called a Parlement at Winchester by Advice whereof the Liberties of the City of London were seised for their Rebellion and the greatest Offenders committed to Prison to be punished at the Kings Pleasure This Parlement also [4] Append. n. 223. The Parlement gave the King the Rebels Lands gave the King all the Rebels Lands and he appointed two Commissioners in each County who with the Sheriff were to Extend them and return the Extent with the names of the Lands and the names of those whose Lands they were to him at Westminster by the Feast of St. Edward that is the 13th of October and they were to appoint two Collectors in every Hundred to Collect Michaelmass Rent and to deliver them a Note what it was This Commission bears Date at Winchester the 21st of September Paris says The King grants them to his faithful Subjects The King on the Feast of St. Edward Disinherited all that stood with Montfort and gave their Lands to those that had faithfully served him according to their Merits f. 999. lin 7. On the sixth of October the King [5] Append. n. 224. His Writ to the Guardians of the City of London wrote to his four Guardians of his City of London Humfry de Bohun Earl of Hereford John de Bailol Roger de Leyburn and Robert Walerand That whereas the Mayor Citizens and whole Comunity of the City aforesaid had as well concerning their Lives and Limbs as their Lands Tenements Goods and other things whatsoever submitted themselves to the Kings pleasure Therefore they were to cause Proclamation to be made That his Peace should be firmly kept in the City and parts adjoyning to preserve it from being plundred On the same day the King [6] Append. N. 225. He makes Philip de Covel Sheriff of Middlesex directed his Writ to all such as had Business at the County Court for Middlesex that because he had not then appointed a Sheriff in that County he commanded them to submit to and obey Philip de Conel or Covel as his Sheriff who was to hold the Court for that day On the same [7] Pat. 49. H. 3. N. 21. He gave the Lands of two Citizens of London to his Son Edward day he declares he had given all the Lands and Goods of Thomas Diwelesdon and Michael Thâ—ny Citizens of London to his Son Edward On the 15th of October the King [8] Pat. 49. H 3. M. 4. He commits the Custody of London to Hugh Fâ—tz-Oto during pleasure committed the Custody of the City and Tower of London to Hugh Fitz Oto during pleasure answering the profits of them at the Exchequer and Roger Leyburn was commanded to deliver them and the Citizens and Community of London were commanded to be answerable and submit to him in all things appertaining to his Guardianship This year died Pope Vrban the 4th to whom succeeded [9] Mat. Westm f. 396. N. 50. Pope Vrban the 4th dies and Clement the 4th Succeeds Clement the 4th before his Consecration he was Guido Bishop of la Sabina a Cardinal and Legat sent for England but the [1] Ibid. f. 397. lin 6. Ottobâ—n sent a Legat into England Barons and Bishops would not suffer him to Land there when he was come as far as Bologne in France and therefore he Excommunicated several of the Bishops He at the Request of King Henry sent Ottobon Deacon-Cardinal of St. Adrian Legat into England and Crowned [2] Paris f. 999. n. 50. A. D. 1266. 50 Hen. 3. Those that were forced to serve against the King had their Lands restored Charles Brother to the King of France King of Sicily at Rome Many persons pretended and pleaded for themselves That against their Wills they were forced into the Service of Simon Montfort The King directed his Writ to the [3] Claus 50 H. 3. M. 10. Dors Sheriffs of several Counties to make Inquisition whether it was so or not and if found to be so they had seisin of their Lands again so as they stood to Right in the Kings Court. Dated November 6. The men of the Cinque-Ports that were the Kings Enemies and had taken part with the Earl of Leycester committed Rapin and Piracy at Sea The King [4] Claus 50. H. 3. M. 9. Dors wrote to the Bayliffs and Good men of Yarmouth to set forth 20 Ships with 40 men in every Ship at least to be at Sandwich by the first of January to Chase and Fight with and take his Enemies Dated November 24. The City and Tower of London and County of Middlesex with all Appertinencies were [5] Pat. 50. H. 3. M. 41. n. 117. The King appoints two Keepers of London during pleasure committed to the Custody of John Walerand and John de la Lind during pleasure to answer the Profits arising from them at the Exchequer and Hugh Fitz Oto was commanded to deliver them Dated November 28. The King sent his [6] Claus 50. â— 3. M. 8. Dors He commands all his Military Tenants to attend him at Northampton Precepts to all the Sheriffs in England to make Proclamation in their respective Counties That all who held of him in Capite and ought him service should be at Northampton on the 27th of January to go against his Enemies in the Castle of Kenelworth and other Straglers that would renew the War if not prevented Dated December the 20th at Northampton The Abbot of Peterburgh [7] Ibidem made fine and compounded with the King for this Expedition only at Fourscore Marks The King at [8] Paris f. 1000. n. 20. Simon Montfort the younger submits to the Kings pleasure Christmas was at Northampton with his Queen The King of Almain and the Legat by the mediation of friends Simon Montfort the younger submitted himself to the Judgment of the Legat the King of Almain his Uncle and Philip Basset and left it to them to make what Terms for him they thought fit with the King saving to himself his Life and Limbs and excepting perpetual Imprisonment Simon was brought to the King and it was [9] Ibid. n. 30. Kenelworth Castle refuse to yield Determined he should deliver the Castle of Kenelworth to the King and depart the Kingdom and receive out of the Exchequer every year 500 Marks until there should be a Peace established But those within the Castle not liking these Conditions would neither yield it to the King nor Simon who was yet under a Guard and said they received not the Castle to defend from Simon but from the Countess his Mother and would surrender it to none but her and that in her presence The Citizens of London made [1] Pat. 50. H. 3. M. 35. Cedula The City of London Fined and pardoned and restored under Conditions Fine to the King for their Offences toward him his Queen Richard King of Almain his Brother and his Son Edward 2000 Marks for which he pardoned their Transgressions and Excesses omnes
not thought it a Burthen and at first these sort of Men were forced upon this kind of Privilege or Birth-right as appears in the Glossary to my Introduction c. f. 6â— 63 64. And further if these men had been so considerable then or there had been any numbers of such what need was there in these times to summon the Lords [5] See the Glossary to my Introduction f. 57. B. c. Reeve or Baily who was commonly no other than one of the best sort of his [6] See the Glossary here in the word Praepositus or Reeve Villans or Bondmen and four Men of every Town to make answer in Pleas of the Crown in Turns and in Pleas of the Forest with Arch-Bishops Bishops Earls Barons Knights Free-tenants that is Tenants in Military Service that were not Knights which had Lands and Tenements within the Bounds of the Forest in the County where they summoned I say if these had been Men of any note or there had been any number of them what need other Persons to have been summoned after all the Free-holders that had Lands in the Forest c. Thirdly In an [7] Coke â—â—stitut f. â—94 b. Attaint brought against a Petty Jury for a false Verdict in these times and the Fact proved and found They were to forfeit all their Goods and Chattels their Lands and Tenements were to be taken into the Kings Hands Their Houses were to be Demolished their Trees digged up by the Roots and their Meadows ploughed up Surely these were men of more considerable Estates that were presumed to have Meadows and Timber or Trees upon their Lands than the ordinary Free Socagers of those times or the Free-holders of ours that can Swear for a Friend that a Shed or a House with a Chimney worse than a Shed and a Rod or half an Acre of Hempland with one Pear-tree or Apple-tree upon it is worth forty Shillings a year Having considered the Quality of our Ancient Free-men and ordinary Free-holders I shall consider what Liberties were contended for in these times who contended for them and who were capable of them or could receive the Benefit of them And how or in what manner they were claimed I take it for granted that it will not be denyed that Magna Charta was the summ of the Liberties desired and how that was obteined I refer the Reader to the Reign of King John Kingâ— Edwards Law The Factious Bishops and Church-men and the Seditious and Dissolute Barons made a noise for King Edwards Laws But what they were it is now a hard matter to know Those put forth under his Name with Mr. Lambards Saxon Laws were none of his they are an incoherent Farce and mixture and a heap of non-sence put together by some unskilful Bishop Monk or Clerc many years after his Death to serve the Ends and Designs of the present Time In the 11th Law Tit. de Danegeldo there is the Story of Duke Roberts pawning of Normandy to his Brother Rufus toward the latter end of his Reign when he made his Voyage into the Holy Land In the 35th Law Tit. de Greve there seems to be a Reference to the Assise of Arms made in King [8] Hoved. f. 350. a. n. 30. Henry the Second's time in the whole Rude Mass the words Comites Barones Milites Servientes Serviâ—ium Villanus Catalla Manutenere and many other Norman words are to be found All these are pregnant Arguments they were framed after the Conquest And of this Opinion was Sir Henry Spelman [9] Glossar f. 68. Col. 1. In legibus Edwardi Confessoris Baro saepe occurit sed has ipsas nobis porrexit Normannus Quispiam nam pluribus aliis dictionibus scatent Normanicis In the Laws of Edward the Confessor the word Baro often occurs but these some Norman contrived for us for they abound with other Norman words There is another * Sir Ed. Coke says William the Conqueror composed the summ of these into a Magna Charta which was the Ground Work of all those that followed Preface to his 8. Report Copy of these Laws which Ingulph says he brought with him to his Monastery of Croyland The ordinary men received not much advantage by these unless to be severely punished for their Transgressions and bound to servitude was a Benefit What these Laws were and how adapted to the Liberty of the ordinary Free-men see my Answer to Argumentum Antinormanicum f. 253 254 255 256 257 258 259 260 261. The first direct demand of these Laws was when Henry the First made a wheadling [1] Mat. Paris f. 55. n. 20. Speech to the Clergy and Great Men to perswade them to consent to his usurpation upon his Brother Robert who then told him That if he would Confirm by his Charter the Laws and Liberties that flourished in the Kingdom in Holy King Edwards time they would consent he should be King To which he agreed And then says the 2 Monk he granted the Liberties under-written to be observed in the Kingdom for the Exaltation of Holy Church and the Peace of the People which Charter is to be found in the [3] N. 102 fol. 119. Appendix intire and it was perfectly a Relaxation of some severities which had been here introduced into the General Feudal Law of Europe and nothing else and none but a Tenant in Military Service his Widow or Children could take any advantage by it All the Witnesses to this Charter were Great Normans and I remit my Reader to the Translation and what I have said of it in the same [4] F. 265 266 267 268 269. Answer to Argumentum Antinormanicum This Charter Henry the Second confirmed in the first or second year of his Reign by a Charter of his [5] Append. n. 40. and fol. 40. which see own which being short I will here Translate and the rather because it shews us to what Persons he granted this Confirmation â— Henry by the Grace of God King of England c. to his Barons and Feudataries * See Angli Anglici in the Glossary to my Introduction c. And Feudarii and Fideles there French and * See Angli Anglici in the Glossary to my Introduction c. And Feudarii and Fideles there English Greeting Know ye that to the Honour of God and of Holy Church I have Granted and Restored and by this my present Charter have Confirmed to God and Holy Church and to all Earls and Barons and to all my [6] See there f. 66. lin 1. Vassals or [6] See there f. 66. lin 1. Tenants all those Customs that is Laws which my Grandfather Gave and Granted to them in like manner also those evil Customs or Laws which he Remitted and Abolished I do Remit and Grant they shall be Abolished for Me and my Heiâ—s wherefore I will and firmly Command that Holy Church and all Earls and Barons and all my Tenants may have and hold freely
