Majesty would please to consider his Son Accordingly the King sent for Mr. Spelman and with many expressions of kindness immediately conferr'd on him the honour of Knighthood After the Civil Wars broke out his Majesty by a Letter under his own hand commanded him from his own house in Norfolk to give his attendance at Oxford where he was oftentimes call'd to Private Councel and employ'd to write several papers in Vindication of the Proceedings of the Court But while he was thus attending the affairs of the Publick and when these would give him leave his own Private Studies he fell sick and died the 25. of July 1643. His Funeral Sermon by his Majestie 's special order was Preached by Arch-bishop Usher an intimate Acquaintance both of the Father and Son In the Year 1640. he had publisht the Saxon Psalter from an ancient MS. of Sir Henry's which as he tells us in the Preface was a task enjoyn'd him by his Father He also wrote the Life of King Alfred in English which having layn several years in Manuscript was at last translated into Latin and publisht in 1678. with Mr. Walker's Commentary upon it Clement Spelman youngest Son to Sir Henry was a Councellor and made Puny Baron of the Exchequer upon the Restoration of King Charles II. He publisht some peices relating to the Government and a large Preface to his Father's Book De non temerandis Ecclesiis Dying in June 1679. he was buried in St. Dunstan's Church in Fleet-street To return to Sir Henry He dy'd in London at the house of Sir Ralph Whitfeild his Son-in-law being about 80. years of Age. His body by the favour of King Charles was appointed to be inter'd in Westminster-Abbey whither it was carried with great solemnity on the 24 th of October 1641. and buried at the foot of the Pillar over against Mr. Camden's Monument The Several DISCOURSES Contain'd in this Volume 1. THe Original Growth Propagation and Condition of Feuds and Tenures by Knight-service in England pag. 1. CHAP. I. The occasion of this Discourse and what a Feud is p. 1. CHAP. II. The Original Growth and Propagation of Feuds first in general then in England p. 2. CHAP. III. That none of our Feodal words nor words of Tenure are found in any Law or ancient Charter of the Saxons p. 7. CHAP. IV. Of Tenures in Capite more particularly p. 10. CHAP. V. What degrees and distinctions of Persons were among the Saxons and of what coudition their Lands were p. 11. CHAP. VI. Of Earls among our Saxons p. 13. CHAP. VII Of Ceorls and that they were ordinarily but as Tenants at will or having Lands held not by Knight-service p. 14. CHAP. VIII Of Thanes and their several kinds p. 16. CHAP. IX Charters of Thane-lands granted by Saxon Kings not only without mention of Tenure or Feodal-service but with all Immunity except Expedition c. p. 19. CHAP. X. Observations upon the precedent Charters shewing that the Thane-lands or Expedition were not Feodal or did lye in Tenure p. 21. CHAP. XI More touching the freedom of Thane-land out of Doomsday p. 23. CHAP. XII The fruits of Feodal Tenures and that they were not found among the Saxons or not after our manner p. 24. CHAP. XIII No profit of Land by Wardship in the Saxons time p. 25. CHAP. XIV No Wardship in England amongst the Saxons objections answer'd p. 25. CAAP. XV. No Marriage of Wards p. 29. CHAP. XVI No Livery no Primer-seisin p. 30. CHAP. XVII That Reliefs whereon the Report most relyeth were not in use among the Saxons nor like their Heriots p. 31. CHAP. XVIII Difference between Heriots and Reliefs p. 32. CHAP. XIX No Fines for Licence of Alienation p. 33. CHAP. XX. No Feodal Homage among the Saxons p. 34. CHAP. XXI What manner of Fealty among the Saxons p. 34. CHAP. XXII No Escuage among the Saxons what in the Empire p. 36. CHAP. XXIII No Feodal Escheate of hereditary Lands among the Saxons p. 37. CHAP. XXIV Thaneland and Reveland what no marks of Tenure but distinctions of Land-holders p. 38. CHAP. XXV How the Saxons held their Lands and what obliged them to so many kinds of Services p. 40. CHAP. XXVI The Charter whereby Oswald Bishop of Worcester disposed divers Lands of his Church after the Feodal manner of that time entituled Indiculum Libertatis de Oswalds-Laws-Hundred p. 41. CHAP. XXVII Inducements to the Conclusion p. 43. CHAP. XXVIII The Conclusion p. 46. II. Of the Ancient Government of England p. 49. III. Of Parliaments p. 57. IV. The Original of the four Terms of the Year p. 67. The Occasion of this Discourse p. 69. SECT I. Of the Terms in general p. 71. SECT II. Of the names of Terms ibid. SECT III. Of the Original of Terms or Law-days p. 73 SECT IV. Of the Times assigned to Law-matters call'd the Terms ibid. CHAP. I. Of Law-days among the Ancients p. 74. CHAP. II. Of Law-days amongst the Romans using choice days p. 75. CHAP. III. Of Law-days among the first Christians using all times alike p. 75. CHAP. IV. How Sunday came to be exempted p. 76. CHAP. V. How other Festival and Vacation-days were exempted ibid. CHAP. VI. That our Terms took their original from the Canon-law p. 77. CHAP. VII The Constitution of our Saxon Kings in this matter ibid. CHAP. VIII The Constitution of Canutus more particular p. 78. CHAP. IX The Constitution of Edw. the Confessor most material p. 79. CHAP. X. The Constitution of William the Conqueror p. 80. CHAP. XI What done by Will. Rufus Henry I. K. Stephen and Hen. II. p. 81. CHAP. XII The Terms laid out according to their ancient Laws p. 82. CHAP. XIII Easter-term p. 83. CHAP. XIV Trinity-term p. 84. CHAP. XV. Of Michaelmass-term according to the ancient Constitutions p. 85. CHAP. XVI The later Constitutions of the Terms p. 86. CHAP. XVII How Trinity term was alter'd and shortn'd p. 87. CHAP. XVIII How Michaelmass-term was abbreviated by Act of Parliament 16. Car. I. Cap. 6. p. 81. SECT V. Other considerations concerning Term-time ibid. CHAP. I. Why the High-Courts sit not in the afternoons p. 89. CHAP. II. Why they sit not at all some days p. 90. CHAP. III. Why some Law business may be done on days exempted p. 93. CHAP. IV. Why the end of Michaelmass-term is sometimes holden in Advent and of Hilary in Septuagesima c. p. 95. CHAP. V. Why Assizes be holden in Lent ibid. CHAP. VI. Of the Returns p. 96. CHAP. VII Of the Quarta dies post p. 97. CHAP. VIII Why there is so much Canon and Foreign Law us'd in this Discourse with an excursion into the original of our Laws p. 98. Appendix p. 104. V. An Apologie for Arch-bishop Abbot touching the death of Peter Hawkins the Keeper wounded in the Park at Bramsil July 24. 1621. p. 107. VI. An Answer to the said Apologie p. 111. VII Letters and Instruments relating to the killing of Hawkins by the A. B.
