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king_n	writer_n	year_n	youth_n	45	3	7.9339	4	false

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

of the Borough of Lewes in Sussex the King had two shares and the Earl the third And Oxford paid for Toll and Gable and other customary Duties Twenty Pound a year to the King besides Six Quarts of Honey and to Earl Algar Ten Pound To conclude it appears also that these Norman Earls or Counts had some power of making Laws to the people of their Counties For instance the Monk of Malmesbury tells us that the Laws of William Fitz-Osborn Earl of Hereford remained still in force in the said County that no Souldier for whatsoever offence should pay above Seven Shillings The Writings and Patents of the men of Cornwall concerning their Stannaries or Tinn-Mines do prove as much nor need I tell the story how Godiva Lady to the Earl Leofrick rid on Horse-back through the Streets of Coventry with her hair disshevelled all hanging about her at full length that by this means she might discharge them of those Taxes and Payments which the Earl had imposed upon them Out of the Countreys wherein all Estates were subject to Military Service the Barons had their Territories as we call them Mannors and in them their Courts to call their Tenants together at the end of every three Weeks and to hear and determine their Causes A Civilian one Vdalricus Zazius would have the original of these Courts among other Nations to have come by way of imitation from Romulus his making of Lords or Patrons and their Clanns or Tenants The use of them at this day is common and ordinarily known But to shew how it was of old we will borrow out of Hoveden this spark of light John Marshall complained to Henry the Second that whereas he had claimed or challenged in the Arch-Bishops Court a piece of Land to be held from him by right of inheritance and had a long time pleaded upon it he could obtain no Justice in the case and that he had by Oath falsified the Arch-Bishops Court that is proved it to be false by Oath according to the custom of the Realm to whom the Arch-Bishop made answer There has been no Justice wanting to John in my Court but he I know not by whose advice or whether of his own head brought in my Court a certain Toper and swore upon it that he went away from my Court for default of Justice and it seemed to the Justices of my Court that he did me the injury by withdrawing in that manner from my Court seeing it is ordained in your Realm that he who would falsifie anothers Court must swear upon the holy Gospels The King not regarding these words swore that he would have Justice and Judgement of him and the Barons of the Kings Court did judge him to be in the Kings Mercy and moreover they fined him Five Hundred Pound As to doing Justice in all other Cases and managing of Publick Affairs the Normans had almost the same Names and Titles of Officers and Offices as the Saxons had FINIS A Brief CHRONOLOGY TO Attend and Assist THE HISTORY In the Year of the WORLD   1910. Samothes if there ever were such a man bears rule 2805. Brutus makes a descent that is lands with his Trojans in Cornwall or Devonshire 3516. Dunvallo Molmutius swayes the Scepter 3627. Martia Dowager of King Quintilen is Queen Regent during the Minority of her Son Sisillius the First 3942. Caius Julius Caesar arrives at Deal on the Sea-Coast of Kent and Territa quaesitis ostendit terga Britannis that is Having inquiry made After the Britans bold He turn'd his back 't is said His courage would not hold and was the first that discover'd Britanny to the Romans In the Year of CHRIST   44. Claudius Caesar Emperour sends over Aulus Plautius with an Army as his Lieutenant General and by degrees reduceth the Countrey into the form of a Roman Province 52. A Colony of Veterans or old Roman Souldiers is sent down to Maldon in Essex 86. Britanny is subdued or brought under the yoke by the Conduct of Junius Agricola in the time of Domitian the Emperour 183. Lucius or King Lucy was the first Christian King Forasmuch as he was of the same standing with Pope Eleutherius and the Emperour Commodus Whence it appears that Beda makes others mistake and is himself mistaken in his wrong account of time in this affair 428. The Saxons Angles Jutes Danes Frisons or Friselanders arrive here from Germany Taurus and Felix then Consuls in the one and twentieth year of Theodosius the younger The common or ordinary account of Writers sets it down