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
in his demain and Possession so did the Archbishop hold his The same way of proceeding by virtue of the general Precept before-mentioned is to be found in the History of the Church of Ely The Plea of the Church of Ely for the Recovery of its Lands King William [2.] In Appeal n. 3. directs his Writ to all his Leiges or Tenents and Sheriffs in whose Sherifwicks the Abbey of Ely had Lands that it should have and enjoy all its Customs c. that it had the day that King Edward was living and dead and as they were recovered and proved to belong to that Church by many Shires at Keneteford a Town in Suffolk near Newmarket before his Barons Several Writs are in the [3.] N. 4 5 6 7 8. Appendix touching the Lands and Customs belonging to the Abbey of Ely That such Normans as had seized or invaded any of them were to restore them In [4.] Warwic scire Terra Episcopi de Wâ—recestre f. 238. b. col 1. The Bishop of Worcester's Plea Doomesday Book 't is Recorded that the Bishop of Worcester the Famous Wulstan by Plea and by force of the same general Writ in the presence of four Counties or Shires before Queen Maud recovered seven Hides and half of Land in Alvestone and that thereof he had the Writ or Chart of King William and Testimony of the County of Warwick In Alvestone tenuit Britnodus Alwi septem hid dimid T. R. E. Sed Comitatus nescit de quo tenuerit Wulstanus autem Episcopus dicit se hanc Terram deplacitasse coram Regina Matilde in presentia quatuor vice-comitatuum inde habet Breves Regis W. Testimonium Comitatus Warwick By these Instances it appears That the Pleas for Church-Lands were generally held before all or most of the Counties summoned together in which the Lands lay and that the English were called thither to give Testimoy whether they belonged to those Churches in the time of King Edward for no others could be competent Witnesses being all Strangers to the thing in question There are likewise many Instances to be found in Doomesday of this way of proceeding and Trial of Titles in the County Hundred Wapentack or Trihing under the Title of Clamores in (e) Treding or Rideing not improbably from Trihinga which was a portion of a County that contained three or four Hundreds * Ll. â—d Confessor c. 34. to which portion of a County there was an Appeal from the Hundred and from that to the County Sudtreding Lincoliae In Tadevill Trials for Tiths of Lands in the Hundred or Warpentack in the Conqueror's time Hundred clamant homines Episcopi Bajocensis Carucatam Terrae super Robertum Dispensatorem homines de Wapentack dicunt quod ipse Episcopus jure debet habere and in the same Hundred there under the same Title Clamant homines ejusdem Episcopi super Hugonem Comitem tres Bovatas Terrae Wapentack dicit quod ipse Episcopus debet habere In the same Title there is also an Appeal from the Hundred to the County in a Plea between Gilbert de Gund and Norman de Areci both claiming upon William de Percy twelve (f) An Oxgange or Oxgate auncienly [1.] Spelm. Glossar in verbo A Bovate or Oxgange of Land what as much as one or a pair of Oxen could Plough or keep in Husbandry tilth in a year or as much as they could Plough in a day sometimes but here it is to be taken in the first sense by some accounted eighteen Acres by others but thirteen but as Carucates and other Portions of Land was uncertain according to the Soil which was harder or easier to Plough Bovates of Land which concludes thus Sed Wapentack comitatus dicunt quod Gilbertus debet habere non Norman Willielmus vero Percy tenet ea dono Regis Sicut tenuit Robertus Filius Stigandi And in the Title of Clamores in Kesteven a part of Lincolnshire there is a claim referred to the King's Court Clamores quos Drogo de Bruera facit super Terras Morcari dimittunt viz. the men of that Division in judicio Regis and there is also Recorded in a claim of Earl Alan upon Wido de Credon of fourteen Bovates and given in by the same Persons that Alger homo Alani dedit vadimonium Baronibus Regis that is such Barons as were Commissioners to make the Survey of this County ad confirmandum per judicium aut per Bellum See Bellum and Judicium in the Glossary That is he gave Security to make good his Master 's or Patron 's claim by Ordeal or Battle Doomesday fol. 212. In Norf. in Hund. Dimid de Clakeslosa Photestorp Hanc Terram calumpniat esse (g) Libram That is it was not Church-land or appendant to the Church and so free for the Normans to seizâ— on liberam Vlchetel homo (h) Hermerius de fenariis Hermerii quocunque modo judicetur vel Bello vel Judicio See Glossar ut supra alius est praesto probare eo modo quod jacuit ad Ecclesiam die qua Rex E. obiit Sed totus Hundredus testatur Eam fuisse T. R. E. ad Sanctam Adeld In Norf. the Hundred and half of Clakeslose * Since called Fodeston or Foston a decayed Town Photestorp Ulshetel the Vassal Man or Champion of Hermerius claims this Land to be Free which way soever it be tried or judged by Battle or Ordeal and there is another ready to prove the same way that it was Church Land the day that King Edward died But the whole Hundred witnesseth that in the time of King Edward it was the Land of St. Audry or the Abbey of Ely In Doomesday Clamores de (i) (i) Treding or Riding from Trihinga as before and the same with Lests in Kent or Rapes in Sussex See Ll. Ed. de Trighingis Ledis c. 34. These Trihings had their Thrihingerefas their Governors or Reves and what could not be determined in the Hundred or Wapentach was ended here and what could not be ended here was determined in the Shire North-treding Everwicscrire f. 374. col 1. Sanctus Johannes de Beveâ—laco Omnem Terram quam calumniabatur Drogo super Sanctum Johannem Testificata est ad opus ipsius S. Johannis per homines de Treding per Donum R. W. quod dedit S. Johanni tempore Adeldredi Archiepiscopi de hoc habent Canonici sigillum Regis Ed. R. Will. Canonici de Beveâ—laco Ibidem Clamores in Sub-treding Lincoliae T. R. E. fuit saisitus Almar Antecessor Archiepiscopi Thomae de soca x. Bovat in Ulingeham hac terra fuit Code modo est Rayner de Brunon pro iii. lib. fuit invadiata T. R. E. modo affirmant homines de Treding quod Archiepiscopus jure debet habere hanc socam quousque ei reddantur iii. lib. Almar was not here Antecessor to
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
plainct de B. qui lui demand a tort vne Terre a Roven de quoy il demand l'establie au Duc de Normendie pur recognoistre le Scavoir se quil y a greigneur droict celui qui tient ou celuy qui demande A complains of B that he unjustly exacts of him certain Lands at Roven for which he demands the Duke of Normandy's Writ D'establie to know by Recognition whether he hath greater right that holds it than he that exacts it The Serjeant of the Bayliwick was to see to the Execution of this Writ as to that of Novel-Disseisin So our Sheriffs were to take Pledges If neither Knights nor Gentlemen in the Vicenage then the View was to be made by men of good names the Land was to be viewed but before that he was to take Pledges for the Prosecution of it and then the men to make the View were to be summoned and if in the Vicenage neither Knights nor Gentlemen sufficient were to be found the Inquest was to proceed by other men of good Name or good renown according to the French words The Vicenage was accounted a League from the Place and is commonly called in this Customer the Ban Lien and the Recognitors were to be summoned out of the Parish where the Land was or the Parishes adjoyning within a League of it C. 114. Tit. Brief de surdemand Glan l 2. c. 13. The Writ of surdemand was to defend the Rights of the Tenents against the Lords of Fees when they unjustly demanded such Rents and Services as were not due whereof this is the Tenor. A. Plainct qui B. luy Demand a tort Service de fief * In the French Copy there wants couper or some other word les Gerbes par raison de son fief purquoy il demande l'establie au Duc assavoir qui a greigneur droict celuy qui demande par raison de son fief ou le Tenent qui le deforce pour ce se il le donne plege de pour suyr son Brief semond le recongnoissant du voisine quil soit an primieres Assizes du Bailliage pour dire de ce la verite A. complains of B. that he doth unjustly exact Service of his Fee i. e. the cutting of his Corn by reason of the Fee he holds of him wherefore he desires L'establie of the Duke to know whether hath greater right he that exacts by reason of his Fee or the Tenent which deforceth or denieth the Service wherefore if he give pledge of pursuing his Writ summon a Recognition of the Vicenage to be at the first Assizes of the Bailliage to speak the truth in this matter Dictum for Veredictum Note that what we call Veredictum is always in this old Customer called only Dictum C. 115. Tit. de fief-lay Demosue with us an Assize utrum Glanv lib. 13. c. 23. Scavoir ce or se signifies utrum in the old Customer Facit se securum in our old Writs There was used in Normandy a Writ of Lay-Fee and Alms by which the Fee was tryed whether it was Lay or Almes when it was doubtful in this Form Se A. te donne plege de suyvir sa clameur semond le recongnoissant du voisine qui il soit aux premieres Assizes du Bailliage a recongnoistre scavoir se le fief que B. demand est lemosne a celuy qui le tient ou le fief Lay a celuy que demand le veue soit tenne dedens ce c. If A. gives Pledges to pursue his Claim summon a Recognition of the Vicenage to be at the first Assizes of the Bayliwick to discover whether the Fee which B. demands be Almes to him that holds it or Lay-Fee to him that exacts it Let there be a View taken of it c. no man in Normandy could make a Lay-Fee pure Almes without the Grant and special Assent of the Prince for he had the Jurisdiction and Seigneury of all the Lay-Fees in Normandy If the Jury was brought to a rien Scavoir non scire or Ignoramus then the Church had cognisance of the Plea 'T is said in this Chapter it was a Custom in Normandy long ago C. 119. Courtesie of England that if a Man married a Woman and had a Child by her born alive if both she and the Child died he should hold all the Land that came by his Wife during Life The Glosse says that if his Wife were with Child by him though born dead yet the Husband should enjoy the Estate for that it was not his fault that the Child died or no defect in him that it was not preserved Desrene or Disrainia or Law-Simple was always amongst Equals C. 123. c. 85 86. Glanv l. 8. c. ◠Desrene wager of Law The Case put in the old Customer La loye doibt estre Gaigee and men of the same condition and it was a Law in Normandy by which a man that was impleaded in a simple Plea made it appear that he did not or was not guilty of what his Adversary charged him with which was performed by his own Oath and the Oaths of two others at least A man lends another five Shillings who promiseth to pay it at Easter if he denies it the Law is to be waged that is the Debtor is to swear he ows no such sum and others are to swear with him they believe his Oath to be true Whoever hath read our old Law knows it to be the same with this allowing some not many or very great Variations and therefore needless to add any abstract of that by way of Parallel But I must desire the Reader to note that from the time wherein Glanvile wrote which was in the Reign of Henry the Second to the time of Henry de Bracton who was a Judge in the Reign of Henry the Third the Subtleties and Niceties of our Antient Law were so much increased and multiplied that it became very bulky and dilatory as well as perplex'd and intricate Amongst others we find in the old Norman Law our Writ of Right or Grand Assize the four Writs of ordinary (d) So called for that the time in these Writs was limited within and from which the Action was to be brought so * Lib. 13. c. 32. See also Cl. 2◠Henr. 3. m. 17. dors where the times are limited for bringing Actions by these Writs Glanvil Cum quis itaque infra Assizam Domini Regis id est infra Tempus à Domino Rege de concilio Procerum ad hoc constitutum quod quandoque majus quandoque minus censetur alium injuste sine judicio disseisiverit de libero Tenemento suo Disseisito hujus Constitutionis beneficio subvenitur Tale Breve habebit Assizes that is of Novel-Disseisin Mort D'auncestor D'arrein Presentment Vtrum By the manner of Tryal both in England and Normandy after the View taken and by the Judges in both places expounding
such a Freedom as this was only good against his Lord for if he was produced as a Witness in Court against a Stranger or to wage Law he might object against him that he was born a Villan that is descended from Bond or Villan Parents and if it were proved he might justly be set aside although he was made Free by Knight-Hood The second way of being made Free which was a second way of redeeming Men from Servitude A third way was The third way [2] Ibid. if a Bondman lived quietly a year and day in any privileged Town so as he was received into the Common * That is was either Alderman of Common-Council-Man for the Magistrates and chief Citizens were properly the Gild or Corporation and transacted the the Affairs of Corporation The fourth way Gild as a Member of it That made him Free from Villenage A Fourth way was by Exchange when Base and Vile Services were turned into Rent and that was advanced and paid pro omni Servicio This put the Villan out of all Servitude especially as to his own Person for if the Lord had no Service to command him but the payment of his Rent he was free This is co-incident with the first way by purchase and favour And that there were many manumitted by Grace and Favour of their Lords conditionally at least upon their desire to serve them in the Army it cannot be doubted by any man that doth consider the Usurpations of William Rufus and Henry the First upon their Elder Brother Robert and the long Civil War that attended them The Usurpation of King Stephen upon Maud the Empress and her Son King Henry the Second and eighteen years Wars between them and the War and Differences between King Henry the Second and his Son Henry The Barons Wars in the Reigns of King John and Henry the Third But that the Barons and Military Men and the Bishops and Clergy did Manumise and make Free many of their Clients Bondmen and Villans and did make their Tenures more easie to draw and fix them to their Interest and Party Lastly Time and Desuetude have made the most Free The last way Villenage at this day being rather antiquated and disused than nulled and taken away by Law for when Free-men or Customary Tenants grew wealthy and able to stock a good parcel of Land themselves or were of such Credit as the Lords could trust them with their Stock they then turned their Lands into Farms and instead of Works and Services reserved Rent in Money Corn or otherwise and left the improvement to the Farmer who took to his own use what he could make more of his Farm than he paid to the Proprietor so that the Lords had no need or use for so many Customary Tenants to Plough their Lands c. Cotars Servile People and poor The Labouâ—ers in our â—imes are Gentlemen in â—espect of â—hose wretchâ—d People miserable Laborers as before and they were glad to work for small Wages little more perhaps than for Meat and Drink rather than to be under immediate Servitude to their Lord for it cannot be thought though their Servitude as to the Correction or their Bodies and other Severities was lessened but that still they remained in a Servile State and that the Lords commonly turned over their Works to their Farmers who looked better after them than they could do and saw they laboured more and loytered less yet if they otherwise used them inhumanely or made their Conditions such as might not be indured without extreme misery they had a Remedy against these by Law which they could not have against their Lords And in time and by degrees they insensibly crept into more Liberty as there was less occasion for their Services and at length perhaps it was almost as much trouble to look after them as their Work was worth by which means Villenage became more and more easie until at last it was almost worn out and not regarded and many small Victuals Rents Fowl Capons Hens Eggs c. and small Rents in Money Pence Half-pence Farthings Half-farthings that the poor Villans paid were neglected and lost and the Way and Manner of Living of the Nobility Gentry and Proprietors quite altered and changed And more within the last Hundred and fifty years than in all the time after the Conquest For since Foreign Trading Commerce and Merchandising hath so much increased the Delicacy Softness Pride and Luxury of the People have proportionably grown up with them and were at first in a great measure brought into this Nation with them But all this Freedom obteined by Bondmen or the Freedom of others who were born Free and were Heirs to or had Purchased a small parcel of Land of Socage tenure that is privileged from Services was only personal they were not indeed Bondmen as to their Persons they were Free from Servile Works and Services or if they performed any as many of them did they were known certain and easie They neither had nor pretended to for several hundreds of years that Liberty nor those now esteemed Priviledges then thought Burthens which those sort of men are possessed of and now injoy For first though their Persons and Issue of their Bodies were Free from Servile Works and they were not Bondmen which was the only and true notion of those Freemen in those times yet they were not all together sui Juris for as to the Government and for the keeping of the Kings Peace all the Freemen or People in England were Bondmen either in their own Persons or by their Fidejussors and such as undertook for them and were [3] LL. Etheâ—red in Lambard c. 1. Magna Charta c. 35. Bracton p. 124. b. Briton c. 29. p 72. b. p 73. b. The Glossary to my Introduction c. f. 55. F. and f. 56. throughout bound ten Masters of Families one for another for their own keeping the Peace and Good Behaviour as likewise for their Children Servants and Families except Cleres Knights or Tenants in Military Service their Wives and Children and these Men so Bound were called Free Pleges and perhaps this Old Law is not so much out of force but that Sheriffs in their Turns and Lords of Maners in their Leets may put it in practice if there should be necessity of doing it Secondly The serving on Juries at the Assises and Sessions and that and their Suit and Service to or in County and Hundred Courts which now is accounted a great privilege and their Birth-rights when they have a mind to do mischief was in the times we Write of esteemed a Burthen from which all Tenants in Ancient Demeasns were Free by Tenure all or most Abbies and Monasteries by Charter and many particular [4] Stat. of Malebourh c. 4.52 Hen. 3. Persons as Knights and others purchased of the King Charters of Exemption from being Impannelled in Assises Juries and Inquests which they would not have done had they
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
Witness Roger Bishop of Salisbury William de Curcey and Adam de Port at Winchester In these times and for a Century or two of years afterwards the Trials for Lands and Goods in the * See the old Registers Leigers Couchers and Histories of the Great Monasteries Ely Bury Ramsey Abendon c. County * See the old Registers Leigers Couchers and Histories of the Great Monasteries Ely Bury Ramsey Abendon c. Hundred and Lords Courts were very considerable and for good Quantities of Land and the Suitors to the Hundred and County Courts were as considerable all Men especially of the Laity of what Quality soever within the Hundred ought their Attendance there as appears by this Writ Henricus [1] Monast Angl Vol. 3. f. 262. Col. 2. n. 50. Rex Angliae omnibus Baronibus Vavasoribus omnibus Dominis qui Terras Tenent in Well-Wapentach Salutem Praecipio quod omnes veniatis ad placitum Wapentachium Episcopi Lincoln quod de me tenet per summonitionem Ministrorum suorum Et facietis ei omnes Rectitudines consuetudines in omnibus Rebus quas ei debetis de Terris vestris ad illud VVapentachiumâ— ita bene plenarie sicut unquam plenius fecistis Roberto Episcopo vel alicui Antecessori suo quas juste facere debetis nisi feceritis ipse vos justiciet per pecuniam vestram donec faciatis ne perdam pecuniam meam quam Episcopus mihi inde reddere debet Teste Episcopo Sarum G. Canc. apud Fereham Henry King of England to all Barons Vavasors or Knights and Lords of Maners which hold Lands in Well-Wapentach Greeting I Command that you all come to the * The same with an Hundred VVapentach-Court of the Bishop of Lincoln which he holds of me at the summons of his Bailiffs and perform to him all Services and Customs in all things which are due to him from your Lands at that Court so well and fully as ever ye performed them to * Robert Bloet who died Jan. 10. A. D. 1122 Alexander succeeded him and was consecrated A. D. 1123. Jul. 22.23 Hen. 1. Robert the Bishop or any Antecessor of his and which ye ought justly to do and unless you perform them he shall Distrein your Goods until you do it lest I lose my Rent which the Bishop is to pay me for the VVapentach Witness the Bishop of Salisbury and G. the Chancellor at Fereham In the [2] Append. n. 34. eighteenth year of Henry the Third He by Advice of the Major part of the Bishops Earls and Barons Expounded the 35th Chapter of Magna Charta where there had been care taken about the keeping of the County Court Turns and Leets but not about Hundred or VVapentach Courts and Lords Courts In which Chapter there was a Clause That all were to have their Liberties they had or used in the time of King Henry his Grandfather And it having been proved before them that Hundreds and Wapentachs and Lords Courts were then holden every Forthnight which was thought too often and too great a trouble to the Suitors yet seeing the two Turns were not sufficient to preserve the Peace of the Nation nor to Correct the Injuries done to Rich and Poor which was part of the Business of the Hundred Courts it was provided that between the two Turns Hundreds and Wapentachs and the Courts of Great Men should be holden from three Weeks to three Weeks where before they had been holden once in a forthnight so as there should not be made a General Summons to those Hundreds Wapentachs and Great Mens Courts as there was to the Turns But there should only come to them the Plaintiffs and Defendents and those which * By their Tenures and held Lands by doing Suâ—t and Service at those Courts ought Suit to them That Trials might be dispatcht and Judgments made which are done by the Suiters unless in those Hundreds there ought to be Inquisition made of Pleas of the Crown as of the Death of a Man Treasure found and the like for the Inquiry to be made after them they should come with the Suiters all of four of the next Towns that were necessary to make such Inquisitions Notwithstanding this Provision the Attendance upon these Courts was thought a great burthen and trouble and therefore two years afterwards [3] Stat. of Merton c. 10. it was provided and granted That every Free-man that ought Suit to the County Trihing Hundred and Wapentach or to the Court of his Lord mighty freely make his Attorney to do those Suits for him So that this way the Great Men made a Law to excuse their Lands and selves from this Service and gave some small parcels of Land to some ordinary inconsiderable men to do this Drudgery for them Land then was the price of all things the very Houshold Servants had Land allowed them for their annual Wages Nor was that which is now accounted a wonderful Priviledge then thought any other than a vexation and trouble seeing many Knights and considerable Men purchased of the King Charters of Exemption from being Impannelled in Assises Juries and Enquests and these Exemptions were so frequent and so many [4] Stat. of Marlebridge c. 14. that they hindered the course of Justice and therefore there was a Law made to force them in several Cases to serve upon Juries and Enquests and at length when the small Barons or Tenants in Capite and Military Men began to grow poor and beggerly and had by Law [5] Magn. Chart. c. 32. leave to Alienate what part of their Estates they would leaving sufficient to perform the Services which belonged to the Fee they began to think of * History f. 6â—7 A. B. Representatives to save charges in going to and Attendance at Parlements and by several [6] See Glossary to my Introduction c. â— 62. c. c. undue Practises and Laws to force the trouble and vexation as it was then esteemed of serving and waiting at Assises Sessions and County Courts upon Men of mean Estates and meaner Understandings Parts and Abilities These Trials for Lands before the County and Hundreds are often to be seen in Domesday Book and in the old Registers Leigers or Couchers of great Monasteries as of Ely Ramsey Bury Abendon Glastonbury c. with the manner how they were recovered the Testimony of the County or Hundred and by such Jurors as most frequently knew the Matter of Fact The Great Matter of Inquiry then was Who had been possessed and who was possessed of the Land or Thing in Contention for by that they most frequently judged of Right For no Estate then passed by private Bargain only but there were some public Circumstances and Ceremonies performed which made the passing of Estates from one to another very notorious and especially those of Investiture or as it was called when much in use Livery or Seisin or when the Charts and Deeds of
of every one a peny and of every one under a year old an half-peny Also they ought an Aid once in a year to their Lord saving their Lively-Hood or Imployment in Husbandry Also they ought to go to Beltisford with their Horses Sacks and Packing Needle to carry Corn to the Granary of Spalding at their own Expences Also they ought to pay yearly for their Residence upon the Maner seven pence Also they ought to pay for every Yoaked Plough that was furnished with Horses or Oxen between Candlemass and the Feast of Saint Buttolph two shillings and four pence Also they could not sell or give their Land without Licence from the Lord Prior. Also they could not plead or maintain a Title by the Kings Writ concerning their Soccage unless by his Licence Also they cannot sell any Horse Colt which came of their own Mares without the same Licence Also they ought to compound with or give a Fine to the Lord for Liberty for their Daughters to Marry The Names of those who put their Seals to this Writing the Seal of Sir William de Albeny of Sir Geofry de Sancesmare Sir Walter de Coventre Sir John Bonet then Sheriff of Lincoln-shire Sir Alexander de Pointon and Sir William de Welle These were undoubtedly some of the twelve Knights by whom the Recognition was made of the Services of the Socmen in the County Court when they denied them and would have asserted themselves free from them Villani VIllanus and Rusticus were almost the same in old Authors so called because they lived in small places in the Country and manured the Lands there and because they were imployed by Lords of Maners in sordid and slavish Works the Word was also used for sordid and slavish People and such were most commonly meant by it See the History fol. 206. F. The Socmen Bordars and Servants the Names I mean were not so usual within a Century or two after the Conquest And instead of them were more frequently used the words Consuetudinarii and Censuarii such as paid Rent and performed Works and Services Cotarii who held poor Houses and some small parcels of Lands by small Rents and few Works but generally more Servile Sometimes by Services only without Rent and Coterelli that is small Cotars or Cotagers by the same though fewer Services and Payments in Rent Hens Eggs Fowl c. and Tofmanni very little different from the Cotars or Coterelli in Tenure and Services for a Toftman notwithstanding the common Notion of a Toft being a decayed Tenement or House was one that possessed a very small House and an Acre or half an Acre or some small parcel of Ground by the same Services with Cotars or very little different from And lastly Operarii whose Works were always uncertain and were poor miserable Labourers that wrought at all times and seasons and did all manner of Works at the command of their Lords and to their only Benefit and these undoubtedly were such as in Domesday Book are said to be Servi in respect of whom all such Customary Tenents Cotagers Villans Bondmen or Nativi that performed certain Works might be called priviledged persons or Socmen All these Men were not exactly of the same condition though of the same Denomination for many times Free-men performed Servile Works in respect of their Tenure though their Persons were Free and oft-times any of the others performed certain or uncertain Works at the Command of their Lords and according to the first Stipulation or Charge upon their Persons or Lands except those that were really Customary Tenents and I am apt to think that in Process of Time all these Names began to be Confounded and Promiscuously used one for another I have by me an old and very exact Survey or Extent of all the Maners belonging to the Bishoprick of Ely made about the middle of the Reign of King Henry the Third where in every Town all these persons are described and distinguished one from another both by the Quality and Quantity of their Works but by the Quantity most frequently By the Statute intituled Extenta Manerii in the fourth of Edward the First all these Servile People of so many different Names pass under two only that is of Customary Tenants and Cottagers in which all the others were then comprehended In the same Book the liberè Tenentes those in Military Service and Soccagers in several Towns are described under the same Title but most commonly the ordinary liberè Tenentes which were very few are clogged with Works and seem to differ not much from the Customary and Censuary Tenants when united in one Tenure consisting in part Rent part Services that were customary and certain many times Works were changed into Rent as also were some part of the Lands holden in Military Service and in this old Extent they are called Novi Feoffati and these and such as these who since the Dissolution of Monasteries which were endowed with a third part of the Lands of the Nation purchased some small parcels of Land holden in free Soccage make at this day the Bulk of the Freeholders For until by experience the conveniency of changing of Works into Rents was approved and until the Military Men had Power by Magna Charta C. 32. and Stat. 18th of Edward the First to alien their Lands leaving sufficient to perform the Service there were but few Free-holders in our now common understanding of them nor had they then by being Free in their Persons and from base Services or Works any Interest or real Power or the least share in Transacting Public Affairs or were any ways concerned in them but were Free only from Villenage and Servitude and were Sui Jurii at their own disposing so far only as like Villans and Bondmen they were not under the Power and absolute Command of other men that is their persons were free and they might dispose of what they had without let or hindrance of their Lords of whom they held their Lands ERRATA FOl. 5. lin 16. dele ae f. 14. l. penult r. Brigantes f. 18. l. ult r. Claudius f. 27. l. ult in note r. Vrbicus f. 35. l. 1. r. Ariminum f. 37. in the notes change y for u and u for y. f. 38. instead of z in the notes there ought have been * f. 42. l. 12. r. Turnacensium Ibid. in note l. 8. r. Loir f. 44. in note r. Tigrisienses f. 60. l. 5. r. Gemblacensi◠f. 70. l. 20. r. Allodium f. 71. F. l. 45. r. vivus f. 78. l. 23. r. or f. 82. in note o r. Munumitted f. 84. l. penult r. Priests f. 126. in note q r. Giraldus f. 132. l. 13. r. matter f. 134. l. 21. r. Algar f. 142. in note ◠r. Ferrariis f. 153. in note l. 1. r. Seon. Ibid. l. 5. r. Writ f. 158. in note e l. 7. r. 1. Johannis In eadem l. after Castle insert and. Ibid. l. 10. r. 7. Johannis f. 170. l. 8. r. Another f.
