virorum Willielmi Mareschalli Comitis Penbroc W. Comitis Saresberiensis Willielmi Comitis Warrennae Willielmi Comitis Arund l Alani de Galeweia Constabularii Scotiae Warin filii Gerardi Petri filii Hereberti Huberti de â—urgo Seneschalli Pictaviae Hugonis de Novilla Matthaei filii Hereberti Thomae Basset Alani Basset Philippi de Albeni Roberti de Ropesle Johannis Marescalli Johannis filii Hugonis aliorum fidelium nostrorum in primis concâ—ssisse Deo hac praesenti Charta nostra confirmasse pro nâ—bis haeredibus nostris in perpetuum JOHN By the Grace of God King of England c. To the Archbishops Bishops c. Know ye That We in the presence or for the sake of God and for the Health of our Soul and the Souls of all my Antecessors and Heirs and to the Honour of God and the Exaltation of Holy Church and Amendment of our Kingdom by advice of our Venerable Fathers Stephan Archbishop of Canturbury Primat of all England and Cardinal of the Holy Roman Church Henry Archbishop of Dublin William Bishop of London Peter of Winchester Jocelin of Bathe and Glastonbury Hugh of Lincoln Walter of Worcester William of Coventry Benedict of Rochester Bishops And Master Pandulph the Popes Sub-Deacon and ancient Servant Brother of the Master of the Temple of England and the Noble Persons VVilliam Mareschal or Marshal Earl of Pembroke VVilliam Earl of Salisbury VVilliam Earl of VVarren VVilliam Earl of Arundel Alan de Galewey Constable of Scotland VVarin Fitz-Gerard Peter Fitz-Herebert and Hugo de Burgh Senescal or Steward of Poictou Hugh de Nevâ—l Matthew Fitz-Herebert Thomas Basset Alan Basset Philip de Albeney Robert de Ropesle Iohn Marshal Iohn Fitz-Hugh and others our Feudataries or Liegemen Have first of all Granted to God and by this our present Charter Confirmed for Vs and our Heirs for ever I. Quod Anglicana Ecclesia libera sit habeat jura sua integra suas libertates illaesas ita volumus observari quod apparet ex eo quod libertatem electionum quae maxima magis necessaria reputatur Ecclesiae Anglicanae mera spontanea voluntate ante discordiam inter nos Barones nostros manifeste motam concessimus charta nostra confirmavimus eam obtinuimus a domino Papa Innocentio Papa tertio confirmari quam nos observabimus ab haeredibus nostris in perpetuum bona fide volumus observari That the English Church shall be free and enjoy her whole Rights and her Liberties unhurt and we will have them so observed as it may appear That the Freedom of Elections which was reputed most necessary for the English Church which we Granted and Confirmed by our Chart and obteined the Confirmation of it from Pope Innocent the Third before the Discord between Vs and our Barons was of our meer Free Will Which Chart of Freedom we shall Observe and do will it to be faithfully observed by our Heirs for ever II. Concessimus etiam omnibus liberis hominibus nostris Regni Angliae pro nobis haeredibus nostris in perpetuum omnes libertates subscriptas habendas tenendas eis haeredibus suis de nobis haeredibus nostris We have also Granted to all our Freemen of the Kingdom of England for Vs and our Heirs for ever All the underwritten Liberties to Have and to Hold to them and their Heirs of Vs and Our Heirs III. Si quis Comitum vel Baronum nostrorum sive aliorum tenentium de nobis in capite per servitium militare mortuus fuerit cum decesserit haeres suus plenae aetatis fuerit relevium debeat habeat haereditatem suam per antiquum relevium scilicet haeres vel haeredes Comitis de Baronia Comitis integra per centum libras haeres vel haeredes Baronis de Baronia integra centum marcas haeres vel haeredes mâ—litis de feudo militis integro pâ—r centum solidos ad plus qui minus debuerit minus det secundum antiquam consuetudinem feudorum If any of our Earls or Barons or others which hold of us in Chief by Military Service shall die and at the time of his Death his Heir shall be of Full Age and owes a Relief He shall have his Inheritance or Estate by the Antient Relief That is to say the Heir or Heirs of an Earl for a whole Earls Barony an Hundred Pounds The Heir or Heirs of a Baron for a whole Barony an Hundred Marks The Heir or Heirs of a Knight for a whole Knights Fee an Hundred Shillings and he that oweth less shall give less according to the Antient Custom of Fees IV. Si autem alicujus haeres talium fuerit infra aetatem fuerit in custodia dominus ejus non habeat custodiam ejus nec terrae suae antequam homagium ejus ceperit postquam talis haeres fuerit in custodia ad aetatem pervenerit scilicet viginti unius anni habeat haereditatem suam sine relevio sine fine ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra remaneat in custodia Dominorum suorum usque ad terminum praedictum But if the Heir of any such shall be under Age and shall be in Ward his Lord may not have the Wardship of him nor his Land before he hath received his Homage And after such Heir shall be in Ward and shall attein to the Age of one and twenty years he shall have his Inheritance without Relief or without Fine Yet so that if he be made a Knight while he is under Age nevertheless the Land shall remain in the Custody or Guardianship of their Lords until the foresaid time V. Custos terrae hujusmodi haeredis qui infra aetatem fuerit non capiat de terra haeredis nisi rationabiles exitus rationabiles consuetudines rationabilia servitia hac sine destructione vasto hominum vel rerum Et si nos commiserimus custodiam alicui talis terrae Vicecomiti vel alicui alii qui de exitibus terrae illius nobis debent respondere ille destructionem de custodia fecerit vel vastum nos ab illo capiemus emendam terra committatur duobus Legalibus discretis hominibus de feudo illo qui similiter nobis respondeant sicut praedictum est The Warden or Guardian of the Land of such Heir which shall be under Age shall take of the Land of the Heir only reasonable Issues or Profits reasonable Customs and reasonable Services and these without the Destruction or Waste of the Tenents or things upon the Estate And if we shall Commit the Guardianship of those Lands to the Sheriff or any other which ought to answer to us for the Issues or Profits of the Land and he shall make Destruction and Waste upon the Ward-Lands we will force him to give Satisfaction and the Land shall be committed to lawful and discreet
six years and behaved himself Nobly both in Peace and War Malms l. 2. c. 7. He finished his days by a sad accident for Feasting with his Nobles on St. Augustin's day at Puckle-kerke in Glocestershire to celebrate the Memory of his first converting the Saxons he discovered Leof a noted Thief whom he had banished sitting among his Guests at which being much moved rising from the Table he ran to him and laying hold of his Hair he pulled him to the ground and while they were struggling He is killed by a Thief the Thief privately drew out a Dagger with which he mortally wounded the King in the Breast so as he died presently the Company immediately fell upon the Murtherer and cut him in pieces the King's body was carried to Glastonbury and there magnificently buried Edred A. D. 946. Ibidem He subdues the Northumbrians and makes the Scots swear Fealty After him Edred third Brother of Athelstan in the Nonage of Edmund's Sons took upon him the Government He subdued the Northumbrians and made the Scots of such a pliant Temper as they swore to do whatever he would have them he imprisoned Wulstan Archbishop of York upon suspition of having connived at the Revolt of his Country-men but having respect to his Dignity and Office he released him A. D. 955. in the flower of his Age he sickned and died after