the four hundred forty ninth year but that great man both for Authority and Judgement William Camden Clarenceaux King at Arms hath upon the credit of ancient Records closed this Epoch or Date of time within that term of years which I have set in the Margin 561. King Ethelbert the First King of the English Saxons who profest Christianity 800. King Egbert 872. King Alured or Alfred 959. King Edgar 1017. Canute or King Knute the Dane 1036. Harold eldest Son to King Knute called for his swiftness Harefoot 1042. Edward the Confessor after whom Harold Son to Godwin Earl of Kent usurp't the Throne where he continued only nine Months 1066. William Duke of Normandy after a Battel fought upon the Plain near Hastings got the Dominion or Soveraignty of the British Island 1088. William Rufus second Son of the Conquerour 1100. Henry the First younger Brothor to Rufus 1135. King Stephen Count of Blois in France Nephew to Henry by his Sister Adela 1153. Henry the Second Grand-child to Henry the First by his Daughter Mawd the Empress and Jeoffrey Count of Anger 's in France FINIS BRIEF NOTES UPON Some of the more Difficult Passages IN THE TITLE-PAGE COmmon and Statute Law So I render Jus Prophanum as Prophane is opposed to Sacred and Ecclesiastical as himself explains the term in his Preface out of Festus Otherwise it might have been render'd Civil Law as relating to Civil affairs and the Government of State not medling with the Canons and Rules of the Church but that the Civil Law with us is taken generally in another sense for the Imperial Law which however practised in several other Nations hath little to do in England unless in some particular cases Of English Britanny that is that part of Britain which was inhabited by the Angles in Latin called Anglo-Britannia by us strictly England as for distinction the other part of the Island Wales whither the Welsh the true and ancient Britans were driven by the Saxons is called Cambro-Britannia that is Welsh Britanny and Scotland possest by the Scots is in like manner called Scoto-Britannia that is Scotch-Britanny which now together with England since the Union of the two Kingdoms goes under the name of Great Britain In the Author's PREFACE The Guardian of my Threshold So 〈◊〉 among the Romans was the God of the Threshold qui limentis i. e. liminibus pr●est but it may be taken

breeding of their Children the Marrying of their Wives the Governing of their Families burning Women that killed their Husbands and burning some Servants with the dead Master for company Together with some Remarks of their publick Government p. 16 CHAP. XII Women admitted to publick debates A large commendation of the Sex together with a vindication of their fitness to govern against the Salick Law made out by several examples of most Nations p. 18 CHAP. XIII Their putting themselves under protection by going into great mens service Their Coins of money and their weighing of it Some sorts of flesh not lawful to be eaten by them p. 21 CHAP. XIV Community of Wives among the Britans used formerly by other Nations also Chalcondylas his mistake from our Civil Custom of Saluting A rebuke of the foolish humour of Jealousie p. 22 CHAP. XV. An account of the British State under the Romans Claudius wins a Battel and returns to Rome in Triumph and leaves A. Plautius to order affairs A Colony is sent to Maldon in Essex and to several other places The nature of these Colonies out of Lipsius Julius Agricola's Government here in Vespasian's time p. 24 CHAP. XVI In Commodus his time King Lucy embraces the Christian Religion and desires Eleutherius then Pope to send him the Roman Laws In stead of Heathen Priests he makes three Arch-Bishops and twenty eight Bishops He endows the Churches and makes them Sanctuaries The manner of Government in Constantine's time where ends the Roman account p. 27 CHAP. XVII The Saxons are sent for in by Vortigern against the Scots and Picts who usurping the Government set up the Heptarchy The Angles Jutes Frisons all called Saxons An account of them and their Laws taken out of Adam of Bremen p. 29 CHAP. XVIII The Saxons division of their people into four ranks No person to marry out of his own rank What proportion to be observed in Marriages according to Policy Like to like the old Rule Now Matrimony is made a matter of money p. 30 CHAP. XIX The Saxons way of judging the Event of War with an Enemy Their manner of approving a proposal in Council by clattering their Arms. The Original of