Court and if neither then he himself would do it There needs no more Instances in a matter so apparent and that never was disputed or denied That for many Kings Reigns Trials for considerable Estates in Lands Debts * Bacon's use of the Law c. p. 37. under fourty Pounds value and almost all Controversies were had in the Court Baron Hundred or County Courts [7.] Old Natur. Brev. fol. 2. Glan l. 12. c 6. The Writ of Right was always brought first in the Lords Court of whom the Land held [8.] Ib cap. 7. Writ of Right first brought in the Lords Court c. and could not be taken from thence into the County unless it were proved that the Lord failed in doing right and without such proof if they were removed the Lord might resume them and pass Judgment in his Court where both the Demandant and Tenent agreed the Land in question to hold of the same Lord. [9.] Ib cap. 8. lib. 3. cap. 7. But if they claimed to hold of diverse Lords the Case was then judged in the Court of the chief Lord or the County Court in the presence of the Lords they claimed to hold of who were summoned to be present at the Trial. * Glan lib. 9. c. 8 9 10. The Lord of a Manner his Right and Power over his Tenents The Lord also of a Manner by his own Right without the King 's or his chief Justiciaries Precept had Power by the Judgment of his Court that is by the Presentment or Verdict of his Tenents or Suitors to distrain his Tenents by their Goods or Lands if need were for his reasonable Aids Reliefs Services and Customs * Ibidem But if the Lord were not powerful enough to do himself Right against his Tenent in his own Court then he had a Writ directed to the Sheriff to do him right in the County before whom if the Lord proved his Relief Services c. to be his right the Tenent was not only forced to pay them to his Lord but was also fined to the Sheriff more or less according to the Custom of the County And as before the Conquest Controversies between People of the same Jurisdiction how all matters between Persons under the same Jurisdiction were triable in the same as all Actions of Debt Trespass Detinue c. * Dugd. Orig. Jurid fol. 29 31 c. Spelm. Gloss verb. comit fol. 143. Bract. l. 3. c. 7. And where they were tried were determined in every Decury Tithing or Township between those of the same Tithing Decury or Township But if the Parties litigant were of divers Townships then the Controversie was determined in the Hundred if they were of divers Hundreds then in the Trihing Lath or County * Bracton l. 3. cap. 7. Controversies between men of different Jurisdictions when and where tried Suitors to the several Courts bound to appear under great Mulcts where the Sheriff was Justiciary And perhaps if they were of divers Counties then they had right done them in the King's Court. So it was for Persons within the Jurisdiction of the same Mannor Hundred or County but if they were under the Jurisdiction of several Lords Hundreds or Counties their Differences were determined by a Superior Court whether it were the Court of the chief Lord Sheriff or King And for the more certain doing of Justice and Right all the Suitors within the Jurisdiction of the several Courts especially those of the Hundred and County Court [7.] Spâ—lm Gloss 303. c. 1 Doomesd Tit. Cestreshire in Derby hund claus 3. H. 3. in dorso in 13. claus 9. H 3. m. 11. in doâ—so were bound to appear under Forfeitures (*) [7.] Doomes Tit. Cestreshire Derby Hund. The Punishment of such as went not to the Shire and hund Motes Such as went not to the Scire mote or County Court without reasonable excuse forfeited ten Shillings which was more than ten pound at this time Nor went to the Assembly of the Hundred when commanded lost five shillings great Mulcts and Penalties that there might be some present of the Neighbourhood or same Parish who did know the Land and things in question and who had been possessed of it and for what time And to this purpose in an Assize if [8.] Glanv l 2. cap. 1. Grand Custom c. 93. c. 113. none of the Jurors (x) Milites [8.] Spel. Gloss in verbo who though according to the notion of our times they were no Knights yet they were of the better sort of People in the Country and of the best Reputation such as held by Knights or Military-Service knew the Right it self or truth of the Matter and it were testified to the Court upon Oath recourse was then had to others until such were found who did know the truth but if some of them did know the truth and others not those that knew it not were set aside and others called into the Court until twelve at the least should be found to agree therein [9.] Ibidem Twelve at least ought to know the Thing in question Also if some of them did speak for one of the Litigants and some for the other there were more added to them until twelve at least did agree on one side and every of them was to swear being called thereto that they should not say falsly nor knowingly forbear to speak the truth [1.] Glanv l. 2. c. 17. and Grand Custom c. 113. By their own proper view and hearing And further that such as were sworn might have the better understanding of the matter it was required that by their own proper view or hearing they have had knowledge of the thing in question And by [2.] Cap. 12. Magna Charta it appears that the Assizes or Trials of (y) [9.] Nometh in Assize of Novel Disseisin Mort. de Ancester what Where one was lately disseized or dispossessed of his Lands or Tenements Rent Office c. Novel Disseisin and (z) [1.] Ib. in Assize de Mort. de Ancester Where Father Mother Brother Sister c. died seized or possessed of Lands Tenements c. and a Stranger according to the Law Phrase abateth that is entereth upon them before the Heir takes Possession Mort D'ancester were only to be taken in their (a) As in Normandy in their proper Balliages or Bayliwicks which were answerable to our Counties before the Bayliff who was Judge of the Assize there Grand Custom c. 93 98. proper Counties and by Justices sent by the King and the (b) This way of trying Titles by Juries or something very like it was used upon the making the general [2.] Selden in praef ad Eadmer fol. 15. Doomesd Tit. clamores in Sudtreding c Survey of England in the time of William the Conqueror and not only so but about that time viz. about the year 1077 or 1078. There seems to have been [3.] Ingulph
those Castles as were faithful or well affected and would keep their Oaths And then he firmly Commands That the English Church should be free That all men or Feudataries of the Kingdom or Secular Goverment should have and hold all the Liberties Laws and Customes conteined in the Charters Well and in Peace Freely and Quietly fully and wholly to them and their Heirs of him and his Heirs in all things and places for ever And he and the Barons Swore to the Observation of them of all these matters without fraud or Deceit and this Grant was Signed with his own hand in the Meadow between Stanes and Windsor on the same day the Great Charter and Charter of the Forest were Granted and Confirmed That is on the 15th of June in the 17th year of his Reign The five and twenty [9] Mat. Paris f. 262. n. 10. The names of the twenty five Barons Elected Barons were these The Earl of Clare the Earl of Albemarle the Earl of Glocester the Earl of Winchester the Earl of Hereford Earl Roger of Norfolk and Suffolk Earl Robert of Oxford the Earl Marshal the Younger or William Marshal the Younger Robert Fitz-Walter Senior Gilbert de Clare Eustachius de Vescy Hugo Bigod Willielmus de Munbray alias Mowbray the Mayor of London Gilbert de La-Val Robert de Ros the Constable of Chester Richard de Perci Iohn Fitz-Robert William Malet Geofrey de Say Roger de Munbray William de Huntingfield Richard de Munfichet William de Albeney [1] Ibid. They Swear to Compel the King to keep the Peace and agreement These five and Twenty Barons Swore by the Kings order Isti viginti quinque Barones Juraverunt Rege hoc Disponente That in every Instance they would obey their Orders and Directions and would Compel the King if perchance he should Repent him of these things On the 18th of June the [2] Append. n. 117. A. D. 1215. 17 Johan Regis same year the King by his Writ Dated at Runemed Directed to Stephan Harengod let him know That a firm Peace was there made between him and his Barons inter nos Barones nostros on Fryday next after the Feast of Holy Trinity so as he had received their Homages and therefore Commanded him to do no injury to his Barons or others by Reason of the Discord between them And further Commanded him that so much of the Fines and Penalties set by reason of that Discord which remained unpaid should not be Levid and if any thing had been taken after that Fryday it was to be restored He was also to release all Prisoners and Hostages taken and deteined by reason of the War On the 19th of the same Month [3] Append. n. 118. He gives notice to all Sherifs and other Officers of the Peace and Commands them to cause all within their Jurisdiction to Swear to be obedient to the 25 Barons He also Commanded 12 Knights to be chosen in every County to inquire of Evil Customs c. by his Writ dated at the same place he signifyed to all Sheriffs Foresters Wareners Keepers of Rivers and his other Bayliffs or Officers That there was a firm Peace made between him the Barons and Free-men of his Kingdom inter nos Barones liberos homines Regni nostri as appeared by his Charter which he Commanded publickly to be read in his Bayliwicks VVilling and streightly Charging the Sherif That he should cause all of his Bayliwic according to the form of the Charter to Swear to the five and twenty Barons or their Attorneys constituted by their Letters Patents at such Day and time as they should appoint and also VVilled and Commanded That Twelve Knights should be chosen in every County at the next County i. e. County Court which should be holden after the receit of these Letters To inquire of the Evil Customes or Practises of Sherifs and their Ministers of Forests and Foresters Warens and Wareners of Rivers or River-banks and their Keepers or Tribute gatherers towards the Repairs of Bridges and Banks and to extirpate them After this on the 27th of the same Moneth from Winchester he Directs his Writ particularly to the [4] Append. n. 119. Such as refused to Swear to obey the 25 Barons to be imprisoned and to have their Lands and Goods seized Sherif of Warwicshire and the 12 Knights there Elected to Inquire after and root out all Evil Customes and Practises of the Sherifs and their Officers of Forests and Foresters Warens and Wareners Rivers and their Keepers Commanding them That without delay they Seize the Lands Tenements and Chattels of all those in the County of Warwic which refused to Swear to the twenty five Barons or their Attorneys and to detein them until they did Swear And this was Established by the Arch-Bishop of Canturbury and Barons of this Kingdom And as he had been forced to these things so he for the performance of them was Compelled to Engage and put into their possession the [5] Append. n. 120. The King gives Caution for the observation of such tâ—ings as the 25 Barons exacted of him City and Tower of London and Covenant with Robert Fitz-Walter Marshal of the Army of God and of Holy Churâ—h in England Richard Earl of Clare Geofrey Earl of Essex and Glocester Roger Bigod Earl of Norfolke and Suffolke Saher Earl of Winâ—hester Robert Earl of Oxford H. Earl of Hereford and the Barons following William Marshal the younger Eustace de Vescy William de Mobray Iohn Fitz-Robert Roger de Mont-Begon William de Lanvalay and other Earls and Barons and Freemen of the whole Kingdom That they should hold the City of London of the Livery of the King until the 15th of August that year saving to him his Farms Rents and Clear Debts And that the Archbishop of Canturbury should hold the Tower in like Manner for the same Term Saving to the City 't is Liberties and Free Customs and saving to every one his right in the Guard of the Tower of London and so as the King should not put in Ammunition or New Forces into the City or Tower in the mean time And further that within the said Term Oaths should be made through all England to the 25 Barons or their Attorneys according to the Writs for Choosing Twelve Knights in every County to Destroy evil Customes c. And also that all things which the Earls Barons and other Free Men do require of the King which he says ought to be restored or which ought by the Judgment of the Twenty Five Barons or Greater Part of them to be restored shall be restored and if these things were done or the King hindered not the Doing of them within the said Term then the City and Tower of London were to be Re-delivered to him c. And if they were not done or the King hindered the doing of them then the Barons should hold the City and the Archbishop the Tower until the Covenants were performed and
Ulvevae Alter Dimidius Sub-Commendatus Antecessori Malet Sudfolc Little Domesday Book f. 322. b. Clliberti Coliberti THese sometimes were called Conliberti as if they had been Servants and were manumitted They were People of a middle State between Freemen and Servants yet in Condition nearer to Servants They had their Patrons to whom they paid Rent and were manumised as Servants used to be they had not a full but conditional Liberty and were therefore somtimes called Conditionales because obnoxious to some sort of Servility they were much like the old Coloni Colons or Clowns See more in Du Fresne upon the words Cotarii Cottarii Cotmanni Cotseti Coscet Coscez ALL these words are derived from the Saxon Cote which signifies a pitiful little House Hole or Lurking Place and was the same Du Fresne says with the French Bord and Cotagium which was such a Cote with a small parcel of Land to it was the same Tenement with their Borderia or Borderie and all those that inhabited such small Houses and held such Tenements under Base Services had these various names given them of which Services I shall say more afterwards at this day we call these Cottagers Sir Henry Spelman thinks the two last words Coscet and Coscez to be derived from Coshe an old English word that signified the same with Cote but seeing those words are seldom found any where but in Wiltshire I rather think them to have been mistaken by the Scribe for Cotset and only falsly written he not understanding the meaning of it which was the true old Saxon word for a Cotager Investitura THis Word is derived from the Verb Vestire Bezoldus says it comes from Vest an old Franco-Gallic word that signifies Possession or Seisin Discurs polit p. 90. From whencesoever it is derived it signifies both to give and take Possession For giving Possession or Seisin antiently did not pass by bare Words Instruments or Charts but by some other Ceremonies or Symbols which denoted the passing of an Estate out of the Power of one man into the Power and Possession of another and the same Ceremonies and Symbols were used in almost all Nations if land passed a Turf or Green Clod or Sword of Earth was laid upon the Instrument to signifie the Soyl passed and a little Branch of a Tree ramus vel fustâ—ca was pricked upon it to signifie the profits and what grew upon it passed with it The several sorts of Symboâ—s and Ceremonies of passing away Estates with the Forms which were very many are to be found in the very Learned Du Fresne in this Word where the Reader as in all parts of his Glossary may observe wâ—at had anciently nothing peculiar to England But the Reason of my so much taking notice of this Word is The great confusion it made in Christendom and the horrible Bloodshed which followed the Contest about Investitures between Pope Gregory the Seventh otherwise called Hildebrand and Henry the Fourth Emperor of Germany or rather inter Sacerdotium Regnum between the Clergy and Laity This was the Original or occasion of the Contest between King Henry the First Arch-Bishop Anselm and Pope Paschal the Second Between King Henry the Second Thomas Becket and Pope Alexander the Third Between King John Stephan Langton and Pope Innocent the Third Between King Henry the Third Arch-Bishop Boniface Pope Alexander the Fourth Urban the Fourth and Clement the Fourth or between the Clergy and Rebellious Barons that struck in with them and the King and his faithful Subjects This Investiture was made or the Possession of the Bishoprick or Abby given by the Delivery of the Pastoral Staff and Ring to the future