Christian King caused his own Laws to be put in writing about the year 605. as other Western Nations in an age or two before had done and as Bede saith wrote them in the Saxon tongue The first Charter if I shall so call it or writing touching lands and privileges was as a MS. of Canterbury reporteth made by Withredus King of Kent in the year 694. and as that Charter it self witnesseth was appointed to be kept in the Church of our Saviour at Canterbury as a precedent for posterity to imitate and tho' it appeareth not there in what language it was written yet I presume it was in the same with their Law which was the Saxon tongue For there be two copies of it extant in Latin so differing the one from the other as thereby they both appear to be translations For proof thereof the one of them useth the words Charta and Chartula which Ingulfus affirmeth to be brought in hither by the Normans that is above three hundred years after the time of this Charter of Withred's The other Latin copy termeth it Scriptum not Chartam and the Saxons themselves used neither of those words but called such writings in Latin Chirographos not Chartas as Ingulfus there also testifieth So that it hereby appeareth that the Prototype or first pattern of Charters which the Saxons imitated was not in Latin but in Saxon. Secondly it is therefore to be presumed and very strongly that tho' this Charter of Beorredus remaineth to us by a Latin copy yet the original it self like a thousand others was in the Saxon tongue Nor could it in all probability be otherwise for at the very time when it was made viz. in anno 868. learning was so generally subverted throughout England by the barbarous Danes that King Alfred who began to reign within four years after the date thereof saith Paucissimi fuerunt cis Humbrum qui vel preces suas communes sermone Anglico intelligere potuerant vel scriptum aliquod è Latino transferre Tam sane pauci fuerunt ut ne unum quidem recordari possum ex australi parte Thamesis tum cum ego regnare occaeperam But as their original Charters were in the Saxon tongue so in the Leiger-books in which they are preserved to us they are often set down in the Saxon and then because the books themselves are in Latin they are there translated also into Latin and often times set down in the Latin only without the Saxon as in the book of Ramsey-Abby which having no Charters in it in the Saxon tongue the Author of it saith that himself had there translated them all into Latin after that that Abby in the days of King Stephen had recovered her liberty Yet I deny not that Latin Charters might be often used by their latter Clergy-men when learning which in Beorred's time was utterly subverted began at last to recover life again Thirdly I conceive that the word feudum or feodum was not in use in Beorredus's days viz. anno 868. For proof whereof we are to consider the infancy youth and full age of the Feodal Law for according to these several times the Feodal Lands had their several denominations First they were called Munera then Beneficia and lastly Feuda as is aforesaid Marculfus who collected the Formulas or Precedents as we call them of Charters and Instruments of the time he lived in which was under Clodovaeus II. King of France about the year 660. maketh mention in his first book of Munera and in his second of Beneficia but no where of Feuda and he who a hundred years or more after him collected the Formula's incerti Autoris speaketh divers times of Beneficium but never nameth Feudum for that this term came not into use till afterwards when these Beneficia began to be granted in perpetuity Beneficium Regis saith Bignonius postea Feudum dictum est And in another place he saith Beneficii nomine ea praedia dicta sunt quae Feuda posteritas dixit initio namque vita accipientis finiebantur As if he should say they were called Beneficia when they were granted only for life of the Grantee but were called Feuda when they began to be granted in perpetuity and not before Cujacius therefore speaking of Feudatarii which word came into use with Feudum for Relatives mutuo se ponunt auferunt saith that when Actores custodesque proediorum nostrorum temporarii perpetui esse caeperunt c. when those who had the use and ordering of our Lands for a certain time began to enjoy them in perpetuity and yet retained their Latin name of Homines our Men they grew then also to be called after new and forreign names Vassalli Leudes and Feudatarii by the Princes and great Noblemen who choosed rather to grant them lands in perpetuity in consideration that they should do them military service And he saith that these names were first brought into Italy by the German Princes Where and particularly in Milan as Merula reporteth the Feodal Laws and Customs have had their original and from thence been propagated throughout Europe By this it appeareth that the words Feudum and Feudatarii were not in use till that the word Munera was grown obsolete Nor afterward till Beneficia leaving to be temporary or but for life became to be perpetual possessions which as I have often said was not long before the Conquest So that the word Feudum could not be in use in Beorredus's time who lived two hundred years before Fourthly Tho' the word Feudum were in the original Charter of Beorredus yet doth it not prove that our Feuds were then in use For call them Beneficia or call them Feuda certain it is that neither the one nor the other were then hereditary or perpetual but either temporary or for life only which at length begat the difference between Feuda and Beneficia for Beneficia in a restrained sense began to signifie no more than an estate for life in which sense it resteth at this day in our Clergy-men's Livings called Benefices and the word Feuda grew to be understood only of such Beneficia or Benefices as were perpetual and hereditary To return from whence we digressed I suppose it now appeareth sufficiently how some Feodal words are crept into Charters and writings of Saxon date and I think I may conclude that the words before mentioned Tenura tenentes tenementa tenere or tenendum in a feodal sense or feodum it self were not in use among them Much less Tenure in Capite Tenure by Knight-service Tenure in Socage or Frank-Almoign tho' the like services were performed to the Saxon Lordships by their Thanes and Theodens their Socmen or Husbandmen and their Beads-men or Clergy-men by way of contract for the lands received from them as were after the Conquest to the Norman Lordships by way of Tenure for lands holden of them The Neapolitan and Sicilian Constitutions which