brake the Ranks of the Britains which had neither Helmet nor Armor to defend themselves and being hedged in between the Legionary Soldiers and (x) The Legions were taken out of the Body of the Romans the Auxiliaries were such Forces as the Neighbour and Confederate Countries sent unto them Auxiliaries were most of them slain Caractacus his Wife and Daughter taken c. He is Betray'd by Cartismendua This was a Famous Victory wherein Caractacus his Wife and Daughter were taken his Brothers yielding themselves but he escaping to Cartismandua Queen of the Brigantes against her Faith and Obligation to him was deliver'd bound to the Romans having maintain'd War with them 9 Years as Tacitus but as Dio more clearly relates it only Seven his Fame was spread through the Isle and Provinces adjoyning and his Name Celebrated in Italy many desiring to see who he was that had withstood and contemned the Roman Power so many years They spake not Ignobly of him at Rome and Caesar by extolling his own Victory added Glory to him he had Conquer'd being brought thither the People were Convented as to some famous Spectacle the Emperors Guards were orderly placed in Arms then came first the King's Servants with the Trophies won in other Wars next his Brothers Wife and Daughter last of all himself The Carriage of others was low and pittiful he only behaving himself like a brave Prince and bold Britain both in Words and Gesture That by his Speech and Constancy of Mind he so prevail'd upon Caesar as to Pardon and Release him his Wife Daughter and Brethren they all unbound applaud and thank him as also his Wife Agrippina who sat by in a Chair of State a new and unaccustomable thing for a Woman to preside among the Roman Cohorts and Ensigns To Ostorius a Triumph is Decreed the Senate esteeming this act of his equal with theirs that had shewn in Bonds to the Roman People the greatest and most renowned Kings after this his Success proved ambiguous or began to decline whether because that Caractacus the object of his Valor being removed he supposed he had made a Compleat Conquest and therefore prosecuted the War the more carelesly or else that the residue of the Britains commiserating the Misfortune of so great a Prince did meditate Revenge and fell upon the Legionary Cohorts left behind to establish Garrisons amongst the Silures The Silures Arme killing the Prefect and Eight Centurions besides many of the stoutest Soldiers and had not speedy Relief come from the adjoyning Forts and Castles they had put all the rest to the Sword nor was it long after that they beat and routed the Roman Forragers and the Troops sent to their Assistance Ostorius sending fresh Recruits could not stay their flight until the Legions came in by whose power the Battle was made equal and afterwards inclined to the Romans the Britains escaped with little loss because the day was spent The chief Motive that induced the Silures to Arm was a report Tiberius Claudius c. Nero Claudius Caesar Anno Dom. 56 c. that the Emperor should say He would root out the very Name of them they therefore intercept Two Auxiliary Cohorts by the Avarice of their Commanders securely plundering and liberally distributing the spoyls and captives amongst them drew others to Revolt troubled at these things Ostorius dies the Britains rejoycing And Why. Ostorius Dies although no Battle had taken him off yet a cross War had worn out so great a Soldier Caesar being advertis'd of his Death Aulus Didius made Lieutenant sends Aulus Didius in his place who notwithstanding the hast he made found things in great disorder Manlius Valens having with his Legion encountred the Britains with ill success the Silures made Inrodes into the subdued Country until they were repelled by Didius After Caractacus was taken Venusius next to him in Military knowledge a Prince faithful to the Romans and protected by them so long as his Queen Cartismandua continued Loyal to him she being Queen of the Brigantes and much in the Romans favor for betraying and delivering up Caractacus rejected her Husband Tacit. Hist lib. 3. cap. 45.380 Marrying Vellocatus his Esquire and making him King The War at first seemed private amongst themselves until she had by craft taken Venusius his Brother and some other of his Relations who by the help of his Neighbors and the defection of the Brigantes abhoring so base an act soon reduced her to great extremity she Tacit. lib. 12. Anno 198. begging Aid of the Romans who after a sharp and doubtful Conflict in the end obtain'd the Victory rescued the Queen from danger took the Kingdom from the King and brought a War upon themselves The like success Caesius Nasica had with his Legion Didius Superannuated for Didius himself growing old and fitter to Direct then Execute used the Ministery of other Men designing to keep what his Predecessors had gotten built only some Castles and places of strength within the Land This was the state of Affairs in Britain when Claudius died leaving Nero Claudius Caesar his Adopted Son to succeed him 'T is probable the Christian Religion was brought from Rome into Britain in Claudius his time either by such as returned with the Romans that were Banished with Adminius by his Father or by such as might return again after his first or second Triumph whether Slaves or Hostages for no doubt but he had of both these sorts of People Captives from such as he Conquer'd and Hostages from such as yielded both which served to adorn them and were exposed to publick view for the greater Celebrity of these Triumphs so that whereas Gildas says The entrance of Christianity was Summo Tiberii Caesaris it must be understood of this Tiberius Claudius Caesar Christianity first in Britain Suet. Claud. c. 17.526 for from the time that Julius Caesar left this Island it was attempted by none until Claudius neither is Gildas his Relation certain but conjectural only and is to be expounded according to the sense of Eusebius from whom he had it as appears by his mention of the Edict of Tiberius which I find no where else unless related from him and is to be understood of the first and general propagation of Religion through the World which Eusebius there recounts Euseb Eccles Hist Bas Ed. lib. 2. c. 2 3. and by conjecture only or as it seemed to him probable consequence in Britain also But by whom the Gospel was brought hither is uncertain and whether by Jacobus Zebedaeus Simon Zelotes Antiq. Brit. c. 1. Simon Peter St. Paul or any of them it is not sufficiently made appear by Archbishop Parker Nero Claudius Caesar Anno Dom. 58 60 c. Bishop Godwin Archbishop of Armagh Sir Henry Spelman or any of the Anglican Church nor proved by Cardinal Baronius Father Parsons Father Alford or any of the Romish Persuasion De Pras l. Ang. c. 1.
of any Crime and had no Compurgators no Consacramentales or Conjuratores to Swear with them [7.] Ll. Canut Part. 1. c. 5. Gato Corsnaed let him go to the Tryal of the Decretory or Execrated Morsel The manner of giving this Barly-Bread or Morsel of Cheese Marculph 8. delivers thus After the Litanies and Offices for this purpose and the Barly-bread or Cheese Sanctified [8.] Form fol. 1037.1038 and Exorcised and the Accused Person Acceperat Communionem had received the Communion it was offered with this or such like Form of words there mentioned Ad adpositam ei pro ostentione veritatis creaturam panis sanctificati vel casei faux ejus claudatur guttur ejus stranguletur in nomine tuo ante id rejiceretur quam devoretur innoxius vero inscius sobrie ad salubritatem sui cum omni facilitate hanc partem panis vel casei in nomine tuo Signatam manducando diglutiat Vt sciant omnes c. That is Let his Jawes be shut against the Creature of Hallowed Bread or Cheese which is forced upon him for the demonstration of Truth Let him be Choaked and in thy Name let it be cast up again sooner then swallowed but if he be Innocent and knows nothing of the Theft Murder Adultery or Wickedness wherewith he is charged let him with ease and health swallow this Morsel or Piece of Bread or Cheese Signed in thy Name Why our English Saxons called it Corsned Cursed Particle and Morsel or Execrated Bread when as from Marculph 't is clear it was usually Hallowed and Consecrated I know not unless from the wishes in the beginning of the Form at the forcing it upon such as were to undergo the Tryal or that they believed it proved a Curse sometimes to them From these we pass to the Lawes concerning the Germans and English-Saxons Real Estates their Lands and Titles how they held and claimed them And these were but very few considering the multiplicity of the other both here and in Germany Battel or Duel Faed Edovard and Guthrin c. 9. Ll. Ethelstan c. 7.21 23. Ll. Inae c. 55. Canut 20. Ll. Frison Tit. 3. § 1 2 3 4 5 6. Tit. 14. § 3 4. * Fire Ordeal Capit. Car. in append Secunda lib. 4. n. 3. n. 33. Add. Lud. lib. 4. Tit. 80. Ll. Angl. Tit. 15. Frison Tit. 5. § 1. Mr. [9.] Gavelk fol. 112. Somner sayes There were but two sorts of Tenures here in the Saxons times before the Conquest [1.] Ll. Ed. Sen. c. ll Bockland and Folkland to which two all other sorts of Land might be reduc'd Bockland as [2.] Gloss in verbo Terrâ ex Scripto Bockland and Folkland What Lambert sayes was free and hereditary and was a possession by Writing the other without That by Writing was possessed by the Free or Nobler sort that without called Folkland was holden by paying Annual Rent or performance of Services and was possessed by the Rural People Rustick's Colon's or Clowns In those times these Writings [3.] Spelm. Concil fol. 319 A◠800. Concil Clovisho c. 2 3 6. were called in Latin Libelli terrarum Landboc's and Telligraphia and Livery and Seizin was then made and given by [4.] Somner ut supra p. 12 13. delivery of a Turfe taken from the Land with the Writings This Bockland could not be alienated without [4.] Somner ut supra p. 12 13. the Kings consent it was a Royal Prerogative in the King only to grant it and it was forfeited also to the [5.] Ll. Etheldred p. 1. c. 2. King by him that deserted his Lord either in a Sea or Land-Expedition This was called Terra testimentalis hereditaria Land inheritable and Deviseable by Will Unless the first purchaser or acquirer by Writing or Witness had prohibited it And then it could not be sold or disposed of from the [6.] Ll. Alured c. 37. Bockland and Allodium nearest Kindred This Bockland was of the same nature with Allodium in Doomesday holden without any payments nor chargeable with Services to any Lord or Seigniory and though the Name was almost quite lost yet the thing remained under the name of Allodium and the Lands possessed by the Allodiarii mentioned in Doomesday Somner Gavelkind p. 120 121 122 c. yet these Lands holden in Allodio or Alodium were not altogether free but subject to the general Land-Tax of Hidage as all other Lands were As appears in Doomesday-Book in all places where Alodium is mentioned As in Hantescire in Tit. Terra Hugon de port idem ten Cerdeford Willielmus de eo duo liberi homines in Allodium tenuerunt Tempore Regis Edwardi T.R.E. tunc modo Geld. pro 5 Hid. fol. 44. b. in Bermesplet Hund. Ipse Hugo ten Dummere unus homo suus de eo Alric tenuit de R. E. in Allodium tunc modo se defendit pro 5 Hidis fol. 45. b. That is Hugo de Port holds Cedeford and William of him two Freemen held it in Alodium in the time of King Edward then and now it gelded that is paid Geld or Hidage after the rate of 5 Hides c. And not unlike these Lands holden in Alodio were and are those in Normandy of the same Tenure Les terres de franc Alleu sont celles qui ne recognoissent superieur in Feodalite ne sont Sujetts a faire ou payer aucun Droits Seigneuriaux Reform Custum Artic. 102. That is Lands of Franc Alleu or free Alode are such as acknowledge no superior in feudality and are not subject to do or pay any Seigneural Rights Godefroy upon this Article says that these Lands notwithstanding their Freedom were subject to the Justice Royal or Justice of the place where they lay and might be confiscated Confiscation being an Appendant or fruit of Jurisdiction and therefore 't is added here in Feodality to shew it was exempt onely from Superiority and Jurisdiction Seigneural so that the Possessor might sell and dispose of it at pleasure without leave of any Lord or Superior Much of this Land there was in the Diocess or Viconte of Bajeux where Odo was Bishop who was also Earl of Kent here after the Conquest Berault fol. 714. and there was also the Custom of Gavelkind and 't is probable many of the People under his Jurisdiction in Normandy might translate themselves into Kent and bring those Customs with them But besides these two Saxon Tenures there are Lands and Possessions mentioned by other Names in our Saxon Laws as Gafolland Rent-Land or Farme-land Foedus Alured and Guthr c. 2. Gafolgylden hus an House yielding or paying Rent or Gable Ll. Inae c. 6. Inland There are also mentioned Inland or the Lords Demeasnes which he kept in his own hands and Neatland which is called Vtland or Outland Utland or Outland in [7.] Lamb. peramb. Kent p. 495.1 Edit Spelm. Gloss in verb. Byrthrics Will Terra Villanorum and
Thomas in the Archbishoprick for there never was one of that name Archbishop but was his Antecessor in the Possession of the Soke of these ten Bovates of Land which Soke was Mortgaged or the Gage assigned to the Archbishop who was a Norman for three Pounds Ibidem Clamores in North-Treding Lincoliae In Limberge Clamat Ivo Tallebose super Regem vi Boxat Terrae Dicunt homines Comitatus quod ipse debet habere Terram Rex socam Very many more Pleas there are of Titles and for the Possession of Estates of different sorts before the Counties Hundreds Wapentacks Tredings or Trihings in the Conqueror's Survey but all between Normans and Normans or those and King William or between Bishops Religious and Ecclesiasticks and the King or Lay Normans who had seized church-Church-Lands and no Pleas of Titles between English Saxons or between them unless they were Church-men or Religious and Normans Nor no such fabulous Pleas as the pretended Plea of Sharnburn of which more afterwards From the Time of the Conqueror A Writ from William Rufus for assembling the County we proceed to the Reign of William Rufus and in the very beginning of it we find this Writ or Precept directed to the Sheriff of Northamptonshire [1.] Spelm. Gloss verb. Tain-land ex lib. de Rams Sect. 178. Willielmus Rex Angliae W. de * A Norman who came in with Conqu vid. Cataloge Cahaniis salutem Praecipio tibi ut facias convenire Shiram de Hamtonâ judicio ejus cognosce si Terra de Isham reddidit firmam Monachis Sancti Benedicti tempore patris mei si ita inventum fuerit si in Dominio Abbatis sit vero Tainlanda tunc fuisse invenietur qui eam tenet de Abbate teneat recognoscat Quod si noluerit eam Abbas in Dominio habeat vide ne clamor inde amplius ad nos redeat Teste (l) This was William de Carile former Bishop of Duresm and [4.] Malms de Gestis Reg. fol. 67. b. n. 30. Justiciary of England in the beginning of Rufus his Reign W. Episcopo Dunelm There is also another Precept of this King cited by the same learned Sir [2.] Glossar fol. 303. col 1. A Trihing Court Henry Spelman which runs thus Willielmus Rex Anglorum H. Camerario salutem facias convenire consedere tres Hundredas dimid apud (m) The place where the Hundred of Freebridge citra Lynn in Norfolk used to meet Flicchamburch propter Terram illam de Holm quae pertinet ad Ringstedam quam Abbas Ramesiae clamat ad victum vestitum Monachorum suorum si Abbas poterit respondere ratione Testimonio comprovincialium quod Antecessor illius eandem terram habuerit eâ die quâ pater meus fuit vivus mortuus Tunc praecipio ut illam Terram omnia quae justè pertinent ad Abbatiam suam pacificè honorificè habeat Teste (n) Roger Bigod was then neither Chancellor nor Justiciary of England but Earl of Norfolk in which County the Plea was held R. Bigod apud Wendesoriam To these may be added a Charter of Henry the First A Charter of Henry the First for holding County and Hundred Assemblies for the holding of County and Hundred Meetings published [5.] Glossar fol. 302. col 2. by the same Author Henricus Rex Anglorum (o) He was a Norman and Canon of Baieux made Bishop of [1.] Godw. de praes An. f. 509. Worcester 1097. Samsoni Episcopo (p) He is sometimes called Vrso de [2.] Doomes in Wircestreshire Wirecestre and sometimes Vrso [3.] Dugd. Baron f. 406. c. 2. Urso Vice-comes Vice-comes he being Hereditary Sheriff of Worcestershire came in with the Conqueror and had forty Hides of Land in Worcestershire besides two Lordships in Warwickshire and one in Glocestershire Vrsoni de Abitot omnibus (q) Barones here [4.] Vid. Spel. Gloss verbo Baro. are to be understood Milites such as held by Military-Service or Barones Minores Lords of Towns or Manners or perhaps Free-holders which if any then they were of better account before Town-ships Manners and Lands were parcelled but into small Divisions Baronibus Francis Anglicis de Wircestrescira salutem Sciatis quod concedo praecipio ut amodo comitatus mei [5.] Godw. de praes An. p. 233 Hundreda in illis locis eisdem Terminis sedeat sicut sederunt in Tempore Regis Edvardi non aliter Ego enim quando voluero faciam ea satis summoneri propter mea dominica necessaria ad voluntatem meam Et si quando exurgat placitum de divisione Terrarum Si interest (r) Noble men the King's Barons such as held immediately of him Barones meos Dominicos tractetur placitum in curiâ mâ—â si inter s Vavasores duorum Dominorum tractetur in comitatu hoc duello fiat nisi in eis remanserit Et volo praecipio ut omnes de comitatu eant ad comitatum Hundreda sicut fecerunt T. R. E. nec ramaneant propter aliquam causam pacem meam vel quietudinem here wants non habebunt I guess qui non sequuntur placita mea Judicia mea sicut tunc Temporis fecissent Teste R. (t) Richard de Beaumes a Norman consecrated 5. 1108. Episcopo Londinensi R. Episcopo Ranulpho Cancellario R. Comite de Mellent apud Radinge Henry the First reserves a Power for his own business to convâ—ne the County or Hundred at pleasure And reserves the Controversies of his great Barons to his own Court Here Henry the First reserves a Power of convening the Hundred and County when he pleased for his own proper Business And also reserves the Controversies of the great Barons that held immediately of him to be agitated in his own Court permitting the Trials between the Vavasors or greater Tenents of two mean Lords to the County This method of deciding Controversies and Variances was in use in Henry the Second's Reign as appears by this [6.] Dugd Orig Jurisd fol. 23. col 2. Writ (u) He was * Gul. Pictav 202. c. Son of Roger de Bellomont [6.] Gemet 3â—2 A. B. Robert Earl of Leicester who he was Grandson to Turolf of Pont Adomar by Weva Sister to Gunnora first Concubine then Wife to Richard the First Duke of Normandy Great Grandfather to the Conqueror Robertus comes Legecestriae priori de Ely Salutem Praecipio quod sine dilatione teneas plenum rectum Humfrido filio Gaufridi de terrâ Dunnigeland nisi sit feodum Militis nisi remaneat pro Assiza Regis Et nisi feceris Episcopus de Ely faciat nisi fecerit ego faciam Here the Earl of Leicester commands the Prior of Ely to do the Demandment right in his Court which was probably a Court Baron if not the Bishop should in his Superior
Sickness or other Impediment before Battel then by this or that Person as many as he would which were present and shewed in Court who had seen and heard of the thing in Controversie or thus and this I am ready to try by this my Free-man D. unto whom his Father on his Death-bed injoyned upon the Duty of a Son which he ought to him that if at any time he should hear of a Suit for that Land he should adventure himself by Combat to prove it The Tenant had his choice to defend himself by Duel or Grand Assize as that which his Father had seen and heard the claim of the Demandant thus heard it was in the 8. choice of the Tenent to defend the same against the Demandant by Duel or put himself upon the Great Assize of the King and to require a * Enquest recognoisant Grand Custom c. 92. Recognition which of them had most Right in that Land [9.] Ibidem And if he would defend it by Duel he was then obliged to defend himself against the claim of the Demandant in the very words it was made either by himself or some other fit Person And that the Combat once waged he that held the Land ought to defend it that way and could not afterwards put himself upon the Great Assize [1.] Ibidem And note before the Duel began it was necessary for the Demandant to appear in Court and have his Champion there ready to fight nor might he bring any other than one of those he first shewed in the Court upon whom he put the Dirationation or proof of his Cause [2.] Glanvile lib. 2. c. 3. The Champion of the Demandant ought to be such an one as might be a â—it Witness nor could the Demandant prosecute his Appeal in his own Person because that could not be done but by a fit Witness who had heard of and seen the thing in question [3.] Ibidem Note also that the Champion Defendant could not in the Court produce in his place any other to undertake the Combat than his own Legitimate Son [4.] Ibidem But it often happened that a Champion was hired for reward to make Dirationation or proof of the matter controverted against whom if the adverse Party should except that he was less fit because he had taken a reward or been hired and being ready to prove the same against him if he should deny it by himself or by some Person who saw him take the Reward Principale duellum remanebit he should be heard and the principal Duel was to remain or be stayed [5.] Ibidem And if he was hereof convicted and the Champion of the Plaintiff vanquished in Combat then his Master or Patron lost his Suit and the Champion as being conquered lost the Law of the Land that is to say afterwards he was never to be admitted in Court as a Witness to make proof or Dirationation of any thing for any other man by Battel [6.] Ibidem But for his own self he might defend his own body or prosecute an injury done to him as breach of the King's Peace and might also defend the Right of his Fee and Inheritance by Combat [7.] Ibid. c. 3. In fine The Punishment of a Recreant The Battel ended the vanquished Person was (d) This was a great Penalty in those days and in the Saxon times one of the highest for great Crimes as appears every where in their Laws punished sixty shillings as a Recreant or Coward and moreover lost the Law of the Land [7.] Ibid. c. 3. In fine The Punishment of a Recreant And if the Champion of the Tenent or Defendant was overcome his Lord Patron or Master lost the Land claimed with the Profits and Commodities found upon it at the time of Seisin And could never afterwards be heard in Court again for the same for those things that were determined in the Kings Court by Duel were to remain firm for ever and thereupon a Precept was directed to the Sheriff That the Victor should have the Land which by Combat was proved to be his and should be put in Seisin of it by this [8.] Ibid. c. 4. A Writ of Seisin to the Victor after Battel Writ The King to the Sheriff Greeting I command you that without delay you cause M. to be seized or give him Possession of one Hide of Land in such a Town concerning which there have been a Plea or Controversie in my Court because the said Hide of Land was adjudged to him in my Court by determination of Combat witness Ranulph c. [9.] Ibid. c. 5. Thus it was if the Demandant prevailed in the Combat but if his Champion were overcome then the Tenent or Defendant was acquitted from his claim Thus much Glanvil of Tryal by Combat in Civil Cases In Criminal Cases it was also used Duel or Battel in Criminal Cases but more especially in Appeals of Treason and Murder And the manner of this Tryal [1.] Lib. 3. c. 18 Bracton delivers beginning thus of those which are taken for any Crime or great Felony as for the death of a man c. [2.] Ibid. n. 3. when the Delinquent was brought forth and accused in Court and confessed the Crime there was sufficient ground for a full and compleat Judgment But if he denied it and any one Appealed him of the Crime and that he did not except (e) There were many Exceptions to be taken many several ways in this way of Tryal Exceptions against an Appellant as first to the Person of the Appellant that he was Outlawed Perjured a Condemned Person or formerly had been Recreant and not made good his Proof c. any of which were reason enough to put him by his challenge if proved against the Appellant he had his choice whether he would be tried by his Country whether guilty or not or he might defend himself by his own body that is by Battel if he chose to be tried by the Country and repented him of it he could not try his Case by Duel but must have it decided by the Country and so on the contrary And taking upon him to defend himself by Battel [3.] Ibidem The Judge by his Office ought to examine whether all things rightly concurred for the joyning Battel [4.] Ibidem and if the Fact and Cause were sufficient and all things concurred well to warrant the Combat then the Appellate or Defendant gave Pledges or Security to defend himself and the Appellant to disprove or dirationate him and if the Appellate or Defendant were overcome The Defendant if overcome lost his Estate and Goods The Appellant if vanquished cast into Prison as a False Accuser he suffered capital Punishment and lost all his Estate and Goods But if the Appellant were vanquished he was committed to Prison to be punished as a False Accuser yet he was not to lose either Life