Bishop or Abbat by Temporal Princes And they had always iâ—oyed this Right of Investiture until the Time of Pope Gregory the Seventh called Hildebrand who in the Sixth year of his Papacy A. D. 1078 in the Fifth Roman Council which was called for the Restauration of Holy Church procured this Canon to be made Because we have been informed That in many places Investitures of Churches have been made by Lay-men contrary to the * None of these are extant Decrees of Holy Fathers and from thence many Disturbances have happened in the Church to the Oppression of Christian Religion We Decree that no Clerc shall receive the Investiture of any Bishoprick Abby or Church from the hand of Emperor or King or any other Lay Person Man or Woman If any one shall presume to do this let him know such Investiture is made void by Apostolic Authority and that he is Excommunicated until he gives just satisfaction Labbe Tom. x. Col. 371 372. Can. 2. In the seventh Council at Rome held under this Pope A. D. 1080. Henry the Fourth was deposed from the Empire and Rodulph made Emperor and the seventh Canon concerning his Deposition and Excommunication is in a high strain and worth noting In this Council the former Canon was confirmed with this Addition That if afterwards any one should receive a Bishoprick or Abby from any Lay-Person they were not to be esteemed as Bishops or Abbats nor any obedience was to be paid to them as such and the Grace of St. Peter and entrance into the Church was interdicted them until they had quitted the place they had so received And in like manner it was Decreed concerning inferiour Ecclesiastic Dignities Ibid. Col. 381. Can. 1. In the same Council it was also Decreed That if any Emperor King Duke Marquess Earl or other Secular Potentate or Person should presume to give the Investiture of Bishopricks or any other Ecclesiastic Dignity he should be liable to the same sentence and furthermore unless he repented and left the Church to its own Liberty he should feel the Divine Vengeance in this life as well in his Body as in his other Affairs that his Soul might be safe at the coming of the Lord. Ibid. Can. 2. Pope Urban the Second in the eighth year of his Papacy A. D. 1095. held a Council at Clermont in France in which it was Decreed That no Clerc should receive any Ecclesiastic Honour from a Lay-person Ibid. Col. 508. Can. 15. nor any King or other Princes should make Investitures of Ecclesiastic Honors Ibid. Can. 16. Nor that any Bishop or Priest should do fealty or homage to any King or Lay-man Can. 17. The same Pope in the last year of his Papacy A. D. 1099. held a Council at Rome about the beginning of May or latter end of April in which he declared all Abbats Excommunicate which for the future should presume any way to receive the Investitures of Abbies from any Lay-hand and forbad all Bishops to Ordain or Consecrate them Ibid. Col. 617. Can. 17. He that will see what advantage the Clergy made of these Canons and Decrees let him read the Ecclesiastical Story in Henry the First and Henry the Second the life of King John and Henry the Third And who will see the beginning and progress of this
Land that came to them or passed by writing or perhaps as we now call it Deed from their Ancestors could not sell or alien it from their Heirs and that for vouching of things sold c. no man's Horse or Ox could be bought or sold without a Voucher Foed Alured Guthrum Ibid. fol. 36. Hundreds and Tithings erected by Alfred that is one then that should take upon him to make good the sale and thing sold according to the Bargain .. This King according to Ingulph first divided the Provinces into (u) Without doubt as to this part of the Division De gestis Aelfâ—ed fol. 284. Ingulph was mistaken for Asser who lived in Aelfred's time mentions Osric Earl of Hamshire and Ethelwolph Earl of Bark-shire under Ethelbert and Eanwulf Earl of Somersetshire under his Father Ethelwolph There are also mentioned as witnesses to a Charter of King Ethelbald's A. D. 716. cited by Ingulphus Egga Earl of Lincoln and Lencitus Earl of Leicester Histor Croyland fol. 485. a. therefore such Divisions were before nevertheless 't is most probable the Partitions of Counties into Hundreds and Tithings were made in his times as appears in the notices Counties those into Hundreds and those again into Decimes or Tithings that every English man living under Law should be within some Hundred or Tithing Edward the Elder A. D. 886. of this see more in the first part of this History He made also a Survey of all the Counties Hundreds and Tithings throughout England and the Roll thereof was called the Roll of Winchester All Counties surveyed by Alfred In his History fol. 516. b. the chief City of the West-Saxon Kingdom because it was kept then out of this Roll and that afterwards made by William the Conqueror in imitation of it but more exact Ingulphus took out the Particulars of the Lands and Tenements belonging to Croyland Abbey Edward his Son called the Elder Edward the Elder A. D. 900. Sax. An. 901. Disturbed by Ethelwald Ibid. 905. Who flies to the Danes in Northumberland and perswades them to invade Mercia because the first succeeded Aelfred less learned but more Potent In the beginning of his Reign he received some disturbance from the pretences of Ethelwald his Uncles Son to the Kingdom who not being able to make good his Cause fled to the Danes in Northumberland and prevailed with them to invade Mercia where Edward marching upon them forced their Army to retreat and wasted all the Country between the (*) This was that Ditch which is called Divels-Ditch upon New-Market-Heath and the Country here mentioned was all that between this Ditch Huntington St. Neots Bedford c. which are seated upon the River Ouse Ditch and Ouse even to the North Fens and not long after both Armies joyned Battel and fought with great loss and slaughter on both sides Duke Sigulf Earl Sigelm Eadwold the Kings Thane Cenwulf the Abbat with many common men A great slaughter of Saxons and Danes were slain on the Saxons part on the Danes part their King Eohric the seditious Ethelwold Brihtsigerus Isop (x) HOLD is a Danish word and signifies a Field-Marshal Knight-Marshal or General Hold Osketel Hold with very many other Commanders and common Soldiers yet by the Story the Danes seemed to have kept the Field what the event of Battel was appears not Ibid. 907. however two years after Edward makes Peace with the Danes The East-Angles and Northumbrians which were now one Nation with them not long after the Danes broke the Peace Ibid. 9 1. and wasted his Countries to whom he gave Battel overthrew them The Danes beaten and killed their King Ecwils persuing this Victory and marching for several years up and down into all parts of his Country he with the assistance of his Sister Elsted Countess Queen of Mercia every where expelled the Danes Malms de gestis reg l. 2. c. 5. Ingulph Hist fol. 595. b. Edward repairs his Towns and Fortresses and places strong Garrisons in them and either built and erected new Towns and Fortresses in all convenient places or repaired the old and placed strong Garrisons in them especially towards the Frontiers by which means he checked the Insolency of the Danes and hindered their Excursion their places of Safety and Retreat added such courage to the Country-men that whereas before they fled from the Danes now they out-braved and contemned them These things raised him to such a Reputation that after the accession of Mercia to his former Territories which he took into his own hands after his Sisters Death Howel Cledanc and Jeothwell Kings of the (y) These were those that inhabited that which is now called Wales who were called North-Britains in respect of those which inhabited Cornwall who were called South-Britains North-Britains and the whole Nation submitted Saxon Annals A. D. 922. The North-Britains or Welsh submit Ibid. A.D. 924. And the Scots Danes and Northumbers Divels-Ditch Hold what and who North-Britains who and desired him for their Lord and Master as did also not long after the King of Scots and all his Nation the Northumbrians the English and Danes and other Northern People Athelstan A. D. 924. with the King of (z) Straecled Welch who De â—cb Scot. l. 6. p. 175 156. Britains which at that time inhabited Calloway in Scotland Buchanan confesseth that the English Army being far inferior to the Danes and the Forces with which the Scots assisted them yet under the conduct of Aethestan who was Edward's General they obtained a great Victory and took from the Scots Cumberland and Westmorland and from the Danes Northumberland but he will not acknowledge the submission of Scotland STRAECLED Wales and his People Straecled This King by the advice of his wise men made several Laws and confirmed the League his Father Aelfrid made with Godrun or Guthrun He confirms the League Alfrid made with Guthrun Lamb. inter Ll. Edward Sen. He makes many Ecclesiastick Laws Col 829. by Agreement of the Great men on both sides and amongst other Articles of the League they enacted many Laws meerly Ecclesiastick which were reputed as part of it these Ecclesiastick Laws are printed in Brompton amongst Aelfrid's Laws as being made then and are more perfect than in Lambard and with others there are Laws for the Payment of Tithes Peter-pence Candle-money c. Edward dying in the year 924. was buried with his Father in the Monastery of Winchester Athelstan Lib. 2. de gest â—eg c. 6. After the death of King Edward his eldest Son Athelstan by a Concubine as 't was reported says Malmsbury was crowned at Kingston upon Thames by Athelmus Archbishop of Canterbury the beginning of whose Reign was disturbed by the Sedition of Alfrid a Noble-man A. D. 924. Perjury punish'd with sudden Death who being apprehended and sent to Rome to purge himself denying the Fact upon Oath fell down suddenly and within three days
Hist Croyl fol. 515. a. n. 50. Itinerant Justices appointed to which purpose Ingulph who was made Abbot of Croyland [4.] Ib. Lin. 8. 1076. says Nobis itaque in dictis tenementis coram regis ministris calumniam ponentibus dies Juridicus apud Stanordiam datus est quo die cum regis Justiciarius pro negotiis aditurus Knights of the Shire At the time of making of [3.] Tit. Sud-Treding in Lincolia Kesteven ib. and many others Doomesday Book or the general Survey of England and for many years after the Jurors passed their judgment and gave in their Verdict according to Possession For those that were then seized of Lands had no other Title than that they possessed them by the Gift or Permission of the Conqueror as (c) In Doomesday 't is so said frequently by his Seal Mortgages and Sales of Lands Registred in Counties Hundreds c. or by being put into Possession by his Commissioners or some other mediate Lord who claimed from him and then Possession and Right were almost the same thing so that then every man's Right was easily determined Especially when the [4.] Dugd. Origin Jurisd â—ol 27 28 31 93 94. Cook Proem to Report 3. â—omn Gavelkind p. 87. Doomesd Tit. Clamores in Subtredinge Lincoliae c. Ibidem Fines levied in County Courts c. Fines and Corcords many before Justices Itinerant See Counties and Rolls of Assize Conveyances Assurances Morgages Sales c. of Lands were registred and recorded in the Counties and Hundreds where they lay As in the time of the Saxons and the first Norman Kings was usual of which there are many Instances in the Citations in the Margin and many more might be produced Fines also were then often levied and Concords made in the County Court before the Sheriff and other chief Gentlemen of the Country and recorded there as likewise in Court-Barons before the Lord c. Dugd. Origin Jurid fol. 93.94 c. And may be so to this day for Copyholds where the Custom of the Mannor will bear it So that Sir Ed. Cook 's Assertion that * Readings on Stat. de â—in p. 2. Pleas held in Churches and Church-yards Fines cannot be levied without original Writs was not agreeable to the Practice of those antient times Besides set and determinate places in Hundreds and Counties for holding these Pleas they were sometimes held [5.] Sim Dun. c. 35. Gervasius Dorobern col 12 92. in Churches and Church-yards until they were [6.] Spel. concil 2. vol. A. D. 1287. inhibited and from hence may be made out the meaning of that Passage in [2.] Col. 12 91. Gervasius Dorobernensis concerning the South Door or Porch of the Cathedral Church of Canterbury which so much [3.] Praef. ad Authores 10. fol. 42 43 44. perplexed Mr. Selden concerning Pleas ended there that could not be determined in the Hundred County or King's Courts which might be such as were usually defined in that place by the Civil or Imperial Law [4.] Seld. dissert ad Flet. ex Epistolà Pet. Blessensis c. 8. §. 1. f. 52 2. for in the time of Henry the Second c. in the Palace of Thomas Archbishop of Canterbury there was a Colledge of Students in the Cesarean Laws [5.] Ibidem to whom all the knotty Law Questions in the Kingdom were referred for Solution This way of Trial [6.] Glanv l. 2. c. 7. by Assize and the Oaths of twelve good lawful men of the neighborhood by Verdict or Recognition seems to have been introduced or at least brought into more frequent practice in the time of King Henry the Second [7] Ibidem who vouchsafed the great Assize as a Royal Benefit to the People upon Consultation had with his Nobles whereby in tenderness of Life men might decline the doubtful success of Battle and try their right to their free Tenement that way before this way of Trial became frequent and universal Battel Duel and Ordeal were very much used in Criminal and Civil Causes the first to assert the Right and Title to Lands Tenements c. And the latter to purge and acquit men from or condemn them of Crimes of what nature soever but especially such as were hainous or capitol The last of which according to [8.] In his Gloss verb. Ordeal Mr. Somner's account of the word signifies an upright just and indifferent Judgment See the first part of the Saxon Story See Olaus Wormius de monument Danicis lib. 1. cap. 11. de Ordalio This Law or way of Trial was abolished by [2.] Append. n. 9. a. Tryal by Ordeal prohibited Henry the Third in the third year of his Reign with command to his Itinerant Justices through England in regard it was prohibited by the Roman Church that such as had committed Theft Murders Burning and the like Offences to whom belonged the Judgment of Fire and Water should abjure the Realm And those that had committed less Crimes should find Sureties of the Peace and left it to the discretion and Consciences of the Justices for that time to proceed according to this order his Council not having made any certain provision in this Case yet it seems not presently to have been disused for [3.] Spelm. Gloss fol. 435. col 2. on Jan. 7.16 Hen. 3. by Inspeximus the Grant of King John in the Second of his Reign of Ordeal and Duel was amongst other Priviledges confirmed to God and the Church of Holy Trinity in Norwich And very strange it is what [4.] An. Dom. 1085. f. 12. n. 20 Mat. Paris reports of Remigius Bishop of Lincoln that being accused of Treason his Servant purged him by Fire Ordeal by which means he was restored to the King's Favour and the disgrace was wiped off But by Glanvile it should seem that Duel or Combate was much used if not most frequently for the trying of Right before Henry the Second instituted introduced or revived the way of Tryal by grand Assize by [5.] Glanv l. 2. c. 7. Henry the Second introduced or revived the Tryal by twelve men which in tenderness of Life as is said before men might decline that doubtful success of Battel and try their Right that way and for the course of proceeding in obtaining the Right of a Tenement by Duel or Grand Assize Glanvile treats of [6.] Ib. in Tit. cap. 1. them both together although he speaks first of Battel as being most antient In this manner [7.] Ibid. c. 3. after the view of the Land and both Demandant and Tenant appearing in Court the Demandant claimed thus [8.] Ibidem The manner of claiming by Battel in Civil Cases I do demand against B. half a Knights Fee as my Right and Inheritance as the Right of my Father or Grand-Father who was seized in his Demesne as of Fee c. And this I am ready to try by this my Free-man D. And if any ill shall happen unto him as Death