Hundred-Courts Their dubbing their Youth into Men. The priviledge of young Lads Nobly born The Morganheb or Wedding-dowry p. 32 CHAP. XX. Their severe punishments of Adultery by maiming some parts of the body The reason of it given by Bracton The like practised by Danes and Normans p. 33 CHAP. XXI The manner of Inheriting among them Of deadly Feuds Of Wergild or Head-money for Murder The Nature of Country-Tenures and Knights Fees p. 36 CHAP. XXII Since the return of Christianity into the Island King Ethelbert's Law against Sacriledge Thieves formerly amerced in Cattel A blot upon Theodred the Good Bishop of London for hanging Thieves The Country called Engelond by Order of King Egbert and why so called The Laws of King Ina Alfred Ethelred c. are still to be met with in Saxon. Those of Edward the Confessor and King Knute the Dane were put forth by Mr. Lambard in his Archaeonomia p. 37 CHAP. XXIII King Alfred divides England into Counties or Shires and into Hundreds and Tythings The Original of Decenna or Court-leet Friburg and Mainpast Forms of Law how People were to answer for those whom they had in Borgh or Mainpast p. 39 CHAP. XXIV King Alfred first appointed Sheriffs By Duns Scotus his advice he gave Order for the breeding up of Youth in Learning By the way what a Hide of Land is King Edgar's Law for Drinking Prelates investiture by the Kings Ring and Staff King Knute's Law against any English-man that should kill a Dane Hence Englescyre The manner of Subscribing and Sealing till Edward the Confessor's time King Harold's Law that no Welch-man should come on this side Offa's Dike with a weapon p. 41 CHAP. VXX The Royal Consorts great Priviledge of Granting Felons Estates forfeited to the King Estates granted by the King with three Exceptions of Expedition Bridge and Castle The Ceremony of the Kings presenting a Turf at the Altar of that Church to which he gave Land Such a Grant of King Ethelbald comprized in old Verse p. 43 THE CONTETNS BOOK II. CHAP. I. WIlliam the Conquerour's Title He bestows Lands upon his followers and brings Bishops and Abbots under Military service An account of the old English Laws called Merchenlage Dan●lage and Westsaxen-lage He is prevailed upon by the Barons to govern according to King Edward's Laws and at S. Albans takes his Oath so to do Yet some new Laws were added to those old ones p. 47 CHAP. II. The whole Country inrolled in Dooms-day Book Why that Book so called Robert of Glocester's Verses to prove it The Original of Charters and Seals from the Normans practised of old among the French Who among the Romans had the priviledge of using Rings to seal with and who not p. 51 CHAP. III. Other wayes of granting and conveying Estates by a Sword c. particularly by a Horn. Godwin's trick to get Boseham of the Arch-Bishop of Canterbury Pleadings in French The French Language and Hand when came in fashion Coverse● Laws against taking of Deer against Murder against Rape p. 54 CHAP. IV. Sheriffs and Juries were before this time The four Terms Judges to act without appeal Justices of Peace The Kings payments made at first in Provisions Afterwards changed into Mony which the Sheriff of each County was to pay in to the Exchequer The Constable of Dover and Warder of the Cinque Ports why made A disorder in Church-affairs Reformed p. 56 CHAP. V. William Rufus succeeds Annats now paid to the King Why claimed by the Pope No one to go out of the Land without leave Hunting of Deer made Felony p. 59 CHAP. VI. Henry the First why called Beauclerk His Letters of Repeal An Order for the Relief of Lands What a Hereot was Of the Marriage of the Kings Homagers Daughter c. Of an Orphans Marriage Of the Widows Dowry Of other Homagers the like Coynage-money remitted Of the disposal of Estates The Goods of those that dye Intestate now and long since in the Churches Jurisdiction as also the business of Wills Of Forfeitures Of Misdemeanors Of Forests Of the Fee de Hauberk King Edward's Law restored p. 60 CHAP. VII His order for the restraint of his Courtiers What the punishment of Theft Coyners to lose their Hands and Privy members Guelding a kind of death What Half-pence and Farthings to pass The right measure of the Eln. The Kings price set for provisions p. 63 CHAP. VIII The Regality claim'd by the Pope but within a while resumed by the King The Coverfe● dispensed with A Subsidy for marrying the Kings daughter The Courtesie of England Concerning Shipwrack A Tax levied to raise and carry on a War p. 65 CHAP. IX In King Stephen's Reign all was to pieces Abundance of Castles built Of the priviledge of Coining Appeals to the Court of Rome now set