have been in that Language and the Law also otherwise they had said and done they knew not what especially when the Controversies were determined by Military-men Earls or Counts Sheriffs or Vicounts and Lords of Maners that understood not the English Tongue or when the Chief Justiciary himself was a Military-man as it often happened and understood only the Norman Language For this reason Why all Pleadings were in the French Tongue and no other it was that all Pleadings c. were in the Norman-French until by Act of Parliament in [9.] 36 Edw. 3. c. 15. Edward the Third's time they were appointed to be in the English Tongue but entred and inrolled in Latin save that the ancient Terms in Law might still be retained in that Language as being more apt [1.] Sir John Davis in his Preface to his Irish Reports and significant than in any other which seems to be no obscure Argument That the Laws of this Nation except such as have been altered or introduced by our Kings and great Councils or by Act of Parliament were for the greatest and chiefest part of them the Norman Laws and brought in or instituted by William the Conqueror the Subject next to be treated of 'T is not to be thought No Nation governed meerly by one Law that ever any Nation enjoyed one simple Law by its self pure and unmix'd with some of the Vsages and Customs of other Countries especially such as have been often over-run and conquered which do commonly retain somewhat they received from all their new Masters for Conquerors seldom think their Conquest compleat until they have over-turned the Laws and Customs of the vanquished and established such as they think most effectual to establish themselves Nor hath it been yet heard of that the World or any considerable part of it comprehending many and distinct Nations have been governed meerly by one Law but that every of those Nations have had and do retain at least some of their own Municipal Laws agreeable to their own Customs And so doth this Nation retain some of the Saxon and Danish Customs which do not much differ from the Norman seeing they were (b) Cluverius in his [3.] Lib. 1. Germany contained many Nations Antiqua Germania asserts Germany France Spain and Britain to be one Nation and of one Language viz. Celts And also there affirms that Germany anciently comprehended Danemarke Sweden Norway Finmark the Cimbric Peninsula c. And that all or most of those Nations spake the same Language in a different Dialect Neighbours by Situation had the same Language only differing in Dialect and communicated in many Rites and Usages nay joyntly conquered both this Country and Neustria in France They were not People of one Nation that conquered England and Normandy afterwards called Normandy for they were not intirely Saxons Danes or Norwegians or of one Nation that made these Conquests although their greatest Leaders and the greatest numbers of any one Nation might be such but a mixture of all these and several other People of the North parts of Germany Yet that the bulk and main of our Laws The main of our Laws were Norman Laws or at least very different usages of them were brought hither from Normandy by the Conqueror such as were in use and practice here for some Ages after the Conquest is without question And our Tenures for from whence we received our Tenures and the Manner of holding of Estates in every respect from thence we also received the Customs incident to those Estates as Reliefs Aids Fines Rents or Cens Services c. and likewise the quality of them being most of them Feudal and injoyed under several Military Conditions and Services and of necessary Consequence from thence we must receive the Laws also by which these Tenures and the Customs incident to them were regulated and by which every mans right in such Estates was secured according to the Nature of them See Grand Custom throughout and Scriptor Norm 1037 But from Normandy and brought in by the Conqueror we received most if not all our ancient Tenures and manner of holding and injoying our Lands and Estates as will appear by comparing our ancient Tenures with theirs First concerning Fees the Learned [2.] Gloss fol. 218. col 1 The Servitude of Fees brought in by the Conqueror Sir Henry Spelman tells us William the Conqueror brought over the Servitude of them into England who divided all England amongst his Great Men and Chief Commanders and this he says appears from * See Append. n. â—0 where are the Names of all the Normans in every County to whom all the Lands in England were given Doomesday-book And after that the Bondage of Fees was known in all parts of the Kingdom not heard of before in the Saxon times [4.] Somners Gavel p. 102. Berault on Cust Norman fol. 112. The word Beneficium or Praedium was anciently used for Feodum which was not used in any Nation or Country until about the beginning of the Tenth Century from our Saviour's Incarnation [5.] Dudo Sti. Quint. Decan fol. 34. c. Rex viz. Galliae quoque adjecit donationi quam prius Rolloni donaverat totam Britanniam ut per hoc etiam beneficium efficeret illum sibi fidelissimum Vassallum [6.] In lib. de feud disp c. 5. B Hottoman says beneficium datur propter officium quo verbo demonstratur Feudale officium non nisi militare Bellicum fuisse And so [7.] Dudo ut supra f. 85. A. B Rollo upon his acquest of Normandy after having given a Portion to the Church divided Normandy and measured it out to his Chieftains and (c) A sort of Bondmen or Servi in the Saxons time Not but there were a sort of Bondmen or Villains in the Saxons time they had their Ceorls or Gubures their Rusticks Ploughmen and Servi but here he speaks to and means the manner of Servitude which came from Normandy Vassals [8.] Ib. f. 86. B. and in his old Age he called them together and caused them to put their hands between the hands of his Son William Fees originally Military by Popa to whom he had given his Country and bound them to him by Oath or procured them to swear Fealty to him [9.] F. 1. printed at Râ—ven 1620. Mounsieur Berault upon the Customs of Normandy says the Origin and Antiquity of their Customs was not certain but it was very likely they were the Laws of the Normans that conquered Neustria The Conqueror gave Norman Laws to the English and established there by them and that by the example of Rollo William the Conqueror gave the Laws of Normandy in the Norman Language to the vanquished English [1.] Ibidem yet in the Preface to the Chapter of Fiefs he reports from Coquill upon the Custom of the Nevernois and Du Hailan that they were first heard of in Gallia when the Francs
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
Burroughs are held by Custom of the Burrough both which we have and ever had here from the Conquest though not perhaps the former in purâ liberâ Elemosynâ as in the Saxon times The Normans also had Fiefs (f) All Services base and ignoble but Military Services These held by Rent or Cens ignoble Services all * Berault fol 112. and Article 158. Services in ancient times being esteemed base and ignoble but Military Services these were not permitted the use of Arms being only allowed the practise of Husbandry and Merchandise Roturiers the same or very like our Soccage Tenure In Soccage And Bordage and Tenure by Bordage which was a drudging (g) Len doibt Scavoir que acune que tien son fief per vil Service c. And ye ought to know that such as hold their Fiefs or Fees in base Service as Roturiers ought not to have a Court of their Tenents of their own Fee such as Bordiers ceux qui servent a sac a somme which do drudging Services carry Sacks and Burdens c. and others which owe Villain Services as to drain Marshes and Moors to Dung or compast Grounds make Hay and do other Villain Services Grand Custom C. 53. In sine servile Tenure and those that held such Lands could neither give sell nor Morgage them See Grand Cust C. 28 29 30 c. with the Gloss Or servile Tenures Gavelkind there also See Berault in many of the Vicounties They had also a Tenure not much unlike our Gavelkind if not the same as appears there c. 26. de portionibus and this Custom is used to this day in several Vicounties of Normandy and in the Vicounte of Baieux where Odo made Earl of Kent by the Conqueror was Bishop Berault fol. 714.715 and might be brought from thence into Kent by him Having thus briefly given an account how men held their Lands and what propriety they had in them about and for some Ages after the Conquest and the Laws by which they were regulated The second Argument I shall make use of to prove that men held their Estates by the Norman Law The Exchequer in England the same with the Norman Exchequer and that it was the chief Law in use here shall be the consideration of the Court of Exchequer which as * Lib. 1. c. 1.4 Gervasius Tilburiensis de Necess Scac. obs a sure Author reports was here from the very Conquest and instituted according to the Patern of that in Normandy and was erected there by Rollo as Revise saith Notes on Grand Cust fol. 8. [2.] Ib. fol. 9. b. The Authority of this Court was so great that no man might contradict a Sentence pronounced here and not only the Law and the Affairs concerning all the great Baronies of England and all such Estates as held in Capite were transacted there but many Laws or Rights were discussed and many Doubts determined which frequently arose from incident questions for the excellent knowledge of the Exchequer consists not in Accounts only but in multiplicity of Judgments Common-Pleas holden in the Exchequer And Common-Pleas were usually held in this Court until the Eight and twentieth of Edward the First it was [3.] Aâ—tic supra cart c. 4. Enacted That no Common-Plea should be henceforth held in the Exchequer contrary to the Form of the great Charter In this Court sate the [4.] Gerv. Till lib. c. 4. What Persons Judges and Assessors in the Exchequer Capital Justiciary the Chancellor Treasurer and as many of the most Discreet greatest and knowing men real Barons whether of the Clergy or Laity as the King pleased to direct The Business of the Court was not only Accounts and what belonged to them but to Decree Right determine doubtful Matters which arose upon incident Questions to hold Common-Pleas Pleas of sundry and divers Natures judged in that Court as before and to judge what chiefly concerned all Capite Lands and the great Baronies of England The great Officers and other great men that sate here were all Normans or of Norman Extraction which probably neither well understood nor spake the English Tongue nor much less had time to learn know or understand the Common-Law of England being then and ever since the Conquest [5.] His Reading de finibus p. 3. Lex non Scripta [6.] Ibidem divinely cast into the heart of Man as Sir Edward Coke affirms unless they received it this way by Inspiration How then could Judgments be made and Sentence given in this Court by any other than the Norman Law By what hath been said it doth in a great measure appear that the English and Norman Laws were the same yet to make it more plain I will add a very brief Abstract of the old Norman Laws out of the old Customs Jurisdiction was either Feudal or Commissory Grand Cust C. 2. A Brief Abstract of the Norman Laws Feudal was that which a man had by reason of his Fee by which he might do Law or Right in Plaints belonging to his Fee and in all Plaints moved against the Residents within his Fee unless such as appertained to the Dutchy i. e. Royal or Pleas of the Sword or Crown Commissory Jurisdiction was such as was committed to any one by the Prince or Lord to whom it belonged as to a Bayliff C. 3. This was the way to do Justice by forcing the Execution of the Law Seneschal or Provost c. the Prince only had a full Jurisdiction of all Lay-Pleas that came before him That is he might if he pleased judge and hear all sorts of Pleas. Alcun Justicie bien ses Hommes Telle Justice est faict per prendre membres ou fien ou Corps Quis bene Justiciat homines suos Such Justice was done by Caption of Goods the Fee or Body and was called Justicement c. 6. forcing of men to do Justice by one of these three ways according to Law C. 4. Justiciers or Justices Justicier sive Justiciarius Nomen accepit eo quod Justiciandi homines habeat potestatem The Justiciary took his name from bringing men to Justice or doing Justice to them The Justiciaries were Superior or Inferior appointed by the Duke to take care of and guard his Country The greater were the Masters of the Exchequer who had power to amend les Torts the Wrongs which the Bayliffs had done Bayliffs what they were in Normandy The Bayliffs were called the less Justices because they had not power to do Justice out of their Bailywicks which were but seven Principal ones in all Normandy The Bayliff had power to do Justice and Right to the People under him to keep the Peace to end or determine Plaints to destroy Thieves Murderers Burners and other Malefactors Plaints were to be carried to the Justices and they were bound to receive them and to take Pledges for Prosecution to assign a day for hearing to keep a Court and to
put their Judgments in Execution The Subjusticiers were Officers established under the Justiciers to do Execution such were Viscounts Serjeants of the Sword Bum-Bayliffs Bedells or under-Serjeants c. C. 5. with the Coment A Vicount in Normandy was an under Officer of the Law a Pedanens judge and was the very same with a Provost or a Viginer or Vicar who heard small and Ordinary Cases Pasqu Recherch fol. 860. D. Serjeants of the Sword The Office of the Vicount was to hold Pleas of antient Paths Ways Bounds Watercourses c. and to walk the Parish with twelve men of the same and by their Oath or the Oath of the greater part of them to inquire whose Lands lay next the Ways c. and cause them to be amended by those which held the Land accordingly he was to inquire by the Oath of twelve lawful men of Malefactors as Murderers Thieves Traytors Ravishers and other Criminals to keep them in Prison till they were delivered by the Law of the Country These had also under them Serjeants of the Sword who held the Views and made the Summons to them and executed the Precepts of the Assizes and what was judged there and to keep and deliver according to Law Distresses taken The Bedells were the less Serjeants which ought to take the Distress and to do Offices less honourable and to make the lesser Summons and these were in every good Town C. 6. Default Trespassment des Termes sont Appellez defaultes that is such as came not at the time appointed nor appeared in Court according to Summons or when they ought or performed not what they were then to perform were in Default Fealty No man in Normandy could receive Fealty from another without saving his Fealty to the Duke which is to be expressed in doing Homage And therefore the Duke hath the whole Justicement of the body of a man for or by reason of the Fealty that all men owe him If a Lord doth wrong to his man by reason of his Fee the Court then appertains to the Duke if there be no Mesne or Middle-Lord between the Duke and him which by reason of his Fee may have the Court. About Distresses taking Goods and impounding Cattle much used C. 7. as in use with us Of the times when many Lands are to be several or commune C. 8. the Vsage much the same as in England Judges were Sage Persons and Authentick C. 9. So it was in England Who anciently Judges in Normandy Bishops Abbats Priors Canons c. which gave Judgment in Court as Archbishops Bishops Canons of Cathedral Churches and other dignified Persons in Churches Abbats Priors Conventual and Governours of Churches famous for their Discretion and Honesty Bayliffs Knights Serjeants principal and Seneschals of Barons Famous for Knowledge and Honesty every of these might remain in Judgment if the Cause were not their own or they were no ways Parties nor had given Judgment nor were Witnesses in it nor were suspected for Love Favor or Hatred Barons ought to be judged by their Peers and others by all such as cannot be removed from Judgment i. e. such as were not suspected as before Antiently there was in Normandy a greater Justice than all the beforementioned which was called the Seneschal of the Prince C. 10. Seneschal of Normandy He was like the Missi Regales or Dominici in the old Empire or Itinerant Justices anciently that went their Circuits once in two three four five or six years he corrected all inferior Justiciers as Bayliffs c. and removed them from their Offices if he saw it convenient he preserved the Land of the Prince and made to be preserved the Laws and Rights of Normandy to which purpose he travelled every three years through Normandy and visited all the particular Baylywicks and inquired of the Injuries and Excesses done by the Sub-justiciers and also held Pleas of the Sword c. and in all things that belonged to his Office he might cause them to be amended without Pleas or Assizes and in all places where he found any thing amiss he might do as he thought expedient Custom Law and Usage C. 11. Custom Law and Vsage understood and practised in the same manner as in England All such as were Residents in the Dutchy of Normandy C. 14. All the Residents in Normandy sware Fealty to the Duke ought to swear Fealty to the Duke and keep it and therefore in all things they ought to be Loyal towards him and were not to procure his damage nor to give Council or Aid to his manifest Enemies such as were found culpable of any of these things were called Traytors to their Prince and all their Possessions remained to him always The Women in Normandy without consent of their Husbands C 15. could make no Contract or Bargain Wrec belonged to the Duke of great and rich things there named C. 1â— Wrec and of ordinary things to the Lord of the Fee all the Controversies arising from it were to be determined in the Dukes Court. Treasure Trove i. e. found or digged any where C. 18. Treasure Trove belonged to the Duke Waifs belonged to the Lord of the Fee or sometime to the Duke C. 19. Waifs c. according to Custom C. 20. And Glanv lib. 7. c. 16. The Chattels of Vsurers that died belonged to the Duke so to our Antient Kings C. 21. Felonâ— Goods were the Dukes The Chattels of such as killed themselves Excommunicate and Desperate Persons such to whom Confession and the Sacramenâ— was denied were the Dukes C 22. Moveables and Chattels forfeited to the Duke All Moveables forfeited belong to the Duke Moveables were the Chattels of such as were condemned by Judgment that were hanged burnt their Eyes pulled out or their hands or Feet cut off or banished c. C. 24. Assize what Assize was an Assembly of Knights and Sage men with the Bayliff in a certain place and at a certain time which contained the space of forty days between one Assize and another by which Judgment and Justice was done of such things as were heard in Court in these Assizes the Juries sometimes were brought to a Non-scavoir Non-scire Ibidem Juries brought in Ignoramus or Ignoramus And when nothing of Certainty or Credit was deposed the Inquest being first examined the Return or Verdict was L'enquest scet rien Ibidem Lands c. forfeited as in England The Lands and Estates and Profits of condemned Persons for Felony were the Dukes for a year and a day afterwards they were the Lords of the Fee of whom he held immediately so in England C. 25. The eldest Son Succeeds the whole c. In Fuedal Succession the Eldest Son succeeds in the whole and so it descends to the next of the Blood and never ascends when there is any of the descending Line remaining In the Latin Version of the Customer of Normandy
the Land he passed away or to give so much other Land in lieu of it to him that vouched him to warrant it C. 51. 67. Wrong in Word or Deed as Battery and Defamation were Actions personal Actions of wrong Possession of Fees Moveables or Chattels were possessional De Tort faicte Tort. Wrong or Tort was the Fountain of all Contention C. 5â— Forcible Entry Forcible Entry and breach of the Peace contrary to the Dignity of the Duke and Peace of the Country C. 53. Gloss Tit. Court Pleas of the Sword By Charter from the Duke Knights Earls Barons had Courts c. Of all these Pleas and also Pleas of the Sword the Duke hath his Lay-Court And also by Grant and Charter from the Duke Knights and such as hold freely Earldoms and Baronies and other Dignities Feudal whether Military Fees or Frank Sergeanties or other Frank or Free Fees have their Courts of their Residents in simple Plaints And of light and weighty Matters of Moveables and Heritages and of Thefts yea although they were to be determined by * Glanv l. 8. c. 9 Battle But such as were not noble Tenents or held by vile Services as Bordiers and such as performed drudging and villain Services had no Court or Vsage over Tenents in such Fees C. 52. Tit. de Haron our Hue and Cry There was a Court of the Cry called Haron with us Hue and Cry to which all that heard it were bound to go And there was an Inquest whether the Cry was rightfully or wrongfully levied for it was never raised but in Causes Criminal as for burning Houses for Theft Murder Robbery or other great and apparent Mischiefs or danger They begun at the place the Fact was done and pursued the Malefactor from Parish to Parish with noise and Arms until if they could they had taken and rendred him to Justice and for neglect in the Parish or Peoples making this Cry and pursuit they made fine to the Duke This was called a Plea of the Sword or as we call it of the Crown because such Malefactors ought to be restrained by the Sword and Arms and ought to be put in Prison and bound Such Plaints are called Criminal Ibidem Plaints Criminal for which a man loseth Life or Member others are called simple by which the Malefactor is only chastised as a Child with a Rod. The Court of some Plaints is in the Vicount of some in the Assize Plaints in the Vicount Assize Exchequer of some in the Exchequer In the Vicount were only Holden Simple Plaints What Plaints in the Vicount and the amends of Defaults in the Assize and such Plaints as ought to have the term of fifteen days that is were holden from fifteen to fifteen days And such as were holden in this Court were called Pleas Vicountel Pleas Vicountel Every great Plaint as Breach of the Peace Cases Criminal Ib. Gloss K. What Plaints in the Assize and Exchequer Cases touching Noble Fees and all the like great Plaints could not be determined but in the Assize in the Exchequer or before the Prince where the Determination was Recorded And for this reason these Courts were furnished with more Sage men than others that the Plaints might be more discreetly determined The Exchequer was an Assembly of high or Superior Justiciers C. 56. What the Norman Exchequer was to whom it belonged to amend the Judgments of the Bayliffs and lesser Justiciers and to correct their Errors to render right to every man without delay as from the mouth of the Prince to preserve his Rights and to recall such things which had been evilly and fraudulently granted away or put out of his hands and to observe every where as with the Eyes of the Prince those things which appertained to his Dignity and Honor. The ordinary way was Ib. in the Gloss The Office of Bayliff and Vicount that the Vicount corrected the ill Judgments and Errors of the base Justicies under him and the Bayliff those of the Vicount and the Exchequer those of the Bayliff A Plaint or Clamor is C. 57. A Plaint or Clamor what Plantiff bound to prosecute when any one shews by complaint to the Justicers the wrong that is done him who have power to receive them and to take Pledges of the Complainants that they will prosecute them The Plaintiff thus bound C. 58. if he appeared not in Court at the day appointed him and if his Adversary then appeared he had leave to go without day if the Suit were concerning a Lay-Fee To go without Day what and the view were made and the Plantiff pursued not his Claim but made Default he was not to be heard any more in that Matter To lose by Default And if the Defendant made Default in that Case he ought to lose the Seisin of the Fee which was shewn or viewed C. 62. Glanv l. 2. c. 3. Witnesses c. Witnesses sware to what they heard and saw and were ready to do as the Court should award no man to witness in his own Case nor his Heir for him nor any Partakers in the Plaint or Relations C. 63 64 65. Pleaders Conteurs Attorneys There were Pledeurs Conteurs and Attorneys that pleaded and managed Cases in Normandy to these are answerable our Serjeants Barresters and Attorneys C. 66. View before Tryal Land demanded by Battel or Writ of Right Knights c. made the view There were also views of several things required before Tryal view of the Fee view of the Sick person view of the Mischief done view of the person slain view of the defloured Virgin c. The view of the Fee or Land in question when it was demanded by Battel or a Writ of Right and generally in all Pleas or Controversies concerning the Inheritance was made by four Knights and twelve lawful-men Novel Disselsin view made by Knights Languor view made by Knights In Novelle Disseisines and all Plaints brought after the manner of Novel Disseisin which were for Possessions the view might be made by twelve lawful men without Knights but it were better if Knights were there if they might easily be had The view of Languor or Sickness was made by * Glanv lib. 1. c. 19. The same here four Knights The view of Murder Homicide Mayheme or wounds inflicted by force was made after the same manner The view of a Virgin defloured was made by seven Matrons of good Credit C. 67. C. 51. Tit. de Querelles Pleas or Plaints some are personal some real personal either by Deeds or Words by Deeds as by Battery or Wounds C. 68. Glanv l. 14. c. 3 Murder Battel In Suit of Murder R. complains of T. that he Feloniously murdred his Father being in the peace of God and the Duke and that he was ready to prove it c. If T. denies it word for word and offers gage to defend