he had been King about ten years He confirmed to the Monastery of Crowland their Lands by Charter and granted many Priviledges to it Ingulph Fol. 498. b. A. D. 948. under the Penalty of 100 l. to be paid to his Treasury and Damages and Costs whatsoever the Monks should sustain by any Infringer of them to be taxed by the Oaths of four or five honest men before the King's Judges Edwin A. D. 955. Flor. Wigor fol. He rejects Monks and brings into Monasteries Secular Priests A. D. 957. Mercia and Northumberland choose Edgar for their K. The next after him was Edwin Son to King Edmund a dissolute Prince of whom there is little memorable only that he was prompted to it by the Council of his Harlot Algiva he ejected the Monks and brought in Seculars into Monasteries he was so displeasing to the People that the Mercians and Northumbrians chose his Brother Edgar for the King and the same year Edwin died In all the Reign of Edgar there was no Wars Edgar A. D. 959. the Saxons cheerfully obeying him in all his Dominions and being very kind and favourable to the Danes they gave him no disturbance he recalled Dunstan from Banishment and in a severe Oration to the Clergy Spelm. con 77. He reproves the Lives of the Clergy Edgar's Speech to the Clergy M. S. Commits the Reformation of them to three Bishops he perstringes the Lives of the Seculars tells them of their impudent Whoreing Diceing Singing and Roaring Drinking Excess in Apparel Luxury in Diet Dogs and Hawks Sports Pastimes and idle Living and in fine commits the care of their Reformation to Dunstan Archbishop of Canterbury Athelwold Bishop of Winchester and Oswold Bishop of Worcester with order that by his Regular Authority and their Episcopal Censures the filthy Livers by which he meant the Seculars might be ejected and regular men by which he meant the Monks restored to their Monasteries his Government was attended with Peace Honour and Prosperity from whence he acquired the Title of Peaceable as he might also have done that of Just His great love to Justice for in his Circuits and Progresses through the Country he did take a special account of the Demeanor of his Ministers and Judges Malms l. 2. c. 8. so that the greatest Persons could not elude the Law or the poorest want the benefit of it To repress Drunkenness which the Danes had brought in Ibidem He restrains excess in Drinking he caused Silver or Gold Pins to be fixed to the sides of their Pots or Cups beyond which they should not drink themselves nor force others to drink With the Vices of the times he also extirpated the wild Beasts imposing upon Ludwal King of Wales Ibidem He injoyns the Welch a Tribute of Wolves a yearly Tribute of three hundred Wolves which so totally destroyed them in three years that the fourth there was none to be found He was very careful in guarding the Coasts with several stupendious and great Navies if we may credit Matt. of Westminster who says they were 4800 Ships divided into four Squadrons A. D. 975. His Fleets consisted of 4800 Ships Ibidem whereof 1200 appointed to each Quarter of the Island meeting each other as they sailed to and fro in Summer time he himself was in the Fleet. By this means he preserved his Country from the danger of forreign Invasion At Chester from his Palace to St. John's Church and from thence to his Palace he was rowed by eight Petty Kings while himself sat at the Helm they all swearing Fealty to him Flor. Wigor A. D. 937. Eight Kings swear Fidelity to him His inordinate and indiscreet Lust and that they would assist him by Sea and Land notwithstanding these great just and honourable Performances he wanted not his Vices yielding too much to his inordinate Lust giving that Tyrant Passion too great a Dominion over his Reason his Prudence and Discretion being overborn by that torrent which together with the due wariness and circumspection which ought to attend the Actions of Princes were all absorpt in that lascivious Gulph for the great and indiscreet Liberty he gave himself this way but especially for forcing of a Nun Lib. 2. c. 8. Dunstan injoyns him seven years Pennance c. as Malmsbury reports Archbishop Dunstan severely reproved him and injoyned him seven years Pennance with strict Fastings and Abstinence also that he should reform the Lives of the Clergy build Monasteries make good Laws and see them executed and do many Alms-deeds which when he had finished Spel. con fol. 482. with his seven years Pennance Dunstan in a full Assembly of all the Nobility and Bishops set the Crown upon his head which he had commanded him not to wear the time of his Pennance Edgar A. D. 975. all this was done with the applause of this great Assembly to the praise of God and St. Dunstan He died having reigned sixteen years He built and repaired 47 Monasteries in which time he built and repaired seven and forty Monasteries and intended to have made them up fifty if he had lived This in all probability was a great occasion of the Danes conquering England for by this means he exhausted his Treasure or ready Money and gave away a great part of his Lands for the future maintenance of the Monks who refused his Son Ethelred assistance according to his necessity Spel. con 444. And so forward With the concurrence of his great Council he ordained many Laws Ecclesiastick and Temporal amongst which there was one for the
sent his Letters all over the Country that privately on St. Brice his day at night which was the thirteenth of November the Danes should be (n) This Massacre seems suspitious for that the Danes being dispersed all over the Nation and that it must be a business of time to give every place notice of the Design 't is scarce conceivable it could be carried on with so great secresie required to such an universal Surprize besides the Reporters of it agree not in the time or manner Hen. of Huntington says it was in the year 1002. when the Danes lived peaceably and quietly in the Nation Matt. of Westminster affirms it to be done in the year 1012. by the advice of Huna King Ethelred's General upon the Insolent behaviour of the Danes after Peace made with them Hoveden agrees with Huntingdon in the year and says that King Ethelred not long after he had made Peace with them commanded that all the Danes great and small of both Sexes inhabiting England should be killed because they sought the Dominion of the whole Kingdom and would have deprived him and his Nobility of their Lives If there was any such Massacre it seems rather to have been done in the day time by Assemblies of the People called together under pretence of Muster or some other publick business which might be an unsuspected cause of their meeting Edric Ib. A. D. 107. Hoveden Anno codem Malmsbur l. 2. c. 10. What he was His abominable Treason massacred Hen. Hunt fol. 206. a. n. 50. A. D. 1002. Who says in his Youth he received ' this Story from very antient People which was attempted and they were all killed and destroyed accordingly In this Massacre amongst the rest Lady Gunhild Sister to Swane King of Danemarke who after she came hither received Christianity with her Husband Palingus and was pledge for the Danes observing the Peace was by the fury of (o) One whom Ethelred had from mean degree advanced to be Earl or Duke of Mercia and given him in Marriage his Daughter Edgith he was called Sheen from his unsatisfied Avarice he was vastly Rich not by Nobility or Birth but made so by his Tongue and Impudence he was Crafty to Dissemble Cunning to Invent under pretence of Fidelity he dived into the King's Councils and discovered them as a Traytor being