by the Saxons it casteth anchor chiefly on Reliefs as a thing most evident and unanswerable the rest save Wardship it scarcely fortifieth with a breath besides the bare assertion This it saith was common and in pursuit thereof addeth these words For Reliefs we have full testimony in the Reliefs of their Earls and Thanes for which see the laws of King Canutus Cap. 68 and 69. the laws of Edw. the Confessor cap. de Heretochiis and what out of the book of Doomsday Coke hath in his Instit Sect. 103. Camden in Berkshire Selden in Eadmer 154. Great authorities secumque Deos in praelia ducunt We must not meddle with them all at once let us try them singly The law cited out of Canutus is in these words And beon ða heregeata Let the heriot which was to be paid after the death of great men be according to their dignities An Earl's eight Horses four sadled and four unsadled four Helmets four Corslets eight Spears and as many Shields four Swords and two hundred marks of Gold The heriot of a Thane next to the King four Horses two sadled and two unsadled two Swords four Spears four Shields one Helmet one Corslet and fifty marks Of the inferiour or midling Thane an Horse furnished and his weapon c. And he that less hath and less may let his heriot be two pound Here is speech indeed of an heriot but none of Relief I shall anon shew the difference between them and then hath this law nothing against me Touching the law alledged to be Edward the Confessor's the words be these Qui in bello ante Dominum suum ceciderit sit hoc in terra sit alibi sint ei relevationes condonatae c. Here I confess is mention of Reliefs but I deny this to be the law of Edward the Confessor 't is true that it is published by Lambard among his receiv'd laws but if you mark it in a differing letter as noting it to be an addition In an ancient MS. therefore which I have of those laws it is not sound nor in the printed copy of Roger Hoveden who wrote till the third year of King John that is 134. years after the Confessor's time with reverence therefore be it spoken it is mistaken both in the Report and by my Ld. Coke himself whom it followeth if they say that these words were part of the law of Edw. the Confessor yea the text it self maketh ..... of William the younger call'd Rufus But to conceal no truth it is delivered by Jornalensis Monachus in the very same words as a law of an elder King amongst us than the Confessor namely of Canutus our Danish King who in the 157. Chap. of his laws speaking of one slain in battel in the presence of his Lord saith expresly Sint ei relevationes condonatae Now the game seemeth to be wonn but stay a while and remember what I said before of the translations of our Saxon Laws and Charters into Latin The Saxons and the Danes whose Language and Laws differ'd little in those days wrote their Laws only in their own tongue and the translating of them hath begotten much variety and many controversies we must therefore resort to the original Saxon where this passage is in the 75 th Chap. of the second part of his Laws in these words se man ðe aet ðam syâ—dung toforan his hlaâ—ord â—ealle sy hit innan lande sy hit of lande beon herogeata forgyfene which is thus verbatim The man that in a military Voyage is slain before or in the presence of his Lord be it upon land or off of land let the Heriots be forgiven him He saith not let the Releifs but let the Heriots be forgiven him and I deny not but this might be one of the Danish Laws which Edward the Confessor took out of Canutus's Laws when he compos'd the Common Law out of the West Saxon Law Mercian Law and Dane Law if the copies of them were extant and it is very probable that William the Conquerour or one of his sons did turn that Law of Heriots into this of Reliefs For that which my Lord Coke hath out of Doomsday is the same which Mr. Cambden hath in Barkshire touching all that County Vt Tainus vel Miles Regis Dominicus moriens pro releviamento dimittebat Regi omnia arma sua Equum unum cum sella alium sine sella quod si essent canes vel accipitres praestabantur Regi ut sivellet acciperet Here is releviamentum us'd in the Conquerour's time which I doubt not but our Question is of it in the time of the Saxons That also cited by and out of Mr. Selden is of the same nature and one answer therefore serveth to all the three Yet by way of corollary I shall anon discover another error of this sort rising even from Doomsday it self and the Normans possessing this Kingdom of the Saxons but not well instructed in their Laws and Customs which is as followeth CHAP. XVIII Difference between Heriots and Reliefs HEriots were usual among the latter Saxons Reliefs among the elder Normans before their coming into England This according to the custom of the Feudal Law and other Nations that ordain'd by Ludovicus al. Clodoveus King of France about the year 511. to tame the Almans whom he then had brought to servitude I find it not in England till the Soveraigntie of the Danes The first Laws which I find that mention it are those of Canutus before mentioned who perhaps for the assurance of his throne us'd this politick device to have all the Armour of the Kingdom at his disposition in this manner when he had dismissed his Danish Army But it falling so out as the Heriot being to be paid at or after the death of the Old Tenant and the Relief at or before the entry of the new the Normans in this did like our Ancestors the Saxons who because our Christian Pascha or Passover fell out yearly to be celebrated about the time of the Feast of their Idol Easter call'd our Passover by the name of their Easter so they seem to have conceiv'd the Saxon heriot to be the same that their Norman Relief was and therefore translated the word heriot by Releviamentum or Relevium and raising the form of their Feudal Law in England drew the Saxon customs to cohere therewith as much as might be But there is great difference between Heriots and Reliefs for Heriots were Militiae apparatus which the word signifieth and devised as I said before to keep the conquered Nation in subjection and to support the publick strength and military furniture of the Kingdom the Reliefs for the private commodity of the Lord that he might not have inutilem proprietatem in the Seignory The Heriots were therefore properly paid in habiliments of war the Reliefs usually in money The Heriot for the Tenant that died and out of his goods the Relief for the Tenant
and the reason why our common Law was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an unwritten Law They were originally a Grecian Colonie coming out of Lacedaemon and the Territorie of Sparta Where Lycurgus being sometime King and Author of their Law among other of his Decrees he named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ordain'd this for one That their Laws should not be written because he would have every man to fix them in his memory and for that purpose made them short and summary after the manner of our maximes This course the Saxons and by their example the other German Nations held for many ages The first of the Northern Nations that alter'd it were the Goths who in the Aera 504. i. e. the year of Christ 466. under Euricus their King set their Laws in writing Legum instituta scriptis habere caeperunt ..... The Burgundians and Saliques a little before but the Saxons themselves and the Angli Werini and Frisii are not noted to have written Law till the time of Herald the Dane about the year 994. So that our Saxons here in Britain began to write some of their Laws before their brethren of Germany For tho' they reduc'd not the general manners and customs of their Country whereby they liv'd and were govern'd into a written Volume but left them still as Lycurgus his Rhetras to common memory and tradition yet many of their ancient Kings after they had recieved Christianity put their own Constitutions into writing So did the most ancient of them Aethelbert King of Kent about the year 680. if his Laws whereof I have a MS. copy were in his own days put in writing So did Inas King of the West-Saxons What the Laws of the Britains were remains at this day to be seen by a model of them in an ancient Manuscript under the Title of The Laws of Hoel Dha that is Hoel the good nothing consonant to these of ours at this day or