into the hand or Possession of the Prince nor was it to be restored until the Plea was ended and this was the meaning of those words in the Writ Vt terra sit in pace When the thing was thus shewn the Serjeant commanded the Possessor to resaise the Plantiff according as it was contained in the Writ and whatsoever ensued whether he did or did not he assigned to both Parties a day at the Assizes and if the Possessor did not yield the thing demanded at the View and did yield it afterward at the Assizes though he never medled with it yet he was bound to amends that is to fine to the Duke or Court C. 95. After the View made and the Recognition was adjourned to the Assizes the * Bracton l. 4. c 18 19. The same method there in Normandy Writ was there read in the presence of both Parties and the Bayliff or his Deputy that held the Assizes demanded of the Plantiff if he would pursue his Brief if he said no he was punished for false Claim or Clamour and so it was if he said he did not know whether he should or not if he said he was ready to prosecute then the Defendant or Possessor was asked whether he would stand by the Writ as it was read if he said neither the View nor Recognition were made according to the words of the Writ The French word Record used here signifies Witness Dissaisin his answer was to be tried by the Record or witness of two of the View If he would not stand by the Writ and be found culpable in any thing in the Controversie of the Dissaisin he was to amend or fine to the Prince and pay Damages to the Plantiff as they should be declared by the Jury and the Saisin was to remain to the Plantiff also as it had been acknowledged to belong to him by the Jurors If the Defendant or Tenent said he would stand to the Writ C. 95. Bracton lib. 4. c. 19. n. 2. then the men were called before the Parties every one by his name to make Oath and their Names were entered in the Register of Assize and the Parties might challenge or except against such as they had right reason for to do it After the Jurors were sworn * Ibidem n. 3. Jury go out and are shut up no man was to speak to them publickly or privately except the Bayliff who commanded them to speak the truth in this form By the Faith and Belief you have in our Saviour Jesus Christ c. do you know the Plantiff was possessed of or had the Saisin of the Land which was shewn you before such a time the time suppose of the Dissaisin and how and in what manner he had it and that since that time the Defendant did dissaise him and how Then the Jurors went out to consider and advise and were kept under strict guard least the truth might be corrupted by evil perswasion When they had advised they returned again before the Bayliff in the Assize and if they were all agreed one answered for the rest C. 95. They return one answer for all c. if they disagreed every one then might give his Answer If they said the Plantiff had the Saisin Feodal as he affirmed and that the Defendant had dissaised him the Saisin was rendred to him and the Defendant fined or amended and then there was an Inquiry made what Damages the Plantiff had sustained by the Dissaisin Inquiry of Damages If the Jurors said the Plantiff was not saised in the Fee C. 95. but held Land for Debt or by Mortgage or by Rent or for any other such reason and would not part with it though the term was out then the Defendant remained in Saisin and the Plantiff amended or fined if the Jurors knew not the term the Plantiff if he would might prove it In Pleas of Novel Disseisin the manner of Saisin ought to be regarded above all things and how it was obtained for all Saisin C. 95. Novel Disseisin ought not to be rendred to him that required it If any one of his own accord or by Sentence gave another the Saisin that he hath if he requires it afterward he shall not have it if any one required the Seisin where he entred by force or which he had received from one that had nothing in the thing to give him such Saisin was not to be confirmed to him or allowed for all Saisin which was either by force or stealth and fraud was detestable The Writ of Novel Dissaisin was in this form C. 93. Writ of Novel Disseisin Bracton lib. 4. c. 16. n. 2 3 4 So all our Writs run that the Viewers be at the next Assizes Commande á R. que a droict Sans delay il resaisisse T. du une Terre qui est Assise en le paroisse de Marbeufe dont il a dissaisy a tort sans Judgement de puis le denier Aoust devant Cestuy se il ne le faict Semond le recognoissant du voisine quel soit an primieres Assises de la Baillie fay dedens ce veoir la Terre estre la chose in paix Command R. that justly and without delay he doth resaise T. of certain Lands in the Parish of Marbeuf of which he hath dissaised him unjustly There was also a time limited in our Writs of Novel Disseisin and without Judgment since the last of August before this and if he doth not Summon a Recognition of the Vicenage to be at the next Assizes of the Bayliwick and the mean while cause the Land to be viewed and to be in peace Writs directed to the Serjeant of the Bayliwick This Writ was directed to the Serjeant of the Bayliwick or his Deputy and when he received it he appointed a day to the Plantiff to hold the View and summoned the Defendant to be present if he would and twenty men the nearest to the Land the most credible such as were not suspected by or a kin to one party or the other and were to be such as were believed to know the truth of the Plea and before them the Land was to be taken into the hand of the Prince whether the Defendant came or not nor was it to be put out of the Princes hands until the Plea was ended and if either of them medled with it his Body was to be imprisoned until he had satisfied for his mis-doings Glanv lib. 12. c 3. c. 6. Many sorts of Dissaisins There were many Dissaisins some of Lands others of Herbages others of Rents others of servile Works others of Franchises others of Services in all which the Writs were framed according to the divers Terms and times of Performance or Payment from and upon which the Pleas were always laid C. 97. Default Plea lost for not bringing it c. If the Plantiff made Default the Defendant went without delay
and if he would renew his Plea he was also to renew his Summons the Plantiff might also for ever lose his Plea if he slipt the time limited for bringing of it which was within a year and a day C. 98. Writ of Mort D'ancester The Writ de Morte Antecessoris of the death of the Parent or next Predecessor in Blood was in this Form Se A. donne plege de suyvir sa Clameur semond le recognoissant du voisine quil soit aux primerieres Assises du Bailliage a recognoistre sauoir se B. estoit saisy en cest An quand il mourut de la Terre que C. lui deforce a Rouen comment scauoir se A. est le plus prochain hoir avoir lescheance de B. la Terre soit dedens ce veue soit en paix If A. give Pledges that he will prosecute his Clamor A Recognition of the Vicenage Claim or Suit Summon a Recognition of the Vicenage to be at the next Assizes of the Bayliage to know whether B. was seized that year he died of the Land which C. dispossessed him of at Roven and how And to know if A. be the next Heir to have the Escheat or Succession of the Land in the mean while let it be viewed and be in peace Ibidem The Writ directed to the Serjeant of the Bayliwick To be brought within a year and a day c. This Writ was directed to the Serjeant of the Bayliwick and the further Proceedings were the same as in a Plea of Novel Disseisin No man that was of Age and Discretion according to the Custom of Normandy could have a Recognition in this Plea unless he brought the Writ within a year and a day after it was publickly known his Ancestor was dead whose Saisin or Possession he would recover but no time prejudiced a Minor Ibidem Next Heir This Recognition appertained only to the very next Heirs who had the Dignity of Primogeniture either in themselves or by their Ancestors The Nextness of Heirs which was to have the Saisin was thus the eldest Son was the next Heir of his Father and those which descended from him C. 99. Who were next Heirs and when this Line failed the second Line was the next and so it was intended of other Lines were they Male or Female while any of the first Line were left none of any other Line could have the Saisin of his Antecessor Concerning Dower according to the Custom of Normandy C. 101 173. Dower Glanv lib. 6. c. 1 2 c. The Wife had the third part of the Fee of her Husband the Wife had the third part of the Fee her Husband was possessed of at the time of the Espousals or Contract of Marriage or if he was not then possessed of an Estate or died before he was his Father or Grandfather possessing the Fee if they were present at the Marriage or procured or assented to it after their and her Husbands death if he was sole Heir she had the Thirds of that Fee if not of so much of the Fee as fell to his share and no man could give more than a third of his Estate in Dower If a man purchased an Estate after Marriage a Wife could claim nothing in it unless it were Bourgage Tenure and then she had the Moiety In Burgage Tenure the Moyety If a man had taken a Woman so are the French words and died before they lay together in the same Bed the Woman had no Dower For by the Custom of Normandy their bedding after Marriage gained the Woman her Dower A Woman might demand her Dower against such as withheld it Ib. C. 101. two manner of ways by Writ or Record By Writ as in the Chapter of View and Plea of Novel Disseisin By Record or Witness of such as were at the Espousals or making the Contract of Marriage where the Dower was determined either in Chattels or Land Record what Record est racontement de chose qui a est faict Record is a calling to mind or recounting things that have been done Il ya Record de Court de Roy c. There was a Record of the Kings or Dukes Court which was all one A Record of the Exchequer a Record of Assize a Record of Duel a Record of View a Record of Pasnage a Record of Marriage c. All these Records were made by Witnesses in the several Courts and Places where and before whom the things were transacted C. 108. Cum Gloss de celui qui demande Record c. 121. de loy qui est faict par Record Recorders these were called Recordatores from remembring things done in Court Promises Bargains Contracts c. and when there was a Plea of Record brought the Plantiff in writing named his Recordeurs Recordatores Recorders or Witnesses in some Cases six or seven in some twelve in some more in some less and if the Recorders were dead or gone out of the Dutchy then the same Plea was tryed by Inquest of the Vicenage as well as it might See C. 102 103 104 105. When the Propriety of a thing was demanded four Knights and eight legal men with the Serjeant were Recorders C. 106. Tit. de Record de veue but in a View of Possession where the Seisin was only demanded there twelve discreet or lawful men and the Serjeant were sufficient In the View of Languor the four Knights sent to the Person C. 121. are called Recorders and that called Record de veue de Corps languoreux The right of Patronage of Churches and who last presented was decided by Recognition as other Proprieties and Possessions Assize D'arrein Presentment C. 109. Glanv lib. c. 2. 4 5 13. lib. 14. c 19. The Church was taken into the Dukes hands and the Bishop prohibited to present during the Plea or the Ecclesiastick Courts to meddle with it Yet if the Patron presented not in six months the Bishop of the Diocess presented The Writs I omit being near the same with those in Glanvil The Writs in this Plea the same with those in Glanvil C. 113. Tit. de Brief de establie This was as our Writ of Right The Duke of Normandy had the Jurisdiction of the Bodies as well of the great as of the small because bound to him by Fealty and Allegiance and willing to restrain the Malice of the mighty and puissant he established two Laws by the Council of his Prelates and Barons L'un qui est appelle establie L'autre recognoissant de sur demand Corent per Brief c. the one is called Establie the other Recognition of Surdemand and they proceeded by Writ c. by these Writs inquiry was made concerning the Propriety of the Fee and to whom it belonged both these together made up a Writ of Right Ibidem Glan l. 2. c. 15. Writ of Right The Writ d'establie was in these words A. se
the Writ to the Parties in Court and interrogating them by it 't is more than probable there were then no Declarations and that the Writ was both Precept and Declaration according to * Bracton dicitur ideo Breve quia rem de quâ agitur intentionem petentis paucis verbis breviter enarrat It is therefore called a Brief which we call a Writ because briefly and in few words it declares the matter in debate and the mind of the Plantiff upon which followed Pleading in Court and giving in the special matter in Evidence one example will make this very clear Mat. Paris f 538. n. 10 20. Henricus Dei gratia Rex Angliae c. Vicecomiti Hertfordiae salutem Si Abbas de S. Albano fecerit te securum de Clamio suo prosequendo tunc submone per bonos submonitores Galfridum de Childewick Galfrum Gulielmum Johannem Ricardum filios ejus Willielmum de Gorham Thomam de Wanz Walterum Henricum filios ejus Adam de Sumery David de Garpenvilla quod sint coram Justiciariis ad primam Assizam cum in partes illas venerint ostensuri quare fugaverunt Lepores caeperunt in liberâ Warrenna suâ de Sancto Albano sine licentiâ suâ habeas submonitores hoc Breve Teste meipso apud Westmonasterium vigesimo sexto die Junii Anno Regni nostri vigesimo quarto And that the Juries summoned by these Writs were Persons of the same Quality and Degree in England and Normandy the following Instances will make it most apparent In a Plea concerning Duel between Warin de Semperston and the Prior of Coventry for eight Carucates of Land in Pakinton Milites qui ferebant Recordum Duelli dicunt quod Warinus tulit Breve de recto in comitatu versus Priorem c. Prior venit defendit jus Warini Warinus vero obtulit vers Priorem quod Walterus Grossus Avus ejusdem Warini saisitus fuit de illis viii Caracutis cum pertinentiis Tempore Henrici Patris c. ut de jure haereditate c. Prior defendit c. per quendam liberum hominem vadia data fuerunt ex utraque parte 2 do Johan fol. 14. a. c. Rot. 24. out of an * Class 3. Book 6. Abstract of Pleas from the First to the Fifteenth of King John amongst Judge Hales * Class 3. Book 6. M. S. in Lincolns-Inn Library The Knights which made or had then the Possession of the Record of Duel that is such as were Jurors in the Assize by Writ of Right say that Warin brought a Writ of Right in the County against the Prior c. the Prior comes or appears and denies the Right of Warin and he offered to prove it against the Prior that Walter Gross the Grandfather of Warin was saised of those eight Carucates with the Appurtenances in the time of Henry the Father â—f King John as of his Right and Inheritance The Prior denies it by a certain Free-man a Champion that he brought who denied Warin's Plea and sware as he had heard or seen it was not true and Pledges were given or the Duel was waged on both sides Placitade Termino Pasch Trin. An. Reg. Johannis 1. Ibid. fol. 6. B. To make this more clear I will bring an Instance of an Assize of Novel-Disseisin Adam de Chetwind Petrus de Eiton Hamo de Puelesdon Adam de Alarton Philippus de Buteriâ Walterus de Elpole Paganus de Cheriton qui fuerunt Recognitores Assizae Novae Disseisinae inter Walterum de Whitfield Robertum de Huntingland de Terra de Chershal summoniti fuerunt ad ostendend ' quomodo Assiza ista capta fuit c. Dicunt quod ipsi coram Roberto Whitefield Rado Archidiacono Hereford Roberto de Salopesberie nunc Episcopo de Bangor c. tunc Justiciar Juratam fecerunt de Assizâ Novae Disseisin ' quam tulit Robertus de Huntingland vers Robertum de Woodcote de Terra de Chershall de qua Robertus de Woodcote eum disseizet Ita quod Idem Robertus remansit in misericordia pro Disseisina Rot. 2 o. Adam de Chetwind Peter de Eiton c. which were Recognitors of an Assize of Novel Disseisin between Walter de Whitefield and Robert de Huntingland for the Land at Chershall were summoned to shew how that Assize was taken do say that they before Robert Whitefield Ralph Archdeacon of Hertford and Robert of Shrewsbury Bishop of Bangor c. then Justices made a Jury of Assize of Novel Disseisin which Robert de Huntingland brought against Robert de Woodcote concerning Land at Chershall of which Robert de Woodcote had disseised him so that the same Robert remained in mercy that is was fined by the Justices of Eyre or amerced by the Oaths of Lawful men for the Disseisin These seven might be those that before the Assize made the View of the Land in question and might by their Names be Knights or Knights Fellows for twelve or more might make it but fewer than * Bracton p. 179. b. n. 4. Fleta p. 222. n. 4. seven could not Both these Pleas seem to be the same with Record of Duel and Record of Assize and the Jurors in both to be Recordeurs Recorders or Witnesses of what had been done in Court as hath been shewed in the old Norman Custumer and Law C. 101 106 108 121. In a Plea of Right In the same MSS. Placita Term. Mich. 3. Johan f. 18. b Placita Assizae apud Lincoln in Cro. octab Sanctae Trinitat Coram Simon de Pateshult Eustach de Faukenburgh sociis corum 4. R. Joh. Ibid. fol. 26. b. Milites Electi ad faciendam Assizam Magnam inter G. Episcopum Wintoniensem petent Nigellum de Broc tenent c. In a Plea whether the Donation of the Priory of Thornholm belonged to the King or John Malherbe Dominus Rex mandavit per Breve suum quod Dominus G. fil Petr. per Chart as Canonicorum de Thornholm Et per liberos legales homines diligenter inquireret utrum prioratus de Thornholm de Donatione Domini Regis vel Johannis Malherbe debeat esse Prior ergo venit protulit chartam Regis Stephani in qua continetur quod ipse pro anima Regis Henrici Avunculi sui pro statu animae suae dedit concessit in perpetuam Elemosinam Deo Ecclesiae Sanctae Mariae Canonicis Regularibus locum suum in Bosco de Appelby quicquid Comitissa Hathewisia caeteri vicini eis dederunt in Elimosinam in terris pratis in omnibus aliis reditibus pracipit quod locum suum omnia sua ubicunque fuerint bene in pace teneant in perpetuum sicut Elimosinam suam Dominicam Milites vero * See Glossar in the word Electi ad faciendam illam Inquisitionem sunt Herv de Arci Philippus de alta Ripa Andreas
three four Marks c. as will appear in the Sequel of this History He brought the Clergy under subjection Nor did he think himself secure only by having all Persons in Secular Authority his Dependants and at his Command but he brought the Clergy also Arch-Bishops Bishops Abbats and all Degrees of that Function under his subjection [1.] Mat. Paris fol. 7. n. 10. And the Church Lands under Military Service And Quartered Soldiers in their Monasteries for he put the Bishopricks and Abbies which had Baronies that is great Possessions and were before free from all Secular Service under Military Service and according to his will and pleasure appointed how many Knights or Soldiers they should find in time of War and chased out of the Kingdom many Ecclesiasticks that opposed his evil Constitution nor did he only charge their Lands with the Tenure of Knights Service but also Quartered Soldiers [2.] Ingulph Croyl n. 40. which he had hired in France Almain and Spain in all Monasteries of England in Croyland Abby he Quartered six Milites or Knights and twenty eight Cross-bow-Men that shot Stones and Darts out of * Ballistarii Cross-Bows or perhaps the Officers of the Steel-Bow-Men or Directors of the Management of the great Brakes or Engines with which they battered Walls in the Monastery of Ely after the Isle was reduced were placed forty whereof Bellassis Governor at least of the old Fort called now by the Country People Belsars-Hills if not General of the Forces against the Island was one and thirty nine more all Officers or Men of Account as by their Names and Arms appeareth in a Parchment Roll in the Custody of the Bishop of Ely made in the time of Robert de Orford Bishop of Ely who was [3.] Godw de Presul Angl. p. 318. Consecrated 1302. and died 1309. Nor did he think this enough to restrain the power of the Clergy [4.] Anno Domini 1070. who then bare the chief sway in the Government but by Advice of William Fitz-Osbern Earl of Hereford and others of his Council he searched the [5.] Florent Wigorn. f. 636. He Rifles the Monasteries Monasteries of all England and took away the Money which the richer sort of English had secured there fearing his Austerity and Ravages and commanded it to be carried into his Treasury [6.] Fol. 7. Mat. Paris says he robbed all the Monasteries of their Gold and Silver and spared not their Shrines and Chalices Nor yet did he think himself sufficiently secured from the great power of the Clergy in that Age [7.] Eadmer fol. 6. n. 10. He brought in the Norman Laws and made Norman Bishops in England All things were done according to the Conquerors Pleasure until having brought into England the Laws and Usages which he and his Fathers were wont to observe in Normandy he had made such Men Bishops Abbats and chief Rulers through the whole Land as might be thought very unworthy if in all things they submitted not to his Laws or should in any wise oppose him and therefore all Divine and Humane Matters were ordered according to his Will and Pleasure To this purpose there was a great Council held at Winchester eight days after Easter at the Command of the King he being present and with the Consent of Pope Alexander by his Legates Herminfrid Bishop of (n) Sedune now by the Germans called Sittes and the French Sion and the Country about it Sionois it is seated upon the River Rosne before it falls into the Lake of Geneva Sedune and two Priests Cardinals of the Apostolick See [8.] Florent Wigorn f. 636. An. Do. 1070. A Council at Winchester wherein Stigand was Deposed John and Peter producing his Authority In this Council Stigand Archbishp of Canterbury was Deposed for three Causes to wit because he unjustly possessed the Bishoprick of Winchester with the Arch-Bishoprick and because he invaded the Arch-Bishoprick while Arch-Bishop Robert was living and used his Pall which remained at Canterbury in Celebrating Mass when by force he was unjustly put out of England and received a Pall from Benedict whom the Roman Church had Excommunicated for that by Money he had invaded the Apostolick See [9.] De Gest Pontif. fol. 116. b. Malmsbury says with these two Bishopricks he also possessed many Abbies who in this as he conceived did not commit a Sin of Judgment but Error for that he was a very illiterate Man as were almost all the Bishops of England at that time [1.] Florent Wigorn. ut supra Agalmar Bishop of East Angles and some Abbats Deposed In this Council also Agalmar Brother of Stigand Bishop of East-Angles his Seat being then at Elmham was Deposed and some Abbats The King promoting that work that he might put into their places Men of his own Nation for the confirmation of his new Conquered Kingdom [2.] Ibidem Others were kept in Prison all their Lives He also kept in Prison some Bishops and Abbats all their Life time without any evident Cause [3.] Ibidem Agelric Bishop of the South Saxons turned out and imprisoned without fault He makes his own Chaplains Bishops being neither condemned by any Councils or Secular Laws meerly out of Jealousie and suspicion of the safety of the Kingdom On Whitsunday the King gave the Arch-Bishoprick of York to Thomas Canon of Bayeaux in Normandy and the Bishoprick of Winchester to Walkelin his Chaplain and on the Morrow by his Command Herminfrid the Bishop of Sedune the Cardinals being returned to Rome held a Synod in which Agelric the Bishop of the South-Saxons was not Canonically Deposed whom the King imprisoned at Malborow without any fault There were then also to use the Authors own Phrase very many Abbats degraded The Conqueror gave to his Chaplanes Herfastus the Bishoprick of East-Angles and to Stigand the Bishoprick of the South-Saxons and gave the Abbies to his Norman Monks [4.] Eadmer fol. 6. n. 20. No man to acknowledge the Bishop of Rome for Pope without his Command He would not suffer any one in his Dominions to acknowledge the Bishop of Rome for Pope without his Command nor to receive any Letters from him unless they were first shewn to him [5.] Ibidem The Arch-Bishop might not appoint or prohibite any thing without his Leave The Arch-Bishop might preside in any Council but he would not permit him to appoint or prohibit any thing but what he pleased and such things as were first Ordained by him [6.] Ibid. n. o. His Barons without his Command not to be impleaded He would not suffer any Bishop to implead and Excommunicate any of his Barons all such as [7.] Sâ—ld not in Ead. f. 168. held immediately in Capite or Officers for Incest Adultery or any heinous Crime unless by his Command * But notwithstanding the Conquerors Stoutness and Resolution in these matters by his admission of the Popes Legats for the purposes above