arose a difference concerning the Roads or High-wayes they being not distinguished by certain Limits and Bounds King Belin Son of the foresaid Molmutius to remove all doubt caused to be made throughout the Island four Royal High-wayes to which that priviledge might belong to wit the Fosse or Dike Watlingstrete Ermingstrete and Ikeniltstrete But our Learned Countrey-man and the great Light of Britan William Camden Clarenceaux King at Arms is of opinion these Cause-wayes were cast up by the Romans a thing that Tacitus B●de and others do more than intimate Moreover so sayes Jeoffry he ordained those Laws which were called Molmutius his Laws which to this very time are so famed amongst the English Forasmuch as amongst other things which a long time after Gildas set down in writing he ordained that the Temples of the Gods and that Cities should have that respect and veneration that whatsoever runagate Servant or guilty person should fly to them for refuge he should have pardon in the presence of his enemy or prosecutor He ordained also That the Wayes or Roads which led to the aforesaid Temples and Cities as also the Ploughs of Husbandmen should be confirmed by the same Law Afterwards having reigned Forty years in peace he dyed and was buried in the City of London then called Troynovant near the Temple of Concord by which Temple there are not wanting those who understand that Illustrious Colledge on the Bank of Thames consecrated to the Study of our Common Law now called the Temple and which he himself had built for the confirmation of his Laws At this rate Jeoffry tells the story but behold also those things which Polydore Virgil hath gathered out of ancient Writers whereof he wanted no store He first used a Golden Crown appointed Weights and Measures for selling and buying of things punisht Thieves and all mischievous sorts of men with the greatest severity made a great many High-wayes and gave order how broad they should be and ordained by Law that the right of those Wayes belonged only to the Prince and set dreadful Penalties upon their heads who should violate that right alike as upon theirs who should commit any misdemeanour in those wayes Moreover that the Land might not lye barren nor the people be frequently oppressed or lessened through Dearth or want of Corn if Cattle alone should possess the Fields which ought to be tilled by men he appointed how many Ploughs every County should have and set a penalty upon them by whose means that number should he diminished And he made a Law That Labouring Beasts which attended the Plough should not be distrained by Officers nor assigned over to Creditors for money that was owing if the Debtor had any other Goods left Thus much Polydore CHAP. V. A brief Account of Q. Regent Martia and of Merchenlage whether so called from her or from the Mercians Annius again censured for a Forger and his Berosus for a Fabulous Writer THe Female Government of Martia Widow to King Quintiline who had undertaken the Tuition of Sisillius Son to them both he being not as yet fit for the Government by reason of his Nonage found out a Law which the Britons called the Martian Law This also among the rest I tell you but what Jeoffry of Monmouth tells me King Alfred translated which in the Saxon Tongue he called Merchenlage Whereas nevertheless in that most elaborate Work of Camden wherein he gives account of our Countrey Merchenlage is more appositely and fitly derived from the Mercians and they so called from the Saxon word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a Limit Bound or Border These are the Stories which Writers have delivered to us concerning those times which were more ancient than the History of the Romans but such as are of suspected of doubtful that I may not say of no credit at all Among the more Learned there is hardly any Critick who does not set down Annius in the list of Forgers And should one go to draw up the account of Times and to observe that difference which is so apparent in that Berosus of Viterbium from Sacred Scriptures and the Monuments of the Hebrews one would perhaps think that he were no more to be believed than another of the same name who from a perpendicular position of the wandring Stars to the Center of the World in the Sign of Cancer adventured to foretel that all things should be burnt