sent to treat of Peace he encouraged the King's Enemies to War Ever when he saw Ethelred or his Son Edmund had any considerable advantage he by some trick or other diverted them from the use of it he was sometimes on one side sometimes on the other where he could get the best Plunder and most Money Edric Earl Godwin's Fathers Brother Gunhild Sister to Swane King of Danemarke massacred De gest R. R. l. 2. c. 10. says Malmsbury barbarously murthered The News of this Bloody Tragedy moves the Danes to revenge and the year following King Swane with a mighty Navy invades England by the experience of his former Invasions and Descents there he well enough understood what advantage he could make of the English He invades England with a mighty Navy Presently over-runs a great part of the Country And useth great Cruelty presently overran a great part of the Country his Sword made no more difference between Ages Sexes and Conditions of People than the Fire did of Houses or their Materials the Cruelty and Violence of one killing and the Fury of the other destroying all it met with By Ethelred's command Hen. Huntingd. A. D. 100â— Every 310 Hides of Land to set forth a Ship and every nine Hides a Soldier Hoveden in that year This Preparation came to nothing Ibidem Lord-Danes Lurdan whence The Danish Massacre suspitious To obviate these dreadful Miseries and frequent Invasions Ethelred commanded that every 310 Hides of Land should set forth a Ship and so proportionably for a greater or lesser Quantity and every nine Hides a compleat Arms or Soldier but this great Preparation by ill management and storms came to nothing eighty of the Ships at one time being wracked by ill weather The next year came another Fleet of Danes under the leading of Turkill Ethelred Danes Swane Cnute A. D. 1013. and soon after a second under the Conduct of Heningus and Anlaf all Danish Princes the former whereof in the year 1012. was with 45 Ships sworn to serve Ethelred Two Fleets of Danes arrive under the Conduct of Turkill Anlaf and Hemingus Turkill with 45 Ships takes Service under Ethelred The People submit to Swane Emma with her Children departs into Normandy Ethâ—lred follows them Hen. Hunt A. D. 1013. Swane imposeth a great Tribute upon the People Hoveden Anno eodem Turkill doth the same Hunting A. D. 1014. Swane dies suddenly Ibidem Cnute made King by the Danes The English recall Ethelred he finding them Food and Rayment Swane proceeding victoriously almost where-ever he came received the submission of the People and Emma Queen to King Ethelred with her two Sons Edward and Alfred went into Normandy to her Brother Richard Duke thereof and after Christmass in the same year Ethelred followed them thither from the Isle of Wight all the People esteeming and receiving Swane for their King whom he commanded through England to make great Provisions for his Navy and to pay almost an intolerable (p) This was very heavy without doubt for in one year which must be this Ingulph Hist 506. b. 507. a. The Abbey of Croyland paid 2000 Marks in one year to Swane the Abbey of Croyland alone paid 2000 Marks to Swane besides several years before it paid to Ethelred 400 Marks a year and 200 l. for building of Ships Ingulph says this was A. D. 1018. when as others say Swane died A. D. 1014. therefore it was Cnute or the other Historians were mistaken in their Chronology Tribute In like manner Turkill sent out his commands every where the like should be paid to his Fleet that lay at Greenwich Swane thus obtaining the Throne of England in the beginning of his Reign died suddenly After his Death the Danish Army and Danes make Cnute his Son their King and the English upon condition of his better Government send to Ethelred to return out of Normandy who sending for his Son Edward with promise of doing all things worthy of himself as King and the English People came himself soon after and was ioyfully received of the whole English Nation Cnute lay then at Gainsborough to whom the People of Northumberland and Lindsey in Lincolnshire submitted into the latter of which Ethelred hearing of their submission marched and destroyed it with Fire and Sword Cnute troubled that for his sake the Country should suffer sailed to Sandwich where he left the Hostages given to his Father Cnute departs and returns with 160 Ships Ib. A. D. 1016. Edric betrays Ethelred first cutting off their Hands and Noses and so departs yet in as short a time as might be returns again
conquered it The Francs conquered Gallia And divided the Lands amongst their Souldiers Gentlemen such as served on Horse-back in the Declension of the Roman Empire that they distributed their conquered Lands amongst their Souldiers to whom was reserved the Dignity of Gentlemen and the management of Arms and from the ancient Gauls Inhabitants of the Country who were called Roturiers they took away the use of Arms and permitted to them the management of Rustick Affairs and Merchandize only and from thence came the distinction of Fiefe Noble and Roturier c. There were [2.] Spel. Gloss fol. 219. Hottom in lib. de disp Feud c. 6. F. three sorts of Military Fees Royal Fees as Dukedoms Counties Marquisates c. which held immediately of the Emperor King or Prince and was called tenure in capite And so less Estates and Offices in process of time that held immediately of the Crown or Person of the Prince then Mesne or mediate Fees which held not immediately of the Prince These Milites or Knights were Horsemen and these Military or Knights Fees given to maintain their Horse and Arms Hot. in lib. 2. Feud col 691. D. but of some of these Capitanei or Chieftains as Barons Vavasors Castellans c. lastly Military Fees or Knights Fees such as were held of those Mesn Lords and by them given to their Soldiers all these degrees of Fees were in Normandy as appears by the [3.] C. 34 35. Grand Customer where they also had all the Incidents of Military Fees Ward Marriage Relief Homage and Fealty and such Divisions into all these sorts of Fees were made of the greatest part if not * See Doomesday in every County and here Ap. n. 10. all the Lands in England by the Conqueror to his great men Commanders and Soldiers as is manifest by Doomesday-Book a Record without Exception And for the Incidents to these Tenures Escheat Ward Marriage Relief Homage Fealty Aids Escuage c. both according to their first rigorous Institution and afterwards qualified Condition we have a sufficient Information from all our ancient Historians and Lawyers that we received them from Normandy Forfeitures also were incident to these Fees many of which [4.] Gloss fol. 214 215. Forfeitures incident to Feudal Tenure Sir Henry Spelman hath collected from the Feudist and Feudal Laws and some of them do here follow Originally all Vassals held their Lands at the will of the Lord and whether they were Delinquents or not he might at his pleasure take them from them In point of Tenure they were much like our ancient Copy-holds at meer will and in this of Forfeiture they much resembled them and those also at this day Vid. Hot. de Feud Disp c. 38. col 886. D. E. c. It was a Forfeiture if thrice summoned to the Lords Court they neglected or refused to come and take up their Lands and do Fealty If they refused to do their Service or denied their Tenure it was a Forfeiture If they sold their Estates without leave of the Lord or if they sold it by any other Title than they had themselves it was a Forfeiture If they did any thing against their Oath of Fealty if they adhered to their Lords Enemies or did forsake him in time of War or