those of the Saxons in time past But we find by the Red Book in the Exchequer that the Laws of Hen. I. did so concur in many things with them of the other Nations we spake of that sometimes he not only citeth the Salique Law and the Ribuarian or Belgique Law by name but deduceth much of the Text verbatim from them And we find also a great multitude of words of Art names of Offices Officers and Ministers in our Law common in old time to the Germans French Saliques Longobards and other Nations as well as to our Saxons Danes and Normans but not one to my knowledge that riseth from the British tongue nor do we retain any Law Rite or Custom of the ancient Britains which we received not from the Saxons or Germans as used also by them of old before they came into Britain For these few Greek words that are found in our Law Chirographer and Protonotary whereby some argue the antiquity of our Law to be from the Druides whom Caesar and Pliny report to have used the Greek tongue it is doubtless that they are come to us from the Civil Lawyers and the one of them being a Mongrel half Greek and half Latin could not descend from the Druides who had neither knowledge nor use of the Latin tongue They therefore that fetch our Laws from Brutus Mulmutius the Druides or any other Brutish or British Inhabitants here of old affirming that in all the times of these several Nations viz. Britains Romans Saxons Danes and Normans and of their Kings this Realm was still ruled with the self same customes that it is now viz. in the time of King Henry VI. govern'd withal do like them that make the Arcadians to be elder than the Moon and the God Terminus to be so fixed on the Capitoline-hill as neither Mattocks nor Spades nor all the power of men nor of the other Gods could remove him from the place he stood in And thus I end APPENDIX Pat. 11. Hen. III. m. 13. REX universis Patentes literas inspecturis salutem Cum Venerabilis Pater S. Cant. Episcopus auctoritate Domini Papae fratrum suorum nobis gratiam de juramentis praestandis coram Justiciariis nostris de Praecept nostro Itiner ab instanti Adventu Domini usque ad Vigiliam Sancti Thomae Apostoli a principio Quadragesimae usque ad Dominicam qua cantatur Isti sunt dies duntaxat in rebus subscriptis viz. in Assizis ultimae praesentationis de morte Antecessor novae diss de magna Assiza de Inquisitionibus quae de terra emergerint coram eisdem Justiciariis nostris vel per judicium vel de consensu pertinent Ita quod haec concessio hoc anno tantum durabit usque ad diem Dominicam supradictam Nos per literas nostras patentes quas eidem Domino Archiepiscopo fieri fecimus protestati sumus quod concessio illa nobis ad praesens facta usque ad diem Dominicam supradictam non trahetur in consequentiam post eundem diem Cum igitur supplicaverimus Ven. Patri IV. Archiepiscopo Eboracensi de consimili gratia nobis concedenda de Juramentis praestandis per totam Provinciam suam usque ad Terminum praedictum Nos per has literas nostras Patentes protestamur quod dictus Archiepiscopus Ebor. per totam Proviciam suam id de Juramentis praestandis sicut praedictum est nobis duxerit concedendum concessio ista ad praesens facta usque ad terminum praedictum non trahetur in consequentiam post diem eundem In cujus rei testimonium eidem Domino Archiepiscopo Ebor. dedi has literas nostras Patentes sigillo nostro signatas Teste meipso apud Westmonast 11. Nov. Anno regni nostri undecimo Claus 11. H. III. m. 26. Rex dilectis fidelibus suis Stephano de Segrave Roberto de Lexinton sociis suis Justic Itinerantibus in Com. Warw. Leic. Glouc. Wigorn. Salutem Sciatis quod Venerabilis Pater S. Cant. Archiep. auctoritate Domini Papae concessi quod juramenta praestentur coram Justiciariis nostris Itinerant ab instanti adventu corum usque Vigiliam Sancti Thomae Apostoli à principio Quadragesimae usque ad diem Dominicam qua cantatur Isti sunt dies viz. in Ass ultimae praesentationis de morte Antecessor de magna Ass de Inquisitionibus quae emergerint de terris sicut plenius nobis constitit ex inspectione literarum Domini Cant. quas inde vobis mittimus Rogamus ut V. P. W. Ebor. Archiepiscopus quatenus concedens juramenta in consimilibus causis praestari infra Provinciam suam usque ad Praesat Terminum literas suas patentes consimiles literas Domini Cant. inde habere faciat Vt autem liberius facilius hoc volet facere misimus literas nostras patentes quales fieri fecimus Domino Cant. protestantes quod post terminum praefatum concessio praedicta ab eo nobis facta non poterit trahi in observantiam Vobis
text of customs And to clear the doubt in the elder Edition publish'd by Tottill 12. June 1556. no such thing is mention'd but if it were there are such other differences in their copies as both their authorities may be question'd and I in the mean time well delivered from this objection Let us see what followeth Fourthly For the antiquity of Wardships in England and Scotland See also says the Report Hector Boet. lib. 2. Buchanan rerum Scot. lib. 6. and the laws of Malcome II. which prove the antiquity of Wardships in Scotland and in England before the Conquest For in those times it is probable the laws of both Nations did not much differ as for the times after it appears they did not by comparing their Regiam Majestatem with our Glanvil Neither is the bare conjecture of Sir Henry Spelman sufficient to take away the force of those laws Vid. Spelman's Glossary verbo Feudum Upon all this saith the Report they the Justices of Ireland did conclude and proceed to sentence With the sentence as a sacred thing I will not meddle But as touching that part of this argument which In nostros fabricata est machina muros I 'm tyed either to answer or to submit For Hector Boethius therefore I confess the place to be truly alledg'd and that hitherto hath seldom happened but for the credit of that Author I wish Leland were alive to deliver the censure he hath left upon him with his own mouth I forbear it True it is he relateth that Malcolm II. gave all his lands well nigh unto his Nobility in reward of their service and that they in thankfulness to support his dignity regranted unto him Vardam Desponsationem releviam al. relevatam Wardship and Marriage of their Heirs within age and Relief of those of full age The Paragraph there is long but to the effect we spoke of It is also true that Buchanan doth report the like and since him Cameraris and a little before them all Johannes Major but all their harping is from the sound of one string which in the Report is not left unstrain'd i. e. the laws of Malcolme before mention'd where it is said that ad montem placiti in Villa de Scona omnes Barones concesserunt sibi Wardam Releviam de Haerede cujuscunque Baronis defuncti ad sustentationem Domini Regis Which because they concern a noble Kindom and have been receiv'd as authentical by an ancient Parliament I will not presume to contradict it But I humbly offer to the consideration of the Learned of that Kingdom and to those of ours and theirs that are conversant in Antiquities these particulars following First It being agreed which the Scots affirm that Malcolm II. began his reign in the year 1004. i. e. above 60. years before the Normans Conquer'd England how it cometh to pass that Malcolm useth so many Norman words in his Scottish Laws and whether those words be found in any other monument there before for in England it was not so Secondly Whether their Kings then had not only a Seal