and from a like Congress of them in Capricorn to say there would be an universal Deluge The story is in Seneca CHAP. VI. The story of Brutus canvast and taken to be a Poetick Fiction of the Bards Jeoffry of Monmouth's credit called in question Antiquaries at a loss in their judgements of these frivolous stories SOme have in like manner made enquiry concerning our British History and stumbled at it From hence we had Brutus Dunvallo and Queen Martia There are some both very Learned and very Judicious persons who suspect that that story is patched up out of Bards Songs and Poetick Fictions taken upon trust like Talmudical Traditions on purpose to raise the British name out of the Trojan ashes For though Antiquity as one has it is credited for a great witness yet however 't is a wonder that this Brutus who is reported to have killed his Father with an Arrow unluckily aimed and to have been fatal to his Mother at her very delivery of him for which reason Richard Vitus now after so many Ages makes his true name to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Mortal should be mentioned by none of the Romans a wonder I say that the Latin Writers should not be acquainted with the name of a Latin Prince who gave both Name and Government to Britany Did Euemerus Messenius alone ever since the World began fail to the Panchoans and the Triphyllians Indeed it is an ordinary thing for Poets to ingraft those whom they celebrate in their Poems into Noble Stocks and Illustrious Families and by the assistance of their Muses heightning every thing above the truth to feign and devise a great many stories And what else were the Bards as Athenaeus tells us out of Possidonius but Poets reciting mens praises in song How many things are there in that Fabulous Age which in Joseph Scaliger's account would more aptly be called the Heroick Age of the World I mean down from that much talked of Deluge of Pyrrha to the beginning of Iphitus his Olympiads how many idle stories are there mixt with true ones and afterwards drest up and brought upon the stage Very many Nations sayes Trithemius as well in Europe as in Asia pretend they took their original from the Trojans to whom I have thought good to lend so much faith as they shall be able to perswade me of truth by sufficient testimony They are frivolous things which they bring concerning their own Nobility and Antiquity having a mind as it were openly to boast as if there had

should incur the Kings fine Here we have the Original of Decenna or a Court-leet of Friburg and perhaps of Mainpast Which things though grown out of use in the present Age yet are very often mentioned not only in the Confessors Laws but also in Bracton and in other Records of our Law What Decenna was the word it self does almost shew And Ingulph makes out that is a Dousin or Courtleet Friburg or Borgh signifies a Surety for Fri is all one as free He who passes his word for anothers good behaviour or good abearing and is become his security is said to have such a one in his Borgh Being ingaged upon this account to the Government to answer for him if he misbehave himself And hence it is that our people in the Country call those that live near them or as I may say at the next door Neighbours When yet those that would find out the reason why the people of Liege in the Low Countries are called Eburones do understand that Burgh which is the same as Borgh to stand for a Neighbour and this is plainly affirmed by Pontus Heuterus in other Originations of the like kind Manupastus is the same thing as a Family As if one would say fed by hand Just in the like sence Julius Pollux in Greek terms a Master of a Family Trophimos that is the feeder of it That the Rights of Friburg and Manupast were in use with the English some five or six Generations ago is manifest Curio a Priest is fined by Edward the third because there had been one of his Family a Murderer And the ancient Sheets concerning the Progress or Survey of Kent under Edward the second do give some light this way Ralph a Milner of Sandon and Roger a Boy of the said Ralph in Borgh of Twicham Critick whoever you are I would not have you to laugh at this home spun Dialect came by night to the Mill of Harghes and then and there murdered William the Milner and carried away his Goods and Chattels and presently fled It is not known whither they are gone and the Jury mistrusts them the said Ralph and Roger concerning the death of the aforesaid William therefore let them