passed but with his consent and advise that is nothing could be Sealed without his allowance or privity as it there appears But the Justiciary surmounted him and all others in his Authority and he [4.] Spelm. Gloss f. l. 331. alone was indowed with and exercised all the Power which afterwards was executed by the four Chief Judges that is the Chief Justice of the Kings-Bench the Chief Justice of Common-Pleas Steph. Segrave Mat. Paris A. D. 1234. Chief Baron of the Exchequer and the Master of the Court of Wards As Sir [5.] Ibidem Henry Spelman makes it out by the Articles exhibited against Hubert de Burgo there cited out of Mat. [6.] Fol. 376. n. 30 40 50. Paris and other Instances [7.] Spâ—lm Gloss ut sup The Barons by right of Dignity in all Cases many others by Right of Tenure and most by Priviledge granted by Chartre were not to be impleaded for their Lands and Tenements but before the King or his Capital Justiciary Some Remains there are to this day There remains somewhat of the Office of the old Justiciary in the Chief Justice of the Kings-Bench of this great Office in the Chief Justice of the Kings-Bench all England as to keeping the Kings Peace and Dignity of the Crown and some other Matters is under his Jurisdiction and therefore is stiled Chief Justice of England This great Officer had his Original from [8.] Spelm. Gloss fol. 332 Normandy and was the same in Power and Office with the ancient (*) From the Teutonick Sehen or Saxon Theon to see videre inspicere scale servus or Minister as it were the chief Minister or Inspector of the Family Major Domus Dapiser Scon. Somn. Gloss in verbo or Seneschallus and so from this great Service and general imployment called Seneschallus Normaniae Seneschal thereof or very like him anciently there was wont says the [9.] C. 10. Grand Customs of Normandy a certain Superior Justice called the Prince his Seneschal to travel and pass through all Normandy The great power of the Justiciary which name we received from Normandy Grand Cust c. 384. he corrected the Delinquence of inferior Justiciaries took care of and secured the Prince his Lands caused to be observed the Rights and Laws of Normandy and rectified what had been less justly done by the Bayliffs and removed them from their Office if he thought it convenient He also inquired into the Vsages and Customs of the Forest and caused them to be observed every three years he passed through and perambulated every part of Normandy and visited every (a) Bayly-wic was a portion of the Dukedom of Normandy Bayly and Balywic what Si inventus saerit in Balliva sua Grand Cust c. 4 answerable to our County having respect to that Province and hence that expression in the King's Suit to the Sheriff of a County or Shire it was greater than a Vicount and contained many of them the Bayliff was an Officer appointed by the Prince and had greater Power and Jurisdiction in greater Causes than the Vicount he was Judge of and had Power to hold Assizes in his Balliage to keep the Peace of the Prince to hold Pleas of the Sword or Crown and had cognizance of Arms and arming the People Bayly-wic and inquired into all the Excesses and Injuries done there by Sub-Justiciaries he likewise took notice of all publick Thieves Rapes Murders Burnings or Fireings of Houses and all other Pleas of the Sword or as we call it the Crown of Treasure digged out of the Earth Mines Wrecks Water-courses changed or not kept High-ways changed or stop'd up c. doing right in all these and many more things there enumerated This great Officer was also General Vice-roy and Guardian of the Kingdom in the Kings absence and sometimes made Peace and War by the advice of the chief Nobility as may be observed in the following History The Determination of this great Office This mighty Office of Justiciary received many gradual Diminutions and at length determined about the [1.] Dugd. Origin Jurid fol. 20. 45 th of Henry the Third there being afterwards a Chief Justice in each Court of Kings-Bench and Common-Pleas appointed [2.] Spel. Gloss fol. 334. men less eminent in Quality not of the highest Nobility or greatest order in the Church without great Alliances in Blood and a numerous Train of Clients and Followers less Popular and so less Factious and more easily to be commanded by the Prince yet more knowing in the Law which by this time was become a [3.] Ibidem very sublime Mystery very intricate and involved Inferior Ministerial Officers all Normans For other inferior Ministerial Officers Earls Vicounts Bayliffs Lords of Hundreds and Maners before whom Titles and Causes of smaller Consequence were tried 't is evident they were all Normans none but they injoying any considerable Lands Liberties or Jurisdiction as must be acknowledged by all that know any thing of the Catalogue of Proprietors in * Append. n. 10 Doomesday Book or have well considered what Gervasius [4.] L. 1. c. 23. Tilburiensis says in his Book de Necessariis Scaccarii observandis to that purpose a Person beyond exception being an Officer in the Exchequer which Court then took notice of all the Estates in England one way or other Nor were the Judges and Lawyers of those times in all probability other than Normans for then they were most if not all [5.] Dugd. Origin Jurid fol. 21. Clergy-men and so were they in Normandy as is manifest by the [6.] C. 9. Grand-Customer where 't is said the Judges are Sage Persons and Authentick which in Court give judgment of those things they have heard as Archbishops Clergy-men Judges and Lawyers in Normandy Bishops Canons of Cathedral Churches and other dignified Persons Abbots Priors and Rectors of Churches famous for their Honesty and Piety and the most of the great Clergy-men in this Nation then as Bishops dignified Persons Abbots Priors c. were Normans William [7.] Hoved. fol. 259. b. n. 30 40. A. D. 1070. depriving very many of the English of their Ecclesiastick Honours and put those of his own Nation into their places as a means to confirm him in his new acquests and 't is not to be doubted but great numbers of the inferior Clergy as well Regular as Secular came over with them who were exercised in the Controversies of the Norman Law for Confirmation whereof there were in the Reign of William Rufus so many of the Clergy Lawyers that [8.] Fol. 69. b. n. 10. All Clerks Pleaders Malmesbury said there was nullus Clericus nisi causidicus No Clerk which was not a Pleader If therefore the Justiciaries Chancellors Earls Sheriffs Lords of Maners such as heard Causes and gave Judgment were Normans if the Lawyers and Pleaders were also Normans the Pleadings and Judgments in their several Courts must of necessity
words of Art in that Profession After Sir Edward Coke as he thought had thus established his Opinion of the Antiquity of our Laws by Record he renews his Discourse upon this Subject in his Prefaces to his sixth eighth and ninth Parts of his Reports but chiefly in the two last and prosecutes his Arguments upon his second Topick from History which shall be considered in the Answer to a Book Intitled Argumentum Antinormanicum where they are all repeated and therefore on purpose passed over in this place William the First COMMONLY CALLED The Conqueror [1.] Dudo de moribus actis Normannor fol. 63. B.C. THE Danes and Norwegians under Hastings or Anstings their former Leader having harassed and wasted a great part of France with Fire and Sword [2.] Ibid. 66. B. C. the French and their King especially wearied with his Ravages and Cruelties make Peace with him pay him Tribute and allow some part of their Country for an Habitation to him and his Followers [3.] Ibid. 75. D. An. Dom. 876. do now again under the Conduct of Rollo at the [4.] Ib. 76. C. Instigation of Hastings come with their Fleet out of the River (a) Scaldis or the Scheld a River running through Brabant and Flanders and passing by the Borders of Haynault upon which Antwerp Ghent Oudenard and Toâ—â—naye are seated Scheld into the Mouth of the River (b) Sequana or the River Seyn running through the Isle of France and falling into the Brittish Sea upon which Paru and Rhoan are seated Seyn to whom Franco Arch-Bishop of Roan with his whole Country sent for Protection and submitted By this means having here a place of settlement he Invaded the other parts of France and attempts [5.] Ib. 79. b. Paris Rollo comes into the River Seyn Arch-Bishop Franco begs his Protection and assisted with [6.] Ibidem English and other People that resorted to him often defeats the French and became so formidable that Charles the Simple at the [7.] Ibid. 81. D. 82. A. Instance of his People and [8.] Ib 83. c D. 79. b. The King of France gives Rollo Normandy Advice of Franco aforesaid made a Composition with them and gave to Rollo all the Land from the Rivers (c) Epta or Iâ—ta a small River upon which Gisors Gurnay and Bray are seated which falls into the Seyn between Varnon and la Roche Guion Epta to the Sea then called Neustria now Normandy from these Northern Men which because it was then almost wast uncultivated and unpeopled and the Corn and Cattle destroyed he gave him also Brittany for their present support that from thence they might take all Necessaries to sustain them and likewise his Daughter Gisla to Wife [9.] Ib. 79. B. He is Baptized An. Dom. 912. upon Condition he would turn Christian which he did accordingly and was [1.] Ib. 84. C. And his whole Army Baptized by Franco and named Robert by his Godfather Robert Duke of France the Kings Brother and afterwards caused all his great Commanders Soldiers and whole Army to be instructed in the Christian Faith and Baptized [2.] Ibid. 85. A.B. He shares his Land gives some part first to the Church Will. Roberts Bastard Before he measured out his Land which was done with a Rope or String and gave Shares of it to his chief Companions and others of his faithful People he gave some part of it to the chief Churches in Normandy which he repaired and new built as also the Walls of his Cities and Fortresses From this Rollo in a direct Line Robert was the Sixth Duke of Normandy to whom [3.] Gemetic lib. 8. c. 3. William was Natural and only Son by Herleva or Herlotta his Concubine Daughter of Fulbers his Chamberlain or Groom of his Chamber Robert out of [4.] Orderic vital fol. 459. Devotion against the mind of his People Robert goes to Jerusalem going to visit the Sepulchre of Christ at Jerusalem [5.] Gemâ—t lib. 6. c. 12. D. called together the Arch-Bishop and other the great Men of his Dukedom and caused them to do Homage and Swear Fealty to his young Son then about Eight years old as their future Prince and Lord appointing [6.] Malmsb degest reg fol. 53. b. 30. Gilbert Earl of [7.] Gemet lib. 6. c. 11. He leaves his Son and Tutor to the Care of the King of France Oâ— his Governor committed them both to the Care and Protection of Henry the First King of France and afterwards in his return from the Holy Land died at [8.] Ibid. c. 13. An Dom. 1035. Robert dies Nice in Bithynia After his death many near to to the Dukedom of his Fathers Relations Conspired against him [9.] Ibid. lib. 7. c. 2. privately killed his Tutors and Governors and endeavoured to take from him the Dukedom for that he was a Bastard which then in France was not esteemed a sufficient Bar to the Inheritance of Princes especially if according to the Canon Law they Married their Concubine (d) Thierry or Theoderic [1.] Vales rerum Franc. Tom. 1. fol. 320 321. Bastard of Clovis had for his Share with his Lawful Children Anstrasie now Lorrainge c. [2.] Ib. Tom. 3. fol. 88.113 Sigibert Natural Son of King Dagobert had Anstrasie as his Share also of France with his Lawful Son Clovis 12. with many such Examples in other Nations for before that time many had succeeded their Fathers in this and other Countries as if they had been lawfully begotten others openly invaded the Title and waged War for the Dukedom His Tutors privately Murthered The first of whom was [1.] Gemet lib. 7. c. 3. Roger de Toney Arms against William Roger de (e) In most of our Historians he is called Roger de Tresuye Toenio Standard-bearer in all Normandy a Descendent from Malahulcins Uncle to Rollo the first Duke thereof and an Adventurer with him in the Acquest of it Bastardy was no bar to the Inheritance of Princes he returning out of Spain where he had performed many great things against the Saracens and finding William a Child to succeed his Father in the Dukedom was much displeased and scorned to serve him saying a Bastard ought not to Command him or the Normans Combined with others who Conspired against William and enters the Territory of Humphid (f) He was Son of Turulf de Ponte Audomari by Wera [3.] Gemet lib. 8. c. 37. Sister to Gunnora a Forresters Daughter first Concubine and then Wife to Richard first Duke of Normandy Osbern de Bolebec Mâ—rried another Sister of Gunnors by whom he had Walter Giffard made * Orderic vital 522. c. Earl of Buckingham by the Conqueror From these two Sisters of Gunnor and her Brother Herfasâ—us sprang many of the * Gemet ubi supra great Men of Normandy and afterwards of England the Fliz-Osberns Mortimers Giffards Warrens Montgomeries Gournay