but magnum sigillum in the custody of the Chancellor and set-fees appointed for the use of it for in England it was not so tho Edward the Confessour had a Seal after Malcolm's time Thirdly Whether they had brevia clausa in cera and other ordinary instruments seal'd cum magno sigillo and fees appointed for it for in England it was not so Fourthly Whether they had solemn presentations to Churches and Hospitals under Seals in that manner for this was long before the Council of Lateran Fifthly Whether they had then the names of Barons Seneschallus Constabularius Mareschallus not in use in England in the time of the Confessour as appeareth for the two latter by the Appendix to the Confessours laws and for their Seneschallus called their Steward Buchanan says he was brought in by Malcolm III. into Scotland Sixthly Whether the Norman Officers of Justiciarius Vicecomes Coronator Ballivus c. were then in use by any other proof than by or from these laws sic de caeteris Many other things I pretermit and take no exception to the frequent mention of Pounds and Shillings tho' I know they were scarce with them in Scotland as not abundant then in England but paid in Truck and Cattel But I admit that which the Report saith that in those times it is probable the laws of both Nations did not much differ As for the times after it appeareth they did not by comparing their Regiam Majestatem with our Glanvil They run much I confess paribus vestigiis and oftentimes totidem verbis iisdem paragraphis Whether of them leads or follows the other I dare not define and am loath to dispute The Preface to the Regia Majestas sheweth it to be written at the command of King David whom Skeneus in his Annotations calleth the first and saith he began to reign Anno 1124. i. e. 24. or 25. of Hen. I. And 't is certain that our Glanvil was not written till the time of Hen. II. who began not to reign till 1154. so that if this be true it must needs follow that we took a great part of the modell of our laws or at least the expression of them from the Scots which our Ancestors never yet acknowledg'd It may perhaps fall out upon better examination that David I. may be mistaken for David II. But for the part of Malcolm II's laws which speak of Wardship Marriage and Relief in Scotland at that time to have risen from their own Nobility Buchanan himself recedeth from that opinion and concludes Hunâ— morem ab Anglis Danis potius acceptum credo quod in tota Anglia parte Normanniae adhuc perseveret And Demster himself their greatest Antiquary ingeniously consesseth that there were no Barons in Scotland till Malcolm III. created them And he might well take his precedent from the Conquerour for he liv'd all the time of the Conquerour and about seven years after so that if there were no Barons in Scotland in the time of Malcolm II. as Demster affirmeth or the precedent taken out of England for Wardship as Buchanan believeth then could not this law be made in Malcolm II's time but seemeth rather by both their opinions to be ascrib'd to Malcolm III. and that the error hath risen as easily it may in writing II. for III. But in the mean time all this makes no proof against me CHAP. XV. No Marriage of Wards AS for Marriage it is here and in some other places mention'd by the Report but not a word any where to prove that it belonged to the Lord in the Saxon time I will help them with what I meet in the old MS. Book of Ramsey Sect. 120. where it is said that one Edwine son of Othulf gave five hides of land to Archbishop Odo Pro eo quod Regem Edredum inflexerat ut ei liceret
the shooting here mentioned seemeth not to be the long-bowe which stirreth the body and is profitable to health but that deadly Engine which imagineth mischief as a law the Cross-bowe whose force a man cannot mitigate as in other weapons and is properly numbred amongst the instruments of War and therefore by a multitude of Canons prohibited to Clergy-men so that they may not use them pro justitia exercenda as appeareth by the Constit of Othob Tit. de Clericis arma portan nor equitantes per loca periculosa as it is in the Gloss upon the Decret of Gratian p. 992. where the Text is Clerici arma portantes usurarii excommunicentur But I have gone the length of my tedder I mean as far as the Apologie leadeth me and therefore now manum de tabula The case of this Reverend and most Worthy Person deserveth great commiseration and tender handling for who can prevent such unexpected casualties Yet may the consequence prove so mischievous both to himself and those that are to receive their Consecration from him as of necessity it must be carefully look'd into and provided for Let me remember an ancient precedent even in one of his own Predecessors Stigand Arch-bishop of Canterbury in the time of the Conquest who because he had not Canonically received his Consecration but from the hands of Pope Benedict who stood Excommunicate and sacris interdictus was not only deprived himself by authority of a Council but also the Bishops and Abbots which had taken their Consecration from him Therefore the Bishops of Wells and Hereford foreseeing that evil to make all clear fetch their Consecration at Rome from Pope Nicholas Vitabant enim saith Flor. Wigorn. in An. 1070. à Stigando qui tunc Archiepiscopatui Doroberniae praesidebat ordinari quia noverant illum non Canonice Pallium suscepisse It is good to follow the counsel of Gratian in the like matter Consultius est in hujusmodi dubio abstinere quam celebrare ca. 24. 1716. But because we are fallen into a case wherein perhaps some extraordinary Consecration may be required let me also relate a strange Consecration used in the entrance of the Reign of Henry I. An. 1100. where Eadmere a Monk of Canterbury being elected by the Clergy and People of Scotland to be Bishop of St. Andrews with the great good liking of King Alexander and the Nobility Yet by reason of some discontentments the same King had conceived against the Arch-bishop of York within whose Province Scotland then was he would by no means agree that Eadmere should take his Consecration from that Arch-bishop and after much consultation how then it might otherwise be performed it was at last agreed that the Staff of the Bishoprick should be solemnly laid upon the Altar and that Eadmere taking it from thence should receive it as deliver'd him from God himself which accordingly was done This calleth to my mind another of like nature somewhat more ancient where Wulstan the good Bishop of Worcester both resigned his Bishoprick by laying the Staff thereof upon the shrine of St. Edward the Confessor by the agreement of a Council holden under Lanfranc and in like manner received the same again from thence in the presence of King William the Arch-bishop Lanfranc and many others not without some miracle as Matthew Paris writeth it in An. 1095. These as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And thus in this matter of Shooting If I have done as the Proverb saith Shot like a Gentleman that is fair tho far off it sufficeth I humbly crave pardon 19. Octob. 