Danger all these were Forfeitures If they committed any outragious wickedness which was called * See the Glossary Felony as Murder Robbery burning of Houses Rape c. and which was no Treason this likewise was a Forfeiture of their Lands and Estates to the Lord of the Fee And by committing Felony and the non-performance of the most of these things upon conviction the Tenents [5.] Coke compleat Copy-holder Sect. 57 58 Kitchin Tit. Copy-holder at this day forfeit their Lands and they Escheat to the Lord some by presentment of the Homage others immediately where the Fact is notorious And while we mention Tenents it will give some light to the knowledge from whence we received our Laws briefly to give an account of the Institution of Mannors here in this Nation as I find it in our Learned Glossarist [6.] Fol. 389. The first Institution of Maners Mannors from whence derived who says it was a Norman word and brought from thence and what the Saxon called a Praedium or Villa their Possessions in Land with the injoyment of Soc Sac Toll Team and other Priviledges the Normans called Maners a Manendo because such Possessions were ordinarily the Seats of the Lords The Saxon (d) Many of them had so but without doubt they had some Feudal Tenures or somewhat like them they with the Angli Jutes c. coming from the Cimbric Peninsula and the North Parts of Germany where such Tenures were General from whence the word Vassus Vassallus or Valvasor was derived to other Nations Hot. de Feud disp cap. 7.820 C. As also in their Neighbour Nations of Danemark and Norway Jurisdictions had their Origin from the Grants of their Kings They were Feudal but Maners had their beginning from Feudal Law or Right for whoever could dispose of Fees might justly give Laws to their Vassals erect Courts for passing of estates and take upon them all other Priviledges meerly pertaining to a noble Fee How they were instituted He further says at the beginning this was the course of instituting Maners for the most part different Lords possessed the Territories of every Town or Village and * See Doomesday Book every where how Villages and Towns are described with such Peopâ—e in them under the Proprietor cultivated it by their Servants Vassals and Husbandmen for at that time there were living in the Country only Military men Labourers or Husbandmen first the Lord designed the place of his own Habitation and annexed to it a plentiful Portion of Land for the maintenance of his Family which are yet called Terrae-Dominicae Demesn Lands [7.] Ibidem another share he gave to his Vassal or Vassals for their aid and assistance in War and these were called (e) I rather think these Fees to have been most whole at first and that in time by favour of the Lord they parcelled out and sold them and such a part of a Knights Fee was apportioned to such and such a man as Rents are amongst Copy-holders at this day where a Tenent sells part of his Copy-hold to one part to another There are many Instances of whole Mannors granted by the Service of one Knights Fee Robert Fitz-Roger 9. Richard the First had a Grant from him of the Maner of Eure in Buckinghamshire by the Service of one Knights Fee 1. Jonannis a Confirmation of the Castle Maner of Workeworth in Northumberland by the Service of one Knights Fee 5. Johannis the Maner of Newburn in the same County by the Service of one Knights Fee The Maner of Clavering in Essex by the same Service 7. Johannis the Maner of Robiri in Northumberland by the same Service of one
printed at Paris 1539. there is a * C. 25. Chapter de exercitu Ducis not to be found in the French Print of that year but Du Fresn in his * Tom. 3. col 832. Glossary cites a good part of it from the MSS. Customer in the Chamber of Accounts at Paris Military Service in chief which he made use of in these words Or est vn service que Doit estre fet au Prince en armes se lont la Coustume L'establissement des Fiemens des Villes icest service est accoustume á fere par 40. jours Service of 40. days pour le secours l'aide de la terre de câ—ux qui en tiennent les Fiemens come ce soit fet pour aucun Delivrance pour le profit dâ—l Comun Pâ—eple c. Tous fiefs de * See the Glossary Hauberâ— sont especialment establis pour fair le propre service de la Duchee Ensement de Tous les Countees les Baronees Doivent accomplir ce service a decertes toutes les villes qui ont Communes Si devez scavoir que les sieus de Haubere que sont es Countees es Baronnies qui ne sont pas Establies pour la Duquee de Normandie ne doivent pas de service D'ost fo rs as Seigneurs as quieux il sont soumis Excepte nequedent Larrierban del Prince auquel Trestous grans petits pourtant que il soient Convenables pour armes porter sont tenu sans excusation nulle a fair lui aid profit a tout leur pooir Now there is a Service which ought to be made to the Prince in Arms according to the Custom and Establishments of Fees and of Cities or Burghs and this Service is by Custom performed by * Co. Lit. Sect. 95. forty days for the succor and aid of the Land by such as hold the Fees as it were done for any Deliverance and for the profit of the Commune People c. All Military or Knights Fees were especially established to do the proper Service of the Dutchy and likewise all the Earldoms and Baronies ought to accomplish this Service and all the Cities or Burghs that have Communities it is also to be understood that the Knights Fees which are in the Earldoms and Baronies which are not established for the Dutchy of Normandy nor do owe Service to the Army but to the Lords of whom they are holden except at the Arrierban of the Prince to which all both great and small that are able to bear Arms are bound to come without excuse and to give him aid and assistance with all their Power The Latin Version agrees with this French Text and as it proceeds further The Duke granted to such as held of him Scutage Service of the Tenents there is a Clause exactly agreeable to the antient practice in England The Duke of Normandy granted to such as had performed their Service in the Army forty days Scutage-Service of such as held of them by Military Service Exercitus autem dicitur auxilium illud pecuniale quod concedit Princeps Normanniae facto exercitus per 40 dies servitio Baronibus vel Militibus de illis qui tenent de eis feodis vel de tenentibus suis in Feodo Loricali And so was the Usage of our antient English Kings after the Conquest to grant to such as had personally or by substitute or fine performed their Service in the Army Scutage-Service of such as held of them in Military Tenure Heritages partible and not partible C. 26. 36. Gavelkind Tenure in Military Service and Serjeanty impartible Heritage partible was equally divided amongst all the Sons c. All the Children of one Son were but to have the share of their Father divided amongst them A Father that had many Sons Ibidem Glanvil lib. 7. c. 1. 