drew his men together and marches toward the Newry to go into Vriel but in his march he had notice that the Irish of those Parts were in Arms and provided for their defence and were incamped South of Dundalke The English marched toward them and procured a Poor Frier to go and tell them that there were great Forces arrived from England at Tre or Drogedagh and that they were marching toward them the English when they came within a Mile of the Irish Army they went forward in such order as might make the greatest shew and appear many in number by the advantage of the places where they marched The English approaching make a great shout with which the Irish were so daunted as they broke their order tumbled one upon another and attempted to pass the River when the Tide coming in many were drowned and others that dare not adventure through the Water were killed by the English O Hanlan with his men had passed the Water The Frier shewed unto the English a Ford where they went over and pursued the Irish which were about 6000 A Fight between Courcy and O Hanlan and the English 1000 the matter was so ordered on both sides that they must fight the Conflict was sharp the English Foot gave back and left Courcy in the midst of his Enemies his Brother Amoric comes into to his relief rallies and incourageth the Soldiers who charged the Irish so briskly as they made them retreat The slaughter was great on both sides and each of them drew off without boasting of Victory The Fourth [6] Ib. f. 157. Girald ut supr l. 2. c. 16. f. 795. n. 10. was at the Bridge of Ivori where Courcy prevailed and slew many of his Enemies These were the great Acts of John de Courcy who commanded those English Forces that subdued Vlster after which he built many Castles in fit places for the Security of it and established there a firm Peace While John de Courcy [7] Ibid. c. 17. was thus imployed in reducing Vlster Miles Cogan who was * Dublinens familiae constabularius urbis custos c. Miles Cogan invades Connaught Constable of or had the chief command of the Forces of Dublin and Governor of that City under William Fitz-Adelm Seneschal of Ireland with Forty Knights 200 other Horse-men and 300 Archers passed the River Shannon and invaded Conaught the men whereof burnt their own Cities and Towns hid their Food and Victuals in Caves under ground and drove their Cattle into Fastnesses The English * Anglicana familia cum Tuemoniam Metropolin pervenisset c. Forces went as far as Twomond or Tuam the Metropolis and staid there eight days but not finding wherewithall to subsist returned to the Shannon where Roderic Prince of Conaught met them with three great Bodies of men There was a sharp Fight and many of the Irish slain but Miles and his men got safe to Dublin with the loss only of three Horse-men After this William Fitz-Adelm was recalled and [8] Ibid. c. 18. A. D. 1177. Hugh de Lacy was by King Henry made Procurator General that is Seneschal or Governor of Ireland Rex Henricus Hugonem de Lacy generalem Hiberniae Procuratorem constituit This same year in a general Council at Oxford [9] Hoved. f. 323. n. 20 30 40 c. Henry makes his Son John King of Ireland King Henry made his Son John King of Ireland by the Grant and Confirmation of Pope Alexander Venit Rex Oxeneford in Generali Consilio ibidem celebrato constituit Johannem filium suum Regem in Hibernia concessione confirmatione Alexandri summi Pontificis Benedictus Abbas [1] P. 97. a. says he purchased or procured a License from Pope Alexander to make which Son he would King of Ireland Rex perquisierat ab Alexandro summo Pontifice quod liceret ei filium suum quem vellet coronare Regem facere de Hibernia He gave in the same [2] Hoveden uâ— supra Henry grants to Fitz-Stephan and Cogham the Kingdom of Cork Council to Robert Fitz-Stephan and Miles de Cogham the Kingdom of Cork for the Service of sixty Knights to hold of him and his Son John except the City of Cork and one Cantred or Hundred which the King reserved to him and his Heirs The King gave also to Herbert Fitz-Herbert and William the Brother of Earl Reginald and Jollan de la Pumeray their Nephew the Kingdom of Limeric for the Service of sixty Knights or for sixty Knights Fees except the City of Limeric and one Cantred which he retained to him and his Heirs He likewise delivered to William Fitz-Adelm his Dapifer or Seneschal the Custody of the City of Wexford with all its Appertenencies and decreed that for the future the places following should belong to the Service of Wexford Harkelow with its Appertinencies Glascarric with its Appertinencies and the Land of Gilbert Boisrohard Ferneg Winal with its Appertinencies and all the Land of Hervey between Wexford and the River of Wexford the Service of Raimund de Druna the Service of Frodrevelan the Service of Vthmorth Leighlerin the Tenement of Maâ— Taloe with its Appertinencies and Leis the Land of Geofry of Constentine with its Appertinencies and all the Land of Otneld King Henry also delivered in Custody unto Robert Poer his Marshal the City of Waterford with all its Appertinencies and ordained that for the future these places following should belong to the Service of that City all the Land which is between Waterford and the River beyond Lismore and all the Land of Ossery with its Appertinencies Dublin committed to Hugh de Lacy. He also delivered in Custody unto Hugh de Lacy Dublin with all its Appertinencies and ordained that these places following should belong to the Service of Dublin the whole Land of O Felana with its Appertinencies and Kildare with its Appertinencies and the whole Land of Ophaly with its Appertinencies and Wicklow with its Appertinencies and the Service of Meth and the Service of four Knights Service which Robert Poer owes for his Castle of Dunavet When the King had thus [3] Ib. f. 324. a. lin 8. All to whom Lands were committed swear Fealty to the King and his Son John given the Lands in Ireland and divided their Services he made all those to whom he had committed the Custody of them to become his and his Son John's Men or Vassals homines suos Johannis filii sui Devenire and to swear Ligeance and Fidelity to them for those Lands Afterward he gave [4] Ibid. n. 20. to Philip Bruise the whole Kingdom of Limeric for the Service of sixty Knights to hold of him and John his Son for Herbert and William the Brothers of Reginald Earl of Cornwall and Joslan de la Pumeray their Nephew would not have that Kingdom because it was not then fully subdued for the English had killed the King of Limeric who was the
the Castle of Divises under the Custody of four of their Knights and made Lawrence a Clerc of St. Albans Steward of the Lands Granted him who had been a faithful friend and great comfort to him in all his Afflictions The Substance of this Composition or Judgment is to be found upon Record though it doth not well agree with the exact Circumstances of time and the Crimes objected in every Punctilio during this Transaction hitherto The * Append. n. 152. Record says That the Pope wrote to King Henry To correct the Injuries Hubert de Burgh had done to the Roman Chucch and the * See before for this Matter Italian Clercs here in England and That thereupon the King sâ—nt to Arrest his Body and bring him to Answer before him for that very thing Especially Hubert having notice of this fled into a Chappel and those that followed him though they had no order to do it took him out of the Chappel and carried him to London when the King heard of this being Desirous to maintein the liberty of the Church Commanded him to be carried back to the same Chappel in which when he had staid many days he was asked whether he would remain in the Chappel or go out and stand Tryal in the Kings Court concerning the same Injury and others which should there be objected against him by the King and many others who many ways complained of him At length he voluntarily chose to come out and stand to Law yet he begged the Kings Mercy and so went out and the Kings Officers that were there present received him carried him to London and delivered him to the Constable of the Tower The King not satisfied sent Stephan de Segrave then Justiciary John de Lascy Earl of Lincoln Brian de Lisle and others to know whether he was forced or went out voluntarily He answered he went out freely and not for want of Victuals or any other thing and that he was ashamed he had staid there so long Then the King Commanded he should be out of the custody of the Constable of the Tower that he might come freely to his Court and so he came to Cornhul in London upon the Eve of St. Martin and appeared before Richard Earl of Cornwal William Earl Warren Richard Marshal Earl of Pembroke John Earl of Lincoln Stephan Segrave Justiciary Ralph Fitz-Nicholas and others the Kings Tenents or Feudataries there being where when he was accused he would make no defence nor undergo the Sentence of the Court but submitted himself to the Kings pleasure concerning his Body Lands and Goods The King at the instance of the Great Men and the Petition of Hubert and his Friends and Relations and by the permission of those that accused him Respited the Judgment notwithstanding it was drawn up in Court and voluntarily Granted him these Terms That having delivered to the King all the Lands Tenements and Liberties which he held of him in Capite and of King John his Father and all Writings and Instruments that concerned them Then he should have and retain the Lands and Tenements which descended to him from his Antecessors and all the Lands and Tenements he held of others then the King yet so as he should answer to all his other Accusers according to the Custom of the Kingdom and all his Chattels wheresoever they were as well Gold Silver Money or other Goods and his Body to remain at the Castle of Divises in the custody of Richard Earl of Cornwal William Earl Warren Richard Marshalâ— Earl of Pembroke and John Earl of Lincoln until he was delivered by the Commune Council of the King and of all the foresaid Barons his Keepers and of all the Great Men of the Land And if he should by any ways or means Break or endeavour to Break Prison then the Judgment was to take effect and wheresoever or by whomsoever he should be found he was to be used as an Out-law Toward the latter end of this year in December Lewelin * Append. n. 153. Granted and promised to stand to the determination of Ralph Bishop of Chichester and Chancellor Alexander Bishop of Lichfield and Coventry Richard Marshal Earl of Pembroke John de Lascy Earl of Lincoln and Constable of Chester Stephan de Segrave Justiciary of England and Ralph Fitz Nicholas the Kings Steward together with Jolenevet Lewelin's Steward Werrenoc his Brother Iman Vachan and David a Clerc concerning Amends to be made for the excesses on both sides for the restitution of Lands and Possessions and what Money was to be paid for Damages done In the year 1233. King Henry at Christmass [6] fol. 384. n. 20 30 40. A. D. 1233. The English Nobility removed from the Kings Counsels kept his Court at Worcester where by the advice of Peter Bâ—shop of Winchester as it was reported he removed all Bishops Earls Barons and Noblemen from his Council and would trust no one but the aforesaid Bishop and Peter de Rivallis his Kinsman So that the management of all publick Affairs was committed to them The Poictovins and Brittans were now invited into England Poictovins and Brittans called into England The Wardships of the Nobility committed to them The English complain of it in vain and there came over 2000 Knights and Servants whâ— were placed in several Castles in Garrison to whom the easy King committed the Wardships of the Nobility which afterwards much degenerated through the ignoble Marriages with Forreigners And when any Englishman complained of their burthens and oppression to the King they were hindred of remedy through the powerful influence of the Bishop of Winchester When [7] Ibid. n. 50. Richard Earl Marshal speaks boldly to the King Concern in the Poictovins Richard Earl Mareschal saw both the Noble and Ignoble oppressed and the Laws of the Kingdom laid aside He as a lover of Justice with some other Great Men Associatis sibi quibusdam Magnatibus went boldly to the King and told him publickly that by pernicious Counsels he called in Poictovins and Strangers to the great oppression of his Natural Men and violation of their Laws and Liberties Wherefore they humbly supplicated him to correct these disorders in the Government otherwise both He and the rest of the Great Men would withdraw themselves from his Counsels so long as he made use of Forreigners To whom the Bishop of Winchester replyed The Bishop of Winchesters Answer to him That the King might call whatsoever Strangers he pleased for the defence of his Kingdom and Crown and also such and so many as might reduce his proud and rebellious Subjects to due Obedience When the Mareschal and the rest heard this Answer [8] fol. 385. lin 2. they retired from Court promising faithfully to stand by one another in that cause usque ad divisionem corporis anima to the very parting of Body and Soul The last year in Autumn [9] Ibid. n. 40. The Pope voids the Election of John Blund