be driven out and out-lawed They had no Chattels but the aforesaid Ralph was in Borgh of Simon Godwin of Tw●cham who at present has him not and therefore lies at mercy And Roger was not in Borgh but was of the Mainpast of Robert Arch-Bishop of Canterbury deceased there being no Engleshire presented the Verdit is the murder upon the Hundred The first discoverer of it and three Neighbours are since dead and Thomas Broks one of the Neighbours comes and is not mistrusted and the Villages of Wimesbugewelle and Egestoun did not come fully to the Coroners Inquest and are therefore at mercy And about the same time Solomon Ro● of Ickham came to the House of Alice the Daughter of Dennis W●●nes and beat her and struck her upon the Belly with a staff so that she dyed presently And the foresaid Solomon presently fled and the Jury mistrust him concerning the death aforesaid therefore let him be driven out and be outlawed He had no Chattels nor was he in Borgh because a Vagrant The Verdit the murder lies upon the Hundred c. And according to this form more such Instances But let it suffice to have hinted at these things adding out of Henry Bracton If out of Frank-pledge an Offender be received in any Village the Village shall be at mercy unless he that fled be such an one that he ought not to be in Leet and Frank-pledge as Nobles Knights and their Parents their eldest Sons it is in the yearly Records of Law in Edward the first 's time and we may take in Daughters too a Clergy-man a Freeman I fear this word has crept in and the like according to the custom of the Country and in which case he of whose Family and Mainpast they were shall be bound in some parts and shall answer for them unless the custom of the Country be otherways that he ought not to answer for his Mainpast as it is in the County of Hertford where a man does not answer for his Mainpast for any offence unless he return after Felony or he receive him after the offence committed as in the Circuit of M. de Pateshull in the County of Hertford in such a year of King Henry the fifth In sooth these usages do partly remain in our Tythings and Hundreds not at all hitherto repealed or worn out of fashion CHAP. XXIV King Alfred first appointed Sheriffs By Duns Scotus his advice he gave Order for the breeding up of Youth in Learning By the way what a Hide of Land is King Edgar's Law for Drinking Prelates investiture by the Kings Ring and Staff King Knute's Law against any English-man that should kill a Dane Hence Englescyre The manner of Subscribing and Sealing till Edward the Confessor's time King Harald's Law that no Welch-man should come on this side Offa's Dike with a weapon 36. THe Governors of Provinces who before were styled Deputy-Lieutenants we return to Ingulph and King Alfred He divided into two Offices that is into Judges whom we now call Justices and into Sheriffs who do still retain the same name Away then with Polydore Virgil who fetches the first Sheriffs from the Norman Conqueror 37. John Scot Erigena advised the King that he would have his Subjects instructed in good Letters and that to that end he would by his Edict take care of that which might be for the benefit of Learning Whereupon he gave strict order to all Freemen of the whole Kingdom who did at least possess two Hides of Land that they should hold and keep their Children till the time of fifteen years of their Age to learning and should in the mean time diligently instruct them to know God A Hide of Land that I may note it once for all and a Plough Land that is as much Land as can be well turned up and tilled with one Plough every year are read as synonymous terms of the same sence in Huntingdon Matthew Paris Thomas Walsingham and expresly in a very old Charter of Dunstan Although some take a Hide for an hundred Acres and others otherwise do thou if thou hadst rather so do fansie it to be as much ground as one can compass about with a Bull-hide cut into Thongs as Queen Dido did at Carthage There are some who are not unwilling to have it so understood 38. King Edgar like a King of good Fellows or Master of Revels made a Law for Drinking He gave order that studs or knobs of Silver or Gold so Malmsbury tells us should be fastned to the sides of their Cups or drinking Vessels that when every one knew his mark or boundary he should out of modesty not either himself covet or force another to desire more than his stint This is the only Law

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