3. Soccagium divisum could not give one a better Share than the other of his Heritage for if he did notwithstanding his Gift it was to be divided with his other Lands amongst his Sons after his death He could not Give Sell Mortgage or any way put any part of his Heritage into the hand of a Bastard Son but within a year and a day it might be recovered by his Heirs Impediments of Succession were Bastardy profession of Religion C. 27. Impediments of Succession Blood attainted Leprosie c. Lands of a Bastard if he had no issue by a lawful Wife returned to the Lord of the Fee Tenures were by Homage by Parage by Bourgage by Almoign C. 28. What Tenures in Normandy Bordage or Tenure of servile works Tenure of Rent or Rent Charge c. No Tenent by Homage could sell or ingage his Fee C. 29. Tenent by Homage could not sell c. without consent of his Lord unless in some parts there was a Custom to sell or ingage a third part or a less so as there was left enough to pay and perform the Services Faisances and Dignities due to the Lords Parage is when the younger Brothers hold their Share of the Fee of the elder Brother and he of the Lord C. 30. Parage and does the Homage and Service they contributing their Shares So it is called Parage in respect of Parentage in which they are equal not in respect of their Estates C. 31. Bourgage Bourgage is a Tenure according to the Customs and Vsages of Bourghs and may be bought and sold as Moveables without the Assent of the Lord. C. 32. Franc Almoign Tenure in Almoign or Franc Almoign So Lands given in pure Alms to God and such as serve him C. 33 Ward and Marriage A Member of a Military Fee what The Duke of Normandy had the Guard or Wardship and Marriage of all Minors which held of him by Homage by a Fee or a Member of a Military Fee A Member of a Military Fee is the eighth part or any part under as a sixth or seventh not but it might be divided into more but less than an eighth could not have Court and Vsage belonging to it So other Lords of such as held of them by Homage The Duke and other Lords had also Reliefs 15 l. of a Military Fee C. 34. Relief and 100 l. of a Barony upon the death of the Tenents an Earl paid 500 l. C. 35. Three Capital Aids Glanv lib. 9. c. 8. Tenents in Military Service paid three Capital Aids one to make the Lords eldest Son a Knight a second to marry his Daughter a third to redeem their Lord out of Prison C. 39 40 41 c. Glanv l. 1. c. 28. to the end Essoins Essoins or excuses for delaying Suits in Feudal Pleas were de Malo veniendi de Malo lecti per Servitium Ducis de ultra Mare de Privilegio crucis c. The same in England C. 50. Warranty Of Warranty whoever was called to it was bound to secure
the Kitchin and Brew-House He had three Fees and a sixth part The place of Ralph Fitz-Henry on the West part of Scouland Hall He had three Fees and an half The place of Conan Fitz-Helias by the Keep on the East side without the Wall He had two Fees and an half The place of the Chamberlain on the East part of Scouland Hall by the Oven He had two Fees The place of Tho. de Burge on the West part of the great Chappel by the Cannons in the Wall He had in this part of the Honour of Richmond in Yorkshire [5.] Ibid. b. 68 Knights Fees and an half and had here at the time of the Survey 166 Lordships Maners or Farms in Dorsetshire one in Essex eight The Earl of Richmont had 442 Lordships of the Gift of the Conqueror in Hantshire two in Cambridgeshire 63 and ten Burgages or Dwelling-Houses in Cambridge in Hartfordshire 12 in Northampton one in Nottinghamshire seven in Norff. 81 in Lincolnshire 101 in all 442. All his Tenents ought Suit and Service to his Court and for this Honour and under the Title thereof there were Courts kept for the Tenents of it several Counties every three weeks and are kept to this day in Norff. And the Jurisdiction of these and the like Courts usually extended no farther than to some Personal Actions between the Tenents and such matters as appertained to the Lands belonging to the Honour Tenents bound to Castle-Guard and most probable it was that all these Tenents of these Lands as also in all other Fees where the chief Seat or Head of them was a Castle did watch and were bound to Castle-guard at appointed times as may be gathered from what will be said next concerning the Earls of Chester The first [6.] Ord. Vit. fol. 522. A. whereof was Gherbod a Flemming made Earl by William Anno Dom. 1070. who going upon an Expedition into Flanders fell into the hands of his Enemies and was there detained Prisoner all his Life upon whose restraint the Conqueror created (k) He was Son of Richard [1.] Gemet lib. 7. cap. 6. Hugh Earl of Chester who he was Surnamed Goz Vicecomes de Abrincis or Viscount of Auranches in Normandy whose Father was Thurstane [2.] Ibidem Surnamed Goz Son of Anfrid a Dane Hugh de Abrincis Earl of Chester who with (l) He was Son of [3.] Ord. Vit. 669. C. Robert Roelent how he was Humfrid de Teliolo who was another Son of Anfrid the Dane and Governor of the Fortress the Conqueror erected at Hastings This Robert was Cousin German to [4.] Ibidem B. C. Richard de Abrincis Father to Hugh Lupus Earl of Chester and was Commander in Chief at the Siege of Rochester Castle Robert Roelent and Robert de Malo Passu and others shed much Welsh Blood [7.] Ibidem he was a Man of great Note amongst the Normans at that time and an expert Soldier and therefore placed here to restrain the Incursions of the unconquered Welsh This Earldom was given to hold as freely by the Sword as the King held England by the Crown 'T is commonly storied he had several [8.] Monast Angl. vol. 1. p. 202. Barons under his Jurisdiction but whether they were so or not there were many that held great Estates of him and had shares and Commands in the Government of this petty Kingdom amongst whom these were chief Robert Fitz-Hugh [9.] Domesday in Cestreshire where all the Places are named Barons or reputed Barons of Cheshire whose Seat was at Depenbach now called Malpas who held of him 31 Maners part of Maners or Towns William de Maldebenge whose Seat was at Wickmalbanc now called Nantwich held 47 Maners c. William Fitz-Nigell called sometimes Constabularius had his chief Seat at Heleton now Halton Castle and held of him 29 Maners c. Richard de Vernon whose Seat was at Shipbroc held of him 17 Maners c. Hugo de Mara held 14 Maners c. Hamo de Masci whose Seat was at Dunham commonly called Dunham-Masci held 10 Maners c. Bigot de Loges held 12 Maners c. Gilbert Venator or de Venables whose Seat was at Kinderton held 19 Maners c. Robert de Roelent whose Seat was Roelent or Ruthelan Castle in Flintshire from whence he had his Surname held 16 Maners c. This Robert was General to Earl Hugh Robert Roelent General to the Earl of Chester who for fifteen years together checked the Welsh and dayly gained upon them and enlarged the Conquerors Territories [5.] Ibidem but at last after many sharp Conflicts and bold Adventures hazarding himself too far with no more than one Soldier he was unhappily slain He held North-Wales in Farm of King William at the Rent of 40 l. per Annum [6.] Domesday in Cestreshire besides Ross and Rewinioc extending twelve Miles in length and four in breadth which he held in Fee After this manner William placed several others in other parts of the Borders of Wales giving them great Possessions in Land These Earls of Chester had all Royal Officers and in State differed very little from Kings Earls had their great Officers of State As will be shewn more at large concerning Earl Ranulph in the Reign of King Stephen in whose time he lived All other Earls likewise had their great Officers of State though they lived not in the same Magnificence as these Earls Palatine did The manner of Investiture of an Earl and the manner of Investiture into that Dignity then was by girding them with the Sword of the County as [7.] Fol 154. l. 54. Mat. Paris observes Earls as also [8.] Spelm. Glossar verb. Baro. Earls and Barons had generally Castles c. Barons in these times had every one their Castles very well fortified and endowed with many Priviledges which were called the Head of their Baronies And thus much shall suffice to shew the grandeur of the Nobility under William which continued many Ages after him From this Digression I return to the History it self [9.] Sim. Dun. Col. 203. n. 50. A D. 1071 William the Conqueror invades Scotland King Malcolm submits William having settled England in quiet invaded Scotland by Land and Sea with design to subject it to his Government for that King Malcolme had grievously offended him and the year before had entred England and cruelly wasted the Borders thereof with Fire and Sword But so soon as he had entred Scotland King Malcolme met him at a place called Abernithi yielding to him and held his Kingdom as in subjection to him At his return William displaced [1.] Ibidem Col. 203 n. 10. Gospatric from the Earldom of Northumberland and gave it to Waltheof the Son of Earl Siward About this time the County of Main [2.] Ibidem Col. 205. n. 40. The County of Main revolts and is reduced revolted from William who went over