and Morgan of Carleon concerning the Castle of Carleon And after this Arbitration or Determination what amends was to be made on both sides Edmund Archbishop of Canturbury renewed the * Append. n. 158. The Truce renewed Truce for one year longer That is until the Feast of St. James in the One and Twentieth year of his Reign between King Henry and Prince Lewelin and all that were openly concerned on either side so as the King and Prince should be in the same possession of Lands and Tenements Men and Homages as they were the Day of the making this Truce Saving to Morgan de Carleon his Lands and Chattels which Gilbert Earl Marâ—hal possessed himself of within the time of the Truce If any Lands or Castles had been seised During the Truce no Amends were to be expected for them but for goods or moveables amends was to be made for them by the Arbitrators which were sometime called Correctors sometimes Dictators of amends The Conditions on which it was to continue The Truce still to continue so as no Namia Reprisals or Distresses were to be taken for any Interception made of moveables within the time of the Truce nor for any contention before the making of it No new Castles were to be Built or Fortified in the Marches or those which were Demolished repaired during the Truce and the Lands in the Marches were to remain Commune according to the Stipulation in the last Truce A. D. 12â—6 On the 29 of April the King [3] fol. 429. n 30. A conference at London called the great men of England Congregati sunt magnates Angliae ad Colloquium together at London to treat about the Affairs of the Kingdom and on the first day of the Assembly he removed into the Tower of London but not one of the Great men would come to him whereupon he came again to his Pallace and in treating of many things for the Good of the Realm Unjust Sherifs removed and Corruptions in that Office prevented the King laudably performed one thing which was to remove all Sherifs that were unjust and unfaithful in the discharge of their Office and substituted men of Birth and Estates in their Room who would not so readily be corrupted by Gifts and Rewards and made them Swear they would receive no other Presents but Meat and Drink and that very moderatly In this Assembly the King of Scots by his Messengers required of the King the restitution of such Rights as belonged to him by Charter The King of Scots Demands and the Testimony of many great men but nothing was determined in that Affair At the same time was a great difference between Richard Earl of Cornwal and Richard Sward which the King endeavoured to compose but could not Several of the Court Officers removed and thereupon he Banished Sward the Kingdom He likewise removed Ralph Fitz-Nicholas the Steward of his House and many other great Officers of his Houshold both from their Offices and his Council and [4] f. 430. l. 1. The Chancellor refused to deliver the great Seal required the Bishop of Chichester his Chancellour to deliver up the Great Seal but he refused Affirming he received it by the Common Council of the Kingdom Communi Consilio Regni and would not resign it up to any one without their Consent At this time the Emperor sent to demand the Money King Henry had promised with his Sister Some time in May [5] fol. 431. n. 20. Peter de Rivallis Rivallis and Segrave received into favour and Stephan Segrave were received into the Kings Favor On the 8th of [6] Ibid. The King thought such grants invalid that wanted the Popes Confirmation June the King called the Great men of England together at Winchester where the King by virtue of the Popes Bull endeavoured to void some Grants he had made before he was Married alledging they were invalid because they wanted the Popes Confirmation to whom the Right of the Kingdom belonged ad quem jus regni Spectabat conferre The Great men were much surprised at the Kings endeavors to enslave his Kingdom to such base Conditions This year the [7] f. 432. n. 40. The King of Scots meeteth the King of England at York King by the advice of his Great men went to York to compose the difference between him and Alexander King of Scots who affirmed he had not only a Charter but the Testimonies of many Bishops Earls and Barons of King Johns Grant of the County of Northumberland to him upon the Marriage of his Daughter Iohanna Adding That if he would not peaceably restore unto him his Right He would recover it by force That which encouraged the King of Scots to make this Demand at this time was What encouraged him to offer such demands to King Henry that Leolin Prince of Wales would be easily induced to break Peace with King Henry and the Affinity of Gilbert Mareschal who had marryed Margaret his Sister and also the present Hostilities beyond Sea [8] Ibid. n. 50. King Henry gives him satisfaction The King of England having consulted his present Circumstances for the preservation of the Peace of his Realm offered the King of Scots in lieu of the County of Northumberland the yearly revenue of LXXX Marks in some other place which gave satisfaction to all and so this Colloquium or Conference was Dissolved This year the [9] f. 433. l. 1. The Popes Policy to gain Money from the English Fryars Predicants and Minors went through Cities Towns Castles and Villages in England and offered plenary Indulgences to any who were confessed and truly penitent that would undertake the Cross and soon after the Pope sent into England Fryar Thomas a Templar and one of his Domestics with his Bull to absolve any one from his vow upon payment of a certain Summ of Money towards the defraying the Expences of the Holy War and whoever should pay any Money for this end although he was under no Vow yet he should have the Benefit of this Indulgence In the year 1237. at Christmass the King kept his Court at [1] fol. 435. n. 10 20 30 40 50. A. D. 1237. A Parliament at Winchester Winchester from whence he sent out his Writs Commanding all that belonged to the Kingdom or Government namely Archbishops Bishop Abbats Installed Priors Earls and Barons That all without faâ—l should meet at London on the * That is Jan. 13th Octaves of Epiphany to treat about the Kings Affairs which concerned the whole Realm Rex praecipiens omnibus ad regnum Angliae spectantibus videlicet Archiepiscopis Episcopis Abbatibus Prioribus installatis Comitibus Baronibus ut omnes sine Omissione in Octabis Epiphanâ—ae convenirent regia negotia tractaturi totum Regnum contingentia The Great men yielded a ready obedience to the Kings Summons believing some very great and difficult affairs were to be transacted and accordingly on St. Hilary's day an
Constable of Dover Castle Henry Montfort Eldest Son to the Earl of Leicester was made by the Kings Commission Constable of Dover Castle Warden of the Cinque ports and had the Chamberlain-ship of Sandwich committed to him during pleasure On the 4th of [9] Append. n. 210. The King appoints Conservators of the Peace June the King relating That by Divine Grace there had been a firm Peace made between him and his Barons to be inviolably observed through the whole Kingdom did by the Advice and Assent of his Barons Constitute and Appoint in all Counties of England Keepers and Conservators of that Peace during pleasure commanding and injoyning them by their Faith and Allegiance that they strickly looked after the Conservation of the Peace in their Counties and prohibited in his name any one under the penalty of disinheriting and danger of Life and Members to set upon any man or Plunder him to Commit Homicide Burning Roberies Tolts i. e. Thefts or Rapine or perpetrate any the like Enormities nor do Damage to any man contrary to his Peace Also that for the future no man should bear Arms in the Kingdom without his special License and Command And if they found any such Malefactors and Disturbers of the Peace they were to arrest and keep them safe until further Order In the Body of these Commissions there was a Precept to every of these Conservators of the Peace Four Knights to be chosen in each County to be sent to London to send four of the most legal and discreet Knights of each County to be chosen by the Assent of that County for the whole County to the King at London to be there on the * Note the Octaves of holy Trinity this year were June 22d Eaâ—ter day being April 10th Octaves or Eight days after the Feast of Holy Trinity at furthest to treat with Him his Prelates Great Men and others in Parlement about his own Business and the Business of the Kingdom On the same 4th of June the King sent his [1] Append. n 2â—1 Writ to Iames Aloâ—thele or Audley acquainting him that by Divine Grace there was a firm Peace concluded between him and his Barons and that for the keeping of that Peace by Advice and Assent of his Barons it was provided That no man under Penalty of losing his Lands and Tenements and also under danger of his Life and Limbs should wear Arms without the Kings special Licence and Command None to wear Arms without the Kings Licence and that all the Prisoners taken at Northampton should be brought to him to London in whose Custody soever they were And whereas there were certain difficult Matters which concerned him and his Kingdom to be Communicated to him without whose presence they could not be dispatched he commanded him by the Faith and Homage he ought him upon receipt of the Writ to come to him to treat of the Matters aforesaid and to bring with him Robert de Sutton Robert Fitz Walter Philip de Covel and John de Wiavill and all others in his Custody whosoever committed them that if it were thought fit they might be exchanged Prisoner for Prisoner with those taken at Lewes or otherwise Released upon Security Roger Mortimer [2] Ibid. received the same Precept which was delivered to Simon Watervill and that he should bring with him Reynald de Watervill John le D'espenser Adam le D'espenser Roger de la Hide Humfry de Bassingburn and all other such Prisoners c. Roger de Clifford [3] Ibid. received the same Command and to bring with him William de Eyvill Henry de Penbregg and Baldwin de Drayton A [4] Append. n. 212. Writ in the same Form and of the same Date was directed to John de Grey Constable of Nottingham Castle and he was commanded to bring with him Baldwin Wake Anker de Freschenvill Hugh Gobion Roger de Mortein Richard de Hemington and all other Prisoners in his Custody c. This Writ was delivered to Philip Driby by the Earls of Leycester and Glocester The same [5] Ibid. Command was to Drogo de Barentin Constable of Windsor Castle that he should bring William de Furnivall and all other Prisoners c. This Writ was given to Charles the Kings Valet to be delivered to the aforesaid Constable The same [6] Ibid. Precept was directed to John de Vallibus that is Vaus Constable of the Castle of Norwich or his Sub-Constable to come c. and bring with him Ger. de Furnivall William de Elyesford Ralph de Bruton John Estormy and all other such Prisoners c. The main Business for which four Knights were to be sent by the Conservators of the Peace of each County and the Barons were particularly summoned to Parlement eight days after The business for which the four Knights were summoned Trinity Sunday was this year June 15. and the Sunday following was eight days after inclusive reckoning Trinity Sunday for the first Trinity Sunday or on the 22 d of June 1264 48th of Henry the Third was to Vnking the King which was done in this manner There was an Instrument ready drawn against their time of Meeting That for the Reformation of the State of the Kingdom there should be chosen three Discreet and Faithful or Well-Affected Men of the Kingdom who should have Power and Authority from the [7] Append. n. 213. King of naming and choosing nine Counsellors of which nine three by turns should always be present in the Court Nine Counsellors to be chosen for the King All great Officers to be chosen by them and the King by the Advice of those nine should Order and Dispose of the Custody of his Castles and all other Business of the Kingdom and the King should make his Justiciary Chancellor Treasurer and all other great and small Officers that belonged to the Government of the Court and Kingdom by the Advice of those nine The first Electors were to Swear That according to their Conscience they would choose and nominate such Counsellors as should be faithful to the Honour of God and the Church and profitable to the Kingdom The Counsellors also and all Officers both great and small were to Swear at their Creation That they would to the utmost of their Power execute their Offices to the Honour of God and the Church and to the profit of the King and Kingdom without any other reward than Meat and Drink which commonly was presented upon Tables And if the Counsellors When and by whom Officers ought to be displaced or any of them so behaved themselves as they were to be laid aside and changed then the King by the Advice of the three Electors might change and remove as many as he thought fit and in the place of them so removed Subsistitute other fit and faithful Person or Persons If the great or small Officers behaved themselves ill they were to be removed by the Council of nine and other
People But now when Montfort had the King in his Power about the beginning of July these Suggestions and Rumors were renewed and spread abroad to keep the peoples Heads warm with Jealousies and Fears and that an Army might always be ready for they had made the Country to Baffle all Attempts to Rescue the King out of the Power of the Barons He was made to own them and 7 Append. n. 217. The King forced to own whatever Montfort suggested Dâ—clare to the Arch-Bishops Bishops Abbots Priors Earls Barons Knights Free-men and to the whole Community of Counties That it did certainly appear to him that a great Multitude of Strangers who or of what Nation not said who were preparing Shipping and intended with Force to Invade the Kingdom to the perpetual Confusion and Disinheriting of himself and every one of the Kingdom unless Care was taken with Force to prevent it He therefore Commanded all Knights and Free-Tenants to prepare themselves with Horse and Arms so as to be at London on Sunday after the first of August to March with him from thence for the Defence of himself themselves and the whole Kingdom against Strangers And also Commanded every Sheriff to take with him the Keeper of the Peace of the County to Summon and firmly Injoyn in the Kings Name all the foresaid Arch-Bishops Bishops Barons and all others which ought the King Military Service by the Faith and Homage in which they were bound to him and as they loved themselves their Lands and Tenements to come to him not only with the Service they ought him and were bound by Tenure to perform but with other Horse and Arms or send them and with as many Choice Foot as they could raise that by their help he might Effectually resist the Danger Nor was any man to Excuse his non-appearance upon the shortness of time That it was not a reasonable space for Summons because the present necessity would not allow a longer and therefore it should not be drawn into Custom for the Future to the Prejudice of any Man Furthermore he Commanded the Sheriff to cause to come at the same Day eight six or four of the best and most stout Foot-men from every Town according to the bigness of it with competent Arms that is to say with Lances Bows and Arrows Swords Darts or Hand-slings Bills or Hatchets which were to have their Expences allowed upon the Common Charge for forty Days And that he should send from Cities Castles and Burghs a proportionable number of Men as well Horse as Foot according to their Bigness and Abilities Nor was any Man to pretend or plead That Harvest was then to begin or any other Family or Domestick Imployment as a Let or Hindrance seeing it was more safe and better for a Man with the Security of his Person to be somewhat Damnified in his Goods than with a total Destruction of his