1621. Recep Apolog. â—5 Octob. praeced SOME Letters and Instruments Concerning The killing of Hawkins by Arch-bishop ABBOT A Letter written by his Majesty to the Lord Keeper the Bishops of London Winton Rochester St. Davids and Exeter Sir Henry Hobart Kt. Chief Justice of the Common-Pleas Mr. Justice Dodderidge Sir Henry Martin and Mr. Doctor Steward or any six of them whereof the Lord Keeper the Bishops of London Winton and St. Davids to be four IT is not unknown unto you what happened this last Summer unfortunately to our Right Trusty and our Right Well-beloved Counsellour the Lord Arch-bishop of Canterbury who Shooting at a Deer with a Cross-bow in Bramsil-park did with that shoot casually give the Keeper a wound whereof he died Which accident tho it might have happened to any other man yet because his Eminent Rank and Function in the Church hath as we are informed ministred occasion of some doubts as making the Case different in his Person in respect of the Scandal as is supposed We therefore being desirous as it is fit We should to be satisfied therein and reposing especial Trust in your Learning and Judgement have made choice of you to inform Vs concerning the nature of this Case And do therefore require you to take it presently into your consideration and the Scandal that may have risen thereupon And to certify Vs what in your Judgements the same may amount unto either to an Irregularity or otherwise And lastly what means may be found to redress the same if need be of all which points We shall expect to hear your Reports with what diligence and expedition you possibly may Dated at Theobalds 3. Oct. 1621. A Letter from the Lord Keeper to Arch-bishop Abbot intimating the Reception of his Majesty's Letter May it please your Grace MY Lord of Winchester my Lord Hobart Sir John Dodderidge Dr. Martin and my self having met this afternoon about a Letter sent unto us together with some others under his Majesty's Signet and finding the Contents thereof to require from us some information of the nature of an unfortunate Act which doth referr unto your Grace We thought our selves ty'd in all justice and respect to send your Grace as I do here inclosed a copy of his Majesty's Letter And to let your Grace understand that we are ready to receive from your Grace in writing all the qualifying circumstance of the Fact if any such there be omitted in this Letter that we may be better grounded to deliver our Opinions as is desired concerning the nature of this unlucky accident And we have appointed two of the clock in the afternoon upon Saturday next to be the time and this Colledge of Westminster to be the place of our meeting to receive what information of the Fact your Grace shall 〈…〉 unto us And ceasing to be further troublesome I shall 〈…〉 Your Grace's poor Friend and Servant Jo. Lane C. S. Westminst Coll. 〈…〉 of October 162â— The Arch-bishop's Answer My very good Lords I Thank you for sending me the Copy of his Majesty's Letter which concerneth the â—nhappy 〈…〉 that befell me in Hampshire I here inclosed send unto your 〈◊〉 a â—opy of the Verdict given up by the Jurors unto the Coroner as also a 〈…〉 of some circumstances of this Fact which are not expressed in that Verdict 〈◊〉 the first being already upon Oath it needeth not as I
Northampton who builded the gallery there but in Queen Mary's time the same was restored to that See where it so continueth 5. The Lord Arch-bishop of YORK'S house was the White-hall much enlarg'd and reedify'd by the Cardinal Wolsey then Arch-bishop of York as by the Arms remaining in wood stone and glass in sundry places of that house may appear And after the said Cardinals conviction of Premunire and Death the same was made parcel of the King's Palace at Westminster by purchase from the Arch-bishop of York as appeareth by the Stat. of 28. Hen. VIII ca. 12. But afterwards until anno 2. or 3. of Queen Mary the Arch-bishop of York had no other dwelling-place near London in right of his See or by reason of his Arch-bishoprick but the house at Battersey and then Queen Mary gave to Arch-bishop Heath and his Successors the late Duke of Suffolk's house called Suffolk-place in Southwark which the Arch-bishop of York by confirmation of the Dean and Chapter there shortly after sold away to others and purchased to his See York-place where the Lord Chancellor remaineth together with the houses adjoining to the Street Which house was sometime the Bishop of Norwich's Place and the same among all or the greatest part of the possessions of the See of Norwich about an 27. Hen. VIII were convey'd to the King by a private Act of Parliament in recompence of the union of the Monastery of St. Bennets and the possessions thereof to that Bishoprick being of far better value than the ancient Lands of the Bishoprick of Norwich assur'd to the King as is recited in the Statute of 32. Hen. VIII ca. 47. whereby the Bishop of Norwich is made Collector of the Tenths of his Diocess as other Bishops were being formerly free'd thereof by the said private Statute of 27. Hen. VIII Which said now York-place by Hen. VIII was convey'd in fee to Charles Brandon Duke of Suffolk and after the death of the said Duke's sons the coheirs of the Duke's sons sold the same to the said Arch-bishop Heath and his Successors 6. But the Bishop of NORWICH was limited by the said private Act of 27. Henry VIII to enjoy perpetually in succession a Prebend in the Free-Chappel of St. Stephens at Westminster after dissolv'd by the Statute of Dissolution of Colledges and Free-Chappels 1. Ed. VI. and the house thereto belonging in Chanon-row whereof then was incumbent one Knight but the house is said to be Leas'd for some small Rent by the Bishop of Norwich to Sir John Thinn Knight in Edw. the Sixth's time for many years enduring And that the house now call'd York-place was belonging to the Bishop of Norwich is proved by a Case 21. Edw. IV. fol. 73. in a Presentment against the Bishop of Norwich in the King's Bench for annoyance of a way inter hospitium Episcopi Norwicensis Dunelmensis in parochia Sancti Martini in Campis 7. DURHAM-HOUSE as appeareth in that Case was the Bishop of Durham's house and Bishop Tonstal about the 26 th of Hen. VIII convey'd the same to the King in Fee and King Henry VIII in recompence thereof granted to the See of Durham Coldharborrowe and certain other houses in London And after Edw. VI. about an 2. granted Durham-house to the Lady Elizabeth his Sister for life or until she be otherwise advanced After the Bishoprick of Durham by a private Statute not printed of 7. Edw. VI. was dissolved and all the possessions thereof given to King Edw. VI. who shortly after convey'd in Fee the said Bishop's late house at Coldharborrowe and other houses in London to Francis Earl of Shrewsbury and his heirs And after the 2d. Mariae ca. 3. The Stat. of 7. Edw. VI. for dissolving that Bishoprick is repeal'd but the Mansion-house of Coldharborrowe and other Tenements in London so granted to the said Earl be confirm'd And the Bishop by that Act prayeth a recompence from the Queen at his charge Whereupon Queen Mary about anno V. or VI. of her reign granteth to the said Bishop of Durham her reversion of Durham-place in succession which coming into possession by the death of Queen Elizabeth the late Bishop of Durham now Lord Arch-bishop of York enter'd into and enjoy'd the same in the right of his See by opinion of the chief Justices of the Land referr'd by the King being opposed by Sir Walter Rawleigh as likewise doth the now Bishop of Durham 8. The Bishop of LICHFEILD and COVENTRY of old call'd the Bishop of Chester before the new erection of the new Bishoprick of Chester had his Place where Somerset-house is builded 9. 