not named to hold and keep them for the King until he came at Age and then they were freely to be delivered to him He was to hold the Kings Courts in these Castles and Lands as the Kings Baylif Deputy or Officer ut Ballibus Domini Regis and do right to the English according to the English Law and to the Welsh according to their Law And for the performance of these things he gave Pleges or Hostages Mailgo the Son of Rese and Rese the Son of Griffin Mado◠the Son of Griffin and Mereduc the Son of Ren. This year also it was Ordained * Append. N. 146. No Chart or Letters Patents to be Sealed with the Great Seal before the King was at full Age. by the Council of the Kingdom that no Chart or Letters Patents conteining the Confirmation Alienation Sale or Donation of any thing in perpetuity should be Sealed with the Kings Great Seal until he were of full Age and if any such Charts or Letters Patents were made and Sealed they were notwithstanding to be void This Ordinance is Witnessed by Gualo the Popes Legat the Arch-Bishops of Canturbury and York the Earl of Pembroke Protector and Hubert de Burgh Justiciary thirteen other Bishops nine great Abbats eight other Earls and fifteen Barons but not one ordinary person In the year 1219. the King kept his Christmass [6] Ibidem f. 304. n. 10. William Earl Marshal Dyes Peter Bishop of Winchester Protector A. D. 1220. at Winchester At that time William Mareschall the Elder Dyed after whose Death Peter Bishop of Winton was made the Kings Protector or Guardian King [7] Ibid. f. 309. n. 40. King Henrys Second Coronation Henry was at Christmass at Marlebergh being still under the Protection of Peter Bishops of Winchester At Whitsuntide following being the 17th of May and the fifth year of his Reign he was Crowned again at Westminster by Stephen Arch-Bishop of Canturbury in the presence of the Clergy and Laity of the whole Kingdom presentibus Clero Populo totius Regni King [8] f. 310. n. 30 40 50. William Foret Seiseth 〈◊〉 Castle of Biham in Lincolnshire Henry at Christmass kept his Court at Oxford with the Earls and Barons of the Kingdom A. D. 1621. At this time William Foret without the Kings knowledge left the Court and went to the Castle of Biham where after some few days having gathered together some Armed men he came in a Hostile manner to the Town of Tenham and plundered it and caused the Grain of the Canons of Bridlington to be carried into the Castle of Biham he likewise plundered the Town of Deeping with many other Towns and by grievous Torments forced the Inhabitants to redeem themselves It was said that Falcasius And plunders the Country Philip Mart Peter de Malo Leone and Engelard de Achie were the chief Abbettors of this Faction who privately sent him Armed men to disturb the Peace of the Kingdom In the mean time the Great Men of England Magnates Angliae met the King at Westminster to treat of the Affairs of the Kingdom ut Tractarent de negotiis Regni The Earl of Albemarle was Summoned and pretending to come The Earl of Albemarle seised Fotheringay Castle went privately to the Castle of Fotheringey and took it and having Fortifyed it with Armed men he betook himself to Biham Castle When the King and Council heard of this a great Army was raised and sent to Besiege the Castle of Biham Biham Castle taken The Earl of Albemarle pardoned After some short time the Besieged seeing no hopes of relief or escape submitted themselves to the Kings mercy on the 8th of February who commanded they should be kept Prisoners till further order The Earl of Albermarle was introduced to the King by the Arch-Bishop of York and at the intercession of Pandulf the Legat the King was reconciled to him * Ibid l. 57. Too much Lenity gives incouragement to Rebels because he had faithfully served both the King his Father and him All the Knights and other Horsemen or Servants Milites omnes Servientes were set at liberty without punishment or redemption which gave incouragement to others to rebel and to expect the same favor in the like Case Gualo left England and * Mat. Westm f. 279 lin 6. returned to Rome in August or September in the year 1218. the 3d of King Henry and Pandulph Elect of Norwich succeeded him as Legate and came to St. Pauls in London on the Monday after the Feast of St. Andrew next following The same year about the 8th of September [9] Ibid. fol. 312. n. 10. Lewelin King of Wales Besiegeth Buet Castle Lewelin King of Wales with a great Army Besieged the Castle of Buet which belonged to Reginald de Braiosa who sent to the King and importunately craved his assistance The King having raised an Army marched thither But the Welch raised the Siege and fled at his approach Then he marched toward Montgomery where after he had plundered the Welch and got forage for his Army he * Or rather Repaired it built Montgomery Castle to hinder their incursions for this Expedition the Great Men granted him a Scutage of two Marks of Silver of every Knights Fee Concedentibus Magnatibus de quolibet Scuto duas Marcas Argenti This year the [1] Ibid. f. 313. n. 10. The King of Scots marrieth Joan King Henrys Sister Marriage between Alexander King of Scots and Iohanna the Kings Eldest Sister was Solemnized at York the day after the Feast of St. John Baptist At the same time and place Hubert de Burgh Married the King of Scots Sister The two Kings met there to treat of this * Claus 5 Hen. 3. part 1. m. 11. Dors Her Joynture 1000 l. per Annum Marriage and a stricter Alliance then was before between them on the Monday Sevenight after Trinity Sunday and the Ioynture made to this Ioan Queen of Scots which was in Lands to the value of One Thousand Pounds by the Year bears * Pat. 5. Hen. 3. M. 6. Dors Date at York on the 18th of June M.CC.XXI A. D. 1222. In the Year 1222. the King [2] Ibid. n. 20. kept his Christmass at Winchester Peter the Bishop of that City provided all necessaries for him This year a great Ryot [3] fol. 315. n. 10 20 30 40. A great Ryot in London happened in the City of London upon the following Occasion A great Wrastling was appointed between the Citizens and the Countrey people near adjoyning on St. James's day wherein the Citizens were Conquerors which was much stomached by the Steward of the Abbat of Westminster he therefore appoints an other meeting at Westminster on the 1st of August to which the Citizens flocked in great Numbers but found they had weapons as well as men to contend withal for the Steward and his Assistants being Armed came upon them unawares wounded many and