Lands and Goods by the Impious Hands of those who thirsted after his Bloud to wit the Kings and if they could prevail would spare neither Age nor Sex but Deliver them to the Tortures of a Cruel Death Therefore this Command of the King the Sheriffs were to publish and give notice to every one That as they loved the Honour of him and the Nation and their own lives and as they would avoid the perpetual Disinheritance of themselves and Heirs they should hasten to prepare themselves as powerfully as they could so as they might be at the place and time aforesaid letting them know That if he should find any Contemners of his Command or any that should be negligent or remiss in the performance of it that he would seize their Persons and Goods as of those that would not preserve him and his Kingdom from confusion and perpetual Disinheritance This Declaration and Command was dated at St. Pauls London on the sixth of July On the Ninth of July [8] Pat. 48 Hen. 3. M. 11. Dors. he sent his Writ to the Good best or stout Men probis hominibus of Len Yarmouth Donwich Oxford Ioswich and all other Cities Burghs and Towns upon the Coast of Norfolk and Suffolk to be obedient to the Directions of Hugh le D'espenser his Justiciary in securing the Coasts of those Counties whom he had sent to them to that purpose The Earl of Leicester would be thought a strict observer of the Kings Commands that others might really be so and therefore obteined the Kings [9] Append n. 218. Montfort rides with a Body of Horse about the Kingdom Licence to Ride with a Body of Armed Horse about the Kingdom when he had prohibited all others to do it by reason of the Hostages and Prisoners he carryed about with him This License is Dated at St. Pauls London July 16th The Forces to be raised against the Invasion of Foreigners came not in such numbers as was expected and therefore the King on the ninth of August [1] Pat. 48 Hen. 3. M. 7. Dors. The King hastens the March of the new raised Forces wrote to the Sheriff of Cambridge and Huntington Shires to make Proclamation That all which were Commanded to be at London on Sunday next after the first of August with their Horse and Arms and other Force c. should march thither in all hast both night and day under pain of losing all their Lands Tenements and Goods and Danger of Life and Limbs And if within three or four days after Proclamation made they did not March then he was to take and detein them in Prison until further Order and out of the profit of their Lands Tenements and Goods to send as many Armed Men as they would maintein People being wearied with Watching Guarding The People wearied out with watching and guarding the Coasts and securing the Coasts in Norfolk Suffolk and Essex against Foreigners designed to go to their own Homes pretending they had been there forty days and would stay no longer The King had notice of their Intentions and on the seventh of September [2] Pat. 48 Hen. 3. M. 5. Dors. wrote to all that were assembled for that purpose in those Counties That for several things that might happen and by reason of some News he had heard it was necessary for them to stay longer upon the Coast and commanded them by the Faith in which they were obliged to him and in pain of losing all they had in the Kingdom they for his their own They are commanded by the King to stay to keep out Strangers and the Defence of the Kingdom against Strangers should stay there and not depart until they received his License And commanded the Sheriffs to provide Money from the County for such as were not able to bear their own Charges unto eight days after the Nativity of our Virgin Mary that is September the eight or longer if need should be And also commanded the Sheriffs to seize all the Lands Tenements Goods and Chattels of such as were summoned and appeared not
nor sent and of all such as depart without his Licence and keep them safe until further Order On the 24th of September the King [3] Pat. 48 Hen. 3. M. 3. Dors. wrote to the Sheriff of Oxford and Buckingham Shires to Command and Injoyn all Knights and Free-tenants in his Bailywic that were able to bear Arms and had Lands to the value of an Hundred Shillings or Ten Pounds a year under the penalty of losing all the Lands and Tenements they held in the Kingdom that they should come to him in their proper Persons with Horse and Arms where-ever he was in England in all haste to oppose the Strangers that were to come from beyond Sea who were to be furnished with Money for their Expences in the Army until Three Weeks after Michaelmass and the Sheriffs were to provide for the Expences of such as were not Able by taxing the County and also for the Expences of the Foot Matthew Westminster [4] f. 385. n. 10. What the King of France thought of the English says That almost all France as far as the Alps by the Instigation of the King of France Peter Earl of Savoy Boniface Arch-Bishop of Canterbury and the Elect of Lyons and other of the Queens Relations was in great Indignation with the English that behaved themselves Seditiously toward and Traiterously opposed their King which might raise a Suspicion in them of the Inclinations and willingness of those People to Assist the King but speaks not of any Shipping provided or Forces raised there to reduce them to Obedience Though the [5] Paris f. 996. n. 40 50. A. D. 1265. 49th Hen. 3. King was in the Custody of the Earl of Leicester and under his Power Richard King of Almain Prisoner in the Tower and their two Eldest Sons Prisoners and Hostages in Dover Castle Some Loyal Barons take up Arms against Montfort Yet there remained in the Marches of Wales several Stout and Loyal Barons Roger Mortimer Iames Audley Roger de Leyburn Roger de Clifford Hamo L'estrange Hugh Turbervile and many others being much troubled at the Usage of the King and Prince with one Consent took Arms against the Earl of Leicester They brake down the Bridges upon the River Severn and secured themselves in the Borders of Wales on the West side of it To Reduce these [6] Mat. Westm f. 389. n. 40 50. Montfort carries the King with him to oppose them Assumpsit secum Regem Henricum quem habuit adeo acclivem c. Montfort carried with him the obsequious King made so by Threats and marched with a great Army to Worcester And having his Fast Friend Leolin Prince of Wales to come upon the back of them they were forced to make a Peace on Condition they should leave the Nation for a year and deliver up their Castles to Leicester The Barons constreined to deliver up their Castles to him To which Terms they the more readily consented that Prince Edward might be freed of his Imprisonment by this Means Leicester became possessed of almost all the Castles upon the Marches from Bristol to Chester which City and Castle with the Earldom and Honour and the Appurtenances Prince Edward granted to him [7] Pat. 49 Hen. 3. M. 6. He made a plentiful provision for himself and Family under pretence of an Exchange before his Liberty could be Treated of which Grant was Confirmed by the King on the 20th of March following and also the [8] Cart 49 Hen. 3. M. 4. Castle and Honour of Peâ— the Castle and Town of Newcastle Underline in Staffordshire were then granted with them to him and his Heirs And now all things being quiet in the [9] Mat. Westm f. 390. lin 7. Marches of Wales the King went toward Woodstock to keep his Christmass there And the Earl Fortune favouring him in all things he had contrived celebrated the same [1] Ibid lin 9. He Governs and Orders every thing in the Kingdom Feast at his Castle of Kenelworth At this time all England but the utmost North Parts of it which as yet held out against him by the Instigation of the King of Scots and John Baliol was subject to him [2] Ibid n. 10. The King only as a Shadow and always under a Guard all things were ordered by him all the Kings Castles were put into his hands Nor was the King that had now Reigned near fifty years any more than a Shadow so that he could not walk in his own Land without a Keeper and Guard and under the total Disposition of some other person And his [3] Ibid. f. 394. n. 30. Who were his Keepers Keepers usually were Montfort's Sons Hugh D'espenser and John Fitz-John the Earl of Glocester being excluded from the Custody of him whom they only feared as able to break this Confederacy They divide the Kings Castles and Forts among themselves All the Kings Castles and strong Forts of the Kingdom they divided amongst themselves and made the Kings capital Enemies Officers of his House There was also at this time much Discourse of [4] Ibid. n 40. Prince Edward purchaseth his Liberty Releasing Prince Edward which had continued almost a year until he had given him for his Liberty of being a Prisoner only at large the Earldom of Chester And for this [5] The Writ of Summons Cause chiefly and to Treat of some other Difficult Matters of the Kingdom was the famous Parlement of the 49th of this King called the first [a] Though the Keepers of the Peace in each County had Writs directed to them to send four Knigâ—tâ— to that Convention called a Parlement in June 48th of this King yet that was not a Parlement according to this Method and the Usage afterward for there was neither Citizens nor Burgesses nor any to Represent the Chapter of Cathedral Churches or the Ordinary Clergy and without doubt these four were of the Number of the small Barons or Tenants or Community in Capite and called to Represent them to give the more Credit to the Traiterous Ordinance then made Pattern of our Parlement since that time or from the eighteenth of Edward the First For the History whereof how it was summoned why called and the old way of Parlements at this time changed I refer the Reader to my Answer to Mr. Petyts Book of the Rights of the Commons asserted in my Introduction to the Old English History from fol. 136. F. to fol. 143. D. But Prince Edwards Release could not be agreed upon in this Parlement whatever other Business might be dispatch'd for there was another Treaty about it with the Great Men upon [6] Pat. 49 Hen. 3. n. 100. Thursday the morrow of Ash-Wednesday and the Discharge from the King to Henry Montfort his Keeper for the [7] Append. 219. Prince Edward still a Prisoner at large Receipt of his Body bears Date 10th of March and when he was released out of Dover Castle he
recover it self Secondly They required the Churches might be [6] Paris ut supra Taxed by Lay-men according to the just and true value They answered It was not reasonable but contrary to Justice that Lay-men should meddle with Collecting of Tenths nor would they ever consent to a new way of Taxing but that the old should stand Thirdly That the Bishops and Abbats would pay the Tenths of their Baronies and Lay-fees fully according to the true and highest value To this they answered They were impoverished by [7] Ibid. f. 1003. lin 1. Depredations and Plundering That they followed the King in his Expeditions and spent so much Money that they were grown very poor and their Lands lay Vntilled by Reason of the War Fourthly They required that all Clercs [8] Ibid. n. 10. holding Baronies or Lay-Fee should go armed in their own Persons against the Kings Enemies or find so much Service Tantum Servitium as belong to their Land or Tenement To this they answered They ought not to fight with the Material but Spiritual Sword to wit with Prayers and Tears And that by their Benefices or Fees they were bound to maintain Peace not War And that they held their Barony in Frank-Almoign in puris Eleemosynis in pure Alms and therefore ought no Military Service but what was certain and would not perform any that was new Fifthly They required on the behalf of the [9] Ibid. n. 20. Pope That with all speed the Expedition of the Cross might be Preached through the whole Kingdom To this they answered That a great part of the People had been killed in War and that if now they should undertake the Crusado few or none would be left to defend the Nation At last it was said that the [1] Ibid. Prelates Will they Nill they were bound to comply with all these Demands by the Oath they had taken at Coventry that they would assist the King by all means they might or could To this they answered That when they made that Oath they only meant it of Spiritual help and wholesome Counsel Quando Juramentum fecerunt non intelligebant de alio Auxilio quam spirituali Consilioque salubri What was done further in Parlement I find not there was then no attempt made against the Disinherited within the Isle of Ely only they were [2] Mat. West f. 198. n. 20. restrained from making Excursions by the Forces the King had with him at Cambridge In the mean while the [3] Ibid. n. â—0 40. The Earl of Glocester enters London with a great Army He sent to the Legat to deliver up the Tower to him Earl of Glocester came with a great Army out of Wales to London and pretending to serve the King by the help of the Citizens that were his Friends entred the City and sent to the Legat to Deliver the Tower to him forthwith and prohibited all people to send in any Provision or Victuals to him The Rabble of the Cities and Country near it joyned with him they Plundered and spoyled what Citizens they pleased that they thought were not or they would not have their friends wasted the Countries and Robbed and Pillaged by Water and Land The King when first he heard of his preparations sent into the North and other parts for Recruits and his Son [4] Ibid. f. 399. lin 4. The King raises an Army to reduce him Edward brought from thence and from Scotland to his Father at Cambridge 30000 Men with which leaving a sufficient Guard there against the Disinherited in the Isle of Ely they marched to Windsor where their Army Dayly increased [5] Ibid. lin 6 7 8. The Earl with his Company in London began to fear the King and sent a Message to him for Peace upon their own Propositions which they could not obtain Then they Challenged and provoked the King to a Battel upon Hundeslawe now Hundsâ—o Heath Next Day the King Marched thither but found no Enemy From thence the King Marched to [6] Ibid. n. 10. Stratford where came to him the Earls of Bolongn and St. Paul out of France with 200 Knights and their Retinue the Gascoins likewise with many great Ships furnished with all sorts of Warlike Naval Arms fit for fight arrived near the Tower expecting the Kings Command [7] Ibid. n. 20 The Earl seeing he could not get the Tower out of the Legats Hands and that his Army was like to be shut up in the City applyed himself to Richard King of Almain and Philip Basset [8] Pat. 51. Hen. 3. M. 16. n. 49. De pace inter Regem G. Com. Gloucestr He sues for peace and pardon and obtains it for himself and his followers who made his Peace with the King he resolving to believe whatsoever they should say of or for him By which Peace he and all his Retinue and the Company with him the Londoners likewise and all his favorers were [9] Ibid. Pardoned for all Deeds done from his first motion out of Wales as well by Water as by Land in the City and without and in divers Counties which Pardon was not to Extend to the Disinherited that were not in the Kings Peace the Day the Earl began to March from Wales toward London And that the King might be assured he never should make War against him afterward he [1] Ibid. What securâ—ty he gave tâ— King for his future behaâ—viour offered his Oath his Chart Pleges and the penalty of 10000 Marks for security This Accord bears Date at Stratford June the 15 th the 51 st year of this Kings Reign and the Pardon June 16 th From the beginning of April when he set forth from Wales to this time he had been harrassing of the Countries where-ever he came and the City during his being there The King seeing he could not prevail with the Bishops and other Prelates to assist him with Mony in his very great Necessity The Bishops refuse to asâ— the King wiâ— Mony applyed himself to the Pope who by his [2] Cart. 5 Hen. 3. M. 1 in Câ—dula Bull wherein he recites all the affronts and injuries done to the King Queen and Prince by the Barons and the Miseries that befel them and the whole Kingdom and Church by those Wars with the Kings Extream want of Monies and Debts by reason thereof and the necessity of supplying him for the better support and defence of his Kingdom the Churches and his Peoples Liberties Especially by the Clergy The Pope granteth the King a tenth of all Ecclesitastic Revenâ—nues for thrâ— years who had received such Bountiful Gifts and Endowments from him and his Ancestors Granted the Tenth part of the Profits and Rents of all Arch-Bishopricks Monasteries and all Ecclesiastical persons whatsoever as well Regular as Secular Exempt as not Exempt in England Wales and Ireland for three years according to the true and highest value notwithstanding all former Bulls and Exemptions to the contrary This