Arch-Bishop Anselme in relation to Ecclesiastick Power and Jurisdiction [4.] Eadm fol. 14. lin 1. Rufus kept not the Promises he made to Lanfranc he brake many of the Promises he made to Arch-Bishop Lanfranc before and at his Coronation yet while he lived he abstained from many things though against his will and inclination [5.] Ibid. n. 10 20 30. but after his death which happened [6.] Flor. Wig. fol. 644. He let to farm Bishopricks and Abbies May 24. 1089. he kept the Bishopricks and Abbacies as they fell void in his own hands or let them to Farm and took the Profits of them to his own use allowing the Monks just so much as would maintain them amongst others the Church and Arch-Bishoprick of Canterbury and Revenues thereof was then possessed and disposed of by the King to Secular uses [7.] Eadmer fol. 15. n. 30. which much troubled the Clergy and many of the Nobility that the Commune Mother of the Realm should be so long void of a Pastor At length the [8.] Ibidem fol. 16. n. 10 20 30 40. King falling Sick and being very Penitent made great Promises of ease and satisfaction to the Clergy and Nobility and being much pressed by them to make an Arch-Bishop of Canterbury he consented and enquired after a Person worthy of that Honour and Office They all perceiving the Kings inclination cried out with one accord (k) He was born in Ausburg in Germany and was first a Monk and then Abbat of the famous Monastery of Bec in Normandy [1.] Onuphr Chron Pont. Rom. An. 1080. At this time there were two [1.] Onuphr Chron Pont. Rom. An. 1080. Popes Guibert or Wibert Arch-Bishop of Ravenna called Clement the Third who was created by the means of the Emperor Henry the Fourth Anti-Pope to Gregory the Seventh Victor the Fourth Vrban the Second and Paschal the Second he was buried in the Cathedral of Ravenna Anno Domini 1101. and not long after by the Command of Paschal the Second his Body was taken up and burnt Abbat Anselme was the most worthy who brought to the King that he might receive the Investiture of the Arch-Bishoprick from his hands by the Pastoral Staff refused it affirming it might not be done [1.] Eadmer fol. 18. n. 10. Bishop Anselm pressed to accept the Arch-Bishoprick yet after very importune perswasions and pressures by the Bishops and Nobility he suffered himself to be with great Applause elected Arch-Bishop [2.] Ib. n. 40. An. Do. 1093. and had investiture of all things belonging to the Arch-Bishoprick both within it and without it on the Sixth of March 1093. But [3.] Ibidem fol. 19. n. 50. He demands Restitution of the Lands belonging to the Church of Canterbury before his Consecration he demanded of the King to restore all the Lands belonging to his Church which his Predecessor Lanfranc was possessed of without any Suit or Controversie and that he would consent he should have right done him concerning such Lands as had been in the possession of the Church and were then lost and not recovered [4.] Ibidâ—m fol. 20. lin 1. c. n. 10 20. He demands of the King to rest in his Advice in the things that pertain to God and â— Christianity He declares he had acknowledged Pope Vrban He also demanded of the King to rest in his Council before others in those things that pertain to God and Christianity and as he would have him for his Terrene Lord and Protector so the King would have him his Spiritual Father and Overseer of his Soul Also concerning (l) The other Pope at this time was [2.] Ibidem Anno 1088. Vrban a Frenchman Bishop of Ostia and acknowledged by the French and Italians he was created Pope at Terracina in Italy in March 1088. and died at Rome in August 1099. and was buried in St. Peters Church there Vrbane Bishop of Rome who the King had not yet received as Pope he said he had received him as such and should yield him all due obedience and subjection and gave him notice of it that no Offence or Scandal might arise about it for the future [5.] Ibidem n. 20 3â— The King loath to restore all the Lands The King was loath to restore all Lands but would have reserved such Lands of the Church [6.] Eadmer fo 20. n. â—0 as he after the death of Lanfranc had given to his Courtiers for particular Services and would have had Anselme consented that they might have holden them by Hereditary Right [7.] Ibidem Anselm would not consent to the alienation of any of the Church Lands but Anselme could not be brought to consent that the Church should be any ways spoiled of its Lands or Rights Hence arose the first difference [8.] Ibidem The cause of the first difference between the King and Lanfranc between the King and him about his Dignity Bishoprick and Prelatship which remained undermined during the Kings Life yet at present being urged by the [9.] Ib. n. 30. Clamour of all Men concerning the ruine and destruction of Churches A Council of the Nobility at Winchester Arch-Bishop Ansâ—lm did Homage to the King he held a Council of his Nobility at Winchester and by many great Promises of what he would do for the Church of God he perswaded Anselme to take upon him the Primacy of the English Church who induced by the Example of his Predecessor according to the Custom of the Land [3.] Eadm fol. 20. n. 30. Homo Regis factus est did Homage to the King as Lanfranc had done in his time and it was Commanded he should have seizen of the whole Arch-Bishoprick After [4.] Ibid fol. 21. lin 4. which going to take possession of it Thomas Arch-Bishop of York and all the Bishops of England met at Canterbury where he was Consecrated the Fourth of December 1093. [5.] Ibidem fol. 21. n. 30 40. fol. 22. n. 10. The King went into Normandy to take it from his Brother At that time the King endeavouring to take away Normandy from his Brother Robert wanted a great Sum of Money to accomplish his design and the new Arch-Bishop offered him 500 l. towards his Expedition which the King refused expecting at least twice so much And the King [6.] Ibid. fol. 24. n. 10 20. He presseth the King to restore the Church to its Pristine State preparing for his Voyage he expostulates with him about restoring the Church to its Pristine State and Condition which was lost and for the making Abbats in the Monasteries that were void [7.] Ibid. fol. 25. n. 10 20. Anselm falls from the Kings favour The King refuseth his Prayers and Blessings The King returns out of Normandy without success but would part with no Money not what he once offered although pressed by other Bishops saying he had given the greatest part of it to the Poor whereupon he fell from the
Bishops and Earls I have required him to deliver me the Captive Duke but could not obtain my desire I sent Robert de Belism to him on several Messages he secured him in his Court cast him into Bonds and yet keeps him Prisoner Earl Tedbald is my Vassal and yet by the instigation of his Uncle he riseth up against me and being inflated by his Power and Riches Rebelled and made grievous War against me and my Kingdom and much more to this purpose [6.] Ibidem fol. 859. B. All the French Clergy in this Council justified what he said yet Geofrey Arch-Bishop of Rouen and all the Norman Bishops and Abbats rose up to make his defence and excuse him but could not be heard In this Juncture [7.] Ibid. fol. 863. C. D. Tedbald Earl of Blois reconciles the Noble Normans to King Henry Tedbald Earl of Blois the Kings Nephew made it his business to reconcile all dissenting Persons to the King and brought to him Almaric de Montfort who was received into his favour and restored to the whole Earldom of his Uncle William Eustachius also and Julian his Wife the Kings Natural Daughter were at that time restored to his Grace and their Lands except Breteul which for his faithful Service the King had given to his Kinsman Ralph de Guader in recompence whereof he gave him yearly 200 Marks of Silver in England Hugh de Gournay and Robert de Newburgh with the rest of King Henry's Enemies came in and were graciously received Only Stephen Earl of Albamarle stood out who seeing the King coming against him with an Army by Advice of his Friends humbly satisfied him and thereupon to his own satisfaction was pardoned When this Council was ended in [8.] Ibid. fol. 864. D. 865. A. B. The Pope moves King Henry to restore his Brother Robert and his Son November following the Pope came into Normandy and met King Henry at Gisors to Treat of Peace He told him by the Law of God every Man ought to enjoy his Right and that it was his Desire and the Request of the Council that he should free Robert his Brother from his Bonds and restore him and his Son William to the Dukedom He [9.] Ibidem C. D. His Answer to the Pope Answers the Pope that he did not take the Dukedom from his Brother but only secured his Fathers Inheritance which was given away to Dissolute Men Thieves and Robbers That he was called into Normandy by the Bishops Clergy and Religious to prevent the desolation of the Church and that what he did was not out of choice but by compulsion and invitation The Pope satisfied with his Answer to preserve the Country from desolation and ruine With this Answer which was the same the Norman Bishops would have given in the Council to the King of France the [1.] Ibidem fol. 866. B. Pope was satisfied and approved what he had done and said he had heard enough of the Duke and his Son And so leaving them to shift for themselves his next [2.] Ibid. fol. 866. B. C D. The Pope makes Peace between the Kings of France and England work was to strike up a Peace between the two Kings which was suddenly accomplished without the least cavil exception or difficulty all Castles and Strong Holds taken in the time of War being mutually delivered and Prisoners on both sides set at liberty The War being [3.] Ibidem fol. 867. C. King Henry comes for England ended and things well setled in Normandy King Henry commanded a Fleet to be prepared and many Military Men of all sorts that had served him well and faithfully to accompany him into England where he intended to bestow on some large Rewards and to raise others to great Honours At this time Ralph de Guader who had the Town of Montfort and other Towns and great Possessions in Britany upon the Kings consent and good will offered his Daughter in Marriage to his Natural Son Richard and with her the Towns and Castles of Breteul Gloz and Lire and his whole Honour in Normandy Which intended Marriage was never compleated When the Fleet [4.] Ibid. D. was ready in the Port of Bartaflot now Barfleur the King with a noble splendid Train the Wind at South set Sail on the Twenty fifth of November in the Evening and landed in England next Morning His Sons William and Richard had not the same good fortune for being in another Vessel called the White Ship whereof one Thomas Fitz-Stephen was Captain or Master [5.] Ibidem fol 668. A. Prince William c. with 300 Persons drowned who pretended to hold his Place or Office in Fee both Master and Mariners had got too much Wine in their Heads and striving to be the foremost Ship in the Fleet run upon a Rock and split the Ship so as she presently sunk with near 300 Persons in her [6.] Ibidem f. 870. A. B. Amongst whom were as before noted Prince William his half Brother Richard and his half Sister Maude the Wife of Rotro Earl of Mortain in Perch Richard Earl of Chester and many of the young Nobility who chose that Ship for the Company sake The King [7.] Ibidem fol. 871. A. distributed the Honours and Estates of such as perished in this Shipwrack very providently for he Married their Widows Daughters and Nieces to his Courtiers and Soldiers and gave with them their Patrimonies King Henry [8.] Ibidem A. D. 1120. having lost his Wife and Son by the Counsel of his Wise Men resolved to Marry and chose for his Wife Alice the fair Daughter of Godfrey Duke of Lovain She continued his Queen fifteen years but never bare him any Children Many [9.] Ibidem f. 875. C.D. An. Do. 1122. A new Contrivance against King Henry observing that King Henry had no Issue Male looked towards William Duke Roberts Son and endeavoured to set him up Amongst whom was Gualeran and Robert the Sons of Robert Earl of Mellent who had been Educated in the Kings Court and used as tenderly as his own Children and were both Knighted by him Gualeran besides his Fathers Estate the Earldom of Mellent in France had Beaumont and the Patrimony belonging to it in Normandy His Brother Robert had the Earldom of Leicester in England to whom the King gave Amicia the Daughter of Ralph de Guader which had been Contracted to his Son Richard and Breteul in Normandy with all the Estate appertaining to that Others of the [1.] Ibid. fol. 876. A. B. C. The Confederates Confederacy were Almaric de Monteforti Earl of Eureux the Kings perpetual Foe Hugo de Monteforti Hugo de Novo-Castello or New-Castle William Lupell Baldric de Braye and Pagan de Gisors c. who met in September and entred into a general Conspiracy The King [2.] Ibid. D. An. Do. 1122. Civil War in Normandy understood their Designs and in October summoned together a great Force at Rouen and on
him Robert Fitz-Stephan and Maurice Fitz-Girald with other twenty Knights or men at Arms. To Humfry Bohun he gave the command of Waterford and left with him Robert Fitz-Bernard and Hugh de Gundevill with forty Knights or men at Arms William Fitz-Aldelm had the Government of Wexford and with him were Philip de Hasting and Philip de Breus with twenty Knights or men at Arms. [1] Ibid. n. 30. A. D. 1173. Having made this Settlement such as it was on Easter Monday Morning i. e. by Sun-rising he went on Ship-board in the furthermost part of the Haven of Wexford toward the Sea and landed near St. Davids in Wales about Noon that day saith my Welsh Historian and from thence with all imaginable speed he passed to Portsmouth He leaves Ireland and hastens into Normandy where the Ships lay ready to transport him into Normandy he had intended to have staid in Ireland all the Summer and to have reduced the King of Connaught and the whole Nation had it not been for this sudden avocation into Normandy about the business of Thomas Beckett and the Differences between him and the King of France that were to be composed and determined by the two Cardinals Not long after the King's departure having left the Nation in some tolerable Tranquility [2] Ibid. c. 40. Ororic's Treachery to destroy Lacy and Maurice Ororic the one-ey'd King of Meth and Hugh de Lacy gave Counter-Security and made Oath each to other for their safe coming and going to and from the place appointed on a certain day met at Ororic Hill to confer and discourse for the better and more peaceable ordering of their Affairs they were to meet but a small number equal on both sides and unarmed Grifin the Nephew of Maurice Fitz-Girald had a jealousie of the Treachery of Ororic and brought with him seven choice Knights or men at Arms of his Relations after some time spent in Discourse upon several Proposals to no purpose Ororic gave the sign to his men he had laid in Ambush for the destruction of Hugh Lacy and Maurice and advanced to smite Hugh with his Irish Axe with which stroke the Interpreter interposing himself had his Arm chopt off of which wound he died Maurice and his Nephew Grifin came in to the Rescue of Hugh Lacy which when Ororic saw he intended to fly but in the very act of mounting his Horse Grifin charged him so home with his Lance Ororic killed by Grifin Nephew to Maurice that he pierced both man and Horse killing them both and afterward his Servants that brought the Horse the rest fled to the Woods of which several were killed in the persuit Ororic's Head was sent into England to the King In this conflict Ralph the Son of Robert Fitz-Stephan deserved praise before others for his Valour and Courage The Rebellion of the Sons of the King against him at this time and the Dissention both in England and Normandy and other parts of France under his Dominion which the Irish very well understood [3] Ibid. l. 2. c. â— The Irish incouraged to throw off the Eâ—glish Yoke gave them an opportunity of taking Arms and endeavouring to throw off the English Government all the Princes of the Nation were in this Confederacy For the Suppressing of this Insurrection and reducing the Country into order again Earl Richard Strongbow was sent over with the Kings Commission who in a short time spent all the Treasure he brought over with him his Soldiers also that were under the conduct of Hervey de Monte-Morisco or Mont-Morice then * Herveio se Constabularium jam gerenâ—e The Sâ—ldiers desire Reymund for their General Constable or General wanted their Pay who came unanimously to the Earl affirming that unless he would make Reymund their General again they would all presently leave him and either return into England or go over to his Enemies In [4] Ibid. c. 2. Reymund invades and Plunders Ophaly this time of necessity Reymund was made Commander in Chief of these Forces with which he invaded Ophaly and got good Plunder recruiting his Soldiers with Horse and Arms from hence he went to Lismore and plundered that City and the Country about and laded with their great Booty some small Vessels which came from Waterford and other places which they found there and carried it to Waterford by Sea in the way they were set upon by the Inhabitants of Cork distant from Lismore sixteen Miles who had manned out 32 Vessels of War to intercept them There was a smart Engagement at length the men of Cork were beaten and their Admiral Gilbert Fitz-Cutger killed by Philip Welsh a very stout young man and Adam of Hereford came safe into Waterford with his whole Charge He vanquishes Fitz-Cutger and puts Dermot to flight Reymund was not in this Rencounter but by the way coming by the Coast to Waterford met with Dermot Mac-Carty Prince of Desmond coming to the assistance of Cork men they skirmished Dermot left the Field and Raymund went to Waterford with 4000 Head of Cattle Soon [5] Ibid. c. 3. after Reymund had notice that his Father William Fitz-Girald was dead and passed over into Wales in whose absence Hervey Mont-Morice was made Constable or Commander again in Chief of these Forces and that he might seem to do something extraordinary drew the Earl and the Soldiers with him to Cassil where the Forces of Dublin were commanded to meet them In their march thither they quartered one night at Ossory of which Donald O Breen Prince of Limerick had certain advice by his Scouts very early in the Morning he beat up their Quarters and killed 300 Ostmans The Irish unanimously rise up against the English with four Knights that commanded them the Earl hearing this returned in disorder to Waterford Upon occasion of this accident the whole People of Ireland unanimously rise against the English so as the Earl was as it were besieged in Waterford Roderic Prince of Connaught passed the River Shanon and invaded Meth demolished the Castles being without Garisons and with Fire and Sword wasted the Country almost to the very Walls of Dublin The Earl [6] Ibid. c. 4. was in a great streight and wrote into Wales to Reymund that he would return with all speed and bring what Aid he could and then upon his first landing he should enjoy and receive in Marriage his Sister whom he had long loved with all imaginable speed he and his Cousin Meyler with thirty Gentlemen of their kindred an hundred Horse and three hundred Archers chosen men of Wales shipped themselves in fifteen Vessels and landed at Waterford The Waterfordians design to kill all the English within their Walls at this time the Waterford men had designed to kill every English man within the Walls but when they saw these Vessels come from Wales with Flags and Banners displayed they altered their purpose So soon as Reymund entred Waterford with his
Legats should absolve his Servants Courtiers and Counsellors The [1] Hoved. f. 295. b. lin 5. The Legats came Legats came accordingly and though Hoveden mentions them not yet certainly they were Gratianus nephew of Pope Eugenius and Vivianus an Advocate in the Roman Court mentioned in [2] Col. 1407. n. 40.50 Gervase of Canterbury to whom the King Granted the Arch-Bishop should return and enjoy his Arch-Bishoprick saving the Honor of his Kingdom Salvo Honore Regni sui and by whose industry and the Application of the King of France the Agreement was finished and brought on so far as the Kiss of Peace as before related King Henry [3] Ibidem Col. 1412. n. 10.20 Hoved. f. 296. b. n. 10.20 Ben. Abb. p. 30. a. b. King Henry's design to Crown his Son had a design to Crown his Son Henry King which was kept private yet the Pope either suspected or smelt it out for on the 2d of April he wrote to the Arch-Bishop of York and all the Bishops of England [4] Append. n. 58. The Pope prohibits the Arch-Bishop of York and all other Bishops to do it That if any such Coronation was they should not perform the Ceremony without the Consent and Privity of the Church or Arch-Bishop of Canturbury whose right it was to Consecrate Kings [5] Gervas Hoved. Ben. Abb. ut supra The day appointed for this Solemnity was the 14 th of June and he was anointed and Crowned by Roger Arch-Bishop of York Hugh Bishop of Durham Walter of Rochester Gilbert of London and Iocelin of Salisbury assisting him no mention having been made of Thomas to whom the Coronation and Consecration belonged in right of his Church Gervase of Canterbury said it was done in contempt of the Popes prohibition The King [6] Hoved. f. 296. n. 30. The King of France displeased that his Daughter was not Crowned with her Husband of France hearing his Daughter Margaret was not Crowned with the young King her Husband levied a great Army and invaded Normandy The King of England having notice of it left his Son in England and passed thither and in a Treaty at Vendosme made peace with the King in the Feast of * St. Mary Magdalen promising his Son should be Crowned again and his Wife with him Gervase of Canturbury says this Treaty and the Day was appointed before the Coronation of his Son In [7] Ibidem n. 40. Thomas complains to the Pope of the A. B. of York and other Bishops for Crowning the King's Son He suspends the A. B. of York and Bishop of Durham and Excommunicates the others the mean time Thomas complained to the Pope of the Arch-Bishop of York and the four Bishops that assisted at the Coronation of the new King in the Province of Canturbury at whose Instance he Excommunicated the Bishops of London Rochester and Salisbury and suspended the Arch-Bishop of York and Bishop of Durham from their Episcopal Offices and wrote to the last two [8] Appen n. 59. He accuseth the King for Depression and Diminution of the Church an Epistle wherein he accuseth the King for Depression and Diminution of the Churches Liberties That under pretence of preserving his Royal Dignities he destroyed them contrary to the Cannons and tells the Bishops how much he had been sollicited to confirm his Prevarications and Vsurpations meaning The Statutes of Clarendon That he had sent some Cardinals and others to soften him but he grew more obdurate and would not Abate the least of the Rigor of his perverse Laws That he seized the rights of the Church of Canturbury contrary to its Ancient Dignity That his Son Henry had been Crowned by him the Arch-Bishop of York without any Caution or Reservation of the Rights of the Church of Canturbury And to avoid Damnation suspends the Arch-Bishop of York and Bishop of Durham in performing of that Solemnity and at last least he should be involved with them at the day of Judgment in the Sentence of Damnation he suspends both the Arch-Bishop of York and Bishop of Durham from the Exercise of their Episcopal Functions Notwithstanding the late peace made at Vendosme [9] Hoved. f. 297. b. n. 10. The King of France his Arch-Bishops Bishops and great Men sollicited the Pope against King Henry He complys with them Lewis of France his Arch-Bishops Bishops and great Men of the Kingdom sollicited the Pope that he would not permit the King of England to make any further Delays as he loved the Kingdom of France and the Honor of the Apostolic See Upon which The Pope granted that unless he presently made peace with the Arch-Bishop his Kingdom should be Anathematized and put under Interdict And says the Historian it pleased God to change the Kings mind so that by the mediation and paternal Exhortation of the Pope and of the King of France by the advice of many Bishops [1] Ibidem n. 20. and supplicating intervention of great Men the King received him into favour and restored him unto his Church [2] p. 31. a. Benedictus Abbas says the peremptory day was at hand so as the Sentence could be deferred no longer and That the King of England being forced by Canonic severity at length hearkened to Peace and came to Amboise near Tours on the fourth of the Ides or twelfth of October with the Arch-Bishops Bishops and great Men of his Land where he met William Arch-Bishop of Sens and Theobald Earl of Blois who brought with them Arch-Bishop Thomas and the next day it pleased Divine Providence by the mediation of the King of France and by the Command and admonition of Pope Alexander and also by the advice of the Arch-Bishops Peace between the Arch-Bishop and King and Bishops of his Land the King received him into his Grace and Favour and pardoned to him and all that were with him in Exile his anger and ill-will Iram malevolentiam suam promising to restore wholly to him all the possessions of the Church of Canturbury as he held them a year before he went out of England All agree about the matter of this Treaty but differ about the Time and Place [3] f. 297. b. n. 30. Hoveden agrees with Abbat Bennet and says it was on the 4 th of the Ides or 12 th of October on a Hill between Tours and Amboise [4] lib. 3. c. 2.5 p. 46. Col. 2.6 Col. 1412. n. 30. Quadrilogus 5 Fitz-Stephen and 6 Gervase of Canturbury say it was on St. Mary Magdalens day or 22 of July at Fretevâ—ll between Chartrin and Main in a Meadow called the Meadow of Traitors The King and Arch Bishop being thus Reconciled he [7] Append. n. 60. The King writes to his Son to give him notice of the agreement wrote into England to his Son Henry to let him Know the Arch-Bishop had made peace with him according to his own Will and therefore Commanded him to let him and all with him have and injoy