infinite Number of the Nobiliâ—y that is the whole Vniversity of the Kingdom met at London Infinita Nobilium multitudo scilicet Regni totalis Vniversitas Londonias venit When they were all met and Seated in the Kings Palace at Westminster William de Kele Clerc and a Domestick of the Kings a discreet man and well skilled in the Laws arose and as a Mediator between the King and Great Men The Kings gratious offer and Demand declared the Kings Pleasure and intention That the King Commanded him to tell them that whatever he had done hitherto He would for the future be wholly directed by their Counsels who were his Natural and Faithful Subjects That those who had been his former Treasurers had been unfaithful in that Office That the Kings necessities at this time pressed him to require an Ayd of them but he would consent that whatever was granted should be both Collected and Disposed of for the necessary uses of the Kingdom by such whom they should name and choose for that purpose To this they replyed The Reply made to him That they had very often Granted and paid sometime a Twentieth then a Thirtieth and again a Fiftieth part to the King yet hâ— could never be prevailed with to remove or banish from him any one of the Enemies of the Kingdom That he had never enlarged but had streightned his Dominions And for the Assistance of others had extorted very frequently great Summs of Money from his own natural men à naturalibus suis hominibus as from the meanest of Slaves The King Answered The Kings Answer That his Sisters Portion Paid to the Emperor and his own Wedding had emptied his Pockets and if they would grant him a Thirtieth part He assured them upon Oath He would never more give them an Occasion to Complain They replyed That these things were done without their consent and seeing they were free from the fault they ought not to partake of the punishment After this they retired to consider how they might moderate and also satisfie the Kings desires And on the other side the King being much [2] fol. 436. lin 1. He is concerned how to gain the good will of his Barons concerned how he should gain the good will of his Barons assured them that he never endeavoured by the Popes Bull to void those Grants he had confirmed to them by his Charter and if any such thing had been Suggested to him he altogether disallowed it and that he would inviolably observe all the Liberties of the Great Charter Omnes Libertates Magnae Chartae observare and for their better security Commanded the same Sentence that Stephan Archbishop of Canturbury denounced against the infringers of this Charter to be again solemnly pronounced that the Violators might be the more inexcuseable After this he added the Earl of Warren William Ferrars and John Fitz-Geofry to his Council who Swore they would never be corrupted by gifts to deviate from truth and would always give the King good and wholesome Counsel A Thirtieth part of all Moveables granted to the King Then a Thirtieth part of all moveables was granted to the King excepting every mans Gold and Silver and his Horses and Arms which were to be used for the Benefit of the Commonwealth And for the due [3] See Append n. 159. Collection of the aforesaid Thirtieth part which was made the year following four Trusty Knights 4 Milites fide dignos [4] Ibid. n. 20 30. The manner how it was to be Collected and Secured were to be chosen in every County To whom the King was to add one Clerc in every County in England who were all Sworn duly to Collect and Secure the Money in some Abby Church or Castle That if the King should recede from his promise it might be restored to every one again So that when the Collectors came to Levy it was paid on this condition On what conditions paid That from thence forward the King should reject all Counsels and Advices of Forreigners and Strangers and adhere to those of his Faithful and Natural Men. Annexum fuit in conditione quod ex tunc deinceps consilio alienigenarum omnium innaturalium derelicto suorum fidelium Naturalium hominum consiliis adhaerebit About this time [5] Ibid. n. 50. vid. fol. 403. n. 40. Leolin Prince of Wales puts himself under the Kings protection Leolin Prince of Wales being wearied out with continual Wars and Age sent Messengers to the King to desire a confirmation of the League that was between them and also to put himself and all his under his protection and that he would hold his Lands of him in Fealty and Friendship by an indissoluble League promising to assist him in all his Expeditions with Men Horse and Money as far as his ability would reach The King accepted his Offer and sent the Bishops of Hereford and Chester to confirm it The Record on the close Roll of 21 Hen. 3. m. 11. Dors Dated June 16. seems to give much credit to this Relation This year [6] fol. 437. n. 10 20. Hubert incurs the Kings displeasure but is soon again reconciled Hubert Earl of Kent incurred the Kings displeasure in Marrying Richard Earl of Glocester his Ward to his Daughter Margaret without the Kings consent but was soon reconciled again Hubert protesting that he did not know the King had designed another for him And also promised to pay a sum of Money which appeased the Kings Anger About the Nativity of St. John Baptist [7] fol. 439. n. 30 40. A. D. 1237. Frederick the Emperor invited all Christian Princes to meet at Vantulur to Treat about some difficult Affair which concerned as well other Kingdoms as the Empire The King of England designed to send Richard Earl of Cornwal his Brother with other Great Men under the conduct of the Arch-Bishop of York and the Bishop of Ely to be his Deputies at this Meeting The Bishop of Winchester was chosen but he refused to go because the King had formerly accused him to the Emperor as one that disturbed the Peace of his Kingdom When every thing was prepared for their Journey they had notice from the Emperor that the Assembly was deferred till Christmass following About the Feast of St. Peter and St. Paul June 29. [8] fol 440. n. 10. Otto the Popes Legate comes into England at the Kings request Cardinal Otto the Popes Legate came into England at the request of the King but without the Knowledge of his Great Men for which it was said the Archbishop of Canturbury very much blamed the King as a thing prejudicial to his own Dignity and a great damage to the Kingdom However he would not hearken to his Counsel but received him as also did the Clergy with great Pomp Ceremony and large Gifts [9] fol. 443. n. 10. He reconciled the Noblemen that were at â—ariance Some of which he refused contrary to the
upon their Oaths to choose of the best Free-men residing upon the Escheat or Ward-Lands so many and such as they thought fit for their purpose to manage the Kings Business as it might best be done for his profit And they were directed to In these times and two or three hundreds of years afterward the King but especially the Bishops Abbats and Temporal Nobility and Knights kept much and many of their Maners and Lands in their own Hands and stocked and managed them by a Praepositus and Servants and sometimes let them to Farm stocked stock the Ward-Lands and Escheats with the Issues and Profits of them until Michaelmass and if that was not sufficient what Wanted was to be supplyed out of the Kings Tolls so that they which took to farm those Ward-lands and Escheats were to answer for them from Michaelmass as Stocked And the King would Warrant to such as held them in farm those Ward-Lands and Escheats from year to year during their Term. So that altho the King gave any of them to any one yet the Farmer should hold his farm until the end of the year paying what should be due from the King but the Justice as Royalties Forfeitures c. which happened upon the Escheat the King Granted were to remain to the King