10. As likewise the Bishops of WORCESTER and LANDAFF had there sometime a house as Stow in his Book of Survey of London saith But the said three Bishops Places together with a Parish Church call'd Straunde-Church and the greatest Inn of Chancery call'd Straunde-Inn belonging to the Middle Temple were defaced without recompence to any of the said three last mentioned Bishops Parish Church or Inn of Chancery Other than to the Bishop of WORCESTER who had in respect of his former house a house in the White Fryers which he enjoyeth 11. Arondell-house now the Lord Admiral 's was the Bishop of BATH and WELLS'S and was assured in Edw. VI. time to Admiral Seymer and is now quite sever'd from that Bishoprick without recompence 12. Likewise the Bishop of EXETER'S Place after call'd Paget Leicester and Essex-house of the several Owners of the same And it is thought the Bishop of Exeter hath likewise no recompence for the same of any other house in or near London 13. The Bishop of SARUM'S Place now call'd Dorset-house before call'd Sackvile-house and of former time Salisbury Court being in long Lease made by Bishop Capon who was Bishop there in Hen. VIII Edw. VI. and Queen Mary's time was exchang'd temp Reginae Elizabethae by the great Learned Reverend Father Bishop Jewel for recompence of good value in Lands in his Diocess or elsewhere in the West Country 14. The Bishop of St. DAVID'S Place was near adjoyning to Bridewell upon the ditch that runneth to Fleet-bridge into the Thames and was granted in Fee-farm for a Mark Rent temp Edw. VI. to Dr. Hewick the Physician under which purchase the same is now enjoy'd 15. The Bishop of HEREFORD'S Place as Stow in his Survey of London pag. 357. saith is in the Parish of St. Mary de Monte alto or Mount-halt in London of which Bishops Patronage the said Church also is which Place is in the tenure of the Bishop of Hereford or his Tenants 16. 17. The Bishop of LONDON'S Place at Pauls was never sever'd from the Bishop's possession And likewise ELY Place from the Bishop of that See other than such part thereof as the late Lord Chancellor Hatton had by Lease for many years from the late Bishop Cox 18. The Bishop of BANGOR'S house is or lately was Mr. Aleworth's house
in Shoe-lane by a Lease from the Bishop of that See temp Edw. VI. yeilding some Rose or other small or not valuable Rent 19. The Bishop of LINCOLN'S Place was Southampton-house in Holborn convey'd temp Edw. VI. to the Lord Writoheseley then Lord Chancellor in fee for which the Bishop hath no other house in or near London as is thought 20. The Bishop of CHICHESTERS Place or Palace as Matthew Paris in his Chronicle calleth it reciting the story of the Lord Arch-bishop of Canterbury visiting St. Bartholomews did at that time lye in that house which was in Chancery-lane where Sir Richard Read sometime a Master of the Chancery and Mr. Atkinson the Counsellor at Law and others dwelt and dwell in and is said to be in Lease from the Bishop's Predecessors for divers years What the Rents reserv'd yearly be the Lease will shew the same 21. The Bishop of St. ASAPH never had Place at or near London that I can learn of neither in the valuation of the See where all his Possession and Jurisdictions be valu'd in the First-fruit-office is there mention of any such Place neither doth the now Bishop of that See know the same 22. The Bishop of the ISLE OF MAN call'd Sodorensis Episcopus altho' the same be an ancient Bishoprick yet was he never Lord of the Parliament of England having no Chapter or other Clergy but only an Archdeacon and all the Incumbents of the several Parishes of that Isle And before the said Statute of 33. Hen. VIII was neither a Suffragan of the Province of Were wont in former times to ride on Mares or Mules 119. Prohibited to take cognizance of Wills 129. Blackney Harbour 151. Blicking 151. The birth place of Q. Anna Bullen ibid. Bocland what 12. Not subject to Homage 35. Bond-men anciently not valu'd or rated 15. Reputed only as part of their Master's substance 11 15. Boors who 14. Bouthorpe 157. Bramsil 108 109. Brancaster 147 148. Breakspear Nich. converted Norway 139. Made Cardinal and Pope ibid. Breclys 161. Brennus a Britain invades Greece 3. His attendants ibid. Brictrick a Saxon Thane 22. Britains none of 'em remaining after Cadwallador's departure 100. Their Laws alter'd by the Romans 101. Bronholm 152. Brotherton Tho. Earl of Norfolk and Earl Marshal of England 167. When he dy'd 168. Buckenham 158. Burg-Castle 155. Burghesses of old not call'd to consult of State-matters 64 65. Burghbote and Brugbote 17 22 40. Burnham in Norfolk 149. Burnham-East in Com. Bucks 23. By what it signifies 3. 154. By-laws 3 154. C Cadwallader Prince of the Britains fled into Armorica 100. Calthorp 151. King Canutus how he publish'd his Laws 61. His Constitution touching Festivals 79. Capet Hugh usurpt the Kingdom of France 5 He grants his Nobility a perpetual enjoyment of their Feuds and Honours ibid. 14. Capitales plagii 52. Capitanei Regis regni 58. Caput feodi aut Capitaneus feodi 11. Carbrook 161. Carolus Calvus Emperour and King of France his Synodical Edict 54 55. Carolus Magnus or Charlemaigne divided his Territories between his three Sons 128. Castle-acre 141. Castle-rising in Norfolk the Parson has the Probate of Wills in that Town 130. Caston 151. Castor 155 156. Ceorls who 12. Of two sorts 14. The chiefest part of their profits redounded to their Lords ibid. Their service no bondage ibid. Their valuation and priviledges ibid. Not capable of a Knights Fee ibid. Champain in France 128. Chancery-Court 94. Charta de Foresta 109 114. Charter the first by whom made and where kept 8. Saxon Charters usually writ in that Language ibid. Charters of Thane-lands granted by several Kings 19 20. Chichley Henr. Arch-bishop of Canterbury canoniz'd St. George's day 93. The occasion of that Constitution ibid. Chindavintus King of the western Goths his Law concerning Wills 130. Cingulum quo sensu accipiendum 185. Cinque-Ports priviledges granted to them by King Edward the Confessour c. 26. Clacklose-Hundred 139. Clergy-men forbidden to use hunting 109 112 113. seq When they took upon them to prove Wills 129. Prohibited by Justinian to meddle with those matters ibid. Cley harbour 151. De Clifford Rob. Marshal of England 167. K. Canute's Charter of donation to the Thane Orc. 20. Coin of England in Q. Elisabeth's time 203 c. Colloquia 65. Comites who and why so call'd 3. Commendati 35. Congham 145. Conradus Salicus made a Constitution touching Feuds 4 5. Consecration a strange one of Eadmer a Monk of Canterbury 119. Consilium regni 60. Controversies among the ancient Britains by whom judg'd 74. Conveyance of lands how made by the Saxons 8. Cosshering what 60. Cossey 157. Counties in England 5. County-Courts how often kept 54. Were proclaim'd a sennight beforehand ib. Earl's County and Bishop's Diocess had but one limit 130 131. Ecclesiastical and Secular causes there decided 131. Court-Baron 4. It s Original 51. Court-Leet 51. Sometimes granted to the Lords of Mannours ibid. Court-Christian or Ecclesiastical when it sprung up 131 132. High Courts of Justice why they sit not in the Afternoons 89 90. Why they sit not all some days 90 91. Why they sit on the Rogation days ibid. Why on some Festivals and not on others 91 The Admiralty-Court why always open 94. Chancery-Court said to be always open ib. Cowshil 153. Creak 149. Cromer 152. Crostwick 153. Crowner's Office not before the Conquest 27. D Dane-blood 149. Dane-law 45. Danes not capable of devising lands by will 22 David I. King of Scotland and Earl of Huntingdon 11 131. Dean his Office and Functions 50. The priviledges of a Bishop's Dean ibid. Deerham West 140. Defensor Plebis 129. Degradatio Militis 185. Deira a Province 13. Demains or Demesne what 12. Ancient Demesnes had not any lands by Knight-service 44 57. D'Evreux Robert Earl of Essex Viscount Bourchier c. 171. Sent into Spain with an army ibid. Storm'd Cadiz ibid. Created Marshal of England ibid. Made Lord Deputy of Ireland ibid. When beheaded ibid. Dies juridici 72 73. Dies feriales 72. Dies pacis Ecclesiae ibid. 79. 