quot bobus et averiis singulae carucae valeant instaurari et quot et quantum instauramentum singula maneria possit sustinere et tunc aperte et distincte in scriptum redigantur Erit autem pretium bovis 4 Solidi et vaccae similiter et averi similiter ovis crispae 10 Denarii et ovis lanae grossioris 6 Denarii et suis 12 Denarii et verris 12 Denarii et cum firmarii firmas suas dimiserint de praedicto pretio respondebunt vel de animalibus pacavilibus in optione firmariorum et cum omnia praedicta instaurata fuerint et appretiata omnia imbrevientur apertâ— et distincte et deferantur ad Scaccarium Excipiuntur autem de hac assisa Episcopatus et Abbatiae et terrae Baronum qui proximi sunt aetati Inquiratur etiam per Sacramentum praedictorum de omnibus Wardis et exchaetis quae non sunt in manu Domini Regis et capiantur in manu Domini Regis et de illis fiat sicut de aliis exchaetis et Wardis In the Month of September â— 1194. the King sent Itinerant Justices through all the Counties of England who were to proceed in doing Justice according to the under-written Heads or Articles The Form of Proceeding in Pleas of the Crown FIrst Four Knights are to be chosen of the whole County which upon their Oath shall choose Two Legal Knights of every Hundred or Wapentach and those Two shall choose upon their Oaths Ten Knights in every Hundred or Wapentach and if there be not Knights enough Lawful and Free-men so as those Twelve together may answer to all the Articles which concern that Hundred or Wapentach Articles of Pleas of the Crown THe Justices shall inquire and determine New and Old Pleas of the Crown and all such as were not determined before the Kings Justices Also of all Pleas of In those â—as the Verâ—ct was called Recognition â—d the Jurors â—ecognitors Novel Diseisins and all Pleas which were summoned or brought before the Justices by the Writ of the King or Chief Justice or sent before them from the Kings Capital Court Also concerning They are â—nds or Proâ—s that fall to â—e King or â—ord of a Manâ—er by Forâ—iture or â—eath of a Teâ—ant without â—eirs Escheats what they were and had been since the Kings Expedition to Jerusalem and what were then in the Kings Hands and whether they are now in the Kings Hands or not If they were taken out of his Hands how and by whom and to whose Hands they came and in what manner And who receives the Issues and Profits of them and what the Profits are and what was and now is their value and if there be any Escheat which belongs to the King and is not in his possession Also of Churches which were in the Kings Gift Also of Wardships of Children and Young Men that belong to the King Also of the Marriages of Maidens and Widows that belong to the King Also of Malefactors their Receivers and Incouragers Also of Falsonars such as forged and counterfeited false Charts and Writings Also of the Killers of Jews who they were and of the Pawns of the Jews that were slain of their Goods Lands Debts and Charts who had them in their possession and what their value The Pawns and Debts of the Jews to be taken into the Kings Hands and those that were present at the Killing or Murthering of the Jews and have not made Fine or Composition with the King or his Justices let them be taken and not delivered but by the King or his Justices Also of all Ayds given for the Redemption of the King who and how much every one promised how much paid and how much in Arrear Also of the Favourers or Abettors of Earl John who have made Composition with the King and who not Also of the Goods and Chattels of Earl Iohn and his Favourers which are not yet converted to the Kings use how much the Sheriffs and their Bayliffs have received and whether any one hath bribed them contrary to the Antient Customs of the Kingdom Also of all the Lands of Earl Iohn such as he had in his own Hands his Wardships and Escheats of such as had been given him and for what cause they were given him all to be taken into the Kings Hands unless such as the King confirmed to him Also of the Debts and Fines due to Earl Iohn and for what cause due They were all to be required for the Kings use Also of Vsurers that were dead and their Goods Also of Wines sold contrary to the Assise and of False Measures of Wines and other things Also of such as undertook the Crusado and died before they set forward toward Jerusalem who had their Chattels what and how much Also of So called from the Tryal of Right which was the greatest Tryal and was brought into Court by a Writ of Right by which the Jurors were directed to discover who had more right to the Land in question whether the Demandant or the Tenant and Possessor Great Assises which were of Land worth an Hundred Shillings a year and under Also of Defaults that is non-appearances in Court chiefly at a day assigned Furthermore they were to choose or see there should be chosen Three Knights and one Clerc in every County who were to note and set down or hold the Pleas of the Crown and no Sheriff was to be a Justitiary in his own County nor in any County he held since the first Coronation of the King Furthermore all Cities Burghs and the Kings Demeasns were to be Taxed by the Iustices Itinerant The Justices The Itinerant Justices were named I suppose though omitted by the Historian named together with the Bayliffs of William of the Church of Saint Mary and Geofry Fitz-Peter and William de Chimelli William Bruer and These were Commissioners for the Management of the Kings Wardships and Escheats undoubtedly in the Iter assigned to these Justices or perhaps all over England Hugh Bardolf and the Sheriffs of the Places should cause the Knights in the County named in a Roll to be summoned that they come at the day and to the place they shall have notice of to swear before them That they would use their utmost lawful endeavour to stock all the Kings Ward-Lands and Escheats and improve them to the Kings best profit and not omit for the hatred fear or favour of any Man And the Knights named in the Roll were to choose upon their Oaths Twelve Lawful Knights or Lawful and Legal Free-men if Knights were not to be found in several parts of the Counties in the Iter of the foresaid Justices as they should think fit who in like manner were to swear That they would Apply their utmost lawful Endeavour Counsel and Help to stock improve and let to Farm the Kings Ward Lands and Escheats in those parts to the profit of the King as aforesaid And the said Jurats or sworn Persons were
upon their Oaths to choose of the best Free-men residing upon the Escheat or ward-Ward-Lands so many and such as they thought fit for their purpose to manage the Kings Business as it might best be done for his profit And they were directed to In these times and two or three hundreds of years afterward the King but especially the Bishops Abbats and Temporal Nobility and Knights kept much and many of their Maners and Lands in their own Hands and stocked and managed them by a Praepositus and Servants and sometimes let them to Farm stocked stock the Ward-Lands and Escheats with the Issues and Profits of them until Michaelmass and if that was not sufficient what Wanted was to be supplyed out of the Kings Tolls so that they which took to farm those Ward-lands and Escheats were to answer for them from Michaelmass as Stocked And the King would Warrant to such as held them in farm those Ward-Lands and Escheats from year to year during their Term. So that altho the King gave any of them to any one yet the Farmer should hold his farm until the end of the year paying what should be due from the King but the Justice as Royalties Forfeitures c. which happened upon the Escheat the King Granted were to remain to the King unless the King granted them particularly and by name that is by express words The Farmer when he leaves his farm shall take of all his own stock he set upon it besides the Kings stock freely without Diminution and they shall have the letters patents of the Arch-Bishop as chief Justice conteining the Tenor of the Kings Chart made concerning this matter They were to inquire what was the Rent of This was such as are now called White or Quit-Rents Assise or Constant Rent in every Maner of the Kings Demesns and the value of all things upon those Maners and how many Ploughlands or Caracates they conteined and what their value non-estimating them at 20 s. only the Plough-land but more or less according as the land was better or Worse Those that took farms might stock them with the Profits of the Lands as aforesaid They were also to inquire how many Oxen and Horses ought to be kept for the Tilling of every plough-land and what stock every Maner would maintein and clearly and distinctly to put them in Writing A Plough-Ox was then valued at 4 s. a Cow and Plough-Horse at the same Rate a Sheep with fine Wool at 10 d. and with course Wooll 6 d. a Sow at 12 d. and a Boar at 12 d. and when the Farmers left their farms they were to pay so much money or leave so many Saleable-Beasts at their choice and when all the Ward-lands and Escheats were Stocked improved and valued they were to be inventoried clearly and Distinctly and the Inventory carried into the Exchequer Bishoprics Abbacy's and the Lands of Barons near Age were excepted out of this Constitution They were to inquire by the Oaths of the persons aforesaid of all Wards and Escheats that were not in the Kings Hands that they might be taken into his possession and ordered as the others Capitula placitorum Coronae Regis Hoved. f. 445. b. n. 10. DE placitis Coronae novis veteribus quae non sunt finita coram N. 78 Justiciis Domini Regis De omnibus assisis De morte antecessorum De nova dissaisina De magnis assisis usque ad 10 libratas terrae infra Et de advocationibus Ecclesiarum capientur coram iis electiones magnae assisae per mandatum Domini Regis vel ejus capitalis Justitiae De Ecclesiis vacantibus vel non vacantibus quae fuerunt de donatione Domini Regis quis eas donaverit vel quis eas habeat per quem quantum valent De excaetis Domini Regis eorum valentiis quis eos habeat per quem De dominabus de valectis puellis quae sunt vel esse debent in donatione Domini Regis de valentiis terrarum suarum si quis eorum vel earum sit maritaetus inquiratur cui per quem a quo tempore Inquirendum est etiam quae viduae non sinierunt pro se maritandis finis capiatur ad opus Domini Regis De Sergentariis Domini Regis quis eas habet per quem quantum valent qui finem non fecerunt ad auxilium Domini Regis qui fecerunt finis capiatur De usuris Christianorum eorum catallis qui sunt mortui De illis sunt in misericordia Regis non admerciati De praepresturis Domini Regis De viis Domini Regis estreciatis De thesauris inventis De malefactoribus eorum receptoribus De fugitivis retatis reversis post ultimaâ— assisam De omnibus ponderibus mensuris ulnis renovatis si quatuor homines qui sunt attornati ad haec custodienda in unaquaque villa fecerint quod inde statutum est si attachiaverint transgressores illius assisae si non attachiaverunt prout debent puniantur sicut ipsi transgressores Totum vinum illius qui vendidit contra assisam capietur ad opus Domini Regis praeterea Dominus Vini venditores sint in misericordia Regis Inquirendum est per omnes Comitatus de hidis carucatis si Justitiarii qui ad haec attornati fuerunt se bene habuerint si de omnibus receperunt si aliqua concelaverunt De custodibus portuum maris si quid receperunt quod non reddiderunt si mercedem aliquam receperunt pro jure Regis retinendo si quis aliquid receperit qui non fuerit ad hoc attornatus Inquirendum est si omnes venerint ad summonitiones Justitiarum Domini Regis sicut venire debent si quis sit qui non venerit quis ille fuerit qualiter nominatus fuerit Assisa Domini Regis de Forestis HAec est assisa Domini Regis haec sunt praecepta de Forestis suis in Anglia facta per assensum Consilium Archiepisc Episcoporum Abbatum Comitum Baronum Militum totius regni sui Dominus Rex primum defendit quod si aliquis ei forisfaciat de venatione sua vel de forestis suis in aliqua re non vult quod confidant in hoc quod habuit misericordiam de illis per eorum catalla hucusque qui ei forisfecerint de venatione sua de Forestis suis Nam si qui a modo ei forisfecerint inde inde convicti fuerint plenariam vult de illis Justitiam fieri qualis facta fuit tempore Henrici avi patris Domini Regis viz. ut amittant oculos testiculos Item Dominus Rex defendit quod nullus habeat arcus vel sagittas neque canes neque leporarios in forestis suis nisi habeat ipsum Regem