C. D. E. F. At Merlebergh f. 665. B. Hugh Pateshul made Justiciary f. 561. F. St. Pauls when built and made a Cathedral f. 103. F. Paulinus Ordained Bishop and Baptized Edwin f. 104. E. F. Paulus Catena his cruelty f. 34. C. Peculiars their Original f. 215. C. Pelagian Heresy propagated in Brittain f. 38 E. Perennis a great Favorite of the Emperor Commodus f. 28. F. He was accused of Treason by the Soldiers and put to Death f. 29. A. Pertinax sent into Brittain by Commodus f. 29. B. C. Peter the Hermit preached up the Holy-War f. 223. B. His Prophecy f. 483. lin 3. Peter pence by whom granted f. 108. lin 1. Philip Earl of Flanders a Confederate of young Henry's against his Father King Henry the 2d f. 317. lin 1. 318. F. He was a great Director to Philip Son to Lewis King of France f. 335. E. He did Homage to the King of England f. 336. A. Philip Bishop of Beavais his complaint to the Pope against King Richard and the Popes Answer f. 455. A. B. Philip Son to Lewis King of France Crowned at Rhemes f. 335. C. His undutifulness to his Father Ibid. E. He was made sensible of his Duty by Hen. the 2d King of England f. 336. A. His Agreement with the King of England to undertake the Cross f. 342. C. The King of England doth Homage to him f. 348. D. The Agreement between King Richard and him to undertake the Cross f. 423. B. His Treachery to King Richard f. 429. E. The difference between them composed f. 430. A. His arrival at Acon Ibid. B. He desired King Richards leave to return home f. 431. C. His Oath to King Richard Ibid. D. His promise to Earl John upon Marriage of his Sister f. 435. D. His offer to the Emperor to keep King Richard Prisoner f. 439. C. He ravaged and destroyed King Richards Dominions f. 444. E. F. He was totally Routed by King Richard f. 445. A. 451. B. C. D. His cruelty to the English f. 450. F. Articles of Peace between him and King Richard f. 453. lin 1. He Knighted Arthur Duke of Britany and received his Homage f. 463. D. His Demands of King John Ibid. E. He besieged and took his Towns and Castles f. 471. A. He demanded to be divorced from his Queen f. 467. D. E. The Pope impowered him to Execute the Sentence of Deposition against King John f. 483. C. D. His preparation for England f. 484. A. F. Pandulph the Legat advised him to desist f. 486. B. His Victory over Otho the Emperâ—r f. 493. E. His Answer to Walo the Popes Legat f. 508. C. His Death f. 532. E. Picts who they were f. 35. B. F. They harras and spoyl the Britans f. 38. A. 39. C. D. Aulus Plautius sent into Brittain by Claudius f. 12. A. B. Pleas for Church Lands in the Conquerors time how held and before whom f. 140.141 142. None between English-Saxons and Normans f. 143. A. Sometimes held in Churches and Church-yards f. 146. D. Pleadings were in the French Tongue and why f. 155. lin 1. Plebs who f. 55. F. Robert Poer made Governor of Waterford and Treacherously slain by the Irish f. 370. B. 374. B. Poictovins subdued by Henry the 2 d. King of England f. 306. C. They do Homage to Henry the 3d. f. 545. B. They were invited into England by him and had the Wardships of Noblemen given them f. 554. A. They were discharged the Kings Service f. 559. F. They submit to the French King upon Summons f. 586. B. Their great Insolence to the English f. 608. C. D. Polycletus sent into Brittain by Nero to reconcile Julius Classicanus and Suetonius f. 21. A. Adam de Port Impeached of Treason and Outlawed for not Appearing f. 312. lin 1. William Poweric his complaint in the Council of Lyons against Papal Extortions f 593. D. E. He was sent to Rome to complain of Grievances f. 596. A. Prefecture what and how many it consisted of f. 43. C. Presential why so called f. 41. F. Presutagus King of the Iceni made Caesar his Heir f. 18. E. Priests Marriage forbidden f. 126. A. Such as lived in Cities and Burghs might retain their Wives f. 215. C Severe Laws made against their Wives f. 263. F. They were prohibited their Company by Hen. 1st f. 265. B. They were sometimes dispensed with by the Arch-Deacons and Bishops Ibid. D. They compounded with the King for their Wives Company f. 269. F. If Married to be deprived of their Benefices f. 294. B. A Decree against their Concubines f 536. F. Their Sons dispenced with to succeed them f. 262. F. Primâ—cy of Canturbury confirmed by the Pope f. 259. E. Probus conquered the Vandals and Burgundians f. 31. C. Provisions made at Oxford f. 626.627 They were Nulled by the King of France f. 639. A. They were repealed in the Parliament at Kenelworth f. 659. A. B.