82. Dies pacis Regis ibib 82. Dies novem Lectionum 91. Dies feriati repentini 93. Dower why judg'd to belong to the Ecclesiastical Court 132. Downham 140. Druides who 74. The sole Judges of controversies among the old Britains 74. Suppos'd to have us'd the Greek tongue 103 Had no knowledge of the Latin ibid. Dudley John Duke of Northumberland and Earl Marshal of England 170. E Eadmere a Monk of Canterbury made Arch-bishop of St. Andrews in Scotland 119. King Eadwigus's Charter of Thane-lands granted to Aelswine 19. Earl Marshals of England 169 170 171. Earl of a County see Alderman Earldoms not hereditary in ancient times 13. Earldoms in France ibid. 14. Earls among the Saxons 13 14. Earl no title of dignity anciently 13. Their Office depended on the King's pleasure ibid. An Earls Heriot 31. Easter-Term how limited anciently 83. Easter-week when exempted from Law business 76. Ebsam in
Decreto suo Furnonens Synod Can. 8. Cabilonens Can. 9. Cent. 9. Col. 302. l. 30. 1 〈…〉 Clericâ—râ—m 〈…〉 1 To Ride Shoot and Hunt be the three Martial Qualities whereby the Rutil in the ninth Book of Vâ—gâ—â— proveth his Countrey-men to be good Souldiers Vâ—naâ—â— invigilant puâ—ri sylvâ—sque â—atigant Flectere ludâ—s eqâ—â—s spicula vendere cernâ—â— 1 Vid. Malm. p. 214. l. 93. Balaeus Cent. 1. ca. 74. in Append. citat Magdeburgg Cent. 7. ca. 7. col 204. 2 Posâ—unt tamen Clerici arma portare â—x causa justa utputa si transeat per loca periculosa ad terrorem latronum licet non debent percâ—tere Pupil Oc. par 7. ca. 10. I. ubi Libri citantur alii 3 V. Malm. de Gest Pontif. l. 1. pa. 204. l. 50. 4 Chron. pa. 44. col a. 17. June 1633. 2 Kings 15. 1. 3 Cod. de Testam 1. 30. 4 L. Angl. tit 13. de potestate testandi p. 485. 2 Sam. 17. 23. 1 Cust refâ—rm dâ— Norman Art 414. 2 Art 420. 3 Art 418. * Art 415. 4 Gloss ad Art 412. 5 Engolism in vita Carol. p. 31. 6 Testam Alfredi in Angl. Norm p. 22. 7 Testam praedict 8 Lib. Rams §. 130. 9 Lamb. Itin. Cantiae p. 492. 10 Instit de test ord §. sed ut 11 Ibid. §. sed cum 12 Ibid. §. Testes autem 13 Constit Novell lib. ix tit 4. 14 Formul lib. 11. cap. 17. 15 ff de Tab. exhib L. Si quis 1 Paul Sent. lib. iv tit 6. Bign p. 566. 2 Gloss Cod. de Testam L. 18. 3 Lib. 11. cap. 37. 38. 4 ff fo 168. Cod. Instit de Testam lib. 23. f. 554. 5 Cod. Theod. lib. 8. 6 Cap. VIII 7 Cod. de testam Lib. 23 fol. 354. 8 Clericis ut D. L. 5. de Episcopi Cleri repetita 1 Wiâ—â—goth 〈◊〉 11. 〈◊〉 v. â— 12. 2 Wisâ—goâ—h 〈◊〉 11. 〈◊〉 v. L. 13. 3 la Coust refâ—r Art 412. 4 Verb. Notaire oâ— Tabâ—llâ—â—n 5 〈◊〉 â—irâ—r Itiâ— Canâ— p â—96 6 Ibid. p. 492. 7 LL. Alur c. 37. 8 Cod. de testam 〈…〉 352. 9 〈…〉 Aluâ— â— â—7 1 Edg. LL. Secul 2 Canut LL. Secul cap. 17. MS. 3 Longob lib. 11. tit 53. Capitular lib. IV. tit 71. 4 Inter privil Eccl. Lincoln indulta à Ric. II. per inspex confirm anno ejus 2do Ch. 2. m. 2. n. 4. 5 Lib. VII cap. 5. 6 Reg. Maj. lib. 1. cap. 2. §. 1. 1 Lib. VII â—ap 7. Magâ— Cart. Hen I. â—ap 9. Icenorum nomina Icenorum derivatio 1 Pag. 554. a. 754. b. I se fluvius unde dictus Iceniae termini 1 Bal. 261. 2 Walsing Ypod. in An. 1215. p. 462. De Caelâ— Solo. Marslandia 1 Plin. l. 11. cap. 97. Wâ—lâ—â—kâ— Wâ—ltâ—nâ— Wâ—lpole 2 M. Paâ—is in anno 1170 Tâ—â—â—ington S Maâ—ies Tylney Tylney-Smeeth Wigenhall Wisebeach 1 Sect. 124. 2 Sect. 174. Beaupreovum Tydd Isis 〈◊〉 2 Sect. 174. Clacklose Cent. 3 Met. l. 5. 〈…〉 1 〈…〉 â—15 〈…〉 〈…〉 2 Chron. Lindenbrog de Râ—gib Da◠〈…〉 3 Waâ—â—us iâ— Woney perg 〈…〉 〈…〉 Bicham-ditch Newmarket-ditch Swafham Castle-Acre West-acre Nar. Narford 1 Gunther l. 4. p. 337. 〈…〉 〈…〉 Shâ—â—ldham Wormgey 〈◊〉 Len Quaere de hoc Spelmanni nota 1 Rex Johannes filtus Henrici II. ut Achilles à Martiale Aeacides dicitur quia ab Aeâ—â—o oriundus Matt. lib. â— Epigr. 4. 〈…〉 〈◊〉 Congham 1 Vid. Eadmer l. 3. Malmesb. Lib. 1. de Gest Pontif. Rougham Babbingley Flitcham 〈…〉 1 Will. Conq. non â—mres sâ—d pleresque Anglos eâ—haeredaâ—it Lib. Rams Sect. 155. Nota Spelmanni Sedgeford 1 Stow p. 76. 2 Vide Veget. l. 3. c. 3. Stewec f. 259. 1 Oâ—id Veâ—illaâ— Comita cap. 27. Burnham 1 It. Cam. l. 1. cap. 12. 2 Pag. 133. Creake Holkham Ebulum The Meales Miles seu Mules Walsingham 〈…〉 〈…〉 〈…〉 Wissingset Milâ—hâ—m Elmham Gressenhall 1 Walsing Ypod. p. 566. Melton Heydon Sall. Repham Blickling Wichingham 2 Mat. Par. An. 1248. Baningham Baningham Baconsthorp Gresham â—â—lbirg Cromer Gimmingham Bronholm 1 Mat. Par. An. 1223. in Henr III. p. 307. 1 Fol. 17. Col. c. Paston Waxham Cowshil Frekenham Crostwick Sprowston Randworth Ludham S. Benneâ— 2 Lib. Eliens pag. 4. Acle Flegg 1 499. 〈◊〉 Stow p. 158. 〈…〉 〈…〉 Haileston Shelton Tasburg 〈…〉 〈…〉 Cossey Bouthorpe Intwood Kettringham Windham Hengham Kymbâ—â—ly Aâ—â—ilburgh 〈…〉 Buâ—kâ—nham Keninghal 〈◊〉 Lopham 〈…〉 Thetford Breclys Ellingham Woodrising Carbrook Watton Merton Northwold Methwold Hockwold Felâ—well 1 Hunt 351. l. 5â— 2 l. 6. â— 4. Henr. I Steph Henr. II. 1 Quaere Nam 〈◊〉 in Comitibus Penbrochiae ait de Richardo praedicto Hujus 〈…〉 Isabella 〈◊〉 dictum 〈◊〉 â—â— quod ejus majores fuissent hereditaris Marescalli Palatii 〈◊〉 maritum codem Comitata Palatin◠〈…〉 Quasi Majores istius Willielimi non Isabellae axoris suae fuissent 〈◊〉 Nota Spelmanni 4 Henr. III â—â— Hen. III. â—â— Henr. III. â—â— Henr. III. â— Hâ—nr III â—â— Hâ—nr III 53. vel 54. Henr. III. 1. Edw. I. 1. Edw. II. 1. Edw. II. 9. Edw. II. 〈…〉 III. 〈…〉 III. 〈…〉 III. 〈…〉 III 〈…〉 III 〈…〉 III 〈…〉 II â— Ric. II. 3. Ric. II â— Ric. II. 9. Ric. II * Sed in libro Feodario sacto 20. Ed. III. Tit. Hund. de Frebriggs sic legitur Prior de Massingham tenet mâ— Massingham 4 tam partâ—m feodi Militis de Comitâ— Marescallo p. 26. Spelman 21. Ric II. 22. Ric. II. 1. Henr. IV. 1. Henr. IV. 6. Henr. IV. 1. Henr. V. 11. Henr. VI. 1. Edw. IV. 1. Rich. III. 〈◊〉 Henâ— VII 〈◊〉 â—I Maria. * Anglorum Proto-Comes 1 Thegan in Viâ—â— Lâ—â— 2 Malmesb de Reg. l. 2 3 Jo Moyn Hist Norm lib. 1. 1 Flodoard Remens Hist lib. 4. ca. 20. 2 De Germ. Mor. 1 〈◊〉 2. â—a 29. Nota 〈…〉 Asceurus Primus â—iliu◠〈◊〉 Secundus filius Asceuri ejuâ—â—â—itus Tertius filius praedicti Asceuri Primus maâ—â—tus Etheldredae 〈◊〉 â—â—itus 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 Prima filia Galfredi Etheldredae ejus exitus 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 Quartus filius Petri Ceciliae Quintus filius Petri Ceciliae Filia Petri Ceciliae Bastardi praedicti Petri. Prima filia Andreae secundi Filius Andreae secundi Secunda filia Andreae secundi Tertia filia Andreae secundi Bastardus Andrea◠〈◊〉 * Haec manu nupera inserta sum * Abhinc manu recentiore continuatur Codeâ— MS. * It wants the beginning 1 Kings ch 10. ver 21. 2 Chron. ch 24. Chron. fol. 126. 22â— 620. Chron. fol. 292. b. 50. Canterbury Rochester Carlile Rochester Winchester York Norwich Norwich Durham Lichfeild Worcester Landaff Bath and Wells Exeter Sarum St. Davids Hereford London Ely Bangor Lincoln Chichester S Asaph Isle of Man