into Ireland and goes from thence through England into Normandy to meet the Cardinals His Son and his Wife Margaret Crowned at Winchest A. D. 1172. They return into Normandy the King was at Dublin in Ireland and there remained until the beginning of Lent and then removed to Wexford where he staid until Easter Then Knowing That the Cardinals Theodin and Albert were sent into Normandy from the Pope He setled the affairs in Ireland as well as he could and passed to Milford Haven from thence to St. Davids from thence to Portsmouth from whence carrying along with him his Son Henry he passed into Normandy and found the Cardinals at Caen and by their advice made an agreement with the King of France about the Crowning of his Daughter and also by their Consent and advice sent back his Son into England and with him Rotrod Arch-Bishop of Roven Giles Bishop of Eureux and Roger Bishop of Worcester to Crown him and Margaret his Wife the Daughter of King Lewis and They Crowned them at Winchester in the Church of St. Swithen on the 27th of August And presently after the Coronation The King the Son and the Queen his Wife The Arch-Bishop of Roven and the Bishops of Eureux and Worcester Returned into Normandy About a moneth after [8] Append. N. 61. King Henry's Purgation for the Death of Thomas on the 27th of September Henry King of England the father and King Henry his Son and Rotrod Arch-Bishop of Roven and all the Bishops and Abbats of Normandy met at Abrinces now Auranches in the presence of Theodin and Albert the Cardinals In whose Audience The King of England the Father in the Church of St. Andrew the Apostle purged himself and asserted his innocence by Oath upon the Reliques of Saints and the holy Gospels That he neither Commanded nor desired the Arch-Bishop should be Slain and when he heard it he Grieved vehemently But because those Malefactors that Killed him could not be had and because he feared they might have perpetrated that Prophane Deed by Reason of the Commotion and Trouble they Observed in his mind he made the following Oath of Satisfaction Hâ—s Oath of satisfaction and Pennance First he Sware That he would not Dâ—part from Pope Alexander nor his Catholic Successors so long as they Acknowledged him a Catholic King He Sware also That he would not Hinder nor Suffer to be hindred Appeals but that they might freely be made in his Kingdom to the Pope in Ecclesiastical Causes But so as if any persons were suspected by him They should give security they would do no injury to him nor his Kingdom He Sware That from Christmass following he would undertake the Crusado and go to Jerusalem for three years and That if he were Diverted by going into Spain against the Saracens he would Give the Templars so much money as by their own judgment should be sufficient for the Mainteining 200 Souldiers one year for the Defence of the Land of Jerusalem He Pardoned all Clercs and Laics which were in Exile with Thomas and Granted they might freely and in Peace return to their own again He Sware also That he would Restore the possessions of the Church of Canturbury if any had been taken away as fully as it injoyed them a year before the Arch-Bishop went out of England He Sware also That the Customs which were brought in Contrary to the Churches of his Land in his time should be wholly laid aside and dismissed All these things he Sware to Observe in good Faith and without Deceit and Caused his Son Henry to do the like except in such things as referred to his own person And That they might remain in the memory of the Roman Church The King the Father caused his Seal to be put to the Writing which conteined these Articles or Heads together with the Seals of the Cardinals Who upon this Purgation Submission and Satisfaction Granted him a [9] Append. N. 62. Chart of Absolution On the Morrow after the Cardinals held a great [1] Hoved. f. 303. b. n. 50. A great Council in Normandy with the Decrees Council with the Arch-Bishop and Bishops and Clergy of Normandy and then and there the following Decrees were made and injoyned to be observed inviolably by all men I. That Children [2] Append. n. 63. A. D. 1172. should not be admitted to the Government and administration of Churches with Cure of Souls II. The Sons of Priests should not be placed in the Churches of their Fathers III. a. Lords of Maners that built Churches upon their fee put in Priests to serve the Cure and received such profits of the Church as they and the Priest agreed upon and the Priests only staid in the Cure as long as they pleased Laics should not receive part of the oblations of the Church IV. b. This fourth Canon was to the same purpose for they let them out annually to such as would serve the Cure and give most for them That Churches should not be Committed to annual Vâ—cars V. That the Priests of great Churches which had sufficient Revenues should be Compelled to have another Priest under him VI. That Priests should not be Ordained without a certain Title VII Churches should not be let to annual farm VIII That nothing of the third part of the Tithes should be taken from the Priest that officiated IX c. That is such as built the Churches and were Patrons had liberty to present the first Clerc but not afterwards that was against the Liberty of the Church and Canons for investitures Those which held Titles by haereditary right might have leave to give them to what qualifyed Clerc he would upon Condition that * i e. after the first presentation after him They should revert to the Church to which they belonged X. The Husband ought not to turn Monk or Religious his wife staying in the World or remaining Secular Nor on the Contrary unless they were both past the works of the Flesh XI In the Advent of the Lord fasting and abstinency from flesh was Commanded to all that could bear it Especially to Clercs and Knights or Military Men. XII Jews or Jewish Clercs should not Exercise secular Authorities i. e. Covetous and Vsurers XIII Item de * These were French not English pounds novis libris Excommunicationis c. And the Goods of Dying people which the Priests carryed away and the Blessings in Marriage and Baptism and of the Forty and Eight pounds which were Exacted for the absolution of Excommunicated persons nothing was perfected because the Bishops of Normandy would not receive that Decree King Henry the Father [3] Hoved. f. 307. a. n. 40. King Henry gives the Arch-Bishopric to Richard Prior of Dover c. against the Prohibition of King Henry his Son and after an Appeal made to the Pope gave to Richard the Prior of Dover the Arch-Bishopric of Canturbury To Reginald the Son of Iocelin Bishop of Salisbury
Bishop of Durham returns into England Kings leave Hugh Bishop of Durham returned into England and met the Chancellor at Blithe in Nottinghamshire and delivered him the Kings Letters Patents by which he had made him Justitiarie from the River Humber unto the confines of Scotland He told him he was ready to obey the Kings Commands and carried him with him to Suthwell in the same County and kept him until he had delivered Windsor Castle and the rest which the King had given him in Custody He also Delivered his Son Henry Pudsey de Puteato and Gilbert de Lalea pledges for his faith to the King and Kingdom or Government [3] Ibid. n. 50. when the Bishop was free he went to his Town of Hâ—vedene where when he had staid some days came Robert Longchamp Brother to the Chanchellor and William de Stutevill with many armed people He is ill treated by the Chancellor and would have taken him away by command of the Chancellor But he gave security he would not stir from thence without leave of the King or Chancellor The Bishop sent his Messengers to the King to inform him of all things the Chancellor had done The King was at Marseille where the Bishops [4] Ibidem f. 380. a. n. 20. He informs the King of it and is by his precept restored to his possessions Messengers came to him and having heard the Injury done to him by the Chancellor he sent a Precept for the Delivery and possession of the Earldom of Northumberland and Maner of Sadberg according to the Charter he had made and that these were deteined in all probability was the only Complaint of the Bishops Messengers and the quarrel between him and the Chancellor for the King takes no notice of any thing else not the least of any other injuries done him From Normandy the King went to [5] Ibidem f. 379. b. l. 5. Chinon in Anjou and there made Gerard Arch-Bishop of _____ Bernard Bishop of Baion alias Bayeux Robert de Sabloil Richard de Camvil and William de Forz de Vlerun the Commanders of his whole Fleet. Deinde perrexit Rex Angliae in Andigaviam ad Chinonem ibi Constituit Girardum * What Arch-Bishop this was whether it might not be of Angiers or Auxeâ—â—e I know not Anxiensem Archiepiscopum Bernardum Episcopum de * False Printed it should be Baioceâ—sem See there f. 380. b. n. 40. Baiona Robertum de Sabul Ricardum de Canvill Willielmum de Forz de Vlerun Ductores Constabularios totius Navigii sui The Commanders or as the Historian calls them Constables of his Fleet being appointed by the Advice of heroic Discreet men He made [6] See Append n. 72. Laws made for preservation of Peace and Amity in the Fleet and Army Laws for prevention of Quarrels and Mischief and preservation of Peace and Amity in it which were That if any one Killed a man in a Ship he was to be bound to the Dead man and thrown into the Sea if he Killed on Shore he was to be bound to the Dead man and Buried with him If any one was Convicted by lawful Witnesses that he drew his Dagger or Knife to hurt another or drew Blood he was to lose his Hand If any one struck another with his open hand without Effusion of Blood he was to be Ducked thrice over head and ears in the Water If any one gave to his Companion opprobrious Language so often as he did it he was to give him so many Ounces of Silver If any one Stole any thing his head was to be shaved and boyling Pitch poured upon it and Feathers stuck in it that he might be Known and the first Land the Ship came to he was to be thrown out of it [7] Hoved. ut supra n. 10 20. And in another Edict or Writ in alio Brevi suo That all persons in his Fleet should obey the Commands and Orders of the Officers he had appointed ut obedirent Dictis Preceptis praedictorum Iustitiariorum Navigii sui From Chinon he went to [8] Ibid. n. 20 30. King Richard receives the Scrip and Staff of Pilgrimage A. D. 1190. Tours and there received the Scrip and Staffe of Pilgrimage from the hands of the Arch-Bishop and passed on to Vezelay where he met the King of France where they stayed only two Days and left that place on the first of July and went forward to Lions and passed the River Rhosne and there parted their numbers not permitting them to keep the same course the King of France taking his way to Genoa and the King of England to Marseille To which place [9] Ib. b n. â—0 Baldwin Arch-Bishop of Canturbury Hubert Bishop of Salisbury He had a presperous Voyage to Acon and Ranulf de Glanvill sometime Justiciarie of England came with the King and shipped themselves and had a prosperous Voyage to Acon Iohn [1] Ibidem The Bishop of Norwich is absolved by the Pope and returns home He pays the Kâ—ngs 1000 Marks Bishop of Norwich repented him went to the Pope was absolved from his Engagement and had Licence to return home which being known to the King he received of him a thousand Marks for his Redemption or to be freed from his promise of undertaking the Crusado When the King had [2] Ibidem f. 380. a. n. 30.40 staid at Marseille Eight Days in expectation of his Fleet he was out of patience and there hired ten Great Busses and twenty well armed Gallies and Shipped as many as he could and Sailed from thence upon the seventh of August and Coasted it along toward Sicily His Fleet came not thither until the 22d of [3] Ibid. f. 383. a. n. 50. August and there staid Eight Days to Mend and Cleanse their Ships and then followed the King and on the 14th of [4] Ibid. September arrived at Messina Here the two [5] Ibid. b. n. 30. The English by force take Messiua Kings met again King Richard Demanded his Sister Ioan of Tancred King of Sicily the Widow of William the late King and she was Delivered to him out of Custody And afterwards the English by [6] Ibid. f. 384. a. n. 30. What was demanded of Tancred King of Sicily by King Richard force took the City of Messina which King Richard kept untill Tancred had satisfyed all his Demnads which were That he should permit his Sister to injoy the Dower setled upon her by King William of Sicily her Husband That she should have the Gold Chair according to the Custom of the Queens of that Country Also the Gold Table 12 Foot long and one Foot and half Broad and two Golden Tressels belonging to that Table [7] Ibid. b. n. 50. f. 385. a. lin 1. c. and a Silk Tent in which 200 Knights might be entertained and 24 Silver Cups and so many Silver Dishes and 60000 Measures of Wheat and as
in the mean time all on both parts to repossess their Lands Castles and Towns which they had in the Beginning of the War between the King and Barons On the 27th of June by his Writ Directed to the Sheriff of Warwic we find King Iohn at Winchester from whence he passed privately to the Isle of [6] Mat. Paris f. 264 n. 40. King John goes into the Isle of Wight Wight where considering how to free himself from the Fetters of the Barons the Hardships they had put upon him and how he might make himself King again [7] Ibidem Sends to the Pope to void his Engagements and what the Barons had done And sends beyond Sea for Forces He sent Pandulph with others to the Pope that he might by his Apostolic Authority make void what the Barons had done and Frustate their Design He also sent Walter Bishop of Worcester and Chancellor of England Iohn Bishop of Norwich Richard de Marisco or Marsh William Gernon and Hugh de Boves to all the Transmarine Neighbour Nations with his Seal to procure Military assistance [8] Ibid. f. 265 lin 1. c. promising such as would Arm themselves for him possessions and Money good Store And for the greater Credit if it were needful they might make Charts to such as were Willing to come for their Greater security and their Military Stipends and appointed them to meet him at Dover on Michaelmass Day with as many as they could bring over [9] Ibidem lin 4. c. he sent also to all his Castellans or Governors of his Castles to Fortifie Man and Victual them as if they were to be immediately besieged and endeavour'd to make the Seamen of the Five-Ports of his Party and Friends In the mean time [1] Ibidem f. 265. n. 20. the Barons which were in London thinking their Work compleated appointed to meet at a Torneament or Tryal of Feats at Arms at Stanford Whereupon Robert Fitz-Walter and other Great Men wrote to William de Albeney what great conveniency it was to them all to keep in the City of [2] Append. n. 121. London the Receptacle of the Barons The Torneament which was to be at Stanford put off and to be holden upon Hounslo-â—eath London which was their Receptacle and what disgrace and damage it would be to them if by their negligence it should be lost c. And therefore by Common Council they deferred the Iusts which were to be at Stanford on the Monday after the Feast of Peter and Paul the Apostles i. e. the 29th of June until Monday after the Octaves of that Feast And that they should be holden upon the Heath between Stanes and Hounslawe and this they did for the security of themselves and City And therefore they sent to and required them diligently That they should come so well provided with Horse and Arms to the Tilting as they might receive Honor And he that behaved himself best should have the Bear a Lady would send thither At the same time Mat. Paris f. 265. n. 40 50. f. 266. lin 1. c. The King by his Messengers complains to the Pope of the hard usage of the Barons the Messengers of the King appeared before the Pope complaining of the Barons what affronts and injuries they had done to and Rebellions they had raised against him Exacting from him such Wicked Laws and Liberties as were not fit for his Royal Dignity to Grant Exigentes ab eo quasdam Leges Libertates iniquas Quas Regiam Dignitatem non Decuit Confirmare And that after the Discord between them when the King and Barons often met to Treat of Peace he publickly protested before them That the Kingdom of England in Respect of Dominion belonged to the Roman Church and That without the Popes Consent he could ordain nothing New or Change any thing in his Kingdom to his Prejudice And Therefore by Appealing put himself And puts himself under his Protection and all the Rights of his Kingdom under the Protection of the Apostolic See That the Barons taking no notice of the Appeal were then in Possession of the City of London Delivered to them by Treason and then armed themselves and Exacted the foresaid Liberties and the King fearing their force dare not deny what they required And then they delivered the Articles of the Charter in Writing to the Pope which when he Diligently perused he Knit his Brows and said What do the Barons of England indeavor to Dethrone a King that hath taken upon him the Croysado and is under the protection of the Apostolic See and to Transfer the Dominion of the Roman Church to another By St. Peter this Injury we cannot pass by unpunished And Deliberating with the Cardinals Damned and Cassated for ever by a Definitive Sentence The Pope makes void the Charter of Liberties the Charter of Liberties so often mentioned and sent the Bull which Conteined the Sentence to the King But before we speak further of it ' its necessary to take notice of some Precedent Records which it refers to not to be found in the Historians After the Barons had appeared in a Warlike Posture before the King at Christmass as hath been related and made their Demands of the Liberties they required of him He gave the Pope Notice of it who upon the 19th of March following [4] Append. n. 122 123. The Pope chargeth the Barons for raising new Questions and Controversies and exhorts them not to enter into Conspiracies against the King but to behave themselves dutifully towards him wrote to the Archbishop and his Suffragans or the Bishops of his Province and the Barons that they raised new Questions and Controversies against the King such as were not heard of in the time of his Father or Brother That they should not enter into Conspiracies against him but humbly and Dutifully apply themselves to him and perform their accustomed Services which were Due and had been performed by their Predecessors to him and his Predecessors Upon which he would enjoyn him upon the Remission of his sins To deal Mildly with his Nobles and admit their Just Petitions On the 10th of May next following He Published a [5] Append. n. 124. Declaration That he would not take the Barons or their Men That is their Tenents nor Disseise them nor pass upon them by force and Arms But by the Law of the Land and Judgment of their Pears in his Court The King offers to refer the Differences between him and the Barons while Things should be Determined by Four to be chosen on his part and four by the Barons and the Pope to be Vmpire and for the Performance of this he offered as Sâ—curity the Bishops of London Worcester Chester Rochester and William Earl Waren On the 29th of May following King Iohn [6] Append. n. 125. The Archbishop and his Suffragans neglect the Popes Commands The Barons refuse to hear what he wrote King