unless the King granted them particularly and by name that is by express words The Farmer when he leaves his farm shall take of all his own stock he set upon it besides the Kings stock freely without Diminution and they shall have the letters patents of the Arch-Bishop as chief Justice conteining the Tenor of the Kings Chart made concerning this matter They were to inquire what was the Rent of This was such as are now called White or Quit-Rents Assise or Constant Rent in every Maner of the Kings Demesns and the value of all things upon those Maners and how many Ploughlands or Caracates they conteined and what their value non-estimating them at 20 s. only the Plough-land but more or less according as the land was better or Worse Those that took farms might stock them with the Profits of the Lands as aforesaid They were also to inquire how many Oxen and Horses ought to be kept for the Tilling of every plough-land and what stock every Maner would maintein and clearly and distinctly to put them in Writing A Plough-Ox was then valued at 4 s. a Cow and Plough-Horse at the same Rate a Sheep with fine Wool at 10 d. and with course Wooll 6 d. a Sow at 12 d. and a Boar at 12 d. and when the Farmers left their farms they were to pay so much money or leave so many Saleable-Beasts at their choice and when all the ward-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
or understanding Tenents of that Fee who in like manner shall be answerable to us as hath been said VI. Custos autem quamdiu custodiam terrae habuerit sustentet domos parcos vivaria stagna molendina caetera ad illam terram pertinentia de exitibus terrae ejusdem Et reddat haerâ—di cum ad plenam aetatem pervenerit terram suam totam instauratatam de carucis omnibus aliis rebus ad minus secundum quod illa recepit Haec omnia observentur de custodiis Archiepiscopatuum Episcopatuum Abbatiarum Prioratuum ecclesiarum dignitatum vacantium quae ad nos pertinent excepto quod custodiae hujusmodi vendi non debent But the Warden so long as he shall have the Wardship of the Land shall uphold and maintein the Houses Parks Warrens Pools Mills and other things belonging to the Land with the Profits of the same Land and shall restore to the Heir when he comes of full Age his whole Land stocked with Ploughs and all other things at least whatever he received All these things shall be observed in the Custody or Wardship of vacant Archbishopricks Bishopricks Abbies Priories Churches and Dignities which do belong to us Except that these Wardships ought not to be sold VII Haeredes maritentur sine disparagatione ita tamen quod antequam contrahatur matrimonium ostendatur propinquis de consanguinitate ipsius haeredis Heirs shall be Married without Disparagement and so That before Matrimony shall be Contracted those which are nearest to him in Blood shall be acquainted with it VIII Vidua post mortem mariti sui statim sine difficultate aliqua habeat maritagium suum haereditationem suam nec aliquid det pro dote sua vel pro maritagio suo vel haereditate sua quam haereditatem maritus suus ipsa tenuerunt die obitus ipsius mariti Et maneat in capitali mesuagio mariti sui per quadraginta dies post obitum ipsius mariti infra quos assignetur ei dos sua nisi ei prius fuerit assignata Vel nisi domus illa fuerit castrum si de castro râ—cesserit statim provideatur ei domus competens in qua possit honâ—ste morari quousque ei dos sua assignetur secundum quod praedictum est habeat rationabile estoveruun suum interim de communi Assignâ—tur autem ei pro dote sua tertia pars totius terrae mariti sui quae sua fuit in vita nisi de minori dotata fuerit ad ostium ecclesiae A Widow after the Death of her Husband shall forthwith and without any Difficulty have her Marriage-Goods and her Estate of Inheritance nor shall she give any thing for her Dower or Marriage-Goods or Inheritance which her Husband and she held at the day of his Death And she may remain in the Capital Messuage or Mansion of her Husband by the space of Forty Days after his Death in which time her Dower shall be Assigned if it was not Assigned before Unless the House shall be a Castle and if she departs from the Castle there shall forthwith be a competent Dwelling provided for her in which she may decently remain until her Dower be assigned as hath been said and she shall have her reasonable Estovers i. e. Competent Provision or Maintenance in the mean time out of the Common Stock or whole Revenue But there shall be assigned to her for her Dower the Third Part of the whole Land of her Husband which was his in his life-time except she was indowed with less at the Church-Door IX Nulla vidua destringatur ad se maritandum dum voluerit vivere sine marito ita tamen quod securitatem faciet quod se non maritabit sine assensu nostro si de nobis tenuerit vel sine assensu Domini sui de quo tenuerit si de alio tenuerit No Widow shall be distreined i. e. compelled by taking her Goods to Marry her self while she will live without an Husband yet so as she shall give security she will not Marry without our Consent if she holds of us or without the Consent of the Lord of whom she holds if she holds of another Person X. Nos vero vel Ballivi nostri non seisiemus terram aliquam nec reditum pro debito aliquâ— quamdiu catalla debitoris praesentia sufficiunt ad debitum reddendum ipse debitor paratus sit inde satisfacere Nec plegii ipsius debitoris destringantur quamdiu ipse capitalis debitor sufficiat ad solutionem debiti But we or our Bayliffs i. e. Officers will not seise any Land or Rent for any Debt so long as there shall be Chattels i. e. Goods of the Debtors upon the Premises sufficient to discharge it and that the Debtor be ready and willing to satisfie it Nor shall the Sureties of the Debtor be distreined i. e. forced to pay the Debt by taking their Goods so long the Capital Debtor be able to pay the Debt XI Et si capitalis debitor defecerit in solutione debiti non habens unde reddat aut reddere nolit cum possit plegii respondeant de debito si voluerint habeant terras reditus debitoris quousque sit ei satisfactum de debito quod ante pro eo solvitur nisi capitalis debitor monstraverit se inde esse quietum versus eosdem plegios And if the Principal or Chief Debtor makes default in Payment of the Debt not having wherewithal to satisfie it or will not satisfie it when he is able then the Pleges or Sureties shall answer it and they shall have the Lands and Rents of the Debtor so long as they shall be satisfied for the Debt they paid for him unless the Chief Debtor can shew himself discharged thereof and the Payment of it undertaken by the Sureties XII Si quis mutuo acceperit aliquid à Judaeis plus vel minus moriatur antequam debitum illud persolverit debitum illud non usuret quamdiu haeres fuerit infra aetatem de quocunque tenet si debitum illud incidat in manus nostras nos non capiemus nisi catallum contentum in Charta If any one borrowed any thing of the Jews more or less and dies before the Debt be paid there shall be no Use paid for that Debt so long as the Heir is under Age of whomsoever he holds And if the Debt falls into our Hands we will take only the Chattel conteined in the Chart or Instrument that is the Pawn for the Money lent mentioned in it XIII Et si quis moriatur debitum debet Judaeis uxor ejus habeat dotem suam nil reddat de debito illo Et si liberi ipsius defuncti qui fuerunt infra aetatem remanserint provideantur eis necessaria secundum tenementum quod fuerit defuncti de residuo solvatur debitum salvo tamen servitio dominorum simili modo fiat de debitis quae debentur aliis quam