Counties of Essex Norfolk and Suffolk and miserably wasted them put a Garrison into the Castle of Norwich which Thomas de Burgh had deserted This done the French returned with great Booty and Spoyls to London where Gilbert de Gant came to Lewis by whom he was Girt with the Sword of the County of Lincoln and made Earl thereof and was then sent to restrain and block up the Forces in the Castles of Nottingham and Newark At the [8] Ibidem York and Yorkshire subjected to Lewis same Time Robert de Ros Peter de Brus and Richard de Perci reduced York and Yorkshire to his Obedience Gilbert de Gant and Robert de Ropesle took the City of [9] Ibid. f. 286. lin 1 2. Holland in Lincolnshire Plundered Lincoln with the Country round about except the Castle and put them under Annual Tribute Then they Plundered Holland and made it Tributary [1] Ibid. lin 4 A great part of Northumberland made subject to him The King of Scots made subject to Lewis all Northumberland except the Castles which Hugh de Bailiol and Philip de Hulecoâ—es Defended About [2] Ibid. n. 10. A. D. 1216. Lewis Besiegeth Dover Castle Midsummer Lewis Besieged Dober Castle where Hubert de Burgh was Governor after he had Battered it for some time he was beaten off by the Defendants and forced to remove his forces to some Distance where they lay Quiet and intended to starve those they could not Conquer At the [3] Ibid. n. 20. Part of the Barons made an inrode into Cambridgshire Norfolk and Suffolk c. Yarmouth Dunwich and Ipswich redeem themselves same time part of the Barons made a Cabalcade into Cambridgeshire wasted the whole Country and took the Castle from thence they marched into Norfolk and Suffolk and plundered them and all the Churches and forced the Towns of Yarmouth Dunwich and Ipswich to most Grievous Redemption and Returning by â—chester Committed the like Outrages there and came again to their known lurking places of London ad [4] Ibid. n. 30. They return with their Plunder to London not a Londoniarum latibula reversi sunt After this the [5] Ibid. n. 30. The Barons Besiege Windsor Castle Barons gathered together a great force under the Command of the Earl of Nevers and Besieged Windsor Castle in which were Sixty Knights with their several Retinues The French applyed their Battering Engines against the Walls and the Defendants indeavoured to Beat them off Mat. Paris says [6] Ibid. n. 40 50. King John raiseth an Army out of his Garrisons with which he marched up and down the Countries and wasted the Barons Estates The Barons leave the Siege of Windsor Castle and follow the King When they could not take him they plunder the Countries so soon as King John knew Dover and Windsor Castles were Besieged out of his Garrisons raised a great Army and for one Moneth Marched speedily up and down the Countries and wasted the Lands of the Earls and Barons Burnt their Houses Destroyed their Fruit and Corn. That at Length he wandered into the Counties of Norfolk and Suffolk and there wasted the Estates of the Earl of Arundel Roger Bigod William de Huntingfield and other great men And that the Barons seeing they could make no progress in the Siege of Windsor left it in the night and their Tents behind them and Marched in all hast toward Cambridge that they might shut up and surprize the King But he having notice of their Coming that way made his Escape to Stanford and from thence went towards Lincoln the Castle whereof was then Besieged by Gilbert de Gant who upon his Appearance fled with all his Forces The Barons hereupon having Missed the King Plundered and Wasted the Countries and [7] Ibid. fol. 287. lin 1. and bring their prey to London returned to London with their Spoils and Prey where placing a Garrison they went to Lewis then busied in the Siege of Dover Castle where came to him Alexander King of Scots and did him Homage for the Lands he held of the King of England It [8] Ibid. n. 10 20. The Viscount of Melun Discovers Lewis his Designs and intentions against the English Barons and English Nation happened at this time That the Vicecomes or Viscount of Melun a French Nobleman that came with Lewis into England fell sick in the City of London and when he saw Death approaching he called to him some of the Barons of England that remained there for the security of the City and told them he was sorry for the Destruction and Ruine that was coming upon them which they understood not For Lewis had Sworn with sixteen Earls and Barons of France that when he had Conquered England and was Crowned he would for ever Banish all those that fought for him and persecuted King John as Traytors and Destroy all their Generations and that they might not Doubt of it he affirmed in words of a Dying man and as he hoped for Salvation That he himself was one of those That Swore with Lewis and so wished them not to Discover what he said but provide for their safety he presently Dyed When these things [9] Ibid. n. â—0 The Barons begin to repent of their usage of King John and dispair of pardon from the greatness of their Crimes were whispered amongst the Barons they were much troubled for they observed that when Lewis took any of their Castles from the King he placed in them French Governors notwithstanding their Oppositions But it Grieved them most That he had Stigmatized them with the Character of Traytors And it added to their grief not a little That they were Excommunicated Some of them Reflecting upon their Condition Thought of returning to their obedience but feared they had so highly provoked King John That he would not admit of their Repentance Upon the Patent [1] Rot. Pat. 18 Johan The King was up and down in the West Country most part of the Summer Roll of this year we find King John Busied in the West all this Summer from almost the beginning of May to the beginning of September for by the Grants there made the Protections and other things there Granted we find he was in perpetual motion and he very seldom stayed 2 or 3 Days in a place as appears by the Tests of the Patents where the place of his being is always Expressed Sometimes at the beginning of the Summer he was at Winchester at the Divises at Bristol Wells Shirborn Warham Corf Castle Lutgarsâ—al Berkeley Castle and very many other places in the West Country and backward and forward to and from the same places While he was here in the West he made [2] Append. N. 136. Lin in Norfolk a place of Refuge for the Kings persecuted Subjects his Treasure there secured c. Lin in Norfolk as it were a place of Refuge or Defence to those of his party and his Loyal Subjects and there also without doubt secured
put the rest to flight The Citizens returned into the City meditating revenge and met in great Numbers Serlo the Major hearing of their tumultuous proceedings came to them and advised them to make their complaint of the injury they had received to the Abbat of Westminster and if he would punish the Offenders to take that for sufficient satisfaction Constantine a popular Citizen the chief Author of that Riot But Constantine a man very popular among them opposed this method telling them the Abbat and Steward deserved to have their houses pulled down and levelled with the ground This Counsel was approved of and executed by the rabble to the great prejudice of the Abbat When Hubert de Burgh the Justiciary had notice of these Ryotous proceedings he came to the City with some Troops of Soldiers and Commanded the Principal Citizens should with speed come to him of whom he inquired who were the Authors of this Sedition and Subverters of the Kings City His Answer to the Justiciary and who they were that thus dare presume to break the Kings Peace Constantine answered They had done less then they ought to have done and would stand to what they had done Adding The King had violated his Oath whereupon Lewis justly refused to perform what was covenanted between them When the Iusticiary heard this Confession he dismissed all but Constantine and his Nephew He is Hanged with two others and one Geofry that proclaimed Constantine's Edict whom he ordered to be hanged next day Morning When the Rope was about Constantine's Neck he offered 15000 Marks of Silver for Pardon but to no purpose When the Sentence had been pronounced without noise or the knowledge of the Citisens Falcasius with a Guard carried him by Water upon the Thames to the place of Execution After this * Ibid. n. 50. the Iusticiary and Falcasius i. e. Fawks de Breant with a considerable Guard went into the City and whosoever he found Guilty of the Sedition he imprisoned and caused either their Feet or Hands to be cut off and then set them at Liberty many fled for fear and never returned The King punisheth the City of London for the Riot And turns out the Officers and for a greater punishment to the City the Kings turned out all the City Magistrates and appointed new Prefects Governors or Officers in their place Rex in majorem vindictam omnes Vrbis Magistratus deponens novos in Civitate constituit Praefectos Not long after the King * Append. n. 147. Thirty Hostages given for the security of the City of London named Thirty persons to be Security and Hostages for the Good Behaviour preserving the Peace and faithful Service of the City of London The Vniversity or Community whereof bound themselves to the King by a Chart Sealed with their Commune Seal to deliver them or more to the King or Justiciary whenever they were called for and if any of them dyed to add others On the 29 th of January following the King * Append. n. 148. The King Lets the Office of Chamberlan of London at 100 l. per annum Let out to Farm to William Ionner Citisen of London the Office of Chamberlan of London with all things belonging to it for two years at One hundred pounds a year to be paid into the Exchequer Reserving to himself the Prizes or Customs of Grey Work that is Grey Cloth of Wax and Silk Cloaths to be delivered to the King for his own use by the Hand of the Farmer In the year 1223. the King kept his [5] Ibid. f. 316. n. 50. The Archbishop and great Men desire a Confirmation of their Liberties Christmass at Oxford A. D. 1223. and on the 13th of January met his Barons at London in a Parlement or Conference apud Lundonias veniens cum Baronibus ad Colloquium where the Archbishop of Canturbury and other Great Men Et alii Magnates Requested that the King would confirm the Liberties and free Customs Libertates liberas Consuetudines for which a War was made with his Father urging moreover that when Lewis departed from England both he and all the Nobility of the Kingdom had sworn to observe and cause to be observed those Liberties and therefore could not Râ—fuse to do it William Briwere one of the Kings Counsellors replyed That the Liberties they desired were violenely Extorted and therefore ought not to be observed The Archbishop in a Passion reproved him and said if he loved the King he would not hinder the Peace of the Kingdom The King [6] Ibid. f. 317. l. 3. seeing the Archbishop moved The King promiseth to preserve their Liberties assured them that he had bound himself by Oath to preserve their Liberties and what was Sworn should be observed And having called a Council he forthwith sent his Letters to all the Sherifs of the Kingdom to make inquiry by the Oath of Twelve Knights or Legal Men in every County And causeth Inquisition to be made what they were what were the Liberties in England in the time of King Henry his Grandfather and to make a return of them to London Fifteen days after Easter The Contents of the * Append. n. 149. The Writ of Inquiry directed to Twelve Knights c. Writ it self do in many things differ from this report of Mat. Paris by which the Sheriffs were commanded to make diligent inquiry by the Oaths of Twelve of the most legal and discreet Knights of their Counties in a full County Court what Customs and Liberties King John his Father had the day in which the War began between him and his Barons concerning Lands and other things within Burghs and without and cause them to be proclaimed and observed in their Counties and to cause the Inquisition and Writ to be returned to the King at Westminster on the Morrow of the close of Easter This year while William Mareschal [7] fol. 317. n. 10. Lewelin King of Wales takes two of the Marshals Castles The Marshal retakes them And kills 9000 Welsh Earl of Pembroke was busied in Ireland Leolin King of the Welch took Two of his Castles and put all to the Sword that he found in them and placed Welch-men in their room The Mareschal having notice of what was done returned with great speed into England and forthwith Besieged these Castles and retook them and cut off the Heads of all the Welch-men and then marched into Leolin's Countrey and wasted all before him with Fire and Sword Having totally defeated the Welch He took and slew about 9000 few escaping by flight After this the same Lewelin Prince of North-Wales acknowledged by his * Pat. 7. Hen 3. M. 2. dors Lewelin binds himself to give King Henry satisfaction for the damages done him Chart Sealed with his Seal and witnessed by many Bishops Earls and Barons That he had Sworn to give satisfaction to his Lord Henry King of England and his People within
many of his Lands and the Lands of his Son Edward and other his Liege Subjects against the Homage and Fealty they had sworn to him The Welch made these incursions at this time upon [6] Paris f. 963. n. 30. What moved the Welch to Rebell at this time Confidence the King would be diverted by the Scots For whereas that King upon Marriage with King Henry's Daughter had put himself and Kingdom [7] Cl. 42. Hen. 3. M. 11. Dors under his Protection and Government until he should be of lawful age Some of his Rebels took him from the Counsellors and Curators King Henry had set over him and detained him against his Will For repressing of this Insolency and Rebellion the King issued out [8] Ibid. M 10. Summons on the 17 th of January before to all his Military Tenents of the North especially those of Yorkshire Cumberland and Northumberland to march with Horse and Arms and all their Force into Scotland with such as he should send to them After [9] Paris ut supra n. 40. A Parliament called at London The Kings demands rejected by the Great men Hoke Tuesday That is Tuesday fortnight after Easter-Tuesday a Parlement was convened at London Post diem Martis quae vulgariter Hoke-Daie appellatur factum est Parlamentum Londini wherein the King pressed with the Affairs of the Kingdom of Apulia concerning which Master Herlot was sent to urge him to a direct and positive Answer Demanded a very great Sum of Money which the Pope had upon his Request obliged himself to pay to the Merchants The Great [1] Ibid. f. 965. n. 50. Men stifly denyed to assist him with Money And in this [2] Ibid. f. 968. n. 10 20. The Barons complaints against the King Parlement there arose great Heats and Contentions between the King and Barons who made great complaints against him That he nighted the Keys and Power of the Church and did not observe the Tenor of his Great Charter That he had raised to Dignities and Riches his half Brothers against Law and Right as if they had been the Natural People of the Land and would not suâ—â—er any Writ to issue out of Chancery against them That although the pride of his Brothers and other Poictovins were intolerable Montfort appeals to the University and upbraideth the King yet William de Valentia exceeded them all Simon Montfort Earl of Leycester making his advantage upon these Debates and Wranglings complained very heartily not to the King but to the Vniversity calling for Justice And up braided the King that he promoted and enriched Strangers and despised and wasted his own People to the Subversion of the whole Kingdom by which means he became unable to Repell the injuries of the inconsiderable Welsh These Heats and Wranglings [3] Ibid. n. 20. The Parlement Adjourned to Oxford continued until the Sunday after (a) This year 1258. and 42 of Hen. III. Easter-Day was March 24. and Hock-Tuesday was April 10. Ascension-Day was May 2. Whitsun Tuesday May 14. So that St. Barnaby's Day or 11th of June was just Twenty eight days after that upon which the Parlement was to meet at Oxford by Adjournment Ascension-day when the Parlement was adjourned unto St. Barnaby's-day to be holden at Oxford but before the Adjournment upon Ascension-day or Second of May the Barons promised [4] Append. n. 188. The Barons Proposals to the King That if he would reform the state of the Kingdom according to their Advice and that the Pope would make the conditions about the affair of Sicily * The same with that of Apuâ—ia The King yieldeth to them more easy so as it might be prosecuted with effect They would then endeavour to procure him a Common Ayd or Tax for that purpose And the King agreed That before Christmass next coming the State of the Kingdom should be ordered by them and the Popes Legate if in England And for the performance of what should be ordained he put himself under the Popes Power so as he might compell him to it which way he pleased by Ecclesiastic Censure and caused his Son Edward to Swear That he would observe and keep what he had Granted Moreover he [5] Append. n. 189. What the King Granted to the Barons Granted at the same time to the Barons That the State of the Kingdom should be rectified and reformed by Twelve faithful persons of his Council then chosen and Twelve others to be chosen by the Barons who should meet at Oxford a Month after Whitsunday next coming as they should think fit to the Honour of God and Profit of the Kingdom And promised inviolably to observe whatsoever should be ordained by them 24 or the greatest part of them under such Security as they should Direct and caused his Son Edward to Swear he would inviolably observe the same things whereupon the Earls and Barons promised to endeavour that the Community of the Kingdom should Grant a Tax to him These Twenty Four had [6] Append. n. 190. power to choose four that were to choose the Kings Council which was to redress and amend all matters appertaining to the King and his Kingdom and this Council or the greater part of it was to choose one or more in the place of such as should make Default c. Barnaby Day approaching [7] Paris f. 970. n. 40 50. The Great men come Armed and Guarded to the Parlement at Oxford the Great Men and Nobles of the Land hastened to the Parlement then to be holden at Oxford and commanded all such as ought them Military Service to accompany them so prepared as if they were to defend their Bodies from the attempts of their Enemies And they did so Quod fecerunt palliating their coming thus armed under pretence of going against the Kings Enemies the Welsh But fearing as they pretended an Intestine War and that the King and his Brothers the Poictovins should bring in Foreign Troops against them and therefore they caused the [8] Ibid. f. 971. n. 10. Ports to be strictly Guarded The chief Transactions of this Parlement were these following First the Election of the 24 according to the Kings Grant who were to amend and reform what they should think amiss in the Kingdom The twelve [9] Annal. Burton f. 412. chosen by the King were The Bishop of London The Elect of Winchester Henry Son to the King of Almaign John Earl of Warren Guido de Lusignan the Kings half-Brother William de Valentia the Kings half-Brother John Earl of Warwic John Mansel Frier J. de Derlington The Abbat of Westminster Henry de Wengham Dean of St. Martins London The Twelfth not mentioned Q. whether not the Arch-Bishop of Canturbury Peter of Savoy or James Audley The twelve chosen by the Earls and Barons were The Bishop of Worcester Simon Earl of Leicester Richard Earl of Glocester Humfrid Earl of Hereford Roger Earl of Norfolk and Mareschal Roger Mortimer
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
and Prelates came to him that they might be present at his death He desired his Debts might be first payd and what remained might be given to the relief of the Indigent He dyed on the Feast of St. Edmund or the 20 th of November after he had Reigned Fifty six years and twenty days and was buried at Westminster Church Affairs THere were in this Kings long Reign many Councils holden and in them all many Canons made about the then Ordinary Matters of the Church These I shall pass by and note those things which were the Matter of Debate and Discord Inter Regnum Sacerdotium between the Secular and Ecclesiastic States and are conteined in the Canons made at [1] Annal. Burton f. 388. Merton by Boniface the Arch-Bishop of Canterbury the Bishops and Clergy of the Kingdom both Secular and Regular who met there on Thursday before [2] It was this year on Tuesday month after Whitsun-tuesday and was the very day on which the Barons met at Oxford and made the Provisions there which were the cause of all the mischiefs that insued Barnaby day Anno Domino 1258 and 42d of Henry the Third as Provisions against the Fifty Articles of Grievances which were like to those St. Thomas the Martyr and Arch-Bishop of Canterbury contended for and became a glorious Conqueror Qui Articuli vel capitula similia fuerunt illis pro quibus Beatus Thomas Archiepiscopus Cantuariensis Martyr Dimicavit Victor effectus Gloriosus Paris f. 951. n. 30. who in his [*] f. 199. n. 30. Additaments says They were the Articles for which the Bishops had and were to fight for Two year after they were again Reviewed and Confirmed at London Linwood Oxford f. 15. 1. That no [3] Annal. Burton f. 389. Paris Additaments f. 204. n. 40. Arch-Bishop Bishop or inferiour Prelate be forced to appear before any Secular Court upon Summons from the King or any Lay-man But the greater Prelates shall signifie to the King they cannot obey any such Summons without danger of their Order or Subversion of Ecclesiastical Liberty And if the King or his Officers shall proceed to Attach or distrein any Prelate thus refusing they shall be obnoxious to Excommunication and Interdict 2. That no Clerc of any Condition or Order do by his own power or any Lay-authority thrust himself in or be possessed of any Ecclesiastical Benefice or Dignity And every one so offending shall be for ever deprived of his Benefice and Excommunicated by his Diocesan And if any such Intrusions shall be made by the Kings Authority the Diocesan shall admonish him to revoke them and upon refusal to Interdict all his Lands and Places lying in that Diocess if by any Great Man then to Interdict and Excommunicate him and he is not to be released till he hath made sufficient satisfaction 3. That no Persons Excommunicated and Imprisoned shall be set at Liberty by any Sheriff or Bailiff without the consent of the Prelates And every such Sheriff or Bailiff so offending unless he maketh satisfaction to the Church shall be Excommunicated but if they do it by the Command of the King then they are to be more favourably dealt withal according to the Discretion of the Ordinary And if the usual Writ De Excommunicato Capiendo shall according to the Custom of the Realm be required and denied then the Prelates shall admonish the King to grant it and upon his refusal to Interdict all his Cities Castles Burghs and Villages in that Diocess 4. That if any Lay-man do apprehend and detein any Clerc that is known to be so and of good fame and do refuse to set him at liberty upon demand of the Ordinary let him be Excommunicated and the place Interdicted Whoever shall falsly accuse any Clerc let him be subject to the same Censure Whoever shall apprehend any Clerc's that are vagrant and unknown and do refuse to deliver them to the Ordinary upon his Demand shall be censured as aforesaid If any Clerc be amerced for any personal Transgression by a Secular Judge he shall not be compelled by the [*] They were to force the payment of Amercâ—aments by Ecclesiastic Censures Prelates to pay the Amercements because they were not set by his proper Judge But if he be Canonically convicted by his Ordinary he shall make satisfaction according to the quality of his Transgression and Discretion of the Ordinary 5. If any Lay-man shall bring the Kings Prohibition to remove his Action from the Ecclesiastic to a Secular Court let him be Excommunicated and if he doth not desist then let his Land be Interdicted 6. That any Jew though Interdicted Trade and Communion with the Faithful yet may be compelled to answer before an Ecclesiastical Judge and whoever doth forbid or hinder him from so doing let him be Excommunicated and Interdicted 7. Whoever shall forceably take away or kill any that have taken refuge in any Church or Church-yard or shall hinder them from receiving any Victuals for their maintenance while they are under Ecclesiastical protection let them be Excommunicated 8. Whoever shall invade or infringe Ecclesiastical Goods or Liberties let them be Excommunicated by the Ordinary of the Place And if they do persevere let the places wherein they live be Interdicted And neither of the Sentences to be released till they have made competent satisfaction 9. If any Great Men shall violate the Priviledges of Sanctuary either by invading and carrying away their Goods or by reproaching beating and evil treating the Religious let them be solemnly Excommunicated till they make Restitution and Satisfaction 10. If any of the Kings Bailiffs shall in the vacancy of any Cathedral or Conventual Church make any waste of the Woods Warrens Houses Corn Furniture Tenths or Oblations appropriate to Bishopricks and Monasteries let them be Excommunicated And if they persevere let the Sentence denounced against Infringers of Magna Charta be solemnly pronounced against them and upon contempt of these Censures let them be Interdicted And if the King be competently admonished and doth refuse to make restitution let him be proceeded against as is usual in such Cases 11. If any Itinerant Judge doth not accept of the Appearance of any Arch-Bâ—shop or Bishop by his Attourney or Proxy but shall proceed to Distrein or Attach them or doth not accept their Plea of long Possession to a Quo Warranto why they use their Liberties but shall suffer their Persons to be Attached and their Goods Distreined let the Attachers and Distreiners be Excommunicated And if they do not dismiss any Prelate when he is required by the Arch-Bishop and Bishops let them proceed to Interdiction 12. If Justiciaries or any Secular Judges shall by perverse interpretation of Charters saying they are void because the Express [*] The Clergy extended those general words The Church shall be free and shall injoy all her Liberties to whatever they called or had a mind to make a Liberty of the Church Article or
ever should Enjoy the Liberties granted by them to the Kingdom of England which were written and sent sealed thither under the seals of the Popes Legat and William Earl Marshal the King then not * His Fatâ—… seal was 〈◊〉 with his 〈◊〉 Regalia 〈◊〉 passage oâ— the Wathâ—… having a Seal of his own In the seventh year of his Reign upon complaint made by the Citizens of Dublin against their [2] Cl. 7 Hen. 3. mâ—… Dors. The King â—…hibits the Arch-Bisâ—… of Dubli◠〈◊〉 meddle wâ—â—â— secular caâ—… in Spirituâ—â— Courts Arch-Bishop who was then the Kings Chief Justice for proceeding against the Laws and Customs of the Nation used in all places of England and for his Vsurpation upon the Rights of the Crown against his Trust and Duty as Chief Justice in drawing several causes belonging to the Kings Temporal Courts to his Ecclesiastical Courts to Enlarge his Jurisdiction to the Grievance and Dishonour of the King There was a [3] Ibid. writ sent to him to forbear such things for the future or that he would be severely dealt with for such practises In the 11 th of his Reign [4] Cl. â—… Hen. 3. Paâ—… m. 21. The same to be in iâ—â—Iâ—â—land as enâ—Enâ—land conceâ—â—ing Excomâ—â—nicate Peâ—… there was a Writ sent to Geofry de Marisco Justice of Ireland for observing the same Customs and Law there for taking persons continuing Excommunicate by the space of forty days upon the Arch-Bishops and Bishops Certificate by a Capias Excommunicatum as was used in England In the 12 th of his Reign he wrote to [5] Cl. â— Hen. 3. M Richard de Burgh his Justiciary to call together the Arch-Bishops Bishops Abbats Priors Earls Barons Knights and Freetenents and his Officers in Every County and cause the Charter of King John to be read before them and then to injoyn them to the strict observation of the Laws contained in it In the 15 th year of his Reign about [6] Pariâ— 366. n. 20 The King Conaught his Army routed 2000 Men and the Kiâ—â— made prisâ—â—er July an Irish King of Conaught knowing that the King William Marshal and Maurice Fitz-Gerald were gone over into France so that Ireland was left without any great force to Defend it raised a mighty Army or rather a great number of people and entred into the Dominion of the English spoyling and Burning the Country The news whereof was brought to Geofrey de Marisco then Deputy Justiciary and he calling to his assistance Walter Lacy and Richard Burgh raised a considerable force with which he fought and beat the Irish killed twenty thousand of them and took their King Prisoner In the 19 th of his Reign the [7] Cl. â—… Hen. 3. M Dors. Free Commerce and trade betwâ—â—â— England aâ—â— Ireland King issued a writ to Maurice Fitz-Gerald his Justiciary for free Commerce and Trade between his Subjects of both Nations without Restraint The next year [8] Cl. 20. Hen. 3. m. 13. Dors. The Statutes of Merton concerning Bastardy to be observed in Ireland he wrote to the Arch-Bishop of Dublin and his justiciary for the Observation of the Statutes of Merton especially concerning Bastardy and in a Case then depending before them In the 24 th of his [9] Paris f. 526. n. 40. Coheirs females how they were to hold in Knights service Reign the King sent instructions under his seal how lands holden in Knights service that Descended to Sisters Coheirs should be divided and how and by whom Homage should be done and in what manner and of whom the younger Sisters should hold according to the Statute of Ireland made the 14 th of his Reign In the 29 th of his Reign the Welch putting King Henry to great Trouble he intended wholly to destroy them [1] Ibid. f. 685. n. 20. Maurice Fitz-Gerald put out of the place of Justiciary and sent to Maurice Fitz-Gerald his Justiciary to come to his assistance with forces out of Ireland who not coming so soon as he was expected having a fair and prosperous wind was put out of his place of Justice and John Fitz-Geofry de Marisco substituted in his stead In the thirtieth of his Reign he [2] Append. n. 228. The Laws of England to be strictly observed in Ireland directed a Writ to the Arch-Bishops and others in Ireland that the Laws of England should be strictly observed in Ireland as King John his Father had formerly commanded Yet notwithstanding this Command this privilege of using the English laws in Ireland was [3] Append. n. 229. Those Laws not intended for the Benefit of the native Irish never intended by King John or King Henry that it should extend to all the native Irish but only to the English Inhabitants transplanted thither or there born and to such native Irish as faithfully adhered to these Kings and the English in Ireland against the Irish that complyed not with them who were not to receive any Benefit by them The King in the 38 th year was in Gascoigne and wanting Forces [4] Cl. 38. Hen. 3. M. 9. Dors. The King sends into Ireland for forces to be brought to him from thence into Gascony sent his Writ to John Fitz-Geofry his Justice of Ireland to come to him in person with a good number of Men if there were no danger of an insurrection in Ireland otherwise to send Maurice Fitz-Gerald with the same force and to borrow Mony from the Popes Collector in Ireland for that affair with his consent to be repaid him at a certain day Prince Edward had the Kingdom of Ireland Committed to him for his support with power to make put in and out what Justices and other Officers he pleased when the Barons were at Oxford and had made their provisions in the 42 d. year of this Kings Reign he [5] Pat. 42. Hen 3. M. 5. Prince Edward put out of the Command of Ireland by the power of the Barons wrote to the Arch-Bishops Bishops Abbats Priors Barons Knights c. That he heard his Son intended to make a new Justice there and put his Castles into such hands as it might be great Damage and not without fear of their Disinheriting and therefore Commands them not to be obedient to any such Justice Constables or Keepers of Castles made or appointed without his Letters Patents by assent and advice of his Council After the same manner he wrote to all Majors and Communities of Cities and Towns in Ireland and to the Constables of Castles and Commanded Alan Zousche his Justiciary not to obey or give up his Authority to any new Justiciary or Constable that should come without his Letters Patents The King wrote to the [6] Cl. 49 Hen. â— m. 7 Dors. The Kings Writs to several great men to secure the Peace of Ireland Arch-Bishop of Dublin the Bishop of Meath his Treasurer Walter de Burgh and Maurice Fitz-Maurice Gerald that he heard there was like to be great Dissention between the
ad warrantum suum vel aliquem alium qui eum possit inde warrantizare Item Rex defendit quod nullus donet vel vendat aliquid ad destructionem Bosci sui vel ad wastam quae sit infra forestam Regis sed concedit bene quod capiant de boscis suis quod necesse iis fuerit sine wasto hoc per visum forestarii sui viridariorum suorum Item praecipit quod omnes illi qui Boscos habent infra metas forestae Domini Regis quod ponant idoneas Wood-men forestarios in Boscis suis de quibus forestariis ipsi quorum Bosci fuerint sint plegii vel tales inveniant plegios idoneos qui possint emendare si forestarii in aliquo forisfecerint quod Domino Râ—gi pertineat Item praecipit quod sui forestarii curam capiam super forestarios militum aliorum qui Boscos habent infra metas forestae Domini Regis quod Bosci non destruantur Nam si super hoc Bosci â—orum destructi fuerint sciant bene illi quorum Bosci fuerint quod de â—psismet vel de eorum terris capietur emendatio non de alio Item praecipit Rex quod sui Forestarii jurent quod secundum omne posse suum tenebunt ejus assisam qualem eam fecit de forestis suis quod non vexabunt milites neque probos homines de hoc quod Dominus Rex iis concessit de Boscis eorum Item praecipit quod in quolibet Comitatu in quo venationem habet ponantur 12. Milites ad Custodiendam venationem suam viride in forestis suis quod 4. Or Tenents in Military Service alias Free Tenents Milites ponantur ad adgistandos Boscos suos ad recipiendum pannagium suum custodiendum defendendum Item praecipit quod nullus adgistet Boscos suos infra metas forestae suae antequam Bosci eorum adgistentur est sciendum quod incipit adgistamentum Domini Regis 15 dies ante festum S. Michaelis durat 15 diebus post festum S. Michaelis Item praecipit Rex quòd si forestarius ejus habet in Custodia sua Dominicos Boscos Regis et Bosci illi destructi fuerint et non possit nec sciat justam causam monstrare quare Bosci destruantur nihil aliud capiatur de forestario illo nisi proprium corpus suum Item praecipit quod nullus clericus ei forisfaciat de venatione sua neque de forestis suis et praecipit bene forestariis suis quòd si invenerint eos forisfacientes non dubitent in eos manus imponere ad eos resistendos et capiendos ipse enim eos inde warentizabit Item Rex praecipit quòd omnia esâ—arta videantur in quolibet 3. anno tam nova quam vetera intra reguardum et omnes purpraesturae similiter et omnia wasta Boscorum et quòd quodlibet illorum per se imbrevietur Item Rex praecipit quod Archiepiscopi Episcopi Comites Barones et Milites et Livere Tenentes et omnes homines de terra sua veniant ad summonitionem magistri forestarii sui ad placitanda placita de forestis suis Prohibendum est etiam ad placita forestae ne aliqua caretta exeat chiminum in foresta Regis neque porci sint in â—oresta Regis tempore de Foinesun Scilicet 15 diebus ante Nativitatem S. Johannis Baptistae et 15 diebus post idem festum Est auâ—em sciendum quod qui forisfecerit in foresta Regis de venatione sua et inde attaintus fuerit erit in misericordia Regis ad oculos et testiculos perdendos Qui autem forisfecerit in foresta Regis de viridi sive per culpaturam si ver per esbrancaturam sive per foditionem turvarum sive per escoriationem motae sive per culpationem de sub nemore sive per essartum sive per novam purpresturam per sepem vel fossatum vel per renovationem molendini vel cursus aquae vel Bercariae vel aliarum domorum vel per foenum falâ—andum extra sepes vel extra fossata erit in misericordia Râ—gis de pecunia sua nisi habet viridarios vel forestarios Regis ad warrantum Similiter qui arcus vel sagittas portaverint vel canes duxerint sine copula per forestam Regis et inde attaintus fuerit erit in misericordia Regis Statutum etiam est quod semper in 3. anno fiat visus forestae in reguardo autem forestae haec supradicta videnda sunt Et videnda sunt in reguardo nova essarta et vetera in bladata post ultimum reguardum et quo blado vel legumine in bladata sint Nova autem sarta erunt in manu Regis si vetera sarta inbladata sunt de frumento vel siligine unaquaeque acra dabit Regi 12 denarios de illa vestitura et si inbladata fuerint de avena vel hordeo vel fabis vel pisis vel alio legumine unaquaeque acra dabit Regi 6 denarios de illa vestitura Articles of Pleas of the Crown THE Judges Itinerant were to hear and determine all Pleas of the Crown New and Old which were not determined before the Kings Justices And all By Assises here are meant the Antient Writs by which Actions were brought either for Right or Propriety by a Writ of Right or Possession by a Writ of the Death of an Ancestor or of Novel Disseisin by a Writ of that Title c. Assises Death of Ancestors Novel Disseisins and of great Assises so far as Ten Pounds by the year of Land and downwards and of Advowsons of Churches The Actions of the Great Assise or a Writ of Right by which the property was tryed was brought by the Mandate or Writ of the King or his Capital Justice They were to inquire of vacant and full Churches which were in the Kings Gift who gave them and who had them and what their value Of the Kings Escheats their value who had them and by whom Of Ladies Young Gentlemen and Women which were or ought to be in the Kings Gift that is as to Marriage what the value of their Lands and whether they were Married To whom by whom and how long They were also to inquire what Widows had not Fined or Compounded for License to Marry themselves and the Fine to be taken to the Kings use Of the Kings Lands held by many Men in all Counties for some particular Services performed to the King see Append. to the Introduction to History f. 22. A. Serjeanties who hath them and from whom and their value and who of them contributed toward an Aid to the King and who not and let the Fine or Composition for the Aid be taken to the Kings use Of the Vsury of Christians and of their Goods and what The King had the Goods of Usurers after their Death Usurers were dead Of those that were
same with the Germans Ibid. C. D. To whom their pecuniary Mulcts were paid Ibid. E. Their way of Inheritance and Succession Ibid. F. Their propriety only Annual f. 54. A. Their manner of eating and drinking Ibid. B. The time of their Assemblies and who was Chair-man Ibid. D. Who declared their Laws and Rights Ibid. E. Their Courage and Value they set upon their Prince f. 56. B. Theft allowed among them Ibid. C. Their Foot how raised Ibid. F. Their Servants and Slaves who their Office and Employment f. 57. A. They exercised Pyracy Ibid. E. They Invaded the British Isles f. 58. A. Where their Seat in Germany and who joyned with them Ibid. C. D. When and by whom called into Britain Ibid. F. Their manner of Government f. 59. A. B. Saxon Laws when first made and by whom Ibid. D. E. F. They were the same with the Germans f. 62. C. The Agreeableness between them and the German Laws Ibid. and f. 63. How they punished Murther Theft Slander and Trespess Ibid. Saxon Tenures f. 66. A. 67. E. F. Their Lands held by Military Service f. 68. A. B. How they proceeded in judgment f. 76. A. B. No Forms of their Writs to be found f. 77. B. Their Agreement with the Germans in the manner of their making Laws f. 84. B. and 85. They secure their Lands by great Ditches f. 86. A. When they held their Councils f. 87. C. D. Their Princes always presided or others by their appointment Ibid. F. The Bulls Charts Privileges and Epistles kept in their Monasteries esteemed Cheats f. 91. E. A perfect Form of their Law-proceedings not known fol. 139. F. They were invited into Britain by Vortigern and had the Isle of Thanet assigned them f. 94. A. They vanquished the Scots and Picts Ibid. B. They quarrel with the Britains and take part with the Scots f. 95. B. D. Their treachery and cruelty to the Britains f. 96 97. Their Heptarchy and Catalogue of their Kings Ibid. He that had most Power was esteemed King of the English fol. 100. D. West-Saxons converted by Byrinus f. 105. E. South-Saxons converted by Wilfrid f. 107. l. 1. Their great Devotion and Piety f. 109. E. F. The Ignorance of their Priests and Bishops f. 115. D. E. Scabini who they were f. 76. B. Scotalls what they were f. 487. F. Scotland their King 's Demand of King Richard f. 433. A. King Kichard's Answer to them Ibid. B. Scots who they were f. 35. B.E. They invaded and spoiled the Britains f. 38. A. 39. C.D. What Hostilities and Barbarities they committed in Northumberland f. 317. A c. Their King and many Great Men made Prisoners Ibid. F. Their Bishops Abbats Earls and Barons swear Allegiance and Fealty to Henry the First and his Son f. 324. A. B. C. And owned a submission to the Church of England Ib. f. 415. B. Their King did Homage to Rich. King of England f. 424. l. 2. Segintiaci who they were f. 10. l. 2. Stephen de Segrave made Justiciary of England by Henry 3d f. 550. A. He was removed from his Office and called to an Account fol. 561. F. He was fined f. 562. D. He is again received into Favor f. 565. lin 1. And made one of the Kings Chief Councellors f. 572. F. Senana Prince Griffins Wife her complaint to Henry the Third fol. 579. C. Her offer to King Henry in her Husbands behalf Ibid. D. Seneca his Extortion and Covetousness f. 18. F. Seneschal of Normandy who his Office and Power f. 163. C. Grand Serjeanty what it was f. 80. F. Serjeants of the Sword who f. 162. D. Serlo Bishop of Seez exhorted Henry the First to Conquer Normandy f. 241. A. His Invective against long Hair and then polled the King Ibid. C. Servants their Condition in Germany f. 83. B. Servi who they were f. 206. F. Services all base and ignoble but Military f. 160. F. Severus defeated Albinus and slew him f. 29. D. He was saluted Emperor and came again into Britain Ibid. D. E. He affected the Name of Britannicus f. 30. l. 1. His great endeavors to conquer the Britains Ibid. A. D. He repaired Hadrians wall Ibid. D. He fixed his Tribunal at York and dyed there Ibid. E. Sheriffs that were unjust removed and corruptions in that Office prevented f. 564. D. They were cited by the King to pay their Rents into the Exchequer f. 619. F. Sigibert King of the East-Angles converted to Christianity f. 105. B. Silures who they were f. 15. A. They vex and destroy the Romans f. 16. E. What moved them to this revenge f. 17. l. 1. They were repulsed by Didius Ibid. A. Sithcundman who he was and his Office f. 68. E. F. Siward Earl of Northumberland opposed Earl Goodwin f. 132. D. He vanquished the Tyrant Macbeth and made Malcolme the Third King of Scotland f. 134. B. Slaves when first in Germany f. 82. C. Statutes of Clarendon renewed at Northampton f. 326. Of Verneul f. 332. D. E. F. Of Merton f. 563. B. Of Merlebergh f. 665. B. Stephen the Third Son to the Earl of Blois claimed the Crown of England f. 272. B. C. D. The Bishops adhere to him contrary to their Oaths Ibid. His Coronation Oath Ibid. E. F. His Title confirmed by the Pope f. 273. A. He seized King Henry's Treasure and received the conditional Homage of some Noble Men and Bishops Ibid. B. C. D. E. He confirmed his Charter to the Church by his Oath Ibid. F. A Peace between him and David King of Scots f. 274. C. His usage of the Church and Church-men Ibid. lin 1. His treacherous dealing with the Earl of Glocester Ibid. D. E. He granted his Crown Lands to his adherents f. 275. A. B. Robert Duke of Glocester defied him Ibid. C. He was cited by the Popes Legat to appear before an Ecclesiastical Council f. 277. A. His faults aggravated by the Legat Ibid. B. C. D. He was defended by Alberic de Ver Ibid. E. f. 278. D. The Legat and Arch-bishop of Canturbury cast themselves at his Feet Ibid. E. The War between him and the Empress managed with Rapine and Barbarities f. 280. A. c. He took and Garrisoned the Isle of Ely f. 281. A. B. His Lords assumed to themselves Rights of Majesty f. 282. A. His great aversness to Peace Ibid. B. C. His Army beaten and he taken prisoner f. 283. A. He was fettered at Glocester Ibid. B. His Queen and the Londoners Petition for his Release fol. 284. D. E. His adherents excommunicated by the Lagat f. 285. A. He was exchanged for Robert Earl of Glocester f. 287. A. His complaint against his Vassals and Feudataries Ibid. B. The Tower of London delivered to him f. 290. A. He was basted at Lincoln Castle by the Earl of Chester Ibid. B. He called a General Council at London f. 291. F. The Arch-bishop refused to Crown his Son Eustachius fol. 292. A. Several Great Men sware Allegiance to his Son Ibid. B. The
Wight Ibid. C. He was made Emperor and subdued the Britains f. 22. B. E. Vicount who and his Office f. 162. C. Vicus what it signifies f. 54. F. Villani who f. 206. F. Virgata Terrae what f. 205. C. Ulster granted by King John to Hugh de Lasci f. 518. B. Vniversity of the Kingdom who and their complaint against Papal Exactions f. 593. A. E. The Popes Answer to them Ibid. F. Volusinus sent by Caesar into Britain f. 1. E. Vortigern King of the Britains f. 93. C. He called in the Saxons to assist him against the Scots and Picts f. 94. A. He Married Rowena Hengists Daughter Ibid. D. Urban the fourth chosen Pope f. 636. A. His Death f. 654. C. W. WAles vid. Welsh John Walerand made Custos of the City of London by Henry the Third f. 654. F. Walo or Gualo sent Legat into France f. 508. A. He disswaded Prince Lewis from invading England Ibid. D. King Philip's Answer to him Ibid. His Plea for King John f. 509. A. B. He left France in a Fret Ibid. C. He Excommunicated Prince Lewis and Simon Langton Arch-bishop of Canterbury f. 510. E. He accompanied the Kings Army against Prince Lewis fol. 525. B. C. The encouragement he gave the Soldiers Ibid. E. He refused to absolve the Religious that assisted Prince Lewis f. 527. F. He suspended such and forced them to compound f. 528. l. 1. He returned to Rome f. 530. l. 1. Robert Fitz-Walter chosen General of the Barons f. 496. A. He was named the Marshal of the Army of God and Holy Church Ibid. He subdued Essex and Suffolk f. 511. B. Walter Arch-bishop of Roven Interdicted Normandy f. 453. D. Wambais what f. 337. B. Wans-ditch where f. 86. C. Wards Married to Foreigners f. 598. E. Warham Castle taken by King Stephen f. 288. E. Retaken by the Earl of Glocester f. 289. A. Fulk Fitz-Warin treated the Popes Legat roughly f. 593. B. William Warlewast King William Rufus his Messenger to the Pope fol. 230. E. F. He was sent thither by King Henry the First f. 259. B. His resolute Demands of the Pope Ibid. C. D. He prohibited Anselm to return into England Ibid. F. The King owned and mainteined his prohibition f. 260. B. He is again sent to the Pope f. 261. C. Watling-street where it was f. 49. l. 1 Ways made by the Romans in Britain four in number Ibid. D. E. The privileges that belonged to them Ibid. F. Welch invade England f. 222. F. They joyn with Robert de Belism against Henry the First fol. 238. B. They are subdued by Henry the Second and do him Homage fol. 299. C. D. Their Kings and Noblemen do Homage to Henry the Second f. 330. F. They do Homage of their own accord to King John f. 480. B. They make Incursions into England f. 482. B. Their Hostages hanged up by King John Ibid. C. They made several Incursions and Revolt f. 449. D. 590. A. They were wholly subdued by Henry the Third and received the English Laws f. 605. E. They again revolt invade ravage and spoil the Borders fol. 620. C. D. 621. E. F. They offered a Submission but were refused f. 622. A. What moved them to rebel at this time f. 623. E. They are Reduced and a firm Peace Established f. 663. E. F. David Welch his great Courage f. 363. B. Henry de Wengham chosen Bishop of Winchester but refused it f. 635. D. Weregild what it was f. 62. F. Wexford surrendred and granted to Robert Fitz-Stephen f. 383. A. They besiege Fitz-Stephen in Karrec Castle f. 357. F. They are routed and their Camp spoiled f. 358. B. C. They took Fitz-Stephen Prisoner by a trick Ibid. E. F. Widomar of Limosin found a great Treasure f. 457. E. King Richard demanded the whole of him Ibid. F. Wilfrid Arch-bishop of York displaced by King Ecgfrid f. 88. E. He appealed to the Pope but without success Ibid. He was restored by Alfrid his Son f. 89. A He was again put out and appealed but to no purpose Ibid. He converted the Saxons and Isle of Wight f. 107. A. William Duke of Normandy afterwards the Conqueror but eight years old when the Bishops and Great Men swear Fealty to him f. 186. l. 4. Bastardy accounted no bar to his Succession Ibid. B. His Success against all that opposed or confederated against him f. 187. A. B. C. c. He claimed Anjou 〈◊〉 his I heritance f. 188. C. His Piety Temperance and Justice Ibid. D. E. F. He came over into England f. 133. A. His Message to Harold and his Answer f. 136. A. The Pope espoused his Cause and sent him a Banner Ibid. He was declared Successor to Edward the Confessor f. 135. A. He propounded to his Great Men an Expedition into England f. 136. D. E. The Motives that induced him to undertake it f. 137. A. He landed in Sussex with his Army Ibid. His offer to Harold refused Ibid. C. His Success and great Victory over the English Ibid. D. E. and f. 189. D. The Kentish men and Londoners submit to him Ibid. E. He was Crowned at Westminster by Aldred f. 190. C. He distributed Harolds Treasure to his followers Ibid. D. E. He received the Fealties of Edwin and Morcar and granted them their Possessions f. 191. A. He placed French-men in places of Trust Ibid. He passed into Normandy and took the chief of the English Nobility with him Ibid. B. D. He cajoled both the English and Welch f. 192. E. He severely taxed the English f. 193. C. D. He built Castles all over England f. 194. A. B. He wasted Northumberland and quieted all Merica fol. 195. D. E. Gospatric and Waltheof reconciled unto him Ibid. Ralph de Guaders Conspiracy against him defeated fol. 202. B. C. D. He commanded Lands taken from Bishoprics to be restored fol. 140. B. Tryals for Recovery of Lands in his Reign f. 141. A c. He subdued the Isle of Ely and used them babarously fol. 196. E. and 197. He divided the Nation among his Followers Ibid. C. D. E. and f. 159. C. f. 198 199. His Grant to the Earl of Britain f. 199. A. He invaded Scotland and made them submit f. 202. l. 1. His Son Robert rebelled but was soon reconciled Ibid. E. fol. 203. lin 4. He wasted the King of France his Country Ibid. B. He seized his Brother Odo's Treasure Ibid. D. E. He Established a setled Revenue f. 204. B. The several Branches of it Ibid. and f. 208 c. 209. D. 210 A. How his Rent was paid f. 210. B c. His yearly Revenue what f. 211. A. His Army not paid out of his standing Revenue Ibid. He brought Church Lands under Military Service f. 212. A. He quartered his Soldiers in Monasteries and carried away theâ—r Treasure Ibid. B. C. D. He brought in the Norman Laws and called Ecclesiastical Councils Ibid. E. F. He brought in the Servitude of Fees f. 156. B. He displaced Englâ—sh Bishops and Abbats and